[112th Congress Public Law 239]
[From the U.S. Government Printing Office]
[[Page 1631]]
NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2013
[[Page 126 STAT. 1632]]
Public Law 112-239
112th Congress
An Act
To authorize appropriations for fiscal year 2013 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. <<NOTE: Jan. 2,
2013 - [H.R. 4310]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: National Defense
Authorization Act for Fiscal Year 2013.>>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Defense Authorization Act
for Fiscal Year 2013''.
SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS.
(a) Divisions.--This Act is organized into four 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.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title.
Sec. 2. Organization of Act into divisions; table of contents.
Sec. 3. Congressional defense committees.
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I--PROCUREMENT
Subtitle A--Authorization of Appropriations
Sec. 101. Authorization of appropriations.
Subtitle B--Army Programs
Sec. 111. Multiyear procurement authority for Army CH-47 helicopters.
Sec. 112. Reports on airlift requirements of the Army.
Subtitle C--Navy Programs
Sec. 121. Extension of Ford class aircraft carrier construction
authority.
Sec. 122. Multiyear procurement authority for Virginia class submarine
program.
Sec. 123. Multiyear procurement authority for Arleigh Burke class
destroyers and associated systems.
Sec. 124. Limitation on availability of amounts for second Ford class
aircraft carrier.
Sec. 125. Refueling and complex overhaul of the U.S.S. Abraham Lincoln.
Sec. 126. Designation of mission modules of the Littoral Combat Ship as
a major defense acquisition program.
Sec. 127. Report on Littoral Combat Ship designs.
Sec. 128. Comptroller General review of Littoral Combat Ship program.
Sec. 129. Sense of Congress on importance of engineering in early stages
of shipbuilding.
[[Page 126 STAT. 1633]]
Sec. 130. Sense of Congress on nuclear-powered ballistic submarines.
Sec. 131. Sense of Congress on Marine Corps amphibious lift and presence
requirements.
Sec. 132. Sense of the Senate on Department of the Navy fiscal year 2014
budget request for tactical aviation aircraft.
Subtitle D--Air Force Programs
Sec. 141. Reduction in number of aircraft required to be maintained in
strategic airlift aircraft inventory.
Sec. 142. Retirement of B-1 bomber aircraft.
Sec. 143. Avionics systems for C-130 aircraft.
Sec. 144. Treatment of certain programs for the F-22A Raptor aircraft as
major defense acquisition programs.
Subtitle E--Joint and Multiservice Matters
Sec. 151. Multiyear procurement authority for V-22 joint aircraft
program.
Sec. 152. Procurement of space-based infrared systems satellites.
Sec. 153. Limitation on availability of funds for evolved expendable
launch vehicle program.
Sec. 154. Limitation on availability of funds for retirement of RQ-4
Global Hawk unmanned aircraft systems.
Sec. 155. Requirement to set F-35 aircraft initial operational
capability dates.
Sec. 156. Shallow Water Combat Submersible program.
Sec. 157. Requirement that tactical manned intelligence, surveillance,
and reconnaissance aircraft and unmanned aerial vehicles use
specified standard data link.
Sec. 158. Study on small arms and small-caliber ammunition capabilities.
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A--Authorization of Appropriations
Sec. 201. Authorization of appropriations.
Subtitle B--Program Requirements, Restrictions, and Limitations
Sec. 211. Next-generation long-range strike bomber aircraft nuclear
certification requirement.
Sec. 212. Extension of limitation on availability of funds for Unmanned
Carrier-launched Surveillance and Strike system program.
Sec. 213. Limitation on availability of funds for milestone A activities
for an Army medium range multi-purpose vertical takeoff and
landing unmanned aircraft system.
Sec. 214. Use of funds for conventional prompt global strike program.
Sec. 215. Next Generation Foundry for the Defense Microelectronics
Activity.
Sec. 216. Advanced rotorcraft initiative.
Subtitle C--Missile Defense Programs
Sec. 221. Prohibition on the use of funds for the MEADS program.
Sec. 222. Availability of funds for Iron Dome short-range rocket defense
program.
Sec. 223. Authority for relocation of certain Aegis weapon system assets
between and within the DDG-51 class destroyer and Aegis
Ashore programs in order to meet mission requirements.
Sec. 224. Evaluation of alternatives for the precision tracking space
system.
Sec. 225. Next generation Exo-atmospheric Kill Vehicle.
Sec. 226. Modernization of the Patriot air and missile defense system.
Sec. 227. Evaluation and environmental impact assessment of potential
future missile defense sites in the United States.
Sec. 228. Homeland ballistic missile defense.
Sec. 229. Regional ballistic missile defense.
Sec. 230. NATO contributions to missile defense in Europe.
Sec. 231. Report on test plan for the ground-based midcourse defense
system.
Sec. 232. Sense of Congress on missile defense.
Sec. 233. Sense of Congress on the submittal to Congress of the homeland
defense hedging policy and strategy report of the Secretary
of Defense.
Subtitle D--Reports
Sec. 241. Mission packages for the Littoral Combat Ship.
Sec. 242. Study on electronic warfare capabilities of the Marine Corps.
Sec. 243. Conditional requirement for report on amphibious assault
vehicles for the Marine Corps.
Sec. 244. Report on cyber and information technology research
investments of the Air Force.
[[Page 126 STAT. 1634]]
Sec. 245. National Research Council review of defense science and
technical graduate education needs.
Subtitle E--Other Matters
Sec. 251. Eligibility for Department of Defense laboratories to enter
into educational partnerships with educational institutions
in territories and possessions of the United States.
Sec. 252. Regional advanced technology clusters.
Sec. 253. Sense of Congress on increasing the cost-effectiveness of
training exercises for members of the Armed Forces.
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
Sec. 301. Operation and maintenance funding.
Subtitle B--Energy and Environment
Sec. 311. Training range sustainment plan and training range inventory.
Sec. 312. Authority of Secretary of a military department to enter into
cooperative agreements with Indian tribes for land management
associated with military installations and State-owned
National Guard installations.
Sec. 313. Department of Defense guidance on environmental exposures at
military installations and briefing regarding environmental
exposures to members of the Armed Forces.
Sec. 314. Report on status of targets in implementation plan for
operational energy strategy.
Sec. 315. Limitation on obligation of Department of Defense funds from
Defense Production Act of 1950 for biofuel refinery
construction.
Sec. 316. Sense of Congress on protection of Department of Defense
airfields, training airspace, and air training routes.
Subtitle C--Logistics and Sustainment
Sec. 321. Expansion and reauthorization of multi-trades demonstration
project.
Sec. 322. Restoration and amendment of certain provisions relating to
depot-level maintenance and core logistics capabilities.
Sec. 323. Rating chains for system program managers.
Subtitle D--Readiness
Sec. 331. Intergovernmental support agreements with State and local
governments.
Sec. 332. Expansion and reauthorization of pilot program for
availability of working-capital funds for product
improvements.
Sec. 333. Department of Defense national strategic ports study and
Comptroller General studies and reports on strategic ports.
Subtitle E--Reports
Sec. 341. Annual report on Department of Defense long-term corrosion
strategy.
Sec. 342. Report on joint strategy for readiness and training in a
C4ISR-denied environment.
Sec. 343. Comptroller General review of annual Department of Defense
report on prepositioned materiel and equipment.
Sec. 344. Modification of report on maintenance and repair of vessels in
foreign shipyards.
Sec. 345. Extension of deadline for Comptroller General report on
Department of Defense service contract inventory.
Subtitle F--Limitations and Extension of Authority
Sec. 351. Repeal of redundant authority to ensure interoperability of
law enforcement and emergency responder training.
Sec. 352. Aerospace control alert mission.
Sec. 353. Limitation on authorization of appropriations for the National
Museum of the United States Army.
Sec. 354. Limitation on availability of funds for retirement or
inactivation of Ticonderoga class cruisers or dock landing
ships.
Sec. 355. Renewal of expired prohibition on return of veterans memorial
objects without specific authorization in law.
Subtitle G--National Commission on the Structure of the Air Force
Sec. 361. Short title.
Sec. 362. Establishment of Commission.
Sec. 363. Duties of the Commission.
[[Page 126 STAT. 1635]]
Sec. 364. Powers of the Commission.
Sec. 365. Commission personnel matters.
Sec. 366. Termination of the Commission.
Sec. 367. Funding.
Subtitle H--Other Matters
Sec. 371. Military working dog matters.
Sec. 372. Comptroller General review of handling, labeling, and
packaging procedures for hazardous material shipments.
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Active Forces
Sec. 401. End strengths for active forces.
Sec. 402. Revision in permanent active duty end strength minimum levels.
Sec. 403. Annual limitation on end strength reductions for regular
component of the Army and Marine Corps.
Sec. 404. Additional Marine Corps personnel for the Marine Corps
Security Guard Program.
Subtitle B--Reserve Forces
Sec. 411. End strengths for Selected Reserve.
Sec. 412. End strengths for Reserves on active duty in support of the
reserves.
Sec. 413. End strengths for military technicians (dual status).
Sec. 414. Fiscal year 2013 limitation on number of non-dual status
technicians.
Sec. 415. Maximum number of reserve personnel authorized to be on active
duty for operational support.
Subtitle C--Authorization of Appropriations
Sec. 421. Military personnel.
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--Officer Personnel Policy Generally
Sec. 501. Limitation on number of Navy flag officers on active duty.
Sec. 502. Reinstatement of authority for enhanced selective early
retirement boards and early discharges.
Sec. 503. Modification of definition of joint duty assignment to include
all instructor assignments for joint training and education.
Sec. 504. Exception to required retirement after 30 years of service for
Regular Navy warrant officers in the grade of Chief Warrant
Officer, W-5.
Sec. 505. Extension of temporary authority to reduce minimum length of
active service as a commissioned officer required for
voluntary retirement as an officer.
Sec. 506. Temporary increase in the time-in-grade retirement waiver
limitation for lieutenant colonels and colonels in the Army,
Air Force, and Marine Corps and commanders and captains in
the Navy.
Sec. 507. Modification to limitations on number of officers for whom
service-in-grade requirements may be reduced for retirement
in grade upon voluntary retirement.
Sec. 508. Air Force Chief of Chaplains.
Subtitle B--Reserve Component Management
Sec. 511. Codification of staff assistant positions for Joint Staff
related to National Guard and Reserve matters.
Sec. 512. Automatic Federal recognition of promotion of certain National
Guard warrant officers.
Sec. 513. Availability of Transition Assistance Advisors to assist
members of reserve components who serve on active duty for
more than 180 consecutive days.
Subtitle C--General Service Authorities
Sec. 518. Authority for additional behavioral health professionals to
conduct pre-separation medical exams for post-traumatic
stress disorder.
Sec. 519. Diversity in the Armed Forces and related reporting
requirements.
Sec. 520. Limitation on reduction in number of military and civilian
personnel assigned to duty with service review agencies.
Sec. 521. Extension of temporary increase in accumulated leave carryover
for members of the Armed Forces.
Sec. 522. Modification of authority to conduct programs on career
flexibility to enhance retention of members of the Armed
Forces.
[[Page 126 STAT. 1636]]
Sec. 523. Prohibition on waiver for commissioning or enlistment in the
Armed Forces for any individual convicted of a felony sexual
offense.
Sec. 524. Quality review of Medical Evaluation Boards, Physical
Evaluation Boards, and Physical Evaluation Board Liaison
Officers.
Sec. 525. Reports on involuntary separation of members of the Armed
Forces.
Sec. 526. Report on feasibility of developing gender-neutral
occupational standards for military occupational specialties
currently closed to women.
Sec. 527. Report on education and training and promotion rates for
pilots of remotely piloted aircraft.
Sec. 528. Impact of numbers of members within the Integrated Disability
Evaluation System on readiness of Armed Forces to meet
mission requirements.
Subtitle D--Military Justice and Legal Matters
Sec. 531. Clarification and enhancement of the role of Staff Judge
Advocate to the Commandant of the Marine Corps.
Sec. 532. Additional information in reports on annual surveys of the
Committee on the Uniform Code of Military Justice.
Sec. 533. Protection of rights of conscience of members of the Armed
Forces and chaplains of such members.
Sec. 534. Reports on hazing in the Armed Forces.
Subtitle E--Member Education and Training Opportunities and
Administration
Sec. 541. Transfer of Troops-to-Teachers Program from Department of
Education to Department of Defense and enhancements to the
Program.
Sec. 542. Support of Naval Academy athletic and physical fitness
programs.
Sec. 543. Expansion of Department of Defense pilot program on receipt of
civilian credentialing for military occupational specialty
skills.
Sec. 544. State consideration of military training in granting certain
State certifications and licenses as a condition on the
receipt of funds for veterans employment and training.
Sec. 545. Department of Defense review of access to military
installations by representatives of institutions of higher
education.
Sec. 546. Report on Department of Defense efforts to standardize
educational transcripts issued to separating members of the
Armed Forces.
Sec. 547. Comptroller General of the United States reports on joint
professional military education matters.
Subtitle F--Reserve Officers' Training Corps and Related Matters
Sec. 551. Repeal of requirement for eligibility for in-State tuition of
at least 50 percent of participants in Senior Reserve
Officers' Training Corps program.
Sec. 552. Consolidation of military department authority to issue arms,
tentage, and equipment to educational institutions not
maintaining units of Junior Reserve Officers' Training Corps.
Sec. 553. Modification of requirements on plan to increase the number of
units of the Junior Reserve Officers' Training Corps.
Sec. 554. Comptroller General report on Reserve Officers' Training Corps
programs.
Subtitle G--Defense Dependents' Education and Military Family Readiness
Sec. 561. Continuation of authority to assist local educational agencies
that benefit dependents of members of the Armed Forces and
Department of Defense civilian employees.
Sec. 562. Impact aid for children with severe disabilities.
Sec. 563. Amendments to the Impact Aid program.
Sec. 564. Transitional compensation for dependent children who are
carried during pregnancy at time of dependent-abuse offense
committed by an individual while a member of the Armed
Forces.
Sec. 565. Modification of authority to allow Department of Defense
domestic dependent elementary and secondary schools to enroll
certain students.
Sec. 566. Noncompetitive appointment authority regarding certain
military spouses.
Sec. 567. Report on future of family support programs of the Department
of Defense.
Sec. 568. Sense of Congress regarding support for Yellow Ribbon Day.
Subtitle H--Improved Sexual Assault Prevention and Response in the Armed
Forces
Sec. 570. Armed Forces Workplace and Gender Relations Surveys.
Sec. 571. Authority to retain or recall to active duty reserve component
members who are victims of sexual assault while on active
duty.
Sec. 572. Additional elements in comprehensive Department of Defense
policy on sexual assault prevention and response.
[[Page 126 STAT. 1637]]
Sec. 573. Establishment of special victim capabilities within the
military departments to respond to allegations of certain
special victim offenses.
Sec. 574. Enhancement to training and education for sexual assault
prevention and response.
Sec. 575. Modification of annual Department of Defense reporting
requirements regarding sexual assaults.
Sec. 576. Independent reviews and assessments of Uniform Code of
Military Justice and judicial proceedings of sexual assault
cases.
Sec. 577. Retention of certain forms in connection with Restricted
Reports on sexual assault at request of the member of the
Armed Forces making the report.
Sec. 578. General or flag officer review of and concurrence in
separation of members of the Armed Forces making an
Unrestricted Report of sexual assault.
Sec. 579. Department of Defense policy and plan for prevention and
response to sexual harassment in the Armed Forces.
Subtitle I--Suicide Prevention and Resilience
Sec. 580. Enhancement of oversight and management of Department of
Defense suicide prevention and resilience programs.
Sec. 581. Reserve component suicide prevention and resilience program.
Sec. 582. Comprehensive policy on prevention of suicide among members of
the Armed Forces.
Sec. 583. Study of resilience programs for members of the Army.
Subtitle J--Other Matters
Sec. 584. Issuance of prisoner-of-war medal.
Sec. 585. Technical amendments relating to the termination of the Armed
Forces Institute of Pathology under defense base closure and
realignment.
Sec. 586. Modification of requirement for reports in Federal Register on
institutions of higher education ineligible for contracts and
grants for denial of ROTC or military recruiter access to
campus.
Sec. 587. Acceptance of gifts and services related to educational
activities and voluntary services to account for missing
persons.
Sec. 588. Display of State, District of Columbia, commonwealth, and
territorial flags by the Armed Forces.
Sec. 589. Enhancement of authorities on admission of defense industry
civilians to certain Department of Defense educational
institutions and programs.
Sec. 590. Extension of authorities to carry out a program of referral
and counseling services to veterans at risk of homelessness
who are transitioning from certain institutions.
Sec. 591. Inspection of military cemeteries under the jurisdiction of
Department of Defense.
Sec. 592. Report on results of investigations and reviews conducted with
respect to Port Mortuary Division of the Air Force Mortuary
Affairs Operations Center at Dover Air Force Base.
Sec. 593. Preservation of editorial independence of Stars and Stripes.
Sec. 594. National public awareness and participation campaign for
Veterans' History Project of American Folklife Center.
Sec. 595. Report on accuracy of data in the Defense Enrollment
Eligibility Reporting System.
Sec. 596. Sense of Congress that the bugle call commonly known as Taps
should be designated as the National Song of Military
Remembrance.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Pay and Allowances
Sec. 601. Fiscal year 2013 increase in military basic pay.
Sec. 602. Extension of authority to provide temporary increase in rates
of basic allowance for housing under certain circumstances.
Sec. 603. Basic allowance for housing for two-member couples when one
member is on sea duty.
Sec. 604. Rates of basic allowance for housing for members performing
active Guard and Reserve duty.
Sec. 605. Payment of benefit for nonparticipation of eligible members in
Post-Deployment/Mobilization Respite Absence program due to
Government error.
Subtitle B--Bonuses and Special and Incentive Pays
Sec. 611. One-year extension of certain bonus and special pay
authorities for reserve forces.
[[Page 126 STAT. 1638]]
Sec. 612. One-year extension of certain bonus and special pay
authorities for health care professionals.
Sec. 613. One-year extension of special pay and bonus authorities for
nuclear officers.
Sec. 614. One-year extension of authorities relating to title 37
consolidated special pay, incentive pay, and bonus
authorities.
Sec. 615. One-year extension of authorities relating to payment of other
title 37 bonuses and special pays.
Sec. 616. Increase in maximum amount of officer affiliation bonus for
officers in the Selected Reserve.
Sec. 617. Increase in maximum amount of incentive bonus for reserve
component members who convert military occupational specialty
to ease personnel shortages.
Subtitle C--Travel and Transportation Allowances
Sec. 621. Permanent change of station allowances for members of Selected
Reserve units filling a vacancy in another unit after being
involuntarily separated.
Sec. 622. Authority for comprehensive program for space-available travel
on Department of Defense aircraft.
Subtitle D--Benefits and Services for Members Being Separated or
Recently Separated
Sec. 631. Extension of authority to provide two years of commissary and
exchange benefits after separation.
Sec. 632. Transitional use of military family housing.
Subtitle E--Disability, Retired Pay, and Survivor Benefits
Sec. 641. Repeal of requirement for payment of Survivor Benefit Plan
premiums when participant waives retired pay to provide a
survivor annuity under Federal Employees Retirement System
and terminating payment of the Survivor Benefit Plan annuity.
Sec. 642. Repeal of automatic enrollment in Family Servicemembers' Group
Life Insurance for members of the Armed Forces married to
other members.
Sec. 643. Clarification of computation of combat-related special
compensation for chapter 61 disability retirees.
Subtitle F--Commissary and Nonappropriated Fund Instrumentality Benefits
and Operations
Sec. 651. Repeal of certain recordkeeping and reporting requirements
applicable to commissary and exchange stores overseas.
Sec. 652. Treatment of Fisher House for the Families of the Fallen and
Meditation Pavilion at Dover Air Force Base, Delaware, as a
Fisher House.
Subtitle G--Military Lending
Sec. 661. Additional enhancements of protections on consumer credit for
members of the Armed Forces and their dependents.
Sec. 662. Effect of violations of protections on consumer credit
extended to members of the Armed Forces and their dependents.
Sec. 663. Consistent definition of dependent for purposes of applying
limitations on terms of consumer credit extended to certain
members of the Armed Forces and their dependents.
Subtitle H--Military Compensation and Retirement Modernization
Commission
Sec. 671. Purpose, scope, and definitions.
Sec. 672. Military Compensation and Retirement Modernization Commission.
Sec. 673. Commission hearings and meetings.
Sec. 674. Principles and procedure for Commission recommendations.
Sec. 675. Consideration of Commission recommendations by the President.
Sec. 676. Executive Director.
Sec. 677. Staff.
Sec. 678. Judicial review precluded.
Sec. 679. Termination.
Sec. 680. Funding.
Subtitle I--Other Matters
Sec. 681. Equal treatment for members of Coast Guard Reserve called to
active duty under title 14, United States Code.
Sec. 682. Report regarding Department of Veterans Affairs claims process
transformation plan.
[[Page 126 STAT. 1639]]
TITLE VII--HEALTH CARE PROVISIONS
Subtitle A--TRICARE and Other Health Care Benefits
Sec. 701. Extension of TRICARE Standard coverage and TRICARE dental
program for members of the Selected Reserve who are
involuntarily separated.
Sec. 702. Inclusion of certain over-the-counter drugs in TRICARE uniform
formulary.
Sec. 703. Modification of requirements on mental health assessments for
members of the Armed Forces deployed in connection with a
contingency operation.
Sec. 704. Use of Department of Defense funds for abortions in cases of
rape and incest.
Sec. 705. Pilot program on certain treatments of autism under the
TRICARE program.
Sec. 706. Pilot program on enhancements of Department of Defense efforts
on mental health in the National Guard and Reserves through
community partnerships.
Sec. 707. Sense of Congress on health care for retired members of the
uniformed services.
Subtitle B--Health Care Administration
Sec. 711. Authority for automatic enrollment in TRICARE Prime of
dependents of members in pay grades above pay grade E-4.
Sec. 712. Cost-sharing rates for the Pharmacy Benefits Program of the
TRICARE program.
Sec. 713. Clarification of applicability of certain authority and
requirements to subcontractors employed to provide health
care services to the Department of Defense.
Sec. 714. Expansion of evaluation of the effectiveness of the TRICARE
program.
Sec. 715. Requirement to ensure the effectiveness and efficiency of
health engagements.
Sec. 716. Pilot program for refills of maintenance medications for
TRICARE for Life beneficiaries through the TRICARE mail-order
pharmacy program.
Subtitle C--Mental Health Care and Veterans Matters
Sec. 723. Sharing between Department of Defense and Department of
Veterans Affairs of records and information retained under
the medical tracking system for members of the Armed Forces
deployed overseas.
Sec. 724. Participation of members of the Armed Forces in peer support
counseling programs of the Department of Veterans Affairs.
Sec. 725. Research and medical practice on mental health conditions.
Sec. 726. Transparency in mental health care services provided by the
Department of Veterans Affairs.
Sec. 727. Expansion of Vet Center Program to include furnishing
counseling to certain members of the Armed Forces and their
family members.
Sec. 728. Organization of the Readjustment Counseling Service in the
Department of Veterans Affairs.
Sec. 729. Recruitment of mental health providers for furnishing mental
health services on behalf of the Department of Veterans
Affairs without compensation from the Department.
Sec. 730. Peer support.
Subtitle D--Reports and Other Matters
Sec. 731. Plan for reform of the administration of the military health
system.
Sec. 732. Future availability of TRICARE Prime throughout the United
States.
Sec. 733. Extension of Comptroller General report on contract health
care staffing for military medical treatment facilities.
Sec. 734. Extension of Comptroller General report on women-specific
health services and treatment for female members of the Armed
Forces.
Sec. 735. Study on health care and related support for children of
members of the Armed Forces.
Sec. 736. Report on strategy to transition to use of human-based methods
for certain medical training.
Sec. 737. Study on incidence of breast cancer among members of the Armed
Forces serving on active duty.
Sec. 738. Performance metrics and reports on Warriors in Transition
programs of the military departments.
Sec. 739. Plan to eliminate gaps and redundancies in programs of the
Department of Defense on psychological health and traumatic
brain injury.
[[Page 126 STAT. 1640]]
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
Subtitle A--Acquisition Policy and Management
Sec. 801. Treatment of procurements on behalf of the Department of
Defense through the Work for Others program of the Department
of Energy.
Sec. 802. Review and justification of pass-through contracts.
Sec. 803. Availability of amounts in Defense Acquisition Workforce
Development Fund.
Sec. 804. Department of Defense policy on contractor profits.
Sec. 805. Modification of authorities on internal controls for
procurements on behalf of the Department of Defense by
certain nondefense agencies.
Sec. 806. Extension of authority relating to management of supply-chain
risk.
Sec. 807. Sense of Congress on the continuing progress of the Department
of Defense in implementing its Item Unique Identification
Initiative.
Subtitle B--Provisions Relating to Major Defense Acquisition Programs
Sec. 811. Limitation on use of cost-type contracts.
Sec. 812. Estimates of potential termination liability of contracts for
the development or production of major defense acquisition
programs.
Sec. 813. Technical change regarding programs experiencing critical cost
growth due to change in quantity purchased.
Sec. 814. Repeal of requirement to review ongoing programs initiated
before enactment of Milestone B certification and approval
process.
Subtitle C--Amendments to General Contracting Authorities, Procedures,
and Limitations
Sec. 821. Modification of time period for congressional notification of
the lease of certain vessels by the Department of Defense.
Sec. 822. Extension of authority for use of simplified acquisition
procedures for certain commercial items.
Sec. 823. Codification and amendment relating to life-cycle management
and product support requirements.
Sec. 824. Codification of requirement relating to Government performance
of critical acquisition functions.
Sec. 825. Competition in acquisition of major subsystems and
subassemblies on major defense acquisition programs.
Sec. 826. Compliance with Berry Amendment required for uniform
components supplied to Afghan military or Afghan National
Police.
Sec. 827. Enhancement of whistleblower protections for contractor
employees.
Sec. 828. Pilot program for enhancement of contractor employee
whistleblower protections.
Sec. 829. Extension of contractor conflict of interest limitations.
Sec. 830. Repeal of sunset for certain protests of task and delivery
order contracts.
Sec. 831. Guidance and training related to evaluating reasonableness of
price.
Sec. 832. Department of Defense access to, use of, and safeguards and
protections for contractor internal audit reports.
Sec. 833. Contractor responsibilities in regulations relating to
detection and avoidance of counterfeit electronic parts.
Subtitle D--Provisions Relating to Contracts in Support of Contingency
Operations
Sec. 841. Extension and expansion of authority to acquire products and
services produced in countries along a major route of supply
to Afghanistan.
Sec. 842. Limitation on authority to acquire products and services
produced in Afghanistan.
Sec. 843. Responsibility within Department of Defense for operational
contract support.
Sec. 844. Data collection on contract support for future overseas
contingency operations involving combat operations.
Sec. 845. Inclusion of operational contract support in certain
requirements for Department of Defense planning, joint
professional military education, and management structure.
Sec. 846. Requirements for risk assessments related to contractor
performance.
Sec. 847. Extension and modification of reports on contracting in Iraq
and Afghanistan.
Sec. 848. Responsibilities of inspectors general for overseas
contingency operations.
Sec. 849. Oversight of contracts and contracting activities for overseas
contingency operations in responsibilities of Chief
Acquisition Officers of Federal agencies.
Sec. 850. Reports on responsibility within Department of State and the
United States Agency for International Development for
contract support for overseas contingency operations.
[[Page 126 STAT. 1641]]
Sec. 851. Database on price trends of items and services under Federal
contracts.
Sec. 852. Information on corporate contractor performance and integrity
through the Federal Awardee Performance and Integrity
Information System.
Sec. 853. Inclusion of data on contractor performance in past
performance databases for executive agency source selection
decisions.
Subtitle E--Other Matters
Sec. 861. Requirements and limitations for suspension and debarment
officials of the Department of Defense, the Department of
State, and the United States Agency for International
Development.
Sec. 862. Uniform contract writing system requirements.
Sec. 863. Extension of other transaction authority.
Sec. 864. Report on allowable costs of compensation of contractor
employees.
Sec. 865. Reports on use of indemnification agreements.
Sec. 866. Plan to increase number of contractors eligible for contracts
under Air Force NETCENTS-2 contract.
Sec. 867. Inclusion of information on prevalent grounds for sustaining
bid protests in annual protest report by Comptroller General
to Congress.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Subtitle A--Department of Defense Management
Sec. 901. Additional duties of Deputy Assistant Secretary of Defense for
Manufacturing and Industrial Base Policy and amendments to
Strategic Materials Protection Board.
Sec. 902. Requirement for focus on urgent operational needs and rapid
acquisition.
Sec. 903. Designation of Department of Defense senior official for
enterprise resource planning system data conversion.
Sec. 904. Additional responsibilities and resources for Deputy Assistant
Secretary of Defense for Developmental Test and Evaluation.
Sec. 905. Definition and report on terms ``preparation of the
environment'' and ``operational preparation of the
environment'' for joint doctrine purposes.
Sec. 906. Information for Deputy Chief Management Officer of the
Department of Defense from the military departments and
Defense Agencies for defense business system investment
reviews.
Subtitle B--Space Activities
Sec. 911. Reports on integration of acquisition and capability delivery
schedules for segments of major satellite acquisition
programs and funding for such programs.
Sec. 912. Commercial space launch cooperation.
Sec. 913. Limitation on international agreements concerning outer space
activities.
Sec. 914. Operationally Responsive Space Program Office.
Sec. 915. Report on overhead persistent infrared technology.
Sec. 916. Assessment of foreign components and the space launch
capability of the United States.
Sec. 917. Report on counter space technology.
Subtitle C--Intelligence-Related Activities
Sec. 921. Authority to provide geospatial intelligence support to
certain security alliances and regional organizations.
Sec. 922. Technical amendments to reflect change in name of National
Defense Intelligence College to National Intelligence
University.
Sec. 923. Review of Army Distributed Common Ground System.
Sec. 924. Electro-optical imagery.
Sec. 925. Defense Clandestine Service.
Subtitle D--Cyberspace-Related Matters
Sec. 931. Implementation strategy for Joint Information Environment.
Sec. 932. Next-generation host-based cyber security system for the
Department of Defense.
Sec. 933. Improvements in assurance of computer software procured by the
Department of Defense.
Sec. 934. Competition in connection with Department of Defense tactical
data link systems.
Sec. 935. Collection and analysis of network flow data.
Sec. 936. Competition for large-scale software database and data
analysis tools.
Sec. 937. Software licenses of the Department of Defense.
Sec. 938. Sense of Congress on potential security risks to Department of
Defense networks.
Sec. 939. Quarterly cyber operations briefings.
[[Page 126 STAT. 1642]]
Sec. 940. Sense of Congress on the United States Cyber Command.
Sec. 941. Reports to Department of Defense on penetrations of networks
and information systems of certain contractors.
Subtitle E--Other Matters
Sec. 951. Advice on military requirements by Chairman of Joint Chiefs of
Staff and Joint Requirements Oversight Council.
Sec. 952. Enhancement of responsibilities of the Chairman of the Joint
Chiefs of Staff regarding the national military strategy.
Sec. 953. One-year extension of authority to waive reimbursement of
costs of activities for nongovernmental personnel at
Department of Defense regional centers for security studies.
Sec. 954. National Language Service Corps.
Sec. 955. Savings to be achieved in civilian personnel workforce and
service contractor workforce of the Department of Defense.
Sec. 956. Expansion of persons eligible for expedited Federal hiring
following completion of National Security Education Program
scholarship.
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
Sec. 1001. General transfer authority.
Sec. 1002. Budgetary effects of this Act.
Sec. 1003. Sense of Congress on notice to Congress on unfunded
priorities.
Sec. 1004. Authority to transfer funds to the National Nuclear Security
Administration to sustain nuclear weapons modernization.
Sec. 1005. Audit readiness of Department of Defense statements of
budgetary resources.
Sec. 1006. Report on balances carried forward by the Department of
Defense at the end of fiscal year 2012.
Sec. 1007. Report on elimination and streamlining of reporting
requirements, thresholds, and statutory and regulatory
requirements resulting from unqualified audit opinion of
Department of Defense financial statements.
Subtitle B--Counter-Drug Activities
Sec. 1008. Extension of the authority to establish and operate National
Guard counterdrug schools.
Sec. 1009. Biannual reports on use of funds in the Drug Interdiction and
Counter-Drug Activities, Defense-wide account.
Sec. 1010. Extension of authority to support unified counter-drug and
counterterrorism campaign in Colombia.
Sec. 1011. Extension of authority for joint task forces to provide
support to law enforcement agencies conducting counter-
terrorism activities.
Sec. 1012. Requirement for biennial certification on provision of
support for counter-drug activities to certain foreign
governments.
Subtitle C--Naval Vessels and Shipyards
Sec. 1013. Policy relating to major combatant vessels of the strike
forces of the United States Navy.
Sec. 1014. Limitation on availability of funds for delayed annual naval
vessel construction plan.
Sec. 1015. Retirement of naval vessels.
Sec. 1016. Termination of a Maritime Prepositioning Ship squadron.
Sec. 1017. Sense of Congress on recapitalization for the Navy and Coast
Guard.
Sec. 1018. Notice to Congress for the review of proposals to name naval
vessels.
Subtitle D--Counterterrorism
Sec. 1021. Extension of authority to make rewards for combating
terrorism.
Sec. 1022. Prohibition on use of funds to construct or modify facilities
in the United States to house detainees transferred from
United States Naval Station, Guantanamo Bay, Cuba.
Sec. 1023. Report on recidivism of individuals detained at United States
Naval Station, Guantanamo Bay, Cuba, who have been
transferred to foreign countries.
Sec. 1024. Notice and report on use of naval vessels for detention of
individuals captured outside Afghanistan pursuant to the
Authorization for Use of Military Force.
Sec. 1025. Notice required prior to transfer of certain individuals
detained at the Detention Facility at Parwan, Afghanistan.
Sec. 1026. Report on recidivism of individuals formerly detained at the
Detention Facility at Parwan, Afghanistan.
[[Page 126 STAT. 1643]]
Sec. 1027. Prohibition on the use of funds for the transfer or release
of individuals detained at United States Naval Station,
Guantanamo Bay, Cuba.
Sec. 1028. Requirements for certifications relating to the transfer of
detainees at United States Naval Station, Guantanamo Bay,
Cuba, to foreign countries and other foreign entities.
Sec. 1029. Rights Unaffected.
Subtitle E--Nuclear Forces
Sec. 1031. Nuclear weapons employment strategy of the United States.
Sec. 1032. Progress of modernization.
Sec. 1033. Report in the event of insufficient funding for modernization
of nuclear weapons stockpile.
Sec. 1034. Prevention of asymmetry of nuclear weapon stockpile
reductions.
Sec. 1035. Strategic delivery systems.
Sec. 1036. Consideration of expansion of nuclear forces of other
countries.
Sec. 1037. Nonstrategic nuclear weapon reductions and extended
deterrence policy.
Sec. 1038. Unilateral change in nuclear weapons stockpile of the United
States.
Sec. 1039. Expansion of duties and responsibilities of the Nuclear
Weapons Council.
Sec. 1040. Interagency Council on the Strategic Capability of the
National Laboratories.
Sec. 1041. Cost estimates for nuclear weapons.
Sec. 1042. Prior notification with regard to retirement of strategic
delivery systems.
Sec. 1043. Report on nuclear warheads on intercontinental ballistic
missiles of the United States.
Sec. 1044. Requirements for combined or interoperable warhead for
certain missile systems.
Sec. 1045. Reports on capability of conventional and nuclear forces
against certain tunnel sites and on nuclear weapons program
of the People's Republic of China.
Sec. 1046. Report on conventional and nuclear forces in the Western
Pacific region.
Subtitle F--Miscellaneous Authorities and Limitations
Sec. 1051. Expansion of authority of the Secretary of the Army to loan
or donate excess non-automatic service rifles for funeral and
other ceremonial purposes.
Sec. 1052. Interagency collaboration on unmanned aircraft systems.
Sec. 1053. Authority to transfer surplus Mine-Resistant Ambush-Protected
vehicles and spare parts.
Sec. 1054. Notice to Congress of certain Department of Defense
nondisclosure agreements.
Sec. 1055. Extension of authority to provide assured business guarantees
to carriers participating in Civil Reserve Air Fleet.
Sec. 1056. Authority for short-term extension of lease for aircraft
supporting the Blue Devil intelligence, surveillance, and
reconnaissance program.
Sec. 1057. Rule of construction relating to prohibition on infringing on
the individual right to lawfully acquire, possess, own,
carry, and otherwise use privately owned firearms,
ammunition, and other weapons.
Sec. 1058. Sense of Congress on the Joint Warfighting Analysis Center.
Sec. 1059. Limitations on retirement of fixed-wing intra-theater airlift
aircraft for general support and time sensitive/mission
critical direct support airlift missions of the Department of
Defense.
Subtitle G--Studies and Reports
Sec. 1061. Electronic warfare strategy of the Department of Defense.
Sec. 1062. Report on counterproliferation capabilities and limitations.
Sec. 1063. Report on strategic airlift aircraft.
Sec. 1064. Repeal of biennial report on the Global Positioning System.
Sec. 1065. Improvements to reports required on acquisition of technology
relating to weapons of mass destruction and the threat posed
by weapons of mass destruction, ballistic missiles, and
cruise missiles.
Sec. 1066. Report on force structure of the United States Army.
Sec. 1067. Report on planned efficiency initiatives at Space and Naval
Warfare Systems Command.
Sec. 1068. Report on military resources necessary to execute United
States Force Posture Strategy in the Asia Pacific Region.
Sec. 1069. Rialto-Colton Basin, California, water resources study.
Sec. 1070. Reports on the potential security threat posed by Boko Haram.
Sec. 1071. Study on the ability of national test and evaluation
capabilities to support the maturation of hypersonic
technologies for future defense systems development.
[[Page 126 STAT. 1644]]
Subtitle H--Other Matters
Sec. 1076. Technical and clerical amendments.
Sec. 1077. Sense of Congress on recognizing Air Mobility Command on its
20th anniversary.
Sec. 1078. Dissemination abroad of information about the United States.
Sec. 1079. Coordination for computer network operations.
Sec. 1080. Sense of Congress regarding unauthorized disclosures of
classified information.
Sec. 1081. Technical amendments to repeal statutory references to United
States Joint Forces Command.
Sec. 1082. Sense of Congress on non-United States citizens who are
graduates of United States educational institutions with
advanced degrees in science, technology, engineering, and
mathematics.
Sec. 1083. Scientific framework for recalcitrant cancers.
Sec. 1084. Protection of veterans' memorials.
Sec. 1085. Sense of Congress regarding spectrum.
Sec. 1086. Public Safety Officers' Benefits Program.
Sec. 1087. Removal of action.
Sec. 1088. Transport for female genital mutilation.
Sec. 1089. Amendments to law enforcement officer safety provisions of
title 18.
Sec. 1090. Reauthorization of sale of aircraft and parts for wildfire
suppression purposes.
Sec. 1091. Transfer of excess aircraft to other departments of the
Federal Government.
TITLE XI--CIVILIAN PERSONNEL MATTERS
Sec. 1101. One-year extension of authority to waive annual limitation on
premium pay and aggregate limitation on pay for Federal
civilian employees working overseas.
Sec. 1102. Expansion of experimental personnel program for scientific
and technical personnel at the Defense Advanced Research
Projects Agency.
Sec. 1103. Extension of authority to fill shortage category positions
for certain Federal acquisition positions for civilian
agencies.
Sec. 1104. One-year extension of discretionary authority to grant
allowances, benefits, and gratuities to personnel on official
duty in a combat zone.
Sec. 1105. Policy on senior mentors.
Sec. 1106. Authority to pay for the transport of family household pets
for Federal employees during certain evacuation operations.
Sec. 1107. Interagency personnel rotations.
TITLE XII--MATTERS RELATING TO FOREIGN NATIONS
Subtitle A--Assistance and Training
Sec. 1201. Modification and extension of authorities relating to program
to build the capacity of foreign military forces.
Sec. 1202. Extension of authority for non-reciprocal exchanges of
defense personnel between the United States and foreign
countries.
Sec. 1203. Authority to build the capacity of certain counterterrorism
forces in Yemen and East Africa.
Sec. 1204. Limitation on activities under State Partnership Program
pending compliance with certain program-related requirements.
Subtitle B--Matters Relating to Iraq, Afghanistan, and Pakistan
Sec. 1211. Authority to support operations and activities of the Office
of Security Cooperation in Iraq.
Sec. 1212. Report on insider attacks in Afghanistan and their effect on
the United States transition strategy for Afghanistan.
Sec. 1213. United States military support in Afghanistan.
Sec. 1214. Modification of report on progress toward security and
stability in Afghanistan.
Sec. 1215. Independent assessment of the Afghan National Security
Forces.
Sec. 1216. Extension and modification of logistical support for
coalition forces supporting certain United States military
operations.
Sec. 1217. Report on Afghanistan Peace and Reintegration Program.
Sec. 1218. One-year extension of authority to use funds for
reintegration activities in Afghanistan.
Sec. 1219. One-year extension and modification of authority for program
to develop and carry out infrastructure projects in
Afghanistan.
Sec. 1220. Report on updates and modifications to campaign plan for
Afghanistan.
Sec. 1221. Commanders' Emergency Response Program in Afghanistan.
Sec. 1222. Authority to transfer defense articles and provide defense
services to the military and security forces of Afghanistan.
[[Page 126 STAT. 1645]]
Sec. 1223. Report on efforts to promote the security of Afghan women and
girls during the security transition process.
Sec. 1224. Sense of Congress commending the Enduring Strategic
Partnership Agreement between the United States and
Afghanistan.
Sec. 1225. Consultations with Congress on a bilateral security agreement
with Afghanistan.
Sec. 1226. Completion of transition of United States combat and military
and security operations to the Government of Afghanistan.
Sec. 1227. Extension and modification of authority for reimbursement of
certain coalition nations for support provided to United
States military operations.
Sec. 1228. Extension and modification of Pakistan Counterinsurgency
Fund.
Subtitle C--Matters Relating to Iran
Sec. 1231. Report on United States capabilities in relation to China,
North Korea, and Iran.
Sec. 1232. Report on military capabilities of Gulf Cooperation Council
members.
Sec. 1233. Sense of Congress with respect to Iran.
Sec. 1234. Rule of construction.
Subtitle D--Iran Sanctions
Sec. 1241. Short title.
Sec. 1242. Definitions.
Sec. 1243. Sense of Congress relating to violations of human rights by
Iran.
Sec. 1244. Imposition of sanctions with respect to the energy, shipping,
and shipbuilding sectors of Iran.
Sec. 1245. Imposition of sanctions with respect to the sale, supply, or
transfer of certain materials to or from Iran.
Sec. 1246. Imposition of sanctions with respect to the provision of
underwriting services or insurance or reinsurance for
activities or persons with respect to which sanctions have
been imposed.
Sec. 1247. Imposition of sanctions with respect to foreign financial
institutions that facilitate financial transactions on behalf
of specially designated nationals.
Sec. 1248. Impositions of sanctions with respect to the Islamic Republic
of Iran Broadcasting.
Sec. 1249. Imposition of sanctions with respect to persons engaged in
the diversion of goods intended for the people of Iran.
Sec. 1250. Waiver requirement related to exceptional circumstances
preventing significant reductions in crude oil purchases.
Sec. 1251. Statute of limitations for civil actions regarding terrorist
acts.
Sec. 1252. Report on use of certain Iranian seaports by foreign vessels
and use of foreign airports by sanctioned Iranian air
carriers.
Sec. 1253. Implementation; penalties.
Sec. 1254. Applicability to certain natural gas projects.
Sec. 1255. Rule of construction.
Subtitle E--Satellites and Related Items
Sec. 1261. Removal of satellites and related items from the United
States Munitions List.
Sec. 1262. Report on licenses and other authorizations to export certain
satellites and related items.
Sec. 1263. Report on country exemptions for licensing of exports of
certain satellites and related items.
Sec. 1264. End-use monitoring of certain satellites and related items.
Sec. 1265. Interagency review of modifications to Category XV of the
United States Munitions List.
Sec. 1266. Rules of construction.
Sec. 1267. Definitions.
Subtitle F--Other Matters
Sec. 1271. Additional elements in annual report on military and security
developments involving the People's Republic of China.
Sec. 1272. NATO Special Operations Headquarters.
Sec. 1273. Sustainability requirements for certain capital projects in
connection with overseas contingency operations.
Sec. 1274. Administration of the American, British, Canadian, and
Australian Armies' Program.
Sec. 1275. United States participation in Headquarters Eurocorps.
Sec. 1276. Department of Defense participation in European program on
multilateral exchange of air transportation and air refueling
services.
[[Page 126 STAT. 1646]]
Sec. 1277. Prohibition on use of funds to enter into contracts or
agreements with Rosoboronexport.
Sec. 1278. Sense of Congress on Iron Dome short-range rocket defense
system.
Sec. 1279. Bilateral defense trade relationship with India.
Sec. 1280. United States Advisory Commission on Public Diplomacy.
Sec. 1281. Sense of Congress on sale of aircraft to Taiwan.
Sec. 1282. Briefings on dialogue between the United States and the
Russian Federation on nuclear arms, missile defense systems,
and long-range conventional strike systems.
Sec. 1283. Sense of Congress on efforts to remove or apprehend Joseph
Kony from the battlefield and end the atrocities of the
Lord's Resistance Army.
Sec. 1284. Imposition of sanctions with respect to support for the rebel
group known as M23.
Sec. 1285. Pilot program on repair, overhaul, and refurbishment of
defense articles for sale or transfer to eligible foreign
countries and entities.
Sec. 1286. Sense of Congress on the situation in the Senkaku Islands.
Subtitle G--Reports
Sec. 1291. Review and reports on Department of Defense efforts to build
the capacity of and partner with foreign security forces.
Sec. 1292. Additional report on military and security developments
involving the Democratic People's Republic of Korea.
Sec. 1293. Report on host nation support for overseas United States
military installations and United States Armed Forces
deployed in country.
Sec. 1294. Report on military activities to deny or significantly
degrade the use of air power against civilian and opposition
groups in Syria.
Sec. 1295. Report on military assistance provided by Russia to Syria.
TITLE XIII--COOPERATIVE THREAT REDUCTION
Sec. 1301. Specification of cooperative threat reduction programs and
funds.
Sec. 1302. Funding allocations.
Sec. 1303. Report on Cooperative Threat Reduction Programs in Russia.
TITLE XIV--OTHER AUTHORIZATIONS
Subtitle A--Military Programs
Sec. 1401. Working capital funds.
Sec. 1402. National Defense Sealift Fund.
Sec. 1403. Chemical Agents and Munitions Destruction, Defense.
Sec. 1404. Drug Interdiction and Counter-Drug Activities, Defense-wide.
Sec. 1405. Defense Inspector General.
Sec. 1406. Defense Health Program.
Subtitle B--National Defense Stockpile
Sec. 1411. Authorized uses of National Defense Stockpile funds.
Sec. 1412. Additional security of strategic materials supply chains.
Sec. 1413. Release of materials needed for national defense purposes
from the Strategic and Critical Materials Stockpile.
Subtitle C--Chemical Demilitarization Matters
Sec. 1421. Supplemental chemical agent and munitions destruction
technologies at Pueblo Chemical Depot, Colorado, and Blue
Grass Army Depot, Kentucky.
Subtitle D--Other Matters
Sec. 1431. Reduction of unobligated balances within the Pentagon
Reservation Maintenance Revolving Fund.
Sec. 1432. Authority for transfer of funds to Joint Department of
Defense-Department of Veterans Affairs Medical Facility
Demonstration Fund for Captain James A. Lovell Health Care
Center, Illinois.
Sec. 1433. Authorization of appropriations for Armed Forces Retirement
Home.
Sec. 1434. Cemeterial expenses.
Sec. 1435. Additional Weapons of Mass Destruction Civil Support Teams.
TITLE XV--AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR OVERSEAS
CONTINGENCY OPERATIONS
Subtitle A--Authorization of Additional Appropriations
Sec. 1501. Purpose.
Sec. 1502. Procurement.
[[Page 126 STAT. 1647]]
Sec. 1503. Research, development, test, and evaluation.
Sec. 1504. Operation and maintenance.
Sec. 1505. Military personnel.
Sec. 1506. Working capital funds.
Sec. 1507. Defense Health Program.
Sec. 1508. Drug Interdiction and Counter-Drug Activities, Defense-wide.
Sec. 1509. Defense Inspector General.
Subtitle B--Financial Matters
Sec. 1521. Treatment as additional authorizations.
Sec. 1522. Special transfer authority.
Subtitle C--Limitations and Other Matters
Sec. 1531. Afghanistan Security Forces Fund.
Sec. 1532. Joint Improvised Explosive Device Defeat Fund.
Sec. 1533. One-year extension of project authority and related
requirements of Task Force for Business and Stability
Operations in Afghanistan.
Sec. 1534. Plan for transition in funding of United States Special
Operations Command from supplemental funding for overseas
contingency operations to recurring funding under the future-
years defense program.
Sec. 1535. Assessment of counter-improvised explosive device training
and intelligence activities of the Joint Improvised Explosive
Device Defeat Organization and national and military
intelligence Organizations.
TITLE XVI--INDUSTRIAL BASE MATTERS
Subtitle A--Defense Industrial Base Matters
Sec. 1601. Disestablishment of Defense Materiel Readiness Board.
Sec. 1602. Assessment of effects of foreign boycotts.
Sec. 1603. National security strategy for national technology and
industrial base.
Subtitle B--Department of Defense Activities Related to Small Business
Matters
Sec. 1611. Role of the directors of small business programs in
acquisition processes of the Department of Defense.
Sec. 1612. Small Business Ombudsman for defense audit agencies.
Sec. 1613. Independent assessment of Federal procurement contracting
performance of the Department of Defense.
Sec. 1614. Additional responsibilities of Inspector General of the
Department of Defense.
Sec. 1615. Restoration of 1 percent funding for administrative expenses
of Commercialization Readiness Program of Department of
Defense.
Subtitle C--Matters Relating to Small Business Concerns
Part I--Procurement Center Representatives
Sec. 1621. Procurement center representatives.
Sec. 1622. Small Business Act contracting requirements training.
Sec. 1623. Acquisition planning.
Part II--Goals for Procurement Contracts Awarded to Small Business
Concerns
Sec. 1631. Goals for procurement contracts awarded to small business
concerns.
Sec. 1632. Reporting on goals for procurement contracts awarded to small
business concerns.
Sec. 1633. Senior executives.
Part III--Mentor-Protege Programs
Sec. 1641. Mentor-Protege programs.
Part IV--Transparency in Subcontracting
Sec. 1651. Limitations on subcontracting.
Sec. 1652. Penalties.
Sec. 1653. Subcontracting plans.
Sec. 1654. Notices of subcontracting opportunities.
Sec. 1655. Publication of certain documents.
Part V--Small Business Concern Size Standards
Sec. 1661. Small business concern size standards.
Part VI--Contract Bundling
Sec. 1671. Contract bundling.
[[Page 126 STAT. 1648]]
Part VII--Increased Penalties for Fraud
Sec. 1681. Safe harbor for good faith compliance efforts.
Sec. 1682. Requirement that fraudulent businesses be suspended or
debarred.
Sec. 1683. Annual report on suspensions and debarments proposed by Small
Business Administration.
Part VIII--Offices of Small and Disadvantaged Business Units
Sec. 1691. Offices of Small and Disadvantaged Business Utilization.
Sec. 1692. Small Business Procurement Advisory Council.
Part IX--Other Matters
Sec. 1695. Surety bonds.
Sec. 1696. Conforming Amendments; Repeal of redundant provisions;
Regulations.
Sec. 1697. Contracting with small business concerns owned and controlled
by women.
Sec. 1698. Small business HUBZones.
Sec. 1699. National Veterans Business Development Corporation.
Sec. 1699a. State Trade and Export Promotion Grant Program.
TITLE XVII--ENDING TRAFFICKING IN GOVERNMENT CONTRACTING
Sec. 1701. Definitions.
Sec. 1702. Contracting requirements.
Sec. 1703. Compliance plan and certification requirement.
Sec. 1704. Monitoring and investigation of trafficking in persons.
Sec. 1705. Notification to inspectors general and cooperation with
Government.
Sec. 1706. Expansion of penalties for fraud in foreign labor contracting
to include attempted fraud and work outside the United
States.
Sec. 1707. Improving Department of Defense accountability for reporting
trafficking in persons claims and violations.
Sec. 1708. Rules of construction; effective date.
TITLE XVIII--FEDERAL ASSISTANCE TO FIRE DEPARTMENTS
Subtitle A--Fire Grants Reauthorization
Sec. 1801. Short title.
Sec. 1802. Amendments to definitions.
Sec. 1803. Assistance to firefighters grants.
Sec. 1804. Staffing for adequate fire and emergency response.
Sec. 1805. Sense of Congress on value and funding of Assistance to
Firefighters and Staffing for Adequate Fire and Emergency
Response programs.
Sec. 1806. Report on amendments to Assistance to Firefighters and
Staffing for Adequate Fire and Emergency Response programs.
Sec. 1807. Studies and reports on the state of fire services.
Subtitle B--Reauthorization of United States Fire Administration
Sec. 1811. Short title.
Sec. 1812. Clarification of relationship between United States Fire
Administration and Federal Emergency Management Agency.
Sec. 1813. Modification of authority of Administrator to educate public
about fire and fire prevention.
Sec. 1814. Authorization of appropriations.
Sec. 1815. Removal of limitation.
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS
Sec. 2001. Short title.
Sec. 2002. Expiration of authorizations and amounts required to be
specified by law.
TITLE XXI--ARMY MILITARY CONSTRUCTION
Sec. 2101. Authorized Army construction and land acquisition projects.
Sec. 2102. Family housing.
Sec. 2103. Authorization of appropriations, Army.
Sec. 2104. Modification of authority to carry out certain fiscal year
2010 project.
Sec. 2105. Extension of authorizations of certain fiscal year 2009
projects.
Sec. 2106. Extension of authorizations of certain fiscal year 2010
projects.
Sec. 2107. Extension of limitation on obligation or expenditure of funds
for tour normalization.
Sec. 2108. Limitation on project authorization to carry out certain
fiscal year 2013 project.
TITLE XXII--NAVY MILITARY CONSTRUCTION
Sec. 2201. Authorized Navy construction and land acquisition projects.
[[Page 126 STAT. 1649]]
Sec. 2202. Family housing.
Sec. 2203. Improvements to military family housing units.
Sec. 2204. Authorization of appropriations, Navy.
Sec. 2205. Modification of authority to carry out certain fiscal year
2012 project.
Sec. 2206. Extension of authorizations of certain fiscal year 2009
projects.
Sec. 2207. Extension of authorizations of certain fiscal year 2010
projects.
TITLE XXIII--AIR FORCE MILITARY CONSTRUCTION
Sec. 2301. Authorized Air Force construction and land acquisition
projects.
Sec. 2302. Family housing.
Sec. 2303. Improvements to military family housing units.
Sec. 2304. Authorization of appropriations, Air Force.
Sec. 2305. Extension of authorizations of certain fiscal year 2010
projects.
TITLE XXIV--DEFENSE AGENCIES MILITARY CONSTRUCTION
Subtitle A--Defense Agency Authorizations
Sec. 2401. Authorized Defense Agencies construction and land acquisition
projects.
Sec. 2402. Authorized energy conservation projects.
Sec. 2403. Authorization of appropriations, Defense Agencies.
Sec. 2404. Modification of authority to carry out certain fiscal year
2012 projects.
Sec. 2405. Extension of authorization of certain fiscal year 2010
project.
Subtitle B--Chemical Demilitarization Authorizations
Sec. 2411. Authorization of appropriations, chemical demilitarization
construction, defense-wide.
Sec. 2412. Modification of authority to carry out certain fiscal year
1997 project.
TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT
PROGRAM
Sec. 2501. Authorized NATO construction and land acquisition projects.
Sec. 2502. Authorization of appropriations, NATO.
TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES
Subtitle A--Project Authorizations and Authorization of Appropriations
Sec. 2601. Authorized Army National Guard construction and land
acquisition projects.
Sec. 2602. Authorized Army Reserve construction and land acquisition
projects.
Sec. 2603. Authorized Navy Reserve and Marine Corps Reserve construction
and land acquisition projects.
Sec. 2604. Authorized Air National Guard construction and land
acquisition projects.
Sec. 2605. Authorized Air Force Reserve construction and land
acquisition project.
Sec. 2606. Authorization of appropriations, National Guard and Reserve.
Subtitle B--Other Matters
Sec. 2611. Modification of authority to carry out certain fiscal year
2010 projects.
Sec. 2612. Modification of authority to carry out certain fiscal year
2011 projects.
Sec. 2613. Extension of authorization of certain fiscal year 2009
project.
Sec. 2614. Extension of authorization of certain fiscal year 2010
projects.
TITLE XXVII--BASE REALIGNMENT AND CLOSURE ACTIVITIES
Subtitle A--Authorization of Appropriations
Sec. 2701. Authorization of appropriations for base realignment and
closure activities funded through Department of Defense Base
Closure Account 1990.
Sec. 2702. Authorization of appropriations for base realignment and
closure activities funded through Department of Defense Base
Closure Account 2005.
Subtitle B--Other Matters
Sec. 2711. Consolidation of Department of Defense base closure accounts
and authorized uses of base closure account funds.
Sec. 2712. Revised base closure and realignment restrictions and
Comptroller General assessment of Department of Defense
compliance with codified base closure and realignment
restrictions.
TITLE XXVIII--MILITARY CONSTRUCTION GENERAL PROVISIONS
Subtitle A--Military Construction Program and Military Family Housing
Changes
Sec. 2801. Authorized cost and scope variations.
[[Page 126 STAT. 1650]]
Sec. 2802. Preparation of master plans for major military installations.
Sec. 2803. Oversight and accountability for military housing
privatization projects and related annual reporting
requirements.
Sec. 2804. Extension of temporary, limited authority to use operation
and maintenance funds for construction projects in certain
areas outside the United States.
Sec. 2805. Comptroller General report on in-kind payments.
Subtitle B--Real Property and Facilities Administration
Sec. 2811. Clarification of parties with whom Department of Defense may
conduct exchanges of real property at certain military
installations.
Sec. 2812. Identification requirements for access to military
installations.
Sec. 2813. Report on property disposals at certain closed military
installations and additional authorities to assist local
communities in the vicinity of such installations.
Sec. 2814. Report on reorganization of Air Force Materiel Command
organizations.
Subtitle C--Energy Security
Sec. 2821. Congressional notification for contracts for the provision
and operation of energy production facilities authorized to
be located on real property under the jurisdiction of a
military department.
Sec. 2822. Availability and use of Department of Defense energy cost
savings to promote energy security.
Sec. 2823. Continuation of limitation on use of funds for Leadership in
Energy and Environmental Design (LEED) gold or platinum
certification.
Sec. 2824. Guidance on financing for renewable energy projects.
Sec. 2825. Energy savings performance contract report.
Subtitle D--Provisions Related to Asia-Pacific Military Realignment
Sec. 2831. Certification of military readiness need for a Live Fire
Training Range Complex on Guam as condition on establishment
of range complex.
Sec. 2832. Realignment of Marine Corps forces in Asia-Pacific region.
Subtitle E--Land Conveyances
Sec. 2841. Modification of authorized consideration, Broadway Complex of
the Department of the Navy, San Diego, California.
Sec. 2842. Use of proceeds, land conveyance, Tyndall Air Force Base,
Florida.
Sec. 2843. Land conveyance, John Kunkel Army Reserve Center, Warren,
Ohio.
Sec. 2844. Land conveyance, Castner Range, Fort Bliss, Texas.
Sec. 2845. Modification of land conveyance, Fort Hood, Texas.
Sec. 2846. Land conveyance, Local Training Area for Browning Army
Reserve Center, Utah.
Subtitle F--Other Matters
Sec. 2851. Modification of notice requirements in advance of permanent
reduction of sizable numbers of members of the Armed Forces
at military installations.
Sec. 2852. Acceptance of gifts and services to support military museum
programs and use of cooperative agreements with nonprofit
entities for military museum and military educational
institution programs.
Sec. 2853. Additional exemptions from certain requirements applicable to
funding for data servers and centers.
Sec. 2854. Redesignation of the Center for Hemispheric Defense Studies
as the William J. Perry Center for Hemispheric Defense
Studies.
Sec. 2855. Sense of Congress regarding establishment of military divers
memorial at Washington Navy Yard.
Sec. 2856. Limitation on availability of funds pending report regarding
acquisition of land and development of a training range
facility adjacent to the Marine Corps Air Ground Combat
Center Twentynine Palms, California.
Sec. 2857. Oversight and maintenance of closed base cemeteries overseas
containing the remains of members of the Armed Forces or
citizens of the United States.
Sec. 2858. Report on establishment of joint Armed Forces historical
storage and preservation facility.
Sec. 2859. Establishment of commemorative work to Gold Star Mothers.
Sec. 2860. Establishment of commemorative work to slaves and free Black
persons who served in American Revolution.
TITLE XXIX--OVERSEAS CONTINGENCY OPERATIONS MILITARY CONSTRUCTION
Sec. 2901. Authorized Navy construction and land acquisition project.
[[Page 126 STAT. 1651]]
DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND
OTHER AUTHORIZATIONS
TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Subtitle A--National Security Programs Authorizations
Sec. 3101. National Nuclear Security Administration.
Sec. 3102. Defense environmental cleanup.
Sec. 3103. Other defense activities.
Subtitle B--Program Authorizations, Restrictions, and Limitations
Sec. 3111. Authorized personnel levels of the Office of the
Administrator.
Sec. 3112. Budget justification materials.
Sec. 3113. National Nuclear Security Administration Council.
Sec. 3114. Replacement project for Chemistry and Metallurgy Research
Building, Los Alamos National Laboratory, New Mexico.
Sec. 3115. Design and use of prototypes of nuclear weapons.
Sec. 3116. Two-year extension of schedule for disposition of weapons-
usable plutonium at Savannah River Site, Aiken, South
Carolina.
Sec. 3117. Transparency in contractor performance evaluations by the
National Nuclear Security Administration leading to award
fees.
Sec. 3118. Modification and extension of authority on acceptance of
contributions for acceleration of removal or security of
fissile materials, radiological materials, and related
equipment at vulnerable sites worldwide.
Sec. 3119. Limitation on availability of funds for Center of Excellence
on Nuclear Security.
Sec. 3120. Improvement and streamlining of the missions and operations
of the Department of Energy and National Nuclear Security
Administration.
Sec. 3121. Cost-benefit analyses for competition of management and
operating contracts.
Sec. 3122. Program on scientific engagement for nonproliferation.
Sec. 3123. Cost containment for Uranium Capabilities Replacement
Project.
Subtitle C--Improvements to National Security Energy Laws
Sec. 3131. Improvements to the Atomic Energy Defense Act.
Sec. 3132. Improvements to the National Nuclear Security Administration
Act.
Sec. 3133. Consolidated reporting requirements relating to nuclear
stockpile stewardship, management, and infrastructure.
Sec. 3134. Repeal of certain reporting requirements.
Subtitle D--Reports
Sec. 3141. Reports on lifetime extension programs.
Sec. 3142. Notification of nuclear criticality and non-nuclear
incidents.
Sec. 3143. Quarterly reports to Congress on financial balances for
atomic energy defense activities.
Sec. 3144. National Academy of Sciences study on peer review and design
competition related to nuclear weapons.
Sec. 3145. Report on defense nuclear nonproliferation programs.
Sec. 3146. Study on reuse of plutonium pits.
Sec. 3147. Assessment of nuclear weapon pit production requirement.
Sec. 3148. Study on a multiagency governance model for national security
laboratories.
Sec. 3149. Report on efficiencies in facilities and functions of the
National Nuclear Security Administration.
Sec. 3150. Study on regional radiological security zones.
Sec. 3151. Report on abandoned uranium mines.
Subtitle E--Other Matters
Sec. 3161. Use of probabilistic risk assessment to ensure nuclear
safety.
Sec. 3162. Submittal to Congress of selected acquisition reports and
independent cost estimates on life extension programs and new
nuclear facilities.
Sec. 3163. Classification of certain restricted data.
Sec. 3164. Advice to President and Congress regarding safety, security,
and reliability of United States nuclear weapons stockpile
and nuclear forces.
Sec. 3165. Pilot program on technology commercialization.
Sec. 3166. Congressional advisory panel on the governance of the nuclear
security enterprise.
Subtitle F--American Medical Isotopes Production
Sec. 3171. Short title.
[[Page 126 STAT. 1652]]
Sec. 3172. Definitions.
Sec. 3173. Improving the reliability of domestic medical isotope supply.
Sec. 3174. Exports.
Sec. 3175. Report on disposition of exports.
Sec. 3176. Domestic medical isotope production.
Sec. 3177. Annual Department reports.
Sec. 3178. National Academy of Sciences report.
TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD
Sec. 3201. Authorization.
Sec. 3202. Improvements to the Defense Nuclear Facilities Safety Board.
TITLE XXXIV--NAVAL PETROLEUM RESERVES
Sec. 3401. Authorization of appropriations.
TITLE XXXV--MARITIME ADMINISTRATION
Sec. 3501. Authorization of appropriations for national security aspects
of the merchant marine for fiscal year 2013.
Sec. 3502. Application of the Federal Acquisition Regulation.
Sec. 3503. Limitation of National Defense Reserve Fleet vessels to those
over 1,500 gross tons.
Sec. 3504. Donation of excess fuel to maritime academies.
Sec. 3505. Clarification of heading.
Sec. 3506. Transfer of vessels to the National Defense Reserve Fleet.
Sec. 3507. Amendments relating to the National Defense Reserve Fleet.
Sec. 3508. Extension of Maritime Security Fleet program.
Sec. 3509. Container-on-barge transportation.
Sec. 3510. Short sea transportation.
Sec. 3511. Maritime environmental and technical assistance.
Sec. 3512. Identification of actions to enable qualified United States
flag capacity to meet national defense requirements.
Sec. 3513. Maritime workforce study.
Sec. 3514. Maritime administration vessel recycling contract award
practices.
Sec. 3515. Requirement for barge design.
Sec. 3516. Eligibility to receive surplus training equipment.
Sec. 3517. Coordination with other laws.
DIVISION D--FUNDING TABLES
Sec. 4001. Authorization of amounts in funding tables.
TITLE XLI--PROCUREMENT
Sec. 4101. Procurement.
Sec. 4102. Procurement for overseas contingency operations.
TITLE XLII--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Sec. 4201. Research, development, test, and evaluation.
Sec. 4202. Research, development, test, and evaluation for overseas
contingency operations.
TITLE XLIII--OPERATION AND MAINTENANCE
Sec. 4301. Operation and maintenance.
Sec. 4302. Operation and maintenance for overseas contingency
operations.
TITLE XLIV--MILITARY PERSONNEL
Sec. 4401. Military personnel.
Sec. 4402. Military personnel for overseas contingency operations.
TITLE XLV--OTHER AUTHORIZATIONS
Sec. 4501. Other authorizations.
Sec. 4502. Other authorizations for overseas contingency operations.
TITLE XLVI--MILITARY CONSTRUCTION
Sec. 4601. Military construction.
Sec. 4602. Military construction for overseas contingency operations.
TITLE XLVII--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Sec. 4701. Department of Energy National Security programs.
SEC. 3. <<NOTE: 10 USC 101 note.>> CONGRESSIONAL DEFENSE
COMMITTEES.
For purposes of this Act, the term ``congressional defense
committees'' has the meaning given that term in section 101(a)(16) of
title 10, United States Code.
[[Page 126 STAT. 1653]]
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I--PROCUREMENT
Subtitle A--Authorization of Appropriations
Sec. 101. Authorization of appropriations.
Subtitle B--Army Programs
Sec. 111. Multiyear procurement authority for Army CH-47 helicopters.
Sec. 112. Reports on airlift requirements of the Army.
Subtitle C--Navy Programs
Sec. 121. Extension of Ford class aircraft carrier construction
authority.
Sec. 122. Multiyear procurement authority for Virginia class submarine
program.
Sec. 123. Multiyear procurement authority for Arleigh Burke class
destroyers and associated systems.
Sec. 124. Limitation on availability of amounts for second Ford class
aircraft carrier.
Sec. 125. Refueling and complex overhaul of the U.S.S. Abraham Lincoln.
Sec. 126. Designation of mission modules of the Littoral Combat Ship as
a major defense acquisition program.
Sec. 127. Report on Littoral Combat Ship designs.
Sec. 128. Comptroller General review of Littoral Combat Ship program.
Sec. 129. Sense of Congress on importance of engineering in early stages
of shipbuilding.
Sec. 130. Sense of Congress on nuclear-powered ballistic submarines.
Sec. 131. Sense of Congress on Marine Corps amphibious lift and presence
requirements.
Sec. 132. Sense of the Senate on Department of the Navy fiscal year 2014
budget request for tactical aviation aircraft.
Subtitle D--Air Force Programs
Sec. 141. Reduction in number of aircraft required to be maintained in
strategic airlift aircraft inventory.
Sec. 142. Retirement of B-1 bomber aircraft.
Sec. 143. Avionics systems for C-130 aircraft.
Sec. 144. Treatment of certain programs for the F-22A Raptor aircraft as
major defense acquisition programs.
Subtitle E--Joint and Multiservice Matters
Sec. 151. Multiyear procurement authority for V-22 joint aircraft
program.
Sec. 152. Procurement of space-based infrared systems satellites.
Sec. 153. Limitation on availability of funds for evolved expendable
launch vehicle program.
Sec. 154. Limitation on availability of funds for retirement of RQ-4
Global Hawk unmanned aircraft systems.
Sec. 155. Requirement to set F-35 aircraft initial operational
capability dates.
Sec. 156. Shallow Water Combat Submersible program.
Sec. 157. Requirement that tactical manned intelligence, surveillance,
and reconnaissance aircraft and unmanned aerial vehicles use
specified standard data link.
Sec. 158. Study on small arms and small-caliber ammunition capabilities.
Subtitle A--Authorization of Appropriations
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal year 2013
for procurement for the Army, the Navy and the Marine Corps, the Air
Force, and Defense-wide activities, as specified in the funding table in
section 4101.
[[Page 126 STAT. 1654]]
Subtitle B--Army Programs
SEC. 111. MULTIYEAR PROCUREMENT AUTHORITY FOR ARMY CH-47
HELICOPTERS.
(a) Authority for Multiyear Procurement.--Subject to section 2306b
of title 10, United States Code, the Secretary of the Army may enter
into one or more multiyear contracts, beginning with the fiscal year
2013 program year, for the procurement of airframes for CH-47F
helicopters.
(b) Condition for Out-Year Contract Payments.--A contract entered
into under subsection (a) shall provide that any obligation of the
United States to make a payment under the contract for a fiscal year
after fiscal year 2013 is subject to the availability of appropriations
for that purpose for such later fiscal year.
SEC. 112. REPORTS ON AIRLIFT REQUIREMENTS OF THE ARMY.
(a) Reports.--
(1) Initial report.--Not later than March 31, 2013, the
Secretary of the Army shall submit to the congressional defense
committees a report described in paragraph (3).
(2) Annual reports.--Not later than October 31, 2013, and
each year thereafter through 2017, the Secretary shall submit to
the congressional defense committees a report described in
paragraph (3).
(3) Report described.--A report described in this paragraph
is a report on the time-sensitive or mission-critical airlift
requirements of the Army.
(b) Matters Included.--The reports submitted under subsection (a)
shall include, with respect to the fiscal year before the fiscal year in
which the report is submitted, the following information:
(1) The total number of time-sensitive or mission-critical
airlift movements required for training, steady-state, and
contingency operations.
(2) The total number of time-sensitive or mission-critical
airlift sorties executed for training, steady-state, and
contingency operations.
(3) Of the total number of sorties listed under paragraph
(2), the number of such sorties that were operated using each
of--
(A) aircraft of the Army;
(B) aircraft of the Air Force;
(C) aircraft of contractors; and
(D) aircraft of other organizations not described in
subparagraph (A), (B), or (C).
(4) For each sortie described under subparagraph (A), (C),
or (D) of paragraph (3), an explanation for why the Secretary
did not use aircraft of the Air Force to support the mission.
Subtitle C--Navy Programs
SEC. 121. EXTENSION OF FORD CLASS AIRCRAFT CARRIER CONSTRUCTION
AUTHORITY.
Section 121(a) of the John Warner National Defense Authorization Act
for Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2104),
[[Page 126 STAT. 1655]]
as amended by section 124 of the National Defense Authorization Act for
Fiscal Year 2012 (Public Law 112-81; 125 Stat. 1320), is amended by
striking ``four fiscal years'' and inserting ``five fiscal years''.
SEC. 122. MULTIYEAR PROCUREMENT AUTHORITY FOR VIRGINIA CLASS
SUBMARINE PROGRAM.
(a) Authority for Multiyear Procurement.--Subject to section 2306b
of title 10, United States Code, the Secretary of the Navy may enter
into one or more multiyear contracts, beginning with the fiscal year
2014 program year, for the procurement of Virginia class submarines and
Government-furnished equipment associated with the Virginia class
submarine program.
(b) Authority for Advance Procurement.--The Secretary may enter into
one or more contracts, beginning in fiscal year 2013, for advance
procurement associated with the vessels and equipment for which
authorization to enter into a multiyear procurement contract is provided
under subsection (a).
(c) Condition for Out-year Contract Payments.--A contract entered
into under subsection (a) shall provide that any obligation of the
United States to make a payment under the contract for a fiscal year
after fiscal year 2013 is subject to the availability of appropriations
or funds for that purpose for such later fiscal year.
(d) Limitation on Termination Liability.--A contract for the
construction of vessels or equipment entered into in accordance with
subsection (a) shall include a clause that limits the liability of the
United States to the contractor for any termination of the contract. The
maximum liability of the United States under the clause shall be the
amount appropriated for the vessels or equipment covered by the
contract. Additionally, in the event of cancellation, the maximum
liability of the United States shall include the amount of the unfunded
cancellation ceiling in the contract.
(e) Authority to Expand Multiyear Procurement.--The Secretary may
employ incremental funding for the procurement of Virginia class
submarines and Government-furnished equipment associated with the
Virginia class submarines to be procured during fiscal years 2013
through 2018 if the Secretary--
(1) <<NOTE: Determination.>> determines that such an
approach will permit the Navy to procure an additional Virginia
class submarine in fiscal year 2014; and
(2) intends to use the funding for that purpose.
SEC. 123. MULTIYEAR PROCUREMENT AUTHORITY FOR ARLEIGH BURKE CLASS
DESTROYERS AND ASSOCIATED SYSTEMS.
(a) Authority for Multiyear Procurement.--Subject to section 2306b
of title 10, United States Code, the Secretary of the Navy may enter
into one or more multiyear contracts, beginning with the fiscal year
2013 program year, for the procurement of up to 10 Arleigh Burke class
Flight IIA guided missile destroyers, as well as the Aegis weapon
systems, MK 41 vertical launching systems, and commercial broadband
satellite systems associated with such vessels.
(b) Authority for Advance Procurement.--The Secretary may enter into
one or more contracts, beginning in fiscal year 2013, for advance
procurement associated with the vessels and systems for which
authorization to enter into a multiyear procurement contract is provided
under subsection (a).
[[Page 126 STAT. 1656]]
(c) Condition for Out-Year Contract Payments.--A contract entered
into under subsection (a) shall provide that any obligation of the
United States to make a payment under the contract for a fiscal year
after fiscal year 2013 is subject to the availability of appropriations
or funds for that purpose for such later fiscal year.
SEC. 124. LIMITATION ON AVAILABILITY OF AMOUNTS FOR SECOND FORD
CLASS AIRCRAFT CARRIER.
(a) <<NOTE: Reports.>> Limitation.--Of the funds authorized to be
appropriated or otherwise made available for fiscal year 2013 for
shipbuilding and conversion for the second Ford class aircraft carrier,
not more than 50 percent may be obligated or expended until the
Secretary of the Navy submits to the congressional defense committees a
report setting forth a description of the program management and cost
control measures that will be employed in constructing the second Ford
class aircraft carrier.
(b) <<NOTE: Plans.>> Elements.--The report described in subsection
(a) shall include a plan with respect to the Ford class aircraft
carriers to--
(1) maximize planned work in shops and early stages of
construction;
(2) sequence construction of structural units to maximize
the effects of lessons learned;
(3) incorporate design changes to improve producibility for
the Ford class aircraft carriers;
(4) increase the size of erection units to eliminate
disruptive unit breaks and improve unit alignment and fairness;
(5) increase outfitting levels for assembled units before
erection in the dry dock;
(6) increase overall ship completion levels at each key
construction event;
(7) improve facilities in a manner that will lead to
improved productivity; and
(8) ensure the shipbuilder initiates plans that will improve
productivity through capital improvements that would provide
targeted return on investment, including--
(A) increasing the amount of temporary and permanent
covered work areas;
(B) adding ramps and service towers for improved
access to work sites and the dry dock; and
(C) increasing lift capacity to enable construction
of larger, more fully outfitted super-lifts.
SEC. 125. REFUELING AND COMPLEX OVERHAUL OF THE U.S.S. ABRAHAM
LINCOLN.
(a) Amount Authorized From SCN Account.--Of the funds authorized to
be appropriated for fiscal year 2013 by section 101 and available for
shipbuilding and conversion as specified in the funding table in section
4101, $1,517,292,000 is authorized to be available for the commencement
of the nuclear refueling and complex overhaul of the U.S.S. Abraham
Lincoln (CVN-72) during fiscal year 2013. The amount authorized to be
made available in the preceding sentence is the first increment in the
two-year sequence of incremental funding planned for the nuclear
refueling and complex overhaul of that vessel.
[[Page 126 STAT. 1657]]
(b) Contract Authority.--The Secretary of the Navy may enter into a
contract during fiscal year 2013 for the nuclear refueling and complex
overhaul of the U.S.S. Abraham Lincoln.
(c) Condition for Out-Year Contract Payments.--A contract entered
into under subsection (b) shall provide that any obligation of the
United States to make a payment under the contract for a fiscal year
after fiscal year 2013 is subject to the availability of appropriations
for that purpose for that later fiscal year.
SEC. 126. DESIGNATION OF MISSION MODULES OF THE LITTORAL COMBAT
SHIP AS A MAJOR DEFENSE ACQUISITION
PROGRAM.
(a) Designation Required.--The Secretary of Defense shall--
(1) designate the effort to develop and produce all variants
of the mission modules in support of the Littoral Combat Ship
program as a major defense acquisition program under section
2430 of title 10, United States Code; and
(2) with respect to the development and production of each
such variant, submit to the congressional defense committees a
report setting forth such cost, schedule, and performance
information as would be provided if such effort were a major
defense acquisition program, including Selected Acquisition
Reports, unit cost reports, and program baselines.
(b) Additional Quarterly Reports.--The Secretary shall submit to the
congressional defense committees on a quarterly basis a report on the
development and production of each variant of the mission modules in
support of the Littoral Combat Ship, including cost, schedule, and
performance, and identifying actual and potential problems with such
development or production and potential mitigation plans to address such
problems.
SEC. 127. REPORT ON LITTORAL COMBAT SHIP DESIGNS.
Not later than December 31, 2013, the Secretary of the Navy shall
submit to the congressional defense committees a report on the designs
of the Littoral Combat Ship, including comparative cost and performance
information for both designs of such ship.
SEC. 128. COMPTROLLER GENERAL REVIEW OF LITTORAL COMBAT SHIP
PROGRAM.
(a) Acceptance of LCS-1 and LCS-2.--The Comptroller General of the
United States shall conduct a review of the compliance of the Secretary
of the Navy with subpart 246.5 of title 48 of the Code of Federal
Regulations and subpart 46.5 of the Federal Acquisition Regulation in
accepting the LCS-1 and LCS-2 Littoral Combat Ships.
(b) <<NOTE: Deadline. Reports.>> Operational Support.--Not later
than 180 days after the date of the enactment of this Act, the
Comptroller General shall submit to the congressional defense committees
a report on the operational support and sustainment strategy for the
Littoral Combat Ship program, including manning, training, maintenance,
and logistics support.
(c) Cooperation.--For purposes of conducting the review under
subsection (a) and the report under subsection (b), the Secretary of
Defense shall ensure that the Comptroller General has access to--
(1) all relevant records of the Department; and
(2) all relevant communications between Department
officials, whether such communications occurred inside or
outside the Federal Government.
[[Page 126 STAT. 1658]]
SEC. 129. SENSE OF CONGRESS ON IMPORTANCE OF ENGINEERING IN EARLY
STAGES OF SHIPBUILDING.
It is the sense of Congress that--
(1) placing a priority on engineering dollars in the early
stages of shipbuilding programs is a vital component of keeping
cost down; and
(2) therefore, the Secretary of the Navy should take
appropriate steps to prioritize early engineering in large ship
construction including amphibious class ships beginning with the
LHA-8.
SEC. 130. SENSE OF CONGRESS ON NUCLEAR-POWERED BALLISTIC
SUBMARINES.
It is the sense of Congress that--
(1) the continuous at-sea deterrence provided by a robust
and modern fleet of nuclear-powered ballistic missile submarines
is critical to maintaining nuclear deterrence and assurance and
therefore is a central pillar of the national security of the
United States;
(2) the Navy should--
(A) carry out a program to replace the Ohio class
ballistic missile submarines;
(B) ensure that the first such replacement submarine
is delivered and fully operational by not later than
2031 in order to maintain continuous at-sea deterrence;
and
(C) develop a risk mitigation plan to ensure that
robust continuous at-sea deterrence is provided during
the transition from Ohio class ballistic missile
submarines to the replacement submarines; and
(3) a minimum of 12 replacement ballistic missile submarines
are necessary to provide continuous at-sea deterrence over the
lifetime of such submarines and, therefore, the Navy should
carry out a program to produce 12 such submarines.
SEC. 131. SENSE OF CONGRESS ON MARINE CORPS AMPHIBIOUS LIFT AND
PRESENCE REQUIREMENTS.
(a) Findings.--Congress finds the following:
(1) The Marine Corps is a combat force that leverages
maneuver from the sea as a force multiplier allowing for a
variety of operational tasks ranging from major combat
operations to humanitarian assistance.
(2) The Marine Corps is unique in that, while embarked upon
naval vessels, they bring all the logistic support necessary for
the full range of military operations and, operating ``from the
sea'', they require no third-party host nation permission to
conduct military operations.
(3) The Navy has a requirement for 38 amphibious assault
ships to meet this full range of military operations.
(4) Due only to fiscal constraints, that requirement of 38
vessels was reduced to 33 vessels, which adds military risk to
future operations.
(5) The Navy has been unable to meet even the minimal
requirement of 30 operationally available vessels and has
submitted a shipbuilding and ship retirement plan to Congress
that will reduce the force to 28 vessels.
[[Page 126 STAT. 1659]]
(6) Experience has shown that early engineering and design
of naval vessels has significantly reduced the acquisition costs
and life-cycle costs of those vessels.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the Department of Defense should carefully evaluate the
maritime force structure necessary to execute demand for forces
by the commanders of the combatant commands;
(2) the Navy should carefully evaluate amphibious lift
capabilities to meet current and projected requirements;
(3) the Navy should consider prioritization of investment in
and procurement of the next generation of amphibious assault
ships as a component of the balanced battle force;
(4) the next generation amphibious assault ships should
maintain survivability protection;
(5) operation and maintenance requirements analysis, as well
as the potential to leverage a common hull form design, should
be considered to reduce total ownership cost and acquisition
cost; and
(6) maintaining a robust amphibious ship building industrial
base is vital for the future of the national security of the
United States.
SEC. 132. SENSE OF THE SENATE ON DEPARTMENT OF THE NAVY FISCAL
YEAR 2014 BUDGET REQUEST FOR TACTICAL
AVIATION AIRCRAFT.
It is the sense of the Senate that, if the budget request of the
Department of the Navy for fiscal year 2014 for F-18 aircraft includes a
request for funds for more than 13 new F-18 aircraft, the budget request
of the Department of the Navy for fiscal year 2014 for F-35 aircraft
should include a request for funds for not fewer than six F-35B aircraft
and four F-35C aircraft, presuming that development, testing, and
production of the F-35 aircraft are proceeding according to current
plans.
Subtitle D--Air Force Programs
SEC. 141. REDUCTION IN NUMBER OF AIRCRAFT REQUIRED TO BE
MAINTAINED IN STRATEGIC AIRLIFT AIRCRAFT
INVENTORY.
(a) Reduction in Inventory Requirement.--Section 8062(g)(1) of title
10, United States Code, is amended by adding at the end the following
new sentence: <<NOTE: Effective date.>> ``Effective on the date that is
45 days after the date on which the report under section 141(c)(3) of
the National Defense Authorization Act for Fiscal Year 2013 is submitted
to the congressional defense committees, the Secretary shall maintain a
total aircraft inventory of strategic airlift aircraft of not less than
275 aircraft.''.
(b) Modification of Certification Requirement.--Section 137(d)(3)(B)
of the National Defense Authorization Act for Fiscal Year 2010 (Public
Law 111-84; 123 Stat. 2221) is amended by striking ``316 strategic
airlift aircraft'' and inserting ``275 strategic airlift aircraft''.
(c) Mobility Requirements and Capabilities Study 2018.--
(1) In general.--The Director of Cost Assessment and Program
Evaluation and the Chairman of the Joint Chiefs of Staff, in
coordination with the Commander of the United
[[Page 126 STAT. 1660]]
States Transportation Command and the Secretaries of the
military departments, shall jointly conduct a study that
assesses the end-to-end, full-spectrum mobility requirements for
all aspects of the National Military Strategy derived from the
National Defense Strategy that is a result of the 2012 Defense
Strategic Guidance published by the President in February 2012
and other planning documents of the Department of Defense.
(2) Matters included.--The study under paragraph (1) shall
include the following:
(A) A definition of what combinations of air
mobility, sealift, surface movements, prepositioning,
forward stationing, seabasing, engineering, and
infrastructure requirements and capabilities provide
low, moderate, significant and high levels of
operational risk to meet the National Military Strategy.
(B) A description and analysis of the assumptions
made by the Commander of the United States
Transportation Command with respect to aircraft usage
rates, aircraft mission availability rates, aircraft
mission capability rates, aircrew ratios, aircrew
production, and aircrew readiness rates.
(C) An analysis of different combinations of air
mobility, sealift, surface movements, prepositioning,
forward stationing, seabasing, engineering, and
infrastructure requirements and capabilities required to
support theater and tactical deployment and
distribution, including--
(i) the identification, quantification, and
description of the associated operational risk (as
defined by the Military Risk Matrix in the
Chairman of the Joint Chiefs of Staff Instruction
3401.01E) for each excursion as it relates to the
combatant commander achieving strategic and
operational objectives; and
(ii) any assumptions made with respect to the
availability of commercial airlift and sealift
capabilities and resources when applicable.
(D) A consideration of metrics developed during the
most recent operational availability assessment and
joint forcible entry operations assessment.
(E) An assessment of requirements and capabilities
for major combat operations, lesser contingency
operations as specified in the Baseline Security Posture
of the Department of Defense, homeland defense, defense
support to civilian authorities, other strategic
missions related to national missions, global strike,
the strategic nuclear mission, and direct support and
time-sensitive airlift missions of the military
departments.
(F) An examination, including a discussion of the
sensitivity of any related conclusions and assumptions,
of the variations regarding alternative modes (land,
air, and sea) and sources (military, civilian, and
foreign) of strategic and theater lift, and variations
in forward basing, seabasing, prepositioning (afloat and
ashore), air-refueling capability, advanced logistics
concepts, and destination theater austerity, based on
the new global footprint and global presence
initiatives.
[[Page 126 STAT. 1661]]
(G) An identification of mobility capability gaps,
shortfalls, overlaps, or excesses, including--
(i) an assessment of associated risks with
respect to the ability to conduct operations; and
(ii) recommended mitigation strategies where
possible.
(H) An identification of mobility capability
alternatives that mitigate the potential impacts on the
logistic system, including--
(i) a consideration of traditional, non-
traditional, irregular, catastrophic, and
disruptive challenges; and
(ii) a description of how derived mobility
requirements and capabilities support the accepted
balance of risk in addressing all five categories
of such challenges.
(I) The articulation of all key assumptions made in
conducting the study with respect to--
(i) risk;
(ii) programmed forces and infrastructure;
(iii) readiness, manning, and spares;
(iv) scenario guidance from defense planning
scenarios and multi-service force deployments;
(v) concurrency of major operations;
(vi) integrated global presence and basing
strategy;
(vii) host nation or third-country support;
(viii) use of weapons of mass destruction by
an enemy; and
(ix) aircraft being used for training or
undergoing depot maintenance or modernization.
(J) A description of the logistics concept of
operations and assumptions, including any support
concepts, methods, combat support forces, and combat
service support forces that are required to enable the
projection and enduring support to forces both deployed
and in combat for each analytic scenario.
(K) An assessment, and incorporation as necessary,
of the findings, conclusions, capability gaps, and
shortfalls derived from the study under section 112(d)
of the National Defense Authorization Act for Fiscal
Year 2012 (Public Law 112-81; 125 Stat. 1318).
(3) <<NOTE: Reports.>> Submission.--The Director of Cost
Assessment and Program Evaluation and the Chairman of the Joint
Chiefs of Staff shall jointly submit to the congressional
defense committees a report containing the study under paragraph
(1).
(4) Form.--The report required by paragraph (3) shall be
submitted in unclassified form, but may include a classified
annex.
(d) Preservation of Certain Retired C-5 Aircraft.--The Secretary of
the Air Force shall preserve each C-5 aircraft that is retired by the
Secretary during a period in which the total inventory of strategic
airlift aircraft of the Secretary is less than 301, such that the
retired aircraft--
(1) is stored in flyable condition;
(2) can be returned to service; and
(3) is not used to supply parts to other aircraft unless
specifically authorized by the Secretary of Defense upon a
request by the Secretary of the Air Force.
[[Page 126 STAT. 1662]]
(e) Definitions.--In this section:
(1) The term ``mobility'' means the--
(A) deployment, sustainment, and redeployment of the
personnel and equipment needed to execute the National
Defense Strategy to air and seaports of embarkation,
intertheater deployment to air and seaports of
debarkation, and intratheater deployment to tactical
assembly areas; and
(B) the employment of aerial refueling assets and
intratheater movement and infrastructure in support of
deployment and sustainment of combat forces.
(2) The term ``National Military Strategy'' means the
National Military Strategy prescribed by the Chairman of the
Joint Chiefs of Staff under section 153 of title 10, United
States Code.
SEC. 142. RETIREMENT OF B-1 BOMBER AIRCRAFT.
(a) In General.--Section 8062 of title 10, United States Code, is
amended by adding at the end the following new subsection:
``(h)(1) <<NOTE: Effective date.>> Beginning October 1, 2011, the
Secretary of the Air Force may not retire more than six B-1 aircraft.
``(2) The Secretary shall maintain in a common capability
configuration not less than 36 B-1 aircraft as combat-coded aircraft.
``(3) <<NOTE: Definition.>> In this subsection, the term `combat-
coded aircraft' means aircraft assigned to meet the primary aircraft
authorization to a unit for the performance of its wartime mission.''.
(b) Conforming Amendment.--Section 132 of the National Defense
Authorization Act for Fiscal Year 2012 (Public Law 112-81; 125 Stat.
1320) is amended by striking subsection (c).
SEC. 143. AVIONICS SYSTEMS FOR C-130 AIRCRAFT.
(a) Limitations.--
(1) <<NOTE: Time period.>> Avionics modernization
program.--The Secretary of the Air Force may not take any action
to cancel or modify the avionics modernization program for C-130
aircraft until a period of 90 days has elapsed after the date on
which the Secretary submits to the congressional defense
committees the cost-benefit analysis conducted under subsection
(b)(1).
(2) CNS/ATM program.--
(A) In general.--The Secretary may not take any
action described in subparagraph (B) until a period of
90 days has elapsed after the date on which the
Secretary submits to the congressional defense
committees the cost-benefit analysis conducted under
subsection (b)(1).
(B) Covered actions.--An action described in this
subparagraph is an action to begin an alternative
communication, navigation, surveillance, and air traffic
management program for C-130 aircraft that is designed
or intended--
(i) to meet international communication,
navigation, surveillance, and air traffic
management standards for the fleet of C-130
aircraft; or
(ii) to replace the current avionics
modernization program for the C-130 aircraft.
(b) Cost-Benefit Analysis.--
(1) <<NOTE: Contracts.>> FFRDC.--The Secretary shall seek
to enter into an agreement with the Institute for Defense
Analyses to conduct
[[Page 126 STAT. 1663]]
an independent cost-benefit analysis that compares the following
alternatives:
(A) Upgrading and modernizing the legacy C-130
airlift fleet using the C-130 avionics modernization
program.
(B) Upgrading and modernizing the legacy C-130
airlift fleet using a reduced scope program for avionics
and mission planning systems.
(2) Matters included.--The cost-benefit analysis conducted
under paragraph (1) shall take into account--
(A) the effect of life-cycle costs for--
(i) adopting each of the alternatives
described in subparagraphs (A) and (B) of
paragraph (1); and
(ii) supporting C-130 aircraft that are not
upgraded or modernized; and
(B) the costs associated with the potential upgrades
to avionics and mission systems that may be required for
legacy C-130 aircraft to remain relevant and mission
effective in the future.
SEC. 144. TREATMENT OF CERTAIN PROGRAMS FOR THE F-22A RAPTOR
AIRCRAFT AS MAJOR DEFENSE ACQUISITION
PROGRAMS.
(a) <<NOTE: Reports.>> In General.--The Secretary of Defense shall
treat the programs referred to in subsection (b) for the F-22A Raptor
aircraft as a major defense acquisition program for which Selected
Acquisition Reports shall be submitted to Congress in accordance with
the requirements of section 2432 of title 10, United States Code.
(b) Covered Programs.--The programs referred to in this subsection
for the F-22A Raptor aircraft are the modernization Increment 3.2B and
any future F-22A Raptor aircraft modernization program that would
otherwise, if a standalone program, qualify for treatment as a major
defense acquisition program for purposes of chapter 144 of title 10,
United States Code.
(c) Other Reports.--Not later than March 1 of each year, the
Secretary of the Air Force shall submit to the congressional defense
committees a report on the costs, schedules, and performances of the
reliability and maintainability maturation program and the structural
repair program of the F-22A Raptor modernization program, including a
comparison of such costs, schedules, and performances to an appropriate
baseline.
Subtitle E--Joint and Multiservice Matters
SEC. 151. MULTIYEAR PROCUREMENT AUTHORITY FOR V-22 JOINT AIRCRAFT
PROGRAM.
(a) Authority for Multiyear Procurement.--Subject to section 2306b
of title 10, United States Code, the Secretary of the Navy may enter
into one or more multiyear contracts, beginning with the fiscal year
2013 program year, for the procurement of V-22 aircraft for the
Department of the Navy, the Department of the Air Force, and the United
States Special Operations Command.
(b) Condition for Out-Year Contract Payments.--A contract entered
into under subsection (a) shall provide that any obligation of the
United States to make a payment under the contract for a fiscal year
after fiscal year 2013 is subject to the availability of appropriations
for that purpose for such later fiscal year.
[[Page 126 STAT. 1664]]
SEC. 152. PROCUREMENT OF SPACE-BASED INFRARED SYSTEMS SATELLITES.
(a) Contract Authority.--
(1) In general.--The Secretary of the Air Force may procure
two space-based infrared systems satellites by entering into a
fixed-price contract. Such procurement may also include--
(A) material and equipment in economic order
quantities when cost savings are achievable; and
(B) cost-reduction initiatives.
(2) Use of incremental funding.--With respect to a contract
entered into under paragraph (1) for the procurement of space-
based infrared systems satellites, the Secretary may use
incremental funding for a period not to exceed six fiscal years.
(3) Liability.--A contract entered into under paragraph (1)
shall provide that any obligation of the United States to make a
payment under the contract is subject to the availability of
appropriations for that purpose, and that the total liability to
the Government for termination of any contract entered into
shall be limited to the total amount of funding obligated at the
time of termination.
(b) Limitation of Costs.--
(1) Limitation.--Except as provided by subsection (c), and
excluding amounts described in paragraph (2), the total amount
obligated or expended for the procurement of two space-based
infrared systems satellites authorized by subsection (a) may not
exceed $3,900,000,000.
(2) Exclusion.--The amounts described in this paragraph are
amounts associated with the following:
(A) Plans.
(B) Technical data packages.
(C) Post delivery and program support costs.
(D) Technical support for obsolescence studies.
(c) Waiver and Adjustment to Limitation Amount.--
(1) <<NOTE: Notification.>> Waiver.--In accordance with
paragraph (2), the Secretary may waive the limitation in
subsection (b)(1) if the Secretary submits to the congressional
defense committees and the Permanent Select Committee on
Intelligence of the House of Representatives written
notification of the adjustment made to the amount set forth in
such subsection.
(2) Adjustment.--Upon waiving the limitation under paragraph
(1), the Secretary may adjust the amount set forth in subsection
(b)(1) by the following:
(A) The amounts of increases or decreases in costs
attributable to economic inflation after September 30,
2012.
(B) The amounts of increases or decreases in costs
attributable to compliance with changes in Federal,
State, or local laws enacted after September 30, 2012.
(C) <<NOTE: Determination. Certification.>> The
amounts of increases or decreases in costs of the
satellites that are attributable to insertion of new
technology into a space-based infrared system, as
compared to the technology built into such a system
procured prior to fiscal year 2013, if the Secretary
determines, and certifies to the congressional defense
committees, that insertion of the new technology is--
[[Page 126 STAT. 1665]]
(i) expected to decrease the life-cycle cost
of the system; or
(ii) required to meet an emerging threat that
poses grave harm to national security.
(d) Report.--Not later than 30 days after the date on which the
Secretary awards a contract under subsection (a), the Secretary shall
submit to the congressional defense committees and the Permanent Select
Committee on Intelligence of the House of Representatives a report on
such contract, including the following:
(1) The total cost savings resulting from the authority
provided by subsection (a).
(2) The type and duration of the contract awarded.
(3) The total contract value.
(4) The funding profile by year.
(5) The terms of the contract regarding the treatment of
changes by the Federal Government to the requirements of the
contract, including how any such changes may affect the success
of the contract.
(6) A plan for using cost savings described in paragraph (1)
to improve the capability of overhead persistent infrared,
including a description of--
(A) the available funds, by year, resulting from
such cost savings;
(B) the specific activities or subprograms to be
funded by such cost savings and the funds, by year,
allocated to each such activity or subprogram;
(C) the objectives for each such activity or
subprogram and the criteria used by the Secretary to
determine which such activity or subprogram to fund;
(D) the method in which such activities or
subprograms will be awarded, including whether it will
be on a competitive basis; and
(E) the process for determining how and when such
activities and subprograms would transition to an
existing program or be established as a new program of
record.
(e) Use of Funds Available for Space Vehicle Numbers 5 and 6.--The
Secretary may obligate and expend amounts authorized to be appropriated
for fiscal year 2013 by section 101 for procurement, Air Force, as
specified in the funding table in section 4101 and available for the
advanced procurement of long-lead parts and the replacement of obsolete
parts for space-based infrared system satellite space vehicle numbers 5
and 6.
(f) <<NOTE: Determination.>> Sense of Congress.--It is the sense of
Congress that the Secretary should not enter into a fixed-price contract
under subsection (a) for the procurement of two space-based infrared
system satellites unless the Secretary determines that entering into
such a contract will save the Air Force substantial savings, as required
under section 2306b of title 10, United States Code, over the cost of
procuring two such satellites separately.
SEC. 153. LIMITATION ON AVAILABILITY OF FUNDS FOR EVOLVED
EXPENDABLE LAUNCH VEHICLE PROGRAM.
(a) Limitation.--Of the funds authorized to be appropriated by this
Act or otherwise made available for fiscal year 2013 for the Air Force
for the evolved expendable launch vehicle program, 10 percent may not be
obligated or expended until the date on
[[Page 126 STAT. 1666]]
which the Secretary of the Air Force submits to the appropriate
congressional committees--
(1) <<NOTE: Reports.>> a report describing the acquisition
strategy for such program; and
(2) <<NOTE: Certification.>> written certification that
such strategy--
(A) maintains assured access to space;
(B) achieves substantial cost savings; and
(C) provides opportunities for competition.
(b) Matters Included.--The report under subsection (a)(1) shall
include the following information:
(1) The anticipated savings to be realized under the
acquisition strategy for the evolved expendable launch vehicle
program.
(2) The number of launch vehicle booster cores covered by
the planned contract for such program.
(3) The number of years covered by such contract.
(4) An assessment of when new entrants that have submitted a
statement of intent will be certified to compete for evolved
expendable launch vehicle-class launches.
(5) The projected launch manifest, including possible
opportunities for certified new entrants to compete for evolved
expendable launch vehicle-class launches.
(6) Any other relevant analysis used to inform the
acquisition strategy for such program.
(c) Comptroller General.--
(1) Review.--The Comptroller General of the United States
shall review the report under subsection (a)(1).
(2) <<NOTE: Deadline.>> Submittal.--Not later than 30 days
after the date on which the report under subsection (a)(1) is
submitted to the appropriate congressional committees, the
Comptroller General shall--
(A) <<NOTE: Reports.>> submit to such committees a
report on the review under paragraph (1); or
(B) <<NOTE: Briefing.>> provide to such committees
a briefing on such review.
(d) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means the following:
(1) The congressional defense committees.
(2) The Permanent Select Committee on Intelligence of the
House of Representatives and the Select Committee on
Intelligence of the Senate.
SEC. 154. LIMITATION ON AVAILABILITY OF FUNDS FOR RETIREMENT OF
RQ-4 GLOBAL HAWK UNMANNED AIRCRAFT
SYSTEMS.
(a) Limitation.--None of the funds authorized to be appropriated by
this Act or otherwise made available for fiscal year 2013 for the
Department of Defense may be obligated or expended to retire, prepare to
retire, or place in storage an RQ-4 Block 30 Global Hawk unmanned
aircraft system.
(b) Maintained Levels.--During the period preceding December 31,
2014, in supporting the operational requirements of the combatant
commands, the Secretary of the Air Force shall maintain the operational
capability of each RQ-4 Block 30 Global Hawk unmanned aircraft system
belonging to the Air Force or delivered to the Air Force during such
period.
[[Page 126 STAT. 1667]]
SEC. 155. <<NOTE: Deadline. Reports.>> REQUIREMENT TO SET F-35
AIRCRAFT INITIAL OPERATIONAL CAPABILITY
DATES.
(a) F-35A.--Not later than June 1, 2013, the Secretary of the Air
Force shall--
(1) establish the initial operational capability date for
the F-35A aircraft; and
(2) submit to the congressional defense committees a report
on the details of such initial operational capability.
(b) F-35B and F-35C.--Not later than June 1, 2013, the Secretary of
the Navy shall--
(1) establish the initial operational capability dates for
the F-35B and F-35C aircraft; and
(2) submit to the congressional defense committees a report
on the details of such initial operational capabilities for both
variants.
SEC. 156. SHALLOW WATER COMBAT SUBMERSIBLE PROGRAM.
(a) Initial Report.--Not later than 90 days after the date of the
enactment of this Act, the Assistant Secretary of Defense for Special
Operations and Low-Intensity Conflict, in coordination with the
Commander of the United States Special Operations Command, shall submit
to the congressional defense committees a report setting forth the
following:
(1) A description of all efforts under the Shallow Water
Combat Submersible program and the United States Special
Operations Command to improve the accuracy of the tracking of
the schedule and costs of the program.
(2) The revised timeline for the initial and full
operational capability of the Shallow Water Combat Submersible,
including details outlining and justifying the revised baseline
to the program.
(3) Current cost estimates to meet the basis of issue
requirement under the program.
(4) An assessment of existing program risk through the
completion of operational testing.
(b) Subsequent Reports.--
(1) Quarterly reports required.--The Assistant Secretary, in
coordination with the Commander of the United States Special
Operations Command, shall submit to the congressional defense
committees on a quarterly basis updates on the schedule and cost
performance of the contractor of the Shallow Water Combat
Submersible program, including metrics from the earned value
management system.
(2) Sunset.--The requirement in paragraph (1) shall cease on
the date the Shallow Water Combat Submersible has completed
operational testing and has been found to be operationally
effective and operationally suitable.
SEC. 157. REQUIREMENT THAT TACTICAL MANNED INTELLIGENCE,
SURVEILLANCE, AND RECONNAISSANCE AIRCRAFT
AND UNMANNED AERIAL VEHICLES USE SPECIFIED
STANDARD DATA LINK.
(a) Requirement.--The Secretary of Defense shall take such steps as
necessary to ensure that (except as specified in subsection (c)) all
covered aircraft of the Army, Navy, Marine Corps, and Air Force are
equipped and configured so that--
[[Page 126 STAT. 1668]]
(1) the data link used by those vehicles is the Department
of Defense standard tactical manned intelligence, surveillance,
and reconnaissance aircraft and unmanned aerial vehicle data
link known as the Common Data Link or a data link that uses
waveform capable of transmitting and receiving Internet Protocol
communications; and
(2) with respect to unmanned aerial vehicles, such vehicles
use data formats consistent with the architectural standard
known as STANAG 4586 that was developed to facilitate
multinational interoperability among NATO member nations.
(b) Solicitations.--The Secretary of Defense shall ensure that any
solicitation issued for a Common Data Link described in subsection (a),
regardless of whether the solicitation is issued by a military
department or a contractor with respect to a subcontract--
(1) conforms to a Department of Defense specification
standard, including interfaces and waveforms, existing as of the
date of the solicitation; and
(2) does not include any proprietary or undocumented
waveforms or control interfaces or data interfaces as a
requirement or criterion for evaluation.
(c) <<NOTE: Determination. Certification.>> Waiver.--The Under
Secretary of Defense for Acquisition, Technology, and Logistics may
waive the applicability of this section to any covered aircraft if the
Under Secretary determines, and certifies to the congressional defense
committees, that--
(1) it would be technologically infeasible or economically
unacceptable to apply this section to such aircraft; or
(2) such aircraft is under a special access program that is
not considered a major defense acquisition program.
(d) Covered Aircraft Defined.--In this section, the term ``covered
aircraft'' means--
(1) tactical manned intelligence, surveillance, and
reconnaissance aircraft; and
(2) unmanned aerial vehicles.
(e) Conforming Repeal.--Section 141 of the National Defense
Authorization Act for Fiscal Year 2006 (Public Law 109-163; 119 Stat.
3163) is repealed.
SEC. 158. STUDY ON SMALL ARMS AND SMALL-CALIBER AMMUNITION
CAPABILITIES.
(a) Study.--
(1) <<NOTE: Deadline.>> In general.--Not later than 30 days
after the date of the enactment of this Act, the Secretary of
Defense shall enter into a contract with a federally funded
research and development center to conduct a study on the
requirements analysis and determination processes and
capabilities of the Department of Defense with respect to small
arms and small-caliber ammunition that carries out each of the
following:
(A) A comparative evaluation of the current military
small arms in use by the Armed Forces, including general
purpose and special operations forces, and select
military equivalent commercial candidates not
necessarily in use militarily but currently available.
(B) A comparative evaluation of the standard small-
caliber ammunition of the Department with other small-
caliber ammunition alternatives.
[[Page 126 STAT. 1669]]
(C) An assessment of the current plans of the
Department to modernize the small arms and small-caliber
ammunition capabilities of the Department.
(D) An assessment of the requirements analysis and
determination processes of the Department for small arms
and small-caliber ammunition.
(2) Factors to consider.--The study required under paragraph
(1) shall take into consideration the following factors:
(A) Current and future operating environments, as
specified or referred to in strategic guidance and
planning documents of the Department.
(B) Capability gaps identified in small arms and
small-caliber ammunition capabilities based assessments
of the Department.
(C) Actions taken by the Secretary to address
capability gaps identified in any such capabilities
based assessments.
(D) Findings from studies of the Department of
Defense Small Arms and Small-Caliber Ammunition defense
support team and actions taken by the Secretary in
response to such findings.
(E) Findings from the assessment required by section
143 of the Duncan Hunter National Defense Authorization
Act for Fiscal Year 2009 (Public Law 110-417; 10 U.S.C.
2304 note) and actions taken by the Secretary in
response to such findings.
(F) Modifications and improvements recently applied
to small arms and small-caliber ammunition of the Armed
Forces, including general purpose and special operations
forces, as well as the potential for continued
modification and improvement.
(G) Impacts to the small arms production industrial
base and small-caliber ammunition industrial base, if
any, associated with changes from current U.S. or NATO
standard caliber weapons or ammunition sizes.
(H) Total life cycle costs of each small arms system
and small-caliber ammunition, including incremental
increases in cost for industrial facilitization or small
arms and ammunition procurement, if any, associated with
changes described in subparagraph (G).
(I) Any other factor the federally funded research
and development center considers appropriate.
(3) Access to information.--The Secretary shall ensure that
the federally funded research and development center conducting
the study under paragraph (1) has access to all necessary data,
records, analyses, personnel, and other resources necessary to
complete the study.
(b) Report.--
(1) In general.--Not later than September 30, 2013, the
Secretary shall submit to the congressional defense committees a
report containing the results of the study conducted under
subsection (a)(1), together with the comments of the Secretary
on the findings contained in the study.
(2) Classified annex.--The report shall be in unclassified
form, but may contain a classified annex.
(c) Small Arms Defined.--In this section, the term ``small arms''
means weapons assigned to and operated by an individual
[[Page 126 STAT. 1670]]
member of the Armed Forces, including handguns, rifles and carbines
(including sniper and designated marksman weapons), sub-machine guns,
and light-machine guns.
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A--Authorization of Appropriations
Sec. 201. Authorization of appropriations.
Subtitle B--Program Requirements, Restrictions, and Limitations
Sec. 211. Next-generation long-range strike bomber aircraft nuclear
certification requirement.
Sec. 212. Extension of limitation on availability of funds for Unmanned
Carrier-launched Surveillance and Strike system program.
Sec. 213. Limitation on availability of funds for milestone A activities
for an Army medium range multi-purpose vertical takeoff and
landing unmanned aircraft system.
Sec. 214. Use of funds for conventional prompt global strike program.
Sec. 215. Next Generation Foundry for the Defense Microelectronics
Activity.
Sec. 216. Advanced rotorcraft initiative.
Subtitle C--Missile Defense Programs
Sec. 221. Prohibition on the use of funds for the MEADS program.
Sec. 222. Availability of funds for Iron Dome short-range rocket defense
program.
Sec. 223. Authority for relocation of certain Aegis weapon system assets
between and within the DDG-51 class destroyer and Aegis
Ashore programs in order to meet mission requirements.
Sec. 224. Evaluation of alternatives for the precision tracking space
system.
Sec. 225. Next generation Exo-atmospheric Kill Vehicle.
Sec. 226. Modernization of the Patriot air and missile defense system.
Sec. 227. Evaluation and environmental impact assessment of potential
future missile defense sites in the United States.
Sec. 228. Homeland ballistic missile defense.
Sec. 229. Regional ballistic missile defense.
Sec. 230. NATO contributions to missile defense in Europe.
Sec. 231. Report on test plan for the ground-based midcourse defense
system.
Sec. 232. Sense of Congress on missile defense.
Sec. 233. Sense of Congress on the submittal to Congress of the homeland
defense hedging policy and strategy report of the Secretary
of Defense.
Subtitle D--Reports
Sec. 241. Mission packages for the Littoral Combat Ship.
Sec. 242. Study on electronic warfare capabilities of the Marine Corps.
Sec. 243. Conditional requirement for report on amphibious assault
vehicles for the Marine Corps.
Sec. 244. Report on cyber and information technology research
investments of the Air Force.
Sec. 245. National Research Council review of defense science and
technical graduate education needs.
Subtitle E--Other Matters
Sec. 251. Eligibility for Department of Defense laboratories to enter
into educational partnerships with educational institutions
in territories and possessions of the United States.
Sec. 252. Regional advanced technology clusters.
Sec. 253. Sense of Congress on increasing the cost-effectiveness of
training exercises for members of the Armed Forces.
[[Page 126 STAT. 1671]]
Subtitle A--Authorization of Appropriations
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal year 2013
for the use of the Department of Defense for research, development,
test, and evaluation as specified in the funding table in section 4201.
Subtitle B--Program Requirements, Restrictions, and Limitations
SEC. 211. NEXT-GENERATION LONG-RANGE STRIKE BOMBER AIRCRAFT
NUCLEAR CERTIFICATION REQUIREMENT.
The Secretary of the Air Force shall ensure that the next-generation
long-range strike bomber is--
(1) capable of carrying strategic nuclear weapons as of the
date on which such aircraft achieves initial operating
capability; and
(2) <<NOTE: Deadline.>> certified to use such weapons by
not later than two years after such date.
SEC. 212. EXTENSION OF LIMITATION ON AVAILABILITY OF FUNDS FOR
UNMANNED CARRIER-LAUNCHED SURVEILLANCE AND
STRIKE SYSTEM PROGRAM.
(a) Extension of Limitation.--Subsection (a) of section 213 of the
National Defense Authorization Act for Fiscal Year 2012 (Public Law 112-
81; 125 Stat. 1330) is amended by inserting ``or fiscal year 2013''
after ``fiscal year 2012''.
(b) Technology Development Phase.--Such section is further amended
by adding at the end the following new subsection:
``(d) Technology Development and Preliminary Design Phases.--
``(1) Contractors.--In accordance with paragraph (2), the
Secretary of the Navy may not reduce the number of prime
contractors working on the Unmanned Carrier-launched
Surveillance and Strike system program to one prime contractor
for the technology development phase of such program prior to
the program achieving the preliminary design review milestone.
``(2) Preliminary design review.--After the date on which
the Unmanned Carrier-launched Surveillance and Strike system
program achieves the preliminary design review milestone, the
Secretary may not reduce the number of prime contractors working
on the program to one prime contractor until--
``(A) the preliminary design reviews of the program
are completed;
``(B) the Under Secretary of Defense for
Acquisition, Technology, and Logistics assesses the
completeness of the preliminary design reviews of the
program for each participating prime contractor;
``(C) <<NOTE: Reports.>> the Under Secretary
submits to the congressional defense committees a report
that includes--
[[Page 126 STAT. 1672]]
``(i) a summary of the assessment of the
preliminary design reviews of the program
conducted under subparagraph (B); and
``(ii) <<NOTE: Certification.>> a
certification that each preliminary design review
of the program was complete and was not
abbreviated when compared to preliminary design
reviews conducted for other major defense
acquisition programs consistent with the policies
specified in Department of Defense Instruction
5000.02; and
``(D) <<NOTE: Time period.>> a period of 30 days
has elapsed following the date on which the Under
Secretary submits the report under subparagraph (C).''.
(c) Technical Amendment.--Such section is further amended by
striking ``Future Unmanned Carrier-based Strike System'' each place it
appears and inserting ``Unmanned Carrier-launched Surveillance and
Strike system''.
SEC. 213. LIMITATION ON AVAILABILITY OF FUNDS FOR MILESTONE A
ACTIVITIES FOR AN ARMY MEDIUM RANGE MULTI-
PURPOSE VERTICAL TAKEOFF AND LANDING
UNMANNED AIRCRAFT SYSTEM.
(a) Limitation.--None of the funds authorized to be appropriated by
this Act or otherwise made available for fiscal year 2013 for research,
development, test, and evaluation, Army, may be obligated or expended
for Milestone A activities with respect to a medium-range multi-purpose
vertical take-off and landing unmanned aircraft system until--
(1) <<NOTE: Certification.>> the Chairman of the Joint
Requirements Oversight Council certifies in writing to the
appropriate congressional committees that the Joint Requirements
Oversight Council determines that--
(A) such system is required to meet a required
capability or requirement validated by the Council; and
(B) as of the date of the certification, an unmanned
aircraft system in the operational inventory of a
military department that was selected using competitive
procedures cannot meet such capability or be modified to
meet such capability in a more cost effective way; and
(C) the acquisition strategy for such a capability
includes competitive procedures as a requirement; and
(2) <<NOTE: Time period.>> a period of 30 days has elapsed
following the date on which the Chairman submits the
certification under paragraph (1).
(b) Definitions.--In this section:
(1) The term ``appropriate congressional committees''
means--
(A) the Committee on Armed Services, the Committee
on Appropriations, and the Permanent Select Committee on
Intelligence of the House of Representatives; and
(B) the Committee on Armed Services, the Committee
on Appropriations, and the Select Committee on
Intelligence of the Senate.
(2) The term ``competitive procedures'' has the meaning
given that term in section 2302(2) of title 10, United States
Code.
(3) The term ``Milestone A activities'' means, with respect
to an acquisition program of the Department of Defense--
[[Page 126 STAT. 1673]]
(A) the distribution of request for proposals;
(B) the selection of technology demonstration
contractors; and
(C) technology development.
SEC. 214. USE OF FUNDS FOR CONVENTIONAL PROMPT GLOBAL STRIKE
PROGRAM.
(a) Competitive Procedures.--Except as provided by subsection (b),
the Secretary of Defense shall ensure that any funds authorized to be
appropriated by this Act or otherwise made available for fiscal year
2013 for activities of the conventional prompt global strike program are
obligated or expended using competitive solicitation procedures to
involve industry as well as government partners to the extent feasible.
(b) Waiver.--The Secretary may waive the requirement to use
competitive solicitation procedures under subsection (a) if--
(1) the Secretary--
(A) <<NOTE: Determination.>> determines that using
such procedures is not feasible; and
(B) <<NOTE: Notification.>> notifies the
congressional defense committees of such determination;
and
(2) <<NOTE: Time period.>> a period of 5 days elapses after
the date on which the Secretary makes such notification under
paragraph (1)(B).
SEC. 215. NEXT GENERATION FOUNDRY FOR THE DEFENSE MICROELECTRONICS
ACTIVITY.
None <<NOTE: Time period.>> of the funds authorized to be
appropriated by this Act or otherwise made available for fiscal year
2013 for research, development, test, and evaluation for the Next
Generation Foundry for the Defense Microelectronics Activity (PE
#603720S) may be obligated or expended for that purpose until a period
of 60 days has elapsed following the date on which the Assistant
Secretary of Defense for Research and Engineering--
(1) <<NOTE: Strategy.>> develops a microelectronics
strategy as described in the Senate report to accompany S. 1253
of the 112th Congress (S. Rept. 112-26) and an estimate of the
full life-cycle costs for the upgrade of the Next Generation
Foundry;
(2) <<NOTE: Assessment.>> develops an assessment regarding
the manufacturing capability of the United States to produce
three-dimensional integrated circuits to serve national defense
interests; and
(3) <<NOTE: Estimate.>> submits to the congressional
defense committees the strategy and cost estimate required by
paragraph (1) and the assessment required by paragraph (2).
SEC. 216. ADVANCED ROTORCRAFT INITIATIVE.
(a) <<NOTE: Deadline. Reports.>> In General.--Not later than 180
days after the date of the enactment of this Act, the Under Secretary of
Defense for Acquisition, Technology, and Logistics shall, in
consultation with the military departments and the Defense Advanced
Research Projects Agency, submit to the congressional defense committees
a report setting forth a strategy for the use of integrated platform
design teams and agile prototyping approaches for the development of
advanced rotorcraft capabilities.
(b) Elements.--The strategy required by subsection (a) shall include
the following:
(1) Mechanisms for establishing agile prototyping practices
and programs, including rotorcraft X-planes, and an
identification of the resources required for such purposes.
[[Page 126 STAT. 1674]]
(2) The X-Plane Rotorcraft program of the Defense Advanced
Research Projects Agency with performance objectives beyond
those of the Joint Multi-role development program, including at
least two competing teams.
(3) Approaches, including potential competitive prize
awards, to encourage the development of advanced rotorcraft
capabilities to address challenge problems such as nap-of-earth
automated flight, urban operation near buildings, slope
landings, automated autorotation or power-off recovery, and
automated selection of landing areas.
Subtitle C--Missile Defense Programs
SEC. 221. PROHIBITION ON THE USE OF FUNDS FOR THE MEADS PROGRAM.
None of the funds authorized to be appropriated by this Act or
otherwise made available for fiscal year 2013 for the Department of
Defense may be obligated or expended for the medium extended air defense
system.
SEC. 222. AVAILABILITY OF FUNDS FOR IRON DOME SHORT-RANGE ROCKET
DEFENSE PROGRAM.
Of the funds authorized to be appropriated for fiscal year 2013 by
section 201 for research, development, test, and evaluation, Defense-
wide, and available for the Missile Defense Agency, $211,000,000 may be
provided to the Government of Israel for the Iron Dome short-range
rocket defense program as specified in the funding table in section
4201.
SEC. 223. AUTHORITY FOR RELOCATION OF CERTAIN AEGIS WEAPON SYSTEM
ASSETS BETWEEN AND WITHIN THE DDG-51 CLASS
DESTROYER AND AEGIS ASHORE PROGRAMS IN
ORDER TO MEET MISSION REQUIREMENTS.
(a) Transfer to Aegis Ashore System.--Notwithstanding any other
provision of law, the Secretary of the Navy may transfer Aegis weapon
system equipment with ballistic missile defense capability to the
Director of the Missile Defense Agency for use by the Director in the
Aegis Ashore System for installation in the country designated as ``Host
Nation 1'' by transferring to the Agency such equipment procured with
amounts authorized to be appropriated for shipbuilding and conversion,
Navy, for fiscal years 2010 and 2011 for the DDG-51 Class Destroyer
Program.
(b) Adjustments in Equipment Deliveries.--
(1) Use of fy12 funds for aws systems on destroyers procured
with fy11 funds.--Amounts authorized to be appropriated for
shipbuilding and conversion, Navy, for fiscal year 2012, and any
Aegis weapon system assets procured with such amounts, may be
used to deliver complete, mission-ready Aegis weapon systems
with ballistic missile defense capability to any DDG-51 class
destroyer for which amounts were authorized to be appropriated
for shipbuilding and conversion, Navy, for fiscal year 2011.
(2) Use of aws systems procured with rdt&e funds on
destroyers.--The Secretary may install on any DDG-51 class
destroyer Aegis weapon systems with ballistic missile defense
capability transferred pursuant to subsection (c).
[[Page 126 STAT. 1675]]
(c) Transfer From Aegis Ashore System.--The Director shall transfer
Aegis weapon system equipment with ballistic missile defense capability
procured for installation in the Aegis Ashore System to the Secretary
for the DDG-51 Class Destroyer Program to replace any equipment
transferred to the Director under subsection (a).
(d) Treatment of Transfer in Funding Destroyer Construction.--
Notwithstanding the source of funds for any equipment transferred under
subsection (c), the Secretary shall fund all work necessary to complete
construction and outfitting of any destroyer in which such equipment is
installed in the same manner as if such equipment had been acquired
using amounts in the shipbuilding and conversion, Navy, account.
SEC. 224. EVALUATION OF ALTERNATIVES FOR THE PRECISION TRACKING
SPACE SYSTEM.
(a) Limitation.--Of the funds authorized to be appropriated by this
Act or otherwise made available for fiscal year 2013 for the Missile
Defense Agency for the precision tracking space system, not more than 75
percent may be obligated or expended until the date on which--
(1) the Director of Cost Assessment and Program Evaluation
completes the evaluation under subsection (b)(1); and
(2) the terms of reference for the evaluation under
subsection (b)(1)(B) are--
(A) approved by the Missile Defense Executive Board,
in coordination with the Defense Space Council; and
(B) submitted to the congressional defense
committees.
(b) Independent Cost Estimate and Evaluation of Alternatives
Required.--
(1) In general.--The Director of Cost Assessment and Program
Evaluation shall perform--
(A) an independent cost estimate for the precision
tracking space system; and
(B) a comprehensive assessment evaluation of
alternatives for such system.
(2) Basis of evaluation.--The evaluation under paragraph
(1)(B) shall be based on a clear articulation by the Director of
the Missile Defense Agency of--
(A) the space-based and ground-based sensors that
will be required to be maintained to aid the precision
tracking space system constellation;
(B) the number of satellites to be procured for a
first constellation, including the projected lifetime of
such satellites in the first constellation, and the
number projected to be procured for a first and, if
applicable, second replenishment;
(C) the technological and acquisition risks of such
system, including systems engineering and ground system
development;
(D) an evaluation of the technological capability
differences between the precision tracking space system
tracking sensor and the space tracking and surveillance
system tracking sensor;
(E) the cost differences, as confirmed by the
Director of Cost Assessment and Program Evaluation,
between such systems, including costs relating to launch
services; and
[[Page 126 STAT. 1676]]
(F) any other matters the Director believes useful
that do not unduly delay completion of the evaluation.
(3) Evaluation.--In conducting the evaluation under
paragraph (1)(B), the Director of Cost Assessment and Program
Evaluation shall--
(A) evaluate whether the precision tracking space
system, as planned by the Director of the Missile
Defense Agency in the budget submitted to Congress under
section 1105 of title 31, United States Code, for fiscal
year 2013, is the most cost effective and best value
sensor option with respect to land-, air-, or space-
based sensors, or a combination thereof, to improve the
regional missile defense and homeland missile defense of
the United States, including by adding precision
tracking and discrimination capability to the ground-
based midcourse defense system;
(B) examine the overhead persistent infrared
satellite data or other data that are available as of
the date of the evaluation that are not being used for
ballistic missile tracking;
(C) determine whether and how using the data
described in subparagraph (B) could improve sensor
coverage for the homeland missile defense of the United
States and regional missile defense capabilities;
(D) study the plans of the Director of the Missile
Defense Agency to integrate the precision tracking space
system concept into the ballistic missile defense system
and evaluate the concept of operations and missile
defense engagement scenarios of such use;
(E) consider the agreement entered into under
subsection (d)(1); and
(F) consider any other matters the Director believes
useful that do not unduly delay completion of the
evaluation.
(4) <<NOTE: Time periods.>> Cost determination.---In
conducting the independent cost estimate under paragraph (1)(A),
the Director of Cost Assessment and Program Evaluation shall
take into account acquisition costs and operation and
sustainment costs during the initial 10-year and 20-year
periods.
(5) Cooperation.--The Director of the Missile Defense Agency
shall provide to the Director of Cost Assessment and Program
Evaluation the information necessary to conduct the independent
cost estimate and the evaluation of alternatives of such program
under paragraph (1).
(c) <<NOTE: Deadline.>> Submission Required.--Not later than April
30, 2013, the Director of Cost Assessment and Program Evaluation shall
submit to the congressional defense committees the independent cost
estimate and evaluation under subparagraphs (A) and (B) of subsection
(b)(1).
(d) Memorandum of Agreement.--
(1) In general.--The Director of the Missile Defense Agency
shall enter into a memorandum of agreement with the Commander of
the Air Force Space Command with respect to the space
situational awareness capabilities, requirements, design, and
cost sharing of the precision tracking space system.
(2) Submission.--The Director shall submit to the
congressional defense committees the agreement entered into
under paragraph (1).
[[Page 126 STAT. 1677]]
(e) <<NOTE: Deadlines. Briefings. Reports.>> Review by the
Comptroller General.--
(1) Terms of reference.--The Comptroller General of the
United States shall provide to the congressional defense
committees--
(A) by not later than 30 days after the date on
which the terms of reference for the evaluation under
subsection (b)(1)(B) are provided to such committees
pursuant to subsection (a)(2), a briefing on the views
of the Comptroller General with respect to such terms of
reference and their conformance with the best practices
for analyses of alternatives established by the
Comptroller General; and
(B) a final report on such terms as soon as
practicable following the date of the briefing under
subparagraph (A).
(2) Comprehensive ptss assessment.--The Comptroller General
shall further provide to the congressional defense committees--
(A) by not later than 60 days after the date on
which the evaluation is submitted to such committees
under subsection (c), a briefing on the views of the
Comptroller General with respect to such evaluation; and
(B) a final report on such evaluation as soon as
practicable following the date of the briefing under
subparagraph (A).
SEC. 225. NEXT GENERATION EXO-ATMOSPHERIC KILL VEHICLE.
(a) Plan for Next Generation Kill Vehicle.--The Director of the
Missile Defense Agency shall develop a long-term plan for the exo-
atmospheric kill vehicle that addresses both modifications and
enhancements to the current exo-atmospheric kill vehicle and options for
the competitive development of a next generation exo-atmospheric kill
vehicle for the ground-based interceptor of the ground-based midcourse
defense system and any other interceptor that might be developed for the
defense of the United States against long-range ballistic missiles.
(b) Definition of Parameters and Capabilities.--
(1) Assessment required.--The Director shall define the
desired technical parameters and performance capabilities for a
next generation exo-atmospheric kill vehicle using an assessment
conducted by the Director for that purpose that is designed to
ensure that a next generation exo-atmospheric kill vehicle
design--
(A) enables ease of manufacturing, high tolerances
to production processes and supply chain variability,
and inherent reliability;
(B) will be optimized to take advantage of the
ballistic missile defense system architecture and sensor
system capabilities;
(C) leverages all relevant kill vehicle development
activities and technologies, including from the current
standard missile-3 block IIB program and the previous
multiple kill vehicle technology development program;
(D) seeks to maximize, to the greatest extent
practicable, commonality between subsystems of a next
generation exo-atmospheric kill vehicle and other exo-
atmospheric kill vehicle programs; and
(E) meets Department of Defense criteria, as
established in the February 2010 Ballistic Missile
Defense
[[Page 126 STAT. 1678]]
Review, for affordability, reliability, suitability, and
operational effectiveness to defend against limited
attacks from evolving and future threats from long-range
missiles.
(2) Evaluation of payloads.--The assessment required by
paragraph (1) shall include an evaluation of the potential
benefits and drawbacks of options for both unitary and multiple
exo-atmospheric kill vehicle payloads.
(3) <<NOTE: Evaluation.>> Standard missile-3 block iib
interceptor.--As part of the assessment required by paragraph
(1), the Director shall evaluate whether there are potential
options and opportunities arising from the standard missile-3
block IIB interceptor development program for development of an
exo-atmospheric kill vehicle, or kill vehicle technologies or
components, that could be used for potential upgrades to the
ground-based interceptor or for a next generation exo-
atmospheric kill vehicle.
(c) Report.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Director shall submit to the
congressional defense committees a report setting forth the plan
developed under subsection (a), including the results of the
assessment under subsection (b), and an estimate of the cost and
schedule of implementing the plan.
(2) Form.--The report required by paragraph (1) shall be
submitted in unclassified form, but may include a classified
annex.
SEC. 226. MODERNIZATION OF THE PATRIOT AIR AND MISSILE DEFENSE
SYSTEM.
(a) <<NOTE: Deadline.>> Plan for Modernization.--Not later than 180
days after the date of the enactment of this Act, the Secretary of the
Army shall submit to the congressional defense committees a prioritized
plan for support of the long-term requirements in connection with the
modernization of the Patriot air and missile defense system and related
systems of the integrated air and missile defense architecture.
(b) Additional Elements.--The report required by subsection (a)
shall also set forth the following:
(1) An explanation of the requirements and goals for the
Patriot air and missile defense system and related systems of
the integrated air and missile defense architecture during the
10-year period beginning on the date of the report.
(2) An assessment of the integrated air and missile defense
capabilities required to meet the demands of evolving and
emerging threats during the ten-year period beginning on the
date of the report.
(3) A plan for the introduction of changes to the Patriot
air and missile defense system program to achieve reductions in
the life-cycle cost of the Patriot air and missile defense
system.
SEC. 227. EVALUATION AND ENVIRONMENTAL IMPACT ASSESSMENT OF
POTENTIAL FUTURE MISSILE DEFENSE SITES IN
THE UNITED STATES.
(a) <<NOTE: Deadline. Study.>> Evaluation.--Not later than December
31, 2013, the Secretary of Defense shall conduct a study to evaluate at
least three possible additional locations in the United States, selected
by the Director of the Missile Defense Agency, that would be best suited
for future deployment of an interceptor capable of protecting the
[[Page 126 STAT. 1679]]
homeland against threats from nations such as North Korea and Iran. At
least two of such locations shall be on the East Coast of the United
States.
(b) Environmental Impact Statement Required.--Except as provided by
subsection (c), the Secretary shall prepare an environmental impact
statement in accordance with the National Environmental Policy Act of
1969 (42 U.S.C. et seq.) for the locations the Secretary evaluates under
subsection (a).
(c) Exception.--If an environmental impact statement has already
been prepared for a location the Secretary evaluates under subsection
(a), the Secretary shall not be required to prepare another
environmental impact statement for such location.
(d) Contingency Plan.--In light of the evaluation under subsection
(a), the Director of the Missile Defense Agency shall--
(1) develop a contingency plan for the deployment of a
homeland missile defense interceptor site that is in addition to
such sites that exist as of the date of the enactment of this
Act in case the President determines to proceed with such an
additional deployment; and
(2) <<NOTE: Notification.>> notify the congressional
defense committees when such contingency plan has been
developed.
SEC. 228. HOMELAND BALLISTIC MISSILE DEFENSE.
(a) Sense of Congress.--It is the sense of Congress that--
(1) it is a national priority to defend the United States
homeland against the threat of limited ballistic missile attack
(whether accidental, unauthorized, or deliberate);
(2) the currently deployed ground-based midcourse defense
system, with 30 ground-based interceptors deployed in Alaska and
California, provides a level of protection of the United States
homeland;
(3) it is essential for the ground-based midcourse defense
system to achieve the levels of reliability, availability,
sustainability, and operational performance that will allow it
to continue providing protection of the United States homeland;
(4) the Missile Defense Agency should, as its highest
priority, correct the problem that caused the December 2010
ground-based midcourse defense system flight test failure and
demonstrate the correction in flight tests before resuming
production of the capability enhancement-II kill vehicle, in
order to provide confidence that the system will work as
intended;
(5) the Department of Defense should continue to enhance the
performance and reliability of the ground-based midcourse
defense system, and enhance the capability of the ballistic
missile defense system, to provide improved capability to defend
the homeland;
(6) the Missile Defense Agency should have a robust,
rigorous, and operationally realistic testing program for the
ground-based midcourse defense system, including salvo testing,
multiple simultaneous engagement testing, and operational
testing;
(7) the Department of Defense has taken a number of prudent,
affordable, cost-effective, and operationally significant steps
to hedge against the possibility of future growth in the missile
threat to the homeland from North Korea and Iran; and
[[Page 126 STAT. 1680]]
(8) the Department of Defense should continue to evaluate
the evolving threat of limited ballistic missile attack,
particularly from countries such as North Korea and Iran, and
consider other possibilities for prudent, affordable, cost-
effective, and operationally significant steps to improve the
posture of the United States to defend the homeland.
(b) Report.--
(1) Report required.--Not later than 180 days after the date
of the enactment of this Act, the Secretary of Defense shall
submit to the congressional defense committees a report on the
status of efforts to improve the homeland ballistic missile
defense capability of the United States.
(2) Elements of report.--The report required by paragraph
(1) shall include the following:
(A) A detailed description of the actions taken or
planned to improve the reliability, availability, and
capability of the ground-based midcourse defense system,
particularly the exoatmospheric kill vehicle, and any
other actions to improve the homeland missile defense
posture to hedge against potential future growth in the
threat of limited ballistic missile attack (whether
accidental, unauthorized, or deliberate), particularly
from countries such as North Korea and Iran.
(B) A description of any improvements achieved as a
result of the actions described in subparagraph (A).
(C) A description of the results of the two planned
flight tests of the ground-based midcourse defense
system (control test vehicle flight test-1, and GMD
flight test-06b) intended to demonstrate the success of
the correction of the problem that caused the flight
test failure of December 2010, and the status of any
decision to resume production of the capability
enhancement-II kill vehicle.
(D) a detailed description of the planned roles and
requirements for the standard missile-3 block IIB
interceptor to augment the defense of the homeland,
including the capabilities needed to defeat long-range
missiles that could be launched from Iran to the United
States;
(E) Any other matters the Secretary considers
appropriate.
(3) Form of report.--The report shall be submitted in
unclassified form, but may include a classified annex.
(c) Comptroller General Briefing and Report.--
(1) Briefing.--Not later than 60 days after the date on
which the Secretary submits the report under subsection (b)(1),
the Comptroller General of the United States shall brief the
congressional defense committees with the views of the
Comptroller General on the report.
(2) Report.--As soon as practicable after the date on which
the Comptroller General briefs the congressional defense
committees under paragraph (1), the Comptroller General shall
submit to such committees a report on the views included in such
briefing.
SEC. 229. REGIONAL BALLISTIC MISSILE DEFENSE.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the threat from regional ballistic missiles,
particularly from Iran and North Korea, is serious and growing,
and puts
[[Page 126 STAT. 1681]]
at risk forward-deployed forces of the United States and allies
and partners in Europe, the Middle East, and the Asia-Pacific
region;
(2) the Department of Defense has an obligation to provide
force protection of forward-deployed forces, assets, and
facilities of the United States from regional ballistic missile
attack;
(3) the United States has an obligation to meet its security
commitments to its allies, including ballistic missile defense
commitments;
(4) the Department of Defense has a program of investment
and capabilities to provide for both homeland defense and
regional defense against ballistic missiles, consistent with the
Ballistic Missile Defense Review of 2010 and with the
prioritized and integrated needs of the commanders of the
combatant commands;
(5) the European Phased Adaptive Approach to missile defense
is a response to the existing and growing ballistic missile
threat from Iran to forward deployed United States forces,
allies and partners in Europe;
(6) the Department of Defense--
(A) should, as a high priority, continue to develop,
test, and plan to deploy all four phases of the European
Phased Adaptive Approach, including all variants of the
standard missile-3 interceptor;
(B) should continue to conduct tests to evaluate and
assess the capability of future phases of the European
Phased Adaptive Approach and to demonstrate whether they
will achieve their intended roles, as outlined in the
Ballistic Missile Defense Review of 2010; and
(C) should also continue with its other phased and
adaptive regional missile defense efforts tailored to
the Middle East and the Asia-Pacific region; and
(7) European members of the North Atlantic Treaty
Organization are making a variety of contributions to missile
defense in Europe, by hosting elements of missile defense
systems of the United States on their territories, through
individual national contributions to missile defense capability,
and by collective funding and development of the Active Layered
Theater Ballistic Missile Defense system; and
(8) allies and partners of the United States in the Asia-
Pacific region and in the Middle East are making contributions
to regional missile defense capabilities, including by hosting
elements of missile defense systems of the United States on
their territories; jointly developing missile defense
capabilities; and cooperating in regional missile defense
architectures.
(b) Report.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall submit
to the congressional defense committees a report describing the
status and progress of regional missile defense programs and
efforts.
(2) Elements of report.--The report required by paragraph
(1) shall include the following:
(A) An assessment of the adequacy of the existing
and planned European Phased Adaptive Approach to provide
force protection for forward-deployed forces of the
United States in Europe against ballistic missile
threats
[[Page 126 STAT. 1682]]
from Iran, and an assessment whether adequate force
protection would be available absent the European Phased
Adaptive Approach, given current and planned Patriot,
Terminal High Altitude Area Defense, and Aegis ballistic
missile defense capability.
(B) A description of the progress made in the
development and testing of elements of systems intended
for deployment in Phases 2 through 4 of the European
Phased Adaptive Approach, and an assessment of technical
and schedule risks.
(C) A description of the missile defense priorities
and capability needs of the regional combatant commands,
and the planned regional missile defense architectures
derived from those capability needs and priorities.
(D) A description of the global force management
process used to evaluate the missile defense capability
needs of the regional combatant commands and to
determine the resource allocation and deployment
outcomes among such commands.
(E) A description of the missile defense command and
control concepts and arrangements in place for United
States and allied regional missile defense forces, and
the missile defense partnerships and burden-sharing
arrangements in place between the United States and its
allies and partners.
(3) Form.--The report required by paragraph (1) shall be
submitted in unclassified form, but may include a classified
annex.
(c) Comptroller General Views.--The Comptroller General of the
United States shall--
(1) <<NOTE: Briefing. Deadline.>> brief the congressional
defense committees with the views of the Comptroller General on
the report under subsection (b)(1) by not later than 60 days
after the date on which the Secretary submits such report; and
(2) <<NOTE: Reports.>> submit to such committees a written
report on such views as soon as practicable after the date of
the briefing under paragraph (1).
SEC. 230. NATO CONTRIBUTIONS TO MISSILE DEFENSE IN EUROPE.
(a) <<NOTE: Deadline. Reports.>> In General.--Not later than 180
days after the date of the enactment of this Act, the Secretary of
Defense shall submit to the congressional defense committees a report on
contributions of members of the North Atlantic Treaty Organization to
missile defense in Europe.
(b) Elements.--The report required under subsection (a) shall
include a discussion of the full range of contributions made by members
of NATO, individually and collectively, to missile defense in Europe,
including the following:
(1) Financial contributions to the development of the Active
Layered Theater Ballistic Missile Defense command and control
system or other NATO missile defense capabilities, including the
European Phased Adaptive Approach.
(2) National contributions of missile defense capabilities
to NATO.
(3) Agreements to host missile defense facilities in the
territory of the member state.
[[Page 126 STAT. 1683]]
(4) Contributions in the form of providing support,
including security, for missile defense facilities in the
territory of the member state.
(5) Any other contributions being planned by members of
NATO, including the modification of existing military systems to
contribute to the missile defense capability of NATO.
(6) A discussion of whether there are other opportunities
for future contributions, financial and otherwise, to missile
defense by members of NATO.
(7) Any other matters the Secretary determines appropriate.
(c) Form of Report.--The report required by subsection (a) shall be
submitted in unclassified form, but may include a classified annex.
SEC. 231. REPORT ON TEST PLAN FOR THE GROUND-BASED MIDCOURSE
DEFENSE SYSTEM.
(a) Report Required.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
congressional defense committees a report on the testing program for the
ground-based midcourse defense element of the ballistic missile defense
system.
(b) Elements.--The report under subsection (a) shall include the
following:
(1) An explanation of testing options for the ground-based
midcourse defense system if planned flight tests CTV-01 and FTG-
06b do not demonstrate the successful correction to the problem
that caused the failure of the capability enhancement-2 kill
vehicle in flight test FTG-06a in December 2010, including
additional testing of the capability enhancement-1 kill vehicle.
(2) An assessment of the feasibility, advisability, and cost
effectiveness (including the potential benefits, risks, and
impact on the current test plan and integrated master test plan
for the ground-based midcourse defense system) of adjusting the
test plan of the ground-based midcourse defense system to
accomplish, at an acceptable level of risk--
(A) accelerating to fiscal year 2014 the date for
testing such system using a capability enhancement-1
kill vehicle against an intercontinental ballistic
missile-range target; and
(B) increasing the pace of the flight testing of
such system to a rate of three tests every two years.
(3) If the Secretary determines that either option described
in subparagraph (A) or (B) of paragraph (2) would be feasible,
advisable, and cost effective, a discussion of whether increased
funding beyond the funding requested in the budget for fiscal
year 2013 is required to carry out such options and, if so, what
level of increased funding would be necessary to carry out each
such option.
(4) Any additional matters the Secretary determines
appropriate.
(c) DOT&E Views.--The Secretary shall include an appendix to the
report under subsection (a) that contains the views of the Director of
Operational Test and Evaluation regarding the contents of the report.
[[Page 126 STAT. 1684]]
(d) Form.--The report under subsection (a) shall be submitted in
unclassified form, but may include a classified annex.
(e) Comptroller General Views.--The Comptroller General of the
United States shall--
(1) <<NOTE: Briefing.>> brief the congressional defense
committees concerning the views of the Comptroller General on
the report required under subsection (a) by not later than 60
days after the date on which the Secretary submits such report;
and
(2) submit to such committees a written report on such views
as soon as practicable after the date of the briefing under
paragraph (1).
SEC. 232. SENSE OF CONGRESS ON MISSILE DEFENSE.
(a) Findings.--Congress finds the following:
(1) In a December 18, 2010, letter to the Senate leadership,
President Obama wrote that the North Atlantic Treaty
Organization (NATO) ``invited the Russian Federation to
cooperate on missile defense, which could lead to adding Russian
capabilities to those deployed by NATO to enhance our common
security against common threats. The Lisbon Summit thus
demonstrated that the Alliance's missile defenses can be
strengthened by improving NATO-Russian relations. This comes
even as we have made it clear that the system we intend to
pursue with Russia will not be a joint system, and it will not
in any way limit United States' or NATO's missile defense
capabilities.''.
(2) In a February 2, 2011, message to the Senate concerning
its December 22, 2010, Resolution of Advice and Consent to
Ratification of the New START Treaty, President Obama certified
that ``It is the policy of the United States to continue
development and deployment of United States missile defense
systems to defend against missile threats from nations such as
North Korea and Iran, including qualitative and quantitative
improvements to such systems. As stated in the Resolution, such
systems include all phases of the Phased Adaptive Approach to
missile defense in Europe, the modernization of the Ground-based
Midcourse Defense system, and the continued development of the
two-stage Ground-Based Interceptor as a technological and
strategic hedge.''.
(3) In a letter dated December 13, 2011, to Senator Mark
Kirk, Robert Nabors, Assistant to the President and Director of
the Office of Legislative Affairs, wrote that ``The United
States remains committed to implementing the European Phased
Adaptive Approach to missile defense, and will not agree to any
constraints limiting the development or deployment of United
States missile defenses'' and ``[w]e will not provide Russia
with sensitive information about our missile defense systems
that would in any way compromise our national security. For
example, hit-to-kill technology and interceptor telemetry will
under no circumstances be provided to Russia.''.
(b) Sense of Congress.--It is the sense of Congress that--
(1) pursuant to section 2 of the National Missile Defense
Act of 1999 (Public Law 106-38; 113 Stat. 205; 10 U.S.C. 2431
note), it is the policy of the United States ``to deploy as soon
as is technologically possible an effective National Missile
Defense system capable of defending the territory of
[[Page 126 STAT. 1685]]
the United States against limited ballistic missile attack
(whether accidental, unauthorized, or deliberate)...'';
(2) defenses against ballistic missiles are essential for
new deterrent strategies and for new strategies should
deterrence fail;
(3) further limitations on the missile defense capabilities
of the United States are not in the national security interest
of the United States;
(4) the New Start Treaty and the April 7, 2010, unilateral
statement of the Russian Federation on missile defense do not
limit in any way, and shall not be interpreted as limiting,
activities that the Federal Government of the United States
currently plans or that might be required over the duration of
the New START Treaty to protect the United States pursuant to
the National Missile Defense Act of 1999, or to protect the
Armed Forces of the United States and allies of the United
States from limited ballistic missile attack, including further
planned enhancements to the Ground-based Midcourse Defense
system and all phases of the Phased Adaptive Approach to missile
defense in Europe;
(5) it was the Understanding of the Senate in its December
22, 2010, Resolution of Advice and Consent to Ratification of
the New START Treaty that, ``any additional New START Treaty
limitations on the deployment of missile defenses beyond those
contained in paragraph 3 of Article V, including any limitations
agreed under the auspices of the Bilateral Consultative
Commission, would require an amendment to the New START Treaty
which may enter into force for the United States only with the
advice and consent of the Senate, as set forth in Article II,
section 2, clause 2 of the Constitution of the United States'';
and
(6) section 303(b) of the Arms Control and Disarmament Act
(22 U.S.C. 2573(b)) requires that ``no action shall be taken
pursuant to this or any other Act that would obligate the United
States to reduce or limit the Armed Forces or armaments of the
United States in a militarily significant manner, except
pursuant to the treaty-making power of the President set forth
in Article II, Section 2, Clause 2 of the Constitution.''.
(c) New START Treaty Defined.--In this section, the term ``New START
Treaty'' means the Treaty between the United States of America and the
Russian Federation on Measures for the Further Reduction and Limitation
of Strategic Offensive Arms, signed on April 8, 2010, and entered into
force on February 5, 2011.
SEC. 233. SENSE OF CONGRESS ON THE SUBMITTAL TO CONGRESS OF THE
HOMELAND DEFENSE HEDGING POLICY AND
STRATEGY REPORT OF THE SECRETARY OF
DEFENSE.
It is the sense of the Congress that--
(1) the homeland defense hedging policy and strategy report
required by section 233 of the National Defense Authorization
Act for Fiscal Year 2012 (Public Law 112-81; 125 Stat. 1340) is
necessary to inform Congress on options to protect the United
States homeland against the evolving ballistic missile threat,
including potential options prior to the deployment of Phase 4
of the European Phased Adaptive Approach to missile defense; and
[[Page 126 STAT. 1686]]
(2) the Secretary of Defense should comply with the
requirements of such section 233 by submitting the homeland
defense hedging policy and strategy report to Congress.
Subtitle D--Reports
SEC. 241. MISSION PACKAGES FOR THE LITTORAL COMBAT SHIP.
(a) Report Required.--Not later than March 1, 2013, the Secretary of
the Navy shall, in consultation with the Director of Operational Test
and Evaluation, submit to the congressional defense committees a report
on the mine countermeasures warfare, antisubmarine warfare, and surface
warfare mission packages for the Littoral Combat Ship.
(b) Elements.--The report required by subsection (a) shall set forth
the following:
(1) A plan for the mission packages demonstrating that
preliminary design review for every capability increment
precedes Milestone B or equivalent approval for that increment.
(2) A plan for demonstrating that the capability increment
for each mission package, combined with a Littoral Combat Ship,
on the basis of a preliminary design review and post-preliminary
design review assessment, will achieve the capability specified
for that increment.
(3) A plan for demonstrating the survivability and lethality
of the Littoral Combat Ship with its mission packages
sufficiently early in the development phase of the system to
minimize costs of concurrency.
SEC. 242. STUDY ON ELECTRONIC WARFARE CAPABILITIES OF THE MARINE
CORPS.
(a) Study.--The Commandant of the Marine Corps shall conduct a study
on the future capabilities of the Marine Corps with respect to
electronic warfare.
(b) Report.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Commandant shall submit to the
congressional defense committees a report on the study conducted
under subsection (a).
(2) Matters included.--The report under paragraph (1) shall
include the following:
(A) A detailed plan for the disposition of EA-6B
Prowler aircraft squadrons.
(B) A solution for the replacement of the capability
provided by such aircraft.
(C) Concepts of operation for future air-ground task
force electronic warfare capabilities of the Marine
Corps.
(D) Any other issues that the Commandant determines
appropriate.
SEC. 243. CONDITIONAL REQUIREMENT FOR REPORT ON AMPHIBIOUS ASSAULT
VEHICLES FOR THE MARINE CORPS.
(a) In General.--If the ongoing Marine Corps ground combat vehicle
fleet mix study recommends the acquisition of a separate Marine
Personnel Carrier, the Secretary of the Navy and the Commandant of the
Marine Corps shall jointly submit to the congressional defense
committees a report that includes the following:
[[Page 126 STAT. 1687]]
(1) A detailed description of the capability gaps that
Marine Personnel Carriers are intended to mitigate and the
capabilities that the Marine Personnel Carrier will be required
to have to mitigate such gaps, and an assessment whether, and to
what extent, Amphibious Combat Vehicles could mitigate such
gaps.
(2) A detailed explanation of the role of the Marine
Personnel Carriers in the operations of the Marine Corps, as
well as a comparative estimate of the acquisition and life-cycle
costs of--
(A) a fleet consisting of both Amphibious Combat
Vehicles and Marine Personnel Carriers; and
(B) a fleet consisting of only Amphibious Combat
Vehicles.
(b) Submittal Date.--If required, the report under subsection (a)
shall be submitted not later than the later of--
(1) the date that is 60 days after the date of the
completion of the study referred to in subsection (a); or
(2) February 1, 2013.
SEC. 244. REPORT ON CYBER AND INFORMATION TECHNOLOGY RESEARCH
INVESTMENTS OF THE AIR FORCE.
(a) Report.--Not later than 180 days after the date of the enactment
of this Act, the Secretary of the Air Force shall submit to the
congressional defense committees a report detailing the investment
strategy of the Air Force with respect to the spectrum of--
(1) cyber science and technology;
(2) autonomy, command and control, and decision support
technologies;
(3) connectivity and dissemination technologies; and
(4) processing and exploitation technologies.
(b) Elements.--The report under subsection (a) shall include the
following:
(1) An identification of the near-, mid-, and far-term
science and technology priorities of the Air Force with respect
to cyber and information-related technologies and the resources
(including both funding and personnel) projected to address
these priorities.
(2) A strategy to transition the results of the science and
technology priorities described in paragraph (1) into weapon
systems, including cyber tools.
(3) A description of how the Air Force will recruit, train,
and retain a highly skilled workforce in cyber and information-
related technologies, including the use of the authorities
granted under the laboratory demonstration program established
by section 342 of the National Defense Authorization Act for
Fiscal Year 1995 (Public Law 103-337; 108 Stat. 2721), as most
recently amended by section 1114 of the Floyd D. Spence National
Defense Authorization Act for Fiscal Year 2001 (Public Law 106-
398; 114 Stat. 1654A-315).
(4) A description of laboratory infrastructure and research
facilities, including the Air Force Institute of Technology,
that are necessary for the accomplishment of the science and
technology priorities described in paragraph (1).
[[Page 126 STAT. 1688]]
SEC. 245. NATIONAL RESEARCH COUNCIL REVIEW OF DEFENSE SCIENCE AND
TECHNICAL GRADUATE EDUCATION NEEDS.
(a) <<NOTE: Contracts.>> Review.--The Secretary of Defense shall
enter into an agreement with the National Research Council to conduct a
review of specialized degree-granting graduate programs of the
Department of Defense in science, technology, engineering, mathematics,
and management.
(b) Matters Included.--At a minimum, the review under subsection (a)
shall address--
(1) the need by the Department of Defense and the military
departments for military and civilian personnel with advanced
degrees in science, technology, engineering, mathematics, and
management, including a list of the numbers of such personnel
needed by discipline;
(2) an analysis of the sources by which the Department of
Defense and the military departments obtain military and
civilian personnel with such advanced degrees;
(3) the need for educational institutions under the
Department of Defense to meet the needs identified in paragraph
(1);
(4) the costs and benefits of maintaining such educational
institutions, including costs relating to in-house research;
(5) the ability of private institutions or distance-learning
programs to meet the needs identified in paragraph (1);
(6) existing organizational structures, including reporting
chains, within the military departments to manage the graduate
education needs of the Department of Defense and the military
departments in the fields described in paragraph (1); and
(7) recommendations for improving the ability of the
Department of Defense to identify, manage, and source the
graduate education needs of the Department in such fields.
(c) Report.--Not later than 30 days after the date on which the
review under subsection (a) is completed, the Secretary shall submit to
the congressional defense committees a report on the results of such
review.
Subtitle E--Other Matters
SEC. 251. ELIGIBILITY FOR DEPARTMENT OF DEFENSE LABORATORIES TO
ENTER INTO EDUCATIONAL PARTNERSHIPS WITH
EDUCATIONAL INSTITUTIONS IN TERRITORIES
AND POSSESSIONS OF THE UNITED STATES.
(a) Eligibility of Institutions in Territories and Possessions.--
Section 2194(f) of title 10, United States Code, is amended by adding at
the end the following new paragraph:
``(3) <<NOTE: Definition.>> The term `United States'
includes the Commonwealth of Puerto Rico, the Commonwealth of
the Northern Mariana Islands, and any other territory or
possession of the United States.''.
(b) Technical Amendment.--Paragraph (2) of such section is amended
by inserting ``(20 U.S.C. 7801)'' before the period.
SEC. 252. <<NOTE: 10 USC 2358 note.>> REGIONAL ADVANCED
TECHNOLOGY CLUSTERS.
(a) Development of Innovative Advanced Technologies.--The Secretary
of Defense may use the research and engineering
[[Page 126 STAT. 1689]]
network of the Department of Defense, including the organic industrial
base, to support regional advanced technology clusters established by
the Secretary of Commerce to encourage the development of innovative
advanced technologies to address national security and homeland defense
challenges.
(b) Report.--Not later than 180 days after the date of the enactment
of this Act, the Under Secretary of Defense for Acquisition, Technology,
and Logistics shall submit to the appropriate congressional committees a
report describing--
(1) the participation of the Department of Defense in
regional advanced technology clusters, including the number of--
(A) clusters supported;
(B) technologies developed and transitioned to
acquisition programs;
(C) products commercialized;
(D) small businesses trained;
(E) companies started; and
(F) research and development facilities shared;
(2) implementation by the Department of processes and tools
to facilitate collaboration with the clusters;
(3) agreements established by the Department with the
Department of Commerce to jointly support the continued growth
of the clusters;
(4) methods to evaluate the effectiveness of technology
cluster policies;
(5) any additional required authorities and any impediments
to supporting regional advanced technology clusters; and
(6) the use of any agreements entered into under the
Intergovernmental Personnel Act of 1970 (42 U.S.C. 4701 et seq.)
and any access granted to facilities of the Department of
Defense for research and development purposes.
(c) Collaboration.--The Secretary of Defense may meet, collaborate,
and share resources with other Federal agencies for purposes of
assisting in the use and appropriate growth of regional advanced
technology clusters under this section.
(d) Definitions.--In this section:
(1) The term ``appropriate congressional committees''
means--
(A) the congressional defense committees;
(B) the Committee on Commerce, Science, and
Transportation of the Senate; and
(C) the Committee on Energy and Commerce of the
House of Representatives.
(2) The term ``regional advanced technology clusters'' means
geographic centers focused on building science and technology-
based innovation capacity in areas of local and regional
strength to foster economic growth and improve quality of life.
SEC. 253. SENSE OF CONGRESS ON INCREASING THE COST-EFFECTIVENESS
OF TRAINING EXERCISES FOR MEMBERS OF THE
ARMED FORCES.
It is the sense of Congress that--
(1) modeling and simulation will continue to play a critical
role in the training of the members of the Armed Forces;
(2) while increased modeling and simulation has reduced
overall costs of training of members of the Armed Forces,
[[Page 126 STAT. 1690]]
there are still significant costs associated with the human
resources required to execute certain training exercises where
role-playing actors for certain characters such as opposing
forces, the civilian populace, other government agencies, and
non-governmental organizations are required;
(3) technological advances in areas such as varying levels
of autonomy for systems, multi-player gaming techniques, and
artificial intelligence could reduce the number of personnel
required to support certain training exercises for members of
the Armed Forces, and thereby reduce the overall cost of the
exercises; and
(4) the Secretary of Defense should develop a plan to
increase the use of emerging technologies in autonomous systems,
the commercial gaming sector, and artificial intelligence for
training exercises for members of the Armed Forces to increase
training effectiveness and reduce costs.
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
Sec. 301. Operation and maintenance funding.
Subtitle B--Energy and Environment
Sec. 311. Training range sustainment plan and training range inventory.
Sec. 312. Authority of Secretary of a military department to enter into
cooperative agreements with Indian tribes for land management
associated with military installations and State-owned
National Guard installations.
Sec. 313. Department of Defense guidance on environmental exposures at
military installations and briefing regarding environmental
exposures to members of the Armed Forces.
Sec. 314. Report on status of targets in implementation plan for
operational energy strategy.
Sec. 315. Limitation on obligation of Department of Defense funds from
Defense Production Act of 1950 for biofuel refinery
construction.
Sec. 316. Sense of Congress on protection of Department of Defense
airfields, training airspace, and air training routes.
Subtitle C--Logistics and Sustainment
Sec. 321. Expansion and reauthorization of multi-trades demonstration
project.
Sec. 322. Restoration and amendment of certain provisions relating to
depot-level maintenance and core logistics capabilities.
Sec. 323. Rating chains for system program managers.
Subtitle D--Readiness
Sec. 331. Intergovernmental support agreements with State and local
governments.
Sec. 332. Expansion and reauthorization of pilot program for
availability of working-capital funds for product
improvements.
Sec. 333. Department of Defense national strategic ports study and
Comptroller General studies and reports on strategic ports.
Subtitle E--Reports
Sec. 341. Annual report on Department of Defense long-term corrosion
strategy.
Sec. 342. Report on joint strategy for readiness and training in a
C4ISR-denied environment.
Sec. 343. Comptroller General review of annual Department of Defense
report on prepositioned materiel and equipment.
Sec. 344. Modification of report on maintenance and repair of vessels in
foreign shipyards.
Sec. 345. Extension of deadline for Comptroller General report on
Department of Defense service contract inventory.
Subtitle F--Limitations and Extension of Authority
Sec. 351. Repeal of redundant authority to ensure interoperability of
law enforcement and emergency responder training.
[[Page 126 STAT. 1691]]
Sec. 352. Aerospace control alert mission.
Sec. 353. Limitation on authorization of appropriations for the National
Museum of the United States Army.
Sec. 354. Limitation on availability of funds for retirement or
inactivation of Ticonderoga class cruisers or dock landing
ships.
Sec. 355. Renewal of expired prohibition on return of veterans memorial
objects without specific authorization in law.
Subtitle G--National Commission on the Structure of the Air Force
Sec. 361. Short title.
Sec. 362. Establishment of Commission.
Sec. 363. Duties of the Commission.
Sec. 364. Powers of the Commission.
Sec. 365. Commission personnel matters.
Sec. 366. Termination of the Commission.
Sec. 367. Funding.
Subtitle H--Other Matters
Sec. 371. Military working dog matters.
Sec. 372. Comptroller General review of handling, labeling, and
packaging procedures for hazardous material shipments.
Subtitle A--Authorization of Appropriations
SEC. 301. OPERATION AND MAINTENANCE FUNDING.
Funds are hereby authorized to be appropriated for fiscal year 2013
for the use of the Armed Forces and other activities and agencies of the
Department of Defense for expenses, not otherwise provided for, for
operation and maintenance, as specified in the funding table in section
4301.
Subtitle B--Energy and Environment
SEC. 311. TRAINING RANGE SUSTAINMENT PLAN AND TRAINING RANGE
INVENTORY.
Section 366 of the Bob Stump National Defense Authorization Act for
Fiscal Year 2003 (Public Law 107-314; 116 Stat. 2522; 10 U.S.C. 113
note), as most recently amended by section 348 of the John Warner
National Defense Authorization Act for Fiscal Year 2007 (Public Law 109-
364; 120 Stat. 2159), is amended--
(1) in subsection (a)(5), by striking ``each of fiscal years
2005 through 2013'' and inserting ``each fiscal year through
fiscal year 2018''; and
(2) in subsection (c)(2), by striking ``fiscal years 2005
through 2013'' and inserting ``each fiscal year through fiscal
year 2018''.
SEC. 312. AUTHORITY OF SECRETARY OF A MILITARY DEPARTMENT TO ENTER
INTO COOPERATIVE AGREEMENTS WITH INDIAN
TRIBES FOR LAND MANAGEMENT ASSOCIATED WITH
MILITARY INSTALLATIONS AND STATE-OWNED
NATIONAL GUARD INSTALLATIONS.
(a) Inclusion of Indian Tribes.--Section 103A(a) of the Sikes Act
(16 U.S.C. 670c-1(a)) is amended in the matter preceding paragraph (1)
by inserting ``Indian tribes,'' after ``local governments,''.
(b) Indian Tribe Defined.--Section 100 of such Act (16 U.S.C. 670)
is amended by adding at the end the following new paragraph:
[[Page 126 STAT. 1692]]
``(6) Indian tribe.--The term `Indian tribe' means any
Indian tribe, band, nation, or other organized group or
community, including any Alaska Native village or regional or
village corporation as defined in or established pursuant to the
Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.),
which is recognized as eligible for the special programs and
services provided by the United States to Indians because of
their status as Indians.''.
SEC. 313. <<NOTE: Deadlines.>> DEPARTMENT OF DEFENSE GUIDANCE ON
ENVIRONMENTAL EXPOSURES AT MILITARY
INSTALLATIONS AND BRIEFING REGARDING
ENVIRONMENTAL EXPOSURES TO MEMBERS OF THE
ARMED FORCES.
(a) <<NOTE: 10 USC 1074 note.>> Issuance of Guidance Required.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall issue
guidance to the military departments and appropriate defense
agencies regarding environmental exposures on military
installations.
(2) Elements.--The guidance issued pursuant to paragraph (1)
shall address, at a minimum, the following:
(A) The criteria for when and under what
circumstances public health assessments by the Agency
for Toxic Substances and Disease Registry must be
requested in connection with environmental contamination
at military installations, including past incidents of
environmental contamination.
(B) The procedures to be used to track and document
the status and nature of responses to the findings and
recommendations of the public health assessments of the
Agency of Toxic Substances and Disease Registry that
involve contamination at military installations.
(C) The appropriate actions to be undertaken to
assess significant long-term health risks from past
environmental exposures to military personnel and
civilian individuals from living or working on military
installations.
(3) <<NOTE: Records.>> Submission.--Not later than 30 days
after the issuance of the guidance required by paragraph (1),
the Secretary of Defense shall transmit to the congressional
defense committees a copy of the guidance.
(b) Briefing Required.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall
provide a briefing to the congressional defense committees
regarding materiel solutions that would measure environmental
exposures to members of the Armed Forces while in contingency
operations.
(2) Elements.--The briefing required by paragraph (1) shall
include, at a minimum, the following:
(A) Relevant materiel solutions in development or
commercially available that would facilitate the
identification of members of the Armed Forces who have
individual exposures to environmental hazards, including
burn pits, dust or sand, hazardous materials, and waste.
(B) A timeline, and estimated cost, of developing
and deploying the materiel solutions described in
subparagraph (A).
[[Page 126 STAT. 1693]]
(C) Identification of the Department of Defense's
process, and any systems, that collect and maintain
exposure data and a description of how the Department of
Defense could integrate data from the materiel solutions
described in subparagraph (A) into those systems.
(D) An update regarding the sharing of environmental
exposure data with the Secretary of Veterans Affairs for
use in medical and treatment records of veterans,
including how the materiel solutions described in
subparagraph (A) can be used in determining the service-
connectedness of health conditions and in identifying
possible origins and causes of disease.
SEC. 314. REPORT ON STATUS OF TARGETS IN IMPLEMENTATION PLAN FOR
OPERATIONAL ENERGY STRATEGY.
(a) Report Required.--If the annual report for fiscal year 2011
required by section 2925(b) of title 10, United States Code, is not
submitted to the congressional defense committees by December 31, 2012,
the Secretary of Defense shall submit, not later than June 30, 2013, to
the congressional defense committees a report on the status of the
targets established in the implementation plan for the operational
energy strategy established pursuant to section 139b of such title, as
contained in the document entitled ``Operational Energy Strategy:
Implementation Plan, Department of Defense, March 2012''.
(b) Elements of Report.--The report required by subsection (a) shall
describe, at a minimum, the following:
(1) The status of each of the targets listed in the
implementation plan.
(2) The steps being taken to meet the targets.
(3) The expected date of completion for each target, if the
date is different from the date indicated in the implementation
plan.
(4) The reason for any delays in meeting the targets.
SEC. 315. LIMITATION ON OBLIGATION OF DEPARTMENT OF DEFENSE FUNDS
FROM DEFENSE PRODUCTION ACT OF 1950 FOR
BIOFUEL REFINERY CONSTRUCTION.
Amounts made available to the Department of Defense pursuant to the
Defense Production Act of 1950 (50 U.S.C. App. 2061 et seq.) for fiscal
year 2013 for biofuels production may not be obligated or expended for
the construction of a biofuel refinery until the Department of Defense
receives matching contributions from the Department of Energy and
equivalent contributions from the Department of Agriculture for the same
purpose.
SEC. 316. SENSE OF CONGRESS ON PROTECTION OF DEPARTMENT OF DEFENSE
AIRFIELDS, TRAINING AIRSPACE, AND AIR
TRAINING ROUTES.
It is the sense of Congress that--
(1) Department of Defense airfields, training airspace, and
air training routes are critical national assets that must be
protected from encroachment or mission degradations to the
maximum extent practicable;
(2) placement or emplacement of obstructions near or on
Department of Defense airfields, training airspace, or air
training routes has the potential of increasing risk to military
[[Page 126 STAT. 1694]]
aircraft and personnel as well as impacting training and
readiness; and
(3) in the context of a Department of Defense operational
risk assessment and the Department of Defense Siting
Clearinghouse, the Department of Defense should develop and
promulgate comprehensive guidance to assess the degree to which
the potential encroachment of a project significantly impairs or
degrades the capability of the Department to conduct missions or
maintain readiness to the extent of presenting an unacceptable
risk to national security with strong consideration given to the
input provided by the military services.
Subtitle C--Logistics and Sustainment
SEC. 321. EXPANSION AND REAUTHORIZATION OF MULTI-TRADES
DEMONSTRATION PROJECT.
(a) Expansion.--Section 338 of the National Defense Authorization
Act for Fiscal Year 2004 (Public Law 108-136; 10 U.S.C. 5013 note), as
most recently amended by section 329 of the National Defense
Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat.
67), is amended--
(1) by striking subsection (a) and inserting the following
new subsection:
``(a) Demonstration Project Authorized.--In accordance with
subsection 4703 of title 5, United States Code, the Secretary of a
military department may carry out a demonstration project at facilities
described in subsection (b) under which workers who are certified at the
journey level as able to perform multiple trades shall be promoted by
one grade level.''; and
(2) in subsection (b), by striking ``Logistics Center, Navy
Fleet Readiness Center,'' and inserting ``Logistics Complex,
Navy Fleet Readiness Center, Navy shipyard, Marine Corps
Logistics Base,''.
(b) Reauthorization.--Such section is further amended--
(1) in subsection (d), by striking ``2013'' and inserting
``2018''; and
(2) in subsection (e), by striking ``2014'' and inserting
``2019''.
SEC. 322. RESTORATION AND AMENDMENT OF CERTAIN PROVISIONS RELATING
TO DEPOT-LEVEL MAINTENANCE AND CORE
LOGISTICS CAPABILITIES.
(a) Repeal.--The following provisions of law are hereby repealed:
(1) Section 2460 of title 10, United States Code (as amended
by section 321 of the National Defense Authorization Act for
Fiscal Year 2012 (Public Law 112-81)).
(2) Section 2464 of title 10, United States Code (as amended
by section 327 of the National Defense Authorization Act for
Fiscal Year 2012).
(b) Revival of Superseded Provisions.--
(1) Definition of depot-level maintenance and repair.--The
provisions of section 2460 of title 10, United States Code, as
in effect on December 30, 2011 (the day before the date of the
enactment of the National Defense Authorization Act for Fiscal
Year 2012), are hereby revived.
[[Page 126 STAT. 1695]]
(2) Core logistics capabilities.--(A) The provisions of
section 2464 of 10, United States Code, as in effect on that
date, are hereby revived.
(B) The table of sections at the beginning of chapter 146 of
such title is <<NOTE: 10 USC prec. 2460.>> amended by striking
the item relating to section 2464 and inserting the following
new item:
``2464. Core logistics capabilities.''.
(c) Amendment to Definition of Depot-level Maintenance and Repair.--
Subsection (b) of section 2460 of title 10, United States Code, as
revived by subsection (b), is amended by striking ``or the nuclear
refueling of an aircraft carrier'' and inserting ``or the nuclear
refueling or defueling of an aircraft carrier and any concurrent complex
overhaul''.
(d) Biennial Core Report.--Section 2464 of such title, as revived by
subsection (b), is amended by adding at the end the following new
subsections:
``(d) Biennial Core Report.--Not later than April 1 of each even-
numbered year, the Secretary of Defense shall submit to Congress a
report identifying, for each of the armed forces (except for the Coast
Guard), for the fiscal year after the fiscal year during which the
report is submitted, each of the following:
``(1) The core depot-level maintenance and repair capability
requirements and sustaining workloads, organized by work
breakdown structure, expressed in direct labor hours.
``(2) The corresponding workloads necessary to sustain core
depot-level maintenance and repair capability requirements,
expressed in direct labor hours and cost.
``(3) In any case where core depot-level maintenance and
repair capability requirements exceed or are expected to exceed
sustaining workloads, a detailed rationale for any and all
shortfalls and a plan either to correct or mitigate the effects
of the shortfalls.
``(e) <<NOTE: Recommenda- tions. Deadline.>> Comptroller General
Review.--The Comptroller General of the United States shall review each
report submitted under subsection (d) for completeness and compliance
and shall submit to the congressional defense committees findings and
recommendations with respect to the report by not later than 60 days
after the date on which the report is submitted to Congress.''.
(e) Conforming Amendments.--
(1) Section 2366a of title 10, United States Code, is
amended by striking ``core depot-level maintenance and repair
capabilities'' each place it appears and inserting ``core
logistics capabilities''.
(2) Section 2366b(A)(3)(F) of title 10, United States Code,
is amended by striking ``core depot-level maintenance and repair
capabilities, as well as the associated logistics capabilities''
and inserting ``core logistics capabilities''.
(3) Section 801(c) of the National Defense Authorization Act
for Fiscal Year 2012 (125 Stat. 1483; 10 U.S.C. 2366a note) is
amended by striking ``core depot-level maintenance and repair
capabilities, as well as the associated logistics capabilities''
and inserting ``core logistics capabilities''.
(f) <<NOTE: 10 USC 2366a note.>> Effective Date.--This section and
the amendments made by this section shall take effect on December 31,
2011, the date of the enactment of the National Defense Authorization
Act for Fiscal Year 2012, immediately after the enactment of that Act.
[[Page 126 STAT. 1696]]
SEC. 323. <<NOTE: 10 USC 8013 note. Compliance.>> RATING CHAINS
FOR SYSTEM PROGRAM MANAGERS.
The Secretary of the Air Force, in managing system program
management responsibilities for sustainment programs not assigned to a
program executive officer or a direct reporting program manager, shall
comply with the Department of Defense Instructions regarding assignment
of program responsibility.
Subtitle D--Readiness
SEC. 331. INTERGOVERNMENTAL SUPPORT AGREEMENTS WITH STATE AND
LOCAL GOVERNMENTS.
(a) Agreements Authorized.--Chapter 137 of title 10, United States
Code, is amended by adding at the end the following new section:
``Sec. 2336. <<NOTE: 10 USC 2336.>> Intergovernmental support
agreements with State and local governments
``(a) <<NOTE: Determination.>> In General.--(1) The Secretary
concerned may enter into an intergovernmental support agreement with a
State or local government to provide, receive, or share installation-
support services if the Secretary determines that the agreement will
serve the best interests of the department by enhancing mission
effectiveness or creating efficiencies or economies of scale, including
by reducing costs.
``(2) Notwithstanding any other provision of law, an
intergovernmental support agreement under paragraph (1)--
``(A) may be entered into on a sole-source basis;
``(B) may be for a term not to exceed five years; and
``(C) may use, for installation-support services provided by
a State or local government, wage grades normally paid by that
State or local government.
``(3) An intergovernmental support agreement under paragraph (1) may
only be used when the Secretary concerned or the State or local
government, as the case may be, providing the installation-support
services already provides such services for its own use.
``(b) Effect on First Responder Arrangements.--The authority
provided by this section and limitations on the use of that authority
are not intended to revoke, preclude, or otherwise interfere with
existing or proposed mutual-aid agreements relating to police or fire
protection services or other similar first responder agreements or
arrangements.
``(c) Availability of Funds.--Funds available to the Secretary
concerned for operation and maintenance may be used to pay for such
installation-support services. The costs of agreements under this
section for any fiscal year may be paid using annual appropriations made
available for that year. Funds received by the Secretary as
reimbursement for providing installation-support services pursuant to
such an agreement shall be credited to the appropriation or account
charged with providing installation support.
``(d) Effect on OMB Circular A-76.-- The Secretary concerned shall
ensure that intergovernmental support agreements authorized by this
section are not used to circumvent the requirements of Office of
Management and Budget Circular A-76 regarding public-private
competitions.
``(e) Definitions.--In this section:
[[Page 126 STAT. 1697]]
``(1) The term `installation-support services' means those
services, supplies, resources, and support typically provided by
a local government for its own needs and without regard to
whether such services, supplies, resources, and support are
provided to its residents generally, except that the term does
not include security guard or fire-fighting functions.
``(2) The term `local government' includes a county, parish,
municipality, city, town, township, local public authority,
school district, special district, and any agency or
instrumentality of a local government.
``(3) The term `State' includes the District of Columbia,
the Commonwealths of Puerto Rico and the Northern Mariana
Islands, American Samoa, Guam, and the United States Virgin
Islands, and any agency or instrumentality of a State.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is <<NOTE: 10 USC prec. 2301.>> amended by adding at the
end the following new item:
``2336. Intergovernmental support agreements with State and local
governments.''.
SEC. 332. EXPANSION AND REAUTHORIZATION OF PILOT PROGRAM FOR
AVAILABILITY OF WORKING-CAPITAL FUNDS FOR
PRODUCT IMPROVEMENTS.
(a) Expansion.--Section 330 of the National Defense Authorization
Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 68) is amended--
(1) in subsection (a), by inserting ``, the Secretary of the
Navy, and the Secretary of the Air Force (in this section
referred to as the `Secretary concerned')'' after ``the
Secretary of the Army'';
(2) in subsection (d)--
(A) by inserting ``by the Secretary concerned''
after ``submitted''; and
(B) by inserting ``by the Secretary concerned''
after ``used''; and
(3) in subsection (e)--
(A) in paragraph (1), by striking ``the Assistant
Secretary of the Army for Acquisition, Logistics, and
Technology, in consultation with the Assistant Secretary
of the Army for Financial Management and Comptroller,''
and inserting ``the Secretary concerned''; and
(B) in paragraph (2), by striking ``the Assistant
Secretary of the Army for Acquisition, Logistics, and
Technology'' and inserting ``the Secretary concerned''.
(b) Covered Product Improvements.--Subsection (b) of such section is
amended--
(1) by inserting ``retrofit, modernization, upgrade, or
rebuild of a'' before ``component''; and
(2) by striking ``reliability and maintainability'' and
inserting ``reliability, availability, and maintainability''.
(c) Limitation on Certain Projects.--Subsection (c)(1) of such
section is amended by striking ``performance envelope'' and inserting
``capability''.
(d) Reporting Requirement.--Subsection (e) of such section is
amended--
(1) in paragraph (2), by striking ``2012'' and inserting
``2017''; and
[[Page 126 STAT. 1698]]
(2) in paragraph (3), by striking ``60 days'' and inserting
``45 days''.
(e) Extension.--Subsection (f) of such section, as amended by
section 354 of the National Defense Authorization Act for Fiscal Year
2012 (Public Law 112-81; 125 Stat. 1377), is further amended by striking
``2014'' and inserting ``2018''.
(f) Clerical Amendment.--The heading of such section is amended by
striking ``to army''.
SEC. 333. DEPARTMENT OF DEFENSE NATIONAL STRATEGIC PORTS STUDY AND
COMPTROLLER GENERAL STUDIES AND REPORTS ON
STRATEGIC PORTS.
(a) Sense of Congress on Completion of DOD Report.--It is the sense
of Congress that the Secretary of Defense should expedite completion of
the study of strategic ports in the United States called for in the
conference report to accompany the National Defense Authorization Act
for Fiscal Year 2012 (Conference Report 112-329) so that it can be
submitted to Congress before December 31, 2012.
(b) Comptroller General Sufficiency Review.--
(1) Submission of dod report.--In addition to submitting the
report referred to in subsection (a) to Congress, the Secretary
of Defense shall submit the report to the Comptroller General of
the United States.
(2) Sufficiency review.--Not later than 90 days after
receiving the report under paragraph (1), the Comptroller
General shall--
(A) conduct a sufficiency review of the report; and
(B) submit to the congressional defense committees a
report containing the results of the review.
(c) Comptroller General Study and Report on Strategic Ports.--
(1) Study and report required.--Not later than 270 days
after the date of the enactment of this Act, the Comptroller
General shall--
(A) conduct a study of the programs and efforts of
the Department of Defense related to the state of
strategic ports with respect to the operational and
readiness requirements of the Department; and
(B) submit to the congressional defense committees a
report containing the findings of the study.
(2) Elements of study.--The study required by paragraph (1)
shall include an assessment of--
(A) the extent to which the facilities at strategic
ports meet the requirements of the Department of
Defense;
(B) the extent to which the Department has
identified gaps in the ability of existing strategic
ports to meet its needs and identified and undertaken
efforts to address any gaps; and
(C) the ability of the Department to oversee,
coordinate, and provide security for military
deployments through strategic ports.
(d) Strategic Port Defined.--In this section, the term ``strategic
port'' means a United States port designated by the Secretary of Defense
as a significant transportation hub important to the readiness and cargo
throughput capacity of the Department of Defense.
[[Page 126 STAT. 1699]]
Subtitle E--Reports
SEC. 341. ANNUAL REPORT ON DEPARTMENT OF DEFENSE LONG-TERM
CORROSION STRATEGY.
Section 2228(e) of title 10, United States Code, is amended--
(1) in paragraph (1)--
(A) in subparagraph (B), by inserting ``, including
available validated data on return on investment for
completed corrosion projects and activities'' after
``the strategy'';
(B) in subparagraph (E), by striking ``For the
fiscal year covered by the report and the preceding
fiscal year'' and inserting ``For the fiscal year
preceding the fiscal year covered by the report''; and
(C) by inserting at the end the following new
subparagraph:
``(F) For the fiscal year preceding the fiscal year covered
by the report, a description of the specific amount of funds
used for military corrosion projects, the Technical Corrosion
Collaboration pilot program, and other corrosion-related
activities.'';
(2) by striking paragraph (2); and
(3) by redesignating paragraph (3) as paragraph (2).
SEC. 342. REPORT ON JOINT STRATEGY FOR READINESS AND TRAINING IN A
C4ISR-DENIED ENVIRONMENT.
(a) Report Required.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense, in consultation with
the Chairman of the Joint Chiefs of Staff, shall submit to Congress a
report on the readiness of the joint force to conduct operations in
environments where there is no access to Command, Control,
Communications, Computers, Intelligence, Surveillance, and
Reconnaissance (in this section referred to as ``C4ISR'') systems,
including satellite communications, classified Internet protocol-based
networks, and the Global Positioning System (in this section referred to
as ``GPS'').
(b) Contents of Report.--The report required by subsection (a) shall
include a description of the steps taken and planned to be taken--
(1) to identify likely threats to the C4ISR systems of the
United States, including both weapons and those states with such
capabilities as well as the most likely areas in which C4ISR
systems could be at risk;
(2) to identify vulnerabilities to the C4ISR systems of the
United States that could result in a C4ISR-denied environment;
(3) to determine how the Armed Forces should respond in
order to reconstitute C4ISR systems, prevent further denial of
C4ISR systems, and develop counter-attack capabilities;
(4) to determine which types of joint operations could be
feasible in an environment in which access to C4ISR systems is
restricted or denied;
(5) to conduct training and exercises for sustaining combat
and logistics operations in C4ISR-denied environments; and
(6) to propose changes to current tactics, techniques, and
procedures to prepare to operate in an environment in which
C4ISR systems are degraded or denied for 48-hour, 7-day, 30-day,
or 60-day periods.
[[Page 126 STAT. 1700]]
(c) Joint Exercise Plan Required.--Based on the findings of the
report required by subsection (a), the Chairman of the Joint Chiefs of
Staff shall develop a roadmap and joint exercise plan for the joint
force to operate in an environment where access to C4ISR systems,
including satellite communications, classified Internet protocol-based
networks, and the GPS network, is denied. The plan and joint exercise
program shall include--
(1) the development of alternatives to satellite
communications, classified Internet protocol-based networks, and
GPS for logistics, intelligence, surveillance, reconnaissance,
and combat operations; and
(2) methods to mitigate dependency on satellite
communications, classified Internet protocol-based networks, and
GPS;
(3) methods to protect vulnerable satellite communications,
classified Internet protocol-based networks, and GPS; and
(4) a joint exercise and training plan to include fleet
battle experiments, to enable the force to operate in a
satellite communications, Internet protocol-based network, and
GPS-denied environment.
(d) Form of Report.--The report required to be submitted by
subsection (a) shall be submitted in unclassified form, but may include
a classified annex.
SEC. 343. COMPTROLLER GENERAL REVIEW OF ANNUAL DEPARTMENT OF
DEFENSE REPORT ON PREPOSITIONED MATERIEL
AND EQUIPMENT.
Section 2229a(b)(1) of title 10, United States Code, is amended--
(1) by striking ``By not later than 120 days after the date
on which a report is submitted under subsection (a), the'' and
inserting ``The''; and
(2) by striking ``the report'' and inserting ``each report
submitted under subsection (a)''.
SEC. 344. MODIFICATION OF REPORT ON MAINTENANCE AND REPAIR OF
VESSELS IN FOREIGN SHIPYARDS.
Section 7310(c) of title 10, United States Code, is amended--
(1) in paragraph (3)--
(A) in the matter preceding subparagraph (A), by
striking ``The report'' and inserting the following:
``Except as provided in paragraph (4), the report''; and
(B) in subparagraph (A), by inserting after
``justification under law'' the following: ``and
operational justification'';
(2) by redesignating paragraph (4) as paragraph (5);
(3) by inserting after paragraph (3) the following new
paragraph (4):
``(4) In the case of a covered vessel described in
subparagraph (C) of paragraph (5), the report shall not be
required to include the information described in subparagraphs
(A), (E), (F), (G), and (I) of paragraph (3).''; and
(4) in paragraph (5), as redesignated by paragraph (2) of
this section, by adding at the end the following new
subparagraph:
``(C) A vessel not described in subparagraph (A) or (B) that
is operated pursuant to a contract entered into by the Secretary
of the Navy and the Maritime Administration or
[[Page 126 STAT. 1701]]
the United States Transportation Command in support of
Department of Defense operations.''.
SEC. 345. EXTENSION OF DEADLINE FOR COMPTROLLER GENERAL REPORT ON
DEPARTMENT OF DEFENSE SERVICE CONTRACT
INVENTORY.
Section 803(c) of the National Defense Authorization Act for Fiscal
Year 2010 (Public Law 111-84; 123 Stat. 2402) is amended by striking
``180 days'' and inserting ``270 days''.
Subtitle F--Limitations and Extension of Authority
SEC. 351. REPEAL OF REDUNDANT AUTHORITY TO ENSURE INTEROPERABILITY
OF LAW ENFORCEMENT AND EMERGENCY RESPONDER
TRAINING.
Section 372 of title 10, United States Code, is amended--
(1) by striking ``(a) In General.--''; and
(2) by striking subsection (b).
SEC. 352. <<NOTE: 10 USC 221 note.>> AEROSPACE CONTROL ALERT
MISSION.
(a) Consolidated Budget Exhibit.--The Secretary of Defense shall
establish a consolidated budget justification display that fully
identifies the baseline aerospace control alert budget for each of the
military services and encompasses all programs and activities of the
aerospace control alert mission for each of the following functions:
(1) Procurement.
(2) Operation and maintenance.
(3) Research, development, testing, and evaluation.
(4) Military construction.
(b) Report.--
(1) Report to congress.--Not later than April 1, 2013, the
Secretary of Defense shall submit to the congressional defense
committees a report that provides a cost-benefit analysis and
risk-based assessment of the aerospace control alert mission as
it relates to expected future changes to the budget and force
structure of such mission.
(2) Comptroller general review.--Not later than 120 days
after the date on which the Secretary submits the report
required by paragraph (1), the Comptroller General of the United
States shall--
(A) conduct a review of the Department of Defense
cost-benefit analysis and risk-based assessment
contained in the report; and
(B) submit to the congressional defense committees a
report on the findings of such review.
(c) Sense of Congress on the Essential Service Provided by Air Force
Wings Performing Aerospace Control Alert Missions.--It is the sense of
Congress that Air Force wings performing the 24-hour aerospace control
alert missions provide an essential service in defending the sovereign
airspace of the United States in the aftermath of the terrorist attacks
upon the United States on September 11, 2001.
[[Page 126 STAT. 1702]]
SEC. 353. LIMITATION ON AUTHORIZATION OF APPROPRIATIONS FOR THE
NATIONAL MUSEUM OF THE UNITED STATES ARMY.
Of the amounts authorized to be appropriated for Operation and
Maintenance for fiscal year 2013, not more than $5,000,000 shall be made
available for the National Museum of the United States Army until the
Secretary of the Army submits to the congressional defense committees
certification in writing that sufficient private funding has been raised
to fund the construction of the portion of the museum known as the
``Baseline Museum'' and that at least 50 percent of the Baseline Museum
has been completed.
SEC. 354. LIMITATION ON AVAILABILITY OF FUNDS FOR RETIREMENT OR
INACTIVATION OF TICONDEROGA CLASS CRUISERS
OR DOCK LANDING SHIPS.
None of the funds authorized to be appropriated by this Act or
otherwise made available for fiscal year 2013 for the Department of
Defense may be obligated or expended to retire, prepare to retire,
inactivate, or place in storage a cruiser or dock landing ship.
SEC. 355. RENEWAL OF EXPIRED PROHIBITION ON RETURN OF VETERANS
MEMORIAL OBJECTS WITHOUT SPECIFIC
AUTHORIZATION IN LAW.
(a) Codification of Prohibition.--Section 2572 of title 10, United
States Code, is amended by adding at the end the following new
subsection:
``(e)(1) Except as provided in paragraph (3), and notwithstanding
this section or any other provision of law, the President may not
transfer a veterans memorial object to a foreign country or an entity
controlled by a foreign government, or otherwise transfer or convey such
an object to any person or entity for purposes of the ultimate transfer
or conveyance of the object to a foreign country or entity controlled by
a foreign government.
``(2) <<NOTE: Definitions.>> In this subsection:
``(A) The term `entity controlled by a foreign government'
has the meaning given that term in section 2536(c)(1) of this
title.
``(B) The term `veterans memorial object' means any object,
including a physical structure or portion thereof, that--
``(i) is located at a cemetery of the National
Cemetery System, war memorial, or military installation
in the United States;
``(ii) is dedicated to, or otherwise memorializes,
the death in combat or combat-related duties of members
of the armed forces; and
``(iii) was brought to the United States from abroad
as a memorial of combat abroad.
``(3) The prohibition imposed by paragraph (1) does not apply to a
transfer of a veterans memorial object if--
``(A) the transfer of that veterans memorial object is
specifically authorized by law; or
``(B) the transfer is made after September 30, 2017.''.
(b) Repeal of Obsolete Source Law.--Section 1051 of the National
Defense Authorization Act for Fiscal Year 2000 (Public Law 106-65; 10
U.S.C. 2572 note) is repealed.
[[Page 126 STAT. 1703]]
Subtitle G--National <<NOTE: National Commission on the Structure of the
Air Force Act of 2012.>> Commission on the Structure of the Air Force
SEC. 361. SHORT TITLE.
This subtitle may be cited as the ``National Commission on the
Structure of the Air Force Act of 2012''.
SEC. 362. ESTABLISHMENT OF COMMISSION.
(a) Establishment.--There is established the National Commission on
the Structure of the Air Force (in this subtitle referred to as the
``Commission'').
(b) Membership.--
(1) <<NOTE: Appointments. President. Congress.>>
Composition.--The Commission shall be composed of eight members,
of whom--
(A) four shall be appointed by the President;
(B) one shall be appointed by the Chairman of the
Committee on Armed Services of the Senate;
(C) one shall be appointed by the Ranking Member of
the Committee on Armed Services of the Senate;
(D) one shall be appointed by the Chairman of the
Committee on Armed Services of the House of
Representatives; and
(E) one shall be appointed by the Ranking Member of
the Committee on Armed Services of the House of
Representatives.
(2) Appointment date.--The appointments of the members of
the Commission shall be made not later than 90 days after the
date of the enactment of this Act.
(3) Effect of lack of appointment by appointment date.--If
one or more appointments under subparagraph (A) of paragraph (1)
is not made by the appointment date specified in paragraph (2),
the authority to make such appointment or appointments shall
expire, and the number of members of the Commission shall be
reduced by the number equal to the number of appointments so not
made. If an appointment under subparagraph (B), (C), (D), or (E)
of paragraph (1) is not made by the appointment date specified
in paragraph (2), the authority to make an appointment under
such subparagraph shall expire, and the number of members of the
Commission shall be reduced by the number equal to the number
otherwise appointable under such subparagraph.
(4) Expertise.--In making appointments under this
subsection, consideration should be given to individuals with
expertise in reserve forces policy.
(c) Period of Appointment; Vacancies.--Members shall be appointed
for the life of the Commission. Any vacancy in the Commission shall not
affect its powers, but shall be filled in the same manner as the
original appointment.
(d) <<NOTE: Deadline.>> Initial Meeting.--Not later than 30 days
after the date on which all members of the Commission have been
appointed, the Commission shall hold its first meeting.
(e) Meetings.--The Commission shall meet at the call of the Chair.
(f) Quorum.--A majority of the members of the Commission shall
constitute a quorum, but a lesser number of members may hold hearings.
[[Page 126 STAT. 1704]]
(g) Chair and Vice Chairman.--The Commission shall select a Chair
and Vice Chair from among its members.
SEC. 363. DUTIES OF THE COMMISSION.
(a) Study.--
(1) In general.--The Commission shall undertake a
comprehensive study of the structure of the Air Force to
determine whether, and how, the structure should be modified to
best fulfill current and anticipated mission requirements for
the Air Force in a manner consistent with available resources.
(2) Considerations.--In considering the structure of the Air
Force, the Commission shall give particular consideration to
evaluating a structure that--
(A) meets current and anticipated requirements of
the combatant commands;
(B) achieves an appropriate balance between the
regular and reserve components of the Air Force, taking
advantage of the unique strengths and capabilities of
each;
(C) ensures that the regular and reserve components
of the Air Force have the capacity needed to support
current and anticipated homeland defense and disaster
assistance missions in the United States;
(D) provides for sufficient numbers of regular
members of the Air Force to provide a base of trained
personnel from which the personnel of the reserve
components of the Air Force could be recruited;
(E) maintains a peacetime rotation force to support
operational tempo goals of 1:2 for regular members of
the Air Forces and 1:5 for members of the reserve
components of the Air Force; and
(F) maximizes and appropriately balances
affordability, efficiency, effectiveness, capability,
and readiness.
(b) Report.--Not later than February 1, 2014, the Commission shall
submit to the President and the congressional defense committees a
report which shall contain a detailed statement of the findings and
conclusions of the Commission as a result of the study required by
subsection (a), together with its recommendations for such legislation
and administrative actions it may consider appropriate in light of the
results of the study.
SEC. 364. POWERS OF THE COMMISSION.
(a) Hearings.--The Commission may hold such hearings, sit and act at
such times and places, take such testimony, and receive such evidence as
the Commission considers advisable to carry out this subtitle.
(b) Information From Federal Agencies.--The Commission may secure
directly from any Federal department or agency such information as the
Commission considers necessary to carry out this subtitle. Upon request
of the Chair of the Commission, the head of such department or agency
shall furnish such information to the Commission.
(c) Postal Services.--The Commission may use the United States mails
in the same manner and under the same conditions as other departments
and agencies of the Federal Government.
(d) Gifts.--The Commission may accept, use, and dispose of gifts or
donations of services or property.
[[Page 126 STAT. 1705]]
SEC. 365. COMMISSION PERSONNEL MATTERS.
(a) Compensation of Members.--Each member of the Commission who is
not an officer or employee of the Federal Government shall be
compensated at a rate equal to the daily equivalent of the annual rate
of basic pay prescribed for level IV of the Executive Schedule under
section 5315 of title 5, United States Code, for each day (including
travel time) during which such member is engaged in the performance of
the duties of the Commission. All members of the Commission who are
officers or employees of the United States shall serve without
compensation in addition to that received for their services as officers
or employees of the United States.
(b) Travel Expenses.--The members of the Commission shall be allowed
travel expenses, including per diem in lieu of subsistence, at rates
authorized for employees of agencies under subchapter I of chapter 57 of
title 5, United States Code, while away from their homes or regular
places of business in the performance of services for the Commission.
(c) Staff.--
(1) In general.--The Chair of the Commission may, without
regard to the civil service laws and regulations, appoint and
terminate an executive director and such other additional
personnel as may be necessary to enable the Commission to
perform its duties. The employment of an executive director
shall be subject to confirmation by the Commission.
(2) Compensation.--The Chair of the Commission may fix the
compensation of the executive director and other personnel
without regard to chapter 51 and subchapter III of chapter 53 of
title 5, United States Code, relating to classification of
positions and General Schedule pay rates, except that the rate
of pay for the executive director and other personnel may not
exceed the rate payable for level V of the Executive Schedule
under section 5316 of such title.
(d) Detail of Government Employees.--Any Federal Government employee
may be detailed to the Commission without reimbursement, and such detail
shall be without interruption or loss of civil service status or
privilege.
(e) Procurement of Temporary and Intermittent Services.--The Chair
of the Commission may procure temporary and intermittent services under
section 3109(b) of title 5, United States Code, at rates for individuals
which do not exceed the daily equivalent of the annual rate of basic pay
prescribed for level V of the Executive Schedule under section 5316 of
such title.
SEC. 366. TERMINATION OF THE COMMISSION.
The Commission shall terminate 90 days after the date on which the
Commission submits its report under section 363.
SEC. 367. FUNDING.
Amounts authorized to be appropriated for fiscal year 2013 and
available for operation and maintenance for the Air Force as specified
in the funding table in section 4301 may be available for the activities
of the Commission under this subtitle.
[[Page 126 STAT. 1706]]
Subtitle H--Other Matters
SEC. 371. MILITARY WORKING DOG MATTERS.
(a) Retirement of Military Working Dogs.--Section 2583 of title 10,
United States Code, is amended--
(1) by redesignating subsections (f) and (g) as subsections
(g) and (h), respectively; and
(2) by inserting after subsection (e) the following new
subsection (f):
``(f) Transfer of Retired Military Working Dogs.--If the Secretary
of the military department concerned determines that a military working
dog should be retired, and no suitable adoption is available at the
military facility where the dog is located, the Secretary may transfer
the dog--
``(1) to the 341st Training Squadron; or
``(2) to another location for adoption under this
section.''.
(b) Veterinary Care for Retired Military Working Dogs.--
(1) In general.--Chapter 50 of title 10, United States Code,
is amended by adding at the end the following new section:
``Sec. 994. <<NOTE: 10 USC 994.>> Military working dogs:
veterinary care for retired military working dogs
``(a) In General.--The Secretary of Defense may establish and
maintain a system to provide for the veterinary care of retired military
working dogs. No funds may be provided by the Federal Government for
this purpose.
``(b) Eligible Dogs.--A retired military working dog eligible for
veterinary care under this section is any military working dog adopted
under section 2583 of this title.
``(c) Standards of Care.--The veterinary care provided under the
system authorized by this section shall meet such standards as the
Secretary shall establish and from time to time update.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 50 of such title is <<NOTE: 10 USC prec.
991.>> amended by adding at the end the following new item:
``994. Military working dogs: veterinary care for retired military
working dogs.''.
SEC. 372. COMPTROLLER GENERAL REVIEW OF HANDLING, LABELING, AND
PACKAGING PROCEDURES FOR HAZARDOUS
MATERIAL SHIPMENTS.
(a) Comptroller General Review.--The Comptroller General of the
United States shall conduct a review of the policies and procedures of
the Department of Defense for the handling, labeling, and packaging of
hazardous material shipments.
(b) Matters Included.--The review conducted under subsection (a)
shall address the following:
(1) The relevant statutes, regulations, and guidance and
policies of the Department of Defense pertaining to the
handling, labeling, and packaging procedures of hazardous
material shipments to support military operations.
(2) The extent to which such guidance, policies, and
procedures contribute to the safe, timely, and cost-effective
handling of such material.
(3) The extent to which discrepancies in Department of
Transportation guidance, policies, and procedures pertaining
[[Page 126 STAT. 1707]]
to handling, labeling, and packaging of hazardous material
shipments in commerce and similar Department of Defense
guidance, policies, and procedures pertaining to the handling,
labeling, and packaging of hazardous material shipments impact
the safe, timely, and cost-effective handling of such material.
(4) Any additional matters that the Comptroller General
determines will further inform the appropriate congressional
committees on issues related to the handling, labeling, and
packaging procedures for hazardous material shipments to members
of the Armed Forces worldwide.
(c) Report.--Not later than one year after the date of the enactment
of this Act, the Comptroller General shall submit to the appropriate
congressional committees a report of the review conducted under
subsection (a).
(d) <<NOTE: Definition.>> Appropriate Congressional Committees.--In
this section, the term ``appropriate congressional committees'' means
the following:
(1) The congressional defense committees.
(2) The Committee on Transportation and Infrastructure of
the House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate.
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Active Forces
Sec. 401. End strengths for active forces.
Sec. 402. Revision in permanent active duty end strength minimum levels.
Sec. 403. Annual limitation on end strength reductions for regular
component of the Army and Marine Corps.
Sec. 404. Additional Marine Corps personnel for the Marine Corps
Security Guard Program.
Subtitle B--Reserve Forces
Sec. 411. End strengths for Selected Reserve.
Sec. 412. End strengths for Reserves on active duty in support of the
reserves.
Sec. 413. End strengths for military technicians (dual status).
Sec. 414. Fiscal year 2013 limitation on number of non-dual status
technicians.
Sec. 415. Maximum number of reserve personnel authorized to be on active
duty for operational support.
Subtitle C--Authorization of Appropriations
Sec. 421. Military personnel.
Subtitle A--Active Forces
SEC. 401. END STRENGTHS FOR ACTIVE FORCES.
The Armed Forces are authorized strengths for active duty personnel
as of September 30, 2013, as follows:
(1) The Army, 552,100.
(2) The Navy, 322,700.
(3) The Marine Corps, 197,300.
(4) The Air Force, 329,460.
[[Page 126 STAT. 1708]]
SEC. 402. REVISION IN PERMANENT ACTIVE DUTY END STRENGTH MINIMUM
LEVELS.
(a) Minimum End Strength.--Subsection (b) of section 691 of title
10, United States Code, is amended by striking paragraphs (1) through
(4) and inserting the following new paragraphs:
``(1) For the Army, 542,700.
``(2) For the Navy, 322,700.
``(3) For the Marine Corps, 193,500.
``(4) For the Air Force, 329,460.''.
(b) Limited Reduction Authority.--Such section is further amended by
inserting after subsection (d) the following new subsection:
``(e) The Secretary of Defense may reduce a number specified in
subsection (b) by not more than 0.5 percent.''.
SEC. 403. ANNUAL LIMITATION ON END STRENGTH REDUCTIONS FOR REGULAR
COMPONENT OF THE ARMY AND MARINE CORPS.
(a) Annual Limitation on Army End Strength Reductions.--The end
strength of the regular component of the Army shall not be reduced by
more than 15,000 members during each of fiscal years 2014 through 2017
from the end strength of the regular component of the Army at the end of
the preceding fiscal year.
(b) Annual Limitation on Marine Corps End Strength Reductions.--The
end strength of the regular component of the Marine Corps shall not be
reduced by more than 5,000 members during each of fiscal years 2014
through 2017 from the end strength of the regular component of the
Marine Corps at the end of the preceding fiscal year.
SEC. 404. <<NOTE: 10 USC 5983 note.>> ADDITIONAL MARINE CORPS
PERSONNEL FOR THE MARINE CORPS SECURITY
GUARD PROGRAM.
(a) Additional Personnel.--
(1) <<NOTE: Plans.>> In general.--The Secretary of Defense
shall develop and implement a plan to increase the number of
members of the Marine Corps assigned to the Marine Corps Embassy
Security Group at Quantico, Virginia, and Marine Security Group
Regional Commands and Marine Security Group detachments at
United States embassies, consulates, and other diplomatic
facilities by up to 1,000 Marines.
(2) Purpose.--The purpose of the increase under paragraph
(1) is to provide the additional end strength and the resources
necessary to support enhanced Marine Corps security at United
States embassies, consulates, and other diplomatic facilities,
particularly at locations identified by the Secretary of State
as in need of additional security because of threats to United
States personnel and property.
(b) Consultation.--The Secretary of Defense shall develop and
implement the plan required by subsection (a) in consultation with the
Secretary of State pursuant to the responsibility of the Secretary of
State for diplomatic security under section 103 of the Diplomatic
Security Act (22 U.S.C. 4802), and in accordance with any current
memorandum of understanding between the Department of State and the
Marine Corps on the operational and administrative supervision of the
Marine Corps Security Guard Program.
[[Page 126 STAT. 1709]]
(c) Supporting Information for Budget Requests.--The material
submitted in support of the budget of the President for each fiscal year
after fiscal year 2013, as submitted to Congress pursuant to section
1105(a) of title 31, United States Code, shall include the following
with regard to the Marine Corps Security Guard Program:
(1) A description of the expanded security support to be
provided by Marine Corps Security Guards to the Department of
State during that fiscal year, including--
(A) any increased internal security to be provided
at United States embassies, consulates, and other
diplomatic facilities;
(B) any increased support for emergency action
planning, training, and advising of host nation security
forces; and
(C) any expansion of intelligence collection
activities.
(2) A description of the current status of Marine Corps
personnel assigned to the Marine Corps Security Guard Program as
a result of the plan required by subsection (a).
(3) A description of the Department of Defense resources
required during that fiscal year for the Marine Corps Security
Guard Program, including total funding for personnel, operation
and maintenance, and procurement, and for key supporting
programs to enable both the current and expanded Program mission
during that fiscal year.
(d) Preservation of Funding for Marine Corps Under National Military
Strategy.--In <<NOTE: President.>> determining the amounts to be
requested for each fiscal year after fiscal year 2013 for the Marine
Corps Security Guard Program and for additional personnel under the
Program, the President shall ensure that amounts requested for the
Marine Corps for that fiscal year do not degrade the readiness of the
Marine Corps to fulfill the requirements of the National Military
Strategy prescribed by the Chairman of the Joint Chiefs of Staff.
(e) Reporting Requirements.--
(1) Mission assessment.--Not later than October 1, 2013, the
Secretary of Defense shall--
(A) conduct an assessment of the mission of the
Marine Corps Security Guard Program and the procedural
rules of engagement under the Program, in light of
current and emerging threats to United States diplomatic
personnel; and
(B) submit to Congress a report on the assessment,
including a description and assessment of options to
improve the Program to respond to such threats.
(2) <<NOTE: President. Determination.>> Notification of
changes in scope of program in response to changing threats.--If
the President determines that a modification (whether an
increase or a decrease) in the scope of the Marine Corps
Security Guard Program is necessary or advisable in light of any
change in the nature of threats to United States embassies,
consulates, and other diplomatic facilities abroad, the
President shall--
(A) notify Congress of such modification and the
change in the nature of threats prompting such
modification; and
(B) take such modification into account in
requesting an end strength and funds for the Program for
any fiscal year in which such modification is in effect.
[[Page 126 STAT. 1710]]
Subtitle B--Reserve Forces
SEC. 411. END STRENGTHS FOR SELECTED RESERVE.
(a) In General.--The Armed Forces are authorized strengths for
Selected Reserve personnel of the reserve components as of September 30,
2013, as follows:
(1) The Army National Guard of the United States, 358,200.
(2) The Army Reserve, 205,000.
(3) The Navy Reserve, 62,500.
(4) The Marine Corps Reserve, 39,600.
(5) The Air National Guard of the United States, 105,700.
(6) The Air Force Reserve, 70,880.
(7) The Coast Guard Reserve, 9,000.
(b) End Strength Reductions.--The end strengths prescribed by
subsection (a) for the Selected Reserve of any reserve component shall
be proportionately reduced by--
(1) the total authorized strength of units organized to
serve as units of the Selected Reserve of such component which
are on active duty (other than for training) at the end of the
fiscal year; and
(2) the total number of individual members not in units
organized to serve as units of the Selected Reserve of such
component who are on active duty (other than for training or for
unsatisfactory participation in training) without their consent
at the end of the fiscal year.
(c) End Strength Increases.--Whenever units or individual members of
the Selected Reserve of any reserve component are released from active
duty during any fiscal year, the end strength prescribed for such fiscal
year for the Selected Reserve of such reserve component shall be
increased proportionately by the total authorized strengths of such
units and by the total number of such individual members.
SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE DUTY IN SUPPORT OF
THE RESERVES.
Within the end strengths prescribed in section 411(a), the reserve
components of the Armed Forces are authorized, as of September 30, 2013,
the following number of Reserves to be serving on full-time active duty
or full-time duty, in the case of members of the National Guard, for the
purpose of organizing, administering, recruiting, instructing, or
training the reserve components:
(1) The Army National Guard of the United States, 32,060.
(2) The Army Reserve, 16,277.
(3) The Navy Reserve, 10,114.
(4) The Marine Corps Reserve, 2,261.
(5) The Air National Guard of the United States, 14,765.
(6) The Air Force Reserve, 2,888.
SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS (DUAL STATUS).
The minimum number of military technicians (dual status) as of the
last day of fiscal year 2013 for the reserve components of the Army and
the Air Force (notwithstanding section 129 of title 10, United States
Code) shall be the following:
(1) For the Army National Guard of the United States,
27,210.
(2) For the Army Reserve, 8,395.
[[Page 126 STAT. 1711]]
(3) For the Air National Guard of the United States, 22,180.
(4) For the Air Force Reserve, 10,400.
SEC. 414. FISCAL YEAR 2013 LIMITATION ON NUMBER OF NON-DUAL STATUS
TECHNICIANS.
(a) Limitations.--
(1) National guard.--Within the limitation provided in
section 10217(c)(2) of title 10, United States Code, the number
of non-dual status technicians employed by the National Guard as
of September 30, 2013, may not exceed the following:
(A) For the Army National Guard of the United
States, 1,600.
(B) For the Air National Guard of the United States,
350.
(2) Army reserve.--The number of non-dual status technicians
employed by the Army Reserve as of September 30, 2013, may not
exceed 595.
(3) Air force reserve.--The number of non-dual status
technicians employed by the Air Force Reserve as of September
30, 2013, may not exceed 90.
(b) Non-dual Status Technicians Defined.--In this section, the term
``non-dual status technician'' has the meaning given that term in
section 10217(a) of title 10, United States Code.
SEC. 415. MAXIMUM NUMBER OF RESERVE PERSONNEL AUTHORIZED TO BE ON
ACTIVE DUTY FOR OPERATIONAL SUPPORT.
During fiscal year 2013, the maximum number of members of the
reserve components of the Armed Forces who may be serving at any time on
full-time operational support duty under section 115(b) of title 10,
United States Code, is the following:
(1) The Army National Guard of the United States, 17,000.
(2) The Army Reserve, 13,000.
(3) The Navy Reserve, 6,200.
(4) The Marine Corps Reserve, 3,000.
(5) The Air National Guard of the United States, 16,000.
(6) The Air Force Reserve, 14,000.
Subtitle C--Authorization of Appropriations
SEC. 421. MILITARY PERSONNEL.
(a) Authorization of Appropriations.--Funds are hereby authorized to
be appropriated for fiscal year 2013 for the use of the Armed Forces and
other activities and agencies of the Department of Defense for expenses,
not otherwise provided for, for military personnel, as specified in the
funding table in section 4401.
(b) Construction of Authorization.--The authorization of
appropriations in subsection (a) supersedes any other authorization of
appropriations (definite or indefinite) for such purpose for fiscal year
2013.
[[Page 126 STAT. 1712]]
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--Officer Personnel Policy Generally
Sec. 501. Limitation on number of Navy flag officers on active duty.
Sec. 502. Reinstatement of authority for enhanced selective early
retirement boards and early discharges.
Sec. 503. Modification of definition of joint duty assignment to include
all instructor assignments for joint training and education.
Sec. 504. Exception to required retirement after 30 years of service for
Regular Navy warrant officers in the grade of Chief Warrant
Officer, W-5.
Sec. 505. Extension of temporary authority to reduce minimum length of
active service as a commissioned officer required for
voluntary retirement as an officer.
Sec. 506. Temporary increase in the time-in-grade retirement waiver
limitation for lieutenant colonels and colonels in the Army,
Air Force, and Marine Corps and commanders and captains in
the Navy.
Sec. 507. Modification to limitations on number of officers for whom
service-in-grade requirements may be reduced for retirement
in grade upon voluntary retirement.
Sec. 508. Air Force Chief of Chaplains.
Subtitle B--Reserve Component Management
Sec. 511. Codification of staff assistant positions for Joint Staff
related to National Guard and Reserve matters.
Sec. 512. Automatic Federal recognition of promotion of certain National
Guard warrant officers.
Sec. 513. Availability of Transition Assistance Advisors to assist
members of reserve components who serve on active duty for
more than 180 consecutive days.
Subtitle C--General Service Authorities
Sec. 518. Authority for additional behavioral health professionals to
conduct pre-separation medical exams for post-traumatic
stress disorder.
Sec. 519. Diversity in the Armed Forces and related reporting
requirements.
Sec. 520. Limitation on reduction in number of military and civilian
personnel assigned to duty with service review agencies.
Sec. 521. Extension of temporary increase in accumulated leave carryover
for members of the Armed Forces.
Sec. 522. Modification of authority to conduct programs on career
flexibility to enhance retention of members of the Armed
Forces.
Sec. 523. Prohibition on waiver for commissioning or enlistment in the
Armed Forces for any individual convicted of a felony sexual
offense.
Sec. 524. Quality review of Medical Evaluation Boards, Physical
Evaluation Boards, and Physical Evaluation Board Liaison
Officers.
Sec. 525. Reports on involuntary separation of members of the Armed
Forces.
Sec. 526. Report on feasibility of developing gender-neutral
occupational standards for military occupational specialties
currently closed to women.
Sec. 527. Report on education and training and promotion rates for
pilots of remotely piloted aircraft.
Sec. 528. Impact of numbers of members within the Integrated Disability
Evaluation System on readiness of Armed Forces to meet
mission requirements.
Subtitle D--Military Justice and Legal Matters
Sec. 531. Clarification and enhancement of the role of Staff Judge
Advocate to the Commandant of the Marine Corps.
Sec. 532. Additional information in reports on annual surveys of the
Committee on the Uniform Code of Military Justice.
Sec. 533. Protection of rights of conscience of members of the Armed
Forces and chaplains of such members.
Sec. 534. Reports on hazing in the Armed Forces.
Subtitle E--Member Education and Training Opportunities and
Administration
Sec. 541. Transfer of Troops-to-Teachers Program from Department of
Education to Department of Defense and enhancements to the
Program.
Sec. 542. Support of Naval Academy athletic and physical fitness
programs.
Sec. 543. Expansion of Department of Defense pilot program on receipt of
civilian credentialing for military occupational specialty
skills.
[[Page 126 STAT. 1713]]
Sec. 544. State consideration of military training in granting certain
State certifications and licenses as a condition on the
receipt of funds for veterans employment and training.
Sec. 545. Department of Defense review of access to military
installations by representatives of institutions of higher
education.
Sec. 546. Report on Department of Defense efforts to standardize
educational transcripts issued to separating members of the
Armed Forces.
Sec. 547. Comptroller General of the United States reports on joint
professional military education matters.
Subtitle F--Reserve Officers' Training Corps and Related Matters
Sec. 551. Repeal of requirement for eligibility for in-State tuition of
at least 50 percent of participants in Senior Reserve
Officers' Training Corps program.
Sec. 552. Consolidation of military department authority to issue arms,
tentage, and equipment to educational institutions not
maintaining units of Junior Reserve Officers' Training Corps.
Sec. 553. Modification of requirements on plan to increase the number of
units of the Junior Reserve Officers' Training Corps.
Sec. 554. Comptroller General report on Reserve Officers' Training Corps
programs.
Subtitle G--Defense Dependents' Education and Military Family Readiness
Sec. 561. Continuation of authority to assist local educational agencies
that benefit dependents of members of the Armed Forces and
Department of Defense civilian employees.
Sec. 562. Impact aid for children with severe disabilities.
Sec. 563. Amendments to the Impact Aid program.
Sec. 564. Transitional compensation for dependent children who are
carried during pregnancy at time of dependent-abuse offense
committed by an individual while a member of the Armed
Forces.
Sec. 565. Modification of authority to allow Department of Defense
domestic dependent elementary and secondary schools to enroll
certain students.
Sec. 566. Noncompetitive appointment authority regarding certain
military spouses.
Sec. 567. Report on future of family support programs of the Department
of Defense.
Sec. 568. Sense of Congress regarding support for Yellow Ribbon Day.
Subtitle H--Improved Sexual Assault Prevention and Response in the Armed
Forces
Sec. 570. Armed Forces Workplace and Gender Relations Surveys.
Sec. 571. Authority to retain or recall to active duty reserve component
members who are victims of sexual assault while on active
duty.
Sec. 572. Additional elements in comprehensive Department of Defense
policy on sexual assault prevention and response.
Sec. 573. Establishment of special victim capabilities within the
military departments to respond to allegations of certain
special victim offenses.
Sec. 574. Enhancement to training and education for sexual assault
prevention and response.
Sec. 575. Modification of annual Department of Defense reporting
requirements regarding sexual assaults.
Sec. 576. Independent reviews and assessments of Uniform Code of
Military Justice and judicial proceedings of sexual assault
cases.
Sec. 577. Retention of certain forms in connection with Restricted
Reports on sexual assault at request of the member of the
Armed Forces making the report.
Sec. 578. General or flag officer review of and concurrence in
separation of members of the Armed Forces making an
Unrestricted Report of sexual assault.
Sec. 579. Department of Defense policy and plan for prevention and
response to sexual harassment in the Armed Forces.
Subtitle I--Suicide Prevention and Resilience
Sec. 580. Enhancement of oversight and management of Department of
Defense suicide prevention and resilience programs.
Sec. 581. Reserve component suicide prevention and resilience program.
Sec. 582. Comprehensive policy on prevention of suicide among members of
the Armed Forces.
Sec. 583. Study of resilience programs for members of the Army.
Subtitle J--Other Matters
Sec. 584. Issuance of prisoner-of-war medal.
[[Page 126 STAT. 1714]]
Sec. 585. Technical amendments relating to the termination of the Armed
Forces Institute of Pathology under defense base closure and
realignment.
Sec. 586. Modification of requirement for reports in Federal Register on
institutions of higher education ineligible for contracts and
grants for denial of ROTC or military recruiter access to
campus.
Sec. 587. Acceptance of gifts and services related to educational
activities and voluntary services to account for missing
persons.
Sec. 588. Display of State, District of Columbia, commonwealth, and
territorial flags by the Armed Forces.
Sec. 589. Enhancement of authorities on admission of defense industry
civilians to certain Department of Defense educational
institutions and programs.
Sec. 590. Extension of authorities to carry out a program of referral
and counseling services to veterans at risk of homelessness
who are transitioning from certain institutions.
Sec. 591. Inspection of military cemeteries under the jurisdiction of
Department of Defense.
Sec. 592. Report on results of investigations and reviews conducted with
respect to Port Mortuary Division of the Air Force Mortuary
Affairs Operations Center at Dover Air Force Base.
Sec. 593. Preservation of editorial independence of Stars and Stripes.
Sec. 594. National public awareness and participation campaign for
Veterans' History Project of American Folklife Center.
Sec. 595. Report on accuracy of data in the Defense Enrollment
Eligibility Reporting System.
Sec. 596. Sense of Congress that the bugle call commonly known as Taps
should be designated as the National Song of Military
Remembrance.
Subtitle A--Officer Personnel Policy Generally
SEC. 501. LIMITATION ON NUMBER OF NAVY FLAG OFFICERS ON ACTIVE
DUTY.
(a) Additional Flag Officer Authorized.--Section 526(a)(2) of title
10, United States Code, is amended by striking ``160'' and inserting
``162''.
(b) Corresponding Change in Computing Number of Flag Officers in
Staff Corps of the Navy.--Section 5150(c) of such title is amended by
striking the last sentence.
(c) Modification of Effective Date of Certain Reforms of the
Strength and Distribution Limitations Applicable to Marine Corps General
Officers.--Paragraph (3) of section 502(b) of the National Defense
Authorization Act for Fiscal Year 2012 (Public Law 112-81; 125 Stat.
1387; 10 U.S.C. 525 note) is amended to read as follows:
``(3) Effective dates.--
``(A) In general.--Except as provided in
subparagraph (B), the amendments made by this subsection
shall take effect on October 1, 2013.
``(B) Marine corps officers.--The amendments made by
paragraphs (1)(A)(iv) and (2)(D) shall take effect on
October 1, 2012.''.
SEC. 502. REINSTATEMENT OF AUTHORITY FOR ENHANCED SELECTIVE EARLY
RETIREMENT BOARDS AND EARLY DISCHARGES.
Section 638a of title 10 United States Code, is amended--
(1) in subsection (a)--
(A) by inserting ``(1)'' after ``(a)'';
(B) by striking ``, during the period beginning on
October 1, 1990,'' and all that follows through
``December 31, 2012,''; and
(C) by adding at the end the following new
paragraph:
[[Page 126 STAT. 1715]]
``(2) <<NOTE: Expiration date.>> Any authority provided to the
Secretary of a military department under paragraph (1) shall expire on
the date specified by the Secretary of Defense, but such expiration date
may not be later than December 31, 2018.'';
(2) in subsection (b), by striking paragraph (3) and
redesignating paragraph (4) as paragraph (3);
(3) in subsection (c), by adding at the end the following
new paragraph:
``(4) <<NOTE: Waiver authority.>> In the case of an action under
subsection (b)(2), the Secretary of Defense may also authorize the
Secretary of the military department concerned to waive the five-year
period specified in section 638(c) of this title if the Secretary of
Defense determines that it is necessary for the Secretary of that
military department to have such authority in order to meet mission
needs.''; and
(4) in subsection (d)--
(A) by striking ``subsection (b)(4)'' each place it
appears and inserting ``subsection (b)(3)''; and
(B) in paragraph (2), by striking ``except that
during the period beginning on October 1, 2006, and
ending on December 31, 2012,'' in subparagraphs (A) and
(B) and inserting ``except that through December 31,
2018,''.
SEC. 503. MODIFICATION OF DEFINITION OF JOINT DUTY ASSIGNMENT TO
INCLUDE ALL INSTRUCTOR ASSIGNMENTS FOR
JOINT TRAINING AND EDUCATION.
Section 668(b)(1)(B) of title 10, United States Code, is amended by
striking ``assignments for joint'' and all that follows through ``Phase
II'' and inserting ``student assignments for joint training and
education''.
SEC. 504. EXCEPTION TO REQUIRED RETIREMENT AFTER 30 YEARS OF
SERVICE FOR REGULAR NAVY WARRANT OFFICERS
IN THE GRADE OF CHIEF WARRANT OFFICER, W-
5.
Section 1305(a) of title 10, United States Code, is amended--
(1) in paragraph (1)--
(A) by striking ``A regular warrant officer (other
than a regular Army warrant officer)'' and inserting
``Subject to paragraphs (2) and (3), a regular warrant
officer''; and
(B) by striking ``he'' and inserting ``the
officer''; and
(2) by adding at the end the following new paragraph:
``(3) In the case of a regular Navy warrant officer in the grade of
chief warrant officer, W-5, the officer shall be retired 60 days after
the date on which the officer completes 33 years of total active
service.''.
SEC. 505. EXTENSION OF TEMPORARY AUTHORITY TO REDUCE MINIMUM
LENGTH OF ACTIVE SERVICE AS A COMMISSIONED
OFFICER REQUIRED FOR VOLUNTARY RETIREMENT
AS AN OFFICER.
(a) Army.--Section 3911(b)(2) of title 10, United States Code, is
amended by striking ``September 30, 2013'' and inserting ``September 30,
2018''.
(b) Navy and Marine Corps.--Section 6323(a)(2)(B) of such title is
amended by striking ``September 30, 2013'' and inserting ``September 30,
2018''.
(c) Air Force.--Section 8911(b)(2) of such title is amended by
striking ``September 30, 2013'' and inserting ``September 30, 2018''.
[[Page 126 STAT. 1716]]
SEC. 506. TEMPORARY INCREASE IN THE TIME-IN-GRADE RETIREMENT
WAIVER LIMITATION FOR LIEUTENANT COLONELS
AND COLONELS IN THE ARMY, AIR FORCE, AND
MARINE CORPS AND COMMANDERS AND CAPTAINS
IN THE NAVY.
Section 1370(a)(2)(F) of title 10, United States Code, is amended--
(1) by striking ``the period ending on December 31, 2007''
and inserting ``fiscal years 2013 through 2018'';
(2) by striking ``Air Force'' and inserting ``Army, Air
Force, and Marine Corps''; and
(3) by striking ``in the period''.
SEC. 507. MODIFICATION TO LIMITATIONS ON NUMBER OF OFFICERS FOR
WHOM SERVICE-IN-GRADE REQUIREMENTS MAY BE
REDUCED FOR RETIREMENT IN GRADE UPON
VOLUNTARY RETIREMENT.
Section 1370(a)(2) of title 10, United States Code, is amended--
(1) in subparagraph (E)--
(A) by inserting ``(i)'' after ``exceed''; and
(B) by inserting before the period at the end the
following: ``or (ii) in the case of officers of that
armed force in a grade specified in subparagraph (G),
two officers, whichever number is greater''; and
(2) by adding at the end the following new subparagraph:
``(G) Notwithstanding subparagraph (E), during fiscal years 2013
through 2017, the total number of brigadier generals and major generals
of the Army, Air Force, and Marine Corps, and the total number of rear
admirals (lower half) and rear admirals of the Navy, for whom a
reduction is made under this section during any fiscal year of service-
in-grade otherwise required under this paragraph may not exceed 10
percent of the authorized active-duty strength for that fiscal year for
officers of that armed force in those grades.''.
SEC. 508. AIR FORCE CHIEF OF CHAPLAINS.
(a) Establishment of Positions; Appointment.--Chapter 805 of title
10, United States Code, is amended by adding at the end the following
new section:
``Sec. 8039. <<NOTE: 10 USC 8039.>> Chief of Chaplains:
appointment; duties
``(a) <<NOTE: President.>> Chief of Chaplains.--(1) There is a
Chief of Chaplains in the Air Force, appointed by the President, by and
with the advice and consent of the Senate, from officers of the Air
Force designated under section 8067(h) of this title as chaplains who--
``(A) are serving in the grade of colonel or above;
``(B) are serving on active duty; and
``(C) have served on active duty as a chaplain for at least
eight years.
``(2) An officer appointed as the Chief of Chaplains shall be
appointed for a term of three years. However, the President may
terminate or extend the appointment at any time.
``(3) The Chief of Chaplains shall perform such duties as may be
prescribed by the Secretary of the Air Force and by law.
``(b) <<NOTE: Regulations.>> Selection Board.--Under regulations
approved by the Secretary of Defense, the Secretary of the Air Force, in
selecting an officer for recommendation to the President for appointment
as the Chief of Chaplains, shall ensure that the officer selected
[[Page 126 STAT. 1717]]
is recommended by a board of officers that, insofar as practicable, is
subject to the procedures applicable to the selection boards convened
under chapter 36 of this title.
``(c) Grade.--An officer appointed as Chief of Chaplains who holds a
lower regular grade may be appointed in the regular grade of major
general.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is <<NOTE: 10 USC prec. 8031.>> amended by adding at the
end the following new item:
``8039. Chief of Chaplains: appointment; duties.''.
Subtitle B--Reserve Component Management
SEC. 511. CODIFICATION OF STAFF ASSISTANT POSITIONS FOR JOINT
STAFF RELATED TO NATIONAL GUARD AND
RESERVE MATTERS.
(a) Codification of Existing Positions.--Chapter 5 of title 10,
United States Code, is amended by inserting after section 155 the
following new section:
``Sec. 155a. <<NOTE: 10 USC 155a.>> Assistants to the Chairman of
the Joint Chiefs of Staff for National Guard
matters and Reserve matters
``(a) Establishment of Positions.--The Secretary of Defense shall
establish the following positions within the Joint Staff:
``(1) Assistant to the Chairman of the Joint Chiefs of Staff
for National Guard Matters.
``(2) Assistant to the Chairman of the Joint Chiefs of Staff
for Reserve Matters.
``(b) Selection.--(1) The Assistant to the Chairman of the Joint
Chiefs of Staff for National Guard Matters shall be selected by the
Chairman from officers of the Army National Guard of the United States
or the Air Guard of the United States who--
``(A) are recommended for such selection by their respective
Governors or, in the case of the District of Columbia, the
commanding general of the District of Columbia National Guard;
``(B) have had at least 10 years of federally recognized
commissioned service in the National Guard and significant joint
duty experience, as determined by the Chairman; and
``(C) are in a grade above the grade of colonel.
``(2) The Assistant to the Chairman of the Joint Chiefs of Staff for
Reserve Matters shall be selected by the Chairman from officers of the
Army Reserve, the Navy Reserve, the Marine Corps Reserve, or the Air
Force Reserve who--
``(A) are recommended for such selection by the Secretary of
the military department concerned;
``(B) have had at least 10 years of commissioned service in
their reserve component and significant joint duty experience,
as determined by the Chairman; and
``(C) are in a grade above the grade of colonel or, in the
case of the Navy Reserve, captain.
``(c) Term of Office.--Each Assistant to the Chairman of the Joint
Chiefs of Staff under subsection (a) serves at the pleasure
[[Page 126 STAT. 1718]]
of the Chairman for a term of two years and may be continued in that
assignment in the same manner for one additional term. However, in time
of war there is no limit on the number of terms.
``(d) Grade.--Each Assistant to the Chairman of the Joint Chiefs of
Staff under subsection (a), while so serving, holds the grade of major
general or, in the case of the Navy Reserve, rear admiral. Each such
officer shall be considered to be serving in a position covered by the
limited exclusion from the authorized strength of general officers and
flag officers on active duty provided by section 526(b) of this title.
``(e) Duties.--(1) The Assistant to the Chairman of the Joint Chiefs
of Staff for National Guard Matters is an adviser to the Chairman on
matters relating to the National Guard and performs the duties
prescribed for that position by the Chairman.
``(2) The Assistant to the Chairman of the Joint Chiefs of Staff for
Reserve Matters is an adviser to the Chairman on matters relating to the
reserves and performs the duties prescribed for that position by the
Chairman.
``(f) Other Reserve Component Representation on Joint Staff.--The
Secretary of Defense, in consultation with the Chairman of the Joint
Chiefs of Staff, shall develop appropriate policy guidance to ensure
that, to the maximum extent practicable, the level of representation of
reserve component officers on the Joint Staff is commensurate with the
significant role of the reserve components within the armed forces.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is <<NOTE: 10 USC prec. 151.>> amended by inserting after
the item related to section 155 the following new item:
``155a. Assistants to the Chairman of the Joint Chiefs of Staff for
National Guard matters and Reserve matters.''.
(c) Repeal of Superseded Law.--Section 901 of the National Defense
Authorization Act for Fiscal Year 1998 (Public Law 105-85; 10 U.S.C. 155
note) is repealed.
SEC. 512. AUTOMATIC FEDERAL RECOGNITION OF PROMOTION OF CERTAIN
NATIONAL GUARD WARRANT OFFICERS.
Section 310(a) of title 32, United States Code, is amended--
(1) by inserting ``(1)'' before ``Notwithstanding''; and
(2) by adding at the end the following new paragraph:
``(2) Notwithstanding sections 307 and 309 of this title, if a
warrant officer, W-1, of the National Guard is promoted to the grade of
chief warrant officer, W-2, to fill a vacancy in a federally recognized
unit in the National Guard, Federal recognition is automatically
extended to that officer in the grade of chief warrant officer, W-2,
effective as of the date on which that officer has completed the service
in the grade prescribed by the Secretary concerned under section 12242
of title 10, if the warrant officer has remained in an active status
since the warrant officer was so recommended.''.
SEC. 513. <<NOTE: 10 USC 12681.>> AVAILABILITY OF TRANSITION
ASSISTANCE ADVISORS TO ASSIST MEMBERS OF
RESERVE COMPONENTS WHO SERVE ON ACTIVE
DUTY FOR MORE THAN 180 CONSECUTIVE DAYS.
(a) Transition Assistance Advisor Program Authorized.--The Chief of
the National Guard Bureau may establish a program to provide
professionals (to be known as Transition Assistance
[[Page 126 STAT. 1719]]
Advisors) in each State to serve as points of contact to assist eligible
members of the reserve components in accessing benefits and health care
furnished under laws administered by the Secretary of Defense and
benefits and health care furnished under laws administered by the
Secretary of Veterans Affairs.
(b) Eligible Members.--To be eligible for assistance under this
section, a member of a reserve component must have served on active duty
in the Armed Forces for a period of more than 180 consecutive days.
(c) Duties.--The duties of a Transition Assistance Advisor include
the following:
(1) To assist with the creation and execution of an
individual transition plan for an eligible member of a reserve
component and dependents of the member for the reintegration of
the member into civilian life.
(2) To provide employment support services to the member and
dependents of the member, including assistance with finding
employment opportunities and identifying and obtaining
assistance from programs within and outside of the Federal
Government.
(3) To provide information on relocation, health care,
mental health care, and financial support services available to
the member and dependents of the member from the Department of
Defense, the Department of Veterans Affairs, and other Federal,
State, and local agencies.
(4) To provide information on educational support services
available to the member, including Post-9/11 Educational
Assistance under chapter 33 of title 38, United States Code.
(d) Transition Plans.--The individual transition plan referred to in
subsection (c)(1) created for an eligible member of a reserve component
shall include at a minimum the following:
(1) A plan for the transition of the member to civilian
life, including with respect to employment, education, and
health care.
(2) A description of the transition services that the member
and dependents of the member will need to achieve their
transition objectives, including information on any forms that
the member will need to fill out to be eligible for such
services.
(3) A point of contact for each agency or entity that can
provide the transition services described in paragraph (2).
(4) Such other information determined to be essential for
the transition of the member, as determined by the Chief of the
National Guard Bureau in consultation with the Secretary of
Defense and the Secretary of Veterans Affairs.
(e) Funding.--Funding for Transition Assistance Advisors for a
fiscal year shall be derived from amounts authorized to be appropriated
for operation and maintenance for the National Guard for that fiscal
year.
(f) State Defined.--In this section, the term ``State'' means each
of the several States of the United States, the District of Columbia,
and any territory of the United States.
[[Page 126 STAT. 1720]]
Subtitle C--General Service Authorities
SEC. 518. AUTHORITY FOR ADDITIONAL BEHAVIORAL HEALTH PROFESSIONALS
TO CONDUCT PRE-SEPARATION MEDICAL EXAMS
FOR POST-TRAUMATIC STRESS DISORDER.
Section 1177(a) of title 10, United States Code, is amended--
(1) in paragraph (1), by striking ``or psychiatrist'' and
inserting ``psychiatrist, licensed clinical social worker, or
psychiatric advanced practice registered nurse''; and
(2) in paragraph (3), by striking ``or psychiatrist'' and
inserting ``, psychiatrist, licensed clinical social worker, or
psychiatric advanced practice registered nurse''.
SEC. 519. DIVERSITY IN THE ARMED FORCES AND RELATED REPORTING
REQUIREMENTS.
(a) Plan to Achieve Military Leadership Reflecting Diversity of
United States Population.--
(1) In general.--Chapter 37 of title 10, United States Code,
is amended by adding at the end the following new section:
``Sec. 656. <<NOTE: 10 USC 656.>> Diversity in military
leadership: plan
``(a) Plan.--The Secretary of Defense (and the Secretary of Homeland
Security in the case of the Coast Guard when it is not operating as a
service in the Department of the Navy) shall develop and implement a
plan to accurately measure the efforts of the Department of Defense and
the Coast Guard to achieve a dynamic, sustainable level of members of
the armed forces (including reserve components) that, among both
commissioned officers and senior enlisted personnel of each armed force,
will reflect the diverse population of the United States eligible to
serve in the armed forces, including gender specific, racial, and ethnic
populations. Any metric established pursuant to this subsection may not
be used in a manner that undermines the merit-based processes of the
Department of Defense and the Coast Guard, including such processes for
accession, retention, and promotion. Such metrics may not be combined
with the identification of specific quotas based upon diversity
characteristics. The Secretary concerned shall continue to account for
diversified language and cultural skills among the total force of the
armed forces.
``(b) Metrics to Measure Progress in Developing and Implementing
Plan.--In <<NOTE: Procedures.>> developing and implementing the plan
under subsection (a), the Secretary of Defense and the Secretary of
Homeland Security shall develop a standard set of metrics and collection
procedures that are uniform across the armed forces. The metrics
required by this subsection shall be designed--
``(1) to accurately capture the inclusion and capability
aspects of the armed forces' broader diversity plans, including
race, ethnic, and gender specific groups, as potential factors
of force readiness that would supplement continued accounting by
the Department of Defense and the Coast Guard of diversified
language and cultural skills among the total force as part of
the assessment of current and future national security needs;
and
``(2) to be verifiable and systematically linked to
strategic plans that will drive improvements.
[[Page 126 STAT. 1721]]
``(c) Definition of Diversity.--In developing and implementing the
plan under subsection (a), the Secretary of Defense and the Secretary of
Homeland Security shall develop a uniform definition of diversity.
``(d) Consultation.--Not less than annually, the Secretary of
Defense and the Secretary of Homeland Security shall meet with the
Secretaries of the military departments, the Joint Chiefs of Staff, the
Commandant of the Coast Guard, and senior enlisted members of the armed
forces to discuss the progress being made toward developing and
implementing the plan established under subsection (a).
``(e) Cooperation With States.--The Secretary of Defense shall
coordinate with the National Guard Bureau and States in tracking the
progress of the National Guard toward developing and implementing the
plan established under subsection (a).''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is <<NOTE: 10 USC prec. 651.>> amended
by adding at the end the following new item:
``656. Diversity in military leadership: plan.''.
(b) Inclusion in DOD Manpower Requirements Report.--Section 115a of
such title is amended by inserting after subsection (f) the following
new subsection:
``(g) In each report submitted under subsection (a) during fiscal
years 2013 through 2017, the Secretary shall also include a detailed
discussion of the following:
``(1) The progress made in implementing the plan required by
section 656 of this title to accurately measure the efforts of
the Department to reflect the diverse population of the United
States eligible to serve in the armed forces.
``(2) The number of members of the armed forces, including
reserve components, listed by gender and race or ethnicity for
each rank under each military department.
``(3) The number of members of the armed forces, including
reserve components, who were promoted during the year covered by
the report, listed by gender and race or ethnicity for each rank
under each military department.
``(4) The number of members of the armed forces, including
reserve components, who reenlisted or otherwise extended the
commitment to military service during the year covered by the
report, listed by gender and race or ethnicity for each rank
under each military department.
``(5) The available pool of qualified candidates for the
general officer grades of general and lieutenant general and the
flag officer grades of admiral and vice admiral.''.
(c) Coast Guard Report.--
(1) Annual report required.--The Secretary of Homeland
Security (or the Secretary of the Navy in the event the Coast
Guard is operating as a service in the Department of the Navy)
shall prepare an annual report addressing diversity among
commissioned officers of the Coast Guard and Coast Guard Reserve
and among enlisted personnel of the Coast Guard and Coast Guard
Reserve. The report shall include--
(A) an assessment of the available pool of qualified
candidates for the flag officer grades of admiral and
vice admiral;
[[Page 126 STAT. 1722]]
(B) the number of such officers and personnel,
listed by gender and race or ethnicity for each rank;
(C) the number of such officers and personnel who
were promoted during the year covered by the report,
listed by gender and race or ethnicity for each rank;
and
(D) the number of such officers and personnel who
reenlisted or otherwise extended the commitment to the
Coast Guard during the year covered by the report,
listed by gender and race or ethnicity for each rank.
(2) Submission.--The report under paragraph (1) shall be
submitted during each of fiscal years 2013 through 2017 not
later than 45 days after the date on which the President submits
to Congress the budget for the next fiscal year under section
1105 of title 31, United States Code. Each report shall be
submitted to the Committee on Armed Services, the Committee on
Transportation and Infrastructure, and the Committee on Homeland
Security of the House of Representatives, and the Committee on
Armed Services and the Committee on Commerce, Science, and
Transportation of the Senate.
SEC. 520. LIMITATION ON REDUCTION IN NUMBER OF MILITARY AND
CIVILIAN PERSONNEL ASSIGNED TO DUTY WITH
SERVICE REVIEW AGENCIES.
Section 1559(a) of title 10, United States Code, is amended by
striking ``December 31, 2013'' and inserting ``December 31, 2016''.
SEC. 521. EXTENSION OF TEMPORARY INCREASE IN ACCUMULATED LEAVE
CARRYOVER FOR MEMBERS OF THE ARMED FORCES.
Section 701(d) of title 10, United States Code, is amended by
striking ``September 30, 2013'' and inserting ``September 30, 2015''.
SEC. 522. MODIFICATION OF AUTHORITY TO CONDUCT PROGRAMS ON CAREER
FLEXIBILITY TO ENHANCE RETENTION OF
MEMBERS OF THE ARMED FORCES.
(a) Extension of Programs to Certain Active Guard and Reserve
Personnel.--Section 533 of Duncan Hunter National Defense Authorization
Act for Fiscal Year 2009 (10 U.S.C. prec. 701 note) is amended--
(1) in subsection (a)(1), by inserting ``and members on
active Guard and Reserve duty'' after ``officers and enlisted
members of the regular components'';
(2) by redesignating subsection (l) as subsection (m); and
(3) by inserting after subsection (k) the following new
subsection (l):
``(l) Definition.--In this section, the term `active Guard and
Reserve duty' has the meaning given that term in section 101(d)(6) of
title 10, United States Code.''.
(b) Authority To Carry Forward Unused Accrued Leave.--Subsection (h)
of such section is amended by adding at the end the following new
paragraph:
``(5) Leave.--A member who participates in a pilot program
is entitled to carry forward the leave balance existing as of
the day on which the member begins participation and accumulated
in accordance with section 701 of title 10, United States Code,
but not to exceed 60 days.''.
[[Page 126 STAT. 1723]]
(c) Authority for Disability Processing.--Subsection (j) of such
section is amended--
(1) in the subsection heading, by striking ``Medical and
Dental Care'' and inserting ``Continued Entitlements'';
(2) by striking ``for purposes of the entitlement'' and
inserting ``for purposes of--
``(1) the entitlement'';
(3) by striking the period at the end and inserting ``;
and''; and
(4) by adding at the end the following new paragraph:
``(2) retirement or separation for physical disability under
the provisions of chapters 55 and 61 of title 10, United States
Code.''.
SEC. 523. <<NOTE: 10 USC 504 note.>> PROHIBITION ON WAIVER FOR
COMMISSIONING OR ENLISTMENT IN THE ARMED
FORCES FOR ANY INDIVIDUAL CONVICTED OF A
FELONY SEXUAL OFFENSE.
An individual may not be provided a waiver for commissioning or
enlistment in the Armed Forces if the individual has been convicted
under Federal or State law of a felony offense of any of the following:
(1) Rape.
(2) Sexual abuse.
(3) Sexual assault.
(4) Incest.
(5) Any other sexual offense.
SEC. 524. <<NOTE: 10 USC 1222 note.>> QUALITY REVIEW OF MEDICAL
EVALUATION BOARDS, PHYSICAL EVALUATION
BOARDS, AND PHYSICAL EVALUATION BOARD
LIAISON OFFICERS.
(a) In General.--The Secretary of Defense shall standardize, assess,
and monitor the quality assurance programs of the military departments
to evaluate the following in the performance of their duties (including
duties under chapter 61 of title 10, United States Code):
(1) Medical Evaluation Boards.
(2) Physical Evaluation Boards.
(3) Physical Evaluation Board Liaison Officers.
(b) Objectives.--The objectives of the quality assurance program
shall be as follows:
(1) To ensure accuracy and consistency in the determinations
and decisions of Medical Evaluation Boards and Physical
Evaluation Boards.
(2) To otherwise monitor and sustain proper performance of
the duties of Medical Evaluation Boards and Physical Evaluation
Boards, and of Physical Evaluation Board Liaison Officers.
(3) Such other objectives as the Secretary shall specify for
purposes of the quality assurance program.
(c) Reports.--
(1) Report on implementation.--Not later than 180 days after
the date of the enactment of this Act, the Secretary shall
submit to the appropriate committees of Congress a report
setting forth the plan of the Secretary for the implementation
of the requirements of this section.
(2) Annual reports.--Not later than one year after the date
of the submittal of the report required by paragraph (1), and
annually thereafter for the next four years, the Secretary shall
submit to the appropriate committees of Congress
[[Page 126 STAT. 1724]]
a report setting forth an assessment of the implementation of
the requirements of this section during the one-year period
ending on the date of the report under this paragraph. Each
report shall include, in particular, an assessment of the extent
to which the quality assurance program under the requirements of
this section meets the objectives specified in subsection (b).
(3) Appropriate committees of congress defined.--In this
subsection, the term ``appropriate committees of Congress''
means--
(A) the Committee on Armed Services and the
Committee on Veterans' Affairs of the Senate; and
(B) the Committee on Armed Services and the
Committee on Veterans' Affairs of the House of
Representatives.
SEC. 525. REPORTS ON INVOLUNTARY SEPARATION OF MEMBERS OF THE
ARMED FORCES.
(a) Periodic Reports Required.--Not later than 30 days after the end
of each half-year period during calendar years 2013 and 2014, the
Secretary of each military department shall submit to the Committees on
Armed Services of the Senate and the House of Representatives a report
on the number of members of the regular components of the Armed Forces
under the jurisdiction of such Secretary who were involuntarily
separated from active duty in the Armed Forces (for reasons other than
for cause) to meet force reduction requirements during the six-month
period covered by the report.
(b) Elements.--Each report on an Armed Force under subsection (a)
shall set forth the following for the period covered by the report:
(1) The total number members of that Armed Force
involuntarily separated from active duty in the Armed Forces
(for reasons other than for cause) to meet force reduction
requirements.
(2) The number of members covered by paragraph (1)
separately set forth by grade, by total years of service in the
Armed Forces at the time of separation, and by military
occupational specialty or rating (or competitive category in the
case of officers).
(3) The number of members covered by paragraph (1) who
received involuntary separation pay, or who are authorized to
receive temporary retired pay, in connection with the
separation.
(4) The number of members covered by paragraph (1) who
completed transition assistance programs relating to future
employment.
(5) The average number of months members covered by
paragraph (1) were deployed to overseas contingency operations,
separately set forth by grade.
SEC. 526. REPORT ON FEASIBILITY OF DEVELOPING GENDER-NEUTRAL
OCCUPATIONAL STANDARDS FOR MILITARY
OCCUPATIONAL SPECIALTIES CURRENTLY CLOSED
TO WOMEN.
Not later than 60 days after the date of the enactment of this Act,
the Secretary of Defense shall submit to the congressional defense
committees a report evaluating the feasibility of incorporating gender-
neutral occupational standards for military occupational specialties
closed, as of the date of the enactment of this Act, to female members
of the Armed Forces.
[[Page 126 STAT. 1725]]
SEC. 527. REPORT ON EDUCATION AND TRAINING AND PROMOTION RATES FOR
PILOTS OF REMOTELY PILOTED AIRCRAFT.
(a) Report Required.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of the Air Force and the Chief of
Staff of the Air Force shall jointly submit to the congressional defense
committees a report on education and training and promotion rates for
Air Force pilots of remotely piloted aircraft (RPA).
(b) Elements.--The report required by subsection (a) shall include
the following:
(1) A detailed analysis of the reasons for persistently
lower average education and training and promotion rates for Air
Force pilots of remotely piloted aircraft.
(2) An assessment of the long-term impact on the Air Force
of the sustainment of such lower rates.
(3) A plan to raise such rates, including--
(A) a description of the near-term and longer-term
actions the Air Force intends to undertake to implement
the plan; and
(B) an analysis of the potential direct and indirect
impacts of the plan on the achievement and sustainment
of the combat air patrol objectives of the Air Force for
remotely piloted aircraft.
SEC. 528. IMPACT OF NUMBERS OF MEMBERS WITHIN THE INTEGRATED
DISABILITY EVALUATION SYSTEM ON READINESS
OF ARMED FORCES TO MEET MISSION
REQUIREMENTS.
(a) Annual Impact Statement.--In the materials submitted to Congress
in support of the budget for the Department of Defense for each of
fiscal years 2014 through 2018, the Secretary of each military
department shall include a statement concerning the extent to which the
number of members of an Armed Force under the jurisdiction of the
Secretary who are within the Integrated Disability Evaluation System
impacts--
(1) the readiness of that Armed Force to meet on-going
mission requirements; and
(2) dwell time for other members of that Armed Force.
(b) Response Plan.--If the statement of the Secretary of a military
department under subsection (a) for a fiscal year concludes that an
adverse impact on readiness or dwell time of an Armed Force is
occurring, the Secretary shall include with the budget materials a plan
describing how the Armed Force will mitigate the impact.
Subtitle D--Military Justice and Legal Matters
SEC. 531. CLARIFICATION AND ENHANCEMENT OF THE ROLE OF STAFF JUDGE
ADVOCATE TO THE COMMANDANT OF THE MARINE
CORPS.
(a) Appointment by the President and Permanent Appointment to Grade
of Major General.--Subsection (a) of section 5046 of title 10, United
States Code, is amended--
[[Page 126 STAT. 1726]]
(1) in the first sentence, by striking ``detailed'' and
inserting ``appointed by the President, by and with the advice
and consent of the Senate,''; and
(2) by striking the second sentence and inserting the
following new sentence: ``If the officer to be appointed as the
Staff Judge Advocate to the Commandant of the Marine Corps holds
a grade lower than the grade of major general immediately before
the appointment, the officer shall be appointed in the grade of
major general.''.
(b) Duties, Authority, and Accountability.--Such section is further
amended--
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following new
subsection (c):
``(c) The Staff Judge Advocate to the Commandant of the Marine
Corps, under the direction of the Commandant of the Marine Corps and the
Secretary of the Navy, shall--
``(1) perform such duties relating to legal matters arising
in the Marine Corps as may be assigned to the Staff Judge
Advocate;
``(2) perform the functions and duties, and exercise the
powers, prescribed for the Staff Judge Advocate to the
Commandant of the Marine Corps in chapter 47 (the Uniform Code
of Military Justice) and chapter 53 of this title; and
``(3) perform such other duties as may be assigned to the
Staff Judge Advocate.''.
(c) Composition of Headquarters, Marine Corps.--Section 5041(b) of
such title is amended--
(1) by redesignating paragraphs (4) and (5) as paragraphs
(5) and (6), respectively; and
(2) by inserting after paragraph (3) the following new
paragraph (4):
``(4) The Staff Judge Advocate to the Commandant of the
Marine Corps.''.
(d) Supervision of Certain Legal Services.--
(1) Administration of military justice.--Section 806(a) of
such title (article 6(a) of the Uniform Code of Military
Justice) is amended in the third sentence by striking ``The
Judge Advocate General'' and all that follows through ``shall''
and inserting ``The Judge Advocates General, and within the
Marine Corps the Staff Judge Advocate to the Commandant of the
Marine Corps, or senior members of their staffs, shall''.
(2) Delivery of legal assistance.--Section 1044(b) of such
title is amended by inserting ``, and within the Marine Corps
the Staff Judge Advocate to the Commandant of the Marine
Corps,'' after ``jurisdiction of the Secretary''.
SEC. 532. ADDITIONAL INFORMATION IN REPORTS ON ANNUAL SURVEYS OF
THE COMMITTEE ON THE UNIFORM CODE OF
MILITARY JUSTICE.
Subsection (c)(2) of section 946 of title 10, United States Code
(article 146 of the Uniform Code of Military Justice), is amended--
(1) by redesignating subparagraph (B) as subparagraph (C);
and
(2) by inserting after subparagraph (A) the following new
subparagraph (B):
[[Page 126 STAT. 1727]]
``(B) Information from the Judge Advocates General and the
Staff Judge Advocate to the Commandant of the Marine Corps on
the following:
``(i) The appellate review process, including--
``(I) information on compliance with
processing time goals;
``(II) discussions of the circumstances
surrounding cases in which general court-martial
or special court-martial convictions are reversed
as a result of command influence or denial of the
right to a speedy review or otherwise remitted due
to loss of records of trial or other
administrative deficiencies; and
``(III) discussions of cases in which a
provision of this chapter is held
unconstitutional.
``(ii) Measures implemented by each armed force to
ensure the ability of judge advocates to competently
participate as trial and defense counsel in, and preside
as military judges over, capital cases, national
security cases, sexual assault cases, and proceedings of
military commissions.
``(iii) The independent views of the Judge Advocates
General and the Staff Judge Advocate to the Commandant
of the Marine Corps on the sufficiency of resources
available within their respective armed forces,
including total workforce, funding, training, and
officer and enlisted grade structure, to capably perform
military justice functions.''.
SEC. 533. <<NOTE: 10 USC prec. 1030 note.>> PROTECTION OF RIGHTS
OF CONSCIENCE OF MEMBERS OF THE ARMED
FORCES AND CHAPLAINS OF SUCH MEMBERS.
(a) Protection of Rights of Conscience.--
(1) Accommodation.--The Armed Forces shall accommodate the
beliefs of a member of the armed forces reflecting the
conscience, moral principles, or religious beliefs of the member
and, in so far as practicable, may not use such beliefs as the
basis of any adverse personnel action, discrimination, or denial
of promotion, schooling, training, or assignment.
(2) Disciplinary or administrative action.--Nothing in
paragraph (1) precludes disciplinary or administrative action
for conduct that is proscribed by chapter 47 of title 10, United
States Code (the Uniform Code of Military Justice), including
actions and speech that threaten good order and discipline.
(b) Protection of Chaplain Decisions Relating to Conscience, Moral
Principles, or Religious Beliefs.--No member of the Armed Forces may--
(1) require a chaplain to perform any rite, ritual, or
ceremony that is contrary to the conscience, moral principles,
or religious beliefs of the chaplain; or
(2) discriminate or take any adverse personnel action
against a chaplain, including denial of promotion, schooling,
training, or assignment, on the basis of the refusal by the
chaplain to comply with a requirement prohibited by paragraph
(1).
(c) Regulations.--The Secretary of Defense shall issue regulations
implementing the protections afforded by this section.
SEC. 534. REPORTS ON HAZING IN THE ARMED FORCES.
(a) Reports Required.--Not later than 180 days after the date of the
enactment of this Act, each Secretary of a military department (and the
Secretary of Homeland Security in the case
[[Page 126 STAT. 1728]]
of the Coast Guard) shall submit to the congressional committees
specified in subsection (c) a report on hazing in each Armed Force under
the jurisdiction of the Secretary.
(b) Elements.--The report on an Armed Force required by subsection
(a) shall include the following:
(1) An evaluation of the definition of hazing contained in
the Secretary of Defense Policy Memorandum dated August 28,
1997.
(2) A discussion of the policies of the Armed Force for
preventing and responding to incidents of hazing.
(3) A description of the methods implemented to track and
report, including report anonymously, incidents of hazing in the
Armed Force.
(4) An assessment by the Secretary submitting the report of
the following:
(A) The scope of the problem of hazing in the Armed
Force.
(B) The training on recognizing and preventing
hazing provided members of the Armed Force.
(C) The actions taken to prevent and respond to
hazing incidents in the Armed Force.
(D) The extent to which the Uniform Code of Military
Justice specifically addresses the prosecution of
persons subject to the Code who are alleged to have
committed hazing.
(E) The feasibility of establishing a database to
track, respond to, and resolve incidents of hazing.
(5) A description of the additional actions, if any, the
Secretary submitting the report proposes to take to further
address the incidence of hazing in the Armed Force.
(6) Any recommended changes to the Uniform Code of Military
Justice or the Manual for Courts-Martial to improve the
prosecution of persons alleged to have committed hazing in the
Armed Forces.
(c) Submission of Reports.--The reports required by subsection (a)
shall be submitted--
(1) to the Committee on Armed Services and the Committee on
Commerce, Science, and Transportation of the Senate; and
(2) to the Committee on Armed Services and the Committee on
Transportation and Infrastructure of the House of
Representatives.
Subtitle E--Member Education and Training Opportunities and
Administration
SEC. 541. TRANSFER OF TROOPS-TO-TEACHERS PROGRAM FROM DEPARTMENT
OF EDUCATION TO DEPARTMENT OF DEFENSE AND
ENHANCEMENTS TO THE PROGRAM.
(a) <<NOTE: 10 USC 1154 note.>> Transfer of Functions.--
(1) Transfer.--The responsibility and authority for
operation and administration of the Troops-to-Teachers Program
in chapter A of subpart 1 of part C of title II of the
Elementary and Secondary Education Act of 1965 (20 U.S.C. 6671
et seq.) is transferred from the Secretary of Education to the
Secretary of Defense.
[[Page 126 STAT. 1729]]
(2) Memorandum of agreement.--In connection with the
transfer of responsibility and authority for operation and
administration of the Troops-to-Teachers Program from the
Secretary of Education to the Secretary of Defense under
paragraph (1), the Secretaries shall enter into a memorandum of
agreement pursuant to which the Secretary of Education will
undertake the following:
(A) Disseminate information about the Troops-to-
Teachers Program to eligible schools (as defined in
subsection (a) of section 1154 of title 10, United
States Code, as added by subsection (b)).
(B) Advise the Department of Defense on how to
prepare eligible members of the Armed Forces described
in subsection (d) of such section 1154 to become
participants in the Program, to meet the requirements
necessary to become a teacher in a school described in
subsection (b)(2) of such section 1154, and to find
post-service employment in an eligible school.
(C) Advise the Department of Defense on how to
identify teacher preparation programs for participants
in the Program.
(D) Inform the Department of Defense of academic
subject areas with critical teacher shortages.
(E) Identify geographic areas with critical teacher
shortages, especially in high-need schools (as defined
in subsection (a) of such section 1154).
(3) Effective date.--The transfer of responsibility and
authority for operation and administration of the Troops-to-
Teachers Program under paragraph (1) shall take effect--
(A) on the first day of the first month beginning
more than 90 days after the date of the enactment of
this Act; or
(B) on such earlier date as the Secretary of
Education and the Secretary of Defense may jointly
provide.
(b) Enactment of Program Authority in Title 10, United States
Code.--
(1) In general.--Chapter 58 of title 10, United States Code,
is amended by adding at the end the following new section:
``Sec. 1154. <<NOTE: 10 USC 1154.>> Assistance to eligible
members and former members to obtain employment
as teachers: Troops-to-Teachers Program
``(a) Definitions.--In this section:
``(1) Charter school.--The term `charter school' has the
meaning given that term in section 5210(1) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7221i(1)).
``(2) Eligible school.--The term `eligible school' means--
``(A) a public school, including a charter school,
at which--
``(i) at least 30 percent of the students
enrolled in the school are from families with
incomes below 185 percent of poverty level (as
defined by the Office of Management and Budget and
revised at least annually in accordance with
section 9(b)(1) of the Richard B. Russell National
School Lunch Act (42
[[Page 126 STAT. 1730]]
U.S.C. 1758(b)(1)) applicable to a family of the
size involved; or
``(ii) at least 13 percent of the students
enrolled in the school qualify for assistance
under part B of the Individuals with Disabilities
Education Act (20 U.S.C.1411 et seq.); or
``(B) a Bureau-funded school as defined in section
1141(3) of the Education Amendments of 1978 (25 U.S.C.
2021(3)).
``(3) High-need school.--The term `high-need school' means--
``(A) an elementary or middle school in which at
least 50 percent of the enrolled students are children
from low-income families, based on the number of
children eligible for free and reduced priced lunches
under the Richard B. Russell National School Lunch Act
(42 U.S.C. 1751 et seq.), the number of children in
families receiving assistance under the State program
funded under part A of title IV of the Social Security
Act (42 U.S.C. 601 et seq.), the number of children
eligible to receive medical assistance under the
Medicaid program, or a composite of these indicators;
``(B) a high school in which at least 40 percent of
enrolled students are children from low-income families,
which may be calculated using comparable data from
feeder schools; or
``(C) a school that is in a local educational agency
that is eligible under section 6211(b) of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 7345(b)).
``(4) Member of the armed forces.--The term `member of the
armed forces' includes a retired or former member of the armed
forces.
``(5) Participant.--The term `participant' means an eligible
member of the armed forces selected to participate in the
Program.
``(6) Program.--The term `Program' means the Troops-to-
Teachers Program authorized by this section.
``(7) Secretary.--The term `Secretary' means the Secretary
of Defense.
``(8) Additional terms.--The terms `elementary school',
`local educational agency', `secondary school', and `State' have
the meanings given those terms in section 9101 of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 7801).
``(b) Program Authorization.--The Secretary of Defense may carry out
a Troops-to-Teachers Program--
``(1) to assist eligible members of the armed forces
described in subsection (d) to meet the requirements necessary
to become a teacher in a school described in paragraph (2); and
``(2) to facilitate the employment of such members--
``(A) by local educational agencies or charter
schools that the Secretary of Education identifies as--
``(i) receiving grants under part A of title I
of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 6301 et seq.) as a result of
having within their jurisdictions concentrations
of children from low-income families; or
[[Page 126 STAT. 1731]]
``(ii) experiencing a shortage of teachers, in
particular a shortage of science, mathematics,
special education, foreign language, or career or
technical teachers; and
``(B) in elementary schools or secondary schools, or
as career or technical teachers.
``(c) Counseling and Referral Services.--The Secretary may provide
counseling and referral services to members of the armed forces who do
not meet the eligibility criteria described in subsection (d), including
the education qualification requirements under paragraph (3)(B) of such
subsection.
``(d) Eligibility and Application Process.--
``(1) Eligible members.--The following members of the armed
forces are eligible for selection to participate in the Program:
``(A) Any member who--
``(i) on or after October 1, 1999, becomes
entitled to retired or retainer pay under this
title or title 14;
``(ii) has an approved date of retirement that
is within one year after the date on which the
member submits an application to participate in
the Program; or
``(iii) has been transferred to the Retired
Reserve.
``(B) Any member who, on or after January 8, 2002--
``(i)(I) is separated or released from active
duty after four or more years of continuous active
duty immediately before the separation or release;
or
``(II) has completed a total of at least six
years of active duty service, six years of service
computed under section 12732 of this title, or six
years of any combination of such service; and
``(ii) executes a reserve commitment agreement
for a period of not less than three years under
paragraph (5)(B).
``(C) Any member who, on or after January 8, 2002,
is retired or separated for physical disability under
chapter 61 of this title.
``(2) Submission of applications.--(A) Selection of eligible
members of the armed forces to participate in the Program shall
be made on the basis of applications submitted to the Secretary
within the time periods specified in subparagraph (B). An
application shall be in such form and contain such information
as the Secretary may require.
``(B) In the case of an eligible member of the armed forces
described in subparagraph (A)(i), (B), or (C) of paragraph (1),
an application shall be considered to be submitted on a timely
basis if the application is submitted not later than three years
after the date on which the member is retired, separated, or
released from active duty, whichever applies to the member.
``(3) Selection criteria; educational background
requirements; honorable service requirement.--(A) The Secretary
shall prescribe the criteria to be used to select eligible
members of the armed forces to participate in the Program.
``(B) If a member of the armed forces is applying for the
Program to receive assistance for placement as an elementary
school or secondary school teacher, the Secretary shall require
[[Page 126 STAT. 1732]]
the member to have received a baccalaureate or advanced degree
from an accredited institution of higher education.
``(C) If a member of the armed forces is applying for the
Program to receive assistance for placement as a career or
technical teacher, the Secretary shall require the member--
``(i) to have received the equivalent of one year of
college from an accredited institution of higher
education or the equivalent in military education and
training as certified by the Department of Defense; or
``(ii) to otherwise meet the certification or
licensing requirements for a career or technical teacher
in the State in which the member seeks assistance for
placement under the Program.
``(D) A member of the armed forces is eligible to
participate in the Program only if the member's last period of
service in the armed forces was honorable, as characterized by
the Secretary concerned. A member selected to participate in the
Program before the retirement of the member or the separation or
release of the member from active duty may continue to
participate in the Program after the retirement, separation, or
release only if the member's last period of service is
characterized as honorable by the Secretary concerned.
``(4) Selection priorities.--In selecting eligible members
of the armed forces to receive assistance under the Program, the
Secretary--
``(A) shall give priority to members who--
``(i) have educational or military experience
in science, mathematics, special education,
foreign language, or career or technical subjects;
and
``(ii) agree to seek employment as science,
mathematics, foreign language, or special
education teachers in elementary schools or
secondary schools or in other schools under the
jurisdiction of a local educational agency; and
``(B) may give priority to members who agree to seek
employment in a high-need school.
``(5) Other conditions on selection.--(A) Subject to
subsection (i), the Secretary may not select an eligible member
of the armed forces to participate in the Program and receive
financial assistance unless the Secretary has sufficient
appropriations for the Program available at the time of the
selection to satisfy the obligations to be incurred by the
United States under subsection (e) with respect to the member.
``(B) The Secretary may not select an eligible member of the
armed forces described in paragraph (1)(B)(i) to participate in
the Program and receive financial assistance under subsection
(e) unless the member executes a written agreement to serve as a
member of the Selected Reserve of a reserve component of the
armed forces for a period of not less than three years.
``(e) Participation Agreement and Financial Assistance.--
``(1) Participation agreement.--(A) An eligible member of
the armed forces selected to participate in the Program under
subsection (b) and to receive financial assistance under this
subsection shall be required to enter into an agreement with the
Secretary in which the member agrees--
[[Page 126 STAT. 1733]]
``(i) within such time as the Secretary may require,
to meet the requirements necessary to become a teacher
in a school described in subsection (b)(2); and
``(ii) to accept an offer of full-time employment as
an elementary school teacher, secondary school teacher,
or career or technical teacher for not less than three
school years in an eligible school to begin the school
year after obtaining that certification or licensing.
``(B) <<NOTE: Waiver authority.>> The Secretary may waive
the three-year commitment described in subparagraph (A)(ii) for
a participant if the Secretary determines such waiver to be
appropriate. If the Secretary provides the waiver, the
participant shall not be considered to be in violation of the
agreement and shall not be required to provide reimbursement
under subsection (f), for failure to meet the three-year
commitment.
``(2) Violation of participation agreement; exceptions.--A
participant shall not be considered to be in violation of the
participation agreement entered into under paragraph (1) during
any period in which the participant--
``(A) is pursuing a full-time course of study
related to the field of teaching at an institution of
higher education;
``(B) is serving on active duty as a member of the
armed forces;
``(C) is temporarily totally disabled for a period
of time not to exceed three years as established by
sworn affidavit of a qualified physician;
``(D) is unable to secure employment for a period
not to exceed 12 months by reason of the care required
by a spouse who is disabled;
``(E) is unable to find full-time employment as a
teacher in an eligible elementary school or secondary
school or as a career or technical teacher for a single
period not to exceed 27 months; or
``(F) satisfies the provisions of additional
reimbursement exceptions that may be prescribed by the
Secretary.
``(3) Stipend and bonus for participants.--(A) Subject to
subparagraph (C), the Secretary may pay to a participant a
stipend to cover expenses incurred by the participant to obtain
the required educational level, certification, or licensing.
Such stipend may not exceed $5,000 and may vary by participant.
``(B)(i) Subject to subparagraph (C), the Secretary may pay
a bonus to a participant who agrees in the participation
agreement under paragraph (1) to accept full-time employment as
an elementary school teacher, secondary school teacher, or
career or technical teacher for not less than three school years
in an eligible school.
``(ii) The amount of the bonus may not exceed $5,000, unless
the eligible school is a high-need school, in which case the
amount of the bonus may not exceed $10,000. Within such limits,
the bonus may vary by participant and may take into account the
priority placements as determined by the Secretary.
``(C)(i) The total number of stipends that may be paid under
subparagraph (A) in any fiscal year may not exceed 5,000.
``(ii) The total number of bonuses that may be paid under
subparagraph (B) in any fiscal year may not exceed 3,000.
[[Page 126 STAT. 1734]]
``(iii) A participant may not receive a stipend under
subparagraph (A) if the participant is eligible for benefits
under chapter 33 of title 38.
``(iv) The combination of a stipend under subparagraph (A)
and a bonus under subparagraph (B) for any one participant may
not exceed $10,000.
``(4) Treatment of stipend and bonus.--A stipend or bonus
paid under this subsection to a participant shall be taken into
account in determining the eligibility of the participant for
Federal student financial assistance provided under title IV of
the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.).
``(f) Reimbursement Under Certain Circumstances.--
``(1) Reimbursement required.--A participant who is paid a
stipend or bonus under this subsection shall be subject to the
repayment provisions of section 373 of title 37 under the
following circumstances:
``(A) The participant fails to meet the requirements
necessary to become a teacher in a school described in
subsection (b)(2) or to obtain employment as an
elementary school teacher, secondary school teacher, or
career or technical teacher as required by the
participation agreement under subsection (e)(1).
``(B) The participant voluntarily leaves, or is
terminated for cause from, employment as an elementary
school teacher, secondary school teacher, or career or
technical teacher during the three years of required
service in violation of the participation agreement.
``(C) The participant executed a written agreement
with the Secretary concerned under subsection (d)(5)(B)
to serve as a member of a reserve component of the armed
forces for a period of three years and fails to complete
the required term of service.
``(2) Amount of reimbursement.--A participant required to
reimburse the Secretary for a stipend or bonus paid to the
participant under subsection (e) shall pay an amount that bears
the same ratio to the amount of the stipend or bonus as the
unserved portion of required service bears to the three years of
required service.
``(3) Interest.--Any amount owed by a participant under this
subsection shall bear interest at the rate equal to the highest
rate being paid by the United States on the day on which the
reimbursement is determined to be due for securities having
maturities of 90 days or less and shall accrue from the day on
which the participant is first notified of the amount due.
``(4) Exceptions to reimbursement requirement.--A
participant shall be excused from reimbursement under this
subsection if the participant becomes permanently totally
disabled as established by sworn affidavit of a qualified
physician. The <<NOTE: Waiver authority.>> Secretary may also
waive the reimbursement in cases of extreme hardship to the
participant, as determined by the Secretary.
``(g) Relationship to Educational Assistance Under Montgomery GI
Bill.--Except as provided in subsection (e)(3)(C)(iii), the receipt by a
participant of a stipend or bonus under subsection (e) shall not reduce
or otherwise affect the entitlement of the
[[Page 126 STAT. 1735]]
participant to any benefits under chapter 30 or 33 of title 38 or
chapter 1606 of this title.
``(h) Participation by States.--
``(1) Discharge of state activities through consortia of
states.--The Secretary may permit States participating in the
Program to carry out activities authorized for such States under
the Program through one or more consortia of such States.
``(2) Assistance to states.--(A) Subject to subparagraph
(B), the Secretary may make grants to States participating in
the Program, or to consortia of such States, in order to permit
such States or consortia of States to operate offices for
purposes of recruiting eligible members of the armed forces for
participation in the Program and facilitating the employment of
participants as elementary school teachers, secondary school
teachers, and career or technical teachers.
``(B) The total amount of grants made under subparagraph (A)
in any fiscal year may not exceed $5,000,000.
``(i) Limitation on Total Fiscal-year Obligations.--The total amount
obligated by the Secretary under the Program for any fiscal year may not
exceed $15,000,000.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is <<NOTE: 10 USC prec.
1141.>> amended by adding at the end the following new item:
``1154. Assistance to eligible members and former members to obtain
employment as teachers: Troops-to-Teachers Program.''.
(c) Conforming Amendment.--Section 1142(b)(4)(C) of such title is
amended by striking ``under section 2302'' and all that follows through
``6672)''.
(d) Termination of Department of Education Troops-to-Teachers
Program.--
(1) Termination.--Subject to paragraph (3), chapter A of
subpart 1 of part C of title II of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6671 et seq.) <<NOTE: 20
USC 6671-6677.>> is repealed.
(2) Clerical amendment.--The table of contents in section 2
of the Elementary and Secondary Education Act of 1965 is amended
by striking the items relating to chapter A of subpart 1 of part
C of title II of such Act.
(3) <<NOTE: 20 USC 6671 note.>> Existing agreements.--The
repeal of chapter A of subpart 1 of part C of title II of the
Elementary and Secondary Education Act of 1965 (20 U.S.C. 6671
et seq.) by paragraph (1) shall not affect--
(A) the validity or terms of any agreement entered
into under such chapter, as in effect immediately before
such repeal, before the effective date of the transfer
of the Troops-to-Teachers Program under subsection (a);
or
(B) the authority to pay assistance, make grants, or
obtain reimbursement in connection with such an
agreement as in effect before the effective date of the
transfer of the Troops-to-Teachers Program under
subsection (a).
SEC. 542. SUPPORT OF NAVAL ACADEMY ATHLETIC AND PHYSICAL FITNESS
PROGRAMS.
(a) In General.--Chapter 603 of title 10, United States Code, is
amended by adding at the end the following new section:
[[Page 126 STAT. 1736]]
``Sec. 6981. <<NOTE: 10 USC 6981.>> Support of athletic and
physical fitness programs
``(a) Authority.--
``(1) Contracts and cooperative agreements.--The Secretary
of the Navy may enter into contracts and cooperative agreements
with the Naval Academy Athletic Association for the purpose of
supporting the athletic and physical fitness programs of the
Naval Academy. Notwithstanding section 2304(k) of this title,
the Secretary may enter such contracts or cooperative agreements
on a sole source basis pursuant to section 2304(c)(5) of this
title. Notwithstanding chapter 63 of title 31, a cooperative
agreement under this section may be used to acquire property or
services for the direct benefit or use of the Naval Academy.
``(2) Leases.--The Secretary may enter into leases, in
accordance with section 2667 of this title, or licenses with the
Association for the purpose of supporting the athletic and
physical fitness programs of the Naval Academy. Any such lease
or license shall be deemed to satisfy the conditions of section
2667(h)(2) of this title.
``(b) Use of Navy Personal Property by the Association.--The
Secretary may allow the Association to use, at no cost, personal
property of the Department of the Navy to assist the Association in
supporting the athletic and physical fitness programs of the Naval
Academy.
``(c) Acceptance of Support.--
``(1) Support received from the association.--
Notwithstanding section 1342 of title 31, the Secretary may
accept from the Association funds, supplies, and services for
the support of the athletic and physical fitness programs of the
Naval Academy. For purposes of this section, employees or
personnel of the Association may not be considered to be
employees of the United States.
``(2) Funds received from ncaa.--The Secretary may accept
funds from the National Collegiate Athletic Association to
support the athletic and physical fitness programs of the Naval
Academy.
``(3) Limitation.--The Secretary shall ensure that
contributions under this subsection do not reflect unfavorably
on the ability of the Department of the Navy, any of its
employees, or any member of the armed forces to carry out any
responsibility or duty in a fair and objective manner, or
compromise the integrity or appearance of integrity of any
program of the Department of the Navy, or any individual
involved in such a program.
``(d) Retention and Use of Funds.--Notwithstanding section 2260(d)
of this title, funds received under this section may be retained for use
in support of athletic and physical fitness programs of the Naval
Academy and shall remain available until expended.
``(e) Trademarks and Service Marks.--
``(1) Licensing, marketing, and sponsorship agreements.--An
agreement under subsection (a)(1) may, consistent with sections
2260 (other than subsection (d)) and 5022(b)(3) of this title,
authorize the Association to enter into licensing, marketing,
and sponsorship agreements relating to trademarks and service
marks identifying the Naval Academy, subject to the approval of
the Department of the Navy.
[[Page 126 STAT. 1737]]
``(2) Limitations.--No such licensing, marketing, or
sponsorship agreement may be entered into if it would reflect
unfavorably on the ability of the Department of the Navy, any of
its employees, or any member of the armed forces to carry out
any responsibility or duty in a fair and objective manner, or if
the Secretary determines that the use of the trademark or
service mark would compromise the integrity or appearance of
integrity of any program of the Department of the Navy, or any
individual involved in such a program.
``(f) Service on Association Board of Control.--The Association is a
designated entity for which authorization under sections 1033(a) and
1589(a) of this title may be provided.
``(g) Conditions.--The authority provided in this section with
respect to the Association is available only so long as the Association
continues to--
``(1) qualify as a nonprofit organization under section
501(c)(3) of the Internal Revenue Code of 1986 and operates in
accordance with this section, the laws of the State of Maryland,
and the constitution and bylaws of the Association; and
``(2) operate exclusively to support the athletic and
physical fitness programs of the Naval Academy.
``(h) Association Defined.--In this section, the term `Association'
means the Naval Academy Athletic Association.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is <<NOTE: 10 USC prec. 6951.>> amended by adding at the
end the following new item:
``6981. Support of athletic and physical fitness programs.''.
SEC. 543. EXPANSION OF DEPARTMENT OF DEFENSE PILOT PROGRAM ON
RECEIPT OF CIVILIAN CREDENTIALING FOR
MILITARY OCCUPATIONAL SPECIALTY SKILLS.
(a) Expansion of Program.--Subsection (b)(1) of section 558 of the
National Defense Authorization Act for Fiscal Year 2012 (Public Law 112-
81; 125 Stat. 1418; 10 U.S.C. 2015 note) is amended by striking ``or
more than five''.
(b) Use of Industry-recognized Certifications.--Subsection (b) of
such section is further amended--
(1) by striking ``and'' at the end of paragraph (1);
(2) by redesignating paragraph (2) as paragraph (3); and
(3) by inserting after paragraph (1) the following new
paragraph:
``(2) consider utilizing industry-recognized certifications
or licensing standards for civilian occupational skills
comparable to the specialties or codes so designated; and''.
SEC. 544. STATE CONSIDERATION OF MILITARY TRAINING IN GRANTING
CERTAIN STATE CERTIFICATIONS AND LICENSES
AS A CONDITION ON THE RECEIPT OF FUNDS FOR
VETERANS EMPLOYMENT AND TRAINING.
(a) In General.--Section 4102A(c) of title 38, United States Code,
is amended by adding at the end the following new paragraph:
``(9)(A) As a condition of a grant or contract under which funds are
made available to a State in order to carry out section 4103A or 4104 of
this title for any program year, the Secretary may require the State--
``(i) to demonstrate that when the State approves or denies
a certification or license described in subparagraph (B) for
[[Page 126 STAT. 1738]]
a veteran the State takes into consideration any training
received or experience gained by the veteran while serving on
active duty in the Armed Forces; and
``(ii) to disclose to the Secretary in writing the
following:
``(I) Criteria applicants must satisfy to receive a
certification or license described in subparagraph (B)
by the State.
``(II) A description of the standard practices of
the State for evaluating training received by veterans
while serving on active duty in the Armed Forces and
evaluating the documented work experience of such
veterans during such service for purposes of approving
or denying a certification or license described in
subparagraph (B).
``(III) Identification of areas in which training
and experience described in subclause (II) fails to meet
criteria described in subclause (I).''
``(B) A certification or license described in this subparagraph is
any of the following:
``(i) A license to be a nonemergency medical professional.
``(ii) A license to be an emergency medical professional.
``(iii) A commercial driver's license.
``(C) The Secretary shall share the information the Secretary
receives under subparagraph (A)(ii) with the Secretary of Defense to
help the Secretary of Defense improve training for military occupational
specialties so that individuals who receive such training are able to
receive a certification or license described in subparagraph (B) from a
State.
``(D) <<NOTE: Web posting. Public information.>> The Secretary
shall publish on the Internet website of the Department available to the
public--
``(i) any guidance the Secretary gives the Secretary of
Defense with respect to carrying out this section; and
``(ii) any information the Secretary receives from a State
pursuant to subparagraph (A).''.
(b) <<NOTE: 38 USC 4102A note.>> Effective Date.--The amendment
made by subsection (a) shall apply with respect to a program year
beginning on or after the date of the enactment of this Act.
SEC. 545. DEPARTMENT OF DEFENSE REVIEW OF ACCESS TO MILITARY
INSTALLATIONS BY REPRESENTATIVES OF
INSTITUTIONS OF HIGHER EDUCATION.
(a) Review Required.--The Secretary of Defense shall conduct a
review to assess the extent of access that representatives of
institutions of higher education have to military installations.
(b) Elements of Review.--The review required by subsection (a) shall
include, at a minimum, an assessment of the following:
(1) The policies and procedures that govern the availability
and the degree to which representatives of institutions of
higher education obtain access to military installations for
marketing and recruitment purposes to members of the Armed
Forces and their families.
(2) The extent to which persons employed by institutions of
higher education who have authorized access to military
installations are engaged in the unauthorized or inappropriate
marketing of products and services to members of the Armed
Forces through such access.
(3) The policies and regulations that are in effect to
prevent inappropriate marketing of educational products and
services
[[Page 126 STAT. 1739]]
on military installations and the effectiveness or shortcomings,
and the adequacy of the enforcement, of those policies and
regulations.
(c) Report.--Not later than 270 days after the date of enactment of
this Act, the Secretary of Defense shall submit to the Committees on
Armed Services of the Senate and the House of Representatives a report
containing the results of the review required by subsection (a). The
report shall include any recommendations for statutory or regulatory
change that the Secretary considers appropriate to enhance the
protection of members of the Armed Forces from inappropriate marketing
and recruitment on military installations by representatives of
institutions of higher education.
SEC. 546. REPORT ON DEPARTMENT OF DEFENSE EFFORTS TO STANDARDIZE
EDUCATIONAL TRANSCRIPTS ISSUED TO
SEPARATING MEMBERS OF THE ARMED FORCES.
(a) Report Required.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives a report on the efforts of the Department of Defense to
standardize the educational transcripts issued to members of the Armed
Forces on their separation from the Armed Forces.
(b) Elements.--The report required by subsection (a) shall include
the following:
(1) A description of the similarities and differences
between the educational transcripts issued to members separating
from the each of the Armed Forces.
(2) A description of any assessments done by the Department,
or in conjunction with educational institutions, to identify
shortcomings in the transcripts issued to separating members in
connection with their ability to qualify for civilian
educational credits.
(3) A description of the implementation plan for the Joint
Services Transcript, including a schedule and the elements of
existing educational transcripts to be incorporated into the
Joint Services Transcript.
SEC. 547. COMPTROLLER GENERAL OF THE UNITED STATES REPORTS ON
JOINT PROFESSIONAL MILITARY EDUCATION
MATTERS.
(a) Report on Review of Military Education Coordination Council
Report.--
(1) Review of methodology.--The Comptroller General of the
United States shall review the methodology used by the Military
Education Coordination Council in compiling the report on joint
professional military education that is to be submitted to the
Director of Joint Force Development by March 1, 2013, pursuant
to the Joint Staff Memorandum, Joint Staff Review, dated July
16, 2012. The review shall include an examination of the
analytical approach used by the Council for that report,
including the types of information considered, the cost savings
identified, the benefits of options considered, the time frames
for implementation, and transparency.
(2) Report.--Not later than 90 days after receiving from the
Director of Joint Force Development the report described in
paragraph (1), the Comptroller General shall submit to the
[[Page 126 STAT. 1740]]
Committees on Armed Services of the Senate and the House of
Representatives a report on the review under paragraph (1) of
the report described in that paragraph. The report of the
Comptroller General under this paragraph shall set forth the
following:
(A) The results of the review under paragraph (1).
(B) Such recommendations as the Comptroller General
considers appropriate in light of the results of the
review.
(b) Report on Joint Professional Military Education Research
Institutions.--
(1) Report required.--Not later than January 31, 2014, the
Comptroller General of the United States shall submit to the
congressional defense committees a report setting forth the
assessment by the Comptroller General of the work performed by
joint professional military education research institutions in
support of professional military education and the broader
mission of the Department of Defense, the military departments,
and the Defense Agencies.
(2) Elements.--The report required by paragraph (1) shall
include an assessment of the following:
(A) The systems, mechanisms, and structures within
the senior and intermediate joint professional military
education colleges and universities for oversight,
governance, and management of the joint professional
military education research institutions, including
systems, mechanisms, and structures relating to the
development of policies and budgets for research.
(B) The factors contributing to and the extent of
growth in the number and size of joint professional
military education research institutions since 2000.
(C) The causes and extent of cost growth at joint
professional military education research institutions
since 2000.
(D) The focus of research activity conducted by the
joint professional military education research
institutions, and the extent to which each joint
professional military education research institution
performs a unique research function or engages in
similar or duplicative efforts with other components or
elements of the Department of Defense.
(E) The measures of effectiveness used by the joint
professional military education research institutions,
the senior and intermediate joint professional military
education colleges and universities, and other oversight
entities to evaluate the performance of the joint
professional military education research institutions in
meeting established goals or objectives.
(3) Definitions.--In this subsection:
(A) The term ``joint professional military education
research institutions'' means subordinate organizations
(including centers, institutes, and schools) under the
senior and intermediate joint professional military
education colleges and universities for which research
is the primary mission or reason for existence.
(B) The term ``senior and intermediate joint
professional military education colleges and
universities'' means the following:
(i) The National Defense University.
[[Page 126 STAT. 1741]]
(ii) The Army War College.
(iii) The Navy War College.
(iv) The Air University.
(v) The Air War College.
(vi) The Marine Corp University.
Subtitle F--Reserve Officers' Training Corps and Related Matters
SEC. 551. REPEAL OF REQUIREMENT FOR ELIGIBILITY FOR IN-STATE
TUITION OF AT LEAST 50 PERCENT OF
PARTICIPANTS IN SENIOR RESERVE OFFICERS'
TRAINING CORPS PROGRAM.
Section 2107(c)(1) of title 10, United States Code, is amended by
striking the third sentence.
SEC. 552. CONSOLIDATION OF MILITARY DEPARTMENT AUTHORITY TO ISSUE
ARMS, TENTAGE, AND EQUIPMENT TO
EDUCATIONAL INSTITUTIONS NOT MAINTAINING
UNITS OF JUNIOR RESERVE OFFICERS' TRAINING
CORPS.
(a) Consolidation.--Chapter 102 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 2034. <<NOTE: 10 USC 2034.>> Educational institutions not
maintaining units of Junior Reserve Officers'
Training Corps: issuance of arms, tentage, and
equipment
``The Secretary of a military department may issue arms, tentage,
and equipment to an educational institution at which no unit of the
Junior Reserve Officers' Training Corps is maintained if the educational
institution--
``(1) offers a course in military training prescribed by
that Secretary; and
``(2) has a student body of at least 50 students who are in
a grade above the eighth grade.''.
(b) Repeal of Separate Authorities.--Sections 4651, 7911, and 9651
of such title are repealed.
(c) Clerical Amendments.--
(1) Consolidated authority.--The table of sections at the
beginning of chapter 102 of such title is <<NOTE: 10 USC prec.
2031.>> amended by adding at the end the following new item:
``2034. Educational institutions not maintaining units of Junior Reserve
Officers' Training Corps: issuance of arms, tentage, and
equipment.''.
(2) Army authority.--The table of sections at the beginning
of chapter 441 of such title is <<NOTE: 10 USC prec.
4651.>> amended by striking the item relating to section 4651.
(3) Navy authority.--The table of sections at the beginning
of chapter 667 of such title is <<NOTE: 10 USC prec.
7911.>> amended by striking the item relating to section 7911.
(4) Air force authority.--The table of sections at the
beginning of chapter 941 of such title is <<NOTE: 10 USC prec.
9651.>> amended by striking the item relating to section 9651.
[[Page 126 STAT. 1742]]
SEC. 553. MODIFICATION OF REQUIREMENTS ON PLAN TO INCREASE THE
NUMBER OF UNITS OF THE JUNIOR RESERVE
OFFICERS' TRAINING CORPS.
(a) Number of Units Covered by Plan.--Subsection (a) of section 548
of the Duncan Hunter National Defense Authorization Act for Fiscal Year
2009 <<NOTE: 10 USC 2031 note.>> (Public Law 110-417; 122 Stat. 4466) is
amended by striking ``not less than 3,700 units'' and inserting ``not
less than 3,000, and not more than 3,700, units''.
(b) Additional Exception.--Subsection (b) of such section is
amended--
(1) in paragraph (1), by striking ``or'' at the end;
(2) in paragraph (2), by striking the period at the end and
inserting ``; or''; and
(3) by adding at the end the following new paragraph:
``(3) if the Secretaries of the military departments
determine that the level of support of all kinds (including
appropriated funds) provided to youth development programs
within the Armed Forces is consistent with funding limitations
and the achievement of the objectives of such programs.''.
(c) Submittal of Revised Plan and Implementation Reports.--
Subsection (e) of such section is amended to read as follows:
``(e) Time for Submission.--Not later than March 31, 2013, the
Secretary of Defense shall submit to the congressional defense
committees a revised plan under subsection (a) to reflect amendments
made to subsections (a) and (b) during fiscal year 2013 and a new report
under subsection (d) to address the revised plan. The Secretary shall
submit an updated report not later than March 31 of each of 2015, 2018,
and 2020.''.
SEC. 554. COMPTROLLER GENERAL REPORT ON RESERVE OFFICERS' TRAINING
CORPS PROGRAMS.
(a) Report Required.--Not later than 270 days after the date of the
enactment of this Act, the Comptroller General of the United States
shall submit to the congressional defense committees a report setting
forth the assessment of the Comptroller General regarding the following:
(1) Whether the Reserve Officers' Training Corps (ROTC)
programs of the military departments are effectively meeting,
and structured to meet, current and projected requirements for
newly commissioned officers in the Armed Forces.
(2) The cost-effectiveness and unit productivity of the
current Reserve Officers' Training Corps programs.
(3) The adequacy of current oversight and criteria for the
establishment and disestablishment of units of the Reserve
Officers' Training Corps.
(b) Elements.--The report required by subsection (a) shall include,
at a minimum, the following:
(1) A list of the units of the Reserve Officers' Training
Corps by Armed Force, and by college or university, and the
number of cadets and midshipman currently enrolled by class or
year group.
(2) The number of officers commissioned in 2012 from the
Reserve Officers' Training Corps programs, and the number
projected to be commissioned over the period of the current
future-years defense program under section 221 of title 10,
[[Page 126 STAT. 1743]]
United States Code, from each unit listed under paragraph (1).
(3) An assessment of the requirements of each Armed Force
for newly commissioned officers in 2012 and the strategic
planning regarding such requirements over the period of the
current future-years defense program.
(4) The number of military and civilian personnel of the
Department of Defense assigned to lead and manage units of the
Reserve Officers' Training Corps, and the grades of the military
personnel so assigned.
(5) An assessment of Department of Defense-wide and Armed-
Force specific standards regarding the productivity of units of
the Reserve Officers' Training Corps, and an assessment of
compliance with such standards.
(6) An assessment of the projected use by the Armed Forces
of the procedures available to the Armed Forces to respond to
overages in the number of cadets and midshipmen in the Reserve
Officers' Training Corps programs.
(7) A description of the plans of the Armed Forces to retain
or disestablish units of the Reserve Officers' Training Corps
that do not meet productivity standards.
Subtitle G--Defense Dependents' Education and Military Family Readiness
SEC. 561. CONTINUATION OF AUTHORITY TO ASSIST LOCAL EDUCATIONAL
AGENCIES THAT BENEFIT DEPENDENTS OF
MEMBERS OF THE ARMED FORCES AND DEPARTMENT
OF DEFENSE CIVILIAN EMPLOYEES.
(a) Assistance to Schools With Significant Numbers of Military
Dependent Students.--Of the amount authorized to be appropriated for
fiscal year 2013 by section 301 and available for operation and
maintenance for Defense-wide activities as specified in the funding
table in section 4301, $25,000,000 shall be available only for the
purpose of providing assistance to local educational agencies under
subsection (a) of section 572 of the National Defense Authorization Act
for Fiscal Year 2006 (Public Law 109-163; 20 U.S.C. 7703b).
(b) Assistance to Schools With Enrollment Changes Due to Base
Closures, Force Structure Changes, or Force Relocations.--
(1) Extension of authority to provide assistance.--Section
572(b)(4) of the National Defense Authorization Act for Fiscal
Year 2006 (20 U.S.C. 7703b(b)(4)) is amended by striking
``September 30, 2012'' and inserting ``September 30, 2014''.
(2) Amount of assistance authorized.--Of the amount
authorized to be appropriated for fiscal year 2013 by section
301 and available for operation and maintenance for Defense-wide
activities as specified in the funding table in section 4301,
$5,000,000 shall be available only for the purpose of providing
assistance to local educational agencies under subsection (b) of
section 572 of the National Defense Authorization Act for Fiscal
Year 2006 (20 U.S.C. 7703b).
[[Page 126 STAT. 1744]]
(c) Repeal of Obsolete Funding Reference.--Section 572 of the
National Defense Authorization Act for Fiscal Year 2006 (20 U.S.C.
7703b) is amended--
(1) by striking subsection (e); and
(2) by redesignating subsection (f) as subsection (e).
(d) Local Educational Agency Defined.--In this section, the term
``local educational agency'' has the meaning given that term in section
8013(9) of the Elementary and Secondary Education Act of 1965 (20 U.S.C.
7713(9)).
SEC. 562. IMPACT AID FOR CHILDREN WITH SEVERE DISABILITIES.
Of the amount authorized to be appropriated for fiscal year 2013
pursuant to section 301 and available for operation and maintenance for
Defense-wide activities as specified in the funding table in section
4301, $5,000,000 shall be available for payments under section 363 of
the Floyd D. Spence National Defense Authorization Act for Fiscal Year
2001 (as enacted into law by Public Law 106-398; 114 Stat. 1654A-77; 20
U.S.C. 7703a).
SEC. 563. <<NOTE: Impact Aid Improvement Act of 2012. 20 USC 6301
note.>> AMENDMENTS TO THE IMPACT AID
PROGRAM.
(a) Short Title.--This section may be cited as the ``Impact Aid
Improvement Act of 2012''.
(b) Amendments to the Impact Aid Program.--Title VIII of the
Elementary and Secondary Education Act of 1965 (20 U.S.C. 7701 et seq.)
is amended--
(1) in section 8002 (20 U.S.C. 7702)--
(A) in subsection (a)--
(i) by striking ``for a fiscal year ending
prior to October 1, 2003''; and
(ii) by inserting ``or (h)'' after
``subsection (b)'';
(B) in subsection (b)--
(i) in paragraph (2), by striking ``aggregate
assessed'' and inserting ``estimated taxable'';
and
(ii) by striking paragraph (3) and inserting
the following:
``(3) Determination of taxable value for eligible federal
property.--
``(A) In general.--In determining the estimated
taxable value of such acquired Federal property for
fiscal year 2010 and each succeeding fiscal year, the
Secretary shall--
``(i) first determine the total taxable value
for the purpose of levying property tax for school
purposes for current expenditures of real property
located within the boundaries of such local
educational agency;
``(ii) then determine the per acre value of
the eligible Federal property by dividing the
total taxable value as determined in clause (i) by
the difference between the total acres located
within the boundaries of the local educational
agency and the number of Federal acres eligible
under this section; and
``(iii) then determine the total taxable value
of the eligible Federal property by multiplying
the per acre value as calculated under clause (ii)
by the number of Federal acres eligible under this
section.
``(B) Special rule.--In the case of Federal property
eligible under this section that is within the
boundaries
[[Page 126 STAT. 1745]]
of 2 or more local educational agencies, such a local
educational agency may ask the Secretary to calculate
the per acre value of each such local educational agency
as provided under subparagraph (A) and apply the average
of these per acre values to the acres of the Federal
property in such agency.''; and
(C) in subsection (h)--
(i) in paragraph (1)--
(I) in the paragraph heading, by
striking ``for pre-1995 recipients ''
and inserting ``for pre-2010
recipients''; and
(II) by striking subparagraphs (A)
and (B) and inserting the following:
``(A) <<NOTE: Payment.>> In general.--The Secretary
shall first make a foundation payment to each local
educational agency that is determined by the Secretary
to be eligible to receive a payment under this section
for the fiscal year involved and that filed a timely
application, and met, or has been determined by statute
to meet, the eligibility requirements of subsection (a)
for fiscal year 2009.
``(B) Amount.--
``(i) In general.--The amount of a payment
under subparagraph (A) for a local educational
agency shall be equal to the greater of 90 percent
of the payment the local educational agency
received from dollars appropriated for fiscal year
2009 or 90 percent of the average payment that the
local educational agency received from dollars
appropriated for fiscal years 2006, 2007, 2008,
and 2009, and shall be calculated without regard
to the maximum payment provisions in subsection
(b)(1)(C).
``(ii) Exception.--In calculating such average
payment for a local educational agency that did
not receive a payment under subsection (b) for 1
or more of the fiscal years between fiscal year
2006 and 2009, inclusive, the lowest such payment
made to the agency for fiscal year 2006, 2007,
2008, or 2009, shall be treated as the payment
that the agency received under subsection (b) for
each fiscal year for which the agency did not
receive such a payment.''; and
(ii) by striking paragraphs (2) through (4)
and inserting the following:
``(2) Foundation payments for new applicants.--
``(A) First year.--From any amounts remaining after
making payments under paragraph (1) and subsection
(i)(1) for the fiscal year involved, the Secretary shall
make a payment, in an amount determined in accordance
with subparagraph (C), to each local educational agency
that the Secretary determines eligible for a payment
under this section for a fiscal year after fiscal year
2009 and that did not receive a payment under paragraph
(1) for the fiscal year for which such agency was
determined eligible for such payment.
``(B) Second and succeeding years.--For any
succeeding fiscal year after the first fiscal year that
a local educational agency receives a foundation payment
under subparagraph (A), the amount of the local
educational
[[Page 126 STAT. 1746]]
agency's foundation payment under this paragraph for
such succeeding fiscal year shall be equal to the local
educational agency's foundation payment under this
paragraph for the first fiscal year.
``(C) <<NOTE: Determination.>> Amounts.--The amount
of a payment under subparagraph (A) for a local
educational agency shall be determined as follows:
``(i) Calculate the local educational agency's
maximum payment under subsection (b).
``(ii) Calculate the percentage that the
amount appropriated under section 8014(a) for the
most recent fiscal year for which the Secretary
has completed making payments under this section
is of the total maximum payments for such fiscal
year for all local educational agencies eligible
for a payment under subsection (b) and multiply
the agency's maximum payment by such percentage.
``(iii) Multiply the amount determined under
clause (ii) by 90 percent.
``(D) Insufficient funds.--If the amount
appropriated under section 8014(a) of this title is
insufficient to pay the full amount determined under
this paragraph for all eligible local educational
agencies for the fiscal year, then the Secretary shall
ratably reduce the payment to each local educational
agency under this paragraph.
``(3) Remaining funds.--From any funds remaining after
making payments under paragraphs (1) and (2) for the fiscal year
involved, the Secretary shall make a payment to each local
educational agency that received a foundation payment under
paragraph (1) or (2) or subsection (i)(1), for the fiscal year
involved in an amount that bears the same relation to the
remainder as a percentage share determined for the local
educational agency (by dividing the maximum amount that the
agency is eligible to receive under subsection (b) by the total
of the maximum amounts for all such agencies) bears to the
percentage share determined (in the same manner) for all local
educational agencies eligible to receive a payment under this
section for the fiscal year involved, except that, for the
purpose of calculating a local educational agency's maximum
amount under subsection (b), data from the most current fiscal
year shall be used.
``(4) <<NOTE: Deadline.>> Data.--For each local educational
agency that received a payment under this section for fiscal
year 2010 through the fiscal year in which the Impact Aid
Improvement Act of 2012 is enacted, the Secretary shall not make
a payment under paragraph (3) to a local educational agency that
fails to submit, within 60 days of the date the Secretary
notifies the agency that the information is needed, the data
necessary to calculate the maximum amount of a payment under
subsection (b) for that local educational agency.'';
(2) by striking section 8003(a)(4) (20 U.S.C. 7703(a)(4))
and inserting the following:
``(4) Military installation and indian housing undergoing
renovation or rebuilding.--
``(A) <<NOTE: Effective
date. Determination. Certification.>> Military
installation housing.--Beginning in fiscal year 2014, in
determining the amount of a payment for a local
educational agency for children described in
[[Page 126 STAT. 1747]]
paragraph (1)(D)(i), the Secretary shall consider those
children as if they were children described in paragraph
(1)(B) if the Secretary determines, on the basis of a
certification provided to the Secretary by a designated
representative of the Secretary of Defense, that those
children would have resided in housing on Federal
property if the housing was not undergoing renovation or
rebuilding. The total number of children treated as
children described in paragraph (1)(B) shall not exceed
the lessor of--
``(i) the total number of children eligible
under paragraph (1)(B) for the year prior to the
initiation of the housing project on Federal
property undergoing renovation or rebuilding; or
``(ii) the total number of Federally connected
children enrolled at the local educational agency
as stated in the application filed for the payment
for the year for which the determination is made.
``(B) Indian lands.--Beginning in fiscal year 2014,
in determining the amount of a payment for a local
educational agency that received a payment for children
that resided on Indian lands in accordance with
paragraph (1)(C) for the fiscal year prior to the fiscal
year for which the local educational agency is making an
application, the Secretary shall consider those children
to be children described in paragraph (1)(C) if the
Secretary determines on the basis of a certification
provided to the Secretary by a designated representative
of the Secretary of the Interior or the Secretary of
Housing and Urban Development that those children would
have resided in housing on Indian lands if the housing
was not undergoing renovation or rebuilding. The total
number of children treated as children described in
paragraph (1)(C) shall not exceed the lessor of--
``(i) the total number of children eligible
under paragraph (1)(C) for the year prior to the
initiation of the housing project on Indian lands
undergoing renovation or rebuilding; or
``(ii) the total number of Federally connected
children enrolled at the local educational agency
as stated in the application filed for the payment
for the year for which the determination is made.
``(C) Eligible housing.--Renovation or rebuilding
shall be defined as projects considered as
capitalization, modernization, or restoration, as
defined by the Secretary of Defense or the Secretary of
the Interior (as the case may be) and are projects that
last more than 30 days, but do not include `sustainment
projects' such as painting, carpeting, or minor
repairs.''; and
(3) in section 8010 (20 U.S.C. 7710)--
(A) in subsection (c)(1), by striking ``paragraph
(3) of this subsection'' both places the term appears
and inserting ``paragraph (2)''; and
(B) by adding at the end the following:
``(d) Timely Payments.--
``(1) In general.--Subject to paragraph (2), the Secretary
shall pay a local educational agency the full amount that the
agency is eligible to receive under this title for a fiscal year
[[Page 126 STAT. 1748]]
not later than September 30 of the second fiscal year following
the fiscal year for which such amount has been appropriated if,
not later than 1 calendar year following the fiscal year in
which such amount has been appropriated, such local educational
agency submits to the Secretary all the data and information
necessary for the Secretary to pay the full amount that the
agency is eligible to receive under this title for such fiscal
year.
``(2) Payments with respect of fiscal years in which
insufficient funds are appropriated.--For
a <<NOTE: Applicability.>> fiscal year in which the amount
appropriated under section 8014 is insufficient to pay the full
amount a local educational agency is eligible to receive under
this title, paragraph (1) shall be applied by substituting `is
available to pay the agency' for `the agency is eligible to
receive' each place the term appears.''.
(c) <<NOTE: 20 USC 7702 note. Time period.>> Effective Date,
Implementation, and Repeal.--
(1) In general.--The amendments made by subsection (b) shall
be effective for a 2-year period beginning on the date of
enactment of this Act.
(2) Effective date.--Notwithstanding section 8005(d) of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
7705(d)), subsection (b)(1), and the amendments made by
subsection (b)(1), shall take effect with respect to
applications submitted under section 8002 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7702) for fiscal year
2010.
(3) Implementation.--The Secretary of Education shall carry
out the amendments made by this section without regard to the
rulemaking procedures under section 553 of title 5, United
States Code.
(4) <<NOTE: Applicability. 20 USC 7702, 7703, 7710.>>
Repeal.--The amendments made by subsection (b) shall be repealed
on the day after the 2-year period described in paragraph (1)
and title VIII of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 7701 et seq.) shall be applied as if such
subsection and the amendments made by such subsection had never
been enacted.
SEC. 564. TRANSITIONAL COMPENSATION FOR DEPENDENT CHILDREN WHO ARE
CARRIED DURING PREGNANCY AT TIME OF
DEPENDENT-ABUSE OFFENSE COMMITTED BY AN
INDIVIDUAL WHILE A MEMBER OF THE ARMED
FORCES.
(a) In General.--Section 1059 of title 10, United States Code, is
amended--
(1) in subsection (f), by adding at the end the following
new paragraph:
``(4) Payment to a child under this section shall not cover any
period before the birth of the child.''; and
(2) in subsection (l), by striking ``at the time of the
dependent-abuse offense resulting in the separation of the
former member'' in the matter preceding paragraph (1) and
inserting ``or eligible spouse at the time of the dependent-
abuse offense resulting in the separation of the former member
or who was carried during pregnancy at the time of the
dependent-abuse offense resulting in the separation of the
former member and was subsequently born alive to the eligible
spouse or former spouse''.
[[Page 126 STAT. 1749]]
(b) <<NOTE: 10 USC 1059 note.>> Prospective Applicability.--No
benefits shall accrue by reason of the amendments made by this section
for any month that begins before the date of the enactment of this Act.
SEC. 565. MODIFICATION OF AUTHORITY TO ALLOW DEPARTMENT OF DEFENSE
DOMESTIC DEPENDENT ELEMENTARY AND
SECONDARY SCHOOLS TO ENROLL CERTAIN
STUDENTS.
Section 2164 of title 10, United States Code, is amended by adding
at the end the following new subsections:
``(k) Enrollment of Relocated Defense Dependents' Education System
Students.--(1) The Secretary of Defense may authorize the enrollment in
a Department of Defense education program provided by the Secretary
pursuant to subsection (a) of a dependent of a member of the armed
forces or a dependent of a Federal employee who is enrolled in the
defense dependents' education system established under section 1402 of
the Defense Dependents' Education Act of 1978 (20 U.S.C. 921) if--
``(A) the dependents departed the overseas location as a
result of a evacuation order;
``(B) the designated safe haven of the dependent is located
within reasonable commuting distance of a school operated by the
Department of Defense education program; and
``(C) the school possesses the capacity and resources
necessary to enable the student to attend the school.
``(2) Unless waived by the Secretary of Defense, a dependent
described in paragraph (1) who is enrolled in a school operated by the
Department of Defense education program pursuant to such paragraph may
attend the school only through the end of the school year.
``(l) Enrollment in Virtual Elementary and Secondary Education
Program.--(1) Under <<NOTE: Regulations.>> regulations prescribed by the
Secretary of Defense, the Secretary may authorize the enrollment in the
virtual elementary and secondary education program established as a
component of the Department of Defense education program of a dependent
of a member of the armed forces on active duty who--
``(A) is enrolled in an elementary or secondary school
operated by a local educational agency or another accredited
educational program in the United States (other than a school
operated by the Department of Defense education program); and
``(B) immediately before such enrollment, was enrolled in
the defense dependents' education system established under
section 1402 of the Defense Dependents' Education Act of 1978
(20 U.S.C. 921).
``(2) Enrollment of a dependent described in paragraph (1) pursuant
to such paragraph shall be on a tuition basis.''.
SEC. 566. NONCOMPETITIVE APPOINTMENT AUTHORITY REGARDING CERTAIN
MILITARY SPOUSES.
(a) In General.--Subchapter I of chapter 33 of title 5, United
States Code, is amended by adding at the end the following new section:
``Sec. 3330d. <<NOTE: 10 USC 3330d.>> Appointment of certain
military spouses
``(a) Definitions.--In this section:
``(1) The term `active duty'--
[[Page 126 STAT. 1750]]
``(A) has the meaning given that term in section
101(d)(1) of title 10;
``(B) includes full-time National Guard duty (as
defined in section 101(d)(5) of title 10); and
``(C) for a member of a reserve component (as
described in section 10101 of title 10), does not
include training duties or attendance at a service
school.
``(2) The term `agency'--
``(A) has the meaning given the term `Executive
agency' in section 105 of this title; and
``(B) does not include the Government Accountability
Office.
``(3) The term `geographic area of the permanent duty
station' means the area from which individuals reasonably can be
expected to travel daily to and from work at the location of a
member's permanent duty station.
``(4) The term `permanent change of station' means the
assignment, detail, or transfer of a member of the Armed Forces
who is on active duty and serving at a permanent duty station
under a competent authorization or order that does not--
``(A) specify the duty as temporary;
``(B) provide for assignment, detail, or transfer,
after that different permanent duty station, to a
further different permanent duty station; or
``(C) direct return to the initial permanent duty
station.
``(5) The term `relocating spouse of a member of the Armed
Forces' means an individual who--
``(A) is married to a member of the Armed Forces (on
or prior to a permanent change of station of the member)
who is ordered to active duty for a period of more than
180 consecutive days;
``(B) relocates to the member's permanent duty
station; and
``(C) before relocating as described in subparagraph
(B), resided outside the geographic area of the
permanent duty station.
``(6) The term `spouse of a disabled or deceased member of
the Armed Forces' means an individual--
``(A) who is married to a member of the Armed Forces
who--
``(i) is retired, released, or discharged from
the Armed Forces; and
``(ii) on the date on which the member
retires, is released, or is discharged, has a
disability rating of 100 percent under the
standard schedule of rating disabilities in use by
the Department of Veterans Affairs; or
``(B) who--
``(i) was married to a member of the Armed
Forces on the date on which the member dies while
on active duty in the Armed Forces; and
``(ii) has not remarried.
``(b) Appointment Authority.--The head of an agency may appoint
noncompetitively--
``(1) a relocating spouse of a member of the Armed Forces;
or
[[Page 126 STAT. 1751]]
``(2) a spouse of a disabled or deceased member of the Armed
Forces.
``(c) Special Rules Regarding Relocating Spouse.--
``(1) In general.--An appointment of a relocating spouse of
a member of the Armed Forces under this section may only be to a
position the duty station for which is within the geographic
area of the permanent duty station of the member of the Armed
Forces, unless there is no agency with a position with a duty
station within the geographic area of the permanent duty station
of the member of the Armed Forces.
``(2) Single permanent appointment per duty station.--A
relocating spouse of a member of the Armed Forces may not
receive more than 1 permanent appointment under this section for
each time the spouse relocates as described in subparagraphs (B)
and (C) of subsection (a)(5).
``(d) Special Rules Regarding Spouse of a Disabled or Deceased
Member of the Armed Forces.--
``(1) In general.--An appointment of an eligible spouse as
described in subparagraph (A) or (B) of subsection (a)(6) is not
restricted to a geographical area.
``(2) Single permanent appointment.--A spouse of a disabled
or deceased member of the Armed Forces may not receive more than
1 permanent appointment under this section.''.
(b) <<NOTE: Deadline. 5 USC 3330d note.>> Regulations.--Not later
than 180 after the date of the enactment of this Act, the Director of
the Office of Personnel Management shall amend section 315.612 of title
5, Code of Federal Regulations (relating to noncompetitive appointment
of certain military spouses), in accordance with the amendment made by
subsection (a) and promulgate or amend any other regulations necessary
to carry out the amendment made by subsection (a).
(c) Clerical Amendment.--The table of sections for chapter 33 of
title 5, United States Code, is <<NOTE: 5 USC prec. 3301.>> amended by
inserting after the item relating to section 3330c the following new
item:
``3330d. Appointment of certain military spouses.''.
SEC. 567. REPORT ON FUTURE OF FAMILY SUPPORT PROGRAMS OF THE
DEPARTMENT OF DEFENSE.
(a) Report Required.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
congressional defense committees a report on the anticipated future of
the family support programs of the Department of Defense during the
five-year period beginning on the date of the submittal of the report as
end strengths for the Armed Forces are reduced and the Armed Forces are
drawn down from combat operations in Afghanistan.
(b) Elements.--The report required by subsection (a) shall include
the following:
(1) A description of the current family support programs of
each of the Armed Forces and the Department of Defense,
including the name, scope and intended purpose of each program.
(2) An assessment of the current costs of the family support
programs covered by paragraph (1), and an estimate of the costs
of anticipated family support programs of the Armed Forces and
Department over the period covered by the report.
(3) An assessment of the costs and other consequences
associated with the elimination or reduction of any current
[[Page 126 STAT. 1752]]
family support programs covered by paragraph (1) over the period
covered by the report.
(4) An assessment of the family support programs of each of
the Armed Forces covered by paragraph (1), including any planned
or anticipated changes to the programs over the period covered
by the report.
SEC. 568. SENSE OF CONGRESS REGARDING SUPPORT FOR YELLOW RIBBON
DAY.
Congress supports the goals and ideals of Yellow Ribbon Day in honor
of members of the Armed Forces and other individuals of the United
States who are serving overseas apart from their families and loved
ones.
Subtitle H--Improved Sexual Assault Prevention and Response in the Armed
Forces
SEC. 570. ARMED FORCES WORKPLACE AND GENDER RELATIONS SURVEYS.
(a) Additional Content of Surveys.--Subsection (c) of section 481 of
title 10, United States Code, is amended--
(1) by striking ``harassment and discrimination'' and
inserting ``harassment, assault, and discrimination'';
(2) by redesignating paragraphs (2) and (3) as paragraphs
(3) and (4); respectively;
(3) by inserting after paragraph (1) the following new
paragraph (2):
``(2) The specific types of assault that have occurred, and
the number of times each respondent has been assaulted during
the preceding year.'';
(4) in paragraph (4), as so redesignated, by striking
``discrimination'' and inserting ``discrimination, harassment,
and assault''; and
(5) by adding at the end the following new paragraph:
``(5) Any other issues relating to discrimination,
harassment, or assault as the Secretary of Defense considers
appropriate.''.
(b) Time for Conducting of Surveys.--Such section is further
amended--
(1) in subsection (a)(1), by striking ``four quadrennial
surveys (each in a separate year)'' and inserting ``four
surveys''; and
(2) by striking subsection (d) and inserting the following
new subsection:
``(d) When Surveys Required.--(1) One of the two Armed Forces
Workplace and Gender Relations Surveys shall be conducted in 2014 and
then every second year thereafter and the other Armed Forces Workplace
and Gender Relations Survey shall be conducted in 2015 and then every
second year thereafter, so that one of the two surveys is being
conducted each year.
``(2) The two Armed Forces Workplace and Equal Opportunity Surveys
shall be conducted at least once every four years. The two surveys may
not be conducted in the same year.''.
[[Page 126 STAT. 1753]]
SEC. 571. AUTHORITY TO RETAIN OR RECALL TO ACTIVE DUTY RESERVE
COMPONENT MEMBERS WHO ARE VICTIMS OF
SEXUAL ASSAULT WHILE ON ACTIVE DUTY.
(a) In General.--Chapter 1209 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 12323. <<NOTE: 10 USC 12323.>> Active duty pending line of
duty determination required for response to
sexual assault
``(a) Continuation on Active Duty.--In the case of a member of a
reserve component who is the alleged victim of sexual assault committed
while on active duty and who is expected to be released from active duty
before the determination is made regarding whether the member was
assaulted while in the line of duty (in this section referred to as a
`line of duty determination'), the Secretary concerned, upon the request
of the member, may order the member to be retained on active duty until
completion of the line of duty determination. A member eligible for
continuation on active duty under this subsection shall be informed as
soon as practicable after the alleged assault of the option to request
continuation on active duty under this subsection.
``(b) Return to Active Duty.--In the case of a member of a reserve
component not on active duty who is the alleged victim of a sexual
assault that occurred while the member was on active duty and when the
line of duty determination is not completed, the Secretary concerned,
upon the request of the member, may order the member to active duty for
such time as necessary for completion of the line of duty determination.
``(c) <<NOTE: Guidelines. Deadlines.>> Regulations.--The
Secretaries of the military departments shall prescribe regulations to
carry out this section, subject to guidelines prescribed by the
Secretary of Defense. The guidelines of the Secretary of Defense shall
provide that--
``(1) a request submitted by a member described in
subsection (a) or (b) to continue on active duty, or to be
ordered to active duty, respectively, must be decided within 30
days from the date of the request; and
``(2) if the request is denied, the member may appeal to the
first general officer or flag officer in the chain of command of
the member, and in the case of such an appeal a decision on the
appeal must be made within 15 days from the date of the
appeal.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 1209 of such title is <<NOTE: 10 USC prec. 12301.>> amended
adding at the end the following new item:
``12323. Active duty pending line of duty determination required for
response to sexual assault.''.
SEC. 572. ADDITIONAL ELEMENTS IN COMPREHENSIVE DEPARTMENT OF
DEFENSE POLICY ON SEXUAL ASSAULT
PREVENTION AND RESPONSE.
(a) <<NOTE: Deadline.>> Policy Modifications.--Not later than 180
days after the date of the enactment of this Act, the Secretary of
Defense shall modify the revised comprehensive policy for the Department
of Defense sexual assault prevention and response program required by
section 1602 of the Ike Skelton National Defense Authorization Act for
Fiscal Year 2011 (Public Law 111-383; 124 Stat. 4430; 10 U.S.C. 1561
note) to include in the policy the following new requirements:
[[Page 126 STAT. 1754]]
(1) <<NOTE: Records.>> Subject to subsection (b), a
requirement that the Secretary of each military department
establish a record on the disposition of any Unrestricted Report
of sexual assault involving a member of the Armed Forces,
whether such disposition is court martial, nonjudicial
punishment, or other administrative action.
(2) A requirement that the Secretary of each military
department establish policies to require the processing for
administrative separation of any member of the Armed Forces
under the jurisdiction of such Secretary whose conviction for a
covered offense is final and who is not punitively discharged
from the Armed Forces in connection with such conviction. Such
requirement--
(A) <<NOTE: Procedures. Regulations.>> shall ensure
that any separation decision is based on the full facts
of the case and that due process procedures are provided
under regulations prescribed by the Secretary of
Defense; and
(B) shall not be interpreted to limit or alter the
authority of the Secretary of the military department
concerned to process members of the Armed Forces for
administrative separation for other offenses or under
other provisions of law.
(3) <<NOTE: Deadline. Assessment.>> A requirement that the
commander of each military command and other units specified by
the Secretary of Defense for purposes of the policy shall
conduct, within 120 days after the commander assumes command and
at least annually thereafter while retaining command, a climate
assessment of the command or unit for purposes of preventing and
responding to sexual assaults. The climate assessment shall
include an opportunity for members of the Armed Forces to
express their opinions regarding the manner and extent to which
their leaders, including commanders, respond to allegations of
sexual assault and complaints of sexual harassment and the
effectiveness of such response.
(4) <<NOTE: Communication and tele- communications.>> A
requirement to post and widely disseminate information about
resources available to report and respond to sexual assaults,
including the establishment of hotline phone numbers and
Internet websites available to all members of the Armed Forces.
(5) <<NOTE: Notification.>> A requirement for a general
education campaign to notify members of the Armed Forces
regarding the authorities available under chapter 79 of title
10, United States Code, for the correction of military records
when a member experiences any retaliatory personnel action for
making a report of sexual assault or sexual harassment.
(b) Additional Requirements Regarding Disposition Records of Sexual
Assault Reports.--
(1) Elements.--The record of the disposition of an
Unrestricted Report of sexual assault established under
subsection (a)(1) shall include information regarding the
following, as appropriate:
(A) Documentary information collected about the
incident, other than investigator case notes.
(B) Punishment imposed, including the sentencing by
judicial or non-judicial means, including incarceration,
fines, restriction, and extra duty as a result of
military
[[Page 126 STAT. 1755]]
court-martial, Federal or local court and other
sentencing, or any other punishment imposed.
(C) Adverse administrative actions taken against the
subject of the investigation, if any.
(D) Any pertinent referrals made for the subject of
the investigation, offered as a result of the incident,
such as drug and alcohol counseling and other types of
counseling or intervention.
(2) Retention of records.--The Secretary of Defense shall
require that--
(A) the disposition records established pursuant to
subsection (a)(1) be retained for a period of not less
than 20 years; and
(B) information from the records that satisfies the
reporting requirements established in section 1631 of
the Ike Skelton National Defense Authorization Act for
Fiscal Year 2011 (Public Law 111-383; 10 U.S.C. 1561
note) be incorporated into the Defense Sexual Assault
Incident Database and maintained for the same period as
applies to retention of the records under subparagraph
(A).
(c) Covered Offense Defined.--For purposes of subsection (a)(2), the
term ``covered offense'' means the following:
(1) Rape or sexual assault under subsection (a) or (b) of
section 920 of title 10, United States Code (article 120 of the
Uniform Code of Military Justice).
(2) Forcible sodomy under section 925 of title 10, United
States Code (article 125 of the Uniform Code of Military
Justice).
(3) An attempt to commit an offense specified in paragraph
(1) or (2) under section 880 of title 10, United States Code
(article 80 of the Uniform Code of Military Justice).
SEC. 573. <<NOTE: 10 USC 1561 note.>> ESTABLISHMENT OF SPECIAL
VICTIM CAPABILITIES WITHIN THE MILITARY
DEPARTMENTS TO RESPOND TO ALLEGATIONS OF
CERTAIN SPECIAL VICTIM OFFENSES.
(a) <<NOTE: Regulations.>> Establishment Required.--Under
regulations prescribed by the Secretary of Defense, the Secretary of
each military department shall establish special victim capabilities for
the purposes of--
(1) investigating and prosecuting allegations of child
abuse, serious domestic violence, or sexual offenses; and
(2) providing support for the victims of such offenses.
(b) Personnel.--The special victim capabilities developed under
subsection (a) shall include specially trained and selected--
(1) investigators from the Army Criminal Investigative
Command, Naval Criminal Investigative Service, or Air Force
Office of Special Investigations;
(2) judge advocates;
(3) victim witness assistance personnel; and
(4) administrative paralegal support personnel.
(c) Training, Selection, and Certification Standards.--The Secretary
of Defense shall prescribe standards for the training, selection, and
certification of personnel who will provide special victim capabilities
for a military department.
(d) Discretion Regarding Extent of Capabilities.--
(1) <<NOTE: Determination.>> In general.--Subject to
paragraph (2), the Secretary of a military department shall
determine the extent to which
[[Page 126 STAT. 1756]]
special victim capabilities will be established within the
military department and prescribe regulations for the management
and use of the special victim capabilities.
(2) Required elements.--At a minimum, the special victim
capabilities established within a military department must
provide effective, timely, and responsive world-wide support for
the purposes described in subsection (a).
(e) <<NOTE: Deadlines.>> Time for Establishment.--
(1) <<NOTE: Reports.>> Implementation plan.--Not later than
270 days after the date of the enactment of this Act, the
Secretary of Defense shall submit to the Committees on Armed
Services of the Senate and the House of Representatives a report
containing--
(A) the plans and time lines of the Secretaries of
the military departments for the establishment of the
special victims capabilities; and
(B) an assessment by the Secretary of Defense of the
plans and time lines.
(2) Initial capabilities.--Not later than one year after the
date of the enactment of this Act, the Secretary of each
military department shall have available an initial special
victim capability consisting of the personnel specified in
subsection (b).
(f) <<NOTE: Deadline.>> Evaluation of Effectiveness.--Not later
than 180 days after the date of the enactment of this Act, the Secretary
of Defense shall--
(1) <<NOTE: Criteria.>> prescribe the common criteria to be
used by the Secretaries of the military departments to measure
the effectiveness and impact of the special victim capabilities
from the investigative, prosecutorial, and victim's
perspectives; and
(2) <<NOTE: Reports.>> require the Secretaries of the
military departments to collect and report the data used to
measure such effectiveness and impact.
(g) Special Victim Capabilities Defined.--In this section, the term
``special victim capabilities'' means a distinct, recognizable group of
appropriately skilled professionals who work collaboratively to achieve
the purposes described in subsection (a). This section does not require
that the special victim capabilities be created as separate military
unit or have a separate chain of command.
SEC. 574. ENHANCEMENT TO TRAINING AND EDUCATION FOR SEXUAL ASSAULT
PREVENTION AND RESPONSE.
Section 585 of the National Defense Authorization Act for Fiscal
Year 2012 (Public Law 112-81; 125 Stat. 1434; 10 U.S.C. 1561 note) is
amended by adding at the end the following new subsections:
``(d) Commanders' Training.--The Secretary of Defense shall provide
for the inclusion of a sexual assault prevention and response training
module in the training for new or prospective commanders at all levels
of command. The training shall be tailored to the responsibilities and
leadership requirements of members of the Armed Forces as they are
assigned to command positions. Such training shall include the
following:
``(1) Fostering a command climate that does not tolerate
sexual assault.
``(2) Fostering a command climate in which persons assigned
to the command are encouraged to intervene to prevent potential
incidents of sexual assault.
[[Page 126 STAT. 1757]]
``(3) Fostering a command climate that encourages victims of
sexual assault to report any incident of sexual assault.
``(4) Understanding the needs of, and the resources
available to, the victim after an incident of sexual assault.
``(5) Use of military criminal investigative organizations
for the investigation of alleged incidents of sexual assault.
``(6) Available disciplinary options, including court-
martial, non-judicial punishment, administrative action, and
deferral of discipline for collateral misconduct, as
appropriate.
``(e) Explanation to Be Included in Initial Entry and Accession
Training.--
``(1) Requirement.--The Secretary of Defense shall require
that the matters specified in paragraph (2) be carefully
explained to each member of the Army, Navy, Air Force, and
Marine Corps at the time of (or within fourteen duty days
after)--
``(A) the member's initial entrance on active duty;
or
``(B) the member's initial entrance into a duty
status with a reserve component.
``(2) <<NOTE: Applicability.>> Matters to be explained.--
This subsection applies with respect to the following:
``(A) Department of Defense policy with respect to
sexual assault.
``(B) The resources available with respect to sexual
assault reporting and prevention and the procedures to
be followed by a member seeking to access those
resources.''.
SEC. 575. MODIFICATION OF ANNUAL DEPARTMENT OF DEFENSE REPORTING
REQUIREMENTS REGARDING SEXUAL ASSAULTS.
(a) Greater Detail in Case Synopses Portion of Report.--Section 1631
of the Ike Skelton National Defense Authorization Act for Fiscal Year
2011 (Public Law 111-383; 124 Stat. 4433; 10 U.S.C. 1561 note) is
amended by adding at the end the following new subsection:
``(f) Additional Details for Case Synopses Portion of Report.--The
Secretary of each military department shall include in the case synopses
portion of each report described in subsection (b)(3) the following
additional information:
``(1) If charges are dismissed following an investigation
conducted under section 832 of title 10, United States Code
(article 32 of the Uniform Code of Military Justice), the case
synopsis shall include the reason for the dismissal of the
charges.
``(2) If the case synopsis states that a member of the Armed
Forces accused of committing a sexual assault was
administratively separated or, in the case of an officer,
allowed to resign in lieu of facing a court-martial, the case
synopsis shall include the characterization (honorable, general,
or other than honorable) given the service of the member upon
separation.
``(3) The case synopsis shall indicate whether a member of
the Armed Forces accused of committing a sexual assault was ever
previously accused of a substantiated sexual assault or was
admitted to the Armed Forces under a moral waiver granted with
respect to prior sexual misconduct.
[[Page 126 STAT. 1758]]
``(4) The case synopsis shall indicate the branch of the
Armed Forces of each member accused of committing a sexual
assault and the branch of the Armed Forces of each member who is
a victim of a sexual assault.
``(5) If the case disposition includes non-judicial
punishment, the case synopsis shall explicitly state the nature
of the punishment.
``(6) The case synopsis shall indicate whether alcohol was
involved in any way in a substantiated sexual assault
incident.''.
(b) Additional Elements of Each Report.--Subsection (b) of such
section is amended by adding at the end the following new paragraphs:
``(7) The number of applications submitted under section 673
of title 10, United States Code, during the year covered by the
report for a permanent change of station or unit transfer for
members of the Armed Forces on active duty who are the victim of
a sexual assault or related offense, the number of applications
denied, and, for each application denied, a description of the
reasons why the application was denied.
``(8) An analysis and assessment of trends in the incidence,
disposition, and prosecution of sexual assaults by units,
commands, and installations during the year covered by the
report, including trends relating to prevalence of incidents,
prosecution of incidents, and avoidance of incidents.
``(9) An assessment of the adequacy of sexual assault
prevention and response activities carried out by training
commands during the year covered by the report.
``(10) An analysis of the specific factors that may have
contributed to sexual assault during the year covered by the
report, an assessment of the role of such factors in
contributing to sexual assaults during that year, and
recommendations for mechanisms to eliminate or reduce the
incidence of such factors or their contributions to sexual
assaults.''.
(c) <<NOTE: 10 USC 1561 note.>> Application of Amendments.--The
amendments made by this section shall apply beginning with the report
regarding sexual assaults involving members of the Armed Forces required
to be submitted by March 1, 2014, under section 1631 of the Ike Skelton
National Defense Authorization Act for Fiscal Year 2011.
SEC. 576. INDEPENDENT REVIEWS AND ASSESSMENTS OF UNIFORM CODE OF
MILITARY JUSTICE AND JUDICIAL PROCEEDINGS
OF SEXUAL ASSAULT CASES.
(a) <<NOTE: Establishment.>> Independent Reviews and Assessments
Required.--
(1) Response systems to adult sexual assault crimes.--The
Secretary of Defense shall establish a panel to conduct an
independent review and assessment of the systems used to
investigate, prosecute, and adjudicate crimes involving adult
sexual assault and related offenses under section 920 of title
10, United States Code (article 120 of the Uniform Code of
Military Justice), for the purpose of developing recommendations
regarding how to improve the effectiveness of such systems.
(2) Judicial proceedings since fiscal year 2012
amendments.--The Secretary of Defense shall establish a panel to
conduct an independent review and assessment of judicial
proceedings conducted under the Uniform Code of Military Justice
involving adult sexual assault and related offenses since the
[[Page 126 STAT. 1759]]
amendments made to the Uniform Code of Military Justice by
section 541 of the National Defense Authorization Act for Fiscal
Year 2012 (Public Law 112-81; 125 Stat. 1404) for the purpose of
developing recommendations for improvements to such proceedings.
(b) Establishment of Independent Review Panels.--
(1) Composition.--
(A) Response systems panel.--The panel required by
subsection (a)(1) shall be composed of nine members,
five of whom are appointed by the Secretary of Defense
and one member each appointed by the chairman and
ranking member of the Committees on Armed Services of
the Senate and the House of Representatives.
(B) Judicial proceedings panel.--The panel required
by subsection (a)(2) shall be appointed by the Secretary
of Defense and consist of five members, two of whom must
have also served on the panel established under
subsection (a)(1).
(2) Qualifications.--The members of each panel shall be
selected from among private United States citizens who
collectively possess expertise in military law, civilian law,
the investigation, prosecution, and adjudication of sexual
assaults in State and Federal criminal courts, victim advocacy,
treatment for victims, military justice, the organization and
missions of the Armed Forces, and offenses relating to rape,
sexual assault, and other adult sexual assault crimes.
(3) Chair.--The chair of each panel shall be appointed by
the Secretary of Defense from among the members of the panel.
(4) Period of appointment; vacancies.--Members shall be
appointed for the life of the panel. Any vacancy in a panel
shall be filled in the same manner as the original appointment.
(5) Deadline for appointments.--
(A) Response systems panel.--All original
appointments to the panel required by subsection (a)(1)
shall be made not later than 120 days after the date of
the enactment of this Act.
(B) Judicial proceedings panel.--All original
appointments to the panel required by subsection (a)(2)
shall be made before the termination date of the panel
established under subsection (a)(1), but no later than
30 days before the termination date.
(6) Meetings.--A panel shall meet at the call of the chair.
(7) <<NOTE: Deadline.>> First meeting.--The chair shall
call the first meeting of a panel not later than 60 days after
the date of the appointment of all the members of the panel.
(c) Reports and Duration.--
(1) Response systems panel.--The panel established under
subsection (a)(1) shall terminate upon the earlier of the
following:
(A) Thirty days after the panel has submitted a
report of its findings and recommendations, through the
Secretary of Defense, to the Committees on Armed
Services of the Senate and the House of Representatives.
(B) Eighteen months after the first meeting of the
panel, by which date the panel is expected to have made
its report.
[[Page 126 STAT. 1760]]
(2) Judicial proceedings panel.--
(A) First report.--The panel established under
subsection (a)(2) shall submit a first report, including
any proposals for legislative or administrative changes
the panel considers appropriate, to the Secretary of
Defense and the Committees on Armed Services of the
Senate and the House of Representatives not later than
180 days after the first meeting of the panel.
(B) Subsequent reports.--The panel established under
subsection (a)(2) shall submit subsequent reports during
fiscal years 2014 through 2017.
(C) Termination.--The panel established under
subsection (a)(2) shall terminate on September 30, 2017.
(d) Duties of Panels.--
(1) <<NOTE: Recommenda- tions.>> Response systems panel.--
In conducting a systemic review and assessment, the panel
required by subsection (a)(1) shall provide recommendations on
how to improve the effectiveness of the investigation,
prosecution, and adjudication of crimes involving adult sexual
assault and related offenses under section 920 of title 10,
United States Code (article 120 of the Uniform Code of Military
Justice). The review shall include the following:
(A) Using criteria the panel considers appropriate,
an assessment of the strengths and weaknesses of the
systems, including the administration of the Uniform
Code of the Military Justice, and the investigation,
prosecution, and adjudication, of adult sexual assault
crimes during the period 2007 through 2011.
(B) A comparison of military and civilian systems
for the investigation, prosecution, and adjudication of
adult sexual assault crimes. This comparison shall
include an assessment of differences in providing
support and protection to victims and the identification
of civilian best practices that may be incorporated into
any phase of the military system.
(C) An assessment of advisory sentencing guidelines
used in civilian courts in adult sexual assault cases
and whether it would be advisable to promulgate
sentencing guidelines for use in courts-martial.
(D) An assessment of the training level of military
defense and trial counsel, including their experience in
defending or prosecuting adult sexual assault crimes and
related offenses, as compared to prosecution and defense
counsel for similar cases in the Federal and State court
systems.
(E) An assessment and comparison of military court-
martial conviction rates with those in the Federal and
State courts and the reasons for any differences.
(F) An assessment of the roles and effectiveness of
commanders at all levels in preventing sexual assaults
and responding to reports of sexual assault.
(G) An assessment of the strengths and weakness of
proposed legislative initiatives to modify the current
role of commanders in the administration of military
justice and the investigation, prosecution, and
adjudication of adult sexual assault crimes.
[[Page 126 STAT. 1761]]
(H) An assessment of the adequacy of the systems and
procedures to support and protect victims in all phases
of the investigation, prosecution, and adjudication of
adult sexual assault crimes, including whether victims
are provided the rights afforded by section 3771 of
title 18, United States Code, Department of Defense
Directive 1030.1, and Department of Defense Instruction
1030.2.
(I) Such other matters and materials the panel
considers appropriate.
(2) Judicial proceedings panel.--The panel required by
subsection (a)(2) shall perform the following duties:
(A) Assess and make recommendations for improvements
in the implementation of the reforms to the offenses
relating to rape, sexual assault, and other sexual
misconduct under the Uniform Code of Military Justice
that were enacted by section 541 of the National Defense
Authorization Act for Fiscal Year 2012 (Public Law 112-
81; 125 Stat. 1404).
(B) Review and evaluate current trends in response
to sexual assault crimes whether by courts-martial
proceedings, non-judicial punishment and administrative
actions, including the number of punishments by type,
and the consistency and appropriateness of the
decisions, punishments, and administrative actions based
on the facts of individual cases.
(C) Identify any trends in punishments rendered by
military courts, including general, special, and summary
courts-martial, in response to sexual assault, including
the number of punishments by type, and the consistency
of the punishments, based on the facts of each case
compared with the punishments rendered by Federal and
State criminal courts.
(D) Review and evaluate court-martial convictions
for sexual assault in the year covered by the most-
recent report required by subsection (c)(2) and the
number and description of instances when punishments
were reduced or set aside upon appeal and the instances
in which the defendant appealed following a plea
agreement, if such information is available.
(E) Review and assess those instances in which prior
sexual conduct of the alleged victim was considered in a
proceeding under section 832 of title 10, United States
Code (article 32 of the Uniform Code of Military
Justice), and any instances in which prior sexual
conduct was determined to be inadmissible.
(F) Review and assess those instances in which
evidence of prior sexual conduct of the alleged victim
was introduced by the defense in a court-martial and
what impact that evidence had on the case.
(G) Building on the data compiled as a result of
paragraph (1)(D), assess the trends in the training and
experience levels of military defense and trial counsel
in adult sexual assault cases and the impact of those
trends in the prosecution and adjudication of such
cases.
(H) Monitor trends in the development, utilization
and effectiveness of the special victims capabilities
required by section 573 of this Act.
[[Page 126 STAT. 1762]]
(I) Monitor the implementation of the April 20,
2012, Secretary of Defense policy memorandum regarding
withholding initial disposition authority under the
Uniform Code of Military Justice in certain sexual
assault cases.
(J) Consider such other matters and materials as the
panel considers appropriate for purposes of the reports.
(3) Utilization of other studies.--In conducting reviews and
assessments and preparing reports, a panel may review, and
incorporate as appropriate, the data and findings of applicable
ongoing and completed studies.
(e) Authority of Panels.--
(1) Hearings.--A panel may hold such hearings, sit and act
at such times and places, take such testimony, and receive such
evidence as the panel considers appropriate to carry out its
duties under this section.
(2) Information from federal agencies.--Upon request by the
chair of a panel, a department or agency of the Federal
Government shall provide information that the panel considers
necessary to carry out its duties under this section.
(f) Personnel Matters.--
(1) Pay of members.--Members of a panel shall serve without
pay by reason of their work on the panel.
(2) Travel expenses.--The members of a panel shall be
allowed travel expenses, including per diem in lieu of
subsistence, at rates authorized for employees of agencies under
subchapter I of chapter 57 of title 5, United States Code, while
away from their homes or regular places of business in the
performance or services for the panel.
(3) Staffing and resources.--The Secretary of Defense shall
provide staffing and resources to support the panels, except
that the Secretary may not assign primary responsibility for
such staffing and resources to the Sexual Assault Prevention and
Response Office.
SEC. 577. <<NOTE: 10 USC 1561 note.>> RETENTION OF CERTAIN FORMS
IN CONNECTION WITH RESTRICTED REPORTS ON
SEXUAL ASSAULT AT REQUEST OF THE MEMBER OF
THE ARMED FORCES MAKING THE REPORT.
(a) Period of Retention.--At the request of a member of the Armed
Forces who files a Restricted Report on an incident of sexual assault
involving the member, the Secretary of Defense shall ensure that all
copies of Department of Defense Form 2910 and Department of Defense Form
2911 filed in connection with the Restricted Report be retained for the
longer of--
(1) 50 years commencing on the date of signature of the
member on Department of Defense Form 2910; or
(2) the time provided for the retention of such forms in
connection with Unrestricted Reports on incidents of sexual
assault involving members of the Armed Forces under Department
of Defense Directive-Type Memorandum (DTM) 11-062, entitled
``Document Retention in Cases of Restricted and Unrestricted
Reports of Sexual Assault'', or any successor directive or
policy.
(b) Protection of Confidentiality.--Any Department of Defense form
retained under subsection (a) shall be retained in a manner that
protects the confidentiality of the member of the Armed Forces concerned
in accordance with procedures for the
[[Page 126 STAT. 1763]]
protection of confidentiality of information in Restricted Reports under
Department of Defense memorandum JTF-SAPR-009, relating to the
Department of Defense policy on confidentiality for victims of sexual
assault, or any successor policy or directive.
SEC. 578. <<NOTE: 10 USC 1561 note.>> GENERAL OR FLAG OFFICER
REVIEW OF AND CONCURRENCE IN SEPARATION OF
MEMBERS OF THE ARMED FORCES MAKING AN
UNRESTRICTED REPORT OF SEXUAL ASSAULT.
(a) <<NOTE: Policy.>> Review Required.--The Secretary of Defense
shall develop a policy to require a general officer or flag officer of
the Armed Forces to review the circumstances of, and grounds for, the
proposed involuntary separation of any member of the Armed Forces who--
(1) made an Unrestricted Report of a sexual assault;
(2) within one year after making the Unrestricted Report of
a sexual assault, is recommended for involuntary separation from
the Armed Forces; and
(3) requests the review on the grounds that the member
believes the recommendation for involuntary separation from the
Armed Forces was initiated in retaliation for making the report.
(b) Concurrence Required.--If a review is requested by a member of
the Armed Forces as authorized by subsection (a), the concurrence of the
general officer or flag officer conducting the review of the proposed
involuntary separation of the member is required in order to separate
the member.
(c) <<NOTE: Deadline. Reports.>> Submission of Policy.--Not later
than 180 days after the date of the enactment of this Act, the Secretary
of Defense shall submit to the Committees on Armed Services of the
Senate and the House of Representatives a report containing the policy
developed under subsection (a).
(d) <<NOTE: Effective date.>> Application of Policy.--The policy
developed under subsection (a) shall take effect on the date of the
submission of the policy to Congress under subsection (c) and apply to
members of the Armed Forces described in subsection (a) who are proposed
to be involuntarily separated from the Armed Forces on or after that
date.
SEC. 579. <<NOTE: 10 USC 1561 note.>> DEPARTMENT OF DEFENSE
POLICY AND PLAN FOR PREVENTION AND
RESPONSE TO SEXUAL HARASSMENT IN THE ARMED
FORCES.
(a) Comprehensive Prevention and Response Policy.--
(1) Policy required.--The Secretary of Defense shall develop
a comprehensive policy to prevent and respond to sexual
harassment in the Armed Forces. The policy shall provide for the
following:
(A) Training for members of the Armed Forces on the
prevention of sexual harassment.
(B) Mechanisms for reporting incidents of sexual
harassment in the Armed Forces, including procedures for
reporting anonymously.
(C) Mechanisms for responding to and resolving
incidents of alleged sexual harassment incidences
involving members of the Armed Forces, including through
the prosecution of offenders.
(2) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall submit to
the Committees on Armed Services of the Senate and the
[[Page 126 STAT. 1764]]
House of Representatives a report setting forth the policy
required by paragraph (1).
(3) Consultation.--The Secretary of Defense shall prepare
the policy and report required by this subsection in
consultation with the Secretaries of the military departments
and the Equal Opportunity Office of the Department of Defense.
(b) Data Collection and Reporting Regarding Substantiated Incidents
of Sexual Harassment.--
(1) Plan required.--The Secretary of Defense shall develop a
plan to collect information and data regarding substantiated
incidents of sexual harassment involving members of the Armed
Forces. The plan shall specifically deal with the need to
identify cases in which a member is accused of multiple
incidents of sexual harassment.
(2) <<NOTE: Deadline.>> Submission of plan.--Not later than
June 1, 2013, the Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives the plan developed under paragraph (1).
(3) Reporting requirement.--As part of the reports required
to be submitted in 2014 under section 1631 of the Ike Skelton
National Defense Authorization Act for Fiscal Year 2011 (Public
Law 111-383; 124 Stat. 4433; 10 U.S.C. 1561 note), the Secretary
of Defense shall include information and data collected under
the plan during the preceding year regarding substantiated
incidents of sexual harassment involving members of the Armed
Forces.
Subtitle I--Suicide Prevention and Resilience
SEC. 580. <<NOTE: 10 USC 1071 note.>> ENHANCEMENT OF OVERSIGHT
AND MANAGEMENT OF DEPARTMENT OF DEFENSE
SUICIDE PREVENTION AND RESILIENCE
PROGRAMS.
(a) <<NOTE: Establishment.>> In General.--The Secretary of Defense
shall, acting through the Under Secretary of Defense for Personnel and
Readiness, establish within the Office of the Secretary of Defense a
position with responsibility for oversight of all suicide prevention and
resilience programs of the Department of Defense (including those of the
military departments and the Armed Forces).
(b) Scope of Responsibilities.--The individual serving in the
position established under subsection (a) shall have the
responsibilities as follows:
(1) To establish a uniform definition of resiliency for use
in the suicide prevention and resilience programs and
preventative behavioral health programs of the Department of
Defense (including those of the military departments and the
Armed Forces).
(2) To oversee the implementation of the comprehensive
policy on the prevention of suicide among members of the Armed
Forces required by section 582.
SEC. 581. RESERVE COMPONENT SUICIDE PREVENTION AND RESILIENCE
PROGRAM.
(a) Codification, Transfer of Responsibility, and Extension.--
[[Page 126 STAT. 1765]]
(1) In general.--Chapter 1007 of title 10, United States
Code, is amended by adding at the end the following new section:
``Sec. 10219. <<NOTE: 10 USC 10219.>> Suicide prevention and
resilience program
``(a) Program Requirement.--The Secretary of Defense shall establish
and carry out a program to provide members of the National Guard and
Reserves and their families with training in suicide prevention,
resilience, and community healing and response to suicide, including
provision of such training at Yellow Ribbon Reintegration Program events
and activities authorized under section 582 of the National Defense
Authorization Act for Fiscal Year 2008 (10 U.S.C. 10101 note).
``(b) Suicide Prevention Training.--Under the program, the Secretary
shall provide members of the National Guard and Reserves with training
in suicide prevention. Such training may include--
``(1) describing the warning signs for suicide and teaching
effective strategies for prevention and intervention;
``(2) examining the influence of military culture on risk
and protective factors for suicide; and
``(3) engaging in interactive case scenarios and role plays
to practice effective intervention strategies.
``(c) Community Response Training.--Under the program, the Secretary
shall provide the families and communities of members of the National
Guard and Reserves with training in responses to suicide that promote
individual and community healing. Such training may include--
``(1) enhancing collaboration among community members and
local service providers to create an integrated, coordinated
community response to suicide;
``(2) communicating best practices for preventing suicide,
including safe messaging, appropriate memorial services, and
media guidelines;
``(3) addressing the impact of suicide on the military and
the larger community, and the increased risk that can result;
and
``(4) managing resources to assist key community and
military service providers in helping the families, friends, and
fellow servicemembers of a suicide victim through the processes
of grieving and healing.
``(d) Community Training Assistance.--The program shall include the
provision of assistance with such training to the local communities of
those servicemembers and families, to be provided in coordination with
local community programs.
``(e) Collaboration.--In carrying out the program, the Secretary
shall collect and analyze `lessons learned' and suggestions from State
National Guard and Reserve organizations with existing or developing
suicide prevention and community response programs.
``(f) Termination.--The program under this section shall terminate
on October 1, 2017.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 1007 of such title is <<NOTE: 10 USC prec.
10201.>> amended by adding at the end the following new item:
``10219. Suicide prevention and resilience program.''.
[[Page 126 STAT. 1766]]
(b) Repeal of Superseded Provision.--Subsection (i) of section 582
of the National Defense Authorization Act for Fiscal Year 2008 (Public
Law 110-181; 10 U.S.C. 10101 note) is repealed.
SEC. 582. <<NOTE: 10 USC 1071 note.>> COMPREHENSIVE POLICY ON
PREVENTION OF SUICIDE AMONG MEMBERS OF THE
ARMED FORCES.
(a) <<NOTE: Deadline.>> Comprehensive Policy Required.--Not later
than 180 days after the date of the enactment of this Act, the Secretary
of Defense shall, acting through the Under Secretary of Defense for
Personnel and Readiness, develop within the Department of Defense a
comprehensive policy on the prevention of suicide among members of the
Armed Forces. <<NOTE: Recommenda- tions.>> In developing the policy, the
Secretary shall consider recommendations from the operational elements
of the Armed Forces regarding the feasibility of the implementation and
execution of particular elements of the policy.
(b) Elements.--The policy required by subsection (a) shall cover
each of the following:
(1) Increased awareness among members of the Armed Forces
about mental health conditions and the stigma associated with
mental health conditions and mental health care.
(2) The means of identifying members who are at risk for
suicide (including enhanced means for early identification and
treatment of such members).
(3) The continuous access by members to suicide prevention
services, including suicide crisis services.
(4) The means to evaluate and assess the effectiveness of
the suicide prevention and resilience programs and preventative
behavioral health programs of the Department of Defense
(including those of the military departments and the Armed
Forces), including the development of metrics for that purpose.
(5) The means to evaluate and assess the current diagnostic
tools and treatment methods in the programs referred to in
paragraph (4) to ensure clinical best practices are used in such
programs.
(6) The standard of care for suicide prevention to be used
throughout the Department.
(7) The training of mental health care providers on suicide
prevention.
(8) The training standards for behavioral health care
providers to ensure that such providers receive training on
clinical best practices and evidence-based treatments as
information on such practices and treatments becomes available.
(9) The integration of mental health screenings and suicide
risk and prevention for members into the delivery of primary
care for such members.
(10) The standards for responding to attempted or completed
suicides among members, including guidance and training to
assist commanders in addressing incidents of attempted or
completed suicide within their units.
(11) The means to ensure the protection of the privacy of
members seeking or receiving treatment relating to suicide.
(12) Such other matters as the Secretary considers
appropriate in connection with the prevention of suicide among
members.
[[Page 126 STAT. 1767]]
SEC. 583. STUDY OF RESILIENCE PROGRAMS FOR MEMBERS OF THE ARMY.
(a) Study Required.--The Secretary of the Army shall conduct a study
of resilience programs within the Army for the purpose of assessing the
effectiveness of the current Comprehensive Soldier and Family Fitness
(CSF2) Program of the Army, while verifying the current means of the
Army to reduce trends in high risk or self-destructive behavior and to
prepare members of the Army to manage stressful or traumatic situations
by training members in resilience strategies and techniques.
(b) Elements.--In conducting the study, the Secretary of the Army
shall determine the effectiveness and quality of training under the
Comprehensive Soldier and Family Fitness program in--
(1) enhancing individual performance through resiliency
techniques and use of positive and sports psychology; and
(2) identifying and responding to early signs of high-risk
behavior in members of the Army.
(c) Use of Science-based Evidence and Techniques.--In conducting the
study, the Secretary of the Army shall utilize scientific evidence,
including professionally accepted measurements and assessments, to
evaluate those interventions that show positive results and those
interventions that have no impact.
(d) Duration of Study.--The study shall be conducted through
September 30, 2014.
(e) Report on Study Results.--Not later than October 31, 2014, the
Secretary of the Army shall submit to the Committees on Armed Forces of
the Senate and the House of Representatives a report containing the
results of the study. The report shall include the following:
(1) A description of the trends in high risk or self-
destructive behavior among members of the Army.
(2) A description and measurements of the effectiveness of
Comprehensive Soldier and Family Fitness Program training in
enhancing individual performance through resiliency techniques,
utilization of positive psychology.
(3) Such recommendations or other information as the
Secretary considers appropriate.
Subtitle J--Other Matters
SEC. 584. ISSUANCE OF PRISONER-OF-WAR MEDAL.
Section 1128 of title 10, United States Code, is amended--
(1) in subsection (a)--
(A) by inserting ``or'' at the end of paragraph (2);
(B) by striking ``; or'' at the end of paragraph (3)
and inserting a period; and
(C) by striking paragraph (4);
(2) by redesignating subsections (b) through (h) as
subsections (c) through (i), respectively; and
(3) by inserting after subsection (a) the following new
subsection (b):
``(b) <<NOTE: Regulations.>> Under uniform regulations prescribed
by the Secretary of Defense, the Secretary concerned may issue a
prisoner-of-war medal to any person who, while serving in any capacity
with the armed forces, was held captive under circumstances not covered
[[Page 126 STAT. 1768]]
by paragraph (1), (2), or (3) of subsection (a), but which the Secretary
concerned finds were comparable to those circumstances under which
persons have generally been held captive by enemy armed forces during
periods of armed conflict.''.
SEC. 585. TECHNICAL AMENDMENTS RELATING TO THE TERMINATION OF THE
ARMED FORCES INSTITUTE OF PATHOLOGY UNDER
DEFENSE BASE CLOSURE AND REALIGNMENT.
Section 177 of title 10, United States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (2)--
(i) by striking ``those professional
societies'' and all that follows through ``the
Armed Forces Institute of Pathology'' and
inserting ``the professional societies and
organizations that support the activities of the
American Registry of Pathology''; and
(ii) by striking the second sentence; and
(B) in paragraph (3), by striking ``with the
concurrence of the Director of the Armed Forces
Institute of Pathology'';
(2) in subsection (b)--
(A) by striking paragraph (1); and
(B) by redesignating paragraphs (2), (3), (4), and
(5) as paragraphs (1), (2), (3), and (4), respectively;
and
(3) in subsection (d), by striking ``to the Director'' and
all that follows through ``it deems desirable,'' and inserting
``annually to its Board and supporting organizations referred to
in subsection (a)(2)''.
SEC. 586. MODIFICATION OF REQUIREMENT FOR REPORTS IN FEDERAL
REGISTER ON INSTITUTIONS OF HIGHER
EDUCATION INELIGIBLE FOR CONTRACTS AND
GRANTS FOR DENIAL OF ROTC OR MILITARY
RECRUITER ACCESS TO CAMPUS.
Section 983 of title 10, United States Code, is amended by striking
subsection (f).
SEC. 587. ACCEPTANCE OF GIFTS AND SERVICES RELATED TO EDUCATIONAL
ACTIVITIES AND VOLUNTARY SERVICES TO
ACCOUNT FOR MISSING PERSONS.
(a) Activities Benefitting Education as Services Eligible for
Acceptance.--Section 2601(i)(2) of title 10, United States Code, is
amended by inserting ``education,'' before ``morale,''.
(b) Acceptance of Voluntary Services Related to Accounting for
Missing Persons.--Section 1588(a) of such title is amended by adding at
the end the following new paragraph:
``(9) Voluntary services to facilitate accounting for
missing persons.''.
SEC. 588. DISPLAY OF STATE, DISTRICT OF COLUMBIA, COMMONWEALTH,
AND TERRITORIAL FLAGS BY THE ARMED FORCES.
(a) Display.--Subsection (a) of section 2249b of title 10, United
States Code, is amended to read as follows:
``(a) Display of Flags by Armed Forces.--The Secretary of Defense
shall ensure that, whenever the official flags of all 50 States are
displayed by the armed forces, such display shall include the flags of
the District of Columbia, the Commonwealth of Puerto
[[Page 126 STAT. 1769]]
Rico, the United States Virgin Islands, Guam, American Samoa, and the
Commonwealth of the Northern Mariana Islands.''.
(b) Clerical Amendments.--
(1) Section heading.--The heading of such section is amended
to read as follows:
``Sec. 2249b. Display of State, District of Columbia,
commonwealth, and territorial flags by the
armed forces''.
(2) Table of sections.--The table of sections at the
beginning of chapter 134 of such title is <<NOTE: 10 USC prec.
2241.>> amended by striking the item relating to section 2249b
and inserting the following new item:
``2249b. Display of State, District of Columbia, commonwealth, and
territorial flags by the armed forces.''.
SEC. 589. ENHANCEMENT OF AUTHORITIES ON ADMISSION OF DEFENSE
INDUSTRY CIVILIANS TO CERTAIN DEPARTMENT
OF DEFENSE EDUCATIONAL INSTITUTIONS AND
PROGRAMS.
(a) Navy Defense Product Development Program.--Section 7049(a) of
title 10, United States Code, is amended--
(1) in the second sentence, by inserting ``or professional
continuing education certificate'' after ``master's degree'';
and
(2) in the last sentence, by inserting before the period at
the end the following: ``or an appropriate professional
continuing education certificate, as applicable''.
(b) United States Air Force Institute of Technology.--Section
9314a(a) of such title is amended--
(1) in paragraph (1), by inserting ``or professional
continuing education certificate'' after ``graduate degree'';
and
(2) in paragraph (3), by inserting before the period at the
end the following: ``or an appropriate professional continuing
education certificate, as applicable''.
(c) <<NOTE: 10 USC 7049 note. Determination.>> Request for Increase
in Number of Defense Industry Civilians Authorized for Admission.--If
the Secretary of Defense determines that it is in the best interest of
the Department of Defense to increase the maximum number of defense
industry employees authorized to be enrolled in the Naval Defense
Development Program or the Air Force Institute of Technology at any one
time, as specified in sections 7049(a) and 9314a(a) of title 10, United
States Code, the Secretary shall submit to the Committees on Armed
Services of the Senate and the House of Representatives a request for
such an increase, including draft legislation to effectuate the
increase.
SEC. 590. EXTENSION OF AUTHORITIES TO CARRY OUT A PROGRAM OF
REFERRAL AND COUNSELING SERVICES TO
VETERANS AT RISK OF HOMELESSNESS WHO ARE
TRANSITIONING FROM CERTAIN INSTITUTIONS.
Section 2023(d) of title 38, United States Code, is amended by
striking ``September 30, 2012'' and inserting ``September 30, 2013''.
SEC. 591. INSPECTION OF MILITARY CEMETERIES UNDER THE JURISDICTION
OF DEPARTMENT OF DEFENSE.
(a) DOD Inspector General Inspection of Arlington National Cemetery
and United States Soldiers' and Airmen's
[[Page 126 STAT. 1770]]
Home National Cemetery.--Section 1(d) of Public Law 111-339 (124 Stat.
3592) is amended--
(1) in paragraph (1), by striking ``The Secretary'' in the
first sentence and inserting ``Subject to paragraph (2), the
Secretary''; and
(2) in paragraph (2), by adding at the end the following new
sentence: ``However, <<NOTE: Reports. Assessment.>> in the case
of the report required to be submitted during 2013, the
assessment described in paragraph (1) shall be conducted, and
the report shall be prepared and submitted, by the Inspector
General of the Department of Defense instead of the Secretary of
the Army.''.
(b) Time for Submission of Report and Plan of Action Regarding
Inspection of Cemeteries at Military Installations.--Section 592(d)(2)
of the National Defense Authorization Act for Fiscal Year 2012 (Public
Law 112-81; 125 Stat. 1443) is amended--
(1) by striking ``December 31, 2012'' and inserting ``June
29, 2013''; and
(2) by striking ``April 1, 2013'' and inserting ``October 1,
2013''.
SEC. 592. REPORT ON RESULTS OF INVESTIGATIONS AND REVIEWS
CONDUCTED WITH RESPECT TO PORT MORTUARY
DIVISION OF THE AIR FORCE MORTUARY AFFAIRS
OPERATIONS CENTER AT DOVER AIR FORCE BASE.
(a) Report Required.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives a report of the investigations and reviews that were
conducted with respect to the improper handling and preparation of the
remains of deceased members of the Armed Forces and civilians at the
Port Mortuary Division of the Air Force Mortuary Affairs Operations
Center at Dover Air Force Base. The investigations and reviews
considered shall include--
(1) the 436th Air Wing Inspector General review;
(2) the Air Force Office of Special Investigations report;
(3) the Air Force Office of Inspector General investigation;
(4) the Office of Special Counsel review;
(5) the Defense Health Board's Dover Port Mortuary
Independent Review Subcommittee report; and
(6) any other reviews or investigations of operations at
Dover Port Mortuary that have been conducted since January 1,
2011.
(b) Elements of Report.--The report shall--
(1) summarize and evaluate the recommendations made, and the
actions undertaken, as a result of the investigations and
reviews, and the current status of implementation of such
recommendations and actions; and
(2) provide any additional recommendations for improvement
of operations at Dover Port Mortuary, including any best
practices for casualty notification, family support, and
mortuary affairs operations.
SEC. 593. PRESERVATION OF EDITORIAL INDEPENDENCE OF STARS AND
STRIPES.
(a) <<NOTE: Extension. Contracts.>> Maintenance of Geographic
Separation.--To preserve the actual and perceived editorial and
management independence of the Stars and Stripes newspaper, the
Secretary of Defense shall
[[Page 126 STAT. 1771]]
extend the lease for the commercial office space in the District of
Columbia currently occupied by the editorial and management operations
of the Stars and Stripes newspaper until such time as the Secretary
provides space and information technology and other support for such
operations in a Government-owned facility in the National Capital Region
geographically remote from facilities of the Defense Media Activity at
Fort Meade, Maryland.
(b) Implementation Report.--Not later than February 1, 2013, the
Secretary of Defense shall submit to the Committees on Armed Services of
the Senate and the House of Representatives a report describing the
implementation of subsection (a).
SEC. 594. <<NOTE: 20 USC 2142 note.>> NATIONAL PUBLIC AWARENESS
AND PARTICIPATION CAMPAIGN FOR VETERANS'
HISTORY PROJECT OF AMERICAN FOLKLIFE
CENTER.
(a) In General.--The Director of the American Folklife Center at the
Library of Congress shall carry out a national public awareness and
participation campaign for the program required by section 3(a) of the
Veterans' Oral History Project Act (20 U.S.C. 2142(a)). Such campaign
shall provide for the following:
(1) Encouraging the people of the United States, veterans
organizations, community groups, and national organizations to
participate in such program.
(2) Ensuring greater awareness and participation throughout
the United States in such program.
(3) Providing meaningful opportunities for learning about
the experiences of veterans.
(4) Complementing the efforts supporting the readjustment
and successful reintegration of veterans into civilian life
after service in the Armed Forces.
(b) Coordination and Cooperation.--To the degree practicable, the
Director shall, in carrying out the campaign required by subsection (a),
coordinate and cooperate with veterans service organizations.
(c) Veterans Service Organization Defined.--In this section, the
term ``veterans service organization'' means any organization recognized
by the Secretary of Veterans Affairs for the representation of veterans
under section 5902 of title 38, United States Code.
SEC. 595. REPORT ON ACCURACY OF DATA IN THE DEFENSE ENROLLMENT
ELIGIBILITY REPORTING SYSTEM.
Not later than 90 days after the date of the enactment of this Act,
the Secretary of Defense shall submit to the Committees on Armed
Services of the Senate and the House of Representatives a plan to
improve the completeness and accuracy of the data contained in the
Defense Enrollment Eligibility Reporting System (DEERS) in order--
(1) to provide for the standardization of identification
credentials required for eligibility, enrollment, transactions,
and updates across all Department of Defense installations; and
(2) to ensure that persons issued military identification
cards and receiving benefits based on DEERS data are actually
eligible for such cards and benefits.
[[Page 126 STAT. 1772]]
SEC. 596. SENSE OF CONGRESS THAT THE BUGLE CALL COMMONLY KNOWN AS
TAPS SHOULD BE DESIGNATED AS THE NATIONAL
SONG OF MILITARY REMEMBRANCE.
It is the sense of Congress that the bugle call commonly known as
``Taps'' should be designated as the National Song of Military
Remembrance.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Pay and Allowances
Sec. 601. Fiscal year 2013 increase in military basic pay.
Sec. 602. Extension of authority to provide temporary increase in rates
of basic allowance for housing under certain circumstances.
Sec. 603. Basic allowance for housing for two-member couples when one
member is on sea duty.
Sec. 604. Rates of basic allowance for housing for members performing
active Guard and Reserve duty.
Sec. 605. Payment of benefit for nonparticipation of eligible members in
Post-Deployment/Mobilization Respite Absence program due to
Government error.
Subtitle B--Bonuses and Special and Incentive Pays
Sec. 611. One-year extension of certain bonus and special pay
authorities for reserve forces.
Sec. 612. One-year extension of certain bonus and special pay
authorities for health care professionals.
Sec. 613. One-year extension of special pay and bonus authorities for
nuclear officers.
Sec. 614. One-year extension of authorities relating to title 37
consolidated special pay, incentive pay, and bonus
authorities.
Sec. 615. One-year extension of authorities relating to payment of other
title 37 bonuses and special pays.
Sec. 616. Increase in maximum amount of officer affiliation bonus for
officers in the Selected Reserve.
Sec. 617. Increase in maximum amount of incentive bonus for reserve
component members who convert military occupational specialty
to ease personnel shortages.
Subtitle C--Travel and Transportation Allowances
Sec. 621. Permanent change of station allowances for members of Selected
Reserve units filling a vacancy in another unit after being
involuntarily separated.
Sec. 622. Authority for comprehensive program for space-available travel
on Department of Defense aircraft.
Subtitle D--Benefits and Services for Members Being Separated or
Recently Separated
Sec. 631. Extension of authority to provide two years of commissary and
exchange benefits after separation.
Sec. 632. Transitional use of military family housing.
Subtitle E--Disability, Retired Pay, and Survivor Benefits
Sec. 641. Repeal of requirement for payment of Survivor Benefit Plan
premiums when participant waives retired pay to provide a
survivor annuity under Federal Employees Retirement System
and terminating payment of the Survivor Benefit Plan annuity.
Sec. 642. Repeal of automatic enrollment in Family Servicemembers' Group
Life Insurance for members of the Armed Forces married to
other members.
Sec. 643. Clarification of computation of combat-related special
compensation for chapter 61 disability retirees.
Subtitle F--Commissary and Nonappropriated Fund Instrumentality Benefits
and Operations
Sec. 651. Repeal of certain recordkeeping and reporting requirements
applicable to commissary and exchange stores overseas.
[[Page 126 STAT. 1773]]
Sec. 652. Treatment of Fisher House for the Families of the Fallen and
Meditation Pavilion at Dover Air Force Base, Delaware, as a
Fisher House.
Subtitle G--Military Lending
Sec. 661. Additional enhancements of protections on consumer credit for
members of the Armed Forces and their dependents.
Sec. 662. Effect of violations of protections on consumer credit
extended to members of the Armed Forces and their dependents.
Sec. 663. Consistent definition of dependent for purposes of applying
limitations on terms of consumer credit extended to certain
members of the Armed Forces and their dependents.
Subtitle H--Military Compensation and Retirement Modernization
Commission
Sec. 671. Purpose, scope, and definitions.
Sec. 672. Military Compensation and Retirement Modernization Commission.
Sec. 673. Commission hearings and meetings.
Sec. 674. Principles and procedure for Commission recommendations.
Sec. 675. Consideration of Commission recommendations by the President.
Sec. 676. Executive Director.
Sec. 677. Staff.
Sec. 678. Judicial review precluded.
Sec. 679. Termination.
Sec. 680. Funding.
Subtitle I--Other Matters
Sec. 681. Equal treatment for members of Coast Guard Reserve called to
active duty under title 14, United States Code.
Sec. 682. Report regarding Department of Veterans Affairs claims process
transformation plan.
Subtitle A--Pay and Allowances
SEC. 601. <<NOTE: 37 USC 1009 note.>> FISCAL YEAR 2013 INCREASE
IN MILITARY BASIC PAY.
(a) Waiver of Section 1009 Adjustment.--The adjustment to become
effective during fiscal year 2013 required by section 1009 of title 37,
United States Code, in the rates of monthly basic pay authorized members
of the uniformed services shall not be made.
(b) <<NOTE: Effective date.>> Increase in Basic Pay.--Effective on
January 1, 2013, the rates of monthly basic pay for members of the
uniformed services are increased by 1.7 percent.
SEC. 602. EXTENSION OF AUTHORITY TO PROVIDE TEMPORARY INCREASE IN
RATES OF BASIC ALLOWANCE FOR HOUSING UNDER
CERTAIN CIRCUMSTANCES.
Section 403(b)(7)(E) of title 37, United States Code, is amended by
striking ``December 31, 2012'' and inserting ``December 31, 2013''.
SEC. 603. BASIC ALLOWANCE FOR HOUSING FOR TWO-MEMBER COUPLES WHEN
ONE MEMBER IS ON SEA DUTY.
(a) In General.--Subparagraph (C) of section 403(f)(2) of title 37,
United States Code, is amended to read as follows:
``(C) Notwithstanding section 421 of this title, a member of a
uniformed service in a pay grade below pay grade E-6 who is assigned to
sea duty and is married to another member of a uniformed service is
entitled to a basic allowance for housing subject to the limitations of
subsection (e).''.
(b) <<NOTE: 37 USC 403 note.>> Effective Date.--The amendment made
by subsection (a) shall take effect on January 1, 2013.
[[Page 126 STAT. 1774]]
SEC. 604. RATES OF BASIC ALLOWANCE FOR HOUSING FOR MEMBERS
PERFORMING ACTIVE GUARD AND RESERVE DUTY.
(a) Treatment of Active Guard and Reserve Duty.--Section 403(g) of
title 37, United States Code, is amended by adding at the end the
following new paragraph:
``(6)(A) <<NOTE: Applicability.>> This paragraph applies with
respect to a member of a reserve component who performs active Guard and
Reserve duty (as defined in section 101(d)(6) of title 10).
``(B) The rate of basic allowance for housing to be paid to a member
described in subparagraph (A) shall be based on the member's permanent
duty station, even during instances in which the member is mobilized for
service on active duty other than active Guard and Reserve duty.
``(C)(i) During transitions in service status from active Guard and
Reserve duty to other active duty and back to active Guard and Reserve
duty, or following the start of new periods of service resulting from a
change in orders, a member described in subparagraph (A) shall be
considered as retaining uninterrupted eligibility to receive a basic
allowance for housing in an area as provided for under subsections
(b)(6) and (c)(2) so long as the member remains on active duty without a
break in service.
``(ii) Clause (i) does not apply if the member's permanent duty
station changes as a result of orders directing a permanent change in
station with the authority for the movement of household goods.
``(iii) For purposes of clause (i), a break in active service occurs
when one or more calendar days between active service periods do not
qualify as active service.
``(D) <<NOTE: Applicability.>> Subsections (d)(3) and (o) also
apply to a member described in subparagraph (A).''.
(b) <<NOTE: 37 USC 403 note.>> Transitional Provisions.--
(1) In general.--The basic allowance for housing paid to a
member of a reserve component described in subparagraph (A) of
paragraph (6) of section 403(g) of title 37, United States Code,
as added by subsection (a), who on the date of the enactment of
the National Defense Authorization Act for Fiscal Year 2013 is
being paid basic allowance for housing at a rate that is based
on a housing area other than the member's permanent duty
station, shall be paid at that current rate until the member is
assigned to perform duty at the member's permanent duty station,
at which time the member shall be paid basic allowance for
housing at the prevailing permanent duty station housing area
rate or at the permanent duty station housing rate for which the
member has qualified under such paragraph (6).
(2) Alternative rate.--The Secretary of a military
department, with the approval of the Secretary of Defense, may
pay a member covered by paragraph (1) and under the jurisdiction
of that Secretary a basic allowance for housing at a rate higher
than the rate provided under such paragraph to ensure that the
member is treated fairly and equitably or to serve the best
interests of the United States.
SEC. 605. PAYMENT OF BENEFIT FOR NONPARTICIPATION OF ELIGIBLE
MEMBERS IN POST-DEPLOYMENT/MOBILIZATION
RESPITE ABSENCE PROGRAM DUE TO GOVERNMENT
ERROR.
(a) Payment of Benefit.--
[[Page 126 STAT. 1775]]
(1) In general.--Upon application, the Secretary concerned
shall make a payment to each individual described in paragraph
(2) of $200 for each day of nonparticipation of such individual
in the Post-Deployment/Mobilization Respite Absence program as
described in that paragraph.
(2) Covered individuals.--An individual described in this
paragraph is an individual who--
(A) was eligible for participation as a member of
the Armed Forces in the Post-Deployment/Mobilization
Respite Absence program; but
(B) as determined by the Secretary concerned
pursuant to an application for the correction of the
military records of such individual pursuant to section
1552 of title 10, United States Code, or other process
as determined by the Secretary, did not participate in
one or more days in the program for which the individual
was so eligible due to Government error.
(b) Deceased Individuals.--
(1) Applications.--If an individual otherwise covered by
subsection (a) is deceased, the application required by that
subsection shall be made by the individual's legal
representative.
(2) Payment.--If an individual to whom payment would be made
under subsection (a) is deceased at time of payment, payment
shall be made in the manner specified in section 1552(c)(2) of
title 10, United States Code, or other process as determined by
the Secretary concerned.
(c) Payment in Lieu of Administrative Absence.--Payment under
subsection (a) with respect to a day described in that subsection shall
be in lieu of any entitlement of the individual concerned to a day of
administrative absence for such day.
(d) Construction.--
(1) Construction with other pay.--Any payment with respect
to an individual under subsection (a) is in addition to any
other pay provided by law.
(2) Construction of authority.--It is the sense of Congress
that--
(A) the sole purpose of the authority in this
section is to remedy administrative errors; and
(B) the authority in this section is not intended to
establish any entitlement in connection with the Post-
Deployment/Mobilization Respite Absence program.
(e) Definitions.--In this section, the terms ``Post-Deployment/
Mobilization Respite Absence program'' and ``Secretary concerned'' have
the meaning given such terms in section 604(f) of the National Defense
Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123 Stat.
2350).
Subtitle B--Bonuses and Special and Incentive Pays
SEC. 611. ONE-YEAR EXTENSION OF CERTAIN BONUS AND SPECIAL PAY
AUTHORITIES FOR RESERVE FORCES.
The following sections of title 37, United States Code, are amended
by striking ``December 31, 2012'' and inserting ``December 31, 2013'':
[[Page 126 STAT. 1776]]
(1) Section 308b(g), relating to Selected Reserve
reenlistment bonus.
(2) Section 308c(i), relating to Selected Reserve
affiliation or enlistment bonus.
(3) Section 308d(c), relating to special pay for enlisted
members assigned to certain high-priority units.
(4) Section 308g(f)(2), relating to Ready Reserve enlistment
bonus for persons without prior service.
(5) Section 308h(e), relating to Ready Reserve enlistment
and reenlistment bonus for persons with prior service.
(6) Section 308i(f), relating to Selected Reserve enlistment
and reenlistment bonus for persons with prior service.
(7) <<NOTE: 37 USC 478a.>> Section 408a(e), relating to
reimbursement of travel expenses for inactive-duty training
outside of normal commuting distance.
(8) Section 910(g), relating to income replacement payments
for reserve component members experiencing extended and frequent
mobilization for active duty service.
SEC. 612. ONE-YEAR EXTENSION OF CERTAIN BONUS AND SPECIAL PAY
AUTHORITIES FOR HEALTH CARE PROFESSIONALS.
(a) Title 10 Authorities.--The following sections of title 10,
United States Code, are amended by striking ``December 31, 2012'' and
inserting ``December 31, 2013'':
(1) Section 2130a(a)(1), relating to nurse officer candidate
accession program.
(2) Section 16302(d), relating to repayment of education
loans for certain health professionals who serve in the Selected
Reserve.
(b) Title 37 Authorities.--The following sections of title 37,
United States Code, are amended by striking ``December 31, 2012'' and
inserting ``December 31, 2013'':
(1) Section 302c-1(f), relating to accession and retention
bonuses for psychologists.
(2) Section 302d(a)(1), relating to accession bonus for
registered nurses.
(3) Section 302e(a)(1), relating to incentive special pay
for nurse anesthetists.
(4) Section 302g(e), relating to special pay for Selected
Reserve health professionals in critically short wartime
specialties.
(5) Section 302h(a)(1), relating to accession bonus for
dental officers.
(6) Section 302j(a), relating to accession bonus for
pharmacy officers.
(7) Section 302k(f), relating to accession bonus for medical
officers in critically short wartime specialties.
(8) Section 302l(g), relating to accession bonus for dental
specialist officers in critically short wartime specialties.
SEC. 613. ONE-YEAR EXTENSION OF SPECIAL PAY AND BONUS AUTHORITIES
FOR NUCLEAR OFFICERS.
The following sections of title 37, United States Code, are amended
by striking ``December 31, 2012'' and inserting ``December 31, 2013'':
(1) Section 312(f), relating to special pay for nuclear-
qualified officers extending period of active service.
[[Page 126 STAT. 1777]]
(2) Section 312b(c), relating to nuclear career accession
bonus.
(3) Section 312c(d), relating to nuclear career annual
incentive bonus.
SEC. 614. ONE-YEAR EXTENSION OF AUTHORITIES RELATING TO TITLE 37
CONSOLIDATED SPECIAL PAY, INCENTIVE PAY,
AND BONUS AUTHORITIES.
The following sections of title 37, United States Code, are amended
by striking ``December 31, 2012'' and inserting ``December 31, 2013'':
(1) Section 331(h), relating to general bonus authority for
enlisted members.
(2) Section 332(g), relating to general bonus authority for
officers.
(3) Section 333(i), relating to special bonus and incentive
pay authorities for nuclear officers.
(4) Section 334(i), relating to special aviation incentive
pay and bonus authorities for officers.
(5) Section 335(k), relating to special bonus and incentive
pay authorities for officers in health professions.
(6) Section 351(h), relating to hazardous duty pay.
(7) Section 352(g), relating to assignment pay or special
duty pay.
(8) Section 353(i), relating to skill incentive pay or
proficiency bonus.
(9) Section 355(h), relating to retention incentives for
members qualified in critical military skills or assigned to
high priority units.
SEC. 615. ONE-YEAR EXTENSION OF AUTHORITIES RELATING TO PAYMENT OF
OTHER TITLE 37 BONUSES AND SPECIAL PAYS.
The following sections of title 37, United States Code, are amended
by striking ``December 31, 2012'' and inserting ``December 31, 2013'':
(1) Section 301b(a), relating to aviation officer retention
bonus.
(2) Section 307a(g), relating to assignment incentive pay.
(3) Section 308(g), relating to reenlistment bonus for
active members.
(4) Section 309(e), relating to enlistment bonus.
(5) Section 324(g), relating to accession bonus for new
officers in critical skills.
(6) Section 326(g), relating to incentive bonus for
conversion to military occupational specialty to ease personnel
shortage.
(7) Section 327(h), relating to incentive bonus for transfer
between armed forces.
(8) Section 330(f), relating to accession bonus for officer
candidates.
SEC. 616. INCREASE IN MAXIMUM AMOUNT OF OFFICER AFFILIATION BONUS
FOR OFFICERS IN THE SELECTED RESERVE.
Section 308j(d) of title 37, United States Code, is amended by
striking ``$10,000'' and inserting ``$20,000''.
[[Page 126 STAT. 1778]]
SEC. 617. INCREASE IN MAXIMUM AMOUNT OF INCENTIVE BONUS FOR
RESERVE COMPONENT MEMBERS WHO CONVERT
MILITARY OCCUPATIONAL SPECIALTY TO EASE
PERSONNEL SHORTAGES.
Section 326(c)(1) of title 37, United States Code, is amended by
striking ``$4,000, in the case of a member of a regular component of the
armed forces, and $2,000, in the case of a member of a reserve component
of the armed forces.'' and inserting ``$4,000.''.
Subtitle C--Travel and Transportation Allowances
SEC. 621. PERMANENT CHANGE OF STATION ALLOWANCES FOR MEMBERS OF
SELECTED RESERVE UNITS FILLING A VACANCY
IN ANOTHER UNIT AFTER BEING INVOLUNTARILY
SEPARATED.
(a) Travel and Transportation Allowances Generally.--Section 474 of
title 37, United States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (4), by striking ``and'' at the
end;
(B) in paragraph (5), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following new
paragraph:
``(6) <<NOTE: Time periods.>> upon filling a vacancy in a
Selected Reserve unit at a duty station that is more than 150
miles from the member's residence if--
``(A) during the preceding three years the member
was involuntarily separated under other than adverse
conditions (as characterized by the Secretary concerned)
while assigned to a unit of the Selected Reserve
certified by the Secretary concerned as having been
adversely affected by force structure reductions during
the period beginning on October 1, 2012, and ending on
December 31, 2018;
``(B) the involuntary separation occurred during the
period beginning on October 1, 2012, and ending on
December 31, 2018; and
``(C) the member is--
``(i) qualified in a skill designated as
critically short by the Secretary concerned; or
``(ii) filling a vacancy in a Selected Reserve
unit with a critical manpower shortage, or in a
pay grade with a critical manpower shortage in
such unit.'';
(2) in subsection (f), by adding at the end the following
new paragraph:
``(4)(A) A member may be provided travel and transportation
allowances under subsection (a)(6) only with respect to the filling of a
vacancy in a Selected Reserve unit one time.
``(B) <<NOTE: Regulations.>> Regulations under this section shall
provide that whenever travel and transportation allowances are paid
under subsection (a)(6), the cost shall be borne by the unit filling the
vacancy.''; and
(3) in subsection (j), by inserting ``(except subsection
(a)(6))'' after ``In this section''.
[[Page 126 STAT. 1779]]
(b) Travel and Transportation Allowances for Dependents and
Household Effects.--Section 476 of such title is amended--
(1) by redesignating subsections (l), (m), and (n) as
subsections (m), (n), and (o), respectively; and
(2) by inserting after subsection (k) the following new
subsection (l):
``(l)(1) A member described in paragraph (2) is entitled to the
travel and transportation allowances, including allowances with respect
to dependents, authorized by this section upon filling a vacancy as
described in that paragraph as if the member were undergoing a permanent
change of station under orders in filling such vacancy.
``(2) <<NOTE: Time periods.>> A member described in this paragraph
is a member who is filling a vacancy in a Selected Reserve unit at a
duty station that is more than 150 miles from the member's residence
if--
``(A) during the three years preceding filling the vacancy,
the member was involuntarily separated under other than adverse
conditions (as characterized by the Secretary concerned) while
assigned to a unit of the Selected Reserve certified by the
Secretary concerned as having been adversely affected by force
structure reductions during the period beginning on October 1,
2012, and ending on December 31, 2018;
``(B) the involuntary separation occurred during the period
beginning on October 1, 2012, and ending on December 31, 2018;
and
``(C) the member is--
``(i) qualified in a skill designated as critically
short by the Secretary concerned; or
``(ii) filling a vacancy in a Selected Reserve unit
with a critical manpower shortage, or in a pay grade
with a critical manpower shortage in such unit.
``(3) Any allowances authorized by this section that are payable
under this subsection may be payable in advance if payable in advance to
a member undergoing a permanent change of station under orders under the
applicable provision of this section.''.
SEC. 622. AUTHORITY FOR COMPREHENSIVE PROGRAM FOR SPACE-AVAILABLE
TRAVEL ON DEPARTMENT OF DEFENSE AIRCRAFT.
(a) Program Authorized.--Section 2641b of title 10, United States
Code, is amended to read as follows:
``Sec. 2641b. Space-available travel on Department of Defense
aircraft: program authorized and eligible
recipients
``(a) Authority to Establish Program.--(1) The Secretary of Defense
may establish a program (in this section referred to as the `travel
program') to provide transportation on Department of Defense aircraft on
a space-available basis to the categories of individuals eligible under
subsection (c).
``(2) <<NOTE: Determination. Regulations.>> If the Secretary makes
a determination to establish the travel program, the Secretary shall
prescribe regulations for the operation of the travel program not later
than one year after the date on which the determination was made. The
regulations shall take effect on that date or such earlier date as the
Secretary shall specify in the regulations.
[[Page 126 STAT. 1780]]
``(3) <<NOTE: Deadline. Reports.>> Not later than 30 days after
making the determination to establish the travel program, the Secretary
shall submit to the congressional defense committees an initial
implementation report describing--
``(A) the basis for the determination;
``(B) any additional categories of individuals to be
eligible for the travel program under subsection (c)(5);
``(C) how the Secretary will ensure that the travel program
is established and operated in compliance with the conditions
specified in subsection (b); and
``(D) the metrics by which the Secretary will monitor the
travel program to determine the efficient and effective
execution of the travel program.
``(b) Conditions on Establishment and Operation.--(1) The Secretary
of Defense shall operate the travel program in a budget-neutral manner.
``(2) No additional funds may be used, or flight hours performed,
for the purpose of providing transportation under the travel program.
``(c) Eligible Individuals.--Subject to subsection (d), the
Secretary of Defense shall provide transportation under the travel
program (if established) to the following categories of individuals:
``(1) Members of the armed forces on active duty.
``(2) Members of the Selected Reserve who hold a valid
Uniformed Services Identification and Privilege Card.
``(3) Retired members of a regular or reserve component of
the armed forces, including retired members of reserve
components who, but for being under the eligibility age
applicable under section 12731 of this title, would be eligible
for retired pay under chapter 1223 of this title.
``(4) Such categories of dependents of individuals described
in paragraphs (1) through (3) as the Secretary shall specify in
the regulations under subsection (a), under such conditions and
circumstances as the Secretary shall specify in such
regulations.
``(5) Such other categories of individuals as the Secretary,
in the discretion of the Secretary, considers appropriate.
``(d) Priorities and Restrictions.--In operating the travel program,
the Secretary of Defense shall--
``(1) in the sole discretion of the Secretary, establish an
order of priority for transportation under the travel program
for categories of eligible individuals that is based on
considerations of military necessity, humanitarian concerns, and
enhancement of morale;
``(2) give priority in consideration of transportation under
the travel program to the demands of members of the armed forces
in the regular components and in the reserve components on
active duty and to the need to provide such members, and their
dependents, a means of respite from such demands; and
``(3) implement policies aimed at ensuring cost control (as
required by subsection (b)) and the safety, security, and
efficient processing of travelers, including limiting the
benefit under the travel program to one or more categories of
otherwise eligible individuals if considered necessary by the
Secretary.
``(e) Special Priority for Retired Members Residing in Commonwealths
and Possessions of the United States Who
[[Page 126 STAT. 1781]]
Need Certain Health Care Services.--(1) Notwithstanding subsection
(d)(1), in establishing space-available transportation priorities under
the travel program, the Secretary of Defense shall provide
transportation for an individual described in paragraph (2), and a
single dependent of the individual if needed to accompany the
individual, at a priority level in the same category as the priority
level for an unaccompanied dependent over the age of 18 traveling on
environmental and morale leave.
``(2) <<NOTE: Applicability.>> Subject to paragraph (3), paragraph
(1) applies with respect to an individual described in subsection (c)(3)
who--
``(A) resides in or is located in a Commonwealth or
possession of the United States; and
``(B) is referred by a military or civilian primary care
provider located in that Commonwealth or possession to a
specialty care provider for services to be provided outside of
that Commonwealth or possession.
``(3) If an individual described in subsection (c)(3) is a retired
member of a reserve component who is ineligible for retired pay under
chapter 1223 of this title by reason of being under the eligibility age
applicable under section 12731 of this title, paragraph (1) applies to
the individual only if the individual is also enrolled in the TRICARE
program for certain members of the Retired Reserve authorized under
section 1076e of this title.
``(4) <<NOTE: Applicability.>> The priority for space-available
transportation required by this subsection applies with respect to
both--
``(A) the travel from the Commonwealth or possession of the
United States to receive the specialty care services; and
``(B) the return travel.
``(5) <<NOTE: Applicability.>> The requirement to provide
transportation on Department of Defense aircraft on a space-available
basis on the priority basis described in paragraph (1) to individuals
covered by this subsection applies whether or not the travel program is
established under this section.
``(6) <<NOTE: Definitions.>> In this subsection, the terms `primary
care provider' and `specialty care provider' refer to a medical or
dental professional who provides health care services under chapter 55
of this title.
``(f) Construction.--The authority to provide transportation under
the travel program is in addition to any other authority under law to
provide transportation on Department of Defense aircraft on a space-
available basis.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 157 of such title is <<NOTE: 10 USC prec. 2631.>> amended by
striking the item relating to section 2641b and inserting the following
new item:
``2641b. Space-available travel on Department of Defense aircraft:
program authorized and eligible recipients.''.
Subtitle D--Benefits and Services for Members Being Separated or
Recently Separated
SEC. 631. EXTENSION OF AUTHORITY TO PROVIDE TWO YEARS OF
COMMISSARY AND EXCHANGE BENEFITS AFTER
SEPARATION.
(a) Extension of Authority.--Section 1146 of title 10, United States
Code, is amended--
[[Page 126 STAT. 1782]]
(1) in subsection (a), by striking ``2012'' and inserting
``2018''; and
(2) in subsection (b), by striking ``2012'' and inserting
``2018''.
(b) Correction of Reference to Administering Secretary.--Such
section is further amended--
(1) in subsection (a), by striking ``The Secretary of
Transportation'' and inserting ``The Secretary concerned''; and
(2) in subsection (b), by striking ``The Secretary of
Homeland Security'' and inserting ``The Secretary concerned''.
SEC. 632. TRANSITIONAL USE OF MILITARY FAMILY HOUSING.
(a) Resumption of Authority to Authorize Transitional Use.--
Subsection (a) of section 1147 of title 10, United States Code, is
amended--
(1) in paragraph (1), by striking ``October 1, 1990, and
ending on December 31, 2001'' and inserting ``October 1, 2012,
and ending on December 31, 2018''; and
(2) in paragraph (2), by striking ``October 1, 1994, and
ending on December 31, 2001'' and inserting ``October 1, 2012,
and ending on December 31, 2018''.
(b) Prohibition on Provision of Transitional Basic Allowance for
Housing.--Such section is further amended by adding at the end the
following new subsection:
``(c) No Transitional Basic Allowance for Housing.--Nothing in this
section shall be construed to authorize the Secretary concerned to
continue to provide for any period of time to an individual who is
involuntarily separated all or any portion of a basic allowance for
housing to which the individual was entitled under section 403 of title
37 immediately before being involuntarily separated, even in cases in
which the individual or members of the individual's household continue
to reside after the separation in a housing unit acquired or constructed
under the alternative authority of subchapter IV of chapter 169 of this
title that is not owned or leased by the United States.''.
(c) Correction of Reference to Administering Secretary.--Subsection
(a)(2) of such section is further amended by striking ``The Secretary of
Transportation'' and inserting ``The Secretary concerned''.
Subtitle E--Disability, Retired Pay, and Survivor Benefits
SEC. 641. REPEAL OF REQUIREMENT FOR PAYMENT OF SURVIVOR BENEFIT
PLAN PREMIUMS WHEN PARTICIPANT WAIVES
RETIRED PAY TO PROVIDE A SURVIVOR ANNUITY
UNDER FEDERAL EMPLOYEES RETIREMENT SYSTEM
AND TERMINATING PAYMENT OF THE SURVIVOR
BENEFIT PLAN ANNUITY.
(a) Deposits Not Required.--Section 1452(e) of title 10, United
States Code, is amended--
(1) in the subsection heading, by inserting ``and FERS''
after ``CSRS'';
(2) by inserting ``or chapter 84 of such title'' after
``chapter 83 of title 5'';
(3) by inserting ``or 8416(a)'' after ``8339(j)''; and
[[Page 126 STAT. 1783]]
(4) by inserting ``or 8442(a)'' after ``8341(b)''.
(b) Conforming Amendments.--Section 1450(d) of such title is
amended--
(1) by inserting ``or chapter 84 of such title'' after
``chapter 83 of title 5'';
(2) by inserting ``or 8416(a)'' after ``8339(j)''; and
(3) by inserting ``or 8442(a)'' after ``8341(b)''.
(c) <<NOTE: 10 USC 1450 note.>> Application of Amendments.--The
amendments made by this section shall apply with respect to any
participant electing an annuity for survivors under chapter 84 of title
5, United States Code, on or after the date of the enactment of this
Act.
SEC. 642. REPEAL OF AUTOMATIC ENROLLMENT IN FAMILY SERVICEMEMBERS'
GROUP LIFE INSURANCE FOR MEMBERS OF THE
ARMED FORCES MARRIED TO OTHER MEMBERS.
Section 1967(a)(1) of title 38, United States Code, is amended--
(1) in subparagraph (A)(ii), by inserting after ``insurable
dependent of the member'' the following: ``(other than a
dependent who is also a member of a uniformed service and,
because of such membership, is automatically insured under this
paragraph)''; and
(2) in subparagraph (C)(ii), by inserting after ``insurable
dependent of the member'' the following: ``(other than a
dependent who is also a member of a uniformed service and,
because of such membership, is automatically insured under this
paragraph)''.
SEC. 643. CLARIFICATION OF COMPUTATION OF COMBAT-RELATED SPECIAL
COMPENSATION FOR CHAPTER 61 DISABILITY
RETIREES.
(a) In General.--Section 1413a(b)(3) of title 10, United States
Code, is amended by striking ``shall be reduced by the amount (if any)
by which the amount of the member's retired pay under chapter 61 of this
title exceeds'' both places it appears and inserting ``may not, when
combined with the amount of retired pay payable to the retiree after any
such reduction under sections 5304 and 5305 of title 38, cause the total
of such combined payment to exceed''.
(b) <<NOTE: Applicability. 10 USC 1413a note.>> Effective Date.--
The amendment made by this section shall take effect as of January 1,
2013, and shall apply to payments for months beginning on or after that
date.
Subtitle F--Commissary and Nonappropriated Fund Instrumentality Benefits
and Operations
SEC. 651. REPEAL OF CERTAIN RECORDKEEPING AND REPORTING
REQUIREMENTS APPLICABLE TO COMMISSARY AND
EXCHANGE STORES OVERSEAS.
(a) Repeal.--Section 2489 of title 10, United States Code, is
amended by striking subsections (b) and (c).
(b) Conforming Amendments.--Such section is further amended--
[[Page 126 STAT. 1784]]
(1) by striking ``General Authority.--(1)'' and inserting
``Authority to Establish Restrictions.--'';
(2) by striking ``(2)'' and inserting ``(b) Limitations on
Use of Authority.--''; and
(3) by redesignating subparagraphs (A) and (B) as paragraphs
(1) and (2), respectively.
SEC. 652. TREATMENT OF FISHER HOUSE FOR THE FAMILIES OF THE FALLEN
AND MEDITATION PAVILION AT DOVER AIR FORCE
BASE, DELAWARE, AS A FISHER HOUSE.
(a) Fisher Houses and Authorized Fisher House Residents.--Subsection
(a) of section 2493 of title 10, United States Code, is amended--
(1) in paragraph (1)(B), by striking ``by patients'' and all
that follows through ``such patients;'' and inserting ``by
authorized Fisher House residents;'';
(2) by redesignating paragraph (2) as paragraph (3);
(3) by inserting after paragraph (1) the following new
paragraph:
``(2) <<NOTE: Definition.>> The term `Fisher House'
includes the Fisher House for the Families of the Fallen and
Meditation Pavilion at Dover Air Force Base, Delaware, so long
as such facility is available for residential use on a temporary
basis by authorized Fisher House residents.''; and
(4) by adding at the end the following new paragraph:
``(4) <<NOTE: Definition.>> The term `authorized Fisher
House residents' means the following:
``(A) With respect to a Fisher House described in
paragraph (1) that is located in proximity to a health
care facility of the Army, the Air Force, or the Navy,
the following persons:
``(i) Patients of that health care facility.
``(ii) Members of the families of such
patients.
``(iii) Other persons providing the equivalent
of familial support for such patients.
``(B) With respect to the Fisher House described in
paragraph (2), the following persons:
``(i) The primary next of kin of a member of
the armed forces who dies while located or serving
overseas.
``(ii) Other family members of the deceased
member who are eligible for transportation under
section 481f(e) of title 37.
``(iii) An escort of a family member described
in clause (i) or (ii).''.
(b) Conforming Amendments.--Subsections (b), (e), and (f) of such
section are amended by striking ``health care'' each place it appears.
(c) Repeal of Fiscal Year 2012 Freestanding Designation.--Section
643 of the National Defense Authorization Act for Fiscal Year 2012
(Public Law 112-81; 125 Stat. 1466) is repealed.
[[Page 126 STAT. 1785]]
Subtitle G--Military Lending
SEC. 661. ADDITIONAL ENHANCEMENTS OF PROTECTIONS ON CONSUMER
CREDIT FOR MEMBERS OF THE ARMED FORCES AND
THEIR DEPENDENTS.
(a) Protections Against Differential Treatment on Consumer Credit
Under State Law.--Subsection (d)(2) of section 987 of title 10, United
States Code, is amended--
(1) in subparagraph (A), by inserting ``any consumer credit
or'' before ``loans''; and
(2) in subparagraph (B), by inserting ``covering consumer
credit'' after ``State consumer lending protections''.
(b) Regular Consultations on Protection.--Subsection (h)(3) of such
section is amended--
(1) in the matter preceding subparagraph (A), by inserting
``and not less often than once every two years thereafter,''
after ``under this subsection,''; and
(2) by striking subparagraph (E) and inserting the following
new subparagraph:
``(E) The Bureau of Consumer Financial Protection.''.
(c) <<NOTE: 10 USC 987 note.>> Effective Date.--
(1) Modification of regulations.--The Secretary of Defense
shall modify the regulations prescribed under subsection (h) of
section 987 of title 10, United States Code, to take into
account the amendments made by subsection (a).
(2) Effective date.--The amendments made by subsection (a)
shall take effect on--
(A) the date that is one year after the date of the
enactment of this Act; or
(B) such earlier date as the Secretary shall specify
in the modification of regulations required by paragraph
(1).
(3) <<NOTE: Federal Register, publication. Deadline.>>
Publication of earlier date.--If the Secretary specifies an
earlier effective date for the amendments made by subsection (a)
pursuant to paragraph (2)(B), the Secretary shall publish notice
of such earlier effective date in the Federal Register not later
than 90 days before such earlier effective date.
SEC. 662. EFFECT OF VIOLATIONS OF PROTECTIONS ON CONSUMER CREDIT
EXTENDED TO MEMBERS OF THE ARMED FORCES
AND THEIR DEPENDENTS.
(a) Civil Liability.--Section 987(f) of title 10, United States
Code, is amended by adding at the end the following new paragraph:
``(5) Civil liability.--
``(A) In general.--A person who violates this
section with respect to any person is civilly liable to
such person for--
``(i) any actual damage sustained as a result,
but not less than $500 for each violation;
``(ii) appropriate punitive damages;
``(iii) appropriate equitable or declaratory
relief; and
``(iv) any other relief provided by law.
``(B) Costs of the action.--In any successful action
to enforce the civil liability described in subparagraph
(A),
[[Page 126 STAT. 1786]]
the person who violated this section is also liable for
the costs of the action, together with reasonable
attorney fees as determined by the court.
``(C) Effect of finding of bad faith and
harassment.--In any successful action by a defendant
under this section, if the court finds the action was
brought in bad faith and for the purpose of harassment,
the plaintiff is liable for the attorney fees of the
defendant as determined by the court to be reasonable in
relation to the work expended and costs incurred.
``(D) Defenses.--A person may not be held liable for
civil liability under this paragraph if the person shows
by a preponderance of evidence that the violation was
not intentional and resulted from a bona fide error
notwithstanding the maintenance of procedures reasonably
adapted to avoid any such error. Examples of a bona fide
error include clerical, calculation, computer
malfunction and programming, and printing errors, except
that an error of legal judgment with respect to a
person's obligations under this section is not a bona
fide error.
``(E) Jurisdiction, venue, and statute of
limitations.--An action for <<NOTE: Deadline.>> civil
liability under this paragraph may be brought in any
appropriate United States district court, without regard
to the amount in controversy, or in any other court of
competent jurisdiction, not later than the earlier of--
``(i) two years after the date of discovery by
the plaintiff of the violation that is the basis
for such liability; or
``(ii) five years after the date on which the
violation that is the basis for such liability
occurs.''.
(b) Enforcement Authority.--Such section is further amended by
inserting after paragraph (5), as added by subsection (a), the following
new paragraph:
``(6) Administrative enforcement.--The provisions of this
section (other than paragraph (1) of this subsection) shall be
enforced by the agencies specified in section 108 of the Truth
in Lending Act (15 U.S.C. 1607) in the manner set forth in that
section or under any other applicable authorities available to
such agencies by law.''.
(c) <<NOTE: 10 USC 987 note.>> Application of Amendment.--The
amendment made by subsection (a) shall apply with respect to consumer
credit extended on or after the date of the enactment of this Act.
SEC. 663. CONSISTENT DEFINITION OF DEPENDENT FOR PURPOSES OF
APPLYING LIMITATIONS ON TERMS OF CONSUMER
CREDIT EXTENDED TO CERTAIN MEMBERS OF THE
ARMED FORCES AND THEIR DEPENDENTS.
Paragraph (2) of section 987(i) of title 10, United States Code, is
amended to read as follows:
``(2) Dependent.--The term `dependent', with respect to a
covered member, means a person described in subparagraph (A),
(D), (E), or (I) of section 1072(2) of this title.''.
[[Page 126 STAT. 1787]]
Subtitle H--Military Compensation and Retirement Modernization
Commission
SEC. 671. PURPOSE, SCOPE, AND DEFINITIONS.
(a) <<NOTE: Establishment.>> Purpose.--The purpose of this subtitle
is to establish the Military Compensation and Retirement Modernization
Commission to conduct a review of the military compensation and
retirement systems and to make recommendations to modernize such systems
in order to--
(1) ensure the long-term viability of the All-Volunteer
Force by sustaining the required human resources of that force
during all levels of conflict and economic conditions;
(2) enable the quality of life for members of the Armed
Forces and the other uniformed services and their families in a
manner that fosters successful recruitment, retention, and
careers for members of the Armed Forces and the other uniformed
services; and
(3) modernize and achieve fiscal sustainability for the
compensation and retirement systems for the Armed Forces and the
other uniformed services for the 21st century.
(b) Scope of Review.--
(1) <<NOTE: Recommenda- tions.>> Required elements of
review.--In order to provide the fullest understanding of the
matters required to balance the primary purpose of the review
specified in subsection (a), the Commission shall make its
recommendations for changes to the military compensation and
retirement systems only after--
(A) examining all laws, policies, and practices of
the Federal Government that result in any direct payment
of authorized or appropriated funds to--
(i) current and former members (veteran and
retired) of the uniformed services, including the
reserve components of those services; and
(ii) the spouses, family members, children,
survivors, and other persons authorized to receive
such payments as a result of their connection to
the members of the uniformed services named in
clause (i);
(B) examining all laws, policies, and practices of
the Federal Government that result in any expenditure of
authorized or appropriated funds to support the persons
named in subparagraph (A) and their quality of life,
including--
(i) health, disability, survivor, education,
and dependent support programs of the Department
of Defense and the Department of Veterans Affairs,
including outlays from the various Federal trust
funds supporting those programs;
(ii) Department of Education impact aid;
(iii) support or funding provided to States,
territories, colleges and universities;
(iv) Department of Defense morale, recreation,
and welfare programs, the resale programs
(military exchanges and commissaries), and
dependent school system;
(v) the tax treatment of military compensation
and benefits; and
[[Page 126 STAT. 1788]]
(vi) military family housing; and
(C) such other matters as the Commission considers
appropriate.
(2) Priorities.--In weighing its recommendations on those
matters necessary to sustain the human resources of the All-
Volunteer Force, the Commission shall--
(A) pay particular attention to the
interrelationships and interplay of impact between and
among the various programs of the Federal Government,
especially as those programs influence decisions of
persons about joining the uniformed services and of
members of the uniformed services about remaining in the
those services; and
(B) closely weigh its recommendations regarding the
web of interrelated programs supporting spouses and
families of members of the uniformed services, so that
changes in such programs do not adversely impact
decisions to remain in the uniformed services.
(3) Exception.--The Commission shall not examine any program
that uses appropriated funding for initial entry training or
unit training of members of the uniformed services.
(c) Definitions.--In this subtitle:
(1) The term ``Armed Forces'' has the meaning given the term
``armed forces'' in section 101(a)(4) of title 10, United States
Code.
(2) The term ``Commission'' means the Military Compensation
and Retirement Modernization Commission established by section
672.
(3) The term ``Commission establishment date'' means the
first day of the first month beginning on or after the date of
the enactment of this Act.
(4) The term ``military compensation and retirement
systems'' means the military compensation system and the
military retirement system.
(5) The term ``military compensation system'' means
provisions of law providing eligibility for and the computation
of military compensation, including regular military
compensation, special and incentive pays and allowances, medical
and dental care, educational assistance and related benefits,
and commissary and exchange benefits and related benefits and
activities.
(6) The term ``military retirement system'' means retirement
benefits, including retired pay based upon service in the
uniformed services and survivor annuities based upon such
service.
(7) The term ``Secretary'' means the Secretary of Defense.
(8) The term ``uniformed services'' has the meaning given
that term in section 101(a)(5) of title 10, United States Code.
(9) The terms ``veterans service organization'' and
``military-related advocacy group or association'' mean an
organization whose primary purpose is to advocate for veterans,
military personnel, military retirees, or military families.
SEC. 672. MILITARY COMPENSATION AND RETIREMENT MODERNIZATION
COMMISSION.
(a) Establishment.--There is established in the executive branch an
independent commission to be known as the Military Compensation and
Retirement Modernization Commission. The
[[Page 126 STAT. 1789]]
Commission shall be considered an independent establishment of the
Federal Government as defined by section 104 of title 5, United States
Code, and a temporary organization under section 3161 of such title.
(b) Membership.--
(1) Number and appointment.--The Commission shall be
composed of nine members appointed as follows:
(A) <<NOTE: President.>> The President shall
appoint one member.
(B) The Majority Leader of the Senate, in
consultation with the Chairman of the Committee on Armed
Services of the Senate, shall appoint two members.
(C) The Minority Leader of the Senate, in
consultation with the Ranking Member of the Committee on
Armed Services of the Senate, shall appoint two members.
(D) The Speaker of the House of Representatives, in
consultation with the Chairman of the Committee on Armed
Services of the House of Representatives, shall appoint
two members.
(E) The Minority Leader of the House of
Representatives, in consultation with the Ranking Member
of the Committee on Armed Services of the House of
Representatives, shall appoint two members.
(2) Deadline for appointment.--Members shall be appointed to
the Commission under paragraph (1) not later than four months
after the Commission establishment date.
(3) <<NOTE: President. Congress.>> Qualifications of
individuals appointed.--In appointing members of the Commission,
the President and Members of Congress specified in paragraph (1)
shall ensure that, collectively, there are members with
significant expertise regarding the matters described in section
671. The types of specific expertise and experience to be
considered include the following:
(A) Federal civilian employee compensation and
retirement.
(B) Military compensation and retirement.
(C) Private sector compensation, retirement, or
human resource systems.
(D) Active duty service in a regular component of
the uniformed services.
(E) Service in a reserve component.
(F) Experience as a spouse of a member of the
uniformed services.
(G) Service as an enlisted member of the uniformed
services.
(H) Military family policy development and
implementation.
(I) Department of Veterans Affairs benefit programs.
(J) Actuarial science.
(4) Limitation.--An individual who, within the preceding
year, has been employed by a veterans service organization or
military-related advocacy group or association may not be
appointed to the Commission.
(c) <<NOTE: President.>> Chair.--The President shall designate one
of the members of the Commission to be Chair of the Commission. The
individual designated as Chair of the Commission shall be a person who
has expertise in the military compensation and retirement systems. The
Chair, or the designee of the Chair, shall preside over meetings
[[Page 126 STAT. 1790]]
of the Commission and be responsible for establishing the agenda of
Commission meetings and hearings.
(d) Terms.--Members shall be appointed for the life of the
Commission. A vacancy in the Commission shall not affect its powers, and
shall be filled in the same manner as the original appointment was made.
(e) Status as Federal Employees.--Notwithstanding the requirements
of section 2105 of title 5, United States Code, including the required
supervision under subsection (a)(3) of such section, the members of the
Commission shall be deemed to be Federal employees.
(f) Pay for Members of the Commission.--
(1) In general.--Each member, other than the Chair, of the
Commission shall be paid at a rate equal to the daily equivalent
of the annual rate of basic pay payable for level IV of the
Executive Schedule under section 5315 of title 5, United States
Code, for each day (including travel time) during which the
member is engaged in the actual performance of duties vested in
the Commission.
(2) Chair.--The Chair of the Commission shall be paid at a
rate equal to the daily equivalent of the annual rate of basic
pay payable for level III of the Executive Schedule under
section 5314, of title 5, United States Code, for each day
(including travel time) during which the member is engaged in
the actual performance of duties vested in the Commission.
SEC. 673. <<NOTE: Deadlines.>> COMMISSION HEARINGS AND MEETINGS.
(a) <<NOTE: Public information. Web posting.>> In General.--The
Commission shall conduct hearings on the recommendations it is taking
under consideration. Any such hearing, except a hearing in which
classified information is to be considered, shall be open to the public.
Any hearing open to the public shall be announced on a Federal website
at least 14 days in advance. <<NOTE: Lists.>> For all hearings open to
the public, the Commission shall release an agenda and a listing of
materials relevant to the topics to be discussed.
(b) Meetings.--
(1) Initial meeting.--The Commission shall hold its initial
meeting not later than 30 days after the date as of which all
members have been appointed.
(2) Subsequent meetings.--After its initial meeting, the
Commission shall meet upon the call of the Chair or a majority
of its members.
(3) Public meetings.--Each meeting of the Commission shall
be held in public unless any member objects.
(c) Quorum.--Five members of the Commission shall constitute a
quorum, but a lesser number may hold hearings.
(d) Public Comments.--
(1) Solicitation.--The Commission shall seek written
comments from the general public and interested parties on
measures to modernize the military compensation and retirement
systems. <<NOTE: Federal Register, publication. Web
posting.>> Comments shall be requested through a solicitation in
the Federal Register and announcement on the Internet website of
the Commission.
(2) Period for submittal.--The period for the submittal of
comments pursuant to the solicitation under paragraph (1) shall
end not earlier than 30 days after the date of the solicitation
and shall end on or before the date on which the Secretary
[[Page 126 STAT. 1791]]
transmits the recommendations of the Secretary to the Commission
under section 674(b).
(3) Use by commission.--The Commission shall consider the
comments submitted under this subsection when developing its
recommendations.
(e) Space for Use of Commission.--Not later than 90 days after the
date of the enactment of this Act, the Administrator of General
Services, in consultation with the Secretary, shall identify and make
available suitable excess space within the Federal space inventory to
house the operations of the Commission. If the Administrator is not able
to make such suitable excess space available within such 90-day period,
the Commission may lease space to the extent the funds are available.
(f) Contracting Authority.--The Commission may acquire
administrative supplies and equipment for Commission use to the extent
funds are available.
SEC. 674. PRINCIPLES AND PROCEDURE FOR COMMISSION RECOMMENDATIONS.
(a) Context of Commission Review.--The Commission shall conduct a
review of the matters described in section 671, including current
military compensation and retirement systems, force management
objectives, and changes in life expectancy and the labor force.
(b) Development of Commission Recommendations.--
(1) Consistency with presidential principles.--Subject to
paragraph (2), the Commission shall develop recommendations that
are consistent with the principles established by the President
under subsection (c) and section 671.
(2) Grandfathering of retired pay.--
(A) <<NOTE: Compliance.>> Conditions.--In
developing its recommendations, the Commission shall
comply with the following conditions with regard to the
treatment of retired pay for members and retired members
of the uniformed services who joined a uniformed service
before the date of the enactment of an Act to modernize
the military compensation and retirement systems:
(i) For members of the uniformed services as
of such date, who became members before the
enactment of such an Act, the monthly amount of
their retired pay may not be less than they would
have received under the current military
compensation and retirement system, nor may the
date at which they are eligible to receive their
military retired pay be adjusted to the financial
detriment of the member.
(ii) For members of the uniformed services
retired as of such date, the eligibility for and
receipt of their retired pay may not be adjusted
pursuant to any change made by the enactment of
such an Act.
(B) Voluntary election exception.--Nothing in
subparagraph (A) prevents a member described in such
subparagraph from voluntarily electing to be covered
under the provisions of an Act to modernize the military
compensation and retirement systems.
(c) <<NOTE: Deadline.>> Presidential Principles.--Not later than
five months after the Commission establishment date, the President shall
establish
[[Page 126 STAT. 1792]]
and transmit to the Commission and Congress principles for modernizing
the military compensation and retirement systems. The principles
established by the President shall address the following:
(1) Maintaining recruitment and retention of the best
military personnel.
(2) Modernizing the regular and reserve military
compensation and retirement systems.
(3) Differentiating between regular and reserve military
service.
(4) Differentiating between service in the Armed Forces and
service in the other uniformed services.
(5) Assisting with force management.
(6) Ensuring the fiscal sustainability of the military
compensation and retirement systems.
(7) Compliance with the purpose and scope of the review
prescribed in section 671.
(d) Secretary of Defense Recommendations.--
(1) Deadline.--Not later than nine months after the
Commission establishment date, the Secretary shall transmit to
the Commission the recommendations of the Secretary for
modernization of the military compensation and retirement
systems. The Secretary shall concurrently transmit the
recommendations to Congress.
(2) Development of recommendations.--The Secretary shall
develop the recommendations of the Secretary under paragraph
(1)--
(A) on the basis of the principles established by
the President pursuant to subsection (c);
(B) in consultation with the Secretary of Homeland
Security, with respect to recommendations concerning
members of the Coast Guard;
(C) in consultation with the Secretary of Health and
Human Services, with respect to recommendations
concerning members of the Public Health Service;
(D) in consultation with the Secretary of Commerce,
with respect to recommendations concerning members of
the National Oceanic and Atmospheric Administration; and
(E) in consultation with the Director of the Office
of Management and Budget.
(3) Justification.--The Secretary shall include with the
recommendations under paragraph (1) the justification of the
Secretary for each recommendation.
(4) Availability of information.--The Secretary shall make
available to the Commission and to Congress the information used
by the Secretary to prepare the recommendations of the Secretary
under paragraph (1).
(e) Commission Hearings on Recommendations of Secretary.--
After <<NOTE: Public information.>> receiving from the Secretary the
recommendations of the Secretary for modernization of the military
compensation and retirement systems under subsection (d), the Commission
shall conduct public hearings on the recommendations.
(f) Commission Report and Recommendations.--
(1) Report.--Not later than 15 months after the Commission
establishment date, the Commission shall transmit to the
President a report containing the findings and conclusions of
the Commission, together with the recommendations of the
Commission for the modernization of the military compensation
[[Page 126 STAT. 1793]]
and retirement systems. The Commission shall include in the
report legislative language to implement the recommendations of
the Commission. The findings and conclusions in the report shall
be based on the review and analysis by the Commission of the
recommendations made by the Secretary under subsection (d).
(2) Requirement for approval.--The recommendations of the
Commission must be approved by at least five members of the
Commission before the recommendations may be transmitted to the
President under paragraph (1).
(3) Procedures for changing recommendations of secretary.--
The Commission may make a change described in paragraph (4) in
the recommendations made by the Secretary only if the
Commission--
(A) <<NOTE: Determination.>> determines that the
change is consistent with the principles established by
the President under subsection (c);
(B) <<NOTE: Notice. Deadline.>> publishes a notice
of the proposed change not less than 45 days before
transmitting its recommendations to the President
pursuant to paragraph (1); and
(C) <<NOTE: Public information. Applicability.>>
conducts a public hearing on the proposed change.
(4) Covered changes.--Paragraph (3) applies to a change by
the Commission in the recommendations of the Secretary that
would--
(A) add a new recommendation;
(B) delete a recommendation; or
(C) substantially change a recommendation.
(5) Explanation and justification for changes.--The
Commission shall explain and justify in its report submitted to
the President under paragraph (1) any recommendation made by the
Commission that is different from the recommendations made by
the Secretary under subsection (d).
(6) <<NOTE: Records.>> Transmittal to congress.--The
Commission shall transmit a copy of its report to Congress on
the same date on which it transmits its report to the President
under paragraph (1).
SEC. 675. CONSIDERATION OF COMMISSION RECOMMENDATIONS BY THE
PRESIDENT.
(a) Report of Presidential Approval or Disapproval.--Not later than
60 days after the date on which the Commission transmits its report to
the President under section 674, the President shall transmit to the
Commission and to Congress a report containing the approval or
disapproval by the President of the recommendations of the Commission in
the report.
(b) Presidential Approval.--If in the report under subsection (a)
the President approves all the recommendations of the Commission, the
President shall include with the report the following:
(1) <<NOTE: Records.>> A copy of the recommendations of the
Commission.
(2) <<NOTE: Certification.>> The certification by the
President of the approval of the President of each
recommendation.
(3) The legislative language transmitted by the Commission
to the President as part of the report of the Commission.
(c) Presidential Disapproval.--
(1) Reasons for disapproval.--If in the report under
subsection (a) the President disapproves the recommendations of
[[Page 126 STAT. 1794]]
the Commission, in whole or in part, the President shall include
in the report the reasons for that disapproval.
(2) <<NOTE: Deadline.>> Revised recommendations from
commission.--Not later than one month after the date of the
report of the President under subsection (a) disapproving the
recommendations of the Commission, the Commission shall transmit
to the President revised recommendations for the modernization
of the military compensation and retirement systems, together
with revised legislative language to implement the revised
recommendations of the Commission.
(3) <<NOTE: Deadline.>> Action on revised
recommendations.--If the President approves all of the revised
recommendations of the Commission transmitted pursuant to
paragraph (2), the President shall transmit to Congress, not
later than one month after receiving the revised
recommendations, the following:
(A) <<NOTE: Records.>> A copy of the revised
recommendations.
(B) <<NOTE: Certification.>> The certification by
the President of the approval of the President of each
recommendation as so revised.
(C) The revised legislative language transmitted to
the President.
(d) Termination of Commission.--If the President does not transmit
to Congress an approval and certification described in subsection (b) or
(c)(3) in accordance with the applicable deadline under such subsection,
the Commission shall be terminated not later than one month after the
expiration of the period for transmittal of a report under subsection
(c)(3).
SEC. 676. EXECUTIVE DIRECTOR.
(a) Appointment.--The Commission shall appoint and fix the rate of
basic pay for an Executive Director in accordance with section 3161 of
title 5, United States Code.
(b) Limitations.--The Executive Director may not have served on
active duty in the Armed Forces or as a civilian employee of the
Department of Defense during the one-year period preceding the date of
such appointment and may not have been employed by a veterans service
organization or a military-related advocacy group or association during
that one-year period.
SEC. 677. STAFF.
(a) In General.--Subject to subsections (b) and (c), the Executive
Director, with the approval of the Commission, may appoint and fix the
rate of basic pay for additional personnel as staff of the Commission in
accordance with section 3161 of title 5, United States Code.
(b) Limitations on Staff.--
(1) Number of detailees from executive department.--Not more
than one-third of the personnel employed by or detailed to the
Commission may be on detail from the Department of Defense and
other executive branch departments.
(2) Prior duties within executive branch.--A person may not
be detailed from the Department of Defense or other executive
branch department to the Commission if, in the year before the
detail is to begin, that person participated personally and
substantially in any matter concerning the preparation of
recommendations for military compensation and retirement
modernization.
(3) Number of detailees eligible for military retired pay.--
Not more than one-fourth of the personnel employed
[[Page 126 STAT. 1795]]
by or detailed to the Commission may be persons eligible for or
receiving military retired pay.
(4) Prior employment with certain organizations.--A person
may not be employed by or detailed to the Commission if, in the
year before the employment or detail is to begin, that person
was employed by a veterans service organization or a military-
related advocacy group or association.
(c) Limitations on Performance Reviews.--No member of the uniformed
services, and no officer or employee of the Department of Defense or
other executive branch department, may--
(1) prepare any report concerning the effectiveness,
fitness, or efficiency of the performance of the staff of the
Commission or any person detailed to that staff;
(2) review the preparation of such a report; or
(3) approve or disapprove such a report.
SEC. 678. JUDICIAL REVIEW PRECLUDED.
The following shall not be subject to judicial review:
(1) Actions of the President, the Secretary, and the
Commission under section 674.
(2) Actions of the President under section 675.
SEC. 679. TERMINATION.
Except as otherwise provided in this title, the Commission shall
terminate not later than 26 months after the Commission establishment
date.
SEC. 680. FUNDING.
Of the amounts authorized to be appropriated by this Act for the
Department of Defense for fiscal year 2013, up to $10,000,000 shall be
made available to the Commission to carry out its duties under this
subtitle. Funds made available to the Commission under the preceding
sentence shall remain available until expended.
Subtitle I--Other Matters
SEC. 681. EQUAL TREATMENT FOR MEMBERS OF COAST GUARD RESERVE
CALLED TO ACTIVE DUTY UNDER TITLE 14,
UNITED STATES CODE.
(a) Inclusion in Definition of Contingency Operation.--Section
101(a)(13)(B) of title 10, United States Code, is amended by inserting
``section 712 of title 14,'' after ``chapter 15 of this title,''.
(b) Credit of Service Towards Reduction of Eligibility Age for
Receipt of Retired Pay for Non-Regular Service.--Section 12731(f)(2)(B)
of title 10, United States Code, is amended by adding at the end the
following new clause:
``(iv) Service on active duty described in this subparagraph is also
service on active duty pursuant to a call or order to active duty
authorized by the Secretary of Homeland Security under section 712 of
title 14 for purposes of emergency augmentation of the Regular Coast
Guard forces.''.
(c) Post 9/11 Educational Assistance.--Section 3301(1)(B) of title
38, United States Code, is amended by inserting ``or section 712 of
title 14'' after ``title 10''.
(d) <<NOTE: 10 USC 101 note.>> Retroactive Application of
Amendments.--
[[Page 126 STAT. 1796]]
(1) Inclusion of prior orders.--The amendments made by this
section shall apply to any call or order to active duty
authorized under section 712 of title 14, United States Code, on
or after December 31, 2011, by the Secretary of the executive
department in which the Coast Guard is operating.
(2) Credit for prior service.--The amendments made by this
section shall be deemed to have been enacted on December 31,
2011, for purposes of applying the amendments to the following
provisions of law:
(A) Section 5538 of title 5, United States Code,
relating to nonreduction in pay.
(B) Section 701 of title 10, United States Code,
relating to the accumulation and retention of leave.
(C) Section 12731 of title 10, United States Code,
relating to age and service requirements for receipt of
retired pay for non-regular service.
SEC. 682. REPORT REGARDING DEPARTMENT OF VETERANS AFFAIRS CLAIMS
PROCESS TRANSFORMATION PLAN.
(a) Report Required.--Not later than 60 days after the date of the
enactment of this Act, the Secretary of Veterans Affairs shall submit to
the Committees on Armed Forces and the Committees on Veterans' Affairs
of the Senate and House of Representatives a report on the plan of the
Secretary of Veterans Affairs to reduce the backlog of claims for
benefits under laws administered by the Secretary that are pending as of
the date of the enactment of this Act and to more efficiently and fairly
process claims for such benefits in the future.
(b) Contents of Report.-- The report required in under subsection
(a) shall include each of the following:
(1) A detailed explanation of the Veterans Benefits
Administration Claims Transformation Plan, including--
(A) a timeline and steps to completion with
anticipated completion dates;
(B) all benchmarks and indicia of success that the
Secretary will use to measure the success or failure of
each step in the Transformation Plan; and
(C) the estimated costs, by fiscal year for each of
the five fiscal years following the fiscal year during
which the report is submitted, associated with the
Transformation Plan, including training and personnel
costs, as well as the increase or decrease in the number
of personnel expected as part of the Transformation
Plan.
(2) A detailed explanation of the claims process that is
expected to result after the completion of the Transformation
Plan, from initial filing of claim to the award or denial of
benefits, including any appellate steps in the process.
(3) A detailed explanation of the roles and purposes of the
Program Management Office, the Veterans Benefits Administration
Transformation Governance Board, Transformation Joint Executive
Board, and Design Teams, including a list of personnel for each
entity as well as current and projected costs over the
subsequent five fiscal years to operate and staff each entity.
(4) A detailed explanation of all steps taken thus far to
involve non-Federal entities in the claims process, including
[[Page 126 STAT. 1797]]
the Texas Veterans Commission and other State or local agencies
relating to veterans' affairs, veterans service organizations,
and other not-for-profit entities.
(5) A plan for the Secretary to partner with non-Federal
entities to support efforts to reduce the backlog of claims for
benefits under laws administered by the Secretary and to more
efficiently and fairly process such claims in the future,
including State and local agencies relating to veterans affairs,
veterans service organizations, and such other relevant
Government and non-Government entities as the Secretary
considers appropriate. Such plan shall include--
(A) a description of how the Secretary intends to
leverage such partnerships with non-Federal entities to
eliminate the backlog by--
(i) increasing the percentage of new claims
that are fully developed prior to submittal to the
Secretary and expediting the processing of such
claims; and
(ii) helping claimants gather and submit
necessary evidence for claims that were previously
filed but require further development; and
(B) a description of how such partnerships with non-
Federal entities will fit into the Transformation Plan.
TITLE VII--HEALTH CARE PROVISIONS
Subtitle A--TRICARE and Other Health Care Benefits
Sec. 701. Extension of TRICARE Standard coverage and TRICARE dental
program for members of the Selected Reserve who are
involuntarily separated.
Sec. 702. Inclusion of certain over-the-counter drugs in TRICARE uniform
formulary.
Sec. 703. Modification of requirements on mental health assessments for
members of the Armed Forces deployed in connection with a
contingency operation.
Sec. 704. Use of Department of Defense funds for abortions in cases of
rape and incest.
Sec. 705. Pilot program on certain treatments of autism under the
TRICARE program.
Sec. 706. Pilot program on enhancements of Department of Defense efforts
on mental health in the National Guard and Reserves through
community partnerships.
Sec. 707. Sense of Congress on health care for retired members of the
uniformed services.
Subtitle B--Health Care Administration
Sec. 711. Authority for automatic enrollment in TRICARE Prime of
dependents of members in pay grades above pay grade E-4.
Sec. 712. Cost-sharing rates for the Pharmacy Benefits Program of the
TRICARE program.
Sec. 713. Clarification of applicability of certain authority and
requirements to subcontractors employed to provide health
care services to the Department of Defense.
Sec. 714. Expansion of evaluation of the effectiveness of the TRICARE
program.
Sec. 715. Requirement to ensure the effectiveness and efficiency of
health engagements.
Sec. 716. Pilot program for refills of maintenance medications for
TRICARE for Life beneficiaries through the TRICARE mail-order
pharmacy program.
Subtitle C--Mental Health Care and Veterans Matters
Sec. 723. Sharing between Department of Defense and Department of
Veterans Affairs of records and information retained under
the medical tracking system for members of the Armed Forces
deployed overseas.
Sec. 724. Participation of members of the Armed Forces in peer support
counseling programs of the Department of Veterans Affairs.
[[Page 126 STAT. 1798]]
Sec. 725. Research and medical practice on mental health conditions.
Sec. 726. Transparency in mental health care services provided by the
Department of Veterans Affairs.
Sec. 727. Expansion of Vet Center Program to include furnishing
counseling to certain members of the Armed Forces and their
family members.
Sec. 728. Organization of the Readjustment Counseling Service in the
Department of Veterans Affairs.
Sec. 729. Recruitment of mental health providers for furnishing mental
health services on behalf of the Department of Veterans
Affairs without compensation from the Department.
Sec. 730. Peer support.
Subtitle D--Reports and Other Matters
Sec. 731. Plan for reform of the administration of the military health
system.
Sec. 732. Future availability of TRICARE Prime throughout the United
States.
Sec. 733. Extension of Comptroller General report on contract health
care staffing for military medical treatment facilities.
Sec. 734. Extension of Comptroller General report on women-specific
health services and treatment for female members of the Armed
Forces.
Sec. 735. Study on health care and related support for children of
members of the Armed Forces.
Sec. 736. Report on strategy to transition to use of human-based methods
for certain medical training.
Sec. 737. Study on incidence of breast cancer among members of the Armed
Forces serving on active duty.
Sec. 738. Performance metrics and reports on Warriors in Transition
programs of the military departments.
Sec. 739. Plan to eliminate gaps and redundancies in programs of the
Department of Defense on psychological health and traumatic
brain injury.
Subtitle A--TRICARE and Other Health Care Benefits
SEC. 701. <<NOTE: Time period. Termination dates.>> EXTENSION OF
TRICARE STANDARD COVERAGE AND TRICARE
DENTAL PROGRAM FOR MEMBERS OF THE SELECTED
RESERVE WHO ARE INVOLUNTARILY SEPARATED.
(a) TRICARE Standard Coverage.--Section 1076d(b) of title 10, United
States Code, is amended--
(1) by striking ``Eligibility'' and inserting ``(1) Except
as provided in paragraph (2), eligibility''; and
(2) by adding at the end the following new paragraph:
``(2) During the period beginning on the date of the enactment of
this paragraph and ending December 31, 2018, eligibility for a member
under this section who is involuntarily separated from the Selected
Reserve under other than adverse conditions, as characterized by the
Secretary concerned, shall terminate 180 days after the date on which
the member is separated.''.
(b) TRICARE Dental Coverage.--Section 1076a(a)(1) of such title is
amended by adding at the end the following new sentence: ``During the
period beginning on the date of the enactment of this sentence and
ending December 31, 2018, such plan shall provide that coverage for a
member of the Selected Reserve who is involuntarily separated from the
Selected Reserve under other than adverse conditions, as characterized
by the Secretary concerned, shall not terminate earlier than 180 days
after the date on which the member is separated.''.
SEC. 702. INCLUSION OF CERTAIN OVER-THE-COUNTER DRUGS IN TRICARE
UNIFORM FORMULARY.
(a) Inclusion.--Subsection (a)(2) of section 1074g of title 10,
United States Code, is amended--
[[Page 126 STAT. 1799]]
(1) in subparagraph (D), by striking ``No pharmaceutical
agent may be excluded'' and inserting ``Except as provided in
subparagraph (F), no pharmaceutical agent may be excluded''; and
(2) by adding at the end the following new subparagraph:
``(F)(i) The Secretary may implement procedures to place selected
over-the-counter drugs on the uniform formulary and to make such drugs
available to eligible covered beneficiaries. An over-the-counter drug
may be included on the uniform formulary only if the Pharmacy and
Therapeutics Committee established under subsection (b) finds that the
over-the-counter drug is cost effective and clinically effective. If the
Pharmacy and Therapeutics Committee recommends an over-the-counter drug
for inclusion on the uniform formulary, the drug shall be considered to
be in the same therapeutic class of pharmaceutical agents, as determined
by the Committee, as similar prescription drugs.
``(ii) <<NOTE: Regulations.>> Regulations prescribed by the
Secretary to carry out clause (i) shall include the following with
respect to over-the-counter drugs included on the uniform formulary:
``(I) <<NOTE: Determination.>> A determination of the means
and conditions under paragraphs (5) and (6) through which over-
the-counter drugs will be available to eligible covered
beneficiaries and the amount of cost sharing that such
beneficiaries will be required to pay for over-the-counter
drugs, if any, except that no such cost sharing may be required
for a member of a uniformed service on active duty.
``(II) Any terms and conditions for the dispensing of over-
the-counter drugs to eligible covered beneficiaries.''.
(b) Definitions.--Subsection (g) of such section is amended by
adding at the end the following new paragraphs:
``(3) The term `over-the-counter drug' means a drug that is
not subject to section 503(b) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 353(b)).
``(4) The term `prescription drug' means a drug that is
subject to section 503(b) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 353(b)).''.
(c) Technical Amendments.--
(1) Cross-reference amendment.--Subsection (b)(1) of such
section is amended by striking ``subsection (g)'' and inserting
``subsection (h)''.
(2) Repeal of obsolete provisions.--
(A) Subsection (a)(2)(D) of such section is amended
by striking the last sentence.
(B) Subsection (b)(2) of such section is amended by
striking ``Not later than'' and all the follows through
``such 90-day period, the committee'' and inserting
``The committee''.
(C) Subsection (d)(2) of such section is amended--
(i) by striking ``Effective not later than
April 5, 2000, the Secretary'' and inserting ``The
Secretary''; and
(ii) by striking ``the current managed care
support contracts'' and inserting ``the managed
care support contracts current as of October 5,
1999,''.
[[Page 126 STAT. 1800]]
SEC. 703. MODIFICATION OF REQUIREMENTS ON MENTAL HEALTH
ASSESSMENTS FOR MEMBERS OF THE ARMED
FORCES DEPLOYED IN CONNECTION WITH A
CONTINGENCY OPERATION.
Section 1074m(a)(1)(C)(i) of title 10, United States Code, is
amended by striking ``one year'' and inserting ``18 months''.
SEC. 704. USE OF DEPARTMENT OF DEFENSE FUNDS FOR ABORTIONS IN
CASES OF RAPE AND INCEST.
Section 1093(a) of title 10, United States Code, is amended by
inserting before the period at the end the following: ``or in a case in
which the pregnancy is the result of an act of rape or incest''.
SEC. 705. <<NOTE: 10 USC 1092 note.>> PILOT PROGRAM ON CERTAIN
TREATMENTS OF AUTISM UNDER THE TRICARE
PROGRAM.
(a) Pilot Program.--
(1) In general.--The Secretary of Defense shall conduct a
pilot program to provide for the treatment of autism spectrum
disorders, including applied behavior analysis.
(2) Commencement.--The Secretary shall commence the pilot
program under paragraph (1) by not later than 90 days after the
date of the enactment of this Act.
(b) Duration.--The Secretary may not carry out the pilot program
under subsection (a)(1) for longer than a one-year period.
(c) Report.--Not later than 270 days after the date on which the
pilot program under subsection (a)(1) commences, the Secretary shall
submit to the Committees on Armed Services of the Senate and the House
of Representatives a report on the pilot program. The report shall
include the following:
(1) An assessment of the feasibility and advisability of
establishing a beneficiary cost share for the treatment of
autism spectrum disorders.
(2) A comparison of providing such treatment under--
(A) the ECHO Program; and
(B) the TRICARE program other than under the ECHO
Program.
(3) Any recommendations for changes in legislation.
(4) Any additional information the Secretary considers
appropriate.
(d) Definitions.--In this section:
(1) The term ``ECHO Program'' means the Extended Care Health
Option under subsections (d) through (f) of section 1079 of
title 10, United States Code.
(2) The term ``TRICARE program'' has the meaning given that
term in section 1072(7) of title 10, United States Code.
SEC. 706. <<NOTE: 10 USC 10101 note.>> PILOT PROGRAM ON
ENHANCEMENTS OF DEPARTMENT OF DEFENSE
EFFORTS ON MENTAL HEALTH IN THE NATIONAL
GUARD AND RESERVES THROUGH COMMUNITY
PARTNERSHIPS.
(a) Program Authority.--The Secretary of Defense may carry out a
pilot program to enhance the efforts of the Department of Defense in
research, treatment, education, and outreach on mental health and
substance use disorders and traumatic brain injury in members of the
National Guard and Reserves, their family members, and their caregivers
through community partners.
[[Page 126 STAT. 1801]]
(b) Agreements With Community Partners.--In carrying out the pilot
program authorized by subsection (a), the Secretary may enter into
partnership agreements with community partners described in subsection
(c) using a competitive and merit-based award process.
(c) Community Partner Described.--A community partner described in
this subsection is a private non-profit organization or institution that
meets such qualifications as the Secretary shall establish for purposes
of the pilot program and engages in one or more of the following:
(1) Research on the causes, development, and innovative
treatment of mental health and substance use disorders and
traumatic brain injury in members of the National Guard and
Reserves, their family members, and their caregivers.
(2) Identifying and disseminating evidence-based treatments
of mental health and substance use disorders and traumatic brain
injury described in paragraph (1).
(3) Outreach and education to such members, their families
and caregivers, and the public about mental health and substance
use disorders and traumatic brain injury described in paragraph
(1).
(d) Duration.--The duration of the pilot program may not exceed
three years.
(e) Report.--Not later than 180 days before the completion of the
pilot program, the Secretary of Defense shall submit to the Secretary of
Veterans Affairs and the congressional defense committees a report on
the results of the pilot program, including the number of members of the
National Guard and Reserves provided treatment or services by community
partners, and a description and assessment of the effectiveness and
achievements of the pilot program with respect to research, treatment,
education, and outreach on mental health and substance use disorders and
traumatic brain injury.
SEC. 707. SENSE OF CONGRESS ON HEALTH CARE FOR RETIRED MEMBERS OF
THE UNIFORMED SERVICES.
It is the sense of Congress that--
(1) members of the uniformed services and their families
endure unique and extraordinary demands and make extraordinary
sacrifices over the course of 20 to 30 years of service in
protecting freedom for all Americans, as do those who have been
medically retired due to the hardships of military service; and
(2) access to quality health care services is an earned
benefit during retirement in acknowledgment of their
contributions of service and sacrifice.
Subtitle B--Health Care Administration
SEC. 711. AUTHORITY FOR AUTOMATIC ENROLLMENT IN TRICARE PRIME OF
DEPENDENTS OF MEMBERS IN PAY GRADES ABOVE
PAY GRADE E-4.
Subsection (a) of section 1097a of title 10, United States Code, is
amended to read as follows:
``(a) Automatic Enrollment of Certain Dependents.--(1) In the case
of a dependent of a member of the uniformed services
[[Page 126 STAT. 1802]]
who is entitled to medical and dental care under section 1076(a)(2)(A)
of this title and resides in a catchment area in which TRICARE Prime is
offered, the Secretary--
``(A) shall automatically enroll the dependent in TRICARE
Prime if the member is in pay grade E-4 or below; and
``(B) may automatically enroll the dependent in TRICARE
Prime if the member is in pay grade E-5 or higher.
``(2) <<NOTE: Notification.>> Whenever a dependent of a member is
enrolled in TRICARE Prime under paragraph (1), the Secretary concerned
shall provide written notice of the enrollment to the member.
``(3) The enrollment of a dependent of the member may be terminated
by the member or the dependent at any time.''.
SEC. 712. COST-SHARING RATES FOR THE PHARMACY BENEFITS PROGRAM OF
THE TRICARE PROGRAM.
(a) In General.--Section 1074g(a)(6) of title 10, United States
Code, is amended--
(1) by striking subparagraph (A) and inserting the following
new subparagraph (A):
``(A) <<NOTE: Requirements.>> The Secretary, in the regulations
prescribed under subsection (h), shall establish cost-sharing
requirements under the pharmacy benefits program. In accordance with
subparagraph (C), such cost-sharing requirements shall consist of the
following:
``(i) With respect to each supply of a prescription covering
not more than 30 days that is obtained by a covered beneficiary
under the TRICARE retail pharmacy program--
``(I) in the case of generic agents, $5;
``(II) in the case of formulary agents, $17; and
``(III) in the case of nonformulary agents, $44.
``(ii) With respect to each supply of a prescription
covering not more than 90 days that is obtained by a covered
beneficiary under the national mail-order pharmacy program--
``(I) in the case of generic agents, $0;
``(II) in the case of formulary agents, $13; and
``(III) in the case of nonformulary agents, $43.'';
and
(2) by adding at the end the following new subparagraph:
``(C)(i) <<NOTE: Effective date.>> Beginning October 1, 2013, the
amount of any increase in a cost-sharing amount specified in
subparagraph (A) in a year may not exceed the amount equal to the
percentage of such cost-sharing amount at the time of such increase
equal to the percentage by which retired pay is increased under section
1401a of this title in that year.
``(ii) If the amount of the increase otherwise provided for a year
by clause (i) is less than $1, the increase shall not be made for such
year, but shall be carried over to, and accumulated with, the amount of
the increase for the subsequent year or years and made when the
aggregate amount of increases carried over under this clause for a year
is $1 or more.
``(iii) The provisions of this subparagraph shall not apply to any
increase in cost-sharing amounts described in clause (i) that is made by
the Secretary of Defense on or after October 1, 2022.
The <<NOTE: Effective date.>> Secretary may increase copayments, as
considered appropriate by the Secretary, beginning on October 1,
2022.''.
(b) <<NOTE: 10 USC 1074g note. Applicability.>> Effective Date.--
(1) In general.--The cost-sharing requirements under
subparagraph (A) of section 1074g(a)(6) of title 10, United
States Code, as amended by subsection (a)(1), shall apply with
[[Page 126 STAT. 1803]]
respect to prescriptions obtained under the TRICARE pharmacy
benefits program on or after such date as the Secretary of
Defense shall specify, but not later than the date that is 45
days after the date of the enactment of this Act.
(2) <<NOTE: Notice.>> Federal register.--The Secretary
shall publish notice of the effective date of the cost-sharing
requirements specified under paragraph (1) in the Federal
Register.
SEC. 713. CLARIFICATION OF APPLICABILITY OF CERTAIN AUTHORITY AND
REQUIREMENTS TO SUBCONTRACTORS EMPLOYED TO
PROVIDE HEALTH CARE SERVICES TO THE
DEPARTMENT OF DEFENSE.
(a) Applicability of Federal Tort Claims Act to Subcontractors.--
Section 1089(a) of title 10, United States Code, is amended in the last
sentence--
(1) by striking ``if the physician, dentist, nurse,
pharmacist, or paramedical'' and inserting ``to such a
physician, dentist, nurse, pharmacist, or paramedical'';
(2) by striking ``involved is''; and
(3) by inserting before the period at the end the following:
``or a subcontract at any tier under such a contract that is
authorized in accordance with the requirements of such section
1091''.
(b) Applicability of Personal Services Contracting Authority to
Subcontractors.--Section 1091(c) of such title is amended by adding at
the end the following new paragraph:
``(3) The procedures established under paragraph (1) may provide for
a contracting officer to authorize a contractor to enter into a
subcontract for personal services on behalf of the agency upon a
determination that the subcontract is--
``(A) consistent with the requirements of this section and
the procedures established under paragraph (1); and
``(B) in the best interests of the agency.''.
SEC. 714. EXPANSION OF EVALUATION OF THE EFFECTIVENESS OF THE
TRICARE PROGRAM.
Section 717(a)(1) of the National Defense Authorization Act for
Fiscal Year 1996 (Public Law 104-106; 110 Stat. 376; 10 U.S.C. 1073
note) is amended by striking ``military retirees'' and inserting
``members of the Armed Forces (whether in the regular or reserve
components) and their dependents, military retirees and their
dependents, and dependents of members on active duty with severe
disabilities and chronic health care needs''.
SEC. 715. <<NOTE: 10 USC 401 note.>> REQUIREMENT TO ENSURE THE
EFFECTIVENESS AND EFFICIENCY OF HEALTH
ENGAGEMENTS.
(a) <<NOTE: Process.>> In General.--The Secretary of Defense, in
coordination with the Under Secretary of Defense for Policy and the
Assistant Secretary of Defense for Health Affairs, shall develop a
process to ensure that health engagements conducted by the Department of
Defense are effective and efficient in meeting the national security
goals of the United States.
(b) Process Goals.--The Assistant Secretary of Defense for Health
Affairs shall ensure that each process developed under subsection (a)--
(1) assesses the operational mission capabilities of the
health engagement;
[[Page 126 STAT. 1804]]
(2) uses the collective expertise of the Federal Government
and non-governmental organizations to ensure collaboration and
partnering activities; and
(3) assesses the stability and resiliency of the host nation
of such engagement.
(c) Assessment Tool.--The Assistant Secretary of Defense for Health
Affairs may establish a measure of effectiveness learning tool to assess
the process developed under subsection (a) to ensure the applicability
of the process to health engagements conducted by the Department of
Defense.
(d) Health Engagement Defined.--In this section, the term ``health
engagement'' means a health stability operation conducted by the
Department of Defense outside the United States in coordination with a
foreign government or international organization to establish,
reconstitute, or maintain the health sector of a foreign country.
SEC. 716. <<NOTE: 10 USC 1074g note.>> PILOT PROGRAM FOR REFILLS
OF MAINTENANCE MEDICATIONS FOR TRICARE FOR
LIFE BENEFICIARIES THROUGH THE TRICARE
MAIL-ORDER PHARMACY PROGRAM.
(a) In General.--The Secretary of Defense shall conduct a pilot
program to refill prescription maintenance medications for each TRICARE
for Life beneficiary through the national mail-order pharmacy program
under section 1074g(a)(2)(E)(iii) of title 10, United States Code.
(b) Medications Covered.--
(1) Determination.--The Secretary shall determine the
prescription maintenance medications included in the pilot
program under subsection (a).
(2) Supply.--In carrying out the pilot program under
subsection (a), the Secretary shall ensure that the medications
included in the program are generally available to a TRICARE for
Life beneficiary--
(A) for an initial filling of a 30-day or less
supply through--
(i) retail pharmacies under clause (ii) of
section 1074g(a)(2)(E) of title 10, United States
Code; and
(ii) facilities of the uniformed services
under clause (i) of such section; and
(B) for a refill of such medications through--
(i) the national mail-order pharmacy program;
and
(ii) such facilities of the uniformed
services.
(3) Exemption.-- The Secretary may exempt the following
prescription maintenance medications from the requirements in
paragraph (2):
(A) Such medications that are for acute care needs.
(B) Such other medications as the Secretary
determines appropriate.
(c) Nonparticipation.--
(1) <<NOTE: Time period.>> Opt out.--The Secretary shall
give TRICARE for Life beneficiaries who have been covered by the
pilot program under subsection (a) for a period of one year an
opportunity to opt out of continuing to participate in the
program.
(2) Waiver.--The Secretary may waive the requirement of a
TRICARE for Life beneficiary to participate in the pilot program
under subsection (a) if the Secretary determines, on an
individual basis, that such waiver is appropriate.
[[Page 126 STAT. 1805]]
(d) Regulations.--The Secretary shall prescribe regulations to carry
out the pilot program under subsection (a), including regulations with
respect to--
(1) the prescription maintenance medications included in the
pilot program pursuant to subsection (b)(1); and
(2) addressing instances where a TRICARE for Life
beneficiary covered by the pilot program attempts to refill such
medications at a retail pharmacy rather than through the
national mail-order pharmacy program or a facility of the
uniformed services.
(e) Reports.--Not later than March 31 of each year beginning in 2014
and ending in 2018, the Secretary shall submit to the congressional
defense committees a report on the pilot program under subsection (a),
including the effects of offering incentives for the use of mail order
pharmacies by TRICARE beneficiaries and the effect on retail pharmacies.
(f) Sunset.--The Secretary may not carry out the pilot program under
subsection (a) after December 31, 2017.
(g) TRICARE for Life Beneficiary Defined.--In this section, the term
``TRICARE for Life beneficiary'' means a TRICARE beneficiary enrolled in
the Medicare wraparound coverage option of the TRICARE program made
available to the beneficiary by reason of section 1086(d) of title 10,
United States Code.
Subtitle C--Mental Health Care and Veterans Matters
SEC. 723. <<NOTE: 10 USC 1074f note.>> SHARING BETWEEN DEPARTMENT
OF DEFENSE AND DEPARTMENT OF VETERANS
AFFAIRS OF RECORDS AND INFORMATION
RETAINED UNDER THE MEDICAL TRACKING SYSTEM
FOR MEMBERS OF THE ARMED FORCES DEPLOYED
OVERSEAS.
(a) <<NOTE: Memorandum.>> In General.--The Secretary of Defense and
the Secretary of Veterans Affairs shall jointly enter into a memorandum
of understanding providing for the sharing by the Department of Defense
with the Department of Veterans Affairs of the results of examinations
and other records on members of the Armed Forces that are retained and
maintained with respect to the medical tracking system for members
deployed overseas under section 1074f(c) of title 10, United States
Code.
(b) Cessation Upon Implementation of Electronic Health Record.--The
sharing required pursuant to subsection (a) shall cease on the date on
which the Secretary of Defense and the Secretary of Veterans Affairs
jointly certify to Congress that the Secretaries have fully implemented
an integrated electronic health record for members of the Armed Forces
that is fully interoperable between the Department of Defense and the
Department of Veterans Affairs.
SEC. 724. <<NOTE: 38 USC 1712A note.>> PARTICIPATION OF MEMBERS
OF THE ARMED FORCES IN PEER SUPPORT
COUNSELING PROGRAMS OF THE DEPARTMENT OF
VETERANS AFFAIRS.
(a) Participation.--
(1) <<NOTE: Memorandum.>> In general.--The Secretary of
Defense and the Secretary of Veterans Affairs shall jointly
enter into a memorandum of understanding providing for members
of the Armed
[[Page 126 STAT. 1806]]
Forces described in subsection (b) to volunteer or be considered
for employment as peer counselors under the following:
(A) The peer support counseling program carried out
by the Secretary of Veterans Affairs under subsection
(j) of section 1720F of title 38, United States Code, as
part of the comprehensive program for suicide prevention
among veterans under subsection (a) of such section.
(B) The peer support counseling program carried out
by the Secretary of Veterans Affairs under section
304(a)(1) of the Caregivers and Veterans Omnibus Health
Services Act of 2010 (Public Law 111-163; 124 Stat.
1150; 38 U.S.C. 1712A note).
(2) Training.--Any member participating in a peer support
counseling program under paragraph (1) shall receive the
training for peer counselors under section 1720F(j)(2) of title
38, United States Code, or section 304(c) of the Caregivers and
Veterans Omnibus Health Services Act of 2010, as applicable,
before performing peer support counseling duties under such
program.
(b) Covered Members.--Members of the Armed Forces described in this
subsection are the following:
(1) Members of the reserve components of the Armed Forces
who are demobilizing after deployment in a theater of combat
operations, including, in particular, members who participated
in combat against the enemy while so deployed.
(2) Members of the regular components of the Armed Forces
separating from active duty who have been deployed in a theater
of combat operations in which such members participated in
combat against the enemy.
SEC. 725. <<NOTE: 10 USC 1071 note.>> RESEARCH AND MEDICAL
PRACTICE ON MENTAL HEALTH CONDITIONS.
(a) Research and Practice.--The Secretary of Defense shall provide
for the translation of research on the diagnosis and treatment of mental
health conditions into policy on medical practices.
(b) Report.--Not later than 180 days after the date of the enactment
of this Act, the Secretary shall submit to the Committees on Armed
Services of the House of Representatives and the Senate a report on the
translation of research into policy as described in subsection (a). The
report shall include the following:
(1) A summary of the efforts of the Department of Defense to
carry out such translation.
(2) A description of any policy established pursuant to
subsection (a).
(3) Additional legislative or administrative actions the
Secretary considers appropriate with respect to such
translation.
SEC. 726. <<NOTE: 38 USC 1712A note.>> TRANSPARENCY IN MENTAL
HEALTH CARE SERVICES PROVIDED BY THE
DEPARTMENT OF VETERANS AFFAIRS.
(a) Measurement of Mental Health Care Services.--
(1) <<NOTE: Deadline.>> In general.--Not later than
December 31, 2013, the Secretary of Veterans Affairs shall
develop and implement a comprehensive set of measures to assess
mental health care services furnished by the Department of
Veterans Affairs.
(2) Elements.--The measures developed and implemented under
paragraph (1) shall provide an accurate and comprehensive
assessment of the following:
[[Page 126 STAT. 1807]]
(A) The timeliness of the furnishing of mental
health care by the Department.
(B) The satisfaction of patients who receive mental
health care services furnished by the Department.
(C) The capacity of the Department to furnish mental
health care.
(D) The availability and furnishing of evidence-
based therapies by the Department.
(b) Guidelines for Staffing Mental Health Care Services.--Not later
than <<NOTE: Deadline.>> December 31, 2013, the Secretary shall develop
and implement guidelines for the staffing of general and specialty
mental health care services, including at community-based outpatient
clinics. Such guidelines shall include productivity standards for
providers of mental health care.
(c) Study Committee.--
(1) <<NOTE: Contracts.>> In general.--The Secretary shall
seek to enter into a contract with the National Academy of
Sciences to create a study committee--
(A) to consult with the Secretary on the Secretary's
development and implementation of the measures and
guidelines required by subsections (a) and (b); and
(B) to conduct an assessment and provide an analysis
and recommendations on the state of Department mental
health services.
(2) Functions.--In entering into the contract described in
paragraph (1), the Secretary shall, with respect to paragraph
(1)(B), include in such contract a provision for the study
committee--
(A) to conduct a comprehensive assessment of
barriers to access to mental health care by veterans who
served in the Armed Forces in Operation Enduring
Freedom, Operation Iraqi Freedom, or Operation New Dawn;
(B) to assess the quality of the mental health care
being provided to such veterans (including the extent to
which veterans are afforded choices with respect to
modes of treatment) through site visits to facilities of
the Veterans Health Administration (including at least
one site visit in each Veterans Integrated Service
Network), evaluating studies of patient outcomes, and
other appropriate means;
(C) to assess whether, and the extent to which,
veterans who served in the Armed Forces in Operation
Enduring Freedom, Operation Iraqi Freedom, or Operation
New Dawn are being offered a full range of necessary
mental health services at Department health care
facilities, including early intervention services for
hazardous drinking, relationship problems, and other
behaviors that create a risk for the development of a
chronic mental health condition;
(D) to conduct surveys or have access to Department-
administered surveys of--
(i) providers of Department mental health
services;
(ii) veterans who served in the Armed Forces
in Operation Enduring Freedom, Operation Iraqi
Freedom, or Operation New Dawn who are receiving
mental health care furnished by the Department;
and
(iii) eligible veterans who served in the
Armed Forces in Operation Enduring Freedom,
Operation
[[Page 126 STAT. 1808]]
Iraqi Freedom, or Operation New Dawn who are not
using Department health care services to assess
those barriers described in subparagraph (A); and
(E) to provide to the Secretary, on the basis of its
assessments as delineated in subparagraphs (A) through
(C), specific, detailed recommendations--
(i) for overcoming barriers, and improving
access, to timely, effective mental health care at
Department health care facilities (or, where
Department facilities cannot provide such care,
through contract arrangements under existing law);
and
(ii) to improve the effectiveness and
efficiency of mental health services furnished by
the Secretary.
(3) Participation by former officials and employees of
veterans health administration.--The Secretary shall ensure that
any contract entered into under paragraph (1) provides for
inclusion on any subcommittee which participates in conducting
the assessments and formulating the recommendations provided for
in paragraph (2) at least one former official of the Veterans
Health Administration and at least two former employees of the
Veterans Health Administration who were providers of mental
health care.
(4) Periodic reports to secretary.--In entering into the
contract described in paragraph (1), the Secretary shall, with
respect to paragraph (1)(A), include in such contract a
provision for the submittal to the Secretary of periodic reports
and provision of other consultation to the Secretary by the
study committee to assist the Secretary in carrying out
subsections (a) and (b).
(5) Reports to congress.--Not later than 30 days after
receiving a report under paragraph (4), the Secretary shall
submit to the Committee on Veterans' Affairs of the Senate and
the Committee on Veterans' Affairs of the House of
Representatives a report on the plans of the Secretary to
implement such recommendations submitted to the Secretary by the
study committee as the Secretary considers appropriate. Such
report shall include a description of each recommendation
submitted to the Secretary that the Secretary does not plan to
carry out and an explanation of why the Secretary does not plan
to carry out such recommendation.
(d) Publication.--
(1) <<NOTE: Public information. Web posting.>> In
general.--The Secretary shall make available to the public on an
Internet website of the Department the following:
(A) The measures and guidelines developed and
implemented under this section.
(B) An assessment of the performance of the
Department using such measures and guidelines.
(2) Quarterly updates.--The Secretary shall update the
measures, guidelines, and assessment made available to the
public under paragraph (1) not less frequently than quarterly.
(e) Semiannual Reports.--
(1) In general.--Not later than June 30, 2013, and not less
frequently than twice each year thereafter, the Secretary shall
submit to the committees of Congress specified in subsection
(c)(5) a report on the Secretary's progress in developing
[[Page 126 STAT. 1809]]
and implementing the measures and guidelines required by this
section.
(2) Elements.--Each report submitted under paragraph (1)
shall include the following:
(A) A description of the development and
implementation of the measures required by subsection
(a) and the guidelines required by subsection (b).
(B) A description of the progress made by the
Secretary in developing and implementing such measures
and guidelines.
(C) An assessment of the mental health care services
furnished by the Department, using the measures
developed and implemented under subsection (a).
(D) An assessment of the effectiveness of the
guidelines developed and implemented under subsection
(b).
(E) Such recommendations for legislative or
administrative action as the Secretary may have to
improve the effectiveness and efficiency of the mental
health care services furnished under laws administered
by the Secretary.
(f) Implementation Report.--
(1) In general.--Not later than 30 days before the date on
which the Secretary begins implementing the measures and
guidelines required by this section, the Secretary shall submit
to the committees of Congress specified in subsection (c)(5) a
report on the Secretary's planned implementation of such
measures and guidelines.
(2) Elements.--The report required by paragraph (1) shall
include the following:
(A) A detailed description of the measures and
guidelines that the Secretary plans to implement under
this section.
(B) A description of the rationale for each measure
and guideline the Secretary plans to implement under
this section.
(C) A discussion of each measure and guideline that
the Secretary considered under this section but chose
not to implement.
(D) The number of current vacancies in mental health
care provider positions in the Department.
(E) An assessment of how many additional positions
are needed to meet current or expected demand for mental
health services furnished by the Department.
SEC. 727. EXPANSION OF VET CENTER PROGRAM TO INCLUDE FURNISHING
COUNSELING TO CERTAIN MEMBERS OF THE ARMED
FORCES AND THEIR FAMILY MEMBERS.
Section 1712A of title 38, United States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) in subparagraph (A), by striking ``Upon
the request'' and all that follows through the
period at the end and inserting ``Upon the request
of any individual referred to in subparagraph (C),
the Secretary shall furnish counseling, including
by furnishing counseling through a Vet Center, to
the individual--
[[Page 126 STAT. 1810]]
``(i) in the case of an individual referred to in clauses
(i) through (iv) of subparagraph (C), to assist the individual
in readjusting to civilian life; and
``(ii) in the case of an individual referred to in clause
(v) of such subparagraph who is a family member of a veteran or
member described in such clause--
``(I) in the case of a member who is deployed in a
theater of combat operations or an area at a time during
which hostilities are occurring in that area, during
such deployment to assist such individual in coping with
such deployment; and
``(II) in the case of a veteran or member who is
readjusting to civilian life, to the degree that
counseling furnished to such individual is found to aid
in the readjustment of such veteran or member to
civilian life.''; and
(ii) by striking subparagraph (B) and
inserting the following new subparagraphs:
``(B) Counseling furnished to an individual under subparagraph (A)
may include a comprehensive individual assessment of the individual's
psychological, social, and other characteristics to ascertain whether--
``(i) in the case of an individual referred to in clauses
(i) through (iv) of subparagraph (C), such individual has
difficulties associated with readjusting to civilian life; and
``(ii) in the case of an individual referred to in clause
(v) of such subparagraph, such individual has difficulties
associated with--
``(I) coping with the deployment of a member
described in subclause (I) of such clause; or
``(II) readjustment to civilian life of a veteran or
member described in subclause (II) of such clause.
``(C) <<NOTE: Applicability.>> Subparagraph (A) applies to the
following individuals:
``(i) Any individual who is a veteran or member of the Armed
Forces, including a member of a reserve component of the Armed
Forces, who served on active duty in a theater of combat
operations or an area at a time during which hostilities
occurred in that area.
``(ii) Any individual who is a veteran or member of the
Armed Forces, including a member of a reserve component of the
Armed Forces, who provided direct emergency medical or mental
health care, or mortuary services to the causalities of combat
operations or hostilities, but who at the time was located
outside the theater of combat operations or area of hostilities.
``(iii) Any individual who is a veteran or member of the
Armed Forces, including a member of a reserve component of the
Armed Forces, who engaged in combat with an enemy of the United
States or against an opposing military force in a theater of
combat operations or an area at a time during which hostilities
occurred in that area by remotely controlling an unmanned aerial
vehicle, notwithstanding whether the physical location of such
veteran or member during such combat was within such theater of
combat operations or area.
``(iv) Any individual who received counseling under this
section before the date of the enactment of the National Defense
Authorization Act for Fiscal Year 2013.
``(v) Any individual who is a family member of any--
[[Page 126 STAT. 1811]]
``(I) member of the Armed Forces, including a member
of a reserve component of the Armed Forces, who is
serving on active duty in a theater of combat operations
or in an area at a time during which hostilities are
occurring in that area; or
``(II) veteran or member of the Armed Forces
described in this subparagraph.'';
(B) by striking paragraph (2);
(C) by redesignating paragraph (3) as paragraph (2);
and
(D) in paragraph (2), as redesignated by
subparagraph (C)--
(i) by striking ``a veteran described in
paragraph (1)(B)(iii)'' and inserting ``an
individual described in paragraph (1)(C)''; and
(ii) by striking ``the veteran a preliminary
general mental health assessment'' and inserting
``the individual a comprehensive individual
assessment as described in paragraph (1)(B)'';
(2) in subsection (b)(1), by striking ``physician or
psychologist'' each place it appears and inserting ``licensed or
certified mental health care provider'';
(3) in subsection (g)--
(A) by amending paragraph (1) to read as follows:
``(1) <<NOTE: Definition.>> The term `Vet Center' means a
facility which is operated by the Department for the provision
of services under this section and which is situated apart from
Department general health care facilities.''; and
(B) by adding at the end the following new
paragraph:
``(3) <<NOTE: Definition.>> The term `family member', with
respect to a veteran or member of the Armed Forces, means an
individual who--
``(A) is a member of the family of the veteran or
member, including--
``(i) a parent;
``(ii) a spouse;
``(iii) a child;
``(iv) a step-family member; and
``(v) an extended family member; or
``(B) lives with the veteran or member but is not a
member of the family of the veteran or member.''; and
(4) by redesignating subsection (g), as amended by paragraph
(3), as subsection (h) and inserting after subsection (f) the
following new subsection (g):
``(g) In carrying out this section and in furtherance of the
Secretary's responsibility to carry out outreach activities under
chapter 63 of this title, the Secretary may provide for and facilitate
the participation of personnel employed by the Secretary to provide
services under this section in recreational programs that are--
``(1) designed to encourage the readjustment of veterans
described in subsection (a)(1)(C); and
``(2) operated by any organization named in or approved
under section 5902 of this title.''.
[[Page 126 STAT. 1812]]
SEC. 728. ORGANIZATION OF THE READJUSTMENT COUNSELING SERVICE IN
THE DEPARTMENT OF VETERANS AFFAIRS.
(a) In General.--Subchapter I of chapter 73 of title 38, United
States Code, is amended by adding at the end the following new section:
``Sec. 7309. <<NOTE: 38 USC 7309.>> Readjustment Counseling
Service
``(a) In General.--There is in the Veterans Health Administration a
Readjustment Counseling Service. The Readjustment Counseling Service
shall provide readjustment counseling and associated services to
individuals in accordance with section 1712A of this title.
``(b) Chief Officer.--(1) The head of the Readjustment Counseling
Service shall be the Chief Officer of the Readjustment Counseling
Service (in this section referred to as the `Chief Officer'), who shall
report directly to the Under Secretary for Health.
``(2) The Chief Officer shall be appointed by the Under Secretary
for Health from among individuals who--
``(A)(i) are psychologists who hold a diploma as a doctorate
in clinical or counseling psychology from an authority approved
by the American Psychological Association and who have
successfully undergone an internship approved by that
association;
``(ii) are holders of a master in social work degree; or
``(iii) hold such other advanced degrees related to mental
health as the Secretary considers appropriate;
``(B) have at least three years of experience providing
direct counseling services or outreach services in the
Readjustment Counseling Service;
``(C) have at least three years of experience administrating
direct counseling services or outreach services in the
Readjustment Counseling Service;
``(D) meet the quality standards and requirements of the
Department; and
``(E) are veterans who served in combat as members of the
Armed Forces.
``(c) Structure.--(1) The Readjustment Counseling Service is a
distinct organizational element within Veterans Health Administration.
``(2) The Readjustment Counseling Service shall provide counseling
and services as described in subsection (a).
``(3) The Chief Officer shall have direct authority over all
Readjustment Counseling Service staff and assets, including Vet Centers.
``(d) Source of Funds.--(1) Amounts for the activities of the
Readjustment Counseling Service, including the operations of its Vet
Centers, shall be derived from amounts appropriated for the Veterans
Health Administration for medical care.
``(2) Amounts for activities of the Readjustment Counseling Service,
including the operations of its Vet Centers, shall not be allocated
through the Veterans Equitable Resource Allocation system.
``(3) In each budget request submitted for the Department of
Veterans Affairs by the President to Congress under section 1105 of
title 31, the budget request for the Readjustment Counseling Service
shall be listed separately.
[[Page 126 STAT. 1813]]
``(e) Annual Report.--(1) Not later than March 15 of each year, the
Secretary shall submit to the Committee on Veterans' Affairs of the
Senate and the Committee on Veterans' Affairs of the House of
Representatives a report on the activities of the Readjustment
Counseling Service during the preceding calendar year.
``(2) Each report submitted under paragraph (1) shall include, with
respect to the period covered by the report, the following:
``(A) A summary of the activities of the Readjustment
Counseling Service, including Vet Centers.
``(B) A description of the workload and additional treatment
capacity of the Vet Centers, including, for each Vet Center, the
ratio of the number of full-time equivalent employees at such
Vet Center and the number of individuals who received services
or assistance at such Vet Center.
``(C) A detailed analysis of demand for and unmet need for
readjustment counseling services and the Secretary's plan for
meeting such unmet need.
``(f) Vet Center Defined.--In this section, the term `Vet Center'
has the meaning given the term in section 1712A(h)(1) of this title.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 73 of such title is <<NOTE: 38 USC prec. 7301.>> amended by
inserting after the item relating to section 7308 the following new
item:
``7309. Readjustment Counseling Service.''.
(c) Conforming Amendments.--Section 7305 of such title is amended--
(1) by redesignating paragraph (7) as paragraph (8); and
(2) by inserting after paragraph (6) the following new
paragraph (7):
``(7) A Readjustment Counseling Service.''.
SEC. 729. <<NOTE: 38 USC 7405 note.>> RECRUITMENT OF MENTAL
HEALTH PROVIDERS FOR FURNISHING MENTAL
HEALTH SERVICES ON BEHALF OF THE
DEPARTMENT OF VETERANS AFFAIRS WITHOUT
COMPENSATION FROM THE DEPARTMENT.
(a) In General.--The Secretary of Veterans Affairs shall carry out a
national program of outreach to societies, community organizations,
nonprofit organizations, and government entities in order to recruit
mental health providers who meet the quality standards and requirements
of the Department of Veterans Affairs to provide mental health services
for the Department on a part-time, without-compensation basis, under
section 7405 of title 38, United States Code.
(b) Partnering With and Developing Community Entities and Nonprofit
Organizations.--In carrying out the program required by subsection (a),
the Secretary may partner with a community entity or nonprofit
organization or assist in the development of a community entity or
nonprofit organization, including by entering into an agreement under
section 8153 of title 38, United States Code, that provides strategic
coordination of the societies, organizations, and government entities
described in subsection (a) in order to maximize the availability and
efficient delivery of mental health services to veterans by such
societies, organizations, and government entities.
[[Page 126 STAT. 1814]]
(c) Military Culture Training.--In carrying out the program required
by subsection (a), the Secretary shall provide training to mental health
providers to ensure that clinicians who provide mental health services
as described in such subsection have sufficient understanding of
military-specific and service-specific culture, combat experience, and
other factors that are unique to the experience of veterans who served
in Operation Enduring Freedom, Operating Iraqi Freedom, or Operation New
Dawn.
SEC. 730. PEER SUPPORT.
(a) Peer Support Counseling Program.--
(1) Program required.--Paragraph (1) of section 1720F(j) of
title 38, United States Code, is amended in the matter preceding
subparagraph (A) by striking ``may'' and inserting ``shall''.
(2) Training.--Paragraph (2) of such section is amended by
inserting after ``peer counselors'' the following: ``, including
training carried out under the national program of training
required by section 304(c) of the Caregivers and Veterans
Omnibus Health Services Act of 2010 (38 U.S.C. 1712A note)''.
(3) Availability of program at department medical centers.--
Such section is amended by adding at the end the following new
paragraph:
``(3) In addition to other locations the Secretary considers
appropriate, the Secretary shall carry out the peer support program
under this subsection at each Department medical center.''.
(4) <<NOTE: 38 USC 1720F note.>> Deadline for commencement
of program.--The Secretary of Veterans Affairs shall ensure that
the peer support counseling program required by section 1720F(j)
of title 38, United States Code, as amended by this subsection,
commences at each Department of Veterans Affairs medical center
not later than 270 days after the date of the enactment of this
Act.
(b) Peer Outreach and Peer Support Services at Department Medical
Centers Under Program on Readjustment and Mental Health Care Services
for Veterans Who Served in Operation Enduring Freedom and Operation
Iraqi Freedom.--
(1) In general.--Section 304 of the Caregivers and Veterans
Omnibus Health Services Act of 2010 (Public Law 111-163; 38
U.S.C. 1712A note) is amended--
(A) by redesignating subsection (e) as subsection
(f); and
(B) by inserting after subsection (d) the following
new subsection (e):
``(e) Provision of Peer Outreach and Peer Support Services at
Department Medical Centers.--The Secretary shall carry out the services
required by subparagraphs (A) and (B) of subsection (a)(1) at each
Department medical center.''.
(2) <<NOTE: 38 USC 1712A note.>> Deadline.--The Secretary
of Veterans Affairs shall commence carrying out the services
required by subparagraphs (A) and (B) of subsection (a)(1) of
such section at each Department of Veterans Affairs medical
center, as required by subsection (e) of such section (as added
by paragraph (1)), not later than 270 days after the date of the
enactment of this Act.
[[Page 126 STAT. 1815]]
Subtitle D--Reports and Other Matters
SEC. 731. <<NOTE: 10 USC 1071 note.>> PLAN FOR REFORM OF THE
ADMINISTRATION OF THE MILITARY HEALTH
SYSTEM.
(a) Detailed Plan.--In implementing reforms to the governance of the
military health system described in the memorandum of the Deputy
Secretary of Defense dated March 2012, the Secretary of Defense shall
develop a detailed plan to carry out such reform.
(b) Elements.--The plan developed under subsection (a) shall include
the following:
(1) Goals to achieve while carrying out the reform described
in subsection (a), including goals with respect to improving
clinical and business practices, cost reductions, infrastructure
reductions, and personnel reductions, achieved by establishing
the Defense Health Agency, carrying out shared services, and
modifying the governance of the National Capital Region.
(2) Metrics to evaluate the achievement of each goal under
paragraph (1) with respect to the purpose, objective, and
improvements made by each such goal.
(3) The personnel levels required for the Defense Health
Agency and the National Capital Region Medical Directorate.
(4) A detailed schedule to carry out the reform described in
subsection (a), including a schedule for meeting the goals under
paragraph (1).
(5) Detailed information describing the initial operating
capability of the Defense Health Agency.
(6) With respect to each shared service that the Secretary
will implement during fiscal year 2013 or 2014--
(A) a timeline for such implementation; and
(B) a business case analysis detailing--
(i) the services that will be consolidated
into the shared service;
(ii) the purpose of the shared service;
(iii) the scope of the responsibilities and
goals for the shared service;
(iv) the cost of implementing the shared
service, including the costs regarding personnel
severance, relocation, military construction,
information technology, and contractor support;
and
(v) the anticipated cost savings to be
realized by implementing the shared service.
(c) Submission.--The Secretary of Defense shall submit to the
congressional defense committees the plan developed under subsection (a)
as follows:
(1) The contents of the plan described in paragraphs (1) and
(4) of subsection (b) shall be submitted not later than March
31, 2013.
(2) The contents of the plan described in paragraphs (2) and
(3) of subsection (b) and paragraph (6) of such subsection with
respect to shared services implemented during fiscal year 2013
shall be submitted not later than June 30, 2013.
(3) The contents of the plan described in paragraph (6) of
such subsection with respect to shared services implemented
during fiscal year 2014 shall be submitted not later than
September 30, 2013.
(d) Limitations.--
[[Page 126 STAT. 1816]]
(1) First submission.--Of the funds authorized to be
appropriated by this Act or otherwise made available for fiscal
year 2013 for the accounts and activities described in paragraph
(4), not more than 50 percent may be obligated or expended until
the date on which the Secretary of Defense submits to the
congressional defense committees the contents of the plan under
subsection (c)(1).
(2) Second submission.--Of the funds authorized to be
appropriated by this Act or otherwise made available for fiscal
year 2013 for the accounts and activities described in paragraph
(4), not more than 75 percent may be obligated or expended until
the date on which the Secretary of Defense submits to the
congressional defense committees the contents of the plan under
subsection (c)(2).
(3) Comptroller general review.--The Comptroller General of
the United States shall submit to the congressional defense
committees a review of the contents of the plan submitted under
each of paragraphs (1) and (2) to assess whether the Secretary
of Defense meets the requirements of such contents.
(4) Accounts and activities described.--The accounts and
activities described in this paragraph are as follows:
(A) Operation and maintenance, Defense-wide, for the
Office of the Secretary of Defense for travel.
(B) Operation and maintenance, Defense-wide, for the
Office of the Secretary of Defense for management
professional support services.
(C) Operation and maintenance, Defense Health
Program, for travel.
(D) Operation and maintenance, Defense Health
Program, for management professional support services.
(e) Shared Services Defined.--In this section, the term ``shared
services'' means the common services required for each military
department to provide medical support to the Armed Forces and authorized
beneficiaries.
SEC. 732. FUTURE AVAILABILITY OF TRICARE PRIME THROUGHOUT THE
UNITED STATES.
(a) Report Required.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of Defense shall submit
to the Committees on Armed Services of the Senate and the House
of Representatives a report setting forth the policy of the
Department of Defense on the future availability of TRICARE
Prime under the TRICARE program for eligible beneficiaries in
all TRICARE regions throughout the United States.
(2) Elements.--The report required by paragraph (1) shall
include the following:
(A) A description, by region, of the difference in
availability of TRICARE Prime for eligible beneficiaries
(other than eligible beneficiaries on active duty in the
Armed Forces) under newly awarded TRICARE managed care
contracts, including, in particular, an identification
of the regions or areas in which TRICARE Prime will no
longer be available for such beneficiaries under such
contracts.
[[Page 126 STAT. 1817]]
(B) An estimate of the increased costs to be
incurred by an affected eligible beneficiary for health
care under the TRICARE program.
(C) An estimate of the savings to be achieved by the
Department as a result of the contracts described in
subparagraph (A).
(D) A description of the plans of the Department to
continue to assess the impact on access to health care
for affected eligible beneficiaries.
(E) A description of the plan of the Department to
provide assistance to affected eligible beneficiaries
who are transitioning from TRICARE Prime to TRICARE
Standard, including assistance with respect to
identifying health care providers.
(F) Any other matter the Secretary considers
appropriate.
(b) Definitions.--In this section:
(1) The term ``affected eligible beneficiary'' means an
eligible beneficiary under the TRICARE Program (other than
eligible beneficiaries on active duty in the Armed Forces) who,
as of the date of the enactment of this Act--
(A) is enrolled in TRICARE Prime; and
(B) resides in a region of the United States in
which TRICARE Prime enrollment will no longer be
available for such beneficiary under a contract
described in subsection (a)(2)(A) that does not allow
for such enrollment because of the location in which
such beneficiary resides.
(2) The term ``TRICARE Prime'' means the managed care option
of the TRICARE program.
(3) The term ``TRICARE program'' has the meaning given that
term in section 1072(7) of title 10, United States Code.
(4) The term ``TRICARE Standard'' means the fee-for-service
option of the TRICARE Program.
SEC. 733. EXTENSION OF COMPTROLLER GENERAL REPORT ON CONTRACT
HEALTH CARE STAFFING FOR MILITARY MEDICAL
TREATMENT FACILITIES.
Section 726(a) of the National Defense Authorization Act for Fiscal
Year 2012 (Public Law 112-81; 125 Stat. 1480) is amended by striking
``March 31, 2012'' and inserting ``March 31, 2013''.
SEC. 734. EXTENSION OF COMPTROLLER GENERAL REPORT ON WOMEN-
SPECIFIC HEALTH SERVICES AND TREATMENT FOR
FEMALE MEMBERS OF THE ARMED FORCES.
Section 725(c) of the National Defense Authorization Act for Fiscal
Year 2012 (Public Law 112-81; 125 Stat. 1480) is amended by striking
``December 31, 2012'' and inserting ``March 31, 2013''.
SEC. 735. STUDY ON HEALTH CARE AND RELATED SUPPORT FOR CHILDREN OF
MEMBERS OF THE ARMED FORCES.
(a) Study.--The Secretary of Defense shall conduct a study on the
health care and related support provided by the Secretary to dependent
children.
(b) Elements.--The study under subsection (a) shall include the
following:
(1) A comprehensive review of the policies of the Secretary
and the TRICARE program with respect to providing pediatric
care.
[[Page 126 STAT. 1818]]
(2) An assessment of access to pediatric health care by
dependent children in appropriate settings.
(3) An assessment of access to specialty care by dependent
children, including care for children with special health care
needs.
(4) A comprehensive review and analysis of reimbursement
under the TRICARE program for pediatric care.
(5) An assessment of the adequacy of the ECHO Program in
meeting the needs of dependent children with extraordinary
health care needs.
(6) An assessment of the adequacy of care management for
dependent children with special health care needs.
(7) An assessment of the support provided through other
Department of Defense or military department programs and
policies that support the physical and behavorial health of
dependent children, including children with special health care
needs.
(8) Mechanisms for linking dependent children with special
health care needs with State and local community resources,
including children's hospitals and providers of pediatric
specialty care.
(9) Strategies to mitigate the impact of frequent
relocations related to military service on the continuity of
health care services for dependent children, including children
with special health and behavioral health care needs.
(c) Report.--Not later than one year after the date of the enactment
of this Act, the Secretary shall submit to the congressional defense
committees a report on the study under subsection (a), including--
(1) the findings of the study;
(2) a plan to improve and continuously monitor the access of
dependent children to quality health care; and
(3) any recommendations for legislation that the Secretary
considers necessary to maintain the highest quality of health
care for dependent children.
(d) Definitions.--In this section:
(1) The term ``dependent children'' means the children of
members of the Armed Forces who are covered beneficiaries under
chapter 55 of title 10, United States Code.
(2) The term ``ECHO Program'' means the Extended Care Health
Option under subsections (d) through (f) of section 1079 of
title 10, United States Code.
SEC. 736. REPORT ON STRATEGY TO TRANSITION TO USE OF HUMAN-BASED
METHODS FOR CERTAIN MEDICAL TRAINING.
(a) Report.--
(1) In general.--Not later than March 1, 2013, the Secretary
of Defense shall submit to the congressional defense committees
a report that outlines a strategy, including a detailed
timeline, to refine and, when appropriate, transition to using
human-based training methods for the purpose of training members
of the Armed Forces in the treatment of combat trauma injuries.
(2) Elements.--The report under paragraph (1) shall include
the following:
(A) Required research, development, testing, and
evaluation investments to validate human-based training
[[Page 126 STAT. 1819]]
methods to refine, reduce, and, when appropriate,
transition from the use of live animals in medical
education and training.
(B) Phased sustainment and readiness costs to
refine, reduce, and, when appropriate, replace the use
of live animals in medical education and training.
(C) Any risks associated with transitioning to
human-based training methods, including resource
availability, anticipated technological development
timelines, and potential impact on the present combat
trauma training curricula.
(D) An assessment of the potential effect of
transitioning to human-based training methods on the
quality of medical care delivered on the battlefield,
including any reduction in the competency of combat
medical personnel.
(E) An assessment of risks to maintaining the level
of combat life-saver techniques performed by all members
of the Armed Forces.
(b) Definitions.--In this section:
(1) The term ``combat trauma injuries'' means severe
injuries likely to occur during combat, including--
(A) extremity hemorrhage;
(B) tension pneumothorax;
(C) amputation resulting from blast injury;
(D) compromises to the airway; and
(E) other injuries.
(2) The term ``human-based training methods'' means, with
respect to training individuals in medical treatment, the use of
systems and devices that do not use animals, including--
(A) simulators;
(B) partial task trainers;
(C) moulage;
(D) simulated combat environments; and
(E) human cadavers.
(3) The term ``partial task trainers'' means training aids
that allow individuals to learn or practice specific medical
procedures.
SEC. 737. STUDY ON INCIDENCE OF BREAST CANCER AMONG MEMBERS OF THE
ARMED FORCES SERVING ON ACTIVE DUTY.
(a) Study.--The Secretary of Defense shall conduct a study on the
incidence of breast cancer among members of the Armed Forces serving on
active duty.
(b) Elements.--The study under subsection (a) shall include the
following:
(1) A determination of the number of members of the Armed
Forces who served on active duty at any time during the period
from 2000 to 2010 who were diagnosed with breast cancer during
such period.
(2) A determination of demographic information regarding
such members, including race, ethnicity, sex, age, and rank.
(3) An analysis of breast cancer treatments received by such
members and the source of such treatment.
(4) The availability and training of breast cancer
specialists within the military health system.
[[Page 126 STAT. 1820]]
(5) A comparison of the rates of members of the Armed Forces
serving on active duty who have breast cancer to civilian
populations with comparable demographic characteristics.
(6) Identification of potential factors associated with
military service that could increase the risk of breast cancer
for members of the Armed Forces serving on active duty.
(7) A description of a research agenda to further the
understanding of the Department of Defense of the incidence of
breast cancer among such members.
(8) An assessment of the effectiveness of outreach to
members of the Armed Forces to identify risks of, prevent,
detect, and treat breast cancer.
(9) Recommendations for changes to policy or law that could
improve the prevention, early detection, awareness, and
treatment of breast cancer among members of the Armed Forces
serving on active duty.
(c) Report.--Not later than one year after the date of the enactment
of this Act, the Secretary shall submit to the congressional defense
committees a report on the findings and recommendations of the study
under subsection (a), including a description of any further unique
military research needed with respect to breast cancer.
SEC. 738. <<NOTE: 10 USC 1071 note.>> PERFORMANCE METRICS AND
REPORTS ON WARRIORS IN TRANSITION PROGRAMS
OF THE MILITARY DEPARTMENTS.
(a) <<NOTE: Policy.>> Metrics Required.--The Secretary of Defense
shall establish a policy containing uniform performance outcome
measurements to be used by each Secretary of a military department in
tracking and monitoring members of the Armed Forces in Warriors in
Transition programs.
(b) Elements.--The policy established under subsection (a) shall
identify outcome measurements with respect to the following:
(1) Physical health and behavioral health.
(2) Rehabilitation.
(3) Educational and vocational preparation.
(4) Such other matters as the Secretary considers
appropriate.
(c) Milestones.--In establishing the policy under subsection (a),
the Secretary of Defense shall establish metrics and milestones for
members in Warriors in Transition programs. Such metrics and milestones
shall cover members throughout the course of care and rehabilitation in
Warriors in Transitions programs by applying to the following occasions:
(1) When the member commences participation in the program.
(2) At least once each year the member participates in the
program.
(3) When the member ceases participation in the program or
is transferred to the jurisdiction of the Secretary of Veterans
Affairs.
(d) Cohort Groups and Parameters.--The policy established under
subsection (a)--
(1) may differentiate among cohort groups within the
population of members in Warriors in Transition programs, as
appropriate; and
[[Page 126 STAT. 1821]]
(2) shall include parameters for specific outcome
measurements in each element under subsection (b) and each
metric and milestone under subsection (c).
(e) Reports Required.--
(1) Initial report.--Not later than 180 days after the date
of the enactment of this Act, the Secretary of Defense shall
submit to the congressional defense committees a report on the
policy established under subsection (a), including the outcome
measurements for each element under subsection (b) and each
metric and milestone under subsection (c).
(2) Annual reports.--Not later than February of each year
beginning in 2014 and ending in 2018, the Secretary of Defense
shall submit to the congressional defense committees a report on
the performance of the military departments with respect to the
policy established under subsection (a). Each report shall
include--
(A) an analysis of--
(i) data on improvements in the progress of
members in Warriors in Transition programs in each
specific area identified in the policy;
(ii) access to health and rehabilitation
services by such members, including average
appointment waiting times by specialty;
(iii) effectiveness of the programs in
assisting in the transition of such members to
military duty or civilian life through education
and vocational assistance;
(iv) any differences in outcomes in Warriors
in Transition programs, and the reason for any
such differences; and
(v) the quantities and effectiveness of
medical and nonmedical case managers, legal
support and physical evaluation board liaison
officers, mental health care providers, and
medical evaluation physicians in comparison to the
actual number of members requiring such services;
and
(B) such other results and analyses as the Secretary
considers appropriate, including any recommendations for
legislation if needed.
(f) Warriors in Transition Program Defined.--In this section, the
term ``Warriors in Transition program'' means any major support program
of the Armed Forces for members of the Armed Forces with severe wounds,
illnesses, or injuries that is intended to provide such members with
nonmedical case management service and care coordination services, and
includes the programs as follows:
(1) Warrior Transition Units and the Wounded Warrior Program
of the Army.
(2) The Wounded Warrior Safe Harbor program of the Navy.
(3) The Wounded Warrior Regiment of the Marine Corps.
(4) The Recovery Care Program and the Wounded Warrior
programs of the Air Force.
(5) The Care Coalition of the United States Special
Operations Command.
[[Page 126 STAT. 1822]]
SEC. 739. PLAN TO ELIMINATE GAPS AND REDUNDANCIES IN PROGRAMS OF
THE DEPARTMENT OF DEFENSE ON PSYCHOLOGICAL
HEALTH AND TRAUMATIC BRAIN INJURY.
(a) Sense of Congress.--Congress supports the efforts of the
Secretary of Veterans Affairs and the Secretary of Defense to educate
members of the Armed Forces, veterans, the families of such members and
veterans, the medical community, and the public with respect to the
causes, symptoms, and treatment of post-traumatic stress disorder.
(b) Plan.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall submit
to the Committees on Armed Services of the Senate and the House
of Representatives a plan to improve the coordination and
integration of the programs of the Department of Defense that
address traumatic brain injury and the psychological health of
members of the Armed Forces.
(2) Elements.--The plan under paragraph (1) shall include
the following:
(A) Identification of--
(i) any gaps in services and treatments
provided by the programs of the Department of
Defense that address traumatic brain injury and
the psychological health of members of the Armed
Forces; and
(ii) any unnecessary redundancies in such
programs.
(B) A plan for mitigating the gaps and redundancies
identified under subparagraph (A).
(C) Identification of the official within the
Department who will be responsible for leading the
implementation of the plan described in paragraph (1).
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
Subtitle A--Acquisition Policy and Management
Sec. 801. Treatment of procurements on behalf of the Department of
Defense through the Work for Others program of the Department
of Energy.
Sec. 802. Review and justification of pass-through contracts.
Sec. 803. Availability of amounts in Defense Acquisition Workforce
Development Fund.
Sec. 804. Department of Defense policy on contractor profits.
Sec. 805. Modification of authorities on internal controls for
procurements on behalf of the Department of Defense by
certain nondefense agencies.
Sec. 806. Extension of authority relating to management of supply-chain
risk.
Sec. 807. Sense of Congress on the continuing progress of the Department
of Defense in implementing its Item Unique Identification
Initiative.
Subtitle B--Provisions Relating to Major Defense Acquisition Programs
Sec. 811. Limitation on use of cost-type contracts.
Sec. 812. Estimates of potential termination liability of contracts for
the development or production of major defense acquisition
programs.
Sec. 813. Technical change regarding programs experiencing critical cost
growth due to change in quantity purchased.
Sec. 814. Repeal of requirement to review ongoing programs initiated
before enactment of Milestone B certification and approval
process.
[[Page 126 STAT. 1823]]
Subtitle C--Amendments to General Contracting Authorities, Procedures,
and Limitations
Sec. 821. Modification of time period for congressional notification of
the lease of certain vessels by the Department of Defense.
Sec. 822. Extension of authority for use of simplified acquisition
procedures for certain commercial items.
Sec. 823. Codification and amendment relating to life-cycle management
and product support requirements.
Sec. 824. Codification of requirement relating to Government performance
of critical acquisition functions.
Sec. 825. Competition in acquisition of major subsystems and
subassemblies on major defense acquisition programs.
Sec. 826. Compliance with Berry Amendment required for uniform
components supplied to Afghan military or Afghan National
Police.
Sec. 827. Enhancement of whistleblower protections for contractor
employees.
Sec. 828. Pilot program for enhancement of contractor employee
whistleblower protections.
Sec. 829. Extension of contractor conflict of interest limitations.
Sec. 830. Repeal of sunset for certain protests of task and delivery
order contracts.
Sec. 831. Guidance and training related to evaluating reasonableness of
price.
Sec. 832. Department of Defense access to, use of, and safeguards and
protections for contractor internal audit reports.
Sec. 833. Contractor responsibilities in regulations relating to
detection and avoidance of counterfeit electronic parts.
Subtitle D--Provisions Relating to Contracts in Support of Contingency
Operations
Sec. 841. Extension and expansion of authority to acquire products and
services produced in countries along a major route of supply
to Afghanistan.
Sec. 842. Limitation on authority to acquire products and services
produced in Afghanistan.
Sec. 843. Responsibility within Department of Defense for operational
contract support.
Sec. 844. Data collection on contract support for future overseas
contingency operations involving combat operations.
Sec. 845. Inclusion of operational contract support in certain
requirements for Department of Defense planning, joint
professional military education, and management structure.
Sec. 846. Requirements for risk assessments related to contractor
performance.
Sec. 847. Extension and modification of reports on contracting in Iraq
and Afghanistan.
Sec. 848. Responsibilities of inspectors general for overseas
contingency operations.
Sec. 849. Oversight of contracts and contracting activities for overseas
contingency operations in responsibilities of Chief
Acquisition Officers of Federal agencies.
Sec. 850. Reports on responsibility within Department of State and the
United States Agency for International Development for
contract support for overseas contingency operations.
Sec. 851. Database on price trends of items and services under Federal
contracts.
Sec. 852. Information on corporate contractor performance and integrity
through the Federal Awardee Performance and Integrity
Information System.
Sec. 853. Inclusion of data on contractor performance in past
performance databases for executive agency source selection
decisions.
Subtitle E--Other Matters
Sec. 861. Requirements and limitations for suspension and debarment
officials of the Department of Defense, the Department of
State, and the United States Agency for International
Development.
Sec. 862. Uniform contract writing system requirements.
Sec. 863. Extension of other transaction authority.
Sec. 864. Report on allowable costs of compensation of contractor
employees.
Sec. 865. Reports on use of indemnification agreements.
Sec. 866. Plan to increase number of contractors eligible for contracts
under Air Force NETCENTS-2 contract.
Sec. 867. Inclusion of information on prevalent grounds for sustaining
bid protests in annual protest report by Comptroller General
to Congress.
[[Page 126 STAT. 1824]]
Subtitle A--Acquisition Policy and Management
SEC. 801. TREATMENT OF PROCUREMENTS ON BEHALF OF THE DEPARTMENT OF
DEFENSE THROUGH THE WORK FOR OTHERS
PROGRAM OF THE DEPARTMENT OF ENERGY.
(a) In General.--Subsection (d) of section 801 of the National
Defense Authorization Act for Fiscal Year 2008 (10 U.S.C. 2304 note) is
amended--
(1) in the subsection heading, by striking ``defense'' and
inserting ``applicable'';
(2) by redesignating paragraphs (1) and (2) as subparagraphs
(A) and (B), respectively;
(3) by striking ``For the purposes'' and inserting ``(1)
Except as provided in paragraph (2), for the purposes'';
(4) in paragraph (1), as designated by paragraph (3) of this
subsection, by striking ``defense procurement'' and inserting
``applicable procurement''; and
(5) by adding at the end the following new paragraph (2):
``(2) In the case of the procurement of property or services on
behalf of the Department of Defense through the Work for Others program
of the Department of Energy, the laws and regulations applicable under
paragraph (1)(B) are the Department of Energy Acquisition Regulations,
pertinent interagency agreements, and Department of Defense and
Department of Energy policies related to the Work for Others program.''.
(b) Conforming Amendments.--Such section is further amended by
striking ``defense procurement'' and inserting ``applicable
procurement'' each place it appears as follows:
(1) Subsection (a)(1)(B).
(2) Subsection (a)(4) (as redesignated by section
805(a)(3)).
(3) Subsection (a)(4)(A) (as redesignated by section
805(a)(3)).
(4) Subsection (b)(1)(A).
(5) Subsection (b)(1)(B)(ii).
(6) Subsection (c)(2)(F).
SEC. 802. <<NOTE: 10 USC 2304 note.>> REVIEW AND JUSTIFICATION OF
PASS-THROUGH CONTRACTS.
Not <<NOTE: Deadline.>> later than 180 days after the date of the
enactment of this Act, the Secretary of Defense, the Secretary of State,
and the Administrator of the United States Agency for International
Development shall issue such guidance and regulations as may be
necessary to ensure that in any case in which an offeror for a contract
or a task or delivery order informs the agency pursuant to section
52.215-22 of the Federal Acquisition Regulation that the offeror intends
to award subcontracts for more than 70 percent of the total cost of work
to be performed under the contract, task order, or delivery order, the
contracting officer for the contract is required to--
(1) consider the availability of alternative contract
vehicles and the feasibility of contracting directly with a
subcontractor or subcontractors that will perform the bulk of
the work;
[[Page 126 STAT. 1825]]
(2) <<NOTE: Determination.>> make a written determination
that the contracting approach selected is in the best interest
of the Government; and
(3) document the basis for such determination.
SEC. 803. AVAILABILITY OF AMOUNTS IN DEFENSE ACQUISITION WORKFORCE
DEVELOPMENT FUND.
(a) In General.--Section 1705 of title 10, United States Code, is
amended--
(1) in subsection (d)(2)(C), by striking clauses (i) through
(vi) and inserting the following:
``(i) For fiscal year 2013, $500,000,000.
``(ii) For fiscal year 2014, $800,000,000.
``(iii) For fiscal year 2015, $700,000,000.
``(iv) For fiscal year 2016, $600,000,000.
``(v) For fiscal year 2017, $500,000,000.
``(vi) For fiscal year 2018, $400,000,000.'';
(2) in subsection (e)--
(A) in paragraph (1), by adding at the end the
following new sentence: ``In the case of temporary
members of the acquisition workforce designated pursuant
to subsection (h)(2), such funds shall be available only
for the limited purpose of providing training in the
performance of acquisition-related functions and
duties.''; and
(B) in paragraph (5), by inserting before the period
at the end the following: ``, and who has continued in
the employment of the Department since such time without
a break in such employment of more than a year'';
(3) by striking subsection (g);
(4) by redesignating subsection (h) as subsection (g); and
(5) by adding at the end the following new subsection (h):
``(h) Acquisition Workforce Defined.--In this section, the term
`acquisition workforce' means the following:
``(1) Personnel in positions designated under section 1721
of this title as acquisition positions for purposes of this
chapter.
``(2) Other military personnel or civilian employees of the
Department of Defense who--
``(A) contribute significantly to the acquisition
process by virtue of their assigned duties; and
``(B) are designated as temporary members of the
acquisition workforce by the Under Secretary of Defense
for Acquisition, Technology, and Logistics, or by the
senior acquisition executive of a military department,
for the limited purpose of receiving training for the
performance of acquisition-related functions and
duties.''.
(b) Extension of Expedited Hiring Authority.--Subsection (g) of such
section, as redesignated by subsection (a)(4) of this section, is
further amended in paragraph (2) by striking ``September 30, 2015'' and
inserting ``September 30, 2017''.
(c) <<NOTE: Deadline. 10 USC 1705 note.>> Plan Required.--Not later
than 180 days after the date of the enactment of this Act, the Under
Secretary of Defense for Acquisition, Technology, and Logistics shall
develop a plan for the implementation of the authority provided by the
amendments made by subsection (a) with regard to temporary members of
the defense acquisition workforce. The plan shall include policy,
criteria, and
[[Page 126 STAT. 1826]]
processes for designating temporary members and appropriate safeguards
to prevent the abuse of such authority.
SEC. 804. <<NOTE: 10 USC 2302 note.>> DEPARTMENT OF DEFENSE
POLICY ON CONTRACTOR PROFITS.
(a) Review of Guidelines on Profits.--The Secretary of Defense shall
review the profit guidelines in the Department of Defense Supplement to
the Federal Acquisition Regulation in order to identify any
modifications to such guidelines that are necessary to ensure an
appropriate link between contractor profit and contractor performance.
In conducting the review, the Secretary shall obtain the views of
experts and interested parties in Government and the private sector.
(b) Matters To Be Considered.--In conducting the review required by
subsection (a), the Secretary shall consider, at a minimum, the
following:
(1) Appropriate levels of profit needed to sustain
competition in the defense industry, taking into account
contractor investment and cash flow.
(2) Appropriate adjustments to address contract and
performance risk assumed by the contractor, taking into account
the extent to which such risk is passed on to subcontractors.
(3) Appropriate incentives for superior performance in
delivering quality products and services in a timely and cost-
effective manner, taking into account such factors as prime
contractor cost reduction, control of overhead costs,
subcontractor cost reduction, subcontractor management, and
effective competition (including the use of small business) at
the subcontract level.
(c) <<NOTE: Deadline.>> Modification of Guidelines.--Not later than
180 days after the date of the enactment of this Act, the Secretary
shall modify the profit guidelines described in subsection (a) to make
such changes as the Secretary determines to be appropriate based on the
review conducted pursuant to that subsection.
SEC. 805. MODIFICATION OF AUTHORITIES ON INTERNAL CONTROLS FOR
PROCUREMENTS ON BEHALF OF THE DEPARTMENT
OF DEFENSE BY CERTAIN NONDEFENSE AGENCIES.
(a) Discretionary Authority.--Subsection (a) of section 801 of the
National Defense Authorization Act for Fiscal Year 2008 (10 U.S.C. 2304
note) is amended--
(1) in paragraph (1), by striking ``shall, not later than
the date specified in paragraph (2),'' and inserting ``may'';
(2) by striking paragraph (2);
(3) by redesignating paragraphs (3) through (6) as
paragraphs (2) through (5), respectively;
(4) in paragraph (3), as redesignated by paragraph (3) of
this subsection--
(A) by striking ``required under this subsection''
and inserting ``to be performed under this subsection'';
and
(B) by striking ``shall'' and inserting ``may''; and
(5) in paragraph (4), as so redesignated, by striking
``shall'' and inserting ``may''.
(b) Conforming Amendments.--Subsection (b)(1)(B) of such section is
amended--
(1) in clause (i), by striking ``required by subsection
(a)(4)'' and inserting ``to be entered into under subsection
(a)(3)''; and
[[Page 126 STAT. 1827]]
(2) in clause (ii)--
(A) by striking ``required by subsection (a)'' and
inserting ``provided for under subsection (a)''; and
(B) by striking ``subsection (a)(5)'' and inserting
``subsection (a)(4)''.
SEC. 806. EXTENSION OF AUTHORITY RELATING TO MANAGEMENT OF SUPPLY-
CHAIN RISK.
(a) Extension.--Section 806(g) of the Ike Skelton National Defense
Authorization Act for Fiscal Year 2011 (Public Law 111-383; 124 Stat.
4262; 10 U.S.C. 2304 note) is amended by striking ``the date that is
three years after the date of the enactment of this Act'' and inserting
``September 30, 2018''.
(b) Verification of Effective Implementation.--Section 806 of such
Act is further amended by adding at the end the following new
subsection:
``(h) Verification of Effective Implementation.--
``(1) Criteria and data collection to measure
effectiveness.--The Secretary of Defense shall--
``(A) establish criteria for measuring the
effectiveness of the authority provided by this section;
and
``(B) collect data to evaluate the implementation of
this section using such criteria.
``(2) Reports.--The Secretary shall submit to the
appropriate congressional committees--
``(A) not later than March 1, 2013, a report on the
criteria established under paragraph (1)(A); and
``(B) not later than January 1, 2017, a report on
the effectiveness of the implementation of this section,
based on data collected under paragraph (1)(B).''.
(c) Technical Amendment.--Section 806(f)(2) of such Act is amended
by striking ``that awarded'' and inserting ``that are awarded''.
SEC. 807. SENSE OF CONGRESS ON THE CONTINUING PROGRESS OF THE
DEPARTMENT OF DEFENSE IN IMPLEMENTING ITS
ITEM UNIQUE IDENTIFICATION INITIATIVE.
(a) Findings.--Congress makes the following findings:
(1) In 2003, the Department of Defense initiated the Item
Unique Identification (IUID) Initiative, which requires the
marking and tracking of assets deployed throughout the Armed
Forces or in the possession of Department contractors.
(2) The Initiative has the potential for realizing
significant cost savings and improving the management of defense
equipment and supplies throughout their lifecycle.
(3) The Initiative can help the Department combat the
growing problem of counterfeit parts in the military supply
chain.
(b) Sense of Congress.--It is the sense of Congress--
(1) to support efforts by the Department of Defense to
implement the Item Unique Identification Initiative;
(2) to support measures to verify contractor compliance with
section 252.211-7003 (entitled ``Item Identification and
Valuation'') of the Defense Supplement to the Federal
Acquisition Regulation, on Unique Identification, which states
that a unique identification equivalent recognized by the
Department is required for certain acquisitions;
[[Page 126 STAT. 1828]]
(3) to encourage the Armed Forces to adopt and implement
Item Unique Identification actions and milestones; and
(4) to support investment of sufficient resources and
continued training and leadership to enable the Department to
capture meaningful data and optimize the benefits of the Item
Unique Identification Initiative.
Subtitle B--Provisions Relating to Major Defense Acquisition Programs
SEC. 811. <<NOTE: 10 USC 2430 note.>> LIMITATION ON USE OF COST-
TYPE CONTRACTS.
(a) Prohibition With Respect to Production of Major Defense
Acquisition Programs.--Not later
than <<NOTE: Deadline. Regulations.>> 120 days after the date of the
enactment of this Act, the Secretary of Defense shall modify the
acquisition regulations of the Department of Defense to prohibit the
Department from entering into cost-type contracts for the production of
major defense acquisition programs.
(b) Exception.--
(1) <<NOTE: Certification.>> In general.--The prohibition
under subsection (a) shall not apply in the case of a particular
cost-type contract if the Under Secretary of Defense for
Acquisition, Technology, and Logistics provides written
certification to the congressional defense committees that a
cost-type contract is needed to provide a required capability in
a timely and cost-effective manner.
(2) Scope of exception.--In any case for which the Under
Secretary grants an exception under paragraph (1), the Under
Secretary shall take affirmative steps to make sure that the use
of cost-type pricing is limited to only those line items or
portions of the contract where such pricing is needed to achieve
the purposes of the exception. A written certification under
paragraph (1) shall be accompanied by an explanation of the
steps taken under this paragraph.
(c) Definitions.--In this section:
(1) Major defense acquisition program.--The term ``major
defense acquisition program'' has the meaning given the term in
section 2430(a) of title 10, United States Code.
(2) Production of a major defense acquisition program.--The
term ``production of a major defense acquisition program'' means
the production and deployment of a major system that is intended
to achieve an operational capability that satisfies mission
needs, or any activity otherwise defined as Milestone C under
Department of Defense Instruction 5000.02 or related
authorities.
(3) Contract for the production of a major defense
acquisition program.--The term ``contract for the production of
a major defense acquisition program''--
(A) means a prime contract for the production of a
major defense acquisition program; and
(B) does not include individual line items for
segregable efforts or contracts for the incremental
improvement of systems that are already in production
(other than contracts for major upgrades that are
themselves major defense acquisition programs).
(d) <<NOTE: Effective date.>> Applicability.--The requirements of
this section shall apply to contracts for the production of major
defense acquisition programs entered into on or after October 1, 2014.
[[Page 126 STAT. 1829]]
SEC. 812. ESTIMATES OF POTENTIAL TERMINATION LIABILITY OF
CONTRACTS FOR THE DEVELOPMENT OR
PRODUCTION OF MAJOR DEFENSE ACQUISITION
PROGRAMS.
(a) <<NOTE: Deadline.>> Department of Defense Review.--Not later
than 180 days after the date of the enactment of this Act, the Under
Secretary of Defense for Acquisition, Technology, and Logistics shall
review relevant acquisition guidance and take appropriate actions to
ensure that program managers for major defense acquisition programs are
preparing estimates of potential termination liability for covered
contracts, including how such termination liability is likely to
increase or decrease over the period of performance, and are giving
appropriate consideration to such estimates before making
recommendations on decisions to enter into or terminate such contracts.
(b) Comptroller General of the United States Report.--
(1) <<NOTE: Deadline.>> In general.--Not later than 270
days after the date of the enactment of this Act, the
Comptroller General of the United States shall submit to the
congressional defense committees a report on the extent to which
the Department of Defense is considering potential termination
liability as a factor in entering into and in terminating
covered contracts.
(2) Matters to be addressed.--The report required by
paragraph (1) shall include, at a minimum, an assessment of the
following:
(A) The extent to which the Department of Defense
developed estimates of potential termination liability
for covered contracts entered into before the date of
the enactment of this Act and how such termination
liability was likely to increase or decrease over the
period of performance before making decisions to enter
into or terminate such contracts.
(B) The extent to which the Department considered
estimates of potential termination liability for such
contracts and how such termination liability was likely
to increase or decrease over the period of performance
as a risk factor in deciding whether to enter into or
terminate such contracts.
(c) <<NOTE: Definition.>> Covered Contracts.--For purposes of this
section, a covered contract is a contract for the development or
production of a major defense acquisition program for which potential
termination liability could reasonably be expected to exceed
$100,000,000.
(d) Major Defense Acquisition Program Defined.--In this section, the
term ``major defense acquisition program'' has the meaning given that
term in section 2430(a) of title 10, United States Code.
SEC. 813. TECHNICAL CHANGE REGARDING PROGRAMS EXPERIENCING
CRITICAL COST GROWTH DUE TO CHANGE IN
QUANTITY PURCHASED.
Section 2433a(c)(3)(A) of title 10, United States Code, is amended
by striking ``subparagraphs (B) and (C)'' and inserting ``subparagraphs
(B), (C), and (E)''.
[[Page 126 STAT. 1830]]
SEC. 814. REPEAL OF REQUIREMENT TO REVIEW ONGOING PROGRAMS
INITIATED BEFORE ENACTMENT OF MILESTONE B
CERTIFICATION AND APPROVAL PROCESS.
Subsection (b) of section 205 of the Weapon Systems Acquisition
Reform Act of 2009 (Public Law 111-23; 123 Stat. 1725; 10 U.S.C. 2366b
note) is repealed.
Subtitle C--Amendments to General Contracting Authorities, Procedures,
and Limitations
SEC. 821. MODIFICATION OF TIME PERIOD FOR CONGRESSIONAL
NOTIFICATION OF THE LEASE OF CERTAIN
VESSELS BY THE DEPARTMENT OF DEFENSE.
Section 2401(h)(2) of title 10, United States Code, is amended by
striking ``30 days of continuous session of Congress'' and inserting
``60 days''.
SEC. 822. EXTENSION OF AUTHORITY FOR USE OF SIMPLIFIED ACQUISITION
PROCEDURES FOR CERTAIN COMMERCIAL ITEMS.
(a) <<NOTE: Effective date.>> Extension.--Effective as of January
1, 2012, section 4202 of the Clinger-Cohen Act of 1996 (division D of
Public Law 104-106; 110 Stat. 652; 10 U.S.C. 2304 note) is amended in
subsection (e) by striking ``2012'' and inserting ``2015''.
(b) Technical Amendment to Cross References.--Subsection (e) of such
Act is further amended by striking ``section 303(g)(1) of the Federal
Property and Administrative Services Act of 1949, and section 31(a) of
the Office of Federal Procurement Policy Act, as amended by this
section,'' and inserting ``section 3305(a) of title 41, United States
Code, and section 1901(a) of title 41, United States Code,''.
SEC. 823. CODIFICATION AND AMENDMENT RELATING TO LIFE-CYCLE
MANAGEMENT AND PRODUCT SUPPORT
REQUIREMENTS.
(a) Codification and Amendment.--
(1) In general.--Chapter 137 of title 10, United States
Code, as amended by section 331, is further amended by adding at
the end the following new section:
``Sec. 2337. <<NOTE: 10 USC 2337.>> Life-cycle management and
product support
``(a) Guidance on Life-Cycle Management.--The Secretary of Defense
shall issue and maintain comprehensive guidance on life-cycle management
and the development and implementation of product support strategies for
major weapon systems. The guidance issued pursuant to this subsection
shall--
``(1) maximize competition and make the best possible use of
available Department of Defense and industry resources at the
system, subsystem, and component levels; and
``(2) maximize value to the Department of Defense by
providing the best possible product support outcomes at the
lowest operations and support cost.
``(b) Product Support Managers.--
[[Page 126 STAT. 1831]]
``(1) Requirement.--The Secretary of Defense shall require
that each major weapon system be supported by a product support
manager in accordance with this subsection.
``(2) Responsibilities.--A product support manager for a
major weapon system shall--
``(A) develop and implement a comprehensive product
support strategy for the weapon system;
``(B) use appropriate predictive analysis and
modeling tools that can improve material availability
and reliability, increase operational availability
rates, and reduce operation and sustainment costs;
``(C) conduct appropriate cost analyses to validate
the product support strategy, including cost-benefit
analyses as outlined in Office of Management and Budget
Circular A-94;
``(D) ensure achievement of desired product support
outcomes through development and implementation of
appropriate product support arrangements;
``(E) adjust performance requirements and resource
allocations across product support integrators and
product support providers as necessary to optimize
implementation of the product support strategy;
``(F) periodically review product support
arrangements between the product support integrators and
product support providers to ensure the arrangements are
consistent with the overall product support strategy;
``(G) prior to each change in the product support
strategy or every five years, whichever occurs first,
revalidate any business-case analysis performed in
support of the product support strategy; and
``(H) ensure that the product support strategy
maximizes small business participation at the
appropriate tiers.
``(c) Definitions.--In this section:
``(1) Product support.--The term `product support' means the
package of support functions required to field and maintain the
readiness and operational capability of major weapon systems,
subsystems, and components, including all functions related to
weapon system readiness.
``(2) Product support arrangement.--The term `product
support arrangement' means a contract, task order, or any type
of other contractual arrangement, or any type of agreement or
non-contractual arrangement within the Federal Government, for
the performance of sustainment or logistics support required for
major weapon systems, subsystems, or components. The term
includes arrangements for any of the following:
``(A) Performance-based logistics.
``(B) Sustainment support.
``(C) Contractor logistics support.
``(D) Life-cycle product support.
``(E) Weapon systems product support.
``(3) Product support integrator.--The term `product support
integrator' means an entity within the Federal Government or
outside the Federal Government charged with integrating all
sources of product support, both private and public, defined
within the scope of a product support arrangement.
``(4) Product support provider.--The term `product support
provider' means an entity that provides product support
[[Page 126 STAT. 1832]]
functions. The term includes an entity within the Department of
Defense, an entity within the private sector, or a partnership
between such entities.
``(5) Major weapon system.--The term `major weapon system'
means a major system within the meaning of section 2302d(a) of
this title.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 137 of such title, <<NOTE: 10 USC prec.
2301.>> as so amended, is further amended by adding at the end
the following new item:
``2337. Life-cycle management and product support.''.
(b) Repeal of Superseded Section.--Section 805 of the National
Defense Authorization Act for Fiscal Year 2010 (Public Law 111-84; 10
U.S.C. 2302 note) is repealed.
SEC. 824. CODIFICATION OF REQUIREMENT RELATING TO GOVERNMENT
PERFORMANCE OF CRITICAL ACQUISITION
FUNCTIONS.
(a) Codification.--
(1) In general.--Subchapter I of chapter 87 of title 10,
United States Code, is amended by adding at the end the
following new section:
``Sec. 1706. <<NOTE: 10 USC 1706.>> Government performance of
certain acquisition functions
``(a) Goal.--It shall be the goal of the Department of Defense and
each of the military departments to ensure that, for each major defense
acquisition program and each major automated information system program,
each of the following positions is performed by a properly qualified
member of the armed forces or full-time employee of the Department of
Defense:
``(1) Program executive officer.
``(2) Deputy program executive officer.
``(3) Program manager.
``(4) Deputy program manager.
``(5) Senior contracting official.
``(6) Chief developmental tester.
``(7) Program lead product support manager.
``(8) Program lead systems engineer.
``(9) Program lead cost estimator.
``(10) Program lead contracting officer.
``(11) Program lead business financial manager.
``(12) Program lead production, quality, and manufacturing.
``(13) Program lead information technology.
``(b) Plan of Action.--The Secretary of Defense shall develop and
implement a plan of action for recruiting, training, and ensuring
appropriate career development of military and civilian personnel to
achieve the objective established in subsection (a).
``(c) Definitions.--In this section:
``(1) The term `major defense acquisition program' has the
meaning given such term in section 2430(a) of this title.
``(2) The term `major automated information system program'
has the meaning given such term in section 2445a(a) of this
title.''.
[[Page 126 STAT. 1833]]
(2) Clerical amendment.--The table of sections at the
beginning of such subchapter <<NOTE: 10 USC prec. 1701.>> is
amended by adding at the end the following new item:
``1706. Government performance of certain acquisition functions.''.
(b) Repeal of Superseded Section.--Section 820 of the John Warner
National Defense Authorization Act for Fiscal Year 2007 (Public Law 109-
364; 10 U.S.C. 1701 note) is repealed.
SEC. 825. COMPETITION IN ACQUISITION OF MAJOR SUBSYSTEMS AND
SUBASSEMBLIES ON MAJOR DEFENSE ACQUISITION
PROGRAMS.
Section 202(c) of the Weapon Systems Acquisition Reform Act of 2009
(Public Law 111-23; 123 Stat. 1720; 10 U.S.C. 2430 note) is amended--
(1) in the matter preceding paragraph (1), by striking
``fair and objective `make-buy' decisions by prime contractors''
and inserting ``competition or the option of competition at the
subcontract level'';
(2) by redesignating paragraphs (1), (2), and (3) as
paragraphs (2), (3), and (4), respectively; and
(3) by inserting before paragraph (2), as redesignated by
paragraph (2) of this section, the following new paragraph (1):
``(1) where appropriate, breaking out a major subsystem,
conducting a separate competition for the subsystem, and
providing the subsystem to the prime contractor as Government-
furnished equipment;''.
SEC. 826. <<NOTE: Applicability.>> COMPLIANCE WITH BERRY AMENDMENT
REQUIRED FOR UNIFORM COMPONENTS SUPPLIED
TO AFGHAN MILITARY OR AFGHAN NATIONAL
POLICE.
(a) Requirement.--In the case of any textile components supplied by
the Department of Defense to the Afghan National Army or the Afghan
National Police for purposes of production of uniforms, section 2533a of
title 10, United States Code, shall apply, and no exceptions or
exemptions under that section shall apply.
(b) Effective Date.--This section shall apply to solicitations
issued and contracts awarded for the procurement of such components
after the date of the enactment of this Act.
SEC. 827. ENHANCEMENT OF WHISTLEBLOWER PROTECTIONS FOR CONTRACTOR
EMPLOYEES.
(a) In General.--Subsection (a) of section 2409 of title 10, United
States Code, is amended--
(1) by inserting ``(1)'' before ``An employee'';
(2) in paragraph (1), as so designated--
(A) by inserting ``or subcontractor'' after
``employee of a contractor'';
(B) by striking ``a Member of Congress'' and all
that follows through ``the Department of Justice'' and
inserting ``a person or body described in paragraph
(2)''; and
(C) by striking ``evidence of'' and all that follows
and inserting the following: ``evidence of the
following:
``(A) Gross mismanagement of a Department of Defense
contract or grant, a gross waste of Department funds, an abuse
of authority relating to a Department contract or grant, or a
violation of law, rule, or regulation related to a Department
[[Page 126 STAT. 1834]]
contract (including the competition for or negotiation of a
contract) or grant.
``(B) Gross mismanagement of a National Aeronautics and
Space Administration contract or grant, a gross waste of
Administration funds, an abuse of authority relating to an
Administration contract or grant, or a violation of law, rule,
or regulation related to an Administration contract (including
the competition for or negotiation of a contract) or grant.
``(C) A substantial and specific danger to public health or
safety.''; and
(3) by adding at the end the following new paragraphs:
``(2) The persons and bodies described in this paragraph are the
persons and bodies as follows:
``(A) A Member of Congress or a representative of a
committee of Congress.
``(B) An Inspector General.
``(C) The Government Accountability Office.
``(D) An employee of the Department of Defense or the
National Aeronautics and Space Administration, as applicable,
responsible for contract oversight or management.
``(E) An authorized official of the Department of Justice or
other law enforcement agency.
``(F) A court or grand jury.
``(G) A management official or other employee of the
contractor or subcontractor who has the responsibility to
investigate, discover, or address misconduct.
``(3) For the purposes of paragraph (1)--
``(A) an employee who initiates or provides evidence of
contractor or subcontractor misconduct in any judicial or
administrative proceeding relating to waste, fraud, or abuse on
a Department of Defense or National Aeronautics and Space
Administration contract or grant shall be deemed to have made a
disclosure covered by such paragraph; and
``(B) a reprisal described in paragraph (1) is prohibited
even if it is undertaken at the request of a Department or
Administration official, unless the request takes the form of a
nondiscretionary directive and is within the authority of the
Department or Administration official making the request.''.
(b) Investigation of Complaints.--Subsection (b) of such section is
amended--
(1) in paragraph (1), by inserting ``fails to allege a
violation of the prohibition in subsection (a), or has
previously been addressed in another Federal or State judicial
or administrative proceeding initiated by the complainant,''
after ``is frivolous,'';
(2) in paragraph (2)--
(A) in subparagraph (A), by inserting ``, fails to
allege a violation of the prohibition in subsection (a),
or has previously been addressed in another Federal or
State judicial or administrative proceeding initiated by
the complainant'' after ``is frivolous''; and
(B) in subparagraph (B), by inserting ``, up to 180
days,'' after ``such additional period of time''; and
(3) by adding at the end the following new paragraphs:
``(3) The Inspector General may not respond to any inquiry or
disclose any information from or about any person alleging the reprisal,
except to the extent that such response or disclosure is--
[[Page 126 STAT. 1835]]
``(A) made with the consent of the person alleging the
reprisal;
``(B) made in accordance with the provisions of section 552a
of title 5 or as required by any other applicable Federal law;
or
``(C) necessary to conduct an investigation of the alleged
reprisal.
``(4) A complaint may not be brought under this subsection more than
three years after the date on which the alleged reprisal took place.''.
(c) Remedy and Enforcement Authority.--Subsection (c) of such
section is amended--
(1) in paragraph (1)(B), by striking ``the compensation
(including back pay)'' and inserting ``compensatory damages
(including back pay)'';
(2) in paragraph (2), by adding at the end following new
sentence: ``An action under this paragraph may not be brought
more than two years after the date on which remedies are deemed
to have been exhausted.'';
(3) in paragraph (4), by striking ``and compensatory and
exemplary damages.'' and inserting ``, compensatory and
exemplary damages, and reasonable attorney fees and costs. The
person upon whose behalf an order was issued may also file such
an action or join in an action filed by the head of the
agency.'';
(4) in paragraph (5), by adding at the end the following new
sentence: ``Filing such an appeal shall not act to stay the
enforcement of the order of the head of an agency, unless a stay
is specifically entered by the court.''; and
(5) by adding at the end the following new paragraphs:
``(6) The legal burdens of proof specified in section 1221(e) of
title 5 shall be controlling for the purposes of any investigation
conducted by an Inspector General, decision by the head of an agency, or
judicial or administrative proceeding to determine whether
discrimination prohibited under this section has occurred.
``(7) The rights and remedies provided for in this section may not
be waived by any agreement, policy, form, or condition of employment.''.
(d) Notification of Employees.--Such section is further amended--
(1) by redesignating subsections (d) and (e) as subsections
(f) and (g), respectively; and
(2) by inserting after subsection (c) the following new
subsection (d):
``(d) Notification of Employees.--The Secretary of Defense and the
Administrator of the National Aeronautics and Space Administration shall
ensure that contractors and subcontractors of the Department of Defense
and the National Aeronautics and Space Administration, as applicable,
inform their employees in writing of the rights and remedies provided
under this section, in the predominant native language of the
workforce.''.
(e) Exceptions for Intelligence Community.--Such section is further
amended by inserting after subsection (d), as added by subsection (d)(2)
of this section, the following new subsection (e):
[[Page 126 STAT. 1836]]
``(e) Exceptions.--(1) This section shall not apply to any element
of the intelligence community, as defined in section 3(4) of the
National Security Act of 1947 (50 U.S.C. 401a(4)).
``(2) This section shall not apply to any disclosure made by an
employee of a contractor, subcontractor, or grantee of an element of the
intelligence community if such disclosure--
``(A) relates to an activity of an element of the
intelligence community; or
``(B) was discovered during contract, subcontract, or
grantee services provided to an element of the intelligence
community.''.
(f) Abuse of Authority Defined.--Subsection (g) of such section, as
redesignated by subsection (d)(1) of this section, is further amended by
adding at the end the following new paragraph:
``(6) The term `abuse of authority' means the following:
``(A) An arbitrary and capricious exercise of
authority that is inconsistent with the mission of the
Department of Defense or the successful performance of a
Department contract or grant.
``(B) An arbitrary and capricious exercise of
authority that is inconsistent with the mission of the
National Aeronautics and Space Administration or the
successful performance of an Administration contract or
grant.''.
(g) Allowability of Legal Fees.--Section 2324(k) of such title is
amended--
(1) in paragraph (1), by striking ``commenced by the United
States or a State'' and inserting ``commenced by the United
States, by a State, or by a contractor employee submitting a
complaint under section 2409 of this title''; and
(2) in paragraph (2)(C), by striking ``the imposition of a
monetary penalty'' and inserting ``the imposition of a monetary
penalty or an order to take corrective action under section 2409
of this title''.
(h) <<NOTE: 10 USC 2324 note.>> Construction.--Nothing in this
section, or the amendments made by this section, shall be construed to
provide any rights to disclose classified information not otherwise
provided by law.
(i) <<NOTE: 10 USC 2324 note. Applicability.>> Effective Date.--
(1) In general.--The amendments made by this section shall
take effect on the date that is 180 days after the date of the
enactment of this Act, and shall apply to--
(A) all contracts awarded on or after such date;
(B) all task orders entered on or after such date
pursuant to contracts awarded before, on, or after such
date; and
(C) all contracts awarded before such date that are
modified to include a contract clause providing for the
applicability of such amendments.
(2) <<NOTE: Deadline.>> Revision of supplements to the
far.--Not later than 180 days after the date of the enactment of
this Act, the Department of Defense Supplement to the Federal
Acquisition Regulation and the National Aeronautics and Space
Administration Supplement to the Federal Acquisition Regulation
shall each be revised to implement the requirements arising
under the amendments made by this section.
(3) Inclusion of contract clause in contracts awarded before
effective date.--At the time of any major modification to a
contract that was awarded before the date that is 180
[[Page 126 STAT. 1837]]
days after the date of the enactment of this Act, the head of
the contracting agency shall make best efforts to include in the
contract a contract clause providing for the applicability of
the amendments made by this section to the contract.
SEC. 828. PILOT PROGRAM FOR ENHANCEMENT OF CONTRACTOR EMPLOYEE
WHISTLEBLOWER PROTECTIONS.
(a) Whistleblower Protections.--
(1) In general.--Chapter 47 of title 41, United States Code,
is amended by adding at the end the following new section:
``Sec. 4712. <<NOTE: 41 USC 4712.>> Pilot program for enhancement
of contractor protection from reprisal for
disclosure of certain information
``(a) Prohibition of Reprisals.--
``(1) In general.--An employee of a contractor,
subcontractor, or grantee may not be discharged, demoted, or
otherwise discriminated against as a reprisal for disclosing to
a person or body described in paragraph (2) information that the
employee reasonably believes is evidence of gross mismanagement
of a Federal contract or grant, a gross waste of Federal funds,
an abuse of authority relating to a Federal contract or grant, a
substantial and specific danger to public health or safety, or a
violation of law, rule, or regulation related to a Federal
contract (including the competition for or negotiation of a
contract) or grant.
``(2) Persons and bodies covered.--The persons and bodies
described in this paragraph are the persons and bodies as
follows:
``(A) A Member of Congress or a representative of a
committee of Congress.
``(B) An Inspector General.
``(C) The Government Accountability Office.
``(D) A Federal employee responsible for contract or
grant oversight or management at the relevant agency.
``(E) An authorized official of the Department of
Justice or other law enforcement agency.
``(F) A court or grand jury.
``(G) A management official or other employee of the
contractor, subcontractor, or grantee who has the
responsibility to investigate, discover, or address
misconduct.
``(3) Rules of construction.--For the purposes of paragraph
(1)--
``(A) an employee who initiates or provides evidence
of contractor, subcontractor, or grantee misconduct in
any judicial or administrative proceeding relating to
waste, fraud, or abuse on a Federal contract or grant
shall be deemed to have made a disclosure covered by
such paragraph; and
``(B) a reprisal described in paragraph (1) is
prohibited even if it is undertaken at the request of an
executive branch official, unless the request takes the
form of a non-discretionary directive and is within the
authority of the executive branch official making the
request.
``(b) Investigation of Complaints.--
[[Page 126 STAT. 1838]]
``(1) Submission of complaint.--A person who believes that
the person has been subjected to a reprisal prohibited by
subsection (a) may submit a complaint to the Inspector General
of the executive agency
involved. <<NOTE: Determination. Reports.>> Unless the Inspector
General determines that the complaint is frivolous, fails to
allege a violation of the prohibition in subsection (a), or has
previously been addressed in another Federal or State judicial
or administrative proceeding initiated by the complainant, the
Inspector General shall investigate the complaint and, upon
completion of such investigation, submit a report of the
findings of the investigation to the person, the contractor or
grantee concerned, and the head of the agency.
``(2) Inspector general action.--
``(A) Determination or submission of report on
findings.--Except as provided under subparagraph (B),
the Inspector General shall make a determination that a
complaint is frivolous, fails to allege a violation of
the prohibition in subsection (a), or has previously
been addressed in another Federal or State judicial or
administrative proceeding initiated by the complainant
or submit a report under paragraph (1) within 180 days
after receiving the complaint.
``(B) Extension of time.--If the Inspector General
is unable to complete an investigation in time to submit
a report within the 180-day period specified in
subparagraph (A) and the person submitting the complaint
agrees to an extension of time, the Inspector General
shall submit a report under paragraph (1) within such
additional period of time, up to 180 days, as shall be
agreed upon between the Inspector General and the person
submitting the complaint.
``(3) Prohibition on disclosure.--The Inspector General may
not respond to any inquiry or disclose any information from or
about any person alleging the reprisal, except to the extent
that such response or disclosure is--
``(A) made with the consent of the person alleging
the reprisal;
``(B) made in accordance with the provisions of
section 552a of title 5 or as required by any other
applicable Federal law; or
``(C) necessary to conduct an investigation of the
alleged reprisal.
``(4) Time limitation.--A complaint may not be brought under
this subsection more than three years after the date on which
the alleged reprisal took place.
``(c) Remedy and Enforcement Authority.--
``(1) <<NOTE: Deadline. Determination. Order.>> In
general.--Not later than 30 days after receiving an Inspector
General report pursuant to subsection (b), the head of the
executive agency concerned shall determine whether there is
sufficient basis to conclude that the contractor or grantee
concerned has subjected the complainant to a reprisal prohibited
by subsection (a) and shall either issue an order denying relief
or shall take one or more of the following actions:
``(A) Order the contractor or grantee to take
affirmative action to abate the reprisal.
``(B) Order the contractor or grantee to reinstate
the person to the position that the person held before
the
[[Page 126 STAT. 1839]]
reprisal, together with compensatory damages (including
back pay), employment benefits, and other terms and
conditions of employment that would apply to the person
in that position if the reprisal had not been taken.
``(C) Order the contractor or grantee to pay the
complainant an amount equal to the aggregate amount of
all costs and expenses (including attorneys' fees and
expert witnesses' fees) that were reasonably incurred by
the complainant for, or in connection with, bringing the
complaint regarding the reprisal, as determined by the
head of the executive agency.
``(2) <<NOTE: Deadlines.>> Exhaustion of remedies.--If the
head of an executive agency issues an order denying relief under
paragraph (1) or has not issued an order within 210 days after
the submission of a complaint under subsection (b), or in the
case of an extension of time under paragraph (b)(2)(B), not
later than 30 days after the expiration of the extension of
time, and there is no showing that such delay is due to the bad
faith of the complainant, the complainant shall be deemed to
have exhausted all administrative remedies with respect to the
complaint, and the complainant may bring a de novo action at law
or equity against the contractor or grantee to seek compensatory
damages and other relief available under this section in the
appropriate district court of the United States, which shall
have jurisdiction over such an action without regard to the
amount in controversy. Such an action shall, at the request of
either party to the action, be tried by the court with a jury.
An action under this paragraph may not be brought more than two
years after the date on which remedies are deemed to have been
exhausted.
``(3) Admissibility of evidence.--An Inspector General
determination and an agency head order denying relief under
paragraph (2) shall be admissible in evidence in any de novo
action at law or equity brought pursuant to this subsection.
``(4) Enforcement of orders.--Whenever a person fails to
comply with an order issued under paragraph (1), the head of the
executive agency concerned shall file an action for enforcement
of such order in the United States district court for a district
in which the reprisal was found to have occurred. In any action
brought under this paragraph, the court may grant appropriate
relief, including injunctive relief, compensatory and exemplary
damages, and attorney fees and costs. The person upon whose
behalf an order was issued may also file such an action or join
in an action filed by the head of the executive agency.
``(5) Judicial review.--Any person adversely affected or
aggrieved by an order issued under paragraph (1) may obtain
review of the order's conformance with this subsection, and any
regulations issued to carry out this section, in the United
States court of appeals for a circuit in which the reprisal is
alleged in the order to have occurred. <<NOTE: Time period.>> No
petition seeking such review may be filed more than 60 days
after issuance of the order by the head of the executive agency.
Review shall conform to chapter 7 of title 5. Filing such an
appeal shall not act to stay the enforcement of the order of the
head of an executive agency, unless a stay is specifically
entered by the court.
[[Page 126 STAT. 1840]]
``(6) Burdens of proof.--The legal burdens of proof
specified in section 1221(e) of title 5 shall be controlling for
the purposes of any investigation conducted by an Inspector
General, decision by the head of an executive agency, or
judicial or administrative proceeding to determine whether
discrimination prohibited under this section has occurred.
``(7) Rights and remedies not waivable.--The rights and
remedies provided for in this section may not be waived by any
agreement, policy, form, or condition of employment.
``(d) Notification of Employees.--The head of each executive agency
shall ensure that contractors, subcontractors, and grantees of the
agency inform their employees in writing of the rights and remedies
provided under this section, in the predominant native language of the
workforce.
``(e) Construction.--Nothing in this section may be construed to
authorize the discharge of, demotion of, or discrimination against an
employee for a disclosure other than a disclosure protected by
subsection (a) or to modify or derogate from a right or remedy otherwise
available to the employee.
``(f) Exceptions.--(1) This section shall not apply to any element
of the intelligence community, as defined in section 3(4) of the
National Security Act of 1947 (50 U.S.C. 401a(4)).
``(2) This section shall not apply to any disclosure made by an
employee of a contractor, subcontractor, or grantee of an element of the
intelligence community if such disclosure--
``(A) relates to an activity of an element of the
intelligence community; or
``(B) was discovered during contract, subcontract, or
grantee services provided to an element of the intelligence
community.
``(g) Definitions.--In this section:
``(1) The term `abuse of authority' means an arbitrary and
capricious exercise of authority that is inconsistent with the
mission of the executive agency concerned or the successful
performance of a contract or grant of such agency.
``(2) The term `Inspector General' means an Inspector
General appointed under the Inspector General Act of 1978 and
any Inspector General that receives funding from, or has
oversight over contracts or grants awarded for or on behalf of,
the executive agency concerned.
``(h) Construction.--Nothing in this section, or the amendments made
by this section, shall be construed to provide any rights to disclose
classified information not otherwise provided by law.
``(i) Duration of Section.--This section shall be in effect for the
four-year period beginning on the date of the enactment of this
section.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter <<NOTE: 41 USC prec. 4701.>> is
amended by adding at the end the following new item:
``4712. Pilot program for enhancement of contractor protection from
reprisal for disclosure of certain information.''.
(b) <<NOTE: 41 USC 4712 note. Applicability.>> Effective Date.--
(1) In general.--The amendments made by subsection (a) shall
take effect on the date that is 180 days after the date of the
enactment of this Act, and shall, during the period
[[Page 126 STAT. 1841]]
section 4712 of title 41, United States Code, as added by such
subsection, is in effect, apply to--
(A) all contracts and grants awarded on or after
such date;
(B) all task orders entered on or after such date
pursuant to contracts awarded before, on, or after such
date; and
(C) all contracts awarded before such date that are
modified to include a contract clause providing for the
applicability of such amendments.
(2) <<NOTE: Deadline.>> Revision of federal acquisition
regulation.--Not later than 180 days after the date of the
enactment of this Act, the Federal Acquisition Regulation shall
be revised to implement the requirements arising under the
amendments made by this section.
(3) Inclusion of contract clause in contracts awarded before
effective date.-- <<NOTE: Time period.>> At the time of any
major modification to a contract that was awarded before the
date that is 180 days after the date of the enactment of this
Act, the head of the contracting agency shall make best efforts
to include in the contract a contract clause providing for the
applicability of the amendments made by this section to the
contract.
(c) Suspension of Effectiveness of Section 4705 of Title 41, United
States Code, While Pilot Program Is in Effect.--Section 4705 of title
41, United States Code, is amended by adding at the end the following
new subsection:
``(f) Four-year Suspension of Effectiveness While Pilot Program Is
in Effect.--While section 4712 of this title is in effect, this section
shall not be in effect.''.
(d) Allowability of Legal Fees.--Section 4310 of title 41, United
States Code, is amended--
(1) in subsection (b), by striking ``commenced by the
Federal Government or a State'' and inserting ``commenced by the
Federal Government, by a State, or by a contractor or grantee
employee submitting a complaint under section 4712 of this
title''; and
(2) in subsection (c)(3), by striking ``the imposition of a
monetary penalty'' and inserting ``the imposition of a monetary
penalty or an order to take corrective action under section 4712
of this title''.
(e) Government Accountability Office Study and Report.--
(1) Study.--Not later than three years after the date of the
enactment of this Act, the Comptroller General of the United
States shall begin conducting a study to evaluate the
implementation of section 4712 of title 41, United States Code,
as added by subsection (a).
(2) Report.--Not later than four years after the date of the
enactment of this Act, the Comptroller General shall submit to
Congress a report on the results of the study required by
paragraph (1), with such findings and recommendations as the
Comptroller General considers appropriate.
SEC. 829. <<NOTE: 10 USC 2302 note.>> EXTENSION OF CONTRACTOR
CONFLICT OF INTEREST LIMITATIONS.
(a) Assessment of Extension of Limitations to Certain Additional
Functions and Contracts.--Not later than <<NOTE: Deadline. Review.>> 180
days
[[Page 126 STAT. 1842]]
after the date of the enactment of this Act, the Secretary of Defense
shall review the guidance on personal conflicts of interest for
contractor employees issued pursuant to section 841(a) of the Duncan
Hunter National Defense Authorization Act for Fiscal Year 2009 (Public
Law 110-417; 122 Stat. 4537) in order to determine whether it would be
in the best interest of the Department of Defense and the taxpayers to
extend such guidance to personal conflicts of interest by contractor
personnel performing any of the following:
(1) Functions other than acquisition functions that are
closely associated with inherently governmental functions (as
that term is defined in section 2383(b)(3) of title 10, United
States Code).
(2) Personal services contracts (as that term is defined in
section 2330a(g)(5) of title 10, United States Code).
(3) Contracts for staff augmentation services (as that term
is defined in section 808(d)(3) of the National Defense
Authorization Act for Fiscal Year 2012 (Public Law 112-81; 125
Stat. 1490)).
(b) <<NOTE: Determination.>> Extension of Limitations.--If the
Secretary determines pursuant to the review under subsection (a) that
the guidance on personal conflicts of interest should be extended, the
Secretary shall revise the Defense Supplement to the Federal Acquisition
Regulation to the extent necessary to achieve such extension.
(c) <<NOTE: Deadline. Documentation.>> Results of Review.--Not later
than 180 days after the date of the enactment of this Act, the Secretary
shall document in writing the results of the review conducted under
subsection (a), including, at a minimum--
(1) the findings and recommendations of the review; and
(2) the basis for such findings and recommendations.
SEC. 830. REPEAL OF SUNSET FOR CERTAIN PROTESTS OF TASK AND
DELIVERY ORDER CONTRACTS.
Section 2304c(e) of title 10, United States Code, is amended by
striking paragraph (3).
SEC. 831. <<NOTE: 10 USC 2306a note. Deadlines.>> GUIDANCE AND
TRAINING RELATED TO EVALUATING
REASONABLENESS OF PRICE.
(a) Guidance.--Not later than 180 days after the date of the
enactment of this Act, the Under Secretary of Defense for Acquisition,
Technology, and Logistics shall issue guidance on the use of the
authority provided by sections 2306a(d) and 2379 of title 10, United
States Code. The guidance shall--
(1) include standards for determining whether information on
the prices at which the same or similar items have previously
been sold is adequate for evaluating the reasonableness of
price;
(2) include standards for determining the extent of
uncertified cost information that should be required in cases in
which price information is not adequate for evaluating the
reasonableness of price;
(3) ensure that in cases in which such uncertified cost
information is required, the information shall be provided in
the form in which it is regularly maintained by the offeror in
its business operations; and
(4) provide that no additional cost information may be
required by the Department of Defense in any case in which there
are sufficient non-Government sales to establish reasonableness
of price.
[[Page 126 STAT. 1843]]
(b) <<NOTE: Plans.>> Training and Expertise.--Not later than 270
days after the date of the enactment of this Act, the Under Secretary of
Defense for Acquisition, Technology, and Logistics shall develop and
begin implementation of a plan of action to--
(1) train the acquisition workforce on the use of the
authority provided by sections 2306a(d) and 2379 of title 10,
United States Code, in evaluating reasonableness of price in
procurements of commercial items; and
(2) develop a cadre of experts within the Department of
Defense to provide expert advice to the acquisition workforce in
the use of the authority provided by such sections in accordance
with the guidance issued pursuant to subsection (a).
(c) Documentation Requirements.--The Under Secretary of Defense for
Acquisition, Technology, and Logistics shall ensure that requests for
uncertified cost information for the purposes of evaluating
reasonableness of price are sufficiently documented. The Under Secretary
shall require that the contract file include, at a minimum, the
following:
(1) A justification of the need for additional cost
information.
(2) A copy of any request from the Department of Defense to
a contractor for additional cost information.
(3) Any response received from the contractor to the
request, including any rationale or justification provided by
the contractor for a failure to provide the requested
information.
(d) Comptroller General Review and Report.--
(1) <<NOTE: Time periods.>> Review requirement.--The
Comptroller General of the United States shall conduct a review
of data collected pursuant to sections 2306a(d) and 2379 of
title 10, United States Code, during the two-year period
beginning on the date of the enactment of this Act.
(2) Report requirement.--Not later than 180 days after the
end of the two-year period referred to in paragraph (1), the
Comptroller General shall submit to the congressional defense
committees a report on--
(A) the extent to which the Department of Defense
needed access to additional cost information pursuant to
sections 2306a(d) and 2379 of title 10, United States
Code, during such two-year period in order to determine
price reasonableness;
(B) the extent to which acquisition officials of the
Department of Defense complied with the guidance issued
pursuant to subsection (a) during such two-year period;
(C) the extent to which the Department of Defense
needed access to additional cost information during such
two-year period to determine reasonableness of price,
but was not provided such information by the contractor
on request; and
(D) recommendations for improving evaluations of
reasonableness of price by Department of Defense
acquisition professionals, including recommendations for
any amendments to law, regulations, or guidance.
[[Page 126 STAT. 1844]]
SEC. 832. <<NOTE: 10 USC 2313 note.>> DEPARTMENT OF DEFENSE ACCESS
TO, USE OF, AND SAFEGUARDS AND PROTECTIONS
FOR CONTRACTOR INTERNAL AUDIT REPORTS.
(a) Revised Guidance Required.--Not later than 180 days after the
date of the enactment of this Act, the Director of the Defense Contract
Audit Agency shall revise guidance on access to defense contractor
internal audit reports (including the Contract Audit Manual) to
incorporate the requirements of this section.
(b) Documentation Requirements.--The revised guidance shall ensure
that requests for access to defense contractor internal audit reports
are appropriately documented. The required documentation shall include,
at a minimum, the following:
(1) Written determination that access to such reports is
necessary to complete required evaluations of contractor
business systems.
(2) A copy of any request from the Defense Contract Audit
Agency to a contractor for access to such reports.
(3) A record of response received from the contractor,
including the contractor's rationale or justification if access
to requested reports was not granted.
(b) Safeguards and Protections.--The revised guidance shall include
appropriate safeguards and protections to ensure that contractor
internal audit reports cannot be used by the Defense Contract Audit
Agency for any purpose other than evaluating and testing the efficacy of
contractor internal controls and the reliability of associated
contractor business systems.
(c) <<NOTE: Determination.>> Risk-based Auditing.--A determination
by the Defense Contract Audit Agency that a contractor has a sound
system of internal controls shall provide the basis for increased
reliance on contractor business systems or a reduced level of testing
with regard to specific audits, as appropriate. Internal audit reports
provided by a contractor pursuant to this section may be considered in
determining whether or not a contractor has a sound system of internal
controls, but shall not be the sole basis for such a determination.
(d) Comptroller General Review.--Not later than one year after the
date of the enactment of this Act, the Comptroller General of the United
States shall initiate a review of the documentation required by
subsection (a). Not later than 90 days after completion of the review,
the Comptroller General shall submit to the congressional defense
committees a report on the results of the review, with findings and
recommendations for improving the audit processes of the Defense
Contract Audit Agency.
SEC. 833. <<NOTE: 10 USC 2302 note.>> CONTRACTOR RESPONSIBILITIES
IN REGULATIONS RELATING TO DETECTION AND
AVOIDANCE OF COUNTERFEIT ELECTRONIC PARTS.
Section 818(c)(2)(B) of the National Defense Authorization Act for
Fiscal Year 2012 (Public Law 112-81; 125 Stat. 1493; 10 U.S.C. 2302
note) is amended to read as follows:
``(B) the cost of counterfeit electronic parts and
suspect counterfeit electronic parts and the cost of
rework or corrective action that may be required to
remedy the use or inclusion of such parts are not
allowable costs under Department contracts, unless--
[[Page 126 STAT. 1845]]
``(i) the covered contractor has an
operational system to detect and avoid counterfeit
parts and suspect counterfeit electronic parts
that has been reviewed and approved by the
Department of Defense pursuant to subsection
(e)(2)(B);
``(ii) the counterfeit electronic parts or
suspect counterfeit electronic parts were provided
to the contractor as Government property in
accordance with part 45 of the Federal Acquisition
Regulation; and
``(iii) the covered contractor provides timely
notice to the Government pursuant to paragraph
(4).''.
Subtitle D--Provisions Relating to Contracts in Support of Contingency
Operations
SEC. 841. EXTENSION AND EXPANSION OF AUTHORITY TO ACQUIRE PRODUCTS
AND SERVICES PRODUCED IN COUNTRIES ALONG A
MAJOR ROUTE OF SUPPLY TO AFGHANISTAN.
(a) Extension of Termination Date.--Subsection (f) of section 801 of
the National Defense Authorization Act for Fiscal Year 2010 (Public Law
111-84; 123 Stat. 2399) is amended by striking ``on or after the date
occurring three years after the date of the enactment of this Act'' and
inserting ``after December 31, 2014''.
(b) Expansion of Authority To Cover Forces of the United States and
Coalition Forces.--Subsection (b)(1) of such section is amended--
(1) in subparagraph (B), by striking ``or'' at the end;
(2) in subparagraph (C), by adding ``or'' at the end; and
(3) by adding at the end the following:
``(D) by the United States or coalition forces in
Afghanistan if the product or service is from a country
that has agreed to allow the transport of coalition
personnel, equipment, and supplies;''.
(c) Repeal of Expired Report Requirement.--Subsection (g) of such
section is repealed.
(d) Clerical Amendment.--The heading of such section is amended by
striking ``; report''.
SEC. 842. LIMITATION ON AUTHORITY TO ACQUIRE PRODUCTS AND SERVICES
PRODUCED IN AFGHANISTAN.
Section 886 of the National Defense Authorization Act for Fiscal
Year 2008 (Public Law 110-181; 122 Stat. 266; 10 U.S.C. 2302 note) is
amended--
(1) in the section heading, by striking ``iraq or'';
(2) by striking ``Iraq or'' each place it appears; and
(3) in the subsection heading of subsection (c), by striking
``Iraq or''.
SEC. 843. <<NOTE: 10 USC 2302 note.>> RESPONSIBILITY WITHIN
DEPARTMENT OF DEFENSE FOR OPERATIONAL
CONTRACT SUPPORT.
(a) <<NOTE: Deadline.>> Guidance Required.--Not later than one year
after the date of the enactment of this Act, the Secretary of Defense
shall develop and issue guidance establishing the chain of authority
[[Page 126 STAT. 1846]]
and responsibility within the Department of Defense for policy,
planning, and execution of operational contract support.
(b) Elements.--The guidance under subsection (a) shall, at a
minimum--
(1) specify the officials, offices, and components of the
Department within the chain of authority and responsibility
described in subsection (a);
(2) identify for each official, office, and component
specified under paragraph (1)--
(A) requirements for policy, planning, and execution
of contract support for operational contract support,
including, at a minimum, requirements in connection
with--
(i) coordination of functions, authorities,
and responsibilities related to operational
contract support, including coordination with
relevant Federal agencies;
(ii) assessments of total force data in
support of Department force planning scenarios,
including the appropriateness of and necessity for
the use of contractors for identified functions;
(iii) determinations of capability
requirements for nonacquisition community
operational contract support, and identification
of resources required for planning, training, and
execution to meet such requirements; and
(iv) determinations of policy regarding the
use of contractors by function, and identification
of the training exercises that will be required
for operational contract support (including an
assessment whether or not such exercises will
include contractors); and
(B) roles, authorities, responsibilities, and lines
of supervision for the achievement of the requirements
identified under subparagraph (A); and
(3) ensure that the chain of authority and responsibility
described in subsection (a) is appropriately aligned with, and
appropriately integrated into, the structure of the Department
for the conduct of overseas contingency operations, including
the military departments, the Joint Staff, and the commanders of
the unified combatant commands.
SEC. 844. <<NOTE: 10 USC 2302 note.>> DATA COLLECTION ON CONTRACT
SUPPORT FOR FUTURE OVERSEAS CONTINGENCY
OPERATIONS INVOLVING COMBAT OPERATIONS.
(a) <<NOTE: Deadline. Guidance.>> In General.--Not later than one
year after the date of the enactment of this Act, the Secretary of
Defense, the Secretary of State, and the Administrator of the United
States Agency for International Development shall each issue guidance
regarding data collection on contract support for future contingency
operations outside the United States that involve combat operations.
(b) Elements.--The guidance required by subsection (a) shall ensure
that the Department of Defense, the Department of State, and the United
States Agency for International Development take the steps necessary to
ensure that each agency has the capability to collect and report, at a
minimum, the following data regarding such contract support:
(1) The total number of contracts entered into as of the
date of any report.
[[Page 126 STAT. 1847]]
(2) The total number of such contracts that are active as of
such date.
(3) The total value of contracts entered into as of such
date.
(4) The total value of such contracts that are active as of
such date.
(5) An identification of the extent to which the contracts
entered into as of such date were entered into using competitive
procedures.
(6) The total number of contractor personnel working under
contracts entered into as of the end of each calendar quarter
during the one-year period ending on such date.
(7) The total number of contractor personnel performing
security functions under contracts entered into as of the end of
each calendar quarter during the one-year period ending on such
date.
(8) The total number of contractor personnel killed or
wounded under any contracts entered into.
(c) Comptroller General Review and Report.--
(1) Review.--The Comptroller General of the United States
shall review the data system or systems established to track
contractor data pursuant to subsections (a) and (b). The review
shall, with respect to each such data system, at a minimum--
(A) identify each such data system and assess the
resources needed to sustain such system;
(B) determine if all such data systems are
interoperable, use compatible data standards, and meet
the requirements of section 2222 of title 10, United
States Code; and
(C) make recommendations on the steps that the
Department of Defense, the Department of State, and the
United States Agency for International Development
should take to ensure that all such data systems--
(i) meet the requirements of the guidance
issued pursuant to subsections (a) and (b);
(ii) are interoperable, use compatible data
standards, and meet the requirements of section
2222 of such title; and
(iii) are supported by appropriate business
processes and rules to ensure the timeliness and
reliability of data.
(2) Report.--Not later than two years after the date of the
enactment of this Act, the Comptroller General shall submit a
report on the review required by paragraph (1) to the following
committees:
(A) The congressional defense committees.
(B) The Committee on Foreign Relations and the
Committee on Homeland Security and Governmental Affairs
of the Senate.
(C) The Committee on Foreign Affairs and the
Committee on Oversight and Government Reform of the
House of Representatives.
[[Page 126 STAT. 1848]]
SEC. 845. INCLUSION OF OPERATIONAL CONTRACT SUPPORT IN CERTAIN
REQUIREMENTS FOR DEPARTMENT OF DEFENSE
PLANNING, JOINT PROFESSIONAL MILITARY
EDUCATION, AND MANAGEMENT STRUCTURE.
(a) Readiness Reporting System.--Section 117(c) of title 10, United
States Code, is amended by adding at the end the following new
paragraph:
``(8) Measure, on an annual basis, the capability of
operational contract support to support current and anticipated
wartime missions of the armed forces.''.
(b) Operational Contract Support Planning and Preparedness Functions
of CJCS.--Section 153(a)(3) of such title is amended by adding at the
end the following new subparagraph:
``(F) In coordination with the Under Secretary of Defense
for Acquisition, Technology, and Logistics, the Secretaries of
the military departments, the heads of the Defense Agencies, and
the commanders of the combatant commands, determining the
operational contract support requirements of the armed forces
and recommending the resources required to improve and enhance
operational contract support for the armed forces and planning
for such operational contract support.''.
(c) Operational Contract Support as Matter Within Course of Joint
Professional Military Education.--Section 2151(a) of such title is
amended by adding at the end the following new paragraph:
``(6) Operational contract support.''.
(d) Management Structure.--Section 2330(c)(2) of such title is
amended by striking ``other than services'' and all that follows and
inserting ``including services in support of contingency operations. The
term does not include services relating to research and development or
military construction.''.
SEC. 846. <<NOTE: 10 USC 2302 note.>> REQUIREMENTS FOR RISK
ASSESSMENTS RELATED TO CONTRACTOR
PERFORMANCE.
(a) Risk Assessments for Contractor Performance in Operational or
Contingency Plans.--The Secretary of Defense shall require that a risk
assessment on reliance on contractors be included in operational or
contingency plans developed by a commander of a combatant command in
executing the responsibilities prescribed in section 164 of title 10,
United States Code. Such risk assessments shall address, at a minimum,
the potential risks listed in subsection (c).
(b) Comprehensive Risk Assessments and Mitigation Plans for
Contractor Performance in Support of Overseas Contingency Operations.--
(1) <<NOTE: Deadline.>> In general.--Subject to paragraphs
(2) and (3), not later than six months after the commencement or
designation of a contingency operation outside the United States
that includes or is expected to include combat operations, the
head of each covered agency shall perform a comprehensive risk
assessment and develop a risk mitigation plan for operational
and political risks associated with contractor performance of
critical functions in support of the operation for such covered
agency.
(2) Exceptions.--Except as provided in paragraph (3), a risk
assessment and risk mitigation plan shall not be required under
paragraph (1) for an overseas contingency operation if--
[[Page 126 STAT. 1849]]
(A) the operation is not expected to continue for
more than one year; and
(B) the total amount of obligations for contracts
for support of the operation for the covered agency is
not expected to exceed $250,000,000.
(3) <<NOTE: Deadline.>> Termination of exceptions.--
Notwithstanding paragraph (2), the head of a covered agency
shall perform a risk assessment and develop a risk mitigation
plan under paragraph (1) for an overseas contingency operation
with regard to which a risk assessment and risk mitigation plan
has not previously been performed under paragraph (1) not later
than 60 days after the date on which--
(A) the operation has continued for more than one
year; or
(B) the total amount of obligations for contracts
for support of the operation for the covered agency
exceeds $250,000,000.
(c) Comprehensive Risk Assessments.--A comprehensive risk assessment
under subsection (b) shall consider, at a minimum, risks relating to the
following:
(1) The goals and objectives of the operation (such as risks
from contractor behavior or performance that may injure innocent
members of the local population or offend their sensibilities).
(2) The continuity of the operation (such as risks from
contractors refusing to perform or being unable to perform when
there may be no timely replacements available).
(3) The safety of military and civilian personnel of the
United States if the presence or performance of contractor
personnel creates unsafe conditions or invites attack.
(4) The safety of contractor personnel employed by the
covered agency.
(5) The managerial control of the Government over the
operation (such as risks from over-reliance on contractors to
monitor other contractors or inadequate means for Government
personnel to monitor contractor performance).
(6) The critical organic or core capabilities of the
Government, including critical knowledge or institutional memory
of key operations areas and subject-matter expertise.
(7) The ability of the Government to control costs, avoid
organizational or personal conflicts of interest, and minimize
waste, fraud, and abuse.
(d) Risk Mitigation Plans.--A risk mitigation plan under subsection
(b) shall include, at a minimum, the following:
(1) For each high-risk area identified in the comprehensive
risk assessment for the operation performed under subsection
(b)--
(A) specific actions to mitigate or reduce such
risk, including the development of alternative
capabilities to reduce reliance on contractor
performance of critical functions;
(B) measurable milestones for the implementation of
planned risk mitigation or risk reduction measures; and
(C) a process for monitoring, measuring, and
documenting progress in mitigating or reducing risk.
(2) A continuing process for identifying and addressing new
and changed risks arising in the course of the operation,
[[Page 126 STAT. 1850]]
including the periodic reassessment of risks and the development
of appropriate risk mitigation or reduction plans for any new or
changed high-risk area identified.
(e) Critical Functions.--For purposes of this section, critical
functions include, at a minimum, the following:
(1) Private security functions, as that term is defined in
section 864(a)(6) of the National Defense Authorization Act for
Fiscal Year 2008 (10 U.S.C. 2302 note).
(2) Training and advising Government personnel, including
military and security personnel, of a host nation.
(3) Conducting intelligence or information operations.
(4) Any other functions that are closely associated with
inherently governmental functions, including the functions set
forth in section 7.503(d) of the Federal Acquisition Regulation.
(5) Any other functions that are deemed critical to the
success of the operation.
(f) <<NOTE: Definition.>> Covered Agency.--In this section, the term
``covered agency'' means the Department of Defense, the Department of
State, and the United States Agency for International Development.
SEC. 847. EXTENSION AND MODIFICATION OF REPORTS ON CONTRACTING IN
IRAQ AND AFGHANISTAN.
(a) Two-Year Extension of Requirement for Joint Report.--Subsection
(a)(5) of section 863 of the National Defense Authorization Act for
Fiscal Year 2008 (10 U.S.C. 2302 note) is amended by striking ``February
1, 2013'' and inserting ``February 1, 2015''.
(b) Repeal of Comptroller General Review.--Such section is further
amended by striking subsection (b).
(c) Conforming Amendments.--
(1) In general.--Such section is further amended--
(A) by striking ``Joint Report Required.--'' and all
that follows through ``paragraph (6)'' and inserting
``In General.--Except as provided in subsection (f)'';
(B) by striking ``this subsection'' each place it
appears and inserting ``this section'';
(C) by redesignating paragraphs (2) through (7) as
subsections (b) through (g), respectively, and by moving
the left margins of such subsections (including the
subparagraphs in such subsections), as so redesignated,
two ems to the left;
(D) in subsection (b), as redesignated by
subparagraph (C) of this paragraph--
(i) by capitalizing the second and third words
of the heading; and
(ii) by redesignating subparagraphs (A)
through (I) as paragraphs (1) through (9),
respectively;
(E) in subsection (c), as redesignated by
subparagraph (C) of this paragraph--
(i) by capitalizing the second and third words
of the heading;
(ii) by redesignating subparagraphs (A)
through (C) as paragraphs (1) through (3),
respectively; and
(iii) by striking ``paragraph (2)'' each place
it appears and inserting ``subsection (b)'';
[[Page 126 STAT. 1851]]
(F) in subsection (d), as redesignated by
subparagraph (C) of this paragraph, by capitalizing the
second word of the heading;
(G) in subsection (e), as redesignated by
subparagraph (C) of this paragraph, by capitalizing the
third word of the heading;
(H) in subsection (f), as redesignated by
subparagraph (C) of this paragraph, by striking ``this
paragraph'' and inserting ``this subsection''; and
(I) in subsection (g), as redesignated by
subparagraph (C) of this paragraph, by striking
``paragraph (2)(F)'' and inserting ``subsection
(b)(6)''.
(2) Heading amendment.--The heading of such section is
amended by striking ``and comptroller general review''.
SEC. 848. RESPONSIBILITIES OF INSPECTORS GENERAL FOR OVERSEAS
CONTINGENCY OPERATIONS.
The Inspector General Act of 1978 (5 U.S.C. App.) is amended--
(1) by redesignating section 8L as section 8M; and
(2) by inserting after section 8J the following new section
8L:
``SEC. 8L. <<NOTE: 5 USC app. 8L.>> SPECIAL PROVISIONS CONCERNING
OVERSEAS CONTINGENCY OPERATIONS.
``(a) <<NOTE: Time period.>> Additional Responsibilities of Chair of
Council of Inspectors General on Integrity and Efficiency.--Upon the
commencement or designation of a military operation as an overseas
contingency operation that exceeds 60 days, the Chair of the Council of
Inspectors General on Integrity and Efficiency (CIGIE) shall, in
consultation with the members of the Council, have the additional
responsibilities specified in subsection (b) with respect to the
Inspectors General specified in subsection (c).
``(b) Specific Responsibilities.--The responsibilities specified in
this subsection are the following:
``(1) In consultation with the Inspectors General specified
in subsection (c), to designate a lead Inspector General in
accordance with subsection (d) to discharge the authorities of
the lead Inspector General for the overseas contingency
operation concerned as set forth in subsection (d).
``(2) To resolve conflicts of jurisdiction among the
Inspectors General specified in subsection (c) on
investigations, inspections, and audits with respect to such
contingency operation in accordance with subsection (d)(2)(B).
``(3) To assist in identifying for the lead inspector
general for such contingency operation, Inspectors General and
inspector general office personnel available to assist the lead
Inspector General and the other Inspectors General specified in
subsection (c) on matters relating to such contingency
operation.
``(c) Inspectors General.--The Inspectors General specified in this
subsection are the Inspectors General as follows:
``(1) The Inspector General of the Department of Defense.
``(2) The Inspector General of the Department of State.
``(3) The Inspector General of the United States Agency for
International Development.
``(d) Lead Inspector General for Overseas Contingency Operation.--
<<NOTE: Designation. Deadline. Time period.>> (1) A lead Inspector
General for an overseas contingency operation shall be designated by the
Chair of the Council
[[Page 126 STAT. 1852]]
of Inspectors General on Integrity and Efficiency under subsection
(b)(1) not later than 30 days after the commencement or designation of
the military operation concerned as an overseas contingency operation
that exceeds 60 days. The lead Inspector General for a contingency
operation shall be designated from among the Inspectors General
specified in subsection (c).
``(2) The lead Inspector General for an overseas contingency
operation shall have the following responsibilities:
``(A) To appoint, from among the offices of the other
Inspectors General specified in subsection (c), an Inspector
General to act as associate Inspector General for the
contingency operation who shall act in a coordinating role to
assist the lead Inspector General in the discharge of
responsibilities under this subsection.
``(B) To develop and carry out, in coordination with the
offices of the other Inspectors General specified in subsection
(c), a joint strategic plan to conduct comprehensive oversight
over all aspects of the contingency operation and to ensure
through either joint or individual audits, inspections, and
investigations, independent and effective oversight of all
programs and operations of the Federal Government in support of
the contingency operation.
``(C) To review and ascertain the accuracy of information
provided by Federal agencies relating to obligations and
expenditures, costs of programs and projects, accountability of
funds, and the award and execution of major contracts, grants,
and agreements in support of the contingency operation.
``(D)(i) If none of the Inspectors General specified in
subsection (c) has principal jurisdiction over a matter with
respect to the contingency operation, to exercise responsibility
for discharging oversight responsibilities in accordance with
this Act with respect to such matter.
``(ii) If more than one of the Inspectors General specified
in subsection (c) has jurisdiction over a matter with respect to
the contingency operation, to determine principal jurisdiction
for discharging oversight responsibilities in accordance with
this Act with respect to such matter.
``(E) To employ, or authorize the employment by the other
Inspectors General specified in subsection (c), on a temporary
basis using the authorities in section 3161 of title 5, United
States Code, such auditors, investigators, and other personnel
as the lead Inspector General considers appropriate to assist
the lead Inspector General and such other Inspectors General on
matters relating to the contingency operation.
``(F) <<NOTE: Deadline. Web posting. Public
information. Reports.>> To submit to Congress on a bi-annual
basis, and to make available on an Internet website available to
the public, a report on the activities of the lead Inspector
General and the other Inspectors General specified in subsection
(c) with respect to the contingency operation, including--
``(i) the status and results of investigations,
inspections, and audits and of referrals to the
Department of Justice; and
``(ii) overall plans for the review of the
contingency operation by inspectors general, including
plans for investigations, inspections, and audits.
[[Page 126 STAT. 1853]]
``(G) <<NOTE: Deadline. Web posting. Public
information. Reports.>> To submit to Congress on a quarterly
basis, and to make available on an Internet website available to
the public, a report on the contingency operation.
``(H) To carry out such other responsibilities relating to
the coordination and efficient and effective discharge by the
Inspectors General specified in subsection (c) of duties
relating to the contingency operation as the lead Inspector
General shall specify.
``(3)(A) The lead Inspector General for an overseas contingency
operation may employ, or authorize the employment by the other
Inspectors General specified in subsection (c) of, annuitants covered by
section 9902(g) of title 5, United States Code, for purposes of
assisting the lead Inspector General in discharging responsibilities
under this subsection with respect to the contingency operation.
``(B) The employment of annuitants under this paragraph shall be
subject to the provisions of section 9902(g) of title 5, United States
Code, as if the lead Inspector General concerned was the Department of
Defense.
``(C) The period of employment of an annuitant under this paragraph
may not exceed three years, except that the period may be extended for
up to an additional two years in accordance with the regulations
prescribed pursuant to section 3161(b)(2) of title 5, United States
Code.
``(4) The lead Inspector General for an overseas contingency
operation shall discharge the responsibilities for the contingency
operation under this subsection in a manner consistent with the
authorities and requirements of this Act generally and the authorities
and requirements applicable to the Inspectors General specified in
subsection (c) under this Act.
``(e) Sunset for Particular Contingency Operations.--The
requirements and authorities of this section with respect to an overseas
contingency operation shall cease at the end of the first fiscal year
after the commencement or designation of the contingency operation in
which the total amount appropriated for the contingency operation is
less than $100,000,000.
``(f) Construction of Authority.--Nothing in this section shall be
construed to limit the ability of the Inspectors General specified in
subsection (c) to enter into agreements to conduct joint audits,
inspections, or investigations in the exercise of their oversight
responsibilities in accordance with this Act with respect to overseas
contingency operations.''.
SEC. 849. OVERSIGHT OF CONTRACTS AND CONTRACTING ACTIVITIES FOR
OVERSEAS CONTINGENCY OPERATIONS IN
RESPONSIBILITIES OF CHIEF ACQUISITION
OFFICERS OF FEDERAL AGENCIES.
(a) In General.--Subsection (b)(3) of section 1702 of title 41,
United States Code, is amended--
(1) by redesignating subparagraphs (F) and (G) as
subparagraphs (G) and (H), respectively; and
(2) by inserting after subparagraph (E) the following new
subparagraph (F):
``(F) advising the executive agency on the applicability of
relevant policy on the contracts of the agency for overseas
contingency operations and ensuring the compliance of the
contracts and contracting activities of the agency with such
policy;''.
[[Page 126 STAT. 1854]]
(b) Definition.--Such section is further amended by adding at the
end the following new subsection:
``(d) Overseas Contingency Operations Defined.--In this section, the
term `overseas contingency operations' means military operations outside
the United States and its territories and possessions that are a
contingency operation (as that term is defined in section 101(a)(13) of
title 10).''.
SEC. 850. <<NOTE: 22 USC 2151 note.>> REPORTS ON RESPONSIBILITY
WITHIN DEPARTMENT OF STATE AND THE UNITED
STATES AGENCY FOR INTERNATIONAL
DEVELOPMENT FOR CONTRACT SUPPORT FOR
OVERSEAS CONTINGENCY OPERATIONS.
(a) <<NOTE: Consultation. Assessment.>> DoS and USAID Reports
Required.--Not later than six months after the date of the enactment of
this Act, the Secretary of State and the Administrator of the United
States Agency for International Development shall, in consultation with
the Chief Acquisition Officer of the Department of State and the Chief
Acquisition Officer of the United States Agency for International
Development, respectively, each submit to the appropriate committees of
Congress an assessment of Department of State and United States Agency
for International Development policies governing contract support in
overseas contingency operations.
(b) Elements.--Each report under subsection (a) shall include the
following:
(1) A description and assessment of the roles and
responsibilities of the officials, offices, and components of
the Department of State or the United States Agency for
International Development, as applicable, within the chain of
authority and responsibility for policy, planning, and execution
of contract support for overseas contingency operations.
(2) Procedures and processes of the Department or Agency, as
applicable, on the following in connection with contract support
for overseas contingency operations:
(A) Collection, inventory, and reporting of data.
(B) Acquisition planning.
(C) Solicitation and award of contracts.
(D) Requirements development and management.
(E) Contract tracking and oversight.
(F) Performance evaluations.
(G) Risk management.
(H) Interagency coordination and transition
planning.
(3) Strategies and improvements necessary for the Department
or the Agency, as applicable, to address reliance on
contractors, workforce planning, and the recruitment and
training of acquisition workforce personnel, including the
anticipated number of personnel needed to perform acquisition
management and oversight functions and plans for achieving
personnel staffing goals, in connection with overseas
contingency operations.
(c) Comptroller General Report.--Not later than one year after the
date of the enactment of this Act, the Comptroller General of the United
States shall submit to the appropriate committees of Congress a report
on the progress of the efforts of the Department of State and the United
States Agency for International Development in implementing improvements
and changes identified under paragraphs (1) through (3) of subsection
(b) in the reports required by subsection (a), together with such
additional information as
[[Page 126 STAT. 1855]]
the Comptroller General considers appropriate to further inform such
committees on issues relating to the reports required by subsection (a).
(d) Appropriate Committees of Congress Defined.--In this section,
the term ``appropriate committees of Congress'' means--
(1) the Committee on Foreign Relations, the Committee on
Armed Services, the Committee on Homeland Security and
Governmental Affairs, and the Committee on Appropriations of the
Senate; and
(2) the Committee on Foreign Affairs, the Committee on Armed
Services, the Committee on Oversight and Government Reform, and
the Committee on Appropriations of the House of Representatives.
SEC. 851. DATABASE ON PRICE TRENDS OF ITEMS AND SERVICES UNDER
FEDERAL CONTRACTS.
(a) Database Required.--
(1) In general.--Chapter 33 of title 41, United States Code,
is amended by adding at the end the following new section:
``Sec. 3312. <<NOTE: 41 USC 3312 note.>> Database on price trends
of items and services under Federal contracts
``(a) Database Required.--The Administrator shall establish and
maintain a database of information on price trends for items and
services under contracts with the Federal Government. The information in
the database shall be designed to assist Federal acquisition officials
in the following:
``(1) Monitoring developments in price trends for items and
services under contracts with the Federal Government.
``(2) Conducting price or cost analyses for items and
services under offers for contracts with the Federal Government,
or otherwise conducting determinations of the reasonableness of
prices for items and services under such offers, and addressing
unjustified escalation in prices being paid by the Federal
Government for items and services under contracts with the
Federal Government.
``(b) Use.--(1) The database under subsection (a) shall be available
to executive agencies in the evaluation of offers for contracts with the
Federal Government for items and services.
``(2) The Secretary of Defense may satisfy the requirements of this
section by complying with the requirements of section 892 of the Ike
Skelton National Defense Authorization Act for Fiscal Year 2011 (10
U.S.C. 2306a note).''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 33 of such title <<NOTE: 41 USC prec.
3301.>> is amended by adding at the end the following new item:
``3312. Database on price trends of items and services under Federal
contracts.''.
(b) <<NOTE: 41 USC 3312 note.>> Use of Elements of Department of
Defense Pilot Project.--In establishing the database required by section
3312 of title 41, United States Code (as added by subsection (a)), the
Administrator for Federal Procurement Policy shall use and incorporate
appropriate elements of the pilot project on pricing being carried out
by the Under Secretary of Defense for Acquisition, Technology, and
Logistics pursuant to section 892 of the Ike Skelton National Defense
Authorization Act for Fiscal Year 2011 (10 U.S.C.
[[Page 126 STAT. 1856]]
2306a note) and the Better Buying Power initiative of the Secretary of
Defense.
SEC. 852. INFORMATION ON CORPORATE CONTRACTOR PERFORMANCE AND
INTEGRITY THROUGH THE FEDERAL AWARDEE
PERFORMANCE AND INTEGRITY INFORMATION
SYSTEM.
Subsection (d) of section 2313 of title 41, United States Code, is
amended by adding at the end the following new paragraph:
``(3) Information on corporations.--The information in the
database on a person that is a corporation shall, to the extent
practicable, include information on any parent, subsidiary, or
successor entities to the corporation in a manner designed to
give the acquisition officials using the database a
comprehensive understanding of the performance and integrity of
the corporation in carrying out Federal contracts and grants.''.
SEC. 853. <<NOTE: 41 USC 1126 note.>> INCLUSION OF DATA ON
CONTRACTOR PERFORMANCE IN PAST PERFORMANCE
DATABASES FOR EXECUTIVE AGENCY SOURCE
SELECTION DECISIONS.
(a) Strategy Required.--
(1) <<NOTE: Deadline.>> In general.--Not later than 180 days
after the date of the enactment of this Act, the Federal
Acquisition Regulatory Council shall develop a strategy for
ensuring that timely, accurate, and complete information on
contractor performance is included in past performance databases
used by executive agencies for making source selection
decisions.
(2) Consultation with usdatl.--In developing the strategy
required by this subsection, the Federal Acquisition Regulatory
Council shall consult with the Under Secretary of Defense for
Acquisition, Technology, and Logistics to ensure that the
strategy is, to the extent practicable, consistent with the
strategy developed by the Under Secretary pursuant to section
806 of the National Defense Authorization Act for Fiscal Year
2012 (Public Law 112-81; 125 Stat. 1487; 10 U.S.C. 2302 note).
(b) Elements.--The strategy required by subsection (a) shall, at a
minimum--
(1) establish standards for the timeliness and completeness
of past performance submissions for purposes of databases
described in subsection (a);
(2) assign responsibility and management accountability for
the completeness of past performance submissions for such
purposes; and
(3) ensure that past performance submissions for such
purposes are consistent with award fee evaluations in cases
where such evaluations have been conducted.
(c) <<NOTE: Deadlines.>> Contractor Comments.--Not later than 180
days after the date of the enactment of this Act, the Federal
Acquisition Regulation shall be revised to require the following:
(1) That affected contractors are provided, in a timely
manner, information on contractor performance to be included in
past performance databases in accordance with subsection (a).
(2) That such contractors are afforded up to 14 calendar
days, from the date of delivery of the information provided in
accordance with paragraph (1), to submit comments,
[[Page 126 STAT. 1857]]
rebuttals, or additional information pertaining to past
performance for inclusion in such databases.
(3) That agency evaluations of contractor past performance,
including any comments, rebuttals, or additional information
submitted under paragraph (2), are included in the relevant past
performance database not later than the date that is 14 days
after the date of delivery of the information provided in
accordance with paragraph (1).
(d) Construction.--Nothing in this section shall be construed to
prohibit a contractor from submitting comments, rebuttals, or additional
information pertaining to past performance after the period described in
subsection (c)(2) has elapsed or to prohibit a contractor from
challenging a past performance evaluation in accordance with applicable
laws, regulations, or procedures.
(e) Comptroller General Report.--Not later than 18 months after the
date of the enactment of this Act, the Comptroller General of the United
States shall submit to the appropriate committees of Congress a report
on the actions taken by the Federal Acquisition Regulatory Council
pursuant to this section, including an assessment of the following:
(1) The extent to which the strategy required by subsection
(a) is consistent with the strategy developed by the Under
Secretary of Defense for Acquisition, Technology, and Logistics
as described in subsection (a)(2).
(2) The extent to which the actions of the Federal
Acquisition Regulatory Council pursuant to this section have
otherwise achieved the objectives of this section.
(f) Definitions.--In this section:
(1) The term ``appropriate committees of Congress'' means--
(A) the Committee on Armed Services, the Committee
on Foreign Relations, the Committee on Homeland Security
and Governmental Affairs, and the Committee on
Appropriations of the Senate; and
(B) the Committee on Armed Services, the Committee
on Foreign Affairs, the Committee on Oversight and
Government Reform, and the Committee on Appropriations
of the House of Representatives.
(2) The term ``executive agency'' has the meaning given that
term in section 133 of title 41, United States Code, except that
the term excludes the Department of Defense and the military
departments.
(3) The term ``Federal Acquisition Regulatory Council''
means the Federal Acquisition Regulatory Council under section
1302(a) of title 41, United States Code.
Subtitle E--Other Matters
SEC. 861. <<NOTE: 31 USC 6101 note.>> REQUIREMENTS AND LIMITATIONS
FOR SUSPENSION AND DEBARMENT OFFICIALS OF
THE DEPARTMENT OF DEFENSE, THE DEPARTMENT
OF STATE, AND THE UNITED STATES AGENCY FOR
INTERNATIONAL DEVELOPMENT.
(a) <<NOTE: Deadline.>> Requirements.--Not later than 180 days after
the date of the enactment of this Act, the head of the covered agency
concerned shall ensure the following:
(1) There shall be not less than one suspension and
debarment official--
[[Page 126 STAT. 1858]]
(A) in the case of the Department of Defense, for
each of the Department of the Army, the Department of
the Navy, the Department of the Air Force, and the
Defense Logistics Agency;
(B) for the Department of State; and
(C) for the United States Agency for International
Development.
(2) A suspension and debarment official under paragraph (1)
may not report to or be subject to the supervision of the
acquisition office or the Inspector General--
(A) in the case of the Department of Defense, of
either the Department of Defense or the military
department or Defense Agency concerned; and
(B) in the case of the Department of State and the
United States Agency for International Development, of
the covered agency concerned.
(3) Each suspension and debarment official under paragraph
(1) shall have a staff and resources adequate for the discharge
of the suspension and debarment responsibilities of such
official.
(4) Each suspension and debarment official under paragraph
(1) shall document the basis for any final decision taken
pursuant to a formal referral in accordance with the policies
established under paragraph (5).
(5) Each suspension and debarment official under paragraph
(1) shall, in consultation with the General Counsel of the
covered agency, establish in writing policies for the
consideration of the following:
(A) Formal referrals of suspension and debarment
matters.
(B) Suspension and debarment matters that are not
formally referred.
(b) Duties of Interagency Committee on Debarment and Suspension.--
Section 873 of the Duncan Hunter National Defense Authorization Act for
Fiscal Year 2009 (31 U.S.C. 6101 note) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by inserting ``, including
with respect to contracts in connection with contingency
operations'' before the semicolon; and
(B) in paragraph (7)--
(i) in subparagraph (B), by striking ``and''
at the end;
(ii) in subparagraph (C), by striking the
period at the end and inserting ``; and''; and
(iii) by adding at the end the following new
subparagraph:
``(D) a summary of suspensions, debarments, and
administrative agreements during the previous year.'';
and
(2) by striking subsection (b) and inserting the following
new subsections:
``(b) Date of Submittal of Annual Reports.--The annual report
required by subsection (a)(7) shall be submitted not later than January
31 of each year, beginning with January 31, 2014.
``(c) Definitions.--In this section:
``(1) The term `contingency operation' has the meaning given
that term in section 101(a)(13) of title 10, United States Code.
[[Page 126 STAT. 1859]]
``(2) The term `Interagency Committee on Debarment and
Suspension' means the committee constituted under sections 4 and
5 of Executive Order No. 12549.''.
(c) <<NOTE: Definition.>> Covered Agency.--In this section, the term
``covered agency'' means the Department of Defense, the Department of
State, and the United States Agency for International Development.
SEC. 862. <<NOTE: 41 USC prec. 3101 note. Deadline.>> UNIFORM
CONTRACT WRITING SYSTEM REQUIREMENTS.
(a) Uniform Standards and Controls Required.--Not later than 180
days after the date of the enactment of this Act, the officials
specified in subsection (b) shall--
(1) establish uniform data standards, internal control
requirements, independent verification and validation
requirements, and business process rules for processing
procurement requests, contracts, receipts, and invoices by the
Department of Defense or other executive agencies, as
applicable;
(2) establish and maintain one or more approved electronic
contract writing systems that conform with the standards,
requirements, and rules established pursuant to paragraph (1);
and
(3) require the use of electronic contract writing systems
approved in accordance with paragraph (2) for all contracts
entered into by the Department of Defense or other executive
agencies, as applicable.
(b) Covered Officials.--The officials specified in this subsection
are the following:
(1) The Secretary of Defense, with respect to the Department
of Defense and the military departments.
(2) The Administrator for Federal Procurement Policy, with
respect to the executive agencies other than the Department of
Defense and the military departments.
(c) Electronic Writing Systems for Department of State and USAID.--
Notwithstanding subsection (b)(2), the Secretary of State and the
Administrator of the United States Agency for International Development
may meet the requirements of subsection (a)(2) with respect to approved
electronic contract writing systems for the Department of State and the
United States Agency for International Development, respectively, if the
Secretary and the Administrator, as the case may be, demonstrate to the
Administrator for Federal Procurement Policy that prior investment of
resources in existing contract writing systems will result in the most
cost effective and efficient means to satisfy such requirements.
(d) Phase-in of Implementation of Requirement for Approved
Systems. <<NOTE: Time period. Effective date.>> --The officials
specified in subsection (b) may phase in the implementation of the
requirement to use approved electronic contract writing systems in
accordance with subsection (a)(3) over a period of up to five years
beginning with the date of the enactment of this Act.
(e) Reports.--Not later than 180 days after the date of the
enactment of this Act, the officials specified in subsection (b) shall
each submit to the appropriate committees of Congress a report on the
implementation of the requirements of this section. Each report shall,
at a minimum--
(1) describe the standards, requirements, and rules
established pursuant to subsection (a)(1);
(2) identify the electronic contract writing systems
approved pursuant to subsection (a)(2) and, if multiple systems
[[Page 126 STAT. 1860]]
are approved, explain why the use of such multiple systems is
the most efficient and effective approach to meet the contract
writing needs of the Federal Government; and
(3) provide the schedule for phasing in the use of approved
electronic contract writing systems in accordance with
subsections (a)(3) and (d).
(f) Definitions.--In this section:
(1) The term ``appropriate committees of Congress'' means--
(A) the Committee on Armed Services, the Committee
on Foreign Relations, the Committee on Homeland Security
and Governmental Affairs, and the Committee on
Appropriations of the Senate; and
(B) the Committee on Armed Services, the Committee
on Foreign Affairs, the Committee on Oversight and
Government Reform, and the Committee on Appropriations
of the House of Representatives.
(2) The term ``executive agency'' has the meaning given that
term in section 133 of title 41, United States Code.
SEC. 863. EXTENSION OF OTHER TRANSACTION AUTHORITY.
Section 845(i) of the National Defense Authorization Act for Fiscal
Year 1994 (10 U.S.C. 2371 note) is amended by striking ``September 30,
2013'' and inserting ``September 30, 2018''.
SEC. 864. REPORT ON ALLOWABLE COSTS OF COMPENSATION OF CONTRACTOR
EMPLOYEES.
(a) Report Required.--Not later than 120 days after the date of the
enactment of this Act, the Comptroller General of the United States
shall submit to Congress a report on the effect of reducing the
allowable costs of contractor compensation of employees to the amount
payable to the President under section 102 of title 3, United States
Code, or to the amount payable to the Vice President under section 104
of such title.
(b) Matters Covered.--The report shall include, at a minimum, the
following:
(1) An estimate of the total number of contractor employees
whose allowable costs of compensation in each of fiscal years
2010, 2011, and 2012 would have exceeded the amount of allowable
costs under section 2324(e)(1)(P) of title 10, United States
Code.
(2) An estimate of the total number of contractor employees
whose allowable costs of compensation in each of fiscal years
2010, 2011, and 2012 exceeded the amount payable to the
President under section 102 of title 3, United States Code.
(3) An estimate of the total number of contractor employees
whose allowable costs of compensation in fiscal year 2012
exceeded the amount payable to the Vice President under section
104 of title 3, United States Code.
(4) An estimate of the total number of contractor employees
in fiscal year 2012 that could have been characterized as
falling within a narrowly targeted exception established by the
Secretary of Defense under section 2324(e)(1)(P) of title 10,
United States Code, as a result of the amendment made by section
803(a)(2) of the National Defense Authorization Act for Fiscal
Year 2012 (Public Law 112-81; 125 Stat. 1485).
(5) A description of the duties and services performed in
fiscal year 2012 by employees who were characterized by their
[[Page 126 STAT. 1861]]
employers as falling within a narrowly targeted exception
described in paragraph (4).
(6) An assessment of whether the compensation amounts
provided in fiscal year 2012 to employees who were characterized
by their employers as falling within a narrowly targeted
exception described in paragraph (4) were provided in a manner
consistent with private sector practice.
(7) An assessment of the extent to which contractor
employees received compensation in the form of vested or
unvested stock options.
(8) An assessment of the potential impact on the Department
of Defense, contractors of the Department of Defense, and
employees of such contractors of adjusting the amount of
allowable costs of contractor compensation to the amount
specified in paragraph (2) or the amount specified in paragraph
(3).
(9) Such recommendations as the Comptroller General
considers appropriate.
SEC. 865. REPORTS ON USE OF INDEMNIFICATION AGREEMENTS.
(a) In General.--Not later than 90 days after the end of each of
fiscal years 2013 through 2016, the Secretary of Defense shall submit to
the appropriate committees of Congress a report on any actions described
in subsection (b) which occurred during the preceding fiscal years.
(b) Actions Described.--
(1) In general.--An action described in this subsection is
the Secretary of Defense--
(A) entering into a contract that includes an
indemnification provision relating to bodily injury
caused by negligence or relating to wrongful death; or
(B) modifying an existing contract to include a
provision described in subparagraph (A) in a contract.
(2) Excluded contracts.--Paragraph (1) shall not apply to
any contract awarded in accordance with--
(A) section 2354 of title 10, United States Code; or
(B) the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9601
et seq.).
(c) Matters Included.--For each action covered in a report under
subsection (a), the report shall include--
(1) the name of the contractor;
(2) a description of the indemnification provision included
in the contract; and
(3) a justification for the contract including the
indemnification provision.
(d) Form.--Each report under subsection (a) shall be submitted in
unclassified form, but may include a classified annex.
(e) Appropriate Committees of Congress Defined.--In this section,
the term ``appropriate committees of Congress'' means--
(1) the Committee on Armed Services, the Committee on the
Budget, and the Committee on Appropriations of the Senate; and
(2) the Committee on Armed Services, the Committee on the
Budget, and the Committee on Appropriations of the House of
Representatives.
[[Page 126 STAT. 1862]]
SEC. 866. PLAN TO INCREASE NUMBER OF CONTRACTORS ELIGIBLE FOR
CONTRACTS UNDER AIR FORCE NETCENTS-2
CONTRACT.
(a) <<NOTE: Deadline.>> Plan Required.--Not later than 180 days
after the date of the enactment of this Act, the Secretary of Defense
shall submit to the congressional defense committees a plan to increase
the number of contractors eligible to be awarded contracts under the Air
Force's Network-Centric Solutions-2 (NETCENTS-2) indefinite-delivery,
indefinite-quantity (IDIQ) contract.
(b) Content.--The plan required under subsection (a) shall include
the following elements:
(1) A recommendation and rationale for a maximum number of
contractors to be eligible for contract awards under NETCENTS-2
to foster competition and reduce overall costs associated with
hardware and operation and maintenance of Air Networks.
(2) The methodology used to periodically review existing
eligible NETCENTS-2 contractors and contracts.
(3) A timeline to increase the current number of eligible
contractors under NETCENTS-2 and dates of future ``on-ramps''
under NETCENTS-2 to assess current eligible contractors and add
additional eligible contractors.
SEC. 867. INCLUSION OF INFORMATION ON PREVALENT GROUNDS FOR
SUSTAINING BID PROTESTS IN ANNUAL PROTEST
REPORT BY COMPTROLLER GENERAL TO CONGRESS.
Section 3554(e)(2) of title 31, United States Code, is amended by
adding at the end the following: ``The report shall also include a
summary of the most prevalent grounds for sustaining protests during
such preceding year.''.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Subtitle A--Department of Defense Management
Sec. 901. Additional duties of Deputy Assistant Secretary of Defense for
Manufacturing and Industrial Base Policy and amendments to
Strategic Materials Protection Board.
Sec. 902. Requirement for focus on urgent operational needs and rapid
acquisition.
Sec. 903. Designation of Department of Defense senior official for
enterprise resource planning system data conversion.
Sec. 904. Additional responsibilities and resources for Deputy Assistant
Secretary of Defense for Developmental Test and Evaluation.
Sec. 905. Definition and report on terms ``preparation of the
environment'' and ``operational preparation of the
environment'' for joint doctrine purposes.
Sec. 906. Information for Deputy Chief Management Officer of the
Department of Defense from the military departments and
Defense Agencies for defense business system investment
reviews.
Subtitle B--Space Activities
Sec. 911. Reports on integration of acquisition and capability delivery
schedules for segments of major satellite acquisition
programs and funding for such programs.
Sec. 912. Commercial space launch cooperation.
Sec. 913. Limitation on international agreements concerning outer space
activities.
Sec. 914. Operationally Responsive Space Program Office.
Sec. 915. Report on overhead persistent infrared technology.
Sec. 916. Assessment of foreign components and the space launch
capability of the United States.
Sec. 917. Report on counter space technology.
[[Page 126 STAT. 1863]]
Subtitle C--Intelligence-Related Activities
Sec. 921. Authority to provide geospatial intelligence support to
certain security alliances and regional organizations.
Sec. 922. Technical amendments to reflect change in name of National
Defense Intelligence College to National Intelligence
University.
Sec. 923. Review of Army Distributed Common Ground System.
Sec. 924. Electro-optical imagery.
Sec. 925. Defense Clandestine Service.
Subtitle D--Cyberspace-Related Matters
Sec. 931. Implementation strategy for Joint Information Environment.
Sec. 932. Next-generation host-based cyber security system for the
Department of Defense.
Sec. 933. Improvements in assurance of computer software procured by the
Department of Defense.
Sec. 934. Competition in connection with Department of Defense tactical
data link systems.
Sec. 935. Collection and analysis of network flow data.
Sec. 936. Competition for large-scale software database and data
analysis tools.
Sec. 937. Software licenses of the Department of Defense.
Sec. 938. Sense of Congress on potential security risks to Department of
Defense networks.
Sec. 939. Quarterly cyber operations briefings.
Sec. 940. Sense of Congress on the United States Cyber Command.
Sec. 941. Reports to Department of Defense on penetrations of networks
and information systems of certain contractors.
Subtitle E--Other Matters
Sec. 951. Advice on military requirements by Chairman of Joint Chiefs of
Staff and Joint Requirements Oversight Council.
Sec. 952. Enhancement of responsibilities of the Chairman of the Joint
Chiefs of Staff regarding the national military strategy.
Sec. 953. One-year extension of authority to waive reimbursement of
costs of activities for nongovernmental personnel at
Department of Defense regional centers for security studies.
Sec. 954. National Language Service Corps.
Sec. 955. Savings to be achieved in civilian personnel workforce and
service contractor workforce of the Department of Defense.
Sec. 956. Expansion of persons eligible for expedited Federal hiring
following completion of National Security Education Program
scholarship.
Subtitle A--Department of Defense Management
SEC. 901. ADDITIONAL DUTIES OF DEPUTY ASSISTANT SECRETARY OF
DEFENSE FOR MANUFACTURING AND INDUSTRIAL
BASE POLICY AND AMENDMENTS TO STRATEGIC
MATERIALS PROTECTION BOARD.
(a) Responsibilities of Deputy Assistant Secretary.--Section 139c(b)
of title 10, United States Code, is amended--
(1) by striking paragraphs (1) through (4) and inserting the
following:
``(1) Providing input to strategy reviews, including
quadrennial defense reviews conducted pursuant to section 118 of
this title, on matters related to--
``(A) the defense industrial base; and
``(B) materials critical to national security.
``(2) Establishing policies of the Department of Defense for
developing and maintaining the defense industrial base of the
United States and ensuring a secure supply of materials critical
to national security.
``(3) Providing recommendations on budget matters pertaining
to the industrial base, the supply chain, and the
[[Page 126 STAT. 1864]]
development and retention of skills necessary to support the
industrial base.
``(4) Providing recommendations and acquisition policy
guidance on supply chain management and supply chain
vulnerability throughout the entire supply chain, from suppliers
of raw materials to producers of major end items.'';
(2) by striking paragraph (5) and redesignating paragraphs
(6), (7), (8), (9), and (10) as paragraphs (5), (6), (7), (8),
and (9), respectively;
(3) by inserting after paragraph (9), as so redesignated,
the following new paragraph (10):
``(10) Providing policy and oversight of matters related to
materials critical to national security to ensure a secure
supply of such materials to the Department of Defense.'';
(4) by redesignating paragraph (15) as paragraph (18); and
(5) by inserting after paragraph (14) the following new
paragraphs:
``(15) Coordinating with the Director of Small Business
Programs on all matters related to industrial base policy of the
Department of Defense.
``(16) Ensuring reliable sources of materials critical to
national security, such as specialty metals, armor plate, and
rare earth elements.
``(17) Establishing policies of the Department of Defense
for continued reliable resource availability from secure sources
for the industrial base of the United States.''.
(b) Materials Critical to National Security Defined.--Section 139c
of such title is further amended by adding at the end the following new
subsection:
``(d) Materials Critical to National Security Defined.--In this
section, the term `materials critical to national security' has the
meaning given that term in section 187(e)(1) of this title.''.
(c) Amendments to Strategic Materials Protection Board.--
(1) Membership.--Paragraph (2) of section 187(a) of such
title is amended to read as follows:
``(2) The Board shall be composed of the following:
``(A) The Deputy Assistant Secretary of Defense for
Manufacturing and Industrial Base Policy, who shall be the
chairman of the Board.
``(B) The Administrator of the Defense Logistics Agency
Strategic Materials, or any successor organization, who shall be
the vice chairman of the Board.
``(C) A designee of the Assistant Secretary of the Army for
Acquisition, Logistics, and Technology.
``(D) A designee of the Assistant Secretary of the Navy for
Research, Development, and Acquisition.
``(E) A designee of the Assistant Secretary of the Air Force
for Acquisition.''.
(2) Duties.--Paragraphs (3) and (4) of section 187(b) of
such title are each amended by striking ``President'' and
inserting ``Secretary''.
(3) Meetings.--Section 187(c) of such title is amended by
striking ``Secretary of Defense'' and inserting ``Deputy
Assistant Secretary of Defense for Manufacturing and Industrial
Base Policy''.
[[Page 126 STAT. 1865]]
(4) Reports.--Section 187(d) of such title is amended to
read as follows:
``(d) Reports.--(1) Subject to paragraph (2), after each meeting of
the Board, the Board shall prepare a report containing the results of
the meeting and such recommendations as the Board determines
appropriate. Each such report shall be submitted to the congressional
defense committees, together with comments and recommendations from the
Secretary of Defense, not later than 90 days after the meeting covered
by the report.
``(2) In any year in which the Board meets more than once, each
report prepared by the Board as required by paragraph (1) may be
combined into one annual report and submitted as provided by paragraph
(1) not later than 90 days after the last meeting of the year.''.
SEC. 902. <<NOTE: 10 USC 2302 note.>> REQUIREMENT FOR FOCUS ON
URGENT OPERATIONAL NEEDS AND RAPID
ACQUISITION.
(a) Designation of Senior Official Responsible for Focus on Urgent
Operational Needs and Rapid Acquisition.--
(1) In general.--The Secretary of Defense, after
consultation with the Secretaries of the military departments,
shall designate a senior official in the Office of the Secretary
of Defense as the principal official of the Department of
Defense responsible for leading the Department's actions on
urgent operational needs and rapid acquisition, in accordance
with this section.
(2) Staff and resources.--The Secretary shall assign to the
senior official designated under paragraph (1) appropriate staff
and resources necessary to carry out the official's functions
under this section.
(b) Responsibilities.--The senior official designated under
subsection (a) shall be responsible for the following:
(1) Acting as an advocate within the Department of Defense
for issues related to the Department's ability to rapidly
respond to urgent operational needs, including programs funded
and carried out by the military departments.
(2) Improving visibility of urgent operational needs
throughout the Department, including across the military
departments, the Defense Agencies, and all other entities and
processes in the Department that address urgent operational
needs.
(3) Ensuring that tools and mechanisms are used to track,
monitor, and manage the status of urgent operational needs
within the Department, from validation through procurement and
fielding, including a formal feedback mechanism for the Armed
Forces to provide information on how well fielded solutions are
meeting urgent operational needs.
(c) Urgent Operational Needs Defined.--In this section, the term
``urgent operational needs'' means capabilities that are determined by
the Secretary of Defense, pursuant to the review process required by
section 804(b) of the Ike Skelton National Defense Authorization Act for
Fiscal Year 2011 (10 U.S.C. 2302 note), to be suitable for rapid
fielding in response to urgent operational needs.
[[Page 126 STAT. 1866]]
SEC. 903. <<NOTE: 10 USC 113 note.>> DESIGNATION OF DEPARTMENT OF
DEFENSE SENIOR OFFICIAL FOR ENTERPRISE
RESOURCE PLANNING SYSTEM DATA CONVERSION.
Not <<NOTE: Deadline.>> later than 90 days after the date of the
enactment of this Act, the Secretary of Defense shall--
(1) designate a senior official of the Department of Defense
as the official with principal responsibility for coordination
and management oversight of data conversion for all enterprise
resource planning systems of the Department; and
(2) set forth the responsibilities of that senior official
with respect to such data conversion.
SEC. 904. ADDITIONAL RESPONSIBILITIES AND RESOURCES FOR DEPUTY
ASSISTANT SECRETARY OF DEFENSE FOR
DEVELOPMENTAL TEST AND EVALUATION.
(a) Direct Communication.--Section 139b(a)(3) of title 10, United
States Code, is amended by striking ``to the Under Secretary'' before
the period and inserting ``to the Under Secretary. The Deputy Assistant
Secretary may communicate views on matters within the responsibility of
the Deputy Assistant Secretary directly to the Under Secretary without
obtaining the approval or concurrence of any other official within the
Department of Defense''.
(b) Duties.--Section 139b(a)(5) of such title is amended--
(1) in subparagraph (A)(i), by striking ``in the Department
of Defense'' and inserting ``in the military departments and
other elements of the Department of Defense'';
(2) in subparagraph (B), by striking ``review and approve''
and inserting ``review and approve or disapprove'';
(3) in subparagraph (C), by striking ``programs'' and
inserting ``programs (including the activities of chief
developmental testers and lead developmental test evaluation
organizations designated in accordance with subsection (c))'';
(4) in subparagraph (E), by striking ``and'' after the
semicolon at the end; and
(5) by redesignating subparagraph (F) as subparagraph (G)
and by inserting after subparagraph (E) the following new
subparagraph (F):
``(F) in consultation with the Assistant Secretary
of Defense for Research and Engineering, assess the
technological maturity and integration risk of critical
technologies at key stages in the acquisition process;
and''.
(c) Concurrent Service.--Section 139b(a)(7) of such title is amended
by striking ``may'' and inserting ``shall''.
(d) Resources.--Section 139b(a) of such title is amended by adding
at the end the following new paragraph:
``(8) Resources.--
``(A) <<NOTE: President.>> The President shall
include in the budget transmitted to Congress, pursuant
to section 1105 of title 31, for each fiscal year, a
separate statement of estimated expenditures and
proposed appropriations for the fiscal year for the
activities of the Deputy Assistant Secretary of Defense
for Developmental Test and Evaluation in carrying out
the duties and responsibilities of the Deputy Assistant
Secretary under this section.
``(B) The Deputy Assistant Secretary of Defense for
Developmental Test and Evaluation shall have sufficient
professional staff of military and civilian personnel to
[[Page 126 STAT. 1867]]
enable the Deputy Assistant Secretary to carry out the
duties and responsibilities prescribed by law.''.
(e) Consultations Relating to Technological Readiness.--
(1) Consultation on report on critical technologies.--
Section 138b(b)(2) of such title is amended by striking ``The
Assistant Secretary shall submit'' and inserting ``The Assistant
Secretary, in consultation with the Deputy Assistant Secretary
of Defense for Developmental Test and Evaluation, shall
submit''.
(2) Consultation during certification process for major
defense acquisition programs.--Section 2366b(a)(3)(D) of such
title is amended by striking ``the Assistant Secretary of
Defense for Research and Engineering'' and inserting ``the
Assistant Secretary of Defense for Research and Engineering, in
consultation with the Deputy Assistant Secretary of Defense for
Developmental Test and Evaluation''.
(f) Duties of Chief Developmental Tester and Lead Developmental Test
and Evaluation Organization.--Section 139b(c) of such title is amended--
(1) in paragraph (2), by striking ``shall be responsible
for'' and inserting ``, consistent with policies and guidance
issued pursuant to subsection (a)(5)(A), shall be responsible
for'';
(2) in paragraph (3), by striking ``shall be responsible
for'' and inserting ``, consistent with policies and guidance
issued pursuant to subsection (a)(5)(A), shall be responsible
for''; and
(3) by adding at the end the following new paragraph:
``(4) Transmittal of records and data.--The chief
developmental tester and the lead developmental test and
evaluation organization for a major defense acquisition program
shall promptly transmit to the Deputy Assistant Secretary of
Defense for Developmental Test and Evaluation any records or
data relating to the program that are requested by the Deputy
Assistant Secretary, as provided in subsection (a)(6).''.
(g) Annual Report.--Section 139b(d) of such title is amended--
(1) in the subsection heading, by striking ``Joint'';
(2) by redesignating paragraphs (1), (2), (3), and (4) as
subparagraphs (A), (B), (C), and (D), respectively, and moving
each subparagraph (as so redesignated) two ems to the right;
(3) by striking ``Not later than March 31'' and inserting:
``(1) In general.--Not later than March 31'';
(4) in the matter appearing before subparagraph (A), as so
redesignated, by striking ``jointly'' and inserting ``each'';
and
(5) by adding at the end the following new paragraph:
``(2) Additional requirements for report by deputy assistant
secretary of defense for developmental test and evaluation.--
With respect to the report required under paragraph (1) by the
Deputy Assistant Secretary of Defense for Developmental Test and
Evaluation, the report shall include--
``(A) a separate section that covers the activities
of the Department of Defense Test Resource Management
Center (established under section 196 of this title)
during the preceding year; and
``(B) a separate section that addresses the adequacy
of the resources available to the Deputy Assistant
Secretary of Defense for Developmental Test and
Evaluation and to the lead developmental test and
evaluation organizations
[[Page 126 STAT. 1868]]
of the military departments to carry out the
responsibilities prescribed by this section.''.
(h) <<NOTE: 10 USC 133 note.>> Reports to Congress on Failure To
Comply With Recommendations.--
(1) Report required.--Not later than 60 days after the end
of each fiscal year, from fiscal year 2013 through fiscal year
2018, the Under Secretary of Defense for Acquisition,
Technology, and Logistics shall submit to the congressional
defense committees a report on each case in which a major
defense acquisition program, in the preceding fiscal year--
(A) proceeded to implement a test and evaluation
master plan notwithstanding a decision of the Deputy
Assistant Secretary of Defense for Developmental Test
and Evaluation to disapprove the developmental test and
evaluation plan within that plan in accordance with
section 139b(a)(5)(B) of title 10, United States Code;
or
(B) proceeded to initial operational testing and
evaluation notwithstanding a determination by the Deputy
Assistant Secretary of Defense for Developmental Test
and Evaluation on the basis of an assessment of
operational test readiness that the program is not ready
for operational testing.
(2) Matters covered.--
(A) For each program covered by paragraph (1)(A),
the report shall include the following:
(i) A description of the specific aspects of
the developmental test and evaluation plan that
the Deputy Assistant Secretary determined to be
inadequate.
(ii) An explanation of the reasons why the
program disregarded the Deputy Assistant
Secretary's recommendations with regard to those
aspects of the developmental test and evaluation
plan.
(iii) The steps taken to address those aspects
of the developmental test and evaluation plan and
address the concerns of the Deputy Assistant
Secretary.
(B) For each program covered by paragraph (1)(B),
the report shall include the following:
(i) An explanation of the reasons why the
program proceeded to initial operational testing
and evaluation notwithstanding the findings of the
assessment of operational test readiness.
(ii) A description of the aspects of the
approved testing and evaluation master plan that
had to be set aside to enable the program to
proceed to initial operational testing and
evaluation.
(iii) A description of how the program
addressed the specific areas of concern raised in
the assessment of operational test readiness.
(iv) A statement of whether initial
operational testing and evaluation identified any
significant shortcomings in the program.
(3) Additional congressional notification.--Not later than
30 days after any decision to conduct developmental testing on a
major defense acquisition program without an approved test and
evaluation master plan in place, the Under
[[Page 126 STAT. 1869]]
Secretary of Defense for Acquisition, Technology, and Logistics
shall provide to the congressional defense committees a written
explanation of the basis for the decision and a timeline for
getting an approved plan in place.
SEC. 905. DEFINITION AND REPORT ON TERMS ``PREPARATION OF THE
ENVIRONMENT'' AND ``OPERATIONAL
PREPARATION OF THE ENVIRONMENT'' FOR JOINT
DOCTRINE PURPOSES.
(a) Definitions Required.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of Defense shall define for
purposes of joint doctrine the following terms:
(1) The term ``preparation of the environment''.
(2) The term ``operational preparation of the environment''.
(b) Report Required.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives a report on the terms defined under subsection
(a). The report shall include the following:
(A) The definition of the term ``preparation of the
environment'' pursuant to subsection (a).
(B) Examples of activities meeting the definition of
the term ``preparation of the environment'' by special
operations forces and general purpose forces.
(C) The definition of the term ``operational
preparation of the environment'' pursuant to subsection
(a).
(D) Examples of activities meeting the definition of
the term ``operational preparation of the environment''
by special operations forces and general purpose forces.
(E) An assessment of the appropriate roles of
special operations forces and general purpose forces in
conducting activities meeting the definition of the term
``preparation of the environment'' and the definition of
the term ``operational preparation of the environment''.
(2) Form.--The report required by paragraph (1) shall be
submitted in unclassified form, but may include a classified
annex.
SEC. 906. INFORMATION FOR DEPUTY CHIEF MANAGEMENT OFFICER OF THE
DEPARTMENT OF DEFENSE FROM THE MILITARY
DEPARTMENTS AND DEFENSE AGENCIES FOR
DEFENSE BUSINESS SYSTEM INVESTMENT
REVIEWS.
Section 2222(g) of title 10, United States Code, is amended by
adding at the end the following new paragraph:
``(3)(A) The investment management process required by paragraph (1)
shall include requirements for the military departments and the Defense
Agencies to make available to the Deputy Chief Management Officer such
information on covered defense business system programs and other
business functions as the Deputy Chief Management Officer shall require
for the review of defense business system programs under the process.
Such information shall be made available to the Deputy Chief Management
Officer through existing data sources or in a standardized format
established by the Deputy Chief Management Officer for purposes of this
paragraph.''.
[[Page 126 STAT. 1870]]
Subtitle B--Space Activities
SEC. 911. REPORTS ON INTEGRATION OF ACQUISITION AND CAPABILITY
DELIVERY SCHEDULES FOR SEGMENTS OF MAJOR
SATELLITE ACQUISITION PROGRAMS AND FUNDING
FOR SUCH PROGRAMS.
(a) In General.--Chapter 135 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 2275. <<NOTE: 10 USC 2275.>> Reports on integration of
acquisition and capability delivery schedules
for segments of major satellite acquisition
programs and funding for such programs
``(a) Reports Required.--The Under Secretary of Defense for
Acquisition, Technology, and Logistics shall submit to the congressional
defense committees a report on each major satellite acquisition program
in accordance with subsection (d) that assesses--
``(1) the integration of the schedules for the acquisition
and the delivery of the capabilities of the segments for the
program; and
``(2) funding for the program.
``(b) Elements.--Each report required by subsection (a) with respect
to a major satellite acquisition program shall include the following:
``(1) The amount of funding approved for the program and for
each segment of the program that is necessary for full
operational capability of the program.
``(2) The dates by which the program and each segment of the
program is anticipated to reach initial and full operational
capability.
``(3) A description of the intended primary capabilities and
key performance parameters of the program.
``(4) An assessment of the extent to which the schedules for
the acquisition and the delivery of the capabilities of the
segments for the program or any related program referred to in
paragraph (1) are integrated.
``(5) If the Under Secretary determines pursuant to the
assessment under paragraph (4) that the program is a non-
integrated program, an identification of--
``(A) the impact on the mission of the program of
having the delivery of the segment capabilities of the
program more than one year apart;
``(B) the measures the Under Secretary is taking or
is planning to take to improve the integration of the
acquisition and delivery schedules of the segment
capabilities; and
``(C) the risks and challenges that impede the
ability of the Department of Defense to fully integrate
those schedules.
``(c) Consideration by Milestone Decision Authority.--The Milestone
Decision Authority shall include the report required by subsection (a)
with respect to a major satellite acquisition program as part of the
documentation used to approve the acquisition of the program.
``(d) Submittal of Reports.--(1) In the case of a major satellite
acquisition program initiated before the date of the enactment
[[Page 126 STAT. 1871]]
of the National Defense Authorization Act for Fiscal Year 2013, the
Under Secretary shall submit the report required by subsection (a) with
respect to the program not later than one year after such date of
enactment.
``(2) In the case of a major satellite acquisition program initiated
on or after the date of the enactment of the National Defense
Authorization Act for Fiscal Year 2013, the Under Secretary shall submit
the report required by subsection (a) with respect to the program at the
time of the Milestone B approval of the program.
``(e) Notification to Congress of Non-integrated Acquisition and
Capability Delivery Schedules.-- <<NOTE: Determination.>> If, after
submitting the report required by subsection (a) with respect to a major
satellite acquisition program, the Under Secretary determines that the
program is a non-integrated program, the Under Secretary shall, not
later than 30 days after making that determination, submit to the
congressional defense committees a report--
``(1) notifying the committees of that determination; and
``(2) identifying--
``(A) the impact on the mission of the program of
having the delivery of the segment capabilities of the
program more than one year apart;
``(B) the measures the Under Secretary is taking or
is planning to take to improve the integration of the
acquisition and delivery schedules of the segment
capabilities; and
``(C) the risks and challenges that impede the
ability of the Department of Defense to fully integrate
those schedules.
``(f) Annual Updates for Non-integrated Programs.--
``(1) Requirement.--For each major satellite acquisition
program that the Under Secretary has determined under subsection
(b)(5) or subsection (e) is a non-integrated program, the Under
Secretary shall annually submit to Congress, at the same time
the budget of the President for a fiscal year is submitted under
section 1105 of title 31, an update to the report required by
subsection (a) for such program.
``(2) <<NOTE: Notification.>> Termination of requirement.--
The requirement to submit an annual report update for a program
under paragraph (1) shall terminate on the date on which the
Under Secretary submits to the congressional defense committees
notice that the Under Secretary has determined that such program
is no longer a non-integrated program, or on the date that is
five years after the date on which the initial report update
required under paragraph (1) is submitted, whichever is earlier.
``(3) GAO review of certain non-integrated programs.--If at
the time of the termination of the requirement to annually
update a report for a program under paragraph (1) the Under
Secretary has not provided notice to the congressional defense
committees that the Under Secretary has determined that the
program is no longer a non-integrated program, the Comptroller
General shall conduct a review of such program and submit the
results of such review to the congressional defense committees.
``(g) Definitions.--In this section:
``(1) Segments.--The term `segments', with respect to a
major satellite acquisition program, refers to any satellites
acquired under the program and the ground equipment and
[[Page 126 STAT. 1872]]
user terminals necessary to fully exploit the capabilities
provided by those satellites.
``(2) Major satellite acquisition program.--The term `major
satellite acquisition program' means a major defense acquisition
program (as defined in section 2430 of this title) for the
acquisition of a satellite.
``(3) Milestone b approval.--The term `Milestone B approval'
has the meaning given that term in section 2366(e)(7) of this
title.
``(4) Non-integrated program.--The term `non-integrated
program' means a program with respect to which the schedules for
the acquisition and the delivery of the capabilities of the
segments for the program, or a related program that is necessary
for the operational capability of the program, provide for the
acquisition or the delivery of the capabilities of at least two
of the three segments for the program or related program more
than one year apart.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 135 of such title <<NOTE: 10 USC prec. 2271.>> is amended by
adding at the end the following new item:
``2275. Reports on integration of acquisition and capability delivery
schedules for segments of major satellite acquisition
programs and funding for such programs.''.
SEC. 912. COMMERCIAL SPACE LAUNCH COOPERATION.
(a) In General.--Chapter 135 of title 10, United States Code, as
amended by section 911 of this Act, is further amended by adding at the
end the following new section:
``Sec. 2276. <<NOTE: 10 USC 2276.>> Commercial space launch
cooperation
``(a) Authority.--The Secretary of Defense may take such actions as
the Secretary considers to be in the best interest of the Federal
Government to--
``(1) maximize the use of the capacity of the space
transportation infrastructure of the Department of Defense by
the private sector in the United States;
``(2) maximize the effectiveness and efficiency of the space
transportation infrastructure of the Department of Defense;
``(3) reduce the cost of services provided by the Department
of Defense related to space transportation infrastructure at
launch support facilities and space recovery support facilities;
``(4) encourage commercial space activities by enabling
investment by covered entities in the space transportation
infrastructure of the Department of Defense; and
``(5) foster cooperation between the Department of Defense
and covered entities.
``(b) Authority for Contracts and Other Agreements Relating to Space
Transportation Infrastructure.--The Secretary of Defense--
``(1) may enter into an agreement with a covered entity to
provide the covered entity with support and services related to
the space transportation infrastructure of the Department of
Defense; and
``(2) <<NOTE: Determination.>> upon the request of such
covered entity, may include such support and services in the
space launch and reentry range support requirements of the
Department of Defense if--
[[Page 126 STAT. 1873]]
``(A) the Secretary determines that the inclusion of
such support and services in such requirements--
``(i) is in the best interest of the Federal
Government;
``(ii) does not interfere with the
requirements of the Department of Defense; and
``(iii) does not compete with the commercial
space activities of other covered entities, unless
that competition is in the national security
interests of the United States; and
``(B) any commercial requirement included in the
agreement has full non-Federal funding before the
execution of the agreement.
``(c) Contributions.--
``(1) In general.--The Secretary of Defense may enter into
an agreement with a covered entity on a cooperative and
voluntary basis to accept contributions of funds, services, and
equipment to carry out this section.
``(2) Use of contributions.--Any funds, services, or
equipment accepted by the Secretary under this subsection--
``(A) may be used only for the objectives specified
in this section in accordance with terms of use set
forth in the agreement entered into under this
subsection; and
``(B) shall be managed by the Secretary in
accordance with regulations of the Department of
Defense.
``(3) Requirements with respect to agreements.--An agreement
entered into with a covered entity under this subsection--
``(A) shall address the terms of use, ownership, and
disposition of the funds, services, or equipment
contributed pursuant to the agreement; and
``(B) shall include a provision that the covered
entity will not recover the costs of its contribution
through any other agreement with the United States.
``(d) Defense Cooperation Space Launch Account.--
``(1) Establishment.--There is established in the Treasury
of the United States a special account to be known as the
`Defense Cooperation Space Launch Account'.
``(2) Crediting of funds.--Funds received by the Secretary
of Defense under subsection (c) shall be credited to the Defense
Cooperation Space Launch Account.
``(3) Use of funds.--Funds deposited in the Defense
Cooperation Space Launch Account under paragraph (2) are
authorized to be appropriated and shall be available for
obligation only to the extent provided in advance in an
appropriation Act for costs incurred by the Department of
Defense in carrying out subsection (b). Funds in the Account
shall remain available until expended.
``(e) Annual Report.--Not later than January 31 of each year, the
Secretary of Defense shall submit to the congressional defense
committees a report on the funds, services, and equipment accepted and
used by the Secretary under this section during the preceding fiscal
year.
``(f) Regulations.--The Secretary of Defense shall prescribe
regulations to carry out this section.
``(g) Definitions.--In this section:
[[Page 126 STAT. 1874]]
``(1) Covered entity.--The term `covered entity' means a
non-Federal entity that--
``(A) is organized under the laws of the United
States or of any jurisdiction within the United States;
and
``(B) is engaged in commercial space activities.
``(2) Launch support facilities.--The term `launch support
facilities' has the meaning given the term in section 50501(7)
of title 51.
``(3) Space recovery support facilities.--The term `space
recovery support facilities' has the meaning given the term in
section 50501(11) of title 51.
``(4) Space transportation infrastructure.--The term `space
transportation infrastructure' has the meaning given that term
in section 50501(12) of title 51.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter, as so amended, <<NOTE: 10 USC prec. 2271.>> is further
amended by adding at the end the following new item:
``2276. Commercial space launch cooperation.''.
SEC. 913. LIMITATION ON INTERNATIONAL AGREEMENTS CONCERNING OUTER
SPACE ACTIVITIES.
(a) <<NOTE: 51 USC 30701 note.>> Certification Required.--If the
United States becomes a signatory to a non-legally binding international
agreement concerning an International Code of Conduct for Outer Space
Activities or any similar agreement, at the same time as the United
States becomes such a signatory--
(1) <<NOTE: President.>> the President shall submit to the
congressional defense committees, the Permanent Select Committee
on Intelligence of the House of Representatives, and the Select
Committee on Intelligence of the Senate a certification that
such agreement has no legally-binding effect or basis for
limiting the activities of the United States in outer space; and
(2) the Secretary of Defense, the Chairman of the Joint
Chiefs of Staff, and the Director of National Intelligence shall
jointly submit to the congressional defense committees a
certification that such agreement will be equitable, enhance
national security, and have no militarily significant impact on
the ability of the United States to conduct military or
intelligence activities in space.
(b) <<NOTE: 51 USC 30701 note.>> Briefings and Notifications
Required.--
(1) Restatement of policy formulation under the arms control
and disarmament act with respect to outer space.--No action
shall be taken that would obligate the United States to reduce
or limit the Armed Forces or armaments of the United States in
outer space in a militarily significant manner, except pursuant
to the treaty-making power of the President set forth in Article
II, Section 2, Clause II of the Constitution or unless
authorized by the enactment of further affirmative legislation
by the Congress of the United States.
(2) Briefings.--
(A) Requirement.--The Secretary of Defense, the
Secretary of State, and the Director of National
Intelligence shall jointly provide to the covered
congressional committees regular, detailed updates on
the negotiation of a non-legally binding international
agreement concerning an International Code of Conduct
for Outer Space Activities or any similar agreement.
[[Page 126 STAT. 1875]]
(B) Termination of
requirement. <<NOTE: President. Certification.>> --The
requirement to provide regular briefings under
subparagraph (A) shall terminate on the date on which
the United States becomes a signatory to an agreement
referred to in subparagraph (A), or on the date on which
the President certifies to Congress that the United
States is no longer negotiating an agreement referred to
in subparagraph (A), whichever is earlier.
(3) <<NOTE: Deadline.>> Notifications.--If the United States
becomes a signatory to a non-legally binding international
agreement concerning an International Code of Conduct for Outer
Space Activities or any similar agreement, not less than 60 days
prior to any action that will obligate the United States to
reduce or limit the Armed Forces or armaments or activities of
the United States in outer space, the head of each Department or
agency of the Federal Government that is affected by such action
shall submit to Congress notice of such action and the effect of
such action on such Department or agency.
(4) Definition.--In this subsection, the term ``covered
congressional committees'' means--
(A) the Committee on Armed Services, the Committee
on Foreign Affairs, and the Permanent Select Committee
on Intelligence of the House of Representatives; and
(B) the Committee on Armed Services, the Committee
on Foreign Relations, and the Select Committee on
Intelligence of the Senate.
(c) Report on Foreign Counter-space Programs.--
(1) Report required.--Chapter 135 of title 10, United States
Code, as amended by section 912 of this Act, is further amended
by adding at the end the following new section:
``Sec. 2277. <<NOTE: 10 USC 2277.>> Report on foreign counter-
space programs
``(a) Report Required.--Not later than January 1 of each year, the
Secretary of Defense and the Director of National Intelligence shall
jointly submit to Congress a report on the counter-space programs of
foreign countries.
``(b) Contents.--Each report required under subsection (a) shall
include--
``(1) an explanation of whether any foreign country has a
counter-space program that could be a threat to the national
security or commercial space systems of the United States; and
``(2) the name of each country with a counter-space program
described in paragraph (1).
``(c) Form.--
``(1) In general.--Except as provided in paragraphs (2) and
(3), each report required under subsection (a) shall be
submitted in unclassified form.
``(2) Classified annex.--The Secretary of Defense and the
Director of National Intelligence may submit to the covered
congressional committees a classified annex to a report required
under subsection (a) containing any classified information
required to be submitted for such report.
``(3) Foreign country names.--
``(A) Unclassified form.--Subject to subparagraph
(B), each report required under subsection (a) shall
include
[[Page 126 STAT. 1876]]
the information required under subsection (b)(2) in
unclassified form.
``(B) <<NOTE: Determination.>> National security
waiver.--The Secretary of Defense and the Director of
National Intelligence may waive the requirement under
subparagraph (A) if the Secretary and the Director of
National Intelligence jointly determine it is in the
interests of national security to waive such requirement
and submits to Congress an explanation of why the
Secretary and the Director waived such requirement.
``(d) Covered Congressional Committees Defined.--In this section,
the term `covered congressional committees' means the Committee on Armed
Services and the Permanent Select Committee on Intelligence of the House
of Representatives and the Committee on Armed Services and the Select
Committee on Intelligence of the Senate.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 135 of title 10, United States Code, as so
amended, <<NOTE: 10 USC prec. 2271.>> is further amended by
adding at the end the following new item:
``2277. Report on foreign counter-space programs.''.
SEC. 914. OPERATIONALLY RESPONSIVE SPACE PROGRAM OFFICE.
(a) In General.--Subsection (a) of section 2273a of title 10, United
States Code, is amended to read as follows:
``(a) <<NOTE: Establishment.>> In General.--There is within the Air
Force Space and Missile Systems Center of the Department of Defense a
joint program office known as the Operationally Responsive Space Program
Office (in this section referred to as the `Office'). The facilities of
the Office may not be co-located with the headquarters facilities of the
Air Force Space and Missile Systems Center.''.
(b) Head of Office.--Subsection (b) of such section is amended by
striking ``shall be--'' and all that follows and inserting ``shall be
the designee of the Department of Defense Executive Agent for Space. The
head of the Office shall report to the Commander of the Air Force Space
and Missile Systems Center.''.
(c) Mission.--Subsection (c)(1) of such section is amended by
striking ``spacelift'' and inserting ``launch''.
(d) Senior Acquisition Executive.--Paragraph (1) of subsection (e)
of such section is amended to read as follows:
``(1) The Program Executive Officer for Space shall be the
Acquisition Executive of the Office and shall provide
streamlined acquisition authorities for projects of the
Office.''.
(e) Executive Committee.--Such section is further amended by adding
at the end the following new subsection:
``(g) <<NOTE: Establishment.>> Executive Committee.--(1) The
Secretary of Defense shall establish for the Office an Executive
Committee (to be known as the `Operationally Responsive Space Executive
Committee') to provide coordination, oversight, and approval of projects
of the Office.
``(2) The Executive Committee shall consist of the officials (and
their duties) as follows:
``(A) The Department of Defense Executive Agent for Space,
who shall serve as Chair of the Executive Committee and provide
oversight, prioritization, coordination, and resources for the
Office.
[[Page 126 STAT. 1877]]
``(B) The Under Secretary of Defense for Acquisition,
Technology, and Logistics, who shall provide coordination and
oversight of the Office and recommend funding sources for
programs of the Office that exceed the approved program
baseline.
``(C) The Commander of the United States Strategic Command,
who shall validate requirements for systems to be acquired by
the Office and participate in approval of any acquisition
program initiated by the Office.
``(D) The Commander of the Air Force Space Command, the
Commander of the Army Space and Missile Defense Command, and the
Commander of the Space and Naval Warfare Systems Command, who
shall jointly organize, train, and equip forces to support the
acquisition programs of the Office.
``(E) Such other officials (and their duties) as the
Secretary of Defense considers appropriate.''.
SEC. 915. REPORT ON OVERHEAD PERSISTENT INFRARED TECHNOLOGY.
(a) Report.--Not later than 180 days after the date of the enactment
of this Act, the Secretary of Defense, in consultation with the Director
of National Intelligence, shall submit to the congressional defense
committees, the Permanent Select Committee on Intelligence of the House
of Representatives, and the Select Committee on Intelligence of the
Senate a report on overhead persistent infrared technology that
includes--
(1) an identification of the comprehensive overhead
persistent infrared technology requirements of the Department of
Defense and the intelligence community;
(2) a description of the strategy, plan, and budget for the
space layer, with supporting ground architecture, including key
decision points for the current and next generation overhead
persistent infrared technology with respect to missile warning,
missile defense, battlespace awareness, and technical
intelligence;
(3) an assessment of whether there are further opportunities
for the Department of Defense and the intelligence community to
capitalize on increased data sharing, fusion, interoperability,
and exploitation;
(4) recommendations on how to better coordinate the efforts
by the Department and the intelligence community to exploit
overhead persistent infrared sensor data; and
(5) any other relevant information that the Secretary
considers necessary.
(b) Comptroller General Assessment.--Not later than 90 days after
the date on which the Secretary of Defense submits the report required
under subsection (a), the Comptroller General of the United States shall
submit to the congressional defense committees an assessment of the
report required under subsection (a), including--
(1) an assessment of whether such report is comprehensive,
fully supported, and sufficiently detailed; and
(2) an identification of any shortcomings, limitations, or
other reportable matters that affect the quality or findings of
the report required under subsection (a).
(c) Intelligence Community Defined.--In this section, the term
``intelligence community'' has the meaning given that term
[[Page 126 STAT. 1878]]
in section 3(4) of the National Security Act of 1947 (50 U.S.C.
401a(4)).
SEC. 916. ASSESSMENT OF FOREIGN COMPONENTS AND THE SPACE LAUNCH
CAPABILITY OF THE UNITED STATES.
(a) Assessment.--The Under Secretary of Defense for Acquisition,
Technology, and Logistics shall conduct an independent assessment of the
national security implications of continuing to use foreign component
and propulsion systems for the launch vehicles under the evolved
expendable launch vehicle program.
(b) Report.--Not later than 180 days after the date of the enactment
of this Act, the Under Secretary of Defense for Acquisition, Technology,
and Logistics shall submit to the congressional defense committees a
report on the assessment conducted under subsection (a).
SEC. 917. REPORT ON COUNTER SPACE TECHNOLOGY.
(a) Report.--Not later than one year after the date of the enactment
of this Act, and annually thereafter for two years, the Secretary of
Defense shall submit to the congressional defense committees, the
Committee on Foreign Affairs of the House of Representatives, and the
Committee on Foreign Relations of the Senate a report based on all
available information (including the Counter Space Technology List of
the Department of State) describing key space technologies that could be
used, or are being sought, by a foreign country with a counter space or
ballistic missile program, and should be subject to export controls by
the United States or an ally of the United States, as appropriate.
(b) Form.--Each report required under subsection (a) shall be
submitted in unclassified form, but may include a classified annex.
Subtitle C--Intelligence-Related Activities
SEC. 921. AUTHORITY TO PROVIDE GEOSPATIAL INTELLIGENCE SUPPORT TO
CERTAIN SECURITY ALLIANCES AND REGIONAL
ORGANIZATIONS.
(a) Authorization.--Section 443(a) of title 10, United States Code,
is amended by striking ``foreign countries'' and inserting ``foreign
countries, regional organizations with defense or security components,
and security alliances of which the United States is a member''.
(b) Clerical Amendments.--
(1) Section heading.--The heading of section 443 of title
10, United States Code, is amended by striking ``foreign
countries'' and inserting ``foreign countries, regional
organizations, and security alliances''.
(2) Table of sections.--The table of sections at the
beginning of chapter 22 of title 10, United States
Code, <<NOTE: 10 USC prec. 441.>> is amended by striking the
item relating to section 443 and inserting the following new
item:
``443. Imagery intelligence and geospatial information: support for
foreign countries, regional organizations, and security
alliances.''.
(c) Reports.--
(1) In general.--Not later than January 15 during each of
2014 and 2015, the Director of the National Geospatial-
[[Page 126 STAT. 1879]]
Intelligence Agency shall submit to the appropriate
congressional committees an annual report on the imagery
intelligence or geospatial information support that the Director
provided to a regional organization or security alliance under
section 443(a) of title 10, United States Code, as amended by
subsection (a), during the year covered by the report, including
an identification of each such organization or alliance and the
number of times such organization or alliance received such
intelligence or support.
(2) Appropriate congressional committees defined.--In this
subsection, the term ``appropriate congressional committees''
means--
(A) the congressional defense committees; and
(B) the Permanent Select Committee on Intelligence
of the House of Representatives and the Select Committee
on Intelligence of the Senate.
SEC. 922. TECHNICAL AMENDMENTS TO REFLECT CHANGE IN NAME OF
NATIONAL DEFENSE INTELLIGENCE COLLEGE TO
NATIONAL INTELLIGENCE UNIVERSITY.
(a) Conforming Amendments To Reflect Name Change.--Section 2161 of
title 10, United States Code, is amended by striking ``National Defense
Intelligence College'' each place it appears and inserting ``National
Intelligence University''.
(b) <<NOTE: 10 USC prec. 2161.>> Clerical Amendments.--
(1) Section heading.--The heading of such section is amended
to read as follows:
``Sec. 2161. Degree granting authority for National Intelligence
University''.
(2) Table of sections.--The item related to such section in
the table of sections at the beginning of chapter 108 of such
title is amended to read as follows:
``2161. Degree granting authority for National Intelligence
University.''.
SEC. 923. REVIEW OF ARMY DISTRIBUTED COMMON GROUND SYSTEM.
(a) Review.--The Secretary of the Army shall direct the Army Systems
Acquisition Review Council to--
(1) review the Distributed Common Ground System program of
the Army; and
(2) <<NOTE: Reports. Deadline.>> report the results of such
review to the congressional defense committees not later than
180 days after the date of the enactment of this Act.
(b) Elements.--The review required under subsection (a) shall
include--
(1) an assessment of the current acquisition strategy for
the Distributed Common Ground System program of the Army to
determine the relevance of such program to the current and
emerging needs of the Army, including evolving technology needs
and architectural strategies;
(2) an assessment of the current technology performance to
meet existing program requirements, including interoperability,
net-readiness, and functional performance for both cloud-enabled
and disconnected operations;
(3) an analysis of competitive procedures that allow new and
emerging capabilities, including integration of quick reaction
capabilities, to be rapidly integrated into the architecture,
[[Page 126 STAT. 1880]]
including through the use of product fly-offs using
standardized, Government-provided common data sets that allow
for equitable comparisons of capabilities;
(4) an analysis of the current technological path to ensure
such path incorporates current best practices from industry and
is in concert with the emerging needs and requirements of the
Joint Information Environment;
(5) an assessment of such program to ensure appropriate
investments in human systems integration are being made to
ensure interface usability;
(6) an assessment of such program to ensure enterprise
knowledge management and training requirements are commensurate
with the anticipated force structure of the Army for the decade
following the date of the enactment of this Act; and
(7) recommendations for any changes that may be needed as a
result of the review.
SEC. 924. ELECTRO-OPTICAL IMAGERY.
(a) Identification of Department of Defense Electro-optical
Satellite Imagery Requirements.--
(1) Report.--Not later than April 1, 2013, the Chairman of
the Joint Requirements Oversight Council shall submit to the
Director of the Congressional Budget Office a report setting
forth a comprehensive description of Department of Defense
peacetime and wartime requirements for electro-optical satellite
imagery.
(2) Scope of requirements.--The requirements under paragraph
(1) shall--
(A) be expressed in such terms as are necessary,
which may include daily regional and global area
coverage and number of point targets, resolution,
revisit rates, mean-time to access, latency, redundancy,
survivability, and diversity; and
(B) take into consideration all types of imagery and
collection means available.
(b) Assessment of Identified Requirements.--
(1) <<NOTE: Deadline. Reports.>> In general.--Not later than
September 15, 2013, the Director of the Congressional Budget
Office shall submit to the appropriate committees of Congress a
report setting forth an assessment by the Director of the report
required by subsection (a).
(2) Elements.--The assessment required by paragraph (1)
shall include an assessment of the following:
(A) The extent to which the requirements of the
Department for electro-optical imagery from space can be
satisfied by commercial companies using either--
(i) current designs; or
(ii) enhanced designs that could be developed
at low risk.
(B) The estimated cost and schedule of satisfying
such requirements using commercial companies.
(3) Consultation and other resources.--In preparing the
assessment required by paragraph (1), the Director shall--
(A) consult widely with officials of the Government,
private industry, and academia; and
[[Page 126 STAT. 1881]]
(B) make maximum use of existing studies and
modeling and simulations.
(4) Access to information.--The Secretary of Defense shall
provide the appropriately cleared staff of the Director of the
Congressional Budget Office with such access to information and
programs applicable to the assessment required by paragraph (1)
as the Director of the Congressional Budget Office shall require
for the preparation of the assessment.
(c) Appropriate Committees of Congress Defined.--In this section,
the term ``appropriate committees of Congress'' means--
(1) the Committees on Armed Services and Appropriations and
the Select Committee on Intelligence of the Senate; and
(2) the Committees on Armed Services and Appropriations and
the Permanent Select Committee on Intelligence of the House of
Representatives.
SEC. 925. DEFENSE CLANDESTINE SERVICE.
(a) Prohibition on Use of Funds for Additional Personnel.--
(1) Prohibition.--Subject to paragraph (2), none of the
funds authorized to be appropriated by this Act may be obligated
or expended for--
(A) civilian personnel in the Department of Defense
conducting or supporting human intelligence in excess of
the number of such civilian personnel as of April 20,
2012; or
(B) positions in the Department of Defense served by
members of the Armed Forces conducting or supporting
human intelligence within the Department of Defense in
excess of the number of such positions as of April 20,
2012.
(2) Reduction of civilian personnel.--
(A) <<NOTE: Deadline.>> Reduction.--Subject to
subparagraph (B), if on the date of the enactment of
this Act the number of civilian personnel in the
Department of Defense conducting or supporting human
intelligence exceeds the number of such personnel as of
April 20, 2012, the Secretary of Defense shall, not
later than 30 days after the date of the enactment of
this Act, take appropriate action to promptly reduce,
consistent with reduction-in-force procedures, the total
number of such civilian personnel to the number of such
civilian personnel as of April 20, 2012.
(B) Exception.--For each civilian personnel in the
Department of Defense conducting or supporting human
intelligence in excess of the number of such civilian
personnel as of April 20, 2012, that the Secretary
considers necessary to maintain after the date of the
enactment of this Act during all or part of fiscal year
2013, the Secretary shall submit to the appropriate
committees of Congress a comprehensive justification for
maintaining such civilian personnel, including the
specific role, mission, and responsibilities of such
civilian personnel and whether such civilian personnel
was employed in another capacity in the Department of
Defense immediately prior to beginning the conduct or
support of human intelligence.
[[Page 126 STAT. 1882]]
(C) Limitation.--Notwithstanding any other provision
of this subsection, following the action taken by the
Secretary under subparagraph (A), the number of civilian
personnel in the Department of Defense conducting or
supporting human intelligence for fiscal year 2013 shall
not exceed the total of--
(i) the number of such civilian personnel as
of April 20, 2012; and
(ii) the number of such civilian personnel for
which the Secretary has submitted a justification
under subparagraph (B).
(b) CAPE Report on Costs.--Not later than 120 days after the date of
the enactment of this Act, the Director of Cost Assessment and Program
Evaluation of the Department of Defense, in consultation with the
Director of National Intelligence, shall submit to the appropriate
committees of Congress an independent, comprehensive estimate of the
costs of the Defense Clandestine Service, including an estimate of the
costs over the period of the current future-years defense program and
such years occurring after such period as the Director is able to
reasonably estimate.
(c) USDI Report on DCS.--
(1) Report required.--Not later than February 1, 2013, the
Under Secretary of Defense for Intelligence shall submit to the
appropriate committees of Congress a report on the Defense
Clandestine Service.
(2) Elements.--The report under paragraph (1) shall include
the following:
(A) A detailed description of the location and
schedule for current and anticipated deployments of case
officers trained under the Field Tradecraft Course and a
certification of whether each activity receiving a
deployment can accommodate and support the deployment.
(B) A statement of the objectives for the effective
management of case officers trained under the Field
Tradecraft Course. Such objectives shall include an
outline of career management tracks commencing with
accession, initial training requirement, number of
Defense Clandestine Service tours requiring Field
Tradecraft Course training, and objectives for
management of career tracks, including promotion
criteria.
(C) A statement of the manner in which each military
department and the Defense Intelligence Agency will each
achieve the objectives applicable under subparagraph
(B).
(D) A copy of any memoranda of understanding or
memoranda of agreement between the Department of Defense
and other departments and agencies of the United States
Government, or between components of the Department of
Defense, that are required to implement objectives for
the Defense Clandestine Service.
(d) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Armed Services, the Committee
on Appropriations, and the Select Committee on
Intelligence of the Senate; and
[[Page 126 STAT. 1883]]
(B) the Committee on Armed Services, the Committee
on Appropriations, and the Permanent Select Committee on
Intelligence of the House of Representatives.
(2) Future-years defense program.--The term ``future-years
defense program'' means the future-years defense program under
section 221 of title 10, United States Code.
Subtitle D--Cyberspace-Related Matters
SEC. 931. <<NOTE: Deadlines.>> IMPLEMENTATION STRATEGY FOR JOINT
INFORMATION ENVIRONMENT.
(a) Implementation Strategy.--Not later than March 31, 2013, the
Secretary of Defense shall submit to the congressional defense
committees a strategy for implementing the Joint Information
Environment. Such strategy shall include--
(1) a description for the vision for the Joint Information
Environment, including a roadmap for achieving such vision from
the existing baseline architecture;
(2) an assessment of the key milestones, metrics, and
resources needed to achieve such vision, including the
anticipated implementation cost and lifecycle cost savings of
the Joint Information Environment;
(3) a description of the acquisition strategy and management
plan for implementing the Joint Information Environment;
(4) an analysis of the key technical and policy challenges
that must be addressed to achieve such vision, including
assignment of responsibility for addressing such challenges;
(5) an identification of dependencies with existing
initiatives or programs and capability gaps not currently
addressed by funded initiatives or programs; and
(6) an assessment of the personnel challenges associated
with manning, training, operating, defending, and fighting in
the Joint Information Environment as a command and control and
weapon system.
(b) Personnel Plan.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense, in consultation with
the Chairman of the Joint Chiefs of Staff, shall submit to the
congressional defense committees a Department-wide personnel plan for
making the Joint Information Environment operational. Such personnel
plan shall be based on the strategy required under subsection (a) and
shall include a validated Joint Staff requirement for manpower levels
and the levels required for each of the military departments and combat
support agencies needed for full spectrum cyber operations, including
the national cyber defense mission and the operational plans of the
combatant commands, for each fiscal year across the current future-years
defense program.
SEC. 932. NEXT-GENERATION HOST-BASED CYBER SECURITY SYSTEM FOR THE
DEPARTMENT OF DEFENSE.
(a) Strategy for Acquisition of System Required.--The Chief
Information Officer of the Department of Defense shall, in consultation
with the Under Secretary of Defense for Acquisition, Technology, and
Logistics and the Commander of the United States Cyber Command, develop
a strategy to acquire next-generation
[[Page 126 STAT. 1884]]
host-based cyber security tools and capabilities (in this section
referred to as a ``next-generation system'') for the Department of
Defense.
(b) Elements of System.--It is the sense of Congress that any next-
generation system acquired under the strategy required by subsection (a)
should meet the following requirements:
(1) To overcome problems and limitations in current
capabilities, the system should not rely on techniques that--
(A) cannot address new or rapidly morphing threats;
(B) consume substantial amounts of communications
capacity to remain current with known threats and to
report current status; or
(C) consume substantial amounts of resources to
store rapidly growing threat libraries.
(2) The system should provide an open architecture-based
framework for so-called ``plug-and-play'' integration of a
variety of types of deployable tools, including appropriate
commercially available applications, in addition to cyber
intrusion detection tools, including tools for--
(A) insider threat detection;
(B) continuous monitoring and configuration
management;
(C) remediation following infections; and
(D) protection techniques that do not rely on
detection of the attack.
(3) The system should be designed for ease of deployment to
potentially millions of host devices of tailored security
solutions depending on need and risk, and to be compatible with
cloud-based, thin-client, and virtualized environments as well
as battlefield devices and weapons systems.
(c) <<NOTE: Reports.>> Submittal to Congress.--The Chief Information
Officer shall submit to Congress a report setting forth the strategy
required by subsection (a) together with the budget justification
materials of the Department of Defense submitted to Congress with the
budget of the President for fiscal year 2015 pursuant to section 1105(a)
of title 31, United States Code.
SEC. 933. <<NOTE: 10 USC 2224 note.>> IMPROVEMENTS IN ASSURANCE
OF COMPUTER SOFTWARE PROCURED BY THE
DEPARTMENT OF DEFENSE.
(a) Baseline Software Assurance Policy.--The Under Secretary of
Defense for Acquisition, Technology, and Logistics, in coordination with
the Chief Information Officer of the Department of Defense, shall
develop and implement a baseline software assurance policy for the
entire lifecycle of covered systems. Such policy shall be included as
part of the strategy for trusted defense systems of the Department of
Defense.
(b) Policy Elements.--The baseline software assurance policy under
subsection (a) shall--
(1) require use of appropriate automated vulnerability
analysis tools in computer software code during the entire
lifecycle of a covered system, including during development,
operational testing, operations and sustainment phases, and
retirement;
(2) require covered systems to identify and prioritize
security vulnerabilities and, based on risk, determine
appropriate remediation strategies for such security
vulnerabilities;
(3) ensure such remediation strategies are translated into
contract requirements and evaluated during source selection;
[[Page 126 STAT. 1885]]
(4) promote best practices and standards to achieve software
security, assurance, and quality; and
(5) support competition and allow flexibility and
compatibility with current or emerging software methodologies.
(c) Verification of Effective Implementation.--The Under Secretary
of Defense for Acquisition, Technology, and Logistics, in coordination
with the Chief Information Officer of the Department of Defense, shall--
(1) collect data on implementation of the policy developed
under subsection (a) and measure the effectiveness of such
policy, including the particular elements required under
subsection (b); and
(2) identify and promote best practices, tools, and
standards for developing and validating assured software for the
Department of Defense.
(d) Briefing on Additional Means of Improving Software
Assurance. <<NOTE: Deadline.>> --Not later than one year after the date
of the enactment of this Act, the Under Secretary for Acquisition,
Technology, and Logistics shall, in coordination with the Chief
Information Officer of the Department of Defense, provide to the
congressional defense committees a briefing on the following:
(1) A research and development strategy to advance
capabilities in software assurance and vulnerability detection.
(2) The state-of-the-art of software assurance analysis and
test.
(3) How the Department might hold contractors liable for
software defects or vulnerabilities.
(e) Definitions.--In this section:
(1) Covered system.--The term ``covered system'' means any
Department of Defense critical information, business, or weapons
system that is--
(A) a major system, as that term is defined in
section 2302(5) of title 10, United States Code;
(B) a national security system, as that term is
defined in section 3542(b)(2) of title 44, United States
Code; or
(C) a Department of Defense information system
categorized as Mission Assurance Category I in
Department of Defense Directive 8500.01E that is funded
by the Department of Defense.
(2) Software assurance.--The term ``software assurance''
means the level of confidence that software functions as
intended and is free of vulnerabilities, either intentionally or
unintentionally designed or inserted as part of the software,
throughout the life cycle.
SEC. 934. <<NOTE: 10 USC 2225 note.>> COMPETITION IN CONNECTION
WITH DEPARTMENT OF DEFENSE TACTICAL DATA
LINK SYSTEMS.
(a) <<NOTE: Deadline.>> Competition in Connection With Tactical
Data Link Systems.--Not later than December 1, 2013, the Under Secretary
of Defense for Acquisition, Technology, and Logistics shall--
(1) <<NOTE: Inventory.>> develop an inventory of all
tactical data link systems in use and in development in the
Department of Defense, including interfaces and waveforms;
(2) <<NOTE: Analysis.>> conduct an analysis of each data
link system contained in the inventory under paragraph (1) to
determine whether--
(A) the upgrade, new deployment, or replacement of
such system should be open to competition; or
[[Page 126 STAT. 1886]]
(B) the data link should be converted to an open
architecture, or a different data link standard should
be adopted to enable such competition;
(3) <<NOTE: Plans.>> for each data link system for which
competition is determined advisable under subparagraph (A) or
(B) of paragraph (2), develop a plan to achieve such
competition, including a plan to address any policy, legal,
programmatic, or technical barriers to such competition; and
(4) for each data link system for which competition is
determined not advisable under paragraph (2), prepare an
explanation for such determination.
(b) Earlier Actions.--If the Under Secretary completes any portion
of the plan described in subsection (a)(3) before December 1, 2013, the
Secretary may commence action on such portion of the plan upon
completion of such portion, including publication of such portion of the
plan.
(c) Report.--At the same time the budget of the President for fiscal
year 2015 is submitted to Congress pursuant to section 1105(a) of title
31, United States Code, the Under Secretary shall submit to the
congressional defense committees a report on the plans described in
paragraph (3) of subsection (a), including any explanation prepared
under paragraph (4) of such subsection.
SEC. 935. <<NOTE: 10 USC 2223 note.>> COLLECTION AND ANALYSIS OF
NETWORK FLOW DATA.
(a) Development of Technologies.--The Chief Information Officer of
the Department of Defense may, in coordination with the Under Secretary
of Defense for Policy and the Under Secretary of Defense for
Intelligence and acting through the Director of the Defense Information
Systems Agency, use the available funding and research activities and
capabilities of the Community Data Center of the Defense Information
Systems Agency to develop and demonstrate collection, processing, and
storage technologies for network flow data that--
(1) are potentially scalable to the volume used by Tier 1
Internet Service Providers to collect and analyze the flow data
across their networks;
(2) will substantially reduce the cost and complexity of
capturing and analyzing high volumes of flow data; and
(3) support the capability--
(A) to detect and identify cyber security threats,
networks of compromised computers, and command and
control sites used for managing illicit cyber operations
and receiving information from compromised computers;
(B) to track illicit cyber operations for
attribution of the source; and
(C) to provide early warning and attack assessment
of offensive cyber operations.
(b) Coordination.--Any research and development required in the
development of the technologies described in subsection (a) shall be
conducted in cooperation with the heads of other appropriate departments
and agencies of the Federal Government and, whenever feasible, Tier 1
Internet Service Providers and other managed security service providers.
SEC. 936. <<NOTE: 10 USC 2223 note.>> COMPETITION FOR LARGE-SCALE
SOFTWARE DATABASE AND DATA ANALYSIS TOOLS.
(a) Analysis.--
[[Page 126 STAT. 1887]]
(1) Requirement.--The Secretary of Defense, acting through
the Chief Information Officer of the Department of Defense,
shall conduct an analysis of large-scale software database tools
and large-scale software data analysis tools that could be used
to meet current and future Department of Defense needs for
large-scale data analytics.
(2) Elements.--The analysis required under paragraph (1)
shall include--
(A) an analysis of the technical requirements and
needs for large-scale software database and data
analysis tools, including prioritization of key
technical features needed by the Department of Defense;
and
(B) an assessment of the available sources from
Government and commercial sources to meet such needs,
including an assessment by the Deputy Assistant
Secretary of Defense for Manufacturing and Industrial
Base Policy to ensure sufficiency and diversity of
potential commercial sources.
(3) <<NOTE: Deadline.>> Submission.--Not later than 180 days
after the date of the enactment of this Act, the Chief
Information Officer shall submit to the congressional defense
committees the results of the analysis required under paragraph
(1).
(b) Competition Required.--
(1) In general.--If, following the analysis required under
subsection (a), the Chief Information Officer of the Department
of Defense identifies needs for software systems or large-scale
software database or data analysis tools, the Department shall
acquire such systems or such tools based on market research and
using competitive procedures in accordance with applicable law
and the Defense Federal Acquisition Regulation Supplement.
(2) <<NOTE: Deadlines.>> Notification.--If the Chief
Information Officer elects to acquire large-scale software
database or data analysis tools using procedures other than
competitive procedures, the Chief Information Officer and the
Under Secretary of Defense for Acquisition, Technology, and
Logistics shall submit a written notification to the
congressional defense committees on a quarterly basis until
September 30, 2018, that describes the acquisition involved, the
date the decision was made, and the rationale for not using
competitive procedures.
SEC. 937. <<NOTE: 10 USC 2223 note.>> SOFTWARE LICENSES OF THE
DEPARTMENT OF DEFENSE.
(a) Plan for Inventory of Licenses.--
(1) <<NOTE: Deadline.>> In general.--Not later than 180
days after the date of the enactment of this Act, the Chief
Information Officer of the Department of the Defense shall, in
consultation with the chief information officers of the military
departments and the Defense Agencies, issue a plan for the
inventory of selected software licenses of the Department of
Defense, including a comparison of licenses purchased with
licenses installed.
(2) <<NOTE: Determination.>> Selected software licenses.--
The Chief Information Officer shall determine the software
licenses to be treated as selected software licenses of the
Department for purposes of this section. The licenses shall be
determined so as to maximize the return on investment in the
inventory conducted pursuant to the plan required by paragraph
(1).
[[Page 126 STAT. 1888]]
(3) Plan elements.--The plan under paragraph (1) shall
include the following:
(A) An identification and explanation of the
software licenses determined by the Chief Information
Officer under paragraph (2) to be selected software
licenses for purposes of this section, and a summary
outline of the software licenses determined not to be
selected software licenses for such purposes.
(B) Means to assess the needs of the Department and
the components of the Department for selected software
licenses during the two fiscal years following the date
of the issuance of the plan.
(C) Means by which the Department can achieve the
greatest possible economies of scale and cost savings in
the procurement, use, and optimization of selected
software licenses.
(b) <<NOTE: Determination.>> Performance Plan.--If the Chief
Information Officer determines through the inventory conducted pursuant
to the plan required by subsection (a) that the number of selected
software licenses of the Department and the components of the Department
exceeds the needs of the Department for such software licenses, the
Secretary of Defense shall implement a plan to bring the number of such
software licenses into balance with the needs of the Department.
SEC. 938. SENSE OF CONGRESS ON POTENTIAL SECURITY RISKS TO
DEPARTMENT OF DEFENSE NETWORKS.
It is the sense of Congress that the Department of Defense--
(1) must ensure it maintains full visibility and adequate
control of its supply chain, including subcontractors, in order
to mitigate supply chain exploitation; and
(2) needs the authority and capability to mitigate supply
chain risks to its information technology systems that fall
outside the scope of National Security Systems.
SEC. 939. QUARTERLY CYBER OPERATIONS BRIEFINGS.
(a) Briefings.--Chapter 23 of title 10, United States Code, is
amended by inserting after section 483 the following new section:
``Sec. 484. <<NOTE: 10 USC 484.>> Quarterly cyber operations
briefings
``The Secretary of Defense shall provide to the Committees on Armed
Services of the House of Representatives and the Senate quarterly
briefings on all offensive and significant defensive military operations
in cyberspace carried out by the Department of Defense during the
immediately preceding quarter.''.
(b) <<NOTE: Deadline. 10 USC 484 note.>> Initial Briefing.--The
first briefing required under section 484 of title 10, United States
Code, as added by subsection (a), shall be provided not later than March
1, 2013.
(c) Clerical Amendment.--The table of sections at the beginning of
chapter 23 of title 10, United States Code, <<NOTE: 10 USC prec.
480.>> is amended by inserting after the item relating to section 483
the following new item:
``484. Quarterly cyber operations briefings.''.
SEC. 940. SENSE OF CONGRESS ON THE UNITED STATES CYBER COMMAND.
It is the sense of Congress that--
[[Page 126 STAT. 1889]]
(1) there is a serious cyber threat to the national security
of the United States and the need to work both offensively and
defensively to protect the networks and critical infrastructure
of the United States;
(2) it is important to have a unified command structure in
the Department of Defense to direct military operations in
cyberspace;
(3) a change in the status of the United States Cyber
Command has implications for the entire Department and the
national security of the United States, which require careful
consideration;
(4) Congress expects to be briefed and consulted about any
proposal to elevate the United States Cyber Command to a unified
command at the time when the Secretary of Defense makes such a
proposal and to receive--
(A) a clear statement of mission of the United
States Cyber Command and related legal definitions;
(B) an outline of the specific national security
benefits of elevating the sub-unified United States
Cyber Command to a unified command;
(C) an estimate of the cost of creating a unified
United States Cyber Command and a justification of the
expenditure; and
(D) if the Secretary considers it advisable to
continue the designation of the Commander of the United
States Cyber Command as also being the Director of the
National Security Agency--
(i) an explanation of how a single individual
could serve as a commander of a combatant command
that conducts overt, though clandestine, cyber
operations under title 10, United States Code, and
serve as the head of an element of the
intelligence community that conducts covert cyber
operations under the National Security Act of 1947
(50 U.S.C. 401 et seq.) in a manner that affords
deniability to the United States; and
(ii) a statement of whether the Secretary
believes it is appropriate either to appoint a
line officer as the Director of the National
Security Agency or to take the unprecedented step
of appointing an intelligence officer as a unified
commander; and
(5) appropriate policy foundations and standing rules of
engagement must be in place before any decision to create a
unified United States Cyber Command.
SEC. 941. <<NOTE: 10 USC 2224 note.>> REPORTS TO DEPARTMENT OF
DEFENSE ON PENETRATIONS OF NETWORKS AND
INFORMATION SYSTEMS OF CERTAIN
CONTRACTORS.
(a) Procedures for Reporting Penetrations.--The Secretary of Defense
shall establish procedures that require each cleared defense contractor
to report to a component of the Department of Defense designated by the
Secretary for purposes of such procedures when a network or information
system of such contractor that meets the criteria established pursuant
to subsection (b) is successfully penetrated.
(b) Networks and Information Systems Subject to Reporting.--
[[Page 126 STAT. 1890]]
(1) Criteria.--The Secretary of Defense shall designate a
senior official to, in consultation with the officials specified
in paragraph (2), establish criteria for covered networks to be
subject to the procedures for reporting system penetrations
under subsection (a).
(2) Officials.--The officials specified in this subsection
are the following:
(A) The Under Secretary of Defense for Policy.
(B) The Under Secretary of Defense for Acquisition,
Technology, and Logistics.
(C) The Under Secretary of Defense for Intelligence.
(D) The Chief Information Officer of the Department
of Defense.
(E) The Commander of the United States Cyber
Command.
(c) Procedure Requirements.--
(1) Rapid reporting.--The procedures established pursuant to
subsection (a) shall require each cleared defense contractor to
rapidly report to a component of the Department of Defense
designated pursuant to subsection (a) of each successful
penetration of the network or information systems of such
contractor that meet the criteria established pursuant to
subsection (b). Each such report shall include the following:
(A) A description of the technique or method used in
such penetration.
(B) A sample of the malicious software, if
discovered and isolated by the contractor, involved in
such penetration.
(C) A summary of information created by or for the
Department in connection with any Department program
that has been potentially compromised due to such
penetration.
(2) Access to equipment and information by department of
defense personnel.--The procedures established pursuant to
subsection (a) shall--
(A) include mechanisms for Department of Defense
personnel to, upon request, obtain access to equipment
or information of a cleared defense contractor necessary
to conduct forensic analysis in addition to any analysis
conducted by such contractor;
(B) provide that a cleared defense contractor is
only required to provide access to equipment or
information as described in subparagraph (A) to
determine whether information created by or for the
Department in connection with any Department program was
successfully exfiltrated from a network or information
system of such contractor and, if so, what information
was exfiltrated; and
(C) provide for the reasonable protection of trade
secrets, commercial or financial information, and
information that can be used to identify a specific
person.
(3) Limitation on dissemination of certain information.--The
procedures established pursuant to subsection (a) shall prohibit
the dissemination outside the Department of Defense of
information obtained or derived through such procedures that is
not created by or for the Department except with the approval of
the contractor providing such information.
(d) Issuance of Procedures and Establishment of Criteria.--
[[Page 126 STAT. 1891]]
(1) In general.--Not later than 90 days after the date of
the enactment of this Act--
(A) the Secretary of Defense shall establish the
procedures required under subsection (a); and
(B) the senior official designated under subsection
(b)(1) shall establish the criteria required under such
subsection.
(2) Applicability date.--The requirements of this section
shall apply on the date on which the Secretary of Defense
establishes the procedures required under this section.
(e) Definitions.--In this section:
(1) Cleared defense contractor.--The term ``cleared defense
contractor'' means a private entity granted clearance by the
Department of Defense to access, receive, or store classified
information for the purpose of bidding for a contract or
conducting activities in support of any program of the
Department of Defense.
(2) Covered network.--The term ``covered network'' means a
network or information system of a cleared defense contractor
that contains or processes information created by or for the
Department of Defense with respect to which such contractor is
required to apply enhanced protection.
Subtitle E--Other Matters
SEC. 951. ADVICE ON MILITARY REQUIREMENTS BY CHAIRMAN OF JOINT
CHIEFS OF STAFF AND JOINT REQUIREMENTS
OVERSIGHT COUNCIL.
(a) Amendments Related to Chairman of Joint Chiefs of Staff.--
Section 153(a)(4) of title 10, United States Code, is amended by
striking subparagraph (F) and inserting the following new subparagraphs:
``(F) Identifying, assessing, and approving military
requirements (including existing systems and equipment) to meet
the National Military Strategy.
``(G) Recommending to the Secretary appropriate trade-offs
among life-cycle cost, schedule, and performance objectives, and
procurement quantity objectives, to ensure that such trade-offs
are made in the acquisition of materiel and equipment to support
the strategic and contingency plans required by this subsection
in the most effective and efficient manner.''.
(b) Amendments Related to JROC.--Section 181(b) of such title is
amended--
(1) in paragraph (1)(C), by striking ``in ensuring'' and all
that follows through ``requirements'' and inserting the
following: ``in ensuring that appropriate trade-offs are made
among life-cycle cost, schedule, and performance objectives, and
procurement quantity objectives, in the establishment and
approval of military requirements''; and
(2) in paragraph (3), by striking ``such resource level''
and inserting ``the total cost of such resources''.
(c) Amendments Related to Chiefs of Armed Forces.--Section 2547(a)
of such title is amended--
(1) in paragraph (1), by striking ``of requirements relating
to the defense acquisition system'' and inserting ``of
requirements for equipping the armed force concerned'';
[[Page 126 STAT. 1892]]
(2) by redesignating paragraphs (3) and (4) as paragraphs
(5) and (6), respectively; and
(3) by inserting after paragraph (2) the following new
paragraphs:
``(3) The recommendation of trade-offs among life-cycle
cost, schedule, and performance objectives, and procurement
quantity objectives, to ensure acquisition programs deliver best
value in meeting the approved military requirements.
``(4) Termination of development or procurement programs for
which life-cycle cost, schedule, and performance expectations
are no longer consistent with approved military requirements and
levels of priority, or which no longer have approved military
requirements.''.
SEC. 952. ENHANCEMENT OF RESPONSIBILITIES OF THE CHAIRMAN OF THE
JOINT CHIEFS OF STAFF REGARDING THE
NATIONAL MILITARY STRATEGY.
(a) In General.--Subsection (b) of section 153 of title 10, United
States Code, is amended to read as follows:
``(b) National Military Strategy.--
``(1) <<NOTE: Determination.>> National military strategy.--
(A) The Chairman shall determine each even-numbered year whether
to prepare a new National Military Strategy in accordance with
this subparagraph or to update a strategy previously prepared in
accordance with this subsection. The Chairman shall complete
preparation of the National Military Strategy or update in time
for transmittal to Congress pursuant to paragraph (3), including
in time for inclusion of the report of the Secretary of Defense,
if any, under paragraph (4).
``(B) Each National Military Strategy (or update) under this
paragraph shall be based on a comprehensive review conducted by
the Chairman in conjunction with the other members of the Joint
Chiefs of Staff and the commanders of the unified and specified
combatant commands.
``(C) Each National Military Strategy (or update) submitted
under this paragraph shall describe how the military will
achieve the objectives of the United States as articulated in--
``(i) the most recent National Security Strategy
prescribed by the President pursuant to section 108 of
the National Security Act of 1947 (50 U.S.C. 404a);
``(ii) the most recent annual report of the
Secretary of Defense submitted to the President and
Congress pursuant to section 113 of this title;
``(iii) the most recent Quadrennial Defense Review
conducted by the Secretary of Defense pursuant to
section 118 of this title; and
``(iv) any other national security or defense
strategic guidance issued by the President or the
Secretary of Defense.
``(D) Each National Military Strategy (or update) submitted
under this paragraph shall identify--
``(i) the United States military objectives and the
relationship of those objectives to the strategic
environment and to the threats required to be described
under subparagraph (E);
[[Page 126 STAT. 1893]]
``(ii) the operational concepts, missions, tasks, or
activities necessary to support the achievement of the
objectives identified under clause (i);
``(iii) the fiscal, budgetary, and resource
environments and conditions that, in the assessment of
the Chairman, affect the strategy; and
``(iv) the assumptions made with respect to each of
clauses (i) through (iii).
``(E) Each National Military Strategy (or update) submitted
under this paragraph shall also include a description of--
``(i) the strategic environment and the
opportunities and challenges that affect United States
national interests and United States national security;
``(ii) the threats, such as international, regional,
transnational, hybrid, terrorism, cyber attack, weapons
of mass destruction, asymmetric challenges, and any
other categories of threats identified by the Chairman,
to the United States national security;
``(iii) the implications of current force planning
and sizing constructs for the strategy;
``(iv) the capacity, capabilities, and availability
of United States forces (including both the active and
reserve components) to support the execution of missions
required by the strategy;
``(v) areas in which the armed forces intends to
engage and synchronize with other departments and
agencies of the United States Government contributing to
the execution of missions required by the strategy;
``(vi) areas in which the armed forces could be
augmented by contributions from alliances (such as the
North Atlantic Treaty Organization), international
allies, or other friendly nations in the execution of
missions required by the strategy;
``(vii) the requirements for operational contractor
support to the armed forces for conducting security
force assistance training, peacekeeping, overseas
contingency operations, and other major combat
operations under the strategy; and
``(viii) the assumptions made with respect to each
of clauses (i) through (vii).
``(F) Each update to a National Military Strategy under this
paragraph shall address only those parts of the most recent
National Military Strategy for which the Chairman determines, on
the basis of a comprehensive review conducted in conjunction
with the other members of the Joint Chiefs of Staff and the
commanders of the combatant commands, that a modification is
needed.
``(2) <<NOTE: Deadline.>> Risk assessment.--(A) The Chairman
shall prepare each year an assessment of the risks associated
with the most current National Military Strategy (or update)
under paragraph (1). The risk assessment shall be known as the
`Risk Assessment of the Chairman of the Joint Chiefs of Staff'.
The Chairman shall complete preparation of the Risk Assessment
in time for transmittal to Congress pursuant to paragraph (3),
including in time for inclusion of the report of the Secretary
of Defense, if any, under paragraph (4).
``(B) The Risk Assessment shall do the following:
[[Page 126 STAT. 1894]]
``(i) As the Chairman considers appropriate, update
any changes to the strategic environment, threats,
objectives, force planning and sizing constructs,
assessments, and assumptions that informed the National
Military Strategy required by this section.
``(ii) Identify and define the strategic risks to
United States interests and the military risks in
executing the missions of the National Military
Strategy.
``(iii) Identify and define levels of risk
distinguishing between the concepts of probability and
consequences, including an identification of what
constitutes `significant' risk in the judgment of the
Chairman.
``(iv)(I) Identify and assess risk in the National
Military Strategy by category and level and the ways in
which risk might manifest itself, including how risk is
projected to increase, decrease, or remain stable over
time; and
``(II) for each category of risk, assess the extent
to which current or future risk increases, decreases, or
is stable as a result of budgetary priorities,
tradeoffs, or fiscal constraints or limitations as
currently estimated and applied in the most current
future-years defense program under section 221 of this
title.
``(v) Identify and assess risk associated with the
assumptions or plans of the National Military Strategy
about the contributions or support of--
``(I) other departments and agencies of the
United States Government (including their
capabilities and availability);
``(II) alliances, allies, and other friendly
nations (including their capabilities,
availability, and interoperability); and
``(III) contractors.
``(vi) Identify and assess the critical deficiencies
and strengths in force capabilities (including manpower,
logistics, intelligence, and mobility support)
identified during the preparation and review of the
contingency plans of each unified combatant command, and
identify and assess the effect of such deficiencies and
strengths for the National Military Strategy.
``(3) Submittal of national military strategy and risk
assessment to congress.-- <<NOTE: Deadlines.>> (A) Not later
than February 15 of each even-numbered year, the Chairman shall,
through the Secretary of Defense, submit to the Committees on
Armed Services of the Senate and the House of Representatives
the National Military Strategy or update, if any, prepared under
paragraph (1) in such year.
``(B) Not later than February 15 each year, the Chairman
shall, through the Secretary of Defense, submit to the
Committees on Armed Services of the Senate and the House of
Representatives the Risk Assessment prepared under paragraph (2)
in such year.
``(4) Secretary of defense reports to congress.--(A) In
transmitting a National Military Strategy (or update) or Risk
Assessment to Congress pursuant to paragraph (3), the Secretary
of Defense shall include in the transmittal such comments of the
Secretary thereon, if any, as the Secretary considers
appropriate.
[[Page 126 STAT. 1895]]
``(B) If the Risk Assessment transmitted under paragraph (3)
in a year includes an assessment that a risk or risks associated
with the National Military Strategy (or update) are significant,
or that critical deficiencies in force capabilities exist for a
contingency plan described in paragraph (2)(B)(vi), the
Secretary shall include in the transmittal of the Risk
Assessment the plan of the Secretary for mitigating such risk or
deficiency. <<NOTE: Plans.>> A plan for mitigating risk of
deficiency under this subparagraph shall--
``(i) address the risk assumed in the National
Military Strategy (or update) concerned, and the
additional actions taken or planned to be taken to
address such risk using only current technology and
force structure capabilities; and
``(ii) specify, for each risk addressed, the extent
of, and a schedule for expected mitigation of, such
risk, and an assessment of the potential for residual
risk, if any, after mitigation.''.
(b) Conforming Amendment.--Such section is further amended by
striking subsection (d).
SEC. 953. ONE-YEAR EXTENSION OF AUTHORITY TO WAIVE REIMBURSEMENT
OF COSTS OF ACTIVITIES FOR NONGOVERNMENTAL
PERSONNEL AT DEPARTMENT OF DEFENSE
REGIONAL CENTERS FOR SECURITY STUDIES.
Paragraph (1) of section 941(b) of the Duncan Hunter National
Defense Authorization Act for Fiscal Year 2009 (Public Law 110-417; 10
U.S.C. 184 note) is amended by striking ``through 2012'' and inserting
``through 2013''.
SEC. 954. NATIONAL LANGUAGE SERVICE CORPS.
(a) Charter for National Language Service Corps.--The David L. Boren
National Security Education Act of 1991 (50 U.S.C. 1901 et seq.) is
amended by adding at the end the following new section:
``SEC. 813. <<NOTE: 50 USC 1913.>> NATIONAL LANGUAGE SERVICE
CORPS.
``(a) Establishment.--(1) The Secretary of Defense may establish and
maintain within the Department of Defense a National Language Service
Corps (in this section referred to as the `Corps').
``(2) The purpose of the Corps is to provide a pool of
nongovernmental personnel with foreign language skills who, as provided
in regulations prescribed under this section, agree to provide foreign
language services to the Department of Defense or another department or
agency of the United States.
``(b) National Security Education Board.--If the Secretary
establishes the Corps, the Secretary shall provide for the National
Security Education Board to oversee and coordinate the activities of the
Corps to such extent and in such manner as determined by the Secretary
under paragraph (9) of section 803(d).
``(c) Membership.--To be eligible for membership in the Corps, a
person must be a citizen of the United States authorized by law to be
employed in the United States, have attained the age of 18 years, and
possess such foreign language skills as the Secretary considers
appropriate for membership in the Corps.
``(d) Training.--The Secretary may provide members of the Corps such
training as the Secretary prescribes for purposes of this section.
[[Page 126 STAT. 1896]]
``(e) <<NOTE: Determination.>> Service.--Upon a determination that
it is in the national interests of the United States, the Secretary
shall call upon members of the Corps to provide foreign language
services to the Department of Defense or another department or agency of
the United States. If a member of the Corps is, as of the time of such
determination, employed by or performing under a contract for an element
of another Federal agency, the Secretary shall first obtain the
concurrence of the head of that agency.
``(f) Funding.--The Secretary may impose fees, in amounts up to
full-cost recovery, for language services and technical assistance
rendered by members of the Corps. Amounts of fees received under this
section shall be credited to the account of the Department providing
funds for any costs incurred by the Department in connection with the
Corps. Amounts so credited to such account shall be merged with amounts
in such account, and shall be available to the same extent, and subject
to the same conditions and limitations, as amounts in such account. Any
amounts so credited shall remain available until expended.''.
(b) National Security Education Board Matters.--
(1) Composition.--Subsection (b) of section 803 of such Act
(50 U.S.C. 1903) is amended--
(A) by striking paragraph (5);
(B) by redesignating paragraphs (6) and (7) as
paragraphs (8) and (9), respectively; and
(C) by inserting after paragraph (4) the following
new paragraphs:
``(5) The Secretary of Homeland Security.
``(6) The Secretary of Energy.
``(7) The Director of National Intelligence.''.
(2) Functions.--Subsection (d) of such section is amended by
adding at the end the following new paragraph:
``(9) To the extent provided by the Secretary of Defense,
oversee and coordinate the activities of the National Language
Service Corps under section 813, including--
``(A) assessing on a periodic basis whether the
Corps is addressing the needs identified by the heads of
departments and agencies of the Federal Government for
personnel with skills in various foreign languages;
``(B) recommending plans for the Corps to address
foreign language shortfalls and requirements of the
departments and agencies of the Federal Government;
``(C) recommending effective ways to increase public
awareness of the need for foreign languages skills and
career paths in the Federal Government that use those
skills; and
``(D) overseeing the Corps efforts to work with
Executive agencies and State and Local governments to
respond to interagency plans and agreements to address
overall foreign language shortfalls and to utilize
personnel to address the various types of crises that
warrant foreign language skills.''.
SEC. 955. <<NOTE: 10 USC 129a note.>> SAVINGS TO BE ACHIEVED IN
CIVILIAN PERSONNEL WORKFORCE AND SERVICE
CONTRACTOR WORKFORCE OF THE DEPARTMENT OF
DEFENSE.
(a) Required Plan.--
[[Page 126 STAT. 1897]]
(1) In general.--The Secretary of Defense shall ensure that
the civilian personnel workforce and service contractor
workforce of the Department of Defense are appropriately sized
to support and execute the National Military Strategy, taking
into account military personnel and force structure
levels. <<NOTE: Deadline.>> Not later than 90 days after the
date of the enactment of this Act, the Secretary of Defense
shall develop and begin to execute an efficiencies plan for the
civilian personnel workforce and service contractor workforce of
the Department of Defense.
(2) Consistency with other policies and procedures.--The
Secretary shall ensure the plan required under this subsection
is consistent with the policies and procedures required under
section 129a of title 10, United States Code, as implemented
under the policies issued by the Under Secretary of Defense for
Personnel and Readiness for determining the most appropriate and
cost-efficient mix of military, civilian, and service contractor
personnel to perform the missions of the Department of Defense.
(b) Savings.--The plan required under subsection (a) shall achieve
savings in the total funding for each workforce covered by such plan
over the period from fiscal year 2012 through fiscal year 2017 that are
not less, as a percentage of such funding, than the savings in funding
for basic military personnel pay achieved from reductions in military
end strengths over the same period of time.
(c) Exclusions.--In developing and implementing the plan required by
subsection (a) and achieving the savings percentages required by
subsection (b), the Secretary of Defense may exclude expenses related to
the performance of functions identified as core or critical to the
mission of the Department, consistent with the workload analysis and
risk assessments required by sections 129 and 129a of title 10, United
States Code. In making a determination of core or critical functions,
the Secretary shall consider at least the following:
(1) Civilian personnel expenses for personnel as follows:
(A) Personnel in Mission Critical Occupations, as
defined by the Civilian Human Capital Strategic Plan of
the Department of Defense and the Acquisition Workforce
Plan of the Department of Defense.
(B) Personnel employed at facilities providing core
logistics capabilities pursuant to section 2464 of title
10, United States Code.
(C) Personnel in the Offices of the Inspectors
General of the Department of Defense.
(2) Service contractor expenses for personnel as follows:
(A) Personnel performing maintenance and repair of
military equipment.
(B) Personnel providing medical services.
(C) Personnel performing financial audit services.
(3) Personnel expenses for personnel in the civilian
personnel workforce or service contractor workforce performing
such other critical functions as may be identified by the
Secretary as requiring exemption in the interest of the national
defense.
(d) Reports.--
(1) Initial report.--Not later than 120 days after the date
of the enactment of this Act, the Secretary of Defense
[[Page 126 STAT. 1898]]
shall submit to the congressional defense committees a report
including a comprehensive description of the plan required by
subsection (a).
(2) Status reports.--As part of the budget submitted by the
President to Congress for each of fiscal years 2015 through
2018, the Secretary shall include a report describing the
implementation of the plan during the prior fiscal year and any
modifications to the plan required due to changing
circumstances. Each such report shall include a summary of the
savings achieved in such prior fiscal year through reductions in
the military, civilian, and service contractor personnel
workforces, and the number of military, civilian, and service
contractor personnel reduced. In any case in which savings fall
short of the annual target, the report shall include an
explanation of the reasons for such shortfall.
(3) Exclusions.--Each report under paragraphs (1) and (2)
shall specifically identify any exclusion granted by the
Secretary under subsection (c) in the period of time covered by
the report.
(e) Limitation on Transfers of Functions.--The Secretary shall
ensure that the savings required by this section are not achieved
through unjustified transfers of functions between or among the
military, civilian, and service contractor personnel workforces of the
Department of Defense. Nothing in this section shall be construed to
preclude the Secretary from exercising authority available to the
Department under sections 129a, 2330a, 2461, and 2463 of title 10,
United States Code.
(f) Sense of Congress.--It is the sense of Congress that an amount
equal to 30 percent of the amount of the reductions in appropriated
funds attributable to reduced budgets for the civilian and service
contractor workforces of the Department by reason of the plan required
by subsection (a) should be made available for costs of assisting
military personnel separated from the Armed Forces in the transition
from military service.
(g) Service Contractor Workforce Defined.--In this section, the term
``service contractor workforce'' means contractor employees performing
contract services, as defined in section 2330(c)(2) of title 10, United
States Code, other than contract services that are funded out of amounts
available for overseas contingency operations.
(h) Comptroller General Review and Report.--For each fiscal year
from fiscal year 2015 through fiscal year 2018, the Comptroller General
of the United States shall review the status reports submitted by the
Secretary as required by subsection (d)(2) to determine whether the
savings required by subsection (b) are being achieved in the civilian
personnel workforce and the service contractor workforce and whether the
plan required under subsection (a) is being implemented consistent with
sourcing and workforce management laws, including sections 129, 129a,
2330a, 2461, and 2463 of title 10, United States Code. The Comptroller
General shall submit a report on the findings of each review to the
congressional defense committees not later than 120 days after the end
of each fiscal year covered by this subsection.
[[Page 126 STAT. 1899]]
SEC. 956. EXPANSION OF PERSONS ELIGIBLE FOR EXPEDITED FEDERAL
HIRING FOLLOWING COMPLETION OF NATIONAL
SECURITY EDUCATION PROGRAM SCHOLARSHIP.
Section 802(k) of the David L. Boren National Security Education
Act of 1991 (50 U.S.C. 1902(k)) is amended to read as follows:
``(k) Employment of Program Participants.--
``(1) Appointment authority.--The Secretary of Defense, the
Secretary of Homeland Security, the Secretary of State, or the
head of a Federal agency or office identified by the Secretary
of Defense under subsection (g) as having national security
responsibilities--
``(A) may, without regard to any provision of title
5, United States Code, governing appointments in the
competitive service, appoint an eligible program
participant--
``(i) to a position in the excepted service
that is certified by the Secretary of Defense
under clause (i) of subsection (b)(2)(A) as
contributing to the national security of the
United States; or
``(ii) subject to clause (ii) of such
subsection, to a position in the excepted service
in such Federal agency or office identified by the
Secretary; and
``(B) may, upon satisfactory completion of two years
of substantially continuous service by an incumbent who
was appointed to an excepted service position under the
authority of subparagraph (A), convert the appointment
of such individual, without competition, to a career or
career-conditional appointment.
``(2) Treatment of certain service.--In the case of an
eligible program participant described in clause (ii) or (iii)
of paragraph (3)(C) who receives an appointment under paragraph
(1)(A), the head of a Department or Federal agency or office
referred to in paragraph (1) may count any period that the
individual served in a position with the Federal Government
toward satisfaction of the service requirement under paragraph
(1)(B) if that service--
``(A) in the case of an appointment under clause (i)
of paragraph (1)(A), was in a position that is
identified under clause (i) of subsection (b)(2)(A) as
contributing to the national security of the United
States; or
``(B) in the case of an appointment under clause
(ii) of paragraph (1)(A), was in the Federal agency or
office in which the appointment under that clause is
made.
``(3) Eligible program participant defined.--In this
subsection, the term `eligible program participant' means an
individual who--
``(A) has successfully completed an academic program
for which a scholarship or fellowship under this section
was awarded;
``(B) has not previously been appointed to the
excepted service position under paragraph (1)(A); and
``(C) at the time of the appointment of the
individual to an excepted service position under
paragraph (1)(A)--
``(i) under the terms of the agreement for
such scholarship or fellowship, owes a service
commitment
[[Page 126 STAT. 1900]]
to a Department or Federal agency or office
referred to in paragraph (1);
``(ii) is employed by the Federal Government
under a non-permanent appointment to a position in
the excepted service that has national security
responsibilities; or
``(iii) is a former civilian employee of the
Federal Government who has less than a one-year
break in service from the last period of Federal
employment of such individual in a non-permanent
appointment in the excepted service with national
security responsibilities.''.
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
Sec. 1001. General transfer authority.
Sec. 1002. Budgetary effects of this Act.
Sec. 1003. Sense of Congress on notice to Congress on unfunded
priorities.
Sec. 1004. Authority to transfer funds to the National Nuclear Security
Administration to sustain nuclear weapons modernization.
Sec. 1005. Audit readiness of Department of Defense statements of
budgetary resources.
Sec. 1006. Report on balances carried forward by the Department of
Defense at the end of fiscal year 2012.
Sec. 1007. Report on elimination and streamlining of reporting
requirements, thresholds, and statutory and regulatory
requirements resulting from unqualified audit opinion of
Department of Defense financial statements.
Subtitle B--Counter-Drug Activities
Sec. 1008. Extension of the authority to establish and operate National
Guard counterdrug schools.
Sec. 1009. Biannual reports on use of funds in the Drug Interdiction and
Counter-Drug Activities, Defense-wide account.
Sec. 1010. Extension of authority to support unified counter-drug and
counterterrorism campaign in Colombia.
Sec. 1011. Extension of authority for joint task forces to provide
support to law enforcement agencies conducting counter-
terrorism activities.
Sec. 1012. Requirement for biennial certification on provision of
support for counter-drug activities to certain foreign
governments.
Subtitle C--Naval Vessels and Shipyards
Sec. 1013. Policy relating to major combatant vessels of the strike
forces of the United States Navy.
Sec. 1014. Limitation on availability of funds for delayed annual naval
vessel construction plan.
Sec. 1015. Retirement of naval vessels.
Sec. 1016. Termination of a Maritime Prepositioning Ship squadron.
Sec. 1017. Sense of Congress on recapitalization for the Navy and Coast
Guard.
Sec. 1018. Notice to Congress for the review of proposals to name naval
vessels.
Subtitle D--Counterterrorism
Sec. 1021. Extension of authority to make rewards for combating
terrorism.
Sec. 1022. Prohibition on use of funds to construct or modify facilities
in the United States to house detainees transferred from
United States Naval Station, Guantanamo Bay, Cuba.
Sec. 1023. Report on recidivism of individuals detained at United States
Naval Station, Guantanamo Bay, Cuba, who have been
transferred to foreign countries.
Sec. 1024. Notice and report on use of naval vessels for detention of
individuals captured outside Afghanistan pursuant to the
Authorization for Use of Military Force.
Sec. 1025. Notice required prior to transfer of certain individuals
detained at the Detention Facility at Parwan, Afghanistan.
Sec. 1026. Report on recidivism of individuals formerly detained at the
Detention Facility at Parwan, Afghanistan.
[[Page 126 STAT. 1901]]
Sec. 1027. Prohibition on the use of funds for the transfer or release
of individuals detained at United States Naval Station,
Guantanamo Bay, Cuba.
Sec. 1028. Requirements for certifications relating to the transfer of
detainees at United States Naval Station, Guantanamo Bay,
Cuba, to foreign countries and other foreign entities.
Sec. 1029. Rights Unaffected.
Subtitle E--Nuclear Forces
Sec. 1031. Nuclear weapons employment strategy of the United States.
Sec. 1032. Progress of modernization.
Sec. 1033. Report in the event of insufficient funding for modernization
of nuclear weapons stockpile.
Sec. 1034. Prevention of asymmetry of nuclear weapon stockpile
reductions.
Sec. 1035. Strategic delivery systems.
Sec. 1036. Consideration of expansion of nuclear forces of other
countries.
Sec. 1037. Nonstrategic nuclear weapon reductions and extended
deterrence policy.
Sec. 1038. Unilateral change in nuclear weapons stockpile of the United
States.
Sec. 1039. Expansion of duties and responsibilities of the Nuclear
Weapons Council.
Sec. 1040. Interagency Council on the Strategic Capability of the
National Laboratories.
Sec. 1041. Cost estimates for nuclear weapons.
Sec. 1042. Prior notification with regard to retirement of strategic
delivery systems.
Sec. 1043. Report on nuclear warheads on intercontinental ballistic
missiles of the United States.
Sec. 1044. Requirements for combined or interoperable warhead for
certain missile systems.
Sec. 1045. Reports on capability of conventional and nuclear forces
against certain tunnel sites and on nuclear weapons program
of the People's Republic of China.
Sec. 1046. Report on conventional and nuclear forces in the Western
Pacific region.
Subtitle F--Miscellaneous Authorities and Limitations
Sec. 1051. Expansion of authority of the Secretary of the Army to loan
or donate excess non-automatic service rifles for funeral and
other ceremonial purposes.
Sec. 1052. Interagency collaboration on unmanned aircraft systems.
Sec. 1053. Authority to transfer surplus Mine-Resistant Ambush-Protected
vehicles and spare parts.
Sec. 1054. Notice to Congress of certain Department of Defense
nondisclosure agreements.
Sec. 1055. Extension of authority to provide assured business guarantees
to carriers participating in Civil Reserve Air Fleet.
Sec. 1056. Authority for short-term extension of lease for aircraft
supporting the Blue Devil intelligence, surveillance, and
reconnaissance program.
Sec. 1057. Rule of construction relating to prohibition on infringing on
the individual right to lawfully acquire, possess, own,
carry, and otherwise use privately owned firearms,
ammunition, and other weapons.
Sec. 1058. Sense of Congress on the Joint Warfighting Analysis Center.
Sec. 1059. Limitations on retirement of fixed-wing intra-theater airlift
aircraft for general support and time sensitive/mission
critical direct support airlift missions of the Department of
Defense.
Subtitle G--Studies and Reports
Sec. 1061. Electronic warfare strategy of the Department of Defense.
Sec. 1062. Report on counterproliferation capabilities and limitations.
Sec. 1063. Report on strategic airlift aircraft.
Sec. 1064. Repeal of biennial report on the Global Positioning System.
Sec. 1065. Improvements to reports required on acquisition of technology
relating to weapons of mass destruction and the threat posed
by weapons of mass destruction, ballistic missiles, and
cruise missiles.
Sec. 1066. Report on force structure of the United States Army.
Sec. 1067. Report on planned efficiency initiatives at Space and Naval
Warfare Systems Command.
Sec. 1068. Report on military resources necessary to execute United
States Force Posture Strategy in the Asia Pacific Region.
Sec. 1069. Rialto-Colton Basin, California, water resources study.
Sec. 1070. Reports on the potential security threat posed by Boko Haram.
Sec. 1071. Study on the ability of national test and evaluation
capabilities to support the maturation of hypersonic
technologies for future defense systems development.
[[Page 126 STAT. 1902]]
Subtitle H--Other Matters
Sec. 1076. Technical and clerical amendments.
Sec. 1077. Sense of Congress on recognizing Air Mobility Command on its
20th anniversary.
Sec. 1078. Dissemination abroad of information about the United States.
Sec. 1079. Coordination for computer network operations.
Sec. 1080. Sense of Congress regarding unauthorized disclosures of
classified information.
Sec. 1081. Technical amendments to repeal statutory references to United
States Joint Forces Command.
Sec. 1082. Sense of Congress on non-United States citizens who are
graduates of United States educational institutions with
advanced degrees in science, technology, engineering, and
mathematics.
Sec. 1083. Scientific framework for recalcitrant cancers.
Sec. 1084. Protection of veterans' memorials.
Sec. 1085. Sense of Congress regarding spectrum.
Sec. 1086. Public Safety Officers' Benefits Program.
Sec. 1087. Removal of action.
Sec. 1088. Transport for female genital mutilation.
Sec. 1089. Amendments to law enforcement officer safety provisions of
title 18.
Sec. 1090. Reauthorization of sale of aircraft and parts for wildfire
suppression purposes.
Sec. 1091. Transfer of excess aircraft to other departments of the
Federal Government.
Subtitle A--Financial Matters
SEC. 1001. GENERAL TRANSFER AUTHORITY.
(a) Authority to Transfer Authorizations.--
(1) <<NOTE: Determinations.>> Authority.--Upon determination
by the Secretary of Defense that such action is necessary in the
national interest, the Secretary may transfer amounts of
authorizations made available to the Department of Defense in
this division for fiscal year 2013 between any such
authorizations for that fiscal year (or any subdivisions
thereof). Amounts of authorizations so transferred shall be
merged with and be available for the same purposes as the
authorization to which transferred.
(2) Limitation.--Except as provided in paragraph (3), the
total amount of authorizations that the Secretary may transfer
under the authority of this section may not exceed
$4,000,000,000.
(3) Exception for transfers between military personnel
authorizations.--A transfer of funds between military personnel
authorizations under title IV shall not be counted toward the
dollar limitation in paragraph (2).
(b) Limitations.--The authority provided by subsection (a) to
transfer authorizations--
(1) may only be used to provide authority for items that
have a higher priority than the items from which authority is
transferred; and
(2) may not be used to provide authority for an item that
has been denied authorization by Congress.
(c) Effect on Authorization Amounts.--A transfer made from one
account to another under the authority of this section shall be deemed
to increase the amount authorized for the account to which the amount is
transferred by an amount equal to the amount transferred.
(d) Notice to Congress.--The Secretary shall promptly notify
Congress of each transfer made under subsection (a).
[[Page 126 STAT. 1903]]
SEC. 1002. BUDGETARY EFFECTS OF THIS ACT.
The budgetary effects of this Act, for the purposes of complying
with the Statutory Pay-As-You-Go Act of 2010, shall be determined by
reference to the latest statement titled ``Budgetary Effects of PAYGO
Legislation'' for this Act, jointly submitted for printing in the
Congressional Record by the Chairmen of the House and Senate Budget
Committees, provided that such statement has been submitted prior to the
vote on passage in the House acting first on the conference report or
amendment between the Houses.
SEC. 1003. SENSE OF CONGRESS ON NOTICE TO CONGRESS ON UNFUNDED
PRIORITIES.
It is the sense of Congress that--
(1) <<NOTE: Deadline. Lists.>> not later than 45 days after
the submittal to Congress of the budget for a fiscal year under
section 1105(a) of title 31, United States Code, each officer
specified in paragraph (2) should, through the Chairman of the
Joint Chiefs of Staff and the Secretary of Defense, submit to
the congressional defense committees a list of any priority
military programs or activities under the jurisdiction of such
officer for which, in the estimate of such officer additional
funds, if available, would substantially reduce operational or
programmatic risk or accelerate the creation or fielding of a
critical military capability;
(2) the officers specified in this paragraph are--
(A) the Chief of Staff of the Army;
(B) the Chief of Naval Operations;
(C) the Chief of Staff of the Air Force;
(D) the Commandant of the Marine Corps; and
(E) the Commander of the United States Special
Operations Command; and
(3) each list, if any, under paragraph (1) should set forth
for each military program or activity on such list--
(A) a description of such program or activity;
(B) a summary description of the justification for
or objectives of additional funds, if available for such
program or activity; and
(C) the additional amount of funds recommended in
connection with the justification or objectives
described for such program or activity under
subparagraph (B).
SEC. 1004. AUTHORITY TO TRANSFER FUNDS TO THE NATIONAL NUCLEAR
SECURITY ADMINISTRATION TO SUSTAIN
NUCLEAR WEAPONS MODERNIZATION.
(a) Transfer Authorized.--If the amount authorized to be
appropriated for the weapons activities of the National Nuclear Security
Administration for fiscal year 2013 in section 3101 is less than
$7,900,000,000 (the amount projected to be required for such activities
in fiscal year 2013 as specified in the report under section 1251 of the
National Defense Authorization Act for Fiscal Year 2010 (Public Law 111-
84; 123 Stat. 2549)), the Secretary of Defense may transfer, from
amounts authorized to be appropriated for the Department of Defense for
fiscal year 2013 pursuant to this Act, to the Secretary of Energy an
amount, not to exceed $150,000,000, to be available only for weapons
activities of the National Nuclear Security Administration.
[[Page 126 STAT. 1904]]
(b) Notice to Congress.--In the event of a transfer under subsection
(a), the Secretary of Defense shall promptly notify Congress of the
transfer, and shall include in such notice the Department of Defense
account or accounts from which funds are transferred.
(c) Transfer Mechanism.--Any funds transferred under this section
shall be transferred in accordance with established procedures for
reprogramming under section 1001 or successor provisions of law.
(d) Construction of Authority.--The transfer authority provided
under subsection (a) is in addition to any other transfer authority
provided under this Act.
SEC. 1005. AUDIT READINESS OF DEPARTMENT OF DEFENSE STATEMENTS OF
BUDGETARY RESOURCES.
(a) Objective.--Section 1003(a)(2)(A)(ii) of the National Defense
Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123 Stat.
2439; 10 U.S.C. 2222 note) is amended by inserting ``, and the statement
of budgetary resources of the Department of Defense is validated as
ready for audit by not later than September 30, 2014'' after ``September
30, 2017''.
(b) <<NOTE: 10 USC 2222 note. Deadline.>> Affordable and
Sustainable Approach.--
(1) In general.--The Chief Management Officer of the
Department of Defense and the Chief Management Officers of each
of the military departments shall ensure that plans to achieve
an auditable statement of budgetary resources of the Department
of Defense by September 30, 2014, include appropriate steps to
minimize one-time fixes and manual work-arounds, are sustainable
and affordable, and will not delay full auditability of
financial statements.
(2) <<NOTE: Time period.>> Additional elements in fiar plan
report.--Each semi-annual report on the Financial Improvement
and Audit Readiness Plan of the Department of Defense submitted
by the Under Secretary of Defense (Comptroller) under section
1003(b) of the National Defense Authorization Act for Fiscal
Year 2010 (Public Law 111-84; 123 Stat. 2439; 10 U.S.C. 2222
note) during the period beginning on the date of the enactment
of this Act and ending on September 30, 2014, shall include the
following:
(A) A description of the actions taken by the
military departments pursuant to paragraph (1).
(B) A determination by the Chief Management Officer
of each military department whether or not such military
department is able to achieve an auditable statement of
budgetary resources by September 30, 2014, without an
unaffordable or unsustainable level of one-time fixes
and manual work-arounds and without delaying the full
auditability of the financial statements of such
military department.
(C) If the Chief Management Officer of a military
department determines under subparagraph (B) that the
military department is not able to achieve an auditable
statement of budgetary resources by September 30, 2014,
as described in that subparagraph--
(i) an explanation why the military department
is unable to meet the deadline;
[[Page 126 STAT. 1905]]
(ii) an alternative deadline by which the
military department will achieve an auditable
statement of budgetary resources; and
(iii) a description of the plan of the
military department for meeting the alternative
deadline.
SEC. 1006. REPORT ON BALANCES CARRIED FORWARD BY THE DEPARTMENT OF
DEFENSE AT THE END OF FISCAL YEAR 2012.
Not <<NOTE: Web posting. Public information.>> later than 180 days
after the date of the enactment of this Act, the Secretary of Defense
shall submit to Congress, and publish on the Internet website of the
Department of Defense available to the public, the following:
(1) The total dollar amount of all balances carried forward
by the Department of Defense at the end of fiscal year 2012 by
account.
(2) The total dollar amount of all unobligated balances
carried forward by the Department of Defense at the end of
fiscal year 2012 by account.
(3) The total dollar amount of any balances (both obligated
and unobligated) that have been carried forward by the
Department of Defense for five years or more as of the end of
fiscal year 2012 by account.
SEC. 1007. REPORT ON ELIMINATION AND STREAMLINING OF REPORTING
REQUIREMENTS, THRESHOLDS, AND STATUTORY
AND REGULATORY REQUIREMENTS RESULTING
FROM UNQUALIFIED AUDIT OPINION OF
DEPARTMENT OF DEFENSE FINANCIAL
STATEMENTS.
Not <<NOTE: Lists.>> later than 180 days after the date of the
enactment of this Act, the Under Secretary of Defense (Comptroller)
shall submit to the congressional defense committees a report setting
forth, in the opinion of the Under Secretary, the following:
(1) A list of reports currently required by law to be
submitted by the Department of Defense to Congress that would be
no longer necessary if the financial statements of the
Department of Defense were audited with an unqualified opinion.
(2) A list of each statutory and regulatory requirement that
would be no longer necessary if the financial statements of the
Department of defense were audited with an unqualified opinion.
(3) A list of each statutory and regulatory requirement that
could be revised and streamlined if the financial statement of
the Department of Defense were audited with an unqualified
opinion.
Subtitle B--Counter-Drug Activities
SEC. 1008. EXTENSION OF THE AUTHORITY TO ESTABLISH AND OPERATE
NATIONAL GUARD COUNTERDRUG SCHOOLS.
Section 901 of the Office of National Drug Control Policy
Reauthorization Act of 2006 (Public Law 109-469; 120 Stat. 3536; 32
U.S.C. 112 note) is amended--
(1) in subsection (c)--
(A) by striking paragraph (1) and redesignating
paragraphs (2) through (5) as paragraphs (1) through
(4), respectively; and
(B) by adding at the end the following new
paragraph:
[[Page 126 STAT. 1906]]
``(5) The Western Regional Counterdrug Training Center, Camp
Murray, Washington.'';
(2) by striking subsection (f) and inserting the following
new subsection (f):
``(f) Annual Report on Activities.--Not later than February 1 each
year, the Secretary of Defense shall submit to Congress a report on the
activities of the National Guard counterdrug schools during the
preceding year. Each such report shall set forth a description of the
activities of each National Guard counterdrug school for the fiscal year
preceding the fiscal year during which the report is submitted,
including--
``(1) the amount of funding made available and the
appropriation account for each National Guard counterdrug school
during such fiscal year;
``(2) the cumulative amount of funding made available for
each National Guard counterdrug school during five fiscal years
preceding such fiscal year;
``(3) a description of the curriculum and training used at
each National Guard counterdrug school;
``(4) a description of how the activities conducted at each
National Guard counterdrug school fulfilled Department of
Defense counterdrug mission;
``(5) a list of the entities described in subsection (b)
whose personnel received training at each National Guard
counterdrug school; and
``(6) updates, if any, to the Department of Defense
regulations prescribed under subsection (a).''; and
(3) in subsection (g)--
(A) in paragraph (1), by striking ``There is hereby
authorized'' and all that follows through ``such fiscal
year'' and inserting the following: ``Not more than
$30,000,000 may be expended by the Secretary of Defense
for purposes of the National Guard counterdrug schools
in any fiscal year''; and
(B) in paragraph (2), by striking ``amount
authorized to be appropriated by paragraph (1)'' and
inserting ``amount expended pursuant to paragraph (1)''.
SEC. 1009. BIANNUAL REPORTS ON USE OF FUNDS IN THE DRUG
INTERDICTION AND COUNTER-DRUG
ACTIVITIES, DEFENSE-WIDE ACCOUNT.
(a) <<NOTE: Time periods.>> Biannual Reports on Expenditures of
Funds.--Not later than 60 days after the end of the first half of a
fiscal year and after the end of the second half of a fiscal year, the
Secretary of Defense shall submit to the congressional defense
committees a report setting forth a description of the expenditure of
funds, by project code, from the Drug Interdiction and Counter-Drug
Activities, Defense-wide account during such half of the fiscal year,
including expenditures of funds in direct or indirect support of the
counter-drug activities of foreign governments.
(b) Information on Support of Counter-drug Activities of Foreign
Governments.--The information in a report under subsection (a) on direct
or indirect support of the counter-drug activities of foreign
governments shall include, for each foreign government so supported, the
following:
(1) The total amount of assistance provided to, or expended
on behalf of, the foreign government.
[[Page 126 STAT. 1907]]
(2) A description of the types of counter-drug activities
conducted using the assistance.
(3) An explanation of the legal authority under which the
assistance was provided.
(c) Definitions.--In this section:
(1) The term ``first half of a fiscal year'' means the
period beginning on October 1 of any year and ending on March 31
of the following year.
(2) The term ``second half of a fiscal year'' means the
period beginning on April 1 of any year and ending on September
30 of such year.
(d) Cessation of Requirement.--No report shall be required under
subsection (a) for any half of a fiscal year beginning on or after
October 1, 2017.
(e) Repeal of Obsolete Authority.--Section 1022 of the Floyd D.
Spence National Defense Authorization Act for Fiscal Year 2001 (as
enacted into law by Public Law 106-398) is hereby repealed.
SEC. 1010. EXTENSION OF AUTHORITY TO SUPPORT UNIFIED COUNTER-DRUG
AND COUNTERTERRORISM CAMPAIGN IN
COLOMBIA.
Section 1021 of the Ronald W. Reagan National Defense Authorization
Act for Fiscal Year 2005 (Public Law 108-375; 118 Stat. 2042), as most
recently amended by section 1007 of the National Defense Authorization
Act for Fiscal Year 2012 (Public Law 112-81; 125 Stat. 1558), is
amended--
(1) in subsection (a), by striking ``2012'' and inserting
``2013''; and
(2) in subsection (c), by striking ``2012'' and inserting
``2013''.
SEC. 1011. EXTENSION OF AUTHORITY FOR JOINT TASK FORCES TO PROVIDE
SUPPORT TO LAW ENFORCEMENT AGENCIES
CONDUCTING COUNTER-TERRORISM ACTIVITIES.
Section 1022(b) of the National Defense Authorization Act for Fiscal
Year 2004 (Public Law 108-136; 117 Stat. 1594; 10 U.S.C. 371 note) is
amended by striking ``2012'' and inserting ``2013''.
SEC. 1012. REQUIREMENT FOR BIENNIAL CERTIFICATION ON PROVISION OF
SUPPORT FOR COUNTER-DRUG ACTIVITIES TO
CERTAIN FOREIGN GOVERNMENTS.
Section 1033 of the National Defense Authorization Act for Fiscal
Year 1998 (Public Law 105-85; 111 Stat. 1881), as most recently amended
by section 1006 of the National Defense Authorization Act for Fiscal
Year 2012 (Public Law 112-81; 125 Stat. 1557), is further amended--
(1) in subsection (f)(1), by striking ``the written
certification described in subsection (g) for that fiscal
year.'' and inserting ``a written certification described in
subsection (g) applicable to that fiscal year. The first such
certification with respect to any such government may apply only
to a period of one fiscal year. Subsequent certifications with
respect to any such government may apply to a period of not to
exceed two fiscal years.''; and
(2) in subsection (g), in the matter preceding paragraph
(1)--
(A) by striking ``The written'' and inserting ``A
written''; and
[[Page 126 STAT. 1908]]
(B) by striking ``for a fiscal year'' and all that
follows through the colon and inserting ``for a
government to receive support under this section for any
period of time is a certification of each of the
following with respect to that government:''.
Subtitle C--Naval Vessels and Shipyards
SEC. 1013. POLICY RELATING TO MAJOR COMBATANT VESSELS OF THE
STRIKE FORCES OF THE UNITED STATES NAVY.
Section 1012(b) of the National Defense Authorization Act for Fiscal
Year 2008 (Public Law 110-181; 122 Stat. 303), as most recently amended
by section 1015 of the Duncan Hunter National Defense Authorization Act
for Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4586), <<NOTE: 10
USC 7291 note.>> is amended by striking ``Secretary of Defense'' and all
that follows through the period and inserting the following:
``Secretary <<NOTE: Notification.>> of the Navy notifies the
congressional defense committees that, as a result of a cost-benefit
analysis, it would not be practical for the Navy to design the class of
ships with an integrated nuclear power system.''.
SEC. 1014. LIMITATION ON AVAILABILITY OF FUNDS FOR DELAYED ANNUAL
NAVAL VESSEL CONSTRUCTION PLAN.
(a) In General.--Section 231 of title 10, United States Code, is
amended--
(1) by redesignating subsection (e) as subsection (f); and
(2) by inserting after subsection (d) the following new
subsection (e):
``(e) Limitation on Availability of Funds for Fiscal Years Without
Plan and Certification.--(1) If the Secretary of Defense does not
include with the defense budget materials for a fiscal year the plan and
certification under subsection (a), the Secretary of the Navy may not
use more than 50 percent of the funds described in paragraph (2) during
the fiscal year in which such materials are submitted until the date on
which such plan and certification are submitted to the congressional
defense committees.
``(2) The funds described in this paragraph are funds made available
to the Secretary of the Navy for operation and maintenance, Navy, for
emergencies and extraordinary expenses.''.
(b) Conforming Amendment.--Section 12304b(i) of title 10, United
States Code, is amended by striking ``section 231(g)(2)'' and inserting
``section 231(f)(2)''.
SEC. 1015. RETIREMENT OF NAVAL VESSELS.
(a) Report Required.--Not later than 30 days after the date of the
enactment of this Act, the Chief of Naval Operations shall submit to the
congressional defense committees a report that sets forth a
comprehensive description of the current requirements of the Navy for
combatant vessels of the Navy, including submarines.
(b) Additional Report Element if Less Than 313 Vessels Required.--If
the number of combatant vessels for the Navy (including submarines)
specified as being required in the report under subsection (a) is less
than 313 combatant vessels, the report shall include a justification for
the number of vessels specified as being so required and the rationale
by which the number of vessels is considered consistent with applicable
strategic guidance issued by the President and the Secretary of Defense
in 2012.
[[Page 126 STAT. 1909]]
SEC. 1016. TERMINATION OF A MARITIME PREPOSITIONING SHIP SQUADRON.
(a) Report Required.--
(1) In general.--Not later than 60 days after the date of
the enactment of this Act, the Chief of Naval Operations and the
Commandant of the Marine Corps shall jointly submit to the
congressional defense committees a report setting forth an
assessment of the Marine Corps Prepositioning Program-Norway and
the capability of that program to address any readiness gaps
that will be created by the termination of Maritime
Prepositioning Ship Squadron One in the Mediterranean.
(2) Elements.--The report required by paragraph (1) shall
include the following:
(A) A detailed description of the time required to
transfer stockpiles onto naval vessels for use in
contingency operations.
(B) A comparison of the response time of the Marine
Corps Prepositioning Program-Norway with the response
time of Maritime Prepositioning Ship Squadron One.
(C) A description of the equipment stored in the
stockpiles of the Marine Corps Prepositioning Program-
Norway, the differences (if any) between that equipment
and the equipment of a Maritime Prepositioning Ship
squadron, and any increased risk or operational plan
impacts associated with using Prepositioning Program-
Norway to fulfill the Maritime Prepositioning Ship
squadron requirements.
(D) A description and assessment of the current age
and state of maintenance of the equipment of the Marine
Corps Maritime Prepositioning Program-Norway.
(E) A plan to address future requirements, equipment
shortages, and modernization needs of the Marine Corps
Maritime Prepositioning Program-Norway.
(b) Limitation on Availability of Funds.--Amounts authorized to be
appropriated by this Act may not be obligated or expended to terminate a
Maritime Prepositioning Ship squadron until the date of the submittal to
the congressional defense committees of the report required by
subsection (a).
SEC. 1017. SENSE OF CONGRESS ON RECAPITALIZATION FOR THE NAVY AND
COAST GUARD.
(a) Findings.--Congress makes the following findings:
(1) More than 70 percent of the world's surface is comprised
of navigable oceans.
(2) More than 80 percent of the population of the world
lives within 100 miles of an ocean.
(3) More than 90 percent of the world's commerce traverses
an ocean.
(4) The national security of the United States is
inextricably linked to the maintenance of global freedom of
access for both the strategic and commercial interests of the
United States.
(5) To maintain that freedom of access the sea services of
the United States, composed of the Navy, the Marine Corps, and
the Coast Guard, must be sufficiently positioned as rotationally
globally deployable forces with the capability to decisively
defend United States citizens, homeland, and interests abroad
from direct or asymmetric attack and must
[[Page 126 STAT. 1910]]
be comprised of sufficient vessels to maintain global freedom of
action.
(6) To achieve appropriate capabilities to ensure national
security, the Government of the United States must continue to
recapitalize the fleets of the Navy and Coast Guard and must
continue to conduct vital maintenance and repair of existing
vessels to ensure such vessels meet service life goals.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the sea services of the United States should be funded
and maintained to provide the broad spectrum of capabilities
required to protect the national security of the United States;
(2) such capabilities should include--
(A) the ability to project United States power
rapidly anywhere on the globe without the need for host
nation basing permission or long and potentially
vulnerable logistics supply lines;
(B) the ability to land and recover maritime forces
from the sea for direct combat action, to evacuate
United States citizens from hostile situations, and to
provide humanitarian assistance where needed;
(C) the ability to operate from the subsurface with
overpowering conventional combat power, as well as
strategic deterrence; and
(D) the ability to operate in collaboration with
United States maritime partners in the common interest
of preventing piracy at sea and maintaining the
commercial sea lanes available for global commerce;
(3) the Secretary of Defense, in coordination with the
Secretary of the Navy, should maintain the recapitalization
plans for the Navy as a priority in all future force structure
decisions; and
(4) the Secretary of Homeland Security should maintain the
recapitalization plans for the Coast Guard as a priority in all
future force structure decisions.
SEC. 1018. NOTICE TO CONGRESS FOR THE REVIEW OF PROPOSALS TO NAME
NAVAL VESSELS.
(a) <<NOTE: 10 USC 7292 note.>> Findings.--Congress makes the
following findings:
(1) The Navy traces its ancestry to October 13, 1775, when
an Act of the Continental Congress authorized the first vessel
of a navy for the United Colonies. Vessels of the Continental
Navy were named for early patriots and military heroes, Federal
institutions, colonial cities, and positive character traits
representative of naval and military virtues.
(2) An Act of Congress on March 3, 1819, made the Secretary
of the Navy responsible for assigning names to vessels of the
Navy. Traditional sources for vessel names customarily
encompassed such categories as geographic locations in the
United States; historic sites, battles, and ships; naval and
military heroes and leaders; and noted individuals who made
distinguished contributions to United States national security.
(3) These customs and traditions provide appropriate and
necessary standards for the naming of vessels of the Navy.
(b) Notice to Congress.--Section 7292 of title 10, United States
Code, is amended by adding at the end the following new subsection:
[[Page 126 STAT. 1911]]
``(d)(1) <<NOTE: Time period. Reports.>> The Secretary of the Navy
may not announce or implement any proposal to name a vessel of the Navy
until 30 days after the date on which the Secretary submits to the
Committees on Armed Services of the Senate and the House of
Representatives a report setting forth such proposal.
``(2) Each report under this subsection shall describe the
justification for the proposal covered by such report in accordance with
the standards referred to in section 1024(a) of the National Defense
Authorization Act for Fiscal Year 2013.''.
(c) <<NOTE: 10 USC 7292 note.>> Effective Date.--This section and
the amendment made by this section shall go into effect on the date that
is 30 days after the date of the enactment of this Act.
Subtitle D--Counterterrorism
SEC. 1021. EXTENSION OF AUTHORITY TO MAKE REWARDS FOR COMBATING
TERRORISM.
(a) Extension.--Section 127b(c)(3)(C) of title 10, United States
Code, is amended by striking ``September 30, 2013'' and inserting
``September 30, 2014''.
(b) Report to Congress.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall submit to the
congressional defense committees a report that outlines the future
requirements and authorities to make rewards for combating terrorism.
The report shall include--
(1) an analysis of future requirements under section 127b of
title 10, United States Code;
(2) a detailed description of requirements for rewards in
support of operations with allied forces; and
(3) an overview of geographic combatant commander
requirements through September 30, 2014.
SEC. 1022. PROHIBITION ON USE OF FUNDS TO CONSTRUCT OR MODIFY
FACILITIES IN THE UNITED STATES TO HOUSE
DETAINEES TRANSFERRED FROM UNITED STATES
NAVAL STATION, GUANTANAMO BAY, CUBA.
(a) In General.--No amounts authorized to be appropriated or
otherwise made available to the Department of Defense for fiscal year
2013 may be used to construct or modify any facility in the United
States, its territories, or possessions to house any individual detained
at Guantanamo for the purposes of detention or imprisonment in the
custody or under the control of the Department of Defense unless
authorized by Congress.
(b) Exception.--The prohibition in subsection (a) shall not apply to
any modification of facilities at United States Naval Station,
Guantanamo Bay, Cuba.
(c) Individual Detained at Guantanamo Defined.--In this section, the
term ``individual detained at Guantanamo'' has the meaning given that
term in section 1028(f)(2).
SEC. 1023. REPORT ON RECIDIVISM OF INDIVIDUALS DETAINED AT UNITED
STATES NAVAL STATION, GUANTANAMO BAY,
CUBA, WHO HAVE BEEN TRANSFERRED TO
FOREIGN COUNTRIES.
(a) Report Required.--Not later than 60 days after the date of the
enactment of this Act, and annually thereafter for five years, the
Director of the Defense Intelligence Agency, in consultation
[[Page 126 STAT. 1912]]
with the head of each element of the intelligence community that the
Director considers appropriate, shall submit to the covered
congressional committees a report assessing the factors that cause or
contribute to the recidivism of individuals detained at Guantanamo who
are transferred or released to a foreign country. Such report shall
include--
(1) a discussion of trends, by country and region, where
recidivism has occurred; and
(2) an assessment of the implementation by foreign countries
of the international arrangements relating to the transfer or
release of individuals detained at Guantanamo reached between
the United States and each foreign country to which an
individual detained at Guantanamo has been transferred or
released.
(b) Form.--The report required under subsection (a) may be submitted
in classified form.
(c) Definitions.--In this section:
(1) The term ``covered congressional committees'' means--
(A) the Committee on Armed Services, the Committee
on Foreign Affairs, and the Permanent Select Committee
on Intelligence of the House of Representatives; and
(B) the Committee on Armed Services, the Committee
on Foreign Relations, and the Select Committee on
Intelligence of the Senate.
(2) The term ``individual detained at Guantanamo'' means any
individual who is or was located at United States Naval Station,
Guantanamo Bay, Cuba, who--
(A) is not a citizen of the United States or a
member of the Armed Forces of the United States; and
(B) on or after January 1, 2002, was--
(i) in the custody or under the control of the
Department of Defense; or
(ii) otherwise under detention at United
States Naval Station, Guantanamo Bay, Cuba.
SEC. 1024. NOTICE AND REPORT ON USE OF NAVAL VESSELS FOR DETENTION
OF INDIVIDUALS CAPTURED OUTSIDE
AFGHANISTAN PURSUANT TO THE
AUTHORIZATION FOR USE OF MILITARY FORCE.
(a) <<NOTE: 10 USC 801 note.>> Notice to Congress.--Not later than
30 days after first detaining an individual pursuant to the
Authorization for Use of Military Force (Public Law 107-40; 50 U.S.C.
1541 note) on a naval vessel outside the United States, the Secretary of
Defense shall submit to the Committees on Armed Services of the Senate
and House of Representatives notice of the detention. In the case of
such an individual who is transferred or released before the submittal
of the notice of the individual's detention, the Secretary shall also
submit to such Committees notice of the transfer or release.
(b) Report.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of Defense shall submit
to the Committees on Armed Services of the Senate and House of
Representatives a report on the use of naval vessels for the
detention outside the United States of any individual who is
detained pursuant to the Authorization for
[[Page 126 STAT. 1913]]
Use of Military Force (Public Law 107-40; 50 U.S.C. 1541 note).
Such report shall include--
(A) procedures and any limitations on detaining such
individuals at sea on board United States naval vessels;
(B) an assessment of any force protection issues
associated with detaining such individuals on such
vessels;
(C) an assessment of the likely effect of such
detentions on the original mission of such naval
vessels; and
(D) any restrictions on long-term detention of
individuals on United States naval vessels.
(2) Form of report.--The report required under paragraph (1)
may be submitted in classified form.
SEC. 1025. <<NOTE: 10 USC 801 note.>> NOTICE REQUIRED PRIOR TO
TRANSFER OF CERTAIN INDIVIDUALS DETAINED
AT THE DETENTION FACILITY AT PARWAN,
AFGHANISTAN.
(a) Notice Required.--The Secretary of Defense shall submit to the
appropriate congressional committees notice in writing of the proposed
transfer of any individual detained pursuant to the Authorization for
Use of Military Force (Public Law 107-40; 50 U.S.C. 1541 note) who is a
national of a country other than the United States or Afghanistan from
detention at the Detention Facility at Parwan, Afghanistan, to the
custody of the Government of Afghanistan or of any other
country. <<NOTE: Deadline.>> Such notice shall be provided not later
than 10 days before such a transfer may take place.
(b) Assessments Required.--Prior to any transfer referred to under
subsection (a), the Secretary shall ensure that an assessment is
conducted as follows:
(1) In the case of the proposed transfer of such an
individual by reason of the individual being released, an
assessment of the threat posed by the individual and the
security environment of the country to which the individual is
to be transferred.
(2) In the case of the proposed transfer of such an
individual to a country other than Afghanistan for the purpose
of the prosecution of the individual, an assessment regarding
the capacity, willingness, and historical track record of the
country with respect to prosecuting similar cases, including a
review of the primary evidence against the individual to be
transferred and any significant admissibility issues regarding
such evidence that are expected to arise in connection with the
prosecution of the individual.
(3) In the case of the proposed transfer of such an
individual for reintegration or rehabilitation in a country
other than Afghanistan, an assessment regarding the capacity,
willingness, and historical track records of the country for
reintegrating or rehabilitating similar individuals.
(4) In the case of the proposed transfer of such an
individual to the custody of the Government of Afghanistan for
prosecution or detention, an assessment regarding the capacity,
willingness, and historical track record of Afghanistan to
prosecute or detain long-term such individuals.
(c) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means the Committee on
Armed Services and the Committee on Foreign Affairs of the House of
Representatives and the Committee on Armed Services and the Committee on
Foreign Relations of the Senate.
[[Page 126 STAT. 1914]]
SEC. 1026. REPORT ON RECIDIVISM OF INDIVIDUALS FORMERLY DETAINED
AT THE DETENTION FACILITY AT PARWAN,
AFGHANISTAN.
(a) Report.--Not later than 120 days after the date of the enactment
of this Act, the Secretary of Defense shall submit to the relevant
congressional committees a report on the estimated recidivism rates and
the factors that appear to contribute to the recidivism of individuals
formerly detained at the Detention Facility at Parwan, Afghanistan, who
were transferred or released, including the estimated total number of
individuals who have been recaptured on one or more occasion.
(b) Form.--The report required under subsection (a) may be submitted
in classified form.
(c) Relevant Congressional Committees Defined.--In this section, the
term ``relevant congressional committees'' means--
(1) the Committee on Armed Services and the Committee on
Foreign Relations of the Senate; and
(2) the Committee on Armed Services and the Committee on
Foreign Affairs of the House of Representatives.
SEC. 1027. PROHIBITION ON THE USE OF FUNDS FOR THE TRANSFER OR
RELEASE OF INDIVIDUALS DETAINED AT
UNITED STATES NAVAL STATION, GUANTANAMO
BAY, CUBA.
None <<NOTE: Khalid Sheikh Mohammed.>> of the funds authorized to be
appropriated by this Act for fiscal year 2013 may be used to transfer,
release, or assist in the transfer or release to or within the United
States, its territories, or possessions of Khalid Sheikh Mohammed or any
other detainee who--
(1) is not a United States citizen or a member of the Armed
Forces of the United States; and
(2) is or was held on or after January 20, 2009, at United
States Naval Station, Guantanamo Bay, Cuba, by the Department of
Defense.
SEC. 1028. <<NOTE: 10 USC 801 note.>> REQUIREMENTS FOR
CERTIFICATIONS RELATING TO THE TRANSFER
OF DETAINEES AT UNITED STATES NAVAL
STATION, GUANTANAMO BAY, CUBA, TO
FOREIGN COUNTRIES AND OTHER FOREIGN
ENTITIES.
(a) Certification Required Prior to Transfer.--
(1) <<NOTE: Deadline.>> In general.--Except as provided in
paragraph (2) and subsection (d), the Secretary of Defense may
not use any amounts authorized to be appropriated or otherwise
available to the Department of Defense for fiscal year 2013 to
transfer any individual detained at Guantanamo to the custody or
control of the individual's country of origin, any other foreign
country, or any other foreign entity unless the Secretary
submits to Congress the certification described in subsection
(b) not later than 30 days before the transfer of the
individual.
(2) <<NOTE: Notification.>> Exception.--Paragraph (1) shall
not apply to any action taken by the Secretary to transfer any
individual detained at Guantanamo to effectuate an order
affecting the disposition of the individual that is issued by a
court or competent tribunal of the United States having lawful
jurisdiction (which the Secretary shall notify Congress of
promptly after issuance).
(b) <<NOTE: Consultation.>> Certification.--A certification
described in this subsection is a written certification made by the
Secretary of Defense, with
[[Page 126 STAT. 1915]]
the concurrence of the Secretary of State and in consultation with the
Director of National Intelligence, that--
(1) the government of the foreign country or the recognized
leadership of the foreign entity to which the individual
detained at Guantanamo is to be transferred--
(A) is not a designated state sponsor of terrorism
or a designated foreign terrorist organization;
(B) maintains control over each detention facility
in which the individual is to be detained if the
individual is to be housed in a detention facility;
(C) is not, as of the date of the certification,
facing a threat that is likely to substantially affect
its ability to exercise control over the individual;
(D) has taken or agreed to take effective actions to
ensure that the individual cannot take action to
threaten the United States, its citizens, or its allies
in the future;
(E) has taken or agreed to take such actions as the
Secretary of Defense determines are necessary to ensure
that the individual cannot engage or reengage in any
terrorist activity; and
(F) has agreed to share with the United States any
information that--
(i) is related to the individual or any
associates of the individual; and
(ii) could affect the security of the United
States, its citizens, or its allies; and
(2) <<NOTE: Assessment.>> includes an assessment, in
classified or unclassified form, of the capacity, willingness,
and past practices (if applicable) of the foreign country or
entity in relation to the Secretary's certifications.
(c) Prohibition in Cases of Prior Confirmed Recidivism.--
(1) Prohibition.--Except as provided in paragraph (2) and
subsection (d), the Secretary of Defense may not use any amounts
authorized to be appropriated or otherwise made available to the
Department of Defense to transfer any individual detained at
Guantanamo to the custody or control of the individual's country
of origin, any other foreign country, or any other foreign
entity if there is a confirmed case of any individual who was
detained at United States Naval Station, Guantanamo Bay, Cuba,
at any time after September 11, 2001, who was transferred to
such foreign country or entity and subsequently engaged in any
terrorist activity.
(2) <<NOTE: Notification.>> Exception.--Paragraph (1) shall
not apply to any action taken by the Secretary to transfer any
individual detained at Guantanamo to effectuate an order
affecting the disposition of the individual that is issued by a
court or competent tribunal of the United States having lawful
jurisdiction (which the Secretary shall notify Congress of
promptly after issuance).
(d) National Security Waiver.--
(1) <<NOTE: Consultation. Determination.>> In general.--The
Secretary of Defense may waive the applicability to a detainee
transfer of a certification requirement specified in
subparagraph (D) or (E) of subsection (b)(1) or the prohibition
in subsection (c), if the Secretary certifies the rest of the
criteria required by subsection (b) for transfers prohibited by
(c) and, with the concurrence of the Secretary of State and in
consultation with the Director of National Intelligence,
determines that--
[[Page 126 STAT. 1916]]
(A) alternative actions will be taken to address the
underlying purpose of the requirement or requirements to
be waived;
(B) in the case of a waiver of subparagraph (D) or
(E) of subsection (b)(1), it is not possible to certify
that the risks addressed in the paragraph to be waived
have been completely eliminated, but the actions to be
taken under subparagraph (A) will substantially mitigate
such risks with regard to the individual to be
transferred;
(C) in the case of a waiver of subsection (c), the
Secretary has considered any confirmed case in which an
individual who was transferred to the country
subsequently engaged in terrorist activity, and the
actions to be taken under subparagraph (A) will
substantially mitigate the risk of recidivism with
regard to the individual to be transferred; and
(D) the transfer is in the national security
interests of the United States.
(2) Reports.--Whenever the Secretary makes a determination
under paragraph (1), the Secretary shall submit to the
appropriate committees of Congress, not later than 30 days
before the transfer of the individual concerned, the following:
(A) A copy of the determination and the waiver
concerned.
(B) A statement of the basis for the determination,
including--
(i) an explanation why the transfer is in the
national security interests of the United States;
(ii) in the case of a waiver of paragraph (D)
or (E) of subsection (b)(1), an explanation why it
is not possible to certify that the risks
addressed in the paragraph to be waived have been
completely eliminated; and
(iii) a classified summary of--
(I) the individual's record of
cooperation while in the custody of or
under the effective control of the
Department of Defense; and
(II) the agreements and mechanisms
in place to provide for continuing
cooperation.
(C) A summary of the alternative actions to be taken
to address the underlying purpose of, and to mitigate
the risks addressed in, the paragraph or subsection to
be waived.
(D) The assessment required by subsection (b)(2).
(e) Record of Cooperation.--In assessing the risk that an individual
detained at Guantanamo will engage in terrorist activity or other
actions that could affect the security of the United States if released
for the purpose of making a certification under subsection (b) or a
waiver under subsection (d), the Secretary of Defense may give favorable
consideration to any such individual--
(1) who has substantially cooperated with United States
intelligence and law enforcement authorities, pursuant to a pre-
trial agreement, while in the custody of or under the effective
control of the Department of Defense; and
(2) for whom agreements and effective mechanisms are in
place, to the extent relevant and necessary, to provide for
[[Page 126 STAT. 1917]]
continued cooperation with United States intelligence and law
enforcement authorities.
(f) Definitions.--In this section:
(1) The term ``appropriate committees of Congress'' means--
(A) the Committee on Armed Services, the Committee
on Appropriations, and the Select Committee on
Intelligence of the Senate; and
(B) the Committee on Armed Services, the Committee
on Appropriations, and the Permanent Select Committee on
Intelligence of the House of Representatives.
(2) The term ``individual detained at Guantanamo'' means any
individual located at United States Naval Station, Guantanamo
Bay, Cuba, as of October 1, 2009, who--
(A) is not a citizen of the United States or a
member of the Armed Forces of the United States; and
(B) is--
(i) in the custody or under the control of the
Department of Defense; or
(ii) otherwise under detention at United
States Naval Station, Guantanamo Bay, Cuba.
(3) The term ``foreign terrorist organization'' means any
organization so designated by the Secretary of State under
section 219 of the Immigration and Nationality Act (8 U.S.C.
1189).
SEC. 1029. <<NOTE: 10 USC 801 note.>> RIGHTS UNAFFECTED.
Nothing in the Authorization for Use of Military Force (Public Law
107-40; 50 U.S.C. 1541 note) or the National Defense Authorization Act
for Fiscal Year 2012 (Public Law 112-81) shall be construed to deny the
availability of the writ of habeas corpus or to deny any Constitutional
rights in a court ordained or established by or under Article III of the
Constitution to any person inside the United States who would be
entitled to the availability of such writ or to such rights in the
absence of such laws.
Subtitle E--Nuclear Forces
SEC. 1031. NUCLEAR WEAPONS EMPLOYMENT STRATEGY OF THE UNITED
STATES.
(a) Reports on Strategy.--Section 491 of title 10, United States
Code, is--
(1) transferred to chapter 24 of such title, as added by
subsection (b)(1); and
(2) amended--
(A) in the heading, by inserting ``weapons'' after
``Nuclear'';
(B) by striking ``nuclear employment strategy'' each
place it appears and inserting ``nuclear weapons
employment strategy'';
(C) in paragraph (1)--
(i) by inserting ``the'' after ``modifications
to''; and
(ii) by inserting ``, plans, and options''
after ``employment strategy'';
(D) by inserting after paragraph (3) the following
new paragraph:
[[Page 126 STAT. 1918]]
``(4) The extent to which such modifications include an
increased reliance on conventional or non-nuclear global strike
capabilities or missile defenses of the United States.'';
(E) by striking ``On the date'' and inserting ``(a)
Reports.--On the date''; and
(F) by adding at the end the following new
subsections:
``(b) Annual Briefings.--Not later than March 15 of each year, the
Secretary of Defense shall provide to the congressional defense
committees a briefing regarding the nuclear weapons employment strategy,
plans, and options of the United States.
``(c) Notification of Anomalies.--(1) The Secretary of Defense shall
submit to the congressional defense committees written notification of
an anomaly in the nuclear command, control, and communications system of
the United States that is reported to the Secretary of Defense or the
Nuclear Weapons Council by not later than 14 days after the date on
which the Secretary or the Council learns of such anomaly, as the case
may be.
``(2) In this subsection, the term `anomaly' means any unplanned,
irregular, or abnormal event, whether unexplained or caused
intentionally or unintentionally by a person or a system.''.
(b) Clerical and Conforming Amendments.--
(1) Chapter 24.--Part I of subtitle A of title 10, United
States Code, <<NOTE: 10 USC prec. 491.>> is amended by adding at
the end the following new chapter:
``CHAPTER 24--NUCLEAR POSTURE
``Sec.
``491. Nuclear weapons employment strategy of the United States: reports
on modification of strategy.''.
(2) Table of chapters.--The table of chapters at the
beginning of subtitle A of title 10, United States Code, and at
the beginning of part I of such subtitle, <<NOTE: 10 USC prec.
101.>> are each amended by inserting after the item relating to
chapter 23 the following new item:
``24. Nuclear posture.............................................491''.
(3) Transfer of provisions.--
(A) Chapter 23.--Chapter 23 of title 10, United
States Code, is amended as follows:
(i) Section 490a is--
(I) transferred to chapter 24 of
such title, as added by paragraph (1);
(II) inserted after section 491 of
such title, as added to such chapter 24
by subsection (a)(1); and
(III) redesignated as section 492.
(ii) The table of sections at the beginning of
such chapter 23 <<NOTE: 10 USC prec. 480.>> is
amended by striking the items relating to sections
490a and 491.
(B) FY12 ndaa.--Section 1077 of the National Defense
Authorization Act for Fiscal Year 2012 (Public Law 112-
81; 50 U.S.C. 2514) is--
(i) transferred to chapter 24 of title 10,
United States Code, as added by paragraph (1);
(ii) inserted after section 492 of such title,
as added by subparagraph (A)(i);
(iii) redesignated as section 493; and
[[Page 126 STAT. 1919]]
(iv) amended by striking ``the date of the
enactment of this Act'' and inserting ``December
31, 2011,''.
(III) by striking ``the date of the
enactment of this Act'' and inserting
``December 31, 2011,''.
(C) Clerical amendments.--
(i) Table of sections.--The table of sections
at the beginning of chapter 24 of title 10, United
States Code, as added by paragraph (1), <<NOTE: 10
USC prec. 491.>> is amended by inserting after the
item relating to section 491 the following new
items:
``492. Biennial assessment and report on the delivery platforms for
nuclear weapons and the nuclear command and control system.
``493. Reports to Congress on the modification of the force structure
for the strategic nuclear weapons delivery systems of the
United States.''.
(ii) Section heading typeface and typestyle.--
Section 493 of title 10, United States Code, as
added by subparagraph (B), is amended--
(I) in the enumerator, by striking
``SEC.'' and inserting ``Sec. ''; and
(II) in the section heading--
(aa) by striking the period
at the end; and
(bb) by conforming the
typeface and typestyle,
including capitalization, to the
typeface and typestyle as used
in the section heading of
section 491 of such title.
(4) Conforming amendment.--Section 1031(b) of the National
Defense Authorization Act for Fiscal Year 2012 (Public Law 112-
81; 125 Stat. 1574) <<NOTE: 10 USC 490a note.>> is amended by
striking ``section 490a of title 10, United States Code, as
added by subsection (a),'' and inserting ``section 492 of title
10, United States Code,''.
SEC. 1032. PROGRESS OF MODERNIZATION.
(a) <<NOTE: Deadline. President.>> Nuclear Employment Strategy.--
Subsection (a) of section 491 of title 10, United States Code, as
amended by section 1031, is amended by striking ``On the date on which
the President issues'' and inserting ``By not later than 60 days before
the date on which the President implements''.
(b) Reports Required.--Such section 491 is further amended by adding
at the end the following:
``(d) <<NOTE: President.>> Reports on 2010 Nuclear Posture Review
Implementation Study Decisions.--During each of fiscal years 2012
through 2021, not later than 60 days before the date on which the
President carries out the results of the decisions made pursuant to the
2010 Nuclear Posture Review Implementation Study that would alter the
nuclear weapons employment strategy, guidance, plans, or options of the
United States, the President shall--
``(1) ensure that the annual report required under section
1043(a)(1) of the National Defense Authorization Act for Fiscal
Year 2012 (Public Law 112-81; 125 Stat. 1576) is transmitted to
Congress, if so required;
``(2) ensure that the report required under section
494(a)(2)(A) of this title is transmitted to Congress, if so
required under such section; and
``(3) transmit to the congressional defense committees a
report providing the high-, medium-, and low- confidence
assessments of the intelligence community (as defined in section
[[Page 126 STAT. 1920]]
3(4) of the National Security Act of 1947 (50 U.S.C. 401a(4)))
as to whether the United States will have significant warning of
a strategic surprise or breakout caused by foreign nuclear
weapons developments.''.
SEC. 1033. REPORT IN THE EVENT OF INSUFFICIENT FUNDING FOR
MODERNIZATION OF NUCLEAR WEAPONS
STOCKPILE.
(a) Sense of Congress.--It is the sense of Congress that--
(1) consistent with Condition 9 of the Resolution of Advice
and Consent to Ratification of the New START Treaty of the
Senate, agreed to on December 22, 2010, the United States is
committed to ensuring the safety, security, reliability, and
credibility of its nuclear forces; and
(2) the United States is committed to--
(A) proceeding with a robust stockpile stewardship
program and maintaining and modernizing nuclear weapons
production capabilities and capacities of the United
States to ensure the safety, security, reliability, and
credibility of the nuclear arsenal of the United States
at the New START Treaty levels and meeting requirements
for hedging against possible international developments
or technical problems;
(B) reinvigorating and sustaining the nuclear
security laboratories of the United States and
preserving the core nuclear weapons competencies
therein; and
(C) providing the resources needed to achieve these
objectives, using as a starting point the levels set
forth in the President's 10-year plan provided to
Congress in November 2010 pursuant to section 1251 of
the National Defense Authorization Act for Fiscal Year
2010 (Public Law 111-84; 123 Stat. 2549).
(b) Insufficient Funding Report.--
(1) In general.--Section 1045 of the National Defense
Authorization Act for Fiscal Year 2012 (Public Law 112-81; 50
U.S.C. 2523b) is--
(A) transferred to chapter 24 of title 10, United
States Code, as added by section 1031(b);
(B) inserted after section 493 of such title, as
added to such chapter 24 by such section 1031(b);
(C) redesignated as section 494; and
(D) amended by amending paragraph (2) of subsection
(a) to read as follows:
``(2) <<NOTE: President. Determination.>> Insufficient
funding.--
``(A) Report.--During each year in which the New
START Treaty is in force, if the President determines
that an appropriations Act is enacted that fails to meet
the resource levels set forth in the November 2010
update to the plan referred to in section 1251 of the
National Defense Authorization Act for Fiscal Year 2010
(Public Law 111-84; 123 Stat. 2549) or if at any time
determines that more resources are required to carry out
such plan than were estimated, the President shall
transmit to the appropriate congressional committees,
within 60 days of making such a determination, a report
detailing--
``(i) a plan to address the resource
shortfall;
``(ii) if more resources are required to carry
out the plan than were estimated--
[[Page 126 STAT. 1921]]
``(I) the proposed level of funding
required; and
``(II) an identification of the
stockpile work, campaign, facility,
site, asset, program, operation,
activity, construction, or project for
which additional funds are required;
``(iii) any effects caused by the shortfall on
the safety, security, reliability, or credibility
of the nuclear forces of the United States;
``(iv) whether and why, in light of the
shortfall, remaining a party to the New START
Treaty is still in the national interest of the
United States; and
``(v) a detailed explanation of why the
modernization timelines established in the 2010
Nuclear Posture Review are no longer applicable.
``(B) Prior notification.--If the President
transmits a report under subparagraph (A), the President
shall notify the appropriate congressional committees of
any determination by the President to reduce the number
of deployed nuclear warheads of the United States by not
later than 60 days before taking any action to carry out
such reduction.
``(C) Exception.--The limitation in subparagraph (B)
shall not apply to--
``(i) reductions made to ensure the safety,
security, reliability, and credibility of the
nuclear weapons stockpile and strategic delivery
systems, including activities related to
surveillance, assessment, certification, testing,
and maintenance of nuclear warheads and strategic
delivery systems; or
``(ii) nuclear warheads that are retired or
awaiting dismantlement on the date of the report
under subparagraph (A).
``(D) Definitions.--In this paragraph:
``(i) The term `appropriate congressional
committees' means--
``(I) the congressional defense
committees; and
``(II) the Committee on Foreign
Relations of the Senate and the
Committee on Foreign Affairs of the
House of Representatives.
``(ii) The term `New START Treaty' means the
Treaty between the United States of America and
the Russian Federation on Measures for the Further
Reduction and Limitation of Strategic Offensive
Arms, signed on April 8, 2010, and entered into
force on February 5, 2011.''.
(2) Clerical amendments.--
(A) Table of contents.--The table of sections at the
beginning of chapter 24 of title 10, United States Code,
as added by section 1031(b), <<NOTE: 10 USC prec.
491.>> is amended by inserting after the item relating
to section 493 the following new item:
``494. Nuclear force reductions.''.
(B) Section heading typeface and typestyle.--Section
494 of title 10, United States Code, as added by
paragraph (1), is amended--
[[Page 126 STAT. 1922]]
(i) in the enumerator, by striking ``SEC.''
and inserting ``Sec. ''; and
(ii) in the section heading--
(I) by striking the period at the
end; and
(II) by conforming the typeface and
typestyle, including capitalization, to
the typeface and typestyle as used in
the section heading of section 491 of
such title.
(4) <<NOTE: 10 USC 494 note.>> Effective date.--The
amendment made by paragraph (1)(D) shall take effect on October
1, 2012.
SEC. 1034. <<NOTE: President.>> PREVENTION OF ASYMMETRY OF NUCLEAR
WEAPON STOCKPILE REDUCTIONS.
Section 494 of title 10, United States Code, as added by section
1033(b)(1), is amended by adding at the end the following new
subsection:
``(d) Prevention of Asymmetry in Reductions.--
``(1) Certification.--During any year in which the President
recommends to reduce the number of nuclear weapons in the active
and inactive stockpiles of the United States by a number that is
greater than a de minimis reduction, the President shall certify
in writing to the congressional defense committees whether such
reductions will cause the number of nuclear weapons in such
stockpiles to be fewer than the high-confidence assessment of
the intelligence community (as defined in section 3(4) of the
National Security Act of 1947 (50 U.S.C. 401a(4))) with respect
to the number of nuclear weapons in the active and inactive
stockpiles of the Russian Federation.
``(2) <<NOTE: Reports.>> Notification.--If the President
certifies under paragraph (1) that the recommended number of
nuclear weapons in the active and inactive stockpiles of the
United States is fewer than the high-confidence assessment of
the intelligence community with respect to the number of nuclear
weapons in the active and inactive stockpiles of the Russian
Federation, the President shall transmit to the congressional
defense committees a report by the Commander of the United
States Strategic Command, without change, detailing whether the
recommended reduction would create a strategic imbalance or
degrade deterrence and extended deterrence between the total
number of nuclear weapons of the United States and the total
number of nuclear weapons of the Russian
Federation. <<NOTE: Deadline.>> The President shall transmit
such report by not later than 60 days before the date on which
the President carries out any such recommended reductions.
``(3) Exception.--The notification in paragraph (2) shall
not apply to--
``(A) reductions made to ensure the safety,
security, reliability, and credibility of the nuclear
weapons stockpile and strategic delivery systems,
including activities related to surveillance,
assessment, certification, testing, and maintenance of
nuclear warheads and strategic delivery systems; or
``(B) nuclear warheads that are retired or awaiting
dismantlement on the date of the certification under
paragraph (1).
[[Page 126 STAT. 1923]]
``(4) Additional views.--On the date on which the President
transmits to the congressional defense committees a report by
the Commander of the United States Strategic Command under
paragraph (2), the President may transmit to such committees a
report by the President with respect to whether the recommended
reductions covered by the report of the Commander will impact
the deterrence or extended deterrence capabilities of the United
States.''.
SEC. 1035. <<NOTE: President.>> STRATEGIC DELIVERY SYSTEMS.
(a) In General.--Chapter 24 of title 10, United States Code, as
added by section 1031(b), is amended by inserting after section 494, as
added by section 1033(b)(1), the following new section:
``Sec. 495. <<NOTE: 10 USC 495.>> Strategic delivery systems
``(a) <<NOTE: Effective date.>> Annual Certification.--Beginning in
fiscal year 2013, the President shall annually certify in writing to the
congressional defense committees whether plans to modernize or replace
strategic delivery systems are fully funded at levels equal to or more
than the levels set forth in the November 2010 update to the plan
referred to in section 1251 of the National Defense Authorization Act
for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2549), including
plans regarding--
``(1) a heavy bomber and air-launched cruise missile;
``(2) an intercontinental ballistic missile;
``(3) a submarine-launched ballistic missile;
``(4) a ballistic missile submarine; and
``(5) maintaining the nuclear command and control system (as
first reported under section 1043 of the National Defense
Authorization Act for Fiscal Year 2012 (Public Law 112-81; 125
Stat. 1576)).
``(b) <<NOTE: Determination.>> Additional Report Matters Following
Certain Certifications.--If in any year before fiscal year 2020 the
President certifies under subsection (a) that plans to modernize or
replace strategic delivery systems are not fully funded, the President
shall include in the next annual report transmitted to Congress under
section 1043 of the National Defense Authorization Act for Fiscal Year
2012 the following:
``(1) A determination of whether or not the lack of full
funding will result in a loss of military capability when
compared with the November 2010 update to the plan referred to
in section 1251 of the National Defense Authorization Act for
Fiscal Year 2010.
``(2) If the determination under paragraph (1) is that the
lack of full funding will result in a loss of military
capability--
``(A) <<NOTE: Plans.>> a plan to preserve or retain
the military capability that would otherwise be lost; or
``(B) a report setting forth--
``(i) <<NOTE: Assessment.>> an assessment of
the impact of the lack of full funding on the
strategic delivery systems specified in subsection
(a); and
``(ii) a description of the funding required
to restore or maintain the capability.
``(3) A certification by the President of whether or not the
President is committed to accomplishing the modernization and
replacement of strategic delivery systems and will meet the
obligations concerning nuclear modernization as set forth
[[Page 126 STAT. 1924]]
in declaration 12 of the Resolution of Advice and Consent to
Ratification of the New START Treaty.
``(c) <<NOTE: Deadline.>> Prior Notification.--Not later than 60
days before the date on which the President carries out any reduction to
the number of strategic delivery systems, the President shall--
``(1) make the certification under subsection (a) for the
fiscal year for which the reductions are proposed to be carried
out;
``(2) transmit the additional report matters under
subsection (b) for such fiscal year, if such additional report
matters are so required; and
``(3) <<NOTE: Certification.>> certify to the congressional
defense committees that the Russian Federation is in compliance
with its arms control obligations with the United States and is
not engaged in activity in violation of, or inconsistent with,
such obligations.
``(d) Treatment of Certain Reductions.--Any certification under
subsection (a) shall not take into account the following:
``(1) Reductions made to ensure the safety, security,
reliability, and credibility of the nuclear weapons stockpile
and strategic delivery systems, including activities related to
surveillance, assessment, certification, testing, and
maintenance of nuclear warheads and delivery systems.
``(2) Strategic delivery systems that are retired or
awaiting dismantlement on the date of the certification under
subsection (a).
``(e) Definitions.--In this section:
``(1) The term `New START Treaty' means the Treaty between
the United States of America and the Russian Federation on
Measures for the Further Reduction and Limitation of Strategic
Offensive Arms, signed on April 8, 2010, and entered into force
on February 5, 2011.
``(2) The term `strategic delivery system' means a delivery
system for nuclear weapons.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 24 of such title <<NOTE: 10 USC prec. 491.>> is amended by
inserting after the item relating to section 494, as added by section
1033(b)(2), the following new item:
``495. Strategic delivery systems.''.
SEC. 1036. CONSIDERATION OF EXPANSION OF NUCLEAR FORCES OF OTHER
COUNTRIES.
(a) In General.--Chapter 24 of title 10, United States Code, as
added by section 1031(b), is amended by inserting after section 495, as
added by section 1035(a), the following new section:
``Sec. 496. <<NOTE: 10 USC 496.>> Consideration of expansion of
nuclear forces of other countries
``(a) <<NOTE: President.>> Report and Certification.--Not later than
60 days before the President recommends any reductions to the nuclear
forces of the United States--
``(1) the President shall transmit to the appropriate
congressional committees a report detailing, for each country
with nuclear weapons, the high-, medium-, and low- confidence
assessment of the intelligence community (as defined in section
3(4) of the National Security Act of 1947 (50 U.S.C. 401a(4)))
with respect to--
[[Page 126 STAT. 1925]]
``(A) the number of each type of nuclear weapons
possessed by such country;
``(B) the modernization plans for such weapons of
such country;
``(C) the production capacity of nuclear warheads
and strategic delivery systems (as defined in section
495(e)(2) of this title) of such country;
``(D) the nuclear doctrine of such country; and
``(E) the impact of such recommended reductions on
the deterrence and extended deterrence capabilities of
the United States; and
``(2) the Commander of the United States Strategic Command
shall certify to the appropriate congressional committees
whether such recommended reductions in the nuclear forces of the
United States will--
``(A) impair the ability of the United States to
address--
``(i) unplanned strategic or geopolitical
events; or
``(ii) technical challenge; or
``(B) degrade the deterrence or assurance provided
by the United States to friends and allies of the United
States.
``(b) Form.--The reports required by subsection (a)(1) shall be
submitted in unclassified form, but may include a classified annex.
``(c) Appropriate Congressional Committees Defined.--In this
section, the term `appropriate congressional committees' means the
following:
``(1) The congressional defense committees.
``(2) The Committee on Foreign Affairs of the House of
Representatives and the Committee on Foreign Relations of the
Senate.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter <<NOTE: 10 USC prec. 491.>> is amended by inserting after
the item relating to section 495, as added by section 1035(b), the
following new item:
``496. Consideration of expansion of nuclear forces of other
countries.''.
SEC. 1037. NONSTRATEGIC NUCLEAR WEAPON REDUCTIONS AND EXTENDED
DETERRENCE POLICY.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the United States should pursue negotiations with the
Russian Federation aimed at the reduction of Russian deployed
and nondeployed nonstrategic nuclear forces;
(2) nonstrategic nuclear weapons should be considered when
weighing the balance of the nuclear forces of the United States
and the Russian Federation;
(3) any geographical relocation or storage of nonstrategic
nuclear weapons by the Russian Federation does not constitute a
reduction or elimination of such weapons;
(4) the vast advantage of the Russian Federation in
nonstrategic nuclear weapons constitutes a threat to the United
States and its allies and a growing asymmetry in Western Europe;
(5) the forward-deployed nuclear forces of the United States
are an important contributor to the assurance of the allies of
the United States and constitute a check on proliferation and a
tool in dealing with neighboring states hostile to the North
Atlantic Treaty Organization (``NATO'');
[[Page 126 STAT. 1926]]
(6) the United States should maintain its commitment to
extended deterrence, specifically the nuclear alliance of NATO,
as an important component of ensuring and linking the national
security interests of the United States and the security of its
European allies;
(7) forward-deployed nuclear forces of the United States
shall remain based in Europe in support of the nuclear policy
and posture of NATO subject to the policy and requirements of
NATO;
(8) the presence of nuclear weapons of the United States in
Europe--combined with NATO's unique nuclear sharing arrangements
under which non-nuclear members participate in nuclear planning
and possess specially configured aircraft capable of delivering
nuclear weapons--provides reassurance to allies and partners who
feel exposed to regional threats; and
(9) only the President and Congress have the legal authority
over the nuclear forces of the United States and no multilateral
organization, not even NATO, can articulate a declaratory policy
concerning the use of nuclear weapons that binds the United
States.
(b) Notification.--
(1) In general.--Chapter 24 of title 10, United States Code,
as added by section 1031(b), is amended by inserting after
section 496, as added by section 1036(a), the following new
section:
``Sec. 497. <<NOTE: President. 10 USC 497.>> Notification required
for reduction, consolidation, or withdrawal of
nuclear forces based in Europe
``(a) Notification.--Upon any decision to reduce, consolidate, or
withdraw the nuclear forces of the United States that are based in
Europe, the President shall transmit to the appropriate congressional
committees a notification containing--
``(1) justification for such reduction, consolidation, or
withdrawal; and
``(2) <<NOTE: Assessment.>> an assessment of how member
states of the North Atlantic Treaty Organization, in light of
such reduction, consolidation, or withdrawal, assess the
credibility of the deterrence capability of the United States in
support of its commitments undertaken pursuant to article 5 of
the North Atlantic Treaty, signed at Washington, District of
Columbia, on April 4, 1949, and entered into force on August 24,
1949 (63 Stat. 2241; TIAS 1964).
``(b) Prior Notification Required.--
``(1) <<NOTE: Deadline.>> In general.--The President shall
transmit the notification required by subsection (a) by not
later than 60 days before the date on which the President
commences a reduction, consolidation, or withdrawal of the
nuclear forces of the United States that are based in Europe
described in such notification.
``(2) Exception.--The limitation in paragraph (1) shall not
apply to a reduction, consolidation, or withdrawal of nuclear
weapons of the United States that are based in Europe made to
ensure the safety, security, reliability, and credibility of
such weapons.
[[Page 126 STAT. 1927]]
``(c) Appropriate Congressional Committees Defined.--In this
section, the term `appropriate congressional committees' means--
``(1) the Committees on Armed Services of the House of
Representatives and the Senate; and
``(2) the Committee on Foreign Affairs of the House of
Representatives and the Committee on Foreign Relations of the
Senate.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the item
relating section 496, as added by section 1036(b), the following
new item:
``497. Notification required for reduction, consolidation, or withdrawal
of nuclear forces based in Europe.''.
SEC. 1038. UNILATERAL CHANGE IN NUCLEAR WEAPONS STOCKPILE OF THE
UNITED STATES.
(a) In General.--Chapter 24 of title 10, United States Code, as
added by section 1031(b), <<NOTE: 10 USC prec. 491.>> is amended by
inserting after section 497, as added by section 1037(b)(1), the
following new section:
``Sec. 498 <<NOTE: 10 USC 498.>> Unilateral change in nuclear
weapons stockpile of the United States
``(a) In General.--Other than pursuant to a treaty, if the President
has under consideration to unilaterally change the size of the total
stockpile of nuclear weapons of the United States by more than 25
percent, prior to doing so the President shall initiate a Nuclear
Posture Review.
``(b) Terms of Reference.--Prior to the initiation of a Nuclear
Posture Review under this section, the President shall determine the
terms of reference for the Nuclear Posture Review, which the President
shall provide to the congressional defense committees.
``(c) Nuclear Posture Review.--Upon completion of a Nuclear Posture
Review under this section, the President shall submit the Nuclear
Posture Review to the congressional defense committees prior to
implementing any change in the nuclear weapons stockpile by more than 25
percent.
``(d) Construction.--This section shall not apply to changes to the
nuclear weapons stockpile resulting from treaty obligations.
``(e) Form.--A Nuclear Posture Review under this section shall be
submitted in unclassified form, but may include a classified annex.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is <<NOTE: 10 USC 491.>> amended by inserting after the
item relating section 497, as added by section 1037(b)(2), the following
new item:
``498. Unilateral change in nuclear weapons stockpile of the United
States.''.
SEC. 1039. EXPANSION OF DUTIES AND RESPONSIBILITIES OF THE NUCLEAR
WEAPONS COUNCIL.
(a) Guidance on Nuclear Command, Control, and Communications
Systems.--Section 179(d) of title 10, United States Code, is amended--
(1) in paragraph (2), by inserting ``and alternatives''
before the period;
(2) in paragraph (3), by inserting ``and approving'' after
``Coordinating'';
(3) in paragraph (7)--
[[Page 126 STAT. 1928]]
(A) by striking ``broad'' and inserting
``specific''; and
(B) by inserting before the period at the end the
following: ``and priorities among activities, including
production, surveillance, research, construction, and
any other programs within the National Nuclear Security
Administration'';
(4) by redesignating paragraph (10) as paragraph (12); and
(5) by inserting after paragraph (9) the following new
paragraph (10):
``(10) Coordinating and providing guidance and oversight on
nuclear command, control, and communications systems.''.
(b) Budget and Funding Matters.--Section 179 of such title is
further amended--
(1) in subsection (d), as amended by subsection (a), by
inserting after paragraph (10) the following new paragraph (11):
``(11) Coordinating and approving the annual budget
proposals of the National Nuclear Security Administration.'';
(2) by redesignating subsection (f) as subsection (g); and
(3) by inserting after subsection (e) the following new
subsection (f):
``(f) <<NOTE: Certification.>> Budget and Funding Matters.--(1) The
Council shall submit to Congress each year, at the same time the budget
of the President for the fiscal year beginning in such year is submitted
to Congress pursuant to section 1105(a) of title 31, a certification
whether or not the amounts requested for the National Nuclear Security
Administration in such budget, and anticipated over the four fiscal
years following such budget, meets nuclear stockpile and stockpile
stewardship program requirements for such fiscal year and over such four
fiscal years. If a member of the Council does not concur in a
certification, the certification shall include the reasons for the
member's non-concurrence.
``(2) <<NOTE: Determination. Notification.>> If a House of Congress
adopts a bill authorizing or appropriating funds for the National
Nuclear Security Administration for nuclear stockpile and stockpile
stewardship program activities or other activities that, as determined
by the Council, provides insufficient funds for such activities for the
period covered by such bill, the Council shall notify the congressional
defense committees of the determination.''.
(c) <<NOTE: Deadline.>> Agenda of Meetings.--Section 179(b)(3) of
such title is amended by adding at the end the following: ``To the
extent possible, not later than seven days before a meeting, the
Chairman shall disseminate to each member of the Council the agenda and
documents for such meeting.''.
SEC. 1040. INTERAGENCY COUNCIL ON THE STRATEGIC CAPABILITY OF THE
NATIONAL LABORATORIES.
(a) Establishment.--Chapter 7 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 188. <<NOTE: 10 USC 188.>> Interagency Council on the
Strategic Capability of the National Laboratories
``(a) Establishment.--There is an Interagency Council on the
Strategic Capability of the National Laboratories (in this section
referred to as the `Council').
[[Page 126 STAT. 1929]]
``(b) Membership.--The membership of the Council is comprised of the
following:
``(1) The Secretary of Defense.
``(2) The Secretary of Energy.
``(3) The Secretary of Homeland Security.
``(4) The Director of National Intelligence.
``(5) The Administrator for Nuclear Security.
``(6) Such other officials as the President considers
appropriate.
``(c) Structure and Procedures.--The President may determine the
chair, structure, staff, and procedures of the Council.
``(d) Responsibilities.--The Council shall be responsible for the
following matters:
``(1) Identifying and considering the science, technology,
and engineering capabilities of the national laboratories that
could be leveraged by each participating agency to support
national security missions.
``(2) Reviewing and assessing the adequacy of the national
security science, technology, and engineering capabilities of
the national laboratories for supporting national security
missions throughout the Federal Government.
``(3) Establishing and overseeing means of ensuring that--
``(A) capabilities identified by the Council under
paragraph (1) are sustained to an appropriate level; and
``(B) each participating agency provides the
appropriate level of institutional support to sustain
such capabilities.
``(4) In accordance with acquisition rules regarding
federally funded research and development centers, establishing
criteria for when each participating agency should seek to use
the services of the national laboratories, including the
identification of appropriate mission areas and capabilities.
``(5) Making recommendations to the President and Congress
regarding regulatory or statutory changes needed to better
support--
``(A) the strategic capabilities of the national
laboratories; and
``(B) the use of such laboratories by each
participating agency.
``(6) Other actions the Council considers appropriate with
respect to--
``(A) the sustainment of the national laboratories;
and
``(B) the use of the strategic capabilities of such
laboratories.
``(e) Streamlined Process.--With respect to the participating agency
for which a member of the Council is the head of, each member of the
Council shall--
``(1) establish processes to streamline the consideration
and approval of procuring the services of the national
laboratories on appropriate matters; and
``(2) ensure that such processes are used in accordance with
the criteria established under subsection (d)(4).
``(f) Definitions.--In this section:
``(1) The term `participating agency' means a department or
agency of the Federal Government that is represented on the
Council by a member under subsection (b).
``(2) The term `national laboratories' means--
[[Page 126 STAT. 1930]]
``(A) each national security laboratory (as defined
in section 3281(1) of the National Nuclear Security
Administration Act (50 U.S.C. 2471(1))); and
``(B) each national laboratory of the Department of
Energy.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is <<NOTE: 10 USC prec. 171.>> amended by adding after the
item relating to section 187 the following new item:
``188. Interagency Council on the Strategic Capability of the National
Laboratories.''.
(c) <<NOTE: 10 USC 188 note.>> Report.--
(1) In general.--Not later than September 30, 2013, the
Interagency Council on the Strategic Capability of the National
Laboratories established under section 188 of title 10, United
States Code, as added by subsection (a), shall submit to the
appropriate congressional committees a report describing and
assessing the following:
(A) The actions taken to implement the requirements
of such section 188 and the charter titled ``Governance
Charter for an Interagency Council on the Strategic
Capability of DOE National Laboratories as National
Security Assets'' signed by the Secretary of Defense,
the Secretary of Energy, the Secretary of Homeland
Security, and the Director of National Intelligence in
July 2010.
(B) The effectiveness of the Council in
accomplishing the purpose and objectives of such section
and such Charter.
(C) Efforts to strengthen work-for-others programs
at the national laboratories.
(D) Efforts to make work-for-others opportunities at
the national laboratories more cost-effective.
(E) Ongoing and planned measures for increasing
cost-sharing and institutional support investments at
the national laboratories from other agencies.
(F) Any regulatory or statutory changes recommended
to improve the ability of such other agencies to
leverage expertise and capabilities at the national
laboratories.
(G) The strategic capabilities and core competencies
of laboratories and engineering centers operated by the
Department of Defense, including identification of
mission areas and functions that should be carried out
by such laboratories and engineering centers.
(H) Consistent with the protection of sources and
methods, the level of funding and general description of
programs that were funded during fiscal year 2012 by--
(i) the Department of Defense and carried out
at the national laboratories; and
(ii) the Department of Energy and the national
laboratories and carried out at the laboratories
and engineering centers of the Department of
Defense.
(2) Form.--The report required by paragraph (1) shall be
submitted in unclassified form, but may include a classified
annex.
(3) Appropriate congressional committees defined.--In this
subsection, the term ``appropriate congressional committees''
means the following:
(A) The congressional defense committees.
[[Page 126 STAT. 1931]]
(B) The Committee on Energy and Commerce of the
House of Representatives and the Committee on Energy and
Natural Resources of the Senate.
(C) The Committee on Homeland Security of the House
of Representatives and the Committee on Homeland
Security and Governmental Affairs of the Senate.
(D) The Committee on Science, Space, and Technology
of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate.
(E) The Permanent Select Committee on Intelligence
of the House of Representatives and the Select Committee
on Intelligence of the Senate.
(d) <<NOTE: 10 USC 188 note.>> Construction.--Nothing in section 188
of title 10, United States Code, as added by subsection (a), shall be
construed to limit section 309 of the Homeland Security Act of 2002 (6
U.S.C. 189).
SEC. 1041. COST ESTIMATES FOR NUCLEAR WEAPONS.
(a) Budget Requirements.--Section 1043 of the National Defense
Authorization Act for Fiscal Year 2012 (Public Law 112-81; 125 Stat.
1576) is amended--
(1) in subsection (a)--
(A) in paragraph (2), by amending subparagraph (F)
to read as follows:
``(F) <<NOTE: Time period.>> In accordance with
paragraph (3), a detailed estimate of the budget
requirements associated with sustaining and modernizing
the nuclear deterrent of the United States and the
nuclear weapons stockpile of the United States,
including the costs associated with the plans outlined
under subparagraphs (A) through (E), over the 10-year
period following the date of the report, including the
applicable and appropriate costs associated with the
procurement, military construction, operation and
maintenance, and research, development, test, and
evaluation accounts of the Department of Defense.''; and
(B) by adding at the end the following new
paragraph:
``(3) Budget estimate contents and methodology.--Each budget
estimate under paragraph (2)(F) shall include a detailed
description of the costs included in such estimate and the
methodology used to create such estimate.''; and
(2) by adding at the end the following new subsection:
``(c) Comptroller General Review.--The Comptroller General of the
United States shall--
``(1) review each report under subsection (a) for accuracy
and completeness with respect to the matters described in
paragraphs (2)(F) and (3) of such subsection; and
``(2) <<NOTE: Deadline.>> not later than 180 days after the
date on which such report under subsection (a) is submitted,
submit to the congressional defense committees a summary of each
such review.''.
(b) <<NOTE: Deadline. Reports. Time period.>> CBO Estimate of
Costs.--Not later than one year after the date of the enactment of this
Act, the Director of the Congressional Budget Office shall submit to the
congressional defense committees a report setting forth the following:
(1) An estimate of the costs over the 10-year period
beginning on the date of the report associated with fielding and
maintaining the current nuclear weapons and nuclear weapon
delivery systems of the United States.
[[Page 126 STAT. 1932]]
(2) An estimate of the costs over the 10-year period
beginning on the date of the report of any life extension,
modernization, or replacement of any current nuclear weapons or
nuclear weapon delivery systems of the United States that is
anticipated as of the date of the report.
SEC. 1042. PRIOR NOTIFICATION WITH REGARD TO RETIREMENT OF
STRATEGIC DELIVERY SYSTEMS.
(a) <<NOTE: President. Deadline.>> Prior Notification.--The
President shall ensure that the Secretary of Defense submits to Congress
the plan required by section 1042(a) of the National Defense
Authorization Act of Fiscal Year 2012 (Public Law 112-81; 125 Stat.
1575) by not later than 60 days before the date on which the President
carries out any reduction, conversion, or decommissioning of any
strategic delivery system pursuant to the levels set forth for such
systems under the New START Treaty.
(b) Definitions.--In this section:
(1) The term ``New START Treaty'' means the Treaty between
the United States of America and the Russian Federation on
Measures for the Further Reduction and Limitation of Strategic
Offensive Arms, signed on April 8, 2010, and entered into force
on February 5, 2011.
(2) The term ``strategic delivery system'' means the
following delivery platforms for nuclear weapons:
(A) Land-based intercontinental ballistic missiles.
(B) Submarine-launched ballistic missiles and
associated ballistic missile submarines.
(C) Nuclear-certified strategic bombers.
(D) Nuclear-capable cruise missiles.
SEC. 1043. REPORT ON NUCLEAR WARHEADS ON INTERCONTINENTAL
BALLISTIC MISSILES OF THE UNITED STATES.
Not later than 60 days after the date of the enactment of this Act,
the Secretary of Defense shall submit to the congressional defense
committees a report on the requirements necessary to ensure that the
United States retains the ability (and all of the related capabilities)
to upload an intercontinental ballistic missile with multiple nuclear
warheads in the event that operational requirements, technical failures,
or other decisions require such an ability.
SEC. 1044. REQUIREMENTS FOR COMBINED OR INTEROPERABLE WARHEAD FOR
CERTAIN MISSILE SYSTEMS.
(a) <<NOTE: Deadline.>> Navy and Air Force Statements.--Not later
than 75 days after the date of the enactment of this Act, the Secretary
of the Navy and the Secretary of the Air Force shall each submit
separate statements to the Nuclear Weapons Council established by
section 179 of title 10, United States Code, on--
(1) plans related to a combined or interoperable warhead for
the W78 Minuteman III missile system and the W88 Trident II D5
missile system; and
(2) the views of the Secretary with respect to such combined
or interoperable warhead.
(b) Report by Nuclear Weapons Council.--
(1) In general.--Not later than 120 days after the date of
the enactment of this Act, the Nuclear Weapons Council shall
submit to the congressional defense committees a report setting
forth the requirements for a combined or interoperable
[[Page 126 STAT. 1933]]
warhead for the W78 Minuteman III missile system and the W88
Trident II D5 missile system.
(2) Matters included.--The report under paragraph (1) shall
include--
(A) the views of the Council with respect to the
combined or interoperable warhead; and
(B) the unaltered statements of the Secretary of the
Navy and the Secretary of the Air Force submitted to the
Council under subsection (a).
SEC. 1045. REPORTS ON CAPABILITY OF CONVENTIONAL AND NUCLEAR
FORCES AGAINST CERTAIN TUNNEL SITES AND
ON NUCLEAR WEAPONS PROGRAM OF THE
PEOPLE'S REPUBLIC OF CHINA.
(a) Report on Capability of U.S. Conventional and Nuclear Forces
Against Certain Tunnel Sites.--
(1) Report.--Not later than one year after the date of the
enactment of this Act, the Commander of the United States
Strategic Command shall submit to the appropriate congressional
committees a report on the underground tunnel network used by
the People's Republic of China with respect to the capability of
the United States to use conventional and nuclear forces to
neutralize such tunnels and what is stored within such tunnels.
(2) Form.--The report under paragraph (1) shall be submitted
in unclassified form, but may include a classified annex.
(b) Assessment of Nuclear Weapons Program.--
(1) <<NOTE: Contracts.>> In general.--The Secretary of
Defense shall enter into an agreement with a federally funded
research and development center to conduct an assessment of the
nuclear weapons program of the People's Republic of China.
(2) Panel.--To conduct the assessment under paragraph (1),
the federally funded research and development center shall
convene a panel consisting of individuals who--
(A) are nuclear weapons or military experts;
(B) have significant experience and subject matter
expertise based on the service of the individual in the
Federal Government or the nuclear weapons laboratories;
and
(C) possess (or have recently possessed) the
appropriate security clearance required to access
relevant classified information of the intelligence
community and the Department of Energy.
(3) Matters included.--The assessment under paragraph (1)
shall include the following:
(A) An assessment of the nuclear deterrence strategy
of China, including a historical perspective and the
assessed geopolitical drivers of such strategy.
(B) A detailed description of the nuclear arsenal of
China, including--
(i) the capabilities of such arsenal;
(ii) the number of nuclear weapons in such
arsenal capable of being delivered at
intercontinental range; and
(iii) any associated doctrines (including
targeting doctrines) relating to such arsenal.
[[Page 126 STAT. 1934]]
(C) A comparison of the nuclear forces of the United
States with the nuclear forces of China, including with
respect to nuclear forces that are deployed, in reserve,
or awaiting dismantlement.
(D) Projections of the possible future nuclear
arsenals of China, including the capabilities and
associated doctrines of such arsenals.
(E) A description of command and control functions
and gaps.
(F) An assessment of the fissile material stockpile
of China and the civil and military production
capabilities and capacities.
(G) An assessment of the production capacities of
China for nuclear weapons and nuclear weapon delivery
vehicles.
(H) A discussion of any significant uncertainties
surrounding the nuclear weapons program of China,
including--
(i) identification of the knowledge gaps
regarding such nuclear weapons program; and
(ii) a discussion of the implications of any
such gaps for the security of the United States
and the allies of the United States.
(I) Any recommendations to improve the understanding
of the United States with respect to the nuclear weapons
program of China.
(4) Report.--Not later than August 15, 2013, the federally
funded research and development center shall submit to the
appropriate congressional committees a report on the assessment
conducted under paragraph (1).
(c) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means the following:
(1) The congressional defense committees.
(2) The Committee on Foreign Affairs of the House of
Representatives and the Committee on Foreign Relations of the
Senate.
SEC. 1046. REPORT ON CONVENTIONAL AND NUCLEAR FORCES IN THE
WESTERN PACIFIC REGION.
Not later than 180 days after the date of the enactment of this Act,
the Secretary of Defense, in consultation with the Secretary of State,
shall submit to the congressional defense committees a report on the
feasibility and strategic value of deploying additional conventional and
nuclear forces to the Western Pacific region to ensure the presence of a
robust conventional and nuclear capability, including a forward-deployed
nuclear capability, of the United States in response to the ballistic
missile and nuclear weapons developments of North Korea and the other
belligerent actions North Korea has made against allies of the United
States. The report shall include an evaluation of any bilateral
agreements, basing arrangements, and costs that would be involved with
such additional deployments.
[[Page 126 STAT. 1935]]
Subtitle F--Miscellaneous Authorities and Limitations
SEC. 1051. EXPANSION OF AUTHORITY OF THE SECRETARY OF THE ARMY TO
LOAN OR DONATE EXCESS NON-AUTOMATIC
SERVICE RIFLES FOR FUNERAL AND OTHER
CEREMONIAL PURPOSES.
(a) In General.--Section 4683 of title 10, United States Code, is
amended--
(1) in subsection (a), by adding at the end the following
new paragraph:
``(3)(A) In order to meet the needs of an eligible organization with
respect to performing funeral and other ceremonies, if the Secretary
determines appropriate, the Secretary may--
``(i) loan or donate excess non-automatic service rifles to an
eligible organization; or
``(ii) authorize an eligible organization to retain non-automatic
service rifles other than M-1 rifles.
``(B) Nothing in this paragraph shall be construed to supersede any
Federal law or regulation governing the use or ownership of firearms.'';
and
(2) by striking the section heading and inserting the
following:
``Sec. 4683. Excess non-automatic service rifles: loan or donation
for funeral and other ceremonial purposes''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 443 of such title is <<NOTE: 10 USC prec. 4681.>> amended by
striking the item relating to section 4683 and inserting the following
new item:
``4683. Excess non-automatic service rifles: loan or donation for
funeral and other ceremonial purposes.''.
SEC. 1052. INTERAGENCY COLLABORATION ON UNMANNED AIRCRAFT SYSTEMS.
(a) Findings on Joint Department of Defense Federal Aviation
Administration Executive Committee on Conflict and Dispute Resolution.--
Section 1036(a) of the Duncan Hunter National Defense Authorization Act
for Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4596) is amended by
adding at the end the following new paragraph:
``(9) Collaboration of scientific and technical personnel
and sharing of technical information, test results, and
resources where available from the Department of Defense, the
Federal Aviation Administration, and the National Aeronautics
and Space Administration can advance an enduring relationship of
research capability to advance the access of unmanned aircraft
systems of the Department of Defense, the National Aeronautics
and Space Administration and other public agencies to the
National Airspace System.''.
(b) <<NOTE: 49 USC 40101 note.>> Interagency Collaboration.--
(1) In general.--The Secretary of Defense shall collaborate
with the Administrator of the Federal Aviation Administration
and the Administrator of the National Aeronautics and Space
Administration to conduct research and seek solutions to
challenges associated with the safe integration of unmanned
aircraft
[[Page 126 STAT. 1936]]
systems into the National Airspace System in accordance with
subtitle B of title III of the FAA Modernization and Reform Act
of 2012 (Public Law 112-95; 126 Stat. 72).
(2) Activities in support of plan on access to national
airspace for unmanned aircraft systems.--Collaboration under
paragraph (1) may include research and development of scientific
and technical issues, equipment, and technology in support of
the plan to safely accelerate the integration of unmanned
aircraft systems as required by subtitle B of title III of the
FAA Modernization and Reform Act of 2012.
(3) <<NOTE: Determination.>> Nonduplicative efforts.--If
the Secretary of Defense determines it is in the interest of the
Department of Defense, the Secretary may use existing aerospace-
related laboratories, personnel, equipment, research radars, and
ground facilities of the Department of Defense to avoid
duplication of efforts in carrying out collaboration under
paragraph (1).
(4) Reports.--
(A) Requirement.--The Secretary of Defense, on
behalf of the UAS Executive Committee, shall annually
submit to the congressional defense committees, the
Committee on Transportation and Infrastructure, and the
Committee on Science, Space, and Technology of the House
of Representatives, and the Committee on Commerce,
Science, and Transportation of the Senate a report on
the progress of research activity of the Department of
Defense, including--
(i) progress in accomplishing the goals of the
unmanned aircraft systems research, development,
and demonstration as related to the Department of
Defense Final Report to Congress on Access to
National Airspace for Unmanned Aircraft Systems of
October 2010, and any ongoing and collaborative
research and development programs with the Federal
Aviation Administration and the National
Aeronautics and Space Administration;
(ii) estimates of long-term funding needs and
details of funds expended and allocated in the
budget requests of the President that support
integration into the National Airspace; and
(iii) progress in sharing with the Federal
Aviation Administration safety operational and
performance data as it relates to unmanned
aircraft system operation and the impact on the
National Airspace System.
(B) Termination.--The requirement to submit a report
under subparagraph (A) shall terminate on the date that
is 5 years after the date of the enactment of this Act.
(c) <<NOTE: 49 USC 40101 note.>> UAS Executive Committee Defined.--
In this section, the term ``UAS Executive Committee'' means the National
Aeronautics and Space and Administration and the Department of Defense-
Federal Aviation Administration executive committee described in section
1036(b) of the Duncan Hunter National Defense Authorization Act for
Fiscal Year 2009 and established by the Secretary of Defense and the
Administrator of the Federal Aviation Administration.
(d) Authorization of Appropriations.--There is hereby authorized to
be appropriated such sums as may be necessary to carry out this section.
[[Page 126 STAT. 1937]]
SEC. 1053. <<NOTE: 10 USC 407 note.>> AUTHORITY TO TRANSFER
SURPLUS MINE-RESISTANT AMBUSH-PROTECTED
VEHICLES AND SPARE PARTS.
(a) Authority.--The Secretary of Defense is authorized to transfer
surplus Mine-Resistant Ambush-Protected vehicles, including spare parts
for such vehicles, to non-profit United States humanitarian demining
organizations for purposes of demining activities and training of such
organizations.
(b) Terms and Conditions.--Any transfer of vehicles or spare parts
under subsection (a) shall be subject to the following terms and
conditions:
(1) The transfer shall be made on a loan basis.
(2) The costs of operation and maintenance of the vehicles
shall be borne by the recipient organization.
(3) Any other terms and conditions as the Secretary of
Defense determines to be appropriate.
(c) <<NOTE: Deadline. Lists.>> Notification.--The Secretary of
Defense shall notify the congressional defense committees in writing not
less than 60 days before making any transfer of vehicles or spare parts
under subsection (a). Such notification shall include the name of the
organization, the number and model of the vehicle to be transferred, a
listing of any spare parts to be transferred, and any other information
the Secretary considers appropriate.
SEC. 1054. <<NOTE: 10 USC 1034 note.>> NOTICE TO CONGRESS OF
CERTAIN DEPARTMENT OF DEFENSE
NONDISCLOSURE AGREEMENTS.
(a) Notice Required.--The Secretary of Defense shall submit to the
congressional defense committees notice of any request or requirement
for members of the Armed Forces or civilian employees of the Department
of Defense to enter into nondisclosure agreements that could restrict
the ability of such members or employees to communicate with Congress.
Each such notice shall include the following:
(1) The basis in law for the agreement.
(2) An explanation for the restriction of the ability to
communicate with Congress.
(3) A description of the category of individuals requested
or required to enter into the agreement.
(4) <<NOTE: Records.>> A copy of the language contained in
the agreement.
(b) <<NOTE: Deadlines.>> Timing of Notification.--
(1) Requests or requirements before date of enactment.--In
the case of nondisclosure agreements described in subsection (a)
that members or employees were first requested or required to
enter into on or before the date of the enactment of this Act,
the notice required by subsection (a) shall be submitted not
later than 60 days after the date of enactment.
(2) Requests or requirements after date of enactment.--In
the case of nondisclosure agreements described in subsection (a)
that members or employees were first requested or required to
enter into after the date of the enactment of this Act, the
notice required by subsection (a) shall be submitted not later
than 30 days after the date on which the Secretary first
requests or requires that the members or employees enter into
the agreements.
[[Page 126 STAT. 1938]]
SEC. 1055. EXTENSION OF AUTHORITY TO PROVIDE ASSURED BUSINESS
GUARANTEES TO CARRIERS PARTICIPATING IN
CIVIL RESERVE AIR FLEET.
(a) Extension.--Subsection (k) of section 9515 of title 10, United
States Code, is amended by striking ``December 31, 2015'' and inserting
``December 31, 2020''.
(b) Application to All Segments of CRAF.--Such section is further
amended--
(1) in subsection (a)(3), by striking ``passenger''; and
(2) in subsection (j), by striking ``, except that it only
means such transportation for which the Secretary of Defense has
entered into a contract for the purpose of passenger travel''.
SEC. 1056. AUTHORITY FOR SHORT-TERM EXTENSION OF LEASE FOR
AIRCRAFT SUPPORTING THE BLUE DEVIL
INTELLIGENCE, SURVEILLANCE, AND
RECONNAISSANCE PROGRAM.
(a) In General.--Notwithstanding section 2401 of title 10, United
States Code, the Secretary of the Air Force may extend or renew the
lease of aircraft supporting the Blue Devil intelligence, surveillance,
and reconnaissance program after the date of the expiration of the
current lease of such aircraft for a term that is the shorter of--
(1) <<NOTE: Time period. Notification.>> the period
beginning on the date of the expiration of the current lease and
ending on the date on which the Commander of the United States
Central Command notifies the Secretary that a substitute is
available for the capabilities provided by the lease, or that
the capabilities provided by such aircraft are no longer
required; or
(2) six months.
(b) Funding.--Amounts authorized to be appropriated for fiscal year
2013 by title XV and available for Overseas Contingency Operations for
operation and maintenance as specified in the funding tables in section
4302 may be available for the extension or renewal of the lease
authorized by subsection (a).
SEC. 1057. RULE OF CONSTRUCTION RELATING TO PROHIBITION ON
INFRINGING ON THE INDIVIDUAL RIGHT TO
LAWFULLY ACQUIRE, POSSESS, OWN, CARRY,
AND OTHERWISE USE PRIVATELY OWNED
FIREARMS, AMMUNITION, AND OTHER WEAPONS.
Section 1062(c) of the Ike Skelton National Defense Authorization
Act for Fiscal Year 2011 <<NOTE: 10 USC prec. 1030 note.>> (Public Law
111-383; 124 Stat. 4363) is amended--
(1) in paragraph (1)(B), by striking ``; or'' and inserting
a semicolon;
(2) in paragraph (2), by striking ``others.'' and inserting
``others; or''; and
(3) by adding at the end the following new paragraph:
``(3) authorize a health professional that is a member of
the Armed Forces or a civilian employee of the Department of
Defense or a commanding officer to inquire if a member of the
Armed Forces plans to acquire, or already possesses or owns, a
privately-owned firearm, ammunition, or other weapon, if such
health professional or such commanding officer has reasonable
grounds to believe such member is at risk for suicide or causing
harm to others.''.
[[Page 126 STAT. 1939]]
SEC. 1058. SENSE OF CONGRESS ON THE JOINT WARFIGHTING ANALYSIS
CENTER.
It is the sense of Congress that the Joint Warfighting Analysis
Center (JWAC) should have adequate resources to meet the continuing
requirements of the combatant commands.
SEC. 1059. LIMITATIONS ON RETIREMENT OF FIXED-WING INTRA-THEATER
AIRLIFT AIRCRAFT FOR GENERAL SUPPORT AND
TIME SENSITIVE/MISSION CRITICAL DIRECT
SUPPORT AIRLIFT MISSIONS OF THE
DEPARTMENT OF DEFENSE.
(a) Limitation on Retirements.--During fiscal year 2013, the
Secretary of the Air Force shall retain an additional 32 fixed-wing,
intra-theater airlift aircraft beyond the number of such aircraft
proposed to be retained in the Secretary's total force structure
proposal provided to the congressional defense committees on November 2,
2012.
(b) <<NOTE: Deadline.>> Incorporation of Concept of Employment.--
Not later than June 1, 2013, the Secretary of the Air Force shall ensure
that the concept of employment for the Department of the Air Force
direct support of Department of the Army time sensitive or mission
critical intra-theater airlift mission, as agreed to by the Vice Chiefs
of Staff of the Air Force and the Army by memorandum of agreement dated
September 13, 2009, and agreed to by the Chiefs of Staff of the Air
Force and the Army and the Vice Chairman of the Joint Chiefs of Staff,
by memorandum of understanding dated January 27, 2012, is wholly
incorporated into Department of the Air Force doctrine, strategy,
tactics, and modeling and the Air Force core capabilities of agile
combat support and rapid global mobility operations.
Subtitle G--Studies and Reports
SEC. 1061. ELECTRONIC WARFARE STRATEGY OF THE DEPARTMENT OF
DEFENSE.
(a) <<NOTE: 10 USC 113 note.>> Guidance Required.--Not later than
January 1, 2013, the Secretary of Defense shall review and update
Department of Defense guidance related to electronic warfare to ensure
that oversight roles and responsibilities within the Department related
to electronic warfare policy and programs are clearly defined. Such
guidance shall clarify, as appropriate, the roles and responsibilities
related to the integration of electronic warfare matters and cyberspace
operations.
(b) <<NOTE: 10 USC 113 note.>> Plan Required.--Not later than
October 1, 2013, the Commander of the United States Strategic Command
shall update and issue guidance regarding the responsibilities of the
Command with regard to joint electronic warfare capabilities. Such
guidance shall--
(1) define the role and objectives of the Joint
Electromagnetic Spectrum Control Center or any other center
established in the Command to provide governance and oversight
of electronic warfare matters; and
(2) include an implementation plan outlining tasks, metrics,
and timelines to establish such a center.
(c) Additional Reporting Requirements.--Section 1053(b)(1) of the
National Defense Authorization Act for Fiscal Year 2010 (Public Law 111-
84; 123 Stat. 2459) is amended--
[[Page 126 STAT. 1940]]
(1) in subparagraph (B), by striking ``; and'' and inserting
a semicolon;
(2) in subparagraph (C), by striking the period and
inserting a semicolon; and
(3) by adding at the end the following new subparagraphs:
``(D) performance measures to guide the
implementation of such strategy;
``(E) an identification of resources and investments
necessary to implement such strategy; and
``(F) an identification of the roles and
responsibilities within the Department to implement such
strategy.''.
SEC. 1062. REPORT ON COUNTERPROLIFERATION CAPABILITIES AND
LIMITATIONS.
(a) Report Required.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall provide to the
congressional defense committees a report outlining operational
capabilities, limitations, and shortfalls within the Department of
Defense with respect to counterproliferation and combating weapons of
mass destruction involving special operations forces and key enabling
forces.
(b) Elements.--The report required under subsection (a) shall
include each of the following elements:
(1) An overview and assessment of current
counterproliferation and combating weapons of mass destruction
capabilities, capacity, and limitations of special operations
forces and key enabling capabilities provided by other
supporting elements of the Department of Defense and other
Government agencies.
(2) An assessment of the unique capabilities of special
operations forces to counter a proliferant's ability to develop
weapons of mass destruction, including all phases of
weaponization.
(3) An overview and assessment of current and future
training requirements and gaps, including the adequacy and
availability of training facilities relative to paragraphs (1)
and (2).
(4) An assessment of technical capability gaps relative to
paragraphs (1) and (2), including an identification of any gaps
that are unique to special operations forces.
(5) An assessment of interagency coordination capabilities
and gaps, including intelligence support to countering weapons
of mass destruction.
(6) An assessment of current international bilateral and
multilateral partnerships and the limitations of such
partnerships, including an assessment of existing authorities to
build partnership capacity in countering weapons of mass
destruction unique to special operations forces.
(7) A description of efforts to address the limitations and
gaps referred to in paragraphs (1) through (6), including
timelines and requirements to address such limitations and such
gaps.
(8) Any other matters the Secretary considers appropriate.
SEC. 1063. REPORT ON STRATEGIC AIRLIFT AIRCRAFT.
Not later than 90 days after the date of the enactment of this Act,
the Secretary of Defense shall submit to the congressional defense
committees, the Committee on Transportation and Infrastructure of the
House of Representatives, and the Committee on
[[Page 126 STAT. 1941]]
Commerce, Science, and Transportation of the Senate a report that sets
forth the following:
(1) An assessment of the feasibility and advisability of
obtaining a Federal Aviation Administration certification for
commercial use of each of the following:
(A) A commercial variant of the C-17 aircraft.
(B) A retired C-17A aircraft.
(C) A retired C-5A aircraft.
(2) An assessment of the current limitations of the aircraft
of the Civil Reserve Air Fleet.
(3) An assessment of the potential for using the aircraft
referred to in paragraph (1) in the Civil Reserve Air Fleet.
(4) An assessment of the advantages of adding the aircraft
referred to in paragraph (1) to the Civil Reserve Air Fleet.
(5) An update on the status of any cooperation between the
Federal Aviation Administration and the Department of Defense on
the certification of the aircraft referred to in paragraph (1).
(6) A description of all actions required, including any
impediments to such actions, to offering retired C-5A aircraft
or retired C-17A aircraft as excess defense articles to United
States allies or for sale to Civil Reserve Air Fleet carriers.
(7) A description of the actions required for interested
allies or Civil Reserve Air Fleet carriers to take delivery of
excess C-5A aircraft or excess C-17A aircraft, including the
actions, modifications, or demilitarization necessary for such
recipients to take delivery of such aircraft, and provisions for
permitting such recipients to undertake responsibility for such
actions, to the maximum extent practicable.
SEC. 1064. REPEAL OF BIENNIAL REPORT ON THE GLOBAL POSITIONING
SYSTEM.
Section 2281 of title 10, United States Code, is amended--
(1) by striking subsection (d); and
(2) by redesignating subsection (e) as subsection (d).
SEC. 1065. IMPROVEMENTS TO REPORTS REQUIRED ON ACQUISITION OF
TECHNOLOGY RELATING TO WEAPONS OF MASS
DESTRUCTION AND THE THREAT POSED BY
WEAPONS OF MASS DESTRUCTION, BALLISTIC
MISSILES, AND CRUISE MISSILES.
(a) In General.--Section 234 of the National Defense Authorization
Act for Fiscal Year 1998 (50 U.S.C. 2367) is amended to read as follows:
``SEC. 234. REPORTS ON ACQUISITION OF TECHNOLOGY RELATING TO
WEAPONS OF MASS DESTRUCTION AND THE THREAT
POSED BY WEAPONS OF MASS DESTRUCTION,
BALLISTIC MISSILES, AND CRUISE MISSILES.
``(a) Annual Report.--Not later than January 30 of each year, the
Secretary of Defense, in consultation with the Director of National
Intelligence, shall submit to the appropriate congressional committees a
report on the following:
``(1) The threats posed to the United States and allies of
the United States--
``(A) by weapons of mass destruction, ballistic
missiles, and cruise missiles; and
[[Page 126 STAT. 1942]]
``(B) by the proliferation of weapons of mass
destruction, ballistic missiles, and cruise missiles.
``(2) The acquisition by foreign countries during the
preceding 12 months of dual-use and other technology useful for
the development or production of weapons of mass destruction
(including nuclear weapons, chemical weapons, and biological
weapons) and advanced conventional munitions.
``(3) Any trends with respect to the acquisition described
in paragraph (2).
``(b) Matters Included.--Each report submitted under subsection (a)
shall include the following:
``(1) Identification of each foreign country and non-State
organization that possesses weapons of mass destruction,
ballistic missiles, or cruise missiles, and a description of
such weapons and missiles with respect to each such foreign
country and non-State organization.
``(2) A description of the means by which any foreign
country and non-State organization that has achieved, or is
making progress toward achieving, capability with respect to
weapons of mass destruction, ballistic missiles, or cruise
missiles has achieved, or is making progress toward achieving,
that capability, including a description of the international
network of foreign countries and private entities that provide
assistance to foreign countries and non-State organizations in
achieving that capability.
``(3) An examination of the doctrines that guide the use of
weapons of mass destruction in each foreign country that
possesses such weapons.
``(4) An examination of the existence and implementation of
the control mechanisms that exist with respect to nuclear
weapons in each foreign country that possesses such weapons.
``(5) Identification of each foreign country and non-State
organization that seeks to acquire or develop (indigenously or
with foreign assistance) weapons of mass destruction, ballistic
missiles, or cruise missiles, and a description of such weapons
and missiles with respect to each such foreign country and non-
State organization.
``(6) An assessment of various possible timelines for the
achievement by foreign countries and non-State organizations of
capability with respect to weapons of mass destruction,
ballistic missiles, and cruise missiles, taking into account the
probability of whether foreign countries that are a party to the
Missile Technology Control Regime will comply with and enforce
the regime, the potential availability of assistance from
foreign technical specialists, and the potential for independent
sales by foreign private entities without authorization from
their national governments.
``(7) For each foreign country or non-State organization
that has not achieved the capability to target the United States
or its territories with weapons of mass destruction, ballistic
missiles, or cruise missiles as of the date of the enactment of
the National Defense Authorization Act for Fiscal Year 2013, an
estimate of how far in advance the United States is likely to be
warned before such foreign country or non-State organization
achieves that capability.
``(8) For each foreign country or non-State organization
that has not achieved the capability to target members of
[[Page 126 STAT. 1943]]
the Armed Forces of the United States deployed abroad with
weapons of mass destruction, ballistic missiles, or cruise
missiles as of the date of the enactment of the National Defense
Authorization Act for Fiscal Year 2013, an estimate of how far
in advance the United States is likely to be warned before such
foreign country or non-State organization achieves that
capability.
``(c) Classification.--Each report submitted under subsection (a)
shall be submitted in unclassified form, but may include a classified
annex.
``(d) Appropriate Congressional Committees Defined.--In this
section, the term `appropriate congressional committees' means the
following:
``(1) The congressional defense committees.
``(2) The congressional intelligence committees (as defined
in section 3 of the National Security Act of 1947 (50 U.S.C.
401a)).
``(3) The Speaker and the minority leader of the House of
Representatives and the majority leader and the minority leader
of the Senate.''.
(b) Clerical Amendment.--The table of sections at the beginning of
the National Defense Authorization Act for Fiscal Year 1998 (Public Law
105-85) is amended by striking the item relating to section 234 and
inserting the following new item:
``Sec. 234. Reports on acquisition of technology relating to weapons of
mass destruction and the threat posed by weapons of mass
destruction, ballistic missiles, and cruise missiles.''.
(c) Conforming Repeal.--Section 721 of the Intelligence
Authorization Act for Fiscal Year 1997 (50 U.S.C. 2366) is repealed.
SEC. 1066. REPORT ON FORCE STRUCTURE OF THE UNITED STATES ARMY.
(a) Report Required.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of the Army shall submit to
Congress a report on the force structure of the Army.
(b) Elements of Report.--The report required under subsection (a)
shall include each of the following:
(1) A description of the planning assumptions and scenarios
used to determine the size and force structure of the United
States Army, including the reserve component, for the Future
Years Defense Program for fiscal years 2014 through 2018.
(2) An evaluation of the adequacy of the proposed force
structure for meeting the goals of the national military
strategy of the United States.
(3) A description of any alternative force structures
considered, including the assessed advantages and disadvantages
of each and a brief explanation of why those not selected were
rejected.
(4) The estimated resource requirements of each of the
alternative force structures referred to in paragraph (3).
(5) An independent risk assessment of the proposed Army
force structure, to be conducted by the Chief of Staff of the
Army.
(6) Such other information as the Secretary of the Army
determines is appropriate.
(c) Classified Annex.--The report required by subsection (a) shall
be in unclassified form but may include a classified annex.
[[Page 126 STAT. 1944]]
SEC. 1067. REPORT ON PLANNED EFFICIENCY INITIATIVES AT SPACE AND
NAVAL WARFARE SYSTEMS COMMAND.
Not later than 90 days after the date of the enactment of this Act,
the Secretary of the Navy shall submit to the congressional defense
committees a report on plans to implement efficiency initiatives to
reduce overhead costs at all echelons of the Space and Naval Warfare
Systems Command (SPAWAR), including a detailed description of the long-
term impacts on current and planned future mission requirements.
SEC. 1068. REPORT ON MILITARY RESOURCES NECESSARY TO EXECUTE
UNITED STATES FORCE POSTURE STRATEGY IN
THE ASIA PACIFIC REGION.
(a) Review Required.--
(1) <<NOTE: Consultation.>> In general.--The Secretary of
Defense shall, in consultation with the Chairman of the Joint
Chiefs of Staff, conduct a comprehensive review of the national
defense strategy, force structure, force modernization plans,
infrastructure, budget plan, and other elements of the defense
program and policies of the United States with regard to the
Asia Pacific region to determine the resources, equipment, and
transportation required to meet the strategic and operational
plans of the United States.
(2) Elements.--The review required under paragraph (1) shall
include the following elements:
(A) The force structure, force modernization plans,
infrastructure, budget plan, and other elements of the
defense program of the United States associated with the
Asia Pacific region that would be required to execute
successfully the full range of missions called for in
the national defense strategy.
(B) An estimate of the timing for initial and final
operational capability for each unit based in, realigned
within, or identified for support to the Asia Pacific
region.
(C) An assessment of the strategic and tactical sea,
ground, and air transportation required for the forces
assigned to the Asia Pacific region to meet strategic
and operational plans.
(D) The specific capabilities, including the general
number and type of specific military platforms, their
permanent station, and planned forward operating
locations needed to achieve the strategic and
warfighting objectives identified in the review.
(E) The forward presence, phased deployments, pre-
positioning, and other anticipatory deployments of
manpower or military equipment necessary for conflict
deterrence and adequate military response to anticipated
conflicts.
(F) The budget plan that would be required to
provide sufficient resources to execute successfully the
full range of missions and phased operations in the Asia
Pacific region at a low-to-moderate level of risk and
any additional resources (beyond those programmed in the
current future-years defense program) required to
achieve such a level of risk.
(G) Budgetary recommendations that are not
constrained to comply with and are fully independent of
the
[[Page 126 STAT. 1945]]
budget submitted to Congress by the President pursuant
to section 1105 of title 31, United States Code.
(b) <<NOTE: Assessment.>> CJCS Review.--Upon the completion of the
review under subsection (a), the Chairman of the Joint Chiefs of Staff
shall prepare and submit to the Secretary of Defense the Chairman's
assessment of the review, including the Chairman's assessment of risk
and a description of the capabilities needed to address such risk.
(c) Report.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, the Secretary of Defense shall submit
to the congressional defense committees a report on the results
of the review required under subsection (a).
(2) Content.--The report required under paragraph (1) shall
include the following elements:
(A) A description of the elements set forth under
subsection (a)(1).
(B) A description of the assumptions used in the
examination, including assumptions relating to--
(i) the status of readiness of the Armed
Forces;
(ii) the cooperation of allies and partners,
mission-sharing, and additional benefits to and
burdens on the Armed Forces resulting from
coalition operations;
(iii) warning times;
(iv) levels of engagement in operations other
than war and smaller-scale contingencies and
withdrawal from such operations and contingencies;
(v) the intensity, duration, and military and
political end-states of conflicts and smaller-
scale contingencies; and
(vi) the roles and responsibilities that would
be discharged by contractors.
(C) Any other matters the Secretary of Defense
considers appropriate.
(D) The full and complete assessment of the Chairman
of the Joint Chiefs of Staff under subsection (b),
including related comments of the Secretary of Defense.
(3) Form.--The report required under paragraph (1) may be
submitted in classified or unclassified form.
SEC. 1069. RIALTO-COLTON BASIN, CALIFORNIA, WATER RESOURCES STUDY.
(a) In General.--Not later than two years after the date of the
enactment of this Act, the Secretary of the Interior, acting through the
Director of the United States Geological Survey, shall complete a study
of water resources in the Rialto-Colton Basin in the State of California
(in this section referred to as the ``Basin''), including--
(1) a survey of ground water resources in the Basin,
including an analysis of--
(A) the delineation, either horizontally or
vertically, of the aquifers in the Basin, including the
quantity of water in the aquifers;
(B) the availability of ground water resources for
human use;
(C) the salinity of ground water resources;
[[Page 126 STAT. 1946]]
(D) the identification of a recent surge in
perchlorate concentrations in ground water, whether
significant sources are being flushed through the vadose
zone, or if perchlorate is being remobilized;
(E) the identification of impacts and extents of all
source areas that contribute to the regional plume to be
fully characterized;
(F) the potential of the ground water resources to
recharge;
(G) the interaction between ground water and surface
water;
(H) the susceptibility of the aquifers to
contamination, including identifying the extent of
commingling of plume emanating within surrounding areas
in San Bernardino County, California; and
(I) any other relevant criteria; and
(2) a characterization of surface and bedrock geology of the
Basin, including the effect of the geology on ground water yield
and quality.
(b) Coordination.--The Secretary shall carry out the study in
coordination with the State of California and any other entities that
the Secretary determines to be appropriate, including other Federal
agencies and institutions of higher education.
(c) Report.--Upon completion of the study, the Secretary shall
submit to the Committee on Energy and Natural Resources of the Senate
and the Committee on Natural Resources of the House of Representatives a
report that describes the results of the study.
SEC. 1070. REPORTS ON THE POTENTIAL SECURITY THREAT POSED BY BOKO
HARAM.
(a) <<NOTE: Classified information. Assessment.>> Director of
National Intelligence Report.--Not later than 180 days after the date of
the enactment of this Act, the Director of National Intelligence shall
submit to Congress a classified intelligence assessment of the Nigerian
organization known as Boko Haram. Such assessment shall address the
following:
(1) The organizational structure, operational goals, and
funding sources of Boko Haram.
(2) The extent to which Boko Haram threatens the stability
of Nigeria and surrounding countries.
(3) The extent to which Boko Haram threatens the security of
citizens of the United States or the national security or
interests of the United States.
(4) Any interaction between Boko Haram and al-Qaeda in the
Islamic Maghreb or other al-Qaeda affiliates with respect to
operational planning and execution, training, and funding.
(5) The capacity of Nigerian security forces to counter the
threat posed by Boko Haram and an assessment of the
effectiveness of the strategy of the Nigerian government to
date.
(6) Any intelligence gaps with respect to the leadership,
operational goals, and capabilities of Boko Haram.
(b) Secretary of State and Secretary of Defense Joint Report.--Not
later than 90 days after the date on which the report required by
subsection (a) is submitted to Congress, the Secretary of State and the
Secretary of Defense shall jointly submit to Congress a classified
report describing the strategy of the United States to counter the
threat posed by Boko Haram.
[[Page 126 STAT. 1947]]
SEC. 1071. STUDY ON THE ABILITY OF NATIONAL TEST AND EVALUATION
CAPABILITIES TO SUPPORT THE MATURATION
OF HYPERSONIC TECHNOLOGIES FOR FUTURE
DEFENSE SYSTEMS DEVELOPMENT.
(a) Study Required.--The Director of the Office of Science and
Technology Policy, working with the Secretary of Defense and the
Administrator of the National Aeronautics and Space Administration
(NASA), shall conduct a study on the ability of the national test and
evaluation infrastructure, including ground test facilities and open air
ranges of the Department of Defense, and leveraging NASA and private
facilities, when appropriate, to effectively and efficiently mature
hypersonic technologies for defense systems development in the short and
long term.
(b) Report and Plan.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, the Secretary of Defense shall submit
to the appropriate congressional committees a report containing
the results of the study required under subsection (a) together
with a plan for requirements and proposed investments to meet
Department of Defense needs through 2030.
(2) Content.--The report required under paragraph (1) shall
include the following elements:
(A) An assessment of the current condition and
adequacy of the hypersonics test and evaluation
infrastructure within the Department of Defense, NASA,
and the private sector to support hypersonic research
and development within the Department of Defense.
(B) An identification of test and evaluation
infrastructure outside the Department of Defense that
could be used to support Department of Defense
hypersonic research and development and assess means to
ensure the availability of such capabilities to the
Department in the present and future.
(C) A time-phased plan to acquire required
hypersonics research, development, test and evaluation
capabilities, including identification of the resources
necessary to acquire any needed capabilities that are
currently not available.
(D) Other matters the Secretary determines are
appropriate.
(3) Appropriate congressional committees defined.--In this
subsection, the term ``appropriate congressional committees''
means--
(A) the Committee on Armed Services and the
Committee on Commerce, Science, and Transportation of
the Senate; and
(B) the Committee on Armed Services and the
Committee on Science, Space, and Technology of the House
of Representatives.
Subtitle H--Other Matters
SEC. 1076. TECHNICAL AND CLERICAL AMENDMENTS.
(a) Amendments to National Defense Authorization Act for Fiscal Year
2012.--Effective as of <<NOTE: Effective date. 10 USC 139c
note.>> December 31, 2011, and
[[Page 126 STAT. 1948]]
as if included therein as enacted, the National Defense Authorization
Act for Fiscal Year 2012 (Public Law 112-81) is amended as follows:
(1) Section 243(d) (125 Stat. 1344) is amended by striking
``paragraph'' and inserting ``subsection''.
(2) Section 323(b) (125 Stat. 1362) is <<NOTE: 10 USC 4544
note.>> amended by striking ``Section 328(b)(A)'' and inserting
``Section 328(b)(2)(A)''.
(3) Section 541(b) (125 Stat. 1407) is <<NOTE: 10 USC
920b.>> amended by striking ``, as amended by subsection (a),''.
(4) Section 589(b) (125 Stat. 1438) is <<NOTE: 10 USC prec.
2551.>> amended by striking ``section 717'' and inserting
``section 2564''.
(5) Section 602(a)(2) (125 Stat. 1447) is <<NOTE: 10 USC
7572.>> amended by striking ``repairs,'' and inserting
``repairs''.
(6) Section 631(e)(28)(A) (125 Stat. 1464) is <<NOTE: 37 USC
489.>> amended by striking ``before `In addition' '' and
inserting ``before `Under regulations' ''.
(7) Section 631(f)(2) (125 Stat. 1464) is <<NOTE: 37
USC prec. 101.>> amended by striking ``table of chapter'' and
inserting ``table of chapters''.
(8) Section 631(f)(3)(B) (125 Stat. 1465) is <<NOTE: 37
USC prec. 551.>> amended by striking ``chapter 9'' and inserting
``chapter 10''.
(9) Section 631(f)(4) (125 Stat. 1465) is <<NOTE: 2 USC
906; 5 USC 4109, 5760; 10 USC 701 note prec., 1071 note, 1174a,
1175, 1175a, 1491, 1591 note; 14 USC 512; 32 USC 115; 36 USC
2101; 37 USC 403, 420, 422. 10 USC 2366a.>> amended by striking
``subsection (c)'' both places it appears and inserting
``subsection (d)''.
(10) Section 801 (125 Stat. 1482) is amended--
(A) in subsection (a)(1)(B), by striking
``paragraphs (6) and (7)'' and inserting ``paragraphs
(5) and (6)'';
(B) in subsection (a)(2), in the matter proposed to
be inserted as a new paragraph, by striking the double
closing quotation marks after ``capabilities'' and
inserting a single closing quotation mark; and
(C) in subsection (e)(1)(A), by striking ``Point''
in the matter proposed to be struck and inserting
``Point A''.
(11) Section 806(d) (125 Stat. 1487) is <<NOTE: 10 USC 2302
note.>> amended by striking ``paragraph (2)'' and inserting
``subsection (c)(2)''.
(12) Section 832(b)(1) (125 Stat. 1504) is <<NOTE: 10 USC
2430 note.>> amended by striking ``Defenese'' and inserting
``Defense''.
(13) Section 855 (125 Stat. 1521) is <<NOTE: 10 USC
139c.>> amended by striking ``Section 139e(b)(12)'' and
inserting ``Section 139c(b)(12)''.
(14) Section 864(a)(2) (125 Stat. 1522) is <<NOTE: 41 USC
1704.>> amended by striking ``for Acquisition Workforce
Programs'' in the matter proposed to be struck.
(15) Section 864(d)(2) (125 Stat. 1525) is <<NOTE: 41 USC
1703.>> amended to read as follows:
``(2) in paragraph (6), by striking `ensure that amounts
collected' and all that follows through the end of the paragraph
(as amended by section 526 of division C of Public Law 112-74
(125 Stat. 914)) and inserting `ensure that amounts collected
under this section are not used for a purpose other than the
activities set forth in section 1201(a) of this title.'.''.
(16) Section 866(a) (125 Stat. 1526) is <<NOTE: 15 USC 637
note.>> amended by striking ``September 30'' in the matter
proposed to be struck and inserting ``December 31''.
(17) Section 867 (125 Stat. 1526) is <<NOTE: 10 USC 2302
note.>> amended--
(A) in paragraph (1), by striking ``2010'' in the
matter proposed to be struck and inserting ``2011''; and
(B) in paragraph (2), by striking ``2013'' in the
matter proposed to be struck and inserting ``2014''.
[[Page 126 STAT. 1949]]
(18) Section 933(c) (125 Stat. 1544; 10 U.S.C. 2330 note) is
amended by striking ``of this title'' in the matter proposed to
be inserted and inserting ``of title 10, United States Code''.
(19) Section 1045(c)(1) (125 Stat. 1577) is <<NOTE: 50 USC
2523b.>> amended by striking ``described in subsection (b)'' and
inserting ``described in paragraph (2)''.
(20) Section 1067 (125 Stat. 1589) is <<NOTE: 15 USC
638.>> amended--
(A) by striking subsection (a); and
(B) <<NOTE: 50 USC 2911.>> by striking the
subsection designation and the subsection heading of
subsection (b).
(21) Section 2702 (125 Stat. 1681) is amended--
(A) in the section heading, by striking
``authorized'' and inserting ``authorization of
appropriations for''; and
(B) by striking ``Using amounts'' and all that
follows through ``may carry out'' and inserting ``Funds
are hereby authorized to be appropriated for fiscal
years beginning after September 30, 2011, for''.
(22) Section 2815(c) (125 Stat. 1689) is <<NOTE: 10
USC prec. 2851.>> amended by inserting ``subchapter III of''
before ``chapter 169''.
(b) <<NOTE: 10 USC 139c note. Effective date.>> Amendments to Ike
Skelton National Defense Authorization Act for Fiscal Year 2011.--
Effective as of January 7, 2011, and as if included therein as enacted,
the Ike Skelton National Defense Authorization Act for Fiscal Year 2011
(Public Law 111-383) is amended as follows:
(1) Section 358(c)(3) (124 Stat. 4199) is <<NOTE: 49 USC
44718 note.>> amended by striking ``fulfil'' and inserting
``fulfill''.
(2) Section 533(b) (124 Stat. 4216) is <<NOTE: 10 USC
1559.>> amended by inserting ``Section'' before ``1559(a)''.
(3) Section 896(a) (124 Stat. 4314) is <<NOTE: 10 USC
139c.>> amended by striking ``Chapter 7'' and inserting
``Chapter 4''.
(4) Section 1075(b)(50)(C) (124 Stat. 4371) is <<NOTE: 10
USC 9515.>> amended by striking ``subsection (j)(1)'' and
inserting ``subsection (j)''.
(5) Section 1203(a) (124 Stat. 4386) is amended in the
matter preceding paragraph (1) by striking ``Fiscal Year 2009''
and inserting ``Fiscal Year 2008''.
(c) Amendments to Reflect Redesignation of Certain Positions in
Office of Secretary of Defense.--
(1) Assistant secretary of defense for nuclear, chemical,
and biological defense programs.--Section 1605(a)(5) of the
National Defense Authorization Act for Fiscal Year 1994 (Public
Law 103-160; 22 U.S.C. 2751 note) is amended by striking ``The
Assistant to the Secretary of Defense for Nuclear and Chemical
and Biological Defense Programs'' and inserting ``The Assistant
Secretary of Defense for Nuclear, Chemical, and Biological
Defense Programs''.
(2) Assistant secretary of defense for research and
engineering.--
(A) The following provisions are amended by striking
``Director of Defense Research and Engineering'' and
inserting ``Assistant Secretary of Defense for Research
and Engineering'':
(i) Sections 2362(a)(1) and 2521(e)(5) of
title 10, United States Code.
(ii) Section 241(c) of the National Defense
Authorization Act for Fiscal Year 2006 (Public Law
109-163; 10 U.S.C. 2521 note).
[[Page 126 STAT. 1950]]
(iii) Section 212(b) of the Ronald W. Reagan
National Defense Authorization Act for Fiscal Year
2005 (Public Law 108-375; 10 U.S.C. 2358 note).
(iv) Section 246(d)(1) of the Bob Stump
National Defense Authorization Act for Fiscal Year
2003 (Public Law 107-314; 10 U.S.C. 2358 note).
(v) Section 257(a) of the National Defense
Authorization Act for Fiscal Year 1995 (Public Law
103-337; 10 U.S.C. 2358 note).
(vi) Section 1101(b)(1)(D) of the Strom
Thurmond National Defense Authorization Act for
Fiscal Year 1999 (Public Law 105-261; 5 U.S.C.
3104 note).
(vii) Section 802(g)(1)(B)(ii) of the Higher
Education Opportunity Act (20 U.S.C.
9631(g)(1)(B)(ii)).
(B) Section 2365 of title 10, United States Code, is
amended--
(i) in subsection (a), by inserting ``of
Defense for Research and Engineering'' after
``Assistant Secretary''; and
(ii) in subsection (d)(3)(A), by striking
``Director'' and inserting ``Assistant
Secretary''.
(C) Section 256 of the National Defense
Authorization Act for Fiscal Year 2006 (Public Law 109-
163; 10 U.S.C. 1071 note) is amended in subsections
(b)(4) and (d) by striking ``Director, Defense'' and
inserting ``Assistant Secretary of Defense for''.
(D) Section 1504 of the Duncan Hunter National
Defense Authorization Act for Fiscal Year 2009 (Public
Law 110-417; 10 U.S.C. 2358 note) is amended--
(i) in subsection (a), by striking ``Director
of Defense'' and inserting ``Assistant Secretary
of Defense for''; and
(ii) in subsection (b)(9), by striking ``the
Director of the'' and all that follows through
``Engineering'' and inserting ``the Director and
the Assistant Secretary''.
(E) Section 802 of the National Defense
Authorization Act for Fiscal Year 1994 (Public Law 103-
160; 10 U.S.C. 2358 note) is amended--
(i) in subsection (a), by striking ``Director
of Defense'' and inserting ``Assistant Secretary
of Defense for'';
(ii) in subsections (b), (d), and (e), by
striking ``Director'' and inserting ``Assistant
Secretary''; and
(iii) in subsection (f), by striking ``Not
later than'' and all that follows through ``the
Director'' and inserting ``The Assistant
Secretary''.
(F) Section 214 of the National Defense
Authorization Act for Fiscal Year 2008 (Public Law 110-
181; 10 U.S.C. 2521 note) is amended by striking
``unless the'' and all that follows through ``ensures''
and inserting ``unless the Assistant Secretary of
Defense for Research and Engineering ensures''.
(3) Assistant secretary of defense for operational energy
plans and programs.--Section 2925(b) of title 10, United States
Code, is amended--
(A) in paragraph (1), by striking ``Director of''
and inserting ``Assistant Secretary of Defense for'';
and
[[Page 126 STAT. 1951]]
(B) in paragraph (2)(G), by striking ``Director''
both places it appears and inserting ``Assistant
Secretary''.
(d) Cross-reference Amendments in Title 10.--Title 10, United States
Code, is amended as follows:
(1) Section 1722b(c) is amended--
(A) in paragraph (3), by striking ``subsections
(b)(2)(A) and (b)(2)(B)'' and inserting ``subsections
(b)(1)(A) and (b)(1)(B)''; and
(B) in paragraph (4), by striking ``1734(d), or
1736(c)'' and inserting ``or 1734(d)''.
(2) Section 1787(b) is amended--
(A) by striking ``section 3(1)'' and inserting
``section 3''; and
(B) by striking ``42 U.S.C. 5102'' and inserting
``Public Law 93-247; 42 U.S.C. 5101 note''.
(3) Section 2382(b)(1) is amended by inserting ``of the
Small Business Act (15 U.S.C. 657q(c)(4))'' after ``section
44(c)(4)''.
(4) Section 2474(d) is amended by striking ``section
2667(d)'' and inserting ``section 2667(e)''.
(5) Section 2548(e)(2) is amended by striking ``section
103(f) of the Weapon Systems Acquisition Reform Act of 2009 (10
U.S.C. 2430 note),'' and inserting ``section 2438(f) of this
title''.
(6) Section 2925 is amended--
(A) in subsection (a)(1), by striking ``section
533'' and inserting ``section 553''; and
(B) in subsection (b)(1), by striking ``section
139b'' and inserting ``section 138c''.
(e) Date of Enactment References.--Title 10, United States Code, is
amended as follows:
(1) Section 1564(a)(2)(B) is amended by striking ``the date
of the enactment of the Ike Skelton National Defense
Authorization Act for Fiscal Year 2011'' in clauses (ii) and
(iii) and inserting ``January 7, 2011''.
(2) Section 2216a(e) is amended by striking ``on the last
day of'' and all that follows and inserting ``on September 30,
2015.''.
(3) Section 2359b(k)(5) is amended by striking ``the date
that is five years after the date of the enactment of this Act''
and inserting ``January 7, 2016''.
(4) Section 2649(c) is amended by striking ``During the 5-
year period beginning on the date of the enactment of the Ike
Skelton National Defense Authorization Act for Fiscal Year
2011'' and inserting ``Until January 6, 2016''.
(5) Section 2790(g)(1) is amended by striking ``on or after
the date of the enactment of the Ike Skelton National Defense
Authorization Act for Fiscal Year 2011'' and inserting ``after
January 6, 2011,''.
(6) Sections 3911(b)(2), 6323(a)(2)(B), and 8911(b)(2) are
amended by striking ``the date of the enactment of the Ike
Skelton National Defense Authorization Act for Fiscal Year
2011'' and inserting ``January 7, 2011,''.
(7) Section 10217(d)(3) is amended by striking ``after the
end of the 2-year period beginning on the date of the enactment
of this subsection'' and inserting ``after January 6, 2013''.
(f) Other Miscellaneous Amendments to Title 10.--Title 10, United
States Code, is amended as follows:
[[Page 126 STAT. 1952]]
(1) Section 113(c)(2) is amended by striking ``on'' after
``Board on''.
(2) The table of sections at the beginning of <<NOTE: 10
USC prec. 131.>> chapter 4 is amended by striking the item
relating to section 133b.
(3) Paragraph (3) of section 138(c), as added by section
314(a) of the National Defense Authorization Act for Fiscal Year
2012 (Public Law 112-81; 125 Stat. 1357), <<NOTE: 10 USC 138,
138c.>> is transferred to appear at the end of section 138c(c).
(4) Section 139a(d)(4) is amended by adding a period at the
end.
(5) Section 139b(a)(6) is amended by striking ``propriety''
and inserting ``proprietary''.
(6) The item relating to section 225 at the end of the table
of sections at the beginning of chapter 9 <<NOTE: 10 USC prec.
221.>> is transferred to appear after the item relating to
section 224.
(7) Section 401(d) is amended by striking ``Committee on
International Relations'' and inserting ``Committee on Foreign
Affairs''.
(8) Section 843(b)(2)(B)(v) (article 43 of the Uniform Code
of Military Justice) is amended by striking ``Kidnaping,,'' and
inserting ``Kidnaping,''.
(9) Section 920(g)(7) (article 120 of the Uniform Code of
Military Justice) is amended by striking the second period at
the end.
(10) Section 983(b)(1) is amended by striking ``or
Secretary'' and inserting ``or the Secretary''.
(11) Section 1086(b)(1) is amended by striking ``clause
(2)'' and inserting ``paragraph (2)''.
(12) Section 1142(b)(10) is amended by striking
``training,,'' and inserting ``training,''.
(13) Section 1143(a) is amended by inserting after ``Coast
Guard'' the following: ``when it is not operating as a service
in the Navy''.
(14) Section 1143a(h) is amended by inserting after ``Coast
Guard'' the second place it appears the following: ``when it is
not operating as a service in the Navy''.
(15) Section 1145(e) is amended by inserting before the
period at the end the following: ``when the Coast Guard is not
operating as a service in the Navy''.
(16) Section 1146(b) is amended by inserting before the
period at the end the following: ``when the Coast Guard is not
operating as a service in the Navy''.
(17) Section 1149 is amended by inserting after ``Coast
Guard'' the following: ``when it is not operating as a service
in the Navy''.
(18) Section 1150(c) is amended by inserting after ``Coast
Guard'' the second place it appears the following: ``when it is
not operating as a service in the Navy''.
(19) Section 1401(a) is amended by striking ``columns 1, 2,
3, and 4,'' in the matter preceding the table and inserting
``columns 1, 2, and 3,''.
(20) Section 1599a(a) is amended by striking ``National
Security Act'' and inserting ``National Security Agency Act''.
(21) Section 1781(a) is amended--
(A) in the first sentence, by striking ``Director''
and inserting ``Office'';
(B) in the first sentence, by striking
``hereinafter''; and
[[Page 126 STAT. 1953]]
(C) in the second sentence, by striking ``office''
both places it appears and inserting ``Office''.
(22) Section 1790, as added by section 8070 of division A of
Public 112-74 (125 Stat. 822), is amended--
(A) by striking the section heading and inserting
the following:
``Sec. 1790. Military personnel citizenship processing'';
(B) by striking ``Authorization of Payments.--'';
(C) by striking ``title 10, United States Code'' and
inserting ``this title'';
(D) by striking ``8 U.S.C. Sec. Sec. 1439'' and
inserting ``8 U.S.C. 1439''; and
(E) by striking ``sections 286(m) and (n) of such
Act (8 U.S.C. Sec. 1356(m))'' and inserting
``subsections (m) and (n) of section 286 of such Act (8
U.S.C. 1356)''.
(23) Section 2006(b)(2) is amended by redesignating the
second subparagraph (E) (as added by section 109(b)(2)(B) of
Public Law 111-377 (124 Stat. 4120), effective August 1, 2011)
as subparagraph (F).
(24) Section 2318(a)(2) is amended by striking ``section
1705(b) and (c)'' and inserting ``subsections (b) and (c) of
section 1705''.
(25) Section 2350m(e) is amended by striking ``Not later
than October 31, 2009, and annually thereafter'' and inserting
``Not later than October 31 each year''.
(26) Section 2401 is amended by striking ``the Committee on
Armed Services and the Committee on Appropriations of the Senate
and the Committee on Armed Services and the Committee on
Appropriations of the House of Representatives'' in subsections
(b)(1)(B) and (h)(1) and inserting ``the congressional defense
committees''.
(27) Section 2438(a)(3) is amended by inserting ``the
senior'' before ``official's''.
(28) Section 2461(d)(2) is amended by striking ``that Act''
and inserting ``such section''.
(29) Section 2533a(k) is amended by striking
``FedBizOps.gov'' and inserting ``FedBizOpps.gov''.
(30) Section 2548 is amended--
(A) in subsection (a)--
(i) by striking ``Not later than'' and all
that follows through ``the Secretary'' and
inserting ``The Secretary''; and
(ii) by adding a period at the end of
paragraph (3);
(B) in subsection (d)--
(i) in the subsection heading, by inserting
``and'' after ``Performance'' the second place it
appears; and
(ii) by striking ``Beginning with fiscal year
2012, the'' and inserting ``The''; and
(C) in subsection (e)(1), by striking ``, United
States Code,''.
(31) Section 2561(f)(2) is amended by striking ``Committee
on International Relations'' and inserting ``Committee on
Foreign Affairs''.
[[Page 126 STAT. 1954]]
(32) Section 2601a(a)(1) is amended by inserting after
``Coast Guard'' the first place it appears the following: ``when
it is not operating as a service in the Navy''.
(33) Section 2687(f) is amended by striking ``at a result''
and inserting ``as a result''.
(34) Section 2687a is amended--
(A) in subsection (a), by striking ``Foreign
relations'' and inserting ``Foreign Relations''; and
(B) in subsection (b)(1)--
(i) by striking the comma after ``including'';
and
(ii) by striking ``The Treaty'' and inserting
``the Treaty''.
(35) Section 2835 is amended--
(A) in subsection (a), by inserting after ``Coast
Guard'' the following: ``when it is not operating as a
service in the Navy''; and
(B) in subsection (g)(1), by inserting after ``Coast
Guard'' the following: ``when it is not operating as a
service in the Navy''.
(36) Section 2836 is amended--
(A) in subsection (a), by inserting after ``Coast
Guard'' the following: ``when it is not operating as a
service in the Navy''; and
(B) in paragraphs (4)(B) and (11) of subsection (c),
by inserting after ``Coast Guard'' the following: ``when
it is not operating as a service in the Navy''.
(37) Section 3201(a) is amended by striking ``(beginning
with fiscal year 1999)''.
(38) Section 4342 is amended--
(A) in subsection (b)--
(i) in paragraph (1), by striking ``clause''
both places it appears and inserting
``paragraph''; and
(ii) in paragraph (5), by striking ``clauses''
and inserting ``paragraphs'';
(B) in subsection (d), by striking ``clauses'' and
inserting ``paragraphs''; and
(C) in subsection (f), by striking ``clauses'' and
inserting ``paragraphs''.
(39) Section 4343 is amended by striking ``clauses'' and
inserting ``paragraphs''.
(40) Section 6954 is amended--
(A) in subsection (b)--
(i) in paragraph (1), by striking ``clause''
both places it appears and inserting
``paragraph''; and
(ii) in paragraph (5), by striking ``clauses''
and inserting ``paragraphs''; and
(B) in subsection (d), by striking ``clauses'' and
inserting ``paragraphs''.
(41) Section 6956(b) is amended by striking ``clauses'' and
inserting ``paragraphs''.
(42) Section 9342 is amended--
(A) in subsection (b)--
(i) in paragraph (1), by striking ``clause''
both places it appears and inserting
``paragraph''; and
(ii) in paragraph (5), by striking ``clauses''
and inserting ``paragraphs'';
[[Page 126 STAT. 1955]]
(B) in subsection (d), by striking ``clauses'' and
inserting ``paragraphs''; and
(C) in subsection (f), by striking ``clauses'' and
inserting ``paragraphs''.
(43) Section 9343 is amended by striking ``clauses'' and
inserting ``paragraphs''.
(44) Section 9515(b) is amended by striking ``required by''
and all the follows through ``2008'' and inserting ``required by
section 356 of the National Defense Authorization Act for Fiscal
Year 2008''.
(45) Section 10217(c)(3) is amended by striking ``consider''
and inserting ``considered''.
(g) Repeal of Expired Provisions.--Title 10, United States Code, is
amended as follows:
(1) Section 1108 is amended--
(A) by striking subsections (j) and (k); and
(B) by redesignating subsection (l) as subsection
(j).
(2) Section 2325 is amended by striking subsection (b) and
redesignating subsection (c) as subsection (b).
(3) Section 2349a is repealed, and the table of sections at
the beginning of subchapter I of chapter 138 <<NOTE: 10 USC 2341
prec.>> is amended by striking the item relating to that
section.
(4) Section 2374b is repealed, and the table of sections at
the beginning of chapter 139 is <<NOTE: 10 USC 2351
prec.>> amended by striking the item relating to that section.
(h) Amendments to Title 37.--Title 37, United States Code, is
amended as follows:
(1) Section 310(c)(1) is amended by striking ``section for
for'' and inserting ``section for''.
(2) Section 431, as transferred to chapter 8 of such title
by section 631(d)(2) of the National Defense Authorization Act
for Fiscal Year 2012 (Public Law 112-81; 125 Stat. 1460), is
redesignated as section 491.
(3) Section 501(a)(5) is amended by striking ``a reserve a
component'' and inserting ``a reserve component''.
(i) Amendment to Title 46.--Section 51301(a) of title 46, United
States Code, is amended in the heading by striking ``IN General'' and
inserting ``In General''.
(j) Duplicative Provision in Armed Forces Retirement Home Act of
1991.--Section 1511(d) of the Armed Forces Retirement Home Act of 1991
(24 U.S.C. 411(d)) is amended by striking the first paragraph (3),
leaving the second paragraph (3) added by section 561 of Public Law 112-
81 (125 Stat. 1420).
(k) Cross References and Date of Enactment References in
Reinstatement of Temporary Early Retirement Authority.--Section 4403 of
the National Defense Authorization Act for Fiscal Year 1993 (Public Law
102-484; 10 U.S.C. 1293 note), as amended by section 504(b) of the
National Defense Authorization Act for Fiscal Year 2012 (Public Law 112-
81; 125 Stat. 1391), is amended--
(1) in subsection (c)(2)--
(A) in subparagraph (A), by striking ``1995 ('' and
inserting ``1995 (Public Law 103-337;''; and
(B) in subparagraph (B), by striking ``1995'' and
inserting ``1996'';
[[Page 126 STAT. 1956]]
(2) in subsection (h), by striking ``the date of the
enactment of the National Defense Authorization Act for Fiscal
Year 2012'' and inserting ``December 31, 2011,''; and
(3) in subsection (i)(2), by striking ``the date of the
enactment of the National Defense Authorization Act for Fiscal
Year 2012'' and inserting ``December 31, 2011,''.
(l) <<NOTE: 50 USC app. 460 and note. Effective date.>> Correction
of Erroneous Amendment Instructions.--Effective as of August 10, 2012,
and as if included therein as enacted, section 2(c)(3) of Public Law
112-166 (126 Stat. 1284) is amended by striking ``Selective Service Act
of 1948'' and inserting ``Military Selective Service Act''.
(m) <<NOTE: Applicability. 10 USC 101 note.>> Coordination With
Other Amendments Made by This Act.--For purposes of applying amendments
made by provisions of this Act other than this section, the amendments
made by this section shall be treated as having been enacted immediately
before any amendment made by other provisions of this Act.
SEC. 1077. SENSE OF CONGRESS ON RECOGNIZING AIR MOBILITY COMMAND
ON ITS 20TH ANNIVERSARY.
(a) Findings.--Congress finds the following:
(1) On June 1, 1992, Air Mobility Command was established as
the Air Force's functional command for cargo and passenger
delivery, air refueling, and aeromedical evacuation.
(2) As the lead Major Command for all Mobility Air Forces,
Air Mobility Command ensures that the Air Force's core functions
of global vigilance, power, and reach are fulfilled.
(3) The ability of the United States to rapidly respond to
humanitarian disasters and the outbreak of hostilities anywhere
in the world truly defines the United States as a global power.
(4) Mobility Air Forces Airmen are unified by one single
purpose: to answer the call of others so they may prevail.
(5) The United States' hand of friendship to the world many
times takes the form of Mobility Air Forces aircraft delivering
humanitarian relief. Since its inception, Air Mobility Command
has provided forces for 43 humanitarian relief efforts at home
and abroad, from New Orleans, Louisiana, to Bam, Iran.
(6) A Mobility Air Forces aircraft departs every 2 minutes,
365 days a year. Since September 11, 2001, Mobility Air Forces
aircraft have flown 18.9 million passengers, 6.8 million tons of
cargo, and offloaded 2.2 billion pounds of fuel. Many of these
flights have assisted combat aircraft protection United States
forces from overhead.
(7) The United States keeps its solemn promise to its men
and women in uniform with Air Mobility Command, accomplishing
186,940 patient movements since the beginning of Operation Iraqi
Freedom.
(8) Mobility Air Forces Airmen reflect the best values of
the Nation: delivering hope, saving lives, and fueling the
fight.
(b) Sense of Congress.--It is the sense of Congress that, on the
occasion of the 20th anniversary of the establishment of Air Mobility
Command, the people of the United States should--
(1) recognize the critical role that Mobility Air Forces
play in the Nation's defense; and
(2) express appreciation for the leadership of Air Mobility
Command and the more than 134,000 active-duty, Air National
[[Page 126 STAT. 1957]]
Guard, Air Force Reserve, and Department of Defense civilians
that make up the command.
SEC. 1078. DISSEMINATION ABROAD OF INFORMATION ABOUT THE UNITED
STATES.
(a) United States Information and Educational Exchange Act of
1948.--Section 501 of the United States Information and Educational
Exchange Act of 1948 (22 U.S.C. 1461) is amended to read as follows:
``general authorization
``Sec. 501. (a) The Secretary and the Broadcasting Board of
Governors are authorized to use funds appropriated or otherwise made
available for public diplomacy information programs to provide for the
preparation, dissemination, and use of information intended for foreign
audiences abroad about the United States, its people, and its policies,
through press, publications, radio, motion pictures, the Internet, and
other information media, including social media, and through information
centers, instructors, and other direct or indirect means of
communication.
``(b)(1) Except as provided in paragraph (2), the Secretary and the
Broadcasting Board of Governors may, upon request and reimbursement of
the reasonable costs incurred in fulfilling such a request, make
available, in the United States, motion pictures, films, video, audio,
and other materials disseminated abroad pursuant to this Act, the United
States International Broadcasting Act of 1994 (22 U.S.C. 6201 et seq.),
the Radio Broadcasting to Cuba Act (22 U.S.C. 1465 et seq.), or the
Television Broadcasting to Cuba Act (22 U.S.C. 1465aa et seq.). Any
reimbursement pursuant to this paragraph shall be credited to the
applicable appropriation account of the Department of State or the
Broadcasting Board of Governors, as
appropriate. <<NOTE: Regulations.>> The Secretary and the Broadcasting
Board of Governors shall issue necessary regulations--
``(A) <<NOTE: Procedures.>> to establish procedures to
maintain such material;
``(B) for reimbursement of the reasonable costs incurred in
fulfilling requests for such material; and
``(C) to ensure that the persons seeking release of such
material have secured and paid for necessary United States
rights and licenses.
``(2) <<NOTE: Historic preservation.>> With respect to material
disseminated abroad before the effective date of section 1078 of the
National Defense Authorization Act for Fiscal Year 2013--
``(A) the Secretary and the Broadcasting Board of Governors
shall make available to the Archivist of the United States, for
domestic distribution, motion pictures, films, videotapes, and
other material 12 years after the initial dissemination of the
material abroad; and
``(B) <<NOTE: Regulations.>> the Archivist shall be the
official custodian of the material and shall issue necessary
regulations to ensure that persons seeking its release in the
United States have secured and paid for necessary United States
rights and licenses and that all costs associated with the
provision of the material by the Archivist shall be paid by the
persons seeking its release, in accordance with paragraph (4).
``(3) The Archivist may undertake the functions described in
paragraph (1) on behalf of and at the request of the Secretary or the
Broadcasting Board of Governors.
[[Page 126 STAT. 1958]]
``(4) The Archivist may charge fees to recover the costs described
in paragraphs (1) and (2), in accordance with section 2116(c) of title
44, United States Code. Such fees shall be paid into, administered, and
expended as part of the National Archives Trust Fund.
``(c) Nothing in this section may be construed to require the
Secretary or the Broadcasting Board of Governors to make material
disseminated abroad available in any format other than in the format
disseminated abroad.''.
(b) <<NOTE: 22 USC 1461 note.>> Rule of Construction.--Nothing in
this section, or in the United States Information and Educational
Exchange Act of 1948 (22 U.S.C. 1431 et seq.), may be construed to
affect the allocation of funds appropriated or otherwise made
specifically available for public diplomacy or to authorize
appropriations for Broadcasting Board of Governors programming other
than for foreign audiences abroad.
(c) Foreign Relations Authorization Act, Fiscal Years 1986 and
1987.--Section 208 of the Foreign Relations Authorization Act, Fiscal
Years 1986 and 1987 (22 U.S.C. 1461-1a) is amended to read as follows:
``SEC. 208. CLARIFICATION ON DOMESTIC DISTRIBUTION OF PROGRAM
MATERIAL.
``(a) In General.--No funds authorized to be appropriated to the
Department of State or the Broadcasting Board of Governors shall be used
to influence public opinion in the United States. This section shall
apply only to programs carried out pursuant to the United States
Information and Educational Exchange Act of 1948 (22 U.S.C. 1431 et
seq.), the United States International Broadcasting Act of 1994 (22
U.S.C. 6201 et seq.), the Radio Broadcasting to Cuba Act (22 U.S.C. 1465
et seq.), and the Television Broadcasting to Cuba Act (22 U.S.C. 1465aa
et seq.). This section shall not prohibit or delay the Department of
State or the Broadcasting Board of Governors from providing information
about its operations, policies, programs, or program material, or making
such available, to the media, public, or Congress, in accordance with
other applicable law.
``(b) Rule of Construction.--Nothing in this section shall be
construed to prohibit the Department of State or the Broadcasting Board
of Governors from engaging in any medium or form of communication,
either directly or indirectly, because a United States domestic audience
is or may be thereby exposed to program material, or based on a
presumption of such exposure. Such material may be made available within
the United States and disseminated, when appropriate, pursuant to
sections 502 and 1005 of the United States Information and Educational
Exchange Act of 1948 (22 U.S.C. 1462 and 1437), except that nothing in
this section may be construed to authorize the Department of State or
the Broadcasting Board of Governors to disseminate within the United
States any program material prepared for dissemination abroad on or
before the effective date of section 1078 of the National Defense
Authorization Act for Fiscal Year 2013.
``(c) Application.--The provisions of this section shall apply only
to the Department of State and the Broadcasting Board of Governors and
to no other department or agency of the Federal Government.''.
(d) Conforming Amendments.--The United States Information and
Educational Exchange Act of 1948 is amended--
[[Page 126 STAT. 1959]]
(1) in section 502 (22 U.S.C. 1462)--
(A) by inserting ``and the Broadcasting Board of
Governors'' after ``Secretary''; and
(B) by inserting ``or the Broadcasting Board of
Governors'' after ``Department''; and
(2) in section 1005 (22 U.S.C. 1437), by inserting ``and the
Broadcasting Board of Governors'' after ``Secretary'' each place
it appears.
(e) <<NOTE: 22 USC 1437 note.>> Effective Date.--This section shall
take effect and apply on the date that is 180 days after the date of the
enactment of this section.
SEC. 1079. COORDINATION FOR COMPUTER NETWORK OPERATIONS.
(a) <<NOTE: Deadline.>> Briefing.--Not later than 90 days after the
date of the enactment of this Act, the Secretary of Defense shall
provide to the Committees on Armed Services of the Senate and House of
Representatives a briefing on the interagency process for coordinating
and de-conflicting full-spectrum military cyber operations for the
Federal Government.
(b) Elements.-- The briefing required under subsection (a) shall
include a description of each of the following:
(1) The business processes and rules governing the
interagency process for coordinating and de-conflicting full-
spectrum military cyber operations.
(2) The membership and responsibilities of such interagency
process.
(3) The current status of interagency guidance clarifying
roles and responsibilities for full-spectrum military cyber
operations.
(4) Plans for implementing the planning and guidance from
such interagency process.
(c) <<NOTE: 10 USC 221 note.>> Budget Justification Documents.--The
Secretary of Defense shall submit to the congressional defense
committees dedicated budget documentation materials to accompany the
budget submissions for fiscal year 2015 and each subsequent fiscal year,
including a single Department of Defense-wide budget estimate and
detailed budget planning data for full-spectrum military cyberspace
operations. Such materials shall be submitted in unclassified form but
may include a classified annex.
SEC. 1080. SENSE OF CONGRESS REGARDING UNAUTHORIZED DISCLOSURES OF
CLASSIFIED INFORMATION.
It is the sense of Congress that--
(1) unauthorized disclosures of classified information can
threaten the national security and foreign relations of the
United States;
(2) the Department of Defense has taken positive steps
toward improving its policies, procedures, and enforcement
mechanisms regarding unauthorized disclosures of classified
information and should continue to improve upon such policies,
procedures, and enforcement mechanisms;
(3) other departments and agencies of the Federal Government
should undertake similar efforts, if such departments and
agencies have not already done so; and
(4) the Department of Justice should investigate possible
violations of Federal law related to unauthorized disclosures of
classified information, including disclosures related to
military, intelligence, and operational capabilities of the
United
[[Page 126 STAT. 1960]]
States and allies of the United States and, in appropriate
cases, individuals responsible for such unauthorized disclosures
should be prosecuted to the full extent of the law.
SEC. 1081. TECHNICAL AMENDMENTS TO REPEAL STATUTORY REFERENCES TO
UNITED STATES JOINT FORCES COMMAND.
Title 10, United States Code, is amended as follows:
(1)(A) Section 232 is repealed.
(B) The table of sections at the beginning of <<NOTE: 10 USC
221 prec.>> chapter 9 is amended by striking the item relating
to section 232.
(2) Section 2859(d) is amended--
(A) by striking paragraph (2); and
(B) by redesignating paragraph (3) as paragraph (2).
(3) Section 10503(13)(B) is amended--
(A) by striking clause (iii); and
(B) redesignating clause (iv) as clause (iii).
SEC. 1082. SENSE OF CONGRESS ON NON-UNITED STATES CITIZENS WHO ARE
GRADUATES OF UNITED STATES EDUCATIONAL
INSTITUTIONS WITH ADVANCED DEGREES IN
SCIENCE, TECHNOLOGY, ENGINEERING, AND
MATHEMATICS.
It is the sense of Congress--
(1) that the Department of Defense should make every
reasonable and practical effort to increase the number of United
States citizens who pursue advanced degrees in science,
technology, engineering, and mathematics; and
(2) to strongly urge the Department of Defense to
investigate innovative mechanisms (subject to all appropriate
security requirements) to access the pool of talent of non-
United States citizens with advanced scientific and technical
degrees from United States institutions of higher education,
especially in those scientific and technical areas that are most
vital to the national defense (such as those identified by the
Assistant Secretary of Defense for Research and Engineering and
the Armed Forces).
SEC. 1083. SCIENTIFIC FRAMEWORK FOR RECALCITRANT CANCERS.
Subpart 1 of part C of title IV of the Public Health Service Act (42
U.S.C. 285 et seq.) is amended by adding at the end the following:
``SEC. 417G. <<NOTE: 42 USC 285a-13.>> SCIENTIFIC FRAMEWORK FOR
RECALCITRANT CANCERS.
``(a) Development of Scientific Framework.--
``(1) In general.--For each recalcitrant cancer identified
under subsection (b), the Director of the Institute shall
develop (in accordance with subsection (c)) a scientific
framework for the conduct or support of research on such cancer.
``(2) Contents.--The scientific framework with respect to a
recalcitrant cancer shall include the following:
``(A) Current status.--
``(i) Review of literature.--A summary of
findings from the current literature in the areas
of--
``(I) the prevention, diagnosis, and
treatment of such cancer;
``(II) the fundamental biologic
processes that regulate such cancer
(including similarities and differences
of such processes from the biological
processes that regulate other cancers);
and
[[Page 126 STAT. 1961]]
``(III) the epidemiology of such
cancer.
``(ii) Scientific advances.--The
identification of relevant emerging scientific
areas and promising scientific advances in basic,
translational, and clinical science relating to
the areas described in subclauses (I) and (II) of
clause (i).
``(iii) Researchers.--A description of the
availability of qualified individuals to conduct
scientific research in the areas described in
clause (i).
``(iv) Coordinated research initiatives.--The
identification of the types of initiatives and
partnerships for the coordination of intramural
and extramural research of the Institute in the
areas described in clause (i) with research of the
relevant national research institutes, Federal
agencies, and non-Federal public and private
entities in such areas.
``(v) Research resources.--The identification
of public and private resources, such as patient
registries and tissue banks, that are available to
facilitate research relating to each of the areas
described in clause (i).
``(B) Identification of research questions.--The
identification of research questions relating to basic,
translational, and clinical science in the areas
described in subclauses (I) and (II) of subparagraph
(A)(i) that have not been adequately addressed with
respect to such recalcitrant cancer.
``(C) Recommendations.--Recommendations for
appropriate actions that should be taken to advance
research in the areas described in subparagraph (A)(i)
and to address the research questions identified in
subparagraph (B), as well as for appropriate benchmarks
to measure progress on achieving such actions, including
the following:
``(i) Researchers.--Ensuring adequate
availability of qualified individuals described in
subparagraph (A)(iii).
``(ii) Coordinated research initiatives.--
Promoting and developing initiatives and
partnerships described in subparagraph (A)(iv).
``(iii) Research resources.--Developing
additional public and private resources described
in subparagraph (A)(v) and strengthening existing
resources.
``(3) Timing.--
``(A) <<NOTE: Deadlines.>> Initial development and
subsequent update.--For each recalcitrant cancer
identified under subsection (b)(1), the Director of the
Institute shall--
``(i) develop a scientific framework under
this subsection not later than 18 months after the
date of the enactment of this section; and
``(ii) review and update the scientific
framework not later than 5 years after its initial
development.
``(B) Other updates.--The Director of the Institute
may review and update each scientific framework
developed under this subsection as necessary.
``(4) <<NOTE: Deadline.>> Public notice.--With respect to
each scientific framework developed under subsection (a), not
later than 30 days
[[Page 126 STAT. 1962]]
after the date of completion of the framework, the Director of
the Institute shall--
``(A) submit such framework to the Committee on
Energy and Commerce and Committee on Appropriations of
the House of Representatives, and the Committee on
Health, Education, Labor, and Pensions and Committee on
Appropriations of the Senate; and
``(B) <<NOTE: Web posting.>> make such framework
publically available on the Internet website of the
Department of Health and Human Services.
``(b) Identification of Recalcitrant Cancer.--
``(1) In general.--Not later than 6 months after the date of
the enactment of this section, the Director of the Institute
shall identify two or more recalcitrant cancers that each--
``(A) have a 5-year relative survival rate of less
than 20 percent; and
``(B) are estimated to cause the death of at least
30,000 individuals in the United States per year.
``(2) Additional cancers.--The Director of the Institute
may, at any time, identify other recalcitrant cancers for
purposes of this section. In identifying a recalcitrant cancer
pursuant to the previous sentence, the Director may consider
additional metrics of progress (such as incidence and mortality
rates) against such type of cancer.
``(c) Working Groups.--For each recalcitrant cancer identified under
subsection (b), the Director of the Institute shall convene a working
group comprised of representatives of appropriate Federal agencies and
other non-Federal entities to provide expertise on, and assist in
developing, a scientific framework under subsection (a). The Director of
the Institute (or the Director's designee) shall participate in the
meetings of each such working group.
``(d) Reporting.--
``(1) Biennial reports.--The Director of NIH shall ensure
that each biennial report under section 403 includes information
on actions undertaken to carry out each scientific framework
developed under subsection (a) with respect to a recalcitrant
cancer, including the following:
``(A) Information on research grants awarded by the
National Institutes of Health for research relating to
such cancer.
``(B) An assessment of the progress made in
improving outcomes (including relative survival rates)
for individuals diagnosed with such cancer.
``(C) An update on activities pertaining to such
cancer under the authority of section 413(b)(7).
``(2) Additional one-time report for certain frameworks.--
For each recalcitrant cancer identified under subsection (b)(1),
the Director of the Institute shall, not later than 6 years
after the initial development of a scientific framework under
subsection (a), submit a report to the Congress on the
effectiveness of the framework (including the update required by
subsection (a)(3)(A)(ii)) in improving the prevention,
detection, diagnosis, and treatment of such cancer.
``(e) Recommendations for Exception Funding.--The Director of the
Institute shall consider each relevant scientific framework developed
under subsection (a) when making recommendations for exception funding
for grant applications.
[[Page 126 STAT. 1963]]
``(f) Definition.--In this section, the term `recalcitrant cancer'
means a cancer for which the five-year relative survival rate is below
50 percent.''.
SEC. 1084. PROTECTION OF VETERANS' MEMORIALS.
(a) Transportation of Stolen Materials.--Section 2314 of title 18,
United States Code, is amended--
(1) by striking ``or any part thereof--'' and inserting the
following: ``or any part thereof; or'';
(2) by inserting before ``Shall be fined under this title''
the following:
``Whoever transports, transmits, or transfers in interstate or
foreign commerce any veterans' memorial object, knowing the same to have
been stolen, converted or taken by fraud--'';
(3) by inserting after ``under this section is greater.''
the following: ``If the offense involves the transportation,
transmission, or transfer in interstate or foreign commerce of
veterans' memorial objects with a value, in the aggregate, of
less than $1,000, the defendant shall be fined under this title
or imprisoned not more than one year, or both.''; and
(4) by adding at the end the following:
``For <<NOTE: Definition.>> purposes of this section the term
`veterans' memorial object' means a grave marker, headstone, monument,
or other object, intended to permanently honor a veteran or mark a
veteran's grave, or any monument that signifies an event of national
military historical significance.''.
(b) Sale or Receipt of Stolen Memorials.--Section 2315 of title 18,
United States Code, is amended--
(1) by striking ``or any part thereof--'' and inserting the
following: ``or any part thereof; or''; and
(2) by inserting before ``Shall be fined under this title''
the following:
`` `Whoever receives, possesses, conceals, stores, barters, sells,
or disposes of any veterans' memorial object which has crossed a State
or United States boundary after being stolen, unlawfully converted, or
taken, knowing the same to have been stolen, unlawfully converted, or
taken--' '';
(3) by inserting after ``under this section is greater.''
the following: ``If the offense involves the receipt,
possession, concealment, storage, barter, sale, or disposal of
veterans' memorial objects with a value, in the aggregate, of
less than $1,000, the defendant shall be fined under this title
or imprisoned not more than one year, or both.''; and
(4) by adding at the end the following: ``For purposes of
this section the term `veterans' memorial object' means a grave
marker, headstone, monument, or other object, intended to
permanently honor a veteran or mark a veteran's grave, or any
monument that signifies an event of national military historical
significance.''.
SEC. 1085. SENSE OF CONGRESS REGARDING SPECTRUM.
It is the sense of Congress that--
(1) the United States mobile communications industry is a
significant economic engine;
(2) while wireless carriers are continually implementing new
and more efficient technologies and techniques to maximize their
existing spectrum capacity, there is a pressing need for
additional spectrum for mobile broadband services;
[[Page 126 STAT. 1964]]
(3) as the United States faces the growing demand for
spectrum, consideration should be given to both the supply of
spectrum for licensed networks and for unlicensed devices;
(4) while such growing demand can be met in part by
reallocating spectrum from existing non-governmental uses, the
long-term solution must include reallocation and sharing of
Federal Government spectrum for private sector use;
(5) recognizing the important uses of spectrum by the
Federal Government, including for national security, law
enforcement, and other critical Federal uses, existing law
ensures that Federal operations are not harmed as a result of a
reallocation of spectrum for commercial use, including through
the establishment of the Spectrum Relocation Fund to reimburse
Federal users for the costs of planning and implementing
relocation and sharing arrangements and, with respect to
spectrum vacated by the Department of Defense, certification
under section 1062(b) of the National Defense Authorization Act
for Fiscal Year 2000 (Public Law 106-65; 113 Stat. 768) by the
Secretary of Defense, the Secretary of Commerce, and the
Chairman of the Joint Chiefs of Staff that replacement spectrum
provides comparable technical characteristics to restore
essential military capability; and
(6) given the need to determine equitable outcomes for the
United States in relation to spectrum use that balance the
demand of the private sector for spectrum with national security
and other critical Federal missions, all interested parties
should be encouraged to continue the collaborative efforts
between industry and government stakeholders that have been
launched by the National Telecommunications and Information
Administration to assess and recommend practical frameworks for
the development of relocation, transition, and sharing
arrangement and plans for 110 megahertz of Federal spectrum in
the 1695-1710 MHz and the 1755-1850 MHz bands.
SEC. 1086. <<NOTE: Dale Long Public Safety Officers' Benefits
Improvements Act of 2012. 42 USC
3711.>> PUBLIC SAFETY OFFICERS'
BENEFITS PROGRAM.
(a) Short Title.--This section may be cited as the ``Dale Long
Public Safety Officers' Benefits Improvements Act of 2012''.
(b) Benefits for Certain Nonprofit Emergency Medical Service
Providers; Miscellaneous Amendments.--
(1) In general.--Title I of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.) is amended--
(A) in section 901(a) (42 U.S.C. 3791(a))--
(i) in paragraph (26), by striking ``and'' at
the end;
(ii) in paragraph (27), by striking the period
at the end and inserting ``; and''; and
(iii) by adding at the end the following:
``(28) the term `hearing examiner' includes any medical or
claims examiner.'';
(B) in section 1201 (42 U.S.C. 3796)--
(i) in subsection (a), by striking
``follows:'' and all that follows and inserting
the following: ``follows (if the payee indicated
is living on the date on which the determination
is made)--
``(1) if there is no child who survived the public safety
officer, to the surviving spouse of the public safety officer;
[[Page 126 STAT. 1965]]
``(2) if there is at least 1 child who survived the public
safety officer and a surviving spouse of the public safety
officer, 50 percent to the surviving child (or children, in
equal shares) and 50 percent to the surviving spouse;
``(3) if there is no surviving spouse of the public safety
officer, to the surviving child (or children, in equal shares);
``(4) if there is no surviving spouse of the public safety
officer and no surviving child--
``(A) to the surviving individual (or individuals,
in shares per the designation, or, otherwise, in equal
shares) designated by the public safety officer to
receive benefits under this subsection in the most
recently executed designation of beneficiary of the
public safety officer on file at the time of death with
the public safety agency, organization, or unit; or
``(B) if there is no individual qualifying under
subparagraph (A), to the surviving individual (or
individuals, in equal shares) designated by the public
safety officer to receive benefits under the most
recently executed life insurance policy of the public
safety officer on file at the time of death with the
public safety agency, organization, or unit;
``(5) if there is no individual qualifying under paragraph
(1), (2), (3), or (4), to the surviving parent (or parents, in
equal shares) of the public safety officer; or
``(6) if there is no individual qualifying under paragraph
(1), (2), (3), (4), or (5), to the surviving individual (or
individuals, in equal shares) who would qualify under the
definition of the term `child' under section 1204 but for
age.'';
(ii) in subsection (b)--
(I) by striking ``direct result of a
catastrophic'' and inserting ``direct
and proximate result of a personal'';
(II) by striking ``pay,'' and all
that follows through ``the same'' and
inserting ``pay the same'';
(III) by striking ``in any year''
and inserting ``to the public safety
officer (if living on the date on which
the determination is made)'';
(IV) by striking ``in such year,
adjusted'' and inserting ``with respect
to the date on which the catastrophic
injury occurred, as adjusted'';
(V) by striking ``, to such
officer'';
(VI) by striking ``the total'' and
all that follows through ``For'' and
inserting ``for''; and
(VII) by striking ``That these'' and
all that follows through the period, and
inserting ``That the amount payable
under this subsection shall be the
amount payable as of the date of
catastrophic injury of such public
safety officer.'';
(iii) in subsection (f)--
(I) in paragraph (1), by striking
``, as amended (D.C. Code, sec. 4-622);
or'' and inserting a semicolon;
(II) in paragraph (2)--
(aa) by striking ``. Such
beneficiaries shall only receive
benefits under such section 8191
that'' and inserting ``, such
that beneficiaries
[[Page 126 STAT. 1966]]
shall receive only such benefits
under such section 8191 as'';
and
(bb) by striking the period
at the end and inserting ``;
or''; and
(III) by adding at the end the
following:
``(3) payments under the September 11th Victim Compensation
Fund of 2001 (49 U.S.C. 40101 note; Public Law 107-42).'';
(iv) by amending subsection (k) to read as
follows:
``(k) As determined by the Bureau, a heart attack, stroke, or
vascular rupture suffered by a public safety officer shall be presumed
to constitute a personal injury within the meaning of subsection (a),
sustained in the line of duty by the officer and directly and
proximately resulting in death, if--
``(1) the public safety officer, while on duty--
``(A) engages in a situation involving nonroutine
stressful or strenuous physical law enforcement, fire
suppression, rescue, hazardous material response,
emergency medical services, prison security, disaster
relief, or other emergency response activity; or
``(B) participates in a training exercise involving
nonroutine stressful or strenuous physical activity;
``(2) the heart attack, stroke, or vascular rupture
commences--
``(A) while the officer is engaged or participating
as described in paragraph (1);
``(B) while the officer remains on that duty after
being engaged or participating as described in paragraph
(1); or
``(C) <<NOTE: Deadline.>> not later than 24 hours
after the officer is engaged or participating as
described in paragraph (1); and
``(3) the heart attack, stroke, or vascular rupture directly
and proximately results in the death of the public safety
officer,
unless competent medical evidence establishes that the heart attack,
stroke, or vascular rupture was unrelated to the engagement or
participation or was directly and proximately caused by something other
than the mere presence of cardiovascular-disease risk factors.''; and
(v) by adding at the end the following:
``(n) <<NOTE: Confidentiality.>> The public safety agency,
organization, or unit responsible for maintaining on file an executed
designation of beneficiary or executed life insurance policy for
purposes of subsection (a)(4) shall maintain the confidentiality of the
designation or policy in the same manner as the agency, organization, or
unit maintains personnel or other similar records of the public safety
officer.'';
(C) in section 1202 (42 U.S.C. 3796a)--
(i) by striking ``death'', each place it
appears except the second place it appears, and
inserting ``fatal''; and
(ii) in paragraph (1), by striking ``or
catastrophic injury'' the second place it appears
and inserting ``, disability, or injury'';
(D) in section 1203 (42 U.S.C. 3796a-1)--
(i) in the section heading, by striking ``who
have died in the line of duty'' and inserting
``who have sustained fatal or catastrophic injury
in the line of duty''; and
[[Page 126 STAT. 1967]]
(ii) by striking ``who have died in the line
of duty'' and inserting ``who have sustained fatal
or catastrophic injury in the line of duty'';
(E) in section 1204 (42 U.S.C. 3796b)--
(i) in paragraph (1), by striking
``consequences of an injury that'' and inserting
``an injury, the direct and proximate consequences
of which'';
(ii) in paragraph (3)--
(I) in the matter preceding clause
(i)--
(aa) by inserting ``or
permanently and totally
disabled'' after ``deceased'';
and
(bb) by striking ``death''
and inserting ``fatal or
catastrophic injury''; and
(II) by redesignating clauses (i),
(ii), and (iii) as subparagraphs (A),
(B), and (C), respectively;
(iii) in paragraph (5)--
(I) by striking ``post-mortem'' each
place it appears and inserting ``post-
injury'';
(II) by redesignating clauses (i)
and (ii) as subparagraphs (A) and (B),
respectively; and
(III) in subparagraph (B), as so
redesignated, by striking ``death'' and
inserting ``fatal or catastrophic
injury'';
(iv) in paragraph (7), by striking ``public
employee member of a rescue squad or ambulance
crew;'' and inserting ``employee or volunteer
member of a rescue squad or ambulance crew
(including a ground or air ambulance service)
that--
``(A) is a public agency; or
``(B) is (or is a part of) a nonprofit entity
serving the public that--
``(i) is officially authorized or licensed to
engage in rescue activity or to provide emergency
medical services; and
``(ii) engages in rescue activities or
provides emergency medical services as part of an
official emergency response system;''; and
(v) in paragraph (9)--
(I) in subparagraph (A), by striking
``as a chaplain, or as a member of a
rescue squad or ambulance crew;'' and
inserting ``or as a chaplain;'';
(II) in subparagraph (B)(ii), by
striking ``or'' after the semicolon;
(III) in subparagraph (C)(ii), by
striking the period and inserting ``;
or''; and
(IV) by adding at the end the
following:
``(D) a member of a rescue squad or ambulance crew
who, as authorized or licensed by law and by the
applicable agency or entity, is engaging in rescue
activity or in the provision of emergency medical
services.'';
(F) in section 1205 (42 U.S.C. 3796c), by adding at
the end the following:
``(d) Unless expressly provided otherwise, any reference in this
part to any provision of law not in this part shall be understood to
constitute a general reference under the doctrine of incorporation by
reference, and thus to include any subsequent amendments to the
provision.'';
[[Page 126 STAT. 1968]]
(G) in each of subsections (a) and (b) of section
1212 (42 U.S.C. 3796d-1), sections 1213 and 1214 (42
U.S.C. 3796d-2 and 3796d-3), and subsections (b) and (c)
of section 1216 (42 U.S.C. 3796d-5), by striking
``dependent'' each place it appears and inserting
``person'';
(H) in section 1212 (42 U.S.C. 3796d-1)--
(i) in subsection (a)--
(I) in paragraph (1), in the matter
preceding subparagraph (A), by striking
``Subject'' and all that follows through
``, the'' and inserting ``The''; and
(II) in paragraph (3), by striking
``reduced by'' and all that follows
through ``(B) the amount'' and inserting
``reduced by the amount'';
(ii) in subsection (c)--
(I) in the subsection heading, by
striking ``Dependent''; and
(II) by striking ``dependent'';
(I) in paragraphs (2) and (3) of section 1213(b) (42
U.S.C. 3796d-2(b)), by striking ``dependent's'' each
place it appears and inserting ``person's'';
(J) in section 1216 (42 U.S.C. 3796d-5)--
(i) in subsection (a), by striking ``each
dependent'' each place it appears and inserting
``a spouse or child''; and
(ii) by striking ``dependents'' each place it
appears and inserting ``a person''; and
(K) in section 1217(3)(A) (42 U.S.C. 3796d-6(3)(A)),
by striking ``described in'' and all that follows and
inserting ``an institution of higher education, as
defined in section 102 of the Higher Education Act of
1965 (20 U.S.C. 1002); and''.
(2) Amendment related to expedited payment for public safety
officers involved in the prevention, investigation, rescue, or
recovery efforts related to a terrorist attack.--Section 611(a)
of the Uniting and Strengthening America by Providing
Appropriate Tools Required to Intercept and Obstruct Terrorism
Act of 2001 (42 U.S.C. 3796c-1(a)) is amended by inserting ``or
an entity described in section 1204(7)(B) of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3796b(7)(B))''
after ``employed by such agency''.
(3) Conforming amendments.--The Internal Revenue Code of
1986 is amended--
(A) <<NOTE: 26 USC 402.>> in section 402(l)(4)(C),
by inserting before the period at the end the following:
``, as in effect immediately before the enactment of the
National Defense Authorization Act for Fiscal Year
2013''; and
(B) <<NOTE: 26 USC 101.>> in section 101(h)(1), by
inserting after ``1968'' the following: ``, as in effect
immediately before the enactment of the National Defense
Authorization Act for Fiscal Year 2013''.
(c) Authorization of Appropriations; Determinations; Appeals.--The
matter under the heading ``public safety officers benefits'' under the
heading ``Office of Justice Programs'' under title II of division B of
the Consolidated Appropriations Act, 2008
[[Page 126 STAT. 1969]]
(Public Law 110-161; 121 Stat. 1912; 42 U.S.C. 3796c-2) is amended--
(1) by striking ``decisions'' and inserting
``determinations'';
(2) by striking ``(including those, and any related matters,
pending)''; and
(3) by striking the period at the end and inserting the
following: ``: Provided further, That, on and after the date of
enactment of the Dale Long Public Safety Officers' Benefits
Improvements Act of 2012, as to each such statute--
``(1) <<NOTE: Applicability.>> the provisions of section
1001(a)(4) of such title I (42 U.S.C. 3793(a)(4)) shall apply;
``(2) payment (consistent with section 611 of the Uniting
and Strengthening America By Providing Appropriate Tools
Required to Intercept and Obstruct Terrorism Act of 2001 (42
U.S.C. 3796c-1)) shall be made only upon a determination by the
Bureau that the facts legally warrant the payment; and
``(3) any reference to section 1202 of such title I shall be
deemed to be a reference to paragraphs (2) and (3) of such
section 1202:
Provided further, <<NOTE: Effective
date. Determination. Notice. Deadline.>> That, on and after the date of
enactment of the Dale Long Public Safety Officers' Benefits Improvements
Act of 2012, no appeal shall bring any final determination of the Bureau
before any court for review unless notice of appeal is filed (within the
time specified herein and in the manner prescribed for appeal to United
States courts of appeals from United States district courts) not later
than 90 days after the date on which the Bureau serves notice of the
final determination: Provided
further, <<NOTE: Regulations. Applicability.>> That any regulations
promulgated by the Bureau under such part (or any such statute) before,
on, or after the date of enactment of the Dale Long Public Safety
Officers' Benefits Improvements Act of 2012 shall apply to any matter
pending on, or filed or accruing after, the effective date specified in
the regulations.''.
(d) <<NOTE: Applicability. 42 USC 3791 note.>> Effective Date.--
(1) In general.--Except as provided in paragraph (1), the
amendments made by this section shall--
(A) take effect on the date of enactment of this
Act; and
(B) apply to any matter pending, before the Bureau
of Justice Assistance or otherwise, on the date of
enactment of this Act, or filed or accruing after that
date.
(2) Exceptions.--
(A) Rescue squads and ambulance crews.--For a member
of a rescue squad or ambulance crew (as defined in
section 1204(7) of title I of the Omnibus Crime Control
and Safe Streets Act of 1968, as amended by this
section), the amendments made by this Act shall apply to
injuries sustained on or after June 1, 2009.
(B) Heart attacks, strokes, and vascular ruptures.--
Section 1201(k) of title I of the Omnibus Crime Control
and Safe Streets Act of 1968, as amended by this
section, shall apply to heart attacks, strokes, and
vascular ruptures sustained on or after December 15,
2003.
SEC. 1087. REMOVAL OF ACTION.
Section 1442 of title 28, United States Code, is amended by striking
subsection (c) and inserting the following:
[[Page 126 STAT. 1970]]
``(c) Solely for purposes of determining the propriety of removal
under subsection (a), a law enforcement officer, who is the defendant in
a criminal prosecution, shall be deemed to have been acting under the
color of his office if the officer--
``(1) protected an individual in the presence of the officer
from a crime of violence;
``(2) provided immediate assistance to an individual who
suffered, or who was threatened with, bodily harm; or
``(3) prevented the escape of any individual who the officer
reasonably believed to have committed, or was about to commit,
in the presence of the officer, a crime of violence that
resulted in, or was likely to result in, death or serious bodily
injury.
``(d) <<NOTE: Definitions.>> In this section, the following
definitions apply:
``(1) The terms `civil action' and `criminal prosecution'
include any proceeding (whether or not ancillary to another
proceeding) to the extent that in such proceeding a judicial
order, including a subpoena for testimony or documents, is
sought or issued. If removal is sought for a proceeding
described in the previous sentence, and there is no other basis
for removal, only that proceeding may be removed to the district
court.
``(2) The term `crime of violence' has the meaning given
that term in section 16 of title 18.
``(3) The term `law enforcement officer' means any employee
described in subparagraph (A), (B), or (C) of section 8401(17)
of title 5 and any special agent in the Diplomatic Security
Service of the Department of State.
``(4) The term `serious bodily injury' has the meaning given
that term in section 1365 of title 18.
``(5) The term `State' includes the District of Columbia,
United States territories and insular possessions, and Indian
country (as defined in section 1151 of title 18).
``(6) The term `State court' includes the Superior Court of
the District of Columbia, a court of a United States territory
or insular possession, and a tribal court.''.
SEC. 1088. TRANSPORT FOR FEMALE GENITAL MUTILATION.
Section 116 of title 18, United States Code, is amended by adding at
the end the following:
``(d) <<NOTE: Penalty.>> Whoever knowingly transports from the
United States and its territories a person in foreign commerce for the
purpose of conduct with regard to that person that would be a violation
of subsection (a) if the conduct occurred within the United States, or
attempts to do so, shall be fined under this title or imprisoned not
more than 5 years, or both.''.
SEC. 1089. AMENDMENTS TO LAW ENFORCEMENT OFFICER SAFETY PROVISIONS
OF TITLE 18.
Chapter 44 of title 18, United States Code, is amended--
(1) in section 926B--
(A) in subsection (c)(1), by inserting ``or
apprehension under section 807(b) of title 10, United
States Code (article 7(b) of the Uniform Code of
Military Justice)'' after ``arrest'';
(B) in subsection (d), by striking ``as a law
enforcement officer'' and inserting ``that identifies
the employee as a police officer or law enforcement
officer of the agency''; and
[[Page 126 STAT. 1971]]
(C) in subsection (f), by inserting ``or
apprehension under section 807(b) of title 10, United
States Code (article 7(b) of the Uniform Code of
Military Justice)'' after ``arrest''; and
(2) in section 926C--
(A) in subsection (c)(2), by inserting ``or
apprehension under section 807(b) of title 10, United
States Code (article 7(b) of the Uniform Code of
Military Justice)'' after ``arrest''; and
(B) in subsection (d)--
(i) in paragraph (1), by striking ``that
indicates'' and inserting ``that identifies the
person as having been employed as a police officer
or law enforcement officer and indicates''; and
(ii) in paragraph (2)(A), by inserting ``that
identifies the person as having been employed as a
police officer or law enforcement officer'' after
``officer''.
SEC. 1090. REAUTHORIZATION OF SALE OF AIRCRAFT AND PARTS FOR
WILDFIRE SUPPRESSION PURPOSES.
Section 2 of the Wildfire Suppression Aircraft Transfer Act of 1996
(10 U.S.C. 2576 note) is amended--
(1) in subsection (a), by striking ``during the period
beginning on October 1, 1996, and ending on September 30, 2005''
and inserting ``during a period specified in subsection (g)'';
(2) by redesignating subsection (g) as subsection (h); and
(3) by inserting after subsection (f) the following new
subsection (g):
``(g) Periods for Exercise of Authority.--The periods specified in
this subsection are the following:
``(1) The period beginning on October 1, 1996, and ending on
September 30, 2005.
``(2) The period beginning on October 1, 2012, and ending on
September 30, 2017.''.
SEC. 1091. <<NOTE: 10 USC 2576 note.>> TRANSFER OF EXCESS
AIRCRAFT TO OTHER DEPARTMENTS OF THE
FEDERAL GOVERNMENT.
(a) Transfer.--The Secretary of Defense may transfer excess aircraft
specified in subsection (b) to the Secretary of Agriculture and the
Secretary of Homeland Security for use by the Forest Service and the
United States Coast Guard. The transfer of any excess aircraft under
this subsection shall be without reimbursement.
(b) Aircraft.--The aircraft transferred under subsection (a) are
aircraft of the Department of Defense that are--
(1) identified by the Forest Service or the United States
Coast Guard as a suitable platform to carry out their respective
missions;
(2) excess to the needs of the Department of Defense, as
determined by the Secretary of Defense;
(3) in the case of aircraft to be transferred to the
Secretary of Agriculture, acceptable for use by the Forest
Service, as determined by the Secretary of Agriculture; and
(4) in the case of aircraft to be transferred to the
Secretary of Homeland Security, acceptable for use by the United
States Coast Guard, as determined by the Secretary of Homeland
Security.
(c) Limitation on Number.--
[[Page 126 STAT. 1972]]
(1) Limitation.--Except as provided in paragraph (2), the
number of aircraft that may be transferred under subsection (a)
to each of the Secretary of Agriculture and the Secretary of
Homeland Security may not exceed seven aircraft for each agency.
(2) Termination of limitation after official notice of
intent to accept or decline seven aircraft.--The limitation in
paragraph (1) on the number of aircraft transferrable under
subsection (a) shall cease upon official notice to the Secretary
of Defense, from the Secretary of Agriculture, and the Secretary
of Homeland Security that the Secretary's respective department
will decline or accept seven aircraft.
(d) Order of Transfers.--
(1) Rights of refusal.--In implementing the transfers
authorized by subsection (a), the Secretary of Defense shall
afford the Secretary of Agriculture the right of first refusal
and the Secretary of Homeland Security the second right of
refusal in the transfer to each department by the Secretary of
Defense of up to seven excess aircraft specified in subsection
(b) before the transfer of such excess aircraft is offered to
any other department or agency of the Federal Government.
(2) Expiration of right of first refusal.--The right of
first refusal afforded the Secretary of Agriculture by paragraph
(1) shall expire upon official notice of the Secretary to the
Secretary of Defense under subsection (c)(2).
(e) Conditions of Certain Transfers.--Excess aircraft transferred to
the Secretary of Agriculture under subsection (a)--
(1) may be used only for wildfire suppression purposes; and
(2) may not be flown or otherwise removed from the United
States unless dispatched by the National Interagency Fire Center
in support of an international agreement to assist in wildfire
suppression efforts or for other purposes approved by the
Secretary of Agriculture in writing in advance.
(f) Additional Limitation.--Excess aircraft transferred under
subsection (a) may not be sold by the Secretary of Agriculture or the
Secretary of Homeland Security after transfer.
(g) Costs After Transfer.--Any costs of operation, maintenance,
sustainment, and disposal of excess aircraft transferred under
subsection (a) after the date of transfer shall be borne by the
Secretary of Agriculture and the Secretary of Homeland Security, as
applicable.
TITLE XI--CIVILIAN PERSONNEL MATTERS
Sec. 1101. One-year extension of authority to waive annual limitation on
premium pay and aggregate limitation on pay for Federal
civilian employees working overseas.
Sec. 1102. Expansion of experimental personnel program for scientific
and technical personnel at the Defense Advanced Research
Projects Agency.
Sec. 1103. Extension of authority to fill shortage category positions
for certain Federal acquisition positions for civilian
agencies.
Sec. 1104. One-year extension of discretionary authority to grant
allowances, benefits, and gratuities to personnel on official
duty in a combat zone.
Sec. 1105. Policy on senior mentors.
Sec. 1106. Authority to pay for the transport of family household pets
for Federal employees during certain evacuation operations.
Sec. 1107. Interagency personnel rotations.
[[Page 126 STAT. 1973]]
SEC. 1101. ONE-YEAR EXTENSION OF AUTHORITY TO WAIVE ANNUAL
LIMITATION ON PREMIUM PAY AND AGGREGATE
LIMITATION ON PAY FOR FEDERAL CIVILIAN
EMPLOYEES WORKING OVERSEAS.
Effective <<NOTE: Effective date.>> January 1, 2013, section
1101(a) of the Duncan Hunter National Defense Authorization Act for
Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4615), as most recently
amended by section 1104 of the National Defense Authorization Act for
Fiscal Year 2012 (Public Law 112-81; 125 Stat. 1612), is further amended
by striking ``through 2012'' and inserting ``through 2013''.
SEC. 1102. EXPANSION OF EXPERIMENTAL PERSONNEL PROGRAM FOR
SCIENTIFIC AND TECHNICAL PERSONNEL AT
THE DEFENSE ADVANCED RESEARCH PROJECTS
AGENCY.
(a) Expansion.--Section 1101(b)(1)(A) of the Strom Thurmond National
Defense Authorization Act for Fiscal Year 1999 (5 U.S.C. 3104 note) is
amended by striking ``40'' and inserting ``60''.
(b) <<NOTE: 5 USC 3104 note.>> Construction.--The amendment made by
subsection (a) shall not be construed as affecting any applicable
authorization or delimitation of the numbers of personnel that may be
employed at the Defense Advanced Research Projects Agency.
SEC. 1103. EXTENSION OF AUTHORITY TO FILL SHORTAGE CATEGORY
POSITIONS FOR CERTAIN FEDERAL
ACQUISITION POSITIONS FOR CIVILIAN
AGENCIES.
Section 1703(j)(2) of title 41, United States Code, is amended by
striking ``September 30, 2012'' and inserting ``September 30, 2017''.
SEC. 1104. ONE-YEAR EXTENSION OF DISCRETIONARY AUTHORITY TO GRANT
ALLOWANCES, BENEFITS, AND GRATUITIES TO
PERSONNEL ON OFFICIAL DUTY IN A COMBAT
ZONE.
Paragraph (2) of section 1603(a) of the Emergency Supplemental
Appropriations Act for Defense, the Global War on Terror, and Hurricane
Recovery, 2006 (Public Law 109-234; 120 Stat. 443), as added by section
1102 of the Duncan Hunter National Defense Authorization Act for Fiscal
Year 2009 (Public Law 110-417; 122 Stat. 4616) and amended by section
1112 of the National Defense Authorization Act for Fiscal Year 2012
(Public Law 112-81; 125 Stat. 1616), is further amended by striking
``2013'' and inserting ``2014''.
SEC. 1105. <<NOTE: 5 USC 9903 note.>> POLICY ON SENIOR MENTORS.
(a) <<NOTE: Notice. Time period.>> In General.--The Secretary of
Defense shall provide written notice to the congressional defense
committees at least 60 days before implementing any change in the policy
regarding senior mentors issued on or about April 1, 2010.
(b) Applicability.--Changes implemented before the date of the
enactment of this Act shall not be affected by this section.
SEC. 1106. AUTHORITY TO PAY FOR THE TRANSPORT OF FAMILY HOUSEHOLD
PETS FOR FEDERAL EMPLOYEES DURING
CERTAIN EVACUATION OPERATIONS.
Section 5725 of title 5, United States Code, is amended--
(1) in subsection (a), in the matter following paragraph
(2), by striking ``and personal effects,'' and inserting ``,
personal effects, and family household pets,''; and
(2) by adding at the end the following:
[[Page 126 STAT. 1974]]
``(c)(1) The expenses authorized under subsection (a) shall, with
respect to the transport of family household pets, include the expenses
for the shipment of and the payment of any quarantine costs for such
pets.
``(2) Any payment or reimbursement under this section in connection
with the transport of family household pets shall be subject to terms
and conditions which--
``(A) the head of the agency shall by regulation prescribe;
and
``(B) shall, to the extent practicable, be the same as would
apply under regulations prescribed under section
476(b)(1)(H)(iii) of title 37 in connection with the transport
of family household pets of members of the uniformed services,
including regulations relating to the types, size, and number of
pets for which such payment or reimbursement may be provided.''.
SEC. 1107. <<NOTE: 5 USC prec. 101 note.>> INTERAGENCY PERSONNEL
ROTATIONS.
(a) Finding and Purpose.--
(1) Finding.--Congress finds that the national security and
homeland security challenges of the 21st century require that
executive branch personnel use a whole-of-Government approach in
order for the United States Government to operate in the most
effective and efficient manner.
(2) Purpose.--The purpose of this section is to increase the
efficiency and effectiveness of the Government by fostering
greater interagency experience among executive branch personnel
on national security and homeland security matters involving
more than 1 agency.
(b) Committee on National Security Personnel.--
(1) Establishment.--There is established a Committee on
National Security Personnel within the Executive Office of the
President.
(2) Membership.--The members of the Committee shall
include--
(A) designees of the Director of the Office of
Management and Budget, the Director of the Office of
Personnel Management, the Assistant to the President for
National Security Affairs, the Secretary of Defense, the
Secretary of State, and the Secretary of Homeland
Security (1 member to be designated by each); and
(B) such other members as the President shall
designate.
(c) Program Established.--
(1) <<NOTE: Deadline. Policies. Processes. Procedures.>>
Not later than 270 days after the date of the enactment of this
Act, the Committee on National Security Personnel, in
consultation with representatives of such other agencies as the
Committee determines to be appropriate, shall develop and issue
a National Security Human Capital Strategy providing policies,
processes, and procedures for a program for the interagency
rotation of personnel among positions within National Security
Interagency Communities of Interest.
(2) The strategy required by paragraph (1) shall, at a
minimum--
(A) identify specific Interagency Communities of
Interest for the purpose of carrying out the program;
[[Page 126 STAT. 1975]]
(B) designate agencies to be included or excluded
from the program;
(C) define categories of positions to be covered by
the program;
(D) establish processes by which the heads of
relevant agencies may identify--
(i) positions in Interagency Communities of
Interest that are available for rotation under the
program; and
(ii) individual employees who are available to
participate in rotational assignments under the
program; and
(E) promulgate procedures for the program,
including--
(i) any minimum or maximum periods of service
for participation in the program;
(ii) any training and education requirements
associated with participation in the program;
(iii) any prerequisites or requirements for
participation in the program; and
(iv) appropriate performance measures,
reporting requirements, and other accountability
devices for the evaluation of the program.
(d) Program Requirements.--The policies, processes, and procedures
established pursuant to subsection (c) shall, at a minimum, provide
that--
(1) during each of the first 4 fiscal years after the fiscal
year in which this Act is enacted--
(A) the interagency rotation program shall be
carried out in at least 2 Interagency Communities of
Interest, of which 1 shall be an Interagency Community
of Interest for emergency management and 1 shall be an
Interagency Community of Interest for stabilization and
reconstruction; and
(B) not fewer than 20 employees in the executive
branch of the Government shall be assigned to
participate in the interagency personnel rotation
program;
(2) an employee's participation in the interagency rotation
program shall require the consent of the head of the agency and
shall be voluntary on the part of the employee;
(3) employees selected to perform interagency rotational
service are selected in a fully open and competitive manner that
is consistent with the merit system principles set forth in
paragraphs (1) and (2) of section 2301(b) of title 5, United
States Code, unless the Interagency Community of Interest
position is otherwise exempt under another provision of law;
(4) an employee performing service in a position in another
agency pursuant to the program established under this section
shall be entitled to return, within a reasonable period of time
after the end of the period of service, to the position held by
the employee, or a corresponding or higher position, in his or
her employing agency;
(5) an employee performing interagency rotational service
shall have all the rights that would be available to the
employee if the employee were detailed or assigned under a
provision of law other than this section from the agency
employing the employee to the agency in which the position in
which the employee is serving is located; and
[[Page 126 STAT. 1976]]
(6) an employee participating in the program shall receive
performance evaluations from officials in his or her employing
agency that are based on input from the supervisors of the
employee during his or her service in the program that are based
primarily on the contribution of the employee to the work of the
agency in which the employee performed such service, and these
performance evaluations shall be provided the same weight in the
receipt of promotions and other rewards by the employee from the
employing agency as performance evaluations for service in the
employing agency.
(e) Selection of Individuals to Fill Senior Positions.--The head of
each agency participating in the program established pursuant to
subsection (c) shall ensure that, in selecting individuals to fill
senior positions within an Interagency Community of Interest, the agency
gives a strong preference to individuals who have performed interagency
rotational service within the Interagency Community of Interest pursuant
to such program.
(f) Interagency Community of Interest Defined.--As used in this
section, the term ``National Security Interagency Community of
Interest'' or ``Interagency Community of Interest'' means the positions
in the executive branch of the Government that, as determined by the
Committee on National Security Personnel--
(1) as a group are positions within multiple agencies of the
executive branch of the Government; and
(2) have significant responsibility for the same
substantive, functional, or regional subject area related to
national security or homeland security that requires integration
of the positions and activities in that area across multiple
agencies to ensure that the executive branch of the Government
operates as a single, cohesive enterprise to maximize mission
success and minimize cost.
(g) Report on Performance Measures.--Not later than the end of the
2nd fiscal year after the fiscal year in which this Act is enacted, the
Committee on National Security Personnel shall assess the performance
measures described in subsection (c)(2)(E)(iv) and issue a report to
Congress on the assessment of those performance measures.
(h) <<NOTE: Deadline.>> GAO Review.--Not later than the end of the
2nd fiscal year after the fiscal year in which this Act is enacted, the
Comptroller General of the United States shall submit to Congress a
report assessing the implementation and effectiveness of the interagency
rotation program established pursuant to this section. The report
required by this section shall address, at a minimum--
(1) the extent to which the requirements of this section
have been implemented by the Committee on National Security
Personnel and by national security agencies;
(2) the extent to which national security agencies have
participated in the program established pursuant to this
section, including whether the heads of such agencies have--
(A) identified positions within the agencies that
are National Security Interagency Communities of
Interest and had employees from other agencies serve in
rotational assignments in such positions; and
(B) identified employees who are eligible for
rotational assignments in National Security Interagency
Communities of Interest and had such employees serve in
rotational assignments in other agencies;
[[Page 126 STAT. 1977]]
(3) the extent to which employees serving in rotational
assignments under the program established pursuant to this
section have benefitted from such assignments, including an
assessment of--
(A) the period of service;
(B) the duties performed by the employees during
such service;
(C) the value of the training and experience gained
by participating employees through such service; and
(D) the positions (including grade level) held by
employees before and after completing interagency
rotational service under this section; and
(4) the extent to which interagency rotational service under
this section has improved or is expected to improve interagency
integration and coordination within National Security
Interagency Communities of Interest.
(i) Exclusion.--This section shall not apply to any element of the
intelligence community, as defined in section 3(4) of the National
Security Act of 1947 (50 U.S.C. 401a(4)).
TITLE XII--MATTERS RELATING TO FOREIGN NATIONS
Subtitle A--Assistance and Training
Sec. 1201. Modification and extension of authorities relating to program
to build the capacity of foreign military forces.
Sec. 1202. Extension of authority for non-reciprocal exchanges of
defense personnel between the United States and foreign
countries.
Sec. 1203. Authority to build the capacity of certain counterterrorism
forces in Yemen and East Africa.
Sec. 1204. Limitation on activities under State Partnership Program
pending compliance with certain program-related requirements.
Subtitle B--Matters Relating to Iraq, Afghanistan, and Pakistan
Sec. 1211. Authority to support operations and activities of the Office
of Security Cooperation in Iraq.
Sec. 1212. Report on insider attacks in Afghanistan and their effect on
the United States transition strategy for Afghanistan.
Sec. 1213. United States military support in Afghanistan.
Sec. 1214. Modification of report on progress toward security and
stability in Afghanistan.
Sec. 1215. Independent assessment of the Afghan National Security
Forces.
Sec. 1216. Extension and modification of logistical support for
coalition forces supporting certain United States military
operations.
Sec. 1217. Report on Afghanistan Peace and Reintegration Program.
Sec. 1218. One-year extension of authority to use funds for
reintegration activities in Afghanistan.
Sec. 1219. One-year extension and modification of authority for program
to develop and carry out infrastructure projects in
Afghanistan.
Sec. 1220. Report on updates and modifications to campaign plan for
Afghanistan.
Sec. 1221. Commanders' Emergency Response Program in Afghanistan.
Sec. 1222. Authority to transfer defense articles and provide defense
services to the military and security forces of Afghanistan.
Sec. 1223. Report on efforts to promote the security of Afghan women and
girls during the security transition process.
Sec. 1224. Sense of Congress commending the Enduring Strategic
Partnership Agreement between the United States and
Afghanistan.
Sec. 1225. Consultations with Congress on a bilateral security agreement
with Afghanistan.
Sec. 1226. Completion of transition of United States combat and military
and security operations to the Government of Afghanistan.
Sec. 1227. Extension and modification of authority for reimbursement of
certain coalition nations for support provided to United
States military operations.
[[Page 126 STAT. 1978]]
Sec. 1228. Extension and modification of Pakistan Counterinsurgency
Fund.
Subtitle C--Matters Relating to Iran
Sec. 1231. Report on United States capabilities in relation to China,
North Korea, and Iran.
Sec. 1232. Report on military capabilities of Gulf Cooperation Council
members.
Sec. 1233. Sense of Congress with respect to Iran.
Sec. 1234. Rule of construction.
Subtitle D--Iran Sanctions
Sec. 1241. Short title.
Sec. 1242. Definitions.
Sec. 1243. Sense of Congress relating to violations of human rights by
Iran.
Sec. 1244. Imposition of sanctions with respect to the energy, shipping,
and shipbuilding sectors of Iran.
Sec. 1245. Imposition of sanctions with respect to the sale, supply, or
transfer of certain materials to or from Iran.
Sec. 1246. Imposition of sanctions with respect to the provision of
underwriting services or insurance or reinsurance for
activities or persons with respect to which sanctions have
been imposed.
Sec. 1247. Imposition of sanctions with respect to foreign financial
institutions that facilitate financial transactions on behalf
of specially designated nationals.
Sec. 1248. Impositions of sanctions with respect to the Islamic Republic
of Iran Broadcasting.
Sec. 1249. Imposition of sanctions with respect to persons engaged in
the diversion of goods intended for the people of Iran.
Sec. 1250. Waiver requirement related to exceptional circumstances
preventing significant reductions in crude oil purchases.
Sec. 1251. Statute of limitations for civil actions regarding terrorist
acts.
Sec. 1252. Report on use of certain Iranian seaports by foreign vessels
and use of foreign airports by sanctioned Iranian air
carriers.
Sec. 1253. Implementation; penalties.
Sec. 1254. Applicability to certain natural gas projects.
Sec. 1255. Rule of construction.
Subtitle E--Satellites and Related Items
Sec. 1261. Removal of satellites and related items from the United
States Munitions List.
Sec. 1262. Report on licenses and other authorizations to export certain
satellites and related items.
Sec. 1263. Report on country exemptions for licensing of exports of
certain satellites and related items.
Sec. 1264. End-use monitoring of certain satellites and related items.
Sec. 1265. Interagency review of modifications to Category XV of the
United States Munitions List.
Sec. 1266. Rules of construction.
Sec. 1267. Definitions.
Subtitle F--Other Matters
Sec. 1271. Additional elements in annual report on military and security
developments involving the People's Republic of China.
Sec. 1272. NATO Special Operations Headquarters.
Sec. 1273. Sustainability requirements for certain capital projects in
connection with overseas contingency operations.
Sec. 1274. Administration of the American, British, Canadian, and
Australian Armies' Program.
Sec. 1275. United States participation in Headquarters Eurocorps.
Sec. 1276. Department of Defense participation in European program on
multilateral exchange of air transportation and air refueling
services.
Sec. 1277. Prohibition on use of funds to enter into contracts or
agreements with Rosoboronexport.
Sec. 1278. Sense of Congress on Iron Dome short-range rocket defense
system.
Sec. 1279. Bilateral defense trade relationship with India.
Sec. 1280. United States Advisory Commission on Public Diplomacy.
Sec. 1281. Sense of Congress on sale of aircraft to Taiwan.
Sec. 1282. Briefings on dialogue between the United States and the
Russian Federation on nuclear arms, missile defense systems,
and long-range conventional strike systems.
Sec. 1283. Sense of Congress on efforts to remove or apprehend Joseph
Kony from the battlefield and end the atrocities of the
Lord's Resistance Army.
[[Page 126 STAT. 1979]]
Sec. 1284. Imposition of sanctions with respect to support for the rebel
group known as M23.
Sec. 1285. Pilot program on repair, overhaul, and refurbishment of
defense articles for sale or transfer to eligible foreign
countries and entities.
Sec. 1286. Sense of Congress on the situation in the Senkaku Islands.
Subtitle G--Reports
Sec. 1291. Review and reports on Department of Defense efforts to build
the capacity of and partner with foreign security forces.
Sec. 1292. Additional report on military and security developments
involving the Democratic People's Republic of Korea.
Sec. 1293. Report on host nation support for overseas United States
military installations and United States Armed Forces
deployed in country.
Sec. 1294. Report on military activities to deny or significantly
degrade the use of air power against civilian and opposition
groups in Syria.
Sec. 1295. Report on military assistance provided by Russia to Syria.
Subtitle A--Assistance and Training
SEC. 1201. MODIFICATION AND EXTENSION OF AUTHORITIES RELATING TO
PROGRAM TO BUILD THE CAPACITY OF FOREIGN
MILITARY FORCES.
(a) Inclusion of Small-scale Military Construction Activities Among
Authorized Elements.--
(1) In general.--Subsection (b)(1) of section 1206 of the
National Defense Authorization Act for Fiscal Year 2006 (Public
Law 109-163; 119 Stat. 3457), as amended by section 1206(a) of
the John Warner National Defense Authorization Act for Fiscal
Year 2007 (Public Law 109-364; 120 Stat. 2418), is further
amended by striking ``equipment, supplies, and training'' and
inserting ``equipment, supplies, training, and small-scale
military construction activities''.
(2) Limitation on availability of funds.--Subsection (c) of
section 1206 of the National Defense Authorization Act for
Fiscal Year 2006, as most recently amended by section 1204(a) of
the National Defense Authorization Act for Fiscal Year 2012
(Public Law 112-81; 125 Stat. 1621), is further amended by
adding at the end the following new paragraph:
``(6) Limitation on availability of funds for small-scale
military construction activities.--Of amounts available under
this subsection for the authority in subsection (a) for a fiscal
year--
``(A) not more than $750,000 may be obligated or
expended for small-scale military construction
activities under a program authorized under subsection
(a); and
``(B) not more than $25,000,000 may be obligated or
expended for small-scale military construction
activities under all programs authorized under
subsection (a).''.
(b) Modification of Notice.--Subsection (e)(2) of section 1206 of
the National Defense Authorization Act for Fiscal Year 2006, as amended
by section 1206(a) of the John Warner National Defense Authorization Act
for Fiscal Year 2007, is further amended by adding at the end the
following new subparagraph:
``(D) Detailed information (including the amount and
purpose) on the assistance provided the country during
the three preceding fiscal years under each of the
following programs, accounts, or activities:
``(i) A program under this section.
``(ii) The Foreign Military Financing program
under the Arms Export Control Act.
[[Page 126 STAT. 1980]]
``(iii) Peacekeeping Operations.
``(iv) The International Narcotics Control and
Law Enforcement (INCLE) program under section 481
of the Foreign Assistance Act of 1961 (22 U.S.C.
2291).
``(v) Nonproliferation, Anti-Terrorism,
Demining, and Related Programs (NADR).
``(vi) Counterdrug activities authorized by
section 1004 of the National Defense Authorization
Act for Fiscal Year 1991 (10 U.S.C. 374 note) and
section 1033 of the National Defense Authorization
Act for Fiscal Year 1998.''.
(c) Extension.--
(1) In general.--Subsection (g) of section 1206 of the
National Defense Authorization Act for Fiscal Year 2006, as most
recently amended by section 1204(c) of the National Defense
Authorization Act for Fiscal Year 2012 (125 Stat. 1622), is
further amended--
(A) by striking ``September 30, 2013'' and inserting
``September 30, 2014''; and
(B) by striking ``fiscal years 2006 through 2013''
and inserting ``fiscal years 2006 through 2014''.
(2) Temporary limitation on amount for capacity for
participation in or support of military and stability
operations.--Subsection (c)(5) of section 1206 of the National
Defense Authorization Act for Fiscal Year 2006, as most recently
amended by section 1204(a) of the National Defense Authorization
Act for Fiscal Year 2012, is further amended by striking
``fiscal years 2102 and 2013'' and inserting ``fiscal years
2012, 2013, and 2014''.
(d) <<NOTE: Applicability.>> Effective Date.--The amendments made
by this section shall take effect on the date of the enactment of this
Act, and shall apply with respect to any country in which activities are
initiated under section 1206 of the National Defense Authorization Act
for Fiscal Year 2006 on or after that date.
SEC. 1202. EXTENSION OF AUTHORITY FOR NON-RECIPROCAL EXCHANGES OF
DEFENSE PERSONNEL BETWEEN THE UNITED
STATES AND FOREIGN COUNTRIES.
Section 1207(f) of the National Defense Authorization Act for Fiscal
Year 2010 (Public Law 111-84; 123 Stat. 2514; 10 U.S.C. 168 note) is
amended by striking ``September 30, 2012'' and inserting ``September 30,
2016''.
SEC. 1203. AUTHORITY TO BUILD THE CAPACITY OF CERTAIN
COUNTERTERRORISM FORCES IN YEMEN AND
EAST AFRICA.
(a) Authority.--The Secretary of Defense may, with the concurrence
of the Secretary of State, provide assistance as follows:
(1) To enhance the ability of the Yemen Ministry of Interior
Counter Terrorism Forces to conduct counterterrorism operations
against al Qaeda in the Arabian Peninsula and its affiliates.
(2) To enhance the capacity of the national military forces,
security agencies serving a similar defense function, other
counterterrorism forces, and border security forces of Djibouti,
Ethiopia, and Kenya to conduct counterterrorism operations
against al Qaeda, al Qaeda affiliates, and al Shabaab.
[[Page 126 STAT. 1981]]
(3) To enhance the capacity of national military forces
participating in the African Union Mission in Somalia to conduct
counterterrorism operations against al Qaeda, al Qaeda
affiliates, and al Shabaab.
(b) Types of Assistance.--
(1) Authorized elements.--Assistance under subsection (a)
may include the provision of equipment, supplies, training, and
minor military construction.
(2) Required elements.--Assistance under subsection (a)
shall be provided in a manner that promotes--
(A) observance of and respect for human rights and
fundamental freedoms; and
(B) respect for legitimate civilian authority in the
country receiving such assistance.
(3) Assistance otherwise prohibited by law.--The Secretary
of Defense may not use the authority in subsection (a) to
provide any type of assistance described in this subsection that
is otherwise prohibited by any other provision of law.
(4) Limitations on minor military construction.--The total
amount that may be obligated and expended on minor military
construction under subsection (a) in any fiscal year may not
exceed amounts as follows:
(A) In the case of minor military construction under
paragraph (1) of subsection (a), $10,000,000.
(B) In the case of minor military construction under
paragraphs (2) and (3) of subsection (a), $10,000,000.
(c) Funding.--
(1) In general.--Of the amount authorized to be appropriated
for a fiscal year for the Department of Defense for operation
and maintenance--
(A) not more than $75,000,000 may be used to provide
assistance under paragraph (1) of subsection (a); and
(B) not more than $75,000,000 may used to provide
assistance under paragraphs (2) and (3) of subsection
(a).
(2) Availability of funds for assistance across fiscal
years.--Amounts available under this subsection for the
authority in subsection (a) for a fiscal year may be used for
assistance under that authority that begins in such fiscal year
but ends in the next fiscal year.
(d) Notice to Congress.--
(1) <<NOTE: Deadline.>> In general.--Not later than 30 days
before providing assistance under subsection (a), the Secretary
of Defense shall submit to the committees of Congress specified
in paragraph (2) a notice setting forth the assistance to be
provided, including the types of such assistance, the budget for
such assistance, and the completion date for the provision of
such assistance.
(2) Committees of congress.--The committees of Congress
specified in this paragraph are--
(A) the Committee on Armed Services, the Committee
on Foreign Relations, and the Committee on
Appropriations of the Senate; and
(B) the Committee on Armed Services, the Committee
on Foreign Affairs, and the Committee on Appropriations
of the House of Representatives.
(e) Expiration.--Except as provided in subsection (c)(2), the
authority provided under subsection (a) may not be exercised after the
earlier of--
[[Page 126 STAT. 1982]]
(1) the date on which the Global Security Contingency Fund
achieves full operational capability; or
(2) September 30, 2014.
SEC. 1204. LIMITATION ON ACTIVITIES UNDER STATE PARTNERSHIP
PROGRAM PENDING COMPLIANCE WITH CERTAIN
PROGRAM-RELATED REQUIREMENTS.
(a) <<NOTE: Deadline. 32 USC 107 note.>> Limitation.--If both
requirements specified in subsection (b) are not met as of February 28,
2013, no activities may be carried out under the State Partnership
Program after that date until both requirements are met.
(b) Requirements.--The requirements specified in this subsection are
the following:
(1) <<NOTE: Regulations.>> The requirement for the
Secretary of Defense to submit to the appropriate congressional
committees the final regulations required by subsection (a) of
section 1210 of the National Defense Authorization Act for
Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2517; 32 U.S.C.
107 note).
(2) <<NOTE: Certification.>> A requirement for the
Secretary of Defense to certify to the appropriate congressional
committees that appropriate modifications have been made, and
appropriate controls have been instituted, to ensure the
compliance of the Program with section 1341 of title 31, United
States Code (commonly referred to as the ``Anti-Deficiency
Act''), in the future.
(c) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' has the meaning given
that term in subsection (d) of section 1210 of the National Defense
Authorization Act for Fiscal Year 2010.
Subtitle B--Matters Relating to Iraq, Afghanistan, and Pakistan
SEC. 1211. AUTHORITY TO SUPPORT OPERATIONS AND ACTIVITIES OF THE
OFFICE OF SECURITY COOPERATION IN IRAQ.
(a) Limitation on Amount.--Subsection (c) of section 1215 of the
National Defense Authorization Act for Fiscal Year 2012 (Public Law 112-
81; 125 Stat. 1631) is <<NOTE: 10 USC 113 note.>> amended by inserting
at the end before the period the following: ``and in fiscal year 2013
may not exceed $508,000,000''.
(b) Source of Funds.--Subsection (d) of such section is amended--
(1) by inserting ``or fiscal year 2013'' after ``fiscal year
2012''; and
(2) by striking ``that fiscal year'' and inserting ``fiscal
year 2012 or 2013, as the case may be,''.
(c) Additional Authority for the Activities of the Office of
Security Cooperation in Iraq.--Such section is further amended--
(1) by redesignating subsection (f) as subsection (g); and
(2) by inserting after subsection (e) the following new
subsection (f):
``(f) Additional Authority for Activities of OSCI.--During fiscal
year 2013, the Secretary of Defense, with the concurrence of the
Secretary of State, may authorize the Office of Security Cooperation in
Iraq to conduct non-operational training activities in support of Iraqi
Ministry of Defense and Counter Terrorism
[[Page 126 STAT. 1983]]
Service personnel in an institutional environment to address capability
gaps, integrate processes relating to intelligence, air sovereignty,
combined arms, logistics and maintenance, and to manage and integrate
defense-related institutions.''.
(d) Report.--
(1) In general.--Not later than 120 days after the date of
the enactment of this Act, the Secretary of Defense, in
consultation with the Secretary of State, shall submit to the
appropriate congressional committees a report on the activities
of the Office of Security Cooperation in Iraq.
(2) Matters to be included.--The report shall include the
following:
(A) A description, in unclassified form (but with a
classified annex if appropriate), of any capability gaps
in the security forces of Iraq, including capability
gaps relating to intelligence matters, protection of
Iraq airspace, and logistics and maintenance.
(B) A description of the extent, if any, to which
the programs of the Office of Security Cooperation in
Iraq, in conjunction with other United States programs
such as the Foreign Military Financing program, the
Foreign Military Sales program, and joint training
exercises, will address the capability gaps described in
subparagraph (A) if the Government of Iraq requests
assistance in addressing such capability gaps.
(C) A detailed discussion of the current manpower,
budget, and authorities of the Office of Security
Cooperation in Iraq.
(D) A detailed plan for the transition of the costs
of the activities of the Office of Security Cooperation
in Iraq to Foreign Military Sales case funding by
September 30, 2014, and a detailed description of the
planned manpower, budget, and authorities of the Office
to implement such a plan.
(E) A description of existing authorities available
to be used to cover the costs of training the Iraqi
Security Forces, including a list of specific training
activities and number of associated personnel that the
Secretary of Defense determines cannot be conducted
under any existing authority not provided by this
section.
(F) A description of those measures of effectiveness
that will be used to evaluate the activities of the
Office of Security Cooperation in Iraq and a discussion
of the process that will use those measures of
effectiveness to make determinations if specific
activities of the Office should be expanded, altered, or
terminated.
(3) <<NOTE: Deadline. Consultation.>> Update required.--Not
later than September 30, 2013, the Secretary of Defense, in
consultation with the Secretary of State, shall submit to the
appropriate congressional committees an update of the report
required by paragraph (1), including a description of any
changes to any specific element or process described in
subparagraphs (A) through (F) of paragraph (2).
(4) Definition.--In this subsection, the term ``appropriate
congressional committees'' means--
(A) the congressional defense committees; and
[[Page 126 STAT. 1984]]
(B) the Committee on Foreign Relations of the Senate
and the Committee on Foreign Affairs of the House of
Representatives.
SEC. 1212. REPORT ON INSIDER ATTACKS IN AFGHANISTAN AND THEIR
EFFECT ON THE UNITED STATES TRANSITION
STRATEGY FOR AFGHANISTAN.
(a) Sense of Congress.--It is the sense of Congress that--
(1) to the maximum extent possible and consistent with the
commander's professional judgment and the requirements of the
mission, the United States military should conduct local force
protection for its troops on bases where such troops are
garrisoned or housed in Afghanistan;
(2) the increase in attacks and associated threats by
Afghanistan National Security Forces personnel, Afghanistan
National Security Forces impersonators, and private security
contractors against United States, Afghanistan, and coalition
military and civilian personnel raises concerns about the force
protection for United States troops in Afghanistan and the
procedures for screening, vetting, and monitoring Afghanistan
National Security Forces personnel and Afghan Public Protection
Force personnel;
(3) the Department of Defense and the Government of
Afghanistan are making efforts to address the threat of such
attacks and associated threats, but continued leadership will be
required; and
(4) the North Atlantic Treaty Organization/International
Security Assistance Force and the Government of Afghanistan
should establish a program to continue to enhance vetting of
Afghanistan National Security Forces and Afghan Public
Protection Force recruits, to monitor the Afghanistan National
Security Forces and the Afghan Public Protection Force
personnel, and to re-assess Afghanistan National Security Forces
and Afghan Public Protection Force personnel as required.
(b) Report.--Not later than 90 days after the date of the enactment
of this Act, the Secretary of Defense shall, in consultation with the
Secretary of State and the Commander of North Atlantic Treaty
Organization/International Security Assistance Force forces in
Afghanistan, submit to Congress a report on the attacks and associated
threats by Afghanistan National Security Forces personnel, Afghanistan
National Security Forces impersonators, Afghan Public Protection Force
personnel, Afghan Public Protection Force impersonators, and private
security contractors against United States, Afghanistan, and coalition
military and civilian personnel (``insider attacks'') in Afghanistan,
and the effect of these attacks on the overall transition strategy in
Afghanistan.
(c) Elements.--The report required by subsection (b) shall include
the following:
(1) A description of the nature and proximate causes of the
attacks described in subsection (b), including the following:
(A) An estimate of the number of such attacks on
United States, Afghanistan, and coalition military
personnel since January 1, 2007.
(B) An estimate of the number of United States,
Afghanistan, and coalition personnel killed or wounded
in such attacks.
[[Page 126 STAT. 1985]]
(C) The circumstances or conditions that may have
influenced such attacks.
(D) An assessment of the threat posed by
infiltration, and a best assessment of the extent of
infiltration by insurgents into the Afghanistan National
Security Forces and the Afghan Public Protection Force.
(E) A description of trends in the prevalence of
such attacks, including where such attacks occur, the
political and ethnic affiliation of attackers, and the
targets of attackers.
(2) A description of the restrictions and other actions
taken by the United States and North Atlantic Treaty
Organization/International Security Assistance Force forces to
protect military and civilian personnel from future insider
attacks, including measures in predeployment training.
(3) A description of the actions taken by the Government of
Afghanistan to prevent and respond to insider attacks, including
improved vetting practices.
(4) A description of the insider threat-related factors that
will influence the size and scope of the post-2014 training
mission for the Afghanistan National Security Forces.
(5) An assessment of the impact of the insider attacks in
Afghanistan in 2012 on the overall transition strategy in
Afghanistan and its prospects for success, including an
assessment how such insider attacks impact--
(A) partner operations between North Atlantic Treaty
Organization/International Security Assistance Force
forces and Afghanistan National Security Forces;
(B) training programs for the Afghanistan National
Security Forces, including proposed training plans to be
executed during the post-2014 training mission for the
Afghanistan National Security Forces;
(C) United States Special Forces training of the
Afghan Local Police and its integration into the
Afghanistan National Security Forces; and
(D) the willingness of North Atlantic Treaty
Organization/International Security Assistance Force
allies to maintain forces in Afghanistan or commit to
the post-2014 training mission for the Afghanistan
National Security Forces.
(6) An assessment of the impact that a reduction in training
and partnering would have on the independent capabilities of the
Afghanistan National Security Forces, and whether the training
of the Afghanistan National Security Forces should remain a key
component of the United States and North Atlantic Treaty
Organization strategy in Afghanistan.
(d) Additional Reports.--The Secretary of Defense shall submit to
the congressional defense committees a semi-annual update to the report
required under subsection (b) through December 31, 2014. The additional
reports required by this subsection may be submitted in the report
required by section 1230 of the National Defense Authorization Act for
Fiscal Year 2008 (Public Law 110-181; 122 Stat. 385), as most recently
amended by section 1218(a) of the National Defense Authorization Act for
Fiscal Year 2012 (Public Law 112-81; 125 Stat. 1632).
(e) Unclassified Executive Summary.--The report submitted under
subsection (b) and the semi-annual update to the report
[[Page 126 STAT. 1986]]
submitted under subsection (d) shall include an executive summary of the
contents of the report in unclassified form.
SEC. 1213. UNITED STATES MILITARY SUPPORT IN AFGHANISTAN.
(a) Notification.--The Secretary of Defense shall notify the
congressional defense committees of any decision of the President to
change force levels of United States Armed Forces deployed in
Afghanistan.
(b) <<NOTE: Deadline. President. Assessment.>> Submittal
Required.--Not later than 30 days after a decision by the President to
change the force levels of United States Armed Forces deployed in
Afghanistan, the Chairman of the Joint Chiefs of Staff shall, through
the Secretary of Defense, submit to the congressional defense committees
a detailed assessment of the risk to the United States mission and
interests in Afghanistan as the change in levels is implemented.
(c) Elements.--The risk assessment under subsection (b) on a change
in force levels of United States Armed Forces in Afghanistan shall
include the following:
(1) A description of the current security situation in
Afghanistan.
(2) A description of any anticipated changes to United
States military operations and objectives in Afghanistan
associated with such change in force levels.
(3) An identification and assessment of any changes in
United States military capabilities, including manpower,
logistics, intelligence, and mobility support, in Afghanistan
associated with such change in force levels.
(4) An identification and assessment of the risk associated
with any changes in United States mission, military
capabilities, operations, and objectives in Afghanistan
associated with such change in force levels.
(5) An identification and assessment of any capability gaps
within the Afghanistan security forces that will impact their
ability to conduct operations following such change in force
levels.
(6) An identification and assessment of the risk associated
with the transition of combat responsibilities to the
Afghanistan security forces following such change in force
levels.
(7) An assessment of the impact of such change in force
levels on coalition military contributions to the mission in
Afghanistan.
(8) A description of the assumptions to be in force
regarding the security situation in Afghanistan following such
change in force levels.
(9) Such other matters regarding such change in force levels
as the Chairman considers appropriate.
(d) Termination.--The requirement to notify the congressional
defense committees under subsection (a) shall terminate on December 31,
2014.
SEC. 1214. MODIFICATION OF REPORT ON PROGRESS TOWARD SECURITY AND
STABILITY IN AFGHANISTAN.
(a) In General.--Section 1230 of the National Defense Authorization
Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 385), as most
recently amended by section 1218(a) of the National Defense
Authorization Act for Fiscal Year 2012 (Public Law 112-81; 125 Stat.
1632), is further amended--
[[Page 126 STAT. 1987]]
(1) by redesignating subsections (e), (f), and (g) as
subsections (f), (g), and (h), respectively; and
(2) by inserting after subsection (d) the following:
``(e) Additional Matters to Be Included on Afghanistan National
Security Forces.--In reporting on performance indicators and measures of
progress required under subsection (d)(2)(D), the report required under
subsection (a) shall assess the following:
``(1) For overall Afghanistan National Security Forces
(ANSF):
``(A) A description of the professionalization of
the Afghan National Army (ANA) and Afghan National
Police (ANP), including literacy, training benchmarks,
and vetting outcomes.
``(B) An assessment of the ANA and the ANP
interaction with the Afghan civilian population and
respect for human rights.
``(C) An outline of United States contributions for
the current fiscal year and one-year projected fiscal
year and pledges for contributions by other countries.
``(D) The percentage of officer corps and
noncommissioned officer corps personnel as compared to
end-strength requirements.
``(2) For logistics:
``(A) An assessment of the ANA and ANP logistics
system, including a discussion of critical supply
shortfalls and challenges associated with filling supply
requests.
``(B) A description of the logistical capacity of
the ANA and ANP and how operations are sustained in the
areas in which the ANA and ANP are transitioned and in
areas in which the ANA and the ANP are in pre-transition
stages.
``(3) For transition:
``(A) An assessment, by province, of the security
situation and capability of ANSF in those areas that
have been transitioned to an Afghan security lead, to
include a description of the transition stages for each
such province and readiness ratings for the ANSF in each
such province.
``(B) An assessment, by province, of the security
situation and capability of ANSF in pre-transition
areas, to include readiness ratings.
``(C) A description of how security force assistance
teams and security force assistance brigades will be
integrated into ANSF units.
``(4) For preparation for the 2014 elections: The steps
taken by the United States, ISAF, and the Government of
Afghanistan to carry out the following:
``(A) Identify and train a sufficient number of the
ANSF, to include female members of the ANSF.
``(B) Provide for the security of the elections,
including security of polling places, election workers,
election materials, and such other locations and
personnel as may be necessary to safely carry out the
elections, including participation of women.
``(C) Assist with ensuring that election workers and
materials can be safely and securely transported in
Afghanistan as may be required.
``(5) For partnership and assistance activities:
[[Page 126 STAT. 1988]]
``(A) A discussion of ongoing partnership activities
in Afghanistan, including partnership activities as part
of major operations and efforts, and including metrics
used to measure the quantity of ongoing partnership
activities and changes to how partnership activities are
conducted that affect significant numbers of United
States Armed Forces, ISAF, or Afghan units and the
reasons for any such change.
``(B) A discussion of any transition from
partnership activities conducted by United States Armed
Forces or other international units with Afghan forces
to the use of security force assistance teams or
security force assistance brigades, including the
reasons for such transition, advantages or drawbacks of
such transition, and other information which may be
pertinent.
``(C) The number of security force assistance teams
and security force assistance brigades in Afghanistan,
including the number of such teams and brigades provided
by other members of ISAF, the number of such teams and
brigades that are assisting each component of ANSF, and
any unmet requirements for such teams and brigades.''.
(b) <<NOTE: Applicability.>> Effective Date.--The amendments made
this section apply with respect to any report required to be submitted
under section 1230 of the National Defense Authorization Act for Fiscal
Year 2008 (Public Law 110-181; 122 Stat. 385) on or after the date of
the enactment of this Act.
SEC. 1215. INDEPENDENT ASSESSMENT OF THE AFGHAN NATIONAL SECURITY
FORCES.
(a) Independent Assessment Required.--The Secretary of Defense shall
provide for the conduct of an independent assessment of the strength,
force structure, force posture, and capabilities required to make the
Afghan National Security Forces (ANSF) capable of providing security for
their own country so as to prevent Afghanistan from ever again becoming
a safe haven for terrorists that threaten Afghanistan, the region, and
the world.
(b) Conduct of Assessment.--The assessment required by subsection
(a) may, at the election of the Secretary, be conducted by--
(1) a Federally-funded research and development center
(FFRDC); or
(2) an independent, non-governmental institute described in
section 501(c)(3) of the Internal Revenue Code of 1986 and
exempt from tax under section 501(a) of such Code that has
recognized credentials and expertise in national security and
military affairs appropriate for the assessment.
(c) Elements.--The assessment required by subsection (a) shall
include, but not be limited to, the following:
(1) An assessment of the likely internal and regional
security environment for Afghanistan over the next decade,
including challenges and threats to the security and sovereignty
of Afghanistan from state and non-state actors.
(2) An assessment of the strength, force structure, force
posture, and capabilities required to make the Afghan National
Security Forces capable of providing security for their own
country so as to prevent Afghanistan from ever again becoming
[[Page 126 STAT. 1989]]
a safe haven for terrorists that threaten Afghanistan, the
region, and the world.
(3) An assessment of any capability gaps in the Afghan
National Security Forces that are likely to persist after 2014
and that will require continued support from the United States
and its allies.
(4) An assessment whether current proposals for the
resourcing of the Afghan National Security Forces after 2014 are
adequate to establish and maintain long-term security for the
Afghanistan people, and implications of the under-resourcing of
the Afghan National Security Forces for United States national
security interests.
(d) Report.--Not later than one year after the date of the enactment
of this Act, the entity selected for the conduct of the assessment
required by subsection (a) shall provide to the Secretary and the
congressional defense committees a report containing its findings as a
result of the assessment. The report shall be submitted in unclassified
form, but may include a classified annex.
(e) Funding.--Of the amounts authorized to be appropriated for
fiscal year 2013 by section 301 and available for operation and
maintenance for Defense-wide activities as specified in the funding
table in section 4301, up to $1,000,000 shall be made available for the
assessment required by subsection (a).
(f) Afghan National Security Forces.--For purposes of this section,
the Afghan National Security Forces shall include all forces under the
authority of the Afghan Ministry of Defense and Afghan Ministry of
Interior, including the Afghan National Army, the Afghan National
Police, the Afghan Border Police, the Afghan National Civil Order
Police, and the Afghan Local Police.
SEC. 1216. EXTENSION AND MODIFICATION OF LOGISTICAL SUPPORT FOR
COALITION FORCES SUPPORTING CERTAIN
UNITED STATES MILITARY OPERATIONS.
(a) Extension.--Section 1234 of the National Defense Authorization
Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 394), as most
recently amended by section 1211 of the National Defense Authorization
Act for Fiscal Year 2012 (Public Law 112-81; 125 Stat. 1629)), is
further amended by striking ``fiscal year 2012'' each place it appears
and inserting ``fiscal year 2013''.
(b) Repeal of Authority for Use of Funds in Connection With Iraq.--
(1) In general.--Subsection (a) of such section 1234, as so
amended, is further amended by striking ``Iraq and''.
(2) Conforming amendment.--The heading of such section 1234
is amended by striking ``iraq and''.
SEC. 1217. REPORT ON AFGHANISTAN PEACE AND REINTEGRATION PROGRAM.
(a) Report Required.--Not later than 120 days after the date of the
enactment of this Act, the Secretary of Defense shall, in consultation
with the Secretary of State, submit to the appropriate committees of
Congress a report on the Afghanistan Peace and Reintegration Program
(APRP).
(b) Elements.--The report required by subsection (a) shall include
the following:
(1) A description of the goals and objectives of the
Afghanistan Peace and Reintegration Program.
[[Page 126 STAT. 1990]]
(2) A description of the structure of the Program at the
national and sub-national levels in Afghanistan, including the
number and types of vocational training and other education
programs.
(3) A description of the activities of the Program as of the
date of the report.
(4) A description and assessment of the procedures for
vetting individuals seeking to participate in the Program,
including an assessment of the extent to which biometric
identification systems are used and the role of provincial peace
councils in such procedures.
(5) The amount of funding provided by the United States, and
by the international community, to support the Program, and the
amount of funds so provided that have been distributed as of the
date of the report.
(6) An assessment of the individuals who have been
reintegrated into the Program, set forth in terms as follows:
(A) By geographic distribution by province.
(B) By number of each of low-level insurgent
fighters, mid-level commanders, and senior commanders.
(C) By number confirmed to have been part of the
insurgency.
(D) By number who are currently members of the
Afghan Local Police.
(E) By number who are participating in or have
completed vocational training or other educational
programs as part of the Program.
(7) A description and assessment of the procedures for
monitoring the individuals participating in the Program.
(8) A description and assessment of the role of women and
minority populations in the implementation of the Program.
(9) An assessment of the effectiveness of the activities of
the Program described under paragraph (3) in achieving the goals
and objectives of the Program.
(10) Such recommendations as the Secretary of Defense
considers appropriate for improving the implementation,
oversight, and effectiveness of the Program.
(c) Appropriate Committees of Congress Defined.--In this section,
the term ``appropriate committees of Congress'' means--
(1) the Committee on Armed Services, the Committee on
Foreign Relations, and the Committee on Appropriations of the
Senate; and
(2) the Committee on Armed Services, the Committee on
Foreign Affairs, and the Committee on Appropriations of the
House of Representatives.
SEC. 1218. ONE-YEAR EXTENSION OF AUTHORITY TO USE FUNDS FOR
REINTEGRATION ACTIVITIES IN AFGHANISTAN.
Section 1216 of the Ike Skelton National Defense Authorization Act
for Fiscal Year 2011 (Public Law 111-383; 124 Stat. 4392), as amended by
section 1216 of the National Defense Authorization Act for Fiscal Year
2012 (Public Law 112-81; 125 Stat. 1632), is further amended--
(1) in subsection (a)--
(A) by striking ``$50,000,000'' and inserting
``$35,000,000''; and
[[Page 126 STAT. 1991]]
(B) by striking ``in each of fiscal years 2011 and
2012'' and inserting ``for fiscal year 2013''; and
(2) in subsection (e)--
(A) by striking ``utilize funds'' and inserting
``obligate funds''; and
(B) by striking ``December 31, 2012'' and inserting
``December 31, 2013''.
SEC. 1219. ONE-YEAR EXTENSION AND MODIFICATION OF AUTHORITY FOR
PROGRAM TO DEVELOP AND CARRY OUT
INFRASTRUCTURE PROJECTS IN AFGHANISTAN.
Section 1217(f) of the Ike Skelton National Defense Authorization
Act for Fiscal Year 2011 (Public Law 111-383; 124 Stat. 4393), as
amended by section 1217(a) of the National Defense Authorization Act for
Fiscal Year 2012 <<NOTE: 22 USC 7513 note.>> (Public Law 112-81; 125
Stat. 1632), is further amended--
(1) by striking paragraph (1) and inserting the following
new paragraph (1):
``(1) In general.--Subject to paragraph (2), to carry out
the program authorized under subsection (a), the Secretary of
Defense may use amounts as follows:
``(A) Up to $400,000,000 made available to the
Department of Defense for operation and maintenance for
fiscal year 2012.
``(B) Up to $350,000,000 made available to the
Department of Defense for operation and maintenance for
fiscal year 2013.'';
(2) in paragraph (2)--
(A) by striking ``85 percent'' and inserting ``50
percent'';
(B) by inserting ``for a fiscal year after fiscal
year 2011'' after ``in paragraph (1)''; and
(C) by striking ``fiscal year 2012.'' and inserting
``such fiscal year, including for each project to be
initiated during such fiscal year the following:
``(A) <<NOTE: Estimate.>> An estimate of the
financial and other requirements necessary to sustain
such project on an annual basis after the completion of
such project.
``(B) <<NOTE: Assessment.>> An assessment whether
the Government of Afghanistan is committed to and has
the capacity to maintain and use such project after its
completion.
``(C) A description of any arrangements for the
sustainment of such project following its completion if
the Government of Afghanistan lacks the capacity (in
either financial or human resources) to maintain such
project.''; and
(3) in paragraph (3), by adding at the end the following new
subparagraph:
``(C) In the case of funds for fiscal year 2013,
until September 30, 2014.''.
SEC. 1220. REPORT ON UPDATES AND MODIFICATIONS TO CAMPAIGN PLAN
FOR AFGHANISTAN.
(a) Report Required.--Not later than 180 days after the date on
which any substantial update or modification is made to the campaign
plan for Afghanistan (including the supporting and implementing
documents for such plan), the Comptroller General of
[[Page 126 STAT. 1992]]
the United States shall submit to the congressional defense committees a
report on the updated or modified plan, including an assessment of the
updated or modified plan.
(b) Exception.--The requirement to submit a report under subsection
(a) on any substantial update or modification to the campaign plan for
Afghanistan shall not apply if the Comptroller General--
(1) <<NOTE: Determination.>> determines that a report
submitted to Congress by the Comptroller General before the date
of the enactment of this Act substantially meets the requirement
to submit the report under subsection (a); and
(2) <<NOTE: Notification.>> notifies the congressional
defense committees in writing of the determination under
paragraph (1).
(c) Termination.--The requirement to submit a report under
subsection (a) on any substantial update or modification to the campaign
plan for Afghanistan shall terminate on September 30, 2014.
(d) Repeal of Superseded Requirements.--Section 1226 of the National
Defense Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123
Stat. 2525) is repealed.
SEC. 1221. COMMANDERS' EMERGENCY RESPONSE PROGRAM IN AFGHANISTAN.
(a) One-year Extension.--
(1) In general.--Section 1201 of the National Defense
Authorization Act for Fiscal Year 2012 (Public Law 112-81; 125
Stat. 1619) is amended by striking ``fiscal year 2012'' each
place it appears and inserting ``fiscal year 2013''.
(2) Conforming amendment.--The heading of subsection (a) of
such section is amended by striking ``fiscal Year 2012'' and
inserting ``fiscal Year 2013''.
(b) Amount of Funds Available During Fiscal Year 2013.--Subsection
(a) of such section is further amended by striking ``$400,000,000'' and
inserting ``$200,000,000''.
SEC. 1222. AUTHORITY TO TRANSFER DEFENSE ARTICLES AND PROVIDE
DEFENSE SERVICES TO THE MILITARY AND
SECURITY FORCES OF AFGHANISTAN.
(a) Nonexcess Articles and Related Services.--The Secretary of
Defense may, with the concurrence of the Secretary of State, transfer
nonexcess defense articles from the stocks of the Department of Defense,
without reimbursement from the Government of Afghanistan, and provide
defense services in connection with the transfer of such defense
articles, to the military and security forces of Afghanistan to support
the efforts of those forces to restore and maintain peace and security
in that country.
(b) Limitations.--
(1) Value.--The aggregate replacement value of all defense
articles transferred and defense services provided in connection
with such defense articles under subsection (a) in any fiscal
year may not exceed $250,000,000.
(2) Source of transferred articles.--The authority under
subsection (a) may only be used for defense articles that--
(A) were present in Afghanistan as of the date of
the enactment of this Act;
(B) immediately before transfer were in use to
support operations in Afghanistan; and
[[Page 126 STAT. 1993]]
(C) are no longer required by United States forces
in Afghanistan.
(c) Applicable Law.--Any defense articles transferred or defense
services provided under the authority of subsection (a) shall be subject
to the authorities and limitations applicable to excess defense articles
under section 516 of the Foreign Assistance Act of 1961 (22 U.S.C.
2321j), other than the authorities and limitations in subsections
(b)(1)(B), (e), (f), and (g) of such section.
(d) Report Required Before Exercise of Authority.--
(1) In general.--The Secretary of Defense may not exercise
the authority under subsection (a) until 15 days after the
Secretary submits to the appropriate committees of Congress a
report on the equipment and other property of the Department of
Defense in Afghanistan.
(2) Elements.--The report required under paragraph (1) shall
include the following:
(A) A description of the process for inventorying
equipment and property, including defense articles, in
Afghanistan owned by the Department of Defense,
including equipment and property owned by the Department
and under the control of contractors in Afghanistan.
(B) An estimate of the types and quantities of
equipment and property of the Department of Defense,
including defense articles, anticipated to be withdrawn
from Afghanistan in connection with the drawdown of
United States military forces from Afghanistan between
the date of the enactment of this Act and December 31,
2014, including equipment and property owned by the
Department and under the control of contractors in
Afghanistan.
(e) Notice on Exercise of Authority.--
(1) <<NOTE: Time period.>> In general.--The Secretary of
Defense may not transfer defense articles or provide defense
services under subsection (a) until 15 days after the date on
which the Secretary of Defense, with the concurrence of the
Secretary of State, submits to the appropriate committees of
Congress notice of the proposed transfer of defense articles and
provision of defense services.
(2) Elements.--A notice under paragraph (1) shall include
the following:
(A) A description of the amount and types of defense
articles to be transferred and defense services to be
provided.
(B) A statement describing the current value of the
defense articles to be transferred and the estimated
replacement value of such articles.
(C) An identification of the element of the military
or security force that is the proposed recipient of the
defense articles to be transferred and defense service
to be provided.
(D) An identification of the military department
from which the defense articles to be transferred are to
be drawn.
(E) An assessment of the impact, if any, of the
transfer of defense articles on the readiness of units
from which the defense articles are to be transferred,
and the plan, if any, for mitigating such impact or
reimbursing the military department of such units for
such defense articles.
[[Page 126 STAT. 1994]]
(F) An assessment of the ability of the Government
of Afghanistan to sustain the costs associated with
receiving, possessing, and using the defense articles to
be transferred.
(G) A determination and certification by the
Secretary of Defense, with the concurrence of the
Secretary of State, that--
(i) the proposed transfer of the defense
articles to be transferred and the provision of
defense services to be provided in connection with
such transfer is in the national interest of the
United States; and
(ii) such defense articles are required by the
military and security forces of Afghanistan to
build their capacity to restore and maintain peace
and security in that country.
(f) Quarterly Reports.--
(1) In general.--Not later than 90 days after the date of
the first transfer of defense articles and provision of defense
services under the authority in subsection (a), and at the end
of each calendar quarter, if any, thereafter through March 31,
2015, in which the authority in subsection (a) is exercised, the
Secretary of Defense shall submit to the appropriate committees
of Congress a report on the implementation of the authority in
subsection (a). Each report shall include the replacement value
of the defense articles transferred pursuant to subsection (a),
both in the aggregate and by military department, and defense
services provided to the Government of Afghanistan, during the
90-day period ending on the date of such report.
(2) Inclusion in other report.--A report required under
paragraph (1) may be included in the report required under
section 9204 of the Supplemental Appropriations Act, 2008
(Public Law 110-252; 122 Stat. 2410) or any follow on report to
such other report.
(g) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Armed Services, the Committee
on Foreign Relations, and the Committee on
Appropriations of the Senate; and
(B) the Committee on Armed Services, the Committee
on Foreign Affairs, and the Committee on Appropriations
of the House of Representatives.
(2) Defense articles.--The term ``defense articles'' has the
meaning given the term in section 644(d) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2403(d)).
(3) Defense services.--The term ``defense services'' has the
meaning given the term in section 644(f) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2403(f)).
(4) Military and security forces.--The term ``military and
security forces'' means national armies, national air forces,
national navies, national guard forces, police forces, and
border security forces, but does not include nongovernmental or
irregular forces (such as private militias).
(h) Expiration.--The authority provided in subsection (a) may not be
exercised after December 31, 2014.
(i) Excess Defense Articles.--
[[Page 126 STAT. 1995]]
(1) Additional authority.--The authority provided by
subsection (a) is in addition to the authority provided by
section 516 of the Foreign Assistance Act of 1961.
(2) Exemptions.--
(A) During fiscal years 2013 and 2014, the value of
excess defense articles transferred from the stocks of
the Department of Defense in Afghanistan pursuant to
section 516 of the Foreign Assistance Act of 1961 shall
not be counted against the limitation on the aggregate
value of excess defense articles transferred contained
in subsection (g) of such section.
(B) During fiscal years 2013 and 2014, any excess
defense articles specified in subparagraph (A) shall not
be subject to the authorities and limitations applicable
to excess defense articles under section 516 of the
Foreign Assistance Act of 1961 contained in subsections
(b)(1)(B) and (e) of such section.
SEC. 1223. REPORT ON EFFORTS TO PROMOTE THE SECURITY OF AFGHAN
WOMEN AND GIRLS DURING THE SECURITY
TRANSITION PROCESS.
(a) Report.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense and the
Secretary of State shall jointly submit to the appropriate
congressional committees a report on efforts by the United
States Government to promote the security of Afghan women and
girls during the security transition process.
(2) Elements.--The report required under paragraph (1) shall
include the following elements:
(A) A discussion of efforts to monitor changes in
women's security conditions in areas undergoing
transition, including the following:
(i) A description of the roles and
responsibilities of the offices within the
International Security Assistance Force, the
United States Embassy, and the NATO Training
Mission-Afghanistan that have lead responsibility
for gender issues.
(ii) A description of the indicators against
which sex-disaggregated data is collected and
what, if any, additional indicators may enhance
efforts to measure the security of women and girls
during the transition process.
(iii) A discussion of how these indicators are
or may be incorporated into ongoing efforts to
assess overall security conditions during the
transition period.
(iv) Recommendations, if any, on how
assessments of women's security can be more fully
integrated into current procedures used to
determine an area's readiness to proceed through
the transition process.
(B) A discussion of efforts that may increase gender
awareness and responsiveness among Afghan National Army
(ANA) and Afghan National Police (ANP) personnel,
including the following:
(i) A description of the efforts, if any, to
work with Afghan and coalition partners to promote
training curricula and programming that address
the human
[[Page 126 STAT. 1996]]
rights and treatment of women and girls and that
assess the quality and impact of such training.
(ii) A description of the efforts, if any, to
work with ANA and ANP leaders to develop
enforcement and accountability mechanisms for ANA
and ANP personnel who violate codes of conduct
related to the human rights of women and girls.
(iii) A description of the efforts, if any, to
work with Afghan and coalition partners to promote
the implementation of the above tools and develop
uniform methods and standards for training and
enforcement.
(iv) Recommendations, if any, for enhancing
efforts to promote the objectives described in
clauses (i) through (iii).
(C) A discussion of efforts to increase the number
of female members of the ANA and ANP, including the
following:
(i) A description of the efforts, if any, to
assist ANA and ANP leaders in developing realistic
and achievable objectives for the recruitment and
retention of women to the ANA and ANP by the end
of the security transition period in 2014.
(ii) A description of the efforts, if any, to
assist ANA and ANP leaders and coalition partners
in addressing physical and cultural challenges to
the recruitment and retention of female ANA and
ANP personnel.
(iii) A description of the efforts, if any, to
assist ANA and ANP leaders in increasing awareness
of how women members of the security forces may
improve the overall effectiveness of the ANA and
ANP.
(iv) A description of the efforts, if any, to
assist ANA and ANP leaders in developing a plan
for maintaining and increasing the recruitment and
retention of women in the ANA and ANP following
the completion of the security transition.
(v) Recommendations, if any, for enhancing
efforts to promote the objectives described in
clauses (i) through (iv).
(3) Updates.--The Secretary of Defense shall include in each
report on progress toward security and stability in Afghanistan
that is submitted to Congress under sections 1230 and 1231 of
the National Defense Authorization Act for Fiscal Year 2008
(Public Law 110-181; 122 Stat. 385, 390) updated information on
efforts by the United States Government to promote the security
of Afghan women and girls consistent with the requirements of
this section.
(b) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Armed Services and the Committee on
Foreign Relations of the Senate; and
(2) the Committee on Armed Services and the Committee on
Foreign Affairs of the House of Representatives.
[[Page 126 STAT. 1997]]
SEC. 1224. SENSE OF CONGRESS COMMENDING THE ENDURING STRATEGIC
PARTNERSHIP AGREEMENT BETWEEN THE UNITED
STATES AND AFGHANISTAN.
(a) Findings.--Congress makes the following findings:
(1) The United States and Afghanistan have been allies in
the conflict against al Qaeda and its affiliates for over a
decade, with the shared goal of ensuring that Afghanistan is
never again a sanctuary for al Qaeda.
(2) The United States and Afghanistan are committed to the
framework agreed to at the North Atlantic Treaty Organization
(NATO) Summit in Lisbon in 2010, and reaffirmed at the NATO
Summit in Chicago in 2012, for the transition from coalition
forces to the Afghan National Security Forces of lead
responsibility for security throughout Afghanistan by the end of
2014.
(3) In June 2011, President Barack Obama said, ``What we can
do, and will do, is build a partnership with the Afghan people
that endures--one that ensures that we will be able to continue
targeting terrorists and supporting a sovereign Afghan
government''.
(4) In November 2011, a traditional loya jirga in Kabul
declared that ``strategic cooperation with the United States of
America, which is a strategic ally of the people and government
of Afghanistan, is considered important in order to ensure
political, economic, and military security'' and also stated,
``Signing a strategic cooperation document with the United
States conforms with the national interest of Afghanistan and is
of significant importance''.
(5) On May 2, 2012, President Obama and President Hamid
Karzai signed the Enduring Strategic Partnership Agreement
Between the United States of America and the Islamic Republic of
Afghanistan.
(6) At the signing of the Enduring Strategic Partnership
Agreement, President Obama said, ``Today we're agreeing to be
long-term partners in combating terrorism, and training Afghan
security forces, strengthening democratic institutions and
supporting development, and protecting human rights of all
Afghans. With this agreement, the Afghan people, and the world,
should know that Afghanistan has a friend and a partner in the
United States''.
(7) At a May 20, 2012, bilateral meeting with President
Karzai at the NATO Summit in Chicago, President Obama said that
the Enduring Strategic Partnership Agreement ``reflects a future
in which two sovereign nations--the United States and
Afghanistan--are operating as partners, to the benefit of our
countries' citizens, but also for the benefit of peace and
security and stability in the region and around the world''.
(8) President Karzai said at the May 20, 2012, bilateral
meeting with President Obama, ``Mr. President, the partnership
that we signed a few weeks ago in Kabul has turned a new page in
our relations. And the new page is a page of two sovereign
countries working together for the mutual interests--peace and
security and in all other areas''.
(9) On May 26, 2012, the Wolesi Jirga, the lower house of
the Afghan parliament, approved the Agreement by a vote of 191-7
with 2 abstentions.
[[Page 126 STAT. 1998]]
(10) On June 3, 2012, the Meshrano Jirga, the upper house of
the Afghan parliament, approved the Agreement by a vote of 67-
13.
(11) On July 8, 2012, at the Tokyo Conference on
Afghanistan, the international community and the Government of
Afghanistan reaffirmed their partnership in the economic growth
and development of Afghanistan through a process of mutual
commitments and accountability.
(12) On July 4, 2012, the Enduring Strategic Partnership
Agreement entered into force.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the members of the United States Armed Forces,
intelligence community, and diplomatic and development community
of the United States are to be commended for their dedicated
efforts and sacrifices in support of military and stability
operations in Afghanistan that have helped strengthen security
in Afghanistan, laid the foundation for transition to a long-
term partnership between the United States and a sovereign
Afghanistan, and supported the Government and people of
Afghanistan as they continue to build their capacity to
effectively and justly govern;
(2) the United States negotiating team for the Enduring
Strategic Partnership Agreement, including the United States
Embassy personnel in Kabul under the leadership of Ambassador
Ryan Crocker, is to be commended for its committed diplomatic
efforts;
(3) the Governments of the United States and Afghanistan are
to be commended for concluding the Enduring Strategic
Partnership Agreement;
(4) Congress supports the objectives and principles of the
Enduring Strategic Partnership Agreement, including protecting
and promoting shared democratic values, advancing long-term
security, reinforcing regional security and cooperation,
fostering social and economic development, upholding the rights
of women and minorities, and strengthening institutions and
governance in Afghanistan;
(5) it is essential that the Government and people of
Afghanistan fulfill Afghanistan's international commitments as
agreed at the Tokyo Conference of July 2012, the Bonn Conference
of December 2011, the Kabul Conference of July 2011, and other
venues to combat corruption, protect the equal rights of all
citizens of Afghanistan and enforce the rule of law, hold free
and fair elections in 2014, and build inclusive and effective
institutions of democratic governance;
(6) a key national security interest of the United States is
to maintain a long-term political, economic, and military
relationship with Afghanistan, including a limited presence of
United States Armed Forces for the purpose of training,
advising, and supporting Afghan National Security Forces and
cooperating on shared counterterrorism objectives;
(7) the negotiation and conclusion of a Bilateral Security
Agreement, as called for in the Enduring Strategic Partnership
Agreement, will provide a fundamental framework for the long-
term security relationship between the United States and
Afghanistan; and
[[Page 126 STAT. 1999]]
(8) Congress has a critical role in continuing to provide
the support and assistance necessary to achieve the goals of the
Enduring Strategic Partnership Agreement.
SEC. 1225. <<NOTE: 22 USC 7511 note.>> CONSULTATIONS WITH
CONGRESS ON A BILATERAL SECURITY
AGREEMENT WITH AFGHANISTAN.
(a) Consultations Required.--Commencing not later than 30 days after
the date of the enactment of this Act, the President shall consult
periodically with the appropriate committees of Congress on the status
of the negotiations on a bilateral security agreement between the United
States of America and the Islamic Republic of Afghanistan. Such
consultations shall include a briefing summarizing the purpose,
objectives, and key issues relating to the agreement.
(b) Availability of Agreement Text.--Before entering into any
bilateral security agreement with Afghanistan, the President shall make
available to the appropriate committees of Congress the text of such
agreement.
(c) Termination of Consultations.--The requirements of this section
shall terminate on the date on which the United States and Afghanistan
enter into a bilateral security agreement or the President notifies
Congress that negotiations on such an agreement have been terminated.
(d) Appropriate Committees of Congress Defined.--In this section,
the term ``appropriate committees of Congress'' means--
(1) the Committee on Armed Services and the Committee on
Foreign Relations of the Senate; and
(2) the Committee on Armed Services and the Committee on
Foreign Affairs of the House of Representatives.
SEC. 1226. COMPLETION OF TRANSITION OF UNITED STATES COMBAT AND
MILITARY AND SECURITY OPERATIONS TO THE
GOVERNMENT OF AFGHANISTAN.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the President should, in coordination with the
Government of Afghanistan, North Atlantic Treaty Organization
(NATO) member countries, and other allies in Afghanistan, seek
to--
(A) undertake all appropriate activities to
accomplish the President's stated goal of transitioning
the lead responsibility for security to the Government
of Afghanistan by mid-summer 2013;
(B) as part of accomplishing this transition of the
lead responsibility for security to the Government of
Afghanistan, draw down United States troops to a level
sufficient to meet this goal;
(C) continue to draw down United States troop levels
through the end of 2014; and
(D) end all regular combat operations by United
States troops by not later than December 31, 2014, and
take all possible steps to end such operations at the
earliest date consistent with a safe and orderly draw
down of United States troops in Afghanistan; and
(2) the recommendations of the commanders of the
International Security Assistance Force on the overall strategy
for Afghanistan, including the pace of the draw down, should be
given serious consideration.
[[Page 126 STAT. 2000]]
(b) Rule of Construction.--Nothing in this section shall be
construed to recommend or support any limitation or prohibition on any
authority of the President--
(1) to modify the military strategy, tactics, and operations
of United States Armed Forces as such Armed Forces redeploy from
Afghanistan;
(2) to authorize United States forces in Afghanistan to
defend themselves whenever they may be threatened;
(3) to attack al-Qaeda forces wherever such forces are
located;
(4) to provide financial support and equipment to the
Government of Afghanistan for the training and supply of
Afghanistan military and security forces; or
(5) to gather, provide, and share intelligence with United
States allies operating in Afghanistan and Pakistan.
SEC. 1227. EXTENSION AND MODIFICATION OF AUTHORITY FOR
REIMBURSEMENT OF CERTAIN COALITION
NATIONS FOR SUPPORT PROVIDED TO UNITED
STATES MILITARY OPERATIONS.
(a) Extension of Authority.--Subsection (a) of section 1233 of the
National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-
181; 122 Stat. 393), as most recently amended by section 1213 of the
National Defense Authorization Act for Fiscal Year 2012 (Public Law 112-
81; 125 Stat. 1630), is further amended by striking ``for fiscal year
2012'' and inserting ``for fiscal year 2013''.
(b) Limitation on Amounts Available.--Subsection (d) of such section
1233, as so amended, is further amended--
(1) in paragraph (1)--
(A) by striking ``during fiscal year 2012 may not
exceed $1,690,000,000'' and inserting ``during fiscal
year 2013 may not exceed $1,650,000,000''; and
(B) by adding at the end the following new sentence:
``Of the aggregate amount specified in the preceding
sentence, the total amount of reimbursements made under
subsection (a) and support provided under subsection (b)
to Pakistan during fiscal year 2013 may not exceed
$1,200,000,000.''; and
(2) by adding at the end the following new paragraph:
``(3) Prohibition on reimbursement of pakistan for support
during periods closed to transshipment.--Effective as of the
date of the enactment of the National Defense Authorization Act
for Fiscal Year 2013, funds (including funds from a prior fiscal
year that remain available for obligation) may not be used for
reimbursements under the authority in subsection (a) for
Pakistan for claims of support provided during any period when
the ground lines of supply through Pakistan to Afghanistan were
closed to the transshipment of equipment and supplies in support
of United States military operations in Afghanistan.''.
(c) Supported Operations.--Such section 1233 is further amended in
subsections (a)(1) and (b) by striking ``Operation Iraqi Freedom or''.
(d) Limitation on Reimbursement of Pakistan in Fiscal Year 2013
Pending Certification on Pakistan.--
[[Page 126 STAT. 2001]]
(1) <<NOTE: Effective date.>> In general.--Effective as of
the date of the enactment of this Act, no amounts authorized to
be appropriated by this Act, and no amounts authorized to be
appropriated for fiscal years before fiscal year 2013 that
remain available for obligation, may be used for reimbursements
of Pakistan under the authority in subsection (a) of section
1233 of the National Defense Authorization Act for Fiscal Year
2008, as amended by this section, until the Secretary of Defense
certifies to the congressional defense committees each of the
following:
(A) That Pakistan is maintaining security along the
Ground Lines of Communications (GLOCs) through Pakistan
to Afghanistan for the transshipment of equipment and
supplies in support of United States military operations
in Afghanistan and the retrograde of United States
equipment out of Afghanistan.
(B) That Pakistan is taking demonstrable steps to--
(i) support counterterrorism operations
against al Qaeda, Tehrik-i-Taliban Pakistan, and
other militant extremists groups such as the
Haqqani Network and the Quetta Shura Taliban
located in Pakistan;
(ii) disrupt the conduct of cross-border
attacks against United States, coalition, and
Afghanistan security forces located in Afghanistan
by such groups (including the Haqqani Network and
the Quetta Shura Taliban) from bases in Pakistan;
and
(iii) counter the threat of improvised
explosive devices, including efforts to attack
improvised explosive device networks, monitor
known precursors used in improvised explosive
devices, and systematically address the misuse of
explosive materials (including calcium ammonium
nitrate) and accessories and their supply to
legitimate end-users in a manner that impedes the
flow of improvised explosive devices and
improvised explosive device components into
Afghanistan.
(2) Waiver authority.--The Secretary may waive the
limitation in paragraph (1) if the Secretary certifies to the
congressional defense committees in writing that the waiver is
in the national security interests of the United States and
includes with such certification a justification for the waiver.
(3) Report.--Not later than 90 days after the date of
enactment of this Act, the Secretary of Defense shall, in
consultation with the Secretary of State, submit to the
congressional defense committees a report on the provision of
reimbursements and support to Pakistan under this section and
the amendments made by this section. The report shall include
the following:
(A) A description of the process for reimbursing or
providing support to Pakistan under section 1233 of the
National Defense Authorization Act for Fiscal Year 2008,
as so amended, including the process by which claims are
proposed and adjudicated.
(B) Any conditions or caveats that the Government of
Pakistan has placed on the use of the ground lines of
supply through Pakistan in support of United States
forces in Afghanistan or for the retrograde of United
States equipment out of Afghanistan.
[[Page 126 STAT. 2002]]
(C) An estimate of the costs for fiscal years 2011
through 2013 associated with the transshipment of
equipment and supplies in support of United States
forces in Afghanistan through--
(i) supply routes in Pakistan; and
(ii) supply routes along the Northern
Distribution Network.
SEC. 1228. EXTENSION AND MODIFICATION OF PAKISTAN
COUNTERINSURGENCY FUND.
(a) Extension.--Section 1224(h) of the National Defense
Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123 Stat.
2521), as most recently amended by section 1220(a) of the National
Defense Authorization Act for Fiscal Year 2012 (Public Law 112-81; 125
Stat. 1633), is further amended by striking ``September 30, 2012'' each
place it appears and inserting ``September 30, 2013''.
(b) Extension of Limitation on Funds Pending Report.--Section
1220(b)(1)(A) of the National Defense Authorization Act for Fiscal Year
2012 (Public Law 112-81; 125 Stat. 1633) is amended by striking ``fiscal
year 2012'' and inserting ``fiscal year 2013''.
(c) Limitation on Use of Funds.--
(1) <<NOTE: Consultation. Certification.>> Limitation.--
None of the funds authorized to be appropriated by this Act or
otherwise made available for the Pakistan Counterinsurgency Fund
may be used to provide assistance to the Government of Pakistan
until the Secretary of Defense, in consultation with the
Secretary of State, certifies to the appropriate congressional
committees that--
(A) the Government of Pakistan is demonstrating a
continuing commitment to and is making significant
efforts toward the implementation of a strategy to
counter improvised explosive devices (IEDs), including--
(i) attacking IED networks;
(ii) monitoring known precursors used in IEDs;
and
(iii) developing a strict protocol for the
manufacture of explosive materials, including
calcium ammonium nitrate, and accessories and
their supply to legitimate end users; and
(B) <<NOTE: Shakil Afridi.>> the Government of
Pakistan is cooperating with United States
counterterrorism efforts, including by not detaining,
prosecuting, or imprisoning citizens of Pakistan as a
result of their cooperation with such efforts, including
Dr. Shakil Afridi.
(2) <<NOTE: Consultation.>> Waiver.--The Secretary of
Defense, in consultation with the Secretary of State, may waive
the requirements of paragraph (1) if the Secretary of Defense
determines it is in the national security interest of the United
States to do so.
(3) Definition.--In this subsection, the term ``appropriate
congressional committees'' means--
(A) the congressional defense committees; and
(B) the Committee on Foreign Relations of the Senate
and the Committee on Foreign Affairs of the House of
Representatives.
[[Page 126 STAT. 2003]]
Subtitle C--Matters Relating to Iran
SEC. 1231. REPORT ON UNITED STATES CAPABILITIES IN RELATION TO
CHINA, NORTH KOREA, AND IRAN.
(a) Report.--Not later than 90 days after the date of the enactment
of this Act, and not later than March 31, 2014, the Chairman of the
Joint Chiefs of Staff, in consultation with the commanders of the
relevant geographical and functional combatant commands, shall submit to
the congressional defense committees a report on United States
capabilities in relation to the People's Republic of China, the
Democratic People's Republic of Korea, and the Republic of Iran.
(b) Elements.--The report required by subsection (a) shall include
the following elements:
(1) Any critical gaps in intelligence that limit the ability
of the United States Armed Forces to counter challenges or
threats emanating from each of the foreign countries described
in subsection (a).
(2) Any gaps in the capabilities, capacity, and authorities
of the United States Armed Forces to counter challenges or
threats to United States personnel and United States interests
in the respective regions of the foreign countries described in
subsection (a).
(3) Any other matters the Chairman of the Joint Chiefs of
Staff considers to be relevant.
(c) Information to Be Considered.--In preparing the report required
by subsection (a), the Chairman of the Joint Chiefs of Staff should
consider the information contained in the most recent reports required
by the following:
(1) Section 1236 of the National Defense Authorization Act
for Fiscal Year 2012 (Public Law 112-81; 125 Stat. 1641).
(2) Section 1245 of the National Defense Authorization Act
for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2542).
(3) Section 1202 of the National Defense Authorization Act
for Fiscal Year 2000 (Public Law 106-65; 113 Stat. 781; 10
U.S.C. 113 note).
SEC. 1232. REPORT ON MILITARY CAPABILITIES OF GULF COOPERATION
COUNCIL MEMBERS.
(a) Report.--The Secretary of Defense, in consultation with the
Secretary of State, shall evaluate the military capabilities of members
of the Cooperation Council for the Arab States of the Gulf (in this
section referred to as the ``Gulf Cooperation Council'') and submit to
the appropriate congressional committees a report on the findings of
such evaluation.
(b) Matters To Be Included.--The report required under subsection
(a) shall include the following:
(1) An assessment of the military capabilities of Gulf
Cooperation Council members to defend collectively against Iran
and contribute to international counter-terrorism and counter-
piracy efforts.
(2) An assessment of gaps in the military capabilities of
Gulf Cooperation Council members to defend collectively against
Iran and a detailed description of military capabilities
necessary to address those gaps.
[[Page 126 STAT. 2004]]
(3) An evaluation of United States military capabilities and
posture in the region and an analysis of the capacity of the
United States Armed Forces to augment the military capabilities
of Gulf Cooperation Council members.
(4) A description of the United States Government's ongoing
efforts to foster regional cooperation through ongoing bilateral
and multilateral strategic security dialogues.
(5) A summary of Gulf Cooperation Council operational and
training requests to the United States Government and the
associated actions taken by the United States Government.
(c) Submission to Congress.--The report required under subsection
(a) shall be submitted to the appropriate congressional committees not
later than 180 days after the date of the enactment of this Act.
(d) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Appropriations, the Committee on Armed
Services, and the Committee on Foreign Relations of the Senate;
and
(2) the Committee on Appropriations, the Committee on Armed
Services, and the Committee on Foreign Affairs of the House of
Representatives.
SEC. 1233. SENSE OF CONGRESS WITH RESPECT TO IRAN.
It is the sense of Congress that the United States should be
prepared to take all necessary measures, including military action if
required, to prevent Iran from threatening the United States, its
allies, or Iran's neighbors with a nuclear weapon.
SEC. 1234. <<NOTE: 22 USC 8784 note.>> RULE OF CONSTRUCTION.
Nothing in this Act shall be construed as authorizing the use of
force against Iran.
Subtitle D--Iran <<NOTE: Iran Freedom and Counter-Proliferation Act of
2012. President. 22 USC 8801 note.>> Sanctions
SEC. 1241. SHORT TITLE.
This subtitle may be cited as the ``Iran Freedom and Counter-
Proliferation Act of 2012''.
SEC. 1242. <<NOTE: 22 USC 8801.>> DEFINITIONS.
(a) In General.--In this subtitle:
(1) Agricultural commodity.--The term ``agricultural
commodity'' has the meaning given that term in section 102 of
the Agricultural Trade Act of 1978 (7 U.S.C. 5602).
(2) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the committees specified in section 14(2) of the
Iran Sanctions Act of 1996 (Public Law 104-172; 50
U.S.C. 1701 note); and
(B) the Committee on Armed Services of the Senate
and the Committee on Armed Services of the House of
Representatives.
(3) Coal.--The term ``coal'' means metallurgical coal,
coking coal, or fuel coke.
(4) Correspondent account; payable-through account.--The
terms ``correspondent account'' and ``payable-
[[Page 126 STAT. 2005]]
through account'' have the meanings given those terms in section
5318A of title 31, United States Code.
(5) Foreign financial institution.--The term ``foreign
financial institution'' has the meaning of that term as
determined by the Secretary of the Treasury pursuant to section
104(i) of the Comprehensive Iran Sanctions, Accountability, and
Divestment Act of 2010 (22 U.S.C. 8513(i)).
(6) Good.--The term ``good'' has the meaning given that term
in section 16 of the Export Administration Act of 1979 (50
U.S.C. App. 2415) (as continued in effect pursuant to the
International Emergency Economic Powers Act (50 U.S.C. 1701 et
seq.)).
(7) Iranian financial institution.--The term ``Iranian
financial institution'' has the meaning given that term in
section 104A(d) of the Comprehensive Iran Sanctions,
Accountability, and Divestment Act of 2010 (22 U.S.C. 8513b(d)).
(8) Iranian person.--The term ``Iranian person'' means--
(A) an individual who is a citizen or national of
Iran; and
(B) an entity organized under the laws of Iran or
otherwise subject to the jurisdiction of the Government
of Iran.
(9) Knowingly.--The term ``knowingly'', with respect to
conduct, a circumstance, or a result, means that a person has
actual knowledge, or should have known, of the conduct, the
circumstance, or the result.
(10) Medical device.--The term ``medical device'' has the
meaning given the term ``device'' in section 201 of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 321).
(11) Medicine.--The term ``medicine'' has the meaning given
the term ``drug'' in section 201 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 321).
(12) Shipping.--The term ``shipping'' refers to the
transportation of goods by a vessel and related activities.
(13) United states person.--The term ``United States
person'' has the meaning given that term in section 101 of the
Comprehensive Iran Sanctions, Accountability, and Divestment Act
of 2010 (22 U.S.C. 8511).
(14) Vessel.--The term ``vessel'' has the meaning given that
term in section 3 of title 1, United States Code.
(b) Determinations of Significance.--For purposes of this subtitle,
in determining if financial transactions or financial services are
significant, the President may consider the totality of the facts and
circumstances, including factors similar to the factors set forth in
section 561.404 of title 31, Code of Federal Regulations (or any
corresponding similar regulation or ruling).
SEC. 1243. <<NOTE: 22 USC 8802.>> SENSE OF CONGRESS RELATING TO
VIOLATIONS OF HUMAN RIGHTS BY IRAN.
(a) Finding.--Congress finds that the interests of the United States
and international peace are threatened by the ongoing and destabilizing
actions of the Government of Iran, including its massive, systematic,
and extraordinary violations of the human rights of its own citizens.
(b) Sense of Congress.--It is the sense of Congress that the United
States should--
[[Page 126 STAT. 2006]]
(1) deny the Government of Iran the ability to continue to
oppress the people of Iran and to use violence and executions
against pro-democracy protestors and regime opponents;
(2) fully and publicly support efforts made by the people of
Iran to promote the establishment of basic freedoms that build
the foundation for the emergence of a freely elected, open, and
democratic political system;
(3) help the people of Iran produce, access, and share
information freely and safely via the Internet and through other
media; and
(4) defeat all attempts by the Government of Iran to jam or
otherwise obstruct international satellite broadcast signals.
SEC. 1244. <<NOTE: 22 USC 8803.>> IMPOSITION OF SANCTIONS WITH
RESPECT TO THE ENERGY, SHIPPING, AND
SHIPBUILDING SECTORS OF IRAN.
(a) Findings.--Congress makes the following findings:
(1) Iran's energy, shipping, and shipbuilding sectors and
Iran's ports are facilitating the Government of Iran's nuclear
proliferation activities by providing revenue to support
proliferation activities.
(2) The United Nations Security Council and the United
States Government have expressed concern about the proliferation
risks presented by the Iranian nuclear program.
(3) The Director General of the International Atomic Energy
Agency (in this section referred to as the ``IAEA'') has in
successive reports (GOV/2012/37 and GOV/2011/65) identified
possible military dimensions of Iran's nuclear program.
(4) The Government of Iran continues to defy the
requirements and obligations contained in relevant IAEA Board of
Governors and United Nations Security Council resolutions,
including by continuing and expanding uranium enrichment
activities in Iran, as reported in IAEA Report GOV/2012/37.
(5) United Nations Security Council Resolution 1929 (2010)
recognizes the ``potential connection between Iran's revenues
derived from its energy sector and the funding of Iran's
proliferation sensitive nuclear activities''.
(6) The National Iranian Tanker Company is the main carrier
for the Iranian Revolutionary Guard Corps-designated National
Iranian Oil Company and a key element in the petroleum supply
chain responsible for generating energy revenues that support
the illicit nuclear proliferation activities of the Government
of Iran.
(b) Designation of Ports and Entities in the Energy, Shipping, and
Shipbuilding Sectors of Iran as Entities of Proliferation Concern.--
Entities that operate ports in Iran and entities in the energy,
shipping, and shipbuilding sectors of Iran, including the National
Iranian Oil Company, the National Iranian Tanker Company, the Islamic
Republic of Iran Shipping Lines, and their affiliates, play an important
role in Iran's nuclear proliferation efforts and all such entities are
hereby designated as entities of proliferation concern.
(c) <<NOTE: Effective date. Time period.>> Blocking of Property of
Entities in Energy, Shipping, and Shipbuilding Sectors.--
(1) Blocking of property.--
[[Page 126 STAT. 2007]]
(A) In general.--On and after the date that is 180
days after the date of the enactment of this Act, the
President shall block and prohibit all transactions in
all property and interests in property of any person
described in paragraph (2) if such property and
interests in property are in the United States, come
within the United States, or are or come within the
possession or control of a United States person.
(B) Exception.--The requirement to block and
prohibit all transactions in all property and interests
in property under subparagraph (A) shall not include the
authority to impose sanctions on the importation of
goods.
(2) <<NOTE: Determination.>> Persons described.--A person
is described in this paragraph if the President determines that
the person, on or after the date that is 180 days after the date
of the enactment of this Act--
(A) is part of the energy, shipping, or shipbuilding
sectors of Iran;
(B) operates a port in Iran; or
(C) knowingly provides significant financial,
material, technological, or other support to, or goods
or services in support of any activity or transaction on
behalf of or for the benefit of--
(i) a person determined under subparagraph (A)
to be a part of the energy, shipping, or
shipbuilding sectors of Iran;
(ii) a person determined under subparagraph
(B) to operate a port in Iran; or
(iii) an Iranian person included on the list
of specially designated nationals and blocked
persons maintained by the Office of Foreign Assets
Control of the Department of the Treasury (other
than an Iranian financial institution described in
paragraph (3)).
(3) Iranian financial institutions described.--An Iranian
financial institution described in this paragraph is an Iranian
financial institution that has not been designated for the
imposition of sanctions in connection with--
(A) Iran's proliferation of weapons of mass
destruction or delivery systems for weapons of mass
destruction;
(B) Iran's support for international terrorism; or
(C) Iran's abuses of human rights.
(d) Additional Sanctions With Respect to the Energy, Shipping, and
Shipbuilding Sectors of Iran.--
(1) Sale, supply, or transfer of certain goods and
services.--
(A) <<NOTE: Determination.>> In general.--Except as
provided in this section, the President shall impose 5
or more of the sanctions described in section 6(a) of
the Iran Sanctions Act of 1996 (Public Law 104-172; 50
U.S.C. 1701 note) with respect to a person if the
President determines that the person knowingly, on or
after the date that is 180 days after the date of the
enactment of this Act, sells, supplies, or transfers to
or from Iran goods or services described in paragraph
(3).
(B) Exception.--The requirement to impose sanctions
under subparagraph (A) shall not include the authority
to impose sanctions relating to the importation of goods
[[Page 126 STAT. 2008]]
under paragraph (8)(A) or (12) of section 6(a) of the
Iran Sanctions Act of 1996, and any sanction relating to
the importation of goods shall not count for purposes of
the requirement to impose sanctions under subparagraph
(A).
(2) <<NOTE: Effective date. Time period.>> Facilitation of
certain transactions.--Except as provided in this section, the
President shall prohibit the opening, and prohibit or impose
strict conditions on the maintaining, in the United States of a
correspondent account or a payable-through account by a foreign
financial institution that the President determines knowingly,
on or after the date that is 180 days after the date of the
enactment of this Act, conducts or facilitates a significant
financial transaction for the sale, supply, or transfer to or
from Iran of goods or services described in paragraph (3).
(3) Goods and services described.--Goods or services
described in this paragraph are significant goods or services
used in connection with the energy, shipping, or shipbuilding
sectors of Iran, including the National Iranian Oil Company, the
National Iranian Tanker Company, and the Islamic Republic of
Iran Shipping Lines.
(e) Humanitarian Exception.--The President may not impose sanctions
under this section with respect to any person for conducting or
facilitating a transaction for the sale of agricultural commodities,
food, medicine, or medical devices to Iran or for the provision of
humanitarian assistance to the people of Iran.
(f) Exception for Afghanistan Reconstruction.--The President may
provide for an exception from the imposition of sanctions under this
section for reconstruction assistance or economic development for
Afghanistan--
(1) <<NOTE: Determination.>> to the extent that the
President determines that such an exception is in the national
interest of the United States; and
(2) <<NOTE: Notification. Deadline.>> if the President
submits to the appropriate congressional committees a
notification of and justification for the exception not later
than 15 days before issuing the exception.
(g) Applicability of Sanctions to Petroleum and Petroleum
Products.--
(1) In general.--Except as provided in paragraph (2), this
section shall apply with respect to the purchase of petroleum or
petroleum products from Iran only if, at the time of the
purchase, a determination of the President under section
1245(d)(4)(B) of the National Defense Authorization Act for
Fiscal Year 2012 (22 U.S.C. 8513a(d)(4)(B)) that the price and
supply of petroleum and petroleum products produced in countries
other than Iran is sufficient to permit purchasers of petroleum
and petroleum products from Iran to reduce significantly their
purchases from Iran is in effect.
(2) Exception for certain countries.--
(A) Exportation.--This section shall not apply with
respect to the exportation of petroleum or petroleum
products from Iran to a country to which the exception
under section 1245(d)(4)(D)(i) of the National Defense
Authorization Act for Fiscal Year 2012 (22 U.S.C.
8513a(d)(4)(D)(i)) applies at the time of the
exportation of the petroleum or petroleum products.
(B) Financial transactions.--
[[Page 126 STAT. 2009]]
(i) In general.--This section shall not apply
with respect to a financial transaction described
in clause (ii) conducted or facilitated by a
foreign financial institution if, at the time of
the transaction, the exception under section
1245(d)(4)(D)(i) of the National Defense
Authorization Act for Fiscal Year 2012 (22 U.S.C.
8513a(d)(4)(D)(i)) applies to the country with
primary jurisdiction over the foreign financial
institution.
(ii) Financial transactions described.--A
financial transaction conducted or facilitated by
a foreign financial institution is described in
this clause if--
(I) the financial transaction is
only for trade in goods or services--
(aa) not otherwise subject
to sanctions under the law of
the United States; and
(bb) between the country
with primary jurisdiction over
the foreign financial
institution and Iran; and
(II) any funds owed to Iran as a
result of such trade are credited to an
account located in the country with
primary jurisdiction over the foreign
financial institution.
(h) Applicability of Sanctions to Natural Gas.--
(1) Sale, supply, or transfer.--Except as provided in
paragraph (2), this section shall not apply to the sale, supply,
or transfer to or from Iran of natural gas.
(2) Financial transactions.--This section shall apply to a
foreign financial institution that conducts or facilitates a
financial transaction for the sale, supply, or transfer to or
from Iran of natural gas unless--
(A) the financial transaction is only for trade in
goods or services--
(i) not otherwise subject to sanctions under
the law of the United States; and
(ii) between the country with primary
jurisdiction over the foreign financial
institution and Iran; and
(B) any funds owed to Iran as a result of such trade
are credited to an account located in the country with
primary jurisdiction over the foreign financial
institution.
(i) Waiver.--
(1) <<NOTE: Time periods.>> In general.--The President may
waive the imposition of sanctions under this section for a
period of not more than 180 days, and may renew that waiver for
additional periods of not more than 180 days, if the President--
(A) <<NOTE: Determination.>> determines that such a
waiver is vital to the national security of the United
States; and
(B) <<NOTE: Reports.>> submits to the appropriate
congressional committees a report providing a
justification for the waiver.
(2) Form of report.--Each report submitted under paragraph
(1)(B) shall be submitted in unclassified form, but may include
a classified annex.
SEC. 1245. <<NOTE: 22 USC 8804.>> IMPOSITION OF SANCTIONS WITH
RESPECT TO THE SALE, SUPPLY, OR TRANSFER
OF CERTAIN MATERIALS TO OR FROM IRAN.
(a) Sale, Supply, or Transfer of Certain Materials.--
[[Page 126 STAT. 2010]]
(1) In general.--The President shall impose 5 or more of the
sanctions described in section 6(a) of the Iran Sanctions Act of
1996 (Public Law 104-172; 50 U.S.C. 1701 note) with respect to a
person if the President determines that the person knowingly, on
or after the date that is 180 days after the date of the
enactment of this Act, sells, supplies, or transfers, directly
or indirectly, to or from Iran--
(A) a precious metal;
(B) a material described in subsection (d)
determined pursuant to subsection (e)(1) to be used by
Iran as described in that subsection;
(C) any other material described in subsection (d)
if--
(i) the material is--
(I) to be used in connection with
the energy, shipping, or shipbuilding
sectors of Iran or any sector of the
economy of Iran determined pursuant to
subsection (e)(2) to be controlled
directly or indirectly by Iran's
Revolutionary Guard Corps;
(II) sold, supplied, or transferred
to or from an Iranian person included on
the list of specially designated
nationals and blocked persons maintained
by the Office of Foreign Assets Control
of the Department of the Treasury (other
than an Iranian financial institution
described in subsection (b)); or
(III) determined pursuant to
subsection (e)(3) to be used in
connection with the nuclear, military,
or ballistic missile programs of Iran;
or
(ii) the material is resold, retransferred, or
otherwise supplied--
(I) to an end-user in a sector
described in subclause (I) of clause
(i);
(II) to a person described in
subclause (II) of that clause; or
(III) for a program described in
subclause (III) of that clause.
(2) Exception.--The requirement to impose sanctions under
paragraph (1) shall not include the authority to impose
sanctions relating to the importation of goods under paragraph
(8)(A) or (12) of section 6(a) of the Iran Sanctions Act of
1996, and any sanction relating to the importation of goods
shall not count for purposes of the requirement to impose
sanctions under paragraph (1).
(b) Iranian Financial Institutions Described.--An Iranian financial
institution described in this subsection is an Iranian financial
institution that has not been designated for the imposition of sanctions
in connection with--
(1) Iran's proliferation of weapons of mass destruction or
delivery systems for weapons of mass destruction;
(2) Iran's support for international terrorism; or
(3) Iran's abuses of human rights.
(c) Facilitation of Certain Transactions.--The President shall
prohibit the opening, and prohibit or impose strict conditions on the
maintaining, in the United States of a correspondent account or a
payable-through account by a foreign financial institution that the
President determines knowingly, on or after the date that is 180 days
after the date of the enactment of this Act,
[[Page 126 STAT. 2011]]
conducts or facilitates a significant financial transaction for the
sale, supply, or transfer to or from Iran of materials the sale, supply,
or transfer of which would subject a person to sanctions under
subsection (a).
(d) Materials Described.--Materials described in this subsection are
graphite, raw or semi-finished metals such as aluminum and steel, coal,
and software for integrating industrial processes.
(e) <<NOTE: Deadlines. Federal Register, publication. Reports.>>
Determination With Respect to Use of Materials.--Not later than 180 days
after the date of the enactment of this Act, and every 180 days
thereafter, the President shall submit to the appropriate congressional
committees and publish in the Federal Register a report that contains
the determination of the President with respect to--
(1) whether Iran is--
(A) using any of the materials described in
subsection (d) as a medium for barter, swap, or any
other exchange or transaction; or
(B) listing any of such materials as assets of the
Government of Iran for purposes of the national balance
sheet of Iran;
(2) which sectors of the economy of Iran are controlled
directly or indirectly by Iran's Revolutionary Guard Corps; and
(3) which of the materials described in subsection (d) are
used in connection with the nuclear, military, or ballistic
missile programs of Iran.
(f) <<NOTE: Determination.>> Exception for Persons Exercising Due
Diligence.--The President may not impose sanctions under subsection (a)
or (c) with respect to a person if the President determines that the
person has exercised due diligence in establishing and enforcing
official policies, procedures, and controls to ensure that the person
does not sell, supply, or transfer to or from Iran materials the sale,
supply, or transfer of which would subject a person to sanctions under
subsection (a) or conduct or facilitate a financial transaction for such
a sale, supply, or transfer.
(g) Waiver.--
(1) <<NOTE: Time periods.>> In general.--The President may
waive the imposition of sanctions under this section for a
period of not more than 180 days, and may renew that waiver for
additional periods of not more than 180 days, if the President--
(A) <<NOTE: Determination.>> determines that such a
waiver is vital to the national security of the United
States; and
(B) <<NOTE: Reports.>> submits to the appropriate
congressional committees a report providing a
justification for the waiver.
(2) Form of report.--Each report submitted under paragraph
(1)(B) shall be submitted in unclassified form, but may include
a classified annex.
(h) National Balance Sheet of Iran Defined.--For purposes of this
section, the term ``national balance sheet of Iran'' refers to the ratio
of the assets of the Government of Iran to the liabilities of that
Government.
SEC. 1246. <<NOTE: 22 USC 8805.>> IMPOSITION OF SANCTIONS WITH
RESPECT TO THE PROVISION OF UNDERWRITING
SERVICES OR INSURANCE OR REINSURANCE FOR
ACTIVITIES OR PERSONS WITH RESPECT TO
WHICH SANCTIONS HAVE BEEN IMPOSED.
(a) Imposition of Sanctions.--
[[Page 126 STAT. 2012]]
(1) <<NOTE: Determination. Effective date. Time period.>>
In general.--Except as provided in this section, the President
shall impose 5 or more of the sanctions described in section
6(a) of the Iran Sanctions Act of 1996 (Public Law 104-172; 50
U.S.C. 1701 note) with respect to a person if the President
determines that the person knowingly, on or after the date that
is 180 days after the date of the enactment of this Act,
provides underwriting services or insurance or reinsurance--
(A) for any activity with respect to Iran for which
sanctions have been imposed under this subtitle, the
International Emergency Economic Powers Act (50 U.S.C.
1701 et seq.), the Iran Sanctions Act of 1996, the
Comprehensive Iran Sanctions, Accountability, and
Divestment Act of 2010 (22 U.S.C. 8501 et seq.), the
Iran Threat Reduction and Syria Human Rights Act of 2012
(22 U.S.C. 8701 et seq.), the Iran, North Korea, and
Syria Nonproliferation Act (Public Law 106-178; 50
U.S.C. 1701 note), or any other provision of law
relating to the imposition of sanctions with respect to
Iran;
(B) to or for any person--
(i) with respect to, or for the benefit of any
activity in the energy, shipping, or shipbuilding
sectors of Iran for which sanctions are imposed
under this subtitle;
(ii) for the sale, supply, or transfer to or
from Iran of materials described in section
1245(d) for which sanctions are imposed under this
subtitle; or
(iii) designated for the imposition of
sanctions pursuant to the International Emergency
Economic Powers Act (50 U.S.C. 1701 et seq.) in
connection with--
(I) Iran's proliferation of weapons
of mass destruction or delivery systems
for weapons of mass destruction; or
(II) Iran's support for
international terrorism; or
(C) to or for any Iranian person included on the
list of specially designated nationals and blocked
persons maintained by the Office of Foreign Assets
Control of the Department of the Treasury (other than an
Iranian financial institution described in subsection
(b)).
(2) Exception.--The requirement to impose sanctions under
paragraph (1) shall not include the authority to impose
sanctions relating to the importation of goods under paragraph
(8)(A) or (12) of section 6(a) of the Iran Sanctions Act of
1996, and any sanction relating to the importation of goods
shall not count for purposes of the requirement to impose
sanctions under paragraph (1).
(b) Iranian Financial Institutions Described.--An Iranian financial
institution described in this subsection is an Iranian financial
institution that has not been designated for the imposition of sanctions
in connection with--
(1) Iran's proliferation of weapons of mass destruction or
delivery systems for weapons of mass destruction;
(2) Iran's support for international terrorism; or
(3) Iran's abuses of human rights.
(c) Humanitarian Exception.--The President may not impose sanctions
under subsection (a) for the provision of underwriting
[[Page 126 STAT. 2013]]
services or insurance or reinsurance for a transaction for the sale of
agricultural commodities, food, medicine, or medical devices to Iran or
for the provision of humanitarian assistance to the people of Iran.
(d) Exception for Underwriters and Insurance Providers Exercising
Due Diligence.--The <<NOTE: Determination.>> President may not impose
sanctions under subparagraph (A) or (C) or clause (i) or (ii) of
subparagraph (B) of subsection (a)(1) with respect to a person that
provides underwriting services or insurance or reinsurance if the
President determines that the person has exercised due diligence in
establishing and enforcing official policies, procedures, and controls
to ensure that the person does not underwrite or enter into a contract
to provide insurance or reinsurance for an activity described in
subparagraph (A) of that subsection or to or for any person described in
subparagraph (C) or clause (i) or (ii) of subparagraph (B) of that
subsection.
(e) Waiver.--
(1) <<NOTE: Time periods.>> In general.--The President may
waive the imposition of sanctions under subsection (a) for a
period of not more than 180 days, and may renew that waiver for
additional periods of not more than 180 days, if the President--
(A) <<NOTE: Determination.>> determines that such a
waiver is vital to the national security of the United
States; and
(B) <<NOTE: Reports.>> submits to the appropriate
congressional committees a report providing a
justification for the waiver.
(2) Form of report.--Each report submitted under paragraph
(1)(B) shall be submitted in unclassified form, but may include
a classified annex.
SEC. 1247. <<NOTE: 22 USC 8806.>> IMPOSITION OF SANCTIONS WITH
RESPECT TO FOREIGN FINANCIAL
INSTITUTIONS THAT FACILITATE FINANCIAL
TRANSACTIONS ON BEHALF OF SPECIALLY
DESIGNATED NATIONALS.
(a) <<NOTE: Determination. Effective date. Time period.>> In
General.--Except as provided in this section, the President shall
prohibit the opening, and prohibit or impose strict conditions on the
maintaining, in the United States of a correspondent account or a
payable-through account by a foreign financial institution that the
President determines has, on or after the date that is 180 days after
the date of the enactment of this Act, knowingly facilitated a
significant financial transaction on behalf of any Iranian person
included on the list of specially designated nationals and blocked
persons maintained by the Office of Foreign Assets Control of the
Department of the Treasury (other than an Iranian financial institution
described in subsection (b)).
(b) Iranian Financial Institutions Described.--An Iranian financial
institution described in this subsection is an Iranian financial
institution that has not been designated for the imposition of sanctions
in connection with--
(1) Iran's proliferation of weapons of mass destruction or
delivery systems for weapons of mass destruction;
(2) Iran's support for international terrorism; or
(3) Iran's abuses of human rights.
(c) Humanitarian Exception.--The President may not impose sanctions
under subsection (a) with respect to any person for conducting or
facilitating a transaction for the sale of agricultural commodities,
food, medicine, or medical devices to Iran or for the provision of
humanitarian assistance to the people of Iran.
[[Page 126 STAT. 2014]]
(d) Applicability of Sanctions to Petroleum and Petroleum
Products.--
(1) In general.--Except as provided in paragraph (2),
subsection (a) shall apply with respect to a financial
transaction for the purchase of petroleum or petroleum products
from Iran only if, at the time of the transaction, a
determination of the President under section 1245(d)(4)(B) of
the National Defense Authorization Act for Fiscal Year 2012 (22
U.S.C. 8513a(d)(4)(B)) that the price and supply of petroleum
and petroleum products produced in countries other than Iran is
sufficient to permit purchasers of petroleum and petroleum
products from Iran to reduce significantly their purchases from
Iran is in effect.
(2) Exception for certain countries.--
(A) In general.--Subsection (a) shall not apply with
respect to a financial transaction described in
subparagraph (B) conducted or facilitated by a foreign
financial institution if, at the time of the
transaction, the exception under section
1245(d)(4)(D)(i) of the National Defense Authorization
Act for Fiscal Year 2012 (22 U.S.C. 8513a(d)(4)(D)(i))
applies to the country with primary jurisdiction over
the foreign financial institution.
(B) Financial transactions described.--A financial
transaction conducted or facilitated by a foreign
financial institution is described in this subparagraph
if--
(i) the financial transaction is only for
trade in goods or services--
(I) not otherwise subject to
sanctions under the law of the United
States; and
(II) between the country with
primary jurisdiction over the foreign
financial institution and Iran; and
(ii) any funds owed to Iran as a result of
such trade are credited to an account located in
the country with primary jurisdiction over the
foreign financial institution.
(e) Applicability of Sanctions to Natural Gas.--Subsection (a) shall
apply to a foreign financial institution that conducts or facilitates a
financial transaction for the sale, supply, or transfer to or from Iran
of natural gas unless--
(1) the financial transaction is only for trade in goods or
services--
(A) not otherwise subject to sanctions under the law
of the United States; and
(B) between the country with primary jurisdiction
over the foreign financial institution and Iran; and
(2) any funds owed to Iran as a result of such trade are
credited to an account located in the country with primary
jurisdiction over the foreign financial institution.
(f) Waiver.--
(1) <<NOTE: Time periods.>> In general.--The President may
waive the imposition of sanctions under subsection (a) for a
period of not more than 180 days, and may renew that waiver for
additional periods of not more than 180 days, if the President--
(A) <<NOTE: Determination.>> determines that such a
waiver is vital to the national security of the United
States; and
[[Page 126 STAT. 2015]]
(B) <<NOTE: Reports.>> submits to the appropriate
congressional committees a report providing a
justification for the waiver.
(2) Form of report.--Each report submitted under paragraph
(1)(B) shall be submitted in unclassified form, but may include
a classified annex.
SEC. 1248. <<NOTE: 22 USC 8807.>> IMPOSITIONS OF SANCTIONS WITH
RESPECT TO THE ISLAMIC REPUBLIC OF IRAN
BROADCASTING.
(a) Findings.--Congress makes the following findings:
(1) The Islamic Republic of Iran Broadcasting has
contributed to the infringement of individuals' human rights by
broadcasting forced televised confession and show trials.
(2) In March 2012, the European Council imposed sanctions on
the President of the Islamic Republic of Iran Broadcasting,
Ezzatollah Zargami, for broadcasting forced confessions of
detainees and a series of ``show trials'' in August 2009 and
December 2011 that constituted a clear violation of
international law with respect to the right to a fair trial and
due process.
(b) Imposition of Sanctions.--
(1) In general.--The President shall, after the date of the
enactment of this Act--
(A) <<NOTE: Ezzatollah Zargami.>> impose sanctions
described in section 105(c) of the Comprehensive Iran
Sanctions, Accountability, and Divestment Act of 2010
(22 U.S.C. 8514(c)) with respect to the Islamic Republic
of Iran Broadcasting and the President of the Islamic
Republic of Iran Broadcasting, Ezzatollah Zargami; and
(B) include the Islamic Republic of Iran
Broadcasting and the President of the Islamic Republic
of Iran Broadcasting, Ezzatollah Zargami, on the list of
specially designated nationals and blocked persons
maintained by the Office of Foreign Assets Control of
the Department of the Treasury.
(2) Exception.--The requirement to impose sanctions under
paragraph (1)(A) shall not include the authority to impose
sanctions on the importation of goods.
(3) Application of certain provisions.--Sections 105(d) and
401(b) of the Comprehensive Iran Sanctions, Accountability, and
Divestment Act of 2010 (22 U.S.C. 8514(d) and 8551(b)) shall
apply with respect to sanctions imposed under paragraph (1)(A)
to the same extent that such sections apply with respect to the
imposition of sanctions under section 105(a) of that Act (22
U.S.C. 8514(a)).
SEC. 1249. IMPOSITION OF SANCTIONS WITH RESPECT TO PERSONS ENGAGED
IN THE DIVERSION OF GOODS INTENDED FOR
THE PEOPLE OF IRAN.
(a) In General.--Title I of the Comprehensive Iran Sanctions,
Accountability, and Divestment Act of 2010 (22 U.S.C. 8511 et seq.) is
amended by inserting after section 105B the following:
``SEC. 105C. <<NOTE: 22 USC 8514c.>> IMPOSITION OF SANCTIONS WITH
RESPECT TO PERSONS ENGAGED IN THE
DIVERSION OF GOODS INTENDED FOR THE
PEOPLE OF IRAN.
``(a) Imposition of Sanctions.--
[[Page 126 STAT. 2016]]
``(1) In general.--The President shall impose sanctions
described in section 105(c) with respect to each person on the
list required by subsection (b).
``(2) Exception.--The requirement to impose sanctions under
paragraph (1) shall not include the authority to impose
sanctions on the importation of goods.
``(b) List of Persons Who Engage in Diversion.--
``(1) <<NOTE: Determination. Effective date.>> In
general.--As relevant information becomes available, the
President shall submit to the appropriate congressional
committees a list of persons that the President determines have,
on or after the date of the enactment of the Iran Freedom and
Counter-Proliferation Act of 2012, engaged in corruption or
other activities relating to--
``(A) the diversion of goods, including agricultural
commodities, food, medicine, and medical devices,
intended for the people of Iran; or
``(B) the misappropriation of proceeds from the sale
or resale of such goods.
``(2) Form of report; public availability.--
``(A) Form.--The list required by paragraph (1)
shall be submitted in unclassified form but may contain
a classified annex.
``(B) <<NOTE: Web posting.>> Public availability.--
The unclassified portion of the list required by
paragraph (1) shall be made available to the public and
posted on the websites of the Department of the Treasury
and the Department of State.
``(c) Good Defined.--In this section, the term `good' has the
meaning given that term in section 1242(a) of the Iran Freedom and
Counter-Proliferation Act of 2012.''.
(b) Waiver.--Section 401(b)(1) of the Comprehensive Iran Sanctions,
Accountability, and Divestment Act of 2010 (22 U.S.C. 8551(b)(1)) is
amended--
(1) by striking ``or 105B(a)'' and inserting ``105B(a), or
105C(a)''; and
(2) by striking ``or 105B(b)'' and inserting ``105B(b), or
105C(b)''.
(c) Clerical Amendment.--The table of contents for the Comprehensive
Iran Sanctions, Accountability, and Divestment Act of 2010 is amended by
inserting after the item relating to section 105B the following:
``Sec. 105C. Imposition of sanctions with respect to persons engaged in
the diversion of goods intended for the people of Iran.''.
SEC. 1250. WAIVER REQUIREMENT RELATED TO EXCEPTIONAL CIRCUMSTANCES
PREVENTING SIGNIFICANT REDUCTIONS IN
CRUDE OIL PURCHASES.
Section 1245(d)(5)(B) of the National Defense Authorization Act for
Fiscal Year 2012 (22 U.S.C. 8513a(d)(5)(B)) is amended--
(1) in clause (i), by striking ``; and'' and inserting a
semicolon;
(2) by redesignating clause (ii) as clause (iii); and
(3) by inserting after clause (i) the following new clause:
``(ii) certifying that the country with
primary jurisdiction over the foreign financial
institution otherwise subject to the sanctions
faced exceptional circumstances that prevented the
country from being able
[[Page 126 STAT. 2017]]
to reduce significantly its purchases of petroleum
and petroleum products from Iran; and''.
SEC. 1251. STATUTE OF LIMITATIONS FOR CIVIL ACTIONS REGARDING
TERRORIST ACTS.
(a) In General.--Section 2335 of title 18, United States Code, is
amended--
(1) in subsection (a), by striking ``4 years'' and inserting
``10 years''; and
(2) in subsection (b), by striking ``4-year period'' and
inserting ``10-year period''.
(b) <<NOTE: Applicability. 18 USC 2335 note.>> Effective Date.--The
amendments made by this section shall apply to any civil action arising
under section 2333 of title 18, United States Code, that is pending on,
or commenced on or after, the date of the enactment of this Act.
(c) <<NOTE: Time period. 18 USC 2335 note.>> Special Rule Relating
to Certain Acts of International Terrorism.--Notwithstanding section
2335 of title 18, United States Code, as amended by subsection (a), a
civil action under section 2333 of such title resulting from an act of
international terrorism that occurred on or after September 11, 2001,
and before the date that is 4 years before the date of the enactment of
this Act, may be maintained if the civil action is commenced during the
6-year period beginning on such date of enactment.
SEC. 1252. <<NOTE: 22 USC 8808.>> REPORT ON USE OF CERTAIN
IRANIAN SEAPORTS BY FOREIGN VESSELS AND
USE OF FOREIGN AIRPORTS BY SANCTIONED
IRANIAN AIR CARRIERS.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, and annually thereafter through 2016, the
President shall submit to the appropriate congressional committees a
report that contains--
(1) a list of large or otherwise significant vessels that
have entered seaports in Iran controlled by the Tidewater Middle
East Company during the period specified in subsection (b) and
the owners and operators of those vessels; and
(2) a list of all airports at which aircraft owned or
controlled by an Iranian air carrier on which sanctions have
been imposed by the United States have landed during the period
specified in subsection (b).
(b) Period Specified.--The period specified in this subsection is--
(1) in the case of the first report submitted under
subsection (a), the 180-day period preceding the submission of
the report; and
(2) in the case of any subsequent report submitted under
that subsection, the year preceding the submission of the
report.
(c) Form of Report.--Each report required by subsection (a) shall be
submitted in unclassified form, but may include a classified annex.
SEC. 1253. <<NOTE: 22 USC 8809.>> IMPLEMENTATION; PENALTIES.
(a) Implementation.--The President may exercise all authorities
provided under sections 203 and 205 of the International Emergency
Economic Powers Act (50 U.S.C. 1702 and 1704) to carry out this
subtitle.
(b) <<NOTE: Applicability.>> Penalties.--The penalties provided for
in subsections (b) and (c) of section 206 of the International Emergency
Economic Powers Act (50 U.S. C. 1705) shall apply to a person that
violates,
[[Page 126 STAT. 2018]]
attempts to violate, conspires to violate, or causes a violation of this
subtitle or regulations prescribed under this subtitle to the same
extent that such penalties apply to a person that commits an unlawful
act described in section 206(a) of that Act.
(c) Application of Certain Provisions of Iran Sanctions Act of
1996.--The following provisions of the Iran Sanctions Act of 1996
(Public Law 104-172; 50 U.S.C. 1701 note) shall apply with respect to
the imposition of sanctions under sections 1244(d), 1245(a), and 1246(a)
to the same extent that such provisions apply with respect to the
imposition of sanctions under section 5(a) of the Iran Sanctions Act of
1996, and, as appropriate, instead of sections 1244(i), 1245(g), and
1246(e) of this Act:
(1) Paragraphs (1)(A), (2)(A), and (2)(B)(i) of section
4(c).
(2) Subsections (c), (d), and (f) of section 5.
(3) Section 8.
(4) Section 11.
(5) Section 12.
(6) Section 13(b).
SEC. 1254. <<NOTE: 22 USC 8810.>> APPLICABILITY TO CERTAIN
NATURAL GAS PROJECTS.
Nothing in this subtitle or the amendments made by this subtitle
shall apply with respect to any activity relating to a project described
in subsection (a) of section 603 of the Iran Threat Reduction and Syria
Human Rights Act of 2012 (22 U.S.C. 8783) to which the exception under
that section applies at the time of the activity.
SEC. 1255. <<NOTE: 22 USC 8811.>> RULE OF CONSTRUCTION.
Nothing in this subtitle or the amendments made by this subtitle
shall be construed to limit sanctions imposed with respect to Iran under
any other provision of law or to limit the authority of the President to
impose additional sanctions with respect to Iran.
Subtitle E--Satellites and Related Items
SEC. 1261. REMOVAL OF SATELLITES AND RELATED ITEMS FROM THE UNITED
STATES MUNITIONS LIST.
(a) Repeal.--
(1) In general.--Section 1513 of the Strom Thurmond National
Defense Authorization Act for Fiscal Year 1999 (Public Law 105-
261; 112 Stat. 2174; 22 U.S.C. 2778 note) is amended by striking
subsection (a).
(2) Conforming amendment.--Subsection (c) of such section is
amended by striking ``(1) Subsection (a)'' and all that follows
through ``(2) The amendments'' and inserting ``The amendments''.
(b) <<NOTE: President.>> Additional Determination and Report.--
Accompanying but separate from the submission to Congress of the first
notification after the date of the enactment of this Act under section
38(f) of the Arms Export Control Act (22 U.S.C. 2778(f)) relating to the
removal of satellites and related items from the United States Munitions
List, the President shall also submit to Congress--
(1) a determination by the President that the removal of
such satellites and items from the United States Munitions List
is in the national security interests of the United States; and
[[Page 126 STAT. 2019]]
(2) a report identifying and analyzing any differences
between--
(A) the recommendations and draft regulations for
controlling the export, re-export, and transfer of such
satellites and related items that were submitted in the
report to Congress required by section 1248 of the
National Defense Authorization Act for Fiscal Year 2010
(Public Law 111-84; 123 Stat. 2546); and
(B) the final regulations under which the export,
re-export, and transfer of such satellites and related
items would continue to be controlled.
(c) Prohibition.--
(1) In general.--Subject to paragraph (3), no satellites or
related items that are made subject to the Export Administration
Regulations (15 CFR part 730 et seq.) as a result of the
enactment of subsection (a) of this section, whether or not
enumerated on the Commerce Control List--
(A) may be exported, re-exported, or transferred,
directly or indirectly, to--
(i) any government of a country described in
paragraph (2); or
(ii) any entity or person in or acting for or
on behalf of such government, entity, or person;
or
(B) may be launched in a country described in
paragraph (2) or as part of a launch vehicle owned,
operated, or manufactured by the government of such
country or any entity or person in or acting for or on
behalf of such government, entity, or person.
(2) Countries described.--The countries referred to in
paragraph (1) are the following:
(A) The People's Republic of China.
(B) North Korea.
(C) Any country that is a state sponsor of
terrorism.
(3) <<NOTE: President. Deadline.>> Waiver.--The President
may waive the prohibition in paragraph (1) on a case-by-case
basis if not later than 30 days before doing so the President--
(A) <<NOTE: Determination.>> determines that it is
in the national interest of the United States to do so;
and
(B) <<NOTE: Notification.>> notifies the
appropriate congressional committees of such
determination.
(d) Presumption of Denial.--Any license or other authorization to
export satellites and related items to a country with respect to which
the United States maintains a comprehensive arms embargo shall be
subject to a presumption of denial.
(e) Report.--
(1) <<NOTE: Consultation.>> In general.--Not later than one
year after the date of the enactment of this Act, and annually
thereafter, the Director of National Intelligence, in
consultation with the Secretary of State, shall submit to the
appropriate congressional committees a report on efforts of
state sponsors of terrorism, other foreign countries, or
entities to illicitly acquire satellites and related items.
(2) Form.--The report required by paragraph (1) shall be
submitted in unclassified form, but may contain a classified
annex.
[[Page 126 STAT. 2020]]
SEC. 1262. <<NOTE: 22 USC 2778 note.>> REPORT ON LICENSES AND
OTHER AUTHORIZATIONS TO EXPORT CERTAIN
SATELLITES AND RELATED ITEMS.
(a) <<NOTE: President.>> In General.--Not later than 60 days after
the end of each calendar year through 2020, the President shall submit
to the committees of Congress specified in subsection (b) a report
summarizing all licenses and other authorizations to export satellites
and related items that are subject to the Export Administration
Regulations (15 CFR part 730 et seq.) as a result of the enactment of
section 1261(a).
(b) Committees of Congress Specified.--The committees of Congress
specified in this subsection are--
(1) the Committee on Foreign Relations, the Committee on
Banking, Housing, and Urban Affairs, and the Select Committee on
Intelligence of the Senate; and
(2) the Committee on Foreign Affairs and the Permanent
Select Committee on Intelligence of the House of
Representatives.
SEC. 1263. <<NOTE: 22 USC 2778 note.>> REPORT ON COUNTRY
EXEMPTIONS FOR LICENSING OF EXPORTS OF
CERTAIN SATELLITES AND RELATED ITEMS.
(a) <<NOTE: Consultation.>> In General.--Not later than 120 days
after the date of the enactment of this Act, the Secretary of Commerce,
in consultation with the Attorney General, the Secretary of Homeland
Security, and the heads of other Federal departments and agencies as
appropriate, shall submit to the appropriate congressional committees a
report that contains an assessment of the extent to which the terms and
conditions of exemptions for foreign countries to the licensing
requirements and other authorizations to export satellites and related
items that are subject to the Export Administration Regulations (15 CFR
part 730 et seq.) as a result of the enactment of section 1261(a)
contain strong safeguards.
(b) Matters to Be Included.--The report required by subsection (a)
shall include a description of the extent to which the terms and
conditions of exemptions described in subsection (a), including other
relevant laws, regulations, and practices, support law enforcement
efforts to detect, prevent, and prosecute criminal, administrative, and
other violations of any provision of the Export Administration
Regulations (15 CFR part 730 et seq.), including efforts on the part of
state sponsors of terrorism, organizations determined by the Secretary
of State to have provided support for international terrorism, or other
foreign countries, to acquire illicitly satellites and related items
from the United States.
SEC. 1264. <<NOTE: 22 USC 2778 note.>> END-USE MONITORING OF
CERTAIN SATELLITES AND RELATED ITEMS.
(a) <<NOTE: President.>> In General.--In order to ensure
accountability with respect to the export of satellites and related
items that become subject to the Export Administration Regulations (15
CFR part 730 et seq.) as a result of the enactment of section 1261(a),
the President shall provide for the end-use monitoring of such
satellites and related items.
(b) <<NOTE: Consultation.>> Report.--Not later than 120 days after
the date of the enactment of this Act, the Secretary of Commerce, in
consultation with the heads of other Federal departments and agencies as
appropriate, shall submit to Congress a report describing the actions
taken to implement this section, including identification of resource
[[Page 126 STAT. 2021]]
shortfalls or other constraints on effective end-use monitoring of
satellites and related items described in subsection (a).
SEC. 1265. <<NOTE: 22 USC 2778 note.>> INTERAGENCY REVIEW OF
MODIFICATIONS TO CATEGORY XV OF THE
UNITED STATES MUNITIONS LIST.
(a) <<NOTE: President.>> In General.--Subject to section 38(f) of
the Arms Export Control Act (22 U.S.C. 2778(f)), the President shall
ensure that the Secretary of State, the Secretary of Defense, the
Secretary of Commerce and, as appropriate, the Director of National
Intelligence and the heads of other appropriate Federal departments and
agencies, will review any removal or addition of an item to Category XV
of the United States Munitions List (relating to spacecraft systems and
associated equipment).
(b) <<NOTE: Applicability.>> Effective Date.--The requirement of
subsection (a) shall apply with respect to any item described in
subsection (a) that is proposed to be removed or added to Category XV of
the United States Munitions List on or after the date of the enactment
of this Act.
SEC. 1266. <<NOTE: 22 USC 2778 note. Applicability.>> RULES OF
CONSTRUCTION.
(a) In General.--Subtitle B of title XV of the Strom Thurmond
National Defense Authorization Act for Fiscal Year 1999 (Public Law 105-
261; 112 Stat. 2173; 22 U.S.C. 2778 note) shall continue to apply to
satellites and related items that are subject to the Export
Administration Regulations (15 CFR part 730 et seq.) as a result of the
enactment of section 1261(a).
(b) Additional Rule.--Nothing in this subtitle or any amendment made
by this subtitle shall be construed as removing or limiting the
authorities of the President under subsection (a) or (b) of section 1514
of the Strom Thurmond National Defense Authorization Act for Fiscal Year
1999 (Public Law 105-261; 112 Stat. 2175; 22 U.S.C. 2778 note) with
respect to defense articles and defense services that remain subject to
the jurisdiction of the International Traffic in Arms Regulations.
SEC. 1267. <<NOTE: 22 USC 2778 note.>> DEFINITIONS.
In this subtitle:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations, the
Committee on Banking, Housing, and Urban Affairs, the
Committee on Armed Services, and the Select Committee on
Intelligence of the Senate; and
(B) the Committee on Foreign Affairs, the Committee
on Armed Services, and the Permanent Select Committee on
Intelligence of the House of Representatives.
(2) State sponsor of terrorism.--The term ``state sponsor of
terrorism'' means any country the government of which the
Secretary of State has determined has repeatedly provided
support for international terrorism pursuant to--
(A) section 6(j) of the Export Administration Act of
1979 (50 U.S.C. App. 2405) (as continued in effect under
the International Emergency Economic Powers Act);
(B) section 620A of the Foreign Assistance Act of
1961 (22 U.S.C. 2371);
(C) section 40 of the Arms Export Control Act (22
U.S.C. 2780); or
(D) any other provision of law.
[[Page 126 STAT. 2022]]
(3) United states munitions list.--The term ``United States
Munitions List'' means the list referred to in section 38(a)(1)
of the Arms Export Control Act (22 U.S.C. 2778(a)(1)).
Subtitle F--Other Matters
SEC. 1271. ADDITIONAL ELEMENTS IN ANNUAL REPORT ON MILITARY AND
SECURITY DEVELOPMENTS INVOLVING THE
PEOPLE'S REPUBLIC OF CHINA.
Section 1202(b) of the National Defense Authorization Act for Fiscal
Year 2000 (Public Law 106-65; 10 U.S.C. 113 note) is amended--
(1) by amending paragraph (9) to read as follows:
``(9) Developments in China's asymmetric capabilities,
including its strategy and efforts to develop and deploy
cyberwarfare and electronic warfare capabilities, details on the
number of malicious cyber incidents originating from China
against Department of Defense infrastructure, and associated
activities originating or suspected of originating from
China.'';
(2) by redesignating paragraphs (10), (11),and (12) as
paragraphs (15), (16), and (17) respectively;
(3) by inserting after paragraph (9) the following new
paragraphs:
``(10) The strategy and capabilities of Chinese space and
counterspace programs, including trends, global and regional
activities, the involvement of military and civilian
organizations, including state-owned enterprises, academic
institutions, and commercial entities, and efforts to develop,
acquire, or gain access to advanced technologies that would
enhance Chinese military capabilities.
``(11) Developments in China's nuclear program, including
the size and state of China's stockpile, its nuclear strategy
and associated doctrines, its civil and military production
capacities, and projections of its future arsenals.
``(12) A description of China's anti-access and area denial
capabilities.
``(13) A description of China's command, control,
communications, computers, intelligence, surveillance, and
reconnaissance modernization program and its applications for
China's precision guided weapons.
``(14) A description of the roles and activities of the
People's Liberation Army Navy and those of China's paramilitary
and maritime law enforcement vessels, including their response
to United States naval activities.''; and
(4) by adding after paragraph (17), as redesignated by
paragraph (2) of this section, the following new paragraphs:
``(18) A description of Chinese military-to-military
relationships with other countries, including the size and
activity of military attache offices around the world and
military education programs conducted in China for other
countries or in other countries for the Chinese.
``(19) A description of any significant sale or transfer of
military hardware, expertise, and technology to or from the
People's Republic of China, including a forecast of possible
future sales and transfers, a description of the implications of
those sales and transfers for the security of the United
[[Page 126 STAT. 2023]]
States and its partners and allies in Asia, and a description of
any significant assistance to and from any selling state with
military-related research and development programs in China.''.
SEC. 1272. NATO SPECIAL OPERATIONS HEADQUARTERS.
(a) In General.--Subsection (a) of section 1244 of the National
Defense Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123
Stat. 2541), as amended by section 1242 of the Ike Skelton National
Defense Authorization Act for Fiscal Year 2011 (Public Law 111-383; 124
Stat. 4405), is further amended--
(1) by striking ``fiscal year 2011'' and inserting ``each of
fiscal years 2013, 2014, and 2015'';
(2) by striking ``section 301(1)'' and inserting ``section
301''; and
(3) by inserting ``for such fiscal year'' after
``$50,000,000''.
(b) <<NOTE: 22 USC 1928 note.>> Annual Report.--Such section, as so
amended, is further amended by adding at the end the following:
``(d) Annual Report.--Not later than March 1 of each year, the
Secretary of Defense shall submit to the congressional defense
committees a report regarding support for the NSHQ. Each report shall
include the following:
``(1) The total amount of funding provided by the United
States and other NATO nations to the NSHQ for operating costs of
the NSHQ.
``(2) A description of the activities carried out with such
funding, including--
``(A) the amount of funding allocated for each such
activity;
``(B) the extent to which other NATO nations
participate in each such activity;
``(C) the extent to which each such activity is
designed to meet the purposes set forth in paragraphs
(1) through (5) of subsection (b); and
``(D) an assessment of the extent to which each such
activity will promote the mission of the NSHQ.
``(3) Other contributions, financial or in kind, provided by
the United States and other NATO nations in support of the NSHQ.
``(4) Any other matters that the Secretary of Defense
considers appropriate.''.
SEC. 1273. <<NOTE: 22 USC 2421f.>> SUSTAINABILITY REQUIREMENTS
FOR CERTAIN CAPITAL PROJECTS IN
CONNECTION WITH OVERSEAS CONTINGENCY
OPERATIONS.
(a) Limitation.--
(1) <<NOTE: Effective date. Consultation. Assessment.>> In
general.--Commencing 60 days after the date of the enactment of
this Act--
(A) amounts authorized to be appropriated for the
Department of Defense may not be obligated or expended
for a capital project described in subsection (b) unless
the Secretary of Defense, in consultation with the
United States commander of military operations in the
country in which the project will be carried out,
completes an assessment on the necessity and
sustainability of the project;
(B) amounts authorized to be appropriated for the
Department of State may not be obligated or expended for
a capital project described in subsection (b) unless the
[[Page 126 STAT. 2024]]
Secretary of State, in consultation with the Chief of
Mission in the country in which the project will be
carried out, completes an assessment on the necessity
and sustainability of the project; and
(C) amounts authorized to be appropriated for the
United States Agency for International Development may
not be obligated or expended for a capital project
described in subsection (b) unless the Administrator of
the United States Agency for International Development,
in consultation with the Mission Director and the Chief
of Mission in the country in which the project will be
carried out, completes an assessment on the necessity
and sustainability of the project.
(2) Elements.--Each assessment on a capital project under
this subsection shall include, but not be limited to, the
following:
(A) An estimate of the total cost of the completed
project to the United States.
(B) An estimate of the financial and other
requirements necessary for the host government to
sustain the project on an annual basis after completion
of the project.
(C) An assessment whether the host government has
the capacity (in both financial and human resources) to
maintain and use the project after completion.
(D) A description of any arrangements for the
sustainment of the project following its completion if
the host government lacks the capacity (in financial or
human resources) to maintain the project.
(E) An assessment whether the host government has
requested or expressed its need for the project, and an
explanation of the decision to proceed with the project
absent such request or need.
(F) An assessment by the Secretary of Defense, where
applicable, of the effect of the project on the military
mission of the United States in the country concerned.
(b) Covered Capital Projects.--
(1) In general.--Except as provided in paragraph (2), a
capital project described in this subsection is any capital
project overseas for an overseas contingency operation for the
benefit of a host country and funded by the Department of
Defense, the Department of State, or the United States Agency
for International Development, as applicable, if the capital
project--
(A) in the case of a project that directly supports
building the capacity of indigenous security forces in
the host country, has an estimated value in excess of
$10,000,000;
(B) in the case of any project not covered by
subparagraph (A) that is to be funded by the Department
of State or the United States Agency for International
Development, has an estimated value in excess of
$5,000,000; or
(C) in the case of any other project, has an
estimated value in excess of $2,000,000.
(2) Exclusion.--A capital project described in this
subsection does not include any project for military
construction (as that term is defined in section 114(b) of title
10, United
[[Page 126 STAT. 2025]]
States Code) or a military family housing project under section
2821 of such title.
(c) <<NOTE: Determination.>> Waiver.--The Secretary of Defense, the
Secretary of State, or the Administrator of the United States Agency for
International Development, as applicable, may waive the limitation in
subsection (a) in order to initiate a capital project if such Secretary
or the Administrator, as the case may be, determines that the project is
in the national security, diplomatic, or humanitarian interests of the
United States. In the first report submitted under subsection (d) after
any waiver under this subsection, such Secretary or the Administrator
shall include a detailed justification of such waiver. Not later than 90
days after issuing a waiver under this subsection, such Secretary or the
Administrator shall submit to the appropriate committees of Congress the
assessment described in subsection (a) with respect to the capital
project concerned.
(d) Semi-annual Reports.--
(1) In general.--Not later than 30 days after the end of any
fiscal-year half-year in which the Secretary of Defense, the
Secretary of State, or the Administrator of the United States
Agency for International Development conducts an assessment
under subsection (a), such Secretary or the Administrator, as
the case may be, shall submit to the appropriate committees of
Congress a report setting forth each assessment so conducted
during such fiscal-year half-year, including the elements of
each capital project so assessed specified in subsection (a)(2).
(2) Additional elements.--In addition to the matters
provided for in paragraph (1), each report under that paragraph
shall include the following:
(A) For each capital project covered by such report,
an evaluation (other than by amount of funds expended)
of the effectiveness of such project, including, at a
minimum, the following:
(i) The stated goals of the project.
(ii) The actions taken to assess and verify
whether the project has met the stated goals of
the project or is on track to meet such goals when
completed.
(iii) The current and anticipated levels of
involvement of local governments, communities, and
individuals in the project.
(B) For each country or region in which a capital
project covered by such report is being carried out, an
assessment of the current and anticipated risks of
corruption or fraud in connection with such project.
(3) Form.--Each report shall be submitted in unclassified
form, but may include a classified annex.
(e) Definitions.--In this section:
(1) The term ``appropriate committees of Congress'' means--
(A) the Committee on Armed Services, the Committee
on Foreign Relations, the Committee on Homeland Security
and Governmental Affairs, and the Committee on
Appropriations of the Senate; and
(B) the Committee on Armed Services, the Committee
on Foreign Affairs, the Committee on Oversight and
Government Reform, and the Committee on Appropriations
of the House of Representatives.
[[Page 126 STAT. 2026]]
(2) The term ``capital project'' has the meaning given that
term in section 308 of the Aid, Trade, and Competitiveness Act
of 1992 (22 U.S.C. 2421e).
(3) The term ``overseas contingency operation'' means a
military operation outside the United States and its territories
and possessions that is a contingency operation (as that term is
defined in section 101(a)(13) of title 10, United States Code).
SEC. 1274. <<NOTE: 10 USC 2350a note.>> ADMINISTRATION OF THE
AMERICAN, BRITISH, CANADIAN, AND
AUSTRALIAN ARMIES' PROGRAM.
(a) Authority.--As part of the participation by the United States in
the land-force program known as the American, British, Canadian, and
Australian Armies' Program (in this section referred to as the
``Program''), the Secretary of Defense may, with the concurrence of the
Secretary of State, enter into agreements with the other participating
countries in accordance with this section, and the Program shall be
managed pursuant to a joint agreement among the participating countries.
(b) Participating Countries.--In addition to the United States, the
countries participating in the Program are the following:
(1) Australia.
(2) Canada.
(3) New Zealand.
(4) The United Kingdom.
(c) Contributions by Participants.--
(1) In general.--An agreement under subsection (a) shall
provide that each participating country shall contribute to the
Program--
(A) its equitable share of the full cost for the
Program, including the full cost of overhead and
administrative costs related to the Program; and
(B) any amount allocated to it in accordance with
the agreement for the cost for monetary claims asserted
against any participating country as a result of
participation in the Program.
(2) Additional authorized contribution.--Such an agreement
shall also provide that each participating country (including
the United States) may provide its contribution for its
equitable share under the agreement in funds, in personal
property, or in services required for the Program (or in any
combination thereof).
(3) Funding for united states contribution.--Any
contribution by the United States to the Program that is
provided in funds shall be made from funds available to the
Department of Defense for operation and maintenance.
(4) Treatment of contributions received from other
countries.--Any contribution received by the United States from
another participating country to meet that country's share of
the costs of the Program shall be credited to appropriations
available to the Department of Defense, as determined by the
Secretary of Defense. The amount of a contribution credited to
an appropriation account in connection with the Program shall be
available only for payment of the share of the Program expenses
allocated to the participating country making the contribution.
Amounts so credited shall be available for the following
purposes:
[[Page 126 STAT. 2027]]
(A) Payments to contractors and other suppliers
(including the Department of Defense and participating
countries acting as suppliers) for necessary goods and
services of the Program.
(B) Payments for any damages and costs resulting
from the performance or cancellation of any contract or
other obligation in support of the Program.
(C) Payments for any monetary claim against a
participating country as a result of the participation
of that country in the Program.
(D) Payments or reimbursements of other Program
expenses, including overhead and administrative costs
for any administrative office for the Program.
(E) Refunds to other participating countries.
(5) Costs of operation of offices established for program.--
Costs for the operation of any office established to carry out
the Program shall be borne jointly by the participating
countries as provided for in an agreement referred to in
subsection (a).
(d) Authority To Contract for Program Activities.--As part of the
participation by the United States in the Program, the Secretary of
Defense may enter into contracts or incur other obligations on behalf of
the other participating countries for activities under the Program. Any
payment for such a contract or other obligation under this subsection
may be paid only from contributions credited to an appropriation under
subsection (c)(4).
(e) Disposal of Property.--As part of the participation by the
United States in the Program, the Secretary of Defense may, with respect
to any property that is jointly acquired by the countries participating
in the Program, agree to the disposal of the property without regard to
any law of the United States that is otherwise applicable to the
disposal of property owned by the United States. Such disposal may
include the transfer of the interest of the United States in the
property to one or more of the other participating countries or the sale
of the property. Reimbursement for the value of the property disposed of
(including the value of the interest of the United States in the
property) shall be made in accordance with an agreement under subsection
(a).
(f) Reports.--Not later than 60 days before the expiration date of
any agreement under subsection (a), the Secretary of Defense shall
submit to the Committees on Armed Services of the Senate and the House
of Representatives a report on the activities, costs, and
accomplishments of the Program during the five-year period ending on the
date of such report.
(g) Sunset.--Any agreement entered into by the United States with
another country under subsection (a), and United States participation in
the joint agreement described in that subsection, shall expire not later
than five years after the date of the enactment of this Act.
SEC. 1275. <<NOTE: 10 USC 113 note.>> UNITED STATES PARTICIPATION
IN HEADQUARTERS EUROCORPS.
(a) Participation Authorized.--The Secretary of Defense may, with
the concurrence of the Secretary of State, authorize the participation
of members of the Armed Forces as members of the staff of Headquarters
Eurocorps for the purpose of supporting the North
[[Page 126 STAT. 2028]]
Atlantic Treaty Organization (NATO) activities of the NATO Rapid
Deployable Corps Eurocorps.
(b) Memorandum of Understanding.--
(1) Requirement.--The participation of members of the Armed
Forces as members of the staff of Headquarters Eurocorps shall
be in accordance with the terms of one or more memoranda of
understanding entered into by the Secretary of Defense, with the
concurrence of the Secretary of State, and Headquarters
Eurocorps.
(2) Cost-sharing arrangements.--If Department of Defense
facilities, equipment, or funds are used to support Headquarters
Eurocorps, the memoranda of understanding under paragraph (1)
shall provide details of any cost-sharing arrangement or other
funding arrangement.
(c) Limitation on Number of Members Participating as Staff.--Not
more than <<NOTE: Reports.>> two members of the Armed Forces may
participate as members of the staff of Headquarters Eurocorps, until the
Secretary of Defense submits to the Committees on Armed Services of the
Senate and the House of Representatives a report setting forth the
following:
(1) <<NOTE: Certification.>> A certification by the
Secretary of Defense that the participation of more than two
members of the Armed Forces in Headquarters Eurocorps is in the
national interests of the United States.
(2) A description of the benefits of the participation of
the additional members proposed by the Secretary.
(3) A description of the plans for the participation of the
additional members proposed by the Secretary, including the
grades and posts to be filled.
(4) A description of the costs associated with the
participation of the additional members proposed by the
Secretary.
(d) Notice on Participation of Number of Members Above Certain
Ceiling.--Not more than 10 members of the Armed Forces may participate
as members of the staff of Headquarters Eurocorps unless the Secretary
of Defense submits to the Committees on Armed Services of the Senate and
the House of Representatives a notice that the number of members so
participating will exceed 10 members.
(e) Availability of Appropriated Funds.--
(1) Availability.--Funds appropriated to the Department of
Defense for operation and maintenance are available as follows:
(A) To pay the United States' share of the operating
expenses of Headquarters Eurocorps.
(B) To pay the costs of the participation of members
of the Armed Forces participating as members of the
staff of Headquarters Eurocorps, including the costs of
expenses of such participants.
(2) Limitation.--No funds may be used under this section to
fund the pay or salaries of members of the Armed Forces who
participate as members of the staff of the Headquarters, North
Atlantic Treaty Organization (NATO) Rapid Deployable Corps under
this section.
(f) Headquarters Eurocorps Defined.--In this section, the term
``Headquarters Eurocorps'' refers to the multinational military
headquarters, established on October 1, 1993, which is one of the
[[Page 126 STAT. 2029]]
High Readiness Forces (Land) associated with the Allied Rapid Reaction
Corps of NATO.
SEC. 1276. <<NOTE: 10 USC 2350c note.>> DEPARTMENT OF DEFENSE
PARTICIPATION IN EUROPEAN PROGRAM ON
MULTILATERAL EXCHANGE OF AIR
TRANSPORTATION AND AIR REFUELING
SERVICES.
(a) Participation Authorized.--
(1) In general.--The Secretary of Defense may, with the
concurrence of the Secretary of State, authorize the
participation of the United States in the Air Transport, Air-to-
Air Refueling and other Exchanges of Services program (in this
section referred to as the ``ATARES program'') of the Movement
Coordination Centre Europe.
(2) Scope of participation.--Participation in the ATARES
program under paragraph (1) shall be limited to the reciprocal
exchange or transfer of air transportation and air refueling
services on a reimbursable basis or by replacement-in-kind or
the exchange of air transportation or air refueling services of
an equal value.
(3) Limitations.--The United States' balance of executed
flight hours, whether as credits or debits, in participation in
the ATARES program under paragraph (1) may not exceed 500 hours.
The United States' balance of executed flight hours for air
refueling in the ATARES program under paragraph (1) may not
exceed 200 hours.
(b) Written Arrangement or Agreement.--
(1) Arrangement or agreement required.--The participation of
the United States in the ATARES program under subsection (a)
shall be in accordance with a written arrangement or agreement
entered into by the Secretary of Defense, with the concurrence
of the Secretary of State, and the Movement Coordination Centre
Europe.
(2) Funding arrangements.--If Department of Defense
facilities, equipment, or funds are used to support the ATARES
program, the written arrangement or agreement under paragraph
(1) shall specify the details of any equitable cost sharing or
other funding arrangement.
(3) Other elements.--Any written arrangement or agreement
entered into under paragraph (1) shall require that any accrued
credits and liabilities resulting from an unequal exchange or
transfer of air transportation or air refueling services shall
be liquidated, not less than once every five years, through the
ATARES program.
(c) Implementation.--In carrying out any written arrangement or
agreement entered into under subsection (b), the Secretary of Defense
may--
(1) pay the United States' equitable share of the operating
expenses of the Movement Coordination Centre Europe and the
ATARES consortium from funds available to the Department of
Defense for operation and maintenance; and
(2) assign members of the Armed Forces or Department of
Defense civilian personnel, from among members and personnel
within billets authorized for the United States European
Command, to duty at the Movement Coordination Centre Europe as
necessary to fulfill the United States' obligations under that
arrangement or agreement.
[[Page 126 STAT. 2030]]
(d) Crediting of Receipts.--Any amount received by the United States
in carrying out a written arrangement or agreement entered into under
subsection (b) shall be credited, as elected by the Secretary of
Defense, to the following:
(1) The appropriation, fund, or account used in incurring
the obligation for which such amount is received.
(2) An appropriation, fund, or account currently available
for the purposes for which such obligation was made.
(e) Annual Secretary of Defense Reports.--Not later than 30 days
after the end of each fiscal year in which the authority provided by
this section is in effect, the Secretary of Defense shall submit to the
congressional defense committees a report on United States participation
in the ATARES program during such fiscal year. Each report shall include
the following:
(1) The United States balance of executed flight hours at
the end of the fiscal year covered by such report.
(2) The types of services exchanged or transferred during
the fiscal year covered by such report.
(3) A description of any United States costs under the
written arrangement or agreement under subsection (b)(1) in
connection with the use of Department of Defense facilities,
equipment, or funds to support the ATARES program under that
subsection as provided by subsection (b)(2).
(4) A description of the United States' equitable share of
the operating expenses of the Movement Coordination Centre
Europe and the ATARES consortium paid under subsection (c)(1).
(5) A description of any amounts received by the United
States in carrying out a written arrangement or agreement
entered into under subsection (b).
(f) Comptroller General of United States Report.--Not later than one
year after the date of the enactment of this Act, the Comptroller
General of the United States shall submit to the congressional defense
committees a report on the ATARES program. The report shall set forth
the assessment of the Comptroller General of the program, including the
types of services available under the program, whether the program is
achieving its intended purposes, and, on the basis of actual cost data
from the performance of the program, the cost-effectiveness of the
program.
(g) Expiration.--The authority provided by this section to
participate in the ATARES program shall expire five years after the date
on which the Secretary of Defense first enters into a written
arrangement or agreement under subsection (b). <<NOTE: Publication. Web
posting.>> The Secretary shall publish notice of such date on a public
website of the Department of Defense.
SEC. 1277. PROHIBITION ON USE OF FUNDS TO ENTER INTO CONTRACTS OR
AGREEMENTS WITH ROSOBORONEXPORT.
(a) Prohibition.--None of the funds authorized to be appropriated by
this Act may be used to enter into a contract, memorandum of
understanding, or cooperative agreement with, to make a grant to, or to
provide a loan or loan guarantee to Rosoboronexport.
(b) <<NOTE: Determination.>> National Security Waiver Authority.--
The Secretary of Defense may waive the applicability of subsection (a)
if the Secretary determines that such a waiver is in the national
security interests of the United States.
[[Page 126 STAT. 2031]]
SEC. 1278. SENSE OF CONGRESS ON IRON DOME SHORT-RANGE ROCKET
DEFENSE SYSTEM.
Congress--
(1) reaffirms its commitment to the security of our ally and
strategic partner, Israel;
(2) fully supports Israel's right to defend itself against
acts of terrorism;
(3) sympathizes with the families of Israelis who have come
under the indiscriminate rocket fire from Hamas-controlled Gaza;
(4) recognizes the exceptional success of the Iron Dome
short-range rocket defense system in defending the population of
Israel;
(5) desires to help ensure that Israel has the means to
defend itself against terrorist attacks, including through the
procurement of additional Iron Dome batteries and interceptors;
and
(6) urges the Department of Defense and the Department of
State to explore with their Israeli counterparts and alert
Congress of any requirements the Israeli Defense Force may have
for additional Iron Dome batteries, interceptors, or other
equipment depleted during the recent conflict with Hamas-
controlled Gaza.
SEC. 1279. BILATERAL DEFENSE TRADE RELATIONSHIP WITH INDIA.
(a) Report.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall, in
coordination with the Secretary of State, submit to the
appropriate committees of Congress a report on the prospects for
expanding defense trade between the United States and India
within the context of their bilateral defense relationship.
(2) Elements.--The report required by paragraph (1) shall
include the following:
(A) An assessment of the policies of the United
States for enhancing cooperation and coordination
between the Government of the United States and the
Government of India on matters of shared security
interests.
(B) A description of the policies of the United
States for expanding defense trade with India.
(C) An assessment of the opportunities and
challenges for expanding security ties between the
United States and India, including those opportunities
and challenges associated with defense trade relations.
(D) The findings and conclusions of the
comprehensive policy review required by subsection (b).
(b) Comprehensive Policy Review.--The Secretary of Defense shall, in
coordination with the Secretary of State, conduct a comprehensive policy
review--
(1) to examine the feasibility of engaging in co-production
and co-development defense projects with India; and
(2) to consider potential areas of cooperation to engage in
co-production and co-development defense projects with India
that are aligned with United States national security
objectives.
(c) Appropriate Committees of Congress Defined.--In this section,
the term the term ``appropriate committees of Congress'' means--
[[Page 126 STAT. 2032]]
(1) the Committee on Armed Services and the Committee on
Foreign Relations of the Senate; and
(2) the Committee on Armed Services and the Committee on
Foreign Affairs of the House of Representatives.
SEC. 1280. UNITED STATES ADVISORY COMMISSION ON PUBLIC DIPLOMACY.
(a) Technical Amendment.--Section 604(a)(1) of the United States
Information and Educational Exchange Act of 1948 (22 U.S.C. 1469(a)(1))
is amended by inserting ``(referred to in this section as the
`Commission')'' before the period at the end.
(b) Duties and Responsibilities.--Section 604(c) of such Act is
amended to read as follows:
``(c) Duties and Responsibilities.--The Commission shall appraise
United States Government activities intended to understand, inform, and
influence foreign publics. The activities described in this subsection
shall be referred to in this section as `public diplomacy
activities'.''.
(c) Reports.--Section 604(d) of such Act is amended to read as
follows:
``(d) Reports.--
``(1) Comprehensive annual report.--
``(A) In general.--Not less frequently than
annually, the Commission shall submit a comprehensive
report on public diplomacy and international
broadcasting activities to Congress, the President, and
the Secretary of State. This report shall include--
``(i) a detailed list of all public diplomacy
activities funded by the United States Government;
``(ii) a description of--
``(I) the purpose, means, and
geographic scope of each activity;
``(II) when each activity was
started;
``(III) the amount of Federal
funding expended on each activity;
``(IV) any significant outside
sources of funding; and
``(V) the Federal department or
agency to which the activity belongs;
``(iii) the international broadcasting
activities under the direction of the Broadcasting
Board of Governors;
``(iv) an assessment of potentially
duplicative public diplomacy and international
broadcasting activities; and
``(v) for any activities determined to be
ineffective or results not demonstrated under
subparagraph (B), recommendations on existing
effective or moderately effective public diplomacy
activities that could be augmented to carry out
the objectives of the ineffective activities.
``(B) Effectiveness assessment.--In evaluating the
public diplomacy and international broadcasting
activities described in subparagraph (A), the Commission
shall conduct an assessment that considers the public
diplomacy target impact, the achieved impact, and the
cost of public diplomacy activities and international
broadcasting. The
[[Page 126 STAT. 2033]]
assessment shall include, if practicable, an appropriate
metric such as `cost-per-audience' or `cost-per-student'
for each activity. Upon the completion of the
assessment, the Commission shall assign a rating of--
``(i) `effective' for activities that--
``(I) set appropriate goals and
achieve all or most of the desired
results;
``(II) are well-managed; and
``(III) are cost efficient;
``(ii) `moderately effective' for activities
that--
``(I) set appropriate goals and
achieve some desired results;
``(II) are generally well-managed;
and
``(III) need to improve their cost
efficiency, including reducing overhead;
``(iii) `ineffective' for activities that--
``(I) lack appropriate goals or fail
to achieve stated goals or desired
results;
``(II) are not well-managed; or
``(III) are not cost efficient, such
as through insufficient use of available
resources to achieve stated goals or
desired results, or have excessive
overhead; and
``(iv) `results not demonstrated' for
activities that--
``(I) do not have acceptable
performance public diplomacy metrics for
measuring results; or
``(II) are unable or failed to
collect data to determine if they are
effective.
``(2) Other reports.--
``(A) In general.--The Commission shall submit other
reports, including working papers, to Congress, the
President, and the Secretary of State at least semi-
annually on other activities and policies related to
United States public diplomacy.
``(B) <<NOTE: Public information. Web posting.>>
Availability.--The Commission shall make the reports
submitted pursuant to subparagraph (A) publicly
available on the website of the Commission to develop a
better understanding of, and support for, public
diplomacy activities.
``(3) Access to information.--The Secretary of State shall
ensure that the Commission has access to all appropriate
information to carry out its duties and responsibilities under
this subsection.''.
(d) Reauthorization.--
(1) In general.--Section 1334 of the Foreign Affairs Reform
and Restructuring Act of 1998 (22 U.S.C. 6553) is amended by
striking ``October 1, 2010'' and inserting ``October 1, 2015''.
(2) <<NOTE: 22 USC 6553 note.>> Retroactivity of effective
date.--The amendment made by paragraph (1) shall take effect on
October 1, 2010.
(e) Funding.--There is authorized to be appropriated such sums as
may be necessary for the United States Advisory Commission on Public
Diplomacy to carry out section 604 of the United States Information and
Educational Exchange Act of 1948 (22 U.S.C. 1469), as amended by this
section.
[[Page 126 STAT. 2034]]
SEC. 1281. SENSE OF CONGRESS ON SALE OF AIRCRAFT TO TAIWAN.
It is the sense of Congress that--
(1) the Taiwan Relations Act (Public Law 96-8) codified the
basis for commercial, cultural, and other relations between the
people of the United States and the people of Taiwan;
(2) the Taiwan Relations Act states that ``the United States
will make available to Taiwan such defense articles and defense
services in such quantity as may be necessary to enable Taiwan
to maintain a sufficient self-defense capability'', and that
``both the President and the Congress shall determine the nature
and quantity of such defense articles and services based solely
upon their judgment on the needs of Taiwan, in accordance with
procedures established by law'';
(3) the United States, in accordance with the Taiwan
Relations Act, should continue to make available to Taiwan such
defense articles and services as may be necessary for Taiwan to
maintain a sufficient self-defense capability;
(4) notwithstanding the upgrade of Taiwan's F-16 A/B
aircraft, Taiwan will experience a growing shortfall in fighter
aircraft, particularly as its F-5 aircraft are retired from
service; and
(5) the President should take steps to address Taiwan's
shortfall in fighter aircraft, whether through the sale of F-16
C/D aircraft or other aircraft of similar capability, as may be
necessary to enable Taiwan to maintain a sufficient self-defense
capability.
SEC. 1282. <<NOTE: 22 USC 5951 note.>> BRIEFINGS ON DIALOGUE
BETWEEN THE UNITED STATES AND THE
RUSSIAN FEDERATION ON NUCLEAR ARMS,
MISSILE DEFENSE SYSTEMS, AND LONG-RANGE
CONVENTIONAL STRIKE SYSTEMS.
(a) <<NOTE: Deadline. President.>> Briefings.--Not later than 60
days after the date of the enactment of this Act, and not less than
twice each year thereafter, the President, or the President's designee,
shall brief the Committee on Foreign Relations and the Committee on
Armed Services of the Senate on the dialogue between the United States
and the Russian Federation on issues related to limits or controls on
nuclear arms, missile defense systems, or long-range conventional strike
systems.
(b) Sense of Congress on Certain Agreements.--It is the sense of
Congress that any agreement between the United States and the Russian
Federation related to nuclear arms, missile defense systems, or long-
range conventional strike systems obligating the United States to reduce
or limit the Armed Forces or armaments of the United States in any
militarily significant manner may be made only pursuant to the treaty-
making power of the President as set forth in Article II, section 2,
clause 2 of the Constitution of the United States.
(c) Rule of Construction.--Nothing in this section shall be
construed to be inconsistent with or to interfere with the practices,
precedents, or oversight of the House of Representatives.
[[Page 126 STAT. 2035]]
SEC. 1283. SENSE OF CONGRESS ON EFFORTS TO REMOVE OR APPREHEND
JOSEPH KONY FROM THE BATTLEFIELD AND END
THE ATROCITIES OF THE LORD'S RESISTANCE
ARMY.
Consistent with the Lord's Resistance Army Disarmament and Northern
Uganda Recovery Act of 2009 (Public Law 111-172), it is the sense of the
Congress that--
(1) the ongoing United States advise and assist operation to
support the regional governments in Africa in their ongoing
efforts to remove or apprehend Joseph Kony and his top
commanders from the battlefield and end atrocities perpetuated
by his Lord's Resistance Army should continue as appropriate to
achieve the goals of the operation;
(2) the Secretary of Defense should provide intelligence,
surveillance, and reconnaissance assets, as authorized to be
appropriated by other provisions of this Act, to support the
ongoing efforts of United States Special Operations Forces to
advise and assist regional partners as they conduct operations
against the Lord's Resistance Army in Central Africa;
(3) United States and regional African forces should
increase their operational coordination on efforts to remove or
apprehend Joseph Kony from the battlefield and end the
atrocities of the Lord's Resistance Army; and
(4) the regional governments should recommit themselves to
the Regional Cooperation Initiative for the Elimination of the
Lord's Resistance Army authorized by the African Union.
SEC. 1284. <<NOTE: President. Congo. 50 USC 1701 note.>>
IMPOSITION OF SANCTIONS WITH RESPECT TO
SUPPORT FOR THE REBEL GROUP KNOWN AS
M23.
(a) Blocking of Assets.--
(1) In general.--The Secretary of the Treasury shall,
pursuant to the International Emergency Economic Powers Act (50
U.S.C. 1701 et seq.) or Executive Order 13413 (74 Fed. Reg.
64105; relating to blocking property of certain persons
contributing to the conflict in the Democratic Republic of the
Congo), block and prohibit all transactions in all property and
interests in property of a person described in subsection (c) if
such property and interests in property are in the United
States, come within the United States, or are or come within the
possession or control of a United States person.
(2) Exception.--
(A) In general.--The requirement to block and
prohibit all transactions in all property and interests
in property under paragraph (1) shall not include the
authority to impose sanctions on the importation of
goods.
(B) Good defined.--In this paragraph, the term
``good'' has the meaning given that term in section 16
of the Export Administration Act of 1979 (50 U.S.C. App.
2415) (as continued in effect pursuant to the
International Emergency Economic Powers Act (50 U.S.C.
1701 et seq.)).
(b) Visa Ban.--The Secretary of State shall deny a visa to, and the
Secretary of Homeland Security shall exclude from the United States, any
alien who is a person described in subsection (c).
(c) <<NOTE: President. Determination.>> Persons Described.--A
person described in this subsection is a person that the President
determines provides, on or after the date of the enactment of this Act,
significant financial, material, or technological support to M23.
[[Page 126 STAT. 2036]]
(d) Waiver.--The President may waive the application of this section
with respect to a person if the President determines and reports to the
appropriate congressional committees that the waiver is in the national
interest of the United States.
(e) <<NOTE: Determination. Reports.>> Termination of Sanctions.--
Sanctions imposed under this section may terminate 15 days after the
date on which the President determines and reports to the appropriate
congressional committees that the person covered by such determination
has terminated the provision of significant financial, material, and
technological support to M23.
(f) <<NOTE: Determination. Reports.>> Termination of Section.--This
section shall terminate on the date that is 15 days after the date on
which the President determines and reports to the appropriate
congressional committees that M23 is no longer a significant threat to
peace and security in the Democratic Republic of the Congo.
(g) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Banking, Housing, and Urban
Affairs, the Committee on Armed Services, and the
Committee on Foreign Relations of the Senate; and
(B) the Committee on Financial Services, the
Committee on Armed Services, and the Committee on
Foreign Affairs of the House of Representatives.
(2) M23.--The term ``M23'' refers to the rebel group known
as M23 operating in the Democratic Republic of the Congo that
derives its name from the March 23, 2009, agreement between the
Government of the Democratic Republic of the Congo and the
National Congress for the Defense of the People (or any
successor group).
(3) United states person.--The term ``United States person''
means--
(A) an individual who is a United States citizen or
an alien lawfully admitted for permanent residence to
the United States; or
(B) an entity organized under the laws of the United
States or of any jurisdiction within the United States.
SEC. 1285. <<NOTE: 22 USC 2753 note.>> PILOT PROGRAM ON REPAIR,
OVERHAUL, AND REFURBISHMENT OF DEFENSE
ARTICLES FOR SALE OR TRANSFER TO
ELIGIBLE FOREIGN COUNTRIES AND ENTITIES.
(a) Pilot Program Authorized.--The Secretary of Defense may carry
out a pilot program to repair, overhaul, or refurbish in-stock defense
articles in anticipation of the sale or transfer of such defense
articles to eligible foreign countries or international organizations
under law.
(b) Fund for Support of Program Authorized.--The Secretary of
Defense may establish and administer a fund to be known as the ``Special
Defense Repair Fund'' (in this section referred to as the ``Fund'') to
support the program authorized by subsection (a).
(c) Credits to Fund.--
(1) In general.--Subject to paragraphs (2) and (3), the
following shall be credited to the Fund:
(A) Such amounts, not to exceed $50,000,000, from
amounts authorized to be appropriated for overseas
contingency operations for fiscal year 2013 as the
Secretary of
[[Page 126 STAT. 2037]]
Defense considers appropriate, and reprogrammed under a
reprogramming authority provided by another provision of
this Act or by other law.
(B) Notwithstanding section 114(c) of title 10,
United States Code, any collection from the sale or
transfer of defense articles from Department of Defense
stocks repaired, overhauled, or refurbished with amounts
from the Fund that are not intended to be replaced which
sale or transfer is made pursuant to section 21(a)(1)(A)
of the Arms Export Control Act (22 U.S.C.
2761(a)(1)(A)), the Foreign Assistance Act of 1961 (22
U.S.C. 2151 et seq.), or another provision of law.
(C) Notwithstanding section 37(a) of the Arms Export
Control Act (22 U.S.C. 2777(a)), any cash payment from
the sale or transfer of defense articles from Department
of Defense stocks repaired, overhauled, or refurbished
with amounts from the Fund that are intended to be
replaced.
(2) Limitation on amounts creditable from sale or transfer
of articles.--
(A) Credits in connection with articles not to be
replaced.--The amount credited to the Fund under
paragraph (1)(B) in connection with a collection from
the sale or transfer of defense articles may not exceed
the cost incurred by the Department of Defense in
repairing, overhauling, or refurbishing such defense
articles under the program authorized by subsection (a).
(B) Credits in connection with articles to be
replaced.--The amount credited to the Fund under
paragraph (1)(C) in connection with a sale or transfer
of defense articles may not exceed the amounts from the
Fund used to repair, overhaul, or refurbish such defense
articles.
(3) Limitation on size of fund.--The total amount in the
Fund at any time may not exceed $50,000,000.
(4) Treatment of amounts credited.--Amounts credited to the
Fund under this subsection shall be merged with amounts in the
Fund, and shall remain available until expended.
(5) Authorization to purchase services from dod working
capital fund activities.--The Fund shall be considered an
authorized customer of Department of Defense Working Capital
Fund activities. Prices of goods and services sold by Working
Capital Fund activities to the Fund shall reflect Foreign
Military Sales pricing guidelines, as promulgated by the
Department of Defense Financial Management Regulation, and other
applicable guidelines.
(d) Nonavailability of Amounts in Fund for Storage, Maintenance, and
Related Costs.--Following the repair, overhaul, or refurbishment of
defense articles under the program authorized by subsection (a), amounts
in the Fund may not be used to pay costs of storage and maintenance of
such defense articles or any other costs associated with the
preservation or preparation for sale or transfer of such defense
articles.
(e) Sales or Transfers of Defense Articles.--
(1) In general.--Any sale or transfer of defense articles
repaired, overhauled, or refurbished under the program
authorized by subsection (a) shall be in accordance with--
[[Page 126 STAT. 2038]]
(A) the Arms Export Control Act (22 U.S.C. 2751 et
seq.);
(B) the Foreign Assistance Act of 1961; or
(C) another provision of law authorizing such sale
or transfer.
(2) Secretary of state concurrence required for certain
sales or transfers to foreign countries.--If the sale or
transfer of defense articles occurs in accordance with a
provision of law referred to in paragraph (1)(C) that does not
otherwise require the concurrence of the Secretary of State for
the sale or transfer, the sale or transfer may be made only with
the concurrence of the Secretary of State.
(f) Transfers of Amounts.--
(1) Transfer to other department of defense accounts.--
Amounts in the Fund may be transferred to any Department of
Defense account for use in carrying out the program authorized
by subsection (a). Any amount so transferred shall be merged
with amounts in the account to which transferred, and shall be
available for the same purposes and the same time period as
amounts in the account to which transferred.
(2) Transfer from other department of defense accounts.--
Upon a determination by the Secretary of Defense with respect to
an amount transferred under paragraph (1) that all or part of
such transfer is not necessary for the purposes transferred,
such amount may be transferred back to the Fund. Any amount so
transferred shall be merged with amounts in the Fund, and shall
remain available until expended.
(g) Certain Excess Proceeds To Be Credited to Special Defense
Acquisition Fund.--Any collection from the sale or transfer of defense
articles that are not intended to be replaced in excess of the amount
creditable to the Fund under subsection (c)(2)(A) shall be credited to
the Special Defense Acquisition Fund established pursuant to chapter 5
of the Arms Export Control Act (22 U.S.C. 2795 et seq.).
(h) Materiel Efficiencies and Duplication.--In administering the
program authorized by subsection (a), the Secretary of Defense shall
ensure to the maximum extent possible that purchases made utilizing the
Fund utilize existing Defense Logistics Agency contracts. The Secretary
shall also ensure that none of the activities carried out under the
program authorized by subsection (a) are duplicative in nature to those
performed by other military departments or Defense Agencies.
(i) Conduct by Public or Private Sector Facilities or Entities.--The
repair, overhaul, and refurbishment of defense articles under the
program authorized by subsection (a) may be conducted by a facility or
entity in the public sector or the private sector, consistent with the
requirements of chapter 146 of title 10, United States Code.
(j) Reports.--
(1) Annual report.--Not later than 45 days after the end of
each fiscal year through the date of expiration specified in
subsection (l), the Secretary of Defense shall submit to the
appropriate congressional committees a report on the authorities
under this section during such fiscal year. Each report shall
include, for the fiscal year covered by such report, the
following:
[[Page 126 STAT. 2039]]
(A) The types and quantities of defense articles
repaired, overhauled, or refurbished under the program
authorized by subsection (a).
(B) The value of the repair, overhaul, or
refurbishment performed under the program.
(C) The amount of operation and maintenance funds
credited to the Fund under subsection (c)(1)(A).
(D) The amount of any collections from the sale or
transfer of defense articles repaired, overhauled, or
refurbished under the program that was credited to the
Fund under subsection (c)(1)(B).
(E) The amount of any cash payments from the sale or
transfer of defense articles repaired, overhauled, or
refurbished under the program that was credited to the
Fund under subsection (c)(1)(C).
(2) Assessment report.--Not later than February 1, 2015, the
Secretary of Defense shall submit to the appropriate
congressional committees a report on the operation of the
authorities in this section. The report shall include an
assessment of the effectiveness of the authorities in meeting
the objectives of the program authorized by subsection (a). At a
minimum, the assessment shall address the following:
(A) Cost efficiencies generated by utilization of
the Fund.
(B) Time efficiencies gained in the delivery of
defense articles under the program.
(C) An explanation of all amounts transferred to and
from the Fund pursuant to subsection (f).
(D) A detailed account of excess proceeds credited
to the Special Defense Acquisition Fund pursuant to
section (g).
(E) A list of defense articles, by quantity and
type, repaired under the program and an identification
of the foreign countries or international organizations
to which the repaired defense articles were sold or
transferred.
(3) Appropriate congressional committees defined.--In this
subsection, the term ``appropriate congressional committees''
means--
(A) the congressional defense committees; and
(B) the Committee on Foreign Relations of the Senate
and the Committee on Foreign Affairs of the House of
Representatives.
(k) Defense Article Defined.--In this section, the term ``defense
article'' has the meaning given that term in section 47(3) of the Arms
Export Control Act (22 U.S.C. 2794(3)).
(l) Expiration of Authority.--The authority to carry out the program
authorized by subsection (a), and to use amounts in the Fund in support
of the program, shall expire on September 30, 2015.
SEC. 1286. SENSE OF CONGRESS ON THE SITUATION IN THE SENKAKU
ISLANDS.
It is the sense of Congress that--
(1) the East China Sea is a vital part of the maritime
commons of Asia, including critical sea lanes of communication
and commerce that benefit all nations of the Asia-Pacific
region;
[[Page 126 STAT. 2040]]
(2) the peaceful settlement of territorial and
jurisdictional disputes in the East China Sea requires the
exercise of self-restraint by all parties in the conduct of
activities that would complicate or escalate disputes and
destabilize the region, and differences should be handled in a
constructive manner consistent with universally recognized
principles of customary international law;
(3) while the United States takes no position on the
ultimate sovereignty of the Senkaku Islands, the United States
acknowledges the administration of Japan over the Senkaku
Islands;
(4) the unilateral action of a third party will not affect
the United States' acknowledgment of the administration of Japan
over the Senkaku Islands;
(5) the United States has national interests in freedom of
navigation, the maintenance of peace and stability, respect for
international law, and unimpeded lawful commerce;
(6) the United States supports a collaborative diplomatic
process by claimants to resolve territorial disputes without
coercion, and opposes efforts at coercion, the threat of use of
force, or use of force by any claimant in seeking to resolve
sovereignty and territorial issues in the East China Sea; and
(7) the United States reaffirms its commitment to the
Government of Japan under Article V of the Treaty of Mutual
Cooperation and Security that ``[e]ach Party recognizes that an
armed attack against either Party in the territories under the
administration of Japan would be dangerous to its own peace and
safety and declares that it would act to meet the common danger
in accordance with its constitutional provisions and
processes''.
Subtitle G--Reports
SEC. 1291. REVIEW AND REPORTS ON DEPARTMENT OF DEFENSE EFFORTS TO
BUILD THE CAPACITY OF AND PARTNER WITH
FOREIGN SECURITY FORCES.
(a) Review.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Defense Policy Board shall
conduct a review of the efforts of the Department of Defense to
build the capacity of, or partner with, foreign security forces
in support of United States national defense and security
strategies.
(2) Elements.--The review required by this subsection shall
include the following:
(A) An examination of the ways in which the efforts
of the Department to build the capacity of, or partner
with, foreign security forces directly support
implementation of current national defense and security
strategies.
(B) An assessment of the range of effects that
efforts of the Department to build the capacity of, or
partner with, foreign security forces are designed to
achieve in support of current national defense and
security strategies.
(C) An assessment of the criteria used for
prioritizing such efforts in support of national defense
and security strategies.
[[Page 126 STAT. 2041]]
(D) An identification of the authorities the
Department currently uses to implement such efforts,
together with an assessment of the adequacy of such
authorities.
(E) An assessment of the capabilities and resources
required by the Department to implement such efforts.
(F) An assessment of the most effective distribution
of the roles and responsibilities for such efforts
within the Department, together with an assessment
whether the Department military and civilian workforce
is appropriately sized and shaped to meet the
requirements of such efforts.
(G) An evaluation of current measures of the
Department for assessing activities of the Department
designed to build the capacity of, or partner with,
foreign security forces, including an assessment whether
such measures address the extent to which such
activities directly support the priorities of national
defense and security strategies.
(H) An identification of recommendations for
clarifying or improving the guidance and assessment
measures of the Department relating to its efforts to
build the capacity of, or partner with, foreign security
forces in support of national defense and security
strategies.
(3) Report.--Not later than 90 days after the completion of
the review required by this subsection, the Secretary of Defense
shall submit to the congressional defense committees a report
containing the result of the review.
(b) Strategic Guidance on Department of Defense Efforts To Build
Partner Capacity and Other Partnership Initiatives.--Not later than 120
days after the completion of the review required by subsection (a), the
Secretary of Defense shall, with the advice and assistance of the
Chairman of the Joint Chiefs of Staff, submit to the congressional
defense committees a report setting forth the following:
(1) An assessment, taking into account the recommendations
of the Defense Policy Board in the review required by subsection
(a), of the efforts of the Department of Defense to build the
capacity of, and partner with, foreign military forces in
support of national defense and security strategies.
(2) Strategic guidance for the Department for its efforts to
build the capacity of, and partner with, foreign military forces
in support of national defense and security strategies, which
guidance shall address--
(A) the ways such efforts directly support the goals
and objectives of national defense and security
strategies;
(B) the criteria to be used for prioritizing
activities to implement such efforts in support of
national defense and security strategies;
(C) the measures to be used to assess the effects
achieved by such efforts and the extent to which such
effects support the objectives of national defense and
security strategies;
(D) the appropriate roles and responsibilities of
the Armed Forces, the combatant commands, the Defense
Agencies, and other components of the Department in
conducting such efforts; and
(E) the relationship of Department workforce
planning with the requirements for such efforts.
[[Page 126 STAT. 2042]]
SEC. 1292. ADDITIONAL REPORT ON MILITARY AND SECURITY DEVELOPMENTS
INVOLVING THE DEMOCRATIC PEOPLE'S
REPUBLIC OF KOREA.
Section 1236(a) of the National Defense Authorization Act for Fiscal
Year 2012 (Public Law 112-81; 125 Stat. 1641) is amended by inserting
after ``November 1, 2012,'' the following: ``and November 1, 2013,''.
SEC. 1293. REPORT ON HOST NATION SUPPORT FOR OVERSEAS UNITED
STATES MILITARY INSTALLATIONS AND UNITED
STATES ARMED FORCES DEPLOYED IN COUNTRY.
(a) Report Required.--
(1) In general.--Not later than March 1 of each year from
2013 through 2015, the Secretary of Defense, in consultation
with the Secretary of State, shall submit to the appropriate
congressional committees a report on the direct, indirect, and
burden-sharing contributions made by host nations to support
overseas United States military installations and United States
Armed Forces deployed in country.
(2) Elements.--The report required by paragraph (1) shall
include at least the following:
(A) A description of all costs associated with
stationing United States Armed Forces in the host
nation, including military personnel costs, operation
and maintenance costs, and military construction costs.
(B) A description of direct, indirect, and burden-
sharing contributions made by the host nation, including
the following:
(i) Contributions accepted for the following
costs:
(I) Compensation for local national
employees of the Department of Defense.
(II) Military construction projects
of the Department of Defense, including
design, procurement, construction
management costs, rents on privately-
owned land, facilities, labor,
utilities, and vicinity improvements.
(III) Other costs such as loan
guarantees on public-private venture
housing and payment-in-kind for
facilities returned to the host nation.
(ii) Contributions accepted for any other
purpose.
(C) The methodology and accounting procedures used
to measure and track direct, indirect, and burden-
sharing contributions made by host nations.
(3) Description of contributions in united states dollars.--
The report required by paragraph (1) shall describe the direct,
indirect, and burden-sharing contributions made by host nations
in United States dollars and shall specify the exchange rates
used to determine the United States dollar value of such host
nation contributions.
(b) Form.--The report required by subsection (a) shall be submitted
in unclassified form, but may include a classified annex if necessary.
(c) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the congressional defense committees; and
[[Page 126 STAT. 2043]]
(B) the Committee on Foreign Relations of the Senate
and the Committee on Foreign Affairs of the House of
Representatives.
(2) Host nation.--The term ``host nation'' means any country
that hosts a permanent or temporary United States military
installation or a permanent or rotational deployment of United
States Armed Forces located outside of the borders of the United
States.
(3) Contributions.--The term ``contributions'' means cash
and in-kind contributions made by a host nation that replace
expenditures that would otherwise be made by the Secretary of
Defense using funds appropriated or otherwise made available in
defense appropriations Acts.
SEC. 1294. REPORT ON MILITARY ACTIVITIES TO DENY OR SIGNIFICANTLY
DEGRADE THE USE OF AIR POWER AGAINST
CIVILIAN AND OPPOSITION GROUPS IN SYRIA.
(a) Report Required.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense shall, in consultation
with the Chairman of the Joint Chiefs of Staff, submit to the
congressional defense committees a report identifying the limited
military activities that could deny or significantly degrade the ability
of President Bashar al-Assad of Syria, and forces loyal to him, to use
air power against civilians and opposition groups in Syria.
(b) Nature of Military Activities.--
(1) Principal purpose.--The principal purpose of the
military activities identified for purposes of the report
required by subsection (a) shall be to advance the goals of
President Obama of stopping the killing of civilians in Syria
and creating conditions for a transition to a democratic,
pluralistic political system in Syria.
(2) Additional goals.--The military activities identified
for purposes of the report shall also meet the goals as follows:
(A) That the United States Armed Forces conduct such
activities with foreign allies or partners.
(B) That United States ground troops not be deployed
onto Syrian territory.
(C) That the risk to civilians on the ground in
Syria be limited.
(D) That the risks to United States military
personnel be limited.
(E) That the financial costs to the United States be
limited.
(c) Elements on Potential Military Activities.--The report required
by subsection (a) shall include a comprehensive description, evaluation,
and assessment of the potential effectiveness of the following military
activities, as required by subsection (a):
(1) The deployment of air defense systems, such as Patriot
missile batteries, to neighboring countries for the purpose of
denying or significantly degrading the operational capability of
Syria aircraft.
(2) The establishment of one or more no-fly zones over key
population centers in Syria.
(3) Limited air strikes to destroy or significantly degrade
Syria aircraft.
[[Page 126 STAT. 2044]]
(4) Such other military activities as the Secretary
considers appropriate to achieve the goals stated in subsection
(b).
(d) Elements in Description of Potential Military Activities.--For
each military activity that the Secretary identifies in subsection (c),
the comprehensive description of such activities under that subsection
shall include, but not be limited to, the type and the number of United
States military personnel and assets to be involved in such activities,
the anticipated duration of such activities, and the anticipated cost of
such activities. The report shall also identify what elements would be
required to maximize the effectiveness of such military activities.
(e) No Authorization for Use of Military Force.--Nothing in this
section shall be construed as a declaration of war or an authorization
for the use of force.
(f) Form.--The report required by subsection (a) shall be submitted
in classified form.
SEC. 1295. REPORT ON MILITARY ASSISTANCE PROVIDED BY RUSSIA TO
SYRIA.
(a) Report.--Not later than 90 days after the date of the enactment
of this Act, the Secretary of Defense, in coordination with the
Secretary of State, shall provide to the appropriate congressional
committees a report on military assistance provided by the Russian
Federation to Syria.
(b) Matters to Be Included.--The report required by subsection (a)
shall include the following:
(1) An analysis of whether Russia is providing direct or
indirect military support for the Government of Syria's actions
to forcefully act against groups opposing the Government of
Syria, including a description of the types of support.
(2) A description and analysis of Russia's military
interests in Syria.
(3) A description and analysis of Russia's military presence
in Syria.
(c) Form.--The report required by subsection (a) shall be submitted
in unclassified form, but may include a classified annex.
(d) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Armed Services and the Committee on
Foreign Relations of the Senate; and
(2) the Committee on Armed Services and the Committee on
Foreign Affairs of the House of Representatives.
TITLE XIII--COOPERATIVE THREAT REDUCTION
Sec. 1301. Specification of cooperative threat reduction programs and
funds.
Sec. 1302. Funding allocations.
Sec. 1303. Report on Cooperative Threat Reduction Programs in Russia.
SEC. 1301. SPECIFICATION OF COOPERATIVE THREAT REDUCTION PROGRAMS
AND FUNDS.
(a) Specification of Cooperative Threat Reduction Programs.--For
purposes of section 301 and other provisions of this Act, Cooperative
Threat Reduction programs are the programs
[[Page 126 STAT. 2045]]
specified in section 1501 of the National Defense Authorization Act for
Fiscal Year 1997 (50 U.S.C. 2362 note).
(b) Fiscal Year 2013 Cooperative Threat Reduction Funds Defined.--As
used in this title, the term ``fiscal year 2013 Cooperative Threat
Reduction funds'' means the funds appropriated pursuant to the
authorization of appropriations in section 301 and made available by the
funding table in section 4301 for Cooperative Threat Reduction programs.
(c) Availability of Funds.--Funds appropriated pursuant to the
authorization of appropriations in section 301 and made available by the
funding table in section 4301 for Cooperative Threat Reduction programs
shall be available for obligation for fiscal years 2013, 2014, and 2015.
SEC. 1302. FUNDING ALLOCATIONS.
(a) Funding for Specific Purposes.--Of the $519,111,000 authorized
to be appropriated to the Department of Defense for fiscal year 2013 in
section 301 and made available by the funding table in section 4301 for
Cooperative Threat Reduction programs, the following amounts may be
obligated for the purposes specified:
(1) For strategic offensive arms elimination, $68,271,000.
(2) For chemical weapons destruction, $14,630,000.
(3) For global nuclear security, $99,789,000.
(4) For cooperative biological engagement, $276,399,000.
(5) For proliferation prevention, $32,402,000.
(6) For threat reduction engagement, $2,375,000.
(7) For activities designated as Other Assessments/
Administrative Costs, $25,245,000.
(b) Report on Obligation or Expenditure of Funds for Other
Purposes.--No fiscal year 2013 Cooperative Threat Reduction funds may be
obligated or expended for a purpose other than a purpose listed in
paragraphs (1) through (7) of subsection (a) until 15 days after the
date that the Secretary of Defense submits to Congress a report on the
purpose for which the funds will be obligated or expended and the amount
of funds to be obligated or expended. Nothing in the preceding sentence
shall be construed as authorizing the obligation or expenditure of
fiscal year 2013 Cooperative Threat Reduction funds for a purpose for
which the obligation or expenditure of such funds is specifically
prohibited under this title or any other provision of law.
(c) Limited Authority to Vary Individual Amounts.--
(1) In general.--Subject to paragraph (2), in any case in
which the Secretary of Defense determines that it is necessary
to do so in the national interest, the Secretary may obligate
amounts appropriated for fiscal year 2013 for a purpose listed
in paragraphs (1) through (7) of subsection (a) in excess of the
specific amount authorized for that purpose.
(2) Notice-and-wait required.--An obligation of funds for a
purpose stated in paragraphs (1) through (7) of subsection (a)
in excess of the specific amount authorized for such purpose may
be made using the authority provided in paragraph (1) only
after--
(A) the Secretary submits to Congress notification
of the intent to do so together with a complete
discussion of the justification for doing so; and
(B) <<NOTE: Time period.>> 15 days have elapsed
following the date of the notification.
[[Page 126 STAT. 2046]]
SEC. 1303. REPORT ON COOPERATIVE THREAT REDUCTION PROGRAMS IN
RUSSIA.
(a) Report.--Not later than 90 days after the date of the enactment
of this Act, the Secretary of Defense, in coordination with the
Secretary of State, the Secretary of Energy, and the Director of
National Intelligence, shall submit to the appropriate congressional
committees a report on Cooperative Threat Reduction Programs in the
Russian Federation.
(b) Matters Included.--The report under subsection (a) shall include
the following:
(1) Identification of nonproliferation programs in Russia
that--
(A) have accomplished their long-term objectives in
reducing the threat of proliferation of weapons of mass
destruction; and
(B) will be phased out during the five-year period
beginning on the date of the enactment of this Act.
(2) Identification of--
(A) nonproliferation programs in Russia that--
(i) reduce the threat of the proliferation of
weapons of mass destruction; and
(ii) will not be phased out during such five-
year period; and
(B) the metrics to evaluate the success of such
programs.
(3) Identification of--
(A) the nature of the threat of the proliferation of
weapons of mass destruction that underpin the programs
described in paragraphs (1) and (2); and
(B) the current and foreseeable threats that are
addressed by such programs.
(4) The impact on nonproliferation programs in Russia and
the risks and benefits to national security if the current
agreement regarding such programs (commonly referred to as the
``umbrella agreement'') is amended or not renewed.
(5) What steps, if any, will be taken to continue or
terminate ongoing nonproliferation programs if the umbrella
agreement is not renewed.
(c) Form.--The report under subsection (a) shall be in unclassified
form, but may contain a classified annex.
(d) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Armed Services and the Committee on
Foreign Affairs of the House of Representatives; and
(2) the Committee on Armed Services and the Committee on
Foreign Relations of the Senate.
TITLE XIV--OTHER AUTHORIZATIONS
Subtitle A--Military Programs
Sec. 1401. Working capital funds.
Sec. 1402. National Defense Sealift Fund.
Sec. 1403. Chemical Agents and Munitions Destruction, Defense.
Sec. 1404. Drug Interdiction and Counter-Drug Activities, Defense-wide.
Sec. 1405. Defense Inspector General.
Sec. 1406. Defense Health Program.
[[Page 126 STAT. 2047]]
Subtitle B--National Defense Stockpile
Sec. 1411. Authorized uses of National Defense Stockpile funds.
Sec. 1412. Additional security of strategic materials supply chains.
Sec. 1413. Release of materials needed for national defense purposes
from the Strategic and Critical Materials Stockpile.
Subtitle C--Chemical Demilitarization Matters
Sec. 1421. Supplemental chemical agent and munitions destruction
technologies at Pueblo Chemical Depot, Colorado, and Blue
Grass Army Depot, Kentucky.
Subtitle D--Other Matters
Sec. 1431. Reduction of unobligated balances within the Pentagon
Reservation Maintenance Revolving Fund.
Sec. 1432. Authority for transfer of funds to Joint Department of
Defense-Department of Veterans Affairs Medical Facility
Demonstration Fund for Captain James A. Lovell Health Care
Center, Illinois.
Sec. 1433. Authorization of appropriations for Armed Forces Retirement
Home.
Sec. 1434. Cemeterial expenses.
Sec. 1435. Additional Weapons of Mass Destruction Civil Support Teams.
Subtitle A--Military Programs
SEC. 1401. WORKING CAPITAL FUNDS.
Funds are hereby authorized to be appropriated for fiscal year 2013
for the use of the Armed Forces and other activities and agencies of the
Department of Defense for providing capital for working capital and
revolving funds, as specified in the funding table in section 4501.
SEC. 1402. NATIONAL DEFENSE SEALIFT FUND.
Funds are hereby authorized to be appropriated for fiscal year 2013
for the National Defense Sealift Fund, as specified in the funding table
in section 4501.
SEC. 1403. CHEMICAL AGENTS AND MUNITIONS DESTRUCTION, DEFENSE.
(a) Authorization of Appropriations.--Funds are hereby authorized to
be appropriated for the Department of Defense for fiscal year 2013 for
expenses, not otherwise provided for, for Chemical Agents and Munitions
Destruction, Defense, as specified in the funding table in section 4501.
(b) Use.--Amounts authorized to be appropriated under subsection (a)
are authorized for--
(1) the destruction of lethal chemical agents and munitions
in accordance with section 1412 of the Department of Defense
Authorization Act, 1986 (50 U.S.C. 1521); and
(2) the destruction of chemical warfare materiel of the
United States that is not covered by section 1412 of such Act.
SEC. 1404. DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE-
WIDE.
Funds are hereby authorized to be appropriated for the Department of
Defense for fiscal year 2013 for expenses, not otherwise provided for,
for Drug Interdiction and Counter-Drug Activities, Defense-wide, as
specified in the funding table in section 4501.
SEC. 1405. DEFENSE INSPECTOR GENERAL.
Funds are hereby authorized to be appropriated for the Department of
Defense for fiscal year 2013 for expenses, not otherwise
[[Page 126 STAT. 2048]]
provided for, for the Office of the Inspector General of the Department
of Defense, as specified in the funding table in section 4501.
SEC. 1406. DEFENSE HEALTH PROGRAM.
Funds are hereby authorized to be appropriated for fiscal year 2013
for the Defense Health Program, as specified in the funding table in
section 4501, for use of the Armed Forces and other activities and
agencies of the Department of Defense in providing for the health of
eligible beneficiaries.
Subtitle B--National Defense Stockpile
SEC. 1411. AUTHORIZED USES OF NATIONAL DEFENSE STOCKPILE FUNDS.
(a) Obligation of Stockpile Funds.--During fiscal year 2013, the
National Defense Stockpile Manager may obligate up to $44,899,227 of the
funds in the National Defense Stockpile Transaction Fund established
under subsection (a) of section 9 of the Strategic and Critical
Materials Stock Piling Act (50 U.S.C. 98h) for the authorized uses of
such funds under subsection (b)(2) of such section, including the
disposal of hazardous materials that are environmentally sensitive.
(b) Additional Obligations.--The National Defense Stockpile Manager
may obligate amounts in excess of the amount specified in subsection (a)
if the National Defense Stockpile Manager notifies Congress that
extraordinary or emergency conditions necessitate the additional
obligations. <<NOTE: Time period.>> The National Defense Stockpile
Manager may make the additional obligations described in the
notification after the end of the 45-day period beginning on the date on
which Congress receives the notification.
(c) Limitations.--The authorities provided by this section shall be
subject to such limitations as may be provided in appropriations Acts.
SEC. 1412. ADDITIONAL SECURITY OF STRATEGIC MATERIALS SUPPLY
CHAINS.
Section 2(b) of the Strategic and Critical Materials Stock Piling
Act (50 U.S.C. 98a(b)) is amended by inserting ``or a single point of
failure'' after ``foreign sources''.
SEC. 1413. RELEASE OF MATERIALS NEEDED FOR NATIONAL DEFENSE
PURPOSES FROM THE STRATEGIC AND CRITICAL
MATERIALS STOCKPILE.
(a) Authority for President to Delegate Special Disposal Authority
of President for Release for National Defense Purposes.--Section 7(a) of
the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98f(a))
is amended--
(1) in paragraph (1), by striking ``and'' at the end;
(2) in paragraph (2), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(3) on the order of the Under Secretary of Defense for
Acquisition, Technology, and Logistics, if the President has
designated the Under Secretary to have authority to issue
release orders under this subsection and, in the case of any
such order, if the Under Secretary determines that the release
[[Page 126 STAT. 2049]]
of such materials is required for use, manufacture, or
production for purposes of national defense.''.
(b) Exclusion From Delegation Limitation.--Section 16 of such Act
(50 U.S.C. 98h-7) is amended by striking ``sections 7 and 13'' each
place it appears and inserting ``sections 7(a)(1) and 13''.
Subtitle C--Chemical Demilitarization Matters
SEC. 1421. SUPPLEMENTAL CHEMICAL AGENT AND MUNITIONS DESTRUCTION
TECHNOLOGIES AT PUEBLO CHEMICAL DEPOT,
COLORADO, AND BLUE GRASS ARMY DEPOT,
KENTUCKY.
(a) Supplemental Destruction Technologies.--Section 1412 of the
Department of Defense Authorization Act, 1986 (50 U.S.C. 1521) is
amended--
(1) in subsection (i)(2), by adding at the end the following
new subparagraph:
``(E) A description of any supplemental chemical agent and
munitions destruction technologies used at Pueblo Chemical
Depot, Colorado, and Blue Grass Army Depot, Kentucky, during the
period covered by the report, including explosive destruction
technologies and any technologies developed for the treatment
and disposal of energetic or agent hydrolystates.'';
(2) in subsection (j)(2), by adding at the end the following
new subparagraph:
``(E) A description and justification for the use of any
supplemental chemical agent and munitions destruction
technologies used at Pueblo Chemical Depot, Colorado, and Blue
Grass Army Depot, Kentucky, during the period covered by the
report, including explosive destruction technologies and any
technologies developed for the treatment and disposal of
energetic or agent hydrolysates. Such description and
justification shall outline--
``(i) the need for the use of supplemental
destruction technologies and technologies developed for
the treatment and disposal of energetic or agent
hydrolystates;
``(ii) site-by-site descriptions of the problematic
aspects of the stockpile requiring the use of
supplemental technologies;
``(iii) the type of supplemental destruction
technologies used at each site; and
``(iv) any planned future use of other supplemental
destruction technologies for each site.'';
(3) by redesignating subsection (o) as subsection (p); and
(4) by inserting after subsection (n) the following new
subsection (o):
``(o) Supplemental Destruction Technologies.--In determining the
technologies to supplement the neutralization destruction of the
stockpile of lethal chemical agents and munitions at Pueblo Chemical
Depot, Colorado, and Blue Grass Army Depot, Kentucky, the Secretary of
Defense may consider the following:
``(1) Explosive Destruction Technologies.
[[Page 126 STAT. 2050]]
``(2) Any technologies developed for the treatment and
disposal of energetic or agent hydrolysates, if problems with
the current on-site treatment of hydrolysates are
encountered.''.
(b) Repeal of Superseded Provision.--Section 151 of the Floyd D.
Spence National Defense Authorization Act for Fiscal Year 2001 (as
enacted into law by Public Law 106-398; 114 Stat. 1645A-30) is repealed.
Subtitle D--Other Matters
SEC. 1431. REDUCTION OF UNOBLIGATED BALANCES WITHIN THE PENTAGON
RESERVATION MAINTENANCE REVOLVING FUND.
Not <<NOTE: Deadline.>> later than 60 days after the date of the
enactment of this Act, the Secretary of Defense shall transfer
$5,000,000 from the unobligated balances of the Pentagon Reservation
Maintenance Revolving Fund established under section 2674(e) of title
10, United States Code, to the Miscellaneous Receipts Fund of the United
States Treasury.
SEC. 1432. AUTHORITY FOR TRANSFER OF FUNDS TO JOINT DEPARTMENT OF
DEFENSE-DEPARTMENT OF VETERANS AFFAIRS
MEDICAL FACILITY DEMONSTRATION FUND FOR
CAPTAIN JAMES A. LOVELL HEALTH CARE
CENTER, ILLINOIS.
(a) Authority for Transfer of Funds.--Of the funds authorized to be
appropriated for section 1406 and available for the Defense Health
Program for operation and maintenance, $139,204,000 may be transferred
by the Secretary of Defense to the Joint Department of Defense-
Department of Veterans Affairs Medical Facility Demonstration Fund
established by subsection (a)(1) of section 1704 of the National Defense
Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123 Stat.
2571). For purposes of subsection (a)(2) of such section 1704, any funds
so transferred shall be treated as amounts authorized and appropriated
specifically for the purpose of such a transfer.
(b) Use of Transferred Funds.--For the purposes of subsection (b) of
such section 1704, facility operations for which funds transferred under
subsection (a) may be used are operations of the Captain James A. Lovell
Federal Health Care Center, consisting of the North Chicago Veterans
Affairs Medical Center, the Navy Ambulatory Care Center, and supporting
facilities designated as a combined Federal medical facility under an
operational agreement covered by section 706 of the Duncan Hunter
National Defense Authorization Act for Fiscal Year 2009 (Public Law 110-
417; 122 Stat. 4500).
SEC. 1433. AUTHORIZATION OF APPROPRIATIONS FOR ARMED FORCES
RETIREMENT HOME.
There is hereby authorized to be appropriated for fiscal year 2013
from the Armed Forces Retirement Home Trust Fund the sum of $67,590,000
for the operation of the Armed Forces Retirement Home.
SEC. 1434. CEMETERIAL EXPENSES.
Funds are hereby authorized to be appropriated for the Department of
the Army for fiscal year 2013 for cemeterial expenses, not otherwise
provided for, in the amount of $173,800,000.
[[Page 126 STAT. 2051]]
SEC. 1435. ADDITIONAL WEAPONS OF MASS DESTRUCTION CIVIL SUPPORT
TEAMS.
(a) In General.--Section 1403 of the Bob Stump National Defense
Authorization Act for Fiscal Year 2003 (Public Law 107-314; 116 Stat.
2676; 10 U.S.C. 12310 note) is amended--
(1) by striking subsection (b);
(2) by redesignating subsection (c) as subsection (e); and
(3) by inserting after subsection (a) the following new
subsections (b), (c), and (d):
``(b) Establishment of Further Additional Teams.--The Secretary of
Defense is authorized to have established two additional teams
designated as Weapons of Mass Destruction Civil Support Teams, beyond
the 55 teams required in subsection (a), if--
``(1) <<NOTE: Certification. Deadline.>> the Secretary of
Defense has made the certification provided for in section
12310(c)(5) of title 10, United States Code, with respect to
each of such additional teams before December 31, 2011; and
``(2) the establishment of such additional teams does not
require an increase in authorized personnel levels above the
numbers authorized as of the date of the enactment of the
National Defense Authorization Act for Fiscal Year 2013.
``(c) Limitation of Establishment of Further Teams.--No Weapons of
Mass Destruction Civil Support Team may be established beyond the number
authorized by subsections (a) and (b) unless--
``(1) <<NOTE: Request.>> the Secretary submits to Congress
a request for authority to establish such team, including a
detailed justification for its establishment; and
``(2) the establishment of such team is specifically
authorized by a law enacted after the date of the enactment of
the National Defense Authorization Act for Fiscal Year 2013.
``(d) <<NOTE: Deadline.>> Notification of Disestablishment of
Teams.--No Weapons of Mass Destruction Civil Support Team established
pursuant to this section may be disestablished unless, by not later than
90 days before the date on which such team is disestablished, the
Secretary submits to the congressional defense committees notice of the
proposed disestablishment of the team and the date on which the
disestablishment is proposed to take place.''.
(b) Report.--Not later than 180 days after the date of the enactment
of this Act, the Secretary of Defense shall submit to the congressional
defense committees a report on the Weapons of Mass Destruction Civil
Support Teams. The report shall include the following:
(1) A detailed description of risk management criteria and
considerations to be used in determining the optimal number and
location of Weapons of Mass Destruction Civil Support Teams.
(2) A description of the operational and training activities
conducted by the Weapons of Mass Destruction Civil Support Teams
during each of fiscal years 2010, 2011, and 2012, and of such
activities planned for fiscal year 2013.
(3) An assessment of the optimal number and location of
Weapons of Mass Destruction Civil Support Teams in light of the
information under paragraphs (1) and (2).
(4) A comparative analysis of the cost of establishing
Weapons of Mass Destruction Civil Support Teams in the reserve
components of the Armed Forces (other than the
[[Page 126 STAT. 2052]]
National Guard) with the cost of establishing Weapons of Mass
Destruction Civil Support Teams in the National Guard.
(5) A description of the portion of the costs of Weapons of
Mass Destruction Civil Support Teams that is currently borne by
the States.
(6) Any other matter that the Secretary determines is
appropriate.
TITLE XV--AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR OVERSEAS
CONTINGENCY OPERATIONS
Subtitle A--Authorization of Additional Appropriations
Sec. 1501. Purpose.
Sec. 1502. Procurement.
Sec. 1503. Research, development, test, and evaluation.
Sec. 1504. Operation and maintenance.
Sec. 1505. Military personnel.
Sec. 1506. Working capital funds.
Sec. 1507. Defense Health Program.
Sec. 1508. Drug Interdiction and Counter-Drug Activities, Defense-wide.
Sec. 1509. Defense Inspector General.
Subtitle B--Financial Matters
Sec. 1521. Treatment as additional authorizations.
Sec. 1522. Special transfer authority.
Subtitle C--Limitations and Other Matters
Sec. 1531. Afghanistan Security Forces Fund.
Sec. 1532. Joint Improvised Explosive Device Defeat Fund.
Sec. 1533. One-year extension of project authority and related
requirements of Task Force for Business and Stability
Operations in Afghanistan.
Sec. 1534. Plan for transition in funding of United States Special
Operations Command from supplemental funding for overseas
contingency operations to recurring funding under the future-
years defense program.
Sec. 1535. Assessment of counter-improvised explosive device training
and intelligence activities of the Joint Improvised Explosive
Device Defeat Organization and national and military
intelligence Organizations.
Subtitle A--Authorization of Additional Appropriations
SEC. 1501. PURPOSE.
The purpose of this subtitle is to authorize appropriations for the
Department of Defense for fiscal year 2013 to provide additional funds
for overseas contingency operations being carried out by the Armed
Forces.
SEC. 1502. PROCUREMENT.
Funds are hereby authorized to be appropriated for fiscal year 2013
for procurement accounts for the Army, the Navy and the Marine Corps,
the Air Force, and Defense-wide activities, as specified in the funding
table in section 4102.
SEC. 1503. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION.
Funds are hereby authorized to be appropriated for fiscal year 2013
for the use of the Department of Defense for research, development,
test, and evaluation, as specified in the funding table in section 4202.
[[Page 126 STAT. 2053]]
SEC. 1504. OPERATION AND MAINTENANCE.
Funds are hereby authorized to be appropriated for fiscal year 2013
for the use of the Armed Forces and other activities and agencies of the
Department of Defense for expenses, not otherwise provided for, for
operation and maintenance, as specified in the funding table in section
4302.
SEC. 1505. MILITARY PERSONNEL.
Funds are hereby authorized to be appropriated for fiscal year 2013
for the use of the Armed Forces and other activities and agencies of the
Department of Defense for expenses, not otherwise provided for, for
military personnel, as specified in the funding table in section 4402.
SEC. 1506. WORKING CAPITAL FUNDS.
Funds are hereby authorized to be appropriated for fiscal year 2013
for the use of the Armed Forces and other activities and agencies of the
Department of Defense for providing capital for working capital and
revolving funds, as specified in the funding table in section 4502.
SEC. 1507. DEFENSE HEALTH PROGRAM.
Funds are hereby authorized to be appropriated for the Department of
Defense for fiscal year 2013 for expenses, not otherwise provided for,
for the Defense Health Program, as specified in the funding table in
section 4502.
SEC. 1508. DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE-
WIDE.
Funds are hereby authorized to be appropriated for the Department of
Defense for fiscal year 2013 for expenses, not otherwise provided for,
for Drug Interdiction and Counter-Drug Activities, Defense-wide, as
specified in the funding table in section 4502.
SEC. 1509. DEFENSE INSPECTOR GENERAL.
Funds are hereby authorized to be appropriated for the Department of
Defense for fiscal year 2013 for expenses, not otherwise provided for,
for the Office of the Inspector General of the Department of Defense, as
specified in the funding table in section 4502.
Subtitle B--Financial Matters
SEC. 1521. TREATMENT AS ADDITIONAL AUTHORIZATIONS.
The amounts authorized to be appropriated by this title are in
addition to amounts otherwise authorized to be appropriated by this Act.
SEC. 1522. SPECIAL TRANSFER AUTHORITY.
(a) Authority To Transfer Authorizations.--
(1) Authority.--Upon determination by the Secretary of
Defense that such action is necessary in the national interest,
the Secretary may transfer amounts of authorizations made
available to the Department of Defense in this title for fiscal
year 2013 between any such authorizations for that fiscal year
(or any subdivisions thereof). Amounts of authorizations so
transferred shall be merged with and be available for the same
purposes as the authorization to which transferred.
[[Page 126 STAT. 2054]]
(2) Limitation.--The total amount of authorizations that the
Secretary may transfer under the authority of this subsection
may not exceed $3,000,000,000.
(b) Terms and Conditions.--Transfers under this section shall be
subject to the same terms and conditions as transfers under section
1001.
(c) Additional Authority.--The transfer authority provided by this
section is in addition to the transfer authority provided under section
1001.
Subtitle C--Limitations and Other Matters
SEC. 1531. AFGHANISTAN SECURITY FORCES FUND.
(a) Sense of Congress.--It is the sense of Congress that--
(1) it is the responsibility of the Commander, International
Security Assistance Force/Commander, United States Forces--
Afghanistan to ensure the security of members of the Armed
Forces deployed to Afghanistan and to mitigate internal threats
to such forces to the greatest extent possible, while continuing
to meet the objectives of the International Security Assistance
Force mission in Afghanistan, including the training and
equipping of the Afghan National Security Forces so that they
may provide for their own security;
(2) the Afghan Public Protection Force must meet and
maintain key standards to provide force protection for members
of the Armed Forces; and
(3) if the Secretary of Defense determines that the Afghan
Public Protection Force is not meeting such standards, the
Secretary should take all appropriate actions to provide force
protection for members of the Armed Forces, including, if
necessary, having the Armed Forces provide for their own force
protection.
(b) Continuation of Existing Limitations on Use of Funds in Fund.--
Funds available to the Department of Defense for the Afghanistan
Security Forces Fund for fiscal year 2013 shall be subject to the
conditions contained in subsections (b) through (g) of section 1513 of
the National Defense Authorization Act for Fiscal Year 2008 (Public Law
110-181; 122 Stat. 428), as amended by section 1531(b) of the Ike
Skelton National Defense Authorization Act for Fiscal Year 2011 (Public
Law 111-383; 124 Stat. 4424).
(c) Afghan Public Protection Force.--
(1) <<NOTE: Deadline.>> Semi-annual certifications.--Not
later than 90 days after the date of the enactment of this Act,
and semiannually thereafter through December 31, 2014, the
Secretary of Defense shall certify in writing to the
congressional defense committees the elements specified in
paragraph (3).
(2) Report following inability to certify any element.--If
the Secretary determines that an element specified in paragraph
(3) cannot be certified in a report required by paragraph (1),
the Secretary shall submit to the congressional defense
committees a report setting forth the following:
(A) An explanation why such element cannot be
certified.
(B) A description of the actions, if any, that are
being taken to mitigate the risk associated with such
element.
[[Page 126 STAT. 2055]]
(C) A description of the specific actions being
taken to achieve the certification of such element, to
the extent practicable.
(3) Certification elements.--The elements of each
certification specified in this paragraph are the following:
(A) That each agreement between the United States
and the Government of Afghanistan, or any contract
between the Department of Defense and a contractor that
subcontracts to the Afghan Public Protection Force,
contains--
(i) uniform standards that ensure a consistent
level of security;
(ii) standard procedures and institutional
mechanisms for dispute resolution;
(iii) requirements for the Afghan Public
Protection Force to adhere to the Afghan Public
Protection Force Code of Conduct and applicable
international standards, such as the Montreux
Document, and the International Code of Conduct
for private security service providers; and
(iv) provisions for the United States, or the
contractor, to take actions to address the failure
of the Afghan Public Protection Force to perform
in a manner consistent with the Afghan Public
Protection Force Code of Conduct and applicable
international standards.
(B) That all Afghan Public Protection Force recruits
and personnel are vetted under procedures consistent
with the vetting standards of the United States for the
Afghan National Security Forces as of the date of the
enactment of this Act.
(C) That all Afghan Public Protection Force recruits
and personnel are biometrically screened in an
independent fashion by the United States or contractors.
(D) In the case of contracts to provide force
protection at installations in Afghanistan where the
Armed Forces are garrisoned or housed, that the
Commander, International Security and Assistance Force/
Commander, United States Forces--Afghanistan, or
designees, are provided the ability to--
(i) approve or disapprove arming authorization
for Afghan Public Protection Force personnel
performing activities at such installations; and
(ii) account for and maintain records of
Afghan Public Protection Force personnel
authorized to perform activities at such
installations.
(E) That the International Security and Assistance
Force Command has designated a centralized entity within
that Command authorized to provide oversight of
coalition activities relating to the Afghan Public
Protection Force, including consultations with the
Afghanistan Ministry of Interior regarding rules on the
use of force, violations of contract, and other
performance issues.
(F) That there is a mechanism in place sufficient
to--
(i) account for the transfer of any United
States Government-owned, contractor-acquired
defense articles to the Afghan Public Protection
Force; and
[[Page 126 STAT. 2056]]
(ii) conduct end-use monitoring, of such
defense articles, including an inventory of the
existence and completeness of any such defense
articles.
(d) Reports.--
(1) Initial assessment.--Not later than 90 days after the
date of the enactment of this Act, the Secretary of Defense
shall submit to the congressional defense committees a report
setting forth an assessment of the Afghan Public Protection
Force.
(2) Subsequent assessments.--On a semiannual basis following
the submittal of the report required by paragraph (1) through
September 30, 2014, the Secretary shall submit to the
congressional defense committees an assessment of the progress
in the development of the Afghan Public Protection Force during
the preceding six months.
(3) Elements.--Each report under this subsection shall
include the following:
(A) A description of the size and composition of the
Afghan Public Protection Force.
(B) An assessment of the recruiting and training for
the Afghan Public Protection Force.
(C) An assessment of the ability of the Afghan
Public Protection Force to perform its tasks and
missions.
(D) A description of measures of effectiveness for
evaluating the Afghan Public Protection Force.
(E) Any recommendations provided by the United
States to the Afghanistan Ministry of Interior to
improve the performance of the Afghan Public Protection
Force.
(F) A description of any instances of termination of
contracts with the Afghan Public Protection Force.
(G) An assessment of the ability of the United
States, or contractors, to hold the Afghan Public
Protection Force accountable for gross or repeated
violations.
(H) A description of the status of United States
Government-owned, contractor-acquired defense articles
provided to the Afghan Public Protection Force.
(4) Additional elements during fiscal year 2014 reports.--
Each report under paragraph (2) submitted during fiscal year
2014 shall include a plan, and any updates, on the post-2014
disposition of the Afghan Public Protection Force.
(5) Submittal with other reports.--Each report under
paragraph (2) may be submitted as part of the report on progress
toward security and stability in Afghanistan that is submitted
under sections 1230 and 1231 of the National Defense
Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122
Stat. 385, 390).
(e) Plan for Use of Afghanistan Security Forces Fund Through Fiscal
Year 2017.--Not later than <<NOTE: Deadline. Time period.>> 90 days
after the date of the enactment of this Act, the Secretary of Defense
shall submit to the congressional defense committees a plan for using
funds available to the Department of Defense to provide assistance to
the security forces of Afghanistan through the Afghanistan Security
Forces Fund through September 30, 2017.
(f) <<NOTE: Records. Deadline.>> Agreements.--The Secretary of
Defense shall submit to the congressional committees a copy of each
agreement entered into by the United States and Afghanistan for services
of the
[[Page 126 STAT. 2057]]
Afghan Public Protection Force for the Department of Defense not later
than 30 days after entry into such agreement.
SEC. 1532. JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT FUND.
(a) <<NOTE: Applicability.>> Use and Transfer of Funds.--
Subsections (b) and (c) of section 1514 of the John Warner National
Defense Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120
Stat. 2439), as in effect before the amendments made by section 1503 of
the Duncan Hunter National Defense Authorization Act for Fiscal Year
2009 (Public Law 110-417; 122 Stat. 4649), shall apply to the funds made
available to the Department of Defense for the Joint Improvised
Explosive Device Defeat Fund for fiscal year <<NOTE: Analysis.>> 2013.
In providing prior notice to the congressional defense committees of the
obligation of funds from the Joint Improvised Explosive Device Defeat
Fund for such fiscal year, as required by paragraph (4) of such
subsection (c), the Secretary of Defense shall include the associated
analysis of alternatives conducted in the process of taking action to
initiate any project for which the total obligation of funds from the
Fund will exceed $10,000,000.
(b) Monthly Obligations and Expenditure Reports.--Not later than 15
days after the end of each month of fiscal year 2013, the Secretary of
Defense shall provide to the congressional defense committees a report
on the Joint Improvised Explosive Device Defeat Fund explaining monthly
commitments, obligations, and expenditures by line of operation.
(c) <<NOTE: Pakistan. Afghanistan.>> Interdiction of Improvised
Explosive Device Precursor Chemicals.--
(1) Availability of certain fiscal year 2013 funds.--Of the
funds made available to the Department of Defense for the Joint
Improvised Explosive Device Defeat Fund for fiscal year 2013,
$15,000,000 may be available to the Secretary of Defense to
provide training, equipment, supplies, and services to
ministries and other entities of the Government of Pakistan that
the Secretary has identified as critical for countering the flow
of improvised explosive device precursor chemicals from Pakistan
to locations in Afghanistan.
(2) Provision through other us agencies.--If jointly agreed
upon by the Secretary of Defense and the head of another
department or agency of the United States Government, the
Secretary of Defense may transfer funds available under
paragraph (1) to such department or agency for the provision by
such department or agency of training, equipment, supplies, and
services to ministries and other entities of the Government of
Pakistan as described in that paragraph.
(3) <<NOTE: Time period.>> Notice to congress.--Funds may
not be used under the authority in paragraph (1) until 15 days
after the date on which the Secretary of Defense submits to the
congressional defense committees a notice--
(A) describing the training, equipment, supplies,
and services to be provided using such funds; and
(B) evaluating the effectiveness of the efforts by
the Government of Pakistan to counter the flow of
improvised explosive device precursor chemicals from
Pakistan to locations in Afghanistan.
(4) Expiration.--The authority provided by this subsection
expires on December 31, 2013.
[[Page 126 STAT. 2058]]
SEC. 1533. ONE-YEAR EXTENSION OF PROJECT AUTHORITY AND RELATED
REQUIREMENTS OF TASK FORCE FOR BUSINESS
AND STABILITY OPERATIONS IN AFGHANISTAN.
(a) Extension.--Subsection (a) of section 1535 of the Ike Skelton
National Defense Authorization Act for Fiscal Year 2011 (Public Law 111-
383; 124 Stat. 4426), as amended by section 1534 of the National Defense
Authorization Act for Fiscal Year 2012 (Public Law 112-81; 125 Stat.
1658), is further amended--
(1) in paragraph (6), by striking ``October 31, 2011, and
October 31, 2012'' and inserting ``October 31, 2011, October 31,
2012, and October 31, 2013''; and
(2) in paragraph (7)--
(A) by striking ``provided in'' and inserting ``to
obligate funds for projects under''; and
(B) by striking ``September 30, 2012'' and inserting
``September 30, 2013''.
(b) Scope of Projects.--Paragraph (3) of such subsection, as so
amended, is further amended by striking ``focus on improving the
commercial viability of'' and inserting ``complement''.
(c) Funding.--Paragraph (4) of such subsection, as so amended, is
further amended--
(1) by striking ``The Secretary'' and inserting the
following:
``(A) In general.--The Secretary'';
(2) by striking ``The amount'' and all that follows through
``appropriate congressional committees.'' and inserting the
following:
``(B) Limitation.--The amount of funds obligated
under the authority of subparagraph (A)--
``(i) may not exceed $150,000,000 for fiscal
year 2012, except that not more than 50 percent of
such amount of funds may be obligated until the
Secretary of Defense submits to the appropriate
congressional committees the plan required by
subsection (b); and
``(ii) may not exceed $93,000,000 for fiscal
year 2013, except that not more than $50,000,000
of such amount of funds may be obligated until the
Secretary of Defense submits to the appropriate
congressional committees the report required by
paragraph (7) of this subsection.''; and
(3) by striking ``The funds'' and inserting the following:
``(C) Availability.--The funds''.
(d) Report on Implementation of Transition Action Plan.--Subsection
(a) of section 1535 of the Ike Skelton National Defense Authorization
Act for Fiscal Year 2011, as amended by section 1534 of the National
Defense Authorization Act for Fiscal Year 2012 and as amended by this
section, is further amended--
(1) by redesignating paragraph (7) as paragraph (8); and
(2) by inserting after paragraph (6) the following new
paragraph (7):
``(7) <<NOTE: Consultation.>> Report on implementation of
transition action plan.--
``(A) In general.--The Secretary of Defense, in
consultation with the Secretary of State, shall submit
to the appropriate congressional committees a report on
the progress in implementing the Transition Action Plan
of the Task Force for Business and Stability Operations
in Afghanistan.
[[Page 126 STAT. 2059]]
``(B) Updates.--The Secretary of Defense, in
consultation with the Secretary of State, shall submit
to the appropriate congressional committees an update of
the report required by subparagraph (A) every 90 days
after the submission of such report.''.
SEC. 1534. PLAN FOR TRANSITION IN FUNDING OF UNITED STATES SPECIAL
OPERATIONS COMMAND FROM SUPPLEMENTAL
FUNDING FOR OVERSEAS CONTINGENCY
OPERATIONS TO RECURRING FUNDING UNDER
THE FUTURE-YEARS DEFENSE PROGRAM.
Not <<NOTE: Deadline.>> later than 90 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
congressional defense committees a plan for the transition of funding of
the United States Special Operations Command from funds authorized to be
appropriated for overseas contingency operations (commonly referred to
as the ``overseas contingency operations budget'') to funds authorized
to be appropriated for recurring operations of the Department of Defense
in accordance with applicable future-years defense programs under
section 221 of title 10, United States Code (commonly referred to as the
``base budget'').
SEC. 1535. ASSESSMENT OF COUNTER-IMPROVISED EXPLOSIVE DEVICE
TRAINING AND INTELLIGENCE ACTIVITIES OF
THE JOINT IMPROVISED EXPLOSIVE DEVICE
DEFEAT ORGANIZATION AND NATIONAL AND
MILITARY INTELLIGENCE ORGANIZATIONS.
(a) Assessment of Training Activities.--
(1) Assessment required.--The Secretary of Defense shall
prepare an assessment of the training-related activities of the
Joint Improvised Explosive Device Defeat Organization (JIEDDO).
(2) Elements.--The assessment required by paragraph (1)
shall--
(A) include all training programs and functions,
both enduring and non-enduring, executed by the Joint
Improvised Explosive Device Defeat Organization in
support of the United States Armed Forces;
(B) identify any program or function that is similar
to or duplicates other training activities conducted
elsewhere within the Department of Defense; and
(C) assess the value of maintaining such similarity
or duplication.
(3) Consultation.--The Secretary of Defense shall prepare
the assessment required by paragraph (1) in consultation with
the Chairman of the Joint Chiefs of Staff and the other chiefs
of staff of the Armed Forces.
(4) <<NOTE: Deadline. Reports.>> Submission and form.--Not
later than 180 days after the date of the enactment of this Act,
the Secretary of Defense shall submit a report containing the
results of the assessment required by paragraph (1) to the
congressional defense committees. The report shall be submitted
in unclassified form, but may include a classified annex.
(b) Assessment of Intelligence Activities.--
(1) Assessment required.--The Secretary of Defense shall
prepare an assessment of the intelligence activities carried out
in support of the counter-improvised explosive device mission of
the Department of Defense.
[[Page 126 STAT. 2060]]
(2) Elements.--The assessment required by paragraph (1)
shall--
(A) consider the activities of the Counter-Improved
Explosive Devise Operations Integration Center of the
Joint Improvised Explosive Device Defeat Organization,
including--
(i) identification of all intelligence
analysis programs and functions executed by the
Counter-Improvised Explosive Device Operations
Integration Center in support of United States
combatant commands and United States military
activities in Afghanistan;
(ii) identification of any program or function
which is duplicated elsewhere in the intelligence
components of the Department of Defense or the
intelligence community of the United States;
(iii) an assessment of the value of
maintaining such duplication; and
(iv) identification of any opportunities to
eliminate unnecessary duplication;
(B) consider the activities of the national and
military intelligence communities to counter improvised
explosive devices, including an assessment of--
(i) the sufficiency, adequacy, and
effectiveness of these efforts in support of the
commanders of combatant commands;
(ii) the prioritization of collection efforts
and resource allocation within the intelligence
components of the Department of Defense toward
countering improvised explosive devices; and
(iii) opportunities for improvement of these
efforts, including how these components would
support a broader counter improvised explosive
device effort beyond operations in Afghanistan;
and
(C) consider the enduring need for a Counter-
Improvised Explosive Device Operations Integration
Center and, if determined to be necessary, how this
center could be most efficiently and effectively
integrated into the broader Department of Defense
intelligence community.
(3) Consultation.--The Secretary of Defense shall prepare
the assessment required by paragraph (1) in consultation with
the Director of National Intelligence and the Chairman of the
Joint Chiefs of Staff.
(4) <<NOTE: Deadline. Reports.>> Submission and form.--Not
later than 180 days after the date of the enactment of this Act,
the Secretary of Defense shall submit a report containing the
results of the assessment required by paragraph (1) to the
congressional defense committees, the Permanent Select Committee
on Intelligence of the House of Representatives, and the Select
Committee on Intelligence of the Senate. The report shall be
submitted in unclassified form, but may include a classified
annex.
TITLE XVI--INDUSTRIAL BASE MATTERS
Subtitle A--Defense Industrial Base Matters
Sec. 1601. Disestablishment of Defense Materiel Readiness Board.
[[Page 126 STAT. 2061]]
Sec. 1602. Assessment of effects of foreign boycotts.
Sec. 1603. National security strategy for national technology and
industrial base.
Subtitle B--Department of Defense Activities Related to Small Business
Matters
Sec. 1611. Role of the directors of small business programs in
acquisition processes of the Department of Defense.
Sec. 1612. Small Business Ombudsman for defense audit agencies.
Sec. 1613. Independent assessment of Federal procurement contracting
performance of the Department of Defense.
Sec. 1614. Additional responsibilities of Inspector General of the
Department of Defense.
Sec. 1615. Restoration of 1 percent funding for administrative expenses
of Commercialization Readiness Program of Department of
Defense.
Subtitle C--Matters Relating to Small Business Concerns
Part I--Procurement Center Representatives
Sec. 1621. Procurement center representatives.
Sec. 1622. Small Business Act contracting requirements training.
Sec. 1623. Acquisition planning.
Part II--Goals for Procurement Contracts Awarded to Small Business
Concerns
Sec. 1631. Goals for procurement contracts awarded to small business
concerns.
Sec. 1632. Reporting on goals for procurement contracts awarded to small
business concerns.
Sec. 1633. Senior executives.
Part III--Mentor-Protege Programs
Sec. 1641. Mentor-Protege programs.
Part IV--Transparency in Subcontracting
Sec. 1651. Limitations on subcontracting.
Sec. 1652. Penalties.
Sec. 1653. Subcontracting plans.
Sec. 1654. Notices of subcontracting opportunities.
Sec. 1655. Publication of certain documents.
Part V--Small Business Concern Size Standards
Sec. 1661. Small business concern size standards.
Part VI--Contract Bundling
Sec. 1671. Contract bundling.
Part VII--Increased Penalties for Fraud
Sec. 1681. Safe harbor for good faith compliance efforts.
Sec. 1682. Requirement that fraudulent businesses be suspended or
debarred.
Sec. 1683. Annual report on suspensions and debarments proposed by Small
Business Administration.
Part VIII--Offices of Small and Disadvantaged Business Units
Sec. 1691. Offices of Small and Disadvantaged Business Utilization.
Sec. 1692. Small Business Procurement Advisory Council.
Part IX--Other Matters
Sec. 1695. Surety bonds.
Sec. 1696. Conforming Amendments; Repeal of redundant provisions;
Regulations.
Sec. 1697. Contracting with small business concerns owned and controlled
by women.
Sec. 1698. Small business HUBZones.
Sec. 1699. National Veterans Business Development Corporation.
Sec. 1699a. State Trade and Export Promotion Grant Program.
[[Page 126 STAT. 2062]]
Subtitle A--Defense Industrial Base Matters
SEC. 1601. DISESTABLISHMENT OF DEFENSE MATERIEL READINESS BOARD.
(a) Disestablishment of Board.--The Defense Materiel Readiness Board
established pursuant to section 871 of the National Defense
Authorization Act for Fiscal Year 2008 (Public Law 110-181; 10 U.S.C.
117 note) is hereby disestablished.
(b) Termination of Defense Strategic Readiness Fund.--The Department
of Defense Strategic Readiness Fund established by section 872(d) of the
National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-
181; 10 U.S.C. 117 note) is hereby closed.
(c) Repeal.--Subtitle G of title VIII of the National Defense
Authorization Act for Fiscal Year 2008 (Public Law 110-181; 10 U.S.C.
117 note) is repealed.
SEC. 1602. ASSESSMENT OF EFFECTS OF FOREIGN BOYCOTTS.
Section 2505 of title 10, United States Code, is amended--
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following new
subsection (d):
``(d) Assessment of Extent of Effects of Foreign Boycotts.--Each
assessment under subsection (a) shall include an examination of the
extent to which the national technology and industrial base is affected
by foreign boycotts. If it is determined that a foreign boycott (other
than a boycott addressed in a previous assessment) is subjecting the
national technology and industrial base to significant harm, the
assessment shall include a separate discussion and presentation
regarding that foreign boycott that shall, at a minimum--
``(1) identify the sectors that are subject to such harm;
``(2) describe the harm resulting from such boycott; and
``(3) identify actions necessary to minimize the effects of
such boycott on the national technology and industrial base.''.
SEC. 1603. NATIONAL SECURITY STRATEGY FOR NATIONAL TECHNOLOGY AND
INDUSTRIAL BASE.
(a) Requirement for Strategy.--
(1) In general.--Section 2501 of title 10, United States
Code, is amended as follows:
(A) The section heading is amended by striking
``objectives concerning'' and inserting ``strategy
for''.
(B) Subsection (a) is amended--
(i) in the subsection heading, by striking
``objectives'' and inserting ``strategy'';
(ii) by striking ``It is the policy of'' and
all that follows through ``objectives:'' and
inserting the following: ``The Secretary of
Defense shall develop a national security strategy
for the national technology and industrial base.
Such strategy shall be based on a prioritized
assessment of risks and challenges to the defense
supply chain and shall ensure that the national
technology and industrial base is capable of
[[Page 126 STAT. 2063]]
achieving the following national security
objectives:''; and
(iii) by adding at the end the following new
paragraphs:
``(9) Ensuring reliable sources of materials that are
critical to national security, such as specialty metals,
essential minerals, armor plate, and rare earth elements.
``(10) Reducing, to the maximum extent practicable, the
presence of counterfeit parts in the supply chain and the risk
associated with such parts.''.
(2) Clerical amendment.--The item relating to section 2501
in the table of sections at the beginning of subchapter II of
chapter 148 of such title is <<NOTE: 10 USC prec.
2501.>> amended to read as follows:
``2501. National security strategy for national technology and
industrial base.''.
(b) Amendment to Annual Report Relating to Defense Industrial
Base.--Section 2504 of such title is amended--
(1) by striking paragraph (2);
(2) by redesignating paragraph (3) as paragraph (2); and
(3) by inserting after paragraph (2) (as so redesignated)
the following new paragraph (3):
``(3) Based on the strategy required by section 2501 of this
title and on the assessments prepared pursuant to section 2505
of this title--
``(A) a description of any mitigation strategies
necessary to address any gaps or vulnerabilities in the
national technology and industrial base; and
``(B) any other steps necessary to foster and
safeguard the national technology and industrial
base.''.
(c) Requirement for Consideration of Strategy in Acquisition
Plans.--Section 2440 of such title is amended by inserting after
``base'' the following: ``, in accordance with the strategy required by
section 2501 of this title,''.
(d) Conforming Amendments.--Section 852 of the National Defense
Authorization Act for Fiscal Year 2012 (Public Law 112-81; 125 Stat.
1517; 10 U.S.C. 2504 note) is amended--
(1) by striking subsection (c); and
(2) by redesignating subsection (d) as subsection (c), and
in that subsection by striking ``subsection (c).'' in the first
sentence and inserting ``section 2501 of title 10, United States
Code.''.
Subtitle B--Department of Defense Activities Related to Small Business
Matters
SEC. 1611. <<NOTE: 10 USC 144 note.>> ROLE OF THE DIRECTORS OF
SMALL BUSINESS PROGRAMS IN ACQUISITION
PROCESSES OF THE DEPARTMENT OF DEFENSE.
(a) Guidance Required.--The Secretary of Defense shall develop and
issue guidance to ensure that the head of each Office of Small Business
Programs of the Department of Defense is a participant as early as
practicable in the acquisition processes--
(1) of the Department, in the case of the Director of Small
Business Programs in the Department of Defense; and
(2) of the military department concerned, in the case of the
Director of Small Business Programs in the Department
[[Page 126 STAT. 2064]]
of the Army, in the Department of the Navy, and in the
Department of the Air Force.
(b) Matters To Be Included.--Such guidance shall, at a minimum--
(1) require the Director of Small Business Programs in the
Department of Defense--
(A) to provide advice to the Defense Acquisition
Board; and
(B) to provide advice to the Information Technology
Acquisition Board; and
(2) require coordination between the chiefs of staff of the
Armed Forces and the service acquisition executives, as
appropriate (or their designees), and the Director of Small
Business Programs in each military department as early as
practical in the relevant acquisition processes.
SEC. 1612. SMALL BUSINESS OMBUDSMAN FOR DEFENSE AUDIT AGENCIES.
(a) Small Business Ombudsman.--Subchapter II of chapter 8 of title
10, United States Code, is amended by adding at the end the following
new section:
``Sec. 204. <<NOTE: 10 USC 204.>> Small Business Ombudsman for
defense audit agencies
``(a) <<NOTE: Designation.>> Small Business Ombudsman.--The
Secretary of Defense shall designate within each defense audit agency an
official as the Small Business Ombudsman to have the duties described in
subsection (b) and such other responsibilities as may be determined by
the Secretary.
``(b) Duties.--The Small Business Ombudsman of a defense audit
agency shall--
``(1) advise the Director of the defense audit agency on
policy issues related to small business concerns;
``(2) serve as the defense audit agency's primary point of
contact and source of information for small business concerns;
``(3) collect and monitor relevant data regarding the
defense audit agency's conduct of audits of small business
concerns, including--
``(A) data regarding the timeliness of audit
closeouts for small business concerns; and
``(B) data regarding the responsiveness of the
defense audit agency to issues or other matters raised
by small business concerns; and
``(4) make recommendations to the Director regarding
policies, processes, and procedures related to the timeliness of
audits of small business concerns and the responsiveness of the
defense audit agency to issues or other matters raised by small
business concerns.
``(c) Audit Independence.--The Small Business Ombudsman of a defense
audit agency shall be segregated from ongoing audits in the field and
shall not engage in activities with regard to particular audits that
could compromise the independence of the defense audit agency or
undermine compliance with applicable audit standards.
``(d) Defense Audit Agency Defined.--In this section, the term
`defense audit agency' means the Defense Contract Audit Agency and the
Defense Contract Management Agency.''.
[[Page 126 STAT. 2065]]
(b) Clerical Amendment.--The table of sections at the beginning of
subchapter II of chapter 8 of such title is <<NOTE: 10 USC prec.
201.>> amended by inserting after the item relating to section 203 the
following new item:
``204. Small Business Ombudsman for defense audit agencies.''.
SEC. 1613. INDEPENDENT ASSESSMENT OF FEDERAL PROCUREMENT
CONTRACTING PERFORMANCE OF THE
DEPARTMENT OF DEFENSE.
(a) <<NOTE: Deadline.>> Assessment Required.--Not later than 60
days after the date of the enactment of this Act, the Secretary of
Defense shall select an appropriate entity to conduct an independent
assessment of the procurement performance of the Department of Defense
related to small business concerns.
(b) Matters Covered.--The assessment under subsection (a) shall, at
a minimum, include an examination of--
(1) the industrial composition of companies receiving
subcontracts pursuant to the test program for the negotiation of
comprehensive small business subcontracting plans pursuant to
section 834 of the National Defense Authorization Act for Fiscal
Years 1990 and 1991 (Public Law 101-189; 15 U.S.C. 637 note),
compared to the industrial composition of other contractors in
the defense industrial base;
(2) the quality and reliability of data on small business
prime contracting and subcontracting by the Department, and the
reliability of the information technology systems that the
Department uses to track such data;
(3) the negotiation and execution of small business
subcontracting plans, and the degree to which proposed teaming
agreements are or are not maintained through the performance of
contracts;
(4) the extent to which the Department adheres to current
policies and guidelines relating to small business prime
contracting and subcontracting goals;
(5) the extent to which the Department bundles,
consolidates, or otherwise groups requirements into contracts
that are unsuitable for award to small business concerns, the
extent to which such bundling, consolidation, or grouping of
requirements is justified, and the effects that such practices
have on small business participation in contracting
opportunities with the Department;
(6) the degree to which abuses of small business contracting
and subcontracting programs result in contracts and subcontracts
intended for small business concerns not being awarded to small
business concerns; and
(7) an examination of the transition challenges faced by
businesses that graduate from small business programs or grow to
exceed the size standards for participation in such programs,
along with specific recommendations on steps that should be
taken to help ensure the continued health and growth of such
businesses.
(c) Report.--Not later than January 1, 2014, the Secretary of
Defense shall submit to the congressional defense committees a report on
the independent assessment conducted under this section. The report
shall include the findings and recommendations of the assessment,
together with any recommendations that the Secretary may have for
improving the Department's small business
[[Page 126 STAT. 2066]]
contracting practices and addressing any shortcomings identified by the
assessment.
SEC. 1614. ADDITIONAL RESPONSIBILITIES OF INSPECTOR GENERAL OF THE
DEPARTMENT OF DEFENSE.
(a) Requirement for External Peer Reviews.--Section 8(c) of the
Inspector General Act of 1978 <<NOTE: 5 USC app. 8.>> (5 U.S.C. App.) is
amended--
(1) by striking ``and'' at the end of paragraph (8);
(2) by striking the period and inserting ``; and'' at the
end of paragraph (9); and
(3) by adding at the end the following new paragraph:
``(10) conduct, or approve arrangements for the conduct of,
external peer reviews of Department of Defense audit agencies in
accordance with and in such frequency as provided by Government
auditing standards as established by the Comptroller General of
the United States.''.
(b) Requirement for Additional Information in Semiannual Reports.--
Section 8(f) of such Act is amended by striking paragraph (1) and
inserting the following:
``(1) Each semiannual report prepared by the Inspector General of
the Department of Defense under section 5(a) shall be transmitted by the
Secretary of Defense to the Committees on Armed Services and on Homeland
Security and Governmental Affairs of the Senate and the Committees on
Armed Services and on Oversight and Government Reform of the House of
Representatives and to other appropriate committees or subcommittees of
Congress. Each such report shall include--
``(A) information concerning the numbers and types of
contract audits conducted by the Department during the reporting
period; and
``(B) information concerning any Department of Defense audit
agency that, during the reporting period, has either received a
failed opinion from an external peer review or is overdue for an
external peer review required to be conducted in accordance with
subsection (c)(10).''.
SEC. 1615. RESTORATION OF 1 PERCENT FUNDING FOR ADMINISTRATIVE
EXPENSES OF COMMERCIALIZATION READINESS
PROGRAM OF DEPARTMENT OF DEFENSE.
(a) Restoration.--Section 9(y) of the Small Business Act (15 U.S.C.
638(y)), as amended by section 5141(b)(1)(B) of the National Defense
Authorization Act for Fiscal Year 2012 (Public Law 112-81; 125 Stat.
1853) is amended--
(1) by redesignating paragraphs (4) and (5) as paragraphs
(5) and (6), respectively; and
(2) by inserting after paragraph (3) the following new
paragraph (4):
``(4) Funding.--For payment of expenses incurred to
administer the Commercialization Readiness Program under this
subsection, the Secretary of Defense and each Secretary of a
military department is authorized to use not more than an amount
equal to 1 percent of the funds available to the Department of
Defense or the military department pursuant to the Small
Business Innovation Research Program. Such funds shall not be
used to make Phase III awards.''.
(b) Technical Amendment.--Section 5141(b)(3)(B) of the National
Defense Authorization Act for Fiscal Year 2012 (Public Law 112-81; 125
Stat. 1854) is amended by striking ``subsection
[[Page 126 STAT. 2067]]
(y)--'' and all that follows through ``the following:'' and inserting
``subsection (y), by amending paragraph (4) to read as follows:''.
(c) <<NOTE: 15 USC 638 note.>> Effective Date.--The amendments made
by this section shall take effect as of January 1, 2012.
Subtitle C--Matters Relating to Small Business Concerns
PART I--PROCUREMENT CENTER REPRESENTATIVES
SEC. 1621. PROCUREMENT CENTER REPRESENTATIVES.
(a) In General.--Section 15(l) of the Small Business Act (15 U.S.C.
644(l)) is amended by striking the subsection enumerator and inserting
the following:
``(l) Procurement Center Representatives.--''.
(b) Assignment and Role.--Paragraph (1) of section 15(l) of such Act
(15 U.S.C. 644(l)) is amended to read as follows:
``(1) Assignment and role.--The Administrator shall assign
to each major procurement center a procurement center
representative with such assistance as may be appropriate.''.
(c) Activities.--Section 15(l)(2) of such Act (15 U.S.C. 644(l)(2))
is amended--
(1) in the matter preceding subparagraph (A), by striking
``(2) In addition to carrying out the responsibilities assigned
by the Administration, a breakout'' and inserting the following:
``(2) Activities.--A'';
(2) in subparagraph (B)--
(A) by striking ``(B) review, at any time,
restrictions on competition'' and inserting the
following:
``(B) review, at any time, barriers to small
business participation in Federal contracting'';
(B) by striking ``items'' and inserting ``goods and
services''; and
(C) by striking ``limitations'' and inserting
``barriers'';
(3) in subparagraph (C), by striking ``(C) review
restrictions on competition'' and inserting the following:
``(C) review barriers to small business
participation in Federal contracting'';
(4) by striking subparagraph (D) and inserting the
following:
``(D) review any bundled or consolidated
solicitation or contract in accordance with this Act;'';
(5) by striking subparagraph (E) and inserting the
following:
``(E) have access to procurement records and other
data of the procurement center commensurate with the
level of such representative's approved security
clearance classification, with such data provided upon
request in electronic format, when available;''; and
(6) by striking subparagraphs (F) and (G) and inserting the
following:
``(F) receive unsolicited proposals from small
business concerns and transmit such proposals to
personnel of the activity responsible for reviewing such
proposals, who shall
[[Page 126 STAT. 2068]]
furnish the procurement center representative with
information regarding the disposition of any such
proposal;
``(G) consult with the Director the Office of Small
and Disadvantaged Business Utilization of that agency
and the agency personnel described in paragraph (7) and
(8) of subsection (k) with regard to agency insourcing
decisions covered by subsection (k)(11);
``(H) be an advocate for the maximum practicable
utilization of small business concerns in Federal
contracting, including by advocating against the
consolidation or bundling of contract requirements when
not justified; and
``(I) carry out any other responsibility assigned by
the Administrator.''.
(d) Appeals.--Section 15(l)(3) of such Act (15 U.S.C. 644(l)(3)) is
amended by striking ``(3) A breakout procurement center representative''
and inserting the following:
``(3) Appeals.--A procurement center representative''.
(e) Assignment to Major Procurement Centers.--Paragraph (4) of
section 15(l) of such Act (15 U.S.C. 644(l)) is amended by striking
``breakout procurement center representative'' and inserting
``procurement center representative''.
(f) Position Requirements.--Section 15(l)(5) of such Act (15 U.S.C.
644(l)(5)) is amended--
(1) by striking the paragraph enumerator and inserting the
following:
``(5) Position requirements.--'';
(2) by striking subparagraphs (A) and (B) and inserting the
following:
``(A) In general.--A procurement center
representative assigned under this subsection shall--
``(i) be a full-time employee of the
Administration;
``(ii) be fully qualified, technically
trained, and familiar with the goods and services
procured by the major procurement center to which
that representative is assigned; and
``(iii) have a Level III Federal Acquisition
Certification in Contracting (or any successor
certification) or the equivalent Department of
Defense certification, except that any person
serving in such a position on the date of
enactment of this clause may continue to serve in
that position for a period of 5 years without the
required certification.''; and
(3) in subparagraph (C) by striking ``(C) The Administration
shall establish personnel positions for breakout procurement
representatives and advisers assigned pursuant to'' and
inserting the following:
``(B) Compensation.--The Administrator shall
establish personnel positions for procurement center
representatives assigned under''.
(g) Major Procurement Center Defined.--Section 15(l)(6) of such Act
(15 U.S.C. 644(l)(6)) is amended--
(1) by striking ``(6) For purposes'' and inserting the
following:
``(6) Major procurement center defined.--For purposes''; and
(2) by striking ``other than commercial items and which has
the potential to incur significant savings as the result
[[Page 126 STAT. 2069]]
of the placement of a breakout procurement center
representative'' and inserting ``goods or services, including
goods or services that are commercially available''.
(h) Training.--Section 15(l)(7) of such Act (15 U.S.C. 644(l)(7)) is
amended--
(1) by striking the paragraph enumerator and inserting the
following:
``(7) Training.--'';
(2) in subparagraph (A) by striking ``(A) At such times''
and inserting the following:
``(A) Authorization.--At such times''.
(3) in subparagraph (B)--
(A) by striking ``(B) The breakout procurement
center representative'' and inserting the following:
``(8) Annual briefing and report.--A procurement center
representative''; and
(B) by striking ``sixty'' and inserting ``60''; and
(4) by inserting after subparagraph (A) the following:
``(B) Limitation.--A procurement center
representative may provide training under subparagraph
(A) only to the extent that the training does not
interfere with the representative carrying out other
activities under this subsection.''.
SEC. 1622. SMALL BUSINESS ACT CONTRACTING REQUIREMENTS TRAINING.
(a) <<NOTE: Deadline. 15 USC 631 note.>> Establishment.--Not later
than 1 year after the date of enactment of this part, the Defense
Acquisition University and the Federal Acquisition Institute shall each
provide a course on contracting requirements under the Small Business
Act, including the requirements for small business concerns owned and
controlled by service-disabled veterans, qualified HUBZone small
business concerns, small business concerns owned and controlled by
socially and economically disadvantaged individuals, and small business
concerns owned and controlled by women.
(b) <<NOTE: 15 USC 631 note.>> Course Required.--To have a Federal
Acquisition Certification in Contracting (or any successor
certification) or the equivalent Department of Defense certification an
individual shall be required to complete the course established under
subsection (a).
(c) Requirement That Business Opportunity Specialists Be
Certified.--Section <<NOTE: Time period.>> 7(j)(10)(D)(i) of the Small
Business Act (15 U.S.C. 636(j)(10)(D)(i)) is amended by inserting after
``to assist such Program Participant.'' the following: ``The Business
Opportunity Specialist shall have a Level I Federal Acquisition
Certification in Contracting (or any successor certification) or the
equivalent Department of Defense certification, except that a Business
Opportunity Specialist serving at the time of the date of enactment of
the National Defense Authorization Act for Fiscal Year 2013 may continue
to serve as a Business Opportunity Specialist for a period of 5 years
beginning on that date of enactment without such a certification.''.
SEC. 1623. ACQUISITION PLANNING.
Section 15(e)(1) of the Small Business Act (15 U.S.C. 644(e)(1)) is
amended--
(1) by striking ``the various agencies'' and inserting ``a
Federal department or agency''; and
[[Page 126 STAT. 2070]]
(2) by striking the period and inserting ``, and each such
Federal department or agency shall--
``(A) provide opportunities for the participation of
small business concerns during acquisition planning
processes and in acquisition plans; and
``(B) invite the participation of the appropriate
Director of Small and Disadvantaged Business Utilization
in acquisition planning processes and provide that
Director access to acquisition plans.''.
PART II--GOALS FOR PROCUREMENT CONTRACTS AWARDED TO SMALL BUSINESS
CONCERNS
SEC. 1631. GOALS FOR PROCUREMENT CONTRACTS AWARDED TO SMALL
BUSINESS CONCERNS.
(a) Governmentwide Goals.--Paragraph (1) of section 15(g) of the
Small Business Act (15 U.S.C. 644(g)) is amended to read as follows:
``(1) Governmentwide goals.--
``(A) <<NOTE: President. Deadline.>>
Establishment.--The President shall annually establish
Governmentwide goals for procurement contracts awarded
to small business concerns, small business concerns
owned and controlled by service-disabled veterans,
qualified HUBZone small business concerns, small
business concerns owned and controlled by socially and
economically disadvantaged individuals, and small
business concerns owned and controlled by women in
accordance with the following:
``(i) The Governmentwide goal for
participation by small business concerns shall be
established at not less than 23 percent of the
total value of all prime contract awards for each
fiscal year.
``(ii) The Governmentwide goal for
participation by small business concerns owned and
controlled by service-disabled veterans shall be
established at not less than 3 percent of the
total value of all prime contract and subcontract
awards for each fiscal year.
``(iii) The Governmentwide goal for
participation by qualified HUBZone small business
concerns shall be established at not less than 3
percent of the total value of all prime contract
and subcontract awards for each fiscal year.
``(iv) The Governmentwide goal for
participation by small business concerns owned and
controlled by socially and economically
disadvantaged individuals shall be established at
not less than 5 percent of the total value of all
prime contract and subcontract awards for each
fiscal year.
``(v) The Governmentwide goal for
participation by small business concerns owned and
controlled by women shall be established at not
less than 5 percent of the total value of all
prime contract and subcontract awards for each
fiscal year.
``(B) Achievement of governmentwide goals.--Each
agency shall have an annual goal that presents, for that
[[Page 126 STAT. 2071]]
agency, the maximum practicable opportunity for small
business concerns, small business concerns owned and
controlled by service-disabled veterans, qualified
HUBZone small business concerns, small business concerns
owned and controlled by socially and economically
disadvantaged individuals, and small business concerns
owned and controlled by women to participate in the
performance of contracts let by such agency. The Small
Business Administration and the Administrator for
Federal Procurement Policy shall, when exercising their
authority pursuant to paragraph (2), insure that the
cumulative annual prime contract goals for all agencies
meet or exceed the annual Governmentwide prime contract
goal established by the President pursuant to this
paragraph.''.
(b) Amendments to the Small Business Act.--Paragraph (2) of section
15(g) of the Small Business Act (15 U.S.C. 644(g)) is amended--
(1) in subparagraph (A), by adding at the end the following:
``Such goals shall separately address prime contract awards and
subcontract awards for each category of small business
covered.'';
(2) <<NOTE: Plans.>> in subparagraph (D), by striking ``For
the purpose of establishing goals under this subsection'' and
all that follows through the end of that subparagraph, and
inserting the following: ``After establishing goals under this
paragraph for a fiscal year, the head of each Federal agency
shall develop a plan for achieving such goals at both the prime
contract and the subcontract level, which shall apportion
responsibilities among the agency's acquisition executives and
officials. In establishing goals under this paragraph, the head
of each Federal agency shall make a consistent effort to
annually expand participation by small business concerns from
each industry category in procurement contracts and subcontracts
of such agency, including participation by small business
concerns owned and controlled by service-disabled veterans,
qualified HUBZone small business concerns, small business
concerns owned and controlled by socially and economically
disadvantaged individuals, and small business concerns owned and
controlled by women.''; and
(3) by striking subparagraphs (E) and (F) and inserting the
following:
``(E) The head of each Federal agency, in attempting
to attain expanded participation under subparagraph (D),
shall consider--
``(i) contracts awarded as the result of
unrestricted competition; and
``(ii) contracts awarded after competition
restricted to eligible small business concerns
under this section and under the program
established under section 8(a).
``(F)(i) Each procurement employee or program
manager described in clause (ii) shall communicate to
the subordinates of the procurement employee or program
manager the importance of achieving goals established
under subparagraph (A).
``(ii) A procurement employee or program manager
described in this clause is a senior procurement
executive,
[[Page 126 STAT. 2072]]
senior program manager, or Director of Small and
Disadvantaged Business Utilization of a Federal agency
having contracting authority.''.
(c) <<NOTE: Deadline. Review. Revision. 15 USC 644 note.>>
Additional Requirements.--Not later than 180 days after the date of the
enactment of this part, the Administrator of the Small Business
Administration shall review and revise the Goaling Guidelines for the
Small Business Preference Programs for Prime and Subcontract Federal
Procurement Goals and Achievements to the extent necessary to ensure
that--
(1) agency subcontracting goals are established on the basis
of realistically achievable improvements to levels of
subcontracting rather than on the basis of an average of
previous years' subcontracting performance;
(2) agency contracting and subcontracting goals are
established in a manner that does not exclude categories of
contracts on the basis of--
(A) the type of goods or services for which the
agency contracts;
(B) in the case of contracts subject to competitive
procedures under chapter 33 of title 41, United States
Code--
(i) whether or not funding for the contracts
is made directly available to the agency by an
Appropriations Act or is made available by
reimbursement from another agency or account; or
(ii) whether or not the contract is subject to
the Federal Acquisition Regulation; and
(3) whenever an agency contracting or subcontracting goal is
established at a level lower than the Governmentwide goal for
small business concerns or the relevant category of small
business concerns, the Administration is required to document
the basis for the decision to establish such lower goal.
(d) <<NOTE: Deadline.>> Assessment Required.--Not later than 60
days after the date of the enactment of this part, the Chief Counsel for
Advocacy of the Small Business Administration shall enter into a
contract with an appropriate entity to conduct an independent assessment
of the small business procurement goals established in section 15(g) of
the Small Business Act.
(1) Coordination with department of defense.--To the extent
practicable, the Administrator shall coordinate this assessment
with the Secretary of Defense, to avoid unnecessary duplication
with the assessment required by section 1613 of this title.
(2) Matters covered.--The assessment under this subsection
shall, at a minimum, include--
(A) a description of the industrial composition of
companies receiving prime contracts and subcontracts
with the Federal Government;
(B) a description of the industrial composition of
domestic small business concerns, small business
concerns owned and controlled by service-disabled
veterans, qualified HUBZone small business concerns,
small business concerns owned and controlled by socially
and economically disadvantaged individuals, and small
business concerns owned and controlled by women;
(C) a comparison of the industrial composition of
prime contractors and subcontractors participating in
Federal contracting and the industrial composition of
domestic small
[[Page 126 STAT. 2073]]
business concerns, small business concerns owned and
controlled by service-disabled veterans, qualified
HUBZone small business concerns, small business concerns
owned and controlled by socially and economically
disadvantaged individuals, and small business concerns
owned and controlled by women;
(D) a determination of barriers to accurately
capturing data on small business prime contracting and
subcontracting, including an examination of the
reliability of information technology systems used by
more than one Federal agency to track such data;
(E) recommendations for improving the quality and
availability of data regarding small business prime
contracting and subcontracting performance;
(F) recommendations to improve and inform the
establishment of the goals in section 15(g) of the Small
Business Act, including:
(i) alternate methodologies for establishing
the goals;
(ii) determining which contracts should be
subject to the goals;
(iii) methods for improving the correlation of
current goaling practices with the health of the
industrial base; and
(iv) methods of allocating goals between
Federal agencies; and
(G) barriers within Federal procurement practices
that inhibit the maximum practicable utilization of
domestic small business concerns, small business
concerns owned and controlled by service-disabled
veterans, qualified HUBZone small business concerns,
small business concerns owned and controlled by socially
and economically disadvantaged individuals, and small
business concerns owned and controlled by women.
SEC. 1632. REPORTING ON GOALS FOR PROCUREMENT CONTRACTS AWARDED TO
SMALL BUSINESS CONCERNS.
Subsection (h) of section 15 of the Small Business Act (15 U.S.C.
644) is amended to read as follows:
``(h) Reporting on Goals for Procurement Contracts Awarded to Small
Business Concerns.--
``(1) Agency reports.--At the conclusion of each fiscal
year, the head of each Federal agency shall submit to the
Administrator a report describing--
``(A) the extent of the participation by small
business concerns, small business concerns owned and
controlled by veterans (including service-disabled
veterans), qualified HUBZone small business concerns,
small business concerns owned and controlled by socially
and economically disadvantaged individuals, and small
business concerns owned and controlled by women in the
procurement contracts of such agency during such fiscal
year;
``(B) whether the agency achieved the goals
established for the agency under subsection (g)(2) with
respect to such fiscal year; and
``(C) any justifications for a failure to achieve
such goals.
[[Page 126 STAT. 2074]]
``(2) <<NOTE: Web posting.>> Reports by administrator.--Not
later than 60 days after receiving a report from each Federal
agency under paragraph (1) with respect to a fiscal year, the
Administrator shall submit to the President and Congress, and to
make available on a public Web site, a report that includes--
``(A) a copy of each report submitted to the
Administrator under paragraph (1);
``(B) a determination of whether each goal
established by the President under subsection (g)(1) for
such fiscal year was achieved;
``(C) a determination of whether each goal
established by the head of a Federal agency under
subsection (g)(2) for such fiscal year was achieved;
``(D) the reasons for any failure to achieve a goal
established under paragraph (1) or (2) of subsection (g)
for such fiscal year and a description of actions
planned by the applicable agency to address such
failure, including the Administrator's comments and
recommendations on the proposed remediation plan; and
``(E) for the Federal Government and each Federal
agency, an analysis of the number and dollar amount of
prime contracts awarded during such fiscal year to--
``(i) small business concerns--
``(I) in the aggregate;
``(II) through sole source
contracts;
``(III) through competitions
restricted to small business concerns;
and
``(IV) through unrestricted
competition;
``(ii) small business concerns owned and
controlled by service-disabled veterans--
``(I) in the aggregate;
``(II) through sole source
contracts;
``(III) through competitions
restricted to small business concerns;
``(IV) through competitions
restricted to small business concerns
owned and controlled by service-disabled
veterans; and
``(V) through unrestricted
competition;
``(iii) qualified HUBZone small business
concerns--
``(I) in the aggregate;
``(II) through sole source
contracts;
``(III) through competitions
restricted to small business concerns;
``(IV) through competitions
restricted to qualified HUBZone small
business concerns;
``(V) through unrestricted
competition where a price evaluation
preference was used; and
``(VI) through unrestricted
competition where a price evaluation
preference was not used;
``(iv) small business concerns owned and
controlled by socially and economically
disadvantaged individuals--
``(I) in the aggregate;
``(II) through sole source
contracts;
``(III) through competitions
restricted to small business concerns;
[[Page 126 STAT. 2075]]
``(IV) through competitions
restricted to small business concerns
owned and controlled by socially and
economically disadvantaged individuals;
``(V) through unrestricted
competition; and
``(VI) by reason of that concern's
certification as a small business owned
and controlled by socially and
economically disadvantaged individuals;
``(v) small business concerns owned by an
Indian tribe (as such term is defined in section
8(a)(13)) other than an Alaska Native
Corporation--
``(I) in the aggregate;
``(II) through sole source
contracts;
``(III) through competitions
restricted to small business concerns;
``(IV) through competitions
restricted to small business concerns
owned and controlled by socially and
economically disadvantaged individuals;
and
``(V) through unrestricted
competition;
``(vi) small business concerns owned by a
Native Hawaiian Organization--
``(I) in the aggregate;
``(II) through sole source
contracts;
``(III) through competitions
restricted to small business concerns;
``(IV) through competitions
restricted to small business concerns
owned and controlled by socially and
economically disadvantaged individuals;
and
``(V) through unrestricted
competition;
``(vii) small business concerns owned by an
Alaska Native Corporation--
``(I) in the aggregate;
``(II) through sole source
contracts;
``(III) through competitions
restricted to small business concerns;
``(IV) through competitions
restricted to small business concerns
owned and controlled by socially and
economically disadvantaged individuals;
and
``(V) through unrestricted
competition; and
``(viii) small business concerns owned and
controlled by women--
``(I) in the aggregate;
``(II) through competitions
restricted to small business concerns;
``(III) through competitions
restricted using the authority under
section 8(m)(2);
``(IV) through competitions
restricted using the authority under
section 8(m)(2) and in which the waiver
authority under section 8(m)(3) was
used; and
``(V) through unrestricted
competition; and
``(F) for the Federal Government, the number, dollar
amount, and distribution with respect to the North
American Industry Classification System of subcontracts
awarded during such fiscal year to small business
concerns, small business concerns owned and controlled
by service-
[[Page 126 STAT. 2076]]
disabled veterans, qualified HUBZone small business
concerns, small business concerns owned and controlled
by socially and economically disadvantaged individuals,
and small business concerns owned and controlled by
women, provided that such information is publicly
available through data systems developed pursuant to the
Federal Funding Accountability and Transparency Act of
2006 (Public Law 109-282), or otherwise available as
provided in paragraph (3).
``(3) Access to data.--
``(A) Federal procurement data system.--To assist in
the implementation of this section, the Administration
shall have access to information collected through the
Federal Procurement Data System, Federal Subcontracting
Reporting System, or any new or successor system.
``(B) Agency procurement data sources.--To assist in
the implementation of this section, the head of each
contracting agency shall provide, upon request of the
Administration, procurement information collected
through agency data collection sources in existence at
the time of the request. Contracting agencies shall not
be required to establish new data collection systems to
provide such data.''.
SEC. 1633. SENIOR EXECUTIVES.
(a) <<NOTE: 5 USC 3396 note.>> Training.--Programs established for
the development of senior executives under section 3396(a) of title 5,
United States Code, shall include training with respect to Federal
procurement requirements, including contracting requirements under the
Small Business Act (15 U.S.C. 631 et seq.).
(b) <<NOTE: 15 USC 631 note.>> Responsibility for Achieving Small
Business Goals.--The head of an agency shall take steps to ensure that
members of the senior executive service, as defined under section
3396(a) of title 5, United States Code, responsible for acquisition,
other senior officials responsible for acquisition, and other members of
the senior executive service, as appropriate, assume responsibility for
of the agency's success in achieving small business contracting goals
and percentages by--
(1) promoting a climate or environment that is responsive to
small business concerns;
(2) communicating the importance of achieving the agency's
small business contracting goals; and
(3) encouraging small business awareness, outreach, and
support.
(c) <<NOTE: 15 USC 631 note.>> Definitions.--In this section the
term ``responsible for acquisition'', with respect to a member of the
senior executive service or other senior official, means such a member
or official who acquires services or supplies, directs agency
organizations to acquire services or supplies, oversees acquisition
officials, including program managers, contracting officers, and other
acquisition workforce personnel responsible for formulating and
approving acquisition strategies and plans.
PART III--MENTOR-PROTEGE PROGRAMS
SEC. 1641. <<NOTE: 15 USC 631 note.>> MENTOR-PROTEGE PROGRAMS.
The Small Business Act (15 U.S.C. 631 et seq.) is amended--
[[Page 126 STAT. 2077]]
(1) by redesignating section 45 as section 47; and
(2) by inserting after section 44 the following:
``SEC. 45. <<NOTE: 15 USC 657r.>> MENTOR-PROTEGE PROGRAMS.
``(a) Administration Program.--
``(1) Authority.--The Administrator is authorized to
establish a mentor-protege program for all small business
concerns.
``(2) Model for program.--The mentor-protege program
established under paragraph (1) shall be identical to the
mentor-protege program of the Administration for small business
concerns that participate in the program under section 8(a) (as
in effect on the date of enactment of this section), except that
the Administrator may modify the program to the extent necessary
given the types of small business concerns included as proteges.
``(b) Programs of Other Agencies.--
``(1) Approval required.--Except as provided in paragraph
(4), a Federal department or agency may not carry out a mentor-
protege program for small business concerns unless--
``(A) <<NOTE: Plans.>> the head of the department
or agency submits a plan to the Administrator for the
program; and
``(B) the Administrator approves such plan.
``(2) Basis for approval.--The Administrator shall approve
or disapprove a plan submitted under paragraph (1) based on
whether the program proposed--
``(A) will assist proteges to compete for Federal
prime contracts and subcontracts; and
``(B) complies with the regulations issued under
paragraph (3).
``(3) <<NOTE: Deadline.>> Regulations.--Not later than 270
days after the date of enactment of this section, the
Administrator shall issue, subject to notice and comment,
regulations with respect to mentor-protege programs, which shall
ensure that such programs improve the ability of proteges to
compete for Federal prime contracts and subcontracts and which
shall address, at a minimum, the following:
``(A) Eligibility criteria for program participants,
including any restrictions on the number of mentor-
protege relationships permitted for each participant.
``(B) The types of developmental assistance to be
provided by mentors, including how the assistance
provided shall improve the competitive viability of the
proteges.
``(C) Whether any developmental assistance provided
by a mentor may affect the status of a program
participant as a small business concern due to
affiliation.
``(D) The length of mentor-protege relationships.
``(E) The effect of mentor-protege relationships on
contracting.
``(F) Benefits that may accrue to a mentor as a
result of program participation.
``(G) Reporting requirements during program
participation.
``(H) Postparticipation reporting requirements.
``(I) The need for a mentor-protege pair, if
accepted to participate as a pair in a mentor-protege
program of any Federal department or agency, to be
accepted to participate as a pair in all Federal mentor-
protege programs.
[[Page 126 STAT. 2078]]
``(J) Actions to be taken to ensure benefits for
proteges and to protect a protege against actions by a
mentor that--
``(i) may adversely affect the protege's
status as a small business concern; or
``(ii) provide disproportionate economic
benefits to the mentor relative to those provided
the protege.
``(4) Limitation on applicability.--Paragraph (1) does not
apply to the following:
``(A) Any mentor-protege program of the Department
of Defense.
``(B) Any mentoring assistance provided under a
Small Business Innovation Research Program or a Small
Business Technology Transfer Program.
``(C) <<NOTE: Time period.>> Until the date that is
1 year after the date on which the Administrator issues
regulations under paragraph (3), any Federal department
or agency operating a mentor-protege program in effect
on the date of enactment of this section.
``(c) Reporting.--
``(1) In general.--Not later than 2 years after the date of
enactment of this section, and annually thereafter, the
Administrator shall submit to the Committee on Small Business of
the House of Representatives and the Committee on Small Business
and Entrepreneurship of the Senate a report that--
``(A) identifies each Federal mentor-protege
program;
``(B) specifies the number of participants in each
such program, including the number of participants that
are--
``(i) small business concerns;
``(ii) small business concerns owned and
controlled by service-disabled veterans;
``(iii) qualified HUBZone small business
concerns;
``(iv) small business concerns owned and
controlled by socially and economically
disadvantaged individuals; or
``(v) small business concerns owned and
controlled by women;
``(C) describes the type of assistance provided to
proteges under each such program;
``(D) describes the benefits provided to mentors
under each such program; and
``(E) describes the progress of proteges under each
such program with respect to competing for Federal prime
contracts and subcontracts.
``(2) Provision of information.--The head of each Federal
department or agency carrying out a mentor-protege program shall
provide to the Administrator, on an annual basis, the
information necessary for the Administrator to submit a report
required under paragraph (1).
``(d) Definitions.--In this section, the following definitions
apply:
``(1) Mentor.--The term `mentor' means a for-profit business
concern, of any size, that--
``(A) has the ability to assist and commits to
assisting a protege to compete for Federal prime
contracts and subcontracts; and
``(B) satisfies any other requirements imposed by
the Administrator.
[[Page 126 STAT. 2079]]
``(2) Mentor-protege program.--The term `mentor-protege
program' means a program that pairs a mentor with a protege for
the purpose of assisting the protege to compete for Federal
prime contracts and subcontracts.
``(3) Protege.--The term `protege' means a small business
concern that--
``(A) is eligible to enter into Federal prime
contracts and subcontracts; and
``(B) satisfies any other requirements imposed by
the Administrator.
``(e) Current Mentor Protege Agreements.--Mentors and proteges with
approved agreement in a program operating pursuant to subsection
(b)(4)(C) shall be permitted to continue their relationship according to
the terms specified in their agreement until the expiration date
specified in the agreement.
``(f) <<NOTE: Deadlines.>> Submission of Agency Plans.--Agencies
operating mentor protege programs pursuant to subsection (b)(4)(C) shall
submit the plans specified in subsection (b)(1)(A) to the Administrator
within 6 months of the promulgation of rules required by subsection
(b)(3). The Administrator shall provide initial comments on each plan
within 60 days of receipt, and final approval or denial of each plan
within 180 days after receipt.''.
PART IV--TRANSPARENCY IN SUBCONTRACTING
SEC. 1651. LIMITATIONS ON SUBCONTRACTING.
The Small Business Act (15 U.S.C. 631 et seq.) is amended by
inserting before section 47 (as redesignated by section 1641 of this
subtitle) the following:
``SEC. 46. <<NOTE: 15 USC 657s.>> LIMITATIONS ON SUBCONTRACTING.
``(a) In General.--If awarded a contract under section 8(a), 8(m),
15(a), 31, or 36, a covered small business concern--
``(1) in the case of a contract for services, may not expend
on subcontractors more than 50 percent of the amount paid to the
concern under the contract;
``(2) in the case of a contract for supplies (other than
from a regular dealer in such supplies), may not expend on
subcontractors more than 50 percent of the amount, less the cost
of materials, paid to the concern under the contract;
``(3) <<NOTE: Determinations.>> in the case of a contract
described in paragraphs (1) and (2)--
``(A) shall determine for which category, services
(as described in paragraph (1)) or supplies (as
described in paragraph (2)), the greatest percentage of
the contract is awarded;
``(B) shall determine the amount awarded under the
contract for that category of services or supplies; and
``(C) may not expend on subcontractors, with respect
to the amount determined under subparagraph (B), more
than 50 percent of that amount; and
``(4) in the case of a contract for supplies from a regular
dealer in such supplies, shall supply the product of a domestic
small business manufacturer or processor, unless a waiver of
such requirement is granted--
[[Page 126 STAT. 2080]]
``(A) by the Administrator, after reviewing a
determination by the applicable contracting officer that
no small business manufacturer or processor can
reasonably be expected to offer a product meeting the
specifications (including period for performance)
required by the contract; or
``(B) by the Administrator for a product (or class
of products), after determining that no small business
manufacturer or processor is available to participate in
the Federal procurement market.
``(b) Similarly Situated Entities.--Contract amounts expended by a
covered small business concern on a subcontractor that is a similarly
situated entity shall not be considered subcontracted for purposes of
determining whether the covered small business concern has violated a
requirement established under subsection (a) or (d).
``(c) <<NOTE: Regulations. Notice. Public
information. Determination.>> Modifications of Percentages.--The
Administrator may change, by rule (after providing notice and an
opportunity for public comment), a percentage specified in paragraphs
(1) through (4) of subsection (a) if the Administrator determines that
such change is necessary to reflect conventional industry practices
among business concerns that are below the numerical size standard for
businesses in that industry category.
``(d) Other Contracts.--
``(1) <<NOTE: Regulation. Notice. Public information.>> In
general.--With respect to a category of contracts to which a
requirement under subsection (a) does not apply, the
Administrator is authorized to establish, by rule (after
providing notice and an opportunity for public comment), a
requirement that a covered small business concern may not expend
on subcontractors more than a specified percentage of the amount
paid to the concern under a contract in that category.
``(2) <<NOTE: Applicability.>> Uniformity.--A requirement
established under paragraph (1) shall apply to all covered small
business concerns.
``(3) <<NOTE: Regulations. Requirements. Applicability.>>
Construction projects.--The Administrator shall establish,
through public rulemaking, requirements similar to those
specified in paragraph (1) to be applicable to contracts for
general and specialty construction and to contracts for any
other industry category not otherwise subject to the
requirements of such paragraph. <<NOTE: Determination.>> The
percentage applicable to any such requirement shall be
determined in accordance with paragraph (1).
``(e) Definitions.--In this section, the following definitions
apply:
``(1) Covered small business concern.--The term `covered
small business concern' means a business concern that--
``(A) with respect to a contract awarded under
section 8(a), is a small business concern eligible to
receive contracts under that section;
``(B) with respect to a contract awarded under
section 8(m)--
``(i) is a small business concern owned and
controlled by women (as defined in that section);
or
``(ii) is a small business concern owned and
controlled by women (as defined in that section)
that is not less than 51 percent owned by 1 or
more women
[[Page 126 STAT. 2081]]
who are economically disadvantaged (and such
ownership is determined without regard to any
community property law);
``(C) with respect to a contract awarded under
section 15(a), is a small business concern;
``(D) with respect to a contract awarded under
section 31, is a qualified HUBZone small business
concern; or
``(E) with respect to a contract awarded under
section 36, is a small business concern owned and
controlled by service-disabled veterans.
``(2) Similarly situated entity.--The term `similarly
situated entity' means a subcontractor that--
``(A) if a subcontractor for a small business
concern, is a small business concern;
``(B) if a subcontractor for a small business
concern eligible to receive contracts under section
8(a), is such a concern;
``(C) if a subcontractor for a small business
concern owned and controlled by women (as defined in
section 8(m)), is such a concern;
``(D) if a subcontractor for a small business
concern owned and controlled by women (as defined in
section 8(m)) that is not less than 51 percent owned by
1 or more women who are economically disadvantaged (and
such ownership is determined without regard to any
community property law), is such a concern;
``(E) if a subcontractor for a qualified HUBZone
small business concern, is such a concern; or
``(F) if a subcontractor for a small business
concern owned and controlled by service-disabled
veterans, is such a concern.''.
SEC. 1652. PENALTIES.
Section 16 of the Small Business Act (15 U.S.C. 645) is amended by
adding at the end the following:
``(g) Subcontracting Limitations.--
``(1) In general.--Whoever violates a requirement
established under section 46 shall be subject to the penalties
prescribed in subsection (d), except that, for an entity that
exceeded a limitation on subcontracting under such section, the
fine described in subsection (d)(2)(A) shall be treated as the
greater of--
``(A) $500,000; or
``(B) the dollar amount expended, in excess of
permitted levels, by the entity on subcontractors.
``(2) <<NOTE: Deadline.>> Monitoring.--Not later than 1
year after the date of enactment of this subsection, the
Administrator shall take such actions as are necessary to ensure
that an existing Federal subcontracting reporting system is
modified to notify the Administrator, the appropriate Director
of the Office of Small and Disadvantaged Business Utilization,
and the appropriate contracting officer if a requirement
established under section 46 is violated.''.
SEC. 1653. SUBCONTRACTING PLANS.
(a) Amendments to Small Business Act Requirements.--Section 8(d) of
the Small Business Act (15 U.S.C. 637(d)) is amended by--
[[Page 126 STAT. 2082]]
(1) redesignating paragraphs (7), (8), (9), (10), (11), and
(12) as paragraphs (8), (9), (10), (11), (12), and (13)
respectively;
(2) inserting after paragraph (6) the following:
``(7) The head of the contracting agency shall ensure that--
``(A) <<NOTE: Reports.>> the agency collects and
reports data on the extent to which contractors of the
agency meet the goals and objectives set forth in
subcontracting plans submitted pursuant to this
subsection; and
``(B) <<NOTE: Reviews.>> the agency periodically
reviews data collected and reported pursuant to
subparagraph (A) for the purpose of ensuring that such
contractors comply in good faith with the requirements
of this subsection and subcontracting plans submitted by
the contractors pursuant to this subsection.'';
(3) in paragraph (9), as redesignated by paragraph (1) of
this subsection, striking ``shall be a material breach of such
contract or subcontract'' and inserting ``shall be a material
breach of such contract or subcontract and may be considered in
any past performance evaluation of the contractor'';
(4) in subparagraph (C) of paragraph (11), as redesignated
by paragraph (1) of this subsection, by striking ``, either on a
contract-by-contract basis, or in the case contractors'' and
inserting ``as a supplement to evaluations performed by the
contracting agency, either on a contract-by-contract basis or,
in the case of contractors''; and
(5) by adding at the end the following:
``(14) <<NOTE: Notification.>> An offeror for a covered
contract that intends to identify a small business concern as a
potential subcontractor in a bid or proposal for the contract,
or in a plan submitted pursuant to this subsection in connection
with the contract, shall notify the small business concern prior
to making such identification.
``(15) <<NOTE: Reports.>> The Administrator shall establish
a reporting mechanism that allows a subcontractor or potential
subcontractor to report fraudulent activity or bad faith by a
contractor with respect to a subcontracting plan submitted
pursuant to this subsection.''.
(b) <<NOTE: 15 USC 637d.>> Additional Requirements.--
(1) Reporting requirements.--Not later than 1 year after the
date of the enactment of this part, the Administrator of the
Small Business Administration shall take such actions as are
necessary to ensure that the electronic subcontracting reporting
system established by the Administration to carry out the
requirement of section 8(d)(6)(E) of the Small Business Act is
modified to ensure that it can identify entities that fail to
submit required reports.
(2) Annual report.--Not later than March 31 of each year,
the Administrator of the Small Business Administration shall
provide the Committee on Small Business of the House of
Representatives and the Committee on Small Business and
Entrepreneurship of the Senate a report, based on data available
through existing systems, that sets forth, by agency (and to the
extent practicable, by type of goal or plan), the following
information:
(A) the percentage of entities required to submit
reports pursuant to section 8(d)(6) of the Small
Business
[[Page 126 STAT. 2083]]
Act that filed such reports and that failed to file such
reports during the prior fiscal year;
(B) the percentage of entities filing such reports
that met, exceeded, or failed to meet goals set forth in
their subcontracting plans during the prior fiscal year;
and
(C) the aggregate value by which such entities
exceeded, or failed to meet, their subcontracting goals
during the prior fiscal year.
SEC. 1654. NOTICES OF SUBCONTRACTING OPPORTUNITIES.
Section 8(k)(1) of the Small Business Act (15 U.S.C. 637(k)(1)) is
amended by striking ``in the Commerce Business Daily'' and inserting
``on the appropriate Federal Web site (as determined by the
Administrator)''.
SEC. 1655. <<NOTE: Deadline. Procedures. 31 USC 501 note.>>
PUBLICATION OF CERTAIN DOCUMENTS.
Not later than 270 days after the date of the enactment of this
part, the Director of the Office of Management and Budget shall publish
procedures and methodologies to be used by Federal agencies with respect
to decisions to convert a function being performed by a small business
concern to performance by a Federal employee, including procedures and
methodologies for determining which contracts will be studied for
potential conversion; procedures and methodologies by which a contract
is evaluated as inherently governmental or as a critical agency
function; and procedures and methodologies for estimating and comparing
costs. Should a Federal agency develop any agency-specific methodologies
for identifying critical agency functions or supplemental implementation
guidance, such methodologies and guidance shall be published upon
implementation.
PART V--SMALL BUSINESS CONCERN SIZE STANDARDS
SEC. 1661. SMALL BUSINESS CONCERN SIZE STANDARDS.
Section 3 of the Small Business Act (15 U.S.C. 632) is amended--
(1) by striking ``Sec. 3.'' and inserting the following:
``SEC. 3. DEFINITIONS.'';
and
(2) in subsection (a)--
(A) by striking the subsection enumerator and
inserting the following:
``(a) Small Business Concerns.--'';
(B) in paragraph (1), by striking ``(1) For the
purposes'' and inserting the following:
``(1) In general.--For the purposes'';
(C) in paragraph (3), by striking ``(3) When
establishing'' and inserting the following:
``(3) Variation by industry and consideration of other
factors.--When establishing'';
(D) by moving paragraph (5), including each
subparagraph and clause therein, 2 ems to the right; and
(E) by adding at the end the following:
``(6) <<NOTE: Public information.>> Proposed rulemaking.--
In conducting rulemaking to revise, modify or establish size
standards pursuant to this
[[Page 126 STAT. 2084]]
section, the Administrator shall consider, and address, and make
publicly available as part of the notice of proposed rulemaking
and notice of final rule each of the following:
``(A) a detailed description of the industry for
which the new size standard is proposed;
``(B) an analysis of the competitive environment for
that industry;
``(C) the approach the Administrator used to develop
the proposed standard including the source of all data
used to develop the proposed rule making; and
``(D) the anticipated effect of the proposed
rulemaking on the industry, including the number of
concerns not currently considered small that would be
considered small under the proposed rule making and the
number of concerns currently considered small that would
be deemed other than small under the proposed
rulemaking.
``(7) <<NOTE: Public information. Deadline.>> Common size
standards.--In carrying out this subsection, the Administrator
may establish or approve a single size standard for a grouping
of 4-digit North American Industry Classification System codes
only if the Administrator makes publicly available, not later
than the date on which such size standard is established or
approved, a justification demonstrating that such size standard
is appropriate for each individual industry classification
included in the grouping.
``(8) Number of size standards.--The Administrator shall not
limit the number of size standards established pursuant to
paragraph (2), and shall assign the appropriate size standard to
each North American Industry Classification System Code.''.
PART VI--CONTRACT BUNDLING
SEC. 1671. CONTRACT BUNDLING.
(a) Construction Contracts.--Section 44 of the Small Business Act
(15 U.S.C. 657q) is amended in subsection (a)(2) by striking ``or a
multiple award contract to satisfy 2 or more requirements of the Federal
agency for goods or services that have been provided to or performed for
the Federal agency under 2 or more separate contracts lower in cost than
the total cost of the contract for which the offers are solicited; and''
and inserting the following: ``or a multiple award contract--
``(A) to satisfy 2 or more requirements of the
Federal agency for goods or services that have been
provided to or performed for the Federal agency under 2
or more separate contracts lower in cost than the total
cost of the contract for which the offers are solicited;
or
``(B) to satisfy requirements of the Federal agency
for construction projects to be performed at 2 or more
discrete sites; and''.
(b) Clarification of Certain Requirements.--Section 44 of such Act
is further amended in subsection (c)(1)(E), by striking ``certifies to
the head of the Federal agency'' and inserting ``ensures''.
(c) Repeal of Superseded Law and Conforming Change.--
(1) Consolidation of contract requirements: policy and
restrictions.--Section 2382 of title 10, United States Code is
repealed. The table of sections for chapter 141 of such title
is <<NOTE: 10 USC 2381 prec.>> amended by striking the item
relating to section 2382.
[[Page 126 STAT. 2085]]
(2) Consolidation of contract requirements; department of
defense.--Section 44 of the Small Business Act, as amended by
subsections (a) and (b) of this section, is further amended in
subsection (c) by striking paragraph (4).
(d) <<NOTE: Deadline.>> Comptroller General Review.--Not later than
270 days after the date of the enactment of this subsection, the
Comptroller General of the United States shall review data and
information regarding consolidated contracts awarded by
Federal <<NOTE: Assessment.>> agencies. The review shall include an
assessment of--
(1) the extent to which written determinations that the
consolidation of contract requirements was necessary and
justified meet the requirements of applicable provisions of law
and regulation;
(2) the amount of savings and benefits realized pursuant to
such contracts, in comparison with--
(A) the performance of similar requirements under
previous contracts; and
(B) the savings and benefits anticipated by the
analysis required prior to the contract award pursuant
to applicable provisions of law and regulation;
(3) the extent to which the consolidation of contract
requirements was consistent with the contracting agency's small
business subcontracting plans; and
(4) the adequacy of data collected pursuant to section 15 of
the Small Business Act relating to contract bundling.
PART VII--INCREASED PENALTIES FOR FRAUD
SEC. 1681. <<NOTE: Deadlines.>> SAFE HARBOR FOR GOOD FAITH
COMPLIANCE EFFORTS.
(a) Small Business Fraud.--Section 16(d) of the Small Business Act
(15 U.S.C. 645(d)) is amended by inserting after paragraph (2) the
following:
``(3) Limitation on liability.--This subsection shall not
apply to any conduct in violation of subsection (a) if the
defendant acted in good faith reliance on a written advisory
opinion from a Small Business Development Center (as defined in
this Act), or an entity participating in the Procurement
Technical Assistance Cooperative Agreement Program defined in
chapter 142 of title 10, United States Code; however nothing in
this Act shall obligate either entity to provide such a letter
nor shall the provision of such a letter in any way render the
providing entity liable to the business concern should the
Administrator later determine that the concern is not a small
business concern. <<NOTE: Advisory opinion. Records.>> Upon
issuance of an advisory opinion under this paragraph, the entity
issuing the advisory opinion shall remit a copy of the opinion
to the General Counsel of the Administration, who may reject the
advisory opinion. <<NOTE: Notification.>> If the General Counsel
of the Administration rejects the advisory opinion, the
Administration shall notify the entity issuing the advisory
opinion and the recipient of the opinion, after which time the
business concern may not rely upon the opinion.''.
(b) <<NOTE: 15 USC 645 note.>> Regulations.--Not later than 270
days after the date of enactment of this part, the Administrator of the
Small Business Administration shall issue rules defining what
constitutes an adequate advisory opinion for purposes of section
16(d)(3) of the Small Business Act.
[[Page 126 STAT. 2086]]
(c) <<NOTE: 15 USC 632 note.>> Small Business Compliance Guide.--
Not later than 270 days after the date of enactment of this part, the
Administrator of the Small Business Administration shall issue (pursuant
to section 212 of the Small Business Regulatory Enforcement Fairness Act
of 1996) a compliance guide to assist business concerns in accurately
determining their status as a small business concern.
SEC. 1682. <<NOTE: Deadlines.>> REQUIREMENT THAT FRAUDULENT
BUSINESSES BE SUSPENDED OR DEBARRED.
(a) In General.--Section 16(d)(2)(C) of the Small Business Act (15
U.S.C. 645(d)(2)(C)) is amended by striking ``on the basis that such
misrepresentation indicates a lack of business integrity that seriously
and directly affects the present responsibility to perform any contract
awarded by the Federal Government or a subcontract under such a
contract''.
(b) <<NOTE: 15 USC 645 note.>> Development and Promulgation of
Guidance.--Not later than 270 days after the date of enactment of this
part, the Administrator of the Small Business Administration shall
develop and promulgate guidance implementing this section.
(c) <<NOTE: 15 USC 645 note.>> Publication of Procedures Regarding
Suspension and Debarment.--Not later than <<NOTE: Web posting.>> 270
days after the date of enactment of this part, the Administrator shall
publish and maintain on the Administration's Web site the current
standard operating procedures of the Administration for suspension and
debarment, and the name and contact information for the individual
designated by the Administrator as the senior individual responsible for
suspension and debarment proceedings.
SEC. 1683. <<NOTE: 15 USC 645a.>> ANNUAL REPORT ON SUSPENSIONS
AND DEBARMENTS PROPOSED BY SMALL
BUSINESS ADMINISTRATION.
(a) Report Requirement.--The Administrator of the Small Business
Administration shall submit each year to the Committee on Small Business
and Entrepreneurship of the Senate, and the Committee on Small Business
of the House of Representatives a report on the suspension and debarment
actions taken by the Administrator during the year preceding the year of
submission of the report.
(b) Matters Covered.--The report required by subsection (a) shall
include the following information for the year covered by the report:
(1) Number.--The number of contractors proposed for
suspension or debarment.
(2) Source.--The office within a Federal agency that
originated each proposal for suspension or debarment.
(3) Reasons.--The reason for each proposal for suspension or
debarment.
(4) Results.--The result of each proposal for suspension or
debarment, and the reason for such result.
(5) Referrals.--The number of suspensions or debarments
referred to the Inspector General of the Small Business
Administration or another agency, or to the Attorney General
(for purposes of this paragraph, the Administrator may redact
identifying information on names of companies or other
information in order to protect the integrity of any ongoing
criminal or civil investigation).
[[Page 126 STAT. 2087]]
PART VIII--OFFICES OF SMALL AND DISADVANTAGED BUSINESS UNITS
SEC. 1691. OFFICES OF SMALL AND DISADVANTAGED BUSINESS
UTILIZATION.
(a) Appointment and Position of Director.--Section 15(k)(2) of the
Small Business Act (15 U.S.C. 644(k)(2)) is amended by striking ``such
agency,'' and inserting ``such agency to a position that is a Senior
Executive Service position (as such term is defined under section
3132(a) of title 5, United States Code), except that, for any agency in
which the positions of Chief Acquisition Officer and senior procurement
executive (as such terms are defined under section 44(a) of this Act)
are not Senior Executive Service positions, the Director of Small and
Disadvantaged Business Utilization may be appointed to a position
compensated at not less than the minimum rate of basic pay payable for
grade GS-15 of the General Schedule under section 5332 of such title
(including comparability payments under section 5304 of such title);''.
(b) Performance Appraisals.--Section 15(k)(3) of such Act (15 U.S.C.
644(k)(3)) is amended--
(1) by striking ``be responsible only to, and report
directly to, the head'' and inserting ``shall be responsible
only to (including with respect to performance appraisals), and
report directly and exclusively to, the head''; and
(2) by striking ``be responsible only to, and report
directly to, such Secretary'' and inserting ``be responsible
only to (including with respect to performance appraisals), and
report directly and exclusively to, such Secretary''.
(c) Additional Requirements.--Section 15(k) of such Act (15 U.S.C.
644(k)) is amended by inserting after paragraph (10) the following:
``(11) <<NOTE: Review.>> shall review and advise such
agency on any decision to convert an activity performed by a
small business concern to an activity performed by a Federal
employee;
``(12) shall provide to the Chief Acquisition Officer and
senior procurement executive of such agency advice and comments
on acquisition strategies, market research, and justifications
related to section 44 of this Act;
``(13) may provide training to small business concerns and
contract specialists, except that such training may only be
provided to the extent that the training does not interfere with
the Director carrying out other responsibilities under this
subsection;
``(14) shall receive unsolicited proposals and, when
appropriate, forward such proposals to personnel of the activity
responsible for reviewing such proposals;
``(15) shall carry out exclusively the duties enumerated in
this Act, and shall, while the Director, not hold any other
title, position, or responsibility, except as necessary to carry
out responsibilities under this subsection; and
``(16) <<NOTE: Reports.>> shall submit, each fiscal year,
to the Committee on Small Business of the House of
Representatives and the Committee on Small Business and
Entrepreneurship of the Senate a report describing--
``(A) the training provided by the Director under
paragraph (13) in the most recently completed fiscal
year;
[[Page 126 STAT. 2088]]
``(B) the percentage of the budget of the Director
used for such training in the most recently completed
fiscal year; and
``(C) the percentage of the budget of the Director
used for travel in the most recently completed fiscal
year.''.
(d) Requirement of Acquisition Experience for OSDBU Director.--
Section 15(k) of the Small Business Act (15 U.S.C. 644(k)), as amended
by this part, is further amended, in the matter preceding paragraph (1),
by striking ``who shall'' and inserting the following: ``, with
experience serving in any combination of the following roles: program
manager, deputy program manager, or assistant program manager for
Federal acquisition program; chief engineer, systems engineer, assistant
engineer, or product support manager for Federal acquisition program;
Federal contracting officer; small business technical advisor; contracts
administrator for Federal Government contracts; attorney specializing in
Federal procurement law; small business liaison officer; officer or
employee who managed Federal Government contracts for a small business;
or individual whose primary responsibilities were for the functions and
duties of section 8, 15 or 44 of this Act. Such officer or employee''.
(e) Technical Amendments.--Section 15(k) of such Act (15 U.S.C.
644(k)), as amended, is further amended--
(1) in paragraph (1)--
(A) by striking ``be known'' and inserting ``shall
be known''; and
(B) by striking ``such agency,'' and inserting
``such agency;'';
(2) in paragraph (2) by striking ``be appointed by'' and
inserting ``shall be appointed by'';
(3) in paragraph (3)--
(A) by striking ``director'' and inserting
``Director''; and
(B) by striking ``Secretary's designee,'' and
inserting ``Secretary's designee;'';
(4) in paragraph (4)--
(A) by striking ``be responsible'' and inserting
``shall be responsible''; and
(B) by striking ``such agency,'' and inserting
``such agency;'';
(5) in paragraph (5) by striking ``identify proposed'' and
inserting ``shall identify proposed'';
(6) in paragraph (6) by striking ``assist small'' and
inserting ``shall assist small'';
(7) in paragraph (7)--
(A) by striking ``have supervisory'' and inserting
``shall have supervisory''; and
(B) by striking ``this Act,'' and inserting ``this
Act;'';
(8) in paragraph (8)--
(A) in the matter preceding subparagraph (A), by
striking ``assign a'' and inserting ``shall assign a'';
and
(B) in subparagraph (A), by striking ``the activity,
and'' and inserting ``the activity; and'';
(9) in paragraph (9)--
(A) by striking ``cooperate, and'' and inserting
``shall cooperate, and''; and
(B) by striking ``subsection, and'' and inserting
``subsection;''; and
[[Page 126 STAT. 2089]]
(10) in paragraph (10)--
(A) by striking ``make recommendations'' and
inserting ``shall make recommendations'';
(B) by striking ``subsection (a), or section'' and
inserting ``subsection (a), section'';
(C) by striking ``Act or section 2323'' and
inserting ``Act, or section 2323'';
(D) by striking ``Code. Such recommendations shall''
and inserting ``Code, which shall''; and
(E) by striking ``contract file.'' and inserting
``contract file;''.
SEC. 1692. SMALL BUSINESS PROCUREMENT ADVISORY COUNCIL.
(a) Duties.--Section 7104(b) of the Federal Acquisition Streamlining
Act of 1994 (15 U.S.C. 644 note) is amended--
(1) in paragraph (1) by striking ``and'' at the end;
(2) in paragraph (2) by striking ``authorities.'' and
inserting ``authorities;''; and
(3) by adding at the end the following:
``(3) <<NOTE: Reviews.>> to conduct reviews of each Office
of Small and Disadvantaged Business Utilization established
under section 15(k) of the Small Business Act (15 U.S.C. 644(k))
to determine the compliance of each Office with requirements
under such section;
``(4) to identify best practices for maximizing small
business utilization in Federal contracting that may be
implemented by Federal agencies having procurement powers; and
``(5) <<NOTE: Reports. Time periods.>> to submit, annually,
to the Committee on Small Business of the House of
Representatives and the Committee on Small Business and
Entrepreneurship of the Senate a report describing--
``(A) the comments submitted under paragraph (2)
during the 1-year period ending on the date on which the
report is submitted, including any outcomes related to
the comments;
``(B) the results of reviews conducted under
paragraph (3) during such 1-year period; and
``(C) best practices identified under paragraph (4)
during such 1-year period.''.
(b) Membership.--Section 7104(c)(3) of such Act (15 U.S.C. 644 note)
is amended by striking ``(established under section 15(k) of the Small
Business Act (15 U.S.C. 644(k))''.
(c) Chairman.--Section 7104(d) of such Act (15 U.S.C. 644 note) is
amended by inserting after ``Small Business Administration'' the
following: ``(or the designee of the Administrator)''.
PART IX--OTHER MATTERS
SEC. 1695. SURETY BONDS.
(a) Maximum Bond Amount.--Section 411(a)(1) of the Small Business
Investment Act of 1958 (15 U.S.C. 694b(a)(1)) is amended--
(1) by inserting ``(A)'' after ``(1)'';
(2) by striking ``does not exceed'' and all that follows
through the period at the end, and inserting ``does not exceed
$6,500,000, as adjusted for inflation in accordance with section
1908 of title 41, United States Code.''; and
[[Page 126 STAT. 2090]]
(3) by adding at the end the following:
``(B) The Administrator may guarantee a surety under subparagraph
(A) for a total work order or contract amount that does not exceed
$10,000,000, if a contracting officer of a Federal agency certifies that
such a guarantee is necessary.''.
(b) Denial of Liability.--Section 411 of the Small Business
Investment Act of 1958 (15 U.S.C. 694b) is amended--
(1) by striking subsection (e) and inserting the following:
``(e) Reimbursement of Surety; Conditions.--Pursuant to any such
guarantee or agreement, the Administration shall reimburse the surety,
as provided in subsection (c) of this section, except that the
Administration shall be relieved of liability (in whole or in part
within the discretion of the Administration) if--
``(1) the surety obtained such guarantee or agreement, or
applied for such reimbursement, by fraud or material
misrepresentation,
``(2) the total contract amount at the time of execution of
the bond or bonds exceeds $6,500,000,
``(3) the surety has breached a material term or condition
of such guarantee agreement, or
``(4) the surety has substantially violated the regulations
promulgated by the Administration pursuant to subsection (d).'';
and
(2) by inserting after subsection (i) the following:
``(j) For bonds made or executed with the prior approval of the
Administration, the Administration shall not deny liability to a surety
based upon material information that was provided as part of the
guarantee application.''.
(c) Size Standards.--Section 410 of the Small Business Investment
Act of 1958 (15 U.S.C. 694a) is amended by inserting after paragraph (8)
the following:
``(9) <<NOTE: Definition.>> Notwithstanding any other provision of
law or any rule, regulation, or order of the Administration, for purpose
of sections 410, 411, and 412 the term `small business concern' means a
business concern that meets the size standard for the primary industry
in which such business concern, and the affiliates of such business
concern, is engaged, as determined by the Administrator in accordance
with the North American Industry Classification System.''.
SEC. 1696. CONFORMING AMENDMENTS; REPEAL OF REDUNDANT PROVISIONS;
REGULATIONS.
(a) Technical Amendments.--Section 15 of the Small Business Act (15
U.S.C. 644) is amended--
(1) in the heading of subsection (p), to read as follows:
``Access to Data.--''; and
(2) in the heading of subsection (q), to read as follows:
``Reports Related to Procurement Center Representatives.--''.
(b) Conforming Amendments Pertaining to Limitations on
Subcontracting.--
(1) Hubzones.--Section 3(p)(5) of the Small Business Act (15
U.S.C. 632(p)(5)) is amended--
(A) in subparagraph (A)(i) by striking subclause
(III) and inserting the following:
``(III) with respect to any
subcontract entered into by the small
business concern pursuant to a contract
awarded to the small business concern
[[Page 126 STAT. 2091]]
under section 31, the small business
concern will ensure that the
requirements of section 46 are
satisfied; and'';
(B) by striking subparagraphs (B) and (C); and
(C) by redesignating subparagraph (D) as
subparagraph (B).
(2) Entities eligible for contracts under section 8(a).--
Section 8(a) of such Act (15 U.S.C. 637(a)) is amended by
striking paragraph (14) and inserting the following:
``(14) Limitations on subcontracting.--A concern may not be
awarded a contract under this subsection as a small business
concern unless the concern agrees to satisfy the requirements of
section 46.''.
(3) Small business concerns.--Section 15 of such Act (15
U.S.C. 644) is amended by striking subsection (o) and inserting
the following:
``(o) Limitations on Subcontracting.--A concern may not be awarded a
contract under subsection (a) as a small business concern unless the
concern agrees to satisfy the requirements of section 46.''.
(c) <<NOTE: Deadline. Guidance. 15 USC 632 note.>> Regulations.--
Not later than 180 days after the date of enactment of this part, the
Administrator of the Small Business Administration shall issue guidance
with respect to the changes made to the Small Business Act by the
amendments in this subtitle, with opportunities for notice and comment.
SEC. 1697. CONTRACTING WITH SMALL BUSINESS CONCERNS OWNED AND
CONTROLLED BY WOMEN.
(a) Procurement Program for Women-owned Small Business Concerns.--
Section 8(m)(2) of the Small Business Act (15 U.S.C. 637(m)(2)) is
amended--
(1) by striking subparagraph (D); and
(2) by redesignating subparagraphs (E) and (F) as
subparagraphs (D) and (E), respectively.
(b) Study and Report on Representation of Women.--Section 29 of the
Small Business Act (15 U.S.C. 656) is amended by adding at the end the
following:
``(o) Study and Report on Representation of Women.--
``(1) Study.--The Administrator shall periodically conduct a
study to identify industries, as defined under the North
American Industry Classification System, underrepresented by
small business concerns owned and controlled by women.
``(2) <<NOTE: Time period.>> Report.--Not later than 5
years after the date of enactment of this subsection, and every
5 years thereafter, the Administrator shall submit to the
Committee on Small Business and Entrepreneurship of the Senate
and the Committee on Small Business of the House of
Representatives a report on the results of each study under
paragraph (1) conducted during the 5-year period ending on the
date of the report.''.
SEC. 1698. <<NOTE: 15 USC 632 note.>> SMALL BUSINESS HUBZONES.
(a) Definition.--In this section, the term ``covered base closure
area'' means a base closure area that, on or before the date of
enactment of this Act, was treated as a HUBZone for purposes of the
Small Business Act (15 U.S.C. 631 et seq.) pursuant to section 152(a)(2)
of the Small Business Reauthorization and Manufacturing Assistance Act
of 2004 (15 U.S.C. 632 note).
[[Page 126 STAT. 2092]]
(b) Treatment as HUBZone.--
(1) In general.--Subject to paragraph (2), a covered base
closure area shall be treated as a HUBZone for purposes of the
Small Business Act (15 U.S.C. 631 et seq.) during the 5-year
period beginning on the date of enactment of this Act.
(2) Limitation.--The total period of time that a covered
base closure area is treated as a HUBZone for purposes of the
Small Business Act (15 U.S.C. 631 et seq.) pursuant to this
section and section 152(a)(2) of the Small Business
Reauthorization and Manufacturing Assistance Act of 2004 (15
U.S.C. 632 note) may not exceed 5 years.
SEC. 1699. NATIONAL VETERANS BUSINESS DEVELOPMENT CORPORATION.
(a) In General.--The Small Business Act (15 U.S.C. 631 et seq.) is
amended by striking section 33 (15 U.S.C. 657c).
(b) <<NOTE: Effective date. 15 USC 657c note.>> Corporation.--On
and after the date of enactment of this Act, the National Veterans
Business Development Corporation and any successor thereto may not
represent that the corporation is federally chartered or in any other
manner authorized by the Federal Government.
(c) Technical and Conforming Amendments.--
(1) Title 10.--Section 1142(b)(13) of title 10, United
States Code, is amended by striking ``and the National Veterans
Business Development Corporation''.
(2) Title 38.--Section 3452(h) of title 38, United States
Code, is amended by striking ``any of the'' and all that follows
and inserting ``any small business development center described
in section 21 of the Small Business Act (15 U.S.C. 648), insofar
as such center offers, sponsors, or cosponsors an
entrepreneurship course, as that term is defined in section
3675(c)(2).''.
(3) Veterans entrepreneurship and small business development
act of 1999.--Section 203(c)(5) of the Veterans Entrepreneurship
and Small Business Development Act of 1999 (15 U.S.C. 657b note)
is amended by striking ``In cooperation with the National
Veterans Business Development Corporation, develop'' and
inserting ``Develop''.
SEC. 1699a. STATE TRADE AND EXPORT PROMOTION GRANT PROGRAM.
Section 1207(a)(5) of the Small Business Jobs Act of 2010 (15 U.S.C.
649b note) is amended by inserting after ``Guam,'' the following: ``the
Commonwealth of the Northern Mariana Islands,''.
TITLE XVII--ENDING TRAFFICKING IN GOVERNMENT CONTRACTING
Sec. 1701. Definitions.
Sec. 1702. Contracting requirements.
Sec. 1703. Compliance plan and certification requirement.
Sec. 1704. Monitoring and investigation of trafficking in persons.
Sec. 1705. Notification to inspectors general and cooperation with
Government.
Sec. 1706. Expansion of penalties for fraud in foreign labor contracting
to include attempted fraud and work outside the United
States.
Sec. 1707. Improving Department of Defense accountability for reporting
trafficking in persons claims and violations.
Sec. 1708. Rules of construction; effective date.
SEC. 1701. <<NOTE: 22 USC 7104a note.>> DEFINITIONS.
In this title:
[[Page 126 STAT. 2093]]
(1) Executive agency.--The term ``executive agency'' has the
meaning given the term in section 133 of title 41, United States
Code.
(2) Subcontractor.--The term ``subcontractor'' means a
recipient of a contract at any tier under a grant, contract, or
cooperative agreement.
(3) Subgrantee.--The term ``subgrantee'' means a recipient
of a grant at any tier under a grant or cooperative agreement.
(4) United states.--The term ``United States'' has the
meaning provided in section 103(12) of the Trafficking Victims
Protection Act of 2000 (22 U.S.C. 7102(12)).
SEC. 1702. CONTRACTING REQUIREMENTS.
Section 106(g) of the Trafficking Victims Protection Act of 2000 (22
U.S.C. 7104(g)) is amended by striking ``without penalty'' and all that
follows through the period at the end and inserting the following: ``or
take any of the other remedial actions authorized under section 1704(c)
of the National Defense Authorization Act for Fiscal Year 2013, without
penalty, if the grantee or any subgrantee, or the contractor or any
subcontractor, engages in, or uses labor recruiters, brokers, or other
agents who engage in--
``(i) severe forms of trafficking in persons;
``(ii) the procurement of a commercial sex act
during the period of time that the grant,
contract, or cooperative agreement is in effect;
``(iii) the use of forced labor in the
performance of the grant, contract, or cooperative
agreement; or
``(iv) acts that directly support or advance
trafficking in persons, including the following
acts:
``(I) Destroying, concealing,
removing, confiscating, or otherwise
denying an employee access to that
employee's identity or immigration
documents.
``(II) Failing to provide return
transportation or pay for return
transportation costs to an employee from
a country outside the United States to
the country from which the employee was
recruited upon the end of employment if
requested by the employee, unless--
``(aa) exempted from the
requirement to provide or pay
for such return transportation
by the Federal department or
agency providing or entering
into the grant, contract, or
cooperative agreement; or
``(bb) the employee is a
victim of human trafficking
seeking victim services or legal
redress in the country of
employment or a witness in a
human trafficking enforcement
action.
``(III) Soliciting a person for the
purpose of employment, or offering
employment, by means of materially false
or fraudulent pretenses,
representations, or promises regarding
that employment.
``(IV) Charging recruited employees
unreasonable placement or recruitment
fees, such as fees equal to or greater
than the employee's monthly
[[Page 126 STAT. 2094]]
salary, or recruitment fees that violate
the laws of the country from which an
employee is recruited.
``(V) Providing or arranging housing
that fails to meet the host country
housing and safety standards.''.
SEC. 1703. COMPLIANCE PLAN AND CERTIFICATION REQUIREMENT.
(a) <<NOTE: 22 USC 7104a.>> Requirement.--The head of an executive
agency may not provide or enter into a grant, contract, or cooperative
agreement if the estimated value of the services required to be
performed under the grant, contract, or cooperative agreement outside
the United States exceeds $500,000, unless a duly designated
representative of the recipient of such grant, contract, or cooperative
agreement certifies to the contracting or grant officer prior to
receiving an award and on an annual basis thereafter, after having
conducted due diligence, that--
(1) the recipient has implemented a plan to prevent the
activities described in section 106(g) of the Trafficking
Victims Protection Act of 2000 (22 U.S.C. 7104(g)), as amended
by section 1702, and is in compliance with that plan;
(2) <<NOTE: Procedures.>> the recipient has implemented
procedures to prevent any activities described in such section
106(g) and to monitor, detect, and terminate any subcontractor,
subgrantee, or employee of the recipient engaging in any
activities described in such section; and
(3) to the best of the representative's knowledge, neither
the recipient, nor any subcontractor or subgrantee of the
recipient or any agent of the recipient or of such a
subcontractor or subgrantee, is engaged in any of the activities
described in such section.
(b) Limitation.--Any plan or procedures implemented pursuant to
subsection (a) shall be appropriate to the size and complexity of the
grant, contract, or cooperative agreement and to the nature and scope of
its activities, including the number of non-United States citizens
expected to be employed.
(c) <<NOTE: Records. Web posting.>> Disclosure.--The recipient
shall provide a copy of the plan to the contracting or grant officer
upon request, and as appropriate, shall post the useful and relevant
contents of the plan or related materials on its website and at the
workplace.
(d) <<NOTE: President. Consultation. Procedures.>> Guidance.--The
President, in consultation with the Secretary of State, the Attorney
General, the Secretary of Defense, the Secretary of Labor, the Secretary
of Homeland Security, the Administrator for the United States Agency for
International Development, and the heads of such other executive
agencies as the President deems appropriate, shall establish minimum
requirements for contractor plans and procedures to be implemented
pursuant to this section.
SEC. 1704. <<NOTE: 22 USC 7104b.>> MONITORING AND INVESTIGATION
OF TRAFFICKING IN PERSONS.
(a) Referral and Investigation.--
(1) Referral.--If the contracting or grant officer of an
executive agency for a grant, contract, or cooperative agreement
receives credible information that a recipient of the grant,
contract, or cooperative agreement; any subgrantee or
subcontractor of the recipient; or any agent of the recipient or
of such a subgrantee or subcontractor, has engaged in an
activity described in section 106(g) of the Trafficking Victims
Protection
[[Page 126 STAT. 2095]]
Act of 2000 (22 U.S.C. 7104(g)), as amended by section 1702,
including a report from a contracting officer representative, an
auditor, an alleged victim or victim's representative, or any
other credible source, the contracting or grant officer shall
promptly refer the matter to the agency's Office of Inspector
General for investigation. The contracting officer may also
direct the contractor to take specific steps to abate an alleged
violation or enforce the requirements of a compliance plan
implemented pursuant to section 1703.
(2) <<NOTE: Review. Determination.>> Investigation.--An
Inspector General who receives a referral under paragraph (1) or
otherwise receives credible information that a recipient of the
grant, contract, or cooperative agreement; any subgrantee or
subcontractor of the recipient; or any agent of the recipient or
of such a subgrantee or subcontractor, has engaged in an
activity described in section 106(g) of the Trafficking Victims
Protection Act of 2000 (22 U.S.C. 7104(g)), as amended by
section 1702, shall promptly review the referral or information
and determine whether to initiate an investigation of the
matter. In the event that an Inspector General does not initiate
an investigation, the Inspector General shall document the
rationale for the decision not to investigate.
(3) Criminal investigation.--If the matter is referred to
the Department of Justice for criminal prosecution, the
Inspector General may suspend any investigation under this
subsection pending the outcome of the criminal prosecution.
The <<NOTE: Notification.>> Inspector General shall notify the
head of the executive agency that awarded the contract, grant,
or cooperative agreement of an indictment, information, or
criminal complaint against the recipient of a contract, grant,
or cooperative agreement; any subgrantee or subcontractor of the
recipient; or any agent of the recipient or of a subgrantee or
subcontractor. If the <<NOTE: Determination.>> criminal
investigation results in a decision not to prosecute, the
Inspector General shall promptly determine whether to resume any
investigation that was suspended pursuant to this
paragraph. <<NOTE: Documentation.>> In the event that an
Inspector General does not resume an investigation, the
Inspector General shall document the rationale for the decision.
(b) Report.--Upon completion of an investigation under subsection
(a), the Inspector General shall submit a report on the investigation to
the head of the executive agency that awarded the contract, grant, or
cooperative agreement. The report shall include the Inspector General's
conclusions regarding whether or not any allegations that the recipient
of a grant, contract, or cooperative agreement; any subcontractor or
subgrantee of the recipient; or any agent of the recipient or of such a
subcontractor or subgrantee, engaged in any of the activities described
in section 106(g) of the Trafficking Victims Protection Act of 2000 (22
U.S.C. 7104(g)), as amended by section 1702, are substantiated.
(c) Remedial Actions.--
(1) In general.--Upon receipt of an Inspector General's
report substantiating an allegation that the recipient of a
contract, grant, or cooperative agreement; any subgrantee or
subcontractor of the recipient; or any agent of the recipient or
of a subgrantee or subcontractor, engaged in any of the
activities described in section 106(g) of the Trafficking
Victims Protection Act of 2000 (22 U.S.C. 7104(g)), as amended
by
[[Page 126 STAT. 2096]]
section 1702, or notification of an indictment, information, or
criminal complaint for an offense under subsection (a)(3), the
head of agency shall consider taking one or more of the
following remedial actions:
(A) Requiring the recipient to remove an employee
from the performance of work under the grant, contract,
or cooperative agreement.
(B) Requiring the recipient to terminate a
subcontract or subgrant.
(C) Suspending payments under the grant, contract,
or cooperative agreement until such time as the
recipient of the grant, contract, or cooperative
agreement has taken appropriate remedial action.
(D) Withholding award fees, consistent with the
award fee plan, for the performance period in which the
agency determined the contractor or subcontractor
engaged in any of the activities described in such
section 106(g).
(E) Declining to exercise available options under
the contract.
(F) Terminating the contract for default or cause,
in accordance with the termination clause for the
contract.
(G) Referring the matter to the agency suspension
and debarment official.
(2) Savings clause.--Nothing in this subsection shall be
construed as limiting the scope of applicable remedies available
to the Federal Government.
(3) Mitigating factor.--Where applicable, the head of an
executive agency may consider whether the contractor or grantee
had a plan in place under section 1703, and was in compliance
with that plan at the time of the violation, as a mitigating
factor in determining which remedies, if any, should apply.
(4) Aggravating factor.--Where applicable, the head of an
executive agency may consider the failure of a contractor or
grantee to abate an alleged violation or enforce the
requirements of a compliance plan when directed by a contracting
officer pursuant to subsection (a)(1) as an aggravating factor
in determining which remedies, if any, should apply.
(d) Inclusion of Report Conclusions in FAPIIS.--
(1) In general.--The head of an executive agency shall
ensure that any substantiated allegation in the report under
subsection (b) is included in the Federal Awardee Performance
and Integrity Information System (FAPIIS) and that the
contractor has an opportunity to respond to any such report in
accordance with applicable statutes and regulations.
(2) Amendment to title 41, united states code.--Section
2313(c)(1)(E) of title 41, United States Code, is amended to
read as follows:
``(E) In an administrative proceeding--
``(i) a final determination of contractor
fault by the Secretary of Defense pursuant to
section 823(d) of the National Defense
Authorization Act for Fiscal Year 2010 (10 U.S.C.
2302 note; Public Law 111-84); or
``(ii) a substantiated allegation, pursuant to
section 1704(b) of the National Defense
Authorization Act for Fiscal Year 2013, that the
contractor, a subcontractor,
[[Page 126 STAT. 2097]]
or an agent of the contractor or subcontractor
engaged in any of the activities described in
section 106(g) of the Trafficking Victims
Protection Act of 2000 (22 U.S.C. 7104(g)).''.
SEC. 1705. <<NOTE: 22 USC 7104c.>> NOTIFICATION TO INSPECTORS
GENERAL AND COOPERATION WITH GOVERNMENT.
The head of an executive agency making or awarding a grant,
contract, or cooperative agreement shall require that the recipient of
the grant, contract, or cooperative agreement--
(1) immediately inform the Inspector General of the
executive agency of any information it receives from any source
that alleges credible information that the recipient; any
subcontractor or subgrantee of the recipient; or any agent of
the recipient or of such a subcontractor or subgrantee, has
engaged in conduct described in section 106(g) of the
Trafficking in Victims Protection Act of 2000 (22 U.S.C.
7104(g)), as amended by section 1702 of this Act; and
(2) fully cooperate with any Federal agencies responsible
for audits, investigations, or corrective actions relating to
trafficking in persons.
SEC. 1706. EXPANSION OF PENALTIES FOR FRAUD IN FOREIGN LABOR
CONTRACTING TO INCLUDE ATTEMPTED FRAUD
AND WORK OUTSIDE THE UNITED STATES.
(a) In General.--Section 1351 of title 18, United States Code, is
amended--
(1) by striking ``Whoever knowingly and with the intent to
defraud recruits, solicits or hires a person outside the United
States'' and inserting ``(a) Work Inside the United States.--
Whoever knowingly and with intent to defraud recruits, solicits,
or hires a person outside the United States or causes another
person to recruit, solicit, or hire a person outside the United
States, or attempts to do so,''; and
(2) by adding at the end the following new subsection:
``(b) Work Outside the United States.--Whoever knowingly and with
intent to defraud recruits, solicits, or hires a person outside the
United States or causes another person to recruit, solicit, or hire a
person outside the United States, or attempts to do so, for purposes of
employment performed on a United States Government contract performed
outside the United States, or on a United States military installation
or mission outside the United States or other property or premises
outside the United States owned or controlled by the United States
Government, by means of materially false or fraudulent pretenses,
representations, or promises regarding that employment, shall be fined
under this title or imprisoned for not more than 5 years, or both.''.
(b) <<NOTE: 8 USC 1101 note.>> Special Rule for Alien Victims.--No
alien may be admitted to the United States pursuant to subparagraph (U)
of section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(15)) as a result of the alien being a victim of a crime
described in subsection (b) of section 1351 of title 18, United States
Code, as added by subsection (a).
[[Page 126 STAT. 2098]]
SEC. 1707. IMPROVING DEPARTMENT OF DEFENSE ACCOUNTABILITY FOR
REPORTING TRAFFICKING IN PERSONS CLAIMS
AND VIOLATIONS.
Section 105(d)(7)(H) of the Trafficking Victims Protection Act of
2000 (22 U.S.C. 7103(d)(7)(H)) is amended--
(1) in clause (ii), by striking ``and'' at the end;
(2) by redesignating clause (iii) as clause (iv);
(3) by inserting after clause (ii) the following new clause:
``(iii) all known trafficking in persons cases
reported to the Under Secretary of Defense for
Personnel and Readiness;'';
(4) in clause (iv), as redesignated by paragraph (2), by
inserting ``and'' at the end after the semicolon; and
(5) by adding at the end the following new clause:
``(v) all trafficking in persons activities of
contractors reported to the Under Secretary of
Defense for Acquisition, Technology, and
Logistics;''.
SEC. 1708. <<NOTE: 22 USC 7104d.>> RULES OF CONSTRUCTION;
EFFECTIVE DATE.
(a) Liability.--Excluding section 1706, nothing in this title shall
be construed to supersede, enlarge, or diminish the common law or
statutory liabilities of any grantee, subgrantee, contractor,
subcontractor, or other party covered by section 106(g) of the
Trafficking Victims Protection Act of 2000 (22 U.S.C. 7104(g)), as
amended by section 1702.
(b) Authority of Department of Justice.--Nothing in this title shall
be construed as diminishing or otherwise modifying the authority of the
Attorney General to investigate activities covered by this title.
(c) <<NOTE: Deadlines. Applicability.>> Implementation and
Effective Dates.--
(1) Contracting requirements.--
(A) Not later than 270 days after the date of the
enactment of this Act, the Federal Acquisition
Regulation shall be amended to carry out the
requirements of sections 1702, 1703, and 1704(c), and
the second sentence of section 1704(a)(1), of this
title.
(B) The requirements of sections 1702, 1703, and
1704(c), and the second sentence of section 1704(a)(1),
of this title, shall apply to grants, contracts, and
cooperative agreements entered into on or after the date
that is 270 days after the date of the enactment of this
Act, and to task and delivery orders awarded on or after
such date pursuant to contracts entered before, on, or
after such date.
(2) Investigative and procedural requirements.--Federal
agencies shall implement the requirements of sections 1704,
1705, and 1707 (other than subsection (c) of section 1704) not
later than 90 days after the date of the enactment of this Act.
(3) Criminal law changes.--The amendments made by section
1706 shall take effect upon the date of enactment and shall
apply to conduct taking place on or after such date.
[[Page 126 STAT. 2099]]
TITLE XVIII--FEDERAL ASSISTANCE TO FIRE DEPARTMENTS
Subtitle A--Fire Grants Reauthorization
Sec. 1801. Short title.
Sec. 1802. Amendments to definitions.
Sec. 1803. Assistance to firefighters grants.
Sec. 1804. Staffing for adequate fire and emergency response.
Sec. 1805. Sense of Congress on value and funding of Assistance to
Firefighters and Staffing for Adequate Fire and Emergency
Response programs.
Sec. 1806. Report on amendments to Assistance to Firefighters and
Staffing for Adequate Fire and Emergency Response programs.
Sec. 1807. Studies and reports on the state of fire services.
Subtitle B--Reauthorization of United States Fire Administration
Sec. 1811. Short title.
Sec. 1812. Clarification of relationship between United States Fire
Administration and Federal Emergency Management Agency.
Sec. 1813. Modification of authority of Administrator to educate public
about fire and fire prevention.
Sec. 1814. Authorization of appropriations.
Sec. 1815. Removal of limitation.
Subtitle A--Fire <<NOTE: Fire Grants Reauthorization Act of 2012. 15 USC
2201 note.>> Grants Reauthorization
SEC. 1801. SHORT TITLE.
This subtitle may be cited as the ``Fire Grants Reauthorization Act
of 2012''.
SEC. 1802. AMENDMENTS TO DEFINITIONS.
(a) In General.--Section 4 of the Federal Fire Prevention and
Control Act of 1974 (15 U.S.C. 2203) is amended--
(1) in paragraph (3), by inserting ``, except as otherwise
provided,'' after ``means'';
(2) in paragraph (4), by striking `` `Director' means'' and
all that follows through ``Agency;'' and inserting ``
`Administrator of FEMA' means the Administrator of the Federal
Emergency Management Agency;'';
(3) in paragraph (5)--
(A) by inserting ``Indian tribe,'' after
``county,''; and
(B) by striking ``and `firecontrol' '' and inserting
``and `fire control' '';
(4) by redesignating paragraphs (6) through (9) as
paragraphs (7) through (10), respectively;
(5) by inserting after paragraph (5), the following:
``(6) `Indian tribe' has the meaning given that term in
section 4 of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 450b) and `tribal' means of or
pertaining to an Indian tribe;'';
(6) by redesignating paragraphs (9) and (10), as
redesignated by paragraph (4), as paragraphs (10) and (11);
(7) by inserting after paragraph (8), as redesignated by
paragraph (4), the following:
``(9) `Secretary' means, except as otherwise provided, the
Secretary of Homeland Security;''; and
(8) by amending paragraph (10), as redesignated by paragraph
(6), to read as follows:
``(10) `State' has the meaning given the term in section 2
of the Homeland Security Act of 2002 (6 U.S.C. 101).''.
[[Page 126 STAT. 2100]]
(b) Conforming Amendments.--
(1) Administrator of fema.--The Federal Fire Prevention and
Control Act of 1974 <<NOTE: 15 USC 2204, 2206, 2210, 2214, 2215,
2217, 2218, 2224, 2226; 42 USC 290a.>> (15 U.S.C. 2201 et seq.)
is amended by striking ``Director'' each place it appears and
inserting ``Administrator of FEMA''.
(2) Administrator of fema's award.--Section 15 of such Act
(15 U.S.C. 2214) is amended by striking ``Director's Award''
each place it appears and inserting ``Administrator's Award''.
SEC. 1803. ASSISTANCE TO FIREFIGHTERS GRANTS.
Section 33 of the Federal Fire Prevention and Control Act of 1974
(15 U.S.C. 2229) is amended to read as follows:
``SEC. 33. FIREFIGHTER ASSISTANCE.
``(a) Definitions.--In this section:
``(1) Administrator of fema.--The term `Administrator of
FEMA' means the Administrator of FEMA, acting through the
Administrator.
``(2) Available grant funds.--The term `available grant
funds', with respect to a fiscal year, means those funds
appropriated pursuant to the authorization of appropriations in
subsection (q)(1) for such fiscal year less any funds used for
administrative costs pursuant to subsection (q)(2) in such
fiscal year.
``(3) Career fire department.--The term `career fire
department' means a fire department that has an all-paid force
of firefighting personnel other than paid-on-call firefighters.
``(4) Combination fire department.--The term `combination
fire department' means a fire department that has--
``(A) paid firefighting personnel; and
``(B) volunteer firefighting personnel.
``(5) Firefighting personnel.--The term `firefighting
personnel' means individuals, including volunteers, who are
firefighters, officers of fire departments, or emergency medical
service personnel of fire departments.
``(6) Institution of higher education.--The term
`institution of higher education' has the meaning given such
term in section 101 of the Higher Education Act of 1965 (20
U.S.C. 1001).
``(7) Nonaffiliated ems organization.--The term
`nonaffiliated EMS organization' means a public or private
nonprofit emergency medical services organization that is not
affiliated with a hospital and does not serve a geographic area
in which the Administrator of FEMA finds that emergency medical
services are adequately provided by a fire department.
``(8) Paid-on-call.--The term `paid-on-call' with respect to
firefighting personnel means firefighting personnel who are paid
a stipend for each event to which they respond.
``(9) Volunteer fire department.--The term `volunteer fire
department' means a fire department that has an all-volunteer
force of firefighting personnel.
``(b) Assistance Program.--
``(1) Authority.--In accordance with this section, the
Administrator of FEMA may award--
``(A) assistance to firefighters grants under
subsection (c); and
``(B) fire prevention and safety grants and other
assistance under subsection (d).
[[Page 126 STAT. 2101]]
``(2) Administrative assistance.--The Administrator of FEMA
shall--
``(A) <<NOTE: Criteria.>> establish specific
criteria for the selection of grant recipients under
this section; and
``(B) provide assistance with application
preparation to applicants for such grants.
``(c) Assistance to Firefighters Grants.--
``(1) In general.--The Administrator of FEMA may, in
consultation with the chief executives of the States in which
the recipients are located, award grants on a competitive basis
directly to--
``(A) fire departments, for the purpose of
protecting the health and safety of the public and
firefighting personnel throughout the United States
against fire, fire-related, and other hazards;
``(B) nonaffiliated EMS organizations to support the
provision of emergency medical services; and
``(C) State fire training academies for the purposes
described in subparagraphs (G), (H), and (I) of
paragraph (3).
``(2) Maximum grant amounts.--
``(A) Population.--The Administrator of FEMA may not
award a grant under this subsection in excess of amounts
as follows:
``(i) In the case of a recipient that serves a
jurisdiction with 100,000 people or fewer, the
amount of the grant awarded to such recipient
shall not exceed $1,000,000 in any fiscal year.
``(ii) In the case of a recipient that serves
a jurisdiction with more than 100,000 people but
not more than 500,000 people, the amount of the
grant awarded to such recipient shall not exceed
$2,000,000 in any fiscal year.
``(iii) In the case of a recipient that serves
a jurisdiction with more than 500,000 but not more
than 1,000,000 people, the amount of the grant
awarded to such recipient shall not exceed
$3,000,000 in any fiscal year.
``(iv) In the case of a recipient that serves
a jurisdiction with more than 1,000,000 people but
not more than 2,500,000 people, the amount of the
grant awarded to such recipient shall not exceed
$6,000,000 for any fiscal year.
``(v) In the case of a recipient that serves a
jurisdiction with more than 2,500,000 people, the
amount of the grant awarded to such recipient
shall not exceed $9,000,000 in any fiscal year.
``(B) Aggregate.--
``(i) In general.--Notwithstanding
subparagraphs (A) and (B) and except as provided
under clause (ii), the Administrator of FEMA may
not award a grant under this subsection in a
fiscal year in an amount that exceeds the amount
that is one percent of the available grant funds
in such fiscal year.
``(ii) <<NOTE: Waiver
authority. Determination.>> Exception.--The
Administrator of FEMA may waive the limitation in
clause (i) with respect to a
[[Page 126 STAT. 2102]]
grant recipient if the Administrator of FEMA
determines that such recipient has an
extraordinary need for a grant in an amount that
exceeds the limit under clause (i).
``(3) Use of grant funds.--Each entity receiving a grant
under this subsection shall use the grant for one or more of the
following purposes:
``(A) To train firefighting personnel in--
``(i) firefighting;
``(ii) emergency medical services and other
emergency response (including response to natural
disasters, acts of terrorism, and other man-made
disasters);
``(iii) arson prevention and detection;
``(iv) maritime firefighting; or
``(v) the handling of hazardous materials.
``(B) To train firefighting personnel to provide any
of the training described under subparagraph (A).
``(C) To fund the creation of rapid intervention
teams to protect firefighting personnel at the scenes of
fires and other emergencies.
``(D) <<NOTE: Certification.>> To certify--
``(i) fire inspectors; and
``(ii) building inspectors--
``(I) whose responsibilities include
fire safety inspections; and
``(II) who are employed by or
serving as volunteers with a fire
department.
``(E) To establish wellness and fitness programs for
firefighting personnel to ensure that the firefighting
personnel are able to carry out their duties as
firefighters, including programs dedicated to raising
awareness of, and prevention of, job-related mental
health issues.
``(F) To fund emergency medical services provided by
fire departments and nonaffiliated EMS organizations.
``(G) To acquire additional firefighting vehicles,
including fire trucks and other apparatus.
``(H) To acquire additional firefighting equipment,
including equipment for--
``(i) fighting fires with foam in remote areas
without access to water; and
``(ii) communications, monitoring, and
response to a natural disaster, act of terrorism,
or other man-made disaster, including the use of a
weapon of mass destruction.
``(I) To acquire personal protective equipment,
including personal protective equipment--
``(i) prescribed for firefighting personnel by
the Occupational Safety and Health Administration
of the Department of Labor; or
``(ii) for responding to a natural disaster or
act of terrorism or other man-made disaster,
including the use of a weapon of mass destruction.
``(J) To modify fire stations, fire training
facilities, and other facilities to protect the health
and safety of firefighting personnel.
``(K) To educate the public about arson prevention
and detection.
[[Page 126 STAT. 2103]]
``(L) To provide incentives for the recruitment and
retention of volunteer firefighting personnel for
volunteer firefighting departments and other
firefighting departments that utilize volunteers.
``(M) To support such other activities, consistent
with the purposes of this subsection, as the
Administrator of FEMA determines appropriate.
``(d) Fire Prevention and Safety Grants.--
``(1) In general.--For the purpose of assisting fire
prevention programs and supporting firefighter health and safety
research and development, the Administrator of FEMA may, on a
competitive basis--
``(A) award grants to fire departments;
``(B) award grants to, or enter into contracts or
cooperative agreements with, national, State, local,
tribal, or nonprofit organizations that are not fire
departments and that are recognized for their experience
and expertise with respect to fire prevention or fire
safety programs and activities and firefighter research
and development programs, for the purpose of carrying
out--
``(i) fire prevention programs; and
``(ii) research to improve firefighter health
and life safety; and
``(C) award grants to institutions of higher
education, national fire service organizations, or
national fire safety organizations to establish and
operate fire safety research centers.
``(2) Maximum grant amount.--A grant awarded under this
subsection may not exceed $1,500,000 for a fiscal year.
``(3) Use of grant funds.--Each entity receiving a grant
under this subsection shall use the grant for one or more of the
following purposes:
``(A) To enforce fire codes and promote compliance
with fire safety standards.
``(B) To fund fire prevention programs, including
programs that educate the public about arson prevention
and detection.
``(C) To fund wildland fire prevention programs,
including education, awareness, and mitigation programs
that protect lives, property, and natural resources from
fire in the wildland-urban interface.
``(D) In the case of a grant awarded under paragraph
(1)(C), to fund the establishment or operation of a fire
safety research center for the purpose of significantly
reducing the number of fire-related deaths and injuries
among firefighters and the general public through
research, development, and technology transfer
activities.
``(E) To support such other activities, consistent
with the purposes of this subsection, as the
Administrator of FEMA determines appropriate.
``(4) <<NOTE: ACORN.>> Limitation.--None of the funds made
available under this subsection may be provided to the
Association of Community Organizations for Reform Now (ACORN) or
any of its affiliates, subsidiaries, or allied organizations.
``(e) Applications for Grants.--
[[Page 126 STAT. 2104]]
``(1) In general.--An entity seeking a grant under this
section shall submit to the Administrator of FEMA an application
therefor in such form and in such manner as the Administrator of
FEMA determines appropriate.
``(2) Elements.--Each application submitted under paragraph
(1) shall include the following:
``(A) A description of the financial need of the
applicant for the grant.
``(B) An analysis of the costs and benefits, with
respect to public safety, of the use for which a grant
is requested.
``(C) An agreement to provide information to the
national fire incident reporting system for the period
covered by the grant.
``(D) A list of other sources of funding received by
the applicant--
``(i) for the same purpose for which the
application for a grant under this section was
submitted; or
``(ii) from the Federal Government for other
fire-related purposes.
``(E) Such other information as the Administrator of
FEMA determines appropriate.
``(3) Joint or regional applications.--
``(A) In general.--Two or more entities may submit
an application under paragraph (1) for a grant under
this section to fund a joint program or initiative,
including acquisition of shared equipment or vehicles.
``(B) Nonexclusivity.--Applications under this
paragraph may be submitted instead of or in addition to
any other application submitted under paragraph (1).
``(C) Guidance.--The Administrator of FEMA shall--
``(i) <<NOTE: Publication.>> publish guidance
on applying for and administering grants awarded
for joint programs and initiatives described in
subparagraph (A); and
``(ii) encourage applicants to apply for
grants for joint programs and initiatives
described in subparagraph (A) as the Administrator
of FEMA determines appropriate to achieve greater
cost effectiveness and regional efficiency.
``(f) Peer Review of Grant Applications.--
``(1) <<NOTE: Consultation.>> In general.--The
Administrator of FEMA shall, after consultation with national
fire service and emergency medical services organizations,
appoint fire service personnel to conduct peer reviews of
applications received under subsection (e)(1).
``(2) Applicability of federal advisory committee act.--The
Federal Advisory Committee Act (5 U.S.C. App.) shall not apply
to activities carried out pursuant to this subsection.
``(g) Prioritization of Grant Awards.--In awarding grants under this
section, the Administrator of FEMA shall consider the following:
``(1) The findings and recommendations of the peer reviews
carried out under subsection (f).
``(2) The degree to which an award will reduce deaths,
injuries, and property damage by reducing the risks associated
with fire-related and other hazards.
``(3) The extent of the need of an applicant for a grant
under this section and the need to protect the United States as
a whole.
[[Page 126 STAT. 2105]]
``(4) The number of calls requesting or requiring a fire
fighting or emergency medical response received by an applicant.
``(h) Allocation of Grant Awards.--In awarding grants under this
section, the Administrator of FEMA shall ensure that of the available
grant funds in each fiscal year--
``(1) not less than 25 percent are awarded under subsection
(c) to career fire departments;
``(2) not less than 25 percent are awarded under subsection
(c) to volunteer fire departments;
``(3) not less than 25 percent are awarded under subsection
(c) to combination fire departments and fire departments using
paid-on-call firefighting personnel;
``(4) not less than 10 percent are available for open
competition among career fire departments, volunteer fire
departments, combination fire departments, and fire departments
using paid-on-call firefighting personnel for grants awarded
under subsection (c);
``(5) not less than 10 percent are awarded under subsection
(d); and
``(6) not more than 2 percent are awarded under this section
to nonaffiliated EMS organizations described in subsection
(c)(1)(B).
``(i) Additional Requirements and Limitations.--
``(1) Funding for emergency medical services.--Not less than
3.5 percent of the available grant funds for a fiscal year shall
be awarded under this section for purposes described in
subsection (c)(3)(F).
``(2) State fire training academies.--
``(A) Maximum share.--Not more than 3 percent of the
available grant funds for a fiscal year may be awarded
under subsection (c)(1)(C).
``(B) Maximum grant amount.--The Administrator of
FEMA may not award a grant under subsection (c)(1)(C) to
a State fire training academy in an amount that exceeds
$1,000,000 in any fiscal year.
``(3) Amounts for purchasing firefighting vehicles.--Not
more than 25 percent of the available grant funds for a fiscal
year may be used to assist grant recipients to purchase vehicles
pursuant to subsection (c)(3)(G).
``(j) Further Considerations.--
``(1) Assistance to firefighters grants to fire
departments.--In considering applications for grants under
subsection (c)(1)(A), the Administrator of FEMA shall consider--
``(A) the extent to which the grant would enhance
the daily operations of the applicant and the impact of
such a grant on the protection of lives and property;
and
``(B) a broad range of factors important to the
applicant's ability to respond to fires and related
hazards, such as the following:
``(i) Population served.
``(ii) Geographic response area.
``(iii) Hazards vulnerability.
``(iv) Call volume.
``(v) Financial situation, including
unemployment rate of the area being served.
``(vi) Need for training or equipment.
[[Page 126 STAT. 2106]]
``(2) Applications from nonaffiliated ems organizations.--In
the case of an application submitted under subsection (e)(1) by
a nonaffiliated EMS organization, the Administrator of FEMA
shall consider the extent to which other sources of Federal
funding are available to the applicant to provide the assistance
requested in such application.
``(3) Awarding fire prevention and safety grants to certain
organizations that are not fire departments.--In the case of
applicants for grants under this section who are described in
subsection (d)(1)(B), the Administrator of FEMA shall give
priority to applicants who focus on--
``(A) prevention of injuries to high risk groups
from fire; and
``(B) research programs that demonstrate a potential
to improve firefighter safety.
``(4) Awarding grants for fire safety research centers.--
``(A) Considerations.--In awarding grants under
subsection (d)(1)(C), the Administrator of FEMA shall--
``(i) select each grant recipient on--
``(I) the demonstrated research and
extension resources available to the
recipient to carry out the research,
development, and technology transfer
activities;
``(II) the capability of the
recipient to provide leadership in
making national contributions to fire
safety;
``(III) the recipient's ability to
disseminate the results of fire safety
research; and
``(IV) the strategic plan the
recipient proposes to carry out under
the grant;
``(ii) give special consideration in selecting
recipients under subparagraph (A) to an applicant
for a grant that consists of a partnership
between--
``(I) a national fire service
organization or a national fire safety
organization; and
``(II) an institution of higher
education, including a minority-serving
institution (as described in section
371(a) of the Higher Education Act of
1965 (20 U.S.C. 1067q(a))); and
``(iii) consider the research needs identified
and prioritized through the workshop required by
subparagraph (B)(i).
``(B) Research needs.--
``(i) <<NOTE: Deadline. Workshop.>> In
general.--Not later than 90 days after the date of
the enactment of the Fire Grants Reauthorization
Act of 2012, the Administrator of FEMA shall
convene a workshop of the fire safety research
community, fire service organizations, and other
appropriate stakeholders to identify and
prioritize fire safety research needs.
``(ii) <<NOTE: Public information.>>
Publication.--The Administrator of FEMA shall
ensure that the results of the workshop are made
available to the public.
``(C) Limitations on grants for fire safety research
centers.--
[[Page 126 STAT. 2107]]
``(i) In general.--The Administrator of FEMA
may award grants under subsection (d) to establish
not more than 3 fire safety research centers.
``(ii) Recipients.--An institution of higher
education, a national fire service organization,
and a national fire safety organization may not
directly receive a grant under subsection (d) for
a fiscal year for more than 1 fire safety research
center.
``(5) <<NOTE: Review.>> Avoiding duplication.--The
Administrator of FEMA shall review lists submitted by applicants
pursuant to subsection (e)(2)(D) and take such actions as the
Administrator of FEMA considers necessary to prevent unnecessary
duplication of grant awards.
``(k) <<NOTE: Contracts.>> Matching and Maintenance of Expenditure
Requirements.--
``(1) Matching requirement for assistance to firefighters
grants.--
``(A) In general.--Except as provided in
subparagraph (B), an applicant seeking a grant to carry
out an activity under subsection (c) shall agree to make
available non-Federal funds to carry out such activity
in an amount equal to not less than 15 percent of the
grant awarded to such applicant under such subsection.
``(B) Exception for entities serving small
communities.--In the case that an applicant seeking a
grant to carry out an activity under subsection (c)
serves a jurisdiction of--
``(i) more than 20,000 residents but not more
than 1,000,000 residents, the application shall
agree to make available non-Federal funds in an
amount equal to not less than 10 percent of the
grant awarded to such applicant under such
subsection; and
``(ii) 20,000 residents or fewer, the
applicant shall agree to make available non-
Federal funds in an amount equal to not less than
5 percent of the grant awarded to such applicant
under such subsection.
``(2) Matching requirement for fire prevention and safety
grants.--
``(A) In general.--An applicant seeking a grant to
carry out an activity under subsection (d) shall agree
to make available non-Federal funds to carry out such
activity in an amount equal to not less than 5 percent
of the grant awarded to such applicant under such
subsection.
``(B) Means of matching.--An applicant for a grant
under subsection (d) may meet the matching requirement
under subparagraph (A) through direct funding, funding
of complementary activities, or the provision of staff,
facilities, services, material, or equipment.
``(3) Maintenance of expenditures.--An applicant seeking a
grant under subsection (c) or (d) shall agree to maintain during
the term of the grant the applicant's aggregate expenditures
relating to the uses described in subsections (c)(3) and (d)(3)
at not less than 80 percent of the average amount of such
expenditures in the 2 fiscal years preceding the fiscal year in
which the grant amounts are received.
``(4) Waiver.--
[[Page 126 STAT. 2108]]
``(A) In general.--Except as provided in
subparagraph (C)(ii), the Administrator of FEMA may
waive or reduce the requirements of paragraphs (1), (2),
and (3) in cases of demonstrated economic hardship.
``(B) Guidelines.--
``(i) <<NOTE: Publication.>> In general.--The
Administrator of FEMA shall establish and publish
guidelines for determining what constitutes
economic hardship for purposes of this paragraph.
``(ii) Consultation.--In developing guidelines
under clause (i), the Administrator of FEMA shall
consult with individuals who are--
``(I) recognized for expertise in
firefighting, emergency medical services
provided by fire services, or the
economic affairs of State and local
governments; and
``(II) members of national fire
service organizations or national
organizations representing the interests
of State and local governments.
``(iii) Considerations.--In developing
guidelines under clause (i), the Administrator of
FEMA shall consider, with respect to relevant
communities, the following:
``(I) Changes in rates of
unemployment from previous years.
``(II) Whether the rates of
unemployment of the relevant communities
are currently and have consistently
exceeded the annual national average
rates of unemployment.
``(III) Changes in percentages of
individuals eligible to receive food
stamps from previous years.
``(IV) Such other factors as the
Administrator of FEMA considers
appropriate.
``(C) Certain applicants for fire prevention and
safety grants.--The authority under subparagraph (A)
shall not apply with respect to a nonprofit organization
that--
``(i) is described in subsection (d)(1)(B);
and
``(ii) is not a fire department or emergency
medical services organization.
``(l) Grant Guidelines.--
``(1) <<NOTE: Federal Register, publication.>>
Guidelines.--For each fiscal year, prior to awarding any grants
under this section, the Administrator of FEMA shall publish in
the Federal Register--
``(A) guidelines that describe--
``(i) the process for applying for grants
under this section; and
``(ii) the criteria that will be used for
selecting grant recipients; and
``(B) an explanation of any differences between such
guidelines and the recommendations obtained under
paragraph (2).
``(2) Annual meeting to obtain recommendations.--
``(A) In general.--For each fiscal year, the
Administrator of FEMA shall convene a meeting of
qualified members of national fire service organizations
and, at the discretion of the Administrator of FEMA,
qualified members
[[Page 126 STAT. 2109]]
of emergency medical service organizations to obtain
recommendations regarding the following:
``(i) Criteria for the awarding of grants
under this section.
``(ii) Administrative changes to the
assistance program established under subsection
(b).
``(B) Qualified members.--For purposes of this
paragraph, a qualified member of an organization is a
member who--
``(i) is recognized for expertise in
firefighting or emergency medical services;
``(ii) is not an employee of the Federal
Government; and
``(iii) in the case of a member of an
emergency medical service organization, is a
member of an organization that represents--
``(I) providers of emergency medical
services that are affiliated with fire
departments; or
``(II) nonaffiliated EMS providers.
``(3) Applicability of federal advisory committee act.--The
Federal Advisory Committee Act (5 U.S.C. App.) shall not apply
to activities carried out under this subsection.
``(m) Accounting Determination.--Notwithstanding any other provision
of law, for purposes of this section, equipment costs shall include all
costs attributable to any design, purchase of components, assembly,
manufacture, and transportation of equipment not otherwise commercially
available.
``(n) Eligible Grantee on Behalf of Alaska Native Villages.--The
Alaska Village Initiatives, a non-profit organization incorporated in
the State of Alaska, shall be eligible to apply for and receive a grant
or other assistance under this section on behalf of Alaska Native
villages.
``(o) Training Standards.--If an applicant for a grant under this
section is applying for such grant to purchase training that does not
meet or exceed any applicable national voluntary consensus standards,
including those developed under section 647 of the Post-Katrina
Emergency Management Reform Act of 2006 (6 U.S.C. 747), the applicant
shall submit to the Administrator of FEMA an explanation of the reasons
that the training proposed to be purchased will serve the needs of the
applicant better than training that meets or exceeds such standards.
``(p) Ensuring Effective Use of Grants.--
``(1) Audits.--The Administrator of FEMA may audit a
recipient of a grant awarded under this section to ensure that--
``(A) the grant amounts are expended for the
intended purposes; and
``(B) the grant recipient complies with the
requirements of subsection (k).
``(2) Performance assessment.--
``(A) In general.--The Administrator of FEMA shall
develop and implement a performance assessment system,
including quantifiable performance metrics, to evaluate
the extent to which grants awarded under this section
are furthering the purposes of this section, including
protecting the health and safety of the public and
firefighting personnel against fire and fire-related
hazards.
[[Page 126 STAT. 2110]]
``(B) Consultation.--The Administrator of FEMA shall
consult with fire service representatives and with the
Comptroller General of the United States in developing
the assessment system required by subparagraph (A).
``(3) Annual reports to administrator of fema.--Not less
frequently than once each year during the term of a grant
awarded under this section, the recipient of the grant shall
submit to the Administrator of FEMA an annual report describing
how the recipient used the grant amounts.
``(4) Annual reports to congress.--
``(A) In general.--Not later than September 30,
2013, and each year thereafter through 2017, the
Administrator of FEMA shall submit to the Committee on
Homeland Security and Governmental Affairs of the Senate
and the Committee on Science and Technology and the
Committee on Transportation and Infrastructure of the
House of Representatives a report that provides--
``(i) information on the performance
assessment system developed under paragraph (2);
and
``(ii) using the performance metrics developed
under such paragraph, an evaluation of the
effectiveness of the grants awarded under this
section.
``(B) <<NOTE: Recommenda- tions.>> Additional
information.--The report due under subparagraph (A) on
September 30, 2016, shall also include recommendations
for legislative changes to improve grants under this
section.
``(q) Authorization of Appropriations.--
``(1) In general.--There is authorized to be appropriated to
carry out this section--
``(A) $750,000,000 for fiscal year 2013; and
``(B) for each of fiscal years 2014 through 2017, an
amount equal to the amount authorized for the previous
fiscal year increased by the percentage by which--
``(i) the Consumer Price Index (all items,
United States city average) for the previous
fiscal year, exceeds
``(ii) the Consumer Price Index for the fiscal
year preceding the fiscal year described in clause
(i).
``(2) Administrative expenses.--Of the amounts appropriated
pursuant to paragraph (1) for a fiscal year, the Administrator
of FEMA may use not more than 5 percent of such amounts for
salaries and expenses and other administrative costs incurred by
the Administrator of FEMA in the course of awarding grants and
providing assistance under this section.
``(3) Congressionally directed spending.--Consistent with
the requirements in subsections (c)(1) and (d)(1) that grants
under those subsections be awarded on a competitive basis, none
of the funds appropriated pursuant to this subsection may be
used for any congressionally directed spending item (as defined
under the rules of the Senate and the House of Representatives).
``(r) Sunset of Authorities.--The authority to award assistance and
grants under this section shall expire on the date that is 5 years after
the date of the enactment of the Fire Grants Reauthorization Act of
2012.''.
[[Page 126 STAT. 2111]]
SEC. 1804. STAFFING FOR ADEQUATE FIRE AND EMERGENCY RESPONSE.
(a) Improvements to Hiring Grants.--
(1) Term of grants.--Subparagraph (B) of section 34(a)(1) of
the Federal Fire Prevention and Control Act of 1974 (15 U.S.C.
2229a(a)(1)) is amended to read as follows:
``(B) Grants made under this paragraph shall be for 3 years
and be used for programs to hire new, additional
firefighters.''.
(2) Limitation of portion of costs of hiring firefighters.--
Subparagraph (E) of such section is amended to read as follows:
``(E) The portion of the costs of hiring firefighters
provided by a grant under this paragraph may not exceed--
``(i) 75 percent in the first year of the grant;
``(ii) 75 percent in the second year of the grant;
and
``(iii) 35 percent in the third year of the
grant.''.
(b) Clarification Regarding Eligible Entities for Recruitment and
Retention Grants.--The second sentence of section 34(a)(2) of such Act
(15 U.S.C. 2229a(a)(2)) is amended by striking ``organizations on a
local or statewide basis'' and inserting ``national, State, local, or
tribal organizations''.
(c) Maximum Amount for Hiring a Firefighter.--Paragraph (4) of
section 34(c) of such Act (15 U.S.C. 2229a(c)) is amended to read as
follows:
``(4) The amount of funding provided under this section to a
recipient fire department for hiring a firefighter in any fiscal year
may not exceed--
``(A) in the first year of the grant, 75 percent of the
usual annual cost of a first-year firefighter in that department
at the time the grant application was submitted;
``(B) in the second year of the grant, 75 percent of the
usual annual cost of a first-year firefighter in that department
at the time the grant application was submitted; and
``(C) in the third year of the grant, 35 percent of the
usual annual cost of a first-year firefighter in that department
at the time the grant application was submitted.''.
(d) Waivers.--Section 34 of such Act (15 U.S.C. 2229a) is amended--
(1) by redesignating subsections (d) through (i) as
subsections (e) through (j), respectively; and
(2) by inserting after subsection (c) the following:
``(d) Waivers.--
``(1) In general.--In a case of demonstrated economic
hardship, the Administrator of FEMA may--
``(A) waive the requirements of subsection (c)(1);
or
``(B) waive or reduce the requirements in subsection
(a)(1)(E) or subsection (c)(2).
``(2) Guidelines.--
``(A) <<NOTE: Publication.>> In general.--The
Administrator of FEMA shall establish and publish
guidelines for determining what constitutes economic
hardship for purposes of paragraph (1).
``(B) Consultation.--In developing guidelines under
subparagraph (A), the Administrator of FEMA shall
consult with individuals who are--
``(i) recognized for expertise in
firefighting, emergency medical services provided
by fire services, or
[[Page 126 STAT. 2112]]
the economic affairs of State and local
governments; and
``(ii) members of national fire service
organizations or national organizations
representing the interests of State and local
governments.
``(C) Considerations.--In developing guidelines
under subparagraph (A), the Administrator of FEMA shall
consider, with respect to relevant communities, the
following:
``(i) Changes in rates of unemployment from
previous years.
``(ii) Whether the rates of unemployment of
the relevant communities are currently and have
consistently exceeded the annual national average
rates of unemployment.
``(iii) Changes in percentages of individuals
eligible to receive food stamps from previous
years.
``(iv) Such other factors as the Administrator
of FEMA considers appropriate.''.
(e) Improvements to Performance Evaluation Requirements.--Subsection
(e) of section 34 of such Act (15 U.S.C. 2229a), as redesignated by
subsection (d)(1) of this section, is amended by inserting before the
first sentence the following:
``(1) <<NOTE: Assessment.>> In general.--The Administrator
of FEMA shall establish a performance assessment system,
including quantifiable performance metrics, to evaluate the
extent to which grants awarded under this section are furthering
the purposes of this section.
``(2) Submittal of information.--''.
(f) Report.--
(1) In general.--Subsection (f) of section 34 of such Act
(15 U.S.C. 2229a), as redesignated by subsection (d)(1) of this
section, is amended by striking ``The authority'' and all that
follows through ``Congress concerning'' and inserting the
following: ``Not later than September 30, 2014, the
Administrator of FEMA shall submit to the Committee on Homeland
Security and Governmental Affairs of the Senate and the
Committee on Science and Technology and the Committee on
Transportation and Infrastructure of the House of
Representatives a report on''.
(2) Conforming amendment.--The heading for subsection (f) of
section 34 of such Act (15 U.S.C. 2229a), as redesignated by
subsection (d)(1) of this section, is amended by striking
``Sunset and Reports'' and inserting ``Report''.
(g) Additional Definitions.--
(1) In general.--Subsection (i) of section 34 of such Act
(15 U.S.C. 2229a), as redesignated by subsection (d)(1) of this
section, is amended--
(A) in the matter before paragraph (1), by striking
``In this section, the term--'' and inserting ``In this
section:'';
(B) in paragraph (1)--
(i) by inserting ``The term'' before ``
`firefighter' has''; and
(ii) by striking ``; and'' and inserting a
period;
(C) by striking paragraph (2); and
(D) by inserting at the end the following:
[[Page 126 STAT. 2113]]
``(2) The terms `Administrator of FEMA', `career fire
department', `combination fire department', and `volunteer fire
department' have the meanings given such terms in section
33(a).''.
(2) Conforming amendment.--Section 34(a)(1)(A) of such Act
(15 U.S.C. 2229a(a)(1)(A)) is amended by striking ``career,
volunteer, and combination fire departments'' and inserting
``career fire departments, combination fire departments, and
volunteer fire departments''.
(h) Authorization of Appropriations.--
(1) In general.--Subsection (j) of section 34 of such Act
(15 U.S.C. 2229a), as redesignated by subsection (d)(1) of this
section, is amended--
(A) in paragraph (6), by striking ``and'' at the
end;
(B) in paragraph (7), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following:
``(8) $750,000,000 for fiscal year 2013; and
``(9) for each of fiscal years 2014 through 2017, an amount
equal to the amount authorized for the previous fiscal year
increased by the percentage by which--
``(A) the Consumer Price Index (all items, United
States city average) for the previous fiscal year,
exceeds
``(B) the Consumer Price Index for the fiscal year
preceding the fiscal year described in subparagraph
(A).''.
(2) Administrative expenses.--Such subsection (j) is further
amended--
(A) in paragraph (9), as added by paragraph (1) of
this subsection, by redesignating subparagraphs (A) and
(B) as clauses (i) and (ii), respectively, and moving
the left margin of such clauses, as so redesignated, 2
ems to the right;
(B) by redesignating paragraphs (1) through (9) as
subparagraphs (A) through (I), respectively, and moving
the left margin of such subparagraphs, as so
redesignated, 2 ems to the right;
(C) by striking ``There are'' and inserting the
following:
``(1) In general.--There are''; and
(D) by adding at the end the following:
``(2) Administrative expenses.--Of the amounts appropriated
pursuant to paragraph (1) for a fiscal year, the Administrator
of FEMA may use not more than 5 percent of such amounts to cover
salaries and expenses and other administrative costs incurred by
the Administrator of FEMA to make grants and provide assistance
under this section.''.
(3) Congressionally directed spending.--Such subsection (j)
is further amended by adding at the end the following:
``(3) Congressionally directed spending.--Consistent with
the requirement in subsection (a) that grants under this section
be awarded on a competitive basis, none of the funds
appropriated pursuant to this subsection may be used for any
congressionally direct spending item (as defined under the rules
of the Senate and the House of Representatives).''.
(i) Technical Amendment.--Section 34 of such Act (15 U.S.C. 2229a)
is amended by striking ``Administrator'' each place it appears and
inserting ``Administrator of FEMA''.
[[Page 126 STAT. 2114]]
(j) Clerical Amendment.--Such section is further amended in the
heading by striking ``expansion of pre-september 11, 2001, fire grant
program'' and inserting the following: ``staffing for adequate fire and
emergency response''.
(k) Sunset of Authority to Award Hiring Grants.--Such section is
further amended by adding at the end the following:
``(k) Sunset of Authorities.--The authority to award assistance and
grants under this section shall expire on the date that is 5 years after
the date of the enactment of the Fire Grants Reauthorization Act of
2012.''.
SEC. 1805. SENSE OF CONGRESS ON VALUE AND FUNDING OF ASSISTANCE TO
FIREFIGHTERS AND STAFFING FOR ADEQUATE
FIRE AND EMERGENCY RESPONSE PROGRAMS.
It is the sense of Congress that--
(1) the grants and assistance awarded under sections 33 and
34 of the Federal Fire Prevention and Control Act of 1974 (15
U.S.C. 2229 and 2229a) have proven equally valuable in
protecting the health and safety of the public and firefighting
personnel throughout the United States against fire and fire-
related hazards; and
(2) providing parity in funding for the awarding of grants
and assistance under both such sections will ensure that the
grant and assistance programs under such sections can continue
to serve their complementary purposes.
SEC. 1806. REPORT ON AMENDMENTS TO ASSISTANCE TO FIREFIGHTERS AND
STAFFING FOR ADEQUATE FIRE AND EMERGENCY
RESPONSE PROGRAMS.
(a) In General.--Not later than September 30, 2016, the Comptroller
General of the United States shall submit to the Committee on Homeland
Security and Governmental Affairs of the Senate and the Committee on
Science and Technology of the House of Representatives a report on the
effect of the amendments made by this subtitle.
(b) Contents.--The report required by subsection (a) shall include
the following:
(1) <<NOTE: Assessment.>> An assessment of the effect of
the amendments made by sections 1803 and 1804 on the
effectiveness, relative allocation, accountability, and
administration of the grants and assistance awarded under
sections 33 and 34 of the Federal Fire Prevention and Control
Act of 1974 (15 U.S.C. 2229 and 2229a) after the date of the
enactment of this Act.
(2) <<NOTE: Evaluation.>> An evaluation of the extent to
which the amendments made by sections 1803 and 1804 have enabled
recipients of grants and assistance awarded under such sections
33 and 34 after the date of the enactment of this Act to
mitigate fire and fire-related and other hazards more
effectively.
SEC. 1807. STUDIES AND REPORTS ON THE STATE OF FIRE SERVICES.
(a) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the United States Fire Administration.
(2) Career fire department, combination fire department,
volunteer fire department.--The terms ``career fire
department'', ``combination fire department'', and ``volunteer
fire department'' have the meanings given such terms in section
[[Page 126 STAT. 2115]]
33(a) of the Federal Fire Prevention and Control Act of 1974 (15
U.S.C. 2229(a)), as amended by section 1803.
(3) Fire service.--The term ``fire service'' has the meaning
given such term in section 4 of the Federal Fire Prevention and
Control Act of 1974 (15 U.S.C. 2203).
(b) Study and Report on Compliance With Staffing Standards.--
(1) Study.--The Administrator shall conduct a study on the
level of compliance with national voluntary consensus standards
for staffing, training, safe operations, personal protective
equipment, and fitness among the fire services of the United
States.
(2) Survey.--
(A) In general.--In carrying out the study required
by paragraph (1), the Administrator shall carry out a
survey of fire services to assess the level of
compliance of such fire services with the standards
described in such paragraph.
(B) Elements.--The survey required by subparagraph
(A) shall--
(i) include career fire departments, volunteer
fire departments, combination fire departments,
and fire departments serving communities of
different sizes, and such other distinguishing
factors as the Administrator considers relevant;
(ii) employ methods to ensure that the survey
accurately reflects the actual rate of compliance
with the standards described in paragraph (1)
among fire services; and
(iii) determine the extent of barriers and
challenges to achieving compliance with the
standards described in paragraph (1) among fire
services.
(C) <<NOTE: Determination.>> Authority to carry out
survey with nonprofit.--If the Administrator determines
that it will reduce the costs incurred by the United
States Fire Administration in carrying out the survey
required by subparagraph (A), the Administrator may
carry out such survey in conjunction with a nonprofit
organization that has substantial expertise and
experience in the following areas:
(i) The fire services.
(ii) National voluntary consensus standards.
(iii) Contemporary survey methods.
(3) Report on findings of study.--
(A) In general.--Not later than 2 years after the
date of the enactment of this Act, the Administrator
shall submit to Congress a report on the findings of the
Administrator with respect to the study required by
paragraph (1).
(B) Contents.--The report required by subparagraph
(A) shall include the following:
(i) An accurate description, based on the
results of the survey required by paragraph
(2)(A), of the rate of compliance with the
standards described in paragraph (1) among United
States fire services, including a comparison of
the rates of compliance
[[Page 126 STAT. 2116]]
among career fire departments, volunteer fire
departments, combination fire departments, and
fire departments serving communities of different
sizes, and such other comparisons as Administrator
considers relevant.
(ii) A description of the challenges faced by
different types of fire departments and different
types of communities in complying with the
standards described in paragraph (1).
(c) Task Force to Enhance Firefighter Safety.--
(1) <<NOTE: Deadline.>> Establishment.--Not later than 60
days after the date of the enactment of this Act, the Secretary
of Homeland Security shall establish a task force to be known as
the ``Task Force to Enhance Firefighter Safety'' (in this
subsection referred to as the ``Task Force'').
(2) Membership.--
(A) In general.--Members of the Task Force shall be
appointed by the Secretary from among the general public
and shall include the following:
(i) Representatives of national organizations
representing firefighters and fire chiefs.
(ii) Individuals representing standards-
setting and accrediting organizations, including
representatives from the voluntary consensus codes
and standards development community.
(iii) Such other individuals as the Secretary
considers appropriate.
(B) Representatives of other departments and
agencies.--The Secretary may invite representatives of
other Federal departments and agencies that have an
interest in fire services to participate in the meetings
and other activities of the Task Force.
(C) Number; terms of service; pay and allowances.--
The <<NOTE: Determination.>> Secretary shall determine
the number, terms of service, and pay and allowances of
members of the Task Force appointed by the Secretary,
except that a term of service of any such member may not
exceed 2 years.
(3) Responsibilities.--The Task Force shall--
(A) <<NOTE: Consultation.>> consult with the
Secretary in the conduct of the study required by
subsection (b)(1); and
(B) <<NOTE: Plans.>> develop a plan to enhance
firefighter safety by increasing fire service compliance
with the standards described in subsection (b)(1),
including by--
(i) <<NOTE: Review. Evaluation.>> reviewing
and evaluating the report required by subsection
(b)(3)(A) to determine the extent of and barriers
to achieving compliance with the standards
described in subsection (b)(1) among fire
services; and
(ii) considering ways in which the Federal
Government, States, and local governments can
promote or encourage fire services to comply with
such standards.
(4) Report.--
(A) In general.--Not later than 180 days after the
date on which the Secretary submits the report required
by subsection (b)(3)(A), the Task Force shall submit to
Congress and the Secretary a report on the activities
and findings of the Task Force.
(B) Contents.--The report required by subparagraph
(A) shall include the following:
[[Page 126 STAT. 2117]]
(i) The findings and recommendations of the
Task Force with respect to the study carried out
under subsection (b)(1).
(ii) The plan developed under paragraph
(3)(B).
(d) Study and Report on the Needs of Fire Services.--
(1) Study.--The Administrator shall conduct a study--
(A) to define the current roles and activities
associated with fire services on a national, State,
regional, and local level;
(B) to identify the equipment, staffing, and
training required to fulfill the roles and activities
defined under subparagraph (A);
(C) <<NOTE: Assessment.>> to conduct an assessment
to identify gaps between what fire services currently
possess and what they require to meet the equipment,
staffing, and training needs identified under
subparagraph (B) on a national and State-by-State basis;
and
(D) to measure the impact of the grant and
assistance program under section 33 of the Federal Fire
Prevention and Control Act of 1974 (15 U.S.C. 2229) in
meeting the needs of fire services and filling the gaps
identified under subparagraph (C).
(2) Report.--Not later than 2 years after the date of the
enactment of this title, the Administrator shall submit to
Congress a report on the findings of the Administrator with
respect to the study conducted under paragraph (1).
(e) Authorization of Appropriations.--There are authorized to be
appropriated to the Administrator to carry out this section--
(1) $600,000 for fiscal year 2013; and
(2) $600,000 for fiscal year 2014.
Subtitle <<NOTE: United States Fire Administration Reauthorization Act
of 2012. 15 USC 2201 note.>> B--Reauthorization of United States Fire
Administration
SEC. 1811. SHORT TITLE.
This subtitle may be cited as the ``United States Fire
Administration Reauthorization Act of 2012''.
SEC. 1812. CLARIFICATION OF RELATIONSHIP BETWEEN UNITED STATES
FIRE ADMINISTRATION AND FEDERAL
EMERGENCY MANAGEMENT AGENCY.
Section 5(c) of the Federal Fire Prevention and Control Act of 1974
(15 U.S.C. 2204) is amended to read as follows:
``(c) Deputy Administrator.--The Administrator may appoint a Deputy
Administrator, who shall--
``(1) perform such functions as the Administrator shall from
time to time assign or delegate; and
``(2) act as Administrator during the absence or disability
of the Administrator or in the event of a vacancy in the office
of Administrator.''.
SEC. 1813. MODIFICATION OF AUTHORITY OF ADMINISTRATOR TO EDUCATE
PUBLIC ABOUT FIRE AND FIRE PREVENTION.
Section 6 of the Federal Fire Prevention and Control Act of 1974 (15
U.S.C. 2205) is amended by striking ``to take all steps'' and all that
follows through ``fire and fire prevention.'' and inserting
[[Page 126 STAT. 2118]]
``to take such steps as the Administrator considers appropriate to
educate the public and overcome public indifference as to fire, fire
prevention, and individual preparedness.''.
SEC. 1814. AUTHORIZATION OF APPROPRIATIONS.
Section 17(g)(1) of the Federal Fire Prevention and Control Act of
1974 (15 U.S.C. 2216(g)(1)) is amended--
(1) in subparagraph (G), by striking ``and'' at the end;
(2) in subparagraph (H), by striking the period at the end
and inserting a semicolon;
(3) by adding after subparagraph (H) the following:
``(I) $76,490,890 for fiscal year 2013, of which $2,753,672
shall be used to carry out section 8(f);
``(J) $76,490,890 for fiscal year 2014, of which $2,753,672
shall be used to carry out section 8(f);
``(K) $76,490,890 for fiscal year 2015, of which $2,753,672
shall be used to carry out section 8(f);
``(L) $76,490,890 for fiscal year 2016, of which $2,753,672
shall be used to carry out section 8(f); and
``(M) $76,490,890 for fiscal year 2017, of which $2,753,672
shall be used to carry out section 8(f).''; and
(4) in subparagraphs (E) through (H), by moving each margin
2 ems to the left.
SEC. 1815. REMOVAL OF LIMITATION.
Section 9(d) of the Federal Fire Prevention and Control Act of 1974
(15 U.S.C. 2208(d)) is amended--
(1) by striking ``Update.--'' and all that follows through
``The Administrator'' and inserting ``Update.--The
Administrator''; and
(2) by striking paragraph (2).
DIVISION <<NOTE: Military Construction Authorization Act for Fiscal Year
2013.>> B--MILITARY CONSTRUCTION AUTHORIZATIONS
SEC. 2001. SHORT TITLE.
This division may be cited as the ``Military Construction
Authorization Act for Fiscal Year 2013''.
SEC. 2002. EXPIRATION OF AUTHORIZATIONS AND AMOUNTS REQUIRED TO BE
SPECIFIED BY LAW.
(a) Expiration of Authorizations After Three Years.--Except as
provided in subsection (b), all authorizations contained in titles XXI
through XXVII and title XXIX of this division for military construction
projects, land acquisition, family housing projects and facilities, and
contributions to the North Atlantic Treaty Organization Security
Investment Program (and authorizations of appropriations therefor) shall
expire on the later of--
(1) October 1, 2015; or
(2) the date of the enactment of an Act authorizing funds
for military construction for fiscal year 2016.
(b) <<NOTE: Time periods.>> Exception.--Subsection (a) shall not
apply to authorizations for military construction projects, land
acquisition, family housing projects and facilities, and contributions
to the North Atlantic
[[Page 126 STAT. 2119]]
Treaty Organization Security Investment Program (and authorizations of
appropriations therefor), for which appropriated funds have been
obligated before the later of--
(1) October 1, 2015; or
(2) the date of the enactment of an Act authorizing funds
for fiscal year 2016 for military construction projects, land
acquisition, family housing projects and facilities, or
contributions to the North Atlantic Treaty Organization Security
Investment Program.
TITLE XXI--ARMY MILITARY CONSTRUCTION
Sec. 2101. Authorized Army construction and land acquisition projects.
Sec. 2102. Family housing.
Sec. 2103. Authorization of appropriations, Army.
Sec. 2104. Modification of authority to carry out certain fiscal year
2010 project.
Sec. 2105. Extension of authorizations of certain fiscal year 2009
projects.
Sec. 2106. Extension of authorizations of certain fiscal year 2010
projects.
Sec. 2107. Extension of limitation on obligation or expenditure of funds
for tour normalization.
Sec. 2108. Limitation on project authorization to carry out certain
fiscal year 2013 project.
SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION
PROJECTS.
(a) Inside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2103(a) and available
for military construction projects inside the United States as specified
in the funding table in section 4601, the Secretary of the Army may
acquire real property and carry out military construction projects for
the installations or locations inside the United States, and in the
amounts, set forth in the following table:
Army: Inside the United States
------------------------------------------------------------------------
Installation or
State Location Amount
------------------------------------------------------------------------
Alaska........................ Fort Wainwright....... $10,400,000
Joint Base Elmendorf- $7,900,000
Richardson...........
California.................... Concord............... $8,900,000
Colorado...................... Fort Carson........... $18,000,000
District of Columbia.......... Fort McNair........... $7,200,000
Georgia....................... Fort Benning.......... $16,000,000
Fort Gordon........... $23,300,000
Fort Stewart.......... $49,650,000
Hawaii........................ Pohakuloa Training $29,000,000
Area.................
Schofield Barracks.... $96,000,000
Wheeler Army Air Field $85,000,000
Kansas........................ Fort Riley............ $12,200,000
Kentucky...................... Fort Campbell......... $81,800,000
............................ Fort Knox............. $6,000,000
Missouri...................... Fort Leonard Wood..... $123,000,000
New Jersey.................... Joint Base McGuire-Dix- $47,000,000
Lakehurst............
Picatinny Arsenal..... $10,200,000
New York...................... Fort Drum............. $95,000,000
U.S. Military Academy. $192,000,000
North Carolina................ Fort Bragg............ $68,000,000
Oklahoma...................... Fort Sill............. $4,900,000
[[Page 126 STAT. 2120]]
South Carolina................ Fort Jackson.......... $24,000,000
Texas......................... Corpus Christi........ $37,200,000
Fort Bliss............ $7,200,000
Fort Hood............. $51,200,000
Joint Base San Antonio $21,000,000
Virginia...................... Fort Belvoir.......... $94,000,000
Fort Lee.............. $81,000,000
Washington.................... Joint Base Lewis- $164,000,000
McChord..............
Yakima................ $5,100,000
------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2103(a) and available
for military construction projects outside the United States as
specified in the funding table in section 4601, the Secretary of the
Army may acquire real property and carry out military construction
projects for the installations or locations outside the United States,
and in the amounts, set forth in the following table:
Army: Outside the United States
------------------------------------------------------------------------
Country Installation or Location Amount
------------------------------------------------------------------------
Italy........................ Camp Ederle............. $36,000,000
Vicenza................. $32,000,000
Japan........................ Okinawa................. $78,000,000
Sagami.................. $18,000,000
Korea........................ Camp Humphreys.......... $45,000,000
------------------------------------------------------------------------
SEC. 2102. FAMILY HOUSING.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2103(a) and available for military family
housing functions as specified in the funding table in section 4601, the
Secretary of the Army may carry out architectural and engineering
services and construction design activities with respect to the
construction or improvement of family housing units in an amount not to
exceed $4,641,000.
SEC. 2103. AUTHORIZATION OF APPROPRIATIONS, ARMY.
(a) Authorization of Appropriations.--Funds are hereby authorized to
be appropriated for fiscal years beginning after September 30, 2012, for
military construction, land acquisition, and military family housing
functions of the Department of the Army as specified in the funding
table in section 4601.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section 2853 of title
10, United States Code, and any other cost variation authorized by law,
the total cost of all projects carried out under section 2101 of this
Act may not exceed the sum of the following:
(1) The total amount authorized to be appropriated under
subsection (a), as specified in the funding table in section
4601.
[[Page 126 STAT. 2121]]
(2) $106,000,000 (the balance of the amount authorized under
section 2101(a) for cadet barracks increment 1 at the United
States Military Academy, New York).
SEC. 2104. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL
YEAR 2010 PROJECT.
In the case of the authorization contained in the table in section
2101(a) of the Military Construction Authorization Act for Fiscal Year
2010 (division B of Public Law 111-84; 123 Stat. 2628) for Fort Belvoir,
Virginia, for construction of a Road and Access Control Point at the
installation, the Secretary of the Army may construct a standard design
Access Control Point consistent with the Army's construction guidelines
for Access Control Points.
SEC. 2105. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 2009
PROJECTS.
(a) <<NOTE: Termination date.>> Extension.--Notwithstanding section
2002 of the Military Construction Authorization Act for Fiscal Year 2009
(division B of Public Law 110-417; 122 Stat. 4658), authorizations set
forth in the table in subsection (b), as provided in section 2101 of
that Act (122 Stat. 4659), shall remain in effect until October 1, 2013,
or the date of the enactment of an Act authorizing funds for military
construction for fiscal year 2014, whichever is later.
(b) Table.--The table referred to in subsection (a) is as follows:
Army: Extension of 2009 Project Authorizations
----------------------------------------------------------------------------------------------------------------
State Installation or Location Project Amount
----------------------------------------------------------------------------------------------------------------
Alabama............................... Anniston Army Depot...... Lake Yard Interchange........... $1,400,000
New Jersey............................ Picatinny Arsenal........ Ballistic evaluation Facility $9,900,000
Phase I........................
----------------------------------------------------------------------------------------------------------------
SEC. 2106. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 2010
PROJECTS.
(a) <<NOTE: Termination date.>> Extension.--Notwithstanding section
2002 of the Military Construction Authorization Act for Fiscal Year 2010
(division B of Public Law 111-84; 123 Stat. 2627), authorizations set
forth in the table in subsection (b), as provided in section 2101 of
that Act (123 Stat. 2628), shall remain in effect until October 1, 2013,
or the date of the enactment of an Act authorizing funds for military
construction for fiscal year 2014, whichever is later.
(b) Table.--The table referred to in subsection (a) is as follows:
Army: Extension of 2010 Project Authorizations
----------------------------------------------------------------------------------------------------------------
State Installation or Location Project Amount
----------------------------------------------------------------------------------------------------------------
Louisiana............................ Fort Polk............... Land Purchases and $17,000,000
Condemnation...............
New Jersey........................... Picatinny Arsenal....... Ballistic Evaluation $10,200,000
Facility Phase 2...........
Virginia............................. Fort Belvoir............ Road and Access Control $9,500,000
Point......................
[[Page 126 STAT. 2122]]
Washington........................... Fort Lewis.............. Fort Lewis-McChord AFB Joint $9,000,000
Access.....................
Kuwait............................... Kuwait.................. APS Warehouses.............. $82,000,000
----------------------------------------------------------------------------------------------------------------
SEC. 2107. EXTENSION OF LIMITATION ON OBLIGATION OR EXPENDITURE OF
FUNDS FOR TOUR NORMALIZATION.
Section 2111 of the Military Construction Authorization Act for
Fiscal Year 2012 (division B of Public Law 112-81; 125 Stat. 1665) is
amended in the matter preceding paragraph (1) by inserting after ``under
this Act'' the following: ``or an Act authorizing funds for military
construction for fiscal year 2013''.
SEC. 2108. LIMITATION ON PROJECT AUTHORIZATION TO CARRY OUT
CERTAIN FISCAL YEAR 2013 PROJECT.
The Secretary of the Army may not obligate or expend any funds
authorized in this title for the construction of a cadet barracks at the
United States Military Academy, West Point, New York, until the
Secretary of the Army--
(1) <<NOTE: Plans.>> submits to the congressional defense
committees, as part of the future-years defense program
submitted to Congress during 2013 under section 221 of title 10,
United States Code, a plan showing programmed investments to
renovate existing cadet barracks at the United States Military
Academy; and
(2) <<NOTE: Certification. Contracts.>> certifies to the
congressional defense committees that the Secretary has entered
into a contract for the renovation of Scott Barracks at the
United States Military Academy.
TITLE XXII--NAVY MILITARY CONSTRUCTION
Sec. 2201. Authorized Navy construction and land acquisition projects.
Sec. 2202. Family housing.
Sec. 2203. Improvements to military family housing units.
Sec. 2204. Authorization of appropriations, Navy.
Sec. 2205. Modification of authority to carry out certain fiscal year
2012 project.
Sec. 2206. Extension of authorizations of certain fiscal year 2009
projects.
Sec. 2207. Extension of authorizations of certain fiscal year 2010
projects.
SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISITION
PROJECTS.
(a) Inside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2204(a) and available
for military construction projects inside the United States as specified
in the funding table in section 4601, the Secretary of the Navy may
acquire real property and carry out military construction projects for
the installations or locations inside the United States, and in the
amounts, set forth in the following table:
Navy: Inside the United States
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Arizona....................................... Yuma......................................... $29,285,000
[[Page 126 STAT. 2123]]
California.................................... Camp Pendleton............................... $88,110,000
Coronado..................................... $78,541,000
Miramar...................................... $27,897,000
Point Mugu.................................... $12,790,000
San Diego.................................... $71,188,000
Seal Beach.................................... $30,594,000
Twentynine Palms............................. $47,270,000
Florida....................................... Jacksonville................................. $21.980,000
Hawaii........................................ Kaneohe Bay.................................. $97,310,000
Mississippi.................................... Meridian...................................... $10,926,000
New Jersey..................................... Earle......................................... $33,498,000
North Carolina................................ Camp Lejeune................................. $69,890,000
Cherry Point Marine Corps Air Station........ $45,891,000
New River.................................... $8,525,000
South Carolina................................ Beaufort..................................... $81,780,000
Parris Island................................. $10,135,000
Virginia...................................... Dahlgren..................................... $28,228,000
Oceana Naval Air Station...................... $39,086,000
Portsmouth................................... $32,706,000
Quantico..................................... $58,714,000
Yorktown...................................... $48,823,000
Washington.................................... Whidbey Island............................... $6,272,000
----------------------------------------------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2204(a) and available
for military construction projects outside the United States as
specified in the funding table in section 4601, the Secretary of the
Navy may acquire real property and carry out military construction
projects for the installation or location outside the United States, and
in the amounts, set forth in the following table:
Navy: Outside the United States
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Bahrain....................................... SW Asia......................................... $51,348,000
Diego Garcia................................. Diego Garcia................................... $1,691,000
Greece........................................ Souda Bay....................................... $25,123,000
Japan......................................... Iwakuni......................................... $13,138,000
Okinawa......................................... $8,206,000
Romania....................................... Deveselu........................................ $45,205,000
Spain......................................... Rota............................................ $17,215,000
Worldwide (Unspecified)....................... Unspecified Worldwide Locations................. $34,048,000
----------------------------------------------------------------------------------------------------------------
SEC. 2202. FAMILY HOUSING.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2204(a) and available for military family
housing functions as specified in the funding table in section 4601, the
Secretary of the Navy may carry out architectural and engineering
services and construction design activities with respect to the
construction or improvement of family housing units in an amount not to
exceed $4,527,000.
[[Page 126 STAT. 2124]]
SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
Subject to section 2825 of title 10, United States Code, and using
amounts appropriated pursuant to the authorization of appropriations in
section 2204(a) and available for military family housing functions, the
Secretary of the Navy may improve existing military family housing units
in an amount not to exceed $97,655,000.
SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY.
(a) Authorization of Appropriations.--Funds are hereby authorized to
be appropriated for fiscal years beginning after September 30, 2012, for
military construction, land acquisition, and military family housing
functions of the Department of the Navy, as specified in the funding
table in section 4601.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section 2853 of title
10, United States Code, and any other cost variation authorized by law,
the total cost of all projects carried out under section 2201 of this
Act and the projects described in paragraphs (2) and (3) of this
subsection may not exceed the sum of the following:
(1) The total amount authorized to be appropriated under
subsection (a), as specified in the funding table in section
4601.
(2) $382,757,000 (the balance of the amount authorized under
section 2201(a) of the Military Construction Authorization Act
for Fiscal Year 2012 (division B of Public Law 112-81; 125 Stat.
1666) for an explosive handling wharf at Kitsap, Washington).
(3) $68,196,000 (the balance of the amount authorized under
section 2201(b) of the Military Construction Authorization Act
for Fiscal Year 2010 (division B of Public Law 111-84; 123 Stat.
2633) for ramp parking at Joint Region Marianas, Guam).
SEC. 2205. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL
YEAR 2012 PROJECT.
In the case of the authorization contained in the table in section
2201(a) of the Military Construction Authorization Act for Fiscal Year
2012 (division B of Public Law 112-81; 125 Stat. 1666), for Kitsap
(Bangor) Washington, for construction of Explosives Handling Wharf No. 2
at that location, the Secretary of the Navy may acquire fee or lesser
real property interests to accomplish required environmental mitigation
for the project using appropriations authorized for the project.
SEC. 2206. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 2009
PROJECTS.
(a) <<NOTE: Termination date.>> Extension.--Notwithstanding section
2002 of the Military Construction Authorization Act for Fiscal Year 2009
(division B of Public Law 110-417; 122 Stat. 4658), the authorization
set forth in the table in subsection (b), as provided in section 2201 of
that Act (122 Stat. 4670) and extended by section 2206 of the Military
Construction Authorization Act for Fiscal Year 2012 (division B of
Public Law 112-81; 125 Stat. 1668), shall remain in effect until October
1, 2013, or the date of an Act authorizing funds for military
construction for fiscal year 2014, whichever is later.
(b) Table.--The table referred to in subsection (a) is as follows:
[[Page 126 STAT. 2125]]
Navy: Extension of 2009 Project Authorization
----------------------------------------------------------------------------------------------------------------
State/Country Installation or Location Project Amount
----------------------------------------------------------------------------------------------------------------
California............................... Marine Corps Base, Camp Operations Access Points, $11,970,00
Pendleton................. Red Beach................. 0
Marine Corps Air Station, Emergency Response Station. $6,530,000
Miramar.
District of Columbia..................... Washington Navy Yard....... Child Development Center... $9,340,000
----------------------------------------------------------------------------------------------------------------
SEC. 2207. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 2010
PROJECTS.
(a) <<NOTE: Termination date.>> Extension.--Notwithstanding section
2002 of the Military Construction Authorization Act for Fiscal Year 2010
(division B of Public Law 111-84; 123 Stat. 2627), the authorization set
forth in the table in subsection (b), as provided in section 2201 of
that Act (123 Stat. 2632), shall remain in effect until October 1, 2013,
or the date of an Act authorizing funds for military construction for
fiscal year 2014, whichever is later.
(b) Table.--The table referred to in subsection (a) is as follows:
Navy: Extension of 2010 Project Authorization
----------------------------------------------------------------------------------------------------------------
State/Country Installation or Location Project Amount
----------------------------------------------------------------------------------------------------------------
California............................... Mountain Warfare Training Mountain Warfare Training, $6,830,000
Center, Bridgeport........ Commissary................
Maine.................................... Portsmouth Naval Shipyard.. Gate 2 Security $7,090,000
Improvements..............
Djibouti................................. Camp Lemonier.............. Security Fencing........... $8,109,000
Ammo Supply Point.......... $21,689,000
Interior Paved Roads....... $7,275,000
----------------------------------------------------------------------------------------------------------------
TITLE XXIII--AIR FORCE MILITARY CONSTRUCTION
Sec. 2301. Authorized Air Force construction and land acquisition
projects.
Sec. 2302. Family housing.
Sec. 2303. Improvements to military family housing units.
Sec. 2304. Authorization of appropriations, Air Force.
Sec. 2305. Extension of authorizations of certain fiscal year 2010
projects.
SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND ACQUISITION
PROJECTS.
(a) Inside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2304(a) and available
for military construction projects inside the United States as specified
in the funding table in section 4601, the Secretary of the Air Force may
acquire real property and carry out military construction projects for
the installations or locations inside the United States, and in the
amounts, set forth in the following table:
[[Page 126 STAT. 2126]]
Air Force: Inside the United States
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Arkansas....................................... Little Rock Air Force Base................ $30,178,000
Florida........................................ Tyndall Air Force Base.................... $14,750,000
Georgia........................................ Fort Stewart.............................. $7,250,000
Moody Air Force Base....................... $8,500,000
New Mexico..................................... Holloman Air Force Base................... $25,000,000
North Dakota................................... Minot Air Force Base...................... $4,600,000
Texas.......................................... Joint Base San Antonio.................... $18,000,000
Utah........................................... Hill Air Force Base....................... $13,530,000
----------------------------------------------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2304(a) and available
for military construction projects outside the United States as
specified in the funding table in section 4601, the Secretary of the Air
Force may acquire real property and carry out military construction
projects for the installations or locations outside the United States,
and in the amounts, set forth in the following table:
Air Force: Outside the United States
------------------------------------------------------------------------
Installation or
Country Location Amount
------------------------------------------------------------------------
Greenland..................... Thule Air Base....... $24,500,000
Guam........................... Andersen Air Force $58,000,000
Base.................
Italy......................... Aviano Air Base...... $9,400,000
Portugal...................... Lajes Field.......... $2,000,000
------------------------------------------------------------------------
SEC. 2302. FAMILY HOUSING.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2304(a) and available for military family
housing functions as specified in the funding table in section 4601, the
Secretary of the Air Force may carry out architectural and engineering
services and construction design activities with respect to the
construction or improvement of family housing units in an amount not to
exceed $4,253,000.
SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
Subject to section 2825 of title 10, United States Code, and using
amounts appropriated pursuant to the authorization of appropriations in
section 2304 and available for military family housing functions as
specified in the funding table in section 4601, the Secretary of the Air
Force may improve existing military family housing units in an amount
not to exceed $79,571,000.
SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR FORCE.
(a) Authorization of Appropriations.--Funds are hereby authorized to
be appropriated for fiscal years beginning after September 30, 2012, for
military construction, land acquisition, and military family housing
functions of the Department of the Air Force, as specified in the
funding table in section 4601.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section 2853 of title
10, United States Code, and any other cost variation authorized by law,
the total cost of all projects carried out under section
[[Page 126 STAT. 2127]]
2301 of this Act and the project described in paragraph (2) of this
subsection may not exceed the sum of the following:
(1) The total amount authorized to be appropriated under
subsection (a), as specified in the funding table in section
4601.
(2) $205,000,000 (the balance of the amount authorized under
section 2301(a) of the Military Construction Authorization Act
for Fiscal Year 2012 (division B of Public Law 112-81; 125 Stat.
1670) for the United States Strategic Command Headquarters at
Offutt Air Force Base, Nebraska).
SEC. 2305. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 2010
PROJECTS.
(a) <<NOTE: Termination date.>> Extension.--Notwithstanding section
2002 of the Military Construction Authorization Act for Fiscal Year 2010
(division B of Public Law 111-84; 123 Stat. 2627), authorizations set
forth in the table in subsection (b), as provided in section 2301 of
that Act (123 Stat. 2636), shall remain in effect until October 1, 2013,
or the date of an Act authorizing funds for military construction for
fiscal year 2014, whichever is later.
(b) Table.--The table referred to in subsection (a) is as follows:
Air Force: Extension of 2010 Project Authorization
----------------------------------------------------------------------------------------------------------------
State Installation or Location Project Amount
----------------------------------------------------------------------------------------------------------------
Missouri.............................. Whiteman Air Force Base.. Land Acquisition North & $5,500,000
South Boundary.............
Montana............................... Malmstrom Air Force Base. Weapons Storage Area (WSA), $10,600,000
Phase 2....................
----------------------------------------------------------------------------------------------------------------
TITLE XXIV--DEFENSE AGENCIES MILITARY CONSTRUCTION
Subtitle A--Defense Agency Authorizations
Sec. 2401. Authorized Defense Agencies construction and land acquisition
projects.
Sec. 2402. Authorized energy conservation projects.
Sec. 2403. Authorization of appropriations, Defense Agencies.
Sec. 2404. Modification of authority to carry out certain fiscal year
2012 projects.
Sec. 2405. Extension of authorization of certain fiscal year 2010
project.
Subtitle B--Chemical Demilitarization Authorizations
Sec. 2411. Authorization of appropriations, chemical demilitarization
construction, defense-wide.
Sec. 2412. Modification of authority to carry out certain fiscal year
1997 project.
Subtitle A--Defense Agency Authorizations
SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
(a) Inside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2403(a) and available
for military construction projects inside the United States as specified
in the funding table in section 4601, the Secretary of Defense may
acquire real property and carry out military
[[Page 126 STAT. 2128]]
construction projects for the installations or locations inside the
United States, and in the amounts, set forth in the following table:
Defense Agencies: Inside the United States
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Arizona......................................... Marana..................................... $6,477,000
Yuma....................................... $1,300,000
California..................................... Coronado.................................. $55,259,000
DEF Fuel Support Point-San Diego.......... $91,563,000
Edwards Air Force Base.................... $27,500,000
Twentynine Palms........................... $27,400,000
Colorado....................................... Buckley Air Force Base.................... $30,000,000
Fort Carson................................ $56,673,000
Pikes Peak................................. $3,600,000
Delaware........................................ Dover Air Force Base....................... $2,000,000
Florida........................................ Eglin Air Force Base...................... $41,695,000
Hurlburt Field............................ $16,000,000
MacDill Air Force Base.................... $34,409,000
Hawaii......................................... Joint Base Pearl Harbor-Hickam............ $24,289,000
Illinois....................................... Great Lakes............................... $28,700,000
Scott Air Force Base....................... $86,711,000
Indiana......................................... Grissom Army Reserve Base.................. $26,800,000
Kentucky....................................... Fort Campbell............................. $71,639,000
Louisiana...................................... Barksdale Air Force Base.................. $11,700,000
Maryland........................................ Annapolis................................. $66,500,000
Bethesda Naval Hospital................... $69,200,000
Fort Meade................................ $128,600,000
Missouri....................................... Fort Leonard Wood......................... $18,100,000
New Mexico...................................... Cannon Air Force Base...................... $93,085,000
New York........................................ Fort Drum.................................. $43,200,000
North Carolina................................. Camp Lejeune.............................. $80,064,000
Fort Bragg................................ $130,422,000
Seymour Johnson Air Force Base............ $55,450,000
Pennsylvania................................... DEF Distribution Depot New Cumberland..... $17,400,000
South Carolina................................. Shaw Air Force Base....................... $57,200,000
Texas........................................... Red River Army Depot...................... $16,715,000
Virginia....................................... Joint Expeditionary Base Little Creek-Fort $11,132,000
Story.....................................
Norfolk................................... $8,500,000
Washington..................................... Fort Lewis................................ $50,520,000
----------------------------------------------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2403(a) and available
for military construction projects outside the United States as
specified in the funding table in section 4601, the Secretary of Defense
may acquire real property and carry out military construction projects
for the installations or locations outside the United States, and in the
amounts, set forth in the following table:
Defense Agencies: Outside the United States
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Belgium......................................... Brussels................................... $26,969,000
[[Page 126 STAT. 2129]]
Germany........................................ Stuttgart-Patch Barracks.................. $2,413,000
Vogelweh.................................. $61,415,000
Weisbaden................................. $52,178,000
Guam........................................... Andersen Air Force Base................... $67,500,000
Guantanamo Bay, Cuba............................ Guantanamo Bay............................. $40,200,000
Japan.......................................... Camp Zama................................. $13,273,000
Kadena Air Base............................ $143,545,000
Sasebo..................................... $35,733,000
Zukeran.................................... $79,036,000
Korea........................................... Kunsan Air Base............................ $13,000,000
Osan Air Base.............................. $77,292,000
Romania......................................... Deveselu................................... $220,800,000
United Kingdom................................. Menwith Hill Station...................... $50,283,000
Royal Air Force Feltwell.................. $30,811,000
Royal Air Force Mildenhall................. $6,490,000
----------------------------------------------------------------------------------------------------------------
SEC. 2402. AUTHORIZED ENERGY CONSERVATION PROJECTS.
(a) Inside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2403(a) and available
for energy conservation projects inside the United States as specified
in the funding table in section 4601, the Secretary of Defense may carry
out energy conservation projects under chapter 173 of title 10, United
States Code, for the installations or locations inside the United
States, and in the amounts, set forth in the following table:
Energy Conservation Projects: Inside the United States
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Alaska.......................................... Clear...................................... $15,337,000
California...................................... Fort Hunter Liggett........................ $9,600,000
Parks RFTA................................. $9,256,000
Colorado........................................ Aerospace Data Facility.................... $3,310,000
Fort Carson................................ $4,000,000
Hawaii.......................................... Joint Base Pearl Harbor Hickam............. $6,610,000
Missouri........................................ Whiteman................................... $6,000,000
North Carolina.................................. Fort Bragg................................. $2,700,000
MCB Camp Lejeune........................... $5,701,000
New Jersey...................................... Sea Girt................................... $3,000,000
Pennsylvania.................................... NSA Mechanicsburg.......................... $19,926,000
Susquehanna................................ $2,550,000
Tobyhanna Army Depot....................... $3,950,000
Tennessee....................................... Arnold..................................... $3,606,000
Texas........................................... Fort Bliss................................. $5,700,000
Fort Bliss................................. $2,600,000
Laughlin................................... $4,800,000
Virginia........................................ MCB Quantico............................... $7,943,000
Pentagon Reservation....................... $2,360,000
Pentagon Reservation....................... $2,120,000
Various Locations............................... Various Locations.......................... $12,886,000
----------------------------------------------------------------------------------------------------------------
[[Page 126 STAT. 2130]]
(b) Outside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2403(a) and available
for energy conservation projects outside the United States as specified
in the funding table in section 4601, the Secretary of Defense may carry
out energy conservation projects under chapter 173 of title 10, United
States Code, for the installations or locations outside the United
States, and in the amounts, set forth in the following table:
Energy Conservation Projects: Outside the United States
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Italy........................................... Naval Air Station Sigonella................ $6,121,000
Spain........................................... Naval Station Rota......................... $2,671,000
Various Locations............................... Various Locations.......................... $7,253,000
----------------------------------------------------------------------------------------------------------------
SEC. 2403. AUTHORIZATION OF APPROPRIATIONS, DEFENSE AGENCIES.
(a) Authorization of Appropriations.--Funds are hereby authorized to
be appropriated for fiscal years beginning after September 30, 2012, for
military construction, land acquisition, and military family housing
functions of the Department of Defense (other than the military
departments), as specified in the funding table in section 4601.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section 2853 of title
10, United States Code, and any other cost variation authorized by law,
the total cost of all projects carried out under section 2401 of this
Act and the projects described in paragraphs (2) through (9) of this
subsection may not exceed the sum of the following:
(1) The total amount authorized to be appropriated under
subsection (a), as specified in the funding table in section
4601.
(2) $13,965,000 (the balance of the amount authorized under
section 2401(a) of the Military Construction Authorization Act
for Fiscal Year 2007(division B of Public Law 119-364; 120 Stat.
2457) for the Army Medical Research Institute of Infectious
Diseases Stage I at Fort Detrick, Maryland).
(3) $103,600,000 (the balance of the amount authorized under
section 2401(a) for NSAW Recapitalize Building #1 at Fort Meade,
Maryland).
(4) $556,639,000 (the balance of the amount authorized under
section 2401(a) of the Military Construction Authorization Act
for Fiscal Year 2012 (division B of Public Law 112-81; 125 Stat.
1672), as amended by section 2404(a) of this Act, for a data
center at Fort Meade, Maryland).
(5) $512,969,000 (the balance of the amount authorized under
section 2401(a) of the Military Construction Authorization Act
for Fiscal Year 2010 (division B of Public Law 111-84; 123 Stat.
2640) for a hospital at Fort Bliss, Texas).
(6) $134,900,000 (the balance of the amount authorized under
section 2401(a) of the Military Construction Authorization Act
for Fiscal Year 2012 (division B of Public Law 112-81; 125 Stat.
1672) for an Ambulatory Care Center Phase III at Joint Base San
Antonio, Texas).
(7) $41,913,000 (the balance of the amount authorized as a
Military Construction, Defense-Wide project by title X of
[[Page 126 STAT. 2131]]
the Supplemental Appropriations Act, 2009 (Public Law 111-32;
123 Stat. 1888) for a data center at Camp Williams, Utah).
(8) $792,408,000 (the balance of the amount authorized under
section 2401(b) of the Military Construction Authorization Act
for Fiscal Year 2012 (division B of Public Law 112-81; 125 Stat.
1673), as amended by section 2404(b) of this Act, for a hospital
at the Rhine Ordnance Barracks, Germany).
(9) $100,800,000 (the balance of the amount authorized under
section 2401(b) for the Aegis Ashore Missile Defense System
Complex at Deveselu, Romania).
SEC. 2404. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL
YEAR 2012 PROJECTS.
(a) Maryland.--The table in section 2401(a) of the Military
Construction Authorization Act for Fiscal Year 2012 (division B of
Public Law 112-81; 125 Stat. 1672), is amended in the item relating to
Fort Meade, Maryland, by striking ``$29,640,000'' in the amount column
and inserting ``$792,200,000''.
(b) Germany.--
(1) Project authorization.--The table in section 2401(b) of
the Military Construction Authorization Act for Fiscal Year 2012
(division B of Public Law 112-81; 125 Stat. 1673), is amended in
the item relating to Rhine Ordnance Barracks, Germany, by
striking ``$750,000,000'' in the amount column and inserting
``$990,000,000''.
(2) Certification required.--The Secretary of Defense may
not obligate additional funds made available pursuant to the
amendment made by paragraph (1) until the Secretary certifies to
the congressional defense committees that both of the following
directly support the proposed scope for the hospital at the
Rhine Ordnance Barracks, Germany:
(A) A sufficient enduring beneficiary population.
(B) The fiscal year 2014 force structure assessment,
incorporated in the budget submitted by the President to
Congress for fiscal year 2014.
SEC. 2405. EXTENSION OF AUTHORIZATION OF CERTAIN FISCAL YEAR 2010
PROJECT.
(a) <<NOTE: Termination date.>> Extension.--Notwithstanding section
2002 of the Military Construction Authorization Act for Fiscal Year 2010
(division B of Public Law 111-84; 123 Stat. 2627), the authorization set
forth in the table in subsection (b), as provided in section 2401(a) of
that Act (123 Stat. 2640), shall remain in effect until October 1, 2013,
or the date of the enactment of an Act authorizing funds for military
construction for fiscal year 2014, whichever is later.
(b) Table.--The table referred to in subsection (a) is as follows:
Extension of 2010 Project Authorization
----------------------------------------------------------------------------------------------------------------
State Installation or Location Project Amount
----------------------------------------------------------------------------------------------------------------
Virginia................................ Pentagon Reservation....... Pentagon electrical upgrade $19,272,000
----------------------------------------------------------------------------------------------------------------
[[Page 126 STAT. 2132]]
Subtitle B--Chemical Demilitarization Authorizations
SEC. 2411. AUTHORIZATION OF APPROPRIATIONS, CHEMICAL
DEMILITARIZATION CONSTRUCTION, DEFENSE-
WIDE.
(a) Authorization of Appropriations.-- Funds are hereby authorized
to be appropriated for fiscal years beginning after September 30, 2012,
for military construction and land acquisition for chemical
demilitarization, as specified in the funding table in section 4601.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section 2853 of title
10, United States Code, and any other cost variation authorized by law,
the total cost of all projects carried out under subsection (a) and the
project described in paragraph (2) of this subsection may not exceed the
sum of the following:
(1) The total amount authorized to be appropriated under
subsection (a), as specified in the funding table in section
4601.
(2) $158,969,000 (the balance of the amount authorized for
ammunition demilitarization at Blue Grass, Kentucky, by section
2401(a) of the Military Construction Authorization Act for
Fiscal Year 2000 (division B of Public Law 106-65; 113 Stat.
835), as most recently amended by section 2412 of the Military
Construction Authorization Act for Fiscal Year 2011 (division B
Public Law 111-383; 124 Stat. 4450).
SEC. 2412. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL
YEAR 1997 PROJECT.
(a) Modifications.--The table in section 2401(a) of the Military
Construction Authorization Act for Fiscal Year 1997 (division B of
Public Law 104-201; 110 Stat. 2775), as amended by section 2406 of the
Military Construction Authorization Act for Fiscal Year 2000 (division B
of Public Law 106-65; 113 Stat. 839), section 2407 of the Military
Construction Authorization Act for Fiscal Year 2003 (division B of
Public Law 107-314; 116 Stat. 2699), and section 2413 of the Military
Construction Authorization Act for Fiscal Year 2009 (division B of
Public Law 110-417; 122 Stat. 4697), is further amended--
(1) under the agency heading relating to Chemical
Demilitarization Program, in the item relating to Pueblo Army
Depot, Colorado, by striking ``$484,000,000'' in the amount
column and inserting ``$520,000,000''; and
(2) by striking the amount identified as the total in the
amount column and inserting ``$866,454,000''.
(b) Conforming Amendment.--Section 2406(b)(2) of the Military
Construction Authorization Act for Fiscal Year 1997 (110 Stat. 2779), as
so amended, is further amended by striking ``$484,000,000'' and
inserting ``$520,000,000''.
[[Page 126 STAT. 2133]]
TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT
PROGRAM
Sec. 2501. Authorized NATO construction and land acquisition projects.
Sec. 2502. Authorization of appropriations, NATO.
SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND ACQUISITION
PROJECTS.
The Secretary of Defense may make contributions for the North
Atlantic Treaty Organization Security Investment Program as provided in
section 2806 of title 10, United States Code, in an amount not to exceed
the sum of the amount authorized to be appropriated for this purpose in
section 2502 and the amount collected from the North Atlantic Treaty
Organization as a result of construction previously financed by the
United States.
SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO.
Funds are hereby authorized to be appropriated for fiscal years
beginning after September 30, 2012, for contributions by the Secretary
of Defense under section 2806 of title 10, United States Code, for the
share of the United States of the cost of projects for the North
Atlantic Treaty Organization Security Investment Program authorized by
section 2501 as specified in the funding table in section 4601.
TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES
Subtitle A--Project Authorizations and Authorization of Appropriations
Sec. 2601. Authorized Army National Guard construction and land
acquisition projects.
Sec. 2602. Authorized Army Reserve construction and land acquisition
projects.
Sec. 2603. Authorized Navy Reserve and Marine Corps Reserve construction
and land acquisition projects.
Sec. 2604. Authorized Air National Guard construction and land
acquisition projects.
Sec. 2605. Authorized Air Force Reserve construction and land
acquisition project.
Sec. 2606. Authorization of appropriations, National Guard and Reserve.
Subtitle B--Other Matters
Sec. 2611. Modification of authority to carry out certain fiscal year
2010 projects.
Sec. 2612. Modification of authority to carry out certain fiscal year
2011 projects.
Sec. 2613. Extension of authorization of certain fiscal year 2009
project.
Sec. 2614. Extension of authorization of certain fiscal year 2010
projects.
Subtitle A--Project Authorizations and Authorization of Appropriations
SEC. 2601. AUTHORIZED ARMY NATIONAL GUARD CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
(a) Inside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2606 and available for
the National Guard and Reserve as specified in the funding table in
section 4601, the Secretary of the Army may acquire real property and
carry out military construction
[[Page 126 STAT. 2134]]
projects for the Army National Guard locations inside the United States,
and in the amounts, set forth in the following table:
Army National Guard: Inside the United States
------------------------------------------------------------------------
State Location Amount
------------------------------------------------------------------------
Alabama....................... Fort McClellan....... $5,400,000
Arkansas...................... Searcy............... $6,800,000
California.................... Fort Irwin........... $25,000,000
Connecticut................... Camp Hartell......... $32,000,000
Delaware....................... Bethany Beach......... $5,500,000
Florida....................... Camp Blanding........ $9,000,000
Miramar............... $20,000,000
Hawaii........................ Kapolei.............. $28,000,000
Idaho.......................... Orchard Training Area. $40,000,000
Indiana....................... South Bend........... $21,000,000
Terra Haute.......... $9,000,000
Iowa........................... Camp Dodge............ $3,000,000
Kansas......................... Topeka................ $9,500,000
Kentucky....................... Frankfort............. $32,000,000
Massachusetts................. Camp Edwards......... $22,000,000
Minnesota..................... Camp Ripley.......... $17,000,000
Arden Hills........... $17,000,000
Missouri....................... Fort Leonard Wood.... $18,000,000
Kansas City........... $1,900,000
Monett................ $820,000
Perryville............ $700,000
Montana........................ Miles City............ $11,000,000
New Jersey.................... Sea Girt............. $34,000,000
New York....................... Stormville............ $24,000,000
Ohio........................... Chillicothe........... $3,100,000
Delaware.............. $12,000,000
Oklahoma...................... Camp Gruber.......... $25,000,000
Utah.......................... Camp Williams........ $36,000,000
Washington.................... Fort Lewis........... $35,000,000
West Virginia................. Logan................ $14,200,000
Wisconsin..................... Wausau............... $10,000,000
------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2606 and available for
the National Guard and Reserve as specified in the funding table in
section 4601, the Secretary of the Army may acquire real property and
carry out military construction projects for the Army National Guard
locations outside the United States, and in the amounts, set forth in
the following table:
Army National Guard: Outside the United States
----------------------------------------------------------------------------------------------------------------
Country Location Amount
----------------------------------------------------------------------------------------------------------------
Guam........................................... Barrigada..................................... $8,500,000
Puerto Rico................................... Camp Santiago................................ $3,800,000
Ceiba......................................... $2,200,000
Guaynabo...................................... $15,000,000
Gurabo........................................ $14,700,000
----------------------------------------------------------------------------------------------------------------
[[Page 126 STAT. 2135]]
SEC. 2602. AUTHORIZED ARMY RESERVE CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2606 and available for the National Guard and
Reserve as specified in the funding table in section 4601, the Secretary
of the Army may acquire real property and carry out military
construction projects for the Army Reserve locations inside the United
States, and in the amounts, set forth in the following table:
Army Reserve
------------------------------------------------------------------------
State Location Amount
------------------------------------------------------------------------
California.................... Fort Hunter Liggett.. $68,300,000
Tustin................ $27,000,000
Illinois...................... Fort Sheridan........ $28,000,000
Maryland....................... Aberdeen Proving $21,000,000
Ground.
Baltimore............. $10,000,000
Massachusetts................. Devens Reserve Forces $8,500,000
Training Area.
Nevada........................ Las Vegas............ $21,000,000
New Jersey.................... Joint Base McGuire- $7,400,000
Dix-Lakehurst.
Washington.................... Joint Base Lewis- $40,000,000
McChord.
Wisconsin..................... Fort McCoy........... $47,800,000
------------------------------------------------------------------------
SEC. 2603. AUTHORIZED NAVY RESERVE AND MARINE CORPS RESERVE
CONSTRUCTION AND LAND ACQUISITION
PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2606 and available for the National Guard and
Reserve as specified in the funding table in section 4601, the Secretary
of the Navy may acquire real property and carry out military
construction projects for the Navy Reserve and Marine Corps Reserve
locations inside the United States, and in the amounts, set forth in the
following table:
Navy Reserve and Marine Corps Reserve
------------------------------------------------------------------------
State Location Amount
------------------------------------------------------------------------
Arizona...................... Yuma.................... $5,379,000
Iowa......................... Fort Des Moines......... $19,162,000
Louisiana.................... New Orleans............. $7,187,000
New York.................... Brooklyn............... $4,430,000
Texas....................... Fort Worth............. $11,256,000
------------------------------------------------------------------------
SEC. 2604. AUTHORIZED AIR NATIONAL GUARD CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2606 and available for the National Guard and
Reserve as specified in the funding table in section 4601, the Secretary
of the Air Force may acquire real property and carry out military
construction projects for the Air National Guard locations inside the
United States, and in the amounts, set forth in the following table:
[[Page 126 STAT. 2136]]
Air National Guard
----------------------------------------------------------------------------------------------------------------
State Location Amount
----------------------------------------------------------------------------------------------------------------
California.................................... Fresno Yosemite International Airport Air $11,000,000
National Guard...............................
Hawaii........................................ Joint Base Pearl Harbor-Hickam............... $6,500,000
New Mexico.................................... Kirtland Air Force Base...................... $8,500,000
Wyoming....................................... Cheyenne Municipal Airport................... $6,486,000
----------------------------------------------------------------------------------------------------------------
SEC. 2605. AUTHORIZED AIR FORCE RESERVE CONSTRUCTION AND LAND
ACQUISITION PROJECT.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2606 and available for the National Guard and
Reserve as specified in the funding table in section 4601, the Secretary
of the Air Force may acquire real property and carry out a military
construction project for the Air Force Reserve location inside the
United States, and in the amount, set forth in the following table:
Air Force Reserve
------------------------------------------------------------------------
State Location Amount
------------------------------------------------------------------------
New York.................... Niagara Falls $6,100,000
International Airport.
------------------------------------------------------------------------
SEC. 2606. AUTHORIZATION OF APPROPRIATIONS, NATIONAL GUARD AND
RESERVE.
Funds are hereby authorized to be appropriated for fiscal years
beginning after September 30, 2012, for the costs of acquisition,
architectural and engineering services, and construction of facilities
for the Guard and Reserve Forces, and for contributions therefor, under
chapter 1803 of title 10, United States Code (including the cost of
acquisition of land for those facilities), as specified in the funding
table in section 4601.
Subtitle B--Other Matters
SEC. 2611. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL
YEAR 2010 PROJECTS.
(a) Authority to Carry Out Army National Guard Readiness Center
Project, North Las Vegas, Nevada.--In the case of the authorization
contained in the table in section 2601 of the Military Construction
Authorization Act for Fiscal Year 2010 (division B of Public Law 111-84;
123 Stat. 2648) for North Las Vegas, Nevada, for construction of a
Readiness Center, the Secretary of the Army may construct up to 68,593
square feet of readiness center, 10,000 square feet of unheated
equipment storage area, and 25,000 square feet of unheated vehicle
storage, consistent with the Army's construction guidelines for
readiness centers.
(b) Authority to Carry Out Army Reserve Center Project, Miramar,
California.--In the case of the authorization contained in the table in
section 2602 of the Military Construction Authorization Act for Fiscal
Year 2010 (division B of Public Law 111-84; 123 Stat. 2649) for Camp
Pendleton, California, for construction
[[Page 126 STAT. 2137]]
of an Army Reserve Center, the Secretary of the Army may construct an
Army Reserve Center in the vicinity of the Marine Corps Air Station,
Miramar, California.
(c) Authority to Carry Out Army Reserve Center Project, Bridgeport,
Connecticut.--In the case of the authorization contained in the table in
section 2602 of the Military Construction Authorization Act for Fiscal
Year 2010 (division B of Public Law 111-84; 123 Stat. 2649) for
Bridgeport, Connecticut, for construction of an Army Reserve Center/
Land, the Secretary of the Army may construct an Army Reserve Center and
acquire land in the vicinity of Bridgeport, Connecticut.
SEC. 2612. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL
YEAR 2011 PROJECTS.
(a) Authority to Carry Out Army Reserve Center Project, Fort Story,
Virginia.--In the case of the authorization contained in the table in
section 2602 of the Military Construction Authorization Act for Fiscal
Year 2011 (division B of Public Law 111-383; 124 Stat. 4453) for Fort
Story, Virginia, for construction of an Army Reserve Center, the
Secretary of the Army may construct an Army Reserve Center in the
vicinity of Fort Story, Virginia.
(b) Authority to Carry Out Army National Guard Project, Fort
Chaffee, Arkansas.--In the case of the authorization contained in the
table in section 2601 of the Military Construction Authorization Act for
Fiscal Year 2011 (division B of Public Law 111-383; 124 Stat. 4451) for
Fort Chaffee, Arkansas, for construction of a Live Fire Shoot House, the
Secretary of the Army may construct up to 5,869 square feet of Live Fire
Shoot House.
(c) Authority to Carry Out Army National Guard Project, Windsor
Locks, Connecticut.--In the case of the authorization contained in the
table in section 2601 of the Military Construction Authorization Act for
Fiscal Year 2011 (division B of Public Law 111-383; 124 Stat. 4451) for
Windsor Locks, Connecticut, for construction of a Readiness Center, the
Secretary of the Army may construct up to 119,510 square feet of a
Readiness Center.
(d) Authority to Carry Out Army National Guard Project, Kalaeloa,
Hawaii.--In the case of the authorization contained in the table in
section 2601 of the Military Construction Authorization Act for Fiscal
Year 2011 (division B of Public Law 111-383; 124 Stat. 4451) for
Kalaeloa, Hawaii, for construction of a Combined Support Maintenance
Shop, the Secretary of the Army may construct up to 137,548 square feet
of a Combined Support Maintenance Shop.
(e) Authority to Carry Out Army National Guard Project, Wichita,
Kansas.--In the case of the authorization contained in the table in
section 2601 of the Military Construction Authorization Act for Fiscal
Year 2011 (division B of Public Law 111-383; 124 Stat. 4451) for
Wichita, Kansas, for construction of a Field Maintenance Shop, the
Secretary of the Army may construct up to 62,102 square feet of a Field
Maintenance Shop.
(f) Authority to Carry Out Army National Guard Project, Minden,
Louisiana.--In the case of the authorization contained in the table in
section 2601 of the Military Construction Authorization Act for Fiscal
Year 2011 (division B of Public Law 111-383; 124 Stat. 4451) for Minden,
Louisiana, for construction of a Readiness Center, the Secretary of the
Army may construct up to 90,944 square feet of a Readiness Center.
[[Page 126 STAT. 2138]]
(g) Authority to Carry Out Army National Guard Project, Saint
Inigoes, Maryland.--In the case of the authorization contained in the
table in section 2601 of the Military Construction Authorization Act for
Fiscal Year 2011 (division B of Public Law 111-383; 124 Stat. 4451) for
Saint Inigoes, Maryland, for construction of a Tactical Unmanned
Aircraft System Facility, the Secretary of the Army may construct up to
10,298 square feet of a Tactical Unmanned Aircraft System Facility.
(h) Authority to Carry Out Army National Guard Project, Camp
Grafton, North Dakota.--In the case of the authorization contained in
the table in section 2601 of the Military Construction Authorization Act
for Fiscal Year 2011 (division B of Public Law 111-383; 124 Stat. 4451)
for Camp Grafton, North Dakota, for construction of a Readiness Center,
the Secretary of the Army may construct up to 68,671 square feet of a
Readiness Center.
(i) Authority to Carry Out Army National Guard Project, Watertown,
South Dakota.--In the case of the authorization contained in the table
in section 2601 of the Military Construction Authorization Act for
Fiscal Year 2011 (division B of Public Law 111-383; 124 Stat. 4451) for
Watertown, South Dakota, for construction of a Readiness Center, the
Secretary of the Army may construct up to 97,865 square feet of a
Readiness Center.
(j) Authority to Carry Out Air National Guard Project, Nashville,
Tennessee.--In the case of the authorization contained in the table in
section 2604 of the Military Construction Authorization Act for Fiscal
Year 2011 (division B of Public Law 111-383; 124 Stat. 4453) for
Nashville International Airport, Tennessee, for renovation of an
Intelligence Squadron Facility, the Secretary of the Air Force may
convert up to 4,023 square meters of existing facilities to bed down
Intelligence Group and Remotely Piloted Aircraft Remote Split Operations
Group missions, consistent with the Air National Guard's construction
guidelines for these missions.
SEC. 2613. EXTENSION OF AUTHORIZATION OF CERTAIN FISCAL YEAR 2009
PROJECT.
(a) Extension.--Notwithstanding section 2002 of the Military
Construction Authorization Act for Fiscal Year 2009 (division B of
Public Law 110-417; 122 Stat. 4658), the authorization set forth in the
table in subsection (b), as provided in section 2604 of that Act (122
Stat. 4706), shall remain in effect until October 1, 2013, or the date
of the enactment of an Act authorizing funds for military construction
for fiscal year 2014, whichever is later.
(b) Table.--The table referred to in subsection (a) is as follows:
Air National Guard: Extension of 2009 Project Authorizations
----------------------------------------------------------------------------------------------------------------
State Installation or Location Project Amount
----------------------------------------------------------------------------------------------------------------
Mississippi............................ Gulfport-Biloxi Relocate Munitions $3,400,000
International Airport. Complex.................
----------------------------------------------------------------------------------------------------------------
SEC. 2614. EXTENSION OF AUTHORIZATION OF CERTAIN FISCAL YEAR 2010
PROJECTS.
(a) Extension.--Notwithstanding section 2002 of the Military
Construction Authorization Act for Fiscal Year 2010 (division B of
Public Law 111-84; 123 Stat. 2627), the authorizations set forth
[[Page 126 STAT. 2139]]
in the tables in subsection (b), as provided in sections 2602 and 2604
of that Act (123 Stat. 2649, 2651), shall remain in effect until October
1, 2013, or the date of the enactment of an Act authorizing funds for
military construction for fiscal year 2014, whichever is later.
(b) Table.--The tables referred to in subsection (a) are as follows:
Army Reserve: Extension of 2010 Project Authorizations
----------------------------------------------------------------------------------------------------------------
State Installation or Location Project Amount
----------------------------------------------------------------------------------------------------------------
California............................ Camp Pendleton.......... Army Reserve Center........... $19,500,000
Connecticut........................... Bridgeport.............. Army Reserve Center/Land...... $18,500,000
----------------------------------------------------------------------------------------------------------------
Air National Guard: Extension of 2010 Project Authorization
----------------------------------------------------------------------------------------------------------------
State Installation or Location Project Amount
----------------------------------------------------------------------------------------------------------------
Mississippi........................... Gulfport-Biloxi Airport.. Relocate Base Entrance.......... $6,500,000
----------------------------------------------------------------------------------------------------------------
TITLE XXVII--BASE REALIGNMENT AND CLOSURE ACTIVITIES
Subtitle A--Authorization of Appropriations
Sec. 2701. Authorization of appropriations for base realignment and
closure activities funded through Department of Defense Base
Closure Account 1990.
Sec. 2702. Authorization of appropriations for base realignment and
closure activities funded through Department of Defense Base
Closure Account 2005.
Subtitle B--Other Matters
Sec. 2711. Consolidation of Department of Defense base closure accounts
and authorized uses of base closure account funds.
Sec. 2712. Revised base closure and realignment restrictions and
Comptroller General assessment of Department of Defense
compliance with codified base closure and realignment
restrictions.
Subtitle A--Authorization of Appropriations
SEC. 2701. AUTHORIZATION OF APPROPRIATIONS FOR BASE REALIGNMENT
AND CLOSURE ACTIVITIES FUNDED THROUGH
DEPARTMENT OF DEFENSE BASE CLOSURE
ACCOUNT 1990.
Funds are hereby authorized to be appropriated for fiscal years
beginning after September 30, 2012, for base realignment and closure
activities, including real property acquisition and military
construction projects, as authorized by the Defense Base Closure and
Realignment Act of 1990 (part A of title XXIX of Public Law 101-510; 10
U.S.C. 2687 note) and funded through the Department of Defense Base
Closure Account 1990 established by section 2906 of such Act as
specified in the funding table in section 4601.
[[Page 126 STAT. 2140]]
SEC. 2702. AUTHORIZATION OF APPROPRIATIONS FOR BASE REALIGNMENT
AND CLOSURE ACTIVITIES FUNDED THROUGH
DEPARTMENT OF DEFENSE BASE CLOSURE
ACCOUNT 2005.
Funds are hereby authorized to be appropriated for fiscal years
beginning after September 30, 2012, for base realignment and closure
activities, including real property acquisition and military
construction projects, as authorized by the Defense Base Closure and
Realignment Act of 1990 (part A of title XXIX of Public Law 101-510; 10
U.S.C. 2687 note) and funded through the Department of Defense Base
Closure Account 2005 established by section 2906A of such Act as
specified in the funding table in section 4601.
Subtitle B--Other Matters
SEC. 2711. CONSOLIDATION OF DEPARTMENT OF DEFENSE BASE CLOSURE
ACCOUNTS AND AUTHORIZED USES OF BASE
CLOSURE ACCOUNT FUNDS.
(a) Establishment of Single Department of Defense Base Closure
Account; Use of Funds.--The Defense Base Closure and Realignment Act of
1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note)
is amended by striking sections 2906 and 2906A and inserting the
following new section 2906:
``SEC. 2906. DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT.
``(a) Establishment.--There is hereby established on the books of
the Treasury an account to be known as the `Department of Defense Base
Closure Account' which shall be administered by the Secretary as a
single account.
``(b) Credits to Account.--There shall be credited to the Account
the following:
``(1) Funds authorized for and appropriated to the Account.
``(2) Funds transferred to the Account pursuant to section
2711(b) of the Military Construction Authorization Act for
Fiscal Year 2013.
``(3) Funds that the Secretary may, subject to approval in
an appropriation Act, transfer to the Account from funds
appropriated to the Department of Defense for any purpose,
except that funds may be transferred under the authority of this
paragraph only after the date on which the Secretary transmits
written notice of, and justification for, such transfer to the
congressional defense committees.
``(4) Proceeds received from the lease, transfer, or
disposal of any property at a military installation closed or
realigned under this part or the 1988 BRAC law.
``(c) Use of Account.--
``(1) Authorized purposes.--The Secretary may use the funds
in the Account only for the following purposes:
``(A) To carry out the Defense Environmental
Restoration Program under section 2701 of title 10,
United States Code, and other environmental restoration
and mitigation activities at military installations
closed or realigned under this part or the 1988 BRAC
law.
``(B) To cover property management, disposal, and
caretaker costs incurred at military installations
closed or realigned under this part or the 1988 BRAC
law.
[[Page 126 STAT. 2141]]
``(C) To cover costs associated with supervision,
inspection, overhead, engineering, and design of
military construction projects undertaken under this
part or the 1988 BRAC law before September 30, 2013, and
subsequent claims, if any, related to such activities.
``(D) To record, adjust, and liquidate obligations
properly chargeable to the following accounts:
``(i) The Department of Defense Base Closure
Account 2005 established by section 2906A of this
part, as in effect on September 30, 2013.
``(ii) The Department of Defense Base Closure
Account 1990 established by this section, as in
effect on September 30, 2013.
``(iii) The Department of Defense Base Closure
Account established by section 207 of the 1988
BRAC law, as in effect on September 30, 2013.
``(2) Sole source of funds.--The Account shall be the sole
source of Federal funds for the activities specified in
paragraph (1) at a military installation closed or realigned
under this part or the 1988 BRAC law.
``(3) Prohibition on use of account for new military
construction.--Except as provided in paragraph (1), funds in the
Account may not be used, directly or by transfer to another
appropriations account, to carry out a military construction
project, including a minor military construction project, under
section 2905(a) or any other provision of law at a military
installation closed or realigned under this part or the 1988
BRAC law.
``(d) Disposal or Transfer of Commissary Stores and Property
Purchased With Nonappropriated Funds.--
``(1) Deposit of proceeds in reserve account.--If any real
property or facility acquired, constructed, or improved (in
whole or in part) with commissary store funds or nonappropriated
funds is transferred or disposed of in connection with the
closure or realignment of a military installation under this
part, a portion of the proceeds of the transfer or other
disposal of property on that installation shall be deposited in
the reserve account established under section 204(b)(7)(C) of
the 1988 BRAC law.
``(2) The amount so deposited under paragraph (1) shall be
equal to the depreciated value of the investment made with such
funds in the acquisition, construction, or improvement of that
particular real property or facility. The depreciated value of
the investment shall be computed in accordance with regulations
prescribed by the Secretary.
``(3) Use of reserve funds.--Subject to the limitation
contained in section 204(b)(7)(C)(iii) of the 1988 BRAC law,
amounts in the reserve account are hereby made available to the
Secretary, without appropriation and until expended, for the
purpose of acquiring, constructing, and improving--
``(A) commissary stores; and
``(B) real property and facilities for
nonappropriated fund instrumentalities.
``(e) Consolidated Budget Justification Display for Account.--
[[Page 126 STAT. 2142]]
``(1) Consolidated budget information required.--The
Secretary shall establish a consolidated budget justification
display in support of the Account that for each fiscal year--
``(A) details the amount and nature of credits to,
and expenditures from, the Account during the preceding
fiscal year;
``(B) separately details the caretaker and
environmental remediation costs associated with each
military installation for which a budget request is
made;
``(C) specifies the transfers into the Account and
the purposes for which these transferred funds will be
further obligated, to include caretaker and environment
remediation costs associated with each military
installation;
``(D) specifies the closure or realignment
recommendation, and the base closure round in which the
recommendation was made, that precipitated the inclusion
of the military installation; and
``(E) details any intra-budget activity transfers
within the Account that exceeded $1,000,000 during the
preceding fiscal year or that are proposed for the next
fiscal year and will exceed $1,000,000.
``(2) Submission.--The Secretary shall include the
information required by paragraph (1) in the materials that the
Secretary submits to Congress in support of the budget for a
fiscal year submitted by the President pursuant to section 1105
of title 31, United States Code.
``(f) Closure of Account; Treatment of Remaining Funds.--
``(1) Closure.--The Account shall be closed at the time and
in the manner provided for appropriation accounts under section
1555 of title 31, United States Code, except that unobligated
funds which remain in the Account upon closure shall be held by
the Secretary of the Treasury until transferred by law after the
congressional defense committees receive the final report
transmitted under paragraph (2).
``(2) Final report.--No later than 60 days after the closure
of the Account under paragraph (1), the Secretary shall transmit
to the congressional defense committees a report containing an
accounting of--
``(A) all the funds credited to and expended from
the Account or otherwise expended under this part or the
1988 BRAC law; and
``(B) any funds remaining in the Account.
``(g) Definitions.--In this section:
``(1) The term `commissary store funds' means funds received
from the adjustment of, or surcharge on, selling prices at
commissary stores fixed under section 2685 of title 10, United
States Code.
``(2) The term `nonappropriated funds' means funds received
from a nonappropriated fund instrumentality.
``(3) The term `nonappropriated fund instrumentality' means
an instrumentality of the United States under the jurisdiction
of the Armed Forces (including the Army and Air Force Exchange
Service, the Navy Resale and Services Support Office, and the
Marine Corps exchanges) which is conducted for the comfort,
pleasure, contentment, or physical or mental improvement of
members of the Armed Forces.
[[Page 126 STAT. 2143]]
``(4) The term `1988 BRAC law' means title II of the Defense
Authorization Amendments and Base Closure and Realignment Act
(Public Law 100-526; 10 U.S.C. 2687 note).''.
(b) <<NOTE: 10 USC 2687 note.>> Closure of Existing Current
Accounts; Transfer of Funds.--
(1) Closure.--Subject to paragraph (2), the Secretary of the
Treasury shall close, pursuant to section 1555 of title 31,
United States Code, the following accounts on the books of the
Treasury:
(A) The Department of Defense Base Closure Account
2005 established by section 2906A of the Defense Base
Closure and Realignment Act of 1990 (part A of title
XXIX of Public Law 101-510; 10 U.S.C. 2687 note), as in
effect on the effective date of this section.
(B) The Department of Defense Base Closure Account
1990 established by section 2906 of the Defense Base
Closure and Realignment Act of 1990 (part A of title
XXIX of Public Law 101-510; 10 U.S.C. 2687 note), as in
effect on the effective date of this section.
(C) The Department of Defense Base Closure Account
established by section 207 of the Defense Authorization
Amendments and Base Closure and Realignment Act (Public
Law 100-526; 10 U.S.C. 2687 note), as in effect on the
effective date of this section.
(2) Transfer of funds.--All amounts remaining in the three
accounts specified in paragraph (1) as of the effective date of
this section, shall be transferred, effective on that date, to
the Department of Defense Base Closure Account established by
section 2906 of the Defense Base Closure and Realignment Act of
1990, as added by subsection (a).
(3) Cross references.--Except as provided in this subsection
or the context requires otherwise, any reference in a law,
regulation, document, paper, or other record of the United
States to an account specified in paragraph (1) shall be deemed
to be a reference to the Department of Defense Base Closure
Account established by section 2906 of the Defense Base Closure
and Realignment Act of 1990, as added by subsection (a).
(c) Conforming Amendments.--
(1) Repeal of former account.--Section 207 of the Defense
Authorization Amendments and Base Closure and Realignment Act
(Public Law 100-526; 10 U.S.C. 2687 note) is repealed.
(2) Repeal of obsolete reporting requirement.--Section 2907
of the Defense Base Closure and Realignment Act of 1990 (part A
of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note) is
repealed.
(3) Definition.--
(A) 1990 law.--Section 2910(1) of the Defense Base
Closure and Realignment Act of 1990 (part A of title
XXIX of Public Law 101-510; 10 U.S.C. 2687 note) is
amended by striking ``1990 established by section
2906(a)(1)'' and inserting ``established by section
2906(a)''.
(B) 1988 law.--The Defense Authorization Amendments
and Base Closure and Realignment Act (Public Law 100-
526; 10 U.S.C. 2687 note) is amended--
[[Page 126 STAT. 2144]]
(i) in section 204(b)(7)(A), by striking
``established by section 207(a)(1)''; and
(ii) in section 209(1), by striking
``established by section 207(a)(1)'' and inserting
``established by section 2906(a) of the Defense
Base Closure and Realignment Act of 1990 (part A
of title XXIX of Public Law 101-510; 10 U.S.C.
2687 note)''.
(4) Environmental restoration.--Chapter 160 of title 10,
United States Code, is amended--
(A) in section 2701(d)(2), by striking ``Department
of Defense Base Closure Account 1990 or the Department
of Defense Base Closure Account 2005 established under
sections 2906 and 2906A'' and inserting ``Department of
Defense Base Closure Account established by section
2906'';
(B) in section 2703(h)--
(i) by striking ``the applicable Department of
Defense base closure account'' and inserting ``the
Department of Defense Base Closure Account
established under section 2906 of the Defense Base
Closure and Realignment Act of 1990 (part A of
title XXIX of Public Law 101-510; 10 U.S.C. 2687
note)''; and
(ii) by striking ``the applicable base closure
account'' and inserting ``such base closure
account''; and
(C) in section 2705(g)(2), by striking ``Closure
Account 1990'' and inserting ``Closure Account''.
(5) Department of defense housing funds.--Section 2883 of
such title is amended--
(A) in subsection (c)--
(i) by striking subparagraph (G) of paragraph
(1); and
(ii) by striking subparagraph (G) of paragraph
(2); and
(B) in subsection (f)--
(i) in the first sentence, by striking ``or
(G)'' both places it appears; and
(ii) by striking the second sentence.
(d) <<NOTE: 10 USC 2701 note.>> Effective Date.--This section and
the amendments made by this section shall take effect on the later of--
(1) October 1, 2013; and
(2) the date of the enactment of an Act authorizing funds
for military construction for fiscal year 2014.
SEC. 2712. REVISED BASE CLOSURE AND REALIGNMENT RESTRICTIONS AND
COMPTROLLER GENERAL ASSESSMENT OF
DEPARTMENT OF DEFENSE COMPLIANCE WITH
CODIFIED BASE CLOSURE AND REALIGNMENT
RESTRICTIONS.
(a) Civilian Personnel Reductions Below Prescribed Thresholds.--
Section 2687 of title 10, United States Code, is amended--
(1) by redesignating subsection (e) as subsection (g) and
moving such subsection to the end of the section;
(2) by redesignating subsections (c) and (d) as subsections
(d) and (e), respectively; and
(3) by inserting after subsection (b) the following new
subsection (c):
[[Page 126 STAT. 2145]]
``(c) No action described in subsection (a) with respect to the
closure of, or realignment with respect to, any military installation
referred to in such subsection may be taken within five years after the
date on which a decision is made to reduce the civilian personnel
thresholds below the levels prescribed in such subsection.''.
(b) <<NOTE: Deadline. Reports.>> Comptroller General Assessment.--
Not later than 180 days after the date of the enactment of this Act, the
Comptroller General of the United States shall submit to the
congressional defense committees a report reviewing the process and
criteria used by the Department of Defense to make decisions relating to
closures and realignments at military installations, including closures
and realignments occurring both above and below the threshold levels
specified in section 2687 of title 10, United States Code.
(c) Conforming Amendments Relating to Redesignation of Definitions
Subsection.--Title 10, United States Code, is amended as follows:
(1) Section 2391(d)(1) is amended by striking ``section
2687(e)'' and inserting ``section 2687''.
(2) Section 2667(i)(3) is amended by striking ``section
2687(e)(1)'' and inserting ``section 2687''.
TITLE XXVIII--MILITARY CONSTRUCTION GENERAL PROVISIONS
Subtitle A--Military Construction Program and Military Family Housing
Changes
Sec. 2801. Authorized cost and scope variations.
Sec. 2802. Preparation of master plans for major military installations.
Sec. 2803. Oversight and accountability for military housing
privatization projects and related annual reporting
requirements.
Sec. 2804. Extension of temporary, limited authority to use operation
and maintenance funds for construction projects in certain
areas outside the United States.
Sec. 2805. Comptroller General report on in-kind payments.
Subtitle B--Real Property and Facilities Administration
Sec. 2811. Clarification of parties with whom Department of Defense may
conduct exchanges of real property at certain military
installations.
Sec. 2812. Identification requirements for access to military
installations.
Sec. 2813. Report on property disposals at certain closed military
installations and additional authorities to assist local
communities in the vicinity of such installations.
Sec. 2814. Report on reorganization of Air Force Materiel Command
organizations.
Subtitle C--Energy Security
Sec. 2821. Congressional notification for contracts for the provision
and operation of energy production facilities authorized to
be located on real property under the jurisdiction of a
military department.
Sec. 2822. Availability and use of Department of Defense energy cost
savings to promote energy security.
Sec. 2823. Continuation of limitation on use of funds for Leadership in
Energy and Environmental Design (LEED) gold or platinum
certification.
Sec. 2824. Guidance on financing for renewable energy projects.
Sec. 2825. Energy savings performance contract report.
Subtitle D--Provisions Related to Asia-Pacific Military Realignment
Sec. 2831. Certification of military readiness need for a Live Fire
Training Range Complex on Guam as condition on establishment
of range complex.
Sec. 2832. Realignment of Marine Corps forces in Asia-Pacific region.
Subtitle E--Land Conveyances
Sec. 2841. Modification of authorized consideration, Broadway Complex of
the Department of the Navy, San Diego, California.
[[Page 126 STAT. 2146]]
Sec. 2842. Use of proceeds, land conveyance, Tyndall Air Force Base,
Florida.
Sec. 2843. Land conveyance, John Kunkel Army Reserve Center, Warren,
Ohio.
Sec. 2844. Land conveyance, Castner Range, Fort Bliss, Texas.
Sec. 2845. Modification of land conveyance, Fort Hood, Texas.
Sec. 2846. Land conveyance, Local Training Area for Browning Army
Reserve Center, Utah.
Subtitle F--Other Matters
Sec. 2851. Modification of notice requirements in advance of permanent
reduction of sizable numbers of members of the Armed Forces
at military installations.
Sec. 2852. Acceptance of gifts and services to support military museum
programs and use of cooperative agreements with nonprofit
entities for military museum and military educational
institution programs.
Sec. 2853. Additional exemptions from certain requirements applicable to
funding for data servers and centers.
Sec. 2854. Redesignation of the Center for Hemispheric Defense Studies
as the William J. Perry Center for Hemispheric Defense
Studies.
Sec. 2855. Sense of Congress regarding establishment of military divers
memorial at Washington Navy Yard.
Sec. 2856. Limitation on availability of funds pending report regarding
acquisition of land and development of a training range
facility adjacent to the Marine Corps Air Ground Combat
Center Twentynine Palms, California.
Sec. 2857. Oversight and maintenance of closed base cemeteries overseas
containing the remains of members of the Armed Forces or
citizens of the United States.
Sec. 2858. Report on establishment of joint Armed Forces historical
storage and preservation facility.
Sec. 2859. Establishment of commemorative work to Gold Star Mothers.
Sec. 2860. Establishment of commemorative work to slaves and free Black
persons who served in American Revolution.
Subtitle A--Military Construction Program and Military Family Housing
Changes
SEC. 2801. AUTHORIZED COST AND SCOPE VARIATIONS.
Section 2853 of title 10, United States Code, is amended--
(1) in subsection (a), by striking ``was approved
originally'' and inserting ``was authorized'';
(2) in subsection (b)--
(A) in paragraph (1), by adding at the end the
following: ``Any reduction in scope of work for a
military construction project shall not result in a
facility or item of infrastructure that is not complete
and useable or does not fully meet the mission
requirement contained in the justification data provided
to Congress as part of the request for authorization of
the project, construction, improvement, or
acquisition.''; and
(B) by adding at the end the following new
paragraph:
``(3) In this subsection, the term `scope of work' refers to the
function, size, or quantity of a facility or item of complete and
useable infrastructure contained in the justification data provided to
Congress as part of the request for authorization of the project,
construction, improvement, or acquisition.'';
(3) in subsection (c)(1)(A), by striking ``and the reasons
therefor, including a description'' and inserting ``, the
reasons therefor, a certification that the mission requirement
identified in the justification data provided to Congress can be
still be met with the reduced scope, and a description''; and
(4) by adding at the end the following new subsection:
``(e) Notwithstanding the authority under subsections (a) through
(d), the Secretary concerned shall ensure compliance of
[[Page 126 STAT. 2147]]
contracts for military construction projects and for the construction,
improvement, and acquisition of military family housing projects with
section 1341 of title 31 (commonly referred to as the `Anti-Deficiency
Act').''.
SEC. 2802. PREPARATION OF MASTER PLANS FOR MAJOR MILITARY
INSTALLATIONS.
(a) Military Installation Master Plans.--Subchapter III of chapter
169 of title 10, United States Code, is amended by inserting after
section 2863 the following new section:
``Sec. 2864. Master plans for major military installations
``(a) <<NOTE: Time period.>> Plans Required.--At a time interval
prescribed by the Secretary concerned (but not less frequently than once
every 10 years), the commander of each major military installation under
the jurisdiction of the Secretary shall ensure that an installation
master plan is developed to address environmental planning, sustainable
design and development, sustainable range planning, real property master
planning, and transportation planning.
``(b) Transportation Component.--The transportation component of the
master plan for a major military installation shall be developed and
updated in consultation with the metropolitan planning organization
designated for the metropolitan planning area in which the military
installation is located.
``(c) Definitions.--In this section:
``(1) The term `major military installation' has the meaning
given to the term `large site' in the most recent version of the
Department of Defense Base Structure Report issued before the
time interval prescribed for development of installation master
plans arises under subsection (a).
``(2) The terms `metropolitan planning area' and
`metropolitan planning organization' have the meanings given
those terms in section 134(b) of title 23 and section 5303(b) of
title 49.''.
(b) Clerical Amendment.--The table of sections at the beginning of
subchapter III of chapter 169 of such title is amended by inserting
after the item relating to section 2863 the following new item:
``2864. Master plans for major military installations.''.
SEC. 2803. OVERSIGHT AND ACCOUNTABILITY FOR MILITARY HOUSING
PRIVATIZATION PROJECTS AND RELATED
ANNUAL REPORTING REQUIREMENTS.
(a) Financial Integrity and Accountability Measures for Sustainment
of Privatization Projects.--
(1) Financial integrity and accountability measures
required.--Section 2885 of title 10, United States Code, is
amended by adding at the end the following new subsection:
``(f) Financial Integrity and Accountability Measures.--(1) The
regulations required by subsection (a) shall address the following
requirements for each military housing privatization project upon the
completion of the construction or renovation of the housing units:
``(A) The financial health and performance of the
privatization project, including the debt-coverage ratio of the
project and occupancy rates for the housing units.
``(B) An assessment of the backlog of maintenance and repair
of the housing units.
[[Page 126 STAT. 2148]]
``(2) If the debt service coverage for a military housing
privatization project falls below 1.0 or the occupancy rates for the
housing units of the project are below 75 percent for more than one
year, the Secretary concerned shall require the development of a plan to
address the financial risk of the project.''.
(2) Conforming amendment.--Subsection (a) of such section is
amended in the matter preceding paragraph (1) by inserting
before the period at the end of the first sentence the
following: ``during the course of the construction or renovation
of the housing units''.
(b) Annual Reporting Requirements.--Section 2884 of such title is
amended by striking subsection (b) and inserting the following new
subsections:
``(b) Annual Reports to Accompany Budget Materials.--The Secretary
of Defense shall include each year in the materials that the Secretary
submits to Congress in support of the budget submitted by the President
pursuant to section 1105 of title 31 the following:
``(1) A separate report on the expenditures and receipts
during the preceding fiscal year covering each of the Funds
established under section 2883 of this title, including a
description of the specific construction, acquisition, or
improvement projects from which funds were transferred and the
privatization projects or contracts to which those funds were
transferred. Each report shall also include, for each military
department or defense agency, a description of all funds to be
transferred to such Funds for the current fiscal year and the
next fiscal year.
``(2) A report setting forth, by armed force, the following:
``(A) An estimate of the amounts of basic allowance
for housing under section 403 of title 37 that will be
paid, during the current fiscal year and the fiscal year
for which the budget is submitted, to members of the
armed forces living in housing provided under the
authorities in this subchapter.
``(B) The number of units of military family housing
and military unaccompanied housing upon which the
estimate under subparagraph (A) for the current fiscal
year and the next fiscal year is based.
``(3) A description of the plans for housing privatization
activities to be carried out under this subchapter--
``(A) during the fiscal year for which the budget is
submitted; and
``(B) during the period covered by the then-current
future-years defense plan under section 221 of this
title.
``(4) A report identifying each family housing unit acquired
or constructed under this subchapter that is used, or intended
to be used, as quarters for a general officer or flag officer
and for which the total operation, maintenance, and repair costs
for the unit exceeded $50,000. For each housing unit so
identified, the report shall also include the total of such
operation, maintenance, and repair costs.
``(c) Annual Report on Privatization Projects.--The Secretary of
Defense shall submit to the congressional defense committees a semi-
annual report containing on evaluation of the status of oversight and
accountability measures under section 2885 of this title for military
housing privatization projects. To the extent
[[Page 126 STAT. 2149]]
each Secretary concerned has the right to attain the information
described in this subsection, each report shall include, at a minimum,
the following:
``(1) An assessment of the backlog of maintenance and repair
at each military housing privatization project where a
significant backlog exists, including an estimation of the cost
of eliminating the maintenance and repair backlog.
``(2) If the debt associated with a privatization project
exceeds net operating income or the occupancy rates for the
housing units are below 75 percent for more than one year, the
plan developed to mitigate the financial risk of the project.
``(3) An assessment of any significant project variances
between the actual and pro forma deposits in the
recapitalization account.
``(4) The details of any significant withdrawals from a
recapitalization account, including the purpose and rationale of
the withdrawal and, if the withdrawal occurs before the normal
recapitalization period, the impact of the early withdrawal on
the financial health of the project.
``(5) An assessment of the extent to which the information
required to comply with paragraphs (1) through (4) has been
requested by the Secretaries, but has not been made available.
``(6) An assessment of cost assessed to members of the armed
forces for utilities compared to utility rates in the local
area.''.
SEC. 2804. EXTENSION OF TEMPORARY, LIMITED AUTHORITY TO USE
OPERATION AND MAINTENANCE FUNDS FOR
CONSTRUCTION PROJECTS IN CERTAIN AREAS
OUTSIDE THE UNITED STATES.
Section 2808 of the Military Construction Authorization Act for
Fiscal Year 2004 (division B of Public Law 108-136; 117 Stat. 1723), as
most recently amended by section 2804 of the Military Construction
Authorization Act for Fiscal Year 2012 (division B of Public Law 112-81;
125 Stat. 1685), is further amended--
(1) in subsection (c)--
(A) by striking paragraph (2);
(B) by redesignating paragraph (3) as paragraph (2);
and
(C) in paragraph (2), as so redesignated, by
striking the second sentence; and
(2) in subsection (h)--
(A) in paragraph (1), by striking ``September 30,
2012'' and inserting ``September 30, 2013''; and
(B) in paragraph (2), by striking ``fiscal year
2013'' and inserting ``fiscal year 2014''.
SEC. 2805. COMPTROLLER GENERAL REPORT ON IN-KIND PAYMENTS.
(a) Reports Required.--
(1) Initial report.--Not later than 270 days after the date
of the enactment of this Act, the Comptroller General of the
United States shall submit to the congressional defense
committees a report on the construction or renovation of
Department of Defense facilities with in-kind payments. The
report shall cover construction or renovation projects begun
during the preceding two years.
[[Page 126 STAT. 2150]]
(2) Updates.--Not later than one year after submitting the
report required under paragraph (1), and annually thereafter for
three years, the Comptroller General shall submit to the
congressional defense committees a report covering projects
begun since the most recent report.
(b) Content.--Each report required under subsection (a) shall
include the following elements:
(1) A listing of each facility constructed or renovated for
the Department of Defense as payment in kind.
(2) The value in United States dollars of that construction
or renovation.
(3) The source of the in-kind payment.
(4) The agreement pursuant to which the in-kind payment was
made.
(5) A description of the purpose and need for the
construction or renovation.
Subtitle B--Real Property and Facilities Administration
SEC. 2811. CLARIFICATION OF PARTIES WITH WHOM DEPARTMENT OF
DEFENSE MAY CONDUCT EXCHANGES OF REAL
PROPERTY AT CERTAIN MILITARY
INSTALLATIONS.
Section 2869(a)(1) of title 10, United States Code, is amended--
(1) by striking ``any eligible entity'' and inserting ``any
person'';
(2) by striking ``the entity'' and inserting ``the person'';
and
(3) by striking ``their control'' and inserting ``the
person's control''.
SEC. 2812. <<NOTE: 10 USC 113 note.>> IDENTIFICATION REQUIREMENTS
FOR ACCESS TO MILITARY INSTALLATIONS.
(a) Procedural Requirements for Identification Verification.--Not
later than <<NOTE: Deadline. Publication.>> 180 days after the date of
the enactment of this Act, the Secretary of Defense shall publish
procedural requirements regarding access to military installations in
the United States by individuals, including individuals performing work
under a contract awarded by the Department of Defense. The procedural
requirements may vary between military installations, or parts of
installations, depending on the nature of the installation, the nature
of the access granted, and the level of security required.
(b) Issues Addressed.--The procedures required by subsection (a)
shall address, at a minimum, the following:
(1) The forms of identification to be required to permit
entry.
(2) The measures to be used to verify the authenticity of
such identification and identify individuals who seek
unauthorized access to a military installation through the use
of fraudulent identification or other means.
(3) The measures to be used to notify Department of Defense
security personnel of any attempt to gain unauthorized access to
a military installation.
[[Page 126 STAT. 2151]]
SEC. 2813. REPORT ON PROPERTY DISPOSALS AT CERTAIN CLOSED MILITARY
INSTALLATIONS AND ADDITIONAL AUTHORITIES
TO ASSIST LOCAL COMMUNITIES IN THE
VICINITY OF SUCH INSTALLATIONS.
(a) Report Required.--Not later than 270 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
congressional defense committees a report on the disposition of any
closure of an active-duty military installation since 1988 in the United
States that--
(1) was not subject to the property disposal provisions
contained in the Defense Base Closure and Realignment Act of
1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687
note); and
(2) for which property disposals have not been completed as
of the date of the enactment of this Act.
(b) Elements.--The report required by subsection (a) shall include
the following:
(1) A description of the status of property described in
subsection (a).
(2) An assessment of the environmental conditions of, and
plans and costs for environmental remediation for, each such
property;
(3) The plan and schedule, if currently available, for the
disposal of each such property.
(4) A description of additional future financial liability
or other policy impacts to the Department of Defense that are
likely to be incurred in the event that statutory authorities
provided by Congress in connection with the disposition of
military installations closed under a base closure law are
extended to military installations closed apart from a base
closure law and for which property disposals have not been
completed as of the date of the enactment of this Act.
(5) Such recommendations, if any, as the Secretary of
Defense considers appropriate for additional authorities to
assist the Department in expediting the disposal of property at
closed military installations in order to facilitate economic
redevelopment for local communities.
(c) Definitions.--In this section:
(1) The term ``base closure law'' has the meaning given that
term in section 101(a)(17) of title 10, United States Code.
(2) The term ``military installation'' means a base, camp,
post, station, yard, center, homeport facility for any ship, or
other activity under the jurisdiction of the Department of
Defense in the United States.
(3) The term ``United States'' means the several States, the
District of Columbia, the Commonwealth of Puerto Rico, American
Samoa, the Virgin Islands, the Commonwealth of the Northern
Mariana Islands, and Guam.
SEC. 2814. REPORT ON REORGANIZATION OF AIR FORCE MATERIEL COMMAND
ORGANIZATIONS.
(a) Report Required.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
congressional defense committees a report on the reorganization of Air
Force Materiel Command organizations.
(b) Elements.--The report required under subsection (a) shall
include the following elements:
[[Page 126 STAT. 2152]]
(1) An assessment of the efficiencies and effectiveness
associated with the reorganization of Air Force Materiel Command
organizations.
(2) An assessment of the organizational construct to
determine how institutional synergies that were previously
available in a collocated center can be replicated in the new
Air Force Materiel Command Center reorganization, including an
assessment of the following Air Force Materiel Command
capabilities:
(A) Science and Technology, Acquisition.
(B) Developmental Test and Evaluation.
(3) An assessment of synergistic efficiencies associated
with capabilities of collocated organizations of other commands,
including an assessment of the impact of the reorganization of
the Air Force Materiel Command on the responsibilities of other
commands regarding the following:
(A) Operational Test and Evaluation.
(B) Follow-on Operational Test and Evaluation.
(4) An assessment of how the Air Force reorganization of Air
Force Materiel Command is in adherence with section 2687 of
title 10, United States Code.
(5) An analysis of the extent to which the proposed changes
in the Air Force management structure were coordinated with the
Office of the Secretary of Defense and the degree to which any
concerns raised by such Office were addressed in the approach
selected by the Air Force.
Subtitle C--Energy Security
SEC. 2821. CONGRESSIONAL NOTIFICATION FOR CONTRACTS FOR THE
PROVISION AND OPERATION OF ENERGY
PRODUCTION FACILITIES AUTHORIZED TO BE
LOCATED ON REAL PROPERTY UNDER THE
JURISDICTION OF A MILITARY DEPARTMENT.
Section 2662(a)(1) of title 10, United States Code, is amended by
adding at the end the following new subparagraph:
``(H) Any transaction or contract action for the provision
and operation of energy production facilities on real property
under the jurisdiction of the Secretary of a military
department, as authorized by section 2922a(a)(2) of this title,
if the term of the transaction or contract exceeds 20 years.''.
SEC. 2822. AVAILABILITY AND USE OF DEPARTMENT OF DEFENSE ENERGY
COST SAVINGS TO PROMOTE ENERGY SECURITY.
Section 2912(b)(1) of title 10, United States Code, is amended by
inserting after ``additional energy conservation'' the following: ``and
energy security''.
SEC. 2823. CONTINUATION OF LIMITATION ON USE OF FUNDS FOR
LEADERSHIP IN ENERGY AND ENVIRONMENTAL
DESIGN (LEED) GOLD OR PLATINUM
CERTIFICATION.
(a) Additional Requirements for Report on Energy-efficiency
Standards.--Subsection (a) of section 2830 of the Military Construction
Authorization Act for Fiscal Year 2012 (division B of Public Law 112-81;
125 Stat. 1695) is amended--
(1) in paragraph (1), by striking ``Not later than June 30,
2012, the'' and inserting ``The''; and
[[Page 126 STAT. 2153]]
(2) by striking paragraph (3) and inserting the following
new paragraph (3):
``(3) Department of defense unified facilities criteria and
related policies.--The report shall also include the Department
of Defense Unified Facilities Criteria and related Department of
Defense policies, which shall be updated--
``(A) to reflect comprehensive guidance for the
pursuit of design and building standards throughout the
Department of Defense that specifically address energy-
and water-efficient standards and sustainable design
attributes for military construction based on the cost-
benefit analysis, return on investment, total ownership
costs, and demonstrated payback of the design standards
specified in subparagraphs (A), (B), (C), and (D) of
paragraph (2); and
``(B) to ensure that the building design and
certification standards are applied to each military
construction project based on geographic location and
local circumstances to ensure maximum savings.''.
(b) Prohibition on Use of Funds for LEED Gold or Platinum
Certification Pending Report.--Subsection (b)(1) of such section is
amended--
(1) by striking ``for fiscal year 2012'' and inserting ``for
fiscal year 2012 or 2013''; and
(2) by inserting before the period at the end the following:
``until the report required by subsection (a) is submitted to
the congressional defense committees''.
SEC. 2824. <<NOTE: Deadlines. 10 USC 2911 note.>> GUIDANCE ON
FINANCING FOR RENEWABLE ENERGY PROJECTS.
(a) Guidance on Use of Available Financing Approaches.--
(1) Issuance.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall--
(A) issue guidance about the use of available
financing approaches for financing renewable energy
projects; and
(B) direct the Secretaries of the military
departments to update their military department-wide
guidance accordingly.
(2) Elements.--The guidance issued pursuant to paragraph (1)
should describe the requirements and restrictions applicable to
the underlying authorities and any Department of Defense-
specific guidelines for using appropriated funds and
alternative-financing approaches for renewable energy projects
to maximize cost savings and energy efficiency for the
Department of Defense.
(b) Guidance on Use of Business Case Analyses.--Not later than 180
days after the date of the enactment of this Act, the Secretary of
Defense shall issue guidance that establishes and clearly describes the
processes used by the military departments to select financing
approaches for renewable energy projects to ensure that business case
analyses are completed to maximize cost savings and energy efficiency
and mitigate drawbacks and risks associated with different financing
approaches.
(c) <<NOTE: Web site.>> Information Sharing.--Not later than 180
days after the date of the enactment of this Act, the Secretary of
Defense shall develop a formalized communications process, such as a
shared Internet website, that will enable officials at military
installations to have timely access on an ongoing basis to information
related
[[Page 126 STAT. 2154]]
to financing renewable energy projects on other installations, including
best practices and lessons that officials at other installations have
learned from their experiences in financing renewable energy projects.
(d) Consultation.--The Secretary of Defense shall issue the guidance
under subsections (a) and (b) and develop the communications process
under subsection (c) in consultation with the Under Secretary of Defense
for Acquisition, Technology, and Logistics and the Deputy Under
Secretary of Defense for Installations and Environment. The Secretary of
Defense shall also issue the guidance under subsection (b) in
consultation with the Secretaries of the military departments.
SEC. 2825. ENERGY SAVINGS PERFORMANCE CONTRACT REPORT.
(a) Report Required.--Not later than June 30, 2013, the Secretary of
Defense shall submit to the congressional defense committees a report on
the use of energy savings performance contracts awarded by the
Department of Defense during calendar years 2010, 2011, and 2012.
(b) Elements of Report.--The report shall include the following
(identified for each military department separately):
(1) The amount of appropriated funds that were obligated or
expended during calendar years 2010, 2011, and 2012 for energy
savings performance contracts and any funds remaining to be
obligated or expended for such energy savings performance
contracts.
(2) The amount of such funds that have been used for
comprehensive retrofits.
(3) The amount of such funds that have been used to leverage
private sector capital, including the amount of such capital.
(4) The amount of savings that have been achieved, or that
are expected to be achieved, as a result of such energy savings
performance contracts.
Subtitle D--Provisions Related to Asia-Pacific Military Realignment
SEC. 2831. CERTIFICATION OF MILITARY READINESS NEED FOR A LIVE
FIRE TRAINING RANGE COMPLEX ON GUAM AS
CONDITION ON ESTABLISHMENT OF RANGE
COMPLEX.
A Live Fire Training Range Complex on Guam may not be established
(including any construction or lease of lands related to such
establishment) in coordination with the realignment of United States
Armed Forces in the Pacific until the Secretary of Defense certifies to
the congressional defense committees that there is a military training
and readiness requirement for the Live Fire Training Range Complex.
SEC. 2832. REALIGNMENT OF MARINE CORPS FORCES IN ASIA-PACIFIC
REGION.
(a) <<NOTE: Plans.>> Restriction on Use of Funds for Realignment.--
Except as provided in subsection (c), none of the funds authorized to be
appropriated under this Act, and none of the amounts provided by the
Government of Japan for construction activities on land
[[Page 126 STAT. 2155]]
under the jurisdiction of the Department of Defense, may be obligated to
implement the realignment of Marine Corps forces from Okinawa to Guam or
Hawaii until each of the following occurs:
(1) <<NOTE: Assessment.>> The Commander of the United
States Pacific Command provides to the congressional defense
committees an assessment of the strategic and logistical
resources needed to ensure the distributed lay-down of members
of the Marine Corps in the United States Pacific Command Area of
Responsibility meets the contingency operations plans.
(2) The Secretary of Defense submits to the congressional
defense committees master plans for the construction of
facilities and infrastructure to execute the Marine Corps
distributed lay-down on Guam and Hawaii, including a detailed
description of costs and the schedule for such construction.
(3) The Secretary of the Navy submits a plan to the
congressional defense committees detailing the proposed
investments and schedules required to restore facilities and
infrastructure at Marine Corps Air Station Futenma.
(4) A plan coordinated by all pertinent Federal agencies is
provided to the congressional defense committees detailing
descriptions of work, costs, and a schedule for completion of
construction, improvements, and repairs to the non-military
utilities, facilities, and infrastructure, if any, on Guam
affected by the realignment of forces.
(b) Restriction on Development of Public Infrastructure.--If the
Secretary of Defense <<NOTE: Determination.>> determines that any grant,
cooperative agreement, transfer of funds to another Federal agency, or
supplement of funds available in fiscal year 2012 or 2013 under Federal
programs administered by agencies other than the Department of Defense
will result in the development (including repair, replacement,
renovation, conversion, improvement, expansion, acquisition, or
construction) of public infrastructure on Guam, the Secretary of Defense
may not carry out such grant, transfer, cooperative agreement, or
supplemental funding unless such grant, transfer, cooperative agreement,
or supplemental funding is specifically authorized by law.
(c) Exceptions to Funding Restriction.--The Secretary of Defense may
use funds described in subsection (a)--
(1) to complete additional analysis or studies required
under the National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.) for proposed actions on Guam or Hawaii;
(2) to initiate planning and design of construction projects
at Andersen Air Force Base and Andersen South; and
(3) to carry out any military construction project for which
an authorization of appropriations is provided in section 2204,
as specified in the funding table in section 4601.
(d) Definitions.--In this section:
(1) Distributed lay-down.--The term ``distributed lay-down''
refers to the planned distribution of members of the Marine
Corps in Okinawa, Guam, Hawaii, Australia, and possibly
elsewhere that is contemplated in support of the joint statement
of the United States-Japan Security Consultative Committee
issued April 26, 2012, in the District of Columbia (April 27,
2012, in Tokyo).
(2) Public infrastructure.--The term ``public
infrastructure'' means any utility, method of transportation,
item of equipment, or facility under the control of a public
entity or
[[Page 126 STAT. 2156]]
State or local government that is used by, or constructed for
the benefit of, the general public.
(e) Repeal of Superseded Law.--Section 2207 of the Military
Construction Authorization Act for Fiscal Year 2012 (division B of
Public Law 112-81; 125 Stat. 1668) is repealed.
Subtitle E--Land Conveyances
SEC. 2841. MODIFICATION OF AUTHORIZED CONSIDERATION, BROADWAY
COMPLEX OF THE DEPARTMENT OF THE NAVY,
SAN DIEGO, CALIFORNIA.
Section 2732(b)(1)(A) of the Military Construction Authorization
Act, 1987 (division B of Public 99-661; 100 Stat. 4046) is amended by
striking ``constructed on such real property by the lessees.'' and
inserting the following: ``constructed by the lessees--
``(i) on such real property; or
``(ii) on other real property within the boundaries of the
metropolitan San Diego, California, area.''.
SEC. 2842. USE OF PROCEEDS, LAND CONVEYANCE, TYNDALL AIR FORCE
BASE, FLORIDA.
Section 2862(c) of the Military Construction Authorization Act for
Fiscal Year 2000 (division B of Public Law 106-65; 113 Stat. 869) is
amended by striking ``construct or improve military family housing
units'' and all that follows through the period at the end and inserting
``improve or repair facilities at Tyndall Air Force Base.''.
SEC. 2843. LAND CONVEYANCE, JOHN KUNKEL ARMY RESERVE CENTER,
WARREN, OHIO.
(a) Conveyance Authorized.--The Secretary of the Army may convey,
without consideration, to the Village of Lordstown, Ohio (in this
section referred to as the ``Village''), all right, title, and interest
of the United States in and to a parcel of real property, including any
improvements thereon, consisting of approximately 6.95 acres and
containing the John Kunkel Army Reserve Center located at 4967 Tod
Avenue in Warren, Ohio, for the purpose of permitting the Village to use
the parcel for public purposes.
(b) Interim Lease.--Until such time as the real property described
in subsection (a) is conveyed to the Village, the Secretary may lease
the property to the Village.
(c) <<NOTE: Determination.>> Reversionary Interest.--If the
Secretary determines at any time that the real property conveyed under
subsection (a) is not being used in accordance with the purpose of the
conveyance specified in subsection (a) or that the Village has violated
a condition imposed by subsection (e), all right, title, and interest in
and to such real property, including any improvements thereto, shall, at
the option of the Secretary, revert to and become the property of the
United States, and the United States shall have the right of immediate
entry onto such real property. A determination by the Secretary under
this subsection shall be made on the record after an opportunity for a
hearing.
(d) Payment of Costs of Conveyance.--
(1) Payment required.--The Secretary shall require the
Village to cover costs (except costs for environmental
remediation of the property) to be incurred by the Secretary, or
to
[[Page 126 STAT. 2157]]
reimburse the Secretary for such costs incurred by the
Secretary, to carry out the conveyance under subsection (a),
including survey costs, costs for environmental documentation,
and any other administrative costs related to the conveyance. If
amounts are collected from the Village in advance of the
Secretary incurring the actual costs, and the amount collected
exceeds the costs actually incurred by the Secretary to carry
out the conveyance, the Secretary shall refund the excess amount
to the Village.
(2) Treatment of amounts received.--Amounts received as
reimbursement under paragraph (1) shall be credited to the fund
or account that was used to cover those costs incurred by the
Secretary in carrying out the conveyance. Amounts so credited
shall be merged with amounts in such fund or account, and shall
be available for the same purposes, and subject to the same
conditions and limitations, as amounts in such fund or account.
(e) Conditions of Conveyance.--The conveyance of the real property
under subsection (a) shall be subject to the following conditions:
(1) That the Village not use any Federal funds to cover any
portion of the conveyance costs required by subsection (d) to be
paid by the Village or to cover the costs for the design or
construction of any facility on the property.
(2) That the Village begin using the property for public
purposes before the end of the five-year period beginning on the
date of conveyance.
(f) Description of Property.--The exact acreage and legal
description of the property to be conveyed under subsection (a) shall be
determined by a survey satisfactory to the Secretary.
(g) Additional Terms.--The Secretary may require such additional
terms and conditions in connection with the conveyance as the Secretary
considers appropriate to protect the interests of the United States.
SEC. 2844. LAND CONVEYANCE, CASTNER RANGE, FORT BLISS, TEXAS.
(a) Conveyance Authorized.--
(1) Conveyance authority.--The Secretary of the Army may
convey, without consideration, to the Parks and Wildlife
Department of the State of Texas (in this section referred to as
the ``Department'') all right, title, and interest of the United
States in and to a parcel of real property, including any
improvements thereon, consisting of approximately 7,081 acres at
Fort Bliss, Texas, for the purpose of permitting the Department
to establish and operate a park as an element of the Franklin
Mountains State Park.
(2) Piecemeal conveyances.--In anticipation of the
conveyance of the entire parcel of real property described in
paragraph (1), the Secretary may subdivide the parcel and convey
to the Department portions of the real property as the Secretary
determines that the condition of the real property is compatible
with the Department's intended use of the property.
(b) <<NOTE: Determination.>> Reversionary Interest.--If the
Secretary determines at any time that the real property conveyed under
subsection (a) is not being used in accordance with the purpose of the
conveyance, all right, title, and interest in and to such real property,
including
[[Page 126 STAT. 2158]]
any improvements thereto, shall, at the option of the Secretary, revert
to and become the property of the United States, and the United States
shall have the right of immediate entry onto such real property. A
determination by the Secretary under this subsection shall be made on
the record after an opportunity for a hearing.
(c) Payment of Costs of Conveyances.--
(1) Payment required.--The Secretary shall require the
Department to cover costs to be incurred by the Secretary, or to
reimburse the Secretary for costs incurred by the Secretary, to
carry out the land conveyance under this section, including
survey costs, costs related to environmental documentation, and
other administrative costs related to the conveyance. If amounts
are collected from the Department in advance of the Secretary
incurring the actual costs, and the amount collected exceeds the
costs actually incurred by the Secretary to carry out the land
exchange, the Secretary shall refund the excess amount to
Department. This paragraph does not apply to costs associated
with the environmental remediation of the property to be
conveyed.
(2) Treatment of amounts received.--Amounts received as
reimbursements under paragraph (1) shall be credited to the fund
or account that was used to cover the costs incurred by the
Secretary in carrying out the land exchange. Amounts so credited
shall be merged with amounts in such fund or account and shall
be available for the same purposes, and subject to the same
conditions and limitations, as amounts in such fund or account.
(c) Description of Property.--The exact acreage and legal
descriptions of the parcels of real property to be conveyed under
subsection (a) shall be determined by a survey satisfactory to the
Secretary.
(d) Additional Terms and Conditions.--The Secretary may require such
additional terms and conditions in connection with the conveyances under
subsection (a) as the Secretary considers appropriate to protect the
interests of the United States.
SEC. 2845. MODIFICATION OF LAND CONVEYANCE, FORT HOOD, TEXAS.
Section 2848(a) of the Military Construction Authorization Act for
Fiscal Year 2005 (division B of Public Law 108-375; 118 Stat. 2140) is
amended by striking ``for the sole purpose'' and all that follows
through ``Central Texas.'' and inserting the following: ``for the
purpose of permitting the University System to use the property--
``(1) for the establishment of a State-supported university,
separate from other universities of the University System,
designated as Texas A&M University, Central Texas; and
``(2) for such other educational purposes as the University
System considers to be appropriate and the Secretary of the Army
determines to be compatible with military activities in the
vicinity of the property.''.
SEC. 2846. LAND CONVEYANCE, LOCAL TRAINING AREA FOR BROWNING ARMY
RESERVE CENTER, UTAH.
(a) Conveyance Authorized.--The Secretary of the Army may convey,
without consideration, to the State of Utah Department of Veterans
Affairs (in this section referred to as the ``Department'') all right,
title, and interest of the United States in and to a parcel
[[Page 126 STAT. 2159]]
of unimproved real property consisting of approximately five acres of
the Local Training Area for the Browning Army Reserve Center, Utah, for
the purpose of constructing and operating a Community Based Outpatient
Clinic adjacent to the George E. Wahlen Veterans Home in Ogden, Utah.
(b) Payment of Costs of Conveyance.--
(1) Payment required.--The Secretary may require the
Department to cover costs to be incurred by the Secretary, or to
reimburse the Secretary for costs incurred by the Secretary, to
carry out the conveyance under subsection (a), including survey
costs, costs related to environmental documentation, and other
administrative costs related to the conveyance. If amounts paid
to the Secretary in advance exceed the costs actually incurred
by the Secretary to carry out the conveyance, the Secretary
shall refund the excess amount to the Department.
(2) Treatment of amounts received.--Amounts received as
reimbursement under paragraph (1) shall be credited to the fund
or account that was used to cover the costs incurred by the
Department. Amounts so credited shall be merged with amounts in
such fund or account, and shall be available for the same
purposes, and subject to the same conditions and limitations, as
amounts in such fund or account.
(c) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under subsection (a)
shall be determined by a survey satisfactory to the Secretary.
(d) Additional Terms and Conditions.--The Secretary may require such
additional terms and conditions in connection with the conveyance under
subsection (a) as the Secretary considers appropriate to protect the
interests of the United States.
Subtitle F--Other Matters
SEC. 2851. MODIFICATION OF NOTICE REQUIREMENTS IN ADVANCE OF
PERMANENT REDUCTION OF SIZABLE NUMBERS
OF MEMBERS OF THE ARMED FORCES AT
MILITARY INSTALLATIONS.
(a) Calculation of Number of Affected Members.--Subsection (a) of
section 993 of title 10, United States Code, is amended by adding at the
end the following new sentence: ``In calculating the number of members
to be reduced, the Secretary shall take into consideration both direct
reductions and indirect reductions.''.
(b) Notice Requirements.--Subsection (b) of such section is amended
by striking paragraphs (1) through (3) and inserting the following new
paragraphs:
``(1) the Secretary of Defense or the Secretary of the
military department concerned--
``(A) submits to Congress a notice of the proposed
reduction and the number of military and civilian
personnel assignments affected, including reductions in
base operations support services and personnel to occur
because of the proposed reduction; and
``(B) includes in the notice a justification for the
reduction and an evaluation of the costs and benefits of
the reduction and of the local economic, strategic, and
operational consequences of the reduction; and
[[Page 126 STAT. 2160]]
``(2) <<NOTE: Time period.>> a period of 90 days expires
following the day on which the notice is submitted to
Congress.''.
(c) Definitions.--Such section is further amended by adding at the
end the following new subsection:
``(d) Definitions.--In this section:
``(1) The term `indirect reduction' means subsequent planned
reductions or relocations in base operations support services
and personnel able to occur due to the direct reductions.
``(2) The term `military installation' means a base, camp,
post, station, yard, center, homeport facility for any ship, or
other activity under the jurisdiction of the Department of
Defense, including any leased facility, which is located within
any of the several States, the District of Columbia, the
Commonwealth of Puerto Rico, American Samoa, the Virgin Islands,
the Commonwealth of the Northern Mariana Islands, or Guam. Such
term does not include any facility used primarily for civil
works, rivers and harbors projects, or flood control
projects.''.
SEC. 2852. ACCEPTANCE OF GIFTS AND SERVICES TO SUPPORT MILITARY
MUSEUM PROGRAMS AND USE OF COOPERATIVE
AGREEMENTS WITH NONPROFIT ENTITIES FOR
MILITARY MUSEUM AND MILITARY EDUCATIONAL
INSTITUTION PROGRAMS.
(a) Acceptance of Gifts and Services.--
(1) In general.--Subsection (a) of section 2601 of title 10,
United States Code, is amended--
(A) by striking ``Subject to subsection (d)(2),
the'' and inserting ``(1) The''; and
(B) by adding at the end the following new
paragraph:
``(2)(A) Notwithstanding section 1342 of title 31, the Secretary
concerned may accept a gift of services for a military museum program
from a nonprofit entity established for the purpose of supporting a
military museum program. Employees or personnel of a nonprofit entity
who provide a gift of services under this subparagraph may not be
considered to be employees of the United States.
``(B) For the use and benefit of a military museum program, the
Secretary concerned may solicit from a bona fide collector a gift of
books, manuscripts, works of art, historical artifacts, drawings, plans,
models, or condemned or obsolete combat materiel.''.
(2) Conforming amendments.--Such section is further
amended--
(A) in subsection (b)(1), by striking ``Subject to
subsection (d)(2), the'' and inserting ``The'';
(B) in subsection (d)--
(i) in paragraph (1), by striking ``subsection
(b)'' and inserting ``such subsections''; and
(ii) in paragraph (2), by striking ``and money
may not be accepted under subsection (a) and
property, money, and services may not be accepted
under subsection'' and inserting ``, money, and
services may not be accepted under subsection (a)
or''; and
(C) in subsection (f), by striking ``or money
accepted under subsection (a) and any property, money,
or services
[[Page 126 STAT. 2161]]
accepted under subsection'' and inserting ``, money, or
services accepted under subsection (a) or''.
(b) Authority for Cooperative Agreements.--
(1) In general.--Chapter 155 of such title is amended by
adding at the end the following new section:
``Sec. 2615. Military museums and military education programs:
cooperative agreement authority
``(a) Use Authorized.--The Secretary concerned may enter into a
cooperative agreement with a nonprofit entity for purposes related to--
``(1) a military museum program; or
``(2) the support of a military educational institution
program.
``(b) Cooperative Agreement Described.--For purposes of subsection
(a), an authorized cooperative agreement is described in section 6305 of
title 31, except that the use of a cooperative agreement by the
Secretary concerned is limited to nonprofit entities.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``2615. Military museums and military education programs: cooperative
agreement authority.''.
SEC. 2853. ADDITIONAL EXEMPTIONS FROM CERTAIN REQUIREMENTS
APPLICABLE TO FUNDING FOR DATA SERVERS
AND CENTERS.
Section 2867(c) of the Military Construction Authorization Act for
Fiscal Year 2012 (division B of Public Law 112-81; 125 Stat. 1706; 10
U.S.C. 2223a note) is amended--
(1) by striking ``Exception.--The Chief'' and inserting the
following: ``Exceptions.--
``(1) Intelligence components.--The Chief''; and
(2) by inserting at the end the following new paragraph:
``(2) Research, development, test, and evaluation
programs.--The Chief Information Officer of the Department may
exempt from the applicability of this section research,
development, test, and evaluation programs that use
authorization of appropriations for the High Performance
Computing Modernization Program (Program Element 0603461A) if
the Chief Information Officer determines that the exemption is
in the best interest of national security.''.
SEC. 2854. REDESIGNATION OF THE CENTER FOR HEMISPHERIC DEFENSE
STUDIES AS THE WILLIAM J. PERRY CENTER
FOR HEMISPHERIC DEFENSE STUDIES.
(a) <<NOTE: 10 USC 184 note.>> Redesignation.--The Department of
Defense regional center for security studies known as the Center for
Hemispheric Defense Studies is hereby renamed the ``William J. Perry
Center for Hemispheric Defense Studies''.
(b) Conforming Amendments.--
(1) Reference to regional centers for strategic studies.--
Section 184 of title 10, United States Code, is amended--
[[Page 126 STAT. 2162]]
(A) in subsection (b)(2)(C), by striking ``The
Center for Hemispheric Defense Studies'' and inserting
``The William J. Perry Center for Hemispheric Defense
Studies''; and
(B) in subsection (f)(5), by striking ``the Center
for Hemispheric Defense Studies'' and inserting ``the
William J. Perry Center for Hemispheric Defense
Studies''.
(2) Acceptance of gifts and donations.--Section
2611(a)(2)(C) of such title is amended by striking ``Center for
Hemispheric Defense Studies.'' and inserting ``William J. Perry
Center for Hemispheric Defense Studies.''.
(c) <<NOTE: 10 USC 184 note.>> References.--Any reference to the
Department of Defense Center for Hemispheric Defense Studies in any law,
regulation, map, document, record, or other paper of the United States
shall be deemed to be a reference to the William J. Perry Center for
Hemispheric Defense Studies.
SEC. 2855. SENSE OF CONGRESS REGARDING ESTABLISHMENT OF MILITARY
DIVERS MEMORIAL AT WASHINGTON NAVY YARD.
It is the sense of Congress that the Secretary of the Navy should
provide an appropriate site at the former Navy Dive School at the
Washington Navy Yard for a memorial to honor the members of the Armed
Forces who have served as divers and whose service in defense of the
United States has been carried out beneath the waters of the world,
subject to the conditions that--
(1) the memorial be paid for with private funds; and
(2) the Secretary of the Navy retain exclusive authority to
approve the design and site of the memorial.
SEC. 2856. LIMITATION ON AVAILABILITY OF FUNDS PENDING REPORT
REGARDING ACQUISITION OF LAND AND
DEVELOPMENT OF A TRAINING RANGE FACILITY
ADJACENT TO THE MARINE CORPS AIR GROUND
COMBAT CENTER TWENTYNINE PALMS,
CALIFORNIA.
(a) Findings.--Congress makes the following findings:
(1) The Marine Corps has studied the feasibility of
acquiring land and developing a training range facility to
conduct Marine Expeditionary Brigade level live-fire training on
or near the West Coast.
(2) The Bureau of Land Management estimates on national
economic impact show $261,500,000 in commerce at risk.
(3) Economic impact on the local community is estimated to
be $71,100,000.
(b) Limitation of Funds Pending Report.--
(1) In general.--The Secretary of the Navy may not obligate
or expend funds for the transfer of land or development of a new
training range on land adjacent to the Marine Corps Air Ground
Combat Center Twentynine Palms, California, until the Secretary
of the Navy has provided the congressional defense committees a
report on the Marine Corps' efforts with respect to the proposed
training range.
(2) Elements of report.--The report required under paragraph
(1) shall be submitted not later than 90 days after the date of
the enactment of this Act and shall include the following:
[[Page 126 STAT. 2163]]
(A) A description of the actual training
requirements for the proposed range and where those
training requirements are currently being met to support
combat deployments.
(B) Identification of the impact on off-road vehicle
recreational users of the land, the economic impact on
the local economy, the recreation industry, and any
other stakeholders.
(C) Identification of any concerns discussed with
the Bureau of Land Management regarding their
assessments of the impact on other users.
(D) Identification of the impact on the State of
California's 1980 Desert Conservation Plan regarding
allocation of the Off Highway Vehicle Recreation Areas.
(E) An evaluation of the potential to use the same
land without transfer, but under specific permits for
use provided by the Bureau of Land Management (as such
permits are used at other locations from the Forest
Service and Bureau of Land Management).
(F) An evaluation of any potential impacts on other
Bureau of Land Management lands proximate to Marine
Corps Air Ground Combat Center Twentynine Palms or other
locations in the geographic region.
(3) Secretary of defense waiver.--In the event of urgent
national need, the Secretary of Defense may notify the
congressional defense committees and waive the requirement for
the report required under paragraph (1).
SEC. 2857. OVERSIGHT AND MAINTENANCE OF CLOSED BASE CEMETERIES
OVERSEAS CONTAINING THE REMAINS OF
MEMBERS OF THE ARMED FORCES OR CITIZENS
OF THE UNITED STATES.
(a) <<NOTE: Deadline. Reports.>> Oversight and Maintenance Plan
Required.--Not later than 30 days after the closure of a United States
military installation located outside of the United States that includes
a cemetery containing the remains of members of the Armed Forces or
citizens of the United States, the Secretary of Defense shall submit to
the Committees on Armed Services of the Senate and the House of
Representatives a report containing a plan to ensure the oversight and
continued operation and maintenance of the cemetery.
(b) Plan Elements.--The plan for a military installation cemetery
outside of the United States required by subsection (a) shall--
(1) specify the Federal agency or private entity that will
assume responsibility for the operation and maintenance of the
cemetery following the closure of the installation; and
(2) describe the information with regard to the cemetery
that has been provided to the responsible agency or private
entity.
SEC. 2858. REPORT ON ESTABLISHMENT OF JOINT ARMED FORCES
HISTORICAL STORAGE AND PRESERVATION
FACILITY.
Not later than 180 days after the date of the enactment of this Act,
the Secretary of Defense shall submit to the congressional defense
committees a report setting forth an assessment of the feasability and
advisability of establishing a joint Armed Forces historical storage and
preservation facility. The report shall include a description and
assessment of the current capacities and qualities
[[Page 126 STAT. 2164]]
of the historical storage and preservation installations of each of the
Armed Forces, including the following:
(1) An identification of any excess capacity at any such
installation.
(2) An identification of any shortfalls in the capacity or
quality of such installations of any Armed Force, and a
description of possible actions to address such shortfalls.
SEC. 2859. <<NOTE: 40 USC 8903 note.>> ESTABLISHMENT OF
COMMEMORATIVE WORK TO GOLD STAR MOTHERS.
(a) Eligible Federal Land.--In this section, the term ``eligible
Federal land'' means Federal land depicted as ``Area I'' or ``Area II''
on the map numbered 869/86501 B and dated June 24, 2003. The term does
not include the Reserve (as defined in section 8902(a) of title 40,
United States Code).
(b) Commemorative Work Authorized.--The Gold Star Mothers National
Monument Foundation may establish a commemorative work on eligible
Federal land to commemorate the sacrifices made by mothers, and made by
their sons and daughters who as members of the Armed Forces make the
ultimate sacrifice, in defense of the United States.
(c) Compliance With Standards for Commemorative Works.--Chapter 89
of <<NOTE: Applicability.>> title 40, United States Code, and other
applicable Federal laws and regulations shall apply to the establishment
of the commemorative work authorized by this section.
(d) Prohibition on Use of Federal Funds.--The Gold Star Mothers
National Monument Foundation may not use Federal funds to establish the
commemorative work authorized by this section.
(e) Deposit of Excess Funds.--
(1) Upon establishment of commemorative work.--If, upon
payment of all expenses for the establishment of the
commemorative work authorized by this section (including the
maintenance and preservation amounts required by section
8906(b)(1) of title 40, United States Code), there remains a
balance of funds received for the establishment of the
commemorative work, the Gold Star Mothers National Monument
Foundation shall transmit the amount of the balance to the
account provided for in section 8906(b)(3) of such title.
(2) Upon expiration of authority to establish commemorative
work.--If, upon expiration of the authority for the
commemorative work under section 8903(e) of title 40, United
Sates Code, there remains a balance of funds received for the
establishment of the commemorative work, the Gold Star Mothers
National Monument Foundation shall transmit the amount of the
balance to a separate account with the National Park Foundation
for memorials, to be available to the Secretary of the Interior
or Administrator of General Services (as appropriate) following
the process provided in section 8906(b)(4) of such title for
accounts established under section 8906(b)(3) of such title.
SEC. 2860. <<NOTE: 40 USC 8903 note.>> ESTABLISHMENT OF
COMMEMORATIVE WORK TO SLAVES AND FREE
BLACK PERSONS WHO SERVED IN AMERICAN
REVOLUTION.
(a) Eligible Federal Land.--In this section, the term ``eligible
Federal land'' means Federal land depicted as ``Area I'' or ``Area II''
on the map numbered 869/86501 B and dated June 24, 2003.
[[Page 126 STAT. 2165]]
The term does not include the Reserve (as defined in section 8902(a) of
title 40, United States Code).
(b) Commemorative Work Authorized.--The National Mall Liberty Fund
D.C. may establish a memorial on eligible Federal land to honor the more
than 5,000 courageous slaves and free Black persons who served as
soldiers and sailors or provided civilian assistance during the American
Revolution.
(c) Compliance With Standards for Commemorative Works.--Chapter 89
of <<NOTE: Applicability.>> title 40, United States Code, and other
applicable Federal laws and regulations shall apply to the establishment
of the commemorative work authorized by this section.
(d) Prohibition on Use of Federal Funds.--The National Mall Liberty
Fund D.C. may not use Federal funds to establish the commemorative work
authorized by this section.
(e) Deposit of Excess Funds.--
(1) Upon establishment of commemorative work.--If, upon
payment of all expenses for the establishment of the
commemorative work authorized by this section (including the
maintenance and preservation amounts required by section
8906(b)(1) of title 40, United States Code), there remains a
balance of funds received for the establishment of the
commemorative work, the National Mall Liberty Fund D.C. shall
transmit the amount of the balance to the account provided for
in section 8906(b)(3) of such title.
(2) Upon expiration of authority to establish commemorative
work.--If, upon expiration of the authority for the
commemorative work under section 8903(e) of title 40, United
Sates Code, there remains a balance of funds received for the
establishment of the commemorative work, the National Mall
Liberty Fund D.C. shall transmit the amount of the balance to a
separate account with the National Park Foundation for
memorials, to be available to the Secretary of the Interior or
Administrator of General Services (as appropriate) following the
process provided in section 8906(b)(4) of such title for
accounts established under section 8906(b)(3) of such title.
(f) Repeal of Joint Resolutions.--Public Law 99-558 (110 Stat. 3144;
40 U.S.C. 8903 note) and Public Law 100-265 (102 Stat. 39; 40 U.S.C.
8903 note) are repealed.
TITLE XXIX--OVERSEAS CONTINGENCY OPERATIONS MILITARY CONSTRUCTION
Sec. 2901. Authorized Navy construction and land acquisition project.
SEC. 2901. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISITION
PROJECT.
(a) Outside the United States.--The Secretary of the Navy may
acquire real property and carry out the military construction project
for the installation outside the United States, and in the amount, set
forth in the following table:
[[Page 126 STAT. 2166]]
Navy: Outside the United States
----------------------------------------------------------------------------------------------------------------
Country Installation Amount
----------------------------------------------------------------------------------------------------------------
Djibouti....................................... Camp Lemonier.................................. $99,420,000
----------------------------------------------------------------------------------------------------------------
(b) Authorization of Appropriations.--Funds are hereby authorized to
be appropriated for fiscal years beginning after September 30, 2012, for
the military construction project outside the United States authorized
by subsection (a) as specified in the funding table in section 4602.
DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND
OTHER AUTHORIZATIONS
TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Subtitle A--National Security Programs Authorizations
Sec. 3101. National Nuclear Security Administration.
Sec. 3102. Defense environmental cleanup.
Sec. 3103. Other defense activities.
Subtitle B--Program Authorizations, Restrictions, and Limitations
Sec. 3111. Authorized personnel levels of the Office of the
Administrator.
Sec. 3112. Budget justification materials.
Sec. 3113. National Nuclear Security Administration Council.
Sec. 3114. Replacement project for Chemistry and Metallurgy Research
Building, Los Alamos National Laboratory, New Mexico.
Sec. 3115. Design and use of prototypes of nuclear weapons.
Sec. 3116. Two-year extension of schedule for disposition of weapons-
usable plutonium at Savannah River Site, Aiken, South
Carolina.
Sec. 3117. Transparency in contractor performance evaluations by the
National Nuclear Security Administration leading to award
fees.
Sec. 3118. Modification and extension of authority on acceptance of
contributions for acceleration of removal or security of
fissile materials, radiological materials, and related
equipment at vulnerable sites worldwide.
Sec. 3119. Limitation on availability of funds for Center of Excellence
on Nuclear Security.
Sec. 3120. Improvement and streamlining of the missions and operations
of the Department of Energy and National Nuclear Security
Administration.
Sec. 3121. Cost-benefit analyses for competition of management and
operating contracts.
Sec. 3122. Program on scientific engagement for nonproliferation.
Sec. 3123. Cost containment for Uranium Capabilities Replacement
Project.
Subtitle C--Improvements to National Security Energy Laws
Sec. 3131. Improvements to the Atomic Energy Defense Act.
Sec. 3132. Improvements to the National Nuclear Security Administration
Act.
Sec. 3133. Consolidated reporting requirements relating to nuclear
stockpile stewardship, management, and infrastructure.
Sec. 3134. Repeal of certain reporting requirements.
Subtitle D--Reports
Sec. 3141. Reports on lifetime extension programs.
Sec. 3142. Notification of nuclear criticality and non-nuclear
incidents.
Sec. 3143. Quarterly reports to Congress on financial balances for
atomic energy defense activities.
Sec. 3144. National Academy of Sciences study on peer review and design
competition related to nuclear weapons.
Sec. 3145. Report on defense nuclear nonproliferation programs.
[[Page 126 STAT. 2167]]
Sec. 3146. Study on reuse of plutonium pits.
Sec. 3147. Assessment of nuclear weapon pit production requirement.
Sec. 3148. Study on a multiagency governance model for national security
laboratories.
Sec. 3149. Report on efficiencies in facilities and functions of the
National Nuclear Security Administration.
Sec. 3150. Study on regional radiological security zones.
Sec. 3151. Report on abandoned uranium mines.
Subtitle E--Other Matters
Sec. 3161. Use of probabilistic risk assessment to ensure nuclear
safety.
Sec. 3162. Submittal to Congress of selected acquisition reports and
independent cost estimates on life extension programs and new
nuclear facilities.
Sec. 3163. Classification of certain restricted data.
Sec. 3164. Advice to President and Congress regarding safety, security,
and reliability of United States nuclear weapons stockpile
and nuclear forces.
Sec. 3165. Pilot program on technology commercialization.
Sec. 3166. Congressional advisory panel on the governance of the nuclear
security enterprise.
Subtitle F--American Medical Isotopes Production
Sec. 3171. Short title.
Sec. 3172. Definitions.
Sec. 3173. Improving the reliability of domestic medical isotope supply.
Sec. 3174. Exports.
Sec. 3175. Report on disposition of exports.
Sec. 3176. Domestic medical isotope production.
Sec. 3177. Annual Department reports.
Sec. 3178. National Academy of Sciences report.
Subtitle A--National Security Programs Authorizations
SEC. 3101. NATIONAL NUCLEAR SECURITY ADMINISTRATION.
(a) Authorization of Appropriations.--Funds are hereby authorized to
be appropriated to the Department of Energy for fiscal year 2013 for the
activities of the National Nuclear Security Administration in carrying
out programs as specified in the funding table in section 4701.
(b) Authorization of New Plant Projects.--From funds referred to in
subsection (a) that are available for carrying out plant projects, the
Secretary of Energy may carry out new plant projects for the National
Nuclear Security Administration as follows:
Project 13-D-301, Electrical Infrastructure
Upgrades, Lawrence Livermore National Laboratory,
Livermore, California, and Los Alamos National
Laboratory, Los Alamos, New Mexico, $23,000,000.
Project 13-D-903, Kesselring Site Prototype Staff
Building, Kesselring Site, West Milton, New York,
$14,000,000.
Project 13-D-904, Kesselring Site Radiological Work
and Storage Building, Kesselring Site, West Milton, New
York, $2,000,000.
Project 13-D-905, Remote-Handled Low-Level Waste
Disposal Project, Idaho National Laboratory, $8,890,000.
SEC. 3102. DEFENSE ENVIRONMENTAL CLEANUP.
Funds are hereby authorized to be appropriated to the Department of
Energy for fiscal year 2013 for defense environmental cleanup activities
in carrying out programs as specified in the funding table in section
4701.
[[Page 126 STAT. 2168]]
SEC. 3103. OTHER DEFENSE ACTIVITIES.
Funds are hereby authorized to be appropriated to the Department of
Energy for fiscal year 2013 for other defense activities in carrying out
programs as specified in the funding table in section 4701.
Subtitle B--Program Authorizations, Restrictions, and Limitations
SEC. 3111. AUTHORIZED PERSONNEL LEVELS OF THE OFFICE OF THE
ADMINISTRATOR.
(a) Cap on Full-time Equivalent Positions.--
(1) In general.--Subtitle C of the National Nuclear Security
Administration Act (50 U.S.C. 2441 et seq.) is amended by
inserting after section 3241 the following new section:
``SEC. 3241A. <<NOTE: 50 USC 2441a.>> AUTHORIZED PERSONNEL LEVELS
OF THE OFFICE OF THE ADMINISTRATOR.
``(a) Full-time Equivalent Personnel Levels.--
``(1) <<NOTE: Deadline.>> Total number.--By October 1,
2014, the total number of employees of the Office of the
Administrator may not exceed 1,825.
``(2) <<NOTE: Reports.>> Excess.--For fiscal year 2015 and
each fiscal year thereafter, the Administrator may not exceed
the total number of employees authorized under paragraph (1)
unless, during each fiscal year in which such total number
exceeds 1,825, the Administrator submits to the congressional
defense committees a report justifying such excess.
``(b) <<NOTE: Determination.>> Counting Rule.--(1) A determination
of the number of employees in the Office of the Administrator under
subsection (a) shall be expressed on a full-time equivalent basis.
``(2) Except as provided by paragraph (3), in determining the total
number of employees in the Office of the Administrator under subsection
(a), the Administrator shall count each employee of the Office without
regard to whether the employee is located at the headquarters of the
Administration, a site office of the Administration, a service or
support center of the Administration, or any other location.
``(3) The following employees may not be counted for purposes of
determining the total number of employees in the Office of the
Administrator under subsection (a):
``(A) Employees of the Office of Naval Reactors.
``(B) Employees of the Office of Secure Transportation.
``(C) Members of the Armed Forces detailed to the
Administration.
``(D) Personnel supporting the Office of the Administrator
pursuant to the mobility program under subchapter VI of chapter
33 of title 5, United States Code (commonly referred to as the
`Intergovernmental Personnel Act Mobility Program').
``(c) Voluntary Early Retirement.--In accordance with section 3523
of title 5, United States Code, the Administrator may offer voluntary
separation or retirement incentives to meet the total number of
employees authorized under subsection (a).
``(d) Use of IPA.--The Administrator shall ensure that the expertise
of the national security laboratories and the nuclear
[[Page 126 STAT. 2169]]
weapons production facilities is made available to the Administration,
the Department of Energy, the Department of Defense, other Federal
agencies, and Congress through the temporary assignment of personnel
from such laboratories and facilities pursuant to the Intergovernmental
Personnel Act Mobility Program and other similar programs.''.
(2) Clerical amendment.--The table of contents at the
beginning of such Act is amended by inserting after the item
relating to section 3241 the following new item:
``Sec. 3241A. Authorized personnel levels of the Office of the
Administrator.''.
(b) Increase in Excepted Positions.--
(1) In general.--Section 3241 of the National Nuclear
Security Administration Act (50 U.S.C. 2441) is amended--
(A) by striking ``300'' and inserting ``600'';
(B) by inserting ``contracting, program
management,'' before ``scientific''; and
(C) by adding at the end the following new sentence:
``To <<NOTE: Appointment.>> ensure that the excepted
positions established under this section are used, the
Administrator, to the extent practicable, shall appoint
an individual to such an excepted position to replace
the vacancy of a nonexcepted position.''.
(2) Conforming amendment.--The heading of such section is
amended by inserting ``contracting, program management,'' before
``scientific''.
(3) Clerical amendment.--The table of contents at the
beginning of such Act is amended by striking the item relating
to section 3241 and inserting the following new item:
``Sec. 3241. Authority to establish certain contracting, program
management, scientific, engineering, and technical
positions.''.
SEC. 3112. BUDGET JUSTIFICATION MATERIALS.
Section 3251(b) of the National Nuclear Security Administration Act
(50 U.S.C. 2451(b)) is amended--
(1) by striking ``In the'' and inserting ``(1) In the''; and
(2) by adding at the end the following new paragraph:
``(2) <<NOTE: Assessment.>> In the budget justification materials
submitted to Congress in support of each such budget, the Administrator
shall include an assessment of how the budget maintains the core nuclear
weapons skills of the Administration, including nuclear weapons design,
engineering, production, testing, and prediction of stockpile aging.''.
SEC. 3113. NATIONAL NUCLEAR SECURITY ADMINISTRATION COUNCIL.
(a) NNSA Council.--Section 4102 of the Atomic Energy Defense Act (50
U.S.C. 2512) is amended to read as follows:
``SEC. 4102. MANAGEMENT STRUCTURE FOR NUCLEAR SECURITY ENTERPRISE.
``(a) In General.--The Administrator shall establish a management
structure for the nuclear security enterprise in accordance with the
National Nuclear Security Administration Act (50 U.S.C. 2401 et seq.).
``(b) National Nuclear Security Administration Council.--(1)
The <<NOTE: Establishment.>> Administrator shall establish a council to
be known as the `National Nuclear Security Administration Council'. The
Council may advise the Administrator on--
[[Page 126 STAT. 2170]]
``(A) scientific and technical issues relating to policy
matters;
``(B) operational concerns;
``(C) strategic planning;
``(D) the development of priorities relating to the mission
and operations of the Administration and the nuclear security
enterprise; and
``(E) such other matters as the Administrator determines
appropriate.
``(2) The Council shall be composed of the directors of the national
security laboratories and the nuclear weapons production facilities.
``(3) The Council may provide the Administrator or the Secretary of
Energy recommendations for improving the--
``(A) governance, management, effectiveness, and efficiency
of the Administration; and
``(B) any other matter in accordance with paragraph (1).
``(4) <<NOTE: Deadline.>> Not later than 60 days after the date on
which any recommendation under paragraph (3) is received, the
Administrator or the Secretary, as the case may be, shall respond to the
Council with respect to whether such recommendation will be implemented
and the reasoning for implementing or not implementing such
recommendation.''.
(b) Clerical Amendment.--The table of contents at the beginning of
such Act is amended by striking the item relating to section 4102 and
inserting the following new item:
``Sec. 4102. Management structure for nuclear security enterprise.''.
SEC. 3114. REPLACEMENT PROJECT FOR CHEMISTRY AND METALLURGY
RESEARCH BUILDING, LOS ALAMOS NATIONAL
LABORATORY, NEW MEXICO.
(a) Project Required.--
(1) In general.--Subtitle A of title XLII of the Atomic
Energy Defense Act (50 U.S.C. 2521 et seq.) is amended by adding
at the end the following new section:
``SEC. 4215. <<NOTE: 50 USC 2535.>> REPLACEMENT PROJECT FOR
CHEMISTRY AND METALLURGY RESEARCH
BUILDING, LOS ALAMOS NATIONAL
LABORATORY, NEW MEXICO.
``(a) Replacement Building Required.--The Secretary of Energy shall
construct at Los Alamos National Laboratory, New Mexico, a building to
replace the functions of the existing Chemistry and Metallurgy Research
Building at Los Alamos National Laboratory associated with Department of
Energy Hazard Category 2 special nuclear material operations.
``(b) Limitation on Cost.--The cost of the building constructed
under subsection (a) may not exceed
$3,700,000,000. <<NOTE: Determination.>> If the Secretary determines the
cost will exceed such amount, the Secretary shall submit a detailed
justification for such increase to the congressional defense committees.
``(c) Project Basis.--The construction authorized by subsection (a)
shall use as its basis the facility project in the Department of Energy
Readiness and Technical Base designated 04-D-125 (chemistry and
metallurgy facility replacement project at Los Alamos National
Laboratory).
``(d) <<NOTE: Contracts.>> Assistance.--(1) In carrying out this
section, the Secretary shall procure the services of the Commander of
the Naval Facilities
[[Page 126 STAT. 2171]]
Engineering Command to assist the Secretary with respect to the program
management, oversight, and design activities of the project authorized
by subsection (a).
``(2) The Secretary shall carry out this subsection using funds made
available for the National Nuclear Security Administration.
``(e) Deadline for Commencement of Operations.--The building
constructed under subsection (a) shall commence operations by not later
than December 31, 2026.''.
(2) Clerical and technical amendment.--The table of contents
at the beginning of such Act is amended by inserting after the
item relating to section 4214, as added by section 3131(g)(2),
the following new item:
``Sec. 4215. Replacement project for Chemistry and Metallurgy Research
Building, Los Alamos National Laboratory, New Mexico.''.
(b) Funding.--
(1) Fiscal year 2013 funds.--
(A) In general.--Except as provided in subparagraph
(B), of the amounts authorized to be appropriated by
this Act for fiscal year 2013 for the National Nuclear
Security Administration, $70,000,000 shall be available
for the construction of the building authorized by
section 4215 of the Atomic Energy Defense Act, as added
by subsection (a).
(B) Exception.--The following amounts authorized to
be appropriated by this Act for fiscal year 2013 for the
National Nuclear Security Administration shall not be
available for the construction of the building:
(i) Amounts available for Directed Stockpile
Work.
(ii) Amounts available for Naval Reactors.
(iii) Amounts available for the facility
project in the Department of Energy Readiness and
Technical Base designated 06-D-141.
(2) Prior fiscal year funds.--Amounts authorized to be
appropriated for the Department of Energy for a fiscal year
before fiscal year 2013 and available for the facility project
in the Department of Energy Readiness and Technical Base
designated 04-D-125 (chemistry and metallurgy facility
replacement project at Los Alamos National Laboratory, New
Mexico) shall be available for the construction of the building
authorized by section 4215 of the Atomic Energy Defense Act, as
added by subsection (a).
(c) <<NOTE: Deadline. 50 USC 2535 note.>> Limitation on Alternative
Plutonium Strategy.--No funds authorized to be appropriated by this Act
or any other Act may be obligated or expended on any activities
associated with a plutonium strategy for the National Nuclear Security
Administration that does not include achieving full operational
capability of the replacement project by December 31, 2026, as required
by section 4215(e) of the Atomic Energy Defense Act, as added by
subsection (a).
(d) <<NOTE: 50 USC 2535 note.>> Naval Reactor Study.--
(1) In general.--The Deputy Administrator for Naval Reactors
shall conduct a study of the replacement project, including an
analysis of the cost, benefits, and risks with respect to
nuclear safety.
(2) <<NOTE: Deadline. Reports. Recommenda- tions.>>
Submission.--Not later than 18 months after the date of the
enactment of this Act, the Deputy Administrator shall
[[Page 126 STAT. 2172]]
submit to the congressional defense committees a report on the
study under paragraph (1), including recommendations of the
Deputy Administrator with respect to the project structure,
oversight model, and potential cost savings of the replacement
project.
(3) Consideration of recommendations.--In carrying out the
replacement project, the Secretary of Energy shall consider the
recommendations made by the Deputy Administrator in the report
under paragraph (2) and incorporate such recommendations into
the project as the Secretary considers appropriate.
(4) Funding.--The Secretary of Energy and the Deputy
Administrator shall carry out this subsection using funds
authorized to be appropriated by this Act or otherwise made
available for the National Nuclear Security Administration that
are not made available for the Naval Nuclear Propulsion Program.
(e) <<NOTE: 50 USC 2535 note.>> Replacement Project Defined.--In
this section, the term ``replacement project'' means the replacement
project for the Chemistry and Metallurgy Research Building authorized by
section 4215 of the Atomic Energy Defense Act, as added by subsection
(a).
SEC. 3115. DESIGN AND USE OF PROTOTYPES OF NUCLEAR WEAPONS.
(a) Prototypes.--Subtitle A of title XLV of the Atomic Energy
Defense Act (50 U.S.C. 2651 et seq.) is amended by adding at the end the
following new section:
``SEC. 4509. <<NOTE: 50 USC 2660.>> DESIGN AND USE OF PROTOTYPES
OF NUCLEAR WEAPONS FOR INTELLIGENCE
PURPOSES.
``(a) <<NOTE: Plans.>> Prototypes.--The Administrator shall develop
and carry out a plan for the national security laboratories and nuclear
weapons production facilities to design and build prototypes of nuclear
weapons to further intelligence estimates with respect to foreign
nuclear weapons activities.
``(b) Prohibition on Production of Nuclear Yields.--In carrying out
subsection (a), the Administrator may not conduct any experiments that
produce a nuclear yield.''.
(b) Clerical Amendment.--The table of contents at the beginning of
such Act is amended by inserting after the item relating to section 4508
the following new item:
``Sec. 4509. Design and use of prototypes of nuclear weapons for
intelligence purposes.''.
SEC. 3116. TWO-YEAR EXTENSION OF SCHEDULE FOR DISPOSITION OF
WEAPONS-USABLE PLUTONIUM AT SAVANNAH
RIVER SITE, AIKEN, SOUTH CAROLINA.
Section 4306 of the Atomic Energy Defense Act (50 U.S.C. 2566) is
amended--
(1) in subsection (a)(3)--
(A) in subparagraph (C), by striking ``2012'' and
inserting ``2014''; and
(B) in subparagraph (D), by striking ``2017'' and
inserting ``2019'';
(2) in subsection (b)--
(A) in paragraph (1), by striking ``by January 1,
2012''; and
(B) in paragraph (5), by striking ``2012'' and
inserting ``2014'';
[[Page 126 STAT. 2173]]
(3) in subsection (c)--
(A) in the matter preceding paragraph (1), by
striking ``2012'' and inserting ``2014'';
(B) in paragraph (1), by striking ``2014'' and
inserting ``2016''; and
(C) in paragraph (2), by striking ``2020'' each
place it appears and inserting ``2022'';
(4) in subsection (d)--
(A) in paragraph (1)--
(i) by striking ``2014'' and inserting
``2016''; and
(ii) by striking ``2019'' and inserting
``2021''; and
(B) in paragraph (2)(A), by striking ``2020'' each
place it appears and inserting ``2022''; and
(5) in subsection (e), by striking ``2023'' and inserting
``2025''.
SEC. 3117. TRANSPARENCY IN CONTRACTOR PERFORMANCE EVALUATIONS BY
THE NATIONAL NUCLEAR SECURITY
ADMINISTRATION LEADING TO AWARD FEES.
(a) Publication Required.--
(1) In general.--Subtitle A of title XLVIII of the Atomic
Energy Defense Act (50 U.S.C. 2781 et seq.) is amended by adding
at the end the following new section:
``SEC. 4805. <<NOTE: 50 USC 2785.>> PUBLICATION OF CONTRACTOR
PERFORMANCE EVALUATIONS LEADING TO AWARD
FEES.
``(a) <<NOTE: Public information.>> In General.--The Administrator
shall take appropriate actions to make available to the public, to the
maximum extent practicable, contractor performance evaluations conducted
by the Administration of management and operating contractors of the
nuclear security enterprise that results in the award of an award fee to
the contractor concerned.
``(b) Format.--Performance evaluations shall be made public under
this section in a common format that facilitates comparisons of
performance evaluations between and among similar management and
operating contracts.''.
(2) Clerical amendment.--The table of contents at the
beginning of such Act is amended by inserting after the item
relating to section 4803 the following new items:
``Sec. 4804. Notice-and-wait requirement applicable to certain third-
party financing arrangements.
``Sec. 4805. Publication of contractor performance evaluations leading
to award fees.''.
(b) <<NOTE: Applicability. 50 USC 2785 note.>> Effective Date.--The
amendments made by subsection (a) shall take effect on the date of the
enactment of this Act, and shall apply with respect to contractor
performance evaluations conducted by the National Nuclear Security
Administration on or after that date.
SEC. 3118. MODIFICATION AND EXTENSION OF AUTHORITY ON ACCEPTANCE
OF CONTRIBUTIONS FOR ACCELERATION OF
REMOVAL OR SECURITY OF FISSILE
MATERIALS, RADIOLOGICAL MATERIALS, AND
RELATED EQUIPMENT AT VULNERABLE SITES
WORLDWIDE.
(a) Programs for Which Funds May Be Accepted.--Paragraph (2) of
section 3132(f) of the Ronald W. Reagan National Defense Authorization
Act for Fiscal Year 2005 (50 U.S.C. 2569(f)) is amended to read as
follows:
[[Page 126 STAT. 2174]]
``(2) Programs covered.--The programs described in this
paragraph are any programs within the Office of Defense Nuclear
Nonproliferation of the National Nuclear Security
Administration.''.
(b) Extension.--Paragraph (7) of such section is amended by striking
``December 31, 2013'' and inserting ``December 31, 2018''.
SEC. 3119. LIMITATION ON AVAILABILITY OF FUNDS FOR CENTER OF
EXCELLENCE ON NUCLEAR SECURITY.
(a) Limitation.--Of the funds authorized to be appropriated by this
Act or otherwise made available for fiscal year 2013 for the National
Nuclear Security Administration, not more than $7,000,000 may be
obligated or expended for the United States-China Center of Excellence
on Nuclear Security until the date on which the Secretary of Energy
submits to the appropriate congressional committees the report under
subsection (b)(2).
(b) Nuclear Security.--
(1) Review.--The Secretary of Energy, in coordination with
the Secretary of Defense, shall conduct a review of the existing
and planned nonproliferation activities with the People's
Republic of China as of the date of the enactment of this Act to
determine if the engagement is directly or indirectly supporting
the proliferation of nuclear weapons development and technology
to other nations.
(2) Report.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Energy shall submit to
the appropriate congressional committees a report certifying
that the activities reviewed under paragraph (1) are not
contributing to the proliferation of nuclear weapons development
and technology to other nations.
(c) Form.--The report under subsection (b)(2) may be submitted in
unclassified form and may include a classified annex.
(d) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Armed Services and the Committee on
Foreign Affairs of the House of Representatives; and
(2) the Committee on Armed Services and the Committee on
Foreign Relations of the Senate.
SEC. 3120. <<NOTE: 42 USC 7251.>> IMPROVEMENT AND STREAMLINING OF
THE MISSIONS AND OPERATIONS OF THE
DEPARTMENT OF ENERGY AND NATIONAL
NUCLEAR SECURITY ADMINISTRATION.
(a) <<NOTE: Review. Revisions.>> In General.--The Secretary of
Energy and the Administrator for Nuclear Security shall review and, to
the extent practicable, revise the Department of Energy Acquisition
Regulation and other regulations, rules, directives, orders, and
policies that apply to the administration, execution, and oversight of
the missions and operations of the Department of Energy and the National
Nuclear Security Administration to improve and streamline such
administration, execution, and oversight.
(b) <<NOTE: Review.>> Improvement and Streamlining.--In carrying
out subsection (a), the Secretary and the Administrator shall review
and, to the extent practicable, carry out the following actions:
(1) Streamline business processes and structures to reduce
unnecessary, burdensome, or duplicative approvals.
(2) Delegate approval for work for others agreements and
cooperative research and development agreements (except those
[[Page 126 STAT. 2175]]
that the Secretary or Administrator determine are high value or
unique) to the lowest appropriate officials and streamline the
approval processes.
(3) Establish processes for ensuring routine or low-risk
procurement and subcontracting decisions are made at the
discretion of the management and operating contractors while
ensuring that the Secretary or Administrator apply appropriate
oversight.
(4) Assess procurement thresholds as of the date of the
enactment of this Act and take steps as appropriate to adjust
such thresholds.
(5) Eliminate duplicative or low-value reports and data
calls and ensure consistency in management and cost-accounting
data.
(6) Actions to otherwise streamline, clarify, and eliminate
redundancy in the regulations, rules, directives, orders, and
policies described by subsection (a).
(c) Briefing.--
(1) <<NOTE: Deadline.>> In general.--Not later than 180
days after the date of the enactment of this Act, the Secretary
and the Administrator shall provide to the appropriate
congressional committees a briefing on the review conducted
under subsection (a), including the status of such review and
any actions taken or planned to be taken to improve and
streamline the regulations, rules, directives, orders, and
policies described in such subsection.
(2) Appropriate congressional committees defined.--In this
subsection, the term ``appropriate congressional committees''
means--
(A) the congressional defense committees; and
(B) the Committee on Energy and Natural Resources of
the Senate and the Committee on Energy and Commerce of
the House of Representatives.
SEC. 3121. COST-BENEFIT ANALYSES FOR COMPETITION OF MANAGEMENT AND
OPERATING CONTRACTS.
(a) Reports Required.--The Administrator for Nuclear Security shall
submit to the congressional defense committees a report described in
subsection (b) by not later than 30 days after the date on which the
Administrator awards a contract to manage and operate a facility of the
National Nuclear Security Administration.
(b) Report Described.--A report described in this subsection is a
report on a contract described by subsection (a) that includes--
(1) the expected cost savings resulting from the competition
for the contract over the life of the contract;
(2) the costs of the competition for the contract, including
the immediate costs of conducting the competition and any
increased costs over the life of the contract;
(3) a description of--
(A) any disruption or delay in mission activities or
deliverables resulting from the competition for the
contract; and
(B) any benefits of the competition to mission
performance or operations;
[[Page 126 STAT. 2176]]
(4) how the competition for the contract complied with the
Federal Acquisition Regulation regarding federally funded
research and development centers, if applicable; and
(5) any other matters the Administrator considers
appropriate.
(c) <<NOTE: Deadline.>> GAO Review.--Not later than 90 days after
each report is submitted to the congressional defense committees under
subsection (a) or (d)(2), the Comptroller General of the United States
shall submit to such committees a review of such report.
(d) Applicability.--
(1) <<NOTE: Time period.>> In general.--The requirement for
reports under subsection (a) shall apply with respect to a
contract described by such subsection that is awarded by the
Administrator during fiscal years 2013 through 2017.
(2) <<NOTE: Reports. Deadline.>> Fiscal years 2012 and 2013
contracts.--For each contract described by subsection (a) that
is awarded by the Administrator during fiscal years 2012 or 2013
before the date of the enactment of this Act, the Administrator
shall submit to the congressional defense committees a report
described in subsection (b) by not later than 90 days after the
date of such enactment.
SEC. 3122. <<NOTE: 50 USC 2562.>> PROGRAM ON SCIENTIFIC
ENGAGEMENT FOR NONPROLIFERATION.
(a) Program Required.--
(1) Scientific engagement.--The Secretary of Energy, acting
through the Administrator for Nuclear Security, shall carry out
a program on scientific engagement in countries selected by the
Secretary for purposes of the program to advance global
nonproliferation and nuclear security efforts.
(2) Elements.--The program under paragraph (1) shall include
the following elements:
(A) Training and capacity-building to strengthen
nonproliferation and security best practices.
(B) Engagement of scientists of the United States
with foreign counterparts to advance nonproliferation
goals.
(3) Distinct program.--The program required by this
subsection shall be a distinct program from the Global
Initiatives for Proliferation Prevention program.
(b) Limitation.--
(1) Report on commencement of program.--Of the funds
authorized to be appropriated by this Act or otherwise made
available for fiscal year 2013 or any fiscal year thereafter for
the National Nuclear Security Administration, not more than 50
percent may be obligated or expended under the program under
subsection (a) until the date on which the Administrator submits
to the appropriate congressional committees a report setting
forth the following:
(A) For each country selected for the program as of
the date of such report--
(i) a proliferation threat assessment prepared
by the Director of National Intelligence; and
(ii) metrics for evaluating the effectiveness
of the program.
(B) Accounting standards for the conduct of the
program approved by the Comptroller General of the
United States.
[[Page 126 STAT. 2177]]
(2) Form.--The report under paragraph (1) may be submitted
in unclassified form and may include a classified annex.
(c) Reports on Modification of Program.--
(1) In general.--Not later than 15 days before making any
modification in the program under subsection (a) (including
selecting a new country for the program, ceasing the selection
of a country for the program, or modifying an element of the
program), the Administrator shall submit to the appropriate
congressional committees a report on the modification.
(2) New country.--If the modification covered by a report
under paragraph (1) consists of the selection for the program of
a country not previously selected for the program, the report
shall include, for each such country, the matters described in
subsection (b)(1)(A).
(3) Form.--The report under paragraph (1) may be submitted
in unclassified form and may include a classified annex.
(d) Report on Coordination With Other U.S. Nonproliferation
Programs.--Not later than 180 days after the date of the enactment of
this Act, the Administrator shall submit to the appropriate
congressional committees a report describing the manner in which the
program under subsection (a) coordinates with and complements, but does
not duplicate, other nonproliferation programs of the Federal
Government.
(e) Comptroller General Report.--
(1) In general.--Not later than two years after the date of
the enactment of this Act, the Comptroller General of the United
States shall submit to the appropriate congressional committees
a report on the program under subsection (a).
(2) Matters included.--The report under paragraph (1) shall
include the following:
(A) An assessment by the Comptroller General of the
effectiveness of the program, as determined in
accordance with the metrics described in subsection
(b)(1)(A)(ii).
(B) An assessment of how the program coordinates
with, complements, or duplicates other nonproliferation
programs of the Federal Government.
(C) Such other matters on the program as the
Comptroller General considers appropriate.
(f) Termination.--The authority to carry out the program under
subsection (a) shall expire on September 30, 2016.
(g) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means the following:
(1) The congressional defense committees.
(2) The Committee on Foreign Affairs of the House of
Representatives and the Committee on Foreign Relations of the
Senate.
SEC. 3123. COST CONTAINMENT FOR URANIUM CAPABILITIES REPLACEMENT
PROJECT.
(a) Execution Phases for Project.--Project 06-D-141 for the Y-12
Uranium Processing Facility, Y-12 National Security Complex, Oak Ridge,
Tennessee, shall be hereafter known as the ``Uranium Capabilities
Replacement Project''. The project shall be broken into separate
execution phases as follows:
(1) Phase I, which shall consist of--
[[Page 126 STAT. 2178]]
(A) processes and capabilities associated with
building 9212, including uranium casting and uranium
chemical processing; and
(B) the support, administration, and logistics
facilities and the building structure and building-level
utilities needed to carry out Phases II and III.
(2) Phase II, which shall consist of processes and
capabilities associated with buildings 9215 and 9998, including
uranium metal-working, machining, and inspection.
(3) Phase III, which shall consist of processes and
capabilities associated with building 9204-2E, including
radiography, assembly, disassembly, quality evaluation, and
production certification operations of nuclear weapon
secondaries.
(b) Budgeting and Authorization for Each Phase.--
(1) Budgeting for each phase required.--The Secretary of
Energy shall budget separately for each Phase under subsection
(a) of the project referred to in that subsection.
(2) Funding pursuant to separate authorizations of
appropriations.--Except as provided by paragraph (3), the
Secretary may not proceed with a Phase under subsection (a) of
the project referred to in that subsection except with funds
expressly authorized to be appropriated for that Phase by law.
(3) <<NOTE: Notification.>> Unused funding from phase i.--
After Phase I under subsection (a) is completed, the Secretary
may use any unobligated funds made available for such Phase for
Phase II or Phase III if the Secretary notifies the
congressional defense committees before using such funds for
Phase II or Phase III.
(c) Compliance of Phases With DOE Order on Program and Project
Management.--Each Phase under subsection (a) of the project referred to
in that subsection shall comply with Department of Energy Order 413.3,
relating to Program Management and Project Management for the
Acquisition of Capital Assets.
(d) Limitation on Cost of Phase I.--The total cost of Phase I under
subsection (a) of the project referred to in that subsection may not
exceed $4,200,000,000. <<NOTE: Determination.>> If the Administrator
determines the total cost of Phase I will exceed $4,200,000,000, the
Administrator shall submit to the congressional defense committees a
detailed justification for such increase.
(e) Assistance.--
(1) <<NOTE: Contracts.>> NAVFAC.--In carrying out this
section, the Secretary shall procure the services of the
Commander of the Naval Facilities Engineering Command to assist
the Secretary with respect to the program management, oversight,
and design activities of the project referred to in subsection
(a).
(2) Source of funding.--The Secretary shall carry out
paragraph (1) using funds made available for the National
Nuclear Security Administration.
(f) GAO Quarterly Reports.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, and quarterly thereafter until the
date on which the project referred to in subsection (a) is
completed, the Comptroller General of the United States shall
submit to the congressional defense committees a report on all
Phases under such subsection.
(2) Matters included.--The reports under paragraph (1) shall
include--
[[Page 126 STAT. 2179]]
(A) the progress on adhering to cost projections for
the project referred to in subsection (a) and the
progress on meeting the requirements of section 4713 of
the Atomic Energy Defense Act (50 U.S.C. 2753);
(B) the status of the technology readiness levels
for equipment and processes that will accompany each
Phase under subsection (a);
(C) independent cost estimates of such Phases;
(D) the programmatic structure of the relationship
between the prime contractor and subcontractors; and
(E) any other issue that the Comptroller General
determines appropriate with respect to the requirements,
cost, schedule, or technology readiness levels of such
project.
(g) Naval Reactor Study.--
(1) In general.--The Deputy Administrator for Naval Reactors
shall conduct a study of the project referred to in subsection
(a), including an analysis of the cost, benefits, and risks with
respect to nuclear safety.
(2) <<NOTE: Deadline. Reports. Recommenda- tions.>>
Submission.--Not later than one year after the date of the
enactment of this Act, the Deputy Administrator shall submit to
the congressional defense committees a report on the study under
paragraph (1), including recommendations of the Deputy
Administrator with respect to the project structure, oversight
model, and potential cost savings of the project referred to in
subsection (a).
(3) Consideration of recommendations.--In carrying out the
project referred to in subsection (a), the Secretary of Energy
shall consider the recommendations made by the Deputy
Administrator in the report under paragraph (2) and incorporate
such recommendations into the project as the Secretary considers
appropriate.
(4) Funding.--The Secretary and the Deputy Administrator
shall carry out this subsection using funds authorized to be
appropriated by this Act or otherwise made available for the
National Nuclear Security Administration that are not made
available for the Naval Nuclear Propulsion Program.
(h) CAPE Review.--Not later than 180 days after the date of the
enactment of this Act, the Director of Cost Assessment and Program
Evaluation of the Department of Defense shall submit to the
congressional defense committees a review of the cost and schedule of
the project referred to in subsection (a).
Subtitle C--Improvements to National Security Energy Laws
SEC. 3131. IMPROVEMENTS TO THE ATOMIC ENERGY DEFENSE ACT.
(a) Definitions.--
(1) In general.--Section 4002 of the Atomic Energy Defense
Act (50 U.S.C. 2501) is amended to read as follows:
``SEC. 4002. DEFINITIONS.
``In this division:
``(1) The term `Administration' means the National Nuclear
Security Administration.
``(2) The term `Administrator' means the Administrator for
Nuclear Security.
[[Page 126 STAT. 2180]]
``(3) The term `classified information' means any
information that has been determined pursuant to Executive Order
No. 12333 of December 4, 1981 (50 U.S.C. 401 note), Executive
Order No. 12958 of April 17, 1995 (50 U.S.C. 435 note), or
successor orders, to require protection against unauthorized
disclosure and that is so designated.
``(4) The term `congressional defense committees' means--
``(A) the Committee on Armed Services and the
Committee on Appropriations of the Senate; and
``(B) the Committee on Armed Services and the
Committee on Appropriations of the House of
Representatives.
``(5) The term `nuclear security enterprise' means the
physical facilities, technology, and human capital of the
national security laboratories and the nuclear weapons
production facilities.
``(6) The term `national security laboratory' means any of
the following:
``(A) Los Alamos National Laboratory, Los Alamos,
New Mexico.
``(B) Sandia National Laboratories, Albuquerque, New
Mexico, and Livermore, California.
``(C) Lawrence Livermore National Laboratory,
Livermore, California.
``(7) The term `nuclear weapons production facility' means
any of the following:
``(A) The Kansas City Plant, Kansas City, Missouri.
``(B) The Pantex Plant, Amarillo, Texas.
``(C) The Y-12 National Security Complex, Oak Ridge,
Tennessee.
``(D) The Savannah River Site, Aiken, South
Carolina.
``(E) The Nevada National Security Site, Nevada.
``(F) Any facility of the Department of Energy that
the Secretary of Energy, in consultation with the
Administrator and Congress, determines to be consistent
with the mission of the Administration.
``(8) The term `restricted data' has the meaning given such
term in section 11 y. of the Atomic Energy Act of 1954 (42
U.S.C. 2014(y)).''.
(2) Clerical amendment.--The table of contents at the
beginning of the Atomic Energy Defense Act is amended by
striking the item relating to section 4002 and inserting the
following new item:
``Sec. 4002. Definitions.''.
(b) Stockpile Stewardship.--Section 4201(b)(5)(E) of the Atomic
Energy Defense Act (50 U.S.C. 2521(b)(5)(E)) is amended by striking
``(as defined in section 3281 of the National Nuclear Security
Administration Act (50 U.S.C. 2471))''.
(c) Annual Assessments.--Section 4205 of the Atomic Energy Defense
Act (50 U.S.C. 2525) is amended by striking subsection (i).
(d) Testing of Nuclear Weapons.--
(1) In general.--Section 4210 of the Atomic Energy Defense
Act (50 U.S.C. 2530) is amended to read as follows:
[[Page 126 STAT. 2181]]
``SEC. 4210. TESTING OF NUCLEAR WEAPONS.
``(a) Underground Testing.--No underground test of nuclear weapons
may be conducted by the United States after September 30, 1996, unless a
foreign state conducts a nuclear test after this date, at which time the
prohibition on United States nuclear testing is lifted.
``(b) Atmospheric Testing.--None of the funds appropriated pursuant
to the National Defense Authorization Act for Fiscal Year 1994 (Public
Law 103-160; 107 Stat. 1547) or any other Act for any fiscal year may be
available to maintain the capability of the United States to conduct
atmospheric testing of a nuclear weapon.''.
(2) Clerical amendment.--The table of contents at the
beginning of the Atomic Energy Defense Act is amended by
striking the items relating to sections 4210 and 4211 and
inserting the following new item:
``Sec. 4210. Testing of nuclear weapons.''.
(3) <<NOTE: Repeal.>> Conforming amendment.--Section 4211
of the Atomic Energy Defense Act (50 U.S.C. 2531) is repealed.
(e) Manufacturing Infrastructure.--Section 4212 of the Atomic Energy
Defense Act (50 U.S.C. 2532) is amended by striking subsections (d) and
(e).
(f) Critical Difficulties Report.--
(1) In general.--Section 4213 of the Atomic Energy Defense
Act (50 U.S.C. 2533) is amended--
(A) in the heading, by striking ``nuclear weapons
laboratories and nuclear weapons production plants'' and
inserting ``national security laboratories and nuclear
weapons production facilities'';
(B) in subsection (a)--
(i) by striking ``Assistant Secretary of
Energy for Defense Programs'' and inserting
``Administrator'';
(ii) by striking ``nuclear weapons
laboratory'' and inserting ``national security
laboratory''; and
(iii) by striking ``production plant'' and
inserting ``production facility'';
(C) in subsection (b)--
(i) in the heading, by striking ``Assistant
Secretary'' and inserting ``Administrator''; and
(ii) by striking ``Assistant Secretary'' each
place it appears and inserting ``Administrator'';
and
(D) by striking subsection (e).
(2) Clerical amendment.--The table of contents at the
beginning of the Atomic Energy Defense Act is amended by
striking the item relating to section 4213 and inserting the
following new item:
``Sec. 4213. Reports on critical difficulties at national security
laboratories and nuclear weapons production facilities.''.
(g) Plan for Transformation.--
(1) In general.--Section 4214 of the Atomic Energy Defense
Act (50 U.S.C. 2534) is amended--
(A) by striking ``nuclear weapons complex'' each
place it appears (including the section heading) and
inserting ``nuclear security enterprise'';
(B) by striking subsections (b) and (d); and
[[Page 126 STAT. 2182]]
(C) by redesignating subsection (c) as subsection
(b).
(2) Clerical amendment.--The table of contents at the
beginning of the Atomic Energy Defense Act is amended by
inserting after the item relating to section 4213, as inserted
by subsection (f)(2), the following new item:
``Sec. 4214. Plan for transformation of National Nuclear Security
Administration nuclear security enterprise.''.
(h) Tritium Production Program.--Section 4231 of the Atomic Energy
Defense Act (50 U.S.C. 2541) is amended to read as follows:
``SEC. 4231. TRITIUM PRODUCTION PROGRAM.
``(a) Establishment of Program.--The Secretary of Energy shall
establish a tritium production program that is capable of meeting the
tritium requirements of the United States for nuclear weapons.
``(b) Location of Tritium Production Facility.--The Secretary shall
locate any new tritium production facility of the Department of Energy
at the Savannah River Site, South Carolina.''.
(i) Tritium Recycling Facilities.--Section 4234 of the Atomic Energy
Defense Act (50 U.S.C. 2544) is amended--
(1) by striking ``(a) In General.--The Secretary of Energy''
and inserting ``The Secretary of Energy''; and
(2) by striking subsection (b).
(j) Restricted Data.--Section 4501 of the Atomic Energy Defense Act
(50 U.S.C. 2651) is amended by striking subsection (c).
(k) Foreign Visitors.--
(1) In general.--Section 4502 of the Atomic Energy Defense
Act (50 U.S.C. 2652) is amended--
(A) in the heading, by striking ``national
laboratories'' and inserting ``national security
laboratories'';
(B) by striking ``national laboratory'' each place
it appears and inserting ``national security
laboratory''; and
(C) in subsection (g), by striking paragraphs (3)
and (4).
(2) Clerical amendment.--The table of contents at the
beginning of the Atomic Energy Defense Act is amended by
striking the item relating to section 4502 and inserting the
following new item:
``Sec. 4502. Restrictions on access to national security laboratories by
foreign visitors from sensitive countries.''.
(l) Background Investigations.--Section 4503 of the Atomic Energy
Defense Act (50 U.S.C. 2653) is amended--
(1) by striking ``(a) In General.--'';
(2) by striking subsections (b) and (c); and
(3) by striking ``national laboratory'' and inserting
``national security laboratory''.
(m) Nuclear Defense Intelligence Losses.--
(1) In general.--Section 4505 of the Atomic Energy Defense
Act (50 U.S.C. 2656) is amended--
(A) in the heading, by striking ``nuclear'' and
inserting ``atomic'';
(B) in the heading of subsection (b), by striking
``nuclear'' and inserting ``atomic energy''; and
[[Page 126 STAT. 2183]]
(C) by striking ``nuclear defense'' each place it
appears and inserting ``atomic energy defense''.
(2) Clerical amendment.--The table of contents at the
beginning of the Atomic Energy Defense Act is amended by
striking the item relating to section 4505 and inserting the
following new item:
``Sec. 4505. Notice to congressional committees of certain security and
counterintelligence failures within atomic energy defense
programs.''.
(n) Counterintelligence Report.--
(1) In general.--Section 4507 of the Atomic Energy Defense
Act (50 U.S.C. 2658) is amended--
(A) in the heading, by striking ``national
laboratories'' and inserting ``national security
laboratories'';
(B) in subsection (a), by striking ``national
laboratories'' and inserting ``national security
laboratories'';
(C) in subsection (b), by striking ``national
laboratory'' and inserting ``national security
laboratory''; and
(D) by striking subsection (c).
(2) Clerical amendment.--The table of contents at the
beginning of the Atomic Energy Defense Act is amended by
striking the item relating to section 4507 and inserting the
following new item:
``Sec. 4507. Report on counterintelligence and security practices at
national security laboratories.''.
(o) Computer Security Report.--
(1) In general.--Section 4508 of the Atomic Energy Defense
Act (50 U.S.C. 2659)--
(A) in the heading, by striking ``national
laboratory'' and inserting ``national security
laboratory'';
(B) in subsection (a) and (b), by striking
``national laboratories'' each place it appears and
inserting ``national security laboratories''; and
(C) by striking subsections (e) and (f).
(2) Clerical amendment.--The table of contents at the
beginning of the Atomic Energy Defense Act is amended by
striking the item relating to section 4508 and inserting the
following new item:
``Sec. 4508. Report on security vulnerabilities of national security
laboratory computers.''.
(p) Document Review.--Section 4521 of the Atomic Energy Defense Act
(50 U.S.C. 2671) is amended by striking subsection (c).
(q) Reports on Local Impact Assistance.--
(1) In general.--Section 4604(f) of the Atomic Energy
Defense Act (50 U.S.C. 2704(f)) is amended by adding at the end
the following new paragraph:
``(3) In addition to the plans submitted under paragraph (1), the
Secretary shall submit to Congress every six months a report setting
forth a description of, and the amount or value of, all local impact
assistance provided during the preceding six months under subsection
(c)(6).''.
(2) <<NOTE: Repeal.>> Conforming amendment.--Section 4851
of the Atomic Energy Defense Act (50 U.S.C. 2821) is repealed.
[[Page 126 STAT. 2184]]
(3) Clerical amendment.--The table of contents at the
beginning of the Atomic Energy Defense Act is amended by
striking the item relating to section 4851.
(r) Recruitment and Training.--Section 4622 of the Atomic Energy
Defense Act (50 U.S.C. 2722) is amended--
(1) in subsection (b)--
(A) by striking ``(1) As part of'' and inserting
``As part of''; and
(B) by striking paragraph (2); and
(2) by striking subsection (d).
(s) Fellowship Program.--
(1) In general.--Section 4623 of the Atomic Energy Defense
Act (50 U.S.C. 2723) is amended--
(A) in the heading, by striking ``department of
energy nuclear weapons complex'' and inserting ``nuclear
security enterprise'';
(B) in subsection (a), by striking ``Department of
Energy nuclear weapons complex'' each place it appears
and inserting ``nuclear security enterprise'';
(C) in subsection (c), by striking ``following'' and
all that follows through the period at the end and
inserting ``national security laboratories and nuclear
weapons production facilities.''; and
(D) in subsection (f)(2), by striking ``the
Department of Energy for'' and inserting ``the nuclear
security enterprise for''.
(2) Clerical amendment.--The table of contents at the
beginning of the Atomic Energy Defense Act is amended by
striking the item relating to section 4623 and inserting the
following new item:
``Sec. 4623. Fellowship program for development of skills critical to
the nuclear security enterprise.''.
(t) Cost Overruns.--Section 4713(a)(1)(A) of the Atomic Energy
Defense Act (50 U.S.C. 2753(a)(1)(A)) is amended--
(1) by striking ``for Nuclear Security''; and
(2) by striking ``National Nuclear Security''.
(u) Budget Request.--
(1) <<NOTE: Repeal.>> In general.--Section 4731 of the
Atomic Energy Defense Act (50 U.S.C. 2771) is repealed.
(2) Clerical amendment.--The table of contents at the
beginning of the Atomic Energy Defense Act is amended by
striking the item relating to section 4731.
(v) Contractor Bonuses.--Section 4802 of the Atomic Energy Defense
Act (50 U.S.C. 2782) is amended--
(2) by striking subsection (b); and
(3) by redesignating subsections (c) and (d) as subsections
(b) and (c), respectively.
(w) Funds for Research and Development.--Section 4812 of the Atomic
Energy Defense Act (50 U.S.C. 2792) is amended--
(1) by striking subsections (b) through (d); and
(2) by redesignating subsection (e) as subsection (b).
(x) Technology Partnerships.--Section 4813(c) of the Atomic Energy
Defense Act (50 U.S.C. 2794(c)) is amended by striking paragraph (5).
[[Page 126 STAT. 2185]]
(y) University Collaboration.--Section 4814 of the Atomic Energy
Defense Act (50 U.S.C. 2795) is amended by striking subsection (c).
(z) Engineering and Manufacturing Research.--Section 4832 of the
Atomic Energy Defense Act (50 U.S.C. 2812) is amended--
(1) in subsection (b), by striking ``nuclear weapons
complex'' and inserting ``nuclear security enterprise''; and
(2) by striking subsections (c) through (e).
(aa) Pilot Program Report.--Section 4833 of the Atomic Energy
Defense Act (50 U.S.C. 2813) is amended by striking subsection (e).
(bb) Technical Amendments.--
(1) In general.--The Atomic Energy Defense Act (50 U.S.C.
2501 et seq.) is amended as follows:
(A) In section 4604(g)(3) (50 U.S.C. 2704(g)(3)), by
striking ``; the Pinnellas Plant, Florida;''.
(B) In the heading of section 4852 (50 U.S.C. 2822),
by striking ``nevada test site'' and inserting ``nevada
national security site''.
(C) <<NOTE: 50 USC 2521, 2704, 2822.>> By striking
``Nevada Test Site'' each place it appears and inserting
``Nevada National Security Site''.
(D) <<NOTE: 50 USC 2562, 2652, 2656.>> By striking
``Director of Central Intelligence'' each place it
appears and inserting ``Director of National
Intelligence''.
(2) Clerical amendment.--The table of contents at the
beginning of the Atomic Energy Defense Act is further amended by
striking the item relating to section 4852 and inserting the
following new item:
``Sec. 4852. Payment of costs of operation and maintenance of
infrastructure at Nevada National Security Site.''.
SEC. 3132. IMPROVEMENTS TO THE NATIONAL NUCLEAR SECURITY
ADMINISTRATION ACT.
(a) Nuclear Security Enterprise Reference.--
(1) Future-years nuclear security program.--Section 3253(b)
of the National Nuclear Security Administration Act (50 U.S.C.
2453(b)) is amended by striking ``nuclear weapons complex'' each
place it appears and inserting ``nuclear security enterprise''.
(2) GAO reports.--Section 3255 of the National Nuclear
Security Administration Act (50 U.S.C. 2455) is amended--
(A) in subsection (a), by striking ``nuclear
security complex'' each place it appears and inserting
``nuclear security enterprise''; and
(B) in subsection (b), by striking paragraph (3).
(3) Definition.--Section 3281 of the National Nuclear
Security Administration Act (50 U.S.C. 2471) is amended by
adding at the end the following new paragraph:
``(6) The term `nuclear security enterprise' means the
physical facilities, technology, and human capital of the
national security laboratories and the nuclear weapons
production facilities.''.
(b) Transfer of Functions.--
(1) Funds and personnel.--Section 3291 of the National
Nuclear Security Administration Act (50 U.S.C. 2481) is
amended--
[[Page 126 STAT. 2186]]
(A) in subsection (c), by striking ``specified in
subsection (a)'' and inserting ``of the
Administration''; and
(B) by adding at the end the following new
subsections:
``(d) Transfer of Funds.--(1) Any balance of appropriations that the
Secretary of Energy determines is available and needed to finance or
discharge a function, power, or duty or an activity that is transferred
to the Administration shall be transferred to the Administration and
used for any purpose for which those appropriations were originally
available. Balances of appropriations so transferred shall--
``(A) be credited to any applicable appropriation account of
the Administration; or
``(B) be credited to a new account that may be established
on the books of the Department of the Treasury;
and shall be merged with the funds already credited to that
account and accounted for as one fund.
``(2) Balances of appropriations credited to an account under
paragraph (1)(A) are subject only to such limitations as are
specifically applicable to that account. Balances of appropriations
credited to an account under paragraph (1)(B) are subject only to such
limitations as are applicable to the appropriations from which they are
transferred.
``(e) Personnel.--(1) With respect to any function, power, or duty
or activity of the Department of Energy that is transferred to the
Administration, those employees of the element of the Department of
Energy from which the transfer is made that the Secretary of Energy
determines are needed to perform that function, power, or duty, or for
that activity, as the case may be, shall be transferred to the
Administration.
``(2) The authorized strength in civilian employees of any element
of the Department of Energy from which employees are transferred under
this section is reduced by the number of employees so transferred.''.
(2) Applicability of existing laws and regulations.--Section
3296 of the National Nuclear Security Administration Act (50
U.S.C. 2484) is amended to read as follows:
``SEC. 3296. APPLICABILITY OF PREEXISTING LAWS AND REGULATIONS.
``With respect to any facility, mission, or function of the
Department of Energy that the Secretary of Energy transfers to the
Administrator under section 3291, unless otherwise provided in this
title, all provisions of law and regulations in effect immediately
before the date of the transfer that are applicable to such facility,
mission, or function shall continue to apply to the corresponding
functions of the Administration.''.
(3) <<NOTE: 50 USC 2481 note.>> Rule of construction.--
Nothing in section 3291 of the National Nuclear Security
Administration Act (50 U.S.C. 2481), as amended by paragraph
(1), may be construed to affect any function or activity
transferred by the Secretary of Energy to the Administrator for
Nuclear Security before the date of the enactment of this Act.
(c) Repeal of Expired Provisions.--
(1) In general.--The following sections of the National
Nuclear Security Administration Act (50 U.S.C. 2401 et seq.) are
repealed:
(A) Section 3242 (50 U.S.C. 2442).
(B) Section 3292 (50 U.S.C. 2482).
[[Page 126 STAT. 2187]]
(C) Section 3295 (50 U.S.C. 2483).
(D) Section 3297 (50 U.S.C. 2401 note).
(2) Clerical amendments.--The table of contents at the
beginning of the National Nuclear Security Administration Act is
amended by striking the items relating to sections 3242, 3292,
3295, and 3297.
(d) Technical Amendments to the NNSA Act.--The National Nuclear
Security Administration Act (50 U.S.C. 2401 et seq.) is amended as
follows:
(1) In section 3212(a)(2) (50 U.S.C. 2402(a)(2)), by
striking ``as added by section 3202 of this Act,''.
(2) In section 3253(b)(3) (50 U.S.C. 2453(b)(3)), by
striking ``section 3158 of the Strom Thurmond National Defense
Authorization Act for Fiscal Year 1999 (42 U.S.C. 2121 note)''
and inserting ``section 4202(a) of the Atomic Energy Defense Act
(50 U.S.C. 2522(a))''.
(3) In section 3281(2) (50 U.S.C. 2471(2))--
(A) in subparagraph (C), by striking ``Y-12 Plant''
and inserting ``Y-12 National Security Complex''; and
(B) in subparagraph (D), by striking ``tritium
operations facilities at the''.
(4) <<NOTE: 50 USC 2455, 2471.>> By striking ``Nevada Test
Site'' each place it appears and inserting ``Nevada National
Security Site''.
(e) Technical Amendment to the DOE Organization Act.--Section 643 of
the Department of Energy Organization Act (42 U.S.C. 7253) is amended by
redesignating the second subsection (b) as subsection (c).
SEC. 3133. CONSOLIDATED REPORTING REQUIREMENTS RELATING TO NUCLEAR
STOCKPILE STEWARDSHIP, MANAGEMENT, AND
INFRASTRUCTURE.
(a) Consolidated Plan for Stewardship, Management, and Certification
of Warheads in the Nuclear Weapons Stockpile.--
(1) In general.--Section 4203 of the Atomic Energy Defense
Act (50 U.S.C. 2523) is amended to read as follows:
``SEC. 4203. NUCLEAR WEAPONS STOCKPILE STEWARDSHIP, MANAGEMENT,
AND INFRASTRUCTURE PLAN.
``(a) <<NOTE: Consultation. Deadline.>> Plan Requirement.--The
Administrator, in consultation with the Secretary of Defense and other
appropriate officials of the departments and agencies of the Federal
Government, shall develop and annually update a plan for sustaining the
nuclear weapons stockpile. The plan shall cover, at a minimum, stockpile
stewardship, stockpile management, stockpile surveillance, program
direction, infrastructure modernization, human capital, and nuclear test
readiness. The plan shall be consistent with the programmatic and
technical requirements of the most recent annual Nuclear Weapons
Stockpile Memorandum.
``(b) <<NOTE: Deadlines. Reports.>> Submissions to Congress.--(1)
In accordance with subsection (c), not later than March 15 of each even-
numbered year, the Administrator shall submit to the congressional
defense committees a summary of the plan developed under subsection (a).
``(2) In accordance with subsection (d), not later than March 15 of
each odd-numbered year, the Administrator shall submit to the
congressional defense committees a detailed report on the plan developed
under subsection (a).
[[Page 126 STAT. 2188]]
``(3) The summaries and reports required by this subsection shall be
submitted in unclassified form, but may include a classified annex.
``(c) Elements of Biennial Plan Summary.--Each summary of the plan
submitted under subsection (b)(1) shall include, at a minimum, the
following:
``(1) A summary of the status of the nuclear weapons
stockpile, including the number and age of warheads (including
both active and inactive) for each warhead type.
``(2) A summary of the status, plans, budgets, and schedules
for warhead life extension programs and any other programs to
modify, update, or replace warhead types.
``(3) A summary of the methods and information used to
determine that the nuclear weapons stockpile is safe and
reliable, as well as the relationship of science-based tools to
the collection and interpretation of such information.
``(4) A summary of the status of the nuclear security
enterprise, including programs and plans for infrastructure
modernization and retention of human capital, as well as
associated budgets and schedules.
``(5) Identification of any modifications or updates to the
plan since the previous summary or detailed report was submitted
under subsection (b).
``(6) Such other information as the Administrator considers
appropriate.
``(d) Elements of Biennial Detailed Report.--Each detailed report on
the plan submitted under subsection (b)(2) shall include, at a minimum,
the following:
``(1) With respect to stockpile stewardship and management--
``(A) the status of the nuclear weapons stockpile,
including the number and age of warheads (including both
active and inactive) for each warhead type;
``(B) for each five-year period occurring during the
period beginning on the date of the report and ending on
the date that is 20 years after the date of the report--
``(i) the planned number of nuclear warheads
(including active and inactive) for each warhead
type in the nuclear weapons stockpile; and
``(ii) the past and projected future total
lifecycle cost of each type of nuclear weapon;
``(C) the status, plans, budgets, and schedules for
warhead life extension programs and any other programs
to modify, update, or replace warhead types;
``(D) a description of the process by which the
Administrator assesses the lifetimes, and requirements
for life extension or replacement, of the nuclear and
non-nuclear components of the warheads (including active
and inactive warheads) in the nuclear weapons stockpile;
``(E) a description of the process used in
recertifying the safety, security, and reliability of
each warhead type in the nuclear weapons stockpile;
``(F) any concerns of the Administrator that would
affect the ability of the Administrator to recertify the
safety, security, or reliability of warheads in the
nuclear weapons stockpile (including active and inactive
warheads);
[[Page 126 STAT. 2189]]
``(G) mechanisms to provide for the manufacture,
maintenance, and modernization of each warhead type in
the nuclear weapons stockpile, as needed;
``(H) mechanisms to expedite the collection of
information necessary for carrying out the stockpile
management program required by section 4204, including
information relating to the aging of materials and
components, new manufacturing techniques, and the
replacement or substitution of materials;
``(I) mechanisms to ensure the appropriate
assignment of roles and missions for each national
security laboratory and nuclear weapons production
facility, including mechanisms for allocation of
workload, mechanisms to ensure the carrying out of
appropriate modernization activities, and mechanisms to
ensure the retention of skilled personnel;
``(J) mechanisms to ensure that each national
security laboratory has full and complete access to all
weapons data to enable a rigorous peer-review process to
support the annual assessment of the condition of the
nuclear weapons stockpile required under section 4205;
``(K) mechanisms for allocating funds for activities
under the stockpile management program required by
section 4204, including allocations of funds by weapon
type and facility; and
``(L) for each of the five fiscal years following
the fiscal year in which the report is submitted, an
identification of the funds needed to carry out the
program required under section 4204.
``(2) With respect to science-based tools--
``(A) a description of the information needed to
determine that the nuclear weapons stockpile is safe and
reliable;
``(B) for each science-based tool used to collect
information described in subparagraph (A), the
relationship between such tool and such information and
the effectiveness of such tool in providing such
information based on the criteria developed pursuant to
section 4202(a); and
``(C) the criteria developed under section 4202(a)
(including any updates to such criteria).
``(3) An assessment of the stockpile stewardship program
under section 4201 by the Administrator, in consultation with
the directors of the national security laboratories, which shall
set forth--
``(A) an identification and description of--
``(i) any key technical challenges to the
stockpile stewardship program; and
``(ii) the strategies to address such
challenges without the use of nuclear testing;
``(B) a strategy for using the science-based tools
(including advanced simulation and computing
capabilities) of each national security laboratory to
ensure that the nuclear weapons stockpile is safe,
secure, and reliable without the use of nuclear testing;
``(C) an assessment of the science-based tools
(including advanced simulation and computing
capabilities) of each national security laboratory that
exist at the time of the
[[Page 126 STAT. 2190]]
assessment compared with the science-based tools
expected to exist during the period covered by the
future-years nuclear security program; and
``(D) an assessment of the core scientific and
technical competencies required to achieve the
objectives of the stockpile stewardship program and
other weapons activities and weapons-related activities
of the Administration, including--
``(i) the number of scientists, engineers, and
technicians, by discipline, required to maintain
such competencies; and
``(ii) a description of any shortage of such
individuals that exists at the time of the
assessment compared with any shortage expected to
exist during the period covered by the future-
years nuclear security program.
``(4) With respect to the nuclear security infrastructure--
``(A) a description of the modernization and
refurbishment measures the Administrator determines
necessary to meet the requirements prescribed in--
``(i) the national security strategy of the
United States as set forth in the most recent
national security strategy report of the President
under section 108 of the National Security Act of
1947 (50 U.S.C. 404a) if such strategy has been
submitted as of the date of the plan;
``(ii) the most recent quadrennial defense
review if such strategy has not been submitted as
of the date of the plan; and
``(iii) the most recent Nuclear Posture Review
as of the date of the plan;
``(B) a schedule for implementing the measures
described under subparagraph (A) during the 10-year
period following the date of the plan; and
``(C) the estimated levels of annual funds the
Administrator determines necessary to carry out the
measures described under subparagraph (A), including a
discussion of the criteria, evidence, and strategies on
which such estimated levels of annual funds are based.
``(5) With respect to the nuclear test readiness of the
United States--
``(A) an estimate of the period of time that would
be necessary for the Administrator to conduct an
underground test of a nuclear weapon once directed by
the President to conduct such a test;
``(B) a description of the level of test readiness
that the Administrator, in consultation with the
Secretary of Defense, determines to be appropriate;
``(C) a list and description of the workforce skills
and capabilities that are essential to carrying out an
underground nuclear test at the Nevada National Security
Site;
``(D) a list and description of the infrastructure
and physical plants that are essential to carrying out
an underground nuclear test at the Nevada National
Security Site; and
``(E) an assessment of the readiness status of the
skills and capabilities described in subparagraph (C)
and the
[[Page 126 STAT. 2191]]
infrastructure and physical plants described in
subparagraph (D).
``(6) Identification of any modifications or updates to the
plan since the previous summary or detailed report was submitted
under subsection (b).
``(e) Nuclear Weapons Council Assessment.--(1) For each detailed
report on the plan submitted under subsection (b)(2), the Nuclear
Weapons Council established by section 179 of title 10, United States
Code, shall conduct an assessment that includes the following:
``(A) An analysis of the plan, including--
``(i) whether the plan supports the requirements of
the national security strategy of the United States or
the most recent quadrennial defense review, as
applicable under subsection (d)(4)(A), and the Nuclear
Posture Review; and
``(ii) whether the modernization and refurbishment
measures described under subparagraph (A) of subsection
(d)(4) and the schedule described under subparagraph (B)
of such subsection are adequate to support such
requirements.
``(B) An analysis of whether the plan adequately addresses
the requirements for infrastructure recapitalization of the
facilities of the nuclear security enterprise.
``(C) If the Nuclear Weapons Council determines that the
plan does not adequately support modernization and refurbishment
requirements under subparagraph (A) or the nuclear security
enterprise facilities infrastructure recapitalization
requirements under subparagraph (B), a risk assessment with
respect to--
``(i) supporting the annual certification of the
nuclear weapons stockpile; and
``(ii) maintaining the long-term safety, security,
and reliability of the nuclear weapons stockpile.
``(2) <<NOTE: Deadline. Reports.>> Not later than 180 days after
the date on which the Administrator submits the plan under subsection
(b)(2), the Nuclear Weapons Council shall submit to the congressional
defense committees a report detailing the assessment required under
paragraph (1).
``(f) Definitions.--In this section:
``(1) The term `budget', with respect to a fiscal year,
means the budget for that fiscal year that is submitted to
Congress by the President under section 1105(a) of title 31,
United States Code.
``(2) The term `future-years nuclear security program' means
the program required by section 3253 of the National Nuclear
Security Administration Act (50 U.S.C. 2453).
``(3) The term `nuclear security budget materials', with
respect to a fiscal year, means the materials submitted to
Congress by the Administrator in support of the budget for that
fiscal year.
``(4) The term `quadrennial defense review' means the review
of the defense programs and policies of the United States that
is carried out every four years under section 118 of title 10,
United States Code.
[[Page 126 STAT. 2192]]
``(5) The term `weapons activities' means each activity
within the budget category of weapons activities in the budget
of the Administration.
``(6) The term `weapons-related activities' means each
activity under the Department of Energy that involves nuclear
weapons, nuclear weapons technology, or fissile or radioactive
materials, including activities related to--
``(A) nuclear nonproliferation;
``(B) nuclear forensics;
``(C) nuclear intelligence;
``(D) nuclear safety; and
``(E) nuclear incident response.''.
(2) Clerical amendment.--The table of contents at the
beginning of the Atomic Energy Defense Act is amended by
striking the item relating to section 4203 and inserting the
following new item:
``Sec. 4203. Nuclear weapons stockpile stewardship, management, and
infrastructure plan.''.
(b) Repeal of Requirement for Biennial Report on Stockpile
Stewardship Criteria.--
(1) In general.--Section 4202 of the Atomic Energy Defense
Act (50 U.S.C. 2522) is amended by striking subsections (c) and
(d).
(2) Technical amendment.--The heading of such section is
amended to read as follows: ``stockpile stewardship criteria''.
(3) Clerical amendment.--The table of contents at the
beginning of the Atomic Energy Defense Act is amended by
striking the item relating to section 4202 and inserting the
following new item:
``Sec. 4202. Stockpile stewardship criteria.''.
(c) Repeal of Requirement for Biennial Plan on Modernization and
Refurbishment of the Nuclear Security Complex.--
(1) In general.--Section 4203A of the Atomic Energy Defense
Act (50 U.S.C. 2523A) <<NOTE: 50 USC 2523a.>> is repealed.
(2) Clerical amendment.--The table of contents for the
Atomic Energy Defense Act is amended by striking the item
relating to section 4203A.
(d) Repeal of Requirement for Annual Update to Stockpile Management
Program Plan.--Section 4204 of the Atomic Energy Defense Act (50 U.S.C.
2524) is amended--
(1) in subsection (b)(2)(B), by striking ``nuclear complex''
and inserting ``nuclear security enterprise'';
(2) by striking subsections (c) and (d); and
(3) by redesignating subsection (e) as subsection (c).
(e) Repeal of Requirement for Reports on Nuclear Test Readiness.--
(1) AEDA.--
(A) In general.--Section 4208 of the Atomic Energy
Defense Act (50 U.S.C. 2528) is repealed.
(B) Clerical amendment.--The table of contents for
the Atomic Energy Defense Act is amended by striking the
item relating to section 4208.
[[Page 126 STAT. 2193]]
(2) NDAA fiscal year 1996.--Section 3152 of the National
Defense Authorization Act for Fiscal Year 1996 (Public Law 104-
106; 110 Stat. 623) <<NOTE: 50 USC 2528.>> is repealed.
SEC. 3134. REPEAL OF CERTAIN REPORTING REQUIREMENTS.
(a) GAO Environmental Management Reports.--Section 3134 of the
National Defense Authorization Act for Fiscal Year 2010 (Public Law 111-
84; 123 Stat. 2713) is amended--
(1) in subsection (c)--
(A) in paragraph (1), by striking ``The
Comptroller'' and all that follows through ``(2),'' and
inserting ``Beginning on the date on which the report
under subsection (b)(2) is submitted, the Comptroller
General shall conduct a review'';
(B) by striking paragraph (2);
(C) by redesignating paragraph (3) as paragraph (2);
and
(D) in paragraph (2), as so redesignated, by
striking ``the end of the period described in paragraph
(2)'' and inserting ``August 30, 2012''; and
(2) in subsection (d)--
(A) in paragraph (1), by striking ``subsection
(c)(3)'' and inserting ``subsection (c)(2)''; and
(B) in paragraph (2), by striking ``90 days'' and
all that follows through ``(c)(3)'' and inserting
``April 30, 2016, or the date that is 210 days after the
date on which the Secretary of Energy notifies the
Comptroller General that all American Recovery and
Reinvestment Act funds have been expended, whichever is
earlier''.
(b) Workforce Restructuring Plan Updates.--
(1) In general.--Section 4604 of the Atomic Energy Defense
Act (50 U.S.C. 2704), as amended by section 3131(q), is
amended--
(A) in subsection (b)(1), by striking ``and any
updates of the plan under subsection (e)'';
(B) by striking subsection (e);
(C) in subsection (f)--
(i) by striking paragraph (2); and
(ii) by redesignating paragraph (3), as added
by such section 3131(q), as paragraph (2); and
(D) by redesignating subsections (f) and (g) as
subsections (e) and (f), respectively.
(2) Conforming amendment.--Section 4643(d)(1) of the Atomic
Energy Defense Act (50 U.S.C. 2733(d)(1)) is amended by striking
``section 4604(g)'' and inserting ``section 4604(f)''.
(c) Unclassified Controlled Nuclear Information Quarterly Report.--
Section 148 of the Atomic Energy Act of 1954 (42 U.S.C. 2168) is amended
by striking subsection e.
Subtitle D--Reports
SEC. 3141. REPORTS ON LIFETIME EXTENSION PROGRAMS.
(a) Prototypes.--Subtitle A of title XLII of the Atomic Energy
Defense Act (50 U.S.C. 2521 et seq.) is amended by inserting after
section 4215, as added by section 3114(a)(1), the following new section:
[[Page 126 STAT. 2194]]
``SEC. 4216. <<NOTE: 50 USC 2536.>> REPORTS ON LIFETIME EXTENSION
PROGRAMS.
``(a) Reports Required.--Before proceeding beyond phase 6.2
activities with respect to any lifetime extension program, the Nuclear
Weapons Council established by section 179 of title 10, United States
Code, shall submit to the congressional defense committees a report on
such phase 6.2 activities, including--
``(1) an assessment of the lifetime extension options
considered for the phase 6.2 activities, including whether the
subsystems and components in each option are considered to be a
refurbishment, reuse, or replacement of such subsystem or
component; and
``(2) an assessment of the option selected for the phase 6.2
activities, including--
``(A) whether the subsystems and components will be
refurbished, reused, or replaced; and
``(B) the advantages and disadvantages of
refurbishment, reuse, and replacement for each such
subsystem and component.
``(b) Phase 6.2 Activities Defined.--In this section, the term
`phase 6.2 activities' means, with respect to a lifetime extension
program, the phase 6.2 feasibility study and option down-select.''.
(b) Clerical Amendment.--The table of contents at the beginning of
such Act is amended by inserting after the item relating to section
4215, as added by section 3114(a)(2), the following new item:
``Sec. 4216. Reports on lifetime extension programs.''.
SEC. 3142. NOTIFICATION OF NUCLEAR CRITICALITY AND NON-NUCLEAR
INCIDENTS.
(a) Notification.--
(1) In general.--Subtitle C of title XLVI of the Atomic
Energy Defense Act (50 U.S.C. 2731 et seq.), as amended by
section 3161(a), is amended by adding at the end the following
new section:
``SEC. 4646. <<NOTE: 50 USC 2736.>> NOTIFICATION OF NUCLEAR
CRITICALITY AND NON-NUCLEAR INCIDENTS.
``(a) Notification.--The Secretary of Energy and the Administrator,
as the case may be, shall submit to the appropriate congressional
committees a notification of a nuclear criticality incident resulting
from a covered program that results in an injury or fatality or results
in the shutdown, or partial shutdown, of a covered facility by not later
than 15 days after the date of such incident.
``(b) Elements of Notification.--Each notification submitted under
subsection (a) shall include the following:
``(1) A description of the incident, including the cause of
the incident.
``(2) In the case of a criticality incident, whether the
incident caused a facility, or part of a facility, to be shut
down.
``(3) The effect, if any, on the mission of the
Administration or the Office of Environmental Management of the
Department of Energy.
``(4) Any corrective action taken in response to the
incident.
``(c) Database.--(1) The Secretary shall maintain a record of
incidents described in paragraph (2).
[[Page 126 STAT. 2195]]
``(2) An incident described in this paragraph is any of the
following incidents resulting from a covered program:
``(A) A nuclear criticality incident that results in an
injury or fatality or results in the shutdown, or partial
shutdown, of a covered facility.
``(B) A non-nuclear incident that results in serious bodily
injury or fatality at a covered facility.
``(d) Cooperation.--In carrying out this section, the Secretary and
the Administrator shall ensure that each management and operating
contractor of a covered facility cooperates in a timely manner.
``(e) Definitions.--In this section:
``(1) The term `appropriate congressional committees'
means--
``(A) the congressional defense committees; and
``(B) the Committee on Energy and Commerce of the
House of Representatives and the Committee on Energy and
Natural Resources of the Senate.
``(2) The term `covered facility' means--
``(A) a facility of the nuclear security enterprise;
and
``(B) a facility conducting activities for the
defense environmental cleanup program of the Office of
Environmental Management of the Department of Energy.
``(3) The term `covered program' means--
``(A) programs of the Administration; and
``(B) defense environmental cleanup programs of the
Office of Environmental Management of the Department of
Energy.''.
(2) Clerical amendment.--The table of contents at the
beginning of such Act is amended by inserting after the item
relating to section 4645, as added by section 3161(b), the
following new item:
``Sec. 4646. Notification of nuclear criticality and non-nuclear
incidents.''.
(b) Report.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of Energy and the
Administrator for Nuclear Security shall each submit to the
appropriate congressional committees a report detailing any
incidents described in paragraph (2) that occurred during the
10-year period before the date of the report.
(2) Incidents described.--An incident described in this
paragraph is any of the following incidents that occurred as a
result of programs of the National Nuclear Security
Administration or defense environmental cleanup programs of the
Office of Environmental Management of the Department of Energy:
(A) A nuclear criticality incident that resulted in
an injury or fatality or resulted in the shutdown, or
partial shutdown, of a facility of the nuclear security
enterprise or a facility conducting activities for such
defense environmental cleanup programs.
(B) A non-nuclear incident that results in serious
bodily injury or fatality at such a facility.
(3) Appropriate congressional committees defined.--In this
subsection, the term ``appropriate congressional committees''
means--
(A) the congressional defense committees; and
[[Page 126 STAT. 2196]]
(B) the Committee on Energy and Commerce of the
House of Representatives and the Committee on Energy and
Natural Resources of the Senate.
SEC. 3143. QUARTERLY REPORTS TO CONGRESS ON FINANCIAL BALANCES FOR
ATOMIC ENERGY DEFENSE ACTIVITIES.
(a) Reports Required.--Subtitle C of title XLVII of the Atomic
Energy Defense Act (50 U.S.C. 2771 et seq.) is amended by adding at the
end the following new section:
``SEC. 4732. <<NOTE: 50 USC 2772.>> QUARTERLY REPORTS ON
FINANCIAL BALANCES FOR ATOMIC ENERGY
DEFENSE ACTIVITIES.
``(a) Reports Required.--Not later than 15 days after the end of
each fiscal year quarter, the Secretary of Energy shall submit to the
congressional defense committees a report on the financial balances for
each atomic energy defense program at the budget control levels used in
the report accompanying the most current Act appropriating funds for
energy and water development.
``(b) Elements.--Each report under subsection (a) shall set forth,
for each program covered by such report, the following as of the end of
the fiscal year quarter covered by such report:
``(1) The total amount authorized to be appropriated,
including amounts authorized to be appropriated in the current
fiscal year and amounts authorized to be appropriated for prior
fiscal years.
``(2) The amount unobligated.
``(3) The amount unobligated but committed.
``(4) The amount obligated but uncosted.
``(c) Presentation.--Each report under subsection (a) shall present
information as follows:
``(1) For each program, in summary form and by fiscal year.
``(2) With financial balances in connection with funding
under recurring DOE national security authorizations (as that
term is defined in section 4701(1)) presented separately from
balances in connection with funding under any other provisions
of law.''.
(b) Clerical Amendment.--The table of contents at the beginning of
such Act is amended by inserting after the item relating to section
4731, as in effect before the amendment made by section 3131(u)(2) takes
effect, the following new item:
``Sec. 4732. Quarterly reports on financial balances for atomic energy
defense activities.''.
SEC. 3144. NATIONAL ACADEMY OF SCIENCES STUDY ON PEER REVIEW AND
DESIGN COMPETITION RELATED TO NUCLEAR
WEAPONS.
(a) Study.--Not later than 60 days after the date of the enactment
of this Act, the Administrator for Nuclear Security shall enter into an
agreement with the National Academy of Sciences to conduct a study of
peer review and design competition related to nuclear weapons.
(b) Elements.--The study required by subsection (a) shall include an
assessment of--
(1) the quality and effectiveness of peer review of designs,
development plans, engineering and scientific activities, and
priorities related to both nuclear and non-nuclear aspects of
nuclear weapons;
[[Page 126 STAT. 2197]]
(2) incentives for effective peer review;
(3) the potential effectiveness, efficiency, and cost of
alternative methods of conducting peer review and design
competition related to both nuclear and non-nuclear aspects of
nuclear weapons, as compared to current methods;
(4) the known instances where current peer review practices
and design competition succeeded or failed to find problems or
potential problems; and
(5) such other matters related to peer review and design
competition related to nuclear weapons as the Administrator
considers appropriate.
(c) Cooperation and Access to Information and Personnel.--The
Administrator shall ensure that the National Academy of Sciences
receives full and timely cooperation, including full access to
information and personnel, from the National Nuclear Security
Administration and the management and operating contractors of the
Administration for the purposes of conducting the study under subsection
(a).
(d) Report.--
(1) In general.--The National Academy of Sciences shall
submit to the Administrator a report containing the results of
the study conducted under subsection (a) and any recommendations
resulting from the study.
(2) <<NOTE: Recommenda- tions.>> Submittal to congress.--
Not later than September 30, 2014, the Administrator shall
submit to the Committees on Armed Services of the House of
Representatives and the Senate the report submitted under
paragraph (1) and any comments or recommendations of the
Administrator with respect to the report.
(3) Form.--The report submitted under paragraph (1) shall be
in unclassified form, but may include a classified annex.
SEC. 3145. REPORT ON DEFENSE NUCLEAR NONPROLIFERATION PROGRAMS.
(a) Report Required.--
(1) In general.--Not later than March 1 of each year from
2013 through 2015, the Administrator for Nuclear Security shall
submit to the appropriate congressional committees a report on
the budget, objectives, and metrics of the defense nuclear
nonproliferation programs of the National Nuclear Security
Administration.
(2) Elements.--The report required by paragraph (1) shall
include the following:
(A) An identification and explanation of uncommitted
balances that are more than the acceptable carryover
thresholds, as determined by the Secretary of Energy, on
a program-by-program basis.
(B) An identification of foreign countries that are
sharing the cost of implementing defense nuclear
nonproliferation programs, including an explanation of
such cost sharing.
(C) A description of objectives and measurements for
each defense nuclear nonproliferation program.
(D) A description of the proliferation of nuclear
weapons threat and how each defense nuclear
nonproliferation program activity counters the threat.
[[Page 126 STAT. 2198]]
(E) A description and assessment of nonproliferation
activities coordinated with the Department of Defense to
maximize efficiency and avoid redundancies.
(F) A description of how the defense nuclear
nonproliferation programs are prioritized to meet the
most urgent nonproliferation requirements.
(b) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Armed Services and the Committee on
Foreign Affairs of the House of Representatives; and
(2) the Committee on Armed Services and the Committee on
Foreign Relations of the Senate.
(c) Form.--The report required by subsection (a)(1) shall be
submitted in unclassified form, but may include a classified annex.
SEC. 3146. STUDY ON REUSE OF PLUTONIUM PITS.
(a) Study.--Not later than 270 days after the date of the enactment
of this Act, the Administrator for Nuclear Security, in coordination
with the Nuclear Weapons Council established by section 179 of title 10,
United States Code, shall submit to the congressional defense committees
a study of plutonium pits, including--
(1) the availability of plutonium pits--
(A) as of the date of the report; and
(B) after such date as a result of the dismantlement
of nuclear weapons; and
(2) an assessment of the potential for reusing plutonium
pits in future life extension programs.
(b) Matters Included.--The study submitted under subsection (a)
shall include the following:
(1) The feasibility and practicability of potential full or
partial reuse options with respect to plutonium pits.
(2) The benefits and risks of reusing plutonium pits.
(3) A list of technical challenges that must be resolved to
certify aged plutonium under dynamic loading conditions and the
full stockpile-to-target sequence of weapons, including a
program plan and timeline for resolving such technical
challenges and an assessment of the importance of resolving
outstanding materials issues on certifying aged plutonium pits.
(4) A list of the facilities that will perform the testing
and experiments required to resolve the technical challenges
identified under paragraph (3).
(5) The potential costs and cost savings of such reuse.
(6) The effects of such reuse on the requirements for
plutonium pit manufacturing.
(7) An assessment of how such reuse affects plans to build a
responsive nuclear weapons infrastructure.
SEC. 3147. ASSESSMENT OF NUCLEAR WEAPON PIT PRODUCTION
REQUIREMENT.
(a) Assessment.--The Secretary of Defense, in coordination with the
Secretary of Energy and the Commander of the United States Strategic
Command, shall assess the annual plutonium pit production requirement
needed to sustain a safe, secure, and reliable nuclear weapon arsenal.
(b) Reports.--
[[Page 126 STAT. 2199]]
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense, in
coordination with the Secretary of Energy and the Commander of
the United States Strategic Command, shall submit to the
congressional defense committees a report regarding the
assessment conducted under subsection (a), including--
(A) an explanation of the rationale and assumptions
that led to the current 50 to 80 plutonium pit
production requirement, including the factors considered
in determining such requirement;
(B) an analysis of whether there are any changes to
the current 50 to 80 plutonium pit production
requirement, including the reasons for any such changes;
(C) the cost and implications for national security
of various smaller and larger pit production capacities,
including with respect to--
(i) the ability to respond to geopolitical and
technical risks;
(ii) the sustainment of the nuclear weapons
stockpile, including options available for life
extension programs; and
(iii) impacts on the requirements for the
inactive and reserve nuclear weapons stockpile.
(2) Update.--If the report under paragraph (1) does not
incorporate the results of the Nuclear Posture Review
Implementation Study, the Secretary of Defense, in coordination
with the Secretary of Energy and the Commander of the United
States Strategic Command, shall submit to the congressional
defense committees an update to the report under paragraph (1)
that incorporates the results of such study by not later than 90
days after the date on which such committees receive such study.
(c) Form.--The reports under paragraphs (1) and (2) of subsection
(b) shall be submitted in unclassified form, but may include a
classified annex.
SEC. 3148. STUDY ON A MULTIAGENCY GOVERNANCE MODEL FOR NATIONAL
SECURITY LABORATORIES.
(a) Independent Assessment.--
(1) In general.--The Administrator for Nuclear Security
shall commission an independent assessment regarding the
transition of the national security laboratories to multiagency
federally funded research and development centers with direct
sustainment and sponsorship by multiple national security
agencies. The organization selected to conduct the independent
assessment shall have recognized credentials and expertise in
national security science and engineering laboratories.
(2) Background material.--The assessment shall leverage
previous studies, including--
(A) the report published in 2009 by the Stimson
Center titled ``Leveraging Science for Security: A
Strategy for the Nuclear Weapons Laboratories in the
21st Century''; and
(B) the Phase 1 report published in 2012 by the
National Academy of Sciences titled ``Managing for High-
Quality Science and Engineering at the NNSA National
Security laboratories''.
[[Page 126 STAT. 2200]]
(3) Elements.--The assessment conducted pursuant to
paragraph (1) shall include the following elements:
(A) An assessment of a new governance structure
that--
(i) gives multiple national security agencies,
including the Department of Defense, the
Department of Homeland Security, the Department of
Energy, and the intelligence community, direct
sponsorship of the national security laboratories
as federally funded research and development
centers so that such agencies have more direct and
rapid access to the assets available at the
laboratories and the responsibility to provide
sustainable support for the science and technology
needs of the agencies at the laboratories;
(ii) reduces costs to the Federal Government
for the use of the resources of the laboratories,
while enhancing the stewardship of these national
resources and maximizing their service to the
Nation;
(iii) enhances the overall quality of the
scientific research and engineering capability of
the laboratories, including their ability to
recruit and retain top scientists and engineers;
and
(iv) maintains as paramount the capabilities
required to support the nuclear stockpile
stewardship and related nuclear missions.
(B) A recommendation as to which, if any, other
laboratories associated with any national security
agency should be included in the new governance
structure.
(C) Options for implementing the new governance
structure that minimize disruption of performance and
costs to the government while rapidly achieving
anticipated gains.
(D) Legislative changes and executive actions that
would need to be made in order to implement the new
governance structure.
(b) Report.--
(1) In general.--Not later than January 1, 2014, the
organization selected to conduct the independent assessment
under subsection (a)(1) shall submit to the Administrator and
the congressional defense committees a report that contains the
findings of the assessment.
(2) Form.--The report under paragraph (1) shall be submitted
in unclassified form, but may include a classified annex.
(c) Definition.--In this section, the term ``national security
laboratory'' has the meaning given that term in section 3281 of the
National Nuclear Security Administration Act (50 U.S.C. 2471).
SEC. 3149. REPORT ON EFFICIENCIES IN FACILITIES AND FUNCTIONS OF
THE NATIONAL NUCLEAR SECURITY
ADMINISTRATION.
(a) Report Required.--Not later than 180 days after the date of the
enactment of this Act, the Nuclear Weapons Council established by
section 179 of title 10, United States Code, shall submit to the
congressional defense committees a report setting forth the assessment
of the Council as to the feasibility of finding further efficiencies in
the facilities and functions of the National Nuclear Security
Administration in order to reduce costs.
[[Page 126 STAT. 2201]]
(b) Process.--If the assessment of the Council in the report under
subsection (a) is that excess facilities or duplicative functions exist
and seeking efficiencies in the facilities and functions of the
Administration is feasible and would reduce cost, the report shall
include recommendations for a process to determine the manner in which
such efficiencies should be accomplished, including an estimate of the
time required to complete the process.
(c) Limitation on Availability of Certain Funds Pending Report.--
Amounts authorized to be appropriated by this title and available for
the facility projects in the Department of Energy Readiness and
Technical Base designated 04-D-125 and 06-D-141 may not be obligated or
expended for CD-3, Start of Construction (as found in Department of
Energy Order 413.3 B Program and Project Management for the Acquisition
of Capital Assets), until the submittal under subsection (a) of the
report required by that subsection.
SEC. 3150. STUDY ON REGIONAL RADIOLOGICAL SECURITY ZONES.
(a) Study.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Comptroller General of the United
States shall submit to the appropriate congressional committees
a study in accordance with paragraph (3).
(2) Consultation.--The Comptroller General may, in
conducting the study required under paragraph (1), consult with
the Secretary of Energy, the Secretary of Homeland Security, the
Secretary of State, the Nuclear Regulatory Commission, and such
other departments and agencies of the United States Government
as the Comptroller General considers appropriate.
(3) Matters included.--The study under paragraph (1) shall
include the following:
(A) An assessment of the radioactive isotopes and
associated activity levels that present the greatest
risk to national and international security.
(B) A review of current efforts by the Federal
Government to secure radiological materials abroad,
including coordination with foreign governments, the
European Union, the International Atomic Energy Agency,
other international programs, and nongovernmental
organizations that identify, register, secure, remove,
and provide for the disposition of high-risk
radiological materials worldwide.
(C) A review of current efforts of the Federal
Government to secure radiological materials domestically
at civilian sites, including hospitals, industrial
sites, and other locations.
(D) A definition of regional radiological security
zones, including the subset of the materials of concern
to be the immediate focus and the security best
practices required to achieve that goal.
(E) An assessment of the feasibility, cost,
desirability, and added benefit of establishing regional
radiological security zones in high priority areas
worldwide in order to facilitate regional collaboration
in--
(i) identifying and inventorying high-activity
radiological sources at high-risk sites;
[[Page 126 STAT. 2202]]
(ii) reviewing national level regulations,
inspections, transportation security, and security
upgrade options; and
(iii) assessing opportunities for the
harmonization of regulations and security
practices among the nations of the region.
(F) An assessment of the feasibility, cost,
desirability, and added benefit of establishing remote
regional monitoring centers that would receive real-time
data from radiological security sites, would be staffed
by trained personnel from the countries in the region,
and would alert local law enforcement in the event of a
potential or actual terrorist incident or other
emergency.
(G) An assessment of the feasibility and cost of
securing radiological materials in the United States and
through regional monitoring centers, taking into account
the threat and consequences of a terrorist attack using
fissile materials as compared to the threat and
consequences of a terrorist attack using radiological
materials.
(H) A list and assessment of the best practices used
in the United States that are most critical in enhancing
domestic radiological material security and could be
used to enhance radiological security worldwide.
(I) An assessment of the United States entity or
entities that would be best suited to lead efforts to
establish a radiological security zone program.
(J) An estimate of the costs associated with the
implementation of a radiological security zone program.
(K) An assessment of the known locations outside the
United States housing high-risk radiological materials
in excess of 1,000 curies.
(L) An assessment of how efforts to secure
radiological materials might impact the available
resources, capabilities, and capacity of the United
States that would be used to secure fissile materials.
(4) Form.--The study required under paragraph (1) shall be
submitted in unclassified form, but may include a classified
annex.
(b) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Armed Services, the Committee on
Homeland Security and Governmental Affairs, and the Committee on
Foreign Relations of the Senate; and
(2) the Committee on Armed Services, the Committee on
Homeland Security, and the Committee on Foreign Affairs of the
House of Representatives.
SEC. 3151. REPORT ON ABANDONED URANIUM MINES.
(a) Report.--
(1) In general.--The Secretary of Energy, in consultation
with the Secretary of the Interior and the Administrator of the
Environmental Protection Agency, shall undertake a review of,
and prepare a report on, abandoned uranium mines in the United
States that provided uranium ore for atomic energy defense
activities of the United States.
[[Page 126 STAT. 2203]]
(2) Matters to be addressed.--The report shall describe and
analyze--
(A) the location of the abandoned uranium mines
described in paragraph (1) on Federal, State, tribal,
and private land, taking into account any existing
inventories undertaken by Federal agencies, States, and
Indian tribes, and any additional information available
to the Secretary;
(B) the extent to which the abandoned uranium
mines--
(i) pose, or may pose, a significant radiation
hazard or other significant threat to public
health and safety; and
(ii) have caused, or may cause, significant
water quality degradation or other environmental
degradation;
(C) a ranking of priority by category for the
remediation and reclamation of the abandoned uranium
mines;
(D) the potential cost and feasibility of
remediating and reclaiming, in accordance with
applicable Federal law, each category of abandoned
uranium mines; and
(E) the status of any efforts to remediate and
reclaim abandoned uranium mines.
(b) Consultation.--In preparing the report under subsection (a), the
Secretary shall consult with any other relevant Federal agencies,
affected States and Indian tribes, and interested members of the public.
(c) Report to Congress.--
(1) In general.--Not later than 18 months after the date of
the enactment of this Act, the Secretary shall submit to the
appropriate congressional committees the report under subsection
(a)(1).
(2) Appropriate congressional committees defined.--In this
subsection, the term ``appropriate congressional committees''
means--
(A) the Committees on Armed Services of the Senate
and the House of Representatives; and
(B) the Committee on Energy and Natural Resources of
the Senate, the Committee on Energy and Commerce of the
House of Representatives, and the Committee on Natural
Resources of the House of Representatives.
(d) Construction.--Nothing in this section may be construed to
affect any responsibility or liability of the Federal Government, a
State, an Indian tribe, or a person with respect to the remediation of
an abandoned uranium mine.
Subtitle E--Other Matters
SEC. 3161. USE OF PROBABILISTIC RISK ASSESSMENT TO ENSURE NUCLEAR
SAFETY.
(a) In General.--Subtitle C of title XLVI of the Atomic Energy
Defense Act (50 U.S.C. 2731 et seq.) is amended by adding at the end the
following new section:
[[Page 126 STAT. 2204]]
``SEC. 4645. <<NOTE: 50 USC 2735.>> USE OF PROBABILISTIC RISK
ASSESSMENT TO ENSURE NUCLEAR SAFETY OF
FACILITIES OF THE ADMINISTRATION AND THE
OFFICE OF ENVIRONMENTAL MANAGEMENT.
``(a) Nuclear Safety at NNSA and DOE Facilities.--The Administrator
and the Secretary of Energy shall ensure that the methods for assessing,
certifying, and overseeing nuclear safety at the facilities specified in
subsection (c) use national and international standards and nuclear
industry best practices, including probabilistic or quantitative risk
assessment if sufficient data exist.
``(b) Adequate Protection.--The use of probabilistic or quantitative
risk assessment under subsection (a) shall be to support, rather than
replace, the requirement under section 182 of the Atomic Energy Act of
1954 (42 U.S.C. 2232) that the utilization or production of special
nuclear material will be in accordance with the common defense and
security and will provide adequate protection to the health and safety
of the public.
``(c) <<NOTE: Applicability.>> Facilities Specified.--Subsection
(a) shall apply--
``(1) to the Administrator with respect to the national
security laboratories and the nuclear weapons production
facilities; and
``(2) to the Secretary of Energy with respect to defense
nuclear facilities of the Office of Environmental Management of
the Department of Energy.''.
(b) Clerical Amendment.--The table of contents at the beginning of
such Act is amended by inserting after the item relating to section 4644
the following new item:
``Sec. 4645. Use of probabilistic risk assessment to ensure nuclear
safety of facilities of the Administration and the Office of
Environmental Management.''.
SEC. 3162. SUBMITTAL TO CONGRESS OF SELECTED ACQUISITION REPORTS
AND INDEPENDENT COST ESTIMATES ON LIFE
EXTENSION PROGRAMS AND NEW NUCLEAR
FACILITIES.
(a) Submittal Required.--Subtitle A of title XLII of the Atomic
Energy Defense Act (50 U.S.C. 2521 et seq.) is amended by inserting
after section 4216, as added by section 3141(a), the following new
section:
``SEC. 4217. <<NOTE: 50 USC 2537.>> SELECTED ACQUISITION REPORTS
AND INDEPENDENT COST ESTIMATES ON LIFE
EXTENSION PROGRAMS AND NEW NUCLEAR
FACILITIES.
``(a) Selected Acquisition Reports.--(1) At the end of each fiscal-
year quarter, the Secretary of Energy, acting through the Administrator,
shall submit to the congressional defense committees a report on each
nuclear weapon system undergoing life extension. The reports shall be
known as Selected Acquisition Reports for the weapon system concerned.
``(2) The information contained in the Selected Acquisition Report
for a fiscal-year quarter for a nuclear weapon system shall be the
information contained in the Selected Acquisition Report for such
fiscal-year quarter for a major defense acquisition program under
section 2432 of title 10, United States Code, expressed in terms of the
nuclear weapon system.
``(b) Independent Cost Estimates.--(1) The Secretary, acting through
the Administrator, shall submit to the congressional defense committees
and the Nuclear Weapons Council established
[[Page 126 STAT. 2205]]
under section 179 of title 10, United States Code, an independent cost
estimate of the following:
``(A) Each nuclear weapon system undergoing life extension
at the completion of phase 6.2A, relating to design definition
and cost study.
``(B) Each nuclear weapon system undergoing life extension
before initiation of phase 6.5, relating to first production.
``(C) Each new nuclear facility within the nuclear security
enterprise that is estimated to cost more than $500,000,000
before such facility achieves critical decision 2 in the
acquisition process.
``(2) A cost estimate for purposes of this subsection may not be
prepared by the Department of Energy or the Administration.
``(c) Authority for Further Assessments.--Upon the request of the
Administrator, the Secretary of Defense, acting through the Director of
Cost Assessment and Program Evaluation and in consultation with the
Administrator, may conduct an independent cost assessment of any
initiative or program of the Administration that is estimated to cost
more than $500,000,000.''.
(b) Clerical Amendment.--The table of contents at the beginning of
such Act is amended by inserting after the item relating to 4216, as
added by section 3141(b), the following new item:
``Sec. 4217. Selected Acquisition Reports and independent cost estimates
on life extension programs and new nuclear facilities.''.
SEC. 3163. CLASSIFICATION OF CERTAIN RESTRICTED DATA.
Section 142 of the Atomic Energy Act of 1954 (42 U.S.C. 2162) is
amended--
(1) in subsection d.--
(A) by inserting ``(1)'' before ``The Commission'';
and
(B) by adding at the end the following:
``(2) <<NOTE: Determination.>> The Commission may restore to the
Restricted Data category any information related to the design of
nuclear weapons removed under paragraph (1) if the Commission and the
Department of Defense jointly determine that--
``(A) the programmatic requirements that caused the
information to be removed from the Restricted Data category are
no longer applicable or have diminished;
``(B) the information would be more appropriately protected
as Restricted Data; and
``(C) restoring the information to the Restricted Data
category is in the interest of national security.
``(3) In carrying out paragraph (2), information related to the
design of nuclear weapons shall be restored to the Restricted Data
category in accordance with regulations prescribed for purposes of such
paragraph.''; and
(2) in subsection e.--
(A) by inserting ``(1)'' before ``The Commission'';
(B) by striking ``Central'' and inserting
``National''; and
(C) by adding at the end the following:
``(2) <<NOTE: Determination.>> The Commission may restore to the
Restricted Data category any information concerning atomic energy
programs of other nations removed under paragraph (1) if the Commission
and the Director of National Intelligence jointly determine that--
``(A) the programmatic requirements that caused the
information to be removed from the Restricted Data category are
no longer applicable or have diminished;
[[Page 126 STAT. 2206]]
``(B) the information would be more appropriately protected
as Restricted Data; and
``(C) restoring the information to the Restricted Data
category is in the interest of national security.
``(3) In carrying out paragraph (2), information concerning atomic
energy programs of other nations shall be restored to the Restricted
Data category in accordance with regulations prescribed for purposes of
such paragraph.''.
SEC. 3164. ADVICE TO PRESIDENT AND CONGRESS REGARDING SAFETY,
SECURITY, AND RELIABILITY OF UNITED
STATES NUCLEAR WEAPONS STOCKPILE AND
NUCLEAR FORCES.
(a) In General.--Section 1305 of the National Defense Authorization
Act for Fiscal Year 1998 (42 U.S.C. 7274p) is--
(1) transferred to the Atomic Energy Defense Act (50 U.S.C.
2501 et seq.);
(2) inserted after section 4217 of such Act, as added by
section 3162(a);
(3) <<NOTE: 50 USC 2538.>> redesignated as section 4218;
and
(4) amended by amending subsection (f) to read as follows:
``(f) Expression of Individual Views.--
``(1) In general.--No individual, including representatives
of the President, may take any action against, or otherwise
constrain, a director of a national security laboratory or a
nuclear weapons production facility, a member of the Nuclear
Weapons Council established under section 179 of title 10,
United States Code, or the Commander of the United States
Strategic Command from presenting the professional views of the
director, member, or Commander, as the case may be, to the
President, the National Security Council, or Congress
regarding--
``(A) the safety, security, reliability, or
credibility of the nuclear weapons stockpile and nuclear
forces; or
``(B) the status of, and plans for, the capabilities
and infrastructure that support and sustain the nuclear
weapons stockpile and nuclear forces.
``(2) Construction.--Nothing in paragraph (1)(B) may be
construed to affect the interagency budget process.''.
(b) Conforming Amendments.--Section 4218 of the Atomic Energy
Defense Act, as added by subsection (a), is amended--
(1) by striking ``nuclear weapons laboratories'' each place
it appears and inserting ``national security laboratories'';
(2) by striking ``nuclear weapons laboratory'' each place it
appears and inserting ``national security laboratory'';
(3) by striking ``nuclear weapons production plants'' each
place it appears and inserting ``nuclear weapons production
facilities'';
(4) by striking ``nuclear weapons production plant'' each
place it appears and inserting ``nuclear weapons production
facility''; and
(5) by amending subsection (g) to read as follows:
``(g) Representative of the President Defined.--In this section, the
term `representative of the President' means the following:
``(1) Any official of the Department of Defense or the
Department of Energy who is appointed by the President and
confirmed by the Senate.
[[Page 126 STAT. 2207]]
``(2) Any member or official of the National Security
Council.
``(3) Any member or official of the Joint Chiefs of Staff.
``(4) Any official of the Office of Management and
Budget.''.
(c) Clerical Amendment.--The table of contents at the beginning of
the Atomic Energy Defense Act is amended by inserting after the item
relating to section 4217, as added by section 3162(b), the following new
item:
``Sec. 4218. Advice to President and Congress regarding safety,
security, and reliability of United States nuclear weapons
stockpile.''.
SEC. 3165. <<NOTE: 50 USC 2794.>> PILOT PROGRAM ON TECHNOLOGY
COMMERCIALIZATION.
(a) <<NOTE: Consultation.>> Pilot Program.--The Secretary of
Energy, in consultation with the Technology Transfer Coordinator
appointed under section 1001(a) of the Energy Policy Act of 2005 (42
U.S.C. 16391(a)), may carry out a pilot program at a national security
laboratory for the purpose of accelerating technology transfer from such
laboratories to the marketplace with respect to technologies that
directly advance the mission of the National Nuclear Security
Administration.
(b) Termination.--The authority to carry out the pilot program under
subsection (a) shall terminate on the date that is two years after the
date of the enactment of this Act.
(c) Reports.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, the Secretary shall submit to the
appropriate congressional committees a report on the pilot
program under subsection (a).
(2) Elements.--The report under paragraph (1) shall include
the following:
(A) An identification of opportunities for
accelerating technology transfer from national security
laboratories to the marketplace.
(B) If the Secretary chooses to carry out the pilot
program under subsection (a), a description of the plan
to carry out such program.
(C) If the Secretary chooses not to carry out the
pilot program under subsection (a), a description of why
the program will not be carried out.
(d) Definitions.--In this section:
(1) The term ``appropriate congressional committees'' means
the following:
(A) The Committees on Armed Services of the Senate
and House of Representatives.
(B) The Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Science, Space, and Technology of the House of
Representatives.
(C) The Committee on Energy and Natural Resources of
the Senate and the Committee on Energy and Commerce of
the House of Representatives.
(2) The term ``national security laboratory'' has the
meaning given that term in section 3281 of the National Nuclear
Security Administration Act (50 U.S.C. 2471).
[[Page 126 STAT. 2208]]
SEC. 3166. CONGRESSIONAL ADVISORY PANEL ON THE GOVERNANCE OF THE
NUCLEAR SECURITY ENTERPRISE.
(a) Establishment.--There is established a congressional advisory
panel to be known as the ``Congressional Advisory Panel on the
Governance of the Nuclear Security Enterprise'' (in this section
referred to as the ``advisory panel''). The purpose of the advisory
panel is to examine options and make recommendations for revising the
governance structure, mission, and management of the nuclear security
enterprise.
(b) Composition and Meetings.--
(1) Membership.--The advisory panel shall be composed of 12
members appointed as follows:
(A) Two by the chairman of the Committee on Armed
Services of the House of Representatives.
(B) Two by the ranking minority member of the
Committee on Armed Services of the House of
Representatives.
(C) Two by the chairman of the Committee on Armed
Services of the Senate.
(D) Two by the ranking minority member of the
Committee on Armed Services of the Senate.
(E) One by the Speaker of the House of
Representatives.
(F) One by the minority leader of the House of
Representatives.
(G) One by the majority leader of the Senate.
(H) One by the minority leader of the Senate.
(2) Co-chairmen.--Two members of the advisory panel shall
serve as co-chairmen of the advisory panel. The co-chairmen
shall be designated as follows:
(A) The chairman of the Committee on Armed Services
of the House of Representatives and the ranking minority
member of the Committee on Armed Services of the Senate,
in consultation with the Speaker of the House of
Representatives and the minority leader of the Senate,
shall jointly designate one member of the advisory panel
to serve as co-chairman of the advisory panel.
(B) The chairman of the Committee on Armed Services
of the Senate and the ranking minority member of the
Committee on Armed Services of the House of
Representatives, in consultation with the majority
leader of the Senate and the minority leader of the
House of Representatives, shall jointly designate one
member of the advisory panel to serve as co-chairman of
the advisory panel.
(3) Security clearance required.--Each individual appointed
as a member of the advisory panel shall possess (or have
recently possessed before the date of such appointment) the
appropriate security clearance necessary to carry out the duties
of the advisory panel.
(4) Period of appointment; vacancies.--Each member of the
advisory panel shall be appointed for the life of the advisory
panel. Any vacancy in the advisory panel shall be filled in the
same manner as the original appointment.
(5) <<NOTE: Deadline.>> Meetings.--The advisory panel shall
commence its first meeting by not later than March 1, 2013, so
long as at least two members have been appointed under paragraph
(1) by such date.
(c) Cooperation From Government.--
[[Page 126 STAT. 2209]]
(1) Cooperation.--The advisory panel shall receive the full
and timely cooperation of the Secretary of Defense, the
Secretary of Energy, and any other Federal official in providing
the advisory panel with analyses, briefings, and other
information, including access to classified information,
necessary for the advisory panel to carry out its duties under
this section. With respect to access to classified information,
the Director of National Intelligence may determine which
information is necessary under this paragraph.
(2) Liaison.--The following heads of Federal agencies shall
each designate at least one officer or employee of the
respective agency to serve as a liaison officer between the
agency and the advisory panel:
(A) The Secretary of State.
(B) The Secretary of Defense.
(C) The Secretary of Energy.
(D) The Secretary of Homeland Security.
(E) The Director of National Intelligence.
(d) Reports Required.--
(1) Interim report.--Not later than 180 days after the date
of the enactment of this Act, the advisory panel shall submit to
the President, the Secretary of Defense, the Secretary of
Energy, the Committees on Armed Services and Energy and Natural
Resources of the Senate, and the Committees on Armed Services
and Energy and Commerce of the House of Representatives an
interim report on the initial findings, conclusions, and
recommendations of the advisory panel. To the extent
practicable, the interim report shall address the matters
described in paragraph (2) and focus on the immediate, near-term
actions the advisory panel recommends be taken.
(2) Report.--Not later than February 1, 2014, the advisory
panel shall submit to the President, the Secretary of Defense,
the Secretary of Energy, the Committees on Armed Services and
Energy and Natural Resources of the Senate, and the Committees
on Armed Services and Energy and Commerce of the House of
Representatives a report on the findings, conclusions, and
recommendations of the advisory panel. The report shall include
the following:
(A) An assessment of each option considered by the
advisory panel for revising the governance structure,
mission, and management of the nuclear security
enterprise, including the advantages, disadvantages,
costs, risks, and benefits of each such option.
(B) The recommendation of the advisory panel with
respect to the most appropriate governance structure,
mission, and management of the nuclear security
enterprise.
(C) Recommendations of the advisory panel with
respect to--
(i) the appropriate missions of the nuclear
security enterprise, including how complementary
missions should be managed while ensuring focus on
core missions;
(ii) the organization and structure of the
nuclear security enterprise and the Federal agency
responsible for such enterprise;
[[Page 126 STAT. 2210]]
(iii) the roles, responsibilities, and
authorities of Federal agencies, Federal
officials, the national security laboratories and
nuclear weapons production facilities, and the
directors of such laboratories and facilities,
including mechanisms for holding such officials
and directors accountable;
(iv) the allocation of roles and
responsibilities with respect to the mission,
operations, safety, and security of the nuclear
security enterprise;
(v) the relationships among the Federal agency
responsible for the nuclear security enterprise
and the National Security Council, the Nuclear
Weapons Council, the Department of Energy, the
Department of Defense, and other Federal agencies;
(vi) the interagency planning, programming,
and budgeting process for the nuclear security
enterprise;
(vii) the appropriate means for managing and
overseeing the nuclear security enterprise,
including the role of federally funded research
and development centers, the role and impact of
various contracting and fee structures, the
appropriate role of contract competition and
nonprofit and for-profit contractors, and the use
of performance-based and transactional oversight;
(viii) the appropriate means for ensuring the
health of the intellectual capital of the nuclear
security enterprise, including recruitment and
retention of personnel and enhancement of a robust
professional culture of excellence;
(ix) the appropriate means for ensuring the
health and sustainment of the critical
capabilities and physical infrastructure of the
nuclear security enterprise;
(x) infrastructure, rules, regulations, best
practices, standards, and appropriate oversight
mechanisms to ensure robust protection of the
health and safety of workers and the public while
also providing such workers the ability to
effectively and efficiently carry out their
mission;
(xi) the appropriate congressional committee
structure for oversight of the nuclear security
enterprise;
(xii) the length of the terms and suggested
qualifications for senior officials of the Federal
agency responsible for the nuclear security
enterprise;
(xiii) contracting, budget planning, program
management, and regulatory changes to reduce the
cost of programs and administration without
eroding mission effectiveness or requirements and
ensuring robust protection of the health and
safety of workers and the public; and
(xiv) statutory, regulatory, and policy
changes necessary for implementing the
recommendations of the advisory panel.
(D) An assessment of if and how the recommendations
of the advisory panel will lead to greater mission focus
and more effective and efficient program management for
the nuclear security enterprise.
[[Page 126 STAT. 2211]]
(E) Any other information or recommendations
relating to the future of the nuclear security
enterprise that the advisory panel considers
appropriate.
(e) Funding.--Of the amounts authorized to be appropriated by this
Act or otherwise made available for fiscal year 2013 for the Department
of Defense, not more than $3,000,000 shall be made available to the
advisory panel to carry out this section.
(f) Termination.--The advisory panel shall terminate not later than
June 1, 2014.
(g) Definitions.--In this section:
(1) The term ``national security laboratory'' has the
meaning given that term in section 4002(6) of the Atomic Energy
Defense Act, as amended by section 3131(a).
(2) The term ``nuclear security enterprise'' has the meaning
given that term in section 4002(5) of the Atomic Energy Defense
Act, as amended by section 3131(a).
(3) The term ``nuclear weapons production facility'' has the
meaning given that term in section 4002(7) of the Atomic Energy
Defense Act, as amended by section 3131(a).
Subtitle F--American <<NOTE: American Medical Isotopes Production Act of
2012.>> Medical Isotopes Production
SEC. 3171. <<NOTE: 42 USC 2011 note.>> SHORT TITLE.
This subtitle may be cited as the ``American Medical Isotopes
Production Act of 2012''.
SEC. 3172. <<NOTE: 42 USC 2065 note.>> DEFINITIONS.
In this subtitle:
(1) Department.--The term ``Department'' means the
Department of Energy.
(2) Highly enriched uranium.--The term ``highly enriched
uranium'' means uranium enriched to 20 percent or greater in the
isotope U-235.
(3) Low enriched uranium.--The term ``low enriched uranium''
means uranium enriched to less than 20 percent in the isotope U-
235.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
SEC. 3173. <<NOTE: 42 USC 2065.>> IMPROVING THE RELIABILITY OF
DOMESTIC MEDICAL ISOTOPE SUPPLY.
(a) Medical Isotope Development Projects.--
(1) In general.--The Secretary shall carry out a technology-
neutral program--
(A) to evaluate and support projects for the
production in the United States, without the use of
highly enriched uranium, of significant quantities of
molybdenum-99 for medical uses;
(B) to be carried out in cooperation with non-
Federal entities; and
(C) the costs of which shall be shared in accordance
with section 988 of the Energy Policy Act of 2005 (42
U.S.C. 16352).
(2) Criteria.--Projects shall be evaluated against the
following primary criteria:
[[Page 126 STAT. 2212]]
(A) The length of time necessary for the proposed
project to begin production of molybdenum-99 for medical
uses within the United States.
(B) The capability of the proposed project to
produce a significant percentage of United States demand
for molybdenum-99 for medical uses.
(C) The capability of the proposed project to
produce molybdenum-99 in a cost-effective manner.
(D) The cost of the proposed project.
(3) Exemption.--An existing reactor in the United States
fueled with highly enriched uranium shall not be disqualified
from the program if the Secretary determines that--
(A) there is no alternative nuclear reactor fuel,
enriched in the isotope U-235 to less than 20 percent,
that can be used in that reactor;
(B) the reactor operator has provided assurances
that, whenever an alternative nuclear reactor fuel,
enriched in the isotope U-235 to less than 20 percent,
can be used in that reactor, it will use that
alternative in lieu of highly enriched uranium; and
(C) the reactor operator has provided a current
report on the status of its efforts to convert the
reactor to an alternative nuclear reactor fuel enriched
in the isotope U-235 to less than 20 percent, and an
anticipated schedule for completion of conversion.
(4) Public participation and review.--The Secretary shall--
(A) <<NOTE: Plan. Deadlines.>> develop a program
plan and annually update the program plan through public
workshops; and
(B) <<NOTE: Recommenda- tions.>> use the Nuclear
Science Advisory Committee to conduct annual reviews of
the progress made in achieving the program goals and
make recommendations to improve program effectiveness.
(b) Development Assistance.--The Secretary shall carry out a program
to provide assistance for--
(1) the development of fuels, targets, and processes for
domestic molybdenum-99 production that do not use highly
enriched uranium; and
(2) commercial operations using the fuels, targets, and
processes described in paragraph (1).
(c) Uranium Lease and Take-back.--
(1) In general.--The Secretary shall establish a program to
make low enriched uranium available, through lease contracts,
for irradiation for the production of molybdenum-99 for medical
uses.
(2) Title.--The lease contracts shall provide for the
producers of the molybdenum-99 to take title to and be
responsible for the molybdenum-99 created by the irradiation,
processing, or purification of uranium leased under this
section.
(3) Duties.--
(A) Secretary.--The lease contracts shall require
the Secretary--
(i) to retain responsibility for the final
disposition of spent nuclear fuel created by the
irradiation, processing, or purification of
uranium leased under this section for the
production of medical isotopes; and
[[Page 126 STAT. 2213]]
(ii) to take title to and be responsible for
the final disposition of radioactive waste created
by the irradiation, processing, or purification of
uranium leased under this section for which the
Secretary determines the producer does not have
access to a disposal path.
(B) Producer.--The producer of the spent nuclear
fuel and radioactive waste shall accurately
characterize, appropriately package, and transport the
spent nuclear fuel and radioactive waste prior to
acceptance by the Department.
(4) Compensation.--
(A) In general.--Subject to subparagraph (B), the
lease contracts shall provide for compensation in cash
amounts equivalent to prevailing market rates for the
sale of comparable uranium products and for compensation
in cash amounts equivalent to the net present value of
the cost to the Federal Government for--
(i) the final disposition of spent nuclear
fuel and radioactive waste for which the
Department is responsible under paragraph (3); and
(ii) other costs associated with carrying out
the uranium lease and take-back program authorized
by this subsection.
(B) Discount rate.--The discount rate used to
determine the net present value of costs described in
subparagraph (A)(ii) shall be not greater than the
average interest rate on marketable Treasury securities.
(5) Authorized use of funds.--Subject to the availability of
appropriations, the Secretary may obligate and expend funds
received under leases entered into under this subsection, which
shall remain available until expended, for the purpose of
carrying out the activities authorized by this subtitle,
including activities related to the final disposition of spent
nuclear fuel and radioactive waste for which the Department is
responsible under paragraph (3).
(6) Exchange of uranium for services.--The Secretary shall
not barter or otherwise sell or transfer uranium in any form in
exchange for--
(A) services related to the final disposition of the
spent nuclear fuel and radioactive waste for which the
Department is responsible under paragraph (3); or
(B) any other services associated with carrying out
the uranium lease and take-back program authorized by
this subsection.
(d) Coordination of Environmental Reviews.--The Department and the
Nuclear Regulatory Commission shall ensure to the maximum extent
practicable that environmental reviews for the production of the medical
isotopes shall complement and not duplicate each review.
(e) <<NOTE: Deadline.>> Operational Date.--The Secretary shall
establish a program as described in subsection (c)(3) not later than 3
years after the date of enactment of this Act.
(f) Radioactive Waste.--Notwithstanding section 2 of the Nuclear
Waste Policy Act of 1982 (42 U.S.C. 10101), radioactive material
resulting from the production of medical isotopes that has been
permanently removed from a reactor or subcritical assembly and for which
there is no further use shall be considered
[[Page 126 STAT. 2214]]
low-level radioactive waste if the material is acceptable under Federal
requirements for disposal as low-level radioactive waste.
SEC. 3174. EXPORTS.
Section 134 of the Atomic Energy Act of 1954 (42 U.S.C. 2160d) is
amended by striking subsection c. and inserting the following:
``c. <<NOTE: Time period.>> Medical Production License Sunset.--
Effective 7 years after the date of enactment of the American Medical
Isotopes Production Act of 2012, the Commission may not issue a license
for the export of highly enriched uranium from the United States for the
purposes of medical isotope production.
``d. Medical Production License Extension.--The period referred to
in subsection c. may be extended for no more than 6 years if, no earlier
than 6 years after the date of enactment of the American Medical
Isotopes Production Act of 2012, the Secretary of Energy certifies to
the Committee on Energy and Commerce of the House of Representatives and
the Committee on Energy and Natural Resources of the Senate that--
``(1) there is insufficient global supply of molybdenum-99
produced without the use of highly enriched uranium available to
satisfy the domestic United States market; and
``(2) the export of United States-origin highly enriched
uranium for the purposes of medical isotope production is the
most effective temporary means to increase the supply of
molybdenum-99 to the domestic United States market.
``e. <<NOTE: Federal Register, publication.>> Public Notice.--To
ensure public review and comment, the development of the certification
described in subsection d. shall be carried out through announcement in
the Federal Register.
``f. Joint Certification.--
``(1) In general.--In accordance with paragraph (2), the ban
on the export of highly enriched uranium for purposes of medical
isotope production referred to in subsections c. and d. shall
not go into effect unless the Secretary of Energy and the
Secretary of Health and Human Services have jointly certified
that--
``(A) there is a sufficient supply of molybdenum-99
produced without the use of highly enriched uranium
available to meet the needs of patients in the United
States; and
``(B) it is not necessary to export United States-
origin highly enriched uranium for the purposes of
medical isotope production in order to meet United
States patient needs.
``(2) <<NOTE: Deadline. Time period. Extension.>> Time of
certification.--The joint certification under paragraph (1)
shall be made not later than 7 years after the date of enactment
of the American Medical Isotopes Production Act of 2012, except
that, if the period referred to in subsection c. is extended
under subsection d., the 7-year deadline under this paragraph
shall be extended by a period equal to the period of such
extension under subsection d.
``g. <<NOTE: Time period.>> Suspension of Medical Production
License.--At any time after the restriction of export licenses provided
for in subsection c. becomes effective, if there is a critical shortage
in the supply of molybdenum-99 available to satisfy the domestic United
States medical isotope needs, the restriction of export licenses may be
suspended for a period of no more than 12 months, if--
``(1) <<NOTE: Certification.>> the Secretary of Energy
certifies to the Congress that the export of United States-
origin highly enriched uranium
[[Page 126 STAT. 2215]]
for the purposes of medical isotope production is the only
effective temporary means to increase the supply of molybdenum-
99 necessary to meet United States medical isotope needs during
that period; and
``(2) the Congress enacts a Joint Resolution approving the
temporary suspension of the restriction of export licenses.
``h. Definitions.--As used in this section--
``(1) the term `alternative nuclear reactor fuel or target'
means a nuclear reactor fuel or target which is enriched to less
than 20 percent in the isotope U-235;
``(2) the term `highly enriched uranium' means uranium
enriched to 20 percent or more in the isotope U-235;
``(3) a fuel or target `can be used' in a nuclear research
or test reactor if--
``(A) the fuel or target has been qualified by the
Reduced Enrichment Research and Test Reactor Program of
the Department of Energy; and
``(B) use of the fuel or target will permit the
large majority of ongoing and planned experiments and
medical isotope production to be conducted in the
reactor without a large percentage increase in the total
cost of operating the reactor; and
``(4) the term `medical isotope' includes molybdenum-99,
iodine-131, xenon-133, and other radioactive materials used to
produce a radiopharmaceutical for diagnostic or therapeutic
procedures or for research and development.''.
SEC. 3175. REPORT ON DISPOSITION OF EXPORTS.
Not later than 1 year after the date of the enactment of this Act,
the Chairman of the Nuclear Regulatory Commission, after consulting with
other relevant agencies, shall submit to the Congress a report detailing
the current disposition of previous United States exports of highly
enriched uranium used as fuel or targets in a nuclear research or test
reactor, including--
(1) their location;
(2) whether they are irradiated;
(3) whether they have been used for the purpose stated in
their export license;
(4) whether they have been used for an alternative purpose
and, if so, whether such alternative purpose has been explicitly
approved by the Commission;
(5) the year of export, and reimportation, if applicable;
(6) their current physical and chemical forms; and
(7) whether they are being stored in a manner which
adequately protects against theft and unauthorized access.
SEC. 3176. DOMESTIC MEDICAL ISOTOPE PRODUCTION.
(a) In General.--Chapter 10 of the Atomic Energy Act of 1954 (42
U.S.C. 2131 et seq.) is amended by adding at the end the following:
``a. <<NOTE: 42 USC 2142.>> The Commission may issue a license, or
grant an amendment to an existing license, for the use in the United
States of highly enriched uranium as a target for medical isotope
production in a nuclear reactor, only if, in addition to any other
requirement of this Act--
``(1) <<NOTE: Determination.>> the Commission determines
that--
``(A) there is no alternative medical isotope
production target that can be used in that reactor; and
[[Page 126 STAT. 2216]]
``(B) the proposed recipient of the medical isotope
production target has provided assurances that, whenever
an alternative medical isotope production target can be
used in that reactor, it will use that alternative in
lieu of highly enriched uranium; and
``(2) <<NOTE: Certification.>> the Secretary of Energy has
certified that the United States Government is actively
supporting the development of an alternative medical isotope
production target that can be used in that reactor.
``b. <<NOTE: Definitions.>> As used in this section--
``(1) the term `alternative medical isotope production
target' means a nuclear reactor target which is enriched to less
than 20 percent of the isotope U-235;
``(2) a target `can be used' in a nuclear research or test
reactor if--
``(A) the target has been qualified by the Reduced
Enrichment Research and Test Reactor Program of the
Department of Energy; and
``(B) use of the target will permit the large
majority of ongoing and planned experiments and medical
isotope production to be conducted in the reactor
without a large percentage increase in the total cost of
operating the reactor;
``(3) the term `highly enriched uranium' means uranium
enriched to 20 percent or more in the isotope U-235; and
``(4) the term `medical isotope' includes molybdenum-99,
iodine-131, xenon-133, and other radioactive materials used to
produce a radiopharmaceutical for diagnostic or therapeutic
procedures or for research and development.''.
(b) Table of Contents.--The table of contents for the Atomic Energy
Act of 1954 is amended by inserting the following new item at the end of
the items relating to chapter 10 of title I:
``Sec. 112. Domestic medical isotope production.''.
SEC. 3177. ANNUAL DEPARTMENT REPORTS.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, and annually thereafter for 5 years, the Secretary shall
report to Congress on Department actions to support the production in
the United States, without the use of highly enriched uranium, of
molybdenum-99 for medical uses.
(b) Contents.--The reports shall include the following:
(1) For medical isotope development projects--
(A) the names of any recipients of Department
support under section 3173;
(B) the amount of Department funding committed to
each project;
(C) the milestones expected to be reached for each
project during the year for which support is provided;
(D) how each project is expected to support the
increased production of molybdenum-99 for medical uses;
(E) the findings of the evaluation of projects under
section 3173(a)(2); and
(F) the ultimate use of any Department funds used to
support projects under section 3173.
(2) A description of actions taken in the previous year by
the Secretary to ensure the safe disposition of spent nuclear
[[Page 126 STAT. 2217]]
fuel and radioactive waste for which the Department is
responsible under section 3173(c).
SEC. 3178. NATIONAL ACADEMY OF SCIENCES REPORT.
(a) In General.--The Secretary shall enter into an arrangement with
the National Academy of Sciences to conduct a study of the state of
molybdenum-99 production and utilization, to be provided to Congress not
later than 5 years after the date of enactment of this Act.
(b) Contents.--The report shall include the following:
(1) For molybdenum-99 production--
(A) a list of all facilities in the world producing
molybdenum-99 for medical uses, including an indication
of whether these facilities use highly enriched uranium
in any way;
(B) a review of international production of
molybdenum-99 over the previous 5 years, including--
(i) whether any new production was brought
online;
(ii) whether any facilities halted production
unexpectedly; and
(iii) whether any facilities used for
production were decommissioned or otherwise
permanently removed from service; and
(C) an assessment of progress made in the previous 5
years toward establishing domestic production of
molybdenum-99 for medical uses, including the extent to
which other medical isotopes that have been produced
with molybdenum-99, such as iodine-131 and xenon-133,
are being used for medical purposes.
(2) An assessment of the progress made by the Department and
others to eliminate all worldwide use of highly enriched uranium
in reactor fuel, reactor targets, and medical isotope production
facilities.
TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD
Sec. 3201. Authorization.
Sec. 3202. Improvements to the Defense Nuclear Facilities Safety Board.
SEC. 3201. AUTHORIZATION.
There are authorized to be appropriated for fiscal year 2013,
$29,415,000 for the operation of the Defense Nuclear Facilities Safety
Board under chapter 21 of the Atomic Energy Act of 1954 (42 U.S.C. 2286
et seq.).
SEC. 3202. IMPROVEMENTS TO THE DEFENSE NUCLEAR FACILITIES SAFETY
BOARD.
(a) Establishment.--Section 311 of the Atomic Energy Act of 1954 (42
U.S.C. 2286) is amended--
(1) in subsection (b), by striking paragraph (4);
(2) in subsection (c)--
(A) in the heading, by striking ``and Vice
Chairman'' and inserting ``, Vice Chairman, and
Members'';
[[Page 126 STAT. 2218]]
(B) in paragraph (2), by striking ``The Chairman''
and inserting ``In accordance with paragraph (5), the
Chairman''; and
(C) by adding at the end the following new
paragraph:
``(5) Each member of the Board, including the Chairman and Vice
Chairman, shall--
``(A) have equal responsibility and authority in
establishing decisions and determining actions of the Board;
``(B) have full access to all information relating to the
performance of the Board's functions, powers, and mission; and
``(C) have one vote.''.
(b) Mission and Functions.--
(1) In general.--Section 312 of the Atomic Energy Act of
1954 (42 U.S.C. 2286a) is amended--
(A) in the heading, by inserting ``mission and''
before ``functions'';
(B) by redesignating subsections (a) and (b) as
subsections (b) and (c), respectively;
(C) by inserting before subsection (b), as
redesignated by subparagraph (B), the following new
subsection (a):
``(a) Mission.--The mission of the Board shall be to provide
independent analysis, advice, and recommendations to the Secretary of
Energy to inform the Secretary, in the role of the Secretary as operator
and regulator of the defense nuclear facilities of the Department of
Energy, in providing adequate protection of public health and safety at
such defense nuclear facilities.''; and
(D) in subsection (b), as so redesignated--
(i) in the heading, by striking ``In General''
and inserting ``Functions''; and
(ii) in paragraph (5), by inserting ``, and
specifically assess risk (whenever sufficient data
exists),'' after ``shall consider''.
(2) Clerical amendment.--The table of contents for the
Atomic Energy Act of 1954 is amended by striking the item
relating to section 312 and inserting the following new item:
``Sec. 312. Mission and functions of the Board.''.
(c) Board Recommendations.--
(1) In general.--Section 315 of the Atomic Energy Act of
1954 (42 U.S.C. 2286d) is amended--
(A) by redesignating subsections (a) through (h) as
subsections (b) through (i), respectively;
(B) by inserting before subsection (b), as
redesignated by subparagraph (A), the following new
subsection:
``(a) <<NOTE: Deadlines.>> Submission of Recommendations.--(1)
Subject to subsections (h) and (i), not later than 30 days before the
date on which the Board transmits a recommendation to the Secretary of
Energy under section 312, the Board shall transmit to the Secretary in
writing a draft of such recommendation and any related findings,
supporting data, and analyses to ensure the Secretary is adequately
informed of a formal recommendation and to provide the Secretary an
opportunity to provide input to the Board before such recommendation is
finalized.
``(2) The Secretary may provide to the Board comments on a draft
recommendation transmitted by the Board under paragraph (1) by not later
than 30 days after the date on which the Secretary
[[Page 126 STAT. 2219]]
receives the draft recommendation. The Board may grant, upon request by
the Secretary, additional time for the Secretary to transmit comments to
the Board.
``(3) After the period of time in which the Secretary may provide
comments under paragraph (2) elapses, the Board may transmit a final
recommendation to the Secretary.''; and
(C) by amending subsection (b), as so redesignated,
to read as follows:
``(b) Public Availability and Comment.--Subject to subsections (h)
and (i), after the Secretary of Energy receives a recommendation from
the Board under subsection (a)(3), the Board shall promptly make
available to the public such recommendation and any related
correspondence from the Secretary by--
``(1) providing such recommendation and correspondence to
the public in the regional public reading rooms of the
Department of Energy; and
``(2) <<NOTE: Federal Register, publication.>> publishing
in the Federal Register--
``(A) such recommendation and correspondence; and
``(B) a request for the submission to the Board of
public comments on such recommendation that provides
interested persons with 30 days after the date of the
publication in which to submit comments, data, views, or
arguments to the Board concerning the recommendation.''.
(2) Technical and conforming amendments.--Such section 315
is further amended--
(A) in subsection (c), as redesignated by paragraph
(1)(A)--
(i) in paragraph (1), by striking ``subsection
(a)'' and inserting ``subsection (b)''; and
(ii) in paragraph (2), by striking
``subsection (h)'' and inserting ``subsection
(i)'';
(B) in subsection (d), as so redesignated, by
striking ``subsection (a) or (b)'' and inserting
``subsection (b) or (c)'';
(C) in subsection (e), as so redesignated--
(i) by striking ``subsection (b)(1)'' and
inserting ``subsection (c)(1)''; and
(ii) by striking ``subsection (h)'' and
inserting ``subsection (i)'';
(D) in subsection (g), as so redesignated--
(i) in paragraph (1), as so redesignated, by
striking ``subsection (e)'' and inserting
``subsection (f)''; and
(ii) in paragraph (2), by striking ``, to the
Committees on Armed Services and on Appropriations
of the Senate, and to the Speaker of the House of
Representatives'' and inserting ``and to such
committees'';
(E) in subsection (h), as so redesignated--
(i) in paragraph (1), as so redesignated, by
striking ``through (d)'' and inserting ``through
(e)''; and
(ii) in paragraph (3), by striking ``and the
Speaker''; and
(F) by striking ``Committees on Armed Services and
on Appropriations of the Senate and to the Speaker of
the House of Representatives'' each place it appears and
inserting ``Committees on Armed Services,
Appropriations, and Energy and Commerce of the House of
Representatives and the Committees on Armed Services,
Appropriations, and Energy and Natural Resources of the
Senate''.
[[Page 126 STAT. 2220]]
(d) Reports.--Section 316 of the Atomic Energy Act of 1954 (42
U.S.C. 2286e) is amended by striking ``Committees on Armed Services and
on Appropriations of the Senate and to the Speaker of the House of
Representatives'' each place it appears and inserting ``Committees on
Armed Services, Appropriations, and Energy and Commerce of the House of
Representatives and the Committees on Armed Services, Appropriations,
and Energy and Natural Resources of the Senate''.
(e) Information to Congress.--Section 320 of the Atomic Energy Act
of 1954 (42 U.S.C. 2286h-1) is amended--
(1) by striking ``submitted to the Congress'' and inserting
``submitted to the Committees on Armed Services, Appropriations,
and Energy and Commerce of the House of Representatives and the
Committees on Armed Services, Appropriations, and Energy and
Natural Resources of the Senate''; and
(2) by striking ``the Congress.'' and inserting ``such
committees.''.
(f) Inspector General.--
(1) In general.--Chapter 21 of the Atomic Energy Act of 1954
(42 U.S.C. 2286 et seq.) is amended by adding at the end the
following new section:
``SEC. 322. <<NOTE: 42 USC 2286k.>> INSPECTOR GENERAL.
``(a) <<NOTE: Deadline. Contracts.>> In General.--Not later than
October 1, 2013, the Board shall enter into an agreement with an agency
of the Federal Government to procure the services of the Inspector
General of such agency for the Board, in accordance with the Inspector
General Act of 1978 (5 U.S.C. App.). Such Inspector General shall have
expertise relating to the mission of the Board.
``(b) Budget.--In the budget materials submitted to the President by
the Board in connection with the submission to Congress, pursuant to
section 1105 of title 31, United States Code, of the budget for each
fiscal year, the Board shall ensure that a separate, dedicated
procurement line item is designated for the services of an Inspector
General under subsection (a).''.
(2) Clerical amendment.--The table of contents for the
Atomic Energy Act of 1954 is amended by inserting after the item
relating to section 321 the following new item:
``Sec. 322. Inspector General.''.
(g) Technical Amendment.--Section 313(j)(2) of the Atomic Energy Act
of 1954 (42 U.S.C. 2286b) is amended by striking ``section'' and all
that follows through ``implementation'' and inserting ``section
312(b)(1), the implementation''.
(h) <<NOTE: 42 USC 2286 note.>> Safety Standards.--Nothing in this
section or in the amendments made by this section shall be construed to
cause a reduction in nuclear safety standards.
TITLE XXXIV--NAVAL PETROLEUM RESERVES
Sec. 3401. Authorization of appropriations.
SEC. 3401. AUTHORIZATION OF APPROPRIATIONS.
(a) Amount.--There are hereby authorized to be appropriated to the
Secretary of Energy $14,909,000 for fiscal year 2013 for
[[Page 126 STAT. 2221]]
the purpose of carrying out activities under chapter 641 of title 10,
United States Code, relating to the naval petroleum reserves.
(b) Period of Availability.--Funds appropriated pursuant to the
authorization of appropriations in subsection (a) shall remain available
until expended.
TITLE XXXV--MARITIME ADMINISTRATION
Sec. 3501. Authorization of appropriations for national security aspects
of the merchant marine for fiscal year 2013.
Sec. 3502. Application of the Federal Acquisition Regulation.
Sec. 3503. Limitation of National Defense Reserve Fleet vessels to those
over 1,500 gross tons.
Sec. 3504. Donation of excess fuel to maritime academies.
Sec. 3505. Clarification of heading.
Sec. 3506. Transfer of vessels to the National Defense Reserve Fleet.
Sec. 3507. Amendments relating to the National Defense Reserve Fleet.
Sec. 3508. Extension of Maritime Security Fleet program.
Sec. 3509. Container-on-barge transportation.
Sec. 3510. Short sea transportation.
Sec. 3511. Maritime environmental and technical assistance.
Sec. 3512. Identification of actions to enable qualified United States
flag capacity to meet national defense requirements.
Sec. 3513. Maritime workforce study.
Sec. 3514. Maritime administration vessel recycling contract award
practices.
Sec. 3515. Requirement for barge design.
Sec. 3516. Eligibility to receive surplus training equipment.
Sec. 3517. Coordination with other laws.
SEC. 3501. AUTHORIZATION OF APPROPRIATIONS FOR NATIONAL SECURITY
ASPECTS OF THE MERCHANT MARINE FOR
FISCAL YEAR 2013.
Funds are hereby authorized to be appropriated for fiscal year 2013,
to be available without fiscal year limitation if so provided in
appropriations Acts, for the use of the Department of Transportation for
Maritime Administration programs associated with maintaining national
security aspects of the merchant marine, as follows:
(1) For expenses necessary for operations of the United
States Merchant Marine Academy, $77,253,000, of which--
(A) $67,253,000 shall remain available until
expended for Academy operations; and
(B) $10,000,000 shall remain available until
expended for capital asset management at the Academy.
(2) For expenses necessary to support the State maritime
academies, $16,045,000, of which--
(A) $2,400,000 shall remain available until expended
for student incentive payments;
(B) $2,545,000 shall remain available until expended
for direct payments to such academies; and
(C) $11,100,000 shall remain available until
expended for maintenance and repair of State maritime
academy training vessels.
(3) For expenses necessary to dispose of vessels in the
National Defense Reserve Fleet, $12,717,000, to remain available
until expended.
(4) For expenses to maintain and preserve a United States-
flag merchant marine to serve the national security needs of the
United States under chapter 531 of title 46, United States Code,
$186,000,000.
[[Page 126 STAT. 2222]]
(5) For the cost (as defined in section 502(5) of the
Federal Credit Reform Act of 1990 (2 U.S.C. 661a(5)) of loan
guarantees under the program authorized by chapter 537 of title
46, United States Code, $3,750,000, all of which shall remain
available until expended for administrative expenses of the
program.
SEC. 3502. APPLICATION OF THE FEDERAL ACQUISITION REGULATION.
Section 3502(b) of the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001, as enacted into law by Public
Law 106-398 (114 Stat. 1654A-490), <<NOTE: 16 USC 5405 note.>> is
amended by striking ``the enactment of this Act'' and inserting
``contract award''.
SEC. 3503. LIMITATION OF NATIONAL DEFENSE RESERVE FLEET VESSELS TO
THOSE OVER 1,500 GROSS TONS.
Section 57101(a) of title 46, United States Code, is amended by
inserting ``of 1,500 gross tons or more or such other vessels as the
Secretary of Transportation shall determine are appropriate'' after
``Administration''.
SEC. 3504. DONATION OF EXCESS FUEL TO MARITIME ACADEMIES.
Section 51103(b) of title 46, United States Code, is amended by
striking so much as precedes paragraph (2) and inserting the following:
``(b) Property for Instructional Purposes.--
``(1) In general.--The Secretary of Transportation may
cooperate with and assist the institutions named in paragraph
(2) by making vessels, fuel, shipboard equipment, and other
marine equipment, owned by the United States Government and
determined by the entity having custody and control of such
property to be excess or surplus, available to those
institutions for instructional purposes, by gift, loan, sale,
lease, or charter on terms and conditions the Secretary
considers appropriate. The consent of the Secretary of the Navy
shall be obtained with respect to any property from National
Defense Reserve Fleet vessels (50 U.S.C. App. 1744) where such
vessels are either Ready Reserve Force vessels or other National
Defense Reserve Fleet vessels determined to be of sufficient
value to the Navy to warrant their further preservation and
retention.''.
SEC. 3505. CLARIFICATION OF HEADING.
(a) In General.--The section designation and heading for section
57103 of title 46, United States Code, is amended to read as follows:
``Sec. 57103. Donation of nonretention vessels in the National
Defense Reserve Fleet''.
(b) Clerical Amendment.--The analysis for chapter 571 of title 46,
United States Code, is amended by striking the item relating to section
57103 and inserting the following:
``57103. Donation of nonretention vessels in the National Defense
Reserve Fleet.''.
SEC. 3506. TRANSFER OF VESSELS TO THE NATIONAL DEFENSE RESERVE
FLEET.
Section 57101 of title 46, United States Code, is amended by adding
at the end the following:
``(c) Authority of Federal Entities To Transfer Vessels.--All
Federal entities are authorized to transfer vessels to the
[[Page 126 STAT. 2223]]
National Defense Reserve Fleet without reimbursement subject to the
approval of the Secretary of Transportation and the Secretary of the
Navy with respect to Ready Reserve Force vessels and the Secretary of
Transportation with respect to all other vessels.''.
SEC. 3507. AMENDMENTS RELATING TO THE NATIONAL DEFENSE RESERVE
FLEET.
Subparagraphs (B), (C), and (D) of section 11(c)(1) of the Merchant
Ship Sales Act of 1946 (50 U.S.C. App. 1744(c)(1)) are amended to read
as follows:
``(B) activate and conduct sea trials on each vessel
at a frequency that is deemed necessary;
``(C) maintain and adequately crew, as necessary, in
an enhanced readiness status those vessels that are
scheduled to be activated in 5 or less days;
``(D) locate those vessels that are scheduled to be
activated near embarkation ports specified for those
vessels; and''.
SEC. 3508. EXTENSION OF MARITIME SECURITY FLEET PROGRAM.
(a) Definitions.--Section 53101 of title 46, United States Code, is
amended--
(1) by amending paragraph (4) to read as follows:
``(4) Foreign commerce.--The term `foreign commerce' means--
``(A) commerce or trade between the United States,
its territories or possessions, or the District of
Columbia, and a foreign country; and
``(B) commerce or trade between foreign
countries.'';
(2) by striking paragraph (5);
(3) by redesignating paragraphs (6) through (13) as
paragraphs (5) through (12), respectively; and
(4) by amending paragraph (5), as so redesignated, to read
as follows:
``(5) <<NOTE: Effective dates.>> Participating fleet
vessel.--The term `participating fleet vessel' means any vessel
that--
``(A) on October 1, 2015--
``(i) meets the requirements of paragraph (1),
(2), (3), or (4) of section 53102(c); and
``(ii) is less than 20 years of age if the
vessel is a tank vessel, or is less than 25 years
of age for all other vessel types; and
``(B) on December 31, 2014, is covered by an
operating agreement under this chapter.''.
(b) Vessel Eligibility.--Section 53102(b) of such title is amended
to read as follows:
``(b) Vessel Eligibility.--A vessel is eligible to be included in
the Fleet if--
``(1) the vessel meets the requirements of paragraph (1),
(2), (3), or (4) of subsection (c);
``(2) the vessel is operated (or in the case of a vessel to
be constructed, will be operated) in providing transportation in
foreign commerce;
``(3) the vessel is self-propelled and--
``(A) is a tank vessel that is 10 years of age or
less on the date the vessel is included in the Fleet; or
``(B) is any other type of vessel that is 15 years
of age or less on the date the vessel is included in the
Fleet;
[[Page 126 STAT. 2224]]
``(4) the vessel--
``(A) is suitable for use by the United States for
national defense or military purposes in time of war or
national emergency, as determined by the Secretary of
Defense; and
``(B) is commercially viable, as determined by the
Secretary; and
``(5) the vessel--
``(A) is a United States-documented vessel; or
``(B) is not a United States-documented vessel,
but--
``(i) the owner of the vessel has demonstrated
an intent to have the vessel documented under
chapter 121 of this title if it is included in the
Fleet; and
``(ii) at the time an operating agreement for
the vessel is entered into under this chapter, the
vessel is eligible for documentation under chapter
121 of this title.''.
(c) Operating Agreements.--Section 53103 of such title is amended--
(1) by amending subsection (b) to read as follows:
``(b) Extension of Existing Operating Agreements.--
``(1) <<NOTE: Deadlines.>> Offer to extend.--Not later than
60 days after the date of enactment of this paragraph, the
Secretary shall offer, to an existing contractor, to extend,
through September 30, 2025, an operating agreement that is in
existence on the date of enactment of this paragraph. The terms
and conditions of the extended operating agreement shall include
terms and conditions authorized under this chapter, as amended
from time to time.
``(2) Time limit.--An existing contractor shall have not
later than 120 days after the date the Secretary offers to
extend an operating agreement to agree to the extended operating
agreement.
``(3) Subsequent award.--The Secretary may award an
operating agreement to an applicant that is eligible to enter
into an operating agreement for fiscal years 2016 through 2025
if the existing contractor does not agree to the extended
operating agreement under paragraph (2).''; and
(2) by amending subsection (c) to read as follows:
``(c) Procedure for Awarding New Operating Agreements.--The
Secretary may enter into a new operating agreement with an applicant
that meets the requirements of section 53102(c) (for vessels that meet
the qualifications of section 53102(b)) on the basis of priority for
vessel type established by military requirements of the Secretary of
Defense. <<NOTE: Time period.>> The Secretary shall allow an applicant
at least 30 days to submit an application for a new operating agreement.
After consideration of military requirements, priority shall be given to
an applicant that is a United States citizen under section 50501 of this
title. The Secretary may not approve an application without the consent
of the Secretary of Defense. The Secretary shall enter into an operating
agreement with the applicant or provide a written reason for denying the
application.''.
(d) Repeal of Early Termination by Contractor.--Section 53104 of
such title is amended--
(1) in subsection (c), by striking paragraph (3); and
[[Page 126 STAT. 2225]]
(2) in subsection (e), by striking ``an operating agreement
under this chapter is terminated under subsection (c)(3), or
if''.
(e) Transfer of Operating Agreements.--Section 53105 of such title
is amended--
(1) by amending subsection (e) to read as follows:
``(e) <<NOTE: Determination.>> Transfer of Operating Agreements.--A
contractor under an operating agreement may transfer the agreement
(including all rights and obligations under the operating agreement) to
any person that is eligible to enter into the operating agreement under
this chapter if the Secretary and the Secretary of Defense determine
that the transfer is in the best interests of the United States. A
transaction shall not be considered a transfer of an operating agreement
if the same legal entity with the same vessels remains the contracting
party under the operating agreement.''; and
(2) by amending subsection (f) to read as follows:
``(f) Replacement Vessels.--A contractor may replace a vessel under
an operating agreement with another vessel that is eligible to be
included in the Fleet under section 53102(b), if the Secretary, in
conjunction with the Secretary of Defense, approves the replacement of
the vessel.''.
(f) Payments.--Section 53106 of such title is amended--
(1) in subsection (a)(1), by striking ``and'' after the
semicolon at the end of subparagraph (B), and by striking
subparagraph (C) and inserting the following:
``(C) $3,100,000 for each of fiscal years 2012,
2013, 2014, 2015, 2016, 2017, and 2018;
``(D) $3,500,000 for each of fiscal years 2019,
2020, and 2021; and
``(E) $3,700,000 for each of fiscal years 2022,
2023, 2024, and 2025.'';
(2) in subsection (c)(3)(C), by striking ``a LASH vessel.''
and inserting ``a lighter aboard ship vessel.''; and
(3) by striking subsection (f).
(g) Emergency Preparedness Agreements.--Section 53107(b)(1) of such
title is amended to read as follows:
``(1) In general.--An Emergency Preparedness Agreement under
this section shall require that a contractor for a vessel
covered by an operating agreement under this chapter shall make
commercial transportation resources (including services)
available, upon request by the Secretary of Defense during a
time of war or national emergency, or whenever the Secretary of
Defense determines that it is necessary for national security or
contingency operation (as that term is defined in section 101 of
title 10, United States Code).''.
(h) Repeal of Waiver of Age Restriction.--Section 53109 of such
title is repealed.
(i) Authorization of Appropriations.--Section 53111 of such title is
amended--
(1) by striking ``and'' at the end of paragraph (2); and
(2) by amending paragraph (3) to read as follows:
``(3) $186,000,000 for each of fiscal years 2012, 2013,
2014, 2015, 2016, 2017, and 2018;
``(4) $210,000,000 for each of fiscal years 2019, 2020, and
2021; and
``(5) $222,000,000 for each fiscal year thereafter through
fiscal year 2025.''.
[[Page 126 STAT. 2226]]
(j) <<NOTE: 46 USC 53101 note.>> Effective Date of Amendments.--The
amendments made by--
(1) paragraphs (2), (3), and (4) of subsection (a) take
effect on December 31, 2014; and
(2) subsection (f)(2) take effect on December 31, 2014.
SEC. 3509. CONTAINER-ON-BARGE TRANSPORTATION.
(a) Assessment.--The Maritime Administrator shall assess the
potential for using container-on-barge transportation in short sea
transportation (as such term is defined in section 55605 of title 46,
United States Code).
(b) Factors.--In conducting the assessment under subsection (a), the
Administrator shall consider--
(1) the environmental benefits of increasing container-on-
barge movements in short sea transportation;
(2) the regional differences in the use of short sea
transportation;
(3) the existing programs established at coastal and Great
Lakes ports for establishing awareness of deep sea shipping
operations;
(4) the mechanisms necessary to ensure that implementation
of a plan under subsection (c) will not be inconsistent with
antitrust laws; and
(5) the potential frequency of container-on-barge service at
short sea transportation ports.
(c) Recommendations.--The assessment under subsection (a) may
include recommendations for a plan to increase awareness of the
potential for use of container-on-barge transportation.
(d) Deadline.--Not later than 180 days after the date of enactment
of this title, the Administrator shall submit the assessment required
under this section to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives.
SEC. 3510. SHORT SEA TRANSPORTATION.
(a) Purpose.--Section 55601 of title 46, United States Code, is
amended--
(1) in subsection (a), by striking ``landside congestion.''
and inserting ``landside congestion or to promote short sea
transportation.'';
(2) in subsection (c), by striking ``coastal corridors'' and
inserting ``coastal corridors or to promote short sea
transportation'';
(3) in subsection (d), by striking ``that the project may''
and all that follows through the end of the subsection and
inserting ``that the project uses documented vessels and--
``(1) mitigates landside congestion; or
``(2) promotes short sea transportation.''; and
(4) in subsection (f), by striking ``shall'' each place it
appears and inserting ``may''.
(b) Documentation.--Section 55605 of title 46, United States Code,
is amended in the matter preceding paragraph (1) by striking ``by
vessel'' and inserting ``by a documented vessel''.
SEC. 3511. MARITIME ENVIRONMENTAL AND TECHNICAL ASSISTANCE.
(a) In General.--Chapter 503 of title 46, United States Code, is
amended by adding at the end the following:
[[Page 126 STAT. 2227]]
``Sec. 50307. Maritime environmental and technical assistance
``(a) In General.--The Secretary of Transportation may engage in the
environmental study, research, development, assessment, and deployment
of emerging marine technologies and practices related to the marine
transportation system through the use of public vessels under the
control of the Maritime Administration or private vessels under United
States registry, and through partnerships and cooperative efforts with
academic, public, private, and non-governmental entities and facilities.
``(b) Requirements.--The Secretary of Transportation may--
``(1) identify, study, evaluate, test, demonstrate, or
improve emerging marine technologies and practices that are
likely to achieve environmental improvements by--
``(A) reducing air emissions, water emissions, or
other ship discharges;
``(B) increasing fuel economy or the use of
alternative fuels and alternative energy (including the
use of shore power); or
``(C) controlling aquatic invasive species; and
``(2) coordinate with the Environmental Protection Agency,
the United States Coast Guard, and other Federal, State, local,
or tribal agencies, as appropriate.
``(c) Coordination.--Coordination under subsection (b)(2) may
include--
``(1) activities that are associated with the development or
approval of validation and testing regimes; and
``(2) certification or validation of emerging technologies
or practices that demonstrate significant environmental
benefits.
``(d) Assistance.--The Secretary of Transportation may accept gifts,
or enter into cooperative agreements, contracts, or other agreements
with academic, public, private, and non-governmental entities to carry
out the activities authorized under subsection (a).''.
(b) Conforming Amendment.--The table of contents for chapter 503 of
title 46, United States Code, is amended by inserting after the item
relating to section 50306 the following:
``50307. Maritime environmental and technical assistance.''.
SEC. 3512. IDENTIFICATION OF ACTIONS TO ENABLE QUALIFIED UNITED
STATES FLAG CAPACITY TO MEET NATIONAL
DEFENSE REQUIREMENTS.
Section 501(b) of title 46, United States Code, is amended--
(1) by striking ``When the head'' and inserting the
following:
``(1) In general.--When the head''; and
(2) by adding at the end the following:
``(2) Determinations.--The Maritime Administrator shall--
``(A) for each determination referred to in
paragraph (1), identify any actions that could be taken
to enable qualified United States flag capacity to meet
national defense requirements;
``(B) <<NOTE: Notification.>> provide notice of
each such determination to the Secretary of
Transportation and the head of the agency referred to in
paragraph (1) for which the determination is made; and
``(C) <<NOTE: Web posting. Deadline.>> publish each
such determination on the Internet Web site of the
Department of Transportation not later
[[Page 126 STAT. 2228]]
than 48 hours after notice of the determination is
provided to the Secretary of Transportation.
``(3) Notice to congress.--
``(A) <<NOTE: Deadlines.>> In general.--The head of
an agency referred to in paragraph (1) shall notify the
Committee on Transportation and Infrastructure and the
Committee on Armed Services of the House of
Representatives and the Committee on Commerce, Science,
and Transportation and the Committee on Armed Services
of the Senate--
``(i) of any request for a waiver of the
navigation or vessel-inspection laws under this
section not later than 48 hours after receiving
such a request; and
``(ii) of the issuance of any such waiver not
later than 48 hours after such issuance.
``(B) Contents.--Such head of an agency shall
include in each notification under subparagraph (A)(ii)
an explanation of--
``(i) the reasons the waiver is necessary; and
``(ii) the reasons actions referred to in
paragraph (2)(A) are not feasible.''.
SEC. 3513. MARITIME WORKFORCE STUDY.
(a) Training Study.--The Comptroller General of the United States
shall conduct a study on the training needs of the maritime workforce.
(b) Study Components.--The study shall--
(1) analyze the impact of maritime training requirements
imposed by domestic and international regulations and
conventions, companies, and government agencies that charter or
operate vessels;
(2) evaluate the ability of the United States maritime
training infrastructure to meet the needs of the maritime
industry;
(3) identify trends in maritime training;
(4) compare the training needs of United States mariners
with the vocational training and educational assistance programs
available from Federal agencies to evaluate the ability of
Federal programs to meet the training needs of United States
mariners;
(5) include recommendations to enhance the capabilities of
the United States maritime training infrastructure; and
(6) include recommendations to assist United States mariners
and those entering the maritime profession to achieve the
required training.
(c) Final Report.--Not later than 1 year after the date of enactment
of this title, the Comptroller General shall submit a report on the
results of the study to the Committee on Commerce, Science, and
Transportation and the Committee on Armed Services of the Senate and the
Committee on Transportation and Infrastructure and the Committee on
Armed Services of the House of Representatives.
SEC. 3514. MARITIME ADMINISTRATION VESSEL RECYCLING CONTRACT AWARD
PRACTICES.
(a) <<NOTE: Deadline. Assessment.>> In General.--Not later than 12
months after the date of enactment of this title, the Comptroller
General of the United States shall conduct an assessment of the source
selection procedures and practices used to award the Maritime
Administration's
[[Page 126 STAT. 2229]]
National Defense Reserve Fleet vessel recycling contracts. The
Comptroller General shall assess the process, procedures, and practices
used for the Maritime Administration's qualification of vessel recycling
facilities. <<NOTE: Reports.>> The Comptroller General shall report the
findings to the Committee on Commerce, Science, and Transportation and
the Committee on Armed Services of the Senate, and the Committee on
Transportation and Infrastructure and the Committee on Armed Services of
the House of Representatives.
(b) Assessment.--The assessment under subsection (a) shall include a
review of whether the Maritime Administration's contract source
selection procedures and practices are consistent with law, the Federal
Acquisition Regulation (FAR), and Federal best practices associated with
making source selection decisions.
(c) Considerations.--In making the assessment under subsection (a),
the Comptroller General may consider any other aspect of the Maritime
Administration's vessel recycling process that the Comptroller General
deems appropriate to review.
SEC. 3515. <<NOTE: Deadline.>> REQUIREMENT FOR BARGE DESIGN.
Not later than 270 days after the date of enactment of this title,
the Maritime Administrator shall complete the design for a
containerized, articulated barge, as identified in the dual-use vessel
study carried out by the Administrator and the Secretary of Defense,
that is able to utilize roll-on/roll-off or load-on/load-off technology
in marine highway maritime commerce.
SEC. 3516. ELIGIBILITY TO RECEIVE SURPLUS TRAINING EQUIPMENT.
Section 51103(b)(2)(C) of title 46, United States Code, is amended
by inserting ``or a training institution that is an instrumentality of a
State, Territory, or Commonwealth of the United States or District of
Columbia or a unit of local government thereof'' after ``a nonprofit
training institution''.
SEC. 3517. COORDINATION WITH OTHER LAWS.
(a) Earlier Enactment of Coast Guard and Maritime Transportation Act
of 2012.--If the date of the enactment of the Coast Guard and Maritime
Transportation Act of 2012 (H.R. 2838, 112th Congress) is before the
date of the enactment of this Act:
(1) Sections 3501, 3503 through 3507, and 3509 through 3516
of this Act, and any amendments made by those sections, shall
not go into effect.
(2) Section 501(b)(3)(A) of title 46, United States Code (as
added by section 301(2) of the Coast Guard and Maritime
Transportation Act of 2012), is amended by striking ``the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate'' and inserting ``the Committee on
Transportation and Infrastructure and the Committee on Armed
Services of the House of Representatives and the Committee on
Commerce, Science, and Transportation and the Committee on Armed
Services of the Senate''.
(3) Section 414(c) of the Coast Guard and Maritime
Transportation Act of 2012 is amended by striking ``the
Committee on Commerce, Science, and Transportation of the Senate
and the Committee on Transportation and Infrastructure of the
House of Representatives'' and inserting ``the Committee on
Commerce, Science, and Transportation and the Committee
[[Page 126 STAT. 2230]]
on Armed Services of the Senate and the Committee on
Transportation and Infrastructure and the Committee on Armed
Services of the House of Representatives''.
(b) Later Enactment of Coast Guard and Maritime Transportation Act
of 2012.--If the date of the enactment of the Coast Guard and Maritime
Transportation Act of 2012 (H.R. 2838, 112th Congress) is after the date
of the enactment of this Act, sections 301, 402 through 408, 410 through
412, 414, and 415 of such Act, and any amendments made by those
sections, shall not go into effect.
DIVISION D--FUNDING TABLES
Sec. 4001. Authorization of amounts in funding tables.
TITLE XLI--PROCUREMENT
Sec. 4101. Procurement.
Sec. 4102. Procurement for overseas contingency operations.
TITLE XLII--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Sec. 4201. Research, development, test, and evaluation.
Sec. 4202. Research, development, test, and evaluation for overseas
contingency operations.
TITLE XLIII--OPERATION AND MAINTENANCE
Sec. 4301. Operation and maintenance.
Sec. 4302. Operation and maintenance for overseas contingency
operations.
TITLE XLIV--MILITARY PERSONNEL
Sec. 4401. Military personnel.
Sec. 4402. Military personnel for overseas contingency operations.
TITLE XLV--OTHER AUTHORIZATIONS
Sec. 4501. Other authorizations.
Sec. 4502. Other authorizations for overseas contingency operations.
TITLE XLVI--MILITARY CONSTRUCTION
Sec. 4601. Military construction.
Sec. 4602. Military construction for overseas contingency operations.
TITLE XLVII--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Sec. 4701. Department of Energy National Security programs.
SEC. 4001. AUTHORIZATION OF AMOUNTS IN FUNDING TABLES.
(a) In General.--Whenever a funding table in this division specifies
a dollar amount authorized for a project, program, or activity, the
obligation and expenditure of the specified dollar amount for the
project, program, or activity is hereby authorized, subject to the
availability of appropriations.
[[Page 126 STAT. 2231]]
(b) Merit-based Decisions.--A decision to commit, obligate, or expend
funds with or to a specific entity on the basis of a dollar amount
authorized pursuant to subsection (a) shall--
(1) be based on merit-based selection procedures in
accordance with the requirements of sections 2304(k) and 2374 of
title 10, United States Code, or on competitive procedures; and
(2) comply with other applicable provisions of law.
(c) Relationship to Transfer and Programming Authority.--An amount
specified in the funding tables in this division may be transferred or
reprogrammed under a transfer or reprogramming authority provided by
another provision of this Act or by other law. The transfer or
reprogramming of an amount specified in such funding tables shall not
count against a ceiling on such transfers or reprogrammings under
section 1001 or section 1522 of this Act or any other provision of law,
unless such transfer or reprogramming would move funds between
appropriation accounts.
(d) Applicability to Classified Annex.--This section applies to any
classified annex that accompanies this Act.
(e) Oral and Written Communications.--No oral or written
communication concerning any amount specified in the funding tables in
this division shall supersede the requirements of this section.
TITLE XLI--PROCUREMENT
SEC. 4101. PROCUREMENT.
------------------------------------------------------------------------
SEC. 4101. PROCUREMENT (In Thousands of Dollars)
-------------------------------------------------------------------------
FY 2013 Conference
Line Item Request Authorized
------------------------------------------------------------------------
AIRCRAFT PROCUREMENT,
ARMY
FIXED WING
001 UTILITY F/W AIRCRAFT. 18,639 18,639
003 MQ-1 UAV............. 518,088 518,088
004 RQ-11 (RAVEN)........ 25,798 25,798
ROTARY
006 HELICOPTER, LIGHT 271,983 271,983
UTILITY (LUH).
007 AH-64 APACHE BLOCK 577,115 577,115
IIIA REMAN.
008 ADVANCE 107,707 107,707
PROCUREMENT (CY).
009 AH-64 APACHE BLOCK 153,993 153,993
IIIB NEW BUILD.
010 ADVANCE 146,121 146,121
PROCUREMENT (CY).
013 UH-60 BLACKHAWK M 1,107,087 1,107,087
MODEL (MYP).
014 ADVANCE 115,113 115,113
PROCUREMENT (CY).
015 CH-47 HELICOPTER..... 1,076,036 1,076,036
016 ADVANCE 83,346 83,346
PROCUREMENT (CY).
MODIFICATION OF
AIRCRAFT
018 MQ-1 PAYLOAD--UAS.... 231,508 231,508
020 GUARDRAIL MODS (MIP). 16,272 16,272
021 MULTI SENSOR ABN 4,294 4,294
RECON (MIP).
022 AH-64 MODS........... 178,805 178,805
023 CH-47 CARGO 39,135 39,135
HELICOPTER MODS
(MYP).
024 UTILITY/CARGO 24,842 24,842
AIRPLANE MODS.
026 UTILITY HELICOPTER 73,804 73,804
MODS.
027 KIOWA WARRIOR MODS... 192,484 192,484
029 NETWORK AND MISSION 190,789 190,789
PLAN.
030 COMMS, NAV 133,191 133,191
SURVEILLANCE.
031 GATM ROLLUP.......... 87,280 87,280
032 RQ-7 UAV MODS........ 104,339 104,339
GROUND SUPPORT
AVIONICS
034 AIRCRAFT 34,037 34,037
SURVIVABILITY
EQUIPMENT.
[[Page 126 STAT. 2232]]
036 CMWS................. 127,751 127,751
OTHER SUPPORT
037 AVIONICS SUPPORT 4,886 4,886
EQUIPMENT.
038 COMMON GROUND 82,511 82,511
EQUIPMENT.
039 AIRCREW INTEGRATED 77,381 77,381
SYSTEMS.
040 AIR TRAFFIC CONTROL.. 47,235 47,235
041 INDUSTRIAL FACILITIES 1,643 1,643
042 LAUNCHER, 2.75 ROCKET 516 516
TOTAL AIRCRAFT 5,853,729 5,853,729
PROCUREMENT,
ARMY.
MISSILE PROCUREMENT,
ARMY
SURFACE-TO-AIR
MISSILE SYSTEM
001 PATRIOT SYSTEM 646,590 696,590
SUMMARY.
Additional PAC-3 [50,000]
missiles.
002 MSE MISSILE.......... 12,850 12,850
AIR-TO-SURFACE
MISSILE SYSTEM
004 HELLFIRE SYS SUMMARY. 1,401 1,401
ANTI-TANK/ASSAULT
MISSILE SYS
005 JAVELIN (AAWS-M) 81,121 81,121
SYSTEM SUMMARY.
006 TOW 2 SYSTEM SUMMARY. 64,712 64,712
007 ADVANCE 19,931 19,931
PROCUREMENT (CY).
008 GUIDED MLRS ROCKET 218,679 218,679
(GMLRS).
009 MLRS REDUCED RANGE 18,767 18,767
PRACTICE ROCKETS
(RRPR).
010 HIGH MOBILITY 12,051 12,051
ARTILLERY ROCKET
SYSTEM.
MODIFICATIONS
011 PATRIOT MODS......... 199,565 199,565
013 MLRS MODS............ 2,466 2,466
014 HIMARS MODIFICATIONS. 6,068 6,068
SPARES AND REPAIR
PARTS
016 SPARES AND REPAIR 7,864 7,864
PARTS.
SUPPORT EQUIPMENT &
FACILITIES
017 AIR DEFENSE TARGETS.. 3,864 3,864
018 ITEMS LESS THAN $5 1,560 1,560
MILLION (MISSILES).
019 PRODUCTION BASE 5,200 5,200
SUPPORT.
TOTAL MISSILE 1,302,689 1,352,689
PROCUREMENT,
ARMY.
PROCUREMENT OF W&TCV,
ARMY
TRACKED COMBAT
VEHICLES
001 STRYKER VEHICLE...... 286,818 286,818
MODIFICATION OF
TRACKED COMBAT
VEHICLES
003 STRYKER (MOD)........ 60,881 60,881
004 FIST VEHICLE (MOD)... 57,257 57,257
005 BRADLEY PROGRAM (MOD) 148,193 288,193
Program increase. [140,000]
006 HOWITZER, MED SP FT 10,341 10,341
155MM M109A6 (MOD).
007 PALADIN PIM MOD IN 206,101 206,101
SERVICE.
008 IMPROVED RECOVERY 107,909 169,909
VEHICLE (M88A2
HERCULES).
Program increase. [62,000]
009 ASSAULT BREACHER 50,039 50,039
VEHICLE.
010 M88 FOV MODS......... 29,930 29,930
011 M1 ABRAMS TANK (MOD). 129,090 129,090
012 ABRAMS UPGRADE 74,433 210,433
PROGRAM.
Program increase. [136,000]
SUPPORT EQUIPMENT &
FACILITIES
013 PRODUCTION BASE 1,145 1,145
SUPPORT (TCV-WTCV).
WEAPONS & OTHER
COMBAT VEHICLES
014 INTEGRATED AIR BURST 506 506
WEAPON SYSTEM FAMILY.
017 LIGHTWEIGHT .50 25,183 0
CALIBER MACHINE GUN.
Program [-25,183]
termination.
019 MORTAR SYSTEMS....... 8,104 8,104
021 XM320 GRENADE 14,096 14,096
LAUNCHER MODULE
(GLM).
024 CARBINE.............. 21,272 21,272
025 SHOTGUN, MODULAR 6,598 6,598
ACCESSORY SYSTEM
(MASS).
026 COMMON REMOTELY 56,725 56,725
OPERATED WEAPONS
STATION.
027 HOWITZER LT WT 155MM 13,827 13,827
(T).
MOD OF WEAPONS AND
OTHER COMBAT VEH
029 M777 MODS............ 26,843 26,843
[[Page 126 STAT. 2233]]
030 M4 CARBINE MODS...... 27,243 27,243
031 M2 50 CAL MACHINE GUN 39,974 39,974
MODS.
032 M249 SAW MACHINE GUN 4,996 4,996
MODS.
033 M240 MEDIUM MACHINE 6,806 6,806
GUN MODS.
034 SNIPER RIFLES 14,113 14,113
MODIFICATIONS.
035 M119 MODIFICATIONS... 20,727 20,727
036 M16 RIFLE MODS....... 3,306 3,306
037 MODIFICATIONS LESS 3,072 3,072
THAN $5.0M (WOCV-
WTCV).
SUPPORT EQUIPMENT &
FACILITIES
038 ITEMS LESS THAN $5 2,026 2,026
MILLION (WOCV-WTCV).
039 PRODUCTION BASE 10,115 10,115
SUPPORT (WOCV-WTCV).
040 INDUSTRIAL 442 442
PREPAREDNESS.
041 SMALL ARMS EQUIPMENT 2,378 2,378
(SOLDIER ENH PROG).
SPARES
042 SPARES AND REPAIR 31,217 31,217
PARTS (WTCV).
TOTAL 1,501,706 1,814,523
PROCUREMENT OF
W&TCV, ARMY.
PROCUREMENT OF
AMMUNITION, ARMY
SMALL/MEDIUM CAL
AMMUNITION
001 CTG, 5.56MM, ALL 158,313 123,513
TYPES.
Unit cost savings [-34,800]
002 CTG, 7.62MM, ALL 91,438 91,438
TYPES.
003 CTG, HANDGUN, ALL 8,954 8,954
TYPES.
004 CTG, .50 CAL, ALL 109,604 109,604
TYPES.
005 CTG, 20MM, ALL TYPES. 4,041 4,041
006 CTG, 25MM, ALL TYPES. 12,654 12,654
007 CTG, 30MM, ALL TYPES. 72,154 54,154
Pricing [-18,000]
adjustments for
target practice
round and light-
weight dual-
purpose round.
008 CTG, 40MM, ALL TYPES. 60,138 0
Decrease for [-60,138]
excess.
MORTAR AMMUNITION
009 60MM MORTAR, ALL 44,375 44,375
TYPES.
010 81MM MORTAR, ALL 27,471 27,471
TYPES.
011 120MM MORTAR, ALL 87,811 87,811
TYPES.
TANK AMMUNITION
012 CARTRIDGES, TANK, 112,380 112,380
105MM AND 120MM, ALL
TYPES.
ARTILLERY AMMUNITION
013 ARTILLERY CARTRIDGES, 50,861 50,861
75MM AND 105MM, ALL
TYP.
014 ARTILLERY PROJECTILE, 26,227 26,227
155MM, ALL TYPES.
015 PROJ 155MM EXTENDED 110,329 55,329
RANGE XM982.
Excalibur I-b [-55,000]
round schedule
delay.
016 ARTILLERY 43,924 43,924
PROPELLANTS, FUZES
AND PRIMERS, ALL.
MINES
017 MINES & CLEARING 3,775 3,775
CHARGES, ALL TYPES.
NETWORKED MUNITIONS
018 SPIDER NETWORK 17,408 17,408
MUNITIONS, ALL TYPES.
ROCKETS
019 SHOULDER LAUNCHED 1,005 1,005
MUNITIONS, ALL TYPES.
020 ROCKET, HYDRA 70, ALL 123,433 123,433
TYPES.
OTHER AMMUNITION
021 DEMOLITION MUNITIONS, 35,189 35,189
ALL TYPES.
022 GRENADES, ALL TYPES.. 33,477 33,477
023 SIGNALS, ALL TYPES... 9,991 9,991
024 SIMULATORS, ALL TYPES 10,388 10,388
MISCELLANEOUS
025 AMMO COMPONENTS, ALL 19,383 19,383
TYPES.
026 NON-LETHAL 7,336 7,336
AMMUNITION, ALL
TYPES.
027 CAD/PAD ALL TYPES.... 6,641 6,641
028 ITEMS LESS THAN $5 15,092 15,092
MILLION.
029 AMMUNITION PECULIAR 15,692 15,692
EQUIPMENT.
030 FIRST DESTINATION 14,107 14,107
TRANSPORTATION
(AMMO).
031 CLOSEOUT LIABILITIES. 106 106
PRODUCTION BASE
SUPPORT
032 PROVISION OF 220,171 220,171
INDUSTRIAL
FACILITIES.
033 CONVENTIONAL 182,461 182,461
MUNITIONS
DEMILITARIZATION,
ALL.
034 ARMS INITIATIVE...... 3,377 3,377
[[Page 126 STAT. 2234]]
TOTAL 1,739,706 1,571,768
PROCUREMENT OF
AMMUNITION, ARMY.
OTHER PROCUREMENT,
ARMY
TACTICAL VEHICLES
001 SEMITRAILERS, 7,097 7,097
FLATBED:.
002 FAMILY OF MEDIUM 346,115 346,115
TACTICAL VEH (FMTV).
003 FIRETRUCKS & 19,292 19,292
ASSOCIATED
FIREFIGHTING EQUIP.
004 FAMILY OF HEAVY 52,933 52,933
TACTICAL VEHICLES
(FHTV).
005 PLS ESP.............. 18,035 18,035
009 TRUCK, TRACTOR, LINE 3,619 3,619
HAUL, M915/M916.
010 HVY EXPANDED MOBILE 26,859 26,859
TACTICAL TRUCK EXT
SERV.
012 TACTICAL WHEELED 69,163 69,163
VEHICLE PROTECTION
KITS.
013 MODIFICATION OF IN 91,754 91,754
SVC EQUIP.
NON-TACTICAL VEHICLES
018 PASSENGER CARRYING 2,548 2,548
VEHICLES.
019 NONTACTICAL VEHICLES, 16,791 16,791
OTHER.
COMM--JOINT
COMMUNICATIONS
020 JOINT COMBAT 10,061 10,061
IDENTIFICATION
MARKING SYSTEM.
021 WIN-T--GROUND FORCES 892,635 872,635
TACTICAL NETWORK.
Program [-20,000]
adjustment.
022 SIGNAL MODERNIZATION 45,626 45,626
PROGRAM.
023 JCSE EQUIPMENT 5,143 5,143
(USREDCOM).
COMM--SATELLITE
COMMUNICATIONS
024 DEFENSE ENTERPRISE 151,636 151,636
WIDEBAND SATCOM
SYSTEMS.
025 TRANSPORTABLE 6,822 6,822
TACTICAL COMMAND
COMMUNICATIONS.
026 SHF TERM............. 9,108 9,108
028 NAVSTAR GLOBAL 27,353 27,353
POSITIONING SYSTEM
(SPACE).
029 SMART-T (SPACE)...... 98,656 98,656
031 GLOBAL BRDCST SVC-- 47,131 47,131
GBS.
032 MOD OF IN-SVC EQUIP 23,281 23,281
(TAC SAT).
COMM--C3 SYSTEM
034 ARMY GLOBAL CMD & 10,848 10,848
CONTROL SYS (AGCCS).
COMM--COMBAT
COMMUNICATIONS
035 ARMY DATA 979 979
DISTRIBUTION SYSTEM
(DATA RADIO).
036 JOINT TACTICAL RADIO 556,250 366,250
SYSTEM.
Funding ahead of [-190,000]
need.
037 MID-TIER NETWORKING 86,219 86,219
VEHICULAR RADIO
(MNVR).
038 RADIO TERMINAL SET, 7,798 7,798
MIDS LVT(2).
039 SINCGARS FAMILY...... 9,001 9,001
040 AMC CRITICAL ITEMS-- 24,601 24,601
OPA2.
041 TRACTOR DESK......... 7,779 7,779
043 SPIDER APLA REMOTE 34,365 24,365
CONTROL UNIT.
Funding ahead of [-10,000]
need.
044 SOLDIER ENHANCEMENT 1,833 1,833
PROGRAM COMM/
ELECTRONICS.
045 TACTICAL 12,984 12,984
COMMUNICATIONS AND
PROTECTIVE SYSTEM.
047 GUNSHOT DETECTION 2,332 2,332
SYSTEM (GDS).
048 RADIO, IMPROVED HF 1,132 1,132
(COTS) FAMILY.
049 MEDICAL COMM FOR CBT 22,899 22,899
CASUALTY CARE (MC4).
COMM--INTELLIGENCE
COMM
051 CI AUTOMATION 1,564 1,564
ARCHITECTURE.
052 RESERVE CA/MISO GPF 28,781 28,781
EQUIPMENT.
INFORMATION SECURITY
053 TSEC--ARMY KEY MGT 23,432 23,432
SYS (AKMS).
054 INFORMATION SYSTEM 43,897 43,897
SECURITY PROGRAM-
ISSP.
COMM--LONG HAUL
COMMUNICATIONS
056 TERRESTRIAL 2,891 2,891
TRANSMISSION.
057 BASE SUPPORT 13,872 13,872
COMMUNICATIONS.
058 WW TECH CON IMP PROG 9,595 9,595
(WWTCIP).
COMM--BASE
COMMUNICATIONS
059 INFORMATION SYSTEMS.. 142,133 142,133
061 INSTALLATION INFO 57,727 57,727
INFRASTRUCTURE MOD
PROGRAM(.
062 PENTAGON INFORMATION 5,000 5,000
MGT AND TELECOM.
ELECT EQUIP--TACT INT
REL ACT (TIARA)
065 JTT/CIBS-M........... 1,641 1,641
066 PROPHET GROUND....... 48,797 48,797
069 DCGS-A (MIP)......... 184,007 184,007
[[Page 126 STAT. 2235]]
070 JOINT TACTICAL GROUND 2,680 2,680
STATION (JTAGS).
071 TROJAN (MIP)......... 21,483 21,483
072 MOD OF IN-SVC EQUIP 2,412 2,412
(INTEL SPT) (MIP).
073 CI HUMINT AUTO 7,077 7,077
REPRINTING AND
COLLECTION.
ELECT EQUIP--
ELECTRONIC WARFARE
(EW)
075 LIGHTWEIGHT COUNTER 72,594 72,594
MORTAR RADAR.
076 CREW................. 15,446 15,446
078 COUNTERINTELLIGENCE/ 1,470 1,470
SECURITY
COUNTERMEASURES.
079 CI MODERNIZATION..... 1,368 1,368
ELECT EQUIP--TACTICAL
SURV. (TAC SURV)
080 FAAD GBS............. 7,980 7,980
081 SENTINEL MODS........ 33,444 33,444
082 SENSE THROUGH THE 6,212 0
WALL (STTW).
Slow execution of [-6,212]
prior years
appropriations.
083 NIGHT VISION DEVICES. 166,516 166,516
085 NIGHT VISION, THERMAL 82,162 82,162
WPN SIGHT.
086 SMALL TACTICAL 20,717 20,717
OPTICAL RIFLE
MOUNTED MLRF.
089 GREEN LASER 1,014 1,014
INTERDICTION SYSTEM
(GLIS).
090 INDIRECT FIRE 29,881 29,881
PROTECTION FAMILY OF
SYSTEMS.
091 PROFILER............. 12,482 12,482
092 MOD OF IN-SVC EQUIP 3,075 3,075
(FIREFINDER RADARS).
094 JOINT BATTLE COMMAND-- 141,385 141,385
PLATFORM (JBC-P).
096 MOD OF IN-SVC EQUIP 22,403 22,403
(LLDR).
098 MORTAR FIRE CONTROL 29,505 29,505
SYSTEM.
099 COUNTERFIRE RADARS... 244,409 244,409
100 ENHANCED SENSOR & 2,426 2,426
MONITORING SYSTEM
(WMD) ENHANCED
SENSOR & MONITORING
SYSTEM (WMD).
ELECT EQUIP--TACTICAL
C2 SYSTEMS
101 TACTICAL OPERATIONS 30,196 30,196
CENTERS.
102 FIRE SUPPORT C2 58,903 58,903
FAMILY.
103 BATTLE COMMAND 8,111 8,111
SUSTAINMENT SUPPORT
SYSTEM.
104 FAAD C2.............. 5,031 5,031
105 AIR & MSL DEFENSE 64,144 64,144
PLANNING & CONTROL
SYS.
106 KNIGHT FAMILY........ 11,999 11,999
107 LIFE CYCLE SOFTWARE 1,853 1,853
SUPPORT (LCSS).
108 AUTOMATIC 14,377 14,377
IDENTIFICATION
TECHNOLOGY.
111 NETWORK MANAGEMENT 59,821 59,821
INITIALIZATION AND
SERVICE.
112 MANEUVER CONTROL 51,228 51,228
SYSTEM (MCS).
113 SINGLE ARMY LOGISTICS 176,901 176,901
ENTERPRISE (SALE).
114 RECONNAISSANCE AND 15,209 15,209
SURVEYING INSTRUMENT
SET.
ELECT EQUIP--
AUTOMATION
115 ARMY TRAINING 8,866 8,866
MODERNIZATION.
116 AUTOMATED DATA 129,438 129,438
PROCESSING EQUIP.
117 GENERAL FUND 9,184 9,184
ENTERPRISE BUSINESS
SYS FAM.
118 CSS COMMUNICATIONS... 20,639 20,639
119 RESERVE COMPONENT 35,493 35,493
AUTOMATION SYS
(RCAS).
ELECT EQUIP--AUDIO
VISUAL SYS (A/V)
120 ITEMS LESS THAN $5 8,467 8,467
MILLION (A/V).
121 ITEMS LESS THAN $5 5,309 5,309
MILLION.
ELECT EQUIP--SUPPORT
122 PRODUCTION BASE 586 586
SUPPORT (C-E).
CLASSIFIED PROGRAMS
124A CLASSIFIED PROGRAMS.. 3,435 3,435
CHEMICAL DEFENSIVE
EQUIPMENT
126 FAMILY OF NON-LETHAL 3,960 3,960
EQUIPMENT (FNLE).
127 BASE DEFENSE SYSTEMS 4,374 4,374
(BDS).
128 CBRN SOLDIER 9,259 9,259
PROTECTION.
BRIDGING EQUIPMENT
130 TACTICAL BRIDGING.... 35,499 35,499
131 TACTICAL BRIDGE, 32,893 32,893
FLOAT-RIBBON.
ENGINEER (NON-
CONSTRUCTION)
EQUIPMENT
134 ROBOTIC COMBAT 29,106 29,106
SUPPORT SYSTEM
(RCSS).
135 EXPLOSIVE ORDNANCE 25,459 25,459
DISPOSAL EQPMT (EOD
EQPMT).
136 REMOTE DEMOLITION 8,044 8,044
SYSTEMS.
137 lt; $5M, COUNTERMINE 3,698 3,698
EQUIPMENT.
COMBAT SERVICE
SUPPORT EQUIPMENT
138 HEATERS AND ECU'S.... 12,210 12,210
[[Page 126 STAT. 2236]]
139 SOLDIER ENHANCEMENT.. 6,522 6,522
140 PERSONNEL RECOVERY 11,222 11,222
SUPPORT SYSTEM
(PRSS).
141 GROUND SOLDIER SYSTEM 103,317 103,317
144 FIELD FEEDING 27,417 27,417
EQUIPMENT.
145 CARGO AERIAL DEL & 52,065 52,065
PERSONNEL PARACHUTE
SYSTEM.
146 MORTUARY AFFAIRS 2,358 2,358
SYSTEMS.
147 FAMILY OF ENGR COMBAT 31,573 31,573
AND CONSTRUCTION
SETS.
148 ITEMS LESS THAN $5 14,093 14,093
MILLION.
PETROLEUM EQUIPMENT
149 DISTRIBUTION SYSTEMS, 36,266 36,266
PETROLEUM & WATER.
MEDICAL EQUIPMENT
150 COMBAT SUPPORT 34,101 34,101
MEDICAL.
151 MEDEVAC MISSON 20,540 20,540
EQUIPMENT PACKAGE
(MEP).
MAINTENANCE EQUIPMENT
152 MOBILE MAINTENANCE 2,495 2,495
EQUIPMENT SYSTEMS.
CONSTRUCTION
EQUIPMENT
154 GRADER, ROAD MTZD, 2,028 2,028
HVY, 6X4 (CCE).
156 SCRAPERS, EARTHMOVING 6,146 6,146
157 MISSION MODULES-- 31,200 31,200
ENGINEERING.
161 TRACTOR, FULL TRACKED 20,867 20,867
162 ALL TERRAIN CRANES... 4,003 4,003
163 PLANT, ASPHALT MIXING 3,679 3,679
164 HIGH MOBILITY 30,042 30,042
ENGINEER EXCAVATOR
(HMEE).
165 ENHANCED RAPID 13,725 13,725
AIRFIELD
CONSTRUCTION CAPA.
166 CONST EQUIP ESP...... 13,351 13,351
167 ITEMS LESS THAN $5 9,134 9,134
MILLION (CONST
EQUIP).
RAIL FLOAT
CONTAINERIZATION
EQUIPMENT
170 ITEMS LESS THAN $5 10,552 10,552
MILLION (FLOAT/RAIL).
GENERATORS
171 GENERATORS AND 60,302 60,302
ASSOCIATED EQUIP.
MATERIAL HANDLING
EQUIPMENT
173 FAMILY OF FORKLIFTS.. 5,895 5,895
TRAINING EQUIPMENT
175 COMBAT TRAINING 104,649 104,649
CENTERS SUPPORT.
176 TRAINING DEVICES, 125,251 125,251
NONSYSTEM.
177 CLOSE COMBAT TACTICAL 19,984 19,984
TRAINER.
178 AVIATION COMBINED 10,977 10,977
ARMS TACTICAL
TRAINER.
179 GAMING TECHNOLOGY IN 4,056 4,056
SUPPORT OF ARMY
TRAINING.
TEST MEASURE AND DIG
EQUIPMENT (TMD)
180 CALIBRATION SETS 10,494 10,494
EQUIPMENT.
181 INTEGRATED FAMILY OF 45,508 45,508
TEST EQUIPMENT
(IFTE).
182 TEST EQUIPMENT 24,334 24,334
MODERNIZATION
(TEMOD).
OTHER SUPPORT
EQUIPMENT
183 RAPID EQUIPPING 5,078 5,078
SOLDIER SUPPORT
EQUIPMENT.
184 PHYSICAL SECURITY 46,301 46,301
SYSTEMS (OPA3).
185 BASE LEVEL COMMON 1,373 1,373
EQUIPMENT.
186 MODIFICATION OF IN- 59,141 59,141
SVC EQUIPMENT (OPA-
3).
187 PRODUCTION BASE 2,446 2,446
SUPPORT (OTH).
188 SPECIAL EQUIPMENT FOR 12,920 12,920
USER TESTING.
189 AMC CRITICAL ITEMS 19,180 19,180
OPA3.
190 TRACTOR YARD......... 7,368 7,368
191 UNMANNED GROUND 83,937 83,937
VEHICLE.
OPA2
193 INITIAL SPARES--C&E.. 64,507 64,507
PRIOR YEAR SAVINGS
UNDISTRIBUTED
194 EMERGENCY MANAGEMENT 52,000
MODERNIZATION
PROGRAM.
Army requested [52,000]
transfer from
Operation and
Maintenance,
Army, line 100.
TOTAL OTHER 6,326,245 6,152,033
PROCUREMENT,
ARMY.
JOINT IMPR EXPLOSIVE
DEV DEFEAT FUND
STAFF AND
INFRASTRUCTURE
004 OPERATIONS........... 227,414 0
Transfer of funds [-227,414]
to title 15.
TOTAL JOINT IMPR 227,414 0
EXPLOSIVE DEV
DEFEAT FUND.
[[Page 126 STAT. 2237]]
AIRCRAFT PROCUREMENT,
NAVY
COMBAT AIRCRAFT
001 EA-18G............... 1,027,443 1,014,443
Engine cost [-13,000]
growth.
002 ADVANCE 45,000
PROCUREMENT (CY).
Program increase. [45,000]
003 F/A-18E/F (FIGHTER) 2,035,131 2,017,131
HORNET.
Engine cost [-12,000]
growth.
Engineering [-6,000]
Change Order
excess funding.
004 ADVANCE 30,296 30,296
PROCUREMENT (CY).
005 JOINT STRIKE FIGHTER 1,007,632 988,832
CV.
Excessive weapon [-18,800]
system unit cost
increase.
006 ADVANCE 65,180 65,180
PROCUREMENT (CY).
007 JSF STOVL............ 1,404,737 1,345,937
Excessive weapon [-58,800]
system unit cost
increase.
008 ADVANCE 106,199 106,199
PROCUREMENT (CY).
009 V-22 (MEDIUM LIFT)... 1,303,120 1,291,380
Flyaway unit cost [-11,740]
savings.
010 ADVANCE 154,202 154,202
PROCUREMENT (CY).
011 H-1 UPGRADES (UH-1Y/ 720,933 720,933
AH-1Z).
012 ADVANCE 69,658 69,658
PROCUREMENT (CY).
013 MH-60S (MYP)......... 384,792 384,792
014 ADVANCE 69,277 69,277
PROCUREMENT (CY).
015 MH-60R (MYP)......... 656,866 826,866
Cruiser [170,000]
Retention--Restor
e 5 helicopters.
016 ADVANCE 185,896 185,896
PROCUREMENT (CY).
017 P-8A POSEIDON........ 2,420,755 2,387,052
Excess to need... [-33,703]
018 ADVANCE 325,679 325,679
PROCUREMENT (CY).
019 E-2D ADV HAWKEYE..... 861,498 861,498
020 ADVANCE 123,179 123,179
PROCUREMENT (CY).
TRAINER AIRCRAFT
022 JPATS................ 278,884 268,784
Airframe cost [-10,100]
growth.
OTHER AIRCRAFT
023 KC-130J.............. 3,000 3,000
024 ADVANCE 22,995 22,995
PROCUREMENT (CY).
025 ADVANCE 51,124 51,124
PROCUREMENT (CY)--
RQ-4 UAV.
026 MQ-8 UAV............. 124,573 124,573
027 STUASL0 UAV.......... 9,593 9,593
MODIFICATION OF
AIRCRAFT
028 EA-6 SERIES.......... 30,062 30,062
029 AEA SYSTEMS.......... 49,999 49,999
030 AV-8 SERIES.......... 38,703 38,703
031 ADVERSARY............ 4,289 4,289
032 F-18 SERIES.......... 647,306 639,306
ILS growth (OSIP [-5,000]
11-84).
Other support [-3,000]
funding growth
(OSIP 001-10).
033 H-46 SERIES.......... 2,343 2,343
034 AH-1W SERIES......... 8,721 8,721
035 H-53 SERIES.......... 45,567 42,367
Other Support [-3,200]
cost growth.
036 SH-60 SERIES......... 83,527 83,527
037 H-1 SERIES........... 6,508 6,508
038 EP-3 SERIES.......... 66,374 66,374
039 P-3 SERIES........... 148,405 148,405
040 E-2 SERIES........... 16,322 16,322
041 TRAINER A/C SERIES... 34,284 34,284
042 C-2A................. 4,743 4,743
043 C-130 SERIES......... 60,302 60,302
044 FEWSG................ 670 670
045 CARGO/TRANSPORT A/C 26,311 26,311
SERIES.
046 E-6 SERIES........... 158,332 155,842
SLEP kit [-2,490]
installation cost
growth (OSIP 003-
07).
047 EXECUTIVE HELICOPTERS 58,163 58,163
SERIES.
048 SPECIAL PROJECT 12,421 12,421
AIRCRAFT.
[[Page 126 STAT. 2238]]
049 T-45 SERIES.......... 64,488 59,488
Avionics [-2,000]
Obsolescence kit
cost growth.
Synthetic Radar [-3,000]
kit cost growth.
050 POWER PLANT CHANGES.. 21,569 21,569
051 JPATS SERIES......... 1,552 1,552
052 AVIATION LIFE SUPPORT 2,473 2,473
MODS.
053 COMMON ECM EQUIPMENT. 114,690 114,690
054 COMMON AVIONICS 96,183 96,183
CHANGES.
056 ID SYSTEMS........... 39,846 39,846
057 P-8 SERIES........... 5,302 5,302
058 MAGTF EW FOR AVIATION 34,127 34,127
059 RQ-7 SERIES.......... 49,324 49,324
060 V-22 (TILT/ROTOR 95,856 95,856
ACFT) OSPREY.
AIRCRAFT SPARES AND
REPAIR PARTS
061 SPARES AND REPAIR 1,166,430 1,132,430
PARTS.
Spares cost [-34,000]
growth- F-35C, F-
35B, E-2D.
AIRCRAFT SUPPORT
EQUIP & FACILITIES
062 COMMON GROUND 387,195 387,195
EQUIPMENT.
063 AIRCRAFT INDUSTRIAL 23,469 23,469
FACILITIES.
064 WAR CONSUMABLES...... 43,383 43,383
065 OTHER PRODUCTION 3,399 3,399
CHARGES.
066 SPECIAL SUPPORT 32,274 32,274
EQUIPMENT.
067 FIRST DESTINATION 1,742 1,742
TRANSPORTATION.
TOTAL AIRCRAFT 17,129,296 17,127,463
PROCUREMENT,
NAVY.
WEAPONS PROCUREMENT,
NAVY
MODIFICATION OF
MISSILES
001 TRIDENT II MODS...... 1,224,683 1,214,683
Tooling, test/ [-10,000]
support equipment
growth.
SUPPORT EQUIPMENT &
FACILITIES
002 MISSILE INDUSTRIAL 5,553 5,553
FACILITIES.
STRATEGIC MISSILES
003 TOMAHAWK............. 308,970 298,970
Contract Savings. [-10,000]
TACTICAL MISSILES
004 AMRAAM............... 102,683 97,390
Captive air [-5,293]
training missile
cost growth.
005 SIDEWINDER........... 80,226 74,267
All Up Round [-3,847]
Missile Cost
Growth.
Captive Air [-2,112]
Training Missile
Cost Growth.
006 JSOW................. 127,609 127,609
007 STANDARD MISSILE..... 399,482 399,482
008 RAM.................. 66,769 66,769
009 HELLFIRE............. 74,501 74,501
011 AERIAL TARGETS....... 61,518 61,518
012 OTHER MISSILE SUPPORT 3,585 3,585
MODIFICATION OF
MISSILES
013 ESSM................. 58,194 58,194
014 HARM MODS............ 86,721 86,721
SUPPORT EQUIPMENT &
FACILITIES
016 WEAPONS INDUSTRIAL 2,014 2,014
FACILITIES.
017 FLEET SATELLITE COMM 21,454 21,454
FOLLOW-ON.
ORDNANCE SUPPORT
EQUIPMENT
018 ORDNANCE SUPPORT 54,945 54,945
EQUIPMENT.
TORPEDOES AND RELATED
EQUIP
019 SSTD................. 2,700 2,700
020 ASW TARGETS.......... 10,385 10,385
MOD OF TORPEDOES AND
RELATED EQUIP
021 MK-54 TORPEDO MODS... 74,487 74,487
022 MK-48 TORPEDO ADCAP 54,281 54,281
MODS.
023 QUICKSTRIKE MINE..... 6,852 6,852
SUPPORT EQUIPMENT
024 TORPEDO SUPPORT 46,402 46,402
EQUIPMENT.
025 ASW RANGE SUPPORT.... 11,927 11,927
DESTINATION
TRANSPORTATION
026 FIRST DESTINATION 3,614 3,614
TRANSPORTATION.
GUNS AND GUN MOUNTS
[[Page 126 STAT. 2239]]
027 SMALL ARMS AND 12,594 12,594
WEAPONS.
MODIFICATION OF GUNS
AND GUN MOUNTS
028 CIWS MODS............ 59,303 67,003
Buy additional [7,700]
ordnance
alteration kits.
029 COAST GUARD WEAPONS.. 19,072 19,072
030 GUN MOUNT MODS....... 54,706 54,706
031 CRUISER MODERNIZATION 1,591 19,622
WEAPONS.
Cruiser [18,031]
retention--5"/62
Upgrade.
032 AIRBORNE MINE 20,607 20,607
NEUTRALIZATION
SYSTEMS.
SPARES AND REPAIR
PARTS
034 SPARES AND REPAIR 60,150 60,150
PARTS.
TOTAL WEAPONS 3,117,578 3,112,057
PROCUREMENT,
NAVY.
SHIPBUILDING &
CONVERSION, NAVY
OTHER WARSHIPS
001 CARRIER REPLACEMENT 608,195 605,295
PROGRAM.
SEWIP block 2 [-2,900]
growth.
003 VIRGINIA CLASS 3,217,601 3,217,601
SUBMARINE.
004 ADVANCE 874,878 1,652,557
PROCUREMENT (CY).
Advance [777,679]
procurement for
2nd SSN in FY 14.
005 CVN REFUELING 1,613,392 1,517,292
OVERHAULS.
Program decrease. [-96,100]
006 ADVANCE 70,010 70,010
PROCUREMENT (CY).
008 DDG 1000............. 669,222 669,222
009 DDG-51............... 3,048,658 3,048,658
010 ADVANCE 466,283 466,283
PROCUREMENT (CY).
011 LITTORAL COMBAT SHIP. 1,784,959 1,784,959
AMPHIBIOUS SHIPS
015 JOINT HIGH SPEED 189,196 189,196
VESSEL.
AUXILIARIES, CRAFT
AND PRIOR YR PROGRAM
COST
017 ADVANCE 307,300 307,300
PROCUREMENT (CY).
018 OUTFITTING........... 309,648 309,648
020 LCAC SLEP............ 47,930 47,930
021 COMPLETION OF PY 372,573 372,573
SHIPBUILDING
PROGRAMS.
TOTAL 13,579,845 14,258,524
SHIPBUILDING &
CONVERSION, NAVY.
PROCUREMENT OF AMMO,
NAVY & MC
NAVY AMMUNITION
001 GENERAL PURPOSE BOMBS 27,024 27,024
002 AIRBORNE ROCKETS, ALL 56,575 56,575
TYPES.
003 MACHINE GUN 21,266 21,266
AMMUNITION.
004 PRACTICE BOMBS....... 34,319 34,319
005 CARTRIDGES & CART 53,755 53,755
ACTUATED DEVICES.
006 AIR EXPENDABLE 61,693 60,693
COUNTERMEASURES.
ALE-55 cost [-1,000]
growth.
007 JATOS................ 2,776 2,776
008 LRLAP 6" LONG RANGE 7,102 7,102
ATTACK PROJECTILE.
009 5 INCH/54 GUN 48,320 48,320
AMMUNITION.
010 INTERMEDIATE CALIBER 25,544 25,544
GUN AMMUNITION.
011 OTHER SHIP GUN 41,624 38,884
AMMUNITION.
30MM x 173 linked [-2,740]
cartridge
contract delay.
012 SMALL ARMS & LANDING 65,893 65,247
PARTY AMMO.
M18A1 mine cost [-646]
growth.
013 PYROTECHNIC AND 11,176 11,176
DEMOLITION.
014 AMMUNITION LESS THAN 4,116 4,116
$5 MILLION.
MARINE CORPS
AMMUNITION
015 SMALL ARMS AMMUNITION 83,733 83,733
016 LINEAR CHARGES, ALL 24,645 24,645
TYPES.
017 40 MM, ALL TYPES..... 16,201 16,201
019 81MM, ALL TYPES...... 13,711 3,711
Excess to need... [-10,000]
020 120MM, ALL TYPES..... 12,557 12,557
022 GRENADES, ALL TYPES.. 7,634 7,134
Excess to need... [-500]
023 ROCKETS, ALL TYPES... 27,528 27,528
024 ARTILLERY, ALL TYPES. 93,065 76,459
Prior year funds [-16,606]
available.
[[Page 126 STAT. 2240]]
025 DEMOLITION MUNITIONS, 2,047 0
ALL TYPES.
Excess to need... [-2,047]
026 FUZE, ALL TYPES...... 5,297 5,297
027 NON LETHALS.......... 1,362 1,362
028 AMMO MODERNIZATION... 4,566 4,566
029 ITEMS LESS THAN $5 6,010 6,010
MILLION.
TOTAL 759,539 726,000
PROCUREMENT OF
AMMO, NAVY & MC.
OTHER PROCUREMENT,
NAVY
SHIP PROPULSION
EQUIPMENT
001 LM-2500 GAS TURBINE.. 10,658 10,658
002 ALLISON 501K GAS 8,469 8,469
TURBINE.
NAVIGATION EQUIPMENT
003 OTHER NAVIGATION 23,392 23,392
EQUIPMENT.
PERISCOPES
004 SUB PERISCOPES & 53,809 53,809
IMAGING EQUIP.
OTHER SHIPBOARD
EQUIPMENT
005 DDG MOD.............. 452,371 452,371
006 FIREFIGHTING 16,958 16,958
EQUIPMENT.
007 COMMAND AND CONTROL 2,492 2,492
SWITCHBOARD.
008 POLLUTION CONTROL 20,707 20,707
EQUIPMENT.
009 SUBMARINE SUPPORT 12,046 12,046
EQUIPMENT.
010 VIRGINIA CLASS 79,870 79,870
SUPPORT EQUIPMENT.
011 LCS CLASS SUPPORT 19,865 19,865
EQUIPMENT.
012 SUBMARINE BATTERIES.. 41,522 41,522
013 LPD CLASS SUPPORT 30,543 30,543
EQUIPMENT.
014 STRATEGIC PLATFORM 16,257 16,257
SUPPORT EQUIP.
015 DSSP EQUIPMENT....... 3,630 3,630
016 CG MODERNIZATION..... 101,000 184,972
Cruiser retention [83,972]
017 LCAC................. 16,645 16,645
018 UNDERWATER EOD 35,446 35,446
PROGRAMS.
019 ITEMS LESS THAN $5 65,998 65,998
MILLION.
020 CHEMICAL WARFARE 4,359 4,359
DETECTORS.
021 SUBMARINE LIFE 10,218 10,218
SUPPORT SYSTEM.
REACTOR PLANT
EQUIPMENT
022 REACTOR POWER UNITS.. 286,859 286,859
023 REACTOR COMPONENTS... 278,503 278,503
OCEAN ENGINEERING
024 DIVING AND SALVAGE 8,998 8,998
EQUIPMENT.
SMALL BOATS
025 STANDARD BOATS....... 30,131 30,131
TRAINING EQUIPMENT
026 OTHER SHIPS TRAINING 29,772 29,772
EQUIPMENT.
PRODUCTION FACILITIES
EQUIPMENT
027 OPERATING FORCES IPE. 64,346 64,346
OTHER SHIP SUPPORT
028 NUCLEAR ALTERATIONS.. 154,652 154,652
029 LCS COMMON MISSION 31,319 31,319
MODULES EQUIPMENT.
030 LCS MCM MISSION 38,392 38,392
MODULES.
031 LCS SUW MISSION 32,897 32,897
MODULES.
LOGISTIC SUPPORT
032 LSD MIDLIFE.......... 49,758 49,758
SHIP SONARS
034 SPQ-9B RADAR......... 19,777 19,777
035 AN/SQQ-89 SURF ASW 89,201 89,201
COMBAT SYSTEM.
036 SSN ACOUSTICS........ 190,874 190,874
037 UNDERSEA WARFARE 17,035 17,035
SUPPORT EQUIPMENT.
038 SONAR SWITCHES AND 13,410 13,410
TRANSDUCERS.
ASW ELECTRONIC
EQUIPMENT
040 SUBMARINE ACOUSTIC 21,489 19,532
WARFARE SYSTEM.
Contract award [-1,957]
delays for launch
tube and MK3.
041 SSTD................. 10,716 10,716
042 FIXED SURVEILLANCE 98,896 98,896
SYSTEM.
043 SURTASS.............. 2,774 2,774
044 MARITIME PATROL AND 18,428 18,428
RECONNSAISANCE FORCE.
ELECTRONIC WARFARE
EQUIPMENT
[[Page 126 STAT. 2241]]
045 AN/SLQ-32............ 92,270 92,270
RECONNAISSANCE
EQUIPMENT
046 SHIPBOARD IW EXPLOIT. 107,060 107,060
047 AUTOMATED 914 914
IDENTIFICATION
SYSTEM (AIS).
SUBMARINE
SURVEILLANCE
EQUIPMENT
048 SUBMARINE SUPPORT 34,050 34,050
EQUIPMENT PROG.
OTHER SHIP ELECTRONIC
EQUIPMENT
049 COOPERATIVE 27,881 22,191
ENGAGEMENT
CAPABILITY.
Excess PAAA [-615]
backfit
installation
funding.
Excess signal [-2,725]
data processor
backfit kit
installation
funding.
Signal data [-1,350]
processor backfit
kit contract
delay.
Support funding [-1,000]
carryover.
050 TRUSTED INFORMATION 448 448
SYSTEM (TIS).
051 NAVAL TACTICAL 35,732 35,732
COMMAND SUPPORT
SYSTEM (NTCSS).
053 NAVY COMMAND AND 9,533 9,533
CONTROL SYSTEM
(NCCS).
054 MINESWEEPING SYSTEM 60,111 60,111
REPLACEMENT.
055 SHALLOW WATER MCM.... 6,950 6,950
056 NAVSTAR GPS RECEIVERS 9,089 9,089
(SPACE).
057 AMERICAN FORCES RADIO 7,768 7,768
AND TV SERVICE.
058 STRATEGIC PLATFORM 3,614 3,614
SUPPORT EQUIP.
TRAINING EQUIPMENT
059 OTHER TRAINING 42,911 42,911
EQUIPMENT.
AVIATION ELECTRONIC
EQUIPMENT
060 MATCALS.............. 5,861 5,861
061 SHIPBOARD AIR TRAFFIC 8,362 8,362
CONTROL.
062 AUTOMATIC CARRIER 15,685 15,685
LANDING SYSTEM.
063 NATIONAL AIR SPACE 16,919 16,919
SYSTEM.
064 FLEET AIR TRAFFIC 6,828 6,828
CONTROL SYSTEMS.
065 LANDING SYSTEMS...... 7,646 7,646
066 ID SYSTEMS........... 35,474 35,474
067 NAVAL MISSION 9,958 9,958
PLANNING SYSTEMS.
OTHER SHORE
ELECTRONIC EQUIPMENT
068 DEPLOYABLE JOINT 9,064 9,064
COMMAND AND CONT.
069 MARITIME INTEGRATED 16,026 16,026
BROADCAST SYSTEM.
070 TACTICAL/MOBILE C4I 11,886 11,886
SYSTEMS.
071 DCGS-N............... 11,887 11,887
072 CANES................ 341,398 320,874
Contract delay [-7,734]
(DDG-51 class).
Contract delay [-8,305]
(LHD-7).
Excess ADNS [-2,070]
installation
(afloat) funding.
Excess ADNS [-2,415]
installation
(ashore) funding.
073 RADIAC............... 8,083 8,083
074 CANES-INTELL......... 79,427 79,427
075 GPETE................ 6,083 6,083
076 INTEG COMBAT SYSTEM 4,495 4,495
TEST FACILITY.
077 EMI CONTROL 4,767 4,767
INSTRUMENTATION.
078 ITEMS LESS THAN $5 81,755 81,755
MILLION.
SHIPBOARD
COMMUNICATIONS
080 SHIP COMMUNICATIONS 56,870 56,870
AUTOMATION.
081 MARITIME DOMAIN 1,063 1,063
AWARENESS (MDA).
082 COMMUNICATIONS ITEMS 28,522 28,522
UNDER $5M.
SUBMARINE
COMMUNICATIONS
083 SUBMARINE BROADCAST 4,183 4,183
SUPPORT.
084 SUBMARINE 69,025 69,025
COMMUNICATION
EQUIPMENT.
SATELLITE
COMMUNICATIONS
085 SATELLITE 49,294 51,294
COMMUNICATIONS
SYSTEMS.
SPIDERNet/ [2,000]
Spectral Warrior
Hardware.
086 NAVY MULTIBAND 184,825 184,825
TERMINAL (NMT).
SHORE COMMUNICATIONS
087 JCS COMMUNICATIONS 2,180 2,180
EQUIPMENT.
088 ELECTRICAL POWER 1,354 1,354
SYSTEMS.
CRYPTOGRAPHIC
EQUIPMENT
090 INFO SYSTEMS SECURITY 144,104 144,104
PROGRAM (ISSP).
CRYPTOLOGIC EQUIPMENT
091 CRYPTOLOGIC 12,604 12,604
COMMUNICATIONS EQUIP.
OTHER ELECTRONIC
SUPPORT
092 COAST GUARD EQUIPMENT 6,680 6,680
[[Page 126 STAT. 2242]]
SONOBUOYS
095 SONOBUOYS--ALL TYPES. 104,677 104,677
AIRCRAFT SUPPORT
EQUIPMENT
096 WEAPONS RANGE SUPPORT 70,753 70,753
EQUIPMENT.
097 EXPEDITIONARY 8,678 8,678
AIRFIELDS.
098 AIRCRAFT REARMING 11,349 11,349
EQUIPMENT.
099 AIRCRAFT LAUNCH & 82,618 81,980
RECOVERY EQUIPMENT.
ADMACS [-638]
installation cost
growth.
100 METEOROLOGICAL 18,339 18,339
EQUIPMENT.
101 DCRS/DPL............. 1,414 1,414
102 AVIATION LIFE SUPPORT 40,475 40,475
103 AIRBORNE MINE 61,552 61,552
COUNTERMEASURES.
104 LAMPS MK III 18,771 18,771
SHIPBOARD EQUIPMENT.
105 PORTABLE ELECTRONIC 7,954 7,954
MAINTENANCE AIDS.
106 OTHER AVIATION 10,023 10,023
SUPPORT EQUIPMENT.
107 AUTONOMIC LOGISTICS 3,826 3,826
INFORMATION SYSTEM
(ALIS).
SHIP GUN SYSTEM
EQUIPMENT
108 NAVAL FIRES CONTROL 3,472 3,472
SYSTEM.
109 GUN FIRE CONTROL 4,528 4,528
EQUIPMENT.
SHIP MISSILE SYSTEMS
EQUIPMENT
110 NATO SEASPARROW...... 8,960 8,960
111 RAM GMLS............. 1,185 1,185
112 SHIP SELF DEFENSE 55,371 55,371
SYSTEM.
113 AEGIS SUPPORT 81,614 81,614
EQUIPMENT.
114 TOMAHAWK SUPPORT 77,767 72,267
EQUIPMENT.
Production [-5,500]
support funding
growth.
115 VERTICAL LAUNCH 754 754
SYSTEMS.
116 MARITIME INTEGRATED 4,965 4,965
PLANNING SYSTEM-MIPS.
FBM SUPPORT EQUIPMENT
117 STRATEGIC MISSILE 181,049 181,049
SYSTEMS EQUIP.
ASW SUPPORT EQUIPMENT
118 SSN COMBAT CONTROL 71,316 71,316
SYSTEMS.
119 SUBMARINE ASW SUPPORT 4,018 4,018
EQUIPMENT.
120 SURFACE ASW SUPPORT 6,465 6,465
EQUIPMENT.
121 ASW RANGE SUPPORT 47,930 47,930
EQUIPMENT.
OTHER ORDNANCE
SUPPORT EQUIPMENT
122 EXPLOSIVE ORDNANCE 3,579 3,579
DISPOSAL EQUIP.
123 ITEMS LESS THAN $5 3,125 3,125
MILLION.
OTHER EXPENDABLE
ORDNANCE
124 ANTI-SHIP MISSILE 31,743 29,743
DECOY SYSTEM.
Support funding [-2,000]
growth.
125 SURFACE TRAINING 34,174 34,174
DEVICE MODS.
126 SUBMARINE TRAINING 23,450 23,450
DEVICE MODS.
CIVIL ENGINEERING
SUPPORT EQUIPMENT
127 PASSENGER CARRYING 7,158 7,158
VEHICLES.
128 GENERAL PURPOSE 3,325 3,325
TRUCKS.
129 CONSTRUCTION & 8,692 8,692
MAINTENANCE EQUIP.
130 FIRE FIGHTING 14,533 14,533
EQUIPMENT.
131 TACTICAL VEHICLES.... 15,330 15,330
132 AMPHIBIOUS EQUIPMENT. 10,803 10,803
133 POLLUTION CONTROL 7,265 7,265
EQUIPMENT.
134 ITEMS UNDER $5 15,252 15,252
MILLION.
135 PHYSICAL SECURITY 1,161 1,161
VEHICLES.
SUPPLY SUPPORT
EQUIPMENT
136 MATERIALS HANDLING 15,204 15,204
EQUIPMENT.
137 OTHER SUPPLY SUPPORT 6,330 6,330
EQUIPMENT.
138 FIRST DESTINATION 6,539 6,539
TRANSPORTATION.
139 SPECIAL PURPOSE 34,804 34,804
SUPPLY SYSTEMS.
TRAINING DEVICES
140 TRAINING SUPPORT 25,444 25,444
EQUIPMENT.
COMMAND SUPPORT
EQUIPMENT
141 COMMAND SUPPORT 43,165 43,165
EQUIPMENT.
142 EDUCATION SUPPORT 2,251 2,251
EQUIPMENT.
143 MEDICAL SUPPORT 3,148 3,148
EQUIPMENT.
146 NAVAL MIP SUPPORT 3,502 3,502
EQUIPMENT.
148 OPERATING FORCES 15,696 15,696
SUPPORT EQUIPMENT.
149 C4ISR EQUIPMENT...... 4,344 4,344
[[Page 126 STAT. 2243]]
150 ENVIRONMENTAL SUPPORT 19,492 19,492
EQUIPMENT.
151 PHYSICAL SECURITY 177,149 177,149
EQUIPMENT.
152 ENTERPRISE 183,995 183,995
INFORMATION
TECHNOLOGY.
CLASSIFIED PROGRAMS
152A CLASSIFIED PROGRAMS.. 13,063 13,063
SPARES AND REPAIR
PARTS
153 SPARES AND REPAIR 250,718 250,718
PARTS.
TOTAL OTHER 6,169,378 6,219,041
PROCUREMENT,
NAVY.
PROCUREMENT, MARINE
CORPS
TRACKED COMBAT
VEHICLES
001 AAV7A1 PIP........... 16,089 16,089
002 LAV PIP.............. 186,216 45,342
Budget adjustment [-140,874]
per USMC.
ARTILLERY AND OTHER
WEAPONS
003 EXPEDITIONARY FIRE 2,502 2,502
SUPPORT SYSTEM.
004 155MM LIGHTWEIGHT 17,913 17,913
TOWED HOWITZER.
005 HIGH MOBILITY 47,999 47,999
ARTILLERY ROCKET
SYSTEM.
006 WEAPONS AND COMBAT 17,706 17,706
VEHICLES UNDER $5
MILLION.
OTHER SUPPORT
007 MODIFICATION KITS.... 48,040 48,040
008 WEAPONS ENHANCEMENT 4,537 4,537
PROGRAM.
GUIDED MISSILES
009 GROUND BASED AIR 11,054 11,054
DEFENSE.
011 FOLLOW ON TO SMAW.... 19,650 19,650
012 ANTI-ARMOR WEAPONS 20,708 20,708
SYSTEM-HEAVY (AAWS-
H).
COMMAND AND CONTROL
SYSTEMS
014 UNIT OPERATIONS 1,420 1,420
CENTER.
REPAIR AND TEST
EQUIPMENT
015 REPAIR AND TEST 25,127 25,127
EQUIPMENT.
OTHER SUPPORT (TEL)
016 COMBAT SUPPORT SYSTEM 25,822 25,822
017 MODIFICATION KITS.... 2,831 2,831
COMMAND AND CONTROL
SYSTEM (NON-TEL)
018 ITEMS UNDER $5 5,498 5,498
MILLION (COMM &
ELEC).
019 AIR OPERATIONS C2 11,290 11,290
SYSTEMS.
RADAR + EQUIPMENT
(NON-TEL)
020 RADAR SYSTEMS........ 128,079 128,079
021 RQ-21 UAS............ 27,619 27,619
INTELL/COMM EQUIPMENT
(NON-TEL)
022 FIRE SUPPORT SYSTEM.. 7,319 7,319
023 INTELLIGENCE SUPPORT 7,466 7,466
EQUIPMENT.
025 RQ-11 UAV............ 2,318 2,318
026 DCGS-MC.............. 18,291 18,291
OTHER COMM/ELEC
EQUIPMENT (NON-TEL)
029 NIGHT VISION 48,084 48,084
EQUIPMENT.
OTHER SUPPORT (NON-
TEL)
030 COMMON COMPUTER 206,708 206,708
RESOURCES.
031 COMMAND POST SYSTEMS. 35,190 35,190
032 RADIO SYSTEMS........ 89,059 89,059
033 COMM SWITCHING & 22,500 22,500
CONTROL SYSTEMS.
034 COMM & ELEC 42,625 42,625
INFRASTRUCTURE
SUPPORT.
CLASSIFIED PROGRAMS
035A CLASSIFIED PROGRAMS.. 2,290 2,290
ADMINISTRATIVE
VEHICLES
035 COMMERCIAL PASSENGER 2,877 2,877
VEHICLES.
036 COMMERCIAL CARGO 13,960 13,960
VEHICLES.
TACTICAL VEHICLES
037 5/4T TRUCK HMMWV 8,052 8,052
(MYP).
038 MOTOR TRANSPORT 50,269 50,269
MODIFICATIONS.
040 LOGISTICS VEHICLE 37,262 37,262
SYSTEM REP.
041 FAMILY OF TACTICAL 48,160 48,160
TRAILERS.
OTHER SUPPORT
043 ITEMS LESS THAN $5 6,705 6,705
MILLION.
ENGINEER AND OTHER
EQUIPMENT
044 ENVIRONMENTAL CONTROL 13,576 13,576
EQUIP ASSORT.
045 BULK LIQUID EQUIPMENT 16,869 16,869
[[Page 126 STAT. 2244]]
046 TACTICAL FUEL SYSTEMS 19,108 19,108
047 POWER EQUIPMENT 56,253 56,253
ASSORTED.
048 AMPHIBIOUS SUPPORT 13,089 13,089
EQUIPMENT.
049 EOD SYSTEMS.......... 73,699 73,699
MATERIALS HANDLING
EQUIPMENT
050 PHYSICAL SECURITY 3,510 3,510
EQUIPMENT.
051 GARRISON MOBILE 11,490 11,490
ENGINEER EQUIPMENT
(GMEE).
052 MATERIAL HANDLING 20,659 20,659
EQUIP.
053 FIRST DESTINATION 132 132
TRANSPORTATION.
GENERAL PROPERTY
054 FIELD MEDICAL 31,068 31,068
EQUIPMENT.
055 TRAINING DEVICES..... 45,895 45,895
056 CONTAINER FAMILY..... 5,801 5,801
057 FAMILY OF 23,939 23,939
CONSTRUCTION
EQUIPMENT.
060 RAPID DEPLOYABLE 8,365 8,365
KITCHEN.
OTHER SUPPORT
061 ITEMS LESS THAN $5 7,077 7,077
MILLION.
SPARES AND REPAIR
PARTS
062 SPARES AND REPAIR 3,190 3,190
PARTS.
TOTAL 1,622,955 1,482,081
PROCUREMENT,
MARINE CORPS.
AIRCRAFT PROCUREMENT,
AIR FORCE
TACTICAL FORCES
001 F-35................. 3,124,302 3,124,302
002 ADVANCE 293,400 293,400
PROCUREMENT (CY).
OTHER AIRLIFT
005 C-130J............... 68,373 68,373
007 HC-130J.............. 152,212 152,212
009 MC-130J.............. 374,866 374,866
HELICOPTERS
015 HH-60 LOSS 60,596 60,596
REPLACEMENT/RECAP.
017 CV-22 (MYP).......... 294,220 294,220
018 ADVANCE 15,000 15,000
PROCUREMENT (CY).
MISSION SUPPORT
AIRCRAFT
019 CIVIL AIR PATROL A/C. 2,498 2,498
OTHER AIRCRAFT
024 TARGET DRONES........ 129,866 129,866
026 RQ-4................. 75,000 180,200
Sustain current [105,200]
force structure.
028 AC-130J.............. 163,970 163,970
030 MQ-9................. 553,530 708,530
Additional [155,000]
aircraft.
031 RQ-4 BLOCK 40 PROC... 11,654 11,654
STRATEGIC AIRCRAFT
032 B-2A................. 82,296 82,296
033 B-1B................. 149,756 149,756
034 B-52................. 9,781 9,781
035 LARGE AIRCRAFT 28,800 28,800
INFRARED
COUNTERMEASURES.
TACTICAL AIRCRAFT
036 A-10................. 89,919 173,919
Retain A-10 force [84,000]
structure.
037 F-15................. 148,378 148,378
038 F-16................. 6,896 6,896
039 F-22A................ 283,871 283,871
040 F-35 MODIFICATIONS... 147,995 147,995
AIRLIFT AIRCRAFT
041 C-5.................. 6,967 6,967
043 C-5M................. 944,819 879,819
Inflation [-65,000]
adjustment and
installation
efficiencies.
044 ADVANCE 175,800 175,800
PROCUREMENT (CY).
046 C-17A................ 205,079 205,079
047 C-21................. 199 199
048 C-32A................ 1,750 1,750
049 C-37A................ 445 445
TRAINER AIRCRAFT
051 GLIDER MODS.......... 126 126
052 T-6.................. 15,494 15,494
[[Page 126 STAT. 2245]]
053 T-1.................. 272 272
054 T-38................. 20,455 20,455
OTHER AIRCRAFT
056 U-2 MODS............. 44,477 44,477
057 KC-10A (ATCA)........ 46,921 46,921
058 C-12................. 1,876 1,876
059 MC-12W............... 17,054 17,054
060 C-20 MODS............ 243 243
061 VC-25A MOD........... 11,185 11,185
062 C-40................. 243 243
063 C-130................ 67,853 67,853
065 C-130J MODS.......... 70,555 70,555
066 C-135................ 46,707 46,707
067 COMPASS CALL MODS.... 50,024 50,024
068 RC-135............... 165,237 165,237
069 E-3.................. 193,099 193,099
070 E-4.................. 47,616 47,616
071 E-8.................. 59,320 59,320
072 H-1.................. 5,449 5,449
073 H-60................. 26,227 26,227
074 RQ-4 MODS............ 9,257 9,257
075 HC/MC-130 22,326 22,326
MODIFICATIONS.
076 OTHER AIRCRAFT....... 18,832 18,832
077 MQ-1 MODS............ 30,861 30,861
078 MQ-9 MODS............ 238,360 238,360
079 MQ-9 UAS PAYLOADS.... 93,461 93,461
080 CV-22 MODS........... 23,881 23,881
AIRCRAFT SPARES AND
REPAIR PARTS
081 INITIAL SPARES/REPAIR 729,691 729,691
PARTS.
COMMON SUPPORT
EQUIPMENT
082 AIRCRAFT REPLACEMENT 56,542 56,542
SUPPORT EQUIP.
POST PRODUCTION
SUPPORT
083 A-10................. 5,100 5,100
084 B-1.................. 965 965
086 B-2A................. 47,580 47,580
088 KC-10A (ATCA)........ 13,100 13,100
089 C-17A................ 181,703 181,703
090 C-130................ 31,830 31,830
091 C-135................ 13,434 13,434
092 F-15................. 2,363 2,363
093 F-16................. 8,506 5,906
Production line [-2,600]
shutdown--excess
to need.
096 OTHER AIRCRAFT....... 9,522 9,522
INDUSTRIAL
PREPAREDNESS
097 INDUSTRIAL 20,731 20,731
RESPONSIVENESS.
WAR CONSUMABLES
098 WAR CONSUMABLES...... 89,727 89,727
OTHER PRODUCTION
CHARGES
099 OTHER PRODUCTION 842,392 842,392
CHARGES.
CLASSIFIED PROGRAMS
103A CLASSIFIED PROGRAMS.. 20,164 20,164
TOTAL AIRCRAFT 11,002,999 11,279,599
PROCUREMENT, AIR
FORCE.
PROCUREMENT OF
AMMUNITION, AIR
FORCE
ROCKETS
001 ROCKETS.............. 8,927 8,927
CARTRIDGES
002 CARTRIDGES........... 118,075 118,075
BOMBS
003 PRACTICE BOMBS....... 32,393 32,393
004 GENERAL PURPOSE BOMBS 163,467 163,467
005 JOINT DIRECT ATTACK 101,921 101,921
MUNITION.
FLARE, IR MJU-7B
006 CAD/PAD.............. 43,829 43,829
007 EXPLOSIVE ORDNANCE 7,515 7,515
DISPOSAL (EOD).
008 SPARES AND REPAIR 1,003 1,003
PARTS.
009 MODIFICATIONS........ 5,321 5,321
[[Page 126 STAT. 2246]]
010 ITEMS LESS THAN $5 5,066 5,066
MILLION.
FUZES
011 FLARES............... 46,010 46,010
012 FUZES................ 36,444 36,444
SMALL ARMS
013 SMALL ARMS........... 29,223 29,223
TOTAL 599,194 599,194
PROCUREMENT OF
AMMUNITION, AIR
FORCE.
MISSILE PROCUREMENT,
AIR FORCE
MISSILE REPLACEMENT
EQUIPMENT--BALLISTIC
001 MISSILE REPLACEMENT 56,906 56,906
EQ-BALLISTIC.
TACTICAL
002 JASSM................ 240,399 240,399
003 SIDEWINDER (AIM-9X).. 88,020 88,020
004 AMRAAM............... 229,637 206,937
Missile unit cost [-22,700]
adjustment.
005 PREDATOR HELLFIRE 47,675 47,675
MISSILE.
006 SMALL DIAMETER BOMB.. 42,000 42,000
INDUSTRIAL FACILITIES
007 INDUSTR'L PREPAREDNS/ 744 744
POL PREVENTION.
CLASS IV
009 MM III MODIFICATIONS. 54,794 54,794
010 AGM-65D MAVERICK..... 271 271
011 AGM-88A HARM......... 23,240 23,240
012 AIR LAUNCH CRUISE 13,620 13,620
MISSILE (ALCM).
013 SMALL DIAMETER BOMB.. 5,000 5,000
MISSILE SPARES AND
REPAIR PARTS
014 INITIAL SPARES/REPAIR 74,373 74,373
PARTS.
SPACE PROGRAMS
015 ADVANCED EHF......... 557,205 547,205
Schedule Delay [-10,000]
Due to Late AP
Award.
017 WIDEBAND GAPFILLER 36,835 36,835
SATELLITES(SPACE).
019 GPS III SPACE SEGMENT 410,294 410,294
020 ADVANCE 82,616 82,616
PROCUREMENT (CY).
021 SPACEBORNE EQUIP 10,554 10,554
(COMSEC).
022 GLOBAL POSITIONING 58,147 58,147
(SPACE).
023 DEF METEOROLOGICAL 89,022 89,022
SAT PROG(SPACE).
024 EVOLVED EXPENDABLE 1,679,856 1,679,856
LAUNCH VEH(SPACE).
025 SBIR HIGH (SPACE).... 454,251 454,251
SPECIAL PROGRAMS
030 SPECIAL UPDATE 138,904 138,904
PROGRAMS.
CLASSIFIED PROGRAMS
030A CLASSIFIED PROGRAMS.. 1,097,483 1,097,483
TOTAL MISSILE 5,491,846 5,459,146
PROCUREMENT, AIR
FORCE.
OTHER PROCUREMENT,
AIR FORCE
PASSENGER CARRYING
VEHICLES
001 PASSENGER CARRYING 1,905 1,905
VEHICLES.
CARGO AND UTILITY
VEHICLES
002 MEDIUM TACTICAL 18,547 18,547
VEHICLE.
003 CAP VEHICLES......... 932 932
004 ITEMS LESS THAN $5 1,699 1,699
MILLION.
SPECIAL PURPOSE
VEHICLES
005 SECURITY AND TACTICAL 10,850 10,850
VEHICLES.
006 ITEMS LESS THAN $5 9,246 9,246
MILLION.
FIRE FIGHTING
EQUIPMENT
007 FIRE FIGHTING/CRASH 23,148 23,148
RESCUE VEHICLES.
MATERIALS HANDLING
EQUIPMENT
008 ITEMS LESS THAN $5 18,323 18,323
MILLION.
BASE MAINTENANCE
SUPPORT
009 RUNWAY SNOW REMOV AND 1,685 1,685
CLEANING EQU.
010 ITEMS LESS THAN $5 17,014 17,014
MILLION.
COMM SECURITY
EQUIPMENT(COMSEC)
012 COMSEC EQUIPMENT..... 166,559 166,559
013 MODIFICATIONS 1,133 1,133
(COMSEC).
INTELLIGENCE PROGRAMS
[[Page 126 STAT. 2247]]
014 INTELLIGENCE TRAINING 2,749 2,749
EQUIPMENT.
015 INTELLIGENCE COMM 32,876 32,876
EQUIPMENT.
016 ADVANCE TECH SENSORS. 877 877
017 MISSION PLANNING 15,295 15,295
SYSTEMS.
ELECTRONICS PROGRAMS
018 AIR TRAFFIC CONTROL & 21,984 21,984
LANDING SYS.
019 NATIONAL AIRSPACE 30,698 30,698
SYSTEM.
020 BATTLE CONTROL 17,368 17,368
SYSTEM--FIXED.
021 THEATER AIR CONTROL 23,483 23,483
SYS IMPROVEMENTS.
022 WEATHER OBSERVATION 17,864 17,864
FORECAST.
023 STRATEGIC COMMAND AND 53,995 34,995
CONTROL.
Early to need.... [-19,000]
024 CHEYENNE MOUNTAIN 14,578 14,578
COMPLEX.
025 TAC SIGINT SPT....... 208 208
SPCL COMM-ELECTRONICS
PROJECTS
027 GENERAL INFORMATION 69,743 69,743
TECHNOLOGY.
028 AF GLOBAL COMMAND & 15,829 63,029
CONTROL SYS.
Add MQ-1/9 RSO-- [9,900]
SOC Procurement.
Establish ANG [37,300]
Targeting Unit--
Workstation
Procurement.
029 MOBILITY COMMAND AND 11,023 11,023
CONTROL.
030 AIR FORCE PHYSICAL 64,521 64,521
SECURITY SYSTEM.
031 COMBAT TRAINING 18,217 18,217
RANGES.
032 C3 COUNTERMEASURES... 11,899 11,899
033 GCSS-AF FOS.......... 13,920 13,920
034 THEATER BATTLE MGT C2 9,365 9,365
SYSTEM.
035 AIR & SPACE 33,907 33,907
OPERATIONS CTR-WPN
SYS.
AIR FORCE
COMMUNICATIONS
036 INFORMATION TRANSPORT 52,464 52,464
SYSTEMS.
038 AFNET................ 125,788 125,788
039 VOICE SYSTEMS........ 16,811 16,811
040 USCENTCOM............ 32,138 32,138
DISA PROGRAMS
041 SPACE BASED IR SENSOR 47,135 47,135
PGM SPACE.
042 NAVSTAR GPS SPACE.... 2,031 2,031
043 NUDET DETECTION SYS 5,564 5,564
SPACE.
044 AF SATELLITE CONTROL 44,219 44,219
NETWORK SPACE.
045 SPACELIFT RANGE 109,545 109,545
SYSTEM SPACE.
046 MILSATCOM SPACE...... 47,592 47,592
047 SPACE MODS SPACE..... 47,121 47,121
048 COUNTERSPACE SYSTEM.. 20,961 20,961
ORGANIZATION AND BASE
049 TACTICAL C-E 126,131 126,131
EQUIPMENT.
050 COMBAT SURVIVOR 23,707 23,707
EVADER LOCATER.
051 RADIO EQUIPMENT...... 12,757 12,757
052 CCTV/AUDIOVISUAL 10,716 10,716
EQUIPMENT.
053 BASE COMM 74,528 74,528
INFRASTRUCTURE.
MODIFICATIONS
054 COMM ELECT MODS...... 43,507 43,507
PERSONAL SAFETY &
RESCUE EQUIP
055 NIGHT VISION GOGGLES. 22,693 22,693
056 ITEMS LESS THAN $5 30,887 30,887
MILLION.
DEPOT PLANT+MTRLS
HANDLING EQ
057 MECHANIZED MATERIAL 2,850 2,850
HANDLING EQUIP.
BASE SUPPORT
EQUIPMENT
058 BASE PROCURED 8,387 8,387
EQUIPMENT.
059 CONTINGENCY 10,358 10,358
OPERATIONS.
060 PRODUCTIVITY CAPITAL 3,473 3,473
INVESTMENT.
062 MOBILITY EQUIPMENT... 14,471 14,471
063 ITEMS LESS THAN $5 1,894 1,894
MILLION.
SPECIAL SUPPORT
PROJECTS
065 DARP RC135........... 24,176 24,176
066 DCGS-AF.............. 142,928 142,928
068 SPECIAL UPDATE 479,446 479,446
PROGRAM.
069 DEFENSE SPACE 39,155 39,155
RECONNAISSANCE PROG..
CLASSIFIED PROGRAMS
069A CLASSIFIED PROGRAMS.. 14,331,312 14,331,312
SPARES AND REPAIR
PARTS
[[Page 126 STAT. 2248]]
071 SPARES AND REPAIR 14,663 14,663
PARTS.
TOTAL OTHER 16,720,848 16,749,048
PROCUREMENT, AIR
FORCE.
PROCUREMENT, DEFENSE-
WIDE
MAJOR EQUIPMENT, DCAA
002 ITEMS LESS THAN $5 1,486 1,486
MILLION.
MAJOR EQUIPMENT, DCMA
003 MAJOR EQUIPMENT...... 2,129 2,129
MAJOR EQUIPMENT, DHRA
005 PERSONNEL 6,147 6,147
ADMINISTRATION.
MAJOR EQUIPMENT, DISA
012 INFORMATION SYSTEMS 12,708 12,708
SECURITY.
014 GLOBAL COMBAT SUPPORT 3,002 3,002
SYSTEM.
015 TELEPORT PROGRAM..... 46,992 46,992
016 ITEMS LESS THAN $5 108,462 108,462
MILLION.
017 NET CENTRIC 2,865 2,865
ENTERPRISE SERVICES
(NCES).
018 DEFENSE INFORMATION 116,906 116,906
SYSTEM NETWORK.
019 PUBLIC KEY 1,827 1,827
INFRASTRUCTURE.
021 CYBER SECURITY 10,319 10,319
INITIATIVE.
MAJOR EQUIPMENT, DLA
022 MAJOR EQUIPMENT...... 9,575 9,575
MAJOR EQUIPMENT,
DMACT
023 MAJOR EQUIPMENT...... 15,179 15,179
MAJOR EQUIPMENT,
DODEA
024 AUTOMATION/ 1,458 1,458
EDUCATIONAL SUPPORT
& LOGISTICS.
MAJOR EQUIPMENT, DSS
026 MAJOR EQUIPMENT...... 2,522 2,522
MAJOR EQUIPMENT,
DEFENSE THREAT
REDUCTION AGENCY
027 VEHICLES............. 50 50
028 OTHER MAJOR EQUIPMENT 13,096 13,096
MAJOR EQUIPMENT,
MISSILE DEFENSE
AGENCY
030 THAAD................ 460,728 460,728
031 AEGIS BMD............ 389,626 389,626
032 BMDS AN/TPY-2 RADARS. 217,244 380,244
Procure [163,000]
additional AN/TPY-
2 radar.
033 RADAR SPARES......... 10,177 10,177
MAJOR EQUIPMENT, NSA
041 INFORMATION SYSTEMS 6,770 6,770
SECURITY PROGRAM
(ISSP).
MAJOR EQUIPMENT, OSD
042 MAJOR EQUIPMENT, OSD. 45,938 45,938
043 MAJOR EQUIPMENT, 17,582 17,582
INTELLIGENCE.
MAJOR EQUIPMENT, TJS
044 MAJOR EQUIPMENT, TJS. 21,878 21,878
MAJOR EQUIPMENT, WHS
045 MAJOR EQUIPMENT, WHS. 26,550 26,550
CLASSIFIED PROGRAMS
045A CLASSIFIED PROGRAMS.. 555,787 555,787
AVIATION PROGRAMS
046 ROTARY WING UPGRADES 74,832 74,832
AND SUSTAINMENT.
048 MH-60 MODERNIZATION 126,780 126,780
PROGRAM.
049 NON-STANDARD AVIATION 99,776 37,000
Transfer to Line [-62,776]
051--Mission
Shift.
051 U-28................. 7,530 116,906
Transfer from [62,776]
Line 049--Mission
Shift.
USSOCOM UFR...... [46,600]
052 MH-47 CHINOOK........ 134,785 134,785
053 RQ-11 UNMANNED AERIAL 2,062 2,062
VEHICLE.
054 CV-22 MODIFICATION... 139,147 139,147
055 MQ-1 UNMANNED AERIAL 3,963 26,963
VEHICLE.
USSOCOM UFR...... [23,000]
056 MQ-9 UNMANNED AERIAL 3,952 39,352
VEHICLE.
USSOCOM UFR...... [35,400]
058 STUASL0.............. 12,945 12,945
059 PRECISION STRIKE 73,013 73,013
PACKAGE.
060 AC/MC-130J........... 51,484 51,484
062 C-130 MODIFICATIONS.. 25,248 25,248
[[Page 126 STAT. 2249]]
063 AIRCRAFT SUPPORT..... 5,314 5,314
SHIPBUILDING
064 UNDERWATER SYSTEMS... 23,037 15,037
Transfer to RDDW [-8,000]
Line 272 at
USSOCOM request.
AMMUNITION PROGRAMS
066 ORDNANCE 113,183 113,183
REPLENISHMENT.
067 ORDNANCE ACQUISITION. 36,981 36,981
OTHER PROCUREMENT
PROGRAMS
068 COMMUNICATIONS 99,838 103,738
EQUIPMENT AND
ELECTRONICS.
USSOCOM UFR...... [3,900]
069 INTELLIGENCE SYSTEMS. 71,428 71,428
070 SMALL ARMS AND 27,108 27,108
WEAPONS.
071 DISTRIBUTED COMMON 12,767 15,967
GROUND/SURFACE
SYSTEMS.
USSOCOM UFR...... [3,200]
074 COMBATANT CRAFT 42,348 42,348
SYSTEMS.
075 SPARES AND REPAIR 600 600
PARTS.
077 TACTICAL VEHICLES.... 37,421 37,421
078 MISSION TRAINING AND 36,949 41,949
PREPARATION SYSTEMS.
USSOCOM UFR...... [5,000]
079 COMBAT MISSION 20,255 26,255
REQUIREMENTS.
AC-130 electro- [6,000]
optical and
infrared sensors.
080 MILCON COLLATERAL 17,590 17,590
EQUIPMENT.
082 AUTOMATION SYSTEMS... 66,573 66,573
083 GLOBAL VIDEO 6,549 6,549
SURVEILLANCE
ACTIVITIES.
084 OPERATIONAL 32,335 32,335
ENHANCEMENTS
INTELLIGENCE.
085 SOLDIER PROTECTION 15,153 15,153
AND SURVIVAL SYSTEMS.
086 VISUAL AUGMENTATION 33,920 33,920
LASERS AND SENSOR
SYSTEMS.
087 TACTICAL RADIO 75,132 75,132
SYSTEMS.
090 MISCELLANEOUS 6,667 6,667
EQUIPMENT.
091 OPERATIONAL 217,972 243,272
ENHANCEMENTS.
USSOCOM UFR...... [25,300]
092 MILITARY INFORMATION 27,417 27,417
SUPPORT OPERATIONS.
CBDP
093 INSTALLATION FORCE 24,025 24,025
PROTECTION.
094 INDIVIDUAL PROTECTION 73,720 73,720
095 DECONTAMINATION...... 506 506
096 JOINT BIO DEFENSE 32,597 32,597
PROGRAM (MEDICAL).
097 COLLECTIVE PROTECTION 3,144 3,144
098 CONTAMINATION 164,886 164,886
AVOIDANCE.
TOTAL 4,187,935 4,491,335
PROCUREMENT,
DEFENSE-WIDE.
JOINT URGENT
OPERATIONAL NEEDS
FUND
JOINT URGENT
OPERATIONAL NEEDS
FUND
001 JOINT URGENT 99,477 0
OPERATIONAL NEEDS
FUND.
Program reduction [-99,477]
TOTAL JOINT 99,477 0
URGENT
OPERATIONAL
NEEDS FUND.
NATIONAL GUARD &
RESERVE EQUIPMENT
UNDISTRIBUTED
999 MISCELLANEOUS 150,000
EQUIPMENT.
Program increase. [150,000]
TOTAL NATIONAL 150,000
GUARD & RESERVE
EQUIPMENT.
TOTAL 97,432,379 98,398,230
PROCUREMENT.
------------------------------------------------------------------------
SEC. 4102. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS.
------------------------------------------------------------------------
SEC. 4102. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS (In Thousands
of Dollars)
-------------------------------------------------------------------------
FY 2013 Conference
Line Item Request Authorized
------------------------------------------------------------------------
AIRCRAFT PROCUREMENT,
ARMY
[[Page 126 STAT. 2250]]
ROTARY
009 AH-64 APACHE BLOCK 71,000 71,000
IIIB NEW BUILD.
012 KIOWA WARRIOR (OH- 183,900 183,900
58F) WRA.
015 CH-47 HELICOPTER..... 231,300 231,300
TOTAL AIRCRAFT 486,200 486,200
PROCUREMENT,
ARMY.
MISSILE PROCUREMENT,
ARMY
AIR-TO-SURFACE
MISSILE SYSTEM
004 HELLFIRE SYS SUMMARY. 29,100 29,100
ANTI-TANK/ASSAULT
MISSILE SYS
008 GUIDED MLRS ROCKET 20,553 20,553
(GMLRS).
TOTAL MISSILE 49,653 49,653
PROCUREMENT,
ARMY.
PROCUREMENT OF W&TCV,
ARMY
MOD OF WEAPONS AND
OTHER COMBAT VEH
036 M16 RIFLE MODS....... 15,422 15,422
TOTAL 15,422 15,422
PROCUREMENT OF
W&TCV, ARMY.
PROCUREMENT OF
AMMUNITION, ARMY
SMALL/MEDIUM CAL
AMMUNITION
003 CTG, HANDGUN, ALL 1,500 1,500
TYPES.
004 CTG, .50 CAL, ALL 10,000 10,000
TYPES.
007 CTG, 30MM, ALL TYPES. 80,000 61,000
Pricing [-19,000]
adjustments for
target practice
round and light-
weight dual
purpose round.
MORTAR AMMUNITION
009 60MM MORTAR, ALL 14,000 14,000
TYPES.
010 81MM MORTAR, ALL 6,000 6,000
TYPES.
011 120MM MORTAR, ALL 56,000 56,000
TYPES.
ARTILLERY AMMUNITION
013 ARTILLERY CARTRIDGES, 29,956 29,956
75MM AND 105MM, ALL
TYP.
014 ARTILLERY PROJECTILE, 37,044 37,044
155MM, ALL TYPES.
015 PROJ 155MM EXTENDED 12,300 12,300
RANGE XM982.
016 ARTILLERY 17,000 17,000
PROPELLANTS, FUZES
AND PRIMERS, ALL.
MINES
017 MINES & CLEARING 12,000 12,000
CHARGES, ALL TYPES.
ROCKETS
020 ROCKET, HYDRA 70, ALL 63,635 63,635
TYPES.
OTHER AMMUNITION
023 SIGNALS, ALL TYPES... 16,858 16,858
MISCELLANEOUS
028 ITEMS LESS THAN $5 1,200 1,200
MILLION.
TOTAL 357,493 338,493
PROCUREMENT OF
AMMUNITION, ARMY.
OTHER PROCUREMENT,
ARMY
TACTICAL VEHICLES
002 FAMILY OF MEDIUM 28,247 28,247
TACTICAL VEH (FMTV).
004 FAMILY OF HEAVY 2,050 2,050
TACTICAL VEHICLES
(FHTV).
011 HMMWV 271,000 271,000
RECAPITALIZATION
PROGRAM.
014 MINE-RESISTANT AMBUSH- 927,400 927,400
PROTECTED (MRAP)
MODS.
COMM--INTELLIGENCE
COMM
052 RESERVE CA/MISO GPF 8,000 8,000
EQUIPMENT.
COMM--BASE
COMMUNICATIONS
061 INSTALLATION INFO 25,000 65,000
INFRASTRUCTURE MOD
PROGRAM(.
Transfer from OMA [40,000]
OCO at SOUTHCOM
request.
ELECT EQUIP--TACT INT
REL ACT (TIARA)
069 DCGS-A (MIP)......... 90,355 90,355
073 CI HUMINT AUTO 6,516 6,516
REPRINTING AND
COLLECTION.
ELECT EQUIP--
ELECTRONIC WARFARE
(EW)
075 LIGHTWEIGHT COUNTER 27,646 27,646
MORTAR RADAR.
077 FMLY OF PERSISTENT 52,000 52,000
SURVEILLANCE
CAPABILITIES.
078 COUNTERINTELLIGENCE/ 205,209 205,209
SECURITY
COUNTERMEASURES.
ELECT EQUIP--TACTICAL
SURV. (TAC SURV)
092 MOD OF IN-SVC EQUIP 14,600 14,600
(FIREFINDER RADARS).
099 COUNTERFIRE RADARS... 54,585 54,585
ELECT EQUIP--TACTICAL
C2 SYSTEMS
102 FIRE SUPPORT C2 22,430 22,430
FAMILY.
[[Page 126 STAT. 2251]]
103 BATTLE COMMAND 2,400 2,400
SUSTAINMENT SUPPORT
SYSTEM.
112 MANEUVER CONTROL 6,400 6,400
SYSTEM (MCS).
113 SINGLE ARMY LOGISTICS 5,160 5,160
ENTERPRISE (SALE).
CHEMICAL DEFENSIVE
EQUIPMENT
126 FAMILY OF NON-LETHAL 15,000 15,000
EQUIPMENT (FNLE).
127 BASE DEFENSE SYSTEMS 66,100 66,100
(BDS).
ENGINEER (NON-
CONSTRUCTION)
EQUIPMENT
135 EXPLOSIVE ORDNANCE 3,565 3,565
DISPOSAL EQPMT (EOD
EQPMT).
COMBAT SERVICE
SUPPORT EQUIPMENT
143 FORCE PROVIDER....... 39,700 39,700
145 CARGO AERIAL DEL & 650 650
PERSONNEL PARACHUTE
SYSTEM.
PETROLEUM EQUIPMENT
149 DISTRIBUTION SYSTEMS, 2,119 2,119
PETROLEUM & WATER.
MAINTENANCE EQUIPMENT
152 MOBILE MAINTENANCE 428 428
EQUIPMENT SYSTEMS.
153 ITEMS LESS THAN $5 30 30
MILLION (MAINT EQ).
TRAINING EQUIPMENT
175 COMBAT TRAINING 7,000 7,000
CENTERS SUPPORT.
176 TRAINING DEVICES, 27,250 27,250
NONSYSTEM.
178 AVIATION COMBINED 1,000 1,000
ARMS TACTICAL
TRAINER.
179 GAMING TECHNOLOGY IN 5,900 5,900
SUPPORT OF ARMY
TRAINING.
OTHER SUPPORT
EQUIPMENT
183 RAPID EQUIPPING 98,167 118,167
SOLDIER SUPPORT
EQUIPMENT.
Rapid equipping [-10,000]
force delayed
execution rates.
Solar power units [30,000]
TOTAL OTHER 2,015,907 2,075,907
PROCUREMENT,
ARMY.
JOINT IMPR EXPLOSIVE
DEV DEFEAT FUND
NETWORK ATTACK
001 ATTACK THE NETWORK... 950,500 925,000
Program decrease-- [-25,500]
under execution.
JIEDDO DEVICE DEFEAT
002 DEFEAT THE DEVICE.... 400,000 375,000
Program decrease-- [-25,000]
under execution &
program delays.
FORCE TRAINING
003 TRAIN THE FORCE...... 149,500 144,500
Program decrease-- [-5,000]
under execution &
program delays.
STAFF AND
INFRASTRUCTURE
004 OPERATIONS........... 175,400 397,814
Program decrease-- [-5,000]
under execution &
program delays.
Transfer from [227,414]
title 1.
TOTAL JOINT IMPR 1,675,400 1,842,314
EXPLOSIVE DEV
DEFEAT FUND.
AIRCRAFT PROCUREMENT,
NAVY
COMBAT AIRCRAFT
011 H-1 UPGRADES (UH-1Y/ 29,800 29,800
AH-1Z).
MODIFICATION OF
AIRCRAFT
030 AV-8 SERIES.......... 42,238 42,238
032 F-18 SERIES.......... 41,243 41,243
035 H-53 SERIES.......... 15,870 15,870
038 EP-3 SERIES.......... 13,030 13,030
043 C-130 SERIES......... 16,737 16,737
048 SPECIAL PROJECT 2,714 2,714
AIRCRAFT.
054 COMMON AVIONICS 570 570
CHANGES.
AIRCRAFT SUPPORT
EQUIP & FACILITIES
062 COMMON GROUND 2,380 2,380
EQUIPMENT.
TOTAL AIRCRAFT 164,582 164,582
PROCUREMENT,
NAVY.
WEAPONS PROCUREMENT,
NAVY
TACTICAL MISSILES
009 HELLFIRE............. 17,000 17,000
010 STAND OFF PRECISION 6,500 6,500
GUIDED MUNITIONS
(SOPGM).
TOTAL WEAPONS 23,500 23,500
PROCUREMENT,
NAVY.
PROCUREMENT OF AMMO,
NAVY & MC
NAVY AMMUNITION
[[Page 126 STAT. 2252]]
001 GENERAL PURPOSE BOMBS 18,000 18,000
002 AIRBORNE ROCKETS, ALL 80,200 80,200
TYPES.
003 MACHINE GUN 21,500 21,500
AMMUNITION.
006 AIR EXPENDABLE 20,303 20,303
COUNTERMEASURES.
011 OTHER SHIP GUN 532 532
AMMUNITION.
012 SMALL ARMS & LANDING 2,643 2,643
PARTY AMMO.
013 PYROTECHNIC AND 2,322 2,322
DEMOLITION.
014 AMMUNITION LESS THAN 6,308 6,308
$5 MILLION.
MARINE CORPS
AMMUNITION
015 SMALL ARMS AMMUNITION 10,948 10,948
016 LINEAR CHARGES, ALL 9,940 9,940
TYPES.
017 40 MM, ALL TYPES..... 5,963 5,963
020 120MM, ALL TYPES..... 11,605 11,605
021 CTG 25MM, ALL TYPES.. 2,831 2,831
022 GRENADES, ALL TYPES.. 2,359 2,359
023 ROCKETS, ALL TYPES... 3,051 3,051
024 ARTILLERY, ALL TYPES. 54,886 54,886
025 DEMOLITION MUNITIONS, 1,391 1,391
ALL TYPES.
026 FUZE, ALL TYPES...... 30,945 30,945
027 NON LETHALS.......... 8 8
029 ITEMS LESS THAN $5 12 12
MILLION.
TOTAL 285,747 285,747
PROCUREMENT OF
AMMO, NAVY & MC.
OTHER PROCUREMENT,
NAVY
OTHER SHORE
ELECTRONIC EQUIPMENT
070 TACTICAL/MOBILE C4I 3,603 3,603
SYSTEMS.
AIRCRAFT SUPPORT
EQUIPMENT
097 EXPEDITIONARY 58,200 58,200
AIRFIELDS.
CIVIL ENGINEERING
SUPPORT EQUIPMENT
127 PASSENGER CARRYING 3,901 3,901
VEHICLES.
128 GENERAL PURPOSE 852 852
TRUCKS.
129 CONSTRUCTION & 2,436 2,436
MAINTENANCE EQUIP.
130 FIRE FIGHTING 3,798 3,798
EQUIPMENT.
131 TACTICAL VEHICLES.... 13,394 13,394
134 ITEMS UNDER $5 375 375
MILLION.
COMMAND SUPPORT
EQUIPMENT
149 C4ISR EQUIPMENT...... 3,000 3,000
151 PHYSICAL SECURITY 9,323 9,323
EQUIPMENT.
TOTAL OTHER 98,882 98,882
PROCUREMENT,
NAVY.
PROCUREMENT, MARINE
CORPS
TRACKED COMBAT
VEHICLES
002 LAV PIP.............. 10,000 10,000
ARTILLERY AND OTHER
WEAPONS
005 HIGH MOBILITY 108,860 108,860
ARTILLERY ROCKET
SYSTEM.
GUIDED MISSILES
010 JAVELIN.............. 29,158 29,158
OTHER SUPPORT
013 MODIFICATION KITS.... 41,602 41,602
REPAIR AND TEST
EQUIPMENT
015 REPAIR AND TEST 13,632 13,632
EQUIPMENT.
OTHER SUPPORT (TEL)
017 MODIFICATION KITS.... 2,831 2,831
COMMAND AND CONTROL
SYSTEM (NON-TEL)
019 AIR OPERATIONS C2 15,575 15,575
SYSTEMS.
RADAR + EQUIPMENT
(NON-TEL)
020 RADAR SYSTEMS........ 8,015 8,015
INTELL/COMM EQUIPMENT
(NON-TEL)
023 INTELLIGENCE SUPPORT 35,310 35,310
EQUIPMENT.
OTHER COMM/ELEC
EQUIPMENT (NON-TEL)
029 NIGHT VISION 652 652
EQUIPMENT.
OTHER SUPPORT (NON-
TEL)
030 COMMON COMPUTER 19,807 19,807
RESOURCES.
032 RADIO SYSTEMS........ 36,482 36,482
033 COMM SWITCHING & 41,295 41,295
CONTROL SYSTEMS.
TACTICAL VEHICLES
039 MEDIUM TACTICAL 10,466 10,466
VEHICLE REPLACEMENT.
[[Page 126 STAT. 2253]]
041 FAMILY OF TACTICAL 7,642 7,642
TRAILERS.
ENGINEER AND OTHER
EQUIPMENT
045 BULK LIQUID EQUIPMENT 18,239 18,239
046 TACTICAL FUEL SYSTEMS 51,359 51,359
047 POWER EQUIPMENT 20,247 20,247
ASSORTED.
049 EOD SYSTEMS.......... 362,658 362,658
MATERIALS HANDLING
EQUIPMENT
050 PHYSICAL SECURITY 55,500 55,500
EQUIPMENT.
052 MATERIAL HANDLING 19,100 19,100
EQUIP.
GENERAL PROPERTY
054 FIELD MEDICAL 15,751 15,751
EQUIPMENT.
055 TRAINING DEVICES..... 3,602 3,602
057 FAMILY OF 15,900 15,900
CONSTRUCTION
EQUIPMENT.
TOTAL 943,683 943,683
PROCUREMENT,
MARINE CORPS.
AIRCRAFT PROCUREMENT,
AIR FORCE
STRATEGIC AIRCRAFT
035 LARGE AIRCRAFT 139,800 139,800
INFRARED
COUNTERMEASURES.
OTHER AIRCRAFT
055 U-2 MODS............. 46,800 46,800
063 C-130................ 11,400 11,400
067 COMPASS CALL MODS.... 14,000 14,000
068 RC-135............... 8,000 8,000
075 HC/MC-130 4,700 4,700
MODIFICATIONS.
AIRCRAFT SPARES AND
REPAIR PARTS
081 INITIAL SPARES/REPAIR 21,900 21,900
PARTS.
OTHER PRODUCTION
CHARGES
099 OTHER PRODUCTION 59,000 59,000
CHARGES.
TOTAL AIRCRAFT 305,600 305,600
PROCUREMENT, AIR
FORCE.
PROCUREMENT OF
AMMUNITION, AIR
FORCE
CARTRIDGES
002 CARTRIDGES........... 13,592 13,592
BOMBS
004 GENERAL PURPOSE BOMBS 23,211 23,211
005 JOINT DIRECT ATTACK 53,923 53,923
MUNITION.
FLARE, IR MJU-7B
006 CAD/PAD.............. 2,638 2,638
010 ITEMS LESS THAN $5 2,600 2,600
MILLION.
FUZES
011 FLARES............... 11,726 11,726
012 FUZES................ 8,513 8,513
TOTAL 116,203 116,203
PROCUREMENT OF
AMMUNITION, AIR
FORCE.
MISSILE PROCUREMENT,
AIR FORCE
TACTICAL
005 PREDATOR HELLFIRE 34,350 34,350
MISSILE.
TOTAL MISSILE 34,350 34,350
PROCUREMENT, AIR
FORCE.
OTHER PROCUREMENT,
AIR FORCE
CARGO AND UTILITY
VEHICLES
002 MEDIUM TACTICAL 2,010 2,010
VEHICLE.
004 ITEMS LESS THAN $5 2,675 2,675
MILLION.
SPECIAL PURPOSE
VEHICLES
006 ITEMS LESS THAN $5 2,557 2,557
MILLION.
MATERIALS HANDLING
EQUIPMENT
008 ITEMS LESS THAN $5 4,329 4,329
MILLION.
BASE MAINTENANCE
SUPPORT
009 RUNWAY SNOW REMOV AND 984 984
CLEANING EQU.
010 ITEMS LESS THAN $5 9,120 9,120
MILLION.
ELECTRONICS PROGRAMS
022 WEATHER OBSERVATION 5,600 5,600
FORECAST.
SPCL COMM-ELECTRONICS
PROJECTS
027 GENERAL INFORMATION 11,157 11,157
TECHNOLOGY.
ORGANIZATION AND BASE
049 TACTICAL C-E 7,000 7,000
EQUIPMENT.
[[Page 126 STAT. 2254]]
053 BASE COMM 10,654 10,654
INFRASTRUCTURE.
MODIFICATIONS
054 COMM ELECT MODS...... 8,000 8,000
PERSONAL SAFETY &
RESCUE EQUIP
055 NIGHT VISION GOGGLES. 902 902
BASE SUPPORT
EQUIPMENT
059 CONTINGENCY 60,090 60,090
OPERATIONS.
062 MOBILITY EQUIPMENT... 9,400 9,400
063 ITEMS LESS THAN $5 9,175 9,175
MILLION.
CLASSIFIED PROGRAMS
069A CLASSIFIED PROGRAMS.. 2,672,317 2,672,317
SPARES AND REPAIR
PARTS
071 SPARES AND REPAIR 2,300 2,300
PARTS.
TOTAL OTHER 2,818,270 2,818,270
PROCUREMENT, AIR
FORCE.
PROCUREMENT, DEFENSE-
WIDE
MAJOR EQUIPMENT, DISA
015 TELEPORT PROGRAM..... 5,260 5,260
CLASSIFIED PROGRAMS
045A CLASSIFIED PROGRAMS.. 126,201 126,201
AVIATION PROGRAMS
061 MQ-8 UAV............. 16,500 16,500
OTHER PROCUREMENT
PROGRAMS
068 COMMUNICATIONS 151 151
EQUIPMENT AND
ELECTRONICS.
069 INTELLIGENCE SYSTEMS. 30,528 30,528
077 TACTICAL VEHICLES.... 1,843 1,843
082 AUTOMATION SYSTEMS... 1,000 1,000
086 VISUAL AUGMENTATION 108 108
LASERS AND SENSOR
SYSTEMS.
091 OPERATIONAL 14,758 14,758
ENHANCEMENTS.
TOTAL 196,349 196,349
PROCUREMENT,
DEFENSE-WIDE.
JOINT URGENT
OPERATIONAL NEEDS
FUND
JOINT URGENT
OPERATIONAL NEEDS
FUND
001 JOINT URGENT 100,000 0
OPERATIONAL NEEDS
FUND.
Program reduction [-100,000]
TOTAL JOINT 100,000 0
URGENT
OPERATIONAL
NEEDS FUND.
NATIONAL GUARD &
RESERVE EQUIPMENT
UNDISTRIBUTED
999 MISCELLANEOUS 350,000
EQUIPMENT.
Program increase. [350,000]
TOTAL NATIONAL 350,000
GUARD & RESERVE
EQUIPMENT.
TOTAL 9,687,241 10,145,155
PROCUREMENT.
------------------------------------------------------------------------
TITLE XLII--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION.
------------------------------------------------------------------------
SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION (In Thousands of
Dollars)
-------------------------------------------------------------------------
FY 2013 Conference
Line Program Element Item Request Authorized
------------------------------------------------------------------------
............... RESEARCH,
DEVELOPMENT,
TEST & EVAL,
ARMY
............... BASIC RESEARCH
001 0601101A IN-HOUSE 20,860 20,860
LABORATORY
INDEPENDENT
RESEARCH.
002 0601102A DEFENSE RESEARCH 219,180 219,180
SCIENCES.
003 0601103A UNIVERSITY 80,986 80,986
RESEARCH
INITIATIVES.
[[Page 126 STAT. 2255]]
004 0601104A UNIVERSITY AND 123,045 123,045
INDUSTRY
RESEARCH
CENTERS.
............... SUBTOTAL 444,071 444,071
BASIC
RESEARCH.
...............
............... APPLIED RESEARCH
005 0602105A MATERIALS 29,041 39,041
TECHNOLOGY.
............... Advanced [10,000]
coating
technologies
for
corrosion
mitigation.
006 0602120A SENSORS AND 45,260 45,260
ELECTRONIC
SURVIVABILITY.
007 0602122A TRACTOR HIP..... 22,439 22,439
008 0602211A AVIATION 51,607 51,607
TECHNOLOGY.
009 0602270A ELECTRONIC 15,068 15,068
WARFARE
TECHNOLOGY.
010 0602303A MISSILE 49,383 49,383
TECHNOLOGY.
011 0602307A ADVANCED WEAPONS 25,999 25,999
TECHNOLOGY.
012 0602308A ADVANCED 23,507 23,507
CONCEPTS AND
SIMULATION.
013 0602601A COMBAT VEHICLE 69,062 69,062
AND AUTOMOTIVE
TECHNOLOGY.
014 0602618A BALLISTICS 60,823 60,823
TECHNOLOGY.
015 0602622A CHEMICAL, SMOKE 4,465 4,465
AND EQUIPMENT
DEFEATING
TECHNOLOGY.
016 0602623A JOINT SERVICE 7,169 7,169
SMALL ARMS
PROGRAM.
017 0602624A WEAPONS AND 35,218 35,218
MUNITIONS
TECHNOLOGY.
018 0602705A ELECTRONICS AND 60,300 60,300
ELECTRONIC
DEVICES.
019 0602709A NIGHT VISION 53,244 53,244
TECHNOLOGY.
020 0602712A COUNTERMINE 18,850 18,850
SYSTEMS.
021 0602716A HUMAN FACTORS 19,872 19,872
ENGINEERING
TECHNOLOGY.
022 0602720A ENVIRONMENTAL 20,095 20,095
QUALITY
TECHNOLOGY.
023 0602782A COMMAND, 28,852 28,852
CONTROL,
COMMUNICATIONS
TECHNOLOGY.
024 0602783A COMPUTER AND 9,830 9,830
SOFTWARE
TECHNOLOGY.
025 0602784A MILITARY 70,693 70,693
ENGINEERING
TECHNOLOGY.
026 0602785A MANPOWER/ 17,781 17,781
PERSONNEL/
TRAINING
TECHNOLOGY.
027 0602786A WARFIGHTER 28,281 28,281
TECHNOLOGY.
028 0602787A MEDICAL 107,891 107,891
TECHNOLOGY.
............... SUBTOTAL 874,730 884,730
APPLIED
RESEARCH.
...............
............... ADVANCED
TECHNOLOGY
DEVELOPMENT
029 0603001A WARFIGHTER 39,359 39,359
ADVANCED
TECHNOLOGY.
030 0603002A MEDICAL ADVANCED 69,580 69,580
TECHNOLOGY.
031 0603003A AVIATION 64,215 64,215
ADVANCED
TECHNOLOGY.
032 0603004A WEAPONS AND 67,613 67,613
MUNITIONS
ADVANCED
TECHNOLOGY.
033 0603005A COMBAT VEHICLE 104,359 104,359
AND AUTOMOTIVE
ADVANCED
TECHNOLOGY.
034 0603006A COMMAND, 4,157 4,157
CONTROL,
COMMUNICATIONS
ADVANCED
TECHNOLOGY.
035 0603007A MANPOWER, 9,856 9,856
PERSONNEL AND
TRAINING
ADVANCED
TECHNOLOGY.
036 0603008A ELECTRONIC 50,661 50,661
WARFARE
ADVANCED
TECHNOLOGY.
037 0603009A TRACTOR HIKE.... 9,126 9,126
038 0603015A NEXT GENERATION 17,257 17,257
TRAINING &
SIMULATION
SYSTEMS.
039 0603020A TRACTOR ROSE.... 9,925 9,925
040 0603105A MILITARY HIV 6,984 6,984
RESEARCH.
041 0603125A COMBATING 9,716 9,716
TERRORISM--TECH
NOLOGY
DEVELOPMENT.
042 0603130A TRACTOR NAIL.... 3,487 3,487
043 0603131A TRACTOR EGGS.... 2,323 2,323
044 0603270A ELECTRONIC 21,683 21,683
WARFARE
TECHNOLOGY.
045 0603313A MISSILE AND 71,111 71,111
ROCKET ADVANCED
TECHNOLOGY.
046 0603322A TRACTOR CAGE.... 10,902 10,902
047 0603461A HIGH PERFORMANCE 180,582 180,582
COMPUTING
MODERNIZATION
PROGRAM.
048 0603606A LANDMINE WARFARE 27,204 27,204
AND BARRIER
ADVANCED
TECHNOLOGY.
049 0603607A JOINT SERVICE 6,095 6,095
SMALL ARMS
PROGRAM.
050 0603710A NIGHT VISION 37,217 37,217
ADVANCED
TECHNOLOGY.
[[Page 126 STAT. 2256]]
051 0603728A ENVIRONMENTAL 13,626 13,626
QUALITY
TECHNOLOGY
DEMONSTRATIONS.
052 0603734A MILITARY 28,458 28,458
ENGINEERING
ADVANCED
TECHNOLOGY.
053 0603772A ADVANCED 25,226 25,226
TACTICAL
COMPUTER
SCIENCE AND
SENSOR
TECHNOLOGY.
............... SUBTOTAL 890,722 890,722
ADVANCED
TECHNOLOGY
DEVELOPMENT.
...............
............... ADVANCED
COMPONENT
DEVELOPMENT &
PROTOTYPES
054 0603305A ARMY MISSILE 14,505 14,505
DEFENSE SYSTEMS
INTEGRATION.
055 0603308A ARMY SPACE 9,876 9,876
SYSTEMS
INTEGRATION.
056 0603619A LANDMINE WARFARE 5,054 5,054
AND BARRIER--
ADV DEV.
057 0603627A SMOKE, OBSCURANT 2,725 2,725
AND TARGET
DEFEATING SYS-
ADV DEV.
058 0603639A TANK AND MEDIUM 30,560 30,560
CALIBER
AMMUNITION.
059 0603653A ADVANCED TANK 14,347 14,347
ARMAMENT SYSTEM
(ATAS).
060 0603747A SOLDIER SUPPORT 10,073 10,073
AND
SURVIVABILITY.
061 0603766A TACTICAL 8,660 8,660
ELECTRONIC
SURVEILLANCE
SYSTEM--ADV DEV.
062 0603774A NIGHT VISION 10,715 10,715
SYSTEMS
ADVANCED
DEVELOPMENT.
063 0603779A ENVIRONMENTAL 4,631 4,631
QUALITY
TECHNOLOGY--DEM/
VAL.
064 0603782A WARFIGHTER 278,018 278,018
INFORMATION
NETWORK-
TACTICAL--DEM/
VAL.
065 0603790A NATO RESEARCH 4,961 4,961
AND DEVELOPMENT.
066 0603801A AVIATION--ADV 8,602 8,602
DEV.
067 0603804A LOGISTICS AND 14,605 14,605
ENGINEER
EQUIPMENT--ADV
DEV.
068 0603805A COMBAT SERVICE 5,054 5,054
SUPPORT CONTROL
SYSTEM
EVALUATION AND
ANALYSIS.
069 0603807A MEDICAL SYSTEMS-- 24,384 24,384
ADV DEV.
070 0603827A SOLDIER SYSTEMS-- 32,050 32,050
ADVANCED
DEVELOPMENT.
071 0603850A INTEGRATED 96 96
BROADCAST
SERVICE.
072 0604115A TECHNOLOGY 24,868 24,868
MATURATION
INITIATIVES.
073 0604131A TRACTOR JUTE.... 59 59
075 0604319A INDIRECT FIRE 76,039 76,039
PROTECTION
CAPABILITY
INCREMENT 2-
INTERCEPT
(IFPC2).
077 0604785A INTEGRATED BASE 4,043 4,043
DEFENSE (BUDGET
ACTIVITY 4).
078 0305205A ENDURANCE UAVS.. 26,196 20,197
............... Program [-5,999]
decrease.
............... SUBTOTAL 610,121 604,122
ADVANCED
COMPONENT
DEVELOPMENT &
PROTOTYPES.
...............
............... SYSTEM
DEVELOPMENT &
DEMONSTRATION
079 0604201A AIRCRAFT 78,538 78,538
AVIONICS.
080 0604220A ARMED, 90,494 90,494
DEPLOYABLE
HELOS.
081 0604270A ELECTRONIC 181,347 176,347
WARFARE
DEVELOPMENT.
............... Program [-5,000]
adjustment.
083 0604290A MID-TIER 12,636 12,636
NETWORKING
VEHICULAR RADIO
(MNVR).
084 0604321A ALL SOURCE 5,694 5,694
ANALYSIS SYSTEM.
085 0604328A TRACTOR CAGE.... 32,095 32,095
086 0604601A INFANTRY SUPPORT 96,478 93,078
WEAPONS.
............... XM25 funding [-3,400]
ahead of
need.
087 0604604A MEDIUM TACTICAL 3,006 3,006
VEHICLES.
089 0604611A JAVELIN......... 5,040 5,040
090 0604622A FAMILY OF HEAVY 3,077 3,077
TACTICAL
VEHICLES.
091 0604633A AIR TRAFFIC 9,769 9,769
CONTROL.
092 0604641A TACTICAL 13,141 13,141
UNMANNED GROUND
VEHICLE (TUGV).
099 0604710A NIGHT VISION 32,621 32,621
SYSTEMS--ENG
DEV.
100 0604713A COMBAT FEEDING, 2,132 2,132
CLOTHING, AND
EQUIPMENT.
101 0604715A NON-SYSTEM 44,787 44,787
TRAINING
DEVICES--ENG
DEV.
102 0604716A TERRAIN 1,008 1,008
INFORMATION--EN
G DEV.
103 0604741A AIR DEFENSE 73,333 73,333
COMMAND,
CONTROL AND
INTELLIGENCE--E
NG DEV.
[[Page 126 STAT. 2257]]
104 0604742A CONSTRUCTIVE 28,937 28,937
SIMULATION
SYSTEMS
DEVELOPMENT.
105 0604746A AUTOMATIC TEST 10,815 10,815
EQUIPMENT
DEVELOPMENT.
106 0604760A DISTRIBUTIVE 13,926 13,926
INTERACTIVE
SIMULATIONS
(DIS)--ENG DEV.
107 0604780A COMBINED ARMS 17,797 17,797
TACTICAL
TRAINER (CATT)
CORE.
108 0604798A BRIGADE 214,270 214,270
ANALYSIS,
INTEGRATION AND
EVALUATION.
109 0604802A WEAPONS AND 14,581 14,581
MUNITIONS--ENG
DEV.
110 0604804A LOGISTICS AND 43,706 43,706
ENGINEER
EQUIPMENT--ENG
DEV.
111 0604805A COMMAND, 20,776 20,776
CONTROL,
COMMUNICATIONS
SYSTEMS--ENG
DEV.
112 0604807A MEDICAL MATERIEL/ 43,395 43,395
MEDICAL
BIOLOGICAL
DEFENSE
EQUIPMENT--ENG
DEV.
113 0604808A LANDMINE WARFARE/ 104,983 104,983
BARRIER--ENG
DEV.
114 0604814A ARTILLERY 4,346 4,346
MUNITIONS--EMD.
116 0604818A ARMY TACTICAL 77,223 77,223
COMMAND &
CONTROL
HARDWARE &
SOFTWARE.
117 0604820A RADAR 3,486 3,486
DEVELOPMENT.
118 0604822A GENERAL FUND 9,963 27,163
ENTERPRISE
BUSINESS SYSTEM
(GFEBS).
............... GFEBS [17,200]
realignment
per Army
request.
119 0604823A FIREFINDER...... 20,517 20,517
120 0604827A SOLDIER SYSTEMS-- 51,851 51,851
WARRIOR DEM/VAL.
121 0604854A ARTILLERY 167,797 167,797
SYSTEMS--EMD.
122 0604869A PATRIOT/MEADS 400,861 0
COMBINED
AGGREGATE
PROGRAM (CAP).
............... Prohibition [-400,861]
of funds for
MEADS.
123 0604870A NUCLEAR ARMS 7,922 7,922
CONTROL
MONITORING
SENSOR NETWORK.
124 0605013A INFORMATION 51,463 51,463
TECHNOLOGY
DEVELOPMENT.
125 0605018A INTEGRATED 158,646 158,646
PERSONNEL AND
PAY SYSTEM-ARMY
(IPPS-A).
126 0605450A JOINT AIR-TO- 10,000 10,000
GROUND MISSILE
(JAGM).
128 0605456A PAC-3/MSE 69,029 69,029
MISSILE.
129 0605457A ARMY INTEGRATED 277,374 315,374
AIR AND MISSILE
DEFENSE (AIAMD).
............... DRFM [38,000]
countermeasu
res studies.
130 0605625A MANNED GROUND 639,874 639,874
VEHICLE.
131 0605626A AERIAL COMMON 47,426 47,426
SENSOR.
132 0605812A JOINT LIGHT 72,295 72,295
TACTICAL
VEHICLE (JLTV)
ENGINEERING AND
MANUFACTURING
DEVELOPMENT PH.
133 0303032A TROJAN--RH12.... 4,232 4,232
134 0304270A ELECTRONIC 13,942 13,942
WARFARE
DEVELOPMENT.
............... SUBTOTAL 3,286,629 2,932,568
SYSTEM
DEVELOPMENT &
DEMONSTRATION.
...............
............... RDT&E MANAGEMENT
SUPPORT
135 0604256A THREAT SIMULATOR 18,090 18,090
DEVELOPMENT.
136 0604258A TARGET SYSTEMS 14,034 14,034
DEVELOPMENT.
137 0604759A MAJOR T&E 37,394 37,394
INVESTMENT.
138 0605103A RAND ARROYO 21,026 21,026
CENTER.
139 0605301A ARMY KWAJALEIN 176,816 176,816
ATOLL.
140 0605326A CONCEPTS 27,902 27,902
EXPERIMENTATION
PROGRAM.
142 0605601A ARMY TEST RANGES 369,900 369,900
AND FACILITIES.
143 0605602A ARMY TECHNICAL 69,183 69,183
TEST
INSTRUMENTATION
AND TARGETS.
144 0605604A SURVIVABILITY/ 44,753 44,753
LETHALITY
ANALYSIS.
146 0605606A AIRCRAFT 5,762 5,762
CERTIFICATION.
147 0605702A METEOROLOGICAL 7,402 7,402
SUPPORT TO
RDT&E
ACTIVITIES.
148 0605706A MATERIEL SYSTEMS 19,954 19,954
ANALYSIS.
149 0605709A EXPLOITATION OF 5,535 5,535
FOREIGN ITEMS.
150 0605712A SUPPORT OF 67,789 67,789
OPERATIONAL
TESTING.
151 0605716A ARMY EVALUATION 62,765 62,765
CENTER.
[[Page 126 STAT. 2258]]
152 0605718A ARMY MODELING & 1,545 1,545
SIM X-CMD
COLLABORATION &
INTEG.
153 0605801A PROGRAMWIDE 83,422 83,422
ACTIVITIES.
154 0605803A TECHNICAL 50,820 50,820
INFORMATION
ACTIVITIES.
155 0605805A MUNITIONS 46,763 46,763
STANDARDIZATION
, EFFECTIVENESS
AND SAFETY.
156 0605857A ENVIRONMENTAL 4,601 4,601
QUALITY
TECHNOLOGY MGMT
SUPPORT.
157 0605898A MANAGEMENT HQ-- 18,524 18,524
R&D.
............... SUBTOTAL 1,153,980 1,153,980
RDT&E
MANAGEMENT
SUPPORT.
...............
............... OPERATIONAL
SYSTEMS
DEVELOPMENT
159 0603778A MLRS PRODUCT 143,005 143,005
IMPROVEMENT
PROGRAM.
161 0607865A PATRIOT PRODUCT 109,978 109,978
IMPROVEMENT.
162 0102419A AEROSTAT JOINT 190,422 159,922
PROJECT OFFICE.
............... Program [-30,500]
decrease.
164 0203726A ADV FIELD 32,556 32,556
ARTILLERY
TACTICAL DATA
SYSTEM.
165 0203735A COMBAT VEHICLE 253,959 253,959
IMPROVEMENT
PROGRAMS.
166 0203740A MANEUVER CONTROL 68,325 68,325
SYSTEM.
167 0203744A AIRCRAFT 280,247 226,147
MODIFICATIONS/
PRODUCT
IMPROVEMENT
PROGRAMS.
............... Funding [-54,100]
ahead of
need.
168 0203752A AIRCRAFT ENGINE 898 898
COMPONENT
IMPROVEMENT
PROGRAM.
169 0203758A DIGITIZATION.... 35,180 35,180
171 0203801A MISSILE/AIR 20,733 20,733
DEFENSE PRODUCT
IMPROVEMENT
PROGRAM.
172 0203808A TRACTOR CARD.... 63,243 63,243
173 0208053A JOINT TACTICAL 31,738 31,738
GROUND SYSTEM.
174 0208058A JOINT HIGH SPEED 35 35
VESSEL (JHSV).
176 0303028A SECURITY AND 7,591 7,591
INTELLIGENCE
ACTIVITIES.
177 0303140A INFORMATION 15,961 15,961
SYSTEMS
SECURITY
PROGRAM.
178 0303141A GLOBAL COMBAT 120,927 120,927
SUPPORT SYSTEM.
179 0303142A SATCOM GROUND 15,756 15,756
ENVIRONMENT
(SPACE).
180 0303150A WWMCCS/GLOBAL 14,443 14,443
COMMAND AND
CONTROL SYSTEM.
182 0305204A TACTICAL 31,303 31,303
UNMANNED AERIAL
VEHICLES.
183 0305208A DISTRIBUTED 40,876 40,876
COMMON GROUND/
SURFACE SYSTEMS.
184 0305219A MQ-1 SKY WARRIOR 74,618 74,618
A UAV.
185 0305232A RQ-11 UAV....... 4,039 4,039
186 0305233A RQ-7 UAV........ 31,158 31,158
187 0305235A VERTICAL UAS.... 2,387 2,387
188 0307665A BIOMETRICS 15,248 15,248
ENABLED
INTELLIGENCE.
189 0708045A END ITEM 59,908 59,908
INDUSTRIAL
PREPAREDNESS
ACTIVITIES.
189A 9999999999 CLASSIFIED 4,628 4,628
PROGRAMS.
............... SUBTOTAL 1,669,162 1,584,562
OPERATIONAL
SYSTEMS
DEVELOPMENT.
...............
............... TOTAL 8,929,415 8,494,755
RESEARCH,
DEVELOPMENT
, TEST &
EVAL, ARMY.
...............
............... RESEARCH,
DEVELOPMENT,
TEST & EVAL,
NAVY
............... BASIC RESEARCH
001 0601103N UNIVERSITY 113,690 123,690
RESEARCH
INITIATIVES.
............... Increase [10,000]
Defense
University
Research
Instrumentat
ion Program.
002 0601152N IN-HOUSE 18,261 18,261
LABORATORY
INDEPENDENT
RESEARCH.
003 0601153N DEFENSE RESEARCH 473,070 473,070
SCIENCES.
............... SUBTOTAL 605,021 615,021
BASIC
RESEARCH.
...............
............... APPLIED RESEARCH
004 0602114N POWER PROJECTION 89,189 89,189
APPLIED
RESEARCH.
005 0602123N FORCE PROTECTION 143,301 143,301
APPLIED
RESEARCH.
006 0602131M MARINE CORPS 46,528 46,528
LANDING FORCE
TECHNOLOGY.
007 0602235N COMMON PICTURE 41,696 41,696
APPLIED
RESEARCH.
[[Page 126 STAT. 2259]]
008 0602236N WARFIGHTER 44,127 44,127
SUSTAINMENT
APPLIED
RESEARCH.
009 0602271N ELECTROMAGNETIC 78,228 78,228
SYSTEMS APPLIED
RESEARCH.
010 0602435N OCEAN 49,635 49,635
WARFIGHTING
ENVIRONMENT
APPLIED
RESEARCH.
011 0602651M JOINT NON-LETHAL 5,973 5,973
WEAPONS APPLIED
RESEARCH.
012 0602747N UNDERSEA WARFARE 96,814 96,814
APPLIED
RESEARCH.
013 0602750N FUTURE NAVAL 162,417 162,417
CAPABILITIES
APPLIED
RESEARCH.
014 0602782N MINE AND 32,394 32,394
EXPEDITIONARY
WARFARE APPLIED
RESEARCH.
............... SUBTOTAL 790,302 790,302
APPLIED
RESEARCH.
...............
............... ADVANCED
TECHNOLOGY
DEVELOPMENT
015 0603114N POWER PROJECTION 56,543 56,543
ADVANCED
TECHNOLOGY.
016 0603123N FORCE PROTECTION 18,616 18,616
ADVANCED
TECHNOLOGY.
019 0603271N ELECTROMAGNETIC 54,858 54,858
SYSTEMS
ADVANCED
TECHNOLOGY.
020 0603640M USMC ADVANCED 130,598 130,598
TECHNOLOGY
DEMONSTRATION
(ATD).
021 0603651M JOINT NON-LETHAL 11,706 11,706
WEAPONS
TECHNOLOGY
DEVELOPMENT.
022 0603673N FUTURE NAVAL 256,382 256,382
CAPABILITIES
ADVANCED
TECHNOLOGY
DEVELOPMENT.
023 0603729N WARFIGHTER 3,880 3,880
PROTECTION
ADVANCED
TECHNOLOGY.
025 0603758N NAVY WARFIGHTING 51,819 51,819
EXPERIMENTS AND
DEMONSTRATIONS.
............... SUBTOTAL 584,402 584,402
ADVANCED
TECHNOLOGY
DEVELOPMENT.
...............
............... ADVANCED
COMPONENT
DEVELOPMENT &
PROTOTYPES
028 0603207N AIR/OCEAN 34,085 34,085
TACTICAL
APPLICATIONS.
029 0603216N AVIATION 8,783 8,783
SURVIVABILITY.
030 0603237N DEPLOYABLE JOINT 3,773 3,773
COMMAND AND
CONTROL.
031 0603251N AIRCRAFT SYSTEMS 24,512 24,512
032 0603254N ASW SYSTEMS 8,090 8,090
DEVELOPMENT.
033 0603261N TACTICAL 5,301 5,301
AIRBORNE
RECONNAISSANCE.
034 0603382N ADVANCED COMBAT 1,506 1,506
SYSTEMS
TECHNOLOGY.
035 0603502N SURFACE AND 190,622 188,622
SHALLOW WATER
MINE
COUNTERMEASURES.
............... Excess to [-2,000]
need.
036 0603506N SURFACE SHIP 93,346 93,346
TORPEDO DEFENSE.
037 0603512N CARRIER SYSTEMS 108,871 108,871
DEVELOPMENT.
039 0603525N PILOT FISH...... 101,169 101,169
040 0603527N RETRACT LARCH... 74,312 74,312
041 0603536N RETRACT JUNIPER. 90,730 90,730
042 0603542N RADIOLOGICAL 777 777
CONTROL.
043 0603553N SURFACE ASW..... 6,704 6,704
044 0603561N ADVANCED 555,123 555,123
SUBMARINE
SYSTEM
DEVELOPMENT.
045 0603562N SUBMARINE 9,368 9,368
TACTICAL
WARFARE SYSTEMS.
046 0603563N SHIP CONCEPT 24,609 24,609
ADVANCED DESIGN.
047 0603564N SHIP PRELIMINARY 13,710 13,710
DESIGN &
FEASIBILITY
STUDIES.
048 0603570N ADVANCED NUCLEAR 249,748 249,748
POWER SYSTEMS.
049 0603573N ADVANCED SURFACE 29,897 29,897
MACHINERY
SYSTEMS.
050 0603576N CHALK EAGLE..... 509,988 509,988
051 0603581N LITTORAL COMBAT 429,420 429,420
SHIP (LCS).
052 0603582N COMBAT SYSTEM 56,551 56,551
INTEGRATION.
053 0603609N CONVENTIONAL 7,342 7,342
MUNITIONS.
054 0603611M MARINE CORPS 95,182 95,182
ASSAULT
VEHICLES.
055 0603635M MARINE CORPS 10,496 10,496
GROUND COMBAT/
SUPPORT SYSTEM.
056 0603654N JOINT SERVICE 52,331 52,331
EXPLOSIVE
ORDNANCE
DEVELOPMENT.
057 0603658N COOPERATIVE 56,512 56,512
ENGAGEMENT.
[[Page 126 STAT. 2260]]
058 0603713N OCEAN 7,029 7,029
ENGINEERING
TECHNOLOGY
DEVELOPMENT.
059 0603721N ENVIRONMENTAL 21,080 21,080
PROTECTION.
060 0603724N NAVY ENERGY 55,324 55,324
PROGRAM.
061 0603725N FACILITIES 3,401 3,401
IMPROVEMENT.
062 0603734N CHALK CORAL..... 45,966 45,966
063 0603739N NAVY LOGISTIC 3,811 3,811
PRODUCTIVITY.
064 0603746N RETRACT MAPLE... 341,305 341,305
065 0603748N LINK PLUMERIA... 181,220 181,220
066 0603751N RETRACT ELM..... 174,014 174,014
068 0603764N LINK EVERGREEN.. 68,654 68,654
069 0603787N SPECIAL 44,487 44,487
PROCESSES.
070 0603790N NATO RESEARCH 9,389 9,389
AND DEVELOPMENT.
071 0603795N LAND ATTACK 16,132 16,132
TECHNOLOGY.
072 0603851M JOINT NON-LETHAL 44,994 44,994
WEAPONS TESTING.
073 0603860N JOINT PRECISION 137,369 137,369
APPROACH AND
LANDING
SYSTEMS--DEM/
VAL.
076 0604272N TACTICAL AIR 73,934 73,934
DIRECTIONAL
INFRARED
COUNTERMEASURES
(TADIRCM).
077 0604279N ASE SELF- 711 711
PROTECTION
OPTIMIZATION.
078 0604653N JOINT COUNTER 71,300 71,300
RADIO
CONTROLLED IED
ELECTRONIC
WARFARE (JCREW).
079 0604659N PRECISION STRIKE 5,654 5,654
WEAPONS
DEVELOPMENT
PROGRAM.
080 0604707N SPACE AND 31,549 31,549
ELECTRONIC
WARFARE (SEW)
ARCHITECTURE/
ENGINEERING
SUPPORT.
082 0604786N OFFENSIVE ANTI- 86,801 86,801
SURFACE WARFARE
WEAPON
DEVELOPMENT.
083 0605812M JOINT LIGHT 44,500 44,500
TACTICAL
VEHICLE (JLTV)
ENGINEERING AND
MANUFACTURING
DEVELOPMENT PH.
084 0303354N ASW SYSTEMS 13,172 13,172
DEVELOPMENT--MI
P.
086 0304270N ELECTRONIC 643 643
WARFARE
DEVELOPMENT--MI
P.
............... SUBTOTAL 4,335,297 4,333,297
ADVANCED
COMPONENT
DEVELOPMENT &
PROTOTYPES.
...............
............... SYSTEM
DEVELOPMENT &
DEMONSTRATION
087 0604212N OTHER HELO 33,978 33,978
DEVELOPMENT.
088 0604214N AV-8B AIRCRAFT-- 32,789 32,789
ENG DEV.
089 0604215N STANDARDS 84,988 82,988
DEVELOPMENT.
............... Program [-2,000]
behind in
execution.
090 0604216N MULTI-MISSION 6,866 6,866
HELICOPTER
UPGRADE
DEVELOPMENT.
091 0604218N AIR/OCEAN 4,060 4,060
EQUIPMENT
ENGINEERING.
092 0604221N P-3 3,451 3,451
MODERNIZATION
PROGRAM.
093 0604230N WARFARE SUPPORT 13,071 13,071
SYSTEM.
094 0604231N TACTICAL COMMAND 71,645 71,645
SYSTEM.
095 0604234N ADVANCED HAWKEYE 119,065 119,065
096 0604245N H-1 UPGRADES.... 31,105 31,105
097 0604261N ACOUSTIC SEARCH 34,299 34,299
SENSORS.
098 0604262N V-22A........... 54,412 54,412
099 0604264N AIR CREW SYSTEMS 2,717 2,717
DEVELOPMENT.
100 0604269N EA-18........... 13,009 13,009
101 0604270N ELECTRONIC 51,304 51,304
WARFARE
DEVELOPMENT.
102 0604273N VH-71A EXECUTIVE 61,163 61,163
HELO
DEVELOPMENT.
103 0604274N NEXT GENERATION 187,024 187,024
JAMMER (NGJ).
104 0604280N JOINT TACTICAL 337,480 337,480
RADIO SYSTEM--
NAVY (JTRS-
NAVY).
105 0604307N SURFACE 260,616 510,616
COMBATANT
COMBAT SYSTEM
ENGINEERING.
............... Cruiser [250,000]
Retention.
106 0604311N LPD-17 CLASS 824 824
SYSTEMS
INTEGRATION.
107 0604329N SMALL DIAMETER 31,064 31,064
BOMB (SDB).
108 0604366N STANDARD MISSILE 63,891 58,391
IMPROVEMENTS.
............... Program [-5,500]
execution.
109 0604373N AIRBORNE MCM.... 73,246 73,246
[[Page 126 STAT. 2261]]
110 0604376M MARINE AIR 10,568 10,568
GROUND TASK
FORCE (MAGTF)
ELECTRONIC
WARFARE (EW)
FOR AVIATION.
111 0604378N NAVAL INTEGRATED 39,974 39,974
FIRE CONTROL--
COUNTER AIR
SYSTEMS
ENGINEERING.
112 0604404N UNMANNED CARRIER 122,481 122,481
LAUNCHED
AIRBORNE
SURVEILLANCE
AND STRIKE
(UCLASS) SYSTEM.
113 0604501N ADVANCED ABOVE 255,516 255,516
WATER SENSORS.
114 0604503N SSN-688 AND 82,620 82,620
TRIDENT
MODERNIZATION.
115 0604504N AIR CONTROL..... 5,633 5,633
116 0604512N SHIPBOARD 55,826 55,826
AVIATION
SYSTEMS.
117 0604518N COMBAT 918 918
INFORMATION
CENTER
CONVERSION.
118 0604558N NEW DESIGN SSN.. 165,230 165,230
119 0604562N SUBMARINE 49,141 49,141
TACTICAL
WARFARE SYSTEM.
120 0604567N SHIP CONTRACT 196,737 196,737
DESIGN/ LIVE
FIRE T&E.
121 0604574N NAVY TACTICAL 3,889 3,889
COMPUTER
RESOURCES.
122 0604601N MINE DEVELOPMENT 8,335 8,335
123 0604610N LIGHTWEIGHT 49,818 49,818
TORPEDO
DEVELOPMENT.
124 0604654N JOINT SERVICE 10,099 10,099
EXPLOSIVE
ORDNANCE
DEVELOPMENT.
125 0604703N PERSONNEL, 7,348 7,348
TRAINING,
SIMULATION, AND
HUMAN FACTORS.
126 0604727N JOINT STANDOFF 5,518 5,518
WEAPON SYSTEMS.
127 0604755N SHIP SELF 87,662 87,662
DEFENSE (DETECT
& CONTROL).
128 0604756N SHIP SELF 64,079 64,079
DEFENSE
(ENGAGE: HARD
KILL).
129 0604757N SHIP SELF 151,489 151,489
DEFENSE
(ENGAGE: SOFT
KILL/EW).
131 0604771N MEDICAL 12,707 12,707
DEVELOPMENT.
132 0604777N NAVIGATION/ID 47,764 47,764
SYSTEM.
133 0604800M JOINT STRIKE 737,149 733,949
FIGHTER (JSF)--
EMD.
............... Block IV [-3,200]
development
ahead of
need.
134 0604800N JOINT STRIKE 743,926 740,726
FIGHTER (JSF)--
EMD.
............... Block IV [-3,200]
development
ahead of
need.
135 0605013M INFORMATION 12,143 12,143
TECHNOLOGY
DEVELOPMENT.
136 0605013N INFORMATION 72,209 72,209
TECHNOLOGY
DEVELOPMENT.
138 0605212N CH-53K RDTE..... 606,204 606,204
140 0605500N MULTI-MISSION 421,102 421,102
MARITIME
AIRCRAFT (MMA).
141 0204202N DDG-1000........ 124,655 124,655
142 0304231N TACTICAL COMMAND 1,170 1,170
SYSTEM--MIP.
144 0304785N TACTICAL 23,255 23,255
CRYPTOLOGIC
SYSTEMS.
............... SUBTOTAL 5,747,232 5,983,332
SYSTEM
DEVELOPMENT &
DEMONSTRATION.
...............
............... RDT&E MANAGEMENT
SUPPORT
146 0604256N THREAT SIMULATOR 30,790 30,790
DEVELOPMENT.
147 0604258N TARGET SYSTEMS 59,221 59,221
DEVELOPMENT.
148 0604759N MAJOR T&E 35,894 35,894
INVESTMENT.
149 0605126N JOINT THEATER 7,573 7,573
AIR AND MISSILE
DEFENSE
ORGANIZATION.
150 0605152N STUDIES AND 20,963 20,963
ANALYSIS
SUPPORT--NAVY.
151 0605154N CENTER FOR NAVAL 46,856 46,856
ANALYSES.
153 0605804N TECHNICAL 796 796
INFORMATION
SERVICES.
154 0605853N MANAGEMENT, 32,782 32,782
TECHNICAL &
INTERNATIONAL
SUPPORT.
155 0605856N STRATEGIC 3,306 3,306
TECHNICAL
SUPPORT.
156 0605861N RDT&E SCIENCE 70,302 70,302
AND TECHNOLOGY
MANAGEMENT.
157 0605863N RDT&E SHIP AND 144,033 144,033
AIRCRAFT
SUPPORT.
158 0605864N TEST AND 342,298 342,298
EVALUATION
SUPPORT.
159 0605865N OPERATIONAL TEST 16,399 16,399
AND EVALUATION
CAPABILITY.
160 0605866N NAVY SPACE AND 4,579 4,579
ELECTRONIC
WARFARE (SEW)
SUPPORT.
161 0605867N SEW SURVEILLANCE/ 8,000 8,000
RECONNAISSANCE
SUPPORT.
162 0605873M MARINE CORPS 18,490 18,490
PROGRAM WIDE
SUPPORT.
163 0305885N TACTICAL 2,795 2,795
CRYPTOLOGIC
ACTIVITIES.
............... SUBTOTAL 845,077 845,077
RDT&E
MANAGEMENT
SUPPORT.
...............
............... OPERATIONAL
SYSTEMS
DEVELOPMENT
[[Page 126 STAT. 2262]]
167 0604402N UNMANNED COMBAT 142,282 142,282
AIR VEHICLE
(UCAV) ADVANCED
COMPONENT AND
PROTOTYPE
DEVELOPMENT.
170 0101221N STRATEGIC SUB & 105,892 105,892
WEAPONS SYSTEM
SUPPORT.
171 0101224N SSBN SECURITY 34,729 34,729
TECHNOLOGY
PROGRAM.
172 0101226N SUBMARINE 1,434 1,434
ACOUSTIC
WARFARE
DEVELOPMENT.
173 0101402N NAVY STRATEGIC 19,208 19,208
COMMUNICATIONS.
174 0203761N RAPID TECHNOLOGY 25,566 25,566
TRANSITION
(RTT).
175 0204136N F/A-18 SQUADRONS 188,299 170,299
............... Program [-18,000]
behind in
execution.
176 0204152N E-2 SQUADRONS... 8,610 8,610
177 0204163N FLEET 15,695 15,695
TELECOMMUNICATI
ONS (TACTICAL).
178 0204228N SURFACE SUPPORT. 4,171 4,171
179 0204229N TOMAHAWK AND 11,265 11,265
TOMAHAWK
MISSION
PLANNING CENTER
(TMPC).
180 0204311N INTEGRATED 45,922 45,922
SURVEILLANCE
SYSTEM.
181 0204413N AMPHIBIOUS 8,435 8,435
TACTICAL
SUPPORT UNITS
(DISPLACEMENT
CRAFT).
182 0204460M GROUND/AIR TASK 75,088 75,088
ORIENTED RADAR
(G/ATOR).
183 0204571N CONSOLIDATED 20,229 20,229
TRAINING
SYSTEMS
DEVELOPMENT.
184 0204574N CRYPTOLOGIC 1,756 1,756
DIRECT SUPPORT.
185 0204575N ELECTRONIC 19,843 19,843
WARFARE (EW)
READINESS
SUPPORT.
186 0205601N HARM IMPROVEMENT 11,477 11,477
187 0205604N TACTICAL DATA 118,818 118,818
LINKS.
188 0205620N SURFACE ASW 27,342 27,342
COMBAT SYSTEM
INTEGRATION.
189 0205632N MK-48 ADCAP..... 28,717 28,717
190 0205633N AVIATION 89,157 89,157
IMPROVEMENTS.
191 0205658N NAVY SCIENCE 3,450 3,450
ASSISTANCE
PROGRAM.
192 0205675N OPERATIONAL 86,435 86,435
NUCLEAR POWER
SYSTEMS.
193 0206313M MARINE CORPS 219,054 219,054
COMMUNICATIONS
SYSTEMS.
194 0206623M MARINE CORPS 181,693 181,693
GROUND COMBAT/
SUPPORTING ARMS
SYSTEMS.
195 0206624M MARINE CORPS 58,393 58,393
COMBAT SERVICES
SUPPORT.
196 0206625M USMC 22,966 22,966
INTELLIGENCE/
ELECTRONIC
WARFARE SYSTEMS
(MIP).
197 0207161N TACTICAL AIM 21,107 21,107
MISSILES.
198 0207163N ADVANCED MEDIUM 2,857 2,857
RANGE AIR-TO-
AIR MISSILE
(AMRAAM).
199 0208058N JOINT HIGH SPEED 1,932 1,932
VESSEL (JHSV).
204 0303109N SATELLITE 188,482 188,482
COMMUNICATIONS
(SPACE).
205 0303138N CONSOLIDATED 16,749 16,749
AFLOAT NETWORK
ENTERPRISE
SERVICES
(CANES).
206 0303140N INFORMATION 26,307 26,307
SYSTEMS
SECURITY
PROGRAM.
207 0303150M WWMCCS/GLOBAL 500 500
COMMAND AND
CONTROL SYSTEM.
210 0305149N COBRA JUDY...... 17,091 17,091
211 0305160N NAVY 810 810
METEOROLOGICAL
AND OCEAN
SENSORS-SPACE
(METOC).
212 0305192N MILITARY 8,617 8,617
INTELLIGENCE
PROGRAM (MIP)
ACTIVITIES.
213 0305204N TACTICAL 9,066 9,066
UNMANNED AERIAL
VEHICLES.
215 0305207N MANNED 30,654 30,654
RECONNAISSANCE
SYSTEMS.
216 0305208M DISTRIBUTED 25,917 25,917
COMMON GROUND/
SURFACE SYSTEMS.
217 0305208N DISTRIBUTED 14,676 14,676
COMMON GROUND/
SURFACE SYSTEMS.
218 0305220N RQ-4 UAV........ 657,483 657,483
219 0305231N MQ-8 UAV........ 99,600 99,600
220 0305232M RQ-11 UAV....... 495 495
221 0305233N RQ-7 UAV........ 863 863
223 0305234N SMALL (LEVEL 0) 9,734 9,734
TACTICAL UAS
(STUASL0).
225 0305239M RQ-21A.......... 22,343 22,343
226 0308601N MODELING AND 5,908 5,908
SIMULATION
SUPPORT.
227 0702207N DEPOT 27,391 27,391
MAINTENANCE
(NON-IF).
229 0708011N INDUSTRIAL 54,879 54,879
PREPAREDNESS.
230 0708730N MARITIME 5,000 5,000
TECHNOLOGY
(MARITECH).
[[Page 126 STAT. 2263]]
230A 9999999999 CLASSIFIED 1,151,159 1,351,159
PROGRAMS.
............... Program [200,000]
increase.
............... SUBTOTAL 3,975,546 4,157,546
OPERATIONAL
SYSTEMS
DEVELOPMENT.
...............
............... TOTAL 16,882,877 17,308,977
RESEARCH,
DEVELOPMENT
, TEST &
EVAL, NAVY.
...............
............... RESEARCH,
DEVELOPMENT,
TEST & EVAL, AF
............... BASIC RESEARCH
001 0601102F DEFENSE RESEARCH 361,787 361,787
SCIENCES.
002 0601103F UNIVERSITY 141,153 141,153
RESEARCH
INITIATIVES.
003 0601108F HIGH ENERGY 13,094 13,094
LASER RESEARCH
INITIATIVES.
............... SUBTOTAL 516,034 516,034
BASIC
RESEARCH.
...............
............... APPLIED RESEARCH
004 0602102F MATERIALS....... 114,166 114,166
005 0602201F AEROSPACE 120,719 120,719
VEHICLE
TECHNOLOGIES.
006 0602202F HUMAN 89,319 89,319
EFFECTIVENESS
APPLIED
RESEARCH.
007 0602203F AEROSPACE 232,547 232,547
PROPULSION.
008 0602204F AEROSPACE 127,637 127,637
SENSORS.
009 0602601F SPACE TECHNOLOGY 98,375 98,375
010 0602602F CONVENTIONAL 77,175 77,175
MUNITIONS.
011 0602605F DIRECTED ENERGY 106,196 106,196
TECHNOLOGY.
012 0602788F DOMINANT 104,362 104,362
INFORMATION
SCIENCES AND
METHODS.
013 0602890F HIGH ENERGY 38,557 38,557
LASER RESEARCH.
............... SUBTOTAL 1,109,053 1,109,053
APPLIED
RESEARCH.
...............
............... ADVANCED
TECHNOLOGY
DEVELOPMENT
014 0603112F ADVANCED 47,890 57,890
MATERIALS FOR
WEAPON SYSTEMS.
............... Increase [10,000]
Materials
Affordabilit
y Initiative
program.
015 0603199F SUSTAINMENT 6,565 6,565
SCIENCE AND
TECHNOLOGY
(S&T).
016 0603203F ADVANCED 37,657 37,657
AEROSPACE
SENSORS.
017 0603211F AEROSPACE 81,376 81,376
TECHNOLOGY DEV/
DEMO.
018 0603216F AEROSPACE 151,152 151,152
PROPULSION AND
POWER
TECHNOLOGY.
019 0603270F ELECTRONIC 32,941 32,941
COMBAT
TECHNOLOGY.
020 0603401F ADVANCED 64,557 64,557
SPACECRAFT
TECHNOLOGY.
021 0603444F MAUI SPACE 29,256 29,256
SURVEILLANCE
SYSTEM (MSSS).
022 0603456F HUMAN 21,523 21,523
EFFECTIVENESS
ADVANCED
TECHNOLOGY
DEVELOPMENT.
023 0603601F CONVENTIONAL 36,352 36,352
WEAPONS
TECHNOLOGY.
024 0603605F ADVANCED WEAPONS 19,004 19,004
TECHNOLOGY.
025 0603680F MANUFACTURING 37,045 37,045
TECHNOLOGY
PROGRAM.
026 0603788F BATTLESPACE 31,419 31,419
KNOWLEDGE
DEVELOPMENT AND
DEMONSTRATION.
............... SUBTOTAL 596,737 606,737
ADVANCED
TECHNOLOGY
DEVELOPMENT.
...............
............... ADVANCED
COMPONENT
DEVELOPMENT &
PROTOTYPES
028 0603260F INTELLIGENCE 3,866 3,866
ADVANCED
DEVELOPMENT.
029 0603287F PHYSICAL 3,704 3,704
SECURITY
EQUIPMENT.
030 0603430F ADVANCED EHF 229,171 227,671
MILSATCOM
(SPACE).
............... Project [-1,500]
decrease.
031 0603432F POLAR MILSATCOM 120,676 120,676
(SPACE).
032 0603438F SPACE CONTROL 25,144 23,144
TECHNOLOGY.
............... Project [-2,000]
decrease.
033 0603742F COMBAT 32,243 32,243
IDENTIFICATION
TECHNOLOGY.
034 0603790F NATO RESEARCH 4,507 4,507
AND DEVELOPMENT.
035 0603791F INTERNATIONAL 652 652
SPACE
COOPERATIVE R&D.
036 0603830F SPACE PROTECTION 10,429 10,429
PROGRAM (SPP).
037 0603850F INTEGRATED 19,938 19,938
BROADCAST
SERVICE--DEM/
VAL.
038 0603851F INTERCONTINENTAL 71,181 71,181
BALLISTIC
MISSILE--DEM/
VAL.
039 0603854F WIDEBAND GLOBAL 12,027 12,027
SATCOM RDT&E
(SPACE).
[[Page 126 STAT. 2264]]
040 0603859F POLLUTION 2,054 2,054
PREVENTION--DEM/
VAL.
041 0603860F JOINT PRECISION 57,975 57,975
APPROACH AND
LANDING
SYSTEMS--DEM/
VAL.
042 0604015F LONG RANGE 291,742 291,742
STRIKE.
043 0604283F BATTLE MGMT COM 114,417 114,417
& CTRL SENSOR
DEVELOPMENT.
044 0604317F TECHNOLOGY 2,576 2,576
TRANSFER.
045 0604327F HARD AND DEEPLY 16,711 16,711
BURIED TARGET
DEFEAT SYSTEM
(HDBTDS)
PROGRAM.
047 0604337F REQUIREMENTS 16,343 16,343
ANALYSIS AND
MATURATION.
048 0604422F WEATHER 2,000 2,000
SATELLITE
FOLLOW-ON.
050 0604635F GROUND ATTACK 9,423 9,423
WEAPONS FUZE
DEVELOPMENT.
054 0604857F OPERATIONALLY 45,000
RESPONSIVE
SPACE.
............... Restore [45,000]
Operationall
y Responsive
Space.
055 0604858F TECH TRANSITION 37,558 34,558
PROGRAM.
............... Project [-3,000]
decrease.
056 0305164F NAVSTAR GLOBAL 96,840 96,840
POSITIONING
SYSTEM (USER
EQUIPMENT)
(SPACE).
............... SUBTOTAL 1,181,177 1,219,677
ADVANCED
COMPONENT
DEVELOPMENT &
PROTOTYPES.
...............
............... SYSTEM
DEVELOPMENT &
DEMONSTRATION
058 0603840F GLOBAL BROADCAST 14,652 14,652
SERVICE (GBS).
059 0604222F NUCLEAR WEAPONS 25,713 25,713
SUPPORT.
060 0604233F SPECIALIZED 6,583 4,983
UNDERGRADUATE
FLIGHT TRAINING.
............... Program [-1,600]
delays.
061 0604270F ELECTRONIC 1,975 1,975
WARFARE
DEVELOPMENT.
062 0604280F JOINT TACTICAL 2,594 2,594
RADIO.
063 0604281F TACTICAL DATA 24,534 24,534
NETWORKS
ENTERPRISE.
064 0604287F PHYSICAL 51 51
SECURITY
EQUIPMENT.
065 0604329F SMALL DIAMETER 143,000 143,000
BOMB (SDB)--EMD.
066 0604421F COUNTERSPACE 28,797 28,797
SYSTEMS.
067 0604425F SPACE SITUATION 267,252 247,252
AWARENESS
SYSTEMS.
............... C-Band Radar [3,000]
re-location.
............... Excess [-20,000]
funding.
............... Undistribute [-3,000]
d reduction.
068 0604429F AIRBORNE 4,118 4,118
ELECTRONIC
ATTACK.
069 0604441F SPACE BASED 448,594 446,594
INFRARED SYSTEM
(SBIRS) HIGH
EMD.
............... Project [-2,000]
decrease.
070 0604602F ARMAMENT/ 9,951 9,951
ORDNANCE
DEVELOPMENT.
071 0604604F SUBMUNITIONS.... 2,567 2,567
072 0604617F AGILE COMBAT 13,059 13,059
SUPPORT.
073 0604706F LIFE SUPPORT 9,720 9,720
SYSTEMS.
074 0604735F COMBAT TRAINING 9,222 9,222
RANGES.
076 0604750F INTELLIGENCE 803 803
EQUIPMENT.
077 0604800F F-35--EMD....... 1,210,306 1,207,999
............... Block 4-- [-2,307]
early to
need.
078 0604851F INTERCONTINENTAL 135,437 135,437
BALLISTIC
MISSILE--EMD.
079 0604853F EVOLVED 7,980 7,980
EXPENDABLE
LAUNCH VEHICLE
PROGRAM
(SPACE)--EMD.
080 0604932F LONG RANGE 2,004 2,004
STANDOFF WEAPON.
081 0604933F ICBM FUZE 73,512 73,512
MODERNIZATION.
082 0605213F F-22 140,100 140,100
MODERNIZATION
INCREMENT 3.2B.
083 0605221F NEXT GENERATION 1,815,588 1,738,488
AERIAL
REFUELING
AIRCRAFT.
............... Excess prior [-77,100]
year funds.
084 0605229F CSAR HH-60 123,210 123,210
RECAPITALIZATIO
N.
085 0605278F HC/MC-130 RECAP 19,039 19,039
RDT&E.
086 0605931F B-2 DEFENSIVE 281,056 281,056
MANAGEMENT
SYSTEM.
087 0101125F NUCLEAR WEAPONS 80,200 80,200
MODERNIZATION.
089 0207604F READINESS 310 310
TRAINING
RANGES,
OPERATIONS AND
MAINTENANCE.
090 0207701F FULL COMBAT 14,861 14,861
MISSION
TRAINING.
091 0305230F MC-12........... 19,949 19,949
093 0401318F CV-22........... 28,027 28,027
094 0401845F AIRBORNE SENIOR 1,960 1,960
LEADER C3
(SLC3S).
[[Page 126 STAT. 2265]]
............... SUBTOTAL 4,966,724 4,863,717
SYSTEM
DEVELOPMENT &
DEMONSTRATION.
...............
............... RDT&E MANAGEMENT
SUPPORT
095 0604256F THREAT SIMULATOR 22,812 22,812
DEVELOPMENT.
096 0604759F MAJOR T&E 42,236 42,236
INVESTMENT.
097 0605101F RAND PROJECT AIR 25,579 25,579
FORCE.
099 0605712F INITIAL 16,197 16,197
OPERATIONAL
TEST &
EVALUATION.
100 0605807F TEST AND 722,071 722,071
EVALUATION
SUPPORT.
101 0605860F ROCKET SYSTEMS 16,200 16,200
LAUNCH PROGRAM
(SPACE).
102 0605864F SPACE TEST 10,051 45,051
PROGRAM (STP).
............... Restore [35,000]
Space Test
Program.
103 0605976F FACILITIES 42,597 42,597
RESTORATION AND
MODERNIZATION--
TEST AND
EVALUATION
SUPPORT.
104 0605978F FACILITIES 27,301 27,301
SUSTAINMENT--TE
ST AND
EVALUATION
SUPPORT.
105 0606323F MULTI-SERVICE 13,964 13,964
SYSTEMS
ENGINEERING
INITIATIVE.
106 0606392F SPACE AND 203,766 203,766
MISSILE CENTER
(SMC) CIVILIAN
WORKFORCE.
107 0702806F ACQUISITION AND 42,430 42,430
MANAGEMENT
SUPPORT.
108 0804731F GENERAL SKILL 1,294 1,294
TRAINING.
111 1001004F INTERNATIONAL 3,851 3,851
ACTIVITIES.
............... SUBTOTAL 1,190,349 1,225,349
RDT&E
MANAGEMENT
SUPPORT.
...............
............... OPERATIONAL
SYSTEMS
DEVELOPMENT
112 0603423F GLOBAL 371,595 370,095
POSITIONING
SYSTEM III--
OPERATIONAL
CONTROL SEGMENT.
............... Project [-1,500]
decrease.
114 0605018F AF INTEGRATED 91,697 91,697
PERSONNEL AND
PAY SYSTEM (AF-
IPPS).
115 0605024F ANTI-TAMPER 17,037 17,037
TECHNOLOGY
EXECUTIVE
AGENCY.
117 0101113F B-52 SQUADRONS.. 53,208 53,208
118 0101122F AIR-LAUNCHED 431 431
CRUISE MISSILE
(ALCM).
119 0101126F B-1B SQUADRONS.. 16,265 16,265
120 0101127F B-2 SQUADRONS... 35,970 35,970
121 0101313F STRAT WAR 30,889 30,889
PLANNING
SYSTEM--USSTRAT
COM.
122 0101314F NIGHT FIST-- 10 10
USSTRATCOM.
124 0102326F REGION/SECTOR 5,609 5,609
OPERATION
CONTROL CENTER
MODERNIZATION
PROGRAM.
126 0203761F WARFIGHTER RAPID 15,098 15,098
ACQUISITION
PROCESS (WRAP)
RAPID
TRANSITION FUND.
127 0205219F MQ-9 UAV........ 147,971 147,971
128 0207040F MULTI-PLATFORM 49,848 49,848
ELECTRONIC
WARFARE
EQUIPMENT.
129 0207131F A-10 SQUADRONS.. 13,538 13,538
130 0207133F F-16 SQUADRONS.. 190,257 190,257
131 0207134F F-15E SQUADRONS. 192,677 192,677
132 0207136F MANNED 13,683 13,683
DESTRUCTIVE
SUPPRESSION.
133 0207138F F-22A SQUADRONS. 371,667 371,667
134 0207142F F-35 SQUADRONS.. 8,117 8,117
135 0207161F TACTICAL AIM 8,234 8,234
MISSILES.
136 0207163F ADVANCED MEDIUM 87,041 87,041
RANGE AIR-TO-
AIR MISSILE
(AMRAAM).
137 0207170F JOINT HELMET 1,472 1,472
MOUNTED CUEING
SYSTEM (JHMCS).
138 0207224F COMBAT RESCUE 2,095 2,095
AND RECOVERY.
139 0207227F COMBAT RESCUE-- 1,119 1,119
PARARESCUE.
140 0207247F AF TENCAP....... 63,853 63,853
141 0207249F PRECISION ATTACK 1,063 1,063
SYSTEMS
PROCUREMENT.
142 0207253F COMPASS CALL.... 12,094 12,094
143 0207268F AIRCRAFT ENGINE 187,984 187,984
COMPONENT
IMPROVEMENT
PROGRAM.
145 0207325F JOINT AIR-TO- 7,950 7,950
SURFACE
STANDOFF
MISSILE (JASSM).
146 0207410F AIR & SPACE 76,315 76,315
OPERATIONS
CENTER (AOC).
147 0207412F CONTROL AND 8,653 8,653
REPORTING
CENTER (CRC).
[[Page 126 STAT. 2266]]
148 0207417F AIRBORNE WARNING 65,200 65,200
AND CONTROL
SYSTEM (AWACS).
149 0207418F TACTICAL 5,767 5,767
AIRBORNE
CONTROL SYSTEMS.
152 0207431F COMBAT AIR 5,756 5,756
INTELLIGENCE
SYSTEM
ACTIVITIES.
154 0207444F TACTICAL AIR 16,226 16,226
CONTROL PARTY-
MOD.
156 0207448F C2ISR TACTICAL 1,633 1,633
DATA LINK.
157 0207449F COMMAND AND 18,086 18,086
CONTROL (C2)
CONSTELLATION.
158 0207452F DCAPES.......... 15,690 15,690
159 0207581F JOINT 24,241 24,241
SURVEILLANCE/
TARGET ATTACK
RADAR SYSTEM
(JSTARS).
160 0207590F SEEK EAGLE...... 22,654 22,654
161 0207601F USAF MODELING 15,501 15,501
AND SIMULATION.
162 0207605F WARGAMING AND 5,699 5,699
SIMULATION
CENTERS.
163 0207697F DISTRIBUTED 4,425 4,425
TRAINING AND
EXERCISES.
164 0208006F MISSION PLANNING 69,377 69,377
SYSTEMS.
165 0208021F INFORMATION 7,159 7,159
WARFARE SUPPORT.
166 0208059F CYBER COMMAND 66,888 66,888
ACTIVITIES.
174 0301400F SPACE 12,056 12,056
SUPERIORITY
INTELLIGENCE.
175 0302015F E-4B NATIONAL 4,159 4,159
AIRBORNE
OPERATIONS
CENTER (NAOC).
176 0303131F MINIMUM 20,124 20,124
ESSENTIAL
EMERGENCY
COMMUNICATIONS
NETWORK (MEECN).
177 0303140F INFORMATION 69,133 69,133
SYSTEMS
SECURITY
PROGRAM.
178 0303141F GLOBAL COMBAT 6,512 6,512
SUPPORT SYSTEM.
179 0303150F GLOBAL COMMAND 4,316 2,316
AND CONTROL
SYSTEM.
............... Underexecuti [-2,000]
on.
180 0303601F MILSATCOM 107,237 107,237
TERMINALS.
182 0304260F AIRBORNE SIGINT 129,106 129,106
ENTERPRISE.
185 0305099F GLOBAL AIR 4,461 4,461
TRAFFIC
MANAGEMENT
(GATM).
186 0305103F CYBER SECURITY 2,055 2,055
INITIATIVE.
187 0305105F DOD CYBER CRIME 285 285
CENTER.
188 0305110F SATELLITE 33,773 33,773
CONTROL NETWORK
(SPACE).
189 0305111F WEATHER SERVICE. 29,048 29,048
190 0305114F AIR TRAFFIC 43,187 43,187
CONTROL,
APPROACH, AND
LANDING SYSTEM
(ATCALS).
191 0305116F AERIAL TARGETS.. 50,496 50,496
194 0305128F SECURITY AND 354 354
INVESTIGATIVE
ACTIVITIES.
195 0305145F ARMS CONTROL 4,000 4,000
IMPLEMENTATION.
196 0305146F DEFENSE JOINT 342 342
COUNTERINTELLIG
ENCE ACTIVITIES.
198 0305164F NAVSTAR GLOBAL 29,621 29,621
POSITIONING
SYSTEM (USER
EQUIPMENT)
(SPACE).
199 0305165F NAVSTAR GLOBAL 14,335 14,335
POSITIONING
SYSTEM (SPACE
AND CONTROL
SEGMENTS).
201 0305173F SPACE AND 3,680 3,680
MISSILE TEST
AND EVALUATION
CENTER.
202 0305174F SPACE INNOVATION 2,430 2,430
AND DEVELOPMENT
CENTER.
203 0305182F SPACELIFT RANGE 8,760 8,760
SYSTEM (SPACE).
205 0305202F DRAGON U-2...... 23,644 23,644
206 0305205F ENDURANCE 21,000 21,000
UNMANNED AERIAL
VEHICLES.
207 0305206F AIRBORNE 96,735 96,735
RECONNAISSANCE
SYSTEMS.
208 0305207F MANNED 13,316 13,316
RECONNAISSANCE
SYSTEMS.
209 0305208F DISTRIBUTED 63,501 63,501
COMMON GROUND/
SURFACE SYSTEMS.
210 0305219F MQ-1 PREDATOR A 9,122 9,122
UAV.
211 0305220F RQ-4 UAV........ 236,265 236,265
212 0305221F NETWORK-CENTRIC 7,367 7,367
COLLABORATIVE
TARGETING.
213 0305236F COMMON DATA LINK 38,094 38,094
(CDL).
214 0305238F NATO AGS........ 210,109 210,109
215 0305240F SUPPORT TO DCGS 24,500 24,500
ENTERPRISE.
216 0305265F GPS III SPACE 318,992 318,992
SEGMENT.
217 0305614F JSPOC MISSION 54,645 54,645
SYSTEM.
218 0305881F RAPID CYBER 4,007 4,007
ACQUISITION.
219 0305887F INTELLIGENCE 13,357 13,357
SUPPORT TO
INFORMATION
WARFARE.
220 0305913F NUDET DETECTION 64,965 63,365
SYSTEM (SPACE).
............... ICADS--early [-1,600]
to need.
[[Page 126 STAT. 2267]]
221 0305940F SPACE SITUATION 19,586 19,586
AWARENESS
OPERATIONS.
223 0308699F SHARED EARLY 1,175 1,175
WARNING (SEW).
224 0401115F C-130 AIRLIFT 5,000 5,000
SQUADRON.
225 0401119F C-5 AIRLIFT 35,115 35,115
SQUADRONS (IF).
226 0401130F C-17 AIRCRAFT 99,225 99,225
(IF).
227 0401132F C-130J PROGRAM.. 30,652 30,652
228 0401134F LARGE AIRCRAFT 7,758 7,758
IR
COUNTERMEASURES
(LAIRCM).
229 0401139F LIGHT MOBILITY 100 0
AIRCRAFT (LIMA).
............... Program [-100]
termination.
231 0401219F KC-10S.......... 24,022 24,022
232 0401314F OPERATIONAL 7,471 7,471
SUPPORT AIRLIFT.
234 0408011F SPECIAL TACTICS / 4,984 4,984
COMBAT CONTROL.
235 0702207F DEPOT 1,588 1,588
MAINTENANCE
(NON-IF).
236 0708012F LOGISTICS 577 577
SUPPORT
ACTIVITIES.
237 0708610F LOGISTICS 119,327 99,327
INFORMATION
TECHNOLOGY
(LOGIT).
............... Program [-20,000]
delays.
238 0708611F SUPPORT SYSTEMS 15,873 15,873
DEVELOPMENT.
240 0804743F OTHER FLIGHT 349 349
TRAINING.
242 0808716F OTHER PERSONNEL 117 117
ACTIVITIES.
243 0901202F JOINT PERSONNEL 2,018 2,018
RECOVERY AGENCY.
244 0901218F CIVILIAN 1,561 1,561
COMPENSATION
PROGRAM.
245 0901220F PERSONNEL 7,634 7,634
ADMINISTRATION.
246 0901226F AIR FORCE 1,175 1,175
STUDIES AND
ANALYSIS AGENCY.
247 0901279F FACILITIES 3,491 3,491
OPERATION--ADMI
NISTRATIVE.
248 0901538F FINANCIAL 100,160 100,160
MANAGEMENT
INFORMATION
SYSTEMS
DEVELOPMENT.
249A 9999999999 CLASSIFIED 11,172,183 11,172,183
PROGRAMS.
............... SUBTOTAL 15,867,972 15,842,772
OPERATIONAL
SYSTEMS
DEVELOPMENT.
...............
............... TOTAL 25,428,046 25,383,339
RESEARCH,
DEVELOPMENT
, TEST &
EVAL, AF.
...............
............... RESEARCH,
DEVELOPMENT,
TEST & EVAL, DW
............... BASIC RESEARCH
001 0601000BR DTRA BASIC 45,071 45,071
RESEARCH
INITIATIVE.
002 0601101E DEFENSE RESEARCH 309,051 309,051
SCIENCES.
003 0601110D8Z BASIC RESEARCH 19,405 19,405
INITIATIVES.
004 0601117E BASIC 39,676 39,676
OPERATIONAL
MEDICAL
RESEARCH
SCIENCE.
005 0601120D8Z NATIONAL DEFENSE 87,979 87,979
EDUCATION
PROGRAM.
006 0601384BP CHEMICAL AND 50,566 50,566
BIOLOGICAL
DEFENSE PROGRAM.
............... SUBTOTAL 551,748 551,748
BASIC
RESEARCH.
...............
............... APPLIED RESEARCH
007 0602000D8Z JOINT MUNITIONS 20,615 20,615
TECHNOLOGY.
008 0602115E BIOMEDICAL 110,900 110,900
TECHNOLOGY.
009 0602228D8Z HISTORICALLY 10,000
BLACK COLLEGES
AND
UNIVERSITIES
(HBCU) SCIENCE.
............... Program [10,000]
increase.
010 0602234D8Z LINCOLN 36,826 36,826
LABORATORY
RESEARCH
PROGRAM.
011 0602250D8Z SYSTEMS 2020 7,898 7,898
APPLIED
RESEARCH.
012 0602303E INFORMATION & 392,421 392,421
COMMUNICATIONS
TECHNOLOGY.
013 0602304E COGNITIVE 30,424 30,424
COMPUTING
SYSTEMS.
015 0602383E BIOLOGICAL 19,236 19,236
WARFARE DEFENSE.
016 0602384BP CHEMICAL AND 223,269 223,269
BIOLOGICAL
DEFENSE PROGRAM.
017 0602663D8Z DATA TO 13,753 9,753
DECISIONS
APPLIED
RESEARCH.
............... Excessive [-4,000]
growth.
018 0602668D8Z CYBER SECURITY 18,985 12,985
RESEARCH.
............... Excessive [-6,000]
growth.
019 0602670D8Z HUMAN, SOCIAL 6,771 6,771
AND CULTURE
BEHAVIOR
MODELING (HSCB)
APPLIED
RESEARCH.
020 0602702E TACTICAL 233,209 233,209
TECHNOLOGY.
021 0602715E MATERIALS AND 166,067 166,067
BIOLOGICAL
TECHNOLOGY.
022 0602716E ELECTRONICS 222,416 222,416
TECHNOLOGY.
[[Page 126 STAT. 2268]]
023 0602718BR WEAPONS OF MASS 172,352 172,352
DESTRUCTION
DEFEAT
TECHNOLOGIES.
024 1160401BB SPECIAL 28,739 28,739
OPERATIONS
TECHNOLOGY
DEVELOPMENT.
............... SUBTOTAL 1,703,881 1,703,881
APPLIED
RESEARCH.
...............
............... ADVANCED
TECHNOLOGY
DEVELOPMENT
(ATD)
025 0603000D8Z JOINT MUNITIONS 25,612 21,612
ADVANCED
TECHNOLOGY.
............... Excessive [-4,000]
growth.
026 0603121D8Z SO/LIC ADVANCED 26,324 26,324
DEVELOPMENT.
027 0603122D8Z COMBATING 77,144 77,144
TERRORISM
TECHNOLOGY
SUPPORT.
028 0603160BR COUNTERPROLIFERA 275,022 275,022
TION
INITIATIVES--PR
OLIFERATION
PREVENTION AND
DEFEAT.
029 0603175C BALLISTIC 79,975 79,975
MISSILE DEFENSE
TECHNOLOGY.
031 0603225D8Z JOINT DOD-DOE 20,032 20,032
MUNITIONS
TECHNOLOGY
DEVELOPMENT.
032 0603264S AGILE 3,892 3,892
TRANSPORTATION
FOR THE 21ST
CENTURY (AT21)--
THEATER
CAPABILITY.
033 0603274C SPECIAL PROGRAM-- 36,685 36,685
MDA TECHNOLOGY.
034 0603286E ADVANCED 174,316 159,316
AEROSPACE
SYSTEMS.
............... Program [-15,000]
decrease.
035 0603287E SPACE PROGRAMS 159,704 159,704
AND TECHNOLOGY.
036 0603384BP CHEMICAL AND 234,280 234,280
BIOLOGICAL
DEFENSE
PROGRAM--ADVANC
ED DEVELOPMENT.
037 0603618D8Z JOINT ELECTRONIC 6,983 6,983
ADVANCED
TECHNOLOGY.
038 0603648D8Z JOINT CAPABILITY 158,263 158,263
TECHNOLOGY
DEMONSTRATIONS.
039 0603662D8Z NETWORKED 25,393 25,393
COMMUNICATIONS
CAPABILITIES.
040 0603663D8Z DATA TO 13,754 9,754
DECISIONS
ADVANCED
TECHNOLOGY
DEVELOPMENT.
............... Excessive [-4,000]
growth.
042 0603668D8Z CYBER SECURITY 19,935 13,935
ADVANCED
RESEARCH.
............... Excessive [-6,000]
growth.
043 0603670D8Z HUMAN, SOCIAL 8,235 8,235
AND CULTURE
BEHAVIOR
MODELING (HSCB)
ADVANCED
DEVELOPMENT.
044 0603680D8Z DEFENSE-WIDE 21,966 51,966
MANUFACTURING
SCIENCE AND
TECHNOLOGY
PROGRAM.
............... Industrial [30,000]
Base
Innovation
Fund.
045 0603699D8Z EMERGING 24,662 24,662
CAPABILITIES
TECHNOLOGY
DEVELOPMENT.
047 0603712S GENERIC 24,605 24,605
LOGISTICS R&D
TECHNOLOGY
DEMONSTRATIONS.
048 0603713S DEPLOYMENT AND 30,678 30,678
DISTRIBUTION
ENTERPRISE
TECHNOLOGY.
049 0603716D8Z STRATEGIC 65,282 65,282
ENVIRONMENTAL
RESEARCH
PROGRAM.
050 0603720S MICROELECTRONICS 72,234 62,234
TECHNOLOGY
DEVELOPMENT AND
SUPPORT.
............... .90nm Next [-10,000]
Generation
Foundry-
early to
need.
051 0603727D8Z JOINT 8,403 8,403
WARFIGHTING
PROGRAM.
052 0603739E ADVANCED 111,008 111,008
ELECTRONICS
TECHNOLOGIES.
054 0603760E COMMAND, CONTROL 237,859 229,859
AND
COMMUNICATIONS
SYSTEMS.
............... Program [-8,000]
reduction.
055 0603765E CLASSIFIED DARPA 3,000 3,000
PROGRAMS.
056 0603766E NETWORK-CENTRIC 236,883 236,883
WARFARE
TECHNOLOGY.
057 0603767E SENSOR 299,438 299,438
TECHNOLOGY.
058 0603769SE DISTRIBUTED 12,195 12,195
LEARNING
ADVANCED
TECHNOLOGY
DEVELOPMENT.
059 0603781D8Z SOFTWARE 30,036 30,036
ENGINEERING
INSTITUTE.
060 0603826D8Z QUICK REACTION 107,002 92,002
SPECIAL
PROJECTS.
............... Excessive [-15,000]
growth.
062 0603828J JOINT 21,230 21,230
EXPERIMENTATION.
063 0603832D8Z DOD MODELING AND 47,433 47,433
SIMULATION
MANAGEMENT
OFFICE.
064 0603901C DIRECTED ENERGY 46,944 41,944
RESEARCH.
............... Unjustified [-5,000]
request.
[[Page 126 STAT. 2269]]
065 0603902C NEXT GENERATION 224,077 224,077
AEGIS MISSILE.
066 0603941D8Z TEST & 92,602 92,602
EVALUATION
SCIENCE &
TECHNOLOGY.
068 0604055D8Z OPERATIONAL 26,244 26,244
ENERGY
CAPABILITY
IMPROVEMENT.
069 0303310D8Z CWMD SYSTEMS.... 53,946 38,946
............... Program [-15,000]
reduction.
070 1160402BB SPECIAL 45,317 45,317
OPERATIONS
ADVANCED
TECHNOLOGY
DEVELOPMENT.
071 1160422BB AVIATION 861 861
ENGINEERING
ANALYSIS.
072 1160472BB SOF INFORMATION 4,959 4,959
AND BROADCAST
SYSTEMS
ADVANCED
TECHNOLOGY.
............... SUBTOTAL 3,194,413 3,142,413
ADVANCED
TECHNOLOGY
DEVELOPMENT
(ATD).
...............
............... ADVANCED
COMPONENT
DEVELOPMENT &
PROTOTYPES
073 0603161D8Z NUCLEAR AND 33,234 33,234
CONVENTIONAL
PHYSICAL
SECURITY
EQUIPMENT RDT&E
ADC&P.
074 0603527D8Z RETRACT LARCH... 21,023 21,023
075 0603600D8Z WALKOFF......... 94,624 94,624
077 0603714D8Z ADVANCED SENSOR 16,958 18,958
APPLICATIONS
PROGRAM.
............... Reverse cuts [2,000]
to testing.
078 0603851D8Z ENVIRONMENTAL 75,941 75,941
SECURITY
TECHNICAL
CERTIFICATION
PROGRAM.
079 0603881C BALLISTIC 316,929 316,929
MISSILE DEFENSE
TERMINAL
DEFENSE SEGMENT.
080 0603882C BALLISTIC 903,172 978,172
MISSILE DEFENSE
MIDCOURSE
DEFENSE SEGMENT.
............... Program [75,000]
increase.
081 0603884BP CHEMICAL AND 179,023 179,023
BIOLOGICAL
DEFENSE
PROGRAM--DEM/
VAL.
082 0603884C BALLISTIC 347,012 347,012
MISSILE DEFENSE
SENSORS.
084 0603890C BMD ENABLING 362,711 362,711
PROGRAMS.
085 0603891C SPECIAL 272,387 272,387
PROGRAMS--MDA.
086 0603892C AEGIS BMD....... 992,407 992,407
087 0603893C SPACE TRACKING & 51,313 51,313
SURVEILLANCE
SYSTEM.
088 0603895C BALLISTIC 6,912 6,912
MISSILE DEFENSE
SYSTEM SPACE
PROGRAMS.
089 0603896C BALLISTIC 366,552 366,552
MISSILE DEFENSE
COMMAND AND
CONTROL, BATTLE
MANAGEMENT &
COMMUNICATION.
090 0603898C BALLISTIC 55,550 55,550
MISSILE DEFENSE
JOINT
WARFIGHTER
SUPPORT.
091 0603904C MISSILE DEFENSE 63,043 63,043
INTEGRATION &
OPERATIONS
CENTER (MDIOC).
092 0603906C REGARDING TRENCH 11,371 11,371
093 0603907C SEA BASED X-BAND 9,730 9,730
RADAR (SBX).
094 0603913C ISRAELI 99,836 478,836
COOPERATIVE
PROGRAMS.
............... Increase to [168,000]
DSWS, ASIP,
Arrow-3
cooperative
programs.
............... Iron Dome [211,000]
short-range
rocket
defense.
095 0603914C BALLISTIC 454,400 454,400
MISSILE DEFENSE
TEST.
096 0603915C BALLISTIC 435,747 435,747
MISSILE DEFENSE
TARGETS.
097 0603920D8Z HUMANITARIAN 13,231 13,231
DEMINING.
098 0603923D8Z COALITION 11,398 11,398
WARFARE.
099 0604016D8Z DEPARTMENT OF 3,283 24,083
DEFENSE
CORROSION
PROGRAM.
............... Increase for [20,800]
requirements
shortfall.
100 0604400D8Z DEPARTMENT OF 12,368 12,368
DEFENSE (DOD)
UNMANNED
AIRCRAFT SYSTEM
(UAS) COMMON
DEVELOPMENT.
101 0604670D8Z HUMAN, SOCIAL 5,131 5,131
AND CULTURE
BEHAVIOR
MODELING (HSCB)
RESEARCH AND
ENGINEERING.
102 0604775D8Z DEFENSE RAPID 200,000
INNOVATION
PROGRAM.
............... Rapid [200,000]
Innovation
Program.
104 0604787J JOINT SYSTEMS 3,273 3,273
INTEGRATION.
106 0604828J JOINT FIRES 7,364 7,364
INTEGRATION AND
INTEROPERABILIT
Y TEAM.
107 0604880C LAND-BASED SM-3 276,338 276,338
(LBSM3).
[[Page 126 STAT. 2270]]
108 0604881C AEGIS SM-3 BLOCK 420,630 420,630
IIA CO-
DEVELOPMENT.
109 0604883C PRECISION 297,375 242,375
TRACKING SPACE
SENSOR RDT&E.
............... Project [-55,000]
decrease to
support
technology
development.
111 0604886C ADVANCED REMOTE 58,742 33,742
SENSOR
TECHNOLOGY
(ARST).
............... Program [-25,000]
reduction.
113 0303191D8Z JOINT 3,158 3,158
ELECTROMAGNETIC
TECHNOLOGY
(JET) PROGRAM.
............... SUBTOTAL 6,282,166 6,878,966
ADVANCED
COMPONENT
DEVELOPMENT &
PROTOTYPES.
...............
............... SYSTEM
DEVELOPMENT AND
DEMONSTRATION
(SDD)
115 0604161D8Z NUCLEAR AND 6,817 6,817
CONVENTIONAL
PHYSICAL
SECURITY
EQUIPMENT RDT&E
SDD.
116 0604165D8Z PROMPT GLOBAL 110,383 110,383
STRIKE
CAPABILITY
DEVELOPMENT.
117 0604384BP CHEMICAL AND 311,071 311,071
BIOLOGICAL
DEFENSE
PROGRAM--EMD.
119 0604764K ADVANCED IT 25,787 25,787
SERVICES JOINT
PROGRAM OFFICE
(AITS-JPO).
120 0604771D8Z JOINT TACTICAL 20,688 20,688
INFORMATION
DISTRIBUTION
SYSTEM (JTIDS).
121 0605000BR WEAPONS OF MASS 5,749 5,749
DESTRUCTION
DEFEAT
CAPABILITIES.
122 0605013BL INFORMATION 12,699 12,699
TECHNOLOGY
DEVELOPMENT.
125 0605021SE HOMELAND 387 387
PERSONNEL
SECURITY
INITIATIVE.
126 0605022D8Z DEFENSE 1,859 1,859
EXPORTABILITY
PROGRAM.
127 0605027D8Z OUSD(C) IT 7,010 7,010
DEVELOPMENT
INITIATIVES.
128 0605070S DOD ENTERPRISE 133,104 133,104
SYSTEMS
DEVELOPMENT AND
DEMONSTRATION.
129 0605075D8Z DCMO POLICY AND 25,269 25,269
INTEGRATION.
131 0605210D8Z DEFENSE-WIDE 10,238 10,238
ELECTRONIC
PROCUREMENT
CAPABILITIES.
132 0303141K GLOBAL COMBAT 19,670 19,670
SUPPORT SYSTEM.
133 0305304D8Z DOD ENTERPRISE 3,556 3,556
ENERGY
INFORMATION
MANAGEMENT
(EEIM).
............... SUBTOTAL 694,287 694,287
SYSTEM
DEVELOPMENT
AND
DEMONSTRATION
(SDD).
...............
............... RDT&E MANAGEMENT
SUPPORT
135 0604774D8Z DEFENSE 6,383 6,383
READINESS
REPORTING
SYSTEM (DRRS).
136 0604875D8Z JOINT SYSTEMS 3,845 3,845
ARCHITECTURE
DEVELOPMENT.
137 0604940D8Z CENTRAL TEST AND 144,109 144,109
EVALUATION
INVESTMENT
DEVELOPMENT
(CTEIP).
138 0604942D8Z ASSESSMENTS AND 2,419 2,419
EVALUATIONS.
139 0604943D8Z THERMAL VICAR... 8,214 8,214
140 0605100D8Z JOINT MISSION 19,380 19,380
ENVIRONMENT
TEST CAPABILITY
(JMETC).
141 0605104D8Z TECHNICAL 32,266 32,266
STUDIES,
SUPPORT AND
ANALYSIS.
142 0605110D8Z USD(A&T)-- 840 840
CRITICAL
TECHNOLOGY
SUPPORT.
143 0605117D8Z FOREIGN MATERIEL 56,012 56,012
ACQUISITION AND
EXPLOITATION.
144 0605126J JOINT INTEGRATED 55,508 55,508
AIR AND MISSILE
DEFENSE
ORGANIZATION
(JIAMDO).
146 0605130D8Z FOREIGN 18,174 18,174
COMPARATIVE
TESTING.
147 0605142D8Z SYSTEMS 43,195 43,195
ENGINEERING.
148 0605151D8Z STUDIES AND 6,457 6,457
ANALYSIS
SUPPORT--OSD.
149 0605161D8Z NUCLEAR MATTERS- 4,901 4,901
PHYSICAL
SECURITY.
150 0605170D8Z SUPPORT TO 6,307 6,307
NETWORKS AND
INFORMATION
INTEGRATION.
151 0605200D8Z GENERAL SUPPORT 6,601 6,601
TO USD
(INTELLIGENCE).
152 0605384BP CHEMICAL AND 92,849 92,849
BIOLOGICAL
DEFENSE PROGRAM.
159 0605790D8Z SMALL BUSINESS 1,857 1,857
INNOVATION
RESEARCH (SBIR)/
SMALL BUSINESS
TECHNOLOGY
TRANSFER (S.
160 0605798D8Z DEFENSE 12,056 12,056
TECHNOLOGY
ANALYSIS.
162 0605801KA DEFENSE 55,454 55,454
TECHNICAL
INFORMATION
CENTER (DTIC).
[[Page 126 STAT. 2271]]
163 0605803SE R&D IN SUPPORT 16,364 16,364
OF DOD
ENLISTMENT,
TESTING AND
EVALUATION.
164 0605804D8Z DEVELOPMENT TEST 15,110 20,110
AND EVALUATION.
............... DT&E [5,000]
Increase.
166 0605898E MANAGEMENT HQ-- 69,767 69,767
R&D.
167 0606100D8Z BUDGET AND 4,454 4,454
PROGRAM
ASSESSMENTS.
169 0203345D8Z DEFENSE 2,637 2,637
OPERATIONS
SECURITY
INITIATIVE
(DOSI).
174 0303166J SUPPORT TO 8,238 8,238
INFORMATION
OPERATIONS (IO)
CAPABILITIES.
176 0305103E CYBER SECURITY 1,801 1,801
INITIATIVE.
177 0305193D8Z INTELLIGENCE 16,041 16,041
SUPPORT TO
INFORMATION
OPERATIONS (IO).
180 0804767D8Z COCOM EXERCISE 77,475 77,475
ENGAGEMENT AND
TRAINING
TRANSFORMATION
(CE2T2).
182 0901598C MANAGEMENT HQ-- 34,855 34,855
MDA.
183 0901598D8W MANAGEMENT 104 104
HEADQUARTERS
WHS.
184A 9999999999 CLASSIFIED 64,255 64,255
PROGRAMS.
............... SUBTOTAL 887,928 892,928
RDT&E
MANAGEMENT
SUPPORT.
...............
............... OPERATIONAL
SYSTEMS
DEVELOPMENT
185 0604130V ENTERPRISE 8,866 8,866
SECURITY SYSTEM
(ESS).
186 0605127T REGIONAL 3,238 3,238
INTERNATIONAL
OUTREACH (RIO)
AND PARTNERSHIP
FOR PEACE
INFORMATION
MGMT.
187 0605147T OVERSEAS 288 288
HUMANITARIAN
ASSISTANCE
SHARED
INFORMATION
SYSTEM (OHASIS).
188 0607384BP CHEMICAL AND 14,745 14,745
BIOLOGICAL
DEFENSE
(OPERATIONAL
SYSTEMS
DEVELOPMENT).
190 0607828J JOINT 5,013 5,013
INTEGRATION AND
INTEROPERABILIT
Y.
191 0208043J PLANNING AND 3,922 3,922
DECISION AID
SYSTEM (PDAS).
192 0208045K C4I 72,574 72,574
INTEROPERABILIT
Y.
194 0301144K JOINT/ALLIED 6,214 6,214
COALITION
INFORMATION
SHARING.
201 0302016K NATIONAL 499 499
MILITARY
COMMAND SYSTEM-
WIDE SUPPORT.
202 0302019K DEFENSE INFO 14,498 14,498
INFRASTRUCTURE
ENGINEERING AND
INTEGRATION.
203 0303126K LONG-HAUL 26,164 26,164
COMMUNICATIONS-
-DCS.
204 0303131K MINIMUM 12,931 12,931
ESSENTIAL
EMERGENCY
COMMUNICATIONS
NETWORK (MEECN).
205 0303135G PUBLIC KEY 6,296 6,296
INFRASTRUCTURE
(PKI).
206 0303136G KEY MANAGEMENT 30,948 30,948
INFRASTRUCTURE
(KMI).
207 0303140D8Z INFORMATION 11,780 11,780
SYSTEMS
SECURITY
PROGRAM.
208 0303140G INFORMATION 191,452 191,452
SYSTEMS
SECURITY
PROGRAM.
211 0303150K GLOBAL COMMAND 36,575 36,575
AND CONTROL
SYSTEM.
212 0303153K DEFENSE SPECTRUM 24,278 24,278
ORGANIZATION.
213 0303170K NET-CENTRIC 2,924 2,924
ENTERPRISE
SERVICES (NCES).
214 0303260D8Z DEFENSE MILITARY 1,294 1,294
DECEPTION
PROGRAM OFFICE
(DMDPO).
215 0303610K TELEPORT PROGRAM 6,050 6,050
217 0304210BB SPECIAL 17,058 17,058
APPLICATIONS
FOR
CONTINGENCIES.
222 0305103K CYBER SECURITY 4,189 4,189
INITIATIVE.
223 0305125D8Z CRITICAL 10,462 10,462
INFRASTRUCTURE
PROTECTION
(CIP).
227 0305186D8Z POLICY R&D 6,360 6,360
PROGRAMS.
229 0305199D8Z NET CENTRICITY.. 21,190 21,190
232 0305208BB DISTRIBUTED 7,114 7,714
COMMON GROUND/
SURFACE SYSTEMS.
............... USSOCOM UFR. [600]
235 0305208K DISTRIBUTED 3,247 3,247
COMMON GROUND/
SURFACE SYSTEMS.
237 0305219BB MQ-1 PREDATOR A 1,355 1,355
UAV.
240 0305387D8Z HOMELAND DEFENSE 2,303 2,303
TECHNOLOGY
TRANSFER
PROGRAM.
241 0305600D8Z INTERNATIONAL 1,478 1,478
INTELLIGENCE
TECHNOLOGY AND
ARCHITECTURES.
249 0708011S INDUSTRIAL 27,044 27,044
PREPAREDNESS.
250 0708012S LOGISTICS 4,711 4,711
SUPPORT
ACTIVITIES.
251 0902298J MANAGEMENT HQ-- 4,100 4,100
OJCS.
[[Page 126 STAT. 2272]]
253 1105219BB MQ-9 UAV........ 3,002 3,002
257 1160403BB SPECIAL 97,267 97,267
OPERATIONS
AVIATION
SYSTEMS
ADVANCED
DEVELOPMENT.
258 1160404BB SPECIAL 821 821
OPERATIONS
TACTICAL
SYSTEMS
DEVELOPMENT.
259 1160405BB SPECIAL 25,935 25,935
OPERATIONS
INTELLIGENCE
SYSTEMS
DEVELOPMENT.
260 1160408BB SOF OPERATIONAL 51,700 51,700
ENHANCEMENTS.
261 1160421BB SPECIAL 1,822 1,822
OPERATIONS CV-
22 DEVELOPMENT.
262 1160427BB MISSION TRAINING 10,131 10,131
AND PREPARATION
SYSTEMS (MTPS).
263 1160429BB AC/MC-130J...... 19,647 19,647
264 1160474BB SOF 2,225 2,225
COMMUNICATIONS
EQUIPMENT AND
ELECTRONICS
SYSTEMS.
265 1160476BB SOF TACTICAL 3,036 3,036
RADIO SYSTEMS.
266 1160477BB SOF WEAPONS 1,511 1,511
SYSTEMS.
267 1160478BB SOF SOLDIER 4,263 4,263
PROTECTION AND
SURVIVAL
SYSTEMS.
268 1160479BB SOF VISUAL 4,448 4,448
AUGMENTATION,
LASERS AND
SENSOR SYSTEMS.
269 1160480BB SOF TACTICAL 11,325 11,325
VEHICLES.
270 1160481BB SOF MUNITIONS... 1,515 1,515
271 1160482BB SOF ROTARY WING 24,430 24,430
AVIATION.
272 1160483BB SOF UNDERWATER 26,405 69,405
SYSTEMS.
............... Program [35,000]
increase.
............... Transfer [8,000]
from PDW
Line 64 at
USSOCOM
request.
273 1160484BB SOF SURFACE 8,573 8,573
CRAFT.
275 1160489BB SOF GLOBAL VIDEO 7,620 7,620
SURVEILLANCE
ACTIVITIES.
276 1160490BB SOF OPERATIONAL 16,386 16,386
ENHANCEMENTS
INTELLIGENCE.
276A 9999999999 CLASSIFIED 3,754,516 3,754,516
PROGRAMS.
............... SUBTOTAL 4,667,738 4,711,338
OPERATIONAL
SYSTEMS
DEVELOPMENT.
...............
............... UNDISTRIBUTED
GENERAL
PROVISIONS
276B 9999999999 UNDISTRIBUTED -25,000
GENERAL
PROVISIONS.
............... DARPA [-25,000]
classified
programs
reduction.
............... SUBTOTAL -25,000
UNDISTRIBUTED
GENERAL
PROVISIONS.
...............
............... TOTAL 17,982,161 18,550,561
RESEARCH,
DEVELOPMENT
, TEST &
EVAL, DW.
...............
............... OPERATIONAL TEST
& EVAL, DEFENSE
............... RDT&E MANAGEMENT
SUPPORT
001 0605118OTE OPERATIONAL TEST 72,501 87,501
AND EVALUATION.
............... Program [15,000]
increase for
DOT&E cyber--
range
operations.
002 0605131OTE LIVE FIRE TEST 49,201 49,201
AND EVALUATION.
003 0605814OTE OPERATIONAL TEST 63,566 63,566
ACTIVITIES AND
ANALYSES.
............... SUBTOTAL 185,268 200,268
RDT&E
MANAGEMENT
SUPPORT.
...............
............... TOTAL 185,268 200,268
OPERATIONAL
TEST &
EVAL,
DEFENSE.
...............
............... TOTAL RDT&E 69,407,767 69,937,900
------------------------------------------------------------------------
[[Page 126 STAT. 2273]]
SEC. 4202. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION FOR
OVERSEAS CONTINGENCY OPERATIONS.
------------------------------------------------------------------------
SEC. 4202. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION FOR OVERSEAS
CONTINGENCY OPERATIONS (In Thousands of Dollars)
-------------------------------------------------------------------------
FY 2013 Conference
Line Program Element Item Request Authorized
------------------------------------------------------------------------
............... ADVANCED
COMPONENT
DEVELOPMENT &
PROTOTYPES
060 0603747A SOLDIER SUPPORT 19,860 14,860
AND
SURVIVABILITY.
............... Program [-5,000]
adjustment.
............... SUBTOTAL 19,860 19,860
ADVANCED
COMPONENT
DEVELOPMENT &
PROTOTYPES.
...............
............... TOTAL 19,860 14,860
RESEARCH,
DEVELOPMENT,
TEST & EVAL,
ARMY.
...............
............... ADVANCED
COMPONENT
DEVELOPMENT &
PROTOTYPES
056 0603654N JOINT SERVICE 4,600 4,600
EXPLOSIVE
ORDNANCE
DEVELOPMENT.
............... SUBTOTAL 4,600 4,600
ADVANCED
COMPONENT
DEVELOPMENT &
PROTOTYPES.
...............
............... SYSTEM
DEVELOPMENT &
DEMONSTRATION
131 0604771N MEDICAL 2,173 2,173
DEVELOPMENT.
............... SUBTOTAL 2,173 2,173
SYSTEM
DEVELOPMENT &
DEMONSTRATION.
...............
............... RDT&E MANAGEMENT
SUPPORT
160 0605866N NAVY SPACE AND 5,200 5,200
ELECTRONIC
WARFARE (SEW)
SUPPORT.
............... SUBTOTAL 5,200 5,200
RDT&E
MANAGEMENT
SUPPORT.
...............
............... OPERATIONAL
SYSTEMS
DEVELOPMENT
195 0206624M MARINE CORPS 6,762 6,762
COMBAT SERVICES
SUPPORT.
221 0305233N RQ-7 UAV......... 7,600 7,600
230A 9999999999 CLASSIFIED 33,784 33,784
PROGRAMS.
............... SUBTOTAL 48,146 48,146
OPERATIONAL
SYSTEMS
DEVELOPMENT.
...............
............... TOTAL 60,119 60,119
RESEARCH,
DEVELOPMENT,
TEST & EVAL,
NAVY.
...............
............... OPERATIONAL
SYSTEMS
DEVELOPMENT
249A 9999999999 CLASSIFIED 53,150 53,150
PROGRAMS.
............... SUBTOTAL 53,150 53,150
OPERATIONAL
SYSTEMS
DEVELOPMENT.
...............
............... TOTAL 53,150 53,150
RESEARCH,
DEVELOPMENT,
TEST & EVAL,
AF.
...............
............... OPERATIONAL
SYSTEMS
DEVELOPMENT
239 0305231BB MQ-8 UAV......... 5,000 5,000
276A 9999999999 CLASSIFIED 107,387 107,387
PROGRAMS.
............... SUBTOTAL 112,387 112,387
OPERATIONAL
SYSTEMS
DEVELOPMENT.
...............
............... TOTAL 112,387 112,387
RESEARCH,
DEVELOPMENT,
TEST & EVAL,
DW.
...............
............... TOTAL RDT&E. 245,516 240,516
------------------------------------------------------------------------
[[Page 126 STAT. 2274]]
TITLE XLIII--OPERATION AND MAINTENANCE
SEC. 4301. OPERATION AND MAINTENANCE.
------------------------------------------------------------------------
SEC. 4301. OPERATION AND MAINTENANCE (In Thousands of Dollars)
-------------------------------------------------------------------------
FY 2013 Conference
Line Item Request Authorized
------------------------------------------------------------------------
OPERATION & MAINTENANCE, ARMY
OPERATING FORCES
010 MANEUVER UNITS................ 1,223,087 1,223,087
020 MODULAR SUPPORT BRIGADES...... 80,574 80,574
030 ECHELONS ABOVE BRIGADE........ 723,039 723,039
040 THEATER LEVEL ASSETS.......... 706,974 706,974
050 LAND FORCES OPERATIONS SUPPORT 1,226,650 1,226,650
060 AVIATION ASSETS............... 1,319,832 1,319,832
070 FORCE READINESS OPERATIONS 3,447,174 3,447,174
SUPPORT......................
080 LAND FORCES SYSTEMS READINESS. 454,774 454,774
090 LAND FORCES DEPOT MAINTENANCE. 1,762,757 1,762,757
100 BASE OPERATIONS SUPPORT....... 7,401,613 7,349,613
Army requested transfer to [-52,000]
Other Procurement, Army
for emgergency
mananagement modernization
prgram....................
110 FACILITIES SUSTAINMENT, 3,041,074 3,259,674
RESTORATION & MODERNIZATION..
Restoration and [218,600]
Modernization of
Facilities................
120 MANAGEMENT AND OPERATIONAL 410,171 410,171
HQ'S.........................
130 COMBATANT COMMANDERS CORE 177,819 177,819
OPERATIONS...................
170 COMBATANT COMMANDERS ANCILLARY 461,333 461,333
MISSIONS.....................
SUBTOTAL OPERATING FORCES. 22,436,871 22,603,471
MOBILIZATION
180 STRATEGIC MOBILITY............ 405,496 405,496
190 ARMY PREPOSITIONING STOCKS.... 195,349 195,349
200 INDUSTRIAL PREPAREDNESS....... 6,379 6,379
SUBTOTAL MOBILIZATION..... 607,224 607,224
TRAINING AND RECRUITING
210 OFFICER ACQUISITION........... 112,866 112,866
220 RECRUIT TRAINING.............. 73,265 73,265
230 ONE STATION UNIT TRAINING..... 51,227 51,227
240 SENIOR RESERVE OFFICERS 443,306 443,306
TRAINING CORPS...............
250 SPECIALIZED SKILL TRAINING.... 1,099,556 1,099,556
260 FLIGHT TRAINING............... 1,130,627 1,130,627
270 PROFESSIONAL DEVELOPMENT 191,683 191,683
EDUCATION....................
280 TRAINING SUPPORT.............. 652,095 652,095
290 RECRUITING AND ADVERTISING.... 507,510 507,510
300 EXAMINING..................... 156,964 156,964
310 OFF-DUTY AND VOLUNTARY 244,343 244,343
EDUCATION....................
320 CIVILIAN EDUCATION AND 212,477 212,477
TRAINING.....................
330 JUNIOR ROTC................... 182,691 182,691
SUBTOTAL TRAINING AND 5,058,610 5,058,610
RECRUITING................
ADMIN & SRVWIDE ACTIVITIES
350 SERVICEWIDE TRANSPORTATION.... 601,331 601,331
360 CENTRAL SUPPLY ACTIVITIES..... 741,324 741,324
370 LOGISTIC SUPPORT ACTIVITIES... 610,136 610,136
380 AMMUNITION MANAGEMENT......... 478,707 478,707
390 ADMINISTRATION................ 556,307 556,307
400 SERVICEWIDE COMMUNICATIONS.... 1,547,925 1,547,925
[[Page 126 STAT. 2275]]
410 MANPOWER MANAGEMENT........... 362,205 338,205
Army-Identified Excess for [-24,000]
Civilian Personnel
Resources Support.........
420 OTHER PERSONNEL SUPPORT....... 220,754 220,754
430 OTHER SERVICE SUPPORT......... 1,153,556 1,150,509
Army Museum Funding (Early [-3,047]
to need)..................
440 ARMY CLAIMS ACTIVITIES........ 250,970 250,970
450 REAL ESTATE MANAGEMENT........ 222,351 222,351
460 BASE OPERATIONS SUPPORT....... 222,379 222,379
470 SUPPORT OF NATO OPERATIONS.... 459,710 459,710
480 MISC. SUPPORT OF OTHER NATIONS 25,637 25,637
490 CLASSIFIED PROGRAMS........... 1,052,595 1,052,595
SUBTOTAL ADMIN & SRVWIDE 8,505,887 8,478,840
ACTIVITIES................
UNDISTRIBUTED ADJUSTMENTS
500 UNDISTRIBUTED ADJUSTMENTS..... -266,600
Excess Working Capital [-146,600]
Fund Carry Over...........
Historical unobligated [-120,000]
balances..................
SUBTOTAL UNDISTRIBUTED -266,600
ADJUSTMENTS...............
TOTAL OPERATION & 36,608,592 36,481,545
MAINTENANCE, ARMY........
OPERATION & MAINTENANCE, NAVY
OPERATING FORCES
010 MISSION AND OTHER FLIGHT 4,918,144 4,927,144
OPERATIONS...................
Cruiser Retention......... [9,000]
020 FLEET AIR TRAINING............ 1,886,825 1,886,825
030 AVIATION TECHNICAL DATA & 44,032 44,032
ENGINEERING SERVICES.........
040 AIR OPERATIONS AND SAFETY 101,565 101,565
SUPPORT......................
050 AIR SYSTEMS SUPPORT........... 374,827 374,827
060 AIRCRAFT DEPOT MAINTENANCE.... 960,802 960,802
070 AIRCRAFT DEPOT OPERATIONS 37,545 37,545
SUPPORT......................
080 AVIATION LOGISTICS............ 328,805 328,805
090 MISSION AND OTHER SHIP 4,686,535 4,711,185
OPERATIONS...................
Cruiser Retention......... [24,650]
100 SHIP OPERATIONS SUPPORT & 769,204 769,204
TRAINING.....................
110 SHIP DEPOT MAINTENANCE........ 5,089,981 5,157,944
Cruiser Retention......... [67,963]
120 SHIP DEPOT OPERATIONS SUPPORT. 1,315,366 1,329,237
Cruiser Retention......... [13,871]
130 COMBAT COMMUNICATIONS......... 619,909 619,909
140 ELECTRONIC WARFARE............ 92,364 92,364
150 SPACE SYSTEMS AND SURVEILLANCE 174,437 174,437
160 WARFARE TACTICS............... 441,035 441,035
170 OPERATIONAL METEOROLOGY AND 333,554 333,554
OCEANOGRAPHY.................
180 COMBAT SUPPORT FORCES......... 910,087 910,087
190 EQUIPMENT MAINTENANCE......... 167,158 167,158
200 DEPOT OPERATIONS SUPPORT...... 4,183 4,183
210 COMBATANT COMMANDERS CORE 95,528 95,528
OPERATIONS...................
220 COMBATANT COMMANDERS DIRECT 204,569 204,569
MISSION SUPPORT..............
230 CRUISE MISSILE................ 111,884 111,884
240 FLEET BALLISTIC MISSILE....... 1,181,038 1,181,038
250 IN-SERVICE WEAPONS SYSTEMS 87,606 87,606
SUPPORT......................
[[Page 126 STAT. 2276]]
260 WEAPONS MAINTENANCE........... 519,583 519,583
270 OTHER WEAPON SYSTEMS SUPPORT.. 300,435 300,435
280 ENTERPRISE INFORMATION........ 1,077,924 1,077,924
290 SUSTAINMENT, RESTORATION AND 2,101,279 2,155,879
MODERNIZATION................
Restoration and [54,600]
Modernization of
Facilities................
300 BASE OPERATING SUPPORT........ 4,822,093 4,822,093
SUBTOTAL OPERATING FORCES. 33,758,297 33,928,381
MOBILIZATION
310 SHIP PREPOSITIONING AND SURGE. 334,659 334,659
320 AIRCRAFT ACTIVATIONS/ 6,562 6,562
INACTIVATIONS................
330 SHIP ACTIVATIONS/INACTIVATIONS 1,066,329 1,057,329
Cruiser Retention......... [-9,000]
340 EXPEDITIONARY HEALTH SERVICES 83,901 83,901
SYSTEMS......................
350 INDUSTRIAL READINESS.......... 2,695 2,695
360 COAST GUARD SUPPORT........... 23,502 23,502
SUBTOTAL MOBILIZATION..... 1,517,648 1,508,648
TRAINING AND RECRUITING
370 OFFICER ACQUISITION........... 147,807 147,807
380 RECRUIT TRAINING.............. 10,473 10,473
390 RESERVE OFFICERS TRAINING 139,220 139,220
CORPS........................
400 SPECIALIZED SKILL TRAINING.... 582,177 582,177
410 FLIGHT TRAINING............... 5,456 5,456
420 PROFESSIONAL DEVELOPMENT 170,746 170,746
EDUCATION....................
430 TRAINING SUPPORT.............. 153,403 153,403
440 RECRUITING AND ADVERTISING.... 241,329 242,267
Naval Sea Cadet Corps..... [938]
450 OFF-DUTY AND VOLUNTARY 108,226 108,226
EDUCATION....................
460 CIVILIAN EDUCATION AND 105,776 105,776
TRAINING.....................
470 JUNIOR ROTC................... 51,817 51,817
SUBTOTAL TRAINING AND 1,716,430 1,717,368
RECRUITING................
ADMIN & SRVWD ACTIVITIES
480 ADMINISTRATION................ 797,177 797,177
490 EXTERNAL RELATIONS............ 12,872 12,872
500 CIVILIAN MANPOWER AND 120,181 120,181
PERSONNEL MANAGEMENT.........
510 MILITARY MANPOWER AND 235,753 235,753
PERSONNEL MANAGEMENT.........
520 OTHER PERSONNEL SUPPORT....... 263,060 263,060
530 SERVICEWIDE COMMUNICATIONS.... 363,213 363,213
550 SERVICEWIDE TRANSPORTATION.... 182,343 182,343
570 PLANNING, ENGINEERING AND 282,464 282,464
DESIGN.......................
580 ACQUISITION AND PROGRAM 1,092,123 1,092,123
MANAGEMENT...................
590 HULL, MECHANICAL AND 53,560 53,560
ELECTRICAL SUPPORT...........
600 COMBAT/WEAPONS SYSTEMS........ 25,299 25,299
610 SPACE AND ELECTRONIC WARFARE 64,418 64,418
SYSTEMS......................
620 NAVAL INVESTIGATIVE SERVICE... 580,042 580,042
680 INTERNATIONAL HEADQUARTERS AND 4,984 4,984
AGENCIES.....................
710 CLASSIFIED PROGRAMS........... 537,079 537,079
SUBTOTAL ADMIN & SRVWD 4,614,568 4,614,568
ACTIVITIES................
UNDISTRIBUTED ADJUSTMENTS
720 UNDISTRIBUTED ADJUSTMENTS..... -23,000
Historical unobligated [-23,000]
balances..................
[[Page 126 STAT. 2277]]
SUBTOTAL UNDISTRIBUTED -23,000
ADJUSTMENTS...............
TOTAL OPERATION & 41,606,943 41,745,965
MAINTENANCE, NAVY........
OPERATION & MAINTENANCE,
MARINE CORPS
OPERATING FORCES
010 OPERATIONAL FORCES............ 788,055 788,055
020 FIELD LOGISTICS............... 762,614 762,614
030 DEPOT MAINTENANCE............. 168,447 168,447
040 MARITIME PREPOSITIONING....... 100,374 100,374
050 SUSTAINMENT, RESTORATION & 825,039 847,839
MODERNIZATION................
Restoration and [22,800]
Modernization of
Facilities................
060 BASE OPERATING SUPPORT........ 2,188,883 2,188,883
SUBTOTAL OPERATING FORCES. 4,833,412 4,856,212
TRAINING AND RECRUITING
070 RECRUIT TRAINING.............. 18,251 18,251
080 OFFICER ACQUISITION........... 869 869
090 SPECIALIZED SKILL TRAINING.... 80,914 80,914
100 PROFESSIONAL DEVELOPMENT 42,744 42,744
EDUCATION....................
110 TRAINING SUPPORT.............. 292,150 292,150
120 RECRUITING AND ADVERTISING.... 168,609 168,609
130 OFF-DUTY AND VOLUNTARY 56,865 56,865
EDUCATION....................
140 JUNIOR ROTC................... 19,912 19,912
SUBTOTAL TRAINING AND 680,314 680,314
RECRUITING................
ADMIN & SRVWD ACTIVITIES
150 SERVICEWIDE TRANSPORTATION.... 39,962 39,962
170 ACQUISITION AND PROGRAM 83,404 83,404
MANAGEMENT...................
190 CLASSIFIED PROGRAMS........... 346,071 346,071
SUBTOTAL ADMIN & SRVWD 469,437 469,437
ACTIVITIES................
TOTAL OPERATION & 5,983,163 6,005,963
MAINTENANCE, MARINE CORPS
OPERATION & MAINTENANCE, AIR
FORCE
OPERATING FORCES
010 PRIMARY COMBAT FORCES......... 2,973,141 2,973,141
020 COMBAT ENHANCEMENT FORCES..... 1,611,032 1,744,032
Global Hawk Block 30...... [133,000]
030 AIR OPERATIONS TRAINING (OJT, 1,472,806 1,472,806
MAINTAIN SKILLS).............
040 DEPOT MAINTENANCE............. 5,545,470 5,545,470
050 FACILITIES SUSTAINMENT, 1,353,987 1,489,386
RESTORATION & MODERNIZATION..
Restoration and [135,399]
Modernization of
Facilities................
060 BASE SUPPORT.................. 2,595,032 2,595,032
070 GLOBAL C3I AND EARLY WARNING.. 957,040 957,040
080 OTHER COMBAT OPS SPT PROGRAMS. 916,200 916,200
100 TACTICAL INTEL AND OTHER 733,716 733,716
SPECIAL ACTIVITIES...........
110 LAUNCH FACILITIES............. 314,490 314,490
120 SPACE CONTROL SYSTEMS......... 488,762 488,762
130 COMBATANT COMMANDERS DIRECT 862,979 850,979
MISSION SUPPORT..............
[[Page 126 STAT. 2278]]
Joint Forces Command [-12,000]
restructuring.............
140 COMBATANT COMMANDERS CORE 222,429 222,429
OPERATIONS...................
SUBTOTAL OPERATING FORCES. 20,047,084 20,303,483
MOBILIZATION
150 AIRLIFT OPERATIONS............ 1,785,379 1,785,379
160 MOBILIZATION PREPAREDNESS..... 154,049 154,049
170 DEPOT MAINTENANCE............. 1,477,396 1,477,396
180 FACILITIES SUSTAINMENT, 309,699 309,699
RESTORATION & MODERNIZATION..
190 BASE SUPPORT.................. 707,574 707,574
SUBTOTAL MOBILIZATION..... 4,434,097 4,434,097
TRAINING AND RECRUITING
200 OFFICER ACQUISITION........... 115,427 115,427
210 RECRUIT TRAINING.............. 17,619 17,619
220 RESERVE OFFICERS TRAINING 92,949 92,949
CORPS (ROTC).................
230 FACILITIES SUSTAINMENT, 336,433 336,433
RESTORATION & MODERNIZATION..
240 BASE SUPPORT.................. 842,441 842,441
250 SPECIALIZED SKILL TRAINING.... 482,634 482,634
260 FLIGHT TRAINING............... 750,609 750,609
270 PROFESSIONAL DEVELOPMENT 235,114 235,114
EDUCATION....................
280 TRAINING SUPPORT.............. 101,231 101,231
290 DEPOT MAINTENANCE............. 233,330 233,330
310 RECRUITING AND ADVERTISING.... 130,217 130,217
320 EXAMINING..................... 2,738 2,738
330 OFF-DUTY AND VOLUNTARY 155,170 155,170
EDUCATION....................
340 CIVILIAN EDUCATION AND 175,147 175,147
TRAINING.....................
350 JUNIOR ROTC................... 74,809 74,809
SUBTOTAL TRAINING AND 3,745,868 3,745,868
RECRUITING................
ADMIN & SRVWD ACTIVITIES
360 LOGISTICS OPERATIONS.......... 1,029,734 1,029,734
370 TECHNICAL SUPPORT ACTIVITIES.. 913,843 913,843
390 FACILITIES SUSTAINMENT, 303,610 303,610
RESTORATION & MODERNIZATION..
400 BASE SUPPORT.................. 1,266,800 1,266,800
410 ADMINISTRATION................ 587,654 587,654
420 SERVICEWIDE COMMUNICATIONS.... 667,910 667,910
430 OTHER SERVICEWIDE ACTIVITIES.. 1,094,509 1,094,509
440 CIVIL AIR PATROL.............. 23,904 23,904
470 INTERNATIONAL SUPPORT......... 81,307 81,307
480 CLASSIFIED PROGRAMS........... 1,239,040 1,239,040
SUBTOTAL ADMIN & SRVWD 7,208,311 7,208,311
ACTIVITIES................
UNDISTRIBUTED ADJUSTMENTS
490 UNDISTRIBUTED ADJUSTMENTS..... -32,000
Historical unobligated [-32,000]
balances..................
SUBTOTAL UNDISTRIBUTED -32,000
ADJUSTMENTS...............
TOTAL OPERATION & 35,435,360 35,659,759
MAINTENANCE, AIR FORCE...
OPERATION & MAINTENANCE,
DEFENSE-WIDE
OPERATING FORCES
010 JOINT CHIEFS OF STAFF......... 485,708 485,708
[[Page 126 STAT. 2279]]
020 SPECIAL OPERATIONS COMMAND.... 5,091,001
Transfer from line 025.... [5,091,001]
025 CLASSIFIED PROGRAMS........... 5,091,001 0
Transfer to Line 020...... [-5,091,001]
SUBTOTAL OPERATING FORCES. 5,576,709 5,576,709
TRAINING AND RECRUITING
030 DEFENSE ACQUISITION UNIVERSITY 147,210 147,210
040 NATIONAL DEFENSE UNIVERSITY... 84,999 84,999
SUBTOTAL TRAINING AND 232,209 232,209
RECRUITING................
ADMIN & SRVWD ACTIVITIES
050 CIVIL MILITARY PROGRAMS....... 161,294 161,294
080 DEFENSE CONTRACT AUDIT AGENCY. 573,973 573,973
090 DEFENSE CONTRACT MANAGEMENT 1,293,196 1,293,196
AGENCY.......................
100 DEFENSE FINANCE AND ACCOUNTING 17,513 17,513
SERVICE......................
110 DEFENSE HUMAN RESOURCES 676,186 676,186
ACTIVITY.....................
120 DEFENSE INFORMATION SYSTEMS 1,346,847 1,346,847
AGENCY.......................
140 DEFENSE LEGAL SERVICES AGENCY. 35,137 35,137
150 DEFENSE LOGISTICS AGENCY...... 431,893 431,893
160 DEFENSE MEDIA ACTIVITY........ 224,013 224,013
170 DEFENSE POW/MIA OFFICE........ 21,964 21,964
180 DEFENSE SECURITY COOPERATION 557,917 557,917
AGENCY.......................
190 DEFENSE SECURITY SERVICE...... 506,662
Transfer from Line 280.... [506,662]
200 DEFENSE TECHNOLOGY SECURITY 35,319 35,319
ADMINISTRATION...............
210 DEFENSE THREAT REDUCTION 443,382
AGENCY.......................
Transfer from Line 280.... [443,382]
220 DEPARTMENT OF DEFENSE 2,744,971 2,744,971
EDUCATION ACTIVITY...........
230 MISSILE DEFENSE AGENCY........ 259,975 259,975
250 OFFICE OF ECONOMIC ADJUSTMENT. 253,437 253,437
260 OFFICE OF THE SECRETARY OF 2,095,362 2,105,362
DEFENSE......................
Office of Net Assessment.. [10,000]
270 WASHINGTON HEADQUARTERS 521,297 521,297
SERVICE......................
280 CLASSIFIED PROGRAMS........... 14,933,801 14,033,757
Additional ISR Support to [50,000]
Operation Observant
Compass...................
Transfer to Line 190...... [-506,662]
Transfer to Line 210...... [-443,382]
SUBTOTAL ADMIN & SRVWD 26,184,095 26,244,095
ACTIVITIES................
UNDISTRIBUTED ADJUSTMENTS
290 UNDISTRIBUTED ADJUSTMENTS..... 35,000
DOD Impact Aid............ [30,000]
Impact aid for children [5,000]
with severe disabilities..
SUBTOTAL UNDISTRIBUTED 35,000
ADJUSTMENTS...............
TOTAL OPERATION & 31,993,013 32,088,013
MAINTENANCE, DEFENSE-WIDE
OPERATION & MAINTENANCE, ARMY
RES
OPERATING FORCES
010 MANEUVER UNITS................ 1,391 1,391
020 MODULAR SUPPORT BRIGADES...... 20,889 20,889
030 ECHELONS ABOVE BRIGADE........ 592,724 592,724
040 THEATER LEVEL ASSETS.......... 114,983 114,983
[[Page 126 STAT. 2280]]
050 LAND FORCES OPERATIONS SUPPORT 633,091 633,091
060 AVIATION ASSETS............... 76,823 76,823
070 FORCE READINESS OPERATIONS 481,997 481,997
SUPPORT......................
080 LAND FORCES SYSTEMS READINESS. 70,118 70,118
090 LAND FORCES DEPOT MAINTENANCE. 141,205 141,205
100 BASE OPERATIONS SUPPORT....... 561,878 561,878
110 FACILITIES SUSTAINMENT, 287,399 308,099
RESTORATION & MODERNIZATION..
Restoration and [20,700]
Modernization of
Facilities................
120 MANAGEMENT AND OPERATIONAL 52,431 52,431
HQ'S.........................
SUBTOTAL OPERATING FORCES. 3,034,929 3,055,629
ADMIN & SRVWD ACTIVITIES
140 SERVICEWIDE TRANSPORTATION.... 12,995 12,995
150 ADMINISTRATION................ 32,432 32,432
160 SERVICEWIDE COMMUNICATIONS.... 4,895 4,895
170 MANPOWER MANAGEMENT........... 16,074 11,574
Unjustified growth for [-4,500]
civilian personnel........
180 RECRUITING AND ADVERTISING.... 60,683 60,683
SUBTOTAL ADMIN & SRVWD 127,079 122,579
ACTIVITIES................
TOTAL OPERATION & 3,162,008 3,178,208
MAINTENANCE, ARMY RES....
OPERATION & MAINTENANCE, NAVY
RES
OPERATING FORCES
010 MISSION AND OTHER FLIGHT 616,776 616,776
OPERATIONS...................
020 INTERMEDIATE MAINTENANCE...... 15,076 15,076
030 AIR OPERATIONS AND SAFETY 1,479 1,479
SUPPORT......................
040 AIRCRAFT DEPOT MAINTENANCE.... 107,251 107,251
050 AIRCRAFT DEPOT OPERATIONS 355 355
SUPPORT......................
060 MISSION AND OTHER SHIP 82,186 82,186
OPERATIONS...................
070 SHIP OPERATIONS SUPPORT & 589 589
TRAINING.....................
080 SHIP DEPOT MAINTENANCE........ 48,593 48,593
090 COMBAT COMMUNICATIONS......... 15,274 15,274
100 COMBAT SUPPORT FORCES......... 124,917 124,917
110 WEAPONS MAINTENANCE........... 1,978 1,978
120 ENTERPRISE INFORMATION........ 43,699 43,699
130 SUSTAINMENT, RESTORATION AND 60,646 60,646
MODERNIZATION................
140 BASE OPERATING SUPPORT........ 105,227 105,227
SUBTOTAL OPERATING FORCES. 1,224,046 1,224,046
ADMIN & SRVWD ACTIVITIES
150 ADMINISTRATION................ 3,117 3,117
160 MILITARY MANPOWER AND 14,337 14,337
PERSONNEL MANAGEMENT.........
170 SERVICEWIDE COMMUNICATIONS.... 2,392 2,392
180 ACQUISITION AND PROGRAM 3,090 3,090
MANAGEMENT...................
SUBTOTAL ADMIN & SRVWD 22,936 22,936
ACTIVITIES................
TOTAL OPERATION & 1,246,982 1,246,982
MAINTENANCE, NAVY RES....
OPERATION & MAINTENANCE, MC
RESERVE
OPERATING FORCES
010 OPERATING FORCES.............. 89,690 89,690
020 DEPOT MAINTENANCE............. 16,735 16,735
030 SUSTAINMENT, RESTORATION AND 37,913 37,913
MODERNIZATION................
[[Page 126 STAT. 2281]]
040 BASE OPERATING SUPPORT........ 103,746 103,746
SUBTOTAL OPERATING FORCES. 248,084 248,084
ADMIN & SRVWD ACTIVITIES
050 SERVICEWIDE TRANSPORTATION.... 873 873
060 ADMINISTRATION................ 14,330 14,330
070 RECRUITING AND ADVERTISING.... 8,998 8,998
SUBTOTAL ADMIN & SRVWD 24,201 24,201
ACTIVITIES................
TOTAL OPERATION & 272,285 272,285
MAINTENANCE, MC RESERVE..
OPERATION & MAINTENANCE, AF
RESERVE
OPERATING FORCES
010 PRIMARY COMBAT FORCES......... 2,089,326 2,089,326
020 MISSION SUPPORT OPERATIONS.... 112,992 112,992
030 DEPOT MAINTENANCE............. 406,101 406,101
040 FACILITIES SUSTAINMENT, 71,564 78,264
RESTORATION & MODERNIZATION..
Restoration and [6,700]
Modernization of
Facilities................
050 BASE SUPPORT.................. 364,862 364,862
SUBTOTAL OPERATING FORCES. 3,044,845 3,051,545
ADMIN & SRVWD ACTIVITIES
060 ADMINISTRATION................ 78,824 78,824
070 RECRUITING AND ADVERTISING.... 16,020 16,020
080 MILITARY MANPOWER AND PERS 19,496 19,496
MGMT (ARPC)..................
090 OTHER PERS SUPPORT (DISABILITY 6,489 6,489
COMP)........................
100 AUDIOVISUAL................... 808 808
SUBTOTAL ADMIN & SRVWD 121,637 121,637
ACTIVITIES................
UNDISTRIBUTED ADJUSTMENTS
110 UNDISTRIBUTED ADJUSTMENTS..... 33,900
Retain Air Force Reserve [33,900]
Force Structure...........
SUBTOTAL UNDISTRIBUTED 33,900
ADJUSTMENTS...............
TOTAL OPERATION & 3,166,482 3,207,082
MAINTENANCE, AF RESERVE..
OPERATION & MAINTENANCE, ARNG
OPERATING FORCES
010 MANEUVER UNITS................ 680,206 680,206
020 MODULAR SUPPORT BRIGADES...... 186,408 186,408
030 ECHELONS ABOVE BRIGADE........ 865,628 865,628
040 THEATER LEVEL ASSETS.......... 112,651 112,651
050 LAND FORCES OPERATIONS SUPPORT 36,091 36,091
060 AVIATION ASSETS............... 907,011 907,011
070 FORCE READINESS OPERATIONS 751,606 751,606
SUPPORT......................
080 LAND FORCES SYSTEMS READINESS. 60,043 60,043
090 LAND FORCES DEPOT MAINTENANCE. 411,940 411,940
100 BASE OPERATIONS SUPPORT....... 995,423 995,423
110 FACILITIES SUSTAINMENT, 688,189 737,589
RESTORATION & MODERNIZATION..
Restoration and [49,400]
Modernization of
Facilities................
120 MANAGEMENT AND OPERATIONAL 953,716 953,716
HQ'S.........................
SUBTOTAL OPERATING FORCES. 6,648,912 6,698,312
ADMIN & SRVWD ACTIVITIES
[[Page 126 STAT. 2282]]
130 SERVICEWIDE TRANSPORTATION.... 11,806 11,806
140 REAL ESTATE MANAGEMENT........ 1,656 1,656
150 ADMINISTRATION................ 89,358 89,358
160 SERVICEWIDE COMMUNICATIONS.... 39,513 39,513
170 MANPOWER MANAGEMENT........... 7,224 7,224
180 RECRUITING AND ADVERTISING.... 310,143 310,143
SUBTOTAL ADMIN & SRVWD 459,700 459,700
ACTIVITIES................
TOTAL OPERATION & 7,108,612 7,158,012
MAINTENANCE, ARNG........
OPERATION & MAINTENANCE, ANG
OPERATING FORCES
010 AIRCRAFT OPERATIONS........... 3,559,824 3,559,824
020 MISSION SUPPORT OPERATIONS.... 721,225 721,225
030 DEPOT MAINTENANCE............. 774,875 774,875
040 FACILITIES SUSTAINMENT, 270,709 295,409
RESTORATION & MODERNIZATION..
Restoration and [24,700]
Modernization of
Facilities................
050 BASE SUPPORT.................. 624,443 624,443
SUBTOTAL OPERATING FORCES. 5,951,076 5,975,776
ADMIN & SRVWD ACTIVITIES
060 ADMINISTRATION................ 32,358 32,358
070 RECRUITING AND ADVERTISING.... 32,021 32,021
SUBTOTAL ADMIN & SRVWD 64,379 64,379
ACTIVITIES................
UNDISTRIBUTED ADJUSTMENTS
080 UNDISTRIBUTED ADJUSTMENTS..... 145,400
Retain Air National Guard [145,400]
Force Structure...........
SUBTOTAL UNDISTRIBUTED 145,400
ADJUSTMENTS...............
TOTAL OPERATION & 6,015,455 6,185,555
MAINTENANCE, ANG.........
MISCELLANEOUS APPROPRIATIONS
MISCELLANEOUS APPROPRIATIONS
020 OVERSEAS HUMANITARIAN, 108,759 108,759
DISASTER AND CIVIC AID.......
030 COOPERATIVE THREAT REDUCTION.. 519,111 519,111
040 ACQ WORKFORCE DEV FD.......... 274,198 274,198
050 ENVIRONMENTAL RESTORATION, 335,921 335,921
ARMY.........................
SUBTOTAL MISCELLANEOUS 1,237,989 1,237,989
APPROPRIATIONS............
MISCELLANEOUS APPROPRIATIONS
060 ENVIRONMENTAL RESTORATION, 310,594 310,594
NAVY.........................
SUBTOTAL MISCELLANEOUS 310,594 310,594
APPROPRIATIONS............
MISCELLANEOUS APPROPRIATIONS
070 ENVIRONMENTAL RESTORATION, AIR 529,263 529,263
FORCE........................
SUBTOTAL MISCELLANEOUS 529,263 529,263
APPROPRIATIONS............
MISCELLANEOUS APPROPRIATIONS
010 US COURT OF APPEALS FOR THE 13,516 13,516
ARMED FORCES, DEFENSE........
[[Page 126 STAT. 2283]]
080 ENVIRONMENTAL RESTORATION, 11,133 11,133
DEFENSE......................
SUBTOTAL MISCELLANEOUS 24,649 24,649
APPROPRIATIONS............
MISCELLANEOUS APPROPRIATIONS
090 ENVIRONMENTAL RESTORATION 237,543 237,543
FORMERLY USED SITES..........
SUBTOTAL MISCELLANEOUS 237,543 237,543
APPROPRIATIONS............
TOTAL MISCELLANEOUS 2,340,038 2,340,038
APPROPRIATIONS...........
TOTAL OPERATION & 174,938,933 175,569,407
MAINTENANCE..............
------------------------------------------------------------------------
SEC. 4302. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY
OPERATIONS.
------------------------------------------------------------------------
SEC. 4302. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS
(In Thousands of Dollars)
-------------------------------------------------------------------------
FY 2013 Conference
Line Item Request Authorized
------------------------------------------------------------------------
OPERATION & MAINTENANCE, ARMY
OPERATING FORCES
040 THEATER LEVEL ASSETS............. 2,758,162 2,758,162
050 LAND FORCES OPERATIONS SUPPORT... 991,396 991,396
060 AVIATION ASSETS.................. 40,300 40,300
070 FORCE READINESS OPERATIONS 1,755,445 1,755,445
SUPPORT.........................
080 LAND FORCES SYSTEMS READINESS.... 307,244 307,244
100 BASE OPERATIONS SUPPORT.......... 393,165 393,165
110 FACILITIES SUSTAINMENT, 250,000 250,000
RESTORATION & MODERNIZATION.....
140 ADDITIONAL ACTIVITIES............ 12,524,137 12,514,137
Task Force for Stability [-10,000]
Operations: Operations/
Sustainment Request..........
150 COMMANDERS EMERGENCY RESPONSE 400,000 200,000
PROGRAM.........................
Historical underexecution.... [-200,000]
160 RESET............................ 3,687,973 3,687,973
SUBTOTAL OPERATING FORCES.... 23,107,822 22,897,822
ADMIN & SRVWIDE ACTIVITIES
350 SERVICEWIDE TRANSPORTATION....... 3,238,310 3,238,310
360 CENTRAL SUPPLY ACTIVITIES........ 129,000 129,000
380 AMMUNITION MANAGEMENT............ 78,022 78,022
420 OTHER PERSONNEL SUPPORT.......... 137,277 97,277
Transfer to OPA OCO Line 061 [-40,000]
at SOUTHCOM request..........
430 OTHER SERVICE SUPPORT............ 72,293 72,293
490 CLASSIFIED PROGRAMS.............. 1,828,717 1,828,717
SUBTOTAL ADMIN & SRVWIDE 5,483,619 5,443,619
ACTIVITIES...................
TOTAL OPERATION & 28,591,441 28,341,441
MAINTENANCE, ARMY...........
OPERATION & MAINTENANCE, NAVY
OPERATING FORCES
010 MISSION AND OTHER FLIGHT 937,098 937,098
OPERATIONS......................
030 AVIATION TECHNICAL DATA & 1,000 1,000
ENGINEERING SERVICES............
[[Page 126 STAT. 2284]]
040 AIR OPERATIONS AND SAFETY SUPPORT 15,794 15,794
050 AIR SYSTEMS SUPPORT.............. 19,013 19,013
060 AIRCRAFT DEPOT MAINTENANCE....... 201,912 201,912
070 AIRCRAFT DEPOT OPERATIONS SUPPORT 3,000 3,000
080 AVIATION LOGISTICS............... 44,150 44,150
090 MISSION AND OTHER SHIP OPERATIONS 463,738 463,738
100 SHIP OPERATIONS SUPPORT & 24,774 24,774
TRAINING........................
110 SHIP DEPOT MAINTENANCE........... 1,310,010 1,310,010
130 COMBAT COMMUNICATIONS............ 42,965 42,965
160 WARFARE TACTICS.................. 25,970 25,970
170 OPERATIONAL METEOROLOGY AND 19,226 19,226
OCEANOGRAPHY....................
180 COMBAT SUPPORT FORCES............ 1,668,359 1,668,359
190 EQUIPMENT MAINTENANCE............ 7,954 7,954
250 IN-SERVICE WEAPONS SYSTEMS 94,655 94,655
SUPPORT.........................
260 WEAPONS MAINTENANCE.............. 303,087 303,087
290 SUSTAINMENT, RESTORATION AND 3,218 3,218
MODERNIZATION...................
300 BASE OPERATING SUPPORT........... 143,442 143,442
SUBTOTAL OPERATING FORCES.... 5,329,365 5,329,365
MOBILIZATION
340 EXPEDITIONARY HEALTH SERVICES 31,395 31,395
SYSTEMS.........................
360 COAST GUARD SUPPORT.............. 254,461 254,461
SUBTOTAL MOBILIZATION........ 285,856 285,856
TRAINING AND RECRUITING
400 SPECIALIZED SKILL TRAINING....... 50,903 50,903
SUBTOTAL TRAINING AND 50,903 50,903
RECRUITING...................
ADMIN & SRVWD ACTIVITIES
480 ADMINISTRATION................... 1,377 1,377
490 EXTERNAL RELATIONS............... 487 487
510 MILITARY MANPOWER AND PERSONNEL 6,022 6,022
MANAGEMENT......................
520 OTHER PERSONNEL SUPPORT.......... 3,514 3,514
550 SERVICEWIDE TRANSPORTATION....... 184,864 184,864
580 ACQUISITION AND PROGRAM 2,026 2,026
MANAGEMENT......................
620 NAVAL INVESTIGATIVE SERVICE...... 1,425 1,425
710 CLASSIFIED PROGRAMS.............. 14,556 14,556
SUBTOTAL ADMIN & SRVWD 214,271 214,271
ACTIVITIES...................
TOTAL OPERATION & 5,880,395 5,880,395
MAINTENANCE, NAVY...........
OPERATION & MAINTENANCE, MARINE
CORPS
OPERATING FORCES
010 OPERATIONAL FORCES............... 1,921,258 1,921,258
020 FIELD LOGISTICS.................. 1,094,028 1,094,028
030 DEPOT MAINTENANCE................ 222,824 222,824
060 BASE OPERATING SUPPORT........... 88,690 88,690
SUBTOTAL OPERATING FORCES.... 3,326,800 3,326,800
TRAINING AND RECRUITING
110 TRAINING SUPPORT................. 215,212 215,212
SUBTOTAL TRAINING AND 215,212 215,212
RECRUITING...................
ADMIN & SRVWD ACTIVITIES
150 SERVICEWIDE TRANSPORTATION....... 512,627 512,627
190 CLASSIFIED PROGRAMS.............. 11,701 11,701
[[Page 126 STAT. 2285]]
SUBTOTAL ADMIN & SRVWD 524,328 524,328
ACTIVITIES...................
TOTAL OPERATION & 4,066,340 4,066,340
MAINTENANCE, MARINE CORPS...
OPERATION & MAINTENANCE, AIR
FORCE
OPERATING FORCES
010 PRIMARY COMBAT FORCES............ 1,494,144 1,494,144
020 COMBAT ENHANCEMENT FORCES........ 809,531 809,531
030 AIR OPERATIONS TRAINING (OJT, 13,095 13,095
MAINTAIN SKILLS)................
040 DEPOT MAINTENANCE................ 1,403,238 1,403,238
050 FACILITIES SUSTAINMENT, 155,954 155,954
RESTORATION & MODERNIZATION.....
060 BASE SUPPORT..................... 342,226 342,226
070 GLOBAL C3I AND EARLY WARNING..... 15,108 15,108
080 OTHER COMBAT OPS SPT PROGRAMS.... 271,390 271,390
100 TACTICAL INTEL AND OTHER SPECIAL 25,400 25,400
ACTIVITIES......................
120 SPACE CONTROL SYSTEMS............ 5,110 5,110
130 COMBATANT COMMANDERS DIRECT 52,173 52,173
MISSION SUPPORT.................
SUBTOTAL OPERATING FORCES.... 4,587,369 4,587,369
MOBILIZATION
150 AIRLIFT OPERATIONS............... 3,187,211 3,187,211
160 MOBILIZATION PREPAREDNESS........ 43,509 43,509
170 DEPOT MAINTENANCE................ 554,943 554,943
180 FACILITIES SUSTAINMENT, 4,431 4,431
RESTORATION & MODERNIZATION.....
190 BASE SUPPORT..................... 9,256 9,256
SUBTOTAL MOBILIZATION........ 3,799,350 3,799,350
TRAINING AND RECRUITING
230 FACILITIES SUSTAINMENT, 424 424
RESTORATION & MODERNIZATION.....
240 BASE SUPPORT..................... 1,036 1,036
250 SPECIALIZED SKILL TRAINING....... 10,923 10,923
260 FLIGHT TRAINING.................. 72 72
270 PROFESSIONAL DEVELOPMENT 323 323
EDUCATION.......................
280 TRAINING SUPPORT................. 352 352
SUBTOTAL TRAINING AND 13,130 13,130
RECRUITING...................
ADMIN & SRVWD ACTIVITIES
360 LOGISTICS OPERATIONS............. 100,429 100,429
390 FACILITIES SUSTAINMENT, 47,200 47,200
RESTORATION & MODERNIZATION.....
400 BASE SUPPORT..................... 7,242 7,242
410 ADMINISTRATION................... 1,552 1,552
420 SERVICEWIDE COMMUNICATIONS....... 82,094 82,094
430 OTHER SERVICEWIDE ACTIVITIES..... 582,977 582,977
480 CLASSIFIED PROGRAMS.............. 20,270 20,270
SUBTOTAL ADMIN & SRVWD 841,764 841,764
ACTIVITIES...................
TOTAL OPERATION & 9,241,613 9,241,613
MAINTENANCE, AIR FORCE......
OPERATION & MAINTENANCE, DEFENSE-
WIDE
OPERATING FORCES
010 JOINT CHIEFS OF STAFF............ 2,000 2,000
[[Page 126 STAT. 2286]]
020 SPECIAL OPERATIONS COMMAND....... 2,503,060 2,503,060
SUBTOTAL OPERATING FORCES.... 2,505,060 2,505,060
ADMIN & SRVWD ACTIVITIES
080 DEFENSE CONTRACT AUDIT AGENCY.... 30,674 30,674
090 DEFENSE CONTRACT MANAGEMENT 69,803 69,803
AGENCY..........................
110 DEFENSE HUMAN RESOURCES ACTIVITY. 3,334 3,334
120 DEFENSE INFORMATION SYSTEMS 152,925 152,925
AGENCY..........................
140 DEFENSE LEGAL SERVICES AGENCY.... 102,322 102,322
160 DEFENSE MEDIA ACTIVITY........... 10,823 10,823
180 DEFENSE SECURITY COOPERATION 2,200,000 2,100,000
AGENCY..........................
Program Decrease--Coalition [-100,000]
Support Funds................
220 DEPARTMENT OF DEFENSE EDUCATION 139,830 139,830
ACTIVITY........................
260 OFFICE OF THE SECRETARY OF 87,805 87,805
DEFENSE.........................
280 CLASSIFIED PROGRAMS.............. 2,522,003 2,522,003
SUBTOTAL ADMIN & SRVWD 5,319,519 5,219,519
ACTIVITIES...................
TOTAL OPERATION & 7,824,579 7,724,579
MAINTENANCE, DEFENSE-WIDE...
OPERATION & MAINTENANCE, ARMY RES
OPERATING FORCES
030 ECHELONS ABOVE BRIGADE........... 78,600 78,600
050 LAND FORCES OPERATIONS SUPPORT... 20,811 20,811
070 FORCE READINESS OPERATIONS 20,726 20,726
SUPPORT.........................
100 BASE OPERATIONS SUPPORT.......... 34,400 34,400
SUBTOTAL OPERATING FORCES.... 154,537 154,537
TOTAL OPERATION & 154,537 154,537
MAINTENANCE, ARMY RES.......
OPERATION & MAINTENANCE, NAVY RES
OPERATING FORCES
010 MISSION AND OTHER FLIGHT 24,834 24,834
OPERATIONS......................
020 INTERMEDIATE MAINTENANCE......... 300 300
040 AIRCRAFT DEPOT MAINTENANCE....... 13,364 13,364
060 MISSION AND OTHER SHIP OPERATIONS 8,213 8,213
080 SHIP DEPOT MAINTENANCE........... 929 929
100 COMBAT SUPPORT FORCES............ 8,244 8,244
140 BASE OPERATING SUPPORT........... 40 40
SUBTOTAL OPERATING FORCES.... 55,924 55,924
TOTAL OPERATION & 55,924 55,924
MAINTENANCE, NAVY RES.......
OPERATION & MAINTENANCE, MC
RESERVE
OPERATING FORCES
010 OPERATING FORCES................. 22,657 22,657
040 BASE OPERATING SUPPORT........... 2,820 2,820
SUBTOTAL OPERATING FORCES.... 25,477 25,477
TOTAL OPERATION & 25,477 25,477
MAINTENANCE, MC RESERVE.....
OPERATION & MAINTENANCE, AF
RESERVE
OPERATING FORCES
010 PRIMARY COMBAT FORCES............ 7,600 7,600
030 DEPOT MAINTENANCE................ 106,768 106,768
050 BASE SUPPORT..................... 6,250 6,250
[[Page 126 STAT. 2287]]
SUBTOTAL OPERATING FORCES.... 120,618 120,618
TOTAL OPERATION & 120,618 120,618
MAINTENANCE, AF RESERVE.....
OPERATION & MAINTENANCE, ARNG
OPERATING FORCES
010 MANEUVER UNITS................... 38,485 38,485
020 MODULAR SUPPORT BRIGADES......... 1,959 1,959
030 ECHELONS ABOVE BRIGADE........... 20,076 20,076
040 THEATER LEVEL ASSETS............. 2,028 2,028
060 AVIATION ASSETS.................. 183,811 183,811
070 FORCE READINESS OPERATIONS 43,780 43,780
SUPPORT.........................
100 BASE OPERATIONS SUPPORT.......... 70,237 70,237
120 MANAGEMENT AND OPERATIONAL HQ'S.. 20,072 20,072
SUBTOTAL OPERATING FORCES.... 380,448 380,448
ADMIN & SRVWD ACTIVITIES
160 SERVICEWIDE COMMUNICATIONS....... 2,000 2,000
SUBTOTAL ADMIN & SRVWD 2,000 2,000
ACTIVITIES...................
TOTAL OPERATION & 382,448 382,448
MAINTENANCE, ARNG...........
OPERATION & MAINTENANCE, ANG
OPERATING FORCES
020 MISSION SUPPORT OPERATIONS....... 19,975 19,975
SUBTOTAL OPERATING FORCES.... 19,975 19,975
TOTAL OPERATION & 19,975 19,975
MAINTENANCE, ANG............
AFGHANISTAN SECURITY FORCES FUND
MINISTRY OF DEFENSE
010 SUSTAINMENT...................... 2,523,825 2,523,825
020 INFRASTRUCTURE................... 190,000 190,000
030 EQUIPMENT AND TRANSPORTATION..... 241,521 241,521
040 TRAINING AND OPERATIONS.......... 758,380 758,380
SUBTOTAL MINISTRY OF DEFENSE. 3,713,726 3,713,726
MINISTRY OF INTERIOR
050 SUSTAINMENT...................... 1,305,950 1,305,950
060 INFRASTRUCTURE................... 50,000 50,000
070 EQUIPMENT AND TRANSPORTATION..... 84,859 84,859
080 TRAINING AND OPERATIONS.......... 569,868 569,868
SUBTOTAL MINISTRY OF INTERIOR 2,010,677 2,010,677
RELATED ACTIVITIES
090 SUSTAINMENT...................... 18,325 18,325
100 INFRASTRUCTUE.................... 1,200 1,200
110 EQUIPMENT & TRANSPORTATION....... 1,239 1,239
120 TRAINING AND OPERATIONS.......... 4,000 4,000
SUBTOTAL RELATED ACTIVITIES.. 24,764 24,764
TOTAL AFGHANISTAN SECURITY 5,749,167 5,749,167
FORCES FUND.................
AFGHANISTAN INFRASTRUCTURE FUND
AFGHANISTAN INFRASTRUCTURE FUND
010 POWER............................ 400,000 350,000
[[Page 126 STAT. 2288]]
Program Decrease............. [-50,000]
SUBTOTAL AFGHANISTAN 400,000 350,000
INFRASTRUCTURE FUND..........
TOTAL AFGHANISTAN 400,000 350,000
INFRASTRUCTURE FUND.........
TOTAL OPERATION & 62,512,514 62,112,514
MAINTENANCE.................
------------------------------------------------------------------------
TITLE XLIV--MILITARY PERSONNEL
SEC. 4401. MILITARY PERSONNEL.
------------------------------------------------------------------------
SEC. 4401. MILITARY PERSONNEL (In Thousands of Dollars)
-------------------------------------------------------------------------
FY 2013 Conference
Item Request Authorized
------------------------------------------------------------------------
MILITARY PERSONNEL.................... 135,111,799 135,777,368
USMC military personnel in lieu [129,729]
of LAV funding...................
Retain Global Hawk............... [22,000]
Restore accrual payments to the [672,000]
Medicare eligible health care
trust fund.......................
Unobligated balances............. [-295,250]
Basic allowance for housing for [6,000]
members of the National Guard
(Section 603)....................
Retain 128 Air National Guard [8,300]
AGRs for two air sovereignty
alert locations..................
Retain Air National Guard Force [86,600]
Structure........................
Retain Air Force Reserve Force [17,100]
Structure........................
------------------------------------------------------------------------
SEC. 4402. MILITARY PERSONNEL FOR OVERSEAS CONTINGENCY OPERATIONS.
------------------------------------------------------------------------
SEC. 4402. MILITARY PERSONNEL FOR OVERSEAS CONTINGENCY OPERATIONS (In
Thousands of Dollars)
-------------------------------------------------------------------------
FY 2013 Conference
Item Request Authorized
------------------------------------------------------------------------
MILITARY PERSONNEL.................... 14,060,094 14,055,094
Navy identified excess to [-5,000]
requirement......................
------------------------------------------------------------------------
TITLE XLV--OTHER AUTHORIZATIONS
SEC. 4501. OTHER AUTHORIZATIONS.
------------------------------------------------------------------------
SEC. 4501. OTHER AUTHORIZATIONS (In Thousands of Dollars)
-------------------------------------------------------------------------
FY 2013 Conference
Program Title Request Authorized
------------------------------------------------------------------------
WORKING CAPITAL FUND, ARMY
PREPOSITIONED WAR RESERVE STOCKS...... 60,037 60,037
TOTAL WORKING CAPITAL FUND, ARMY... 60,037 60,037
WORKING CAPITAL FUND, AIR FORCE
CONTAINER DECONSOLIDATION
[[Page 126 STAT. 2289]]
SUPPLIES AND MATERIALS (MEDICAL/ 45,452 45,452
DENTAL)..............................
TOTAL WORKING CAPITAL FUND, AIR 45,452 45,452
FORCE..............................
WORKING CAPITAL FUND, DEFENSE-WIDE
DEFENSE LOGISTICS AGENCY (DLA)........ 39,135 39,135
TOTAL WORKING CAPITAL FUND, DEFENSE- 39,135 39,135
WIDE...............................
WORKING CAPITAL FUND, DECA
WORKING CAPITAL FUND, DECA............ 1,371,560 1,371,560
TOTAL WORKING CAPITAL FUND, DECA... 1,371,560 1,371,560
NATIONAL DEFENSE SEALIFT FUND
T-AKE
MPF MLP............................... 38,000 38,000
POST DELIVERY AND OUTFITTING.......... 39,386 39,386
NATIONAL DEF SEALIFT VESSEL
LG MED SPD RO/RO MAINTENANCE.......... 128,819 128,819
DOD MOBILIZATION ALTERATIONS.......... 26,598 26,598
TAH MAINTENANCE....................... 29,199 29,199
RESEARCH AND DEVELOPMENT.............. 42,811 42,811
READY RESERVE FORCE................... 303,323 303,323
TOTAL NATIONAL DEFENSE SEALIFT FUND 608,136 608,136
DEFENSE HEALTH PROGRAM
IN-HOUSE CARE......................... 8,625,507 8,625,507
PRIVATE SECTOR CARE................... 16,148,263 15,788,263
Pilot program for treatment of [40,000]
Autism...........................
TRICARE historical underexecution [-400,000]
CONSOLIDATED HEALTH SUPPORT........... 2,309,185 2,309,185
INFORMATION MANAGEMENT................ 1,465,328 1,465,328
MANAGEMENT ACTIVITIES................. 332,121 332,121
EDUCATION AND TRAINING................ 722,081 722,081
BASE OPERATIONS/COMMUNICATIONS........ 1,746,794 1,746,794
UNDISTRIBUTED, OPERATION & MAINTENANCE 452,000
Restore estimated savings in [273,000]
TRICARE Prime and Standard
enrollment fees and deductables
for TRICARE Standard.............
Restore pharmacy co-pay estimated [179,000]
savings..........................
RDT&E................................. 672,977 672,977
PROCUREMENT........................... 506,462 506,462
TOTAL DEFENSE HEALTH PROGRAM....... 32,528,718 32,620,718
CHEM AGENTS & MUNITIONS DESTRUCTION
OPERATION & MAINTENANCE............... 635,843 635,843
RDT&E................................. 647,351 647,351
PROCUREMENT........................... 18,592 18,592
TOTAL CHEM AGENTS & MUNITIONS 1,301,786 1,301,786
DESTRUCTION........................
DRUG INTERDICTION & CTR-DRUG
ACTIVITIES, DEF
DRUG INTERDICTION AND COUNTER-DRUG 889,545 889,545
ACTIVITIES, DEFENSE..................
DRUG DEMAND REDUCTION PROGRAM......... 109,818 135,718
Authorization increase expanded [25,900]
drug testing.....................
TOTAL DRUG INTERDICTION & CTR-DRUG 999,363 1,025,263
ACTIVITIES, DEF....................
OFFICE OF THE INSPECTOR GENERAL
[[Page 126 STAT. 2290]]
OPERATION & MAINTENANCE............... 272,821 331,921
DoD IG growth plan............... [59,100]
RDT&E
PROCUREMENT........................... 1,000 1,000
TOTAL OFFICE OF THE INSPECTOR 273,821 332,921
GENERAL............................
TOTAL OTHER AUTHORIZATIONS......... 37,228,008 37,405,008
------------------------------------------------------------------------
SEC. 4502. OTHER AUTHORIZATIONS FOR OVERSEAS CONTINGENCY
OPERATIONS.
------------------------------------------------------------------------
SEC. 4502. OTHER AUTHORIZATIONS FOR OVERSEAS CONTINGENCY OPERATIONS (In
Thousands of Dollars)
-------------------------------------------------------------------------
FY 2013 Conference
Program Title Request Authorized
------------------------------------------------------------------------
WORKING CAPITAL FUND, ARMY
PREPOSITIONED WAR RESERVE STOCKS............ 42,600 42,600
TOTAL WORKING CAPITAL FUND, ARMY......... 42,600 42,600
WORKING CAPITAL FUND, AIR FORCE
C-17 CLS ENGINE REPAIR...................... 230,400 230,400
TRANSPORTATION FALLEN HEROES................ 10,000 10,000
TOTAL WORKING CAPITAL FUND, AIR FORCE.... 240,400 240,400
WORKING CAPITAL FUND, DEFENSE-WIDE
DEFENSE LOGISTICS AGENCY (DLA).............. 220,364 220,364
TOTAL WORKING CAPITAL FUND, DEFENSE-WIDE. 220,364 220,364
DEFENSE HEALTH PROGRAM
IN-HOUSE CARE............................... 483,326 483,326
PRIVATE SECTOR CARE......................... 376,982 376,982
CONSOLIDATED HEALTH SUPPORT................. 111,675 111,675
INFORMATION MANAGEMENT...................... 4,773 4,773
MANAGEMENT ACTIVITIES....................... 660 660
EDUCATION AND TRAINING...................... 15,370 15,370
BASE OPERATIONS/COMMUNICATIONS.............. 1,112 1,112
TOTAL DEFENSE HEALTH PROGRAM............. 993,898 993,898
DRUG INTERDICTION & CTR-DRUG ACTIVITIES, DEF
DRUG INTERDICTION AND COUNTER-DRUG 469,025 469,025
ACTIVITIES, DEFENSE........................
TOTAL DRUG INTERDICTION & CTR-DRUG 469,025 469,025
ACTIVITIES, DEF..........................
OFFICE OF THE INSPECTOR GENERAL
OPERATION & MAINTENANCE..................... 10,766 10,766
TOTAL OFFICE OF THE INSPECTOR GENERAL.... 10,766 10,766
TOTAL OTHER AUTHORIZATIONS............... 1,977,053 1,977,053
------------------------------------------------------------------------
[[Page 126 STAT. 2291]]
TITLE XLVI--MILITARY CONSTRUCTION
SEC. 4601. MILITARY CONSTRUCTION.
----------------------------------------------------------------------------------------------------------------
SEC. 4601. MILITARY CONSTRUCTION (In Thousands of Dollars)
-----------------------------------------------------------------------------------------------------------------
State/Country and FY 2013 Conference
Account Installation Project Title Request Authorized
----------------------------------------------------------------------------------------------------------------
Alaska
Army Fort Wainwright Modified Record Fire Range. 10,400 10,400
Army Joint Base Elmendorf- Modified Record Fire Range. 7,900 7,900
Richardson
California
Army Concord Engineering/Housing 3,100 3,100
Maintenance Shop.
Army Concord Lightning Protection System 5,800 5,800
Colorado
Army Fort Carson Central Energy Plant....... 0 0
Army Fort Carson Digital Multipurpose 18,000 18,000
Training Range.
District of Columbia
Army Fort Mcnair Vehicle Storage Building, 7,200 7,200
Installation.
Georgia
Army Fort Benning Ground Source Heat Transfer 16,000 16,000
System.
Army Fort Gordon Ground Source Heat Transfer 12,200 12,200
System.
Army Fort Gordon Modified Record Fire Range. 4,000 4,000
Army Fort Gordon Multipurpose Machine Gun 7,100 7,100
Range.
Army Fort Stewart Automated Combat Pistol 3,650 3,650
Qual Crse.
Army Fort Stewart Digital Multipurpose 22,000 22,000
Training Range.
Army Fort Stewart Unmanned Aerial Vehicle 24,000 24,000
Complex.
Hawaii
Army Pohakuloa Training Automated Infantry Platoon 29,000 29,000
Area Battle Course.
Army Schofield Barracks Barracks................... 55,000 55,000
Army Schofield Barracks Barracks................... 41,000 41,000
Army Wheeler Army Air Field Combat Aviation Brigade 85,000 85,000
Barracks.
Italy
Army Camp Ederle Barracks................... 36,000 36,000
Army Vicenza Simulations Center......... 32,000 32,000
Japan
Army Okinawa Satellite Communications 78,000 78,000
Facility.
Army Sagami Vehicle Maintenance Shop... 18,000 18,000
Kansas
Army Fort Riley Unmanned Aerial Vehicle 12,200 12,200
Complex.
Kentucky
Army Fort Campbell Battalion Headquarters 55,000 55,000
Complex.
Army Fort Campbell Live Fire Exercise 3,800 3,800
Shoothouse.
Army Fort Campbell Unmanned Aerial Vehicle 23,000 23,000
Complex.
Army Fort Knox Automated Infantry Squad 6,000 6,000
Battle Course.
Korea
Army Camp Humphreys Battalion Headquarters 45,000 45,000
Complex.
Kwajalein Atoll
Army Kwajalein Atoll Pier....................... 0 0
Missouri
Army Fort Leonard Wood Battalion Complex 26,000 26,000
Facilities.
Army Fort Leonard Wood Trainee Barracks Complex 3, 58,000 58,000
Ph 2.
Army Fort Leonard Wood Vehicle Maintenance Shop... 39,000 39,000
New Jersey
Army Joint Base Mcguire-Dix- Flight Equipment Complex... 47,000 47,000
Lakehurst
Army Picatinny Arsenal Ballistic Evaluation Center 10,200 10,200
New York
Army Fort Drum, New York Aircraft Maintenance Hangar 95,000 95,000
[[Page 126 STAT. 2292]]
Army U.S. Military Academy Cadet Barracks, Inc 1...... 192,000 86,000
North Carolina
Army Fort Bragg Aerial Gunnery Range....... 42,000 42,000
Army Fort Bragg Infrastructure............. 30,000 0
Army Fort Bragg Unmanned Aerial Vehicle 26,000 26,000
Complex.
Oklahoma
Army Fort Sill Modified Record Fire Range. 4,900 4,900
South Carolina
Army Fort Jackson Trainee Barracks Complex 2, 24,000 24,000
Ph 2.
Texas
Army Corpus Christi Aircraft Component 13,200 13,200
Maintenance Shop.
Army Corpus Christi Aircraft Paint Shop........ 24,000 24,000
Army Fort Bliss Multipurpose Machine Gun 7,200 7,200
Range.
Army Fort Hood Modified Record Fire Range. 4,200 4,200
Army Fort Hood Training Aids Center....... 25,000 25,000
Army Fort Hood Unmanned Aerial Vehicle 22,000 22,000
Complex.
Army Joint Base San Antonio Barracks................... 21,000 21,000
Virginia
Army Arlington Cemetery Expansion 84,000 0
Millennium Site.
Army Fort Belvoir Secure Admin/Operations 94,000 94,000
Facility.
Army Fort Lee Adv Individual Training 81,000 81,000
Barracks Cplx, Ph2.
Washington
Army Joint Base Lewis- Battalion Complex.......... 73,000 73,000
Mcchord
Army Joint Base Lewis- Waste Water Treatment Plant 91,000 91,000
Mcchord
Army Yakima Convoy Live Fire Range..... 5,100 5,100
Worldwide Unspecified
Army Unspecified Worldwide Host Nation Support Fy 13.. 34,000 34,000
Locations
Army Unspecified Worldwide Minor Construction Fy 13... 25,000 25,000
Locations
Army Unspecified Worldwide Planning and Design Fy13... 65,173 46,173
Locations
........................
Total Military Construction, Army 1,923,323 1,684,323
......................
Arizona
Navy Yuma Combat Aircraft Loading 15,985 15,985
Apron.
Navy Yuma Security Operations Complex 13,300 13,300
Bahrain Island
Navy Sw Asia Combined Dining Facility... 9,819 9,819
Navy Sw Asia Transient Quarters......... 41,529 41,529
California
Navy Camp Pendleton Comm. Information Systems 78,897 78,897
Ops Complex.
Navy Camp Pendleton Mv22 Aviation Simulator 4,139 4,139
Building.
Navy Camp Pendleton San Jacinto Road Extension. 5,074 5,074
Navy Coronado Bachelor Quarters.......... 76,063 76,063
Navy Coronado H-60s Simulator Training 2,478 2,478
Facility.
Navy Lemoore Bams Maintenance Training 14,843 0
Facility.
Navy Miramar Hangar 5 Renovations & 27,897 27,897
Addition.
Navy Point Mugu Bams Maintenance Training 0 12,790
Facility.
Navy San Diego Entry Control Point (Gate 11,752 11,752
Five).
Navy San Diego Lcs Training Facility...... 59,436 59,436
Navy Seal Beach Strategic Systems Weapons 30,594 30,594
Eval. Test Lab.
Navy Twentynine Palms Land Expansion Phase 2..... 47,270 47,270
Diego Garcia
[[Page 126 STAT. 2293]]
Navy Diego Garcia Communications 1,691 1,691
Infrastructure.
Djibouti
Navy Camp Lemonnier Containerized Living and 7,510 0
Work Units.
Navy Camp Lemonnier Fitness Center............. 26,960 0
Navy Camp Lemonnier Galley Addition and 22,220 0
Warehouse.
Navy Camp Lemonnier Joint HQ/Joint Operations 42,730 0
Center Facility.
Florida
Navy Jacksonville Bams Mission Control 21,980 21,980
Complex.
Greece
Navy Souda Bay Aircraft Parking Apron 20,493 20,493
Expansion.
Navy Souda Bay Intermodal Access Road..... 4,630 4,630
Guam
Navy Joint Region Marianas North Ramp Parking 25,904 25,904
(Andersen AFB)--Inc 2.
Hawaii
Navy Kaneohe Bay Aircraft Staging Area...... 14,680 14,680
Navy Kaneohe Bay Mv-22 Hangar and 82,630 82,630
Infrastructure.
Japan
Navy Iwakuni Maintenance Hangar 5,722 5,722
Improvements.
Navy Iwakuni Vertical Take-Off and 7,416 7,416
Landing Pad North.
Navy Okinawa Bachelor Quarters.......... 8,206 8,206
Mississippi
Navy Meridian Dining Facility............ 10,926 10,926
New Jersey
Navy Earle Combat System Engineering 33,498 32,670
Building Addition.
North Carolina
Navy Camp Lejeune Base Access and Road--Phase 40,904 40,904
3.
Navy Camp Lejeune Staff Nco Academy 28,986 28,986
Facilities.
Navy Cherry Point Marine Armory..................... 11,581 11,581
Corps Air Station
Navy Cherry Point Marine Marine Air Support Squadron 34,310 34,310
Corps Air Station Compound.
Navy New River Personnel Administration 8,525 8,525
Center.
Romania
Navy Deveselu, Romania Aegis Ashore Missile 45,205 45,205
Defense Complex.
South Carolina
Navy Beaufort Aircraft Maintenance Hangar 42,010 42,010
Navy Beaufort Airfield Security Upgrades. 13,675 13,675
Navy Beaufort Ground Support Equipment 9,465 9,465
Shop.
Navy Beaufort Recycling/Hazardous Waste 3,743 3,743
Facility.
Navy Beaufort Simulated Lhd Flight Deck.. 12,887 12,887
Navy Parris Island Front Gate Atfp 10,135 10,135
Improvements.
Spain
Navy Rota General Purpose Warehouse.. 3,378 3,378
Navy Rota High Explosive Magazine.... 13,837 13,837
Virginia
Navy Dahlgren Cruiser/Destroyer Upgrade 16,494 16,494
Training Facility.
Navy Dahlgren Physical Fitness Center.... 11,734 11,734
Navy Oceana Naval Air A School Barracks......... 39,086 39,086
Station
Navy Portsmouth Drydock 8 Electrical 32,706 32,706
Distribution Upgrade.
Navy Quantico Infrastruture--Widen 14,826 14,826
Russell Road.
Navy Quantico The Basic School Student 31,012 31,012
Quarters--Phase 7.
Navy Quantico Weapons Training Battalion 12,876 12,876
Mess Hall.
Navy Yorktown Armory..................... 4,259 4,259
Navy Yorktown Bachelor Enlisted Quarters. 18,422 18,422
Navy Yorktown Motor Transportation 6,188 6,188
Facility.
Navy Yorktown Regimental Headquarters.... 11,015 11,015
[[Page 126 STAT. 2294]]
Navy Yorktown Supply Warehouse Facility.. 8,939 8,939
Washington
Navy Kitsap Explosives Handling Wharf 280,041 254,241
#2 (Inc).
Navy Whidbey Island Ea-18g Flight Simulator 6,272 6,272
Facility.
Worldwide Unspecified
Navy Unspecified Worldwide Mcon Design Funds.......... 102,619 102,619
Locations
Navy Unspecified Worldwide Unspecified Minor 16,535 16,535
Locations Construction.
Navy Various Worldwide Bams Operational Facilities 34,048 34,048
Locations
........................
Total Military Construction, Navy 1,701,985 1,573,884
......................
Arkansas
AF Little Rock AFB C-130J Flight Simulator 4,178 4,178
Addition.
AF Little Rock AFB C-130J Fuel Systems 26,000 26,000
Maintenance Hangar.
Florida
AF Tyndall AFB F-22 Adal Hangar for Low 14,750 14,750
Observable/Composite.
Georgia
AF Fort Stewart, Georgia Air Support Operations 7,250 7,250
Center (ASOC).
AF Moody AFB HC-130J Simulator Facility. 8,500 8,500
Greenland
AF Thule Ab Consolidated Engineer Shop 0 0
and Supply Facility.
AF Thule Ab Dormitory (48 Pn).......... 24,500 24,500
Guam
AF Andersen AFB Fuel Systems Hangar........ 0 0
Italy
AF Aviano Ab F-16 Mission Training 9,400 9,400
Center.
Nebraska
AF Offutt AFB US STRATCOM Replacement 161,000 128,000
Facility, Incr 2.
New Mexico
AF Holloman AFB Mq-9 Maintenance Hangar.... 25,000 25,000
North Dakota
AF Minot AFB B-52 Add/Alter Munitions 4,600 4,600
Age Facility.
Texas
AF Joint Base San Antonio Dormitory (144 Rm)......... 18,000 18,000
Utah
AF Hill AFB F-35 Adal Building 118 for 4,000 4,000
Flight Simulator.
AF Hill AFB F-35 Adal Hangar 45w/AMU... 7,250 7,250
AF Hill AFB F-35 Modular Storage 2,280 2,280
Magazines.
Worldwide Unspecified
AF Lajes AFB Sanitary Sewer Lift/Pump 2,000 2,000
Station.
AF Rota Transient Aircraft Hangars. 15,032 0
AF Rota Transient Contingency 17,625 0
Dormitory--100 Rm.
AF Unspecified Worldwide Planning and Design........ 18,635 18,635
Locations
AF Various Worldwide Unspecified Minor 18,200 18,200
Locations Construction.
........................
Total Military Construction, Air Force 388,200 322,543
......................
Arizona
Def-Wide Marana SOF Parachute Training 6,477 6,477
Facility.
[[Page 126 STAT. 2295]]
Def-Wide Yuma Truck Unload Facility...... 1,300 1,300
Belgium
Def-Wide Brussels NATO Headquarters Facility. 26,969 26,969
California
Def-Wide Coronado SOF Close Quarters Combat/ 13,969 13,969
Dynamic Shoot Fac.
Def-Wide Coronado SOF Indoor Dynamic Shooting 31,170 31,170
Facility.
Def-Wide Coronado SOF Mobile Comm Detachment 10,120 10,120
Support Facility.
Def-Wide Def Fuel Support Replace Fuel Pier.......... 91,563 91,563
Point--San Diego
Def-Wide Edwards Air Force Base Replace Fuel Storage....... 27,500 27,500
Def-Wide Twentynine Palms, Medical Clinic Replacement. 27,400 27,400
California
Colorado
Def-Wide Buckley Air Force Base Denver Power House......... 30,000 30,000
Def-Wide Fort Carson, Colorado SOF Battalion Operations 56,673 56,673
Complex.
Def-Wide Pikes Peak High Altitude Medical 3,600 3,600
Research Lab.
Delaware
Def-Wide Dover AFB Replace Truck Off-Load 2,000 2,000
Facility.
Florida
Def-Wide Eglin AFB SOF Avfid Ops and 41,695 41,695
Maintenance Facilities.
Def-Wide Hurlburt Field Construct Fuel Storage 16,000 16,000
Facility.
Def-Wide Macdill AFB SOF Joint Special Ops 34,409 34,409
University Fac (Jsou).
Germany
Def-Wide Rhine Ordnance Medical Center Replacement 127,000 127,000
Barracks Incr 2.
Def-Wide Stuttgart-Patch DISA Europe Facility 2,413 2,413
Barracks Upgrades.
Def-Wide Vogelweh Replace Vogelweh Elementary 61,415 61,415
School.
Def-Wide Weisbaden Weisbaden High School 52,178 52,178
Addition.
Guam
Def-Wide Andersen AFB Upgrade Fuel Pipeline...... 67,500 67,500
Guantanamo Bay, Cuba
Def-Wide Guantanamo Bay Replace Fuel Pier.......... 37,600 37,600
Def-Wide Guantanamo Bay Replace Truck Load Facility 2,600 2,600
Hawaii
Def-Wide Joint Base Pearl SOF Sdvt-1 Waterfront 24,289 24,289
Harbor-Hickam Operations Facility.
Illinois
Def-Wide Great Lakes Drug Laboratory Replacement 28,700 28,700
Def-Wide Scott AFB DISA Facility Upgrades..... 84,111 84,111
Def-Wide Scott AFB Medical Logistics Warehouse 2,600 2,600
Indiana
Def-Wide Grissom ARB Replace Hydrant Fuel System 26,800 26,800
Japan
Def-Wide Camp Zama Renovate Zama High School.. 13,273 13,273
Def-Wide Kadena Ab Replace Elementary School.. 71,772 71,772
Def-Wide Kadena Ab Replace Stearley Heights 71,773 71,773
Elementary School.
Def-Wide Sasebo Replace Sasebo Elementary 35,733 35,733
School.
Def-Wide Zukeran Replace Zukeran Elementary 79,036 79,036
School.
Kentucky
Def-Wide Fort Campbell, Replace Barkley Elementary 41,767 41,767
Kentucky School.
Def-Wide Fort Campbell, SOF Ground Support 26,313 26,313
Kentucky Battalion.
Def-Wide Fort Campbell, SOF Landgraf Hangar 3,559 3,559
Kentucky Extension.
[[Page 126 STAT. 2296]]
Korea
Def-Wide Kunsan Air Base Medical/Dental Clinic 13,000 13,000
Addition.
Def-Wide Osan AFB Hospital Addition/ 34,600 34,600
Alteration.
Def-Wide Osan AFB Replace Osan Elementary 42,692 42,692
School.
Louisiana
Def-Wide Barksdale AFB Upgrade Pumphouse.......... 11,700 11,700
Maryland
Def-Wide Annapolis Health Clinic Replacement.. 66,500 66,500
Def-Wide Bethesda Naval Base Installation Access./ 7,000 7,000
Hospital Appearance Plan.
Def-Wide Bethesda Naval Electrical Capacity and 35,600 35,600
Hospital Cooling Towers.
Def-Wide Bethesda Naval Temporary Medical 26,600 26,600
Hospital Facilities.
Def-Wide Fort Detrick USAMRIID Stage I, Incr 7... 19,000 19,000
Def-Wide Fort Meade High Performance Computing 300,521 225,521
Center Inc 2.
Def-Wide Fort Meade NSAW Recapitalize Building 25,000 25,000
#1/Site M Inc 1.
Missouri
Def-Wide Fort Leonard Wood Dental Clinic.............. 18,100 18,100
New Mexico
Def-Wide Cannon AFB Medical/Dental Clinic 71,023 71,023
Repalcement.
Def-Wide Cannon AFB SOF Ac-130J Combat Parking 22,062 22,062
Apron.
New York
Def-Wide Fort Drum, New York Idt Complex................ 25,900 25,900
Def-Wide Fort Drum, New York Soldier Specialty Care 17,300 17,300
Clinic.
North Carolina
Def-Wide Camp Lejeune, North Medical Clinic Replacement. 21,200 21,200
Carolina
Def-Wide Camp Lejeune, North SOF Marine Battalion 53,399 53,399
Carolina Company/Team Facilities.
Def-Wide Camp Lejeune, North SOF Survival Evasion 5,465 5,465
Carolina Resist. Escape Tng Fac.
Def-Wide Fort Bragg SOF Battalion Operations 40,481 70,481
Facility.
Def-Wide Fort Bragg SOF Civil Affairs Battalion 31,373 31,373
Complex.
Def-Wide Fort Bragg SOF Support Addition....... 3,875 3,875
Def-Wide Fort Bragg SOF Sustainment Brigade 24,693 24,693
Complex.
Def-Wide Seymour Johnson AFB Medical Clinic Replacement. 53,600 53,600
Def-Wide Seymour Johnson AFB Replace Pipeline........... 1,850 1,850
Pennsylvania
Def-Wide Def Distribution Depot Replace Communications 6,800 6,800
New Cumberland Building.
Def-Wide Def Distribution Depot Replace Reservoir.......... 4,300 4,300
New Cumberland
Def-Wide Def Distribution Depot Replace Sewage Treatment 6,300 6,300
New Cumberland Plant.
Romania
Def-Wide Deveselu, Romania Aegis Ashore Missile 157,900 120,000
Defense System Complex
(Inc 1).
South Carolina
Def-Wide Shaw AFB Medical Clinic Replacement. 57,200 57,200
Texas
Def-Wide Fort Bliss Hospital Replacement Incr 4 207,400 132,400
Def-Wide Joint Base San Antonio Ambulatory Care Center 80,700 26,400
Phase 3 Incr.
Def-Wide Red River Army Depot Dfas Facility.............. 16,715 16,715
United Kingdom
[[Page 126 STAT. 2297]]
Def-Wide Menwith Hill Station Mhs Utilities and Roads.... 3,795 3,795
Def-Wide Menwith Hill Station Replace Menwith Hill 46,488 46,488
Elementary/High School.
Def-Wide Raf Feltwell Feltwell Elementary School 30,811 30,811
Addition.
Def-Wide Raf Mildenhall SOF CV-22 Simulator 6,490 6,490
Facility.
Utah
Def-Wide Camp Williams Ic Cnci Data Center 1 Inc 4 191,414 191,414
Virginia
Def-Wide Dam Neck SOF Magazines.............. 0 0
Def-Wide Joint Expeditionary SOF Combat Services Support 11,132 11,132
Base Little Creek-- Facility--East.
Story
Def-Wide Norfolk Veterinary Facility 8,500 8,500
Replacement.
Washington
Def-Wide Fort Lewis SOF Battalion Operations 46,553 46,553
Facility.
Def-Wide Fort Lewis SOF Military Working Dog 3,967 3,967
Kennel.
Worldwide Unspecified
Def-Wide Unspecified Worldwide Contingency Construction... 10,000 0
Locations
Def-Wide Unspecified Worldwide Energy Conservation 150,000 150,000
Locations Investment Program.
Def-Wide Unspecified Worldwide Exercise Related Minor 6,440 6,440
Locations Construction.
Def-Wide Unspecified Worldwide Minor Construction......... 5,000 5,000
Locations
Def-Wide Unspecified Worldwide Planning & Design.......... 5,000 5,000
Locations
Def-Wide Unspecified Worldwide Planning and Design........ 105,700 105,700
Locations
Def-Wide Unspecified Worldwide Planning and Design........ 47,978 47,978
Locations
Def-Wide Unspecified Worldwide Planning and Design........ 7,928 7,928
Locations
Def-Wide Unspecified Worldwide Planning and Design........ 105,569 105,569
Locations
Def-Wide Unspecified Worldwide Planning and Design........ 2,919 2,919
Locations
Def-Wide Unspecified Worldwide Planning and Design........ 8,300 8,300
Locations
Def-Wide Unspecified Worldwide Planning and Design........ 27,620 27,620
Locations
Def-Wide Unspecified Worldwide Planning and Design........ 4,548 4,548
Locations
Def-Wide Unspecified Worldwide SOF Operations and Skills 0 0
Locations Training Complex.
Def-Wide Unspecified Worldwide Unspecified Minor Const.... 10,000 10,000
Locations
[[Page 126 STAT. 2298]]
Def-Wide Unspecified Worldwide Unspecified Minor 3,000 3,000
Locations Construction.
Def-Wide Unspecified Worldwide Unspecified Minor 7,254 7,254
Locations Construction.
Def-Wide Unspecified Worldwide Unspecified Minor 4,091 4,091
Locations Construction.
Def-Wide Unspecified Worldwide Unspecified Minor Milcon... 3,000 3,000
Locations
........................
Total Military Construction, Defense-Wide 3,654,623 3,432,423
......................
Colorado
Chem Demil Pueblo Depot Ammunition Demilitarization 36,000 36,000
Facility, Ph Xiv.
Kentucky
Chem Demil Blue Grass Army Depot Ammunition Demilitarization 115,000 115,000
Ph Xiii.
........................
Total Chemical Demilitarization Construction, Defense 151,000 151,000
......................
Worldwide Unspecified
NATO NATO Security NATO Security Investment 254,163 254,163
Investment Program Program.
........................
Total NATO Security Investment Program 254,163 254,163
......................
Alabama
Army NG Fort MC Clellan Live Fire Shoot House...... 5,400 5,400
Arkansas
Army NG Searcy Field Maintenance Shop..... 6,800 6,800
California
Army NG Fort Irwin Maneuver Area Training & 25,000 25,000
Equipment Site Ph3.
Connecticut
Army NG Camp Hartell Combined Support 32,000 32,000
Maintenance Shop.
Delaware
Army NG Bethany Beach Regional Training Institute 5,500 5,500
Ph1.
Florida
Army NG Camp Blanding Combined Arms Collective 9,000 9,000
Training Fac.
Army NG Miramar Readiness Center........... 20,000 20,000
Guam
Army NG Barrigada JFHQ Ph4................... 8,500 8,500
Hawaii
Army NG Kapolei Army Aviation Support 28,000 28,000
Facility Ph1.
Idaho
Army NG Orchard Trainig Area Ortc(Barracks)Ph2.......... 40,000 40,000
Indiana
Army NG South Bend Armed Forces Reserve Center 21,000 21,000
Add/Alt.
Army NG Terre Haute Field Maintenance Shop..... 9,000 9,000
Iowa
Army NG Camp Dodge Urban Assault Course....... 3,000 3,000
Kansas
Army NG Topeka Taxiway, Ramp & Hangar 9,500 9,500
Alterations.
Kentucky
Army NG Frankfort Army Aviation Support 32,000 32,000
Facility.
Massachusetts
Army NG Camp Edwards Ground Water Extraction, 0 0
Treatment, and Recharge
System.
Army NG Camp Edwards Unit Training Equipment 22,000 22,000
Site.
Michigan
[[Page 126 STAT. 2299]]
Army NG Camp Grayling Operational Readiness 0 0
Training Complex (Ortc)
Barracks.
Minnesota
Army NG Arden Hills Readiness Center........... 0 17,000
Army NG Camp Ripley Scout Reconnaisance Range.. 17,000 17,000
Army NG St Paul Readiness Center........... 17,000 0
Missouri
Army NG Fort Leonard Wood Regional Training Institute 18,000 18,000
Army NG Kansas City Readiness Center Add/Alt... 1,900 1,900
Army NG Monett Readiness Center Add/Alt... 820 820
Army NG Perryville Readiness Center Add/Alt... 700 700
Montana
Army NG Miles City Readiness Center........... 11,000 11,000
New Jersey
Army NG Sea Girt Regional Training Institute 34,000 34,000
New York
Army NG Stormville Combined Support Maint Shop 24,000 24,000
Ph1.
Ohio
Army NG Chillicothe Field Maintenance Shop Add/ 3,100 3,100
Alt.
Army NG Delaware Readiness Center........... 12,000 12,000
Oklahoma
Army NG Camp Gruber Operations Readiness 25,000 25,000
Training Complex.
Puerto Rico
Army NG Camp Santiago Readiness Center........... 3,800 3,800
Army NG Ceiba Refill Station Building.... 2,200 2,200
Army NG Guaynabo Readiness Center (JFHQ).... 15,000 15,000
Army NG Gurabo Readiness Center........... 14,700 14,700
Utah
Army NG Camp Williams BEQ Facility (Regional 15,000 15,000
Training Institute).
Army NG Camp Williams Regional Training Institute 21,000 21,000
Ph2.
Vermont
Army NG North Hyde Park Field Maintenance Shop..... 0 0
Washington
Army NG Fort Lewis Readiness Center........... 35,000 35,000
West Virginia
Army NG Logan Readiness Center........... 14,200 14,200
Wisconsin
Army NG Wausau Field Maintenance Shop..... 10,000 10,000
Worldwide Unspecified
Army NG Unspecified Worldwide Planning and Design........ 26,622 26,622
Locations
Army NG Unspecified Worldwide Unspecified Minor 15,057 15,057
Locations Construction.
........................
Total Military Construction, Army National Guard 613,799 613,799
......................
California
Army Res Fort Hunter Liggett Access Control Point....... 0 0
Army Res Fort Hunter Liggett Ortc....................... 64,000 64,000
Army Res Fort Hunter Liggett Uph Barracks............... 4,300 4,300
Army Res Tustin Army Reserve Center........ 27,000 27,000
Illinois
Army Res Fort Sheridan Army Reserve Center........ 28,000 28,000
Maryland
Army Res Aberdeen Proving Army Reserve Center........ 21,000 21,000
Ground
Army Res Baltimore Add/Alt Army Reserve Center 10,000 10,000
Massachusetts
[[Page 126 STAT. 2300]]
Army Res Devens Reserve Forces Automatic Record Fire Range 4,800 4,800
Training Area
Army Res Devens Reserve Forces Combat Pistol/MP Firearms 3,700 3,700
Training Area Qualification.
Nevada
Army Res Las Vegas Army Reserve Center/AMSA... 21,000 21,000
New Jersey
Army Res Joint Base Mcguire-Dix- Automated Infantry Squad 7,400 7,400
Lakehurst Battle Course.
Pennsylvania
Army Res Conneaut Lake Defense Access Road........ 0 0
Washington
Army Res Joint Base Lewis- Army Reserve Center........ 40,000 40,000
Mcchord
Wisconsin
Army Res Fort Mccoy Central Issue Facility..... 12,200 12,200
Army Res Fort Mccoy Dining Facility............ 8,600 8,600
Army Res Fort Mccoy Ecs Tactical Equip. Maint. 27,000 27,000
Facilty (Temf).
Worldwide Unspecified
Army Res Unspecified Worldwide Planning and Design........ 15,951 15,951
Locations
Army Res Unspecified Worldwide Unspecified Minor 10,895 10,895
Locations Construction.
........................
Total Military Construction, Army Reserve 305,846 305,846
......................
Arizona
N/MC Res Yuma Reserve Training Facility-- 5,379 5,379
Yuma AZ.
Iowa
N/MC Res Fort Des Moines Joint Reserve Center--Des 19,162 19,162
Moines IA.
Louisiana
N/MC Res New Orleans Transient Quarters......... 7,187 7,187
New York
N/MC Res Brooklyn Vehicle Maint. Fac.-- 4,430 4,430
Brooklyn NY.
Texas
N/MC Res Fort Worth Commercial Vehicle 11,256 11,256
Inspection Site.
Worldwide Unspecified
N/MC Res Unspecified Worldwide Planning and Design........ 2,118 2,118
Locations
........................
Total Military Construction, Naval Reserve 49,532 49,532
......................
California
Air NG Fresno Yosemite IAP F-15 Conversion............ 11,000 11,000
ANG
Hawaii
Air NG Joint Base Pearl TFI--F-22 Combat Apron 6,500 6,500
Harbor-Hickam Addition.
New Mexico
Air NG Kirtland AFB Alter Target Intelligence 8,500 8,500
Facility.
Tennessee
Air NG Mcghee-Tyson Airport Dormitory Classroom 0 0
Facility.
Worldwide Unspecified
Air NG Various Worldwide Planning and Design........ 4,000 4,000
Locations
[[Page 126 STAT. 2301]]
Air NG Various Worldwide Unspecified Minor 5,900 5,900
Locations Construction.
Wyoming
Air NG Cheyenne Map C-130 Flight Simulator 6,486 6,486
Training Facility.
........................
Total Military Construction, Air National Guard 42,386 42,386
......................
California
AF Res March Air Reserve Base Joint Regional Deployment 0 0
Processing Center.
New York
AF Res Niagara Falls IAP Flight Simulator Facility.. 6,100 6,100
Worldwide Unspecified
AF Res Various Worldwide Planning and Design........ 2,879 2,879
Locations
AF Res Various Worldwide Unspecified Minor 2,000 2,000
Locations Constrution.
........................
Total Military Construction, Air Force Reserve 10,979 10,979
......................
Worldwide Unspecified
FH Con Army Unspecified Worldwide Family Housing P&d......... 4,641 4,641
Locations
........................
Total Family Housing Construction, Army 4,641 4,641
......................
Worldwide Unspecified
FH Ops Army Unspecified Worldwide Furnishings Account........ 31,785 31,785
Locations
FH Ops Army Unspecified Worldwide Leasing.................... 203,533 203,533
Locations
FH Ops Army Unspecified Worldwide Maintenance of Real 109,534 109,534
Locations Property.
FH Ops Army Unspecified Worldwide Management Account......... 56,970 56,970
Locations
FH Ops Army Unspecified Worldwide Miscellaneous Account...... 620 620
Locations
FH Ops Army Unspecified Worldwide Privatization Support Costs 26,010 26,010
Locations
FH Ops Army Unspecified Worldwide Services Account........... 13,487 13,487
Locations
FH Ops Army Unspecified Worldwide Utilities Account.......... 88,112 88,112
Locations
........................
Total Family Housing Operation And Maintenance, Army 530,051 530,051
......................
Worldwide Unspecified
FH Con AF Unspecified Worldwide Improvements............... 79,571 79,571
Locations
FH Con AF Unspecified Worldwide Planning and Design........ 4,253 4,253
Locations
[[Page 126 STAT. 2302]]
........................
Total Family Housing Construction, Air Force 83,824 83,824
......................
Worldwide Unspecified
FH Ops AF Unspecified Worldwide Furnishings Account........ 37,878 37,878
Locations
FH Ops AF Unspecified Worldwide Housing Privatization...... 46,127 46,127
Locations
FH Ops AF Unspecified Worldwide Leasing.................... 62,730 62,730
Locations
FH Ops AF Unspecified Worldwide Maintenance (Rpma Rpmc).... 201,937 201,937
Locations
FH Ops AF Unspecified Worldwide Management Account......... 55,002 55,002
Locations
FH Ops AF Unspecified Worldwide Miscellaneous Account...... 1,943 1,943
Locations
FH Ops AF Unspecified Worldwide Services Account........... 16,550 16,550
Locations
FH Ops AF Unspecified Worldwide Utilities Account.......... 75,662 75,662
Locations
........................
Total Family Housing Operation And Maintenance, Air Force 497,829 497,829
......................
Worldwide Unspecified
FH Con Navy Unspecified Worldwide Design..................... 4,527 4,527
Locations
FH Con Navy Unspecified Worldwide Improvements............... 97,655 97,655
Locations
........................
Total Family Housing Construction, Navy And Marine Corps 102,182 102,182
......................
Worldwide Unspecified
FH Ops Navy Unspecified Worldwide Furnishings Account........ 17,697 17,697
Locations
FH Ops Navy Unspecified Worldwide Leasing.................... 83,774 83,774
Locations
FH Ops Navy Unspecified Worldwide Maintenance of Real 85,254 85,254
Locations Property.
FH Ops Navy Unspecified Worldwide Management Account......... 62,741 62,741
Locations
FH Ops Navy Unspecified Worldwide Miscellaneous Account...... 491 491
Locations
FH Ops Navy Unspecified Worldwide Privatization Support Costs 27,798 27,798
Locations
FH Ops Navy Unspecified Worldwide Services Account........... 19,615 19,615
Locations
[[Page 126 STAT. 2303]]
FH Ops Navy Unspecified Worldwide Utilities Account.......... 80,860 80,860
Locations
........................
Total Family Housing Operation And Maintenance, Navy And Marine Corps 378,230 378,230
......................
Worldwide Unspecified
FH Ops DW Unspecified Worldwide Furnishings Account........ 20 20
Locations
FH Ops DW Unspecified Worldwide Furnishings Account........ 4,660 4,660
Locations
FH Ops DW Unspecified Worldwide Furnishings Account........ 66 66
Locations
FH Ops DW Unspecified Worldwide Leasing.................... 10,822 10,822
Locations
FH Ops DW Unspecified Worldwide Leasing.................... 35,333 35,333
Locations
FH Ops DW Unspecified Worldwide Maintenance of Real 73 73
Locations Property.
FH Ops DW Unspecified Worldwide Maintenance of Real 567 567
Locations Property.
FH Ops DW Unspecified Worldwide Management Account......... 371 371
Locations
FH Ops DW Unspecified Worldwide Services Account........... 31 31
Locations
FH Ops DW Unspecified Worldwide Utilities Account.......... 12 12
Locations
FH Ops DW Unspecified Worldwide Utilities Account.......... 283 283
Locations
........................
Total Family Housing Operation And Maintenance, Defense-Wide 52,238 52,238
......................
Worldwide Unspecified
FHIF Unspecified Worldwide Family Housing Improvement 1,786 1,786
Locations Fund.
........................
Total DOD Family Housing Improvement Fund 1,786 1,786
......................
Worldwide Unspecified
BRAC 05 Unspecified Worldwide Comm Add 3: Galena Fol, AK. 1,337 1,337
Locations
BRAC 05 Unspecified Worldwide Don-100: Planing, Design 5,038 5,038
Locations and Management.
BRAC 05 Unspecified Worldwide Don-101: Various Locations. 4,176 4,176
Locations
BRAC 05 Unspecified Worldwide Don-138: NAS Brunswick, ME. 4,897 4,897
Locations
[[Page 126 STAT. 2304]]
BRAC 05 Unspecified Worldwide Don-157: Mcsa Kansas City, 39 39
Locations MO.
BRAC 05 Unspecified Worldwide Don-168: Ns Newport, RI.... 1,742 1,742
Locations
BRAC 05 Unspecified Worldwide Don-172: NWS Seal Beach, 2,129 2,129
Locations Concord, CA.
BRAC 05 Unspecified Worldwide Don-84: JRB Willow Grove & 189 189
Locations Cambria Reg Ap.
BRAC 05 Unspecified Worldwide Ind-106: Kansas Army 7,280 7,280
Locations Ammunition Plant, KS.
BRAC 05 Unspecified Worldwide Ind-110: Mississippi Army 160 160
Locations Ammo Plant, MS.
BRAC 05 Unspecified Worldwide Ind-112: River Bank Army 22,431 22,431
Locations Ammo Plant, CA.
BRAC 05 Unspecified Worldwide Ind-119: Newport Chemical 197 197
Locations Depot, IN.
BRAC 05 Unspecified Worldwide Ind-122: Lone Star Army 11,379 11,379
Locations Ammo Plant, TX.
BRAC 05 Unspecified Worldwide Med-2: Walter Reed Nmmc, 7,787 7,787
Locations Bethesda, MD.
BRAC 05 Unspecified Worldwide Med-57: Brooks City Base, 326 326
Locations TX.
BRAC 05 Unspecified Worldwide Program Management Various 605 605
Locations Locations.
BRAC 05 Unspecified Worldwide Program Management Various 20,453 20,453
Locations Locations.
BRAC 05 Unspecified Worldwide Usa-113: Fort Monroe, VA... 12,184 12,184
Locations
BRAC 05 Unspecified Worldwide Usa-121: Fort Gillem, GA... 4,976 4,976
Locations
BRAC 05 Unspecified Worldwide Usa-167: USAR Command and 175 175
Locations Control--NE.
BRAC 05 Unspecified Worldwide Usa-212: USAR Cmd & Cntrl-- 222 222
Locations New England.
BRAC 05 Unspecified Worldwide Usa-222: Fort Mcpherson, GA 6,772 6,772
Locations
BRAC 05 Unspecified Worldwide Usa-223: Fort Monmouth, NJ. 9,989 9,989
Locations
BRAC 05 Unspecified Worldwide Usa-236: Rc Transformation 557 557
Locations in CT.
BRAC 05 Unspecified Worldwide Usa-242: Rc Transformation 172 172
Locations in NY.
BRAC 05 Unspecified Worldwide Usa-253: Rc Transformation 100 100
Locations in PA.
[[Page 126 STAT. 2305]]
BRAC 05 Unspecified Worldwide Usa-36: Red River Army 1,385 1,385
Locations Depot.
........................
Total Base Realignment and Closure Account 2005 126,697 126,697
......................
Worldwide Unspecified
BRAC IV Base Realignment & Base Realignment & Closure. 122,552 122,552
Closure, Air Force
BRAC IV Base Realignment & Base Realignment & Closure. 79,893 79,893
Closure, Army
BRAC IV Base Realignment & Base Realignment & Closure. 146,951 146,951
Closure, Navy
........................
Total Base Realignment and Closure Account 1990 349,396 349,396
......................
Worldwide Unspecified
PYS Unspecified Worldwide BRAC 2005.................. 0 -132,513
Locations
PYS Unspecified Worldwide Contingency Construction... 0 -20,000
Locations
........................
Total Prior Year Savings 0 -152,513
......................
Worldwide Unspecified
GR Unspecified Worldwide Civilian Pay Raise 0 -2,334
Locations Reduction.
........................
Total General Reductions 0 -2,334
......................
Total Military Construction, Base Funding 11,222,710 10,412,905
----------------------------------------------------------------------------------------------------------------
SEC. 4602. MILITARY CONSTRUCTION FOR OVERSEAS CONTINGENCY
OPERATIONS.
----------------------------------------------------------------------------------------------------------------
SEC. 4602. MILITARY CONSTRUCTION FOR OVERSEAS CONTIGENCY OPERATIONS (In Thousands of Dollars)
-----------------------------------------------------------------------------------------------------------------
FY 2013 Conference
Service Country and Location Project Request Authorized
----------------------------------------------------------------------------------------------------------------
Navy Sw Asia.......................... Combined Dining Facility.. 0 0
Navy Sw Asia.......................... Transient Quarters........ 0 0
Navy Camp Lemonier, Djibouti.......... Containerized Living and 0 7,510
Work Units.
Navy Camp Lemonier, Djibouti.......... Fitness Center............ 0 26,960
Navy Camp Lemonier, Djibouti.......... Galley Addition and 0 22,220
Warehouse.
Navy Camp Lemonier, Djibouti.......... Joint HQ/Joint Operations 0 42,730
Center Facility.
Total Military Construction, Navy 0 99,420
PYS Unspecified Worldwide Locations.. 112-10 and Title Iv of 0 -150,768
Division H P.l. 112-74.
Total Prior Year Savings 0 -150,768
[[Page 126 STAT. 2306]]
Total Military Construction, OCO Funding 0 -51,348
----------------------------------------------------------------------------------------------------------------
TITLE XLVII--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS.
------------------------------------------------------------------------
SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS (In Thousands
of Dollars)
-------------------------------------------------------------------------
FY 2013 Conference
Program Request Authorized
------------------------------------------------------------------------
Discretionary Summary By Appropriation
Energy And Water Development, And
Related Agencies
Appropriation Summary:
Energy Programs
Electricity delivery and energy 6,000 0
reliability........................
Atomic Energy Defense Activities
National nuclear security
administration:
Weapons activities................ 7,577,341 7,657,921
Defense nuclear nonproliferation.. 2,458,631 2,485,631
Naval reactors.................... 1,088,635 1,088,635
Office of the administrator....... 411,279 382,000
Total, National nuclear security 11,535,886 11,614,187
administration.....................
Environmental and other defense
activities:
Defense environmental cleanup..... 5,472,001 5,009,001
Other defense activities.......... 735,702 731,299
Total, Environmental & other defense 6,207,703 5,740,300
activities.........................
Total, Atomic Energy Defense 17,743,589 17,354,487
Activities...........................
Total, Discretionary Funding.............. 17,749,589 17,354,487
Electricity Delivery & Energy Reliability
Electricity Delivery & Energy
Reliability
Infrastructure security & energy 6,000 0
restoration..........................
Weapons Activities
Directed stockpile work
Life extension programs
B61 Life extension program.......... 369,000 369,000
W76 Life extension program.......... 174,931 219,931
Total, Life extension programs........ 543,931 588,931
Stockpile assessment and design
W78 Life extension study............ 0
W88 Alt 370......................... 0
Total, Stockpile assessment and design 0 0
Stockpile systems
Stockpile systems................... 0
B61 Stockpile systems............... 72,364 72,364
W76 Stockpile systems............... 65,445 65,445
W78 Stockpile systems............... 139,207 139,207
W80 Stockpile systems............... 46,540 46,540
B83 Stockpile systems............... 57,947 57,947
W87 Stockpile systems............... 85,689 85,689
W88 Stockpile systems............... 123,217 123,217
[[Page 126 STAT. 2307]]
Total, Stockpile systems.............. 590,409 590,409
Weapons dismantlement and disposition
Operations and maintenance.......... 51,265 51,265
Stockpile services
Production support.................. 365,405 371,405
Research and development support.... 28,103 28,103
R&D certification and safety........ 191,632 199,632
Management, technology, and 175,844 175,844
production.........................
Plutonium sustainment............... 141,685 141,685
Total, Stockpile services............. 902,669 916,669
Total, Directed stockpile work.......... 2,088,274 2,147,274
Campaigns:
Science campaign
Advanced certification.............. 44,104 54,104
Primary assessment technologies..... 94,000 99,000
Dynamic materials properties........ 97,000 106,000
Advanced radiography................ 30,000 30,000
Secondary assessment technologies... 85,000 85,000
Total, Science campaign............... 350,104 374,104
Engineering campaign
Enhanced surety..................... 46,421 54,421
Weapon systems engineering 18,983 18,983
assessment technology..............
Nuclear survivability............... 21,788 21,788
Enhanced surveillance............... 63,379 63,379
Total, Engineering campaign........... 150,571 158,571
Inertial confinement fusion ignition
and high yield campaign
Diagnostics, cryogenics and 81,942 81,942
experimental support...............
Ignition............................ 84,172 84,172
Support of other stockpile programs. 14,817 14,817
NIF diagnostics, cryogenics and 0 0
experimental support...............
Pulsed power inertial confinement 6,044 6,044
fusion.............................
Joint program in high energy density 8,334 8,334
laboratory plasmas.................
Facility operations and target 264,691 264,691
production.........................
Total, Inertial confinement fusion and 460,000 460,000
high yield campaign..................
Advanced simulation and computing 600,000 600,000
campaign.............................
Readiness Campaign
Stockpile readiness................. 0 0
High explosives and weapon 0 0
operations.........................
Nonnuclear readiness................ 64,681 64,681
Tritium readiness................... 65,414 65,414
Advanced design and production 0 0
technologies.......................
Total, Readiness campaign............. 130,095 130,095
Total, Campaigns........................ 1,690,770 1,722,770
Readiness in technical base and
facilities (RTBF)
Operations of facilities
Kansas City Plant................. 163,602 163,602
Lawrence Livermore National 89,048 89,048
Laboratory.......................
[[Page 126 STAT. 2308]]
Los Alamos National Laboratory.... 335,978 335,978
Nevada National Security Site..... 115,697 115,697
Pantex............................ 172,020 172,020
Sandia National Laboratory........ 167,384 167,384
Savannah River Site............... 120,577 120,577
Y-12 National security complex.... 255,097 255,097
Institutional site support........ 0 0
Total, Operations of facilities....... 1,419,403 1,419,403
Program Readiness..................... 0 0
Science, technology and engineering 166,945 166,945
capability support...................
Maintenance and repair of facilities.. 0 0
Nuclear operations capability support. 203,346 203,346
Subtotal, Readiness in technical base 1,789,694 1,789,694
and facilities.........................
Construction:
13-D-301 Electrical infrastructure 23,000 23,000
upgrades, LANL/LLNL................
12-D-301 TRU waste facilities, LANL. 24,204 24,204
11-D-801 TA-55 Reinvestment project, 8,889 8,889
LANL...............................
10-D-501 Nuclear facilities risk 17,909 17,909
reduction Y-12 National security
complex, Oakridge, TN..............
09-D-404 Test capabilities 11,332 11,332
revitalization II, Sandia National
Laboratories, Albuquerque, NM......
08-D-802 High explosive pressing 24,800 24,800
facility Pantex Plant, Amarillo, TX
07-D-140 Project engineering and 0 0
design (PED) various locations.....
06-D-140 Project engineering design 0 0
(PED) various locations............
06-D-141 PED/Construction, Uranium 340,000 0
Capabilities Replacement Project Y-
12 , Oak Ridge, TN.................
06-D-141 PED/Construction, Uranium 0 340,000
Capabilities Replacement Project Y-
12 , Phase 1, Oak Ridge, TN........
04-D-125 Chemistry and metallurgy 0 0
facility replacement project, Los
Alamos National Laboratory, Los
Alamos, NM.........................
Total, Construction................... 450,134 450,134
Total, Readiness in technical base and 2,239,828 2,239,828
facilities.............................
Secure transportation asset
Operations and equipment.............. 114,965 114,965
Program direction..................... 104,396 104,396
Total, Secure transportation asset...... 219,361 219,361
Nuclear counterterrorism incident 247,552 247,552
response...............................
Site stewardship
Operations and maintenance............ 90,001 79,581
Construction
11-D-601 Sanitary effluent 0 0
reclamation facility, LANL.........
Total, Site stewardship................. 90,001 79,581
Defense nuclear security
Operations and maintenance............ 643,285 643,285
[[Page 126 STAT. 2309]]
NNSA CIO activities..................... 155,022 155,022
Legacy contractor pensions.............. 185,000 185,000
Science, Technology and Engineering 0 0
Capability.............................
National security applications.......... 18,248 18,248
Subtotal, Weapons activities.............. 7,577,341 7,657,921
Rescission................................ 0
Total, Weapons Activities................. 7,577,341 7,657,921
Defense Nuclear Nonproliferation
Nonproliferation and verification R&D
Operations and maintenance............ 398,186 398,186
Domestic Enrichment R&D............... 150,000 150,000
Subtotal, Nonproliferation and 548,186 548,186
verification R&D.......................
Nonproliferation and international 150,119 150,119
security...............................
International nuclear materials 311,000 311,000
protection and cooperation.............
Fissile materials disposition
U.S. surplus fissile materials
disposition
Operations and maintenance
U.S. plutonium disposition........ 498,979 498,979
U.S. uranium disposition.......... 29,736 29,736
Total, Operations and maintenance... 528,715 528,715
Construction:
99-D-143 Mixed oxide fuel 388,802 388,802
fabrication facility, Savannah
River, SC........................
99-D-141-01 Pit disassembly and 0 0
conversion facility, Savannah
River, SC........................
99-D-141-02 Waste Solidification 0 0
Building, Savannah River, SC.....
Total, Construction................. 388,802 388,802
Total, U.S. surplus fissile materials 917,517 917,517
disposition..........................
Russian surplus fissile materials 3,788 3,788
disposition..........................
Total, Fissile materials disposition.... 921,305 921,305
Global threat reduction initiative...... 466,021 493,021
Legacy contractor pensions.............. 62,000 62,000
Subtotal, Defense Nuclear Nonproliferation 2,458,631 2,507,211
Rescission................................ 0
Total, Defense Nuclear Nonproliferation... 2,458,631 2,485,631
Naval Reactors
Naval reactors development.............. 418,072 418,072
Ohio replacement reactor systems 89,700 89,700
development............................
S8G Prototype refueling................. 121,100 121,100
Naval reactors operations and 366,961 366,961
infrastructure.........................
Construction:
13-D-905 Remote-handled low-level 8,890 8,890
waste facility, INL..................
13-D-904 KS Radiological work and 2,000 2,000
storage building, KSO................
13-D-903, KS Prototype Staff Building, 14,000 14,000
KSO..................................
[[Page 126 STAT. 2310]]
10-D-903, Security upgrades, KAPL..... 19,000 19,000
10-D-904, NRF infrastructure upgrades, 0 0
Idaho................................
09-D-902, NRF Office Building #2 ECC 0 0
Upgrade, Idaho.......................
08-D-190 Expended Core Facility M-290 5,700 5,700
recovering discharge station, Naval
Reactor Facility, ID.................
07-D-190 Materials research technology 0 0
complex (MRTC).......................
Total, Construction..................... 49,590 49,590
Program direction....................... 43,212 43,212
Subtotal, Naval Reactors.................. 1,088,635 1,088,635
Adjustments:
Rescission of prior year balances..... 0 0
Total, Naval Reactors..................... 1,088,635 1,088,635
Office Of The Administrator
Office of the administrator............. 411,279 382,000
Total, Office Of The Administrator........ 411,279 382,000
Defense Environmental Cleanup
Closure sites:
Closure sites administration.......... 1,990 1,990
Hanford site:
River corridor and other cleanup 389,347 389,347
operations...........................
Central plateau remediation........... 558,820 558,820
Richland community and regulatory 15,156 15,156
support..............................
Total, Hanford site..................... 963,323 963,323
Idaho National Laboratory:
Idaho cleanup and waste disposition... 396,607 396,607
Idaho community and regulatory support 3,000 3,000
Total, Idaho National Laboratory........ 399,607 399,607
NNSA sites
Lawrence Livermore National Laboratory 1,484 1,484
Nuclear facility D & D Separations 24,000 24,000
Process Research Unit................
Nevada................................ 64,641 64,641
Sandia National Laboratories.......... 5,000 5,000
Los Alamos National Laboratory........ 239,143 239,143
Total, NNSA sites and Nevada off-sites.. 334,268 334,268
Oak Ridge Reservation:
Building 3019......................... 0 0
OR Nuclear facility D & D............. 67,525 67,525
OR cleanup and disposition............ 109,470 109,470
OR reservation community and 4,500 4,500
regulatory support...................
Total, Oak Ridge Reservation............ 181,495 181,495
Office of River Protection:
Waste treatment and immobilization
plant
01-D-416 A-E/ORP-0060 / Major 690,000 690,000
construction.......................
Tank farm activities
Rad liquid tank waste stabilization 482,113 482,113
and disposition....................
[[Page 126 STAT. 2311]]
Total, Office of River protection....... 1,172,113 1,172,113
Savannah River sites:
Savannah River risk management 444,089 444,089
operations...........................
SR community and regulatory support... 16,584 16,584
Radioactive liquid tank waste:
Radioactive liquid tank waste 698,294 698,294
stabilization and disposition......
Construction:
05-D-405 Salt waste processing 22,549 22,549
facility, Savannah River.........
PE&D glass waste storage building 0 0
#3...............................
Total, Radioactive liquid tank waste.. 720,843 720,843
Total, Savannah River site.............. 1,181,516 1,181,516
Waste Isolation Pilot Plant
Waste isolation pilot plant........... 198,010 198,010
Total, Waste Isolation Pilot Plant...... 198,010 198,010
Program direction....................... 323,504 323,504
Program support......................... 18,279 18,279
Safeguards and Security:
Oak Ridge Reservation................. 18,817 18,817
Paducah............................... 8,909 8,909
Portsmouth............................ 8,578 8,578
Richland/Hanford Site................. 71,746 71,746
Savannah River Site................... 121,977 121,977
Waste Isolation Pilot Project......... 4,977 4,977
West Valley........................... 2,015 2,015
Total, Safeguards and Security.......... 237,019 237,019
Technology development.................. 20,000 20,000
Uranium enrichment D&D fund contribution 463,000 0
Subtotal, Defense environmental cleanup... 5,494,124 5,031,124
Adjustments
Use of prior year balances......... -12,123 -12,123
Use of unobligated balances........ -10,000 -10,000
Rescission
Total, Adjustments...................... -22,123 -22,123
Total, Defense Environmental Cleanup...... 5,472,001 5,009,001
Other Defense Activities
Health, safety and security
Health, safety and security........... 139,325 139,325
Program direction..................... 106,175 106,175
Undistributed adjustment.............. -4,403
Total, Health, safety and security...... 245,500 241,097
Specialized security activities......... 188,619 188,619
Office of Legacy Management
Legacy management..................... 164,477 164,477
Program direction..................... 13,469 13,469
Total, Office of Legacy Management...... 177,946 177,946
[[Page 126 STAT. 2312]]
Defense-related activities
Infrastructure
Idaho sitewide safeguards and 0 0
security...........................
Defense related administrative support.. 118,836 118,836
Office of hearings and appeals.......... 4,801 4,801
Subtotal, Other defense activities........ 735,702 731,299
Total, Other Defense Activities........... 735,702 731,299
------------------------------------------------------------------------
Approved January 2, 2013.
LEGISLATIVE HISTORY--H.R. 4310 (S. 3254):
---------------------------------------------------------------------------
HOUSE REPORTS: Nos. 112-479, Pt. 1 and 2 (Comm. on Armed Services) and
112-705 (Comm. of Conference).
SENATE REPORTS: No. 112-173 (Comm. on Armed Services) accompanying
S. 3254.
CONGRESSIONAL RECORD, Vol. 158 (2012):
May 16-18, considered and passed House.
Dec. 4, considered and passed Senate, amended, in lieu of S.
3254.
Dec. 12, Senate vitiated passage; reconsidered and passed,
amended.
Dec. 20, House agreed to conference report.
Dec. 21, Senate agreed to conference report.
DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2013):
Jan. 3, Presidential statement.
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