IIC 

December 4, 2012 

Ordered to be printed as passed 

In the Senate of the United States, 

December 4, 2012. 

Resolved, That the bill from the House of Representatives (H.R. 4310) entitled ‘‘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.’’, do pass with the following 

AMENDMENT: 

Strike out all after the enacting clause and insert: 

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘National Defense Au3 thorization Act for Fiscal Year 2013’’. 

4 SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF 

5 CONTENTS. 

6 (a) DIVISIONS.—This Act is organized into seven divi7 sions as follows: 


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1 (1) Division A–Department of Defense Author2 izations. 

3 (2) Division B–Military Construction Authoriza4 tions. 

5 (3) Division C–Department of Energy National 

6 Security Authorizations and Other Authorizations. 

7 (4) Division D–Funding Tables. 

8 (5) Division E–Housing Assistance for Veterans. 

9 (6) Division F–Stolen Valor Act. 

10 (7) Division G–Miscellaneous. 

11 (b) TABLE OF CONTENTS.—The table of contents for 

12 this Act is as follows: 

Sec. 1. Short title. 

Sec. 2. Organization of Act into divisions; table of contents. 

Sec. 3. Congressional defense committees. 

Sec. 4. Scoring of budgetary effects. 

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–47F helicopters. 

Subtitle C—Navy Programs 

Sec. 121. Refueling and complex overhaul of the U.S.S. Abraham Lincoln. 

Sec. 122. Ford class aircraft carriers. 

Sec. 123. Limitation on availability of amounts for second Ford class aircraft 

carrier. 

Sec. 124. Multiyear procurement authority for Virginia class submarine program. 

Sec. 125. Multiyear procurement authority for Arleigh Burke class destroyers and 

associated systems. 

Sec. 126. 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. 127. Designation of mission modules of the Littoral Combat Ship as a major 

defense acquisition program. 


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Sec. 128. Transfer of certain fiscal year 2012 Procurement of Ammunition, Navy 

and Marine Corps funds. 

Sec. 129. Transfer of certain fiscal year 2012 Procurement, Marine Corps funds 

for procurement of weapons and combat vehicles. 

Sec. 130. Sense of Congress on Marine Corps amphibious lift and presence requirements. 

Sec. 131. Sense of Senate on Department of Navy fiscal year 2014 budget request 

for tactical aviation aircraft. 

Sec. 132. SPIDERNet/Spectral Warrior Hardware. 

Subtitle D—Air Force Programs 

Sec. 141. Reduction in number of aircraft required to be maintained in strategic 

airlift aircraft inventory. 

Sec. 142. Treatment of certain programs for the F–22A Raptor aircraft as major 

defense acquisition programs. 

Sec. 143. Avionics systems for C–130 aircraft. 

Sec. 144. Procurement of space-based infrared system satellites. 

Sec. 145. Transfer of certain fiscal year 2011 and 2012 funds for Aircraft Procurement for the Air Force. 

Subtitle E—Joint and Multiservice Matters 

Sec. 151. Multiyear procurement authority for V–22 joint aircraft program. 

Sec. 152. Limitation on availability of funds for full-rate production of 

Handheld, Manpack, and Small Form/Fit radios under the 

Joint Tactical Radio System program. 

Sec. 153. Shallow Water Combat Submersible program. 

Sec. 154. AC–130 aircraft electro-optical and infrared sensors. 

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 Foundry for the Defense Microelectronics Activity. 

Sec. 212. Advanced rotorcraft initiative. 

Sec. 213. Transfer of certain fiscal year 2012 Navy research, development, test, 

and evaluation funds. 

Sec. 214. Authority for Department of Defense laboratories to enter into education 

partnerships with educational institutions in United States territories and possessions. 

Sec. 215. Transfer of certain fiscal year 2012 Air Force research, development, 

test, and evaluation funds. 

Sec. 216. Relocation of C–band radar from Antigua to H.E. Holt Station in 

Western Australia to enhance space situational awareness capabilities. 

Sec. 217. Detailed Digital Radio Frequency Modulation Countermeasures Studies 

and Simulations. 

Subtitle C—Missile Defense Matters 

Sec. 231. Homeland ballistic missile defense. 

Sec. 232. Regional ballistic missile defense. 

Sec. 233. Missile defense cooperation with Russia. 


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Sec. 234. Next generation Exo-atmospheric Kill Vehicle. 

Sec. 235. Modernization of the Patriot air and missile defense system. 

Sec. 236. Medium Extended Air Defense System. 

Sec. 237. Availability of funds for Iron Dome short-range rocket defense program. 

Sec. 238. Readiness and flexibility of intercontinental ballistic missile force. 

Sec. 239. 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. 251. Mission Packages for the Littoral Combat Ship. 

Sec. 252. Comptroller General of the United States annual reports on the acquisition program for the Amphibious Combat Vehicle. 

Sec. 253. Conditional requirement for report on amphibious assault vehicles for 

the Marine Corps. 

Subtitle E—Other Matters 

Sec. 271. Transfer of administration of Ocean Research and Resources Advisory 

Panel from Department of the Navy to National Oceanic and 

Atmospheric Administration. 

Sec. 272. Sense of Senate 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 Environmental Provisions 

Sec. 311. Department of Defense guidance on environmental exposures at military installations. 

Sec. 312. Funding of agreements under the Sikes Act. 

Sec. 313. Report on property disposals and additional authorities to assist local 

communities around closed military installations. 

Subtitle C—Logistics and Sustainment 

Sec. 321. Repeal of certain provisions relating to depot-level maintenance. 

Sec. 322. Expansion and reauthorization of multi-trades demonstration project. 

Sec. 323. Rating chains for system program managers. 

Subtitle D—Reports 

Sec. 331. Annual report on Department of Defense long-term corrosion strategy. 

Sec. 332. Modified deadline for Comptroller General review of annual report on 

prepositioned materiel and equipment. 

Subtitle E—Other Matters 

Sec. 341. Savings to be achieved in civilian workforce and contractor employee 

workforce of the Department of Defense. 

Sec. 342. NATO Special Operations Headquarters. 

Sec. 343. Repeal of redundant authority to ensure interoperability of law enforcement and emergency responder training. 

Sec. 344. Sense of the Congress on Navy Fleet requirements. 


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TITLE IV—MILITARY PERSONNEL AUTHORIZATIONS 

Subtitle A—Active Forces 

Sec. 401. End strengths for active forces. 

Sec. 402. 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 Policy 

Sec. 501. Extension of relaxation of limitation on selective early discharges. 

Sec. 502. Exception to 30-year retirement for regular Navy warrant officers in 

the grade of chief warrant officer, W–5. 

Sec. 503. Modification of definition of joint duty assignment to include all instructor assignments for joint training and education. 

Sec. 504. Sense of Senate on inclusion of assignments as academic instructor at 

the military service academies as joint duty assignments. 

Subtitle B—Reserve Component Management 

Sec. 511. Authority for appointment of persons who are lawful permanent residents as officers of the National Guard. 

Sec. 512. Reserve component suicide prevention and resilience program. 

Sec. 513. Report on mechanisms to ease the reintegration into civilian life of 

members of the National Guard and the Reserves following a deployment on active duty. 

Subtitle C—General Service Authorities 

Sec. 521. Diversity in the Armed Forces and related reporting requirements. 

Sec. 522. Modification of authority to conduct programs on career flexibility to 

enhance retention of members of the Armed Forces. 

Sec. 523. Authority for additional behavioral health professionals to conduct preseparation medical examinations for post-traumatic stress disorder. 

Sec. 524. Quarterly reports on involuntary separation of members of the Armed 

Forces. 

Sec. 525. Review of eligibility of victims of domestic terrorism for award of the 

Purple Heart and the Defense Medal of Freedom. 

Sec. 526. Extension of temporary increase in accumulated leave carryover for 

members of the Armed Forces. 

Sec. 527. Prohibition on waiver for commissioning or enlistment in the Armed 

Forces for any individual convicted of a felony sexual offense. 


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Sec. 528. Research study on resilience in members of the Army. 

Subtitle D—Military Justice and Legal Matters Generally 

Sec. 531. Clarification and enhancement of the role of the 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. 

Subtitle E—Sexual Assault, Hazing, and Related Matters 

Sec. 541. Authority to retain or recall to active duty reserve component members 

who are victims of sexual assault while on active duty. 

Sec. 542. Additional elements in comprehensive Department of Defense policy on 

sexual assault prevention and response. 

Sec. 543. Hazing in the Armed Forces. 

Sec. 544. Retention of certain forms in connection with Restricted Reports on sexual assault involving members of the Armed Forces. 

Sec. 545. Prevention and response to sexual harassment in the Armed Forces. 

Sec. 546. Enhancement of annual reports regarding sexual assaults involving 

members of the Armed Forces. 

Subtitle F—Education and Training 

Sec. 551. Inclusion of the School of Advanced Military Studies Senior Level 

Course as a senior level service school. 

Sec. 552. Modification of eligibility for associate degree programs under the Community College of the Air Force. 

Sec. 553. Support of Naval Academy athletic programs. 

Sec. 554. Grade of commissioned officers in uniformed medical accession programs. 

Sec. 555. Authority for service commitment for Reservists who accept fellowships, 

scholarships, or grants to be performed in the Selected Reserve. 

Sec. 556. Repeal of requirement for eligibility for in-State tuition of at least 50 

percent of participants in Senior Reserve Officers’ Training 

Corps program. 

Sec. 557. Modification of requirements on plan to increase the number of units 

of the Junior Reserve Officers’ Training Corps. 

Sec. 558. Consolidation of military department authority to issue arms, tentage, 

and equipment to educational institutions not maintaining 

units of the Junior ROTC. 

Sec. 559. 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. 560. Comptroller General of the United States report on the Reserve Officers’ 

Training Corps. 

Sec. 561. Report on Department of Defense efforts to standardize educational 

transcripts issued to separating members of the Armed Forces. 

Sec. 562. Comptroller General of the United States reports on joint professional 

military education matters. 

Sec. 563. Troops-to-Teachers program enhancements. 

Subtitle G—Defense Dependents’ Education and Military Family Readiness 

Matters 

Sec. 571. Impact aid for children with severe disabilities. 


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Sec. 572. Continuation of authority to assist local educational agencies that benefit dependents of members of the Armed Forces and Department 

of Defense civilian employees. 

Sec. 573. Amendments to the Impact Aid program. 

Sec. 574. Military spouses. 

Sec. 575. Modification of authority to allow Department of Defense domestic dependent elementary and secondary schools to enroll certain students. 

Sec. 576. Sense of Congress regarding support for Yellow Ribbon Day. 

Sec. 577. Report on future of family support programs of the Department of Defense. 

Subtitle H—Other Matters 

Sec. 581. Family briefings concerning accountings for members of the Armed 

Forces and Department of Defense civilian employees listed as 

missing. 

Sec. 582. Enhancement of authority to accept gifts and services. 

Sec. 583. Clarification of authorized Fisher House residents at the Fisher House 

for the Families of the Fallen and Meditation Pavilion at Dover 

Air Force Base, Delaware. 

Sec. 584. Report on accuracy of data in the Defense Enrollment Eligibility Reporting System. 

Sec. 585. Posthumous honorary promotion of Sergeant Paschal Conley to second 

lieutenant in the Army. 

TITLE VI—COMPENSATION AND OTHER PERSONNEL BENEFITS 

Subtitle A—Pay and Allowances 

Sec. 601. Rates of basic allowance for housing for Army National Guard and Air 

National Guard members on full-time National Guard duty. 

Sec. 602. Payment of benefit for nonparticipation of eligible members in Post-Deployment/Mobilization Respite Absence program due to Government error. 

Sec. 603. Extension of authority to provide temporary increase in rates of basic 

allowance for housing under certain circumstances. 

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 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. 


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Subtitle C—Travel and Transportation Allowances 

Sec. 631. Permanent change of station allowances for members of Selected Reserve 

units filling a vacancy in another unit after being involuntarily 

separated. 

Sec. 632. Authority for comprehensive program for space-available travel on Department of Defense aircraft. 

Subtitle D—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 termination of payment of 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 E—Military Lending Matters 

Sec. 651. Enhancement of protections on consumer credit for members of the 

Armed Forces and their dependents. 

Sec. 652. Additional enhancements of protections on consumer credit for members 

of the Armed Forces and their dependents. 

Sec. 653. Relief in civil actions for violations of protections on consumer credit 

extended to members of the Armed Forces and their dependents. 

Sec. 654. Modification of definition of dependent for purposes of limitations on 

terms of consumer credit extended to members of the Armed 

Forces and their dependents. 

Sec. 655. Enforcement of protections on consumer credit for members of the 

Armed Forces and their dependents. 

Subtitle F—Other Matters 

Sec. 661. Transitional compensation for dependent children who are carried during pregnancy at time of dependent-abuse offense. 

Sec. 662. Report on issuance by Armed Forces Medical Examiner of death certificates for members of the Armed Forces who die on active duty 

abroad. 

TITLE VII—HEALTH CARE PROVISIONS 

Subtitle A—TRICARE Program 

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. Expansion of evaluation of the effectiveness of the TRICARE program. 

Sec. 704. Report on the future availability of TRICARE Prime throughout the 

United States. 

Sec. 705. Certain treatment of developmental disabilities, including autism, 

under the TRICARE program. 


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Sec. 706. Sense of Congress on health care for retired members of the uniformed 

services. 

Subtitle B—Other Health Care Benefits 

Sec. 711. Use of Department of Defense funds for abortions in cases of rape and 

incest. 

Sec. 712. Availability of certain fertility preservation treatments for members of 

the Armed Forces on active duty. 

Sec. 713. Modification of requirements on mental health assessments for members 

of the Armed forces deployed in connection with a contingency 

operation. 

Subtitle C—Health Care Administration 

Sec. 721. Clarification of applicability of certain authority and requirements to 

subcontractors employed to provide health care services to the 

Department of Defense. 

Sec. 722. Research program to enhance Department of Defense efforts on mental 

health in the National Guard and Reserves through community 

partnerships. 

Subtitle D—Reports and Other Matters 

Sec. 731. Reports on performance data on Warriors in Transition programs. 

Sec. 732. Report on Department of Defense support of members of the Armed 

Forces who experience traumatic injury as a result of vaccinations required by the Department. 

Sec. 733. Plan to eliminate gaps and redundancies in programs of the Department of Defense on psychological health and traumatic brain injury among members of the Armed Forces. 

Sec. 734. Report on implementation of recommendations of the Comptroller General of the United States on prevention of hearing loss among 

members of the Armed Forces. 

Sec. 735. Sense of Senate on mental health counselors for members of the Armed 

Forces, veterans, and their families. 

Sec. 736. Prescription drug take-back program for members of the Armed Forces 

and their dependents. 

Subtitle E—Mental Health Care Matters 

Sec. 751. Enhancement of oversight and management of Department of Defense 

suicide prevention and resilience programs. 

Sec. 752. Comprehensive program on prevention of suicide among members of the 

Armed Forces. 

Sec. 753. Quality review of Medical Evaluation Boards, Physical Evaluation 

Boards, and Physical Evaluation Board Liaison Officers. 

Sec. 754. Assessment of adequacy of mental health care benefits under the 

TRICARE program. 

Sec. 755. 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. 756. Participation of members of the Armed Forces in peer support counseling programs of the Department of Veterans Affairs. 

Sec. 757. Research and medical practice on mental health conditions. 

Sec. 758. Disposal of controlled substances. 


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Sec. 759. Transparency of mental health care services. 

Sec. 760. Expansion of Vet Center program to include furnishing counseling to 

certain members of the Armed Forces and their family members. 

Sec. 761. Authority for Secretary of Veterans Affairs to furnish mental health 

care through facilities other than Vet Centers to immediate family members of members of the Armed Forces deployed in connection with a contingency operation. 

Sec. 762. Organization of the Readjustment Counseling Service in Department of 

Veterans Affairs. 

Sec. 763. Recruiting mental health providers for furnishing of mental health services on behalf of the Department of Veterans Affairs without 

compensation from the Department. 

Sec. 764. Peer support. 

TITLE VIII—ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND 

RELATED MATTERS 

Subtitle A—Provisions Relating to Major Defense Acquisition Programs 

Sec. 801. Limitation on use of cost-type contracts. 

Sec. 802. Acquisition strategies for major subsystems and subassemblies on major 

defense acquisition programs. 

Sec. 803. Management structure for developmental test and evaluation. 

Sec. 804. Assessments of potential termination liability of contracts for the development or production of major defense acquisition programs. 

Sec. 805. Technical change regarding programs experiencing critical cost growth 

due to change in quantity purchased. 

Sec. 806. Repeal of requirement to review ongoing programs initiated before enactment of Milestone B certification and approval process. 

Subtitle B—Acquisition Policy and Management 

Sec. 821. One-year extension of temporary limitation on aggregate annual 

amount available for contract services. 

Sec. 822. Prohibition of excessive pass-through contracts and charges in the acquisition of services. 

Sec. 823. Availability of amounts in Defense Acquisition Workforce Development 

Fund for temporary members of workforce. 

Sec. 824. Department of Defense policy on contractor profits. 

Sec. 825. Modification of authorities on internal controls for procurements on behalf of the Department of Defense by certain non-defense agencies. 

Sec. 826. Extension of pilot program on management of supply-chain risk. 

Sec. 827. Sense of Senate on the continuing progress of the Department of Defense 

in implementing its Item Unique Identification Initiative. 

Subtitle C—Amendments Relating to General Contracting Authorities, 

Procedures, and Limitations 

Sec. 841. Applicability of Truth in Negotiations Act to major systems and related 

subsystems, components, and support services. 

Sec. 842. Maximum amount of allowable costs of compensation of contractor employees. 

Sec. 843. Department of Defense access to and use of contractor internal audit 

reports. 

Sec. 844. Enhancement of whistleblower protections for contractor employees. 

Sec. 844A. Whistleblower protections for non-defense contractors. 


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Sec. 845. Extension of contractor conflict of interest limitations. 

Sec. 846. Repeal of sunset for certain protests of task and delivery order contracts. 

Sec. 847. Reports on use of indemnification agreements. 

Sec. 848. Contracting with small business concerns owned and controlled by 

women. 

Subtitle D—Provisions Relating to Wartime Contracting 

Sec. 860. Short title. 

Sec. 861. Responsibility within Department of Defense for contract support for 

overseas contingency operations. 

Sec. 862. Annual reports on contract support for overseas contingency operations 

involving combat operations. 

Sec. 863. Inclusion of contract support in certain requirements for Department 

of Defense planning, joint professional military education, and 

management structure. 

Sec. 864. Risk assessment and mitigation for contractor performance of critical 

functions in support of overseas contingency operations. 

Sec. 865. Extension and modification of reports on contracting in Iraq and Afghanistan. 

Sec. 866. Extension of temporary authority to acquire products and services in 

countries along a major route of supply to Afghanistan. 

Sec. 867. Compliance with Berry amendment required for uniform components 

supplied to Afghanistan military or Afghanistan National Police. 

Sec. 868. Sense of Senate on the contributions of Latvia and other North Atlantic 

Treaty Organization member nations to the success of the Northern Distribution Network. 

Sec. 869. Responsibilities of inspectors general for overseas contingency operations. 

Sec. 870. Agency reports and inspector general audits of certain information on 

overseas contingency operations. 

Sec. 871. Oversight of contracts and contracting activities for overseas contingency operations in responsibilities of Chief Acquisition Officers 

of Federal agencies. 

Sec. 872. Reports on responsibility within Department of State and the United 

States Agency for International Development for contract support for overseas contingency operations. 

Sec. 873. Professional education for Department of State personnel on acquisition 

for Department of State support and participation in overseas 

contingency operations. 

Sec. 874. Database on price trends of items and services under Federal contracts. 

Sec. 875. Information on corporate contractor performance and integrity through 

the Federal Awardee Performance and Integrity Information 

System. 

Sec. 876. Inclusion of data on contractor performance in past performance databases for executive agency source selection decisions. 

Sec. 877. Public availability of database of senior Department of Defense officials 

seeking employment with defense contractors. 

Subtitle E—Other Matters 

Sec. 881. 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. 


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Sec. 881A. Additional bases for suspension or debarment. 

Sec. 882. Uniform contract writing system requirements. 

Sec. 883. Comptroller General of the United States review of use by the Department of Defense, the Department of State, and the United States 

Agency for International Development of urgent and compelling 

exception to competition. 

Sec. 884. Authority to provide fee-for-service inspection and testing by Defense 

Contract Management Agency for certain critical equipment in 

the absence of a procurement contract. 

Sec. 885. Disestablishment of Defense Materiel Readiness Board. 

Sec. 886. Modification of period of wait following notice to Congress of intent to 

contract for leases of certain vessels and vehicles. 

Sec. 887. Extension of other transaction authority. 

Sec. 888. Subcontractor notifications. 

Sec. 889. Report by the suspension and debarment officials of the military departments and the Defense Logistics Agency. 

Sec. 889A. Study on army small arms and ammunition acquisition. 

Sec. 889B. Annual report on defense contracting fraud. 

Sec. 889C. Plan to increase number of contractors eligible for contracts under Air 

Force NETCENTS-2 contract. 

Sec. 889D. Inclusion of information on common grounds for sustaining bid protests in annual Government Accountability Office reports to 

Congress. 

Sec. 889E. Small business HUBZones. 

Subtitle F—Ending Trafficking in Government Contracting 

Sec. 891. Short title. 

Sec. 892. Definitions. 

Sec. 893. Contracting requirements. 

Sec. 894. Compliance plan and certification requirement. 

Sec. 895. Monitoring and investigation of trafficking in persons. 

Sec. 896. Notification to inspectors general and cooperation with Government. 

Sec. 897. Expansion of fraud in foreign labor contracting to include attempted 

fraud and work outside the United States. 

Sec. 898. Improving Department of Defense accountability for reporting trafficking in persons claims and violations. 

Sec. 899. Rules of construction. 

TITLE IX—DEPARTMENT OF DEFENSE ORGANIZATION AND 

MANAGEMENT 

Subtitle A—Department of Defense Management 

Sec. 901. Definition and report on terms ‘‘preparation of the environment’’ and 

‘‘operational preparation of the environment’’ for joint doctrine 

purposes. 

Sec. 902. Expansion of duties and responsibilities of the Nuclear Weapons Council. 

Sec. 903. Failure of the Department of Defense to obtain audits with an unqualified opinion on its financial statements by fiscal year 2017. 

Sec. 904. Information for Deputy Chief Management Officer of the Department 

of Defense from the military departments and Defense Agencies 

for defense business system investment reviews. 


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Subtitle B—Space Activities 

Sec. 911. Operationally Responsive Space Program Office. 

Sec. 912. Commercial space launch cooperation. 

Sec. 913. Reports on integration of acquisition and capability delivery schedules 

for components for major satellite acquisition programs and 

funding for such programs. 

Sec. 914. Department of Defense representation in dispute resolution regarding 

surrender of Department of Defense bands of electromagnetic frequencies. 

Subtitle C—Intelligence-Related and Cyber Matters 

Sec. 921. Authority to provide geospatial intelligence support to security alliances 

and international and regional organizations. 

Sec. 922. Army Distributed Common Ground System. 

Sec. 923. Rationalization of cyber networks and cyber personnel of the Department of Defense. 

Sec. 924. Next-generation host-based cyber security system for the Department of 

Defense. 

Sec. 925. Improvements of security, quality, and competition in computer software procured by the Department of Defense. 

Sec. 926. Competition in connection with Department of Defense data link systems. 

Sec. 927. Integration of critical signals intelligence capabilities. 

Sec. 928. Collection and analysis of network flow data. 

Sec. 929. Department of Defense use of National Security Agency cloud computing database and intelligence community cloud computing 

infrastructure and services. 

Sec. 930. Electro-optical imagery. 

Sec. 931. Software licenses of the Department of Defense. 

Sec. 932. Defense Clandestine Service. 

Sec. 933. Authority for short-term extension of lease for aircraft supporting the 

Blue Devil intelligence, surveillance, and reconnaissance program. 

Sec. 934. Sense of Senate on potential security risks to Department of Defense 

networks. 

Sec. 935. Sense of Congress on the United States Cyber Command. 

Sec. 936. Reports to Department of Defense on penetrations of networks and information systems of certain contractors. 

Subtitle D—Other Matters 

Sec. 941. National Language Service Corps. 

Sec. 942. Report on education and training and promotion rates for pilots of remotely piloted aircraft. 

TITLE X—GENERAL PROVISIONS 

Subtitle A—Financial Matters 

Sec. 1001. General transfer authority. 

Sec. 1002. Authority to transfer funds to the National Nuclear Security Administration to sustain nuclear weapons modernization. 

Sec. 1003. Audit readiness of Department of Defense statements of budgetary resources. 

Sec. 1004. Report on effects of budget sequestration on the Department of Defense. 


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Sec. 1005. Report on balances carried forward by the Department of Defense at 

the end of fiscal year 2012. 

Sec. 1006. Transfer of certain fiscal year 2012 and 2013 funds. 

Subtitle B—Counter-Drug Activities 

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. 

Sec. 1013. Authority to support the unified counterdrug and counterterrorism 

campaign in Colombia. 

Sec. 1014. Quarterly reports on use of funds in the Drug Interdiction and 

Counter-Drug Activities, Defense-wide account. 

Subtitle C—Naval Vessels and Shipyards 

Sec. 1021. Retirement of naval vessels. 

Sec. 1022. Termination of a Maritime Prepositioning Ship squadron. 

Sec. 1023. Sense of Congress on recapitalization for the Navy and Coast Guard. 

Sec. 1024. Notice to Congress for the review of proposals to name naval vessels. 

Subtitle D—Counterterrorism 

Sec. 1031. Extension of certain prohibitions and requirements relating to detainees at United States Naval Station, Guantanamo Bay, Cuba. 

Sec. 1032. Prohibition on use of funds for the transfer or release of individuals 

from United States Naval Station, Guantanamo Bay, Cuba. 

Sec. 1033. Prohibition on the indefinite detention of citizens and lawful permanent residents. 

Subtitle E—Miscellaneous Authorities and Limitations 

Sec. 1041. Enhancement of responsibilities of the Chairman of the Joint Chiefs 

of Staff regarding the National Military Strategy. 

Sec. 1042. Modification of authority on training of special operations forces with 

friendly foreign forces. 

Sec. 1043. Extension of authority to provide assured business guarantees to carriers participating in Civil Reserve Air Fleet. 

Sec. 1044. Participation of veterans in the Transition Assistance Program of the 

Department of Defense. 

Sec. 1045. Modification of the Ministry of Defense Advisor Program. 

Sec. 1046. Interagency collaboration on unmanned aircraft systems. 

Sec. 1047. Sense of Senate on notice to Congress on unfunded priorities. 

Sec. 1048. Enhancement of authorities on admission of defense industry civilians 

to certain Department of Defense educational institutions and 

programs. 

Sec. 1049. Military working dog matters. 

Sec. 1050. Prohibition on funds to enter into contracts or agreements with 

Rosoboronexport. 

Sec. 1051. Sense of Congress on the Joint Warfighting Analysis Center. 

Sec. 1052. Transition Assistance Advisor program. 

Subtitle F—Reports 

Sec. 1061. Report on strategic airlift aircraft. 

Sec. 1062. Repeal of biennial report on the Global Positioning System. 


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Sec. 1063. Repeal of annual report on threat posed by weapons of mass destruction, ballistic missiles, and cruise missiles. 

Sec. 1064. Report on program on return of rare earth phosphors from Department of Defense fluorescent lighting waste to the domestic rare 

earth supply chain. 

Sec. 1065. Report on establishment of joint Armed Forces historical storage and 

preservation facility. 

Sec. 1066. Study on Bradley Fighting Vehicle industrial base. 

Sec. 1067. Report on military resources necessary to execute United States Force 

Posture Strategy in the Asia Pacific Region. 

Sec. 1068. Report on planned efficiency initiatives at Space and Naval Warfare 

Systems Command. 

Sec. 1069. Study on ability of national air and ground test and evaluation infrastructure facilities to support defense hypersonic test and evaluation activities. 

Sec. 1069A. Report on simulated tactical flight training in a sustained gravity 

environment. 

Sec. 1069B. Report on Department of Defense support for United States diplomatic security. 

Sec. 1069C. Comptroller General of the United States report on Department of 

Defense spending for conferences and conventions. 

Subtitle G—Nuclear Matters 

Sec. 1071. Strategic delivery systems. 

Sec. 1072. Requirements definition for combined warhead for certain missile systems. 

Sec. 1073. Congressional Budget Office estimate of costs of nuclear weapons and 

delivery systems. 

Sec. 1074. Briefings on dialogue between the United States and the Russian Federation on nuclear arms, missile defense, and long-range conventional strike systems. 

Subtitle H—Other Matters 

Sec. 1081. Redesignation of the Center for Hemispheric Defense Studies as the 

William J. Perry Center for Hemispheric Defense Studies. 

Sec. 1082. Technical amendments to repeal statutory references to United States 

Joint Forces Command. 

Sec. 1083. 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. 1084. Sense of Senate on the maintenance by the United States of a triad 

of strategic nuclear delivery systems. 

Sec. 1085. Plan to partner with State and local entities to address veterans 

claims backlog. 

Sec. 1086. Sense of the Senate on protection of Department of Defense airfields, 

training airspace, and air training routes. 

Sec. 1087. 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. 1088. Sense of Congress that the bugle call commonly known as Taps should 

be designated as the National Song of Military Remembrance. 

Sec. 1089. Reports on the potential security threat posed by Boko Haram. 

Sec. 1090. National Veterans Business Development Corporation. 

Sec. 1091. White Sands Missile Range and Fort Bliss. 


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Sec. 1092. Transport for female genital mutilation. 

Sec. 1093. Renewal of expired prohibition on return of veterans memorial objects 

without specific authorization in law. 

Sec. 1094. Transfer of excess aircraft to other departments. 

Sec. 1095. Reauthorization of sale of aircraft and parts for wildfire suppression 

purposes. 

Sec. 1096. Protection of veterans’ memorials. 

Sec. 1097. Transportation of individuals to and from facilities of Department of 

Veterans Affairs. 

Sec. 1098. National public awareness and participation campaign for Veterans’ 

History Project of American Folklife Center. 

Sec. 1099. Technical amendments relating to the termination of the Armed Forces 

Institute of Pathology under defense base closure and realignment. 

Sec. 1099A. Improved enumeration of members of the Armed Forces in any tabulation of total population by Secretary of Commerce. 

Sec. 1099B. 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. 1099C. Amendments to law enforcement officer safety provisions of title 18. 

Sec. 1099D. Modernization of absentee ballot mail delivery system. 

Sec. 1099E. State Trade and Export Promotion Grant Program. 

TITLE XI—CIVILIAN PERSONNEL MATTERS 

Sec. 1101. Authority for transportation of family household pets of civilian personnel during evacuation of non-essential personnel. 

Sec. 1102. Expansion of experimental personnel program for scientific and technical personnel at the Defense Advanced Research Projects Agency. 

Sec. 1103. One-year extension of discretionary authority to grant allowances, benefits, and gratuities to personnel on official duty in a combat 

zone. 

Sec. 1104. Federal Employees Retirement System age and retirement treatment 

for certain retirees of the Armed Forces. 

TITLE XII—MATTERS RELATING TO FOREIGN NATIONS 

Subtitle A—Assistance and Training 

Sec. 1201. Extension of authority to build the capacity of foreign military forces 

and modification of notice in connection with initiation of activities. 

Sec. 1202. Extension of authority for non-reciprocal exchange 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 availability of funds for State Partnership Program. 

Subtitle B—Matters Relating to Iraq, Afghanistan, and Pakistan 

Sec. 1211. Commanders’ Emergency Response Program in Afghanistan. 

Sec. 1212. Extension of authority to support operations and activities of the Office of Security Cooperation in Iraq. 

Sec. 1213. One-year extension and modification of authority to use funds for reintegration activities in Afghanistan. 


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Sec. 1214. One-year extension and modification of authority for program to develop and carry out infrastructure projects in Afghanistan. 

Sec. 1215. Extension of Pakistan Counterinsurgency Fund. 

Sec. 1216. Extension and modification of authority for reimbursement of certain 

coalition nations for support provided to United States military 

operations. 

Sec. 1217. Extension and modification of logistical support for coalition forces 

supporting certain United States military operations. 

Sec. 1218. Strategy for supporting the achievement of a secure presidential election in Afghanistan in 2014. 

Sec. 1219. Independent assessment of the Afghan National Security Forces. 

Sec. 1220. Report on Afghanistan Peace and Reintegration Program. 

Sec. 1221. Completion of accelerated transition of United States combat and military and security operations to the Government of Afghanistan. 

Sec. 1222. Sense of Congress commending the Enduring Strategic Partnership 

Agreement between the United States and Afghanistan. 

Sec. 1223. Congressional review of bilateral security agreement with Afghanistan. 

Sec. 1224. Authority to transfer defense articles and provide defense services to 

the military and security forces of Afghanistan and certain other 

countries. 

Subtitle C—Reports 

Sec. 1231. Review and reports on Department of Defense efforts to build the capacity of and partner with foreign security forces. 

Sec. 1232. Additional elements in annual report on military and security developments involving the People’s Republic of China. 

Sec. 1233. Report on implementation by Government of Bahrain of recommendations in Report of the Bahrain Independent Commission of Inquiry. 

Sec. 1234. Reports on Syria. 

Sec. 1235. Report on military activities to deny or significantly degrade the use 

of air power against civilian and opposition groups in Syria. 

Subtitle D—Other Matters 

Sec. 1241. Improved administration of the American, British, Canadian, and 

Australian Armies’ Program. 

Sec. 1242. United States participation in Headquarters Eurocorps. 

Sec. 1243. Department of Defense participation in European program on multilateral exchange of air transportation and air refueling services. 

Sec. 1244. Authority to establish program to provide assistance to foreign civilians for harm incident to combat operations of the Armed Forces 

in foreign countries. 

Sec. 1245. Sustainability requirements for certain capital projects in connection 

with overseas contingency operations. 

Sec. 1246. Efforts to remove Joseph Kony from power and end atrocities committed by the Lord’s Resistance Army. 

Sec. 1247. Imposition of sanctions with respect to support for the rebel group 

known as M23. 

Sec. 1248. Program on repair, overhaul, and refurbishment of defense articles for 

sale or transfer to eligible foreign countries and entities. 

Sec. 1249. Plan for promoting the security of Afghan women and girls during the 

security transition process. 

Sec. 1250. Sense of Congress on the Israeli Iron Dome defensive weapon system. 

Sec. 1251. Sense of the Senate on the situation in the Senkaku Islands. 


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Sec. 1252. Bilateral defense trade relationship with India. 

Subtitle E—Iran Sanctions 

Sec. 1261. Short title. 

Sec. 1262. Definitions. 

Sec. 1263. Declaration of policy on human rights. 

Sec. 1264. Imposition of sanctions with respect to the energy, shipping, and shipbuilding sectors of Iran. 

Sec. 1265. Imposition of sanctions with respect to the sale, supply, or transfer of 

certain materials to or from Iran. 

Sec. 1266. 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. 1267. Imposition of sanctions with respect to foreign financial institutions 

that facilitate financial transactions on behalf of specially designated nationals. 

Sec. 1268. Inclusion of the Islamic Republic of Iran Broadcasting on the list of 

human rights abusers. 

Sec. 1269. Imposition of sanctions with respect to persons engaged in the diversion of goods intended for the people of Iran. 

Sec. 1270. Waiver requirement related to exceptional circumstances preventing 

significant reductions in crude oil purchases. 

Sec. 1271. Statute of limitations for civil actions regarding terrorist acts. 

Sec. 1272. Report on use of certain Iranian seaports by foreign vessels and use 

of foreign airports by sanctioned Iranian air carriers. 

Sec. 1273. Implementation; penalties. 

Sec. 1274. Applicability to certain natural gas projects. 

Sec. 1275. Rule of construction. 

TITLE XIII—COOPERATIVE THREAT REDUCTION 

Sec. 1301. Specification of Cooperative Threat Reduction programs and funds. 

Sec. 1302. Funding allocations. 

TITLE XIV—OTHER AUTHORIZATIONS 

Subtitle A—Military Programs 

Sec. 1401. Working capital funds. 

Sec. 1402. National Defense Sealift Fund. 

Sec. 1403. Defense Health Program. 

Sec. 1404. Chemical Agents and Munitions Destruction, Defense. 

Sec. 1405. Drug Interdiction and Counter-Drug Activities, Defense-wide. 

Sec. 1406. Defense Inspector General. 

Subtitle B—National Defense Stockpile 

Sec. 1411. 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. 


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Subtitle D—Other Matters 

Sec. 1431. Authorization of appropriations for Armed Forces Retirement Home. 

Sec. 1432. Additional Weapons of Mass Destruction Civil Support Teams. 

Sec. 1433. Policy of the United States with respect to a domestic supply of critical and essential minerals. 

TITLE XV—AUTHORIZATION OF APPROPRIATIONS FOR OVERSEAS 

CONTINGENCY OPERATIONS 

Subtitle A—Authorization of 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. 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. 1534. Extension of authority on Task Force for Business and Stability Operations in Afghanistan. 

Sec. 1535. Assessments of training activities and intelligence activities of the 

Joint Improvised Explosive Device Defeat Organization. 

Sec. 1536. Submittal to Congress of risk assessments on changes in United States 

troop levels in Afghanistan. 

Sec. 1537. Report on insider attacks in Afghanistan and their effect on the 

United States transition strategy for Afghanistan. 

TITLE XVI—MILITARY COMPENSATION AND RETIREMENT 

MODERNIZATION COMMISSION 

Sec. 1601. Short title. 

Sec. 1602. Purpose. 

Sec. 1603. Definitions. 

Sec. 1604. Military Compensation and Retirement Modernization Commission. 

Sec. 1605. Commission hearings and meetings. 

Sec. 1606. Principles and procedure for Commission recommendations. 

Sec. 1607. Consideration of Commission recommendations by the President and 

Congress. 

Sec. 1608. Pay for members of the Commission. 

Sec. 1609. Executive Director. 


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Sec. 1610. Staff. 

Sec. 1611. Contracting authority. 

Sec. 1612. Judicial review precluded. 

Sec. 1613. Termination. 

Sec. 1614. Funding. 

TITLE XVII—NATIONAL COMMISSION ON THE STRUCTURE OF THE 

AIR FORCE 

Sec. 1701. Short title. 

Sec. 1702. Establishment of Commission. 

Sec. 1703. Duties of the Commission. 

Sec. 1704. Powers of the Commission. 

Sec. 1705. Commission personnel matters. 

Sec. 1706. Termination of the Commission. 

Sec. 1707. Funding. 

Sec. 1708. Limitation on availability of funds for reductions to the Air National 

Guard and the Air Force Reserve. 

Sec. 1709. Funding for maintenance of force structure of the Air Force pending 

Commission recommendations. 

Sec. 1710. Retention of core functions of the Electronic Systems Center at 

Hanscom Air Force Base pending future structure study. 

Sec. 1711. Air Force assessments of the effects of proposed movements of airframes 

on joint readiness training. 

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. 

TITLE XIX—MEMORIAL TO SLAVES AND FREE BLACK PERSONS 

WHO SERVED IN THE AMERICAN REVOLUTION 

Sec. 1901. Finding. 

Sec. 1902. Definitions. 

Sec. 1903. Memorial authorization. 

Sec. 1904. Repeal of joint resolutions. 


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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. Additional authority to carry out certain fiscal year 2013 project. 

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. 2208. Realignment of Marines in the Asia-Pacific Region. 

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. Extension of authorization of certain fiscal year 2010 project. 

Sec. 2405. Modification of authority to carry out certain fiscal year 2012 project. 

Sec. 2406. Additional authority to carry out certain fiscal year 2013 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. 


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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 

projects. 

Sec. 2606. Authorization of appropriations, National Guard and Reserve. 

Subtitle B—Other Matters 

Sec. 2611. Extension of authorization of certain fiscal year 2009 project. 

Sec. 2612. Extension of authorization of certain fiscal year 2010 projects. 

Sec. 2613. Modification of authority to carry out certain fiscal year 2011 project. 

TITLE XXVII—BASE REALIGNMENT AND CLOSURE ACTIVITIES 

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. 

Sec. 2703. Technical amendments to section 2702 of fiscal year 2012 Act. 

Sec. 2704. Criteria for decisions involving certain base closure and realignment 

activities. 

Sec. 2705. Modification of notice requirements in advance of permanent reduction 

of sizable numbers of members of the Armed Forces at military 

installations. 

Sec. 2706. Report on reorganization of Air Force Materiel Command organizations. 

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. Comptroller General report on in-kind payments. 

Sec. 2803. Extension of temporary, limited authority to use operation and maintenance funds for construction projects in certain areas outside 

the United States. 

Subtitle B—Real Property and Facilities Administration 

Sec. 2811. Authority to accept as consideration for leases of non-excess property 

of military departments and Defense Agencies real property interests and natural resource management services related to 

agreements to limit encroachment. 

Sec. 2812. Clarification of parties with whom Department of Defense may conduct exchanges of real property at military installations. 


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Subtitle C—Energy Security 

Sec. 2821. Guidance on financing for renewable energy projects. 

Sec. 2822. Continuation of limitation on use of funds for Leadership in Energy 

and Environmental Design (LEED) Gold or Platinum certification. 

Subtitle D—Land Conveyances 

Sec. 2831. Land conveyance, local training area for Browning Army Reserve 

Center, Utah. 

Sec. 2832. Use of proceeds, land conveyance, Tyndall Air Force Base, Florida. 

Subtitle E—Other Matters 

Sec. 2841. Clarification of authority of Secretary to assist with development of 

public infrastructure in connection with the establishment or expansion of a military installation. 

Sec. 2842. Petersburg National Battlefield boundary modification. 

Sec. 2843. Congressional notification with respect to oversight and maintenance 

of base cemeteries following closure of overseas military installations. 

Sec. 2844. Additional exemptions from certain requirements applicable to funding 

for data servers and centers. 

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. Replacement project for Chemistry and Metallurgy Research Building, 

Los Alamos National Laboratory, New Mexico. 

Sec. 3112. Submittal to Congress of selected acquisition reports and independent 

cost estimates on nuclear weapon systems undergoing life extension. 

Sec. 3113. Two-year extension of schedule for disposition of weapons-usable plutonium at Savannah River Site, Aiken, South Carolina. 

Sec. 3114. Program on scientific engagement for nonproliferation. 

Sec. 3115. Repeal of requirement for annual update of Department of Energy defense nuclear facilities workforce restructuring plan. 

Sec. 3116. Quarterly reports to Congress on financial balances for atomic energy 

defense activities. 

Sec. 3117. Transparency in contractor performance evaluations by the National 

Nuclear Security Administration leading to award fees. 

Sec. 3118. Expansion of authority to establish certain scientific, engineering, and 

technical positions. 


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Sec. 3119. 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. 3120. Cost containment for Y–12 Uranium Processing Facility, Y–12 National Security Complex, Oak Ridge, Tennessee. 

Sec. 3121. Authority to restore certain formerly Restricted Data to the Restricted 

Data category. 

Sec. 3122. Renewable energy. 

Subtitle C—Reports 

Sec. 3131. Report on actions required for transition of regulation of non-nuclear 

activities of the National Nuclear Security Administration to 

other Federal agencies. 

Sec. 3132. Report on consolidation of facilities of the National Nuclear Security 

Administration. 

Sec. 3133. Regional radiological security zones. 

Sec. 3134. Report on legacy uranium mines. 

Sec. 3135. Comptroller General of the United States review of projects carried out 

by Office of Environmental Management of the Department of 

Energy pursuant to the American Recovery and Reinvestment 

Act of 2009. 

Subtitle D—Other Matters 

Sec. 3141. Sense of Congress on oversight of the nuclear security enterprise. 

Subtitle E—American Medical Isotopes Production 

Sec. 3151. Short title. 

Sec. 3152. Definitions. 

Sec. 3153. Improving the reliability of domestic medical isotope supply. 

Sec. 3154. Exports. 

Sec. 3155. Report on disposition of exports. 

Sec. 3156. Domestic medical isotope production. 

Sec. 3157. Annual Department reports. 

Sec. 3158. National Academy of Sciences report. 

Sec. 3159. Repeal. 

Subtitle F—Other Matters 

Sec. 3161. Congressional advisory panel on the governance structure of the National Nuclear Security Administration and its relationship to 

other Federal agencies. 

TITLE XXXII—DEFENSE NUCLEAR FACILITIES SAFETY BOARD 

Sec. 3201. Authorization. 

TITLE XXXV—MARITIME ADMINISTRATION 

Sec. 3501. Short title. 

Sec. 3502. Container-on-barge transportation. 

Sec. 3503. Short sea transportation. 

Sec. 3504. Maritime environmental and technical assistance. 

Sec. 3505. Identification of actions to enable qualified United States flag capacity 

to meet national defense requirements. 


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Sec. 3506. Maritime workforce study. 

Sec. 3507. Maritime administration vessel recycling contract award practices. 

Sec. 3508. Requirement for barge design. 

Sec. 3509. Eligibility to receive surplus training equipment. 

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. 

TITLE XLVII—DEPARTMENT OF ENERGY NATIONAL SECURITY 

PROGRAMS 

Sec. 4701. Department of Energy national security authorizations. 

DIVISION E—HOUSING ASSISTANCE FOR VETERANS 

TITLE L—HOUSING ASSISSTANCE FOR VETERANS 

Sec. 5001. Short title. 

Sec. 5002. Definitions. 

Sec. 5003. Establishment of a pilot program. 

DIVISION F—STOLEN VALOR ACT 

TITLE LI—STOLEN VALOR ACT 

Sec. 5011. Short title. 

Sec. 5012. Findings. 

Sec. 5013. Military medals or decorations. 

Sec. 5014. Severability. 


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DIVISION G—MISCELLANEOUS 

TITLE LII—MISCELLANEOUS 

Sec. 5021. Public Safety Officers’ Benefits Program. 

Sec. 5022. Scientific framework for recalcitrant cancers. 

Sec. 5023. United States Advisory Commission on Public Diplomacy. 

Sec. 5024. Removal of action. 

TITLE LIII—GAO MANDATES REVISION ACT 

Subtitle A—GAO Mandates Revision Act 

Sec. 5301. Short title. 

Sec. 5302. Repeals and modifications. 

Subtitle B—Improper Payments Elimination and Recovery Improvement Act 

Sec. 5311. Short title. 

Sec. 5312. Definitions. 

Sec. 5313. Improving the determination of improper payments by Federal agencies. 

Sec. 5314. Improper payments information. 

Sec. 5315. Do not pay initiative. 

Sec. 5316. Improving recovery of improper payments. 

Subtitle C—Sense of Congress Regarding Spectrum. 

Sec. 5317. Sense of Congress regarding spectrum. 

1 SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES. 

2 For purposes of this Act, the term ‘‘congressional de3 fense committees’’ has the meaning given that term in sec4 tion 101(a)(16) of title 10, United States Code. 

5 SEC. 4. SCORING OF BUDGETARY EFFECTS. 

6 The budgetary effects of this Act, for the purpose of 

7 complying with the Statutory Pay-As-You-Go-Act of 2010, 

8 shall be determined by reference to the latest statement titled 

9 ‘‘Budgetary Effects of PAYGO Legislation’’ for this Act, 

10 submitted for printing in the Congressional Record by the 

11 Chairman of the Senate Budget Committee, provided that 


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1 such statement has been submitted prior to the vote on pas2 sage. 

3 DIVISION A—DEPARTMENT OF 

4 DEFENSE AUTHORIZATIONS 

5 TITLE I—PROCUREMENT 

6 Subtitle A—Authorization of 

7 Appropriations 

8 SEC. 101. AUTHORIZATION OF APPROPRIATIONS. 

9 Funds are hereby authorized to be appropriated for fis10 cal year 2013 for procurement for the Army, the Navy and 

11 the Marine Corps, the Air Force, and Defense-wide activi12 ties, as specified in the funding table in section 4101. 

13 Subtitle B—Army Programs 

14 SEC. 111. MULTIYEAR PROCUREMENT AUTHORITY FOR 

15 ARMY CH–47F HELICOPTERS. 

16 (a) AUTHORITY FOR MULTIYEAR PROCUREMENT.— 

17 Subject to section 2306b of title 10, United States Code, the 

18 Secretary of the Army may enter into a multiyear contract 

19 or contracts, beginning with the fiscal year 2013 program 

20 year, for the procurement of airframes for CH–47F heli21 copters. 

22 (b) CONDITION FOR OUT-YEAR CONTRACT PAY23 MENTS.—A contract entered into under subsection (a) shall 

24 provide that any obligation of the United States to make 

25 a payment under the contract for a fiscal year after fiscal 


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1 year 2013 is subject to the availability of appropriations 

2 for that purpose for such later fiscal year. 

3 Subtitle C—Navy Programs 

4 SEC. 121. REFUELING AND COMPLEX OVERHAUL OF THE 

5 U.S.S. ABRAHAM LINCOLN. 

6 (a) AMOUNT AUTHORIZED FROM SCN ACCOUNT.—Of 

7 the amount authorized to be appropriated for fiscal year 

8 2013 by section 101 and available for shipbuilding and con9 version as specified in the funding table in section 4101, 

10 $1,613,392,000 is authorized to be available for the com11 mencement of the nuclear refueling and complex overhaul 

12 of the U.S.S. Abraham Lincoln (CVN–72) during fiscal 

13 year 2013. The amount authorized to be made available in 

14 the preceding sentence is the first increment in the two-year 

15 sequence of incremental funding planned for the nuclear re16 fueling and complex overhaul of that vessel. 

17 (b) CONTRACT AUTHORITY.—The Secretary of the 

18 Navy may enter into a contract during fiscal year 2013 

19 for the nuclear refueling and complex overhaul of the U.S.S. 

20 Abraham Lincoln. 

21 (c) CONDITION FOR OUT-YEAR CONTRACT PAY22 MENTS.—A contract entered into under subsection (b) shall 

23 provide that any obligation of the United States to make 

24 a payment under the contract for a fiscal year after fiscal 


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1 year 2013 is subject to the availability of appropriations 

2 for that purpose for that later fiscal year. 

3 SEC. 122. FORD CLASS AIRCRAFT CARRIERS. 

4 (a) CONTRACT AUTHORITY FOR CONSTRUCTION OF

5 AIRCRAFT CARRIERS DESIGNATED CVN–78, CVN–79, AND

6 CVN–80.—In the fiscal year immediately following the last 

7 fiscal year of the contract for advance procurement for a 

8 CVN–21 class aircraft carrier designated CVN–78, CVN– 

9 79 or CVN–80, the Secretary of the Navy may enter into 

10 a contract for the construction of such aircraft carrier to 

11 be funded in the fiscal year of such contract for construction 

12 and the succeeding four fiscal years, in the case of the vessel 

13 designated CVN–78, and the succeeding five fiscal years, in 

14 the case of the vessels designated CVN–79 and CVN–80. 

15 (b) CONDITION FOR OUT-YEAR CONTRACT PAY16 MENTS.—A contract entered into under subsection (a) shall 

17 provide that any obligation of the United States to make 

18 a payment under the contract for any subsequent fiscal year 

19 is subject to the availability of appropriations for that pur20 pose for such subsequent fiscal year. 

21 (c) REPEAL OF SUPERSEDED PROVISION.—Section 

22 121 of the John Warner National Defense Authorization Act 

23 for Fiscal Year 2007 (Public Law 109–364; 120 Stat. 2104) 

24 is repealed. 


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1 SEC. 123. LIMITATION ON AVAILABILITY OF AMOUNTS FOR 

2 SECOND FORD CLASS AIRCRAFT CARRIER. 

3 (a) LIMITATION.—Of the amount authorized to be ap4 propriated for fiscal year 2013 by section 101 and available 

5 for shipbuilding and conversion for the second Ford class 

6 aircraft carrier as specified in the funding table in section 

7 4101, not more than 50 percent of such amount may be 

8 obligated or expended until the Secretary of the Navy sub9 mits to the congressional defense committees a report setting 

10 forth a description of the program management and cost 

11 control measures that will be employed in constructing the 

12 second Ford class aircraft carrier. 

13 (b) ELEMENTS.—The report described in subsection (a) 

14 shall include a plan to do the following with respect to the 

15 Ford class aircraft carriers: 

16 (1) To maximize planned work in shops and 

17 early stages of construction. 

18 (2) To sequence construction of structural units 

19 to maximize the effects of lessons learned. 

20 (3) To incorporate design changes to improve 

21 producibility for the Ford class aircraft carriers. 

22 (4) To increase the size of erection units to elimi23 nate disruptive unit breaks and improve unit align24 ment and fairness. 

25 (5) To increase outfitting levels for assembled 

26 units before erection in the dry-dock. 


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1 (6) To increase overall ship completion levels at 

2 each key construction event. 

3 (7) To improve facilities in a manner that will 

4 lead to improved productivity. 

5 (8) To ensure the shipbuilder initiates plans that 

6 will improve productivity through capital improve7 ments that would provide targeted return on invest8 ment, including— 

9 (A) increasing the amount of temporary 

10 and permanent covered work areas; 

11 (B) adding ramps and service towers for 

12 improved access to work sites and the dry-dock; 

13 and 

14 (C) increasing lift capacity to enable con15 struction of larger, more fully outfitted super16 lifts. 

17 SEC. 124. MULTIYEAR PROCUREMENT AUTHORITY FOR VIR18 GINIA CLASS SUBMARINE PROGRAM. 

19 (a) AUTHORITY FOR MULTIYEAR PROCUREMENT.— 

20 Subject to section 2306b of title 10, United States Code, the 

21 Secretary of the Navy may enter into multiyear contracts, 

22 beginning with the fiscal year 2014 program year, for pro23 curement of Virginia class submarines and Government24 furnished equipment associated with the Virginia class sub25 marine program. 


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1 (b) AUTHORITY FOR ADVANCE PROCUREMENT.—The 

2 Secretary may enter into one or more contracts, beginning 

3 in fiscal year 2013, for advance procurement associated 

4 with the vessels and equipment for which authorization to 

5 enter into a multiyear procurement contract is provided 

6 under subsection (a). 

7 (c) CONDITION FOR OUT-YEAR CONTRACT PAY8 MENTS.—A contract entered into under subsection (a) shall 

9 provide that any obligation of the United States to make 

10 a payment under the contract for a fiscal year after fiscal 

11 year 2013 is subject to the availability of appropriations 

12 or funds for that purpose for such later fiscal year. 

13 (d) LIMITATION ON TERMINATION LIABILITY.—con14 tract for construction of vessels or equipment, entered into 

15 in accordance with subsection (a) shall include a clause that 

16 limits the liability of the Government to the contractor for 

17 any termination of the contract. The maximum liability 

18 of the Government under the clause shall be the amount ap19 propriated for the vessels or equipment covered by the con20 tract. Additionally, in the event of cancellation, the max21 imum liability of the Government shall include the amount 

22 of the unfunded cancellation ceiling in the contract. 

23 (e) AUTHORITY TO EXPAND MULTIYEAR PROCURE24 MENT.—The Secretary may employ incremental funding for 

25 the procurement of Virginia class submarines and GovernVerDate Mar 15 2010 01:32 Dec 07, 2012 Jkt 029200 PO 00000 Frm 00032 Fmt 6652 Sfmt 6203 E:\SENENR\H4310.PP H4310

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1 ment-furnished equipment associated with the Virginia 

2 class submarines to be procured during fiscal years 2013 

3 through 2018 if the Secretary— 

4 (1) determines that such an approach will per5 mit the Navy to procure an additional Virginia class 

6 submarine in fiscal year 2014; and 

7 (2) intends to use the funding for that purpose. 

8 SEC. 125. MULTIYEAR PROCUREMENT AUTHORITY FOR 

9 ARLEIGH BURKE CLASS DESTROYERS AND AS10 SOCIATED SYSTEMS. 

11 (a) AUTHORITY FOR MULTIYEAR PROCUREMENT.— 

12 Subject to section 2306b of title 10, United States Code, the 

13 Secretary of the Navy may enter into multiyear contracts, 

14 beginning with the fiscal year 2013 program year, for the 

15 procurement of up to 10 Arleigh Burke class Flight IIA 

16 guided missile destroyers, as well as the AEGIS Weapon 

17 Systems, MK 41 Vertical Launching Systems, and Commer18 cial Broadband Satellite Systems associated with those ves19 sels. 

20 (b) AUTHORITY FOR ADVANCE PROCUREMENT.—The 

21 Secretary may enter into one or more contracts, beginning 

22 in fiscal year 2013, for advance procurement associated 

23 with the vessels and systems for which authorization to 

24 enter into a multiyear procurement contract is provided 

25 under subsection (a). 


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1 (c) CONDITION FOR OUT-YEAR CONTRACT PAY2 MENTS.—A contract entered into under subsection (a) shall 

3 provide that any obligation of the United States to make 

4 a payment under the contract for a fiscal year after fiscal 

5 year 2013 is subject to the availability of appropriations 

6 or funds for that purpose for such later fiscal year. 

7 SEC. 126. AUTHORITY FOR RELOCATION OF CERTAIN AEGIS 

8 WEAPON SYSTEM ASSETS BETWEEN AND 

9 WITHIN THE DDG–51 CLASS DESTROYER AND 

10 AEGIS ASHORE PROGRAMS IN ORDER TO 

11 MEET MISSION REQUIREMENTS. 

12 (a) AUTHORITY.— 

13 (1) TRANSFER TO AEGIS ASHORE SYSTEM.—Not14 withstanding any other provision of law, the Sec15 retary of the Navy may transfer AEGIS Weapon Sys16 tem (AWS) equipment with ballistic missile defense 

17 (BMD) capability to the Missile Defense Agency for 

18 use in the AEGIS Ashore System of the Agency for 

19 installation in the country designated as Host Nation 

20 #1 (HN–1) by transferring to the Agency such equip21 ment procured with amounts authorized to be appro22 priated to the SCN account for fiscal years 2010 and 

23 2011 for the DDG–51 Class Destroyer Program. 

24 (2) ADJUSTMENTS IN EQUIPMENT DELIVERIES.— 


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1 (A) USE OF FY12 FUNDS FOR AWS SYSTEMS

2 ON DESTROYERS PROCURED WITH FY11 FUNDS.— 

3 Amounts authorized to be appropriated to the 

4 SCN account for fiscal year 2012, and any 

5 AEGIS Weapon System assets procured with 

6 such amounts, may be used to deliver complete, 

7 mission-ready AEGIS Weapon Systems with bal8 listic missile defense capability to any DDG–51 

9 class destroyer for which amounts were author10 ized to be appropriated for the SCN account for 

11 fiscal year 2011. 

12 (B) USE OF AWS SYSTEMS PROCURED WITH

13 RDTE FUNDS ON DESTROYERS.—The Secretary 

14 may install on any DDG–51class destroyer 

15 AEGIS weapon systems with ballistic missile de16 fense capability transferred pursuant to para17 graph (3). 

18 (3) TRANSFER FROM AEGIS ASHORE SYSTEM.— 

19 The Director of the Missile Defense Agency shall 

20 transfer AEGIS Weapon System equipment with bal21 listic missile defense capability procured for installa22 tion in the AEGIS Ashore System to the Department 

23 of the Navy for the DDG–51 Class Destroyer Program 

24 to replace any equipment transferred to Agency under 

25 paragraph (1). 


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1 (4) TREATMENT OF TRANSFER IN FUNDING DE2 STROYER CONSTRUCTION.—Notwithstanding the 

3 source of funds for any equipment transferred under 

4 paragraph (3), the Secretary shall fund all work nec5 essary to complete construction and outfitting of any 

6 destroyer in which such equipment is installed in the 

7 same manner as if such equipment had been acquired 

8 using amounts in the SCN account. 

9 (5) SCN ACCOUNT DEFINED.—In this subsection, 

10 the term ‘‘SCN account’’ means the Shipbuilding and 

11 Conversion, Navy account. 

12 (b) RELATIONSHIP TO OTHER LAW.—Nothing in this 

13 section shall be construed to repeal or otherwise modify in 

14 any way the limitation on obligation or expenditure of 

15 funds for missile defense interceptors in Europe as specified 

16 in section 223 of the Ike Skelton National Defense Author17 ization Act for Fiscal Year 2011 Public Law 111–383; 124 

18 Stat. 4168). 

19 SEC. 127. DESIGNATION OF MISSION MODULES OF THE LIT20 TORAL COMBAT SHIP AS A MAJOR DEFENSE 

21 ACQUISITION PROGRAM. 

22 (a) DESIGNATION REQUIRED.—The Secretary of De23 fense shall— 

24 (1) designate the effort to develop and produce 

25 all variants of the mission modules in support of the 


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1 Littoral Combat Ship program as a major defense ac2 quisition program under section 2430 of title 10, 

3 United States Code; and 

4 (2) with respect to the development and produc5 tion of each variant, submit to the congressional de6 fense committees a report setting forth such cost, 

7 schedule, and performance information as would be 

8 provided if such effort were a major defense acquisi9 tion program, including Selected Acquisition Reports, 

10 unit cost reports, and program baselines. 

11 (b) ADDITIONAL QUARTERLY REPORTS.—The Sec12 retary shall submit to the congressional defense committees 

13 on a quarterly basis a report on the development and pro14 duction of each variant of the mission modules in support 

15 of the Littoral Combat Ship, including cost, schedule, and 

16 performance, and identifying actual and potential problems 

17 with such development or production and potential mitiga18 tion plans to address such problems. 

19 SEC. 128. TRANSFER OF CERTAIN FISCAL YEAR 2012 PRO20 CUREMENT OF AMMUNITION, NAVY AND MA21 RINE CORPS FUNDS. 

22 (a) IN GENERAL.—To the extent provided in appro23 priations Acts, the Secretary of the Navy may transfer from 

24 fiscal year 2012 Procurement of Ammunition, Navy and 


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1 Marine Corps funds, $88,300,000 to other, higher priority 

2 programs of the Navy and the Marine Corps. 

3 (b) COVERED FUNDS.—For purposes of this section, 

4 the term ‘‘fiscal year 2012 Procurement of Ammunition, 

5 Navy and Marine Corps funds’’ means amounts authorized 

6 to be appropriated for fiscal year 2012 by section 101 of 

7 the National Defense Authorization Act for Fiscal Year 

8 2012 (Public Law 112–81; 125 Stat. 1317) and available 

9 for Procurement of Ammunition, Navy and Marine Corps 

10 as specified in the funding table in section 4101 of that 

11 Act. 

12 (c) EFFECT ON AUTHORIZATION AMOUNTS.—A trans13 fer made from one account to another under the authority 

14 of this section shall be deemed to increase the amount au15 thorized for the account to which the amount is transferred 

16 by an amount equal to the amount transferred. 

17 (d) CONSTRUCTION OF AUTHORITY.—The transfer au18 thority in this section is in addition to any other transfer 

19 authority provided in this Act. 

20 SEC. 129. TRANSFER OF CERTAIN FISCAL YEAR 2012 PRO21 CUREMENT, MARINE CORPS FUNDS FOR PRO22 CUREMENT OF WEAPONS AND COMBAT VEHI23 CLES. 

24 (a) IN GENERAL.—To the extent provided in appro25 priations Acts, the Secretary of the Navy may transfer from 


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1 fiscal year 2012 Procurement, Marine Corps funds for pro2 curement of weapons and combat vehicles, $135,200,000 to 

3 other, higher priority programs of the Navy and the Marine 

4 Corps. 

5 (b) COVERED FUNDS.—For purposes of this section, 

6 the term ‘‘fiscal year 2012 Procurement, Marine Corps 

7 funds for procurement of weapons and combat vehicles’’ 

8 means amounts authorized to be appropriated for fiscal 

9 year 2012 by section 101 of the National Defense Authoriza10 tion Act for Fiscal Year 2012 (Public Law 112–81; 125 

11 Stat. 1317) and available for Procurement, Marine Corps 

12 for the procurement of weapons and combat vehicles as spec13 ified in the funding table in section 4101 of that Act. 

14 (c) EFFECT ON AUTHORIZATION AMOUNTS.—A trans15 fer made from one account to another under the authority 

16 of this section shall be deemed to increase the amount au17 thorized for the account to which the amount is transferred 

18 by an amount equal to the amount transferred. 

19 (d) CONSTRUCTION OF AUTHORITY.—The transfer au20 thority in this section is in addition to any other transfer 

21 authority provided in this Act. 

22 SEC. 130. SENSE OF CONGRESS ON MARINE CORPS AMPHIB23 IOUS LIFT AND PRESENCE REQUIREMENTS. 

24 (a) FINDINGS.—Congress makes the following findings: 


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1 (1) The United States Marine Corps is a combat 

2 force which leverages maneuver from the sea as a force 

3 multiplier allowing for a variety of operational tasks 

4 ranging from major combat operations to humani5 tarian assistance. 

6 (2) The United States Marine Corps is unique in 

7 that, while embarked upon Naval vessels, they bring 

8 all the logistic support necessary for the full range of 

9 military operations, operating ‘‘from the sea’’ they re10 quire no third party host nation permission to con11 duct military operations. 

12 (3) The Department of the Navy has a require13 ment for 38 amphibious assault ships to meet this full 

14 range of military operations. 

15 (4) Due to fiscal constraints only, that require16 ment of 38 vessels was reduced to 33 vessels, which 

17 adds military risk to future operations. 

18 (5) The Department of the Navy has been unable 

19 to meet even the minimal requirement of 30 oper20 ationally available vessels and has submitted a ship21 building and ship retirement plan to Congress which 

22 will reduce the force to 28 vessels. 

23 (6) Experience has shown that early engineering 

24 and design of naval vessels has significantly reduced 


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1 the acquisition costs and life-cycle costs of those ves2 sels. 

3 (b) SENSE OF CONGRESS.—It is the sense of Congress 

4 that— 

5 (1) the Department of Defense should carefully 

6 evaluate the maritime force structure necessary to exe7 cute demand for forces by the commanders of the com8 batant commands; 

9 (2) the Department of the Navy carefully evalu10 ate amphibious lift capabilities to meet current and 

11 projected requirements; 

12 (3) the Department of the Navy should consider 

13 prioritization of investment in and procurement of 

14 the next generation of amphibious assault ships, as a 

15 component of the balanced battle force; 

16 (4) the next generation amphibious assault ships 

17 should maintain survivability protection; 

18 (5) operation and maintenance requirements 

19 analysis, as well as the potential to leverage a com20 mon hull form design, should be considered to reduce 

21 total ownership cost and acquisition cost; and 

22 (6) maintaining a robust amphibious ship build23 ing industrial base is vital for the future of the na24 tional security of the United States. 


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1 SEC. 131. SENSE OF SENATE ON DEPARTMENT OF NAVY FIS2 CAL YEAR 2014 BUDGET REQUEST FOR TAC3 TICAL AVIATION AIRCRAFT. 

4 It is the sense of Senate that, if the budget request of 

5 the Department of the Navy for fiscal year 2014 for F–18 

6 aircraft includes a request for funds for more than 13 new 

7 F–18 aircraft, the budget request of the Department of the 

8 Navy for fiscal year 2014 for F–35 aircraft should include 

9 a request for funds for not fewer than 6 F–35B aircraft 

10 and 4 F–35C aircraft, presuming that development, testing, 

11 and production of the F–35 aircraft are proceeding accord12 ing to current plans. 

13 SEC. 132. SPIDERNET/SPECTRAL WARRIOR HARDWARE. 

14 (a) ADDITIONAL AMOUNT FOR OTHER PROCUREMENT, 

15 NAVY.—The amount authorized to be appropriated for fis16 cal year 2013 by section 101 is hereby increased by 

17 $2,000,000, with the amount of the increase to be available 

18 for amounts authorized to be appropriated by that section 

19 and available for other procurement, Navy, Satellite Com20 munications, line 085, Satellite Communications Systems, 

21 as specified in the funding table in section 4101. 

22 (b) AVAILABILITY OF AMOUNT.—To the extent pro23 vided in appropriations Acts, the amount authorized and 

24 made available by subsection (a) may be obligated and ex25 pended for a new program to procure SPIDERNet/Spectral 

26 Warrior Hardware and installation in order to provide a 


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1 cloud network for Spectral Warrior terminals in support 

2 of requirements of the commanders of the combatant com3 mands. 

4 Subtitle D—Air Force Programs 

5 SEC. 141. REDUCTION IN NUMBER OF AIRCRAFT REQUIRED 

6 TO BE MAINTAINED IN STRATEGIC AIRLIFT 

7 AIRCRAFT INVENTORY. 

8 (a) REDUCTION IN INVENTORY REQUIREMENT.—Sec9 tion 8062(g)(1) of title 10, United States Code, is amend10 ed— 

11 (1) by striking ‘‘Effective October 1, 2011, the’’ 

12 and inserting ‘‘The’’; and 

13 (2) by striking ‘‘301 aircraft’’ and inserting 

14 ‘‘275 aircraft’’. 

15 (b) MODIFICATION OF CERTIFICATION REQUIRE16 MENT.—Section 137(d)(3)(B) of the National Defense Au17 thorization Act for Fiscal Year 2010 (Public Law 111–84; 

18 123 Stat. 2221) is amended by striking ‘‘316 strategic air19 lift aircraft’’ and inserting ‘‘275 strategic airlift aircraft’’. 

20 (c) PRESERVATION OF CERTAIN RETIRED C–5 AIR21 CRAFT.—The Secretary of the Air Force shall preserve each 

22 C–5 aircraft retired by the Secretary after September 30, 

23 2012, such that the aircraft— 

24 (1) is stored in flyable condition; 

25 (2) can be returned to service; and 


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1 (3) is not used to supply parts to other aircraft 

2 unless specifically authorized by the Secretary of De3 fense upon a request by the Secretary of the Air 

4 Force. 

5 SEC. 142. TREATMENT OF CERTAIN PROGRAMS FOR THE F– 

6 22A RAPTOR AIRCRAFT AS MAJOR DEFENSE 

7 ACQUISITION PROGRAMS. 

8 (a) IN GENERAL.—The Secretary of Defense shall treat 

9 the programs referred to in subsection (b) for the F–22A 

10 Raptor aircraft as a major defense acquisition program for 

11 which Selected Acquisition Reports shall be submitted to 

12 Congress in accordance with the requirements of section 

13 2432 of title 10, United States Code. 

14 (b) COVERED PROGRAMS.—The programs referred to 

15 in this subsection for the F–22A Raptor aircraft are the 

16 following: 

17 (1) Any modernization program through Incre18 ment 3.2A. 

19 (2) The Reliability and Maintainability Matura20 tion Program (RAMMP) and the Structural Repair 

21 Program (SRP II). 

22 (3) The modernization Increment 3.2B and any 

23 future F–22A Raptor aircraft modernization program 

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1 gram for purposes of chapter 144 of title 10, United 

2 States Code. 

3 SEC. 143. AVIONICS SYSTEMS FOR C–130 AIRCRAFT. 

4 (a) LIMITATIONS.— 

5 (1) AVIONICS MODERNIZATION PROGRAM.—The 

6 Secretary of the Air Force shall take no action to can7 cel or modify the Avionics Modernization Program 

8 (AMP) for the C–130 aircraft until 30 days after the 

9 date of the submittal to the congressional defense com10 mittees of the report required by subsection (b). 

11 (2) CNS/ATM PROGRAM.— 

12 (A) IN GENERAL.—The Secretary shall take 

13 no action described in subparagraph (B) until 

14 30 days after the date of the submittal to the 

15 congressional defense committees of the report re16 quired by subsection (b). 

17 (B) COVERED ACTIONS.—An action de18 scribed in this subparagraph is an action to 

19 begin an alternative communication, navigation, 

20 surveillance, and air traffic management (CNS/ 

21 ATM) program for the C–130 aircraft that is de22 signed or intended— 

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1 fic management standards for the fleet of C– 

2 130 aircraft; or 

3 (ii) to replace the current Avionics 

4 Modernization Program for the C–130 air5 craft. 

6 (b) REPORT.—Not later than 30 days after the date 

7 of the enactment of this Act, the Secretary of Defense shall 

8 submit to the congressional defense committees report on the 

9 results of a study to be conducted by the Office of Cost As10 sessment and Program Evaluation of the Department of De11 fense on the following: 

12 (1) The costs and schedule to complete the cur13 rent program of record for the Avionics Moderniza14 tion Program for the C–130 aircraft, as anticipated 

15 at the time of the last certification on that program 

16 under section 2433a of title 10, United States Code. 

17 (2) The total cost and schedule, from start to 

18 completion, of any proposed alternative communica19 tion, navigation, surveillance, and air traffic manage20 ment program for the C–130 aircraft. 

21 (3) The projected manpower savings to be de22 rived from the current program of record for the Avi23 onics Modernization Program for the C–130 aircraft 

24 in comparison with the projected manpower savings 

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1 nication, navigation, surveillance, and air traffic 

2 management program for the C–130 aircraft. 

3 SEC. 144. PROCUREMENT OF SPACE-BASED INFRARED SYS4 TEM SATELLITES. 

5 (a) CONTRACT AUTHORITY.— 

6 (1) IN GENERAL.—The Secretary of the Air 

7 Force may procure two space-based infrared system 

8 satellites by entering into a fixed-price contract for 

9 such procurement. 

10 (2) COST REDUCTION.—The Secretary may in11 clude in a contract entered into under paragraph (1) 

12 the following: 

13 (A) The procurement of material and equip14 ment in economic order quantities if the procure15 ment of such material and equipment in such 

16 quantities will result in cost savings. 

17 (B) Cost reduction initiatives. 

18 (3) USE OF INCREMENTAL FUNDING.—The Sec19 retary may use incremental funding for a contract 

20 entered into under paragraph (1) for a period not to 

21 exceed six fiscal years. 

22 (4) LIABILITY.—A contract entered into under 

23 paragraph (1) shall provide that— 

24 (A) any obligation of the United States to 

25 make a payment under the contract is subject to 


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1 the availability of appropriations for that pur2 pose; and 

3 (B) the total liability of the Federal Govern4 ment for the termination of the contract shall be 

5 limited to the total amount of funding obligated 

6 at the time of the termination of the contract. 

7 (b) LIMITATION OF COSTS.— 

8 (1) LIMITATION.—Except as provided in sub9 section (c), and excluding amounts described in para10 graph (2), the total amount obligated or expended for 

11 the procurement of two space-based infrared system 

12 satellites authorized by subsection (a) may not exceed 

13 $3,900,000,000. 

14 (2) EXCLUSION.—The amounts described in this 

15 paragraph are amounts associated with the following: 

16 (A) Plans. 

17 (B) Technical data packages. 

18 (C) Post-delivery and program-related sup19 port costs. 

20 (D) Technical support for obsolescence stud21 ies. 

22 (c) ADJUSTMENT TO LIMITATION AMOUNT.— 

23 (1) IN GENERAL.—The Secretary may increase 

24 the limitation set forth in subsection (b)(1) by the 

25 amount of an increase described in paragraph (2) if 


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1 the Secretary submits to the congressional defense 

2 committees written notification of the increase made 

3 to that limitation. 

4 (2) INCREASE DESCRIBED.—An increase de5 scribed in this paragraph is one of the following: 

6 (A) An increase in costs that is attributable 

7 to economic inflation after September 30, 2012. 

8 (B) An increase in costs that is attributable 

9 to compliance with changes in Federal, State, or 

10 local laws enacted after September 30, 2012. 

11 (C) An increase in the cost of a space-based 

12 infrared system satellite that is attributable to 

13 the insertion of a new technology into the sat14 ellite that was not built into such satellites pro15 cured before fiscal year 2013, if the Secretary de16 termines, and certifies to the congressional de17 fense committees, that insertion of the new tech18 nology into the satellite is— 

19 (i) expected to decrease the life-cycle 

20 cost of the satellite; or 

21 (ii) required to meet an emerging 

22 threat that poses grave harm to the national 

23 security of the United States. 

24 (d) REPORTS.— 


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1 (1) REPORT ON CONTRACTS.—Not later than 30 

2 days after the date on which the Secretary enters into 

3 a contract under subsection (a), the Secretary shall 

4 submit to the congressional defense committees a re5 port on the contract that includes the following: 

6 (A) The total cost savings resulting from the 

7 authority provided by subsection (a). 

8 (B) The type and duration of the contract. 

9 (C) The total value of the contract. 

10 (D) The funding profile under the contract 

11 by year. 

12 (E) The terms of the contract regarding the 

13 treatment of changes by the Federal Government 

14 to the requirements of the contract, including 

15 how any such changes may affect the success of 

16 the contract. 

17 (2) PLAN FOR USING COST SAVINGS.—Not later 

18 than 90 days after the date on which the Secretary 

19 enters into a contract under subsection (a), the Sec20 retary shall submit to the congressional defense com21 mittees a plan for using the cost savings described in 

22 paragraph (1)(A) to improve the capability of mili23 tary infrared and early warning satellites that in24 cludes a description of the following: 


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1 (A) The available funds, by year, resulting 

2 from such cost savings. 

3 (B) The specific activities or subprograms 

4 to be funded using such cost savings and the 

5 funds, by year, allocated to each such activity or 

6 subprogram. 

7 (C) The objectives for each such activity or 

8 subprogram. 

9 (D) The criteria used by the Secretary to 

10 determine which such activities or subprograms 

11 to fund. 

12 (E) The method by which the Secretary will 

13 determine which such activities or subprograms 

14 to fund, including whether that determination 

15 will be on a competitive basis. 

16 (F) The plan for encouraging participation 

17 in such activities and subprograms by small 

18 businesses. 

19 (G) The process for determining how and 

20 when such activities and subprograms would 

21 transition to an existing program or be estab22 lished as a new program of record. 

23 (e) USE OF FUNDS AVAILABLE FOR SPACE VEHICLE

24 NUMBER 5 FOR SPACE VEHICLE NUMBER 6.—The Sec25 retary may obligate and expend amounts authorized to be 


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1 appropriated for fiscal year 2013 by section 101 for pro2 curement for the Air Force as specified in the funding table 

3 in section 4101 and available for the advanced procurement 

4 of long-lead parts and the replacement of obsolete parts for 

5 space-based infrared system satellite space vehicle number 

6 5 for the advanced procurement of long-lead parts and the 

7 replacement of obsolete parts for space-based infrared sys8 tem space vehicle number 6. 

9 (f) SENSE OF CONGRESS.—It is the sense of Congress 

10 that the Secretary should not enter into a fixed-price con11 tract under subsection (a) for the procurement of two space12 based infrared system satellites unless the Secretary deter13 mines that entering into such a contract will save the Air 

14 Force not less than 20 percent over the cost of procuring 

15 two such satellites separately. 

16 SEC. 145. TRANSFER OF CERTAIN FISCAL YEAR 2011 AND 

17 2012 FUNDS FOR AIRCRAFT PROCUREMENT 

18 FOR THE AIR FORCE. 

19 (a) IN GENERAL.—To the extent provided in appro20 priations Acts, the Secretary of the Air Force may transfer 

21 from fiscal year 2011 and 2012 Aircraft Procurement, Air 

22 Force funds, an aggregate of $920,748,000 to other, higher 

23 priority programs of the Air Force. 


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1 (b) COVERED FUNDS.—For purposes of this section, 

2 the term ‘‘fiscal year 2011 and 2012 Aircraft Procurement, 

3 Air Force funds’’ means— 

4 (1) amounts authorized to be appropriated for 

5 fiscal year 2011 by section 103(1) of the Ike Skelton 

6 National Defense Authorization Act for Fiscal Year 

7 2011 (Public Law 111–383; 124 Stat. 4152) for air8 craft procurement for the Air Force; and 

9 (2) amounts authorized to be appropriated for 

10 fiscal year 2012 by section 101 of the National De11 fense Authorization Act for Fiscal Year 2012 (Public 

12 Law 112–81; 125 Stat. 1317) and available for Air13 craft Procurement, Air Force as specified in the fund14 ing table in section 4101 of that Act. 

15 (c) EFFECT ON AUTHORIZATION AMOUNTS.—A trans16 fer made from one account to another under the authority 

17 of this section shall be deemed to increase the amount au18 thorized for the account to which the amount is transferred 

19 by an amount equal to the amount transferred. 

20 (d) CONSTRUCTION OF AUTHORITY.—The transfer au21 thority in this section is in addition to any other transfer 

22 authority provided in this Act. 


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1 Subtitle E—Joint and Multiservice 

2 Matters 

3 SEC. 151. MULTIYEAR PROCUREMENT AUTHORITY FOR V–22 

4 JOINT AIRCRAFT PROGRAM. 

5 (a) AUTHORITY FOR MULTIYEAR PROCUREMENT.— 

6 Subject to section 2306b of title 10, United States Code, the 

7 Secretary of the Navy may enter into a multiyear contract 

8 or contracts, beginning with the fiscal year 2013 program 

9 year, for the procurement of V–22 aircraft for the Depart10 ment of the Navy, the Department of the Air Force, and 

11 the United States Special Operations Command. 

12 (b) CONDITION FOR OUT-YEAR CONTRACT PAY13 MENTS.—A contract entered into under subsection (a) shall 

14 provide that any obligation of the United States to make 

15 a payment under the contract for a fiscal year after fiscal 

16 year 2013 is subject to the availability of appropriations 

17 for that purpose for such later fiscal year. 

18 SEC. 152. LIMITATION ON AVAILABILITY OF FUNDS FOR 

19 FULL-RATE PRODUCTION OF HANDHELD, 

20 MANPACK, AND SMALL FORM/FIT RADIOS 

21 UNDER THE JOINT TACTICAL RADIO SYSTEM 

22 PROGRAM. 

23 Amounts available for the Joint Tactical Radio Sys24 tem (JTRS) program may not be obligated or expended for 

25 full-rate production of the Handheld, Manpack, and Small 


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1 Form/Fit (HMS) radios under that program until the 

2 Under Secretary of Defense for Acquisition, Technology, 

3 and Logistics certifies to the congressional defense commit4 tees that the acquisition strategy for such radios provides, 

5 to the maximum extent practicable, for full and open com6 petition in the acquisition of such radios. 

7 SEC. 153. SHALLOW WATER COMBAT SUBMERSIBLE PRO8 GRAM. 

9 (a) INITIAL REPORT.—Not later than 90 days after the 

10 date of the enactment of this Act, the Commander of the 

11 United States Special Operations Command shall submit 

12 to the congressional defense committees a report setting 

13 forth the following: 

14 (1) A description of the efforts of the contractor 

15 under the Shallow Water Combat Submersible 

16 (SWCS) program and the United States Special Op17 erations Command to improve the accuracy of the 

18 tracking of the schedule and costs of the program. 

19 (2) The revised timeline for the initial and full 

20 operational capability of the Shallow Water Combat 

21 Submersible. 

22 (3) A current estimate of the cost to meet the 

23 basis of issue requirement under the program. 

24 (b) SUBSEQUENT REPORTS.— 


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1 (1) QUARTERLY REPORTS REQUIRED.—The Com2 mander of the United States Special Operations Com3 mand shall submit to the congressional defense com4 mittees on a quarterly basis updates on the metrics 

5 from the earned value management system with which 

6 the Command is tracking the schedule and cost per7 formance of the contractor of the Shallow Water Com8 bat Submersible program. 

9 (2) SUNSET.—The requirement in paragraph (1) 

10 shall cease on the date the Shallow Water Combat 

11 Submersible has completed operational testing and 

12 has been found to be operationally effective and oper13 ationally suitable. 

14 SEC. 154. AC–130 AIRCRAFT ELECTRO-OPTICAL AND INFRA15 RED SENSORS. 

16 (a) ADDITIONAL AMOUNT FOR PROCUREMENT, DE17 FENSE-WIDE.—The amount authorized to be appropriated 

18 for fiscal year 2013 by section 101 is hereby increased by 

19 $6,000,000, with the amount of the increase to be available 

20 for amounts authorized to be appropriated by that section 

21 and available for procurement, Defense-wide, other procure22 ment programs, line 079, Combat mission requirements, as 

23 specified in the funding table in section 4101. 

24 (b) AVAILABILITY OF AMOUNT.—To the extent pro25 vided in appropriations Acts, the amount authorized and 


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1 made available by subsection (a) may be obligated and ex2 pended for a new program to procure color electro-optical 

3 and infrared imaging sensors for AC–130 aircraft used by 

4 the United States Special Operations Command in ongoing 

5 contingency operations. 

6 TITLE II—RESEARCH, DEVELOP7 MENT, TEST, AND EVALUA8 TION 

9 Subtitle A—Authorization of 

10 Appropriations 

11 SEC. 201. AUTHORIZATION OF APPROPRIATIONS. 

12 Funds are hereby authorized to be appropriated for fis13 cal year 2013 for the use of the Department of Defense for 

14 research, development, test, and evaluation as specified in 

15 the funding table in section 4201. 

16 Subtitle B—Program Requirements, 

17 Restrictions, and Limitations 

18 SEC. 211. NEXT GENERATION FOUNDRY FOR THE DEFENSE 

19 MICROELECTRONICS ACTIVITY. 

20 Amounts authorized to be appropriated for fiscal year 

21 2013 by section 201 and available for research, develop22 ment, test, and evaluation for the Next Generation Foundry 

23 for the Defense Microelectronics Activity (DMEA) (PE 

24 #603720S) as specified in the funding table in section 4201 

25 may not be obligated or expended for that purpose until 


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1 60 days after the date on which the Assistant Secretary of 

2 Defense for Research and Engineering— 

3 (1) develops a microelectronics strategy as de4 scribed in the Senate report to accompany S. 1235 of 

5 the 112th Congress (S. Rept. 112–26) and an estimate 

6 of the full life-cycle costs for the upgrade of the Next 

7 Generation Foundry; and 

8 (2) submits the strategy and cost estimate re9 quired by paragraph (1) to the congressional defense 

10 committees. 

11 SEC. 212. ADVANCED ROTORCRAFT INITIATIVE. 

12 (a) IN GENERAL.—Not later than 180 days after the 

13 date of the enactment of this Act, the Under Secretary of 

14 Defense for Acquisition, Technology, and Logistics shall, in 

15 consultation with the military departments, the Defense Ad16 vanced Research Projects Agency, and industry (including 

17 the Vertical Lift Consortium (VLC)), submit to the congres18 sional defense committees a report setting forth a strategy 

19 for the use of integrated platform design teams and agile 

20 prototyping approaches for the development of advanced 

21 rotorcraft capabilities. 

22 (b) ELEMENTS.—The strategy required by subsection 

23 (a) shall include the following: 

24 (1) Mechanisms for establishing agile proto25 typing practices and programs, including rotorcraft 


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1 X-planes, and an identification of the resources re2 quired for such purposes. 

3 (2) A restructuring of the Joint Multi-role 

4 (JMR) development program of the Army to include 

5 more technology demonstration platforms with chal6 lenge goals of significant reductions in cost and time 

7 to flight. 

8 (3) A restructuring of the X-Plane Rotorcraft 

9 program of the Defense Advanced Research Projects 

10 Agency to develop performance objectives beyond the 

11 Joint Multi-role development program, including at 

12 least two competing teams. 

13 (4) Approaches, including competitive prize 

14 awards, to encourage the development of advanced 

15 rotorcraft capabilities to address challenge problems 

16 such as nap-of-earth automated flight, urban oper17 ation near buildings, slope landings, automated auto18 rotation or power-off recovery, and automated selec19 tion of landing areas. 

20 SEC. 213. TRANSFER OF CERTAIN FISCAL YEAR 2012 NAVY 

21 RESEARCH, DEVELOPMENT, TEST, AND EVAL22 UATION FUNDS. 

23 (a) IN GENERAL.—To the extent provided in appro24 priations Acts, the Secretary of the Navy may transfer from 

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1 uation funds, $8,832,000 to other, higher priority programs 

2 of the Navy. 

3 (b) COVERED FUNDS.—For purposes of this section, 

4 the term ‘‘fiscal year 2012 Navy research, development, test, 

5 and evaluation funds’’ means amounts authorized to be ap6 propriated for fiscal year 2012 by section 201 of the Na7 tional Defense Authorization Act for Fiscal Year 2012 (Pub8 lic Law 112–81; 125 Stat. 1329) and available for Re9 search, Development, Test, and Evaluation, Navy as speci10 fied in the funding table in section 4201 of that Act. 

11 (c) EFFECT ON AUTHORIZATION AMOUNTS.—A trans12 fer made from one account to another under the authority 

13 of this section shall be deemed to increase the amount au14 thorized for the account to which the amount is transferred 

15 by an amount equal to the amount transferred. 

16 (d) CONSTRUCTION OF AUTHORITY.—The transfer au17 thority in this section is in addition to any other transfer 

18 authority provided in this Act. 

19 SEC. 214. AUTHORITY FOR DEPARTMENT OF DEFENSE LAB20 ORATORIES TO ENTER INTO EDUCATION 

21 PARTNERSHIPS WITH EDUCATIONAL INSTI22 TUTIONS IN UNITED STATES TERRITORIES 

23 AND POSSESSIONS. 

24 (a) AUTHORITY.—Subsection (a) of section 2194 of 

25 title 10, United States Code, is amended by inserting ‘‘, 


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1 the Commonwealth of Puerto Rico, the Commonwealth of 

2 the Northern Mariana Islands, and any possession of the 

3 United States’’ after ‘‘institutions of the United States’’. 

4 (b) TECHNICAL AMENDMENT.—Subsection (f)(2) of 

5 such section is amended by inserting ‘‘(20 U.S.C. 7801)’’ 

6 before the period. 

7 SEC. 215. TRANSFER OF CERTAIN FISCAL YEAR 2012 AIR 

8 FORCE RESEARCH, DEVELOPMENT, TEST, 

9 AND EVALUATION FUNDS. 

10 (a) IN GENERAL.—To the extent provided in appro11 priations Acts, the Secretary of the Air Force may transfer 

12 from fiscal year 2012 Air Force research, development, test, 

13 and evaluation funds, $78,426,000 to other, higher priority 

14 programs of the Air Force. 

15 (b) COVERED FUNDS.—For purposes of this section, 

16 the term ‘‘fiscal year 2012 Air Force research, development, 

17 test, and evaluation funds’’ means amounts authorized to 

18 be appropriated for fiscal year 2012 by section 201 of the 

19 National Defense Authorization Act for Fiscal Year 2012 

20 (Public Law 112–81; 125 Stat. 1329) and available for Re21 search, Development, Test, and Evaluation, Air Force as 

22 specified in the funding table in section 4201 of that Act. 

23 (c) EFFECT ON AUTHORIZATION AMOUNTS.—A trans24 fer made from one account to another under the authority 

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1 thorized for the account to which the amount is transferred 

2 by an amount equal to the amount transferred. 

3 (d) CONSTRUCTION OF AUTHORITY.—The transfer au4 thority in this section is in addition to any other transfer 

5 authority provided in this Act. 

6 SEC. 216. RELOCATION OF C–BAND RADAR FROM ANTIGUA 

7 TO H.E. HOLT STATION IN WESTERN AUS8 TRALIA TO ENHANCE SPACE SITUATIONAL 

9 AWARENESS CAPABILITIES. 

10 To the extent provided in appropriations Acts, of the 

11 amounts authorized to be appropriated for fiscal year 2013 

12 by section 201 and available for research, development, test, 

13 and evaluation for Space Situation Awareness Systems 

14 (PE 0604425F) for System Development and Demonstra15 tion as specified in the funding table in section 4201, 

16 $3,000,000 may be obligated and expended for a new pro17 gram for the relocation and research and development ac18 tivities to enhance Space Situational Awareness capabili19 ties through— 

20 (1) the repurposing of the C–Band Radar at An21 tigua; 

22 (2) the relocation of that radar to the H.E. Holt 

23 Station in Western Australia; 


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1 (3) upgrades of the hardware and software of 

2 that radar to meet Space Situational Awareness mis3 sion needs; 

4 (4) operational testing of that radar; and 

5 (5) transfer of jurisdiction of that radar to the 

6 Air Force Space Command for operations and 

7 sustainment by September 30, 2016. 

8 SEC. 217. DETAILED DIGITAL RADIO FREQUENCY MODULA9 TION COUNTERMEASURES STUDIES AND SIM10 ULATIONS. 

11 (a) ADDITIONAL AMOUNT FOR RDT&E, ARMY.—The 

12 amount authorized to be appropriated for fiscal year 2013 

13 by section 201 is hereby increased by $38,000,000, with the 

14 amount of the increase to be available for amounts author15 ized to be appropriated by that section and available for 

16 research, development, test, and evaluation, Army, for sys17 tem development and demonstration (PE 0605457A) Army 

18 Integrated Air and Missile Defense (AIAMD), as specified 

19 in the funding table in section 4201. 

20 (b) AVAILABILITY OF AMOUNT.—To the extent pro21 vided in appropriations Acts, the amount authorized and 

22 made available by subsection (a) may be obligated and ex23 pended for a new program to conduct detailed digital radio 

24 frequency modulation (DRFM) countermeasures studies 

25 and simulations to develop algorithms to address this threat 


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1 change in support of the accelerated fielding of a new capa2 bility in Patriot, Sentinel, and Integrated Air and Missile 

3 Defense (IAMD) for the requirements of the commanders of 

4 the combatant commands. 

5 Subtitle C—Missile Defense Matters 

6 SEC. 231. HOMELAND BALLISTIC MISSILE DEFENSE. 

7 (a) FINDINGS.—Congress makes the following findings: 

8 (1) The Ballistic Missile Defense Review of Feb9 ruary 2010 stated as its first policy priority that ‘‘the 

10 United States will continue to defend the homeland 

11 against the threat of limited ballistic missile attack’’ 

12 and that ‘‘an essential element of the United States’ 

13 homeland ballistic missile defense strategy is to hedge 

14 against future uncertainties, including both the un15 certainty of future threat capabilities and the tech16 nical risks inherent to our own development plans’’. 

17 (2) The United States currently has an oper18 ational Ground-based Midcourse Defense (GMD) sys19 tem with 30 Ground-Based Interceptors (GBIs) de20 ployed in Alaska and California, protecting the 

21 United States against the potential future threat of 

22 limited ballistic missile attack from countries such as 

23 North Korea and Iran. 

24 (3) As Deputy Assistant Secretary of Defense for 

25 Nuclear and Missile Defense Policy Bradley Roberts 


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1 testified before the Committee on Armed Services of 

2 the Senate on April 25, 2012, ‘‘[w]ith 30 GBIs in 

3 place, the United States is in an advantageous posi4 tion vis-a`-vis the threats from North Korea and 

5 Iran,’’ and ‘‘neither has successfully tested an ICBM 

6 or demonstrated an ICBM-class warhead’’. 

7 (4) Deputy Assistant Secretary Roberts testified 

8 that maintaining this advantageous position ‘‘re9 quires continued improvement to the GMD system, 

10 including enhanced performance by the GBIs and the 

11 deployment of new sensors. It also requires the devel12 opment of the Precision Tracking Space System 

13 (PTSS) to handle larger raid sizes and the Standard 

14 Missile-3 (SM–3) Block IIB as the ICBM threat from 

15 states like Iran and North Korea matures. These ef16 forts will help to ensure that the United States pos17 sesses the capability to counter the projected threat for 

18 the foreseeable future’’. 

19 (5) As its highest priority, the Missile Defense 

20 Agency is designing a correction to the problem that 

21 caused a December 2010 flight test failure of the 

22 Ground-based Midcourse Defense system using the Ca23 pability Enhancement II (CE–II) model of exo-atmos24 pheric kill vehicle, and plans to demonstrate the cor25 rection in two flight tests before resuming production 


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1 or assembly of additional Capability Enhancement II 

2 kill vehicles. 

3 (6) The Department of Defense has a program to 

4 improve the performance and reliability of the 

5 Ground-based Midcourse Defense system, including a 

6 plan to test every component of the Ground-Based 

7 Interceptors for reliability. According to Department 

8 of Defense officials, the goal of the Ground-Based In9 terceptor reliability program is to double the number 

10 of threat Intercontinental Ballistic Missiles (ICBMs) 

11 that our current inventory of Ground-Based Intercep12 tors could defeat, thereby effectively doubling the ca13 pability of our current Ground-based Midcourse De14 fense system. 

15 (7) The Missile Defense Agency, working with the 

16 Director of Operational Test and Evaluation and 

17 with United States Strategic Command, has devel18 oped a comprehensive Integrated Master Test Plan 

19 (IMTP) for missile defense, with flight tests for the 

20 Ground-based Midcourse Defense system planned 

21 through fiscal year 2022, including salvo testing, mul22 tiple simultaneous engagement testing, and oper23 ational testing. 

24 (8) The Director of Operational Test and Eval25 uation, who must review, approve, and sign each 


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1 semi-annual version of the Integrated Master Test 

2 Plan, testified that the Test Plan is ‘‘a robust and 

3 rigorous test plan’’. He also testified that the current 

4 pace of Ground-based Midcourse Defense system test5 ing of one flight test per year is the ‘‘best that we’ve 

6 been able to achieve over a decade’’. 

7 (9) The Director of the Missile Defense Agency 

8 testified before the Committee on Armed Services of 

9 the Senate on April 25, 2012, that flight testing the 

10 Ground-based Midcourse Defense system more often 

11 than once per year could cause ‘‘greater risk of fur12 ther failure and setbacks to developing our homeland 

13 defense capability as rapidly as possible’’. 

14 (10) As part of its homeland defense hedging 

15 strategy, the Department of Defense has already de16 cided upon or implemented a number of actions to 

17 improve the missile defense posture of the United 

18 States in case the threat of Intercontinental Ballistic 

19 Missiles from North Korea or Iran emerges sooner or 

20 in greater numbers than anticipated. These include 

21 the following actions: 

22 (A) The Missile Defense Agency has com23 pleted construction of Missile Field-2 at Fort 

24 Greely, Alaska, with eight extra silos available to 


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1 deploy additional operational Ground-Based 

2 Interceptors, if needed. 

3 (B) With its request for 5 additional 

4 Ground-Based Interceptors in the budget of the 

5 President for fiscal year 2013, the Missile De6 fense Agency plans to have enough test and spare 

7 Ground-Based Interceptors to emplace in the 8 

8 extra silos from 2014 through 2025, and will 

9 keep the Ground-Based Interceptor production 

10 line active for 5 additional years, thus allowing 

11 additional Ground-Based Interceptor purchases 

12 in the future, if needed. 

13 (C) The Department has decided not to de14 commission prototype Missile Field-1 at Fort 

15 Greely but, instead, to keep it in a storage status 

16 that would permit it to be refurbished and reac17 tivated within a few years if future threat devel18 opments make that necessary. 

19 (D) The Missile Defense Agency plans to 

20 build an in-flight interceptor communications 

21 terminal at Fort Drum, New York, to enhance 

22 the performance of Ground-Based Interceptors 

23 defending the eastern United States against pos24 sible future missile threats from Iran. 


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1 (E) The Missile Defense Agency is con2 tinuing the development and testing of the two3 stage Ground-Based Interceptor for possible de4 ployment in the future, if needed. 

5 (F) The Missile Defense Agency is upgrad6 ing early warning radars in Clear, Alaska, and 

7 Cape Cod, Massachusetts, to enhance the ability 

8 to defend against potential multiple future Inter9 continental Ballistic Missile threats from North 

10 Korea and Iran. 

11 (G) The Missile Defense Agency is pursuing 

12 development of the Standard Missile-3 Block IIB 

13 interceptor for Phase 4 of the European Phased 

14 Adaptive Approach. It is intended to augment 

15 the Ground-based Midcourse Defense system as a 

16 cost-effective first layer of defense of the home17 land against a possible future Intercontinental 

18 Ballistic Missile threat from Iran. 

19 (H) The Missile Defense Agency is pursuing 

20 development of the Precision Tracking Space 

21 System, a satellite sensor system to provide per22 sistent tracking of large numbers of missiles in 

23 flight, and fire-control quality targeting data to 

24 various missile defense interceptor systems. Ac25 cording to the Director of the Missile Defense 


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1 Agency, ‘‘the greatest future enhancement for 

2 both homeland and regional defense in the next 

3 ten years is the development of the Precision 

4 Tracking Space System satellites’’. 

5 (11) As part of its homeland defense hedging 

6 strategy review, the Department of Defense is consid7 ering other options to enhance the future United 

8 States posture to defend the homeland, including the 

9 feasibility, advisability and affordability of deploying 

10 additional Ground-Based Interceptors, either in Alas11 ka or at a missile defense site on the East Coast of 

12 the United States. 

13 (b) SENSE OF CONGRESS.—It is the sense of Congress 

14 that— 

15 (1) it is a national priority to defend the home16 land against the potential future threat of limited 

17 ballistic missile attack from countries such as North 

18 Korea and Iran; 

19 (2) the currently deployed Ground-based Mid20 course Defense system, with 30 Ground-Based Inter21 ceptors deployed in Alaska and California, provides 

22 protection of the United States homeland against the 

23 potential future threat of limited ballistic missile at24 tack from North Korea and Iran; 


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1 (3) it is essential for the Ground-based Mid2 course Defense system to achieve the levels of reli3 ability, availability, sustainability, and operational 

4 performance that will allow it to continue providing 

5 protection of the United States homeland against lim6 ited ballistic missile attack; 

7 (4) the Missile Defense Agency should, as its 

8 highest priority, correct the problem that caused the 

9 December 2010 Ground-based Midcourse Defense sys10 tem flight test failure and demonstrate the correction 

11 in flight tests before resuming production of the Capa12 bility Enhancement-II kill vehicle, in order to provide 

13 confidence that the system will work as intended; 

14 (5) the Department of Defense should continue to 

15 enhance the performance and reliability of the 

16 Ground-based Midcourse Defense system, and enhance 

17 the capability of the Ballistic Missile Defense System, 

18 to provide improved capability to defend the home19 land against possible increased future missile threats 

20 from North Korea and Iran; 

21 (6) the Missile Defense Agency should continue 

22 its robust, rigorous, and realistic testing of the 

23 Ground-based Midcourse Defense system at a pace of 

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1 multaneous engagement testing, and operational test2 ing; 

3 (7) if successfully developed, the Standard Mis4 sile-3 Block IIB interceptor would provide an essen5 tial first layer of defense of the homeland against an 

6 emerging Intercontinental Ballistic Missile threat 

7 from Iran, using a cost-effective forward-based early 

8 intercept system that could permit holding Ground9 Based Interceptors in reserve, and if such interceptor 

10 could be deployed on ships, it would also provide a 

11 significant enhancement to defense against possible 

12 future threats from North Korea; 

13 (8) the Precision Tracking Space System has the 

14 potential to improve dramatically the capability of 

15 homeland and regional missile defense systems 

16 against large numbers of missiles launched simulta17 neously, and should remain a high priority for devel18 opment; 

19 (9) the Department of Defense has taken a num20 ber of prudent, affordable, cost-effective, and oper21 ationally significant steps to hedge against the possi22 bility of future growth in the missile threat to the 

23 homeland from North Korea and Iran; and 

24 (10) the Department of Defense should continue 

25 to evaluate the evolution of the long-range missile 


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1 threat from North Korea and Iran and consider other 

2 possibilities for prudent, affordable, cost-effective, and 

3 operationally significant steps to improve the posture 

4 of the United States to defend the homeland against 

5 possible future growth in the threat. 

6 (c) REPORT.— 

7 (1) REPORT REQUIRED.—Not later than 180 

8 days after the date of the enactment of this Act, the 

9 Secretary of Defense shall submit to the congressional 

10 defense committees a report on the status of efforts to 

11 improve the homeland ballistic missile defense capa12 bility of the United States. 

13 (2) ELEMENTS OF REPORT.—The report required 

14 by paragraph (1)) shall include the following: 

15 (A) A detailed description of the actions 

16 taken or planned to improve the reliability, 

17 availability, and capability of the Ground-based 

18 Midcourse Defense system. 

19 (B) A description of any improvements 

20 achieved as a result of the actions described in 

21 subparagraph (A). 

22 (C) A description of the results of the two 

23 planned flight tests of the Ground-based Mid24 course Defense system (Control Test Vehicle flight 

25 test-1, and GMD Flight Test–06b) intended to 


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1 demonstrate the success of the correction of the 

2 problem that caused the flight test failure of De3 cember 2010, and the status of any decision to 

4 resume production of the Capability Enhance5 ment-II kill vehicle. 

6 (D) A detailed description of actions taken 

7 or planned to improve the homeland defense pos8 ture of the United States to hedge against poten9 tial future Intercontinental Ballistic Missile 

10 threat growth from North Korea and Iran. 

11 (E) Any other matters the Secretary con12 siders appropriate. 

13 (3) FORM OF REPORT.—The report shall be sub14 mitted in unclassified form, but may include a classi15 fied annex. 

16 SEC. 232. REGIONAL BALLISTIC MISSILE DEFENSE. 

17 (a) FINDINGS.—Congress makes the following findings: 

18 (1) In the introduction to the Ballistic Missile 

19 Defense Review of February 2010, Secretary of De20 fense Robert Gates states that ‘‘I have made defending 

21 against near-term regional threats a top priority of 

22 our missile defense plans, programs and capabilities’’. 

23 (2) In describing the threat of regional ballistic 

24 missiles, the report of the Ballistic Missile Defense Re25 view states that ‘‘there is no uncertainty about the exVerDate Mar 15 2010 01:32 Dec 07, 2012 Jkt 029200 PO 00000 Frm 00074 Fmt 6652 Sfmt 6203 E:\SENENR\H4310.PP H4310

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1 istence of regional threats. They are clear and present. 

2 The threat from short-range, medium-range, and in3 termediate-range ballistic missiles (SRBMs, MRBMs, 

4 and IRBMs) in regions where the United States de5 ploys forces and maintains security relationships is 

6 growing at a particularly rapid pace’’. 

7 (3) In testimony before the Committee on Armed 

8 Services of the Senate on April 25, 2012, Dr. Bradley 

9 Roberts, Deputy Assistant Secretary of Defense for 

10 Nuclear and Missile Defense Policy stated, with re11 spect to regional missile defense, that ‘‘the need arises 

12 from the rapidly emerging threats to our armed forces 

13 in Europe, the Middle East, and East Asia from re14 gional missile proliferators and the basic challenge 

15 such proliferation poses to the safety and security of 

16 our forces and allies and to our power projection 

17 strategy’’. 

18 (4) Iran has the largest inventory of regional 

19 ballistic missiles in the Middle East, with hundreds 

20 of missiles that can reach southeastern Europe and 

21 all of the Middle East, including Israel. Iran is im22 proving its existing missiles and developing new and 

23 longer-range missiles. 

24 (5) North Korea has a large and growing inven25 tory of short-range and medium-range ballistic misVerDate Mar 15 2010 01:32 Dec 07, 2012 Jkt 029200 PO 00000 Frm 00075 Fmt 6652 Sfmt 6203 E:\SENENR\H4310.PP H4310

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1 siles that can reach United States forces and allies in 

2 South Korea and Japan. North Korea is improving 

3 its existing missiles and developing new and longer4 range missiles. 

5 (6) In September 2009, President Barack Obama 

6 announced that he had accepted the unanimous rec7 ommendation of the Secretary of Defense and the 

8 Joint Chiefs of Staff to establish a European Phased 

9 Adaptive Approach to missile defense, designed to 

10 protect deployed United States forces and allies and 

11 partners in Europe against the large and growing 

12 threat of ballistic missiles from Iran. 

13 (7) In November 2010, at the Lisbon Summit, 

14 the North Atlantic Treaty Organization (NATO) de15 cided to adopt the core mission of missile defense of 

16 its population, territory and forces. The North Atlan17 tic Treaty Organization agreed to enhance its missile 

18 defense command and control system, the Active Lay19 ered Theater Ballistic Missile Defense, to provide a 

20 North Atlantic Treaty Organization command and 

21 control capability. This is in addition to contribu22 tions of missile defense capability from individual na23 tions. 

24 (8) During 2011, the United States successfully 

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1 ive Approach, including deployment of an AN/TPY– 

2 2 radar in Turkey, deployment of an Aegis Ballistic 

3 Missile Defense ship in the eastern Mediterranean Sea 

4 with Standard Missile-3 Block IA interceptors, and 

5 establishment of a missile defense command and con6 trol system in Germany. 

7 (9) During 2011, the United States successfully 

8 negotiated all the international agreements with 

9 North Atlantic Treaty Organization allies needed to 

10 permit future phases of the European Phased Adapt11 ive Approach, including agreements with Romania 

12 and Poland to permit the deployment of Aegis Ashore 

13 missile defense systems on their territory, an agree14 ment with Turkey to permit deployment of an AN/ 

15 TPY–2 radar on its territory, and an agreement with 

16 Spain to permit the forward stationing of four Aegis 

17 Ballistic Missile Defense ships at Rota. 

18 (10) Phase 2 of the European Phased Adaptive 

19 Approach is planned for deployment in 2015, and is 

20 planned to include the deployment of Standard Mis21 sile-3 Block IB interceptors on Aegis Ballistic Missile 

22 Defense ships and at an Aegis Ashore site in Roma23 nia. 

24 (11) Phase 3 of the European Phased Adaptive 

25 Approach is planned for deployment in 2018, and is 


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1 planned to include the deployment of Standard Mis2 sile-3 Block IIA interceptors on Aegis Ballistic Missile 

3 Defense ships and at an Aegis Ashore site in Poland. 

4 (12) Phase 4 of the European Phased Adaptive 

5 Approach is planned for deployment in 2020, and is 

6 planned to include the deployment of Standard Mis7 sile-3 Block IIB interceptors at Aegis Ashore sites. 

8 This interceptor is intended to protect both Europe 

9 and the United States against potential future long10 range ballistic missiles from Iran. 

11 (13) At the North Atlantic Treaty Organization 

12 Summit in Chicago in 2012, the North Atlantic Trea13 ty Organization plans to announce it has achieved an 

14 ‘‘interim capability’’ for the North Atlantic Treaty 

15 Organization missile defense system, including initial 

16 capability of its Active Layered Theater Ballistic 

17 Missile Defense system at a command and control fa18 cility in Germany. 

19 (14) The United States has a robust program of 

20 missile defense cooperation with Israel, including 

21 joint development of the Arrow Weapon System and 

22 the new Arrow-3 upper tier interceptor, designed to 

23 defend Israel against ballistic missiles from Iran. 

24 These jointly developed missile defense systems are de25 signed to be interoperable with United States ballistic 


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1 missile defenses, and these interoperable systems are 

2 tested in large military exercises. The United States 

3 has deployed an AN/TPY–2 radar in Israel to en4 hance missile defense against missiles from Iran. 

5 (15) The United States is working with the na6 tions of the Gulf Cooperation Council on enhanced 

7 national and regional missile defense capabilities 

8 against growing missile threats from Iran. As part of 

9 this effort, the United Arab Emirates plans to pur10 chase two batteries of the Terminal High Altitude Air 

11 Defense (THAAD) system, as well as other equipment. 

12 (16) The United States has a strong program of 

13 missile defense cooperation with Japan, including the 

14 co-development of the Standard Missile-3 (SM–3) 

15 Block IIA interceptor for the Aegis Ballistic Missile 

16 Defense system, intended to be deployed by Japan and 

17 in Phase 3 of the European Phased Adaptive Ap18 proach, Japan’s fleet of Aegis Ballistic Missile Defense 

19 ships using the SM–3 Block IA interceptors, and the 

20 United States deployment of an AN/TPY–2 radar in 

21 Japan. 

22 (b) SENSE OF CONGRESS.—It is the sense of Congress 

23 that— 

24 (1) the threat from regional ballistic missiles, 

25 particularly from Iran and North Korea, is serious 


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1 and growing, and puts at risk forward-deployed 

2 United States forces and allies and partners in Eu3 rope, the Middle East, and the Asia-Pacific region; 

4 (2) the Department of Defense has an obligation 

5 to provide force protection of forward-deployed United 

6 States forces, assets, and facilities from regional bal7 listic missile attack; 

8 (3) the United States has an obligation to meet 

9 its security commitments to its allies, including bal10 listic missile defense commitments; 

11 (4) the Department of Defense has a balanced 

12 program of investment and capabilities to provide for 

13 both homeland defense and regional defense against 

14 ballistic missiles, consistent with the Ballistic Missile 

15 Defense Review and with the prioritized and inte16 grated needs of the commanders of the combatant 

17 commands; 

18 (5) the European Phased Adaptive Approach to 

19 missile defense is an appropriate and necessary re20 sponse to the existing and growing ballistic missile 

21 threat from Iran to forward deployed United States 

22 forces and allies and partners in Europe; 

23 (6) the Department of Defense— 

24 (A) should, as a high priority, continue to 

25 develop, test, and plan to deploy all four phases 


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1 of the European Phased Adaptive Approach, in2 cluding all variants of the Standard Missile-3 

3 interceptor; and 

4 (B) should also continue with its other 

5 phased and adaptive regional missile defense ef6 forts tailored to the Middle East and the Asia7 Pacific region; 

8 (7) European members of the North Atlantic 

9 Treaty Organization are making valuable contribu10 tions to missile defense in Europe, by hosting ele11 ments of United States missile defense systems on 

12 their territories, through individual national con13 tributions to missile defense capability, and by collec14 tive funding and development of the Active Layered 

15 Theater Ballistic Missile Defense system; and 

16 (8) the Department of Defense should continue 

17 with the development of the key enablers of enhanced 

18 regional missile defense, including the Precision 

19 Tracking Space System. 

20 (c) REPORT.— 

21 (1) IN GENERAL.—Not later than 180 days after 

22 the date of enactment of this Act, the Secretary of De23 fense shall submit to the congressional defense com24 mittees a report describing the status and progress of 

25 regional missile defense programs and efforts. 


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1 (2) ELEMENTS OF REPORT.—The report required 

2 by paragraph (1) shall include the following: 

3 (A) An assessment of the adequacy of the ex4 isting and planned European Phased Adaptive 

5 Approach to provide force protection for forward 

6 deployed United States forces in Europe against 

7 ballistic missile threats from Iran, and an as8 sessment whether adequate force protection would 

9 be available absent the European Phased Adapt10 ive Approach. 

11 (B) An assessment whether the European 

12 Phased Adaptive Approach and other planned 

13 regional missile defense approaches of the United 

14 States meet the integrated priorities of the com15 manders of the regional combatant commands in 

16 an affordable and balanced manner. 

17 (C) A description of the progress made in 

18 the development and testing of elements of sys19 tems intended for deployment in Phases 2 

20 through 4 of the European Phased Adaptive Ap21 proach, including the Standard Missile-3 Block 

22 IB interceptor and the Aegis Ashore system. 

23 (D) A description of the manner in which 

24 elements of regional missile defense architectures, 

25 such as forward-based X-band radars in Turkey 


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1 and Japan, contribute to the enhancement of 

2 homeland defense of the United States. 

3 (E) A description of the current and 

4 planned contributions of North Atlantic Treaty 

5 Organization allies, both collectively and indi6 vidually, to missile defense in Europe. 

7 (3) FORM.—The report required by paragraph 

8 (1) shall be submitted in unclassified form, but may 

9 include a classified annex. 

10 SEC. 233. MISSILE DEFENSE COOPERATION WITH RUSSIA. 

11 (a) FINDINGS.—Congress makes the following findings: 

12 (1) For more than a decade, the United States 

13 and Russia have discussed a variety of options for co14 operation on shared early warning and ballistic mis15 sile defense. For example, on May 1, 2001, President 

16 George W. Bush spoke of a ‘‘new cooperative relation17 ship’’ with Russia and said ‘‘it should be premised on 

18 openness, mutual confidence and real opportunities 

19 for cooperation, including the area of missile defense. 

20 It should allow us to share information so that each 

21 nation can improve its early warning capability, and 

22 its capability to defend its people and territory. And 

23 perhaps one day, we can even cooperate in a joint de24 fense’’. 


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1 (2) Section 1231 of the Floyd D. Spence Na2 tional Defense Authorization Act for Fiscal Year 2001 

3 (as enacted into law by Public Law 106–398; 1654A– 

4 329) authorized the Department of Defense to estab5 lish in Russia a ‘‘joint center for the exchange of data 

6 from systems to provide early warning of launches of 

7 ballistic missiles and for notification of launches of 

8 such missiles’’, also known as the Joint Data Ex9 change Center (JDEC). 

10 (3) On March 31, 2008, Deputy Secretary of De11 fense Gordon England stated that ‘‘we have offered 

12 Russia a wide-ranging proposal to cooperate on mis13 sile defense—everything from modeling and simula14 tion, to data sharing, to joint development of a re15 gional missile defense architecture—all designed to 

16 defend the United States, Europe, and Russia from 

17 the growing threat of Iranian ballistic missiles. An 

18 extraordinary series of transparency measures have 

19 also been offered to reassure Russia. Despite some 

20 Russian reluctance to sign up to these cooperative 

21 missile defense activities, we continue to work toward 

22 this goal’’. 

23 (4) On July 6, 2009, President Barack Obama 

24 and Russian President Dmitry Medvedev issued a 

25 joint statement on missile defense issues, which stated 


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1 that ‘‘Russia and the United States plan to continue 

2 the discussion concerning the establishment of co3 operation in responding to the challenge of ballistic 

4 missile proliferation. . . We have instructed our ex5 perts to work together to analyze the ballistic missile 

6 challenges of the 21st century and to prepare appro7 priate recommendations’’. 

8 (5) The February 2010 report of the Ballistic 

9 Missile Defense Review established as one of its cen10 tral policy pillars that increased international missile 

11 defense cooperation is in the national security interest 

12 of the United States and, with regard to cooperation 

13 with Russia, the United States ‘‘is pursuing a broad 

14 agenda focused on shared early warning of missile 

15 launches, possible technical cooperation, and even 

16 operational cooperation’’. 

17 (6) at the November 2010 Lisbon Summit, the 

18 North Atlantic Treaty Organization (NATO) decided 

19 to develop a missile defense system to ‘‘protect NATO 

20 European populations, territory and forces’’ and also 

21 to seek cooperation with Russia on missile defense. In 

22 its Lisbon Summit Declaration, the North Atlantic 

23 Treaty Organization reaffirmed its readiness to ‘‘in24 vite Russia to explore jointly the potential for linking 

25 current and planned missile defence systems at an 


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1 appropriate time in mutually beneficial ways’’. The 

2 new NATO Strategic Concept adopted at the Lisbon 

3 Summit states that ‘‘we will actively seek cooperation 

4 on missile defense with Russia’’, that ‘‘NATO-Russia 

5 cooperation is of strategic importance’’, and that ‘‘the 

6 security of the North Atlantic Treaty Organization 

7 and Russia is intertwined’’. 

8 (7) In a December 18, 2010, letter to the leader9 ship of the Senate, President Obama wrote that the 

10 North Atlantic Treaty Organization ‘‘invited Russia 

11 to cooperate on missile defense, which could lead to 

12 adding Russian capabilities to those deployed by 

13 NATO to enhance our common security against com14 mon threats. The Lisbon Summit thus demonstrated 

15 that the Alliance’s missile defenses can be strength16 ened by improving NATO-Russian relations. This 

17 comes even as we have made clear that the system we 

18 intend to pursue with Russia will not be a joint sys19 tem, and it will not in any way limit United States’ 

20 or NATO’s missile defense capabilities. Effective co21 operation with Russia could enhance the overall effi22 ciency of our combined territorial missile defenses, 

23 and at the same time provide Russia with greater se24 curity’’. 


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1 (8) Section 221(a)(3) of the Ike Skelton National 

2 Defense Authorization Act for Fiscal Year 2011 (Pub3 lic Law 111–383; 124 Stat. 4167) states that it is the 

4 sense of Congress ‘‘to support the efforts of the United 

5 States Government and the North Atlantic Treaty Or6 ganization to pursue cooperation with the Russian 

7 Federation on ballistic missile defense relative to Ira8 nian missile threats’’. 

9 (9) In a speech in Russia on March 21, 2011, 

10 Secretary of Defense Robert Gates cited ‘‘the NATO11 Russian decision to cooperate on defense against bal12 listic missiles. We’ve disagreed before, and Russia still 

13 has uncertainties about the European Phased Adapt14 ive Approach, a limited system that poses no chal15 lenges to the large Russian nuclear arsenal. However, 

16 we’ve mutually committed to resolving these difficul17 ties in order to develop a roadmap toward truly effec18 tive anti-ballistic missile collaboration. This collabo19 ration may include exchanging launch information, 

20 setting up a joint data fusion center, allowing greater 

21 transparency with respect to our missile defense plans 

22 and exercises, and conducting a joint analysis to de23 termine areas of future cooperation’’. 

24 (10) In testimony to the Committee on Armed 

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1 sistant Secretary of Defense for Nuclear and Missile 

2 Defense Policy Bradley H. Roberts stated that the 

3 United States has been pursuing a Defense Tech4 nology Cooperation Agreement with Russia since 

5 2004, and that such an agreement is necessary ‘‘for 

6 the safeguarding of sensitive information in support 

7 of cooperation’’ on missile defense, and to ‘‘provide 

8 the legal framework for undertaking cooperative ef9 forts’’. Further, Dr. Roberts stated that the United 

10 States would not provide any classified information 

11 to Russia without first conducting a National Disclo12 sure Policy review. He also stated that the United 

13 States is not considering sharing ‘‘hit-to-kill’’ tech14 nology with Russia. 

15 (11) In a March 2012 answer to a question from 

16 the Committee on Armed Services of the Senate on 

17 missile defense cooperation with Russia, Acting 

18 Under Secretary of Defense for Policy Jim Miller 

19 wrote that ‘‘I support U.S.-Russian cooperation on 

20 missile defenses first and foremost because it could 

21 improve the effectiveness of U.S. and NATO missile 

22 defenses, thereby improving the protection of the 

23 United States, our forces overseas, and our Allies. 

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1 sia, first and foremost because it could strengthen ca2 pabilities across Europe to intercept Iranian mis3 siles’’. He also wrote that ‘‘[t]he United States has 

4 pursued missile defense cooperation with Russia with 

5 the clear understanding that we would not accept con6 straints on missile defense, and that we would under7 take necessary qualitative and quantitative improve8 ments to meet U.S. Security needs’’. 

9 (12) In February 2012, an international group 

10 of independent experts known as the Euro-Atlantic 

11 Security Initiative issued a report proposing missile 

12 defense cooperation between the United States (with 

13 its North Atlantic Treaty Organization allies) and 

14 Russia. The group, whose leaders included Stephen 

15 Hadley, the National Security Advisor to President 

16 George W. Bush, proposed that the nations share sat17 ellite and radar early warning data at joint coopera18 tion centers in order to improve their ability to de19 tect, track, and defeat medium-range and inter20 mediate-range ballistic missiles from the Middle East. 

21 (13) In a letter dated April 13, 2012, Robert 

22 Nabors, Assistant to the President and Director of the 

23 Office of Legislative Affairs, wrote that ‘‘it is Admin24 istration policy that we will only provide information 

25 to Russia that will enhance the effectiveness of our 


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1 missile defenses. The Administration will not provide 

2 Russia with sensitive information that would in any 

3 way compromise our national security, including hit4 to-kill technology and interceptor telemetry’’. 

5 (14) The United States and Russia already en6 gage in substantial cooperation on a number of inter7 national security efforts, including nuclear non8 proliferation, anti-piracy, counter-narcotics, nuclear 

9 security, counter-terrorism, and logistics resupply 

10 through Russia of coalition forces in Afghanistan. 

11 These areas of cooperation require each side to share 

12 and protect sensitive information, which they have 

13 both done successfully. 

14 (15) The United States currently has shared 

15 early warning agreements and programs of coopera16 tion with eight nations in addition to the North At17 lantic Treaty Organization. The United States has 

18 developed procedures and mechanisms for sharing 

19 early warning information with partner nations 

20 while ensuring the protection of sensitive United 

21 States information. 

22 (16) Russia and the United States each have 

23 missile launch early warning and detection and 

24 tracking sensors that could contribute to and enhance 


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1 each others’ ability to detect, track, an defend against 

2 ballistic missile threats from Iran. 

3 (17) The Obama Administration has provided 

4 regular briefings to Congress on its discussions with 

5 Russia on possible missile defense cooperation. 

6 (b) SENSE OF CONGRESS.—It is the sense of Congress 

7 that— 

8 (1) it is in the national security interest of the 

9 United States to pursue efforts at missile defense co10 operation with Russia that would enhance the secu11 rity of the United States, its North Atlantic Treaty 

12 Organization allies, and Russia, particularly against 

13 missile threats from Iran; 

14 (2) the United States should pursue ballistic 

15 missile defense cooperation with Russia on both a bi16 lateral basis and a multilateral basis with its North 

17 Atlantic Treaty Organization allies, particularly 

18 through the NATO-Russia Council; 

19 (3) missile defense cooperation with Russia 

20 should not ‘‘in any way limit United States’ or 

21 NATO’s missile defense capabilities’’, as acknowledged 

22 in the December 18, 2010, letter from President 

23 Obama to the leadership of the Senate, and should be 

24 mutually beneficial and reciprocal in nature; 


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1 (4) the United States should not provide Russia 

2 with sensitive missile defense information that would 

3 in any way compromise United States national secu4 rity, including ‘‘hit-to-kill’’ technology and inter5 ceptor telemetry; and 

6 (5) the United States should pursue missile de7 fense cooperation with Russia in a manner that en8 sures that— 

9 (A) United States classified information is 

10 appropriately safeguarded and protected from 

11 unauthorized disclosure; 

12 (B) prior to sharing classified information 

13 with Russia, the United States conducts a Na14 tional Disclosure Policy review and determines 

15 the types and levels of information that may be 

16 shared and whether any additional procedures 

17 are necessary to protect such information; 

18 (C) prior to entering into missile defense 

19 technology cooperation projects, the United 

20 States enters into a Defense Technology Coopera21 tion Agreement with Russia that establishes the 

22 legal framework for a broad spectrum of poten23 tial cooperative defense projects; and 


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1 (D) such cooperation does not limit the mis2 sile defense capabilities of the United States or 

3 its North Atlantic Treaty Organization allies. 

4 SEC. 234. NEXT GENERATION EXO-ATMOSPHERIC KILL VE5 HICLE. 

6 (a) PLAN FOR NEXT GENERATION KILL VEHICLE.— 

7 The Director of the Missile Defense Agency shall develop a 

8 long-term plan for the Exo-atmospheric Kill Vehicle (EKV) 

9 that addresses both modifications and enhancements to the 

10 current Exo-atmospheric Kill Vehicle and options for the 

11 competitive development of a next generation Exo-atmos12 pheric Kill Vehicle for the Ground-Based Interceptor (GBI) 

13 of the Ground-based Midcourse Defense (GMD) system and 

14 any other interceptor that might be developed for the defense 

15 of the United States against long-range ballistic missiles. 

16 (b) DEFINITION OF PARAMETERS AND CAPABILI17 TIES.— 

18 (1) ASSESSMENT REQUIRED.—The Director shall 

19 define the desired technical parameters and perform20 ance capabilities for a next generation Exo-atmos21 pheric Kill Vehicle using an assessment conducted by 

22 the Director for that purpose that is designed to en23 sure that a next generation Exo-atmospheric Kill Ve24 hicle design— 


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1 (A) enables ease of manufacturing, high tol2 erances to production processes and supply chain 

3 variability, and inherent reliability; 

4 (B) will be optimized to take advantage of 

5 the Ballistic Missile Defense System architecture 

6 and sensor system capabilities; 

7 (C) leverages all relevant kill vehicle devel8 opment activities and technologies, including 

9 from the current Standard Missile-3 Block IIB 

10 (SM–3 IIB) program and the previous Multiple 

11 Kill Vehicle technology development program; 

12 (D) seeks to maximize, to the greatest extent 

13 practicable, commonality between subsystems of 

14 a next generation Exo-atmospheric Kill Vehicle 

15 and other exo-atmospheric kill vehicle programs; 

16 and 

17 (E) meets Department of Defense criteria, 

18 as established in the February 2010 Ballistic 

19 Missile Defense Review, for affordability, reli20 ability, suitability, and operational effectiveness 

21 to defend against limited attacks from evolving 

22 and future threats from long-range missiles. 

23 (2) EVALUATION OF PAYLOADS.—The assessment 

24 required by paragraph (1) shall include an evaluation 

25 of the potential benefits and drawbacks of options for 


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1 both unitary and multiple Exo-atmospheric Kill Vehi2 cle payloads. 

3 (3) STANDARD MISSILE-3 BLOCK IIB INTER4 CEPTOR.—As part of the assessment required by para5 graph (1), the Director shall evaluate whether there 

6 are potential options and opportunities arising from 

7 the Standard Missile-3 Block IIB interceptor develop8 ment program for development of an exo-atmospheric 

9 kill vehicle, or kill vehicle technologies or components, 

10 that could be used for potential upgrades to the 

11 Ground-Based Interceptor or for a next generation 

12 Exo-atmospheric Kill Vehicle. 

13 (c) REPORT.— 

14 (1) IN GENERAL.—Not later than one year after 

15 the date of the enactment of this Act, the Director 

16 shall submit to the congressional defense committees a 

17 report setting forth the plan developed under sub18 section (a), including the results of the assessment 

19 under subsection (b), and an estimate of the cost and 

20 schedule of implementing the plan. 

21 (2) FORM.—The report required by paragraph 

22 (1) shall be submitted in unclassified form, but may 

23 include a classified annex. 


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1 SEC. 235. MODERNIZATION OF THE PATRIOT AIR AND MIS2 SILE DEFENSE SYSTEM. 

3 (a) PLAN FOR MODERNIZATION.—Not later than 180 

4 days after the date of the enactment of this Act, the Sec5 retary of the Army shall submit to the congressional defense 

6 committees a prioritized plan for support of the long-term 

7 requirements in connection with the modernization of the 

8 Patriot air and missile defense system. 

9 (b) ADDITIONAL ELEMENTS.—The report required by 

10 subsection (a) shall also set forth the following: 

11 (1) An assessment of the integrated air and mis12 sile defense capabilities required to meet the demands 

13 of evolving and emerging threats. 

14 (2) A plan for the introduction of changes to the 

15 Patriot air and missile defense system program to 

16 achieve reductions in the life-cycle cost of the Patriot 

17 air and missile defense system. 

18 SEC. 236. MEDIUM EXTENDED AIR DEFENSE SYSTEM. 

19 None of the funds authorized to be appropriated by this 

20 Act or otherwise made available for fiscal year 2013 for the 

21 Department of Defense may be obligated or expended for 

22 the Medium Extended Air Defense System (MEADS). 

23 SEC. 237. AVAILABILITY OF FUNDS FOR IRON DOME SHORT24 RANGE ROCKET DEFENSE PROGRAM. 

25 Of the amounts authorized to be appropriated for fiscal 

26 year 2013 by section 201 for research, development, test, 


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1 and evaluation, Defense-wide, and available for the Missile 

2 Defense Agency, $210,000,000 may be provided to the Gov3 ernment of Israel for the Iron Dome short-range rocket de4 fense program as specified in the funding table in section 

5 4201. 

6 SEC. 238. READINESS AND FLEXIBILITY OF INTERCONTI7 NENTAL BALLISTIC MISSILE FORCE. 

8 The Secretary of Defense may, in a manner consistent 

9 with the obligations of the United States under inter10 national agreements— 

11 (1) retain intercontinental ballistic missile 

12 launch facilities currently supporting deployed stra13 tegic nuclear delivery vehicles within the limit of 800 

14 deployed and non-deployed strategic launchers; 

15 (2) maintain intercontinental ballistic missiles 

16 on alert or operationally deployed status; and 

17 (3) preserve intercontinental ballistic missile 

18 silos in operational or warm status. 

19 SEC. 239. SENSE OF CONGRESS ON THE SUBMITTAL TO 

20 CONGRESS OF THE HOMELAND DEFENSE 

21 HEDGING POLICY AND STRATEGY REPORT OF 

22 THE SECRETARY OF DEFENSE. 

23 (a) FINDINGS.—Congress makes the following findings: 

24 (1) Section 233 of the National Defense Author25 ization Act for Fiscal Year 2012 (Public Law 112– 


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1 81; 125 Stat. 1340) requires a homeland defense hedg2 ing policy and strategy report from the Secretary of 

3 Defense. 

4 (2) The report was required to be submitted not 

5 later than 75 days after the date of the enactment of 

6 the National Defense Authorization Act for Fiscal 

7 Year 2012, namely by March 16, 2012. 

8 (3) The Secretary of Defense has not yet sub9 mitted the report as required. 

10 (4) In March 2012, General Charles Jacoby, Jr., 

11 Commander of the United States Northern Command, 

12 the combatant command responsible for operation of 

13 the Ground-based Midcourse Defense system to defend 

14 the homeland against ballistic missile threats, testified 

15 before Congress that ‘‘I am confident in my ability to 

16 successfully defend the homeland from the current set 

17 of limited long-range ballistic missile threats’’, and 

18 that ‘‘[a]gainst current threats from the Middle East, 

19 I am confident we are well postured’’. 

20 (5) Phase 4 of the European Phased Adaptive 

21 Approach (EPAA) is intended to augment the cur22 rently deployed homeland defense capability of the 

23 Ground-based Midcourse Defense system against a po24 tential future Iranian long-range missile threat by deVerDate Mar 15 2010 01:32 Dec 07, 2012 Jkt 029200 PO 00000 Frm 00098 Fmt 6652 Sfmt 6203 E:\SENENR\H4310.PP H4310

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1 ploying an additional layer of forward-deployed 

2 interceptors in Europe in the 2020 timeframe. 

3 (6) The Director of National Intelligence, James 

4 Clapper, has testified to Congress that, although the 

5 intelligence community does ‘‘not know if Iran will 

6 eventually decide to build nuclear weapons’’, it judges 

7 ‘‘that Iran would likely choose missile delivery as its 

8 preferred method of delivering a nuclear weapon’’. He 

9 also testified that ‘‘Iran already has the largest inven10 tory of ballistic missiles in the Middle East, and it 

11 is expanding the scale, reach, and sophistication of its 

12 ballistic missile forces, many of which are inherently 

13 capable of carrying a nuclear payload’’. 

14 (7) The 2012 Annual Report to Congress on the 

15 Military Power of Iran by the Department of Defense 

16 states that, in addition to increasing its missile in17 ventories, ‘‘Iran has boosted the lethality and effec18 tiveness of its existing missile systems with accuracy 

19 improvements and new submunitions payloads’’, and 

20 that it continues to develop missiles that can strike 

21 Israel and Eastern Europe. It also states that ‘‘Iran 

22 has launched multistage space launch vehicles that 

23 could serve as a testbed for developing long-range bal24 listic missiles technologies’’, and that ‘‘[w]ith suffi25 cient foreign assistance, Iran may be technically caVerDate Mar 15 2010 01:32 Dec 07, 2012 Jkt 029200 PO 00000 Frm 00099 Fmt 6652 Sfmt 6203 E:\SENENR\H4310.PP H4310

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1 pable of flight-testing an intercontinental ballistic 

2 missile by 2015’’. 

3 (8) Despite the failure of its April 2012 satellite 

4 launch attempt, North Korea warned the United 

5 States in October 2012 that the United States main6 land is within range of its missiles. 

7 (9) The threat of limited ballistic missile attack 

8 against the United States homeland from countries 

9 such as North Korea and Iran is increasing. 

10 (b) SENSE OF CONGRESS.—It is the sense of the Con11 gress that— 

12 (1) the homeland defense hedging policy and 

13 strategy report required by section 233 of the Na14 tional Defense Authorization Act for Fiscal Year 2012 

15 is necessary to inform Congress on options to protect 

16 the United States homeland against the evolving bal17 listic missile threat, including potential options prior 

18 to the deployment of Phase 4 of the European Phased 

19 Adaptive Approach to missile defense; and 

20 (2) the Secretary of Defense should comply with 

21 the requirements of section 233 of the National De22 fense Authorization Act for Fiscal Year 2012 by sub23 mitting the homeland defense hedging policy and 

24 strategy report to Congress. 


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1 Subtitle D—Reports 

2 SEC. 251. MISSION PACKAGES FOR THE LITTORAL COMBAT 

3 SHIP. 

4 (a) REPORT REQUIRED.—Not later than March 1, 

5 2013, the Secretary of the Navy shall, in consultation with 

6 the Director of Operational Test and Evaluation, submit 

7 to the congressional defense committees a report on the mine 

8 countermeasures warfare (MCM), antisubmarine warfare 

9 (ASW), and surface warfare (SUW) Mission Packages for 

10 the Littoral Combat Ship. 

11 (b) ELEMENTS.—The report required by subsection (a) 

12 shall set forth the following: 

13 (1) A plan for the Mission Packages dem14 onstrating that Preliminary Design Review for every 

15 capability increment precedes Milestone B or equiva16 lent approval for that increment. 

17 (2) A plan for demonstrating that the capability 

18 increment for each Mission Package, combined with a 

19 Littoral Combat Ship, on the basis of a Preliminary 

20 Design Review and post-Preliminary Design Review 

21 assessment, will achieve the capability specified for 

22 that increment. 

23 (3) A plan for demonstrating the survivability 

24 and lethality of the Littoral Combat Ship with its 

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1 ment phase of the system to minimize costs of con2 currency. 

3 SEC. 252. COMPTROLLER GENERAL OF THE UNITED STATES 

4 ANNUAL REPORTS ON THE ACQUISITION PRO5 GRAM FOR THE AMPHIBIOUS COMBAT VEHI6 CLE. 

7 (a) ANNUAL GAO REVIEW.—The Comptroller General 

8 of the United States shall conduct on an annual basis a 

9 review of the acquisition program for the Amphibious Com10 bat Vehicle (ACV). 

11 (b) ANNUAL REPORTS.— 

12 (1) IN GENERAL.—Not later than March 1 of 

13 each year beginning in 2013, the Comptroller General 

14 shall submit to the congressional defense committees a 

15 report on the review of the acquisition program for 

16 the Amphibious Combat Vehicle conducted under sub17 section (a). 

18 (2) MATTERS TO BE INCLUDED.—Each report on 

19 the review of the acquisition program for the Amphib20 ious Combat Vehicle shall include, to the extent ap21 propriate and feasible, the following: 

22 (A) An assessment of the extent to which the 

23 program is meeting development and procure24 ment cost, schedule, performance, and risk miti25 gation goals. 


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1 (B) With respect to meeting the desired ini2 tial operational capability and full operational 

3 capability dates for the Amphibious Combat Ve4 hicle, an assessment of the progress and results 

5 of— 

6 (i) developmental and operational test7 ing of the vehicle; and 

8 (ii) plans for correcting deficiencies in 

9 vehicle performance, operational effective10 ness, reliability, suitability, and safety. 

11 (C) An assessment of procurement plans, 

12 production results, and efforts to improve manu13 facturing efficiency and supplier performance in 

14 connection with the Amphibious Combat Vehicle. 

15 (D) An assessment of the acquisition strat16 egy for the Amphibious Combat Vehicle, includ17 ing whether the strategy complies with acquisi18 tion management best-practices and the acquisi19 tion policy and regulations of the Department of 

20 Defense. 

21 (E) A risk assessment of the integrated mas22 ter schedule and the test and evaluation master 

23 plan of the Amphibious Combat Vehicle as it re24 lates to— 

25 (i) the probability of success; 


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1 (ii) the funding required for the vehicle 

2 in comparison with the funding pro3 grammed for the vehicle; and 

4 (iii) development and production con5 currency. 

6 (3) ADDITIONAL INFORMATION IN FIRST RE7 PORT.—In submitting to the congressional defense 

8 committees the first report under paragraph (1), the 

9 Comptroller General shall include, with respect to the 

10 Amphibious Combat Vehicle program, an assessment 

11 of the sufficiency and objectivity of the following doc12 uments: 

13 (A) The analysis of alternatives. 

14 (B) The initial capabilities document. 

15 (C) The capability development document. 

16 (4) INFORMATION IN SUBSEQUENT REPORTS.— 

17 (A) CERTAIN INFORMATION REQUIRED ONLY

18 FOLLOWING SIGNIFICANT CHANGES.—A report 

19 under this subsection after the first report under 

20 paragraph (1) shall address the matters identi21 fied in subparagraphs (C), (D), and (E) of para22 graph (2) only to the extent that the Comptroller 

23 General determines that there have been signifi24 cant changes to the applicable plans, strategies, 


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1 or schedules since the last report under this sub2 section addressing such matters. 

3 (B) ADDITIONAL INFORMATION AFTER AP4 PROVAL OR CHANGE OF DOCUMENTS.—If any 

5 document specified in paragraph (3) is approved 

6 or changed after the first report under para7 graph (1), the Comptroller General shall provide 

8 an assessment of the sufficiency and objectivity 

9 of that document in the report to the congres10 sional defense committees under paragraph (1) 

11 submitted immediately following such approval 

12 or change. 

13 (5) TERMINATION.—No report is required under 

14 this subsection after the first report following the 

15 award of a contract for full rate production of the 

16 Amphibious Combat Vehicle. 

17 SEC. 253. CONDITIONAL REQUIREMENT FOR REPORT ON 

18 AMPHIBIOUS ASSAULT VEHICLES FOR THE 

19 MARINE CORPS. 

20 (a) IN GENERAL.—If the ongoing Marine Corps 

21 ground combat vehicle fleet mix study recommends the ac22 quisition of a separate Marine Personnel Carrier, the Sec23 retary of the Navy and the Commandant of the Marine 

24 Corps shall jointly submit to the congressional defense com25 mittees a report that includes the following: 


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1 (1) A detailed description of the capability gaps 

2 that Marine Personnel Carriers are intended to miti3 gate and the capabilities that the Marine Personnel 

4 Carrier will be required to have to mitigate such 

5 gaps, and an assessment whether, and to what extent, 

6 Amphibious Combat Vehicles could mitigate such 

7 gaps. 

8 (2) A detailed explanation of the role of the Ma9 rine Personnel Carriers in fulfilling the forcible entry 

10 requirement for the two Marine Expeditionary Bri11 gades (MEBs) that make up the assault echelons of 

12 the three Marine Expeditionary Brigade force re13 quired to meet applicable war plans of the combatant 

14 commands. 

15 (3) A description of the fraction of the assault 

16 echelon of the brigades referred to in paragraph (2) 

17 that would be comprised of Marine Personnel Car18 riers. 

19 (4) An assessment of the direct operational risk 

20 associated with using ship-to-shore connectors to de21 liver Marine Personnel Carriers to shore in an am22 phibious assault. 

23 (5) An assessment of the indirect operational 

24 risk associated with using ship-to-shore connectors to 


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1 deliver Marine Personnel Carriers rather than tanks 

2 and artillery and other tactical vehicles. 

3 (6) A comparative estimate of the acquisition 

4 and life-cycle costs of a split fleet of Amphibious Com5 bat Vehicles and Marine Personnel Carriers with the 

6 acquisition and life-cycle costs of a pure fleet of Am7 phibious Combat Vehicles. 

8 (b) SUBMITTAL DATE.—If required, the report under 

9 subsection (a) shall be submitted not later than the later 

10 of— 

11 (1) the date that is 60 days after the date of the 

12 completion of the study referred to in subsection (a); 

13 or 

14 (2) February 1, 2013. 

15 Subtitle E—Other Matters 

16 SEC. 271. TRANSFER OF ADMINISTRATION OF OCEAN RE17 SEARCH AND RESOURCES ADVISORY PANEL 

18 FROM DEPARTMENT OF THE NAVY TO NA19 TIONAL OCEANIC AND ATMOSPHERIC ADMIN20 ISTRATION. 

21 (a) IN GENERAL.—Subsection (a) of section 7903 of 

22 title 10, United States Code, is amended— 

23 (1) in the matter preceding paragraph (1)— 


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1 (A) by inserting ‘‘, through the Adminis2 trator of the National Oceanic and Atmospheric 

3 Administration,’’ after ‘‘The Council’’; 

4 (B) by inserting ‘‘and Resources’’ after 

5 ‘‘Ocean Research’’; 

6 (C) by striking ‘‘Panel consisting’’ and in7 serting ‘‘Panel. The Panel shall consist’’; and 

8 (D) by striking ‘‘chairman’’ and inserting 

9 ‘‘Administrator, on behalf of the Council’’; 

10 (2) in paragraph (1), by striking ‘‘National 

11 Academy of Science’’ and inserting ‘‘National Acad12 emies of Science’’; 

13 (3) by striking paragraphs (2) and (3); and 

14 (4) by redesignating paragraphs (4) and (5) as 

15 paragraphs (2) and (3), respectively. 

16 (b) RESPONSIBILITIES OF PANEL.—Subsection (b) of 

17 such section is amended— 

18 (1) by inserting ‘‘, through the Administrator of 

19 the National Oceanic and Atmospheric Administra20 tion,’’ after ‘‘The Council’’; 

21 (2) by striking paragraph (2); 

22 (3) by redesignating paragraphs (3) and (4) as 

23 paragraphs (4) and (5), respectively; and 

24 (4) by inserting after paragraph (1) the fol25 lowing new paragraphs (2) and (3): 


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1 ‘‘(2) To advise the Council on the determination 

2 of scientific priorities and needs. 

3 ‘‘(3) To provide the Council strategic advice re4 garding national ocean program execution and col5 laboration.’’. 

6 (c) FUNDING TO SUPPORT ACTIVITIES OF PANEL.— 

7 Subsection (c) of such section is amended by striking ‘‘Sec8 retary of the Navy’’ and inserting ‘‘Secretary of Com9 merce’’. 

10 (d) CONFORMING AMENDMENT.—Section 7902(e)(1) of 

11 such title is amended by striking ‘‘Ocean Research Advisory 

12 Panel’’ and inserting ‘‘Ocean Research and Resources Advi13 sory Panel’’. 

14 (e) CLERICAL AMENDMENTS.— 

15 (1) HEADING AMENDMENT.—The heading of sec16 tion 7903 of such title is amended to read as follows: 

17 ‘‘§ 7903. Ocean Research and Resources Advisory 

18 Panel’’. 

19 (2) TABLE OF SECTIONS.—The table of sections 

20 at the beginning of chapter 665 of such title is 

21 amended by striking the item relating to section 7903 

22 and inserting the following new item: 

‘‘7903. Ocean Research and Resources Advisory Panel.’’. 

23 (f) REFERENCES.—Any reference to the Ocean Re24 search Advisory Panel in any law, regulation, map, docu25 ment, record, or other paper of the United States shall be 


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1 deemed to be a reference to the Ocean Research and Re2 sources Advisory Panel. 

3 SEC. 272. SENSE OF SENATE ON INCREASING THE COST-EF4 FECTIVENESS OF TRAINING EXERCISES FOR 

5 MEMBERS OF THE ARMED FORCES. 

6 It is the sense of the Senate that— 

7 (1) modeling and simulation will continue to 

8 play a critical role in the training of the members of 

9 the Armed Forces; 

10 (2) while increased modeling and simulation has 

11 reduced overall costs of training of members of the 

12 Armed Forces, there are still significant costs associ13 ated with the human resources required to execute cer14 tain training exercises where role-playing actors for 

15 certain characters such as opposing forces, the civil16 ian populace, other government agencies, and non17 governmental organizations are required; 

18 (3) technological advances in areas such as vary19 ing levels of autonomy for systems, multi-player gam20 ing techniques, and artificial intelligence could reduce 

21 the number of personnel required to support certain 

22 training exercises for members of the Armed Forces, 

23 and thereby reduce the overall cost of the exercises; 

24 and 


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1 (4) the Secretary of Defense should develop a 

2 plan to increase the use of emerging technologies in 

3 autonomous systems, the commercial gaming sector, 

4 and artificial intelligence for training exercises for 

5 members of the Armed Forces to increase training ef6 fectiveness and reduce costs. 

7 TITLE III—OPERATION AND 

8 MAINTENANCE 

9 Subtitle A—Authorization of 

10 Appropriations 

11 SEC. 301. OPERATION AND MAINTENANCE FUNDING. 

12 Funds are hereby authorized to be appropriated for fis13 cal year 2013 for the use of the Armed Forces and other 

14 activities and agencies of the Department of Defense for ex15 penses, not otherwise provided for, for operation and main16 tenance, as specified in the funding table in section 4301. 

17 Subtitle B—Energy and 

18 Environmental Provisions 

19 SEC. 311. DEPARTMENT OF DEFENSE GUIDANCE ON ENVI20 RONMENTAL EXPOSURES AT MILITARY IN21 STALLATIONS. 

22 (a) GUIDANCE.—Not later than 180 days after the date 

23 of the enactment of this Act, the Secretary of Defense shall 

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1 fense agencies written guidance on environmental exposures 

2 at military installations. The guidance shall— 

3 (1) set forth criteria for when and under what 

4 circumstances public health assessments by the Agen5 cy for Toxic Substances and Disease Registry shall be 

6 requested in connection with environmental contami7 nation at military installations, including past inci8 dents of environmental contamination; 

9 (2) establish procedures for tracking and docu10 menting the status and nature of responses to the 

11 findings and recommendations of the public health as12 sessments of the Agency of Toxic Substances and Dis13 ease Registry that involve contamination at military 

14 installations; and 

15 (3) prescribe appropriate actions with respect to 

16 the identification of military and civilian individuals 

17 who may have been exposed to contamination while 

18 living or working on military installations. 

19 (b) REPORT.—Not later than 30 days after issuing the 

20 guidance required under subsection (a), the Secretary of De21 fense shall transmit a copy of the guidance to the congres22 sional defense committees. 


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1 SEC. 312. FUNDING OF AGREEMENTS UNDER THE SIKES 

2 ACT. 

3 Section 103a of the Sikes Act (16 U.S.C. 670c–1) is 

4 amended— 

5 (1) in subsection (b)— 

6 (A) by inserting ‘‘(1)’’ before ‘‘Funds’’; and 

7 (B) by adding at the end the following new 

8 paragraph: 

9 ‘‘(2) In the case of a cooperative agreement under sub10 section (a)(2), such funds— 

11 ‘‘(A) may be paid in a lump sum and include 

12 an amount intended to cover the future costs of the 

13 natural resource maintenance and improvement ac14 tivities provided for under the agreement; and 

15 ‘‘(B) may be placed by the recipient in an inter16 est-bearing account, and any interest shall be applied 

17 for the same purposes as the principal.’’; and 

18 (2) by amending subsection (c) to read as fol19 lows: 

20 ‘‘(c) AVAILABILITY OF FUNDS; AGREEMENT UNDER

21 OTHER LAWS.—(1) Cooperative agreements and inter22 agency agreements entered into under this section shall be 

23 subject to the availability of funds. 

24 ‘‘(2) Notwithstanding chapter 63 of title 31, a coopera25 tive agreement under this section may be used to acquire 


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1 property or services for the direct benefit or use of the 

2 United States Government.’’. 

3 SEC. 313. REPORT ON PROPERTY DISPOSALS AND ADDI4 TIONAL AUTHORITIES TO ASSIST LOCAL COM5 MUNITIES AROUND CLOSED MILITARY IN6 STALLATIONS. 

7 (a) IN GENERAL.—Not later than 180 days after the 

8 date of the enactment of this Act, the Secretary of Defense 

9 shall submit to the congressional defense committees a re10 port on the disposition of any not yet completed closure of 

11 an active duty military installation since 1988 in the 

12 United States that was not subject to the property disposal 

13 provisions contained in the Defense Base Closure and Re14 alignment Act of 1990 (part A of title XXIX of Public Law 

15 101–510; 10 U.S.C. 2687 note). 

16 (b) ELEMENTS.—The report required by subsection (a) 

17 shall include the following: 

18 (1) The status of property described in subsection 

19 (a) that is yet to be disposed of. 

20 (2) An assessment of the environmental condi21 tions of, and plans and costs for environmental reme22 diation for, each such property. 

23 (3) The anticipated schedule for the completion 

24 of the disposal of each such property. 


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1 (4) An estimate of the costs, and a description 

2 of additional potential future financial liability or 

3 other impacts on the Department of Defense, if the 

4 authorities provided by Congress for military instal5 lations closed under defense base closure and realign6 ment (BRAC) are extended to military installations 

7 closed outside the defense base closure and realign8 ment process and for which property has yet to be 

9 disposed. 

10 (5) Such recommendations as the Secretary con11 siders appropriate for additional authorities to assist 

12 the Department in expediting the disposal of property 

13 at closed military installations in order to facilitate 

14 economic redevelopment for local communities. 

15 (c) MILITARY INSTALLATION DEFINED.—In this sec16 tion, the term ‘‘military installation’’ means a base, camp, 

17 post, station, yard, center, homeport facility for any ship, 

18 or other activity under the jurisdiction of the Department 

19 of Defense, which is located within any of the several States, 

20 the District of Columbia, the Commonwealth of Puerto Rico, 

21 American Samoa, the Virgin Islands, the Commonwealth 

22 of the Northern Mariana Islands, or Guam. 


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1 Subtitle C—Logistics and 

2 Sustainment 

3 SEC. 321. REPEAL OF CERTAIN PROVISIONS RELATING TO 

4 DEPOT-LEVEL MAINTENANCE. 

5 (a) REPEAL.— 

6 (1) Section 2460 of title 10, United States Code 

7 (as amended by section 321 of the National Defense 

8 Authorization Act for Fiscal Year 2012 (Public Law 

9 112–81)), is repealed. 

10 (2) Section 2464 of title 10, United States Code 

11 (as amended by section 327 of the National Defense 

12 Authorization Act for Fiscal Year 2012), is repealed. 

13 (b) REVIVAL OF SUPERSEDED PROVISIONS.— 

14 (1) The provisions of section 2460 of title 10, 

15 United States Code, as in effect on December 30, 2011 

16 (the day before the date of the enactment of the Na17 tional Defense Authorization Act for Fiscal Year 

18 2012), are hereby revived. 

19 (2)(A) The provisions of section 2464 of 10, 

20 United States Code, as in effect on that date, are 

21 hereby revived. 

22 (B) The table of sections at the beginning of 

23 chapter 146 of such title is amended by striking the 


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1 item relating to section 2464 and inserting the fol2 lowing new item: 

‘‘2464. Core logistics capabilities.’’. 

3 (c) CONFORMING AMENDMENTS.— 

4 (1) Section 2366a of title 10, United States 

5 Code, is amended by striking ‘‘core depot-level main6 tenance and repair capabilities’’ each place it ap7 pears and inserting ‘‘core logistics capabilities’’. 

8 (2) Section 2366b(A)(3)(F) of title 10, United 

9 States Code, is amended by striking ‘‘core depot-level 

10 maintenance and repair capabilities, as well as the 

11 associated logistics capabilities’’ and inserting ‘‘core 

12 logistics capabilities’’. 

13 (3) Section 801(c) of the National Defense Au14 thorization Act for Fiscal Year 2012 (125 Stat. 1483; 

15 10 U.S.C. 2366a note) is amended by striking ‘‘core 

16 depot-level maintenance and repair capabilities, as 

17 well as the associated logistics capabilities’’ and in18 serting ‘‘core logistics capabilities’’. 

19 (d) EFFECTIVE DATE.—This section and the amend20 ments made by this section shall take effect on December 

21 31, 2011, the date of the enactment of the National Defense 

22 Authorization Act for Fiscal Year 2012, immediately after 

23 the enactment of that Act. 


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1 SEC. 322. EXPANSION AND REAUTHORIZATION OF MULTI2 TRADES DEMONSTRATION PROJECT. 

3 (a) EXPANSION.—Section 338 of the National Defense 

4 Authorization Act for Fiscal Year 2004 (10 U.S.C. 5013 

5 note) is amended— 

6 (1) by striking subsection (a) and inserting the 

7 following new subsection: 

8 ‘‘(a) DEMONSTRATION PROJECT AUTHORIZED.—In 

9 accordance with section 4703 of title 5, United States Code, 

10 the Secretary of a military department may carry out a 

11 demonstration project at facilities described in subsection 

12 (b) under which workers who are certified at the journey 

13 level as able to perform multiple trades shall be promoted 

14 by one grade level.’’; and 

15 (2) in subsection (b), by striking ‘‘Logistics Cen16 ter, Navy Fleet Readiness Center,’’ and inserting ‘‘Lo17 gistics Complex, Navy Fleet Readiness Center, Navy 

18 shipyard, Marine Corps Logistics Base,’’. 

19 (b) REAUTHORIZATION.—Such section is further 

20 amended— 

21 (1) in subsection (d), by striking ‘‘2013’’ and in22 serting ‘‘2018’’; and 

23 (2) in subsection (e), by striking ‘‘2014’’ and in24 serting ‘‘2019’’. 


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1 SEC. 323. RATING CHAINS FOR SYSTEM PROGRAM MAN2 AGERS. 

3 The Secretary of the Air Force, in managing system 

4 program management responsibilities for sustainment pro5 grams not assigned to a program executive officer or a di6 rect reporting program manager, shall comply with the De7 partment of Defense Instructions regarding assignment of 

8 program responsibility. 

9 Subtitle D—Reports 

10 SEC. 331. ANNUAL REPORT ON DEPARTMENT OF DEFENSE 

11 LONG-TERM CORROSION STRATEGY. 

12 Section 2228(e) of title 10, United States Code, is 

13 amended— 

14 (1) in paragraph (1)— 

15 (A) in subparagraph (B), by inserting ‘‘, 

16 including available validated data on return on 

17 investment for completed corrosion projects and 

18 activities’’ after ‘‘the strategy’’; 

19 (B) in subparagraph (E), by striking ‘‘For 

20 the fiscal year covered by the report and the pre21 ceding fiscal year’’ and inserting ‘‘For the pre22 ceding fiscal year covered by the report’’; and 

23 (C) by inserting at the end the following 

24 new subparagraph: 

25 ‘‘(F) For the preceding fiscal year covered by the 

26 report, a breakdown of the amount of funds used for 


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1 military corrosion projects, the Technical Corrosion 

2 Collaboration pilot program, and other corrosion-re3 lated activities.’’; 

4 (2) by striking paragraph (2); and 

5 (3) by redesignating paragraph (3) as para6 graph (2). 

7 SEC. 332. MODIFIED DEADLINE FOR COMPTROLLER GEN8 ERAL REVIEW OF ANNUAL REPORT ON 

9 PREPOSITIONED MATERIEL AND EQUIPMENT. 

10 Section 2229a(b) of title 10, United States Code, is 

11 amended by striking ‘‘By not later than 120 days after the 

12 date on which a report is submitted under subsection (a), 

13 the Comptroller General shall review the report’’ and insert14 ing ‘‘The Comptroller General shall review the report sub15 mitted under subsection (a)’’. 

16 Subtitle E—Other Matters 

17 SEC. 341. SAVINGS TO BE ACHIEVED IN CIVILIAN WORK18 FORCE AND CONTRACTOR EMPLOYEE WORK19 FORCE OF THE DEPARTMENT OF DEFENSE. 

20 (a) REQUIRED SAVINGS.—Commencing not later than 

21 90 days after the date of the enactment of this Act, the Sec22 retary of Defense shall begin the implementation of an effi23 ciencies plan for the civilian workforce and the service con24 tractor workforce of the Department of Defense which shall 

25 achieve savings in the funding for each such workforce over 


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1 the period from fiscal year 2012 through fiscal year 2017 

2 that are not less, as a percentage of such funding, than the 

3 savings in funding for military personnel achieved by the 

4 planned reduction in military end strengths over the same 

5 period of time. 

6 (b) EXCLUSIONS.—The funding reduction required by 

7 subsection (a) shall not include funding for the following: 

8 (1) Civilian personnel expenses for personnel as 

9 follows: 

10 (A) Personnel in Mission Critical Occupa11 tions, as defined by the Civilian Human Capital 

12 Strategic Plan of the Department of Defense and 

13 the Acquisition Workforce Plan of the Depart14 ment of Defense. 

15 (B) Personnel employed at facilities pro16 viding core logistics capabilities pursuant to sec17 tion 2464 of title 10, United States Code. 

18 (C) Personnel in the Offices of the Inspec19 tors General of the Department of Defense. 

20 (2) Service contractor expenses for personnel as 

21 follows: 

22 (A) Personnel performing maintenance and 

23 repair of military equipment. 

24 (B) Personnel providing medical services. 


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1 (C) Personnel performing financial audit 

2 services. 

3 (3) Personnel expenses for personnel in the civil4 ian personnel or service contractor workforce per5 forming such other critical functions as may be iden6 tified by the Secretary as requiring exemption in the 

7 interest of the national defense. 

8 (c) REPORTS.— 

9 (1) INITIAL REPORT.—Not later than 120 days 

10 after the date of the enactment of this Act, the Sec11 retary shall submit to the congressional defense com12 mittees a report including a comprehensive descrip13 tion of the plan required by subsection (a). 

14 (2) STATUS REPORTS.—Not later than 60 days 

15 after the end of each fiscal year from fiscal year 2013 

16 through fiscal year 2017, the Secretary shall submit 

17 to the congressional defense committees a report de18 scribing the implementation of the plan during the 

19 prior fiscal year. Each such report shall include a di20 rect comparison of the savings achieved under the 

21 plan to the savings achieved in the same fiscal year 

22 through reductions in military end strengths. In any 

23 case in which savings fall short of the annual target, 

24 the report shall include an explanation of the reasons 

25 for such shortfall. 


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1 (3) EXEMPTIONS.—Each report under para2 graphs (1) and (2) shall specifically identify any ex3 emption granted by the Secretary under subsection 

4 (b)(3) in the period of time covered by the report. 

5 (d) LIMITATION ON TRANSFERS OF FUNCTIONS.—The 

6 Secretary shall ensure that the savings required by this sec7 tion are not achieved through unjustified transfers of func8 tions between or among the military, civilian, and service 

9 contractor workforces of the Department of Defense. 

10 (e) SENSE OF CONGRESS.—It is the sense of Congress 

11 that an amount equal to 30 percent of the amount of the 

12 reductions in appropriated funds attributable to reduced 

13 budgets for the civilian and service contractor workforces 

14 of the Department by reason of the plan required by sub15 section (a) should be made available for costs of assisting 

16 military personnel separated from the Armed Forces in the 

17 transition from military service. 

18 (f) SERVICE CONTRACTOR WORKFORCE DEFINED.—In 

19 this section, the term ‘‘service contractor workforce’’ means 

20 contractor employees performing contract services, as de21 fined in section 2330(c)(2) of title 10, United States Code, 

22 other than contract services that are funded out of amounts 

23 available for overseas contingency operations. 


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1 SEC. 342. NATO SPECIAL OPERATIONS HEADQUARTERS. 

2 (a) IN GENERAL.—Chapter 138 of title 10, United 

3 States Code, is amended by adding at the end the following 

4 new section: 

5 ‘‘§ 2350n. NATO Special Operations Headquarters 

6 ‘‘(a) AUTHORIZATION.—Of the amounts authorized to 

7 be appropriated for fiscal year 2013 and for subsequent fis8 cal years for the Department of Defense for operation and 

9 maintenance, up to $50,000,000 may be used for a fiscal 

10 year for the purposes set forth in subsection (b) for support 

11 of operations of the North Atlantic Treaty Organization 

12 (NATO) Special Operations Headquarters. 

13 ‘‘(b) PURPOSES.—The Secretary of Defense may pro14 vide funds for the NATO Special Operations Head15 quarters— 

16 ‘‘(1) to improve coordination and cooperation be17 tween the special operations forces of NATO member 

18 countries; 

19 ‘‘(2) to facilitate joint operations by special oper20 ations forces of NATO member countries; 

21 ‘‘(3) to support command, control, and commu22 nications capabilities peculiar to special operations 

23 forces of NATO member countries; 

24 ‘‘(4) to promote special operations forces intel25 ligence and informational requirements within the 

26 NATO structure; and 


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1 ‘‘(5) to promote interoperability through the de2 velopment of common equipment standards, tactics, 

3 techniques, and procedures, and through execution of 

4 multinational education and training programs. 

5 ‘‘(c) ANNUAL REPORT.—Not later than April 1 of each 

6 year, the Secretary of Defense shall submit to the congres7 sional defense committees a report regarding Department 

8 of Defense support for the NATO Special Operations Head9 quarters. Each report shall include the following: 

10 ‘‘(1) The total amount of funding provided to the 

11 NATO Special Operations Headquarters. 

12 ‘‘(2) A summary of the activities funded with 

13 such support. 

14 ‘‘(3) Other contributions, financial or in kind, 

15 provided in support of the NATO Special Operations 

16 Headquarters by other NATO member countries.’’. 

17 (b) CLERICAL AMENDMENT.—The table of sections at 

18 the beginning of such chapter is amended by inserting after 

19 the item relating to section 2350m the following new item: 

‘‘2350n. NATO Special Operations Headquarters.’’. 

20 SEC. 343. REPEAL OF REDUNDANT AUTHORITY TO ENSURE 

21 INTEROPERABILITY OF LAW ENFORCEMENT 

22 AND EMERGENCY RESPONDER TRAINING. 

23 Section 372 of title 10, United States Code, is amend24 ed— 

25 (1) by striking ‘‘(a) IN GENERAL.—’’; and 


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1 (2) by striking subsection (b). 

2 SEC. 344. SENSE OF THE CONGRESS ON NAVY FLEET RE3 QUIREMENTS. 

4 It is the sense of Congress that— 

5 (1) The Secretary of the Navy, in supporting the 

6 operational requirements of the combatant commands, 

7 should maintain in the operational capability of and 

8 perform the necessary maintenance on each cruiser 

9 and dock landing ship belonging to the Navy; 

10 (2) for retirements of ships owned by the Navy 

11 prior to their projected end of service life, the Chief 

12 of Naval Operations must explain to the Congres13 sional Defense Committees how the retention of each 

14 ship would degrade the overall readiness of the fleet 

15 and endanger United States National Security and 

16 the objectives of the combatant commanders; and 

17 (3) revitalizing the Navy’s 30-year shipbuilding 

18 plan should be a national priority, and a commensu19 rate amount of increased funding should be provided 

20 to the Navy in the Future Years Defense Program to 

21 help close the gap between requirements and the cur22 rent size of the fleet. 


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1 TITLE IV—MILITARY PERSONNEL 

2 AUTHORIZATIONS 

3 Subtitle A—Active Forces 

4 SEC. 401. END STRENGTHS FOR ACTIVE FORCES. 

5 The Armed Forces are authorized strengths for active 

6 duty personnel as of September 30, 2013, as follows: 

7 (1) The Army, 552,100. 

8 (2) The Navy, 322,700. 

9 (3) The Marine Corps, 197,300. 

10 (4) The Air Force, 329,597. 

11 SEC. 402. ADDITIONAL MARINE CORPS PERSONNEL FOR 

12 THE MARINE CORPS SECURITY GUARD PRO13 GRAM. 

14 (a) ADDITIONAL PERSONNEL.— 

15 (1) IN GENERAL.—The Secretary of Defense shall 

16 develop and implement a plan which shall increase 

17 the number of Marine Corps personnel assigned to the 

18 Marine Corps Embassy Security Group at Quantico, 

19 Virginia, and Marine Security Group Regional Com20 mands and Marine Security Group detachments at 

21 United States missions around the world by up to 

22 1,000 Marines during fiscal years 2014 through 2017. 

23 (2) PURPOSE.—The purpose of the increase 

24 under paragraph (1) shall be to provide the end 

25 strength and resources necessary to support an inVerDate Mar 15 2010 01:32 Dec 07, 2012 Jkt 029200 PO 00000 Frm 00127 Fmt 6652 Sfmt 6203 E:\SENENR\H4310.PP H4310

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1 crease in Marine Corps security at United States con2 sulates and embassies throughout the world, and in 

3 particular at locations identified by the Secretary of 

4 State as in need of increased security in light of 

5 threats to United States personnel and property by 

6 terrorists. 

7 (b) CONSULTATION.—The Secretary of Defense shall 

8 develop and implement the plan required by subsection (a) 

9 in consultation with the Secretary of State pursuant to the 

10 responsibility of the Secretary of State for diplomatic secu11 rity under section 103 of the Diplomatic Security Act (22 

12 U.S.C. 4802), and in accordance with any current memo13 randum of understanding between the Department of State 

14 and the Marine Corps on the operational and administra15 tive supervision of the Marine Corps Security Guard Pro16 gram. 

17 (c) FUNDING.— 

18 (1) BUDGET REQUESTS.—The budget of the 

19 President for each fiscal year after fiscal year 2013, 

20 as submitted to Congress pursuant to section 1105(a) 

21 of title 31, United States Code, shall set forth as sepa22 rate line elements, under the amounts requested for 

23 such fiscal year for each of procurement, operation 

24 and maintenance, and military personnel to fully 

25 fund each of the following: 


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1 (A) The Marine Corps. 

2 (B) The Marine Corps Security Guard Pro3 gram, including for the additional personnel 

4 under the Marine Corps Security Guard Pro5 gram as result of the plan required by subsection 

6 (a). 

7 (2) PRESERVATION OF FUNDING FOR USMC

8 UNDER NATIONAL MILITARY STRATEGY.—In deter9 mining the amounts to be requested for a fiscal year 

10 for the Marine Corps Security Guard Program and 

11 for additional personnel under the Marine Corps Se12 curity Guard Program under paragraph (1), the 

13 President shall ensure that amounts requested for the 

14 Marine Corps for that fiscal year do not degrade the 

15 readiness of the Marine Corps to fulfill the require16 ments of the National Military Strategy. 

17 (d) REPORTS.— 

18 (1) REPORTS ON PROGRAM.—Not later than Oc19 tober 1, 2014, and annually thereafter through Octo20 ber 1, 2017, the Secretary of Defense shall, in coordi21 nation with the Secretary of State, submit to Con22 gress a report on the Marine Corps Security Guard 

23 Program. Each report shall include the following: 

24 (A) A description of the expanded security 

25 support provided by Marine Corps Security 


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1 Guards to the Department of State during the 

2 fiscal year ending on the date of such report, in3 cluding— 

4 (i) any increased internal security pro5 vided at United States embassies and con6 sulates throughout the world; 

7 (ii) any increased support for emer8 gency action planning, training, and advis9 ing of host nation security forces; and 

10 (iii) any expansion of intelligence col11 lection activities. 

12 (B) A description of the current status of 

13 Marine Corps personnel assigned to the Program 

14 as a result of the plan required by subsection (a). 

15 (C) A description of the Department of De16 fense resources required in the fiscal year ending 

17 on the date of such report to support the Marine 

18 Corps Security Guard program, including total 

19 end strength and key supporting programs that 

20 enable both its current and expanded mission 

21 during such fiscal year. 

22 (D) A reassessment of the mission of the 

23 Program, as well as procedural rules of engage24 ment under the Program, in light of current and 

25 emerging threats to United States diplomatic 


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1 personnel, and a description and assessment of 

2 options to improve the Program to respond to 

3 such threats. 

4 (E) An assessment of the feasibility and ad5 visability of authorizing, funding, and admin6 istering the Program as a separate program 

7 within the Marine Corps, and if such actions are 

8 determined to be feasible and advisable, rec9 ommendations for legislative and administrative 

10 actions to provide for authorizing, funding, and 

11 administering the Program as a separate pro12 gram within the Marine Corps. 

13 (2) REPORT ON CHANGES IN SCOPE OF PROGRAM

14 IN RESPONSE TO CHANGING THREATS.—If the Presi15 dent determines that a modification (whether an in16 crease or a decrease) in the scope of the Marine Corps 

17 Security Guard Program is necessary or advisable in 

18 light of any change in the nature of threats to United 

19 States embassies, consulates and other diplomatic fa20 cilities abroad, the President shall— 

21 (A) notify Congress of such modification 

22 and the change in the nature of threats prompt23 ing such modification; and 

24 (B) take such modification into account in 

25 requesting an end strength and funds for the 


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1 Program for any fiscal year in which such modi2 fication is in effect. 

3 Subtitle B—Reserve Forces 

4 SEC. 411. END STRENGTHS FOR SELECTED RESERVE. 

5 (a) IN GENERAL.—The Armed Forces are authorized 

6 strengths for Selected Reserve personnel of the reserve com7 ponents as of September 30, 2013, as follows: 

8 (1) The Army National Guard of the United 

9 States, 358,200. 

10 (2) The Army Reserve, 205,000. 

11 (3) The Navy Reserve, 62,500. 

12 (4) The Marine Corps Reserve, 39,600. 

13 (5) The Air National Guard of the United 

14 States, 106,435. 

15 (6) The Air Force Reserve, 72,428. 

16 (7) The Coast Guard Reserve, 9,000. 

17 (b) END STRENGTH REDUCTIONS.—The end strengths 

18 prescribed by subsection (a) for the Selected Reserve of any 

19 reserve component shall be proportionately reduced by— 

20 (1) the total authorized strength of units orga21 nized to serve as units of the Selected Reserve of such 

22 component which are on active duty (other than for 

23 training) at the end of the fiscal year; and 

24 (2) the total number of individual members not 

25 in units organized to serve as units of the Selected 


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1 Reserve of such component who are on active duty 

2 (other than for training or for unsatisfactory partici3 pation in training) without their consent at the end 

4 of the fiscal year. 

5 (c) END STRENGTH INCREASES.—Whenever units or 

6 individual members of the Selected Reserve of any reserve 

7 component are released from active duty during any fiscal 

8 year, the end strength prescribed for such fiscal year for 

9 the Selected Reserve of such reserve component shall be in10 creased proportionately by the total authorized strengths of 

11 such units and by the total number of such individual mem12 bers. 

13 SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE 

14 DUTY IN SUPPORT OF THE RESERVES. 

15 Within the end strengths prescribed in section 411(a), 

16 the reserve components of the Armed Forces are authorized, 

17 as of September 30, 2013, the following number of Reserves 

18 to be serving on full-time active duty or full-time duty, in 

19 the case of members of the National Guard, for the purpose 

20 of organizing, administering, recruiting, instructing, or 

21 training the reserve components: 

22 (1) The Army National Guard of the United 

23 States, 32,060. 

24 (2) The Army Reserve, 16,277. 

25 (3) The Navy Reserve, 10,114. 


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1 (4) The Marine Corps Reserve, 2,261. 

2 (5) The Air National Guard of the United 

3 States, 14,871. 

4 (6) The Air Force Reserve, 2,888. 

5 SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS 

6 (DUAL STATUS). 

7 The minimum number of military technicians (dual 

8 status) as of the last day of fiscal year 2013 for the reserve 

9 components of the Army and the Air Force (notwith10 standing section 129 of title 10, United States Code) shall 

11 be the following: 

12 (1) For the Army Reserve, 8,445. 

13 (2) For the Army National Guard of the United 

14 States, 28,380. 

15 (3) For the Air Force Reserve, 10,716. 

16 (4) For the Air National Guard of the United 

17 States, 22,313. 

18 SEC. 414. FISCAL YEAR 2013 LIMITATION ON NUMBER OF 

19 NON-DUAL STATUS TECHNICIANS. 

20 (a) LIMITATIONS.— 

21 (1) NATIONAL GUARD.—Within the limitation 

22 provided in section 10217(c)(2) of title 10, United 

23 States Code, the number of non-dual status techni24 cians employed by the National Guard as of Sep25 tember 30, 2013, may not exceed the following: 


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1 (A) For the Army National Guard of the 

2 United States, 1,600. 

3 (B) For the Air National Guard of the 

4 United States, 350. 

5 (2) ARMY RESERVE.—The number of non-dual 

6 status technicians employed by the Army Reserve as 

7 of September 30, 2013, may not exceed 595. 

8 (3) AIR FORCE RESERVE.—The number of non9 dual status technicians employed by the Air Force 

10 Reserve as of September 30, 2013, may not exceed 90. 

11 (b) NON-DUAL STATUS TECHNICIANS DEFINED.—In 

12 this section, the term ‘‘non-dual status technician’’ has the 

13 meaning given that term in section 10217(a) of title 10, 

14 United States Code. 

15 SEC. 415. MAXIMUM NUMBER OF RESERVE PERSONNEL AU16 THORIZED TO BE ON ACTIVE DUTY FOR 

17 OPERATIONAL SUPPORT. 

18 During fiscal year 2013, the maximum number of 

19 members of the reserve components of the Armed Forces who 

20 may be serving at any time on full-time operational sup21 port duty under section 115(b) of title 10, United States 

22 Code, is the following: 

23 (1) The Army National Guard of the United 

24 States, 17,000. 

25 (2) The Army Reserve, 13,000. 


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1 (3) The Navy Reserve, 6,200. 

2 (4) The Marine Corps Reserve, 3,000. 

3 (5) The Air National Guard of the United 

4 States, 16,000. 

5 (6) The Air Force Reserve, 14,000. 

6 Subtitle C—Authorization of 

7 Appropriations 

8 SEC. 421. MILITARY PERSONNEL. 

9 (a) AUTHORIZATION OF APPROPRIATIONS.—Funds are 

10 hereby authorized to be appropriated for fiscal year 2013 

11 for the use of the Armed Forces and other activities and 

12 agencies of the Department of Defense for expenses, not oth13 erwise provided for, for military personnel, as specified in 

14 the funding table in section 4401. 

15 (b) CONSTRUCTION OF AUTHORIZATION.—The author16 ization of appropriations in subsection (a) supersedes any 

17 other authorization of appropriations (definite or indefi18 nite) for such purpose for fiscal year 2013. 

19 TITLE V—MILITARY PERSONNEL 

20 POLICY 

21 Subtitle A—Officer Policy 

22 SEC. 501. EXTENSION OF RELAXATION OF LIMITATION ON 

23 SELECTIVE EARLY DISCHARGES. 

24 Section 638a(d)(2) of title 10 United States Code, is 

25 amended in subparagraphs (A) and (B) by striking ‘‘except 


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1 that during the period beginning on October 1, 2006, and 

2 ending on December 31, 2012,’’ and inserting ‘‘except that 

3 through December 31, 2018,’’. 

4 SEC. 502. EXCEPTION TO 30-YEAR RETIREMENT FOR REG5 ULAR NAVY WARRANT OFFICERS IN THE 

6 GRADE OF CHIEF WARRANT OFFICER, W–5. 

7 (a) EXCEPTION TO STATUTORY 30-YEAR RETIRE8 MENT.—Paragraph (1) of section 1305(a) of title 10, United 

9 States Code, is amended— 

10 (1) by inserting ‘‘or a regular Navy warrant of11 ficer in the grade of chief warrant officer, W–5, ex12 empted under paragraph (3)’’ after ‘‘Army warrant 

13 officer’’; and 

14 (2) by striking ‘‘he’’ and inserting ‘‘the officer’’. 

15 (b) MODIFICATION OF STATUTORY RETIREMENT FROM

16 30 TO 33 YEARS.—Such section is further amended by add17 ing at the end the following new paragraph: 

18 ‘‘(3) In the case of a regular Navy warrant officer in 

19 the grade of chief warrant officer, W–5, the officer shall be 

20 retired 60 days after the date on which the officer completes 

21 33 years of total active service.’’. 


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1 SEC. 503. MODIFICATION OF DEFINITION OF JOINT DUTY 

2 ASSIGNMENT TO INCLUDE ALL INSTRUCTOR 

3 ASSIGNMENTS FOR JOINT TRAINING AND 

4 EDUCATION. 

5 Section 668(b)(1)(B) of title 10, United States Code, 

6 is amended by striking ‘‘assignments for joint’’ and all that 

7 follows through ‘‘Phase II’’ and inserting ‘‘student assign8 ments for joint training and education’’. 

9 SEC. 504. SENSE OF SENATE ON INCLUSION OF ASSIGN10 MENTS AS ACADEMIC INSTRUCTOR AT THE 

11 MILITARY SERVICE ACADEMIES AS JOINT 

12 DUTY ASSIGNMENTS. 

13 It is the sense of the Senate that the Secretary of De14 fense should include assignments in which military officers 

15 are assigned as instructors responsible for preparing and 

16 presenting academic courses on the faculty of the United 

17 States Military Academy, the United States Naval Acad18 emy, or the United States Air Force Academy as joint duty 

19 assignments. 

20 Subtitle B—Reserve Component 

21 Management 

22 SEC. 511. AUTHORITY FOR APPOINTMENT OF PERSONS 

23 WHO ARE LAWFUL PERMANENT RESIDENTS 

24 AS OFFICERS OF THE NATIONAL GUARD. 

25 Section 313(b)(1) of title 32, United States Code, is 

26 amended by inserting ‘‘or an alien lawfully admitted for 


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1 permanent residence (as that term is defined in section 

2 101(a)(20) of the Immigration and Nationality Act (8 

3 U.S.C.1101(a)(20))’’ before the semicolon. 

4 SEC. 512. RESERVE COMPONENT SUICIDE PREVENTION 

5 AND RESILIENCE PROGRAM. 

6 (a) CODIFICATION, TRANSFER OF RESPONSIBILITY, 

7 AND EXTENSION.— 

8 (1) IN GENERAL.—Chapter 1007 of title 10, 

9 United States Code, is amended by adding at the end 

10 the following new section: 

11 ‘‘§ 10219. Suicide prevention and resilience program 

12 ‘‘(a) PROGRAM REQUIREMENT.—The Secretary of De13 fense shall carry out a program to provide members of the 

14 National Guard and Reserves and their families with train15 ing in suicide prevention, resilience, and community heal16 ing and response to suicide. 

17 ‘‘(b) SUICIDE PREVENTION TRAINING.—Under the 

18 program, the Secretary shall provide members of the Na19 tional Guard and Reserves with training in suicide preven20 tion. Such training may include— 

21 ‘‘(1) describing the warning signs for suicide and 

22 teaching effective strategies for prevention and inter23 vention; 

24 ‘‘(2) examining the influence of military culture 

25 on risk and protective factors for suicide; and 


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1 ‘‘(3) engaging in interactive case scenarios and 

2 role plays to practice effective intervention strategies. 

3 ‘‘(c) COMMUNITY RESPONSE TRAINING.—Under the 

4 program, the Secretary shall provide the families and com5 munities of members of the National Guard and Reserves 

6 with training in responses to suicide that promote indi7 vidual and community healing. Such training may in8 clude— 

9 ‘‘(1) enhancing collaboration among community 

10 members and local service providers to create an inte11 grated, coordinated community response to suicide; 

12 ‘‘(2) communicating best practices for preventing 

13 suicide, including safe messaging, appropriate memo14 rial services, and media guidelines; 

15 ‘‘(3) addressing the impact of suicide on the 

16 military and the larger community, and the increased 

17 risk that can result; and 

18 ‘‘(4) managing resources to assist key commu19 nity and military service providers in helping the 

20 families, friends, and fellow servicemembers of a sui21 cide victim through the processes of grieving and heal22 ing. 

23 ‘‘(d) COMMUNITY TRAINING ASSISTANCE.—The pro24 gram shall include the provision of assistance with such 

25 training to the local communities of those servicemembers 


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1 and families, to be provided in coordination with local com2 munity programs. 

3 ‘‘(e) COLLABORATION.—In carrying out the program, 

4 the Secretary shall collect and analyze ‘lessons learned’ and 

5 suggestions from State National Guard and Reserve organi6 zations with existing or developing suicide prevention and 

7 community response programs. 

8 ‘‘(f) TERMINATION.—The program under this section 

9 shall terminate on October 1, 2015.’’. 

10 (2) CLERICAL AMENDMENT.—The table of sec11 tions at the beginning of chapter 1007 of such title is 

12 amended by adding at the end the following new item: 

‘‘10219. Suicide prevention and resilience program.’’. 

13 (b) REPEAL OF SUPERSEDED PROVISION.—Subsection 

14 (i) of section 582 of the National Defense Authorization Act 

15 for Fiscal Year 2008 (10 U.S.C. 10101 note) is repealed. 

16 SEC. 513. REPORT ON MECHANISMS TO EASE THE RE17 INTEGRATION INTO CIVILIAN LIFE OF MEM18 BERS OF THE NATIONAL GUARD AND THE RE19 SERVES FOLLOWING A DEPLOYMENT ON AC20 TIVE DUTY. 

21 (a) STUDY REQUIRED.—The Secretary of Defense shall 

22 conduct a study of the adequacy of mechanisms for the re23 integration into civilian life of members of the National 

24 Guard and the Reserves following a deployment on active 

25 duty in the Armed Forces, including whether permitting 


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1 such members to remain on active duty for a limited period 

2 after such deployment (often referred to as a ‘‘soft landing’’) 

3 is feasible and advisable for facilitating and easing that re4 integration. 

5 (b) ELEMENTS.— 

6 (1) IN GENERAL.—The study required by sub7 section (a) shall address the unique challenges mem8 bers of the National Guard and the Reserves face 

9 when reintegrating into civilian life following a de10 ployment on active duty in the Armed Forces and the 

11 adequacy of the policies, programs, and activities of 

12 the Department of Defense to assist such members in 

13 meeting such challenges. 

14 (2) PARTICULAR ELEMENTS.—The study shall 

15 take into consideration the following: 

16 (A) Disparities in reintegration after de17 ployment between members of the regular compo18 nents of the Armed Forces and members of the 

19 reserve components of the Armed Forces, includ20 ing— 

21 (i) disparities in access to services, in22 cluding, but not limited to, health care, 

23 mental health counseling, job counseling, 

24 and family counseling; 


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1 (ii) disparities in amounts of com2 pensated time provided to take care of per3 sonal affairs; 

4 (iii) disparities in amounts of time re5 quired to properly access services and to 

6 take care of personal affairs, including trav7 el time; and 

8 (iv) disparities in costs of uncompen9 sated events or requirements, including, but 

10 not limited to, travel costs and legal fees. 

11 (B) Disparities in reintegration policies 

12 and practices among the various Armed Forces 

13 and between the regular and reserve components 

14 of the Armed Forces. 

15 (C) Disparities in the lengths of time of de16 ployment between the regular and reserve compo17 nents of the Armed Forces. 

18 (D) Applicable medical studies on re19 integration, including studies on the rest and re20 cuperation needed to appropriately recover from 

21 combat and training stress. 

22 (E) Other applicable studies on reintegra23 tion policies and practices, including the rec24 ommendations made by such studies. 


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1 (F) Appropriate recommendations for the 

2 elements of a program to assist members of the 

3 National Guard and the Reserves following a de4 ployment on active duty in the Armed Forces in 

5 reintegrating into civilian life, including means 

6 of ensuring that the program applies uniformly 

7 across the Armed Forces and between the regular 

8 components and reserve components of the Armed 

9 Forces. 

10 (c) REPORT.—Not later than 180 days after the date 

11 of the enactment of this Act, the Secretary shall submit to 

12 the congressional defense committees a report on the study 

13 required by subsection (a). The report shall set forth the 

14 results of the study, including the matters specified in sub15 section (b), and include such comments and recommenda16 tion in light of the study as the Secretary considers appro17 priate. 

18 Subtitle C—General Service 

19 Authorities 

20 SEC. 521. DIVERSITY IN THE ARMED FORCES AND RELATED 

21 REPORTING REQUIREMENTS. 

22 (a) PLAN TO ACHIEVE DIVERSITY IN THE ARMED

23 FORCES.—The Secretary of Defense shall develop and im24 plement a plan to accurately measure the efforts of the De25 partment of Defense to achieve the goal of having a dynamic 


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1 and sustainable 20–30 year pipeline that yields a diverse 

2 officer and enlisted corps for the Armed Forces that reflects 

3 the population of the United States eligible to serve in the 

4 Armed Forces across all the Armed Forces, and all grades 

5 of each Armed Force, that is able to prevail in its wars, 

6 prevent and deter conflicts, defeat adversaries and succeed 

7 in a wide-range of contingencies, and preserve and enhance 

8 the all volunteer force. Any metric established pursuant to 

9 this subsection may not be used in a manner that under10 mines the merit-based processes of the Department of De11 fense, including such processes for accession, retention, and 

12 promotion. Such metrics may not be combined with the 

13 identification of specific quotas based upon diversity char14 acteristics. The Secretary shall continue to account for di15 versified language and cultural skills among the total force 

16 of the military. 

17 (b) METRICS TO MEASURE PROGRESS IN DEVELOPING

18 AND IMPLEMENTING PLAN.—In developing and imple19 menting the plan under subsection (a), the Secretary of De20 fense shall develop a standard set of metrics and collection 

21 procedures that are uniform across the armed forces. The 

22 metrics required by this subsection shall be designed— 

23 (1) to accurately capture the inclusion and capa24 bility aspects of the armed forces broader diversity 

25 plans, including race, ethnic, and gender specific 


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1 groups, functional expertise, and diversified cultural 

2 and language skills so as to leverage and improve 

3 readiness; and 

4 (2) to be verifiable and systematically linked to 

5 strategic plans that will drive improvements. 

6 (c) DEFINITION OF DIVERSITY.—In developing and 

7 implementing the plan under subsection (a), each Secretary 

8 of a military department shall, in consultation with the 

9 Secretary of Defense, develop a definition of diversity that 

10 is reflective of the culture, mission, and core values of each 

11 Armed Force under the jurisdiction of such Secretary. 

12 (d) CONSULTATION.—Not less than annually, the Sec13 retary of Defense shall meet with the Secretaries of the mili14 tary departments, the Joint Chiefs of Staff, and senior en15 listed members of the Armed Forces to discuss the progress 

16 being made toward developing and implementing the plan 

17 established under subsection (a). 

18 (e) REPORTS ON IMPLEMENTATION OF PLAN.—Not 

19 later than July 1, 2013, and biennially thereafter through 

20 July 1, 2017, the Secretary of Defense shall submit to the 

21 congressional defense committees a report on the following: 

22 (1) The progress made in implementing the plan 

23 required by subsection (a) to accurately measure the 

24 efforts of the Department of Defense to achieve its di25 versity goals. 


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1 (2) The number of members of the Armed Forces, 

2 including reserve components, listed by sex and race 

3 or ethnicity for each grade under each military de4 partment. 

5 (3) The number of members of the Armed Forces, 

6 including reserve components, who were promoted 

7 during the years covered by the report, listed by sex 

8 and race or ethnicity for each grade under each mili9 tary department. 

10 (4) The number of members of the Armed Forces, 

11 including reserve components, who reenlisted or other12 wise extended the commitment to military service 

13 during the years covered by the report, listed by sex 

14 and race or ethnicity for each grade under each mili15 tary department. 

16 (5) The available pool of qualified candidates for 

17 the general officer grades of general and lieutenant 

18 general and the flag officer grades of admiral and vice 

19 admiral. 

20 (f) APPLICABILITY TO COAST GUARD.—The Secretary 

21 of Homeland Security shall apply the provisions of this sec22 tion (other than subsection (d)) to the Coast Guard when 

23 it is not operating as a service in the Navy in order to 

24 achieve diversity in the Coast Guard in the same manner, 

25 under the same schedule, and subject to the same conditions 


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1 as diversity is achieved in the other Armed Forces under 

2 this section. The Secretary shall submit to the congressional 

3 defense committees the reports required by subsection (e) 

4 with respect to the implementation of the provisions of this 

5 section regarding the Coast Guard when it is not operating 

6 as a service in the Navy. 

7 SEC. 522. MODIFICATION OF AUTHORITY TO CONDUCT PRO8 GRAMS ON CAREER FLEXIBILITY TO EN9 HANCE RETENTION OF MEMBERS OF THE 

10 ARMED FORCES. 

11 (a) EXTENSION OF PROGRAMS TO CERTAIN ACTIVE

12 GUARD AND RESERVE PERSONNEL.—Section 533 of Dun13 can Hunter National Defense Authorization Act for Fiscal 

14 Year 2009 (10 U.S.C. prec. 701 note) is amended— 

15 (1) in subsection (a)(1), by inserting ‘‘and mem16 bers on active Guard and Reserve duty’’ after ‘‘offi17 cers and enlisted members of the regular components’’; 

18 (2) by redesignating subsection (l) as subsection 

19 (m); and 

20 (3) by inserting after subsection (k) the following 

21 new subsection (l) 

22 ‘‘(l) DEFINITION.—In this section, the term ‘active 

23 Guard and Reserve duty’ has the meaning given that term 

24 in section 101(d)(6) of title 10, United States Code.’’. 


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1 (b) AUTHORITY TO CARRY FORWARD UNUSED AC2 CRUED LEAVE.—Subsection (h) of such section is amended 

3 by adding at the end the following new paragraph: 

4 ‘‘(5) LEAVE.—A member who participates in a 

5 pilot program is entitled to carry forward the existing 

6 leave balance accumulated in accordance with section 

7 701 of title 10, United States Code, but not to exceed 

8 60 days.’’. 

9 (c) AUTHORITY FOR DISABILITY PROCESSING.—Sub10 section (j) of such section is amended— 

11 (1) by striking ‘‘for purposes of the entitlement’’ 

12 and inserting ‘‘for purposes of— 

13 ‘‘(1) the entitlement’’; 

14 (2) by striking the period at the end and insert15 ing ‘‘; and’’; and 

16 (3) by adding at the end the following new para17 graph: 

18 ‘‘(2) retirement or separation for physical dis19 ability under the provisions of chapters 55 and 61 of 

20 title 10, United States Code.’’. 


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1 SEC. 523. AUTHORITY FOR ADDITIONAL BEHAVIORAL 

2 HEALTH PROFESSIONALS TO CONDUCT PRE3 SEPARATION MEDICAL EXAMINATIONS FOR 

4 POST-TRAUMATIC STRESS DISORDER. 

5 Section 1177(a) of title 10, United States Code, is 

6 amended— 

7 (1) in paragraph (1), by striking ‘‘or psychia8 trist’’ and inserting ‘‘psychiatrist, licensed clinical so9 cial worker, or psychiatric nurse practitioner’’; and 

10 (2) in paragraph (3), by striking ‘‘or psychia11 trist’’ and inserting ‘‘, psychiatrist, licensed clinical 

12 social worker, or psychiatric nurse practitioner’’. 

13 SEC. 524. QUARTERLY REPORTS ON INVOLUNTARY SEPARA14 TION OF MEMBERS OF THE ARMED FORCES. 

15 (a) QUARTERLY REPORTS REQUIRED.—Not later than 

16 30 days after the end of each calendar year quarter in 2013 

17 and 2014, each Secretary of a military department shall 

18 submit to the Committees on Armed Services of the Senate 

19 and the House of Representatives a report on the number 

20 of members of the regular components of the Armed Forces 

21 under the jurisdiction of such Secretary who were involun22 tarily separated from active duty in the Armed Forces dur23 ing such calendar year quarter. 

24 (b) ELEMENTS.—Each report on an Armed Force for 

25 a calendar year quarter under subsection (a) shall set forth 

26 the following: 


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1 (1) The total number members involuntarily sep2 arated. 

3 (2) The number of members separated set forth 

4 by grade. 

5 (3) The number of members separated set forth 

6 by total years of service in the Armed Forces at the 

7 time of separation. 

8 (4) The number of members separated set forth 

9 by military occupational specialty or rating, or com10 petitive category for officers. 

11 (5) The number of members separated who re12 ceived involuntary separation pay, or who are au13 thorized to receive temporary retired pay, in connec14 tion with separation. 

15 (6) The number of members who completed tran16 sition assistance programs relating to future employ17 ment. 

18 (7) The average number of months deployed to 

19 overseas contingency operations set forth by grade. 

20 SEC. 525. REVIEW OF ELIGIBILITY OF VICTIMS OF DOMES21 TIC TERRORISM FOR AWARD OF THE PURPLE 

22 HEART AND THE DEFENSE MEDAL OF FREE23 DOM. 

24 (a) REPORT.—Not later than March 1, 2013, the Sec25 retary of Defense shall, in coordination with the Secretaries 


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1 of the military departments, submit to the Committees on 

2 Armed Services of the Senate and the House of Representa3 tives a report on— 

4 (1) the advisability of modifying the criteria for 

5 the award of the Purple Heart to provide for the 

6 award of the Purple Heart to members of the Armed 

7 Forces who are killed or wounded in a terrorist attack 

8 within the United States that is determined to be in9 spired by ideological, political, or religious beliefs that 

10 give rise to terrorism; and 

11 (2) the advisability of modifying the criteria for 

12 the award of the Defense Medal of Freedom to provide 

13 for the award of the Defense Medal of Freedom to ci14 vilian employees of the United States who are killed 

15 or wounded in a terrorist attack within the United 

16 States that is determined to be inspired by ideolog17 ical, political, or religious beliefs that give rise to ter18 rorism. 

19 (b) DETERMINATION.—As part of the review under20 taken to prepare the report required by subsection (a), the 

21 Secretary of Defense shall conduct a review of each death 

22 or wounding of a member of the Armed Forces or civilian 

23 employee of the United States Government that occurred 

24 within the United States since September 11, 2001, that 

25 could meet the criteria as being the result of a terrorist atVerDate Mar 15 2010 01:32 Dec 07, 2012 Jkt 029200 PO 00000 Frm 00152 Fmt 6652 Sfmt 6203 E:\SENENR\H4310.PP H4310

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1 tack within the United States in order to determine whether 

2 such death or wounding qualifies or potentially would qual3 ify for the award of the Purple Heart or the Defense Medal 

4 of Freedom. 

5 (c) CONSIDERATIONS.—In conducting the review to 

6 prepare the report required by subsection (a), the Secretary 

7 of Defense shall take into consideration the following: 

8 (1) The views of veterans service organizations, 

9 including the Military Order of the Purple Heart. 

10 (2) The importance that has been assigned to de11 termining all available facts before a decision is made 

12 to award the Purple Heart. 

13 (3) Potential effects of an award on the ability 

14 to prosecute perpetrators of terrorist acts in military 

15 or civilian courts. 

16 (4) The views of the Chairman of the Joint 

17 Chiefs of Staff. 

18 SEC. 526. EXTENSION OF TEMPORARY INCREASE IN ACCU19 MULATED LEAVE CARRYOVER FOR MEMBERS 

20 OF THE ARMED FORCES. 

21 Section 701(d) of title 10, United States Code, is 

22 amended by striking ‘‘September 30, 2013’’ and inserting 

23 ‘‘September 30, 2015’’. 


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1 SEC. 527. PROHIBITION ON WAIVER FOR COMMISSIONING 

2 OR ENLISTMENT IN THE ARMED FORCES FOR 

3 ANY INDIVIDUAL CONVICTED OF A FELONY 

4 SEXUAL OFFENSE. 

5 An individual may not be provided a waiver for com6 missioning or enlistment in the Armed Forces if the indi7 vidual has been convicted under Federal or State law of 

8 a felony offense of any of the following: 

9 (1) Rape. 

10 (2) Sexual abuse. 

11 (3) Sexual assault. 

12 (4) Incest. 

13 (5) Any other sexual offense. 

14 SEC. 528. RESEARCH STUDY ON RESILIENCE IN MEMBERS 

15 OF THE ARMY. 

16 (a) RESEARCH STUDY REQUIRED.— 

17 (1) IN GENERAL.—The Secretary of the Army 

18 shall carry out a research program on resilience in 

19 members of the Army. 

20 (2) PURPOSE.—The purpose of the research 

21 study shall be to determine the effectiveness of the cur22 rent Comprehensive Soldier and Family Fitness 

23 (CSF2) Program of the Army while verifying the cur24 rent means of the Army to reduce trends in high risk 

25 or self-destructive behavior and to prepare members of 

26 the Army to manage stressful or traumatic situations 


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1 by training members in resilience strategies and tech2 niques. 

3 (3) ELEMENTS.—In carrying out the research 

4 study, the Secretary shall determine the effectiveness 

5 of training under the Comprehensive Soldier and 

6 Family Fitness program in— 

7 (A) enhancing individual performance 

8 through resiliency techniques and use of positive 

9 and sports psychology; and 

10 (B) identifying and responding to early 

11 signs of high-risk behavior in members of the 

12 Army assigned to units involved in the research 

13 study. 

14 (4) SCIENCE-BASED EVIDENCE AND TECH15 NIQUES.—The research study shall be rooted in sci16 entific evidence, using professionally accepted meas17 urements of experiments, of longitudinal research, 

18 random-assignment, and placebo-controlled outcome 

19 studies to evaluate which interventions can prove 

20 positive results and which result in no impact. 

21 (b) LOCATIONS.—The Secretary carry out the research 

22 study at locations selected by the Secretary from among 

23 Army installations which are representative of the Total 

24 Force. Units from all components of the Army shall be in25 volved in the research study. 


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1 (c) TRAINING.—In carrying out the research study at 

2 an installation selected pursuant to subsection (b), the Sec3 retary shall ensure, at a minimum, that whenever a unit 

4 returns from combat deployment to the installation the 

5 training established for purposes of the research study is 

6 provided to all members of the Army returning for such de7 ployment. The training shall include such training as the 

8 Secretary considers appropriate to reduce trends in high 

9 risk or self-destructive behavior. 

10 (d) PERIOD.—The Secretary shall carry out the re11 search study through September 30, 2014. 

12 (e) REPORTS.—Not later than 30 days after the end 

13 of each of fiscal years 2013 and 2014, the Secretary shall 

14 submit to the Committees on Armed Forces of the Senate 

15 and the House of Representatives a report on the research 

16 study during the preceding fiscal year. Each report shall 

17 include the following: 

18 (1) A description of the trends in high risk or 

19 self-destructive behavior within each of the units in20 volved in the research study during the fiscal year 

21 covered by such report. 

22 (2) A description of the effectiveness of Com23 prehensive Soldier and Family Fitness Program 

24 training in enhancing individual performance 


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1 through resiliency techniques, utilization of positive 

2 psychology. 

3 (3) In the case of the report on fiscal year 2014, 

4 such recommendations for the expansion or modifica5 tion of the research study as the Secretary considers 

6 appropriate. 

7 Subtitle D—Military Justice and 

8 Legal Matters Generally 

9 SEC. 531. CLARIFICATION AND ENHANCEMENT OF THE 

10 ROLE OF THE STAFF JUDGE ADVOCATE TO 

11 THE COMMANDANT OF THE MARINE CORPS. 

12 (a) APPOINTMENT BY THE PRESIDENT AND PERMA13 NENT APPOINTMENT TO GRADE OF MAJOR GENERAL.— 

14 Subsection (a) of section 5046 of title 10, United States 

15 Code, is amended— 

16 (1) in the first sentence, by striking ‘‘detailed’’ 

17 and inserting ‘‘appointed by the President, by and 

18 with the advice and consent of the Senate,’’; and 

19 (2) in the second sentence— 

20 (A) by striking ‘‘The’’ and inserting ‘‘If an 

21 officer appointed as the’’; and 

22 (B) by striking ‘‘, while so serving, has the 

23 grade’’ and inserting ‘‘holds a lower grade, the 

24 officer shall be appointed in the grade’’. 


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1 (b) DUTIES, AUTHORITY, AND ACCOUNTABILITY.— 

2 Such section is further amended— 

3 (1) by redesignating subsection (c) as subsection 

4 (d); and 

5 (2) by inserting after subsection (b) the following 

6 new subsection (c): 

7 ‘‘(c) The Staff Judge Advocate to the Commandant of 

8 the Marine Corps, under the direction of the Commandant 

9 of the Marine Corps and the Secretary of the Navy, shall— 

10 ‘‘(1) perform duties relating to legal matters 

11 arising in the Marine Corps as may be assigned to 

12 the Staff Judge Advocate; 

13 ‘‘(2) perform the functions and duties and exer14 cise the powers prescribed for the Staff Judge Advo15 cate to the Commandant of the Marine Corps in 

16 chapter 47 of this title (the Uniform Code of Military 

17 Justice) and chapter 53 of this title; and 

18 ‘‘(3) perform such other duties as may be as19 signed to the Staff Judge Advocate.’’. 

20 (c) COMPOSITION OF HEADQUARTERS, MARINE

21 CORPS.—Section 5041(b) of such title is amended— 

22 (1) by redesignating paragraphs (4) and (5) as 

23 paragraphs (5) and (6), respectively; and 

24 (2) by inserting after paragraph (3) the fol25 lowing new paragraph (4): 


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1 ‘‘(4) The Staff Judge Advocate to the Com2 mandant of the Marine Corps.’’. 

3 (d) SUPERVISION OF CERTAIN LEGAL SERVICES.— 

4 (1) ADMINISTRATION OF MILITARY JUSTICE.— 

5 Section 806(a) of such title (article 6(a) of the Uni6 form Code of Military Justice) is amended in the 

7 third sentence by striking ‘‘The Judge Advocate Gen8 eral’’ and all that follows through ‘‘shall’’ and insert9 ing ‘‘The Judge Advocates General, and within the 

10 Marine Corps the Staff Judge Advocate to the Com11 mandant of the Marine Corps, or senior members of 

12 their staffs, shall’’. 

13 (2) DELIVERY OF LEGAL ASSISTANCE.—Section 

14 1044(b) of such title is amended by inserting ‘‘and 

15 within the Marine Corps the Staff Judge Advocate to 

16 the Commandant of the Marine Corps’’ after ‘‘title)’’. 

17 SEC. 532. ADDITIONAL INFORMATION IN REPORTS ON AN18 NUAL SURVEYS OF THE COMMITTEE ON THE 

19 UNIFORM CODE OF MILITARY JUSTICE. 

20 Subsection (c)(2) of section 946 of title 10, United 

21 States Code (article 146 of the Uniform Code of Military 

22 Justice), is amended— 

23 (1) by redesignating subparagraph (B) as sub24 paragraph (C); and 


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1 (2) by inserting after subparagraph (A) the fol2 lowing new subparagraph (B): 

3 ‘‘(B) Information from the Judge Advocates Gen4 eral and the Staff Judge Advocate to the Com5 mandant of the Marine Corps on the following: 

6 ‘‘(i) The appellate review process, includ7 ing— 

8 ‘‘(I) information on compliance with 

9 processing time goals; 

10 ‘‘(II) discussions of the circumstances 

11 surrounding cases in which general court12 martial or special court-martial convictions 

13 are reversed as a result of command influ14 ence or denial of the right to a speedy re15 view or otherwise remitted due to loss of 

16 records of trial or other administrative defi17 ciencies; and 

18 ‘‘(III) discussions of cases in which a 

19 provision of this chapter is held unconstitu20 tional. 

21 ‘‘(ii) Developments in appellate case law re22 lating to courts-martial involving allegations of 

23 sexual misconduct under this chapter. 


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1 ‘‘(iii) Issues associated with implementing 

2 recent, legislatively directed changes to this chap3 ter or the Manual for Courts-Martial. 

4 ‘‘(iv) Measures implemented by each armed 

5 force to ensure the ability of judge advocates to 

6 competently participate as trial and defense 

7 counsel in, and preside as military judges over, 

8 capital cases, national security cases, sexual as9 sault cases, and proceedings of military commis10 sions. 

11 ‘‘(v) The independent views of the Judge 

12 Advocates General and the Staff Judge Advocate 

13 to the Commandant of the Marine Corps on the 

14 sufficiency of resources available within their re15 spective armed forces, including manpower, 

16 funding, training, and officer and enlisted grade 

17 structure, to capably perform military justice 

18 functions.’’. 


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1 Subtitle E—Sexual Assault, Hazing, 

2 and Related Matters 

3 SEC. 541. AUTHORITY TO RETAIN OR RECALL TO ACTIVE 

4 DUTY RESERVE COMPONENT MEMBERS WHO 

5 ARE VICTIMS OF SEXUAL ASSAULT WHILE ON 

6 ACTIVE DUTY. 

7 (a) IN GENERAL.—Chapter 1209 of title 10, United 

8 States Code, is amended by adding at the end the following 

9 new section: 

10 ‘‘§ 12323. Active duty for response to sexual assault 

11 ‘‘(a) CONTINUATION ON ACTIVE DUTY.—In the case of 

12 a member of a reserve component who is the alleged victim 

13 of sexual assault committed while on active duty and who 

14 is expected to be released from active duty before the deter15 mination of whether the member was assaulted while in the 

16 line of duty, the Secretary concerned may, upon the request 

17 of the member, order the member to be retained on active 

18 duty until the line of duty determination. A member eligible 

19 for continuation on active duty under this subsection shall 

20 be informed as soon as practicable after the alleged assault 

21 of the option to request continuation on active duty under 

22 this subsection. 

23 ‘‘(b) RETURN TO ACTIVE DUTY.—In the case of a 

24 member of a reserve component not on active duty who is 

25 the alleged victim of a sexual assault that occurred while 


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1 the member was on active duty and when the determination 

2 whether the member was in the line of duty is not com3 pleted, the Secretary concerned may, upon the request of 

4 the member, order the member to active duty for such time 

5 as necessary to complete the line of duty determination. 

6 ‘‘(c) REGULATIONS.—The Secretaries of the military 

7 departments shall prescribe regulations to carry out this 

8 section, subject to guidelines prescribed by the Secretary of 

9 Defense. The guidelines of the Secretary of Defense shall 

10 provide that— 

11 ‘‘(1) a request submitted by a member described 

12 in subsection (a) or (b) to continue on active duty, or 

13 to be ordered to active duty, respectively, must be de14 cided within 30 days from the date of the request; and 

15 ‘‘(2) if the request is denied, the member may 

16 appeal to the first general officer or flag officer in the 

17 chain of command of the member, and in the case of 

18 such an appeal a decision on the appeal must be 

19 made within 15 days from the date of the appeal.’’. 

20 (b) CLERICAL AMENDMENT.—The table of sections at 

21 the beginning of chapter 1209 of such title is amended add22 ing at the end the following new item: 

‘‘12323. Active duty for response to sexual assault.’’. 


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1 SEC. 542. ADDITIONAL ELEMENTS IN COMPREHENSIVE DE2 PARTMENT OF DEFENSE POLICY ON SEXUAL 

3 ASSAULT PREVENTION AND RESPONSE. 

4 (a) ADDITIONAL ELEMENTS.—Not later than 180 days 

5 after the date of the enactment of this Act, the Secretary 

6 of Defense shall modify the revised comprehensive policy for 

7 the Department of Defense sexual assault prevention and 

8 response program required by section 1602 of the Ike Skel9 ton National Defense Authorization Act for Fiscal Year 

10 2011 (Public Law 111–383; 124 Stat. 4430; 10 U.S.C. 1561 

11 note) to include in the policy the following: 

12 (1) A requirement to establish within each mili13 tary department, under regulations prescribed by the 

14 Secretary of Defense, an enhanced capability for the 

15 investigation, prosecution, and defense of special vic16 tim offenses under chapter 47 of title 10, United 

17 States Code (the Uniform Code of Military Justice). 

18 (2) A requirement that each military department 

19 initiate and retain for a period prescribed by the Sec20 retary of Defense a record on the disposition of allega21 tions of sexual assault using forms and procedures 

22 prescribed by the Secretary. 

23 (3) A requirement that all commanders and com24 manding officers receive training on sexual assault 

25 prevention, response, and policies before, or shortly 

26 after, assuming command. 


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1 (4) A requirement that all new members of the 

2 Armed Forces (whether in the regular or reserve com3 ponents) receive training on the Department of De4 fense policy on sexual assault prevention and response 

5 program during initial entry training. 

6 (5) A requirement for military commands and 

7 units specified by the Secretary of Defense for pur8 poses of the policy to conduct periodic climate assess9 ments of such commands and units for purposes of 

10 preventing and responding to sexual assaults. 

11 (6) A requirement to post and widely dissemi12 nate information about resources available to report 

13 and respond to sexual assaults, including hotline 

14 phone numbers and Internet websites available to all 

15 members of the Armed Forces. 

16 (7) A requirement to assign responsibility to re17 ceive and investigate complaints against members of 

18 the Armed Forces and civilian personnel of the De19 partment of Defense for the violation or failure to 

20 provide the rights of a crime victim established by 

21 section 3771 of title 18, United States Code, as appli22 cable to such members and personnel in accordance 

23 with Department of Defense Directive 1030.1, or a 

24 successor directive, and Department of Defense In25 struction 1030.2, or a successor instruction. 


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1 (8) A requirement that each Secretary of a mili2 tary department establish policies that require that 

3 each member of the Armed Forces under the jurisdic4 tion of such Secretary whose conviction for a covered 

5 offense is final and who is not punitively discharged 

6 from the Armed Forces in connection with such con7 viction be processed for administrative separation 

8 from the Armed Forces, which requirement shall not 

9 be interpreted to limit or alter the authority of such 

10 Secretary to process members of the Armed Forces for 

11 administrative separation for other offenses or under 

12 other provisions of law. 

13 (b) DEFINITIONS.—In this section: 

14 (1) The term ‘‘covered offense’’ means the fol15 lowing: 

16 (A) Rape or sexual assault under subsection 

17 (a) or (b) of section 920 of title 10, United States 

18 Code (article 120 of the Uniform Code of Mili19 tary Justice). 

20 (B) Forcible sodomy under section 925 of 

21 title 10, United States Code (article 125 of the 

22 Uniform Code of Military Justice). 

23 (C) An attempt to commit an offense speci24 fied in subparagraph (A) or (B) under section 


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1 880 of title 10, United States Code (article 80 of 

2 the Uniform Code of Military Justice). 

3 (2) The term ‘‘special victim offenses’’ means of4 fenses involving allegations of any of the following: 

5 (A) Child abuse. 

6 (B) Rape, sexual assault, or forcible sod7 omy. 

8 (C) Domestic violence involving aggravated 

9 assault. 

10 SEC. 543. HAZING IN THE ARMED FORCES. 

11 (a) REPORT.—Not later than 180 days after the date 

12 of the enactment of this Act, each Secretary of a military 

13 department shall, in consultation with the Chief of Staff 

14 of each Armed Force under the jurisdiction of such Sec15 retary, submit to the Committees on Armed Services of the 

16 Senate and the House of Representatives a report on hazing 

17 in such Armed Force. Not later than 180 days after the 

18 date of the enactment of this Act, the Secretary of Homeland 

19 Security shall submit to the committees of Congress referred 

20 to in the preceding sentence a report on hazing in the Coast 

21 Guard when it is not operating as a service in the Navy, 

22 and, for purposes of such report, the Armed Forces shall 

23 include the Coast Guard when it is not operating as a serv24 ice in the Navy. 


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1 (b) ELEMENTS.—Each report on an Armed Force re2 quired by subsection (a) shall include the following: 

3 (1) A discussion of the policies of the Armed 

4 Force for preventing and responding to incidents of 

5 hazing. 

6 (2) A description of the methods implemented to 

7 track and report, including report anonymously, inci8 dents of hazing in the Armed Force. 

9 (3) An assessment by the Secretary submitting 

10 such report of the following: 

11 (A) The scope of the problem of hazing in 

12 the Armed Force. 

13 (B) The training on recognizing and pre14 venting hazing provided members of the Armed 

15 Force. 

16 (C) The actions taken to prevent and re17 spond to hazing incidents in the Armed Force. 

18 (4) A description of the additional actions, if 

19 any, the Secretary submitting such report and the 

20 Chief of Staff of the Armed Force propose to take to 

21 further address the incidence of hazing in the Armed 

22 Force. 


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1 SEC. 544. RETENTION OF CERTAIN FORMS IN CONNECTION 

2 WITH RESTRICTED REPORTS ON SEXUAL AS3 SAULT INVOLVING MEMBERS OF THE ARMED 

4 FORCES. 

5 (a) PERIOD OF RETENTION.—The Secretary of Defense 

6 shall ensure that all copies of Department of Defense Form 

7 2910 and Department of Defense Form 2911 filed in con8 nection with a Restricted Report on an incident of sexual 

9 assault involving a member of the Armed Forces shall be 

10 retained for the longer of— 

11 (1) 50 years commencing on the date of signa12 ture of the member on Department of Defense Form 

13 2910; or 

14 (2) the time provided for the retention of such 

15 forms in connection with Unrestricted Reports on in16 cidents of sexual assault involving members of the 

17 Armed Forces under Department of Defense Directive18 Type Memorandum (DTM) 11–062, entitled ‘‘Docu19 ment Retention in Cases of Restricted and Unre20 stricted Reports of Sexual Assault’’, or any successor 

21 directive or policy. 

22 (b) PROTECTION OF CONFIDENTIALITY.—Any Depart23 ment of Defense form retained under subsection (a) shall 

24 be retained in a manner that protects the confidentiality 

25 of the member of the Armed Forces concerned in accordance 

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1 formation in Restricted Reports under Department of De2 fense memorandum JTF–SAPR–009, relating to the De3 partment of Defense policy on confidentiality for victims 

4 of sexual assault, or any successor policy or directive. 

5 SEC. 545. PREVENTION AND RESPONSE TO SEXUAL HARASS6 MENT IN THE ARMED FORCES. 

7 (a) COMPREHENSIVE POLICY REQUIRED.— 

8 (1) IN GENERAL.—The Secretary of Defense 

9 shall, in consultation with the Secretaries of the mili10 tary departments and the Equal Opportunity Office 

11 of the Department of Defense, develop a comprehen12 sive policy to prevent and respond to sexual harass13 ment in the Armed Forces. The policy shall provide 

14 for the following: 

15 (A) Training for members of the Armed 

16 Forces on the prevention of sexual harassment. 

17 (B) Mechanisms for reporting incidents of 

18 sexual harassment in the Armed Forces, includ19 ing procedures for reporting anonymously. 

20 (C) Mechanisms for responding to and re21 solving incidents of alleged sexual harassment 

22 incidences involving members of the Armed 

23 Forces, including through the prosecution of of24 fenders. 


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1 (2) REPORT.—Not later than one year after the 

2 date of the enactment of this Act, the Secretary of De3 fense shall submit to the Committees on Armed Serv4 ices of the Senate and the House of Representatives a 

5 report setting forth the policy required by paragraph 

6 (1). 

7 (b) COLLECTION AND RETENTION OF RECORDS ON

8 DISPOSITION OF REPORTS OF SEXUAL HARASSMENT.— 

9 (1) COLLECTION.—The Secretary of Defense shall 

10 require that the Secretary of each military depart11 ment establish a record on the disposition of any re12 port of sexual harassment, whether such disposition is 

13 court martial, non-judicial punishment, or other ad14 ministrative action. The record of any such disposi15 tion shall include the following, as appropriate: 

16 (A) Documentary information collected 

17 about the incident reported. 

18 (B) Punishment imposed, including the sen19 tencing by judicial or non-judicial means includ20 ing incarceration, fines, restriction, and extra 

21 duty as a result of military court-martial, Fed22 eral and local court and other sentencing, or any 

23 other punishment imposed. 

24 (C) Reasons for the selection of the disposi25 tion and punishments selected. 


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1 (D) Administrative actions taken, if any. 

2 (E) Any pertinent referrals offered as a re3 sult of the incident (such as drug and alcohol 

4 counseling and other types of counseling or inter5 vention). 

6 (2) RETENTION.—The Secretary of Defense shall 

7 require that— 

8 (A) the records established pursuant to 

9 paragraph (1) be retained by the Department of 

10 Defense for a period of not less than 50 years; 

11 and 

12 (B) a copy of such records be maintained at 

13 a centralized location for the same period as ap14 plies to retention of the records under subpara15 graph (A). 

16 (c) ANNUAL REPORT ON SEXUAL HARASSMENT IN17 VOLVING MEMBERS OF THE ARMED FORCES.— 

18 (1) ANNUAL REPORT ON SEXUAL HARASS19 MENT.—Not later than March 1, 2015, and each 

20 March 1 thereafter through March 1, 2018, the Sec21 retary of each military department shall submit to 

22 the Secretary of Defense a report on the sexual har23 assments involving members of the Armed Forces 

24 under the jurisdiction of such Secretary during the 

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1 ment shall submit the report on a year under this sec2 tion at the same time as the submittal of the annual 

3 report on sexual assaults during that year under sec4 tion 1631 of the Ike Skelton National Defense Author5 ization Act for Fiscal Year 2011 (10 U.S.C. 1561 

6 note). In the case of the Secretary of the Navy, sepa7 rate reports shall be prepared under this section for 

8 the Navy and the Marine Corps. 

9 (2) CONTENTS.—The report of a Secretary of a 

10 military department for an Armed Force under para11 graph (1) shall contain the following: 

12 (A) The number of sexual harassments com13 mitted against members of the Armed Force that 

14 were reported to military officials during the 

15 year covered by the report, and the number of the 

16 cases so reported that were substantiated. 

17 (B) The number of sexual harassments com18 mitted by members of the Armed Force that were 

19 reported to military officials during the year 

20 covered by the report, and the number of the 

21 cases so reported that were substantiated. The in22 formation required by this subparagraph may 

23 not be combined with the information required 

24 by subparagraph (A). 


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1 (C) A synopsis of each such substantiated 

2 case and, for each such case, the action taken in 

3 such case, including the type of disciplinary or 

4 administrative sanction imposed, section 815 of 

5 title 10, United States Code (article 15 of the 

6 Uniform Code of Military Justice). 

7 (D) The policies, procedures, and processes 

8 implemented by the Secretary during the year 

9 covered by the report in response to incidents of 

10 sexual harassment involving members of that 

11 Armed Force. 

12 (E) Any other matters relating to sexual 

13 harassment involving members of the Armed 

14 Forces that the Secretary considers appropriate. 

15 SEC. 546. ENHANCEMENT OF ANNUAL REPORTS REGARD16 ING SEXUAL ASSAULTS INVOLVING MEMBERS 

17 OF THE ARMED FORCES. 

18 (a) IN GENERAL.—Section 1631(b) of the Ike Skelton 

19 National Defense Authorization Act for Fiscal Year 2011 

20 (10 U.S.C. 1561 note) is amended— 

21 (1) by striking paragraph (3) and inserting the 

22 following new paragraph (3): 

23 ‘‘(3) A synopsis of each such substantiated case, 

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1 tion taken in such case, including the following infor2 mation: 

3 ‘‘(A) The type of disciplinary or adminis4 trative sanction imposed, if any, including 

5 courts-martial sentences, non-judicial punish6 ments administered by commanding officers pur7 suant to section 815 of title 10, United States 

8 Code (article 15 of the Uniform Code of Military 

9 Justice), and administrative separations. 

10 ‘‘(B) A description of and rationale for the 

11 final disposition and punishment, regardless of 

12 type of disciplinary or administrative sanction 

13 imposed. 

14 ‘‘(C) The unit and location of service at 

15 which the incident occurred. 

16 ‘‘(D) Whether the accused was previously 

17 accused of a substantiated sexual assault or sex18 ual harassment. 

19 ‘‘(E) Whether the accused was admitted to 

20 the Armed Forces under a moral waiver granted 

21 with respect to prior sexual misconduct. 

22 ‘‘(F) Whether alcohol was involved in the 

23 incident. 

24 ‘‘(G) If the member was administratively 

25 separated or, in the case of an officer, allowed to 


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1 resign in lieu of facing a court-martial, the char2 acterization given the service of the member upon 

3 separation.’’; and 

4 (2) by adding at the end the following new para5 graphs 

6 ‘‘(7) The number of applications submitted 

7 under section 673 of title 10, United States Code, 

8 during the year covered by the report for a permanent 

9 change of station or unit transfer for members of the 

10 Armed Forces on active duty who are the victim of 

11 a sexual assault or related offense, the number of ap12 plications denied, and, for each application denied, a 

13 description of the reasons why such application was 

14 denied. 

15 ‘‘(8) An analysis and assessment of trends in the 

16 incidence, disposition, and prosecution of sexual as17 saults by commands and installations during the year 

18 covered by the report, including trends relating to 

19 prevalence of incidents, prosecution of incidents, and 

20 avoidance of incidents. 

21 ‘‘(9) An assessment of the adequacy of sexual as22 sault prevention and response activities carried out 

23 by training commands during the year covered by the 

24 report. 


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1 ‘‘(10) An analysis of the specific factors that 

2 may have contributed to sexual assault during the 

3 year covered by the report, including sexual harass4 ment and substance abuse, an assessment of the role 

5 of such factors in contributing to sexual assaults dur6 ing that year, and recommendations for mechanisms 

7 to eliminate or reduce the incidence of such factors or 

8 their contributions to sexual assaults.’’. 

9 (b) EFFECTIVE DATE.—The amendments made by this 

10 section shall take effect on the date of the enactment of this 

11 Act, and shall apply beginning with the report required to 

12 be submitted by March 1, 2014, under section 1631 of the 

13 Ike Skelton National Defense Authorization Act for Fiscal 

14 Year 2011 (as amended by subsection (a)). 

15 Subtitle F—Education and 

16 Training 

17 SEC. 551. INCLUSION OF THE SCHOOL OF ADVANCED MILI18 TARY STUDIES SENIOR LEVEL COURSE AS A 

19 SENIOR LEVEL SERVICE SCHOOL. 

20 Section 2151(b)(1) of title 10, United States Code, is 

21 amended by adding at the end the following new subpara22 graph: 

23 ‘‘(E) The Senior Level Course of the School 

24 of Advanced Military Studies of the United 


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1 States Army Command and General Staff Col2 lege.’’. 

3 SEC. 552. MODIFICATION OF ELIGIBILITY FOR ASSOCIATE 

4 DEGREE PROGRAMS UNDER THE COMMUNITY 

5 COLLEGE OF THE AIR FORCE. 

6 Section 9315(b) of title 10, United States Code, is 

7 amended by adding at the end the following new paragraph: 

8 ‘‘(3) Enlisted members of the armed forces other 

9 than the Air Force who are participating in joint10 service medical training and education or serving as 

11 instructors in joint-service medical training and edu12 cation.’’. 

13 SEC. 553. SUPPORT OF NAVAL ACADEMY ATHLETIC PRO14 GRAMS. 

15 (a) IN GENERAL.—Chapter 603 of title 10, United 

16 States Code, is amended by adding at the end the following 

17 new section: 

18 ‘‘§ 6981. Support of athletic and physical fitness pro19 grams 

20 ‘‘(a) AUTHORITY.— 

21 ‘‘(1) CONTRACTS AND COOPERATIVE AGREE22 MENTS.—The Secretary of the Navy may enter into 

23 contracts and cooperative agreements with the Asso24 ciation for the purpose of supporting the athletic and 

25 physical fitness programs of the Naval Academy. NotVerDate Mar 15 2010 01:32 Dec 07, 2012 Jkt 029200 PO 00000 Frm 00178 Fmt 6652 Sfmt 6203 E:\SENENR\H4310.PP H4310

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1 withstanding section 2304(k) of this title, the Sec2 retary may enter such contracts or cooperative agree3 ments on a sole source basis pursuant to section 

4 2304(c)(5) of this title. Notwithstanding chapter 63 of 

5 title 31, a cooperative agreement under this section 

6 may be used to acquire property or services for the di7 rect benefit or use of the Naval Academy. 

8 ‘‘(2) LEASES.—The Secretary may enter into 

9 leases, in accordance with section 2667 of this title, 

10 or licenses with the Association for the purpose of 

11 supporting the athletic and physical fitness programs 

12 of the Naval Academy. Any such lease or license shall 

13 be deemed to satisfy the conditions of section 

14 2667(h)(2) of this title. 

15 ‘‘(b) USE OF NAVY PERSONAL PROPERTY BY THE AS16 SOCIATION.—The Secretary may allow the Association to 

17 use, at no cost, personal property of the Department of the 

18 Navy to assist the Association in supporting the athletic 

19 and physical fitness programs of the Naval Academy. 

20 ‘‘(c) ACCEPTANCE OF SUPPORT.— 

21 ‘‘(1) SUPPORT RECEIVED FROM THE ASSOCIA22 TION.—Notwithstanding section 1342 of title 31, the 

23 Secretary may accept from the Association funds, 

24 supplies, and services for the support of the athletic 

25 and physical fitness programs of the Naval Academy. 


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1 For purposes of this section, employees or personnel 

2 of the Association may not be considered to be em3 ployees of the United States. 

4 ‘‘(2) FUNDS RECEIVED FROM NCAA.—The Sec5 retary may accept funds from the National Collegiate 

6 Athletic Association to support the athletic and phys7 ical fitness programs of the Naval Academy. 

8 ‘‘(3) LIMITATION.—The Secretary shall ensure 

9 that contributions under this subsection do not reflect 

10 unfavorably on the ability of the Department of the 

11 Navy, any of its employees, or any member of the 

12 armed forces to carry out any responsibility or duty 

13 in a fair and objective manner, or compromise the in14 tegrity or appearance of integrity of any program of 

15 the Department of the Navy, or any individual in16 volved in such a program. 

17 ‘‘(d) RETENTION AND USE OF FUNDS.—Notwith18 standing section 2260(d) of this title, funds received under 

19 this section may be retained for use in support of the Naval 

20 Academy athletic program and shall remain available until 

21 expended. 

22 ‘‘(e) TRADEMARKS AND SERVICE MARKS.— 

23 ‘‘(1) LICENSING, MARKETING, AND SPONSORSHIP

24 AGREEMENTS.—An agreement under subsection (a)(1) 

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1 section (d)) and 5022(b)(3) of this title, authorize the 

2 Association to enter into licensing, marketing, and 

3 sponsorship agreements relating to trademarks and 

4 service marks identifying the Naval Academy, subject 

5 to the approval of the Department of the Navy. 

6 ‘‘(2) LIMITATIONS.—No such licensing, mar7 keting, or sponsorship agreement may be entered into 

8 if it would reflect unfavorably on the ability of the 

9 Department of the Navy, any of its employees, or any 

10 member of the armed forces to carry out any responsi11 bility or duty in a fair and objective manner, or if 

12 the Secretary determines that the use of the trademark 

13 or service mark would compromise the integrity or 

14 appearance of integrity of any program of the De15 partment of the Navy, or any individual involved in 

16 such a program. 

17 ‘‘(f) SERVICE ON ASSOCIATION BOARD OF CONTROL.— 

18 The Association is a designated entity for which authoriza19 tion under sections 1033(a) and 1589(a) of this title may 

20 be provided. 

21 ‘‘(g) CONDITIONS.—The authority provided in this sec22 tion with respect to the Association is available only so long 

23 as the Association continues to— 

24 ‘‘(1) qualify as a nonprofit organization under 

25 section 501(c)(3) of the Internal Revenue Code of 


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1 1986 and operates in accordance with this section, the 

2 laws of the State of Maryland, and the constitution 

3 and bylaws of the Association; and 

4 ‘‘(2) operate exclusively to support the athletic 

5 and physical fitness programs of the Naval Academy. 

6 ‘‘(h) ASSOCIATION DEFINED.—In this section, the term 

7 ‘Association’ means the Naval Academy Athletic Associa8 tion.’’. 

9 (b) CLERICAL AMENDMENT.—The table of sections at 

10 the beginning of chapter 603 of such title is amended by 

11 adding at the end the following new item: 

‘‘6981. Support of athletic and physical fitness programs.’’. 

12 SEC. 554. GRADE OF COMMISSIONED OFFICERS IN UNI13 FORMED MEDICAL ACCESSION PROGRAMS. 

14 (a) MEDICAL STUDENTS OF USUHS.—Section 

15 2114(b) of title 10, United States Code, is amended— 

16 (1) in paragraph (1), by striking the second sen17 tence and inserting the following new sentences: 

18 ‘‘Each medical student shall be appointed as a reg19 ular officer in the grade of second lieutenant or en20 sign. An officer so appointed may, upon meeting such 

21 criteria for promotion as may be prescribed by the 

22 Secretary concerned, be appointed in the regular 

23 grade of first lieutenant or lieutenant (junior grade). 

24 Medical students commissioned under this section 


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1 shall serve on active duty in their respective grades.’’; 

2 and 

3 (2) in paragraph (2), by striking ‘‘grade of sec4 ond lieutenant or ensign’’ and inserting ‘‘grade in 

5 which the member is serving under paragraph (1)’’. 

6 (b) PARTICIPANTS IN HEALTH PROFESSIONS SCHOL7 ARSHIP AND FINANCIAL ASSISTANCE PROGRAM.—Section 

8 2121(c) of such title is amended— 

9 (1) in paragraph (1), by striking the second sen10 tence and inserting the following new sentences: 

11 ‘‘Each person so commissioned shall be appointed as 

12 a reserve officer in the grade of second lieutenant or 

13 ensign. An officer so appointed may, upon meeting 

14 such criteria for promotion as may be prescribed by 

15 the Secretary concerned, be appointed in the reserve 

16 grade of first lieutenant or lieutenant (junior grade). 

17 Medical students commissioned under this section 

18 shall serve on active duty in their respective grades 

19 for a period of 45 days during each year of participa20 tion in the program.’’; and 

21 (2) in paragraph (2), by striking ‘‘grade of sec22 ond lieutenant or ensign’’ and inserting ‘‘grade in 

23 which the member is serving under paragraph (1)’’. 


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1 (c) OFFICERS DETAILED AS STUDENTS AT MEDICAL

2 SCHOOLS.—Subsection (e) of section 2004a of such title is 

3 amended— 

4 (1) in the subsection heading, by striking ‘‘AP5 POINTMENT AND TREATMENT OF PRIOR ACTIVE

6 SERVICE’’ and inserting ‘‘SERVICE ON ACTIVE

7 DUTY’’; and 

8 (2) by striking paragraph (1) and inserting the 

9 following new paragraph (1): 

10 ‘‘(1) A commissioned officer detailed under subsection 

11 (a) shall serve on active duty, subject to the limitations on 

12 grade specified in section 2114(b)(1) of this title and with 

13 the entitlement to basic pay as specified in section 

14 2114(b)(2) of this title.’’. 

15 SEC. 555. AUTHORITY FOR SERVICE COMMITMENT FOR RE16 SERVISTS WHO ACCEPT FELLOWSHIPS, 

17 SCHOLARSHIPS, OR GRANTS TO BE PER18 FORMED IN THE SELECTED RESERVE. 

19 (a) IN GENERAL.—Subsection (b) of section 2603 of 

20 title 10, United States Code, is amended by striking ‘‘on 

21 active duty’’ and all that follows and inserting the fol22 lowing: ‘‘as follows: 

23 ‘‘(1) On active duty for a period at least three 

24 times the length of the period of the education or 

25 training. 


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1 ‘‘(2) In the case of a member of the Selected Re2 serve— 

3 ‘‘(A) on active duty in accordance with 

4 paragraph (1); or 

5 ‘‘(B) in the Selected Reserve for a period at 

6 least five times the length of the period of the 

7 education or training.’’. 

8 (b) TECHNICAL AMENDMENTS.—Such section is fur9 ther amended by striking ‘‘Armed Forces’’ each place it ap10 pears and inserting ‘‘armed forces’’. 

11 (c) EFFECTIVE DATE.—The amendment made by sub12 section (a) shall apply to agreements entered into under sec13 tion 2603(b) of title 10, United States Code, after the date 

14 of the enactment of this Act. 

15 SEC. 556. REPEAL OF REQUIREMENT FOR ELIGIBILITY FOR 

16 IN-STATE TUITION OF AT LEAST 50 PERCENT 

17 OF PARTICIPANTS IN SENIOR RESERVE OFFI18 CERS’ TRAINING CORPS PROGRAM. 

19 Section 2107(c)(1) of title 10, United States Code, is 

20 amended by striking the third sentence. 


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1 SEC. 557. MODIFICATION OF REQUIREMENTS ON PLAN TO 

2 INCREASE THE NUMBER OF UNITS OF THE 

3 JUNIOR RESERVE OFFICERS’ TRAINING 

4 CORPS. 

5 (a) NUMBER OF UNITS COVERED BY PLAN.—Sub6 section (a) of section 548 of the Duncan Hunter National 

7 Defense Authorization Act for Fiscal Year 2009 (Public 

8 Law 110–417; 122 Stat. 4466) is amended by striking ‘‘not 

9 less than 3,700 units’’ and inserting ‘‘not less than 3,000, 

10 and not more than 3,700, units’’. 

11 (b) ADDITIONAL EXCEPTION.—Subsection (b) of such 

12 section is amended— 

13 (1) in paragraph (1), by striking ‘‘or’’ at the 

14 end; 

15 (2) in paragraph (2), by striking the period at 

16 the end and inserting ‘‘; or’’; and 

17 (3) by adding at the end the following new para18 graph: 

19 ‘‘(3) if the Secretaries of the military depart20 ments determine that the level of support of all kinds 

21 (including, but not limited to, appropriated funds) 

22 provided to youth development programs within the 

23 Armed Forces is consistent with funding limitations 

24 and the achievement of the objectives of such pro25 grams.’’. 


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1 (c) SUBMITTAL OF REPORTS.—Subsection (e) of such 

2 section is amended by striking ‘‘not later than’’ and all that 

3 follows and inserting ‘‘annually through 2012, and there4 after not later than March 31 of each of 2015, 2018, and 

5 2020.’’. 

6 SEC. 558. CONSOLIDATION OF MILITARY DEPARTMENT AU7 THORITY TO ISSUE ARMS, TENTAGE, AND 

8 EQUIPMENT TO EDUCATIONAL INSTITUTIONS 

9 NOT MAINTAINING UNITS OF THE JUNIOR 

10 ROTC. 

11 (a) CONSOLIDATION OF AUTHORITY.—Chapter 152 of 

12 title 10, United States Code, is amended by inserting after 

13 section 2552 the following new section: 

14 ‘‘§ 2552a. Arms, tentage, and equipment: educational 

15 institutions not maintaining units of Jun16 ior Reserve Officers’ Training Corps 

17 ‘‘The Secretary of a military department may issue 

18 arms, tentage, and equipment to an educational institution 

19 at which no unit of the Junior Reserve Officers’ Training 

20 Corps is maintained if the educational institution— 

21 ‘‘(1) offers a course in military instruction pre22 scribed by that Secretary; and 

23 ‘‘(2) has a student body of at least 50 students 

24 who are in a grade above the eighth grade.’’. 


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1 (b) CONFORMING REPEALS.—Sections 4651, 7911, and 

2 9651 of such title are repealed. 

3 (c) CLERICAL AMENDMENTS.— 

4 (1) The table of sections at the beginning of 

5 chapter 152 of such title is amended by inserting after 

6 the item relating to section 2552 the following new 

7 item: 

‘‘2552a. Arms, tentage, and equipment: educational institutions not maintaining 

units of Junior Reserve Officers’ Training Corps’’. 

8 (2) The table of sections at the beginning of 

9 chapter 441 of such title is amended by striking the 

10 item relating to section 4651. 

11 (3) The table of sections at the beginning of 

12 chapter 667 of such title is amended by striking the 

13 item relating to section 7911. 

14 (4) The table of sections at the beginning of 

15 chapter 941 of such title is amended by striking the 

16 item relating to section 9651. 

17 SEC. 559. MODIFICATION OF REQUIREMENT FOR REPORTS 

18 IN FEDERAL REGISTER ON INSTITUTIONS OF 

19 HIGHER EDUCATION INELIGIBLE FOR CON20 TRACTS AND GRANTS FOR DENIAL OF ROTC 

21 OR MILITARY RECRUITER ACCESS TO CAM22 PUS. 

23 Section 983 of title 10, United States Code, is amended 

24 by striking subsection (f). 


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1 SEC. 560. COMPTROLLER GENERAL OF THE UNITED STATES 

2 REPORT ON THE RESERVE OFFICERS’ TRAIN3 ING CORPS. 

4 (a) REPORT REQUIRED.—Not later than 270 days 

5 after the date of the enactment of this Act, the Comptroller 

6 General of the United States shall submit to the congres7 sional defense committees a report setting forth the assess8 ment of the Comptroller General regarding the following: 

9 (1) Whether the Reserve Officers’ Training Corps 

10 (ROTC) programs of the Departments of the Army, 

11 the Navy, and the Air Force are effectively meeting, 

12 and structured to meet, current and projected require13 ments for newly commissioned officers in the Armed 

14 Forces. 

15 (2) The cost-effectiveness and unit productivity 

16 of the current Reserve Officers’ Training Corps pro17 grams. 

18 (3) The adequacy of current oversight and cri19 teria for unit closure for the Reserve Officers’ Train20 ing Corps programs. 

21 (b) ELEMENTS.—The report required by subsection (a) 

22 shall include, at a minimum, the following: 

23 (1) A list of the units of the Reserve Officers’ 

24 Training Corps programs by Armed Force, and by 

25 college or university, and the number of cadets and 


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1 midshipman currently enrolled by class or year 

2 group. 

3 (2) The number of officers commissioned in 2012 

4 from the Reserve Officers’ Training Corps programs, 

5 and the number projected to be commissioned over the 

6 period of the current future-years defense program 

7 under section 221 of title 10, United States Code, 

8 from each unit listed under paragraph (1). 

9 (3) An assessment of the requirements of each 

10 Armed Force for newly commissioned officers in 2012 

11 and the strategic planning regarding such require12 ments over the period of the current future-years de13 fense program. 

14 (4) The number of military and civilian per15 sonnel of the Department of Defense assigned to lead 

16 and manage Reserve Officers’ Training Corps pro17 gram units, and the grades of the military personnel 

18 so assigned. 

19 (5) An assessment of Department of Defense-wide 

20 and Armed-Force specific standards regarding the 

21 productivity of Reserve Officers’ Training Corps pro22 gram units, and an assessment of compliance with 

23 such standards. 

24 (6) An assessment of the projected use by the 

25 Armed Forces of the procedures available to the 


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1 Armed Forces to respond to overages in the number 

2 of cadets and midshipmen in the Reserve Officers’ 

3 Training Corps programs. 

4 (7) A description of the plans of the Armed 

5 Forces to retain or disestablish Reserve Officers’ 

6 Training Corps program units that do not meet pro7 ductivity standards. 

8 SEC. 561. REPORT ON DEPARTMENT OF DEFENSE EFFORTS 

9 TO STANDARDIZE EDUCATIONAL TRAN10 SCRIPTS ISSUED TO SEPARATING MEMBERS 

11 OF THE ARMED FORCES. 

12 (a) REPORT REQUIRED.—Not later than 90 days after 

13 the date of the enactment of this Act, the Secretary of De14 fense shall submit to the Committees on Armed Services of 

15 the Senate and the House of Representatives a report on 

16 the efforts of the Department of Defense to standardize the 

17 educational transcripts issued to members of the Armed 

18 Forces on their separation from the Armed Forces. 

19 (b) ELEMENTS.—The report required by subsection (a) 

20 shall include the following: 

21 (1) A description of the similarities and dif22 ferences between the educational transcripts issued to 

23 members separating from the various Armed Forces. 

24 (2) A description of any assessments done by the 

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1 tutions, to identify shortcomings in the transcripts 

2 issued to separating members in connection with their 

3 ability to qualify for civilian educational credits. 

4 (3) A description of the implementation plan for 

5 the Joint Services Transcript, including a schedule 

6 and the elements of existing educational transcripts to 

7 be incorporated into the Transcript. 

8 SEC. 562. COMPTROLLER GENERAL OF THE UNITED STATES 

9 REPORTS ON JOINT PROFESSIONAL MILI10 TARY EDUCATION MATTERS. 

11 (a) REPORT ON REVIEW OF MILITARY EDUCATION CO12 ORDINATION COUNCIL REPORT.— 

13 (1) REVIEW OF METHODOLOGY.—The Comp14 troller General of the United States shall review the 

15 methodology used by the Military Education Coordi16 nation Council in compiling the report on joint pro17 fessional military education that is to be submitted to 

18 the Director of Joint Force Development by March 1, 

19 2013, pursuant to the Joint Staff Memorandum, 

20 Joint Staff Review, dated July 16, 2012. The review 

21 shall include an examination of the analytical ap22 proach used by the Council for that report, including 

23 the types of information considered, the cost savings 

24 identified, the benefits of options considered, the time 

25 frames for implementation, and transparency. 


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1 (2) REPORT.—Not later than 90 days after re2 ceiving from the Director of Joint Force Development 

3 the report described in paragraph (1), the Comptroller 

4 General shall submit to the Committees on Armed 

5 Services of the Senate and the House of Representa6 tives a report on the review under paragraph (1) of 

7 the report described in that paragraph. The report of 

8 the Comptroller General under this paragraph shall 

9 set forth the following: 

10 (A) The results of the review under para11 graph (1). 

12 (B) Such recommendations as the Comp13 troller General considers appropriate in light of 

14 the results of the review. 

15 (b) REPORT ON JOINT PROFESSIONAL MILITARY EDU16 CATION RESEARCH INSTITUTIONS.— 

17 (1) REPORT REQUIRED.—Not later than Janu18 ary 31, 2014, the Comptroller General of the United 

19 States shall submit to the congressional defense com20 mittees a report setting forth the assessment by the 

21 Comptroller General of the work performed by joint 

22 professional military education research institutions 

23 in support of professional military education and the 

24 broader mission of the Department of Defense, the 

25 military departments, and the Defense Agencies. 


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1 (2) ELEMENTS.—The report required by para2 graph (1) shall include an assessment of the following: 

3 (A) The systems, mechanisms, and struc4 tures within the senior and intermediate joint 

5 professional military education colleges and uni6 versities for oversight, governance, and manage7 ment of the joint professional military education 

8 research institutions, including systems, mecha9 nisms, and structures relating to the development 

10 of policies and budgets for research. 

11 (B) The factors contributing to and the ex12 tent of growth in the number and size of joint 

13 professional military education research institu14 tions since 2000. 

15 (C) The causes and extent of cost growth at 

16 joint professional military education research in17 stitutions since 2000. 

18 (D) The focus of research activity conducted 

19 by the joint professional military education re20 search institutions, and the extent to which each 

21 joint professional military education research in22 stitution performs a unique research function or 

23 engages in similar or duplicative efforts with 

24 other components or elements of the Department 

25 of Defense. 


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1 (E) The measures of effectiveness used by 

2 the joint professional military education research 

3 institutions, the senior and intermediate joint 

4 professional military education colleges and uni5 versities, and other oversight entities to evaluate 

6 the performance of the joint professional military 

7 education research institutions in meeting estab8 lished goals or objectives. 

9 (3) DEFINITIONS.—In this subsection: 

10 (A) The term ‘‘joint professional military 

11 education research institutions’’ means subordi12 nate organizations (including centers, institutes, 

13 and schools) under the senior and intermediate 

14 joint professional military education colleges and 

15 universities for which research is the primary 

16 mission or reason for existence. 

17 (B) The term ‘‘senior and intermediate 

18 joint professional military education colleges and 

19 universities’’ means the following: 

20 (i) The National Defense University. 

21 (ii) The Army War College. 

22 (iii) The Navy War College. 

23 (iv) The Air University. 

24 (v) The Air War College. 

25 (vi) The Marine Corp University. 


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1 SEC. 563. TROOPS-TO-TEACHERS PROGRAM ENHANCE2 MENTS. 

3 (a) MEMORANDUM OF AGREEMENT.—The Secretary of 

4 Defense and the Secretary of Education shall enter into a 

5 memorandum of agreement pursuant to which the Secretary 

6 of Education will undertake the following: 

7 (1) Disseminate information about the Troops8 to-Teachers Program to eligible schools (as defined in 

9 section 2301(3) of the Elementary and Secondary 

10 Education Act of 1965 (20 U.S.C. 6671(3)), as added 

11 by subsection (b)(2)). 

12 (2) Advise the Department of Defense on how to 

13 prepare eligible members of the Armed Forces de14 scribed in section 2303(a) of such Act to become par15 ticipants in the Program to meet the requirements 

16 necessary to become a teacher in an eligible school. 

17 (3) Advise the Department of Defense on how to 

18 identify teacher preparation programs for partici19 pants in the Program. 

20 (4) Inform the Department of Defense of aca21 demic subject areas with critical teacher shortages. 

22 (5) Identify geographic areas with critical teach23 er shortages, especially in high-need schools (as de24 fined in section 2301(4) of such Act, as added by sub25 section (b)(2)). 


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1 (b) DEFINITIONS.—Section 2301 of the Elementary 

2 and Secondary Education Act of 1965 (20 U.S.C. 6671) 

3 is amended— 

4 (1) by redesignating paragraphs (2) through (5) 

5 as paragraphs (5) through (8), respectively; and 

6 (2) by inserting after paragraph (1) the fol7 lowing: 

8 ‘‘(2) CHARTER SCHOOL.—The term ‘charter 

9 school’ has the meaning given that term in section 

10 5210. 

11 ‘‘(3) ELIGIBLE SCHOOL.—The term ‘eligible 

12 school’ means— 

13 ‘‘(A) a public school, including a charter 

14 school, at which— 

15 ‘‘(i) at least 30 percent of the students 

16 enrolled in the school are from families with 

17 incomes below 185 percent of poverty level 

18 (as defined by the Office of Management 

19 and Budget and revised at least annually 

20 in accordance with section 9(b)(1) of the 

21 Richard B. Russell National School Lunch 

22 Act (42 U.S.C. 1758(b)(1)) applicable to a 

23 family of the size involved; or 

24 ‘‘(ii) at least 13 percent of the students 

25 enrolled in the school qualify for assistance 


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1 under part B of the Individuals with Dis2 abilities Education Act; or 

3 ‘‘(B) a Bureau-funded school as defined in 

4 section 1141 of the Education Amendments of 

5 1978 (25 U.S.C. 2021). 

6 ‘‘(4) HIGH-NEED SCHOOL.—Except for purposes 

7 of section 2304(d), the term ‘high-need school’ 

8 means— 

9 ‘‘(A) an elementary school or middle school 

10 in which at least 50 percent of the enrolled stu11 dents are children from low-income families, 

12 based on the number of children eligible for free 

13 and reduced priced lunches under the Richard B. 

14 Russell National School Lunch Act (42 U.S.C. 

15 1751 et seq.), the number of children in families 

16 receiving assistance under the State program 

17 funded under part A of title IV of the Social Se18 curity Act (42 U.S.C. 601 et seq.), the number 

19 of children eligible to receive medical assistance 

20 under the Medicaid program, or a composite of 

21 these indicators; 

22 ‘‘(B) a high school in which at least 40 per23 cent of enrolled students are children from low24 income families, which may be calculated using 

25 comparable data from feeder schools; or 


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1 ‘‘(C) a school that is in a local educational 

2 agency that is eligible under section 6211(b).’’. 

3 (c) PROGRAM AUTHORIZATION.—Section 2302 of the 

4 Elementary and Secondary Education Act of 1965 (20 

5 U.S.C. 6672(b)) is amended by striking subsections (b) 

6 through (e) and inserting the following: 

7 ‘‘(b) PROGRAM AUTHORIZED.—The Secretary may 

8 carry out a program (to be known as the ‘Troops-to-Teach9 ers Program’) to assist eligible members of the Armed Forces 

10 described in section 2303(a) to obtain certification or li11 censing as elementary school teachers, secondary school 

12 teachers, or vocational or technical teachers to meet the re13 quirements necessary to become a teacher in an eligible 

14 school.’’. 

15 (d) YEARS OF SERVICE REQUIREMENTS.—Section 

16 2303(a)(2)(A)(i) of the Elementary and Secondary Edu17 cation Act of 1965 (20 U.S.C. 6673(a)(2)(A)(i)) is amended 

18 by striking ‘‘6 or more years’’ and inserting ‘‘4 or more 

19 years’’. 

20 (e) PARTICIPATION AGREEMENT.— 

21 (1) AMENDMENT.—Section 2304 of the Elemen22 tary and Secondary Education Act of 1965 (20 

23 U.S.C. 6674) is amended— 

24 (A) by striking paragraph (1) of subsection 

25 (a) and inserting the following: 


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1 ‘‘(1) IN GENERAL.—An eligible member of the 

2 Armed Forces selected to participate in the Program 

3 under section 2303 and to receive financial assistance 

4 under this section shall be required to enter into an 

5 agreement with the Secretary in which the member 

6 agrees— 

7 ‘‘(A) within such time as the Secretary may 

8 require, to obtain certification or licensing as an 

9 elementary school teacher, secondary school 

10 teacher, or vocational or technical teacher to 

11 meet the requirements necessary to become a 

12 teacher in an eligible school; and 

13 ‘‘(B) to accept an offer of full-time employ14 ment as an elementary school teacher, secondary 

15 school teacher, or vocational or technical teacher 

16 for not less than 3 school years in an eligible 

17 school, to begin the school year after obtaining 

18 that certification or licensing.’’; and 

19 (B) by striking subsection (f) and inserting 

20 the following: 

21 ‘‘(f) REIMBURSEMENT UNDER CERTAIN CIR22 CUMSTANCES.—A participant who is paid a stipend or 

23 bonus shall be subject to the repayment provisions of section 

24 373 of title 37, United States Code under the following cir25 cumstances: 


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1 ‘‘(1) FAILURE TO OBTAIN QUALIFICATIONS OR

2 EMPLOYMENT.—The participant fails to obtain teach3 er certification or licensing or to meet the require4 ments necessary to become a teacher in an eligible 

5 school or to obtain employment as an elementary 

6 school teacher, secondary school teacher, or vocational 

7 or technical teacher as required by the participation 

8 agreement. 

9 ‘‘(2) TERMINATION OF EMPLOYMENT.—The par10 ticipant voluntarily leaves, or is terminated for cause 

11 from, employment as an elementary school teacher, 

12 secondary school teacher, or vocational or technical 

13 teacher during the 3 years of required service in vio14 lation of the participation agreement. 

15 ‘‘(3) FAILURE TO COMPLETE SERVICE UNDER

16 RESERVE COMMITMENT AGREEMENT.—The partici17 pant executed a written agreement with the Secretary 

18 concerned under section 2303(e)(2) to serve as a mem19 ber of a reserve component of the Armed Forces for a 

20 period of 3 years and fails to complete the required 

21 term of service.’’. 

22 (f) EFFECTIVE DATE.—The amendments made by sub23 sections (b) through (e) shall take effect on the first day 

24 of the first month beginning more than 90 days after the 

25 date of the enactment of this Act. 


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1 Subtitle G—Defense Dependents’ 

2 Education and Military Family 

3 Readiness Matters 

4 SEC. 571. IMPACT AID FOR CHILDREN WITH SEVERE DIS5 ABILITIES. 

6 Of the amount authorized to be appropriated for fiscal 

7 year 2013 pursuant to section 301 and available for oper8 ation and maintenance for Defense-wide activities as speci9 fied in the funding table in section 4301, $5,000,000 shall 

10 be available for payments under section 363 of the Floyd 

11 D. Spence National Defense Authorization Act for Fiscal 

12 Year 2001 (as enacted into law by Public Law 106–398; 

13 114 Stat. 1654A–77; 20 U.S.C. 7703a). 

14 SEC. 572. CONTINUATION OF AUTHORITY TO ASSIST LOCAL 

15 EDUCATIONAL AGENCIES THAT BENEFIT DE16 PENDENTS OF MEMBERS OF THE ARMED 

17 FORCES AND DEPARTMENT OF DEFENSE CI18 VILIAN EMPLOYEES. 

19 (a) ASSISTANCE TO SCHOOLS WITH SIGNIFICANT

20 NUMBERS OF MILITARY DEPENDENT STUDENTS.—Of the 

21 amount authorized to be appropriated for fiscal year 2013 

22 by section 301 and available for operation and maintenance 

23 for Defense-wide activities as specified in the funding table 

24 in section 4301, $25,000,000 shall be available only for the 

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1 cies under subsection (a) of section 572 of the National De2 fense Authorization Act for Fiscal Year 2006 (Public Law 

3 109–163; 20 U.S.C. 7703b). 

4 (b) LOCAL EDUCATIONAL AGENCY DEFINED.—In this 

5 section, the term ‘‘local educational agency’’ has the mean6 ing given that term in section 8013(9) of the Elementary 

7 and Secondary Education Act of 1965 (20 U.S.C. 7713(9)). 

8 SEC. 573. AMENDMENTS TO THE IMPACT AID PROGRAM. 

9 (a) SHORT TITLE.—This section may be cited as the 

10 ‘‘Impact Aid Improvement Act of 2012’’. 

11 (b) AMENDMENTS TO THE IMPACT AID PROGRAM.— 

12 Title VIII of the Elementary and Secondary Education Act 

13 of 1965 (20 U.S.C. 7701 et seq.) is amended— 

14 (1) in section 8002 (20 U.S.C. 7702)— 

15 (A) in subsection (b)— 

16 (i) in paragraph (2), by striking ‘‘ag17 gregate assessed’’ and inserting ‘‘estimated 

18 taxable’’; and 

19 (ii) by striking paragraph (3) and in20 serting the following: 

21 ‘‘(3) DETERMINATION OF TAXABLE VALUE FOR

22 ELIGIBLE FEDERAL PROPERTY.— 

23 ‘‘(A) IN GENERAL.—In determining the esti24 mated taxable value of such acquired Federal 


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1 property for fiscal year 2010 and each suc2 ceeding fiscal year, the Secretary shall— 

3 ‘‘(i) first determine the total taxable 

4 value for the purpose of levying property 

5 tax for school purposes for current expendi6 tures of real property located within the 

7 boundaries of such local educational agency; 

8 ‘‘(ii) then determine the total taxable 

9 value of the eligible Federal property by di10 viding the total taxable value as determined 

11 in clause (i) by the difference between the 

12 total acres located within the boundaries of 

13 the local educational agency and the num14 ber of Federal acres eligible under this sec15 tion; and 

16 ‘‘(iii) multiply the per acre value as 

17 calculated under clause (ii) by the number 

18 of Federal acres eligible under this section. 

19 ‘‘(B) SPECIAL RULE.—In the case of Fed20 eral property eligible under this section that is 

21 within the boundaries of 2 or more local edu22 cational agencies, such a local educational agen23 cy may ask the Secretary to calculate the per 

24 acre value of each such local educational agency 

25 as provided under subparagraph (A) and apply 


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1 the average of these per acre values to the acres 

2 of the Federal property in such agency.’’; 

3 (B) in subsection (h)— 

4 (i) in paragraph (1)— 

5 (I) in the paragraph heading, by 

6 striking ‘‘FOR PRE-1995 RECIPIENTS’’; 

7 (II) in subparagraph (A), by 

8 striking ‘‘is eligible’’ and all that fol9 lows through the period at the end and 

10 inserting ‘‘was eligible to receive a 

11 payment under this section for fiscal 

12 year 2010.’’; and 

13 (III) in subparagraph (B), by 

14 striking ‘‘38 percent’’ and all that fol15 lows through the period at the end and 

16 inserting ‘‘90 percent of the average 

17 payment the local educational agency 

18 received in 2006, 2007, 2008, and 

19 2009.’’; and 

20 (ii) by striking paragraphs (2) through 

21 (4) and inserting the following: 

22 ‘‘(2) FOUNDATION PAYMENTS FOR LOCAL EDU23 CATIONAL AGENCIES DETERMINED ELIGIBLE AFTER

24 FISCAL YEAR 2010.— 


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1 ‘‘(A) FIRST YEAR.—From any amounts re2 maining after making payments under para3 graph (1) and subsection (i)(1) for the fiscal 

4 year involved, the Secretary shall make a pay5 ment, in an amount determined in accordance 

6 with subparagraph (C), to each local educational 

7 agency that the Secretary determines eligible for 

8 a payment under this section for a fiscal year 

9 after fiscal year 2010, for the fiscal year for 

10 which such agency was determined eligible for 

11 such payment. 

12 ‘‘(B) SECOND AND SUCCEEDING YEARS.— 

13 For any succeeding fiscal year after the first fis14 cal year that a local educational agency receives 

15 a foundation payment under subparagraph (A), 

16 the amount of the local educational agency’s 

17 foundation payment under this paragraph for 

18 such succeeding fiscal year shall be equal to the 

19 local educational agency’s foundation payment 

20 under this paragraph for the first fiscal year. 

21 ‘‘(C) AMOUNTS.—The amount of a payment 

22 under subparagraph (A) for a local educational 

23 agency shall be determined as follows: 


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1 ‘‘(i) Calculate the local educational 

2 agency’s maximum payment under sub3 section (b). 

4 ‘‘(ii) Calculate the percentage that the 

5 amount appropriated under section 8014(a) 

6 for the most recent fiscal year for which the 

7 Secretary has completed making payments 

8 under this section is of the total maximum 

9 payments for such fiscal year for all local 

10 educational agencies eligible for a payment 

11 under subsection (b) and multiply the agen12 cy’s maximum payment by such percentage. 

13 ‘‘(iii) Multiply the amount determined 

14 under clause (ii) by 90 percent. 

15 ‘‘(3) REMAINING FUNDS.—From any funds re16 maining after making payments under paragraphs 

17 (1) and (2) for the fiscal year involved, the Secretary 

18 shall make a payment to each local educational agen19 cy that received a foundation payment under para20 graph (1) or (2) or subsection (i)(1), for the fiscal 

21 year involved in an amount that bears the same rela22 tion to the remainder as a percentage share deter23 mined for the local educational agency (by dividing 

24 the maximum amount that the agency is eligible to 

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1 imum amounts for all such agencies) bears to the per2 centage share determined (in the same manner) for 

3 all local educational agencies eligible to receive a pay4 ment under this section for the fiscal year involved, 

5 except that, for the purpose of calculating a local edu6 cational agency’s maximum amount under subsection 

7 (b), data from the most current fiscal year shall be 

8 used.’’; and 

9 (C) in subsection (i)(1), by striking ‘‘the 

10 Secretary shall use the remainder described in 

11 subsection (h)(3) for the fiscal year involved’’ 

12 and inserting ‘‘the Secretary shall use amounts 

13 remaining after making payments under sub14 section (h)(1) for the fiscal year involved’’; 

15 (2) in section 8003(a)(4) (20 U.S.C. 

16 7703(a)(4))— 

17 (A) in the paragraph heading, by striking 

18 ‘‘RENOVATION OR REBUILDING’’ and inserting 

19 ‘‘RENOVATION, REBUILDING, OR AUTHORIZED

20 FOR DEMOLITION’’; 

21 (B) in subparagraph (A), by striking ‘‘ren22 ovation or rebuilding’’ both places the term ap23 pears and inserting ‘‘renovation, rebuilding, or 

24 authorized for demolition’’; 

25 (C) in subparagraph (B)— 


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1 (i) by striking ‘‘renovation or rebuild2 ing’’ each place the term appears and in3 serting ‘‘renovation, rebuilding, or author4 ized for demolition’’; and 

5 (ii) in clause (i)(I), by striking ‘‘3 fis6 cal years’’ and inserting ‘‘4 fiscal years 

7 (which are not required to run consecu8 tively)’’; and 

9 (iii) in clause (ii)(I), by striking ‘‘3 

10 fiscal years’’ and inserting ‘‘4 fiscal years 

11 (which are not required to run consecu12 tively)’’; and 

13 (D) by adding at the end the following: 

14 ‘‘(C) ELIGIBLE HOUSING.—Renovation, re15 building, or authorized for demolition shall be 

16 defined as projects considered as recapitalization, 

17 modernization, or restoration as defined by the 

18 Secretary of Defense or the Secretary of the Inte19 rior (as the case may be) and are projects that 

20 last more than 30 days, but do not include 

21 ‘sustainment projects’ such as painting, car22 peting, or minor repairs.’’; and 

23 (3) in section 8010 (20 U.S.C. 7710)— 

24 (A) in subsection (c)— 


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1 (i) in paragraph (1), by striking 

2 ‘‘paragraph (3) of this subsection’’ both 

3 places the term appears and inserting 

4 ‘‘paragraph (2)’’; and 

5 (ii) in paragraph (2)(E), by striking 

6 ‘‘under section 8003(b)’’ and all that follows 

7 through the period at the end and inserting 

8 ‘‘under this title.’’; and 

9 (B) by adding at the end the following: 

10 ‘‘(d) TIMELY PAYMENTS.— 

11 ‘‘(1) IN GENERAL.—Subject to paragraph (2), the 

12 Secretary shall pay a local educational agency the 

13 full amount that the agency is eligible to receive 

14 under this title for a fiscal year not later than Sep15 tember 30 of the second fiscal year following the fiscal 

16 year for which such amount has been appropriated if, 

17 not later than 1 calendar year following the fiscal 

18 year in which such amount has been appropriated, 

19 such local educational agency submits to the Sec20 retary all the data and information necessary for the 

21 Secretary to pay the full amount that the agency is 

22 eligible to receive under this title for such fiscal year. 

23 ‘‘(2) PAYMENTS WITH RESPECT OF FISCAL YEARS

24 IN WHICH INSUFFICIENT FUNDS ARE APPRO25 PRIATED.—For a fiscal year in which the amount apVerDate Mar 15 2010 01:32 Dec 07, 2012 Jkt 029200 PO 00000 Frm 00210 Fmt 6652 Sfmt 6203 E:\SENENR\H4310.PP H4310

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1 propriated under section 8014 is insufficient to pay 

2 the full amount a local educational agency is eligible 

3 to receive under this title, paragraph (1) shall be ap4 plied by substituting ‘is available to pay the agency’ 

5 for ‘the agency is eligible to receive’ both places the 

6 term appears.’’. 

7 (c) EFFECTIVE DATE.—Notwithstanding section 

8 8005(d) of the Elementary and Secondary Education Act 

9 of 1965 (20 U.S.C. 7705(d)), subsection (b)(1), and the 

10 amendments made by subsection (b)(1), shall take effect 

11 with respect to applications submitted under section 8002 

12 of the Elementary and Secondary Education Act of 1965 

13 (20 U.S.C. 7702) for fiscal year 2010. 

14 SEC. 574. MILITARY SPOUSES. 

15 (a) IN GENERAL.—Subchapter I of chapter 33 of title 

16 5, United States Code, is amended by adding at the end 

17 the following: 

18 ‘‘§ 3330d. Appointment of certain military spouses 

19 ‘‘(a) DEFINITIONS.—In this section— 

20 ‘‘(1) the term ‘active duty’— 

21 ‘‘(A) has the meaning given that term in 

22 section 101(d)(1) of title 10; 

23 ‘‘(B) includes full-time National Guard 

24 duty (as defined in section 101(d)(5) of title 10); 

25 and 


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1 ‘‘(C) for a member of a reserve component 

2 (as described in section 10101 of title 10), does 

3 not include training duties or attendance at a 

4 service school; 

5 ‘‘(2) the term ‘agency’— 

6 ‘‘(A) has the meaning given the term ‘Exec7 utive agency’ in section 105; and 

8 ‘‘(B) does not include the Government Ac9 countability Office; 

10 ‘‘(3) the term ‘geographic area of the permanent 

11 duty station’ means the area from which individuals 

12 reasonably can be expected to travel daily to and from 

13 work at the location of a member’s permanent duty 

14 station; 

15 ‘‘(4) the term ‘permanent change of station’ 

16 means the assignment, detail, or transfer of a member 

17 of the Armed Forces who is on active duty and serv18 ing at a permanent duty station under a competent 

19 authorization or order that does not— 

20 ‘‘(A) specify the duty as temporary; 

21 ‘‘(B) provide for assignment, detail, or 

22 transfer, after that different permanent duty sta23 tion, to a further different permanent duty sta24 tion; or 


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1 ‘‘(C) direct return to the initial permanent 

2 duty station; 

3 ‘‘(5) the term ‘relocating spouse of a member of 

4 the Armed Forces’ means an individual who— 

5 ‘‘(A) is married to a member of the Armed 

6 Forces (without regard to whether the individual 

7 married the member before a permanent change 

8 of station of the member) who is ordered to ac9 tive duty for a period of more than 180 consecu10 tive days; 

11 ‘‘(B) relocates to the member’s permanent 

12 duty station; and 

13 ‘‘(C) before relocating as described in sub14 paragraph (B), resided outside the geographic 

15 area of the permanent duty station; and 

16 ‘‘(6) the term ‘spouse of a disabled or deceased 

17 member of the Armed Forces’ means an individual— 

18 ‘‘(A) who is married to a member of the 

19 Armed Forces who— 

20 ‘‘(i) is retired, released, or discharged 

21 from the Armed Forces; and 

22 ‘‘(ii) on the date on which the member 

23 retires, is released, or is discharged, has a 

24 disability rating of 100 percent under the 

25 standard schedule of rating disabilities in 


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1 use by the Department of Veterans Affairs; 

2 or 

3 ‘‘(B) who— 

4 ‘‘(i) was married to a member of the 

5 Armed Forces on the date on which the 

6 member dies while on active duty in the 

7 Armed Forces; and 

8 ‘‘(ii) has not remarried. 

9 ‘‘(b) AUTHORITY.—The head of an agency may ap10 point noncompetitively a relocating spouse of a member of 

11 the Armed Forces or a spouse of a disabled or deceased 

12 member of the Armed Forces. 

13 ‘‘(c) RELOCATING SPOUSES.— 

14 ‘‘(1) IN GENERAL.—An appointment of a relo15 cating spouse of a member of the Armed Forces under 

16 this section may only be to a position the duty sta17 tion for which is within the geographic area of the 

18 permanent duty station of the member of the Armed 

19 Forces, unless there is no agency with a position with 

20 a duty station within the geographic area of the per21 manent duty station of the member of the Armed 

22 Forces. 

23 ‘‘(2) SINGLE APPOINTMENT PER DUTY STA24 TION.—A relocating spouse of a member of the Armed 

25 Forces may not receive more than 1 appointment 


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1 under this section for each time the spouse relocates 

2 as described in subparagraphs (B) and (C) of sub3 section (a)(5).’’. 

4 (b) REGULATIONS.—Not later than 180 after the date 

5 of enactment of this Act, the Director of the Office of Per6 sonnel Management shall amend section 315.612 of title 5, 

7 Code of Federal Regulations (relating to noncompetitive ap8 pointment of certain military spouses) in accordance with 

9 the amendment made by subsection (a) and promulgate or 

10 amend any other regulations necessary to carry out the 

11 amendment made by subsection (a). 

12 (c) TECHNICAL AND CONFORMING AMENDMENT.—The 

13 table of sections for chapter 33 of title 5, United States 

14 Code, is amended by inserting after the item relating to 

15 section 3330c the following: 

‘‘3330d. Appointment of certain military spouses.’’. 

16 SEC. 575. MODIFICATION OF AUTHORITY TO ALLOW DE17 PARTMENT OF DEFENSE DOMESTIC DEPEND18 ENT ELEMENTARY AND SECONDARY 

19 SCHOOLS TO ENROLL CERTAIN STUDENTS. 

20 Section 2164 of title 10, United States Code, is amend21 ed by adding at the end the following new subsections: 

22 ‘‘(k) TUITION-FREE ENROLLMENT IN DOMESTIC DE23 PENDENT SCHOOLS FOR CERTAIN OVERSEAS DEPEND24 ENTS.—Tuition-free enrollment in the domestic dependent 

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1 ents who are currently enrolled in the defense dependents’ 

2 education school system pursuant to the Defense Depend3 ents’ Education Act of 1978 (20 U.S.C. 921 et seq.) if— 

4 ‘‘(1) such dependents departed their overseas lo5 cation due to an authorized departure or evacuation 

6 order; 

7 ‘‘(2) the designated safe haven of such dependents 

8 is located within commuting distance of a school op9 erated by the domestic dependent elementary and sec10 ondary schools; and 

11 ‘‘(3) the school concerned already possesses the 

12 capacity and resources for such dependents to attend 

13 the school. 

14 ‘‘(l) TUITION-PAYING ENROLLMENT IN VIRTUAL ELE15 MENTARY AND SECONDARY EDUCATION PROGRAM FOR CER16 TAIN DEPENDENTS TRANSITIONING FROM OVERSEAS.— 

17 Under regulations prescribed by the Secretary, tuition-pay18 ing enrollment in the virtual elementary and secondary 

19 education program of the Department for dependents of 

20 members of the armed forces on active duty is authorized 

21 when such dependents— 

22 ‘‘(1) transition from an overseas defense depend23 ents’ education system school into a school operated 

24 by a local educational agency or another accredited 

25 educational program in the United States, and 


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1 ‘‘(2) are not otherwise eligible to enroll in a do2 mestic dependent elementary or secondary school pur3 suant to subsection (a).’’. 

4 SEC. 576. SENSE OF CONGRESS REGARDING SUPPORT FOR 

5 YELLOW RIBBON DAY. 

6 (a) FINDINGS.—Congress makes the following findings: 

7 (1) The hopes and prayers of the people of the 

8 United States for the safe return of members of the 

9 Armed Forces of the United States serving overseas 

10 are often demonstrated through the proud display of 

11 yellow ribbons. 

12 (2) The designation of a ‘‘Yellow Ribbon Day’’ 

13 would serve as an additional reminder for all people 

14 of the United States of the continued sacrifice of 

15 members of the Armed Forces. 

16 (3) Yellow Ribbon Day would also recognize the 

17 history and meaning of the yellow ribbon as the sym18 bol of support for members of the Armed Forces and 

19 other individuals of the United States who are serving 

20 in combat or crisis situations overseas. 

21 (b) SENSE OF CONGRESS.—Congress supports the 

22 goals and ideals of Yellow Ribbon Day in honor of members 

23 of the Armed Forces of the United States who are serving 

24 overseas apart from their families and loved ones. 


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1 SEC. 577. REPORT ON FUTURE OF FAMILY SUPPORT PRO2 GRAMS OF THE DEPARTMENT OF DEFENSE. 

3 (a) REPORT REQUIRED.—Not later than 180 days 

4 after the date of the enactment of this Act, the Secretary 

5 of Defense shall submit to the congressional defense commit6 tees a report on the anticipated future of the family support 

7 programs of the Department of Defense during the five-year 

8 period beginning on the date of the submittal of the report 

9 as end strengths for the Armed Forces are reduced and the 

10 Armed Forces are drawn down from combat operations in 

11 Afghanistan. 

12 (b) ELEMENTS.—The report required by subsection (a) 

13 shall include the following: 

14 (1) A description of the current family support 

15 programs of each of the Armed Forces and the De16 partment of Defense, including the name, scope and 

17 intended purpose of each program. 

18 (2) An assessment of the current costs of the fam19 ily support programs covered by paragraph (1), and 

20 an estimate of the costs of anticipated family support 

21 programs of the Department over the period covered 

22 by the report. 

23 (3) An assessment of the costs and other con24 sequences associated with the elimination or reduction 

25 of any current family support programs of the De26 partment over the period covered by the report. 


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1 (4) An assessment by the Secretary of the Army 

2 of the Family Readiness Support Assistant program, 

3 and a description of any planned or anticipated 

4 changes to that program over the period covered by 

5 the report. 

6 Subtitle H—Other Matters 

7 SEC. 581. FAMILY BRIEFINGS CONCERNING ACCOUNTINGS 

8 FOR MEMBERS OF THE ARMED FORCES AND 

9 DEPARTMENT OF DEFENSE CIVILIAN EM10 PLOYEES LISTED AS MISSING. 

11 Section 1501(a)(1) of title 10, United States Code, is 

12 amended— 

13 (1) in subparagraph (B), by striking ‘‘and’’ at 

14 the end; 

15 (2) in subparagraph (C), by striking the period 

16 at the end and inserting ‘‘; and’’; and 

17 (3) by adding at the end the following new sub18 paragraph: 

19 ‘‘(D) coordination of periodic briefing of families 

20 of missing persons about the efforts of the Department 

21 of Defense to account for those persons.’’. 

22 SEC. 582. ENHANCEMENT OF AUTHORITY TO ACCEPT GIFTS 

23 AND SERVICES. 

24 (a) ACTIVITIES BENEFITTING EDUCATION AS SERV25 ICES SUBJECT TO ACCEPTANCE.—Section 2601(i)(2) of title 


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1 10, United States Code, is amended by inserting ‘‘edu2 cation,’’ before ‘‘morale,’’. 

3 (b) ACCEPTANCE OF VOLUNTARY SERVICES IN CON4 NECTION WITH ACCOUNTING FOR MISSING PERSONS.—Sec5 tion 1588(a) of such title is amended by adding at the end 

6 the following new paragraph: 

7 ‘‘(9) Voluntary services to facilitate accounting 

8 for missing persons.’’. 

9 (c) AUTHORITY FOR COOPERATIVE AGREEMENTS FOR

10 ACCEPTANCE BY MILITARY MUSEUMS AND EDUCATION

11 PROGRAMS OF NONPROFIT SUPPORT.— 

12 (1) IN GENERAL.—Chapter 155 of such title is 

13 amended by adding at the end the following new sec14 tion: 

15 ‘‘§ 2615. Military museums and military education 

16 programs: cooperative agreements for re17 ceipt of support from nonprofit entities 

18 ‘‘The Secretary concerned may enter into a cooperative 

19 agreement (as described in section 6305 of title 31) with 

20 a nonprofit entity for purposes related to support of a mili21 tary educational institution program or military museum 

22 program if a cooperative agreement is the appropriate 

23 mechanism to obtain such support under the provisions of 

24 section 6305 of title 31.’’. 


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1 (2) CLERICAL AMENDMENT.—The table of sec2 tions at the beginning of chapter 155 of such title is 

3 amended by adding at the end the following new item: 

‘‘2615. Military museums and military education programs: cooperative agreements for receipt of support from nonprofit entities.’’. 

4 SEC. 583. CLARIFICATION OF AUTHORIZED FISHER HOUSE 

5 RESIDENTS AT THE FISHER HOUSE FOR THE 

6 FAMILIES OF THE FALLEN AND MEDITATION 

7 PAVILION AT DOVER AIR FORCE BASE, DELA8 WARE. 

9 (a) TREATMENT OF FISHER HOUSE FOR THE FAMI10 LIES OF THE FALLEN AND MEDITATION PAVILION.—Sub11 section (a) of section 2493 of title 10, United States Code, 

12 is amended— 

13 (1) in paragraph (1)— 

14 (A) in subparagraph (B), by striking ‘‘by 

15 patients’’ and all that follows through ‘‘such pa16 tients;’’ and inserting ‘‘by authorized Fisher 

17 House residents;’’; and 

18 (B) by adding after subparagraph (C) the 

19 following new flush sentence: 

20 ‘‘The term includes the Fisher House for the Families 

21 of the Fallen and Meditation Pavilion at Dover Air 

22 Force Base, Delaware, so long as such facility is 

23 available for residential use on a temporary basis by 

24 authorized Fisher House residents.’’; and 


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1 (2) by adding at the end the following new para2 graph: 

3 ‘‘(3) The term ‘authorized Fisher House resi4 dents’ means the following: 

5 ‘‘(A) With respect to a facility described in 

6 the first sentence of paragraph (1) that is located 

7 in proximity to a health care facility of the 

8 Army, the Air Force, or the Navy, the following 

9 persons: 

10 ‘‘(i) Patients of that health care facil11 ity. 

12 ‘‘(ii) Members of the families of such 

13 patients. 

14 ‘‘(iii) Others providing the equivalent 

15 of familial support for such patients. 

16 ‘‘(B) With respect to the Fisher House for 

17 Families of the Fallen and Meditation Pavilion 

18 at Dover Air Force Base, Delaware, the following 

19 persons: 

20 ‘‘(i) The primary next of kin of a 

21 member of the armed forces who dies while 

22 located or serving overseas. 

23 ‘‘(ii) Other family members of the de24 ceased member who are eligible for trans25 portation under section 411f(e) of title 37. 


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1 ‘‘(iii) An escort of a family member de2 scribed in clause (i) or (ii).’’. 

3 (b) CONFORMING AMENDMENTS.—Subsections (b), (e), 

4 (f), and (g) of such section are amended by striking ‘‘health 

5 care’’ each place it appears. 

6 (c) REPEAL OF SUPERSEDED AUTHORITY.—Section 

7 643 of the National Defense Authorization Act for Fiscal 

8 Year 2012 (Public Law 112–81; 125 Stat. 1466) is repealed. 

9 SEC. 584. REPORT ON ACCURACY OF DATA IN THE DEFENSE 

10 ENROLLMENT ELIGIBILITY REPORTING SYS11 TEM. 

12 Not later than 90 days after the date of the enactment 

13 of this Act, the Secretary of Defense shall submit to the 

14 Committees on Armed Services of the Senate and the House 

15 of Representatives a plan to improve the completeness and 

16 accuracy of the data contained in the Defense Enrollment 

17 Eligibility Reporting System (DEERS) in order to provide 

18 for the standardization of identification credentials re19 quired for eligibility, enrollment, transactions, and updates 

20 across all Department of Defense installations and to ensure 

21 that those issued military identification cards and receiving 

22 benefits based on such data are actually eligible for such 

23 cards and benefits. 


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1 SEC. 585. POSTHUMOUS HONORARY PROMOTION OF SER2 GEANT PASCHAL CONLEY TO SECOND LIEU3 TENANT IN THE ARMY. 

4 Notwithstanding the time limitation specified in sec5 tion 1521 of title 10, United States Code, or any other time 

6 limitation with respect to posthumous promotions for per7 sons who served in the Armed Forces, the President is au8 thorized to issue an appropriate posthumous honorary com9 mission promoting to second lieutenant in the Army under 

10 section 1521 of such title Sergeant (retired) Paschal Conley, 

11 a distinguished Buffalo Soldier who was recommended for 

12 promotion to second lieutenant under then-existing proce13 dures by General John J. Pershing. 

14 TITLE VI—COMPENSATION AND 

15 OTHER PERSONNEL BENEFITS 

16 Subtitle A—Pay and Allowances 

17 SEC. 601. RATES OF BASIC ALLOWANCE FOR HOUSING FOR 

18 ARMY NATIONAL GUARD AND AIR NATIONAL 

19 GUARD MEMBERS ON FULL-TIME NATIONAL 

20 GUARD DUTY. 

21 Section 403(g) of title 37, United States Code, is 

22 amended by adding at the end the following new paragraph: 

23 ‘‘(6)(A) The rate of basic allowance for housing to be 

24 paid to a member of the Army National Guard of the 

25 United States or the Air National Guard of the United 


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1 States on full-time National Guard duty shall be based on 

2 the member’s duty location. 

3 ‘‘(B)(i) The rate of basic allowance for housing to be 

4 paid a member described in subparagraph (A) may not be 

5 modified upon the transition of the member from active 

6 duty to full-time National Guard duty, or from full-time 

7 National Guard duty to active duty, when the transition 

8 occurs without a break in active service, unless the transi9 tion results in a permanent change of station and shipment 

10 of household goods. 

11 ‘‘(ii) For purposes of this subparagraph, a break in 

12 active service occurs when one or more calendar days be13 tween active service periods do not qualify as active serv14 ice.’’. 

15 SEC. 602. PAYMENT OF BENEFIT FOR NONPARTICIPATION 

16 OF ELIGIBLE MEMBERS IN POST-DEPLOY17 MENT/MOBILIZATION RESPITE ABSENCE PRO18 GRAM DUE TO GOVERNMENT ERROR. 

19 (a) PAYMENT OF BENEFIT.— 

20 (1) IN GENERAL.—Subject to subsection (e), the 

21 Secretary concerned shall, upon application therefor, 

22 make a payment to each individual described in 

23 paragraph (2) of $200 for each day of nonparticipa24 tion of such individual in the Post-Deployment/MobiVerDate Mar 15 2010 01:32 Dec 07, 2012 Jkt 029200 PO 00000 Frm 00225 Fmt 6652 Sfmt 6203 E:\SENENR\H4310.PP H4310

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1 lization Respite Absence program as described in that 

2 paragraph. 

3 (2) COVERED INDIVIDUALS.—An individual de4 scribed in this paragraph is an individual who— 

5 (A) was eligible for participation as a mem6 ber of the Armed Forces in the Post-Deployment/ 

7 Mobilization Respite Absence program; but 

8 (B) as determined by the Secretary con9 cerned pursuant to an application for the correc10 tion of the military records of such individual 

11 pursuant to section 1552 of title 10, United 

12 States Code, did not participate in one or more 

13 days in the program for which the individual 

14 was so eligible due to Government error. 

15 (b) DECEASED INDIVIDUALS.— 

16 (1) APPLICATIONS.—If an individual otherwise 

17 covered by subsection (a) is deceased, the application 

18 required by that subsection shall be made by the indi19 vidual’s legal representative. 

20 (2) PAYMENT.—If an individual to whom pay21 ment would be made under subsection (a) is deceased 

22 at time of payment, payment shall be made in the 

23 manner specified in section 1552(c)(2) of title 10, 

24 United States Code. 


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1 (c) PAYMENT IN LIEU OF ADMINISTRATIVE AB2 SENCE.—Payment under subsection (a) with respect to a 

3 day described in that subsection shall be in lieu of any enti4 tlement of the individual concerned to a day of administra5 tive absence for such day. 

6 (d) CONSTRUCTION.— 

7 (1) CONSTRUCTION WITH OTHER PAY.—Any 

8 payment with respect to an individual under sub9 section (a) is in addition to any other pay provided 

10 by law. 

11 (2) CONSTRUCTION OF AUTHORITY.—It is the 

12 sense of Congress that— 

13 (A) the sole purpose of the authority in this 

14 section is to remedy administrative errors; and 

15 (B) the authority in this section is not in16 tended to establish any entitlement in connection 

17 with the Post-Deployment/Mobilization Respite 

18 Absence program. 

19 (e) OFFSET.—The Secretary of Defense shall transfer 

20 $2,000,000 from the unobligated balances of the Pentagon 

21 Reservation Maintenance Revolving Fund established under 

22 section 2674(e) of title 10, United States Code, to the Mis23 cellaneous Receipts Fund of the United States Treasury. 

24 (f) DEFINITIONS.—In this section, the terms ‘‘Post-De25 ployment/Mobilization Respite Absence program’’ and 


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1 ‘‘Secretary concerned’’ have the meaning given such terms 

2 in section 604(f) of the National Defense Authorization Act 

3 for Fiscal Year 2010 (Public Law 111–84; 123 Stat. 2350). 

4 SEC. 603. EXTENSION OF AUTHORITY TO PROVIDE TEM5 PORARY INCREASE IN RATES OF BASIC AL6 LOWANCE FOR HOUSING UNDER CERTAIN 

7 CIRCUMSTANCES. 

8 Section 403(b)(7)(E) of title 37, United States Code, 

9 is amended by striking ‘‘December 31, 2012’’ and inserting 

10 ‘‘December 31, 2013’’. 

11 Subtitle B—Bonuses and Special 

12 and Incentive Pays 

13 SEC. 611. ONE-YEAR EXTENSION OF CERTAIN BONUS AND 

14 SPECIAL PAY AUTHORITIES FOR RESERVE 

15 FORCES. 

16 The following sections of title 37, United States Code, 

17 are amended by striking ‘‘December 31, 2012’’ and insert18 ing ‘‘December 31, 2013’’: 

19 (1) Section 308b(g), relating to Selected Reserve 

20 reenlistment bonus. 

21 (2) Section 308c(i), relating to Selected Reserve 

22 affiliation or enlistment bonus. 

23 (3) Section 308d(c), relating to special pay for 

24 enlisted members assigned to certain high-priority 

25 units. 


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1 (4) Section 308g(f)(2), relating to Ready Reserve 

2 enlistment bonus for persons without prior service. 

3 (5) Section 308h(e), relating to Ready Reserve 

4 enlistment and reenlistment bonus for persons with 

5 prior service. 

6 (6) Section 308i(f), relating to Selected Reserve 

7 enlistment and reenlistment bonus for persons with 

8 prior service. 

9 (7) Section 910(g), relating to income replace10 ment payments for reserve component members expe11 riencing extended and frequent mobilization for active 

12 duty service. 

13 SEC. 612. ONE-YEAR EXTENSION OF CERTAIN BONUS AND 

14 SPECIAL PAY AUTHORITIES FOR HEALTH 

15 CARE PROFESSIONALS. 

16 (a) TITLE 10 AUTHORITIES.—The following sections 

17 of title 10, United States Code, are amended by striking 

18 ‘‘December 31, 2012’’ and inserting ‘‘December 31, 2013’’: 

19 (1) Section 2130a(a)(1), relating to nurse officer 

20 candidate accession program. 

21 (2) Section 16302(d), relating to repayment of 

22 education loans for certain health professionals who 

23 serve in the Selected Reserve. 


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1 (b) TITLE 37 AUTHORITIES.—The following sections of 

2 title 37, United States Code, are amended by striking ‘‘De3 cember 31, 2012’’ and inserting ‘‘December 31, 2013’’: 

4 (1) Section 302c–1(f), relating to accession and 

5 retention bonuses for psychologists. 

6 (2) Section 302d(a)(1), relating to accession 

7 bonus for registered nurses. 

8 (3) Section 302e(a)(1), relating to incentive spe9 cial pay for nurse anesthetists. 

10 (4) Section 302g(e), relating to special pay for 

11 Selected Reserve health professionals in critically 

12 short wartime specialties. 

13 (5) Section 302h(a)(1), relating to accession 

14 bonus for dental officers. 

15 (6) Section 302j(a), relating to accession bonus 

16 for pharmacy officers. 

17 (7) Section 302k(f), relating to accession bonus 

18 for medical officers in critically short wartime spe19 cialties. 

20 (8) Section 302l(g), relating to accession bonus 

21 for dental specialist officers in critically short war22 time specialties. 


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1 SEC. 613. ONE-YEAR EXTENSION OF SPECIAL PAY AND 

2 BONUS AUTHORITIES FOR NUCLEAR OFFI3 CERS. 

4 The following sections of title 37, United States Code, 

5 are amended by striking ‘‘December 31, 2012’’ and insert6 ing ‘‘December 31, 2013’’: 

7 (1) Section 312(f), relating to special pay for 

8 nuclear-qualified officers extending period of active 

9 service. 

10 (2) Section 312b(c), relating to nuclear career 

11 accession bonus. 

12 (3) Section 312c(d), relating to nuclear career 

13 annual incentive bonus. 

14 SEC. 614. ONE-YEAR EXTENSION OF AUTHORITIES RELAT15 ING TO TITLE 37 CONSOLIDATED SPECIAL 

16 PAY, INCENTIVE PAY, AND BONUS AUTHORI17 TIES. 

18 The following sections of title 37, United States Code, 

19 are amended by striking ‘‘December 31, 2012’’ and insert20 ing ‘‘December 31, 2013’’: 

21 (1) Section 331(h), relating to general bonus au22 thority for enlisted members. 

23 (2) Section 332(g), relating to general bonus au24 thority for officers. 

25 (3) Section 333(i), relating to special bonus and 

26 incentive pay authorities for nuclear officers. 


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1 (4) Section 334(i), relating to special aviation 

2 incentive pay and bonus authorities for officers. 

3 (5) Section 335(k), relating to special bonus and 

4 incentive pay authorities for officers in health profes5 sions. 

6 (6) Section 351(h), relating to hazardous duty 

7 pay. 

8 (7) Section 352(g), relating to assignment pay or 

9 special duty pay. 

10 (8) Section 353(i), relating to skill incentive pay 

11 or proficiency bonus. 

12 (9) Section 355(h), relating to retention incen13 tives for members qualified in critical military skills 

14 or assigned to high priority units. 

15 SEC. 615. ONE-YEAR EXTENSION OF AUTHORITIES RELAT16 ING TO PAYMENT OF OTHER TITLE 37 BO17 NUSES AND SPECIAL PAYS. 

18 The following sections of title 37, United States Code, 

19 are amended by striking ‘‘December 31, 2012’’ and insert20 ing ‘‘December 31, 2013’’: 

21 (1) Section 301b(a), relating to aviation officer 

22 retention bonus. 

23 (2) Section 307a(g), relating to assignment in24 centive pay. 


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1 (3) Section 308(g), relating to reenlistment 

2 bonus for active members. 

3 (4) Section 309(e), relating to enlistment bonus. 

4 (5) Section 324(g), relating to accession bonus 

5 for new officers in critical skills. 

6 (6) Section 326(g), relating to incentive bonus 

7 for conversion to military occupational specialty to 

8 ease personnel shortage. 

9 (7) Section 327(h), relating to incentive bonus 

10 for transfer between armed forces. 

11 (8) Section 330(f), relating to accession bonus for 

12 officer candidates. 

13 SEC. 616. INCREASE IN AMOUNT OF OFFICER AFFILIATION 

14 BONUS FOR OFFICERS IN THE SELECTED RE15 SERVE. 

16 Section 308j(d) of title 37, United States Code, is 

17 amended by striking ‘‘$10,000’’ and inserting ‘‘$20,000’’. 

18 SEC. 617. INCREASE IN MAXIMUM AMOUNT OF INCENTIVE 

19 BONUS FOR RESERVE COMPONENT MEMBERS 

20 WHO CONVERT MILITARY OCCUPATIONAL 

21 SPECIALTY TO EASE PERSONNEL SHORT22 AGES. 

23 Section 326(c)(1) of title 37, United States Code, is 

24 amended by striking ‘‘, in the case of’’ the first place it 


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1 appears and all that follows through ‘‘reserve component of 

2 the armed forces’’. 

3 Subtitle C—Travel and 

4 Transportation Allowances 

5 SEC. 631. PERMANENT CHANGE OF STATION ALLOWANCES 

6 FOR MEMBERS OF SELECTED RESERVE UNITS 

7 FILLING A VACANCY IN ANOTHER UNIT 

8 AFTER BEING INVOLUNTARILY SEPARATED. 

9 (a) TRAVEL AND TRANSPORTATION ALLOWANCES GEN10 ERALLY.—Section 474 of title 37, United States Code, is 

11 amended— 

12 (1) in subsection (a)— 

13 (A) in paragraph (4), by striking ‘‘and’’ at 

14 the end; 

15 (B) in paragraph (5), by striking the period 

16 at the end and inserting ‘‘; and’’; and 

17 (C) by adding at the end the following new 

18 paragraph: 

19 ‘‘(6) upon filling a vacancy in a Selected Reserve 

20 unit at a duty station that is more than 150 miles 

21 from the member’s residence if— 

22 ‘‘(A) during the preceding three years the 

23 member was involuntarily separated under other 

24 than adverse conditions (as characterized by the 

25 Secretary concerned) while assigned to a unit of 


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1 the Selected Reserve certified by the Secretary 

2 concerned as having been adversely affected by 

3 force structure reductions during the period be4 ginning on October 1, 2012, and ending on De5 cember 31, 2018; 

6 ‘‘(B) the involuntary separation occurred 

7 during the period beginning on October 1, 2012, 

8 and ending on December 31, 2018; and 

9 ‘‘(C) the member is— 

10 ‘‘(i) qualified in a skill designated as 

11 critically short by the Secretary concerned; 

12 or 

13 ‘‘(ii) filling a vacancy in a Selected 

14 Reserve unit with a critical manpower 

15 shortage, or in a pay grade with a critical 

16 manpower shortage in such unit.’’; 

17 (2) in subsection (f), by adding at the end the 

18 following new paragraph: 

19 ‘‘(4)(A) A member may be provided travel and trans20 portation allowances under subsection (a)(6) only with re21 spect to the filling of a vacancy in a Selected Reserve unit 

22 one time. 

23 ‘‘(B) Regulations under this section shall provide that 

24 whenever travel and transportation allowances are paid 


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1 under subsection (a)(6), the cost shall be borne by the unit 

2 filling the vacancy.’’; and 

3 (3) in subsection (j), by striking ‘‘In this’’ and 

4 inserting ‘‘Other than in subsection (a)(6), in this’’. 

5 (b) TRAVEL AND TRANSPORTATION ALLOWANCES FOR

6 DEPENDENTS AND HOUSEHOLD EFFECTS.—Section 476 of 

7 such title is amended— 

8 (1) by redesignating subsections (l), (m), and (n) 

9 as subsections (m), (n), and (o); and 

10 (2) by inserting after subsection (k) the following 

11 new subsection (l) 

12 ‘‘(l)(1) A member described in paragraph (2) is enti13 tled to the travel and transportation allowances, including 

14 allowances with respect to dependents, authorized by this 

15 section upon filling a vacancy as described in that para16 graph as if the member were undergoing a permanent 

17 change of station under orders in filling such vacancy. 

18 ‘‘(2) A member described in this paragraph is a mem19 ber who is filling a vacancy in a Selected Reserve unit at 

20 a duty station that is more than 150 miles from the mem21 ber’s residence if— 

22 ‘‘(A) during the three years preceding filling the 

23 vacancy, the member was involuntarily separated 

24 under other than adverse conditions (as characterized 

25 by the Secretary concerned) while assigned to a unit 


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1 of the Selected Reserve certified by the Secretary con2 cerned as having been adversely affected by force 

3 structure reductions during the period beginning on 

4 October 1, 2012, and ending on December 31, 2018; 

5 ‘‘(B) the involuntary separation occurred during 

6 the period beginning on October 1, 2012, and ending 

7 on December 31, 2018; and 

8 ‘‘(C) the member is— 

9 ‘‘(i) qualified in a skill designated as criti10 cally short by the Secretary concerned; or 

11 ‘‘(ii) filling a vacancy in a Selected Reserve 

12 unit with a critical manpower shortage, or in a 

13 pay grade with a critical manpower shortage in 

14 such unit. 

15 ‘‘(3) Any allowances authorized by this section that are 

16 payable under this subsection may be payable in advance 

17 if payable in advance to a member undergoing a permanent 

18 change of station under orders under the applicable provi19 sion of this section.’’. 

20 SEC. 632. AUTHORITY FOR COMPREHENSIVE PROGRAM FOR 

21 SPACE-AVAILABLE TRAVEL ON DEPARTMENT 

22 OF DEFENSE AIRCRAFT. 

23 (a) IN GENERAL.—Chapter 157 of title 10, United 

24 States Code, is amended by inserting after section 2641b 

25 the following new section: 


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1 ‘‘§ 2641c. Space-available travel on Department of De2 fense aircraft 

3 ‘‘(a) AUTHORITY TO ESTABLISH PROGRAM.—(1) The 

4 Secretary of Defense may establish a program to provide 

5 transportation on Department of Defense aircraft on a 

6 space-available basis. 

7 ‘‘(2) The program shall be conducted pursuant to regu8 lations prescribed by the Secretary for purposes of this sec9 tion. Such regulations shall be prescribed by not later than 

10 January 1, 2014, and shall take effect on that date or such 

11 earlier date as the Secretary shall specify in such regula12 tions. 

13 ‘‘(3) The program shall be conducted in a budget neu14 tral manner. No additional funds may be used, or flight 

15 hours performed, for the provision of transportation under 

16 the program. 

17 ‘‘(b) BENEFIT.—If the Secretary establishes a program 

18 authorized by subsection (a), the Secretary shall, subject to 

19 section (c), provide the benefit under the program to the 

20 following categories of individuals: 

21 ‘‘(1) Members of the armed forces on active duty. 

22 ‘‘(2) Members of the Selected Reserve who hold a 

23 valid Uniformed Services Identification and Privilege 

24 Card. 

25 ‘‘(3) Retired members of a regular or reserve 

26 component of the armed forces, including retired 


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1 members of reserve components, who, but for being 

2 under the eligibility age applicable under section 

3 12731 of this title, would be eligible for retired pay 

4 under chapter 1223 of this title. 

5 ‘‘(4) The unremarried spouses of members of the 

6 armed forces who were killed on active duty or other7 wise died in the line of duty, and the unremarried 

8 spouses of former members of the armed forces who 

9 died of a combat-related illness or injury, who hold 

10 a valid Uniformed Services Identification and Privi11 lege Card. 

12 ‘‘(5) Such categories of dependents of individuals 

13 described in paragraphs (1) through (3) as the Sec14 retary shall specify in the regulations under sub15 section (a), under such conditions and circumstances 

16 as the Secretary shall specify in such regulations. 

17 ‘‘(6) Such other categories of individuals as the 

18 Secretary, in the discretion of the Secretary, considers 

19 appropriate. 

20 ‘‘(c) ADMINISTRATION.—In carrying out a program 

21 under this section, the Secretary shall— 

22 ‘‘(1) in the sole discretion of the Secretary, estab23 lish an order of priority for transportation under the 

24 program for categories of individuals under sub25 section (b) that is based on considerations of military 


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1 necessity, humanitarian concerns, and enhancement 

2 of morale; 

3 ‘‘(2) give priority in consideration of transpor4 tation under the program to the demands of members 

5 of the armed forces in the regular components and in 

6 the reserve components on active duty and to the need 

7 to provide such members, and their dependents, a 

8 means of respite from such demands; and 

9 ‘‘(3) implement policies aimed at ensuring cost 

10 control and the safety, security, and efficient proc11 essing of travelers, including limiting the benefit 

12 under the program to one or more categories of indi13 viduals set forth in subsection (b) if considered nec14 essary by the Secretary. 

15 ‘‘(d) CONSTRUCTION.—The authority to provide trans16 portation under this section is in addition to any other au17 thority under law to provide transportation on Department 

18 of Defense aircraft on a space-available basis.’’. 

19 (b) CLERICAL AMENDMENT.—The table of sections at 

20 the beginning of chapter 157 of such title is amended by 

21 inserting after the item relating to section 2641b the fol22 lowing new item: 

‘‘2641c. Space-available travel on Department of Defense aircraft.’’. 


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1 Subtitle D—Disability, Retired Pay, 

2 and Survivor Benefits 

3 SEC. 641. REPEAL OF REQUIREMENT FOR PAYMENT OF SUR4 VIVOR BENEFIT PLAN PREMIUMS WHEN PAR5 TICIPANT WAIVES RETIRED PAY TO PROVIDE 

6 A SURVIVOR ANNUITY UNDER FEDERAL EM7 PLOYEES RETIREMENT SYSTEM AND TERMI8 NATION OF PAYMENT OF SURVIVOR BENEFIT 

9 PLAN ANNUITY. 

10 (a) DEPOSITS NOT REQUIRED.—Section 1452(e) of 

11 title 10, United States Code, is amended— 

12 (1) in the subsection heading, by inserting ‘‘AND

13 FERS’’ after ‘‘CSRS’’; 

14 (2) by inserting ‘‘or for the purposes of chapter 

15 84 of title 5,’’ after ‘‘chapter 83 of title 5,’’; 

16 (3) by inserting ‘‘or 8416(a)’’ after ‘‘8339(j)’’; 

17 and 

18 (4) by inserting ‘‘or 8442(a)’’ after ‘‘8341(b)’’. 

19 (b) CONFORMING AMENDMENTS.—Section 1450(d) of 

20 such title is amended— 

21 (1) by inserting ‘‘or for the purposes of chapter 

22 84 of title 5,’’ after ‘‘chapter 83 of title 5,’’; 

23 (2) by inserting ‘‘or 8146(a)’’ after ‘‘8339(j)’’; 

24 and 

25 (3) by inserting ‘‘or 8442(a)’’ after ‘‘8341(b).’’ 


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1 (c) APPLICABILITY.—The amendments made by this 

2 section shall apply with respect to any participant electing 

3 a annuity for survivors under chapter 84 of title 5, United 

4 States Code, on or after the date of the enactment of this 

5 Act. 

6 SEC. 642. REPEAL OF AUTOMATIC ENROLLMENT IN FAMILY 

7 SERVICEMEMBERS’ GROUP LIFE INSURANCE 

8 FOR MEMBERS OF THE ARMED FORCES MAR9 RIED TO OTHER MEMBERS. 

10 Section 1967(a)(1) of title 38, United States Code, is 

11 amended— 

12 (1) in subparagraph (A)(ii), by inserting after 

13 ‘‘insurable dependent of the member’’ the following: 

14 ‘‘(other than a dependent who is also a member of a 

15 uniformed service and, because of such membership, 

16 automatically insured under this paragraph)’’; and 

17 (2) in subparagraph (C)(ii), by inserting after 

18 ‘‘insurable dependent of the member’’ the following: 

19 ‘‘(other than a dependent who is also a member of a 

20 uniformed service and, because of such membership, 

21 automatically insured under this paragraph)’’. 


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1 SEC. 643. CLARIFICATION OF COMPUTATION OF COMBAT2 RELATED SPECIAL COMPENSATION FOR 

3 CHAPTER 61 DISABILITY RETIREES. 

4 (a) IN GENERAL.—Section 1413a(b)(3) of title 10, 

5 United States Code, is amended by striking ‘‘shall be re6 duced by the amount (if any) by which the amount of the 

7 member’s retired pay under chapter 61 of this title exceeds’’ 

8 both places it appears and inserting ‘‘may not, when com9 bined with the amount of retired pay payable to the retiree 

10 after any such reduction under sections 5304 and 5305 of 

11 title 38, cause the total of such combined payment to ex12 ceed’’. 

13 (b) EFFECTIVE DATE.—The amendments made by this 

14 section shall take effect on October 1, 2013, and shall apply 

15 to payments for months beginning on or after that date. 

16 Subtitle E—Military Lending 

17 Matters 

18 SEC. 651. ENHANCEMENT OF PROTECTIONS ON CONSUMER 

19 CREDIT FOR MEMBERS OF THE ARMED 

20 FORCES AND THEIR DEPENDENTS. 

21 (a) CONSUMER CREDIT.—Paragraph (6) of section 

22 987(i) of title 10, United States Code, is amended to read 

23 as follows: 

24 ‘‘(6) CONSUMER CREDIT.— 

25 ‘‘(A) IN GENERAL.—The term ‘consumer 

26 credit’ shall be defined by the Secretary of DeVerDate Mar 15 2010 01:32 Dec 07, 2012 Jkt 029200 PO 00000 Frm 00243 Fmt 6652 Sfmt 6203 E:\SENENR\H4310.PP H4310

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1 fense in regulations prescribed under this section, 

2 and shall include, in addition to any other 

3 meaning provided for in such regulations, the 

4 following: 

5 ‘‘(i) A vehicle title loan for any dura6 tion, whether open end or closed end. 

7 ‘‘(ii) A payday loan for any duration, 

8 whether open end or closed end. 

9 ‘‘(iii) A tax refund anticipation loan. 

10 ‘‘(B) EXCLUSIONS.—The term ‘consumer 

11 credit’ does not include the following: 

12 ‘‘(i) A residential mortgage. 

13 ‘‘(ii) A loan procured in the course of 

14 purchasing a car or other personal prop15 erty, when that loan is offered for the ex16 press purpose of financing the purchase and 

17 is secured by the car or personal property 

18 procured.’’. 

19 (b) POLICY ON PREDATORY EXTENSION OF CREDIT

20 THROUGH INSTALLMENT LOANS TARGETING MEMBERS OF

21 THE ARMED FORCES AND DEPENDENTS.— 

22 (1) POLICY REQUIRED.—The Secretary of De23 fense shall, in consultation with the officials and enti24 ties specified in section 987(h)(3) of title 10, United 

25 States Code, prescribe a policy on the predatory exVerDate Mar 15 2010 01:32 Dec 07, 2012 Jkt 029200 PO 00000 Frm 00244 Fmt 6652 Sfmt 6203 E:\SENENR\H4310.PP H4310

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1 tension of credit through installment loans targeting 

2 members of the Armed Forces and their dependents. 

3 (2) OBJECTIVES.—The objectives of the policy re4 quired by paragraph (1) shall be as follows: 

5 (A) To enhance protections afforded mem6 bers of the Armed Forces and their dependents 

7 under section 987 of title 10, United States Code, 

8 by curbing continuing predatory lending prac9 tices targeting members of the Armed Forces and 

10 their dependents that are not currently regulated 

11 under that section. 

12 (B) To improve the financial literacy of 

13 members of the Armed Forces and their depend14 ents with respect to installment loans and other 

15 forms of credit not currently regulated under sec16 tion 987 of title 10, United States Code. 

17 (C) To make members of the Armed Forces 

18 and their dependents aware of other, more bene19 ficial sources of financial aid and credit services 

20 (such as those available through military relief 

21 societies) than installment loans. 

22 (D) If considered appropriate by the Sec23 retary of Defense, to provide, by regulation, for 

24 the coverage under section 987 of title 10, United 

25 States Code, of installment loans extended to 


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1 members of the Armed Forces and dependents 

2 protected by that section. 

3 (c) EFFECTIVE DATE.— 

4 (1) MODIFICATION OF REGULATIONS.—The Sec5 retary of Defense shall modify the regulations pre6 scribed under section 987 of title 10, United States 

7 Code, to take into account the amendment made by 

8 subsection (a). 

9 (2) EFFECTIVE DATE OF MODIFICATION AND

10 POLICY.—The amendment made by subsection (a), 

11 and the policy required by subsection (b), shall take 

12 effect on— 

13 (A) the date that is one year after the date 

14 of the enactment of this Act; or 

15 (B) such earlier date as the Secretary shall 

16 specify. 

17 (3) PUBLICATION OF EARLIER DATE.—If pursu18 ant to paragraph (2)(B) the Secretary specifies an 

19 earlier effective date for the amendment made by sub20 section (a) and the policy required by subsection (b), 

21 the Secretary shall publish notice of such earlier effec22 tive date in the Federal Register not later than 90 

23 days before such earlier effective date. 


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1 SEC. 652. ADDITIONAL ENHANCEMENTS OF PROTECTIONS 

2 ON CONSUMER CREDIT FOR MEMBERS OF 

3 THE ARMED FORCES AND THEIR DEPEND4 ENTS. 

5 (a) PROTECTIONS AGAINST DIFFERENTIAL TREAT6 MENT ON CONSUMER CREDIT UNDER STATE LAW.—Sub7 section (d)(2) of section 987 of title 10, United States Code, 

8 is amended— 

9 (1) in subparagraph (A), by inserting ‘‘any con10 sumer credit or’’ before ‘‘loans’’; and 

11 (2) in subparagraph (B), by inserting ‘‘covering 

12 consumer credit’’ after ‘‘State consumer lending pro13 tections’’. 

14 (b) REGULAR CONSULTATIONS ON PROTECTIONS.— 

15 Subsection (h)(3) of such section is amended— 

16 (1) in the matter preceding subparagraph (A)— 

17 (A) by inserting ‘‘and not less often than 

18 once every two years thereafter,’’ after ‘‘under 

19 this subsection,’’; and 

20 (B) by inserting ‘‘appropriate Federal agen21 cies, including’’ before ‘‘the following’’; 

22 (2) by striking subparagraph (E); and 

23 (3) by redesignating subparagraphs (F) and (G) 

24 as subparagraphs (E) and (F), respectively. 

25 (c) EFFECTIVE DATE.— 


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1 (1) MODIFICATION OF REGULATIONS.—The Sec2 retary of Defense shall modify the regulations pre3 scribed under section 987 of title 10, United States 

4 Code, to take into account the amendments made by 

5 subsection (a). 

6 (2) EFFECTIVE DATE.—The amendments made 

7 by subsection (a) shall take effect on— 

8 (A) the date that is one year after the date 

9 of the enactment of this Act; or 

10 (B) such earlier date as the Secretary shall 

11 specify in the modification of regulations re12 quired by paragraph (1). 

13 (3) PUBLICATION OF EARLIER DATE.—If the Sec14 retary specifies an earlier effective date for the 

15 amendments made by subsection (a) pursuant to 

16 paragraph (2)(B), the Secretary shall publish notice 

17 of such earlier effective date in the Federal Register 

18 not later than 90 days before such earlier effective 

19 date. 


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1 SEC. 653. RELIEF IN CIVIL ACTIONS FOR VIOLATIONS OF 

2 PROTECTIONS ON CONSUMER CREDIT EX3 TENDED TO MEMBERS OF THE ARMED 

4 FORCES AND THEIR DEPENDENTS. 

5 (a) IN GENERAL.—Section 987(f) of title 10, United 

6 States Code, is amended by adding at the end the following 

7 new paragraph: 

8 ‘‘(5) CIVIL LIABILITY.— 

9 ‘‘(A) IN GENERAL.—A person who violates 

10 this section with respect to any person is civilly 

11 liable to such person for— 

12 ‘‘(i) any actual damage sustained as a 

13 result, but not less than $500 for each viola14 tion; 

15 ‘‘(ii) appropriate punitive damages; 

16 ‘‘(iii) appropriate equitable or declara17 tory relief; 

18 ‘‘(iv) any other relief provided by law; 

19 ‘‘(v) in any successful action to enforce 

20 the foregoing liability, the costs of the ac21 tion, together with reasonable attorney fees 

22 as determined by the court; and 

23 ‘‘(vi) in any successful action by a de24 fendant under this section, if the court finds 

25 the action was brought in bad faith and for 

26 the purpose of harassment, attorney fees of 


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1 the defendant as determined by the court to 

2 be reasonable in relation to the work ex3 pended and costs incurred. 

4 ‘‘(B) DEFENSES.—A person may not be 

5 held liable for civil liability under this para6 graph if the person shows by a preponderance of 

7 evidence that the violation was not intentional 

8 and resulted from a bona fide error notwith9 standing the maintenance of procedures reason10 ably adapted to avoid any such error. Examples 

11 of a bona fide error include clerical, calculation, 

12 computer malfunction and programming, and 

13 printing errors, except that an error of legal 

14 judgment with respect to a person’s obligations 

15 under this section is not a bona fide error. 

16 ‘‘(C) JURISDICTION AND VENUE; LIMITA17 TION.—An action for civil liability under this 

18 paragraph may be brought in any appropriate 

19 United States district court, without regard to 

20 the amount in controversy, or in any other court 

21 of competent jurisdiction, not later than the ear22 lier or— 

23 ‘‘(i) two years after the date of dis24 covery by the plaintiff of the violation that 

25 is the basis for such liability; or 


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1 ‘‘(ii) five years after the date on which 

2 the violation that is the basis for such li3 ability occurs.’’. 

4 (b) EFFECTIVE DATE.—The amendment made by this 

5 section and shall take effect on the date of the enactment 

6 of this Act, and shall apply with respect to consumer credit 

7 extended on or after that date. 

8 SEC. 654. MODIFICATION OF DEFINITION OF DEPENDENT 

9 FOR PURPOSES OF LIMITATIONS ON TERMS 

10 OF CONSUMER CREDIT EXTENDED TO MEM11 BERS OF THE ARMED FORCES AND THEIR DE12 PENDENTS. 

13 Paragraph (2) of section 987(i) of title 10, United 

14 States Code, is amended to read as follows: 

15 ‘‘(2) DEPENDENT.—The term ‘dependent’, with 

16 respect to a covered member, has the meaning given 

17 that term in section 401(a) of title 37.’’. 

18 SEC. 655. ENFORCEMENT OF PROTECTIONS ON CONSUMER 

19 CREDIT FOR MEMBERS OF THE ARMED 

20 FORCES AND THEIR DEPENDENTS. 

21 Section 987(f) of title 10, United States Code, as 

22 amended by section 653 of this Act, is further amended by 

23 adding at the end the following new paragraph: 

24 ‘‘(6) ENFORCEMENT.—The provisions of this sec25 tion (other than paragraph (1) of this subsection) 


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1 shall be enforced by the agencies specified in section 

2 108 of the Truth in Lending Act (15 U.S.C. 1607) in 

3 the manner set forth in that section or as set forth 

4 under any other applicable authorities available to 

5 such agencies by law.’’. 

6 Subtitle F—Other Matters 

7 SEC. 661. TRANSITIONAL COMPENSATION FOR DEPENDENT 

8 CHILDREN WHO ARE CARRIED DURING PREG9 NANCY AT TIME OF DEPENDENT-ABUSE OF10 FENSE. 

11 (a) IN GENERAL.—Section 1059 of title 10, United 

12 States Code, is amended— 

13 (1) in subsection (f), by adding at the end the 

14 following new paragraph: 

15 ‘‘(4) Payment to a child under this section shall not 

16 be paid for any period before the birth of the child.’’; and 

17 (2) in subsection (l), by striking ‘‘at the time of 

18 the dependent-abuse offense resulting in the separa19 tion of the former member’’ and inserting ‘‘or eligible 

20 spouse at the time of the dependent-abuse offense re21 sulting in the separation of the former member or who 

22 was carried during pregnancy at the time of the de23 pendent-abuse offense resulting in the separation of 

24 the former member and was subsequently born alive 

25 to the eligible spouse or former spouse’’. 


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1 (b) PROSPECTIVE APPLICABILITY.—No benefits shall 

2 accrue by reason of the amendments made by this section 

3 for any month that begins before the date of the enactment 

4 of this Act. 

5 SEC. 662. REPORT ON ISSUANCE BY ARMED FORCES MED6 ICAL EXAMINER OF DEATH CERTIFICATES 

7 FOR MEMBERS OF THE ARMED FORCES WHO 

8 DIE ON ACTIVE DUTY ABROAD. 

9 (a) REPORT REQUIRED.—Not later than 120 days 

10 after the date of the enactment of this Act, the Secretary 

11 of Defense shall submit to the congressional defense commit12 tees a report on the issuance by the Armed Forces Medical 

13 Examiner of death certificates for members of the Armed 

14 Forces who die on active duty abroad, including mecha15 nisms for reducing or ameliorating delays in the issuance 

16 of such death certificates. 

17 (b) ELEMENTS.—The report required by subsection (a) 

18 shall include the following: 

19 (1) A description of the process used by the 

20 Armed Forces Medical Examiner to issue a death cer21 tificate for members of the Armed Forces who die on 

22 active duty abroad, including an explanation for any 

23 current delays in the issuance of such death certifi24 cates. 


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1 (2) A description of the average amount of time 

2 taken by the Armed Forces Medical Examiner to issue 

3 such death certificates. 

4 (3) An assessment of the feasibility and advis5 ability of issuing temporary death certificates for 

6 members of the Armed Forces who die on active duty 

7 abroad in order to provide necessary documentation 

8 for survivors. 

9 (4) A description of the actions required to en10 able the Armed Forces Medical Examiner to issue a 

11 death certificate for a member of the Armed Forces 

12 who dies on active duty abroad not later than seven 

13 days after the return of the remains of the member to 

14 the United States. 

15 (5) Such other recommendations for legislative or 

16 administrative action as the Secretary considers ap17 propriate to provide for the issuance by the Armed 

18 Forces Medical Examiner of a death certificate for 

19 members of the Armed Forces who die on active duty 

20 abroad not later than seven days after the return of 

21 the remains of such members to the United States. 


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1 TITLE VII—HEALTH CARE 

2 PROVISIONS 

3 Subtitle A—TRICARE Program 

4 SEC. 701. EXTENSION OF TRICARE STANDARD COVERAGE 

5 AND TRICARE DENTAL PROGRAM FOR MEM6 BERS OF THE SELECTED RESERVE WHO ARE 

7 INVOLUNTARILY SEPARATED. 

8 (a) EXTENSION OF TRICARE STANDARD COV9 ERAGE.—Section 1076d(b) of title 10, United States Code, 

10 is amended— 

11 (1) by striking ‘‘Eligibility’’ and inserting ‘‘(1) 

12 Except as provided in paragraph (2), eligibility’’; 

13 and 

14 (2) by adding at the end the following new para15 graph: 

16 ‘‘(2) Eligibility for a member under this section who 

17 is involuntarily separated from the Selected Reserve under 

18 other than adverse conditions, as characterized by the Sec19 retary concerned, shall terminate 180 days after the date 

20 on which the member is separated.’’. 

21 (b) EXTENSION OF TRICARE DENTAL PROGRAM COV22 ERAGE.—Section 1076a(a)(1) of such title is amended by 

23 adding at the end the following new sentence: ‘‘Such plan 

24 shall provide that coverage for a member of the Selected Re25 serve who is involuntarily separated from the Selected ReVerDate Mar 15 2010 01:32 Dec 07, 2012 Jkt 029200 PO 00000 Frm 00255 Fmt 6652 Sfmt 6203 E:\SENENR\H4310.PP H4310

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1 serve under other than adverse conditions, as characterized 

2 by the Secretary concerned, shall terminate not earlier than 

3 180 days after the date on which the member is separated.’’. 

4 SEC. 702. INCLUSION OF CERTAIN OVER-THE-COUNTER 

5 DRUGS IN TRICARE UNIFORM FORMULARY. 

6 (a) INCLUSION.—Subsection (a)(2) of section 1074g of 

7 title 10, United States Code, is amended— 

8 (1) in subparagraph (D), by striking ‘‘No phar9 maceutical agent may be excluded’’ and inserting 

10 ‘‘Except as provided in subparagraph (F), no phar11 maceutical agent may be excluded’’; and 

12 (2) by adding at the end the following new sub13 paragraph: 

14 ‘‘(F)(i) The Secretary may implement procedures to 

15 place selected over-the-counter drugs on the uniform for16 mulary and to make such drugs available to eligible covered 

17 beneficiaries. An over-the-counter drug may be included on 

18 the uniform formulary only if the Pharmacy and Thera19 peutics Committee established under subsection (b) finds 

20 that the over-the-counter drug is cost-effective and clinically 

21 effective. If the Pharmacy and Therapeutics Committee rec22 ommends an over-the-counter drug for inclusion on the uni23 form formulary, the drug shall be considered to be in the 

24 same therapeutic class of pharmaceutical agents, as deter25 mined by the Committee, as similar prescription drugs. 


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1 ‘‘(ii) Regulations prescribed by the Secretary to carry 

2 out clause (i) shall include the following with respect to 

3 over-the-counter drugs included on the uniform formulary: 

4 ‘‘(I) A determination of the means and condi5 tions under paragraphs (5) and (6) of this subsection 

6 through which over-the-counter drugs will be available 

7 to eligible covered beneficiaries and the amount of cost 

8 sharing that such beneficiaries will be required to pay 

9 for over-the-counter drugs, except that no such cost 

10 sharing may be required for a member of a uniformed 

11 service on active duty. 

12 ‘‘(II) Any terms and conditions for the dis13 pensing of over-the-counter drugs to eligible covered 

14 beneficiaries.’’. 

15 (b) DEFINITIONS.—Subsection (g) of such section is 

16 amended by adding at the end the following new para17 graphs: 

18 ‘‘(3) The term ‘over-the-counter drug’ means a 

19 drug that is not subject to section 503(b) of the Fed20 eral Food, Drug, and Cosmetic Act (21 U.S.C. 

21 353(b)). 

22 ‘‘(4) The term ‘prescription drug’ means a drug 

23 that is subject to section 503(b) of the Federal Food, 

24 Drug, and Cosmetic Act (21 U.S.C. 353(b)).’’. 

25 (c) TECHNICAL AMENDMENTS.— 


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1 (1) CROSS-REFERENCE AMENDMENTS.—Sub2 sections (a)(6)(A) and (b)(1) of such section are 

3 amended by striking ‘‘subsection (g)’’ and inserting 

4 ‘‘subsection (h)’’. 

5 (2) REPEAL OF OBSOLETE PROVISIONS.— 

6 (A) Subsection (a)(2)(D) of such section is 

7 amended by striking the last sentence. 

8 (B) Subsection (b)(2) of such section is 

9 amended by striking ‘‘Not later than’’ and all 

10 the follows through ‘‘such 90-day period, the 

11 committee’’ and inserting ‘‘The committee’’. 

12 (C) Subsection (d)(2) of such section is 

13 amended— 

14 (i) by striking ‘‘Effective not later than 

15 April 5, 2000, the Secretary’’ and inserting 

16 ‘‘The Secretary’’; and 

17 (ii) by striking ‘‘the current managed 

18 care support contracts’’ and inserting ‘‘the 

19 managed care support contracts current as 

20 of October 5, 1999,’’. 

21 SEC. 703. EXPANSION OF EVALUATION OF THE EFFECTIVE22 NESS OF THE TRICARE PROGRAM. 

23 Section 717(a)(1) of the National Defense Authoriza24 tion Act for Fiscal Year 1996 (Public Law 106–104; 110 

25 Stat. 376; 10 U.S.C. 1073 note) is amended by striking 


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1 ‘‘military retirees’’ and inserting ‘‘members of the Armed 

2 Forces (whether in the regular or reserve components) and 

3 their dependents, military retirees and their dependents, de4 pendent children under the age of 21, and dependents of 

5 members on active duty with severe disabilities and chronic 

6 health care needs’’. 

7 SEC. 704. REPORT ON THE FUTURE AVAILABILITY OF 

8 TRICARE PRIME THROUGHOUT THE UNITED 

9 STATES. 

10 (a) REPORT REQUIRED.—Not later than 120 days 

11 after the date of the enactment of this Act, the Secretary 

12 of Defense shall submit to the Committees on Armed Serv13 ices of the Senate and the House of Representatives a report 

14 setting forth the policy of the Department of Defense on the 

15 future availability of TRICARE Prime under the 

16 TRICARE program for eligible beneficiaries in all 

17 TRICARE regions throughout the United States. 

18 (b) ELEMENTS.—The report required by subsection (a) 

19 shall include the following: 

20 (1) A description, by region, of the difference in 

21 availability of TRICARE Prime for eligible bene22 ficiaries (other than eligible beneficiaries on active 

23 duty in the Armed Forces) under newly-awarded 

24 TRICARE managed care contracts, including, in 

25 particular, an identification of the regions or areas in 


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1 which TRICARE Prime will no longer be available 

2 for such beneficiaries under such contracts. 

3 (2) A description of the transition and outreach 

4 plans for eligible beneficiaries described in paragraph 

5 (1) who will no longer have access to TRICARE 

6 Prime under the contracts described in that para7 graph. 

8 (3) An estimate of the increased costs to be in9 curred for healthcare under the TRICARE program 

10 for eligible beneficiaries described in paragraph (2). 

11 (4) An estimate of the saving to be achieved by 

12 the Department as a result of the contracts described 

13 in paragraph (1). 

14 (5) A description of the plans of the Department 

15 to continue to assess the impact on access to 

16 healthcare for eligible beneficiaries described in para17 graph (2). 

18 SEC. 705. CERTAIN TREATMENT OF DEVELOPMENTAL DIS19 ABILITIES, INCLUDING AUTISM, UNDER THE 

20 TRICARE PROGRAM. 

21 (a) CERTAIN TREATMENT OF AUTISM.— 

22 (1) IN GENERAL.—Chapter 55 of title 10, United 

23 States Code, is amended by inserting after section 

24 1077 the following new section: 


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1 ‘‘§ 1077a. Treatment of autism under the TRICARE 

2 program 

3 ‘‘(a) IN GENERAL.—Except as provided in subsection 

4 (c), for purposes of providing health care services under this 

5 chapter, the treatment of developmental disabilities (42 

6 U.S.C. 15002(8)), including autism spectrum disorders, 

7 shall include behavioral health treatment, including applied 

8 behavior analysis, when prescribed by a physician. 

9 ‘‘(b) REQUIREMENTS IN PROVISION OF SERVICES.—In 

10 carrying out subsection (a), the Secretary of Defense shall 

11 ensure that— 

12 ‘‘(1) except as provided by paragraph (2), a per13 son who is authorized to provide behavioral health 

14 treatment is licensed or certified by a State or accred15 ited national certification board; and 

16 ‘‘(2) if applied behavior analysis or other behav17 ioral health treatment is provided by an employee or 

18 contractor of a person described in paragraph (1), the 

19 employee or contractor shall meet minimum quali20 fications, training, and supervision requirements as 

21 set forth by the Secretary who shall ensure that cov22 ered beneficiaries have appropriate access to care in 

23 accordance with best practice guidelines. 

24 ‘‘(c) EXCLUSIONS.—Subsection (a) shall not apply to 

25 the following: 


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1 ‘‘(1) Covered beneficiaries under this chapter 

2 who are entitled to hospital insurance benefits under 

3 part A of title XVIII of the Social Security Act. 

4 ‘‘(2) Covered beneficiaries under this chapter 

5 who are former members, dependents of former mem6 bers, or survivors of any uniformed service not under 

7 the jurisdiction of the Department of Defense. 

8 ‘‘(d) CONSTRUCTION WITH OTHER BENEFITS.—(1) 

9 Nothing in this section shall be construed as limiting or 

10 otherwise affecting the benefits otherwise provided under 

11 this chapter to a covered beneficiary who is a beneficiary 

12 by virtue of— 

13 ‘‘(A) service in the Coast Guard, the Commis14 sioned Corp of the National Oceanic and Atmospheric 

15 Administration, or the Commissioned Corp of the 

16 Public Health Service; or 

17 ‘‘(B) being a dependent of a member of a service 

18 described in subparagraph (A). 

19 ‘‘(2) Nothing in this section shall be construed as lim20 iting or otherwise affecting the benefits provided to a medi21 care-eligible beneficiary under— 

22 ‘‘(A) this chapter; 

23 ‘‘(B) part A of title XVIII of the Social Security 

24 Act (42 U.S.C. 1395c et seq.); or 

25 ‘‘(C) any other law.’’. 


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1 (2) CLERICAL AMENDMENT.—The table of sec2 tions at the beginning of chapter 55 of such title is 

3 amended by inserting after the item relating to sec4 tion 1077 the following new item: 

‘‘1077a. Treatment of autism under the TRICARE program.’’. 

5 (b) FUNDING.— 

6 (1) INCREASE.—The amount authorized to be 

7 appropriated for fiscal year 2013 by section 1406 and 

8 available for the Defense Health Program for Private 

9 Sector Care as specified in the funding table in sec10 tion 4501 is hereby increased by $45,000,000, with 

11 the amount of the increase to be available for the pro12 vision of care in accordance with section 1077a of 

13 title 10, United States Code (as added by subsection 

14 (a)). 

15 (2) OFFSET.—The amount authorized to be ap16 propriated for fiscal year 2013 by section 301 for Op17 eration and Maintenance and available as specified 

18 in the funding table in section 4301 is hereby reduced 

19 by $45,000,000. 

20 SEC. 706. SENSE OF CONGRESS ON HEALTH CARE FOR RE21 TIRED MEMBERS OF THE UNIFORMED SERV22 ICES. 

23 It is the sense of Congress that— 

24 (1) members of the uniformed services and their 

25 families endure unique and extraordinary demands 


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1 and make extraordinary sacrifices over the course of 

2 20 to 30 years of service in protecting freedom for all 

3 Americans, as do those who have been medically re4 tired due to the hardships of military service; and 

5 (2) access to quality health care services is an 

6 earned benefit during retirement in acknowledgment 

7 of their contributions of service and sacrifice. 

8 Subtitle B—Other Health Care 

9 Benefits 

10 SEC. 711. USE OF DEPARTMENT OF DEFENSE FUNDS FOR 

11 ABORTIONS IN CASES OF RAPE AND INCEST. 

12 Section 1093(a) of title 10, United States Code, is 

13 amended by inserting before the period at the end the fol14 lowing: ‘‘or in a case in which the pregnancy is the result 

15 of an act of rape or incest’’. 

16 SEC. 712. AVAILABILITY OF CERTAIN FERTILITY PRESERVA17 TION TREATMENTS FOR MEMBERS OF THE 

18 ARMED FORCES ON ACTIVE DUTY. 

19 (a) IN GENERAL.—Subsection (a) of section 1074d of 

20 title 10, United States Code, is amended by adding at the 

21 end the following new paragraph: 

22 ‘‘(3)(A) Members of the armed forces entitled to med23 ical care under section 1074(a) of this title who have been 

24 diagnosed with a condition for which the recommended 

25 course of treatment is recognized by a licensed physician 


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1 and surgeon or other appropriate medical practitioner as 

2 a cause of iatrogenic infertility shall also be entitled to fer3 tility preservation treatment as a part of such medical care. 

4 ‘‘(B) If the fertility preservation treatment to which 

5 a member is entitled under this paragraph is not available 

6 through a facility of the uniformed services accessible to the 

7 member, such treatment shall be provided to the member 

8 through another appropriate mechanism under this chapter, 

9 including through the TRICARE program.’’. 

10 (b) DEFINITIONS RELATING TO FERTILITY PRESERVA11 TION TREATMENT.—Such section is further amended— 

12 (1) in subsection (b), by striking the subsection 

13 heading and inserting ‘‘DEFINITION RELATING TO

14 PRIMARY AND PREVENTIVE HEALTH CARE SERVICES

15 FOR WOMEN’’; and 

16 (2) by adding at the end the following new sub17 section: 

18 ‘‘(c) DEFINITIONS RELATING TO FERTILITY PRESER19 VATION TREATMENT.—In this section: 

20 ‘‘(1) The term ‘fertility preservation treatment’ 

21 includes— 

22 ‘‘(A) procedures consistent with established 

23 medical practices in the prevention or treatment 

24 of iatrogenic infertility by licensed physicians 

25 and surgeons or other appropriate medical pracVerDate Mar 15 2010 01:32 Dec 07, 2012 Jkt 029200 PO 00000 Frm 00265 Fmt 6652 Sfmt 6203 E:\SENENR\H4310.PP H4310

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1 titioners, including diagnosis, diagnostic tests, 

2 medication, or surgery; and 

3 ‘‘(B) any other procedure identified by the 

4 Secretary of Defense that is intended to promote 

5 the future fertility of an individual who has been 

6 diagnosed with a condition for which the rec7 ommended course of treatment is recognized by a 

8 licensed physician and surgeon or other appro9 priate medical practitioner as a cause of iatro10 genic infertility. 

11 ‘‘(2) The term ‘iatrogenic infertility’ means the 

12 current or future diminished ability, or the inability 

13 of an individual to conceive or contribute to concep14 tion as a consequence of medical treatment.’’. 

15 SEC. 713. MODIFICATION OF REQUIREMENTS ON MENTAL 

16 HEALTH ASSESSMENTS FOR MEMBERS OF 

17 THE ARMED FORCES DEPLOYED IN CONNEC18 TION WITH A CONTINGENCY OPERATION. 

19 (a) TIMING OF MENTAL HEALTH ASSESSMENTS.— 

20 Paragraph (1)(C)(i) of section 1074m(a) of title 10, United 

21 States Code, is amended by striking ‘‘one year’’ and insert22 ing ‘‘18 months’’. 

23 (b) EXCLUSION OF CERTAIN MEMBERS.—Paragraph 

24 (2) of such section is amended— 


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1 (1) by striking ‘‘subparagraph (B) and (C) of’’; 

2 and 

3 (2) by striking ‘‘determines that—’’ and all that 

4 follows and inserting ‘‘determines— 

5 ‘‘(A) in the case of an assessment otherwise re6 quired under subparagraph (A) of that paragraph, 

7 that the member will not be subjected or exposed to 

8 operational risk factors during deployment in the 

9 contingency operation concerned; 

10 ‘‘(B) in the case of an assessment otherwise re11 quired under subparagraph (B) or (C) of that para12 graph, that the member was not subjected or exposed 

13 to operational risk factors during deployment in the 

14 contingency operation concerned; or 

15 ‘‘(C) in the case of any assessment otherwise re16 quired under that paragraph, that providing such as17 sessment to the member during the otherwise applica18 ble time period under such paragraph would remove 

19 the member from forward deployment or would put 

20 members or operational objectives at risk.’’. 


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1 Subtitle C—Health Care 

2 Administration 

3 SEC. 721. CLARIFICATION OF APPLICABILITY OF CERTAIN 

4 AUTHORITY AND REQUIREMENTS TO SUB5 CONTRACTORS EMPLOYED TO PROVIDE 

6 HEALTH CARE SERVICES TO THE DEPART7 MENT OF DEFENSE. 

8 (a) APPLICABILITY OF FEDERAL TORT CLAIMS ACT TO

9 SUBCONTRACTORS.—Section 1089(a) of title 10, United 

10 States Code, is amended in the last sentence— 

11 (1) by striking ‘‘if the physician, dentist, nurse, 

12 pharmacist, or paramedical’’ and inserting ‘‘to such 

13 a physician, dentist, nurse, pharmacist, or para14 medical’’; 

15 (2) by striking ‘‘involved is’’; and 

16 (3) by inserting before the period at the end the 

17 following: ‘‘or a subcontract at any tier under such 

18 a contract that is authorized in accordance with the 

19 requirements of such section 1091’’. 

20 (b) APPLICABILITY OF PERSONAL SERVICES CON21 TRACTING AUTHORITY TO SUBCONTRACTORS.—Section 

22 1091(c) of such title is amended by adding at the end the 

23 following new paragraph: 

24 ‘‘(3) The procedures established under paragraph (1) 

25 may provide for a contracting officer to authorize a conVerDate Mar 15 2010 01:32 Dec 07, 2012 Jkt 029200 PO 00000 Frm 00268 Fmt 6652 Sfmt 6203 E:\SENENR\H4310.PP H4310

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1 tractor to enter into a subcontract for personal services on 

2 behalf of the agency upon a determination that the sub3 contract is— 

4 ‘‘(A) consistent with the requirements of this sec5 tion and the procedures established under paragraph 

6 (1); and 

7 ‘‘(B) in the best interests of the agency.’’. 

8 SEC. 722. RESEARCH PROGRAM TO ENHANCE DEPARTMENT 

9 OF DEFENSE EFFORTS ON MENTAL HEALTH 

10 IN THE NATIONAL GUARD AND RESERVES 

11 THROUGH COMMUNITY PARTNERSHIPS. 

12 (a) RESEARCH PROGRAM AUTHORIZED.—The Sec13 retary of Defense may carry out a research program to as14 sess the feasibility and advisability of enhancing the efforts 

15 of the Department of Defense in research, treatment, edu16 cation, and outreach on mental health and substance use 

17 disorders and Traumatic Brain Injury (TBI) in members 

18 of the National Guard and Reserves, their family members, 

19 and their caregivers. 

20 (b) AGREEMENTS WITH COMMUNITY PARTNERS.—In 

21 carrying out the research program authorized by subsection 

22 (a), the Secretary may enter into partnership agreements 

23 with community partners described in subsection (c) using 

24 a competitive and merit-based award process. 


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1 (c) COMMUNITY PARTNERS DESCRIBED.—A commu2 nity partner described in this subsection is a private non3 profit organization or institution (or multiple organiza4 tions and institutions) that— 

5 (1) engages in the research activities described in 

6 subsection (d); and 

7 (2) meets such qualifications for treatment as a 

8 community partner as the Secretary shall establish 

9 for purposes of the research program. 

10 (d) ACTIVITIES.—Partnerships entered into under the 

11 research program shall be used to engage in research on the 

12 causes, development, and innovative treatment of mental 

13 health and substance use disorders and Traumatic Brain 

14 Injury in members of the National Guard and Reserves, 

15 their family members, and their caregivers. 

16 (e) REPORT.—Not later than five years after the com17 mencement of the research program, the Secretary shall sub18 mit to the Committees on Armed Services of the Senate and 

19 the House of Representatives a report on the research pro20 gram, including a description of the research program, the 

21 community partners participating in the research program, 

22 the activities carried out, the number of members of the Na23 tional Guard and Reserves, family members, and caregivers 

24 supported by community partners, and a description and 


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1 assessment of the effectiveness and achievements of the re2 search program. 

3 Subtitle D—Reports and Other 

4 Matters 

5 SEC. 731. REPORTS ON PERFORMANCE DATA ON WARRIORS 

6 IN TRANSITION PROGRAMS. 

7 (a) REPORTS.—Not later than 180 days after the date 

8 of the enactment of this Act, and every 180 days thereafter, 

9 each Secretary of a military department shall submit to 

10 Congress a report on data on the performance of the mili11 tary department in addressing the care, management and 

12 transition needs of members of the Armed Forces under the 

13 jurisdiction of such Secretary who participate in a War14 riors in Transition program under the jurisdiction of such 

15 Secretary with respect to the following: 

16 (1) Physical health. 

17 (2) Mental and behavioral health. 

18 (3) Educational and vocational aptitude and ca19 pabilities. 

20 (4) Such other matters as such Secretary con21 siders appropriate. 

22 (b) COMMON METHODOLOGY.—The Secretaries shall 

23 report not fewer than five outcome measures for each of the 

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1 ology developed by the Secretaries and approved by the Sec2 retary of Defense for purposes of this section. 

3 (c) LONGITUDINAL DATA.—The occasions for collecting 

4 data on a member participating in a Warriors in Transi5 tion program for purposes of reports under subsection (a) 

6 shall be as follows: 

7 (1) When the member commences participation 

8 in the program. 

9 (2) At least once each year the member partici10 pates in the program. 

11 (3) When the member ceases participation in the 

12 program (whether for return to military duty or to 

13 civilian life). 

14 (4) With the consent of the member, one year 

15 after the member ceases participation in the program 

16 as described in paragraph (3). 

17 (d) ELEMENTS.—Each report under subsection (a) 

18 shall include an assessment by the Secretary of the military 

19 department concerned of the following with respect to the 

20 Warriors in Transition programs covered by such report: 

21 (1) The progress of members participating in the 

22 Warriors in Transition programs in the areas speci23 fied in subsection (a). 


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1 (2) The efficacy of the Warriors in Transition 

2 programs in facilitating the transition of members to 

3 military duty or civilian life, as applicable. 

4 (3) The differences in outcomes in the Warriors 

5 in Transition programs, by location, type, Armed 

6 Force, component, and types of wounds, injuries, or 

7 conditions of program participants. 

8 (4) The percentage of members participating in 

9 the Warriors in Transition programs who receive care 

10 under such programs from assigned providers, includ11 ing medical care case managers, non-medical service 

12 providers (including non-medical case managers, legal 

13 support personnel, and, as applicable, Physical Eval14 uation Board Liaison Officers), mental health care 

15 providers, and medical evaluation (MEB) physicians 

16 whose caseload exceeds the caseload ratio that has 

17 been designated as adequate by the Secretary of De18 fense. 

19 (5) The percentage of members participating in 

20 the Warriors in Transition programs for whom the 

21 intervals between various phases in the transition 

22 process exceeds the average length of such intervals, 

23 including intervals relating to appointment times for 

24 specialists and for treatment for Post-Traumatic 

25 Stress Disorder (PTSD). 


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1 (6) Such other measurements of outcomes or 

2 progress of members through the Warriors in Transi3 tion programs as such Secretary considers appro4 priate. 

5 (e) PERSONALLY IDENTIFIABLE INFORMATION.—Data 

6 collected under this section shall be treated in compliance 

7 with the provisions of section 552a of title 5, United States 

8 Code (commonly referred to as the ‘‘Privacy Act’’). 

9 (f) SUNSET.—No report is required under this section 

10 after September 30, 2017. 

11 (g) WARRIORS IN TRANSITION PROGRAM DEFINED.— 

12 In this section, the term ‘‘Warriors in Transition program’’ 

13 means any major support program of the Armed Forces for 

14 members of the Armed Forces with severe wounds, illnesses, 

15 or injuries that is intended to provide such members with 

16 non-medical case management service and care coordina17 tion services, and includes the programs as follows: 

18 (1) Warrior Transition Units and the Wounded 

19 Warrior Program of the Army. 

20 (2) The Safe Harbor program of the Navy. 

21 (3) The Wounded Warrior Regiment of the Ma22 rine Corps. 

23 (4) The Recovery Care Program and the Wound24 ed Warrior programs of the Air Force. 


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1 (5) The Care Coalition of the United States Spe2 cial Operations Command. 

3 SEC. 732. REPORT ON DEPARTMENT OF DEFENSE SUPPORT 

4 OF MEMBERS OF THE ARMED FORCES WHO 

5 EXPERIENCE TRAUMATIC INJURY AS A RE6 SULT OF VACCINATIONS REQUIRED BY THE 

7 DEPARTMENT. 

8 (a) REPORT.—Not later than 180 days after the date 

9 of the enactment of this Act, the Secretary of Defense shall, 

10 in consultation with the Secretaries of the military depart11 ments, submit to the Committees on Armed Services of the 

12 Senate and the House of Representatives a report setting 

13 forth the results of a comprehensive review (conducted for 

14 purposes of the report) of the adequacy and effectiveness of 

15 the policies, procedures, and systems of the Department of 

16 Defense in providing support to members of the Armed 

17 Forces who experience traumatic injury as a result of a vac18 cination required by the Department. 

19 (b) ELEMENTS.—The report required by subsection (a) 

20 shall include the following: 

21 (1) The number and nature of traumatic injuries 

22 incurred by members of the Armed Forces as a result 

23 of a vaccination required by the Department of De24 fense each year since January 1, 2001, set forth by 


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1 aggregate in each year and by military department 

2 in each year. 

3 (2) Such recommendations as the Secretary of 

4 Defense considers appropriate for improvements to the 

5 policies, procedures, and systems (including tracking 

6 systems) of the Department to identify members of the 

7 Armed Forces who experience traumatic injury as a 

8 result of a vaccination required by the Department. 

9 (3) Such recommendations as the Secretary of 

10 Defense considers appropriate for improvements to the 

11 policies, procedures, and systems of the Department to 

12 support members of the Armed Forces who experience 

13 traumatic injury as a result of a vaccination required 

14 by the Department. 

15 SEC. 733. PLAN TO ELIMINATE GAPS AND REDUNDANCIES 

16 IN PROGRAMS OF THE DEPARTMENT OF DE17 FENSE ON PSYCHOLOGICAL HEALTH AND 

18 TRAUMATIC BRAIN INJURY AMONG MEMBERS 

19 OF THE ARMED FORCES. 

20 (a) PLAN REQUIRED.— 

21 (1) IN GENERAL.—Not later than 180 days after 

22 the date of the enactment of this Act, the Secretary of 

23 Defense shall submit to the Committees on Armed 

24 Services of the Senate and the House of Representa25 tives a plan to streamline the programs of the DepartVerDate Mar 15 2010 01:32 Dec 07, 2012 Jkt 029200 PO 00000 Frm 00276 Fmt 6652 Sfmt 6203 E:\SENENR\H4310.PP H4310

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1 ment of Defense that address psychological health and 

2 traumatic brain injury among members of the Armed 

3 Forces. 

4 (2) ELEMENTS.—The report required by para5 graph (1) shall include the following: 

6 (A) A complete list of the programs de7 scribed in paragraph (1), including a detailed 

8 description of the intended function of each such 

9 program. 

10 (B) An identification of any gaps in serv11 ices and treatments in the programs listed under 

12 subparagraph (A) 

13 (C) An identification of any redundancies 

14 in the programs listed under subparagraph (A). 

15 (D) A plan for mitigating the gaps identi16 fied under subparagraph (B) and for elimi17 nating the redundancies identified under sub18 paragraph (C). 

19 (E) An identification of the individual in 

20 the Department who will be responsible for lead21 ing implementation of the plan required by 

22 paragraph (1). 

23 (F) A schedule for the implementation of the 

24 plan. 


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1 (b) STATUS REPORT.—Not later than one year after 

2 the date of the enactment of this Act, the Secretary shall 

3 submit to the Committees on Armed Services of the Senate 

4 and the House of Representatives a report on the status of 

5 the implementation of the plan required by subsection (a). 

6 SEC. 734. REPORT ON IMPLEMENTATION OF RECOMMENDA7 TIONS OF THE COMPTROLLER GENERAL OF 

8 THE UNITED STATES ON PREVENTION OF 

9 HEARING LOSS AMONG MEMBERS OF THE 

10 ARMED FORCES. 

11 Not later than 180 days after the date of the enactment 

12 of this Act, the Secretary of Defense shall submit to the 

13 Committees on Armed Services of the Senate and the House 

14 of Representatives a report on the implementation of the 

15 recommendations of the Comptroller General of the United 

16 States in the January 2011 report of the Comptroller Gen17 eral entitled ‘‘Hearing Loss Prevention: Improvements to 

18 DOD Hearing Conservation Programs Could Lead to Better 

19 Outcomes’’ that address prevention of hearing loss, abate20 ment of hearing loss, data collection regarding hearing loss, 

21 and the need for a new interagency data sharing system 

22 so that sufficient information is available to address and 

23 track hearing injuries and loss. 


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1 SEC. 735. SENSE OF SENATE ON MENTAL HEALTH COUN2 SELORS FOR MEMBERS OF THE ARMED 

3 FORCES, VETERANS, AND THEIR FAMILIES. 

4 It is the sense of the Senate that— 

5 (1) the Secretary of Defense and the Secretary of 

6 Veterans Affairs should develop a plan to ensure a 

7 sustainable flow of qualified counselors to meet the 

8 long-term needs of members of the Armed Forces, vet9 erans, and their families for counselors; and 

10 (2) the plan should include the participation of 

11 accredited schools and universities, health care pro12 viders, professional counselors, family service or sup13 port centers, chaplains, and other appropriate re14 sources of the Department of Defense and the Depart15 ment of Veterans Affairs. 

16 SEC. 736. PRESCRIPTION DRUG TAKE-BACK PROGRAM FOR 

17 MEMBERS OF THE ARMED FORCES AND 

18 THEIR DEPENDENTS. 

19 (a) PROGRAM REQUIRED.—The Secretary of Defense 

20 and the Attorney General shall jointly carry out a program 

21 (commonly referred to as a ‘‘prescription drug take-back 

22 program’’) under which members of the Armed Forces and 

23 dependents of members of the Armed Forces may deliver 

24 controlled substances to such facilities as may be jointly de25 termined by the Secretary of Defense and the Attorney GenVerDate Mar 15 2010 01:32 Dec 07, 2012 Jkt 029200 PO 00000 Frm 00279 Fmt 6652 Sfmt 6203 E:\SENENR\H4310.PP H4310

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1 eral to be disposed of in accordance with section 302(g) of 

2 the Controlled Substances Act (21 U.S.C. 822(g)). 

3 (b) PROGRAM ELEMENTS.—The program required by 

4 subsection (a) shall provide for the following: 

5 (1) The delivery of controlled substances under 

6 the program to such members of the Armed Forces, 

7 medical professionals, and other employees of the De8 partment of Defense, and to such other acceptance 

9 mechanisms, as the Secretary and the Attorney Gen10 eral jointly specify for purposes of the program. 

11 (2) Appropriate guidelines and procedures to 

12 prevent the diversion, misuse, theft, or loss of con13 trolled substances delivered under the program. 

14 Subtitle E—Mental Health Care 

15 Matters 

16 SEC. 751. ENHANCEMENT OF OVERSIGHT AND MANAGE17 MENT OF DEPARTMENT OF DEFENSE SUICIDE 

18 PREVENTION AND RESILIENCE PROGRAMS. 

19 (a) IN GENERAL.—The Secretary of Defense shall, act20 ing through the Under Secretary of Defense for Personnel 

21 and Readiness, establish within the Office of the Secretary 

22 of Defense a position with responsibility for oversight and 

23 management of all suicide prevention and resilience pro24 grams and all preventative behavioral health programs of 


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1 the Department of Defense (including those of the military 

2 departments and the Armed Forces). 

3 (b) SCOPE OF RESPONSIBILITIES.—The individual 

4 serving in the position established pursuant to subsection 

5 (a) shall have the responsibilities as follows: 

6 (1) To establish a uniform definition of resil7 iency for use in the suicide prevention and resilience 

8 programs and preventative behavioral health pro9 grams of the Department of Defense (including those 

10 of the military departments and the Armed Forces). 

11 (2) In consultation with the National Center for 

12 Post Traumatic Stress Disorder of the Department of 

13 Veterans Affairs and other appropriate public and 

14 private agencies and entities, to require the use of 

15 clinical best practices in mental health care, suicide 

16 prevention programs, and resilience programs of the 

17 Department of Defense, including the diagnosis and 

18 treatment of behavioral health disorders. 

19 (3) To oversee and manage the comprehensive 

20 program on the prevention of suicide among members 

21 of the Armed Forces required by section 752. 


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1 SEC. 752. COMPREHENSIVE PROGRAM ON PREVENTION OF 

2 SUICIDE AMONG MEMBERS OF THE ARMED 

3 FORCES. 

4 (a) COMPREHENSIVE PROGRAM REQUIRED.—The Sec5 retary of Defense shall, acting through the Under Secretary 

6 of Defense for Personnel and Readiness, develop and imple7 ment within the Department of Defense a comprehensive 

8 program on the prevention of suicide among members of 

9 the Armed Forces. In developing the program, the Secretary 

10 shall consider recommendations from the operational ele11 ments of the Armed Forces regarding the feasibility of the 

12 implementation and execution of particular elements of the 

13 program. 

14 (b) ELEMENTS.—The comprehensive program required 

15 by subsection (a) shall include elements to achieve the fol16 lowing: 

17 (1) To raise awareness among members of the 

18 Armed Forces about mental health conditions and the 

19 stigma associated with mental health conditions and 

20 mental health care. 

21 (2) To provide members of the Armed Forces 

22 generally, members of the Armed Forces in super23 visory positions (including officers in command bil24 lets and non-commissioned officers), and medical per25 sonnel of the Armed Forces and the Department of 

26 Defense with effective means of identifying members 


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1 of the Armed Forces who are at risk for suicide (in2 cluding enhanced means for early identification and 

3 treatment of such members). 

4 (3) To provide members of the Armed Forces who 

5 are at risk of suicide with continuous access to suicide 

6 prevention services, including suicide crisis services. 

7 (4) To evaluate and assess the effectiveness of the 

8 suicide prevention and resilience programs and pre9 ventative behavioral health programs of the Depart10 ment of Defense (including those of the military de11 partments and the Armed Forces), including the de12 velopment of metrics for that purpose. 

13 (5) To evaluate and assess the current diagnostic 

14 tools and treatment methods in the programs referred 

15 to in paragraph (4) in order to ensure clinical best 

16 practices are used in such programs. 

17 (6) To ensure that the programs referred to in 

18 paragraph (4) incorporate evidenced-based practices 

19 when available. 

20 (7) To provide for the training of mental health 

21 care providers on evidence-based therapies in connec22 tion with suicide prevention. 

23 (8) To establish training standards for behav24 ioral health care providers in order to ensure that 

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1 tices and evidence-based treatments as information on 

2 such practices and treatments becomes available, and 

3 to ensure such standards are met. 

4 (9) To provide for the integration of mental 

5 health screenings and suicide risk and prevention for 

6 members of the Armed Forces into the delivery of pri7 mary care for such members. 

8 (10) To ensure appropriate responses to at9 tempted or completed suicides among members of the 

10 Armed Forces, including guidance and training to as11 sist commanders in addressing incidents of attempted 

12 or completed suicide within their units. 

13 (11) To ensure the protection of the privacy of 

14 members of the Armed Forces seeking or receiving 

15 treatment relating to suicide. 

16 (12) Such other matters as the Secretary of De17 fense considers appropriate in connection with the 

18 prevention of suicide among members of the Armed 

19 Forces. 

20 (c) CONSULTATION.—In developing and implementing 

21 the comprehensive program required by subsection (a), the 

22 Under Secretary shall consult with appropriate officials 

23 and elements of the Department of Defense, appropriate 

24 centers of excellence within the Department of Defense, and 


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1 other public and private entities with expertise in mental 

2 health and suicide prevention. 

3 (d) IMPLEMENTATION BY THE ARMED FORCES.—In 

4 implementing the comprehensive program required by sub5 section (a) with respect to an Armed Force, the Secretary 

6 of the military department concerned may, in consultation 

7 with the Under Secretary and with the approval of the Sec8 retary of Defense, modify particular elements of the pro9 gram in order to adapt the program appropriately to the 

10 unique culture and elements of that Armed Force. 

11 (e) QUALITY ASSURANCE.—In developing and imple12 menting the comprehensive program required by subsection 

13 (a), the Under Secretary shall develop and implement ap14 propriate mechanisms to provide for the oversight and man15 agement of the program, including quality measures to as16 sess the efficacy of the program in preventing suicide among 

17 members of the Armed Forces. 

18 SEC. 753. QUALITY REVIEW OF MEDICAL EVALUATION 

19 BOARDS, PHYSICAL EVALUATION BOARDS, 

20 AND PHYSICAL EVALUATION BOARD LIAISON 

21 OFFICERS. 

22 (a) IN GENERAL.—The Secretary of Defense shall 

23 standardize, assess, and monitor the quality assurance pro24 grams of the military departments to evaluate the following 


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1 in the performance of their duties (including duties under 

2 chapter 61 of title 10, United States Code): 

3 (1) Medical Evaluation Boards (MEBs). 

4 (2) Physical Evaluation Boards (PEBs). 

5 (3) Physical Evaluation Board Liaison Officers 

6 (PEBLOs). 

7 (b) OBJECTIVES.—The objectives of the quality assur8 ance program shall be as follows: 

9 (1) To ensure accuracy and consistency in the 

10 determinations and decisions of Medical Evaluation 

11 Boards and Physical Evaluation Boards. 

12 (2) To otherwise monitor and sustain proper 

13 performance of the duties of Medical Evaluation 

14 Boards and Physical Evaluation Boards, and of 

15 Physical Evaluation Board Liaison Officers. 

16 (3) Such other objectives as the Secretary shall 

17 specify for purposes of the quality assurance program. 

18 (c) REPORTS.— 

19 (1) REPORT ON IMPLEMENTATION.—Not later 

20 than 180 days after the date of the enactment of this 

21 Act, the Secretary shall submit to the appropriate 

22 committees of Congress a report setting forth the plan 

23 of the Secretary for the implementation of the require24 ments of this section. 


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1 (2) ANNUAL REPORTS.—Not later than one year 

2 after the date of the submittal of the report required 

3 by paragraph (1), and annually thereafter for the 

4 next four years, the Secretary shall submit to the ap5 propriate committees of Congress a report setting 

6 forth an assessment of the implementation of the re7 quirements of this section during the one-year period 

8 ending on the date of the report under this para9 graph. Each report shall include, in particular, an 

10 assessment of the extent to which the quality assur11 ance program under the requirements of this section 

12 meets the objectives specified in subsection (b). 

13 (3) APPROPRIATE COMMITTEES OF CONGRESS

14 DEFINED.—In this subsection, the term ‘‘appropriate 

15 committees of Congress’’ means— 

16 (A) the Committee on Armed Services and 

17 the Committee on Veterans’ Affairs of the Senate; 

18 and 

19 (B) the Committee on Armed Services and 

20 the Committee on Veterans’ Affairs of the House 

21 of Representatives. 


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1 SEC. 754. ASSESSMENT OF ADEQUACY OF MENTAL HEALTH 

2 CARE BENEFITS UNDER THE TRICARE PRO3 GRAM. 

4 (a) INDEPENDENT ASSESSMENT REQUIRED.—Not 

5 later than 180 days after the date of the enactment of this 

6 Act, the Secretary of Defense shall, in consultation with the 

7 Secretary of Health and Human Services, enter into a con8 tract with an appropriate independent entity to assess 

9 whether the mental health care benefits available for mem10 bers of the Armed Forces and other covered beneficiaries 

11 under the TRICARE program are adequate to meet the 

12 needs of such members and beneficiaries for mental health 

13 care. 

14 (b) REPORT.—The contract required by subsection (a) 

15 shall require the entity conducting the assessment required 

16 by the contract to submit to the Secretary of Defense, and 

17 to the congressional defense committees, a report setting 

18 forth the results of the assessment by not later than 180 

19 days after the date of entry into the contract. If the entity 

20 determines pursuant to the assessment that the mental 

21 health care benefits available for members of the Armed 

22 Forces and other covered beneficiaries under the TRICARE 

23 program are not adequate to meet the needs of such members 

24 and beneficiaries for mental health care, the report shall 

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1 tive action as the entity considers appropriate to remediate 

2 any identified inadequacy. 

3 (c) DEFINITIONS.—In this section: 

4 (1) The term ‘‘covered beneficiaries’’ has the 

5 meaning given that term in section 1072(5) of title 

6 10, United States Code. 

7 (2) The term ‘‘TRICARE program’’ has the 

8 meaning given that term in section 1072(7) of title 

9 10, United States Code. 

10 SEC. 755. SHARING BETWEEN DEPARTMENT OF DEFENSE 

11 AND DEPARTMENT OF VETERANS AFFAIRS OF 

12 RECORDS AND INFORMATION RETAINED 

13 UNDER THE MEDICAL TRACKING SYSTEM FOR 

14 MEMBERS OF THE ARMED FORCES DEPLOYED 

15 OVERSEAS. 

16 (a) IN GENERAL.—The Secretary of Defense and the 

17 Secretary of Veterans Affairs shall jointly enter into a 

18 memorandum of understanding providing for the sharing 

19 by the Department of Defense with the Department of Vet20 erans Affairs of the results of examinations and other 

21 records on members of the Armed Forces that are retained 

22 and maintained with respect to the medical tracking system 

23 for members deployed overseas under section 1074f(c) of title 

24 10, United States Code. 


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1 (b) CESSATION UPON IMPLEMENTATION OF ELEC2 TRONIC HEALTH RECORD.—The sharing required pursuant 

3 to subsection (a) shall cease on the date on which the Sec4 retary of Defense and the Secretary of Veterans Affairs 

5 jointly certify to Congress that the Secretaries have fully 

6 implemented an integrated electronic health record for 

7 members of the Armed Forces that is fully interoperable be8 tween the Department of Defense and the Department of 

9 Veterans Affairs. 

10 SEC. 756. PARTICIPATION OF MEMBERS OF THE ARMED 

11 FORCES IN PEER SUPPORT COUNSELING 

12 PROGRAMS OF THE DEPARTMENT OF VET13 ERANS AFFAIRS. 

14 (a) PARTICIPATION.— 

15 (1) IN GENERAL.—The Secretary of Defense and 

16 the Secretary of Veterans Affairs shall jointly enter 

17 into a memorandum of understanding providing for 

18 members of the Armed Forces described in subsection 

19 (b) to volunteer or be considered for employment as 

20 peer counselors under the following: 

21 (A) The peer support counseling program 

22 carried out by the Secretary of Veterans Affairs 

23 under subsection (j) of section 1720F of title 38, 

24 United States Code, as part of the comprehensive 


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1 program for suicide prevention among veterans 

2 under subsection (a) of such section. 

3 (B) The peer support counseling program 

4 carried out by the Secretary of Veterans Affairs 

5 under section 304(a)(1) of the Caregivers and 

6 Veterans Omnibus Health Services Act of 2010 

7 (Public Law 111–163; 124 Stat. 1150; 38 U.S.C. 

8 1712A note). 

9 (2) TRAINING.—Any member participating in a 

10 peer support counseling program under paragraph 

11 (1) shall receive the training for peer counselors under 

12 section 1720F(j)(2) of title 38, United States Code, or 

13 section 304(c) of the Caregivers and Veterans Omni14 bus Health Services Act of 2010, as applicable, before 

15 performing peer support counseling duties under such 

16 program. 

17 (b) COVERED MEMBERS.—Members of the Armed 

18 Forces described in this subsection are the following: 

19 (1) Members of the reserve components of the 

20 Armed Forces who are demobilizing after deployment 

21 in a theater of combat operations, including, in par22 ticular, members who participated in combat against 

23 the enemy while so deployed. 

24 (2) Members of the regular components of the 

25 Armed Forces separating from active duty who have 


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1 been deployed in a theater of combat operations in 

2 which such members participated in combat against 

3 the enemy. 

4 SEC. 757. RESEARCH AND MEDICAL PRACTICE ON MENTAL 

5 HEALTH CONDITIONS. 

6 (a) DEPARTMENT OF DEFENSE ORGANIZATION ON RE7 SEARCH AND PRACTICE.—The Secretary of Defense shall es8 tablish within the Department of Defense an organization 

9 to carry out the responsibilities specified in subsection (b). 

10 (b) RESPONSIBILITIES.—The organization established 

11 under subsection (a) shall— 

12 (1) carry out programs and activities designed 

13 to provide for the translation of research on the diag14 nosis and treatment of mental health conditions into 

15 policy on medical practices; 

16 (2) make recommendations to the Assistant Sec17 retary of Defense for Health Affairs on the translation 

18 of such research into the policies of the Department 

19 of Defense on medical practices with respect to mem20 bers of the Armed Forces; and 

21 (3) discharge such other responsibilities relating 

22 to research and medical practices on mental health 

23 conditions, and the policies of the Department on 

24 such practices with respect to members of the Armed 


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1 Forces, as the Secretary or the Assistant Secretary 

2 shall specify for purposes of this section. 

3 (c) REPORTS.— 

4 (1) INITIAL REPORT.—Not later than 120 days 

5 after the date of the enactment of this Act, the Sec6 retary shall submit to Congress a report on the orga7 nization required by subsection (a). The report shall 

8 include a description of the organization and a plan 

9 for implementing the requirements of this section. 

10 (2) ANNUAL REPORTS.—The Secretary shall sub11 mit to Congress each year a report on the activities 

12 of the organization established under subsection (a) 

13 during the preceding year. Each report shall include 

14 the following: 

15 (A) A summary description of the activities 

16 of the organization during the preceding year. 

17 (B) A description of the recommendations 

18 made by the organization to the Assistant Sec19 retary under subsection (b)(2) during the year, 

20 and a description of the actions undertaken (or 

21 to be undertaken) by the Assistant Secretary in 

22 response to such recommendations. 

23 (C) Such other matters relating to the ac24 tivities of the organization, including rec25 ommendations for additional legislative or adVerDate Mar 15 2010 01:32 Dec 07, 2012 Jkt 029200 PO 00000 Frm 00293 Fmt 6652 Sfmt 6203 E:\SENENR\H4310.PP H4310

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1 ministrative action, as the Secretary, in con2 sultation with the Assistant Secretary, considers 

3 appropriate. 

4 SEC. 758. DISPOSAL OF CONTROLLED SUBSTANCES. 

5 (a) MEMBERS OF THE ARMED FORCES.—The Admin6 istrator of the Drug Enforcement Administration shall 

7 enter into a memorandum of understanding with the Sec8 retary of Defense establishing procedures under which a 

9 member of the Armed Forces may deliver a controlled sub10 stance to a member of the Armed Forces or an employee 

11 of the Department of Defense to be disposed of in accordance 

12 with section 302(g) of the Controlled Substances Act (21 

13 U.S.C. 822(g)). 

14 (b) VETERANS.— 

15 (1) IN GENERAL.—The Administrator shall enter 

16 into a memorandum of understanding with the Sec17 retary of Veterans Affairs establishing procedures 

18 under which a veteran may deliver a controlled sub19 stance to an employee of the Department of Veterans 

20 Affairs to be disposed of in accordance with section 

21 302(g) of the Controlled Substances Act. 

22 (2) VETERAN DEFINED.—In this subsection, the 

23 term ‘‘veteran’’ has the meaning given that term in 

24 section 101 of title 38, United States Code. 


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1 SEC. 759. TRANSPARENCY OF MENTAL HEALTH CARE SERV2 ICES. 

3 (a) MEASUREMENT OF MENTAL HEALTH CARE SERV4 ICES.— 

5 (1) IN GENERAL.—Not later than December 31, 

6 2013, the Secretary of Veterans Affairs shall develop 

7 and implement a comprehensive set of measures to as8 sess mental health care services furnished by the De9 partment of Veterans Affairs. 

10 (2) ELEMENTS.—The measures developed and 

11 implemented under paragraph (1) shall provide an 

12 accurate and comprehensive assessment of the fol13 lowing: 

14 (A) The timeliness of the furnishing of men15 tal health care by the Department. 

16 (B) The satisfaction of patients who receive 

17 mental health care services furnished by the De18 partment. 

19 (C) The capacity of the Department to fur20 nish mental health care. 

21 (D) The availability and furnishing of evi22 dence-based therapies by the Department. 

23 (b) GUIDELINES FOR STAFFING MENTAL HEALTH

24 CARE SERVICES.—Not later than December 31, 2013, the 

25 Secretary shall develop and implement guidelines for the 

26 staffing of general and specialty mental health care services, 


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1 including at community-based outpatient clinics. Such 

2 guidelines shall include productivity standards for pro3 viders of mental health care. 

4 (c) STUDY COMMITTEE.— 

5 (1) IN GENERAL.—The Secretary shall seek to 

6 enter into a contract with the National Academy of 

7 Sciences to create a study committee— 

8 (A) to consult with the Secretary on the 

9 Secretary’s development and implementation of 

10 the measures and guidelines required by sub11 sections (a) and (b); and 

12 (B) to conduct an assessment and provide 

13 an analysis and recommendations on the state of 

14 Department mental health services. 

15 (2) FUNCTIONS.—In entering into the contract 

16 described in paragraph (1), the Secretary shall, with 

17 respect to paragraph (1)(B), include in such contract 

18 a provision for the study committee— 

19 (A) to conduct a comprehensive assessment 

20 of barriers to access to mental health care by vet21 erans who served in the Armed Forces in Oper22 ation Enduring Freedom, Operation Iraqi Free23 dom, or Operation New Dawn; 

24 (B) to assess the quality of the mental 

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1 cluding the extent to which veterans are afforded 

2 choices with respect to modes of treatment) 

3 through site visits to facilities of the Veterans 

4 Health Administration (including at least one 

5 site visit in each Veterans Integrated Service 

6 Network), evaluating studies of patient outcomes, 

7 and other appropriate means; 

8 (C) to assess whether, and the extent to 

9 which, veterans who served in the Armed Forces 

10 in Operation Enduring Freedom, Operation 

11 Iraqi Freedom, or Operation New Dawn are 

12 being offered a full range of necessary mental 

13 health services at Department health care facili14 ties, including early intervention services for 

15 hazardous drinking, relationship problems, and 

16 other behaviors that create a risk for the develop17 ment of a chronic mental health condition; 

18 (D) to conduct surveys or have access to De19 partment-administered surveys of— 

20 (i) providers of Department mental 

21 health services; 

22 (ii) veterans who served in the Armed 

23 Forces in Operation Enduring Freedom, 

24 Operation Iraqi Freedom, or Operation 


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1 New Dawn who are receiving mental health 

2 care furnished by the Department; and 

3 (iii) eligible veterans who served in the 

4 Armed Forces in Operation Enduring Free5 dom, Operation Iraqi Freedom, or Oper6 ation New Dawn who are not using Depart7 ment health care services to assess those bar8 riers described in subparagraph (A); and 

9 (E) to provide to the Secretary, on the basis 

10 of its assessments as delineated in subparagraphs 

11 (A) through (C), specific, detailed recommenda12 tions— 

13 (i) for overcoming barriers, and im14 proving access, to timely, effective mental 

15 health care at Department health care fa16 cilities (or, where Department facilities can17 not provide such care, through contract ar18 rangements under existing law); and 

19 (ii) to improve the effectiveness and ef20 ficiency of mental health services furnished 

21 by the Secretary. 

22 (3) PARTICIPATION BY FORMER OFFICIALS AND

23 EMPLOYEES OF VETERANS HEALTH ADMINISTRA24 TION.—The Secretary shall ensure that any contract 

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1 sion on any subcommittee which participates in con2 ducting the assessments and formulating the rec3 ommendations provided for in paragraph (2) at least 

4 one former official of the Veterans Health Administra5 tion and at least two former employees of the Veterans 

6 Health Administration who were providers of mental 

7 health care. 

8 (4) PERIODIC REPORTS TO SECRETARY.—In en9 tering into the contract described in paragraph (1), 

10 the Secretary shall, with respect to paragraph (1)(A), 

11 include in such contract a provision for the submittal 

12 to the Secretary of periodic reports and provision of 

13 other consultation to the Secretary by the study com14 mittee to assist the Secretary in carrying out sub15 sections (a) and (b). 

16 (5) REPORTS TO CONGRESS.—Not later than 30 

17 days after receiving a report under paragraph (4), the 

18 Secretary shall submit to the Committee on Veterans’ 

19 Affairs of the Senate and the Committee on Veterans’ 

20 Affairs of the House of Representatives a report on 

21 the plans of the Secretary to implement such rec22 ommendations submitted to the Secretary by the 

23 study committee as the Secretary considers appro24 priate. Such report shall include a description of each 

25 recommendation submitted to the Secretary that the 


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1 Secretary does not plan to carry out and an expla2 nation of why the Secretary does not plan to carry 

3 out such recommendation. 

4 (d) PUBLICATION.— 

5 (1) IN GENERAL.—The Secretary shall make 

6 available to the public on an Internet website of the 

7 Department the following: 

8 (A) The measures and guidelines developed 

9 and implemented under this section. 

10 (B) An assessment of the performance of the 

11 Department using such measures and guidelines. 

12 (2) QUARTERLY UPDATES.—The Secretary shall 

13 update the measures, guidelines, and assessment made 

14 available to the public under paragraph (1) not less 

15 frequently than quarterly. 

16 (e) SEMIANNUAL REPORTS.— 

17 (1) IN GENERAL.—Not later than June 30, 2013, 

18 and not less frequently than twice each year there19 after, the Secretary shall submit to the Committee on 

20 Veterans’ Affairs of the Senate and the Committee on 

21 Veterans’ Affairs of the House of Representatives a re22 port on the Secretary’s progress in developing and 

23 implementing the measures and guidelines required 

24 by this section. 


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1 (2) ELEMENTS.—Each report submitted under 

2 paragraph (1) shall include the following: 

3 (A) A description of the development and 

4 implementation of the measures required by sub5 section (a) and the guidelines required by sub6 section (b). 

7 (B) A description of the progress made by 

8 the Secretary in developing and implementing 

9 such measures and guidelines. 

10 (C) An assessment of the mental health care 

11 services furnished by the Department of Veterans 

12 Affairs, using the measures developed and imple13 mented under subsection (a). 

14 (D) An assessment of the effectiveness of the 

15 guidelines developed and implemented under sub16 section (b). 

17 (E) Such recommendations for legislative or 

18 administrative action as the Secretary may have 

19 to improve the effectiveness and efficiency of the 

20 mental health care services furnished under laws 

21 administered by the Secretary. 

22 (f) IMPLEMENTATION REPORT.— 

23 (1) IN GENERAL.—Not later than 30 days before 

24 the date on which the Secretary begins implementing 

25 the measures and guidelines required by this section, 


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1 the Secretary shall submit to the committees described 

2 in subsection (e)(1) a report on the Secretary’s 

3 planned implementation of such measures and guide4 lines. 

5 (2) ELEMENTS.—The report required by para6 graph (1) shall include the following: 

7 (A) A detailed description of the measures 

8 and guidelines that the Secretary plans to imple9 ment under this section. 

10 (B) A description of the rationale for each 

11 measure and guideline the Secretary plans to 

12 implement under this section. 

13 (C) A discussion of each measure and guide14 line that the Secretary considered under this sec15 tion but chose not to implement. 

16 (D) The number of current vacancies in 

17 mental health care provider positions in the De18 partment. 

19 (E) An assessment of how many additional 

20 positions are needed to meet current or expected 

21 demand for mental health services furnished by 

22 the Department. 


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1 SEC. 760. EXPANSION OF VET CENTER PROGRAM TO IN2 CLUDE FURNISHING COUNSELING TO CER3 TAIN MEMBERS OF THE ARMED FORCES AND 

4 THEIR FAMILY MEMBERS. 

5 Section 1712A of title 38, United States Code, is 

6 amended— 

7 (1) in subsection (a)— 

8 (A) in paragraph (1)— 

9 (i) in subparagraph (A), by striking 

10 ‘‘Upon the request’’ and all that follows 

11 through the period at the end and inserting 

12 the following: ‘‘Upon the request of any in13 dividual referred to in subparagraph (C), 

14 the Secretary shall furnish counseling, in15 cluding by furnishing counseling through a 

16 Vet Center, to the individual— 

17 ‘‘(i) in the case of an individual referred to in 

18 clauses (i) through (iv) of subparagraph (C), to assist 

19 the individual in readjusting to civilian life; and 

20 ‘‘(ii) in the case of an individual referred to in 

21 clause (v) of such subparagraph who is a family 

22 member of a veteran or member described in such 

23 clause— 

24 ‘‘(I) in the case of a member who is de25 ployed in a theater of combat operations or an 

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1 curring in that area, during such deployment to 

2 assist such individual in coping with such de3 ployment; and 

4 ‘‘(II) in the case of a veteran or member 

5 who is readjusting to civilian life, to the degree 

6 that counseling furnished to such individual is 

7 found to aid in the readjustment of such veteran 

8 or member to civilian life.’’; and 

9 (ii) by striking subparagraph (B) and 

10 inserting the following new subparagraphs: 

11 ‘‘(B) Counseling furnished to an individual under sub12 paragraph (A) may include a comprehensive individual as13 sessment of the individual’s psychological, social, and other 

14 characteristics to ascertain whether— 

15 ‘‘(i) in the case of an individual referred to in 

16 clauses (i) through (iv) of subparagraph (C), such in17 dividual has difficulties associated with readjusting to 

18 civilian life; and 

19 ‘‘(ii) in the case of an individual referred to in 

20 clause (v) of such subparagraph, such individual has 

21 difficulties associated with— 

22 ‘‘(I) coping with the deployment of a mem23 ber described in subclause (I) of such clause; or 


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1 ‘‘(II) readjustment to civilian life of a vet2 eran or member described in subclause (II) of 

3 such clause. 

4 ‘‘(C) Subparagraph (A) applies to the following indi5 viduals: 

6 ‘‘(i) Any individual who is a veteran or member 

7 of the Armed Forces, including a member of a reserve 

8 component of the Armed Forces, who served on active 

9 duty in a theater of combat operations or an area at 

10 a time during which hostilities occurred in that area. 

11 ‘‘(ii) Any individual who is a veteran or member 

12 of the Armed Forces, including a member of a reserve 

13 component of the Armed Forces, who provided direct 

14 emergency medical or mental health care, or mor15 tuary services to the causalities of combat operations 

16 or hostilities, but who at the time was located outside 

17 the theater of combat operations or area of hostilities. 

18 ‘‘(iii) Any individual who is a veteran or mem19 ber of the Armed Forces, including a member of a re20 serve component of the Armed Forces, who engaged in 

21 combat with an enemy of the United States or 

22 against an opposing military force in a theater of 

23 combat operations or an area at a time during which 

24 hostilities occurred in that area by remotely control25 ling an unmanned aerial vehicle, notwithstanding 


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1 whether the physical location of such veteran or mem2 ber during such combat was within such theater of 

3 combat operations or area. 

4 ‘‘(iv) Any individual who received counseling 

5 under this section before the date of the enactment of 

6 the National Defense Authorization Act for Fiscal 

7 Year 2013. 

8 ‘‘(v) Any individual who is a family member of 

9 any— 

10 ‘‘(I) member of the Armed Forces, including 

11 a member of a reserve component of the Armed 

12 Forces, who is serving on active duty in a the13 ater of combat operations or in an area at a 

14 time during which hostilities are occurring in 

15 that area; or 

16 ‘‘(II) veteran or member of the Armed 

17 Forces described in this subparagraph.’’; 

18 (B) by striking paragraph (2); 

19 (C) by redesignating paragraph (3) as 

20 paragraph (2); and 

21 (D) in paragraph (2), as redesignated by 

22 subparagraph (C)— 

23 (i) by striking ‘‘a veteran described in 

24 paragraph (1)(B)(iii)’’ and inserting ‘‘an 


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1 individual described in paragraph (1)(C)’’; 

2 and 

3 (ii) by striking ‘‘the veteran a prelimi4 nary general mental health assessment’’ and 

5 inserting ‘‘the individual a comprehensive 

6 individual assessment as described in para7 graph (1)(B)’’; 

8 (2) in subsection (b)(1), by striking ‘‘physician 

9 or psychologist’’ each place it appears and inserting 

10 ‘‘licensed or certified mental health care provider’’; 

11 (3) in subsection (g)— 

12 (A) by amending paragraph (1) to read as 

13 follows: 

14 ‘‘(1) The term ‘Vet Center’ means a facility 

15 which is operated by the Department for the provision 

16 of services under this section and which is situated 

17 apart from Department general health care facili18 ties.’’; and 

19 (B) by adding at the end the following new 

20 paragraph: 

21 ‘‘(3) The term ‘family member’, with respect to 

22 a veteran or member of the Armed Forces, means an 

23 individual who— 

24 ‘‘(A) is a member of the family of the vet25 eran or member, including— 


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1 ‘‘(i) a parent; 

2 ‘‘(ii) a spouse; 

3 ‘‘(iii) a child; 

4 ‘‘(iv) a step-family member; and 

5 ‘‘(v) an extended family member; or 

6 ‘‘(B) lives with the veteran or member but 

7 is not a member of the family of the veteran or 

8 member.’’; and 

9 (4) by redesignating subsection (g), as amended 

10 by paragraph (3), as subsection (h) and inserting 

11 after subsection (f) the following new subsection (g): 

12 ‘‘(g) In carrying out this section and in furtherance 

13 of the Secretary’s responsibility to carry out outreach ac14 tivities under chapter 63 of this title, the Secretary may 

15 provide for and facilitate the participation of personnel em16 ployed by the Secretary to provide services under this sec17 tion in recreational programs that are— 

18 ‘‘(1) designed to encourage the readjustment of 

19 veterans described in subsection (a)(1)(C); and 

20 ‘‘(2) operated by any organization named in or 

21 approved under section 5902 of this title.’’. 


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1 SEC. 761. AUTHORITY FOR SECRETARY OF VETERANS AF2 FAIRS TO FURNISH MENTAL HEALTH CARE 

3 THROUGH FACILITIES OTHER THAN VET CEN4 TERS TO IMMEDIATE FAMILY MEMBERS OF 

5 MEMBERS OF THE ARMED FORCES DEPLOYED 

6 IN CONNECTION WITH A CONTINGENCY OP7 ERATION. 

8 (a) IN GENERAL.—Subject to the availability of appro9 priations and subsection (b), the Secretary of Veterans Af10 fairs, in addition to furnishing mental health care to family 

11 members of members of the Armed Forces through Vet Cen12 ters under section 1712A of title 38, United States Code, 

13 may furnish mental health care to immediate family mem14 bers of members of the Armed Forces while such members 

15 are deployed in connection with a contingency operation 

16 (as defined in section 101 of title 10, United States Code) 

17 through Department of Veterans Affairs medical facilities, 

18 telemental health modalities, and such community, non19 profit, private, and other third parties as the Secretary con20 siders appropriate. 

21 (b) LIMITATION.—The Secretary may furnish mental 

22 health care under subsection (a) only to the extent that re23 sources and facilities are available and only to the extent 

24 that the furnishing of such care does not interfere with the 

25 provision of care to veterans. 


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1 (c) NO ELIGIBILITY FOR TRAVEL REIMBURSEMENT.— 

2 A family member to whom the Secretary furnishes mental 

3 health care under subsection (a) shall not be eligible for 

4 payments or allowances under section 111 of title 38, 

5 United States Code, for such mental health care. 

6 (d) SUNSET.—The authority to furnish medical health 

7 care under subsection (a) shall expire on the date that is 

8 three years after the date of the enactment of this Act. 

9 (e) VET CENTER DEFINED.—In this section, the term 

10 ‘‘Vet Center’’ has the meaning given the term in section 

11 1712A(g) of title 38, United States Code, as amended by 

12 section 760(3) of this Act. 

13 SEC. 762. ORGANIZATION OF THE READJUSTMENT COUN14 SELING SERVICE IN DEPARTMENT OF VET15 ERANS AFFAIRS. 

16 (a) IN GENERAL.—Subchapter I of chapter 73 of title 

17 38, United States Code, is amended by adding at the end 

18 the following new section: 

19 ‘‘§ 7309. Readjustment Counseling Service 

20 ‘‘(a) IN GENERAL.—There is in the Veterans Health 

21 Administration a Readjustment Counseling Service. The 

22 Readjustment Counseling Service shall provide readjust23 ment counseling and associated services to individuals in 

24 accordance with section 1712A of this title. 


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1 ‘‘(b) CHIEF OFFICER.—(1) The head of the Readjust2 ment Counseling Service shall be the Chief Officer of the 

3 Readjustment Counseling Service (in this section the ‘Chief 

4 Officer’), who shall report directly to the Under Secretary 

5 for Health. 

6 ‘‘(2) The Chief Officer shall be appointed by the Under 

7 Secretary for Health from among individuals who— 

8 ‘‘(A)(i) are psychologists who hold a diploma as 

9 a doctorate in clinical or counseling psychology from 

10 an authority approved by the American Psychological 

11 Association and who have successfully undergone an 

12 internship approved by that association; 

13 ‘‘(ii) are holders of a master in social work de14 gree; or 

15 ‘‘(iii) hold such other advanced degrees related to 

16 mental health as the Secretary considers appropriate; 

17 ‘‘(B) have at least three years of experience pro18 viding direct counseling services or outreach services 

19 in the Readjustment Counseling Service; 

20 ‘‘(C) have at least three years of experience ad21 ministrating direct counseling services or outreach 

22 services in the Readjustment Counseling Service; 

23 ‘‘(D) meet the quality standards and require24 ments of the Department; and 


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1 ‘‘(E) are veterans who served in combat as mem2 bers of the Armed Forces. 

3 ‘‘(c) STRUCTURE.—(1) The Readjustment Counseling 

4 Service is a distinct organizational element within Veterans 

5 Health Administration. 

6 ‘‘(2) The Readjustment Counseling Service shall pro7 vide counseling and services as described in subsection (a). 

8 ‘‘(3) The Chief Officer shall have direct authority over 

9 all Readjustment Counseling Service staff and assets, in10 cluding Vet Centers. 

11 ‘‘(d) SOURCE OF FUNDS.—(1) Amounts for the activi12 ties of the Readjustment Counseling Service, including the 

13 operations of its Vet Centers, shall be derived from amounts 

14 appropriated for the Veterans Health Administration for 

15 medical care. 

16 ‘‘(2) Amounts for activities of the Readjustment Coun17 seling Service, including the operations of its Vet Centers, 

18 shall not be allocated through the Veterans Equitable Re19 source Allocation system. 

20 ‘‘(3) In each budget request submitted for the Depart21 ment of Veterans Affairs by the President to Congress under 

22 section 1105 of title 31, the budget request for the Readjust23 ment Counseling Service shall be listed separately. 

24 ‘‘(e) ANNUAL REPORT.—(1) Not later than March 15 

25 of each year, the Secretary shall submit to the Committee 


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1 on Veterans’ Affairs of the Senate and the Committee on 

2 Veterans’ Affairs of the House of Representatives a report 

3 on the activities of the Readjustment Counseling Service 

4 during the preceding calendar year. 

5 ‘‘(2) Each report submitted under paragraph (1) shall 

6 include, with respect to the period covered by the report, 

7 the following: 

8 ‘‘(A) A summary of the activities of the Read9 justment Counseling Service, including Vet Centers. 

10 ‘‘(B) A description of the workload and addi11 tional treatment capacity of the Vet Centers, includ12 ing, for each Vet Center, the ratio of the number of 

13 full-time equivalent employees at such Vet Center and 

14 the number of individuals who received services or as15 sistance at such Vet Center. 

16 ‘‘(C) A detailed analysis of demand for and 

17 unmet need for readjustment counseling services and 

18 the Secretary’s plan for meeting such unmet need. 

19 ‘‘(f) VET CENTER DEFINED.—In this section, the term 

20 ‘Vet Center’ has the meaning given the term in section 

21 1712A(g) of this title.’’. 

22 (b) CLERICAL AMENDMENT.—The table of sections at 

23 the beginning of chapter 73 of such title is amended by in24 serting after the item relating to section 7308 the following 

25 new item: 

‘‘7309. Readjustment Counseling Service.’’. 


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1 (c) CONFORMING AMENDMENTS.—Section 7305 of such 

2 title is amended— 

3 (1) by redesignating paragraph (7) as para4 graph (8); and 

5 (2) by inserting after paragraph (6) the fol6 lowing new paragraph (7): 

7 ‘‘(7) A Readjustment Counseling Service.’’. 

8 SEC. 763. RECRUITING MENTAL HEALTH PROVIDERS FOR 

9 FURNISHING OF MENTAL HEALTH SERVICES 

10 ON BEHALF OF THE DEPARTMENT OF VET11 ERANS AFFAIRS WITHOUT COMPENSATION 

12 FROM THE DEPARTMENT. 

13 (a) IN GENERAL.—The Secretary of Veterans Affairs 

14 shall carry out a national program of outreach to societies, 

15 community organizations, nonprofit organizations, or gov16 ernment entities in order to recruit mental health providers, 

17 who meet the quality standards and requirements of the De18 partment of Veterans Affairs, to provide mental health serv19 ices for the Department on a part-time, without-compensa20 tion basis, under section 7405 of title 38, United States 

21 Code. 

22 (b) PARTNERING WITH AND DEVELOPING COMMUNITY

23 ENTITIES AND NONPROFIT ORGANIZATIONS.—In carrying 

24 out the program required by subsection (a), the Secretary 

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1 zation or assist in the development of a community entity 

2 or nonprofit organization, including by entering into an 

3 agreement under section 8153 of title 38, United States 

4 Code, that provides strategic coordination of the societies, 

5 organizations, and government entities described in sub6 section (a) in order to maximize the availability and effi7 cient delivery of mental health services to veterans by such 

8 societies, organizations, and government entities. 

9 (c) MILITARY CULTURE TRAINING.—In carrying out 

10 the program required by subsection (a), the Secretary shall 

11 provide training to mental health providers to ensure that 

12 clinicians who provide mental health services as described 

13 in such subsection have sufficient understanding of 

14 military- and service-specific culture, combat experience, 

15 and other factors that are unique to the experience of vet16 erans who served in Operation Enduring Freedom, Oper17 ating Iraqi Freedom, or Operation New Dawn. 

18 SEC. 764. PEER SUPPORT. 

19 (a) PEER SUPPORT COUNSELING PROGRAM.— 

20 (1) PROGRAM REQUIRED.—Paragraph (1) of sec21 tion 1720F(j) of title 38, United States Code, is 

22 amended in the matter before subparagraph (A) by 

23 striking ‘‘may’’ and inserting ‘‘shall’’. 

24 (2) TRAINING.—Paragraph (2) of such section is 

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1 lowing: ‘‘, including training carried out under the 

2 national program of training required by section 

3 304(c) of the Caregivers and Veterans Omnibus 

4 Health Services Act of 2010 (38 U.S.C. 1712A note; 

5 Public Law 111–163)’’. 

6 (3) AVAILABILITY OF PROGRAM AT DEPARTMENT

7 MEDICAL CENTERS.—Such section is amended by 

8 adding at the end the following new paragraph: 

9 ‘‘(3) In addition to other locations the Secretary con10 siders appropriate, the Secretary shall carry out the peer 

11 support program under this subsection at each Department 

12 medical center.’’. 

13 (4) DEADLINE FOR COMMENCEMENT OF PRO14 GRAM.—The Secretary of Veterans Affairs shall ensure 

15 that the peer support counseling program required by 

16 section 1720F(j) of title 38, United States Code, as 

17 amended by this subsection, commences at each De18 partment of Veterans Affairs medical center not later 

19 than 270 days after the date of the enactment of this 

20 Act. 

21 (b) PEER OUTREACH AND PEER SUPPORT SERVICES

22 AT DEPARTMENT MEDICAL CENTERS UNDER PROGRAM ON

23 READJUSTMENT AND MENTAL HEALTH CARE SERVICES

24 FOR VETERANS WHO SERVED IN OPERATION ENDURING

25 FREEDOM AND OPERATION IRAQI FREEDOM.— 


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1 (1) IN GENERAL.—Section 304 of the Caregivers 

2 and Veterans Omnibus Health Services Act of 2010 

3 (38 U.S.C. 1712A note; Public Law 111–163) is 

4 amended— 

5 (A) by redesignating subsection (e) as sub6 section (f); and 

7 (B) by inserting after subsection (d) the fol8 lowing new subsection (e): 

9 ‘‘(e) PROVISION OF PEER OUTREACH AND PEER SUP10 PORT SERVICES AT DEPARTMENT MEDICAL CENTERS.— 

11 The Secretary shall carry out the services required by sub12 paragraphs (A) and (B) of subsection (a)(1) at each De13 partment medical center.’’. 

14 (2) DEADLINE.—The Secretary of Veterans Af15 fairs shall commence carrying out the services re16 quired by subparagraphs (A) and (B) of subsection 

17 (a)(1) of such section at each Department of Veterans 

18 Affairs medical center, as required by subsection (e) 

19 of such section (as added by paragraph (1)), not later 

20 than 270 days after the date of the enactment of this 

21 Act. 


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1 TITLE VIII—ACQUISITION POL2 ICY, ACQUISITION MANAGE3 MENT, AND RELATED MAT4 TERS 

5 Subtitle A—Provisions Relating to 

6 Major Defense Acquisition Pro7 grams 

8 SEC. 801. LIMITATION ON USE OF COST-TYPE CONTRACTS. 

9 (a) PROHIBITION WITH RESPECT TO PRODUCTION OF

10 MAJOR DEFENSE ACQUISITION PROGRAMS.—Not later than 

11 120 days after the date of the enactment of this Act, the 

12 Secretary of Defense shall modify the acquisition regula13 tions of the Department of Defense to prohibit the Depart14 ment from entering into cost-type contracts for the produc15 tion of major defense acquisition programs (MDAPs). 

16 (b) EXCEPTION.— 

17 (1) IN GENERAL.—The prohibition under sub18 section (a) shall not apply in the case of a particular 

19 cost-type contract if the Under Secretary of Defense 

20 for Acquisition, Technology, and Logistics, after con21 sultation with the Director of Cost Assessment and 

22 Program Evaluation— 

23 (A) certifies, in writing, with reasons, that 

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1 quired capability in a timely and cost-effective 

2 manner; and 

3 (B) provides the certification to the congres4 sional defense committees not later than 30 busi5 ness days before issuing a solicitation for the 

6 contract. 

7 (2) SCOPE OF EXCEPTION.—In any case when 

8 the Under Secretary grants an exception under para9 graph (1), the Under Secretary shall take affirmative 

10 steps to make sure that the use of cost-type pricing is 

11 limited to only those line items or portions of the con12 tract where such pricing is needed to achieve the pur13 poses of the exception. A written certification under 

14 paragraph (1) shall be accompanied by an expla15 nation of the steps taken under this paragraph. 

16 (c) DEFINITIONS.—In this section: 

17 (1) MAJOR DEFENSE ACQUISITION PROGRAM.— 

18 The term ‘‘major defense acquisition program’’ has 

19 the meaning given the term in section 2430(a) of title 

20 10, United States Code. 

21 (2) PRODUCTION OF A MAJOR DEFENSE ACQUISI22 TION PROGRAM.—The term ‘‘production of a major 

23 defense acquisition program’’ means the production, 

24 either on a low-rate initial production or full-rate 

25 production basis, and deployment of a major system 


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1 that is intended to achieve an operational capability 

2 that satisfies mission needs, or any activity otherwise 

3 defined as Milestone C under Department of Defense 

4 Instruction 5000.02 or related authorities. 

5 (3) CONTRACT FOR THE PRODUCTION OF A

6 MAJOR DEFENSE ACQUISITION PROGRAM.—The term 

7 ‘‘contract for the production of a major defense acqui8 sition program’’— 

9 (A) means a prime contract for the produc10 tion of a major defense acquisition program; and 

11 (B) does not include individual line items 

12 for segregable efforts or contracts for the incre13 mental improvement of systems that are already 

14 in production (other than contracts for major 

15 upgrades that are themselves major defense ac16 quisition programs). 

17 (d) APPLICABILITY.—The requirements of this section 

18 shall apply to contracts for the production of major defense 

19 acquisition programs entered into on or after October 1, 

20 2014. 


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1 SEC. 802. ACQUISITION STRATEGIES FOR MAJOR SUB2 SYSTEMS AND SUBASSEMBLIES ON MAJOR 

3 DEFENSE ACQUISITION PROGRAMS. 

4 (a) IN GENERAL.—The Secretary of Defense shall en5 sure that the acquisition strategy for each major defense ac6 quisition program— 

7 (1) provides, where appropriate, for breaking out 

8 a major subsystem or subassembly, conducting a sepa9 rate competition or negotiating a separate price for 

10 the subsystem or subassembly, and providing the sub11 system or subassembly to the prime contractor as gov12 ernment-furnished equipment; and 

13 (2) in any case where it is not practical or ap14 propriate to break out a major subsystem or sub15 assembly and provide it to the prime contractor as 

16 government-furnished equipment, includes measures 

17 to prevent excessive pass-through charges by the prime 

18 contractor. 

19 (b) DEFINITIONS.—In this section: 

20 (1) The term ‘‘excessive pass-through charges’’ 

21 means pass-through charges that are not reasonable in 

22 relation to the cost of direct labor provided by em23 ployees of the contractor, any other costs directly at24 tributable to the management of the subcontract by 

25 employees of the contractor, and the level of risk and 


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1 responsibility, if any, assumed by the prime con2 tractor for the performance of the subcontract. 

3 (2) The term ‘‘major defense acquisition pro4 gram’’ has the meaning given the term in section 

5 2430(a) of title 10, United States Code. 

6 (3) The term ‘‘pass-through charges’’ means 

7 prime contractor charges for overhead (including gen8 eral and administrative costs) or profit on a sub9 system or subassembly that is produced by an entity 

10 or entities other than the prime contractor. 

11 (c) CONFORMING AMENDMENTS.—Section 202(c) of the 

12 Weapon Systems Acquisition Reform Act of 2009 (Public 

13 Law 111–23; 123 Stat. 1720; 10 U.S.C. 2430 note) is 

14 amended— 

15 (1) in the matter preceding paragraph (1), by 

16 striking ‘‘fair and objective ‘make-buy’ decisions by 

17 prime contractors’’ and inserting ‘‘competition or the 

18 option of competition at the subcontract level’’; 

19 (2) by redesignating paragraphs (1), (2), and (3) 

20 as paragraphs (2), (3), and (4), respectively; and 

21 (3) by inserting before paragraph (2), as redesig22 nated by paragraph (2) of this subsection, the fol23 lowing new paragraph (1): 

24 ‘‘(1) where appropriate, breaking out a major 

25 subsystem, conducting a separate competition for the 


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1 subsystem, and providing the subsystem to the prime 

2 contractor as government-furnished equipment;’’. 

3 SEC. 803. MANAGEMENT STRUCTURE FOR DEVELOPMENTAL 

4 TEST AND EVALUATION. 

5 (a) DUTIES OF DASD FOR DEVELOPMENTAL TEST

6 AND EVALUATION.—Subsection (a)(5) of section 139b of 

7 title 10, United States Code is amended— 

8 (1) in subparagraph (A)(i), by striking ‘‘in the 

9 Department of Defense’’ and inserting ‘‘of the mili10 tary departments and other elements of the Depart11 ment of Defense’’; and 

12 (2) in subparagraph (C), by striking ‘‘programs’’ 

13 and inserting ‘‘programs (including the activities of 

14 chief developmental testers and lead developmental 

15 test evaluation organizations designated in accord16 ance with subsection (c))’’. 

17 (b) DUTIES OF CHIEF DEVELOPMENTAL TESTER AND

18 LEAD DEVELOPMENTAL TEST AND EVALUATION ORGANIZA19 TION.—Subsection (c) of such section is amended— 

20 (1) in paragraph (2), by striking ‘‘shall be re21 sponsible for’’ and inserting ‘‘, consistent with policies 

22 and guidance issued pursuant to subsection (a)(5)(A), 

23 shall be responsible for’’; 

24 (2) in paragraph (3), by striking ‘‘shall be re25 sponsible for’’ and inserting ‘‘, consistent with policies 


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1 and guidance issued pursuant to subsection (a)(5)(A), 

2 shall be responsible for’’; and 

3 (3) by adding at the end the following new para4 graph: 

5 ‘‘(4) TRANSMITTAL OF RECORDS AND DATA.— 

6 The chief developmental tester and the lead develop7 mental test and evaluation organization for a major 

8 defense acquisition program shall promptly transmit 

9 to the Deputy Assistant Secretary for Developmental 

10 Test and Evaluation any records or data relating to 

11 the program that are requested by the Deputy Assist12 ant Secretary, as provided in subsection (a)(6).’’. 

13 SEC. 804. ASSESSMENTS OF POTENTIAL TERMINATION LI14 ABILITY OF CONTRACTS FOR THE DEVELOP15 MENT OR PRODUCTION OF MAJOR DEFENSE 

16 ACQUISITION PROGRAMS. 

17 (a) REPORT ON ASSESSMENT REQUIRED.—Not later 

18 than 30 days before entering into a covered contract, the 

19 Under Secretary of Defense for Acquisition, Technology, 

20 and Logistics shall submit to the congressional defense com21 mittees a report on the potential termination liability of 

22 the Department of Defense under the contract, including— 

23 (1) an estimate of the maximum potential termi24 nation liability certification for the contract; and 


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1 (2) an assessment how such termination liability 

2 is likely to increase or decrease over the period of per3 formance of the contract. 

4 (b) COVERED CONTRACTS.—For purposes of this sec5 tion, a covered contract is a contract for the development 

6 or production of a major defense acquisition program for 

7 which the Under Secretary of Defense for Acquisition, Tech8 nology, and Logistics is the Milestone Decision Authority 

9 if the contract has a potential termination liability of the 

10 Department of Defense that could reasonably be expected 

11 to exceed $100,000,000. 

12 (c) MAJOR DEFENSE ACQUISITION PROGRAM DE13 FINED.—In this section, the term ‘‘major defense acquisi14 tion program’’ has the meaning given that term in section 

15 2430 of title 10, United States Code. 

16 SEC. 805. TECHNICAL CHANGE REGARDING PROGRAMS EX17 PERIENCING CRITICAL COST GROWTH DUE 

18 TO CHANGE IN QUANTITY PURCHASED. 

19 Section 2433a(c)(3)(A) of title 10, United States Code, 

20 is amended by striking ‘‘subparagraphs (B) and (C)’’ and 

21 inserting ‘‘subparagraphs (B), (C), and (E)’’. 


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1 SEC. 806. REPEAL OF REQUIREMENT TO REVIEW ONGOING 

2 PROGRAMS INITIATED BEFORE ENACTMENT 

3 OF MILESTONE B CERTIFICATION AND AP4 PROVAL PROCESS. 

5 Subsection (b) of section 205 of the Weapon Systems 

6 Acquisition Reform Act of 2009 (Public Law 111–23; 123 

7 Stat. 1725; 10 U.S.C. 2366b note) is repealed. 

8 Subtitle B—Acquisition Policy and 

9 Management 

10 SEC. 821. ONE-YEAR EXTENSION OF TEMPORARY LIMITA11 TION ON AGGREGATE ANNUAL AMOUNT 

12 AVAILABLE FOR CONTRACT SERVICES. 

13 Section 808 of the National Defense Authorization Act 

14 for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 1489) 

15 is amended— 

16 (1) by striking ‘‘fiscal year 2012 or 2103’’ each 

17 place it appears and inserting ‘‘fiscal year 2012, 

18 2013, or 2014’’; and 

19 (2) by striking ‘‘fiscal years 2012 and 2013’’ 

20 each place it appears and inserting ‘‘fiscal years 

21 2012, 2103, and 2014’’. 


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1 SEC. 822. PROHIBITION OF EXCESSIVE PASS-THROUGH 

2 CONTRACTS AND CHARGES IN THE ACQUISI3 TION OF SERVICES. 

4 (a) IN GENERAL.—Not later than 90 days after the 

5 date of the enactment of this Act, the Federal Acquisition 

6 Regulation shall be revised to— 

7 (1) prohibit the award of a covered contract or 

8 task order unless the contractor agrees that at least 50 

9 percent of the direct labor cost of services to be per10 formed under the contract or task order will be ex11 pended for employees of the contractor or of a subcon12 tractor that is specifically identified and authorized 

13 to perform such work in the contract or task order; 

14 (2) provide that the contracting officer for a cov15 ered contract or task order may authorize reliance 

16 upon a subcontractor or subcontractors to meet the re17 quirement in paragraph (1) only upon a written de18 termination that such reliance is in the best interest 

19 of the executive agency concerned, after taking into 

20 account the added cost for overhead (including general 

21 and administrative costs) and profit that may be in22 curred as a result of the pass-through; 

23 (3) require the contracting officer for a covered 

24 contract or task order for which more than 70 percent 

25 of the direct labor cost of services to be performed will 

26 be expended for persons other than employees of the 


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1 contractor to ensure that amounts paid to the con2 tractor for overhead (including general and adminis3 trative costs) and profit are reasonable in relation to 

4 the cost of direct labor provided by employees of the 

5 contractor and any other costs directly attributable to 

6 the management of the subcontract by employees of 

7 the contractor; 

8 (4) include such exceptions to the requirements 

9 in paragraphs (2) and (3) as the Federal Acquisition 

10 Regulatory Council considers appropriate in the in11 terests of the United States, which exceptions shall be 

12 permissible only in exceptional circumstances and for 

13 instances demonstrated by the Council to be cost-effec14 tive; and 

15 (5) include such exceptions to the requirements 

16 in paragraphs (2) and (3) as the Secretary of Defense 

17 considers appropriate in the interests of the national 

18 defense. 

19 (b) COVERED CONTRACT OR TASK ORDER DEFINED.— 

20 In this section, the term ‘‘covered contract or task order’’ 

21 means a contract or task order for the performance of serv22 ices (other than construction) with a value in excess of the 

23 simplified acquisition threshold that is entered into for or 

24 on behalf of an executive agency, except that such term does 


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1 not include any contract or task order that provides a firm, 

2 fixed price for each task to be performed and is— 

3 (1) awarded on the basis of adequate price com4 petition; or 

5 (2) for the acquisition of commercial services as 

6 defined in paragraphs (5) and (6) of section 103 of 

7 title 41, United States Code. 

8 (c) EFFECTIVE DATE.—The requirements of this sec9 tion shall apply to— 

10 (1) covered contracts that are awarded on or 

11 after the date that is 90 days after the date of the en12 actment of this Act; and 

13 (2) covered task orders that are awarded on or 

14 after the date that is 90 days after the date of the en15 actment of this Act under contracts that are awarded 

16 before, on, or after such date. 

17 (d) OTHER DEFINITIONS.—In this section: 

18 (1) The term ‘‘executive agency’’ has the mean19 ing given that term in section 133 of title 41, United 

20 States Code. 

21 (2) The term ‘‘Federal Acquisition Regulatory 

22 Council’’ means the Federal Acquisition Regulatory 

23 Council under section 1302(a) of title 41, United 

24 States Code. 


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1 (e) CONFORMING REPEAL.—Section 852 of the John 

2 Warner National Defense Authorization Act for Fiscal Year 

3 2007 (120 Stat. 2340) is repealed. 

4 SEC. 823. AVAILABILITY OF AMOUNTS IN DEFENSE ACQUISI5 TION WORKFORCE DEVELOPMENT FUND FOR 

6 TEMPORARY MEMBERS OF WORKFORCE. 

7 (a) IN GENERAL.—Section 1705 of title 10, United 

8 States Code, is amended— 

9 (1) in subsection (e)— 

10 (A) in paragraph (1), by adding at the end 

11 the following new sentence: ‘‘In the case of tem12 porary members of the acquisition workforce des13 ignated pursuant to subsection (h)(2), such funds 

14 shall be available only for the limited purpose of 

15 providing training in the performance of acqui16 sition-related functions and duties.’’; and 

17 (B) in paragraph (5), by inserting before 

18 the period at the end the following: ‘‘, and who 

19 has continued in the employment of the Depart20 ment since such time without a break in such 

21 employment of more than a year’’; 

22 (2) by striking subsection (g); 

23 (3) by redesignating subsection (h) as subsection 

24 (g); and 


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1 (4) by adding at the end the following new sub2 section (h): 

3 ‘‘(h) ACQUISITION WORKFORCE DEFINED.—In this 

4 section, the term ‘acquisition workforce’ means the fol5 lowing: 

6 ‘‘(1) Personnel in positions designated under sec7 tion 1721 of this title as acquisition positions for pur8 poses of this chapter. 

9 ‘‘(2) Other military personnel or civilian em10 ployees of the Department of Defense who— 

11 ‘‘(A) contribute significantly to the acquisi12 tion process by virtue of their assigned duties; 

13 and 

14 ‘‘(B) are designated as temporary members 

15 of the acquisition workforce by the Under Sec16 retary of Defense for Acquisition, Technology, 

17 and Logistics, or by the senior acquisition execu18 tive of a military department, for the limited 

19 purpose of receiving training for the performance 

20 of acquisition-related functions and duties.’’. 

21 (b) EXTENSION OF EXPEDITED HIRING AUTHORITY.— 

22 Subsection (g) of such section, as redesignated by subsection 

23 (a)(3) of this section, is further amended in paragraph (2) 

24 by striking ‘‘September 30, 2015’’ and inserting ‘‘September 

25 30, 2017’’. 


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1 (c) PLAN REQUIRED.—Not later than 180 days after 

2 the date of the enactment of this Act, the Under Secretary 

3 of Defense for Acquisition, Technology, and Logistics shall 

4 develop a plan for the implementation of the authority pro5 vided by the amendments made by subsection (a) with re6 gard to temporary members of the defense acquisition work7 force. The plan shall include policy, criteria, and processes 

8 for designating temporary members and appropriate safe9 guards to prevent the abuse of such authority. 

10 SEC. 824. DEPARTMENT OF DEFENSE POLICY ON CON11 TRACTOR PROFITS. 

12 (a) REVIEW OF GUIDELINES ON PROFITS.—The Sec13 retary of Defense shall review the profit guidelines in the 

14 Department of Defense Supplement to the Federal Acquisi15 tion Regulation in order to identify any modifications to 

16 such guidelines that are necessary to ensure an appropriate 

17 link between contractor profit and contractor performance. 

18 (b) MATTERS TO BE CONSIDERED.—In conducting the 

19 review required by subsection (a), the Secretary shall con20 sider, at a minimum, the following: 

21 (1) Appropriate levels of profit needed to sustain 

22 competition in the defense industry, taking into ac23 count contractor investment and cash flow. 

24 (2) Appropriate adjustments to address contract 

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1 ing into account the extent to which such risk is 

2 passed on to subcontractors. 

3 (3) Appropriate incentives for superior perform4 ance in delivering quality products and services in a 

5 timely and cost-effective manner, taking into account 

6 such factors as prime contractor cost reduction, con7 trol of overhead costs, subcontractor cost reduction, 

8 subcontractor management, and effective competition 

9 (including the utilization of small business) at the 

10 subcontract level. 

11 (c) MODIFICATION OF GUIDELINES.—Not later than 

12 180 days after the date of the enactment of this Act, the 

13 Secretary shall modify the profit guidelines described in 

14 subsection (a) so as to achieve the link described that sub15 section. 

16 (d) REPORT.—Upon the completion of the modifica17 tion of the profit guidelines required by subsection (c), the 

18 Secretary shall submit to the congressional defense commit19 tees a report on the actions of the Secretary under this sec20 tion. The report shall set forth the following: 

21 (1) The results of the review conducted under 

22 subsection (a). 

23 (2) A description of the modification carried out 

24 under subsection (c). 


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1 SEC. 825. MODIFICATION OF AUTHORITIES ON INTERNAL 

2 CONTROLS FOR PROCUREMENTS ON BEHALF 

3 OF THE DEPARTMENT OF DEFENSE BY CER4 TAIN NON-DEFENSE AGENCIES. 

5 (a) DISCRETIONARY AUTHORITY.—Subsection (a) of 

6 section 801 of the National Defense Authorization Act for 

7 Fiscal Year 2008 (10 U.S.C. 2304 note) is amended— 

8 (1) in paragraph (1), by striking ‘‘shall, not 

9 later than the date specified in paragraph (2),’’ and 

10 inserting ‘‘may’’; 

11 (2) by striking paragraph (2); 

12 (3) by redesignating paragraphs (3) through (6) 

13 as paragraphs (2) through (5), respectively; 

14 (4) in paragraph (3), as redesignated by para15 graph (3) of this section— 

16 (A) by striking ‘‘required under this sub17 section’’ and inserting ‘‘to be performed under 

18 this subsection’’; and 

19 (B) by striking ‘‘shall’’ and inserting 

20 ‘‘may’’; and 

21 (5) in paragraph (4), as so redesignated, by 

22 striking ‘‘shall’’ and inserting ‘‘may’’. 

23 (b) CONFORMING AMENDMENTS.—Subsection (b)(1)(B) 

24 of such section is amended— 


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1 (1) in clause (i), by striking ‘‘required by sub2 section (a)(4)’’ and inserting ‘‘to be entered into 

3 under subsection (a)(3)’’; and 

4 (2) in clause (ii)— 

5 (A) by striking ‘‘required by subsection (a)’’ 

6 and inserting ‘‘provided for under subsection 

7 (a)’’; and 

8 (B) by striking ‘‘subsection (a)(5)’’ and in9 serting ‘‘subsection (a)(4)’’. 

10 SEC. 826. EXTENSION OF PILOT PROGRAM ON MANAGE11 MENT OF SUPPLY-CHAIN RISK. 

12 Section 806(g) of the Ike Skelton National Defense Au13 thorization Act for Fiscal Year 2011 (Public Law 111–383; 

14 124 Stat. 4262; 10 U.S.C. 2304 note) is amended by strik15 ing ‘‘the date that is three years after the date of the enact16 ment of this Act’’ and inserting ‘‘January 1, 2016’’. 

17 SEC. 827. SENSE OF SENATE ON THE CONTINUING 

18 PROGRESS OF THE DEPARTMENT OF DE19 FENSE IN IMPLEMENTING ITS ITEM UNIQUE 

20 IDENTIFICATION INITIATIVE. 

21 (a) FINDINGS.—The Senate makes the following find22 ings: 

23 (1) In 2003, the Department of Defense initiated 

24 the Item Unique Identification (IUID) Initiative, 

25 which requires the marking and tracking of assets deVerDate Mar 15 2010 01:32 Dec 07, 2012 Jkt 029200 PO 00000 Frm 00335 Fmt 6652 Sfmt 6203 E:\SENENR\H4310.PP H4310

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1 ployed throughout the Armed Forces or in the posses2 sion of Department contractors. 

3 (2) The Initiative has the potential for realizing 

4 significant cost savings and improving the manage5 ment of defense equipment and supplies throughout 

6 their lifecycle. 

7 (3) The Initiative can help the Department com8 bat the growing problem of counterfeits in the mili9 tary supply chain. 

10 (b) SENSE OF SENATE.—It is the sense of the Senate— 

11 (1) to support efforts by the Department of De12 fense to implement the Item Unique Identification 

13 Initiative; 

14 (2) to support measures to verify contractor com15 pliance with section 252.211–7003 (entitled ‘‘Item 

16 Identification and Valuation’’) of the Defense Supple17 ment to the Federal Acquisition Regulation, on 

18 Unique Identification, which states that a unique 

19 identification equivalent recognized by the Depart20 ment is required for certain acquisitions; 

21 (3) to encourage the Armed Forces to adopt and 

22 implement Item Unique Identification actions and 

23 milestones; and 

24 (4) to support investment of sufficient resources 

25 and continued training and leadership to enable the 


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1 Department to capture meaningful data and optimize 

2 the benefits of the Item Unique Identification Initia3 tive. 

4 Subtitle C—Amendments Relating 

5 to General Contracting Authori6 ties, Procedures, and Limita7 tions 

8 SEC. 841. APPLICABILITY OF TRUTH IN NEGOTIATIONS ACT 

9 TO MAJOR SYSTEMS AND RELATED SUB10 SYSTEMS, COMPONENTS, AND SUPPORT 

11 SERVICES. 

12 (a) AUTHORITY TO REQUIRE SUBMISSION OF COST OR

13 PRICING DATA.—Subsection (c) of section 2306a of title 10, 

14 United States Code, is amended— 

15 (1) in the subsection caption, by striking 

16 ‘‘BELOW-THRESHOLD’’ and inserting ‘‘CERTAIN’’; and 

17 (2) in paragraph (2), by inserting before the pe18 riod at the end the following: ‘‘, except in the case of 

19 either of the following: 

20 ‘‘(A) A major system or a subsystem or 

21 component thereof that is not a commercially 

22 available off-the-shelf item (as defined in section 

23 104 of title 41) and was not developed exclu24 sively at private expense as demonstrated in acVerDate Mar 15 2010 01:32 Dec 07, 2012 Jkt 029200 PO 00000 Frm 00337 Fmt 6652 Sfmt 6203 E:\SENENR\H4310.PP H4310

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1 cordance with the requirements of section 

2 2321(f)(2) of this title. 

3 ‘‘(B) Services that are procured for support 

4 of a system, subsystem, or component described 

5 in subparagraph (A).’’. 

6 (b) AUTHORITY TO REQUIRE SUBMISSION OF OTHER

7 INFORMATION.—Subsection (d)(1) of such section is amend8 ed by striking ‘‘at a minimum’’ and all that follows and 

9 inserting ‘‘at a minimum— 

10 ‘‘(A) appropriate information on the prices 

11 at which the same item or similar items have 

12 previously been sold that is adequate for evalu13 ating the reasonableness of the price for the pro14 curement; and 

15 ‘‘(B) in the case of a system, subsystem, 

16 component, or services described in subpara17 graph (A) or (B) of subsection (c)(2) for which 

18 price information described in subparagraph (A) 

19 of this paragraph is not adequate to evaluate 

20 price reasonableness, uncertified cost data that is 

21 adequate for evaluating the reasonableness of the 

22 price for the procurement.’’. 

23 (c) TECHNICAL AMENDMENT.—Subsection (c)(3) of 

24 such section is amended by striking ‘‘paragraph’’ and in25 serting ‘‘subsection’’. 


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1 SEC. 842. MAXIMUM AMOUNT OF ALLOWABLE COSTS OF 

2 COMPENSATION OF CONTRACTOR EMPLOY3 EES. 

4 (a) MODIFICATION OF MAXIMUM AMOUNT.—Section 

5 2324(e)(1)(P) of title 10, United States Code, is amended 

6 by striking ‘‘the benchmark’’ and all that follows through 

7 ‘‘section 1127 of title 41’’ and inserting ‘‘the annual 

8 amount payable under the aggregate limitation on pay as 

9 established by the Office of Management and Budget (cur10 rently $230,700)’’. 

11 (b) EFFECTIVE DATE.—The amendment made by sub12 section (a) shall take effect on January 1, 2013, and shall 

13 apply with respect to costs of compensation incurred on or 

14 after that date under contracts entered into before, on, or 

15 after that date. 

16 (c) REPORT ON ALLOWABLE COSTS OF EMPLOYEE

17 COMPENSATION.—Not later than 120 days after the date of 

18 the enactment of this Act, the Inspector General of the De19 partment of Defense shall submit to Congress a report on 

20 the effect of the modification of allowable costs of contractor 

21 compensation of employees made by subsection (a). The re22 port shall include the following: 

23 (1) The total number of contractor employees 

24 whose allowable costs of compensation in fiscal year 

25 2012 exceeded the amount of allowable costs under the 

26 modification made by subsection (a). 


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1 (2) The total number of contractor employees 

2 whose allowable costs of compensation in each of fiscal 

3 years 2010, 2011, and 2012 would have exceeded the 

4 amount of allowable costs under section 2324(e)(1)(P) 

5 of title 10, United States Code, as amended by section 

6 803(a) of the National Defense Authorization Act for 

7 Fiscal Year 2012 (Public Law 112–81; 125 Stat. 

8 1485). 

9 (3) The total number of contractor employees 

10 whose allowable costs of compensation in each of fiscal 

11 years 2010, 2011, and 2012 exceeded the amount pay12 able to the President under section 102 of title 3, 

13 United States Code. 

14 (4) The total number of contractor employees in 

15 fiscal year 2012 that could have been characterized as 

16 falling within a narrowly targeted exception estab17 lished by the Secretary of Defense under section 

18 2324(e)(1)(P) of title 10, United States Code, as a re19 sult of the amendment made by section 803(a)(2) of 

20 the National Defense Authorization Act for Fiscal 

21 Year 2012. 

22 (5) An assessment whether the compensation 

23 amounts provided in fiscal year 2012 to employees 

24 who were characterized by their employers as falling 

25 within a narrowly targeted exception described in 


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1 paragraph (4) were provided compensation amounts 

2 in that fiscal year in manner consistent with private 

3 sector practice. 

4 (6) The duties and services performed in fiscal 

5 year 2012 by employees who were characterized by 

6 their employers as falling within a narrowly targeted 

7 exception described in paragraph (4). 

8 (7) An assessment whether there are Federal ci9 vilian employees who perform duties and services 

10 comparable to the duties and services described pursu11 ant to paragraph (6). 

12 SEC. 843. DEPARTMENT OF DEFENSE ACCESS TO AND USE 

13 OF CONTRACTOR INTERNAL AUDIT REPORTS. 

14 (a) CLARIFICATION OF AUDIT ACCESS AUTHORITY.— 

15 Section 2313(a)(2) of title 10, United States Code, is 

16 amended— 

17 (1) in subparagraph (C), by striking ‘‘or’’ at the 

18 end; 

19 (2) in subparagraph (D), by striking the period 

20 at the end and inserting ‘‘; or’’; and 

21 (3) by adding at the end the following new sub22 paragraph: 

23 ‘‘(E) the efficacy of contractor or subcontractor 

24 internal controls and the reliability of contractor or 

25 subcontractor business systems.’’. 


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1 (b) GUIDANCE ON ACCESS.— 

2 (1) GUIDANCE REQUIRED.—Not later than 90 

3 days after the date of the enactment of this Act, the 

4 Director of the Defense Contract Audit Agency shall 

5 issue revised guidance on Defense Contract Audit 

6 Agency auditor access to defense contractor internal 

7 audit reports and supporting materials. 

8 (2) PURPOSE.—The purpose of the guidance 

9 issued pursuant to paragraph (1) shall be to ensure 

10 that the Defense Contract Audit Agency has sufficient 

11 access to contractor internal audit reports and sup12 porting materials in order to— 

13 (A) evaluate and test the efficacy of con14 tractor internal controls and the reliability of as15 sociated contractor business systems; and 

16 (B) assess the amount of risk and level of 

17 testing required in connection with specific au18 dits to be conducted by the Agency. 

19 (3) MATTERS TO BE ADDRESSED.—The guidance 

20 issued pursuant to paragraph (1) shall address, at a 

21 minimum, the following: 

22 (A) The extent to which Defense Contract 

23 Audit Agency auditors should request access to 

24 defense contractor internal audit reports and 

25 supporting materials. 


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1 (B) The circumstances in which follow-up 

2 actions, including subpoenas, may be required to 

3 ensure Agency access to audit reports and sup4 porting materials. 

5 (C) The designation of Agency audit offi6 cials responsible for coordinating issues per7 taining to Agency requests for audit reports and 

8 supporting materials. 

9 (D) The purposes for which Agency auditors 

10 may use audit reports and supporting materials. 

11 (E) Any protections that may be required to 

12 ensure that audit reports and supporting mate13 rials are not misused. 

14 (F) Requirements for tracking Agency re15 quests for audit reports and supporting mate16 rials. 

17 (c) FAILURE TO PROVIDE ACCESS.—Not later than 

18 180 days after the date of the enactment of this Act, the 

19 Secretary of Defense shall revise the program required by 

20 section 893 of the Ike Skelton National Defense Authoriza21 tion Act for Fiscal Year 2011 (Public Law 111–383; 124 

22 Stat. 4311; 10 U.S.C. 2302 note) in order to— 

23 (1) ensure that any assessment of the adequacy 

24 of contractor business systems takes into account the 

25 efficacy of contractor internal controls, including conVerDate Mar 15 2010 01:32 Dec 07, 2012 Jkt 029200 PO 00000 Frm 00343 Fmt 6652 Sfmt 6203 E:\SENENR\H4310.PP H4310

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1 tractor internal audit reports and supporting mate2 rials, that are relevant to such assessment; and 

3 (2) provide that the refusal of a contractor to 

4 permit access to contractor internal audit reports and 

5 supporting materials that are relevant to such an as6 sessment is a basis for disapproving the contractor 

7 business system or systems to which such materials 

8 are relevant and taking the remedial actions author9 ized under section 893. 

10 SEC. 844. ENHANCEMENT OF WHISTLEBLOWER PROTEC11 TIONS FOR CONTRACTOR EMPLOYEES. 

12 (a) IN GENERAL.—Subsection (a) of section 2409 of 

13 title 10, United States Code, is amended— 

14 (1) by inserting ‘‘(1)’’ before ‘‘An employee’’; 

15 (2) in paragraph (1), as so designated— 

16 (A) by inserting ‘‘or subcontractor’’ after 

17 ‘‘employee of a contractor’’; 

18 (B) by striking ‘‘a Member of Congress’’ 

19 and all that follows through ‘‘the Department of 

20 Justice’’ and inserting ‘‘a person or body de21 scribed in paragraph (2)’’; 

22 (C) by inserting ‘‘an abuse of authority re23 lating to a Department of Defense contract or 

24 grant,’’ after ‘‘Department of Defense funds,’’; 

25 and 


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1 (D) by inserting ‘‘, rule, or regulation’’ 

2 after ‘‘a violation of law’’; and 

3 (3) by adding at the end the following new para4 graphs: 

5 ‘‘(2) The persons and bodies described in this para6 graph are the persons and bodies as follows: 

7 ‘‘(A) A Member of Congress or a representative 

8 of a committee of Congress. 

9 ‘‘(B) An Inspector General. 

10 ‘‘(C) The Government Accountability Office. 

11 ‘‘(D) A Department of Defense employee respon12 sible for contract oversight or management. 

13 ‘‘(E) An authorized official of the Department of 

14 Justice or other law enforcement agency. 

15 ‘‘(F) A court or grand jury. 

16 ‘‘(G) A management official or other employee of 

17 the contractor or subcontractor who has the responsi18 bility to investigate, discover, or address misconduct. 

19 ‘‘(3) For the purposes of paragraph (1)— 

20 ‘‘(A) an employee who initiates or provides evi21 dence of contractor or subcontractor misconduct in 

22 any judicial or administrative proceeding relating to 

23 waste, fraud, or abuse on a Department of Defense 

24 contract shall be deemed to have made a disclosure 

25 covered by such paragraph; and 


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1 ‘‘(B) a reprisal described in paragraph (1) is 

2 prohibited even if it is undertaken at the request of 

3 a Department of Defense official, unless the request 

4 takes the form of a non-discretionary directive and is 

5 within the authority of the Department of Defense of6 ficial making the request.’’. 

7 (b) INVESTIGATION OF COMPLAINTS.—Subsection (b) 

8 of such section is amended— 

9 (1) in paragraph (1), by inserting ‘‘fails to al10 lege a violation of the prohibition in subsection (a), 

11 or has previously been addressed in another Federal 

12 or State judicial or administrative proceeding initi13 ated by the complainant,’’ after ‘‘is frivolous,’’; 

14 (2) in paragraph (2)— 

15 (A) in subparagraph (A), by inserting ‘‘, 

16 fails to allege a violation of the prohibition in 

17 subsection (a), or has previously been addressed 

18 in another Federal or State judicial or adminis19 trative proceeding initiated by the complainant’’ 

20 after ‘‘is frivolous’’; and 

21 (B) in subparagraph (B), by inserting ‘‘, up 

22 to 180 days,’’ after ‘‘such additional period of 

23 time’’; and 

24 (3) by adding at the end the following new para25 graphs: 


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1 ‘‘(3) The Inspector General may not respond to any 

2 inquiry or disclose any information from or about any per3 son alleging the reprisal, except to the extent that such re4 sponse or disclosure is— 

5 ‘‘(A) made with the consent of the person alleg6 ing the reprisal; 

7 ‘‘(B) made in accordance with the provisions of 

8 section 552a of title 5 or as required by any other ap9 plicable Federal law; or 

10 ‘‘(C) necessary to conduct an investigation of the 

11 alleged reprisal. 

12 ‘‘(4) A complaint may not be brought under this sub13 section more than three years after the date on which the 

14 alleged reprisal took place.’’. 

15 (c) REMEDY AND ENFORCEMENT AUTHORITY.—Sub16 section (c) of such section is amended— 

17 (1) in paragraph (1)(B), by striking ‘‘the com18 pensation (including back pay)’’ and inserting ‘‘com19 pensatory damages (including back pay)’’; 

20 (2) in paragraph (2), by adding at the end fol21 lowing new sentence: ‘‘An action under this para22 graph may not be brought more than two years after 

23 the date on which remedies are deemed to have been 

24 exhausted.’’; 


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1 (3) in paragraph (4), by striking ‘‘and compen2 satory and exemplary damages.’’ and inserting ‘‘, 

3 compensatory and exemplary damages, and attorney 

4 fees and costs. The person upon whose behalf an order 

5 was issued may also file such an action or join in an 

6 action filed by the head of the agency.’’; 

7 (4) in paragraph (5), by adding at the end the 

8 following new sentence: ‘‘Filing such an appeal shall 

9 not act to stay the enforcement of the order of the 

10 head of an agency, unless a stay is specifically en11 tered by the court.’’; and 

12 (5) by adding at the end the following new para13 graphs: 

14 ‘‘(6) The legal burdens of proof specified in section 

15 1221(e) of title 5 shall be controlling for the purposes of 

16 any investigation conducted by an Inspector General, deci17 sion by the head of an agency, or judicial or administrative 

18 proceeding to determine whether discrimination prohibited 

19 under this section has occurred. 

20 ‘‘(7) The rights and remedies provided for in this sec21 tion may not be waived by any agreement, policy, form, 

22 or condition of employment, including by any predispute 

23 arbitration agreement, other than an arbitration provision 

24 in a collective bargaining agreement.’’. 


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1 (d) NOTIFICATION OF EMPLOYEES.—Such section is 

2 further amended— 

3 (1) by redesignating subsections (d) and (e) as 

4 subsections (e) and (f), respectively; and 

5 (2) by inserting after subsection (c) the following 

6 new subsection (d): 

7 ‘‘(d) NOTIFICATION OF EMPLOYEES.—The Secretary of 

8 Defense shall ensure that contractors and subcontractors of 

9 the Department of Defense inform their employees in writ10 ing of the rights and remedies provided under this section, 

11 in the predominant native language of the workforce.’’. 

12 (e) ABUSE OF AUTHORITY DEFINED.—Subsection (f) 

13 of such section, as redesignated by subsection (d)(1) of this 

14 section, is further amended by adding at the end the fol15 lowing new paragraph: 

16 ‘‘(6) The term ‘abuse of authority’ means an ar17 bitrary and capricious exercise of authority that is 

18 inconsistent with the mission of the Department of 

19 Defense or the successful performance of a Department 

20 of Defense contract or grant.’’. 

21 (f) ALLOWABILITY OF LEGAL FEES.—Section 2324(k) 

22 of such title is amended— 

23 (1) in paragraph (1), by striking ‘‘commenced by 

24 the United States or a State’’ and inserting ‘‘com25 menced by the United States, by a State, or by a conVerDate Mar 15 2010 01:32 Dec 07, 2012 Jkt 029200 PO 00000 Frm 00349 Fmt 6652 Sfmt 6203 E:\SENENR\H4310.PP H4310

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1 tractor employee submitting a complaint under sec2 tion 2409 of this title’’; and 

3 (2) in paragraph (2)(C), by striking ‘‘the impo4 sition of a monetary penalty’’ and inserting ‘‘the im5 position of a monetary penalty or an order to take 

6 corrective action under section 2409 of this title’’. 

7 (g) EFFECTIVE DATE.— 

8 (1) IN GENERAL.—The amendments made by 

9 this section shall take effect on the date that is 180 

10 days after the date of the enactment of this Act, and 

11 shall apply to— 

12 (A) all contracts awarded on or after such 

13 date; 

14 (B) all task orders entered on or after such 

15 date pursuant to contracts awarded before, on, or 

16 after such date; and 

17 (C) all contracts awarded before such date 

18 that are modified to include a contract clause 

19 providing for the applicability of such amend20 ments. 

21 (2) REVISION OF DOD SUPPLEMENT TO THE

22 FAR.—Not later than 180 days after the date of the 

23 enactment of this Act, the Department of Defense 

24 Supplement to the Federal Acquisition Regulation 


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1 shall be revised to implement the requirements arising 

2 under the amendments made by this section. 

3 (3) INCLUSION OF CONTRACT CLAUSE IN CON4 TRACTS AWARDED BEFORE EFFECTIVE DATE.—At the 

5 time of any major modification to a contract that 

6 was awarded before the date that is 180 days after the 

7 date of the enactment of this Act, the head of the con8 tracting agency shall make best efforts to include in 

9 the contract a contract clause providing for the appli10 cability of the amendments made by this section to 

11 the contract. 

12 SEC. 844A. WHISTLEBLOWER PROTECTIONS FOR NON-DE13 FENSE CONTRACTORS. 

14 (a) WHISTLEBLOWER PROTECTIONS.— 

15 (1) IN GENERAL.—Chapter 47 of title 41, United 

16 States Code, is amended by adding at the end the fol17 lowing new section: 

18 ‘‘SEC. 4712. CONTRACTOR AND GRANTEE EMPLOYEES: PRO19 TECTION FROM REPRISAL FOR DISCLOSURE 

20 OF CERTAIN INFORMATION. 

21 ‘‘(a) PROHIBITION OF REPRISALS.— 

22 ‘‘(1) IN GENERAL.—An employee of a contractor, 

23 subcontractor, or grantee may not be discharged, de24 moted, or otherwise discriminated against as a re25 prisal for disclosing to a person or body described in 


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1 paragraph (2) information that the employee reason2 ably believes is evidence of gross mismanagement of a 

3 Federal contract or grant, a gross waste of Federal 

4 funds, an abuse of authority relating to a Federal 

5 contract or grant, a substantial and specific danger 

6 to public health or safety, or a violation of law, rule, 

7 or regulation related to a Federal contract (including 

8 the competition for or negotiation of a contract) or 

9 grant. 

10 ‘‘(2) PERSONS AND BODIES COVERED.—The per11 sons and bodies described in this paragraph are the 

12 persons and bodies as follows: 

13 ‘‘(A) A Member of Congress or a representa14 tive of a committee of Congress. 

15 ‘‘(B) An Inspector General. 

16 ‘‘(C) The Government Accountability Office. 

17 ‘‘(D) A Federal employee responsible for 

18 contract or grant oversight or management at 

19 the relevant agency. 

20 ‘‘(E) An authorized official of the Depart21 ment of Justice or other law enforcement agency. 

22 ‘‘(F) A court or grand jury. 

23 ‘‘(G) A management official or other em24 ployee of the contractor, subcontractor, or grantee 


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1 who has the responsibility to investigate, dis2 cover, or address misconduct. 

3 ‘‘(3) RULES OF CONSTRUCTION.—For the pur4 poses of paragraph (1)— 

5 ‘‘(A) an employee who initiates or provides 

6 evidence of contractor, subcontractor, or grantee 

7 misconduct in any judicial or administrative 

8 proceeding relating to waste, fraud, or abuse on 

9 a Federal contract or grant shall be deemed to 

10 have made a disclosure covered by such para11 graph; and 

12 ‘‘(B) a reprisal described in paragraph (1) 

13 is prohibited even if it is undertaken at the re14 quest of an executive branch official, unless the 

15 request takes the form of a non-discretionary di16 rective and is within the authority of the execu17 tive branch official making the request. 

18 ‘‘(b) INVESTIGATION OF COMPLAINTS.— 

19 ‘‘(1) SUBMISSION OF COMPLAINT.—A person who 

20 believes that the person has been subjected to a re21 prisal prohibited by subsection (a) may submit a 

22 complaint to the Inspector General of the executive 

23 agency involved. Unless the Inspector General deter24 mines that the complaint is frivolous, fails to allege 

25 a violation of the prohibition in subsection (a), or has 


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1 previously been addressed in another Federal or State 

2 judicial or administrative proceeding initiated by the 

3 complainant, the Inspector General shall investigate 

4 the complaint and, upon completion of such investiga5 tion, submit a report of the findings of the investiga6 tion to the person, the contractor or grantee con7 cerned, and the head of the agency. 

8 ‘‘(2) INSPECTOR GENERAL ACTION.— 

9 ‘‘(A) DETERMINATION OR SUBMISSION OF

10 REPORT ON FINDINGS.—Except as provided 

11 under subparagraph (B), the Inspector General 

12 shall make a determination that a complaint is 

13 frivolous, fails to allege a violation of the prohi14 bition in subsection (a), or has previously been 

15 addressed in another Federal or State judicial or 

16 administrative proceeding initiated by the com17 plainant or submit a report under paragraph 

18 (1) within 180 days after receiving the com19 plaint. 

20 ‘‘(B) EXTENSION OF TIME.—If the Inspector 

21 General is unable to complete an investigation in 

22 time to submit a report within the 180-day pe23 riod specified in subparagraph (A) and the per24 son submitting the complaint agrees to an exten25 sion of time, the Inspector General shall submit 


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1 a report under paragraph (1) within such addi2 tional period of time, up to 180 days, as shall 

3 be agreed upon between the Inspector General 

4 and the person submitting the complaint. 

5 ‘‘(3) PROHIBITION ON DISCLOSURE.—The In6 spector General may not respond to any inquiry or 

7 disclose any information from or about any person 

8 alleging the reprisal, except to the extent that such re9 sponse or disclosure is— 

10 ‘‘(A) made with the consent of the person al11 leging the reprisal; 

12 ‘‘(B) made in accordance with the provi13 sions of section 552a of title 5 or as required by 

14 any other applicable Federal law; or 

15 ‘‘(C) necessary to conduct an investigation 

16 of the alleged reprisal. 

17 ‘‘(4) TIME LIMITATION.—A complaint may not 

18 be brought under this subsection more than three 

19 years after the date on which the alleged reprisal took 

20 place. 

21 ‘‘(c) REMEDY AND ENFORCEMENT AUTHORITY.— 

22 ‘‘(1) IN GENERAL.—Not later than 30 days after 

23 receiving an Inspector General report pursuant to 

24 subsection (b), the head of the executive agency con25 cerned shall determine whether there is sufficient basis 


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1 to conclude that the contractor or grantee concerned 

2 has subjected the complainant to a reprisal prohibited 

3 by subsection (a) and shall either issue an order de4 nying relief or shall take one or more of the following 

5 actions: 

6 ‘‘(A) Order the contractor or grantee to take 

7 affirmative action to abate the reprisal. 

8 ‘‘(B) Order the contractor or grantee to re9 instate the person to the position that the person 

10 held before the reprisal, together with compen11 satory damages (including back pay), employ12 ment benefits, and other terms and conditions of 

13 employment that would apply to the person in 

14 that position if the reprisal had not been taken. 

15 ‘‘(C) Order the contractor or grantee to pay 

16 the complainant an amount equal to the aggre17 gate amount of all costs and expenses (including 

18 attorneys’ fees and expert witnesses’ fees) that 

19 were reasonably incurred by the complainant for, 

20 or in connection with, bringing the complaint re21 garding the reprisal, as determined by the head 

22 of the executive agency. 

23 ‘‘(2) EXHAUSTION OF REMEDIES.—If the head of 

24 an executive agency issues an order denying relief 

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1 in 210 days after the submission of a complaint 

2 under subsection (b), or in the case of an extension 

3 of time under paragraph (b)(2)(B), not later than 30 

4 days after the expiration of the extension of time, and 

5 there is no showing that such delay is due to the bad 

6 faith of the complainant, the complainant shall be 

7 deemed to have exhausted all administrative remedies 

8 with respect to the complaint, and the complainant 

9 may bring a de novo action at law or equity against 

10 the contractor or grantee to seek compensatory dam11 ages and other relief available under this section in 

12 the appropriate district court of the United States, 

13 which shall have jurisdiction over such an action 

14 without regard to the amount in controversy. Such an 

15 action shall, at the request of either party to the ac16 tion, be tried by the court with a jury. An action 

17 under this paragraph may not be brought more than 

18 two years after the date on which remedies are 

19 deemed to have been exhausted. 

20 ‘‘(3) ADMISSIBILITY OF EVIDENCE.—An Inspec21 tor General determination and an agency head order 

22 denying relief under paragraph (2) shall be admis23 sible in evidence in any de novo action at law or eq24 uity brought pursuant to this subsection. 


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1 ‘‘(4) ENFORCEMENT OF ORDERS.—Whenever a 

2 person fails to comply with an order issued under 

3 paragraph (1), the head of the executive agency con4 cerned shall file an action for enforcement of such 

5 order in the United States district court for a district 

6 in which the reprisal was found to have occurred. In 

7 any action brought under this paragraph, the court 

8 may grant appropriate relief, including injunctive re9 lief, compensatory and exemplary damages, and at10 torney fees and costs. The person upon whose behalf 

11 an order was issued may also file such an action or 

12 join in an action filed by the head of the executive 

13 agency. 

14 ‘‘(5) JUDICIAL REVIEW.—Any person adversely 

15 affected or aggrieved by an order issued under para16 graph (1) may obtain review of the order’s conform17 ance with this subsection, and any regulations issued 

18 to carry out this section, in the United States court 

19 of appeals for a circuit in which the reprisal is al20 leged in the order to have occurred. No petition seek21 ing such review may be filed more than 60 days after 

22 issuance of the order by the head of the executive 

23 agency. Review shall conform to chapter 7 of title 5. 

24 Filing such an appeal shall not act to stay the en25 forcement of the order of the head of an executive 


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1 agency, unless a stay is specifically entered by the 

2 court. 

3 ‘‘(6) BURDENS OF PROOF.—The legal burdens of 

4 proof specified in section 1221(e) of title 5 shall be 

5 controlling for the purposes of any investigation con6 ducted by an Inspector General, decision by the head 

7 of an executive agency, or judicial or administrative 

8 proceeding to determine whether discrimination pro9 hibited under this section has occurred. 

10 ‘‘(7) RIGHTS AND REMEDIES NOT WAIVABLE.— 

11 The rights and remedies provided for in this section 

12 may not be waived by any agreement, policy, form, 

13 or condition of employment, including by any 

14 predispute arbitration agreement, other than an arbi15 tration provision in a collective bargaining agree16 ment. 

17 ‘‘(d) NOTIFICATION OF EMPLOYEES.—The head of each 

18 executive agency shall ensure that contractors, subcontrac19 tors, and grantees of the agency inform their employees in 

20 writing of the rights and remedies provided under this sec21 tion, in the predominant native language of the workforce. 

22 ‘‘(e) CONSTRUCTION.—Nothing in this section may be 

23 construed to authorize the discharge of, demotion of, or dis24 crimination against an employee for a disclosure other than 

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1 ogate from a right or remedy otherwise available to the em2 ployee. 

3 ‘‘(f) DEFINITIONS.—In this section: 

4 ‘‘(1) The term ‘abuse of authority’ means an ar5 bitrary and capricious exercise of authority that is 

6 inconsistent with the mission of the executive agency 

7 concerned or the successful performance of a contract 

8 or grant of such agency. 

9 ‘‘(2) The term ‘Inspector General’ means an In10 spector General appointed under the Inspector Gen11 eral Act of 1978 and any Inspector General that re12 ceives funding from, or has oversight over contracts or 

13 grants awarded for or on behalf of, the executive agen14 cy concerned.’’. 

15 (2) CLERICAL AMENDMENT.—The table of sec16 tions at the beginning of such chapter is amended by 

17 adding at the end the following new item: 

‘‘4712. Contractor and grantee employees: protection from reprisal for disclosure 

of certain information.’’. 

18 (b) ALLOWABILITY OF LEGAL FEES.—Section 4310 of 

19 title 41, United States Code, is amended— 

20 (1) in subsection (b), by striking ‘‘commenced by 

21 the Federal Government or a State’’ and inserting 

22 ‘‘commenced by the Federal Government, by a State, 

23 or by a contractor or grantee employee submitting a 

24 complaint under section 4712 of this title’’; and 


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1 (2) in subsection (c)(3), by striking ‘‘the imposi2 tion of a monetary penalty’’ and inserting ‘‘the impo3 sition of a monetary penalty or an order to take cor4 rective action under section 4712 of this title’’. 

5 (c) EFFECTIVE DATE.— 

6 (1) IN GENERAL.—The amendments made by 

7 this section shall take effect on the date that is 180 

8 days after the date of the enactment of this Act, and 

9 shall apply to— 

10 (A) all contracts and grants awarded on or 

11 after such date; 

12 (B) all task orders entered on or after such 

13 date pursuant to contracts awarded before, on, or 

14 after such date; and 

15 (C) all contracts awarded before such date 

16 that are modified to include a contract clause 

17 providing for the applicability of such amend18 ments. 

19 (2) REVISION OF FEDERAL ACQUISITION REGU20 LATION.—Not later than 180 days after the date of 

21 the enactment of this Act, the Federal Acquisition 

22 Regulation shall be revised to implement the require23 ments arising under the amendments made by this 

24 section. 


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1 (3) INCLUSION OF CONTRACT CLAUSE IN CON2 TRACTS AWARDED BEFORE EFFECTIVE DATE.—At the 

3 time of any major modification to a contract that 

4 was awarded before the date that is 180 days after the 

5 date of the enactment of this Act, the head of the con6 tracting agency shall make best efforts to include in 

7 the contract a contract clause providing for the appli8 cability of the amendments made by this section to 

9 the contract. 

10 SEC. 845. EXTENSION OF CONTRACTOR CONFLICT OF IN11 TEREST LIMITATIONS. 

12 (a) ASSESSMENT OF EXTENSION OF LIMITATIONS TO

13 CERTAIN ADDITIONAL FUNCTIONS AND CONTRACTS.—Not 

14 later than 180 days after the date of the enactment of this 

15 Act, the Secretary of Defense shall review the guidance on 

16 personal conflicts of interest for contractor employees issued 

17 pursuant to section 841(a) of the Duncan Hunter National 

18 Defense Authorization Act for Fiscal Year 2009 (Public 

19 Law 110–417; 122 Stat. 4537) in order to determine wheth20 er it would be in the best interest of the Department of De21 fense and the taxpayers to extend such guidance to personal 

22 conflicts of interest by contractor personnel performing any 

23 of the following: 

24 (1) Functions other than acquisition functions 

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1 mental functions (as that term is defined in section 

2 2383(b)(3) of title 10, United States Code). 

3 (2) Personal services contracts (as that term is 

4 defined in section 2330a(g)(5) of title 10, United 

5 States Code). 

6 (3) Contracts for staff augmentation services (as 

7 that term is defined in section 808(d)(3) of the Na8 tional Defense Authorization Act for Fiscal Year 2012 

9 (Public Law 112–81; 125 Stat. 1490)). 

10 (b) EXTENSION OF LIMITATIONS.—If the Secretary de11 termines pursuant to the review under subsection (a) that 

12 the guidance on personal conflicts of interest should be ex13 tended, the Secretary shall revise the Defense Supplement 

14 to the Federal Acquisition Regulation to the extent nec15 essary to achieve such extension. 

16 (c) REPORT.—Not later than 180 days after the date 

17 of the enactment of this Act, the Secretary shall submit to 

18 the Committee on Armed Services of the Senate and the 

19 Committee on Armed Services of the House of Representa20 tives a report setting forth the following: 

21 (1) A summary of the review conducted under 

22 subsection (a). 

23 (2) A summary description of any revisions of 

24 regulations carried out under subsection (b). 


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1 SEC. 846. REPEAL OF SUNSET FOR CERTAIN PROTESTS OF 

2 TASK AND DELIVERY ORDER CONTRACTS. 

3 Section 2304c(e) of title 10, United States Code, is 

4 amended by striking paragraph (3). 

5 SEC. 847. REPORTS ON USE OF INDEMNIFICATION AGREE6 MENTS. 

7 (a) IN GENERAL.—Not later than 90 days after the 

8 end of each of fiscal years 2013 through 2016, the Secretary 

9 of Defense shall submit to the appropriate committees of 

10 Congress a report on any actions described in subsection 

11 (b) which occurred during the preceding fiscal years. 

12 (b) ACTIONS DESCRIBED.— 

13 (1) IN GENERAL.—An action described in this 

14 subsection is the Secretary of Defense— 

15 (A) entering into a contract that includes 

16 an indemnification provision relating to bodily 

17 injury caused by negligence or relating to wrong18 ful death; or 

19 (B) modifying an existing contract to in20 clude a provision described in subparagraph (A) 

21 in a contract. 

22 (2) EXCLUDED CONTRACTS.—Paragraph (1) 

23 shall not apply to any contract awarded in accord24 ance with— 

25 (A) section 2354 of title 10, United States 

26 Code; or 


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1 (B) the Comprehensive Environmental Re2 sponse, Compensation, and Liability Act of 1980 

3 (42 U.S.C. 9601 et seq.). 

4 (c) MATTERS INCLUDED.—For each action covered in 

5 a report under subsection (a), the report shall include— 

6 (1) the name of the contractor; 

7 (2) a description of the indemnification provi8 sion included in the contract; and 

9 (3) a justification for the contract including the 

10 indemnification provision. 

11 (d) FORM.—Each report under subsection (a) shall be 

12 submitted in unclassified form, but may include a classified 

13 annex. 

14 (e) APPROPRIATE COMMITTEES OF CONGRESS DE15 FINED.—In this section, the term ‘‘appropriate committees 

16 of Congress’’ means— 

17 (1) the Committee on Armed Services, the Com18 mittee on the Budget, and the Committee on Appro19 priations of the Senate; and 

20 (2) the Committee on Armed Services, the Com21 mittee on the Budget, and the Committee on Appro22 priations of the House of Representatives. 


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1 SEC. 848. CONTRACTING WITH SMALL BUSINESS CONCERNS 

2 OWNED AND CONTROLLED BY WOMEN. 

3 (a) PROCUREMENT PROGRAM FOR WOMEN-OWNED

4 SMALL BUSINESS CONCERNS.—Section 8(m)(2) of the 

5 Small Business Act (15 U.S.C. 637(m)(2)) is amended— 

6 (1) in subparagraph (A), by striking ‘‘who are 

7 economically disadvantaged’’; 

8 (2) in subparagraph (C), by striking ‘‘paragraph 

9 (3)’’ and inserting ‘‘paragraph (4)’’; 

10 (3) by striking subparagraph (D); and 

11 (4) by redesignating subparagraphs (E) and (F) 

12 as subparagraphs (D) and (E), respectively. 

13 (b) STUDY AND REPORT ON REPRESENTATION OF

14 WOMEN.—Section 29 of the Small Business Act (15 U.S.C. 

15 656) is amended by adding at the end the following: 

16 ‘‘(o) STUDY AND REPORT ON REPRESENTATION OF

17 WOMEN.— 

18 ‘‘(1) STUDY.—The Administrator shall periodi19 cally conduct a study to identify industries, as de20 fined under the North American Industry Classifica21 tion System, underrepresented by small business con22 cerns owned and controlled by women. 

23 ‘‘(2) REPORT.—Not later than 5 years after the 

24 date of enactment of this subsection, and every 5 

25 years thereafter, the Administrator shall submit to the 

26 Committee on Small Business and Entrepreneurship 


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1 of the Senate and the Committee on Small Business 

2 of the House of Representatives a report on the results 

3 of each study under paragraph (1) conducted during 

4 the 5-year period ending on the date of the report.’’. 

5 Subtitle D—Provisions Relating to 

6 Wartime Contracting 

7 SEC. 860. SHORT TITLE. 

8 This subtitle may be cited as the ‘‘Wartime Con9 tracting Reform Act of 2012’’. 

10 SEC. 861. RESPONSIBILITY WITHIN DEPARTMENT OF DE11 FENSE FOR CONTRACT SUPPORT FOR OVER12 SEAS CONTINGENCY OPERATIONS. 

13 (a) RESPONSIBILITY.— 

14 (1) IN GENERAL.—Not later than one year after 

15 the date of the enactment of this Act, the Secretary of 

16 Defense shall prescribe in regulations the chain of au17 thority and responsibility within the Department of 

18 Defense for policy, planning, and execution of con19 tract support for overseas contingency operations. 

20 (2) ELEMENTS.—The regulations under para21 graph (1) shall, at a minimum— 

22 (A) specify the officials, offices, and compo23 nents of the Department within the chain of au24 thority and responsibility described in para25 graph (1); 


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1 (B) identify for each official, office, and 

2 component specified under subparagraph (A)— 

3 (i) requirements for policy, planning, 

4 and execution of contract support for over5 seas contingency operations, including, at a 

6 minimum, requirements in connection 

7 with— 

8 (I) coordination of functions, au9 thorities, and responsibilities related to 

10 operational contract support for over11 seas contingency operations; 

12 (II) assessments of total force data 

13 in support of Department force plan14 ning scenarios, including the appro15 priateness of and necessity for the use 

16 of contractors for identified functions; 

17 (III) determinations of capability 

18 requirements for non-acquisition com19 munity operational contract support, 

20 and identification of resources required 

21 for planning, training, and execution 

22 to meet such requirements; 

23 (IV) determinations of policy re24 garding the use of contractors by func25 tion, and identification of the training 


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1 exercises that will be required for con2 tract support (including an assessment 

3 whether or not such exercises will in4 clude contractors); and 

5 (V) establishment of an inventory, 

6 and identification of areas of high risk 

7 and trade offs, for use of contract sup8 port in overseas contingency operations 

9 and for areas in which members of the 

10 Armed Forces will be used in such op11 erations instead of contract support; 

12 and 

13 (ii) roles, authorities, responsibilities, 

14 and lines of supervision for the achievement 

15 of the requirements identified under clause 

16 (i), including the position within the chain 

17 of authority and responsibility described in 

18 paragraph (1) with responsibility for re19 porting directly to the Secretary regarding 

20 policy, planning, and execution of contract 

21 support for overseas contingency operations; 

22 and 

23 (C) ensure that the chain of authority and 

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1 tegrated into, the structure of the Department for 

2 the conduct of overseas contingency operations, 

3 including the military departments, the Joint 

4 Staff, and the commanders of the unified com5 batant commands. 

6 (b) SECRETARY OF DEFENSE REPORT.—Not later 

7 than one year after the date of the enactment of this Act, 

8 the Secretary shall submit to the congressional defense com9 mittees a report on the regulations prescribed under sub10 section (a). The report shall set forth the following: 

11 (1) The regulations. 

12 (2) A comprehensive description of the require13 ments identified under clause (i) of subsection 

14 (a)(2)(B), and a comprehensive description of the 

15 manner in which the roles, authorities, responsibil16 ities, and lines of supervision under clause (ii) of that 

17 subsection will further the achievement of such re18 quirements. 

19 (3) A comprehensive description of the manner 

20 in which the regulations will meet the requirements 

21 in subsection (a)(2)(C). 

22 (c) COMPTROLLER GENERAL REPORT.— 

23 (1) IN GENERAL.—Not later than 18 months 

24 after the date of the enactment of this Act, the Comp25 troller General of the United States shall submit to 


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1 the appropriate committees of Congress a report on 

2 the progress of the Department of Defense in imple3 menting the regulations prescribed under subsection 

4 (a). The report may include such additional com5 ments and information on the regulations and the 

6 implementation of the regulations as the Comptroller 

7 General considers appropriate. 

8 (2) APPROPRIATE COMMITTEES OF CONGRESS

9 DEFINED.—In this subsection, the term ‘‘appropriate 

10 committees of Congress’’ means— 

11 (A) the Committee on Armed Services, the 

12 Committee on Homeland Security and Govern13 mental Affairs, and the Committee on Appro14 priations of the Senate; and 

15 (B) the Committee on Armed Services, the 

16 Committee on Oversight and Government Re17 form, and the Committee on Appropriations of 

18 the House of Representatives. 

19 SEC. 862. ANNUAL REPORTS ON CONTRACT SUPPORT FOR 

20 OVERSEAS CONTINGENCY OPERATIONS IN21 VOLVING COMBAT OPERATIONS. 

22 (a) REPORTS REQUIRED.— 

23 (1) DEPARTMENT OF DEFENSE.—Not later than 

24 one year after the commencement or designation of a 

25 contingency operation outside the United States that 


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1 includes combat operations, and annually thereafter 

2 until the termination of the operation, the Secretary 

3 of Defense shall, except as provided in subsection (b), 

4 submit to the appropriate committees of Congress a 

5 report on contract support for the Department of De6 fense for the operation. 

7 (2) DEPARTMENT OF STATE AND USAID.—Not 

8 later than one year after the commencement or des9 ignation of a contingency operation outside the 

10 United States that includes combat operations, and 

11 annually thereafter until the termination of the oper12 ation, the Secretary of State and the Administrator 

13 of the United States Agency for International Devel14 opment shall, except as provided in subsection (b), 

15 each submit to the appropriate committees of Con16 gress a report on contract support for the operation 

17 for the Department of State or the United States 

18 Agency for International Development, as the case 

19 may be. 

20 (b) EXCEPTION.—If the total annual amount of obliga21 tions for contracts for support of a contingency operation 

22 otherwise described by subsection (a) do not exceed 

23 $250,000,000 in an annual reporting period otherwise cov24 ered by that subsection, no report shall be required on the 


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1 operation under that subsection for that annual reporting 

2 period. 

3 (c) ELEMENTS.— 

4 (1) IN GENERAL.—Each report of an agency 

5 under subsection (a) regarding an operation shall set 

6 forth the following: 

7 (A) A description and assessment of the pol8 icy, planning, management, and oversight of the 

9 agency with respect to contract support for the 

10 operation. 

11 (B) With respect to contracts entered into in 

12 connection with the operation: 

13 (i) The total number of contracts en14 tered into as of the date of such report. 

15 (ii) The total number of such contracts 

16 that are active as of such date. 

17 (iii) The total value of contracts en18 tered into as of such date. 

19 (iv) The total value of such contracts 

20 that are active as of such date. 

21 (v) An identification of the extent to 

22 which the contracts entered into as of such 

23 date were entered into using competitive 

24 procedures. 


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1 (vi) The total number of contractor 

2 personnel working under contracts entered 

3 into as of the end of each calendar quarter 

4 during the one-year period ending on such 

5 date. 

6 (vii) The total number of contractor 

7 personnel performing security functions 

8 under contracts entered into as of the end of 

9 each calendar quarter during the one-year 

10 period ending on such date. 

11 (viii) The total number of contractor 

12 personnel killed or wounded under any con13 tracts entered into. 

14 (C) The sources of information and data 

15 used to prepare the portion of such report re16 quired by subparagraph (B). 

17 (D) A description of any known limitations 

18 of the information or data reported under sub19 paragraph (B), including known limitations in 

20 methodology or data sources. 

21 (E) Any plans for strengthening collection, 

22 coordination, and sharing of information on con23 tracts entered into in connection with the oper24 ation. 


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1 (2) ESTIMATES.—In determining the total num2 ber of contractor personnel working under contracts 

3 for purposes of paragraph (1)(B)(vi), the Secretary or 

4 the Administrator may use estimates for any category 

5 of contractor personnel for which such Secretary or 

6 the Administrator, as the case may be, determines it 

7 is not feasible to provide an actual count. Each report 

8 under subsection (a) shall fully disclose the extent to 

9 which such an estimate is used in lieu of an actual 

10 count. 

11 (d) PROHIBITION ON PREPARATION BY CONTRACTOR

12 PERSONNEL.—A report under subsection (a) may not be 

13 prepared by contractor personnel. 

14 (e) USE OF EXISTING REPORTS FOR CERTAIN CONTIN15 GENCY OPERATIONS.—The requirement to submit reports 

16 under subsection (a) on a contingency operation in Iraq 

17 or Afghanistan may be met by the submittal of the reports 

18 required by section 863 of the National Defense Authoriza19 tion Act for Fiscal Year 2008 (10 U.S.C. 2302 note). 

20 (f) APPROPRIATE COMMITTEES OF CONGRESS DE21 FINED.—In this section, the term ‘‘appropriate committees 

22 of Congress’’ means— 

23 (1) the Committee on Armed Services, the Com24 mittee on Foreign Relations, the Committee on HomeVerDate Mar 15 2010 01:32 Dec 07, 2012 Jkt 029200 PO 00000 Frm 00375 Fmt 6652 Sfmt 6203 E:\SENENR\H4310.PP H4310

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1 land Security and Governmental Affairs, and the 

2 Committee on Appropriations of the Senate; and 

3 (2) the Committee on Armed Services, the Com4 mittee on Foreign Affairs, the Committee on Over5 sight and Government Reform, and the Committee on 

6 Appropriations of the House of Representatives. 

7 SEC. 863. INCLUSION OF CONTRACT SUPPORT IN CERTAIN 

8 REQUIREMENTS FOR DEPARTMENT OF DE9 FENSE PLANNING, JOINT PROFESSIONAL 

10 MILITARY EDUCATION, AND MANAGEMENT 

11 STRUCTURE. 

12 (a) READINESS REPORTING SYSTEM.—Section 117(c) 

13 of title 10, United States Code, is amended by adding at 

14 the end the following new paragraph: 

15 ‘‘(8) Measure, on an annual basis, the capability 

16 of operational contract support to support current 

17 and anticipated wartime missions of the armed 

18 forces.’’. 

19 (b) CONTINGENCY PLANNING AND PREPAREDNESS

20 FUNCTIONS OF CJCS.—Section 153(a)(3) of such title is 

21 amended by adding at the end the following new subpara22 graph: 

23 ‘‘(E) In coordination with the Under Secretary 

24 of Defense for Acquisition, Technology, and Logistics, 

25 the Secretaries of the military departments, the heads 


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1 of the Defense Agencies, and the commanders of the 

2 combatant commands, determining the operational 

3 contract support requirements of the armed forces and 

4 recommending the resources required to improve and 

5 enhance operational contract support for the armed 

6 forces and planning for such operational contract 

7 support.’’. 

8 (c) JOINT PROFESSIONAL MILITARY EDUCATION.— 

9 (1) CONTINGENCY OPERATIONS AS MATTER

10 WITHIN COURSE OF JPME.—Section 2151(a) of such 

11 title is amended by adding at the end the following 

12 new paragraph: 

13 ‘‘(6) Contingency operations.’’. 

14 (2) CURRICULUM FOR THREE-PHASE AP15 PROACH.—Section 2154 of such title is amended by 

16 adding at the end the following new subsection: 

17 ‘‘(c) CURRICULUM RELATING TO CONTINGENCY OPER18 ATIONS.—(1) The curriculum for each phase of joint profes19 sional military education implemented under this section 

20 shall include content appropriate for such phase on the fol21 lowing: 

22 ‘‘(A) Requirements definition. 

23 ‘‘(B) Contingency program management. 

24 ‘‘(C) Contingency contracting. 


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1 ‘‘(D) The strategic impact of contracting on 

2 military missions. 

3 ‘‘(2) In this subsection, the terms ‘requirements defini4 tion’, ‘contingency program management’, and ‘contingency 

5 contracting’ have the meaning given those terms in section 

6 2333(f) of this title.’’. 

7 (d) MANAGEMENT STRUCTURE.—Section 2330(c)(2) of 

8 such title is amended by striking ‘‘other than services’’ and 

9 all that follows and inserting ‘‘including services in support 

10 of contingency operations. The term does not include serv11 ices relating to research and development or military con12 struction.’’. 

13 SEC. 864. RISK ASSESSMENT AND MITIGATION FOR CON14 TRACTOR PERFORMANCE OF CRITICAL FUNC15 TIONS IN SUPPORT OF OVERSEAS CONTIN16 GENCY OPERATIONS. 

17 (a) COMPREHENSIVE RISK ASSESSMENT AND MITIGA18 TION PLAN REQUIRED.— 

19 (1) IN GENERAL.—Subject to paragraphs (2) and 

20 (3), not later than six months after the commence21 ment or designation of an overseas contingency oper22 ation that includes or is expected to include combat 

23 operations, the head of each covered agency shall per24 form a comprehensive risk assessment and develop a 

25 risk mitigation plan for operational and political 


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1 risks associated with contractor performance of crit2 ical functions in support of the operation for such 

3 covered agency. 

4 (2) EXCEPTIONS.—Except as provided in para5 graph (3), a risk assessment and risk mitigation plan 

6 shall not be required under paragraph (1) for an 

7 overseas contingency operation if both— 

8 (A) the operation is not expected to con9 tinue for more than one year; and 

10 (B) the total annual amount of obligations 

11 by the United States Government for contracts 

12 for support of or in connection with the oper13 ation is not expected to exceed, $250,000,000 in 

14 any fiscal year. 

15 (3) TERMINATION OF EXCEPTIONS.—Notwith16 standing paragraph (2), the head of a covered agency 

17 shall perform a risk assessment and develop a risk 

18 mitigation plan under paragraph (1) for an overseas 

19 contingency operation with regard to which a risk as20 sessment and risk mitigation plan has not previously 

21 been performed under paragraph (1) not later than 

22 60 days after the first date on which either of the fol23 lowing occurs: 

24 (A) The operation has continued for more 

25 than one year. 


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1 (B) The total amount of obligations by the 

2 United States Government for contracts for sup3 port of or in connection with the operation has 

4 exceeded $250,000,000 in a fiscal year. 

5 (b) COMPREHENSIVE RISK ASSESSMENTS.—A com6 prehensive risk assessment for an overseas contingency oper7 ation under subsection (a) shall consider, at a minimum, 

8 risks relating to the following: 

9 (1) The goals and objectives of the operation 

10 (such as risks from behavior that injures innocent 

11 members of the local population or outrages their sen12 sibilities). 

13 (2) The continuity of the operation (such as risks 

14 from contractors walking off the job or being unable 

15 to perform when there is no timely back-up avail16 able). 

17 (3) The safety of military and civilian personnel 

18 of the United States if the presence or performance of 

19 contractor personnel creates unsafe conditions or in20 vites attack. 

21 (4) The managerial control of the Government 

22 over the operation (such as risks from over-reliance on 

23 contractors to monitor other contractors with inad24 equate means for Government personnel to monitor 

25 their work). 


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1 (5) The critical organic or core capabilities of 

2 the Government, including critical knowledge or insti3 tutional memory of key operations areas and subject4 matter expertise. 

5 (6) The ability of the Government to control 

6 costs, avoid organizational or personal conflicts of in7 terest, and minimize waste, fraud, and abuse. 

8 (c) RISK MITIGATION PLANS.—A risk mitigation plan 

9 for an overseas contingency operation under subsection (a) 

10 shall include, at a minimum, the following: 

11 (1) For each high risk area identified in the 

12 comprehensive risk assessment for the operation per13 formed under subsection (a)— 

14 (A) specific actions to mitigate or reduce 

15 such risk, including, but not limited to, the de16 velopment of alternative capabilities to reduce 

17 reliance on contractor performance of critical 

18 functions; 

19 (B) measurable milestones for the imple20 mentation of planned risk mitigation or risk re21 duction measures; and 

22 (C) a process for monitoring, measuring, 

23 and documenting progress in mitigating or re24 ducing risk. 


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1 (2) A continuing process for identifying and ad2 dressing new and changed risks arising in the course 

3 of the operation, including the periodic reassessment 

4 of risks and the development of appropriate risk miti5 gation or reduction plans for any new or changed 

6 high risk area identified. 

7 (d) REPORTS TO CONGRESS.— 

8 (1) IN GENERAL.—Not later than 30 days after 

9 the completion of a comprehensive risk assessment 

10 and risk mitigation plan under subsection (a), the 

11 head of the covered agency concerned shall submit to 

12 the appropriate committees of Congress a report set13 ting forth a summary description of the assessment 

14 and plan, including a description of the risks identi15 fied through the assessment and the actions to be 

16 taken to address such risks. 

17 (2) FORM.—Each report shall be submitted in 

18 unclassified form, but may include a classified annex. 

19 (e) CRITICAL FUNCTIONS.—For purposes of this sec20 tion, critical functions include, at a minimum, the fol21 lowing: 

22 (1) Private security functions, as that term is 

23 defined in section 864(a)(5) of the National Defense 

24 Authorization Act for Fiscal Year 2008 (10 U.S.C. 

25 2302 note). 


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1 (2) Training and advising government per2 sonnel, including military and security personnel, of 

3 a host nation. 

4 (3) Conducting intelligence or information oper5 ations. 

6 (4) Any other functions that are closely associ7 ated with inherently governmental functions, includ8 ing the functions set forth in section 7.503(d) of the 

9 Federal Acquisition Regulation. 

10 (f) DEFINITIONS.—In this section: 

11 (1) The term ‘‘appropriate committees of Con12 gress’’ means— 

13 (A) the Committee on Armed Services, the 

14 Committee on Foreign Relations, the Committee 

15 on Homeland Security and Governmental Af16 fairs, and the Committee on Appropriations of 

17 the Senate; and 

18 (B) the Committee on Armed Services, the 

19 Committee on Foreign Affairs, the Committee on 

20 Oversight and Government Reform, and the 

21 Committee on Appropriations of the House of 

22 Representatives. 

23 (2) The term ‘‘covered agency’’ means the fol24 lowing: 

25 (A) The Department of Defense. 


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1 (B) The Department of State. 

2 (C) The United States Agency for Inter3 national Development. 

4 (3) The term ‘‘overseas contingency operation’’ 

5 means a military operation outside the United States 

6 and its territories and possessions that is a contin7 gency operation (as that term is defined in section 

8 101(a)(13) of title 10, United States Code). 

9 SEC. 865. EXTENSION AND MODIFICATION OF REPORTS ON 

10 CONTRACTING IN IRAQ AND AFGHANISTAN. 

11 (a) TWO-YEAR EXTENSION OF REQUIREMENT FOR

12 JOINT REPORT.—Subsection (a)(5) of section 863 of the Na13 tional Defense Authorization Act for Fiscal Year 2008 (10 

14 U.S.C. 2302 note) is amended by striking ‘‘February 1, 

15 2013’’ and inserting ‘‘February 1, 2015’’. 

16 (b) REPEAL OF COMPTROLLER GENERAL REVIEW.— 

17 Such section is further amended by striking subsection (b). 

18 (c) CONFORMING AMENDMENTS.— 

19 (1) IN GENERAL.—Such section is further 

20 amended— 

21 (A) by striking ‘‘JOINT REPORT RE22 QUIRED.—’’ and all that follows through ‘‘para23 graph (6)’’ and inserting ‘‘IN GENERAL.—Except 

24 as provided in subsection (f)’’; 


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1 (B) by striking ‘‘this subsection’’ each place 

2 it appears and inserting ‘‘this section’’; 

3 (C) by redesignating paragraphs (2) 

4 through (7) as subsections (b) through (g), re5 spectively, and indenting the left margins of such 

6 subsections, as so redesignated, two ems from the 

7 left margin; 

8 (D) in subsection (b), as redesignated by 

9 subparagraph (C) of this paragraph, by redesig10 nating subparagraphs (A) through (H) as para11 graphs (1) through (8), respectively, and indent12 ing the left margin of such paragraphs, as so re13 designated, four ems from the left margin; 

14 (E) in subsection (c), as redesignated by 

15 subparagraph (C) of this paragraph— 

16 (i) by redesignating subparagraphs (A) 

17 through (C) as paragraphs (1) through (3), 

18 respectively, and indenting the left margin 

19 of such paragraphs, as so redesignated, four 

20 ems from the left margin; and 

21 (ii) by striking ‘‘paragraph (2)’’ each 

22 place it appears and inserting ‘‘subsection 

23 (b)’’; 

24 (F) in subsection (f), as redesignated by 

25 subparagraph (C) of this paragraph, by striking 


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1 ‘‘this paragraph’’ and inserting ‘‘this sub2 section’’; and 

3 (G) in subsection (g), as so redesignated, by 

4 striking ‘‘paragraph (2)(F)’’ and inserting ‘‘sub5 section (b)(6)’’. 

6 (2) HEADING AMENDMENT.—The heading of such 

7 section is amended by striking ‘‘AND COMP8 TROLLER GENERAL REVIEW’’. 

9 SEC. 866. EXTENSION OF TEMPORARY AUTHORITY TO AC10 QUIRE PRODUCTS AND SERVICES IN COUN11 TRIES ALONG A MAJOR ROUTE OF SUPPLY TO 

12 AFGHANISTAN. 

13 (a) EXTENSION.—Subsection (f) of section 801 of the 

14 National Defense Authorization Act for Fiscal Year 2010 

15 (Public Law 111–84; 123 Stat. 2399) is amended by strik16 ing ‘‘on or after the date occurring three years after the 

17 date of the enactment of this Act’’ and inserting ‘‘after De18 cember 31, 2014’’. 

19 (b) REPEAL OF EXPIRED REPORTING REQUIRE20 MENT.—Subsection (g) of such section is repealed. 

21 (c) CLERICAL AMENDMENT.—The heading of such sec22 tion is amended by striking ‘‘; REPORT’’. 


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1 SEC. 867. COMPLIANCE WITH BERRY AMENDMENT RE2 QUIRED FOR UNIFORM COMPONENTS SUP3 PLIED TO AFGHANISTAN MILITARY OR AF4 GHANISTAN NATIONAL POLICE. 

5 (a) REQUIREMENT.—In the case of any textile compo6 nents supplied by the Department of Defense to the Afghani7 stan National Army or the Afghanistan National Police for 

8 purposes of production of uniforms, section 2533a of title 

9 10, United States Code, shall apply, and no exceptions or 

10 exemptions under that section shall apply. 

11 (b) EFFECTIVE DATE.—This section shall apply to so12 licitations issued and contracts awarded for the procure13 ment of textile components described in subsection (a) after 

14 the date of the enactment of this Act. 

15 SEC. 868. SENSE OF SENATE ON THE CONTRIBUTIONS OF 

16 LATVIA AND OTHER NORTH ATLANTIC TREA17 TY ORGANIZATION MEMBER NATIONS TO THE 

18 SUCCESS OF THE NORTHERN DISTRIBUTION 

19 NETWORK. 

20 (a) FINDINGS.—The Senate makes the following find21 ings: 

22 (1) The remote and austere environments in 

23 which United States troops are required to operate as 

24 part of the International Security Assistance Force 

25 (ISAF) mission in Afghanistan have increased the 

26 need for reliable lines of supply in southwest Asia. 


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1 (2) The country of Afghanistan presents unique 

2 logistics challenges, which have precipitated the devel3 opment of several redundant lines of supply. 

4 (3) United States Transportation Command and 

5 the Defense Logistics Agency (DLA), in consultation 

6 with United States Embassy officials and other par7 ties, have successfully established memoranda of un8 derstanding and other agreements with nations in 

9 and around southwest Asia to ensure the reliability of 

10 lines of supply to Afghanistan. 

11 (4) The lines of supply through Pakistan have 

12 been repeatedly threatened by instability in that 

13 country. Airlifting goods to Afghanistan, while safer, 

14 is expensive. 

15 (5) The Northern Distribution Network (NDN) 

16 was established in late 2008 to ensure that a safe and 

17 cost-effective line of supply is available for United 

18 States troops in Afghanistan. 

19 (6) The two prongs of supply provided by the 

20 Northern Distribution Network ship nonlethal goods 

21 from the Baltic ports in the north and the Caucauses 

22 in the west to southwest Asia and Afghanistan. 

23 (7) The Northern Distribution Network has been 

24 successful and now handles more than 50 percent of 

25 cargo shipped to Afghanistan. 


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1 (8) North Atlantic Treaty Organization (NATO) 

2 member nations along the Northern Distribution Net3 work routes have contributed significantly to the suc4 cess of the Northern Distribution Network. 

5 (9) The United States has strong economic ties 

6 to Northern Distribution Network nations that are 

7 members of the North Atlantic Treaty Organization, 

8 and these nations may be able to provide quality 

9 goods and services for near and long-term use by the 

10 Department of Defense. 

11 (10) Since 2009 the port of Riga, on the Baltic 

12 Sea, has been a critical overland entry point for goods 

13 being shipped using the Northern Distribution Net14 work. Latvia is a member of the North Atlantic Trea15 ty Organization and has been an ally of the United 

16 States in the region for many years. 

17 (11) In September 2010, the Defense Logistics 

18 Agency, the General Services Administration, and 

19 other parties hosted a local procurement conference in 

20 Riga, Latvia. 

21 (12) One hundred nine Latvian vendors attended 

22 the September 2010 conference in Riga, and contracts 

23 with Latvian vendors have been entered into as a re24 sult. 


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1 (13) In May 2012, Latvia hosted an inter2 national workshop in Riga to examine ways of trans3 forming the Northern Distribution Network from a 

4 route for the delivery of United States and other Al5 lies’ non-lethal goods to Afghanistan into a commer6 cial route that would support the economic growth of 

7 Afghanistan and the southwest Asia region. 

8 (b) SENSE OF SENATE.—It is the sense of the Senate 

9 that— 

10 (1) Latvia and other North Atlantic Treaty Or11 ganization member nations along the Northern Dis12 tribution Network routes are key economic and secu13 rity partners of the United States and are to be com14 mended for their contribution to ensuring United 

15 States and International Security Assistance Force 

16 troops have reliable lines of supply to achieve the mis17 sion in Afghanistan; 

18 (2) when quality products at competitive prices 

19 are available, significant effort should be made to pro20 cure goods locally from Latvia and other North Atlan21 tic Treaty Organization member nations along the 

22 Northern Distribution Network routes; and 

23 (3) Latvia and other North Atlantic Treaty Or24 ganization member nations along the Northern Dis25 tribution Network routes remain allies of the United 


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1 States in the region, and a mutually beneficial rela2 tionship should continue to be cultivated between the 

3 United States and Latvia and such other nations in 

4 the future. 

5 SEC. 869. RESPONSIBILITIES OF INSPECTORS GENERAL 

6 FOR OVERSEAS CONTINGENCY OPERATIONS. 

7 (a) IN GENERAL.—The Inspector General Act of 1978 

8 (5 U.S.C. App.) is amended— 

9 (1) by redesignating section 8L as section 8M; 

10 and 

11 (2) by inserting after section 8K the following 

12 new section 8L: 

13 ‘‘SEC. 8L. SPECIAL PROVISIONS CONCERNING OVERSEAS 

14 CONTINGENCY OPERATIONS. 

15 ‘‘(a) IN GENERAL.—Upon the commencement or des16 ignation of a military operation as an overseas contingency 

17 operation that exceeds 90 days, the Inspectors General spec18 ified in subsection (b) shall have the responsibilities speci19 fied in this section. 

20 ‘‘(b) INSPECTORS GENERAL.—The Inspectors General 

21 specified in this subsection are the Inspectors General as 

22 follows: 

23 ‘‘(1) The Inspector General of the Department of 

24 Defense. 


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1 ‘‘(2) The Inspector General of the Department of 

2 State. 

3 ‘‘(3) The Inspector General of the United States 

4 Agency for International Development. 

5 ‘‘(c) STANDING COMMITTEE ON OVERSEAS CONTIN6 GENCY OPERATIONS.—(1) The Council of Inspectors Gen7 eral on Integrity and Efficiency (CIGIE) shall establish a 

8 standing committee on overseas contingency operations. The 

9 standing committee shall consist of the following: 

10 ‘‘(A) A chair, who shall be the Lead Inspector 

11 General for an overseas contingency operation under 

12 subsection (d) if such an operation is underway, and 

13 shall be an Inspector General specified in subsection 

14 (b) selected by the Inspectors General specified in that 

15 subsection from among themselves if such an oper16 ation is not underway. 

17 ‘‘(B) The other Inspectors General specified in 

18 subsection (b). 

19 ‘‘(C) For the duration of any contingency oper20 ation that exceeds 90 days, any other inspectors gen21 eral determined by the chair, in coordination with the 

22 other Inspectors General specified in subsection (b), to 

23 have actual or potential areas of responsibility with 

24 respect to the contingency operation. 


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1 ‘‘(2) The standing committee shall have such on-going 

2 responsibilities, including planning, coordination, and de3 velopment of practices, to improve oversight of overseas con4 tingency operations as the chair considers appropriate. 

5 ‘‘(3)(A) For the duration of any contingency operation 

6 that exceeds 90 days, the standing committee shall develop 

7 and update on an annual basis a joint-strategic plan for 

8 ongoing and planned oversight of the contingency operation 

9 by the Inspectors General specified in subsection (b) and 

10 designated pursuant to paragraph (1)(C), including the fol11 lowing: 

12 ‘‘(i) Audit and available inspection plans. 

13 ‘‘(ii) An overall assessment of such oversight, in14 cluding projects or areas (whether departmental or 

15 government-wide) of concern or in need of further re16 view. 

17 ‘‘(iii) Such other matters as the Lead Inspector 

18 General for the contingency operation considers ap19 propriate. 

20 ‘‘(B) Each plan under this paragraph, and any update 

21 of such plan, shall be made available on an Internet website 

22 available to the public. Each plan, and any update of such 

23 plan, made so available shall be made available in unclassi24 fied form. 


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1 ‘‘(d) LEAD INSPECTOR GENERAL FOR OVERSEAS CON2 TINGENCY OPERATIONS.—(1) There shall be a lead inspec3 tor general for each overseas contingency operation that ex4 ceeds 90 days (in this section referred to as the ‘Lead In5 spector General’ for the contingency operation concerned). 

6 ‘‘(2) The Lead Inspector General for a contingency op7 eration shall be the Inspector General of the Department 

8 of Defense, who shall assume such role not later than 90 

9 days after the commencement or designation of the military 

10 operation concerned as a contingency operation. 

11 ‘‘(e) RESPONSIBILITIES OF LEAD INSPECTOR GEN12 ERAL.—(1) The Lead Inspector General for an overseas con13 tingency operation shall have the following responsibilities: 

14 ‘‘(A) To conduct oversight, in full coordination 

15 with the other Inspectors General specified in sub16 section (b), over all aspects of the contingency oper17 ation and to ensure, either through joint or indi18 vidual audits, inspections, and investigations, inde19 pendent and effective oversight of all programs and 

20 operations of all departments and agencies in the con21 tingency operation. 

22 ‘‘(B) To appoint, from among the offices of the 

23 other Inspectors General specified in subsection (b), 

24 an Inspector General to act as Associate Inspector 

25 General for the overseas contingency operation who 


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1 shall act in a coordinating role to assist the Lead In2 spector General in the discharge of responsibilities 

3 under this subsection. 

4 ‘‘(C)(i) If none of the Inspectors General speci5 fied in subsection (b) has principal jurisdiction over 

6 a matter with respect to the contingency operation, to 

7 exercise responsibility for discharging oversight re8 sponsibilities in accordance with this Act with respect 

9 to such matter. 

10 ‘‘(ii) If more than one of the Inspectors General 

11 specified in subsection (b) has jurisdiction over a 

12 matter with respect to the contingency operation, to 

13 determine principal jurisdiction for discharging over14 sight responsibilities in accordance with this Act with 

15 respect to such matter. 

16 ‘‘(D) To carry out such other responsibilities re17 lating to the coordination and efficient and effective 

18 discharge by the Inspectors General specified in sub19 section (b) of duties relating to the contingency oper20 ation as the Lead Inspector General shall specify. 

21 ‘‘(2) The Lead Inspector General for an overseas con22 tingency operation shall discharge the responsibilities for 

23 the contingency operation under this subsection in a man24 ner consistent with the authorities and requirements of this 

25 Act generally and the authorities and requirements applicaVerDate Mar 15 2010 01:32 Dec 07, 2012 Jkt 029200 PO 00000 Frm 00395 Fmt 6652 Sfmt 6203 E:\SENENR\H4310.PP H4310

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1 ble to the Inspectors General specified in subsection (b) 

2 under this Act. 

3 ‘‘(f) REPORTS.—(1) The Lead Inspector General for an 

4 overseas contingency operation shall, in coordination with 

5 the other Inspectors General specified in subsection (b), sub6 mit to the appropriate committees of Congress on a semi7 annual basis, and make available on an Internet website 

8 available to the public, a report summarizing, for the semi9 annual period, the activities of the Lead Inspector General 

10 and the other Inspectors General specified in subsection (b) 

11 with respect to the contingency operation, including— 

12 ‘‘(A) the status and results of audits, inspections, 

13 and closed investigations, and of the number of refer14 rals to the Department of Justice; 

15 ‘‘(B) updates and changes to overall plans for the 

16 review of the contingency operation by inspectors gen17 eral, including plans for inspections and audits; and 

18 ‘‘(C) the activities under programs and oper19 ations funded with amounts appropriated or other20 wise made available for the overseas contingency oper21 ation, including the information specified in para22 graph (2). 

23 ‘‘(2) The information specified in this paragraph with 

24 respect to an overseas contingency operation is as follows: 


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1 ‘‘(A) Obligations and expenditures of appro2 priated funds. 

3 ‘‘(B) A project-by-project and program-by-pro4 gram accounting of the costs incurred to date for the 

5 contingency operation, together with the estimate of 

6 the Department of Defense, the Department of State, 

7 and the United States Agency for International De8 velopment, as applicable, of the costs to complete each 

9 project and program above the simplified acquisition 

10 threshold. 

11 ‘‘(C) Revenues attributable to or consisting of 

12 funds provided by foreign nations or international or13 ganizations to programs and projects for the contin14 gency operation that are funded by any department 

15 or agency of the United States Government, and any 

16 obligations or expenditures of such revenues. 

17 ‘‘(D) Revenues attributable to or consisting of 

18 foreign assets seized or frozen that contribute to pro19 grams and projects for the contingency operation that 

20 are funded by any department or agency of the 

21 United States Government, and any obligations or ex22 penditures of such revenues. 

23 ‘‘(E) Operating expenses of agencies or entities 

24 receiving amounts appropriated or otherwise made 

25 available for the contingency operation. 


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1 ‘‘(F) In the case of any contract, grant, agree2 ment, or other funding mechanism described in para3 graph (3) with respect to the contingency operation— 

4 ‘‘(i) the amount of the contract, grant, 

5 agreement, or other funding mechanism; 

6 ‘‘(ii) a brief discussion of the scope of the 

7 contract, grant, agreement, or other funding 

8 mechanism; 

9 ‘‘(iii) a discussion of how the department or 

10 agency of the United States Government involved 

11 in the contract, grant, agreement, or other fund12 ing mechanism identified, and solicited offers 

13 from, potential individuals or entities to perform 

14 the contract, grant, agreement, or other funding 

15 mechanism, together with a list of the potential 

16 individuals or entities that were issued solicita17 tions for the offers; and 

18 ‘‘(iv) the justification and approval docu19 ments on which was based the determination to 

20 use procedures other than procedures that pro21 vide for full and open competition. 

22 ‘‘(3) A contract, grant, agreement, or other funding 

23 mechanism described in this paragraph is any major con24 tract, grant, agreement, or other funding mechanism that 

25 is entered into by any department or agency of the United 


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1 States Government that involves the use of amounts appro2 priated or otherwise made available for reconstruction and 

3 other related activities in the contingency operation con4 cerned with any public or private sector entity, including 

5 any of the following purposes: 

6 ‘‘(A) To build or rebuild physical infrastructure. 

7 ‘‘(B) To establish or reestablish a political or so8 cietal function or institution. 

9 ‘‘(C) To provide products or services. 

10 ‘‘(4) Each report under this subsection shall be sub11 mitted in unclassified form, but may include a classified 

12 annex. 

13 ‘‘(g) TEMPORARY EMPLOYMENT AUTHORITY.—(1) 

14 Each Inspector General specified in subsection (b) may em15 ploy, on a temporary basis using the authorities in section 

16 3161 of title 5, United States Code (but without regard to 

17 subsections (a) and (b)(2) of such section), such auditors, 

18 inspectors, investigators, and other personnel as such In19 spector General considers appropriate for purposes of assist20 ing such Inspector General in discharging responsibilities 

21 under subsection (e) with respect to an overseas contingency 

22 operation. 

23 ‘‘(2) The employment under this subsection of an an24 nuitant described in section 9902(g) of title 5, United States 

25 Code, shall be governed by the provisions of such section 


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1 as if the position to which employed was a position in the 

2 Department of Defense. 

3 ‘‘(3) The employment under this subsection of an an4 nuitant receiving an annuity under the Foreign Service Re5 tirement and Disability System under chapter 8 of the For6 eign Service Act of 1980 (22 U.S.C. 4041 et seq.) shall be 

7 treated as employment in an elective position in the Gov8 ernment on a temporary basis under section 824(b) of the 

9 Foreign Service Act of 1980 (22 U.S.C. 4064(b)) for which 

10 continued receipt of annuities may be elected as provided 

11 in such section. 

12 ‘‘(4) The authority to employ personnel under this sub13 section for a contingency operation shall cease as provided 

14 for in subsection (h). 

15 ‘‘(h) SUNSET FOR PARTICULAR CONTINGENCY OPER16 ATIONS.—The requirements and authorities of this section 

17 with respect to an overseas contingency operation shall 

18 cease at the earlier of— 

19 ‘‘(1) the end of the first fiscal year after the com20 mencement or designation of the contingency oper21 ation in which the total amount appropriated for the 

22 contingency operation is less than $250,000,000 (in 

23 constant fiscal year 2012 dollars); or 


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1 ‘‘(2) the date that is 18 months after the date of 

2 the issuance by the Secretary of Defense of an order 

3 terminating the contingency operation. 

4 ‘‘(i) CONSTRUCTION OF AUTHORITY.—Nothing in this 

5 Act shall be construed to limit the ability of the Inspectors 

6 General specified in subsection (b) to enter into agreements 

7 to conduct joint audits, inspections, or investigations in the 

8 exercise of their oversight responsibilities in accordance 

9 with this Act with respect to overseas contingency oper10 ations. 

11 ‘‘(j) DEFINITIONS.—In this section: 

12 ‘‘(1) The term ‘overseas contingency operation’ 

13 means a military operation outside the United States 

14 and its territories and possessions that is a contin15 gency operation (as that term is defined in section 

16 101(a)(13) of title 10, United States Code). 

17 ‘‘(2) The term ‘simplified acquisition threshold’ 

18 has the meaning provided that term in section 

19 2302(7) of title 10, United States Code.’’. 

20 (b) CONFORMING AMENDMENT RELATING TO TEM21 PORARY EMPLOYMENT AUTHORITY.—Section 3161 of title 

22 5, United States Code, is amended by adding at the end 

23 the following new subsection: 

24 ‘‘(j) LEAD INSPECTORS GENERAL FOR OVERSEAS CON25 TINGENCY OPERATIONS AS TEMPORARY ORGANIZATION.— 


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1 In addition to the meaning given that term in subsection 

2 (a), the term ‘temporary organization’ for purposes of this 

3 subchapter shall, without regard to subsections (a) and 

4 (b)(2) of this section, also include the Lead Inspector Gen5 eral for an overseas contingency operation under section 8L 

6 of the Inspector General Act of 1978 and the Inspectors Gen7 eral and inspector general office personnel assisting the 

8 Lead Inspector General in the discharge of responsibilities 

9 and authorities under subsection (e) of such section 8L with 

10 respect to the contingency operation.’’. 

11 SEC. 870. AGENCY REPORTS AND INSPECTOR GENERAL AU12 DITS OF CERTAIN INFORMATION ON OVER13 SEAS CONTINGENCY OPERATIONS. 

14 (a) AGENCY REPORTS.—Not later than 180 days after 

15 the commencement or designation of a military operation 

16 as an overseas contingency operation and semi-annually 

17 thereafter during the duration of the contingency operation, 

18 the Secretary of Defense, the Secretary of State, and the 

19 Administrator of the United States Agency for Inter20 national Development shall each make available to the In21 spector General of the department or agency concerned the 

22 information required by subsection (f)(2) of section 8L of 

23 the Inspector General Act of 1978 (as amended by section 

24 869 of this Act) on the contingency operation. 


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1 (b) INSPECTOR GENERAL AUDITS.—Not later than 90 

2 days after receipt of a report under subsection (a), each In3 spector General referred to in that subsection shall— 

4 (1) perform an audit on the quality of the infor5 mation submitted in such report, including an assess6 ment of the completeness and accuracy of the infor7 mation and the extent to which the information fully 

8 satisfies the requirements of such Inspector General in 

9 preparing the semi-annual report described in sub10 section (f)(1)(C) of section 8L of the Inspector General 

11 Act of 1978 (as so amended); and 

12 (2) submit to the appropriate committees of Con13 gress a report on the reliability, accuracy, and com14 pleteness of the information, including any signifi15 cant problems in such information. 

16 (c) DEFINITIONS.—In this section: 

17 (1) The term ‘‘appropriate committees of Con18 gress’’ means— 

19 (A) the Committee on Armed Services, the 

20 Committee on Foreign Relations, the Committee 

21 on Homeland Security and Governmental Af22 fairs, and the Committee on Appropriations of 

23 the Senate; and 

24 (B) the Committee on Armed Services, the 

25 Committee on Foreign Affairs, the Committee on 


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1 Oversight and Government Reform, and the 

2 Committee on Appropriations of the House of 

3 Representatives. 

4 (2) The term ‘‘overseas contingency operation’’ 

5 means a military operation outside the United States 

6 and its territories and possessions that is a contin7 gency operation (as that term is defined in section 

8 101(a)(13) of title 10, United States Code). 

9 SEC. 871. OVERSIGHT OF CONTRACTS AND CONTRACTING 

10 ACTIVITIES FOR OVERSEAS CONTINGENCY 

11 OPERATIONS IN RESPONSIBILITIES OF CHIEF 

12 ACQUISITION OFFICERS OF FEDERAL AGEN13 CIES. 

14 (a) IN GENERAL.—Subsection (b)(3) of section 1702 

15 of title 41, United States Code, is amended— 

16 (1) by redesignating subparagraphs (F) and (G) 

17 as subparagraphs (G) and (H), respectively; and 

18 (2) by inserting after subparagraph (E) the fol19 lowing new subparagraph (F): 

20 ‘‘(F) advising the executive agency on the appli21 cability of relevant policy on the contracts of the 

22 agency for overseas contingency operations and ensur23 ing the compliance of the contracts and contracting 

24 activities of the agency with such policy;’’. 


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1 (b) DEFINITION.—Such section is further amended by 

2 adding at the following new subsection: 

3 ‘‘(d) OVERSEAS CONTINGENCY OPERATIONS DE4 FINED.—In this section, the term ‘overseas contingency op5 erations’ means military operations outside the United 

6 States and its territories and possessions that are a contin7 gency operation (as that term is defined in section 

8 101(a)(13) of title 10).’’. 

9 SEC. 872. REPORTS ON RESPONSIBILITY WITHIN DEPART10 MENT OF STATE AND THE UNITED STATES 

11 AGENCY FOR INTERNATIONAL DEVELOPMENT 

12 FOR CONTRACT SUPPORT FOR OVERSEAS 

13 CONTINGENCY OPERATIONS. 

14 (a) DOS AND USAID REPORTS REQUIRED.—Not later 

15 than six months after the date of the enactment of this Act, 

16 the Secretary of State and the Administrator of the United 

17 States Agency for International Development shall, in con18 sultation with the Chief Acquisition Officer of the Depart19 ment of State and the Chief Acquisition Officer of the 

20 United States Agency for International Development, re21 spectively, each submit to the appropriate committees of 

22 Congress an assessment of Department of State and United 

23 States Agency for International Development policies gov24 erning contract support in overseas contingency operations. 


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1 (b) ELEMENTS.—Each report under subsection (a) 

2 shall include the following: 

3 (1) A description and assessment of the roles and 

4 responsibilities of the officials, offices, and components 

5 of the Department of State or the United States Agen6 cy for International Development, as applicable, with7 in the chain of authority and responsibility for pol8 icy, planning, and execution of contract support for 

9 overseas contingency operations. 

10 (2) Procedures and processes of the Department 

11 or Agency, as applicable, on the following in connec12 tion with contract support for overseas contingency 

13 operations: 

14 (A) Collection, inventory, and reporting of 

15 data. 

16 (B) Acquisition planning. 

17 (C) Solicitation and award of contracts. 

18 (D) Requirements development and man19 agement. 

20 (E) Contract tracking and oversight. 

21 (F) Performance evaluations. 

22 (G) Risk management. 

23 (H) Interagency coordination and transi24 tion planning. 


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1 (3) Strategies and improvements necessary for 

2 the Department or the Agency, as applicable, to ad3 dress reliance on contractors, workforce planning, and 

4 the recruitment and training of acquisition workforce 

5 personnel, including the anticipated number of per6 sonnel needed to perform acquisition management 

7 and oversight functions and plans for achieving per8 sonnel staffing goals, in connection with overseas con9 tingency operations. 

10 (c) COMPTROLLER GENERAL REPORT.—Not later than 

11 one year after the date of the enactment of this Act, the 

12 Comptroller General of the United States shall submit to 

13 the appropriate committees of Congress a report on the 

14 progress of the efforts of the Department of State and the 

15 United States Agency for International Development in im16 plementing improvements and changes identified under 

17 paragraphs (1) through (3) of subsection (b) in the reports 

18 required by subsection (a), together with such additional in19 formation as the Comptroller General considers appropriate 

20 to further inform such committees on issues relating to the 

21 reports required by subsection (a). 

22 (d) APPROPRIATE COMMITTEES OF CONGRESS DE23 FINED.—In this section, the term ‘‘appropriate committees 

24 of Congress’’ means— 


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1 (1) the Committee on Foreign Relations, the 

2 Committee on Armed Services, the Committee on 

3 Homeland Security and Governmental Affairs, and 

4 the Committee on Appropriations of the Senate; and 

5 (2) the Committee on Foreign Affairs, the Com6 mittee on Armed Services, the Committee on Over7 sight and Government Reform, and the Committee on 

8 Appropriations of the House of Representatives. 

9 SEC. 873. PROFESSIONAL EDUCATION FOR DEPARTMENT 

10 OF STATE PERSONNEL ON ACQUISITION FOR 

11 DEPARTMENT OF STATE SUPPORT AND PAR12 TICIPATION IN OVERSEAS CONTINGENCY OP13 ERATIONS. 

14 (a) PROFESSIONAL EDUCATION REQUIRED.—The Sec15 retary of State shall develop and administer for Depart16 ment of State personnel specified in subsection (b) a course 

17 of professional education on acquisition by the Department 

18 of State for Department of State support for, and participa19 tion in, overseas contingency operations. 

20 (b) COVERED DEPARTMENT OF STATE PERSONNEL.— 

21 The Department of State personnel specified in this sub22 section are as follows: 

23 (1) The Chief Acquisition Officer of the Depart24 ment of State. 


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1 (2) Personnel of the Department designated by 

2 the Chief Acquisition Officer, including contracting 

3 officers and other contracting personnel. 

4 (3) Such other personnel of the Department as 

5 the Secretary of State shall designate for purposes of 

6 this section. 

7 (c) ELEMENTS.— 

8 (1) CURRICULUM CONTENT.—The course of pro9 fessional education under this section shall include 

10 appropriate content on the following: 

11 (A) Contingency contracting. 

12 (B) Contingency program management. 

13 (C) The strategic impact of contracting 

14 costs on the mission and activities of the Depart15 ment of State. 

16 (D) Such other matters relating to acquisi17 tion by the Department for Department support 

18 for, or participation in, overseas contingency op19 erations as the Secretary of State considers ap20 propriate. 

21 (2) PHASED APPROACH.—The course of profes22 sional education may be broken into two or more 

23 phases of professional education with curriculum or 

24 modules of education suitable for the Department of 

25 State personnel specified in subsection (b) at different 


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1 phases of professional advancement within the De2 partment. 

3 (d) DEFINITIONS.—In this section: 

4 (1) The term ‘‘contingency contracting’’ means 

5 all stages of the process of acquiring property or serv6 ices by the Department of State for Department of 

7 State support for, and participation in, overseas con8 tingency operations. 

9 (2) The term ‘‘contingency program manage10 ment’’ means the process of planning, organizing, 

11 staffing, controlling, and leading specific acquisition 

12 programs and activities of the Department of State 

13 for Department of State support for, and participa14 tion in, overseas contingency operations. 

15 (3) The term ‘‘overseas contingency operation’’ 

16 means a military operation outside the United States 

17 and its territories and possessions that is a contin18 gency operation (as that term is defined in section 

19 101(a)(13) of title 10, United States Code). 

20 SEC. 874. DATABASE ON PRICE TRENDS OF ITEMS AND 

21 SERVICES UNDER FEDERAL CONTRACTS. 

22 (a) DATABASE REQUIRED.— 

23 (1) IN GENERAL.—Chapter 33 of title 41, United 

24 States Code, is amended by adding at the end the fol25 lowing new section: 


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1 ‘‘§ 3312. Database on price trends of items and serv2 ices under Federal contracts 

3 ‘‘(a) DATABASE REQUIRED.—The Administrator shall 

4 establish and maintain a database of information on price 

5 trends for items and services under contracts with the Fed6 eral Government. The information in the database shall be 

7 designed to assist Federal acquisition officials in the fol8 lowing: 

9 ‘‘(1) Monitoring developments in price trends for 

10 items and services under contracts with the Federal 

11 Government. 

12 ‘‘(2) Conducting pricing or cost analyses for 

13 items and services under offers for contracts with the 

14 Federal Government, or otherwise conducting deter15 minations of the reasonableness of prices for items 

16 and services under such offers, and addressing un17 justified escalation in prices being paid by the Fed18 eral Government for items and services under con19 tracts with the Federal Government. 

20 ‘‘(b) USE.—(1) The database under subsection (a) 

21 shall be available to executive agencies in the evaluation 

22 of offers for contracts with the Federal Government for items 

23 and services. 

24 ‘‘(2) The Secretary of Defense may satisfy the require25 ments of this section by complying with the requirements 


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1 of section 892 of the Ike Skelton National Defense Author2 ization Act for Fiscal Year 2011 (10 U.S.C. 2306a note).’’. 

3 (2) CLERICAL AMENDMENT.—The table of sec4 tions at the beginning of chapter 33 of such title is 

5 amended by adding at the end the following new item: 

‘‘3312. Database on price trends of items and services under Federal contracts.’’. 

6 (b) USE OF ELEMENTS OF DEPARTMENT OF DEFENSE

7 PILOT PROJECT.—In establishing the database required by 

8 section 3312 of title 41, United States Code (as added by 

9 subsection (a)), the Administrator of Federal Procurement 

10 Policy shall use and incorporate appropriate elements of 

11 the pilot project on pricing of the Department of Defense 

12 being carried out by the Director of Defense Pricing. 

13 SEC. 875. INFORMATION ON CORPORATE CONTRACTOR 

14 PERFORMANCE AND INTEGRITY THROUGH 

15 THE FEDERAL AWARDEE PERFORMANCE AND 

16 INTEGRITY INFORMATION SYSTEM. 

17 (a) INCLUSION OF CORPORATIONS AMONG COVERED

18 PERSONS.—Subsection (b) of section 872 of the Duncan 

19 Hunter National Defense Authorization Act for Fiscal Year 

20 2009 (Public Law 110–417; 122 Stat. 4555) is amended 

21 by inserting ‘‘(including a corporation)’’ after ‘‘Any per22 son’’ both places it appears. 

23 (b) INFORMATION ON CORPORATIONS.—Subsection (d) 

24 of such section is amended by adding at the end the fol25 lowing new paragraph: 


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1 ‘‘(3) INFORMATION ON CORPORATIONS.—The in2 formation on a corporation in the database shall, to 

3 the extent practicable, include information on any 

4 parent, subsidiary, or successor entities to the cor5 poration in manner designed to give the acquisition 

6 officials using the database a comprehensive under7 standing of the performance and integrity of the cor8 poration in carrying out Federal contracts and 

9 grants.’’. 

10 SEC. 876. INCLUSION OF DATA ON CONTRACTOR PERFORM11 ANCE IN PAST PERFORMANCE DATABASES 

12 FOR EXECUTIVE AGENCY SOURCE SELECTION 

13 DECISIONS. 

14 (a) STRATEGY REQUIRED.— 

15 (1) IN GENERAL.—Not later than 180 days after 

16 the date of the enactment of this Act, the Federal Ac17 quisition Regulatory Council shall develop a strategy 

18 for ensuring that timely, accurate, and complete in19 formation on contractor performance is included in 

20 past performance databases used by executive agencies 

21 for making source selection decisions. 

22 (2) CONSULTATION WITH USDATL.—In devel23 oping the strategy required by this subsection, the 

24 Federal Acquisition Regulatory Council shall consult 

25 with the Under Secretary of Defense for Acquisition, 


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1 Technology, and Logistics to ensure that the strategy 

2 is, to the extent practicable, consistent with the strat3 egy developed by the Under Secretary pursuant to sec4 tion 806 of the National Defense Authorization Act 

5 for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 

6 1487; 10 U.S.C. 2302 note). 

7 (b) ELEMENTS.—The strategy required by subsection 

8 (a) shall, at a minimum— 

9 (1) establish standards for the timeliness and 

10 completeness of past performance submissions for pur11 poses of databases described in subsection (a); 

12 (2) assign responsibility and management ac13 countability for the completeness of past performance 

14 submissions for such purposes; and 

15 (3) ensure that past performance submissions for 

16 such purposes are consistent with award fee evalua17 tions in cases where such evaluations have been con18 ducted. 

19 (c) CONTRACTOR COMMENTS.—Not later than 180 

20 days after the date of the enactment of this Act, the Federal 

21 Acquisition Regulation shall be revised to require the fol22 lowing: 

23 (1) That affected contractors are provided, in a 

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1 ance to be included in past performance databases in 

2 accordance with subsection (a). 

3 (2) That such contractors are afforded up to 14 

4 calendar days, from the date of delivery of the infor5 mation provided in accordance with paragraph (1), 

6 to submit comments, rebuttals, or additional informa7 tion pertaining to past performance for inclusion in 

8 such databases. 

9 (3) That agency evaluations of contractor past 

10 performance, including any information submitted 

11 under paragraph (2), are included in the relevant 

12 past performance database not later than the date 

13 that is 14 days after the date of delivery of the infor14 mation provided in accordance with paragraph (1). 

15 (d) CONSTRUCTION.—Nothing in this section shall be 

16 construed to prohibit a contractor from submitting com17 ments, rebuttals, or additional information pertaining to 

18 past performance after the period described in subsection 

19 (c)(2) has elapsed or to prohibit a contractor from chal20 lenging a past performance evaluation in accordance with 

21 applicable laws, regulations, or procedures. 

22 (e) COMPTROLLER GENERAL REPORT.—Not later than 

23 18 months after the date of the enactment of this Act, the 

24 Comptroller General of the United States shall submit to 

25 the appropriate committees of Congress a report on the acVerDate Mar 15 2010 01:32 Dec 07, 2012 Jkt 029200 PO 00000 Frm 00415 Fmt 6652 Sfmt 6203 E:\SENENR\H4310.PP H4310

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1 tions taken by the Federal Acquisition Regulatory Council 

2 pursuant to this section, including an assessment of the fol3 lowing: 

4 (1) The extent to which the strategy required by 

5 subsection (a) is consistent with the strategy developed 

6 by the Under Secretary of Defense for Acquisition, 

7 Technology, and Logistics as described in subsection 

8 (a)(2). 

9 (2) The extent to which the actions of the Federal 

10 Acquisition Regulatory Council pursuant to this sec11 tion have otherwise achieved the objectives of this sec12 tion. 

13 (f) DEFINITIONS.—In this section: 

14 (1) The term ‘‘appropriate committees of Con15 gress’’ means— 

16 (A) the Committee on Armed Services, the 

17 Committee on Foreign Relations, the Committee 

18 on Homeland Security and Governmental Af19 fairs, and the Committee on Appropriations of 

20 the Senate; and 

21 (B) the Committee on Armed Services, the 

22 Committee on Foreign Affairs, the Committee on 

23 Oversight and Government Reform, and the 

24 Committee on Appropriations of the House of 

25 Representatives. 


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1 (2) The term ‘‘executive agency’’ has the mean2 ing given that term in section 133 of title 41, United 

3 States Code, except that the term excludes the Depart4 ment of Defense and the military departments. 

5 (3) The term ‘‘Federal Acquisition Regulatory 

6 Council’’ means the Federal Acquisition Regulatory 

7 Council under section 1302(a) of title 41, United 

8 States Code. 

9 SEC. 877. PUBLIC AVAILABILITY OF DATABASE OF SENIOR 

10 DEPARTMENT OF DEFENSE OFFICIALS SEEK11 ING EMPLOYMENT WITH DEFENSE CONTRAC12 TORS. 

13 Section 847(b) of the National Defense Authorization 

14 Act for Fiscal Year 2008 (Public Law 110–181; 10 U.S.C. 

15 1701 note) is amended by adding at the end the following 

16 new paragraph: 

17 ‘‘(3) PUBLIC AVAILABILITY OF INFORMATION.— 

18 The Secretary of Defense shall make available online 

19 to the public any information contained in the data20 base or repository required under paragraph (1) that 

21 is not confidential, personal, or proprietary in na22 ture.’’. 


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1 Subtitle E—Other Matters 

2 SEC. 881. REQUIREMENTS AND LIMITATIONS FOR SUSPEN3 SION AND DEBARMENT OFFICIALS OF THE 

4 DEPARTMENT OF DEFENSE, THE DEPART5 MENT OF STATE, AND THE UNITED STATES 

6 AGENCY FOR INTERNATIONAL DEVELOP7 MENT. 

8 (a) IN GENERAL.—Not later than 180 days after the 

9 date of the enactment of this Act, the head of the covered 

10 agency concerned shall ensure the following: 

11 (1) There shall be not less than one suspension 

12 and debarment official— 

13 (A) in the case of the Department of De14 fense, for each of the Department of the Army, 

15 the Department of the Navy, the Department of 

16 the Air Force, and the Defense Logistics Agency; 

17 (B) for the Department of State; and 

18 (C) for the United States Agency for Inter19 national Development. 

20 (2) A suspension and debarment official under 

21 paragraph (1) may not report to or be subject to the 

22 supervision of the acquisition office or the Inspector 

23 General of— 

24 (A) in the case of the Department of De25 fense, either the Department of Defense or the 


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1 military department or Defense Agency con2 cerned; and 

3 (B) in the case of any other covered agency, 

4 the acquisition office or the Inspector General of 

5 such agency. 

6 (3)(A) Except as provided in subparagraph (B), 

7 the duties of a suspension and debarment official 

8 under paragraph (1) may include only the following: 

9 (i) The direction, management, and over10 sight of suspension and debarment activities. 

11 (ii) The direction, management, and over12 sight of fraud remedies activities. 

13 (iii) Membership and participation in the 

14 Interagency Committee on Debarment and Sus15 pension in accordance with Executive Order No. 

16 12549 and section 873 of the Duncan Hunter 

17 National Defense Authorization Act for Fiscal 

18 Year 2009 (as amended by this section). 

19 (B) The limitation in subparagraph (A) shall 

20 not be construed to prohibit a suspension and debar21 ment official under paragraph (1) from providing au22 thorized legal advice to the extent that the provision 

23 of such advice does not present a conflict of interest 

24 with the exercise of the duties of the suspension and 

25 debarment official under subparagraph (A). 


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1 (4) Each suspension and debarment official 

2 under paragraph (1) shall have a staff and resources 

3 adequate for the discharge of the suspension and de4 barment responsibilities of such official. 

5 (5) Each suspension and debarment official 

6 under paragraph (1) shall document the basis for any 

7 decision taken pursuant to a referral in accordance 

8 with the policies established under paragraph (7), in9 cluding, but not limited to, the following: 

10 (A) Any decision to suspend or debar any 

11 person or entity. 

12 (B) Any decision not to suspend or debar 

13 any person or entity. 

14 (C) Any decision declining to pursue sus15 pension or debarment of any person or entity. 

16 (D) Any administrative agreement entered 

17 with any person or persons in lieu of suspension 

18 or debarment of such person or entity. 

19 (6) Any decision under subparagraphs (B) 

20 through (D) of paragraph (5) shall not preclude a 

21 subsequent decision by a suspension and debarment 

22 official under paragraph (1) to suspend, debar, or 

23 enter into any administrative agreement with any 

24 person or entity based on additional information or 

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1 ferral or internally developed, shall be documented 

2 prior to closure by the suspension and debarment offi3 cial. 

4 (7) Each suspension and debarment official 

5 under paragraph (1) shall, in consultation with the 

6 General Counsel of the covered agency concerned, es7 tablish in writing policies for the consideration of the 

8 following: 

9 (A) Referrals of suspension and debarment 

10 matters. 

11 (B) Suspension and debarment matters that 

12 are not referred. 

13 (b) COVERED AGENCY DEFINED.—In subsection (a), 

14 the term ‘‘covered agency’’ means the following: 

15 (1) The Department of Defense. 

16 (2) The Department of State. 

17 (3) The United States Agency for International 

18 Development. 

19 (c) DUTIES OF INTERAGENCY COMMITTEE ON DEBAR20 MENT AND SUSPENSION.—Section 873 of the Duncan Hun21 ter National Defense Authorization Act for Fiscal Year 2009 

22 (31 U.S.C. 6101 note) is amended— 

23 (1) in subsection (a)— 

24 (A) in paragraph (1), by inserting ‘‘, in25 cluding with respect to contracts in connection 


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1 with contingency operations’’ before the semi2 colon; and 

3 (B) in paragraph (7)— 

4 (i) in subparagraph (B), by striking 

5 ‘‘and’’ at the end; 

6 (ii) in subparagraph (C), by striking 

7 the period at the end and inserting a semi8 colon; and 

9 (iii) by adding at the end the following 

10 new subparagraphs 

11 ‘‘(D) a summary of suspensions, 

12 debarments, and administrative agreements dur13 ing the previous year; and 

14 ‘‘(E) a summary of referrals of suspension 

15 and debarment matters received during the pre16 vious year, including an identification of the 

17 agencies making such referrals and an assess18 ment of the timeliness of such referrals.’’; and 

19 (2) by striking subsection (b) and inserting the 

20 following new subsections: 

21 ‘‘(b) DATE OF SUBMITTAL OF ANNUAL REPORTS.—The 

22 annual report required by subsection (a)(7) shall be sub23 mitted not later than 120 days after the end of the first 

24 fiscal year ending after the date of the enactment of the 


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1 National Defense Authorization Act for Fiscal Year 2013, 

2 and annually thereafter. 

3 ‘‘(c) DEFINITIONS.—In this section: 

4 ‘‘(1) The term ‘contingency operation’ has the 

5 meaning given that term in section 101(a)(13) of title 

6 10, United States Code. 

7 ‘‘(2) The term ‘Interagency Committee on Debar8 ment and Suspension’ means the committee con9 stituted under sections 4 and 5 of Executive Order 

10 No. 12549.’’. 

11 SEC. 881A. ADDITIONAL BASES FOR SUSPENSION OR DE12 BARMENT. 

13 (a) IN GENERAL.—Not later than 180 days after the 

14 date of the enactment of this Act, the Federal Acquisition 

15 Regulation shall be revised to provide for the automatic re16 ferral of a person described in subsection (b) to the appro17 priate suspension and debarment official for a determina18 tion whether or not the person should be suspended or 

19 debarred. 

20 (b) COVERED PERSONS.—A person described in this 

21 subsection is any person as follows: 

22 (1) A person who has been charged with a Fed23 eral criminal offense relating to the award or per24 formance of a contract of an executive agency. 


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1 (2) A person who has been alleged, in a civil or 

2 criminal proceeding brought by the United States, to 

3 have engaged in fraudulent actions in connection 

4 with the award or performance of a contract of an ex5 ecutive agency. 

6 (3) A person that does not maintain an office 

7 within the United States and has been determined by 

8 the head of a contracting agency of an executive agen9 cy to have failed to pay or refund amounts due or 

10 owed to the Federal Government in connection with 

11 the performance of a contract of the executive agency. 

12 (c) DEFINITIONS.—In this section: 

13 (1) The term ‘‘executive agency’’ has the mean14 ing given that term in section 133 of title 41, United 

15 States Code. 

16 (2) The term ‘‘person’’ has the meaning given 

17 that term in section 1 of title 1, United States Code. 

18 SEC. 882. UNIFORM CONTRACT WRITING SYSTEM REQUIRE19 MENTS. 

20 (a) UNIFORM STANDARDS AND CONTROLS RE21 QUIRED.—Not later than 180 days after the date of the en22 actment of this Act, the officials specified in subsection (b) 

23 shall— 

24 (1) establish uniform data standards, internal 

25 control requirements, independent verification and 


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1 validation requirements, and business process rules 

2 for processing procurement requests, contracts, re3 ceipts, and invoices by the Department of Defense or 

4 other executive agencies, as applicable; 

5 (2) establish and maintain one or more approved 

6 electronic contract writing systems that conform with 

7 the standards, requirements, and rules established 

8 pursuant to paragraph (1); and 

9 (3) require the use of electronic contract writing 

10 systems approved in accordance with paragraph (2) 

11 for all contracts entered into by the Department of 

12 Defense or other executive agencies, as applicable. 

13 (b) COVERED OFFICIALS.—The officials specified in 

14 this subsection are the following: 

15 (1) The Secretary of Defense, with respect to the 

16 Department of Defense and the military departments. 

17 (2) The Administrator of the Office of Federal 

18 Procurement Policy, with respect to the executive 

19 agencies other than the Department of Defense and 

20 the military departments. 

21 (c) ELECTRONIC WRITING SYSTEMS FOR DEPARTMENT

22 OF STATE AND USAID.—Notwithstanding subsection 

23 (b)(2), the Secretary of State and the Administrator of the 

24 United States Agency for International Development may 

25 meet the requirements of subsection (a)(2) with respect to 


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1 approved electronic contract writing systems for the De2 partment of State and the United States Agency for Inter3 national Development, respectively, if the Secretary and the 

4 Administrator, as the case may be, demonstrate to the Ad5 ministrator of the Office of Federal Procurement Policy that 

6 prior investment of resources in existing contract writing 

7 systems will result in the most cost effective and efficient 

8 means to satisfy such requirements. 

9 (d) PHASE-IN OF IMPLEMENTATION OF REQUIREMENT

10 FOR APPROVED SYSTEMS.—The officials specified in sub11 section (b) may phase in the implementation of the require12 ment to use approved electronic contract writing systems 

13 in accordance with subsection (a)(3) over a period of up 

14 to five years beginning with the date of the enactment of 

15 this Act. 

16 (e) REPORTS.—Not later than 180 days after the date 

17 of the enactment of this Act, the officials specified in sub18 section (b) shall each submit to the appropriate committees 

19 of Congress a report on the implementation of the require20 ments of this section. Each report shall, at a minimum— 

21 (1) describe the standards, requirements, and 

22 rules established pursuant to subsection (a)(1); 

23 (2) identify the electronic contract writing sys24 tems approved pursuant to subsection (a)(2) and, if 

25 multiple systems are approved, explain why the use 


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1 of such multiple systems is the most efficient and ef2 fective approach to meet the contract writing needs of 

3 the Federal Government; and 

4 (3) provide the schedule for phasing in the use 

5 of approved electronic contract writing systems in ac6 cordance with subsections (a)(3) and (d). 

7 (f) DEFINITIONS.—In this section: 

8 (1) The term ‘‘appropriate committees of Con9 gress’’ means— 

10 (A) the Committee on Armed Services, the 

11 Committee on Foreign Relations, the Committee 

12 on Homeland Security and Governmental Af13 fairs, and the Committee on Appropriations of 

14 the Senate; and 

15 (B) the Committee on Armed Services, the 

16 Committee on Foreign Affairs, the Committee on 

17 Oversight and Government Reform, and the 

18 Committee on Appropriations of the House of 

19 Representatives. 

20 (2) The term ‘‘executive agency’’ has the mean21 ing given that term in section 133 of title 41, United 

22 States Code. 


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1 SEC. 883. COMPTROLLER GENERAL OF THE UNITED STATES 

2 REVIEW OF USE BY THE DEPARTMENT OF DE3 FENSE, THE DEPARTMENT OF STATE, AND 

4 THE UNITED STATES AGENCY FOR INTER5 NATIONAL DEVELOPMENT OF URGENT AND 

6 COMPELLING EXCEPTION TO COMPETITION. 

7 (a) REVIEW REQUIRED.—The Comptroller General of 

8 the United States shall review each of the following: 

9 (1) The use by the Department of Defense of the 

10 unusual and compelling urgency exception to full and 

11 open competition provided in section 2304(c)(2) of 

12 title 10, United States Code. 

13 (2) The use by each of the Department of State 

14 and the United States Agency for International De15 velopment of the unusual and compelling urgency ex16 ception to full and open competition provided in sec17 tion 3304(a)(2) of title 41, United States Code. 

18 (b) MATTERS TO BE REVIEWED.—The review of the 

19 use of an unusual and compelling urgency exception re20 quired by subsection (a) shall include a review of the fol21 lowing: 

22 (1) The pattern of use of the exception by acqui23 sition organizations within the Department of De24 fense, the Department of State, and the United States 

25 Agency for International Development in order to deVerDate Mar 15 2010 01:32 Dec 07, 2012 Jkt 029200 PO 00000 Frm 00428 Fmt 6652 Sfmt 6203 E:\SENENR\H4310.PP H4310

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1 termine which organizations are commonly using the 

2 exception and the frequency of such use. 

3 (2) The range of items or services being acquired 

4 through the use of the exception. 

5 (3) The process for reviewing and approving jus6 tifications involving the exception. 

7 (4) Whether the justifications for use of the ex8 ception typically meet the relevant requirements of the 

9 Federal Acquisition Regulation applicable to the use 

10 of the exception. 

11 (5) The extent to which the exception is used to 

12 solicit bids or proposals from only one source and the 

13 extent to which such sole-source procurements are ap14 propriately documented and justified. 

15 (6) The compliance of the Department of De16 fense, the Department of State, and the United States 

17 Agency for International Development with the re18 quirements of section 2304(d)(3) of title 10, United 

19 States Code, or section 3304(c)(1)(B) of title 41, 

20 United States Code, as applicable, that limit the du21 ration of contracts awarded pursuant to the exception 

22 and require approval for any such contract in excess 

23 of one year. 

24 (c) REPORT.—Not later than one year after the date 

25 of the enactment of this Act, the Comptroller General shall 


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1 submit to the appropriate committees of Congress a report 

2 on the review required by subsection (a), including a discus3 sion of each of the matters specified in subsection (b). The 

4 report shall include any recommendations relating to the 

5 matters reviewed that the Comptroller General considers ap6 propriate. 

7 (d) APPROPRIATE COMMITTEES OF CONGRESS DE8 FINED.—In this section, the term ‘‘appropriate committees 

9 of Congress’’ means— 

10 (1) the Committee on Armed Services, the Com11 mittee on Foreign Relations, the Committee on Home12 land Security and Governmental Affairs, and the 

13 Committee on Appropriations of the Senate; and 

14 (2) the Committee on Armed Services, the Com15 mittee on Foreign Affairs, the Committee on Over16 sight and Government Reform, and the Committee on 

17 Appropriations of the House of Representatives. 

18 SEC. 884. AUTHORITY TO PROVIDE FEE-FOR-SERVICE IN19 SPECTION AND TESTING BY DEFENSE CON20 TRACT MANAGEMENT AGENCY FOR CERTAIN 

21 CRITICAL EQUIPMENT IN THE ABSENCE OF A 

22 PROCUREMENT CONTRACT. 

23 (a) AUTHORITY.—Section 2539b of title 10, United 

24 States Code, is amended— 

25 (1) in subsection (a)— 


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1 (A) in paragraph (3), by striking ‘‘and’’ at 

2 the end; 

3 (B) in paragraph (4), by striking the period 

4 at the end and inserting ‘‘; and’’; and 

5 (C) by adding at the end the following new 

6 paragraph: 

7 ‘‘(5) make available to any person or entity, in 

8 advance of the award of a procurement contract, 

9 through contracts or other appropriate arrangements 

10 and subject to subsection (c), the services of the De11 fense Contract Management Agency for testing and 

12 inspection of items when such testing and inspection 

13 is determined by such Secretary to be critical to a 

14 specific program of the Department of Defense.’’; 

15 (2) by redesignating subsections (c) and (d) as 

16 subsections (d) and (e), respectively; and 

17 (3) by inserting after subsection (b) the following 

18 new subsection (c): 

19 ‘‘(c) DCMA SERVICES.—Services of the Defense Con20 tract Management Agency may be made available under 

21 subsection (a)(5) only if the contract or other arrangement 

22 for those services— 

23 ‘‘(1) holds the United States harmless if the 

24 items covered by the contract or other arrangement 

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1 tract or other arrangement) are not subsequently or2 dered by or delivered to the United States under a 

3 procurement contract entered into after the contract 

4 or other arrangement is entered into; and 

5 ‘‘(2) holds the United States harmless against 

6 any claim arising out of the inspection and testing, 

7 or the use in any commercial application, of the 

8 equipment tested and inspected by the Defense Con9 tract Management Agency under the contract or other 

10 arrangement.’’. 

11 (b) FEES.—Subsection (d) of such section, as redesig12 nated by subsection (a)(2) of this section, is amended— 

13 (1) in the first sentence, by striking ‘‘and (a)(4)’’ 

14 and inserting ‘‘, (a)(4), and (a)(5)’’; and 

15 (2) in the second sentence— 

16 (A) by inserting ‘‘, travel, and other inci17 dental overhead expenses’’ after ‘‘salaries’’; and 

18 (B) by inserting ‘‘or inspection’’ before the 

19 period at the end. 

20 (c) USE OF FEES.—Subsection (e) of such section, as 

21 so redesignated, is amended by striking ‘‘and (a)(4)’’ and 

22 inserting ‘‘, (a)(4), and (a)(5)’’. 


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1 SEC. 885. DISESTABLISHMENT OF DEFENSE MATERIEL 

2 READINESS BOARD. 

3 (a) DISESTABLISHMENT OF BOARD.—The Defense Ma4 teriel Readiness Board established pursuant to section 871 

5 of the National Defense Authorization Act for Fiscal Year 

6 2008 (Public Law 110–181; 10 U.S.C. 117 note) is hereby 

7 disestablished. 

8 (b) TERMINATION OF STRATEGIC READINESS FUND.— 

9 The Department of Defense Strategic Readiness Fund estab10 lished by section 872(d) of the National Defense Authoriza11 tion Act for Fiscal Year 2008 (10 U.S.C. 117 note) is hereby 

12 closed. 

13 (c) REPEAL.—Subtitle G of title VIII of the National 

14 Defense Authorization Act for Fiscal Year 2008 (10 U.S.C. 

15 117 note) is repealed. 

16 SEC. 886. MODIFICATION OF PERIOD OF WAIT FOLLOWING 

17 NOTICE TO CONGRESS OF INTENT TO CON18 TRACT FOR LEASES OF CERTAIN VESSELS 

19 AND VEHICLES. 

20 Section 2401(h)(2) of title 10, United States Code, is 

21 amended by striking ‘‘of continuous session of Congress’’. 

22 SEC. 887. EXTENSION OF OTHER TRANSACTION AUTHOR23 ITY. 

24 Section 845(i) of the National Defense Authorization 

25 Act for Fiscal Year 1994 (10 U.S.C. 2371 note) is amended 


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1 by striking ‘‘September 30, 2013’’ and inserting ‘‘September 

2 30, 2018’’. 

3 SEC. 888. SUBCONTRACTOR NOTIFICATIONS. 

4 Section 8(d) of the Small Business Act (15 U.S.C. 

5 637(d)) is amended by adding at the end the following: 

6 ‘‘(13) NOTIFICATION REQUIREMENT.—An offeror with 

7 respect to a contract let by a Federal agency that is to be 

8 awarded pursuant to the negotiated method of procurement 

9 that intends to identify a small business concern as a poten10 tial subcontractor in the offer relating to the contract shall 

11 notify the small business concern that the offeror intends 

12 to identify the small business concern as a potential subcon13 tractor in the offer. 

14 ‘‘(14) REPORTING BY SUBCONTRACTORS.—The Ad15 ministrator shall establish a reporting mechanism that al16 lows a subcontractor to report fraudulent activity by a con17 tractor with respect to a subcontracting plan submitted to 

18 a procurement authority under paragraph (4)(B).’’. 

19 SEC. 889. REPORT BY THE SUSPENSION AND DEBARMENT 

20 OFFICIALS OF THE MILITARY DEPARTMENTS 

21 AND THE DEFENSE LOGISTICS AGENCY. 

22 (a) REPORT REQUIRED.—Not later than 60 days after 

23 the date of the enactment of this Act, the suspension and 

24 debarment official of each agency specified in subsection (b) 

25 shall submit to the congressional defense committees a reVerDate Mar 15 2010 01:32 Dec 07, 2012 Jkt 029200 PO 00000 Frm 00434 Fmt 6652 Sfmt 6203 E:\SENENR\H4310.PP H4310

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1 port on the suspension and debarment activities of such offi2 cial containing the information specified in subsection (c). 

3 (b) COVERED AGENCIES.—The agencies specified in 

4 this subsection are the following: 

5 (1) The Department of the Army. 

6 (2) The Department of the Navy. 

7 (3) The Department of the Air Force. 

8 (4) The Defense Logistics Agency. 

9 (c) COVERED INFORMATION.—The information speci10 fied in this subsection to be included in the report of a sus11 pension and debarment official under subsection (a) is the 

12 following: 

13 (1) The number of open suspension and debar14 ment cases of such official as of the date of such re15 port. 

16 (2) The current average processing time for sus17 pension and debarment cases. 

18 (3) The target goal of such official for average 

19 processing time for suspension and debarment pro20 posals. 

21 (4) If the average time required for such official 

22 to process suspension and debarment proposals is 

23 more than twice the target goal specified under para24 graph (3)— 


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1 (A) an explanation why the average time 

2 exceeds the target goal by more than twice the 

3 target goal; and 

4 (B) a description of the actions to be taken 

5 by such official to ensure that the average proc6 essing time for suspension and debarment pro7 posals meets the target goal. 

8 SEC. 889A. STUDY ON ARMY SMALL ARMS AND AMMUNITION 

9 ACQUISITION. 

10 (a) STUDY.— 

11 (1) IN GENERAL.—Not later than 30 days after 

12 the date of the enactment of this Act, the Secretary of 

13 Defense shall enter into a contract with a Federally 

14 Funded Research and Development Center to conduct 

15 a study on the Army’s acquisition of small arms and 

16 ammunition to determine each of the following: 

17 (A) A comparative evaluation of the current 

18 military small arms in use by United States 

19 general purpose and special operations forces, al20 lied foreign militaries, and those potential can21 didate small arms not necessarily in use mili22 tarily but available commercially. 

23 (B) An assessment of the Department of De24 fense’s current plans to modernize its small arms 

25 capabilities. 


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1 (C) A comparative evaluation of the Army’s 

2 standard small arms ammunition with other 

3 small arms ammunition alternatives. 

4 (2) FACTORS TO CONSIDER.—The study required 

5 under subsection (a) shall take into consideration the 

6 following factors: 

7 (A) Current and future operating environ8 ments as specified or referred to in Department 

9 of Defense strategic guidance and planning docu10 ments. 

11 (B) Modifications and improvements re12 cently applied to United States general purpose 

13 and special operations forces small arms as well 

14 as their potential for continued modification and 

15 improvement. 

16 (C) Industrial base impacts. 

17 (3) ACCESS TO INFORMATION.—The Secretary of 

18 Defense and the Secretary of the Army shall ensure 

19 that the Federally Funded Research and Development 

20 Center conducting the study required under subsection 

21 (a) has access to all necessary data, records, analysis, 

22 personnel, and other resources necessary to complete 

23 the study. 

24 (b) REPORT.— 


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1 (1) IN GENERAL.—Not later than September 30, 

2 2013, the Secretary of Defense shall submit to the con3 gressional defense committees a report containing the 

4 results of the study conducted under subsection (a), 

5 together with the comments of the Secretary of Defense 

6 on the findings contained in the study. 

7 (2) CLASSIFIED ANNEX.—The report shall be in 

8 unclassified form, but may contain a classified annex. 

9 (c) DEFINITIONS.—In this section: 

10 (1) The term ‘‘small arms’’ means— 

11 (A) firearms up to but not including .50 

12 caliber; and 

13 (B) shotguns. 

14 (2) The term ‘‘small arms ammunition’’ means 

15 ammunition or ordnance for— 

16 (A) firearms up to but not including .50 

17 caliber; and 

18 (B) shotguns. 

19 SEC. 889B. ANNUAL REPORT ON DEFENSE CONTRACTING 

20 FRAUD. 

21 (a) ANNUAL STUDY AND REPORT.—The Secretary of 

22 Defense shall conduct an annual study on defense con23 tracting fraud and submit a report containing the findings 

24 of such study to the congressional defense committees. 


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1 (b) REPORT CONTENTS.—The report required under 

2 subsection (a) shall include with respect to the most recent 

3 reporting period the following elements: 

4 (1) An assessment of the total value of Depart5 ment of Defense contracts entered into to with con6 tractors that have been indicted for, settled charges of, 

7 been fined by any Federal department or agency for, 

8 or been convicted of fraud in connection with any 

9 contract or other transaction entered into with the 

10 Federal Government. 

11 (2) Recommendations by the Inspector General 

12 of the Department of Defense or other appropriate De13 partment of Defense official regarding how to penalize 

14 contractors repeatedly involved in fraud in connection 

15 with contracts or other transactions entered into with 

16 the Federal Government, including an update on im17 plementation by the Department of any previous such 

18 recommendations. 

19 SEC. 889C. PLAN TO INCREASE NUMBER OF CONTRACTORS 

20 ELIGIBLE FOR CONTRACTS UNDER AIR 

21 FORCE NETCENTS-2 CONTRACT. 

22 (a) PLAN REQUIRED.—Not later than 180 days after 

23 the date of the enactment of this Act, the Secretary of De24 fense shall submit to the congressional defense committees 

25 a plan to increase the number of contractors eligible to be 


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1 awarded contracts under the Air Force’s Network-Centric 

2 Solutions-2 (NETCENTS-2) indefinite-delivery, indefinite3 quantity (IDIQ) contract. 

4 (b) CONTENT.—The plan required under subsection (a) 

5 shall include the following elements: 

6 (1) A recommendation and rationale for a max7 imum number of contractors to be eligible for contract 

8 awards under NETCENTS-2 to foster competition 

9 and reduce overall costs associated with hardware and 

10 operation and maintenance of Air Networks. 

11 (2) The methodology used to periodically review 

12 existing eligible NETCENTS-2 contractors and con13 tracts. 

14 (3) A timeline to increase the current number of 

15 eligible contractors under NETCENTS-2 and dates of 

16 future ‘‘on-ramps’’ under NETCENTS-2 to assess 

17 current eligible contractors and add additional eligi18 ble contractors. 

19 SEC. 889D. INCLUSION OF INFORMATION ON COMMON 

20 GROUNDS FOR SUSTAINING BID PROTESTS IN 

21 ANNUAL GOVERNMENT ACCOUNTABILITY OF22 FICE REPORTS TO CONGRESS. 

23 The Comptroller General of the United States shall in24 clude in the annual report to Congress on the Government 

25 Accountability Office each year a list of the most common 


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1 grounds for sustaining protests relating to bids for contracts 

2 during such year. 

3 SEC. 889E. SMALL BUSINESS HUBZONES. 

4 (a) DEFINITION.—In this section, the term ‘‘covered 

5 base closure area’’ means a base closure area that, on or 

6 before the date of enactment of this Act, was treated as a 

7 HUBZone for purposes of the Small Business Act (15 

8 U.S.C. 631 et seq.) pursuant to section 152(a)(2) of the 

9 Small Business Reauthorization and Manufacturing Assist10 ance Act of 2004 (15 U.S.C. 632 note). 

11 (b) TREATMENT AS HUBZONE.— 

12 (1) IN GENERAL.—Subject to paragraph (2), a 

13 covered base closure area shall be treated as a 

14 HUBZone for purposes of the Small Business Act (15 

15 U.S.C. 631 et seq.) during the 5-year period begin16 ning on the date of enactment of this Act. 

17 (2) LIMITATION.—The total period of time that 

18 a covered base closure area is treated as a HUBZone 

19 for purposes of the Small Business Act (15 U.S.C. 631 

20 et seq.) pursuant to this section and section 152(a)(2) 

21 of the Small Business Reauthorization and Manufac22 turing Assistance Act of 2004 (15 U.S.C. 632 note) 

23 may not exceed 5 years. 


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1 Subtitle F—Ending Trafficking in 

2 Government Contracting 

3 SEC. 891. SHORT TITLE. 

4 This subtitle may be cited as the ‘‘End Trafficking in 

5 Government Contracting Act of 2012’’. 

6 SEC. 892. DEFINITIONS. 

7 In this subtitle: 

8 (1) COMMERCIAL SEX ACT.—The term ‘‘commer9 cial sex act’’ has the meaning given the term in sec10 tion 22.1702 of the Federal Acquisition Regulation 

11 (or any similar successor regulation). 

12 (2) EXECUTIVE AGENCY.—The term ‘‘executive 

13 agency’’ has the meaning given the term in section 

14 133 of title 41, United States Code. 

15 (3) SUBCONTRACTOR.—The term ‘‘subcontractor’’ 

16 means a recipient of a contract at any tier under a 

17 grant, contract, or cooperative agreement. 

18 (4) SUBGRANTEE.—The term ‘‘subgrantee’’ 

19 means a recipient of a grant at any tier under a 

20 grant or cooperative agreement. 

21 (5) UNITED STATES.—The term ‘‘United States’’ 

22 has the meaning provided in section 103(12) of the 

23 Trafficking Victims Protection Act of 2000 (22 U.S.C. 

24 7102(12)). 


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1 SEC. 893. CONTRACTING REQUIREMENTS. 

2 (a) IN GENERAL.—Section 106(g) of the Trafficking 

3 Victims Protection Act of 2000 (22 U.S.C. 7104(g)) is 

4 amended by striking ‘‘if the grantee or any subgrantee,’’ 

5 and all that follows through the period at the end and in6 serting the following: ‘‘or take any of the other remedial 

7 actions authorized under section 895(c) of the End Traf8 ficking in Government Contracting Act of 2012, if the 

9 grantee or any subgrantee, or the contractor or any subcon10 tractor, engages in, or uses labor recruiters, brokers, or other 

11 agents who engage in— 

12 ‘‘(i) severe forms of trafficking in per13 sons; 

14 ‘‘(ii) the procurement of a commercial 

15 sex act during the period of time that the 

16 grant, contract, or cooperative agreement is 

17 in effect; 

18 ‘‘(iii) the use of forced labor in the per19 formance of the grant, contract, or coopera20 tive agreement, or 

21 ‘‘(iv) acts that directly support or ad22 vance trafficking in persons, including the 

23 following acts: 

24 ‘‘(I) Destroying, concealing, re25 moving, confiscating, or otherwise de26 nying an employee access to that emVerDate Mar 15 2010 01:32 Dec 07, 2012 Jkt 029200 PO 00000 Frm 00443 Fmt 6652 Sfmt 6203 E:\SENENR\H4310.PP H4310

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1 ployee’s identity or immigration docu2 ments. 

3 ‘‘(II) Failing to pay return trans4 portation costs to an employee upon 

5 the end of employment, unless— 

6 ‘‘(aa) exempted from the 

7 duty to repatriate by the Federal 

8 department or agency providing 

9 or entering into the grant, con10 tract, or cooperative agreement; or 

11 ‘‘(bb) the employee is a vic12 tim of human trafficking seeking 

13 victim services or legal redress in 

14 the country of employment or a 

15 witness in a human trafficking 

16 enforcement action. 

17 ‘‘(III) Soliciting a person for the 

18 purpose of employment, or offering em19 ployment, by means of materially false 

20 or fraudulent pretenses, representa21 tions, or promises regarding that em22 ployment. 

23 ‘‘(IV) Charging recruited employ24 ees unreasonable placement or recruit25 ment fees, such as fees equal to or 


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1 greater than the employee’s monthly 

2 salary, or recruitment fees that violate 

3 the laws of the country from which an 

4 employee is recruited. 

5 ‘‘(V) Providing or arranging 

6 housing that fails to meet the host 

7 country housing and safety stand8 ards.’’. 

9 (b) EFFECTIVE DATE.—The amendment made by sub10 section (a) shall take effect 90 days after the date of the 

11 enactment of this Act. 

12 SEC. 894. COMPLIANCE PLAN AND CERTIFICATION RE13 QUIREMENT. 

14 (a) REQUIREMENT.—The head of an executive agency 

15 may not provide or enter into a grant, contract, or coopera16 tive agreement if the estimated value of the services required 

17 to be performed under the grant, contract, or cooperative 

18 agreement outside the United States exceeds $500,000, un19 less a duly designated representative of the recipient of such 

20 grant, contract, or cooperative agreement certifies to the 

21 contracting or grant officer prior to receiving an award and 

22 on an annual basis thereafter, after having conducted due 

23 diligence, that— 

24 (1) the recipient has implemented a plan to pre25 vent the activities described in section 106(g) of the 


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1 Trafficking Victims Protection Act of 2000 (22 U.S.C. 

2 7104(g)), as amended by section 3, and is in compli3 ance with that plan; 

4 (2) the recipient has implemented procedures to 

5 prevent any activities described in such section 106(g) 

6 and to monitor, detect, and terminate any subcon7 tractor, subgrantee, or employee of the recipient en8 gaging in any activities described in such section; 

9 and 

10 (3) to the best of the representative’s knowledge, 

11 neither the recipient, nor any subcontractor or sub12 grantee of the recipient or any agent of the recipient 

13 or of such a subcontractor or subgrantee, is engaged 

14 in any of the activities described in such section. 

15 (b) LIMITATION.—Any plan or procedures imple16 mented pursuant to subsection (a) shall be appropriate to 

17 the size and complexity of the grant, contract, or cooperative 

18 agreement and to the nature and scope of its activities, in19 cluding the number of non-United States citizens expected 

20 to be employed. 

21 (c) DISCLOSURE.—The recipient shall provide a copy 

22 of the plan to the contracting or grant officer upon request, 

23 and as appropriate, shall post the useful and relevant con24 tents of the plan or related materials on its website and 

25 at the workplace. 


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1 (d) GUIDANCE.—The President, in consultation with 

2 the Secretary of State, the Attorney General, the Secretary 

3 of Defense, the Secretary of Labor, the Secretary of Home4 land Security, the Administrator for the United States 

5 Agency for International Development, and the heads of 

6 such other executive agencies as the President deems appro7 priate, shall establish minimum requirements for contractor 

8 plans and procedures to be implemented pursuant to this 

9 section. 

10 (e) REGULATIONS.—Not later than 270 days after the 

11 date of the enactment of this Act, the Federal Acquisition 

12 Regulation shall be amended to carry out the purposes of 

13 this section. 

14 (f) EFFECTIVE DATE.—The requirements under sub15 section (a) and (c) shall apply to grants, contracts, and 

16 cooperative agreements entered into on or after the date that 

17 is 90 days after the Federal Acquisition Regulation is 

18 amended pursuant to subsection (e). 

19 SEC. 895. MONITORING AND INVESTIGATION OF TRAF20 FICKING IN PERSONS. 

21 (a) REFERRAL AND INVESTIGATION.— 

22 (1) REFERRAL.—If the contracting or grant offi23 cer of an executive agency for a grant, contract, or co24 operative agreement receives credible information that 

25 a recipient of the grant, contract, or cooperative 


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1 agreement; any subgrantee or subcontractor of the re2 cipient; or any agent of the recipient or of such a sub3 grantee or subcontractor, has engaged in an activity 

4 described in section 106(g) of the Trafficking Victims 

5 Protection Act of 2000 (22 U.S.C. 7104(g)), as 

6 amended by section 893, including a report from a 

7 contracting officer representative, an auditor, an al8 leged victim or victim’s representative, or any other 

9 credible source, the contracting or grant officer shall 

10 promptly refer the matter to the agency’s Office of In11 spector General for investigation. The contracting of12 ficer may also direct the contractor to take specific 

13 steps to abate an alleged violation or enforce the re14 quirements of a compliance plan implemented pursu15 ant to section 894. 

16 (2) INVESTIGATION.—Where appropriate, an In17 spector General who receives credible information that 

18 a recipient of the grant, contract, or cooperative 

19 agreement; any subgrantee or subcontractor of the re20 cipient; or any agent of the recipient or of such a sub21 grantee or subcontractor, has engaged in an activity 

22 described in section 106(g) of the Trafficking Victims 

23 Protection Act of 2000 (22 U.S.C. 7104(g)), as 

24 amended by section 893, pursuant to a referral under 

25 paragraph (1) or otherwise, shall promptly initiate 


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1 an investigation of the matter. In the event that an 

2 Inspector General does not initiate an investigation, 

3 the Inspector General shall provide an explanation 

4 for the decision not to investigate. 

5 (3) CRIMINAL INVESTIGATION.—If the matter is 

6 referred to the Department of Justice for criminal 

7 prosecution, the Inspector General may suspend any 

8 investigation under this subsection pending the out9 come of the criminal prosecution. If the criminal in10 vestigation results in an indictment of the recipient 

11 of a contract, grant, or cooperative agreement; any 

12 subgrantee or subcontractor of the recipient; or any 

13 agent of the recipient or of a subgrantee or subcon14 tractor, the Inspector General shall notify the head of 

15 the executive agency that awarded the contract, grant, 

16 or cooperative agreement of the indictment. If the 

17 criminal investigation results in a decision not to 

18 prosecute, the Inspector General shall resume any in19 vestigation that was suspended pursuant to this para20 graph. 

21 (b) REPORT AND DETERMINATION.— 

22 (1) REPORT.—Upon completion of an investiga23 tion under subsection (a), the Inspector General shall 

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1 tract, or cooperative agreement; any subcontractor or 

2 subgrantee of the recipient; or any agent of the recipi3 ent or of such a subcontractor or subgrantee, engaged 

4 in any of the activities described in section 106(g) of 

5 the Trafficking Victims Protection Act of 2000 (22 

6 U.S.C. 7104(g)), as amended by section 893, to the 

7 head of the executive agency that awarded the con8 tract, grant, or cooperative agreement. 

9 (2) DETERMINATION.—Upon receipt of an In10 spector General’s report pursuant to paragraph (1), 

11 the head of the executive agency shall make a written 

12 determination whether the recipient of a contract, 

13 grant, or cooperative agreement; any subgrantee or 

14 subcontractor of the recipient; or any agent of the re15 cipient or of a subgrantee or subcontractor, engaged 

16 in any of the activities described in section 106(g) of 

17 the Trafficking Victims Protection Act of 2000 (22 

18 U.S.C. 7104(g)), as amended by section 893. 

19 (c) REMEDIAL ACTIONS.— 

20 (1) IN GENERAL.—If the head of an executive 

21 agency determines pursuant to subsection (b)(2) that 

22 the recipient of a contract, grant, or cooperative 

23 agreement; any subgrantee or subcontractor of the re24 cipient; or any agent of the recipient or of a sub25 grantee or subcontractor, engaged in any of the acVerDate Mar 15 2010 01:32 Dec 07, 2012 Jkt 029200 PO 00000 Frm 00450 Fmt 6652 Sfmt 6203 E:\SENENR\H4310.PP H4310

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1 tivities described in section 106(g) of the Trafficking 

2 Victims Protection Act of 2000 (22 U.S.C. 7104(g)), 

3 as amended by section 893, or is notified of an indict4 ment for an offense under subsection (a)(3), the head 

5 of agency shall consider taking one or more of the fol6 lowing remedial actions: 

7 (A) Requiring the recipient to remove an 

8 employee from the performance of work under the 

9 grant, contract, or cooperative agreement. 

10 (B) Requiring the recipient to terminate a 

11 subcontract or subgrant. 

12 (C) Suspending payments under the grant, 

13 contract, or cooperative agreement until such 

14 time as the recipient of the grant, contract, or 

15 cooperative agreement has taken appropriate re16 medial action. 

17 (D) Withholding award fees, consistent with 

18 the award fee plan, for the performance period 

19 in which the agency determined the contractor or 

20 subcontractor engaged in any of the activities de21 scribed in such section 106(g). 

22 (E) Declining to exercise available options 

23 under the contract. 


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1 (F) Terminating the contract for default or 

2 cause, in accordance with the termination clause 

3 for the contract. 

4 (G) Referring the matter to the agency sus5 pension and debarment official. 

6 (2) SAVINGS CLAUSE.—Nothing in this sub7 section shall be construed as limiting the scope of ap8 plicable remedies available to the Federal Govern9 ment. 

10 (3) MITIGATING FACTOR.—Where applicable, the 

11 head of an executive agency may consider whether the 

12 contractor or grantee had a plan in place under sec13 tion 894, and was in compliance with that plan at 

14 the time of the violation, as a mitigating factor in de15 termining which remedies, if any, should apply. 

16 (4) AGGRAVATING FACTOR.—Where applicable, 

17 the head of an executive agency may consider the fail18 ure of a contractor or grantee to abate an alleged vio19 lation or enforce the requirements of a compliance 

20 plan when directed by a contracting officer pursuant 

21 to subsection (a)(1) as an aggravating factor in deter22 mining which remedies, if any, should apply. 

23 (d) INCLUSION OF REPORT CONCLUSIONS IN

24 FAPIIS.— 


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1 (1) IN GENERAL.—The head of an executive 

2 agency shall ensure that any written determination 

3 under subsection (b) is included in the Federal 

4 Awardee Performance and Integrity Information Sys5 tem (FAPIIS). 

6 (2) AMENDMENT TO TITLE 41, UNITED STATES

7 CODE.—Section 2313(c)(1)(E) of title 41, United 

8 States Code, is amended to read as follows: 

9 ‘‘(E) In an administrative proceeding— 

10 ‘‘(i) a final determination of contractor 

11 fault by the Secretary of Defense pursuant 

12 to section 823(d) of the National Defense 

13 Authorization Act for Fiscal Year 2010 (10 

14 U.S.C. 2302 note; Public Law 111–84); or 

15 ‘‘(ii) a final determination, pursuant 

16 to section 895(b)(2) of the End Trafficking 

17 in Government Contracting Act of 2012, 

18 that the contractor, a subcontractor, or an 

19 agent of the contractor or subcontractor en20 gaged in any of the activities described in 

21 section 106(g) of the Trafficking Victims 

22 Protection Act of 2000 (22 U.S.C. 

23 7104(g)).’’. 


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1 SEC. 896. NOTIFICATION TO INSPECTORS GENERAL AND 

2 COOPERATION WITH GOVERNMENT. 

3 (a) IN GENERAL.—The head of an executive agency 

4 making or awarding a grant, contract, or cooperative agree5 ment shall require that the recipient of the grant, contract, 

6 or cooperative agreement— 

7 (1) immediately inform the Inspector General of 

8 the executive agency of any information it receives 

9 from any source that alleges credible information that 

10 the recipient; any subcontractor or subgrantee of the 

11 recipient; or any agent of the recipient or of such a 

12 subcontractor or subgrantee, has engaged in conduct 

13 described in section 106(g) of the Trafficking in Vic14 tims Protection Act of 2000 (22 U.S.C. 7104(g)), as 

15 amended by section 3 of this Act; and 

16 (2) fully cooperate with any Federal agencies re17 sponsible for audits, investigations, or corrective ac18 tions relating to trafficking in persons. 

19 (b) EFFECTIVE DATE.—The amendment made by sub20 section (a) shall take effect 90 days after the date of the 

21 enactment of this Act. 

22 SEC. 897. EXPANSION OF FRAUD IN FOREIGN LABOR CON23 TRACTING TO INCLUDE ATTEMPTED FRAUD 

24 AND WORK OUTSIDE THE UNITED STATES. 

25 (a) IN GENERAL.—Section 1351 of title 18, United 

26 States Code, is amended— 


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1 (1) by striking ‘‘Whoever knowingly and with the 

2 intent to defraud recruits, solicits or hires a person 

3 outside the United States’’ and inserting ‘‘(a) WORK

4 INSIDE THE UNITED STATES.—Whoever knowingly 

5 and with the intent to defraud recruits, solicits, or 

6 hires a person outside the United States, or attempts 

7 to do so,’’; and 

8 (2) by adding at the end the following new sub9 section: 

10 ‘‘(b) WORK OUTSIDE THE UNITED STATES.—Whoever 

11 knowingly and with intent to defraud recruits, solicits, or 

12 hires a person outside the United States, or attempts to do 

13 so, for purposes of employment performed on a United 

14 States Government contract performed outside the United 

15 States, or on a United States military installation or mis16 sion outside the United States or other property or premises 

17 outside the United States owned or controlled by the United 

18 States Government, by means of materially false or fraudu19 lent pretenses, representations, or promises regarding that 

20 employment, shall be fined under this title or imprisoned 

21 for not more than 5 years, or both.’’. 

22 (b) SPECIAL RULE FOR ALIEN VICTIMS.—No alien 

23 may be admitted to the United States pursuant to subpara24 graph (U) of section 101(a)(15) of the Immigration and Na25 tionality Act (8 U.S.C. 1101(a)(15)) as a result of the alien 


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1 being a victim of a crime described in subsection (b) of sec2 tion 1351 of title 18, United States Code, as added by sub3 section (a). 

4 SEC. 898. IMPROVING DEPARTMENT OF DEFENSE ACCOUNT5 ABILITY FOR REPORTING TRAFFICKING IN 

6 PERSONS CLAIMS AND VIOLATIONS. 

7 Section 105(d)(7)(H) of the Trafficking Victims Pro8 tection Act of 2000 (22 U.S.C. 7103(d)(7)(H)) is amend9 ed— 

10 (1) in clause (ii), by striking ‘‘and’’ at the end; 

11 (2) by redesignating clause (iii) as clause (iv); 

12 (3) by inserting after clause (ii) the following 

13 new clause: 

14 ‘‘(iii) all known trafficking in persons 

15 cases reported to the Under Secretary of De16 fense for Personnel and Readiness;’’; 

17 (4) in clause (iv), as redesignated by paragraph 

18 (2), by inserting ‘‘and’’ at the end after the semicolon; 

19 and 

20 (5) by adding at the end the following new 

21 clause: 

22 ‘‘(v) all trafficking in persons activities 

23 of contractors reported to the Under Sec24 retary of Defense for Acquisition, Tech25 nology, and Logistics;’’. 


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1 SEC. 899. RULES OF CONSTRUCTION. 

2 (a) LIABILITY.—Excluding section 897, nothing in 

3 this subtitle shall be construed to supersede, enlarge, or di4 minish the common law or statutory liabilities of any 

5 grantee, subgrantee, contractor, subcontractor, or other 

6 party covered by section 106(g) of the Trafficking Victims 

7 Protection Act of 2000 (22 U.S.C. 7104(g)), as amended by 

8 section 893. 

9 (b) AUTHORITY OF DEPARTMENT OF JUSTICE.—Noth10 ing in this subtitle shall be construed as diminishing or 

11 otherwise modifying the authority of the Attorney General 

12 to investigate activities covered by this subtitle. 

13 (c) PROSPECTIVE EFFECT.—Nothing in this subtitle, 

14 or the amendments made by this subtitle, shall be construed 

15 to apply to a contract or grant entered into or renewed be16 fore the date of the enactment of this subtitle. 


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1 TITLE IX—DEPARTMENT OF DE2 FENSE ORGANIZATION AND 

3 MANAGEMENT 

4 Subtitle A—Department of Defense 

5 Management 

6 SEC. 901. DEFINITION AND REPORT ON TERMS ‘‘PREPARA7 TION OF THE ENVIRONMENT’’ AND ‘‘OPER8 ATIONAL PREPARATION OF THE ENVIRON9 MENT’’ FOR JOINT DOCTRINE PURPOSES. 

10 (a) DEFINITIONS REQUIRED.—Not later than 90 days 

11 after the date of the enactment of this Act, the Secretary 

12 of Defense shall define for purposes of joint doctrine the fol13 lowing terms: 

14 (1) The term ‘‘preparation of the environment’’. 

15 (2) The term ‘‘operational preparation of the en16 vironment’’. 

17 (b) REPORT REQUIRED.—Not later than 180 days 

18 after the date of the enactment of this Act, the Secretary 

19 shall submit to the Committees on Armed Services of the 

20 Senate and the House of Representatives a report on the 

21 terms defined under subsection (a). The report shall include 

22 the following: 

23 (1) The definition of the term ‘‘preparation of 

24 the environment’’ pursuant to subsection (a). 


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1 (2) Examples of activities meeting the definition 

2 of the term ‘‘preparation of the environment’’ by spe3 cial operations forces and general purpose forces. 

4 (3) The definition of the term ‘‘operational prep5 aration of the environment’’ pursuant to subsection 

6 (a). 

7 (4) Examples of activities meeting the definition 

8 of the term ‘‘operational preparation of the environ9 ment’’ by special operations forces and general pur10 pose forces. 

11 (5) An assessment of the appropriate roles of spe12 cial operations forces and general purpose forces in 

13 conducting activities meeting the definition of the 

14 term ‘‘preparation of the environment’’ and the defi15 nition of the term ‘‘operational preparation of the en16 vironment’’. 

17 SEC. 902. EXPANSION OF DUTIES AND RESPONSIBILITIES 

18 OF THE NUCLEAR WEAPONS COUNCIL. 

19 (a) GUIDANCE ON NUCLEAR COMMAND, CONTROL, AND

20 COMMUNICATIONS SYSTEMS.—Subsection (d) of section 179 

21 of title 10, United States Code, is amended— 

22 (1) by redesignating paragraph (10) as para23 graph (11); and 

24 (2) by inserting after paragraph (9) the fol25 lowing new paragraph (10): 


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1 ‘‘(10) Providing programmatic guidance on nu2 clear command, control and communications sys3 tems.’’. 

4 (b) BUDGET AND FUNDING MATTERS.—Such section 

5 is further amended— 

6 (1) by redesignating subsection (f) as subsection 

7 (g); and 

8 (2) by inserting after subsection (e) the following 

9 new subsection (f): 

10 ‘‘(f) BUDGET AND FUNDING MATTERS.—(1) The Coun11 cil shall submit to Congress each year, at the same time 

12 the budget of the President for the fiscal year beginning in 

13 such year is submitted to Congress pursuant to section 

14 1105(a) of title 31, a certification whether or not the 

15 amounts requested for the National Nuclear Security Ad16 ministration in such budget, and anticipated over the four 

17 fiscal years following such budget, meets nuclear stockpile 

18 and stockpile stewardship program requirements for such 

19 fiscal year and over such four fiscal years. If a member 

20 of the Council does not concur in a certification, the certifi21 cation shall include the reasons for the member’s non-con22 currence. 

23 ‘‘(2) If a House of Congress adopts a bill authorizing 

24 or appropriating funds for the National Nuclear Security 

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1 ship program activities or other activities that, as deter2 mined by the Council, provides insufficient funds for such 

3 activities for the period covered by such bill, the Council 

4 shall notify the congressional defense committees of the de5 termination.’’. 

6 SEC. 903. FAILURE OF THE DEPARTMENT OF DEFENSE TO 

7 OBTAIN AUDITS WITH AN UNQUALIFIED OPIN8 ION ON ITS FINANCIAL STATEMENTS BY FIS9 CAL YEAR 2017. 

10 If the Department of Defense fails to obtain an audit 

11 with an unqualified opinion on its financial statements for 

12 fiscal year 2017, the following shall take effect, effective as 

13 of the date of the issuance of the opinion on such audit: 

14 (1) REORGANIZATION OF RESPONSIBILITIES OF

15 CHIEF MANAGEMENT OFFICER.— 

16 (A) POSITION OF CHIEF MANAGEMENT OFFI17 CER.—Section 132a of title 10, United States 

18 Code, is amended to read as follows: 

19 ‘‘§ 132a. Chief Management Officer 

20 ‘‘(a) IN GENERAL.—(1) There is a Chief Management 

21 Officer of the Department of Defense, appointed from civil22 ian life by the President, by and with the advice and con23 sent of the Senate. 

24 ‘‘(2) Any individual nominated for appointment as 

25 Chief Management Officer shall be an individual who has— 


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1 ‘‘(A) extensive executive level leadership and 

2 management experience in the public or private sec3 tor; 

4 ‘‘(B) strong leadership skills; 

5 ‘‘(C) a demonstrated ability to manage large and 

6 complex organizations; and 

7 ‘‘(D) a proven record in achieving positive oper8 ational results. 

9 ‘‘(b) POWERS AND DUTIES.—The Chief Management 

10 Officer shall perform such duties and exercise such powers 

11 as the Secretary of Defense may prescribe. 

12 ‘‘(c) SERVICE AS CHIEF MANAGEMENT OFFICER.—(1) 

13 The Chief Management Officer is the Chief Management Of14 ficer of the Department of Defense. 

15 ‘‘(2) In serving as the Chief Management Officer of the 

16 Department of Defense, the Chief Management Officer shall 

17 be responsible for the management and administration of 

18 the Department of Defense with respect to the following: 

19 ‘‘(A) The expenditure of funds, accounting, and 

20 finance. 

21 ‘‘(B) Procurement, including procurement of any 

22 enterprise resource planning (ERP) system and any 

23 information technology (IT) system that is a finan24 cial feeder system, human resources system, or logis25 tics system. 


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1 ‘‘(C) Facilities, property, nonmilitary equip2 ment, and other resources. 

3 ‘‘(D) Strategic planning, and annual perform4 ance planning, and identification and tracking of 

5 performance measures. 

6 ‘‘(E) Internal audits and management analyses 

7 of the programs and activities of the Department, in8 cluding the Defense Contract Audit Agency. 

9 ‘‘(F) Such other areas or matters as the Sec10 retary of Defense may designate. 

11 ‘‘(3) The head of the Defense Contract Audit Agency 

12 shall be under the supervision of, and shall report directly 

13 to, the Chief Management Officer. 

14 ‘‘(d) PRECEDENCE.—The Chief Management Officer 

15 takes precedence in the Department of Defense after the Sec16 retary of Defense and the Deputy Secretary of Defense.’’. 

17 (B) CONFORMING AMENDMENTS.— 

18 (i) Section 131(b) of title 10, United 

19 States Code, is amended— 

20 (I) by striking paragraph (3); 

21 (II) by redesignating paragraph 

22 (2) as paragraph (3); and 

23 (III) by inserting after paragraph 

24 (1) the following new paragraph (2): 


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1 ‘‘(2) The Chief Management Officer of the De2 partment of Defense.’’. 

3 (ii) Section 132 of such title is amend4 ed— 

5 (I) by striking subsection (c); and 

6 (II) by redesignating subsections 

7 (d) and (e) as subsections (c) and (d), 

8 respectively. 

9 (iii) Section 133(e)(1) of such title is 

10 amended by striking ‘‘and the Deputy Sec11 retary of Defense’’ and inserting ‘‘, the Dep12 uty Secretary of Defense, and the Chief 

13 Management Officer of the Department of 

14 Defense’’. 

15 (iv) Such title is further amended by 

16 inserting ‘‘the Chief Management Officer of 

17 the Department of Defense,’’ after ‘‘the Dep18 uty Secretary of Defense,’’ each place it ap19 pears in the provisions as follows: 

20 (I) Section 133(e)(2). 

21 (II) Section 134(c). 

22 (v) Section 137a(d) of such title is 

23 amended by striking ‘‘the Secretaries of the 

24 military departments,’’ and all that follows 

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1 cer of the Department of Defense, the Secre2 taries of the military departments, and the 

3 Under Secretaries of Defense.’’. 

4 (vi) Section 138(d) of such title is 

5 amended by striking ‘‘the Secretaries of the 

6 military departments,’’ and all that follows 

7 through the period and inserting ‘‘the Chief 

8 Management Officer of the Department of 

9 Defense, the Secretaries of the military de10 partments, the Under Secretaries of Defense, 

11 and the Director of Defense Research and 

12 Engineering.’’. 

13 (C) CLERICAL AMENDMENT.—The table of 

14 sections at the beginning of chapter 4 of such 

15 title is amended by striking the item relating to 

16 section 132a and inserting the following new 

17 item: 

‘‘132a. Chief Management Officer.’’. 

18 (D) EXECUTIVE SCHEDULE.—Section 5313 

19 of title 5, United States Code, is amended by 

20 adding at the end the following: 

21 ‘‘Chief Management Officer of the Department of 

22 Defense.’’. 

23 (E) REFERENCE IN LAW.—Any reference in 

24 any provision of law to the Chief Management 

25 Officer of the Department of Defense shall be 


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1 deemed to refer to the Chief Management Officer 

2 of the Department of Defense under section 132a 

3 of title 10, United States Code (as amended by 

4 this paragraph). 

5 (2) JURISDICTION OF DFAS.— 

6 (A) TRANSFER TO DEPARTMENT OF THE

7 TREASURY.—Jurisdiction of the Defense Finance 

8 and Accounting Service (DFAS) is transferred 

9 from the Department of Defense to the Depart10 ment of the Treasury. 

11 (B) ADMINISTRATION.—The Secretary of the 

12 Treasury shall administer the Defense Finance 

13 and Accounting Service following transfer under 

14 this paragraph through the Financial Manage15 ment Service of the Department of the Treasury. 

16 (C) MEMORANDUM OF UNDERSTANDING.— 

17 The Secretary of Defense and the Secretary of the 

18 Treasury shall jointly enter into a memorandum 

19 of understanding regarding the transfer of juris20 diction of the Defense Finance and Accounting 

21 Service under this paragraph. The memorandum 

22 of understanding shall provide for the transfer of 

23 the personnel and other resources of the Service 

24 to the Department of the Treasury and for the 

25 assumption of responsibility for such personnel 


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1 and resources by the Department of the Treas2 ury. 

3 (D) CONSTRUCTION.—Nothing in this para4 graph shall be construed as terminating, alter5 ing, or revising any responsibilities or authori6 ties of the Defense Finance and Accounting Serv7 ice (other than responsibilities and authorities in 

8 connection with the exercise of jurisdiction of the 

9 Service following transfer under this paragraph). 

10 SEC. 904. INFORMATION FOR DEPUTY CHIEF MANAGEMENT 

11 OFFICER OF THE DEPARTMENT OF DEFENSE 

12 FROM THE MILITARY DEPARTMENTS AND DE13 FENSE AGENCIES FOR DEFENSE BUSINESS 

14 SYSTEM INVESTMENT REVIEWS. 

15 Section 2222(g) of title 10, United States Code, is 

16 amended by adding at the end the following new paragraph: 

17 ‘‘(3)(A) The investment management process required 

18 by paragraph (1) shall include requirements for the mili19 tary departments and the Defense Agencies to submit to the 

20 Deputy Chief Management Officer such information on cov21 ered defense business system programs as the Deputy Chief 

22 Management Officer shall require for the review of defense 

23 business system programs under the process. Such informa24 tion shall be submitted to the Deputy Chief Management 


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1 Officer in a standardized format established by the Deputy 

2 Chief Management Officer for purposes of this paragraph.’’ 

3 Subtitle B—Space Activities 

4 SEC. 911. OPERATIONALLY RESPONSIVE SPACE PROGRAM 

5 OFFICE. 

6 (a) IN GENERAL.—Subsection (a) of section 2273a of 

7 title 10, United States Code, is amended to read as follows: 

8 ‘‘(a) IN GENERAL.—There is within the Air Force 

9 Space and Missile Systems Center of the Department of De10 fense an office known as the Operationally Responsive 

11 Space Program Office (in this section referred to as the ‘Of12 fice’). The facilities of the Office may not be co-located with 

13 the headquarters facilities of the Air Force Space and Mis14 sile Systems Center.’’. 

15 (b) HEAD OF OFFICE.—Subsection (b) of such section 

16 is amended by striking ‘‘shall be—’’ and all that follows 

17 and inserting ‘‘the designee of the Department of Defense 

18 Executive Agent for Space. The head of the Office shall re19 port to the Commander of the Air Force Space and Missile 

20 Systems Center.’’. 

21 (c) MISSION.—Subsection (c)(1) of such section is 

22 amended by striking ‘‘spacelift’’ and inserting ‘‘launch’’. 

23 (d) SENIOR ACQUISITION EXECUTIVE.—Paragraph (1) 

24 of subsection (e) of such section is amended to read as fol25 lows: 


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1 ‘‘(1) The Program Executive Officer (PEO) for 

2 Space shall be the Acquisition Executive of the Office 

3 and shall provide streamlined acquisition authorities 

4 for projects of the Office.’’. 

5 (e) EXECUTIVE COMMITTEE.—Such section is further 

6 amended by adding at the end the following new subsection: 

7 ‘‘(g) EXECUTIVE COMMITTEE.—(1) The Secretary of 

8 Defense shall establish for the Office an Executive Com9 mittee (to be known as the ‘Operationally Responsive Space 

10 Executive Committee’) to provide coordination, oversight, 

11 and approval of projects of the Office. 

12 ‘‘(2) The Executive Committee shall consist of the offi13 cials (and their duties) as follows: 

14 ‘‘(A) The Department of Defense Executive Agent 

15 for Space, who shall serve as Chair of the Executive 

16 Committee and provide oversight, prioritization, co17 ordination, and resources for the Office. 

18 ‘‘(B) The Under Secretary of Defense for Acqui19 sition, Technology, and Logistics, who shall provide 

20 coordination and oversight of the Office and rec21 ommend funding sources for programs of the Office 

22 that exceed the approved program baseline. 

23 ‘‘(C) The Commander of the United States Stra24 tegic Command, who shall validate requirements for 

25 systems to be acquired by the Office and participate 


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1 in approval of any acquisition program initiated by 

2 the Office. 

3 ‘‘(D) The Commander of the Air Force Space 

4 Command, who shall organize, train, and equip forces 

5 to support the acquisition programs of the Office. 

6 ‘‘(E) Such other officials (and their duties) as 

7 the Secretary of Defense considers appropriate.’’. 

8 (f) TRANSFER OF FISCAL YEAR 2012 FUNDS.— 

9 (1) IN GENERAL.—To the extent provided in ap10 propriations Acts, the Secretary of the Air Force may 

11 transfer from the funds described in paragraph (2), 

12 $60,000,000 to other, higher priority programs of the 

13 Air Force. 

14 (2) COVERED FUNDS.—The funds described in 

15 this paragraph are amounts authorized to be appro16 priated for fiscal year 2012 by section 201 of the Na17 tional Defense Authorization Act for Fiscal Year 2012 

18 (Public Law 112–81; 125 Stat. 1329) and available 

19 for Research, Development, Test, and Evaluation, Air 

20 Force, for the Weather Satellite Follow On Program 

21 as specified in the funding table in section 4201 of 

22 that Act. 

23 (3) EFFECT ON AUTHORIZATION AMOUNTS.—A 

24 transfer made from one account to another under the 

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1 crease the amount authorized for the account to which 

2 the amount is transferred by an amount equal to the 

3 amount transferred. 

4 (4) CONSTRUCTION OF AUTHORITY.—The trans5 fer authority in this subsection is in addition to any 

6 other transfer authority provided in this Act. 

7 (5) PROGRAM PLAN.—Not later than December 

8 31, 2012, the Secretary shall submit to the congres9 sional defense committees a report setting forth a pro10 gram plan for higher priority programs described in 

11 paragraph (1). 

12 SEC. 912. COMMERCIAL SPACE LAUNCH COOPERATION. 

13 (a) IN GENERAL.—Chapter 135 of title 10, United 

14 States Code, is amended by adding at the end the following 

15 new section: 

16 ‘‘§ 2275. Commercial space launch cooperation 

17 ‘‘(a) AUTHORITY.—The Secretary of Defense may, to 

18 assist the Secretary of Transportation in carrying out re19 sponsibilities set forth in title 51 with respect to private 

20 sector involvement in commercial space activities and pub21 lic-private partnerships pertaining to space transportation 

22 infrastructure, take the following actions: 

23 ‘‘(1) Maximize the use by the private sector in 

24 the United States of the capacity of the space trans25 portation infrastructure of the Department of Defense. 


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1 ‘‘(2) Maximize the effectiveness and efficiency of 

2 the space transportation infrastructure of the Depart3 ment. 

4 ‘‘(3) Reduce the cost of services provided by the 

5 Department related to space transportation infra6 structure at launch support facilities and space recov7 ery support facilities. 

8 ‘‘(4) Encourage commercial space activities by 

9 enabling investment by covered entities in the space 

10 transportation infrastructure of the Department. 

11 ‘‘(5) Foster cooperation between the Department 

12 and covered entities. 

13 ‘‘(b) AUTHORITY FOR CONTRACTS AND OTHER AGREE14 MENTS RELATING TO SPACE TRANSPORTATION INFRA15 STRUCTURE.—The Secretary of Defense— 

16 ‘‘(1) may enter into a contract or other agree17 ment with a covered entity to provide to the covered 

18 entity support and services related to the space trans19 portation infrastructure of the Department of Defense; 

20 and 

21 ‘‘(2) upon the request of that covered entity, may 

22 include such support and services in the space launch 

23 and reentry range support requirements of the De24 partment if— 


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1 ‘‘(A) the Secretary determines that the in2 clusion of such support and services in such re3 quirements— 

4 ‘‘(i) is in the best interest of the Fed5 eral Government; 

6 ‘‘(ii) does not interfere with the re7 quirements of the Department; and 

8 ‘‘(iii) does not compete with the com9 mercial space activities of other covered en10 tities, unless that competition is in the na11 tional security interests of the United 

12 States; and 

13 ‘‘(B) any commercial requirement included 

14 in that contract or other agreement has full non15 Federal funding before the execution of the con16 tract or other agreement. 

17 ‘‘(c) CONTRIBUTIONS.—(1) The Secretary of Defense 

18 may enter into contracts or other agreements with covered 

19 entities on a cooperative and voluntary basis to accept con20 tributions of funds, services, and equipment to carry out 

21 this section. 

22 ‘‘(2) Any funds, services, or equipment accepted by the 

23 Secretary under this subsection— 

24 ‘‘(A) may be used only for the objectives specified 

25 in this section in accordance with terms of use set 


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1 forth in the contract or other agreement entered into 

2 under this subsection; and 

3 ‘‘(B) shall be managed by the Secretary in ac4 cordance with regulations of the Department of De5 fense. 

6 ‘‘(3) A contract or other agreement entered into under 

7 this subsection with a covered entity— 

8 ‘‘(A) shall address the terms of use, ownership, 

9 and disposition of the funds, services, or equipment 

10 contributed pursuant to the contract or other agree11 ment; and 

12 ‘‘(B) shall include a provision that the covered 

13 entity will not recover the costs of its contribution 

14 through any other contract or agreement with the 

15 United States. 

16 ‘‘(d) DEFENSE COOPERATION SPACE LAUNCH AC17 COUNT.—(1) There is established on the books of the Treas18 ury a special account to be known as the ‘Defense Coopera19 tion Space Launch Account’. 

20 ‘‘(2) Funds received by the Secretary of Defense under 

21 subsection (c) shall be credited to the Defense Cooperation 

22 Space Launch Account. 

23 ‘‘(3) Amounts in the Department Defense Cooperation 

24 Space Launch Account shall be available, to the extent pro25 vided in appropriation Acts, for costs incurred by the DeVerDate Mar 15 2010 01:32 Dec 07, 2012 Jkt 029200 PO 00000 Frm 00474 Fmt 6652 Sfmt 6203 E:\SENENR\H4310.PP H4310

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1 partment of Defense under subsection (c). Funds in the Ac2 count shall remain available until expended. 

3 ‘‘(e) ANNUAL REPORT.—Not later than January 31 

4 each year, the Secretary of Defense shall submit to the con5 gressional defense committees a report on the funds, services, 

6 and equipment accepted and used by the Secretary under 

7 this section during the previous fiscal year. 

8 ‘‘(f) REGULATIONS.—The Secretary of Defense shall 

9 prescribe regulations to carry out this section. 

10 ‘‘(g) DEFINITIONS.—In this section: 

11 ‘‘(1) COVERED ENTITY.—The term ‘covered enti12 ty’ means a non-Federal entity that— 

13 ‘‘(A) is organized under the laws of the 

14 United States or of any jurisdiction within the 

15 United States; and 

16 ‘‘(B) is engaged in commercial space activi17 ties. 

18 ‘‘(2) LAUNCH SUPPORT FACILITIES.—The term 

19 ‘launch support facilities’ has the meaning given that 

20 term in section 50501(7) of title 51. 

21 ‘‘(3) SPACE RECOVERY SUPPORT FACILITIES.— 

22 The term ‘space recovery support facilities’ has the 

23 meaning given that term in section 50501(11) of title 

24 51. 


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1 ‘‘(4) SPACE TRANSPORTATION INFRASTRUC2 TURE.—The term ‘space transportation infrastruc3 ture’ has the meaning given that term in section 

4 50501(12) of title 51.’’. 

5 (b) CLERICAL AMENDMENT.—The table of sections at 

6 the beginning of chapter 135 of such title is amended by 

7 adding at the end the following new item: 

‘‘2275. Commercial space launch cooperation.’’. 

8 SEC. 913. REPORTS ON INTEGRATION OF ACQUISITION AND 

9 CAPABILITY DELIVERY SCHEDULES FOR COM10 PONENTS FOR MAJOR SATELLITE ACQUISI11 TION PROGRAMS AND FUNDING FOR SUCH 

12 PROGRAMS. 

13 (a) IN GENERAL.—Chapter 135 of title 10, United 

14 States Code, as amended by section 912 of this Act, is fur15 ther amended by adding at the end the following new sec16 tion: 

17 ‘‘§ 2276. Reports on integration of acquisition and ca18 pability delivery schedules for components 

19 for major satellite acquisition programs 

20 and funding for such programs 

21 ‘‘(a) REPORTS REQUIRED.—The Under Secretary of 

22 Defense for Acquisition, Technology, and Logistics shall 

23 submit to the congressional defense committees a report on 

24 each major satellite acquisition program in accordance with 

25 subsection (d) that assesses— 


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1 ‘‘(1) the integration of the schedules for the ac2 quisition and the delivery of the capabilities of the 

3 components for the program; and 

4 ‘‘(2) funding for the program. 

5 ‘‘(b) ELEMENTS.—Each report required by subsection 

6 (a) with respect to a major satellite acquisition program 

7 shall include the following: 

8 ‘‘(1) The amount of funding approved for the 

9 program and for each related program that is nec10 essary for the operational capability of the program. 

11 ‘‘(2) The dates by which the program is antici12 pated to reach initial and full operational capability. 

13 ‘‘(3) An assessment of the extent to which the 

14 schedules for the acquisition and the delivery of the 

15 capabilities of the components for the program or any 

16 related program referred to in paragraph (1) are in17 tegrated. 

18 ‘‘(4) If the Under Secretary determines pursuant 

19 to the assessment under paragraph (3) that the sched20 ules for the acquisition and the delivery of the capa21 bilities of the components for the program, or a re22 lated program referred to in paragraph (1), provide 

23 for the acquisition or the delivery of the capabilities 

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1 gram or related program more than one year apart, 

2 an identification of— 

3 ‘‘(A) the measures the Under Secretary is 

4 taking or is planning to take to improve the in5 tegration of those schedules; and 

6 ‘‘(B) the risks and challenges that impede 

7 the ability of the Department of Defense to fully 

8 integrate those schedules. 

9 ‘‘(c) CONSIDERATION BY MILESTONE DECISION AU10 THORITY.—The Milestone Decision Authority shall include 

11 the report required by subsection (a) with respect to a major 

12 satellite acquisition program as part of the documentation 

13 used to approve the acquisition of the program. 

14 ‘‘(d) SUBMITTAL OF REPORTS.—(1) In the case of a 

15 major satellite acquisition program initiated before the date 

16 of the enactment of the National Defense Authorization Act 

17 for Fiscal Year 2013, the Under Secretary shall submit the 

18 report required by subsection (a) with respect to the pro19 gram not later than one year after such date of enactment. 

20 ‘‘(2) In the case of a major satellite acquisition pro21 gram initiated on or after the date of the enactment of the 

22 National Defense Authorization Act for Fiscal Year 2013, 

23 the Under Secretary shall submit the report required by 

24 subsection (a) with respect to the program at the time of 

25 the Milestone B approval of the program. 


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1 ‘‘(e) NOTIFICATION TO CONGRESS OF NON-INTE2 GRATED ACQUISITION AND CAPABILITY DELIVERY SCHED3 ULES.—If, after submitting the report required by sub4 section (a) with respect to a major satellite acquisition pro5 gram, the Under Secretary determines that the schedules for 

6 the acquisition and the delivery of the capabilities of the 

7 components for the program, or a related program referred 

8 to in subsection (b)(1), provide for the acquisition or the 

9 delivery of the capabilities of at least two of the three com10 ponents for the program or related program more than one 

11 year apart, the Under Secretary shall, not later than 30 

12 days after making that determination, submit to the con13 gressional defense committees a report— 

14 ‘‘(1) notifying the committees of that determina15 tion; and 

16 ‘‘(2) identifying the measures the Under Sec17 retary is taking or is planning to take to improve the 

18 integration of those schedules. 

19 ‘‘(f) DEFINITIONS.—In this section: 

20 ‘‘(1) COMPONENTS.—The term ‘components’, 

21 with respect to a major satellite acquisition program, 

22 refers to any satellites acquired under the program 

23 and the ground equipment and user terminals nec24 essary for the operation of those satellites. 


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1 ‘‘(2) MAJOR SATELLITE ACQUISITION PRO2 GRAM.—The term ‘major satellite acquisition pro3 gram’ means a major defense acquisition program (as 

4 defined in section 2430 of this title) for the acquisi5 tion of a satellite. 

6 ‘‘(3) MILESTONE B APPROVAL.—The term ‘Mile7 stone B approval’ has the meaning given that term in 

8 section 2366(e)(7) of this title.’’. 

9 (b) CLERICAL AMENDMENT.—The table of sections at 

10 the beginning of chapter 135 of such title, as so amended, 

11 is further amended by adding at the end the following new 

12 item: 

‘‘2276. Reports on integration of acquisition and capability delivery schedules for 

components for major satellite acquisition programs and funding 

for such programs.’’. 

13 SEC. 914. DEPARTMENT OF DEFENSE REPRESENTATION IN 

14 DISPUTE RESOLUTION REGARDING SUR15 RENDER OF DEPARTMENT OF DEFENSE 

16 BANDS OF ELECTROMAGNETIC FRE17 QUENCIES. 

18 Section 1062(b)(1) of the National Defense Authoriza19 tion Act for Fiscal Year 2000 (Public Law 106–65; 113 

20 Stat. 768; 47 U.S.C. 921 note) is amended— 

21 (1) in subparagraph (A), by striking ‘‘and’’ at 

22 the end; 

23 (2) in subparagraph (B), by striking the period 

24 at the end and inserting ‘‘; and’’; and 


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1 (3) by adding at the end the following new sub2 paragraph: 

3 ‘‘(C) in the event of any dispute resolution 

4 process involving the surrender of use of such 

5 band, the Department of Defense has adequate 

6 representation to convey its views.’’. 

7 Subtitle C—Intelligence-Related 

8 and Cyber Matters 

9 SEC. 921. AUTHORITY TO PROVIDE GEOSPATIAL INTEL10 LIGENCE SUPPORT TO SECURITY ALLIANCES 

11 AND INTERNATIONAL AND REGIONAL ORGA12 NIZATIONS. 

13 (a) EXTENSION OF AUTHORITY TO SECURITY ALLI14 ANCES AND INTERNATIONAL AND REGIONAL ORGANIZA15 TIONS.—Section 443(a) of title 10, United States Code, is 

16 amended by inserting ‘‘, regional organizations with defense 

17 or security components, and international organizations 

18 and security alliances of which the United States is a mem19 ber’’ after ‘‘foreign countries’’. 

20 (b) CONFORMING AND CLERICAL AMENDMENTS.— 

21 (1) HEADING AMENDMENT.—The heading of sec22 tion 443 of such title is amended to read as follows: 


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1 ‘‘§ 443. Imagery intelligence and geospatial informa2 tion: support for foreign countries, secu3 rity alliances, and international and re4 gional organizations’’. 

5 (2) TABLE OF SECTIONS.—The table of sections 

6 at the beginning of subchapter I of chapter 22 of such 

7 title is amended by striking the item relating to sec8 tion 443 and inserting the following new item: 

‘‘443. Imagery intelligence and geospatial information: support for foreign countries, security alliances, and international and regional organizations.’’. 

9 SEC. 922. ARMY DISTRIBUTED COMMON GROUND SYSTEM. 

10 (a) ASSIGNMENT OF RESPONSIBILITY FOR OVER11 SIGHT.—The Secretary of the Army shall assign responsi12 bility for oversight of the development, acquisition, testing, 

13 and fielding of the Distributed Common Ground System 

14 (DCGS) cloud computing program of the Army to the Chief 

15 Information Officer of the Army ((CIO)/G–6). 

16 (b) REVIEW OF PROGRAM.— 

17 (1) IN GENERAL.—Not later than December 1, 

18 2012, the Chief Information Officer shall submit to 

19 the Secretary a report on a review of the Distributed 

20 Common Ground System cloud computing program of 

21 the Army conducted by the Chief Information Officer 

22 for purposes of this section. 

23 (2) ELEMENTS.—The report shall include the fol24 lowing: 


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1 (A) An assessment of the program in com2 parison with commercial products, if applicable, 

3 with respect to each of the following: 

4 (i) The effectiveness of analyst tools, 

5 user interfaces, and data visualization in 

6 supporting analyst missions and require7 ments. 

8 (ii) Training requirements for ana9 lysts. 

10 (iii) Ease of use for analysts. 

11 (iv) Rates of progress in developing 

12 analyst tools and linking tools for standard 

13 workflows. 

14 (B) An assessment of the soundness of the 

15 past decisions of the Army, and the future plans 

16 of the Army, for acquiring and integrating ana17 lyst tools, user interfaces, and data visualization 

18 capabilities through government-sponsored cus19 tom development, leasing of commercial solu20 tions, and government open source development. 

21 (C) Such recommendations regarding the 

22 program as the Chief Information Officer con23 siders appropriate in light of the review under 

24 this subsection. 


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1 SEC. 923. RATIONALIZATION OF CYBER NETWORKS AND 

2 CYBER PERSONNEL OF THE DEPARTMENT OF 

3 DEFENSE. 

4 (a) IN GENERAL.—The Secretary of Defense shall take 

5 appropriate actions to substantially reduce the number of 

6 sub-networks and network enclaves across the Department 

7 of Defense, and the associated security and access manage8 ment controls, in order to achieve the following objectives 

9 for the Department: 

10 (1) Visibility for the United States Cyber Com11 mand in the operational and security status of all 

12 networks, network equipment, and computers. 

13 (2) Elimination of redundant network security 

14 infrastructure and personnel. 

15 (3) Rationalization and consolidation of cyber 

16 attack detection, diagnosis, and response resources, 

17 and elimination of gaps in security coverage. 

18 (4) Reduction of barriers to information sharing 

19 and enhancement of the capacity to rapidly create 

20 collaborative communities of interest. 

21 (5) Enhancement of access to information 

22 through authentication-based and identity-based ac23 cess controls. 

24 (6) Enhancement of the capacity to deploy, and 

25 achieve access to, enterprise-level services. 


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1 (7) Separation of server and end-user device 

2 computing to facilitate server and data center consoli3 dation and a more secure tiered and zoned network 

4 architecture. 

5 (b) PERSONNEL PLAN.— 

6 (1) IN GENERAL.—As part of the actions taken 

7 under subsection (a), the Secretary shall establish and 

8 carry out a plan to reassign personnel billets cur9 rently allocated to network operations and security 

10 that will become available pursuant to the reduction 

11 in network enclaves required by that subsection to 

12 tasks related to potential offensive cyber operations in 

13 order to achieve an appropriate balance between the 

14 offensive and defensive missions of the United States 

15 Cyber Command and its components. The plan shall 

16 include targets for the number of personnel to be reas17 signed to tasks related to offensive operations, and the 

18 rate at which such personnel shall be added to the 

19 workforce for such tasks. 

20 (2) DISPOSITION OF PERSONNEL.—In developing 

21 the plan required by paragraph (1), the Secretary 

22 shall— 

23 (A) determine whether the number of per24 sonnel required to be reassigned to tasks related 

25 to offensive operations in order to achieve the 


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1 balance described in paragraph (1) will be met, 

2 in pace and numbers, through the reassignment 

3 of personnel billets pursuant to the plan; and 

4 (B) if the Secretary determines that the 

5 number of personnel so required will not be so 

6 met (whether because of insufficient numbers of 

7 personnel in billets to be reassigned or because 

8 personnel available for reassignment cannot be 

9 trained or directed to tasks related to offensive 

10 operations), take appropriate actions to ensure 

11 the availability to the United States Cyber Com12 mand of appropriate numbers of personnel 

13 qualified to undertake tasks related to offensive 

14 operations. 

15 (3) ADDITIONAL ELEMENTS.—In developing the 

16 plan required by paragraph (1), the Secretary shall 

17 also— 

18 (A) identify targets for the number of per19 sonnel to be reassigned to tasks related to offen20 sive cyber operations, and the rate at which such 

21 personnel shall be added to the workforce for such 

22 tasks; and 

23 (B) identify targets for use of National 

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1 tionalization and the actions taken under sub2 section (a). 

3 (4) SUBMITTAL TO CONGRESS.—The Secretary 

4 shall submit the plan required by paragraph (1) to 

5 the congressional defense committees at the time of the 

6 submittal to Congress of the budget of the President 

7 for fiscal year 2014 pursuant to section 1105(a) of 

8 title 31, United States Code. 

9 SEC. 924. NEXT-GENERATION HOST-BASED CYBER SECU10 RITY SYSTEM FOR THE DEPARTMENT OF DE11 FENSE. 

12 (a) STRATEGY FOR ACQUISITION OF SYSTEM RE13 QUIRED.—The Chief Information Officer of the Department 

14 of Defense shall, in coordination with the Under Secretary 

15 of Defense for Acquisition, Technology, and Logistics, de16 velop a strategy to acquire next-generation host-based cyber17 security tools and capabilities (in this section referred to 

18 as a ‘‘next-generation system’’) for the Department of De19 fense. 

20 (b) ELEMENTS OF SYSTEM.—It is the sense of Congress 

21 that any next-generation system acquired under the strat22 egy required by subsection (a) should meet the following re23 quirements: 

24 (1) To overcome problems and limitations in 

25 current capabilities, the system should not rely on 


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1 anti-virus or signature-based threat detection tech2 niques that— 

3 (A) cannot address new or rapidly 

4 morphing threats: 

5 (B) consume substantial amounts of com6 munications capacity to remain current with 

7 known threats and to report current status; or 

8 (C) consume substantial amounts of re9 sources to store rapidly growing threat libraries. 

10 (2) The system should provide an open architec11 ture-based framework for so-called ‘‘plug-and-play’’ 

12 integration of a variety of types of deployable tools in 

13 addition to cyber intrusion detection tools, including 

14 tools for— 

15 (A) insider threat detection; 

16 (B) continuous monitoring and configura17 tion management; 

18 (C) remediation following infections; and 

19 (D) protection techniques that do not rely 

20 on detection of the attack, such as virtualization, 

21 and diversification of attack surfaces. 

22 (3) The system should be designed for ease of de23 ployment to potentially millions of host devices of tai24 lored security solutions depending on need and risk, 

25 and to be compatible with cloud-based, thin-client, 


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1 and virtualized environments as well as battlefield de2 vices and weapons systems. 

3 (c) SUBMITTAL TO CONGRESS.—The Chief Informa4 tion Office shall submit to Congress a report setting forth 

5 the strategy required by subsection (a) together with the 

6 budget justification materials of the Department of Defense 

7 submitted to Congress with the budget of the President for 

8 fiscal year 2015 pursuant to section 1105(a) of title 31, 

9 United States Code. 

10 SEC. 925. IMPROVEMENTS OF SECURITY, QUALITY, AND 

11 COMPETITION IN COMPUTER SOFTWARE PRO12 CURED BY THE DEPARTMENT OF DEFENSE. 

13 (a) COMPREHENSIVE PROGRAM ON IMPROVEMENT OF

14 PROCUREMENT OF COMPUTER SOFTWARE.—The Under 

15 Secretary of Defense for Acquisition, Technology, and Lo16 gistics shall, in coordination with the Chief Information Of17 ficer of the Department of Defense, develop a comprehensive 

18 program for improvements of the security, quality, and 

19 competition in the computer software procured by the De20 partment of Defense for covered systems 

21 (b) UPDATE OF DEVELOPMENT AND ACQUISITION

22 MODELS.— 

23 (1) IN GENERAL.—The Under Secretary of De24 fense for Acquisition, Technology, and Logistics shall, 

25 in coordination with the Chief Information Officer, 


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1 provide for the development of updates and improve2 ments to one or more existing best-practice develop3 ment and acquisition models (such as the Capability 

4 Maturity Model Integration) in order to provide ex5 plicit guidance under such model or models for im6 proved assurance, security, quality, and resiliency in 

7 the computer software developed and procured by the 

8 Department. 

9 (2) ELEMENTS.—Any update or improvement to 

10 a development and acquisition model under this sub11 section shall— 

12 (A) include diagnostic methods that enable 

13 evaluations of conformance to the processes and 

14 best practices of the model for achieving quality, 

15 assurance, and security throughout the life cycle 

16 of software products concerned; and 

17 (B) be compatible with the variety of cur18 rent agile and incremental software development 

19 methodologies. 

20 (c) REQUIREMENTS FOR SECURE CODE DEVELOP21 MENT PRACTICES.—The Under Secretary shall, in coordi22 nation with the Chief Information Officer— 

23 (1) direct the Director of the Defense Information 

24 Systems Agency to modify the Application Security 

25 and Development Security Technical Implementation 


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1 Guide (STIG) to require (rather than highly rec2 ommend) the use of automated static vulnerability 

3 analysis tools in the computer software code develop4 ment phase, and in development and operational test5 ing, to identify and remediate security vulnerabilities 

6 for covered systems; 

7 (2) develop a list of qualified government and 

8 private-sector static analysis tools and third-party 

9 testing organizations to support the requirement 

10 under paragraph (1); 

11 (3) direct the Director— 

12 (A) to designate secure software coding 

13 standards; and 

14 (B) to modify the Security Technical Imple15 mentation Guide to reference the approved 

16 standards; and 

17 (4) develop guidance and direction for Depart18 ment program managers to require government soft19 ware development and maintenance organizations 

20 and contractors to identify and implement, through 

21 contract statements of work, a secure software coding 

22 plan that includes verifiable processes and practices. 

23 (d) VERIFICATION OF EFFECTIVE IMPLEMENTATION.— 

24 The Under Secretary shall, in coordination with the Chief 

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1 partment program managers for covered systems to do as 

2 follows: 

3 (1) To require evidence that government software 

4 development and maintenance organizations and con5 tractors are conforming in computer software coding 

6 to— 

7 (A) approved secure coding standards of the 

8 Department during software development, up9 grade and maintenance activities, including 

10 through the use of inspection and appraisals; 

11 (B) an applicable best practice development 

12 and acquisition model; and 

13 (C) the requirement established pursuant to 

14 subsection (b)(1). 

15 (2) To make appropriate use of authorized soft16 ware code assessment centers (whether a government 

17 center, Federally funded research and development 

18 center, or government contractor) to evaluate applica19 tions and software products for conformance to secure 

20 coding requirements. 

21 (e) STUDY ON ADDITIONAL MEANS OF IMPROVING

22 SOFTWARE SECURITY.— 

23 (1) IN GENERAL.—The Under Secretary shall, in 

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1 ing higher quality and secure development of com2 puter software for the Department. 

3 (2) MECHANISMS TO BE STUDIED.—The mecha4 nisms studied under paragraph (1) may include the 

5 following: 

6 (A) Liability for defects or vulnerabilities 

7 in software code. 

8 (B) So-called ‘‘clawback’’ provisions on 

9 earned fees that enable the Department to recoup 

10 funds for security vulnerabilities discovered after 

11 software is delivered. 

12 (C) Exemption from liability for rigorous 

13 conformance with secure development processes. 

14 (D) Warranties against software defects and 

15 vulnerabilities. 

16 (f) SOFTWARE REPOSITORIES AND COLLABORATIVE

17 DEVELOPMENT ENVIRONMENTS.—The Under Secretary 

18 shall, in consultation with the Chief Information Officer— 

19 (1) establish or require the use of one or more ex20 isting computer software repositories and collabo21 rative computer software development environments 

22 (such as Forge.mil managed by the Defense Informa23 tion Systems Agency) for covered systems for purposes 

24 of— 


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1 (A) storing software code owned by the gov2 ernment, or to which it has use rights, together 

3 with all associated documentation and quality 

4 and security test results; 

5 (B) minimizing duplicative investment in 

6 software code development infrastructure while 

7 promoting common, high-quality development 

8 practices and facilitating sharing of best prac9 tices; and 

10 (C) promoting software re-use and competi11 tion for software capability insertion, upgrades, 

12 and maintenance; 

13 (2) establish rules and procedures for depositors 

14 in the repositories and environments provided for 

15 under paragraph (1) to keep the software code base 

16 current, if the depositors are not already using such 

17 a repository or environment for software development 

18 and life-cycle management; and 

19 (3) ensure that the repositories and environments 

20 provided for under paragraph (1) provide automated 

21 tools for software reverse engineering, functionality 

22 analysis, and static and dynamic vulnerability anal23 ysis of source code and binary code in order to enable 

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1 ments, understand what the code does and how it 

2 functions, and assess its quality and security. 

3 (g) COVERED SYSTEMS DEFINED.—In this section, the 

4 term ‘‘covered systems’’ means any Department of Defense 

5 critical information systems and weapons systems, includ6 ing— 

7 (1) major systems, as that term is defined in sec8 tion 2302(5) of title 10, United States Code; 

9 (2) national security systems, as that term is de10 fined in section 3542(b)(2) of title 44, United States 

11 Code; and 

12 (3) Department of Defense information systems 

13 categorized as Mission Assurance Category I in De14 partment of Defense Directive 8500.01E that are 

15 funded by the Department of Defense. 

16 SEC. 926. COMPETITION IN CONNECTION WITH DEPART17 MENT OF DEFENSE DATA LINK SYSTEMS. 

18 (a) COMPETITION IN CONNECTION WITH DATA LINK

19 SYSTEMS.— 

20 (1) IN GENERAL.—Not later than December 1, 

21 2013, the Under Secretary of Defense for Acquisition, 

22 Technology, and Logistics shall— 

23 (A) develop an inventory of all data link 

24 systems in use and in development in the De25 partment of Defense; 


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1 (B) conduct a business case analysis of each 

2 data link system contained in the inventory 

3 under subparagraph (A) to determine whether— 

4 (i) the maintenance, upgrade, new de5 ployment, or replacement of such system 

6 should be open to competition; or 

7 (ii) the data link should be converted 

8 to an open architecture, or a different data 

9 link standard should be adopted to enable 

10 such competition; 

11 (C) for each data link system for which 

12 competition is determined advisable under clause 

13 (i) or (ii) of subparagraph (B), develop a plan 

14 (with specific objectives, actions, and schedules) 

15 to achieve such competition, including a plan to 

16 address any policy, legal, programmatic, or tech17 nical barriers to such competition; and 

18 (D) for each data link system for which 

19 competition is determined not advisable under 

20 subparagraph (B), prepare a justification for the 

21 determination that it is not practical to conduct 

22 such competition or to convert the data link 

23 standard to open architecture or adopt a dif24 ferent data link standard for which competition 

25 is feasible. 


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1 (2) ELEMENT OF BUSINESS CASE ANALYSES.—In 

2 conducting a business case analysis for purposes of 

3 paragraph (1)(B), the Under Secretary shall solicit 

4 the views of industry on the merits and feasibility of 

5 introducing competition for the maintenance, up6 grade, new deployment, or replacement for the data 

7 link system in question. 

8 (b) EARLIER ACTIONS.—If the Under Secretary com9 pletes any portion of the plan described in subsection 

10 (a)(1)(C) before December 1, 2013, the Secretary may com11 mence action on such portion of the plan upon completion 

12 of such portion, including publication of such portion of 

13 the plan. 

14 (c) REPORTS.— 

15 (1) SUBMITTAL OF PLAN TO CONGRESS.—The 

16 Under Secretary shall submit to Congress the plan de17 scribed in subsection (a)(1)(C) at the same time the 

18 budget of the President for fiscal year 2015 is sub19 mitted to Congress pursuant to section 1105(a) of title 

20 31, United States Code. The Under Secretary shall 

21 include with the plan— 

22 (A) a list of the data link systems covered 

23 by subsection (a)(1)(C); 

24 (B) a list of the data link systems covered 

25 by subsection (a)(1)(D); and 


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1 (C) for each data link system covered by 

2 subsection (a)(1)(D), the justification prepared 

3 under that subsection with respect to the data 

4 link system. 

5 (2) COMPTROLLER OF THE UNITED STATES AS6 SESSMENT.—Not later than 90 days after the sub7 mittal to Congress under paragraph (1) of the plan 

8 described in subsection (a)(1)(C), the Comptroller 

9 General of the United States shall submit to Congress 

10 a report setting forth the assessment of the Comp11 troller General of the plan, including an assessment 

12 of the adequacy and objectives of the plan. 

13 SEC. 927. INTEGRATION OF CRITICAL SIGNALS INTEL14 LIGENCE CAPABILITIES. 

15 (a) PLAN FOR INTEGRATION REQUIRED.— 

16 (1) IN GENERAL.—Not later than January 1, 

17 2013, the Director of the Intelligence, Surveillance, 

18 and Reconnaissance (ISR) Task Force shall develop a 

19 plan to rapidly achieve an operationally integrated 

20 signals intelligence collection and dissemination capa21 bility to meet requirements for detecting, tracking, 

22 and precisely geolocating high-band communications 

23 devices in order to trigger the immediate observation 

24 and tracking of high-value targets by imagery sensor 

25 by combining or integrating capabilities that exist or 


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1 are in development in ongoing programs, including 

2 the following: 

3 (A) The Guardrail program and the 

4 ARGUS A160 program of the Army. 

5 (B) The Blue Moon quick reaction capa6 bility program of the Air Force. 

7 (C) The Wide Area Network Detection pro8 gram of the Defense Advanced Research Projects 

9 Agency (DARPA). 

10 (2) CONSULTATION.—The Director shall consult 

11 with the National Security Agency, the combatant 

12 commands (including the United States Special Oper13 ations Command), and the formal wireless working 

14 groups of the intelligence community in developing 

15 the plan. 

16 (3) SUPPORT.—The Secretary of the Army, the 

17 Secretary of the Air Force, and the Director of the 

18 Defense Advanced Research Projects Agency shall each 

19 provide the Director such information and support as 

20 the Director shall require for the development of the 

21 plan. 

22 (b) DEVELOPMENT AND DEPLOYMENT.—In addition to 

23 the responsibility under subsection (a), the Director of the 

24 Intelligence, Surveillance, and Reconnaissance Task Force 

25 shall also coordinate funding, provide acquisition oversight, 


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1 coordinate system deployment, and synchronize operational 

2 integration in support of combat operations for purposes 

3 of the development and deployment of the capability de4 scribed in that subsection. 

5 SEC. 928. COLLECTION AND ANALYSIS OF NETWORK FLOW 

6 DATA. 

7 (a) DEVELOPMENT OF TECHNOLOGIES.—The Chief In8 formation Officer of the Department of Defense may, in co9 ordination with the Under Secretary of Defense for Policy 

10 and the Under Secretary of Defense for Intelligence and act11 ing through the Director of the Defense Information Sys12 tems Agency (DISA), use the available funding and re13 search activities and capabilities of the Community Data 

14 Center of the Defense Information Systems Agency to de15 velop and demonstrate collection, processing, and storage 

16 technologies for network flow data that— 

17 (1) are potentially scalable to the volume used by 

18 Tier 1 Internet Service Providers (ISPs) to collect 

19 and analyze the flow data across their networks; 

20 (2) will substantially reduce the cost and com21 plexity of capturing and analyzing high volumes of 

22 flow data; and 

23 (3) support the capability— 

24 (A) to detect and identify cybersecurity 

25 threats, networks of compromised computers, and 


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1 command and control sites used for managing il2 licit cyber operations and receiving information 

3 from compromised computers; 

4 (B) track illicit cyber operations for attri5 bution of the source; and 

6 (C) provide early warning and attack as7 sessment of offensive cyber operations. 

8 (b) COORDINATION.—Any research and development 

9 required in the development of the technologies described in 

10 subsection (a) shall be conducted in cooperation with the 

11 heads of other appropriate departments and agencies of the 

12 Federal Government and, whenever feasible, Tier 1 Internet 

13 Service Providers. 

14 SEC. 929. DEPARTMENT OF DEFENSE USE OF NATIONAL SE15 CURITY AGENCY CLOUD COMPUTING DATA16 BASE AND INTELLIGENCE COMMUNITY 

17 CLOUD COMPUTING INFRASTRUCTURE AND 

18 SERVICES. 

19 (a) LIMITATION ON USE OF NSA DATABASE.— 

20 (1) LIMITATION.—No component of the Depart21 ment of Defense may utilize the cloud computing 

22 database developed by the National Security Agency 

23 (NSA) called Accumulo after September 30, 2013, un24 less the Chief Information Officer of the Department 

25 of Defense certifies one of the following: 


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1 (A) That there are no viable commercial 

2 open source databases with extensive industry 

3 support (such as the Apache Foundation HBase 

4 and Cassandra databases) that have security fea5 tures comparable to the Accumulo database that 

6 are considered essential by the Chief Information 

7 Officer for purposes of the certification under 

8 this paragraph. 

9 (B) That the Accumulo database has become 

10 a successful Apache Foundation open source 

11 database with adequate industry support and di12 versification, based on criteria to be established 

13 by the Chief Information Officer for purposes of 

14 the certification under this paragraph and sub15 mitted to the appropriate committees of Congress 

16 not later than January 1, 2013. 

17 (2) CONSTRUCTION.—The limitation in para18 graph (1) shall not apply to the National Security 

19 Agency. 

20 (b) ADAPTATION OF ACCUMULO SECURITY FEATURES

21 TO HBASE DATABASE.—The Director of the National Secu22 rity Agency shall take appropriate actions to ensure that 

23 companies and organizations developing and supporting 

24 open source and commercial open source versions of the 

25 Apache Foundation HBase and Cassandra databases, or 


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1 similar systems, receive technical assistance from govern2 ment and contractor developers of software code for the 

3 Accumulo database to enable adaptation and integration of 

4 the security features of the Accumulo database. 

5 (c) COORDINATION REGARDING DOD USE OF INTEL6 LIGENCE COMMUNITY CLOUD COMPUTING INFRASTRUC7 TURE AND SERVICES.— 

8 (1) IN GENERAL.—The Under Secretary of De9 fense for Acquisition, Technology, and Logistics, the 

10 Chief Information Officer of the Department of De11 fense, and the Chief Information Officer of each of the 

12 military departments shall coordinate with the Direc13 tor of National Intelligence and the Under Secretary 

14 of Defense for Intelligence regarding the use of cloud 

15 computing infrastructure and software services offered 

16 by the intelligence community by components of the 

17 Department of Defense for purposes other than intel18 ligence analysis. 

19 (2) PURPOSE.—The purpose of the coordination 

20 required by paragraph (1) is to ensure that Depart21 ment use of cloud computing infrastructure and soft22 ware services described in that paragraph is cost-effec23 tive and consistent with the Information Technology 

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1 dation plans, and cybersecurity requirements and 

2 policies of the Department. 

3 (d) APPROPRIATE COMMITTEES OF CONGRESS DE4 FINED.—In this section, the term ‘‘appropriate committees 

5 of Congress’’ means— 

6 (1) the Committees on Armed Services and Ap7 propriations and the Select Committee on Intelligence 

8 of the Senate; and 

9 (2) the Committees on Armed Services and Ap10 propriations and the Permanent Select Committee on 

11 Intelligence of the House of Representatives. 

12 SEC. 930. ELECTRO-OPTICAL IMAGERY. 

13 (a) SUSTAINMENT OF COLLECTION CAPACITY.—The 

14 Secretary of Defense and the Director of National Intel15 ligence shall jointly take appropriate actions to sustain 

16 through fiscal year 2013 the commercial electro-optical im17 aging collection capacity that was planned under the En18 hanced View program approved in the National Defense 

19 Authorization Act for Fiscal Year 2012 (Public Law 112– 

20 81) to be available to the Department of Defense though the 

21 Service Level Agreements with commercial data providers. 

22 (b) IDENTIFICATION OF DEPARTMENT OF DEFENSE

23 ELECTRO-OPTICAL IMAGERY REQUIREMENTS.— 

24 (1) REPORT.—Not later than April 1, 2013, the 

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1 mit to the Director of the Congressional Budget Office 

2 a report setting forth a comprehensive description of 

3 Department of Defense peacetime and wartime re4 quirements for electro-optical imagery under current 

5 circumstances and under anticipated revisions of 

6 strategy and budgetary constraints. 

7 (2) SCOPE OF REQUIREMENTS.—The require8 ments under paragraph (1) shall— 

9 (A) be expressed in such terms as daily re10 gional and global area coverage and number of 

11 point targets, resolution, revisit rates, mean-time 

12 to access, latency, redundancy, survivability, and 

13 diversity; and 

14 (B) take into consideration all types of im15 agery and collection means available. 

16 (c) ASSESSMENT OF IDENTIFIED REQUIREMENTS.— 

17 (1) IN GENERAL.—Not later than September 15, 

18 2013, the Director of the Congressional Budget Office 

19 shall submit to the appropriate committees of Con20 gress a report setting forth an assessment by the Di21 rector of the report required by subsection (b). 

22 (2) ELEMENTS.—The assessment required by 

23 paragraph (1) shall include an assessment of the fol24 lowing: 


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1 (A) The extent to which the requirements of 

2 the Department for electro-optical imagery from 

3 space can be satisfied by commercial companies 

4 using either— 

5 (i) current designs; or 

6 (ii) enhanced designs that could be de7 veloped at low risk. 

8 (B) Whether a reduction by half in the 

9 amounts requested for the Enhanced View pro10 gram for fiscal year 2013 from amounts re11 quested for that program for fiscal year 2012 is 

12 consistent with Presidential Space Policy of 

13 June 2010, Presidential Policy Directive 4, ap14 plicable provisions of the Federal Acquisition 

15 Regulation (10.001(a)(3)(ii) and 12.101(a)–(b)), 

16 and section 2377 of title 10, United States Code, 

17 regarding preferences for procuring commercial 

18 capabilities and modifying as necessary and fea19 sible commercial capabilities to meet government 

20 requirements, and for modifying government re21 quirements to a reasonable extent to enable com22 mercial or non-developmental products to meet 

23 government needs. 


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1 (3) CONSULTATION AND OTHER RESOURCES.—In 

2 preparing the assessment required by paragraph (1), 

3 the Director shall— 

4 (A) consult widely with appropriate indi5 viduals and entities, including Members and 

6 committees of Congress, the Office of Manage7 ment and Budget and other agencies and offi8 cials of the Government, private industry, and 

9 academia; and 

10 (B) make maximum use of existing studies 

11 and modeling and simulations conducted by or 

12 on behalf of Members and committees of Con13 gress, the Joint Staff, the Director of National 

14 Intelligence, the National Reconnaissance Office, 

15 the National Geospatial-Intelligence Agency, pri16 vate industry, and academia. 

17 (4) ACCESS TO INFORMATION.—The Director of 

18 National Intelligence and the Secretary of Defense 

19 shall each provide the staff of the Director of the Con20 gressional Budget Office with such access to informa21 tion and programs applicable to the assessment re22 quired by paragraph (1) as the Director of the Con23 gressional Budget Office shall require for the prepara24 tion of the assessment. 


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1 (d) APPROPRIATE COMMITTEES OF CONGRESS DE2 FINED.—In this section, the term ‘‘appropriate committees 

3 of Congress’’ means— 

4 (1) the Committees on Armed Services and Ap5 propriations and the Select Committee on Intelligence 

6 of the Senate; and 

7 (2) the Committees on Armed Services and Ap8 propriations and the Permanent Select Committee on 

9 Intelligence of the House of Representatives. 

10 (e) FUNDING.—In addition to any other amounts au11 thorized to be appropriated by this Act and available for 

12 Service Level Agreements described in subsection (a), of the 

13 amounts authorized to be appropriated for fiscal year 2013 

14 by section 301 for operation and maintenance and available 

15 as specified in the funding table in section 4301, 

16 $125,000,000 is available for such Service Level Agree17 ments. 

18 SEC. 931. SOFTWARE LICENSES OF THE DEPARTMENT OF 

19 DEFENSE. 

20 (a) AUDITS.—Not later than 180 days after the date 

21 of the enactment of this Act, and every two years thereafter, 

22 the Chief Information Officer of the Department of the De23 fense shall, in consultation with chief information officers 

24 of the military departments and the Defense Agencies— 


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1 (1) conduct an inventory of all existing software 

2 licenses in favor of the Department of Defense, includ3 ing licenses in use and licenses not in use, on an ap4 plication-by-application basis; 

5 (2) compare the number of software licenses in 

6 use, and the manner of their use by Department em7 ployees, with the number of software licenses available 

8 to the Department and the product use rights con9 tained in such licenses; 

10 (3) assess the needs of the Department and the 

11 components of the Department for software licenses 

12 during the two fiscal years next following the date of 

13 the completion of the inventory; and 

14 (4) determine means by which the Department 

15 can achieve the greatest possible economies of scale 

16 and cost-savings in the procurement, use, and optimi17 zation of software licenses. 

18 (b) PERFORMANCE PLAN.— 

19 (1) IN GENERAL.—If the Chief Information Offi20 cer determines through an inventory conducted under 

21 subsection (a) that the number of existing software li22 censes, on an application-by-application basis, of the 

23 Department and the components of the Department 

24 exceeds the needs of the Department for such software 

25 licenses, the Secretary of Defense shall, not later than 


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1 90 days after the date of the completion of such inven2 tory, implement a plan to bring the number of soft3 ware licenses, on an application-by-application basis, 

4 into balance with the needs of the Department. 

5 (2) EXCEPTIONS.—The Chief Information Officer 

6 may exempt from coverage under a plan under para7 graph (1) such applications or categories of applica8 tions as the Chief Information Officer considers ap9 propriate. Immediately upon finalizing the applica10 tions or categories of applications to be exempt from 

11 coverage under a plan, the Chief Information Officer 

12 shall submit to the congressional defense committees a 

13 report (in classified form, if required) setting forth 

14 the applications or categories of applications to be ex15 empt from coverage under the plan. 

16 SEC. 932. DEFENSE CLANDESTINE SERVICE. 

17 (a) PROHIBITION ON USE OF FUNDS FOR ADDITIONAL

18 PERSONNEL.—Amounts authorized to be appropriated by 

19 this Act for the Military Intelligence Program (MIP) may 

20 not be obligated or expended to provide for a number of 

21 personnel conducting or supporting human intelligence 

22 within the Department of Defense in excess of the number 

23 of such personnel as of April 20, 2012. 

24 (b) CAPE REPORT ON COSTS.—Not later than 120 

25 days after the date of the enactment of this Act, the Director 


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1 of Cost Assessment and Program Evaluation of the Depart2 ment of Defense shall submit to the appropriate committees 

3 of Congress an independent estimate of the costs of the De4 fense Clandestine Service, whether funded through the Mili5 tary Intelligence Program or the National Intelligence Pro6 gram, including an estimate of the costs over the period of 

7 the current future-years defense program and an estimate 

8 of the out year costs. 

9 (c) USDI REPORT ON DCS.— 

10 (1) REPORT REQUIRED.—Not later than Feb11 ruary 1, 2013, the Under Secretary of Defense for In12 telligence shall submit to the appropriate committees 

13 of Congress a report on the Defense Clandestine Serv14 ice. 

15 (2) ELEMENTS.—The report under paragraph 

16 (1) shall include the following: 

17 (A) A detailed description of the location 

18 and schedule for current and anticipated deploy19 ments of case officers trained under the Field 

20 Tradecraft Course, whether overseas or domesti21 cally, and a certification whether or not such de22 ployments can be accommodated and supported. 

23 (B) A statement of the objectives for the ef24 fective management of case officers trained under 

25 the Field Tradecraft Course for each of the 


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1 Armed Forces, the Defense Intelligence Agency, 

2 and the United States Special Operations Com3 mand, including objectives on numbers of tours 

4 requiring training in the Field Tradecraft 

5 Course and objectives for management of career 

6 tracks and case officer covers. 

7 (C) A statement of the manner in which 

8 each Armed Force, the Defense Intelligence Agen9 cy, and the United States Special Operations 

10 Command will each achieve the objectives appli11 cable thereto under subparagraph (B). 

12 (D) A copy of any memoranda of under13 standing or memoranda of agreement between 

14 the Department of Defense and other depart15 ments and agencies of the United States Govern16 ment, or between components or elements of the 

17 Department of Defense, that are required to im18 plement objectives for the Defense Clandestine 

19 Service. 

20 (d) DEFINITIONS.—In this section: 

21 (1) The term ‘‘appropriate committees of Con22 gress’’ means— 

23 (A) the Committees on Armed Services and 

24 Appropriations and the Select Committee on In25 telligence of the Senate; and 


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1 (B) the Committees on Armed Services and 

2 Appropriations and the Permanent Select Com3 mittee on Intelligence of the House of Represent4 atives. 

5 (2) The term ‘‘future-years defense program’’ 

6 means the future-years defense program under section 

7 221 of title 10, United States Code. 

8 SEC. 933. AUTHORITY FOR SHORT-TERM EXTENSION OF 

9 LEASE FOR AIRCRAFT SUPPORTING THE 

10 BLUE DEVIL INTELLIGENCE, SURVEILLANCE, 

11 AND RECONNAISSANCE PROGRAM. 

12 (a) IN GENERAL.—Notwithstanding section 2401 of 

13 title 10, United States Code, the Secretary of the Air Force 

14 may extend or renew the lease of aircraft supporting the 

15 Blue Devil intelligence, surveillance, and reconnaissance 

16 program after the date of the expiration of the current lease 

17 of such aircraft for a term that is the shorter of— 

18 (1) the period beginning on the date of the expi19 ration of the current lease and ending on the date on 

20 which the Commander of the United States Central 

21 Command notifies the Secretary that a substitute is 

22 available for the capabilities provided by the lease, or 

23 that the capabilities provided by such aircraft are no 

24 longer required; or 

25 (2) six months. 


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1 (b) FUNDING.—Amounts authorized to be appro2 priated for fiscal year 2013 by title XV and available for 

3 Overseas Contingency Operations for operation and main4 tenance as specified in the funding tables in section 4302 

5 may be available for the extension or renewal of the lease 

6 authorized by subsection (a). 

7 SEC. 934. SENSE OF SENATE ON POTENTIAL SECURITY 

8 RISKS TO DEPARTMENT OF DEFENSE NET9 WORKS. 

10 (a) FINDINGS.—The Senate makes the following find11 ings: 

12 (1) Cybersecurity threats are pervasive and seri13 ous, including through the supply chain of informa14 tion technology equipment and software. 

15 (2) Semiconductor manufacturing is already 

16 dominated by foreign producers, presenting supply 

17 chain risk management challenges. 

18 (3) In a number of instances, foreign manufac19 turers of telecommunications equipment, including 

20 advanced wireless technology, are gaining global mar21 ket share due to high quality and low prices. Com22 petitive market forces ensure that commercial pro23 viders of consumer, business, and government systems 

24 and services will choose equipment and associated 

25 software from these manufacturers. In some cases, like 


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1 Huawei Industries, this competitive position stems in 

2 part from inappropriate government subsidies and 

3 other forms of assistance. 

4 (4) Some of these companies also present clear 

5 cybersecurity supply chain risks that the Government 

6 must address. 

7 (5) The Committee on Foreign Investment in the 

8 United States has blocked the attempt by Huawei to 

9 acquire United States technology firms on two occa10 sions and the National Security Agency and the Sec11 retary of Commerce have advised two major United 

12 States telecommunications carriers against selecting 

13 Huawei as a supplier. 

14 (6) The Ike Skelton National Defense Authoriza15 tion Act for Fiscal Year 2011 (Public Law 111–383) 

16 provided authority and mechanisms for the Secretary 

17 of Defense to control these supply chain risks, but 

18 only for National Security Systems, leaving many in19 formation technology systems and missions exposed to 

20 supply chain risks. 

21 (7) Blocking sales from providers of information 

22 technology systems and services due to concerns about 

23 cybersecurity risks, while maintaining our commit24 ment to free trade and fair and transparent competi25 tion, poses difficult policy challenges. 


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1 (b) SENSE OF SENATE.—It is the sense of the Senate 

2 that the Department of Defense— 

3 (1) must ensure it maintains full visibility and 

4 adequate control of its supply chain, including sub5 contractors, in order to mitigate supply chain exploi6 tation; and 

7 (2) needs the authority and capability to miti8 gate supply chain risks to its information technology 

9 systems that fall outside the scope of National Secu10 rity Systems. 

11 SEC. 935. SENSE OF CONGRESS ON THE UNITED STATES 

12 CYBER COMMAND. 

13 (a) FINDINGS.—Congress makes the following findings: 

14 (1) On June 23, 2009, the Secretary of Defense 

15 directed the Commander of the United States Stra16 tegic Command to establish the United States Cyber 

17 Command, which became operational on May 21, 

18 2010, and operates as a sub-unified command subor19 dinate to the United States Strategic Command. 

20 (2) In May 2012, media reports indicated that 

21 General Martin Dempsey, the Chairman of the Joint 

22 Chiefs of Staff, planned to recommend to Secretary of 

23 Defense Leon Panetta that the two-year-old United 

24 States Cyber Command be elevated to full combatant 

25 command status. 


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1 (3) On August 14, 2012, General Keith Alex2 ander, the Commander of the United States Cyber 

3 Command and the Director of the National Security 

4 Agency, addressed the TechNet Land Forces conference 

5 and stated that ‘‘[i]n 2007 we drafted . . . a paper 

6 . . . about establishing a Cyber Command . . . [which 

7 concluded that] . . . the most logical is to set it up 

8 as a sub unified and grow it to a unified, and I think 

9 that’s the process that we’re going to work our way 

10 through’’. 

11 (4) On October 11, 2012, Secretary of Defense 

12 Leon Panetta discussed cybersecurity in a speech to 

13 the Business Executives for National Security in New 

14 York, New York, specifically calling for a strength15 ening of the United States Cyber Command and stat16 ing that the Department of Defense ‘‘must ensure that 

17 [the United States Cyber Command] has the re18 sources, that it has the authorities, that it has the ca19 pabilities required to perform this growing mission. 

20 And it must also be able to react quickly to events un21 folding in cyberspace and help fully integrate cyber 

22 into all of the department’s plans and activities.’’. 

23 (b) SENSE OF CONGRESS.—Congress— 

24 (1) recognizes the serious cyber threat to national 

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1 fensively to protect the Nation’s networks and critical 

2 infrastructure; 

3 (2) acknowledges the importance of the unified 

4 command structure of the Department in directing 

5 military operations in cyberspace and recognizes that 

6 a change in the status of the United States Cyber 

7 Command has Department-wide and national secu8 rity implications, which require careful consideration; 

9 (3) expects to be briefed and consulted about any 

10 proposal to elevate the United States Cyber Command 

11 to a unified command before a decision by the Sec12 retary make such a proposal to the President and to 

13 receive, at a minimum— 

14 (A) a clear statement of mission and related 

15 legal definitions; 

16 (B) an outline of the specific national secu17 rity benefits of elevating the sub-unified United 

18 States Cyber Command to a unified command; 

19 (C) an estimate of the cost of creating a 

20 unified United States Cyber Command and a 

21 justification of the expenditure; and 

22 (D) if the Secretary considers it advisable to 

23 continue the designation of the Commander of 

24 the United States Cyber Command as also being 

25 the Director of the National Security Agency— 


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1 (i) an explanation of how a single in2 dividual could serve as a commander of a 

3 combatant command that conducts overt, al4 beit clandestine, cyber operations under title 

5 10, United States Code, as well as the direc6 tor of an intelligence agency that conducts 

7 covert cyber operations under the National 

8 Security Act of 1947 (50 U.S.C. 401 et seq.) 

9 in a manner that affords deniability to the 

10 United States; and 

11 (ii) a statement of whether the Sec12 retary believes it is appropriate either to 

13 appoint a line officer as the Director of the 

14 National Security Agency or to take the un15 precedented step of appointing an intel16 ligence officer as a unified commander; and 

17 (4) believes that appropriate policy foundations 

18 and standing rules of engagement must be in place 

19 before any decision to create a unified United States 

20 Cyber Command. 

21 SEC. 936. REPORTS TO DEPARTMENT OF DEFENSE ON PEN22 ETRATIONS OF NETWORKS AND INFORMA23 TION SYSTEMS OF CERTAIN CONTRACTORS. 

24 (a) PROCESS FOR REPORTING PENETRATIONS.—The 

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1 nation with the officials specified in subsection (c), establish 

2 a process by which cleared defense contractors shall report 

3 to elements of the Department of Defense designated by the 

4 Under Secretary for purposes of the process when a network 

5 or information system of such contractors designated pursu6 ant to subsection (b) is successfully penetrated. 

7 (b) DESIGNATION OF NETWORKS AND INFORMATION

8 SYSTEMS.—The Under Secretary of Defense for Intelligence 

9 shall, in coordination with the officials specified in sub10 section (c), establish criteria for designating the cleared de11 fense contractors’ networks or information systems that con12 tain or process information created by or for the Depart13 ment of Defense to be subject to the reporting process estab14 lished pursuant to subsection (a). 

15 (c) OFFICIALS.—The officials specified in this sub16 section are the following: 

17 (1) The Under Secretary of Defense for Policy. 

18 (2) The Under Secretary of Defense for Acquisi19 tion, Technology, and Logistics. 

20 (3) The Chief Information Officer of the Depart21 ment of Defense. 

22 (4) The Commander of the United States Cyber 

23 Command. 

24 (d) PROCESS REQUIREMENTS.— 


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1 (1) RAPID REPORTING.—The process required by 

2 subsection (a) shall provide for rapid reporting by 

3 contractors of successful penetrations of designated 

4 network or information systems. 

5 (2) REPORT ELEMENTS.—The report by a con6 tractor on a successful penetration of a designated 

7 network or information system under the process shall 

8 include the following: 

9 (A) A description of the technique or meth10 od used in the penetration. 

11 (B) A sample of the malicious software, if 

12 discovered and isolated by the contractor. 

13 (3) ACCESS.—The process shall include mecha14 nisms by which Department of Defense personnel 

15 may, upon request, obtain access to equipment or in16 formation of a contractor necessary to conduct a fo17 rensic analysis to determine whether information cre18 ated by or for the Department in connection with any 

19 Department program was successfully exfiltrated from 

20 a network or information system of the contractor 

21 and, if so, what information was exfiltrated. 

22 (4) LIMITATION ON DISSEMINATION OF CERTAIN

23 INFORMATION.—The process shall prohibit the dis24 semination outside the Department of Defense of in25 formation obtained or derived through the process 


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1 that is not created by or for the Department except 

2 with the approval of the contractor providing such in3 formation. 

4 (e) CLEARED DEFENSE CONTRACTOR DEFINED.—In 

5 this section, the term ‘‘cleared defense contractor’’ means a 

6 private entity granted clearance by the Defense Security 

7 Service to receive and store classified information for the 

8 purpose of bidding for a contract or conducting activities 

9 under a contract with the Department of Defense. 

10 Subtitle D—Other Matters 

11 SEC. 941. NATIONAL LANGUAGE SERVICE CORPS. 

12 (a) AUTHORITY TO ESTABLISH.—The David L. Boren 

13 National Security Education Act of 1991 (50 U.S.C. 1901 

14 et seq.) is amended by adding at the end the following new 

15 section: 

16 ‘‘SEC. 813. NATIONAL LANGUAGE SERVICE CORPS. 

17 ‘‘(a) ESTABLISHMENT.—(1) The Secretary of Defense 

18 may establish and maintain within the Department of De19 fense a National Language Service Corps (in this section 

20 referred to as the ‘Corps’). 

21 ‘‘(2) The purpose of the Corps is to provide a pool of 

22 personnel with foreign language skills who, as provided in 

23 regulations prescribed under this section, agree to provide 

24 foreign language services to the Department of Defense or 

25 another department or agency of the United States. 


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1 ‘‘(b) NATIONAL SECURITY EDUCATION BOARD.—If the 

2 Corps is established, the Secretary shall provide for the Na3 tional Security Education Board to oversee and coordinate 

4 the activities of the Corps to such extent and in such man5 ner as determined by the Secretary under paragraph (9) 

6 of section 803(d). 

7 ‘‘(c) MEMBERSHIP.—To be eligible for membership in 

8 the Corps, a person must be a citizen of the United States 

9 authorized by law to be employed in the United States, have 

10 attained the age of 18 years, and possess such foreign lan11 guage skills as the Secretary considers appropriate for 

12 membership in the Corps. Members of the Corps may in13 clude employees of the Federal Government and of State 

14 and local governments. 

15 ‘‘(d) TRAINING.—The Secretary may provide members 

16 of the Corps such training as the Secretary prescribes for 

17 purposes of this section. 

18 ‘‘(e) SERVICE.—Upon a determination that it is in the 

19 national interests of the United States, the Secretary shall 

20 call upon members of the Corps to provide foreign language 

21 services to the Department of Defense or another department 

22 or agency of the United States. 

23 ‘‘(f) FUNDING.—The Secretary may impose fees, in 

24 amounts up to full-cost recovery, for language services and 

25 technical assistance rendered by members of the Corps. 


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1 Amounts of fees received under this section shall be credited 

2 to the account of the Department providing funds for any 

3 costs incurred by the Department in connection with the 

4 Corps. Amounts so credited to such account shall be merged 

5 with amounts in such account, and shall be available to 

6 the same extent, and subject to the same conditions and lim7 itations, as amounts in such account. Any amounts so cred8 ited shall remain available until expended.’’. 

9 (b) NATIONAL SECURITY EDUCATION BOARD MAT10 TERS.— 

11 (1) COMPOSITION.—Subsection (b) of section 803 

12 of such Act (50 U.S.C. 1903) is amended— 

13 (A) by striking paragraph (5); 

14 (B) by redesignating paragraphs (6) and 

15 (7) as paragraphs (8) and (9), respectively; and 

16 (C) by inserting after paragraph (4) the fol17 lowing new paragraphs: 

18 ‘‘(5) The Secretary of Homeland Security. 

19 ‘‘(6) The Secretary of Energy. 

20 ‘‘(7) The Director of National Intelligence.’’. 

21 (2) FUNCTIONS.—Subsection (d) of such section 

22 is amended by adding at the end the following new 

23 paragraph: 

24 ‘‘(9) To the extent provided by the Secretary of 

25 Defense, oversee and coordinate the activities of the 


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1 National Language Service Corps under section 813, 

2 including— 

3 ‘‘(A) identifying and assessing on a peri4 odic basis the needs of the departments and agen5 cies of the Federal Government for personnel 

6 with skills in various foreign languages; 

7 ‘‘(B) establishing plans to address foreign 

8 language shortfalls and requirements of the de9 partments and agencies of the Federal Govern10 ment; 

11 ‘‘(C) recommending effective ways to in12 crease public awareness of the need for foreign 

13 languages skills and career paths in the Federal 

14 government that use those skills; 

15 ‘‘(D) coordinating activities with Executive 

16 agencies and State and Local governments to de17 velop interagency plans and agreements to ad18 dress overall foreign language shortfalls and to 

19 utilize personnel to address the various types of 

20 crises that warrant foreign language skills; and 

21 ‘‘(E) proposing to the Secretary regulations 

22 to carry out section 813.’’. 


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1 SEC. 942. REPORT ON EDUCATION AND TRAINING AND PRO2 MOTION RATES FOR PILOTS OF REMOTELY PI3 LOTED AIRCRAFT. 

4 (a) REPORT REQUIRED.—Not later than January 31, 

5 2013, the Secretary of the Air Force and the Chief of Staff 

6 of the Air Force shall jointly submit to the congressional 

7 defense committees a report on education and training and 

8 promotion rates for Air Force pilots of remotely piloted air9 craft (RPA). 

10 (b) ELEMENTS.—The report required by subsection (a) 

11 shall include the following: 

12 (1) A detailed analysis of the reasons for persist13 ently lower average education and training and pro14 motion rates for Air Force pilots of remotely piloted 

15 aircraft. 

16 (2) An assessment of the long-term impact on the 

17 Air Force of the sustainment of such lower rates 

18 (3) A plan to raise such rates, including— 

19 (A) a description of the near-term and 

20 longer-term actions the Air Force intends to un21 dertake to implement the plan; and 

22 (B) an analysis of the potential direct and 

23 indirect impacts of the plan on the achievement 

24 and sustainment of the combat air patrol objec25 tives of the Air Force for remotely piloted air26 craft. 


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1 TITLE X—GENERAL PROVISIONS 

2 Subtitle A—Financial Matters 

3 SEC. 1001. GENERAL TRANSFER AUTHORITY. 

4 (a) AUTHORITY TO TRANSFER AUTHORIZATIONS.— 

5 (1) AUTHORITY.—Upon determination by the 

6 Secretary of Defense that such action is necessary in 

7 the national interest, the Secretary may transfer 

8 amounts of authorizations made available to the De9 partment of Defense in this division for fiscal year 

10 2013 between any such authorizations for that fiscal 

11 year (or any subdivisions thereof). Amounts of au12 thorizations so transferred shall be merged with and 

13 be available for the same purposes as the authoriza14 tion to which transferred. 

15 (2) LIMITATION.—Except as provided in para16 graph (3), the total amount of authorizations that the 

17 Secretary may transfer under the authority of this 

18 section may not exceed $5,000,000,000. 

19 (3) EXCEPTION FOR TRANSFERS BETWEEN MILI20 TARY PERSONNEL AUTHORIZATIONS.—A transfer of 

21 funds between military personnel authorizations 

22 under title IV shall not be counted toward the dollar 

23 limitation in paragraph (2). 

24 (b) LIMITATIONS.—The authority provided by this sec25 tion to transfer authorizations— 


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1 (1) may only be used to provide authority for 

2 items that have a higher priority than the items from 

3 which authority is transferred; and 

4 (2) may not be used to provide authority for an 

5 item that has been denied authorization by Congress. 

6 (c) EFFECT ON AUTHORIZATION AMOUNTS.—A trans7 fer made from one account to another under the authority 

8 of this section shall be deemed to increase the amount au9 thorized for the account to which the amount is transferred 

10 by an amount equal to the amount transferred. 

11 (d) NOTICE TO CONGRESS.—The Secretary shall 

12 promptly notify Congress of each transfer made under sub13 section (a). 

14 SEC. 1002. AUTHORITY TO TRANSFER FUNDS TO THE NA15 TIONAL NUCLEAR SECURITY ADMINISTRA16 TION TO SUSTAIN NUCLEAR WEAPONS MOD17 ERNIZATION. 

18 (a) TRANSFER AUTHORIZED.—If the amount author19 ized to be appropriated for the weapons activities of the Na20 tional Nuclear Security Administration for fiscal year 2013 

21 in section 3101 is less than $7,900,000,000 (the amount 

22 projected to be required for such activities in fiscal year 

23 2013 as specified in the report under section 1251 of the 

24 National Defense Authorization Act for Fiscal Year 2010 

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1 fense may transfer, from amounts authorized to be appro2 priated for the Department of Defense for fiscal year 2013 

3 pursuant to this Act, to the Secretary of Energy an amount, 

4 not to exceed $150,000,000, to be available only for weapons 

5 activities of the National Nuclear Security Administration. 

6 (b) NOTICE TO CONGRESS.—In the event of a transfer 

7 under subsection (a), the Secretary of Defense shall prompt8 ly notify Congress of the transfer, and shall include in such 

9 notice the Department of Defense account or accounts from 

10 which funds are transferred. 

11 (c) TRANSFER MECHANISM.—Any funds transferred 

12 under this section shall be transferred in accordance with 

13 established procedures for reprogramming under section 

14 1001 or successor provisions of law. 

15 (d) CONSTRUCTION OF AUTHORITY.—The transfer au16 thority provided under subsection (a) is in addition to any 

17 other transfer authority provided under this Act. 

18 SEC. 1003. AUDIT READINESS OF DEPARTMENT OF DE19 FENSE STATEMENTS OF BUDGETARY RE20 SOURCES. 

21 (a) OBJECTIVE.—Section 1003(a)(2)(A)(ii) of the Na22 tional Defense Authorization Act for Fiscal Year 2010 (Pub23 lic Law 111–84; 123 Stat. 2439; 10 U.S.C. 2222 note) is 

24 amended by inserting ‘‘, and the statement of budgetary re25 sources of the Department of Defense is validated as ready 


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1 for audit by not later than September 30, 2014’’ after ‘‘Sep2 tember 30, 2017’’. 

3 (b) AFFORDABLE AND SUSTAINABLE APPROACH.— 

4 (1) IN GENERAL.—The Chief Management Offi5 cer of the Department of Defense and the Chief Man6 agement Officers of each of the military departments 

7 shall ensure that plans to achieve an auditable state8 ment of budgetary resources of the Department of De9 fense by September 30, 2014, include appropriate 

10 steps to minimize one-time fixes and manual work11 arounds, are sustainable and affordable, and will not 

12 delay full auditability of financial statements. 

13 (2) ADDITIONAL ELEMENTS IN FIAR PLAN RE14 PORT.—Each semi-annual report on the Financial 

15 Improvement and Audit Readiness Plan of the De16 partment of Defense submitted by the Under Sec17 retary of Defense (Comptroller) under section 1003(b) 

18 of the National Defense Authorization Act for Fiscal 

19 Year 2010 during the period beginning on the date of 

20 the enactment of this Act and ending on September 

21 30, 2014, shall include the following: 

22 (A) A description of the actions taken by 

23 the military departments pursuant to paragraph 

24 (1). 


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1 (B) A determination by the Chief Manage2 ment Officer of each military department wheth3 er or not such military department is able to 

4 achieve an auditable statement of budgetary re5 sources by September 30, 2014, without an 

6 unaffordable or unsustainable level of one-time 

7 fixes and manual work-arounds and without de8 laying the full auditability of the financial state9 ments of such military department. 

10 (C) If the Chief Management Officer of a 

11 military department determines under subpara12 graph (B) that the military department is not 

13 able to achieve an auditable statement of budg14 etary resources by September 30, 2014, as de15 scribed in that subparagraph— 

16 (i) an explanation why the military 

17 department is unable to meet the deadline; 

18 (ii) an alternative deadline by which 

19 the military department will achieve an 

20 auditable statement of budgetary resources; 

21 (iii) a description of the plan of the 

22 military department for meeting the alter23 native deadline. 


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1 SEC. 1004. REPORT ON EFFECTS OF BUDGET SEQUESTRA2 TION ON THE DEPARTMENT OF DEFENSE. 

3 (a) FINDINGS.—Congress makes the following findings: 

4 (1) The inability of the Joint Select Committee 

5 on Deficit Reduction to find $1,200,000,000,000 in 

6 savings will trigger automatic funding reductions 

7 known as ‘‘sequestration’’ to the Department of De8 fense of $492,000,000,000 between 2013 and 2021 

9 under section 251A of the Balanced Budget and 

10 Emergency Deficit Control Act of 1985 (2 USC 901a). 

11 (2) These reductions are in addition to reduc12 tions of $487,000,000,000 already being implemented 

13 by the Department of Defense, and would decrease the 

14 readiness and capabilities of the Armed Forces while 

15 increasing risks to the effective implementation of the 

16 National Security Strategy of the United States. 

17 (3) The leaders of the Department of Defense 

18 have consistently testified that threats to the national 

19 security of the United States have increased, not de20 creased. Secretary of Defense Leon Panetta said that 

21 these reductions would ‘‘inflict severe damage to our 

22 national defense for generations’’, comments that have 

23 been echoed by the Secretaries of the Army, Navy, and 

24 Air Force. 

25 (4) While reductions in funds available for the 

26 Department of Defense will automatically commence 


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1 January 2, 2013, uncertainty regarding the reduc2 tions has already exacerbated Department of Defense 

3 efforts to plan future defense budget. 

4 (5) Sequestration will have a detrimental effect 

5 on the industrial base that supports the Department 

6 of Defense. 

7 (b) REPORT.— 

8 (1) IN GENERAL.—Not later than August 15, 

9 2012, the Secretary of Defense shall submit to the 

10 Committees on Armed Services of the Senate and the 

11 House of Representatives a detailed report on the im12 pact on the Department of Defense of the sequestra13 tion of funds authorized and appropriated for fiscal 

14 year 2013 for the Department of Defense, if automati15 cally triggered on January 2, 2013, under section 

16 251A of the Balanced Budget and Emergency Deficit 

17 Control Act of 1985. 

18 (2) ELEMENTS.—The report required by para19 graph (1) shall include the following: 

20 (A) An assessment of the potential impact 

21 of sequestration on the readiness of the Armed 

22 Forces, including impacts to steaming hours, fly23 ing hours, and full spectrum training miles, and 

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1 ness (as defined in the C status C–1 through C– 

2 5). 

3 (B) An assessment of the potential impact 

4 of sequestration on the ability of the Department 

5 of Defense to carry out the National Military 

6 Strategy of the United States, and any changes 

7 to the most recent Risk Assessment of the Chair8 man of the Joint Chiefs of Staff under section 

9 153(b) of title 10, United States Code arising 

10 from sequestration. 

11 (C) A list of the programs, projects, and ac12 tivities across the Department of Defense, the 

13 military departments, and the elements and 

14 components of the Department of Defense that 

15 would be reduced or terminated as a result of se16 questration. 

17 (D) An estimate of the number and value of 

18 all contracts that will be terminated, restruc19 tured, or revised in scope as a result of sequestra20 tion, including an estimate of potential termi21 nation costs and of increased contract costs due 

22 to renegotiation and reinstatement of contracts. 

23 (3) ASSUMPTIONS.—The report required by 

24 paragraph (1) shall assume the following: 


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1 (A) Except as provided in subparagraph 

2 (B), the funds subject to sequester are the funds 

3 in all 050 accounts, including all unobligated 

4 balances. 

5 (B) The funds exempt from the sequester are 

6 the following: 

7 (i) Funds in accounts for military per8 sonnel. 

9 (ii) Funds in accounts for overseas 

10 contingency operations. 

11 (4) PRESENTATION OF CERTAIN INFORMATION.— 

12 In listing programs, projects, and activities under 

13 paragraph (2)(C), the report required by paragraph 

14 (1) shall set forth for each the following: 

15 (A) The most specific level of budget item 

16 identified in applicable appropriations Acts. 

17 (B) Related classified annexes and explana18 tory statements. 

19 (C) Department of Defense budget justifica20 tion documents DOD P–1 and R–1 as subse21 quently modified by congressional action, and as 

22 submitted by the Department of Defense together 

23 with the budget materials for the budget of the 

24 President for fiscal year 2013 (as submitted to 


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1 Congress pursuant to section 1105(a) of title 31, 

2 United States Code). 

3 (D) Department of Defense document O–1 

4 for operation and maintenance accounts for fis5 cal year 2013, for which purpose the term ‘‘pro6 gram, project, or activity’’ means the budget ac7 tivity account and sub account for the program, 

8 project, or activity as submitted in such docu9 ment O–1. 

10 SEC. 1005. REPORT ON BALANCES CARRIED FORWARD BY 

11 THE DEPARTMENT OF DEFENSE AT THE END 

12 OF FISCAL YEAR 2012. 

13 Not later than 180 days after the date of the enactment 

14 of this Act, the Secretary of Defense shall submit to Con15 gress, and publish on the Internet website of the Department 

16 of Defense available to the public, the following: 

17 (1) The total dollar amount of all balances car18 ried forward by the Department of Defense at the end 

19 of fiscal year 2012 by account. 

20 (2) The total dollar amount of all unobligated 

21 balances carried forward by the Department of De22 fense at the end of fiscal year 2012 by account. 

23 (3) The total dollar amount of any balances 

24 (both obligated and unobligated) that have been car25 ried forward by the Department of Defense for five 


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1 years or more as of the end of fiscal year 2012 by ac2 count. 

3 SEC. 1006. TRANSFER OF CERTAIN FISCAL YEAR 2012 AND 

4 2013 FUNDS. 

5 (a) TRANSFER AUTHORIZED.—To the extent provided 

6 in appropriations Acts, the Secretary of Defense may trans7 fer from fiscal year 2012 and 2013 procurement or research, 

8 development, test, and evaluation accounts an aggregate of 

9 $46,000,000 to be available for the additional authoriza10 tions in sections 132, 154, and 217. 

11 (b) COVERED FUNDS.—In subsection (a), the term 

12 ‘‘fiscal year 2012 and 2013 procurement or research, devel13 opment, test, and evaluation accounts’’ means— 

14 (1) amounts authorized to be appropriated for 

15 fiscal year 2012 by sections 101 and 201 of the Na16 tional Defense Authorization Act for Fiscal Year 2012 

17 (Public Law 112–81) and available as specified in the 

18 funding tables in sections 4101 and 4201 of that Act 

19 for Army tactical bridging, BLIN–133, $12.5 million; 

20 Army C–RAM, BLIN–90, $15.8 million; Army non21 system training devices, BLIN–182, $9.8 million; De22 fense wide 12/14 USSOCOM C–ISO modifications, 

23 $4.0 million; Defense wide 12/14 Combat mission re24 quirements, $4.2 million. 


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1 (c) EFFECT ON AUTHORIZATION AMOUNTS.—A trans2 fer made from one account to another under the authority 

3 of this section shall be deemed to change the amount author4 ized for the account to which the amount is transferred by 

5 an amount equal to the amount transferred. 

6 (d) CONSTRUCTION OF AUTHORITY.—The transfer au7 thority in this section is in addition to any other transfer 

8 authority provided in this Act. 

9 Subtitle B—Counter-Drug Activities 

10 SEC. 1011. EXTENSION OF AUTHORITY FOR JOINT TASK 

11 FORCES TO PROVIDE SUPPORT TO LAW EN12 FORCEMENT AGENCIES CONDUCTING 

13 COUNTER-TERRORISM ACTIVITIES. 

14 Section 1022(b) of the National Defense Authorization 

15 Act for Fiscal Year 2004 (10 U.S.C. 371 note) is amended 

16 by striking ‘‘2012’’ and inserting ‘‘2013’’. 

17 SEC. 1012. REQUIREMENT FOR BIENNIAL CERTIFICATION 

18 ON PROVISION OF SUPPORT FOR COUNTER19 DRUG ACTIVITIES TO CERTAIN FOREIGN GOV20 ERNMENTS. 

21 Section 1033 of the National Defense Authorization 

22 Act for Fiscal Year 1998 (Public Law 105–85; 111 Stat. 

23 1881), as most recently amended by section 1006 of the Na24 tional Defense Authorization Act for Fiscal Year 2012 (Pub25 lic Law 112–81; 125 Stat. 1557), is further amended— 


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1 (1) in subsection (f)— 

2 (A) in paragraph (1), by striking ‘‘the writ3 ten certification described in subsection (g) for 

4 that fiscal year.’’ and inserting ‘‘a written cer5 tification described in subsection (g) applicable 

6 to that fiscal year. The first such certification 

7 with respect to any such government may apply 

8 only to a period of one fiscal year. Subsequent 

9 certifications with respect to any such govern10 ment may apply to a period of not to exceed two 

11 fiscal years.’’; and 

12 (B) in paragraph (4)(B), by striking ‘‘The 

13 Committee on National Security and the Com14 mittee on International Relations of the House of 

15 Representatives’’ and inserting ‘‘The Committee 

16 on Armed Services and the Committee on For17 eign Affairs of the House of Representatives’’; 

18 and 

19 (2) in subsection (g), in the matter preceding 

20 paragraph (1)— 

21 (A) by striking ‘‘The written’’ and inserting 

22 ‘‘A written’’; and 

23 (B) by striking ‘‘for a fiscal year’’ and all 

24 that follows through the colon and inserting 

25 ‘‘with respect to a government to receive support 


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1 under this section for any period of time is a 

2 certification of each of the following with respect 

3 to that government:’’. 

4 SEC. 1013. AUTHORITY TO SUPPORT THE UNIFIED 

5 COUNTERDRUG AND COUNTERTERRORISM 

6 CAMPAIGN IN COLOMBIA. 

7 (a) AUTHORITY.— 

8 (1) IN GENERAL.—Of the amounts authorized to 

9 be appropriated by section 1404 for the Department 

10 of Defense for drug interdiction and counter-drug ac11 tivities, Defense-wide for fiscal year 2013, not more 

12 than $50,000,000 may be used by the Secretary of De13 fense to provide in support of a unified campaign by 

14 the Government of Colombia against narcotics traf15 ficking and against terrorist organizations (as des16 ignated by the Secretary of State) in Colombia the 

17 following: 

18 (A) Logistics support, services, and sup19 plies. 

20 (B) The types of support authorized under 

21 section 1004(b) of the National Defense Author22 ization Act for Fiscal Year 1991 (10 U.S.C. 374 

23 note). 

24 (C) The types of support authorized under 

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1 ization Act for Fiscal Year 1998 (Public Law 

2 105–85). 

3 (2) SCOPE OF AUTHORITY.—The authority to 

4 provide assistance for a campaign under this sub5 section includes authority to take actions to protect 

6 human health and welfare in emergency cir7 cumstances, including the undertaking of rescue oper8 ations. 

9 (b) ASSISTANCE OTHERWISE PROHIBITED BY LAW.— 

10 The Secretary of Defense may not use the authority in sub11 section (a) to provide any type of assistance described in 

12 this subsection that is otherwise prohibited by any provision 

13 of law. 

14 (c) LIMITATION ON PARTICIPATION OF UNITED

15 STATES PERSONNEL.—No United States Armed Forces per16 sonnel, United States civilian employees, or United States 

17 civilian contractor personnel employed by the United States 

18 may participate in any combat operation in connection 

19 with assistance using funds pursuant to the authority in 

20 subsection (a), except for the purpose of acting in self de21 fense or of rescuing any United States citizen, including 

22 any United States Armed Forces personnel, United States 

23 civilian employee, or civilian contractor employed by the 

24 United States. 


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1 (d) RELATION TO OTHER AUTHORITIES.—The author2 ity provided by subsection (a) is in addition to any other 

3 authority in law to provide assistance to the Government 

4 of Colombia. 

5 (e) REPORT.— 

6 (1) IN GENERAL.—Not later than November 1 

7 following any fiscal year in which the Secretary of 

8 Defense provides support under subsection (a), the 

9 Secretary shall submit to the congressional defense 

10 committees a report setting forth the following: 

11 (A) A description of the support provided, 

12 including— 

13 (i) a description of the support; 

14 (ii) the cost of the support; 

15 (iii) a list of the Colombia units to 

16 which support was provided; and 

17 (iv) a list of the Colombia operations 

18 supported. 

19 (B) Guidance for future Department of De20 fense support for a unified campaign by the Gov21 ernment of Colombia against narcotics traf22 ficking and terrorism. 

23 (2) FORM.—The report required by paragraph 

24 (1) shall be submitted in unclassified form, but may 

25 include a classified annex. 


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1 SEC. 1014. QUARTERLY REPORTS ON USE OF FUNDS IN THE 

2 DRUG INTERDICTION AND COUNTER-DRUG 

3 ACTIVITIES, DEFENSE-WIDE ACCOUNT. 

4 (a) QUARTERLY REPORTS ON EXPENDITURES OF

5 FUNDS.—Not later than 60 days after the end of each fiscal 

6 year quarter, the Secretary of Defense shall submit to the 

7 congressional defense committees a report setting forth a de8 scription of the expenditure of funds, by project code, from 

9 the Drug Interdiction and Counter-Drug Activities, De10 fense-wide account during such fiscal year quarter, includ11 ing expenditures of funds in direct or indirect support of 

12 the counter-drug activities of foreign governments. 

13 (b) INFORMATION ON SUPPORT OF COUNTER-DRUG AC14 TIVITIES OF FOREIGN GOVERNMENTS.—The information in 

15 a report under subsection (a) on direct or indirect support 

16 of the counter-drug activities of foreign governments shall 

17 include, for each foreign government so supported, the fol18 lowing: 

19 (1) The total amount of assistance provided to, 

20 or expended on behalf of, the foreign government. 

21 (2) A description of the types of counter-drug ac22 tivities conducted using the assistance. 

23 (3) An explanation of the legal authority under 

24 which the assistance was provided. 


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1 (c) CESSATION OF REQUIREMENT.—No report shall be 

2 required under subsection (a) for any fiscal year quarter 

3 beginning on or after October 1, 2017. 

4 (d) REPEAL OF OBSOLETE AUTHORITY.—Section 1022 

5 of the Floyd D. Spence National Defense Authorization Act 

6 for Fiscal Year 2001 (as enacted into law by Public Law 

7 106–398) is repealed. 

8 Subtitle C—Naval Vessels and 

9 Shipyards 

10 SEC. 1021. RETIREMENT OF NAVAL VESSELS. 

11 (a) REPORT REQUIRED.—Not later than 30 days after 

12 the date of the enactment of this Act, the Chief of Naval 

13 Operations shall submit to the congressional defense com14 mittees a report that sets forth a comprehensive description 

15 of the current requirements of the Navy for combatant ves16 sels of the Navy, including submarines. 

17 (b) ADDITIONAL REPORT ELEMENT IF LESS THAN 313 

18 VESSELS REQUIRED.—If the number of combatant vessels 

19 for the Navy (including submarines) specified as being re20 quired in the report under subsection (a) is less than 313 

21 combatant vessels, the report shall include a justification 

22 for the number of vessels specified as being so required and 

23 the rationale by which the number of vessels is considered 

24 consistent with applicable strategic guidance issued by the 

25 President and the Secretary of Defense in 2012. 


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1 SEC. 1022. TERMINATION OF A MARITIME PREPOSITIONING 

2 SHIP SQUADRON. 

3 (a) REPORT REQUIRED.— 

4 (1) IN GENERAL.—Not later than 60 days after 

5 the date of the enactment of this Act, the Chief of 

6 Naval Operations and the Commandant of the Ma7 rine Corps shall jointly submit to the congressional 

8 defense committees a report setting forth an assess9 ment of the Marine Corps Prepositioning Program– 

10 Norway and the capability of that program to ad11 dress any readiness gaps that will be created by the 

12 termination of Maritime Prepositioning Ship Squad13 ron One in the Mediterranean. 

14 (2) ELEMENTS.—The report required by para15 graph (1) shall include the following: 

16 (A) A detailed description of the time re17 quired to transfer stockpiles onto Navy vessels for 

18 use in contingency operations. 

19 (B) A comparison of the response time of 

20 the Marine Corps Prepositioning Program–Nor21 way with the current response time of Maritime 

22 Prepositioning Ship Squadron One. 

23 (C) A description of the equipment stored in 

24 the stockpiles of the Marine Corps Prepositioning 

25 Program–Norway, and an assessment of the dif26 ferences, if any, between that equipment and the 


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1 equipment of a Maritime Prepositioning Ship 

2 squadron. 

3 (D) A description and assessment of the 

4 current age and state of maintenance of the 

5 equipment of the Marine Corps Maritime 

6 Prepositioning Program–Norway. 

7 (E) A plan to address the equipment short8 ages and modernization needs of the Marine 

9 Corps Maritime Prepositioning Program–Nor10 way. 

11 (b) LIMITATION ON AVAILABILITY OF FUNDS.— 

12 Amounts authorized to be appropriated by this Act may 

13 not be obligated or expended to terminate a Maritime 

14 Prepositioning Ship squadron until the date of the sub15 mittal to the congressional defense committees of the report 

16 required by subsection (a). 

17 SEC. 1023. SENSE OF CONGRESS ON RECAPITALIZATION 

18 FOR THE NAVY AND COAST GUARD. 

19 (a) FINDINGS.—Congress makes the following findings: 

20 (1) More than 70 percent of the world’s surface 

21 is comprised of navigable oceans. 

22 (2) More than 80 percent of the population of the 

23 world lives within 100 miles of an ocean. 

24 (3) More than 90 percent of the world’s com25 merce traverses an oceans. 


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1 (4) The national security of the United States is 

2 inextricably linked to the maintenance of global free3 dom of access for both the strategic and commercial 

4 interests of the United States. 

5 (5) To maintain that freedom of access the sea 

6 services of the United States, composed of the Navy, 

7 the Marine Corps, and the Coast Guard, must be suf8 ficiently positioned as rotationally globally deployable 

9 forces with the capability to decisively defend United 

10 States citizens, homeland, and interests abroad from 

11 direct or asymmetric attack and must be comprised 

12 of sufficient vessels to maintain global freedom of ac13 tion. 

14 (6) To achieve appropriate capabilities to ensure 

15 national security the Government of the United States 

16 must continue to recapitalize the fleets of the Navy 

17 and Coast Guard and must continue to conduct vital 

18 maintenance and repair of existing vessels to ensure 

19 such vessels meet service life goals. 

20 (b) SENSE OF CONGRESS.—It is the sense of Congress 

21 that— 

22 (1) the sea services of the United States should 

23 be funded and maintained to provide the broad spec24 trum of capabilities required to protect the national 

25 security of the United States; 


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1 (2) such capabilities should include— 

2 (A) the ability to project United States 

3 power rapidly anywhere on the globe without the 

4 need for host nation basing permission or long 

5 and potentially vulnerable logistics supply lines; 

6 (B) the ability to land and recover mari7 time forces from the sea for direct combat action, 

8 to evacuate United States citizens from hostile 

9 situations, and to provide humanitarian assist10 ance where needed; 

11 (C) the ability to operate from the sub12 surface with overpowering conventional combat 

13 power, as well as strategic deterrence; and 

14 (D) the ability to operate in collaboration 

15 with United States maritime partners in the 

16 common interest of preventing piracy at sea and 

17 maintaining the commercial sea lanes available 

18 for global commerce; 

19 (3) the Secretary of Defense, in coordination 

20 with the Secretary of the Navy, should maintain the 

21 recapitalization plans for the Navy as a priority in 

22 all future force structure decisions; and 

23 (4) the Secretary of Homeland Security should 

24 maintain the recapitalization plans for the Coast 


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1 Guard as a priority in all future force structure deci2 sions. 

3 SEC. 1024. NOTICE TO CONGRESS FOR THE REVIEW OF PRO4 POSALS TO NAME NAVAL VESSELS. 

5 (a) FINDINGS.—Congress makes the following findings: 

6 (1) The Navy traces its ancestry to October 13, 

7 1775, when an Act of the Continental Congress au8 thorized the first vessel of a navy for the United Colo9 nies. Vessels of the Continental Navy were named for 

10 early patriots and military heroes, Federal institu11 tions, colonial cities, and positive character traits 

12 representative of naval and military virtues. 

13 (2) An Act of Congress on March 3, 1819, made 

14 the Secretary of the Navy responsible for assigning 

15 names to vessels of the Navy. Traditional sources for 

16 vessel names customarily encompassed such categories 

17 as geographic locations in the United States; historic 

18 sites, battles, and ships; naval and military heroes 

19 and leaders; and noted individuals who made distin20 guished contributions to United States national secu21 rity. 

22 (3) These customs and traditions provide appro23 priate and necessary standards for the naming of ves24 sels of the Navy. 


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1 (b) NOTICE TO CONGRESS.—Section 7292 of title 10, 

2 United States Code, is amended by adding at the end the 

3 following new subsection: 

4 ‘‘(d)(1) The Secretary of the Navy may not announce 

5 or implement any proposal to name a vessel of the Navy 

6 until 30 days after the date on which the Secretary submits 

7 to the Committees on Armed Services of the Senate and the 

8 House of Representatives a report setting forth such pro9 posal. 

10 ‘‘(2) Each report under this subsection shall describe 

11 the justification for the proposal covered by such report in 

12 accordance with the standards referred to in section 1024(a) 

13 of the National Defense Authorization Act for Fiscal Year 

14 2013.’’. 

15 (c) EFFECTIVE DATE.—This section and the amend16 ment made by this section shall go into effect on the date 

17 that is 30 days after the date of the enactment of this Act. 

18 Subtitle D— Counterterrorism 

19 SEC. 1031. EXTENSION OF CERTAIN PROHIBITIONS AND RE20 QUIREMENTS RELATING TO DETAINEES AT 

21 UNITED STATES NAVAL STATION, GUANTA22 NAMO BAY, CUBA. 

23 (a) PROHIBITION ON USE OF FUNDS TO CONSTRUCT

24 OR MODIFY FACILITIES IN US FOR TRANSFER OF DETAIN25 EES.—Section 1026(a) of the National Defense AuthorizaVerDate Mar 15 2010 01:32 Dec 07, 2012 Jkt 029200 PO 00000 Frm 00550 Fmt 6652 Sfmt 6203 E:\SENENR\H4310.PP H4310

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1 tion Act for Fiscal Year 2012 (Public Law 112–81; 125 

2 Stat. 1566) is amended by inserting ‘‘or 2013’’ after ‘‘fiscal 

3 year 2012’’. 

4 (b) REQUIREMENTS FOR CERTIFICATIONS ON TRANS5 FERS OF DETAINEES TO FOREIGN COUNTRIES OR ENTI6 TIES.—Section 1028(a)(1) of the National Defense Author7 ization Act for Fiscal Year 2012 (125 Stat. 1567; 10 U.S.C. 

8 801 note) is amended by inserting ‘‘or 2013’’ after ‘‘fiscal 

9 year 2012’’. 

10 SEC. 1032. PROHIBITION ON USE OF FUNDS FOR THE 

11 TRANSFER OR RELEASE OF INDIVIDUALS 

12 FROM UNITED STATES NAVAL STATION, 

13 GUANTANAMO BAY, CUBA. 

14 No authorized to be appropriated funds may be used 

15 to transfer, release, or assist in the transfer or release to 

16 or within the United States, its territories, or possessions 

17 of Khalid Sheikh Mohammed or any other detainee who— 

18 (1) is not a United States citizen or a member 

19 of the Armed Forces of the United States; and 

20 (2) is or was held on or after January 20, 2009, 

21 at United States Naval Station, Guantanamo Bay, 

22 Cuba, by the Department of Defense. 


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1 SEC. 1033. PROHIBITION ON THE INDEFINITE DETENTION 

2 OF CITIZENS AND LAWFUL PERMANENT RESI3 DENTS. 

4 Section 4001 of title 18, United States Code, is amend5 ed— 

6 (1) by redesignating subsection (b) as subsection 

7 (c); and 

8 (2) by inserting after subsection (a) the fol9 lowing: 

10 ‘‘(b)(1) An authorization to use military force, a dec11 laration of war, or any similar authority shall not author12 ize the detention without charge or trial of a citizen or law13 ful permanent resident of the United States apprehended 

14 in the United States, unless an Act of Congress expressly 

15 authorizes such detention. 

16 ‘‘(2) Paragraph (1) applies to an authorization to use 

17 military force, a declaration of war, or any similar author18 ity enacted before, on, or after the date of the enactment 

19 of the National Defense Authorization Act For Fiscal Year 

20 2013. 

21 ‘‘(3) Paragraph (1) shall not be construed to authorize 

22 the detention of a citizen of the United States, a lawful per23 manent resident of the United States, or any other person 

24 who is apprehended in the United States.’’. 


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1 Subtitle E—Miscellaneous 

2 Authorities and Limitations 

3 SEC. 1041. ENHANCEMENT OF RESPONSIBILITIES OF THE 

4 CHAIRMAN OF THE JOINT CHIEFS OF STAFF 

5 REGARDING THE NATIONAL MILITARY STRAT6 EGY. 

7 (a) IN GENERAL.—Subsection (b) of section 153 of title 

8 10, United States Code, is amended to read as follows: 

9 ‘‘(b) NATIONAL MILITARY STRATEGY.— 

10 ‘‘(1) NATIONAL MILITARY STRATEGY.—(A) The 

11 Chairman shall determine each even-numbered year 

12 whether to prepare a new National Military Strategy 

13 in accordance with this subparagraph or to update a 

14 strategy previously prepared in accordance with this 

15 subsection. The Chairman shall complete preparation 

16 of the National Military Strategy or update in time 

17 for transmittal to Congress pursuant to paragraph 

18 (3), including in time for inclusion of the report of 

19 the Secretary of Defense, if any, under paragraph (4). 

20 ‘‘(B) Each National Military Strategy (or up21 date) under this paragraph shall be based on a com22 prehensive review conducted by the Chairman in con23 junction with the other members of the Joint Chiefs 

24 of Staff and the commanders of the unified and speci25 fied combatant commands. 


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1 ‘‘(C) Each National Military Strategy (or up2 date) submitted under this paragraph shall refer to 

3 and support each of the following: 

4 ‘‘(i) The most recent National Security 

5 Strategy prescribed by the President pursuant to 

6 section 108 of the National Security Act of 1947 

7 (50 U.S.C. 404a). 

8 ‘‘(ii) The most recent annual report of the 

9 Secretary of Defense submitted to the President 

10 and Congress pursuant to section 113 of this 

11 title. 

12 ‘‘(iii) The most recent Quadrennial Defense 

13 Review conducted by the Secretary of Defense 

14 pursuant to section 118 of this title. 

15 ‘‘(iv) Any other national security or defense 

16 strategic guidance issued by the President or the 

17 Secretary of Defense. 

18 ‘‘(D) Each National Military Strategy (or up19 date) submitted under this paragraph shall do the fol20 lowing: 

21 ‘‘(i) Describe the strategic environment and 

22 the opportunities and challenges that affect 

23 United States national interests and United 

24 States national security. 


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1 ‘‘(ii) Describe the threats, such as inter2 national, regional, transnational, hybrid, ter3 rorism, cyber-attack, weapons of mass destruc4 tion, asymmetric challenges, and any other cat5 egories of threats identified by the Chairman, to 

6 the United States national security. 

7 ‘‘(iii) Identify the United States national 

8 military objectives and the relationship of those 

9 objectives to the strategic environment and to the 

10 threats described under clause (ii). 

11 ‘‘(iv) Identify the operational concepts, mis12 sions, tasks, or activities necessary to support the 

13 achievement of the objectives identified under 

14 clause (iii). 

15 ‘‘(v) Identify the fiscal, budgetary, and re16 source environments and conditions that, in the 

17 assessment of the Chairman, impact the strategy. 

18 ‘‘(vi) Identify the implications of current 

19 force planning and sizing constructs for the 

20 strategy. 

21 ‘‘(vii) Identify and assess the capacity, ca22 pabilities, and availability of United States 

23 forces (including both the regular and reserve 

24 components) to support the execution of missions 

25 required by the strategy. 


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1 ‘‘(viii) Identify areas in which the armed 

2 forces intends to engage and synchronize with 

3 other departments and agencies of the United 

4 States Government contributing to the execution 

5 of missions required by the strategy. 

6 ‘‘(ix) Identify and assess potential areas in 

7 which the armed forces could be augmented by 

8 contributions from alliances (such as the North 

9 Atlantic Treaty Organization (NATO)), inter10 national allies, or other friendly nations in the 

11 execution of missions required by the strategy. 

12 ‘‘(x) Identify and assess the requirements 

13 for contractor support to the armed forces for 

14 conducting training, peacekeeping, overseas con15 tingency operations, and other major combat op16 erations under the strategy. 

17 ‘‘(xi) Identify the assumptions made with 

18 respect to each of clauses (i) through (x). 

19 ‘‘(E) Each update to a National Military Strat20 egy under this paragraph shall address only those 

21 parts of the most recent National Military Strategy 

22 for which the Chairman determines, on the basis of a 

23 comprehensive review conducted in conjunction with 

24 the other members of the Joint Chiefs of Staff and the 


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1 commanders of the combatant commands, that a 

2 modification is needed. 

3 ‘‘(2) RISK ASSESSMENT.—(A) The Chairman 

4 shall prepare each year an assessment of the risks as5 sociated with the most current National Military 

6 Strategy (or update) under paragraph (1). The risk 

7 assessment shall be known as the ‘Risk Assessment of 

8 the Chairman of the Joint Chiefs of Staff’. The Chair9 man shall complete preparation of the Risk Assess10 ment in time for transmittal to Congress pursuant to 

11 paragraph (3), including in time for inclusion of the 

12 report of the Secretary of Defense, if any, under para13 graph (4). 

14 ‘‘(B) The Risk Assessment shall do the following: 

15 ‘‘(i) As the Chairman considers appro16 priate, update any changes to the strategic envi17 ronment, threats, objectives, force planning and 

18 sizing constructs, assessments, and assumptions 

19 in the National Military Strategy. 

20 ‘‘(ii) Identify and define the strategic risks 

21 to United States interests and the military risks 

22 in executing the missions of the National Mili23 tary Strategy. 

24 ‘‘(iii) Identify and define levels of risk dis25 tinguishing between the concepts of probability 


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1 and consequences, including an identification of 

2 what constitutes ‘significant’ risk in the judg3 ment of the Chairman. 

4 ‘‘(iv) Identify and assess risk in the Na5 tional Military Strategy by category and level 

6 and the ways in which risk might manifest itself, 

7 including how risk is projected to increase, de8 crease, or remain stable over time, and, for each 

9 category of risk, assess the extent to which cur10 rent or future risk increases, decreases, or is sta11 ble as a result of budgetary priorities, tradeoffs, 

12 or fiscal constraints or limitations as currently 

13 estimated and applied in the most current fu14 ture-years defense program under section 221 of 

15 this title. 

16 ‘‘(v) Identify and assess risk associated with 

17 the assumptions or plans of the National Mili18 tary Strategy about the contributions or support 

19 of— 

20 ‘‘(I) other departments and agencies of 

21 the United States Government (including 

22 their capabilities and availability); 

23 ‘‘(II) alliances, allies, and other friend24 ly nations, (including their capabilities, 

25 availability, and interoperability); and 


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1 ‘‘(III) contractors. 

2 ‘‘(vi) Identify and assess the critical defi3 ciencies and strengths in force capabilities (in4 cluding manpower, logistics, intelligence, and 

5 mobility support) identified during the prepara6 tion and review of the contingency plans of each 

7 unified combatant command, and identify and 

8 assess the effect of such deficiencies and strengths 

9 for the National Military Strategy. 

10 ‘‘(3) SUBMITTAL OF NATIONAL MILITARY STRAT11 EGY AND RISK ASSESSMENT TO CONGRESS.—(A) Not 

12 later than February 15 of each even-numbered year, 

13 the Chairman shall, through the Secretary of Defense, 

14 submit to the Committees on Armed Services of the 

15 Senate and the House of Representatives the National 

16 Military Strategy or update, if any, prepared under 

17 paragraph (1) in such year. 

18 ‘‘(B) Not later than February 15 each year, the 

19 Chairman shall, through the Secretary of Defense, 

20 submit to the Committees on Armed Services of the 

21 Senate and the House of Representatives the Risk As22 sessment prepared under paragraph (2) in such year. 

23 ‘‘(4) SECRETARY OF DEFENSE REPORTS TO CON24 GRESS.—(A) In transmitting a National Military 

25 Strategy (or update) or Risk Assessment to Congress 


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1 pursuant to paragraph (3), the Secretary of Defense 

2 shall include in the transmittal such comments of the 

3 Secretary thereon, if any, as the Secretary considers 

4 appropriate. 

5 ‘‘(B) If the Risk Assessment transmitted under 

6 paragraph (3) in a year includes an assessment that 

7 a risk or risks associated with the National Military 

8 Strategy (or update) are significant, or that critical 

9 deficiencies in force capabilities exist for a contin10 gency plan described in paragraph (2)(B)(vi), the 

11 Secretary shall include in the transmittal of the Risk 

12 Assessment the plan of the Secretary for mitigating 

13 such risk or deficiency. A plan for mitigating risk of 

14 deficiency under this subparagraph shall— 

15 ‘‘(i) address the risk assumed in the Na16 tional Military Strategy (or update) concerned, 

17 and the additional actions taken or planned to 

18 be taken to address such risk using only current 

19 technology and force structure capabilities; and 

20 ‘‘(ii) specify, for each risk addressed, the ex21 tent of, and a schedule for expected mitigation of, 

22 such risk, and an assessment of the potential for 

23 residual risk, if any, after mitigation.’’. 

24 (b) CONFORMING AMENDMENT.—Such section is fur25 ther amended by striking subsection (d). 


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1 SEC. 1042. MODIFICATION OF AUTHORITY ON TRAINING OF 

2 SPECIAL OPERATIONS FORCES WITH FRIEND3 LY FOREIGN FORCES. 

4 (a) AUTHORITY TO PAY FOR MINOR MILITARY CON5 STRUCTION IN CONNECTION WITH TRAINING.—Subsection 

6 (a) of section 2011 of title 10, United States Code, is 

7 amended by adding at the end the following new paragraph: 

8 ‘‘(4) Expenses of minor military construction di9 rectly related to that training with such expenses pay10 able from amounts available to the commander for 

11 unspecified minor military construction, except 

12 that— 

13 ‘‘(A) the amount of any project for which 

14 such expenses are so payable may not exceed 

15 $250,000; and 

16 ‘‘(B) the total amount of such expenses so 

17 paid in any fiscal year may not exceed 

18 $2,000,000.’’. 

19 (b) PURPOSES OF TRAINING.—Subsection (b) of such 

20 section is amended to read as follows: 

21 ‘‘(b) PURPOSES OF TRAINING.—The purposes of the 

22 training for which payment may be made under subsection 

23 (a) shall be as follows: 

24 ‘‘(1) To train the special operations forces of the 

25 combatant command. 


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1 ‘‘(2) In the case of a commander of a combatant 

2 command having a geographic area of responsibility, 

3 to train the military forces and other security forces 

4 of a friendly foreign country in a manner consistent 

5 with the Theater Campaign Plan of the commander 

6 for that geographic area.’’. 

7 (c) PRIOR APPROVAL.—Subsection (c) of such section 

8 is amended by inserting before the period at the end of the 

9 second sentence the following: ‘‘, or, in the case of training 

10 activities carried out after the date of the enactment of the 

11 National Defense Authorization Act for Fiscal Year 2013, 

12 the approval of the Secretary of Defense, in coordination 

13 with the Secretary of State’’. 

14 (d) REPORTS.—Subsection (e) of such section is 

15 amended— 

16 (1) in paragraph (3)— 

17 (A) by inserting ‘‘or other security’’ after 

18 ‘‘foreign’’ the first place it appears; and 

19 (B) by striking ‘‘foreign military personnel’’ 

20 and inserting ‘‘such foreign personnel’’; 

21 (2) in paragraph (4)— 

22 (A) by striking ‘‘and military training ac23 tivities’’ and inserting ‘‘military training activi24 ties’’; and 


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1 (B) by inserting before the period at the end 

2 the following: ‘‘, and training programs spon3 sored by the Department of State’’; 

4 (3) by redesignating paragraph (6) as para5 graph (7); and 

6 (4) by inserting after paragraph (5) the fol7 lowing new paragraph (6): 

8 ‘‘(6) A description of any minor military con9 struction projects for which expenses were paid, in10 cluding a justification of the benefits of each such 

11 project to training under this section.’’. 

12 (e) EFFECTIVE DATE.—The amendments made by this 

13 section shall take effect on the of the enactment of this Act. 

14 The amendments made by subsection (d) shall apply with 

15 respect to any reports submitted under subsection (e) of sec16 tion 2011 of title 10, United States Code (as so amended), 

17 after that date. 

18 SEC. 1043. EXTENSION OF AUTHORITY TO PROVIDE AS19 SURED BUSINESS GUARANTEES TO CARRIERS 

20 PARTICIPATING IN CIVIL RESERVE AIR 

21 FLEET. 

22 (a) EXTENSION.—Subsection (k) of section 9515 of title 

23 10, United States Code, is amended by striking ‘‘December 

24 31, 2015’’ and inserting ‘‘December 31, 2020’’. 


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1 (b) APPLICATION TO ALL SEGMENTS OF CRAF.—Such 

2 section is further amended— 

3 (1) in subsection (a)(3), by striking ‘‘passenger’’; 

4 and 

5 (2) in subsection (j), by striking ‘‘, except that 

6 it only means such transportation for which the Sec7 retary of Defense has entered into a contract for the 

8 purpose of passenger travel’’. 

9 SEC. 1044. PARTICIPATION OF VETERANS IN THE TRANSI10 TION ASSISTANCE PROGRAM OF THE DEPART11 MENT OF DEFENSE. 

12 (a) IN GENERAL.—Each veteran, during the one-year 

13 period beginning on the date on which the veteran is dis14 charged or separated from service in the Armed Forces, shall 

15 be authorized to participate in the Transition Assistance 

16 Program (TAP) of the Department of Defense. 

17 (b) SCOPE OF AUTHORIZED PARTICIPATION.—As part 

18 of their participation in the Transition Assistance Program 

19 pursuant to this section, veterans shall be authorized to re20 ceive the following: 

21 (1) Transition assistance counseling under the 

22 program at any military installation at which tran23 sition assistance counseling is being provided to mem24 bers of the Armed Forces under the program. 


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1 (2) Ongoing access to the electronic materials 

2 and information provided as part of the Transition 

3 Assistance Program, including access after the end of 

4 the one-year period of participation under subsection 

5 (a). 

6 (c) MEMORANDUM OF UNDERSTANDING.—The Sec7 retary of Defense and the Secretary of Veterans Affairs shall 

8 enter into a memorandum of understanding regarding the 

9 participation of veterans in the Transition Assistance Pro10 gram pursuant to this section. The memorandum of under11 standing shall provide for the access of veterans to military 

12 installations for purposes of participation in the Transition 

13 Assistance Program and such other matters as such Secre14 taries jointly consider appropriate for purposes of this sec15 tion. 

16 (d) DEFINITIONS.—In this section: 

17 (1) The term ‘‘Transition Assistance Program’’ 

18 means the program carried out by the Department of 

19 Defense under sections 1142 and 1144 of title 10, 

20 United States Code. 

21 (2) The term ‘‘veteran’’ has the meaning given 

22 that term in section 101 of title 38, United States 

23 Code. 


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1 SEC. 1045. MODIFICATION OF THE MINISTRY OF DEFENSE 

2 ADVISOR PROGRAM. 

3 (a) IN GENERAL.—Subsection (a) of section 1081 of 

4 the National Defense Authorization Act for Fiscal Year 

5 2012 (Public Law 112–81; 125 Stat. 1599; 10 U.S.C. 168 

6 note) is amended by inserting— 

7 (1) in the matter preceding paragraph (1), by 

8 inserting ‘‘, regional organizations with defense or se9 curity components, and international organizations of 

10 which the United States is a member’’ after ‘‘foreign 

11 countries’’; and 

12 (2) by inserting ‘‘or organization’’ after ‘‘min13 istry’’ both places it appears. 

14 (b) REPORTS.—Subsection (c) of such section is 

15 amended— 

16 (1) by inserting ‘‘or organizations’’ after ‘‘de17 fense ministries’’ both places it appears; and 

18 (2) by striking paragraph (7). 

19 (c) CONFORMING AMENDMENT.—The heading of such 

20 section is amended to read as follows: 


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1 ‘‘SEC. 1081. AUTHORITY FOR ASSIGNMENT OF CIVILIAN EM2 PLOYEES OF THE DEPARTMENT OF DEFENSE 

3 AS ADVISORS TO FOREIGN MINISTRIES OF 

4 DEFENSE AND CERTAIN REGIONAL AND 

5 INTERNATIONAL ORGANIZATIONS.’’. 

6 SEC. 1046. INTERAGENCY COLLABORATION ON UNMANNED 

7 AIRCRAFT SYSTEMS. 

8 (a) FINDINGS ON JOINT DEPARTMENT OF DEFENSE

9 FEDERAL AVIATION ADMINISTRATION EXECUTIVE COM10 MITTEE ON CONFLICT AND DISPUTE RESOLUTION.—Sec11 tion 1036(a) of the Duncan Hunter National Defense Au12 thorization Act for Fiscal Year 2009 (Public Law 110–417; 

13 122 Stat. 4596) is amended by adding at the end the fol14 lowing new paragraph: 

15 ‘‘(9) Collaboration of scientific and technical 

16 personnel and sharing of technical information, test 

17 results, and resources where available from the De18 partment of Defense, the Federal Aviation Adminis19 tration, and the National Aeronautics and Space Ad20 ministration can advance an enduring relationship of 

21 research capability to advance the access of un22 manned aircraft systems of the Department of De23 fense, the National Aeronautics and Space Adminis24 tration and other public agencies to the National Air25 space System.’’. 

26 (b) INTERAGENCY COLLABORATION.— 


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1 (1) IN GENERAL.—The Secretary of Defense shall 

2 collaborate with the Administrator of the Federal 

3 Aviation Administration and the Administrator of 

4 the National Aeronautics and Space Administration 

5 to conduct research and seek solutions to challenges 

6 associated with the safe integration of unmanned air7 craft systems into the National Airspace System in 

8 accordance with subtitle B of title III of the FAA 

9 Modernization and Reform Act of 2012 (Public Law 

10 112–95; 126 Stat. 72). 

11 (2) ACTIVITIES IN SUPPORT OF PLAN ON ACCESS

12 TO NATIONAL AIRSPACE FOR UNMANNED AIRCRAFT

13 SYSTEMS.—Collaboration under paragraph (1) may 

14 include research and development of scientific and 

15 technical issues, equipment, and technology in sup16 port of the plan to safely accelerate the integration of 

17 unmanned aircraft systems as required by subtitle B 

18 of title III of the FAA Modernization and Reform Act 

19 of 2012. 

20 (3) NONDUPLICATIVE EFFORTS.—If the Secretary 

21 of Defense determines it is in the interest of the De22 partment of Defense, the Secretary may use existing 

23 aerospace-related laboratories, personnel, equipment, 

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1 ment of Defense to avoid duplication of efforts in car2 rying out collaboration under paragraph (1). 

3 (4) REPORTS.— 

4 (A) REQUIREMENT.—The Secretary of De5 fense, on behalf of the UAS Executive Committee, 

6 shall annually submit to the congressional de7 fense committees, the Committee on Transpor8 tation and Infrastructure, and the Committee on 

9 Science, Space, and Technology of the House of 

10 Representatives, and the Committee on Com11 merce, Science, and Transportation of the Senate 

12 a report on the progress of research activity of 

13 the Department of Defense, including— 

14 (i) progress in accomplishing the goals 

15 of the unmanned aircraft systems research, 

16 development, and demonstration as related 

17 to the Department of Defense Final Report 

18 to Congress on Access to National Airspace 

19 for Unmanned Aircraft Systems of October 

20 2010, and any ongoing and collaborative re21 search and development programs with the 

22 Federal Aviation Administration and the 

23 National Aeronautics and Space Adminis24 tration and 


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1 (ii) estimates of long-term funding 

2 needs and details of funds expended and al3 located in the budget requests of the Presi4 dent that support integration into the Na5 tional Airspace. 

6 (B) TERMINATION.—The requirement to 

7 submit a report under subparagraph (A) shall 

8 terminate on the date that is 5 years after the 

9 date of the enactment of this Act. 

10 (c) UAS EXECUTIVE COMMITTEE DEFINED.—In this 

11 section, the term ‘‘UAS Executive Committee’’ means the 

12 National Aeronautics and Space and Administration and 

13 the Department of Defense–Federal Aviation Administra14 tion executive committee described in section 1036(b) of the 

15 Duncan Hunter National Defense Authorization Act for 

16 Fiscal Year 2009 and established by the Secretary of De17 fense and the Administrator of the Federal Aviation Ad18 ministration. 

19 (d) AUTHORIZATION OF APPROPRIATIONS.—There is 

20 hereby authorized to be appropriated such sums as may be 

21 necessary to carry out this section. 

22 SEC. 1047. SENSE OF SENATE ON NOTICE TO CONGRESS ON 

23 UNFUNDED PRIORITIES. 

24 It is the sense of the Senate that— 


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1 (1) not later than 45 days after the submittal to 

2 Congress of the budget for a fiscal year under section 

3 1105(a) of title 31, United States Code, each officer 

4 specified in paragraph (2) should, through the Chair5 man of the Joint Chiefs of Staff and the Secretary of 

6 Defense, submit to the congressional defense commit7 tees a list of any priority military programs or ac8 tivities under the jurisdiction of such officer for 

9 which, in the estimate of such officer additional 

10 funds, if available, would substantially reduce oper11 ational or programmatic risk or accelerate the cre12 ation or fielding of a critical military capability; 

13 (2) the officers specified in this paragraph are— 

14 (A) the Chief of Staff of the Army; 

15 (B) the Chief of Naval Operations; 

16 (C) the Chief of Staff of the Air Force; 

17 (D) the Commandant of the Marine Corps; 

18 and 

19 (E) the Commander of the United States 

20 Special Operations Command; and 

21 (3) each list, if any, under paragraph (1) should 

22 set forth for each military program or activity on 

23 such list— 

24 (A) a description of such program or activ25 ity; 


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1 (B) a summary description of the justifica2 tion for or objectives of additional funds, if 

3 available for such program or activity; and 

4 (C) the additional amount of funds rec5 ommended in connection with the justification or 

6 objectives described for such program or activity 

7 under subparagraph (B). 

8 SEC. 1048. ENHANCEMENT OF AUTHORITIES ON ADMISSION 

9 OF DEFENSE INDUSTRY CIVILIANS TO CER10 TAIN DEPARTMENT OF DEFENSE EDU11 CATIONAL INSTITUTIONS AND PROGRAMS. 

12 (a) NAVY DEFENSE PRODUCT DEVELOPMENT PRO13 GRAM.—Section 7049(a) of title 10, United States Code, is 

14 amended— 

15 (1) in the second sentence, by inserting ‘‘or pro16 fessional continuing education certificate’’ after ‘‘mas17 ter’s degree’’; 

18 (2) in the third sentence, by striking ‘‘125 such 

19 defense industry employees’’ and inserting ‘‘250 such 

20 defense industry employees’’; and 

21 (3) in the last sentence, by inserting before the 

22 period at the end the following: ‘‘or an appropriate 

23 professional continuing education certificate, as ap24 plicable’’. 


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1 (b) UNITED STATES AIR FORCE INSTITUTE OF TECH2 NOLOGY.—Section 9314a(a) of such title is amended— 

3 (1) in paragraph (1), by inserting ‘‘or profes4 sional continuing education certificate’’ after ‘‘grad5 uate degree’’; 

6 (2) in paragraph (2), by striking ‘‘125 defense 

7 industry employees’’ and inserting ‘‘250 defense in8 dustry employees’’; and 

9 (3) in paragraph (3), by inserting before the pe10 riod at the end the following: ‘‘or an appropriate pro11 fessional continuing education certificate, as applica12 ble’’. 

13 SEC. 1049. MILITARY WORKING DOG MATTERS. 

14 (a) RETIREMENT OF MILITARY WORKING DOGS.— 

15 (1) Section 2583 of title 10, United States Code, 

16 is amended— 

17 (A) by redesignating subsections (f) and (g) 

18 as subsections (g) and (h), respectively; and 

19 (B) by inserting after subsection (e) the fol20 lowing new subsection (f): 

21 ‘‘(f) TRANSFER OF RETIRED MILITARY WORKING

22 DOGS.—If the Secretary of the military department con23 cerned determines that a military working dog should be 

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1 tary facility where the dog is located, the Secretary may 

2 transfer the dog— 

3 ‘‘(1) to the 341st Training Squadron; or 

4 ‘‘(2) to another location for adoption under this 

5 section.’’. 

6 (b) VETERINARY CARE FOR RETIRED MILITARY

7 WORKING DOGS.— 

8 (1) IN GENERAL.—Chapter 50 of title 10, United 

9 States Code, is amended by adding at the end the fol10 lowing new section: 

11 ‘‘§ 993. Military working dogs: veterinary care for re12 tired military working dogs 

13 ‘‘(a) IN GENERAL.—The Secretary of Defense may es14 tablish and maintain a system to provide for the veterinary 

15 care of retired military working dogs. No funds may be pro16 vided by the Federal Government for this purpose. 

17 ‘‘(b) ELIGIBLE DOGS.—A retired military working dog 

18 eligible for veterinary care under this section is any mili19 tary working dog adopted under section 2583 of this title. 

20 ‘‘(c) STANDARDS OF CARE.—The veterinary care pro21 vided under the system authorized by this section shall meet 

22 such standards as the Secretary shall establish and from 

23 time to time update.’’. 


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1 (2) CLERICAL AMENDMENT.—The table of sec2 tions at the beginning of chapter 50 of such title is 

3 amended by adding at the end the following new item: 

‘‘993. Military working dogs: veterinary care for retired military working dogs.’’. 

4 (c) RECOGNITION OF SERVICE OF MILITARY WORKING

5 DOGS.—The Secretary of Defense may authorize the rec6 ognition of military working dogs that are killed, wounded, 

7 or missing in action and military working dogs that per8 form an exceptionally meritorious or courageous act in 

9 service to the United States. 

10 SEC. 1050. PROHIBITION ON FUNDS TO ENTER INTO CON11 TRACTS OR AGREEMENTS WITH 

12 ROSOBORONEXPORT. 

13 (a) PROHIBITION.—None of the funds authorized to be 

14 appropriated by this Act may be used to enter into a con15 tract, memorandum of understanding, or cooperative agree16 ment with, to make a grant to, or to provide a loan or 

17 loan guarantee to Rosoboronexport. 

18 (b) NATIONAL SECURITY WAIVER AUTHORITY.—The 

19 Secretary of Defense may waive the applicability of sub20 section (a) if the Secretary determines that such a waiver 

21 is in the national security interests of the United States 

22 with respect to the capacity of the Afghan National Security 

23 Forces (ANSF). 


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1 SEC. 1051. SENSE OF CONGRESS ON THE JOINT 

2 WARFIGHTING ANALYSIS CENTER. 

3 It is the sense of Congress that the Joint Warfighting 

4 Analysis Center (JWAC) should have adequate resources to 

5 meet the continuing requirements of the combatant com6 mands. 

7 SEC. 1052. TRANSITION ASSISTANCE ADVISOR PROGRAM. 

8 (a) PROGRAM AUTHORIZED.— 

9 (1) IN GENERAL.—Chapter 58 of title 10, United 

10 States Code, is amended by inserting after section 

11 1144 the following new section: 

12 ‘‘§ 1144a. Transition Assistance Advisors 

13 ‘‘(a) IN GENERAL.—The Secretary of Defense shall es14 tablish as part of the Transition Assistance Program (TAP) 

15 a Transition Assistance Advisor (TAA) program to provide 

16 professionals in each State to serve as statewide points of 

17 contact to assist members of the armed forces in accessing 

18 benefits and health care furnished under laws administered 

19 by the Secretary of Defense and benefits and health care 

20 furnished under laws administered by the Secretary of Vet21 erans Affairs. 

22 ‘‘(b) NUMBER OF ADVISORS.—The Secretary of Defense 

23 shall ensure that the minimum number of Transition As24 sistance Advisors in each State is as follows: 

25 ‘‘(1) During the period beginning 180 days be26 fore the commencement of a contingency operation 


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1 (or, if later, as soon before as is otherwise practicable) 

2 and ending 180 days after the conclusion of such con3 tingency operation— 

4 ‘‘(A) in the case of a State with fewer than 

5 1,500 members of the Army National Guard of 

6 the United States and the Air National Guard of 

7 the United States residing in the State, not less 

8 than one Transition Assistance Advisor; and 

9 ‘‘(B) in the case of a State with 1,500 or 

10 more members of the Army National Guard of 

11 the United States and the Air National Guard of 

12 the United States who reside in such State, not 

13 less than one Transition Assistance Advisor for 

14 each 1,500 members of the Army National Guard 

15 of the United States and the Air National Guard 

16 of the United States who reside in such State. 

17 ‘‘(2) At any time not covered by paragraph 

18 (1)— 

19 ‘‘(A) in the case of a State with fewer than 

20 5,000 members of the Army National Guard of 

21 the United States and the Air National Guard of 

22 the United States residing in the State, not less 

23 than one Transition Assistance Advisor; and 

24 ‘‘(B) in the case of a State with 5,000 or 

25 more members of the Army National Guard of 


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1 the United States and the Air National Guard of 

2 the United States who reside in such State, not 

3 less than one Transition Assistance Advisor for 

4 each 1,500 members of the Army National Guard 

5 of the United States and the Air National Guard 

6 of the United States who reside in such State. 

7 ‘‘(c) DUTIES.—The duties of a Transition Assistance 

8 Advisor includes the following: 

9 ‘‘(1) To assist with the creation and execution of 

10 individual transition plans for members of the Na11 tional Guard described in subsection (d)(2) and their 

12 families for the reintegration of such members into ci13 vilian life. 

14 ‘‘(2) To provide employment support services to 

15 members of the National Guard and their families, 

16 including assistance with discovering employment op17 portunities and identifying and obtaining assistance 

18 from programs within and outside of the Federal 

19 Government. 

20 ‘‘(3) Provide information on relocation, health 

21 care, mental health care, and financial support serv22 ices available to members of the National Guard or 

23 their families from the Department of Defense, the 

24 Department of Veterans Affairs, and other Federal, 

25 State, and local agencies. 


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1 ‘‘(4) Provide information on educational support 

2 services available to members of the National Guard, 

3 including Post-9/11 Educational Assistance under 

4 chapter 33 of title 38. 

5 ‘‘(d) TRANSITION PLANS.—(1) Each individual plan 

6 created under subsection (c)(1) for a member of the National 

7 Guard described in paragraph (2) shall include the fol8 lowing: 

9 ‘‘(A) A plan for the transition of the member to 

10 life in the civilian world, including with respect to 

11 employment, education, and health care. 

12 ‘‘(B) A description of the transition services that 

13 the member and the member’s family will need to 

14 achieve their transition objectives, including informa15 tion on any forms that such member will need to fill 

16 out to be eligible for such services. 

17 ‘‘(C) A point of contact for each agency or entity 

18 that can provide the transition services described in 

19 subparagraph (B). 

20 ‘‘(2) A member of the National Guard described in this 

21 paragraph is any member of the National Guard who has 

22 served on active duty in the armed forces for a period of 

23 more than 180 days. 

24 ‘‘(e) FUNDING.—Amounts for the program established 

25 under subsection (a) for a fiscal year shall be derived from 


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1 amounts authorized to be appropriated for operations and 

2 maintenance for the National Guard for that fiscal year. 

3 ‘‘(f) STATE DEFINED.—In this section, the term ‘State’ 

4 means each of the several States of the United States, the 

5 District of Columbia, and any territory of the United 

6 States.’’. 

7 (2) CLERICAL AMENDMENT.—The table of sec8 tions at the beginning of chapter 58 of such title is 

9 amended by inserting after the item relating to sec10 tion 1144 the following new item: 

‘‘1144a. Transition Assistance Advisors.’’. 

11 (b) REPORT.—Not later than 90 days after the date 

12 of the enactment of this Act, the Secretary of Defense shall 

13 submit to Congress a report setting forth a description of 

14 the efforts of the Secretary to implement the requirements 

15 of section 1144A of title 10, United States Code, as added 

16 by subsection (a)(1). 

17 Subtitle F—Reports 

18 SEC. 1061. REPORT ON STRATEGIC AIRLIFT AIRCRAFT. 

19 Not later than 90 days after the date of the enactment 

20 of this Act, the Secretary of Defense shall submit to the con21 gressional defense committees a report that sets forth the 

22 following: 

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1 tion certification for commercial use of each of the fol2 lowing: 

3 (A) A commercial variant of the C–17 air4 craft. 

5 (B) A retired C–17A aircraft. 

6 (C) a retired C–5A aircraft. 

7 (2) An assessment of the current limitations of 

8 the aircraft of the Civil Reserve Air Fleet. 

9 (3) An assessment of the potential for using the 

10 aircraft referred to in paragraph (1) in the Civil Re11 serve Air Fleet. 

12 (4) An assessment of the advantages of adding 

13 the aircraft referred to in paragraph (1) to the Civil 

14 Reserve Air Fleet. 

15 (5) An update on the status of any cooperation 

16 between the Federal Aviation Administration and the 

17 Department of Defense on the certification of the air18 craft referred to in paragraph (1). 

19 (6) A description of all actions required, includ20 ing any impediments to such actions, to offering re21 tired C–5A aircraft or retired C–17A aircraft as ex22 cess defense articles to United States allies or for sale 

23 to Civil Reserve Air Fleet carriers. 

24 (7) A description of the actions required for in25 terested allies or Civil Reserve Air Fleet carriers to 


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1 take delivery of excess C–5A aircraft or excess C–17A 

2 aircraft, including the actions, modifications, or de3 militarization necessary for such recipients to take 

4 delivery of such aircraft, and provisions for permit5 ting such recipients to undertake responsibility for 

6 such actions, to the maximum extent practicable. 

7 SEC. 1062. REPEAL OF BIENNIAL REPORT ON THE GLOBAL 

8 POSITIONING SYSTEM. 

9 Section 2281 of title 10, United States Code, is amend10 ed— 

11 (1) by striking subsection (d); and 

12 (2) by redesignating subsection (e) as subsection 

13 (d). 

14 SEC. 1063. REPEAL OF ANNUAL REPORT ON THREAT POSED 

15 BY WEAPONS OF MASS DESTRUCTION, BAL16 LISTIC MISSILES, AND CRUISE MISSILES. 

17 Section 234 of the National Defense Authorization Act 

18 for Fiscal Year 1998 (Public Law 105–85; 111 Stat. 1664; 

19 50 U.S.C. 2367) is repealed. 

20 SEC. 1064. REPORT ON PROGRAM ON RETURN OF RARE 

21 EARTH PHOSPHORS FROM DEPARTMENT OF 

22 DEFENSE FLUORESCENT LIGHTING WASTE 

23 TO THE DOMESTIC RARE EARTH SUPPLY 

24 CHAIN. 

25 (a) FINDINGS.—Congress makes the following findings: 


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1 (1) In its December 2011 report entitled ‘‘Crit2 ical Materials Strategy’’, the Department of Energy 

3 states that the heavy rare earth phosphors, dyspro4 sium, europium, terbium, and yttrium, are particu5 larly important given their relative scarcity and their 

6 importance to clean energy, energy efficiency, hybrid 

7 and electric vehicles, and advanced defense systems, 

8 among other key technologies. 

9 (2) While new sources of production of rare earth 

10 elements show promise, these are focused primarily on 

11 the light rare earth elements. 

12 (b) SENSE OF SENATE.—It is the sense of the Senate 

13 that— 

14 (1) the recycling of end-use technologies that use 

15 rare earth elements can provide near-term opportuni16 ties to recapture, reprocess, and reuse some of the rare 

17 earth elements contained in them; 

18 (2) fluorescent lighting materials could prove to 

19 be a promising recyclable source of heavy rare earth 

20 elements; 

21 (3) a cost-benefit analysis would be helpful in de22 termining the viability of a Department of Defense 

23 program to recycle fluorescent lighting waste in order 

24 to increase its supplies of heavy rare earth elements; 

25 and 


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1 (4) the recycling of heavy rare earth elements 

2 may be one component of a long term strategic plan 

3 to address the global demand for such elements, with4 out which such elements could be unnecessarily lost. 

5 (c) REPORT REQUIRED.— 

6 (1) IN GENERAL.—Not later than March 1, 2013, 

7 the Secretary of Defense shall submit to the congres8 sional defense committees a report on the results of a 

9 cost-benefit analysis on, and on recommendations 

10 concerning, the feasibility and advisability of estab11 lishing a program within the Department of Defense 

12 to— 

13 (A) recapture fluorescent lighting waste; 

14 and 

15 (B) make such waste available to entities 

16 that have the ability to extract rare earth phos17 phors, reprocess and separate them in an envi18 ronmentally safe manner, and return them to the 

19 domestic rare earth supply chain. 

20 (2) ELEMENTS.—The report required by para21 graph (1) shall include analysis of measures that 

22 could be taken to— 

23 (A) provide for the disposal and mitigation 

24 of residual mercury and other hazardous byprod25 ucts to be produced by the recycling process; and 


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1 (B) address concerns regarding the potential 

2 export of heavy rare earth materials obtained 

3 from United States Government sources to non4 allied nations. 

5 SEC. 1065. REPORT ON ESTABLISHMENT OF JOINT ARMED 

6 FORCES HISTORICAL STORAGE AND PRESER7 VATION FACILITY. 

8 Not later than 180 days after the date of the enactment 

9 of this Act, the Secretary of Defense shall submit to the con10 gressional defense committees a report setting forth an as11 sessment of the feasability and advisability of establishing 

12 a joint Armed Forces historical storage and preservation 

13 facility. The report shall include a description and assess14 ment of the current capacities and qualities of the historical 

15 storage and preservation facilities of each of the Armed 

16 Forces, including the following: 

17 (1) An identification of any excess capacity at 

18 any such facility. 

19 (2) An identification of any shortfalls in the ca20 pacity or quality of such facilities of any Armed 

21 Force, and a description of possible actions to address 

22 such shortfalls. 


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1 SEC. 1066. STUDY ON BRADLEY FIGHTING VEHICLE INDUS2 TRIAL BASE. 

3 (a) IN GENERAL.—Not later than 90 days after the 

4 date of the enactment of this Act, the Secretary of the Army 

5 shall conduct a study on the Bradley Fighting Vehicle in6 dustrial base. 

7 (b) CONTENT.—The study required under subsection 

8 (a) shall— 

9 (1) assess the quantitative impacts of a produc10 tion break for the Bradley Fighting Vehicle, including 

11 the cost of shutdown compared to the cost of continued 

12 production; and 

13 (2) assess the qualitative impacts of a production 

14 break for the Bradley Fighting Vehicle, including the 

15 loss of a specialized workforce and supplier base. 

16 SEC. 1067. REPORT ON MILITARY RESOURCES NECESSARY 

17 TO EXECUTE UNITED STATES FORCE POS18 TURE STRATEGY IN THE ASIA PACIFIC RE19 GION. 

20 (a) REVIEW REQUIRED.— 

21 (1) IN GENERAL.—The Secretary of Defense 

22 shall, in consultation with the Chairman of the Joint 

23 Chiefs of Staff, conduct a comprehensive review of the 

24 national defense strategy, force structure, force mod25 ernization plans, infrastructure, budget plan, and 

26 other elements of the defense program and policies of 


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1 the United States with regard to the Asia Pacific re2 gion to determine the resources, equipment, and 

3 transportation required to meet the strategic and 

4 operational plans of the United States. 

5 (2) ELEMENTS.—The review required under 

6 paragraph (1) shall include the following elements: 

7 (A) The force structure, force modernization 

8 plans, infrastructure, budget plan, and other ele9 ments of the defense program of the United 

10 States associated with the Asia Pacific region 

11 that would be required to execute successfully the 

12 full range of missions called for in the national 

13 defense strategy. 

14 (B) An estimate of the timing for initial 

15 and final operational capability for each unit 

16 based in, realigned within, or identified for sup17 port to the Asia Pacific region. 

18 (C) An assessment of the strategic and tac19 tical sea, ground, and air transportation re20 quired for the forces assigned to the Asia Pacific 

21 region to meet strategic and operational plans. 

22 (D) The specific capabilities, including the 

23 general number and type of specific military 

24 platforms, their permanent station, and planned 

25 forward operating locations needed to achieve the 


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1 strategic and warfighting objectives identified in 

2 the review. 

3 (E) The forward presence, phased deploy4 ments, pre-positioning, and other anticipatory 

5 deployments of manpower or military equipment 

6 necessary for conflict deterrence and adequate 

7 military response to anticipated conflicts. 

8 (F) The budget plan that would be required 

9 to provide sufficient resources to execute success10 fully the full range of missions and phased oper11 ations in the Asia Pacific region at a low-to12 moderate level of risk and any additional re13 sources (beyond those programmed in the current 

14 future-years defense program) required to achieve 

15 such a level of risk. 

16 (G) Budgetary recommendations that are 

17 not constrained to comply with and are fully 

18 independent of the budget submitted to Congress 

19 by the President pursuant to section 1105 of title 

20 31, United States Code. 

21 (b) CJCS REVIEW.—Upon the completion of the re22 view under subsection (a), the Chairman of the Joint Chiefs 

23 of Staff shall prepare and submit to the Secretary of Defense 

24 the Chairman’s assessment of the review, including the 


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1 Chairman’s assessment of risk and a description of the ca2 pabilities needed to address such risk. 

3 (c) REPORT.— 

4 (1) IN GENERAL.—Not later than one year after 

5 the date of the enactment of this Act, the Secretary of 

6 Defense shall submit to the congressional defense com7 mittees a report on the results of the review required 

8 under subsection (a). 

9 (2) CONTENT.—The report required under para10 graph (1) shall include the following elements: 

11 (A) A description of the elements set forth 

12 under subsection (a)(1). 

13 (B) A description of the assumptions used 

14 in the examination, including assumptions relat15 ing to— 

16 (i) the status of readiness of the Armed 

17 Forces; 

18 (ii) the cooperation of allies, mission19 sharing, and additional benefits to and bur20 dens on the Armed Forces resulting from co21 alition operations; 

22 (iii) warning times; 

23 (iv) levels of engagement in operations 

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1 gencies and withdrawal from such oper2 ations and contingencies; 

3 (v) the intensity, duration, and mili4 tary and political end-states of conflicts and 

5 smaller-scale contingencies; and 

6 (vi) the roles and responsibilities that 

7 would be discharged by contractors. 

8 (C) Any other matters the Secretary of De9 fense considers appropriate. 

10 (D) The assessment of the Chairman of the 

11 Joint Chiefs of Staff under subsection (b), in12 cluding related comments of the Secretary of De13 fense. 

14 (3) FORM.—The report required under para15 graph (1) may be submitted in classified or unclassi16 fied form. 

17 SEC. 1068. REPORT ON PLANNED EFFICIENCY INITIATIVES 

18 AT SPACE AND NAVAL WARFARE SYSTEMS 

19 COMMAND. 

20 (a) REPORT REQUIRED.—Not later than 90 days after 

21 the date of the enactment of this Act, the Secretary of the 

22 Navy shall submit to the congressional defense committees 

23 a report on plans to implement efficiency initiatives to re24 duce overhead costs at the Space and Naval Warfare Sys25 tems Command (SPAWAR), including a detailed descripVerDate Mar 15 2010 01:32 Dec 07, 2012 Jkt 029200 PO 00000 Frm 00590 Fmt 6652 Sfmt 6203 E:\SENENR\H4310.PP H4310

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1 tion of the long-term impacts on current and planned future 

2 mission requirements. 

3 SEC. 1069. STUDY ON ABILITY OF NATIONAL AIR AND 

4 GROUND TEST AND EVALUATION INFRA5 STRUCTURE FACILITIES TO SUPPORT DE6 FENSE HYPERSONIC TEST AND EVALUATION 

7 ACTIVITIES. 

8 (a) STUDY REQUIRED.—The Director of the Office of 

9 Science and Technology Policy, working with the Secretary 

10 of Defense and the Administrator of the National Aero11 nautics and Space Administration (NASA), shall conduct 

12 a study on the ability of Department of Defense and NASA 

13 air and ground test and evaluation infrastructure facilities 

14 and private ground test and evaluation infrastructure fa15 cilities, including wind tunnels and air test ranges, as well 

16 as associated instrumentation, to support defense 

17 hypersonic test and evaluation activities for the short and 

18 long term. 

19 (b) REPORT AND PLAN.— 

20 (1) IN GENERAL.—Not later than one year after 

21 the date of the enactment of this Act, the Secretary of 

22 Defense shall submit to the appropriate congressional 

23 committees a report containing the results of the 

24 study required under subsection (a) together with a 


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1 plan for requirements and proposed investments to 

2 meet Department of Defense needs through 2025. 

3 (2) CONTENT.—The report required under para4 graph (1) shall include the following elements: 

5 (A) An assessment of the current condition 

6 and adequacy of the hypersonics test and evalua7 tion infrastructure within the Department of De8 fense, NASA, and the private sector to support 

9 hypersonic research and development within the 

10 Department of Defense. 

11 (B) An identification of test and evaluation 

12 infrastructure that could be used to support De13 partment of Defense hypersonic research and de14 velopment outside the Department and assess 

15 means to ensure the availability of such capabili16 ties to the Department in the present and future. 

17 (C) A time-phased plan to acquire required 

18 hypersonics research, development, test and eval19 uation capabilities, including identification of 

20 the resources necessary to acquire any needed ca21 pabilities that are currently not available. 

22 (3) APPROPRIATE CONGRESSIONAL COMMITTEES

23 DEFINED.—In this subsection, the term ‘‘appropriate 

24 congressional committees’’ means— 


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1 (A) the Committee on Armed Services and 

2 the Committee on Commerce, Science, and 

3 Transportation of the Senate; and 

4 (B) the Committee on Armed Services and 

5 the Committee on Science, Space, and Tech6 nology of the House of Representatives. 

7 SEC. 1069A. REPORT ON SIMULATED TACTICAL FLIGHT 

8 TRAINING IN A SUSTAINED GRAVITY ENVI9 RONMENT. 

10 (a) INDEPENDENT STUDY REQUIRED.—The Secretary 

11 of Defense shall provide for the conduct by an appropriate 

12 federally funded research and development center (FFRDC) 

13 of a study on the effectiveness of simulated tactical flight 

14 training in a sustained gravity environment. 

15 (b) ELEMENTS.—The study conducted pursuant to 

16 subsection (a) shall include the following: 

17 (1) An assessment of the effectiveness of high fi18 delity simulated tactical flight training in a sus19 tained gravity environment generally, and, in par20 ticular, the effectiveness of such training in preparing 

21 pilots to withstand and tolerate the high-gravity 

22 forces associated with the operation of high-perform23 ance combat aircraft (commonly referred to as ‘‘G 

24 readiness’’ and ‘‘G tolerance’’). 


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1 (2) An assessment of the cost savings to be 

2 achieved through the use of simulated tactical flight 

3 training in a sustained gravity environment, includ4 ing cost savings associated with operation and main5 tenance and life cycle savings associated with aircraft 

6 and airframe usage. 

7 (3) An assessment of the safety benefits to be 

8 achieved through the use of simulated tactical flight 

9 training in a sustained gravity environment. 

10 (4) An identification and assessment of other 

11 benefits to be achieved through the use of simulated 

12 tactical flight training in a sustained gravity envi13 ronment, including benefits relating to physiological 

14 research and benefits relating to reductions in carbon 

15 emissions. 

16 (5) An evaluation and comparison of tactical 

17 flight simulators that could be used for simulated tac18 tical flight training in a sustained gravity environ19 ment. 

20 (6) Such other matters relating to the use of sim21 ulated tactical flight training in a sustained gravity 

22 environment as the Secretary shall specify for pur23 poses of the study. 

24 (c) REPORT.—In providing for study pursuant to sub25 section (a), the Secretary shall require the federally funded 


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1 research and development center conducting the study to 

2 submit to the Secretary a report on the results of the study, 

3 including the matters specified in subsection (b), by not 

4 later than 18 months after the date of the enactment of this 

5 Act. 

6 (d) TRANSMITTAL TO CONGRESS.—Not later than 90 

7 days after the submittal to the Secretary of the report re8 quired by subsection (c), the Secretary shall transmit the 

9 report to the congressional defense committees, together with 

10 any comments of the Secretary in light of the report and 

11 such recommendations for legislative or administrative ac12 tion as the Secretary considers appropriate regarding the 

13 use of simulated tactical flight training in a sustained grav14 ity environment in light of the report. 

15 SEC. 1069B. REPORT ON DEPARTMENT OF DEFENSE SUP16 PORT FOR UNITED STATES DIPLOMATIC SE17 CURITY. 

18 (a) REPORT REQUIRED.—Not later than 180 days 

19 after the date of the enactment of this Act, the Secretary 

20 of Defense shall, in coordination with the Secretary of State, 

21 submit to the Committees on Armed Services of the Senate 

22 and the House of Representatives a report on the findings 

23 of the ongoing Department of Defense review of defense sup24 port of United States diplomatic security. 


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1 (b) ELEMENTS.—The report required by subsection (a) 

2 shall include, but not be limited to, such findings and rec3 ommendations as the Secretaries consider appropriate with 

4 respect to the following: 

5 (1) Department of Defense authorities, directives, 

6 and guidelines in support of diplomatic security. 

7 (2) Interagency processes and procedures to iden8 tify, validate, and resource diplomatic security sup9 port required from the Department of Defense. 

10 (3) Department of Defense roles, missions, and 

11 resources required to fulfill requirements for United 

12 States diplomatic security, including, but not limited 

13 to the following: 

14 (A) Marine Corps Embassy Security Guard 

15 detachments. 

16 (B) Training and advising host nation se17 curity forces for diplomatic security. 

18 (C) Intelligence collection to prevent and re19 spond to threats to diplomatic security. 

20 (D) Security assessments of diplomatic mis21 sions. 

22 (E) Support of emergency action planning. 

23 (F) Rapid response forces to respond to 

24 threats to diplomatic security. 


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1 (c) FORM.—The report required by subsection (a) shall 

2 be submitted in unclassified form, but may include a classi3 fied annex. 

4 SEC. 1069C. COMPTROLLER GENERAL OF THE UNITED 

5 STATES REPORT ON DEPARTMENT OF DE6 FENSE SPENDING FOR CONFERENCES AND 

7 CONVENTIONS. 

8 Not later than 180 days after the date of the enactment 

9 of this Act, the Comptroller General of the United States 

10 shall submit to the congressional defense committees a re11 port setting forth an assessment of Department of Defense 

12 spending for conferences and conventions. The report shall 

13 include, at a minimum, an assessment of the following: 

14 (1) The extent to which Department spending for 

15 conferences and conventions has been wasteful or ex16 cessive. 

17 (2) The actions the Department has taken to con18 trol spending for conferences and conventions, and the 

19 efficacy of those actions. 

20 (3) Any fees incurred for the cancellation of con21 ferences or conventions and an evaluation of the im22 pact of cancelling conferences and conventions. 

23 Subtitle G—Nuclear Matters 

24 SEC. 1071. STRATEGIC DELIVERY SYSTEMS. 

25 (a) FINDINGS.—Congress makes the following findings: 


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1 (1) The Nuclear Posture Review of 2010 said, 

2 with respect to modernizing the triad, ‘‘for planned 

3 reductions under New START, the United States 

4 should retain a smaller Triad of SLBMs, ICBMs, and 

5 heavy bombers. Retaining all three Triad legs will 

6 best maintain strategic stability at reasonable cost, 

7 while hedging against potential technical problems or 

8 vulnerabilities’’. 

9 (2) The Senate stated in Declaration 12 of the 

10 Resolution of Advice and Consent to Ratification of 

11 the New START Treaty that ‘‘In accordance with 

12 paragraph 1 of Article V of the New START Treaty, 

13 which states that, ‘Subject to the provisions of this 

14 Treaty, modernization and replacement of strategic 

15 offensive arms may be carried out,’ it is the sense of 

16 the Senate that United States deterrence and flexi17 bility is assured by a robust triad of strategic delivery 

18 vehicles. To this end, the United States is committed 

19 to accomplishing the modernization and replacement 

20 of its strategic nuclear delivery vehicles, and to ensur21 ing the continued flexibility of United States conven22 tional and nuclear delivery systems’’. 

23 (3) The Senate required the President, prior to 

24 the entry into force of the New START Treaty, to cer25 tify to the Senate that the President intended to modVerDate Mar 15 2010 01:32 Dec 07, 2012 Jkt 029200 PO 00000 Frm 00598 Fmt 6652 Sfmt 6203 E:\SENENR\H4310.PP H4310

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1 ernize or replace the triad of strategic nuclear deliv2 ery systems. 

3 (4) The President made this certification in a 

4 message to the Senate on February 2, 2011, in which 

5 the President stated, ‘‘I intend to (a) modernize or re6 place the triad of strategic nuclear delivery systems: 

7 a heavy bomber and air-launched cruise missile, an 

8 ICBM, and a nuclear-powered ballistic missile sub9 marine (SSBN) and SLBM; and (b) maintain the 

10 United States rocket motor industrial base’’. 

11 (b) REQUIREMENTS.— 

12 (1) IN GENERAL.—Chapter 23 of title 10, United 

13 States Code, is amended by adding at the end the fol14 lowing new section: 

15 ‘‘§ 491. Strategic delivery systems 

16 ‘‘(a) ANNUAL CERTIFICATION.—Beginning in fiscal 

17 year 2013, the President shall annually certify in writing 

18 to the congressional defense committees whether plans to 

19 modernize or replace strategic delivery systems are fully 

20 funded at levels equal to or more than the levels set forth 

21 in the November 2010 update to the plan referred to in sec22 tion 1251 of the National Defense Authorization Act for Fis23 cal Year 2010 (Public Law 111–84; 123 Stat. 2549), includ24 ing plans regarding— 


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1 ‘‘(1) a heavy bomber and air-launched cruise 

2 missile; 

3 ‘‘(2) an intercontinental ballistic missile; 

4 ‘‘(3) a submarine-launched ballistic missile; 

5 ‘‘(4) a ballistic missile submarine; and 

6 ‘‘(5) maintaining the nuclear command and con7 trol system (as first reported in section 1043 of the 

8 National Defense Authorization Act for Fiscal Year 

9 2012 (Public Law 112–81; 125 Stat. 1576)). 

10 ‘‘(b) ADDITIONAL REPORT MATTERS FOLLOWING CER11 TAIN CERTIFICATIONS.—If the President certifies under 

12 subsection (a) that plans to modernize or replace strategic 

13 delivery systems are not fully funded, the President shall 

14 include in the next annual report submitted to Congress 

15 under section 1043 of the National Defense Authorization 

16 Act for Fiscal Year 2012 the following: 

17 ‘‘(1) A determination whether or not the lack of 

18 full funding will result in a loss of military capa19 bility when compared with the November 2010 update 

20 to the plan referred to in section 1251 of the National 

21 Defense Authorization Act for Fiscal Year 2010. 

22 ‘‘(2) If the determination under paragraph (1) is 

23 that the lack of full funding will result in a loss of 

24 military capability— 


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1 ‘‘(A) a plan to preserve or retain the mili2 tary capability that would otherwise be lost; or 

3 ‘‘(B) a report setting forth— 

4 ‘‘(i) an assessment of the impact of the 

5 lack of full funding on the strategic delivery 

6 systems specified in subsection (a); and 

7 ‘‘(ii) a description of the funding re8 quired to restore or maintain the capa9 bility. 

10 ‘‘(3) A certification by the President whether or 

11 not the President is committed to accomplishing the 

12 modernization and replacement of strategic delivery 

13 systems and will meet the obligations concerning nu14 clear modernization as set forth in declaration 12 of 

15 the Resolution of Advice and Consent to Ratification 

16 of the New START Treaty. 

17 ‘‘(c) TREATMENT OF CERTAIN REDUCTIONS.—Any cer18 tification under subsection (a) shall not take into account 

19 the following: 

20 ‘‘(1) Reductions made to ensure the safety, secu21 rity, reliability, and credibility of the nuclear weap22 ons stockpile and strategic delivery systems, including 

23 activities related to surveillance, assessment, certifi24 cation, testing, and maintenance of nuclear warheads 

25 and delivery systems. 


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1 ‘‘(2) Strategic delivery systems that are retired 

2 or awaiting dismantlement on the date of the certifi3 cation under subsection (a). 

4 ‘‘(d) DEFINITIONS.—In this section: 

5 ‘‘(1) The term ‘New START Treaty’ means the 

6 Treaty between the United States of America and the 

7 Russian Federation on Measures for the Further Re8 duction and Limitation of Strategic Offensive Arms, 

9 signed on April 8, 2010, and entered into force on 

10 February 5, 2011. 

11 ‘‘(2) The term ‘strategic delivery system’ means 

12 a delivery system for nuclear weapons.’’. 

13 (2) CLERICAL AMENDMENT.—The table of sec14 tions at the beginning of chapter 23 of such title is 

15 amended by adding at the end the following new item: 

‘‘491. Strategic delivery systems.’’. 

16 SEC. 1072. REQUIREMENTS DEFINITION FOR COMBINED 

17 WARHEAD FOR CERTAIN MISSILE SYSTEMS. 

18 Not later than 60 days after the date of the enactment 

19 of this Act, the Nuclear Weapons Council shall submit Con20 gress a report setting forth a definition of the requirements 

21 for a combined warhead for the W–78 Minuteman III mis22 sile system and the W–88 Trident D–5 missile system. The 

23 definition shall serve as the basis for a 6.1 conception defi24 nition and 6.2 feasibility study for the combined systems. 


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1 SEC. 1073. CONGRESSIONAL BUDGET OFFICE ESTIMATE OF 

2 COSTS OF NUCLEAR WEAPONS AND DELIVERY 

3 SYSTEMS. 

4 Not later than one year after the date of the enactment 

5 of this Act, the Director of the Congressional Budget Office 

6 shall submit to the congressional defense committees a re7 port setting forth the following: 

8 (1) An estimate of the costs over the 10-year pe9 riod beginning on the date of the report associated 

10 with fielding and maintaining the current nuclear 

11 weapons and nuclear weapon delivery systems of the 

12 United States. 

13 (2) An estimate of the costs over the 10-year pe14 riod beginning on the date of the report of any life 

15 extension, modernization, or replacement of any cur16 rent nuclear weapons or nuclear weapon delivery sys17 tems of the United States that is anticipated as of the 

18 date of the report. 

19 SEC. 1074. BRIEFINGS ON DIALOGUE BETWEEN THE UNITED 

20 STATES AND THE RUSSIAN FEDERATION ON 

21 NUCLEAR ARMS, MISSILE DEFENSE, AND 

22 LONG-RANGE CONVENTIONAL STRIKE SYS23 TEMS. 

24 (a) BRIEFINGS.—Not later than 60 days after the date 

25 of the enactment of this Act, and not less than twice each 

26 year thereafter, the President, or the President’s designee, 


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1 shall brief the Committees on Foreign Relations and Armed 

2 Services of the Senate on the dialogue between the United 

3 States and the Russian Federation on issues related to lim4 its or controls on nuclear arms, missile defense systems, or 

5 long-range conventional strike systems. 

6 (b) SENSE OF THE SENATE ON CERTAIN AGREE7 MENTS.—It is the sense of the Senate that any agreement 

8 between the United States and the Russian Federation re9 lated to missile defense, nuclear weapons, or long-range con10 ventional strike systems obligating the United States to re11 duce or limit the Armed Forces or armaments of the United 

12 States in any militarily significant manner may be made 

13 only pursuant to the treaty-making power of the President 

14 as set forth in Article II, section 2, clause 2 of the Constitu15 tion of the United States. 

16 Subtitle H—Other Matters 

17 SEC. 1081. REDESIGNATION OF THE CENTER FOR HEMI18 SPHERIC DEFENSE STUDIES AS THE WILLIAM 

19 J. PERRY CENTER FOR HEMISPHERIC DE20 FENSE STUDIES. 

21 (a) REDESIGNATION.— 

22 (1) IN GENERAL.—The Center for Hemispheric 

23 Defense Studies is hereby redesignated as the ‘‘Wil24 liam J. Perry Center for Hemispheric Defense Stud25 ies’’. 


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1 (2) REFERENCES.—Any reference in any law, 

2 regulation, map, document, record, or other paper of 

3 the United States to the center referred to in para4 graph (1) shall be considered to be a reference to the 

5 William J. Perry Center for Hemispheric Defense 

6 Studies. 

7 (b) CONFORMING AMENDMENTS.—Title 10, United 

8 States Code, is amended as follows: 

9 (1) In section 184— 

10 (A) in subsection (b)(2), by striking sub11 paragraph (C) and inserting the following new 

12 subparagraph (C): 

13 ‘‘(C) The William J. Perry Center for Hemi14 spheric Defense Studies, established in 1997 and lo15 cated in Washington, D.C.’’; and 

16 (B) in subsection (f)(5), by striking ‘‘Center 

17 for Hemispheric Defense Studies’’ and inserting 

18 ‘‘William J. Perry Center for Hemispheric De19 fense Studies’’. 

20 (2) In section 2611(a)(2), by striking subpara21 graph (C) and inserting the following new subpara22 graph (C): 

23 ‘‘(C) The William J. Perry Center for Hemi24 spheric Defense Studies.’’. 


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1 SEC. 1082. TECHNICAL AMENDMENTS TO REPEAL STATU2 TORY REFERENCES TO UNITED STATES 

3 JOINT FORCES COMMAND. 

4 Title 10, United States Code, is amended as follows: 

5 (1)(A) Section 232 is repealed. 

6 (B) The table of sections at the beginning of 

7 chapter 9 is amended by striking the item relating to 

8 section 232. 

9 (2) Section 2859(d) is amended— 

10 (A) by striking paragraph (2); and 

11 (B) by redesignating paragraph (3) as 

12 paragraph (2). 

13 (3) Section 10503(13)(B) is amended— 

14 (A) by striking clause (iii); and 

15 (B) redesignating clause (iv) as clause (iii). 

16 SEC. 1083. SENSE OF CONGRESS ON NON-UNITED STATES 

17 CITIZENS WHO ARE GRADUATES OF UNITED 

18 STATES EDUCATIONAL INSTITUTIONS WITH 

19 ADVANCED DEGREES IN SCIENCE, TECH20 NOLOGY, ENGINEERING, AND MATHEMATICS. 

21 (a) FINDINGS.—Congress makes the following findings: 

22 (1) It is a national security concern that more 

23 than half of all graduates with advanced scientific 

24 and technical degrees from United States institutions 

25 of higher education are non-United States citizens 

26 who have very limited opportunities upon graduation 


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1 to contribute to the science and technology activities 

2 of the Department of Defense and the United States 

3 defense industrial base. 

4 (2) The capabilities of the Armed Forces are 

5 highly reliant upon advanced technologies that pro6 vide our forces with a technological edge on the battle7 field. 

8 (3) In order to maintain and advance our mili9 tary technological superiority, the United States re10 quires the best and brightest scientists, mathemati11 cians, and engineers to discover, develop, and field the 

12 next generation of weapon systems and defense tech13 nologies. 

14 (4) The Department of Defense and the defense 

15 industrial base compete with other sectors for a lim16 ited number of United States citizens who have ap17 propriate advanced degrees and skills. 

18 (5) While an overarching national priority is to 

19 increase the numbers of United States citizens who 

20 have appropriate advanced degrees in science, tech21 nology, engineering, and mathematics (STEM), it 

22 would be beneficial if the Department of Defense and 

23 the defense industrial base were able to access the pool 

24 of talent of non-United States citizens with advanced 

25 scientific and technical degrees from United States 


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1 institutions of higher education, many of whom are 

2 otherwise returning to their home countries. 

3 (b) SENSE OF CONGRESS.—It is the sense of Con4 gress— 

5 (1) that the Department of Defense should make 

6 every reasonable and practical effort to increase the 

7 number of United States citizens who pursue ad8 vanced degrees in science, technology, engineering, 

9 and mathematics; and 

10 (2) to strongly urge the Department of Defense to 

11 investigate innovative mechanisms (subject to all ap12 propriate security requirements) to access to the pool 

13 of talent of non-United States citizens with advanced 

14 scientific and technical degrees from United States 

15 institutions of higher education, especially in those 

16 scientific and technical areas that are most vital to 

17 the national defense (such as those identified by the 

18 Assistant Secretary of Defense for Research and Engi19 neering and the Armed Forces). 

20 SEC. 1084. SENSE OF SENATE ON THE MAINTENANCE BY 

21 THE UNITED STATES OF A TRIAD OF STRA22 TEGIC NUCLEAR DELIVERY SYSTEMS. 

23 (a) FINDINGS.—The Senate finds the following: 

24 (1) The April 2010 Nuclear Posture Review con25 cluded that even with the reductions specified in the 


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1 New START Treaty, the United States should retain 

2 a nuclear ‘‘Triad’’ of land-based intercontinental bal3 listic missiles, submarine-launched ballistic missiles 

4 and nuclear capable heavy bombers, noting that 

5 ‘‘[r]etaining all three Triad legs will best maintain 

6 strategic stability at reasonable cost, while hedging 

7 against potential technical problems or 

8 vulnerabilities’’. 

9 (2) The resolution of ratification for the New 

10 START Treaty, which the Senate approved on De11 cember 22, 2010, stated that ‘‘it is the sense of the 

12 Senate that United States deterrence and flexibility is 

13 assured by a robust triad of strategic delivery vehi14 cles. To this end, the United States is committed to 

15 accomplishing the modernization and replacement of 

16 its strategic nuclear delivery vehicles, and to ensuring 

17 the continued flexibility of United States conventional 

18 and nuclear delivery systems’’. 

19 (3) In a message to the Senate on February 2, 

20 2011, President Obama certified that he intended to 

21 ‘‘modernize or replace the triad of strategic nuclear 

22 delivery systems: a heavy bomber and air-launched 

23 cruise missile, an ICBM, and a nuclear-powered bal24 listic missile submarine (SSBN) and SLBM’’ and to 


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1 ‘‘maintain the United States rocket motor industrial 

2 base’’. 

3 (b) SENSE OF SENATE.—It is the sense of the Senate 

4 that— 

5 (1) the United States should maintain a triad of 

6 strategic nuclear delivery systems; and 

7 (2) the United States is committed to modern8 izing the component weapons and delivery systems of 

9 that triad. 

10 SEC. 1085. PLAN TO PARTNER WITH STATE AND LOCAL EN11 TITIES TO ADDRESS VETERANS CLAIMS BACK12 LOG. 

13 (a) FINDINGS.—Congress makes the following findings: 

14 (1) The Department of Veterans Affairs defines 

15 any claim for benefits under laws administered by the 

16 Secretary of Veterans Affairs as backlogged if the 

17 claim has been pending for 125 days or more. 

18 (2) According to the Department, as of November 

19 24, 2012, there were 899,540 pending claims, with 

20 604,583 (67.2 percent) of those considered backlogged. 

21 (3) The Department’s data further shows that, on 

22 November 22, 2010, there were 749,934 claims pend23 ing, with only 244,129 (32.6 percent) of those consid24 ered backlogged. 


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1 (4) During the past two years, both the overall 

2 number of backlogged claims and the percentage of all 

3 pending claims that are backlogged have doubled. 

4 (5) In order to reduce the claims backlog at re5 gional offices of the Department of Veterans Affairs 

6 located in Texas, the Texas Veterans Commission an7 nounced two initiatives on July 19, 2012, to partner 

8 with the Department of Veterans Affairs— 

9 (A) to assist veterans whose claims are al10 ready backlogged to complete development of 

11 those claims; and 

12 (B) to help veterans who are filing new 

13 claims to fully develop those claims prior to fil14 ing them, shortening the processing time re15 quired. 

16 (6) The common goal of the two initiatives of the 

17 Texas Veterans Commission, called the ‘‘Texas State 

18 Strike Force Team’’ and the ‘‘Fully Developed Claims 

19 Team Initiative’’, is to reduce the backlog of claims 

20 pending in Texas by 17,000 within one year. 

21 (7) During the first two months of these new ini22 tiatives, the Texas Veterans Commission helped vet23 erans complete development of more than 2,500 back24 logged claims and assisted veterans with the submis25 sion of more than 800 fully developed claims. 


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1 (8) In testimony before the Subcommittee on 

2 Disability Assistance and Memorial Affairs of the 

3 Committee on Veterans’ Affairs of the House of Rep4 resentatives on September 21, 2012, Diana Rubens, 

5 Deputy Under Secretary for Field Operations of the 

6 Veterans Benefits Administration, indicated that the 

7 Department of Veterans Affairs has experienced posi8 tive outcomes in projects with the Texas Veterans 

9 Commission, stating that both Veterans Service Orga10 nizations ‘‘and state and county service 

11 officers... are important partners in VBA’s trans12 formation to better serve Veterans.’’. 

13 (9) At the same hearing, Mr. John Limpose, di14 rector of the regional office of the Department of Vet15 erans Affairs in Waco, Texas, testified that the ‘‘TVC 

16 is working very, very well’’ with regional offices of the 

17 Department in Texas, calling the Texas Veterans 

18 Commission a ‘‘very positive story that we can 

19 branch out into... all of our stakeholders.’’. 

20 (b) REPORT.— 

21 (1) IN GENERAL.—Not later than 60 days after 

22 the date of the enactment of this Act, the Secretary of 

23 Veterans Affairs shall submit to Congress a plan to 

24 reduce the current backlog of pending claims for bene25 fits under laws administered by the Secretary and 


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1 more efficiently process claims for such benefits in the 

2 future. 

3 (2) CONTENTS.—The report required by para4 graph (1) shall include the following: 

5 (A) A summary of all steps the Secretary 

6 has taken thus far to partner with non-Federal 

7 entities in support of efforts to reduce the backlog 

8 described in paragraph (1) and more efficiently 

9 process claims described in such paragraph in 

10 the future, including two previous initiatives by 

11 the Texas Veterans Commission, namely the 

12 2008–2009 Development Assistant Pilot Project 

13 and the 2009–2011 Claims Processing Assistance 

14 Team. 

15 (B) A plan for the Secretary to partner 

16 with non-Federal entities to support efforts to re17 duce such backlog and more efficiently process 

18 such claims in the future, including the fol19 lowing: 

20 (i) State and local agencies relating to 

21 veterans affairs. 

22 (ii) Organizations recognized by the 

23 Secretary for the representation of veterans 

24 under section 5902 of title 38, United States 

25 Code. 


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1 (iii) Such other relevant government 

2 and non-government entities as the Sec3 retary considers appropriate. 

4 (C) A description of how the Secretary in5 tends to leverage partnerships with non-Federal 

6 entities described in subparagraph (B) to elimi7 nate such backlog, including through increasing 

8 the percentage of claims that are fully developed 

9 prior to submittal to the Secretary and ensuring 

10 that new claims are fully developed prior to their 

11 submittal. 

12 (D) A description of what steps the Sec13 retary has taken and will take— 

14 (i) to expedite the processing of claims 

15 that are already fully developed at the time 

16 of submittal; and 

17 (ii) to support initiatives by non-Fed18 eral entities described in subparagraph (B) 

19 to help claimants gather and submit nec20 essary evidence for claims that were pre21 viously filed but require further develop22 ment. 

23 (E) A description of how partnerships with 

24 non-Federal entities described in subparagraph 


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1 (B) will fit into the Secretary’s overall claims 

2 processing transformation plan. 

3 SEC. 1086. SENSE OF THE SENATE ON PROTECTION OF DE4 PARTMENT OF DEFENSE AIRFIELDS, TRAIN5 ING AIRSPACE, AND AIR TRAINING ROUTES. 

6 It is the sense of the Senate that— 

7 (1) Department of Defense airfields, training 

8 airspace, and air training routes are national treas9 ures that must be protected from encroachment; 

10 (2) placement or emplacement of obstructions 

11 near or on Department of Defense airfields, training 

12 airspace, or air training routes has the potential of 

13 increasing risk to military aircraft and personnel as 

14 well as impacting training and readiness; and 

15 (3) the Department of Defense should develop 

16 comprehensive rules and regulations to address con17 struction and use of land in close proximity to De18 partment of Defense airfields, training areas, or air 

19 training routes to ensure compatibility with military 

20 aircraft operations. 


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1 SEC. 1087. EXTENSION OF AUTHORITIES TO CARRY OUT A 

2 PROGRAM OF REFERRAL AND COUNSELING 

3 SERVICES TO VETERANS AT RISK OF HOME4 LESSNESS WHO ARE TRANSITIONING FROM 

5 CERTAIN INSTITUTIONS. 

6 Section 2023(d) of title 38, United States Code, is 

7 amended by striking ‘‘September 30, 2012’’ and inserting 

8 ‘‘September 30, 2013’’. 

9 SEC. 1088. SENSE OF CONGRESS THAT THE BUGLE CALL 

10 COMMONLY KNOWN AS TAPS SHOULD BE DES11 IGNATED AS THE NATIONAL SONG OF MILI12 TARY REMEMBRANCE. 

13 It is the sense of Congress that the bugle call commonly 

14 known as ‘‘Taps’’ should be designated as the National Song 

15 of Military Remembrance. 

16 SEC. 1089. REPORTS ON THE POTENTIAL SECURITY THREAT 

17 POSED BY BOKO HARAM. 

18 (a) DIRECTOR OF NATIONAL INTELLIGENCE RE19 PORT.—Not later than 180 days after the date of the enact20 ment of this Act, the Director of National Intelligence shall 

21 submit to Congress an intelligence assessment of the Nige22 rian organization known as Boko Haram. Such assessment 

23 shall address the following: 

24 (1) The organizational structure, operational 

25 goals, and funding sources of Boko Haram. 


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1 (2) The extent to which Boko Haram threatens 

2 the stability of Nigeria and surrounding countries. 

3 (3) The extent to which Boko Haram threatens 

4 the security of citizens of the United States or the na5 tional security or interests of the United States. 

6 (4) Any interaction between Boko Haram and 

7 al-Qaeda in the Islamic Maghreb or other al-Qaeda 

8 affiliates with respect to operational planning and 

9 execution, training, and funding. 

10 (5) The capacity of Nigerian security forces to 

11 counter the threat posed by Boko Haram and an as12 sessment of the effectiveness of the strategy of the Ni13 gerian government to date. 

14 (6) Any intelligence gaps with respect to the 

15 leadership, operational goals, and capabilities of Boko 

16 Haram. 

17 (b) SECRETARY OF STATE REPORT.—Not later than 

18 90 days after the date the report required by subsection (a) 

19 is submitted to Congress, the Secretary of State shall submit 

20 to Congress a report describing the strategy of the United 

21 States to counter the threat posed by Boko Haram. 


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1 SEC. 1090. NATIONAL VETERANS BUSINESS DEVELOPMENT 

2 CORPORATION. 

3 (a) IN GENERAL.—The Small Business Act (15 U.S.C. 

4 631 et seq.) is amended by striking section 33 (15 U.S.C. 

5 657c). 

6 (b) CORPORATION.—On and after the date of enact7 ment of this Act, the National Veterans Business Develop8 ment Corporation and any successor thereto may not rep9 resent that the corporation is federally chartered or in any 

10 other manner authorized by the Federal Government. 

11 (c) TECHNICAL AND CONFORMING AMENDMENTS.— 

12 (1) SMALL BUSINESS ACT.—The Small Business 

13 Act (15 U.S.C. 631 et seq.), as amended by this sec14 tion, is amended— 

15 (A) by redesignating sections 34 through 45 

16 as sections 33 through 44, respectively; 

17 (B) in section 9(k)(1)(D) (15 U.S.C. 

18 638(k)(1)(D)), by striking ‘‘section 34(d)’’ and 

19 inserting ‘‘section 33(d)’’; 

20 (C) in section 33 (15 U.S.C. 657d), as so re21 designated— 

22 (i) by striking ‘‘section 35’’ each place 

23 it appears and inserting ‘‘section 34’’; 

24 (ii) in subsection (a)— 


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1 (I) in paragraph (2), by striking 

2 ‘‘section 35(c)(2)(B)’’ and inserting 

3 ‘‘section 34(c)(2)(B)’’; 

4 (II) in paragraph (4), by striking 

5 ‘‘section 35(c)(2)’’ and inserting ‘‘sec6 tion 34(c)(2)’’; and 

7 (III) in paragraph (5), by strik8 ing ‘‘section 35(c)’’ and inserting ‘‘sec9 tion 34(c)’’; and 

10 (iii) in subsection (h)(2), by striking 

11 ‘‘section 35(d)’’ and inserting ‘‘section 

12 34(d)’’; 

13 (D) in section 34 (15 U.S.C. 657e), as so re14 designated— 

15 (i) by striking ‘‘section 34’’ each place 

16 it appears and inserting ‘‘section 33’’; and 

17 (ii) in subsection (c)(1), by striking 

18 section ‘‘34(c)(1)(E)(ii)’’ and inserting sec19 tion ‘‘33(c)(1)(E)(ii)’’; 

20 (E) in section 36(d) (15 U.S.C. 657i(d)), as 

21 so redesignated, by striking ‘‘section 43’’ and in22 serting ‘‘section 42’’; 

23 (F) in section 39(d) (15 U.S.C. 657l(d)), as 

24 so redesignated, by striking ‘‘section 43’’ and in25 serting ‘‘section 42’’; and 


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1 (G) in section 40(b) (15 U.S.C. 657m(b)), 

2 as so redesignated, by striking ‘‘section 43’’ and 

3 inserting ‘‘section 42’’. 

4 (2) TITLE 10.—Section 1142(b)(13) of title 10, 

5 United States Code, is amended by striking ‘‘and the 

6 National Veterans Business Development Corpora7 tion’’. 

8 (3) TITLE 38.—Section 3452(h) of title 38, 

9 United States Code, is amended by striking ‘‘any of 

10 the’’ and all that follows and inserting ‘‘any small 

11 business development center described in section 21 of 

12 the Small Business Act (15 U.S.C. 648), insofar as 

13 such center offers, sponsors, or cosponsors an entrepre14 neurship course, as that term is defined in section 

15 3675(c)(2).’’. 

16 (4) FOOD, CONSERVATION, AND ENERGY ACT OF

17 2008.—Section 12072(c)(2) of the Food, Conservation, 

18 and Energy Act of 2008 (15 U.S.C. 636g(c)(2)) is 

19 amended by striking ‘‘section 43 of the Small Busi20 ness Act, as added by this Act’’ and inserting ‘‘section 

21 42 of the Small Business Act (15 U.S.C. 657o)’’. 

22 (5) VETERANS ENTREPRENEURSHIP AND SMALL

23 BUSINESS DEVELOPMENT ACT OF 1999.—Section 

24 203(c)(5) of the Veterans Entrepreneurship and Small 

25 Business Development Act of 1999 (15 U.S.C. 657b 


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1 note) is amended by striking ‘‘In cooperation with the 

2 National Veterans Business Development Corporation, 

3 develop’’ and inserting ‘‘Develop’’. 

4 SEC. 1091. WHITE SANDS MISSILE RANGE AND FORT BLISS. 

5 (a) WITHDRAWAL.— 

6 (1) IN GENERAL.—Subject to valid existing 

7 rights and paragraph (3), the Federal land described 

8 in paragraph (2) is withdrawn from— 

9 (A) entry, appropriation, and disposal 

10 under the public land laws; 

11 (B) location, entry, and patent under the 

12 mining laws; and 

13 (C) operation of the mineral leasing, min14 eral materials, and geothermal leasing laws. 

15 (2) DESCRIPTION OF FEDERAL LAND.—The Fed16 eral land referred to in paragraph (1) consists of— 

17 (A) the approximately 5,100 acres of land 

18 depicted as ‘‘Parcel 1’’ on the map entitled 

19 ‘‘White Sands Missile Range/Fort Bliss/BLM 

20 Land Transfer and Withdrawal’’ and dated 

21 April 3, 2012 (referred to in this section as the 

22 ‘‘map’’); 

23 (B) the approximately 37,600 acres of land 

24 depicted as ‘‘Parcel 2’’, ‘‘Parcel 3’’, and ‘‘Parcel 

25 4’’ on the map; and 


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1 (C) any land or interest in land that is ac2 quired by the United States within the bound3 aries of the parcels described in subparagraph 

4 (B). 

5 (3) LIMITATION.—Notwithstanding paragraph 

6 (1), the land depicted as ‘‘Parcel 4’’ on the map is 

7 not withdrawn for purposes of the issuance of oil and 

8 gas pipeline rights-of-way. 

9 (b) RESERVATION.—The Federal land described in 

10 subsection (a)(2)(A) is reserved for use by the Secretary of 

11 the Army for military purposes in accordance with Public 

12 Land Order 833, dated May 21, 1952 (17 Fed. Reg. 4822). 

13 (c) TRANSFER OF ADMINISTRATIVE JURISDICTION.— 

14 Effective on the date of enactment of this Act, administra15 tive jurisdiction over the approximately 2,050 acres of land 

16 generally depicted as ‘‘Parcel 2’’ on the map— 

17 (1) is transferred from the Secretary of the Army 

18 to the Secretary of the Interior (acting through the 

19 Director of the Bureau of Land Management); and 

20 (2) shall be managed in accordance with— 

21 (A) the Federal Land Policy and Manage22 ment Act of 1976 (43 U.S.C. 1701 et seq.); and 

23 (B) any other applicable laws. 

24 (d) LEGAL DESCRIPTION.— 


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1 (1) IN GENERAL.—As soon as practicable after 

2 the date of enactment of this Act, the Secretary of the 

3 Interior shall publish in the Federal Register a legal 

4 description of the Federal land withdrawn by sub5 section (a). 

6 (2) FORCE OF LAW.—The legal description pub7 lished under paragraph (1) shall have the same force 

8 and effect as if included in this Act, except that the 

9 Secretary of the Interior may correct errors in the 

10 legal description. 

11 (3) REIMBURSEMENT OF COSTS.—The Secretary 

12 of the Army shall reimburse the Secretary of the Inte13 rior for any costs incurred by the Secretary of the In14 terior in implementing this subsection with regard to 

15 the Federal land described in subsection (a)(2)(A). 

16 SEC. 1092. TRANSPORT FOR FEMALE GENITAL MUTILATION. 

17 Section 116 of title 18, United States Code, is amended 

18 by adding at the end the following: 

19 ‘‘(d) Whoever knowingly transports from the United 

20 States and its territories a person in foreign commerce for 

21 the purpose of conduct with regard to that person that 

22 would be a violation of subsection (a) if the conduct oc23 curred within the United States, or attempts to do so, shall 

24 be fined under this title or imprisoned not more than 5 

25 years, or both.’’. 


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1 SEC. 1093. RENEWAL OF EXPIRED PROHIBITION ON RE2 TURN OF VETERANS MEMORIAL OBJECTS 

3 WITHOUT SPECIFIC AUTHORIZATION IN LAW. 

4 (a) CODIFICATION OF PROHIBITION.—Section 2572 of 

5 title 10, United States Code, is amended by adding at the 

6 end the following new subsection: 

7 ‘‘(e)(1) Except as provided in paragraph (3), and not8 withstanding this section or any other provision of law, the 

9 President may not transfer a veterans memorial object to 

10 a foreign country or an entity controlled by a foreign gov11 ernment, or otherwise transfer or convey such an object to 

12 any person or entity for purposes of the ultimate transfer 

13 or conveyance of the object to a foreign country or entity 

14 controlled by a foreign government. 

15 ‘‘(2) In this subsection: 

16 ‘‘(A) The term ‘entity controlled by a foreign 

17 government’ has the meaning given that term in sec18 tion 2536(c)(1) of this title. 

19 ‘‘(B) The term ‘veterans memorial object’ means 

20 any object, including a physical structure or portion 

21 thereof, that— 

22 ‘‘(i) is located at a cemetery of the National 

23 Cemetery System, war memorial, or military in24 stallation in the United States; 


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1 ‘‘(ii) is dedicated to, or otherwise memorial2 izes, the death in combat or combat-related du3 ties of members of the armed forces; and 

4 ‘‘(iii) was brought to the United States from 

5 abroad as a memorial of combat abroad. 

6 ‘‘(3) The prohibition imposed by paragraph (1) does 

7 not apply to a transfer of a veterans memorial object if— 

8 ‘‘(A) the transfer of that veterans memorial ob9 ject is specifically authorized by law; or 

10 ‘‘(B) the transfer is made after September 30, 

11 2017.’’. 

12 (b) REPEAL OF OBSOLETE SOURCE LAW.—Section 

13 1051 of the National Defense Authorization Act for Fiscal 

14 Year 2000 (Public Law 106–65; 10 U.S.C. 2572 note) is 

15 repealed. 

16 SEC. 1094. TRANSFER OF EXCESS AIRCRAFT TO OTHER DE17 PARTMENTS. 

18 (a) TRANSFER.—Subject to subsection (c), the Sec19 retary of Defense shall transfer excess aircraft specified in 

20 subsection (b) to the Secretary of Agriculture and the Sec21 retary of Homeland Security for use by the Forest Service 

22 and the United States Coast Guard. The transfer of any 

23 excess aircraft under this subsection shall be without reim24 bursement. 

25 (b) AIRCRAFT.— 


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1 (1) IN GENERAL.—The aircraft transferred under 

2 subsection (a) are aircraft of the Department of De3 fense that are— 

4 (A) identified by the Forest Service or the 

5 United States Coast Guard as a suitable plat6 form to carry out their respective missions; 

7 (B) subject to paragraphs (2) and (3), ex8 cess to the needs of the Department of Defense, 

9 as determined by the Secretary of Defense; 

10 (C) acceptable for use by the Forest Service, 

11 as determined by the Secretary of Agriculture; 

12 and 

13 (D) acceptable for use by the United States 

14 Coast Guard, as determined by the Secretary of 

15 Homeland Security. 

16 (2) LIMITATION ON NUMBER.—The number of 

17 aircraft that may be transferred to either the Sec18 retary of Agriculture or the Secretary of Homeland 

19 Security may not exceed 12 aircraft. 

20 (3) LIMITATIONS ON DETERMINATION AS EX21 CESS.—Aircraft may not be determined to be excess 

22 for the purposes of this subsection, unless such air23 craft are determined to be excess in the report ref24 erenced by subsection (b) of section 1703 of title XVII 


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1 of this Act, or if such aircraft are otherwise prohib2 ited from being determined excess by law. 

3 (c) PRIORITY IN TRANSFER.—The Secretary of Agri4 culture and the Secretary of Homeland Security shall be 

5 afforded equal priority in the transfer under subsection (a) 

6 of excess aircraft of the Department of Defense specified in 

7 subsection (b) before any other department or agency of the 

8 Federal Government. 

9 (d) CONDITIONS OF TRANSFER.—Excess aircraft 

10 transferred to the Secretary of Agriculture under subsection 

11 (a)— 

12 (1) may be used only for wildfire suppression 

13 purposes; and 

14 (2) may not be flown or otherwise removed from 

15 the United States unless dispatched by the National 

16 Interagency Fire Center in support of an inter17 national agreement to assist in wildfire suppression 

18 efforts or for other purposes approved by the Sec19 retary of Agriculture in writing in advance. 

20 (e) EXPIRATION OF AUTHORITY.—The authority to 

21 transfer excess aircraft under subsection (a) shall expire on 

22 December 31, 2013. 


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1 SEC. 1095. REAUTHORIZATION OF SALE OF AIRCRAFT AND 

2 PARTS FOR WILDFIRE SUPPRESSION PUR3 POSES. 

4 Section 2 of the Wildfire Suppression Aircraft Trans5 fer Act of 1996 (10 U.S.C. 2576 note) is amended— 

6 (1) in subsection (a), by striking ‘‘during the pe7 riod beginning on October 1, 1996, and ending on 

8 September 30, 2005’’ and inserting ‘‘during a period 

9 specified in subsection (g)’’; 

10 (2) by redesignating subsection (g) as subsection 

11 (h); and 

12 (3) by inserting after subsection (f) the following 

13 new subsection (g): 

14 ‘‘(g) PERIODS FOR EXERCISE OF AUTHORITY.—The 

15 periods specified in this subsection are the following: 

16 ‘‘(1) The period beginning on October 1, 1996, 

17 and ending on September 30, 2005. 

18 ‘‘(2) The period beginning on October 1, 2012, 

19 and ending on September 30, 2017.’’. 

20 SEC. 1096. PROTECTION OF VETERANS’ MEMORIALS. 

21 (a) TRANSPORTATION OF STOLEN MEMORIALS.—Sec22 tion 2314 of title 18, United States Code, is amended by 

23 adding at the end the following: 

24 ‘‘In the case of an offense under the first paragraph 

25 of this section, if the goods, wares, or merchandise consist 

26 of or include a veterans’ memorial, the requirement of that 


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1 paragraph that the goods, wares, or merchandise have a 

2 value of $5,000 or more does not apply. In this paragraph, 

3 the term ‘veterans’ memorial’ means a grave marker, head4 stone, monument, or other object, intended to permanently 

5 honor a veteran or mark a veteran’s grave, or any monu6 ment that signifies an event of national military historical 

7 significance.’’. 

8 (b) SALE OR RECEIPT OF STOLEN MEMORIALS.—Sec9 tion 2315 of such title is amended by adding at the end 

10 the following: 

11 ‘‘In the case of an offense under the first paragraph 

12 of this section, if the goods, wares, or merchandise consist 

13 of or include a veterans’ memorial, the requirement of that 

14 paragraph that the goods, wares, or merchandise have a 

15 value of $5,000 or more does not apply. In this paragraph, 

16 the term ‘veterans’ memorial’ means a grave marker, head17 stone, monument, or other object, intended to permanently 

18 honor a veteran or mark a veteran’s grave, or any monu19 ment that signifies an event of national military historical 

20 significance.’’. 


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1 SEC. 1097. TRANSPORTATION OF INDIVIDUALS TO AND 

2 FROM FACILITIES OF DEPARTMENT OF VET3 ERANS AFFAIRS. 

4 (a) IN GENERAL.—Chapter 1 of title 38, United States 

5 Code, is amended by inserting after section 111 the fol6 lowing new section: 

7 ‘‘§ 111A. Transportation of individuals to and from 

8 Department facilities 

9 ‘‘(a) TRANSPORTATION BY SECRETARY.—The Sec10 retary may transport any person to or from a Department 

11 facility or other place in connection with vocational reha12 bilitation, counseling required by the Secretary pursuant 

13 to chapter 34 or 35 of this title, or for the purpose of exam14 ination, treatment, or care.’’. 

15 (b) CONFORMING AMENDMENT.—Subsection (h) of sec16 tion 111 of such title is— 

17 (1) transferred to section 111A of such title, as 

18 added by subsection (a); 

19 (2) redesignated as subsection (b); 

20 (3) inserted after subsection (a) of such section; 

21 and 

22 (4) amended by inserting ‘‘TRANSPORTATION BY

23 THIRD-PARTIES.—’’ before ‘‘The Secretary’’. 

24 (c) CLERICAL AMENDMENT.—The table of sections at 

25 the beginning of chapter 1 of such title is amended by inVerDate Mar 15 2010 01:32 Dec 07, 2012 Jkt 029200 PO 00000 Frm 00630 Fmt 6652 Sfmt 6203 E:\SENENR\H4310.PP H4310

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1 serting after the item relating to section 111 the following 

2 new item: 

‘‘111A. Transportation of individuals to and from Department facilities.’’. 

3 SEC. 1098. NATIONAL PUBLIC AWARENESS AND PARTICIPA4 TION CAMPAIGN FOR VETERANS’ HISTORY 

5 PROJECT OF AMERICAN FOLKLIFE CENTER. 

6 (a) IN GENERAL.—The Director of the American 

7 Folklife Center at the Library of Congress shall carry out 

8 a national public awareness and participation campaign 

9 for the program required by section 3(a) of the Veterans’ 

10 Oral History Project Act (20 U.S.C. 2142(a)). Such cam11 paign shall provide for the following: 

12 (1) Encouraging the people of the United States, 

13 veterans organizations, community groups, and na14 tional organizations to participate in such program. 

15 (2) Ensuring greater awareness and participa16 tion throughout the United States in such program. 

17 (3) Providing meaningful opportunities for 

18 learning about the experiences of veterans. 

19 (4) Complementing the efforts supporting the re20 adjustment and successful reintegration of veterans 

21 into civilian life after service in the Armed Forces. 

22 (b) COORDINATION AND COOPERATION.—To the degree 

23 practicable, the Director shall, in carrying out the cam24 paign required by subsection (a), coordinate and cooperate 

25 with veterans service organizations. 


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1 (c) VETERANS SERVICE ORGANIZATION DEFINED.—In 

2 this section, the term ‘‘veterans service organization’’ means 

3 any organization recognized by the Secretary of Veterans 

4 Affairs for the representation of veterans under section 5902 

5 of title 38, United States Code. 

6 SEC. 1099. TECHNICAL AMENDMENTS RELATING TO THE 

7 TERMINATION OF THE ARMED FORCES INSTI8 TUTE OF PATHOLOGY UNDER DEFENSE BASE 

9 CLOSURE AND REALIGNMENT. 

10 Section 177 of title 10, United States Code, is amend11 ed— 

12 (1) in subsection (a)— 

13 (A) in paragraph (2)— 

14 (i) by striking ‘‘those professional soci15 eties’’ and all that follows through ‘‘the 

16 Armed Forces Institute of Pathology’’ and 

17 inserting ‘‘the professional societies and or18 ganizations that support the activities of the 

19 American Registry of Pathology’’; and 

20 (ii) by striking the second sentence; 

21 and 

22 (B) in paragraph (3), by striking ‘‘with the 

23 concurrence of the Director of the Armed Forces 

24 Institute of Pathology’’; 

25 (2) in subsection (b)— 


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1 (A) by striking paragraph (1); 

2 (B) by redesignating paragraphs (2), (3), 

3 (4), and (5) as paragraphs (1), (2), (3), and (4), 

4 respectively; and 

5 (C) in paragraph (2), as redesignated by 

6 subparagraph (B)— 

7 (i) by striking ‘‘accept gifts and grants 

8 from and’’; and 

9 (ii) by inserting ‘‘and accept gifts and 

10 grants from such entities’’ before the semi11 colon; and 

12 (3) in subsection (d), by striking ‘‘to the Direc13 tor’’ and all that follows through ‘‘it deems desirable,’’ 

14 and inserting ‘‘annually to its Board and supporting 

15 organizations referred to in subsection (a)(2)’’. 

16 SEC. 1099A. IMPROVED ENUMERATION OF MEMBERS OF 

17 THE ARMED FORCES IN ANY TABULATION OF 

18 TOTAL POPULATION BY SECRETARY OF COM19 MERCE. 

20 (a) IN GENERAL.—Section 141 of title 13, United 

21 States Code, is amended— 

22 (1) by redesignating subsection (g) as subsection 

23 (h); and 

24 (2) by inserting after subsection (f) the following: 


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1 ‘‘(g) Effective beginning with the 2020 decennial cen2 sus of population, in taking any tabulation of total popu3 lation by States, the Secretary shall take appropriate meas4 ures to ensure, to the maximum extent practicable, that all 

5 members of the Armed Forces deployed abroad on the date 

6 of taking such tabulation are— 

7 ‘‘(1) fully and accurately counted; and 

8 ‘‘(2) properly attributed to the State in which 

9 their residence at their permanent duty station or 

10 homeport is located on such date.’’. 

11 (b) CONSTRUCTION.—The amendments made by sub12 section (a) shall not be construed to affect the residency sta13 tus of any member of the Armed Forces under any provision 

14 of law other than title 13, United States Code. 

15 SEC. 1099B. STATE CONSIDERATION OF MILITARY TRAIN16 ING IN GRANTING CERTAIN STATE CERTIFI17 CATIONS AND LICENSES AS A CONDITION ON 

18 THE RECEIPT OF FUNDS FOR VETERANS EM19 PLOYMENT AND TRAINING. 

20 (a) IN GENERAL.—Section 4102A(c) of title 38, United 

21 States Code, is amended by adding at the end the following: 

22 ‘‘(9)(A) As a condition of a grant or contract under 

23 which funds are made available to a State in order to carry 

24 out section 4103A or 4104 of this title for any program 

25 year, the Secretary may require the State— 


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1 ‘‘(i) to demonstrate that when the State approves 

2 or denies a certification or license described in sub3 paragraph (B) for a veteran the State takes into con4 sideration any training received or experience gained 

5 by the veteran while serving on active duty in the 

6 Armed Forces; and 

7 ‘‘(ii) to disclose to the Secretary in writing the 

8 following: 

9 ‘‘(I) Criteria applicants must satisfy to re10 ceive a certification or license described in sub11 paragraph (B) by the State. 

12 ‘‘(II) A description of the standard prac13 tices of the State for evaluating training received 

14 by veterans while serving on active duty in the 

15 Armed Forces and evaluating the documented 

16 work experience of such veterans during such 

17 service for purposes of approving or denying a 

18 certification or license described in subparagraph 

19 (B). 

20 ‘‘(III) Identification of areas in which 

21 training and experience described in subclause 

22 (II) fails to meet criteria described in subclause 

23 (I).’’ 

24 ‘‘(B) A certification or license described in this sub25 paragraph is any of the following: 


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1 ‘‘(i) A license to be a State tested nursing assist2 ant or a certified nursing assistant. 

3 ‘‘(ii) A commercial driver’s license. 

4 ‘‘(iii) An emergency medical technician license 

5 EMT–B or EMT–I. 

6 ‘‘(iv) An emergency medical technician–para7 medic license. 

8 ‘‘(C) The Secretary shall share the information the 

9 Secretary receives under subparagraph (A)(ii) with the Sec10 retary of Defense to help the Secretary of Defense improve 

11 training for military occupational specialties so that indi12 viduals who receive such training are able to receive a cer13 tification or license described in subparagraph (B) from a 

14 State.’’. 

15 (b) EFFECTIVE DATE.—The amendment made by sub16 section (a) shall apply with respect to a program year be17 ginning on or after the date of the enactment of this Act. 

18 SECTION 1099C. AMENDMENTS TO LAW ENFORCEMENT OF19 FICER SAFETY PROVISIONS OF TITLE 18. 

20 Chapter 44 of title 18, United States Code, is amend21 ed— 

22 (1) in section 926B— 

23 (A) in subsection (c)(1), by inserting ‘‘or 

24 apprehension under section 807(b) of title 10, 


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1 United States Code (article 7(b) of the Uniform 

2 Code of Military Justice)’’ after ‘‘arrest’’; 

3 (B) in subsection (d), by striking ‘‘as a law 

4 enforcement officer’’ and inserting ‘‘that identi5 fies the employee as a police officer or law en6 forcement officer of the agency’’; and 

7 (C) in subsection (f), by inserting ‘‘or ap8 prehension under section 807(b) of title 10, 

9 United States Code (article 7(b) of the Uniform 

10 Code of Military Justice)’’ after ‘‘arrest’’; and 

11 (2) in section 926C— 

12 (A) in subsection (c)(2), by inserting ‘‘or 

13 apprehension under section 807(b) of title 10, 

14 United States Code (article 7(b) of the Uniform 

15 Code of Military Justice)’’ after ‘‘arrest’’; and 

16 (B) in subsection (d)— 

17 (i) in paragraph (1), by striking ‘‘that 

18 indicates’’ and inserting ‘‘that identifies the 

19 person as having been employed as a police 

20 officer or law enforcement officer and indi21 cates’’; and 

22 (ii) in paragraph (2)(A), by inserting 

23 ‘‘that identifies the person as having been 

24 employed as a police officer or law enforce25 ment officer’’ after ‘‘officer’’. 


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1 SEC. 1099D. MODERNIZATION OF ABSENTEE BALLOT MAIL 

2 DELIVERY SYSTEM. 

3 It is the sense of Congress that the Department of De4 fense should partner with the United States Postal Service 

5 (USPS) to modernize the USPS mail delivery system to 

6 address problems with the delivery of absentee ballots and 

7 ensure the effective and efficient delivery of such ballots, in8 cluding through the establishment of a centralized mail for9 warding system to ensure that blank ballots are properly 

10 redirected. 

11 SEC. 1099E. STATE TRADE AND EXPORT PROMOTION GRANT 

12 PROGRAM. 

13 Section 1207(a)(5) of the Small Business Jobs Act of 

14 2010 (15 U.S.C. 649b note) is amended by inserting after 

15 ‘‘Guam,’’ the following: ‘‘the Commonwealth of the Northern 

16 Mariana Islands,’’. 

17 TITLE XI—CIVILIAN PERSONNEL 

18 MATTERS 

19 SEC. 1101. AUTHORITY FOR TRANSPORTATION OF FAMILY 

20 HOUSEHOLD PETS OF CIVILIAN PERSONNEL 

21 DURING EVACUATION OF NON-ESSENTIAL 

22 PERSONNEL. 

23 Section 5725 of title 5, United States Code, is amend24 ed— 

25 (1) in subsection (a)(2), by inserting ‘‘and fam26 ily household pets,’’ after ‘‘personal effects,’’; and 


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1 (2) by adding at the end the following new sub2 section: 

3 ‘‘(c)(1) Authority under subsection (a) to transport 

4 family household pets of an employee includes authority for 

5 shipment and the payment of quarantine costs, if any. 

6 ‘‘(2) An employee for whom transportation of family 

7 household pets is authorized under subsection (a) may be 

8 paid reimbursement or a monetary allowance if other com9 mercial transportation means have been used. 

10 ‘‘(3) The provision of transportation of family house11 hold pets for an employee of the Department of Defense 

12 under subsection (a) and the payment of reimbursement 

13 under paragraph (2) shall be subject to the same terms and 

14 conditions as apply under subsection 406(b)(1)(H)(iii) of 

15 title 37 with respect to family household pets of members 

16 of the uniformed services, including limitations on the 

17 types, size, and number of pets for which transportation 

18 may be provided or reimbursement paid.’’. 

19 SEC. 1102. EXPANSION OF EXPERIMENTAL PERSONNEL 

20 PROGRAM FOR SCIENTIFIC AND TECHNICAL 

21 PERSONNEL AT THE DEFENSE ADVANCED RE22 SEARCH PROJECTS AGENCY. 

23 (a) EXPANSION.—Section 1101(b)(1)(A) of the Strom 

24 Thurmond National Defense Authorization Act for Fiscal 


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1 Year 1999 (5 U.S.C. 3104 note) is amended by striking 

2 ‘‘40’’ and inserting ‘‘60’’. 

3 (b) CONSTRUCTION.—The amendment made by sub4 section (a) shall not be construed as affecting any applicable 

5 authorization or delimitation of the numbers of personnel 

6 that may be employed at the Defense Advanced Research 

7 Projects Agency. 

8 SEC. 1103. ONE-YEAR EXTENSION OF DISCRETIONARY AU9 THORITY TO GRANT ALLOWANCES, BENEFITS, 

10 AND GRATUITIES TO PERSONNEL ON OFFI11 CIAL DUTY IN A COMBAT ZONE. 

12 Paragraph (2) of section 1603(a) of the Emergency 

13 Supplemental Appropriations Act for Defense, the Global 

14 War on Terror, and Hurricane Recovery, 2006 (Public Law 

15 109–234; 120 Stat. 443), as added by section 1102 of the 

16 Duncan Hunter National Defense Authorization Act for 

17 Fiscal Year 2009 (Public Law 110–417; 122 Stat. 4616) 

18 and amended by section 1112 of the National Defense Au19 thorization Act for Fiscal Year 2012 (Public Law 112–81; 

20 125 Stat. 1616), is further amended by striking ‘‘2013’’ and 

21 inserting ‘‘2014’’. 


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1 SEC. 1104. FEDERAL EMPLOYEES RETIREMENT SYSTEM AGE 

2 AND RETIREMENT TREATMENT FOR CERTAIN 

3 RETIREES OF THE ARMED FORCES. 

4 (a) INCREASE IN MAXIMUM AGE LIMIT FOR POSITIONS

5 SUBJECT TO FERS.— 

6 (1) LAW ENFORCEMENT OFFICERS.—Section 

7 3307(e) of title 5, United States Code, is amended— 

8 (A) in paragraph (1), by inserting ‘‘or (3)’’ 

9 after ‘‘paragraph (2)’’; and 

10 (B) by adding at the end the following: 

11 ‘‘(3) The maximum age limit for an original appoint12 ment to a position as a law enforcement officer (as defined 

13 in section 8401(17)) shall be 47 years of age, in the case 

14 of an individual who on the effective date of such appoint15 ment is eligible to receive retired pay or retainer pay for 

16 military service, or pension or compensation from the De17 partment of Veterans Affairs instead of such retired or re18 tainer pay.’’. 

19 (2) OTHER POSITIONS.—The maximum age 

20 limit for an original appointment to a position as a 

21 member of the Capitol Police or Supreme Court Po22 lice, nuclear materials courier (as defined under sec23 tion 8401(33) of such title), or customs and border 

24 protection officer (as defined in section 8401(36) of 

25 such title) shall be 47 years of age, in the case of an 

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1 ment is eligible to receive retired pay or retainer pay 

2 for military service, or pension or compensation from 

3 the Department of Veterans Affairs instead of such re4 tired or retainer pay. 

5 (b) ELIGIBILITY FOR ANNUITY.—Section 8412(d) of 

6 such title is amended— 

7 (1) in paragraph (1), by striking ‘‘or’’ at the 

8 end; 

9 (2) in paragraph (2), by adding ‘‘or’’ at the end; 

10 and 

11 (3) by inserting after paragraph (2) the fol12 lowing: 

13 ‘‘(3) after becoming 57 years of age and com14 pleting 10 years of service as a law enforcement offi15 cer, member of the Capitol Police or Supreme Court 

16 Police, nuclear materials courier, customs or border 

17 protection officer, or any combination of such service 

18 totaling 10 years, if such employee— 

19 ‘‘(A) is originally appointed to a position 

20 as a law enforcement officer, member of the Cap21 itol Police or Supreme Court Police, nuclear ma22 terials courier, or customs and border protection 

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1 fense Authorization Act for Fiscal Year 2013, 

2 and 

3 ‘‘(B) on the date that original appointment 

4 met the requirements of section 3307(e)(2) of this 

5 title or section 1104(a)(2) of the National De6 fense Authorization Act for Fiscal Year 2013,’’. 

7 (c) MANDATORY SEPARATION.—Section 8425 of such 

8 title is amended— 

9 (1) in subsection (b)(1), in the first sentence, by 

10 inserting ‘‘, except that a law enforcement officer, nu11 clear materials courier, or customs and border protec12 tion officer eligible for retirement under section 

13 8412(d)(3) shall be separated from the service on the 

14 last day of the month in which that employee becomes 

15 57 years of age’’ before the period; 

16 (2) in subsection (c), in the first sentence, by in17 serting ‘‘, except that a member of the Capitol Police 

18 eligible for retirement under section 8412(d)(3) shall 

19 be separated from the service on the last day of the 

20 month in which that employee becomes 57 years of 

21 age’’ before the period; and 

22 (3) in subsection (d), in the first sentence, by in23 serting ‘‘, except that a member of the Supreme Court 

24 Police eligible for retirement under section 8412(d)(3) 

25 shall be separated from the service on the last day of 


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1 the month in which that employee becomes 57 years 

2 of age’’ before the period. 

3 (d) COMPUTATION OF BASIC ANNUITY.—Section 

4 8415(e) of such title is amended— 

5 (1) by redesignating paragraphs (1) and (2) as 

6 subparagraphs (A) and (B), respectively; 

7 (2) by striking ‘‘The annuity of an employee’’ 

8 and inserting ‘‘(1) Except as provided in paragraph 

9 (2), the annuity of an employee’’; and 

10 (3) by adding at the end the following: 

11 ‘‘(2)(A) The annuity of an employee retiring under 

12 subsection (d) or (e) of section 8412 or under subsection 

13 (a), (b), or (c) of section 8425 who is an employee described 

14 in subparagraph (B) is— 

15 ‘‘(i) 1 7/10 percent of that individual’s average 

16 pay multiplied by so much of such individual’s civil17 ian service as a law enforcement officer, member of 

18 the Capitol Police or Supreme Court Police, nuclear 

19 materials courier, customs and border protection offi20 cer, or air traffic controller that, in the aggregate, 

21 does not exceed 20 years; plus 

22 ‘‘(ii) 1 percent of that individual’s average pay 

23 multiplied by the remainder of such individual’s total 

24 service. 


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1 ‘‘(B) An employee described in this subparagraph is 

2 an employee who— 

3 ‘‘(i) is originally appointed to a position as a 

4 law enforcement officer, member of the Capitol Police 

5 or Supreme Court Police, nuclear materials courier, 

6 or customs and border protection officer on or after 

7 the effective date of this paragraph under section 

8 1104(e) of the National Defense Authorization Act for 

9 Fiscal Year 2013; and 

10 ‘‘(ii) on the date that original appointment met 

11 the requirements of section 3307(e)(2) of this title or 

12 section 1104(a)(2) of the National Defense Authoriza13 tion Act for Fiscal Year 2013.’’. 

14 (e) EFFECTIVE DATE.—This section (including the 

15 amendments made by this section) shall take effect 60 days 

16 after the date of enactment of this Act and shall apply to 

17 appointments made on or after that effective date. 


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1 TITLE XII—MATTERS RELATING 

2 TO FOREIGN NATIONS 

3 Subtitle A—Assistance and 

4 Training 

5 SEC. 1201. EXTENSION OF AUTHORITY TO BUILD THE CA6 PACITY OF FOREIGN MILITARY FORCES AND 

7 MODIFICATION OF NOTICE IN CONNECTION 

8 WITH INITIATION OF ACTIVITIES. 

9 (a) EXTENSION.—Subsection (g) of section 1206 of the 

10 National Defense Authorization Act for Fiscal Year 2006 

11 (Public Law 109–163; 119 Stat. 3456), as most recent 

12 amended by section 1204(c) of the National Defense Author13 ization Act for Fiscal Year 2012 (Public Law 112–81; 125 

14 Stat. 1622), is further amended— 

15 (1) by striking ‘‘September 30, 2013’’ and insert16 ing ‘‘September 30, 2014’’; and 

17 (2) by striking ‘‘fiscal years 2006 through 2013’’ 

18 and inserting ‘‘fiscal years 2006 through 2014’’. 

19 (b) MODIFICATION OF NOTICE.— 

20 (1) IN GENERAL.—Subsection (e)(2) of such sec21 tion 1206, as amended by section 1206(a) of the John 

22 Warner National Defense Authorization Act for Fiscal 

23 Year 2007 (Public Law 109–364; 120 Stat. 2418), is 

24 further amended by adding at the end the following 

25 new subparagraph: 


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1 ‘‘(D) Detailed information (including the 

2 amount and purpose) on the assistance provided 

3 the country during the three preceding fiscal 

4 years under each of the following programs or 

5 accounts: 

6 ‘‘(i) A program under this section. 

7 ‘‘(ii) The Foreign Military Financing 

8 program under the Foreign Assistance Act 

9 of 1961. 

10 ‘‘(iii) Peacekeeping Operations. 

11 ‘‘(iv) The International Narcotics Con12 trol and Law Enforcement (INCLE) pro13 gram under section 481 of the Foreign As14 sistance Act of 1961 (22 U.S.C. 2291). 

15 ‘‘(v) Nonproliferation, Anti-Terrorism, 

16 Demining, and Related Programs 

17 (NADR).’’. 

18 (2) APPLICABILITY.—The amendment made by 

19 paragraph (1) shall take effect on the date of the en20 actment of this Act, and shall apply with respect to 

21 any country in which activities are initiated under 

22 section 1206 of the National Defense Authorization 

23 Act for Fiscal Year 2006 on or after that date. 


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1 SEC. 1202. EXTENSION OF AUTHORITY FOR NON-RECIP2 ROCAL EXCHANGE OF DEFENSE PERSONNEL 

3 BETWEEN THE UNITED STATES AND FOREIGN 

4 COUNTRIES. 

5 Section 1207(f) of the National Defense Authorization 

6 Act for Fiscal Year 2010 (Public Law 111–84; 123 Stat. 

7 2514; 10 U.S.C. 168 note) is amended by striking ‘‘Sep8 tember 30, 2012’’ and inserting ‘‘September 30, 2017’’. 

9 SEC. 1203. AUTHORITY TO BUILD THE CAPACITY OF CER10 TAIN COUNTERTERRORISM FORCES IN 

11 YEMEN AND EAST AFRICA. 

12 (a) AUTHORITY.—The Secretary of Defense may, with 

13 the concurrence of the Secretary of State, provide assistance 

14 as follows: 

15 (1) To enhance the ability of the Yemen Ministry 

16 of Interior Counter Terrorism Forces to conduct 

17 counterterrorism operations against al Qaeda in the 

18 Arabian Peninsula and its affiliates. 

19 (2) To enhance the capacity of the national mili20 tary forces, security agencies serving a similar defense 

21 function, other counterterrorism forces, and border se22 curity forces of Djibouti, Ethiopia, and Kenya to con23 duct counterterrorism operations against al Qaeda, al 

24 Qaeda affiliates, and al Shabaab. 

25 (3) To enhance the capacity of national military 

26 forces participating in the African Union Mission in 


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1 Somalia to conduct counterterrorism operations 

2 against al Qaeda, al Qaeda affiliates, and al 

3 Shabaab. 

4 (b) TYPES OF ASSISTANCE.— 

5 (1) AUTHORIZED ELEMENTS.—Assistance under 

6 subsection (a) may include the provision of equip7 ment, supplies, training, and minor military con8 struction. 

9 (2) REQUIRED ELEMENTS.—Assistance under 

10 subsection (a) shall be provided in a manner that 

11 promotes— 

12 (A) observance of and respect for human 

13 rights and fundamental freedoms; and 

14 (B) respect for legitimate civilian authority 

15 in the country receiving such assistance. 

16 (3) ASSISTANCE OTHERWISE PROHIBITED BY

17 LAW.—The Secretary of Defense may not use the au18 thority in subsection (a) to provide any type of assist19 ance described in this subsection that is otherwise 

20 prohibited by any other provision of law. 

21 (4) LIMITATIONS ON MINOR MILITARY CONSTRUC22 TION.—The total amount that may be obligated and 

23 expended on minor military construction under sub24 section (a) in any fiscal year may not exceed 

25 amounts as follows: 


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1 (A) In the case of minor military construc2 tion under paragraph (1) of subsection (a), 

3 $10,000,000. 

4 (B) In the case of minor military construc5 tion under paragraphs (2) and (3) of subsection 

6 (a), $10,000,000. 

7 (c) FUNDING.— 

8 (1) IN GENERAL.—Of the amount authorized to 

9 be appropriated for a fiscal year for the Department 

10 of Defense for operation and maintenance— 

11 (A) not more than $75,000,000 may be used 

12 to provide assistance under paragraph (1) of 

13 subsection (a); and 

14 (B) not more than $75,000,000 may used to 

15 provide assistance under paragraphs (2) and (3) 

16 of subsection (a). 

17 (2) AVAILABILITY OF FUNDS FOR ASSISTANCE

18 ACROSS FISCAL YEARS.—Amounts available under 

19 this subsection for the authority in subsection (a) for 

20 a fiscal year may be used for assistance under that 

21 authority that begins in such fiscal year but ends in 

22 the next fiscal year. 

23 (d) NOTICE TO CONGRESS.— 

24 (1) IN GENERAL.—Not later than 30 days before 

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1 retary of Defense shall submit to the committees of 

2 Congress specified in paragraph (2) a notice setting 

3 forth the assistance to be provided, including the types 

4 of such assistance, the budget for such assistance, and 

5 the completion date for the provision of such assist6 ance. 

7 (2) COMMITTEES OF CONGRESS.—The commit8 tees of Congress specified in this paragraph are— 

9 (A) the Committee on Armed Services, the 

10 Committee on Foreign Relations, and the Com11 mittee on Appropriations of the Senate; and 

12 (B) the Committee on Armed Services, the 

13 Committee on Foreign Affairs, and the Com14 mittee on Appropriations of the House of Rep15 resentatives. 

16 (e) EXPIRATION.—Except as provided in subsection 

17 (c)(2), the authority provided under subsection (a) may not 

18 be exercised after the earlier of— 

19 (1) the date on which the Global Security Con20 tingency Fund achieves full operational capability; or 

21 (2) September 30, 2014. 

22 SEC. 1204. LIMITATION ON AVAILABILITY OF FUNDS FOR 

23 STATE PARTNERSHIP PROGRAM. 

24 (a) LIMITATION.—Of the amounts authorized to be ap25 propriated by this Act and available for the State PartnerVerDate Mar 15 2010 01:32 Dec 07, 2012 Jkt 029200 PO 00000 Frm 00651 Fmt 6652 Sfmt 6203 E:\SENENR\H4310.PP H4310

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1 ship Program, not more than 50 percent may be obligated 

2 or expended for that Program until the latter of the fol3 lowing: 

4 (1) The date on which the Secretary of Defense 

5 submits to the appropriate congressional committees 

6 the final regulations required by subsection (a) of sec7 tion 1210 of the National Defense Authorization Act 

8 for Fiscal Year 2010 (Public Law 111–84; 123 Stat. 

9 2517; 32 U.S.C. 107 note). 

10 (2) The date on which the Secretary of Defense 

11 certifies to the appropriate congressional committees 

12 that appropriate modifications have been made, and 

13 appropriate controls have been instituted, to ensure 

14 the compliance of the Program with section 1341 of 

15 title 31, United States Code (commonly referred to as 

16 the ‘‘Anti-Deficiency Act’’), in the future. 

17 (b) APPROPRIATE CONGRESSIONAL COMMITTEES DE18 FINED.—In this section, the term ‘‘appropriate congres19 sional committees’’ has the meaning given that term in sub20 section (d) of section 1210 of the National Defense Author21 ization Act for Fiscal Year 2010. 


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1 Subtitle B—Matters Relating to 

2 Iraq, Afghanistan, and Pakistan 

3 SEC. 1211. COMMANDERS’ EMERGENCY RESPONSE PRO4 GRAM IN AFGHANISTAN. 

5 (a) ONE-YEAR EXTENSION.— 

6 (1) IN GENERAL.—Section 1201 of the National 

7 Defense Authorization Act for Fiscal Year 2012 (Pub8 lic Law 112–81; 125 Stat. 1619) is amended by strik9 ing ‘‘fiscal year 2012’’ each place it appears and in10 serting ‘‘fiscal year 2013’’. 

11 (2) CONFORMING AMENDMENT.—The heading of 

12 subsection (a) of such section is amended by striking 

13 ‘‘FISCAL YEAR 2012’’ and inserting ‘‘FISCAL YEAR

14 2013’’. 

15 (b) AMOUNT OF FUNDS AVAILABLE DURING FISCAL

16 YEAR 2013.—Subsection (a) of such section is further 

17 amended by striking ‘‘$400,000,000’’ and inserting 

18 ‘‘$200,000,000’’. 

19 SEC. 1212. EXTENSION OF AUTHORITY TO SUPPORT OPER20 ATIONS AND ACTIVITIES OF THE OFFICE OF 

21 SECURITY COOPERATION IN IRAQ. 

22 (a) LIMITATION ON AMOUNT OF FUNDS FOR FISCAL

23 YEAR 2013.—Subsection (c) of section 1215 of the National 

24 Defense Authorization Act for Fiscal Year 2012 (Public 

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1 ed by striking ‘‘in fiscal year 2012’’ and all that follows 

2 and inserting ‘‘may not exceed amounts as follows: 

3 ‘‘(1) In fiscal year 2012, $524,000,000. 

4 ‘‘(2) In fiscal year 2013, $508,000,000.’’. 

5 (b) SOURCE OF FUNDS.—Subsection (d) of such section 

6 is amended by inserting ‘‘or 2013’’ after ‘‘fiscal year 2012’’. 

7 SEC. 1213. ONE-YEAR EXTENSION AND MODIFICATION OF 

8 AUTHORITY TO USE FUNDS FOR REINTEGRA9 TION ACTIVITIES IN AFGHANISTAN. 

10 (a) SENSE OF THE SENATE.—It is the sense of the Sen11 ate that— 

12 (1) the Senate is deeply concerned with the dra13 matic rise in conflict-induced displacement in Af14 ghanistan and the corresponding increase in humani15 tarian need, especially as winter approaches; 

16 (2) there have been several reports of children 

17 freezing to death in various refugee settlements in Af18 ghanistan during the winter of 2011–12; 

19 (3) the Bureau of Population, Refugees, and Mi20 gration of the Department of State and the Special 

21 Representative for Afghanistan and Pakistan should 

22 jointly develop a comprehensive strategy to address 

23 the displacement and human suffering referred to in 

24 paragraphs (1) and (2), which shall include— 


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1 (A) an assessment of the capacity of the 

2 Government of Afghanistan— 

3 (i) to prevent, mitigate, and respond to 

4 forced displacement; and 

5 (ii) to provide durable solutions for in6 ternally displaced Afghans and Afghan refu7 gees; and 

8 (B) a coherent plan to strengthen the capac9 ity of the Government of Afghanistan to address 

10 the causes and consequences of displacement 

11 within Afghanistan. 

12 (b) EXTENSION OF AUTHORITY.—Section 1216 of the 

13 Ike Skelton National Defense Authorization Act for Fiscal 

14 Year 2011 (Public Law 111–383; 124 Stat. 4392), as 

15 amended by section 1216 of the National Defense Authoriza16 tion Act for Fiscal Year 2012 (Public Law 112–81; 125 

17 Stat. 1632), is further amended— 

18 (1) in subsection (a)— 

19 (A) by striking ‘‘$50,000,000’’ and inserting 

20 ‘‘$35,000,000’’; and 

21 (B) by striking ‘‘in each of fiscal years 2011 

22 and 2012’’ and inserting ‘‘for fiscal year 2013’’; 

23 and 

24 (2) in subsection (e)— 


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1 (A) by striking ‘‘utilize funds’’ and insert2 ing ‘‘obligate funds’’; and 

3 (B) by striking ‘‘December 31, 2012’’ and 

4 inserting ‘‘December 31, 2013’’. 

5 SEC. 1214. ONE-YEAR EXTENSION AND MODIFICATION OF 

6 AUTHORITY FOR PROGRAM TO DEVELOP AND 

7 CARRY OUT INFRASTRUCTURE PROJECTS IN 

8 AFGHANISTAN. 

9 Section 1217(f) of the Ike Skelton National Defense 

10 Authorization Act for Fiscal Year 2011 (Public Law 111– 

11 383; 124 Stat. 4393), as amended by section 1217(a) of the 

12 National Defense Authorization Act for Fiscal Year 2012 

13 (Public Law 112–81; 125 Stat. 1632), is further amended— 

14 (1) by striking paragraph (1) and inserting the 

15 following new paragraph (1): 

16 ‘‘(1) IN GENERAL.—Subject to paragraph (2), to 

17 carry out the program authorized under subsection 

18 (a), the Secretary of Defense may use amounts as fol19 lows: 

20 ‘‘(A) Up to $400,000,000 made available to 

21 the Department of Defense for operation and 

22 maintenance for fiscal year 2012. 

23 ‘‘(B) Up to $350,000,000 made available to 

24 the Department of Defense for operation and 

25 maintenance for fiscal year 2013.’’; 


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1 (2) in paragraph (2)— 

2 (A) by striking ‘‘85 percent’’ and inserting 

3 ‘‘50 percent’’; 

4 (B) by inserting ‘‘for a fiscal year after fis5 cal year 2011’’ after ‘‘in paragraph (1)’’; and 

6 (C) by striking ‘‘fiscal year 2012.’’ and in7 serting ‘‘such fiscal year, including for each 

8 project to be initiated during such fiscal year the 

9 following: 

10 ‘‘(A) An estimate of the financial and other 

11 requirements necessary to sustain such project on 

12 an annual basis after the completion of such 

13 project. 

14 ‘‘(B) An assessment whether the Government 

15 of Afghanistan is committed to and has the ca16 pacity to maintain and use such project after its 

17 completion. 

18 ‘‘(C) A description of any arrangements for 

19 the sustainment of such project following its com20 pletion if the Government of Afghanistan lacks 

21 the capacity (in either financial or human re22 sources) to maintain such project.’’; and 

23 (3) in paragraph (3), by adding at the end the 

24 following new subparagraph: 


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1 ‘‘(C) In the case of funds for fiscal year 

2 2013, until September 30, 2014.’’. 

3 SEC. 1215. EXTENSION OF PAKISTAN COUNTERINSURGENCY 

4 FUND. 

5 (a) EXTENSION.—Section 1224(h) of the National De6 fense Authorization Act for Fiscal Year 2010 (Public Law 

7 111–84; 123 Stat. 2521), as most recently amended by sec8 tion 1220(a) of the National Defense Authorization Act for 

9 Fiscal Year 2012 (Public Law 112–81; 125 Stat. 1633), is 

10 further amended by striking ‘‘September 30, 2012’’ each 

11 place it appears and inserting ‘‘September 30, 2013’’. 

12 (b) EXTENSION OF LIMITATION ON FUNDS PENDING

13 REPORT.—Section 1220(b)(1)(A) of the National Defense 

14 Authorization Act for Fiscal Year 2012 (125 Stat. 1633) 

15 is amended by striking ‘‘fiscal year 2013’’ and inserting 

16 ‘‘fiscal year 2013’’. 

17 SEC. 1216. EXTENSION AND MODIFICATION OF AUTHORITY 

18 FOR REIMBURSEMENT OF CERTAIN COALI19 TION NATIONS FOR SUPPORT PROVIDED TO 

20 UNITED STATES MILITARY OPERATIONS. 

21 (a) EXTENSION OF AUTHORITY.—Subsection (a) of sec22 tion 1233 of the National Defense Authorization Act for Fis23 cal Year 2008 (Public Law 110–181; 122 Stat. 393), as 

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1 fense Authorization Act for Fiscal Year 2012 (Public Law 

2 112–81; 125 Stat. 1630), is further amended— 

3 (1) by striking ‘‘for fiscal year 2012’’ and 

4 (2) by inserting ‘‘, during the period ending on 

5 September 30, 2013,’’ after ‘‘Secretary of Defense 

6 may’’. 

7 (b) LIMITATION ON AMOUNTS AVAILABLE.—Subsection 

8 (d) of such section, as so amended, is further amended— 

9 (1) by striking ‘‘during fiscal year 2012 may not 

10 exceed $1,690,000,000’’ and inserting ‘‘may not exceed 

11 $1,750,000,000 during fiscal year 2013, except that 

12 reimbursements made during fiscal year 2013 for 

13 support provided by Pakistan before May 1, 2011, 

14 using funds available for that purpose before fiscal 

15 year 2013 shall not count against this limitation’’; 

16 and 

17 (2) by adding at the end the following new para18 graph: 

19 ‘‘(3) PROHIBITION ON REIMBURSEMENT OF PAKI20 STAN FOR SUPPORT DURING PERIODS CLOSED TO

21 TRANSSHIPMENT.—Effective as of the date of the en22 actment of the National Defense Authorization Act for 

23 Fiscal Year 2013, funds (including funds from a 

24 prior fiscal year that remain available for obligation) 

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1 thority in subsection (a) for Pakistan for claims of 

2 support provided during any period when the ground 

3 lines of supply through Pakistan to Afghanistan were 

4 closed to the transshipment of equipment and supplies 

5 in support of United States military operations in 

6 Afghanistan.’’. 

7 (c) SUPPORTED OPERATIONS.—Such section is further 

8 amended in subsections (a)(1) and (b) by striking ‘‘Oper9 ation Iraqi Freedom or’’. 

10 (d) LIMITATION ON REIMBURSEMENT OF PAKISTAN IN

11 FISCAL YEAR 2013 PENDING CERTIFICATION ON PAKI12 STAN.— 

13 (1) IN GENERAL.—Effective as of the date of the 

14 enactment of this Act, no amounts authorized to be 

15 appropriated by this Act, and no amounts authorized 

16 to be appropriated for fiscal years before fiscal year 

17 2013 that remain available for obligation, may be 

18 used for reimbursements of Pakistan under the au19 thority in subsection (a) of section 1233 of the Na20 tional Defense Authorization Act for Fiscal Year 

21 2008, as so amended, until the Secretary of Defense 

22 certifies to the congressional defense committees each 

23 of the following: 

24 (A) That Pakistan has opened and is main25 taining security along the ground lines of supply 


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1 through Pakistan to Afghanistan for the trans2 shipment of equipment and supplies in support 

3 of United States military operations in Afghani4 stan. 

5 (B) That Pakistan is not providing support 

6 to militant extremists groups (including the 

7 Haqqani Network and the Afghan Taliban 

8 Quetta Shura) located in Pakistan and con9 ducting cross-border attacks against United 

10 States, coalition, or Afghanistan security forces, 

11 and is taking actions to prevent such groups 

12 from basing and operating in Pakistan. 

13 (C) That Pakistan is demonstrating a con14 tinuing commitment, and is making significant 

15 efforts toward the implementation of a strategy, 

16 to counter improvised explosive devices, includ17 ing efforts to attack improvised explosive device 

18 networks, monitor known precursors used in im19 provised explosive devices, and develop and im20 plement a strict protocol for the manufacture of 

21 explosive materials (including calcium ammo22 nium nitrate) and accessories and for their sup23 ply to legitimate end users. 

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1 forts, including by not detaining, prosecuting, or 

2 imprisoning citizens of Pakistan as a result of 

3 their cooperation with such efforts, including Dr. 

4 Shakil Afridi. 

5 (2) WAIVER AUTHORITY.—The Secretary may 

6 waive the limitation in paragraph (1) if the Sec7 retary certifies to the congressional defense committees 

8 in writing that the waiver is in the national security 

9 interests of the United States and includes with such 

10 certification a justification for the waiver. 

11 SEC. 1217. EXTENSION AND MODIFICATION OF LOGISTICAL 

12 SUPPORT FOR COALITION FORCES SUP13 PORTING CERTAIN UNITED STATES MILITARY 

14 OPERATIONS. 

15 (a) EXTENSION.—Section 1234 of the National Defense 

16 Authorization Act for Fiscal Year 2008 (Public Law 111– 

17 181; 122 Stat. 394), as most recently amended by section 

18 1211 of the National Defense Authorization Act for Fiscal 

19 Year 2012 (Public Law 112–81; 125 Stat. 1629)), is further 

20 amended by striking ‘‘fiscal year 2012’’ each place it ap21 pears and inserting ‘‘fiscal year 2013’’. 

22 (b) REPEAL OF AUTHORITY FOR USE OF FUNDS IN

23 CONNECTION WITH IRAQ.— 


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1 (1) IN GENERAL.—Subsection (a) of such section 

2 1234, as so amended, is further amended by striking 

3 ‘‘Iraq and’’. 

4 (2) CONFORMING AMENDMENT.—The heading of 

5 such section 1234 is amended by striking ‘‘IRAQ

6 AND’’. 

7 SEC. 1218. STRATEGY FOR SUPPORTING THE ACHIEVEMENT 

8 OF A SECURE PRESIDENTIAL ELECTION IN 

9 AFGHANISTAN IN 2014. 

10 (a) STRATEGY REQUIRED.—The Secretary of Defense 

11 shall, in consultation with the Secretary of State, develop 

12 a strategy to support the Government of Afghanistan in its 

13 efforts to achieve a secure presidential election in Afghani14 stan in 2014. 

15 (b) ELEMENTS.—The strategy shall include support to 

16 the Government of Afghanistan for the following: 

17 (1) The identification and training of an ade18 quate number of personnel within the current existing 

19 end strength of the Afghanistan National Security 

20 Forces (ANSF) for security of polling stations, elec21 tion materials, and protection of election workers and 

22 officials. 

23 (2) The recruitment and training of an adequate 

24 number of female personnel in the Afghanistan Na25 tional Security Forces to afford equitable access to 


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1 polls for women, secure polling stations, and secure 

2 locations for counting and storing election materials. 

3 (3) The securing of freedom of movement and 

4 communications for candidates before and during the 

5 election. 

6 (c) FUNDING RESOURCES.—In developing the strategy, 

7 the Secretary shall identify, from among funds currently 

8 available to the Department of Defense for activities in Af9 ghanistan, the funds required to execute the strategy. 

10 SEC. 1219. INDEPENDENT ASSESSMENT OF THE AFGHAN 

11 NATIONAL SECURITY FORCES. 

12 (a) INDEPENDENT ASSESSMENT REQUIRED.—The Sec13 retary of Defense shall provide for the conduct of an inde14 pendent assessment of the strength, force structure, force 

15 posture, and capabilities required to make the Afghan Na16 tional Security Forces (ANSF) capable of providing secu17 rity for their own country so as to prevent Afghanistan 

18 from ever again becoming a safe haven for terrorists that 

19 threaten Afghanistan, the region, and the world. 

20 (b) CONDUCT OF ASSESSMENT.—The assessment re21 quired by subsection (a) may, at the election of the Sec22 retary, be conducted by— 

23 (1) a Federally-funded research and development 

24 center (FFRDC); or 


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1 (2) an independent, non-governmental institute 

2 described in section 501(c)(3) of the Internal Revenue 

3 Code of 1986 and exempt from tax under section 

4 501(a) of such Code that has recognized credentials 

5 and expertise in national security and military af6 fairs appropriate for the assessment. 

7 (c) ELEMENTS.—The assessment required by sub8 section (a) shall include, but not be limited to, the following: 

9 (1) An assessment of the likely internal and re10 gional security environment for Afghanistan over the 

11 next decade, including challenges and threats to the 

12 security and sovereignty of Afghanistan from state 

13 and non-state actors. 

14 (2) An assessment of the strength, force structure, 

15 force posture, and capabilities required to make the 

16 Afghan National Security Forces capable of providing 

17 security for their own country so as to prevent Af18 ghanistan from ever again becoming a safe haven for 

19 terrorists that threaten Afghanistan, the region, and 

20 the world. 

21 (3) An assessment of any capability gaps in the 

22 Afghan National Security Forces that are likely to 

23 persist after 2014 and that will require continued 

24 support from the United States and its allies. 


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1 (4) An assessment whether current proposals for 

2 the resourcing of the Afghan National Security Forces 

3 after 2014 are adequate to establish and maintain 

4 long-term security for the Afghanistan people, and 

5 implications of the under-resourcing of the Afghan 

6 National Security Forces for United States national 

7 security interests. 

8 (d) REPORT.—Not later than one year after the date 

9 of the enactment of this Act, the entity selected for the con10 duct of the assessment required by subsection (a) shall pro11 vide to the Secretary and the congressional defense commit12 tees a report containing its findings as a result of the assess13 ment. The report shall be submitted in unclassified form, 

14 but may include a classified annex. 

15 (e) FUNDING.—Of the amounts authorized to be appro16 priated for fiscal year 2013 by section 301 and available 

17 for operation and maintenance for Defense-wide activities 

18 as specified in the funding table in section 4301, up to 

19 $1,000,000 shall be made available for the assessment re20 quired by subsection (a). 

21 (f) AFGHAN NATIONAL SECURITY FORCES.—For pur22 poses of this section, the Afghan National Security Forces 

23 shall include all forces under the authority of the Afghan 

24 Ministry of Defense and Afghan Ministry of Interior, in25 cluding the Afghan National Army, the Afghan National 


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1 Police, the Afghan Border Police, the Afghan National Civil 

2 Order Police, and the Afghan Local Police. 

3 SEC. 1220. REPORT ON AFGHANISTAN PEACE AND RE4 INTEGRATION PROGRAM. 

5 (a) REPORT REQUIRED.—Not later than 120 days 

6 after the date of the enactment of this Act, the Secretary 

7 of Defense shall, in consultation with the Secretary of State, 

8 submit to the appropriate committees of Congress a report 

9 on the Afghanistan Peace and Reintegration Program 

10 (APRP). 

11 (b) ELEMENTS.—The report required by subsection (a) 

12 shall include the following: 

13 (1) A description of the goals and objectives of 

14 the Afghanistan Peace and Reintegration Program. 

15 (2) A description of the structure of the Program 

16 at the national and sub-national levels in Afghani17 stan, including the number and types of vocational 

18 training and other education programs. 

19 (3) A description of the activities of the Program 

20 as of the date of the report. 

21 (4) A description and assessment of the proce22 dures for vetting individuals seeking to participate in 

23 the Program, including an assessment of the extent to 

24 which biometric identification systems are used and 


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1 the role of provincial peace councils in such proce2 dures. 

3 (5) The amount of funding provided by the 

4 United States, and by the international community, 

5 to support the Program, and the amount of funds so 

6 provided that have been distributed as of the date of 

7 the report. 

8 (6) An assessment of the individuals who have 

9 been reintegrated into the Program, set forth in terms 

10 as follows: 

11 (A) By geographic distribution by province. 

12 (B) By number of each of low-level insur13 gent fighters, mid-level commanders, and senior 

14 commanders. 

15 (C) By number confirmed to have been part 

16 of the insurgency. 

17 (D) By number who are currently members 

18 of the Afghan Local Police. 

19 (E) By number who are participating in or 

20 have completed vocational training or other edu21 cational programs as part of the Program. 

22 (7) A description and assessment of the proce23 dures for monitoring the individuals participating in 

24 the Program. 


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1 (8) A description and assessment of the role of 

2 women and minority populations in the implementa3 tion of the Program. 

4 (9) An assessment of the effectiveness of the ac5 tivities of the Program described under paragraph (3) 

6 in achieving the goals and objectives of the Program. 

7 (10) Such recommendations as the Secretary of 

8 Defense considers appropriate for improving the im9 plementation, oversight, and effectiveness of the Pro10 gram. 

11 (c) APPROPRIATE COMMITTEES OF CONGRESS DE12 FINED.—In this section, the term ‘‘appropriate committees 

13 of Congress’’ means— 

14 (1) the Committee on Armed Services, the Com15 mittee on Foreign Relations, and the Committee on 

16 Appropriations of the Senate; and 

17 (2) the Committee on Armed Services, the Com18 mittee on Foreign Affairs, and the Committee on Ap19 propriations of the House of Representatives. 

20 SEC. 1221. COMPLETION OF ACCELERATED TRANSITION OF 

21 UNITED STATES COMBAT AND MILITARY AND 

22 SECURITY OPERATIONS TO THE GOVERN23 MENT OF AFGHANISTAN. 

24 (a) SENSE OF CONGRESS.—It is the sense of Congress 

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1 ment of Afghanistan, North Atlantic Treaty Organization 

2 (NATO) member countries, and other allies in Afghanistan, 

3 seek to— 

4 (1) undertake all appropriate activities to ac5 complish the President’s stated goal of transitioning 

6 the lead responsibility for security to the Government 

7 of Afghanistan by mid-summer 2013; 

8 (2) as part of accomplishing this transition of 

9 the lead responsibility for security to the Government 

10 of Afghanistan, draw down United States troops to a 

11 level sufficient to meet this goal; 

12 (3) as previously announced by the President, 

13 continue to draw down United States troop levels at 

14 a steady pace through the end of 2014; and 

15 (4) end all regular combat operations by United 

16 States troops by not later than December 31, 2014, 

17 and take all possible steps to end such operations at 

18 the earliest date consistent with a safe and orderly 

19 draw down of United States troops in Afghanistan. 

20 (b) RULE OF CONSTRUCTION.—Nothing in this section 

21 shall be construed to recommend or support any limitation 

22 or prohibition on any authority of the President— 

23 (1) to modify the military strategy, tactics, and 

24 operations of United States Armed Forces as such 

25 Armed Forces redeploy from Afghanistan; 


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1 (2) to authorize United States forces in Afghani2 stan to defend themselves whenever they may be 

3 threatened; 

4 (3) to attack Al Qaeda forces wherever such 

5 forces are located; 

6 (4) to provide financial support and equipment 

7 to the Government of Afghanistan for the training 

8 and supply of Afghanistan military and security 

9 forces; or 

10 (5) to gather, provide, and share intelligence 

11 with United States allies operating in Afghanistan 

12 and Pakistan. 

13 SEC. 1222. SENSE OF CONGRESS COMMENDING THE ENDUR14 ING STRATEGIC PARTNERSHIP AGREEMENT 

15 BETWEEN THE UNITED STATES AND AFGHAN16 ISTAN. 

17 (a) FINDINGS.—Congress makes the following findings: 

18 (1) The United States and Afghanistan have 

19 been allies in the conflict against al Qaeda and its af20 filiates for over a decade, with the shared goal of en21 suring that Afghanistan is never again a sanctuary 

22 for al Qaeda. 

23 (2) The United States and Afghanistan are com24 mitted to the framework agreed to at the North Atlan25 tic Treaty Organization (NATO) Summit in Lisbon 


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1 in 2010, and reaffirmed at the NATO Summit in 

2 Chicago in 2012, for the transition from coalition 

3 forces to the Afghan National Security Forces of lead 

4 responsibility for security throughout Afghanistan by 

5 the end of 2014. 

6 (3) In June 2011, President Barack Obama said, 

7 ‘‘What we can do, and will do, is build a partnership 

8 with the Afghan people that endures—one that en9 sures that we will be able to continue targeting terror10 ists and supporting a sovereign Afghan government.’’ 

11 (4) In November 2011, a traditional loya jirga 

12 in Kabul declared that ‘‘strategic cooperation with the 

13 United States of America, which is a strategic ally of 

14 the people and government of Afghanistan, is consid15 ered important in order to ensure political, economic, 

16 and military security’’ and also stated, ‘‘Signing a 

17 strategic cooperation document with the United States 

18 conforms with the national interest of Afghanistan 

19 and is of significant importance.’’ 

20 (5) On May 2, 2012, President Obama and 

21 President Hamid Karzai signed the Enduring Stra22 tegic Partnership Agreement Between the United 

23 States of America and the Islamic Republic of Af24 ghanistan. 


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1 (6) At the signing of the Enduring Strategic 

2 Partnership Agreement, President Obama said, 

3 ‘‘Today we’re agreeing to be long-term partners in 

4 combating terrorism, and training Afghan security 

5 forces, strengthening democratic institutions and sup6 porting development, and protecting human rights of 

7 all Afghans. With this agreement, the Afghan people, 

8 and the world, should know that Afghanistan has a 

9 friend and a partner in the United States.’’ 

10 (7) At a May 20, 2012, bilateral meeting with 

11 President Karzai at the NATO Summit in Chicago, 

12 President Obama said that the Enduring Strategic 

13 Partnership Agreement ‘‘reflects a future in which 

14 two sovereign nations—the United States and Af15 ghanistan—are operating as partners, to the benefit 

16 of our countries’ citizens, but also for the benefit of 

17 peace and security and stability in the region and 

18 around the world’’. 

19 (8) President Karzai said at the May 20, 2012, 

20 bilateral meeting with President Obama, ‘‘Mr. Presi21 dent, the partnership that we signed a few weeks ago 

22 in Kabul has turned a new page in our relations. 

23 And the new page is a page of two sovereign countries 

24 working together for the mutual interests—peace and 

25 security and in all other areas.’’ 


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1 (9) On May 26, 2012, the Wolesi Jirga, the lower 

2 house of the Afghan parliament, approved the Agree3 ment by a vote of 191–7 with 2 abstentions. 

4 (10) On June 3, 2012, the Meshrano Jirga, the 

5 upper house of the Afghan parliament, approved the 

6 Agreement by a vote of 67–13. 

7 (11) On July 8, 2012, at the Tokyo Conference 

8 on Afghanistan, the international community and the 

9 Government of Afghanistan reaffirmed their partner10 ship in the economic growth and development of Af11 ghanistan through a process of mutual commitments 

12 and accountability. 

13 (12) On July 4, 2012, the Enduring Strategic 

14 Partnership Agreement entered into force. 

15 (b) SENSE OF CONGRESS.—It is the sense of Congress 

16 that— 

17 (1) the members of the United States Armed 

18 Forces, intelligence community, and diplomatic and 

19 development community of the United States are to be 

20 commended for their dedicated efforts and sacrifices 

21 in support of military and stability operations in Af22 ghanistan that have helped strengthen security in Af23 ghanistan, laid the foundation for transition to a 

24 long-term partnership between the United States and 

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1 ment and people of Afghanistan as they continue to 

2 build their capacity to effectively and justly govern; 

3 (2) the United States negotiating team for the 

4 Enduring Strategic Partnership Agreement, including 

5 the United States Embassy personnel in Kabul under 

6 the leadership of Ambassador Ryan Crocker, is to be 

7 commended for its committed diplomatic efforts; 

8 (3) the Governments of the United States and Af9 ghanistan are to be commended for concluding the 

10 Enduring Strategic Partnership Agreement; 

11 (4) Congress supports the objectives and prin12 ciples of the Enduring Strategic Partnership Agree13 ment, including protecting and promoting shared 

14 democratic values, advancing long-term security, re15 inforcing regional security and cooperation, fostering 

16 social and economic development, upholding the rights 

17 of women and minorities, and strengthening institu18 tions and governance in Afghanistan; 

19 (5) it is essential that the Government and peo20 ple of Afghanistan fulfill Afghanistan’s international 

21 commitments as agreed at the Tokyo Conference of 

22 July 2012, the Bonn Conference of December 2011, 

23 the Kabul Conference of July 2011, and other venues 

24 to combat corruption, protect the equal rights of all 

25 citizens of Afghanistan and enforce the rule of law, 


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1 hold free and fair elections in 2014, and build inclu2 sive and effective institutions of democratic govern3 ance; 

4 (6) a key national security interest of the United 

5 States is to maintain a long-term political, economic, 

6 and military relationship with Afghanistan, includ7 ing a limited presence of United States Armed Forces 

8 for the purpose of training, advising, and supporting 

9 Afghan National Security Forces and cooperating on 

10 shared counterterrorism objectives; 

11 (7) the negotiation and conclusion of a Bilateral 

12 Security Agreement, as called for in the Enduring 

13 Strategic Partnership Agreement, will provide a fun14 damental framework for the long-term security rela15 tionship between the United States and Afghanistan; 

16 and 

17 (8) Congress has a critical role in continuing to 

18 provide the support and assistance necessary to 

19 achieve the goals of the Enduring Strategic Partner20 ship Agreement. 

21 SEC. 1223. CONGRESSIONAL REVIEW OF BILATERAL SECU22 RITY AGREEMENT WITH AFGHANISTAN. 

23 (a) FINDINGS.—Congress makes the following findings: 

24 (1) The Authorization for the Use of Military 

25 Force (Public Law 107–40; 115 Stat. 224) authorizes 


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1 the President to use all necessary and appropriate 

2 force against those nations, organizations, or persons 

3 the President determines planned, authorized, com4 mitted, or aided the terrorist attacks that occurred on 

5 September 11, 2001, or harbored such organizations 

6 or persons, in order to prevent any future acts of 

7 international terrorism against the United States by 

8 such nations, organizations, or persons. 

9 (2) President Barack Obama and Secretary of 

10 Defense Leon Panetta have stated that the United 

11 States continues to fight in Afghanistan to defeat the 

12 al Qaeda threat and the Taliban, which harbored al 

13 Qaeda in Afghanistan, where the attacks of September 

14 11, 2001, were planned and where the attackers re15 ceived training. 

16 (3) On May 1, 2012, the United States entered 

17 into the ‘‘Enduring Strategic Partnership Agreement 

18 Between the United States of America and the Is19 lamic Republic of Afghanistan’’, which establishes an 

20 enduring strategic partnership between the United 

21 States and the Islamic Republic of Afghanistan. 

22 (4) The Agreement reaffirms the presence and 

23 operations of United States Armed Forces in Afghani24 stan, and establishes long-term commitments between 

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1 ment of United States forces and political and finan2 cial support to the Government of Afghanistan. 

3 (5) The Agreement also commits the United 

4 States to establishing a long-term Bilateral Security 

5 Agreement, with the goal of concluding a Bilateral 

6 Security Agreement within one year to supersede the 

7 present Status of Forces agreements with the Islamic 

8 Republic of Afghanistan. 

9 (6) Congress was not consulted regarding the 

10 framework or substance of the Agreement. 

11 (7) In the past, Congress has been consulted, 

12 and, in some cases, has provided its advice and con13 sent to ratification of such agreements, including 

14 those where the use of force was not authorized nor re15 quired in the country. 

16 (b) NOTIFICATION REQUIREMENT.—Not later than 30 

17 days before entering into any Bilateral Security Agreement 

18 or other agreement with the Islamic Republic of Afghani19 stan that will affect the Status of Forces agreements and 

20 long-term commitments between the United States and the 

21 Islamic Republic of Afghanistan, the President shall submit 

22 the agreement to the appropriate congressional committees 

23 for review. If the President fails to comply with such re24 quirement, 50 percent of the unobligated balance of the 


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1 amounts appropriated or otherwise made available for the 

2 Executive Office of the President shall be withheld. 

3 (c) APPROPRIATE CONGRESSIONAL COMMITTEES DE4 FINED.—In this section, the term ‘‘appropriate congres5 sional committees’’ means— 

6 (1) the Committee on Armed Services and the 

7 Committee on Foreign Relations of the Senate; and 

8 (2) the Committee on Armed Services and the 

9 Committee on Foreign Affairs of the House of Rep10 resentatives. 

11 SEC. 1224. AUTHORITY TO TRANSFER DEFENSE ARTICLES 

12 AND PROVIDE DEFENSE SERVICES TO THE 

13 MILITARY AND SECURITY FORCES OF AF14 GHANISTAN AND CERTAIN OTHER COUN15 TRIES. 

16 (a) NONEXCESS ARTICLES AND RELATED SERVICES.— 

17 The Secretary of Defense may, with the concurrence of the 

18 Secretary of State, transfer nonexcess defense articles from 

19 the stocks of the Department of Defense, without reimburse20 ment from the government of the recipient country, and 

21 provide defense services in connection with the transfer of 

22 such defense articles, as follows: 

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1 store and maintain peace and security in that coun2 try. 

3 (2) To the military and security forces of Yemen 

4 to support the efforts of those forces to conduct 

5 counterterrorism operations and counter al Qaeda in 

6 the Arabian Peninsula. 

7 (3) To the military and security forces of Soma8 lia and other countries in the East Africa region to 

9 support the efforts of those forces to conduct counter10 terrorism and postconflict stability operations in So11 malia. 

12 (b) LIMITATIONS.— 

13 (1) VALUE.—The aggregate replacement value of 

14 all defense articles transferred and defense services 

15 provided in connection with such defense articles 

16 under subsection (a) in any fiscal year may not ex17 ceed $250,000,000. 

18 (2) SOURCE OF TRANSFERRED ARTICLES.—The 

19 authority under subsection (a) may only be used for 

20 defense articles that— 

21 (A) were present in Afghanistan as of the 

22 date of the enactment of this Act; 

23 (B) immediately before transfer were in use 

24 to support operations in Afghanistan; and 


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1 (C) are no longer required by United States 

2 forces in Afghanistan. 

3 (c) APPLICABLE LAW.—Any defense articles trans4 ferred or defense services provided under the authority of 

5 subsection (a) shall be subject to the authorities and limita6 tions applicable to excess defense articles under section 516 

7 of the Foreign Assistance Act of 1961 (22 U.S.C. 2321j), 

8 other than the authorities and limitations in subsections 

9 (b)(1)(B), (e), (f), and (g) of such section. 

10 (d) REPORT REQUIRED BEFORE EXERCISE OF AU11 THORITY.— 

12 (1) IN GENERAL.—The Secretary of Defense may 

13 not exercise the authority under subsection (a) until 

14 15 days after the Secretary submits to the appro15 priate committees of Congress a report on the equip16 ment and other property of the Department of Defense 

17 in Afghanistan. 

18 (2) ELEMENTS.—The report required under 

19 paragraph (1) shall include the following: 

20 (A) A description of the process for 

21 inventorying equipment and property, including 

22 defense articles, in Afghanistan owned by the De23 partment of Defense, including equipment and 

24 property owned by the Department and under 

25 the control of contractors in Afghanistan. 


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1 (B) An estimate of the types and quantities 

2 of equipment and property of the Department of 

3 Defense, including defense articles, anticipated to 

4 be withdrawn from Afghanistan in connection 

5 with the drawdown of United States military 

6 forces from Afghanistan between the date of the 

7 enactment of this Act and December 31, 2014, 

8 including equipment and property owned by the 

9 Department and under the control of contractors 

10 in Afghanistan. 

11 (e) NOTICE ON EXERCISE OF AUTHORITY.— 

12 (1) IN GENERAL.—The Secretary of Defense may 

13 not transfer defense articles or provide defense services 

14 under subsection (a) until 15 days after the date on 

15 which the Secretary of Defense, with the concurrence 

16 of the Secretary of State, submits to the appropriate 

17 committees of Congress notice of the proposed transfer 

18 of defense articles and provision of defense services. 

19 (2) ELEMENTS.—A notice under paragraph (1) 

20 shall include the following: 

21 (A) A description of the amount and types 

22 of defense articles to be transferred and defense 

23 services to be provided. 


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1 (B) A statement describing the current 

2 value of the defense articles to be transferred and 

3 the estimated replacement value of such articles. 

4 (C) An identification of the element of the 

5 military or security force that is the proposed re6 cipient of the defense articles to be transferred 

7 and defense service to be provided. 

8 (D) An identification of the military de9 partment from which the defense articles to be 

10 transferred are to be drawn. 

11 (E) An assessment of the impact, if any, of 

12 the transfer of defense articles on the readiness of 

13 units from which the defense articles are to be 

14 transferred, and the plan, if any, for mitigating 

15 such impact or reimbursing the military depart16 ment of such units for such defense articles. 

17 (F) An assessment of the ability of the re18 cipient government to sustain the costs associated 

19 with receiving, possessing, and using the defense 

20 articles to be transferred. 

21 (G) A determination and certification by 

22 the Secretary of Defense that— 

23 (i) the proposed transfer of the defense 

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1 tion with such transfer is in the national 

2 interest of the United States; 

3 (ii) for the transfer of defense articles 

4 under the authority in subsection (a)(1), 

5 such defense articles are required by the 

6 military and security forces of Afghanistan 

7 to build their capacity to restore and main8 tain peace and security in that country; 

9 (iii) for the transfer of defense articles 

10 and provision of defense services under the 

11 authority in subsection (a)(2), the transfer 

12 of such defense articles and provision of 

13 such defense services will contribute signifi14 cantly to building key capacities of the 

15 military and security forces of Yemen re16 quired to conduct counterterrorism oper17 ations and counter al Qaeda in the Arabian 

18 Peninsula; and 

19 (iv) for the transfer of defense articles 

20 and provision of defense services under the 

21 authority in subsection (a)(3), the transfer 

22 of such defense articles and provision of 

23 such defense services will contribute signifi24 cantly to building key capabilities of the 

25 military and security forces of the recipient 


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1 country to conduct counterterrorism and 

2 postconflict stability operations in Somalia. 

3 (f) QUARTERLY REPORTS.— 

4 (1) IN GENERAL.—Not later than 90 days after 

5 the date of the first transfer of defense articles and 

6 provision of defense services under the authority in 

7 subsection (a), and at the end of each calendar quar8 ter, if any, thereafter through March 31, 2015, in 

9 which the authority in subsection (a) is exercised, the 

10 Secretary of Defense shall submit to the appropriate 

11 committees of Congress a report on the implementa12 tion of the authority in subsection (a). Each report 

13 shall include the replacement value of the defense arti14 cles transferred pursuant to subsection (a), both in the 

15 aggregate and by military department, and defense 

16 services provided to recipient countries, during the 

17 90-day period ending on the date of such report. 

18 (2) INCLUSION IN OTHER REPORT.—A report re19 quired under paragraph (1) may be included in the 

20 report required under section 9204 of the Supple21 mental Appropriations Act, 2008 (Public Law 110– 

22 252; 122 Stat. 2410) or any follow on report to such 

23 other report. 

24 (g) DEFINITIONS.—In this section: 


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1 (1) APPROPRIATE COMMITTEES OF CONGRESS.— 

2 The term ‘‘appropriate committees of Congress’’ 

3 means— 

4 (A) the Committee on Armed Services, the 

5 Committee on Foreign Relations, and the Com6 mittee on Appropriations of the Senate; and 

7 (B) the Committee on Armed Services, the 

8 Committee on Foreign Affairs, and the Com9 mittee on Appropriations of the House of Rep10 resentatives. 

11 (2) DEFENSE ARTICLES.—The term ‘‘defense ar12 ticles’’ has the meaning given the term in section 

13 644(d) of the Foreign Assistance Act of 1961 (22 

14 U.S.C. 2403(d)). 

15 (3) DEFENSE SERVICES.—The term ‘‘defense 

16 services’’ has the meaning given the term in section 

17 644(f) of the Foreign Assistance Act of 1961 (22 

18 U.S.C. 2403(f)). 

19 (4) MILITARY AND SECURITY FORCES.—The term 

20 ‘‘military and security forces’’ means national ar21 mies, national air forces, national navies, national 

22 guard forces, police forces, and border security forces, 

23 but does not include nongovernmental or irregular 

24 forces (such as private militias). 


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1 (5) EAST AFRICA REGION.—The term ‘‘East Afri2 ca region’’ means Burundi, Djibouti, Ethiopia, 

3 Kenya, Somalia, and Uganda. 

4 (h) EXPIRATION.—The authority provided in sub5 section (a) may not be exercised after December 31, 2014. 

6 (i) EXCESS DEFENSE ARTICLES.— 

7 (1) ADDITIONAL AUTHORITY.—The authority 

8 provided by subsection (a) is in addition to the au9 thority provided by section 516 of the Foreign Assist10 ance Act of 1961. 

11 (2) EXEMPTIONS.—(A) During fiscal years 2013 

12 and 2014, the value of excess defense articles trans13 ferred from the stocks of the Department of Defense in 

14 Afghanistan to Afghanistan, Yemen, Somalia, or 

15 other countries in the East Africa region pursuant to 

16 section 516 of the Foreign Assistance Act of 1961 

17 shall not be counted against the limitation on the ag18 gregate value of excess defense articles transferred con19 tained in subsection (g) of such section. 

20 (B) During fiscal years 2013 and 2014, any ex21 cess defense articles specified in subparagraph (A) 

22 shall not be subject to the authorities and limitations 

23 applicable to excess defense articles under section 516 

24 of the Foreign Assistance Act of 1961 contained in 

25 subsections (b)(1)(B) and (e) of such section. 


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1 (3) CONSTRUCTION EQUIPMENT.—Notwith2 standing section 644(g) of the Foreign Assistance Act 

3 of 1961 (22 U.S.C. 2403(g)) and section 2562 of title 

4 10, United States Code, construction equipment from 

5 the stocks of the Department of Defense in Afghani6 stan may be transferred as excess defense articles 

7 under section 516 of the Foreign Assistance Act of 

8 1961 and subject to the provisions of this subsection. 

9 Subtitle C—Reports 

10 SEC. 1231. REVIEW AND REPORTS ON DEPARTMENT OF DE11 FENSE EFFORTS TO BUILD THE CAPACITY OF 

12 AND PARTNER WITH FOREIGN SECURITY 

13 FORCES. 

14 (a) REVIEW.— 

15 (1) IN GENERAL.—Not later than 180 days after 

16 the date of the enactment of this Act, the Defense Pol17 icy Board shall conduct a review of the efforts of the 

18 Department of Defense to build the capacity of, or 

19 partner with, foreign security forces in support of na20 tional defense and security strategies. 

21 (2) ELEMENTS.—The review required by this 

22 subsection shall include the following: 

23 (A) An examination of the ways in which 

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1 rectly support implementation of current na2 tional defense and security strategies. 

3 (B) An assessment of the range of effects 

4 that efforts of the Department to build the capac5 ity of, or partner with, foreign security forces are 

6 designed to achieve in support of current na7 tional defense and security strategies. 

8 (C) An assessment of the criteria used for 

9 prioritizing such efforts in support of national 

10 defense and security strategies. 

11 (D) An identification of the authorities the 

12 Department currently uses to implement such ef13 forts, together with an assessment of the ade14 quacy of such authorities. 

15 (E) An assessment of the capabilities re16 quired by the Department to implement such ef17 forts. 

18 (F) An assessment of the most effective dis19 tribution of the roles and responsibilities for such 

20 efforts within the Department, together with an 

21 assessment whether the Department military and 

22 civilian workforce is appropriately sized and 

23 shaped to meet the requirements of such efforts. 

24 (G) An evaluation of current measures of 

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1 partment designed to build the capacity of, or 

2 partner with, foreign security forces, including 

3 an assessment whether such measures address the 

4 extent to which such activities directly support 

5 the priorities of national defense and security 

6 strategies. 

7 (H) An identification of recommendations 

8 for clarifying or improving the guidance and as9 sessment measures of the Department relating to 

10 its efforts to build the capacity of, or partner 

11 with, foreign security forces in support of na12 tional defense and security strategies. 

13 (3) REPORT.—Not later than 90 days after the 

14 completion of the review required by this subsection, 

15 the Secretary of Defense shall submit to the congres16 sional defense committees a report containing the re17 sult of the review. 

18 (b) STRATEGIC GUIDANCE ON DEPARTMENT OF DE19 FENSE EFFORTS TO BUILD PARTNER CAPACITY AND

20 OTHER PARTNERSHIP INITIATIVES.—Not later than 120 

21 days after the completion of the review required by sub22 section (a), the Secretary of Defense shall, in coordination 

23 with the Chairman of the Joint Chiefs of Staff, submit to 

24 the congressional defense committees a report setting forth 

25 the following: 


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1 (1) An assessment, taking into account the rec2 ommendations of the Defense Policy Board in the re3 view required by subsection (a), of the efforts of the 

4 Department of Defense to build the capacity of, and 

5 partner with, foreign military forces in support of 

6 national defense and security strategies. 

7 (2) Strategic guidance for the Department for its 

8 efforts to build the capacity of, and partner with, for9 eign military forces in support of national defense 

10 and security strategies, which guidance shall ad11 dress— 

12 (A) the ways such efforts directly support 

13 the goals and objectives of national defense and 

14 security strategies; 

15 (B) the criteria to be used for prioritizing 

16 activities to implement such efforts in support of 

17 national defense and security strategies; 

18 (C) the measures to be used to assess the ef19 fects achieved by such efforts and the extent to 

20 which such effects support the objectives of na21 tional defense and security strategies; 

22 (D) the appropriate roles and responsibil23 ities of the Armed Forces, the Defense Agencies, 

24 and other components of the Department in con25 ducting such efforts; and 


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1 (E) the relationship of Department work2 force planning with the requirements for such ef3 forts. 

4 SEC. 1232. ADDITIONAL ELEMENTS IN ANNUAL REPORT ON 

5 MILITARY AND SECURITY DEVELOPMENTS IN6 VOLVING THE PEOPLE’S REPUBLIC OF CHINA. 

7 Section 1202 of the National Defense Authorization 

8 Act for Fiscal Year 2000 (10 U.S.C. 113 note) is amended— 

9 (1) in subsection (b)— 

10 (A) by amending paragraph (9) to read as 

11 follows: 

12 ‘‘(9) Developments in China’s asymmetric capa13 bilities, including efforts to develop and deploy 

14 cyberwarfare and electronic warfare capabilities, and 

15 associated activities originating or suspected of origi16 nating from China. This discussion of these develop17 ments shall include— 

18 ‘‘(A) the nature of China’s cyber activities 

19 directed against the Department of Defense and 

20 an assessment of the damage inflicted on the De21 partment of Defense by reason thereof, and the 

22 potential harms; 

23 ‘‘(B) a description of China’s strategy for 

24 use and potential targets of offensive 

25 cyberwarfare and electronic warfare capabilities; 


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1 ‘‘(C) details on the number of malicious 

2 cyber incidents emanating from Internet Pro3 tocol addresses in China, including a comparison 

4 of the number of incidents during the reporting 

5 period to previous years; and 

6 ‘‘(D) details regarding the specific People’s 

7 Liberation Army; state security; research and 

8 academic; state-owned, associated, or other com9 mercial enterprises; and other relevant actors in10 volved in supporting or conducting cyberwarfare 

11 and electronic warfare activities and capabili12 ties.’’; 

13 (B) by redesignating paragraphs (10), (11), 

14 and (12) as paragraphs (15), (16), and (17) re15 spectively; 

16 (C) by inserting after paragraph (9) the fol17 lowing new paragraphs: 

18 ‘‘(10) The strategy and capabilities of Chinese 

19 space programs, including trends, global and regional 

20 activities, the involvement of military and civilian 

21 organizations, including state-owned enterprises, aca22 demic institutions, and commercial entities, and ef23 forts to develop, acquire, or gain access to advanced 

24 technologies that would enhance Chinese military ca25 pabilities. 


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1 ‘‘(11) Developments in China’s nuclear capabili2 ties, which shall include the following: 

3 ‘‘(A) The size and state of China’s nuclear 

4 stockpile. 

5 ‘‘(B) A description of China’s nuclear strat6 egy and associated doctrines. 

7 ‘‘(C) A description of the quantity, range, 

8 payload features, and location of China’s nuclear 

9 missiles and the quantity and operational status 

10 of their associated launchers or platforms. 

11 ‘‘(D) An analysis of China’s efforts to use 

12 electromagnetic pulse. 

13 ‘‘(E) Projections of possible future Chinese 

14 nuclear arsenals, their capabilities, and associ15 ated doctrines. 

16 ‘‘(F) A description of China’s fissile mate17 rial stockpile and civil and military production 

18 capabilities and capacities. 

19 ‘‘(G) A discussion of any significant uncer20 tainties or knowledge gaps surrounding China’s 

21 nuclear weapons program and the potential im22 plications of any such knowledge gaps for the se23 curity of the United States and its allies. 

24 ‘‘(12) A description of China’s anti-access and 

25 area denial capabilities. 


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1 ‘‘(13) A description of China’s command, con2 trol, communications, computers, intelligence, surveil3 lance, and reconnaissance modernization program 

4 and its applications for China’s precision guided 

5 weapons. 

6 ‘‘(14) A description of China’s maritime activi7 ties, including— 

8 ‘‘(A) China’s response to Freedom of Navi9 gation activities conducted by the Department of 

10 Defense; 

11 ‘‘(B) an account of each time People’s Lib12 eration Army Navy vessels have transited outside 

13 the First Island Chain, including the type of ves14 sels that were involved; and 

15 ‘‘(C) the role of China’s maritime law en16 forcement vessels in maritime incidents, includ17 ing details regarding any collaboration between 

18 China’s law enforcement vessels and the People’s 

19 Liberation Army Navy.’’; and 

20 (D) by adding after paragraph (17), as re21 designated by subparagraph (B), the following 

22 new paragraphs: 

23 ‘‘(18) A description of Chinese military-to-mili24 tary relationships with other countries, including the 

25 size and activity of military attache offices around 


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1 the world and military education programs conducted 

2 in China for other countries or in other countries for 

3 the Chinese. 

4 ‘‘(19) A description of any significant sale or 

5 transfer of military hardware, expertise, and tech6 nology to or from the People’s Republic of China, in7 cluding a forecast of possible future sales and trans8 fers, and a description of the implications of those 

9 sales and transfers for the security of the United 

10 States and its friends and allies in Asia. The infor11 mation under this paragraph shall include— 

12 ‘‘(A) the extent of the People’s Republic of 

13 China’s knowledge, cooperation, or condoning of 

14 sales or transfers of military hardware, expertise, 

15 or technology to receiving states; 

16 ‘‘(B) the extent in each selling state of gov17 ernment knowledge, cooperation, or condoning of 

18 sales or transfers of military hardware, expertise, 

19 or technology to the People’s Republic of China; 

20 ‘‘(C) an itemization of significant sales and 

21 transfers of military hardware, expertise, or tech22 nology that have taken place during the report23 ing period; 

24 ‘‘(D) significant assistance by any selling 

25 state to key research and development programs 


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1 in China, including programs for development of 

2 weapons of mass destruction and delivery vehi3 cles for such weapons, programs for development 

4 of advanced conventional weapons, and pro5 grams for development of unconventional weap6 ons; 

7 ‘‘(E) significant assistance by the People’s 

8 Republic of China to the research and develop9 ment programs of purchasing or receiving states, 

10 including programs for development of weapons 

11 of mass destruction and delivery vehicles for such 

12 weapons, programs for development of advanced 

13 conventional weapons, and programs for develop14 ment of unconventional weapons; 

15 ‘‘(F) the extent to which arms sales to or 

16 from the People’s Republic of China are a source 

17 of funds for military research and development 

18 or procurement programs in China or the selling 

19 state; 

20 ‘‘(G) a discussion of the ability of the Peo21 ple’s Liberation Army to assimilate such sales or 

22 transfers, mass produce new equipment, and de23 velop doctrine for use; and 

24 ‘‘(H) a discussion of the potential threat of 

25 developments related to such sales on the security 


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1 interests of the United States and its friends and 

2 allies in Asia.’’; and 

3 (2) by amending subsection (d) to read as fol4 lows: 

5 ‘‘(d) COMBATANT COMMANDER ASSESSMENT.—The re6 port required under subsection (a) shall include an annex, 

7 in classified or unclassified form, that includes an assess8 ment of the Commander of the United States Pacific Com9 mand on the following matters: 

10 ‘‘(1) Any gaps in intelligence that limit the abil11 ity of the Commander to address challenges posed by 

12 the People’s Republic of China. 

13 ‘‘(2) Any gaps in the capabilities, capacity, and 

14 authorities of the Commander to address challenges 

15 posed by the People’s Republic of China to the United 

16 States Armed Forces and United States interests in 

17 the region. 

18 ‘‘(3) Any other matters the Commander considers 

19 to be relevant.’’. 

20 SEC. 1233. REPORT ON IMPLEMENTATION BY GOVERNMENT 

21 OF BAHRAIN OF RECOMMENDATIONS IN RE22 PORT OF THE BAHRAIN INDEPENDENT COM23 MISSION OF INQUIRY. 

24 (a) IN GENERAL.—Not later than 90 days after the 

25 date of the enactment of this Act, the Secretary of State 


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1 shall submit to the Committee on Foreign Relations of the 

2 Senate and the Committee on Foreign Affairs of the House 

3 of Representatives a report on the implementation by the 

4 Government of Bahrain of the recommendations contained 

5 in the Report of the Bahrain Independent Commission of 

6 Inquiry. 

7 (b) CONTENT.—The report required under subsection 

8 (a) shall include the following elements: 

9 (1) A description of the specific steps taken by 

10 the Government of Bahrain to implement each of the 

11 26 recommendations contained in the Report of the 

12 Bahrain Independent Commission of Inquiry. 

13 (2) An assessment of whether each recommenda14 tion has been fully complied with by the Government 

15 of Bahrain. 

16 (3) An assessment of the impact of the findings 

17 of the Report of the Bahrain Independent Commission 

18 of Inquiry on progress toward democracy and respect 

19 for human rights in Bahrain. 

20 SEC. 1234. REPORTS ON SYRIA. 

21 (a) REPORT ON OPPOSITION GROUPS.— 

22 (1) IN GENERAL.—Not later than 90 days after 

23 the date of the enactment of this Act, the Director of 

24 National Intelligence and Secretary of State shall 

25 submit to Congress a report describing in detail all 


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1 the known opposition groups, both independent and 

2 state-sponsored, inside and outside of Syria, oper3 ating directly or indirectly to oppose the Government 

4 of Syria. 

5 (2) CONTENT.—The report required under para6 graph (1) shall include the following elements: 

7 (A) An assessment of the current military 

8 capacity of opposition forces. 

9 (B) An assessment of the ability of opposi10 tion forces inside and outside of Syria to estab11 lish military and political activities impacting 

12 Syria, together with a practicable timetable for 

13 accomplishing these objectives. 

14 (C) An assessment of the ability of any of 

15 the opposition groups to establish effective mili16 tary and political control in Syria. 

17 (D) A description of the composition and 

18 political agenda of each of the known opposition 

19 groups inside and outside of Syria, and an as20 sessment of the degree to which such groups rep21 resent the views of the people of Syria as a 

22 whole. 

23 (E) A description of the financial resources 

24 currently available to opposition groups and 

25 known potential sources of continued financing. 


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1 (F) An assessment of the relationship be2 tween each of the Syrian opposition groups and 

3 the Muslim Brotherhood, al Qaeda, Hezbollah, 

4 Hamas, and any other groups that have pro5 moted an agenda that would negatively impact 

6 United States national interests. 

7 (G) An assessment of the impact of support 

8 from the United States and challenges to pro9 viding such additional support to opposition 

10 forces on the factors discussed in subparagraphs 

11 (A) through (F). 

12 (b) REPORT ON WEAPONS STOCKPILES.— 

13 (1) IN GENERAL.—Not later than 90 days after 

14 the date of the enactment of this Act, the Director of 

15 National Intelligence and Secretary of Defense shall 

16 submit to Congress an assessment of the size and secu17 rity of conventional and non-conventional weapons 

18 stockpiles in Syria. 

19 (2) CONTENT.—The report required under para20 graph (1) shall include the following elements: 

21 (A) A description of who has or may have 

22 access to the stockpiles. 

23 (B) A description of the sources and types 

24 of weapons flowing from outside Syria to both 

25 government and opposition forces. 


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1 (C) A description of U.S. and international 

2 efforts to prevent the proliferation of conven3 tional, biological, chemical, and other types of 

4 weapons in Syria. 

5 (c) REPORT ON CURRENT ACTIVITIES AND FUTURE

6 PLANS TO PROVIDE ASSISTANCE TO SYRIA’S POLITICAL

7 OPPOSITION.— 

8 (1) IN GENERAL.—Not later than 90 days after 

9 the date of the enactment of this Act, the Secretary of 

10 State shall submit to Congress a report on all the sup11 port provided to opposition political forces in Syria. 

12 (2) CONTENT.—The report required under para13 graph (1) shall include the following elements: 

14 (A) A full description of the current tech15 nical assistance democracy programs conducted 

16 by the Department of State and United States 

17 Agency for International Development to support 

18 the political opposition in Syria. 

19 (B) A full summary of the communications 

20 equipment that is currently being provided to the 

21 political opposition in Syria, including a de22 scription of the entities that have received and 

23 that will continue to receive such equipment. 


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1 (C) A description of any additional activi2 ties the United States plans to undertake in sup3 port of the political opposition in Syria. 

4 (D) A description of the funding levels cur5 rently dedicated to support the political opposi6 tion in Syria. 

7 (E) A description of obstacles and chal8 lenges to providing additional support to Syria’s 

9 political opposition. 

10 (d) FORM.—The reports required by this section may 

11 be submitted in a classified form. 

12 SEC. 1235. REPORT ON MILITARY ACTIVITIES TO DENY OR 

13 SIGNIFICANTLY DEGRADE THE USE OF AIR 

14 POWER AGAINST CIVILIAN AND OPPOSITION 

15 GROUPS IN SYRIA. 

16 (a) REPORT REQUIRED.—Not later than 90 days after 

17 the date of the enactment of this Act, the Secretary of De18 fense shall, in consultation with the Chairman of the Joint 

19 Chiefs of Staff, submit to the congressional defense commit20 tees a report identifying the limited military activities that 

21 could deny or significantly degrade the ability of President 

22 Bashar al-Assad of Syria, and forces loyal to him, to use 

23 air power against civilians and opposition groups in Syria. 

24 (b) NATURE OF MILITARY ACTIVITIES.— 


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1 (1) PRINCIPAL PURPOSE.—The principal pur2 pose of the military activities identified for purposes 

3 of the report required by subsection (a) shall be to ad4 vance the goals of President Obama of stopping the 

5 killing of civilians in Syria and creating conditions 

6 for a transition to a democratic, pluralistic political 

7 system in Syria. 

8 (2) ADDITIONAL GOALS.—The military activities 

9 identified for purposes of the report shall also meet 

10 the goals as follows: 

11 (A) That the United States Armed Forces 

12 conduct such activities with foreign allies or 

13 partners. 

14 (B) That United States ground troops not 

15 be deployed onto Syrian territory. 

16 (C) That the risk to civilians on the ground 

17 in Syria be limited. 

18 (D) That the risks to United States mili19 tary personnel be limited. 

20 (E) That the financial costs to the United 

21 States be limited. 

22 (c) ELEMENTS ON POTENTIAL MILITARY ACTIVI23 TIES.—The report required by subsection (a) shall include 

24 a comprehensive description, evaluation, and assessment of 


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1 the potential effectiveness of the following military activi2 ties, as required by subsection (a): 

3 (1) The deployment of air defense systems, such 

4 as Patriot missile batteries, to neighboring countries 

5 for the purpose of denying or significantly degrading 

6 the operational capability of Syria aircraft. 

7 (2) The establishment of one or more no-fly zones 

8 over key population centers in Syria. 

9 (3) Limited air strikes to destroy or significantly 

10 degrade Syria aircraft. 

11 (4) Such other military activities as the Sec12 retary considers appropriate to achieve the goals stat13 ed in subsection (b). 

14 (d) ELEMENTS IN DESCRIPTION OF POTENTIAL MILI15 TARY ACTIVITIES.—For each military activity that the Sec16 retary identifies in subsection (c), the comprehensive de17 scription of such activities under that subsection shall in18 clude, but not be limited to, the type and the number of 

19 United States military personnel and assets to be involved 

20 in such activities, the anticipated duration of such activi21 ties, and the anticipated cost of such activities. The report 

22 shall also identify what elements would be required to maxi23 mize the effectiveness of such military activities. 


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1 (e) NO AUTHORIZATION FOR USE OF MILITARY

2 FORCE.—Nothing in this section shall be construed as a 

3 declaration of war or an authorization for the use of force. 

4 (f) The report required in subsection (a) shall be deliv5 ered in classified form. 

6 Subtitle D—Other Matters 

7 SEC. 1241. IMPROVED ADMINISTRATION OF THE AMERICAN, 

8 BRITISH, CANADIAN, AND AUSTRALIAN AR9 MIES’ PROGRAM. 

10 (a) AUTHORITY.— 

11 (1) IN GENERAL.—Chapter 6 of title 10, United 

12 States Code, is amended by adding at the end the fol13 lowing new section: 

14 ‘‘§ 168a. American, British, Canadian, and Australian 

15 Armies’ Program: administration; agree16 ments with other participating countries 

17 ‘‘(a) AUTHORITY.—As part of the participation by the 

18 United States in the land-force program known as the 

19 American, British, Canadian, and Australian Armies’ Pro20 gram (in this section referred to as the ‘Program’), the Sec21 retary of Defense may, with the concurrence of the Secretary 

22 of State, enter into agreements with the other participating 

23 countries in accordance with this section, and the Program 

24 shall be managed pursuant to a joint agreement among the 

25 participating countries. 


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1 ‘‘(b) PARTICIPATING COUNTRIES.—In addition to the 

2 United States, the countries participating in the Program 

3 are the following: 

4 ‘‘(1) Australia. 

5 ‘‘(2) Canada. 

6 ‘‘(3) New Zealand. 

7 ‘‘(4) The United Kingdom. 

8 ‘‘(c) CONTRIBUTIONS BY PARTICIPANTS.—(1) An 

9 agreement under subsection (a) shall provide that each par10 ticipating country shall contribute to the Program— 

11 ‘‘(A) its equitable share of the full cost for the 

12 Program, including the full cost of overhead and ad13 ministrative costs related to the Program; and 

14 ‘‘(B) any amount allocated to it in accordance 

15 with the agreement for the cost for monetary claims 

16 asserted against any participating country as a result 

17 of participation in the Program. 

18 ‘‘(2) Such an agreement shall also provide that each 

19 participating country (including the United States) may 

20 provide its contribution for its equitable share under the 

21 agreement in funds, in personal property, or in services re22 quired for the Program (or in any combination thereof). 

23 ‘‘(3) Any contribution by the United States to the Pro24 gram that is provided in funds shall be made from funds 


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1 available to the Department of Defense for operation and 

2 maintenance. 

3 ‘‘(4) Any contribution received by the United States 

4 from another participating country to meet that country’s 

5 share of the costs of the Program shall be credited to appro6 priations available to the Department of Defense, as deter7 mined by the Secretary of Defense. The amount of a con8 tribution credited to an appropriation account in connec9 tion with the Program shall be available only for payment 

10 of the share of the Program expenses allocated to the partici11 pating country making the contribution. Amounts so cred12 ited shall be available for the following purposes: 

13 ‘‘(A) Payments to contractors and other sup14 pliers (including the Department of Defense and par15 ticipating countries acting as suppliers) for necessary 

16 goods and services of the Program. 

17 ‘‘(B) Payments for any damages and costs re18 sulting from the performance or cancellation of any 

19 contract or other obligation in support of the Pro20 gram. 

21 ‘‘(C) Payments for any monetary claim against 

22 a participating country as a result of the participa23 tion of that country in the Program. 

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1 tive costs for any administrative office for the Pro2 gram. 

3 ‘‘(E) Refunds to other participating countries. 

4 ‘‘(5) Costs for the operation of any office established 

5 to carry out the Program shall be borne jointly by the par6 ticipating countries as provided for in an agreement re7 ferred to in subsection (a). 

8 ‘‘(d) AUTHORITY TO CONTRACT FOR PROGRAM ACTIVI9 TIES.—As part of the participation by the United States 

10 in the Program, the Secretary of Defense may enter into 

11 contracts or incur other obligations on behalf of the other 

12 participating countries for activities under the Program. 

13 Any payment for such a contract or other obligation under 

14 this subsection may be paid only from contributions cred15 ited to an appropriation under subsection (c)(4). 

16 ‘‘(e) DISPOSAL OF PROPERTY.—As part of the partici17 pation by the United States in the Program, the Secretary 

18 of Defense may, with respect to any property that is jointly 

19 acquired by the countries participating in the Program, 

20 agree to the disposal of the property without regard to any 

21 law of the United States that is otherwise applicable to the 

22 disposal of property owned by the United States. Such dis23 posal may include the transfer of the interest of the United 

24 States in the property to one or more of the other partici25 pating countries or the sale of the property. Reimbursement 


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1 for the value of the property disposed of (including the value 

2 of the interest of the United States in the property) shall 

3 be made in accordance with an agreement under subsection 

4 (a). 

5 ‘‘(f) SUNSET.—Any agreement entered into by the 

6 United States with another country under subsection (a), 

7 and United States participation in the joint agreement de8 scribed in that subsection, shall expire not later than five 

9 years after the date of the enactment of the National Defense 

10 Authorization Act for Fiscal Year 2013.’’. 

11 (2) CLERICAL AMENDMENT.—The table of sec12 tions at the beginning of chapter 6 of such title is 

13 amended by adding at the end the following new item: 

‘‘168a. American, British, Canadian, and Australian Armies’ Program: administration; agreements with other participating countries.’’. 

14 (b) REPORT.—Not later than 60 days before the expi15 ration date for agreements under subsection (a) of section 

16 168a of title 10, United States Code (as added by subsection 

17 (a) of this section), pursuant to subsection (f) of such sec18 tion, the Secretary of Defense shall submit to the Commit19 tees on Armed Services of the Senate and the House of Rep20 resentatives a report on the activities, costs, and accom21 plishments of the American, British, Canadian, and Aus22 tralian Armies’ Program during the five-year period ending 

23 on the date of such report. 


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1 SEC. 1242. UNITED STATES PARTICIPATION IN HEAD2 QUARTERS EUROCORPS. 

3 (a) PARTICIPATION AUTHORIZED.—The Secretary of 

4 Defense may, with the concurrence of the Secretary of State, 

5 authorize the participation of members of the Armed Forces 

6 as members of the staff of Headquarters Eurocorps for the 

7 purpose of supporting the North Atlantic Treaty Organiza8 tion (NATO) activities of the NATO Rapid Deployable 

9 Corps Eurocorps. 

10 (b) MEMORANDUM OF UNDERSTANDING.— 

11 (1) REQUIREMENT.—The participation of mem12 bers of the Armed Forces as members of the staff of 

13 Headquarters Eurocorps shall be in accordance with 

14 the terms of one or more memoranda of under15 standing entered into by the Secretary of Defense, 

16 with the concurrence of the Secretary of State, and 

17 Headquarters Eurocorps. 

18 (2) COST-SHARING ARRANGEMENTS.—If Depart19 ment of Defense facilities, equipment, or funds are 

20 used to support Headquarters Eurocorps, the memo21 randa of understanding under paragraph (1) shall 

22 provide details of any cost-sharing arrangement or 

23 other funding arrangement. 

24 (c) LIMITATION ON NUMBER OF MEMBERS PARTICI25 PATING AS STAFF.—Not more than two members of the 

26 Armed Forces may participate as members of the staff of 


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1 Headquarters Eurocorps, until the Secretary of Defense sub2 mits to the Committees on Armed Services of the Senate 

3 and the House of Representatives a report setting forth the 

4 following: 

5 (1) A certification by the Secretary of Defense 

6 that the participation of more than two members of 

7 the Armed Forces in Headquarters Eurocorps is in 

8 the national interests of the United States. 

9 (2) A description of the benefits of the participa10 tion of the additional members proposed by the Sec11 retary. 

12 (3) A description of the plans for the participa13 tion of the additional members proposed by the Sec14 retary, including the grades and posts to be filled. 

15 (4) A description of the costs associated with the 

16 participation of the additional members proposed by 

17 the Secretary. 

18 (d) AVAILABILITY OF APPROPRIATED FUNDS.— 

19 (1) AVAILABILITY.—Funds appropriated to the 

20 Department of Defense for operation and mainte21 nance are available as follows: 

22 (A) To pay the United States’ share of the 

23 operating expenses of Headquarters Eurocorps. 

24 (B) To pay the costs of the participation of 

25 members of the Armed Forces participating as 


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1 members of the staff of Headquarters Eurocorps, 

2 including the costs of expenses of such partici3 pants. 

4 (2) LIMITATION.—No funds may be used under 

5 this section to fund the pay or salaries of members of 

6 the Armed Forces who participate as members of the 

7 staff of the Headquarters, North Atlantic Treaty Or8 ganization (NATO) Rapid Deployable Corps under 

9 this section. 

10 (e) HEADQUARTERS EUROCORPS DEFINED.—In this 

11 section, the term ‘‘Headquarters Eurocorps’’ refers to the 

12 multinational military headquarters, established on October 

13 1, 1993, which is one of the High Readiness Forces (Land) 

14 associated with the Allied Rapid Reaction Corps of NATO. 

15 SEC. 1243. DEPARTMENT OF DEFENSE PARTICIPATION IN 

16 EUROPEAN PROGRAM ON MULTILATERAL EX17 CHANGE OF AIR TRANSPORTATION AND AIR 

18 REFUELING SERVICES. 

19 (a) PARTICIPATION AUTHORIZED.— 

20 (1) IN GENERAL.—The Secretary of Defense may, 

21 with the concurrence of the Secretary of State, author22 ize the participation of the United States in the Air 

23 Transport, Air-to-Air Refueling and other Exchanges 

24 of Services program (in this section referred to as the 


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1 ‘‘ATARES program’’) of the Movement Coordination 

2 Centre Europe. 

3 (2) SCOPE OF PARTICIPATION.—Participation in 

4 the ATARES program under paragraph (1) shall be 

5 limited to the reciprocal exchange or transfer of air 

6 transportation and air refueling services on a reim7 bursable basis or by replacement-in-kind or the ex8 change of air transportation or air refueling services 

9 of an equal value. 

10 (3) LIMITATIONS.—The United States’ balance of 

11 executed flight hours, whether as credits or debits, in 

12 participation in the ATARES program under para13 graph (1) may not exceed 500 hours. The United 

14 States’ balanced of executed flight hours for air refuel15 ing in the ATARES program under paragraph (1) 

16 may not exceed 200 hours. 

17 (b) WRITTEN ARRANGEMENT OR AGREEMENT.— 

18 (1) ARRANGEMENT OR AGREEMENT REQUIRED.— 

19 The participation of the United States in the 

20 ATARES program under subsection (a) shall be in 

21 accordance with a written arrangement or agreement 

22 entered into by the Secretary of Defense, with the con23 currence of the Secretary of State, and the Movement 

24 Coordination Centre Europe. 


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1 (2) FUNDING ARRANGEMENTS.—If Department of 

2 Defense facilities, equipment, or funds are used to 

3 support the ATARES program, the written arrange4 ment or agreement under paragraph (1) shall specify 

5 the details of any equitable cost sharing or other fund6 ing arrangement. 

7 (3) OTHER ELEMENTS.—Any written arrange8 ment or agreement entered into under paragraph (1) 

9 shall require that any accrued credits and liabilities 

10 resulting from an unequal exchange or transfer of air 

11 transportation or air refueling services shall be liq12 uidated, not less than once every five years, through 

13 the ATARES program. 

14 (c) IMPLEMENTATION.—In carrying out any written 

15 arrangement or agreement entered into under subsection 

16 (b), the Secretary of Defense may— 

17 (1) pay the United States’ equitable share of the 

18 operating expenses of the Movement Coordination 

19 Centre Europe and the ATARES consortium from 

20 funds available to the Department of Defense for oper21 ation and maintenance; and 

22 (2) assign members of the Armed Forces or De23 partment of Defense civilian personnel, from among 

24 members and personnel within billets authorized for 

25 the United States European Command, to duty at the 


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1 Movement Coordination Centre Europe as necessary 

2 to fulfill the United States’ obligations under that ar3 rangement or agreement. 

4 (d) CREDITING OF RECEIPTS.—Any amount received 

5 by the United States in carrying out a written arrangement 

6 or agreement entered into under subsection (b) shall be cred7 ited, as elected by the Secretary of Defense, to the following: 

8 (1) The appropriation, fund, or account used in 

9 incurring the obligation for which such amount is re10 ceived. 

11 (2) An appropriation, fund, or account currently 

12 available for the purposes for which such obligation 

13 was made. 

14 (e) ANNUAL SECRETARY OF DEFENSE REPORTS.—Not 

15 later than 30 days after the end of each fiscal year in which 

16 the authority provided by this section is in effect, the Sec17 retary of Defense shall submit to Congress a report on 

18 United States participation in the ATARES program dur19 ing such fiscal year. Each report shall include the following: 

20 (1) The United States balance of executed flight 

21 hours at the end of the fiscal year covered by such re22 port. 

23 (2) The types of services exchanged or transferred 

24 during the fiscal year covered by such report. 


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1 (3) A description of any United States costs 

2 under the written arrangement or agreement under 

3 subsection (b)(1) in connection with the use of De4 partment of Defense facilities, equipment, or funds to 

5 support the ATARES program under that subsection 

6 as provided by subsection (b)(2). 

7 (4) A description of the United States’ equitable 

8 share of the operating expenses of the Movement Co9 ordination Centre Europe and the ATARES consor10 tium paid under subsection (c)(1). 

11 (5) A description of any amounts received by the 

12 United States in carrying out a written arrangement 

13 or agreement entered into under subsection (b). 

14 (f) COMPTROLLER GENERAL OF UNITED STATES RE15 PORT.—Not later than one year after the date of the enact16 ment of this Act, the Comptroller General of the United 

17 States shall submit to the congressional defense committees 

18 a report on the ATARES program. The report shall set 

19 forth the assessment of the Comptroller General of the pro20 gram, including the types of services available under the 

21 program, whether the program is achieving its intended 

22 purposes, and, on the basis of actual cost data from the per23 formance of the program, the cost-effectiveness of the pro24 gram. 


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1 (g) EXPIRATION.—The authority provided by this sec2 tion to participate in the ATARES program shall expire 

3 five years after the date on which the Secretary of Defense 

4 first enters into a written arrangement or agreement under 

5 subsection (b). The Secretary shall publish notice of such 

6 date on a public website of the Department of Defense. 

7 SEC. 1244. AUTHORITY TO ESTABLISH PROGRAM TO PRO8 VIDE ASSISTANCE TO FOREIGN CIVILIANS 

9 FOR HARM INCIDENT TO COMBAT OPER10 ATIONS OF THE ARMED FORCES IN FOREIGN 

11 COUNTRIES. 

12 (a) AUTHORITY TO ESTABLISH PROGRAM.—The Sec13 retary of Defense may establish a program, under such reg14 ulations as the Secretary may prescribe, to enable military 

15 commanders at their discretion to provide assistance to for16 eign civilians for damage, personal injury, or death that 

17 is incident to combat operations of the Armed Forces in 

18 a foreign country. 

19 (b) ELEMENTS.— 

20 (1) NATURE OF ASSISTANCE.—Any assistance 

21 provided under a program under subsection (a) may 

22 be provided only ex gratia, and shall not be consid23 ered an admission or acknowledgment of any legal ob24 ligation to compensate for any damage, personal in25 jury, or death. 


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1 (2) TREATMENT WITH OTHER COMPENSATION.— 

2 In the event compensation for damage, personal in3 jury, or death covered by this section is received 

4 through a separate program operated by the United 

5 States Government, receipt of compensation in such 

6 amount should be considered by the commander or 

7 legal advisor determining appropriate assistance 

8 under a program under subsection (a). 

9 (3) AMOUNT OF ASSISTANCE.—If the Secretary of 

10 Defense determines a program under subsection (a) to 

11 be fitting in a particular setting, the amount of as12 sistance, if any, to be provided to civilians deter13 mined to have suffered harm incident to combat oper14 ations of the Armed Forces under the program should 

15 be determined pursuant to regulations prescribed by 

16 the Secretary and based on an assessment of cultural 

17 appropriateness and prevailing economic conditions. 

18 (c) RECORDS.— 

19 (1) IN GENERAL.—The regulations prescribed by 

20 the Secretary of Defense for purposes of any program 

21 under subsection (a) shall include requirements as fol22 lows: 

23 (A) That local military commanders main24 tain a written record of any assistance offered or 

25 denied under such program. 


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1 (B) That local military commanders submit 

2 on a timely basis a report summarizing such 

3 written records to the appropriate office in the 

4 Department of Defense as specified by the Sec5 retary in such regulations. 

6 SEC. 1245. SUSTAINABILITY REQUIREMENTS FOR CERTAIN 

7 CAPITAL PROJECTS IN CONNECTION WITH 

8 OVERSEAS CONTINGENCY OPERATIONS. 

9 (a) LIMITATION.— 

10 (1) IN GENERAL.—Commencing 60 days after 

11 the date of the enactment of this Act— 

12 (A) amounts authorized to be appropriated 

13 for the Department of Defense may not be obli14 gated or expended for a capital project described 

15 in subsection (b) unless the Secretary of Defense, 

16 in consultation with the United States com17 mander of military operations in the country in 

18 which the project will be carried out, completes 

19 an assessment on the necessity and sustainability 

20 of the project; 

21 (B) amounts authorized to be appropriated 

22 for the Department of State may not be obligated 

23 or expended for a capital project described in 

24 subsection (b) unless the Secretary of State, in 

25 consultation with the Chief of Mission in the 


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1 country in which the project will be carried out, 

2 completes an assessment on the necessity and 

3 sustainability of the project; and 

4 (C) amounts authorized to be appropriated 

5 for the United States Agency for International 

6 Development may not be obligated or expended 

7 for a capital project described in subsection (b) 

8 unless the Administrator of the United States 

9 Agency for International Development, in con10 sultation with the Mission Director and the 

11 Chief of Mission in the country in which the 

12 project will be carried out, completes an assess13 ment on the necessity and sustainability of the 

14 project. 

15 (2) ELEMENTS.—Each assessment on a capital 

16 project under this subsection shall include, but not be 

17 limited to, the following: 

18 (A) An estimate of the total cost of the com19 pleted project to the United States. 

20 (B) An estimate of the financial and other 

21 requirements necessary for the host government 

22 to sustain the project on an annual basis after 

23 completion of the project. 

24 (C) An assessment whether the host govern25 ment has the capacity (in both financial and 


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1 human resources) to maintain and use the 

2 project after completion. 

3 (D) A description of any arrangements for 

4 the sustainment of the project following its com5 pletion if the host government lacks the capacity 

6 (in financial or human resources) to maintain 

7 the project. 

8 (E) An assessment whether the host govern9 ment has requested or expressed its need for the 

10 project, and an explanation of the decision to 

11 proceed with the project absent such request or 

12 need. 

13 (F) An assessment by the Secretary of De14 fense, where applicable, of the effect of the project 

15 on the military mission of the United States in 

16 the country concerned 

17 (b) COVERED CAPITAL PROJECTS.— 

18 (1) IN GENERAL.—Except as provided in para19 graph (2), a capital project described in this sub20 section is any capital project overseas for an overseas 

21 contingency operation for the benefit of a host country 

22 and funded by the Department of Defense, the Depart23 ment of State, or the United States Agency for Inter24 national Development, as applicable, if the capital 

25 project— 


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1 (A) in the case of a project that directly 

2 supports building the capacity of indigenous se3 curity forces in the host country, has an esti4 mated value in excess of $10,000,000; 

5 (B) in the case of any project not covered 

6 by subparagraph (A) that is to be funded by the 

7 Department of State or the United States Agency 

8 for International Development, has an estimated 

9 value in excess of $5,000,000; or 

10 (C) in the case of any other project, has an 

11 estimated value in excess of $2,000,000. 

12 (2) EXCLUSION.—A capital project described in 

13 this subsection does not include any project for mili14 tary construction (as that term is defined in section 

15 114(b) of title 10, United States Code) or a military 

16 family housing project under section 2821 of such 

17 title. 

18 (c) WAIVER.—The Secretary of Defense, the Secretary 

19 of State, or the Administrator of the United States Agency 

20 for International Development, as applicable, may waive 

21 the limitation in subsection (a) in order to initiate a cap22 ital project if such Secretary or the Administrator, as the 

23 case may be, determines that the project is in the national 

24 security, diplomatic, or humanitarian interests of the 

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1 section (d) after any waiver under this subsection, such Sec2 retary or the Administrator shall include a detailed jus3 tification of such waiver. Not later than 45 days after 

4 issuing a waiver under this subsection, such Secretary or 

5 the Administrator shall submit to Congress the assessment 

6 described in subsection (a) with respect to the capital 

7 project concerned. 

8 (d) SEMI-ANNUAL REPORTS.— 

9 (1) IN GENERAL.—Not later than 30 days after 

10 the end of each fiscal-year half-year the Secretary of 

11 Defense, the Secretary of State, and the Adminis12 trator of the United States Agency for International 

13 Development shall each submit to the appropriate 

14 committees of Congress a report setting forth each as15 sessment conducted under subsection (a) by such Sec16 retary or the Administrator, as the case may be, dur17 ing such fiscal-year half-year, including the elements 

18 of each capital project assessed specified in subsection 

19 (a)(2). 

20 (2) ADDITIONAL ELEMENTS.—In addition to the 

21 matters provided for in paragraph (1), each report 

22 under that paragraph shall include the following: 

23 (A) For each capital project covered by such 

24 report, an evaluation (other than by amount of 


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1 funds expended) of the effectiveness of such 

2 project, including, at a minimum, the following: 

3 (i) The stated goals of the project. 

4 (ii) The actions taken to assess and 

5 verify whether the project has met the stated 

6 goals of the project or is on track to meet 

7 such goals when completed. 

8 (iii) The current and anticipated levels 

9 of involvement of local governments, com10 munities, and individuals in the project. 

11 (B) For each country or region in which a 

12 capital project covered by such report is being 

13 carried out, an assessment of the following: 

14 (i) The current and anticipated effects 

15 of violence in the country or region on all 

16 the projects in the country or region covered 

17 by such report. 

18 (ii) The current and anticipated levels 

19 of corruption or fraud in the country or re20 gion in the connection with all the projects 

21 in the country or region covered by such re22 port, and the current and anticipated risks 

23 of corruption or fraud in connection with 

24 such projects. 


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1 (3) FORM.—Each report shall be submitted in 

2 unclassified form, but may include a classified annex. 

3 (e) DEFINITIONS.—In this section: 

4 (1) The term ‘‘appropriate committees of Con5 gress’’ means— 

6 (A) the Committee on Armed Services, the 

7 Committee on Foreign Relations, the Committee 

8 on Homeland Security and Governmental Af9 fairs, and the Committee on Appropriations of 

10 the Senate; and 

11 (B) the Committee on Armed Services, the 

12 Committee on Foreign Affairs, the Committee on 

13 Oversight and Government Reform, and the 

14 Committee on Appropriations of the House of 

15 Representatives. 

16 (2) The term ‘‘capital project’’ has the meaning 

17 given that term in section 308 of the Aid, Trade, and 

18 Competitiveness Act of 1992 (22 U.S.C. 2421e). 

19 (3) The term ‘‘overseas contingency operation’’ 

20 means a military operation outside the United States 

21 and its territories and possessions that is a contin22 gency operation (as that term is defined in section 

23 101(a)(13) of title 10, United States Code). 


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1 SEC. 1246. EFFORTS TO REMOVE JOSEPH KONY FROM 

2 POWER AND END ATROCITIES COMMITTED BY 

3 THE LORD’S RESISTANCE ARMY. 

4 Consistent with the Lord’s Resistance Army Disar5 mament and Northern Uganda Recovery Act of 2009 (Pub6 lic Law 111–172), it is the sense of the Senate that— 

7 (1) the ongoing United States advise and assist 

8 operation to support the regional governments in Af9 rica in their ongoing efforts to apprehend or remove 

10 Joseph Kony and his top commanders from the battle11 field and end atrocities perpetuated by his Lord’s Re12 sistance Army should continue; 

13 (2) using amounts authorized to be appropriated 

14 by section 301 and specified in the funding table in 

15 section 4301 for Operation and Maintenance, Defense16 wide for ‘‘Additional ISR Support to Operation Ob17 servant Compass’’, the Secretary of Defense should 

18 provide increased intelligence, surveillance, and re19 connaissance assets to support the ongoing efforts of 

20 United States Special Operations Forces to advise 

21 and assist regional partners as they conduct oper22 ations against the Lord’s Resistance Army in Central 

23 Africa; 

24 (3) United States and regional African forces 

25 should increase their operational coordination; and 


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1 (4) the regional governments should recommit 

2 themselves to the operations sanctioned by the African 

3 Union Peace and Security Council resolution. 

4 SEC. 1247. IMPOSITION OF SANCTIONS WITH RESPECT TO 

5 SUPPORT FOR THE REBEL GROUP KNOWN AS 

6 M23. 

7 (a) BLOCKING OF ASSETS.—The Secretary of the 

8 Treasury shall, pursuant to the International Emergency 

9 Economic Powers Act (50 U.S.C. 1701 et seq.) or Executive 

10 Order 13413 (74 Fed. Reg. 64105; relating to blocking prop11 erty of certain persons contributing to the conflict in the 

12 Democratic Republic of the Congo), block and prohibit all 

13 transactions in all property and interests in property of 

14 a person described in subsection (c) if such property and 

15 interests in property are in the United States, come within 

16 the United States, or are or come within the possession or 

17 control of a United States person. 

18 (b) VISA BAN.—The Secretary of State shall deny a 

19 visa to, and the Secretary of Homeland Security shall ex20 clude from the United States, any alien who is a person 

21 described in subsection (c). 

22 (c) PERSONS DESCRIBED.—A person described in this 

23 subsection is a person that the President determines pro24 vides, on or after the date of the enactment of this Act, sigVerDate Mar 15 2010 01:32 Dec 07, 2012 Jkt 029200 PO 00000 Frm 00728 Fmt 6652 Sfmt 6203 E:\SENENR\H4310.PP H4310

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1 nificant financial, material, or technological support to 

2 M23. 

3 (d) WAIVER.—The President may waive the applica4 tion of this section with respect to a person if the President 

5 determines and reports to the appropriate congressional 

6 committees that the waiver is in the national interest of 

7 the United States. 

8 (e) TERMINATION OF SANCTIONS.—The President may 

9 terminate sanctions imposed under this section with respect 

10 to a person on and after the date on which the President 

11 determines and reports to the appropriate congressional 

12 committees that the person has terminated the provision of 

13 significant financial, material, and technological support 

14 to M23. 

15 (f) TERMINATION OF SECTION.—This section shall ter16 minate on the date on which the President determines that 

17 M23 is no longer a significant threat to peace and security 

18 in the Democratic Republic of the Congo. 

19 (g) DEFINITIONS.—In this section: 

20 (1) APPROPRIATE CONGRESSIONAL COMMIT21 TEES.—The term ‘‘appropriate congressional commit22 tees’’ means— 

23 (A) the Committee on Banking, Housing, 

24 and Urban Affairs and the Committee on For25 eign Relations of the Senate; and 


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1 (B) the Committee on Financial Services 

2 and the Committee on Foreign Affairs of the 

3 House of Representatives. 

4 (2) M23.—The term ‘‘M23’’ refers to the rebel 

5 group known as M23 operating in the Democratic Re6 public of the Congo that derives its name from the 

7 March 23, 2009, agreement between the Government 

8 of the Democratic Republic of the Congo and the Na9 tional Congress for the Defense of the People (or any 

10 successor group). 

11 (3) UNITED STATES PERSON.—The term ‘‘United 

12 States person’’ means— 

13 (A) an individual who is a United States 

14 citizen or an alien lawfully admitted for perma15 nent residence to the United States; or 

16 (B) an entity organized under the laws of 

17 the United States or of any jurisdiction within 

18 the United States. 

19 SEC. 1248. PROGRAM ON REPAIR, OVERHAUL, AND REFUR20 BISHMENT OF DEFENSE ARTICLES FOR SALE 

21 OR TRANSFER TO ELIGIBLE FOREIGN COUN22 TRIES AND ENTITIES. 

23 (a) PROGRAM AUTHORIZED.—The Secretary of De24 fense may carry out a program to repair, overhaul, or re25 furbish in-stock defense articles in anticipation of the sale 


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1 or transfer of such defense articles to eligible foreign coun2 tries or international organizations under law. 

3 (b) FUND FOR SUPPORT OF PROGRAM AUTHORIZED.— 

4 The Secretary of Defense may establish and administer a 

5 fund to be known as the ‘‘Special Defense Repair Fund’’ 

6 (in this section referred to as the ‘‘Fund’’) to support the 

7 program authorized by subsection (a). 

8 (c) CREDITS TO FUND.— 

9 (1) IN GENERAL.—Subject to paragraphs (2) and 

10 (3), the following shall be credited to the Fund: 

11 (A) Subject to applicable provisions of ap12 propriations Acts, such amounts, not to exceed 

13 $48,400,000 per fiscal year, from amounts au14 thorized to be appropriated for the Department 

15 of Defense for operation and maintenance for the 

16 Army as the Secretary of Defense considers ap17 propriate. 

18 (B) Notwithstanding section 114(c) of title 

19 10, United States Code, any collection from the 

20 sale or transfer of defense articles from Depart21 ment of Defense stocks repaired, overhauled, or 

22 refurbished with amounts from the Fund that 

23 are not intended to be replaced which sale or 

24 transfer is made pursuant to section 21(a)(1)(A) 

25 of the Arms Export Control Act (22 U.S.C. 


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1 2761(a)(1)(A)), the Foreign Assistance Act of 

2 1961 (22 U.S.C. 2151 et seq.), or another provi3 sion of law. 

4 (C) Notwithstanding section 37(a) of the 

5 Arms Export Control Act (22 U.S.C. 2777(a)), 

6 any cash payment from the sale or transfer of 

7 defense articles from Department of Defense 

8 stocks repaired, overhauled, or refurbished with 

9 amounts from the Fund that are intended to be 

10 replaced. 

11 (2) LIMITATION ON AMOUNTS CREDITABLE FROM

12 SALE OR TRANSFER OF ARTICLES.— 

13 (A) CREDITS IN CONNECTION WITH ARTI14 CLES NOT TO BE REPLACED.—The amount cred15 ited to the Fund under paragraph (1)(B) in con16 nection with a collection from the sale or transfer 

17 of defense articles may not exceed the cost in18 curred by the Department of Defense in repair19 ing, overhauling, or refurbishing such defense ar20 ticles under the program authorized by sub21 section (a). 

22 (B) CREDITS IN CONNECTION WITH ARTI23 CLES TO BE REPLACED.—The amount credited to 

24 the Fund under paragraph (1)(C) in connection 

25 with a sale or transfer of defense articles may 


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1 not exceed the amounts from the Fund used to 

2 repair, overhaul, or refurbish such defense arti3 cles. 

4 (3) LIMITATION ON SIZE OF FUND.—The total 

5 amount in the Fund at any time may not exceed 

6 $50,000,000. 

7 (4) TREATMENT OF AMOUNTS CREDITED.— 

8 Amounts credited to the Fund under this subsection 

9 shall be merged with amounts in the Fund, and shall 

10 remain available until expended. 

11 (d) NONAVAILABILITY OF AMOUNTS IN FUND FOR

12 STORAGE, MAINTENANCE, AND RELATED COSTS.—Fol13 lowing the repair, overhaul, or refurbishment of defense ar14 ticles under the program authorized by subsection (a), 

15 amounts in the Fund may not be used to pay costs of stor16 age and maintenance of such defense articles or any other 

17 costs associated with the preservation or preparation for 

18 sale or transfer of such defense articles. 

19 (e) SALES OR TRANSFERS OF DEFENSE ARTICLES.— 

20 (1) IN GENERAL.—Any sale or transfer of defense 

21 articles repaired, overhauled, or refurbished under the 

22 program authorized by subsection (a) shall be in ac23 cordance with— 

24 (A) the Arms Export Control Act (22 

25 U.S.C. 2751 et seq.); 


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1 (B) the Foreign Assistance Act of 1961; or 

2 (C) another provision of law authorizing 

3 such sale or transfer. 

4 (2) SECRETARY OF STATE CONCURRENCE RE5 QUIRED FOR CERTAIN SALES OR TRANSFERS TO FOR6 EIGN COUNTRIES.—If the sale or transfer of defense 

7 articles occurs in accordance with a provision of law 

8 referred to in paragraph (1)(C) that does not other9 wise require the concurrence of the Secretary of State 

10 for the sale or transfer, the sale or transfer may be 

11 made only with the concurrence of the Secretary of 

12 State. 

13 (f) TRANSFERS OF AMOUNTS.— 

14 (1) TRANSFER TO OTHER DEPARTMENT OF DE15 FENSE ACCOUNTS.—Amounts in the Fund may be 

16 transferred to any Department of Defense account 

17 used to carry out the program authorized by sub18 section (a). Any amount so transferred shall be 

19 merged with amounts in the account to which trans20 ferred, and shall be available for the same purposes 

21 and the same time period as amounts in the account 

22 to which transferred. 

23 (2) TRANSFER FROM OTHER DEPARTMENT OF

24 DEFENSE ACCOUNTS.—Upon a determination by the 

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1 ferred under paragraph (1) that all or part of such 

2 transfer is not necessary for the purposes transferred, 

3 such amount may be transferred back to the Fund. 

4 Any amount so transferred shall be merged with 

5 amounts in the Fund, and shall remain available 

6 until expended. 

7 (g) CERTAIN EXCESS PROCEEDS TO BE CREDITED TO

8 SPECIAL DEFENSE ACQUISITION FUND.—Any collection 

9 from the sale or transfer of defense articles that are not in10 tended to be replaced in excess of the amount creditable to 

11 the Fund under subsection (c)(2)(A) shall be credited to the 

12 Special Defense Acquisition Fund established pursuant to 

13 chapter 5 of the Arms Export Control Act (22 U.S.C. 2795 

14 et seq.). 

15 (h) REPORTS.— 

16 (1) ANNUAL REPORT.—Not later than 45 days 

17 after the end of each fiscal year through the date of 

18 expiration specified in subsection (j), the Secretary of 

19 Defense shall submit to the congressional defense com20 mittees a report on the authorities under this section 

21 during such fiscal year. Each report shall include, for 

22 the fiscal year covered by such report, the following: 

23 (A) The types and quantities of defense ar24 ticles repaired, overhauled, or refurbished under 

25 the program authorized by subsection (a). 


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1 (B) The value of the repair, overhaul, or re2 furbishment performed under the program. 

3 (C) The amount of operation and mainte4 nance funds credited to the Fund under sub5 section (c)(1)(A). 

6 (D) The amount of any collections from the 

7 sale or transfer of defense articles repaired, over8 hauled, or refurbished under the program that 

9 was credited to the Fund under subsection 

10 (c)(1)(B). 

11 (E) The amount of any cash payments from 

12 the sale or transfer of defense articles repaired, 

13 overhauled, or refurbished under the program 

14 that was credited to the Fund under subsection 

15 (c)(1)(C). 

16 (2) ASSESSMENT REPORT.—Not later than Feb17 ruary 1, 2015, the Secretary of Defense shall submit 

18 to the congressional defense committees a report on 

19 the operation of the authorities in this section. The re20 port shall include an assessment of the effectiveness of 

21 the authorities in meeting the objectives of the pro22 gram authorized by subsection (a). 

23 (i) DEFENSE ARTICLE DEFINED.—In this section, the 

24 term ‘‘defense article’’ has the meaning given that term in 


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1 section 47(3) of the Arms Export Control Act (22 U.S.C. 

2 2794(3)). 

3 (j) EXPIRATION OF AUTHORITY.—The authority to 

4 carry out the program authorized by subsection (a), and 

5 to use amounts in the Fund in support of the program, 

6 shall expire on September 30, 2015. 

7 (k) FUNDING FOR FISCAL YEAR 2013.—Of the 

8 amounts authorized to be appropriated for fiscal year 2013 

9 by section 1504 for Overseas Contingency Operations and 

10 available for operation and maintenance for the Army as 

11 specified in funding table in section 4302, $48,400,000 shall 

12 be available for deposit in the Fund pursuant to subsection 

13 (c)(1)(A), with the amount of the deposit to be attributable 

14 to amounts otherwise so available for the YMQ–18A un15 manned aerial vehicle, which has been cancelled. 

16 SEC. 1249. PLAN FOR PROMOTING THE SECURITY OF AF17 GHAN WOMEN AND GIRLS DURING THE SECU18 RITY TRANSITION PROCESS. 

19 (a) FINDINGS.—Congress makes the following findings: 

20 (1) According to the Department of Defense’s 

21 April 2012 Report on Progress Toward Security and 

22 Stability in Afghanistan: 

23 (A) ‘‘U.S. and coalition forces will continue 

24 to degrade the Taliban-led insurgency in order to 

25 provide time and space to increase the capacity 


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1 of the Afghan National Security Forces and the 

2 Afghan Government so they can assume full re3 sponsibility for Afghanistan’s security by the end 

4 of 2014.’’ 

5 (B) ‘‘Transition to Afghan security lead 

6 began in July 2011 and transition to full Af7 ghan security responsibility will be complete 

8 country-wide by the end of 2014.’’ 

9 (C) ‘‘The security of the Afghan people and 

10 the stability of the government are used to judge 

11 provincial readiness to move to each successive 

12 stage of transition implementation.’’ 

13 (D) For each area designated for transition, 

14 a transition implementation plan is developed 

15 by the Government of Afghanistan, NATO, and 

16 ISAF and approved by the Joint Afghan-NATO 

17 Inteqal Board (JANIB). JANIB is also respon18 sible for recommending areas to enter and exit 

19 the transition process. 

20 (2) According to a 2002 study on Women, Peace 

21 and Security submitted by the Secretary-General of 

22 the United Nations pursuant to Security Council res23 olution 1325 (2000), ‘‘the suspension of or restriction 

24 on women’s enjoyment of their human rights’’ can act 

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1 newed conflict. In Afghanistan, restrictions on wom2 en’s mobility and rights can signal the presence of ex3 tremist or insurgent elements in a community. 

4 (3) The security of Afghan women and girls in 

5 areas undergoing security transitions will be an im6 portant gauge of the transition strategy’s success. In7 dicators by which to measure women’s security in8 clude the mobility of women and girls, the participa9 tion of women in local government bodies, the rate of 

10 school attendance for girls, women’s access to govern11 ment services, and the prevalence of violence against 

12 women. 

13 (4) Maintaining and improving physical secu14 rity for Afghan women and girls throughout the coun15 try is critical in order for women and girls to take 

16 advantage of opportunities in education, commerce, 

17 politics, and other areas of public life, which in turn 

18 is essential for the future stability and prosperity of 

19 Afghanistan. 

20 (5) Women who serve as public officials at all 

21 levels of the Government of Afghanistan face serious 

22 threats to their personal security and that of their 

23 families. Many female officials have been the victims 

24 of violent crimes, but they are generally not afforded 


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1 official protection by the Government of Afghanistan 

2 or security forces. 

3 (6) Protecting the security and human rights of 

4 Afghan women and girls requires the involvement of 

5 Afghan men and boys through education about the 

6 important benefits of women’s full participation in 

7 social, economic, and political life. Male officials and 

8 security personnel can play a particularly important 

9 role in supporting and protecting women and girls. 

10 (7) The Chicago Summit Declaration issued by 

11 NATO in May 2012 states: ‘‘As the Afghan National 

12 Police further develop and professionalize, they will 

13 evolve towards a sustainable, credible, and account14 able civilian law enforcement force that will shoulder 

15 the main responsibility for domestic security. This 

16 force should be capable of providing policing services 

17 to the Afghan population as part of the broader Af18 ghan rule of law system.’’ 

19 (8) Women face significant barriers to full par20 ticipation in the ANA and ANP, including a dis21 criminatory or hostile work environment and the lack 

22 of separate facilities designed for female personnel. 

23 (9) As of September 2012, female recruitment 

24 and retention rates for the Afghan National Security 

25 Forces are far below published targets, as follows: 


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1 (A) Approximately 1,700 women serve in 

2 the Afghan National Security Forces, or less 

3 than half of one percent of the total force. 

4 (B) In 2010, President Hamid Karzai an5 nounced plans to recruit and train 5,000 women 

6 in the Afghan National Police, or approximately 

7 3 percent of the force, by 2014. Currently, there 

8 are approximately 1,370 women in the ANP, or 

9 0.87 percent of the police force. 

10 (C) Approximately 350 women currently 

11 serve in the Afghan National Army, representing 

12 only 0.17 percent of the force. The Government 

13 of Afghanistan has said that its goal is to 

14 achieve a force that is 10 percent female. As of 

15 May 2012, approximately 3 percent of new ANA 

16 recruits were women. 

17 (10) Male security personnel often do not re18 spond to threats or incidences of violence against 

19 women, particularly at the local level. They largely 

20 lack the training and understanding needed to re21 spond appropriately and effectively to situations in22 volving women. According to the Department of De23 fense’s April 2012 Report on Progress Toward Secu24 rity and Stability in Afghanistan: 


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1 (A) The Afghan Ministry of Defense ‘‘lacks 

2 the combination of policies, procedures, and exe3 cution to promote opportunity and fair and re4 spectful treatment of women in the force’’. 

5 (B) The Afghan Ministry of Interior ‘‘faces 

6 significant challenges in fully integrating and 

7 protecting women in the ANP workforce, espe8 cially among operational units at the provincial 

9 and district levels’’. 

10 (C) In the Afghan National Police, ‘‘Many 

11 Provincial Headquarters Commanders do not ac12 cept policewomen, as they prefer male candidates 

13 and lack adequate facilities to support females.’’ 

14 (D) ‘‘While women are greatly needed to 

15 support police operations, a combination of cul16 tural impediments, weak recruitment, and un17 even application of policies hinder significant 

18 progress.’’ 

19 (E) ‘‘Although stronger documentation, im20 plementation, and enforcement of policies, proce21 dures, and guidance to better integrate women 

22 will help, time will be needed to change the cul23 tural mores that form the basis of many of the 

24 current impediments.’’ 


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1 (11) The United States, the North American 

2 Treaty Organization, and United States coalition 

3 partners have made firm commitments to support the 

4 human rights of the women and girls of Afghanistan, 

5 as evidenced by the following actions: 

6 (A) According to the United States National 

7 Action Plan on Women, Peace and Security, 

8 ‘‘integrating women and gender considerations 

9 into peace-building processes helps promote 

10 democratic governance and long-term stability,’’ 

11 which are key United States strategic goals in 

12 Afghanistan. 

13 (B) The National Action Plan also states 

14 that ‘‘the engagement and protection of women 

15 as agents of peace and stability will be central 

16 to United States efforts to promote security, pre17 vent, respond to, and resolve conflict, and rebuild 

18 societies.’’ This policy applies to United States 

19 Government efforts in Afghanistan, where ad20 dressing the security vulnerabilities of Afghan 

21 women and girls during the period of security 

22 transition is an essential step toward long-term 

23 stability. 

24 (C) The Chicago Summit Declaration 

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1 phasize the importance of full participation of 

2 all Afghan women in the reconstruction, polit3 ical, peace and reconciliation processes in Af4 ghanistan and the need to respect the institu5 tional arrangements protecting their rights. We 

6 remain committed to the implementation of 

7 United Nations Security Council Resolution 

8 (UNSCR) 1325 on women, peace and security. 

9 We recognize also the need for the protection of 

10 children from the damaging effects of armed con11 flict as required in relevant UNSCRs.’’ 

12 (12) The Strategic Partnership Agreement signed 

13 between the United States and Afghanistan by Presi14 dent Obama and President Karzai in June 2012 

15 states, ‘‘Consistent with its Constitution and inter16 national obligations, Afghanistan shall ensure and 

17 advance the essential role of women in society, so that 

18 they may fully enjoy their economic, social, political, 

19 civil and cultural rights.’’ 

20 (b) PLAN TO PROMOTE SECURITY OF AFGHAN

21 WOMEN.— 

22 (1) IN GENERAL.—Not later than 120 days after 

23 the date of the enactment of this Act, the Secretary of 

24 Defense, in concurrence with the Secretary of State, 

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1 tees a plan to promote the security of Afghan women 

2 during the security transition process. 

3 (2) ELEMENTS.—The plan required under para4 graph (1) shall include the following elements: 

5 (A) A plan to monitor and respond to 

6 changes in women’s security conditions in areas 

7 undergoing transition, including the following 

8 actions: 

9 (i) Seeking to designate a Civilian Im10 pact Advisor on the Joint Afghan-NATO 

11 Inteqal Board (JANIB) to assess the impact 

12 of transition on male and female civilians 

13 and ensure that efforts to protect women’s 

14 rights and security are included in each 

15 area’s transition implementation plan. 

16 (ii) Reviewing existing indicators 

17 against which sex-disaggregated data is col18 lected and, if necessary, developing addi19 tional indicators, to ensure the availability 

20 of data that can be used to measure wom21 en’s security, such as— 

22 (I) the mobility of women and 

23 girls; 

24 (II) the participation of women 

25 in local government bodies; 


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1 (III) the rate of school attendance 

2 for girls; 

3 (IV) women’s access to govern4 ment services; and 

5 (V) the prevalence of violence 

6 against women; and incorporating 

7 those indicators into ongoing efforts to 

8 assess overall security conditions dur9 ing the transition period. 

10 (iii) Integrating assessments of wom11 en’s security into current procedures used to 

12 determine an area’s readiness to proceed 

13 through the transition process. 

14 (iv) Working with Afghan partners, co15 alition partners, and relevant United States 

16 Government departments and agencies to 

17 take concrete action to support women’s 

18 rights and security in cases of deterioration 

19 in women’s security conditions during the 

20 transition period. 

21 (B) A plan to increase gender awareness 

22 and responsiveness among Afghan National 

23 Army and Afghan National Police personnel, in24 cluding the following actions: 


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1 (i) Working with Afghan and coalition 

2 partners to utilize training curricula and 

3 programming that addresses the human 

4 rights of women and girls, appropriate re5 sponses to threats against women and girls, 

6 and appropriate behavior toward female 

7 colleagues and members of the community; 

8 assessing the quality and consistency of this 

9 training across regional commands; and as10 sessing the impact of this training on train11 ee behavior. 

12 (ii) Working with national and local 

13 ANA and ANP leaders to develop and uti14 lize enforcement and accountability mecha15 nisms for ANA and ANP personnel who vio16 late codes of conduct related to the human 

17 rights of women and girls. 

18 (iii) Working with Afghan and coali19 tion partners to implement the above tools 

20 and develop uniform methods and standards 

21 for training and enforcement among coali22 tion partners and across regions. 

23 (C) A plan to increase the number of female 

24 members of the ANA and ANP, including the fol25 lowing actions: 


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1 (i) Providing, through consultation 

2 with Afghan partners, realistic and achiev3 able objectives for the recruitment and re4 tention of women to the ANA and ANP by 

5 the end of the security transition period in 

6 2014. 

7 (ii) Working with national and local 

8 ANA and ANP leaders and coalition part9 ners to address physical and cultural chal10 lenges to the recruitment and retention of 

11 female ANA and ANP personnel, including 

12 through targeted recruitment campaigns, ex13 panded training and mentorship opportuni14 ties, parity in pay and promotion rates 

15 with male counterparts, and availability of 

16 facilities for female personnel. 

17 (iii) Working with national and local 

18 ANA and ANP leaders to increase under19 standing about the unique ways in which 

20 women members of the security forces im21 prove the force’s overall effectiveness. 

22 (iv) Working with national and local 

23 ANA and ANP leaders to develop a plan for 

24 maintaining and increasing the recruitment 

25 and retention of women in the ANA and 


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1 ANP following the completion of the secu2 rity transition. 

3 (3) REPORT.—The Secretary of Defense shall in4 clude in each report on progress toward security and 

5 stability in Afghanistan that is submitted to Congress 

6 under sections 1230 and 1231 of the National Defense 

7 Authorization Act for Fiscal Year 2008 (Public Law 

8 110–181; 122 Stat. 385, 390) a section describing ac9 tions taken to implement the plan required under this 

10 subsection. 

11 (c) APPROPRIATE CONGRESSIONAL COMMITTEES DE12 FINED.—In this section, the term ‘‘appropriate congres13 sional committees’’ means— 

14 (1) the Committee on Armed Services and the 

15 Committee on Foreign Relations of the Senate; and 

16 (2) the Committee on Armed Services and the 

17 Committee on Foreign Affairs of the House of Rep18 resentatives. 

19 SEC. 1250. SENSE OF CONGRESS ON THE ISRAELI IRON 

20 DOME DEFENSIVE WEAPON SYSTEM. 

21 (a) FINDINGS.—Congress makes the following findings: 

22 (1) The citizens of Israel have suffered under a 

23 continual barrage of missiles, rockets, and mortar 

24 shells from the Hamas-controlled Gaza Strip. 


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1 (2) Hamas has been designated by the Secretary 

2 of State as a Foreign Terrorist Organization. 

3 (3) Hamas and other terrorist groups in Gaza 

4 have routinely used human shields and launched rock5 ets from civilian areas. 

6 (4) Israel has gone to extraordinary lengths to 

7 avoid Palestinian civilian casualties, including 

8 aborting attacks on military targets because of the 

9 presence of civilians, alerting civilians to leave areas 

10 of potential conflict, and allowing the importation of 

11 medical and other supplies into Gaza. 

12 (5) Israel faces additional rocket and missile 

13 threats from Lebanon and Syria. 

14 (6) The Government of Iran has supplied Hamas 

15 with advanced longer range missiles such as the 

16 Fajar-5. 

17 (7) Hamas has deployed these weapons to be 

18 fired from within their own civilian population. 

19 (8) The Government of Israel, taking seriously 

20 the threat of short range rockets and mortars, de21 signed, developed, and produced the Iron Dome sys22 tem to address those threats. 

23 (9) The Iron Dome system has successfully inter24 cepted hundreds of rockets targeting population cen25 ters in Israel. 


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1 (10) The Iron Dome system has maintained a 

2 success rate of close to 90 percent. 

3 (11) The Government of Israel currently main4 tains 5 Iron Dome batteries, a number insufficient to 

5 protect all of Israel. 

6 (12) It appears that approximately 10 addi7 tional Iron Dome batteries are needed to protect all 

8 of Israel. 

9 (13) The United States Government, recognizing 

10 the threat to Israeli citizens and desirous of pro11 moting peace, approved funding to assist the Govern12 ment of Israel in procuring Iron Dome batteries. 

13 (14) Israel maintains a significant inventory of 

14 Iron Dome interceptors which has been reduced due to 

15 attacks from Gaza. 

16 (15) Israel used a significant number of preci17 sion-guided munitions in order to destroy military 

18 targets while minimizing civilian casualties in its re19 cent defensive effort in Gaza. 

20 (16) President Barack Obama has expressed his 

21 intention to seek additional funding for Iron Dome 

22 and other United States-Israel missile defense sys23 tems. 

24 (b) SENSE OF CONGRESS.—Congress— 


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1 (1) reaffirms its commitment to the security of 

2 our ally and strategic partner, Israel; 

3 (2) fully supports Israel’s right to defend itself 

4 against acts of terrorism; 

5 (3) sympathizes with the families of Israelis who 

6 have come under the indiscriminate rocket fire from 

7 Hamas-controlled Gaza; 

8 (4) recognizes the exceptional success of the Iron 

9 Dome Missile Defense system in defending the popu10 lation of Israel; 

11 (5) desires to help ensure that Israel has the 

12 means to defend itself against terrorist attacks, in13 cluding through the acquisition of additional Iron 

14 Dome batteries and interceptors; and 

15 (6) urges the Departments of Defense and State 

16 to explore with their Israeli counterparts and alert 

17 Congress of any needs the Israeli Defense Force may 

18 have for additional Iron Dome batteries, interceptors, 

19 or other equipment depleted during the current con20 flict. 

21 SEC. 1251. SENSE OF THE SENATE ON THE SITUATION IN 

22 THE SENKAKU ISLANDS. 

23 It is the sense of the Senate that— 

24 (1) the East China Sea is a vital part of the 

25 maritime commons of Asia, including critical sea 


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1 lanes of communication and commerce that benefit all 

2 nations of the Asia-Pacific region; 

3 (2) the peaceful settlement of territorial and ju4 risdictional disputes in the East China Sea requires 

5 the exercise of self-restraint by all parties in the con6 duct of activities that would complicate or escalate 

7 disputes and destabilize the region, and differences 

8 should be handled in a constructive manner consistent 

9 with universally recognized principles of customary 

10 international law; 

11 (3) while the United States takes no position on 

12 the ultimate sovereignty of the Senkaku islands, the 

13 United States acknowledges the administration of 

14 Japan over the Senkaku Islands; 

15 (4) The unilateral action of a third party will 

16 not affect the United States’ acknowledgment of the 

17 administration of Japan over the Senkaku Islands; 

18 (5) the United States has national interests in 

19 freedom of navigation, the maintenance of peace and 

20 stability, respect for international law, and 

21 unimpeded lawful commerce; 

22 (6) the United States supports a collaborative 

23 diplomatic process by claimants to resolve territorial 

24 disputes without coercion, and opposes efforts at coer25 cion, the threat of use of force, or use of force by any 


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1 claimant in seeking to resolve sovereignty and terri2 torial issues in the East China Sea; and 

3 (7) the United States reaffirms its commitment 

4 to the Government of Japan under Article V of the 

5 Treaty of Mutual Cooperation and Security that 

6 ‘‘[e]ach Party recognizes that an armed attack 

7 against either Party in the territories under the ad8 ministration of Japan would be dangerous to its own 

9 peace and safety and declares that it would act to 

10 meet the common danger in accordance with its con11 stitutional provisions and processes’’. 

12 SEC. 1252. BILATERAL DEFENSE TRADE RELATIONSHIP 

13 WITH INDIA. 

14 (a) REPORT.— 

15 (1) IN GENERAL.—Not later than 180 days after 

16 the date of the enactment of this Act, the Secretary of 

17 Defense shall submit to the congressional defense com18 mittees a report that articulates the vision of the De19 partment of Defense for defense trade relations be20 tween the United States and India within the context 

21 of the overall bilateral defense relationship. 

22 (2) CONTENT.—The report required under para23 graph (1) shall include the following elements: 

24 (A) A description of the Department’s ap25 proach for normalizing defense trade. 


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1 (B) An assessment of the defense capabili2 ties that could enhance cooperation and coordi3 nation between the Governments of the United 

4 States and India on matters of shared security 

5 interests. 

6 (b) COMPREHENSIVE POLICY REVIEW.— 

7 (1) IN GENERAL.—The Secretary of Defense shall 

8 lead a comprehensive policy review to examine the 

9 feasibility of engaging in co-production and co-devel10 opment defense projects with India. 

11 (2) SCOPE.—The policy review should— 

12 (A) examine the parameters and require13 ments for United States-India cooperation as 

14 well as the terms and conditions India must ful15 fill to broach such cooperation; and 

16 (B) consider potential areas of cooperation, 

17 including the possibility of co-producing a train18 ing aircraft and co-developing counter-IED tech19 nology or individual soldier capabilities. 

20 (c) SENSE OF CONGRESS ON INTERNATIONAL INITIA21 TIVES.—It is the sense of Congress that the Department of 

22 Defense, in coordination with the Department State, 

23 should— 

24 (1) conduct a review of all United States–India 

25 bilateral working groups dealing with high technology 


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1 transfers, including technology security and licensing 

2 for dual-use and munitions licenses, and determine 

3 the feasibility of establishing a single United States 

4 Government working group dedicated to strategic 

5 technology trade; 

6 (2) engage counterparts in the Government of 

7 India in an intensified dialogue on the current chal8 lenges related to the compatibility of the Foreign 

9 Military Sales and direct commercial sales programs 

10 with the Indian Defense Procurement Procedure 

11 (DPP), and steps to improve compatibility; 

12 (3) engage counterparts in the Government of 

13 India in a dialogue about the elements of an effective 

14 defense industrial base, including personnel training, 

15 quality assurance, and manufacturing procedures; 

16 (4) consider the establishment of orientation pro17 grams for new defense officials in the Government of 

18 India about the procedures for United States defense 

19 sales, including licensing processes; and 

20 (5) continue and deepen ongoing efforts to assist 

21 the Government of India in developing its defense ac22 quisition expertise by assisting with the development 

23 of training institutions and human capital. 


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1 Subtitle E—Iran Sanctions 

2 SEC. 1261. SHORT TITLE. 

3 This subtitle may be cited as the ‘‘Iran Freedom and 

4 Counter-Proliferation Act of 2012’’. 

5 SEC. 1262. DEFINITIONS. 

6 (a) IN GENERAL.—In this subtitle: 

7 (1) AGRICULTURAL COMMODITY.—The term ‘‘ag8 ricultural commodity’’ has the meaning given that 

9 term in section 102 of the Agricultural Trade Act of 

10 1978 (7 U.S.C. 5602). 

11 (2) APPROPRIATE CONGRESSIONAL COMMIT12 TEES.—The term ‘‘appropriate congressional commit13 tees’’ has the meaning given that term in section 14 

14 of the Iran Sanctions Act of 1996 (Public Law 104– 

15 172; 50 U.S.C. 1701 note). 

16 (3) COAL.—The term ‘‘coal’’ means metallurgical 

17 coal, coking coal, or fuel coke. 

18 (4) CORRESPONDENT ACCOUNT; PAYABLE19 THROUGH ACCOUNT.—The terms ‘‘correspondent ac20 count’’ and ‘‘payable-through account’’ have the 

21 meanings given those terms in section 5318A of title 

22 31, United States Code. 

23 (5) FOREIGN FINANCIAL INSTITUTION.—The term 

24 ‘‘foreign financial institution’’ has the meaning of 

25 that term as determined by the Secretary of the 


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1 Treasury pursuant to section 104(i) of the Com2 prehensive Iran Sanctions, Accountability, and Di3 vestment Act of 2010 (22 U.S.C. 8513(i)). 

4 (6) IRANIAN FINANCIAL INSTITUTION.—The term 

5 ‘‘Iranian financial institution’’ has the meaning 

6 given that term in section 104A(d) of the Comprehen7 sive Iran Sanctions, Accountability, and Divestment 

8 Act of 2010 (22 U.S.C. 8513b(d)). 

9 (7) IRANIAN PERSON.—The term ‘‘Iranian per10 son’’ means— 

11 (A) an individual who is a citizen or na12 tional of Iran; and 

13 (B) an entity organized under the laws of 

14 Iran or otherwise subject to the jurisdiction of 

15 the Government of Iran. 

16 (8) KNOWINGLY.—The term ‘‘knowingly’’, with 

17 respect to conduct, a circumstance, or a result, means 

18 that a person has actual knowledge, or should have 

19 known, of the conduct, the circumstance, or the result. 

20 (9) MEDICAL DEVICE.—The term ‘‘medical de21 vice’’ has the meaning given the term ‘‘device’’ in sec22 tion 201 of the Federal Food, Drug, and Cosmetic Act 

23 (21 U.S.C. 321). 

24 (10) MEDICINE.—The term ‘‘medicine’’ has the 

25 meaning given the term ‘‘drug’’ in section 201 of the 


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1 Federal Food, Drug, and Cosmetic Act (21 U.S.C. 

2 321). 

3 (11) SHIPPING.—The term ‘‘shipping’’ refers to 

4 the transportation of goods by a vessel and related ac5 tivities. 

6 (12) UNITED STATES PERSON.—The term 

7 ‘‘United States person’’ has the meaning given that 

8 term in section 101 of the Comprehensive Iran Sanc9 tions, Accountability, and Divestment Act of 2010 (22 

10 U.S.C. 8511). 

11 (13) VESSEL.—The term ‘‘vessel’’ has the mean12 ing given that term in section 3 of title 1, United 

13 States Code. 

14 (b) DETERMINATIONS OF SIGNIFICANCE.—For pur15 poses of this subtitle, in determining if financial trans16 actions or financial services are significant, the President 

17 may consider the totality of the facts and circumstances, 

18 including factors similar to the factors set forth in section 

19 561.404 of title 31, Code of Federal Regulations (or any 

20 corresponding similar regulation or ruling). 

21 SEC. 1263. DECLARATION OF POLICY ON HUMAN RIGHTS. 

22 (a) FINDING.—Congress finds that the interests of the 

23 United States and international peace are threatened by 

24 the ongoing and destabilizing actions of the Government of 


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1 Iran, including its massive, systematic, and extraordinary 

2 violations of the human rights of its own citizens. 

3 (b) DECLARATION OF POLICY.—It shall be the policy 

4 of the United States— 

5 (1) to deny the Government of Iran the ability 

6 to continue to oppress the people of Iran and to use 

7 violence and executions against pro-democracy 

8 protestors and regime opponents; 

9 (2) to fully and publicly support efforts made by 

10 the people of Iran to promote the establishment of 

11 basic freedoms that build the foundation for the emer12 gence of a freely elected, open, and democratic polit13 ical system; 

14 (3) to help the people of Iran produce, access, 

15 and share information freely and safely via the Inter16 net and through other media; and 

17 (4) to defeat all attempts by the Government of 

18 Iran to jam or otherwise obstruct international sat19 ellite broadcast signals. 

20 SEC. 1264. IMPOSITION OF SANCTIONS WITH RESPECT TO 

21 THE ENERGY, SHIPPING, AND SHIPBUILDING 

22 SECTORS OF IRAN. 

23 (a) FINDINGS.—Congress makes the following findings: 

24 (1) Iran’s energy, shipping, and shipbuilding 

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1 ment of Iran’s nuclear proliferation activities by pro2 viding revenue to support proliferation activities. 

3 (2) The United Nations Security Council and the 

4 United States Government have expressed concern 

5 about the proliferation risks presented by the Iranian 

6 nuclear program. 

7 (3) The Director General of the International 

8 Atomic Energy Agency (in this section referred to as 

9 the ‘‘IAEA’’) has in successive reports (GOV/2012/37 

10 and GOV/2011/65) identified possible military dimen11 sions of Iran’s nuclear program. 

12 (4) The Government of Iran continues to defy the 

13 requirements and obligations contained in relevant 

14 IAEA Board of Governors and United Nations Secu15 rity Council resolutions, including by continuing and 

16 expanding uranium enrichment activities in Iran, as 

17 reported in IAEA Report GOV/2012/37. 

18 (5) United Nations Security Council Resolution 

19 1929 (2010) recognizes the ‘‘potential connection be20 tween Iran’s revenues derived from its energy sector 

21 and the funding of Iran’s proliferation sensitive nu22 clear activities’’. 

23 (6) The National Iranian Tanker Company is 

24 the main carrier for the Iranian Revolutionary 

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1 pany and a key element in the petroleum supply 

2 chain responsible for generating energy revenues that 

3 support the illicit nuclear proliferation activities of 

4 the Government of Iran. 

5 (b) DESIGNATION OF PORTS AND ENTITIES IN THE

6 ENERGY, SHIPPING, AND SHIPBUILDING SECTORS OF IRAN

7 AS ENTITIES OF PROLIFERATION CONCERN.—Entities that 

8 operate ports in Iran and entities in the energy, shipping, 

9 and shipbuilding sectors of Iran, including the National 

10 Iranian Oil Company, the National Iranian Tanker Com11 pany, the Islamic Republic of Iran Shipping Lines, and 

12 their affiliates, play an important role in Iran’s nuclear 

13 proliferation efforts and all such entities are hereby des14 ignated as entities of proliferation concern. 

15 (c) BLOCKING OF PROPERTY OF ENTITIES IN ENERGY, 

16 SHIPPING, AND SHIPBUILDING SECTORS.— 

17 (1) IN GENERAL.—On and after the date that is 

18 90 days after the date of the enactment of this Act, 

19 the President shall block and prohibit all transactions 

20 in all property and interests in property of any per21 son described in paragraph (2) if such property and 

22 interests in property are in the United States, come 

23 within the United States, or are or come within the 

24 possession or control of a United States person. 


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1 (2) PERSONS DESCRIBED.—A person is described 

2 in this paragraph if the President determines that the 

3 person, on or after the date that is 90 days after the 

4 date of the enactment of this Act— 

5 (A) is part of the energy, shipping, or ship6 building sectors of Iran; 

7 (B) operates a port in Iran; or 

8 (C) knowingly provides significant finan9 cial, material, technological, or other support to, 

10 or goods or services in support of any activity or 

11 transaction on behalf of or for the benefit of— 

12 (i) a person determined under sub13 paragraph (A) to be a part of the energy, 

14 shipping, or shipbuilding sectors of Iran; 

15 (ii) a person determined under sub16 paragraph (B) to operate a port in Iran; or 

17 (iii) an Iranian person included on the 

18 list of specially designated nationals and 

19 blocked persons maintained by the Office of 

20 Foreign Assets Control of the Department of 

21 the Treasury (other than an Iranian finan22 cial institution described in paragraph (3)). 

23 (3) IRANIAN FINANCIAL INSTITUTIONS DE24 SCRIBED.—An Iranian financial institution described 

25 in this paragraph is an Iranian financial institution 


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1 that has not been designated for the imposition of 

2 sanctions in connection with— 

3 (A) Iran’s proliferation of weapons of mass 

4 destruction or delivery systems for weapons of 

5 mass destruction; 

6 (B) Iran’s support for international ter7 rorism; or 

8 (C) Iran’s abuses of human rights. 

9 (d) ADDITIONAL SANCTIONS WITH RESPECT TO THE

10 ENERGY, SHIPPING, AND SHIPBUILDING SECTORS OF

11 IRAN.— 

12 (1) SALE, SUPPLY, OR TRANSFER OF CERTAIN

13 GOODS AND SERVICES.—Except as provided in this 

14 section, the President shall impose 5 or more of the 

15 sanctions described in section 6(a) of the Iran Sanc16 tions Act of 1996 (Public Law 104–172; 50 U.S.C. 

17 1701 note) with respect to a person if the President 

18 determines that the person knowingly, on or after the 

19 date that is 90 days after the date of the enactment 

20 of this Act, sells, supplies, or transfers to or from Iran 

21 significant goods or services described in paragraph 

22 (3). 

23 (2) FACILITATION OF CERTAIN TRANSACTIONS.— 

24 Except as provided in this section, the President shall 

25 prohibit the opening, and prohibit or impose strict 


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1 conditions on the maintaining, in the United States 

2 of a correspondent account or a payable-through ac3 count by a foreign financial institution that the 

4 President determines knowingly, on or after the date 

5 that is 90 days after the date of the enactment of this 

6 Act, conducts or facilitates a significant financial 

7 transaction for the sale, supply, or transfer to or from 

8 Iran of goods or services described in paragraph (3). 

9 (3) GOODS AND SERVICES DESCRIBED.—Goods 

10 or services described in this paragraph are goods or 

11 services used in connection with the energy, shipping, 

12 or shipbuilding sectors of Iran, including the Na13 tional Iranian Oil Company, the National Iranian 

14 Tanker Company, and the Islamic Republic of Iran 

15 Shipping Lines. 

16 (4) APPLICATION OF CERTAIN PROVISIONS OF

17 IRAN SANCTIONS ACT OF 1996.—The following provi18 sions of the Iran Sanctions Act of 1996 (Public Law 

19 104–172; 50 U.S.C. 1701 note) shall apply with re20 spect to the imposition of sanctions under paragraph 

21 (1) to the same extent that such provisions apply with 

22 respect to the imposition of sanctions under section 

23 5(a) of that Act: 


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1 (A) Subsections (c), (d), and (f) of section 

2 5 (except for paragraphs (3) and (4)(C) of such 

3 subsection (f)). 

4 (B) Sections 8, 11, and 12. 

5 (e) HUMANITARIAN EXCEPTION.—The President may 

6 not impose sanctions under this section with respect to any 

7 person for conducting or facilitating a transaction for the 

8 sale of agricultural commodities, food, medicine, or medical 

9 devices to Iran or for the provision of humanitarian assist10 ance to the people of Iran. 

11 (f) APPLICABILITY OF SANCTIONS TO PETROLEUM AND

12 PETROLEUM PRODUCTS.— 

13 (1) IN GENERAL.—Except as provided in para14 graph (2), this section shall apply with respect to the 

15 purchase of petroleum or petroleum products from 

16 Iran only if, at the time of the purchase, a determina17 tion of the President under section 1245(d)(4)(B) of 

18 the National Defense Authorization Act for Fiscal 

19 Year 2012 (22 U.S.C. 8513a(d)(4)(B)) that the price 

20 and supply of petroleum and petroleum products pro21 duced in countries other than Iran is sufficient to 

22 permit purchasers of petroleum and petroleum prod23 ucts from Iran to reduce significantly their purchases 

24 from Iran is in effect. 

25 (2) EXCEPTION FOR CERTAIN COUNTRIES.— 


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1 (A) EXPORTATION.—This section shall not 

2 apply with respect to the exportation of petro3 leum or petroleum products from Iran to a coun4 try to which the exception under section 

5 1245(d)(4)(D)(i) of the National Defense Author6 ization Act for Fiscal Year 2012 (22 U.S.C. 

7 8513a(d)(4)(D)(i)) applies at the time of the ex8 portation of the petroleum or petroleum prod9 ucts. 

10 (B) FINANCIAL TRANSACTIONS.— 

11 (i) IN GENERAL.—This section shall 

12 not apply with respect to a financial trans13 action described in clause (ii) conducted or 

14 facilitated by a foreign financial institution 

15 if, at the time of the transaction, the excep16 tion under section 1245(d)(4)(D)(i) of the 

17 National Defense Authorization Act for Fis18 cal Year 2012 (22 U.S.C. 

19 8513a(d)(4)(D)(i)) applies to the country 

20 with primary jurisdiction over the foreign 

21 financial institution. 

22 (ii) FINANCIAL TRANSACTIONS DE23 SCRIBED.—A financial transaction con24 ducted or facilitated by a foreign financial 

25 institution is described in this clause if— 


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1 (I) the financial transaction is for 

2 the purchase of purchase of petroleum 

3 or petroleum products from Iran; 

4 (II) the financial transaction is 

5 only for trade in goods or services— 

6 (aa) not otherwise subject to 

7 sanctions under the law of the 

8 United States; and 

9 (bb) between the country with 

10 primary jurisdiction over the for11 eign financial institution and 

12 Iran; and 

13 (III) any funds owed to Iran as a 

14 result of such trade are credited to an 

15 account located in the country with 

16 primary jurisdiction over the foreign 

17 financial institution. 

18 (g) APPLICABILITY OF SANCTIONS TO NATURAL

19 GAS.— 

20 (1) SALE, SUPPLY, OR TRANSFER.—Except as 

21 provided in paragraph (2), this section shall not 

22 apply to the sale, supply, or transfer to or from Iran 

23 of natural gas. 

24 (2) FINANCIAL TRANSACTIONS.—This section 

25 shall apply to a foreign financial institution that 


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1 conducts or facilitates a financial transaction for the 

2 sale, supply, or transfer to or from Iran of natural 

3 gas unless— 

4 (A) the financial transaction is only for 

5 trade in goods or services— 

6 (i) not otherwise subject to sanctions 

7 under the law of the United States; and 

8 (ii) between the country with primary 

9 jurisdiction over the foreign financial insti10 tution and Iran; and 

11 (B) any funds owed to Iran as a result of 

12 such trade are credited to an account located in 

13 the country with primary jurisdiction over the 

14 foreign financial institution. 

15 (h) WAIVER.— 

16 (1) IN GENERAL.—The President may waive the 

17 imposition of sanctions under this section for a period 

18 of not more than 120 days, and may renew that 

19 waiver for additional periods of not more than 120 

20 days, if the President— 

21 (A) determines that such a waiver is vital 

22 to the national security of the United States; and 

23 (B) submits to the appropriate congres24 sional committees a report providing a justifica25 tion for the waiver. 


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1 (2) FORM OF REPORT.—Each report submitted 

2 under paragraph (1)(B) shall be submitted in unclas3 sified form, but may include a classified annex. 

4 SEC. 1265. IMPOSITION OF SANCTIONS WITH RESPECT TO 

5 THE SALE, SUPPLY, OR TRANSFER OF CER6 TAIN MATERIALS TO OR FROM IRAN. 

7 (a) SALE, SUPPLY, OR TRANSFER OF CERTAIN MATE8 RIALS.—The President shall impose 5 or more of the sanc9 tions described in section 6(a) of the Iran Sanctions Act 

10 of 1996 (Public Law 104–172; 50 U.S.C. 1701 note) with 

11 respect to a person if the President determines that the per12 son knowingly, on or after the date that is 90 days after 

13 the date of the enactment of this Act, sells, supplies, or 

14 transfers, directly or indirectly, to or from Iran— 

15 (1) a precious metal; 

16 (2) a material described in subsection (c) deter17 mined pursuant to subsection (d)(1) to be used by 

18 Iran as described in that subsection; 

19 (3) any other material described in subsection 

20 (c) if— 

21 (A) the material is— 

22 (i) to be used in connection with the 

23 energy, shipping, or shipbuilding sectors of 

24 Iran or any sector of the economy of Iran 


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1 controlled directly or indirectly by Iran’s 

2 Revolutionary Guard Corps; 

3 (ii) sold, supplied, or transferred to or 

4 from an Iranian person included on the list 

5 of specially designated nationals and 

6 blocked persons maintained by the Office of 

7 Foreign Assets Control of the Department of 

8 the Treasury; or 

9 (iii) relevant to the nuclear, military, 

10 or ballistic missile programs of Iran; or 

11 (B) the material is resold, retransferred, or 

12 otherwise supplied— 

13 (i) to an end-user in a sector described 

14 in clause (i) of subparagraph (A); 

15 (ii) to a person described in clause (ii) 

16 of that subparagraph; or 

17 (iii) for a program described in clause 

18 (iii) of that subparagraph. 

19 (b) FACILITATION OF CERTAIN TRANSACTIONS.—The 

20 President shall prohibit the opening, and prohibit or impose 

21 strict conditions on the maintaining, in the United States 

22 of a correspondent account or a payable-through account 

23 by a foreign financial institution that the President deter24 mines knowingly, on or after the date that is 90 days after 

25 the date of the enactment of this Act, conducts or facilitates 


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1 a significant financial transaction for the sale, supply, or 

2 transfer to or from Iran of materials the sale, supply, or 

3 transfer of which would subject a person to sanctions under 

4 subsection (a). 

5 (c) MATERIALS DESCRIBED.—Materials described in 

6 this subsection are graphite, raw or semi-finished metals 

7 such as aluminum and steel, coal, and software for inte8 grating industrial processes. 

9 (d) DETERMINATION WITH RESPECT TO USE OF MA10 TERIALS.—Not later than 90 days after the date of the en11 actment of this Act, and every 90 days thereafter, the Presi12 dent shall submit to the appropriate congressional commit13 tees and publish in the Federal Register a report that con14 tains the determination of the President with respect to— 

15 (1) whether Iran is— 

16 (A) using any of the materials described in 

17 subsection (c) as a medium for barter, swap, or 

18 any other exchange or transaction; or 

19 (B) listing any of such materials as assets 

20 of the Government of Iran for purposes of the na21 tional balance sheet of Iran; 

22 (2) which sectors of the economy of Iran are con23 trolled directly or indirectly by Iran’s Revolutionary 

24 Guard Corps; and 


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1 (3) which of the materials described in subsection 

2 (c) are relevant to the nuclear, military, or ballistic 

3 missile programs of Iran. 

4 (e) EXCEPTION FOR PERSONS EXERCISING DUE DILI5 GENCE.—The President may not impose sanctions under 

6 subsection (a) or (b) with respect to a person if the Presi7 dent determines that the person has exercised due diligence 

8 in establishing and enforcing official policies, procedures, 

9 and controls to ensure that the person does not sell, supply, 

10 or transfer to or from Iran materials the sale, supply, or 

11 transfer of which would subject a person to sanctions under 

12 subsection (a) or conduct or facilitate a financial trans13 action for such a sale, supply, or transfer. 

14 (f) WAIVER.— 

15 (1) IN GENERAL.—The President may waive the 

16 imposition of sanctions under this section for a period 

17 of not more than 120 days, and may renew that 

18 waiver for additional periods of not more than 120 

19 days, if the President— 

20 (A) determines that such a waiver is vital 

21 to the national security of the United States; and 

22 (B) submits to the appropriate congres23 sional committees a report providing a justifica24 tion for the waiver. 


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1 (2) FORM OF REPORT.—Each report submitted 

2 under paragraph (1)(B) shall be submitted in unclas3 sified form, but may include a classified annex. 

4 (g) NATIONAL BALANCE SHEET OF IRAN DEFINED.— 

5 For purposes of this section, the term ‘‘national balance 

6 sheet of Iran’’ refers to the ratio of the assets of the Govern7 ment of Iran to the liabilities of that Government. 

8 SEC. 1266. IMPOSITION OF SANCTIONS WITH RESPECT TO 

9 THE PROVISION OF UNDERWRITING SERV10 ICES OR INSURANCE OR REINSURANCE FOR 

11 ACTIVITIES OR PERSONS WITH RESPECT TO 

12 WHICH SANCTIONS HAVE BEEN IMPOSED. 

13 (a) IN GENERAL.—Except as provided in subsection 

14 (b), the President shall impose 5 or more of the sanctions 

15 described in section 6(a) of the Iran Sanctions Act of 1996 

16 (Public Law 104–172; 50 U.S.C. 1701 note) with respect 

17 to a person if the President determines that the person 

18 knowingly, on or after the date that is 90 days after the 

19 date of the enactment of this Act, provides underwriting 

20 services or insurance or reinsurance— 

21 (1) for any activity with respect to Iran for 

22 which sanctions have been imposed under this sub23 title, the International Emergency Economic Powers 

24 Act (50 U.S.C. 1701 et seq.), the Iran Sanctions Act 

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1 ability, and Divestment Act of 2010 (22 U.S.C. 8501 

2 et seq.), the Iran Threat Reduction and Syria Human 

3 Rights Act of 2012 (22 U.S.C. 8701 et seq.), the Iran, 

4 North Korea, and Syria Nonproliferation Act (Public 

5 Law 106–178; 50 U.S.C. 1701 note), or any other 

6 provision of law relating to the imposition of sanc7 tions with respect to Iran; 

8 (2) to or for any person— 

9 (A) with respect to, or for the benefit of any 

10 activity in the energy, shipping, or shipbuilding 

11 sectors of Iran for which sanctions are imposed 

12 under this subtitle; 

13 (B) for the sale, supply, or transfer to or 

14 from Iran of materials described in section 

15 1255(c); or 

16 (C) designated for the imposition of sanc17 tions pursuant to the International Emergency 

18 Economic Powers Act (50 U.S.C. 1701 et seq.) in 

19 connection with— 

20 (i) Iran’s proliferation of weapons of 

21 mass destruction or delivery systems for 

22 weapons of mass destruction; or 

23 (ii) Iran’s support for international 

24 terrorism; or 


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1 (3) to or for any Iranian person included on the 

2 list of specially designated nationals and blocked per3 sons maintained by the Office of Foreign Assets Con4 trol of the Department of the Treasury (other than an 

5 Iranian financial institution described in subsection 

6 (b)). 

7 (b) IRANIAN FINANCIAL INSTITUTIONS DESCRIBED.— 

8 An Iranian financial institution described in this sub9 section is an Iranian financial institution that has not been 

10 designated for the imposition of sanctions in connection 

11 with— 

12 (1) Iran’s proliferation of weapons of mass de13 struction or delivery systems for weapons of mass de14 struction; 

15 (2) Iran’s support for international terrorism; or 

16 (3) Iran’s abuses of human rights. 

17 (c) HUMANITARIAN EXCEPTION.—The President may 

18 not impose sanctions under subsection (a) for the provision 

19 of underwriting services or insurance or reinsurance for a 

20 transaction for the sale of agricultural commodities, food, 

21 medicine, or medical devices to Iran or for the provision 

22 of humanitarian assistance to the people of Iran. 

23 (d) EXCEPTION FOR UNDERWRITERS AND INSURANCE

24 PROVIDERS EXERCISING DUE DILIGENCE.—The President 

25 may not impose sanctions under paragraph (1) or (3) or 


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1 subparagraph (A) or (B) of paragraph (2) of subsection (a) 

2 with respect to a person that provides underwriting services 

3 or insurance or reinsurance if the President determines that 

4 the person has exercised due diligence in establishing and 

5 enforcing official policies, procedures, and controls to ensure 

6 that the person does not underwrite or enter into a contract 

7 to provide insurance or reinsurance for an activity de8 scribed in paragraph (1) of that subsection or to or for any 

9 person described in paragraph (3) or subparagraph (A) or 

10 (B) of paragraph (2) of that subsection. 

11 (e) WAIVER.— 

12 (1) IN GENERAL.—The President may waive the 

13 imposition of sanctions under subsection (a) for a pe14 riod of not more than 120 days, and may renew that 

15 waiver for additional periods of not more than 120 

16 days, if the President— 

17 (A) determines that such a waiver is vital 

18 to the national security of the United States; and 

19 (B) submits to the appropriate congres20 sional committees a report providing a justifica21 tion for the waiver. 

22 (2) FORM OF REPORT.—Each report submitted 

23 under paragraph (1)(B) shall be submitted in unclas24 sified form, but may include a classified annex. 


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1 (f) APPLICATION OF CERTAIN PROVISIONS OF IRAN

2 SANCTIONS ACT OF 1996.—The following provisions of the 

3 Iran Sanctions Act of 1996 (Public Law 104–172; 50 

4 U.S.C. 1701 note) shall apply with respect to the imposition 

5 of sanctions under subsection (a) to the same extent that 

6 such provisions apply with respect to the imposition of 

7 sanctions under section 5(a) of that Act: 

8 (1) Subsections (c), (d), and (f) of section 5 (ex9 cept for paragraphs (3) and (4)(C) of such subsection 

10 (f)). 

11 (2) Sections 8, 11, and 12. 

12 SEC. 1267. IMPOSITION OF SANCTIONS WITH RESPECT TO 

13 FOREIGN FINANCIAL INSTITUTIONS THAT FA14 CILITATE FINANCIAL TRANSACTIONS ON BE15 HALF OF SPECIALLY DESIGNATED NATION16 ALS. 

17 (a) IN GENERAL.—Except as provided in this section, 

18 the President shall prohibit the opening, and prohibit or 

19 impose strict conditions on the maintaining, in the United 

20 States of a correspondent account or a payable-through ac21 count by a foreign financial institution that the President 

22 determines has, on or after the date that is 90 days after 

23 the date of the enactment of this Act, knowingly facilitated 

24 a significant financial transaction on behalf of any Iranian 

25 person included on the list of specially designated nationals 


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1 and blocked persons maintained by the Office of Foreign 

2 Assets Control of the Department of the Treasury (other 

3 than an Iranian financial institution described in sub4 section (b)). 

5 (b) IRANIAN FINANCIAL INSTITUTIONS DESCRIBED.— 

6 An Iranian financial institution described in this sub7 section is an Iranian financial institution that has not been 

8 designated for the imposition of sanctions in connection 

9 with— 

10 (1) Iran’s proliferation of weapons of mass de11 struction or delivery systems for weapons of mass de12 struction; 

13 (2) Iran’s support for international terrorism; or 

14 (3) Iran’s abuses of human rights. 

15 (c) HUMANITARIAN EXCEPTION.—The President may 

16 not impose sanctions under subsection (a) with respect to 

17 any person for conducting or facilitating a transaction for 

18 the sale of agricultural commodities, food, medicine, or med19 ical devices to Iran or for the provision of humanitarian 

20 assistance to the people of Iran. 

21 (d) APPLICABILITY OF SANCTIONS TO PETROLEUM

22 AND PETROLEUM PRODUCTS.— 

23 (1) IN GENERAL.—Except as provided in para24 graph (2), subsection (a) shall apply with respect to 

25 a financial transaction for the purchase of petroleum 


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1 or petroleum products from Iran only if, at the time 

2 of the transaction, a determination of the President 

3 under section 1245(d)(4)(B) of the National Defense 

4 Authorization Act for Fiscal Year 2012 (22 U.S.C. 

5 8513a(d)(4)(B)) that the price and supply of petro6 leum and petroleum products produced in countries 

7 other than Iran is sufficient to permit purchasers of 

8 petroleum and petroleum products from Iran to re9 duce significantly their purchases from Iran is in ef10 fect. 

11 (2) EXCEPTION FOR CERTAIN COUNTRIES.— 

12 (A) IN GENERAL.—Subsection (a) shall not 

13 apply with respect to a financial transaction de14 scribed in subparagraph (B) conducted or facili15 tated by a foreign financial institution for if, at 

16 the time of the transaction, the exception under 

17 section 1245(d)(4)(D)(i) of the National Defense 

18 Authorization Act for Fiscal Year 2012 (22 

19 U.S.C. 8513a(d)(4)(D)(i)) applies to the country 

20 with primary jurisdiction over the foreign finan21 cial institution. 

22 (B) FINANCIAL TRANSACTIONS DE23 SCRIBED.—A financial transaction conducted or 

24 facilitated by a foreign financial institution is 

25 described in this subparagraph if— 


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1 (i) the financial transaction is for the 

2 purchase of purchase of petroleum or petro3 leum products from Iran; 

4 (ii) the financial transaction is only 

5 for trade in goods or services— 

6 (I) not otherwise subject to sanc7 tions under the law of the United 

8 States; and 

9 (II) between the country with pri10 mary jurisdiction over the foreign fi11 nancial institution and Iran; and 

12 (iii) any funds owed to Iran as a re13 sult of such trade are credited to an account 

14 located in the country with primary juris15 diction over the foreign financial institu16 tion. 

17 (e) APPLICABILITY OF SANCTIONS TO NATURAL GAS.— 

18 Subsection (a) shall apply to a foreign financial institution 

19 that conducts or facilitates a financial transaction for the 

20 sale, supply, or transfer to or from Iran of natural gas un21 less— 

22 (1) the financial transaction is only for trade in 

23 goods or services— 

24 (A) not otherwise subject to sanctions under 

25 the law of the United States; and 


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1 (B) between the country with primary ju2 risdiction over the foreign financial institution 

3 and Iran; and 

4 (2) any funds owed to Iran as a result of such 

5 trade are credited to an account located in the coun6 try with primary jurisdiction over the foreign finan7 cial institution. 

8 (f) WAIVER.— 

9 (1) IN GENERAL.—The President may waive the 

10 imposition of sanctions under subsection (a) for a pe11 riod of not more than 120 days, and may renew that 

12 waiver for additional periods of not more than 120 

13 days, if the President— 

14 (A) determines that such a waiver is vital 

15 to the national security of the United States; and 

16 (B) submits to the appropriate congres17 sional committees a report providing a justifica18 tion for the waiver. 

19 (2) FORM OF REPORT.—Each report submitted 

20 under paragraph (1)(B) shall be submitted in unclas21 sified form, but may include a classified annex. 

22 SEC. 1268. INCLUSION OF THE ISLAMIC REPUBLIC OF IRAN 

23 BROADCASTING ON THE LIST OF HUMAN 

24 RIGHTS ABUSERS. 

25 (a) FINDINGS.—Congress makes the following findings: 


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1 (1) The Islamic Republic of Iran Broadcasting 

2 has contributed to the infringement of individuals’ 

3 human rights by broadcasting forced televised confes4 sion and show trials. 

5 (2) In March 2012, the European Council im6 posed sanctions on the President of the Islamic Re7 public of Iran Broadcasting, Ezzatollah Zargami, for 

8 broadcasting forced confessions of detainees and a se9 ries of ‘‘show trials’’ in August 2009 and December 

10 2011 that constituted a clear violation of inter11 national law with respect to the right to a fair trial 

12 and due process. 

13 (b) INCLUSION OF THE ISLAMIC REPUBLIC OF IRAN

14 BROADCASTING ON THE LIST OF HUMAN RIGHTS ABUS15 ERS.—The President shall include the Islamic Republic of 

16 Iran Broadcasting and the President of the Islamic Repub17 lic of Iran Broadcasting, Ezzatollah Zargami, in the first 

18 update to the list of persons complicit in, or responsible for 

19 ordering, controlling, or otherwise directing, the commission 

20 of serious human rights abuses against citizens of Iran or 

21 their family members submitted under section 105 of the 

22 Comprehensive Iran Sanctions, Accountability, and Divest23 ment Act of 2010 (22 U.S.C. 8514) after the date of the 

24 enactment of this Act. 


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1 SEC. 1269. IMPOSITION OF SANCTIONS WITH RESPECT TO 

2 PERSONS ENGAGED IN THE DIVERSION OF 

3 GOODS INTENDED FOR THE PEOPLE OF IRAN. 

4 (a) IN GENERAL.—Title I of the Comprehensive Iran 

5 Sanctions, Accountability, and Divestment Act of 2010 (22 

6 U.S.C. 8511 et seq.) is amended by inserting after section 

7 105B the following: 

8 ‘‘SEC. 105C. IMPOSITION OF SANCTIONS WITH RESPECT TO 

9 PERSONS ENGAGED IN THE DIVERSION OF 

10 GOODS INTENDED FOR THE PEOPLE OF IRAN. 

11 ‘‘(a) IN GENERAL.—The President shall impose sanc12 tions described in section 105(c) with respect to each person 

13 on the list required by subsection (b). 

14 ‘‘(b) LIST OF PERSONS WHO ENGAGE IN DIVER15 SION.— 

16 ‘‘(1) IN GENERAL.—As relevant information be17 comes available, the President shall submit to the ap18 propriate congressional committees a list of persons 

19 that the President determines have, on or after such 

20 date of enactment, engaged in corruption or other ac21 tivities relating to— 

22 ‘‘(A) the diversion of goods, including agri23 cultural commodities, food, medicine, and med24 ical devices, intended for the people of Iran; or 

25 ‘‘(B) the misappropriation of proceeds from 

26 the sale or resale of such goods. 


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1 ‘‘(2) FORM OF REPORT; PUBLIC AVAILABILITY.— 

2 ‘‘(A) FORM.—The list required by para3 graph (1) shall be submitted in unclassified form 

4 but may contain a classified annex. 

5 ‘‘(B) PUBLIC AVAILABILITY.—The unclassi6 fied portion of the list required by paragraph (1) 

7 shall be made available to the public and posted 

8 on the websites of the Department of the Treas9 ury and the Department of State.’’. 

10 (b) WAIVER.—Section 401(b)(1) of the Comprehensive 

11 Iran Sanctions, Accountability, and Divestment Act of 

12 2010 (22 U.S.C. 8551(b)(1)) is amended— 

13 (1) by striking ‘‘or 105B(a)’’ and inserting 

14 ‘‘105B(a), or 105C(a)’’; and 

15 (2) by striking ‘‘or 105B(b)’’ and inserting 

16 ‘‘105B(b), or 105C(b)’’. 

17 (c) CLERICAL AMENDMENT.—The table of contents for 

18 the Comprehensive Iran Sanctions, Accountability, and Di19 vestment Act of 2010 is amended by inserting after the item 

20 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.’’. 


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1 SEC. 1270. WAIVER REQUIREMENT RELATED TO EXCEP2 TIONAL CIRCUMSTANCES PREVENTING SIG3 NIFICANT REDUCTIONS IN CRUDE OIL PUR4 CHASES. 

5 Section 1245(d)(5)(B) of the National Defense Author6 ization Act for Fiscal Year 2012 (22 U.S.C. 

7 8513a(d)(5)(B)) is amended— 

8 (1) in clause (i), by striking ‘‘; and’’ and insert9 ing a semicolon; 

10 (2) by redesignating clause (ii) as clause (iii); 

11 and 

12 (3) by inserting after clause (i) the following new 

13 clause: 

14 ‘‘(ii) certifying that the country with 

15 primary jurisdiction over the foreign finan16 cial institution otherwise subject to the 

17 sanctions faced exceptional circumstances 

18 that prevented the country from being able 

19 to significantly reduce its volume of crude 

20 oil purchases; and’’. 

21 SEC. 1271. STATUTE OF LIMITATIONS FOR CIVIL ACTIONS 

22 REGARDING TERRORIST ACTS. 

23 (a) IN GENERAL.—Section 2335 of title 18, United 

24 States Code, is amended— 

25 (1) in subsection (a), by striking ‘‘4 years’’ and 

26 inserting ‘‘10 years’’; and 


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1 (2) in subsection (b), by striking ‘‘4-year period’’ 

2 and inserting ‘‘10-year period’’. 

3 (b) EFFECTIVE DATE.—The amendments made by this 

4 section shall apply to— 

5 (1) proceedings under section 2333 of title 18, 

6 United States Code, pending in any form on the date 

7 of the enactment of this Act; 

8 (2) proceedings under such section commenced on 

9 or after the date of the enactment of this Act; and 

10 (3) any civil action brought for recovery of dam11 ages under such section resulting from acts of inter12 national terrorism that occurred more than 10 years 

13 before the date of the enactment of this Act, provided 

14 that the action is filed not later than 6 years after 

15 the date of the enactment of this Act. 

16 SEC. 1272. REPORT ON USE OF CERTAIN IRANIAN SEA17 PORTS BY FOREIGN VESSELS AND USE OF 

18 FOREIGN AIRPORTS BY SANCTIONED IRA19 NIAN AIR CARRIERS. 

20 (a) IN GENERAL.—Not later than 180 days after the 

21 date of the enactment of this Act, and annually thereafter, 

22 the President shall submit to the appropriate congressional 

23 committees a report that contains— 

24 (1) a list of vessels that have entered seaports in 

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1 pany during the period specified in subsection (b) 

2 and the owners and operators of those vessels; and 

3 (2) a list of all airports at which aircraft owned 

4 or controlled by an Iranian air carrier on which 

5 sanctions have been imposed by the United States 

6 have landed during the period specified in subsection 

7 (b). 

8 (b) PERIOD SPECIFIED.—The period specified in this 

9 subsection is— 

10 (1) in the case of the first report submitted under 

11 subsection (a), the 180-day period preceding the sub12 mission of the report; and 

13 (2) in the case of any subsequent report sub14 mitted under that subsection, the year preceding the 

15 submission of the report. 

16 (c) FORM OF REPORT.—Each report required by sub17 section (a) shall be submitted in unclassified form, but may 

18 include a classified annex. 

19 SEC. 1273. IMPLEMENTATION; PENALTIES. 

20 (a) IMPLEMENTATION.—The President may exercise 

21 all authorities provided under sections 203 and 205 of the 

22 International Emergency Economic Powers Act (50 U.S.C. 

23 1702 and 1704) to carry out this subtitle. 

24 (b) PENALTIES.—The penalties provided for in sub25 sections (b) and (c) of section 206 of the International 


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1 Emergency Economic Powers Act (50 U.S. C. 1705) shall 

2 apply to a person that violates, attempts to violate, con3 spires to violate, or causes a violation of this subtitle or 

4 regulations prescribed under this subtitle to the same extent 

5 that such penalties apply to a person that commits an un6 lawful act described in section 206(a) of that Act. 

7 SEC. 1274. APPLICABILITY TO CERTAIN NATURAL GAS 

8 PROJECTS. 

9 Nothing in this subtitle or the amendments made by 

10 this subtitle shall apply with respect to any activity relat11 ing to a project described in subsection (a) of section 603 

12 of the Iran Threat Reduction and Syria Human Rights Act 

13 of 2012 (22 U.S.C. 8783) to which the exception under that 

14 section applies at the time of the activity. 

15 SEC. 1275. RULE OF CONSTRUCTION. 

16 Nothing in this subtitle or the amendments made by 

17 this subtitle shall be construed to limit sanctions imposed 

18 with respect to Iran under any other provision of law or 

19 to limit the authority of the President to impose additional 

20 sanctions with respect to Iran. 


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1 TITLE XIII—COOPERATIVE 

2 THREAT REDUCTION 

3 SEC. 1301. SPECIFICATION OF COOPERATIVE THREAT RE4 DUCTION PROGRAMS AND FUNDS. 

5 (a) SPECIFICATION OF COOPERATIVE THREAT REDUC6 TION PROGRAMS.—For purposes of section 301 and other 

7 provisions of this Act, Cooperative Threat Reduction pro8 grams are the programs specified in section 1501 of the Na9 tional Defense Authorization Act for Fiscal Year 1997 (50 

10 U.S.C. 2632 note). 

11 (b) FISCAL YEAR 2013 COOPERATIVE THREAT REDUC12 TION FUNDS DEFINED.—As used in this title, the term ‘‘fis13 cal year 2013 Cooperative Threat Reduction funds’’ means 

14 the funds appropriated pursuant to the authorization of ap15 propriations in section 301 and made available by the 

16 funding table in section 4301 for Cooperative Threat Reduc17 tion programs. 

18 (c) AVAILABILITY OF FUNDS.—Funds appropriated 

19 pursuant to the authorization of appropriations in section 

20 301 and made available by the funding table in section 

21 4301 for Cooperative Threat Reduction programs shall be 

22 available for obligation for fiscal years 2013, 2014, and 

23 2015. 


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1 SEC. 1302. FUNDING ALLOCATIONS. 

2 (a) FUNDING FOR SPECIFIC PURPOSES.—Of the 

3 $519,100,000 authorized to be appropriated to the Depart4 ment of Defense for fiscal year 2013 in section 301 and 

5 made available by the funding table in section 4301 for Co6 operative Threat Reduction programs, the following 

7 amounts may be obligated for the purposes specified: 

8 (1) For strategic offensive arms elimination, 

9 $68,300,000. 

10 (2) For chemical weapons destruction, 

11 $14,600,000. 

12 (3) For global nuclear security, $99,800,000. 

13 (4) For cooperative biological engagement, 

14 $276,400,000. 

15 (5) For proliferation prevention, $32,400,000. 

16 (6) For threat reduction engagement, $2,400,000. 

17 (7) For other assessments/administrative sup18 port, $25,200,000. 

19 (b) REPORT ON OBLIGATION OR EXPENDITURE OF

20 FUNDS FOR OTHER PURPOSES.—No fiscal year 2013 Coop21 erative Threat Reduction funds may be obligated or ex22 pended for a purpose other than a purpose listed in para23 graphs (1) through (7) of subsection (a) until 15 days after 

24 the date that the Secretary of Defense submits to Congress 

25 a report on the purpose for which the funds will be obligated 

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1 pended. Nothing in the preceding sentence shall be construed 

2 as authorizing the obligation or expenditure of fiscal year 

3 2013 Cooperative Threat Reduction funds for a purpose for 

4 which the obligation or expenditure of such funds is specifi5 cally prohibited under this title or any other provision of 

6 law. 

7 (c) LIMITED AUTHORITY TO VARY INDIVIDUAL

8 AMOUNTS.— 

9 (1) IN GENERAL.—Subject to paragraph (2), in 

10 any case in which the Secretary of Defense determines 

11 that it is necessary to do so in the national interest, 

12 the Secretary may obligate amounts appropriated for 

13 fiscal year 2013 for a purpose listed in paragraphs 

14 (1) through (7) of subsection (a) in excess of the spe15 cific amount authorized for that purpose. 

16 (2) NOTICE-AND-WAIT REQUIRED.—An obligation 

17 of funds for a purpose stated in paragraphs (1) 

18 through (7) of subsection (a) in excess of the specific 

19 amount authorized for such purpose may be made 

20 using the authority provided in paragraph (1) only 

21 after— 

22 (A) the Secretary submits to Congress noti23 fication of the intent to do so together with a 

24 complete discussion of the justification for doing 

25 so; and 


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1 (B) 15 days have elapsed following the date 

2 of the notification. 

3 TITLE XIV—OTHER 

4 AUTHORIZATIONS 

5 Subtitle A—Military Programs 

6 SEC. 1401. WORKING CAPITAL FUNDS. 

7 Funds are hereby authorized to be appropriated for fis8 cal year 2013 for the use of the Armed Forces and other 

9 activities and agencies of the Department of Defense for 

10 providing capital for working capital and revolving funds, 

11 as specified in the funding table in section 4501. 

12 SEC. 1402. NATIONAL DEFENSE SEALIFT FUND. 

13 Funds are hereby authorized to be appropriated for fis14 cal year 2013 for the National Defense Sealift Fund, as 

15 specified in the funding table in section 4501. 

16 SEC. 1403. DEFENSE HEALTH PROGRAM. 

17 Funds are hereby authorized to be appropriated for the 

18 Department of Defense for fiscal year 2013 for expenses, not 

19 otherwise provided for, for the Defense Health Program, as 

20 specified in the funding table in section 4501. 

21 SEC. 1404. CHEMICAL AGENTS AND MUNITIONS DESTRUC22 TION, DEFENSE. 

23 (a) AUTHORIZATION OF APPROPRIATIONS.—Funds are 

24 hereby authorized to be appropriated for the Department 

25 of Defense for fiscal year 2013 for expenses, not otherwise 


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1 provided for, for Chemical Agents and Munitions Destruc2 tion, Defense, as specified in the funding table in section 

3 4501. 

4 (b) USE.—Amounts authorized to be appropriated 

5 under subsection (a) are authorized for— 

6 (1) the destruction of lethal chemical agents and 

7 munitions in accordance with section 1412 of the De8 partment of Defense Authorization Act, 1986 (50 

9 U.S.C. 1521); and 

10 (2) the destruction of chemical warfare materiel 

11 of the United States that is not covered by section 

12 1412 of such Act. 

13 SEC. 1405. DRUG INTERDICTION AND COUNTER-DRUG AC14 TIVITIES, DEFENSE-WIDE. 

15 Funds are hereby authorized to be appropriated for the 

16 Department of Defense for fiscal year 2013 for expenses, not 

17 otherwise provided for, for Drug Interdiction and Counter18 Drug Activities, Defense-wide, as specified in the funding 

19 table in section 4501. 

20 SEC. 1406. DEFENSE INSPECTOR GENERAL. 

21 Funds are hereby authorized to be appropriated for the 

22 Department of Defense for fiscal year 2013 for expenses, not 

23 otherwise provided for, for the Office of the Inspector Gen24 eral of the Department of Defense, as specified in the fund25 ing table in section 4501. 


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1 Subtitle B—National Defense 

2 Stockpile 

3 SEC. 1411. RELEASE OF MATERIALS NEEDED FOR NATIONAL 

4 DEFENSE PURPOSES FROM THE STRATEGIC 

5 AND CRITICAL MATERIALS STOCKPILE. 

6 (a) AUTHORITY FOR PRESIDENT TO DELEGATE SPE7 CIAL DISPOSAL AUTHORITY OF PRESIDENT FOR RELEASE

8 FOR NATIONAL DEFENSE PURPOSES.—Section 7(a) of the 

9 Strategic and Critical Materials Stock Piling Act (50 

10 U.S.C. 98f(a)) is amended— 

11 (1) in paragraph (1), by striking ‘‘and’’ at the 

12 end; 

13 (2) in paragraph (2), by striking the period at 

14 the end and inserting ‘‘; and’’; and 

15 (3) by adding at the end the following new para16 graph: 

17 ‘‘(3) on the order of the Under Secretary of De18 fense for Acquisition, Technology, and Logistics, if the 

19 President has designated the Under Secretary to have 

20 authority to issue release orders under this subsection 

21 and, in the case of any such order, if the Under Sec22 retary determines that the release of such materials is 

23 required for use, manufacture, or production for pur24 poses of national defense.’’. 


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1 (b) EXCLUSION FROM DELEGATION LIMITATION.— 

2 Section 16 of such Act (50 U.S.C. 98h–7) is amended by 

3 striking ‘‘sections 7 and 13’’ each place it appears and in4 serting ‘‘sections 7(a)(1) and 13’’. 

5 Subtitle C—Chemical 

6 Demilitarization Matters 

7 SEC. 1421. SUPPLEMENTAL CHEMICAL AGENT AND MUNI8 TIONS DESTRUCTION TECHNOLOGIES AT 

9 PUEBLO CHEMICAL DEPOT, COLORADO, AND 

10 BLUE GRASS ARMY DEPOT, KENTUCKY. 

11 (a) SUPPLEMENTAL DESTRUCTION TECHNOLOGIES.— 

12 Section 1412 of the Department of Defense Authorization 

13 Act, 1986 (50 U.S.C. 1521) is amended— 

14 (1) by redesignating subsection (o) as subsection 

15 (p); and 

16 (2) by inserting after subsection (n) the following 

17 new subsection (o): 

18 ‘‘(o) SUPPLEMENTAL DESTRUCTION TECH19 NOLOGIES.—In determining the technologies to supplement 

20 the neutralization destruction of the stockpile of lethal chem21 ical agents and munitions at Pueblo Chemical Depot, Colo22 rado, and Blue Grass Army Depot, Kentucky, the Secretary 

23 of Defense may consider the following: 

24 ‘‘(1) Explosive Destruction Technologies. 


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1 ‘‘(2) Any technologies developed for treatment 

2 and disposal of agent or energetic hydrolysates, if 

3 problems with the current on-site treatment of hy4 drolysates are encountered.’’. 

5 (b) REPEAL OF SUPERSEDED PROVISION.—Section 

6 151 of the Floyd D. Spence National Defense Authorization 

7 Act for Fiscal Year 2001 (as enacted into law by Public 

8 Law 106–398; 114 Stat. 1645A–30) is repealed. 

9 Subtitle D—Other Matters 

10 SEC. 1431. AUTHORIZATION OF APPROPRIATIONS FOR 

11 ARMED FORCES RETIREMENT HOME. 

12 There is hereby authorized to be appropriated for fiscal 

13 year 2013 from the Armed Forces Retirement Home Trust 

14 Fund the sum of $67,590,000 for the operation of the Armed 

15 Forces Retirement Home. 

16 SEC. 1432. ADDITIONAL WEAPONS OF MASS DESTRUCTION 

17 CIVIL SUPPORT TEAMS. 

18 (a) IN GENERAL.—Section 1403 of the Bob Stump Na19 tional Defense Authorization Act for Fiscal Year 2003 (Pub20 lic Law 107–314; 116 Stat. 2676; 10 U.S.C. 12310 note) 

21 is amended— 

22 (1) by striking subsection (b); 

23 (2) by redesignating subsection (c) as subsection 

24 (d); and 


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1 (3) by inserting after subsection (a) the following 

2 new subsections (b) and (c): 

3 ‘‘(b) ESTABLISHMENT OF FURTHER ADDITIONAL

4 TEAMS.—The Secretary of Defense is authorized to have es5 tablished two additional teams designated as Weapons of 

6 Mass Destruction Civil Support teams, beyond the 55 teams 

7 required in subsection (a), if— 

8 ‘‘(1) the Secretary of Defense has made the cer9 tification provided for in section 12310(c)(5) of title 

10 10, United States Code, with respect to each of such 

11 additional teams before December 31, 2011; and 

12 ‘‘(2) the establishment of such additional teams 

13 does not require an increase in authorized personnel 

14 levels above the numbers authorized as of the date of 

15 the enactment of the National Defense Authorization 

16 Act for Fiscal Year 2013. 

17 ‘‘(c) LIMITATION OF ESTABLISHMENT OF FURTHER

18 TEAMS.—No Weapons of Mass Destruction Civil Support 

19 Team may be established beyond the number authorized by 

20 subsections (a) and (b) unless— 

21 ‘‘(1) the Secretary submits to Congress a request 

22 for authority to establish such team, including a de23 tailed justification for their establishment; and 

24 ‘‘(2) the establishment of such team is specifi25 cally authorized by a law enacted after the date of the 


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1 enactment of the National Defense Authorization Act 

2 for Fiscal Year 2013.’’. 

3 (b) REPORT.—Not later than 180 days after the date 

4 of the enactment of this Act, the Secretary of Defense shall 

5 submit to the congressional defense committees a report on 

6 the Weapons of Mass Destruction Civil Support Teams. The 

7 report shall include the following: 

8 (1) A detailed description of risk management 

9 criteria and considerations to be used in determining 

10 the optimal number and location of Weapons of Mass 

11 Destruction Civil Support Teams. 

12 (2) A description of the operational and training 

13 activities conducted by the Weapons of Mass Destruc14 tion Civil Support Teams during each of fiscal years 

15 2010, 2011, and 2012. 

16 (3) An assessment of the optimal number and lo17 cation of Weapons of Mass Destruction Civil Support 

18 Teams in light of the information under paragraphs 

19 (1) and (2). 

20 (4) A comparative analysis of the cost of estab21 lishing Weapons of Mass Destruction Civil Support 

22 Teams in the reserve components of the Armed Forces 

23 (other than the National Guard) with the cost of es24 tablishing Weapons of Mass Destruction Civil Sup25 port Teams in the National Guard. 


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1 (5) A description of the portion of the costs of 

2 Weapons of Mass Destruction Civil Support Teams 

3 that is currently borne by the States. 

4 SEC. 1433. POLICY OF THE UNITED STATES WITH RESPECT 

5 TO A DOMESTIC SUPPLY OF CRITICAL AND 

6 ESSENTIAL MINERALS. 

7 (a) POLICY OF THE UNITED STATES.—It is the policy 

8 of the United States to promote the development of an ade9 quate, reliable, and stable supply of critical and essential 

10 minerals in the United States in order to strengthen and 

11 sustain the military readiness, national security, and crit12 ical infrastructure of the United States. 

13 (b) COORDINATION OF DEVELOPMENT OF SUPPLY OF

14 CRITICAL AND ESSENTIAL MINERALS.—To implement the 

15 policy described in subsection (a), the President shall, act16 ing through the Executive Office of the President, coordinate 

17 the actions of the appropriate federal agencies to identify 

18 opportunities for and to facilitate the development of re19 sources in the United States to meet the critical and essen20 tial mineral needs of the United States. 


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1 TITLE XV—AUTHORIZATION OF 

2 APPROPRIATIONS FOR OVER3 SEAS CONTINGENCY OPER4 ATIONS 

5 Subtitle A—Authorization of 

6 Appropriations 

7 SEC. 1501. PURPOSE. 

8 The purpose of this subtitle is to authorize appropria9 tions for the Department of Defense for fiscal year 2013 

10 to provide additional funds for overseas contingency oper11 ations being carried out by the Armed Forces. 

12 SEC. 1502. PROCUREMENT. 

13 Funds are hereby authorized to be appropriated for fis14 cal year 2013 for procurement accounts for the Army, the 

15 Navy and the Marine Corps, the Air Force, and Defense16 wide activities, as specified in the funding table in section 

17 4102. 

18 SEC. 1503. RESEARCH, DEVELOPMENT, TEST, AND EVALUA19 TION. 

20 Funds are hereby authorized to be appropriated for fis21 cal year 2013 for the use of the Department of Defense for 

22 research, development, test, and evaluation, as specified in 

23 the funding table in section 4202. 


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1 SEC. 1504. OPERATION AND MAINTENANCE. 

2 Funds are hereby authorized to be appropriated for fis3 cal year 2013 for the use of the Armed Forces and other 

4 activities and agencies of the Department of Defense for ex5 penses, not otherwise provided for, for operation and main6 tenance, as specified in the funding table in section 4302. 

7 SEC. 1505. MILITARY PERSONNEL. 

8 Funds are hereby authorized to be appropriated for fis9 cal year 2013 for the use of the Armed Forces and other 

10 activities and agencies of the Department of Defense for ex11 penses, not otherwise provided for, for military personnel, 

12 as specified in the funding table in section 4402. 

13 SEC. 1506. WORKING CAPITAL FUNDS. 

14 Funds are hereby authorized to be appropriated for fis15 cal year 2013 for the use of the Armed Forces and other 

16 activities and agencies of the Department of Defense for 

17 providing capital for working capital and revolving funds, 

18 as specified in the funding table in section 4502. 

19 SEC. 1507. DEFENSE HEALTH PROGRAM. 

20 Funds are hereby authorized to be appropriated for the 

21 Department of Defense for fiscal year 2013 for expenses, not 

22 otherwise provided for, for the Defense Health Program, as 

23 specified in the funding table in section 4502. 


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1 SEC. 1508. DRUG INTERDICTION AND COUNTER-DRUG AC2 TIVITIES, DEFENSE-WIDE. 

3 Funds are hereby authorized to be appropriated for the 

4 Department of Defense for fiscal year 2013 for expenses, not 

5 otherwise provided for, for Drug Interdiction and Counter6 Drug Activities, Defense-wide, as specified in the funding 

7 table in section 4502. 

8 SEC. 1509. DEFENSE INSPECTOR GENERAL. 

9 Funds are hereby authorized to be appropriated for the 

10 Department of Defense for fiscal year 2013 for expenses, not 

11 otherwise provided for, for the Office of the Inspector Gen12 eral of the Department of Defense, as specified in the fund13 ing table in section 4502. 

14 Subtitle B—Financial Matters 

15 SEC. 1521. TREATMENT AS ADDITIONAL AUTHORIZATIONS. 

16 The amounts authorized to be appropriated by this 

17 title are in addition to amounts otherwise authorized to be 

18 appropriated by this Act. 

19 SEC. 1522. SPECIAL TRANSFER AUTHORITY. 

20 (a) AUTHORITY TO TRANSFER AUTHORIZATIONS.— 

21 (1) AUTHORITY.—Upon determination by the 

22 Secretary of Defense that such action is necessary in 

23 the national interest, the Secretary may transfer 

24 amounts of authorizations made available to the De25 partment of Defense in this title for fiscal year 2013 

26 between any such authorizations for that fiscal year 


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1 (or any subdivisions thereof). Amounts of authoriza2 tions so transferred shall be merged with and be 

3 available for the same purposes as the authorization 

4 to which transferred. 

5 (2) LIMITATION.—The total amount of author6 izations that the Secretary may transfer under the 

7 authority of this subsection may not exceed 

8 $4,000,000,000. 

9 (b) TERMS AND CONDITIONS.—Transfers under this 

10 section shall be subject to the same terms and conditions 

11 as transfers under section 1001. 

12 (c) ADDITIONAL AUTHORITY.—The transfer authority 

13 provided by this section is in addition to the transfer au14 thority provided under section 1001. 

15 Subtitle C—Limitations and Other 

16 Matters 

17 SEC. 1531. AFGHANISTAN SECURITY FORCES FUND. 

18 (a) CONTINUATION OF EXISTING LIMITATIONS.— 

19 Funds available to the Department of Defense for the Af20 ghanistan Security Forces Fund for fiscal year 2013 shall 

21 be subject to the conditions contained in subsections (b) 

22 through (g) of section 1513 of the National Defense Author23 ization Act for Fiscal Year 2008 (Public Law 110–181; 122 

24 Stat. 428), as amended by section 1531(b) of the Ike Skelton 


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1 National Defense Authorization Act for Fiscal Year 2011 

2 (Public Law 111–383; 124 Stat. 4424). 

3 (b) AVAILABILITY FOR SUPPORT OF TRAINING OF AF4 GHAN PUBLIC PROTECTION FORCE.—Assistance provided 

5 during fiscal year 2013 utilizing funds in the Afghanistan 

6 Security Forces Fund may be used to increase the capacity 

7 of the Government of Afghanistan to recruit, vet, train, and 

8 manage the Afghan Public Protection Force within the Af9 ghanistan Ministry of Interior, including activities in con10 nection with the following: 

11 (1) Expanding the capacity of the Force to train 

12 and qualify recruits for static security, convoy secu13 rity, and personal detail security. 

14 (2) Improving the infrastructure of the Afghan 

15 Public Protection Force Training Center or other fa16 cilities for training Force personnel. 

17 (3) Increasing the capacity of the Afghanistan 

18 Ministry of Interior to manage the Force. 

19 (4) Improving procedures for recruiting and vet20 ting Force personnel. 

21 (5) Establishing or implementing requirements 

22 for qualifications, training, and accountability con23 sistent with the purposes of section 862 of the Na24 tional Defense Authorization Act for Fiscal Year 2008 

25 (10 U.S.C. 2302 note), to the extent feasible. 


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1 (c) PLAN FOR USE OF AFGHANISTAN SECURITY

2 FORCES FUND THROUGH 2017.—No later than 90 days 

3 after the date of the enactment of this Act, the Secretary 

4 of Defense shall submit to the congressional defense commit5 tees a plan for using funds available to the Department of 

6 Defense to provide assistance to the security forces of Af7 ghanistan through the Afghanistan Security Forces Fund 

8 through September 30, 2017. 

9 SEC. 1532. JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT 

10 FUND. 

11 (a) USE AND TRANSFER OF FUNDS.—Subsections (b) 

12 and (c) of section 1514 of the John Warner National De13 fense Authorization Act for Fiscal Year 2007 (Public Law 

14 109–364; 120 Stat. 2439), as in effect before the amend15 ments made by section 1503 of the Duncan Hunter Na16 tional Defense Authorization Act for Fiscal Year 2009 (Pub17 lic Law 110–417; 122 Stat. 4649), shall apply to the funds 

18 made available to the Department of Defense for the Joint 

19 Improvised Explosive Device Defeat Fund for fiscal year 

20 2013. 

21 (b) AVAILABILITY OF CERTAIN FISCAL YEAR 2013 

22 FUNDS.— 

23 (1) IN GENERAL.—Of the funds made available 

24 to the Department of Defense for the Joint Improvised 

25 Explosive Device Defeat Fund for fiscal year 2013, 


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1 $15,000,000 may be available to the Secretary of De2 fense to provide training, equipment, supplies, and 

3 services to ministries and other entities of the Govern4 ment of Pakistan that the Secretary has identified as 

5 critical for countering the flow of improvised explosive 

6 device precursor chemicals from Pakistan to locations 

7 in Afghanistan. 

8 (2) PROVISION THROUGH OTHER US AGEN9 CIES.—If jointly agreed upon by the Secretary of De10 fense and the head of another department or agency 

11 of the United States Government, the Secretary of De12 fense may transfer funds available under paragraph 

13 (1) to such department or agency for the provision of 

14 training, equipment, supplies, and services to min15 istries and other entities of the Government of Paki16 stan as described in that paragraph by such depart17 ment or agency. 

18 (3) NOTICE TO CONGRESS.—Funds may not be 

19 used under the authority in paragraph (1) until 15 

20 days after the date on which the Secretary of Defense 

21 submits to the congressional defense committees a no22 tice on the training, equipment, supplies, and services 

23 to be provided using such funds. 

24 (c) EXPIRATION.—This section shall cease to be effec25 tive on December 31, 2013. 


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1 SEC. 1533. PLAN FOR TRANSITION IN FUNDING OF UNITED 

2 STATES SPECIAL OPERATIONS COMMAND 

3 FROM SUPPLEMENTAL FUNDING FOR OVER4 SEAS CONTINGENCY OPERATIONS TO RECUR5 RING FUNDING UNDER THE FUTURE-YEARS 

6 DEFENSE PROGRAM. 

7 The Secretary of Defense shall submit to the congres8 sional defense committees, at the same time as the budget 

9 of the President for fiscal year 2014 is submitted to Con10 gress pursuant to section 1105(a) of title 31, United States 

11 Code, a plan for the transition of funding of the United 

12 States Special Operations Command from funds authorized 

13 to be appropriated for overseas contingency operations 

14 (commonly referred to as the ‘‘overseas contingency oper15 ations budget’’) to funds authorized to be appropriated for 

16 recurring operations of the Department of Defense in ac17 cordance with applicable future-years defense programs 

18 under section 221 of title 10, United States Code (commonly 

19 referred to as the ‘‘base budget’’). 

20 SEC. 1534. EXTENSION OF AUTHORITY ON TASK FORCE FOR 

21 BUSINESS AND STABILITY OPERATIONS IN 

22 AFGHANISTAN. 

23 Section 1535(a) of the Ike Skelton National Defense 

24 Authorization Act for Fiscal Year 2011 (Public Law 111– 

25 383; 124 Stat. 4426), as amended by section 1534 of the 


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1 National Defense Authorization Act for Fiscal Year 2012 

2 (Public Law 112–81; 125 Stat. 1658), is further amended— 

3 (1) in the second sentence of paragraph (4)— 

4 (A) by striking ‘‘The amount of funds used’’ 

5 and inserting ‘‘The amount of fund obligated’’; 

6 (B) by inserting ‘‘and $93,000,000 for fiscal 

7 year 2013’’ after ‘‘fiscal year 2012’’; and 

8 (C) by inserting ‘‘for fiscal year 2012’’ after 

9 ‘‘except that’’; 

10 (2) in paragraph (6), by striking ‘‘October 31, 

11 2011, and October 31, 2012’’ and inserting ‘‘October 

12 31 of each of 2011, 2012, and 2013’’; and 

13 (3) in paragraph (7)— 

14 (A) by striking ‘‘provided in’’ and inserting 

15 ‘‘to obligate funds for projects under’’; and 

16 (B) by striking ‘‘September 30, 2012’’ and 

17 inserting ‘‘September 30, 2013’’. 

18 SEC. 1535. ASSESSMENTS OF TRAINING ACTIVITIES AND IN19 TELLIGENCE ACTIVITIES OF THE JOINT IM20 PROVISED EXPLOSIVE DEVICE DEFEAT ORGA21 NIZATION. 

22 (a) TRAINING ACTIVITIES.— 

23 (1) IN GENERAL.—Not later than 180 days after 

24 the date of the enactment of this Act, the Secretary of 

25 Defense shall, in consultation with the Chairman of 


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1 Joint Chiefs of Staff and the other chiefs of staff of 

2 the Armed Forces, submit to the congressional defense 

3 committees a report setting forth an assessment of the 

4 training-related activities of the Joint Improvised Ex5 plosive Device Defeat Organization (JIEDDO). 

6 (2) ELEMENTS.—The assessment required by 

7 paragraph (1) shall— 

8 (A) include all training programs and func9 tions executed by the Joint Improvised Explosive 

10 Device Defeat Organization in support of the 

11 United States Armed Forces or coalition part12 ners; 

13 (B) identify any program or function which 

14 is duplicated elsewhere within the Department of 

15 Defense; and 

16 (C) assess the value of maintaining such 

17 duplication. 

18 (3) FORM.—The report required by paragraph 

19 (1) shall be submitted in unclassified form, but may 

20 include a classified annex. 

21 (4) LIMITATION.—No training-related program 

22 may be initiated by the Joint Improvised Explosive 

23 Device Defeat Organization between the date of the 

24 enactment of this Act and the date of the submittal 

25 of the report required by paragraph (1). 


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1 (b) INTELLIGENCE ACTIVITIES.— 

2 (1) IN GENERAL.—Not later than 180 days after 

3 the date of the enactment of this Act, the Secretary of 

4 Defense shall, in consultation with the Director of Na5 tional Intelligence, submit to the congressional defense 

6 committees a report setting forth an assessment of the 

7 activities of the Counter-Improvised-Explosive-Device 

8 Operations Integration Center of the Joint Impro9 vised Explosive Device Defeat Organization. 

10 (2) ELEMENTS.—The assessment required by 

11 paragraph (1) shall— 

12 (A) include all intelligence analysis pro13 grams and functions executed by the Counter-Im14 provised-Explosive-Device Operations Integra15 tion Center in support of the United States Gov16 ernment or coalition partners; 

17 (B) identify any program or function which 

18 is duplicated elsewhere within the Department of 

19 Defense, including the intelligence components of 

20 the Department, or the intelligence community of 

21 the United States; and 

22 (C) assess the value of maintaining such 

23 duplication. 


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1 (3) FORM.—The report required by paragraph 

2 (2) shall be submitted in unclassified form, but may 

3 include a classified annex. 

4 SEC. 1536. SUBMITTAL TO CONGRESS OF RISK ASSESS5 MENTS ON CHANGES IN UNITED STATES 

6 TROOP LEVELS IN AFGHANISTAN. 

7 (a) SUBMITTAL REQUIRED.—Not later than 30 days 

8 after a decision by the President to change the levels of 

9 United States Armed Forces deployed in Afghanistan, the 

10 Chairman of the Joint Chiefs of Staff shall, through the Sec11 retary of Defense, submit to the congressional defense com12 mittees a detailed assessment of the risk to the United States 

13 mission and interests in Afghanistan as the change in levels 

14 is implemented. 

15 (b) ELEMENTS.—The risk assessment under subsection 

16 (a) on a change in levels of United States Armed Forces 

17 in Afghanistan shall include the following: 

18 (1) A description of the current security situa19 tion in Afghanistan. 

20 (2) A description of any anticipated changes to 

21 United States military operations and objectives in 

22 Afghanistan associated with such change in levels. 

23 (3) An identification and assessment of any 

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1 ity support, in Afghanistan associated with such 

2 change in levels. 

3 (4) An identification and assessment of the risk 

4 associated with any changes in United States mis5 sion, military capabilities, operations, and objectives 

6 in Afghanistan associated with such change in levels. 

7 (5) An identification and assessment of any ca8 pability gaps within the Afghanistan security forces 

9 that will impact their ability to conduct operations 

10 following such change in levels. 

11 (6) An identification and assessment of the risk 

12 associated with the transition of combat responsibil13 ities to the Afghanistan security forces following such 

14 change in levels. 

15 (7) An assessment of the impact of such change 

16 in levels on coalition military contributions to the 

17 mission in Afghanistan. 

18 (8) A description of the assumptions to be in 

19 force regarding the security situation in Afghanistan 

20 following such change in levels. 

21 (9) Such other matters regarding such change in 

22 levels as the Chairman considers appropriate. 


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1 SEC. 1537. REPORT ON INSIDER ATTACKS IN AFGHANISTAN 

2 AND THEIR EFFECT ON THE UNITED STATES 

3 TRANSITION STRATEGY FOR AFGHANISTAN. 

4 (a) REPORT.—Not later than 180 days after the date 

5 of the enactment of this Act, the Secretary of Defense shall, 

6 in consultation with the Secretary of State and the Com7 mander of North Atlantic Treaty Organization/Inter8 national Security Assistance Force forces in Afghanistan, 

9 submit to Congress a report on the attacks and associated 

10 threats by Afghanistan National Security Forces personnel, 

11 Afghanistan National Security Forces impersonators, and 

12 private security contractors against United States, Afghan13 istan, and coalition military and civilian personnel (‘‘in14 sider attacks’’) in Afghanistan, and the effect of these at15 tacks on the overall transition strategy in Afghanistan. 

16 (b) ELEMENTS.—The report required by subsection (a) 

17 shall include the following: 

18 (1) A description of the nature and proximate 

19 causes of the attacks described in subsection (a), in20 cluding the following: 

21 (A) An estimate of the number of such at22 tacks on United States, Afghanistan, and coali23 tion military personnel since January 1, 2007. 

24 (B) An estimate of the number of United 

25 States, Afghanistan, and coalition personnel 

26 killed or wounded in such attacks. 


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1 (C) The circumstances or conditions that 

2 may have influenced such attacks. 

3 (D) An assessment of the threat posed by in4 filtration, and a best assessment of the extent of 

5 infiltration by insurgents into the Afghanistan 

6 National Security Forces. 

7 (E) A description of trends in the preva8 lence of such attacks, including where such at9 tacks occur, the political and ethnic affiliation of 

10 attackers, and the targets of attackers. 

11 (2) A description of the restrictions and other ac12 tions taken by the United States and North Atlantic 

13 Treaty Organization/International Security Assist14 ance Force forces to protect military and civilian per15 sonnel from future insider attacks, including meas16 ures in predeployment training. 

17 (3) A description of the actions taken by the 

18 Government of Afghanistan to prevent and respond to 

19 insider attacks, including improved vetting practices. 

20 (4) A description of the insider threat-related 

21 factors that will influence the size and scope of the 

22 post-2014 training mission for the Afghanistan Na23 tional Security Forces. 

24 (5) An assessment of the impact of the insider 

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1 tion strategy in Afghanistan and its prospects for suc2 cess, including an assessment how such insider at3 tacks impact— 

4 (A) partner operations between North At5 lantic Treaty Organization/International Secu6 rity Assistance Force forces and Afghanistan Na7 tional Security Forces; 

8 (B) training programs for the Afghanistan 

9 National Security Forces, including proposed 

10 training plans to be executed during the post11 2014 training mission for the Afghanistan Na12 tional Security Forces; 

13 (C) United States Special Forces training 

14 of the Afghan Local Police and its integration 

15 into the Afghanistan National Security Forces; 

16 and 

17 (D) the willingness of North Atlantic Treaty 

18 Organization/International Security Assistance 

19 Force allies to maintain forces in Afghanistan or 

20 commit to the post-2014 training mission for the 

21 Afghanistan National Security Forces. 

22 (6) An assessment of the impact that a reduction 

23 in training and partnering would have on the inde24 pendent capabilities of the Afghanistan National Se25 curity Forces, and whether the training of the AfVerDate Mar 15 2010 01:32 Dec 07, 2012 Jkt 029200 PO 00000 Frm 00816 Fmt 6652 Sfmt 6203 E:\SENENR\H4310.PP H4310

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1 ghanistan National Security Forces should remain a 

2 key component of the United States and North Atlan3 tic Treaty Organization strategy in Afghanistan. 

4 (c) UNCLASSIFIED EXECUTIVE SUMMARY.—The report 

5 submitted under subsection (b) shall include an executive 

6 summary of the contents of the report in unclassified form. 

7 TITLE XVI—MILITARY COM8 PENSATION AND RETIRE9 MENT MODERNIZATION COM10 MISSION 

11 SEC. 1601. SHORT TITLE. 

12 This title may be cited as the ‘‘Military Compensation 

13 and Retirement Modernization Commission Act of 2012’’. 

14 SEC. 1602. PURPOSE. 

15 The purpose of this title is to establish a Commission 

16 to review and make recommendations to modernize the 

17 military compensation and retirement systems in order 

18 to— 

19 (1) ensure the long-term viability of the All-Vol20 unteer Force; 

21 (2) enable the quality of life for members of the 

22 Armed Forces and the other uniformed services and 

23 their families in a manner that fosters successful re24 cruitment, retention, and careers for members of the 

25 Armed Forces and the other uniformed services; and 


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1 (3) modernize and achieve fiscal sustainability 

2 for the compensation and retirements systems for the 

3 Armed Forces and the other uniformed services for the 

4 21st century. 

5 SEC. 1603. DEFINITIONS. 

6 In this title: 

7 (1) The term ‘‘military compensation and retire8 ment systems’’ means the military compensation sys9 tem and the military retirement system. 

10 (2) The term ‘‘military compensation system’’ 

11 means provisions of law providing eligibility for and 

12 the computation of military compensation, including 

13 regular military compensation, special and incentive 

14 pays and allowances, medical and dental care, edu15 cational assistance and related benefits, and com16 missary and exchange benefits and related benefits 

17 and activities. 

18 (3) The term ‘‘military retirement system’’ 

19 means retirement benefits, including retired pay 

20 based upon service in the uniformed services and sur21 vivor annuities based upon such service. 

22 (4) The term ‘‘Armed Forces’’ has the meaning 

23 given the term ‘‘armed forces’’ in section 101(a)(4) of 

24 title 10, United States Code. 


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1 (5) The term ‘‘uniformed services’’ has the mean2 ing given that term in section 101(a)(5) of title 10, 

3 United States Code. 

4 (6) The term ‘‘Secretary’’ means the Secretary of 

5 Defense. 

6 (7) The term ‘‘Commission’’ means the commis7 sion established under section 1604. 

8 (8) The term ‘‘Commission establishment date’’ 

9 means the first day of the first month beginning on 

10 or after the date of the enactment of this Act. 

11 (9) The terms ‘‘veterans service organization’’ 

12 and ‘‘military-related advocacy group or association’’ 

13 mean an organization the primary purpose of which 

14 is to advocate for veterans, military personnel, mili15 tary retirees, or military families. 

16 SEC. 1604. MILITARY COMPENSATION AND RETIREMENT 

17 MODERNIZATION COMMISSION. 

18 (a) ESTABLISHMENT.—There is established in the exec19 utive branch an independent commission to be known as 

20 the Military Compensation and Retirement Modernization 

21 Commission. The Commission shall be considered an inde22 pendent establishment of the Federal Government as defined 

23 by section 104 of title 5, United States Code, and a tem24 porary organization under section 3161 of such title. 

25 (b) APPOINTMENT.— 


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1 (1) IN GENERAL.— 

2 (A) MEMBERS.—The Commission shall be 

3 composed of nine members appointed by the 

4 President, in consultation with— 

5 (i) the Chairman and Ranking Mem6 ber of the Committee on Armed Services of 

7 the Senate; and 

8 (ii) the Chairman and Ranking Mem9 ber of the Committee on Armed Services of 

10 the House of Representatives. 

11 (B) DEADLINE FOR APPOINTMENT.—The 

12 President shall make appointments to the Com13 mission not later than six months after the Com14 mission establishment date. 

15 (C) TERMINATION FOR LACK OF APPOINT16 MENT.—If the President does not make all ap17 pointments to the Commission on or before the 

18 date specified in subparagraph (B), the Commis19 sion shall be terminated. 

20 (2) QUALIFICATIONS OF INDIVIDUALS AP21 POINTED.—In appointing individuals to the Commis22 sion, the President shall— 

23 (A) ensure that— 

24 (i) there are members with significant 

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1 tirement systems, including the military 

2 compensation and retirement systems, pri3 vate sector compensation, retirement, or 

4 human resource systems, and actuarial 

5 science; 

6 (ii) at least five members have active7 duty military experience, including— 

8 (I) at least one of whom has ac9 tive-duty experience as an enlisted 

10 member; and 

11 (II) at least one of whom has ex12 perience as a member of a reserve com13 ponent; and 

14 (iii) at least one member was the 

15 spouse of a member of the Armed Forces, or, 

16 in the sole determination of the President, 

17 has significant experience in military fam18 ily matters; and 

19 (B) select individuals who are knowledge20 able and experienced with the uniformed services 

21 and military compensation and retirement 

22 issues. 

23 (3) LIMITATION.—The President may not ap24 point to the Commission an individual who within 

25 the preceding year has been employed by a veterans 


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1 service organization or military-related advocacy 

2 group or association. 

3 (4) CHAIR.—At the time the President appoints 

4 the members of the Commission, the President shall 

5 designate one of the members to be Chair of the Com6 mission. The individual designated as Chair of the 

7 Commission shall be a person who has expertise in 

8 the military compensation and retirement systems. 

9 The Chair, or the designee of the Chair, shall preside 

10 over meetings of the Commission and be responsible 

11 for establishing the agenda of Commission meetings 

12 and hearings. 

13 (c) TERMS.—Members shall be appointed for the life 

14 of the Commission (subject to subsection (b)(3)). A vacancy 

15 in the Commission shall not affect its powers, and shall be 

16 filled in the same manner as the original appointment was 

17 made. 

18 (d) STATUS AS FEDERAL EMPLOYEES.—Notwith19 standing the requirements of section 2105 of title 5, United 

20 States Code, including the required supervision under sub21 section (a)(3) of such section, the members of the Commis22 sion shall be deemed Federal employees. 

23 SEC. 1605. COMMISSION HEARINGS AND MEETINGS. 

24 (a) IN GENERAL.—The Commission shall conduct 

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1 eration. Any such hearing, except a hearing in which classi2 fied information is to be considered, shall be open to the 

3 public. Any hearing open to the public shall be announced 

4 on a Federal website at least 14 days in advance. For all 

5 hearings open to the public, the Commission shall release 

6 an agenda and a listing of materials relevant to the topics 

7 to be discussed. 

8 (b) MEETINGS.— 

9 (1) INITIAL MEETING.—The Commission shall 

10 hold its initial meeting not later than 30 days after 

11 the date as of which all members have been appointed. 

12 (2) SUBSEQUENT MEETINGS.—After its initial 

13 meeting, the Commission shall meet upon the call of 

14 the Chair or a majority of its members. 

15 (3) PUBLIC MEETINGS.—Each meeting of the 

16 Commission shall be held in public unless any mem17 ber objects. 

18 (c) QUORUM.—Five members of the Commission shall 

19 constitute a quorum, but a lesser number may hold hear20 ings. 

21 (d) PUBLIC COMMENTS.— 

22 (1) IN GENERAL.—The Commission shall seek 

23 written comments from the general public and inter24 ested parties on measures to modernize the military 

25 compensation and retirement systems. Comments 


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1 shall be requested through a solicitation in the Fed2 eral Register and announcement on the Internet 

3 website of the Commission. 

4 (2) PERIOD FOR SUBMITTAL.—The period for the 

5 submittal of comments pursuant to the solicitation 

6 under paragraph (1) shall end not earlier than 30 

7 days after the date of the solicitation and shall end 

8 on or before the date on which the Secretary transmits 

9 the recommendations of the Secretary to the Commis10 sion under section 1606(b). 

11 (3) USE BY COMMISSION.—The Commission shall 

12 consider the comments submitted under this sub13 section when developing its recommendations. 

14 SEC. 1606. PRINCIPLES AND PROCEDURE FOR COMMISSION 

15 RECOMMENDATIONS. 

16 (a) PRINCIPLES.— 

17 (1) CONTEXT OF COMMISSION REVIEW.—The 

18 Commission shall conduct a review of the military 

19 compensation and retirement systems in the context of 

20 all elements of the current military compensation and 

21 retirement systems, force management objectives, and 

22 changes in life expectancy and the labor force. 

23 (2) DEVELOPMENT OF COMMISSION REC24 OMMENDATIONS.— 


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1 (A) CONSISTENCY WITH PRESIDENTIAL

2 PRINCIPLES.—The Commission shall develop rec3 ommendations for modernizing the military com4 pensation and retirement systems that are con5 sistent with principles established by the Presi6 dent under paragraph (3). 

7 (B) GRANDFATHERING.—The recommenda8 tions of the Commission may not apply to any 

9 person who first becomes a member of a uni10 formed service before the date of the enactment of 

11 a military compensation and retirement mod12 ernization Act pursuant to this title (except that 

13 such recommendations may include provisions 

14 allowing for such a member to make a voluntary 

15 election to be covered by some or all of the provi16 sions of such recommendations). 

17 (3) PRESIDENTIAL PRINCIPLES.—Not later than 

18 five months after the Commission establishment date, 

19 the President shall establish and transmit to the Com20 mission and Congress principles for modernizing the 

21 military compensation and retirement systems. The 

22 principles established by the President shall address 

23 the following: 

24 (A) Maintaining recruitment and retention 

25 of the best military personnel. 


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1 (B) Modernizing the active and reserve 

2 military compensation and retirement systems. 

3 (C) Differentiating between active and re4 serve military service. 

5 (D) Differentiating between service in the 

6 Armed Forces and service in the other uniformed 

7 services. 

8 (E) Assisting with force management. 

9 (F) Ensuring the fiscal sustainability of the 

10 military compensation and retirement systems. 

11 (b) SECRETARY OF DEFENSE RECOMMENDATIONS.— 

12 (1) IN GENERAL.—Not later than nine months 

13 after the Commission establishment date, the Sec14 retary shall transmit to the Commission the rec15 ommendations of the Secretary for military com16 pensation and retirement modernization. The Sec17 retary shall concurrently transmit the recommenda18 tions to Congress. 

19 (2) DEVELOPMENT OF RECOMMENDATIONS.—The 

20 Secretary shall develop the recommendations of the 

21 Secretary under paragraph (1)— 

22 (A) on the basis of the principles established 

23 by the President pursuant to subsection (a)(3); 

24 (B) in consultation with the Secretary of 

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1 ommendations concerning members of the Coast 

2 Guard; 

3 (C) in consultation with the Secretary of 

4 Health and Human Services, with respect to rec5 ommendations concerning members of the Public 

6 Health Service; 

7 (D) in consultation with the Secretary of 

8 Commerce, with respect to recommendations con9 cerning members of the National Oceanic and 

10 Atmospheric Administration; and 

11 (E) in consultation with the Director of the 

12 Office of Management and Budget. 

13 (3) JUSTIFICATION.—The Secretary shall include 

14 with the recommendations under paragraph (1) the 

15 justification of the Secretary for each recommenda16 tion. 

17 (4) AVAILABILITY OF INFORMATION.—The Sec18 retary shall make available to the Commission and to 

19 Congress the information used by the Secretary to 

20 prepare the recommendations of the Secretary under 

21 paragraph (1). 

22 (c) COMMISSION HEARINGS ON RECOMMENDATIONS OF

23 SECRETARY.—After receiving from the Secretary the rec24 ommendations of the Secretary for military compensation 

25 and retirement modernization pursuant to subsection (b), 


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1 the Commission shall conduct public hearings on the rec2 ommendations. 

3 (d) COMMISSION REPORT AND RECOMMENDATIONS.— 

4 (1) REPORT.—Not later than 15 months after the 

5 Commission establishment date, the Commission shall 

6 transmit to the President a report containing the 

7 findings and conclusions of the Commission, together 

8 with the recommendations of the Commission for the 

9 modernization of the military compensation and re10 tirement systems. The Commission shall include in 

11 the report legislative language to implement the rec12 ommendations of the Commission. The findings and 

13 conclusions in the report shall be based on the review 

14 and analysis by the Commission of the recommenda15 tions of the Secretary. 

16 (2) REQUIREMENT FOR APPROVAL.—The rec17 ommendations of the Commission must be approved 

18 by at least five members of the Commission before the 

19 recommendations may be transmitted to the President 

20 under paragraph (1). 

21 (3) PROCEDURES FOR CHANGING RECOMMENDA22 TIONS OF SECRETARY.—The Commission may make a 

23 change described in paragraph (4) in the rec24 ommendations made by the Secretary only if the 

25 Commission— 


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1 (A) determines that the change is consistent 

2 with the principles established by the President 

3 under subsection (a)(3); 

4 (B) publishes a notice of the proposed 

5 change not less than 45 days before transmitting 

6 its recommendations to the President pursuant 

7 to paragraph (1); and 

8 (C) conducts a public hearing on the pro9 posed change. 

10 (4) COVERED CHANGES.—Paragraph (3) applies 

11 to a change by the Commission in the recommenda12 tions of the Secretary that would— 

13 (A) add a new recommendation; 

14 (B) delete a recommendation; or 

15 (C) substantially change a recommendation. 

16 (5) EXPLANATION AND JUSTIFICATION FOR

17 CHANGES.—The Commission shall explain and justify 

18 in its report submitted to the President under para19 graph (1) any recommendation made by the Commis20 sion that is different from the recommendations made 

21 by the Secretary pursuant to subsection (b). 

22 (6) TRANSMITTAL TO CONGRESS.—The Commis23 sion shall transmit a copy of its report to Congress 

24 on the same date on which it transmits its report to 

25 the President under paragraph (1). 


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1 SEC. 1607. CONSIDERATION OF COMMISSION REC2 OMMENDATIONS BY THE PRESIDENT AND 

3 CONGRESS. 

4 (a) REVIEW BY THE PRESIDENT.— 

5 (1) REPORT OF PRESIDENTIAL APPROVAL OR

6 DISAPPROVAL.—Not later than 60 days after the date 

7 on which the Commission transmits its report to the 

8 President under section 1606(d), the President shall 

9 transmit to the Commission and to Congress a report 

10 containing the approval or disapproval by the Presi11 dent of the recommendations of the Commission in the 

12 report. 

13 (2) PRESIDENTIAL APPROVAL.—If in the report 

14 under paragraph (1) the President approves all the 

15 recommendations of the Commission, the President 

16 shall include with the report the following: 

17 (A) A copy of the recommendations of the 

18 Commission. 

19 (B) The certification by the President of the 

20 approval of the President of each recommenda21 tion. 

22 (C) The legislative language transmitted by 

23 the Commission to the President as part of the 

24 report of the Commission under section 

25 1606(d)(1). 

26 (3) PRESIDENTIAL DISAPPROVAL.— 


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1 (A) REASONS FOR DISAPPROVAL.—If in the 

2 report under paragraph (1) the President dis3 approves the recommendations of the Commis4 sion, in whole or in part, the President shall in5 clude in the report the reasons for that dis6 approval. 

7 (B) REVISED RECOMMENDATIONS FROM

8 COMMISSION.—The Commission shall then trans9 mit to the President, not later one month after 

10 the date of the report of the President under 

11 paragraph (1), revised recommendations for the 

12 modernization of the military compensation and 

13 retirement systems, together with revised legisla14 tive language to implement the revised rec15 ommendations of the Commission. 

16 (4) ACTION ON REVISED RECOMMENDATIONS.—If 

17 the President approves all of the revised recommenda18 tions of the Commission transmitted pursuant to 

19 paragraph (3)(B), the President shall transmit to 

20 Congress, not later than one month after receiving the 

21 revised recommendations, the following: 

22 (A) A copy of the revised recommendations. 

23 (B) The certification by the President of the 

24 approval of the President of each recommenda25 tion as so revised. 


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1 (C) The revised legislative language trans2 mitted to the President under paragraph (3)(B). 

3 (5) TERMINATION OF COMMISSION.—If the Presi4 dent does not transmit to Congress an approval and 

5 certification described in paragraph (2) or (4) in ac6 cordance with the applicable deadline under such 

7 paragraph, the Commission shall be terminated not 

8 later than one month after the expiration of the pe9 riod for transmittal of a report under paragraph (4). 

10 (b) CONSIDERATION BY CONGRESS.— 

11 (1) RULEMAKING.—The provisions of this sub12 section are enacted by Congress— 

13 (A) as an exercise of the rulemaking power 

14 of the Senate and the House of Representatives, 

15 respectively, and as such they shall be considered 

16 as part of the rules of each House, respectively, 

17 or of that House to which they specifically apply, 

18 and such rules supersede other rules only to the 

19 extent that they are inconsistent therewith; and 

20 (B) with full recognition of the constitu21 tional right of either House to change such rules 

22 (so far as relating to the procedure of that 

23 House) at any time, in the same manner and to 

24 the same extent as in the case of any other rule 

25 of that House. 


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1 (2) MILITARY COMPENSATION AND RETIREMENT

2 MODERNIZATION BILL.—For the purpose of this sub3 section, the term ‘‘military compensation and retire4 ment modernization bill’’ means only a bill consisting 

5 of the proposed legislative language recommended by 

6 the Commission and submitted to Congress by the 

7 President pursuant to subsection (a). 

8 (3) INTRODUCTION OF LEGISLATIVE PROPOSAL IN

9 HOUSE AND SENATE.—If the President transmits to 

10 Congress under subsection (a) a copy of the rec11 ommendations of the Commission (including the legis12 lative language recommended by the Commission), to13 gether with a certification of the approval of the 

14 President of the recommendations, the proposed legis15 lative language recommended by the Commission and 

16 submitted to Congress by the President pursuant to 

17 that subsection— 

18 (A) shall be introduced in the Senate (by re19 quest) on the next day on which the Senate is in 

20 session by the chairman of the Committee on 

21 Armed Services of the Senate; and 

22 (B) shall be introduced in the House of 

23 Representatives (by request) on the next legisla24 tive day by the chair of the Committee on Armed 

25 Services of the House of Representatives. 


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1 (4) CONSIDERATION IN THE HOUSE OF REP2 RESENTATIVES.— 

3 (A) REFERRAL AND REPORTING.—Any com4 mittee of the House of Representatives to which 

5 the military compensation and retirement mod6 ernization bill is referred shall report it to the 

7 House without amendment not later than the 

8 end of the 60-day period beginning on the date 

9 on which the bill is introduced. If a committee 

10 fails to report the bill to the House within that 

11 period, it shall be in order to move that the 

12 House discharge the committee from further con13 sideration of the bill. Such a motion shall not be 

14 in order after the last committee authorized to 

15 consider the bill reports it to the House or after 

16 the House has disposed of a motion to discharge 

17 the bill. The previous question shall be considered 

18 as ordered on the motion to its adoption without 

19 intervening motion except 20 minutes of debate 

20 equally divided and controlled by the proponent 

21 and an opponent. If such a motion is adopted, 

22 the House shall proceed immediately to consider 

23 the Commission bill in accordance with subpara24 graphs (B) and (C). A motion to reconsider the 


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1 vote by which the motion is disposed of shall not 

2 be in order. 

3 (B) PROCEEDING TO CONSIDERATION.— 

4 After the last committee authorized to consider a 

5 military compensation and retirement mod6 ernization bill reports it to the House or has 

7 been discharged (other than by motion) from its 

8 consideration, it shall be in order to move to pro9 ceed to consider the military compensation and 

10 retirement modernization bill in the House. Such 

11 a motion shall not be in order after the House 

12 has disposed of a motion to proceed with respect 

13 to the military compensation and retirement 

14 modernization bill. The previous question shall 

15 be considered as ordered on the motion to its 

16 adoption without intervening motion. A motion 

17 to reconsider the vote by which the motion is dis18 posed of shall not be in order. 

19 (C) CONSIDERATION.—The military com20 pensation and retirement modernization bill 

21 shall be considered as read. All points of order 

22 against the bill and against its consideration are 

23 waived. The previous question shall be considered 

24 as ordered on the bill to its passage without in25 tervening motion except 2 hours of debate equally 


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1 divided and controlled by the proponent and an 

2 opponent and one motion to limit debate on the 

3 bill. A motion to reconsider the vote on passage 

4 of the bill shall not be in order. 

5 (D) VOTE ON PASSAGE.—The vote on pas6 sage of the military compensation and retire7 ment modernization bill shall occur not later 

8 than the end of the 90-day period beginning on 

9 the date on which the bill is introduced. 

10 (5) EXPEDITED PROCEDURE IN THE SENATE.— 

11 (A) COMMITTEE CONSIDERATION.—A mili12 tary compensation and retirement modernization 

13 bill introduced in the Senate under subsection 

14 (a) shall be jointly referred to the committee or 

15 committees of jurisdiction, which committees 

16 shall report the bill without any revision and 

17 with a favorable recommendation, an unfavor18 able recommendation, or without recommenda19 tion, not later than the end of the 60-day period 

20 beginning on the date on which the bill is intro21 duced. If any committee fails to report the bill 

22 within that period, that committee shall be auto23 matically discharged from consideration of the 

24 bill, and the bill shall be placed on the appro25 priate calendar. 


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1 (B) MOTION TO PROCEED.—Notwith2 standing Rule XXII of the Standing Rules of the 

3 Senate, it is in order, not later than 2 days of 

4 session after the date on which a military com5 pensation and retirement modernization bill is 

6 reported or discharged from all committees to 

7 which it was referred, for the majority leader of 

8 the Senate or the majority leader’s designee to 

9 move to proceed to the consideration of the mili10 tary compensation and retirement modernization 

11 bill. It shall also be in order for any Member of 

12 the Senate to move to proceed to the consider13 ation of the military compensation and retire14 ment modernization bill at any time after the 

15 conclusion of such 2-day period. A motion to 

16 proceed is in order even though a previous mo17 tion to the same effect has been disagreed to. All 

18 points of order against the motion to proceed to 

19 the military compensation and retirement mod20 ernization bill are waived. The motion to proceed 

21 is not debatable. The motion is not subject to a 

22 motion to postpone. A motion to reconsider the 

23 vote by which the motion is agreed to or dis24 agreed to shall not be in order. If a motion to 

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1 pensation and retirement modernization bill is 

2 agreed to, the military compensation and retire3 ment modernization bill shall remain the unfin4 ished business until disposed of. 

5 (C) CONSIDERATION.—All points of order, 

6 other than budget points of order, against the 

7 military compensation and retirement mod8 ernization bill and against consideration of the 

9 bill are waived. Consideration of the bill and of 

10 all debatable motions and appeals in connection 

11 therewith shall not exceed a total of 10 hours 

12 which shall be divided equally between the ma13 jority and minority leaders or their designees. A 

14 motion further to limit debate on the bill is in 

15 order, shall require an affirmative vote of three16 fifths of the Members duly chosen and sworn, 

17 and is not debatable. Any debatable motion or 

18 appeal is debatable for not to exceed 1 hour, to 

19 be divided equally between those favoring and 

20 those opposing the motion or appeal. All time 

21 used for consideration of the bill, including time 

22 used for quorum calls and voting, shall be count23 ed against the total 10 hours of consideration. 

24 (D) NO AMENDMENTS.—An amendment to 

25 the Commission bill, or a motion to postpone, or 


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1 a motion to proceed to the consideration of other 

2 business, or a motion to recommit the Commis3 sion bill, is not in order. 

4 (E) VOTE ON PASSAGE.—If the Senate has 

5 voted to proceed to the military compensation 

6 and retirement modernization bill, the vote on 

7 passage of the bill shall occur immediately fol8 lowing the conclusion of the debate on a military 

9 compensation and retirement modernization bill, 

10 and a single quorum call at the conclusion of the 

11 debate if requested. The vote on passage of the 

12 bill shall occur not later the end of the 90-day 

13 period beginning on the date on which the bill 

14 is introduced. 

15 (F) RULINGS OF THE CHAIR ON PROCE16 DURE.—Appeals from the decisions of the Chair 

17 relating to the application of the rules of the 

18 Senate, as the case may be, to the procedure re19 lating to a military compensation and retire20 ment modernization bill shall be decided without 

21 debate. 

22 (6) AMENDMENT.—The military compensation 

23 and retirement modernization bill shall not be subject 

24 to amendment in either the House of Representatives 

25 or the Senate. 


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1 (7) CONSIDERATION BY THE OTHER HOUSE.—If, 

2 before passing the military compensation and retire3 ment modernization bill, one House receives from the 

4 other a military compensation and retirement mod5 ernization bill— 

6 (A) the military compensation and retire7 ment modernization bill of the other House shall 

8 not be referred to a committee; and 

9 (B) the procedure in the receiving House 

10 shall be the same as if no military compensation 

11 and retirement modernization bill had been re12 ceived from the other House until the vote on 

13 passage, when the military compensation and re14 tirement modernization bill received from the 

15 other House shall supplant the military com16 pensation and retirement modernization bill of 

17 the receiving House. 

18 SEC. 1608. PAY FOR MEMBERS OF THE COMMISSION. 

19 (a) IN GENERAL.—Each member, other than the 

20 Chair, of the Commission shall be paid at a rate equal to 

21 the daily equivalent of the annual rate of basic pay payable 

22 for level IV of the Executive Schedule under section 5315 

23 of title 5, United States Code, for each day (including travel 

24 time) during which the member is engaged in the actual 

25 performance of duties vested in the Commission. 


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1 (b) CHAIR.—The Chair of the Commission shall be 

2 paid at a rate equal to the daily equivalent of the annual 

3 rate of basic pay payable for level III of the Executive 

4 Schedule under section 5314, of title 5, United States Code, 

5 for each day (including travel time) during which the mem6 ber is engaged in the actual performance of duties vested 

7 in the Commission. 

8 SEC. 1609. EXECUTIVE DIRECTOR. 

9 (a) APPOINTMENT.—The Commission shall appoint 

10 and fix the rate of basic pay for an Executive Director in 

11 accordance with section 3161 of title 5, United States Code. 

12 (b) LIMITATIONS.—The Executive Director may not 

13 have served on active duty in the Armed Forces or as a 

14 civilian employee of the Department of Defense during the 

15 one-year period preceding the date of such appointment and 

16 may not have been employed by a veterans service organiza17 tion or a military-related advocacy group or association 

18 during that one-year period. 

19 SEC. 1610. STAFF. 

20 (a) IN GENERAL.—Subject to subsections (b) and (c), 

21 the Executive Director, with the approval of the Commis22 sion, may appoint and fix the rate of basic pay for addi23 tional personnel as staff of the Commission in accordance 

24 with section 3161 of title 5, United States Code. 

25 (b) LIMITATIONS ON STAFF.— 


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1 (1) NUMBER OF DETAILEES FROM DEPARTMENT

2 OF DEFENSE.—Not more than one-third of the per3 sonnel employed by or detailed to the Commission 

4 may be on detail from the Department of Defense. 

5 (2) PRIOR DUTIES WITHIN DEPARTMENT OF DE6 FENSE.—A person may not be detailed from the De7 partment of Defense to the Commission if, in the year 

8 before the detail is to begin, that person participated 

9 personally and substantially in any matter within 

10 the Department concerning the preparation of rec11 ommendations for military compensation and retire12 ment modernization. 

13 (3) NUMBER OF DETAILEES ELIGIBLE FOR MILI14 TARY RETIRED PAY.—Not more than one-fourth of the 

15 personnel employed by or detailed to the Commission 

16 may be persons eligible for or receiving military re17 tired pay. 

18 (4) PRIOR EMPLOYMENT WITH CERTAIN ORGANI19 ZATIONS.—A person may not be employed by or de20 tailed to the Commission if, in the year before the em21 ployment or detail is to begin, that person was em22 ployed by a veterans service organization or a mili23 tary-related advocacy group or association. 


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1 (c) LIMITATIONS ON PERFORMANCE REVIEWS.—No 

2 member of the Armed Forces, and no officer or employee 

3 of the Department of Defense, may— 

4 (1) prepare any report concerning the effective5 ness, fitness, or efficiency of the performance of the 

6 staff of the Commission or any person detailed from 

7 the Department to that staff; 

8 (2) review the preparation of such a report; or 

9 (3) approve or disapprove such a report. 

10 SEC. 1611. CONTRACTING AUTHORITY. 

11 The Commission may lease space and acquire personal 

12 property to the extent funds are available. 

13 SEC. 1612. JUDICIAL REVIEW PRECLUDED. 

14 The following shall not be subject to judicial review: 

15 (1) Actions of the President, the Secretary, and 

16 the Commission under section 1606. 

17 (2) Actions of the President under section 

18 1607(a). 

19 SEC. 1613. TERMINATION. 

20 Except as otherwise provided in this title, the Commis21 sion shall terminate not later than 26 months after the 

22 Commission establishment date. 

23 SEC. 1614. FUNDING. 

24 Of the amounts authorized to be appropriated by this 

25 division for the Department of Defense for fiscal year 2013, 


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1 up to $10,000,000 shall be available to the Commission to 

2 carry out its duties under this title. Funds available to the 

3 Commission under the preceding sentence shall remain 

4 available until expended. 

5 TITLE XVII—NATIONAL COMMIS6 SION ON THE STRUCTURE OF 

7 THE AIR FORCE 

8 SEC. 1701. SHORT TITLE. 

9 This title may be cited as the ‘‘National Commission 

10 on the Structure of the Air Force Act of 2012’’. 

11 SEC. 1702. ESTABLISHMENT OF COMMISSION. 

12 (a) ESTABLISHMENT.—There is established the Na13 tional Commission on the Structure of the Air Force (in 

14 this title referred to as the ‘‘Commission’’). 

15 (b) MEMBERSHIP.— 

16 (1) COMPOSITION.—The Commission shall be 

17 composed of eight members, of whom— 

18 (A) four shall be appointed by the Presi19 dent, of whom one shall be the Chairman of the 

20 Reserve Forces Policy Board; 

21 (B) one shall be appointed by the Chairman 

22 of the Committee on Armed Services of the Sen23 ate; 


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1 (C) one shall be appointed by the Ranking 

2 Member of the Committee on Armed Services of 

3 the Senate; 

4 (D) one shall be appointed by the Chairman 

5 of the Committee on Armed Services of the House 

6 of Representatives; and 

7 (E) one shall be appointed by the Ranking 

8 Member of the Committee on Armed Services of 

9 the House of Representatives. 

10 (2) APPOINTMENT DATE.—The appointments of 

11 the members of the Commission shall be made not 

12 later than 90 days after the date of the enactment of 

13 this Act. 

14 (3) EFFECT OF LACK OF APPOINTMENT BY AP15 POINTMENT DATE.—If one or more appointments 

16 under subparagraph (A) of paragraph (1) is not 

17 made by the appointment date specified in paragraph 

18 (2), the authority to make such appointment or ap19 pointments shall expire, and the number of members 

20 of the Commission shall be reduced by the number 

21 equal to the number of appointments so not made. If 

22 an appointment under subparagraph (B), (C), (D), or 

23 (E) of paragraph (1) is not made by the appointment 

24 date specified in paragraph (2), the authority to 

25 make an appointment under such subparagraph shall 


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1 expire, and the number of members of the Commission 

2 shall be reduced by the number equal to the number 

3 otherwise appointable under such subparagraph. 

4 (c) PERIOD OF APPOINTMENT; VACANCIES.—Members 

5 shall be appointed for the life of the Commission. Any va6 cancy in the Commission shall not affect its powers, but 

7 shall be filled in the same manner as the original appoint8 ment. 

9 (d) INITIAL MEETING.—Not later than 30 days after 

10 the date on which all members of the Commission have been 

11 appointed, the Commission shall hold its first meeting. 

12 (e) MEETINGS.—The Commission shall meet at the call 

13 of the Chair. 

14 (f) QUORUM.—A majority of the members of the Com15 mission shall constitute a quorum, but a lesser number of 

16 members may hold hearings. 

17 (g) CHAIR AND VICE CHAIRMAN.—The Commission 

18 shall select a Chair and Vice Chair from among its mem19 bers. 

20 SEC. 1703. DUTIES OF THE COMMISSION. 

21 (a) STUDY.— 

22 (1) IN GENERAL.—The Commission shall under23 take a comprehensive study of the current structure of 

24 the Air Force to determine whether, and how, the 

25 structure should be modified to best fulfill current and 


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1 anticipated mission requirements for the Air Force in 

2 a manner consistent with available resources. 

3 (2) CONSIDERATIONS.—In considering an alter4 native structure for the Air Force, the Commission 

5 shall give particular consideration to identifying a 

6 structure that— 

7 (A) meets current and anticipated require8 ments of the combatant commands; 

9 (B) achieves an appropriate balance be10 tween the regular and reserve components of the 

11 Air Force, taking advantage of the unique 

12 strengths and capabilities of each; 

13 (C) ensures that the reserve components of 

14 the Air Force have the capacity needed to sup15 port current and anticipated homeland defense 

16 and disaster assistance missions in the United 

17 States; 

18 (D) provides for sufficient numbers of reg19 ular members of the Air Force to provide a base 

20 of trained personnel from which the personnel of 

21 the reserve components of the Air Force could be 

22 recruited; 

23 (E) maintains a peacetime rotation force to 

24 avoid exceeding operational tempo goals of 1:2 

25 for regular members of the Air Forces and 1:5 for 


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1 members of the reserve components of the Air 

2 Force; and 

3 (F) maximizes achievable costs savings. 

4 (b) REPORT.—Not later than March 31, 2014, the 

5 Commission shall submit to the President and the congres6 sional defense committees a report which shall contain a 

7 detailed statement of the findings and conclusions of the 

8 Commission as a result of the study required by subsection 

9 (a), together with its recommendations for such legislation 

10 and administrative actions as it considers appropriate in 

11 light of the results of the study. 

12 SEC. 1704. POWERS OF THE COMMISSION. 

13 (a) HEARINGS.—The Commission may hold such hear14 ings, sit and act at such times and places, take such testi15 mony, and receive such evidence as the Commission con16 siders advisable to carry out this title. 

17 (b) INFORMATION FROM FEDERAL AGENCIES.—The 

18 Commission may secure directly from any Federal depart19 ment or agency such information as the Commission con20 siders necessary to carry out this title. Upon request of the 

21 Chair of the Commission, the head of such department or 

22 agency shall furnish such information to the Commission. 

23 (c) POSTAL SERVICES.—The Commission may use the 

24 United States mails in the same manner and under the 


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1 same conditions as other departments and agencies of the 

2 Federal Government. 

3 (d) GIFTS.—The Commission may accept, use, and 

4 dispose of gifts or donations of services or property. 

5 SEC. 1705. COMMISSION PERSONNEL MATTERS. 

6 (a) COMPENSATION OF MEMBERS.—Each member of 

7 the Commission who is not an officer or employee of the 

8 Federal Government shall be compensated at a rate equal 

9 to the daily equivalent of the annual rate of basic pay pre10 scribed for level IV of the Executive Schedule under section 

11 5315 of title 5, United States Code, for each day (including 

12 travel time) during which such member is engaged in the 

13 performance of the duties of the Commission. All members 

14 of the Commission who are officers or employees of the 

15 United States shall serve without compensation in addition 

16 to that received for their services as officers or employees 

17 of the United States. 

18 (b) TRAVEL EXPENSES.—The members of the Commis19 sion shall be allowed travel expenses, including per diem 

20 in lieu of subsistence, at rates authorized for employees of 

21 agencies under subchapter I of chapter 57 of title 5, United 

22 States Code, while away from their homes or regular places 

23 of business in the performance of services for the Commis24 sion. 

25 (c) STAFF.— 


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1 (1) IN GENERAL.—The Chair of the Commission 

2 may, without regard to the civil service laws and reg3 ulations, appoint and terminate an executive director 

4 and such other additional personnel as may be nec5 essary to enable the Commission to perform its duties. 

6 The employment of an executive director shall be sub7 ject to confirmation by the Commission. 

8 (2) COMPENSATION.—The Chair of the Commis9 sion may fix the compensation of the executive direc10 tor and other personnel without regard to chapter 51 

11 and subchapter III of chapter 53 of title 5, United 

12 States Code, relating to classification of positions and 

13 General Schedule pay rates, except that the rate of 

14 pay for the executive director and other personnel 

15 may not exceed the rate payable for level V of the Ex16 ecutive Schedule under section 5316 of such title. 

17 (d) DETAIL OF GOVERNMENT EMPLOYEES.—Any Fed18 eral Government employee may be detailed to the Commis19 sion without reimbursement, and such detail shall be with20 out interruption or loss of civil service status or privilege. 

21 (e) PROCUREMENT OF TEMPORARY AND INTERMIT22 TENT SERVICES.—The Chair of the Commission may pro23 cure temporary and intermittent services under section 

24 3109(b) of title 5, United States Code, at rates for individ25 uals which do not exceed the daily equivalent of the annual 


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1 rate of basic pay prescribed for level V of the Executive 

2 Schedule under section 5316 of such title. 

3 SEC. 1706. TERMINATION OF THE COMMISSION. 

4 The Commission shall terminate 90 days after the date 

5 on which the Commission submits its report under section 

6 1703. 

7 SEC. 1707. FUNDING. 

8 Amounts authorized to be appropriated for fiscal year 

9 2013 and available for operation and maintenance for the 

10 Air Force as specified in the funding table in section 4301 

11 may be available for the activities of the Commission under 

12 this title. 

13 SEC. 1708. LIMITATION ON AVAILABILITY OF FUNDS FOR 

14 REDUCTIONS TO THE AIR NATIONAL GUARD 

15 AND THE AIR FORCE RESERVE. 

16 (a) IN GENERAL.—None of the funds authorized to be 

17 appropriated by this Act or otherwise made available for 

18 fiscal year 2013 for the Air Force may be used to divest, 

19 retire, or transfer, or prepare to divest, retire, or transfer, 

20 any aircraft of the Air Force assigned to units of the Air 

21 National Guard or Air Force Reserve as of May 31, 2012. 

22 (b) EXCEPTION.—The Secretary of the Air Force may 

23 divest or retire, or prepare to divest or retire, C–5A aircraft 

24 if the Secretary replaces such aircraft through a transfer 

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1 tain all Air National Guard and Air Force Reserve units 

2 impacted by such divestment or retirement at current or 

3 higher assigned manpower levels to operate the aircraft so 

4 transferred. 

5 SEC. 1709. FUNDING FOR MAINTENANCE OF FORCE STRUC6 TURE OF THE AIR FORCE PENDING COMMIS7 SION RECOMMENDATIONS. 

8 There is hereby authorized to be appropriated to the 

9 Department of Defense for fiscal year 2013, $1,400,000,000 

10 for the force structure of the Air Force. The amount author11 ized to be appropriated by this section is in addition to 

12 any other amounts authorized to be appropriated by this 

13 Act. 

14 SEC. 1710. RETENTION OF CORE FUNCTIONS OF THE ELEC15 TRONIC SYSTEMS CENTER AT HANSCOM AIR 

16 FORCE BASE PENDING FUTURE STRUCTURE 

17 STUDY. 

18 The Secretary of the Air Force shall retain the current 

19 leadership rank and core functions of the Electronic Sys20 tems Center at Hanscom Air Force Base with the same inte21 grated mission elements, responsibilities, and capabilities 

22 as existed as of November 1, 2011, until 180 days after the 

23 National Commission on the Structure of the Air Force sub24 mits to the congressional defense committees the report re25 quired under section 1703. 


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1 SEC. 1711. AIR FORCE ASSESSMENTS OF THE EFFECTS OF 

2 PROPOSED MOVEMENTS OF AIRFRAMES ON 

3 JOINT READINESS TRAINING. 

4 The Secretary of the Air Force shall— 

5 (1) undertake an assessment of the effects of cur6 rently-proposed movements of Air Force airframes on 

7 Green Flag East and Green Flag West joint readiness 

8 training; and 

9 (2) if the Secretary determines it appropriate, 

10 submit to the congressional defense committees a re11 port setting forth a proposal to make future replace12 ments of capabilities for purposes of augmenting 

13 training at the joint readiness training center 

14 (JRTC) or for such other purposes as the Secretary 

15 considers appropriate. 

16 TITLE XVIII—FEDERAL ASSIST17 ANCE TO FIRE DEPARTMENTS 

18 Subtitle A—Fire Grants 

19 Reauthorization 

20 SEC. 1801. SHORT TITLE. 

21 This subtitle may be cited as the ‘‘Fire Grants Reau22 thorization Act of 2012’’. 

23 SEC. 1802. AMENDMENTS TO DEFINITIONS. 

24 (a) IN GENERAL.—Section 4 of the Federal Fire Pre25 vention and Control Act of 1974 (15 U.S.C. 2203) is 

26 amended— 


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1 (1) in paragraph (3), by inserting ‘‘, except as 

2 otherwise provided,’’ after ‘‘means’’; 

3 (2) in paragraph (4), by striking ‘‘ ‘Director’ 

4 means’’ and all that follows through ‘‘Agency;’’ and 

5 inserting ‘‘ ‘Administrator of FEMA’ means the Ad6 ministrator of the Federal Emergency Management 

7 Agency;’’; 

8 (3) in paragraph (5)— 

9 (A) by inserting ‘‘Indian tribe,’’ after 

10 ‘‘county,’’; and 

11 (B) by striking ‘‘and ‘firecontrol’ ’’ and in12 serting ‘‘and ‘fire control’ ’’; 

13 (4) by redesignating paragraphs (6) through (9) 

14 as paragraphs (7) through (10), respectively; 

15 (5) by inserting after paragraph (5), the fol16 lowing: 

17 ‘‘(6) ‘Indian tribe’ has the meaning given that 

18 term in section 4 of the Indian Self-Determination 

19 and Education Assistance Act (25 U.S.C. 450b) and 

20 ‘tribal’ means of or pertaining to an Indian tribe;’’; 

21 (6) by redesignating paragraphs (9) and (10), as 

22 redesignated by paragraph (4), as paragraphs (10) 

23 and (11); 

24 (7) by inserting after paragraph (8), as redesig25 nated by paragraph (4), the following: 


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1 ‘‘(9) ‘Secretary’ means, except as otherwise pro2 vided, the Secretary of Homeland Security;’’; and 

3 (8) by amending paragraph (10), as redesig4 nated by paragraph (6), to read as follows: 

5 ‘‘(10) ‘State’ has the meaning given the term in 

6 section 2 of the Homeland Security Act of 2002 (6 

7 U.S.C. 101).’’. 

8 (b) CONFORMING AMENDMENTS.— 

9 (1) ADMINISTRATOR OF FEMA.—The Federal 

10 Fire Prevention and Control Act of 1974 (15 U.S.C. 

11 2201 et seq.) is amended by striking ‘‘Director’’ each 

12 place it appears and inserting ‘‘Administrator of 

13 FEMA’’. 

14 (2) ADMINISTRATOR OF FEMA’S AWARD.—Section 

15 15 of such Act (15 U.S.C. 2214) is amended by strik16 ing ‘‘Director’s Award’’ each place it appears and in17 serting ‘‘Administrator’s Award’’. 

18 SEC. 1803. ASSISTANCE TO FIREFIGHTERS GRANTS. 

19 Section 33 of the Federal Fire Prevention and Control 

20 Act of 1974 (15 U.S.C. 2229) is amended to read as follows: 

21 ‘‘SEC. 33. FIREFIGHTER ASSISTANCE. 

22 ‘‘(a) DEFINITIONS.—In this section: 

23 ‘‘(1) ADMINISTRATOR OF FEMA.—The term ‘Ad24 ministrator of FEMA’ means the Administrator of 

25 FEMA, acting through the Administrator. 


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1 ‘‘(2) AVAILABLE GRANT FUNDS.—The term 

2 ‘available grant funds’, with respect to a fiscal year, 

3 means those funds appropriated pursuant to the au4 thorization of appropriations in subsection (q)(1) for 

5 such fiscal year less any funds used for administra6 tive costs pursuant to subsection (q)(2) in such fiscal 

7 year. 

8 ‘‘(3) CAREER FIRE DEPARTMENT.—The term ‘ca9 reer fire department’ means a fire department that 

10 has an all-paid force of firefighting personnel other 

11 than paid-on-call firefighters. 

12 ‘‘(4) COMBINATION FIRE DEPARTMENT.—The 

13 term ‘combination fire department’ means a fire de14 partment that has— 

15 ‘‘(A) paid firefighting personnel; and 

16 ‘‘(B) volunteer firefighting personnel. 

17 ‘‘(5) FIREFIGHTING PERSONNEL.—The term 

18 ‘firefighting personnel’ means individuals, including 

19 volunteers, who are firefighters, officers of fire depart20 ments, or emergency medical service personnel of fire 

21 departments. 

22 ‘‘(6) INSTITUTION OF HIGHER EDUCATION.—The 

23 term ‘institution of higher education’ has the meaning 

24 given such term in section 101 of the Higher Edu25 cation Act of 1965 (20 U.S.C. 1001). 


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1 ‘‘(7) NONAFFILIATED EMS ORGANIZATION.—The 

2 term ‘nonaffiliated EMS organization’ means a pub3 lic or private nonprofit emergency medical services 

4 organization that is not affiliated with a hospital and 

5 does not serve a geographic area in which the Admin6 istrator of FEMA finds that emergency medical serv7 ices are adequately provided by a fire department. 

8 ‘‘(8) PAID-ON-CALL.—The term ‘paid-on-call’ 

9 with respect to firefighting personnel means fire10 fighting personnel who are paid a stipend for each 

11 event to which they respond. 

12 ‘‘(9) VOLUNTEER FIRE DEPARTMENT.—The term 

13 ‘volunteer fire department’ means a fire department 

14 that has an all-volunteer force of firefighting per15 sonnel. 

16 ‘‘(b) ASSISTANCE PROGRAM.— 

17 ‘‘(1) AUTHORITY.—In accordance with this sec18 tion, the Administrator of FEMA may award— 

19 ‘‘(A) assistance to firefighters grants under 

20 subsection (c); and 

21 ‘‘(B) fire prevention and safety grants and 

22 other assistance under subsection (d). 

23 ‘‘(2) ADMINISTRATIVE ASSISTANCE.—The Ad24 ministrator of FEMA shall— 


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1 ‘‘(A) establish specific criteria for the selec2 tion of grant recipients under this section; and 

3 ‘‘(B) provide assistance with application 

4 preparation to applicants for such grants. 

5 ‘‘(c) ASSISTANCE TO FIREFIGHTERS GRANTS.— 

6 ‘‘(1) IN GENERAL.—The Administrator of FEMA 

7 may, in consultation with the chief executives of the 

8 States in which the recipients are located, award 

9 grants on a competitive basis directly to— 

10 ‘‘(A) fire departments, for the purpose of 

11 protecting the health and safety of the public and 

12 firefighting personnel throughout the United 

13 States against fire, fire-related, and other haz14 ards; 

15 ‘‘(B) nonaffiliated EMS organizations to 

16 support the provision of emergency medical serv17 ices; and 

18 ‘‘(C) State fire training academies for the 

19 purposes described in subparagraphs (G), (H), 

20 and (I) of paragraph (3). 

21 ‘‘(2) MAXIMUM GRANT AMOUNTS.— 

22 ‘‘(A) POPULATION.—The Administrator of 

23 FEMA may not award a grant under this sub24 section in excess of amounts as follows: 


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1 ‘‘(i) In the case of a recipient that 

2 serves a jurisdiction with 100,000 people or 

3 fewer, the amount of the grant awarded to 

4 such recipient shall not exceed $1,000,000 

5 in any fiscal year. 

6 ‘‘(ii) In the case of a recipient that 

7 serves a jurisdiction with more than 

8 100,000 people but not more than 500,000 

9 people, the amount of the grant awarded to 

10 such recipient shall not exceed $2,000,000 

11 in any fiscal year. 

12 ‘‘(iii) In the case of a recipient that 

13 serves a jurisdiction with more than 

14 500,000 but not more than 1,000,000 peo15 ple, the amount of the grant awarded to 

16 such recipient shall not exceed $3,000,000 

17 in any fiscal year. 

18 ‘‘(iv) In the case of a recipient that 

19 serves a jurisdiction with more than 

20 1,000,000 people but not more than 

21 2,500,000 people, the amount of the grant 

22 awarded to such recipient shall not exceed 

23 $6,000,000 for any fiscal year. 

24 ‘‘(v) In the case of a recipient that 

25 serves a jurisdiction with more than 


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1 2,500,000 people, the amount of the grant 

2 awarded to such recipient shall not exceed 

3 $9,000,000 in any fiscal year. 

4 ‘‘(B) AGGREGATE.— 

5 ‘‘(i) IN GENERAL.—Notwithstanding 

6 subparagraphs (A) and (B) and except as 

7 provided under clause (ii), the Adminis8 trator of FEMA may not award a grant 

9 under this subsection in a fiscal year in an 

10 amount that exceeds the amount that is one 

11 percent of the available grant funds in such 

12 fiscal year. 

13 ‘‘(ii) EXCEPTION.—The Administrator 

14 of FEMA may waive the limitation in 

15 clause (i) with respect to a grant recipient 

16 if the Administrator of FEMA determines 

17 that such recipient has an extraordinary 

18 need for a grant in an amount that exceeds 

19 the limit under clause (i). 

20 ‘‘(3) USE OF GRANT FUNDS.—Each entity receiv21 ing a grant under this subsection shall use the grant 

22 for one or more of the following purposes: 

23 ‘‘(A) To train firefighting personnel in— 

24 ‘‘(i) firefighting; 


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1 ‘‘(ii) emergency medical services and 

2 other emergency response (including re3 sponse to natural disasters, acts of ter4 rorism, and other man-made disasters); 

5 ‘‘(iii) arson prevention and detection; 

6 ‘‘(iv) maritime firefighting; or 

7 ‘‘(v) the handling of hazardous mate8 rials. 

9 ‘‘(B) To train firefighting personnel to pro10 vide any of the training described under sub11 paragraph (A). 

12 ‘‘(C) To fund the creation of rapid interven13 tion teams to protect firefighting personnel at the 

14 scenes of fires and other emergencies. 

15 ‘‘(D) To certify— 

16 ‘‘(i) fire inspectors; and 

17 ‘‘(ii) building inspectors— 

18 ‘‘(I) whose responsibilities include 

19 fire safety inspections; and 

20 ‘‘(II) who are employed by or 

21 serving as volunteers with a fire de22 partment. 

23 ‘‘(E) To establish wellness and fitness pro24 grams for firefighting personnel to ensure that 

25 the firefighting personnel are able to carry out 


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1 their duties as firefighters, including programs 

2 dedicated to raising awareness of, and preven3 tion of, job-related mental health issues. 

4 ‘‘(F) To fund emergency medical services 

5 provided by fire departments and nonaffiliated 

6 EMS organizations. 

7 ‘‘(G) To acquire additional firefighting ve8 hicles, including fire trucks and other apparatus. 

9 ‘‘(H) To acquire additional firefighting 

10 equipment, including equipment for— 

11 ‘‘(i) fighting fires with foam in remote 

12 areas without access to water; and 

13 ‘‘(ii) communications, monitoring, and 

14 response to a natural disaster, act of ter15 rorism, or other man-made disaster, includ16 ing the use of a weapon of mass destruction. 

17 ‘‘(I) To acquire personal protective equip18 ment, including personal protective equipment— 

19 ‘‘(i) prescribed for firefighting per20 sonnel by the Occupational Safety and 

21 Health Administration of the Department of 

22 Labor; or 

23 ‘‘(ii) for responding to a natural dis24 aster or act of terrorism or other man-made 


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1 disaster, including the use of a weapon of 

2 mass destruction. 

3 ‘‘(J) To modify fire stations, fire training 

4 facilities, and other facilities to protect the health 

5 and safety of firefighting personnel. 

6 ‘‘(K) To educate the public about arson pre7 vention and detection. 

8 ‘‘(L) To provide incentives for the recruit9 ment and retention of volunteer firefighting per10 sonnel for volunteer firefighting departments and 

11 other firefighting departments that utilize volun12 teers. 

13 ‘‘(M) To support such other activities, con14 sistent with the purposes of this subsection, as 

15 the Administrator of FEMA determines appro16 priate. 

17 ‘‘(d) FIRE PREVENTION AND SAFETY GRANTS.— 

18 ‘‘(1) IN GENERAL.—For the purpose of assisting 

19 fire prevention programs and supporting firefighter 

20 health and safety research and development, the Ad21 ministrator of FEMA may, on a competitive basis— 

22 ‘‘(A) award grants to fire departments; 

23 ‘‘(B) award grants to, or enter into con24 tracts or cooperative agreements with, national, 

25 State, local, tribal, or nonprofit organizations 


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1 that are not fire departments and that are recog2 nized for their experience and expertise with re3 spect to fire prevention or fire safety programs 

4 and activities and firefighter research and devel5 opment programs, for the purpose of carrying 

6 out— 

7 ‘‘(i) fire prevention programs; and 

8 ‘‘(ii) research to improve firefighter 

9 health and life safety; and 

10 ‘‘(C) award grants to institutions of higher 

11 education, national fire service organizations, or 

12 national fire safety organizations to establish 

13 and operate fire safety research centers. 

14 ‘‘(2) MAXIMUM GRANT AMOUNT.—A grant 

15 awarded under this subsection may not exceed 

16 $1,500,000 for a fiscal year. 

17 ‘‘(3) USE OF GRANT FUNDS.—Each entity receiv18 ing a grant under this subsection shall use the grant 

19 for one or more of the following purposes: 

20 ‘‘(A) To enforce fire codes and promote com21 pliance with fire safety standards. 

22 ‘‘(B) To fund fire prevention programs, in23 cluding programs that educate the public about 

24 arson prevention and detection. 


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1 ‘‘(C) To fund wildland fire prevention pro2 grams, including education, awareness, and 

3 mitigation programs that protect lives, property, 

4 and natural resources from fire in the wildland5 urban interface. 

6 ‘‘(D) In the case of a grant awarded under 

7 paragraph (1)(C), to fund the establishment or 

8 operation of a fire safety research center for the 

9 purpose of significantly reducing the number of 

10 fire-related deaths and injuries among fire11 fighters and the general public through research, 

12 development, and technology transfer activities. 

13 ‘‘(E) To support such other activities, con14 sistent with the purposes of this subsection, as 

15 the Administrator of FEMA determines appro16 priate. 

17 ‘‘(4) LIMITATION.—None of the funds made 

18 available under this subsection may be provided to 

19 the Association of Community Organizations for Re20 form Now (ACORN) or any of its affiliates, subsidi21 aries, or allied organizations. 

22 ‘‘(e) APPLICATIONS FOR GRANTS.— 

23 ‘‘(1) IN GENERAL.—An entity seeking a grant 

24 under this section shall submit to the Administrator 

25 of FEMA an application therefor in such form and 


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1 in such manner as the Administrator of FEMA deter2 mines appropriate. 

3 ‘‘(2) ELEMENTS.—Each application submitted 

4 under paragraph (1) shall include the following: 

5 ‘‘(A) A description of the financial need of 

6 the applicant for the grant. 

7 ‘‘(B) An analysis of the costs and benefits, 

8 with respect to public safety, of the use for which 

9 a grant is requested. 

10 ‘‘(C) An agreement to provide information 

11 to the national fire incident reporting system for 

12 the period covered by the grant. 

13 ‘‘(D) A list of other sources of funding re14 ceived by the applicant— 

15 ‘‘(i) for the same purpose for which the 

16 application for a grant under this section 

17 was submitted; or 

18 ‘‘(ii) from the Federal Government for 

19 other fire-related purposes. 

20 ‘‘(E) Such other information as the Admin21 istrator of FEMA determines appropriate. 

22 ‘‘(3) JOINT OR REGIONAL APPLICATIONS.— 

23 ‘‘(A) IN GENERAL.—Two or more entities 

24 may submit an application under paragraph (1) 

25 for a grant under this section to fund a joint 


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1 program or initiative, including acquisition of 

2 shared equipment or vehicles. 

3 ‘‘(B) NONEXCLUSIVITY.—Applications 

4 under this paragraph may be submitted instead 

5 of or in addition to any other application sub6 mitted under paragraph (1). 

7 ‘‘(C) GUIDANCE.—The Administrator of 

8 FEMA shall— 

9 ‘‘(i) publish guidance on applying for 

10 and administering grants awarded for joint 

11 programs and initiatives described in sub12 paragraph (A); and 

13 ‘‘(ii) encourage applicants to apply for 

14 grants for joint programs and initiatives 

15 described in subparagraph (A) as the Ad16 ministrator of FEMA determines appro17 priate to achieve greater cost effectiveness 

18 and regional efficiency. 

19 ‘‘(f) PEER REVIEW OF GRANT APPLICATIONS.— 

20 ‘‘(1) IN GENERAL.—The Administrator of FEMA 

21 shall, after consultation with national fire service and 

22 emergency medical services organizations, appoint 

23 fire service personnel to conduct peer reviews of appli24 cations received under subsection (e)(1). 


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1 ‘‘(2) APPLICABILITY OF FEDERAL ADVISORY COM2 MITTEE ACT.—The Federal Advisory Committee Act 

3 (5 U.S.C. App.) shall not apply to activities carried 

4 out pursuant to this subsection. 

5 ‘‘(g) PRIORITIZATION OF GRANT AWARDS.—In award6 ing grants under this section, the Administrator of FEMA 

7 shall consider the following: 

8 ‘‘(1) The findings and recommendations of the 

9 peer reviews carried out under subsection (f). 

10 ‘‘(2) The degree to which an award will reduce 

11 deaths, injuries, and property damage by reducing 

12 the risks associated with fire-related and other haz13 ards. 

14 ‘‘(3) The extent of the need of an applicant for 

15 a grant under this section and the need to protect the 

16 United States as a whole. 

17 ‘‘(4) The number of calls requesting or requiring 

18 a fire fighting or emergency medical response received 

19 by an applicant. 

20 ‘‘(h) ALLOCATION OF GRANT AWARDS.—In awarding 

21 grants under this section, the Administrator of FEMA shall 

22 ensure that of the available grant funds in each fiscal 

23 year— 

24 ‘‘(1) not less than 25 percent are awarded under 

25 subsection (c) to career fire departments; 


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1 ‘‘(2) not less than 25 percent are awarded under 

2 subsection (c) to volunteer fire departments; 

3 ‘‘(3) not less than 25 percent are awarded under 

4 subsection (c) to combination fire departments and 

5 fire departments using paid-on-call firefighting per6 sonnel; 

7 ‘‘(4) not less than 10 percent are available for 

8 open competition among career fire departments, vol9 unteer fire departments, combination fire depart10 ments, and fire departments using paid-on-call fire11 fighting personnel for grants awarded under sub12 section (c); 

13 ‘‘(5) not less than 10 percent are awarded under 

14 subsection (d); and 

15 ‘‘(6) not more than 2 percent are awarded under 

16 this section to nonaffiliated EMS organizations de17 scribed in subsection (c)(1)(B). 

18 ‘‘(i) ADDITIONAL REQUIREMENTS AND LIMITA19 TIONS.— 

20 ‘‘(1) FUNDING FOR EMERGENCY MEDICAL SERV21 ICES.—Not less than 3.5 percent of the available 

22 grant funds for a fiscal year shall be awarded under 

23 this section for purposes described in subsection 

24 (c)(3)(F). 

25 ‘‘(2) STATE FIRE TRAINING ACADEMIES.— 


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1 ‘‘(A) MAXIMUM SHARE.—Not more than 3 

2 percent of the available grant funds for a fiscal 

3 year may be awarded under subsection (c)(1)(C). 

4 ‘‘(B) MAXIMUM GRANT AMOUNT.—The Ad5 ministrator of FEMA may not award a grant 

6 under subsection (c)(1)(C) to a State fire train7 ing academy in an amount that exceeds 

8 $1,000,000 in any fiscal year. 

9 ‘‘(3) AMOUNTS FOR PURCHASING FIREFIGHTING

10 VEHICLES.—Not more than 25 percent of the avail11 able grant funds for a fiscal year may be used to as12 sist grant recipients to purchase vehicles pursuant to 

13 subsection (c)(3)(G). 

14 ‘‘(j) FURTHER CONSIDERATIONS.— 

15 ‘‘(1) ASSISTANCE TO FIREFIGHTERS GRANTS TO

16 FIRE DEPARTMENTS.—In considering applications for 

17 grants under subsection (c)(1)(A), the Administrator 

18 of FEMA shall consider— 

19 ‘‘(A) the extent to which the grant would 

20 enhance the daily operations of the applicant 

21 and the impact of such a grant on the protection 

22 of lives and property; and 

23 ‘‘(B) a broad range of factors important to 

24 the applicant’s ability to respond to fires and re25 lated hazards, such as the following: 


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1 ‘‘(i) Population served. 

2 ‘‘(ii) Geographic response area. 

3 ‘‘(iii) Hazards vulnerability. 

4 ‘‘(iv) Call volume. 

5 ‘‘(v) Financial situation, including un6 employment rate of the area being served. 

7 ‘‘(vi) Need for training or equipment. 

8 ‘‘(2) APPLICATIONS FROM NONAFFILIATED EMS

9 ORGANIZATIONS.—In the case of an application sub10 mitted under subsection (e)(1) by a nonaffiliated 

11 EMS organization, the Administrator of FEMA shall 

12 consider the extent to which other sources of Federal 

13 funding are available to the applicant to provide the 

14 assistance requested in such application. 

15 ‘‘(3) AWARDING FIRE PREVENTION AND SAFETY

16 GRANTS TO CERTAIN ORGANIZATIONS THAT ARE NOT

17 FIRE DEPARTMENTS.—In the case of applicants for 

18 grants under this section who are described in sub19 section (d)(1)(B), the Administrator of FEMA shall 

20 give priority to applicants who focus on— 

21 ‘‘(A) prevention of injuries to high risk 

22 groups from fire; and 

23 ‘‘(B) research programs that demonstrate a 

24 potential to improve firefighter safety. 


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1 ‘‘(4) AWARDING GRANTS FOR FIRE SAFETY RE2 SEARCH CENTERS.— 

3 ‘‘(A) CONSIDERATIONS.—In awarding 

4 grants under subsection (d)(1)(C), the Adminis5 trator of FEMA shall— 

6 ‘‘(i) select each grant recipient on— 

7 ‘‘(I) the demonstrated research 

8 and extension resources available to the 

9 recipient to carry out the research, de10 velopment, and technology transfer ac11 tivities; 

12 ‘‘(II) the capability of the recipi13 ent to provide leadership in making 

14 national contributions to fire safety; 

15 ‘‘(III) the recipient’s ability to 

16 disseminate the results of fire safety re17 search; and 

18 ‘‘(IV) the strategic plan the recipi19 ent proposes to carry out under the 

20 grant; 

21 ‘‘(ii) give special consideration in se22 lecting recipients under subparagraph (A) 

23 to an applicant for a grant that consists of 

24 a partnership between— 


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1 ‘‘(I) a national fire service orga2 nization or a national fire safety orga3 nization; and 

4 ‘‘(II) an institution of higher edu5 cation, including a minority-serving 

6 institution (as described in section 

7 371(a) of the Higher Education Act of 

8 1965 (20 U.S.C. 1067q(a))); and 

9 ‘‘(iii) consider the research needs iden10 tified and prioritized through the workshop 

11 required by subparagraph (B)(i). 

12 ‘‘(B) RESEARCH NEEDS.— 

13 ‘‘(i) IN GENERAL.—Not later than 90 

14 days after the date of the enactment of the 

15 Fire Grants Reauthorization Act of 2012, 

16 the Administrator of FEMA shall convene a 

17 workshop of the fire safety research commu18 nity, fire service organizations, and other 

19 appropriate stakeholders to identify and 

20 prioritize fire safety research needs. 

21 ‘‘(ii) PUBLICATION.—The Adminis22 trator of FEMA shall ensure that the results 

23 of the workshop are made available to the 

24 public. 


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1 ‘‘(C) LIMITATIONS ON GRANTS FOR FIRE

2 SAFETY RESEARCH CENTERS.— 

3 ‘‘(i) IN GENERAL.—The Administrator 

4 of FEMA may award grants under sub5 section (d) to establish not more than 3 fire 

6 safety research centers. 

7 ‘‘(ii) RECIPIENTS.—An institution of 

8 higher education, a national fire service or9 ganization, and a national fire safety orga10 nization may not directly receive a grant 

11 under subsection (d) for a fiscal year for 

12 more than 1 fire safety research center. 

13 ‘‘(5) AVOIDING DUPLICATION.—The Adminis14 trator of FEMA shall review lists submitted by appli15 cants pursuant to subsection (e)(2)(D) and take such 

16 actions as the Administrator of FEMA considers nec17 essary to prevent unnecessary duplication of grant 

18 awards. 

19 ‘‘(k) MATCHING AND MAINTENANCE OF EXPENDITURE

20 REQUIREMENTS.— 

21 ‘‘(1) MATCHING REQUIREMENT FOR ASSISTANCE

22 TO FIREFIGHTERS GRANTS.— 

23 ‘‘(A) IN GENERAL.—Except as provided in 

24 subparagraph (B), an applicant seeking a grant 

25 to carry out an activity under subsection (c) 


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1 shall agree to make available non-Federal funds 

2 to carry out such activity in an amount equal 

3 to not less than 15 percent of the grant awarded 

4 to such applicant under such subsection. 

5 ‘‘(B) EXCEPTION FOR ENTITIES SERVING

6 SMALL COMMUNITIES.—In the case that an ap7 plicant seeking a grant to carry out an activity 

8 under subsection (c) serves a jurisdiction of— 

9 ‘‘(i) more than 20,000 residents but not 

10 more than 1,000,000 residents, the applica11 tion shall agree to make available non-Fed12 eral funds in an amount equal to not less 

13 than 10 percent of the grant awarded to 

14 such applicant under such subsection; and 

15 ‘‘(ii) 20,000 residents or fewer, the ap16 plicant shall agree to make available non17 Federal funds in an amount equal to not 

18 less than 5 percent of the grant awarded to 

19 such applicant under such subsection. 

20 ‘‘(2) MATCHING REQUIREMENT FOR FIRE PRE21 VENTION AND SAFETY GRANTS.— 

22 ‘‘(A) IN GENERAL.—An applicant seeking a 

23 grant to carry out an activity under subsection 

24 (d) shall agree to make available non-Federal 

25 funds to carry out such activity in an amount 


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1 equal to not less than 5 percent of the grant 

2 awarded to such applicant under such sub3 section. 

4 ‘‘(B) MEANS OF MATCHING.—An applicant 

5 for a grant under subsection (d) may meet the 

6 matching requirement under subparagraph (A) 

7 through direct funding, funding of complemen8 tary activities, or the provision of staff, facilities, 

9 services, material, or equipment. 

10 ‘‘(3) MAINTENANCE OF EXPENDITURES.—An ap11 plicant seeking a grant under subsection (c) or (d) 

12 shall agree to maintain during the term of the grant 

13 the applicant’s aggregate expenditures relating to the 

14 uses described in subsections (c)(3) and (d)(3) at not 

15 less than 80 percent of the average amount of such ex16 penditures in the 2 fiscal years preceding the fiscal 

17 year in which the grant amounts are received. 

18 ‘‘(4) WAIVER.— 

19 ‘‘(A) IN GENERAL.—Except as provided in 

20 subparagraph (C)(ii), the Administrator of 

21 FEMA may waive or reduce the requirements of 

22 paragraphs (1), (2), and (3) in cases of dem23 onstrated economic hardship. 

24 ‘‘(B) GUIDELINES.— 


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1 ‘‘(i) IN GENERAL.—The Administrator 

2 of FEMA shall establish and publish guide3 lines for determining what constitutes eco4 nomic hardship for purposes of this para5 graph. 

6 ‘‘(ii) CONSULTATION.—In developing 

7 guidelines under clause (i), the Adminis8 trator of FEMA shall consult with individ9 uals who are— 

10 ‘‘(I) recognized for expertise in 

11 firefighting, emergency medical services 

12 provided by fire services, or the eco13 nomic affairs of State and local gov14 ernments; and 

15 ‘‘(II) members of national fire 

16 service organizations or national orga17 nizations representing the interests of 

18 State and local governments. 

19 ‘‘(iii) CONSIDERATIONS.—In devel20 oping guidelines under clause (i), the Ad21 ministrator of FEMA shall consider, with 

22 respect to relevant communities, the fol23 lowing: 

24 ‘‘(I) Changes in rates of unem25 ployment from previous years. 


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1 ‘‘(II) Whether the rates of unem2 ployment of the relevant communities 

3 are currently and have consistently ex4 ceeded the annual national average 

5 rates of unemployment. 

6 ‘‘(III) Changes in percentages of 

7 individuals eligible to receive food 

8 stamps from previous years. 

9 ‘‘(IV) Such other factors as the 

10 Administrator of FEMA considers ap11 propriate. 

12 ‘‘(C) CERTAIN APPLICANTS FOR FIRE PRE13 VENTION AND SAFETY GRANTS.—The authority 

14 under subparagraph (A) shall not apply with re15 spect to a nonprofit organization that— 

16 ‘‘(i) is described in subsection 

17 (d)(1)(B); and 

18 ‘‘(ii) is not a fire department or emer19 gency medical services organization. 

20 ‘‘(l) GRANT GUIDELINES.— 

21 ‘‘(1) GUIDELINES.—For each fiscal year, prior to 

22 awarding any grants under this section, the Adminis23 trator of FEMA shall publish in the Federal Reg24 ister— 

25 ‘‘(A) guidelines that describe— 


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1 ‘‘(i) the process for applying for grants 

2 under this section; and 

3 ‘‘(ii) the criteria that will be used for 

4 selecting grant recipients; and 

5 ‘‘(B) an explanation of any differences be6 tween such guidelines and the recommendations 

7 obtained under paragraph (2). 

8 ‘‘(2) ANNUAL MEETING TO OBTAIN RECOMMENDA9 TIONS.— 

10 ‘‘(A) IN GENERAL.—For each fiscal year, 

11 the Administrator of FEMA shall convene a 

12 meeting of qualified members of national fire 

13 service organizations and, at the discretion of the 

14 Administrator of FEMA, qualified members of 

15 emergency medical service organizations to ob16 tain recommendations regarding the following: 

17 ‘‘(i) Criteria for the awarding of 

18 grants under this section. 

19 ‘‘(ii) Administrative changes to the as20 sistance program established under sub21 section (b). 

22 ‘‘(B) QUALIFIED MEMBERS.—For purposes 

23 of this paragraph, a qualified member of an or24 ganization is a member who— 


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1 ‘‘(i) is recognized for expertise in fire2 fighting or emergency medical services; 

3 ‘‘(ii) is not an employee of the Federal 

4 Government; and 

5 ‘‘(iii) in the case of a member of an 

6 emergency medical service organization, is 

7 a member of an organization that rep8 resents— 

9 ‘‘(I) providers of emergency med10 ical services that are affiliated with 

11 fire departments; or 

12 ‘‘(II) nonaffiliated EMS pro13 viders. 

14 ‘‘(3) APPLICABILITY OF FEDERAL ADVISORY COM15 MITTEE ACT.—The Federal Advisory Committee Act 

16 (5 U.S.C. App.) shall not apply to activities carried 

17 out under this subsection. 

18 ‘‘(m) ACCOUNTING DETERMINATION.—Notwith19 standing any other provision of law, for purposes of this 

20 section, equipment costs shall include all costs attributable 

21 to any design, purchase of components, assembly, manufac22 ture, and transportation of equipment not otherwise com23 mercially available. 

24 ‘‘(n) ELIGIBLE GRANTEE ON BEHALF OF ALASKA NA25 TIVE VILLAGES.—The Alaska Village Initiatives, a nonVerDate Mar 15 2010 01:32 Dec 07, 2012 Jkt 029200 PO 00000 Frm 00880 Fmt 6652 Sfmt 6203 E:\SENENR\H4310.PP H4310

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1 profit organization incorporated in the State of Alaska, 

2 shall be eligible to apply for and receive a grant or other 

3 assistance under this section on behalf of Alaska Native vil4 lages. 

5 ‘‘(o) TRAINING STANDARDS.—If an applicant for a 

6 grant under this section is applying for such grant to pur7 chase training that does not meet or exceed any applicable 

8 national voluntary consensus standards, including those de9 veloped under section 647 of the Post-Katrina Emergency 

10 Management Reform Act of 2006 (6 U.S.C. 747), the appli11 cant shall submit to the Administrator of FEMA an expla12 nation of the reasons that the training proposed to be pur13 chased will serve the needs of the applicant better than 

14 training that meets or exceeds such standards. 

15 ‘‘(p) ENSURING EFFECTIVE USE OF GRANTS.— 

16 ‘‘(1) AUDITS.—The Administrator of FEMA 

17 may audit a recipient of a grant awarded under this 

18 section to ensure that— 

19 ‘‘(A) the grant amounts are expended for 

20 the intended purposes; and 

21 ‘‘(B) the grant recipient complies with the 

22 requirements of subsection (k). 

23 ‘‘(2) PERFORMANCE ASSESSMENT.— 

24 ‘‘(A) IN GENERAL.—The Administrator of 

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1 ance assessment system, including quantifiable 

2 performance metrics, to evaluate the extent to 

3 which grants awarded under this section are fur4 thering the purposes of this section, including 

5 protecting the health and safety of the public and 

6 firefighting personnel against fire and fire-re7 lated hazards. 

8 ‘‘(B) CONSULTATION.—The Administrator 

9 of FEMA shall consult with fire service rep10 resentatives and with the Comptroller General of 

11 the United States in developing the assessment 

12 system required by subparagraph (A). 

13 ‘‘(3) ANNUAL REPORTS TO ADMINISTRATOR OF

14 FEMA.—Not less frequently than once each year dur15 ing the term of a grant awarded under this section, 

16 the recipient of the grant shall submit to the Adminis17 trator of FEMA an annual report describing how the 

18 recipient used the grant amounts. 

19 ‘‘(4) ANNUAL REPORTS TO CONGRESS.— 

20 ‘‘(A) IN GENERAL.—Not later than Sep21 tember 30, 2013, and each year thereafter 

22 through 2017, the Administrator of FEMA shall 

23 submit to the Committee on Homeland Security 

24 and Governmental Affairs of the Senate and the 

25 Committee on Science and Technology of the 


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1 House of Representatives a report that pro2 vides— 

3 ‘‘(i) information on the performance 

4 assessment system developed under para5 graph (2); and 

6 ‘‘(ii) using the performance metrics de7 veloped under such paragraph, an evalua8 tion of the effectiveness of the grants award9 ed under this section. 

10 ‘‘(B) ADDITIONAL INFORMATION.—The re11 port due under subparagraph (A) on September 

12 30, 2016, shall also include recommendations for 

13 legislative changes to improve grants under this 

14 section. 

15 ‘‘(q) AUTHORIZATION OF APPROPRIATIONS.— 

16 ‘‘(1) IN GENERAL.—There is authorized to be ap17 propriated to carry out this section— 

18 ‘‘(A) $750,000,000 for fiscal year 2013; and 

19 ‘‘(B) for each of fiscal years 2014 through 

20 2017, an amount equal to the amount authorized 

21 for the previous fiscal year increased by the per22 centage by which— 

23 ‘‘(i) the Consumer Price Index (all 

24 items, United States city average) for the 

25 previous fiscal year, exceeds 


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1 ‘‘(ii) the Consumer Price Index for the 

2 fiscal year preceding the fiscal year de3 scribed in clause (i). 

4 ‘‘(2) ADMINISTRATIVE EXPENSES.—Of the 

5 amounts appropriated pursuant to paragraph (1) for 

6 a fiscal year, the Administrator of FEMA may use 

7 not more than 5 percent of such amounts for salaries 

8 and expenses and other administrative costs incurred 

9 by the Administrator of FEMA in the course of 

10 awarding grants and providing assistance under this 

11 section. 

12 ‘‘(3) CONGRESSIONALLY DIRECTED SPENDING.— 

13 Consistent with the requirements in subsections (c)(1) 

14 and (d)(1) that grants under those subsections be 

15 awarded on a competitive basis, none of the funds ap16 propriated pursuant to this subsection may be used 

17 for any congressionally directed spending item (as de18 fined under the rules of the Senate and the House of 

19 Representatives). 

20 ‘‘(r) SUNSET OF AUTHORITIES.—The authority to 

21 award assistance and grants under this section shall expire 

22 on the date that is 5 years after the date of the enactment 

23 of the Fire Grants Reauthorization Act of 2012.’’. 


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1 SEC. 1804. STAFFING FOR ADEQUATE FIRE AND EMER2 GENCY RESPONSE. 

3 (a) IMPROVEMENTS TO HIRING GRANTS.— 

4 (1) TERM OF GRANTS.—Subparagraph (B) of 

5 section 34(a)(1) of the Federal Fire Prevention and 

6 Control Act of 1974 (15 U.S.C. 2229a(a)(1)) is 

7 amended to read as follows: 

8 ‘‘(B) Grants made under this paragraph shall be 

9 for 3 years and be used for programs to hire new, ad10 ditional firefighters.’’. 

11 (2) LIMITATION OF PORTION OF COSTS OF HIR12 ING FIREFIGHTERS.—Subparagraph (E) of such sec13 tion is amended to read as follows: 

14 ‘‘(E) The portion of the costs of hiring fire15 fighters provided by a grant under this paragraph 

16 may not exceed— 

17 ‘‘(i) 75 percent in the first year of the 

18 grant; 

19 ‘‘(ii) 75 percent in the second year of the 

20 grant; and 

21 ‘‘(iii) 35 percent in the third year of the 

22 grant.’’. 

23 (b) CLARIFICATION REGARDING ELIGIBLE ENTITIES

24 FOR RECRUITMENT AND RETENTION GRANTS.—The second 

25 sentence of section 34(a)(2) of such Act (15 U.S.C. 

26 2229a(a)(2)) is amended by striking ‘‘organizations on a 


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1 local or statewide basis’’ and inserting ‘‘national, State, 

2 local, or tribal organizations’’. 

3 (c) MAXIMUM AMOUNT FOR HIRING A FIRE4 FIGHTER.—Paragraph (4) of section 34(c) of such Act (15 

5 U.S.C. 2229a(c)) is amended to read as follows: 

6 ‘‘(4) The amount of funding provided under this sec7 tion to a recipient fire department for hiring a firefighter 

8 in any fiscal year may not exceed— 

9 ‘‘(A) in the first year of the grant, 75 percent of 

10 the usual annual cost of a first-year firefighter in 

11 that department at the time the grant application 

12 was submitted; 

13 ‘‘(B) in the second year of the grant, 75 percent 

14 of the usual annual cost of a first-year firefighter in 

15 that department at the time the grant application 

16 was submitted; and 

17 ‘‘(C) in the third year of the grant, 35 percent 

18 of the usual annual cost of a first-year firefighter in 

19 that department at the time the grant application 

20 was submitted.’’. 

21 (d) WAIVERS.—Section 34 of such Act (15 U.S.C. 

22 2229a) is amended— 

23 (1) by redesignating subsections (d) through (i) 

24 as subsections (e) through (j), respectively; and 


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1 (2) by inserting after subsection (c) the fol2 lowing: 

3 ‘‘(d) WAIVERS.— 

4 ‘‘(1) IN GENERAL.—In a case of demonstrated 

5 economic hardship, the Administrator of FEMA 

6 may— 

7 ‘‘(A) waive the requirements of subsection 

8 (c)(1); or 

9 ‘‘(B) waive or reduce the requirements in 

10 subsection (a)(1)(E) or subsection (c)(2). 

11 ‘‘(2) GUIDELINES.— 

12 ‘‘(A) IN GENERAL.—The Administrator of 

13 FEMA shall establish and publish guidelines for 

14 determining what constitutes economic hardship 

15 for purposes of paragraph (1). 

16 ‘‘(B) CONSULTATION.—In developing guide17 lines under subparagraph (A), the Administrator 

18 of FEMA shall consult with individuals who 

19 are— 

20 ‘‘(i) recognized for expertise in fire21 fighting, emergency medical services pro22 vided by fire services, or the economic af23 fairs of State and local governments; and 

24 ‘‘(ii) members of national fire service 

25 organizations or national organizations 


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1 representing the interests of State and local 

2 governments. 

3 ‘‘(C) CONSIDERATIONS.—In developing 

4 guidelines under subparagraph (A), the Admin5 istrator of FEMA shall consider, with respect to 

6 relevant communities, the following: 

7 ‘‘(i) Changes in rates of unemployment 

8 from previous years. 

9 ‘‘(ii) Whether the rates of unemploy10 ment of the relevant communities are cur11 rently and have consistently exceeded the 

12 annual national average rates of unemploy13 ment. 

14 ‘‘(iii) Changes in percentages of indi15 viduals eligible to receive food stamps from 

16 previous years. 

17 ‘‘(iv) Such other factors as the Admin18 istrator of FEMA considers appropriate.’’. 

19 (e) IMPROVEMENTS TO PERFORMANCE EVALUATION

20 REQUIREMENTS.—Subsection (e) of section 34 of such Act 

21 (15 U.S.C. 2229a), as redesignated by subsection (d)(1) of 

22 this section, is amended by inserting before the first sentence 

23 the following: 

24 ‘‘(1) IN GENERAL.—The Administrator of FEMA 

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1 cluding quantifiable performance metrics, to evaluate 

2 the extent to which grants awarded under this section 

3 are furthering the purposes of this section. 

4 ‘‘(2) SUBMITTAL OF INFORMATION.—’’. 

5 (f) REPORT.— 

6 (1) IN GENERAL.—Subsection (f) of section 34 of 

7 such Act (15 U.S.C. 2229a), as redesignated by sub8 section (d)(1) of this section, is amended by striking 

9 ‘‘The authority’’ and all that follows through ‘‘Con10 gress concerning’’ and inserting the following: ‘‘Not 

11 later than September 30, 2014, the Administrator of 

12 FEMA shall submit to the Committee on Homeland 

13 Security and Governmental Affairs of the Senate and 

14 the Committee on Science and Technology of the 

15 House of Representatives a report on’’. 

16 (2) CONFORMING AMENDMENT.—The heading for 

17 subsection (f) of section 34 of such Act (15 U.S.C. 

18 2229a), as redesignated by subsection (d)(1) of this 

19 section, is amended by striking ‘‘SUNSET AND RE20 PORTS’’ and inserting ‘‘REPORT’’. 

21 (g) ADDITIONAL DEFINITIONS.— 

22 (1) IN GENERAL.—Subsection (i) of section 34 of 

23 such Act (15 U.S.C. 2229a), as redesignated by sub24 section (d)(1) of this section, is amended— 


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1 (A) in the matter before paragraph (1), by 

2 striking ‘‘In this section, the term—’’ and insert3 ing ‘‘In this section:’’; 

4 (B) in paragraph (1)— 

5 (i) by inserting ‘‘The term’’ before 

6 ‘‘ ‘firefighter’ has’’; and 

7 (ii) by striking ‘‘; and’’ and inserting 

8 a period; 

9 (C) by striking paragraph (2); and 

10 (D) by inserting at the end the following: 

11 ‘‘(2) The terms ‘Administrator of FEMA’, ‘career 

12 fire department’, ‘combination fire department’, and 

13 ‘volunteer fire department’ have the meanings given 

14 such terms in section 33(a).’’. 

15 (2) CONFORMING AMENDMENT.—Section 

16 34(a)(1)(A) of such Act (15 U.S.C. 2229a(a)(1)(A)) is 

17 amended by striking ‘‘career, volunteer, and combina18 tion fire departments’’ and inserting ‘‘career fire de19 partments, combination fire departments, and volun20 teer fire departments’’. 

21 (h) AUTHORIZATION OF APPROPRIATIONS.— 

22 (1) IN GENERAL.—Subsection (j) of section 34 of 

23 such Act (15 U.S.C. 2229a), as redesignated by sub24 section (d)(1) of this section, is amended— 


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1 (A) in paragraph (6), by striking ‘‘and’’ at 

2 the end; 

3 (B) in paragraph (7), by striking the period 

4 at the end and inserting ‘‘; and’’; and 

5 (C) by adding at the end the following: 

6 ‘‘(8) $750,000,000 for fiscal year 2013; and 

7 ‘‘(9) for each of fiscal years 2014 through 2017, 

8 an amount equal to the amount authorized for the 

9 previous fiscal year increased by the percentage by 

10 which— 

11 ‘‘(A) the Consumer Price Index (all items, 

12 United States city average) for the previous fis13 cal year, exceeds 

14 ‘‘(B) the Consumer Price Index for the fiscal 

15 year preceding the fiscal year described in sub16 paragraph (A).’’. 

17 (2) ADMINISTRATIVE EXPENSES.—Such sub18 section (j) is further amended— 

19 (A) in paragraph (9), as added by para20 graph (1) of this subsection, by redesignating 

21 subparagraphs (A) and (B) as clauses (i) and 

22 (ii), respectively, and moving the left margin of 

23 such clauses, as so redesignated, 2 ems to the 

24 right; 


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1 (B) by redesignating paragraphs (1) 

2 through (9) as subparagraphs (A) through (I), 

3 respectively, and moving the left margin of such 

4 subparagraphs, as so redesignated, 2 ems to the 

5 right; 

6 (C) by striking ‘‘There are’’ and inserting 

7 the following: 

8 ‘‘(1) IN GENERAL.—There are’’; and 

9 (D) by adding at the end the following: 

10 ‘‘(2) ADMINISTRATIVE EXPENSES.—Of the 

11 amounts appropriated pursuant to paragraph (1) for 

12 a fiscal year, the Administrator of FEMA may use 

13 not more than 5 percent of such amounts to cover sal14 aries and expenses and other administrative costs in15 curred by the Administrator of FEMA to make grants 

16 and provide assistance under this section.’’. 

17 (3) CONGRESSIONALLY DIRECTED SPENDING.— 

18 Such subsection (j) is further amended by adding at 

19 the end the following: 

20 ‘‘(3) CONGRESSIONALLY DIRECTED SPENDING.— 

21 Consistent with the requirement in subsection (a) that 

22 grants under this section be awarded on a competitive 

23 basis, none of the funds appropriated pursuant to this 

24 subsection may be used for any congressionally direct 


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1 spending item (as defined under the rules of the Sen2 ate and the House of Representatives).’’. 

3 (i) TECHNICAL AMENDMENT.—Section 34 of such Act 

4 (15 U.S.C. 2229a) is amended by striking ‘‘Administrator’’ 

5 each place it appears and inserting ‘‘Administrator of 

6 FEMA’’. 

7 (j) CLERICAL AMENDMENT.—Such section is further 

8 amended in the heading by striking ‘‘EXPANSION OF

9 PRE-SEPTEMBER 11, 2001, FIRE GRANT PROGRAM’’ 

10 and inserting the following: ‘‘STAFFING FOR ADEQUATE

11 FIRE AND EMERGENCY RESPONSE’’. 

12 (k) SUNSET OF AUTHORITY TO AWARD HIRING

13 GRANTS.—Such section is further amended by adding at 

14 the end the following: 

15 ‘‘(k) SUNSET OF AUTHORITIES.—The authority to 

16 award assistance and grants under this section shall expire 

17 on the date that is 5 years after the date of the enactment 

18 of the Fire Grants Reauthorization Act of 2012.’’. 

19 SEC. 1805. SENSE OF CONGRESS ON VALUE AND FUNDING 

20 OF ASSISTANCE TO FIREFIGHTERS AND 

21 STAFFING FOR ADEQUATE FIRE AND EMER22 GENCY RESPONSE PROGRAMS. 

23 It is the sense of Congress that— 

24 (1) the grants and assistance awarded under sec25 tions 33 and 34 of the Federal Fire Prevention and 


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1 Control Act of 1974 (15 U.S.C. 2229 and 2229a) have 

2 proven equally valuable in protecting the health and 

3 safety of the public and firefighting personnel 

4 throughout the United States against fire and fire-re5 lated hazards; and 

6 (2) providing parity in funding for the award7 ing of grants and assistance under both such sections 

8 will ensure that the grant and assistance programs 

9 under such sections can continue to serve their com10 plementary purposes. 

11 SEC. 1806. REPORT ON AMENDMENTS TO ASSISTANCE TO 

12 FIREFIGHTERS AND STAFFING FOR ADE13 QUATE FIRE AND EMERGENCY RESPONSE 

14 PROGRAMS. 

15 (a) IN GENERAL.—Not later than September 30, 2016, 

16 the Comptroller General of the United States shall submit 

17 to the Committee on Homeland Security and Governmental 

18 Affairs of the Senate and the Committee on Science and 

19 Technology of the House of Representatives a report on the 

20 effect of the amendments made by this title. 

21 (b) CONTENTS.—The report required by subsection (a) 

22 shall include the following: 

23 (1) An assessment of the effect of the amendments 

24 made by sections 1803 and 1804 on the effectiveness, 

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1 tion of the grants and assistance awarded under sec2 tions 33 and 34 of the Federal Fire Prevention and 

3 Control Act of 1974 (15 U.S.C. 2229 and 2229a) after 

4 the date of the enactment of this Act. 

5 (2) An evaluation of the extent to which the 

6 amendments made by sections 1803 and 1804 have 

7 enabled recipients of grants and assistance awarded 

8 under such sections 33 and 34 after the date of the 

9 enactment of this Act to mitigate fire and fire-related 

10 and other hazards more effectively. 

11 SEC. 1807. STUDIES AND REPORTS ON THE STATE OF FIRE 

12 SERVICES. 

13 (a) DEFINITIONS.—In this section: 

14 (1) ADMINISTRATOR.—The term ‘‘Adminis15 trator’’ means the Administrator of the United States 

16 Fire Administration. 

17 (2) CAREER FIRE DEPARTMENT, COMBINATION

18 FIRE DEPARTMENT, VOLUNTEER FIRE DEPART19 MENT.—The terms ‘‘career fire department’’, ‘‘com20 bination fire department’’, and ‘‘volunteer fire depart21 ment’’ have the meanings given such terms in section 

22 33(a) of the Federal Fire Prevention and Control Act 

23 of 1974 (15 U.S.C. 2229(a)), as amended by section 

24 1803. 


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1 (3) FIRE SERVICE.—The term ‘‘fire service’’ has 

2 the meaning given such term in section 4 of the Fed3 eral Fire Prevention and Control Act of 1974 (15 

4 U.S.C. 2203). 

5 (b) STUDY AND REPORT ON COMPLIANCE WITH

6 STAFFING STANDARDS.— 

7 (1) STUDY.—The Administrator shall conduct a 

8 study on the level of compliance with national vol9 untary consensus standards for staffing, training, safe 

10 operations, personal protective equipment, and fitness 

11 among the fire services of the United States. 

12 (2) SURVEY.— 

13 (A) IN GENERAL.—In carrying out the 

14 study required by paragraph (1), the Adminis15 trator shall carry out a survey of fire services to 

16 assess the level of compliance of such fire services 

17 with the standards described in such paragraph. 

18 (B) ELEMENTS.—The survey required by 

19 subparagraph (A) shall— 

20 (i) include career fire departments, vol21 unteer fire departments, combination fire 

22 departments, and fire departments serving 

23 communities of different sizes, and such 

24 other distinguishing factors as the Adminis25 trator considers relevant; 


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1 (ii) employ methods to ensure that the 

2 survey accurately reflects the actual rate of 

3 compliance with the standards described in 

4 paragraph (1) among fire services; and 

5 (iii) determine the extent of barriers 

6 and challenges to achieving compliance with 

7 the standards described in paragraph (1) 

8 among fire services. 

9 (C) AUTHORITY TO CARRY OUT SURVEY

10 WITH NONPROFIT.—If the Administrator deter11 mines that it will reduce the costs incurred by 

12 the United States Fire Administration in car13 rying out the survey required by subparagraph 

14 (A), the Administrator may carry out such sur15 vey in conjunction with a nonprofit organization 

16 that has substantial expertise and experience in 

17 the following areas: 

18 (i) The fire services. 

19 (ii) National voluntary consensus 

20 standards. 

21 (iii) Contemporary survey methods. 

22 (3) REPORT ON FINDINGS OF STUDY.— 

23 (A) IN GENERAL.—Not later than 2 years 

24 after the date of the enactment of this Act, the 

25 Administrator shall submit to Congress a report 


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1 on the findings of the Administrator with respect 

2 to the study required by paragraph (1). 

3 (B) CONTENTS.—The report required by 

4 subparagraph (A) shall include the following: 

5 (i) An accurate description, based on 

6 the results of the survey required by para7 graph (2)(A), of the rate of compliance with 

8 the standards described in paragraph (1) 

9 among United States fire services, including 

10 a comparison of the rates of compliance 

11 among career fire departments, volunteer 

12 fire departments, combination fire depart13 ments, and fire departments serving com14 munities of different sizes, and such other 

15 comparisons as Administrator considers rel16 evant. 

17 (ii) A description of the challenges 

18 faced by different types of fire departments 

19 and different types of communities in com20 plying with the standards described in 

21 paragraph (1). 

22 (c) TASK FORCE TO ENHANCE FIREFIGHTER SAFE23 TY.— 

24 (1) ESTABLISHMENT.—Not later than 60 days 

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1 retary of Homeland Security shall establish a task 

2 force to be known as the ‘‘Task Force to Enhance 

3 Firefighter Safety’’ (in this subsection referred to as 

4 the ‘‘Task Force’’). 

5 (2) MEMBERSHIP.— 

6 (A) IN GENERAL.—Members of the Task 

7 Force shall be appointed by the Secretary from 

8 among the general public and shall include the 

9 following: 

10 (i) Representatives of national organi11 zations representing firefighters and fire 

12 chiefs. 

13 (ii) Individuals representing stand14 ards-setting and accrediting organizations, 

15 including representatives from the vol16 untary consensus codes and standards devel17 opment community. 

18 (iii) Such other individuals as the Sec19 retary considers appropriate. 

20 (B) REPRESENTATIVES OF OTHER DEPART21 MENTS AND AGENCIES.—The Secretary may in22 vite representatives of other Federal departments 

23 and agencies that have an interest in fire serv24 ices to participate in the meetings and other ac25 tivities of the Task Force. 


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1 (C) NUMBER; TERMS OF SERVICE; PAY AND

2 ALLOWANCES.—The Secretary shall determine 

3 the number, terms of service, and pay and allow4 ances of members of the Task Force appointed by 

5 the Secretary, except that a term of service of 

6 any such member may not exceed 2 years. 

7 (3) RESPONSIBILITIES.—The Task Force shall— 

8 (A) consult with the Secretary in the con9 duct of the study required by subsection (b)(1); 

10 and 

11 (B) develop a plan to enhance firefighter 

12 safety by increasing fire service compliance with 

13 the standards described in subsection (b)(1), in14 cluding by— 

15 (i) reviewing and evaluating the report 

16 required by subsection (b)(3)(A) to deter17 mine the extent of and barriers to achieving 

18 compliance with the standards described in 

19 subsection (b)(1) among fire services; and 

20 (ii) considering ways in which the 

21 Federal Government, States, and local gov22 ernments can promote or encourage fire 

23 services to comply with such standards. 

24 (4) REPORT.— 


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1 (A) IN GENERAL.—Not later than 180 days 

2 after the date on which the Secretary submits the 

3 report required by subsection (b)(3)(A), the Task 

4 Force shall submit to Congress and the Secretary 

5 a report on the activities and findings of the 

6 Task Force. 

7 (B) CONTENTS.—The report required by 

8 subparagraph (A) shall include the following: 

9 (i) The findings and recommendations 

10 of the Task Force with respect to the study 

11 carried out under subsection (b)(1). 

12 (ii) The plan developed under para13 graph (3)(B). 

14 (d) STUDY AND REPORT ON THE NEEDS OF FIRE

15 SERVICES.— 

16 (1) STUDY.—The Administrator shall conduct a 

17 study— 

18 (A) to define the current roles and activities 

19 associated with fire services on a national, State, 

20 regional, and local level; 

21 (B) to identify the equipment, staffing, and 

22 training required to fulfill the roles and activi23 ties defined under subparagraph (A); 

24 (C) to conduct an assessment to identify 

25 gaps between what fire services currently possess 


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1 and what they require to meet the equipment, 

2 staffing, and training needs identified under 

3 subparagraph (B) on a national and State-by4 State basis; and 

5 (D) to measure the impact of the grant and 

6 assistance program under section 33 of the Fed7 eral Fire Prevention and Control Act of 1974 (15 

8 U.S.C. 2229) in meeting the needs of fire services 

9 and filling the gaps identified under subpara10 graph (C). 

11 (2) REPORT.—Not later than 2 years after the 

12 date of the enactment of this title, the Administrator 

13 shall submit to Congress a report on the findings of 

14 the Administrator with respect to the study conducted 

15 under paragraph (1). 

16 (e) AUTHORIZATION OF APPROPRIATIONS.—There are 

17 authorized to be appropriated to the Administrator to carry 

18 out this section— 

19 (1) $600,000 for fiscal year 2013; and 

20 (2) $600,000 for fiscal year 2014. 

21 Subtitle B—Reauthorization of 

22 United States Fire Administration 

23 SEC. 1811. SHORT TITLE. 

24 This subtitle may be cited as the ‘‘United States Fire 

25 Administration Reauthorization Act of 2012’’. 


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1 SEC. 1812. CLARIFICATION OF RELATIONSHIP BETWEEN 

2 UNITED STATES FIRE ADMINISTRATION AND 

3 FEDERAL EMERGENCY MANAGEMENT AGEN4 CY. 

5 Section 5(c) of the Federal Fire Prevention and Con6 trol Act of 1974 (15 U.S.C. 2204) is amended to read as 

7 follows: 

8 ‘‘(c) DEPUTY ADMINISTRATOR.—The Administrator 

9 may appoint a Deputy Administrator, who shall— 

10 ‘‘(1) perform such functions as the Administrator 

11 shall from time to time assign or delegate; and 

12 ‘‘(2) act as Administrator during the absence or 

13 disability of the Administrator or in the event of a 

14 vacancy in the office of Administrator.’’. 

15 SEC. 1813. MODIFICATION OF AUTHORITY OF ADMINIS16 TRATOR TO EDUCATE PUBLIC ABOUT FIRE 

17 AND FIRE PREVENTION. 

18 Section 6 of the Federal Fire Prevention and Control 

19 Act of 1974 (15 U.S.C. 2205) is amended by striking ‘‘to 

20 take all steps’’ and all that follows through ‘‘fire and fire 

21 prevention.’’ and inserting ‘‘to take such steps as the Ad22 ministrator considers appropriate to educate the public and 

23 overcome public indifference as to fire, fire prevention, and 

24 individual preparedness.’’. 


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1 SEC. 1814. AUTHORIZATION OF APPROPRIATIONS. 

2 Section 17(g)(1) of the Federal Fire Prevention and 

3 Control Act of 1974 (15 U.S.C. 2216(g)(1)) is amended— 

4 (1) in subparagraph (G), by striking ‘‘and’’ at 

5 the end; 

6 (2) in subparagraph (H), by striking the period 

7 at the end and inserting a semicolon; 

8 (3) by adding after subparagraph (H) the fol9 lowing: 

10 ‘‘(I) $76,490,890 for fiscal year 2013, of which 

11 $2,753,672 shall be used to carry out section 8(f); 

12 ‘‘(J) $76,490,890 for fiscal year 2014, of which 

13 $2,753,672 shall be used to carry out section 8(f); 

14 ‘‘(K) $76,490,890 for fiscal year 2015, of which 

15 $2,753,672 shall be used to carry out section 8(f); 

16 ‘‘(L) $76,490,890 for fiscal year 2016, of which 

17 $2,753,672 shall be used to carry out section 8(f); and 

18 ‘‘(M) $76,490,890 for fiscal year 2017, of which 

19 $2,753,672 shall be used to carry out section 8(f).’’; 

20 and 

21 (4) in subparagraphs (E) through (H), by mov22 ing each margin 2 ems to the left. 

23 SEC. 1815. REMOVAL OF LIMITATION. 

24 Section 9(d) of the Federal Fire Prevention and Con25 trol Act of 1974 (15 U.S.C. 2208(d)) is amended— 


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1 (1) by striking ‘‘UPDATE.—’’ and all that follows 

2 through ‘‘The Administrator’’ and inserting ‘‘UP3 DATE.—The Administrator’’; and 

4 (2) by striking paragraph (2). 

5 TITLE XIX—MEMORIAL TO 

6 SLAVES AND FREE BLACK 

7 PERSONS WHO SERVED IN 

8 THE AMERICAN REVOLUTION 

9 SEC. 1901. FINDING. 

10 Congress finds that the contributions of free persons 

11 and slaves who fought during the American Revolution were 

12 of preeminent historical and lasting significance to the 

13 United States, as required by section 8908(b)(1) of title 40, 

14 United States Code. 

15 SEC. 1902. DEFINITIONS. 

16 In this title: 

17 (1) FEDERAL LAND.— 

18 (A) IN GENERAL.—The term ‘‘Federal land’’ 

19 means the parcel of land— 

20 (i) identified as ‘‘Area I’’; and 

21 (ii) depicted on the map numbered 

22 869/86501B and dated June 24, 2003. 

23 (B) EXCLUSION.—The term ‘‘Federal land’’ 

24 does not include the Reserve (as defined in sec25 tion 8902(a) of title 40, United States Code). 


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1 (2) MEMORIAL.—The term ‘‘memorial’’ means 

2 the memorial authorized to be established under sec3 tion 3(a). 

4 SEC. 1903. MEMORIAL AUTHORIZATION. 

5 (a) AUTHORIZATION.—In accordance with subsections 

6 (b) and (c), National Mall Liberty Fund D.C. may establish 

7 a memorial on Federal land in the District of Columbia 

8 to honor the more than 5,000 courageous slaves and free 

9 Black persons who served as soldiers and sailors or provided 

10 civilian assistance during the American Revolution. 

11 (b) PROHIBITION ON USE OF FEDERAL FUNDS.—Na12 tional Mall Liberty Fund D.C. may not use Federal funds 

13 to establish the memorial. 

14 (c) APPLICABLE LAW.—National Mall Liberty Fund 

15 D.C. shall establish the memorial in accordance with chap16 ter 89 of title 40, United States Code. 

17 SEC. 1904. REPEAL OF JOINT RESOLUTIONS. 

18 Public Law 99–558 (110 Stat. 3144) and Public Law 

19 100–265 (102 Stat. 39) are repealed. 

20 DIVISION B—MILITARY CON21 STRUCTION AUTHORIZA22 TIONS 

23 SEC. 2001. SHORT TITLE. 

24 This division may be cited as the ‘‘Military Construc25 tion Authorization Act for Fiscal Year 2013’’. 


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1 SEC. 2002. EXPIRATION OF AUTHORIZATIONS AND 

2 AMOUNTS REQUIRED TO BE SPECIFIED BY 

3 LAW. 

4 (a) EXPIRATION OF AUTHORIZATIONS AFTER THREE

5 YEARS.—Except as provided in subsection (b), all author6 izations contained in titles XXI through XXVII for military 

7 construction projects, land acquisition, family housing 

8 projects and facilities, and contributions to the North At9 lantic Treaty Organization Security Investment Program 

10 (and authorizations of appropriations therefor) shall expire 

11 on the later of— 

12 (1) October 1, 2015; or 

13 (2) the date of the enactment of an Act author14 izing funds for military construction for fiscal year 

15 2016. 

16 (b) EXCEPTION.—Subsection (a) shall not apply to au17 thorizations for military construction projects, land acqui18 sition, family housing projects and facilities, and contribu19 tions to the North Atlantic Treaty Organization Security 

20 Investment Program (and authorizations of appropriations 

21 therefor), for which appropriated funds have been obligated 

22 before the later of— 

23 (1) October 1, 2015; or 

24 (2) the date of the enactment of an Act author25 izing funds for fiscal year 2016 for military construc26 tion projects, land acquisition, family housing 


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1 projects and facilities, or contributions to the North 

2 Atlantic Treaty Organization Security Investment 

3 Program. 

4 TITLE XXI—ARMY MILITARY 

5 CONSTRUCTION 

6 SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND 

7 ACQUISITION PROJECTS. 

8 (a) INSIDE THE UNITED STATES.—Using amounts ap9 propriated pursuant to the authorization of appropriations 

10 in section 2103 and available for military construction 

11 projects inside the United States as specified in the funding 

12 table in section 4601, the Secretary of the Army may ac13 quire real property and carry out military construction 

14 projects for the installations or locations inside the United 

15 States, and in the amounts, set forth in the following table: 

Army: Inside the United States 

State Installation or Location Amount 

Alaska ......................... Fort Wainwright ............................................... $10,400,000 

Joint Base Elmendorf-Richardson ................... $7,900,000 

California .................. Concord .............................................................. $8,900,000 

Colorado ..................... Fort Carson ........................................................ $18,000,000 

Fort McNair ....................................................... $7,200,000 

Georgia ....................... Fort Benning ..................................................... $16,000,000 

Fort Gordon ....................................................... $23,300,000 

Fort Stewart ...................................................... $49,650,000 

Hawaii ....................... Pohakuloa Training Area ................................. $29,000,000 

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-Lakehurst ................. $47,000,000 

Picatinny Arsenal ............................................. $10,200,000 

New York .................... Fort Drum ......................................................... $95,000,000 

North Carolina .......... Fort Bragg ......................................................... $68,000,000 

Oklahoma ................... Fort Sill ............................................................. $4,900,000 

South Carolina .......... Fort Jackson ...................................................... $24,000,000 

Texas .......................... Corpus Christi ................................................... $37,200,000 

Fort Bliss ........................................................... $7,200,000 

Fort Hood .......................................................... $51,200,000 


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Army: Inside the United States—Continued 

State Installation or Location Amount 

Joint Base San Antonio ................................... $21,000,000 

Virginia ..................... Fort Belvoir ....................................................... $94,000,000 

Fort Lee .............................................................. $81,000,000 

Washington ................ Joint Base Lewis McChord ............................... $164,000,000 

Yakima ............................................................... $5,100,000 

1 (b) OUTSIDE THE UNITED STATES.—Using amounts 

2 appropriated pursuant to the authorization of appropria3 tions in section 2103 and available for military construc4 tion projects outside the United States as specified in the 

5 funding table in section 4601, the Secretary of the Army 

6 may acquire real property and carry out military construc7 tion projects for the installations or locations outside the 

8 United States, and in the amounts, set forth in the following 

9 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 

10 SEC. 2102. FAMILY HOUSING. 

11 Using amounts appropriated pursuant to the author12 ization of appropriations in section 2103 and available for 

13 military family housing functions as specified in the fund14 ing table in section 4601, the Secretary of the Army may 

15 carry out architectural and engineering services and con16 struction design activities with respect to the construction 


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1 or improvement of family housing units in an amount not 

2 to exceed $4,641,000. 

3 SEC. 2103. AUTHORIZATION OF APPROPRIATIONS, ARMY. 

4 Funds are hereby authorized to be appropriated for fis5 cal years beginning after September 30, 2012, for military 

6 construction, land acquisition, and military family housing 

7 functions of the Department of the Army, as specified in 

8 the funding table in section 4601. 

9 SEC. 2104. MODIFICATION OF AUTHORITY TO CARRY OUT 

10 CERTAIN FISCAL YEAR 2010 PROJECT. 

11 In the case of the authorization contained in the table 

12 in section 2101(a) of the Military Construction Authoriza13 tion Act for Fiscal Year 2010 (division B of Public Law 

14 111–84; 123 Stat. 2628) for Fort Belvoir, Virginia, for con15 struction of a Road and Access Control Point at the instal16 lation, the Secretary of the Army may construct a standard 

17 design Access Control Point consistent with the Army’s con18 struction guidelines for Access Control Points. 

19 SEC. 2105. EXTENSION OF AUTHORIZATIONS OF CERTAIN 

20 FISCAL YEAR 2009 PROJECTS. 

21 (a) EXTENSION.—Notwithstanding section 2002 of the 

22 Military Construction Authorization Act for Fiscal Year 

23 2009 (division B of Public Law 110–417; 122 Stat. 4658), 

24 authorizations set forth in the table in subsection (b), as 

25 provided in section 2101 of that Act (122 Stat. 4659), shall 


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1 remain in effect until October 1, 2013, or the date of the 

2 enactment of an Act authorizing funds for military con3 struction for fiscal year 2014, whichever is later. 

4 (b) TABLE.—The table referred to in subsection (a) is 

5 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 

Phase I ....................................... $9,900,000 

6 SEC. 2106. EXTENSION OF AUTHORIZATIONS OF CERTAIN 

7 FISCAL YEAR 2010 PROJECTS. 

8 (a) EXTENSION.—Notwithstanding section 2002 of the 

9 Military Construction Authorization Act for Fiscal Year 

10 2010 (division B of Public Law 111–84; 123 Stat. 2627), 

11 authorizations set forth in the table in subsection (b), as 

12 provided in section 2101 of that Act (123 Stat. 2628), shall 

13 remain in effect until October 1, 2013, or the date of the 

14 enactment of an Act authorizing funds for military con15 struction for fiscal year 2014, whichever is later. 

16 (b) TABLE.—The table referred to in subsection (a) is 

17 as follows: 

Army: Extension of 2010 Project Authorizations 

State/Country Installation or 

Location Project Amount 

Louisiana ........... Fort Polk ................ Land Purchases and Condemnation.$17,000,000 

New Jersey ......... Picatinny Arsenal Ballistic Evaluation Facility, 

Ph2.

$10,200,000 

Virginia .............. Fort Belvoir ........... Road and Access Control Point $9,500,000 


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Army: Extension of 2010 Project Authorizations—Continued 

State/Country Installation or 

Location Project Amount 

Washington ......... Fort Lewis .............. Fort Lewis-McCord AFB Joint 

Access.

$9,000,000 

Kuwait ................ Kuwait ................... APS Warehouses ....................... $82,000,000 

1 SEC. 2107. ADDITIONAL AUTHORITY TO CARRY OUT CER2 TAIN FISCAL YEAR 2013 PROJECT. 

3 (a) PROJECT AUTHORIZATION.—The Secretary of the 

4 Army may carry out a military construction project to con5 struct a cadet barracks at the U.S. Military Academy, New 

6 York, in the amount of $192,000,000. 

7 (b) USE OF UNOBLIGATED PRIOR-YEAR MILITARY

8 CONSTRUCTION FUNDS.—The Secretary of the Army shall 

9 use available, unobligated military construction funds ap10 propriated for a fiscal year before fiscal year 2013 for the 

11 project described in subsection (a). 

12 (c) CONGRESSIONAL NOTIFICATION.—The Secretary of 

13 the Army shall provide information in accordance with sec14 tion 2851(c) of title 10, United States Code, regarding the 

15 project described in subsection (a). If it becomes necessary 

16 to exceed the estimated project cost, the Secretary shall uti17 lize the authority provided by section 2853 of such title re18 garding authorized cost and scope of work variations. 


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1 TITLE XXII—NAVY MILITARY 

2 CONSTRUCTION 

3 SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND 

4 ACQUISITION PROJECTS. 

5 (a) INSIDE THE UNITED STATES.—Using amounts ap6 propriated pursuant to the authorization of appropriations 

7 in section 2204 and available for military construction 

8 projects inside the United States as specified in the funding 

9 table in section 4601, the Secretary of the Navy may ac10 quire real property and carry out military construction 

11 projects for the installations or locations inside the United 

12 States, and in the amounts, set forth in the following table: 

Inside the United States 

State Installation or Location Amount 

Arizona ..................... Yuma ................................................................... $29,285,000 

California ................. Camp Pendleton ................................................. $88,110,000 

Coronado ............................................................. $78,541,000 

Miramar .............................................................. $27,897,000 

San Diego ........................................................... $71,188,000 

Seal Beach .......................................................... $30,594,000 

Twentynine Palms ............................................. $47,270,000 

Ventura County .................................................. $12,790,000 

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 

13 (b) OUTSIDE THE UNITED STATES.—Using amounts 

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1 tions in section 2204 and available for military construc2 tion projects outside the United States as specified in the 

3 funding table in section 4601, the Secretary of the Navy 

4 may acquire real property and carry out military construc5 tion projects for the installation or location outside the 

6 United States, and in the amounts, set forth in the following 

7 table: 

Navy: Outside the United States 

Country Installation or Location Amount 

Bahrain Island ............ SW Asia ............................................................. $51,348,000 

Diego Garcia ................ Diego Garcia ...................................................... $1,691,000 

Djibouti ........................ Camp Lemonier ................................................. $99,420,000 

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 

8 SEC. 2202. FAMILY HOUSING. 

9 Using amounts appropriated pursuant to the author10 ization of appropriations in section 2204 and available for 

11 military family housing functions as specified in the fund12 ing table in section 4601, the Secretary of the Navy may 

13 carry out architectural and engineering services and con14 struction design activities with respect to the construction 

15 or improvement of family housing units in an amount not 

16 to exceed $4,527,000. 

17 SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY HOUSING 

18 UNITS. 

19 Subject to section 2825 of title 10, United States Code, 

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1 ization of appropriations in section 2204 and available for 

2 military family housing functions as specified in the fund3 ing table in section 4601, the Secretary of the Navy may 

4 improve existing military family housing units in an 

5 amount not to exceed $97,655,000. 

6 SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY. 

7 Funds are hereby authorized to be appropriated for fis8 cal years beginning after September 30, 2012, for military 

9 construction, land acquisition, and military family housing 

10 functions of the Department of the Navy, as specified in 

11 the funding table in 4601, including incremental funding 

12 for the construction of increment 2 of explosives handling 

13 wharf 2 at Kitsap, Washington, authorized by section 

14 2201(a) of the Military Construction Authorization Act for 

15 Fiscal Year 2012 (division B of Public Law 112–81; 125 

16 Stat. 1666), $254,241,000. 

17 SEC. 2205. MODIFICATION OF AUTHORITY TO CARRY OUT 

18 CERTAIN FISCAL YEAR 2012 PROJECT. 

19 In the case of the authorization contained in the table 

20 in section 2201(a) of the Military Construction Authoriza21 tion Act for Fiscal Year 2012 (division B of Public Law 

22 112–81; 125 Stat. 1666), for Kitsap (Bangor) Washington, 

23 for construction of Explosives Handling Wharf #2 at that 

24 location, the Secretary of the Navy may acquire fee or lesser 

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1 mental mitigation for the project using appropriations au2 thorized for the project. 

3 SEC. 2206. EXTENSION OF AUTHORIZATIONS OF CERTAIN 

4 FISCAL YEAR 2009 PROJECTS. 

5 (a) EXTENSION.—Notwithstanding section 2002 of the 

6 Military Construction Authorization Act for Fiscal Year 

7 2009 (division B of Public Law 110–417; 122 Stat. 4658), 

8 the authorization set forth in the table in subsection (b), 

9 as provided in section 2201 of that Act (122 Stat 4670) 

10 and extended by section 2206 of the Military Construction 

11 Authorization Act for Fiscal Year 2012 (division B of Pub12 lic Law 112–81; 125 Stat. 1668), shall remain in effect 

13 until October 1, 2013, or the date of an Act authorizing 

14 funds for military construction for fiscal year 2014, which15 ever is later. 

16 (b) TABLE.—The table referred to in subsection (a) is 

17 as follows: 

Navy: Extension of 2009 Project Authorization 

State/Country Installation or Location Project Amount 

California .................... Marine Corps Base, 

Camp Pendleton ..... Operations Access 

Points, Red Beach .. $11,970,000 

Marine Corps Air Station, Miramar ......... Emergency Response 

Station .................... $6,530,000 

District of Columbia ... Washington Navy 

Yard ......................... Child Development 

Center ...................... $9,340,000 


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1 SEC. 2207. EXTENSION OF AUTHORIZATIONS OF CERTAIN 

2 FISCAL YEAR 2010 PROJECTS. 

3 (a) EXTENSION.—Notwithstanding section 2002 of the 

4 Military Construction Authorization Act for Fiscal Year 

5 2010 (division B of Public Law 111–84; 123 Stat. 2627), 

6 the authorization set forth in the table in subsection (b), 

7 as provided in section 2201 of that Act (123 Stat. 2632), 

8 shall remain in effect until October 1, 2013, or the date 

9 of an Act authorizing funds for military construction for 

10 fiscal year 2014, whichever is later. 

11 (b) TABLE.—The table referred to in subsection (a) is 

12 as follows: 

Navy: Extension of 2010 Project Authorization 

State/Country Installation or Location Project Amount 

California .................... Mountain Warfare 

Training Center, 

Bridgeport ............... Mountain Warfare 

Training, Commissary .................... $6,830,000 

Maine ........................... Portsmouth Naval 

Shipyard ................. Gate 2 Security Improvements .............. $7,090,000 

Djibouti ....................... Camp Lemonier .......... Security Fencing ........ $8,109,000 

Ammo Supply Point .. $21,689,000 

Interior Paved Roads $7,275,000 

13 SEC. 2208. REALIGNMENT OF MARINES IN THE ASIA-PA14 CIFIC REGION. 

15 (a) RESTRICTION ON USE OF FUNDS.—Except as pro16 vided in subsection (c), none of the funds authorized to be 

17 appropriated under this Act, and none of the amounts pro18 vided by the Government of Japan for construction activi19 ties on land under the jurisdiction of the Department of 


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1 Defense, may be obligated or expended to implement the re2 alignment of Marine Corps forces from Okinawa to other 

3 locations until— 

4 (1) the Commander of the United States Pacific 

5 Command provides to the congressional defense com6 mittees an assessment of the strategic and logistical 

7 resources needed to ensure the distributed lay-down of 

8 members of the United States Marine Corps in the 

9 United States Pacific Command Area of Responsi10 bility meets the contingency operations plans; 

11 (2) the Secretary of Defense submits to the con12 gressional defense committees master plans for the 

13 construction of facilities and infrastructure to execute 

14 the Marine Corps distributed lay-down on Guam, 

15 Australia, and Hawaii, including a detailed descrip16 tion of costs and the schedule for such construction; 

17 (3) the Secretary of the Navy submits a plan to 

18 the congressional defense committees detailing the pro19 posed investments and schedules required to restore 

20 facilities and infrastructure at Marine Corps Air Sta21 tion Futenma; and 

22 (4) a plan coordinated by all pertinent Federal 

23 agencies is provided to the congressional defense com24 mittees detailing descriptions of work, costs, and a 

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1 ments, and repairs to the non-military utilities, fa2 cilities, and infrastructure, if any, on Guam affected 

3 by the realignment of forces. 

4 (b) DEVELOPMENT OF PUBLIC INFRASTRUCTURE.— 

5 (1) AUTHORIZATION REQUIRED.—If the Sec6 retary of Defense determines that any grant, coopera7 tive agreement, transfer of funds to another Federal 

8 agency, or supplement of funds available in fiscal 

9 year 2012 or fiscal year 2013 under Federal pro10 grams administered by agencies other than the De11 partment of Defense will result in the development 

12 (including repair, replacement, renovation, conver13 sion, improvement, expansion, acquisition, or con14 struction) of public infrastructure on Guam, the Sec15 retary of Defense may not carry out such grant, 

16 transfer cooperative agreement, or supplemental fund17 ing unless specifically authorized by law. 

18 (2) PUBLIC INFRASTRUCTURE DEFINED.—In this 

19 section, the term ‘‘public infrastructure’’ means any 

20 utility, method of transportation, item of equipment, 

21 or facility under the control of a public entity or 

22 State or local government that is used by, or con23 structed for the benefit of, the general public. 

24 (c) EXCEPTION TO RESTRICTION ON USE OF FUNDS.— 

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1 section (a) to carry out additional analysis or studies re2 quired the National Environmental Policy Act of 1969 (42 

3 U.S.C. 4321 et seq.) for proposed actions on Guam or Ha4 waii. 

5 (d) DISTRIBUTED LAY-DOWN DEFINED.—For purposes 

6 of this section, the term ‘‘distributed lay-down’’ refers to 

7 the planned distribution of Marines in Okinawa, Guam, 

8 Hawaii, Australia, and possibly elsewhere that is con9 templated in support of the joint statement of the U.S. – 

10 Japan Security Consultative Committee dated April 27, 

11 2012. 

12 (e) REPEAL.—Section 2207 of the National Defense 

13 Authorization Act for Fiscal Year 2012 (Public Law 112– 

14 81; 125 Stat. 1668) is repealed. 

15 TITLE XXIII—AIR FORCE 

16 MILITARY CONSTRUCTION 

17 SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND 

18 LAND ACQUISITION PROJECTS. 

19 (a) INSIDE THE UNITED STATES.—Using amounts ap20 propriated pursuant to the authorization of appropriations 

21 in section 2304 and available for military construction 

22 projects inside the United States as specified in the funding 

23 table in section 4601, the Secretary of the Air Force may 

24 acquire real property and carry out military construction 


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1 projects for the installations or locations inside the United 

2 States, and in the amounts, set forth in the following table: 

Air Force: Inside the United States 

State Installation or Location Amount 

Arkansas ................................. Little Rock AFB ............................... $30,178,000 

Florida .................................... Tyndall AFB ..................................... $14,750,000 

Georgia ................................... Fort Stewart ...................................... $7,250,000 

Moody AFB ....................................... $8,500,000 

New Mexico ............................ Holloman AFB .................................. $25,000,000 

North Dakota ......................... Minot AFB ........................................ $4,600,000 

Texas ....................................... Joint Base San Antonio ................... $18,000,000 

Utah ........................................ Hill AFB ........................................... $13,530,000 

3 (b) OUTSIDE THE UNITED STATES.—Using amounts 

4 appropriated pursuant to the authorization of appropria5 tions in section 2304 and available for military construc6 tion projects outside the United States as specified in the 

7 funding table in section 4601, the Secretary of the Air Force 

8 may acquire real property and carry out military construc9 tion projects for the installations or locations outside the 

10 United States, and in the amounts, set forth in the following 

11 table: 

Air Force: Outside the United States 

State Installation or Location Amount 

Greenland ............................... Thule AB ........................................... $24,500,000 

Italy ........................................ Aviano AB ......................................... $9,400,000 

Worldwide Unspecified .......... Unspecified Worldwide Locations ... $34,657,000 

12 SEC. 2302. FAMILY HOUSING. 

13 Using amounts appropriated pursuant to the author14 ization of appropriations in section 2304 and available for 

15 military family housing functions as specified in the fund16 ing table in section 4601, the Secretary of the Air Force 

17 may carry out architectural and engineering services and 


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1 construction design activities with respect to the construc2 tion or improvement of family housing units in an amount 

3 not to exceed $4,253,000. 

4 SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY HOUSING 

5 UNITS. 

6 Subject to section 2825 of title 10, United States Code, 

7 and using amounts appropriated pursuant to the author8 ization of appropriations in section 2304 and available for 

9 military family housing functions as specified in the fund10 ing table in section 4601, the Secretary of the Air Force 

11 may improve existing military family housing units in an 

12 amount not to exceed $79,571,000. 

13 SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR 

14 FORCE. 

15 Funds are hereby authorized to be appropriated for fis16 cal years beginning after September 30, 2012, for military 

17 construction, land acquisition, and military family housing 

18 functions of the Department of the Air Force, as specified 

19 in the funding table in section 4601, including incremental 

20 funding for the construction of increment 2 of the U.S. 

21 Strategic Command Replacement Facility at Offutt Air 

22 Force Base, Nebraska, authorized by section 2301(a) of the 

23 Military Construction Authorization Act for Fiscal Year 

24 2012 (division B of Public Law 112–81; 125 Stat. 1670), 

25 $111,000,000. 


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1 SEC. 2305. EXTENSION OF AUTHORIZATIONS OF CERTAIN 

2 FISCAL YEAR 2010 PROJECTS. 

3 (a) EXTENSION.—Notwithstanding section 2002 of the 

4 Military Construction Authorization Act for Fiscal Year 

5 2010 (division B of Public Law 111–84; 123 Stat. 2627), 

6 authorizations set forth in the table in subsection (b), as 

7 provided in section 2301 of that Act (123 Stat. 2636), shall 

8 remain in effect until October 1, 2013, or the date of an 

9 Act authorizing funds for military construction for fiscal 

10 year 2014, whichever is later. 

11 (b) TABLE.—The table referred to in subsection (a) is 

12 as follows: 

Air Force: Extension of 2010 Project Authorizations 

State Installation or 

Location Project Amount 

Missouri ............. Whiteman AFB ............... Land Acquisition 

North & South 

Boundary ............... $5,500,000 

Montana ............. Malmstrom AFB ............. Weapons Storage Area 

(WSA), Phase 2 ..... $10,600,000 

13 TITLE XXIV—DEFENSE AGEN14 CIES MILITARY CONSTRUC15 TION 

16 Subtitle A—Defense Agency 

17 Authorizations 

18 SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUC19 TION AND LAND ACQUISITION PROJECTS. 

20 (a) INSIDE THE UNITED STATES.—Using amounts ap21 propriated pursuant to the authorization of appropriations 


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1 in section 2403 and available for military construction 

2 projects inside the United States as specified in the funding 

3 table in section 4601, the Secretary of Defense may acquire 

4 real property and carry out military construction projects 

5 for the installations or locations inside the United States, 

6 and in the amounts, set forth in the following table: 

Defense Agencies: Inside the United States 

State Installation or Location Amount 

Arizona ....................... 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 

CONUS Classified ..... Classified Location ............................................. $6,477,000 

Delaware ..................... Dover AFB .......................................................... $2,000,000 

Florida ........................ Eglin AFB .......................................................... $41,695,000 

Hurlburt Field .................................................... $16,000,000 

MacDill AFB ...................................................... $34,409,000 

Hawaii ........................ Joint Base Pearl Harbor-Hickam ..................... $24,289,000 

Illinois ........................ Great Lakes ......................................................... $28,700,000 

Scott AFB ........................................................... $86,711,000 

Indiana ....................... Grissom ARB ...................................................... $26,800,000 

Kentucky ..................... Fort Campbell ..................................................... $71,639,000 

Louisiana ................... Barksdale AFB ................................................... $11,700,000 

Maryland .................... Annapolis ............................................................ $66,500,000 

Bethesda Naval Hospital ................................... $62,200,000 

Fort Meade .......................................................... $128,600,000 

Missouri ...................... Fort Leonard Wood ............................................ $18,100,000 

New Mexico ................. Cannon AFB ....................................................... $93,085,000 

New York .................... Fort Drum ........................................................... $43,200,000 

North Carolina ........... Camp Lejeune ..................................................... $80,064,000 

Fort Bragg .......................................................... $130,422,000 

Seymour Johnson AFB ...................................... $55,450,000 

Pennsylvania .............. DEF Distribution Depot New Cumberland ..... $17,400,000 

South Carolina ........... Shaw AFB ........................................................... $57,200,000 

Texas ........................... Red River Army Depot ...................................... $16,715,000 

Virginia ...................... Joint Expeditionary Base Little Creek - Story $11,132,000 

Norfolk ................................................................. $8,500,000 

Washington ................. Fort Lewis ........................................................... $50,520,000 

7 (b) OUTSIDE THE UNITED STATES.—Using amounts 

8 appropriated pursuant to the authorization of appropria9 tions in section 2403 and available for military construc10 tion projects outside the United States as specified in the 


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1 funding table in section 4601, the Secretary of Defense may 

2 acquire real property and carry out military construction 

3 projects for the installations or locations outside the United 

4 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 

Germany ............... Stuttgart-Patch Barracks .................................. $2,413,000 

Vogelweh .............................................................. $61,415,000 

Weisbaden ............................................................ $52,178,000 

Guantanamo Bay, 

Cuba .................. Guantanamo Bay ............................................... $40,200,000 

Japan .................... Camp Zama ........................................................ $13,273,000 

Kadena AB .......................................................... $143,545,000 

Sasebo .................................................................. $35,733,000 

Zukeran ............................................................... $79,036,000 

Korea ..................... Kunsan AB ......................................................... $13,000,000 

Osan AB .............................................................. $77,292,000 

Romania ............... Deveselu ............................................................... $157,900,000 

United Kingdom .. Menwith Hill Station ......................................... $50,283,000 

RAF Feltwell ....................................................... $30,811,000 

RAF Mildenhall .................................................. $6,490,000 

5 SEC. 2402. AUTHORIZED ENERGY CONSERVATION 

6 PROJECTS. 

7 Using amounts appropriated pursuant to the author8 ization of appropriations in section 2403 and available for 

9 energy conservation projects as specified in the funding 

10 table in 4601, the Secretary of Defense may carry out en11 ergy conservation projects under chapter 173 of title 10, 

12 United States Code, in the amount of $150,000,000. 

13 SEC. 2403. AUTHORIZATION OF APPROPRIATIONS, DEFENSE 

14 AGENCIES. 

15 Funds are hereby authorized to be appropriated for fis16 cal years beginning after September 30, 2012, for military 

17 construction, land acquisition, and military family housing 


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1 functions of the Department of Defense (other than the mili2 tary departments), as specified in the funding table in 

3 4601, including incremental funding for the following 

4 projects in the following amounts: 

5 (1) For the construction of increment 7 of the 

6 Army Medical Research Institute of Infectious Dis7 eases Stage I at Fort Detrick, Maryland, authorized 

8 by section 2401(a) of the Military Construction Au9 thorization Act for Fiscal Year 2007 (division B of 

10 Public Law 109–364; 120 Stat. 2457), $19,000,000. 

11 (2) For the construction of increment 4 of a Na12 tional Security Agency data center at Camp Wil13 liams, Utah, authorized as a Military Construction, 

14 Defense-Wide project by title X of the Supplemental 

15 Appropriations Act, 2009 (Public Law 111–32; 123 

16 Stat. 1888), $191,414,000. 

17 (3) For the construction of increment 4 of the 

18 hospital at Fort Bliss, Texas, authorized by section 

19 2401(a) of the Military Construction Authorization 

20 Act for Fiscal Year 2010 (division B of Public Law 

21 111–84; 123 Stat. 2642), $107,400,000. 

22 (4) For the construction of increment 2 of the 

23 high performance computing center at Fort Meade, 

24 Maryland, authorized by section 2401(a) of the Mili25 tary Construction Authorization Act for Fiscal Year 


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1 2012 (division B of Public Law 112–81; 125 Stat. 

2 1672), as amended by section 2405(a) of this Act, 

3 $225,521,000. 

4 (5) For the construction of increment 2 of the 

5 ambulatory care center phase 3 at Joint Base San 

6 Antonio, Texas, authorized by section 2401(a) of the 

7 Military Construction Authorization Act for Fiscal 

8 Year 2012 (division B of Public Law 112–81; 125 

9 Stat. 1672), $80,700,000. 

10 (6) For the construction of increment 2 of the 

11 medical center replacement at Rhine Ordnance Bar12 racks, Germany, authorized by section 2401(b) of the 

13 Military Construction Authorization Act for Fiscal 

14 Year 2012 (division B of Public Law 112–81; 125 

15 Stat. 1673), $127,000,000. 

16 SEC. 2404. EXTENSION OF AUTHORIZATION OF CERTAIN 

17 FISCAL YEAR 2010 PROJECT. 

18 (a) EXTENSION.—Notwithstanding section 2002 of the 

19 Military Construction Authorization Act for Fiscal Year 

20 2010 (division B of Public Law 111–84; 123 Stat. 2627), 

21 authorizations set forth in the table in subsection (b), as 

22 provided in section 2401(a) of that Act (123 Stat. 2640), 

23 shall remain in effect until October 1, 2013, or the date 

24 of the enactment of an Act authorizing funds for military 

25 construction for fiscal year 2014, whichever is later: 


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1 (b) TABLE.—The table referred to in subsection (a) is 

2 as follows: 

Washington Headquarters Services: Extension of 2010 Project 

Authorization 

State Installation or 

Location Project Amount 

Virginia .............. Pentagon Reservation ......... Pentagon electrical upgrade ......... $19,272,000 

3 SEC. 2405. MODIFICATION OF AUTHORITY TO CARRY OUT 

4 CERTAIN FISCAL YEAR 2012 PROJECT. 

5 The table in section 2401(a) of the Military Construc6 tion Authorization Act for Fiscal Year 2012 (division B 

7 of Public Law 112–81; 125 Stat. 1672), is amended in the 

8 item relating to Fort Meade, Maryland, by striking 

9 ‘‘$29,640,000’’ in the amount column and inserting 

10 ‘‘$792,200,000’’. 

11 SEC. 2406. ADDITIONAL AUTHORITY TO CARRY OUT CER12 TAIN FISCAL YEAR 2013 PROJECT. 

13 (a) PROJECT AUTHORIZATION.—The Secretary of De14 fense may carry out a military construction project to con15 struct an Upgrade Fuel Pipeline at Andersen Air Force 

16 Base, Guam, in the amount of $67,500,000. 

17 (b) LIMITATION.—No funds may be obligated or ex18 pended for the project described in subsection (a) until the 

19 Commander of the United States Pacific Command pro20 vides to the congressional defense committees a report, with 

21 classified annex if necessary, detailing the strategic and 

22 operational requirements satisfied by the construction of 


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1 this project and a certification that this project is a bona 

2 fide need for meeting national security objectives for fiscal 

3 year 2013. 

4 (c) USE OF UNOBLIGATED PRIOR-YEAR MILITARY

5 CONSTRUCTION FUNDS.—The Secretary of Defense shall use 

6 available, unobligated military construction funds appro7 priated for a fiscal year before fiscal year 2013 for the 

8 project described in subsection (a). 

9 (d) CONGRESSIONAL NOTIFICATION.—The Secretary of 

10 Defense shall provide information in accordance with sec11 tion 2851(c) of title 10, United States Code, regarding the 

12 project described in subsection (a). If it becomes necessary 

13 to exceed the estimated project cost, the Secretary shall uti14 lize the authority provided by section 2853 of such title re15 garding authorized cost and scope of work variations. 

16 Subtitle B—Chemical 

17 Demilitarization Authorizations 

18 SEC. 2411. AUTHORIZATION OF APPROPRIATIONS, CHEM19 ICAL DEMILITARIZATION CONSTRUCTION, 

20 DEFENSE-WIDE. 

21 Funds are hereby authorized to be appropriated for fis22 cal years beginning after September 30, 2012, for military 

23 construction and land acquisition for chemical demili24 tarization, as specified in the funding table in section 4601, 


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1 including incremental funding for the following projects in 

2 the following amounts: 

3 (1) For the construction of phase 14 of a chem4 ical munitions demilitarization facility at Pueblo 

5 Chemical Activity, Colorado, authorized by section 

6 2401(a) of the Military Construction Authorization 

7 Act for Fiscal Year 1997 (division B of Public Law 

8 104–201; 110 Stat. 2775), as amended by section 

9 2406 of the Military Construction Authorization Act 

10 for Fiscal Year 2000 (division B of Public Law 106– 

11 65; 113 Stat. 839), section 2407 of the Military Con12 struction Authorization Act for Fiscal Year 2003 (di13 vision B of Public Law 107–314; 116 Stat. 2698), 

14 and section 2413 of the Military Construction Author15 ization Act for Fiscal Year 2009 (division B of Public 

16 Law 110–417; 122 Stat. 4697), $36,000,000. 

17 (2) For the construction of phase 13 of a muni18 tions demilitarization facility at Blue Grass Army 

19 Depot, Kentucky, authorized by section 2401(a) of the 

20 Military Construction Authorization Act for Fiscal 

21 Year 2000 (division B of Public Law 106–65; 113 

22 Stat. 835), as amended by section 2405 of the Mili23 tary Construction Authorization Act for Fiscal Year 

24 2002 (division B of Public Law 107–107; 115 Stat. 

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1 thorization Act for Fiscal Year 2003 (division B of 

2 Public Law 107–314; 116 Stat. 2698), section 2414 of 

3 the Military Construction Authorization Act for Fis4 cal Year 2009 (division B of Public Law 110–417; 

5 122 Stat. 4697), and section 2412 of the Military 

6 Construction Authorization Act for Fiscal Year 2011 

7 (division B Public Law 111–383; 124 Stat. 4450), 

8 $115,000,000. 

9 SEC. 2412. MODIFICATION OF AUTHORITY TO CARRY OUT 

10 CERTAIN FISCAL YEAR 1997 PROJECT. 

11 (a) MODIFICATIONS.—The table in section 2401(a) of 

12 the Military Construction Authorization Act for Fiscal Year 

13 1997 (division B of Public Law 104–201; 110 Stat. 2775), 

14 as amended by section 2406 of the Military Construction 

15 Authorization Act for Fiscal Year 2000 (division B of Pub16 lic Law 106–65; 113 Stat. 839), section 2407 of the Military 

17 Construction Authorization Act for Fiscal Year 2003 (divi18 sion B of Public Law 107–314; 116 Stat. 2699), and section 

19 2413 of the Military Construction Authorization Act for 

20 Fiscal Year 2009 (division B of Public Law 110–417; 122 

21 Stat. 4697), is amended— 

22 (1) under the agency heading relating to Chem23 ical Demilitarization Program, in the item relating 

24 to Pueblo Army Depot, Colorado, by striking 


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1 ‘‘$484,000,000’’ in the amount column and inserting 

2 ‘‘$520,000,000’’; and 

3 (2) by striking the amount identified as the total 

4 in the amount column and inserting ‘‘$866,454,000’’. 

5 (b) CONFORMING AMENDMENT.—Section 2406(b)(2) of 

6 the Military Construction Authorization Act for Fiscal Year 

7 1997 (110 Stat. 2779), as so amended, is further amended 

8 by striking ‘‘$484,000,000’’ and inserting ‘‘$520,000,000’’. 

9 TITLE XXV—NORTH ATLANTIC 

10 TREATY ORGANIZATION SE11 CURITY INVESTMENT PRO12 GRAM 

13 SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND 

14 ACQUISITION PROJECTS. 

15 The Secretary of Defense may make contributions for 

16 the North Atlantic Treaty Organization Security Invest17 ment Program as provided in section 2806 of title 10, 

18 United States Code, in an amount not to exceed the sum 

19 of the amount authorized to be appropriated for this pur20 pose in section 2502 and the amount collected from the 

21 North Atlantic Treaty Organization as a result of construc22 tion previously financed by the United States. 

23 SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO. 

24 Funds are hereby authorized to be appropriated for fis25 cal years beginning after September 30, 2012, for contribuVerDate Mar 15 2010 01:32 Dec 07, 2012 Jkt 029200 PO 00000 Frm 00932 Fmt 6652 Sfmt 6203 E:\SENENR\H4310.PP H4310

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1 tions by the Secretary of Defense under section 2806 of title 

2 10, United States Code, for the share of the United States 

3 of the cost of projects for the North Atlantic Treaty Organi4 zation Security Investment Program authorized by section 

5 2501, as specified in the funding table in section 4601. 

6 TITLE XXVI—GUARD AND 

7 RESERVE FORCES FACILITIES 

8 Subtitle A—Project Authorizations 

9 and Authorization of Appropria10 tions 

11 SEC. 2601. AUTHORIZED ARMY NATIONAL GUARD CON12 STRUCTION AND LAND ACQUISITION 

13 PROJECTS. 

14 (a) INSIDE THE UNITED STATES.—Using amounts ap15 propriated pursuant to the authorization of appropriations 

16 in section 2606 and available for the National Guard and 

17 Reserve as specified in the funding table in section 4601, 

18 the Secretary of the Army may acquire real property and 

19 carry out military construction projects for the Army Na20 tional Guard locations inside the United States, and in the 

21 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 


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Army National Guard: Inside the United States—Continued 

State Location Amount 

Idaho .......................... Orchard Training Area .................................... $40,000,000 

Indiana ...................... South Bend ........................................................ $21,000,000 

Terre 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 

St. Paul .............................................................. $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 

1 (b) OUTSIDE THE UNITED STATES.—Using amounts 

2 appropriated pursuant to the authorization of appropria3 tions in section 2606 and available for the National Guard 

4 and Reserve as specified in the funding table in section 

5 4601, the Secretary of the Army may acquire real property 

6 and carry out military construction projects for the Army 

7 National Guard locations outside the United States, and 

8 in the amounts, set forth in the following table: 

Army National Guard: Outside the United States 

Country Installation 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 


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1 SEC. 2602. AUTHORIZED ARMY RESERVE CONSTRUCTION 

2 AND LAND ACQUISITION PROJECTS. 

3 Using amounts appropriated pursuant to the author4 ization of appropriations in section 2606 and available for 

5 the National Guard and Reserve as specified in the funding 

6 table in section 4601, the Secretary of the Army may ac7 quire real property and carry out military construction 

8 projects for the Army Reserve locations inside the United 

9 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 Ground ....................... $21,000,000 

Baltimore .................................................. $10,000,000 

Massachusetts ...................... Devens Reserve Forces Training Area ... $8,500,000 

Nevada ................................. Las Vegas .................................................. $21,000,000 

New Jersey .......................... Joint Base McGuire-Dix-Lakehurst ....... $7,400,000 

Washington ......................... Joint Base Lewis-McChord ..................... $40,000,000 

Wisconsin ............................ Fort McCoy ............................................... $47,800,000 

10 SEC. 2603. AUTHORIZED NAVY RESERVE AND MARINE 

11 CORPS RESERVE CONSTRUCTION AND LAND 

12 ACQUISITION PROJECTS. 

13 Using amounts appropriated pursuant to the author14 ization of appropriations in section 2606 and available for 

15 the National Guard and Reserve as specified in the funding 

16 table in section 4601, the Secretary of the Navy may ac17 quire real property and carry out military construction 

18 projects for the Navy Reserve and Marine Corps Reserve 

19 locations inside the United States, and in the amounts, set 

20 forth in the following table: 


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Navy Reserve 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 

1 SEC. 2604. AUTHORIZED AIR NATIONAL GUARD CONSTRUC2 TION AND LAND ACQUISITION PROJECTS. 

3 Using amounts appropriated pursuant to the author4 ization of appropriations in section 2606 and available for 

5 the National Guard and Reserve as specified in the funding 

6 table in section 4601, the Secretary of the Air Force may 

7 acquire real property and carry out military construction 

8 projects for the Air National Guard locations inside the 

9 United States, and in the amounts, set forth in the following 

10 table: 

Air National Guard 

State Location Amount 

California ............................ Fresno Yosemite IAP ANG ...................... $11,000,000 

Hawaii ................................ Joint Base Pearl Harbor-Hickam .......... $6,500,000 

New Mexico ......................... Kirtland AFB ........................................... $8,500,000 

Wyoming ............................. Cheyenne MAP ......................................... $6,486,000 

11 SEC. 2605. AUTHORIZED AIR FORCE RESERVE CONSTRUC12 TION AND LAND ACQUISITION PROJECTS. 

13 Using amounts appropriated pursuant to the author14 ization of appropriations in section 2606 and available for 

15 the National Guard and Reserve as specified in the funding 

16 table in section 4601, the Secretary of the Air Force may 

17 acquire real property and carry out military construction 


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1 projects for the Air Force Reserve locations inside the 

2 United States, and in the amounts, set forth in the following 

3 table: 

Air Force Reserve 

State Location Amount 

New York ............................. Niagara Falls IAP ................................... $6,100,000 

4 SEC. 2606. AUTHORIZATION OF APPROPRIATIONS, NA5 TIONAL GUARD AND RESERVE. 

6 Funds are hereby authorized to be appropriated for fis7 cal years beginning after September 30, 2012, for the costs 

8 of acquisition, architectural and engineering services, and 

9 construction of facilities for the Guard and Reserve Forces, 

10 and for contributions therefor, under chapter 1803 of title 

11 10, United States Code (including the cost of acquisition 

12 of land for those facilities), as specified in the funding table 

13 in section 4601. 

14 Subtitle B—Other Matters 

15 SEC. 2611. EXTENSION OF AUTHORIZATION OF CERTAIN 

16 FISCAL YEAR 2009 PROJECT. 

17 (a) EXTENSION.—Notwithstanding section 2002 of the 

18 Military Construction Authorization Act for Fiscal Year 

19 2009 (division B of Public Law 110–417; 122 Stat. 4658), 

20 the authorization set forth in the table in subsection (b), 

21 as provided in section 2604 of that Act (122 Stat. 4706), 

22 shall remain in effect until October 1, 2013, or the date 


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1 of the enactment of an Act authorizing funds for military 

2 construction for fiscal year 2014, whichever is later. 

3 (b) TABLE.—The table referred to in subsection (a) is 

4 as follows: 

Air National Guard: Extension of 2009 Project Authorizations 

State Installation or 

Location Project Amount 

Mississippi ......... Gulfport-Biloxi Airport .. Relocate Munitions 

Complex .................. $3,400,000 

5 SEC. 2612. EXTENSION OF AUTHORIZATION OF CERTAIN 

6 FISCAL YEAR 2010 PROJECTS. 

7 (a) EXTENSION.—Notwithstanding section 2002 of the 

8 Military Construction Authorization Act for Fiscal Year 

9 2010 (division B of Public Law 111–84; 123 Stat. 2627), 

10 the authorizations set forth in the tables in subsection (b), 

11 as provided in sections 2602 and 2604 of that Act (123 

12 Stat. 2649, 2651), shall remain in effect until October 1, 

13 2013, or the date of the enactment of an Act authorizing 

14 funds for military construction for fiscal year 2014, which15 ever is later. 

16 (b) TABLE.—The tables referred to in subsection (a) 

17 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 


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Air National Guard: Extension of 2010 Project Authorization 

State Installation or 

Location Project Amount 

Mississippi ......... Gulfport-Biloxi Airport .. Relocate Base Entrance ...................... $6,500,000 

1 SEC. 2613. MODIFICATION OF AUTHORITY TO CARRY OUT 

2 CERTAIN FISCAL YEAR 2011 PROJECT. 

3 In the case of the authorization contained in the table 

4 in section 2604 of the Military Construction Authorization 

5 Act for Fiscal Year 2011 (division B of Public Law 111– 

6 383; 124 Stat. 4453) for Nashville International Airport, 

7 Tennessee, for renovation of an Intelligence Squadron Fa8 cility, the Secretary of the Air Force may convert up to 

9 4,023 square meters of existing facilities to bed down Intel10 ligence Group and Remotely Piloted Aircraft Remote Split 

11 Operations Group missions, consistent with the Air Na12 tional Guard’s construction guidelines for these missions. 

13 TITLE XXVII—BASE REALIGN14 MENT AND CLOSURE ACTIVI15 TIES 

16 SEC. 2701. AUTHORIZATION OF APPROPRIATIONS FOR BASE 

17 REALIGNMENT AND CLOSURE ACTIVITIES 

18 FUNDED THROUGH DEPARTMENT OF DE19 FENSE BASE CLOSURE ACCOUNT 1990. 

20 Funds are hereby authorized to be appropriated for fis21 cal years beginning after September 30, 2012, for base re22 alignment and closure activities, including real property 


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1 acquisition and military construction projects, as author2 ized by the Defense Base Closure and Realignment Act of 

3 1990 (part A of title XXIX of Public Law 101–510; 10 

4 U.S.C. 2687 note) and funded through the Department of 

5 Defense Base Closure Account 1990 established by section 

6 2906 of such Act, as specified in the funding table in section 

7 4601. 

8 SEC. 2702. AUTHORIZATION OF APPROPRIATIONS FOR BASE 

9 REALIGNMENT AND CLOSURE ACTIVITIES 

10 FUNDED THROUGH DEPARTMENT OF DE11 FENSE BASE CLOSURE ACCOUNT 2005. 

12 Funds are hereby authorized to be appropriated for fis13 cal years beginning after September 30, 2012, for base re14 alignment and closure activities, including real property 

15 acquisition and military construction projects, as author16 ized by the Defense Base Closure and Realignment Act of 

17 1990 (part A of title XXIX of Public Law 101–510; 10 

18 U.S.C. 2687 note) and funded through the Department of 

19 Defense Base Closure Account 2005 established by section 

20 2906A of such Act, as specified in the funding table in sec21 tion 4601. 

22 SEC. 2703. TECHNICAL AMENDMENTS TO SECTION 2702 OF 

23 FISCAL YEAR 2012 ACT. 

24 (a) CORRECTION.—Section 2702 of the Military Con25 struction Authorization Act for Fiscal Year 2012 (division 


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1 B of Public Law 112–81; 125 Stat. 1681) is amended by 

2 striking ‘‘Using amounts’’ and all that follows through 

3 ‘‘may carry out’’ and inserting ‘‘Funds are hereby author4 ized to be appropriated for fiscal years beginning after Sep5 tember 30, 2011, for’’. 

6 (b) CONFORMING AMENDMENT.—The heading of such 

7 section is amended by striking ‘‘AUTHORIZED’’ and in8 serting ‘‘AUTHORIZATION OF APPROPRIATIONS FOR’’. 

9 SEC. 2704. CRITERIA FOR DECISIONS INVOLVING CERTAIN 

10 BASE CLOSURE AND REALIGNMENT ACTIVI11 TIES. 

12 (a) CRITERIA.—Not later than March 31, 2013, the 

13 Comptroller General of the United States shall submit to 

14 the congressional defense committees a report including ob15 jective criteria to be used by the Department of Defense to 

16 make decisions relating to realignments of units employed 

17 at military installations that are not covered by the require18 ments of section 2687 of title 10, United States Code, and 

19 closures of military installations that are not covered by 

20 such requirements. 

21 (b) ONE-YEAR MORATORIUM ON CERTAIN ACTIONS

22 RESULTING IN PERSONNEL REDUCTIONS.— 

23 (1) IN GENERAL.—Except as provided in para24 graph (2), no action may be taken before October 1, 

25 2013, that would result in a military installation 


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1 covered under paragraph (1) of section 2687(a) of 

2 title 10, United States Code, to no longer be covered 

3 by such paragraph. 

4 (2) NATIONAL SECURITY WAIVER.—The Sec5 retary of Defense may waive the prohibition under 

6 paragraph (1) if the Secretary certifies to the congres7 sional defense committees that is in the national secu8 rity interests of the United States. 

9 SEC. 2705. MODIFICATION OF NOTICE REQUIREMENTS IN 

10 ADVANCE OF PERMANENT REDUCTION OF 

11 SIZABLE NUMBERS OF MEMBERS OF THE 

12 ARMED FORCES AT MILITARY INSTALLA13 TIONS. 

14 (a) CALCULATION OF NUMBER OF AFFECTED MEM15 BERS.—Subsection (a) of section 993 of title 10, United 

16 States Code, is amended by adding at the end the following 

17 new sentence: ‘‘In calculating the number of members to be 

18 reduced, the Secretary shall take into consideration both di19 rect reductions and indirect reductions.’’. 

20 (b) NOTICE REQUIREMENTS.—Subsection (b) of such 

21 section is amended by striking paragraphs (1) through (3) 

22 and inserting the following new paragraphs: 

23 ‘‘(1) the Secretary of Defense or the Secretary of 

24 the military department concerned— 


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1 ‘‘(A) submits to Congress a notice of the 

2 proposed reduction and the number of military 

3 and civilian personnel assignments affected, in4 cluding reductions in base operations support 

5 services and personnel to occur because of the 

6 proposed reduction; and 

7 ‘‘(B) includes in the notice a justification 

8 for the reduction and an evaluation of the costs 

9 and benefits of the reduction and of the local eco10 nomic, strategic, and operational consequences of 

11 the reduction; and 

12 ‘‘(2) a period of 90 days expires following the 

13 day on which the notice is submitted to Congress.’’. 

14 (c) DEFINITIONS.—Such section is further amended by 

15 adding at the end the following new subsection: 

16 ‘‘(d) DEFINITIONS.—In this section: 

17 ‘‘(1) The term ‘direct reduction’ means a reduc18 tion involving one or more members of a unit. 

19 ‘‘(2) The term ‘indirect reduction’ means subse20 quent planned reductions or relocations in base oper21 ations support services and personnel able to occur 

22 due to the direct reductions. 

23 ‘‘(3) The term ‘military installation’ means a 

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1 tion of the Department of Defense, including any 

2 leased facility, which is located within any of the sev3 eral States, the District of Columbia, the Common4 wealth of Puerto Rico, American Samoa, the Virgin 

5 Islands, the Commonwealth of the Northern Mariana 

6 Islands, or Guam. Such term does not include any fa7 cility used primarily for civil works, rivers and har8 bors projects, or flood control projects. 

9 ‘‘(4) The term ‘unit’ means a unit of the armed 

10 forces at the battalion, squadron, or an equivalent 

11 level (or a higher level).’’. 

12 SEC. 2706. REPORT ON REORGANIZATION OF AIR FORCE 

13 MATERIEL COMMAND ORGANIZATIONS. 

14 (a) IN GENERAL.—Not later than 180 days after the 

15 date of the enactment of this Act, the Secretary of Defense 

16 shall submit to the congressional defense committees a re17 port on the reorganization of Air Force Materiel Command 

18 organizations. 

19 (b) CONTENT.—The report required under subsection 

20 (a) shall include the following elements: 

21 (1) An assessment of the efficiencies and effec22 tiveness associated with the reorganization of Air 

23 Force Materiel Command organizations. 

24 (2) An assessment of the organizational construct 

25 to determine how institutional synergies that were 


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1 previously available in a collocated center can be rep2 licated in the new Air Force Materiel Command Cen3 ter reorganization, including an assessment of the fol4 lowing Air Force Materiel Command capabilities: 

5 (A) Science and Technology, Acquisition. 

6 (B) Developmental Test and Evaluation. 

7 (3) An assessment of synergistic efficiencies asso8 ciated with capabilities of collocated organizations of 

9 other commands, including an assessment of the im10 pact of the Air Force Materiel Command’s reorga11 nization on other commands’ responsibilities for— 

12 (A) Operational Test and Evaluation; and 

13 (B) Follow-on Operational Test and Eval14 uation. 

15 (4) An assessment of how the Air Force reorga16 nization of Air Force Materiel Command is in adher17 ence with section 2687 of title 10, United States Code. 

18 (5) An analysis of the extent to which the pro19 posed changes in the Air Force management structure 

20 were coordinated with the Office of the Secretary of 

21 Defense and the Director, Test Resource Management 

22 Center and the degree to which their concerns, if any, 

23 were addressed in the approach selected by the Air 

24 Force. 


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1 TITLE XXVIII—MILITARY CON2 STRUCTION GENERAL PROVI3 SIONS 

4 Subtitle A—Military Construction 

5 Program and Military Family 

6 Housing Changes 

7 SEC. 2801. AUTHORIZED COST AND SCOPE VARIATIONS. 

8 Section 2853 of title 10, United States Code, is amend9 ed— 

10 (1) in subsection (a), by striking ‘‘was approved 

11 originally’’ and inserting ‘‘was authorized’’; 

12 (2) in subsection (b)— 

13 (A) in paragraph (1), by adding at the end 

14 the following: ‘‘Any reduction in scope of work 

15 for a military construction project shall not re16 sult in a facility or item of infrastructure that 

17 is not complete and useable or does not fully 

18 meet the mission requirement contained in the 

19 justification data provided to Congress as part of 

20 the request for authorization of the project, con21 struction, improvement, or acquisition.’’; and 

22 (B) by adding at the end the following new 

23 paragraph: 

24 ‘‘(3) In this subsection, the term ‘scope of work’ refers 

25 to the function, size, or quantity of the primary facility, 


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1 any associated facility, or item of complete and useable in2 frastructure contained in the justification data provided to 

3 Congress as part of the request for authorization of the 

4 project, construction, improvement, or acquisition.’’; 

5 (3) in subsection (c)(1)(A), by striking ‘‘and the 

6 reasons therefor, including a description’’ and insert7 ing ‘‘, the reasons therefor, a certification that the 

8 mission requirement identified in the justification 

9 data provided to Congress can be still be met with the 

10 reduced scope, and a description’’; and 

11 (4) by adding at the end the following new sub12 section: 

13 ‘‘(e) Notwithstanding the authority under subsections 

14 (a) through (d), the Secretary concerned shall ensure com15 pliance of contracts for military construction projects and 

16 for the construction, improvement, and acquisition of mili17 tary family housing projects with section 1341 of title 31, 

18 United States Code (commonly referred to as the ‘Anti-Defi19 ciency Act’).’’. 

20 SEC. 2802. COMPTROLLER GENERAL REPORT ON IN-KIND 

21 PAYMENTS. 

22 (a) REPORTS REQUIRED.— 

23 (1) INITIAL REPORT.—Not later than 180 days 

24 after the date of the enactment of this Act, the Comp25 troller General of the United States shall submit to 


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1 the congressional defense committees a report on the 

2 construction or renovation of Department of Defense 

3 facilities with in-kind payments. The report shall 

4 cover construction or renovation projects begun dur5 ing the preceding two years. 

6 (2) UPDATES.—Not later than one year after 

7 submitting the report required under paragraph (1), 

8 and annually thereafter for 3 years, the Comptroller 

9 General shall submit to the congressional defense com10 mittees a report covering projects begun since the 

11 most recent report. 

12 (b) CONTENT.—Each report required under subsection 

13 (a) shall include the following elements: 

14 (1) A listing of each facility constructed or ren15 ovated for the Department of Defense as payment in 

16 kind. 

17 (2) The value in United States dollars of that 

18 construction or renovation. 

19 (3) The source of the in-kind payment. 

20 (4) The agreement pursuant to which the in-kind 

21 payment was made. 

22 (5) A description of the purpose and need for the 

23 construction or renovation. 


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1 SEC. 2803. EXTENSION OF TEMPORARY, LIMITED AUTHOR2 ITY TO USE OPERATION AND MAINTENANCE 

3 FUNDS FOR CONSTRUCTION PROJECTS IN 

4 CERTAIN AREAS OUTSIDE THE UNITED 

5 STATES. 

6 Section 2808 of the Military Construction Authoriza7 tion Act for Fiscal Year 2004 (division B of Public Law 

8 108–136; 117 Stat. 1723), as most recently amended by sec9 tion 2804 of the Military Construction Authorization Act 

10 for Fiscal Year 2012 (division B of Public Law 112–81; 

11 125 Stat. 1685), is further amended— 

12 (1) in subsection (c)— 

13 (A) by striking paragraph (2); 

14 (B) by redesignating paragraph (3) as 

15 paragraph (2); and 

16 (C) in paragraph (2), as so redesignated, by 

17 striking the second sentence; and 

18 (2) in subsection (h)— 

19 (A) in paragraph (1), by striking ‘‘Sep20 tember 30, 2012’’ and inserting ‘‘September 30, 

21 2013’’; and 

22 (B) in paragraph (2), by striking ‘‘fiscal 

23 year 2013’’ and inserting ‘‘fiscal year 2014’’. 


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1 Subtitle B—Real Property and 

2 Facilities Administration 

3 SEC. 2811. AUTHORITY TO ACCEPT AS CONSIDERATION FOR 

4 LEASES OF NON-EXCESS PROPERTY OF MILI5 TARY DEPARTMENTS AND DEFENSE AGEN6 CIES REAL PROPERTY INTERESTS AND NAT7 URAL RESOURCE MANAGEMENT SERVICES 

8 RELATED TO AGREEMENTS TO LIMIT EN9 CROACHMENT. 

10 Section 2667 of title 10, United States Code, is amend11 ed— 

12 (1) in subsection (c)— 

13 (A) in paragraph (1), by adding at the end 

14 the following new subparagraph: 

15 ‘‘(G) Provision of interests in real property for 

16 the purposes specified in section 2684a of this title 

17 and provision of natural resource management serv18 ices on such real property.’’; and 

19 (B) in paragraph (2), by striking ‘‘accepted 

20 at any property or facilities’’ and inserting ‘‘ac21 cepted at or for the benefit of any property or fa22 cilities’’; and 

23 (2) in subsection (e)(1)(C), by adding at the end 

24 the following new clause: 


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1 ‘‘(vi) Provision of funds pursuant to an agree2 ment under section 2684a of this title.’’. 

3 SEC. 2812. CLARIFICATION OF PARTIES WITH WHOM DE4 PARTMENT OF DEFENSE MAY CONDUCT EX5 CHANGES OF REAL PROPERTY AT MILITARY 

6 INSTALLATIONS. 

7 Section 2869(a)(1) of title 10, United States Code is 

8 amended— 

9 (1) by striking ‘‘eligible’’; and 

10 (2) by striking ‘‘entity’’ both places it appears 

11 and inserting ‘‘person’’. 

12 Subtitle C—Energy Security 

13 SEC. 2821. GUIDANCE ON FINANCING FOR RENEWABLE EN14 ERGY PROJECTS. 

15 (a) GUIDANCE ON USE OF AVAILABLE FINANCING AP16 PROACHES.—Not later than 180 days after the date of the 

17 enactment of this Act, the Secretary of Defense, in consulta18 tion with the Under Secretary of Defense for Acquisition, 

19 Technology, and Logistics and the Deputy Under Secretary 

20 of Defense for Installations and Environment, shall issue 

21 guidance about the use of available financing approaches 

22 for financing renewable energy projects and direct the Sec23 retaries of the military departments to update their guid24 ance accordingly. The guidance should describe the require25 ments and restrictions applicable to the underlying authoriVerDate Mar 15 2010 01:32 Dec 07, 2012 Jkt 029200 PO 00000 Frm 00951 Fmt 6652 Sfmt 6203 E:\SENENR\H4310.PP H4310

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1 ties and any Department of Defense-specific guidelines for 

2 using appropriated funds and alternative-financing ap3 proaches for renewable energy projects. 

4 (b) GUIDANCE ON USE OF BUSINESS CASE ANAL5 YSES.—Not later than 180 days after the date of the enact6 ment of this Act, the Secretary of Defense, in consultation 

7 with the Under Secretary of Defense for Acquisition, Tech8 nology, and Logistics, the Deputy Under Secretary of De9 fense for Installations and Environment, and the Secre10 taries of the military departments, shall issue guidance that 

11 establishes and clearly describes the processes used by the 

12 military departments to select financing approaches for re13 newable energy projects to ensure that business case anal14 yses are completed to maximize benefits and mitigate draw15 backs and risks associated with different financing ap16 proaches. 

17 (c) INFORMATION SHARING.—Not later than 180 days 

18 after the date of the enactment of this Act, the Secretary 

19 of Defense, in consultation with the Under Secretary of De20 fense for Acquisition, Technology, and Logistics and the 

21 Deputy Under Secretary of Defense for Installations and 

22 Environment, shall develop a formalized communications 

23 process, such as a shared Internet website, that will enable 

24 officials at military installations to have timely access on 

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1 able energy projects on other installations, including best 

2 practices and lessons that officials at other installations 

3 have learned from their experiences in financing renewable 

4 energy projects. 

5 SEC. 2822. CONTINUATION OF LIMITATION ON USE OF 

6 FUNDS FOR LEADERSHIP IN ENERGY AND EN7 VIRONMENTAL DESIGN (LEED) GOLD OR 

8 PLATINUM CERTIFICATION. 

9 Section 2830(b)(1) of the Military Construction Au10 thorization Act for Fiscal Year 2012 (division B of Public 

11 Law 112–81; 125 Stat. 1695) is amended— 

12 (1) by striking ‘‘authorized to be appropriated 

13 by this Act’’ and inserting ‘‘authorized to be appro14 priated’’; and 

15 (2) by inserting before the period at the end the 

16 following: ‘‘until the date that is six months after the 

17 date of the submittal to the congressional defense com18 mittees of the report required by subsection (a)’’. 

19 Subtitle D—Land Conveyances 

20 SEC. 2831. LAND CONVEYANCE, LOCAL TRAINING AREA FOR 

21 BROWNING ARMY RESERVE CENTER, UTAH. 

22 (a) CONVEYANCE AUTHORIZED.—The Secretary of the 

23 Army may convey, without consideration, to the Depart24 ment of Veterans Affairs (in this section referred to as the 

25 ‘‘Department’’) all right, title, and interest of the United 


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1 States in and to a parcel of unimproved real property con2 sisting of approximately 5 acres of the Local Training Area 

3 for the Browning Army Reserve Center, Utah, for the pur4 pose of constructing and operating a Community Based 

5 Outpatient Clinic adjacent to the George E. Wahlen Vet6 erans Home in Ogden, Utah. 

7 (b) PAYMENT OF COSTS OF CONVEYANCE.— 

8 (1) PAYMENT REQUIRED.—The Secretary may 

9 require the Department to cover costs to be incurred 

10 by the Secretary, or to reimburse the Secretary for 

11 costs incurred by the Secretary, to carry out the con12 veyance under subsection (a), including survey costs, 

13 costs related to environmental documentation, and 

14 other administrative costs related to the conveyance. 

15 If amounts paid to the Secretary in advance exceed 

16 the costs actually incurred by the Secretary to carry 

17 out the conveyance, the Secretary shall refund the ex18 cess amount to the Department. 

19 (2) TREATMENT OF AMOUNTS RECEIVED.— 

20 Amounts received as reimbursement under paragraph 

21 (1) shall be credited to the fund or account that was 

22 used to cover the costs incurred by the Department. 

23 Amounts so credited shall be merged with amounts in 

24 such fund or account, and shall be available for the 


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1 same purposes, and subject to the same conditions 

2 and limitations, as amounts in such fund or account. 

3 (c) DESCRIPTION OF PROPERTY.—The exact acreage 

4 and legal description of the real property to be conveyed 

5 under subsection (a) shall be determined by a survey satis6 factory to the Secretary. 

7 (d) ADDITIONAL TERMS AND CONDITIONS.—The Sec8 retary may require such additional terms and conditions 

9 in connection with the conveyance under subsection (a) as 

10 the Secretary considers appropriate to protect the interests 

11 of the United States. 

12 SEC. 2832. USE OF PROCEEDS, LAND CONVEYANCE, TYN13 DALL AIR FORCE BASE, FLORIDA. 

14 Section 2862(c) of the National Defense Authorization 

15 Act for Fiscal Year 2000 (Public Law 106–65; 113 Stat. 

16 868) is amended— 

17 (1) by striking ‘‘and to improve’’ and inserting 

18 ‘‘, to improve’’; and 

19 (2) by inserting before the period at the end the 

20 following: ‘‘, or for other purposes, subject to the limi21 tations described in section 2667(e) of title 10, United 

22 States Code’’. 


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1 Subtitle E—Other Matters 

2 SEC. 2841. CLARIFICATION OF AUTHORITY OF SECRETARY 

3 TO ASSIST WITH DEVELOPMENT OF PUBLIC 

4 INFRASTRUCTURE IN CONNECTION WITH THE 

5 ESTABLISHMENT OR EXPANSION OF A MILI6 TARY INSTALLATION. 

7 Section 2391 of title 10, United States Code, is amend8 ed— 

9 (1) by redesignating subsections (d) and (e) as 

10 subsections (e) and (f), respectively; 

11 (2) by inserting after subsection (c) the following 

12 new subsection: 

13 ‘‘(d) AUTHORIZATION REQUIREMENT.—If the Sec14 retary of Defense determines that any grant, cooperative 

15 agreement, or supplement of funds available under Federal 

16 programs administered by agencies other than the Depart17 ment of Defense provided under this section will result in 

18 the development (including repair, replacement, renovation, 

19 conversion, improvement, expansion, or construction) of 

20 public infrastructure, such grant, cooperative agreement, or 

21 supplemental funding shall be specifically authorized by 

22 law.’’; and 

23 (3) in subsection (e), as redesignated by para24 graph (1), by adding at the end the following new 

25 paragraph: 


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1 ‘‘(4) The term ‘public infrastructure’ means any 

2 utility, road, method of transportation, or facility 

3 under the control of a State or local government or 

4 a private entity that is used by, or constructed for the 

5 benefit of, the general public.’’. 

6 SEC. 2842. PETERSBURG NATIONAL BATTLEFIELD BOUND7 ARY MODIFICATION. 

8 (a) IN GENERAL.—The boundary of Petersburg Na9 tional Battlefield is modified to include the properties as 

10 generally depicted on the map titled ‘‘Petersburg National 

11 Battlefield Boundary Expansion’’, numbered 325/80,080, 

12 and dated June 2007. The map shall be on file and avail13 able for inspection in the appropriate offices of the National 

14 Park Service. 

15 (b) ACQUISITION OF PROPERTIES.—The Secretary of 

16 the Interior (referred to in this section as the ‘‘Secretary’’) 

17 is authorized to acquire the lands or interests in land, de18 scribed in subsection (a), from willing sellers only by dona19 tion, purchase with donated or appropriated funds, ex20 change, or transfer. 

21 (c) ADMINISTRATION.—The Secretary shall administer 

22 any land or interests in land acquired under subsection (b) 

23 as part of the Petersburg National Battlefield in accordance 

24 with applicable laws and regulations. 

25 (d) ADMINISTRATIVE JURISDICTION TRANSFER.— 


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1 (1) IN GENERAL.—There is transferred— 

2 (A) from the Secretary to the Secretary of 

3 the Army administrative jurisdiction over the 

4 approximately 1.170-acre parcel of land depicted 

5 as ‘‘Area to be transferred to Fort Lee Military 

6 Reservation’’ on the map described in paragraph 

7 (2)(A); and 

8 (B) from the Secretary of the Army to the 

9 Secretary administrative jurisdiction over the 

10 approximately 1.171-acre parcel of land depicted 

11 as ‘‘Area to be transferred to Petersburg National 

12 Battlefield’’ on the map described in paragraph 

13 (2)(A). 

14 (2) MAP.— 

15 (A) IN GENERAL.—The land to be trans16 ferred under paragraph (1) is depicted on the 

17 map entitled ‘‘Petersburg National Battlefield 

18 Proposed Transfer of Administrative Jurisdic19 tion’’, numbered 325/081A, and dated May 2011. 

20 (B) AVAILABILITY.—The map described in 

21 subparagraph (A) shall be available for public 

22 inspection in the appropriate offices of the Na23 tional Park Service. 


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1 (3) CONDITIONS OF TRANSFER.—The transfer of 

2 administrative jurisdiction authorized in paragraph 

3 (1) shall be subject to the following conditions: 

4 (A) NO REIMBURSEMENT OR CONSIDER5 ATION.—The transfer shall occur without reim6 bursement or consideration. 

7 (B) MANAGEMENT.—The land conveyed to 

8 the Secretary under paragraph (1) shall be in9 cluded within the boundary of the Petersburg 

10 National Battlefield and shall be administered as 

11 part of the park in accordance with applicable 

12 laws and regulations. 

13 SEC. 2843. CONGRESSIONAL NOTIFICATION WITH RESPECT 

14 TO OVERSIGHT AND MAINTENANCE OF BASE 

15 CEMETERIES FOLLOWING CLOSURE OF OVER16 SEAS MILITARY INSTALLATIONS. 

17 (a) NOTIFICATION REQUIREMENT.—Not later than 30 

18 days after closure of a United States military installation 

19 overseas, the Secretary of Defense shall submit to the appro20 priate congressional committees a report that details a plan 

21 to ensure the oversight and continued maintenance of the 

22 cemetery located on the military installation. The plan 

23 shall clearly detail which Federal agency or private entity 

24 will assume responsibility for the operation and mainte25 nance of the cemetery following the closure of the installaVerDate Mar 15 2010 01:32 Dec 07, 2012 Jkt 029200 PO 00000 Frm 00959 Fmt 6652 Sfmt 6203 E:\SENENR\H4310.PP H4310

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1 tion and what information with regard to the cemetery has 

2 been provided to the responsible agency or private entity. 

3 (b) APPROPRIATE CONGRESSIONAL COMMITTEES DE4 FINED.—In this section, the term ‘‘appropriate congres5 sional committees’’ means the Committees on Armed Serv6 ices of the Senate and the House of Representatives. 

7 SEC. 2844. ADDITIONAL EXEMPTIONS FROM CERTAIN RE8 QUIREMENTS APPLICABLE TO FUNDING FOR 

9 DATA SERVERS AND CENTERS. 

10 Section 2867(c) of the Military Construction Author11 ization Act for Fiscal Year 2012 (division B of Public Law 

12 112–81; 125 Stat. 1706; 10 U.S.C. 2223a note) is amend13 ed— 

14 (1) by striking ‘‘EXCEPTION.—The Chief’’ and 

15 inserting the following: ‘‘EXCEPTIONS.— 

16 ‘‘(1) EXEMPTION AUTHORITY.—The Chief’’; and 

17 (2) by inserting at the end the following new 

18 paragraph: 

19 ‘‘(2) The Chief Information Officer of the De20 partment may exempt from the applicability of this 

21 section research, development, test, and evaluation 

22 programs that use authorization or appropriations 

23 for the High Performance Computing Modernization 

24 Program (Program Element 0603461A), if the Chief 


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1 Information Officer determines that the exemption is 

2 in the best interest of national security.’’. 

3 DIVISION C—DEPARTMENT OF 

4 ENERGY NATIONAL SECURITY 

5 AUTHORIZATIONS AND 

6 OTHER AUTHORIZATIONS 

7 TITLE XXXI—DEPARTMENT OF 

8 ENERGY NATIONAL SECURITY 

9 PROGRAMS 

10 Subtitle A—National Security 

11 Programs Authorizations 

12 SEC. 3101. NATIONAL NUCLEAR SECURITY ADMINISTRA13 TION. 

14 (a) AUTHORIZATION OF APPROPRIATIONS.—Funds are 

15 hereby authorized to be appropriated to the Department of 

16 Energy for fiscal year 2013 for the activities of the National 

17 Nuclear Security Administration in carrying out programs 

18 as specified in the funding table in section 4601. 

19 (b) AUTHORIZATION OF NEW PLANT PROJECTS.— 

20 From funds referred to in subsection (a) that are available 

21 for carrying out plant projects, the Secretary of Energy 

22 may carry out the following new plant projects for the Na23 tional Nuclear Security Administration: 


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1 Project 13–D–301, Electrical Infrastructure Up2 grades, Lawrence Livermore National Laboratory/Los 

3 Alamos National Laboratory, $23,000,000. 

4 Project 13–D–903, Kesselring Site Prototype 

5 Staff Building, Kesselring Site, West Milton, New 

6 York, $14,000,000. 

7 Project 13–D–904, Kesselring Site Radiological 

8 Work and Storage Building, Kesselring Site, West 

9 Milton, New York, $2,000,000. 

10 Project 13–D–905, Remote-Handled Low-Level 

11 Waste Disposal Project, Idaho National Laboratory, 

12 Idaho, $8,900,000. 

13 SEC. 3102. DEFENSE ENVIRONMENTAL CLEANUP. 

14 Funds are hereby authorized to be appropriated to the 

15 Department of Energy for fiscal year 2013 for defense envi16 ronmental cleanup activities in carrying out programs as 

17 specified in the funding table in section 4601. 

18 SEC. 3103. OTHER DEFENSE ACTIVITIES. 

19 Funds are hereby authorized to be appropriated to the 

20 Department of Energy for fiscal year 2013 for other defense 

21 activities in carrying out programs as specified in the fund22 ing table in section 4601. 


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1 Subtitle B—Program Authoriza2 tions, Restrictions, and Limita3 tions 

4 SEC. 3111. REPLACEMENT PROJECT FOR CHEMISTRY AND 

5 METALLURGY RESEARCH BUILDING, LOS ALA6 MOS NATIONAL LABORATORY, NEW MEXICO. 

7 (a) PROJECT REQUIRED.— 

8 (1) IN GENERAL.—Subtitle A of title XLII of the 

9 Atomic Energy Defense Act (50 U.S.C. 2521 et seq.) 

10 is amended by adding at the end the following new 

11 section: 

12 ‘‘SEC. 4215. REPLACEMENT PROJECT FOR CHEMISTRY AND 

13 METALLURGY RESEARCH BUILDING, LOS ALA14 MOS NATIONAL LABORATORY, NEW MEXICO. 

15 ‘‘(a) REPLACEMENT BUILDING REQUIRED.—The Sec16 retary of Energy shall construct at Los Alamos National 

17 Laboratory, New Mexico a building to replace the functions 

18 of the existing Chemistry and Metallurgy Research building 

19 at Los Alamos National Laboratory associated with De20 partment of Energy Hazard Category 2 special nuclear ma21 terial operations. 

22 ‘‘(b) LIMITATION ON COST.—The cost of the building 

23 constructed under subsection (a) may not exceed 

24 $3,700,000,000. 


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1 ‘‘(c) PROJECT BASIS.—The construction authorized by 

2 subsection (a) shall use as it basis the facility project in 

3 the Department of Energy Readiness and Technical Base 

4 designated 04–D–125 (chemistry and metallurgy facility 

5 replacement project at Los Alamos National Laboratory). 

6 ‘‘(d) DEADLINE FOR COMMENCEMENT OF OPER7 ATIONS.—The building constructed under subsection (a) 

8 shall commence operations not later than December 31, 

9 2024.’’. 

10 (2) CLERICAL AND TECHNICAL AMENDMENT.— 

11 The table of contents in section 4001(b) of such Act 

12 is amended by inserting after the item relating to 

13 4213 the following new items: 

‘‘Sec. 4214. Plan for transformation of National Nuclear Security Administration 

nuclear weapons complex. 

‘‘Sec. 4215. Replacement project for Chemistry and Metallurgy Research Building, Los Alamos National Laboratory, New Mexico.’’. 

14 (b) FUNDING.— 

15 (1) FISCAL YEAR 2013 FUNDS.— 

16 (A) IN GENERAL.—Except as provided in 

17 subparagraph (B), of the amounts authorized to 

18 be appropriated by this division for fiscal year 

19 2013 for the National Nuclear Security Adminis20 tration, $150,000,000 shall be available for the 

21 construction of the building authorized by section 

22 4215 of the Atomic Energy Defense Act (as 

23 added by subsection (a)). 


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1 (B) EXCEPTION.—The following amounts 

2 authorized to be appropriated by this division 

3 for fiscal year 2013 for the National Nuclear Se4 curity Administration shall not be available for 

5 the construction of the building: 

6 (i) Amounts available for Directed 

7 Stockpile Work. 

8 (ii) Amounts available for Naval Reac9 tors. 

10 (iii) Amounts available for the facility 

11 project in the Department of Energy Readi12 ness and Technical Base designated 06–D– 

13 141. 

14 (2) PRIOR FISCAL YEAR FUNDS.—Amounts au15 thorized to be appropriated for the Department of En16 ergy for a fiscal year before fiscal year 2013 and 

17 available for the facility project in the Department of 

18 Energy Readiness and Technical Base designated 04– 

19 D–125 (chemistry and metallurgy facility replace20 ment project at Los Alamos National Laboratory, 

21 New Mexico) shall be available for the construction of 

22 the building authorized by section 4215 of the Atomic 

23 Energy Defense Act (as so added). 


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1 SEC. 3112. SUBMITTAL TO CONGRESS OF SELECTED ACQUI2 SITION REPORTS AND INDEPENDENT COST 

3 ESTIMATES ON NUCLEAR WEAPON SYSTEMS 

4 UNDERGOING LIFE EXTENSION. 

5 (a) SUBMITTAL REQUIRED.—Subtitle A of title XLII 

6 of the Atomic Energy Defense Act (50 U.S.C. 2521 et seq.), 

7 as amended by section 3111 of this Act, is further amended 

8 by adding at the end the following new section: 

9 ‘‘SEC. 4216. SELECTED ACQUISITION REPORTS AND INDE10 PENDENT COST ESTIMATES ON NUCLEAR 

11 WEAPON SYSTEMS UNDERGOING LIFE EXTEN12 SION. 

13 ‘‘(a) SELECTED ACQUISITION REPORTS.—(1) The Sec14 retary of Energy shall, acting through the Administrator 

15 of the National Nuclear Security Administration, submit 

16 to the congressional defense committees at the end of each 

17 fiscal-year quarter a report on each nuclear weapon system 

18 undergoing life extension. The reports shall be known as Se19 lected Acquisition Reports for the weapon system concerned. 

20 ‘‘(2) The information contained in the Selected Acqui21 sition Report for a fiscal-year quarter for a nuclear weapon 

22 system shall be the information contained in the Selected 

23 Acquisition Report for such fiscal-year quarter for a major 

24 defense acquisition program under section 2432 of title 10, 

25 United States Code, expressed in terms of the nuclear weap26 on system. 


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1 ‘‘(b) INDEPENDENT COST ESTIMATES.—(1) The Sec2 retary of Energy shall, acting through the Administrator 

3 of the National Nuclear Security Administration, submit 

4 to the congressional defense committees a cost estimate on 

5 each nuclear weapon system undergoing life extension at 

6 the times in production as follows: 

7 ‘‘(A) At the completion of phase 6.2A, relating to 

8 design definition and cost study. 

9 ‘‘(B) Before initiation of phase 6.5, relating to 

10 first production. 

11 ‘‘(2) A cost estimate for purposes of this subsection 

12 may not be prepared by the Department of Energy or the 

13 National Nuclear Security Administration.’’. 

14 (b) CLERICAL AMENDMENT.—The table of contents in 

15 section 4001(b) of such Act, as so amended, is further 

16 amended by inserting after the item relating to 4215 the 

17 following new item: 

‘‘Sec. 4216. Selected Acquisition Reports and independent cost estimates on nuclear weapon systems undergoing life extension.’’. 

18 SEC. 3113. TWO-YEAR EXTENSION OF SCHEDULE FOR DIS19 POSITION OF WEAPONS-USABLE PLUTONIUM 

20 AT SAVANNAH RIVER SITE, AIKEN, SOUTH 

21 CAROLINA. 

22 Section 4306 of the Atomic Energy Defense Act (50 

23 U.S.C. 2566) is amended— 

24 (1) in subsection (a)(3)— 


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1 (A) in subparagraph (C), by striking 

2 ‘‘2012’’ and inserting ‘‘2014’’; and 

3 (B) in subparagraph (D), by striking 

4 ‘‘2017’’ and inserting ‘‘2019’’; 

5 (2) in subsection (b)— 

6 (A) in paragraph (1), by striking ‘‘by Jan7 uary 1, 2012’’; and 

8 (B) in paragraph (5), by striking ‘‘2012’’ 

9 and inserting ‘‘2014’’; 

10 (3) in subsection (c)— 

11 (A) in the matter preceding paragraph (1), 

12 by striking ‘‘2012’’ and inserting ‘‘2014’’; 

13 (B) in paragraph (1), by striking ‘‘2014’’ 

14 and inserting ‘‘2016’’; and 

15 (C) in paragraph (2), by striking ‘‘2020’’ 

16 each place it appears and inserting ‘‘2022’’; 

17 (4) in subsection (d)— 

18 (A) in paragraph (1)— 

19 (i) by striking ‘‘2014’’ and inserting 

20 ‘‘2016’’; and 

21 (ii) by striking ‘‘2019’’ and inserting 

22 ‘‘2021’’; and 

23 (B) in paragraph (2)(A), by striking 

24 ‘‘2020’’ each place it appears and inserting 

25 ‘‘2022’’; and 


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1 (5) in subsection (e), by striking ‘‘2023’’ and in2 serting ‘‘2025’’. 

3 SEC. 3114. PROGRAM ON SCIENTIFIC ENGAGEMENT FOR 

4 NONPROLIFERATION. 

5 (a) PROGRAM REQUIRED.— 

6 (1) IN GENERAL.—Title XLIII of the Atomic En7 ergy Defense Act (50 U.S.C. 2562 et seq.) is amended 

8 by adding at the end the following new section: 

9 ‘‘SEC. 4309. PROGRAM ON SCIENTIFIC ENGAGEMENT FOR 

10 NONPROLIFERATION. 

11 ‘‘(a) PROGRAM REQUIRED.—(1) The Secretary of En12 ergy shall, acting through the Administrator of the National 

13 Nuclear Security Administration, carry out a program on 

14 scientific engagement in countries selected by the Secretary 

15 for purposes of the program in order to advance global non16 proliferation and nuclear security efforts. 

17 ‘‘(2) The program required by this section shall be a 

18 distinct program from the Global Initiatives for Prolifera19 tion Prevention program. 

20 ‘‘(b) ELEMENTS.—The program shall include the ele21 ments as follows: 

22 ‘‘(1) Training and capacity-building to strength23 en nonproliferation and security best practices. 


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1 ‘‘(2) Engagement of United States scientists with 

2 foreign counterparts to advance nonproliferation 

3 goals. 

4 ‘‘(c) REPORT ON COMMENCEMENT OF PROGRAM.— 

5 Funds may not be expended under the program required 

6 by this section until the Administrator submits to the ap7 propriate congressional committees a report setting forth 

8 the following: 

9 ‘‘(1) For each country selected for the program 

10 as of the date of such report— 

11 ‘‘(A) a proliferation threat assessment pre12 pared by the Director of National Intelligence; 

13 and 

14 ‘‘(B) metrics for evaluating the success of 

15 the program. 

16 ‘‘(2) Accounting standards for the conduct of the 

17 program approved by the Comptroller General of the 

18 United States. 

19 ‘‘(d) REPORTS ON MODIFICATION OF PROGRAM.—Be20 fore making any modification in the program (whether se21 lecting a new country for the program, ceasing the selection 

22 of a country for the program, or modifying an element of 

23 the program), the Administrator shall submit to the appro24 priate congressional committees a report on the modifica25 tion. If the modification consists of the selection for the proVerDate Mar 15 2010 01:32 Dec 07, 2012 Jkt 029200 PO 00000 Frm 00970 Fmt 6652 Sfmt 6203 E:\SENENR\H4310.PP H4310

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1 gram of a country not previously selected for the program, 

2 the report shall include the matters specified in subsection 

3 (c)(1) for the country. 

4 ‘‘(e) APPROPRIATE CONGRESSIONAL COMMITTEES DE5 FINED.—In this section, the term ‘appropriate congres6 sional committees’ means— 

7 ‘‘(1) the Committee on Appropriations, the Com8 mittee on Armed Services, the Committee on Foreign 

9 Relations, and the Select Committee on Intelligence of 

10 the Senate; and 

11 ‘‘(2) the Committee on Appropriations, the Com12 mittee on Armed Services, the Committee on Foreign 

13 Affairs, and the Permanent Select Committee on In14 telligence of the House of Representatives.’’. 

15 (2) CLERICAL AMENDMENT.—The table of con16 tents in section 4001(b) of such Act (division D of 

17 Public Law 107–314) is amended by inserting after 

18 the item relating to section 4308 the following new 

19 item: 

‘‘Sec. 4309. Program on scientific engagement for nonproliferation.’’. 

20 (b) REPORT ON COORDINATION WITH OTHER UNITED

21 STATES NONPROLIFERATION PROGRAMS.—Not later than 

22 180 days after the date of the enactment of this Act, the 

23 Administrator of the National Nuclear Security Adminis24 tration shall submit to the appropriate congressional com25 mittees a report describing the manner in which the proVerDate Mar 15 2010 01:32 Dec 07, 2012 Jkt 029200 PO 00000 Frm 00971 Fmt 6652 Sfmt 6203 E:\SENENR\H4310.PP H4310

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1 gram on scientific engagement for nonproliferation under 

2 section 4309 of the Atomic Energy Defense Act (as added 

3 by subsection (a)) coordinates with and complements, but 

4 does not duplicate, other nonproliferation programs of the 

5 United States Government. 

6 (c) COMPTROLLER GENERAL OF THE UNITED STATES

7 REPORT.—Not later than two years after the date of the 

8 enactment of this Act, the Comptroller General of the United 

9 States shall submit to the appropriate congressional com10 mittees a report on the program on scientific engagement 

11 for nonproliferation under section 4309 of the Atomic En12 ergy Defense Act (as so added). The report shall include 

13 an assessment by the Comptroller General of the success of 

14 the program, as determined in accordance with the metrics 

15 for evaluating the success of the program under subsection 

16 (c)(1)(B) of such section 4309, and such other matters on 

17 the program as the Comptroller General considers appro18 priate. 

19 (d) APPROPRIATE CONGRESSIONAL COMMITTEES DE20 FINED.—In this section, the term ‘‘appropriate congres21 sional committees’’ means— 

22 (1) the Committee on Appropriations, the Com23 mittee on Armed Services, the Committee on Foreign 

24 Relations, and the Select Committee on Intelligence of 

25 the Senate; and 


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1 (2) the Committee on Appropriations, the Com2 mittee on Armed Services, the Committee on Foreign 

3 Affairs, and the Permanent Select Committee on In4 telligence of the House of Representatives. 

5 SEC. 3115. REPEAL OF REQUIREMENT FOR ANNUAL UPDATE 

6 OF DEPARTMENT OF ENERGY DEFENSE NU7 CLEAR FACILITIES WORKFORCE RESTRUC8 TURING PLAN. 

9 Section 4604 of the Atomic Energy Defense Act (50 

10 U.S.C. 2704) is amended— 

11 (1) in subsection (b)(1), by striking ‘‘and any 

12 updates of the plan under subsection (e)’’; 

13 (2) by striking subsection (e); 

14 (3) by redesignating subsections (f) and (g) as 

15 subsections (e) and (f), respectively; and 

16 (4) in subsection (e), as redesignated by para17 graph (3)— 

18 (A) by striking ‘‘(1)’’ before ‘‘The Sec19 retary’’; and 

20 (B) by striking paragraph (2). 


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1 SEC. 3116. QUARTERLY REPORTS TO CONGRESS ON FINAN2 CIAL BALANCES FOR ATOMIC ENERGY DE3 FENSE ACTIVITIES. 

4 (a) REPORTS REQUIRED.—Subtitle C of title XLVII 

5 of the Atomic Energy Defense Act (50 U.S.C. 2771 et seq.) 

6 is amended by adding at the end the following new section: 

7 ‘‘SEC. 4732. QUARTERLY REPORTS ON FINANCIAL BAL8 ANCES FOR ATOMIC ENERGY DEFENSE AC9 TIVITIES. 

10 ‘‘(a) REPORTS REQUIRED.—Not later than 15 days 

11 after the end of each fiscal year quarter, the Secretary of 

12 Energy shall submit to the congressional defense committees 

13 a report on the financial balances for each atomic energy 

14 defense program at the budget control levels used in the re15 port accompanying the most current Act appropriating 

16 funds for energy and water development. 

17 ‘‘(b) ELEMENTS.—Each report under subsection (a) 

18 shall set forth, for each program covered by such report, the 

19 following as of the end of the fiscal year quarter covered 

20 by such report: 

21 ‘‘(1) The total amount authorized to be appro22 priated, including amounts authorized to be appro23 priated in the current fiscal year and amounts au24 thorized to be appropriated for prior fiscal years. 

25 ‘‘(2) The amount unobligated. 

26 ‘‘(3) The amount unobligated but committed. 


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1 ‘‘(4) The amount obligated, but uncosted. 

2 ‘‘(c) PRESENTATION.—Each report under subsection 

3 (a) shall present information as follows: 

4 ‘‘(1) For each program, in summary form and 

5 by fiscal year. 

6 ‘‘(2) With financial balances in connection with 

7 funding under recurring DoE national security au8 thorizations (as that term is defined in section 

9 4701(1)) presented separately from balances in con10 nection with funding under any other provisions of 

11 law.’’. 

12 (b) CLERICAL AMENDMENT.—The table of contents in 

13 section 4001(b) of such Act is amended by inserting after 

14 the item relating to section 4731 the following new item: 

‘‘Sec. 4732. Quarterly reports on financial balances for atomic energy defense activities.’’. 

15 SEC. 3117. TRANSPARENCY IN CONTRACTOR PERFORMANCE 

16 EVALUATIONS BY THE NATIONAL NUCLEAR 

17 SECURITY ADMINISTRATION LEADING TO 

18 AWARD FEES. 

19 (a) PUBLICATION REQUIRED.— 

20 (1) IN GENERAL.—Subtitle A of title XLVIII of 

21 the Atomic Energy Defense Act (50 U.S.C. 2781 et 

22 seq.) is amended by adding at the end the following 

23 new section: 


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1 ‘‘SEC. 4805. PUBLICATION OF CONTRACTOR PERFORMANCE 

2 EVALUATIONS BY THE NATIONAL NUCLEAR 

3 SECURITY ADMINISTRATION LEADING TO 

4 AWARD FEES. 

5 ‘‘(a) IN GENERAL.—The Administrator of the National 

6 Nuclear Security Administration shall take appropriate ac7 tions to make available, to the maximum extent practicable, 

8 to the public each contractor performance evaluation con9 ducted by the Administration of a national laboratory, pro10 duction plant, or single user facility under the management 

11 responsibility of the Administration that results in the 

12 award of an award fee to the contractor concerned. 

13 ‘‘(b) FORMAT.—Performance evaluations shall be made 

14 public under this section in a common format that facili15 tates comparisons of performance evaluations between and 

16 among similar management contracts.’’. 

17 (2) CLERICAL AMENDMENT.—The table of con18 tents in section 4001(b) of that Act is amended by in19 serting after the item relating to section 4804 the fol20 lowing new item: 

‘‘Sec. 4805. Publication of contractor performance evaluations by the National 

Nuclear Security Administration leading to award fees.’’. 

21 (b) EFFECTIVE DATE.—The amendments made by sub22 section (a) shall take effect on the date of the enactment 

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1 formance evaluations conducted by the National Nuclear 

2 Security Administration on or after that date. 

3 SEC. 3118. EXPANSION OF AUTHORITY TO ESTABLISH CER4 TAIN SCIENTIFIC, ENGINEERING, AND TECH5 NICAL POSITIONS. 

6 (a) NUMBER OF POSITIONS.—Section 3241 of the Na7 tional Nuclear Security Administration Act (50 U.S.C. 

8 2441) is amended by striking ‘‘300’’ and inserting ‘‘700’’. 

9 (b) EXTENSION TO CONTRACTING POSITIONS.—Such 

10 section is further amended by inserting ‘‘contracting,’’ be11 fore ‘‘scientific’’. 

12 (c) CONFORMING AMENDMENT.—The heading of such 

13 section is amended to read as follows: 

14 ‘‘SEC. 3241. AUTHORITY TO ESTABLISH CERTAIN CON15 TRACTING, SCIENTIFIC, ENGINEERING, AND 

16 TECHNICAL POSITIONS.’’. 

17 (d) CLERICAL AMENDMENT.—The table of contents for 

18 the National Nuclear Security Administration Act is 

19 amended by striking the item relating to section 3241 and 

20 inserting the following new item: 

‘‘Sec. 3241. Authority to establish certain contracting, scientific, engineering, and 

technical positions.’’. 


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1 SEC. 3119. MODIFICATION AND EXTENSION OF AUTHORITY 

2 ON ACCEPTANCE OF CONTRIBUTIONS FOR 

3 ACCELERATION OF REMOVAL OR SECURITY 

4 OF FISSILE MATERIALS, RADIOLOGICAL MA5 TERIALS, AND RELATED EQUIPMENT AT VUL6 NERABLE SITES WORLDWIDE. 

7 (a) PROGRAMS FOR WHICH FUNDS MAY BE ACCEPT8 ED.—Paragraph (2) of section 3132(f) of the Ronald W. 

9 Reagan National Defense Authorization Act for Fiscal Year 

10 2005 (50 U.S.C. 2569(f)) is amended to read as follows: 

11 ‘‘(2) PROGRAMS COVERED.—The programs de12 scribed in this paragraph are any programs within 

13 the Office of Defense Nuclear Nonproliferation of the 

14 National Nuclear Security Administration.’’. 

15 (b) EXTENSION.—Paragraph (7) of such section is 

16 amended by striking ‘‘December 31, 2013’’ and inserting 

17 ‘‘December 31, 2018’’. 

18 SEC. 3120. COST CONTAINMENT FOR Y–12 URANIUM PROC19 ESSING FACILITY, Y–12 NATIONAL SECURITY 

20 COMPLEX, OAK RIDGE, TENNESSEE. 

21 (a) EXECUTION PHASES FOR PROJECT.—Project 06– 

22 D–141 for the Y–12 Uranium Processing Facility, Y–12 

23 National Security Complex, Oak Ridge, Tennessee, shall be 

24 broken into separate execution phases as follows 


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1 (1) Phase I, which shall consist of processes asso2 ciated with building 9212, including uranium casting 

3 and uranium chemical processing. 

4 (2) Phase II, which shall consist of processes as5 sociated with buildings 9215 and 9998, including 

6 uranium metal working, machining, and inspection. 

7 (3) Phase III, which shall consist of processes as8 sociated with building 9204–2E. including radiog9 raphy, assembly, disassembly, quality evaluation, and 

10 production certification operations of nuclear weapon 

11 secondaries. 

12 (b) BUDGETING AND AUTHORIZATION FOR EACH

13 PHASE.— 

14 (1) BUDGETING FOR EACH PHASE REQUIRED.— 

15 The Secretary of Energy shall budget separately for 

16 each phase under subsection (a) of the project referred 

17 to in that subsection. 

18 (2) FUNDING PURSUANT TO SEPARATE AUTHOR19 IZATIONS OF APPROPRIATIONS.—The Secretary may 

20 not proceed with a phase under subsection (a) of the 

21 project referred to in that subsection except with 

22 funds expressly authorized to be appropriated for that 

23 phase by law. 

24 (c) COMPLIANCE OF PHASES WITH DOE ORDER ON

25 PROGRAM AND PROJECT MANAGEMENT.—Each phase 


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1 under subsection (a) of the project referred to in that sub2 section shall comply with Department of Energy Order 

3 413.3, relating to Program Management and Project Man4 agement for the Acquisition of Capital Assets. 

5 (d) LIMITATION ON COST OF PHASE I.—The total cost 

6 of Phase I under subsection (a) of the project referred to 

7 in that subsection may not exceed $4,200,000,000. 

8 SEC. 3121. AUTHORITY TO RESTORE CERTAIN FORMERLY 

9 RESTRICTED DATA TO THE RESTRICTED 

10 DATA CATEGORY. 

11 (a) IN GENERAL.—Section 142 of the Atomic Energy 

12 Act of 1954 (42 U.S.C. 2162) is amended— 

13 (1) in subsection d.— 

14 (A) by inserting ‘‘(1)’’ before ‘‘The Commis15 sion’’; and 

16 (B) by adding at the end the following new 

17 paragraphs: 

18 ‘‘(2) The Commission may restore to the Restricted 

19 Data category any information related to the design of nu20 clear weapons removed under paragraph (1) if the Commis21 sion and the Department of Defense jointly determine 

22 that— 

23 ‘‘(A) the programmatic requirements that caused 

24 the information to be removed from the Restricted 


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1 Data category are no longer applicable or have di2 minished; 

3 ‘‘(B) the information would be more appro4 priately protected as Restricted Data; and 

5 ‘‘(C) restoring the information to the Restricted 

6 Data category is in the interest of national security. 

7 ‘‘(3) Information related to the design of nuclear weap8 ons shall be restored to the Restricted Data category under 

9 paragraph (2) in accordance with regulations prescribed by 

10 the Commission for purposes of that paragraph.’’; and 

11 (2) in subsection e.— 

12 (A) by inserting ‘‘(1)’’ before ‘‘The Commis13 sion’’; and 

14 (B) by adding at the end the following new 

15 paragraphs: 

16 ‘‘(2) The Commission may restore to the Restricted 

17 Data category any information concerning atomic energy 

18 programs of other nations removed under paragraph (1) if 

19 the Commission and the Director of National Intelligence 

20 jointly determine that— 

21 ‘‘(A) the programmatic requirements that caused 

22 the information to be removed from the Restricted 

23 Data category are no longer applicable or have di24 minished; 


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1 ‘‘(B) the information would be more appro2 priately protected as Restricted Data; and 

3 ‘‘(C) restoring the information to the Restricted 

4 Data category is in the interest of national security. 

5 ‘‘(3) Information concerning atomic energy programs 

6 of other nations shall be restored to the Restricted Data cat7 egory under paragraph (2) in accordance with regulations 

8 prescribed by the Commission for purposes of that para9 graph.’’. 

10 (b) TECHNICAL AMENDMENT.—Paragraph (1) of sub11 section (e) of such section, as designated by subsection 

12 (a)(2)(A) of this section, is further amended by striking 

13 ‘‘Director of Central Intelligence’’ and inserting ‘‘Director 

14 of National Intelligence’’. 

15 SEC. 3122. RENEWABLE ENERGY. 

16 Section 203(b)(2) of the Energy Policy Act of 2005 (42 

17 U.S.C. 15852(b)(2)) is amended by striking ‘‘geothermal,’’ 

18 and inserting ‘‘geothermal (including geothermal heat 

19 pumps),’’. 


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1 Subtitle C—Reports 

2 SEC. 3131. REPORT ON ACTIONS REQUIRED FOR TRANSI3 TION OF REGULATION OF NON-NUCLEAR AC4 TIVITIES OF THE NATIONAL NUCLEAR SECU5 RITY ADMINISTRATION TO OTHER FEDERAL 

6 AGENCIES. 

7 Not later than February 28, 2013, the Secretary of En8 ergy shall, acting through the Administrator of the National 

9 Nuclear Security Administration, submit to Congress a re10 port on the actions required to transition, to the maximum 

11 extent practicable, the regulation of the non-nuclear activi12 ties of the National Nuclear Security Administration to 

13 other appropriate agencies of the Federal Government by 

14 not later than October 1, 2017. 

15 SEC. 3132. REPORT ON CONSOLIDATION OF FACILITIES OF 

16 THE NATIONAL NUCLEAR SECURITY ADMINIS17 TRATION. 

18 (a) REPORT REQUIRED.—Not later than 180 days 

19 after the date of the enactment of this Act, the Nuclear 

20 Weapons Council shall submit to the congressional defense 

21 committees a report setting forth the assessment of the 

22 Council as to the feasibility of consolidating facilities and 

23 functions of the National Nuclear Security Administration 

24 in order to reduce costs. 


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1 (b) PROCESS FOR CONSOLIDATION.—If the assessment 

2 of the Council in the report under subsection (a) is that 

3 excess facilities exist and the consolidation of facilities and 

4 functions of the Administration is feasible and would reduce 

5 cost, the report shall include recommendations for a process 

6 to determine the manner in which the consolidation should 

7 be accomplished, including an estimate of the time to be 

8 required to complete the process. 

9 (c) LIMITATION ON AVAILABILITY OF CERTAIN FUNDS

10 PENDING REPORT.—Amounts authorized to be appro11 priated by this title and available for the facility projects 

12 in the Department of Energy Readiness and Technical Base 

13 designated 04–D–125 and 06–D–141 may not be obligated 

14 or expended for CD–3, Start of Construction (as found in 

15 Department of Energy Order 413.3 B Program and Project 

16 Management for the Acquisition of Capital Assets,) until 

17 the submittal under subsection (a) of the report required 

18 by that subsection. 

19 SEC. 3133. REGIONAL RADIOLOGICAL SECURITY ZONES. 

20 (a) FINDINGS.—Congress makes the following findings: 

21 (1) A terrorist attack using high-activity radio22 logical materials, such as in a dirty bomb, could in23 flict billions of dollars of economic costs and consider24 able societal and economic dislocation, with effects 

25 and costs possibly lasting for years. 


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1 (2) It may be easier for terrorists to obtain the 

2 materials for, and to fabricate, a dirty bomb than an 

3 improvised nuclear device. 

4 (3) Radiological materials are in widespread use 

5 worldwide, with estimates of the number of radio6 logical sources ranging from 100,000 to millions. 

7 (4) Many nations have a security and regulatory 

8 regime for their radiological sources that is much less 

9 developed than that of the United States. 

10 (5) Radiological materials are used at many ci11 vilian sites including hospitals, industrial sites, and 

12 other locations that have little security, placing these 

13 materials at risk of theft. 

14 (6) Many radiological materials have become 

15 lost, disused, unwanted, or abandoned, with the Glob16 al Threat Reduction Initiative of the National Nu17 clear Security Administration having recovered more 

18 than 30,000 radioactive sources in the United States, 

19 repatriated more than 2,400 United States-origin 

20 sources from other countries, and helped recover more 

21 than 13,000 radioactive sources and radioisotope ther22 moelectric generators in other countries. 

23 (7) High-activity radiological materials can be 

24 used in a dirty bomb. 


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1 (b) SENSE OF CONGRESS.—It is the sense of Congress 

2 that United States and global nonproliferation efforts 

3 should place a high priority on programs to secure high4 activity radiological sources to reduce the threat of radio5 logical terrorism. 

6 (c) STUDY.— 

7 (1) IN GENERAL.—Not later than 180 days after 

8 the date of the enactment of this Act, the Adminis9 trator of the National Nuclear Security Administra10 tion shall submit to the appropriate committees of 

11 Congress a study in accordance with paragraph (3). 

12 (2) CONSULTATION.—The Administrator may, in 

13 conducting the study required under paragraph (1), 

14 consult with the Secretary of Homeland Security, the 

15 Secretary of State, the Nuclear Regulatory Commis16 sion, and such other departments and agencies of the 

17 United States Government as the Administrator con18 siders appropriate. 

19 (3) MATTERS INCLUDED.—The study under 

20 paragraph (1) shall include the following: 

21 (A) An assessment of the radioactive iso22 topes and associated activity levels that present 

23 the greatest risk to national and international 

24 security. 


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1 (B) A review of current United States Gov2 ernment efforts to secure radiological materials 

3 abroad, including coordination with foreign gov4 ernments, the European Union, the Inter5 national Atomic Energy Agency, other inter6 national programs, and nongovernmental orga7 nizations that identify, register, secure, remove, 

8 and provide for the disposition of high-risk radi9 ological materials worldwide. 

10 (C) A review of current United States Gov11 ernment efforts to secure radiological materials 

12 domestically at civilian sites, including hos13 pitals, industrial sites, and other locations. 

14 (D) A definition of regional radiological se15 curity zones, including the subset of the mate16 rials of concern to be the immediate focus and 

17 the security best practices required to achieve 

18 that goal. 

19 (E) An assessment of the feasibility, cost, 

20 desirability, and added benefit of establishing re21 gional radiological security zones in high pri22 ority areas worldwide in order to facilitate re23 gional collaboration in— 


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1 (i) identifying and inventorying high2 activity radiological sources at high-risk 

3 sites; 

4 (ii) reviewing national level regula5 tions, inspections, transportation security, 

6 and security upgrade options; and 

7 (iii) assessing opportunities for the 

8 harmonization of regulations and security 

9 practices among the nations of the region. 

10 (F) An assessment of the feasibility, cost, 

11 desirability, and added benefit of establishing re12 mote regional monitoring centers that would re13 ceive real-time data from radiological security 

14 sites, would be staffed by trained personnel from 

15 the countries in the region, and would alert local 

16 law enforcement in the event of a potential or ac17 tual terrorist incident or other emergency. 

18 (G) A list and assessment of the best prac19 tices used in the United States that are most 

20 critical in enhancing domestic radiological mate21 rial security and could be used to enhance radio22 logical security worldwide. 

23 (H) An assessment of the United States en24 tity or entities that would be best suited to lead 


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1 efforts to establish a radiological security zone 

2 program. 

3 (I) An estimate of the costs associated with 

4 the implementation of a radiological security 

5 zone program. 

6 (J) An assessment of the known locations 

7 outside the United States housing high-risk radi8 ological materials in excess of 1,000 curies. 

9 (4) FORM.—The study required under paragraph 

10 (1) shall be submitted in unclassified form, but may 

11 include a classified annex. 

12 (d) APPROPRIATE COMMITTEES OF CONGRESS DE13 FINED.—In this section, the term ‘‘appropriate committees 

14 of Congress’’ means— 

15 (1) the Committee on Armed Services, the Com16 mittee on Homeland Security and Governmental Af17 fairs, and the Committee on Foreign Relations of the 

18 Senate; and 

19 (2) the Committee on Armed Services, the Com20 mittee on Homeland Security, and the Committee on 

21 Foreign Affairs of the House of Representatives. 

22 SEC. 3134. REPORT ON LEGACY URANIUM MINES. 

23 (a) REPORT.— 

24 (1) IN GENERAL.—The Secretary of Energy shall 

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1 doned uranium mines at which uranium ore was 

2 mined for the weapons program of the United States 

3 (hereinafter referred to as ‘‘legacy uranium mines’’). 

4 (2) MATTERS TO BE ADDRESSED.—The report 

5 shall describe and analyze— 

6 (A) the location of the legacy uranium 

7 mines on Federal, State, tribal, and private 

8 land, taking into account any existing inven9 tories undertaken by Federal agencies, States, 

10 and Indian tribes, and any additional informa11 tion available to the Secretary; 

12 (B) the extent to which the legacy uranium 

13 mines— 

14 (i) may pose a potential and signifi15 cant radiation health hazard to the public; 

16 (ii) may pose some other threat to pub17 lic health and safety hazard; 

18 (iii) have caused, or may cause, deg19 radation of water quality; and 

20 (iv) have caused, or may cause, envi21 ronmental degradation; 

22 (C) a ranking of priority by category for 

23 the remediation and reclamation of the legacy 

24 uranium mines; 


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1 (D) the potential cost and feasibility of re2 mediating and reclaiming, in accordance with 

3 applicable Federal law, each category of legacy 

4 uranium mines; and 

5 (E) the status of any efforts to remediate 

6 and reclaim legacy uranium mines. 

7 (b) RECOMMENDATIONS.—The report shall— 

8 (1) make recommendations as to how to ensure 

9 most feasibly and effectively and expeditiously that 

10 the public health and safety, water resources, and the 

11 environment will be protected from the adverse effects 

12 of legacy uranium mines; and 

13 (2) make recommendations on changes, if any, to 

14 Federal law to address the remediation and reclama15 tion of legacy uranium mines. 

16 (c) CONSULTATION.—In preparing the report, the Sec17 retary of Energy shall consult with any other relevant Fed18 eral agencies, affected States and Indian tribes, and inter19 ested members of the public. 

20 (d) REPORT TO CONGRESS.—Not later than 18 months 

21 after the date of enactment of this Act, the Secretary of En22 ergy shall submit to the Committee on Armed Services and 

23 the Committee on Energy and Natural Resources of the Sen24 ate and the appropriate Committees of the House of Rep25 resentatives— 


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1 (1) the report; and 

2 (2) the plan and timeframe of the Secretary of 

3 Energy for implementing those recommendations of 

4 the report that do not require legislation. 

5 SEC. 3135. COMPTROLLER GENERAL OF THE UNITED 

6 STATES REVIEW OF PROJECTS CARRIED OUT 

7 BY OFFICE OF ENVIRONMENTAL MANAGE8 MENT OF THE DEPARTMENT OF ENERGY PUR9 SUANT TO THE AMERICAN RECOVERY AND 

10 REINVESTMENT ACT OF 2009. 

11 Section 3134 of the National Defense Authorization 

12 Act for Fiscal Year 2010 (Public Law 111–84; 123 Stat. 

13 2713) is amended— 

14 (1) in subsection (c)— 

15 (A) in paragraph (1), by striking ‘‘The 

16 Comptroller General shall conduct a review dur17 ing the period described in paragraph (2), of the 

18 following:’’ and inserting ‘‘Beginning on the date 

19 of the submittal of the report required under sub20 section (b)(2), the Comptroller General shall con21 duct a review of the following:’’; 

22 (B) by striking paragraph (2); 

23 (C) by redesignating paragraph (3) as 

24 paragraph (2); and 


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1 (D) in paragraph (2), as redesignated by 

2 subparagraph (C), by striking ‘‘the end of the pe3 riod described in paragraph (2)’’ and inserting 

4 ‘‘August 30, 2012’’; and 

5 (2) in subsection (d)— 

6 (A) in paragraph (1), by striking ‘‘Begin7 ning on the date on which the Comptroller Gen8 eral submits the last report required under sub9 section (c)(3), the Comptroller General shall con10 duct a review of the following:’’ and inserting 

11 ‘‘Following the submittal of the final report re12 quired under subsection (c)(2), the Comptroller 

13 General shall conduct a review of the following:’’; 

14 and 

15 (B) in paragraph (2), by striking ‘‘Not 

16 later than 90 days after submitting the last re17 port required under subsection (c)(3)’’ and in18 serting ‘‘Within seven months after receiving no19 tification that all American Recovery and Rein20 vestment Act funds have been expended, but not 

21 later than April 30, 2016’’. 

22 Subtitle D—Other Matters 

23 SEC. 3141. SENSE OF CONGRESS ON OVERSIGHT OF THE 

24 NUCLEAR SECURITY ENTERPRISE. 

25 (a) FINDINGS.—Congress makes the following findings: 


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1 (1) In 2000, the National Nuclear Security Ad2 ministration was established as an independent entity 

3 within the Department of Energy to manage and se4 cure the nuclear weapons stockpile of the United 

5 States and to manage nuclear nonproliferation and 

6 naval reactor programs. 

7 (2) Serious security and health incidents con8 tinue to occur at sites of the National Nuclear Secu9 rity Administration. 

10 (3) In September 2012, an official of the Govern11 ment Accountability Office testified to Congress that 

12 lax laboratory attitudes toward safety procedures, lab13 oratory inadequacies in identifying and addressing 

14 safety problems with appropriate corrective actions, 

15 and inadequate oversight by site offices of the Na16 tional Nuclear Security Administration were respon17 sible for nearly 100 safety incidents since 2000. 

18 (4) On July 28, 2012, three unarmed individuals 

19 compromised security at the Y–12 National Security 

20 Complex in Oak Ridge, Tennessee, and according to 

21 the Government Accountability Office, ‘‘gained access 

22 to the protected security area directly adjacent to one 

23 of the nation’s most critically important nuclear 

24 weapons-related facilities’’. 


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1 (5) In June 2006, hackers attacked an unclassi2 fied computer system at the National Nuclear Secu3 rity Administration’s Service Center in Albuquerque, 

4 New Mexico, and gained access to a file containing 

5 the names and social security numbers of more than 

6 1,500 employees of the National Nuclear Security Ad7 ministration. 

8 (6) As early as February 2005, the Inspector 

9 General of the Department of Energy identified prob10 lems with the retrieval of badges from terminated em11 ployees at Los Alamos National Laboratory and other 

12 sites of the National Nuclear Security Administra13 tion. 

14 (7) In 2004, a pattern of safety and security in15 cidents that occurred over the course of a year 

16 prompted the stand-down of Los Alamos National 

17 Laboratory. 

18 (8) The National Nuclear Security Administra19 tion, independent of the safety and security reform ef20 forts of the Department of Energy, has launched an 

21 overhaul of its contracting oversight, placing an em22 phasis on contractor self-policing through an untested 

23 ‘‘contractor assurance’’ approach. 

24 (9) The Government Accountability Office has 

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1 agement capabilities of the National Nuclear Security 

2 Administration a ‘‘high risk’’ designation and found 

3 there to be insufficient qualified Federal acquisition 

4 professionals to ‘‘plan, direct, and oversee project exe5 cution’’. 

6 (b) SENSE OF CONGRESS.—It is the sense of Congress 

7 that— 

8 (1) there is a need for strong, independent over9 sight of the United States nuclear security enterprise; 

10 (2) any attempt to reform oversight of the nu11 clear security enterprise that transfers oversight from 

12 the Department of Energy to the National Nuclear 

13 Security Administration, reduces protections for 

14 worker health and safety at facilities of the National 

15 Nuclear Security Administration to levels below the 

16 standards of the Department of Energy, or transfers 

17 construction appropriations for the nuclear security 

18 enterprise from the Department of Energy appropria19 tion account to the military construction appropria20 tion account, should be carefully evaluated; 

21 (3) the Office of Health, Safety, and Security of 

22 the Department of Energy, which reports to the Sec23 retary of Energy but is also accountable for routinely 

24 reporting to Congress on the performance with respect 

25 to safety and security of the Department, including 


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1 the National Nuclear Security Administration, and 

2 the role of that Office in overseeing safety and secu3 rity at the National Nuclear Security Administra4 tion, should not be diminished but should be routinely 

5 evaluated; 

6 (4) any future modifications to the management 

7 or structure of the nuclear security enterprise should 

8 be done in a way that maintains or increases over9 sight of critical construction, security, and acquisi10 tion capabilities; 

11 (5) to the extent possible, oversight of programs 

12 of the National Nuclear Security Administration by 

13 the Department of Defense should increase to ensure 

14 current and future warfighting requirements are met; 

15 and 

16 (6) the Nuclear Weapons Council should provide 

17 proper oversight in the execution of its responsibilities 

18 under section 179 of title 10, United States Code. 

19 Subtitle E—American Medical 

20 Isotopes Production 

21 SEC. 3151. SHORT TITLE. 

22 This subtitle may be cited as the ‘‘American Medical 

23 Isotopes Production Act of 2012’’. 

24 SEC. 3152. DEFINITIONS. 

25 In this subtitle: 


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1 (1) DEPARTMENT.—The term ‘‘Department’’ 

2 means the Department of Energy. 

3 (2) HIGHLY ENRICHED URANIUM.—The term 

4 ‘‘highly enriched uranium’’ means uranium enriched 

5 to 20 percent or greater in the isotope U–235. 

6 (3) LOW ENRICHED URANIUM.—The term ‘‘low 

7 enriched uranium’’ means uranium enriched to less 

8 than 20 percent in the isotope U–235. 

9 (4) SECRETARY.—The term ‘‘Secretary’’ means 

10 the Secretary of Energy. 

11 SEC. 3153. IMPROVING THE RELIABILITY OF DOMESTIC 

12 MEDICAL ISOTOPE SUPPLY. 

13 (a) MEDICAL ISOTOPE DEVELOPMENT PROJECTS.— 

14 (1) IN GENERAL.—The Secretary shall carry out 

15 a technology-neutral program— 

16 (A) to evaluate and support projects for the 

17 production in the United States, without the use 

18 of highly enriched uranium, of significant quan19 tities of molybdenum-99 for medical uses; 

20 (B) to be carried out in cooperation with 

21 non-Federal entities; and 

22 (C) the costs of which shall be shared in ac23 cordance with section 988 of the Energy Policy 

24 Act of 2005 (42 U.S.C. 16352). 


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1 (2) CRITERIA.—Projects shall be judged against 

2 the following primary criteria: 

3 (A) The length of time necessary for the pro4 posed project to begin production of molyb5 denum-99 for medical uses within the United 

6 States. 

7 (B) The capability of the proposed project 

8 to produce a significant percentage of United 

9 States demand for molybdenum-99 for medical 

10 uses. 

11 (C) The cost of the proposed project. 

12 (3) EXEMPTION.—An existing reactor in the 

13 United States fueled with highly enriched uranium 

14 shall not be disqualified from the program if the Sec15 retary determines that— 

16 (A) there is no alternative nuclear reactor 

17 fuel, enriched in the isotope U–235 to less than 

18 20 percent, that can be used in that reactor; 

19 (B) the reactor operator has provided assur20 ances that, whenever an alternative nuclear reac21 tor fuel, enriched in the isotope U–235 to less 

22 than 20 percent, can be used in that reactor, it 

23 will use that alternative in lieu of highly en24 riched uranium; and 


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1 (C) the reactor operator has provided a cur2 rent report on the status of its efforts to convert 

3 the reactor to an alternative nuclear reactor fuel 

4 enriched in the isotope U–235 to less than 20 

5 percent, and an anticipated schedule for comple6 tion of conversion. 

7 (4) PUBLIC PARTICIPATION AND REVIEW.—The 

8 Secretary shall— 

9 (A) develop a program plan and annually 

10 update the program plan through public work11 shops; and 

12 (B) use the Nuclear Science Advisory Com13 mittee to conduct annual reviews of the progress 

14 made in achieving the program goals. 

15 (b) DEVELOPMENT ASSISTANCE.—The Secretary shall 

16 carry out a program to provide assistance for— 

17 (1) the development of fuels, targets, and proc18 esses for domestic molybdenum-99 production that do 

19 not use highly enriched uranium; and 

20 (2) commercial operations using the fuels, tar21 gets, and processes described in paragraph (1). 

22 (c) URANIUM LEASE AND TAKE-BACK.— 

23 (1) IN GENERAL.—The Secretary shall establish 

24 a program to make low-enriched uranium available, 


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1 through lease contracts, for irradiation for the pro2 duction of molybdenum-99 for medical uses. 

3 (2) TITLE.—The lease contracts shall provide for 

4 the producers of the molybdenum-99 to take title to 

5 and be responsible for the molybdenum-99 created by 

6 the irradiation, processing, or purification of ura7 nium leased under this section. 

8 (3) DUTIES.— 

9 (A) SECRETARY.—The lease contracts shall 

10 require the Secretary— 

11 (i) to retain responsibility for the final 

12 disposition of spent nuclear fuel created by 

13 the irradiation, processing, or purification 

14 of uranium leased under this section for the 

15 production of medical isotopes; and 

16 (ii) to take title to and be responsible 

17 for the final disposition of radioactive waste 

18 created by the irradiation, processing, or 

19 purification of uranium leased under this 

20 section for which the Secretary determines 

21 the producer does not have access to a dis22 posal path. 

23 (B) PRODUCER.—The producer of the spent 

24 nuclear fuel and radioactive waste shall accu25 rately characterize, appropriately package, and 


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1 transport the spent nuclear fuel and radioactive 

2 waste prior to acceptance by the Department. 

3 (4) COMPENSATION.— 

4 (A) IN GENERAL.—Subject to subparagraph 

5 (B), the lease contracts shall provide for com6 pensation in cash amounts equivalent to pre7 vailing market rates for the sale of comparable 

8 uranium products and for compensation in cash 

9 amounts equivalent to the net present value of 

10 the cost to the Federal Government for— 

11 (i) the final disposition of spent nu12 clear fuel and radioactive waste for which 

13 the Department is responsible under para14 graph (3); and 

15 (ii) other costs associated with car16 rying out the uranium lease and take-back 

17 program authorized by this subsection. 

18 (B) DISCOUNT RATE.—The discount rate 

19 used to determine the net present value of costs 

20 described in subparagraph (A)(ii) shall be not 

21 greater than the average interest rate on market22 able Treasury securities. 

23 (5) AUTHORIZED USE OF FUNDS.—The Secretary 

24 may obligate and expend funds received under leases 

25 entered into under this subsection, which shall remain 


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1 available until expended, for the purpose of carrying 

2 out the activities authorized by this subtitle, including 

3 activities related to the final disposition of spent nu4 clear fuel and radioactive waste for which the Depart5 ment is responsible under paragraph (3). 

6 (6) EXCHANGE OF URANIUM FOR SERVICES.— 

7 The Secretary shall not barter or otherwise sell or 

8 transfer uranium in any form in exchange for— 

9 (A) services related to the final disposition 

10 of the spent nuclear fuel and radioactive waste 

11 for which the Department is responsible under 

12 paragraph (3); or 

13 (B) any other services associated with car14 rying out the uranium lease and take-back pro15 gram authorized by this subsection. 

16 (d) COORDINATION OF ENVIRONMENTAL REVIEWS.— 

17 The Department and the Nuclear Regulatory Commission 

18 shall ensure to the maximum extent practicable that envi19 ronmental reviews for the production of the medical isotopes 

20 shall complement and not duplicate each review. 

21 (e) OPERATIONAL DATE.—The Secretary shall estab22 lish a program as described in subsection (c)(3) not later 

23 than 3 years after the date of enactment of this Act. 

24 (f) RADIOACTIVE WASTE.—Notwithstanding section 2 

25 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101), 


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1 radioactive material resulting from the production of med2 ical isotopes that has been permanently removed from a re3 actor or subcritical assembly and for which there is no fur4 ther use shall be considered low-level radioactive waste if 

5 the material is acceptable under Federal requirements for 

6 disposal as low-level radioactive waste. 

7 SEC. 3154. EXPORTS. 

8 Section 134 of the Atomic Energy Act of 1954 (42 

9 U.S.C. 2160d) is amended by striking subsection c. and in10 serting the following: 

11 ‘‘c. Effective 7 years after the date of enactment of the 

12 American Medical Isotopes Production Act of 2012, the 

13 Commission may not issue a license for the export of highly 

14 enriched uranium from the United States for the purposes 

15 of medical isotope production. 

16 ‘‘d. The period referred to in subsection b. may be ex17 tended for no more than 6 years if, no earlier than 6 years 

18 after the date of enactment of the American Medical Iso19 topes Production Act of 2012, the Secretary of Energy cer20 tifies to the Committee on Energy and Commerce of the 

21 House of Representatives and the Committee on Energy and 

22 Natural Resources of the Senate that— 

23 ‘‘(1) there is insufficient global supply of molyb24 denum-99 produced without the use of highly enriched 


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1 uranium available to satisfy the domestic United 

2 States market; and 

3 ‘‘(2) the export of United States-origin highly en4 riched uranium for the purposes of medical isotope 

5 production is the most effective temporary means to 

6 increase the supply of molybdenum-99 to the domestic 

7 United States market. 

8 ‘‘e. To ensure public review and comment, the develop9 ment of the certification described in subsection c. shall be 

10 carried out through announcement in the Federal Register. 

11 ‘‘f. At any time after the restriction of export licenses 

12 provided for in subsection b. becomes effective, if there is 

13 a critical shortage in the supply of molybdenum-99 avail14 able to satisfy the domestic United States medical isotope 

15 needs, the restriction of export licenses may be suspended 

16 for a period of no more than 12 months, if— 

17 ‘‘(1) the Secretary of Energy certifies to the Con18 gress that the export of United States-origin highly 

19 enriched uranium for the purposes of medical isotope 

20 production is the only effective temporary means to 

21 increase the supply of molybdenum-99 necessary to 

22 meet United States medical isotope needs during that 

23 period; and 


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1 ‘‘(2) the Congress enacts a Joint Resolution ap2 proving the temporary suspension of the restriction of 

3 export licenses. 

4 ‘‘g. As used in this section— 

5 ‘‘(1) the term ‘alternative nuclear reactor fuel or 

6 target’ means a nuclear reactor fuel or target which 

7 is enriched to less than 20 percent in the isotope U– 

8 235; 

9 ‘‘(2) the term ‘highly enriched uranium’ means 

10 uranium enriched to 20 percent or more in the iso11 tope U–235; 

12 ‘‘(3) a fuel or target ‘can be used’ in a nuclear 

13 research or test reactor if— 

14 ‘‘(A) the fuel or target has been qualified by 

15 the Reduced Enrichment Research and Test Re16 actor Program of the Department of Energy; and 

17 ‘‘(B) use of the fuel or target will permit the 

18 large majority of ongoing and planned experi19 ments and medical isotope production to be con20 ducted in the reactor without a large percentage 

21 increase in the total cost of operating the reactor; 

22 and 

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1 ceutical for diagnostic or therapeutic procedures or 

2 for research and development.’’. 

3 SEC. 3155. REPORT ON DISPOSITION OF EXPORTS. 

4 Not later than 1 year after the date of the enactment 

5 of this Act, the Chairman of the Nuclear Regulatory Com6 mission, after consulting with other relevant agencies, shall 

7 submit to the Congress a report detailing the current dis8 position of previous United States exports of highly en9 riched uranium used as fuel or targets in a nuclear research 

10 or test reactor, including— 

11 (1) their location; 

12 (2) whether they are irradiated; 

13 (3) whether they have been used for the purpose 

14 stated in their export license; 

15 (4) whether they have been used for an alter16 native purpose and, if so, whether such alternative 

17 purpose has been explicitly approved by the Commis18 sion; 

19 (5) the year of export, and reimportation, if ap20 plicable; 

21 (6) their current physical and chemical forms; 

22 and 

23 (7) whether they are being stored in a manner 

24 which adequately protects against theft and unauthor25 ized access. 


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1 SEC. 3156. DOMESTIC MEDICAL ISOTOPE PRODUCTION. 

2 (a) IN GENERAL.—Chapter 10 of the Atomic Energy 

3 Act of 1954 (42 U.S.C. 2131 et seq.) is amended by adding 

4 at the end the following: 

5 ‘‘SEC. 112. DOMESTIC MEDICAL ISOTOPE PRODUC6 TION.— 

7 ‘‘a. The Commission may issue a license, or grant an 

8 amendment to an existing license, for the use in the United 

9 States of highly enriched uranium as a target for medical 

10 isotope production in a nuclear reactor, only if, in addition 

11 to any other requirement of this Act— 

12 ‘‘(1) the Commission determines that— 

13 ‘‘(A) there is no alternative medical isotope 

14 production target, enriched in the isotope U–235 

15 to less than 20 percent, that can be used in that 

16 reactor; and 

17 ‘‘(B) the proposed recipient of the medical 

18 isotope production target has provided assur19 ances that, whenever an alternative medical iso20 tope production target can be used in that reac21 tor, it will use that alternative in lieu of highly 

22 enriched uranium; and 

23 ‘‘(2) the Secretary of Energy has certified that 

24 the United States Government is actively supporting 

25 the development of an alternative medical isotope pro26 duction target that can be used in that reactor. 


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1 ‘‘b. As used in this section— 

2 ‘‘(1) the term ‘alternative medical isotope pro3 duction target’ means a nuclear reactor target which 

4 is enriched to less than 20 percent of the isotope U– 

5 235; 

6 ‘‘(2) a target ‘can be used’ in a nuclear research 

7 or test reactor if— 

8 ‘‘(A) the target has been qualified by the Re9 duced Enrichment Research and Test Reactor 

10 Program of the Department of Energy; and 

11 ‘‘(B) use of the target will permit the large 

12 majority of ongoing and planned experiments 

13 and medical isotope production to be conducted 

14 in the reactor without a large percentage in15 crease in the total cost of operating the reactor; 

16 ‘‘(3) the term ‘highly enriched uranium’ means 

17 uranium enriched to 20 percent or more in the iso18 tope U–235; and 

19 ‘‘(4) the term ‘medical isotope’ includes molyb20 denum-99, iodine-131, xenon-133, and other radio21 active materials used to produce a radiopharma22 ceutical for diagnostic or therapeutic procedures or 

23 for research and development.’’. 

24 (b) TABLE OF CONTENTS.—The table of contents for 

25 the Atomic Energy Act of 1954 is amended by inserting 


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1 the following new item at the end of the items relating to 

2 chapter 10 of title I: 

‘‘Sec. 112. Domestic medical isotope production.’’. 

3 SEC. 3157. ANNUAL DEPARTMENT REPORTS. 

4 (a) IN GENERAL.—Not later than 1 year after the date 

5 of enactment of this Act, and annually thereafter for 5 

6 years, the Secretary shall report to Congress on Department 

7 actions to support the production in the United States, 

8 without the use of highly enriched uranium, of molyb9 denum-99 for medical uses. 

10 (b) CONTENTS.—The reports shall include the fol11 lowing: 

12 (1) For medical isotope development projects— 

13 (A) the names of any recipients of Depart14 ment support under section 3143; 

15 (B) the amount of Department funding 

16 committed to each project; 

17 (C) the milestones expected to be reached for 

18 each project during the year for which support 

19 is provided; 

20 (D) how each project is expected to support 

21 the increased production of molybdenum-99 for 

22 medical uses; 

23 (E) the findings of the evaluation of projects 

24 under section 3143(a)(2); and 


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1 (F) the ultimate use of any Department 

2 funds used to support projects under section 

3 3143. 

4 (2) A description of actions taken in the previous 

5 year by the Secretary to ensure the safe disposition of 

6 spent nuclear fuel and radioactive waste for which the 

7 Department is responsible under section 3143(c). 

8 SEC. 3158. NATIONAL ACADEMY OF SCIENCES REPORT. 

9 (a) IN GENERAL.—The Secretary shall enter into an 

10 arrangement with the National Academy of Sciences to con11 duct a study of the state of molybdenum-99 production and 

12 utilization, to be provided to Congress not later than 5 

13 years after the date of enactment of this Act. 

14 (b) CONTENTS.—The report shall include the following: 

15 (1) For molybdenum-99 production— 

16 (A) a list of all facilities in the world pro17 ducing molybdenum-99 for medical uses, includ18 ing an indication of whether these facilities use 

19 highly enriched uranium in any way; 

20 (B) a review of international production of 

21 molybdenum-99 over the previous 5 years, in22 cluding— 

23 (i) whether any new production was 

24 brought online; 


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1 (ii) whether any facilities halted pro2 duction unexpectedly; and 

3 (iii) whether any facilities used for 

4 production were decommissioned or other5 wise permanently removed from service; and 

6 (C) an assessment of progress made in the 

7 previous 5 years toward establishing domestic 

8 production of molybdenum-99 for medical uses, 

9 including the extent to which other medical iso10 topes that have been produced with molybdenum11 99, such as iodine-131 and xenon-133, are being 

12 used for medical purposes. 

13 (2) An assessment of the progress made by the 

14 Department and others to eliminate all worldwide use 

15 of highly enriched uranium in reactor fuel, reactor 

16 targets, and medical isotope production facilities. 

17 SEC. 3159. REPEAL. 

18 The Nuclear Safety Research, Development, and Dem19 onstration Act of 1980 (42 U.S.C. 9701 et seq.) is repealed. 


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1 Subtitle F—Other Matters 

2 SEC. 3161. CONGRESSIONAL ADVISORY PANEL ON THE GOV3 ERNANCE STRUCTURE OF THE NATIONAL NU4 CLEAR SECURITY ADMINISTRATION AND ITS 

5 RELATIONSHIP TO OTHER FEDERAL AGEN6 CIES. 

7 (a) ESTABLISHMENT.—There is established a congres8 sional advisory panel (in this section referred to as the ‘‘ad9 visory panel’’) to assess the feasibility and advisability of, 

10 and make recommendations with respect to, revising the 

11 governance structure of the National Nuclear Security Ad12 ministration (in this section referred to as the ‘‘Administra13 tion’’) to permit the Administration to operate more effec14 tively. 

15 (b) COMPOSITION.— 

16 (1) MEMBERSHIP.—The advisory panel shall be 

17 composed of 12 members appointed as follows: 

18 (A) Three by the Speaker of the House of 

19 Representatives. 

20 (B) Three by the Minority Leader of the 

21 House of Representatives. 

22 (C) Three by the Majority Leader of the 

23 Senate. 

24 (D) Three by the Minority Leader of the 

25 Senate. 


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1 (2) CHAIRMAN; VICE CHAIRMAN.— 

2 (A) CHAIRMAN.—The Speaker of the House 

3 of Representatives and the Majority Leader of 

4 the Senate shall jointly designate one member of 

5 the advisory panel to serve as chairman of the 

6 advisory panel. 

7 (B) VICE CHAIRMAN.—The Minority Leader 

8 of the House of Representatives and the Minority 

9 Leader of the Senate shall jointly designate one 

10 member of the advisory panel to serve as vice 

11 chairman of the advisory panel. 

12 (3) PERIOD OF APPOINTMENT; VACANCIES.— 

13 Each member of the advisory panel shall be appointed 

14 for a term of one year and may be reappointed for 

15 an additional period lasting until the termination of 

16 the advisory panel in accordance with subsection (f). 

17 Any vacancy in the advisory panel shall be filled in 

18 the same manner as the original appointment. 

19 (c) COOPERATION FROM FEDERAL AGENCIES.— 

20 (1) COOPERATION.—The advisory panel shall re21 ceive the full and timely cooperation of the Secretary 

22 of Defense, the Secretary of Energy, and any other 

23 Federal official in providing the advisory panel with 

24 analyses, briefings, and other information necessary 


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1 for the advisory panel to carry out its duties under 

2 this section. 

3 (2) ACCESS TO INFORMATION.—Members of the 

4 advisory panel shall have access to all information, 

5 including classified information, necessary to carry 

6 out the duties of the advisory panel under this sec7 tion. The security clearance process shall be expedited 

8 for members and staff of the advisory panel to the ex9 tent necessary to permit the advisory panel to carry 

10 out its duties under this section. 

11 (3) LIAISON.—The Secretary of Defense, the Sec12 retary of State, and the Secretary of Energy shall 

13 each designate at least one officer or employee of the 

14 Department of Defense, Department of State, and the 

15 Department of Energy, respectively, to serve as a liai16 son officer between the department and the advisory 

17 panel. 

18 (d) REPORT REQUIRED.—Not later than 120 days 

19 after the date that each of the members of the advisory panel 

20 has been appointed, the advisory panel shall submit to the 

21 President, the Secretary of Defense, the Secretary of Energy, 

22 the Committee on Armed Services of the Senate, and the 

23 Committee on Armed Services of the House of Representa24 tives an interim report on the feasibility and advisability 

25 of revising the governance structure of the Administration 


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1 to permit the Administration to operate more effectively, 

2 to be followed by a final report prior to the termination 

3 of the advisory panel in accordance with subsection (f). The 

4 reports shall include the following: 

5 (1) Recommendations with respect to the fol6 lowing: 

7 (A) The organization and structure of the 

8 Administration, including the roles, responsibil9 ities, and authorities of the Administration and 

10 mechanisms for holding the Administration ac11 countable. 

12 (B) The allocation of roles and responsibil13 ities with respect to the safety and security of the 

14 nuclear weapons complex. 

15 (C) The relationship of the Administration 

16 to the National Security Council, the Nuclear 

17 Weapons Council, the Department of Energy, the 

18 Department of Defense, and other Federal agen19 cies, as well as the national security laboratories, 

20 as appropriate. 

21 (D) The role of the Administration in the 

22 interagency process for planning, programming, 

23 and budgeting with respect to the nuclear weap24 ons complex. 


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1 (E) Legislative changes necessary for revis2 ing the governance structure of the Administra3 tion. 

4 (F) The appropriate structure for oversight 

5 of the Administration by congressional commit6 tees. 

7 (G) The length of the term of the Adminis8 trator for Nuclear Security. 

9 (H) The authority of the Administrator to 

10 appoint senior members of the Administrator’s 

11 staff. 

12 (I) Whether the nonproliferation activities 

13 of the Administration on the day before the date 

14 of the enactment of this Act should remain with 

15 the Administration or be transferred to another 

16 agency. 

17 (J) Infrastructure, rules, and standards 

18 that will better protect the safety and health of 

19 nuclear workers, while also permitting those 

20 workers the appropriate freedom to efficiently 

21 and safely carry out their mission. 

22 (K) Legislative or regulatory changes re23 quired to improve contracting best practices in 

24 order to reduce the cost of programs without 

25 eroding mission requirements. 


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1 (L) Whether the Administration should op2 erate more independently of the Department of 

3 Energy while reporting to the President through 

4 Secretary of Energy. 

5 (2) An assessment of how revisions to the govern6 ance structure of the Administration will lead to a 

7 more mission-focused management structure capable 

8 of keeping programs on schedule and within cost esti9 mates. 

10 (3) An assessment of the disadvantages and bene11 fits of each organizational structure for the Adminis12 tration considered by the advisory panel. 

13 (4) An assessment of how the national security 

14 laboratories can expand basic science in support of 

15 ancillary national security missions in a manner 

16 that mutually reinforces the stockpile stewardship 

17 mission of the Administration and encourages the re18 tention of top performers. 

19 (5) An assessment of how to better retain and re20 cruit personnel, including recommendations for cre21 ating an improved professional culture that empha22 sizes the scientific, engineering, and national security 

23 objectives of the United States. 

24 (6) Any other information or recommendations 

25 relating to revising the governance structure of the 


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1 Administration that the advisory panel considers ap2 propriate. 

3 (e) FUNDING.—Of the amounts authorized to be appro4 priated for fiscal year 2013 and made available to the De5 partment of Defense pursuant to this Act, not more than 

6 $1,000,000 shall be made available to the advisory panel 

7 to carry out this section. 

8 (f) SUNSET.—The advisory panel established by sub9 section (a) of this section shall be terminated on the date 

10 that is 365 days after the date that each of the twelve mem11 bers of the advisory panel has first been appointed. 

12 TITLE XXXII—DEFENSE NU13 CLEAR FACILITIES SAFETY 

14 BOARD 

15 SEC. 3201. AUTHORIZATION. 

16 There are authorized to be appropriated for fiscal year 

17 2013, $29,415,000 for the operation of the Defense Nuclear 

18 Facilities Safety Board under chapter 21 of the Atomic En19 ergy Act of 1954 (42 U.S.C. 2286 et seq.). 

20 TITLE XXXV—MARITIME 

21 ADMINISTRATION 

22 SEC. 3501. SHORT TITLE. 

23 This title may be cited as the ‘‘Maritime Administra24 tion Authorization Act for Fiscal Year 2013’’. 


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1 SEC. 3502. CONTAINER-ON-BARGE TRANSPORTATION. 

2 (a) ASSESSMENT.—The Administrator of the Maritime 

3 Administration shall assess the potential for using con4 tainer-on-barge transportation in short sea transportation 

5 (as such term is defined in section 55605 of title 46, United 

6 States Code). 

7 (b) FACTORS.—In conducting the assessment under 

8 subsection (a), the Administrator shall consider— 

9 (1) the environmental benefits of increasing con10 tainer-on-barge movements in short sea transpor11 tation; 

12 (2) the regional differences in the use of short sea 

13 transportation; 

14 (3) the existing programs established at coastal 

15 and Great Lakes ports for establishing awareness of 

16 deep sea shipping operations; 

17 (4) the mechanisms necessary to ensure that im18 plementation of a plan under subsection (c) will not 

19 be inconsistent with antitrust laws; and 

20 (5) the potential frequency of container-on-barge 

21 service at short sea transportation ports. 

22 (c) RECOMMENDATIONS.—The assessment under sub23 section (a) may include recommendations for a plan to in24 crease awareness of the potential for use of container-on25 barge transportation. 


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1 (d) DEADLINE.—Not later than 180 days after the date 

2 of enactment of this title, the Administrator shall submit 

3 the assessment required under this section to the Committee 

4 on Commerce, Science, and Transportation of the Senate 

5 and the Committee on Transportation and Infrastructure 

6 of the House of Representatives. 

7 SEC. 3503. SHORT SEA TRANSPORTATION. 

8 (a) PURPOSE.—Section 55601 of title 46, United 

9 States Code, is amended— 

10 (1) in subsection (a), by striking ‘‘landside con11 gestion.’’ and inserting ‘‘landside congestion or to 

12 promote short sea transportation.’’; 

13 (2) in subsection (c), by striking ‘‘coastal cor14 ridors’’ and inserting ‘‘coastal corridors or to promote 

15 short sea transportation’’; 

16 (3) in subsection (d), by striking ‘‘that the 

17 project may’’ and all that follows through the end of 

18 the subsection and inserting ‘‘that the project uses 

19 documented vessels and— 

20 ‘‘(1) mitigates landside congestion; or 

21 ‘‘(2) promotes short sea transportation.’’; and 

22 (4) in subsection (f), by striking ‘‘shall’’ each 

23 place it appears and inserting ‘‘may’’. 

24 (b) DOCUMENTATION.—Section 55605 of title 46, 

25 United States Code, is amended in the matter preceding 


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1 paragraph (1) by striking ‘‘by vessel’’ and inserting ‘‘by 

2 a documented vessel’’. 

3 SEC. 3504. MARITIME ENVIRONMENTAL AND TECHNICAL AS4 SISTANCE. 

5 (a) IN GENERAL.—Chapter 503 of title 46, United 

6 States Code, is amended by adding at the end the following: 

7 ‘‘§ 50307. Maritime environmental and technical as8 sistance 

9 ‘‘(a) IN GENERAL.—The Secretary of Transportation 

10 may engage in the environmental study, research, develop11 ment, assessment, and deployment of emerging marine tech12 nologies and practices related to the marine transportation 

13 system through the use of public vessels under the control 

14 of the Maritime Administration or private vessels under 

15 Untied States registry, and through partnerships and coop16 erative efforts with academic, public, private, and non-gov17 ernmental entities and facilities. 

18 ‘‘(b) REQUIREMENTS.—The Secretary of Transpor19 tation may— 

20 ‘‘(1) identify, study, evaluate, test, demonstrate, 

21 or improve emerging marine technologies and prac22 tices that are likely to achieve environmental im23 provements by— 

24 ‘‘(A) reducing air emissions, water emis25 sions, or other ship discharges; 


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1 ‘‘(B) increasing fuel economy or the use of 

2 alternative fuels and alternative energy (includ3 ing the use of shore power); or 

4 ‘‘(C) controlling aquatic invasive species; 

5 and 

6 ‘‘(2) coordinate with the Environmental Protec7 tion Agency, the United States Coast Guard, and 

8 other Federal, State, local, or tribal agencies, as ap9 propriate. 

10 ‘‘(c) COORDINATION.—Coordination under subsection 

11 (b)(2) may include— 

12 ‘‘(1) activities that are associated with the devel13 opment or approval of validation and testing regimes; 

14 and 

15 ‘‘(2) certification or validation of emerging tech16 nologies or practices that demonstrate significant en17 vironmental benefits. 

18 ‘‘(d) ASSISTANCE.—The Secretary of Transportation 

19 may accept gifts, or enter into cooperative agreements, con20 tracts, or other agreements with academic, public, private, 

21 and non-governmental entities to carry out the activities 

22 authorized under subsection (a).’’. 

23 (b) CONFORMING AMENDMENT.—The table of contents 

24 for chapter 503 of title 46, United States Code, is amended 


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1 by inserting after the item relating to section 50306 the fol2 lowing: 

‘‘50307. Maritime environmental and technical assistance.’’. 

3 SEC. 3505. IDENTIFICATION OF ACTIONS TO ENABLE QUALI4 FIED UNITED STATES FLAG CAPACITY TO 

5 MEET NATIONAL DEFENSE REQUIREMENTS. 

6 Section 501(b) of title 46, United States Code, is 

7 amended— 

8 (1) by striking ‘‘When the head’’ and inserting 

9 the following: 

10 ‘‘(1) IN GENERAL.—When the head’’; and 

11 (2) by adding at the end the following: 

12 ‘‘(2) DETERMINATIONS.—The Maritime Admin13 istrator shall— 

14 ‘‘(A) for each determination referred to in 

15 paragraph (1), identify any actions that could be 

16 taken to enable qualified United States flag ca17 pacity to meet national defense requirements; 

18 ‘‘(B) provide notice of each such determina19 tion to the Secretary of Transportation and the 

20 head of the agency referred to in paragraph (1) 

21 for which the determination is made; and 

22 ‘‘(C) publish each such determination on the 

23 Internet Web site of the Department of Transpor24 tation not later than 48 hours after notice of the 


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1 determination is provided to the Secretary of 

2 Transportation. 

3 ‘‘(3) NOTICE TO CONGRESS.— 

4 ‘‘(A) IN GENERAL.—The head of an agency 

5 referred to in paragraph (1) shall notify the 

6 Committee on Transportation and Infrastructure 

7 of the House of Representatives and the Com8 mittee on Commerce, Science, and Transpor9 tation of the Senate— 

10 ‘‘(i) of any request for a waiver of the 

11 navigation or vessel-inspection laws under 

12 this section not later than 48 hours after re13 ceiving such a request; and 

14 ‘‘(ii) of the issuance of any such waiver 

15 not later than 48 hours after such issuance. 

16 ‘‘(B) CONTENTS.—Such head of an agency 

17 shall include in each notification under subpara18 graph (A)(ii) an explanation of— 

19 ‘‘(i) the reasons the waiver is nec20 essary; and 

21 ‘‘(ii) the reasons actions referred to in 

22 paragraph (2)(A) are not feasible.’’. 


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1 SEC. 3506. MARITIME WORKFORCE STUDY. 

2 (a) TRAINING STUDY.—The Comptroller General of the 

3 United States shall conduct a study on the training needs 

4 of the maritime workforce. 

5 (b) STUDY COMPONENTS.—The study shall— 

6 (1) analyze the impact of maritime training re7 quirements imposed by domestic and international 

8 regulations and conventions, companies, and govern9 ment agencies that charter or operate vessels; 

10 (2) evaluate the ability of the United States mar11 itime training infrastructure to meet the needs of the 

12 maritime industry; 

13 (3) identify trends in maritime training; 

14 (4) compare the training needs of United States 

15 mariners with the vocational training and edu16 cational assistance programs available from Federal 

17 agencies to evaluate the ability of Federal programs 

18 to meet the training needs of United States mariners; 

19 (5) include recommendations to enhance the ca20 pabilities of the United States maritime training in21 frastructure; and 

22 (6) include recommendations to assist United 

23 States mariners and those entering the maritime pro24 fession to achieve the required training. 

25 (c) FINAL REPORT.—Not later than 1 year after the 

26 date of enactment of this title, the Comptroller General shall 


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1 submit a report on the results of the study to the Committee 

2 on Commerce, Science, and Transportation of the Senate 

3 and the Committee on Transportation and Infrastructure 

4 of the House of Representatives. 

5 SEC. 3507. MARITIME ADMINISTRATION VESSEL RECYCLING 

6 CONTRACT AWARD PRACTICES. 

7 (a) IN GENERAL.—Not later than 12 months after the 

8 date of enactment of this title, the Comptroller General of 

9 the Government Accountability Office shall conduct an as10 sessment of the source selection procedures and practices 

11 used to award the Maritime Administration’s National De12 fense Reserve Fleet vessel recycling contracts. The Comp13 troller General shall assess the process, procedures, and 

14 practices used for the Maritime Administration’s qualifica15 tion of vessel recycling facilities. The Comptroller General 

16 shall report the findings to the Committee on Commerce, 

17 Science, and Transportation and the Committee on Armed 

18 Services of the Senate, and the Committee on Transpor19 tation and Infrastructure and the Committee on Armed 

20 Services of the House of Representatives. 

21 (b) ASSESSMENT.—The assessment under subsection 

22 (a) shall include a review of whether the Maritime Adminis23 tration’s contract source selection procedures and practices 

24 are consistent with law, the Federal Acquisition RegulaVerDate Mar 15 2010 01:32 Dec 07, 2012 Jkt 029200 PO 00000 Frm 01027 Fmt 6652 Sfmt 6203 E:\SENENR\H4310.PP H4310

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1 tions (FAR), and Federal best practices associated with 

2 making source selection decisions. 

3 (c) CONSIDERATIONS.—In making the assessment 

4 under subsection (a), the Comptroller General may consider 

5 any other aspect of the Maritime Administration’s vessel 

6 recycling process that the Comptroller General deems ap7 propriate to review. 

8 SEC. 3508. REQUIREMENT FOR BARGE DESIGN. 

9 Not later than 270 days after the date of enactment 

10 of this title, the Administrator of the Maritime Administra11 tion shall complete the design for a containerized, articu12 lated barge, as identified in the dual-use vessel study car13 ried out by the Administrator and the Secretary of Defense, 

14 that is able to utilize roll-on/roll-off or load-on/load-off tech15 nology in marine highway maritime commerce. 

16 SEC. 3509. ELIGIBILITY TO RECEIVE SURPLUS TRAINING 

17 EQUIPMENT. 

18 Section 51103(b)(2)(C) of title 46, United States Code, 

19 is amended by inserting ‘‘or a training institution that is 

20 an instrumentality of a State, Territory, or Commonwealth 

21 of the United States or District of Columbia or a unit of 

22 local government thereof’’ after ‘‘a non-profit training insti23 tution’’. 


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1 DIVISION D—FUNDING TABLES 

2 SEC. 4001. AUTHORIZATION OF AMOUNTS IN FUNDING TA3 BLES. 

4 (a) IN GENERAL.—Whenever a funding table in this 

5 division specifies a dollar amount authorized for a project, 

6 program, or activity, the obligation and expenditure of the 

7 specified dollar amount for the project, program, or activity 

8 is hereby authorized, subject to the availability of appro9 priations. 

10 (b) MERIT-BASED DECISIONS.—Decisions by agency 

11 heads to commit, obligate, or expend funds with or to a 

12 specific entity on the basis of a dollar amount authorized 

13 pursuant to subsection (a) shall be based on authorized, 

14 transparent, statutory criteria, or merit-based selection pro15 cedures in accordance with the requirements of sections 

16 2304(k) and 2374 of title 10, United States Code, and other 

17 applicable provisions of law. 

18 (c) RELATIONSHIP TO TRANSFER AND PROGRAMMING

19 AUTHORITY.—An amount specified in the funding tables in 

20 this division may be transferred or reprogrammed under 

21 a transfer or reprogramming authority provided by another 

22 provision of this Act or by other law. The transfer or re23 programming of an amount specified in such funding tables 

24 shall not count against a ceiling on such transfers or 

25 reprogrammings under section 1001 of this Act or any other 


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1 provision of law, unless such transfer or reprogramming 

2 would move funds between appropriation accounts. 

3 (d) ORAL AND WRITTEN COMMUNICATIONS.—No oral 

4 or written communication concerning any amount specified 

5 in the funding tables in this division shall supercede the 

6 requirements of this section. 


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1 TITLE XLI—PROCUREMENT 

2 SEC. 4101. PROCUREMENT. 

SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2013 

Request 

Senate 

Authorized 

AIRCRAFT PROCUREMENT, ARMY 

FIXED WING 

001 UTILITY F/W AIRCRAFT ...................................................................................................... 18,639 18,639 

002 C–12 CARGO AIRPLANE ....................................................................................................... 0 0 

003 MQ–1 UAV ................................................................................................................................. 518,088 518,088 

004 RQ–11 (RAVEN) ....................................................................................................................... 25,798 25,798 

005 BCT UNMANNED AERIAL VEH (UAVS) INCR 1 ............................................................. 0 0 

ROTARY 

006 HELICOPTER, LIGHT UTILITY (LUH) ............................................................................ 271,983 271,983 

007 AH–64 APACHE BLOCK IIIA REMAN ............................................................................... 577,115 577,115

008 ADVANCE PROCUREMENT (CY) .................................................................................... 107,707 107,707

009 AH–64 APACHE BLOCK IIIB NEW BUILD ...................................................................... 153,993 153,993 

010 ADVANCE PROCUREMENT (CY) .................................................................................... 146,121 146,121

011 AH–64 BLOCK II/WRA ........................................................................................................... 0 0 

012 KIOWA WARRIOR (OH–58F) WRA ..................................................................................... 0 0 

013 UH–60 BLACKHAWK M MODEL (MYP) ............................................................................ 1,107,087 1,107,087 

014 ADVANCE PROCUREMENT (CY) .................................................................................... 115,113 115,113

015 CH–47 HELICOPTER ............................................................................................................. 1,076,036 1,076,036 

016 ADVANCE PROCUREMENT (CY) .................................................................................... 83,346 83,346 

MODIFICATION OF AIRCRAFT 

017 C12 AIRCRAFT MODS ............................................................................................................ 0 0 

018 MQ–1 PAYLOAD—UAS .......................................................................................................... 231,508 231,508 

019 MQ–1 WEAPONIZATION—UAS ........................................................................................... 0 0 

020 GUARDRAIL MODS (MIP) .................................................................................................... 16,272 16,272 

021 MULTI SENSOR ABN RECON (MIP) .................................................................................. 4,294 4,294 

022 AH–64 MODS ............................................................................................................................ 178,805 178,805 

023 CH–47 CARGO HELICOPTER MODS (MYP) .................................................................... 39,135 39,135 

024 UTILITY/CARGO AIRPLANE MODS ................................................................................... 24,842 24,842

025 AIRCRAFT LONG RANGE MODS ........................................................................................ 0 0 

026 UTILITY HELICOPTER MODS ........................................................................................... 73,804 73,804 

027 KIOWA WARRIOR MODS ...................................................................................................... 192,484 192,484 

028 AIRBORNE AVIONICS ........................................................................................................... 0 0 

029 NETWORK AND MISSION PLAN ........................................................................................ 190,789 190,789 

030 COMMS, NAV SURVEILLANCE ............................................................................................ 133,191 89,191 

JTRS integration delayed ..................................................................................................... [–44,000] 

031 GATM ROLLUP ....................................................................................................................... 87,280 87,280 

032 RQ–7 UAV MODS ..................................................................................................................... 104,339 104,339 

SPARES AND REPAIR PARTS 

033 SPARE PARTS (AIR) ............................................................................................................. 0 0 

GROUND SUPPORT AVIONICS 

034 AIRCRAFT SURVIVABILITY EQUIPMENT ...................................................................... 34,037 34,037 

035 SURVIVABILITY CM .............................................................................................................. 0 0 

036 CMWS ......................................................................................................................................... 127,751 127,751 

OTHER SUPPORT 

037 AVIONICS SUPPORT EQUIPMENT .................................................................................... 4,886 4,886 

038 COMMON GROUND EQUIPMENT ....................................................................................... 82,511 82,511

039 AIRCREW INTEGRATED SYSTEMS .................................................................................. 77,381 77,381 

040 AIR TRAFFIC CONTROL ...................................................................................................... 47,235 47,235 

041 INDUSTRIAL FACILITIES ................................................................................................... 1,643 1,643 

042 LAUNCHER, 2.75 ROCKET ................................................................................................... 516 516 

TOTAL, AIRCRAFT PROCUREMENT, ARMY ..................................................... 5,853,729 5,809,729 

MISSILE PROCUREMENT, ARMY 

SURFACE-TO-AIR MISSILE SYSTEM 

001 PATRIOT SYSTEM SUMMARY ............................................................................................ 646,590 646,590 

002 MSE MISSILE .......................................................................................................................... 12,850 12,850 

003 SURFACE-LAUNCHED AMRAAM SYSTEM SUMMARY ................................................. 0 0 

004 HELLFIRE SYS SUMMARY ................................................................................................. 1,401 1,401 

005 JAVELIN (AAWS-M) SYSTEM SUMMARY ......................................................................... 81,121 81,121 

006 TOW 2 SYSTEM SUMMARY .................................................................................................. 64,712 64,712 

007 ADVANCE PROCUREMENT (CY) .................................................................................... 19,931 19,931 

008 GUIDED MLRS ROCKET (GMLRS) .................................................................................... 218,679 218,679 

009 MLRS REDUCED RANGE PRACTICE ROCKETS (RRPR) ............................................ 18,767 18,767 

010 HIGH MOBILITY ARTILLERY ROCKET SYSTEM ......................................................... 12,051 12,051 

011 PATRIOT MODS ...................................................................................................................... 199,565 199,565 

012 ITAS/TOW MODS .................................................................................................................... 0 0 

013 MLRS MODS ............................................................................................................................. 2,466 2,466 

014 HIMARS MODIFICATIONS ................................................................................................... 6,068 6,068 

015 HELLFIRE MODIFICATIONS .............................................................................................. 0 0 

016 SPARES AND REPAIR PARTS ............................................................................................ 7,864 7,864 

017 AIR DEFENSE TARGETS ..................................................................................................... 3,864 3,864 


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Line Item FY 2013 

Request 

Senate 

Authorized 

018 ITEMS LESS THAN $5 MILLION (MISSILES) ................................................................ 1,560 1,560 

019 PRODUCTION BASE SUPPORT .......................................................................................... 5,200 5,200 

TOTAL, MISSILE PROCUREMENT, ARMY .......................................................... 1,302,689 1,302,689 

PROCUREMENT OF W&TCV, ARMY 

TRACKED COMBAT VEHICLES 

001 STRYKER VEHICLE .............................................................................................................. 286,818 286,818 

002 FCS SPIN OUTS ...................................................................................................................... 0 0 

MODIFICATION OF TRACKED COMBAT VEHICLES 

003 STRYKER (MOD) .................................................................................................................... 60,881 60,881 

004 FIST VEHICLE (MOD) ........................................................................................................... 57,257 57,257 

005 BRADLEY PROGRAM (MOD) ............................................................................................... 148,193 148,193 

006 HOWITZER, MED SP FT 155MM M109A6 (MOD) ........................................................... 10,341 10,341 

007 PALADIN PIM MOD IN SERVICE ....................................................................................... 206,101 206,101 

008 IMPROVED RECOVERY VEHICLE (M88A2 HERCULES) ............................................. 107,909 230,909 

Increased production ............................................................................................................. [123,000] 

009 ASSAULT BREACHER VEHICLE ....................................................................................... 50,039 50,039 

010 M88 FOV MODS ....................................................................................................................... 29,930 29,930 

011 M1 ABRAMS TANK (MOD) .................................................................................................... 129,090 129,090 

012 ABRAMS UPGRADE PROGRAM .......................................................................................... 74,433 74,433 

012A ADVANCE PROCUREMENT (CY) .................................................................................... 91,000 

Advanced procurement Abrams upgrade program .............................................................. [91,000] 

SUPPORT EQUIPMENT & FACILITIES 

013 PRODUCTION BASE SUPPORT (TCV-WTCV) .................................................................. 1,145 1,145 

WEAPONS & OTHER COMBAT VEHICLES 

014 INTEGRATED AIR BURST WEAPON SYSTEM FAMILY .............................................. 506 506 

015 M240 MEDIUM MACHINE GUN (7.62MM) ......................................................................... 0 0 

016 MACHINE GUN, CAL .50 M2 ROLL .................................................................................... 0 0 

017 LIGHTWEIGHT .50 CALIBER MACHINE GUN ............................................................... 25,183 0 

Program termination ............................................................................................................ [–25,183] 

018 MK–19 GRENADE MACHINE GUN (40MM) ...................................................................... 0 0 

019 MORTAR SYSTEMS ................................................................................................................ 8,104 8,104 

020 M107, CAL. 50, SNIPER RIFLE ........................................................................................... 0 0 

021 XM320 GRENADE LAUNCHER MODULE (GLM) ............................................................ 14,096 14,096 

022 M110 SEMI-AUTOMATIC SNIPER SYSTEM (SASS) ....................................................... 0 0 

023 M4 CARBINE ............................................................................................................................ 0 0 

024 CARBINE ................................................................................................................................... 21,272 21,272 

025 SHOTGUN, MODULAR ACCESSORY SYSTEM (MASS) ................................................. 6,598 6,598 

026 COMMON REMOTELY OPERATED WEAPONS STATION ............................................. 56,725 56,725 

027 HOWITZER LT WT 155MM (T) ............................................................................................ 13,827 13,827 

MOD OF WEAPONS AND OTHER COMBAT VEH 

028 MK–19 GRENADE MACHINE GUN MODS ........................................................................ 0 0 

029 M777 MODS .............................................................................................................................. 26,843 26,843 

030 M4 CARBINE MODS ............................................................................................................... 27,243 27,243 

031 M2 50 CAL MACHINE GUN MODS ...................................................................................... 39,974 39,974 

032 M249 SAW MACHINE GUN MODS ...................................................................................... 4,996 4,996 

033 M240 MEDIUM MACHINE GUN MODS .............................................................................. 6,806 6,806 

034 SNIPER RIFLES MODIFICATIONS .................................................................................... 14,113 14,113 

035 M119 MODIFICATIONS .......................................................................................................... 20,727 20,727 

036 M16 RIFLE MODS ................................................................................................................... 3,306 3,306 

037 MODIFICATIONS LESS THAN $5.0M (WOCV-WTCV) ..................................................... 3,072 3,072 

SUPPORT EQUIPMENT & FACILITIES 

038 ITEMS LESS THAN $5 MILLION (WOCV-WTCV) ............................................................ 2,026 2,026 

039 PRODUCTION BASE SUPPORT (WOCV-WTCV) .............................................................. 10,115 10,115 

040 INDUSTRIAL PREPAREDNESS .......................................................................................... 442 442 

SUPPORT EQUIPMENT & FACILITIES 

041 SMALL ARMS EQUIPMENT (SOLDIER ENH PROG) .................................................... 2,378 2,378 

SPARES 

042 SPARES AND REPAIR PARTS (WTCV) ............................................................................. 31,217 31,217 

TOTAL, PROCUREMENT OF W&TCV, ARMY .................................................... 1,501,706 1,690,523 

PROCUREMENT OF AMMUNITION, ARMY 

SMALL/MEDIUM CAL AMMUNITION 

001 CTG, 5.56MM, ALL TYPES .................................................................................................... 158,313 158,313 

002 CTG, 7.62MM, ALL TYPES .................................................................................................... 91,438 91,438 

003 CTG, HANDGUN, ALL TYPES .............................................................................................. 8,954 8,954 

004 CTG, .50 CAL, ALL TYPES .................................................................................................... 109,604 109,604 

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 35,154 

Decrease for excess ................................................................................................................. [–37,000] 

008 CTG, 40MM, ALL TYPES ....................................................................................................... 60,138 0 

Decrease for excess ................................................................................................................. [–60,138] 

MORTAR AMMUNITION 

009 60MM MORTAR, ALL TYPES ............................................................................................... 44,375 44,375 

010 81MM MORTAR, ALL TYPES ............................................................................................... 27,471 27,471 

011 120MM MORTAR, ALL TYPES ............................................................................................. 87,811 87,811 

TANK AMMUNITION 


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Line Item FY 2013 

Request 

Senate 

Authorized 

012 CARTRIDGES, TANK, 105MM AND 120MM, ALL TYPES .............................................. 112,380 112,380 

ARTILLERY AMMUNITION 

013 ARTILLERY CARTRIDGES, 75MM AND 105MM, ALL TYP .......................................... 50,861 50,861 

014 ARTILLERY PROJECTILE, 155MM, ALL TYPES ............................................................ 26,227 26,227 

015 PROJ 155MM EXTENDED RANGE XM982 ........................................................................ 110,329 55,329 

Excalibur I-b round schedule delay ..................................................................................... [–55,000] 

016 ARTILLERY PROPELLANTS, FUZES AND PRIMERS, ALL ....................................... 43,924 43,924 

MINES 

017 MINES & CLEARING CHARGES, ALL TYPES ................................................................ 3,775 3,775 

NETWORKED MUNITIONS 

018 SPIDER NETWORK MUNITIONS, ALL TYPES ............................................................... 17,408 3,108 

Program decrease ................................................................................................................... [–14,300] 

ROCKETS 

019 SHOULDER LAUNCHED MUNITIONS, ALL TYPES ..................................................... 1,005 1,005 

020 ROCKET, HYDRA 70, ALL TYPES ...................................................................................... 123,433 123,433 

OTHER AMMUNITION 

021 DEMOLITION MUNITIONS, ALL TYPES .......................................................................... 35,189 35,189 

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 TYPES ................................................................................... 19,383 19,383 

026 NON-LETHAL AMMUNITION, ALL TYPES ...................................................................... 7,336 7,336 

027 CAD/PAD ALL TYPES ............................................................................................................ 6,641 6,641 

028 ITEMS LESS THAN $5 MILLION ....................................................................................... 15,092 15,092 

029 AMMUNITION PECULIAR EQUIPMENT ........................................................................... 15,692 15,692 

030 FIRST DESTINATION TRANSPORTATION (AMMO) ...................................................... 14,107 14,107 

031 CLOSEOUT LIABILITIES ..................................................................................................... 106 106 

PRODUCTION BASE SUPPORT 

032 PROVISION OF INDUSTRIAL FACILITIES ..................................................................... 220,171 220,171 

033 CONVENTIONAL MUNITIONS DEMILITARIZATION, ALL .......................................... 182,461 182,461 

034 ARMS INITIATIVE .................................................................................................................. 3,377 3,377 

TOTAL, PROCUREMENT OF AMMUNITION, ARMY ...................................... 1,739,706 1,573,268 

OTHER PROCUREMENT, ARMY 

TACTICAL VEHICLES 

001 SEMITRAILERS, FLATBED ................................................................................................. 7,097 7,097 

002 FAMILY OF MEDIUM TACTICAL VEH (FMTV) .............................................................. 346,115 396,115 

Program increase for USAR ................................................................................................. [50,000] 

003 FIRETRUCKS & ASSOCIATED FIREFIGHTING EQUIP .............................................. 19,292 19,292 

004 FAMILY OF HEAVY TACTICAL VEHICLES (FHTV) ...................................................... 52,933 52,933 

005 PLS ESP .................................................................................................................................... 18,035 18,035 

006 ARMORED SECURITY VEHICLES (ASV) ......................................................................... 0 0 

007 MINE PROTECTION VEHICLE FAMILY ........................................................................... 0 0 

008 FAMILY OF MINE RESISTANT AMBUSH PROTEC (MRAP) ....................................... 0 0 

009 TRUCK, TRACTOR, LINE HAUL, M915/M916 .................................................................. 3,619 3,619 

010 HVY EXPANDED MOBILE TACTICAL TRUCK EXT SERV .......................................... 26,859 26,859 

011 HMMWV RECAPITALIZATION PROGRAM ....................................................................... 0 0 

012 TACTICAL WHEELED VEHICLE PROTECTION KITS ................................................. 69,163 69,163 

013 MODIFICATION OF IN SVC EQUIP ................................................................................... 91,754 91,754 

014 MINE-RESISTANT AMBUSH-PROTECTED (MRAP) MODS ......................................... 0 0 

015 TOWING DEVICE-FIFTH WHEEL ...................................................................................... 0 0 

016 AMC CRITICAL ITEMS, OPA1 ............................................................................................. 0 0 

NON-TACTICAL VEHICLES 

017 HEAVY ARMORED SEDAN .................................................................................................. 0 0 

018 PASSENGER CARRYING VEHICLES ................................................................................. 2,548 2,548 

019 NONTACTICAL VEHICLES, OTHER .................................................................................. 16,791 16,791 

COMM—JOINT COMMUNICATIONS 

020 JOINT COMBAT IDENTIFICATION MARKING SYSTEM .............................................. 10,061 10,061 

021 WIN-T—GROUND FORCES TACTICAL NETWORK ........................................................ 892,635 892,635 

022 SIGNAL MODERNIZATION PROGRAM ............................................................................. 45,626 45,626 

023 JCSE EQUIPMENT (USREDCOM) ...................................................................................... 5,143 5,143 

COMM—SATELLITE COMMUNICATIONS 

024 DEFENSE ENTERPRISE WIDEBAND SATCOM SYSTEMS ......................................... 151,636 151,636 

025 TRANSPORTABLE TACTICAL COMMAND COMMUNICATIONS ................................. 6,822 6,822 

026 SHF TERM ............................................................................................................................... 9,108 9,108 

027 SAT TERM, EMUT (SPACE) ................................................................................................. 0 0 

028 NAVSTAR GLOBAL POSITIONING SYSTEM (SPACE) .................................................. 27,353 27,353 

029 SMART-T (SPACE) .................................................................................................................. 98,656 98,656 

030 SCAMP (SPACE) ...................................................................................................................... 0 0 

031 GLOBAL BRDCST SVC—GBS .............................................................................................. 47,131 47,131 

032 MOD OF IN-SVC EQUIP (TAC SAT) ................................................................................... 23,281 23,281 

COMM—COMBAT SUPPORT COMM 

033 MOD-IN-SERVICE PROFILER ............................................................................................. 0 0 

COMM—C3 SYSTEM 

034 ARMY GLOBAL CMD & CONTROL SYS (AGCCS) ........................................................... 10,848 10,848 

COMM—COMBAT COMMUNICATIONS 

035 ARMY DATA DISTRIBUTION SYSTEM (DATA RADIO) ................................................ 979 979 


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Line Item FY 2013 

Request 

Senate 

Authorized 

036 JOINT TACTICAL RADIO SYSTEM .................................................................................... 556,250 526,250 

AMF integration ahead of need ............................................................................................ [–30,000] 

037 MID-TIER NETWORKING VEHICULAR RADIO (MNVR) .............................................. 86,219 86,219 

038 RADIO TERMINAL SET, MIDS LVT(2) ............................................................................. 7,798 7,798 

039 SINCGARS FAMILY ................................................................................................................ 9,001 9,001 

040 AMC CRITICAL ITEMS—OPA2 ........................................................................................... 24,601 24,601 

041 TRACTOR DESK ..................................................................................................................... 7,779 7,779 

042 CMMS-ELEC EQUIP FIELDING .......................................................................................... 0 0 

043 SPIDER APLA REMOTE CONTROL UNIT ....................................................................... 34,365 13,365 

Funding ahead of need .......................................................................................................... [–21,000] 

044 SOLDIER ENHANCEMENT PROGRAM COMM/ELECTRONICS .................................. 1,833 1,833 

045 TACTICAL COMMUNICATIONS AND PROTECTIVE SYSTEM ..................................... 12,984 12,984 

046 COMBAT SURVIVOR EVADER LOCATOR (CSEL) .......................................................... 0 0 

047 GUNSHOT DETECTION SYSTEM (GDS) .......................................................................... 2,332 2,332 

048 RADIO, IMPROVED HF (COTS) FAMILY .......................................................................... 1,132 1,132 

049 MEDICAL COMM FOR CBT CASUALTY CARE (MC4) .................................................... 22,899 22,899 

COMM—INTELLIGENCE COMM 

051 CI AUTOMATION ARCHITECTURE ................................................................................... 1,564 1,564 

052 RESERVE CA/MISO GPF EQUIPMENT ............................................................................. 28,781 28,781 

INFORMATION SECURITY 

053 TSEC—ARMY KEY MGT SYS (AKMS) ............................................................................... 23,432 23,432 

054 INFORMATION SYSTEM SECURITY PROGRAM-ISSP .................................................. 43,897 43,897 

055 BIOMETRICS ENTERPRISE ................................................................................................ 0 0 

COMM—LONG HAUL COMMUNICATIONS 

056 TERRESTRIAL TRANSMISSION ........................................................................................ 2,891 2,891

057 BASE SUPPORT COMMUNICATIONS ................................................................................ 13,872 13,872 

058 WW TECH CON IMP PROG (WWTCIP) .............................................................................. 9,595 9,595 

COMM—BASE COMMUNICATIONS 

059 INFORMATION SYSTEMS .................................................................................................... 142,133 142,133 

060 DEFENSE MESSAGE SYSTEM (DMS) .............................................................................. 0 0 

061 INSTALLATION INFO INFRASTRUCTURE MOD PROGRAM ...................................... 57,727 57,727 

062 PENTAGON INFORMATION MGT AND TELECOM ......................................................... 5,000 5,000 

ELECT EQUIP—TACT INT REL ACT (TIARA) 

065 JTT/CIBS-M .............................................................................................................................. 1,641 1,641 

066 PROPHET GROUND .............................................................................................................. 48,797 48,797 

067 DIGITAL TOPOGRAPHIC SPT SYS (DTSS) ..................................................................... 0 0 

068 DRUG INTERDICTION PROGRAM (DIP) (TIARA) ......................................................... 0 0 

069 DCGS-A (MIP) .......................................................................................................................... 184,007 184,007 

070 JOINT TACTICAL GROUND STATION (JTAGS) ............................................................. 2,680 2,680 

071 TROJAN (MIP) ......................................................................................................................... 21,483 21,483 

072 MOD OF IN-SVC EQUIP (INTEL SPT) (MIP) ................................................................... 2,412 2,412 

073 CI HUMINT AUTO REPRINTING AND COLLECTION ................................................... 7,077 7,077 

074 ITEMS LESS THAN $5 MILLION (MIP) ............................................................................ 0 0 

ELECT EQUIP—ELECTRONIC WARFARE (EW) 

075 LIGHTWEIGHT COUNTER MORTAR RADAR ................................................................. 72,594 72,594 

076 CREW ......................................................................................................................................... 15,446 15,446 

077 FMLY OF PERSISTENT SURVEILLANCE CAPABILITIES .......................................... 0 0 

078 COUNTERINTELLIGENCE/SECURITY COUNTERMEASURES .................................. 1,470 1,470 

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 WALL (STTW) ........................................................................... 6,212 0 

Slow execution of prior years appropriations ..................................................................... [–6,212] 

083 NIGHT VISION DEVICES ..................................................................................................... 166,516 166,516 

084 LONG RANGE ADVANCED SCOUT SURVEILLANCE SYSTEM ................................... 0 0 

085 NIGHT VISION, THERMAL WPN SIGHT .......................................................................... 82,162 82,162 

086 SMALL TACTICAL OPTICAL RIFLE MOUNTED MLRF ............................................... 20,717 20,717 

087 COUNTER-ROCKET, ARTILLERY & MORTAR (C-RAM) ............................................... 0 0 

088 BASE EXPEDITIARY TARGETING AND SURV SYS ...................................................... 0 0 

089 GREEN LASER INTERDICTION SYSTEM (GLIS) .......................................................... 1,014 1,014 

090 INDIRECT FIRE PROTECTION FAMILY OF SYSTEMS ............................................... 29,881 29,881 

091 PROFILER ................................................................................................................................ 12,482 12,482 

092 MOD OF IN-SVC EQUIP (FIREFINDER RADARS) ......................................................... 3,075 3,075 

093 FORCE XXI BATTLE CMD BRIGADE & BELOW (FBCB2) .......................................... 0 0 

094 JOINT BATTLE COMMAND—PLATFORM (JBC-P) ........................................................ 141,385 141,385 

095 LIGHTWEIGHT LASER DESIGNATOR/RANGEFINDER .............................................. 0 0 

096 MOD OF IN-SVC EQUIP (LLDR) ......................................................................................... 22,403 22,403 

097 COMPUTER BALLISTICS: LHMBC XM32 ......................................................................... 0 0 

098 MORTAR FIRE CONTROL SYSTEM ................................................................................... 29,505 29,505 

099 COUNTERFIRE RADARS ...................................................................................................... 244,409 244,409 

100 ENHANCED SENSOR & MONITORING SYSTEM (WMD) .............................................. 2,426 2,426 

ELECT EQUIP—TACTICAL C2 SYSTEMS 

101 TACTICAL OPERATIONS CENTERS ................................................................................. 30,196 30,196 

102 FIRE SUPPORT C2 FAMILY ................................................................................................ 58,903 58,903 

103 BATTLE COMMAND SUSTAINMENT SUPPORT SYSTEM ........................................... 8,111 8,111 

104 FAAD C2 .................................................................................................................................... 5,031 5,031 

105 AIR & MSL DEFENSE PLANNING & CONTROL SYS .................................................... 64,144 64,144 


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Line Item FY 2013 

Request 

Senate 

Authorized 

106 KNIGHT FAMILY .................................................................................................................... 11,999 11,999 

107 LIFE CYCLE SOFTWARE SUPPORT (LCSS) ................................................................... 1,853 1,853 

108 AUTOMATIC IDENTIFICATION TECHNOLOGY ............................................................. 14,377 14,377 

109 TC AIMS II ............................................................................................................................... 0 0 

110 TACTICAL INTERNET MANAGER ...................................................................................... 0 0 

111 NETWORK MANAGEMENT INITIALIZATION AND SERVICE .................................... 59,821 59,821 

112 MANEUVER CONTROL SYSTEM (MCS) ............................................................................ 51,228 51,228 

113 SINGLE ARMY LOGISTICS ENTERPRISE (SALE) ........................................................ 176,901 176,901 

114 RECONNAISSANCE AND SURVEYING INSTRUMENT SET ......................................... 15,209 15,209 

ELECT EQUIP—AUTOMATION 

115 ARMY TRAINING MODERNIZATION ................................................................................. 8,866 8,866 

116 AUTOMATED DATA PROCESSING EQUIP ...................................................................... 129,438 129,438 

117 GENERAL FUND ENTERPRISE BUSINESS SYS FAM ................................................. 9,184 9,184 

118 CSS COMMUNICATIONS ....................................................................................................... 20,639 20,639 

119 RESERVE COMPONENT AUTOMATION SYS (RCAS) .................................................... 35,493 35,493 

ELECT EQUIP—AUDIO VISUAL SYS (A/V) 

120 ITEMS LESS THAN $5 MILLION (A/V) ............................................................................. 8,467 8,467 

121 ITEMS LESS THAN $5 MILLION ....................................................................................... 5,309 5,309 

ELECT EQUIP—SUPPORT 

122 PRODUCTION BASE SUPPORT (C-E) ............................................................................... 586 586 

123 BCT NETWORK ....................................................................................................................... 0 0 

124 DEFENSE RAPID INNOVATION PROGRAM .................................................................... 0 0 

CLASSIFIED PROGRAMS 

124A CLASSIFIED PROGRAMS ..................................................................................................... 3,435 3,435 

CHEMICAL DEFENSIVE EQUIPMENT 

125 PROTECTIVE SYSTEMS ....................................................................................................... 0 0 

126 FAMILY OF NON-LETHAL EQUIPMENT (FNLE) ........................................................... 3,960 3,960 

127 BASE DEFENSE SYSTEMS (BDS) ..................................................................................... 4,374 4,374 

128 CBRN SOLDIER PROTECTION ........................................................................................... 9,259 9,259 

129 SMOKE & OBSCURANT FAMILY: SOF (NON AAO ITEM) ............................................ 0 0 

BRIDGING EQUIPMENT 

130 TACTICAL BRIDGING ........................................................................................................... 35,499 35,499 

131 TACTICAL BRIDGE, FLOAT-RIBBON ............................................................................... 32,893 32,893 

ENGINEER (NON-CONSTRUCTION) EQUIPMENT 

132 HANDHELD STANDOFF MINEFIELD DETECTION SYS-HST ................................... 0 0 

133 GRND STANDOFF MINE DETECTN SYSM (GSTAMIDS) ............................................. 0 0 

134 ROBOTIC COMBAT SUPPORT SYSTEM (RCSS) ............................................................. 29,106 29,106 

135 EXPLOSIVE ORDNANCE DISPOSAL EQPMT (EOD EQPMT) ..................................... 25,459 25,459 

136 REMOTE DEMOLITION SYSTEMS .................................................................................... 8,044 8,044 

137 <$5M, COUNTERMINE EQUIPMENT ................................................................................ 3,698 3,698 

COMBAT SERVICE SUPPORT EQUIPMENT 

138 HEATERS AND ECU’S .......................................................................................................... 12,210 12,210 

139 SOLDIER ENHANCEMENT .................................................................................................. 6,522 6,522 

140 PERSONNEL RECOVERY SUPPORT SYSTEM (PRSS) ................................................. 11,222 11,222 

141 GROUND SOLDIER SYSTEM ............................................................................................... 103,317 103,317 

142 MOUNTED SOLDIER SYSTEM ............................................................................................ 0 0 

143 FORCE PROVIDER ................................................................................................................. 0 0 

144 FIELD FEEDING EQUIPMENT ........................................................................................... 27,417 27,417 

145 CARGO AERIAL DEL & PERSONNEL PARACHUTE SYSTEM ................................... 52,065 52,065 

146 MORTUARY AFFAIRS SYSTEMS ........................................................................................ 2,358 2,358

147 FAMILY OF ENGR COMBAT AND CONSTRUCTION SETS .......................................... 31,573 31,573 

148 ITEMS LESS THAN $5 MILLION ....................................................................................... 14,093 14,093 

PETROLEUM EQUIPMENT 

149 DISTRIBUTION SYSTEMS, PETROLEUM & WATER ................................................... 36,266 36,266 

MEDICAL EQUIPMENT 

150 COMBAT SUPPORT MEDICAL ............................................................................................ 34,101 34,101 

151 MEDEVAC MISSON EQUIPMENT PACKAGE (MEP) ..................................................... 20,540 20,540 

MAINTENANCE EQUIPMENT 

152 MOBILE MAINTENANCE EQUIPMENT SYSTEMS ......................................................... 2,495 2,495 

153 ITEMS LESS THAN $5 MILLION (MAINT EQ) ............................................................... 0 0 

CONSTRUCTION EQUIPMENT 

154 GRADER, ROAD MTZD, HVY, 6X4 (CCE) ......................................................................... 2,028 2,028 

155 SKID STEER LOADER (SSL) FAMILY OF SYSTEM ..................................................... 0 0 

156 SCRAPERS, EARTHMOVING ............................................................................................... 6,146 6,146 

157 MISSION MODULES—ENGINEERING .............................................................................. 31,200 31,200 

158 COMPACTOR ............................................................................................................................ 0 0 

159 LOADERS ................................................................................................................................. 0 0 

160 HYDRAULIC EXCAVATOR ................................................................................................... 0 0 

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 ENGINEER EXCAVATOR (HMEE) .................................................... 30,042 30,042 

165 ENHANCED RAPID AIRFIELD CONSTRUCTION CAPA ............................................... 13,725 13,725 

166 CONST EQUIP ESP ................................................................................................................ 13,351 13,351 

167 ITEMS LESS THAN $5 MILLION (CONST EQUIP) ........................................................ 9,134 9,134 

RAIL FLOAT CONTAINERIZATION EQUIPMENT 

168 JOINT HIGH SPEED VESSEL (JHSV) .............................................................................. 0 0 

169 HARBORMASTER COMMAND AND CONTROL CENTER .............................................. 0 0 


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Request 

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Authorized 

170 ITEMS LESS THAN $5 MILLION (FLOAT/RAIL) ........................................................... 10,552 10,552 

GENERATORS 

171 GENERATORS AND ASSOCIATED EQUIP ...................................................................... 60,302 60,302 

MATERIAL HANDLING EQUIPMENT 

172 ROUGH TERRAIN CONTAINER HANDLER (RTCH) ..................................................... 0 0 

173 FAMILY OF FORKLIFTS ...................................................................................................... 5,895 5,895 

174 ALL TERRAIN LIFTING ARMY SYSTEM ......................................................................... 0 0 

TRAINING EQUIPMENT 

175 COMBAT TRAINING CENTERS SUPPORT ....................................................................... 104,649 104,649 

176 TRAINING DEVICES, NONSYSTEM ................................................................................... 125,251 125,251 

177 CLOSE COMBAT TACTICAL TRAINER ............................................................................. 19,984 19,984 

178 AVIATION COMBINED ARMS TACTICAL TRAINER ...................................................... 10,977 10,977 

179 GAMING TECHNOLOGY IN SUPPORT OF ARMY TRAINING ...................................... 4,056 4,056 

TEST MEASURE AND DIG EQUIPMENT (TMD) 

180 CALIBRATION SETS EQUIPMENT .................................................................................... 10,494 10,494

181 INTEGRATED FAMILY OF TEST EQUIPMENT (IFTE) ................................................ 45,508 45,508 

182 TEST EQUIPMENT MODERNIZATION (TEMOD) .......................................................... 24,334 24,334 

OTHER SUPPORT EQUIPMENT 

183 RAPID EQUIPPING SOLDIER SUPPORT EQUIPMENT ............................................... 5,078 5,078 

184 PHYSICAL SECURITY SYSTEMS (OPA3) ......................................................................... 46,301 46,301 

185 BASE LEVEL COMMON EQUIPMENT ............................................................................... 1,373 1,373 

186 MODIFICATION OF IN-SVC EQUIPMENT (OPA–3) ........................................................ 59,141 59,141 

187 PRODUCTION BASE SUPPORT (OTH) ............................................................................. 2,446 2,446 

188 SPECIAL EQUIPMENT FOR USER TESTING ................................................................. 12,920 12,920 

189 AMC CRITICAL ITEMS OPA3 .............................................................................................. 19,180 19,180 

190 TRACTOR YARD ...................................................................................................................... 7,368 7,368 

191 UNMANNED GROUND VEHICLE ........................................................................................ 83,937 71,937 

Transfer to PE 0604641A at Army request ........................................................................ [–12,000] 

192 TRAINING LOGISTICS MANAGEMENT ............................................................................ 0 0 

OPA2 

193 INITIAL SPARES—C&E ........................................................................................................ 64,507 64,507 

TOTAL, OTHER PROCUREMENT, ARMY ............................................................. 6,326,245 6,307,033 

JOINT IMPR EXPLOSIVE DEV DEFEAT FUND 

NETWORK ATTACK 

001 ATTACK THE NETWORK ..................................................................................................... 0 0 

JIEDDO DEVICE DEFEAT 

002 DEFEAT THE DEVICE .......................................................................................................... 0 0 

FORCE TRAINING 

003 TRAIN THE FORCE ............................................................................................................... 0 0 

STAFF AND INFRASTRUCTURE 

004 OPERATIONS ........................................................................................................................... 227,414 0 

Transfer to OCO .................................................................................................................... [–227,414] 

TOTAL, JOINT IMPR EXPLOSIVE DEV DEFEAT FUND ............................. 227,414 0 

AIRCRAFT PROCUREMENT, NAVY 

COMBAT AIRCRAFT 

001 EA–18G ...................................................................................................................................... 1,027,443 1,027,443 

002 ADVANCE PROCUREMENT (CY) .................................................................................... 0 0 

003 F/A–18E/F (FIGHTER) HORNET ........................................................................................ 2,035,131 2,035,131 

004 ADVANCE PROCUREMENT (CY) .................................................................................... 30,296 90,296 

Retain option for additional FY 14 aircraft ...................................................................... [60,000] 

005 JOINT STRIKE FIGHTER CV .............................................................................................. 1,007,632 1,007,632 

006 ADVANCE PROCUREMENT (CY) .................................................................................... 65,180 65,180 

007 JSF STOVL ............................................................................................................................... 1,404,737 1,404,737 

008 ADVANCE PROCUREMENT (CY) .................................................................................... 106,199 106,199

009 V–22 (MEDIUM LIFT) ............................................................................................................ 1,303,120 1,303,120 

010 ADVANCE PROCUREMENT (CY) .................................................................................... 154,202 154,202

011 H–1 UPGRADES (UH–1Y/AH–1Z) ....................................................................................... 720,933 720,933 

012 ADVANCE PROCUREMENT (CY) .................................................................................... 69,658 69,658 

013 MH–60S (MYP) ......................................................................................................................... 384,792 384,792 

014 ADVANCE PROCUREMENT (CY) .................................................................................... 69,277 69,277 

015 MH–60R (MYP) ........................................................................................................................ 656,866 656,866 

016 ADVANCE PROCUREMENT (CY) .................................................................................... 185,896 185,896

017 P–8A POSEIDON ..................................................................................................................... 2,420,755 2,420,755 

018 ADVANCE PROCUREMENT (CY) .................................................................................... 325,679 325,679

019 E–2D ADV HAWKEYE ............................................................................................................ 861,498 861,498 

020 ADVANCE PROCUREMENT (CY) .................................................................................... 123,179 123,179

AIRLIFT AIRCRAFT 

021 C–40A ......................................................................................................................................... 0 0 

TRAINER AIRCRAFT 

022 JPATS ........................................................................................................................................ 278,884 278,884 

OTHER AIRCRAFT 

023 KC–130J ..................................................................................................................................... 3,000 3,000 

024 ADVANCE PROCUREMENT (CY) .................................................................................... 22,995 22,995 

025 ADVANCE PROCUREMENT (CY) .................................................................................... 51,124 51,124 

026 MQ–8 UAV ................................................................................................................................. 124,573 124,573 

027 STUASL0 UAV ......................................................................................................................... 9,593 9,593 


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Request 

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Authorized 

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 ........................................................................................................................... 647,306 647,306 

033 H–46 SERIES ........................................................................................................................... 2,343 2,343 

034 AH–1W SERIES ....................................................................................................................... 8,721 8,721 

035 H–53 SERIES ........................................................................................................................... 45,567 45,567 

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 SERIES ...................................................................................... 26,311 26,311 

046 E–6 SERIES ............................................................................................................................. 158,332 158,332 

047 EXECUTIVE HELICOPTERS SERIES ............................................................................... 58,163 58,163 

048 SPECIAL PROJECT AIRCRAFT .......................................................................................... 12,421 12,421 

049 T–45 SERIES ........................................................................................................................... 64,488 64,488 

050 POWER PLANT CHANGES ................................................................................................... 21,569 21,569 

051 JPATS SERIES ........................................................................................................................ 1,552 1,552 

052 AVIATION LIFE SUPPORT MODS ..................................................................................... 2,473 2,473 

053 COMMON ECM EQUIPMENT ............................................................................................... 114,690 114,690 

054 COMMON AVIONICS CHANGES .......................................................................................... 96,183 96,183 

055 COMMON DEFENSIVE WEAPON SYSTEM ....................................................................... 0 0 

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 ACFT) OSPREY ................................................................................... 95,856 95,856 

AIRCRAFT SPARES AND REPAIR PARTS 

061 SPARES AND REPAIR PARTS ............................................................................................ 1,166,430 1,166,430 

AIRCRAFT SUPPORT EQUIP & FACILITIES 

062 COMMON GROUND EQUIPMENT ....................................................................................... 387,195 387,195 

063 AIRCRAFT INDUSTRIAL FACILITIES ............................................................................. 23,469 23,469 

064 WAR CONSUMABLES ............................................................................................................ 43,383 43,383 

065 OTHER PRODUCTION CHARGES ...................................................................................... 3,399 3,399 

066 SPECIAL SUPPORT EQUIPMENT ..................................................................................... 32,274 32,274

067 FIRST DESTINATION TRANSPORTATION ...................................................................... 1,742 1,742 

068 CANCELLED ACCOUNT ADJUSTMENTS ......................................................................... 0 0 

TOTAL, AIRCRAFT PROCUREMENT, NAVY ...................................................... 17,129,296 17,189,296 

WEAPONS PROCUREMENT, NAVY 

MODIFICATION OF MISSILES 

001 TRIDENT II MODS ................................................................................................................. 1,224,683 1,224,683 

SUPPORT EQUIPMENT & FACILITIES 

002 MISSILE INDUSTRIAL FACILITIES ................................................................................. 5,553 5,553 

STRATEGIC MISSILES 

003 TOMAHAWK ............................................................................................................................. 308,970 308,970 

TACTICAL MISSILES 

004 AMRAAM ................................................................................................................................... 102,683 102,683 

005 SIDEWINDER .......................................................................................................................... 80,226 80,226 

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 

010 STAND OFF PRECISION GUIDED MUNITIONS (SOPGM) .......................................... 0 0 

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 

015 STANDARD MISSILES MODS ............................................................................................. 0 0 

SUPPORT EQUIPMENT & FACILITIES 

016 WEAPONS INDUSTRIAL FACILITIES .............................................................................. 2,014 2,014 

017 FLEET SATELLITE COMM FOLLOW-ON ......................................................................... 21,454 21,454 

ORDNANCE SUPPORT EQUIPMENT 

018 ORDNANCE SUPPORT EQUIPMENT ................................................................................. 54,945 54,945 

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 MODS ........................................................................................ 54,281 54,281 


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Line Item FY 2013 

Request 

Senate 

Authorized 

023 QUICKSTRIKE MINE ............................................................................................................. 6,852 6,852 

SUPPORT EQUIPMENT 

024 TORPEDO SUPPORT EQUIPMENT ................................................................................... 46,402 46,402 

025 ASW RANGE SUPPORT ......................................................................................................... 11,927 11,927 

DESTINATION TRANSPORTATION 

026 FIRST DESTINATION TRANSPORTATION ...................................................................... 3,614 3,614 

GUNS AND GUN MOUNTS 

027 SMALL ARMS AND WEAPONS ............................................................................................ 12,594 12,594 

MODIFICATION OF GUNS AND GUN MOUNTS 

028 CIWS MODS .............................................................................................................................. 59,303 67,003 

Buy additional ordnance alteration kits ............................................................................. [7,700] 

029 COAST GUARD WEAPONS ................................................................................................... 19,072 19,072 

030 GUN MOUNT MODS ............................................................................................................... 54,706 54,706 

031 CRUISER MODERNIZATION WEAPONS .......................................................................... 1,591 1,591 

032 AIRBORNE MINE NEUTRALIZATION SYSTEMS .......................................................... 20,607 20,607 

OTHER 

033 CANCELLED ACCOUNT ADJUSTMENTS ......................................................................... 0 0 

SPARES AND REPAIR PARTS 

034 SPARES AND REPAIR PARTS ............................................................................................ 60,150 60,150 

TOTAL, WEAPONS PROCUREMENT, NAVY ....................................................... 3,117,578 3,125,278 

PROCUREMENT OF AMMO, NAVY & MC 

NAVY AMMUNITION 

001 GENERAL PURPOSE BOMBS ............................................................................................. 27,024 27,024 

002 AIRBORNE ROCKETS, ALL TYPES ................................................................................... 56,575 56,575

003 MACHINE GUN AMMUNITION ............................................................................................ 21,266 21,266 

004 PRACTICE BOMBS ................................................................................................................. 34,319 34,319 

005 CARTRIDGES & CART ACTUATED DEVICES ................................................................ 53,755 53,755 

006 AIR EXPENDABLE COUNTERMEASURES ...................................................................... 61,693 61,693 

007 JATOS ........................................................................................................................................ 2,776 2,776 

008 LRLAP 6′′ LONG RANGE ATTACK PROJECTILE ........................................................... 7,102 7,102 

009 5 INCH/54 GUN AMMUNITION ............................................................................................ 48,320 48,320 

010 INTERMEDIATE CALIBER GUN AMMUNITION ............................................................ 25,544 25,544 

011 OTHER SHIP GUN AMMUNITION ..................................................................................... 41,624 41,624

012 SMALL ARMS & LANDING PARTY AMMO ....................................................................... 65,893 65,893 

013 PYROTECHNIC AND DEMOLITION ................................................................................... 11,176 11,176 

014 AMMUNITION LESS THAN $5 MILLION .......................................................................... 4,116 4,116 

MARINE CORPS AMMUNITION 

015 SMALL ARMS AMMUNITION ............................................................................................... 83,733 83,733 

016 LINEAR CHARGES, ALL TYPES ........................................................................................ 24,645 24,645 

017 40MM, ALL TYPES .................................................................................................................. 16,201 16,201 

018 60MM, ALL TYPES .................................................................................................................. 0 0 

019 81MM, ALL TYPES .................................................................................................................. 13,711 3,711 

Decrease for excess ................................................................................................................. [–10,000] 

020 120MM, ALL TYPES ................................................................................................................ 12,557 12,557 

021 CTG 25MM, ALL TYPES ........................................................................................................ 0 0 

022 GRENADES, ALL TYPES ...................................................................................................... 7,634 7,134 

Decrease for excess ................................................................................................................. [–500] 

023 ROCKETS, ALL TYPES ......................................................................................................... 27,528 27,528 

024 ARTILLERY, ALL TYPES ..................................................................................................... 93,065 93,065 

025 DEMOLITION MUNITIONS, ALL TYPES .......................................................................... 2,047 47 

Decrease for excess ................................................................................................................. [–2,000] 

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 MILLION ....................................................................................... 6,010 6,010 

PRIOR YEAR SAVINGS 

029B PRIOR YEAR SAVINGS ......................................................................................................... –88,300 

Ammunition change in requirements ................................................................................... [–88,300] 

TOTAL, PROCUREMENT OF AMMO, NAVY & MC .......................................... 759,539 658,739 

SHIPBUILDING & CONVERSION, NAVY 

OTHER WARSHIPS 

001 CARRIER REPLACEMENT PROGRAM .............................................................................. 608,195 608,195 

002 ADVANCE PROCUREMENT (CY) .................................................................................... 0 0 

003 VIRGINIA CLASS SUBMARINE ........................................................................................... 3,217,601 3,217,601 

004 ADVANCE PROCUREMENT (CY) .................................................................................... 874,878 1,652,557 

Advance procurement for 2nd SSN in FY 14 ..................................................................... [777,679] 

005 CVN REFUELING OVERHAULS ......................................................................................... 1,613,392 1,613,392 

006 ADVANCE PROCUREMENT (CY) .................................................................................... 70,010 70,010 

007 SSBN ERO ................................................................................................................................ 0 0 

008 DDG 1000 .................................................................................................................................. 669,222 669,222 

009 DDG–51 ...................................................................................................................................... 3,048,658 3,048,658 

010 ADVANCE PROCUREMENT (CY) .................................................................................... 466,283 466,283

011 LITTORAL COMBAT SHIP ................................................................................................... 1,784,959 1,784,959 

012 ADVANCE PROCUREMENT (CY) .................................................................................... 0 0 


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Line Item FY 2013 

Request 

Senate 

Authorized 

AMPHIBIOUS SHIPS 

013 LPD–17 ...................................................................................................................................... 0 0 

014 LHA REPLACEMENT ............................................................................................................ 0 0 

015 JOINT HIGH SPEED VESSEL ............................................................................................ 189,196 189,196 

AUXILIARIES, CRAFT AND PRIOR YR PROGRAM COST 

016 OCEANOGRAPHIC SHIPS .................................................................................................... 0 0 

017 ADVANCE PROCUREMENT (CY) .................................................................................... 307,300 307,300

018 OUTFITTING ............................................................................................................................ 309,648 309,648 

019 SERVICE CRAFT .................................................................................................................... 0 0 

020 LCAC SLEP .............................................................................................................................. 47,930 47,930 

021 COMPLETION OF PY SHIPBUILDING PROGRAMS ...................................................... 372,573 372,573 

TOTAL, SHIPBUILDING & CONVERSION, NAVY ........................................... 13,579,845 14,357,524 

OTHER PROCUREMENT, NAVY 

SHIP PROPULSION EQUIPMENT 

001 LM–2500 GAS TURBINE ........................................................................................................ 10,658 10,658 

002 ALLISON 501K GAS TURBINE ............................................................................................ 8,469 8,469 

NAVIGATION EQUIPMENT 

003 OTHER NAVIGATION EQUIPMENT ................................................................................... 23,392 23,392 

PERISCOPES 

004 SUB PERISCOPES & IMAGING EQUIP ............................................................................ 53,809 53,809 

OTHER SHIPBOARD EQUIPMENT 

005 DDG MOD ................................................................................................................................. 452,371 452,371 

006 FIREFIGHTING EQUIPMENT ............................................................................................. 16,958 16,958 

007 COMMAND AND CONTROL SWITCHBOARD ................................................................... 2,492 2,492 

008 POLLUTION CONTROL EQUIPMENT ............................................................................... 20,707 20,707 

009 SUBMARINE SUPPORT EQUIPMENT ............................................................................... 12,046 12,046 

010 VIRGINIA CLASS SUPPORT EQUIPMENT ...................................................................... 79,870 79,870 

011 LCS CLASS SUPPORT EQUIPMENT ................................................................................. 19,865 19,865 

012 SUBMARINE BATTERIES .................................................................................................... 41,522 41,522 

013 LPD CLASS SUPPORT EQUIPMENT ................................................................................. 30,543 30,543 

014 STRATEGIC PLATFORM SUPPORT EQUIP .................................................................... 16,257 16,257 

015 DSSP EQUIPMENT ................................................................................................................ 3,630 3,630 

016 CG MODERNIZATION ............................................................................................................ 101,000 101,000 

017 LCAC .......................................................................................................................................... 16,645 16,645 

018 UNDERWATER EOD PROGRAMS ...................................................................................... 35,446 35,446 

019 ITEMS LESS THAN $5 MILLION ....................................................................................... 65,998 65,998 

020 CHEMICAL WARFARE DETECTORS ................................................................................ 4,359 4,359 

021 SUBMARINE LIFE SUPPORT SYSTEM ............................................................................ 10,218 10,218 

REACTOR PLANT EQUIPMENT 

022 REACTOR POWER UNITS .................................................................................................... 286,859 286,859 

023 REACTOR COMPONENTS ..................................................................................................... 278,503 278,503 

OCEAN ENGINEERING 

024 DIVING AND SALVAGE EQUIPMENT ............................................................................... 8,998 8,998 

SMALL BOATS 

025 STANDARD BOATS ................................................................................................................ 30,131 30,131 

TRAINING EQUIPMENT 

026 OTHER SHIPS TRAINING EQUIPMENT .......................................................................... 29,772 29,772 

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 MODULES EQUIPMENT ......................................................... 31,319 31,319 

030 LCS MCM MISSION MODULES ........................................................................................... 38,392 38,392 

031 LCS SUW MISSION MODULES ........................................................................................... 32,897 32,897 

LOGISTIC SUPPORT 

032 LSD MIDLIFE .......................................................................................................................... 49,758 49,758 

SHIP RADARS 

033 RADAR SUPPORT .................................................................................................................. 0 0 

034 SPQ–9B RADAR ....................................................................................................................... 19,777 19,777 

035 AN/SQQ–89 SURF ASW COMBAT SYSTEM ...................................................................... 89,201 89,201 

036 SSN ACOUSTICS ..................................................................................................................... 190,874 190,874 

037 UNDERSEA WARFARE SUPPORT EQUIPMENT ........................................................... 17,035 17,035 

038 SONAR SWITCHES AND TRANSDUCERS ........................................................................ 13,410 13,410 

039 ELECTRONIC WARFARE MILDEC .................................................................................... 0 0 

ASW ELECTRONIC EQUIPMENT 

040 SUBMARINE ACOUSTIC WARFARE SYSTEM ................................................................ 21,489 21,489 

041 SSTD .......................................................................................................................................... 10,716 10,716 

042 FIXED SURVEILLANCE SYSTEM ...................................................................................... 98,896 98,896 

043 SURTASS .................................................................................................................................. 2,774 2,774 

044 MARITIME PATROL AND RECONNAISSANCE FORCE ................................................ 18,428 18,428 

ELECTRONIC WARFARE EQUIPMENT 

045 AN/SLQ–32 ................................................................................................................................ 92,270 92,270 

RECONNAISSANCE EQUIPMENT 

046 SHIPBOARD IW EXPLOIT ................................................................................................... 107,060 107,060 

047 AUTOMATED IDENTIFICATION SYSTEM (AIS) ............................................................ 914 914 

SUBMARINE SURVEILLANCE EQUIPMENT 

048 SUBMARINE SUPPORT EQUIPMENT PROG .................................................................. 34,050 34,050 


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Request 

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Authorized 

OTHER SHIP ELECTRONIC EQUIPMENT 

049 COOPERATIVE ENGAGEMENT CAPABILITY ................................................................. 27,881 27,881 

050 TRUSTED INFORMATION SYSTEM (TIS) ....................................................................... 448 448 

051 NAVAL TACTICAL COMMAND SUPPORT SYSTEM (NTCSS) ...................................... 35,732 35,732 

052 ATDLS ....................................................................................................................................... 0 0 

053 NAVY COMMAND AND CONTROL SYSTEM (NCCS) ....................................................... 9,533 9,533 

054 MINESWEEPING SYSTEM REPLACEMENT .................................................................... 60,111 60,111 

055 SHALLOW WATER MCM ....................................................................................................... 6,950 6,950 

056 NAVSTAR GPS RECEIVERS (SPACE) ............................................................................... 9,089 9,089 

057 AMERICAN FORCES RADIO AND TV SERVICE ............................................................. 7,768 7,768 

058 STRATEGIC PLATFORM SUPPORT EQUIP .................................................................... 3,614 3,614 

TRAINING EQUIPMENT 

059 OTHER TRAINING EQUIPMENT ........................................................................................ 42,911 42,911 

AVIATION ELECTRONIC EQUIPMENT 

060 MATCALS .................................................................................................................................. 5,861 5,861 

061 SHIPBOARD AIR TRAFFIC CONTROL ............................................................................. 8,362 8,362 

062 AUTOMATIC CARRIER LANDING SYSTEM ..................................................................... 15,685 15,685 

063 NATIONAL AIR SPACE SYSTEM ........................................................................................ 16,919 16,919 

064 FLEET AIR TRAFFIC CONTROL SYSTEMS .................................................................... 6,828 6,828 

065 LANDING SYSTEMS ............................................................................................................... 7,646 7,646 

066 ID SYSTEMS ............................................................................................................................ 35,474 35,474 

067 NAVAL MISSION PLANNING SYSTEMS ........................................................................... 9,958 9,958 

OTHER SHORE ELECTRONIC EQUIPMENT 

068 DEPLOYABLE JOINT COMMAND AND CONT ................................................................. 9,064 9,064 

069 MARITIME INTEGRATED BROADCAST SYSTEM ......................................................... 16,026 16,026 

070 TACTICAL/MOBILE C4I SYSTEMS .................................................................................... 11,886 11,886 

071 DCGS-N ...................................................................................................................................... 11,887 11,887 

072 CANES ....................................................................................................................................... 341,398 341,398 

073 RADIAC ..................................................................................................................................... 8,083 8,083 

074 CANES-INTELL ....................................................................................................................... 79,427 79,427 

075 GPETE ....................................................................................................................................... 6,083 6,083 

076 INTEG COMBAT SYSTEM TEST FACILITY ..................................................................... 4,495 4,495 

077 EMI CONTROL INSTRUMENTATION ................................................................................ 4,767 4,767 

078 ITEMS LESS THAN $5 MILLION ....................................................................................... 81,755 81,755 

SHIPBOARD COMMUNICATIONS 

079 SHIPBOARD TACTICAL COMMUNICATIONS .................................................................. 0 0 

080 SHIP COMMUNICATIONS AUTOMATION ......................................................................... 56,870 56,870 

081 MARITIME DOMAIN AWARENESS (MDA) ....................................................................... 1,063 1,063 

082 COMMUNICATIONS ITEMS UNDER $5M ......................................................................... 28,522 28,522 

083 SUBMARINE BROADCAST SUPPORT ............................................................................... 4,183 4,183 

084 SUBMARINE COMMUNICATION EQUIPMENT ............................................................... 69,025 69,025 

SATELLITE COMMUNICATIONS 

085 SATELLITE COMMUNICATIONS SYSTEMS .................................................................... 49,294 49,294 

086 NAVY MULTIBAND TERMINAL (NMT) ............................................................................. 184,825 184,825 

SHORE COMMUNICATIONS 

087 JCS COMMUNICATIONS EQUIPMENT .............................................................................. 2,180 2,180 

088 ELECTRICAL POWER SYSTEMS ....................................................................................... 1,354 1,354 

089 NAVAL SHORE COMMUNICATIONS .................................................................................. 0 0 

CRYPTOGRAPHIC EQUIPMENT 

090 INFO SYSTEMS SECURITY PROGRAM (ISSP) ............................................................... 144,104 144,104 

CRYPTOLOGIC EQUIPMENT 

091 CRYPTOLOGIC COMMUNICATIONS EQUIP .................................................................... 12,604 12,604 

OTHER ELECTRONIC SUPPORT 

092 COAST GUARD EQUIPMENT .............................................................................................. 6,680 6,680 

093 DEFENSE RAPID INNOVATION PROGRAM .................................................................... 0 0 

DRUG INTERDICTION SUPPORT 

094 OTHER DRUG INTERDICTION SUPPORT ...................................................................... 0 0 

SONOBUOYS 

095 SONOBUOYS—ALL TYPES .................................................................................................. 104,677 104,677 

AIRCRAFT SUPPORT EQUIPMENT 

096 WEAPONS RANGE SUPPORT EQUIPMENT .................................................................... 70,753 70,753 

097 EXPEDITIONARY AIRFIELDS ............................................................................................ 8,678 8,678 

098 AIRCRAFT REARMING EQUIPMENT ................................................................................ 11,349 11,349 

099 AIRCRAFT LAUNCH & RECOVERY EQUIPMENT ......................................................... 82,618 82,618 

100 METEOROLOGICAL EQUIPMENT ..................................................................................... 18,339 18,339 

101 DCRS/DPL ................................................................................................................................ 1,414 1,414 

102 AVIATION LIFE SUPPORT .................................................................................................. 40,475 40,475 

103 AIRBORNE MINE COUNTERMEASURES ......................................................................... 61,552 61,552 

104 LAMPS MK III SHIPBOARD EQUIPMENT ...................................................................... 18,771 18,771 

105 PORTABLE ELECTRONIC MAINTENANCE AIDS .......................................................... 7,954 7,954 

106 OTHER AVIATION SUPPORT EQUIPMENT .................................................................... 10,023 10,023 

107 AUTONOMIC LOGISTICS INFORMATION SYSTEM (ALIS) ......................................... 3,826 3,826 

SHIP GUN SYSTEM EQUIPMENT 

108 NAVAL FIRES CONTROL SYSTEM .................................................................................... 3,472 3,472 

109 GUN FIRE CONTROL EQUIPMENT ................................................................................... 4,528 4,528 

SHIP MISSILE SYSTEMS EQUIPMENT 

110 NATO SEASPARROW ............................................................................................................. 8,960 8,960 

111 RAM GMLS ............................................................................................................................... 1,185 1,185 


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Request 

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Authorized 

112 SHIP SELF DEFENSE SYSTEM ......................................................................................... 55,371 55,371 

113 AEGIS SUPPORT EQUIPMENT .......................................................................................... 81,614 81,614 

114 TOMAHAWK SUPPORT EQUIPMENT ............................................................................... 77,767 77,767 

115 VERTICAL LAUNCH SYSTEMS ........................................................................................... 754 754 

116 MARITIME INTEGRATED PLANNING SYSTEM—MIPS ............................................... 4,965 4,965 

FBM SUPPORT EQUIPMENT 

117 STRATEGIC MISSILE SYSTEMS EQUIP ......................................................................... 181,049 181,049 

118 SSN COMBAT CONTROL SYSTEMS ................................................................................... 71,316 71,316 

119 SUBMARINE ASW SUPPORT EQUIPMENT ..................................................................... 4,018 4,018 

120 SURFACE ASW SUPPORT EQUIPMENT .......................................................................... 6,465 6,465 

121 ASW RANGE SUPPORT EQUIPMENT ............................................................................... 47,930 47,930 

OTHER ORDNANCE SUPPORT EQUIPMENT 

122 EXPLOSIVE ORDNANCE DISPOSAL EQUIP ................................................................... 3,579 3,579 

123 ITEMS LESS THAN $5 MILLION ....................................................................................... 3,125 3,125 

OTHER EXPENDABLE ORDNANCE 

124 ANTI-SHIP MISSILE DECOY SYSTEM ............................................................................. 31,743 31,743 

125 SURFACE TRAINING DEVICE MODS ............................................................................... 34,174 34,174 

126 SUBMARINE TRAINING DEVICE MODS .......................................................................... 23,450 23,450 

CIVIL ENGINEERING SUPPORT EQUIPMENT 

127 PASSENGER CARRYING VEHICLES ................................................................................. 7,158 7,158 

128 GENERAL PURPOSE TRUCKS ........................................................................................... 3,325 3,325 

129 CONSTRUCTION & MAINTENANCE EQUIP .................................................................... 8,692 8,692 

130 FIRE FIGHTING EQUIPMENT ............................................................................................ 14,533 14,533 

131 TACTICAL VEHICLES ........................................................................................................... 15,330 15,330 

132 AMPHIBIOUS EQUIPMENT ................................................................................................. 10,803 10,803 

133 POLLUTION CONTROL EQUIPMENT ............................................................................... 7,265 7,265 

134 ITEMS UNDER $5 MILLION ................................................................................................ 15,252 15,252 

135 PHYSICAL SECURITY VEHICLES ..................................................................................... 1,161 1,161 

SUPPLY SUPPORT EQUIPMENT 

136 MATERIALS HANDLING EQUIPMENT ............................................................................. 15,204 15,204 

137 OTHER SUPPLY SUPPORT EQUIPMENT ....................................................................... 6,330 6,330 

138 FIRST DESTINATION TRANSPORTATION ...................................................................... 6,539 6,539 

139 SPECIAL PURPOSE SUPPLY SYSTEMS .......................................................................... 34,804 34,804 

TRAINING DEVICES 

140 TRAINING SUPPORT EQUIPMENT ................................................................................... 25,444 25,444 

COMMAND SUPPORT EQUIPMENT 

141 COMMAND SUPPORT EQUIPMENT .................................................................................. 43,165 43,165 

142 EDUCATION SUPPORT EQUIPMENT ............................................................................... 2,251 2,251 

143 MEDICAL SUPPORT EQUIPMENT .................................................................................... 3,148 3,148 

146 NAVAL MIP SUPPORT EQUIPMENT ................................................................................. 3,502 3,502 

148 OPERATING FORCES SUPPORT EQUIPMENT .............................................................. 15,696 15,696 

149 C4ISR EQUIPMENT ............................................................................................................... 4,344 4,344 

150 ENVIRONMENTAL SUPPORT EQUIPMENT .................................................................... 19,492 19,492 

151 PHYSICAL SECURITY EQUIPMENT ................................................................................. 177,149 177,149

152 ENTERPRISE INFORMATION TECHNOLOGY ................................................................ 183,995 183,995 

CLASSIFIED PROGRAMS 

152A CLASSIFIED PROGRAMS ..................................................................................................... 13,063 13,063 

SPARES AND REPAIR PARTS 

153 SPARES AND REPAIR PARTS ............................................................................................ 250,718 250,718 

TOTAL, OTHER PROCUREMENT, NAVY ............................................................. 6,169,378 6,169,378 

PROCUREMENT, MARINE CORPS 

TRACKED COMBAT VEHICLES 

001 AAV7A1 PIP .............................................................................................................................. 16,089 16,089 

002 LAV PIP ..................................................................................................................................... 186,216 46,216 

LAV procurement acquisition objective change ................................................................... [–140,000] 

ARTILLERY AND OTHER WEAPONS 

003 EXPEDITIONARY FIRE SUPPORT SYSTEM ................................................................... 2,502 2,502 

004 155MM LIGHTWEIGHT TOWED HOWITZER .................................................................. 17,913 17,913 

005 HIGH MOBILITY ARTILLERY ROCKET SYSTEM ......................................................... 47,999 47,999 

006 WEAPONS AND COMBAT VEHICLES UNDER $5 MILLION ........................................ 17,706 17,706 

OTHER SUPPORT 

007 MODIFICATION KITS ............................................................................................................ 48,040 48,040 

008 WEAPONS ENHANCEMENT PROGRAM ........................................................................... 4,537 4,537 

GUIDED MISSILES 

009 GROUND BASED AIR DEFENSE ....................................................................................... 11,054 11,054 

010 JAVELIN ................................................................................................................................... 0 0 

011 FOLLOW ON TO SMAW ......................................................................................................... 19,650 19,650 

012 ANTI-ARMOR WEAPONS SYSTEM-HEAVY (AAWS-H) .................................................. 20,708 20,708 

OTHER SUPPORT 

013 MODIFICATION KITS ............................................................................................................ 0 0 

COMMAND AND CONTROL SYSTEMS 

014 UNIT OPERATIONS CENTER .............................................................................................. 1,420 1,420 

REPAIR AND TEST EQUIPMENT 

015 REPAIR AND TEST EQUIPMENT ...................................................................................... 25,127 25,127 

OTHER SUPPORT (TEL) 

016 COMBAT SUPPORT SYSTEM .............................................................................................. 25,822 25,822 

017 MODIFICATION KITS ............................................................................................................ 2,831 2,831 


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COMMAND AND CONTROL SYSTEM (NON-TEL) 

018 ITEMS UNDER $5 MILLION (COMM & ELEC) ............................................................... 5,498 5,498 

019 AIR OPERATIONS C2 SYSTEMS ........................................................................................ 11,290 11,290 

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 EQUIPMENT ........................................................................ 7,466 7,466 

025 RQ–11 UAV ............................................................................................................................... 2,318 2,318 

026 DCGS-MC ................................................................................................................................... 18,291 18,291 

OTHER COMM/ELEC EQUIPMENT (NON-TEL) 

029 NIGHT VISION EQUIPMENT ............................................................................................... 48,084 48,084 

OTHER SUPPORT (NON-TEL) 

030 COMMON COMPUTER RESOURCES ................................................................................. 206,708 206,708 

031 COMMAND POST SYSTEMS ................................................................................................. 35,190 35,190 

032 RADIO SYSTEMS .................................................................................................................... 89,059 89,059 

033 COMM SWITCHING & CONTROL SYSTEMS .................................................................... 22,500 22,500 

034 COMM & ELEC INFRASTRUCTURE SUPPORT .............................................................. 42,625 42,625 

CLASSIFIED PROGRAMS 

035A CLASSIFIED PROGRAMS ..................................................................................................... 2,290 2,290 

ADMINISTRATIVE VEHICLES 

035 COMMERCIAL PASSENGER VEHICLES .......................................................................... 2,877 2,877 

036 COMMERCIAL CARGO VEHICLES ..................................................................................... 13,960 13,960

TACTICAL VEHICLES 

037 5/4T TRUCK HMMWV (MYP) ................................................................................................ 8,052 8,052 

038 MOTOR TRANSPORT MODIFICATIONS ........................................................................... 50,269 50,269 

039 MEDIUM TACTICAL VEHICLE REPLACEMENT ........................................................... 0 0 

040 LOGISTICS VEHICLE SYSTEM REP ................................................................................. 37,262 37,262 

041 FAMILY OF TACTICAL TRAILERS .................................................................................... 48,160 48,160 

042 TRAILERS ................................................................................................................................ 0 0 

OTHER SUPPORT 

043 ITEMS LESS THAN $5 MILLION ....................................................................................... 6,705 6,705 

ENGINEER AND OTHER EQUIPMENT 

044 ENVIRONMENTAL CONTROL EQUIP ASSORT .............................................................. 13,576 13,576 

045 BULK LIQUID EQUIPMENT ................................................................................................ 16,869 16,869 

046 TACTICAL FUEL SYSTEMS ................................................................................................. 19,108 19,108 

047 POWER EQUIPMENT ASSORTED ...................................................................................... 56,253 56,253

048 AMPHIBIOUS SUPPORT EQUIPMENT ............................................................................. 13,089 13,089 

049 EOD SYSTEMS ........................................................................................................................ 73,699 73,699 

MATERIALS HANDLING EQUIPMENT 

050 PHYSICAL SECURITY EQUIPMENT ................................................................................. 3,510 3,510 

051 GARRISON MOBILE ENGINEER EQUIPMENT (GMEE) .............................................. 11,490 11,490 

052 MATERIAL HANDLING EQUIP ........................................................................................... 20,659 20,659 

053 FIRST DESTINATION TRANSPORTATION ...................................................................... 132 132 

GENERAL PROPERTY 

054 FIELD MEDICAL EQUIPMENT .......................................................................................... 31,068 31,068 

055 TRAINING DEVICES .............................................................................................................. 45,895 45,895 

056 CONTAINER FAMILY ............................................................................................................. 5,801 5,801 

057 FAMILY OF CONSTRUCTION EQUIPMENT .................................................................... 23,939 23,939 

058 FAMILY OF INTERNALLY TRANSPORTABLE VEH (ITV) ........................................... 0 0 

059 BRIDGE BOATS ...................................................................................................................... 0 0 

060 RAPID DEPLOYABLE KITCHEN ........................................................................................ 8,365 8,365

OTHER SUPPORT 

061 ITEMS LESS THAN $5 MILLION ....................................................................................... 7,077 7,077 

SPARES AND REPAIR PARTS 

062 SPARES AND REPAIR PARTS ............................................................................................ 3,190 3,190 

PRIOR YEAR SAVINGS 

062A PRIOR YEAR SAVINGS ......................................................................................................... –135,200 

LAV procurement acquisition objective change PY ............................................................. [–135,200] 

TOTAL, PROCUREMENT, MARINE CORPS ........................................................ 1,622,955 1,347,755 

AIRCRAFT PROCUREMENT, AIR FORCE 

TACTICAL FORCES 

001 F–35 ............................................................................................................................................ 3,124,302 3,124,302 

002 ADVANCE PROCUREMENT (CY) .................................................................................... 293,400 293,400

003 F–22A ......................................................................................................................................... 0 0 

004 C–17A (MYP) ............................................................................................................................. 0 0 

OTHER AIRLIFT 

005 C–130J ........................................................................................................................................ 68,373 68,373 

006 ADVANCE PROCUREMENT (CY) .................................................................................... 0 0 

007 HC–130J .................................................................................................................................... 152,212 152,212 

008 ADVANCE PROCUREMENT (CY) .................................................................................... 0 0 

009 MC–130J .................................................................................................................................... 374,866 374,866 

010 ADVANCE PROCUREMENT (CY) .................................................................................... 0 0 

011 HC/MC–130 RECAP ................................................................................................................. 0 0 


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012 C–27J .......................................................................................................................................... 0 0 

UPT TRAINERS 

013 LIGHT MOBILITY AIRCRAFT ............................................................................................. 0 0 

014 USAFA POWERED FLIGHT PROGRAM ............................................................................ 0 0 

HELICOPTERS 

015 HH–60 LOSS REPLACEMENT/RECAP .............................................................................. 60,596 60,596 

016 COMMON VERTICAL LIFT SUPPORT PLATFORM (CVLSP) ....................................... 0 0 

017 CV–22 (MYP) ............................................................................................................................. 294,220 294,220 

018 ADVANCE PROCUREMENT (CY) .................................................................................... 15,000 15,000 

MISSION SUPPORT AIRCRAFT 

019 CIVIL AIR PATROL A/C ........................................................................................................ 2,498 2,498 

020 LIGHT ATTACK ARMED RECON ACFT ............................................................................ 0 0 

021 RQ–11 ......................................................................................................................................... 0 0 

022 STUASL0 ................................................................................................................................... 0 0 

OTHER AIRCRAFT 

023 INTERIM GATEWAY .............................................................................................................. 0 0 

024 TARGET DRONES .................................................................................................................. 129,866 129,866 

025 C–37A ......................................................................................................................................... 0 0 

026 RQ–4 ........................................................................................................................................... 75,000 75,000 

027 ADVANCE PROCUREMENT (CY) .................................................................................... 0 0 

028 AC–130J ..................................................................................................................................... 163,970 163,970 

029 ADVANCE PROCUREMENT (CY) .................................................................................... 0 0 

030 MQ–9 .......................................................................................................................................... 553,530 553,530 

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 INFRARED COUNTERMEASURES ................................................ 28,800 28,800 

TACTICAL AIRCRAFT 

036 A–10 ............................................................................................................................................ 89,919 89,919 

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 

042 ADVANCE PROCUREMENT (CY) .................................................................................... 0 0 

043 C–5M ........................................................................................................................................... 944,819 944,819 

044 ADVANCE PROCUREMENT (CY) .................................................................................... 175,800 175,800

045 C–9C ........................................................................................................................................... 0 0 

046 C–17A ......................................................................................................................................... 205,079 205,079 

047 C–21 ............................................................................................................................................ 199 199 

048 C–32A ......................................................................................................................................... 1,750 1,750 

049 C–37A ......................................................................................................................................... 445 445 

050 C–130 AMP ................................................................................................................................ 0 0 

TRAINER AIRCRAFT 

051 GLIDER MODS ........................................................................................................................ 126 126 

052 T–6 .............................................................................................................................................. 15,494 15,494 

053 T–1 .............................................................................................................................................. 272 272 

054 T–38 ............................................................................................................................................ 20,455 20,455 

OTHER AIRCRAFT 

055 U–2 MODS ................................................................................................................................. 0 0 

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 

064 C–130 INTEL ............................................................................................................................ 0 0 

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 71,320 

Restart production line for the JSTARS re-engining program ........................................ [12,000] 

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 MODIFICATIONS .............................................................................................. 22,326 22,326 

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 


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080 CV–22 MODS ............................................................................................................................. 23,881 23,881 

AIRCRAFT SPARES AND REPAIR PARTS 

081 INITIAL SPARES/REPAIR PARTS ..................................................................................... 729,691 729,691 

COMMON SUPPORT EQUIPMENT 

082 AIRCRAFT REPLACEMENT SUPPORT EQUIP .............................................................. 56,542 56,542 

POST PRODUCTION SUPPORT 

083 A–10 ............................................................................................................................................ 5,100 5,100 

084 B–1 .............................................................................................................................................. 965 965 

085 B–2A ........................................................................................................................................... 0 0 

086 B–2A ........................................................................................................................................... 47,580 47,580 

087 C–5 .............................................................................................................................................. 0 0 

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 8,506 

094 HH–60 PPS ............................................................................................................................... 0 0 

095 T–6 .............................................................................................................................................. 0 0 

096 OTHER AIRCRAFT ................................................................................................................. 9,522 9,522 

INDUSTRIAL PREPAREDNESS 

097 INDUSTRIAL RESPONSIVENESS ...................................................................................... 20,731 20,731 

WAR CONSUMABLES 

098 WAR CONSUMABLES ............................................................................................................ 89,727 89,727 

OTHER PRODUCTION CHARGES 

099 OTHER PRODUCTION CHARGES ...................................................................................... 842,392 842,392 

DARP 

103 U–2 ............................................................................................................................................. 0 0 

CLASSIFIED PROGRAMS 

103A CLASSIFIED PROGRAMS ..................................................................................................... 20,164 20,164 

PRIOR YEAR SAVINGS 

103B PRIOR YEAR SAVINGS ......................................................................................................... –920,748 

Light attack armed reconnaissance (LAAR) cancellation .................................................. [–115,049] 

Light mobiilty aircraft cancellation .................................................................................... [–65,296] 

Common vertical lift support platform (CVLSP) cancellation ......................................... [–52,800] 

C–130 AMP cancellation ....................................................................................................... [–207,163] 

RQ–4 Global Hawk Block 30 cancellation .......................................................................... [–480,440] 

TOTAL, AIRCRAFT PROCUREMENT, AIR FORCE ......................................... 11,002,999 10,094,251 

MISSILE PROCUREMENT, AIR FORCE 

MISSILE REPLACEMENT EQUIPMENT—BALLISTIC 

001 MISSILE REPLACEMENT EQ-BALLISTIC ...................................................................... 56,906 56,906 

TACTICAL 

002 JASSM ........................................................................................................................................ 240,399 240,399 

003 SIDEWINDER (AIM–9X) ........................................................................................................ 88,020 88,020 

004 AMRAAM ................................................................................................................................... 229,637 229,637 

005 PREDATOR HELLFIRE MISSILE ...................................................................................... 47,675 47,675 

006 SMALL DIAMETER BOMB ................................................................................................... 42,000 42,000 

INDUSTRIAL FACILITIES 

007 INDUSTR’L PREPAREDNS/POL PREVENTION .............................................................. 744 744 

CLASS IV 

008 ADVANCED CRUISE MISSILE ............................................................................................ 0 0 

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 MISSILE (ALCM) ......................................................................... 13,620 13,620 

013 SMALL DIAMETER BOMB ................................................................................................... 5,000 5,000 

MISSILE SPARES AND REPAIR PARTS 

014 INITIAL SPARES/REPAIR PARTS ..................................................................................... 74,373 74,373 

SPACE PROGRAMS 

015 ADVANCED EHF ..................................................................................................................... 557,205 557,205 

016 ADVANCE PROCUREMENT (CY) .................................................................................... 0 0 

017 WIDEBAND GAPFILLER SATELLITES(SPACE) ............................................................ 36,835 36,835 

018 ADVANCE PROCUREMENT (CY) .................................................................................... 0 0 

019 GPS III SPACE SEGMENT ................................................................................................... 410,294 410,294 

020 ADVANCE PROCUREMENT (CY) .................................................................................... 82,616 82,616 

021 SPACEBORNE EQUIP (COMSEC) ....................................................................................... 10,554 10,554 

022 GLOBAL POSITIONING (SPACE) ....................................................................................... 58,147 58,147 

023 DEF METEOROLOGICAL SAT PROG(SPACE) ................................................................ 89,022 89,022 

024 EVOLVED EXPENDABLE LAUNCH VEH(SPACE) ......................................................... 1,679,856 1,679,856 

025 SBIR HIGH (SPACE) ............................................................................................................. 454,251 454,251 

026 ADVANCE PROCUREMENT (CY) .................................................................................... 0 0 

SPECIAL PROGRAMS 

028 DEFENSE SPACE RECONN PROGRAM ............................................................................ 0 0 

030 SPECIAL UPDATE PROGRAMS .......................................................................................... 138,904 138,904 

CLASSIFIED PROGRAMS 


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030A CLASSIFIED PROGRAMS ..................................................................................................... 1,097,483 1,097,483 

TOTAL, MISSILE PROCUREMENT, AIR FORCE ............................................. 5,491,846 5,491,846 

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 MUNITION ................................................................................. 101,921 101,921 

FLARE, IR MJU–7B 

006 CAD/PAD ................................................................................................................................... 43,829 43,829 

007 EXPLOSIVE ORDNANCE DISPOSAL (EOD) .................................................................... 7,515 7,515 

008 SPARES AND REPAIR PARTS ............................................................................................ 1,003 1,003 

009 MODIFICATIONS .................................................................................................................... 5,321 5,321 

010 ITEMS LESS THAN $5 MILLION ....................................................................................... 5,066 5,066 

FUZES 

011 FLARES ..................................................................................................................................... 46,010 46,010 

012 FUZES ....................................................................................................................................... 36,444 36,444 

SMALL ARMS 

013 SMALL ARMS .......................................................................................................................... 29,223 29,223 

TOTAL, PROCUREMENT OF AMMUNITION, AIR FORCE ......................... 599,194 599,194 

OTHER PROCUREMENT, AIR FORCE 

PASSENGER CARRYING VEHICLES 

001 PASSENGER CARRYING VEHICLES ................................................................................. 1,905 1,905 

CARGO AND UTILITY VEHICLES 

002 MEDIUM TACTICAL VEHICLE ........................................................................................... 18,547 18,547 

003 CAP VEHICLES ....................................................................................................................... 932 932 

004 ITEMS LESS THAN $5 MILLION ....................................................................................... 1,699 1,699 

SPECIAL PURPOSE VEHICLES 

005 SECURITY AND TACTICAL VEHICLES ............................................................................ 10,850 10,850 

006 ITEMS LESS THAN $5 MILLION ....................................................................................... 9,246 9,246 

FIRE FIGHTING EQUIPMENT 

007 FIRE FIGHTING/CRASH RESCUE VEHICLES ............................................................... 23,148 23,148 

MATERIALS HANDLING EQUIPMENT 

008 ITEMS LESS THAN $5 MILLION ....................................................................................... 18,323 18,323 

BASE MAINTENANCE SUPPORT 

009 RUNWAY SNOW REMOV AND CLEANING EQU ............................................................. 1,685 1,685 

010 ITEMS LESS THAN $5 MILLION ....................................................................................... 17,014 17,014 

CANCELLED ACCOUNT ADJUSTMENTS 

011 CANCELLED ACCOUNT ADJUSTMENTS ......................................................................... 0 0 

COMM SECURITY EQUIPMENT(COMSEC) 

012 COMSEC EQUIPMENT .......................................................................................................... 166,559 166,559 

013 MODIFICATIONS (COMSEC) ................................................................................................ 1,133 1,133 

INTELLIGENCE PROGRAMS 

014 INTELLIGENCE TRAINING EQUIPMENT ........................................................................ 2,749 2,749 

015 INTELLIGENCE COMM EQUIPMENT ............................................................................... 32,876 32,876 

016 ADVANCE TECH SENSORS ................................................................................................. 877 877 

017 MISSION PLANNING SYSTEMS .......................................................................................... 15,295 15,295 

ELECTRONICS PROGRAMS 

018 AIR TRAFFIC CONTROL & LANDING SYS ...................................................................... 21,984 21,984 

019 NATIONAL AIRSPACE SYSTEM ......................................................................................... 30,698 30,698 

020 BATTLE CONTROL SYSTEM—FIXED .............................................................................. 17,368 17,368 

021 THEATER AIR CONTROL SYS IMPROVEMENTS .......................................................... 23,483 23,483 

022 WEATHER OBSERVATION FORECAST ............................................................................ 17,864 17,864 

023 STRATEGIC COMMAND AND CONTROL .......................................................................... 53,995 53,995 

024 CHEYENNE MOUNTAIN COMPLEX ................................................................................... 14,578 14,578 

025 TAC SIGINT SPT ..................................................................................................................... 208 208 

026 DRUG INTERDICTION SPT ................................................................................................. 0 0 

SPCL COMM-ELECTRONICS PROJECTS 

027 GENERAL INFORMATION TECHNOLOGY ....................................................................... 69,743 69,743 

028 AF GLOBAL COMMAND & CONTROL SYS ....................................................................... 15,829 15,829 

029 MOBILITY COMMAND AND CONTROL ............................................................................. 11,023 11,023 

030 AIR FORCE PHYSICAL SECURITY SYSTEM .................................................................. 64,521 64,521 

031 COMBAT TRAINING RANGES ............................................................................................. 18,217 18,217 

032 C3 COUNTERMEASURES ..................................................................................................... 11,899 11,899 

033 GCSS-AF FOS ........................................................................................................................... 13,920 13,920 

034 THEATER BATTLE MGT C2 SYSTEM .............................................................................. 9,365 9,365 

035 AIR & SPACE OPERATIONS CTR-WPN SYS ................................................................... 33,907 33,907 

AIR FORCE COMMUNICATIONS 

036 INFORMATION TRANSPORT SYSTEMS ........................................................................... 52,464 52,464 

037 BASE INFO INFRASTRUCTURE ........................................................................................ 0 0 

038 AFNET ....................................................................................................................................... 125,788 125,788 

039 VOICE SYSTEMS .................................................................................................................... 16,811 16,811 

040 USCENTCOM ............................................................................................................................ 32,138 32,138 


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DISA PROGRAMS 

041 SPACE BASED IR SENSOR PGM SPACE ......................................................................... 47,135 47,135 

042 NAVSTAR GPS SPACE ........................................................................................................... 2,031 2,031 

043 NUDET DETECTION SYS SPACE ...................................................................................... 5,564 5,564 

044 AF SATELLITE CONTROL NETWORK SPACE ............................................................... 44,219 44,219 

045 SPACELIFT RANGE SYSTEM SPACE ............................................................................... 109,545 109,545 

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 EQUIPMENT ............................................................................................... 126,131 126,131 

050 COMBAT SURVIVOR EVADER LOCATER ........................................................................ 23,707 23,707 

051 RADIO EQUIPMENT .............................................................................................................. 12,757 12,757 

052 CCTV/AUDIOVISUAL EQUIPMENT .................................................................................... 10,716 10,716

053 BASE COMM INFRASTRUCTURE ...................................................................................... 74,528 74,528

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 MILLION ....................................................................................... 30,887 30,887 

DEPOT PLANT+MTRLS HANDLING EQ 

057 MECHANIZED MATERIAL HANDLING EQUIP .............................................................. 2,850 2,850 

BASE SUPPORT EQUIPMENT 

058 BASE PROCURED EQUIPMENT ........................................................................................ 8,387 8,387 

059 CONTINGENCY OPERATIONS ............................................................................................. 10,358 10,358 

060 PRODUCTIVITY CAPITAL INVESTMENT ......................................................................... 3,473 3,473 

061 RAPID IMPROVEMENT PROCUREMENT INOVAT ........................................................ 0 0 

062 MOBILITY EQUIPMENT ....................................................................................................... 14,471 14,471 

063 ITEMS LESS THAN $5 MILLION ....................................................................................... 1,894 1,894 

SPECIAL SUPPORT PROJECTS 

065 DARP RC135 ............................................................................................................................. 24,176 24,176 

066 DCGS-AF ................................................................................................................................... 142,928 142,928 

068 SPECIAL UPDATE PROGRAM ............................................................................................ 479,446 479,446 

069 DEFENSE SPACE RECONNAISSANCE PROG. ................................................................ 39,155 39,155 

CLASSIFIED PROGRAMS 

069A CLASSIFIED PROGRAMS ..................................................................................................... 14,331,312 14,331,312 

SPARES AND REPAIR PARTS 

071 SPARES AND REPAIR PARTS ............................................................................................ 14,663 14,663 

TOTAL, OTHER PROCUREMENT, AIR FORCE ................................................ 16,720,848 16,720,848 

PROCUREMENT, DEFENSE-WIDE 

MAJOR EQUIPMENT, BTA 

001 MAJOR EQUIPMENT, BTA ................................................................................................... 0 0 

MAJOR EQUIPMENT, DCAA 

002 ITEMS LESS THAN $5 MILLION ....................................................................................... 1,486 1,486 

MAJOR EQUIPMENT, DCMA 

003 MAJOR EQUIPMENT ............................................................................................................. 2,129 2,129 

EQUIPMENT 

004 EQUIPMENT ............................................................................................................................ 0 0 

MAJOR EQUIPMENT, DHRA 

005 PERSONNEL ADMINISTRATION ........................................................................................ 6,147 6,147

MAJOR EQUIPMENT, DISA 

012 INFORMATION SYSTEMS SECURITY ............................................................................... 12,708 12,708 

013 GLOBAL COMMAND AND CONTROL SYSTEM ............................................................... 0 0 

014 GLOBAL COMBAT SUPPORT SYSTEM ............................................................................. 3,002 3,002 

015 TELEPORT PROGRAM .......................................................................................................... 46,992 46,992 

016 ITEMS LESS THAN $5 MILLION ....................................................................................... 108,462 108,462 

017 NET CENTRIC ENTERPRISE SERVICES (NCES) .......................................................... 2,865 2,865 

018 DEFENSE INFORMATION SYSTEM NETWORK ............................................................. 116,906 116,906 

019 PUBLIC KEY INFRASTRUCTURE ..................................................................................... 1,827 1,827 

020 DRUG INTERDICTION SUPPORT ...................................................................................... 0 0 

021 CYBER SECURITY INITIATIVE .......................................................................................... 10,319 10,319 

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/EDUCATIONAL SUPPORT & LOGISTICS ............................................. 1,458 1,458 

MAJOR EQUIPMENT, DEFENSE SECURITY COOPERATION AGENCY 

025 EQUIPMENT ............................................................................................................................ 0 0 

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, DTSA 

029 MAJOR EQUIPMENT ............................................................................................................. 0 0 


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(In Thousands of Dollars) 

Line Item FY 2013 

Request 

Senate 

Authorized 

MAJOR EQUIPMENT, MISSILE DEFENSE AGENCY 

030 THAAD ...................................................................................................................................... 460,728 560,728 

THAAD Interceptors ............................................................................................................. [100,000] 

031 AEGIS BMD .............................................................................................................................. 389,626 389,626 

032 BMDS AN/TPY–2 RADARS .................................................................................................... 217,244 217,244 

033 RADAR SPARES ...................................................................................................................... 10,177 10,177 

034 IRON DOME ............................................................................................................................. 0 0 

MAJOR EQUIPMENT, NSA 

041 INFORMATION SYSTEMS SECURITY PROGRAM (ISSP) ............................................ 6,770 6,770 

MAJOR EQUIPMENT, OSD 

042 MAJOR EQUIPMENT, OSD ................................................................................................... 45,938 45,938 

043 MAJOR EQUIPMENT, INTELLIGENCE ............................................................................ 17,582 17,582 

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 AND SUSTAINMENT ......................................................... 74,832 74,832 

047 MH–47 SERVICE LIFE EXTENSION PROGRAM ............................................................ 0 0 

048 MH–60 MODERNIZATION PROGRAM ............................................................................... 126,780 126,780 

049 NON-STANDARD AVIATION ................................................................................................. 99,776 37,000 

Transfer to Line 51 at USSOCOM request ......................................................................... [–62,776] 

050 TANKER RECAPITALIZATION ........................................................................................... 0 0 

051 U–28 ........................................................................................................................................... 7,530 116,906 

Transfer from Line 49 at USSOCOM request .................................................................... [62,776] 

USSOCOM UFR ................................................................................................................... [46,600] 

052 MH–47 CHINOOK .................................................................................................................... 134,785 134,785 

053 RQ–11 UNMANNED AERIAL VEHICLE ............................................................................ 2,062 2,062 

054 CV–22 MODIFICATION .......................................................................................................... 139,147 139,147 

055 MQ–1 UNMANNED AERIAL VEHICLE .............................................................................. 3,963 26,963 

USSOCOM UFR ................................................................................................................... [23,000] 

056 MQ–9 UNMANNED AERIAL VEHICLE .............................................................................. 3,952 39,352 

USSOCOM UFR ................................................................................................................... [35,400] 

057 RQ–7 UNMANNED AERIAL VEHICLE .............................................................................. 0 0 

058 STUASL0 ................................................................................................................................... 12,945 12,945 

059 PRECISION STRIKE PACKAGE .......................................................................................... 73,013 73,013 

060 AC/MC–130J .............................................................................................................................. 51,484 51,484 

061 MQ–8 UAV ................................................................................................................................. 0 0 

062 C–130 MODIFICATIONS ........................................................................................................ 25,248 25,248 

063 AIRCRAFT SUPPORT ............................................................................................................ 5,314 5,314 

SHIPBUILDING 

064 UNDERWATER SYSTEMS .................................................................................................... 23,037 15,037 

Transfer to RDDW Line 272 at USSOCOM request ......................................................... [–8,000] 

065 SEAL DELIVERY VEHICLE ................................................................................................. 0 0 

AMMUNITION PROGRAMS 

066 ORDNANCE REPLENISHMENT .......................................................................................... 113,183 113,183 

067 ORDNANCE ACQUISITION ................................................................................................... 36,981 36,981 

OTHER PROCUREMENT PROGRAMS 

068 COMMUNICATIONS EQUIPMENT AND ELECTRONICS ............................................... 99,838 103,738 

USSOCOM UFR ................................................................................................................... [3,900] 

069 INTELLIGENCE SYSTEMS .................................................................................................. 71,428 71,428 

070 SMALL ARMS AND WEAPONS ............................................................................................ 27,108 27,108 

071 DISTRIBUTED COMMON GROUND/SURFACE SYSTEMS ........................................... 12,767 15,967 

USSOCOM UFR ................................................................................................................... [3,200] 

073 MARITIME EQUIPMENT MODIFICATIONS ..................................................................... 0 0 

074 COMBATANT CRAFT SYSTEMS .......................................................................................... 42,348 42,348 

075 SPARES AND REPAIR PARTS ............................................................................................ 600 600 

077 TACTICAL VEHICLES ........................................................................................................... 37,421 37,421 

078 MISSION TRAINING AND PREPARATION SYSTEMS ................................................... 36,949 41,949 

USSOCOM UFR ................................................................................................................... [5,000] 

079 COMBAT MISSION REQUIREMENTS ................................................................................ 20,255 20,255 

080 MILCON COLLATERAL EQUIPMENT ............................................................................... 17,590 17,590 

082 AUTOMATION SYSTEMS ...................................................................................................... 66,573 66,573 

083 GLOBAL VIDEO SURVEILLANCE ACTIVITIES .............................................................. 6,549 6,549 

084 OPERATIONAL ENHANCEMENTS INTELLIGENCE ..................................................... 32,335 32,335 

085 SOLDIER PROTECTION AND SURVIVAL SYSTEMS .................................................... 15,153 15,153 

086 VISUAL AUGMENTATION LASERS AND SENSOR SYSTEMS .................................... 33,920 33,920 

087 TACTICAL RADIO SYSTEMS ............................................................................................... 75,132 75,132 

088 MARITIME EQUIPMENT ...................................................................................................... 0 0

089 DRUG INTERDICTION .......................................................................................................... 0 0 

090 MISCELLANEOUS EQUIPMENT ......................................................................................... 6,667 6,667

091 OPERATIONAL ENHANCEMENTS ..................................................................................... 217,972 243,272 

USSOCOM UFR ................................................................................................................... [25,300] 

092 MILITARY INFORMATION SUPPORT OPERATIONS .................................................... 27,417 27,417 

CLASSIFIED PROGRAMS 

092A CLASSIFIED PROGRAMS ..................................................................................................... 0 0 


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Line Item FY 2013 

Request 

Senate 

Authorized 

CBDP 

093 INSTALLATION FORCE PROTECTION ............................................................................. 24,025 24,025 

094 INDIVIDUAL PROTECTION ................................................................................................. 73,720 73,720 

095 DECONTAMINATION ............................................................................................................. 506 506 

096 JOINT BIO DEFENSE PROGRAM (MEDICAL) ................................................................ 32,597 32,597 

097 COLLECTIVE PROTECTION ................................................................................................ 3,144 3,144 

098 CONTAMINATION AVOIDANCE ........................................................................................... 164,886 164,886 

TOTAL, PROCUREMENT, DEFENSE-WIDE ........................................................ 4,187,935 4,422,335 

NATIONAL GUARD & RESERVE EQUIPMENT 

ARMY RESERVE 

001 MISCELLANEOUS EQUIPMENT ......................................................................................... 0 0 

NAVY RESERVE 

002 MISCELLANEOUS EQUIPMENT ......................................................................................... 0 0 

MARINE CORPS RESERVE 

003 MISCELLANEOUS EQUIPMENT ......................................................................................... 0 0 

AIR FORCE RESERVE 

004 MISCELLANEOUS EQUIPMENT ......................................................................................... 0 0 

ARMY NATIONAL GUARD 

005 MISCELLANEOUS EQUIPMENT ......................................................................................... 0 0 

AIR NATIONAL GUARD 

006 MISCELLANEOUS EQUIPMENT ......................................................................................... 0 0 

NATIONAL GUARD AIRCRAFT 

007 MISCELLANEOUS EQUIPMENT ......................................................................................... 0 0 

TOTAL, NATIONAL GUARD & RESERVE EQUIPMENT .............................. 0 0 

JOINT URGENT OPERATIONAL NEEDS FUND 

JOINT URGENT OPERATIONAL NEEDS FUND 

001 JOINT URGENT OPERATIONAL NEEDS FUND ............................................................. 99,477 99,477 

TOTAL, JOINT URGENT OPERATIONAL NEEDS FUND ........................... 99,477 99,477 

TOTAL, PROCUREMENT .............................................................................................. 97,432,379 96,959,163 


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2 OPERATIONS. 

SEC. 4102. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Line Item FY 2013 

Request 

Senate 

Authorized 

AIRCRAFT PROCUREMENT, ARMY 

ROTARY 

009 AH–64 APACHE BLOCK IIIB NEW BUILD ...................................................................... 71,000 0 

Funding ahead of need .......................................................................................................... [–71,000] 

012 KIOWA WARRIOR (OH–58F) WRA ..................................................................................... 183,900 183,900 

015 CH–47 HELICOPTER ............................................................................................................. 231,300 231,300 

TOTAL, AIRCRAFT PROCUREMENT, ARMY ..................................................... 486,200 415,200 

MISSILE PROCUREMENT, ARMY 

SURFACE-TO-AIR MISSILE SYSTEM 

004 HELLFIRE SYS SUMMARY ................................................................................................. 29,100 29,100 

008 GUIDED MLRS ROCKET (GMLRS) .................................................................................... 20,553 20,553

TOTAL, MISSILE PROCUREMENT, ARMY .......................................................... 49,653 49,653 

PROCUREMENT OF W&TCV, ARMY 

MOD OF WEAPONS AND OTHER COMBAT VEH 

036 M16 RIFLE MODS ................................................................................................................... 15,422 15,422 

TOTAL, PROCUREMENT OF W&TCV, ARMY .................................................... 15,422 15,422 

PROCUREMENT OF AMMUNITION, ARMY 

SMALL/MEDIUM CAL AMMUNITION 

003 CTG, HANDGUN, ALL TYPES .............................................................................................. 1,500 1,500 

004 CTG, .50 CAL, ALL TYPES .................................................................................................... 10,000 10,000 

007 CTG, 30MM, ALL TYPES ....................................................................................................... 80,000 80,000 

MORTAR AMMUNITION 

009 60MM MORTAR, ALL TYPES ............................................................................................... 14,000 14,000 

010 81MM MORTAR, ALL TYPES ............................................................................................... 6,000 6,000 

011 120MM MORTAR, ALL TYPES ............................................................................................. 56,000 56,000 

ARTILLERY AMMUNITION 

013 ARTILLERY CARTRIDGES, 75MM AND 105MM, ALL TYP .......................................... 29,956 29,956 

014 ARTILLERY PROJECTILE, 155MM, ALL TYPES ............................................................ 37,044 37,044 

015 PROJ 155MM EXTENDED RANGE XM982 ........................................................................ 12,300 12,300 

016 ARTILLERY PROPELLANTS, FUZES AND PRIMERS, ALL ....................................... 17,000 17,000 

MINES 

017 MINES & CLEARING CHARGES, ALL TYPES ................................................................ 12,000 12,000 

ROCKETS 

020 ROCKET, HYDRA 70, ALL TYPES ...................................................................................... 63,635 63,635 

OTHER AMMUNITION 

023 SIGNALS, ALL TYPES ........................................................................................................... 16,858 16,858 

MISCELLANEOUS 

028 ITEMS LESS THAN $5 MILLION ....................................................................................... 1,200 1,200 

PRODUCTION BASE SUPPORT 

TOTAL, PROCUREMENT OF AMMUNITION, ARMY ...................................... 357,493 357,493 

OTHER PROCUREMENT, ARMY 

TACTICAL VEHICLES 

002 FAMILY OF MEDIUM TACTICAL VEH (FMTV) .............................................................. 28,247 28,247 

004 FAMILY OF HEAVY TACTICAL VEHICLES (FHTV) ...................................................... 2,050 2,050 

011 HMMWV RECAPITALIZATION PROGRAM ....................................................................... 271,000 271,000 

014 MINE-RESISTANT AMBUSH-PROTECTED (MRAP) MODS ......................................... 927,400 927,400 

COMM—INTELLIGENCE COMM 

052 RESERVE CA/MISO GPF EQUIPMENT ............................................................................. 8,000 8,000 

COMM—BASE COMMUNICATIONS 

061 INSTALLATION INFO INFRASTRUCTURE MOD PROGRAM( .................................... 25,000 65,000 

Transfer from OMA OCO at SOUTHCOM request ............................................................ [40,000] 

ELECT EQUIP—TACT INT REL ACT (TIARA) 

069 DCGS–A (MIP) ......................................................................................................................... 90,355 90,355 

073 CI HUMINT AUTO REPRINTING AND COLLECTION ................................................... 6,516 6,516 

ELECT EQUIP—ELECTRONIC WARFARE (EW) 

075 LIGHTWEIGHT COUNTER MORTAR RADAR ................................................................. 27,646 27,646 

077 FMLY OF PERSISTENT SURVEILLANCE CAPABILITIES .......................................... 52,000 52,000 

078 COUNTERINTELLIGENCE/SECURITY COUNTERMEASURES .................................. 205,209 205,209 

ELECT EQUIP—TACTICAL SURV. (TAC SURV) 

092 MOD OF IN-SVC EQUIP (FIREFINDER RADARS) ......................................................... 14,600 14,600 

099 COUNTERFIRE RADARS ...................................................................................................... 54,585 54,585 

ELECT EQUIP—TACTICAL C2 SYSTEMS 

102 FIRE SUPPORT C2 FAMILY ................................................................................................ 22,430 22,430 

103 BATTLE COMMAND SUSTAINMENT SUPPORT SYSTEM ........................................... 2,400 2,400 

112 MANEUVER CONTROL SYSTEM (MCS) ............................................................................ 6,400 6,400 

113 SINGLE ARMY LOGISTICS ENTERPRISE (SALE) ........................................................ 5,160 5,160 

CHEMICAL DEFENSIVE EQUIPMENT 

126 FAMILY OF NON-LETHAL EQUIPMENT (FNLE) ........................................................... 15,000 15,000 


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Line Item FY 2013 

Request 

Senate 

Authorized 

127 BASE DEFENSE SYSTEMS (BDS) ..................................................................................... 66,100 66,100 

ENGINEER (NON-CONSTRUCTION) EQUIPMENT 

135 EXPLOSIVE ORDNANCE DISPOSAL EQPMT (EOD EQPMT) ..................................... 3,565 3,565 

COMBAT SERVICE SUPPORT EQUIPMENT 

143 FORCE PROVIDER ................................................................................................................. 39,700 39,700 

145 CARGO AERIAL DEL & PERSONNEL PARACHUTE SYSTEM ................................... 650 650 

PETROLEUM EQUIPMENT 

149 DISTRIBUTION SYSTEMS, PETROLEUM & WATER ................................................... 2,119 2,119 

MAINTENANCE EQUIPMENT 

152 MOBILE MAINTENANCE EQUIPMENT SYSTEMS ......................................................... 428 428 

153 ITEMS LESS THAN $5 MILLION (MAINT EQ) ............................................................... 30 30 

TRAINING EQUIPMENT 

175 COMBAT TRAINING CENTERS SUPPORT ....................................................................... 7,000 7,000 

176 TRAINING DEVICES, NONSYSTEM ................................................................................... 27,250 27,250

178 AVIATION COMBINED ARMS TACTICAL TRAINER ...................................................... 1,000 1,000 

179 GAMING TECHNOLOGY IN SUPPORT OF ARMY TRAINING ...................................... 5,900 5,900 

OTHER SUPPORT EQUIPMENT 

183 RAPID EQUIPPING SOLDIER SUPPORT EQUIPMENT ............................................... 98,167 91,167 

Slow execution of prior years appropriations ..................................................................... [–37,000] 

Solar power units .................................................................................................................. [30,000] 

TOTAL, OTHER PROCUREMENT, ARMY ............................................................. 2,015,907 2,048,907 

JOINT IMPR EXPLOSIVE DEV DEFEAT FUND 

NETWORK ATTACK 

001 ATTACK THE NETWORK ..................................................................................................... 950,500 850,500 

Program decrease—under execution .................................................................................... [–100,000] 

JIEDDO DEVICE DEFEAT 

002 DEFEAT THE DEVICE .......................................................................................................... 400,000 350,000 

Program decrease—under execution & program delays ..................................................... [–50,000] 

FORCE TRAINING 

003 TRAIN THE FORCE ............................................................................................................... 149,500 128,500 

Program decrease—under execution & program delays ..................................................... [–21,000] 

STAFF AND INFRASTRUCTURE 

004 OPERATIONS ........................................................................................................................... 175,400 373,814 

Transfer from Base ................................................................................................................ [227,414] 

Program decrease—excessive contractor service support .................................................... [–29,000] 

TOTAL, JOINT IMPR EXPLOSIVE DEV DEFEAT FUND ............................. 1,675,400 1,702,814 

AIRCRAFT PROCUREMENT, NAVY 

COMBAT AIRCRAFT 

011 H–1 UPGRADES (UH–1Y/AH–1Z) ....................................................................................... 29,800 29,800 

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 AIRCRAFT .......................................................................................... 2,714 2,714 

054 COMMON AVIONICS CHANGES .......................................................................................... 570 570 

AIRCRAFT SUPPORT EQUIP & FACILITIES 

062 COMMON GROUND EQUIPMENT ....................................................................................... 2,380 2,380 

TOTAL, AIRCRAFT PROCUREMENT, NAVY ...................................................... 164,582 164,582 

WEAPONS PROCUREMENT, NAVY 

TACTICAL MISSILES 

009 HELLFIRE ............................................................................................................................... 17,000 17,000 

010 STAND OFF PRECISION GUIDED MUNITIONS (SOPGM) .......................................... 6,500 6,500 

TOTAL, WEAPONS PROCUREMENT, NAVY ....................................................... 23,500 23,500 

PROCUREMENT OF AMMO, NAVY & MC 

NAVY AMMUNITION 

001 GENERAL PURPOSE BOMBS ............................................................................................. 18,000 18,000 

002 AIRBORNE ROCKETS, ALL TYPES ................................................................................... 80,200 80,200

003 MACHINE GUN AMMUNITION ............................................................................................ 21,500 21,500 

006 AIR EXPENDABLE COUNTERMEASURES ...................................................................... 20,303 20,303 

011 OTHER SHIP GUN AMMUNITION ..................................................................................... 532 532 

012 SMALL ARMS & LANDING PARTY AMMO ....................................................................... 2,643 2,643 

013 PYROTECHNIC AND DEMOLITION ................................................................................... 2,322 2,322 

014 AMMUNITION LESS THAN $5 MILLION .......................................................................... 6,308 6,308 

MARINE CORPS AMMUNITION 

015 SMALL ARMS AMMUNITION ............................................................................................... 10,948 10,948 

016 LINEAR CHARGES, ALL TYPES ........................................................................................ 9,940 9,940 

017 40MM, 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 


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Line Item FY 2013 

Request 

Senate 

Authorized 

025 DEMOLITION MUNITIONS, ALL TYPES .......................................................................... 1,391 1,391 

026 FUZE, ALL TYPES ................................................................................................................. 30,945 30,945 

027 NON LETHALS ........................................................................................................................ 8 8 

029 ITEMS LESS THAN $5 MILLION ....................................................................................... 12 12 

TOTAL, PROCUREMENT OF AMMO, NAVY & MC .......................................... 285,747 285,747 

OTHER PROCUREMENT, NAVY 

OTHER SHORE ELECTRONIC EQUIPMENT 

070 TACTICAL/MOBILE C4I SYSTEMS .................................................................................... 3,603 3,603 

AIRCRAFT SUPPORT EQUIPMENT 

097 EXPEDITIONARY AIRFIELDS ............................................................................................ 58,200 58,200 

CIVIL ENGINEERING SUPPORT EQUIPMENT 

127 PASSENGER CARRYING VEHICLES ................................................................................. 3,901 3,901 

128 GENERAL PURPOSE TRUCKS ........................................................................................... 852 852 

129 CONSTRUCTION & MAINTENANCE EQUIP .................................................................... 2,436 2,436 

130 FIRE FIGHTING EQUIPMENT ............................................................................................ 3,798 3,798 

131 TACTICAL VEHICLES ........................................................................................................... 13,394 13,394 

134 ITEMS UNDER $5 MILLION ................................................................................................ 375 375 

COMMAND SUPPORT EQUIPMENT 

149 C4ISR EQUIPMENT ............................................................................................................... 3,000 3,000 

151 PHYSICAL SECURITY EQUIPMENT ................................................................................. 9,323 9,323 

TOTAL, OTHER PROCUREMENT, NAVY ............................................................. 98,882 98,882 

PROCUREMENT, MARINE CORPS 

TRACKED COMBAT VEHICLES 

002 LAV PIP ..................................................................................................................................... 10,000 10,000 

ARTILLERY AND OTHER WEAPONS 

005 HIGH MOBILITY ARTILLERY ROCKET SYSTEM ......................................................... 108,860 108,860 

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 EQUIPMENT ...................................................................................... 13,632 13,632 

OTHER SUPPORT (TEL) 

017 MODIFICATION KITS ............................................................................................................ 2,831 2,831 

COMMAND AND CONTROL SYSTEM (NON-TEL) 

019 AIR OPERATIONS C2 SYSTEMS ........................................................................................ 15,575 15,575 

RADAR + EQUIPMENT (NON-TEL) 

020 RADAR SYSTEMS ................................................................................................................... 8,015 8,015 

INTELL/COMM EQUIPMENT (NON-TEL) 

023 INTELLIGENCE SUPPORT EQUIPMENT ........................................................................ 35,310 35,310 

OTHER COMM/ELEC EQUIPMENT (NON-TEL) 

029 NIGHT VISION EQUIPMENT ............................................................................................... 652 652 

OTHER SUPPORT (NON-TEL) 

030 COMMON COMPUTER RESOURCES ................................................................................. 19,807 19,807 

032 RADIO SYSTEMS .................................................................................................................... 36,482 36,482 

033 COMM SWITCHING & CONTROL SYSTEMS .................................................................... 41,295 41,295 

TACTICAL VEHICLES 

039 MEDIUM TACTICAL VEHICLE REPLACEMENT ........................................................... 10,466 10,466 

041 FAMILY OF TACTICAL TRAILERS .................................................................................... 7,642 7,642 

ENGINEER AND OTHER EQUIPMENT 

045 BULK LIQUID EQUIPMENT ................................................................................................ 18,239 18,239 

046 TACTICAL FUEL SYSTEMS ................................................................................................. 51,359 51,359 

047 POWER EQUIPMENT ASSORTED ...................................................................................... 20,247 20,247

049 EOD SYSTEMS ........................................................................................................................ 362,658 362,658 

MATERIALS HANDLING EQUIPMENT 

050 PHYSICAL SECURITY EQUIPMENT ................................................................................. 55,500 55,500 

052 MATERIAL HANDLING EQUIP ........................................................................................... 19,100 19,100 

GENERAL PROPERTY 

054 FIELD MEDICAL EQUIPMENT .......................................................................................... 15,751 15,751 

055 TRAINING DEVICES .............................................................................................................. 3,602 3,602 

057 FAMILY OF CONSTRUCTION EQUIPMENT .................................................................... 15,900 15,900 

TOTAL, PROCUREMENT, MARINE CORPS ........................................................ 943,683 943,683 

AIRCRAFT PROCUREMENT, AIR FORCE 

STRATEGIC AIRCRAFT 

035 LARGE AIRCRAFT INFRARED COUNTERMEASURES ................................................ 139,800 139,800 

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 MODIFICATIONS .............................................................................................. 4,700 4,700 

AIRCRAFT SPARES AND REPAIR PARTS 

081 INITIAL SPARES/REPAIR PARTS ..................................................................................... 21,900 21,900 

OTHER PRODUCTION CHARGES 

099 OTHER PRODUCTION CHARGES ...................................................................................... 59,000 59,000


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Line Item FY 2013 

Request 

Senate 

Authorized 

TOTAL, AIRCRAFT PROCUREMENT, AIR FORCE ......................................... 305,600 305,600 

MISSILE PROCUREMENT, AIR FORCE 

TACTICAL 

005 PREDATOR HELLFIRE MISSILE ...................................................................................... 34,350 34,350 

TOTAL, MISSILE PROCUREMENT, AIR FORCE ............................................. 34,350 34,350 

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 MUNITION ................................................................................. 53,923 53,923 

FLARE, IR MJU–7B 

006 CAD/PAD ................................................................................................................................... 2,638 2,638 

010 ITEMS LESS THAN $5 MILLION ....................................................................................... 2,600 2,600 

FUZES 

011 FLARES ..................................................................................................................................... 11,726 11,726 

012 FUZES ....................................................................................................................................... 8,513 8,513 

TOTAL, PROCUREMENT OF AMMUNITION, AIR FORCE ......................... 116,203 116,203 

OTHER PROCUREMENT, AIR FORCE 

CARGO AND UTILITY VEHICLES 

002 MEDIUM TACTICAL VEHICLE ........................................................................................... 2,010 2,010 

004 ITEMS LESS THAN $5 MILLION ....................................................................................... 2,675 2,675 

SPECIAL PURPOSE VEHICLES 

006 ITEMS LESS THAN $5 MILLION ....................................................................................... 2,557 2,557 

MATERIALS HANDLING EQUIPMENT 

008 ITEMS LESS THAN $5 MILLION ....................................................................................... 4,329 4,329 

BASE MAINTENANCE SUPPORT 

009 RUNWAY SNOW REMOV AND CLEANING EQU ............................................................. 984 984 

010 ITEMS LESS THAN $5 MILLION ....................................................................................... 9,120 9,120 

ELECTRONICS PROGRAMS 

022 WEATHER OBSERVATION FORECAST ............................................................................ 5,600 5,600 

SPCL COMM-ELECTRONICS PROJECTS 

027 GENERAL INFORMATION TECHNOLOGY ....................................................................... 11,157 11,157 

ORGANIZATION AND BASE 

049 TACTICAL C–E EQUIPMENT .............................................................................................. 7,000 7,000 

053 BASE COMM INFRASTRUCTURE ...................................................................................... 10,654 10,654

MODIFICATIONS 

054 COMM ELECT MODS ............................................................................................................. 8,000 8,000 

PERSONAL SAFETY & RESCUE EQUIP 

055 NIGHT VISION GOGGLES .................................................................................................... 902 902 

BASE SUPPORT EQUIPMENT 

059 CONTINGENCY OPERATIONS ............................................................................................. 60,090 60,090 

062 MOBILITY EQUIPMENT ....................................................................................................... 9,400 9,400 

063 ITEMS LESS THAN $5 MILLION ....................................................................................... 9,175 9,175 

CLASSIFIED PROGRAMS 

069A CLASSIFIED PROGRAMS ..................................................................................................... 2,672,317 2,672,317 

SPARES AND REPAIR PARTS 

071 SPARES AND REPAIR PARTS ............................................................................................ 2,300 2,300 

TOTAL, OTHER PROCUREMENT, AIR FORCE ................................................ 2,818,270 2,818,270 

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 EQUIPMENT AND ELECTRONICS ............................................... 151 151 

069 INTELLIGENCE SYSTEMS .................................................................................................. 30,528 30,528 

077 TACTICAL VEHICLES ........................................................................................................... 1,843 1,843 

082 AUTOMATION SYSTEMS ...................................................................................................... 1,000 1,000 

086 VISUAL AUGMENTATION LASERS AND SENSOR SYSTEMS .................................... 108 108 

091 OPERATIONAL ENHANCEMENTS ..................................................................................... 14,758 14,758 

TOTAL, PROCUREMENT, DEFENSE-WIDE ........................................................ 196,349 196,349 

JOINT URGENT OPERATIONAL NEEDS FUND 

001 JOINT URGENT OPERATIONAL NEEDS FUND ............................................................. 100,000 100,000 

TOTAL, JOINT URGENT OPERATIONAL NEEDS FUND ........................... 100,000 100,000 

TOTAL, PROCUREMENT .............................................................................................. 9,687,241 9,676,655 


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1 TITLE XLII—RESEARCH, DEVEL2 OPMENT, TEST, AND EVALUA3 TION 

4 SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUA5 TION. 

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2013 Request 

Senate 

Authorized 

RESEARCH, DEVELOPMENT, TEST & EVAL, ARMY 

BASIC RESEARCH 

001 0601101A IN-HOUSE LABORATORY INDEPENDENT RESEARCH ......................... 20,860 20,860 

002 0601102A DEFENSE RESEARCH SCIENCES ................................................................ 219,180 219,180 

003 0601103A UNIVERSITY RESEARCH INITIATIVES ...................................................... 80,986 80,986 

004 0601104A UNIVERSITY AND INDUSTRY RESEARCH CENTERS ............................ 123,045 123,045 

SUBTOTAL, BASIC RESEARCH ........................................................... 444,071 444,071 

APPLIED RESEARCH 

005 0602105A MATERIALS TECHNOLOGY ............................................................................ 29,041 29,041 

006 0602120A SENSORS AND ELECTRONIC SURVIVABILITY ........................................ 45,260 45,260 

007 0602122A TRACTOR HIP .................................................................................................... 22,439 22,439 

008 0602211A AVIATION TECHNOLOGY ................................................................................ 51,607 51,607 

009 0602270A ELECTRONIC WARFARE TECHNOLOGY .................................................... 15,068 15,068 

010 0602303A MISSILE TECHNOLOGY .................................................................................. 49,383 49,383 

011 0602307A ADVANCED WEAPONS TECHNOLOGY ........................................................ 25,999 25,999 

012 0602308A ADVANCED CONCEPTS AND SIMULATION ............................................... 23,507 23,507 

013 0602601A COMBAT VEHICLE AND AUTOMOTIVE TECHNOLOGY ......................... 69,062 69,062 

014 0602618A BALLISTICS TECHNOLOGY ........................................................................... 60,823 60,823 

015 0602622A CHEMICAL, SMOKE AND EQUIPMENT DEFEATING TECHNOLOGY 4,465 4,465 

016 0602623A JOINT SERVICE SMALL ARMS PROGRAM ................................................ 7,169 7,169 

017 0602624A WEAPONS AND MUNITIONS TECHNOLOGY .............................................. 35,218 35,218 

018 0602705A ELECTRONICS AND ELECTRONIC DEVICES ........................................... 60,300 60,300 

019 0602709A NIGHT VISION TECHNOLOGY ....................................................................... 53,244 53,244 

020 0602712A COUNTERMINE SYSTEMS .............................................................................. 18,850 18,850 

021 0602716A HUMAN FACTORS ENGINEERING TECHNOLOGY .................................. 19,872 19,872 

022 0602720A ENVIRONMENTAL QUALITY TECHNOLOGY ............................................. 20,095 20,095 

023 0602782A COMMAND, CONTROL, COMMUNICATIONS TECHNOLOGY ................... 28,852 28,852 

024 0602783A COMPUTER AND SOFTWARE TECHNOLOGY ........................................... 9,830 9,830 

025 0602784A MILITARY ENGINEERING TECHNOLOGY .................................................. 70,693 70,693 

026 0602785A MANPOWER/PERSONNEL/TRAINING TECHNOLOGY .............................. 17,781 17,781 

027 0602786A WARFIGHTER TECHNOLOGY ........................................................................ 28,281 28,281 

028 0602787A MEDICAL TECHNOLOGY ................................................................................. 107,891 107,891

SUBTOTAL, APPLIED RESEARCH ..................................................... 874,730 874,730 

ADVANCED TECHNOLOGY DEVELOPMENT 

029 0603001A WARFIGHTER ADVANCED TECHNOLOGY ................................................. 39,359 39,359 

030 0603002A MEDICAL ADVANCED TECHNOLOGY .......................................................... 69,580 69,580 

031 0603003A AVIATION ADVANCED TECHNOLOGY ......................................................... 64,215 64,215 

032 0603004A WEAPONS AND MUNITIONS ADVANCED TECHNOLOGY ....................... 67,613 67,613 

033 0603005A COMBAT VEHICLE AND AUTOMOTIVE ADVANCED TECHNOLOGY .. 104,359 104,359 

034 0603006A COMMAND, CONTROL, COMMUNICATIONS ADVANCED TECHNOLOGY ........................................................................................................... 4,157 4,157 

035 0603007A MANPOWER, PERSONNEL AND TRAINING ADVANCED TECHNOLOGY ........................................................................................................... 9,856 9,856 

036 0603008A ELECTRONIC WARFARE ADVANCED TECHNOLOGY ............................. 50,661 50,661 

037 0603009A TRACTOR HIKE ................................................................................................. 9,126 9,126 

038 0603015A NEXT GENERATION TRAINING & SIMULATION SYSTEMS ................. 17,257 17,257 

039 0603020A TRACTOR ROSE ................................................................................................. 9,925 9,925 

040 0603105A MILITARY HIV RESEARCH ............................................................................ 6,984 6,984 

041 0603125A COMBATING TERRORISM—TECHNOLOGY DEVELOPMENT ............... 9,716 9,716 

042 0603130A TRACTOR NAIL .................................................................................................. 3,487 3,487 

043 0603131A TRACTOR EGGS ................................................................................................. 2,323 2,323 

044 0603270A ELECTRONIC WARFARE TECHNOLOGY .................................................... 21,683 21,683 

045 0603313A MISSILE AND ROCKET ADVANCED TECHNOLOGY ................................ 71,111 71,111 

046 0603322A TRACTOR CAGE ................................................................................................. 10,902 10,902 

047 0603461A HIGH PERFORMANCE COMPUTING MODERNIZATION PROGRAM ... 180,582 180,582 

048 0603606A LANDMINE WARFARE AND BARRIER ADVANCED TECHNOLOGY .... 27,204 27,204 

049 0603607A JOINT SERVICE SMALL ARMS PROGRAM ................................................ 6,095 6,095 

050 0603710A NIGHT VISION ADVANCED TECHNOLOGY ................................................ 37,217 37,217 

051 0603728A ENVIRONMENTAL QUALITY TECHNOLOGY DEMONSTRATIONS ....... 13,626 13,626 


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SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2013 Request 

Senate 

Authorized 

052 0603734A MILITARY ENGINEERING ADVANCED TECHNOLOGY ........................... 28,458 28,458 

053 0603772A ADVANCED TACTICAL COMPUTER SCIENCE AND SENSOR TECHNOLOGY ........................................................................................................... 25,226 25,226 

SUBTOTAL, ADVANCED TECHNOLOGY DEVELOPMENT ... 890,722 890,722 

ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES 

054 0603305A ARMY MISSILE DEFENSE SYSTEMS INTEGRATION ............................. 14,505 14,505 

055 0603308A ARMY SPACE SYSTEMS INTEGRATION ..................................................... 9,876 9,876 

056 0603619A LANDMINE WARFARE AND BARRIER—ADV DEV .................................. 5,054 5,054 

057 0603627A SMOKE, OBSCURANT AND TARGET DEFEATING SYS—ADV DEV .... 2,725 2,725 

058 0603639A TANK AND MEDIUM CALIBER AMMUNITION .......................................... 30,560 30,560 

059 0603653A ADVANCED TANK ARMAMENT SYSTEM (ATAS) ...................................... 14,347 14,347 

060 0603747A SOLDIER SUPPORT AND SURVIVABILITY ............................................... 10,073 10,073 

061 0603766A TACTICAL ELECTRONIC SURVEILLANCE SYSTEM—ADV DEV ......... 8,660 8,660 

062 0603774A NIGHT VISION SYSTEMS ADVANCED DEVELOPMENT ......................... 10,715 10,715 

063 0603779A ENVIRONMENTAL QUALITY TECHNOLOGY—DEM/VAL ....................... 4,631 4,631 

064 0603782A WARFIGHTER INFORMATION NETWORK-TACTICAL—DEM/VAL ...... 278,018 278,018 

065 0603790A NATO RESEARCH AND DEVELOPMENT .................................................... 4,961 4,961 

066 0603801A AVIATION—ADV DEV ....................................................................................... 8,602 8,602

067 0603804A LOGISTICS AND ENGINEER EQUIPMENT—ADV DEV ........................... 14,605 14,605 

068 0603805A COMBAT SERVICE SUPPORT CONTROL SYSTEM EVALUATION 

AND ANALYSIS .............................................................................................. 5,054 5,054 

069 0603807A MEDICAL SYSTEMS—ADV DEV .................................................................... 24,384 24,384 

070 0603827A SOLDIER SYSTEMS—ADVANCED DEVELOPMENT ................................ 32,050 32,050 

071 0603850A INTEGRATED BROADCAST SERVICE ......................................................... 96 96 

072 0604115A TECHNOLOGY MATURATION INITIATIVES .............................................. 24,868 24,868 

073 0604131A TRACTOR JUTE ................................................................................................. 59 59

074 0604284A JOINT COOPERATIVE TARGET IDENTIFICATION—GROUND (JCTIG)/TECHNOLOGY DEV ................................................................................. 0 0 

075 0604319A INDIRECT FIRE PROTECTION CAPABILITY INCREMENT 2–INTERCEPT (IFPC2) .................................................................................................. 76,039 76,039 

076 0604775A DEFENSE RAPID INNOVATION PROGRAM ............................................... 0 0 

077 0604785A INTEGRATED BASE DEFENSE (BUDGET ACTIVITY 4) ........................ 4,043 4,043 

078 0305205A ENDURANCE UAVS ........................................................................................... 26,196 26,196 

SUBTOTAL, ADVANCED COMPONENT DEVELOPMENT & 

PROTOTYPES ............................................................................................ 610,121 610,121 

SYSTEM DEVELOPMENT & DEMONSTRATION 

079 0604201A AIRCRAFT AVIONICS ....................................................................................... 78,538 78,538 

080 0604220A ARMED, DEPLOYABLE HELOS ..................................................................... 90,494 90,494 

081 0604270A ELECTRONIC WARFARE DEVELOPMENT ................................................. 181,347 181,347 

082 0604280A JOINT TACTICAL RADIO ................................................................................. 0 0 

083 0604290A MID-TIER NETWORKING VEHICULAR RADIO (MNVR) ......................... 12,636 12,636 

084 0604321A ALL SOURCE ANALYSIS SYSTEM ................................................................ 5,694 5,694 

085 0604328A TRACTOR CAGE ................................................................................................. 32,095 32,095 

086 0604601A INFANTRY SUPPORT WEAPONS ................................................................... 96,478 96,478 

087 0604604A MEDIUM TACTICAL VEHICLES .................................................................... 3,006 3,006 

088 0604609A SMOKE, OBSCURANT AND TARGET DEFEATING SYS—ENG DEV .... 0 0 

089 0604611A JAVELIN ............................................................................................................... 5,040 5,040 

090 0604622A FAMILY OF HEAVY TACTICAL VEHICLES ................................................ 3,077 3,077 

091 0604633A AIR TRAFFIC CONTROL .................................................................................. 9,769 9,769 

092 0604641A TACTICAL UNMANNED GROUND VEHICLE (TUGV) ............................... 13,141 25,141 

Transfer from OPA line 191 at Army request ............................................... [12,000] 

093 0604642A LIGHT TACTICAL WHEELED VEHICLES .................................................. 0 0 

094 0604661A FCS SYSTEMS OF SYSTEMS ENGR & PROGRAM MGMT ...................... 0 0 

095 0604662A FCS RECONNAISSANCE (UAV) PLATFORMS ............................................. 0 0 

096 0604663A FCS UNMANNED GROUND VEHICLES ....................................................... 0 0 

097 0604664A FCS UNATTENDED GROUND SENSORS ..................................................... 0 0 

098 0604665A FCS SUSTAINMENT & TRAINING R&D ....................................................... 0 0 

099 0604710A NIGHT VISION SYSTEMS—ENG DEV .......................................................... 32,621 32,621 

100 0604713A COMBAT FEEDING, CLOTHING, AND EQUIPMENT ................................ 2,132 2,132 

101 0604715A NON-SYSTEM TRAINING DEVICES—ENG DEV ........................................ 44,787 44,787 

102 0604716A TERRAIN INFORMATION—ENG DEV .......................................................... 1,008 1,008 

103 0604741A AIR DEFENSE COMMAND, CONTROL AND INTELLIGENCE—ENG 

DEV ................................................................................................................... 73,333 73,333 

104 0604742A CONSTRUCTIVE SIMULATION SYSTEMS DEVELOPMENT ................... 28,937 28,937 

105 0604746A AUTOMATIC TEST EQUIPMENT DEVELOPMENT ................................... 10,815 10,815 

106 0604760A DISTRIBUTIVE INTERACTIVE SIMULATIONS (DIS)—ENG DEV ....... 13,926 13,926 

107 0604780A COMBINED ARMS TACTICAL TRAINER (CATT) CORE .......................... 17,797 17,797 

108 0604798A BRIGADE ANALYSIS, INTEGRATION AND EVALUATION ..................... 214,270 214,270 

109 0604802A WEAPONS AND MUNITIONS—ENG DEV .................................................... 14,581 14,581 

110 0604804A LOGISTICS AND ENGINEER EQUIPMENT—ENG DEV .......................... 43,706 43,706 

111 0604805A COMMAND, CONTROL, COMMUNICATIONS SYSTEMS—ENG DEV ..... 20,776 20,776 

112 0604807A MEDICAL MATERIEL/MEDICAL BIOLOGICAL DEFENSE EQUIPMENT—ENG DEV .......................................................................................... 43,395 43,395 

113 0604808A LANDMINE WARFARE/BARRIER—ENG DEV ............................................ 104,983 104,983 

114 0604814A ARTILLERY MUNITIONS—EMD ................................................................... 4,346 4,346 


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(In Thousands of Dollars) 

Line Program 

Element Item FY 2013 Request 

Senate 

Authorized 

115 0604817A COMBAT IDENTIFICATION ............................................................................ 0 0 

116 0604818A ARMY TACTICAL COMMAND & CONTROL HARDWARE & SOFTWARE ................................................................................................................ 77,223 77,223 

117 0604820A RADAR DEVELOPMENT .................................................................................. 3,486 3,486 

118 0604822A GENERAL FUND ENTERPRISE BUSINESS SYSTEM (GFEBS) ............ 9,963 27,163 

GFEBS realignment per Army request .......................................................... [17,200] 

119 0604823A FIREFINDER ...................................................................................................... 20,517 20,517 

120 0604827A SOLDIER SYSTEMS—WARRIOR DEM/VAL ................................................ 51,851 51,851 

121 0604854A ARTILLERY SYSTEMS—EMD ........................................................................ 167,797 167,797 

122 0604869A PATRIOT/MEADS COMBINED AGGREGATE PROGRAM (CAP) ............. 400,861 0 

No funds authorized .......................................................................................... [–400,861] 

123 0604870A NUCLEAR ARMS CONTROL MONITORING SENSOR NETWORK .......... 7,922 7,922 

124 0605013A INFORMATION TECHNOLOGY DEVELOPMENT ....................................... 51,463 51,463 

125 0605018A INTEGRATED PERSONNEL AND PAY SYSTEM-ARMY (IPPS-A) .......... 158,646 158,646 

126 0605450A JOINT AIR-TO-GROUND MISSILE (JAGM) ................................................. 10,000 10,000 

127 0605455A SLAMRAAM .......................................................................................................... 0 0 

128 0605456A PAC–3/MSE MISSILE ........................................................................................ 69,029 69,029 

129 0605457A ARMY INTEGRATED AIR AND MISSILE DEFENSE (AIAMD) .............. 277,374 277,374 

130 0605625A MANNED GROUND VEHICLE ......................................................................... 639,874 639,874 

131 0605626A AERIAL COMMON SENSOR ............................................................................ 47,426 47,426 

132 0605812A JOINT LIGHT TACTICAL VEHICLE (JLTV) ENGINEERING AND 

MANUFACTURING DEVELOPMENT PH .................................................. 72,295 72,295 

133 0303032A TROJAN—RH12 .................................................................................................. 4,232 4,232 

134 0304270A ELECTRONIC WARFARE DEVELOPMENT ................................................. 13,942 13,942 

SUBTOTAL, SYSTEM DEVELOPMENT & DEMONSTRATION ................................................................................................................ 3,286,629 2,914,968 

RDT&E MANAGEMENT SUPPORT 

135 0604256A THREAT SIMULATOR DEVELOPMENT ...................................................... 18,090 18,090 

136 0604258A TARGET SYSTEMS DEVELOPMENT ............................................................ 14,034 14,034 

137 0604759A MAJOR T&E INVESTMENT ............................................................................. 37,394 37,394 

138 0605103A RAND ARROYO CENTER ................................................................................. 21,026 21,026 

139 0605301A ARMY KWAJALEIN ATOLL ............................................................................. 176,816 176,816 

140 0605326A CONCEPTS EXPERIMENTATION PROGRAM ............................................. 27,902 27,902 

141 0605502A SMALL BUSINESS INNOVATIVE RESEARCH ........................................... 0 0 

142 0605601A ARMY TEST RANGES AND FACILITIES ..................................................... 369,900 369,900 

143 0605602A ARMY TECHNICAL TEST INSTRUMENTATION AND TARGETS .......... 69,183 69,183 

144 0605604A SURVIVABILITY/LETHALITY ANALYSIS .................................................... 44,753 44,753 

145 0605605A DOD HIGH ENERGY LASER TEST FACILITY .......................................... 0 0 

146 0605606A AIRCRAFT CERTIFICATION ........................................................................... 5,762 5,762 

147 0605702A METEOROLOGICAL SUPPORT TO RDT&E ACTIVITIES ........................ 7,402 7,402 

148 0605706A MATERIEL SYSTEMS ANALYSIS .................................................................. 19,954 19,954 

149 0605709A EXPLOITATION OF FOREIGN ITEMS ......................................................... 5,535 5,535 

150 0605712A SUPPORT OF OPERATIONAL TESTING ..................................................... 67,789 67,789 

151 0605716A ARMY EVALUATION CENTER ........................................................................ 62,765 62,765 

152 0605718A ARMY MODELING & SIM X-CMD COLLABORATION & INTEG ............. 1,545 1,545 

153 0605801A PROGRAMWIDE ACTIVITIES ......................................................................... 83,422 83,422 

154 0605803A TECHNICAL INFORMATION ACTIVITIES ................................................... 50,820 50,820 

155 0605805A MUNITIONS STANDARDIZATION, EFFECTIVENESS AND SAFETY ... 46,763 46,763 

156 0605857A ENVIRONMENTAL QUALITY TECHNOLOGY MGMT SUPPORT ............ 4,601 4,601 

157 0605898A MANAGEMENT HQ—R&D ............................................................................... 18,524 18,524 

158 0909999A FINANCING FOR CANCELLED ACCOUNT ADJUSTMENTS ................... 0 0 

SUBTOTAL, RDT&E MANAGEMENT SUPPORT ......................... 1,153,980 1,153,980 

OPERATIONAL SYSTEMS DEVELOPMENT 

159 0603778A MLRS PRODUCT IMPROVEMENT PROGRAM ............................................ 143,005 143,005 

160 0607665A FAMILY OF BIOMETRICS ............................................................................... 0 0 

161 0607865A PATRIOT PRODUCT IMPROVEMENT .......................................................... 109,978 109,978 

162 0102419A AEROSTAT JOINT PROJECT OFFICE ......................................................... 190,422 190,422 

163 0203347A INTELLIGENCE SUPPORT TO CYBER (ISC) MIP .................................... 0 0 

164 0203726A ADV FIELD ARTILLERY TACTICAL DATA SYSTEM ............................... 32,556 32,556 

165 0203735A COMBAT VEHICLE IMPROVEMENT PROGRAMS ..................................... 253,959 253,959 

166 0203740A MANEUVER CONTROL SYSTEM .................................................................... 68,325 68,325 

167 0203744A AIRCRAFT MODIFICATIONS/PRODUCT IMPROVEMENT PROGRAMS 280,247 226,247 

Improved turbine engine program delay ........................................................ [–54,000] 

168 0203752A AIRCRAFT ENGINE COMPONENT IMPROVEMENT PROGRAM ............ 898 898 

169 0203758A DIGITIZATION ................................................................................................... 35,180 35,180 

170 0203759A FORCE XXI BATTLE COMMAND, BRIGADE AND BELOW (FBCB2) .... 0 0 

171 0203801A MISSILE/AIR DEFENSE PRODUCT IMPROVEMENT PROGRAM ......... 20,733 20,733 

172 0203808A TRACTOR CARD ................................................................................................. 63,243 63,243 

173 0208053A JOINT TACTICAL GROUND SYSTEM ........................................................... 31,738 31,738 

174 0208058A JOINT HIGH SPEED VESSEL (JHSV) ......................................................... 35 35 

176 0303028A SECURITY AND INTELLIGENCE ACTIVITIES .......................................... 7,591 7,591 

177 0303140A INFORMATION SYSTEMS SECURITY PROGRAM ..................................... 15,961 15,961 

178 0303141A GLOBAL COMBAT SUPPORT SYSTEM ........................................................ 120,927 120,927 

179 0303142A SATCOM GROUND ENVIRONMENT (SPACE) ............................................. 15,756 15,756 

180 0303150A WWMCCS/GLOBAL COMMAND AND CONTROL SYSTEM ........................ 14,443 14,443 

182 0305204A TACTICAL UNMANNED AERIAL VEHICLES ............................................. 31,303 31,303 


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(In Thousands of Dollars) 

Line Program 

Element Item FY 2013 Request 

Senate 

Authorized 

183 0305208A DISTRIBUTED COMMON GROUND/SURFACE SYSTEMS ...................... 40,876 40,876 

184 0305219A MQ–1 SKY WARRIOR A UAV ........................................................................... 74,618 74,618 

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 ENABLED INTELLIGENCE .................................................. 15,248 15,248 

189 0708045A END ITEM INDUSTRIAL PREPAREDNESS ACTIVITIES ....................... 59,908 59,908 

189A 9999999999 CLASSIFIED PROGRAMS ................................................................................ 4,628 4,628 

SUBTOTAL, OPERATIONAL SYSTEMS DEVELOPMENT ....... 1,669,162 1,615,162 

TOTAL, RESEARCH, DEVELOPMENT, TEST & EVAL, 

ARMY .............................................................................................................. 8,929,415 8,503,754 

RESEARCH, DEVELOPMENT, TEST & EVAL, NAVY 

BASIC RESEARCH 

001 0601103N UNIVERSITY RESEARCH INITIATIVES ...................................................... 113,690 113,690 

002 0601152N IN-HOUSE LABORATORY INDEPENDENT RESEARCH ......................... 18,261 18,261 

003 0601153N DEFENSE RESEARCH SCIENCES ................................................................ 473,070 473,070 

SUBTOTAL, BASIC RESEARCH ........................................................... 605,021 605,021 

APPLIED RESEARCH 

004 0602114N POWER PROJECTION APPLIED RESEARCH ............................................ 89,189 89,189 

005 0602123N FORCE PROTECTION APPLIED RESEARCH ............................................ 143,301 143,301 

006 0602131M MARINE CORPS LANDING FORCE TECHNOLOGY .................................. 46,528 46,528 

007 0602235N COMMON PICTURE APPLIED RESEARCH ................................................ 41,696 41,696 

008 0602236N WARFIGHTER SUSTAINMENT APPLIED RESEARCH ........................... 44,127 44,127 

009 0602271N ELECTROMAGNETIC SYSTEMS APPLIED RESEARCH ......................... 78,228 78,228 

010 0602435N OCEAN WARFIGHTING ENVIRONMENT APPLIED RESEARCH .......... 49,635 49,635 

011 0602651M JOINT NON-LETHAL WEAPONS APPLIED RESEARCH ......................... 5,973 5,973 

012 0602747N UNDERSEA WARFARE APPLIED RESEARCH .......................................... 96,814 96,814 

013 0602750N FUTURE NAVAL CAPABILITIES APPLIED RESEARCH ........................ 162,417 162,417 

014 0602782N MINE AND EXPEDITIONARY WARFARE APPLIED RESEARCH ......... 32,394 32,394 

SUBTOTAL, APPLIED RESEARCH ..................................................... 790,302 790,302 

ADVANCED TECHNOLOGY DEVELOPMENT 

015 0603114N POWER PROJECTION ADVANCED TECHNOLOGY ................................... 56,543 56,543 

016 0603123N FORCE PROTECTION ADVANCED TECHNOLOGY ................................... 18,616 18,616 

017 0603235N COMMON PICTURE ADVANCED TECHNOLOGY ....................................... 0 0 

018 0603236N WARFIGHTER SUSTAINMENT ADVANCED TECHNOLOGY .................. 0 0 

019 0603271N ELECTROMAGNETIC SYSTEMS ADVANCED TECHNOLOGY ................ 54,858 54,858 

020 0603640M USMC ADVANCED TECHNOLOGY DEMONSTRATION (ATD) ................ 130,598 130,598 

021 0603651M JOINT NON-LETHAL WEAPONS TECHNOLOGY DEVELOPMENT ....... 11,706 11,706 

022 0603673N FUTURE NAVAL CAPABILITIES ADVANCED TECHNOLOGY DEVELOPMENT ........................................................................................................... 256,382 256,382 

023 0603729N WARFIGHTER PROTECTION ADVANCED TECHNOLOGY ..................... 3,880 3,880 

024 0603747N UNDERSEA WARFARE ADVANCED TECHNOLOGY ................................. 0 0 

025 0603758N NAVY WARFIGHTING EXPERIMENTS AND DEMONSTRATIONS ........ 51,819 51,819 

026 0603782N MINE AND EXPEDITIONARY WARFARE ADVANCED TECHNOLOGY 0 0 

SUBTOTAL, ADVANCED TECHNOLOGY DEVELOPMENT ... 584,402 584,402 

ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES 

027 0603128N UNMANNED AERIAL SYSTEM ....................................................................... 0 0 

028 0603207N AIR/OCEAN TACTICAL APPLICATIONS ...................................................... 34,085 34,085 

029 0603216N AVIATION SURVIVABILITY ............................................................................ 8,783 8,783 

030 0603237N DEPLOYABLE JOINT COMMAND AND CONTROL .................................... 3,773 3,773 

031 0603251N AIRCRAFT SYSTEMS ........................................................................................ 24,512 24,512 

032 0603254N ASW SYSTEMS DEVELOPMENT .................................................................... 8,090 8,090 

033 0603261N TACTICAL AIRBORNE RECONNAISSANCE ................................................ 5,301 5,301 

034 0603382N ADVANCED COMBAT SYSTEMS TECHNOLOGY ........................................ 1,506 1,506 

035 0603502N SURFACE AND SHALLOW WATER MINE COUNTERMEASURES ........ 190,622 190,622 

036 0603506N SURFACE SHIP TORPEDO DEFENSE ........................................................ 93,346 93,346 

037 0603512N CARRIER SYSTEMS DEVELOPMENT .......................................................... 108,871 108,871 

038 0603513N SHIPBOARD SYSTEM COMPONENT DEVELOPMENT ............................ 0 0 

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 CONTROL ............................................................................. 777 777 

043 0603553N SURFACE ASW ................................................................................................... 6,704 6,704 

044 0603561N ADVANCED SUBMARINE SYSTEM DEVELOPMENT ............................... 555,123 555,123 

045 0603562N SUBMARINE TACTICAL WARFARE SYSTEMS .......................................... 9,368 9,368 

046 0603563N SHIP CONCEPT ADVANCED DESIGN .......................................................... 24,609 24,609 

047 0603564N SHIP PRELIMINARY DESIGN & FEASIBILITY STUDIES ..................... 13,710 13,710 

048 0603570N ADVANCED NUCLEAR POWER SYSTEMS .................................................. 249,748 249,748 

049 0603573N ADVANCED SURFACE MACHINERY SYSTEMS ........................................ 29,897 29,897 

050 0603576N CHALK EAGLE ................................................................................................... 509,988 509,988 

051 0603581N LITTORAL COMBAT SHIP (LCS) ................................................................... 429,420 429,420 

052 0603582N COMBAT SYSTEM INTEGRATION ................................................................. 56,551 56,551 

053 0603609N CONVENTIONAL MUNITIONS ........................................................................ 7,342 7,342 


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(In Thousands of Dollars) 

Line Program 

Element Item FY 2013 Request 

Senate 

Authorized 

054 0603611M MARINE CORPS ASSAULT VEHICLES ........................................................ 95,182 95,182 

055 0603635M MARINE CORPS GROUND COMBAT/SUPPORT SYSTEM ....................... 10,496 10,496 

056 0603654N JOINT SERVICE EXPLOSIVE ORDNANCE DEVELOPMENT .................. 52,331 52,331 

057 0603658N COOPERATIVE ENGAGEMENT ...................................................................... 56,512 56,512 

058 0603713N OCEAN ENGINEERING TECHNOLOGY DEVELOPMENT ........................ 7,029 7,029 

059 0603721N ENVIRONMENTAL PROTECTION .................................................................. 21,080 21,080 

060 0603724N NAVY ENERGY PROGRAM ............................................................................... 55,324 55,324 

061 0603725N FACILITIES IMPROVEMENT .......................................................................... 3,401 3,401 

062 0603734N CHALK CORAL ................................................................................................... 45,966 45,966 

063 0603739N NAVY LOGISTIC PRODUCTIVITY .................................................................. 3,811 3,811 

064 0603746N RETRACT MAPLE .............................................................................................. 341,305 341,305 

065 0603748N LINK PLUMERIA ............................................................................................... 181,220 181,220 

066 0603751N RETRACT ELM ................................................................................................... 174,014 174,014 

067 0603755N SHIP SELF DEFENSE—DEM/VAL ............................................................... 0 0 

068 0603764N LINK EVERGREEN ............................................................................................ 68,654 68,654 

069 0603787N SPECIAL PROCESSES ..................................................................................... 44,487 44,487 

070 0603790N NATO RESEARCH AND DEVELOPMENT .................................................... 9,389 9,389 

071 0603795N LAND ATTACK TECHNOLOGY ....................................................................... 16,132 16,132 

072 0603851M JOINT NON-LETHAL WEAPONS TESTING ................................................. 44,994 44,994 

073 0603860N JOINT PRECISION APPROACH AND LANDING SYSTEMS—DEM/VAL 137,369 137,369 

074 0603889N COUNTERDRUG RDT&E PROJECTS ........................................................... 0 0 

075 0603925N DIRECTED ENERGY AND ELECTRIC WEAPON SYSTEMS ................... 0 0 

076 0604272N TACTICAL AIR DIRECTIONAL INFRARED COUNTERMEASURES 

(TADIRCM) ...................................................................................................... 73,934 73,934 

077 0604279N ASE SELF-PROTECTION OPTIMIZATION .................................................. 711 711 

078 0604653N JOINT COUNTER RADIO CONTROLLED IED ELECTRONIC WARFARE (JCREW) ............................................................................................... 71,300 71,300 

079 0604659N PRECISION STRIKE WEAPONS DEVELOPMENT PROGRAM ............... 5,654 5,654 

080 0604707N SPACE AND ELECTRONIC WARFARE (SEW) ARCHITECTURE/ENGINEERING SUPPORT ................................................................................. 31,549 31,549 

081 0604775N DEFENSE RAPID INNOVATION PROGRAM ............................................... 0 0 

082 0604786N OFFENSIVE ANTI-SURFACE WARFARE WEAPON DEVELOPMENT ... 86,801 86,801 

083 0605812M JOINT LIGHT TACTICAL VEHICLE (JLTV) ENGINEERING AND 

MANUFACTURING DEVELOPMENT PH .................................................. 44,500 44,500 

084 0303354N ASW SYSTEMS DEVELOPMENT—MIP ........................................................ 13,172 13,172 

085 0303562N SUBMARINE TACTICAL WARFARE SYSTEMS—MIP .............................. 0 0 

086 0304270N ELECTRONIC WARFARE DEVELOPMENT—MIP ..................................... 643 643 

SUBTOTAL, ADVANCED COMPONENT DEVELOPMENT & 

PROTOTYPES ............................................................................................ 4,335,297 4,335,297 

SYSTEM DEVELOPMENT & DEMONSTRATION 

087 0604212N OTHER HELO DEVELOPMENT ..................................................................... 33,978 33,978 

088 0604214N AV–8B AIRCRAFT—ENG DEV ........................................................................ 32,789 32,789 

089 0604215N STANDARDS DEVELOPMENT ........................................................................ 84,988 84,988 

090 0604216N MULTI-MISSION HELICOPTER UPGRADE DEVELOPMENT ................ 6,866 6,866 

091 0604218N AIR/OCEAN EQUIPMENT ENGINEERING .................................................. 4,060 4,060 

092 0604221N P–3 MODERNIZATION PROGRAM ................................................................ 3,451 3,451 

093 0604230N WARFARE SUPPORT SYSTEM ...................................................................... 13,071 13,071 

094 0604231N TACTICAL COMMAND SYSTEM ..................................................................... 71,645 71,645 

095 0604234N ADVANCED HAWKEYE .................................................................................... 119,065 119,065 

096 0604245N H–1 UPGRADES ................................................................................................. 31,105 31,105 

097 0604261N ACOUSTIC SEARCH SENSORS ...................................................................... 34,299 34,299 

098 0604262N V–22A ..................................................................................................................... 54,412 54,412 

099 0604264N AIR CREW SYSTEMS DEVELOPMENT ........................................................ 2,717 2,717 

100 0604269N EA–18 .................................................................................................................... 13,009 13,009 

101 0604270N ELECTRONIC WARFARE DEVELOPMENT ................................................. 51,304 51,304 

102 0604273N VH–71A EXECUTIVE HELO DEVELOPMENT ............................................ 61,163 61,163 

103 0604274N NEXT GENERATION JAMMER (NGJ) ........................................................... 187,024 187,024 

104 0604280N JOINT TACTICAL RADIO SYSTEM—NAVY (JTRS-NAVY) ....................... 337,480 337,480 

105 0604307N SURFACE COMBATANT COMBAT SYSTEM ENGINEERING .................. 260,616 260,616 

106 0604311N LPD–17 CLASS SYSTEMS INTEGRATION ................................................... 824 824 

107 0604329N SMALL DIAMETER BOMB (SDB) .................................................................. 31,064 31,064 

108 0604366N STANDARD MISSILE IMPROVEMENTS ...................................................... 63,891 63,891 

109 0604373N AIRBORNE MCM ................................................................................................ 73,246 73,246 

110 0604376M MARINE AIR GROUND TASK FORCE (MAGTF) ELECTRONIC WARFARE (EW) FOR AVIATION ........................................................................ 10,568 10,568 

111 0604378N NAVAL INTEGRATED FIRE CONTROL—COUNTER AIR SYSTEMS 

ENGINEERING ............................................................................................... 39,974 39,974 

112 0604404N UNMANNED CARRIER LAUNCHED AIRBORNE SURVEILLANCE 

AND STRIKE (UCLASS) SYSTEM ............................................................. 122,481 122,481 

113 0604501N ADVANCED ABOVE WATER SENSORS ........................................................ 255,516 255,516 

114 0604503N SSN–688 AND TRIDENT MODERNIZATION ............................................... 82,620 82,620 

115 0604504N AIR CONTROL .................................................................................................... 5,633 5,633 

116 0604512N SHIPBOARD AVIATION SYSTEMS ................................................................ 55,826 55,826 

117 0604518N COMBAT INFORMATION CENTER CONVERSION ..................................... 918 918 

118 0604558N NEW DESIGN SSN ............................................................................................. 165,230 165,230 

119 0604562N SUBMARINE TACTICAL WARFARE SYSTEM ............................................ 49,141 49,141 

120 0604567N SHIP CONTRACT DESIGN/ LIVE FIRE T&E ............................................. 196,737 196,737 


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(In Thousands of Dollars) 

Line Program 

Element Item FY 2013 Request 

Senate 

Authorized 

121 0604574N NAVY TACTICAL COMPUTER RESOURCES ............................................... 3,889 3,889 

122 0604601N MINE DEVELOPMENT ..................................................................................... 8,335 8,335 

123 0604610N LIGHTWEIGHT TORPEDO DEVELOPMENT .............................................. 49,818 49,818 

124 0604654N JOINT SERVICE EXPLOSIVE ORDNANCE DEVELOPMENT .................. 10,099 10,099 

125 0604703N PERSONNEL, TRAINING, SIMULATION, AND HUMAN FACTORS ....... 7,348 7,348 

126 0604727N JOINT STANDOFF WEAPON SYSTEMS ....................................................... 5,518 5,518 

127 0604755N SHIP SELF DEFENSE (DETECT & CONTROL) ........................................ 87,662 87,662 

128 0604756N SHIP SELF DEFENSE (ENGAGE: HARD KILL) ....................................... 64,079 64,079 

129 0604757N SHIP SELF DEFENSE (ENGAGE: SOFT KILL/EW) ................................. 151,489 151,489 

130 0604761N INTELLIGENCE ENGINEERING .................................................................... 0 0 

131 0604771N MEDICAL DEVELOPMENT .............................................................................. 12,707 12,707 

132 0604777N NAVIGATION/ID SYSTEM ................................................................................ 47,764 47,764 

133 0604800M JOINT STRIKE FIGHTER (JSF)—EMD ....................................................... 737,149 737,149 

134 0604800N JOINT STRIKE FIGHTER (JSF)—EMD ....................................................... 743,926 743,926 

135 0605013M INFORMATION TECHNOLOGY DEVELOPMENT ....................................... 12,143 12,143 

136 0605013N INFORMATION TECHNOLOGY DEVELOPMENT ....................................... 72,209 72,209 

137 0605018N NAVY INTEGRATED MILITARY HUMAN RESOURCES SYSTEM (NIMHRS) ............................................................................................................. 0 0 

138 0605212N CH–53K RDTE .................................................................................................... 606,204 606,204 

139 0605450N JOINT AIR-TO-GROUND MISSILE (JAGM) ................................................. 0 0 

140 0605500N MULTI-MISSION MARITIME AIRCRAFT (MMA) ....................................... 421,102 421,102 

141 0204202N DDG–1000 ............................................................................................................. 124,655 124,655 

142 0304231N TACTICAL COMMAND SYSTEM—MIP ......................................................... 1,170 1,170 

143 0304503N SSN–688 AND TRIDENT MODERNIZATION—MIP .................................... 0 0 

144 0304785N TACTICAL CRYPTOLOGIC SYSTEMS ........................................................... 23,255 23,255 

145 0305124N SPECIAL APPLICATIONS PROGRAM ........................................................... 0 0 

SUBTOTAL, SYSTEM DEVELOPMENT & DEMONSTRATION ................................................................................................................ 5,747,232 5,747,232 

RDT&E MANAGEMENT SUPPORT 

146 0604256N THREAT SIMULATOR DEVELOPMENT ...................................................... 30,790 30,790 

147 0604258N TARGET SYSTEMS DEVELOPMENT ............................................................ 59,221 59,221 

148 0604759N MAJOR T&E INVESTMENT ............................................................................. 35,894 35,894 

149 0605126N JOINT THEATER AIR AND MISSILE DEFENSE ORGANIZATION ...... 7,573 7,573 

150 0605152N STUDIES AND ANALYSIS SUPPORT—NAVY ............................................. 20,963 20,963 

151 0605154N CENTER FOR NAVAL ANALYSES ................................................................. 46,856 46,856 

152 0605502N SMALL BUSINESS INNOVATIVE RESEARCH ........................................... 0 0 

153 0605804N TECHNICAL INFORMATION SERVICES ..................................................... 796 796 

154 0605853N MANAGEMENT, TECHNICAL & INTERNATIONAL SUPPORT ............... 32,782 32,782 

155 0605856N STRATEGIC TECHNICAL SUPPORT ............................................................ 3,306 3,306 

156 0605861N RDT&E SCIENCE AND TECHNOLOGY MANAGEMENT .......................... 70,302 70,302 

157 0605863N RDT&E SHIP AND AIRCRAFT SUPPORT ................................................... 144,033 144,033 

158 0605864N TEST AND EVALUATION SUPPORT ............................................................ 342,298 342,298 

159 0605865N OPERATIONAL TEST AND EVALUATION CAPABILITY ......................... 16,399 16,399 

160 0605866N NAVY SPACE AND ELECTRONIC WARFARE (SEW) SUPPORT ............ 4,579 4,579 

161 0605867N SEW SURVEILLANCE/RECONNAISSANCE SUPPORT ............................. 8,000 8,000 

162 0605873M MARINE CORPS PROGRAM WIDE SUPPORT ............................................ 18,490 18,490 

163 0305885N TACTICAL CRYPTOLOGIC ACTIVITIES ...................................................... 2,795 2,795 

164 0804758N SERVICE SUPPORT TO JFCOM, JNTC ........................................................ 0 0 

165 0909999N FINANCING FOR CANCELLED ACCOUNT ADJUSTMENTS ................... 0 0 

SUBTOTAL, RDT&E MANAGEMENT SUPPORT ......................... 845,077 845,077 

OPERATIONAL SYSTEMS DEVELOPMENT 

167 0604402N UNMANNED COMBAT AIR VEHICLE (UCAV) ADVANCED COMPONENT AND PROTOTYPE DEVELOPMENT .............................................. 142,282 142,282 

168 0604717M MARINE CORPS COMBAT SERVICES SUPPORT ...................................... 0 0 

169 0604766M MARINE CORPS DATA SYSTEMS ................................................................. 0 0 

170 0101221N STRATEGIC SUB & WEAPONS SYSTEM SUPPORT ................................. 105,892 105,892 

171 0101224N SSBN SECURITY TECHNOLOGY PROGRAM .............................................. 34,729 34,729 

172 0101226N SUBMARINE ACOUSTIC WARFARE DEVELOPMENT ............................. 1,434 1,434 

173 0101402N NAVY STRATEGIC COMMUNICATIONS ....................................................... 19,208 19,208 

174 0203761N RAPID TECHNOLOGY TRANSITION (RTT) ................................................ 25,566 25,566 

175 0204136N F/A–18 SQUADRONS ......................................................................................... 188,299 188,299 

176 0204152N E–2 SQUADRONS ............................................................................................... 8,610 8,610 

177 0204163N FLEET TELECOMMUNICATIONS (TACTICAL) .......................................... 15,695 15,695 

178 0204228N SURFACE SUPPORT ......................................................................................... 4,171 4,171 

179 0204229N TOMAHAWK AND TOMAHAWK MISSION PLANNING CENTER 

(TMPC) .............................................................................................................. 11,265 11,265 

180 0204311N INTEGRATED SURVEILLANCE SYSTEM .................................................... 45,922 45,922 

181 0204413N AMPHIBIOUS TACTICAL SUPPORT UNITS (DISPLACEMENT 

CRAFT) ............................................................................................................. 8,435 8,435 

182 0204460M GROUND/AIR TASK ORIENTED RADAR (G/ATOR) .................................. 75,088 75,088 

183 0204571N CONSOLIDATED TRAINING SYSTEMS DEVELOPMENT ........................ 20,229 20,229 

184 0204574N CRYPTOLOGIC DIRECT SUPPORT ............................................................... 1,756 1,756 

185 0204575N ELECTRONIC WARFARE (EW) READINESS SUPPORT ......................... 19,843 19,843 

186 0205601N HARM IMPROVEMENT ..................................................................................... 11,477 11,477

187 0205604N TACTICAL DATA LINKS .................................................................................. 118,818 118,818 

188 0205620N SURFACE ASW COMBAT SYSTEM INTEGRATION ................................... 27,342 27,342 


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(In Thousands of Dollars) 

Line Program 

Element Item FY 2013 Request 

Senate 

Authorized 

189 0205632N MK–48 ADCAP ..................................................................................................... 28,717 28,717 

190 0205633N AVIATION IMPROVEMENTS ........................................................................... 89,157 89,157 

191 0205658N NAVY SCIENCE ASSISTANCE PROGRAM ................................................... 3,450 3,450 

192 0205675N OPERATIONAL NUCLEAR POWER SYSTEMS ........................................... 86,435 86,435 

193 0206313M MARINE CORPS COMMUNICATIONS SYSTEMS ....................................... 219,054 219,054 

194 0206623M MARINE CORPS GROUND COMBAT/SUPPORTING ARMS SYSTEMS 181,693 181,693 

195 0206624M MARINE CORPS COMBAT SERVICES SUPPORT ...................................... 58,393 58,393 

196 0206625M USMC INTELLIGENCE/ELECTRONIC WARFARE SYSTEMS (MIP) ..... 22,966 22,966 

197 0207161N TACTICAL AIM MISSILES ............................................................................... 21,107 21,107 

198 0207163N ADVANCED MEDIUM RANGE AIR-TO-AIR MISSILE (AMRAAM) ......... 2,857 2,857 

199 0208058N JOINT HIGH SPEED VESSEL (JHSV) ......................................................... 1,932 1,932 

204 0303109N SATELLITE COMMUNICATIONS (SPACE) .................................................. 188,482 188,482 

205 0303138N CONSOLIDATED AFLOAT NETWORK ENTERPRISE SERVICES 

(CANES) ............................................................................................................ 16,749 16,749 

206 0303140N INFORMATION SYSTEMS SECURITY PROGRAM ..................................... 26,307 26,307 

207 0303150M WWMCCS/GLOBAL COMMAND AND CONTROL SYSTEM ........................ 500 500 

208 0303238N CONSOLIDATED AFLOAT NETWORK ENTERPRISE SERVICES 

(CANES)—MIP ................................................................................................ 0 0 

210 0305149N COBRA JUDY ...................................................................................................... 17,091 17,091 

211 0305160N NAVY METEOROLOGICAL AND OCEAN SENSORS-SPACE (METOC) .. 810 810 

212 0305192N MILITARY INTELLIGENCE PROGRAM (MIP) ACTIVITIES ................... 8,617 8,617 

213 0305204N TACTICAL UNMANNED AERIAL VEHICLES ............................................. 9,066 9,066 

214 0305206N AIRBORNE RECONNAISSANCE SYSTEMS ................................................. 0 0 

215 0305207N MANNED RECONNAISSANCE SYSTEMS ..................................................... 30,654 30,654 

216 0305208M DISTRIBUTED COMMON GROUND/SURFACE SYSTEMS ...................... 25,917 25,917 

217 0305208N DISTRIBUTED COMMON GROUND/SURFACE SYSTEMS ...................... 14,676 14,676 

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 

222 0305234M SMALL (LEVEL 0) TACTICAL UAS (STUASL0) ......................................... 0 0 

223 0305234N SMALL (LEVEL 0) TACTICAL UAS (STUASL0) ......................................... 9,734 9,734 

224 0305237N MEDIUM RANGE MARITIME UAS ................................................................ 0 0 

225 0305239M RQ–21A ................................................................................................................. 22,343 22,343 

226 0308601N MODELING AND SIMULATION SUPPORT .................................................. 5,908 5,908 

227 0702207N DEPOT MAINTENANCE (NON-IF) ................................................................. 27,391 27,391 

228 0702239N AVIONICS COMPONENT IMPROVEMENT PROGRAM .............................. 0 0 

229 0708011N INDUSTRIAL PREPAREDNESS ..................................................................... 54,879 54,879 

230 0708730N MARITIME TECHNOLOGY (MARITECH) .................................................... 5,000 5,000 

230A 9999999999 CLASSIFIED PROGRAMS ................................................................................ 1,151,159 1,151,159 

SUBTOTAL, OPERATIONAL SYSTEMS DEVELOPMENT ....... 3,975,546 3,975,546 

230B PRIOR YEAR SAVINGS .................................................................................... –8,832 

Medium range maritime UAS cancellation .................................................... [–8,832] 

TOTAL, RESEARCH, DEVELOPMENT, TEST & EVAL, 

NAVY ............................................................................................................... 16,882,877 16,874,045 

RESEARCH, DEVELOPMENT, TEST & EVAL, AF 

BASIC RESEARCH 

001 0601102F DEFENSE RESEARCH SCIENCES ................................................................ 361,787 361,787 

002 0601103F UNIVERSITY RESEARCH INITIATIVES ...................................................... 141,153 141,153 

003 0601108F HIGH ENERGY LASER RESEARCH INITIATIVES .................................. 13,094 13,094 

SUBTOTAL, BASIC RESEARCH ........................................................... 516,034 516,034 

APPLIED RESEARCH 

004 0602102F MATERIALS ........................................................................................................ 114,166 114,166 

005 0602201F AEROSPACE VEHICLE TECHNOLOGIES ................................................... 120,719 120,719 

006 0602202F HUMAN EFFECTIVENESS APPLIED RESEARCH ................................... 89,319 89,319 

007 0602203F AEROSPACE PROPULSION ............................................................................ 232,547 232,547 

008 0602204F AEROSPACE SENSORS .................................................................................... 127,637 127,637 

009 0602601F SPACE TECHNOLOGY ...................................................................................... 98,375 98,375 

010 0602602F CONVENTIONAL MUNITIONS ........................................................................ 77,175 77,175 

011 0602605F DIRECTED ENERGY TECHNOLOGY ............................................................ 106,196 106,196 

012 0602788F DOMINANT INFORMATION SCIENCES AND METHODS ........................ 104,362 104,362 

013 0602890F HIGH ENERGY LASER RESEARCH ............................................................. 38,557 38,557 

SUBTOTAL, APPLIED RESEARCH ..................................................... 1,109,053 1,109,053 

ADVANCED TECHNOLOGY DEVELOPMENT 

014 0603112F ADVANCED MATERIALS FOR WEAPON SYSTEMS .................................. 47,890 47,890 

015 0603199F SUSTAINMENT SCIENCE AND TECHNOLOGY (S&T) ............................. 6,565 6,565 

016 0603203F ADVANCED AEROSPACE SENSORS ............................................................. 37,657 37,657 

017 0603211F AEROSPACE TECHNOLOGY DEV/DEMO .................................................... 81,376 81,376 

018 0603216F AEROSPACE PROPULSION AND POWER TECHNOLOGY ...................... 151,152 151,152 

019 0603270F ELECTRONIC COMBAT TECHNOLOGY ....................................................... 32,941 32,941 

020 0603401F ADVANCED SPACECRAFT TECHNOLOGY .................................................. 64,557 64,557 

021 0603444F MAUI SPACE SURVEILLANCE SYSTEM (MSSS) ...................................... 29,256 29,256 

022 0603456F HUMAN EFFECTIVENESS ADVANCED TECHNOLOGY DEVELOPMENT ................................................................................................................ 21,523 21,523 


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(In Thousands of Dollars) 

Line Program 

Element Item FY 2013 Request 

Senate 

Authorized 

023 0603601F CONVENTIONAL WEAPONS TECHNOLOGY ............................................... 36,352 36,352 

024 0603605F ADVANCED WEAPONS TECHNOLOGY ........................................................ 19,004 19,004 

025 0603680F MANUFACTURING TECHNOLOGY PROGRAM ........................................... 37,045 37,045 

026 0603788F BATTLESPACE KNOWLEDGE DEVELOPMENT AND DEMONSTRATION .................................................................................................................. 31,419 31,419 

027 0603924F HIGH ENERGY LASER ADVANCED TECHNOLOGY PROGRAM ........... 0 0 

SUBTOTAL, ADVANCED TECHNOLOGY DEVELOPMENT ... 596,737 596,737 

ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES 

028 0603260F INTELLIGENCE ADVANCED DEVELOPMENT ........................................... 3,866 3,866 

029 0603287F PHYSICAL SECURITY EQUIPMENT ............................................................ 3,704 3,704 

030 0603430F ADVANCED EHF MILSATCOM (SPACE) ...................................................... 229,171 227,671 

Excess funding ................................................................................................... [–1,500] 

031 0603432F POLAR MILSATCOM (SPACE) ........................................................................ 120,676 120,676 

032 0603438F SPACE CONTROL TECHNOLOGY .................................................................. 25,144 23,144 

Excess funding ................................................................................................... [–2,000] 

033 0603742F COMBAT IDENTIFICATION TECHNOLOGY ................................................ 32,243 32,243 

034 0603790F NATO RESEARCH AND DEVELOPMENT .................................................... 4,507 4,507 

035 0603791F INTERNATIONAL SPACE COOPERATIVE R&D ......................................... 652 652 

036 0603830F SPACE PROTECTION PROGRAM (SPP) ...................................................... 10,429 10,429 

037 0603850F INTEGRATED BROADCAST SERVICE—DEM/VAL ................................... 19,938 19,938 

038 0603851F INTERCONTINENTAL BALLISTIC MISSILE—DEM/VAL ........................ 71,181 71,181 

039 0603854F WIDEBAND GLOBAL SATCOM RDT&E (SPACE) ...................................... 12,027 12,027 

040 0603859F POLLUTION PREVENTION—DEM/VAL ....................................................... 2,054 2,054 

041 0603860F JOINT PRECISION APPROACH AND LANDING SYSTEMS—DEM/VAL 57,975 57,975 

042 0604015F LONG RANGE STRIKE ..................................................................................... 291,742 291,742 

043 0604283F BATTLE MGMT COM & CTRL SENSOR DEVELOPMENT ....................... 114,417 114,417 

044 0604317F TECHNOLOGY TRANSFER .............................................................................. 2,576 2,576 

045 0604327F HARD AND DEEPLY BURIED TARGET DEFEAT SYSTEM 

(HDBTDS) PROGRAM ................................................................................... 16,711 16,711 

046 0604330F JOINT DUAL ROLE AIR DOMINANCE MISSILE ....................................... 0 0 

047 0604337F REQUIREMENTS ANALYSIS AND MATURATION .................................... 16,343 16,343 

048 0604422F WEATHER SATELLITE FOLLOW-ON .......................................................... 2,000 2,000 

049 0604436F NEXT-GENERATION MILSATCOM TECHNOLOGY DEVELOPMENT .... 0 0 

050 0604635F GROUND ATTACK WEAPONS FUZE DEVELOPMENT ............................ 9,423 9,423 

051 0604775F DEFENSE RAPID INNOVATION PROGRAM ............................................... 0 0 

052 0604796F ALTERNATIVE FUELS ..................................................................................... 0 0 

053 0604830F AUTOMATED AIR-TO-AIR REFUELING ...................................................... 0 0 

054 0604857F OPERATIONALLY RESPONSIVE SPACE ..................................................... 0 45,000 

Restore Operationally Responsive Space ........................................................ [45,000] 

055 0604858F TECH TRANSITION PROGRAM ..................................................................... 37,558 34,558 

Excess funding ................................................................................................... [–3,000] 

056 0305164F NAVSTAR GLOBAL POSITIONING SYSTEM (USER EQUIPMENT) 

(SPACE) ............................................................................................................ 96,840 96,840 

057 0305178F NATIONAL POLAR-ORBITING OPERATIONAL ENVIRONMENTAL 

SATELLITE SYSTEM (NPOESS) ................................................................ 0 0 

SUBTOTAL, ADVANCED COMPONENT DEVELOPMENT & 

PROTOTYPES ............................................................................................ 1,181,177 1,219,677 

SYSTEM DEVELOPMENT & DEMONSTRATION 

058 0603840F GLOBAL BROADCAST SERVICE (GBS) ....................................................... 14,652 14,652 

059 0604222F NUCLEAR WEAPONS SUPPORT .................................................................... 25,713 25,713 

060 0604233F SPECIALIZED UNDERGRADUATE FLIGHT TRAINING ......................... 6,583 6,583 

061 0604270F ELECTRONIC WARFARE DEVELOPMENT ................................................. 1,975 1,975 

062 0604280F JOINT TACTICAL RADIO ................................................................................. 2,594 2,594 

063 0604281F TACTICAL DATA NETWORKS ENTERPRISE ............................................. 24,534 24,534 

064 0604287F PHYSICAL SECURITY EQUIPMENT ............................................................ 51 51 

065 0604329F SMALL DIAMETER BOMB (SDB)—EMD ..................................................... 143,000 143,000 

066 0604421F COUNTERSPACE SYSTEMS ............................................................................ 28,797 28,797 

067 0604425F SPACE SITUATION AWARENESS SYSTEMS ............................................. 267,252 247,252 

Excess funding ................................................................................................... [–20,000] 

068 0604429F AIRBORNE ELECTRONIC ATTACK .............................................................. 4,118 4,118 

069 0604441F SPACE BASED INFRARED SYSTEM (SBIRS) HIGH EMD ..................... 448,594 446,594 

Excess funding ................................................................................................... [–2,000] 

070 0604602F ARMAMENT/ORDNANCE DEVELOPMENT .................................................. 9,951 9,951 

071 0604604F SUBMUNITIONS ................................................................................................. 2,567 2,567 

072 0604617F AGILE COMBAT SUPPORT ............................................................................. 13,059 13,059 

073 0604706F LIFE SUPPORT SYSTEMS .............................................................................. 9,720 9,720 

074 0604735F COMBAT TRAINING RANGES ......................................................................... 9,222 9,222 

075 0604740F INTEGRATED COMMAND & CONTROL APPLICATIONS (IC2A) ........... 0 0 

076 0604750F INTELLIGENCE EQUIPMENT ........................................................................ 803 803 

077 0604800F F–35—EMD .......................................................................................................... 1,210,306 1,210,306 

078 0604851F INTERCONTINENTAL BALLISTIC MISSILE—EMD ................................. 135,437 135,437 

079 0604853F EVOLVED EXPENDABLE LAUNCH VEHICLE PROGRAM (SPACE)— 

EMD ................................................................................................................... 7,980 7,980 

080 0604932F LONG RANGE STANDOFF WEAPON ............................................................. 2,004 2,004 

081 0604933F ICBM FUZE MODERNIZATION ..................................................................... 73,512 73,512 


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(In Thousands of Dollars) 

Line Program 

Element Item FY 2013 Request 

Senate 

Authorized 

082 0605213F F–22 MODERNIZATION INCREMENT 3.2B ................................................. 140,100 140,100 

083 0605221F NEXT GENERATION AERIAL REFUELING AIRCRAFT .......................... 1,815,588 1,728,458 

Excess prior year funds .................................................................................... [–87,130] 

084 0605229F CSAR HH–60 RECAPITALIZATION .............................................................. 123,210 123,210 

085 0605278F HC/MC–130 RECAP RDT&E ............................................................................. 19,039 19,039 

086 0605931F B–2 DEFENSIVE MANAGEMENT SYSTEM ................................................. 281,056 281,056 

087 0101125F NUCLEAR WEAPONS MODERNIZATION .................................................... 80,200 80,200 

088 0207100F LIGHT ATTACK ARMED RECONNAISSANCE (LAAR) SQUADRONS ... 0 0 

089 0207604F READINESS TRAINING RANGES, OPERATIONS AND MAINTENANCE .............................................................................................................. 310 310 

090 0207701F FULL COMBAT MISSION TRAINING ............................................................ 14,861 14,861 

091 0305230F MC–12 .................................................................................................................... 19,949 19,949 

092 0401138F C–27J AIRLIFT SQUADRONS ......................................................................... 0 0 

093 0401318F CV–22 ..................................................................................................................... 28,027 28,027 

094 0401845F AIRBORNE SENIOR LEADER C3 (SLC3S) .................................................. 1,960 1,960 

SUBTOTAL, SYSTEM DEVELOPMENT & DEMONSTRATION ................................................................................................................ 4,966,724 4,857,594 

RDT&E MANAGEMENT SUPPORT 

095 0604256F THREAT SIMULATOR DEVELOPMENT ...................................................... 22,812 22,812 

096 0604759F MAJOR T&E INVESTMENT ............................................................................. 42,236 42,236 

097 0605101F RAND PROJECT AIR FORCE ......................................................................... 25,579 25,579 

098 0605502F SMALL BUSINESS INNOVATION RESEARCH ........................................... 0 0 

099 0605712F INITIAL OPERATIONAL TEST & EVALUATION ....................................... 16,197 16,197 

100 0605807F TEST AND EVALUATION SUPPORT ............................................................ 722,071 722,071 

101 0605860F ROCKET SYSTEMS LAUNCH PROGRAM (SPACE) ................................... 16,200 16,200 

102 0605864F SPACE TEST PROGRAM (STP) ...................................................................... 10,051 45,051 

Restore Space Test Program ............................................................................ [35,000] 

103 0605976F FACILITIES RESTORATION AND MODERNIZATION—TEST AND 

EVALUATION SUPPORT .............................................................................. 42,597 42,597 

104 0605978F FACILITIES SUSTAINMENT—TEST AND EVALUATION SUPPORT ... 27,301 27,301 

105 0606323F MULTI-SERVICE SYSTEMS ENGINEERING INITIATIVE ....................... 13,964 13,964 

106 0606392F SPACE AND MISSILE CENTER (SMC) CIVILIAN WORKFORCE .......... 203,766 203,766 

107 0702806F ACQUISITION AND MANAGEMENT SUPPORT .......................................... 42,430 42,430 

108 0804731F GENERAL SKILL TRAINING .......................................................................... 1,294 1,294 

109 0909980F JUDGMENT FUND REIMBURSEMENT ....................................................... 0 0 

110 0909999F FINANCING FOR CANCELLED ACCOUNT ADJUSTMENTS ................... 0 0 

111 1001004F INTERNATIONAL ACTIVITIES ....................................................................... 3,851 3,851 

SUBTOTAL, RDT&E MANAGEMENT SUPPORT ......................... 1,190,349 1,225,349 

OPERATIONAL SYSTEMS DEVELOPMENT 

112 0603423F GLOBAL POSITIONING SYSTEM III—OPERATIONAL CONTROL 

SEGMENT ........................................................................................................ 371,595 370,095 

Excess funding ................................................................................................... [–1,500] 

113 0604263F COMMON VERTICAL LIFT SUPPORT PLATFORM ................................... 0 0 

114 0605018F AF INTEGRATED PERSONNEL AND PAY SYSTEM (AF-IPPS) ............. 91,697 91,697 

115 0605024F ANTI-TAMPER TECHNOLOGY EXECUTIVE AGENCY ............................. 17,037 17,037 

117 0101113F B–52 SQUADRONS ............................................................................................. 53,208 53,208 

118 0101122F AIR-LAUNCHED CRUISE MISSILE (ALCM) ............................................... 431 431 

119 0101126F B–1B SQUADRONS ............................................................................................ 16,265 16,265 

120 0101127F B–2 SQUADRONS ............................................................................................... 35,970 20,970 

Efficiencies ......................................................................................................... [–15,000] 

121 0101313F STRAT WAR PLANNING SYSTEM—USSTRATCOM .................................. 30,889 30,889 

122 0101314F NIGHT FIST—USSTRATCOM ......................................................................... 10 10 

124 0102326F REGION/SECTOR OPERATION CONTROL CENTER MODERNIZATION PROGRAM ............................................................................................. 5,609 5,609 

125 0102823F STRATEGIC AEROSPACE INTELLIGENCE SYSTEM ACTIVITIES ...... 0 0 

126 0203761F WARFIGHTER RAPID ACQUISITION PROCESS (WRAP) RAPID 

TRANSITION FUND ...................................................................................... 15,098 15,098 

127 0205219F MQ–9 UAV ............................................................................................................ 147,971 147,971 

128 0207040F MULTI-PLATFORM ELECTRONIC WARFARE EQUIPMENT .................. 49,848 49,848 

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 DESTRUCTIVE SUPPRESSION ................................................... 13,683 13,683 

133 0207138F F–22A SQUADRONS ........................................................................................... 371,667 371,667 

134 0207142F F–35 SQUADRONS ............................................................................................. 8,117 8,117 

135 0207161F TACTICAL AIM MISSILES ............................................................................... 8,234 8,234 

136 0207163F ADVANCED MEDIUM RANGE AIR-TO-AIR MISSILE (AMRAAM) ......... 87,041 87,041 

137 0207170F JOINT HELMET MOUNTED CUEING SYSTEM (JHMCS) ....................... 1,472 1,472 

138 0207224F COMBAT RESCUE AND RECOVERY ............................................................. 2,095 2,095 

139 0207227F COMBAT RESCUE—PARARESCUE .............................................................. 1,119 1,119 

140 0207247F AF TENCAP ......................................................................................................... 63,853 63,853 

141 0207249F PRECISION ATTACK SYSTEMS PROCUREMENT .................................... 1,063 1,063 

142 0207253F COMPASS CALL ................................................................................................. 12,094 12,094 

143 0207268F AIRCRAFT ENGINE COMPONENT IMPROVEMENT PROGRAM ............ 187,984 187,984 

144 0207277F ISR INNOVATIONS ............................................................................................ 0 0 

145 0207325F JOINT AIR-TO-SURFACE STANDOFF MISSILE (JASSM) ...................... 7,950 7,950 


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(In Thousands of Dollars) 

Line Program 

Element Item FY 2013 Request 

Senate 

Authorized 

146 0207410F AIR & SPACE OPERATIONS CENTER (AOC) ............................................. 76,315 76,315 

147 0207412F CONTROL AND REPORTING CENTER (CRC) ............................................ 8,653 8,653 

148 0207417F AIRBORNE WARNING AND CONTROL SYSTEM (AWACS) ..................... 65,200 65,200 

149 0207418F TACTICAL AIRBORNE CONTROL SYSTEMS .............................................. 5,767 5,767 

150 0207423F ADVANCED COMMUNICATIONS SYSTEMS ................................................ 0 0 

152 0207431F COMBAT AIR INTELLIGENCE SYSTEM ACTIVITIES ............................. 5,756 5,756 

153 0207438F THEATER BATTLE MANAGEMENT (TBM) C4I ......................................... 0 0 

154 0207444F TACTICAL AIR CONTROL PARTY-MOD ....................................................... 16,226 16,226 

155 0207445F FIGHTER TACTICAL DATA LINK ................................................................. 0 0 

156 0207448F C2ISR TACTICAL DATA LINK ........................................................................ 1,633 1,633 

157 0207449F COMMAND AND CONTROL (C2) CONSTELLATION .................................. 18,086 18,086 

158 0207452F DCAPES ................................................................................................................ 15,690 15,690 

159 0207581F JOINT SURVEILLANCE/TARGET ATTACK RADAR SYSTEM 

(JSTARS) .......................................................................................................... 24,241 24,241

160 0207590F SEEK EAGLE ...................................................................................................... 22,654 22,654 

161 0207601F USAF MODELING AND SIMULATION .......................................................... 15,501 15,501 

162 0207605F WARGAMING AND SIMULATION CENTERS .............................................. 5,699 5,699 

163 0207697F DISTRIBUTED TRAINING AND EXERCISES ............................................ 4,425 4,425 

164 0208006F MISSION PLANNING SYSTEMS ..................................................................... 69,377 69,377 

165 0208021F INFORMATION WARFARE SUPPORT .......................................................... 7,159 7,159 

166 0208059F CYBER COMMAND ACTIVITIES ..................................................................... 66,888 66,888 

174 0301400F SPACE SUPERIORITY INTELLIGENCE ...................................................... 12,056 12,056 

175 0302015F E–4B NATIONAL AIRBORNE OPERATIONS CENTER (NAOC) .............. 4,159 4,159 

176 0303131F MINIMUM ESSENTIAL EMERGENCY COMMUNICATIONS NETWORK 

(MEECN) .......................................................................................................... 20,124 20,124 

177 0303140F INFORMATION SYSTEMS SECURITY PROGRAM ..................................... 69,133 69,133 

178 0303141F GLOBAL COMBAT SUPPORT SYSTEM ........................................................ 6,512 6,512 

179 0303150F GLOBAL COMMAND AND CONTROL SYSTEM ........................................... 4,316 4,316 

180 0303601F MILSATCOM TERMINALS ............................................................................... 107,237 107,237 

182 0304260F AIRBORNE SIGINT ENTERPRISE ................................................................ 129,106 129,106 

185 0305099F GLOBAL AIR TRAFFIC MANAGEMENT (GATM) ....................................... 4,461 4,461 

186 0305103F CYBER SECURITY INITIATIVE ..................................................................... 2,055 2,055 

187 0305105F DOD CYBER CRIME CENTER ........................................................................ 285 285 

188 0305110F SATELLITE CONTROL NETWORK (SPACE) .............................................. 33,773 33,773 

189 0305111F WEATHER SERVICE ........................................................................................ 29,048 29,048 

190 0305114F AIR TRAFFIC CONTROL, APPROACH, AND LANDING SYSTEM 

(ATCALS) ......................................................................................................... 43,187 43,187 

191 0305116F AERIAL TARGETS ............................................................................................. 50,496 50,496 

194 0305128F SECURITY AND INVESTIGATIVE ACTIVITIES ......................................... 354 354 

195 0305145F ARMS CONTROL IMPLEMENTATION .......................................................... 4,000 4,000 

196 0305146F DEFENSE JOINT COUNTERINTELLIGENCE ACTIVITIES .................... 342 342 

198 0305164F NAVSTAR GLOBAL POSITIONING SYSTEM (USER EQUIPMENT) 

(SPACE) ............................................................................................................ 29,621 29,621 

199 0305165F NAVSTAR GLOBAL POSITIONING SYSTEM (SPACE AND CONTROL 

SEGMENTS) .................................................................................................... 14,335 14,335 

201 0305173F SPACE AND MISSILE TEST AND EVALUATION CENTER .................... 3,680 3,680 

202 0305174F SPACE INNOVATION AND DEVELOPMENT CENTER ............................. 2,430 2,430 

203 0305182F SPACELIFT RANGE SYSTEM (SPACE) ........................................................ 8,760 8,760 

204 0305193F INTELLIGENCE SUPPORT TO INFORMATION OPERATIONS (IO) ..... 0 0 

205 0305202F DRAGON U–2 ....................................................................................................... 23,644 23,644 

206 0305205F ENDURANCE UNMANNED AERIAL VEHICLES ........................................ 21,000 21,000 

207 0305206F AIRBORNE RECONNAISSANCE SYSTEMS ................................................. 96,735 96,735 

208 0305207F MANNED RECONNAISSANCE SYSTEMS ..................................................... 13,316 13,316 

209 0305208F DISTRIBUTED COMMON GROUND/SURFACE SYSTEMS ...................... 63,501 63,501 

210 0305219F MQ–1 PREDATOR A UAV ................................................................................. 9,122 9,122 

211 0305220F RQ–4 UAV ............................................................................................................. 236,265 236,265 

212 0305221F NETWORK-CENTRIC COLLABORATIVE TARGETING ............................. 7,367 7,367 

213 0305236F COMMON DATA LINK (CDL) ........................................................................... 38,094 38,094 

214 0305238F NATO AGS ............................................................................................................ 210,109 210,109 

215 0305240F SUPPORT TO DCGS ENTERPRISE ............................................................... 24,500 24,500 

216 0305265F GPS III SPACE SEGMENT .............................................................................. 318,992 318,992

217 0305614F JSPOC MISSION SYSTEM ............................................................................... 54,645 54,645 

218 0305881F RAPID CYBER ACQUISITION ......................................................................... 4,007 4,007 

219 0305887F INTELLIGENCE SUPPORT TO INFORMATION WARFARE .................... 13,357 13,357 

220 0305913F NUDET DETECTION SYSTEM (SPACE) ...................................................... 64,965 64,965 

221 0305940F SPACE SITUATION AWARENESS OPERATIONS ...................................... 19,586 19,586 

222 0307141F INFORMATION OPERATIONS TECHNOLOGY INTEGRATION & 

TOOL DEVELOPMENT ................................................................................. 0 0 

223 0308699F SHARED EARLY WARNING (SEW) ............................................................... 1,175 1,175 

224 0401115F C–130 AIRLIFT SQUADRON ............................................................................ 5,000 5,000 

225 0401119F C–5 AIRLIFT SQUADRONS (IF) ..................................................................... 35,115 35,115 

226 0401130F C–17 AIRCRAFT (IF) ......................................................................................... 99,225 99,225 

227 0401132F C–130J PROGRAM .............................................................................................. 30,652 30,652 

228 0401134F LARGE AIRCRAFT IR COUNTERMEASURES (LAIRCM) ........................ 7,758 7,758 

229 0401139F LIGHT MOBILITY AIRCRAFT (LIMA) .......................................................... 100 100 

230 0401218F KC–135S ................................................................................................................ 0 0 

231 0401219F KC–10S .................................................................................................................. 24,022 24,022 

232 0401314F OPERATIONAL SUPPORT AIRLIFT ............................................................. 7,471 7,471 


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Line Program 

Element Item FY 2013 Request 

Senate 

Authorized 

233 0401315F C-STOL AIRCRAFT ............................................................................................ 0 0 

234 0408011F SPECIAL TACTICS / COMBAT CONTROL .................................................... 4,984 4,984 

235 0702207F DEPOT MAINTENANCE (NON-IF) ................................................................. 1,588 1,588 

236 0708012F LOGISTICS SUPPORT ACTIVITIES .............................................................. 577 577 

237 0708610F LOGISTICS INFORMATION TECHNOLOGY (LOGIT) ............................... 119,327 119,327 

238 0708611F SUPPORT SYSTEMS DEVELOPMENT ......................................................... 15,873 15,873 

239 0801711F RECRUITING ACTIVITIES .............................................................................. 0 0 

240 0804743F OTHER FLIGHT TRAINING ............................................................................ 349 349 

241 0804757F JOINT NATIONAL TRAINING CENTER ....................................................... 0 0 

242 0808716F OTHER PERSONNEL ACTIVITIES ............................................................... 117 117 

243 0901202F JOINT PERSONNEL RECOVERY AGENCY .................................................. 2,018 2,018 

244 0901218F CIVILIAN COMPENSATION PROGRAM ........................................................ 1,561 1,561 

245 0901220F PERSONNEL ADMINISTRATION ................................................................... 7,634 7,634 

246 0901226F AIR FORCE STUDIES AND ANALYSIS AGENCY ....................................... 1,175 1,175 

247 0901279F FACILITIES OPERATION—ADMINISTRATIVE ......................................... 3,491 3,491 

248 0901538F FINANCIAL MANAGEMENT INFORMATION SYSTEMS DEVELOPMENT ................................................................................................................ 100,160 100,160 

249 0902998F MANAGEMENT HQ—ADP SUPPORT (AF) .................................................. 0 0 

249A 9999999999 CLASSIFIED PROGRAMS ................................................................................ 11,172,183 11,149,583 

Classified reduction ........................................................................................... [–4,600] 

Classified reduction ........................................................................................... [–18,000] 

SUBTOTAL, OPERATIONAL SYSTEMS DEVELOPMENT ....... 15,867,972 15,828,872 

249B PRIOR YEAR SAVINGS .................................................................................... –78,426 

C–130 AMP cancellation .................................................................................. [–6,509] 

MALD II Cancellation ..................................................................................... [–7,917] 

Global Hawk Block 30 cancellation ................................................................ [–64,000] 

TOTAL, RESEARCH, DEVELOPMENT, TEST & EVAL, AF .... 25,428,046 25,274,890 

RESEARCH, DEVELOPMENT, TEST & EVAL, DW 

BASIC RESEARCH 

001 0601000BR DTRA BASIC RESEARCH INITIATIVE ........................................................ 45,071 45,071 

002 0601101E DEFENSE RESEARCH SCIENCES ................................................................ 309,051 309,051 

003 0601110D8Z BASIC RESEARCH INITIATIVES .................................................................. 19,405 19,405 

004 0601117E BASIC OPERATIONAL MEDICAL RESEARCH SCIENCE ....................... 39,676 39,676 

005 0601120D8Z NATIONAL DEFENSE EDUCATION PROGRAM ......................................... 87,979 87,979 

006 0601384BP CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM ............................. 50,566 50,566 

SUBTOTAL, BASIC RESEARCH ........................................................... 551,748 551,748 

APPLIED RESEARCH 

007 0602000D8Z JOINT MUNITIONS TECHNOLOGY ............................................................... 20,615 20,615 

008 0602115E BIOMEDICAL TECHNOLOGY ......................................................................... 110,900 110,900 

009 0602228D8Z HISTORICALLY BLACK COLLEGES AND UNIVERSITIES (HBCU) 

SCIENCE .......................................................................................................... 0 0 

010 0602234D8Z LINCOLN LABORATORY RESEARCH PROGRAM ..................................... 36,826 36,826 

011 0602250D8Z SYSTEMS 2020 APPLIED RESEARCH ......................................................... 7,898 7,898 

012 0602303E INFORMATION & COMMUNICATIONS TECHNOLOGY ............................ 392,421 392,421 

013 0602304E COGNITIVE COMPUTING SYSTEMS ............................................................. 30,424 30,424 

014 0602305E MACHINE INTELLIGENCE ............................................................................. 0 0 

015 0602383E BIOLOGICAL WARFARE DEFENSE ............................................................. 19,236 19,236 

016 0602384BP CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM ............................. 223,269 223,269 

017 0602663D8Z DATA TO DECISIONS APPLIED RESEARCH ............................................ 13,753 13,753 

018 0602668D8Z CYBER SECURITY RESEARCH ..................................................................... 18,985 18,985 

019 0602670D8Z HUMAN, SOCIAL AND CULTURE BEHAVIOR MODELING (HSCB) 

APPLIED RESEARCH .................................................................................. 6,771 6,771 

020 0602702E TACTICAL TECHNOLOGY ............................................................................... 233,209 233,209 

021 0602715E MATERIALS AND BIOLOGICAL TECHNOLOGY ........................................ 166,067 166,067 

022 0602716E ELECTRONICS TECHNOLOGY ....................................................................... 222,416 222,416 

023 0602718BR WEAPONS OF MASS DESTRUCTION DEFEAT TECHNOLOGIES ........ 172,352 172,352 

024 1160401BB SPECIAL OPERATIONS TECHNOLOGY DEVELOPMENT ....................... 28,739 28,739 

SUBTOTAL, APPLIED RESEARCH ..................................................... 1,703,881 1,703,881 

ADVANCED TECHNOLOGY DEVELOPMENT (ATD) 

025 0603000D8Z JOINT MUNITIONS ADVANCED TECHNOLOGY ........................................ 25,612 25,612 

026 0603121D8Z SO/LIC ADVANCED DEVELOPMENT ............................................................ 26,324 26,324 

027 0603122D8Z COMBATING TERRORISM TECHNOLOGY SUPPORT .............................. 77,144 65,844 

Reduction due to duplication of effort ............................................................ [–11,300] 

028 0603160BR COUNTERPROLIFERATION INITIATIVES—PROLIFERATION PREVENTION AND DEFEAT .............................................................................. 275,022 275,022 

029 0603175C BALLISTIC MISSILE DEFENSE TECHNOLOGY ....................................... 79,975 79,975 

030 0603200D8Z JOINT ADVANCED CONCEPTS ...................................................................... 0 0 

031 0603225D8Z JOINT DOD-DOE MUNITIONS TECHNOLOGY DEVELOPMENT ........... 20,032 20,032 

032 0603264S AGILE TRANSPORTATION FOR THE 21ST CENTURY (AT21)—THEATER CAPABILITY ....................................................................................... 3,892 3,892 

033 0603274C SPECIAL PROGRAM—MDA TECHNOLOGY ................................................ 36,685 36,685 

034 0603286E ADVANCED AEROSPACE SYSTEMS ............................................................. 174,316 174,316 

035 0603287E SPACE PROGRAMS AND TECHNOLOGY ..................................................... 159,704 159,704 


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(In Thousands of Dollars) 

Line Program 

Element Item FY 2013 Request 

Senate 

Authorized 

036 0603384BP CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM—ADVANCED 

DEVELOPMENT ............................................................................................. 234,280 234,280 

037 0603618D8Z JOINT ELECTRONIC ADVANCED TECHNOLOGY ..................................... 6,983 6,983 

038 0603648D8Z JOINT CAPABILITY TECHNOLOGY DEMONSTRATIONS ....................... 158,263 158,263 

039 0603662D8Z NETWORKED COMMUNICATIONS CAPABILITIES .................................. 25,393 25,393 

040 0603663D8Z DATA TO DECISIONS ADVANCED TECHNOLOGY DEVELOPMENT ... 13,754 13,754 

041 0603665D8Z BIOMETRICS SCIENCE AND TECHNOLOGY ............................................. 0 0 

042 0603668D8Z CYBER SECURITY ADVANCED RESEARCH .............................................. 19,935 19,935 

043 0603670D8Z HUMAN, SOCIAL AND CULTURE BEHAVIOR MODELING (HSCB) 

ADVANCED DEVELOPMENT ...................................................................... 8,235 8,235 

044 0603680D8Z DEFENSE-WIDE MANUFACTURING SCIENCE AND TECHNOLOGY 

PROGRAM ........................................................................................................ 21,966 51,966 

Industrial Base Innovation Fund ................................................................... [30,000] 

045 0603699D8Z EMERGING CAPABILITIES TECHNOLOGY DEVELOPMENT ................ 24,662 24,662 

046 0603711D8Z JOINT ROBOTICS PROGRAM/AUTONOMOUS SYSTEMS ........................ 0 0 

047 0603712S GENERIC LOGISTICS R&D TECHNOLOGY DEMONSTRATIONS ......... 24,605 24,605 

048 0603713S DEPLOYMENT AND DISTRIBUTION ENTERPRISE TECHNOLOGY ... 30,678 30,678 

049 0603716D8Z STRATEGIC ENVIRONMENTAL RESEARCH PROGRAM ........................ 65,282 65,282 

050 0603720S MICROELECTRONICS TECHNOLOGY DEVELOPMENT AND SUPPORT ................................................................................................................. 72,234 69,234 

DMEA upgrade reduction ................................................................................ [–3,000] 

051 0603727D8Z JOINT WARFIGHTING PROGRAM ................................................................ 8,403 8,403 

052 0603739E ADVANCED ELECTRONICS TECHNOLOGIES ........................................... 111,008 111,008 

053 0603755D8Z HIGH PERFORMANCE COMPUTING MODERNIZATION PROGRAM ... 0 0 

054 0603760E COMMAND, CONTROL AND COMMUNICATIONS SYSTEMS ................... 237,859 237,859 

055 0603765E CLASSIFIED DARPA PROGRAMS ................................................................. 3,000 3,000 

056 0603766E NETWORK-CENTRIC WARFARE TECHNOLOGY ....................................... 236,883 236,883 

057 0603767E SENSOR TECHNOLOGY ................................................................................... 299,438 299,438 

058 0603769SE DISTRIBUTED LEARNING ADVANCED TECHNOLOGY DEVELOPMENT ................................................................................................................ 12,195 12,195 

059 0603781D8Z SOFTWARE ENGINEERING INSTITUTE .................................................... 30,036 30,036 

060 0603826D8Z QUICK REACTION SPECIAL PROJECTS .................................................... 107,002 107,002 

061 0603828D8Z JOINT EXPERIMENTATION ........................................................................... 0 0 

062 0603828J JOINT EXPERIMENTATION ........................................................................... 21,230 21,230 

063 0603832D8Z DOD MODELING AND SIMULATION MANAGEMENT OFFICE .............. 47,433 47,433 

064 0603901C DIRECTED ENERGY RESEARCH ................................................................. 46,944 46,944 

065 0603902C NEXT GENERATION AEGIS MISSILE ......................................................... 224,077 224,077 

066 0603941D8Z TEST & EVALUATION SCIENCE & TECHNOLOGY .................................. 92,602 92,602 

067 0603942D8Z TECHNOLOGY TRANSFER .............................................................................. 0 0 

068 0604055D8Z OPERATIONAL ENERGY CAPABILITY IMPROVEMENT ......................... 26,244 26,244 

069 0303310D8Z CWMD SYSTEMS ................................................................................................ 53,946 53,946 

070 1160402BB SPECIAL OPERATIONS ADVANCED TECHNOLOGY DEVELOPMENT 45,317 45,317 

071 1160422BB AVIATION ENGINEERING ANALYSIS .......................................................... 861 861 

072 1160472BB SOF INFORMATION AND BROADCAST SYSTEMS ADVANCED TECHNOLOGY ........................................................................................................... 4,959 4,959 

SUBTOTAL, ADVANCED TECHNOLOGY DEVELOPMENT 

(ATD) ............................................................................................................... 3,194,413 3,210,113 

ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES ............................................................................................................. 3,194,413 3,210,113 

073 0603161D8Z NUCLEAR AND CONVENTIONAL PHYSICAL SECURITY EQUIPMENT RDT&E ADC&P .................................................................................. 33,234 33,234 

074 0603527D8Z RETRACT LARCH .............................................................................................. 21,023 21,023 

075 0603600D8Z WALKOFF ............................................................................................................ 94,624 94,624 

076 0603709D8Z JOINT ROBOTICS PROGRAM ......................................................................... 0 0 

077 0603714D8Z ADVANCED SENSOR APPLICATIONS PROGRAM ..................................... 16,958 18,958 

Reverse cuts to testing ...................................................................................... [2,000] 

078 0603851D8Z ENVIRONMENTAL SECURITY TECHNICAL CERTIFICATION PROGRAM ................................................................................................................ 75,941 75,941 

079 0603881C BALLISTIC MISSILE DEFENSE TERMINAL DEFENSE SEGMENT .... 316,929 316,929 

080 0603882C BALLISTIC MISSILE DEFENSE MIDCOURSE DEFENSE SEGMENT 903,172 903,172 

081 0603884BP CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM—DEM/VAL ....... 179,023 179,023 

082 0603884C BALLISTIC MISSILE DEFENSE SENSORS ................................................ 347,012 347,012 

083 0603888C BALLISTIC MISSILE DEFENSE TEST & TARGETS ............................... 0 0 

084 0603890C BMD ENABLING PROGRAMS ......................................................................... 362,711 362,711 

085 0603891C SPECIAL PROGRAMS—MDA .......................................................................... 272,387 272,387 

086 0603892C AEGIS BMD ......................................................................................................... 992,407 992,407 

087 0603893C SPACE TRACKING & SURVEILLANCE SYSTEM ....................................... 51,313 51,313 

088 0603895C BALLISTIC MISSILE DEFENSE SYSTEM SPACE PROGRAMS ............ 6,912 6,912 

089 0603896C BALLISTIC MISSILE DEFENSE COMMAND AND CONTROL, BATTLE MANAGEMENT & COMMUNICATION .............................................. 366,552 366,552 

090 0603898C BALLISTIC MISSILE DEFENSE JOINT WARFIGHTER SUPPORT ..... 55,550 55,550 

091 0603904C MISSILE DEFENSE INTEGRATION & OPERATIONS CENTER 

(MDIOC) ............................................................................................................ 63,043 63,043 

092 0603906C REGARDING TRENCH ..................................................................................... 11,371 11,371

093 0603907C SEA BASED X-BAND RADAR (SBX) ............................................................. 9,730 9,730 

094 0603913C ISRAELI COOPERATIVE PROGRAMS .......................................................... 99,836 409,836 

Arrow Weapon System improvements ............................................................. [20,000] 


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(In Thousands of Dollars) 

Line Program 

Element Item FY 2013 Request 

Senate 

Authorized 

Arrow–3 interceptor .......................................................................................... [20,000] 

David’s Sling short-range BMD ...................................................................... [60,000] 

Iron Dome short-range rocket defense ............................................................. [210,000] 

095 0603914C BALLISTIC MISSILE DEFENSE TEST ........................................................ 454,400 454,400 

096 0603915C BALLISTIC MISSILE DEFENSE TARGETS ................................................ 435,747 435,747 

097 0603920D8Z HUMANITARIAN DEMINING .......................................................................... 13,231 13,231 

098 0603923D8Z COALITION WARFARE ..................................................................................... 11,398 11,398 

099 0604016D8Z DEPARTMENT OF DEFENSE CORROSION PROGRAM ........................... 3,283 24,083 

Increase for requirements shortfall .................................................................. [20,800] 

100 0604400D8Z DEPARTMENT OF DEFENSE (DOD) UNMANNED AIRCRAFT SYSTEM (UAS) COMMON DEVELOPMENT .................................................... 12,368 12,368 

101 0604670D8Z HUMAN, SOCIAL AND CULTURE BEHAVIOR MODELING (HSCB) 

RESEARCH AND ENGINEERING .............................................................. 5,131 5,131 

102 0604775D8Z DEFENSE RAPID INNOVATION PROGRAM ............................................... 0 200,000 

Rapid Innovation Program ............................................................................. [200,000] 

103 0604787D8Z JOINT SYSTEMS INTEGRATION COMMAND (JSIC) ................................ 0 0 

104 0604787J JOINT SYSTEMS INTEGRATION ................................................................... 3,273 3,273 

105 0604828D8Z JOINT FIRES INTEGRATION AND INTEROPERABILITY TEAM ......... 0 0 

106 0604828J JOINT FIRES INTEGRATION AND INTEROPERABILITY TEAM ......... 7,364 7,364 

107 0604880C LAND-BASED SM–3 (LBSM3) ......................................................................... 276,338 276,338 

108 0604881C AEGIS SM–3 BLOCK IIA CO-DEVELOPMENT ............................................ 420,630 420,630 

109 0604883C PRECISION TRACKING SPACE SENSOR RDT&E .................................... 297,375 297,375 

110 0604884C AIRBORNE INFRARED (ABIR) ...................................................................... 0 0 

111 0604886C ADVANCED REMOTE SENSOR TECHNOLOGY (ARST) ........................... 58,742 58,742 

112 0605017D8Z REDUCTION OF TOTAL OWNERSHIP COST ............................................. 0 0 

113 0303191D8Z JOINT ELECTROMAGNETIC TECHNOLOGY (JET) PROGRAM ............. 3,158 3,158 

SUBTOTAL, ADVANCED COMPONENT DEVELOPMENT & 

PROTOTYPES ............................................................................................ 6,282,166 6,814,966 

SYSTEM DEVELOPMENT AND DEMONSTRATION (SDD) 

114 0604051D8Z DEFENSE ACQUISITION CHALLENGE PROGRAM (DACP) ................... 0 0 

115 0604161D8Z NUCLEAR AND CONVENTIONAL PHYSICAL SECURITY EQUIPMENT RDT&E SDD ....................................................................................... 6,817 6,817 

116 0604165D8Z PROMPT GLOBAL STRIKE CAPABILITY DEVELOPMENT .................... 110,383 110,383 

117 0604384BP CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM—EMD ................ 311,071 311,071 

118 0604709D8Z JOINT ROBOTICS PROGRAM—EMD ............................................................ 0 0 

119 0604764K ADVANCED IT SERVICES JOINT PROGRAM OFFICE (AITS-JPO) ...... 25,787 25,787 

120 0604771D8Z JOINT TACTICAL INFORMATION DISTRIBUTION SYSTEM (JTIDS) 20,688 20,688 

121 0605000BR WEAPONS OF MASS DESTRUCTION DEFEAT CAPABILITIES ............ 5,749 5,749 

122 0605013BL INFORMATION TECHNOLOGY DEVELOPMENT ....................................... 12,699 12,699 

123 0605018BTA DEFENSE INTEGRATED MILITARY HUMAN RESOURCES SYSTEM 

(DIMHRS) ........................................................................................................ 0 0 

124 0605020BTA BUSINESS TRANSFORMATION AGENCY R&D ACTIVITIES ................. 0 0 

125 0605021SE HOMELAND PERSONNEL SECURITY INITIATIVE .................................. 387 387 

126 0605022D8Z DEFENSE EXPORTABILITY PROGRAM ...................................................... 1,859 1,859 

127 0605027D8Z OUSD(C) IT DEVELOPMENT INITIATIVES ................................................ 7,010 7,010 

128 0605070S DOD ENTERPRISE SYSTEMS DEVELOPMENT AND DEMONSTRATION .................................................................................................................. 133,104 133,104 

129 0605075D8Z DCMO POLICY AND INTEGRATION ............................................................. 25,269 25,269 

130 0605140D8Z TRUSTED FOUNDRY ........................................................................................ 0 0 

131 0605210D8Z DEFENSE-WIDE ELECTRONIC PROCUREMENT CAPABILITIES ....... 10,238 10,238 

132 0303141K GLOBAL COMBAT SUPPORT SYSTEM ........................................................ 19,670 19,670 

133 0305304D8Z DOD ENTERPRISE ENERGY INFORMATION MANAGEMENT (EEIM) 3,556 3,556 

134 0807708D8Z WOUNDED ILL AND INJURED SENIOR OVERSIGHT COMMITTEE 

(WII-SOC) STAFF OFFICE ........................................................................... 0 0 

SUBTOTAL, SYSTEM DEVELOPMENT AND DEMONSTRATION (SDD) ................................................................................................. 694,287 694,287 

RDT&E MANAGEMENT SUPPORT 

135 0604774D8Z DEFENSE READINESS REPORTING SYSTEM (DRRS) .......................... 6,383 6,383 

136 0604875D8Z JOINT SYSTEMS ARCHITECTURE DEVELOPMENT ............................... 3,845 3,845 

137 0604940D8Z CENTRAL TEST AND EVALUATION INVESTMENT DEVELOPMENT 

(CTEIP) ............................................................................................................. 144,109 144,109 

138 0604942D8Z ASSESSMENTS AND EVALUATIONS ........................................................... 2,419 2,419 

139 0604943D8Z THERMAL VICAR .............................................................................................. 8,214 8,214 

140 0605100D8Z JOINT MISSION ENVIRONMENT TEST CAPABILITY (JMETC) ............ 19,380 19,380 

141 0605104D8Z TECHNICAL STUDIES, SUPPORT AND ANALYSIS ................................. 32,266 32,266 

142 0605110D8Z USD(A&T)--CRITICAL TECHNOLOGY SUPPORT ...................................... 840 840 

143 0605117D8Z FOREIGN MATERIEL ACQUISITION AND EXPLOITATION .................. 56,012 56,012 

144 0605126J JOINT INTEGRATED AIR AND MISSILE DEFENSE ORGANIZATION 

(JIAMDO) ......................................................................................................... 55,508 55,508 

145 0605128D8Z CLASSIFIED PROGRAM USD(P) ................................................................... 0 0 

146 0605130D8Z FOREIGN COMPARATIVE TESTING ............................................................ 18,174 18,174 

147 0605142D8Z SYSTEMS ENGINEERING ............................................................................... 43,195 43,195 

148 0605151D8Z STUDIES AND ANALYSIS SUPPORT—OSD ............................................... 6,457 6,457 

149 0605161D8Z NUCLEAR MATTERS-PHYSICAL SECURITY ............................................. 4,901 4,901 

150 0605170D8Z SUPPORT TO NETWORKS AND INFORMATION INTEGRATION .......... 6,307 6,307 

151 0605200D8Z GENERAL SUPPORT TO USD (INTELLIGENCE) ..................................... 6,601 6,601 


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(In Thousands of Dollars) 

Line Program 

Element Item FY 2013 Request 

Senate 

Authorized 

152 0605384BP CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM ............................. 92,849 92,849 

153 0605502BR SMALL BUSINESS INNOVATION RESEARCH ........................................... 0 0 

154 0605502C SMALL BUSINESS INNOVATIVE RESEARCH—MDA .............................. 0 0 

155 0605502D8W SMALL BUSINESS INNOVATIVE RESEARCH ........................................... 0 0 

156 0605502D8Z SMALL BUSINESS INNOVATIVE RESEARCH ........................................... 0 0 

157 0605502E SMALL BUSINESS INNOVATIVE RESEARCH ........................................... 0 0 

158 0605502S SMALL BUSINESS INNOVATIVE RESEARCH ........................................... 0 0 

159 0605790D8Z SMALL BUSINESS INNOVATION RESEARCH (SBIR)/ SMALL BUSINESS TECHNOLOGY TRANSFER (S ........................................................ 1,857 1,857 

160 0605798D8Z DEFENSE TECHNOLOGY ANALYSIS ........................................................... 12,056 12,056 

161 0605799D8Z EMERGING CAPABILITIES ............................................................................ 0 0 

162 0605801KA DEFENSE TECHNICAL INFORMATION CENTER (DTIC) ...................... 55,454 55,454 

163 0605803SE R&D IN SUPPORT OF DOD ENLISTMENT, TESTING AND EVALUATION .................................................................................................................. 16,364 16,364 

164 0605804D8Z DEVELOPMENT TEST AND EVALUATION ................................................. 15,110 20,110 

DT&E increase .................................................................................................. [5,000] 

165 0605897E DARPA AGENCY RELOCATION ..................................................................... 0 0 

166 0605898E MANAGEMENT HQ—R&D ............................................................................... 69,767 69,767 

167 0606100D8Z BUDGET AND PROGRAM ASSESSMENTS .................................................. 4,454 4,454 

168 0606301D8Z AVIATION SAFETY TECHNOLOGIES ........................................................... 0 0 

169 0203345D8Z DEFENSE OPERATIONS SECURITY INITIATIVE (DOSI) ...................... 2,637 2,637 

170 0204571J JOINT STAFF ANALYTICAL SUPPORT ....................................................... 0 0 

173 0303166D8Z SUPPORT TO INFORMATION OPERATIONS (IO) CAPABILITIES ....... 0 0 

174 0303166J SUPPORT TO INFORMATION OPERATIONS (IO) CAPABILITIES ....... 8,238 8,238 

175 0303169D8Z INFORMATION TECHNOLOGY RAPID ACQUISITION ............................. 0 0 

176 0305103E CYBER SECURITY INITIATIVE ..................................................................... 1,801 1,801 

177 0305193D8Z INTELLIGENCE SUPPORT TO INFORMATION OPERATIONS (IO) ..... 16,041 16,041 

179 0305400D8Z WARFIGHTING AND INTELLIGENCE-RELATED SUPPORT ................. 0 0 

180 0804767D8Z COCOM EXERCISE ENGAGEMENT AND TRAINING TRANSFORMATION (CE2T2) .................................................................................... 77,475 77,475 

181 0901585C PENTAGON RESERVATION ............................................................................ 0 0 

182 0901598C MANAGEMENT HQ—MDA ............................................................................... 34,855 34,855 

183 0901598D8W MANAGEMENT HEADQUARTERS WHS ...................................................... 104 104 

184 0909999D8Z FINANCING FOR CANCELLED ACCOUNT ADJUSTMENTS ................... 0 0 

184A 9999999999 CLASSIFIED PROGRAMS ................................................................................ 64,255 64,255 

SUBTOTAL, RDT&E MANAGEMENT SUPPORT ......................... 887,928 892,928 

OPERATIONAL SYSTEMS DEVELOPMENT 

185 0604130V ENTERPRISE SECURITY SYSTEM (ESS) ................................................... 8,866 8,866 

186 0605127T REGIONAL INTERNATIONAL OUTREACH (RIO) AND PARTNERSHIP FOR PEACE INFORMATION MGMT .............................................. 3,238 3,238 

187 0605147T OVERSEAS HUMANITARIAN ASSISTANCE SHARED INFORMATION 

SYSTEM (OHASIS) ........................................................................................ 288 288 

188 0607384BP CHEMICAL AND BIOLOGICAL DEFENSE (OPERATIONAL SYSTEMS 

DEVELOPMENT) ............................................................................................ 14,745 14,745 

189 0607828D8Z JOINT INTEGRATION AND INTEROPERABILITY .................................... 0 0 

190 0607828J JOINT INTEGRATION AND INTEROPERABILITY .................................... 5,013 5,013 

191 0208043J PLANNING AND DECISION AID SYSTEM (PDAS) .................................... 3,922 3,922 

192 0208045K C4I INTEROPERABILITY ................................................................................ 72,574 72,574 

194 0301144K JOINT/ALLIED COALITION INFORMATION SHARING ........................... 6,214 6,214 

201 0302016K NATIONAL MILITARY COMMAND SYSTEM-WIDE SUPPORT ............... 499 499 

202 0302019K DEFENSE INFO INFRASTRUCTURE ENGINEERING AND INTEGRATION .................................................................................................................. 14,498 14,498 

203 0303126K LONG-HAUL COMMUNICATIONS—DCS ...................................................... 26,164 26,164 

204 0303131K MINIMUM ESSENTIAL EMERGENCY COMMUNICATIONS NETWORK 

(MEECN) .......................................................................................................... 12,931 12,931 

205 0303135G PUBLIC KEY INFRASTRUCTURE (PKI) ..................................................... 6,296 6,296 

206 0303136G KEY MANAGEMENT INFRASTRUCTURE (KMI) ....................................... 30,948 30,948 

207 0303140D8Z INFORMATION SYSTEMS SECURITY PROGRAM ..................................... 11,780 11,780 

208 0303140G INFORMATION SYSTEMS SECURITY PROGRAM ..................................... 191,452 191,452 

209 0303140K INFORMATION SYSTEMS SECURITY PROGRAM ..................................... 0 0 

210 0303149J C4I FOR THE WARRIOR .................................................................................. 0 0 

211 0303150K GLOBAL COMMAND AND CONTROL SYSTEM ........................................... 36,575 36,575 

212 0303153K DEFENSE SPECTRUM ORGANIZATION ..................................................... 24,278 24,278 

213 0303170K NET-CENTRIC ENTERPRISE SERVICES (NCES) ..................................... 2,924 2,924 

214 0303260D8Z DEFENSE MILITARY DECEPTION PROGRAM OFFICE (DMDPO) ...... 1,294 1,294 

215 0303610K TELEPORT PROGRAM ..................................................................................... 6,050 6,050 

217 0304210BB SPECIAL APPLICATIONS FOR CONTINGENCIES .................................... 17,058 17,058 

220 0305103D8Z CYBER SECURITY INITIATIVE ..................................................................... 0 0 

222 0305103K CYBER SECURITY INITIATIVE ..................................................................... 4,189 4,189 

223 0305125D8Z CRITICAL INFRASTRUCTURE PROTECTION (CIP) ................................ 10,462 10,462 

227 0305186D8Z POLICY R&D PROGRAMS ................................................................................ 6,360 6,360 

229 0305199D8Z NET CENTRICITY .............................................................................................. 21,190 21,190 

232 0305208BB DISTRIBUTED COMMON GROUND/SURFACE SYSTEMS ...................... 7,114 7,714 

USSOCOM UFR ............................................................................................... [600] 

235 0305208K DISTRIBUTED COMMON GROUND/SURFACE SYSTEMS ...................... 3,247 3,247 

237 0305219BB MQ–1 PREDATOR A UAV ................................................................................. 1,355 1,355 

239 0305231BB MQ–8 UAV ............................................................................................................ 0 0 


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(In Thousands of Dollars) 

Line Program 

Element Item FY 2013 Request 

Senate 

Authorized 

240 0305387D8Z HOMELAND DEFENSE TECHNOLOGY TRANSFER PROGRAM ........... 2,303 2,303 

241 0305600D8Z INTERNATIONAL INTELLIGENCE TECHNOLOGY AND ARCHITECTURES .............................................................................................................. 1,478 1,478 

249 0708011S INDUSTRIAL PREPAREDNESS ..................................................................... 27,044 27,044 

250 0708012S LOGISTICS SUPPORT ACTIVITIES .............................................................. 4,711 4,711 

251 0902298J MANAGEMENT HQ—OJCS .............................................................................. 4,100 4,100 

252 1001018D8Z NATO AGS ............................................................................................................ 0 0 

253 1105219BB MQ–9 UAV ............................................................................................................ 3,002 3,002 

254 1105232BB RQ–11 UAV ........................................................................................................... 0 0 

255 1105233BB RQ–7 UAV ............................................................................................................. 0 0 

256 1160279BB SMALL BUSINESS INNOVATIVE RESEARCH/SMALL BUS TECH 

TRANSFER PILOT PROG ............................................................................ 0 0 

257 1160403BB SPECIAL OPERATIONS AVIATION SYSTEMS ADVANCED DEVELOPMENT ................................................................................................................ 97,267 97,267 

258 1160404BB SPECIAL OPERATIONS TACTICAL SYSTEMS DEVELOPMENT ........... 821 821 

259 1160405BB SPECIAL OPERATIONS INTELLIGENCE SYSTEMS DEVELOPMENT 25,935 25,935 

260 1160408BB SOF OPERATIONAL ENHANCEMENTS ....................................................... 51,700 51,700 

261 1160421BB SPECIAL OPERATIONS CV–22 DEVELOPMENT ....................................... 1,822 1,822 

262 1160427BB MISSION TRAINING AND PREPARATION SYSTEMS (MTPS) ............... 10,131 10,131 

263 1160429BB AC/MC–130J ......................................................................................................... 19,647 19,647 

264 1160474BB SOF COMMUNICATIONS EQUIPMENT AND ELECTRONICS SYSTEMS ................................................................................................................ 2,225 2,225

265 1160476BB SOF TACTICAL RADIO SYSTEMS ................................................................. 3,036 3,036 

266 1160477BB SOF WEAPONS SYSTEMS ............................................................................... 1,511 1,511 

267 1160478BB SOF SOLDIER PROTECTION AND SURVIVAL SYSTEMS ...................... 4,263 4,263 

268 1160479BB SOF VISUAL AUGMENTATION, LASERS AND SENSOR SYSTEMS ..... 4,448 4,448 

269 1160480BB SOF TACTICAL VEHICLES ............................................................................. 11,325 11,325 

270 1160481BB SOF MUNITIONS ................................................................................................ 1,515 1,515 

271 1160482BB SOF ROTARY WING AVIATION ...................................................................... 24,430 24,430 

272 1160483BB SOF UNDERWATER SYSTEMS ...................................................................... 26,405 34,405 

Transfer from PDW Line 64 at USSOCOM request ..................................... [8,000] 

273 1160484BB SOF SURFACE CRAFT ..................................................................................... 8,573 8,573

274 1160488BB SOF MILITARY INFORMATION SUPPORT OPERATIONS ...................... 0 0 

275 1160489BB SOF GLOBAL VIDEO SURVEILLANCE ACTIVITIES ................................ 7,620 7,620 

276 1160490BB SOF OPERATIONAL ENHANCEMENTS INTELLIGENCE ....................... 16,386 16,386 

276A 9999999999 CLASSIFIED PROGRAMS ................................................................................ 3,754,516 3,754,516 

SUBTOTAL, OPERATIONAL SYSTEMS DEVELOPMENT ....... 4,667,738 4,676,338 

UNDISTRIBUTED 

UNDISTRIBUTED ........................................................................................ –100,000 

DARPA undistributed reduction ..................................................................... [–75,000] 

DARPA classified programs reduction ........................................................... [–25,000] 

TOTAL, RESEARCH, DEVELOPMENT, TEST & EVAL, DW ... 17,982,161 18,444,261 

OPERATIONAL TEST & EVAL, DEFENSE 

RDT&E MANAGEMENT SUPPORT 

001 0605118OTE OPERATIONAL TEST AND EVALUATION ................................................... 72,501 76,501 

NCR transition ................................................................................................. [4,000] 

002 0605131OTE LIVE FIRE TEST AND EVALUATION .......................................................... 49,201 49,201 

003 0605814OTE OPERATIONAL TEST ACTIVITIES AND ANALYSES ............................... 63,566 63,566 

TOTAL, OPERATIONAL TEST & EVAL, DEFENSE ................... 185,268 189,268 

TOTAL, RESEARCH, DEVELOPMENT, TEST & EVAL ............. 69,407,767 69,286,218 


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1 SEC. 4202. RESEARCH, DEVELOPMENT, TEST, AND EVALUA2 TION FOR OVERSEAS CONTINGENCY OPER3 ATIONS. 

SEC. 4202. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2013 Request 

Senate 

Authorized 

RESEARCH, DEVELOPMENT, TEST & EVAL, ARMY 

ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES 

060 0603747A SOLDIER SUPPORT AND SURVIVABILITY .................................................... 19,860 19,860 

SUBTOTAL, ADVANCED COMPONENT DEVELOPMENT & 

PROTOTYPES ................................................................................................. 19,860 19,860 

TOTAL, RESEARCH, DEVELOPMENT, TEST & EVAL, ARMY 19,860 19,860 

RESEARCH, DEVELOPMENT, TEST & EVAL, NAVY 

ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES 

056 0603654N JOINT SERVICE EXPLOSIVE ORDNANCE DEVELOPMENT ...................... 4,600 4,600 

SUBTOTAL, ADVANCED COMPONENT DEVELOPMENT & 

PROTOTYPES ................................................................................................. 4,600 4,600 

SYSTEM DEVELOPMENT & DEMONSTRATION 

131 0604771N MEDICAL DEVELOPMENT .................................................................................. 2,173 2,173 

SUBTOTAL, SYSTEM DEVELOPMENT & DEMONSTRATION 2,173 2,173 

RDT&E MANAGEMENT SUPPORT 

160 0605866N NAVY SPACE AND ELECTRONIC WARFARE (SEW) SUPPORT ................ 5,200 5,200 

SUBTOTAL, RDT&E MANAGEMENT SUPPORT ............................. 5,200 5,200 

OPERATIONAL SYSTEMS DEVELOPMENT 

195 0206624M MARINE CORPS COMBAT SERVICES SUPPORT .......................................... 6,762 6,762 

221 0305233N RQ–7 UAV ................................................................................................................. 7,600 7,600 

230A 9999999999 CLASSIFIED PROGRAMS .................................................................................... 33,784 33,784 

SUBTOTAL, OPERATIONAL SYSTEMS DEVELOPMENT ........... 48,146 48,146 

TOTAL, RESEARCH, DEVELOPMENT, TEST & EVAL, NAVY .. 60,119 60,119 

RESEARCH, DEVELOPMENT, TEST & EVAL, AF 

OPERATIONAL SYSTEMS DEVELOPMENT 

249A 9999999999 CLASSIFIED PROGRAMS .................................................................................... 53,150 53,150 

SUBTOTAL, OPERATIONAL SYSTEMS DEVELOPMENT ........... 53,150 53,150 

TOTAL, RESEARCH, DEVELOPMENT, TEST & EVAL, AF ......... 53,150 53,150 

RESEARCH, DEVELOPMENT, TEST & EVAL, DW 

OPERATIONAL SYSTEMS DEVELOPMENT 

239 0305231BB MQ–8 UAV ................................................................................................................ 5,000 5,000 

276A 9999999999 CLASSIFIED PROGRAMS .................................................................................... 107,387 107,387 

SUBTOTAL, OPERATIONAL SYSTEMS DEVELOPMENT ........... 112,387 112,387 

TOTAL, RESEARCH, DEVELOPMENT, TEST & EVAL, DW ....... 112,387 112,387 

TOTAL, RESEARCH, DEVELOPMENT, TEST & EVAL ................. 245,516 245,516 


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1 TITLE XLIII—OPERATION AND 

2 MAINTENANCE 

3 SEC. 4301. OPERATION AND MAINTENANCE. 

SEC. 4301. OPERATION AND MAINTENANCE 

(In Thousands of Dollars) 

Line Item FY 2013 

Request 

Senate 

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 SUPPORT ................................ 3,447,174 3,447,174 

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 7,401,613 

110 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION ........................................................................................................ 3,041,074 3,041,074

120 MANAGEMENT AND OPERATIONAL HQ’S ....................................... 410,171 410,171 

130 COMBATANT COMMANDERS CORE OPERATIONS ........................ 177,819 177,819 

140 ADDITIONAL ACTIVITIES .................................................................... 0 0 

150 COMMANDERS EMERGENCY RESPONSE PROGRAM ................... 0 0 

160 RESET ........................................................................................................ 0 0 

170 COMBATANT COMMANDERS ANCILLARY MISSIONS ................... 461,333 461,333 

SUBTOTAL, OPERATING FORCES .......................................... 22,436,871 22,436,871 

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 TRAINING CORPS ......................... 443,306 443,306 

250 SPECIALIZED SKILL TRAINING ........................................................ 1,099,556 1,099,556 

260 FLIGHT TRAINING ................................................................................. 1,130,627 1,130,627 

270 PROFESSIONAL DEVELOPMENT EDUCATION .............................. 191,683 191,683 

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 EDUCATION ..................................... 244,343 244,343 

320 CIVILIAN EDUCATION AND TRAINING ............................................ 212,477 212,477 

330 JUNIOR ROTC .......................................................................................... 182,691 182,691 

SUBTOTAL, TRAINING AND RECRUITING ........................ 5,058,610 5,058,610 

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 .................................................................................. 556,307 539,107 

GFEBS realignment per Army request ................................................ [–17,200] 

400 SERVICEWIDE COMMUNICATIONS ................................................... 1,547,925 1,547,925 

410 MANPOWER MANAGEMENT ................................................................. 362,205 362,205 

420 OTHER PERSONNEL SUPPORT ......................................................... 220,754 220,754 

430 OTHER SERVICE SUPPORT ................................................................ 1,153,556 1,145,456 

Decrease for ahead of need request ........................................................ [–8,100] 

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 


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(In Thousands of Dollars) 

Line Item FY 2013 

Request 

Senate 

Authorized 

480 MISC. SUPPORT OF OTHER NATIONS ............................................. 25,637 25,637 

490 CLASSIFIED PROGRAMS ...................................................................... 1,052,595 1,052,595 

SUBTOTAL, ADMIN & SRVWIDE ACTIVITIES .................. 8,505,887 8,480,587 

UNDISTRIBUTED 

UNDISTRIBUTED .............................................................................. –120,000 

Unobligated balances .............................................................................. [–120,000] 

TOTAL, OPERATION & MAINTENANCE, ARMY ............... 36,608,592 36,463,292 

OPERATION & MAINTENANCE, NAVY 

OPERATING FORCES 

010 MISSION AND OTHER FLIGHT OPERATIONS ............................... 4,918,144 4,918,144 

020 FLEET AIR TRAINING ........................................................................... 1,886,825 1,886,825 

030 AVIATION TECHNICAL DATA & ENGINEERING SERVICES ...... 44,032 44,032 

040 AIR OPERATIONS AND SAFETY SUPPORT ..................................... 101,565 101,565 

050 AIR SYSTEMS SUPPORT ...................................................................... 374,827 374,827 

060 AIRCRAFT DEPOT MAINTENANCE .................................................... 960,802 960,802 

070 AIRCRAFT DEPOT OPERATIONS SUPPORT ................................... 37,545 37,545 

080 AVIATION LOGISTICS ............................................................................ 328,805 328,805 

090 MISSION AND OTHER SHIP OPERATIONS ..................................... 4,686,535 4,686,535 

100 SHIP OPERATIONS SUPPORT & TRAINING ................................... 769,204 769,204 

110 SHIP DEPOT MAINTENANCE .............................................................. 5,089,981 5,089,981 

120 SHIP DEPOT OPERATIONS SUPPORT ............................................. 1,315,366 1,315,366 

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 OCEANOGRAPHY ............. 333,554 333,554 

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 OPERATIONS ........................ 95,528 95,528 

220 COMBATANT COMMANDERS DIRECT MISSION SUPPORT ........ 204,569 204,569 

230 CRUISE MISSILE .................................................................................... 111,884 111,884 

240 FLEET BALLISTIC MISSILE ............................................................... 1,181,038 1,181,038 

250 IN-SERVICE WEAPONS SYSTEMS SUPPORT .................................. 87,606 87,606 

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 MODERNIZATION ............ 2,101,279 2,101,279 

300 BASE OPERATING SUPPORT .............................................................. 4,822,093 4,822,093 

SUBTOTAL, OPERATING FORCES .......................................... 33,758,297 33,758,297 

MOBILIZATION 

310 SHIP PREPOSITIONING AND SURGE ............................................... 334,659 334,659 

320 AIRCRAFT ACTIVATIONS/INACTIVATIONS ..................................... 6,562 6,562 

330 SHIP ACTIVATIONS/INACTIVATIONS ................................................ 1,066,329 1,066,329 

340 EXPEDITIONARY HEALTH SERVICES SYSTEMS ......................... 83,901 83,901 

350 INDUSTRIAL READINESS .................................................................... 2,695 2,695 

360 COAST GUARD SUPPORT ..................................................................... 23,502 23,502 

SUBTOTAL, MOBILIZATION ....................................................... 1,517,648 1,517,648 

TRAINING AND RECRUITING 

370 OFFICER ACQUISITION ........................................................................ 147,807 147,807 

380 RECRUIT TRAINING .............................................................................. 10,473 10,473 

390 RESERVE OFFICERS TRAINING CORPS ......................................... 139,220 139,220 

400 SPECIALIZED SKILL TRAINING ........................................................ 582,177 582,177 

410 FLIGHT TRAINING ................................................................................. 5,456 5,456 

420 PROFESSIONAL DEVELOPMENT EDUCATION .............................. 170,746 170,746 

430 TRAINING SUPPORT .............................................................................. 153,403 153,403 

440 RECRUITING AND ADVERTISING ...................................................... 241,329 241,329 

450 OFF-DUTY AND VOLUNTARY EDUCATION ..................................... 108,226 108,226 

460 CIVILIAN EDUCATION AND TRAINING ............................................ 105,776 105,776 

470 JUNIOR ROTC .......................................................................................... 51,817 51,817 

SUBTOTAL, TRAINING AND RECRUITING ........................ 1,716,430 1,716,430 

ADMIN & SRVWD ACTIVITIES 

480 ADMINISTRATION .................................................................................. 797,177 797,177 

490 EXTERNAL RELATIONS ....................................................................... 12,872 12,872 


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(In Thousands of Dollars) 

Line Item FY 2013 

Request 

Senate 

Authorized 

500 CIVILIAN MANPOWER AND PERSONNEL MANAGEMENT .......... 120,181 120,181 

510 MILITARY MANPOWER AND PERSONNEL MANAGEMENT ........ 235,753 235,753 

520 OTHER PERSONNEL SUPPORT ......................................................... 263,060 263,060 

530 SERVICEWIDE COMMUNICATIONS ................................................... 363,213 363,213 

540 MEDICAL ACTIVITIES ........................................................................... 0 0 

550 SERVICEWIDE TRANSPORTATION ................................................... 182,343 182,343 

560 ENVIRONMENTAL PROGRAMS ........................................................... 0 0 

570 PLANNING, ENGINEERING AND DESIGN ........................................ 282,464 282,464 

580 ACQUISITION AND PROGRAM MANAGEMENT ............................... 1,092,123 1,092,123 

590 HULL, MECHANICAL AND ELECTRICAL SUPPORT .................... 53,560 53,560 

600 COMBAT/WEAPONS SYSTEMS ............................................................. 25,299 25,299 

610 SPACE AND ELECTRONIC WARFARE SYSTEMS ........................... 64,418 64,418 

620 NAVAL INVESTIGATIVE SERVICE ..................................................... 580,042 580,042 

680 INTERNATIONAL HEADQUARTERS AND AGENCIES .................. 4,984 4,984 

690 CANCELLED ACCOUNT ADJUSTMENTS .......................................... 0 0 

700 JUDGEMENT FUND ................................................................................ 0 0 

710 CLASSIFIED PROGRAMS ...................................................................... 537,079 537,079 

SUBTOTAL, ADMIN & SRVWD ACTIVITIES ....................... 4,614,568 4,614,568 

UNDISTRIBUTED 

UNDISTRIBUTED .............................................................................. –23,000 

Unobligated balances .............................................................................. [–23,000] 

TOTAL, OPERATION & MAINTENANCE, NAVY ............... 41,606,943 41,583,943 

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 & MODERNIZATION .................. 825,039 825,039 

060 BASE OPERATING SUPPORT .............................................................. 2,188,883 2,188,883 

SUBTOTAL, OPERATING FORCES .......................................... 4,833,412 4,833,412 

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 EDUCATION .............................. 42,744 42,744 

110 TRAINING SUPPORT .............................................................................. 292,150 292,150 

120 RECRUITING AND ADVERTISING ...................................................... 168,609 168,609 

130 OFF-DUTY AND VOLUNTARY EDUCATION ..................................... 56,865 56,865 

140 JUNIOR ROTC .......................................................................................... 19,912 19,912 

SUBTOTAL, TRAINING AND RECRUITING ........................ 680,314 680,314 

ADMIN & SRVWD ACTIVITIES 

150 SERVICEWIDE TRANSPORTATION ................................................... 39,962 39,962 

170 ACQUISITION AND PROGRAM MANAGEMENT ............................... 83,404 83,404 

180 CANCELLED ACCOUNT ADJUSTMENT ............................................. 0 0 

190 CLASSIFIED PROGRAMS ...................................................................... 346,071 346,071 

SUBTOTAL, ADMIN & SRVWD ACTIVITIES ....................... 469,437 469,437 

TOTAL, OPERATION & MAINTENANCE, MARINE 

CORPS .................................................................................................. 5,983,163 5,983,163 

OPERATION & MAINTENANCE, AIR FORCE 

OPERATING FORCES 

010 PRIMARY COMBAT FORCES ................................................................ 2,973,141 2,973,141 

020 COMBAT ENHANCEMENT FORCES ................................................... 1,611,032 1,611,032 

030 AIR OPERATIONS TRAINING (OJT, MAINTAIN SKILLS) ............ 1,472,806 1,472,806 

040 DEPOT MAINTENANCE ......................................................................... 5,545,470 5,545,470 

050 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION ........................................................................................................ 1,353,987 1,353,987

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 

090 JCS EXERCISES ...................................................................................... 0 0 

100 TACTICAL INTEL AND OTHER SPECIAL ACTIVITIES ................ 733,716 733,716 

110 LAUNCH FACILITIES ............................................................................ 314,490 314,490 


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(In Thousands of Dollars) 

Line Item FY 2013 

Request 

Senate 

Authorized 

120 SPACE CONTROL SYSTEMS ................................................................. 488,762 488,762 

130 COMBATANT COMMANDERS DIRECT MISSION SUPPORT ........ 862,979 862,979 

140 COMBATANT COMMANDERS CORE OPERATIONS ........................ 222,429 222,429 

SUBTOTAL, OPERATING FORCES .......................................... 20,047,084 20,047,084 

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, RESTORATION & MODERNIZATION ........................................................................................................ 309,699 309,699 

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 CORPS (ROTC) .......................... 92,949 92,949 

230 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION ........................................................................................................ 336,433 336,433 

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 EDUCATION .............................. 235,114 235,114 

280 TRAINING SUPPORT .............................................................................. 101,231 101,231 

290 DEPOT MAINTENANCE ......................................................................... 233,330 233,330 

300 JUDGEMENT FUND ................................................................................ 0 0 

310 RECRUITING AND ADVERTISING ...................................................... 130,217 130,217 

320 EXAMINING ............................................................................................... 2,738 2,738 

330 OFF-DUTY AND VOLUNTARY EDUCATION ..................................... 155,170 155,170 

340 CIVILIAN EDUCATION AND TRAINING ............................................ 175,147 175,147 

350 JUNIOR ROTC .......................................................................................... 74,809 74,809 

SUBTOTAL, TRAINING AND RECRUITING ........................ 3,745,868 3,745,868 

ADMIN & SRVWD ACTIVITIES 

360 LOGISTICS OPERATIONS ..................................................................... 1,029,734 1,029,734 

370 TECHNICAL SUPPORT ACTIVITIES .................................................. 913,843 913,843 

390 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION ........................................................................................................ 303,610 303,610 

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 

450 JUDGEMENT FUND REIMBURSEMENT .......................................... 0 0 

470 INTERNATIONAL SUPPORT ................................................................ 81,307 81,307 

480 CLASSIFIED PROGRAMS ...................................................................... 1,239,040 1,239,040 

SUBTOTAL, ADMIN & SRVWD ACTIVITIES ....................... 7,208,311 7,208,311 

UNDISTRIBUTED 

UNDISTRIBUTED .............................................................................. –32,000 

Unobligated balances .............................................................................. [–32,000] 

TOTAL, OPERATION & MAINTENANCE, AIR FORCE .. 35,435,360 35,403,360 

OPERATION & MAINTENANCE, DEFENSE-WIDE 

OPERATING FORCES 

010 JOINT CHIEFS OF STAFF .................................................................... 485,708 485,708 

020 SPECIAL OPERATIONS COMMAND .................................................... 0 5,107,501 

Transfer from Line 025 .......................................................................... [5,091,001] 

USSOCOM UFR .................................................................................... [16,500] 

025 CLASSIFIED PROGRAMS ...................................................................... 5,091,001 0 

Transfer to Line 020 .............................................................................. [–5,091,001] 

SUBTOTAL, OPERATING FORCES .......................................... 5,576,709 5,593,209 

TRAINING AND RECRUITING 

030 DEFENSE ACQUISITION UNIVERSITY ............................................. 147,210 147,210 

040 NATIONAL DEFENSE UNIVERSITY ................................................... 84,999 84,999 

SUBTOTAL, TRAINING AND RECRUITING ........................ 232,209 232,209 


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(In Thousands of Dollars) 

Line Item FY 2013 

Request 

Senate 

Authorized 

ADMIN & SRVWD ACTIVITIES 

050 CIVIL MILITARY PROGRAMS .............................................................. 161,294 161,294 

070 DEFENSE BUSINESS TRANSFORMATION AGENCY ..................... 0 0 

080 DEFENSE CONTRACT AUDIT AGENCY ............................................ 573,973 573,973 

090 DEFENSE CONTRACT MANAGEMENT AGENCY ............................. 1,293,196 1,293,196 

100 DEFENSE FINANCE AND ACCOUNTING SERVICE ....................... 17,513 17,513 

110 DEFENSE HUMAN RESOURCES ACTIVITY .................................... 676,186 676,186 

120 DEFENSE INFORMATION SYSTEMS AGENCY ................................ 1,346,847 1,346,847 

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 AGENCY ............................. 557,917 540,317 

Program decrease—Defense Security Assessment ................................ [–2,600] 

Program decrease—Global Train and Equip ...................................... [–15,000] 

190 DEFENSE SECURITY SERVICE .......................................................... 506,662 

Transfer from Line 280 .......................................................................... [506,662] 

200 DEFENSE TECHNOLOGY SECURITY ADMINISTRATION ........... 35,319 35,319 

210 DEFENSE THREAT REDUCTION AGENCY ...................................... 443,382 

Transfer from Line 280 .......................................................................... [443,382] 

220 DEPARTMENT OF DEFENSE EDUCATION ACTIVITY .................. 2,744,971 2,744,971 

230 MISSILE DEFENSE AGENCY ............................................................... 259,975 259,975 

250 OFFICE OF ECONOMIC ADJUSTMENT ............................................. 253,437 114,037 

Decrease for ahead of need request ........................................................ [–139,400] 

260 OFFICE OF THE SECRETARY OF DEFENSE ................................. 2,095,362 2,095,362 

270 WASHINGTON HEADQUARTERS SERVICE ..................................... 521,297 521,297 

280 CLASSIFIED PROGRAMS ...................................................................... 14,933,801 14,158,757 

Transfer to Line 190 .............................................................................. [–506,662] 

Transfer to Line 210 .............................................................................. [–443,382] 

Commercial imagery service level agreement ....................................... [125,000] 

Additional ISR Support to Operation Observant Compass ............... [50,000] 

SUBTOTAL, ADMIN & SRVWD ACTIVITIES ....................... 26,184,095 26,202,095 

UNDISTRIBUTED 

UNDISTRIBUTED .............................................................................. 5,000 

Unobligated balances .............................................................................. [–25,000] 

Impact aid for schools with military dependent students ................... [25,000] 

Impact aid for children with severe disabilities ................................... [5,000] 

TOTAL, OPERATION & MAINTENANCE, DEFENSEWIDE ..................................................................................................... 31,993,013 32,032,513 

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 

050 LAND FORCES OPERATIONS SUPPORT .......................................... 633,091 633,091 

060 AVIATION ASSETS .................................................................................. 76,823 76,823 

070 FORCE READINESS OPERATIONS SUPPORT ................................ 481,997 481,997 

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, RESTORATION & MODERNIZATION ........................................................................................................ 287,399 287,399 

120 MANAGEMENT AND OPERATIONAL HQ’S ....................................... 52,431 52,431 

130 ADDITIONAL ACTIVITIES .................................................................... 0 0 

SUBTOTAL, OPERATING FORCES .......................................... 3,034,929 3,034,929 

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 16,074 

180 RECRUITING AND ADVERTISING ...................................................... 60,683 60,683 

SUBTOTAL, ADMIN & SRVWD ACTIVITIES ....................... 127,079 127,079 

TOTAL, OPERATION & MAINTENANCE, ARMY RES .... 3,162,008 3,162,008 

OPERATION & MAINTENANCE, NAVY RES 


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(In Thousands of Dollars) 

Line Item FY 2013 

Request 

Senate 

Authorized 

OPERATING FORCES 

010 MISSION AND OTHER FLIGHT OPERATIONS ............................... 616,776 616,776 

020 INTERMEDIATE MAINTENANCE ........................................................ 15,076 15,076 

030 AIR OPERATIONS AND SAFETY SUPPORT ..................................... 1,479 1,479 

040 AIRCRAFT DEPOT MAINTENANCE .................................................... 107,251 107,251 

050 AIRCRAFT DEPOT OPERATIONS SUPPORT ................................... 355 355 

060 MISSION AND OTHER SHIP OPERATIONS ..................................... 82,186 82,186 

070 SHIP OPERATIONS SUPPORT & TRAINING ................................... 589 589 

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 MODERNIZATION ............ 60,646 60,646 

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 PERSONNEL MANAGEMENT ........ 14,337 14,337 

170 SERVICEWIDE COMMUNICATIONS ................................................... 2,392 2,392 

180 ACQUISITION AND PROGRAM MANAGEMENT ............................... 3,090 3,090 

SUBTOTAL, ADMIN & SRVWD ACTIVITIES ....................... 22,936 22,936 

TOTAL, OPERATION & MAINTENANCE, NAVY RES ..... 1,246,982 1,246,982 

OPERATION & MAINTENANCE, MC RESERVE 

OPERATING FORCES 

010 OPERATING FORCES ............................................................................. 89,690 89,690 

020 DEPOT MAINTENANCE ......................................................................... 16,735 16,735 

030 SUSTAINMENT, RESTORATION AND MODERNIZATION ............ 37,913 37,913 

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 

080 CANCELLED ACCOUNT ADJUSTMENT ............................................. 0 0 

SUBTOTAL, ADMIN & SRVWD ACTIVITIES ....................... 24,201 24,201 

TOTAL, OPERATION & MAINTENANCE, MC RESERVE .................................................................................................. 272,285 272,285 

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, RESTORATION & MODERNIZATION ........................................................................................................ 71,564 71,564 

050 BASE SUPPORT ....................................................................................... 364,862 364,862 

SUBTOTAL, OPERATING FORCES .......................................... 3,044,845 3,044,845 

ADMIN & SRVWD ACTIVITIES 

060 ADMINISTRATION .................................................................................. 78,824 78,824 

070 RECRUITING AND ADVERTISING ...................................................... 16,020 16,020 

080 MILITARY MANPOWER AND PERS MGMT (ARPC) ........................ 19,496 19,496 

090 OTHER PERS SUPPORT (DISABILITY COMP) ............................... 6,489 6,489 

100 AUDIOVISUAL .......................................................................................... 808 808 

SUBTOTAL, ADMIN & SRVWD ACTIVITIES ....................... 121,637 121,637 

TOTAL, OPERATION & MAINTENANCE, AF RESERVE 3,166,482 3,166,482 

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 SUPPORT ................................ 751,606 751,606 


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(In Thousands of Dollars) 

Line Item FY 2013 

Request 

Senate 

Authorized 

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, RESTORATION & MODERNIZATION ........................................................................................................ 688,189 688,189 

120 MANAGEMENT AND OPERATIONAL HQ’S ....................................... 953,716 953,716 

SUBTOTAL, OPERATING FORCES .......................................... 6,648,912 6,648,912 

ADMIN & SRVWD ACTIVITIES 

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 ACTIVITIES ....................... 459,700 459,700 

TOTAL, OPERATION & MAINTENANCE, ARNG ............... 7,108,612 7,108,612 

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, RESTORATION & MODERNIZATION ........................................................................................................ 270,709 270,709 

050 BASE SUPPORT ....................................................................................... 624,443 624,443 

SUBTOTAL, OPERATING FORCES .......................................... 5,951,076 5,951,076 

ADMIN & SRVWD ACTIVITIES 

060 ADMINISTRATION .................................................................................. 32,358 32,358 

070 RECRUITING AND ADVERTISING ...................................................... 32,021 32,021 

SUBTOTAL, ADMIN & SRVWD ACTIVITIES ....................... 64,379 64,379 

TOTAL, OPERATION & MAINTENANCE, ANG .................. 6,015,455 6,015,455 

MISCELLANEOUS APPROPRIATIONS 

010 US COURT OF APPEALS FOR THE ARMED FORCES, DEFENSE .................................................................................................... 13,516 13,516 

040 ACQ WORKFORCE DEV FD .................................................................. 274,198 274,198 

020 OVERSEAS HUMANITARIAN, DISASTER AND CIVIC AID .......... 108,759 108,759 

030 COOPERATIVE THREAT REDUCTION .............................................. 519,111 519,111 

050 ENVIRONMENTAL RESTORATION, ARMY ....................................... 335,921 335,921 

060 ENVIRONMENTAL RESTORATION, NAVY ........................................ 310,594 310,594 

070 ENVIRONMENTAL RESTORATION, AIR FORCE ............................ 529,263 529,263 

080 ENVIRONMENTAL RESTORATION, DEFENSE ............................... 11,133 11,133 

090 ENVIRONMENTAL RESTORATION FORMERLY USED SITES ... 237,543 237,543 

TOTAL, MISCELLANEOUS APPROPRIATIONS ................ 2,340,038 2,340,038 

TOTAL, OPERATION & MAINTENANCE .............................. 174,938,933 174,778,133 


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2 CONTINGENCY OPERATIONS. 

SEC. 4302. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Line Item FY 2013 

Request 

Senate 

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 SUPPORT ................................ 1,755,445 1,755,445 

080 LAND FORCES SYSTEMS READINESS ............................................. 307,244 307,244 

100 BASE OPERATIONS SUPPORT ............................................................ 393,165 393,165 

110 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION ........................................................................................................ 250,000 250,000 

140 ADDITIONAL ACTIVITIES .................................................................... 12,524,137 12,524,137 

150 COMMANDERS EMERGENCY RESPONSE PROGRAM ................... 400,000 200,000 

Program decrease .................................................................................... [–200,000] 

160 RESET ........................................................................................................ 3,687,973 3,687,973 

SUBTOTAL, OPERATING FORCES .......................................... 23,107,822 22,907,822 

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 at SOUTHCOM request .................. [–40,000] 

430 OTHER SERVICE SUPPORT ................................................................ 72,293 72,293 

490 CLASSIFIED PROGRAMS ...................................................................... 1,828,717 1,828,717 

SUBTOTAL, ADMIN & SRVWIDE ACTIVITIES .................. 5,483,619 5,443,619 

TOTAL, OPERATION & MAINTENANCE, ARMY ............... 28,591,441 28,351,441 

OPERATION & MAINTENANCE, NAVY 

OPERATING FORCES 

010 MISSION AND OTHER FLIGHT OPERATIONS ............................... 937,098 937,098 

030 AVIATION TECHNICAL DATA & ENGINEERING SERVICES ...... 1,000 1,000 

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 & TRAINING ................................... 24,774 24,774 

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 OCEANOGRAPHY ............. 19,226 19,226 

180 COMBAT SUPPORT FORCES ............................................................... 1,668,359 1,668,359 

190 EQUIPMENT MAINTENANCE ............................................................... 7,954 7,954 

250 IN-SERVICE WEAPONS SYSTEMS SUPPORT .................................. 94,655 94,655 

260 WEAPONS MAINTENANCE .................................................................... 303,087 303,087 

290 SUSTAINMENT, RESTORATION AND MODERNIZATION ............ 3,218 3,218 

300 BASE OPERATING SUPPORT .............................................................. 143,442 143,442 

SUBTOTAL, OPERATING FORCES .......................................... 5,329,365 5,329,365 

MOBILIZATION 

340 EXPEDITIONARY HEALTH SERVICES SYSTEMS ......................... 31,395 31,395 

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 RECRUITING ........................ 50,903 50,903 

ADMIN & SRVWD ACTIVITIES 

480 ADMINISTRATION .................................................................................. 1,377 1,377 

490 EXTERNAL RELATIONS ....................................................................... 487 487 

510 MILITARY MANPOWER AND PERSONNEL MANAGEMENT ........ 6,022 6,022 

520 OTHER PERSONNEL SUPPORT ......................................................... 3,514 3,514 


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(In Thousands of Dollars) 

Line Item FY 2013 

Request 

Senate 

Authorized 

550 SERVICEWIDE TRANSPORTATION ................................................... 184,864 184,864 

580 ACQUISITION AND PROGRAM MANAGEMENT ............................... 2,026 2,026 

620 NAVAL INVESTIGATIVE SERVICE ..................................................... 1,425 1,425 

710 CLASSIFIED PROGRAMS ...................................................................... 14,556 14,556 

SUBTOTAL, ADMIN & SRVWD ACTIVITIES ....................... 214,271 214,271 

TOTAL, OPERATION & MAINTENANCE, NAVY ............... 5,880,395 5,880,395 

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 RECRUITING ........................ 215,212 215,212 

ADMIN & SRVWD ACTIVITIES 

150 SERVICEWIDE TRANSPORTATION ................................................... 512,627 512,627 

190 CLASSIFIED PROGRAMS ...................................................................... 11,701 11,701 

SUBTOTAL, ADMIN & SRVWD ACTIVITIES ....................... 524,328 524,328 

TOTAL, OPERATION & MAINTENANCE, MARINE 

CORPS .................................................................................................. 4,066,340 4,066,340 

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, MAINTAIN SKILLS) ............ 13,095 13,095 

040 DEPOT MAINTENANCE ......................................................................... 1,403,238 1,403,238 

050 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION ........................................................................................................ 155,954 155,954 

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 ACTIVITIES ................ 25,400 25,400 

120 SPACE CONTROL SYSTEMS ................................................................. 5,110 5,110 

130 COMBATANT COMMANDERS DIRECT MISSION SUPPORT ........ 52,173 52,173 

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, RESTORATION & MODERNIZATION ........................................................................................................ 4,431 4,431 

190 BASE SUPPORT ....................................................................................... 9,256 9,256 

SUBTOTAL, MOBILIZATION ....................................................... 3,799,350 3,799,350 

TRAINING AND RECRUITING 

230 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION ........................................................................................................ 424 424 

240 BASE SUPPORT ....................................................................................... 1,036 1,036 

250 SPECIALIZED SKILL TRAINING ........................................................ 10,923 10,923 

260 FLIGHT TRAINING ................................................................................. 72 72 

270 PROFESSIONAL DEVELOPMENT EDUCATION .............................. 323 323 

280 TRAINING SUPPORT .............................................................................. 352 352 

SUBTOTAL, TRAINING AND RECRUITING ........................ 13,130 13,130 

ADMIN & SRVWD ACTIVITIES 

360 LOGISTICS OPERATIONS ..................................................................... 100,429 100,429 

390 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION ........................................................................................................ 47,200 47,200 

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 


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(In Thousands of Dollars) 

Line Item FY 2013 

Request 

Senate 

Authorized 

SUBTOTAL, ADMIN & SRVWD ACTIVITIES ....................... 841,764 841,764 

TOTAL, OPERATION & MAINTENANCE, AIR FORCE .. 9,241,613 9,241,613 

OPERATION & MAINTENANCE, DEFENSE-WIDE 

OPERATING FORCES 

010 JOINT CHIEFS OF STAFF .................................................................... 2,000 2,000 

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 AGENCY ............................. 69,803 69,803 

110 DEFENSE HUMAN RESOURCES ACTIVITY .................................... 3,334 3,334 

120 DEFENSE INFORMATION SYSTEMS AGENCY ................................ 152,925 152,925 

140 DEFENSE LEGAL SERVICES AGENCY ............................................. 102,322 102,322 

160 DEFENSE MEDIA ACTIVITY ................................................................ 10,823 10,823 

180 DEFENSE SECURITY COOPERATION AGENCY ............................. 2,200,000 2,200,000 

220 DEPARTMENT OF DEFENSE EDUCATION ACTIVITY .................. 139,830 139,830 

260 OFFICE OF THE SECRETARY OF DEFENSE ................................. 87,805 87,805 

280 CLASSIFIED PROGRAMS ...................................................................... 2,522,003 2,522,003 

SUBTOTAL, ADMIN & SRVWD ACTIVITIES ....................... 5,319,519 5,319,519 

TOTAL, OPERATION & MAINTENANCE, DEFENSEWIDE ..................................................................................................... 7,824,579 7,824,579 

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 SUPPORT ................................ 20,726 20,726 

100 BASE OPERATIONS SUPPORT ............................................................ 34,400 34,400 

SUBTOTAL, OPERATING FORCES .......................................... 154,537 154,537 

TOTAL, OPERATION & MAINTENANCE, ARMY RES .... 154,537 154,537 

OPERATION & MAINTENANCE, NAVY RES 

OPERATING FORCES 

010 MISSION AND OTHER FLIGHT OPERATIONS ............................... 24,834 24,834 

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 & MAINTENANCE, NAVY RES ..... 55,924 55,924 

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 & MAINTENANCE, MC RESERVE .................................................................................................. 25,477 25,477 

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 

SUBTOTAL, OPERATING FORCES .......................................... 120,618 120,618 

TOTAL, OPERATION & MAINTENANCE, AF RESERVE 120,618 120,618 

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 


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(In Thousands of Dollars) 

Line Item FY 2013 

Request 

Senate 

Authorized 

070 FORCE READINESS OPERATIONS SUPPORT ................................ 43,780 43,780 

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 ACTIVITIES ....................... 2,000 2,000 

TOTAL, OPERATION & MAINTENANCE, ARNG ............... 382,448 382,448 

OPERATION & MAINTENANCE, ANG 

OPERATING FORCES 

020 MISSION SUPPORT OPERATIONS ..................................................... 19,975 19,975 

SUBTOTAL, OPERATING FORCES .......................................... 19,975 19,975 

TOTAL, OPERATION & MAINTENANCE, ANG .................. 19,975 19,975 

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 FORCES FUND ...... 5,749,167 5,749,167 

AFGHANISTAN INFRASTRUCTURE FUND 

010 POWER ....................................................................................................... 400,000 350,000

Program decrease .................................................................................... [–50,000] 

TOTAL, AFGHANISTAN INFRASTRUCTURE FUND ...... 400,000 350,000 

TOTAL, OPERATION & MAINTENANCE .............................. 62,512,514 62,222,514 


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1 TITLE XLIV—MILITARY 

2 PERSONNEL 

3 SEC. 4401. MILITARY PERSONNEL. 

SEC. 4401. MILITARY PERSONNEL 

(In Thousands of Dollars) 

Item FY 2013 

Request 

Senate 

Authorized 

MILITARY PERSONNEL .................................................................. 135,111,799 135,117,799 

BAH for Full-time Guard Transition to Active Duty ............. [6,000 ] 

TOTAL, MILITARY PERSONNEL ................................ 135,111,799 135,117,799 


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1 SEC. 4402. MILITARY PERSONNEL FOR OVERSEAS CONTIN2 GENCY OPERATIONS. 

SEC. 4402. MILITARY PERSONNEL FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Item FY 2013 

Request 

Senate 

Authorized 

MILITARY PERSONNEL .................................................................. 14,060,094 14,060,094 

TOTAL, MILITARY PERSONNEL ................................ 14,060,094 14,060,094 


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1 TITLE XLV—OTHER 

2 AUTHORIZATIONS 

3 SEC. 4501. OTHER AUTHORIZATIONS. 

SEC. 4501. OTHER AUTHORIZATIONS 

(In Thousands of Dollars) 

Line Item FY 2013 

Request 

Senate 

Authorized 

WORKING CAPITAL FUND, ARMY 

010 PREPOSITIONED WAR RESERVE STOCKS ..................................................... 60,037 60,037 

TOTAL, WORKING CAPITAL FUND, ARMY ......................................... 60,037 60,037 

WORKING CAPITAL FUND, AIR FORCE 

010 C–17 CLS ENGINE REPAIR .................................................................................. 0 0 

020 TRANSPORTATION FALLEN HEROES .............................................................. 0 0 

040 SUPPLIES AND MATERIALS (MEDICAL/DENTAL) ....................................... 45,452 45,452 

TOTAL, WORKING CAPITAL FUND, AIR FORCE ............................. 45,452 45,452 

WORKING CAPITAL FUND, DEFENSE-WIDE 

010 DEFENSE LOGISTICS AGENCY (DLA) .............................................................. 39,135 39,135 

TOTAL, WORKING CAPITAL FUND, DEFENSE-WIDE .................. 39,135 39,135 

WORKING CAPITAL FUND, DECA 

010 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 

010 T–AKE ......................................................................................................................... 0 0 

020 MPF MLP ................................................................................................................... 38,000 38,000 

030 POST DELIVERY AND OUTFITTING ................................................................. 39,386 39,386 

040 NATIONAL DEF SEALIFT VESSEL .................................................................... 0 0 

050 LG MED SPD RO/RO MAINTENANCE ................................................................ 128,819 128,819 

060 DOD MOBILIZATION ALTERATIONS ................................................................ 26,598 26,598 

070 TAH MAINTENANCE .............................................................................................. 29,199 29,199 

080 RESEARCH AND DEVELOPMENT ...................................................................... 42,811 42,811 

090 READY RESERVE FORCE ..................................................................................... 303,323 303,323 

100 MARAD SHIP FINANCING GUARANTEE PROGRAM ..................................... 0 0 

TOTAL, NATIONAL DEFENSE SEALIFT FUND ................................ 608,136 608,136 

DEFENSE HEALTH PROGRAM 

DHP, OPERATION & MAINTENANCE 

010 IN-HOUSE CARE ..................................................................................................... 8,625,507 8,625,507 

020 PRIVATE SECTOR CARE ....................................................................................... 16,148,263 16,148,263 

030 CONSOLIDATED HEALTH SUPPORT ............................................................... 2,309,185 2,309,185 

040 INFORMATION MANAGEMENT ............................................................................ 1,465,328 1,465,328 

050 MANAGEMENT ACTIVITIES ................................................................................. 332,121 332,121 

060 EDUCATION AND TRAINING ............................................................................... 722,081 722,081 

070 BASE OPERATIONS/COMMUNICATIONS .......................................................... 1,746,794 1,746,794 

070A UNDISTRIBUTED .................................................................................................... 452,000 

Restore DOD assumed Savings for TRICARE Proposals ................................... [452,000] 

SUBTOTAL, DHP, OPERATION & MAINTENANCE ........................ 31,349,279 31,801,279 

DHP, RDT&E 

080 DEFENSE HEALTH PROGRAM ........................................................................... 672,977 672,977 

SUBTOTAL, DHP, RDT&E ............................................................................. 672,977 672,977 

DHP, PROCUREMENT 

090 DEFENSE HEALTH PROGRAM ........................................................................... 506,462 506,462 

SUBTOTAL, DHP, PROCUREMENT 

TOTAL, DEFENSE HEALTH PROGRAM ................................................ 32,528,718 32,980,718 

CHEM AGENTS & MUNITIONS DESTRUCTION 

001 OPERATION & MAINTENANCE ........................................................................... 635,843 635,843 

002 RDT&E ....................................................................................................................... 647,351 647,351 

003 PROCUREMENT ....................................................................................................... 18,592 18,592 

TOTAL, CHEM AGENTS & MUNITIONS DESTRUCTION ............ 1,301,786 1,301,786 


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SEC. 4501. OTHER AUTHORIZATIONS 

(In Thousands of Dollars) 

Line Item FY 2013 

Request 

Senate 

Authorized 

DRUG INTERDICTION & CTR-DRUG ACTIVITIES, DEF 

010 DRUG INTERDICTION & CTR-DRUG ACTIVITIES, DEF .............................. 889,545 863,645 

Transfer to Demand Reduction Program ............................................................. [–25,900] 

020 DRUG DEMAND REDUCTION PROGRAM ......................................................... 109,818 135,718 

Expanded drug testing ........................................................................................... [25,900] 

TOTAL, DRUG INTERDICTION & CTR-DRUG ACTIVITIES, 

DEF ........................................................................................................................ 999,363 999,363 

OFFICE OF THE INSPECTOR GENERAL 

010 OPERATION & MAINTENANCE ........................................................................... 272,821 331,921 

DoD IG growth plan .............................................................................................. [59,100] 

020 RDT&E ....................................................................................................................... 0 0 

030 PROCUREMENT ....................................................................................................... 1,000 1,000 

TOTAL, OFFICE OF THE INSPECTOR GENERAL ........................... 273,821 332,921 

TOTAL, OTHER AUTHORIZATIONS ....................................................... 37,228,008 37,739,108 


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1 SEC. 4502. OTHER AUTHORIZATIONS FOR OVERSEAS CON2 TINGENCY OPERATIONS. 

SEC. 4502. OTHER AUTHORIZATIONS FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Line Item FY 2013 

Request 

Senate 

Authorized 

WORKING CAPITAL FUND, ARMY 

010 PREPOSITIONED WAR RESERVE STOCKS ................................................ 42,600 42,600 

TOTAL, WORKING CAPITAL FUND, ARMY ..................................... 42,600 42,600 

WORKING CAPITAL FUND, AIR FORCE 

010 C–17 CLS ENGINE REPAIR .............................................................................. 230,400 230,400 

020 TRANSPORTATION FALLEN HEROES ......................................................... 10,000 10,000 

TOTAL, WORKING CAPITAL FUND, AIR FORCE ........................ 240,400 240,400 

WORKING CAPITAL FUND, DEFENSE-WIDE 

010 DEFENSE LOGISTICS AGENCY (DLA) .......................................................... 220,364 220,364 

TOTAL, WORKING CAPITAL FUND, DEFENSE-WIDE .............. 220,364 220,364 

DEFENSE HEALTH PROGRAM 

DHP, OPERATION & MAINTENANCE 

010 IN-HOUSE CARE ................................................................................................. 483,326 483,326 

020 PRIVATE SECTOR CARE .................................................................................. 376,982 376,982 

030 CONSOLIDATED HEALTH SUPPORT ........................................................... 111,675 111,675 

040 INFORMATION MANAGEMENT ....................................................................... 4,773 4,773 

050 MANAGEMENT ACTIVITIES ............................................................................. 660 660 

060 EDUCATION AND TRAINING ........................................................................... 15,370 15,370 

070 BASE OPERATIONS/COMMUNICATIONS ...................................................... 1,112 1,112 

SUBTOTAL, DHP, OPERATION & MAINTENANCE 

TOTAL, DEFENSE HEALTH PROGRAM ............................................ 993,898 993,898 

DRUG INTERDICTION & CTR-DRUG ACTIVITIES, DEF 

010 DRUG INTERDICTION & CTR-DRUG ACTIVITIES, DEF ......................... 469,025 469,025 

TOTAL, DRUG INTERDICTION & CTR-DRUG ACTIVITIES, 

DEF .................................................................................................................... 469,025 469,025 

OFFICE OF THE INSPECTOR GENERAL 

010 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 


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1 TITLE XLVI—MILITARY 

2 CONSTRUCTION 

3 SEC. 4601. MILITARY CONSTRUCTION. 

SEC. 4601. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State or Country and 

Installation Project Title Budget Request 

Senate 

Agreement 

ARMY Milcon 

Alaska 

ARMY Fort Wainwright Modified Record Fire Range .......................................... 10,400 10,400 

ARMY Joint Base ElmendorfRichardson Modified Record Fire Range .......................................... 7,900 7,900 

California 

ARMY Concord Lightning Protection System ......................................... 5,800 5,800 

ARMY Concord Engineering/Housing Maintenance Shop ..................... 3,100 3,100 

Colorado 

ARMY Fort Carson, Colorado Digital Multipurpose Training Range ......................... 18,000 18,000 

District of Columbia 

ARMY Fort McNair Vehicle Storage Building, Installation ......................... 7,200 7,200 

Georgia 

ARMY Fort Benning Ground Source Heat Transfer System ......................... 16,000 16,000 

ARMY Fort Gordon Modified Record Fire Range .......................................... 4,000 4,000 

ARMY Fort Gordon Multipurpose Machine Gun Range ............................... 7,100 7,100 

ARMY Fort Gordon Ground Source Heat Transfer System ......................... 12,200 12,200 

ARMY Fort Stewart, Georgia Digital Multipurpose Training Range ......................... 22,000 22,000 

ARMY Fort Stewart, Georgia Automated Combat Pistol Qual Crse ............................ 3,650 3,650 

ARMY Fort Stewart, Georgia Unmanned Aerial Vehicle Complex .............................. 24,000 24,000 

Hawaii 

ARMY Pohakuloa Training 

Area 

Automated Infantry Platoon Battle Course ................. 29,000 29,000 

ARMY Schofield Barracks Barracks .......................................................................... 41,000 41,000 

ARMY Schofield Barracks Barracks .......................................................................... 55,000 55,000 

ARMY Wheeler Army Air Field Combat Aviation Brigade Barracks .............................. 85,000 85,000 

Kansas 

ARMY Fort Riley, Kansas Unmanned Aerial Vehicle Complex .............................. 12,200 12,200 

Kentucky 

ARMY Fort Campbell, Kentucky Battalion Headquarters Complex .................................. 55,000 55,000 

ARMY Fort Campbell, Kentucky Live Fire Exercise Shoothouse ....................................... 3,800 3,800 

ARMY Fort Campbell, Kentucky Unmanned Aerial Vehicle Complex .............................. 23,000 23,000 

ARMY Fort Knox Automated Infantry Squad Battle Course ................... 6,000 6,000 

Missouri 

ARMY Fort Leonard Wood Trainee Barracks Complex 3, Ph 2 ............................... 58,000 58,000 

ARMY Fort Leonard Wood Vehicle Maintenance Shop ............................................. 39,000 39,000 

ARMY Fort Leonard Wood Battalion Complex Facilities ......................................... 26,000 26,000 

New Jersey 

ARMY Picatinny Arsenal Ballistic Evaluation Center ........................................... 10,200 10,200 

ARMY Joint Base McGuireDix-Lakehurst Flight Equipment Complex ........................................... 47,000 47,000 

New York 

ARMY Fort Drum, New York Aircraft Maintenance Hangar ....................................... 95,000 95,000 

ARMY U.S. Military Academy Cadet Barracks ............................................................... 192,000 0 

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 Complex .............................. 26,000 26,000 

Oklahoma 

ARMY Fort Sill Modified Record Fire Range .......................................... 4,900 4,900 

South Carolina 

ARMY Fort Jackson Trainee Barracks Complex 2, Ph 2 ............................... 24,000 24,000 

Texas 

ARMY Corpus Christi Aircraft Component Maintenance Shop ....................... 13,200 13,200 

ARMY Corpus Christi Aircraft Paint Shop ....................................................... 24,000 24,000 

ARMY Fort Bliss Multipurpose Machine Gun Range ............................... 7,200 7,200 

ARMY Fort Hood, Texas Modified Record Fire Range .......................................... 4,200 4,200 

ARMY Fort Hood, Texas Training Aids Center ..................................................... 25,000 25,000 

ARMY Fort Hood, Texas Unmanned Aerial Vehicle Complex .............................. 22,000 22,000 

ARMY Joint Base San Antonio Barracks .......................................................................... 21,000 21,000 

Virginia 

ARMY Arlington Cemetery Expansion Millennium Site ......................... 84,000 0 

ARMY Fort Belvoir Secure Admin/Operations Facility ............................... 94,000 94,000 

ARMY Fort Lee Adv Individual Training Barracks Cplx, Ph2 ............ 81,000 81,000 

Washington 

ARMY Yakima Convoy Live Fire Range ................................................ 5,100 5,100 


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ARMY Joint Base LewisMcChord Battalion Complex .......................................................... 73,000 73,000 

ARMY Joint Base LewisMcChord Waste Water Treatment Plant ....................................... 91,000 91,000 

Italy 

ARMY Camp Ederle Barracks .......................................................................... 36,000 36,000 

ARMY Vicenza Simulations Center ......................................................... 32,000 32,000 

Japan 

ARMY Okinawa Satellite Communications Facility ............................... 78,000 78,000 

ARMY Sagami Vehicle Maintenance Shop ............................................. 18,000 18,000 

Korea 

ARMY Camp Humphreys Battalion Headquarters Complex .................................. 45,000 45,000 

Worldwide Unspec 

ARMY Unspecified Worldwide 

Locations 

Minor Construction FY 13 ............................................ 25,000 25,000 

ARMY Unspecified Worldwide 

Locations 

Host Nation Support FY 13 .......................................... 34,000 34,000 

ARMY Unspecified Worldwide 

Locations 

Planning and Design FY13 ........................................... 65,173 46,173 

Milcon, A—SUBTOTAL .................................................................................................................. 1,923,323 1,598,323 

NAVY Milcon 

Arizona 

NAVY Yuma Security Operations Complex ........................................ 13,300 13,300 

NAVY Yuma Combat Aircraft Loading Apron ................................... 15,985 15,985 

California 

NAVY Camp Pendleton, California Comm. Information Systems Ops Complex .................. 78,897 78,897 

NAVY Camp Pendleton, California San Jacinto Road Extension ......................................... 5,074 5,074 

NAVY Camp Pendleton, California MV22 Aviation Simulator Building ............................. 4,139 4,139 

NAVY Ventura County BAMS Maintenance Training Facility ........................ 14,843 12,790 

NAVY Miramar Hangar 5 Renovations & Addition ............................... 27,897 27,897 

NAVY San Diego Entry Control Point (Gate Five) .................................. 11,752 11,752 

NAVY San Diego LCS Training Facility .................................................. 59,436 59,436 

NAVY Seal Beach Strategic Systems Weapons Eval. Test Lab ................. 30,594 30,594 

NAVY Twentynine Palms, 

California 

Land Expansion Phase 2 ............................................... 47,270 47,270 

NAVY Coronado Bachelor Quarters ........................................................... 76,063 76,063 

NAVY Coronado H–60S Simulator Training Facility ........................... 2,478 2,478 

Florida 

NAVY Jacksonville BAMS Mission Control Complex .................................. 21,980 21,980 

Hawaii 

NAVY Kaneohe Bay MV–22 Hangar and Infrastructure .............................. 82,630 82,630 

NAVY Kaneohe Bay Aircraft Staging Area .................................................... 14,680 14,680 

Mississippi 

NAVY Meridian Dining Facility .............................................................. 10,926 10,926 

New Jersey 

NAVY Earle Combat System Engineering Building Addition ......... 33,498 33,498 

North Carolina 

NAVY Camp Lejeune, North 

Carolina 

Staff NCO Academy Facilities ...................................... 28,986 28,986 

NAVY Camp Lejeune, North 

Carolina 

Base Access and Road—Phase 3 ................................... 40,904 40,904 

NAVY Cherry Point Marine 

Corps Air Station 

Marine Air Support Squadron Compound .................. 34,310 34,310 

NAVY Cherry Point Marine 

Corps Air Station 

Armory ............................................................................ 11,581 11,581 

NAVY New River Personnel Administration Center .................................. 8,525 8,525 

South Carolina 

NAVY Beaufort Ground Support Equipment Shop ................................ 9,465 9,465 

NAVY Beaufort Simulated LHD Flight Deck ......................................... 12,887 12,887 

NAVY Beaufort Recycling/Hazardous Waste Facility ............................ 3,743 3,743 

NAVY Beaufort Aircraft Maintenance Hangar ....................................... 42,010 42,010 

NAVY Beaufort Airfield Security Upgrades ............................................ 13,675 13,675 

NAVY Parris Island Front Gate ATFP Improvements .................................. 10,135 10,135 

Virginia 

NAVY Dahlgren Cruiser/Destroyer Upgrade Training Facility ............. 16,494 16,494 

NAVY Dahlgren Physical Fitness Center ................................................. 11,734 11,734 

NAVY Oceana Naval Air Station A School Barracks .......................................................... 39,086 39,086 

NAVY Portsmouth Drydock 8 Electrical Distribution Upgrade ................. 32,706 32,706 

NAVY Quantico The Basic School Student Quarters—Phase 7 ............. 31,012 31,012 

NAVY Quantico Infrastructure—Widen Russell Road ............................ 14,826 14,826 

NAVY Quantico Weapons Training Battalion Mess Hall ...................... 12,876 12,876 

NAVY Yorktown Regimental Headquarters .............................................. 11,015 11,015 


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Installation Project Title Budget Request 

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Agreement 

NAVY Yorktown Bachelor Enlisted Quarters ........................................... 18,422 18,422 

NAVY Yorktown Motor Transportation Facility ...................................... 6,188 6,188 

NAVY Yorktown Supply Warehouse Facility ........................................... 8,939 8,939 

NAVY Yorktown Armory ............................................................................ 4,259 4,259 

Washington 

NAVY Whidbey Island EA–18G Flight Simulator Facility .............................. 6,272 6,272 

NAVY Kitsap Explosives Handling Wharf #2 (INC) ......................... 280,041 254,241 

Bahrain Island 

NAVY SW Asia Transient Quarters ......................................................... 41,529 41,529 

NAVY SW Asia Combined Dining Facility ............................................. 9,819 9,819 

Diego Garcia 

NAVY Diego Garcia Communications Infrastructure .................................... 1,691 1,691 

Greece 

NAVY Souda Bay Aircraft Parking Apron Expansion .............................. 20,493 20,493 

NAVY Souda Bay Intermodal Access Road ................................................. 4,630 4,630 

Guam 

NAVY Joint Region Marianas North Ramp Parking (Andersen AFB)—INC 2 .......... 25,904 0 

Japan 

NAVY Iwakuni Maintenance Hangar Improvements ............................ 5,722 5,722 

NAVY Iwakuni Vertical Take-Off and Landing Pad North .................. 7,416 7,416 

NAVY Okinawa Bachelor Quarters ........................................................... 8,206 8,206 

Romania 

NAVY Deveselu, Romania AEGIS Ashore Missile Defense Complex ...................... 45,205 45,205 

Spain 

NAVY Rota General Purpose Warehouse ........................................... 3,378 3,378 

NAVY Rota High Explosive Magazine .............................................. 13,837 13,837 

Worldwide Unspec 

NAVY Various Worldwide Locations BAMS Operational Facilities ........................................ 34,048 34,048 

Djibouti 

NAVY Camp Lemonier, 

Djibouti 

Containerized Living and Work Units ......................... 7,510 7,510 

NAVY Camp Lemonier, 

Djibouti 

Galley Addition and Warehouse .................................... 22,220 22,220 

NAVY Camp Lemonier, 

Djibouti 

Joint HQ/Joint Operations Center Facility ................ 42,730 42,730 

NAVY Camp Lemonier, 

Djibouti 

Fitness Center ................................................................. 26,960 26,960 

Worldwide Unspec 

NAVY Unspecified Worldwide 

Locations 

Unspecified Minor Construction ................................... 16,535 16,535 

NAVY Unspecified Worldwide 

Locations 

MCON Design Funds ..................................................... 102,619 102,619 

Milcon, N—SUBTOTAL ................................................................................................................. 1,701,985 1,648,228 

AF Milcon 

Arkansas 

AF Little Rock AFB C–130J Fuel Systems Maintenance Hangar ............... 26,000 26,000 

AF Little Rock AFB C–130J Flight Simulator Addition .............................. 4,178 4,178 

Florida 

AF Tyndall AFB F–22 ADAL Hangar for Low Observable/Composite .. 14,750 14,750 

Georgia 

AF Fort Stewart, Georgia Air Support Operations Center (ASOC) ...................... 7,250 7,250 

AF Moody AFB HC–130J Simulator Facility ........................................ 8,500 8,500 

Nebraska 

AF Offutt AFB US STRATCOM Replacement Facility, Incr 2 ........... 161,000 128,000 

New Mexico 

AF Holloman AFB MQ–9 Maintenance Hangar .......................................... 25,000 25,000 

North Dakota 

AF Minot AFB B–52 Add/Alter Munitions AGE Facility .................... 4,600 4,600 

Texas 

AF Joint Base San Antonio Dormitory (144 Rm) ...................................................... 18,000 18,000 

Utah 

AF Hill AFB F–35 ADAL Hangar 45W/AMU ................................... 7,250 7,250 

AF Hill AFB F–35 Modular Storage Magazines ................................ 2,280 2,280 

AF Hill AFB F–35 ADAL Building 118 for Flight Simulator ......... 4,000 4,000 

Greenland 

AF Thule Ab Dormitory (48 PN) ........................................................ 24,500 24,500 

Italy 

AF Aviano Ab F–16 Mission Training Center ..................................... 9,400 9,400 

Worldwide Unspec 

AF Unspecified Worldwide 

Locations 

Transient Contingency Dormitory—100 Rm .............. 17,625 0 

AF Unspecified Worldwide 

Locations 

Transient Aircraft Hangars .......................................... 15,032 0 

AF Unspecified Worldwide 

Locations 

Sanitary Sewer Lift/Pump Station .............................. 2,000 2,000 


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Agreement 

AF Various Worldwide Locations Unspecified Minor Construction ................................... 18,200 18,200 

AF Unspecified Worldwide 

Locations 

Planning and Design ..................................................... 18,635 18,635 

Milcon, AF—SUBTOTAL ............................................................................................................... 388,200 322,543 

DEF-WIDE 

Milcon 

Belgium 

DEFW Brussels NATO Headquarters Facility ........................................ 26,969 26,969 

Worldwide Unspec 

DEFW Unspecified Worldwide 

Locations 

Energy Conservation Investment Program .................. 150,000 150,000 

DEFW Unspecified Worldwide 

Locations 

Contingency Construction .............................................. 10,000 10,000 

Texas 

DFAS Red River Army Depot DFAS Facility ................................................................ 16,715 16,715 

Illinois 

DISA Scott AFB DISA Facility Upgrades ................................................ 84,111 84,111 

Germany 

DISA Stuttgart-Patch Barracks DISA Europe Facility Upgrades .................................. 2,413 2,413 

Arizona 

DLA Yuma Truck Unload Facility ................................................... 1,300 1,300 

California 

DLA Def Fuel Support 

Point—San Diego 

Replace Fuel Pier ........................................................... 91,563 91,563 

DLA Edwards Air Force Base Replace Fuel Storage ...................................................... 27,500 27,500 

Delaware 

DLA Dover AFB Replace Truck Off-Load Facility .................................. 2,000 2,000 

Florida 

DLA Hurlburt Field Construct Fuel Storage Facility .................................... 16,000 16,000 

Indiana 

DLA Grissom ARB Replace Hydrant Fuel System ...................................... 26,800 26,800 

Louisiana 

DLA Barksdale AFB Upgrade Pumphouse ...................................................... 11,700 11,700 

North Carolina 

DLA Seymour Johnson AFB Replace Pipeline ............................................................. 1,850 1,850 

Pennsylvania 

DLA Def Dist Depot New 

Cumberland 

Replace Sewage Treatment Plant ................................. 6,300 6,300 

DLA Def Dist Depot New 

Cumberland 

Replace Communications Building ............................... 6,800 6,800 

DLA Def Dist Depot New 

Cumberland 

Replace Reservoir ........................................................... 4,300 4,300 

Guam 

DLA Andersen AFB Upgrade Fuel Pipeline ................................................... 67,500 0 

Guantanamo Bay, Cuba 

DLA Guantanamo Bay Replace Truck Load Facility ......................................... 2,600 2,600 

DLA Guantanamo Bay Replace Fuel Pier ........................................................... 37,600 37,600 

Kentucky 

DODEA Fort Campbell, Kentucky Replace Barkley Elementary School ............................. 41,767 41,767 

Germany 

DODEA Vogelweh Replace Vogelweh Elementary School ........................... 61,415 61,415 

DODEA Weisbaden Weisbaden High School Addition .................................. 52,178 52,178 

Japan 

DODEA Camp Zama Renovate Zama High School ......................................... 13,273 13,273 

DODEA Kadena AB Replace Elementary School ........................................... 71,772 71,772 

DODEA Kadena AB Replace Stearley Heights Elementary School .............. 71,773 71,773 

DODEA Zukeran Replace Zukeran Elementary School ............................ 79,036 79,036 

DODEA Sasebo Replace Sasebo Elementary School ............................... 35,733 35,733 

Korea 

DODEA Osan AFB Replace Osan Elementary School ................................. 42,692 42,692 

United Kingdom 

DODEA RAF Feltwell Feltwell Elementary School Addition ........................... 30,811 30,811 

DODEA Menwith Hill Station Replace Menwith Hill Elementary/High School .......... 46,488 46,488 

New York 

MDA Fort Drum, New York IDT Complex .................................................................. 25,900 25,900 

Romania 

MDA Deveselu, Romania Aegis Ashore Missile Defense System Complex ............ 157,900 157,900 

Colorado 

NSA Buckley Air Force Base Denver Power House ...................................................... 30,000 30,000 

Maryland 

NSA Fort Meade NSAW Recapitalize Building #1/Site M Inc 1 ........... 25,000 25,000 

NSA Fort Meade High Performance Computing Center Inc 2 ................ 300,521 225,521 

Utah 


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Account State or Country and 

Installation Project Title Budget Request 

Senate 

Agreement 

NSA Camp Williams IC CNCI Data Center 1 Inc 4 ....................................... 191,414 191,414 

United Kingdom 

NSA Menwith Hill Station MHS Utilities and Roads .............................................. 3,795 3,795 

California 

SOCOM Coronado SOF Indoor Dynamic Shooting Facility ..................... 31,170 31,170 

SOCOM Coronado SOF Close Quarters Combat/Dynamic Shoot Fac ....... 13,969 13,969 

SOCOM Coronado SOF Mobile Comm Detachment Support Facility ...... 10,120 10,120 

Colorado 

SOCOM Fort Carson, Colorado SOF Battalion Operations Complex ............................. 56,673 56,673 

Florida 

SOCOM Eglin AFB SOF AVFID Ops and Maintenance Facilities ............ 41,695 41,695 

SOCOM Macdill AFB SOF Joint Special Ops University Fac (JSOU) ........ 34,409 34,409 

Hawaii 

SOCOM Joint Base Pearl Harbor-Hickam SOF SDVT–1 Waterfront Operations Facility ............ 24,289 24,289 

Kentucky 

SOCOM Fort Campbell, Kentucky SOF Landgraf Hangar Extension ................................ 3,559 3,559 

SOCOM Fort Campbell, Kentucky SOF Ground Support Battalion ................................... 26,313 26,313 

New Mexico 

SOCOM Cannon AFB SOF AC–130J Combat Parking Apron ........................ 22,062 22,062 

North Carolina 

SOCOM Camp Lejeune, North 

Carolina 

SOF Marine Battalion Company/Team Facilities ...... 53,399 53,399 

SOCOM Camp Lejeune, North 

Carolina 

SOF Survival Evasion Resist. Escape Tng Fac .......... 5,465 5,465 

SOCOM Fort Bragg SOF Support Addition .................................................. 3,875 3,875 

SOCOM Fort Bragg SOF Battalion Operations Facility .............................. 40,481 50,481 

SOCOM Fort Bragg SOF Civil Affairs Battalion Complex .......................... 31,373 41,373 

SOCOM Fort Bragg SOF Sustainment Brigade Complex ............................. 24,693 34,693 

Virginia 

SOCOM Joint Exp Base Little 

Creek—Story 

SOF Combat Services Support Facility—East ........... 11,132 11,132 

Washington 

SOCOM Fort Lewis SOF Military Working Dog Kennel ............................. 3,967 3,967 

SOCOM Fort Lewis SOF Battalion Operations Facility .............................. 46,553 46,553 

Conus Classified 

SOCOM Classified Location SOF Parachute Training Facility ................................ 6,477 6,477 

United Kingdom 

SOCOM RAF Mildenhall SOF CV–22 Simulator Facility .................................... 6,490 6,490 

California 

TMA Twentynine Palms, 

California 

Medical Clinic Replacement .......................................... 27,400 27,400 

Colorado 

TMA Pikes Peak High Altitude Medical Research Lab ............................ 3,600 3,600 

Illinois 

TMA Great Lakes Drug Laboratory Replacement ...................................... 28,700 28,700 

TMA Scott AFB Medical Logistics Warehouse ......................................... 2,600 2,600 

Maryland 

TMA Annapolis Health Clinic Replacement ............................................ 66,500 66,500 

TMA Bethesda Naval Hospital Temporary Medical Facilities ....................................... 26,600 26,600 

TMA Bethesda Naval Hospital Base Installation Access/Appearance Plan ................... 7,000 0 

TMA Bethesda Naval Hospital Electrical Capacity and Cooling Towers ...................... 35,600 35,600 

TMA Fort Detrick USAMRIID Stage I, Incr 7 .......................................... 19,000 19,000 

Missouri 

TMA Fort Leonard Wood Dental Clinic .................................................................. 18,100 18,100 

New Mexico 

TMA Cannon AFB Medical/Dental Clinic Replacement .............................. 71,023 71,023 

New York 

TMA Fort Drum, New York Soldier Specialty Care Clinic ........................................ 17,300 17,300 

North Carolina 

TMA Camp Lejeune, North 

Carolina 

Medical Clinic Replacement .......................................... 21,200 21,200 

TMA Seymour Johnson AFB Medical Clinic Replacement .......................................... 53,600 53,600 

South Carolina 

TMA Shaw AFB Medical Clinic Replacement .......................................... 57,200 57,200 

Texas 

TMA Fort Bliss Hospital Replacement Incr 4 ........................................ 207,400 107,400 

TMA Joint Base San Antonio Ambulatory Care Center Phase 3 Incr ......................... 80,700 80,700 

Virginia 

TMA Norfolk Veterinary Facility Replacement .................................. 8,500 8,500 

Germany 

TMA Rhine Ordnance Barracks Medical Center Replacement Incr 2 .............................. 127,000 127,000 


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Senate 

Agreement 

Korea 

TMA Kunsan Air Base Medical/Dental Clinic Addition .................................... 13,000 13,000 

TMA Osan AFB Hospital Addition/Alteration ........................................ 34,600 34,600 

Worldwide Unspec 

DEFW Unspecified Worldwide 

Locations 

Unspecified Minor Construction ................................... 3,000 3,000 

DLA Unspecified Worldwide 

Locations 

Unspecified Minor Construction ................................... 7,254 7,254 

DODEA Unspecified Worldwide 

Locations 

Unspecified Minor Construction ................................... 4,091 4,091 

NSA Unspecified Worldwide 

Locations 

Unspecified Minor Milcon ............................................. 3,000 3,000 

SOCOM Unspecified Worldwide 

Locations 

Unspecified Minor Const ............................................... 10,000 10,000 

TJS Unspecified Worldwide 

Locations 

Exercise Related Minor Construction ........................... 6,440 6,440 

TMA Unspecified Worldwide 

Locations 

Minor Construction ........................................................ 5,000 5,000 

DEFW Unspecified Worldwide 

Locations 

Planning and Design ..................................................... 47,978 47,978 

DIA Unspecified Worldwide 

Locations 

Planning and Design ..................................................... 2,919 2,919 

DLA Unspecified Worldwide 

Locations 

Planning & Design ......................................................... 5,000 5,000 

DODEA Unspecified Worldwide 

Locations 

Planning and Design ..................................................... 105,569 105,569 

MDA Unspecified Worldwide 

Locations 

Planning and Design ..................................................... 4,548 4,548 

NSA Unspecified Worldwide 

Locations 

Planning and Design ..................................................... 8,300 8,300 

SOCOM Unspecified Worldwide 

Locations 

Planning and Design ..................................................... 27,620 27,620 

TMA Unspecified Worldwide 

Locations 

Planning and Design ..................................................... 105,700 105,700 

WHS Unspecified Worldwide 

Locations 

Planning and Design ..................................................... 7,928 7,928 

Milcon,Def-Wide—SUBTOTAL ................................................................................................... 3,654,623 3,435,123 

Services MILCON—TOTAL .......................................................................................................... 7,668,131 7,004,217 

MCon,Army 

NG 

Alabama 

ARMY, NG Fort McClellan 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 & Equipment Site Ph3 ....... 25,000 25,000 

Connecticut 

ARMY, NG Camp Hartell Combined Support Maintenance Shop ......................... 32,000 32,000 

Delaware 

ARMY, NG Bethany Beach Regional Training Institute Ph1 .................................. 5,500 5,500 

Florida 

ARMY, NG Camp Blanding Combined Arms Collective Training Fac ..................... 9,000 9,000 

ARMY, NG Miramar Readiness Center ............................................................. 20,000 20,000 

Hawaii 

ARMY, NG Kapolei Army Aviation Support Facility Ph1 .......................... 28,000 28,000 

Idaho 

ARMY, NG Orchard Training Area ORTC(Barracks)Ph2 ...................................................... 40,000 40,000 

Indiana 

ARMY, NG South Bend Armed Forces Reserve Center Add/Alt .......................... 21,000 21,000 

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 Alterations ....................... 9,500 9,500 

Kentucky 

ARMY, NG Frankfort Army Aviation Support Facility .................................. 32,000 32,000 

Massachusetts 

ARMY, NG Camp Edwards Unit Training Equipment Site ..................................... 22,000 22,000 

Minnesota 

ARMY, NG Camp Ripley Scout Reconnaissance Range ......................................... 17,000 17,000 

ARMY, NG St Paul Readiness Center ............................................................. 17,000 17,000 

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 


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Agreement 

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 Ph1 ............................ 24,000 24,000 

Ohio 

ARMY, NG Chillicothe Field Maintenance Shop Add/Alt .................................. 3,100 3,100 

ARMY, NG Delaware Readiness Center ............................................................. 12,000 12,000 

Oklahoma 

ARMY, NG Camp Gruber Operations Readiness Training Complex ..................... 25,000 25,000 

Utah 

ARMY, NG Camp Williams BEQ Facility (Regional Training Institute) ............... 15,000 15,000 

ARMY, NG Camp Williams Regional Training Institute Ph2 .................................. 21,000 21,000 

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 

Guam 

ARMY, NG Barrigada JFHQ Ph4 ...................................................................... 8,500 8,500 

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 

Worldwide Unspec 

ARMY, NG Unspecified Worldwide 

Locations 

Unspecified Minor Construction ................................... 15,057 15,057 

ARMY, NG Unspecified Worldwide 

Locations 

Planning and Design ..................................................... 26,622 26,622 

MCon,Army NG—Subtotal ............................................................................................................ 613,799 613,799 

MCon,Air NG 

California 

AF, NG Fresno Yosemite IAP 

ANG 

F–15 Conversion ............................................................. 11,000 11,000 

Hawaii 

AF, NG Joint Base Pearl Harbor-Hickam TFI—F–22 Combat Apron Addition ............................ 6,500 6,500 

New Mexico 

AF, NG Kirtland AFB Alter Target Intelligence Facility ................................. 8,500 8,500 

Wyoming 

AF, NG Cheyenne Map C–130 Flight Simulator Training Facility ................. 6,486 6,486 

Worldwide Unspec 

AF, NG Various Worldwide Locations Unspecified Minor Construction ................................... 5,900 5,900 

AF, NG Various Worldwide Locations Planning and Design ..................................................... 4,000 4,000 

MCon,Air NG—Subtotal ................................................................................................................ 42,386 42,386 

NG MILCON—TOTAL .................................................................................................................... 656,185 656,185 

MCon,A Res 

California 

ARMY, RESERVE Fort Hunter Liggett ORTC .............................................................................. 64,000 64,000 

ARMY, RESERVE Fort Hunter Liggett UPH Barracks ................................................................ 4,300 4,300 

ARMY, RESERVE Tustin Army Reserve Center ...................................................... 27,000 27,000 

Illinois 

ARMY, RESERVE Fort Sheridan Army Reserve Center ...................................................... 28,000 28,000 

Maryland 

ARMY, RESERVE Aberdeen Proving 

Ground 

Army Reserve Center ...................................................... 21,000 21,000 

ARMY, RESERVE Baltimore Add/Alt Army Reserve Center ....................................... 10,000 10,000 

Massachusetts 

ARMY, RESERVE Devens Reserve Forces 

Training Area 

Automatic Record Fire Range ....................................... 4,800 4,800 

ARMY, RESERVE Devens Reserve Forces 

Training Area 

Combat Pistol/MP Firearms Qualification .................. 3,700 3,700 

Nevada 

ARMY, RESERVE Las Vegas Army Reserve Center/AMSA .......................................... 21,000 21,000 


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New Jersey 

ARMY, RESERVE Joint Base McGuireDix-Lakehurst Automated Infantry Squad Battle Course ................... 7,400 7,400 

Washington 

ARMY, RESERVE Joint Base LewisMcChord Army Reserve Center ...................................................... 40,000 40,000 

Wisconsin 

ARMY, RESERVE Fort McCoy Central Issue Facility .................................................... 12,200 12,200 

ARMY, RESERVE Fort McCoy Dining Facility .............................................................. 8,600 8,600 

ARMY, RESERVE Fort McCoy ECS Tactical Equip. Maint. Facility (TEMF) ........... 27,000 27,000 

Worldwide Unspec 

ARMY, RESERVE Unspecified Worldwide 

Locations 

Unspecified Minor Construction ................................... 10,895 10,895 

ARMY, RESERVE Unspecified Worldwide 

Locations 

Planning and Design ..................................................... 15,951 15,951 

MCon,A Res—Subtotal ................................................................................................................... 305,846 305,846 

Milcon, Naval 

Res 

Arizona 

NAVY, RESERVE Yuma Reserve Training Facility—Yuma AZ ......................... 5,379 5,379 

Iowa 

NAVY, RESERVE Fort Des Moines Joint Reserve Center—Des Moines IA .......................... 19,162 19,162 

Louisiana 

NAVY, RESERVE New Orleans Transient Quarters ......................................................... 7,187 7,187 

New York 

NAVY, RESERVE Brooklyn Vehicle Maint. Fac.—Brooklyn NY ............................... 4,430 4,430 

Texas 

NAVY, RESERVE Fort Worth Commercial Vehicle Inspection Site .............................. 11,256 11,256 

Worldwide Unspec 

NAVY, RESERVE Unspecified Worldwide 

Locations 

Planning and Design ..................................................... 2,118 2,118 

Milcon, Naval Res—Subtotal ...................................................................................................... 49,532 49,532 

MCon,AF Res 

New York 

AF, RESERVE Niagara Falls IAP Flight Simulator Facility .............................................. 6,100 6,100 

Worldwide Unspec 

AF, RESERVE Various Worldwide Locations Unspecified Minor Construction ................................... 2,000 2,000 

AF, RESERVE Various Worldwide Locations Planning and Design ..................................................... 2,879 2,879 

MCon,AF Res—Subtotal ................................................................................................................ 10,979 10,979 

Reserve Milcon—TOTAL ............................................................................................................... 366,357 366,357 

MILCON Major Accounts—TOTAL .......................................................................................... 8,690,673 8,026,759 

Chem-Demil 

Colorado 

Chem Demil Pueblo Depot Ammunition Demilitarization Facility, Ph XIV ........ 36,000 36,000 

Kentucky 

Chem Demil Blue Grass Army Depot Ammunition Demilitarization Ph XIII ....................... 115,000 115,000 

ChemDemil / NSIP—Total ............................................................................................................ 151,000 151,000 

NSIP 

Worldwide Unspec 

NSIP NATO Security Investment Program NATO Security Investment Program ........................... 254,163 254,163 

NATO Security Investment Program ...................................................................................... 254,163 254,163 

Army Fam 

Housing 

Worldwide Unspec 

FH Const,A Unspecified Worldwide 

Locations 

Family Housing P&D ................................................... 4,641 4,641 

Army Fam Hsg Construction—Subtotal ................................................................................ 4,641 4,641 

Worldwide Unspec 


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(In Thousands of Dollars) 

Account State or Country and 

Installation Project Title Budget Request 

Senate 

Agreement 

FH Op&Dt,A Unspecified Worldwide 

Locations 

Utilities Account ............................................................. 88,112 88,112 

FH Op&Dt,A Unspecified Worldwide 

Locations 

Services Account ............................................................. 13,487 13,487 

FH Op&Dt,A Unspecified Worldwide 

Locations 

Management Account ..................................................... 56,970 56,970 

FH Op&Dt,A Unspecified Worldwide 

Locations 

Miscellaneous Account .................................................... 620 620 

FH Op&Dt,A Unspecified Worldwide 

Locations 

Furnishings Account ...................................................... 31,785 31,785 

FH Op&Dt,A Unspecified Worldwide 

Locations 

Leasing ............................................................................ 203,533 203,533 

FH Op&Dt,A Unspecified Worldwide 

Locations 

Maintenance of Real Property ...................................... 109,534 109,534 

FH Op&Dt,A Unspecified Worldwide 

Locations 

Privatization Support Costs .......................................... 26,010 26,010 

Army Fam Hsg O&M—Subtotal ................................................................................................ 530,051 530,051 

Army Fam Hsg—TOTAL ................................................................................................................ 534,692 534,692 

Navy Fam 

Housing 

Worldwide Unspec 

FH Const,N Unspecified Worldwide 

Locations 

Improvements .................................................................. 97,655 97,655 

FH Const,N Unspecified Worldwide 

Locations 

Design .............................................................................. 4,527 4,527 

Navy Fam Hsg Construction—Subtotal ................................................................................ 102,182 102,182 

Worldwide Unspec 

FH Op&Dt,N Unspecified Worldwide 

Locations 

Utilities Account ............................................................. 80,860 80,860 

FH Op&Dt,N Unspecified Worldwide 

Locations 

Furnishings Account ...................................................... 17,697 17,697 

FH Op&Dt,N Unspecified Worldwide 

Locations 

Management Account ..................................................... 62,741 62,741 

FH Op&Dt,N Unspecified Worldwide 

Locations 

Miscellaneous Account .................................................... 491 491 

FH Op&Dt,N Unspecified Worldwide 

Locations 

Services Account ............................................................. 19,615 19,615 

FH Op&Dt,N Unspecified Worldwide 

Locations 

Leasing ............................................................................ 83,774 83,774 

FH Op&Dt,N Unspecified Worldwide 

Locations 

Maintenance of Real Property ...................................... 85,254 85,254 

FH Op&Dt,N Unspecified Worldwide 

Locations 

Privatization Support Costs .......................................... 27,798 27,798 

Navy Fam Hsg O&M—Subtotal ................................................................................................. 378,230 378,230 

Navy Fam Hsg—TOTAL ................................................................................................................ 480,412 480,412 

AF Fam Housing 

Worldwide Unspec 

FH Con,AF Unspecified Worldwide 

Locations 

Improvements .................................................................. 79,571 79,571 

FH Con,AF Unspecified Worldwide 

Locations 

Planning and Design ..................................................... 4,253 4,253 

AF Fam Hsg Construction—Subtotal ..................................................................................... 83,824 83,824 

Worldwide Unspec 

FH Op&Dt,AF Unspecified Worldwide 

Locations 

Utilities Account ............................................................. 75,662 75,662 

FH Op&Dt,AF Unspecified Worldwide 

Locations 

Management Account ..................................................... 55,002 55,002 

FH Op&Dt,AF Unspecified Worldwide 

Locations 

Services Account ............................................................. 16,550 16,550 

FH Op&Dt,AF Unspecified Worldwide 

Locations 

Furnishings Account ...................................................... 37,878 37,878 

FH Op&Dt,AF Unspecified Worldwide 

Locations 

Miscellaneous Account .................................................... 1,943 1,943 

FH Op&Dt,AF Unspecified Worldwide 

Locations 

Leasing ............................................................................ 62,730 62,730 

FH Op&Dt,AF Unspecified Worldwide 

Locations 

Maintenance (RPMA RPMC) ........................................ 201,937 201,937 

FH Op&Dt,AF Unspecified Worldwide 

Locations 

Housing Privatization ................................................... 46,127 46,127 


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(In Thousands of Dollars) 

Account State or Country and 

Installation Project Title Budget Request 

Senate 

Agreement 

AF Fam Hsg O&M—Subtotal ...................................................................................................... 497,829 497,829 

AF Fam Hsg—TOTAL ..................................................................................................................... 581,653 581,653 

Def-Wide Fam 

Housing 

Worldwide Unspec 

FH Op&Dt,D-W Unspecified Worldwide 

Locations 

Utilities Account ............................................................. 283 283 

FH Op&Dt,D-W Unspecified Worldwide 

Locations 

Utilities Account ............................................................. 12 12 

FH Op&Dt,D-W Unspecified Worldwide 

Locations 

Furnishings Account ...................................................... 4,660 4,660 

FH Op&Dt,D-W Unspecified Worldwide 

Locations 

Furnishings Account ...................................................... 20 20 

FH Op&Dt,D-W Unspecified Worldwide 

Locations 

Services Account ............................................................. 31 31 

FH Op&Dt,D-W Unspecified Worldwide 

Locations 

Management Account ..................................................... 371 371 

FH Op&Dt,D-W Unspecified Worldwide 

Locations 

Furnishings Account ...................................................... 66 66 

FH Op&Dt,D-W Unspecified Worldwide 

Locations 

Leasing ............................................................................ 35,333 35,333 

FH Op&Dt,D-W Unspecified Worldwide 

Locations 

Leasing ............................................................................ 10,822 10,822 

FH Op&Dt,D-W Unspecified Worldwide 

Locations 

Maintenance of Real Property ...................................... 567 567 

FH Op&Dt,D-W Unspecified Worldwide 

Locations 

Maintenance of Real Property ...................................... 73 73 

DefWide Fam Hsg O&M—Subtotal .......................................................................................... 52,238 52,238 

DoD FH Imprv 

Fd 

Worldwide Unspec 

DoD FH Imprv 

Fd 

Unspecified Worldwide 

Locations 

Family Housing Improvement Fund ........................... 1,786 1,786 

DoD Fam Hsg Imprv Fd—Subtotal .......................................................................................... 1,786 1,786 

FAM HSG—TOTAL .......................................................................................................................... 1,650,781 1,650,781 

BRAC IV 

Worldwide Unspec 

BRAC, A Base Realignment & 

Closure, Army 

Base Realignment & Closure ......................................... 79,893 79,893 

BRAC, N Base Realignment & 

Closure, Navy 

Base Realignment & Closure ......................................... 146,951 146,951 

BRAC, AF Base Realignment & 

Closure, AF 

Base Realignment & Closure ......................................... 122,552 122,552 

BRAC IV—TOTAL ............................................................................................................................. 349,396 349,396 

2005 BRAC 

ARMY BRAC 

Worldwide Unspec 

BRAC—Army Unspecified Worldwide 

Locations 

USA–121: Fort Gillem, GA ........................................... 4,976 4,976 

BRAC—Army Unspecified Worldwide 

Locations 

USA–222: Fort McPherson, GA .................................... 6,772 6,772 

BRAC—Army Unspecified Worldwide 

Locations 

Program Management Various Locations .................... 20,453 20,453 

BRAC—Army Unspecified Worldwide 

Locations 

USA–223: Fort Monmouth, NJ ..................................... 9,989 9,989 

BRAC—Army Unspecified Worldwide 

Locations 

USA–36: Red River Army Depot .................................. 1,385 1,385 

BRAC—Army Unspecified Worldwide 

Locations 

USA–113: Fort Monroe, VA .......................................... 12,184 12,184 

BRAC—Army Unspecified Worldwide 

Locations 

USA–236: RC Transformation in CT .......................... 557 557 

BRAC—Army Unspecified Worldwide 

Locations 

USA–242: RC Transformation in NY .......................... 172 172 

BRAC—Army Unspecified Worldwide 

Locations 

USA–253: RC Transformation in PA .......................... 100 100 

BRAC—Army Unspecified Worldwide 

Locations 

USA–212: USAR Cmd & Cntrl—New England ......... 222 222 

BRAC—Army Unspecified Worldwide 

Locations 

USA–167: USAR Command and Control—NE .......... 175 175 

BRAC—Army Unspecified Worldwide 

Locations 

IND–112: River Bank Army Ammo Plant, CA ........... 22,431 22,431 


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(In Thousands of Dollars) 

Account State or Country and 

Installation Project Title Budget Request 

Senate 

Agreement 

BRAC—Army Unspecified Worldwide 

Locations 

IND–119: Newport Chemical Depot, IN ....................... 197 197 

BRAC—Army Unspecified Worldwide 

Locations 

IND–106: Kansas Army Ammunition Plant, KS ....... 7,280 7,280 

BRAC—Army Unspecified Worldwide 

Locations 

IND–110: Mississippi Army Ammo Plant, MS ........... 160 160 

BRAC—Army Unspecified Worldwide 

Locations 

IND–122: Lone Star Army Ammo Plant, TX ............. 11,379 11,379 

BRAC—Army Unspecified Worldwide 

Locations 

MED–2: Walter Reed NMMC, Bethesda, MD .............. 7,787 7,787 

BRAC—Army—Subtotal ................................................................................................................. 106,219 106,219 

NAVY BRAC 

Worldwide Unspec 

BRAC—Navy Unspecified Worldwide 

Locations 

DON–172: NWS Seal Beach, Concord, CA .................. 2,129 2,129 

BRAC—Navy Unspecified Worldwide 

Locations 

DON–138: NAS Brunswick, ME ................................... 4,897 4,897 

BRAC—Navy Unspecified Worldwide 

Locations 

DON–157: MCSA Kansas City, MO ............................. 39 39 

BRAC—Navy Unspecified Worldwide 

Locations 

DON–84: JRB Willow Grove & Cambria Reg AP ...... 189 189 

BRAC—Navy Unspecified Worldwide 

Locations 

DON–168: NS Newport, RI ........................................... 1,742 1,742 

BRAC—Navy Unspecified Worldwide 

Locations 

DON–100: Planning, Design and Management ........... 5,038 5,038 

BRAC—Navy Unspecified Worldwide 

Locations 

DON–101: Various Locations ........................................ 4,176 4,176 

BRAC—Navy—Subtotal ................................................................................................................. 18,210 18,210 

AF BRAC 

Worldwide Unspec 

BRAC—Air Force Unspecified Worldwide 

Locations 

Program Management Various Locations .................... 605 605 

BRAC—Air Force Unspecified Worldwide 

Locations 

MED–57: Brooks City Base, TX ................................... 326 326 

BRAC—Air Force Unspecified Worldwide 

Locations 

Comm Add 3: Galena Fol, AK ...................................... 1,337 1,337 

BRAC—Air Force—Subtotal ........................................................................................................ 2,268 2,268 

BRAC 2005—TOTAL ........................................................................................................................ 126,697 126,697 

BRAC IV + BRAC 2005—TOTAL ................................................................................................ 476,093 476,093 

MILCON GRAND TOTAL ............................................................................................................. 11,222,710 10,558,796 


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1 TITLE XLVII—DEPARTMENT OF 

2 ENERGY NATIONAL SECURITY 

3 PROGRAMS 

4 SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY 

5 PROGRAMS. 

SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS 

(In Thousands of Dollars) 

Program FY 2013 

Request 

Senate 

Authorized 

Discretionary Summary By Appropriation 

Energy And Water Development, And Related Agencies 

Appropriation Summary: 

Energy Programs 

Electricity delivery and energy reliability ............................................... 6,000 0 

Atomic Energy Defense Activities 

National nuclear security administration: 

Weapons activities .............................................................................. 7,577,341 7,602,341 

Defense nuclear nonproliferation ....................................................... 2,458,631 2,458,631 

Naval reactors ..................................................................................... 1,088,635 1,126,621 

Office of the administrator ................................................................ 411,279 386,279 

Total, National nuclear security administration ............................... 11,535,886 11,573,872 

Environmental and other defense activities: 

Defense environmental cleanup ......................................................... 5,472,001 5,009,001 

Other defense activities ....................................................................... 735,702 735,702 

Total, Environmental & other defense activities ................................ 6,207,703 5,744,703 

Total, Atomic Energy Defense Activities .................................................. 17,743,589 17,318,575 

Total, Discretionary Funding ....................................................................... 17,749,589 17,318,575 

Electricity Delivery & Energy Reliability 

Electricity Delivery & Energy Reliability 

Infrastructure security & energy restoration .................................................... 6,000 0 

Weapons Activities 

Directed stockpile work 

Life extension programs 

B61 Life extension program ....................................................................... 369,000 369,000 

W76 Life extension program ...................................................................... 174,931 174,931 

Total, Life extension programs .................................................................... 543,931 543,931 

Stockpile systems 

B61 Stockpile systems ................................................................................ 72,364 72,364 

W76 Stockpile systems ................................................................................ 65,445 90,445 

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 

Total, Stockpile systems ................................................................................... 590,409 615,409 

Weapons dismantlement and disposition 

Operations and maintenance ..................................................................... 51,265 51,265 

Stockpile services 

Production support ..................................................................................... 365,405 365,405 

Research and development support ............................................................ 28,103 28,103 

R&D certification and safety ..................................................................... 191,632 191,632 

Management, technology, and production ................................................. 175,844 175,844 

Plutonium sustainment .............................................................................. 141,685 141,685 

Total, Stockpile services .................................................................................. 902,669 902,669 

Total, Directed stockpile work ..................................................................... 2,088,274 2,113,274 


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SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS 

(In Thousands of Dollars) 

Program FY 2013 

Request 

Senate 

Authorized 

Campaigns: 

Science campaign 

Advanced certification ................................................................................ 44,104 44,104 

Primary assessment technologies ............................................................... 94,000 94,000 

Dynamic materials properties ................................................................... 97,000 97,000 

Advanced radiography ................................................................................ 30,000 30,000 

Secondary assessment technologies ............................................................ 85,000 85,000 

Total, Science campaign ................................................................................. 350,104 350,104 

Engineering campaign 

Enhanced surety .......................................................................................... 46,421 46,421 

Weapon systems engineering assessment technology ................................ 18,983 18,983 

Nuclear survivability .................................................................................. 21,788 21,788 

Enhanced surveillance ................................................................................ 63,379 63,379 

Total, Engineering campaign ....................................................................... 150,571 150,571 

Inertial confinement fusion ignition and high yield campaign 

Diagnostics, cryogenics and experimental support .................................. 81,942 81,942 

Ignition ........................................................................................................ 84,172 84,172 

Support of other stockpile programs ......................................................... 14,817 14,817 

Pulsed power inertial confinement fusion ................................................. 6,044 6,044 

Joint program in high energy density laboratory plasmas .................... 8,334 8,334 

Facility operations and target production ............................................... 264,691 264,691 

Total, Inertial confinement fusion and high yield campaign ...... 460,000 460,000 

Advanced simulation and computing campaign .............................................. 600,000 600,000 

Readiness Campaign 

Nonnuclear readiness .................................................................................. 64,681 64,681 

Tritium readiness ....................................................................................... 65,414 65,414 

Total, Readiness campaign ............................................................................ 130,095 130,095 

Total, Campaigns ................................................................................................ 1,690,770 1,690,770 

Readiness in technical base and facilities (RTBF) 

Operations of facilities 

Kansas City Plant .............................................................................. 163,602 163,602 

Lawrence Livermore National Laboratory ....................................... 89,048 89,048 

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 

Total, Operations of facilities ....................................................................... 1,419,403 1,419,403 

Science, technology and engineering capability support ................................. 166,945 166,945 

Nuclear operations capability support .............................................................. 203,346 203,346 

Subtotal, Readiness in technical base and facilities ........................ 1,789,694 1,789,694 

Construction: 

13–D–301 Electrical infrastructure upgrades, LANL/LLNL .................. 23,000 23,000 

12–D–301 TRU waste facilities, LANL .................................................... 24,204 24,204 

11–D–801 TA–55 Reinvestment project, LANL ....................................... 8,889 8,889 

10-D–501 Nuclear facilities risk reduction Y–12 National security 

complex, Oakridge, TN ........................................................................... 17,909 17,909 

09–D–404 Test capabilities revitalization II, Sandia National Laboratories, Albuquerque, NM ......................................................................... 11,332 11,332 

08–D–802 High explosive pressing facility Pantex Plant, Amarillo, 

TX ............................................................................................................ 24,800 24,800 

06–D–141 PED/Construction, UPFY–12, Oak Ridge, TN ..................... 340,000 0 

06–D–141 PED/Construction, UPFY–12, Phase I, Oak Ridge, TN ...... 0 340,000 

Total, Construction ............................................................................................ 450,134 450,134 

Total, Readiness in technical base and facilities ............................... 2,239,828 2,239,828 

Secure transportation asset 

Operations and equipment ................................................................................. 114,965 114,965 

Program direction ............................................................................................... 104,396 104,396

Total, Secure transportation asset ............................................................. 219,361 219,361 


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SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS 

(In Thousands of Dollars) 

Program FY 2013 

Request 

Senate 

Authorized 

Nuclear counterterrorism incident response .............................................................. 247,552 247,552 

Site stewardship 

Operations and maintenance ............................................................................. 90,001 90,001 

Total, Site stewardship .................................................................................... 90,001 90,001 

Defense nuclear security 

Operations and maintenance ............................................................................. 643,285 643,285 

NNSA CIO activities ................................................................................................... 155,022 155,022 

Legacy contractor pensions ......................................................................................... 185,000 185,000 

National security applications ................................................................................... 18,248 18,248 

Subtotal, Weapons activities ......................................................................... 7,577,341 7,602,341 

Total, Weapons Activities ................................................................................ 7,577,341 7,602,341 

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 verification R&D ............................ 548,186 548,186 

Nonproliferation and international security ....................................... 150,119 150,119 

International nuclear materials protection and cooperation ..... 311,000 311,000 

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 fabrication facility, Savannah River, 

SC .................................................................................................... 388,802 388,802 

Total, Construction ............................................................................................ 388,802 388,802 

Total, U.S. surplus fissile materials disposition ................................. 917,517 917,517 

Russian surplus fissile materials disposition ................................................... 3,788 3,788 

Total, Fissile materials disposition ........................................................... 921,305 921,305 

Global threat reduction initiative .............................................................................. 466,021 466,021

Legacy contractor pensions ......................................................................................... 62,000 62,000 

Subtotal, Defense Nuclear Nonproliferation ........................................ 2,458,631 2,458,631 

Total, Defense Nuclear Nonproliferation ............................................... 2,458,631 2,458,631 

Naval Reactors 

Naval reactors development ........................................................................................ 418,072 418,072 

Ohio replacement reactor systems development ......................................................... 89,700 127,686 

S8G Prototype refueling ............................................................................................. 121,100 121,100 

Naval reactors operations and infrastructure ........................................................... 366,961 366,961 

Construction: 

13–D–905 Remote-handled low-level waste facility, INL ................................ 8,890 8,890 

13–D–904 KS Radiological work and storage building, KSO ........................ 2,000 2,000 

13–D–903, KS Prototype Staff Building, KSO ............................................... 14,000 14,000 

10-D–903, Security upgrades, KAPL ................................................................ 19,000 19,000 

08–D–190 Expended Core Facility M–290 recovering discharge station,Naval Reactor Facility, ID .................................................................... 5,700 5,700 

Total, Construction ............................................................................................ 49,590 49,590 

Program direction ....................................................................................................... 43,212 43,212 

Subtotal, Naval Reactors ................................................................................ 1,088,635 1,126,621 

Total, Naval Reactors ....................................................................................... 1,088,635 1,126,621 


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SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS 

(In Thousands of Dollars) 

Program FY 2013 

Request 

Senate 

Authorized 

Office Of The Administrator 

Office of the administrator ......................................................................................... 411,279 386,279 

Total, Office Of The Administrator ............................................................ 411,279 386,279 

Defense Environmental Cleanup 

Closure sites: 

Closure sites administration .............................................................................. 1,990 1,990 

Hanford site: 

River corridor and other cleanup operations .................................................... 389,347 389,347 

Central plateau remediation .............................................................................. 558,820 558,820 

Richland community and regulatory support .................................................. 15,156 15,156 

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 Process Research Unit ............................. 24,000 24,000 

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 ...................................................................................................... 67,525 67,525 

OR cleanup and disposition ............................................................................... 109,470 109,470 

OR reservation community and regulatory support ........................................ 4,500 4,500 

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 construction ....................................... 690,000 690,000 

Tank farm activities 

Rad liquid tank waste stabilization and disposition ............................... 482,113 482,113 

Total, Office of River protection .................................................................. 1,172,113 1,172,113 

Savannah River sites: 

Savannah River risk management operations .................................................. 444,089 444,089 

SR community and regulatory support ............................................................ 16,584 16,584 

Radioactive liquid tank waste: 

Radioactive liquid tank waste stabilization and disposition .................. 698,294 698,294 

Construction: 

05–D–405 Salt waste processing facility, Savannah River ............ 22,549 22,549 

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 


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SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS 

(In Thousands of Dollars) 

Program FY 2013 

Request 

Senate 

Authorized 

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 

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

Total, Health, safety and security ............................................................... 245,500 245,500 

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 

Defense-related activities 

Defense related administrative support ..................................................................... 118,836 118,836 

Office of hearings and appeals ................................................................................... 4,801 4,801 

Subtotal, Other defense activities ............................................................... 735,702 735,702 

Total, Other Defense Activities ..................................................................... 735,702 735,702 


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1 DIVISION E—HOUSING 

2 ASSISTANCE FOR VETERANS 

3 TITLE L—HOUSING ASSISTANCE 

4 FOR VETERANS 

5 SEC. 5001. SHORT TITLE. 

6 This division may be cited as the ‘‘Housing Assistance 

7 for Veterans Act of 2012’’ or the ‘‘HAVEN Act’’. 

8 SEC. 5002. DEFINITIONS. 

9 In this division: 

10 (1) DISABLED.—The term ‘‘disabled’’ means an 

11 individual with a disability, as defined by section 

12 12102 of title 42, United States Code. 

13 (2) ELIGIBLE VETERAN.—The term ‘‘eligible vet14 eran’’ means a disabled or low-income veteran. 

15 (3) ENERGY EFFICIENT FEATURES OR EQUIP16 MENT.—The term ‘‘energy efficient features or equip17 ment’’ means features of, or equipment in, a primary 

18 residence that help reduce the amount of electricity 

19 used to heat, cool, or ventilate such residence, includ20 ing insulation, weatherstripping, air sealing, heating 

21 system repairs, duct sealing, or other measures. 

22 (4) LOW-INCOME VETERAN.—The term ‘‘low-in23 come veteran’’ means a veteran whose income does not 

24 exceed 80 percent of the median income for an area, 

25 as determined by the Secretary. 


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1 (5) NONPROFIT ORGANIZATION.—The term ‘‘non2 profit organization’’ means an organization that is— 

3 (A) described in section 501(c)(3) or 

4 501(c)(19) of the Internal Revenue Code of 1986; 

5 and 

6 (B) exempt from tax under section 501(a) of 

7 such Code. 

8 (6) PRIMARY RESIDENCE.— 

9 (A) IN GENERAL.—The term ‘‘primary resi10 dence’’ means a single family house, a duplex, or 

11 a unit within a multiple-dwelling structure that 

12 is an eligible veteran’s principal dwelling and is 

13 owned by such veteran or a family member of 

14 such veteran. 

15 (B) FAMILY MEMBER DEFINED.—For pur16 poses of this paragraph, the term ‘‘family mem17 ber’’ includes— 

18 (i) a spouse, child, grandchild, parent, 

19 or sibling; 

20 (ii) a spouse of such a child, grand21 child, parent, or sibling; or 

22 (iii) any individual related by blood or 

23 affinity whose close association with a vet24 eran is the equivalent of a family relation25 ship. 


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1 (7) QUALIFIED ORGANIZATION.—The term 

2 ‘‘qualified organization’’ means a nonprofit organiza3 tion that provides nationwide or State-wide programs 

4 that primarily serve veterans or low-income individ5 uals. 

6 (8) SECRETARY.—The term ‘‘Secretary’’ means 

7 the Secretary of Housing and Urban Development. 

8 (9) VETERAN.—The term ‘‘veteran’’ has the same 

9 meaning as given such term in section 101 of title 38, 

10 United States Code. 

11 (10) VETERANS SERVICE ORGANIZATION.—The 

12 term ‘‘veterans service organization’’ means any orga13 nization recognized by the Secretary of Veterans Af14 fairs for the representation of veterans under section 

15 5902 of title 38, United States Code. 

16 SEC. 5003. ESTABLISHMENT OF A PILOT PROGRAM. 

17 (a) GRANT.— 

18 (1) IN GENERAL.—The Secretary shall establish 

19 a pilot program to award grants to qualified organi20 zations to rehabilitate and modify the primary resi21 dence of eligible veterans. 

22 (2) COORDINATION.—The Secretary shall work 

23 in conjunction with the Secretary of Veterans Affairs 

24 to establish and oversee the pilot program and to enVerDate Mar 15 2010 01:32 Dec 07, 2012 Jkt 029200 PO 00000 Frm 01103 Fmt 6652 Sfmt 6203 E:\SENENR\H4310.PP H4310

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1 sure that such program meets the needs of eligible vet2 erans. 

3 (3) MAXIMUM GRANT.—A grant award under the 

4 pilot program to any one qualified organization shall 

5 not exceed $1,000,000 in any one fiscal year, and 

6 such an award shall remain available until expended 

7 by such organization. 

8 (b) APPLICATION.— 

9 (1) IN GENERAL.—Each qualified organization 

10 that desires a grant under the pilot program shall 

11 submit an application to the Secretary at such time, 

12 in such manner, and, in addition to the information 

13 required under paragraph (2), accompanied by such 

14 information as the Secretary may reasonably require. 

15 (2) CONTENTS.—Each application submitted 

16 under paragraph (1) shall include— 

17 (A) a plan of action detailing outreach ini18 tiatives; 

19 (B) the approximate number of veterans the 

20 qualified organization intends to serve using 

21 grant funds; 

22 (C) a description of the type of work that 

23 will be conducted, such as interior home modi24 fications, energy efficiency improvements, and 

25 other similar categories of work; and 


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1 (D) a plan for working with the Depart2 ment of Veterans Affairs and veterans service or3 ganizations to identify veterans and serve their 

4 needs. 

5 (3) PREFERENCES.—In awarding grants under 

6 the pilot program, the Secretary shall give preference 

7 to a qualified organization— 

8 (A) with experience in providing housing 

9 rehabilitation and modification services for dis10 abled veterans; or 

11 (B) that proposes to provide housing reha12 bilitation and modification services for eligible 

13 veterans who live in rural areas (the Secretary, 

14 through regulations, shall define the term ‘‘rural 

15 areas’’). 

16 (c) CRITERIA.—In order to receive a grant award 

17 under the pilot program, a qualified organization shall 

18 meet the following criteria: 

19 (1) Demonstrate expertise in providing housing 

20 rehabilitation and modification services for disabled 

21 or low-income individuals for the purpose of making 

22 the homes of such individuals accessible, functional, 

23 and safe for such individuals. 

24 (2) Have established outreach initiatives that— 


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1 (A) would engage eligible veterans and vet2 erans service organizations in projects utilizing 

3 grant funds under the pilot program; and 

4 (B) identify eligible veterans and their fam5 ilies and enlist veterans involved in skilled 

6 trades, such as carpentry, roofing, plumbing, or 

7 HVAC work. 

8 (3) Have an established nationwide or State9 wide network of affiliates that are— 

10 (A) nonprofit organizations; and 

11 (B) able to provide housing rehabilitation 

12 and modification services for eligible veterans. 

13 (4) Have experience in successfully carrying out 

14 the accountability and reporting requirements in15 volved in the proper administration of grant funds, 

16 including funds provided by private entities or Fed17 eral, State, or local government entities. 

18 (d) USE OF FUNDS.—A grant award under the pilot 

19 program shall be used— 

20 (1) to modify and rehabilitate the primary resi21 dence of an eligible veteran, and may include— 

22 (A) installing wheelchair ramps, widening 

23 exterior and interior doors, reconfigurating and 

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1 way thresholds, installing special lighting, add2 ing additional electrical outlets and electrical 

3 service, and installing appropriate floor cov4 erings to— 

5 (i) accommodate the functional limita6 tions that result from having a disability; 

7 or 

8 (ii) if such residence does not have 

9 modifications necessary to reduce the 

10 chances that an elderly, but not disabled 

11 person, will fall in their home, reduce the 

12 risks of such an elderly person from falling; 

13 (B) rehabilitating such residence that is in 

14 a state of interior or exterior disrepair; and 

15 (C) installing energy efficient features or 

16 equipment if— 

17 (i) an eligible veteran’s monthly utility 

18 costs for such residence is more than 5 per19 cent of such veteran’s monthly income; and 

20 (ii) an energy audit of such residence 

21 indicates that the installation of energy effi22 cient features or equipment will reduce such 

23 costs by 10 percent or more; 

24 (2) in connection with modification and reha25 bilitation services provided under the pilot program, 


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1 to provide technical, administrative, and training 

2 support to an affiliate of a qualified organization re3 ceiving a grant under such pilot program; and 

4 (3) for other purposes as the Secretary may pre5 scribe through regulations. 

6 (e) OVERSIGHT.—The Secretary shall direct the over7 sight of the grant funds for the pilot program so that such 

8 funds are used efficiently until expended to fulfill the pur9 pose of addressing the adaptive housing needs of eligible vet10 erans. 

11 (f) MATCHING FUNDS.— 

12 (1) IN GENERAL.—A qualified organization re13 ceiving a grant under the pilot program shall con14 tribute towards the housing modification and reha15 bilitation services provided to eligible veterans an 

16 amount equal to not less than 50 percent of the grant 

17 award received by such organization. 

18 (2) IN-KIND CONTRIBUTIONS.—In order to meet 

19 the requirement under paragraph (1), such organiza20 tion may arrange for in-kind contributions. 

21 (g) LIMITATION COST TO THE VETERANS.—A qualified 

22 organization receiving a grant under the pilot program 

23 shall modify or rehabilitate the primary residence of an eli24 gible veteran at no cost to such veteran (including applica25 tion fees) or at a cost such that such veteran pays no more 


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1 than 30 percent of his or her income in housing costs during 

2 any month. 

3 (h) REPORTS.— 

4 (1) ANNUAL REPORT.—The Secretary shall sub5 mit to Congress, on an annual basis, a report that 

6 provides, with respect to the year for which such re7 port is written— 

8 (A) the number of eligible veterans provided 

9 assistance under the pilot program; 

10 (B) the socioeconomic characteristics of such 

11 veterans, including their gender, age, race, and 

12 ethnicity; 

13 (C) the total number, types, and locations of 

14 entities contracted under such program to ad15 minister the grant funding; 

16 (D) the amount of matching funds and in17 kind contributions raised with each grant; 

18 (E) a description of the housing rehabilita19 tion and modification services provided, costs 

20 saved, and actions taken under such program; 

21 (F) a description of the outreach initiatives 

22 implemented by the Secretary to educate the gen23 eral public and eligible entities about such pro24 gram; 


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1 (G) a description of the outreach initiatives 

2 instituted by grant recipients to engage eligible 

3 veterans and veteran service organizations in 

4 projects utilizing grant funds under such pro5 gram; 

6 (H) a description of the outreach initiatives 

7 instituted by grant recipients to identify eligible 

8 veterans and their families; and 

9 (I) any other information that the Sec10 retary considers relevant in assessing such pro11 gram. 

12 (2) FINAL REPORT.—Not later than 6 months 

13 after the completion of the pilot program, the Sec14 retary shall submit to Congress a report that provides 

15 such information that the Secretary considers relevant 

16 in assessing the pilot program. 

17 (i) AUTHORIZATION OF APPROPRIATIONS.—There are 

18 authorized to be appropriated for carrying out this division 

19 $4,000,000 for each of fiscal years 2013 through 2017. 

20 DIVISION F—STOLEN VALOR ACT 

21 TITLE LI—STOLEN VALOR ACT 

22 SEC. 5011. SHORT TITLE. 

23 This division may be cited as the ‘‘Stolen Valor Act 

24 of 2012’’. 


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1 SEC. 5012. FINDINGS. 

2 Congress find the following: 

3 (1) Because of the great respect in which mili4 tary service and military awards are rightfully held 

5 by the public, false claims of receiving such medals or 

6 serving in the military are especially likely to be 

7 harmful and material to employers, voters in deciding 

8 to whom paid elective positions should be entrusted, 

9 and in the award of contracts. 

10 (2) Military service and military awards are 

11 held in such great respect that public and private de12 cisions are correctly influenced by claims of heroism. 

13 (3) False claims of military service or military 

14 heroism are an especially noxious means of obtaining 

15 something of value because they are particularly like16 ly to cause tangible harm to victims of fraud. 

17 (4) False claims of military service or the receipt 

18 of military awards, if believed, are especially likely to 

19 dispose people favorably toward the speaker. 

20 (5) False claims of military service or the receipt 

21 of military awards are particularly likely to be mate22 rial and cause people to part with money or property. 

23 Even if such claims are unsuccessful in bringing 

24 about this result, they still constitute attempted fraud. 

25 (6) False claims of military service or the receipt 

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1 ment to the board of an organization are likely to 

2 cause harm to such organization through their obtain3 ing the services of an individual who does not bring 

4 to that organization what he or she claims, and whose 

5 falsehood, if discovered, would cause the organiza6 tion’s donors concern that the organization’s board 

7 might not manage money honestly. 

8 (7) The easily verifiable nature of false claims 

9 regarding military service or the receipt of military 

10 awards, the relative infrequency of such claims, and 

11 the fact that false claims of having served in the mili12 tary or received such awards are rightfully con13 demned across the political spectrum, it is especially 

14 likely that any law prohibiting such false claims 

15 would not be enforced selectively. 

16 (8) Congress may make criminal the false claim 

17 of military service or the receipt of military awards 

18 based on its powers under article I, section 8, clause 

19 2 of the Constitution of the United States, to raise 

20 and support armies, and article I, section 8, clause 

21 18 of the Constitution of the United States, to enact 

22 necessary and proper measures to carry into execu23 tion that power. 


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1 SEC. 5013. MILITARY MEDALS OR DECORATIONS. 

2 Section 704 of title 18, United States Code, is amended 

3 to read as follows: 

4 ‘‘§ 704. Military medals or decorations 

5 ‘‘(a) IN GENERAL.—Whoever knowingly purchases, at6 tempts to purchase, solicits for purchase, mails, ships, im7 ports, exports, produces blank certificates of receipt for, 

8 manufactures, sells, attempts to sell, advertises for sale, 

9 trades, barters, or exchanges for anything of value any deco10 ration or medal authorized by Congress for the Armed 

11 Forces of the United States, or any of the service medals 

12 or badges awarded to the members of such forces, or the rib13 bon, button, or rosette of any such badge, decoration, or 

14 medal, or any colorable imitation thereof, except when au15 thorized under regulations made pursuant to law, shall be 

16 fined under this title, imprisoned for not more than 6 

17 months, or both. 

18 ‘‘(b) FALSE CLAIMS TO THE RECEIPT OF MILITARY

19 DECORATIONS, MEDALS, OR RIBBONS AND FALSE CLAIMS

20 RELATING TO MILITARY SERVICE IN ORDER TO SECURE

21 A TANGIBLE BENEFIT OR PERSONAL GAIN.— 

22 ‘‘(1) IN GENERAL.—Whoever, with the intent of 

23 securing a tangible benefit or personal gain, know24 ingly, falsely, and materially represents himself or 

25 herself through any written or oral communication 

26 (including a resume) to have served in the Armed 


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1 Forces of the United States or to have been awarded 

2 any decoration, medal, ribbon, or other device author3 ized by Congress or pursuant to Federal law for the 

4 Armed Forces of the United States, shall be fined 

5 under this title, imprisoned for not more than 6 

6 months, or both. 

7 ‘‘(2) TANGIBLE BENEFIT OR PERSONAL GAIN.— 

8 For purposes of this subsection, the term ‘tangible 

9 benefit or personal gain’ includes— 

10 ‘‘(A) a benefit relating to military service 

11 provided by the Federal Government or a State 

12 or local government; 

13 ‘‘(B) public or private employment; 

14 ‘‘(C) financial remuneration; 

15 ‘‘(D) an effect on the outcome of a criminal 

16 or civil court proceeding; 

17 ‘‘(E) election of the speaker to paying office; 

18 and 

19 ‘‘(F) appointment to a board or leadership 

20 position of a non-profit organization. 

21 ‘‘(c) DEFINITION.—In this section, the term ‘Armed 

22 Forces of the United States’ means the Army, Navy, Air 

23 Force, Marine Corps, and Coast Guard, including the re24 serve components named in section 10101 of title 10.’’. 


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1 SEC. 5014. SEVERABILITY. 

2 If any provision of this division, any amendment 

3 made by this division, or the application of such provision 

4 or amendment to any person or circumstance is held to be 

5 unconstitutional, the remainder of the provisions of this di6 vision, the amendments made by this division, and the ap7 plication of such provisions or amendments to any person 

8 or circumstance shall not be affected. 

9 DIVISION G—MISCELLANEOUS 

10 TITLE LII—MISCELLANEOUS 

11 SEC. 5021. PUBLIC SAFETY OFFICERS’ BENEFITS PROGRAM. 

12 (a) SHORT TITLE.—This section may be cited as the 

13 ‘‘Dale Long Public Safety Officers’ Benefits Improvements 

14 Act of 2012’’. 

15 (b) BENEFITS FOR CERTAIN NONPROFIT EMERGENCY

16 MEDICAL SERVICE PROVIDERS; MISCELLANEOUS AMEND17 MENTS.— 

18 (1) IN GENERAL.—Title I of the Omnibus Crime 

19 Control and Safe Streets Act of 1968 (42 U.S.C. 3711 

20 et seq.) is amended— 

21 (A) in section 901(a) (42 U.S.C. 3791(a))— 

22 (i) in paragraph (26), by striking 

23 ‘‘and’’ at the end; 

24 (ii) in paragraph (27), by striking the 

25 period at the end and inserting ‘‘; and’’; 

26 and 


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1 (iii) by adding at the end the fol2 lowing: 

3 ‘‘(28) the term ‘hearing examiner’ includes any 

4 medical or claims examiner.’’; 

5 (B) in section 1201 (42 U.S.C. 3796)— 

6 (i) in subsection (a), by striking ‘‘fol7 lows:’’ and all that follows and inserting the 

8 following: ‘‘follows (if the payee indicated is 

9 living on the date on which the determina10 tion is made)— 

11 ‘‘(1) if there is no child who survived the public 

12 safety officer, to the surviving spouse of the public 

13 safety officer; 

14 ‘‘(2) if there is at least 1 child who survived the 

15 public safety officer and a surviving spouse of the 

16 public safety officer, 50 percent to the surviving child 

17 (or children, in equal shares) and 50 percent to the 

18 surviving spouse; 

19 ‘‘(3) if there is no surviving spouse of the public 

20 safety officer, to the surviving child (or children, in 

21 equal shares); 

22 ‘‘(4) if there is no surviving spouse of the public 

23 safety officer and no surviving child— 

24 ‘‘(A) to the surviving individual (or indi25 viduals, in shares per the designation, or, otherVerDate Mar 15 2010 01:32 Dec 07, 2012 Jkt 029200 PO 00000 Frm 01116 Fmt 6652 Sfmt 6203 E:\SENENR\H4310.PP H4310

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1 wise, in equal shares) designated by the public 

2 safety officer to receive benefits under this sub3 section in the most recently executed designation 

4 of beneficiary of the public safety officer on file 

5 at the time of death with the public safety agen6 cy, organization, or unit; or 

7 ‘‘(B) if there is no individual qualifying 

8 under subparagraph (A), to the surviving indi9 vidual (or individuals, in equal shares) des10 ignated by the public safety officer to receive ben11 efits under the most recently executed life insur12 ance policy of the public safety officer on file at 

13 the time of death with the public safety agency, 

14 organization, or unit; 

15 ‘‘(5) if there is no individual qualifying under 

16 paragraph (1), (2), (3), or (4), to the surviving par17 ent (or parents, in equal shares) of the public safety 

18 officer; or 

19 ‘‘(6) if there is no individual qualifying under 

20 paragraph (1), (2), (3), (4), or (5), to the surviving 

21 individual (or individuals, in equal shares) who 

22 would qualify under the definition of the term ‘child’ 

23 under section 1204 but for age.’’; 

24 (ii) in subsection (b)— 


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1 (I) by striking ‘‘direct result of a 

2 catastrophic’’ and inserting ‘‘direct 

3 and proximate result of a personal’’; 

4 (II) by striking ‘‘pay,’’ and all 

5 that follows through ‘‘the same’’ and 

6 inserting ‘‘pay the same’’; 

7 (III) by striking ‘‘in any year’’ 

8 and inserting ‘‘to the public safety offi9 cer (if living on the date on which the 

10 determination is made)’’; 

11 (IV) by striking ‘‘in such year, 

12 adjusted’’ and inserting ‘‘with respect 

13 to the date on which the catastrophic 

14 injury occurred, as adjusted’’; 

15 (aa) by striking ‘‘, to such of16 ficer’’; 

17 (V) by striking ‘‘the total’’ and all 

18 that follows through ‘‘For’’ and insert19 ing ‘‘for’’; and 

20 (VI) by striking ‘‘That these’’ and 

21 all that follows through the period, and 

22 inserting ‘‘That the amount payable 

23 under this subsection shall be the 

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1 strophic injury of such public safety of2 ficer.’’; 

3 (iii) in subsection (f)— 

4 (I) in paragraph (1), by striking 

5 ‘‘, as amended (D.C. Code, sec. 4–622); 

6 or’’ and inserting a semicolon; 

7 (II) in paragraph (2)— 

8 (aa) by striking ‘‘. Such 

9 beneficiaries shall only receive 

10 benefits under such section 8191 

11 that’’ and inserting ‘‘, such that 

12 beneficiaries shall receive only 

13 such benefits under such section 

14 8191 as’’; and 

15 (bb) by striking the period at 

16 the end and inserting ‘‘; or’’; and 

17 (III) by adding at the end the fol18 lowing: 

19 ‘‘(3) payments under the September 11th Victim 

20 Compensation Fund of 2001 (49 U.S.C. 40101 note; 

21 Public Law 107–42).’’; 

22 (iv) by amending subsection (k) to read 

23 as follows: 

24 ‘‘(k) As determined by the Bureau, a heart attack, 

25 stroke, or vascular rupture suffered by a public safety officer 


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1 shall be presumed to constitute a personal injury within 

2 the meaning of subsection (a), sustained in the line of duty 

3 by the officer and directly and proximately resulting in 

4 death, if— 

5 ‘‘(1) the public safety officer, while on duty— 

6 ‘‘(A) engages in a situation involving non7 routine stressful or strenuous physical law en8 forcement, fire suppression, rescue, hazardous 

9 material response, emergency medical services, 

10 prison security, disaster relief, or other emer11 gency response activity; or 

12 ‘‘(B) participates in a training exercise in13 volving nonroutine stressful or strenuous phys14 ical activity; 

15 ‘‘(2) the heart attack, stroke, or vascular rupture 

16 commences— 

17 ‘‘(A) while the officer is engaged or partici18 pating as described in paragraph (1); 

19 ‘‘(B) while the officer remains on that duty 

20 after being engaged or participating as described 

21 in paragraph (1); or 

22 ‘‘(C) not later than 24 hours after the officer 

23 is engaged or participating as described in para24 graph (1); and 


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1 ‘‘(3) the heart attack, stroke, or vascular rupture 

2 directly and proximately results in the death of the 

3 public safety officer, 

4 unless competent medical evidence establishes that the heart 

5 attack, stroke, or vascular rupture was unrelated to the en6 gagement or participation or was directly and proximately 

7 caused by something other than the mere presence of cardio8 vascular-disease risk factors.’’; and 

9 (v) by adding at the end the following: 

10 ‘‘(n) The public safety agency, organization, or unit 

11 responsible for maintaining on file an executed designation 

12 of beneficiary or executed life insurance policy for purposes 

13 of subsection (a)(4) shall maintain the confidentiality of the 

14 designation or policy in the same manner as the agency, 

15 organization, or unit maintains personnel or other similar 

16 records of the public safety officer.’’; 

17 (C) in section 1202 (42 U.S.C. 3796a)— 

18 (i) by striking ‘‘death’’, each place it 

19 appears except the second place it appears, 

20 and inserting ‘‘fatal’’; and 

21 (ii) in paragraph (1), by striking ‘‘or 

22 catastrophic injury’’ the second place it ap23 pears and inserting ‘‘, disability, or in24 jury’’; 

25 (D) in section 1203 (42 U.S.C. 3796a–1)— 


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1 (i) in the section heading, by striking 

2 ‘‘WHO HAVE DIED IN THE LINE OF DUTY’’ 

3 and inserting ‘‘WHO HAVE SUSTAINED

4 FATAL OR CATASTROPHIC INJURY IN THE

5 LINE OF DUTY’’; and 

6 (ii) by striking ‘‘who have died in the 

7 line of duty’’ and inserting ‘‘who have sus8 tained fatal or catastrophic injury in the 

9 line of duty’’; 

10 (E) in section 1204 (42 U.S.C. 3796b)— 

11 (i) in paragraph (1), by striking ‘‘con12 sequences of an injury that’’ and inserting 

13 ‘‘an injury, the direct and proximate con14 sequences of which’’; 

15 (ii) in paragraph (3)— 

16 (I) in the matter preceding clause 

17 (i)— 

18 (aa) by inserting ‘‘or perma19 nently and totally disabled’’ after 

20 ‘‘deceased’’; and 

21 (bb) by striking ‘‘death’’ and 

22 inserting ‘‘fatal or catastrophic 

23 injury’’; and 


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1 (II) by redesignating clauses (i), 

2 (ii), and (iii) as subparagraphs (A), 

3 (B), and (C), respectively; 

4 (iii) in paragraph (5)— 

5 (I) by striking ‘‘post-mortem’’ 

6 each place it appears and inserting 

7 ‘‘post-injury’’; 

8 (II) by redesignating clauses (i) 

9 and (ii) as subparagraphs (A) and 

10 (B), respectively; and 

11 (III) in subparagraph (B), as so 

12 redesignated, by striking ‘‘death’’ and 

13 inserting ‘‘fatal or catastrophic in14 jury’’; 

15 (iv) in paragraph (7), by striking 

16 ‘‘public employee member of a rescue squad 

17 or ambulance crew;’’ and inserting ‘‘em18 ployee or volunteer member of a rescue 

19 squad or ambulance crew (including a 

20 ground or air ambulance service) that— 

21 ‘‘(A) is a public agency; or 

22 ‘‘(B) is (or is a part of) a nonprofit entity 

23 serving the public that— 


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1 ‘‘(i) is officially authorized or licensed 

2 to engage in rescue activity or to provide 

3 emergency medical services; and 

4 ‘‘(ii) engages in rescue activities or 

5 provides emergency medical services as part 

6 of an official emergency response system;’’; 

7 and 

8 (v) in paragraph (9)— 

9 (I) in subparagraph (A), by strik10 ing ‘‘as a chaplain, or as a member of 

11 a rescue squad or ambulance crew;’’ 

12 and inserting ‘‘or as a chaplain;’’; 

13 (II) in subparagraph (B)(ii), by 

14 striking ‘‘or’’ after the semicolon; 

15 (III) in subparagraph (C)(ii), by 

16 striking the period and inserting ‘‘; 

17 or’’; and 

18 (IV) by adding at the end the fol19 lowing: 

20 ‘‘(D) a member of a rescue squad or ambu21 lance crew who, as authorized or licensed by law 

22 and by the applicable agency or entity, is engag23 ing in rescue activity or in the provision of 

24 emergency medical services.’’; 


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1 (F) in section 1205 (42 U.S.C. 3796c), by 

2 adding at the end the following: 

3 ‘‘(d) Unless expressly provided otherwise, any reference 

4 in this part to any provision of law not in this part shall 

5 be understood to constitute a general reference under the 

6 doctrine of incorporation by reference, and thus to include 

7 any subsequent amendments to the provision.’’; 

8 (G) in each of subsections (a) and (b) of sec9 tion 1212 (42 U.S.C. 3796d–1), sections 1213 

10 and 1214 (42 U.S.C. 3796d–2 and 3796d–3), 

11 and subsections (b) and (c) of section 1216 (42 

12 U.S.C. 3796d–5), by striking ‘‘dependent’’ each 

13 place it appears and inserting ‘‘person’’; 

14 (H) in section 1212 (42 U.S.C. 3796d–1)— 

15 (i) in subsection (a)— 

16 (I) in paragraph (1), in the mat17 ter preceding subparagraph (A), by 

18 striking ‘‘Subject’’ and all that follows 

19 through ‘‘, the’’ and inserting ‘‘The’’; 

20 and 

21 (II) in paragraph (3), by striking 

22 ‘‘reduced by’’ and all that follows 

23 through ‘‘(B) the amount’’ and insert24 ing ‘‘reduced by the amount’’; 

25 (ii) in subsection (c)— 


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1 (I) in the subsection heading, by 

2 striking ‘‘DEPENDENT’’; and 

3 (II) by striking ‘‘dependent’’; 

4 (I) in paragraphs (2) and (3) of section 

5 1213(b) (42 U.S.C. 3796d–2(b)), by striking ‘‘de6 pendent’s’’ each place it appears and inserting 

7 ‘‘person’s’’; 

8 (J) in section 1216 (42 U.S.C. 3796d–5)— 

9 (i) in subsection (a), by striking ‘‘each 

10 dependent’’ each place it appears and in11 serting ‘‘a spouse or child’’; and 

12 (ii) by striking ‘‘dependents’’ each 

13 place it appears and inserting ‘‘a person’’; 

14 and 

15 (K) in section 1217(3)(A) (42 U.S.C. 

16 3796d–6(3)(A)), by striking ‘‘described in’’ and 

17 all that follows and inserting ‘‘an institution of 

18 higher education, as defined in section 102 of the 

19 Higher Education Act of 1965 (20 U.S.C. 1002); 

20 and’’. 

21 (2) AMENDMENT RELATED TO EXPEDITED PAY22 MENT FOR PUBLIC SAFETY OFFICERS INVOLVED IN

23 THE PREVENTION, INVESTIGATION, RESCUE, OR RE24 COVERY EFFORTS RELATED TO A TERRORIST AT25 TACK.—Section 611(a) of the Uniting and StrengthVerDate Mar 15 2010 01:32 Dec 07, 2012 Jkt 029200 PO 00000 Frm 01126 Fmt 6652 Sfmt 6203 E:\SENENR\H4310.PP H4310

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1 ening America by Providing Appropriate Tools Re2 quired to Intercept and Obstruct Terrorism Act of 

3 2001 (42 U.S.C. 3796c–1(a)) is amended by inserting 

4 ‘‘or an entity described in section 1204(7)(B) of the 

5 Omnibus Crime Control and Safe Streets Act of 1968 

6 (42 U.S.C. 3796b(7)(B))’’ after ‘‘employed by such 

7 agency’’. 

8 (3) TECHNICAL AND CONFORMING AMEND9 MENT.—Section 402(l)(4)(C) of the Internal Revenue 

10 Code of 1986 is amended— 

11 (A) by striking ‘‘section 1204(9)(A)’’ and 

12 inserting ‘‘section 1204(10)(A)’’; and 

13 (B) by striking ‘‘42 U.S.C. 3796b(9)(A)’’ 

14 and inserting ‘‘42 U.S.C. 3796b(10)(A)’’. 

15 (c) AUTHORIZATION OF APPROPRIATIONS; DETER16 MINATIONS; APPEALS.—The matter under the heading 

17 ‘‘PUBLIC SAFETY OFFICERS BENEFITS’’ under the heading 

18 ‘‘OFFICE OF JUSTICE PROGRAMS’’ under title II of division 

19 B of the Consolidated Appropriations Act, 2008 (Public 

20 Law 110–161; 121 Stat. 1912; 42 U.S.C. 3796c–2) is 

21 amended— 

22 (1) by striking ‘‘decisions’’ and inserting ‘‘deter23 minations’’; 

24 (2) by striking ‘‘(including those, and any re25 lated matters, pending)’’; and 


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1 (3) by striking the period at the end and insert2 ing the following: ‘‘: Provided further, That, on and 

3 after the date of enactment of the Public Safety Offi4 cers’ Benefits Improvements Act of 2012, as to each 

5 such statute— 

6 ‘‘(1) the provisions of section 1001(a)(4) of such 

7 title I (42 U.S.C. 3793(a)(4)) shall apply; 

8 ‘‘(2) payment (other than payment made pursu9 ant to section 611 of the Uniting and Strengthening 

10 America by Providing Appropriate Tools Required to 

11 Intercept and Obstruct Terrorism Act of 2001 (42 

12 U.S.C. 3796c–1)) shall be made only upon a deter13 mination by the Bureau that the facts legally warrant 

14 the payment; 

15 ‘‘(3) any reference to section 1202 of such title 

16 I shall be deemed to be a reference to paragraphs (2) 

17 and (3) of such section 1202; and 

18 ‘‘(4) a certification submitted under any such 

19 statute (other than a certification submitted pursuant 

20 to section 611 of the Uniting and Strengthening 

21 America by Providing Appropriate Tools Required to 

22 Intercept and Obstruct Terrorism Act of 2001 (42 

23 U.S.C. 3796c–1)) may be accepted by the Bureau as 

24 prima facie evidence of the facts asserted in the cer25 tification: 


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1 Provided further, That, on and after the date of enactment 

2 of the Public Safety Officers’ Benefits Improvements Act of 

3 2012, no appeal shall bring any final determination of the 

4 Bureau before any court for review unless notice of appeal 

5 is filed (within the time specified herein and in the manner 

6 prescribed for appeal to United States courts of appeals 

7 from United States district courts) not later than 90 days 

8 after the date on which the Bureau serves notice of the final 

9 determination: Provided further, That any regulations pro10 mulgated by the Bureau under such part (or any such stat11 ute) before, on, or after the date of enactment of the Public 

12 Safety Officers’ Benefits Improvements Act of 2012 shall 

13 apply to any matter pending on, or filed or accruing after, 

14 the effective date specified in the regulations.’’. 

15 (d) EFFECTIVE DATE.— 

16 (1) IN GENERAL.—Except as provided in para17 graph (1), the amendments made by this section 

18 shall— 

19 (A) take effect on the date of enactment of 

20 this Act; and 

21 (B) apply to any matter pending, before the 

22 Bureau of Justice Assistance or otherwise, on the 

23 date of enactment of this Act, or filed or accru24 ing after that date. 

25 (2) EXCEPTIONS.— 


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1 (A) RESCUE SQUADS AND AMBULANCE

2 CREWS.—For a member of a rescue squad or am3 bulance crew (as defined in section 1204(7) of 

4 title I of the Omnibus Crime Control and Safe 

5 Streets Act of 1968, as amended by this section), 

6 the amendments made by this Act shall apply to 

7 injuries sustained on or after June 1, 2009. 

8 (B) HEART ATTACKS, STROKES, AND VAS9 CULAR RUPTURES.—Section 1201(k) of title I of 

10 the Omnibus Crime Control and Safe Streets Act 

11 of 1968, as amended by this section, shall apply 

12 to heart attacks, strokes, and vascular ruptures 

13 sustained on or after December 15, 2003. 

14 SEC. 5022. SCIENTIFIC FRAMEWORK FOR RECALCITRANT 

15 CANCERS. 

16 Subpart 1 of part C of title IV of the Public Health 

17 Service Act (42 U.S.C. 285 et seq.) is amended by adding 

18 at the end the following: 

19 ‘‘SEC. 417G. SCIENTIFIC FRAMEWORK FOR RECALCITRANT 

20 CANCERS. 

21 ‘‘(a) DEVELOPMENT OF SCIENTIFIC FRAMEWORK.— 

22 ‘‘(1) IN GENERAL.—For each recalcitrant cancer 

23 identified under subsection (b), the Director of the In24 stitute shall develop (in accordance with subsection 


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1 (c)) a scientific framework for the conduct or support 

2 of research on such cancer. 

3 ‘‘(2) CONTENTS.—The scientific framework with 

4 respect to a recalcitrant cancer shall include the fol5 lowing: 

6 ‘‘(A) CURRENT STATUS.— 

7 ‘‘(i) REVIEW OF LITERATURE.—A sum8 mary of findings from the current literature 

9 in the areas of— 

10 ‘‘(I) the prevention, diagnosis, 

11 and treatment of such cancer; 

12 ‘‘(II) the fundamental biologic 

13 processes that regulate such cancer (in14 cluding similarities and differences of 

15 such processes from the biological proc16 esses that regulate other cancers); and 

17 ‘‘(III) the epidemiology of such 

18 cancer. 

19 ‘‘(ii) SCIENTIFIC ADVANCES.—The 

20 identification of relevant emerging scientific 

21 areas and promising scientific advances in 

22 basic, translational, and clinical science re23 lating to the areas described in subclauses 

24 (I) and (II) of clause (i). 


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1 ‘‘(iii) RESEARCHERS.—A description 

2 of the availability of qualified individuals 

3 to conduct scientific research in the areas 

4 described in clause (i). 

5 ‘‘(iv) COORDINATED RESEARCH INITIA6 TIVES.—The identification of the types of 

7 initiatives and partnerships for the coordi8 nation of intramural and extramural re9 search of the Institute in the areas described 

10 in clause (i) with research of the relevant 

11 national research institutes, Federal agen12 cies, and non-Federal public and private 

13 entities in such areas. 

14 ‘‘(v) RESEARCH RESOURCES.—The 

15 identification of public and private re16 sources, such as patient registries and tissue 

17 banks, that are available to facilitate re18 search relating to each of the areas described 

19 in clause (i). 

20 ‘‘(B) IDENTIFICATION OF RESEARCH QUES21 TIONS.—The identification of research questions 

22 relating to basic, translational, and clinical 

23 science in the areas described in subclauses (I) 

24 and (II) of subparagraph (A)(i) that have not 


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1 been adequately addressed with respect to such 

2 recalcitrant cancer. 

3 ‘‘(C) RECOMMENDATIONS.—Recommenda4 tions for appropriate actions that should be 

5 taken to advance research in the areas described 

6 in subparagraph (A)(i) and to address the re7 search questions identified in subparagraph (B), 

8 as well as for appropriate benchmarks to meas9 ure progress on achieving such actions, including 

10 the following: 

11 ‘‘(i) RESEARCHERS.—Ensuring ade12 quate availability of qualified individuals 

13 described in subparagraph (A)(iii). 

14 ‘‘(ii) COORDINATED RESEARCH INITIA15 TIVES.—Promoting and developing initia16 tives and partnerships described in sub17 paragraph (A)(iv). 

18 ‘‘(iii) RESEARCH RESOURCES.—Devel19 oping additional public and private re20 sources described in subparagraph (A)(v) 

21 and strengthening existing resources. 

22 ‘‘(3) TIMING.— 

23 ‘‘(A) INITIAL DEVELOPMENT AND SUBSE24 QUENT UPDATE.—For each recalcitrant cancer 


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1 identified under subsection (b)(1), the Director of 

2 the Institute shall— 

3 ‘‘(i) develop a scientific framework 

4 under this subsection not later than 18 

5 months after the date of the enactment of 

6 this section; and 

7 ‘‘(ii) review and update the scientific 

8 framework not later than 5 years after its 

9 initial development. 

10 ‘‘(B) OTHER UPDATES.—The Director of the 

11 Institute may review and update each scientific 

12 framework developed under this subsection as 

13 necessary. 

14 ‘‘(4) PUBLIC NOTICE.—With respect to each sci15 entific framework developed under subsection (a), not 

16 later than 30 days after the date of completion of the 

17 framework, the Director of the Institute shall— 

18 ‘‘(A) submit such framework to the Com19 mittee on Energy and Commerce and Committee 

20 on Appropriations of the House of Representa21 tives, and the Committee on Health, Education, 

22 Labor, and Pensions and Committee on Appro23 priations of the Senate; and 


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1 ‘‘(B) make such framework publically avail2 able on the Internet website of the Department of 

3 Health and Human Services. 

4 ‘‘(b) IDENTIFICATION OF RECALCITRANT CANCER.— 

5 ‘‘(1) IN GENERAL.—Not later than 6 months 

6 after the date of the enactment of this section, the Di7 rector of the Institute shall identify two or more recal8 citrant cancers that each— 

9 ‘‘(A) have a 5-year relative survival rate of 

10 less than 20 percent; and 

11 ‘‘(B) are estimated to cause the death of at 

12 least 30,000 individuals in the United States per 

13 year. 

14 ‘‘(2) ADDITIONAL CANCERS.—The Director of the 

15 Institute may, at any time, identify other recalcitrant 

16 cancers for purposes of this section. In identifying a 

17 recalcitrant cancer pursuant to the previous sentence, 

18 the Director may consider additional metrics of 

19 progress (such as incidence and mortality rates) 

20 against such type of cancer. 

21 ‘‘(c) WORKING GROUPS.—For each recalcitrant cancer 

22 identified under subsection (b), the Director of the Institute 

23 shall convene a working group comprised of representatives 

24 of appropriate Federal agencies and other non-Federal enti25 ties to provide expertise on, and assist in developing, a sciVerDate Mar 15 2010 01:32 Dec 07, 2012 Jkt 029200 PO 00000 Frm 01135 Fmt 6652 Sfmt 6203 E:\SENENR\H4310.PP H4310

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1 entific framework under subsection (a). The Director of the 

2 Institute (or the Director’s designee) shall participate in the 

3 meetings of each such working group. 

4 ‘‘(d) REPORTING.— 

5 ‘‘(1) BIENNIAL REPORTS.—The Director of NIH 

6 shall ensure that each biennial report under section 

7 403 includes information on actions undertaken to 

8 carry out each scientific framework developed under 

9 subsection (a) with respect to a recalcitrant cancer, 

10 including the following: 

11 ‘‘(A) Information on research grants award12 ed by the National Institutes of Health for re13 search relating to such cancer. 

14 ‘‘(B) An assessment of the progress made in 

15 improving outcomes (including relative survival 

16 rates) for individuals diagnosed with such can17 cer. 

18 ‘‘(C) An update on activities pertaining to 

19 such cancer under the authority of section 

20 413(b)(7). 

21 ‘‘(2) ADDITIONAL ONE-TIME REPORT FOR CER22 TAIN FRAMEWORKS.—For each recalcitrant cancer 

23 identified under subsection (b)(1), the Director of the 

24 Institute shall, not later than 6 years after the initial 

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1 section (a), submit a report to the Congress on the ef2 fectiveness of the framework (including the update re3 quired by subsection (a)(3)(A)(ii)) in improving the 

4 prevention, detection, diagnosis, and treatment of 

5 such cancer. 

6 ‘‘(e) RECOMMENDATIONS FOR EXCEPTION FUNDING.— 

7 The Director of the Institute shall consider each relevant 

8 scientific framework developed under subsection (a) when 

9 making recommendations for exception funding for grant 

10 applications. 

11 ‘‘(f) DEFINITION.—In this section, the term ‘recal12 citrant cancer’ means a cancer for which the five-year rel13 ative survival rate is below 50 percent.’’. 

14 SEC. 5023. UNITED STATES ADVISORY COMMISSION ON 

15 PUBLIC DIPLOMACY. 

16 (a) TECHNICAL AMENDMENT.—Section 604(a) of the 

17 United States Information and Educational Exchange Act 

18 of 1948 (22 U.S.C. 1469(a)) is amended by inserting ‘‘(re19 ferred to in this section as the ‘Commission’)’’ before the 

20 period at the end. 

21 (b) DUTIES AND RESPONSIBILITIES.—Section 604(c) 

22 of such Act is amended to read as follows: 

23 ‘‘(c) DUTIES AND RESPONSIBILITIES.—The Commis24 sion shall appraise United States Government activities in25 tended to understand, inform, and influence foreign publics. 


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1 The activities described in this subsection shall be referred 

2 to in this section as ‘public diplomacy activities’.’’. 

3 (c) REPORTS.—Section 604(d) of such Act is amended 

4 to read as follows: 

5 ‘‘(d) REPORTS.— 

6 ‘‘(1) COMPREHENSIVE ANNUAL REPORT.— 

7 ‘‘(A) IN GENERAL.—Not less frequently than 

8 annually, the Commission shall submit a com9 prehensive report on public diplomacy and inter10 national broadcasting activities to Congress, the 

11 President, and the Secretary of State. This re12 port shall include— 

13 ‘‘(i) a detailed list of all public diplo14 macy activities funded by the United States 

15 Government; 

16 ‘‘(ii) a description of— 

17 ‘‘(I) the purpose, means, and geo18 graphic scope of each activity; 

19 ‘‘(II) when each activity was 

20 started; 

21 ‘‘(III) the amount of Federal 

22 funding expended on each activity; 

23 ‘‘(IV) any significant outside 

24 sources of funding; and 


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1 ‘‘(V) the Federal department or 

2 agency to which the activity belongs; 

3 ‘‘(iii) the international broadcasting 

4 activities under the direction of the Broad5 casting Board of Governors; 

6 ‘‘(iv) an assessment of potentially du7 plicative public diplomacy and inter8 national broadcasting activities; and 

9 ‘‘(v) for any activities determined to be 

10 ineffective or results not demonstrated under 

11 subparagraph (B), recommendations on ex12 isting effective or moderately effective public 

13 diplomacy activities that could be aug14 mented to carry out the objectives of the in15 effective activities. 

16 ‘‘(B) EFFECTIVENESS ASSESSMENT.—In 

17 evaluating the public diplomacy and inter18 national broadcasting activities described in sub19 paragraph (A), the Commission shall conduct an 

20 assessment that considers the public diplomacy 

21 target impact, the achieved impact, and the cost 

22 of public diplomacy activities and international 

23 broadcasting. The assessment shall include, if 

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1 ity. Upon the completion of the assessment, the 

2 Commission shall the assign a rating of— 

3 ‘‘(i) ‘effective’ for activities that— 

4 ‘‘(I) set appropriate goals; 

5 ‘‘(II) achieve results; and 

6 ‘‘(III) are well-managed and cost 

7 efficient; 

8 ‘‘(ii) ‘moderately effective’ for activities 

9 that— 

10 ‘‘(I) achieve some results; 

11 ‘‘(II) are generally well-managed; 

12 and 

13 ‘‘(III) need to improve their per14 formance results or cost efficiency, in15 cluding reducing overhead; 

16 ‘‘(iii) ‘ineffective’ for activities that— 

17 ‘‘(I) are not making sufficient use 

18 of available resources to achieve stated 

19 goals; 

20 ‘‘(II) are not well-managed; or 

21 ‘‘(III) have excessive overhead; 

22 and 

23 ‘‘(iv) ‘results not demonstrated’ for ac24 tivities that— 


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1 ‘‘(I) do not have acceptable per2 formance public diplomacy metrics for 

3 measuring results; or 

4 ‘‘(II) are unable or failed to col5 lect data to determine if they are effec6 tive. 

7 ‘‘(2) OTHER REPORTS.— 

8 ‘‘(A) IN GENERAL.—The Commission shall 

9 submit other reports, including working papers, 

10 to Congress, the President, and the Secretary of 

11 State at least semi-annually on other activities 

12 and policies related to United States public di13 plomacy. 

14 ‘‘(B) AVAILABILITY.—The Commission shall 

15 make the reports submitted pursuant to subpara16 graph (A) publicly available on the website of the 

17 Commission to develop a better understanding of, 

18 and support for, public diplomacy activities. 

19 ‘‘(3) ACCESS TO INFORMATION.—The Secretary 

20 of State shall ensure that the Commission has access 

21 to all appropriate information to carry out its duties 

22 and responsibilities under this subsection.’’. 

23 (d) REAUTHORIZATION.— 

24 (1) IN GENERAL.—Section 1334 of the Foreign 

25 Affairs Reform and Restructuring Act of 1998 (22 


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1 U.S.C. 6553) is amended by striking ‘‘October 1, 

2 2010’’ and inserting ‘‘October 1, 2014’’. 

3 (2) RETROACTIVITY OF EFFECTIVE DATE.—The 

4 amendment made by paragraph (1) shall take effect 

5 on October 1, 2010. 

6 (e) FUNDING.—From amounts appropriated by Con7 gress under the heading ‘‘DIPLOMATIC AND CONSULAR PRO8 GRAMS’’, the Secretary of State shall allocate sufficient 

9 funding to the United States Advisory Commission on Pub10 lic Diplomacy to carry out section 604 of the United States 

11 Information and Educational Exchange Act of 1948 (22 

12 U.S.C. 1469), as amended by this section. 

13 SEC. 5024. REMOVAL OF ACTION. 

14 Section 1442 of title 28, United States Code, is amend15 ed by striking subsection (c) and inserting the following: 

16 ‘‘(c) Solely for purposes of determining the propriety 

17 of removal under subsection (a), a law enforcement officer, 

18 who is the defendant in a criminal prosecution, shall be 

19 deemed to have been acting under the color of his office if 

20 the officer— 

21 ‘‘(1) protected an individual in the presence of 

22 the officer from a crime of violence; 

23 ‘‘(2) provided immediate assistance to an indi24 vidual who suffered, or who was threatened with, bod25 ily harm; or 


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1 ‘‘(3) prevented the escape of any individual who 

2 the officer reasonably believed to have committed, or 

3 was about to commit, in the presence of the officer, 

4 a crime of violence that resulted in, or was likely to 

5 result in, death or serious bodily injury. 

6 ‘‘(d) In this section, the following definitions apply: 

7 ‘‘(1) The terms ‘civil action’ and ‘criminal pros8 ecution’ include any proceeding (whether or not ancil9 lary to another proceeding) to the extent that in such 

10 proceeding a judicial order, including a subpoena for 

11 testimony or documents, is sought or issued. If re12 moval is sought for a proceeding described in the pre13 vious sentence, and there is no other basis for re14 moval, only that proceeding may be removed to the 

15 district court. 

16 ‘‘(2) The term ‘crime of violence’ has the mean17 ing given that term in section 16 of title 18. 

18 ‘‘(3) The term ‘law enforcement officer’ means 

19 any employee described in subparagraph (A), (B), or 

20 (C) of section 8401(17) of title 5 and any special 

21 agent in the Diplomatic Security Service of the De22 partment of State. 

23 ‘‘(4) The term ‘serious bodily injury’ has the 

24 meaning given that term in section 1365 of title 18. 


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1 ‘‘(5) The term ‘State’ includes the District of Co2 lumbia, United States territories and insular posses3 sions, and Indian country (as defined in section 1151 

4 of title 18). 

5 ‘‘(6) The term ‘State court’ includes the Superior 

6 Court of the District of Columbia, a court of a United 

7 States territory or insular possession, and a tribal 

8 court.’’. 

9 TITLE LIII—GAO MANDATES 

10 REVISION ACT 

11 Subtitle A—GAO Mandates Revision 

12 Act 

13 SEC. 5301. SHORT TITLE. 

14 This subtitle may be cited as the ‘‘GAO Mandates Re15 vision Act of 2012’’. 

16 SEC. 5302. REPEALS AND MODIFICATIONS. 

17 (a) CAPITOL PRESERVATION FUND FINANCIAL STATE18 MENTS.—Section 804 of the Arizona-Idaho Conservation 

19 Act of 1988 (2 U.S.C. 2084) is amended by striking ‘‘an20 nual audits of the transactions of the Commission’’ and in21 serting ‘‘periodic audits of the transactions of the Commis22 sion, which shall be conducted at least once every 3 years, 

23 unless the Chairman or the Ranking Member of the Com24 mittee on Rules and Administration of the Senate or the 

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1 resentatives, the Secretary of the Senate, or the Clerk of the 

2 House of Representatives requests that an audit be con3 ducted at an earlier date,’’. 

4 (b) JUDICIAL SURVIVORS’ ANNUITIES FUND AUDIT BY

5 GAO.— 

6 (1) IN GENERAL.—Section 376 of title 28, 

7 United States Code, is amended— 

8 (A) by striking subsection (w); and 

9 (B) by redesignating subsections (x) and (y) 

10 as subsections (w) and (x), respectively. 

11 (2) TECHNICAL AND CONFORMING AMEND12 MENT.—Section 376(h)(2) of title 28, United States 

13 Code, is amended by striking ‘‘subsection (x)’’ and in14 serting ‘‘subsection (w)’’. 

15 (c) ONDCP ANNUAL REPORT REQUIREMENT.—Sec16 tion 203 of the Office of National Drug Control Policy Re17 authorization Act of 2006 (21 U.S.C. 1708a) is amended— 

18 (1) in subsection (a), by striking ‘‘of each year’’ 

19 and inserting ‘‘, 2013, and every 3 years thereafter,’’; 

20 and 

21 (2) in subsection (b), in the matter preceding 

22 paragraph (1), by striking ‘‘at a frequency of not less 

23 than once per year—’’ and inserting ‘‘not later than 

24 December 31, 2013, and every 3 years thereafter—’’. 


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1 (d) USERRA GAO REPORT.—Section 105(g)(1) of the 

2 Veterans’ Benefits Act of 2010 (Public Law 111–275; 38 

3 U.S.C. 4301 note) is amended by striking ‘‘, and annually 

4 thereafter during the period when the demonstration project 

5 is conducted,’’. 

6 (e) SEMIPOSTAL PROGRAM REPORTS BY THE GEN7 ERAL ACCOUNTING OFFICE.—Section 2 of the Semipostal 

8 Authorization Act (Public Law 106–253; 114 Stat. 636; 39 

9 U.S.C. 416 note) is amended— 

10 (1) by striking subsection (c); and 

11 (2) by redesignating subsections (d) and (e) as 

12 subsections (c) and (d), respectively. 

13 (f) EARNED IMPORT ALLOWANCE PROGRAM REVIEW

14 BY GAO.—Section 231A(b)(4) of the Caribbean Basin Eco15 nomic Recovery Act (19 U.S.C. 2703a(b)(4)) is amended— 

16 (1) by striking subparagraph (C); and 

17 (2) by redesignating subparagraph (D) as sub18 paragraph (C). 

19 (g) AMERICAN BATTLE MONUMENTS COMMISSION’S

20 FINANCIAL STATEMENTS AND AUDITS.—Section 2103(h) of 

21 title 36, United States Code, is amended— 

22 (1) in paragraph (1), by striking ‘‘of paragraph 

23 (2) of this subsection’’ and inserting ‘‘of section 3515 

24 of title 31’’; 

25 (2) in paragraph (1), by striking ‘‘(1)’’; and 


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1 (3) by striking paragraph (2). 

2 (h) SENATE PRESERVATION FUND AUDITS.—Section 

3 3(c)(6) of the Legislative Branch Appropriations Act, 2004 

4 (2 U.S.C. 2108(c)(6)) is amended by striking ‘‘annual au5 dits of the Senate Preservation Fund’’ and inserting ‘‘peri6 odic audits of the Senate Preservation Fund, which shall 

7 be conducted at least once every 3 years, unless the Chair8 man or the Ranking Member of the Committee on Rules 

9 and Administration of the Senate or the Secretary of the 

10 Senate requests that an audit be conducted at an earlier 

11 date,’’. 

12 Subtitle B—Improper Payments 

13 Elimination and Recovery Im14 provement Act 

15 SEC. 5311. SHORT TITLE. 

16 This subtitle may be cited as the ‘‘Improper Payments 

17 Elimination and Recovery Improvement Act of 2012’’. 

18 SEC. 5312. DEFINITIONS. 

19 In this subtitle— 

20 (1) the term ‘‘agency’’ means an executive agen21 cy as that term is defined under section 102 of title 

22 31, United States Code; and 

23 (2) the term ‘‘improper payment’’ has the mean24 ing given that term in section 2(g) of the Improper 

25 Payments Information Act of 2002 (31 U.S.C. 3321 


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1 note), as redesignated by section l03(a)(1) of this 

2 subtitle. 

3 SEC. 5313. IMPROVING THE DETERMINATION OF IMPROPER 

4 PAYMENTS BY FEDERAL AGENCIES. 

5 (a) IN GENERAL.—Section 2 of the Improper Pay6 ments Information Act of 2002 (31 U.S.C. 3321 note) is 

7 amended— 

8 (1) by redesignating subsections (b) through (g) 

9 as subsections (c) through (h), respectively; 

10 (2) by inserting after subsection (a) the fol11 lowing: 

12 ‘‘(b) IMPROVING THE DETERMINATION OF IMPROPER

13 PAYMENTS.— 

14 ‘‘(1) IN GENERAL.—The Director of the Office of 

15 Management and Budget shall on an annual basis— 

16 ‘‘(A) identify a list of high-priority Federal 

17 programs for greater levels of oversight and re18 view— 

19 ‘‘(i) in which the highest dollar value 

20 or highest rate of improper payments occur; 

21 or 

22 ‘‘(ii) for which there is a higher risk of 

23 improper payments; and 

24 ‘‘(B) in coordination with the agency re25 sponsible for administering the high-priority 


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1 program, establish annual targets and semi-an2 nual or quarterly actions for reducing improper 

3 payments associated with each high-priority pro4 gram. 

5 ‘‘(2) REPORT ON HIGH-PRIORITY IMPROPER PAY6 MENTS.— 

7 ‘‘(A) IN GENERAL.—Subject to Federal pri8 vacy policies and to the extent permitted by law, 

9 each agency with a program identified under 

10 paragraph (1)(A) on an annual basis shall sub11 mit to the Inspector General of that agency, and 

12 make available to the public (including avail13 ability through the Internet), a report on that 

14 program. 

15 ‘‘(B) CONTENTS.—Each report under this 

16 paragraph— 

17 ‘‘(i) shall describe— 

18 ‘‘(I) any action the agency— 

19 ‘‘(aa) has taken or plans to 

20 take to recover improper pay21 ments; and 

22 ‘‘(bb) intends to take to pre23 vent future improper payments; 

24 and 


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1 ‘‘(ii) shall not include any referrals the 

2 agency made or anticipates making to the 

3 Department of Justice, or any information 

4 provided in connection with such referrals. 

5 ‘‘(C) PUBLIC AVAILABILITY ON CENTRAL

6 WEBSITE.—The Office of Management and Budg7 et shall make each report submitted under this 

8 paragraph available on a central website. 

9 ‘‘(D) AVAILABILITY OF INFORMATION TO IN10 SPECTOR GENERAL.—Subparagraph (B)(ii) shall 

11 not prohibit any referral or information being 

12 made available to an Inspector General as other13 wise provided by law. 

14 ‘‘(E) ASSESSMENT AND RECOMMENDA15 TIONS.—The Inspector General of each agency 

16 that submits a report under this paragraph 

17 shall, for each program of the agency that is 

18 identified under paragraph (1)(A)— 

19 ‘‘(i) review— 

20 ‘‘(I) the assessment of the level of 

21 risk associated with the program, and 

22 the quality of the improper payment 

23 estimates and methodology of the agen24 cy relating to the program; and 


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1 ‘‘(II) the oversight or financial 

2 controls to identify and prevent im3 proper payments under the program; 

4 and 

5 ‘‘(ii) submit to Congress recommenda6 tions, which may be included in another re7 port submitted by the Inspector General to 

8 Congress, for modifying any plans of the 

9 agency relating to the program, including 

10 improvements for improper payments deter11 mination and estimation methodology.’’; 

12 (3) in subsection (d) (as redesignated by para13 graph (1) of this subsection), by striking ‘‘subsection 

14 (b)’’ each place that term appears and inserting ‘‘sub15 section (c)’’; 

16 (4) in subsection (e) (as redesignated by para17 graph (1) of this subsection), by striking ‘‘subsection 

18 (b)’’ and inserting ‘‘subsection (c)’’; and 

19 (5) in subsection (g)(3) (as redesignated by para20 graph (1) of this subsection), by inserting ‘‘or a Fed21 eral employee’’ after ‘‘non-Federal person or entity’’. 

22 (b) IMPROVED ESTIMATES.— 

23 (1) IN GENERAL.—Not later than 180 days after 

24 the date of enactment of this subtitle, the Director of 

25 the Office of Management and Budget shall provide 


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1 guidance to agencies for improving the estimates of 

2 improper payments under the Improper Payments 

3 Information Act of 2002 (31 U.S.C. 3321 note). 

4 (2) GUIDANCE.—Guidance under this subsection 

5 shall— 

6 (A) strengthen the estimation process of 

7 agencies by setting standards for agencies to fol8 low in determining the underlying validity of 

9 sampled payments to ensure amounts being 

10 billed are proper; and 

11 (B) instruct agencies to give the persons or 

12 entities performing improper payments estimates 

13 access to all necessary payment data, including 

14 access to relevant documentation; 

15 (C) explicitly bar agencies from relying on 

16 self-reporting by the recipients of agency pay17 ments as the sole source basis for improper pay18 ments estimates; 

19 (D) require agencies to include all identified 

20 improper payments in the reported estimate, re21 gardless of whether the improper payment in 

22 question has been or is being recovered; 

23 (E) include payments to employees, includ24 ing salary, locality pay, travel pay, purchase 

25 card use, and other employee payments, as subVerDate Mar 15 2010 01:32 Dec 07, 2012 Jkt 029200 PO 00000 Frm 01152 Fmt 6652 Sfmt 6203 E:\SENENR\H4310.PP H4310

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1 ject to risk assessment and, where appropriate, 

2 improper payment estimation; and 

3 (F) require agencies to tailor their correc4 tive actions for the high-priority programs iden5 tified under section 2(b)(1)(A) of the Improper 

6 Payments Information Act of 2002 (31 U.S.C. 

7 3321 note) to better reflect the unique processes, 

8 procedures, and risks involved in each specific 

9 program. 

10 (c) TECHNICAL AND CONFORMING AMENDMENTS.—The 

11 Improper Payments Elimination and Recovery Act of 2010 

12 (Public Law 111–204; 124 Stat. 2224) is amended— 

13 (1) in section 2(h)(1) (31 U.S.C. 3321 note), by 

14 striking ‘‘section 2(f)’’ and all that follows and insert15 ing ‘‘section 2(g) of the Improper Payments Informa16 tion Act of 2002 (31 U.S.C. 3321 note).’’; and 

17 (2) in section 3(a) (31 U.S.C. 3321 note)— 

18 (A) in paragraph (1), by striking ‘‘section 

19 2(f)’’ and all that follows and inserting ‘‘section 

20 2(g) of the Improper Payments Information Act 

21 of 2002 (31 U.S.C. 3321 note).’’; and 

22 (B) in paragraph (3)— 

23 (i) by striking ‘‘section 2(b)’’ each 

24 place it appears and inserting ‘‘section 

25 2(c)’’; and 


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1 (ii) by striking ‘‘section 2(c)’’ each 

2 place it appears and inserting ‘‘section 

3 2(d)’’. 

4 SEC. 5314. IMPROPER PAYMENTS INFORMATION. 

5 Section 2(a)(3)(A)(ii) of the Improper Payments In6 formation Act of 2002 (31 U.S.C. 3321 note) is amended 

7 by striking ‘‘with respect to fiscal years following September 

8 30th of a fiscal year beginning before fiscal year 2013 as 

9 determined by the Office of Management and Budget’’ and 

10 inserting ‘‘with respect to fiscal year 2014 and each fiscal 

11 year thereafter’’. 

12 SEC. 5315. DO NOT PAY INITIATIVE. 

13 (a) PREPAYMENT AND PREAWARD PROCEDURES.— 

14 (1) IN GENERAL.—Each agency shall review pre15 payment and preaward procedures and ensure that a 

16 thorough review of available databases with relevant 

17 information on eligibility occurs to determine pro18 gram or award eligibility and prevent improper pay19 ments before the release of any Federal funds. 

20 (2) DATABASES.—At a minimum and before 

21 issuing any payment and award, each agency shall 

22 review as appropriate the following databases to 

23 verify eligibility of the payment and award: 

24 (A) The Death Master File of the Social Se25 curity Administration. 


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1 (B) The General Services Administration’s 

2 Excluded Parties List System. 

3 (C) The Debt Check Database of the Depart4 ment of the Treasury. 

5 (D) The Credit Alert System or Credit Alert 

6 Interactive Voice Response System of the Depart7 ment of Housing and Urban Development. 

8 (E) The List of Excluded Individuals/Enti9 ties of the Office of Inspector General of the De10 partment of Health and Human Services. 

11 (b) DO NOT PAY INITIATIVE.— 

12 (1) ESTABLISHMENT.—There is established the 

13 Do Not Pay Initiative which shall include— 

14 (A) use of the databases described under 

15 subsection (a)(2); and 

16 (B) use of other databases designated by the 

17 Director of the Office of Management and Budget 

18 in consultation with agencies and in accordance 

19 with paragraph (2). 

20 (2) OTHER DATABASES.—In making designa21 tions of other databases under paragraph (1)(B), the 

22 Director of the Office of Management and Budget 

23 shall— 


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1 (A) consider any database that substan2 tially assists in preventing improper payments; 

3 and 

4 (B) provide public notice and an oppor5 tunity for comment before designating a data6 base under paragraph (1)(B). 

7 (3) ACCESS AND REVIEW BY AGENCIES.—For 

8 purposes of identifying and preventing improper pay9 ments, each agency shall have access to, and use of, 

10 the Do Not Pay Initiative to verify payment or 

11 award eligibility in accordance with subsection (a) 

12 when the Director of the Office of Management and 

13 Budget determines the Do Not Pay Initiative is ap14 propriately established for the agency. 

15 (4) PAYMENT OTHERWISE REQUIRED.—When 

16 using the Do Not Pay Initiative, an agency shall rec17 ognize that there may be circumstances under which 

18 the law requires a payment or award to be made to 

19 a recipient, regardless of whether that recipient is 

20 identified as potentially ineligible under the Do Not 

21 Pay Initiative. 

22 (5) ANNUAL REPORT.—The Director of the Office 

23 of Management and Budget shall submit to Congress 

24 an annual report, which may be included as part of 

25 another report submitted to Congress by the Director, 


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1 regarding the operation of the Do Not Pay Initiative, 

2 which shall— 

3 (A) include an evaluation of whether the Do 

4 Not Pay Initiative has reduced improper pay5 ments or improper awards; and 

6 (B) provide the frequency of corrections or 

7 identification of incorrect information. 

8 (c) DATABASE INTEGRATION PLAN.—Not later than 60 

9 days after the date of enactment of this subtitle, the Director 

10 of the Office of Management and Budget shall provide to 

11 the Congress a plan for— 

12 (1) inclusion of other databases on the Do Not 

13 Pay Initiative; 

14 (2) to the extent permitted by law, agency access 

15 to the Do Not Pay Initiative; and 

16 (3) the multilateral data use agreements de17 scribed under subsection (e). 

18 (d) INITIAL WORKING SYSTEM.— 

19 (1) ESTABLISHMENT.—Not later than 90 days 

20 after the date of enactment of this subtitle, the Direc21 tor of the Office of Management and Budget shall es22 tablish a working system for prepayment and 

23 preaward review that includes the Do Not Pay Initia24 tive as described under this section. 


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1 (2) WORKING SYSTEM.—The working system es2 tablished under paragraph (1)— 

3 (A) may be located within an appropriate 

4 agency; 

5 (B) shall include not less than 3 agencies as 

6 users of the system; and 

7 (C) shall include investigation activities for 

8 fraud and systemic improper payments detection 

9 through analytic technologies and other tech10 niques, which may include commercial database 

11 use or access. 

12 (3) APPLICATION TO ALL AGENCIES.—Not later 

13 than June 1, 2013, each agency shall review all pay14 ments and awards for all programs of that agency 

15 through the system established under this subsection. 

16 (e) FACILITATING DATA ACCESS BY FEDERAL AGEN17 CIES AND OFFICES OF INSPECTORS GENERAL FOR PUR18 POSES OF PROGRAM INTEGRITY.— 

19 (1) DEFINITION.—In this subsection, the term 

20 ‘‘Inspector General’’ means an Inspector General de21 scribed in subparagraph (A), (B), or (I) of section 

22 11(b)(1) of the Inspector General Act of 1978 (5 

23 U.S.C. App.). 


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1 (2) COMPUTER MATCHING BY FEDERAL AGEN2 CIES FOR PURPOSES OF INVESTIGATION AND PREVEN3 TION OF IMPROPER PAYMENTS AND FRAUD.— 

4 (A) IN GENERAL.—Except as provided in 

5 this paragraph, in accordance with section 552a 

6 of title 5, United States Code (commonly known 

7 as the Privacy Act of 1974), each Inspector Gen8 eral and the head of each agency may enter into 

9 computer matching agreements that allow ongo10 ing data matching (which shall include auto11 mated data matching) in order to assist in the 

12 detection and prevention of improper payments. 

13 (B) REVIEW.—Not later than 60 days after 

14 a proposal for an agreement under subparagraph 

15 (A) has been presented to a Data Integrity 

16 Board established under section 552a(u) of title 

17 5, United States Code, for consideration, the 

18 Data Integrity Board shall respond to the pro19 posal. 

20 (C) TERMINATION DATE.—An agreement 

21 under subparagraph (A)— 

22 (i) shall have a termination date of 

23 less than 3 years; and 

24 (ii) during the 3-month period ending 

25 on the date on which the agreement is 


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1 scheduled to terminate, may be renewed by 

2 the agencies entering the agreement for not 

3 more than 3 years. 

4 (D) MULTIPLE AGENCIES.—For purposes of 

5 this paragraph, section 552a(o)(1) of title 5, 

6 United States Code, shall be applied by sub7 stituting ‘‘between the source agency and the re8 cipient agency or non-Federal agency or an 

9 agreement governing multiple agencies’’ for ‘‘be10 tween the source agency and the recipient agency 

11 or non-Federal agency’’ in the matter preceding 

12 subparagraph (A). 

13 (E) COST-BENEFIT ANALYSIS.—A justifica14 tion under section 552a(o)(1)(B) of title 5, 

15 United States Code, relating to an agreement 

16 under subparagraph (A) is not required to con17 tain a specific estimate of any savings under the 

18 computer matching agreement. 

19 (F) GUIDANCE BY THE OFFICE OF MANAGE20 MENT AND BUDGET.—Not later than 6 months 

21 after the date of enactment of this subtitle, and 

22 in consultation with the Council of Inspectors 

23 General on Integrity and Efficiency, the Sec24 retary of Health and Human Services, the Com25 missioner of Social Security, and the head of 


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1 any other relevant agency, the Director of the Of2 fice of Management and Budget shall— 

3 (i) issue guidance for agencies regard4 ing implementing this paragraph, which 

5 shall include standards for— 

6 (I) reimbursement of costs, when 

7 necessary, between agencies; 

8 (II) retention and timely destruc9 tion of records in accordance with sec10 tion 552a(o)(1)(F) of title 5, United 

11 States Code; 

12 (III) prohibiting duplication and 

13 redisclosure of records in accordance 

14 with section 552a(o)(1)(H) of title 5, 

15 United States Code; 

16 (ii) review the procedures of the Data 

17 Integrity Boards established under section 

18 552a(u) of title 5, United States Code, and 

19 develop new guidance for the Data Integrity 

20 Boards to— 

21 (I) improve the effectiveness and 

22 responsiveness of the Data Integrity 

23 Boards; and 

24 (II) ensure privacy protections in 

25 accordance with section 552a of title 5, 


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1 United States Code (commonly known 

2 as the Privacy Act of 1974); and 

3 (III) establish standard matching 

4 agreements for use when appropriate; 

5 and 

6 (iii) establish and clarify rules regard7 ing what constitutes making an agreement 

8 entered under subparagraph (A) available 

9 upon request to the public for purposes of 

10 section 552a(o)(2)(A)(ii) of title 5, United 

11 States Code, which shall include requiring 

12 publication of the agreement on a public 

13 website. 

14 (G) CORRECTIONS.—The Director of the Of15 fice of Management and Budget shall establish 

16 procedures providing for the correction of data 

17 in order to ensure— 

18 (i) compliance with section 552a(p) of 

19 title 5, United States Code; and 

20 (ii) that corrections are made in any 

21 Do Not Pay Initiative database and in any 

22 relevant source databases designated by the 

23 Director of the Office of Management and 

24 Budget under subsection (b)(1). 


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1 (H) COMPLIANCE.—The head of each agen2 cy, in consultation with the Inspector General of 

3 the agency, shall ensure that any information 

4 provided to an individual or entity under this 

5 subsection is provided in accordance with proto6 cols established under this subsection. 

7 (I) RULE OF CONSTRUCTION.—Nothing in 

8 this subsection shall be construed to affect the 

9 rights of an individual under section 552a(p) of 

10 title 5, United States Code. 

11 (f) DEVELOPMENT AND ACCESS TO A DATABASE OF IN12 CARCERATED INDIVIDUALS.—Not later than 1 year after the 

13 date of enactment of this subtitle, the Attorney General shall 

14 submit to Congress recommendations for increasing the use 

15 of, access to, and the technical feasibility of using data on 

16 the Federal, State, and local conviction and incarceration 

17 status of individuals for purposes of identifying and pre18 venting improper payments by Federal agencies and pro19 grams and fraud. 

20 (g) PLAN TO CURB FEDERAL IMPROPER PAYMENTS TO

21 DECEASED INDIVIDUALS BY IMPROVING THE QUALITY AND

22 USE BY FEDERAL AGENCIES OF THE SOCIAL SECURITY AD23 MINISTRATION DEATH MASTER FILE.— 

24 (1) ESTABLISHMENT.—In conjunction with the 

25 Commissioner of Social Security and in consultation 


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1 with relevant stakeholders that have an interest in or 

2 responsibility for providing the data, and the States, 

3 the Director of the Office of Management and Budget 

4 shall establish a plan for improving the quality, accu5 racy, and timeliness of death data maintained by the 

6 Social Security Administration, including death in7 formation reported to the Commissioner under section 

8 205(r) of the Social Security Act (42 U.S.C. 405(r)). 

9 (2) ADDITIONAL ACTIONS UNDER PLAN.—The 

10 plan established under this subsection shall include 

11 recommended actions by agencies to— 

12 (A) increase the quality and frequency of 

13 access to the Death Master File and other death 

14 data; 

15 (B) achieve a goal of at least daily access 

16 as appropriate; 

17 (C) provide for all States and other data 

18 providers to use improved and electronic means 

19 for providing data; 

20 (D) identify improved methods by agencies 

21 for determining ineligible payments due to the 

22 death of a recipient through proactive 

23 verification means; and 


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1 (E) address improper payments made by 

2 agencies to deceased individuals as part of Fed3 eral retirement programs. 

4 (3) REPORT.—Not later than 120 days after the 

5 date of enactment of this subtitle, the Director of the 

6 Office of Management and Budget shall submit a re7 port to Congress on the plan established under this 

8 subsection, including recommended legislation. 

9 SEC. 5316. IMPROVING RECOVERY OF IMPROPER PAY10 MENTS. 

11 (a) DEFINITION.—In this section, the term ‘‘recovery 

12 audit’’ means a recovery audit described under section 2(h) 

13 of the Improper Payments Elimination and Recovery Act 

14 of 2010. 

15 (b) REVIEW.—The Director of the Office of Manage16 ment and Budget shall determine— 

17 (1) current and historical rates and amounts of 

18 recovery of improper payments (or, in cases in which 

19 improper payments are identified solely on the basis 

20 of a sample, recovery rates and amounts estimated on 

21 the basis of the applicable sample), including a list of 

22 agency recovery audit contract programs and specific 

23 information of amounts and payments recovered by 

24 recovery audit contractors; and 


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1 (2) targets for recovering improper payments, 

2 including specific information on amounts and pay3 ments recovered by recovery audit contractors. 

4 Subtitle C—Sense of Congress 

5 Regarding Spectrum 

6 SEC. 5317. SENSE OF CONGRESS REGARDING SPECTRUM. 

7 It is the sense of Congress that— 

8 (1) the Nation’s mobile communications industry 

9 is a significant economic engine, by one estimate di10 rectly or indirectly supporting 3,800,000 jobs, or 2.6 

11 percent of all United States employment, contributing 

12 $195,500,000,000 to the United States gross domestic 

13 product and driving $33,000,000,000 in productivity 

14 improvements in 2011; 

15 (2) while wireless carriers are continually imple16 menting new and more efficient technologies and tech17 niques to maximize their existing spectrum capacity, 

18 there is a pressing need for additional spectrum for 

19 mobile broadband services, with one report predicting 

20 that global mobile data traffic will increase 18-fold 

21 between 2011 and 2016 at a compound annual 

22 growth rate of 78 percent, reaching 10.8 exabytes per 

23 month by 2016; 

24 (3) as the Nation faces the growing demand for 

25 spectrum, consideration should be given to both the 


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1 supply of spectrum for licensed networks and for unli2 censed devices; 

3 (4) while this additional demand can be met in 

4 part by reallocating spectrum from existing non-gov5 ernmental uses, the long-term solution must include 

6 reallocation and sharing of Federal Government spec7 trum for private sector use; 

8 (5) recognizing the important uses of spectrum 

9 by the Federal Government, including for national 

10 and homeland security, law enforcement and other 

11 critical federal uses, existing law ensures that Federal 

12 operations are not harmed as a result of a realloca13 tion of spectrum for commercial use, including 

14 through the establishment of the Spectrum Relocation 

15 Fund to reimburse Federal users for the costs of plan16 ning and implementing relocation and sharing ar17 rangements and, with respect to spectrum vacated by 

18 the Department of Defense, certification under section 

19 1062 of P.L. 106–65 by the Secretaries of Defense and 

20 Commerce and the Chairman of the Joint Chiefs of 

21 Staff that replacement spectrum provides comparable 

22 technical characteristics to restore essential military 

23 capability; and 

24 (6) given the need to determine equitable out25 comes for the Nation in relation to spectrum use that 


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1 balance the private sector’s demand for spectrum with 

2 national security and other critical federal missions, 

3 all interested parties should be encouraged to continue 

4 the collaborative efforts between industry and govern5 ment stakeholders that have been launched by the Na6 tional Telecommunications and Information Admin7 istration to assess and recommend practical frame8 works for the development of relocation, transition, 

9 and sharing arrangement and plans for 110 mega10 hertz of federal spectrum in the 1695–1710 MHz and 

11 the 1755–1850 MHz bands. 

Attest: 

Secretary. 


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112TH CONGRESS 

2D SESSION H.R. 4310 

AMENDMENT 

December 4, 2012 

Ordered to be printed as passed 


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