IIB 

112TH CONGRESS 

2D SESSION H. R. 4310 

IN THE SENATE OF THE UNITED STATES 

JUNE 19, 2012 

Received; read twice and referred to the Committee on Armed Services 

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. 


smartinez on DSK6TPTVN1PROD with BILLS
2 

HR 4310 RFS

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘National Defense Au5 thorization Act for Fiscal Year 2013’’. 

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

7 CONTENTS. 

8 (a) DIVISIONS.—This Act is organized into four divi9 sions as follows: 

10 (1) Division A—Department of Defense Au11 thorizations. 

12 (2) Division B—Military Construction Author13 izations. 

14 (3) Division C—Department of Energy Na15 tional Security Authorizations and Other Authoriza16 tions. 

17 (4) Division D—Funding Tables. 

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

19 this Act is as follows: 

Sec. 1. Short title. 

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

Sec. 3. Congressional defense committees. 

DIVISION A—DEPARTMENT OF DEFENSE AUTHORIZATIONS 

TITLE I—PROCUREMENT 

Subtitle A—Authorization of Appropriations 

Sec. 101. Authorization of appropriations. 

Subtitle B—Army Programs 

Sec. 111. Multiyear procurement authority for Army CH–47 helicopters. 


smartinez on DSK6TPTVN1PROD with BILLS
3 

HR 4310 RFS

Sec. 112. Reports on airlift requirements of the Army. 

Subtitle C—Navy Programs 

Sec. 121. Retirement of nuclear-powered ballistic submarines. 

Sec. 122. Extension of Ford-class aircraft carrier construction authority. 

Sec. 123. Extension of multiyear procurement authority for F/A–18E, F/A– 

18F, and EA–18G aircraft. 

Sec. 124. Multiyear procurement authority for V–22 joint aircraft program. 

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

and associated systems. 

Sec. 126. Multiyear procurement authority for Virginia-class submarine program. 

Sec. 127. Refueling and complex overhaul of the U.S.S. Abraham Lincoln. 

Sec. 128. Report on Littoral Combat Ship designs. 

Sec. 129. Comptroller General reviews of Littoral Combat Ship program. 

Sec. 130. Sense of Congress on importance of engineering in early stages of 

shipbuilding. 

Sec. 131. Sense of Congress on Marine Corps Amphibious Lift and Presence 

Requirements. 

Subtitle D—Air Force Programs 

Sec. 141. Retirement of B–1 bomber aircraft. 

Sec. 142. Maintenance of strategic airlift aircraft. 

Sec. 143. Limitation on availability of funds for divestment or retirement of C– 

27J aircraft. 

Sec. 144. Limitation on availability of funds for termination of C–130 avionics 

modernization program. 

Sec. 145. Review of C–130 force structure. 

Sec. 146. Limitation on availability of funds for evolved expendable launch vehicle program. 

Sec. 147. Procurement of space-based infrared systems. 

Subtitle E—Joint and Multiservice Matters 

Sec. 151. Requirement to set F–35 aircraft initial operational capability dates. 

Sec. 152. Limitation on availability of funds for retirement of RQ–4 Global 

Hawk unmanned aircraft systems. 

Sec. 153. Common data link for manned and unmanned intelligence, surveillance, and reconnaissance systems. 

TITLE II—RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

Subtitle A—Authorization of Appropriations 

Sec. 201. Authorization of appropriations. 

Subtitle B—Program Requirements, Restrictions, and Limitations 

Sec. 211. Next-generation long-range strike bomber aircraft nuclear certification requirement. 

Sec. 212. Unmanned combat air system. 

Sec. 213. Extension of limitation on availability of funds for Unmanned Carrier-launched Surveillance and Strike system program. 

Sec. 214. Limitation on availability of funds for future manned ground moving 

target indicator capability of the Air Force. 


smartinez on DSK6TPTVN1PROD with BILLS
4 

HR 4310 RFS

Sec. 215. Limitation on availability of funds for milestone A activities for the 

MQ–18 unmanned aircraft system. 

Sec. 216. Vertical lift platform technology demonstrations. 

Subtitle C—Missile Defense Programs 

Sec. 221. Procurement of AN/TPY–2 radars. 

Sec. 222. Development of advanced kill vehicle. 

Sec. 223. Missile defense site on the East Coast. 

Sec. 224. Ground-based midcourse defense system. 

Sec. 225. Ground-based midcourse defense interceptor test. 

Sec. 226. Deployment of SM–3 IIB interceptors on land and sea. 

Sec. 227. Iron Dome short-range rocket defense program. 

Sec. 228. Sea-based X-band radar. 

Sec. 229. Prohibition on the use of funds for the MEADS program. 

Sec. 230. Limitation on availability of funds for phased, adaptive approach to 

missile defense in Europe. 

Sec. 231. Limitation on availability of funds for the precision tracking space 

system. 

Sec. 232. Plan to improve discrimination and kill assessment capability of ballistic missile defense systems. 

Sec. 233. Plan to increase rate of flight tests of ground-based midcourse defense system. 

Sec. 234. Report on regional missile defense architectures. 

Sec. 235. Use of funds for conventional prompt global strike program. 

Sec. 236. Transfer of Aegis weapon system equipment to Missile Defense Agency. 

Subtitle D—Reports 

Sec. 241. Study on electronic warfare capabilities of the Marine Corps. 

Sec. 242. National Research Council review of defense science and technical 

graduate education needs. 

Sec. 243. Report on three-dimensional integrated circuit manufacturing capabilities. 

Sec. 244. Report on efforts to field new directed energy weapons. 

Sec. 245. Report on Air Force cyber operations. 

Subtitle E—Other Matters 

Sec. 251. Eligibility for Department of Defense laboratories to enter into educational partnerships with educational institutions in territories 

and possessions of the United States. 

Sec. 252. Regional advanced technology clusters. 

Sec. 253. Briefing on power and energy research conducted at University Affiliated Research Center. 

TITLE III—OPERATION AND MAINTENANCE 

Subtitle A—Authorization of Appropriations 

Sec. 301. Operation and maintenance funding. 

Sec. 302. Authorization of appropriations of funds for inactivation execution of 

U.S.S. Enterprise. 

Subtitle B—Energy and Environmental Provisions 

Sec. 311. Training range sustainment plan and training range inventory. 


smartinez on DSK6TPTVN1PROD with BILLS
5 

HR 4310 RFS

Sec. 312. Modification of definition of chemical substance. 

Sec. 313. Exemption of Department of Defense from alternative fuel procurement requirement. 

Sec. 314. Limitation on availability of funds for procurement of alternative fuel. 

Sec. 315. Plan on environmental exposures to members of the Armed Forces. 

Sec. 316. Southern sea otter military readiness areas. 

Sec. 317. Authority of Secretary of a military department to enter into cooperative agreements with Indian tribes for land management associated with military installations and State-owned National 

Guard installations. 

Sec. 318. Sense of Congress regarding decontamination of former bombardment 

area on island of Culebra, Puerto Rico. 

Subtitle C—Logistics and Sustainment 

Sec. 321. Expansion and reauthorization of multi-trades demonstration project. 

Sec. 322. Depot-level maintenance and repair. 

Sec. 323. Sense of Congress regarding the performance of commercially-available activities by Department of Defense civilian employees. 

Subtitle D—Readiness 

Sec. 331. Intergovernmental support agreements with State and local governments. 

Sec. 332. Extension and expansion of authority to provide assured business 

guarantees to carriers participating in Civil Reserve Air Fleet. 

Sec. 333. Expansion and reauthorization of pilot program for availability of 

working-capital funds for product improvements. 

Sec. 334. Center of Excellence for the National Guard State Partnership Program. 

Sec. 335. Codification of National Guard State Partnership Program. 

Subtitle E—Reports 

Sec. 341. Report on joint strategy for readiness and training in a C4ISR-denied 

environment. 

Sec. 342. Comptroller General review of annual Department of Defense report 

on prepositioned materiel and equipment. 

Sec. 343. Modification of report on maintenance and repair of vessels in foreign 

shipyards. 

Sec. 344. Extension of deadline for Comptroller General report on Department 

of Defense service contract inventory. 

Sec. 345. GAO report reviewing methodology of Department of Defense relating to costs of performance by civilian employees, military personnel, and contractors. 

Sec. 346. Report on medical evacuation policies. 

Sec. 347. Report on providing telecommunications services to uniformed personnel transiting through foreign airports. 

Sec. 348. Survey and report on personal protection equipment needed by members of the Armed Forces deployed on the ground in combat 

zones. 

Sec. 349. Report on status of targets in Operational Energy Strategy Implementation Plan. 

Subtitle F—Limitations and Extensions of Authority 


smartinez on DSK6TPTVN1PROD with BILLS
6 

HR 4310 RFS

Sec. 351. Repeal of authority to provide certain military equipment and facilities to support civilian law enforcement and emergency response. 

Sec. 352. Limitation on availability of funds for the disestablishment of aerospace control alert locations. 

Sec. 353. Limitation on authorization of appropriations for the National Museum of the United States Army. 

Sec. 354. Limitation on availability of funds for retirement or inactivation of 

Ticonderoga class cruisers or dock landing ships. 

Sec. 355. Renewal of expired prohibition on return of veterans memorial objects 

without specific authorization in law. 

Subtitle G—Other Matters 

Sec. 361. Retirement, adoption, care, and recognition of military working dogs. 

Sec. 362. Assistance for homeland defense mission training. 

Sec. 363. Comptroller General review of handling, labeling, and packaging procedures for hazardous material shipments. 

TITLE IV—MILITARY PERSONNEL AUTHORIZATIONS 

Subtitle A—Active Forces 

Sec. 401. End strengths for active forces. 

Sec. 402. Revision in permanent active duty end strength minimum levels. 

Sec. 403. Limitations on end strength reductions for regular component of the 

Army and Marine Corps. 

Sec. 404. Exclusion of members within the Integrated Disability Evaluation 

System from end strength levels for active forces. 

Subtitle B—Reserve Forces 

Sec. 411. End strengths for Selected Reserve. 

Sec. 412. End strengths for Reserves on active duty in support of the reserves. 

Sec. 413. End strengths for military technicians (dual status). 

Sec. 414. Fiscal year 2013 limitation on number of non-dual status technicians. 

Sec. 415. Maximum number of reserve personnel authorized to be on active 

duty for operational support. 

Subtitle C—Authorization of Appropriations 

Sec. 421. Military personnel. 

TITLE V—MILITARY PERSONNEL POLICY 

Subtitle A—Officer Personnel Policy Generally 

Sec. 501. Limitation on number of Navy flag officers on active duty. 

Sec. 502. Exception to required retirement after 30 years of service for Regular 

Navy warrant officers in the grade of Chief Warrant Officer, 

W–5. 

Sec. 503. Air Force Chief and Deputy Chief of Chaplains. 

Sec. 504. Extension of temporary authority to reduce minimum length of active 

service as a commissioned officer required for voluntary retirement as an officer. 

Sec. 505. Temporary increase in the time-in-grade retirement waiver limitation 

for lieutenant colonels and colonels in the Army, Air Force, 

and Marine Corps and commanders and captains in the Navy. 


smartinez on DSK6TPTVN1PROD with BILLS
7 

HR 4310 RFS

Sec. 506. Modification to limitations on number of officers for whom servicein-grade requirements may be reduced for retirement in grade 

upon voluntary retirement. 

Sec. 507. Diversity in military leadership and related reporting requirements. 

Subtitle B—Reserve Component Management 

Sec. 511. Codification of staff assistant positions for Joint Staff related to National Guard and Reserve matters. 

Sec. 512. Automatic Federal recognition of promotion of certain National 

Guard warrant officers. 

Sec. 513. On-line tracking of certain reserve duty. 

Subtitle C—General Service Authorities 

Sec. 521. Modifications to career intermission pilot program. 

Sec. 522. Authority for additional behavioral health professionals to conduct 

pre-separation medical exams for post-traumatic stress disorder. 

Sec. 523. Authority to accept voluntary services to assist Department of Defense efforts to account for missing persons. 

Sec. 524. Authorized leave available for members of the Armed Forces upon 

birth or adoption of a child. 

Sec. 525. Command responsibility and accountability for remains of members 

of the Army, Navy, Air Force, and Marine Corps who die outside the United States. 

Sec. 526. Report on feasibility of developing gender-neutral occupational standards for military occupational specialties currently closed to 

women. 

Sec. 527. Compliance with medical profiles issued for members of the Armed 

Forces. 

Subtitle D—Military Justice and Legal Matters 

Sec. 531. Clarification and enhancement of the role of Staff Judge Advocate to 

the Commandant of the Marine Corps. 

Sec. 532. Persons who may exercise disposition authority regarding charges involving certain sexual misconduct offenses under the Uniform 

Code of Military Justice. 

Sec. 533. Independent review and assessment of Uniform Code of Military Justice and judicial proceedings of sexual assault cases. 

Sec. 534. Collection and retention of records on disposition of reports of sexual 

assault. 

Sec. 535. Briefing, plan, and recommendations regarding efforts to prevent and 

respond to hazing incidents involving members of the Armed 

Forces. 

Sec. 536. Protection of rights of conscience of members of the Armed Forces 

and chaplains of such members. 

Sec. 537. Use of military installations as sites for marriage ceremonies or marriage-like ceremonies. 

Sec. 538. Coordination between Yellow Ribbon Reintegration Program and 

Small Business Development Centers. 

Subtitle E—Member Education and Training Opportunities and 

Administration 


smartinez on DSK6TPTVN1PROD with BILLS
8 

HR 4310 RFS

Sec. 541. Transfer of Troops-to-Teachers program from Department of Education to Department of Defense and enhancements to the program. 

Sec. 542. Support of Naval Academy athletic and physical fitness programs. 

Sec. 543. Department of Defense Inspector General review of access to military 

installations by representatives of for-profit educational institutions. 

Sec. 544. Expansion of Department of Defense pilot program on receipt of civilian credentialing for military occupational specialty skills. 

Subtitle F—Decorations and Awards 

Sec. 551. Issuance of prisoner-of-war medal. 

Sec. 552. Award of Purple Heart to members of the Armed Forces who were 

victims of the attacks at recruiting station in Little Rock, Arkansas, and at Fort Hood, Texas. 

Sec. 553. Advancement of Brigadier General Charles E. Yeager, United States 

Air Force (retired), on the retired list. 

Sec. 554. Authorization for award of the Medal of Honor to First Lieutenant 

Alonzo H. Cushing for acts of valor during the Civil War. 

Sec. 555. Retroactive award of Army Combat Action Badge. 

Sec. 556. Report on Navy review, findings, and actions pertaining to Medal of 

Honor nomination of Marine Corps Sergeant Rafael Peralta. 

Subtitle G—Defense Dependents’ Education and Military Family Readiness 

Matters 

Sec. 561. Continuation of authority to assist local educational agencies that 

benefit dependents of members of the Armed Forces and Department of Defense civilian employees. 

Sec. 562. Transitional compensation for dependent children who were carried 

during pregnancy at the time of dependent-abuse offense committed by an individual while a member of the Armed Forces. 

Sec. 563. Modification of authority to allow Department of Defense domestic 

dependent elementary and secondary schools to enroll certain 

students. 

Sec. 564. Protection of child custody arrangements for parents who are members of the Armed Forces. 

Sec. 565. Treatment of relocation of members of the Armed Forces for active 

duty for purposes of mortgage refinancing. 

Sec. 566. Sense of Congress regarding support for Yellow Ribbon Day. 

Subtitle H—Improved Sexual Assault Prevention and Response in the Armed 

Forces 

Sec. 571. Establishment of special victim teams to respond to allegations of 

child abuse, serious domestic violence, or sexual offenses. 

Sec. 572. Enhancement to training and education for sexual assault prevention 

and response. 

Sec. 573. Enhancement to requirements for availability of information on sexual assault prevention and response resources. 

Sec. 574. Modification of annual Department of Defense reporting requirements regarding sexual assaults. 

Sec. 575. Inclusion of sexual harassment incidents in annual Department of 

Defense reports on sexual assaults. 


smartinez on DSK6TPTVN1PROD with BILLS
9 

HR 4310 RFS

Sec. 576. Continued submission of progress reports regarding certain incident 

information management tools. 

Sec. 577. Briefings on Department of Defense actions regarding sexual assault 

prevention and response in the Armed Forces. 

Sec. 578. Armed Forces Workplace and Gender Relations Surveys. 

Sec. 579. Requirement for commanders to conduct annual organizational climate assessments. 

Sec. 580. Additional requirements for organizational climate assessments. 

Sec. 581. Review of unrestricted reports of sexual assault and subsequent separation of members making such reports. 

Sec. 582. Limitation on release from active duty or recall to active duty of reserve component members who are victims of sexual assault 

while on active duty. 

Sec. 583. Inclusion of information on substantiated reports of sexual harassment in member’s official service record. 

Sec. 584. Sense of Congress on military sexual trauma. 

Sec. 585. Correction of military records of members of the Armed Forces who 

experience retaliatory personnel actions for making a report of 

sexual assault or sexual harassment. 

Sec. 586. Department of Defense Sexual Assault and Harassment Oversight 

and Advisory Council. 

Subtitle I—Other Matters 

Sec. 590. Inclusion of Freely Associated States within scope of Junior Reserve 

Officers’ Training Corps program. 

Sec. 591. Preservation of editorial independence of Stars and Stripes. 

Sec. 592. Sense of Congress regarding designation of bugle call commonly 

known as ‘‘Taps’’ as National Song of Remembrance. 

Sec. 593. Recommended conduct during sounding of bugle call commonly 

known as ‘‘Taps’’. 

Sec. 594. Inspection of military cemeteries under the jurisdiction of Department of Defense. 

Sec. 595. Pilot program to provide transitional assistance to members of the 

Armed Forces with a focus on science, technology, engineering, 

and mathematics. 

Sec. 596. Sense of Congress regarding the recovery of the remains of certain 

members of the Armed Forces killed in Thurston Island, Antarctica. 

Sec. 597. Report on effects of multiple deployments. 

Sec. 598. Establishment of chain of command for Army National Military 

Cemeteries. 

Sec. 599. Military salute during recitation of pledge of allegiance by members 

of the Armed Forces not in uniform and by veterans. 

TITLE VI—COMPENSATION AND OTHER PERSONNEL BENEFITS 

Subtitle A—Pay and Allowances 

Sec. 601. Fiscal year 2013 increase in military basic pay. 

Sec. 602. Basic allowance for housing for two-member couples when one member is on sea duty. 

Sec. 603. No reduction in basic allowance for housing for Army National Guard 

and Air National Guard members who transition between active duty and full-time National Guard duty without a break 

in active service. 


smartinez on DSK6TPTVN1PROD with BILLS
10 

HR 4310 RFS

Sec. 604. Modification of Program Guidance relating to the award of Post-Deployment/Mobilization Respite Absence administrative absence 

days to members of the reserve components under DOD Instruction 1327.06. 

Sec. 605. Payment of benefit for nonparticipation of eligible members in PostDeployment/Mobilization Respite Absence program due to Government error. 

Subtitle B—Bonuses and Special and Incentive Pays 

Sec. 611. One-year extension of certain bonus and special pay authorities for 

reserve forces. 

Sec. 612. One-year extension of certain bonus and special pay authorities for 

health care professionals. 

Sec. 613. One-year extension of special pay and bonus authorities for nuclear 

officers. 

Sec. 614. One-year extension of authorities relating to title 37 consolidated special pay, incentive pay, and bonus authorities. 

Sec. 615. One-year extension of authorities relating to payment of other title 

37 bonuses and special pays. 

Sec. 616. Increase in maximum amount of officer affiliation bonus for officers 

in the Selected Reserve. 

Sec. 617. Increase in maximum amount of incentive bonus for reserve component members who convert military occupational specialty to 

ease personnel shortages. 

Subtitle C—Travel and Transportation Allowances Generally 

Sec. 621. Travel and transportation allowances for non-medical attendants for 

members receiving care in a residential treatment program. 

Subtitle D—Benefits and Services for Members Being Separated or Recently 

Separated 

Sec. 631. Extension of authority to provide two years of commissary and exchange benefits after separation. 

Sec. 632. Transitional use of military family housing. 

Subtitle E—Commissary and Nonappropriated Fund Instrumentality Benefits 

and Operations 

Sec. 641. Charitable organizations eligible for donations of unusable commissary store food and other food prepared for the Armed 

Forces. 

Sec. 642. Repeal of certain recordkeeping and reporting requirements applicable to commissary and exchange stores overseas. 

Sec. 643. Treatment of Fisher House for the Families of the Fallen and Meditation Pavilion at Dover Air Force Base, Delaware, as a Fisher 

House. 

Sec. 644. Purchase of sustainable products, local food products, and recyclable 

materials for resale in commissary and exchange store systems. 

Subtitle F—Disability, Retired Pay, and Survivor Benefits 


smartinez on DSK6TPTVN1PROD with BILLS
11 

HR 4310 RFS

Sec. 651. Repeal of requirement for payment of Survivor Benefit Plan premiums when participant waives retired pay to provide a survivor annuity under Federal Employees Retirement System and 

terminating payment of the Survivor Benefit Plan annuity. 

Subtitle G—Other Matters 

Sec. 661. Consistent definition of dependent for purposes of applying limitations on terms of consumer credit extended to certain members 

of the Armed Forces and their dependents. 

Sec. 662. Limitation on reduction in number of military and civilian personnel 

assigned to duty with service review agencies. 

Sec. 663. Equal treatment for members of Coast Guard Reserve called to active 

duty under title 14, United States Code. 

Sec. 664. Mortgage protection for members of the Armed Forces, surviving 

spouses, and certain veterans. 

Sec. 665. Study on issuing identification cards to certain members upon discharge. 

TITLE VII—HEALTH CARE PROVISIONS 

Subtitle A—Improvements to Health Benefits 

Sec. 701. Sense of Congress on nonmonetary contributions to health care benefits made by career members of the Armed Forces and their 

families. 

Sec. 702. Extension of TRICARE Standard coverage and TRICARE dental 

program for members of the Selected Reserve who are involuntarily separated. 

Sec. 703. Medical and dental care contracts for certain members of the National Guard. 

Sec. 704. Certain treatment of autism under TRICARE. 

Sec. 705. Mental health assessments for members of the Armed Forces. 

Subtitle B—Health Care Administration 

Sec. 711. Unified medical command. 

Sec. 712. Authority for automatic enrollment in TRICARE Prime of dependents of members in pay grades above pay grade E–4. 

Sec. 713. Cooperative health care agreements between the military departments 

and non-military health care entities. 

Sec. 714. Requirement to ensure the effectiveness and efficiency of health engagements. 

Sec. 715. Clarification of applicability of Federal Tort Claims Act to subcontractors employed to provide health care services to the Department of Defense. 

Sec. 716. Pilot program on increased third-party collection reimbursements in 

military medical treatment facilities. 

Sec. 717. Pilot program for refills of maintenance medications for TRICARE 

for Life beneficiaries through the TRICARE mail-order pharmacy program. 

Sec. 718. Cost-sharing rates for pharmacy benefits program of the TRICARE 

program. 

Sec. 719. Review of the administration of the military health system. 

Subtitle C—Reports and Other Matters 


smartinez on DSK6TPTVN1PROD with BILLS
12 

HR 4310 RFS

Sec. 721. Extension of Comptroller General report on contract health care 

staffing for military medical treatment facilities. 

Sec. 722. Extension of Comptroller General report on women-specific health 

services and treatment for female members of the Armed 

Forces. 

Sec. 723. Establishment of TRICARE working group. 

Sec. 724. Report on strategy to transition to use of human-based methods for 

certain medical training. 

Sec. 725. Pilot program on enhancements of Department of Defense efforts on 

mental health in the National Guard and Reserves through 

community partnerships. 

Sec. 726. Study on breast cancer among members of the Armed Forces and 

veterans. 

Sec. 727. Increased collaboration with NIH to combat triple negative breast 

cancer. 

Sec. 728. Pilot program on payment for treatment of members of the Armed 

Forces and veterans for traumatic brain injury and post-traumatic stress disorder. 

Sec. 729. Congressional support for greater awareness of post-traumatic stress 

disorder. 

TITLE VIII—ACQUISITION POLICY, ACQUISITION MANAGEMENT, 

AND RELATED MATTERS 

Subtitle A—Acquisition Policy and Management 

Sec. 801. Pilot exemption regarding treatment of procurements on behalf of the 

Department of Defense in accordance with the Department of 

Energy’s Work for Others Program. 

Sec. 802. Requirements relating to contracts for purchase of helicopters for Afghan Security Forces. 

Sec. 803. Prohibition on contracting with persons that have business operations 

with state sponsors of terrorism. 

Subtitle B—Amendments to General Contracting Authorities, Procedures, and 

Limitations 

Sec. 811. Modification of time period for congressional notification of the lease 

of certain vessels by the Department of Defense. 

Sec. 812. Extension of authority for use of simplified acquisition procedures for 

certain commercial items. 

Sec. 813. Codification and amendment relating to life-cycle management and 

product support requirements. 

Sec. 814. Codification of requirement relating to Government performance of 

critical acquisition functions. 

Sec. 815. Limitation on funding pending certification of implementation of requirements for competition. 

Sec. 816. Contractor responsibilities in regulations relating to detection and 

avoidance of counterfeit electronic parts. 

Sec. 817. Additional definition relating to production of specialty metals within 

the United States. 

Sec. 818. Assessment and report relating to infrared technology sectors. 

Sec. 819. Compliance with Berry Amendment required for uniform components 

supplied to Afghan military or Afghan National Police. 


smartinez on DSK6TPTVN1PROD with BILLS
13 

HR 4310 RFS

Subtitle C—Provisions Relating to Contracts in Support of Contingency 

Operations in Iraq or Afghanistan 

Sec. 821. Extension and expansion of authority to acquire products and services produced in countries along a major route of supply to Afghanistan. 

Sec. 822. Limitation on authority to acquire products and services produced in 

Afghanistan. 

Subtitle D—Other Matters 

Sec. 831. Enhancement of review of acquisition process for rapid fielding of capabilities in response to urgent operational needs. 

Sec. 832. Location of contractor-operated call centers in the United States. 

Sec. 833. Consideration and verification of information relating to effect on domestic employment of award of defense contracts. 

Sec. 834. Energy savings performance contract report. 

Sec. 835. Requirement to include trafficking in persons in performance assessments of defense contractors. 

TITLE IX—DEPARTMENT OF DEFENSE ORGANIZATION AND 

MANAGEMENT 

Subtitle A—Department of Defense Management 

Sec. 901. Additional duties of Deputy Assistant Secretary of Defense for Manufacturing and Industrial Base Policy and amendments to Strategic Materials Protection Board. 

Sec. 902. Requirement for focus on urgent operational needs and rapid acquisition. 

Sec. 903. Designation of Department of Defense senior official for enterprise 

resource planning system data conversion. 

Sec. 904. Additional responsibilities and resources for Deputy Assistant Secretary of Defense for Developmental Test and Evaluation. 

Sec. 905. Redesignation of the Department of the Navy as the Department of 

the Navy and Marine Corps. 

Subtitle B—Space Activities 

Sec. 911. Annual assessment of the synchronization of segments in space programs that are major defense acquisition programs. 

Sec. 912. Report on overhead persistent infrared technology. 

Sec. 913. Prohibition on use of funds to implement international agreement on 

space activities that has not been ratified by the Senate or authorized by statute. 

Sec. 914. Assessment of foreign components and the space launch capability of 

the United States. 

Sec. 915. Report on counter space technology. 

Sec. 916. Commercial space launch cooperation. 

Subtitle C—Intelligence-Related Activities 

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

alliances and regional organizations. 

Sec. 922. Technical amendments to reflect change in name of National Defense 

Intelligence College to National Intelligence University. 

Subtitle D—Total Force Management 


smartinez on DSK6TPTVN1PROD with BILLS
14 

HR 4310 RFS

Sec. 931. Limitation on certain funding until certification that inventory of 

contracts for services has begun. 

Sec. 932. Requirement to ensure sufficient levels of Government management, 

control, and oversight of functions closely associated with inherently governmental functions. 

Sec. 933. Special management attention required for certain functions identified in inventory of contracts for services. 

Subtitle E—Cyberspace-Related Matters 

Sec. 941. Military activities in cyberspace. 

Sec. 942. Quarterly cyber operations briefings. 

Subtitle F—Other Matters 

Sec. 951. Advice on military requirements by Chairman of Joint Chiefs of Staff 

and Joint Requirements Oversight Council. 

Sec. 952. Expansion of persons eligible for expedited Federal hiring following 

completion of National Security Education Program scholarship. 

Sec. 953. Annual briefing to congressional defense committees on certain written policy guidance. 

Sec. 954. One-year extension of authority to waive reimbursement of costs of 

activities for nongovernmental personnel at Department of Defense Regional Centers for Security Studies. 

Sec. 955. National Language Service Corps. 

TITLE X—GENERAL PROVISIONS 

Subtitle A—Financial Matters 

Sec. 1001. General transfer authority. 

Sec. 1002. Budgetary effects of this Act. 

Sec. 1003. Annual report on Armed Forces unfunded priorities. 

Subtitle B—Counter-Drug Activities 

Sec. 1011. Extension of the authority of the Chief of the National Guard Bureau to establish and operate National Guard counterdrug 

schools. 

Sec. 1012. Reporting requirement on expenditures to support foreign counterdrug activities. 

Sec. 1013. Extension of authority to support unified counter-drug and counterterrorism campaign in Colombia. 

Sec. 1014. Extension of authority for joint task forces to provide support to law 

enforcement agencies conducting counter-terrorism activities. 

Sec. 1015. Sense of Congress regarding the counterdrug tethered aerostat 

radar system program. 

Subtitle C—Naval Vessels and Shipyards 

Sec. 1021. Policy relating to major combatant vessels of the strike forces of the 

United States Navy. 

Sec. 1022. Limitation on availability of funds for delayed annual naval vessel 

construction plan. 

Subtitle D—Counterterrorism 


smartinez on DSK6TPTVN1PROD with BILLS
15 

HR 4310 RFS

Sec. 1031. Findings on detention pursuant to the Authorization for Use of 

Military Force enacted in 2001. 

Sec. 1032. Findings regarding habeas corpus rights. 

Sec. 1033. Rights Unaffected. 

Sec. 1034. Extension of authority to make rewards for combating terrorism. 

Sec. 1035. Prohibition on travel to the United States for certain detainees repatriated to the Federated States of Micronesia, the Republic of 

Palau, and the Republic of the Marshall Islands. 

Sec. 1036. Prohibition on the use of funds for the transfer or release of individuals detained at United States Naval Station, Guantanamo 

Bay, Cuba. 

Sec. 1037. Requirements for certifications relating to the transfer of detainees 

at United States Naval Station, Guantanamo Bay, Cuba, to 

foreign countries and other foreign entities. 

Sec. 1038. Prohibition on use of funds to construct or modify facilities in the 

United States to house detainees transferred from United 

States Naval Station, Guantanamo Bay, Cuba. 

Sec. 1039. Reports on recidivism of individuals detained at United States Naval 

Station, Guantanamo Bay, Cuba, that have been transferred to 

foreign countries. 

Sec. 1040. Notice and report on use of naval vessels for detention of individuals 

captured outside Afghanistan pursuant to the Authorization for 

Use of Military Force. 

Sec. 1041. Notice required prior to transfer of certain individuals detained at 

the Detention Facility at Parwan, Afghanistan. 

Sec. 1042. Report on recidivism of individuals formerly detained at the Detention Facility at Parwan, Afghanistan. 

Sec. 1043. Additional requirements relating to the transfer of individuals detained at Guantanamo to foreign countries and other foreign 

entities. 

Subtitle E—Nuclear Forces 

Sec. 1051. Nuclear weapons employment strategy of the United States. 

Sec. 1052. Commitments for nuclear weapons stockpile modernization. 

Sec. 1053. Limitation and report in the event of insufficient funding for modernization of nuclear weapons stockpile. 

Sec. 1054. Progress of modernization. 

Sec. 1055. Limitation on strategic delivery system reductions. 

Sec. 1056. Prevention of asymmetry of nuclear weapon stockpile reductions. 

Sec. 1057. Consideration of expansion of nuclear forces of other countries. 

Sec. 1058. Chemistry and Metallurgy Research Replacement Nuclear Facility 

and Uranium Processing Facility. 

Sec. 1059. Nuclear warheads on intercontinental ballistic missiles of the United 

States. 

Sec. 1060. Nonstrategic nuclear weapon reductions and extended deterrence 

policy. 

Sec. 1061. Improvements to Nuclear Weapons Council. 

Sec. 1062. Interagency Council on the Strategic Capability of the National 

Laboratories. 

Sec. 1063. Report on capability of conventional and nuclear forces against certain tunnel sites. 

Sec. 1064. Report on conventional and nuclear forces in the Western Pacific region. 

Sec. 1065. Sense of Congress on nuclear arsenal. 


smartinez on DSK6TPTVN1PROD with BILLS
16 

HR 4310 RFS

Sec. 1065A. Budget requirements associated with sustaining and modernizing 

the nuclear deterrent. 

Sec. 1065B. Prohibition on unilateral reduction of nuclear weapons of the 

United States. 

Sec. 1065C. Limitation on availability of funds for retirement of strategic delivery systems. 

Subtitle F—Studies and Reports 

Sec. 1066. Assessment of Department of Defense use of electromagnetic spectrum. 

Sec. 1067. Electronic Warfare Strategy of the Department of Defense. 

Sec. 1068. Report on counterproliferation capabilities and limitations. 

Sec. 1069. Report on communications from Congress on status of military construction projects. 

Sec. 1070. Federal mortuary affairs advisory commission. 

Sec. 1070A. Report on manufacturing industry. 

Sec. 1070B. Report on long-term costs of Operation New Dawn, Operation Enduring Freedom, and other contingency operations. 

Subtitle G—Miscellaneous Authorities and Limitations 

Sec. 1071. Rule of construction relating to prohibition on infringing on the individual right to lawfully acquire, possess, own, carry, and otherwise use privately owned firearms, ammunition, and other 

weapons. 

Sec. 1072. Expansion of authority of the Secretary of the Army to loan or donate excess small arms for funeral and other ceremonial purposes. 

Sec. 1073. Prohibition on the use of funds for manufacturing beyond low-rate 

initial production at certain prototype integration facilities. 

Sec. 1074. Interagency collaboration on unmanned aircraft systems. 

Sec. 1075. Authority to transfer surplus Mine-Resistant Ambush-Protected vehicles and spare parts. 

Sec. 1076. Limitation on availability of funds for retirement of aircraft. 

Sec. 1077. Prohibition on Department of Defense use of nondisclosure agreements to prevent members of the Armed Forces and civilian 

employees of the Department from communicating with Members of Congress. 

Sec. 1078. Authority for Corps of Engineers to construct projects critical to 

navigation safety. 

Sec. 1079. Review of Air National Guard Component Numbered Air Force 

Augmentation Force. 

Subtitle H—Other Matters 

Sec. 1081. Bipartisan independent strategic review panel. 

Sec. 1082. Notification of delayed reports. 

Sec. 1083. Technical and clerical amendments. 

Sec. 1084. Prohibition on use of information against a United States citizen 

gathered by unmanned aerial vehicle without a warrant. 

Sec. 1085. The House of Representatives Honors. 

Sec. 1086. Cost of wars. 

Sec. 1087. Increase in authorized number of weapons of mass destruction civil 

support teams. 

Sec. 1088. Trial of foreign terrorists. 


smartinez on DSK6TPTVN1PROD with BILLS
17 

HR 4310 RFS

Sec. 1089. Rialto-Colton basin, California, water resources study. 

Sec. 1090. Report on designation of Boko Haram as a foreign terrorist organization. 

Sec. 1091. Sense of Congress on recognizing Air Mobility Command on its 20th 

anniversary. 

Sec. 1092. Consolidation of data centers. 

Sec. 1093. Sense of Congress Regarding Preservation of Second Amendment 

Rights of Active Duty Military Personnel Stationed or Residing 

in the District of Columbia. 

Sec. 1094. Conditional replacement for FY 2013 sequester. 

Sec. 1095. Report on defense forensic data. 

Sec. 1096. Display of State, District of Columbia, and territorial flags by 

Armed Forces. 

Sec. 1097. Dissemination abroad of information about the United States. 

Sec. 1098. Improving organization for computer network operations. 

Sec. 1099. Improving United States Foreign Police Assistance Activities. 

Sec. 1099A. Sense of Congress Regarding United States Northern Command 

preparedness. 

Sec. 1099B. Limitation on military musical units. 

Sec. 1099C. Requirement for Attorney General to investigate possible violations 

of Federal law related to leaks of sensitive information involving the military, intelligence, and operational capabilities of the 

United States and Israel. 

TITLE XI—CIVILIAN PERSONNEL MATTERS 

Subtitle A—General Provisions 

Sec. 1101. Expansion of personnel management authority under experimental 

program with respect to certain scientific and technical positions. 

Sec. 1102. Authority to pay for the transport of family household pets for Federal employees during certain evacuation operations. 

Sec. 1103. Extension of authority to fill shortage category positions for certain 

Federal acquisition positions for civilian agencies. 

Sec. 1104. One-year extension of authority to waive annual limitation on premium pay and aggregate limitation on pay for Federal civilian 

employees working overseas. 

Sec. 1105. Policy on senior mentors. 

Subtitle B—Interagency Personnel Rotations 

Sec. 1111. Interagency personnel rotations. 

TITLE XII—MATTERS RELATING TO FOREIGN NATIONS 

Subtitle A—Assistance and Training 

Sec. 1201. Commanders’ Emergency Response Program in Afghanistan. 

Sec. 1202. Modification of authorities relating to program to build the capacity 

of foreign military forces. 

Sec. 1203. Three-year extension of authority for non-reciprocal exchanges of 

defense personnel between the United States and foreign countries. 

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


smartinez on DSK6TPTVN1PROD with BILLS
18 

HR 4310 RFS

Sec. 1211. One-year extension of authority for reimbursement of certain coalition nations for support provided to United States military operations. 

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

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

Sec. 1214. Prohibition on use of private security contractors and members of 

the Afghan Public Protection Force to provide security for 

members of the Armed Forces and military installations and 

facilities in Afghanistan. 

Sec. 1215. Report on updates and modifications to campaign plan for Afghanistan. 

Sec. 1216. United States military support in Afghanistan. 

Sec. 1217. Extension and modification of Pakistan Counterinsurgency Fund. 

Sec. 1218. Modification of report on progress toward security and stability in 

Afghanistan. 

Sec. 1219. Limitation on use of funds under the Pakistan Counterinsurgency 

Fund. 

Subtitle C—Matters Relating to Iran 

Sec. 1221. Declaration of policy. 

Sec. 1222. United States military preparedness in the Middle East. 

Sec. 1223. Annual report on military power of Iran. 

Sec. 1224. Enhancing the defense of Israel and United States interests in the 

Middle East. 

Sec. 1225. Plan to enhance military capabilities of Persian Gulf allies. 

Sec. 1226. Plan to increase strategic regional partnerships. 

Sec. 1227. Definitions. 

Sec. 1228. Rule of construction. 

Subtitle D—Reports and Other Matters 

Sec. 1231. Annual report on military and security developments involving the 

People’s Republic of China. 

Sec. 1232. Report on military and security developments involving the Democratic People’s Republic of Korea. 

Sec. 1233. Report on host nation support for overseas United States military 

installations and United States Armed Forces deployed in 

country. 

Sec. 1234. NATO Special Operations Headquarters. 

Sec. 1235. Reports on exports of missile defense technology to certain countries. 

Sec. 1236. Limitation on funds to provide the Russian Federation with access 

to missile defense technology. 

Sec. 1237. International agreements relating to missile defense. 

Sec. 1238. Limitation on assistance to provide tear gas or other riot control 

items. 

Sec. 1239. Requirement to submit to Congress a plan for a foreign infrastructure project using funds made available for overseas contingency operations. 

Sec. 1240. Sale of F–16 aircraft to Taiwan. 

Sec. 1240A. Limitation on funds for institutions or organizations established by 

the United Nations Convention on the Law of the Sea. 

Sec. 1240B. Removal of Brigade Combat Teams from Europe. 


smartinez on DSK6TPTVN1PROD with BILLS
19 

HR 4310 RFS

Sec. 1240C. Limitation on funds for United States participation in joint military exercises with Egypt. 

Subtitle E—Authority to Remove Satellites and Related Components and 

Technology From the United States Munitions List 

Sec. 1241. Authority to remove satellites and related components and technology from the United States Munitions List. 

Sec. 1242. Report on licenses and other authorizations to export commercial 

satellites and related components and technology contained on 

the Commerce Control List. 

Sec. 1243. Review of United States Munitions List. 

Sec. 1244. Report on country exemptions for licensing of exports of munitions 

and related technical data. 

Sec. 1245. End-use monitoring of munitions and related technical data. 

Sec. 1246. Interagency process for modification of Category XV of the United 

States Munitions List. 

Sec. 1247. Definitions. 

TITLE XIII—COOPERATIVE THREAT REDUCTION 

Sec. 1301. Specification of cooperative threat reduction programs and funds. 

Sec. 1302. Funding allocations. 

Sec. 1303. Limitation on availability of funds for cooperative threat reduction 

activities with Russian Federation. 

TITLE XIV—OTHER AUTHORIZATIONS 

Subtitle A—Military Programs 

Sec. 1401. Working capital funds. 

Sec. 1402. National Defense Sealift Fund. 

Sec. 1403. Chemical Agents and Munitions Destruction, Defense. 

Sec. 1404. Drug Interdiction and Counter-Drug Activities, Defense-wide. 

Sec. 1405. Defense Inspector General. 

Sec. 1406. Defense Health Program. 

Sec. 1407. Cemeterial expenses. 

Subtitle B—National Defense Stockpile 

Sec. 1411. Authorized uses of National Defense Stockpile funds. 

Sec. 1412. Additional security of strategic materials supply chains. 

Subtitle C—Other Matters 

Sec. 1421. Reduction of unobligated balances within the Pentagon Reservation 

Maintenance Revolving Fund. 

Sec. 1422. Authority for transfer of funds to Joint Department of Defense-Department of Veterans Affairs Medical Facility Demonstration 

Fund for Captain James A. Lovell Health Care Center, Illinois. 

Sec. 1423. Authorization of appropriations for Armed Forces Retirement 

Home. 

TITLE XV—AUTHORIZATION OF ADDITIONAL APPROPRIATIONS 

FOR OVERSEAS CONTINGENCY OPERATIONS 

Subtitle A—Authorization of Additional Appropriations 


smartinez on DSK6TPTVN1PROD with BILLS
20 

HR 4310 RFS

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. 

Sec. 1523. Limitation on use of funds in Overseas Contingency Operations 

Transfer Fund. 

Subtitle C—Limitations and Other Matters 

Sec. 1531. Joint Improvised Explosive Device Defeat Fund. 

Sec. 1532. One-year extension of project authority and related requirements of 

Task Force for Business and Stability Operations in Afghanistan. 

Sec. 1533. Limitations on availability of funds in Afghanistan Security Forces 

Fund. 

TITLE XVI—INDUSTRIAL BASE MATTERS 

Subtitle A—Defense Industrial Base Matters 

Sec. 1601. Disestablishment of Defense Materiel Readiness Board. 

Sec. 1602. Assessment of effects of foreign boycotts. 

Sec. 1603. Advancing Innovation Pilot Program. 

Sec. 1604. National security strategy for national technology and industrial 

base. 

Subtitle B—Department of Defense Activities Related to Small Business 

Matters 

Sec. 1611. Pilot program to assist in the growth and development of advanced 

small business concerns. 

Sec. 1612. Role of the Directors of Small Business Programs in requirements 

development and acquisition decision processes of the Department of Defense. 

Sec. 1613. Small Business Advocate for defense audit agencies. 

Sec. 1614. Independent assessment of Federal procurement contracting performance of the Department of Defense. 

Sec. 1615. Assessment of small business programs transition. 

Sec. 1616. Additional responsibilities of Inspector General of the Department 

of Defense. 

Sec. 1617. Restoration of 1 percent funding for administrative expenses of 

Commercialization Readiness Program of Department of Defense. 

Subtitle C—Matters Relating to Small Business Concerns 

PART I—PROCUREMENT CENTER REPRESENTATIVES


smartinez on DSK6TPTVN1PROD with BILLS
21 

HR 4310 RFS

Sec. 1621. Procurement center representatives. 

Sec. 1622. Small Business Act contracting requirements training. 

Sec. 1623. Acquisition planning. 

PART II—GOALS FOR PROCUREMENT CONTRACTS AWARDED TO SMALL

BUSINESS CONCERNS

Sec. 1631. Goals for procurement contracts awarded to small business concerns. 

Sec. 1632. Reporting on goals for procurement contracts awarded to small business concerns. 

Sec. 1633. Senior executives. 

PART III—MENTOR-PROTEGE PROGRAM

Sec. 1641. Mentor-Protege programs. 

Sec. 1642. Government Accountability Office Report. 

PART IV—TRANSPARENCY IN SUBCONTRACTING

SUBPART A—LIMITATIONS ON SUBCONTRACTING

Sec. 1651. Limitations on subcontracting. 

Sec. 1652. Penalties. 

Sec. 1653. Conforming amendments. 

Sec. 1654. Regulations. 

SUBPART B—SUBCONTRACTING PLANS

Sec. 1655. Subcontracting plans. 

Sec. 1656. Notices of subcontracting opportunities. 

Sec. 1657. Regulations. 

SUBPART C—PUBLICATION OF CERTAIN DOCUMENTS

Sec. 1658. Publication of certain documents. 

PART V—SMALL BUSINESS CONCERN SIZE STANDARDS

Sec. 1661. Small business concern size standards. 

PART VI—CONTRACT BUNDLING

Sec. 1671. Consolidation of provisions relating to contract bundling. 

Sec. 1672. Repeal of redundant provisions. 

Sec. 1673. Technical amendments. 

PART VII—INCREASED PENALTIES FOR FRAUD

Sec. 1681. Safe harbor for good faith compliance efforts. 

Sec. 1682. Office of Hearings and Appeals. 

Sec. 1683. Requirement fraudulent businesses be suspended or debarred. 

Sec. 1684. Annual report on suspensions and debarments proposed by Small 

Business Administration. 

PART VIII—OFFICES OF SMALL AND DISADVANTAGED BUSINESS UNITS

Sec. 1691. Offices of Small and Disadvantaged Business Utilization. 

Sec. 1692. Small Business Procurement Advisory Council. 


smartinez on DSK6TPTVN1PROD with BILLS
22 

HR 4310 RFS

PART IX—EARLY STAGE SMALL BUSINESS CONTRACTING

Sec. 1693a. Program to provide Federal contracts to early stage small businesses. 

PART X—OTHER MATTERS

Sec. 1695. Surety bonds. 

Sec. 1696. Assessment of outreach for small business concerns owned and controlled by women and minorities required before conversion of 

certain functions to contractor performance. 

Sec. 1697. Limitation on contracting. 

TITLE XVII—END TRAFFICKING IN GOVERNMENT CONTRACTING 

Sec. 1701. Short title. 

Sec. 1702. Definitions. 

Sec. 1703. Contracting requirements. 

Sec. 1704. Compliance plan and certification requirement. 

Sec. 1705. Monitoring and investigation of trafficking in persons. 

Sec. 1706. Notification to inspectors general and cooperation with government. 

Sec. 1707. Expansion of fraud in foreign labor contracting to include work outside the United States. 

Sec. 1708. Improving Department of Defense accountability for reporting trafficking in persons claims and violations. 

Sec. 1709. Rule of construction. 

DIVISION B—MILITARY CONSTRUCTION AUTHORIZATIONS 

Sec. 2001. Short title. 

Sec. 2002. Expiration of authorizations and amounts required to be specified 

by law. 

Sec. 2003. Effective date. 

TITLE XXI—ARMY MILITARY CONSTRUCTION 

Sec. 2101. Authorized Army construction and land acquisition projects. 

Sec. 2102. Family housing. 

Sec. 2103. Authorization of appropriations, Army. 

Sec. 2104. Modification of authority to carry out certain fiscal year 2010 

project. 

Sec. 2105. Extension of authorizations of certain fiscal year 2009 projects. 

Sec. 2106. Extension of authorizations of certain fiscal year 2010 projects. 

Sec. 2107. Extension of limitation on obligation or expenditure of funds for 

tour normalization. 

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. 

TITLE XXIII—AIR FORCE MILITARY CONSTRUCTION 


smartinez on DSK6TPTVN1PROD with BILLS
23 

HR 4310 RFS

Sec. 2301. Authorized Air Force construction and land acquisition projects. 

Sec. 2302. Family housing. 

Sec. 2303. Improvements to military family housing units. 

Sec. 2304. Authorization of appropriations, Air Force. 

Sec. 2305. Extension of authorizations of certain fiscal year 2010 projects. 

TITLE XXIV—DEFENSE AGENCIES MILITARY CONSTRUCTION 

Subtitle A—Defense Agency Authorizations 

Sec. 2401. Authorized Defense Agencies construction and land acquisition 

projects. 

Sec. 2402. Authorized energy conservation projects. 

Sec. 2403. Authorization of appropriations, Defense Agencies. 

Sec. 2404. Modification of authority to carry out certain fiscal year 2012 

projects. 

Sec. 2405. Extension of authorization of certain fiscal year 2010 project. 

Subtitle B—Chemical Demilitarization Authorizations 

Sec. 2411. Authorization of appropriations, chemical demilitarization construction, defense-wide. 

Sec. 2412. Modification of authority to carry out certain fiscal year 1997 

project. 

TITLE XXV—NORTH ATLANTIC TREATY ORGANIZATION 

SECURITY INVESTMENT PROGRAM 

Sec. 2501. Authorized NATO construction and land acquisition projects. 

Sec. 2502. Authorization of appropriations, NATO. 

TITLE XXVI—GUARD AND RESERVE FORCES FACILITIES 

Subtitle A—Project Authorizations and Authorization of Appropriations 

Sec. 2601. Authorized Army National Guard construction and land acquisition 

projects. 

Sec. 2602. Authorized Army Reserve construction and land acquisition projects. 

Sec. 2603. Authorized Navy Reserve and Marine Corps Reserve construction 

and land acquisition projects. 

Sec. 2604. Authorized Air National Guard construction and land acquisition 

projects. 

Sec. 2605. Authorized Air Force Reserve construction and land acquisition 

projects. 

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

Subtitle B—Other Matters 

Sec. 2611. Modification of authority to carry out certain fiscal year 2010 

projects. 

Sec. 2612. Modification of authority to carry out certain fiscal year 2011 

projects. 

Sec. 2613. Extension of authorization of certain fiscal year 2009 project. 

Sec. 2614. Extension of authorization of certain fiscal year 2010 projects. 

TITLE XXVII—BASE REALIGNMENT AND CLOSURE ACTIVITIES 

Subtitle A—Authorization of Appropriations 


smartinez on DSK6TPTVN1PROD with BILLS
24 

HR 4310 RFS

Sec. 2701. Authorization of appropriations for base realignment and closure activities funded through Department of Defense Base Closure 

Account 1990. 

Sec. 2702. Authorization of appropriations for base realignment and closure activities funded through Department of Defense Base Closure 

Account 2005. 

Subtitle B—Other Matters 

Sec. 2711. Consolidation of Department of Defense base closure accounts and 

authorized uses of base closure account funds. 

Sec. 2712. Air Armament Center, Eglin Air Force Base. 

Sec. 2713. Prohibition on conducting additional Base Realignment and Closure 

(BRAC) round. 

Sec. 2714. Consideration of United States military bases located overseas in 

criteria used to consider and recommend military installations 

for closure or realignment. 

TITLE XXVIII—MILITARY CONSTRUCTION GENERAL PROVISIONS 

Subtitle A—Military Construction Program and Military Family Housing 

Changes 

Sec. 2801. Preparation of military installation master plans. 

Sec. 2802. Sustainment oversight and accountability for military housing privatization projects and related annual reporting requirements. 

Sec. 2803. One-year extension of authority to use operation and maintenance 

funds for construction projects outside the United States. 

Sec. 2804. Treatment of certain defense nuclear facility construction projects 

as military construction projects. 

Sec. 2805. Execution of Chemistry and Metallurgy Research Building Replacement nuclear facility and limitation on alternative plutonium 

strategy. 

Sec. 2806. Use of project labor agreements in military construction projects 

and military family housing projects. 

Subtitle B—Real Property and Facilities Administration 

Sec. 2811. Authority of military museums to accept gifts and services and to 

enter into leases and cooperative agreements. 

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

Sec. 2813. Indemnification of transferees of property at any closed military installation. 

Sec. 2814. Identification requirement for entry on military installations. 

Sec. 2815. Plan to protect critical Department of Defense critical assets from 

electromagnetic pulse weapons. 

Subtitle C—Energy Security 

Sec. 2821. Congressional notification for contracts for the provision and operation of energy production facilities authorized to be located on 

real property under the jurisdiction of a military department. 


smartinez on DSK6TPTVN1PROD with BILLS
25 

HR 4310 RFS

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

and Environmental Design (LEED) gold or platinum certification and expansion to include implementation of ASHRAE 

building standard 189.1. 

Sec. 2823. Availability and use of Department of Defense energy cost savings 

to promote energy security. 

Sec. 2824. Definition of renewable energy source for Department of Defense 

energy security. 

Subtitle D—Provisions Related to Guam Realignment 

Sec. 2831. Use of operation and maintenance funding to support community 

adjustments related to realignment of military installations and 

relocation of military personnel on Guam. 

Sec. 2832. Certification of military readiness need for firing range on Guam as 

condition on establishment of range. 

Sec. 2833. Repeal of conditions on use of funds for Guam realignment. 

Subtitle E—Land Conveyances 

Sec. 2841. Modification to authorized land conveyance and exchange, Joint 

Base Elmendorf Richardson, Alaska. 

Sec. 2842. Modification of financing authority, Broadway Complex of the Department of the Navy, San Diego, California. 

Sec. 2843. Land conveyance, John Kunkel Army Reserve Center, Warren, 

Ohio. 

Sec. 2844. Land conveyance, Castner Range, Fort Bliss, Texas. 

Sec. 2845. Modification of land conveyance, Fort Hood, Texas. 

Sec. 2846. Transfer of administrative jurisdiction, Fort Lee Military Reservation and Petersburg National Battlefield, Virginia. 

Subtitle F—Other Matters 

Sec. 2861. Inclusion of religious symbols as part of military memorials. 

Sec. 2862. Redesignation of the Center for Hemispheric Defense Studies as the 

William J. Perry Center for Hemispheric Defense Studies. 

Sec. 2863. Sense of Congress regarding establishment of military divers memorial at Washington Navy Yard. 

Sec. 2864. Gold Star Mothers National Monument, Arlington National Cemetery. 

Sec. 2865. Naming of training and support complex, Fort Bragg, North Carolina. 

Sec. 2866. Naming of electrochemistry engineering facility, Naval Support Activity Crane, Crane, Indiana. 

Sec. 2867. Retention of core functions of the Electronic Systems Center at 

Hanscom Air Force Base, Massachusetts. 

Sec. 2868. Retention of core functions of the Air Force Materiel Command, 

Wright-Patterson Air Force Base, Ohio. 

Sec. 2869. Massachusetts Institute of Technology—Lincoln Laboratory improvement project. 

Sec. 2870. Limitation on availability of funds pending report regarding acquisition of land and development of a training range facility adjacent to the Marine Corps Ground Air Combat Center Twenty 

Nine Palms, California. 

Sec. 2871. Retention of core functions of the Air Traffic Control Station, 

Johnstown Air National Guard Base, Pennsylvania. 


smartinez on DSK6TPTVN1PROD with BILLS
26 

HR 4310 RFS

Sec. 2872. Modification of notice requirements in advance of permanent reduction of sizable numbers of members of the Armed Forces at 

military installations. 

TITLE XXIX—OVERSEAS CONTINGENCY OPERATIONS MILITARY 

CONSTRUCTION 

Sec. 2901. Authorized Navy construction and land acquisition projects. 

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. 

Sec. 3104. Energy security and assurance. 

Subtitle B—Program Authorizations, Restrictions, and Limitations 

Sec. 3111. Authorized personnel levels of the Office of the Administrator. 

Sec. 3112. Budget justification materials. 

Sec. 3113. Contractor governance, oversight, and accountability. 

Sec. 3114. National Nuclear Security Administration Council. 

Sec. 3115. Safety, health, and security of the National Nuclear Security Administration. 

Sec. 3116. Design and use of prototypes of nuclear weapons. 

Sec. 3117. Improvement and streamlining of the missions and operations of the 

Department of Energy and National Nuclear Security Administration. 

Sec. 3118. Cost-benefit analyses for competition of management and operating 

contracts. 

Sec. 3119. Limitation on availability of funds for Inertial Confinement Fusion 

Ignition and High Yield Campaign. 

Sec. 3120. Limitation on availability of funds for Global Security through 

Science Partnerships Program. 

Sec. 3121. Limitation on availability of funds for Center of Excellence on Nuclear Security. 

Sec. 3122. Two-year extension of schedule for disposition of weapons-usable 

plutonium at Savannah River Site, Aiken, South Carolina. 

Sec. 3123. Limitation on availability of funds for nuclear nonproliferation activities with Russian Federation. 

Subtitle C—Improvements to National Security Energy Laws 

Sec. 3131. Improvements to the Atomic Energy Defense Act. 

Sec. 3132. Improvements to the National Nuclear Security Administration Act. 

Sec. 3133. Clarification of the role of the Administrator for Nuclear Security. 

Sec. 3134. Consolidated reporting requirements relating to nuclear stockpile 

stewardship, management, and infrastructure. 

Sec. 3135. Repeal of certain reporting requirements. 

Subtitle D—Reports 


smartinez on DSK6TPTVN1PROD with BILLS
27 

HR 4310 RFS

Sec. 3141. Notification of nuclear criticality and non-nuclear incidents. 

Sec. 3142. Reports on lifetime extension programs. 

Sec. 3143. National Academy of Sciences study on peer review and design competition related to nuclear weapons. 

Sec. 3144. Report on defense nuclear nonproliferation programs. 

Sec. 3145. Study on reuse of plutonium pits. 

Sec. 3146. Study on a multi-agency governance model for national security laboratories. 

Subtitle E—Other Matters 

Sec. 3151. Use of probabilistic risk assessment to ensure nuclear safety. 

Sec. 3152. Advice to President and Congress regarding safety, security, and reliability of United States nuclear weapons stockpile and nuclear 

forces. 

Sec. 3153. Classification of certain restricted data. 

Sec. 3154. Independent cost assessments for life extension programs, new nuclear facilities, and other matters. 

Sec. 3155. Assessment of nuclear weapon pit production requirement. 

Sec. 3156. Intellectual property related to uranium enrichment. 

Sec. 3157. Sense of Congress on competition and fees related to the management and operating contracts of the nuclear security enterprise. 

Sec. 3158. Pilot program on technology commercialization. 

TITLE XXXII—DEFENSE NUCLEAR FACILITIES SAFETY BOARD 

Sec. 3201. Authorization. 

Sec. 3202. Improvements to the Defense Nuclear Facilities Safety Board. 

TITLE XXXIV—NAVAL PETROLEUM RESERVES 

Sec. 3401. Authorization of appropriations. 

TITLE XXXV—MARITIME ADMINISTRATION 

Sec. 3501. Authorization of appropriations for national security aspects of the 

merchant marine for fiscal year 2013. 

Sec. 3502. Application of the Federal acquisition regulation. 

Sec. 3503. Limitation of National Defense Reserve Fleet vessels to those over 

1,500 gross tons. 

Sec. 3504. Donation of excess fuel to maritime academies. 

Sec. 3505. Clarification of heading. 

Sec. 3506. Transfer of vessels to the National Defense Reserve Fleet. 

Sec. 3507. Amendments relating to the National Defense Reserve Fleet. 

Sec. 3508. Extension of Maritime Security Fleet program. 

Sec. 3509. Identification of actions to enable qualified United States flag capacity to meet national defense requirements. 

Sec. 3510. Department of Defense national strategic ports study and Comptroller General studies and reports on strategic ports. 

DIVISION D—FUNDING TABLES 

Sec. 4001. Authorization of amounts in funding tables. 

TITLE XLI—PROCUREMENT 

Sec. 4101. PROCUREMENT. 


smartinez on DSK6TPTVN1PROD with BILLS
28 

HR 4310 RFS

Sec. 4102. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS. 

TITLE XLII—RESEARCH, DEVELOPMENT, TEST, AND 

EVALUATION 

Sec. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION. 

Sec. 4202. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

FOR OVERSEAS CONTINGENCY OPERATIONS. 

TITLE XLIII—OPERATION AND MAINTENANCE 

Sec. 4301. OPERATION AND MAINTENANCE. 

Sec. 4302. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS. 

TITLE XLIV—MILITARY PERSONNEL 

Sec. 4401. MILITARY PERSONNEL. 

Sec. 4402. MILITARY PERSONNEL FOR OVERSEAS CONTINGENCY 

OPERATIONS. 

TITLE XLV—OTHER AUTHORIZATIONS 

Sec. 4501. OTHER AUTHORIZATIONS. 

Sec. 4502. OTHER AUTHORIZATIONS FOR OVERSEAS CONTINGENCY 

OPERATIONS. 

TITLE XLVI—MILITARY CONSTRUCTION 

Sec. 4601. MILITARY CONSTRUCTION. 

Sec. 4602. OVERSEAS CONTINGENCY OPERATIONS. 

TITLE XLVII—DEPARTMENT OF ENERGY NATIONAL SECURITY 

PROGRAMS 

Sec. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS. 

1 SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES. 

2 In this Act, the term ‘‘congressional defense commit3 tees’’ has the meaning given that term in section 

4 101(a)(16) of title 10, United States Code. 


smartinez on DSK6TPTVN1PROD with BILLS
29 

HR 4310 RFS

1 DIVISION A—DEPARTMENT OF 

2 DEFENSE AUTHORIZATIONS 

3 TITLE I—PROCUREMENT 

4 Subtitle A—Authorization of 

5 Appropriations 

6 SEC. 101. AUTHORIZATION OF APPROPRIATIONS. 

7 Funds are hereby authorized to be appropriated for 

8 fiscal year 2013 for procurement for the Army, the Navy 

9 and the Marine Corps, the Air Force, and Defense-wide 

10 activities, as specified in the funding table in section 4101. 

11 Subtitle B—Army Programs 

12 SEC. 111. MULTIYEAR PROCUREMENT AUTHORITY FOR 

13 ARMY CH–47 HELICOPTERS. 

14 (a) AUTHORITY FOR MULTIYEAR PROCUREMENT.— 

15 In accordance with section 2306b of title 10, United 

16 States Code, the Secretary of the Army may enter into 

17 a multiyear contract, beginning with the fiscal year 2013 

18 program year, for the procurement of airframes for CH– 

19 47F helicopters. 

20 (b) CONDITION FOR OUT-YEAR CONTRACT PAY21 MENTS.—A contract entered into under subsection (a) 

22 shall provide that any obligation of the United States to 

23 make a payment under the contract for a fiscal year after 

24 fiscal year 2013 is subject to the availability of appropria25 tions for that purpose for such later fiscal year. 


smartinez on DSK6TPTVN1PROD with BILLS
30 

HR 4310 RFS

1 SEC. 112. REPORTS ON AIRLIFT REQUIREMENTS OF THE 

2 ARMY. 

3 (a) REPORTS.—Not later than October 31, 2012, and 

4 each year thereafter through 2017, the Secretary of the 

5 Army shall submit to the congressional defense commit6 tees a report on the time-sensitive or mission-critical airlift 

7 requirements of the Army. 

8 (b) MATTERS INCLUDED.—The reports under sub9 section (a) shall include, with respect to the fiscal year 

10 before the fiscal year in which the report is submitted, 

11 the following information: 

12 (1) The total number of time-sensitive or mis13 sion-critical airlift movements required for training, 

14 steady-state, and contingency operations. 

15 (2) The total number of time-sensitive or mis16 sion-critical airlift sorties executed for training, 

17 steady-state, and contingency operations. 

18 (3) Of the total number of sorties listed under 

19 paragraph (2), the number of such sorties that were 

20 operated using each of— 

21 (A) aircraft of the Army; 

22 (B) aircraft of the Air Force; and 

23 (C) aircraft of contractors. 

24 (4) For each sortie described under subpara25 graph (A) or (C) of paragraph (3), an explanation 


smartinez on DSK6TPTVN1PROD with BILLS
31 

HR 4310 RFS

1 for why the Secretary did not use aircraft of the Air 

2 Force to support the mission. 

3 Subtitle C—Navy Programs 

4 SEC. 121. RETIREMENT OF NUCLEAR-POWERED BALLISTIC 

5 SUBMARINES. 

6 Section 5062 of title 10, United States Code, is 

7 amended by adding at the end the following new sub8 section: 

9 ‘‘(e)(1) Beginning October 1, 2012, the Secretary of 

10 the Navy may not retire or decommission a nuclear-pow11 ered ballistic missile submarine if such retirement or de12 commissioning would result in the active or commissioned 

13 fleet of such submarines consisting of less than 12 sub14 marines. 

15 ‘‘(2) The limitation in paragraph (1) shall not apply 

16 to a nuclear-powered ballistic submarine that has been 

17 converted to carry exclusively non-nuclear payloads as of 

18 October 1, 2012.’’. 

19 SEC. 122. EXTENSION OF FORD-CLASS AIRCRAFT CARRIER 

20 CONSTRUCTION AUTHORITY. 

21 Section 121(a) of the John Warner National Defense 

22 Authorization Act for Fiscal Year 2007 (Public Law 109– 

23 364; 120 Stat. 2104), as amended by section 124 of the 

24 National Defense Authorization Act for Fiscal Year 2012 

25 (Public Law 112–81; 125 Stat. 1320), is amended by 


smartinez on DSK6TPTVN1PROD with BILLS
32 

HR 4310 RFS

1 striking ‘‘four fiscal years’’ and inserting ‘‘five fiscal 

2 years’’. 

3 SEC. 123. EXTENSION OF MULTIYEAR PROCUREMENT AU4 THORITY FOR F/A–18E, F/A–18F, AND EA–18G 

5 AIRCRAFT. 

6 Section 128 of the National Defense Authorization 

7 Act for Fiscal Year 2010 (Public Law 111–84; 123 Stat. 

8 2217), as amended by Public Law 111–238 (124 Stat. 

9 2500), is amended by adding at the end the following new 

10 subsection: 

11 ‘‘(f) EXTENSION OF MULTIYEAR AUTHORITY.—Not12 withstanding section 2306b of title 10, United States 

13 Code, the Secretary of the Navy may modify a multiyear 

14 contract entered into under subsection (a) to add a fifth 

15 production year to such contract.’’. 

16 SEC. 124. MULTIYEAR PROCUREMENT AUTHORITY FOR V–22 

17 JOINT AIRCRAFT PROGRAM. 

18 (a) AUTHORITY FOR MULTIYEAR PROCUREMENT.— 

19 In accordance with section 2306b of title 10, United 

20 States Code, the Secretary of the Navy may enter into 

21 a multiyear contract, beginning with the fiscal year 2013 

22 program year, for the procurement of V–22 aircraft for 

23 the Department of the Navy, the Department of the Air 

24 Force, and the United States Special Operations Com25 mand. 


smartinez on DSK6TPTVN1PROD with BILLS
33 

HR 4310 RFS

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

3 shall provide that any obligation of the United States to 

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

5 fiscal year 2013 is subject to the availability of appropria6 tions for that purpose for such later fiscal year. 

7 SEC. 125. MULTIYEAR PROCUREMENT AUTHORITY FOR 

8 ARLEIGH BURKE-CLASS DESTROYERS AND 

9 ASSOCIATED SYSTEMS. 

10 (a) AUTHORITY FOR MULTIYEAR PROCUREMENT.— 

11 In accordance with section 2306b of title 10, United 

12 States Code, the Secretary of the Navy may enter into 

13 a multiyear contract, beginning with the fiscal year 2013 

14 program year, for the procurement of not more than 10 

15 Arleigh Burke-class guided missile destroyers, including 

16 the Aegis weapon systems, MK 41 vertical launching sys17 tems, and commercial broadband satellite systems associ18 ated with such vessels. 

19 (b) AUTHORITY FOR ADVANCE PROCUREMENT.—The 

20 Secretary of the Navy may enter into a contract, begin21 ning in fiscal year 2013, for advance procurement associ22 ated with the vessels and systems for which authorization 

23 to enter into a multiyear procurement contract is provided 

24 under subsection (a). 


smartinez on DSK6TPTVN1PROD with BILLS
34 

HR 4310 RFS

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

3 shall provide that any obligation of the United States to 

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

5 fiscal year 2013 is subject to the availability of appropria6 tions or funds for that purpose for such later fiscal year. 

7 SEC. 126. MULTIYEAR PROCUREMENT AUTHORITY FOR VIR8 GINIA-CLASS SUBMARINE PROGRAM. 

9 (a) AUTHORITY FOR MULTIYEAR PROCUREMENT.— 

10 (1) IN GENERAL.—In accordance with section 

11 2306b of title 10, United States Code, the Secretary 

12 of the Navy may enter into a multiyear contract, be13 ginning with the fiscal year 2014 program year, for 

14 the procurement of not more than 10 Virginia-class 

15 submarines and Government-furnished equipment 

16 associated with the Virginia-class submarine pro17 gram. 

18 (2) USE OF INCREMENTAL FUNDING.—The 

19 Secretary may use incremental funding with respect 

20 to a contract entered into under paragraph (1). 

21 (b) AUTHORITY FOR ADVANCE PROCUREMENT.—The 

22 Secretary of the Navy may enter into a contract, begin23 ning in fiscal year 2013, for advance procurement associ24 ated with the vessels and systems for which authorization 


smartinez on DSK6TPTVN1PROD with BILLS
35 

HR 4310 RFS

1 to enter into a multiyear procurement contract is provided 

2 under subsection (a)(1). 

3 (c) CONDITION FOR OUT-YEAR CONTRACT PAY4 MENTS.—A contract entered into under subsection (a)(1) 

5 shall provide that any obligation of the United States to 

6 make a payment under the contract for a fiscal year after 

7 fiscal year 2014 is subject to the availability of appropria8 tions or funds for that purpose for such later fiscal year. 

9 SEC. 127. REFUELING AND COMPLEX OVERHAUL OF THE 

10 U.S.S. ABRAHAM LINCOLN. 

11 (a) REFUELING AND COMPLEX OVERHAUL.—Of the 

12 funds authorized to be appropriated or otherwise made 

13 available for fiscal year 2013 for shipbuilding and conver14 sion, Navy, not more than $1,613,392,000 may be obli15 gated or expended for the commencement of the nuclear 

16 refueling and complex overhaul of the U.S.S. Abraham 

17 Lincoln (CVN–72) during such fiscal year. Such amount 

18 shall be the first increment in the two-year sequence of 

19 incremental funding planned for such nuclear refueling 

20 and complex overhaul. 

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

22 Navy may enter into a contract during fiscal year 2013 

23 for the nuclear refueling and complex overhaul of the 

24 U.S.S. Abraham Lincoln. 


smartinez on DSK6TPTVN1PROD with BILLS
36 

HR 4310 RFS

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

3 shall provide that any obligation of the United States to 

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

5 fiscal year 2013 is subject to the availability of appropria6 tions for that purpose for that later fiscal year. 

7 SEC. 128. REPORT ON LITTORAL COMBAT SHIP DESIGNS. 

8 Not later than December 31, 2013, the Secretary of 

9 the Navy shall submit to the congressional defense com10 mittees a report on the designs of the Littoral Combat 

11 Ship, including comparative cost and performance infor12 mation for both designs of such ship. 

13 SEC. 129. COMPTROLLER GENERAL REVIEWS OF LITTORAL 

14 COMBAT SHIP PROGRAM. 

15 (a) ACCEPTANCE OF LCS.— 

16 (1) IN GENERAL.—The Comptroller General of 

17 the United States shall conduct a review of the com18 pliance of the Secretary of the Navy with part 246 

19 of title 48 of the Code of Federal Regulations and 

20 subpart 46.5 of the Federal Acquisition Regulation 

21 in accepting the LCS. 

22 (2) MATTERS INCLUDED.—The review under 

23 paragraph (1) shall include a discussion of the 

24 knowledge of, and determinations by, the LCS proVerDate Mar 15 2010 01:00 Jun 20, 2012 Jkt 019200 PO 00000 Frm 00036 Fmt 6652 Sfmt 6201 E:\BILLS\H4310.RFS H4310

smartinez on DSK6TPTVN1PROD with BILLS
37 

HR 4310 RFS

1 gram office and contractors with respect to the fol2 lowing: 

3 (A) Potential for cracks in the LCS hull 

4 and deckhouse and any corresponding potential 

5 design risks. 

6 (B) Chargeable equipment failures. 

7 (C) Potential for engine failures or break8 downs. 

9 (D) Meeting key performance parameters, 

10 including speed. 

11 (E) Review of the quality of seals and 

12 welds. 

13 (F) Review of water jet corrosion. 

14 (G) Completeness of records to support ac15 ceptance of the LCS. 

16 (H) How the LCS risk and problems com17 pare to lead ships in comparable programs. 

18 (I) Security of the ship and systems, in19 cluding any known lapses. 

20 (J) Manning analysis, including how it 

21 would affect key performance parameters. 

22 (K) Strategies for balancing cost, schedule, 

23 and performance trade-offs as required by sec24 tion 201 of the Weapon Systems Acquisition 


smartinez on DSK6TPTVN1PROD with BILLS
38 

HR 4310 RFS

1 Reform Act of 2009 (Public Law 111–23; 123 

2 Stat. 1719). 

3 (b) OPERATIONAL SUPPORT.—Not later than 180 

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

5 Comptroller General shall submit to the congressional de6 fense committees a report on the operational support and 

7 sustainment strategy for the Littoral Combat Ship pro8 gram, including modernization and logistics support. 

9 (c) COOPERATION.—For purposes of conducting the 

10 review under subsection (a)(1) and (b), the Secretary of 

11 Defense shall ensure that the Comptroller General has ac12 cess to— 

13 (1) all relevant records of the Department; and 

14 (2) all relevant communications between De15 partment officials, whether such communications oc16 curred inside or outside the Federal Government. 

17 SEC. 130. SENSE OF CONGRESS ON IMPORTANCE OF ENGI18 NEERING IN EARLY STAGES OF SHIP19 BUILDING. 

20 It is the sense of Congress that— 

21 (1) placing a priority on engineering dollars in 

22 the early stages of shipbuilding programs is a vital 

23 component of keeping cost down; and 

24 (2) therefore, the Secretary of the Navy should 

25 take appropriate steps to prioritize early engineering 


smartinez on DSK6TPTVN1PROD with BILLS
39 

HR 4310 RFS

1 in large ship construction including amphibious class 

2 ships beginning with the LHA–8. 

3 SEC. 131. SENSE OF CONGRESS ON MARINE CORPS AMPHIB4 IOUS LIFT AND PRESENCE REQUIREMENTS. 

5 (a) IN GENERAL.—It is the sense of Congress that— 

6 (1) the United States Marine Corps is a combat 

7 force which leverages maneuver from the sea as a 

8 force multiplier allowing for a variety of operational 

9 tasks ranging from major combat operations to hu10 manitarian assistance; 

11 (2) the United States Marine Corps is unique 

12 in that, while embarked upon Naval vessels, they 

13 bring all the logistic support necessary for the full 

14 range of military operations, operating ‘‘from the 

15 sea’’ they require no third party host nation permis16 sion to conduct military operations; 

17 (3) the Department of the Navy has a require18 ment for 38 amphibious assault ships to meet this 

19 full range of military operations; 

20 (4) for budgetary reasons only that requirement 

21 of 38 vessels was reduced to 33 vessels, which adds 

22 military risk to future operations; 

23 (5) the Department of the Navy has been un24 able to meet even the minimal requirement of 33 

25 operationally available vessels and has submitted a 


smartinez on DSK6TPTVN1PROD with BILLS
40 

HR 4310 RFS

1 shipbuilding and ship retirement plan to the Con2 gress which will reduce the force to 28 vessels; and 

3 (6) experience has shown that early engineering 

4 and design of naval vessels has significantly reduced 

5 the acquisition costs and life-cycle costs of those ves6 sels. 

7 (b) NEXT GENERATION OF AMPHIBIOUS SHIPS.—In 

8 light of subsection (a), it is the sense of Congress that— 

9 (1) the Navy should consider prioritization of 

10 investment in and procurement of the next genera11 tion of amphibious assault ships; 

12 (2) the next generation amphibious assault 

13 ships should maintain survivability protection level 

14 II in accordance with current Navy ship require15 ments; 

16 (3) commonality in hull form design could be a 

17 desirable element to reduce acquisition and life cycle 

18 cost; and 

19 (4) maintaining a robust amphibious ship20 building industrial base is vital for future national 

21 security. 


smartinez on DSK6TPTVN1PROD with BILLS
41 

HR 4310 RFS

1 Subtitle D—Air Force Programs 

2 SEC. 141. RETIREMENT OF B–1 BOMBER AIRCRAFT. 

3 (a) IN GENERAL.—Section 8062 of title 10, United 

4 States Code, is amended by adding at the end the fol5 lowing new subsection: 

6 ‘‘(h)(1) Beginning October 1, 2011, the Secretary of 

7 the Air Force may not retire more than six B–1 aircraft. 

8 ‘‘(2) The Secretary shall maintain in a common capa9 bility configuration not less than 36 B–1 aircraft as com10 bat-coded aircraft. 

11 ‘‘(3) In this subsection, the term ‘combat-coded air12 craft’ means aircraft assigned to meet the primary aircraft 

13 authorization to a unit for the performance of its wartime 

14 mission.’’. 

15 (b) CONFORMING AMENDMENT.—Section 132 of the 

16 National Defense Authorization Act for Fiscal Year 2012 

17 (Public Law 112–81; 125 Stat. 1320) is amended by strik18 ing subsection (c). 

19 SEC. 142. MAINTENANCE OF STRATEGIC AIRLIFT AIR20 CRAFT. 

21 (a) MODIFICATION TO LIMITATION ON RETIREMENT

22 OF C–5 AIRCRAFT.—Section 137(d)(3)(B) of the National 

23 Defense Authorization Act for Fiscal Year 2010 (Public 

24 Law 111–84; 123 Stat. 2222) is amended by striking 

25 ‘‘316’’ and inserting ‘‘301’’. 


smartinez on DSK6TPTVN1PROD with BILLS
42 

HR 4310 RFS

1 (b) REPORT.— 

2 (1) IN GENERAL.—Not later than February 1, 

3 2013, the Commander of the United States Trans4 portation Command shall submit to the congres5 sional defense committees a report assessing the 

6 operational risk of meeting the steady-state and 

7 warfighting requirements of the commanders of the 

8 geographical combatant commands with respect to 

9 the Secretary of the Air Force maintaining an inven10 tory of strategic airlift aircraft of less than 301 air11 craft. 

12 (2) MATTERS INCLUDED.—The report under 

13 paragraph (1) shall include a description and anal14 ysis of the assumptions made by the Commander 

15 with respect to— 

16 (A) aircraft usage rates; 

17 (B) aircraft mission availability rates; 

18 (C) aircraft mission capability rates; 

19 (D) aircrew ratios; 

20 (E) aircrew production; 

21 (F) aircrew readiness rates; and 

22 (G) any other assumption the Commander 

23 uses to develop such report. 


smartinez on DSK6TPTVN1PROD with BILLS
43 

HR 4310 RFS

1 (3) FORM.—The report required by paragraph 

2 (1) shall be submitted in unclassified form, but may 

3 include a classified annex. 

4 SEC. 143. LIMITATION ON AVAILABILITY OF FUNDS FOR DI5 VESTMENT OR RETIREMENT OF C–27J AIR6 CRAFT. 

7 (a) IN GENERAL.—After fiscal year 2013, none of the 

8 funds authorized to be appropriated by this Act or other9 wise made available for fiscal year 2013 for the Air Force 

10 may be used to divest, retire, or transfer, or prepare to 

11 divest, retire, or transfer, a C–27J aircraft until a period 

12 of 180 days has elapsed following the date on which— 

13 (1) the Director of the Congressional Budget 

14 Office submits to the congressional defense commit15 tees the analysis conducted under subsection (b)(1); 

16 and 

17 (2) the reports under subsections (d)(2) and 

18 (e)(2) of section 112 of the National Defense Au19 thorization Act for Fiscal Year 2012 (Public Law 

20 112–81; 125 Stat. 1318) are submitted to the con21 gressional defense committees. 

22 (b) LIFE-CYCLE COST ANALYSIS.— 

23 (1) CBO.—The Director of the Congressional 

24 Budget Office shall submit to the congressional de25 fense committees a 40-year life-cycle cost analysis of 


smartinez on DSK6TPTVN1PROD with BILLS
44 

HR 4310 RFS

1 C–27J aircraft, C–130H aircraft, and C–130J air2 craft. 

3 (2) MATTERS INCLUDED.—The life-cycle cost 

4 analysis conducted under paragraph (1) shall— 

5 (A) take into account all upgrades and 

6 modifications required to sustain the aircraft 

7 specified in paragraph (1) during a 40-year 

8 service-life; 

9 (B) assess the most cost-effective and mis10 sion-effective manner for which C–27J aircraft 

11 could be affordably fielded by the Air National 

12 Guard, including by determining— 

13 (i) the number of basing locations re14 quired; 

15 (ii) the number of authorized per16 sonnel associated with a unit’s manning 

17 document; and 

18 (iii) the maintenance and sustainment 

19 strategy required; and 

20 (C) outline any limiting factors regarding 

21 the analysis of C–27J aircraft with respect to 

22 cost assumptions used by the Director in such 

23 analysis and the actual costs incurred for air24 craft fielded by the Air Force as of the date of 

25 the analysis. 


smartinez on DSK6TPTVN1PROD with BILLS
45 

HR 4310 RFS

1 (3) COOPERATION.—The Secretary of Defense 

2 shall provide the Director with any information, in3 cluding original source documentation, the Director 

4 determines is required to promptly conduct the anal5 ysis under paragraph (1). 

6 SEC. 144. LIMITATION ON AVAILABILITY OF FUNDS FOR 

7 TERMINATION OF C–130 AVIONICS MOD8 ERNIZATION PROGRAM. 

9 (a) IN GENERAL.—None of the funds authorized to 

10 be appropriated by this Act or otherwise made available 

11 for fiscal year 2013 for the Air Force may be used to ter12 minate the C–130 avionics modernization program until 

13 a period of 180 days has elapsed after the date on which 

14 the Secretary of the Air Force submits to the congres15 sional defense committees the cost-benefit analysis con16 ducted under subsection (b)(1). 

17 (b) COST-BENEFIT ANALYSIS.— 

18 (1) FFRDC.—The Secretary shall seek to enter 

19 into an agreement with the Institute for Defense 

20 Analyses to conduct an independent cost-benefit 

21 analysis that compares the following alternatives: 

22 (A) Upgrading and modernizing the legacy 

23 C–130 airlift fleet using the C–130 avionics 

24 modernization program. 


smartinez on DSK6TPTVN1PROD with BILLS
46 

HR 4310 RFS

1 (B) Upgrading and modernizing the legacy 

2 C–130 airlift fleet using a reduced scope pro3 gram for avionics and mission planning sys4 tems. 

5 (2) MATTERS INCLUDED.—The cost-benefit 

6 analysis conducted under paragraph (1) shall take 

7 into account— 

8 (A) the effect of life-cycle costs for— 

9 (i) each of the alternatives described 

10 in subparagraphs (A) and (B); and 

11 (ii) C–130 aircraft that are not up12 graded or modernized; and 

13 (B) the future costs associated with the 

14 potential upgrades to avionics and mission sys15 tems that may be required in the future for leg16 acy C–130 aircraft to remain relevant and mis17 sion effective. 

18 SEC. 145. REVIEW OF C–130 FORCE STRUCTURE. 

19 (a) REVIEW.—The Secretary of the Air Force shall 

20 conduct a review of the C–130 force structure. 

21 (b) REPORT.—Not later than the date on which the 

22 budget of the President is submitted to Congress under 

23 section 1105(a) of title 31, United States Code, for fiscal 

24 year 2014, the Secretary of the Air Force shall submit 


smartinez on DSK6TPTVN1PROD with BILLS
47 

HR 4310 RFS

1 to the congressional defense committees a report of the 

2 review under subsection (a), including— 

3 (1) how the Secretary will determine which C– 

4 130 aircraft will be retired or relocated during fiscal 

5 years 2014 through 2018; 

6 (2) a description of the methodologies under7 lying such determinations, including the factors and 

8 assumptions that shaped the specific determinations; 

9 (3) the rationale for selecting C–130 aircraft to 

10 be retired or relocated with respect to such aircraft 

11 of the regular components and such aircraft of the 

12 reserve components; and 

13 (4) details of the costs incurred, avoided, or 

14 saved with respect to retiring or relocating C–130 

15 aircraft. 

16 (c) COMPTROLLER GENERAL REVIEW.—Not later 

17 than 60 days after the date on which the report is sub18 mitted under subsection (b), the Comptroller General of 

19 the United States shall submit to the congressional de20 fense committees a review of such report, including the 

21 costs and benefits of the planned retirements and reloca22 tions described in such report. 


smartinez on DSK6TPTVN1PROD with BILLS
48 

HR 4310 RFS

1 SEC. 146. LIMITATION ON AVAILABILITY OF FUNDS FOR 

2 EVOLVED EXPENDABLE LAUNCH VEHICLE 

3 PROGRAM. 

4 (a) SENSE OF CONGRESS.—It is the sense of Con5 gress that— 

6 (1) assured access to space remains critical to 

7 national security; and 

8 (2) the plan by the Air Force to commit, begin9 ning in fiscal year 2013, to an annual production 

10 rate of launch vehicle booster cores should maintain 

11 mission assurance, stabilize the industrial base, re12 duce costs, and provide opportunities for competi13 tion. 

14 (b) LIMITATION.—Of the funds authorized to be ap15 propriated by this Act or otherwise made available for fis16 cal year 2013 for the Air Force for the evolved expendable 

17 launch vehicle program, 10 percent may not be obligated 

18 or expended until the date on which the Secretary of the 

19 Air Force submits to the appropriate congressional com20 mittees— 

21 (1) a report describing the acquisition strategy 

22 for such program; and 

23 (2) written certification that such strategy— 

24 (A) maintains assured access to space; 

25 (B) achieves substantial cost savings; and 

26 (C) provides opportunities for competition. 


smartinez on DSK6TPTVN1PROD with BILLS
49 

HR 4310 RFS

1 (c) MATTERS INCLUDED.—The report under sub2 section (b)(1) shall include the following information: 

3 (1) The anticipated savings to be realized under 

4 the acquisition strategy for the evolved expendable 

5 launch vehicle program. 

6 (2) The number of launch vehicle booster cores 

7 covered by the planned contract for such program. 

8 (3) The number of years covered by such con9 tract. 

10 (4) An assessment of when new entrants that 

11 have submitted a statement of intent will be certified 

12 to compete for evolved expendable launch vehicle13 class launches. 

14 (5) The projected launch manifest, including 

15 possible opportunities for certified new entrants to 

16 compete for evolved expendable launch vehicle-class 

17 launches. 

18 (6) Any other relevant analysis used to inform 

19 the acquisition strategy for such program. 

20 (d) COMPTROLLER GENERAL.— 

21 (1) REVIEW.—The Comptroller General of the 

22 United States shall review the report under sub23 section (b)(1). 

24 (2) SUBMITTAL.—Not later than 30 days after 

25 the date on which the report under subsection (b)(1) 


smartinez on DSK6TPTVN1PROD with BILLS
50 

HR 4310 RFS

1 is submitted to the appropriate congressional com2 mittees, the Comptroller General shall— 

3 (A) submit to such committees a report on 

4 the review under paragraph (1); or 

5 (B) provide to such committees a briefing 

6 on such review. 

7 (e) APPROPRIATE CONGRESSIONAL COMMITTEES DE8 FINED.—In this section, the term ‘‘appropriate congres9 sional committees’’ means the following: 

10 (1) The congressional defense committees. 

11 (2) The Permanent Select Committee on Intel12 ligence of the House of Representatives and the Se13 lect Committee on Intelligence of the Senate. 

14 SEC. 147. PROCUREMENT OF SPACE-BASED INFRARED SYS15 TEMS. 

16 (a) CONTRACT AUTHORITY.— 

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

18 Force may procure two space-based infrared systems 

19 by entering into a fixed-price contract. Such pro20 curement may also include— 

21 (A) material and equipment in economic 

22 order quantities when cost savings are achiev23 able; and 

24 (B) cost reduction initiatives. 


smartinez on DSK6TPTVN1PROD with BILLS
51 

HR 4310 RFS

1 (2) USE OF INCREMENTAL FUNDING.—With re2 spect to a contract entered into under paragraph (1) 

3 for the procurement of space-based infrared systems, 

4 the Secretary may use incremental funding for a pe5 riod not to exceed six fiscal years. 

6 (3) LIABILITY.—A contract entered into under 

7 paragraph (1) shall provide that any obligation of 

8 the United States to make a payment under the con9 tract is subject to the availability of appropriations 

10 for that purpose, and that the total liability to the 

11 Government for termination of any contract entered 

12 into shall be limited to the total amount of funding 

13 obligated at the time of termination. 

14 (b) LIMITATION OF COSTS.— 

15 (1) LIMITATION.—Except as provided by sub16 section (c), and excluding amounts described in 

17 paragraph (2), the total amount obligated or ex18 pended for the procurement of two space-based in19 frared systems authorized by subsection (a) may not 

20 exceed $3,900,000,000. 

21 (2) EXCLUSION.—The amounts described in 

22 this paragraph are amounts associated with the fol23 lowing: 

24 (A) Plans. 

25 (B) Technical data packages. 


smartinez on DSK6TPTVN1PROD with BILLS
52 

HR 4310 RFS

1 (C) Post-delivery and program support 

2 costs. 

3 (D) Technical support for obsolescence 

4 studies. 

5 (c) WAIVER AND ADJUSTMENT TO LIMITATION

6 AMOUNT.— 

7 (1) WAIVER.—In accordance with paragraph 

8 (2), the Secretary may waive the limitation in sub9 section (b)(1) if the Secretary submits to the con10 gressional defense committees written notification of 

11 the adjustment made to the amount set forth in 

12 such subsection. 

13 (2) ADJUSTMENT.—Upon waiving the limita14 tion under paragraph (1), the Secretary may adjust 

15 the amount set forth in subsection (b)(1) by the fol16 lowing: 

17 (A) The amounts of increases or decreases 

18 in costs attributable to economic inflation after 

19 September 30, 2012. 

20 (B) The amounts of increases or decreases 

21 in costs attributable to compliance with changes 

22 in Federal, State, or local laws enacted after 

23 September 30, 2012. 

24 (C) The amounts of increases or decreases 

25 in costs of the satellites that are attributable to 


smartinez on DSK6TPTVN1PROD with BILLS
53 

HR 4310 RFS

1 insertion of new technology into a space-based 

2 infrared system, as compared to the technology 

3 built into such a system procured prior to fiscal 

4 year 2013, if the Secretary determines, and cer5 tifies to the congressional defense committees, 

6 that insertion of the new technology is— 

7 (i) expected to decrease the life-cycle 

8 cost of the system; or 

9 (ii) required to meet an emerging 

10 threat that poses grave harm to national 

11 security. 

12 (d) REPORT.—Not later than 30 days after the date 

13 on which the Secretary awards a contract under sub14 section (a), the Secretary shall submit to the congressional 

15 defense committees a report on such contract, including 

16 the following: 

17 (1) The total cost savings resulting from the 

18 authority provided by subsection (a). 

19 (2) The type and duration of the contract 

20 awarded. 

21 (3) The total contract value. 

22 (4) The funding profile by year. 

23 (5) The terms of the contract regarding the 

24 treatment of changes by the Federal Government to 


smartinez on DSK6TPTVN1PROD with BILLS
54 

HR 4310 RFS

1 the requirements of the contract, including how any 

2 such changes may affect the success of the contract. 

3 (6) A plan for using cost savings described in 

4 paragraph (1) to improve the capability of overhead 

5 persistent infrared, including a description of— 

6 (A) the available funds, by year, resulting 

7 from such cost savings; 

8 (B) the specific activities or subprograms 

9 to be funded by such cost savings and the 

10 funds, by year, allocated to each such activity 

11 or subprogram; 

12 (C) the objectives for each such activity or 

13 subprogram and the criteria used by the Sec14 retary to determine which such activity or sub15 program to fund; 

16 (D) the method in which such activities or 

17 subprograms will be awarded, including whether 

18 it will be on a competitive basis; and 

19 (E) 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. 


smartinez on DSK6TPTVN1PROD with BILLS
55 

HR 4310 RFS

1 Subtitle E—Joint and Multiservice 

2 Matters 

3 SEC. 151. REQUIREMENT TO SET F–35 AIRCRAFT INITIAL 

4 OPERATIONAL CAPABILITY DATES. 

5 (a) F–35A.—Not later than December 31, 2012, the 

6 Secretary of the Air Force shall— 

7 (1) establish the initial operational capability 

8 date for the F–35A aircraft; and 

9 (2) submit to the congressional defense commit10 tees a report on the details of such initial oper11 ational capability. 

12 (b) F–35B AND F–35C.—Not later than December 

13 31, 2012, the Secretary of the Navy shall— 

14 (1) establish the initial operational capability 

15 dates for the F–35B and F–35C aircraft; and 

16 (2) submit to the congressional defense commit17 tees a report on the details of such initial oper18 ational capabilities for both variants. 

19 SEC. 152. LIMITATION ON AVAILABILITY OF FUNDS FOR RE20 TIREMENT OF RQ–4 GLOBAL HAWK UN21 MANNED AIRCRAFT SYSTEMS. 

22 (a) LIMITATION.—None of the funds authorized to 

23 be appropriated by this Act or otherwise made available 

24 for fiscal year 2013 for the Department of Defense may 

25 be obligated or expended to retire, prepare to retire, or 


smartinez on DSK6TPTVN1PROD with BILLS
56 

HR 4310 RFS

1 place in storage an RQ–4 Block 30 Global Hawk un2 manned aircraft system. 

3 (b) MAINTAINED LEVELS.—During the period pre4 ceding December 31, 2014, in supporting the operational 

5 requirements of the combatant commands, the Secretary 

6 of the Air Force shall maintain the operational capability 

7 of each RQ–4 Block 30 Global Hawk unmanned aircraft 

8 system belonging to the Air Force or delivered to the Air 

9 Force during such period. 

10 SEC. 153. COMMON DATA LINK FOR MANNED AND UN11 MANNED INTELLIGENCE, SURVEILLANCE, 

12 AND RECONNAISSANCE SYSTEMS. 

13 Section 141 of the National Defense Authorization 

14 Act for Fiscal Year 2006 (Public Law 109–163; 119 Stat. 

15 3164), as amended by section 143 of the National Defense 

16 Authorization Act for Fiscal Year 2010 (Public Law 111– 

17 84; 123 Stat. 2223), is amended by adding at the end 

18 the following new subsection: 

19 ‘‘(e) STANDARDS IN SOLICITATIONS.—The Secretary 

20 of Defense shall ensure that a solicitation for a common 

21 data link described in subsection (a)— 

22 ‘‘(1) complies with the most recently issued 

23 common data link specification standard of the De24 partment of Defense as of the date of the solicita25 tion; and 


smartinez on DSK6TPTVN1PROD with BILLS
57 

HR 4310 RFS

1 ‘‘(2) does not include any proprietary or un2 documented interface or waveform as a requirement 

3 or criterion for evaluation.’’. 

4 TITLE II—RESEARCH, DEVELOP5 MENT, TEST, AND EVALUA6 TION 

7 Subtitle A—Authorization of 

8 Appropriations 

9 SEC. 201. AUTHORIZATION OF APPROPRIATIONS. 

10 Funds are hereby authorized to be appropriated for 

11 fiscal year 2013 for the use of the Department of Defense 

12 for research, development, test, and evaluation as specified 

13 in the funding table in section 4201. 

14 Subtitle B—Program Require15 ments, Restrictions, and Limita16 tions 

17 SEC. 211. NEXT-GENERATION LONG-RANGE STRIKE BOMB18 ER AIRCRAFT NUCLEAR CERTIFICATION RE19 QUIREMENT. 

20 The Secretary of the Air Force shall ensure that the 

21 next-generation long-range strike bomber is— 

22 (1) capable of carrying strategic nuclear weap23 ons as of the date on which such aircraft achieves 

24 initial operating capability; and 


smartinez on DSK6TPTVN1PROD with BILLS
58 

HR 4310 RFS

1 (2) certified to use such weapons by not later 

2 than two years after such date. 

3 SEC. 212. UNMANNED COMBAT AIR SYSTEM. 

4 The Secretary of the Navy shall— 

5 (1) conduct additional technology development 

6 risk reduction activities using the unmanned combat 

7 air system; and 

8 (2) preserve a competitive acquisition environ9 ment for the Unmanned Carrier-launched Surveil10 lance and Strike system program. 

11 SEC. 213. EXTENSION OF LIMITATION ON AVAILABILITY OF 

12 FUNDS FOR UNMANNED CARRIER-LAUNCHED 

13 SURVEILLANCE AND STRIKE SYSTEM PRO14 GRAM. 

15 (a) EXTENSION OF LIMITATION.—Subsection (a) of 

16 section 213 of the National Defense Authorization Act for 

17 Fiscal Year 2012 (Public Law 112–81; 125 Stat. 1330) 

18 is amended by inserting ‘‘or fiscal year 2013’’ after ‘‘fiscal 

19 year 2012’’. 

20 (b) TECHNOLOGY DEVELOPMENT PHASE.—Such sec21 tion is further amended by adding at the end the following 

22 new subsection: 

23 ‘‘(d) TECHNOLOGY DEVELOPMENT AND CRITICAL

24 DESIGN PHASES.— 


smartinez on DSK6TPTVN1PROD with BILLS
59 

HR 4310 RFS

1 ‘‘(1) CONTRACTORS.—The Secretary of the 

2 Navy may not reduce the number of prime contrac3 tors working on the Unmanned Carrier-launched 

4 Surveillance and Strike system program to one 

5 prime contractor for the technology development 

6 phase of such program prior to the program achiev7 ing the critical design review milestone. 

8 ‘‘(2) CRITICAL DESIGN REVIEW.—The Un9 manned Carrier-launched Surveillance and Strike 

10 system program may not achieve the critical design 

11 review milestone until on or after October 1, 2016.’’. 

12 (c) TECHNICAL AMENDMENT.—Such section is fur13 ther amended by striking ‘‘Future Unmanned Carrier14 based Strike System’’ each place it appears and inserting 

15 ‘‘Unmanned Carrier-launched Surveillance and Strike sys16 tem’’. 

17 SEC. 214. LIMITATION ON AVAILABILITY OF FUNDS FOR FU18 TURE MANNED GROUND MOVING TARGET IN19 DICATOR CAPABILITY OF THE AIR FORCE. 

20 (a) LIMITATION.—None of the funds authorized to 

21 be appropriated by this Act or otherwise made available 

22 for fiscal year 2013 for research, development, test, and 

23 evaluation, Air Force, may be obligated or expended for 

24 any activity, including pre-Milestone A activities, to ini25 tiate a new start acquisition program to provide the Air 


smartinez on DSK6TPTVN1PROD with BILLS
60 

HR 4310 RFS

1 Force with a manned ground moving target indicator ca2 pability or manned dismount moving target indicator ca3 pability until a period of 90 days has elapsed following 

4 the date on which the Secretary of the Air Force submits 

5 the report under subsection (b)(1). 

6 (b) REPORT.— 

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

8 Force shall submit to the congressional defense com9 mittees a report on the plan of the future manned 

10 ground moving target and manned dismount moving 

11 target indicator capabilities of the Air Force. 

12 (2) MATTERS INCLUDED.—The report under 

13 paragraph (1) shall include the following: 

14 (A) The plan to maintain onboard com15 mand and control capability that is equal to or 

16 better than such capability provided by the E– 

17 8C joint surveillance target attack radar pro18 gram. 

19 (B) Each analysis of alternatives com20 pleted during fiscal year 2012 regarding future 

21 manned ground moving target indicator capa22 bility or manned dismount moving target indi23 cator capability. 


smartinez on DSK6TPTVN1PROD with BILLS
61 

HR 4310 RFS

1 (C) With respect to each new program 

2 analyzed in an analysis of alternatives described 

3 in subparagraph (B)— 

4 (i) the development, procurement, and 

5 sustainment cost estimates for such pro6 gram; and 

7 (ii) a description of how such program 

8 will affect the potential growth of future 

9 manned ground moving target indicator 

10 capability or manned dismount moving tar11 get indicator capability. 

12 (D) A description of potential operational 

13 and sustainment cost savings realized by the 

14 Air Force using a platform that is— 

15 (i) derived from commercial aircraft; 

16 and 

17 (ii) in operation by the Department of 

18 Defense as of the date of the report. 

19 (E) The plan by the Secretary of Defense 

20 to retire or replace E–8C joint surveillance tar21 get attack radar aircraft. 

22 (F) Any other matter the Secretary con23 siders appropriate. 

24 (c) WAIVER.—The Secretary may waive the limita25 tion in subsection (a) if the Secretary— 


smartinez on DSK6TPTVN1PROD with BILLS
62 

HR 4310 RFS

1 (1) determines that such waiver is required to 

2 meet an urgent operational need or other emergency 

3 contingency requirement directly related to ongoing 

4 combat operations; and 

5 (2) notifies the congressional defense commit6 tees of such determination. 

7 SEC. 215. LIMITATION ON AVAILABILITY OF FUNDS FOR 

8 MILESTONE A ACTIVITIES FOR THE MQ–18 

9 UNMANNED AIRCRAFT SYSTEM. 

10 (a) LIMITATION.—None of the funds authorized to 

11 be appropriated by this Act or otherwise made available 

12 for fiscal year 2013 for research, development, test, and 

13 evaluation, Army, may be obligated or expended for Mile14 stone A activities with respect to the MQ–18 medium15 range multi-purpose vertical take-off and landing un16 manned aircraft system until— 

17 (1) the Chairman of the Joint Requirements 

18 Oversight Council certifies in writing to the appro19 priate congressional committees that— 

20 (A) such system is required to meet a ca21 pability in the manned and unmanned medium22 altitude intelligence, surveillance, and recon23 naissance force structure of the Department of 

24 Defense; and 


smartinez on DSK6TPTVN1PROD with BILLS
63 

HR 4310 RFS

1 (B) an existing unmanned aircraft system 

2 cannot meet such capability or be modified to 

3 meet such capability; and 

4 (2) a period of 30 days has elapsed following 

5 the date on which the Chairman submits the certifi6 cation under paragraph (1). 

7 (b) DEFINITIONS.—In this section: 

8 (1) The term ‘‘appropriate congressional com9 mittees’’ means— 

10 (A) the Committee on Armed Services, the 

11 Committee on Appropriations, and the Perma12 nent Select Committee on Intelligence of the 

13 House of Representatives; and 

14 (B) the Committee on Armed Services, the 

15 Committee on Appropriations, and the Select 

16 Committee on Intelligence of the Senate. 

17 (2) The term ‘‘Milestone A activities’’ means, 

18 with respect to an acquisition program of the De19 partment of Defense— 

20 (A) the distribution of request for pro21 posals; 

22 (B) the selection of technology demonstra23 tion contractors; and 

24 (C) technology development. 


smartinez on DSK6TPTVN1PROD with BILLS
64 

HR 4310 RFS

1 SEC. 216. VERTICAL LIFT PLATFORM TECHNOLOGY DEM2 ONSTRATIONS. 

3 (a) IN GENERAL.—Of the funds authorized to be ap4 propriated by this Act or otherwise made available for fis5 cal year 2013 for joint capability technology demonstra6 tions, the Under Secretary of Defense for Acquisition, 

7 Technology, and Logistics may obligate or expend not 

8 more than $5,000,000 to carry out a program to develop 

9 and flight-demonstrate vertical lift platform technologies 

10 that address the capability gaps described in the Future 

11 Vertical Lift Strategic Plan of the Department of Defense 

12 submitted to Congress in August 2010. 

13 (b) GOALS AND OBJECTIVES.—The Under Secretary 

14 shall ensure that the program under subsection (a) has 

15 the following goals and objectives: 

16 (1) To develop innovative vertical lift platform 

17 technologies that address capability gaps in speed, 

18 range, ceiling, survivability, reliability, and afford19 ability applicable to both current and future rotor20 craft of the Department of Defense. 

21 (2) To flight-demonstrate such vertical lift tech22 nologies no later than 2016. 

23 (3) To accelerate the development and transi24 tion of innovative vertical lift technologies by pro25 moting the formation of competitive teams of small 


smartinez on DSK6TPTVN1PROD with BILLS
65 

HR 4310 RFS

1 business working in collaboration with large contrac2 tors and academia. 

3 Subtitle C—Missile Defense 

4 Programs 

5 SEC. 221. PROCUREMENT OF AN/TPY–2 RADARS. 

6 (a) PROCUREMENT.—The Secretary of Defense shall 

7 procure two AN/TPY–2 radars. 

8 (b) REPORT.—The Secretary of Defense shall submit 

9 to the congressional defense committees a report on the 

10 feasibility of developing an AN/TPY–2 radar on a rota11 tional table to allow the radar to quickly change directions. 

12 SEC. 222. DEVELOPMENT OF ADVANCED KILL VEHICLE. 

13 Not later than 180 days after the date of the enact14 ment of this Act, the Director of the Missile Defense 

15 Agency shall submit to the congressional defense commit16 tees a report that includes— 

17 (1) a plan to provide that the new advanced kill 

18 vehicle on the standard missile–3 block IIB inter19 ceptor shall have the capability of being used for the 

20 ground-based midcourse defense program; and 

21 (2) a description of the technology of and con22 cept behind applying the former multiple kill vehicle 

23 concept to the new vehicle described in paragraph 

24 (1). 


smartinez on DSK6TPTVN1PROD with BILLS
66 

HR 4310 RFS

1 SEC. 223. MISSILE DEFENSE SITE ON THE EAST COAST. 

2 (a) OPERATIONAL SITE.—The Secretary of Defense 

3 shall ensure that a covered missile defense site on the East 

4 Coast of the United States is operational by not later than 

5 December 31, 2015. 

6 (b) CONSIDERATION OF LOCATION.— 

7 (1) STUDY.—Not later than December 31, 

8 2013, the Secretary of Defense shall conduct a study 

9 evaluating three possible locations selected by the 

10 Director of the Missile Defense Agency for a covered 

11 missile defense site on the East Coast of the United 

12 States. 

13 (2) EIS.—The Secretary shall prepare an envi14 ronmental impact statement in accordance with the 

15 National Environmental Policy Act of 1969 (42 

16 U.S.C. 4321 et seq.) for each location evaluated 

17 under paragraph (1). 

18 (3) LOCATION.—In selecting the three possible 

19 locations for a covered missile defense site under 

20 paragraph (1), the Secretary should— 

21 (A) take into consideration— 

22 (i) the strategic location of the pro23 posed site; and 

24 (ii) the proximity of the proposed site 

25 to major population centers; and 

26 (B) give priority to a proposed site that— 


smartinez on DSK6TPTVN1PROD with BILLS
67 

HR 4310 RFS

1 (i) is operated or supported by the 

2 Department of Defense; 

3 (ii) lacks encroachment issues; and 

4 (iii) has a controlled airspace. 

5 (c) PLAN.— 

6 (1) IN GENERAL.—The Director of the Missile 

7 Defense Agency shall develop a plan to deploy an 

8 appropriate missile defense interceptor for a missile 

9 defense site on the East Coast. 

10 (2) MATTERS INCLUDED.—In developing the 

11 plan under paragraph (1), the Director shall evalu12 ate the use of— 

13 (A) two- or three-stage ground-based inter14 ceptors; and 

15 (B) standard missile–3 interceptors, in16 cluding block IA, block IB, and for a later de17 ployment, block IIA or block IIB interceptors. 

18 (3) SUBMISSION.—The Director shall submit to 

19 the President the plan under paragraph (1) for in20 clusion with the budget materials submitted to Con21 gress under section 1105(a) of title 31, United 

22 States Code, for fiscal year 2014. 

23 (4) FUNDING.—Of the funds authorized to be 

24 appropriated by this Act or otherwise made available 

25 for fiscal year 2013 for the Missile Defense Agency, 


smartinez on DSK6TPTVN1PROD with BILLS
68 

HR 4310 RFS

1 $100,000,000 may be obligated or expended to carry 

2 out the plan developed under paragraph (1) after a 

3 period of 30 days has elapsed following the date on 

4 which the congressional defense committees receive 

5 the plan pursuant to paragraph (3). 

6 (d) COVERED MISSILE DEFENSE SITE.—In this sec7 tion, the term ‘‘covered missile defense site’’ means a mis8 sile defense site that uses— 

9 (1) ground-based interceptors; or 

10 (2) standard missile–3 interceptors. 

11 SEC. 224. GROUND-BASED MIDCOURSE DEFENSE SYSTEM. 

12 (a) GMD SYSTEM.—Of the funds authorized to be 

13 appropriated by this Act or otherwise made available for 

14 fiscal year 2013 for the Department of Defense, not less 

15 than $1,261,000,000 shall be made available for the 

16 ground-based midcourse defense system, as specified in 

17 the funding table in section 4201. 

18 (b) CERTAIN PROGRAMS OF THE GMD SYSTEM.— 

19 (1) EKV.—The Secretary of Defense shall com20 plete the refurbishment of the CE1 exoatmospheric 

21 kill vehicle-equipped ground-based interceptors. 

22 (2) MF-1.—Of the funds authorized to be ap23 propriated by this Act or otherwise made available 

24 for fiscal year 2013 for the ground-based midcourse 

25 defense system, not less than $205,000,000 shall be 


smartinez on DSK6TPTVN1PROD with BILLS
69 

HR 4310 RFS

1 obligated or expended to upgrade Missile Field 1 at 

2 Fort Greely, Alaska. 

3 SEC. 225. GROUND-BASED MIDCOURSE DEFENSE INTER4 CEPTOR TEST. 

5 Not later than December 31, 2013, the Secretary of 

6 Defense shall conduct an intercontinental ballistic missile 

7 test of the ground-based midcourse defense program using 

8 a ground-based interceptor equipped with a CE1 

9 exoatmospheric kill vehicle. 

10 SEC. 226. DEPLOYMENT OF SM–3 IIB INTERCEPTORS ON 

11 LAND AND SEA. 

12 (a) SENSE OF CONGRESS.—It is the sense of Con13 gress that standard missile–3 block IIB interceptors 

14 should be deployable in both land-based and sea-based 

15 modes by the date on which such interceptors achieve ini16 tial operating capability. 

17 (b) LAND AND SEA MODES.—The Secretary of De18 fense shall ensure that standard missile–3 block IIB inter19 ceptors are deployable using both land-based and sea20 based systems by the date on which such interceptors 

21 achieve initial operating capability. 

22 (c) REPORT.— 

23 (1) FORCE STRUCTURE.—Not later than 180 

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

25 Secretary shall submit to the congressional defense 


smartinez on DSK6TPTVN1PROD with BILLS
70 

HR 4310 RFS

1 committees a report on how the deployment of 

2 standard missile–3 block IIB interceptors affects the 

3 force structure of the Navy. 

4 (2) MATTERS INCLUDED.—The report under 

5 paragraph (1) shall include the following: 

6 (A) The implications for the force struc7 ture of the Navy if standard missile–3 block 

8 IIB interceptors cannot fit in the standard 

9 vertical launching system configuration for the 

10 Aegis ballistic missile defense system, including 

11 the implications regarding— 

12 (i) ship deployments; 

13 (ii) cost; and 

14 (iii) ability to respond to raids. 

15 (B) An explanation for how standard mis16 sile–3 block IIB interceptors would be used, at 

17 initial operating capability, for the defense of 

18 the United States from threats originating in 

19 the Pacific region if such interceptors are not 

20 deployable in a sea-based mode, including an 

21 explanation of cost and force structure require22 ments. 

23 SEC. 227. IRON DOME SHORT-RANGE ROCKET DEFENSE 

24 PROGRAM. 

25 (a) AVAILABILITY OF FUNDS.— 


smartinez on DSK6TPTVN1PROD with BILLS
71 

HR 4310 RFS

1 (1) IN GENERAL.—Of the funds authorized to 

2 be appropriated by section 201 for research, develop3 ment, test, and evaluation, Defense-wide, as speci4 fied in the funding table in section 4201, or other5 wise made available for the Department of Defense 

6 for fiscal years 2012 through 2015, the Secretary of 

7 Defense may provide up to $680,000,000 to the 

8 Government of Israel for the procurement of addi9 tional batteries and interceptors under the Iron 

10 Dome short-range rocket defense system and for re11 lated operations and sustainment expenses. 

12 (2) AVAILABILITY.—Funds made available for 

13 fiscal year 2012 or 2013 to carry out paragraph (1) 

14 are authorized to remain available until September 

15 30, 2014. 

16 (b) OFFICE.—The Secretary of Defense shall estab17 lish within the Missile Defense Agency of the Department 

18 of Defense an office to carry out subsection (a) and other 

19 matters relating to assistance for Israel’s Iron Dome 

20 short-range rocket defense system. 

21 SEC. 228. SEA-BASED X-BAND RADAR. 

22 The Director of the Missile Defense Agency shall en23 sure that the sea-based X-band radar is maintained in a 

24 status such that the radar may be deployed in less than 

25 14 days and for at least 60 days each year. 


smartinez on DSK6TPTVN1PROD with BILLS
72 

HR 4310 RFS

1 SEC. 229. PROHIBITION ON THE USE OF FUNDS FOR THE 

2 MEADS PROGRAM. 

3 None of the funds authorized to be appropriated by 

4 this Act or otherwise made available for fiscal year 2013 

5 for the Department of Defense may be obligated or ex6 pended for the medium extended air defense system. 

7 SEC. 230. LIMITATION ON AVAILABILITY OF FUNDS FOR 

8 PHASED, ADAPTIVE APPROACH TO MISSILE 

9 DEFENSE IN EUROPE. 

10 (a) LIMITATION.—Of the funds authorized to be ap11 propriated by this Act or otherwise made available for fis12 cal year 2013 for covered missile defense activities, not 

13 more than 75 percent may be obligated or expended 

14 until— 

15 (1) the Secretary of Defense and the Secretary 

16 of State jointly submit to the appropriate congres17 sional committees— 

18 (A) a report on the cost-sharing arrange19 ments for the phased, adaptive approach to 

20 missile defense in Europe; and 

21 (B) written certification that a propor22 tional share, as determined by the Secretaries, 

23 of the costs for such approach to missile de24 fense will be provided by members of the North 

25 Atlantic Treaty Organization other than the 

26 United States; and 


smartinez on DSK6TPTVN1PROD with BILLS
73 

HR 4310 RFS

1 (2) the Secretary of Defense— 

2 (A) submits a NATO prefinancing request 

3 for consideration of expenses regarding such 

4 approach to missile defense (excluding such ex5 penses related to military construction de6 scribed in section 2403(b)); and 

7 (B) submits to the appropriate congres8 sional committees the response by the NATO 

9 Secretary General or the North Atlantic Council 

10 to such request. 

11 (b) WAIVER.—The President may waive the limita12 tion in subsection (a) with respect to a specific project of 

13 a covered missile defense activity if the President submits 

14 to the appropriate congressional committees and the writ15 ten certification that the waiver for such project is vital 

16 to the national security interests of the United States. 

17 (c) DEFINITIONS.—In this section: 

18 (1) The term ‘‘appropriate congressional com19 mittees’’ means the following: 

20 (A) The congressional defense committees. 

21 (B) The Committee on Foreign Affairs of 

22 the House of Representatives and the Com23 mittee on Foreign Relations of the Senate. 

24 (2) The term ‘‘covered missile defense activi25 ties’’ means, with respect to the phased, adaptive apVerDate Mar 15 2010 01:00 Jun 20, 2012 Jkt 019200 PO 00000 Frm 00073 Fmt 6652 Sfmt 6201 E:\BILLS\H4310.RFS H4310

smartinez on DSK6TPTVN1PROD with BILLS
74 

HR 4310 RFS

1 proach to missile defense in Europe, activities re2 garding— 

3 (A) Aegis ashore sites; or 

4 (B) an AN/TPY–2 radar located in Tur5 key. 

6 SEC. 231. LIMITATION ON AVAILABILITY OF FUNDS FOR 

7 THE PRECISION TRACKING SPACE SYSTEM. 

8 (a) INITIAL LIMITATION.—None of the funds author9 ized to be appropriated by this Act or otherwise made 

10 available for fiscal year 2013 for the precision tracking 

11 space system may be obligated or expended until the date 

12 on which— 

13 (1) a federally funded research and development 

14 center begins the analysis under subsection (b)(1); 

15 and 

16 (2) the terms of reference for the analysis are 

17 submitted to the congressional defense committees. 

18 (b) ANALYSIS OF ALTERNATIVES.— 

19 (1) FFRDC.—The Director of the Missile De20 fense Agency shall enter into an agreement with a 

21 federally funded research and development center 

22 that has not previously been involved with the preci23 sion tracking space system to conduct an analysis of 

24 alternatives of such program. 


smartinez on DSK6TPTVN1PROD with BILLS
75 

HR 4310 RFS

1 (2) BASIS OF ANALYSIS.—The analysis under 

2 paragraph (1) shall be based on a clear articulation 

3 by the Director of— 

4 (A) the ground-based sensors that will be 

5 required to be maintained to aid the precision 

6 tracking space system constellation; 

7 (B) the number of satellites to be procured 

8 for a first constellation, including the projected 

9 lifetime of such satellites in the first constella10 tion, and the number projected to be procured 

11 for a first and, if applicable, second replenish12 ment; 

13 (C) the technological and acquisition risks 

14 of such system; 

15 (D) an evaluation of the technological ca16 pability differences between the precision track17 ing space system sensor and the space tracking 

18 and surveillance system sensor; and 

19 (E) the cost differences, as confirmed by 

20 the Director of Cost Assessment and Program 

21 Evaluation, between such systems, including 

22 costs relating to launch services. 

23 (3) ANALYSIS.—In conducting the analysis 

24 under paragraph (1), the federally funded research 

25 and development center shall— 


smartinez on DSK6TPTVN1PROD with BILLS
76 

HR 4310 RFS

1 (A) appoint a panel of independent study 

2 leaders for such analysis; 

3 (B) evaluate whether the precision tracking 

4 space system, as planned by the Director in the 

5 budget submitted to Congress under section 

6 1105 of title 31, United States Code, for fiscal 

7 year 2013, is the lowest cost sensor option with 

8 respect to land-, air-, or space-based sensors, or 

9 a combination thereof, to improve the homeland 

10 missile defense of the United States, including 

11 by adding discrimination capability to the 

12 ground-based midcourse defense system; 

13 (C) examine the overhead persistent infra14 red data or other data that is available as of 

15 the date of the analysis that is not being used; 

16 (D) determine how using the data de17 scribed in subparagraph (C) could improve sen18 sor coverage for the homeland missile defense of 

19 the United States and regional missile defense 

20 capabilities; 

21 (E) study the plans of the Director to inte22 grate the precision tracking space system con23 cept into the ballistic missile defense system 

24 and evaluate the concept or operations of such 

25 use; and 


smartinez on DSK6TPTVN1PROD with BILLS
77 

HR 4310 RFS

1 (F) consider the agreement entered into 

2 under subsection (d)(1). 

3 (4) COST DETERMINATION.—In determining 

4 costs under the analysis under paragraph (1), the 

5 federally funded research and development center 

6 shall take into account acquisition costs and oper7 ation and sustainment costs during the initial ten8 year and twenty-year periods. 

9 (c) FURTHER LIMITATION.— 

10 (1) SUBMITTAL AND WAIT.—Except as provided 

11 by paragraph (2), none of the funds authorized to 

12 be appropriated by this Act or otherwise made avail13 able for fiscal year 2013 for the precision tracking 

14 space system may obligated or expended until— 

15 (A) the Director submits to the congres16 sional defense committees the analysis under 

17 subsection (b)(1); and 

18 (B) a period of 60 days has elapsed fol19 lowing the date of such submittal. 

20 (2) EXCEPTION.—The limitation in paragraph 

21 (1) shall not apply to funds described in such para22 graph that are obligated or expended for technology 

23 development activities. 

24 (d) MEMORANDUM OF AGREEMENT.— 


smartinez on DSK6TPTVN1PROD with BILLS
78 

HR 4310 RFS

1 (1) IN GENERAL.—The Director shall enter into 

2 a memorandum of agreement with the Commander 

3 of the Air Force Space Command with respect to the 

4 space situational awareness capabilities, require5 ments, design, and cost-sharing of the precision 

6 tracking space system. 

7 (2) SUBMITTAL.—The Director shall submit to 

8 the congressional defense committees the agreement 

9 entered into under paragraph (1). 

10 SEC. 232. PLAN TO IMPROVE DISCRIMINATION AND KILL 

11 ASSESSMENT CAPABILITY OF BALLISTIC MIS12 SILE DEFENSE SYSTEMS. 

13 (a) PLAN.—The Director of the Missile Defense 

14 Agency shall develop a plan to improve the discrimination 

15 and kill assessment capability of ballistic missile defense 

16 systems, particularly with respect to the ground-based 

17 midcourse defense system. 

18 (b) SUBMISSION.—Not later than December 31, 

19 2012, the Director shall— 

20 (1) transmit to the Secretary of Defense the 

21 plan under subsection (a) to be used in the budget 

22 materials submitted to the President by the Sec23 retary in connection with the submission to Con24 gress, pursuant to section 1105 of title 31, United 

25 States Code, of the budget for fiscal year 2014; and 


smartinez on DSK6TPTVN1PROD with BILLS
79 

HR 4310 RFS

1 (2) submit to the congressional defense commit2 tees such plan. 

3 SEC. 233. PLAN TO INCREASE RATE OF FLIGHT TESTS OF 

4 GROUND-BASED MIDCOURSE DEFENSE SYS5 TEM. 

6 (a) PLAN.— 

7 (1) IN GENERAL.—The Director of the Missile 

8 Defense Agency shall develop a plan to increase the 

9 rate of flight tests and ground tests of the ground10 based midcourse defense system. 

11 (2) RATE OF PLANNED FLIGHT TESTS.—The 

12 plan under paragraph (1) shall ensure that there are 

13 at least three flight tests conducted during every 

14 two-year period unless the Director submits to the 

15 congressional defense committees— 

16 (A) written certification that such rate of 

17 tests is not feasible or cost-effective; and 

18 (B) an analysis explaining the reasoning of 

19 such certification. 

20 (b) SUBMISSION.—Not later than December 31, 

21 2012, the Director shall— 

22 (1) transmit to the Secretary of Defense the 

23 plan under subsection (a)(1) to be used in the budg24 et materials submitted to the President by the Sec25 retary in connection with the submission to ConVerDate Mar 15 2010 01:00 Jun 20, 2012 Jkt 019200 PO 00000 Frm 00079 Fmt 6652 Sfmt 6201 E:\BILLS\H4310.RFS H4310

smartinez on DSK6TPTVN1PROD with BILLS
80 

HR 4310 RFS

1 gress, pursuant to section 1105 of title 31, United 

2 States Code, of the budget for fiscal year 2014; and 

3 (2) submit to the congressional defense commit4 tees such plan. 

5 SEC. 234. REPORT ON REGIONAL MISSILE DEFENSE ARCHI6 TECTURES. 

7 Not later than 90 days after the date of the enact8 ment of this Act, the Secretary of Defense, in coordination 

9 with the Chairman of the Joint Chiefs of Staff, shall sub10 mit to the congressional defense committees a report on— 

11 (1) the regional missile defense architectures, 

12 including the force structure and inventory require13 ments derived from such architectures; and 

14 (2) the comprehensive force management proc15 ess to evaluate such requirements, including the ca16 pability, deployment, and resource outcomes that 

17 such process has determined. 

18 SEC. 235. USE OF FUNDS FOR CONVENTIONAL PROMPT 

19 GLOBAL STRIKE PROGRAM. 

20 The Secretary of Defense shall ensure that any funds 

21 authorized to be appropriated by this Act or otherwise 

22 made available for fiscal year 2013 for ground-testing ac23 tivities of the conventional prompt global strike program 

24 are obligated or expended using competitive solicitation 


smartinez on DSK6TPTVN1PROD with BILLS
81 

HR 4310 RFS

1 procedures to involve industry as well as government part2 ners. 

3 SEC. 236. TRANSFER OF AEGIS WEAPON SYSTEM EQUIP4 MENT TO MISSILE DEFENSE AGENCY. 

5 (a) TRANSFER BY NAVY.—In accordance with section 

6 230, the Secretary of the Navy may— 

7 (1) transfer to the Director of the Missile De8 fense Agency Aegis weapon system equipment with 

9 ballistic missile defense capability for use by the Di10 rector in the Aegis ashore site in the country the Di11 rector has designated as ‘‘Host Nation 1’’; 

12 (2) in ensuring the shipbuilding schedules of 

13 ships affected by this section— 

14 (A) obligate or expend unobligated funds 

15 made available for fiscal year 2012 for ship16 building and conversion, Navy, for the DDG–51 

17 Destroyer to deliver complete, mission-ready 

18 Aegis weapon system equipment with ballistic 

19 missile defense capability to a DDG–51 De20 stroyer for which funds were made available for 

21 fiscal year 2012 under shipbuilding and conver22 sion, Navy; or 

23 (B) use any Aegis weapon system equip24 ment acquired using such funds to deliver com25 plete, mission-ready Aegis weapon system 


smartinez on DSK6TPTVN1PROD with BILLS
82 

HR 4310 RFS

1 equipment with ballistic missile defense capa2 bility to a DDG–51 Destroyer for which funds 

3 were made available for fiscal year 2012 under 

4 shipbuilding and conversion, Navy; and 

5 (3) treat equipment transferred to the Sec6 retary under subsection (b) as equipment acquired 

7 using funds made available under shipbuilding and 

8 conversion, Navy, for purposes of completing the 

9 construction and outfitting of such equipment. 

10 (b) TRANSFER BY MDA.—In accordance with section 

11 230, upon the receipt of any equipment under subsection 

12 (a), the Director of the Missile Defense Agency shall 

13 transfer to the Secretary of the Navy Aegis weapon system 

14 equipment with ballistic missile defense capability pro15 cured by the Director for installation in a shore-based 

16 Aegis weapon system for use by the Secretary in the 

17 DDG–51 Destroyer program. 

18 Subtitle D—Reports 

19 SEC. 241. STUDY ON ELECTRONIC WARFARE CAPABILITIES 

20 OF THE MARINE CORPS. 

21 (a) STUDY.—The Commandant of the Marine Corps 

22 shall conduct a study on the future capabilities of the Ma23 rine Corps with respect to electronic warfare. 

24 (b) REPORT.— 


smartinez on DSK6TPTVN1PROD with BILLS
83 

HR 4310 RFS

1 (1) IN GENERAL.—Not later than 90 days after 

2 the date of the enactment of this Act, the Com3 mandant shall submit to the congressional defense 

4 committees a report on the study conducted under 

5 subsection (a). 

6 (2) MATTERS INCLUDED.—The report under 

7 paragraph (1) shall include the following: 

8 (A) A detailed plan for EA–6B Prowler 

9 aircraft squadrons. 

10 (B) A solution for the replacement of such 

11 aircraft. 

12 (C) Concepts of operation for future air13 ground task force electronic warfare capabilities 

14 of the Marine Corps. 

15 (D) Any other issues that the Com16 mandant determines appropriate. 

17 SEC. 242. NATIONAL RESEARCH COUNCIL REVIEW OF DE18 FENSE SCIENCE AND TECHNICAL GRADUATE 

19 EDUCATION NEEDS. 

20 (a) REVIEW.—The Secretary of Defense shall enter 

21 into an agreement with the National Research Council to 

22 conduct a review of specialized degree-granting graduate 

23 programs of the Department of Defense in engineering, 

24 applied sciences, and management. 


smartinez on DSK6TPTVN1PROD with BILLS
84 

HR 4310 RFS

1 (b) MATTERS INCLUDED.—At a minimum, the review 

2 under subsection (a) shall address— 

3 (1) the need by the Department of Defense and 

4 the military departments for military and civilian 

5 personnel with advanced degrees in engineering, ap6 plied sciences, and management, including a list of 

7 the numbers of such personnel needed by discipline; 

8 (2) an analysis of the sources by which the De9 partment of Defense and the military departments 

10 obtain military and civilian personnel with such ad11 vanced degrees; 

12 (3) the need for educational institutions under 

13 the Department of Defense to meet the needs identi14 fied in paragraph (1); 

15 (4) the costs and benefits of maintaining such 

16 educational institutions, including costs relating to 

17 directed research; 

18 (5) the ability of private institutions or dis19 tance-learning programs to meet the needs identified 

20 in paragraph (1); 

21 (6) existing organizational structures, including 

22 reporting chains, within the military departments to 

23 manage the graduate education needs of the Depart24 ment of Defense and the military departments; and 


smartinez on DSK6TPTVN1PROD with BILLS
85 

HR 4310 RFS

1 (7) recommendations for improving the ability 

2 of the Department of Defense to identify, manage, 

3 and source the graduate education needs of the De4 partment. 

5 (c) REPORT.—Not later than 30 days after the date 

6 on which the review under subsection (a) is completed, the 

7 Secretary shall submit to the congressional defense com8 mittees a report on the results of such review. 

9 SEC. 243. REPORT ON THREE-DIMENSIONAL INTEGRATED 

10 CIRCUIT MANUFACTURING CAPABILITIES. 

11 (a) ASSESSMENT.—The Secretary of Defense shall 

12 conduct a comprehensive assessment regarding the manu13 facturing capability of the United States to produce three14 dimensional integrated circuits to serve the national de15 fense interests of the United States. 

16 (b) ELEMENTS.—The assessment under subsection 

17 (a) shall include— 

18 (1) an assessment of the military requirements 

19 for using three-dimensional integrated circuits in fu20 ture microelectronic systems; 

21 (2) an assessment of the current domestic com22 mercial capability to develop and manufacture three23 dimensional integrated circuits for use in military 

24 systems, including a plan for alternative sources to 


smartinez on DSK6TPTVN1PROD with BILLS
86 

HR 4310 RFS

1 supply such circuits in case of shortages in the do2 mestic supply; 

3 (3) an assessment of the feasibility, as well as 

4 planning and design requirements, for the develop5 ment of a domestic manufacturing capability for 

6 three-dimensional integrated circuits; and 

7 (4) an assessment of any challenges that may 

8 exist in the manufacturing capability of the United 

9 States to produce three-dimensional integrated cir10 cuits (including a review of the challenges that may 

11 exist in the manufacturing capability of the United 

12 States to produce small-lot quantities of advanced 

13 chips (200mm and 300mm)) and a general analysis 

14 on potential ways to overcome these challenges and 

15 encourage domestic commercial capability to develop 

16 and manufacture three-dimensional integrated cir17 cuits for use in military systems. 

18 (c) REPORT.—Not later than 90 days after the date 

19 of the enactment of this Act, the Secretary shall submit 

20 to the congressional defense committees a report on the 

21 assessment under subsection (a). 

22 (d) FORM.—The report under subsection (c) shall be 

23 submitted in unclassified form, but may include a classi24 fied annex. 


smartinez on DSK6TPTVN1PROD with BILLS
87 

HR 4310 RFS

1 SEC. 244. REPORT ON EFFORTS TO FIELD NEW DIRECTED 

2 ENERGY WEAPONS. 

3 (a) REPORT.—Not later than 180 days after the date 

4 of the enactment of this Act, the Secretary of Defense 

5 shall submit to the congressional defense committees a re6 port summarizing efforts within the Department of De7 fense to transition mature and maturing directed energy 

8 technologies to new operational weapon systems during 

9 the five- to- ten-year period beginning on the date of the 

10 report. 

11 (b) MATTERS INCLUDED.—The report under sub12 section (a) shall include the following: 

13 (1) Thorough assessments of— 

14 (A) the maturity of high-energy laser, 

15 high-power microwave, and millimeter wave 

16 non-lethal technologies, both domestically and 

17 foreign; 

18 (B) missions for which directed energy 

19 weapons could be used to substantially enhance 

20 the current and planned military capabilities of 

21 the United States; 

22 (C) the potential for new directed energy 

23 systems to reduce requirements for expendable 

24 air and missile defense weapons; 

25 (D) the status of and prognosis for foreign 

26 directed energy programs; 


smartinez on DSK6TPTVN1PROD with BILLS
88 

HR 4310 RFS

1 (E) the potential vulnerabilities of military 

2 systems of the United States to foreign directed 

3 energy weapons and efforts by the Secretary to 

4 mitigate such vulnerabilities; and 

5 (F) a summary of actions the Secretary is 

6 taking to ensure that the military will be the 

7 global leader in directed energy capabilities. 

8 (2) In light of the suitability of surface ships to 

9 support a solid-state laser weapon based on mature 

10 and maturing technologies, whether— 

11 (A) the Department of the Navy should be 

12 designated as lead service for fielding a 100 to 

13 200 kilowatt-class laser to defend surface ships 

14 against unmanned aircraft, cruise missile, and 

15 fast attack craft threats; and 

16 (B) the Secretary of the Navy should ini17 tiate a program of record to begin fielding a 

18 ship-based solid-state laser weapon system. 

19 (3) In light of the potential effectiveness of 

20 high-power microwave weapons against sensors, bat21 tle management, and integrated air defense net22 works, whether— 

23 (A) the Department of the Navy and the 

24 Department of the Air Force should be des25 ignated as lead services for integrating highVerDate Mar 15 2010 01:00 Jun 20, 2012 Jkt 019200 PO 00000 Frm 00088 Fmt 6652 Sfmt 6201 E:\BILLS\H4310.RFS H4310

smartinez on DSK6TPTVN1PROD with BILLS
89 

HR 4310 RFS

1 power microwave weapons on small air vehicles, 

2 including cruise missiles and unmanned air3 craft; and 

4 (B) the Secretary of the Air Force should 

5 initiate a program of record to field a cruise 

6 missile- or unmanned air vehicle-based high7 power microwave weapon. 

8 (4) In light of the potential of mature chemical 

9 laser technologies to counter air and ballistic missile 

10 threats from relocatable fixed sites, whether the Sec11 retary of the Army should initiate a program of 

12 record to develop and field a multi-megawatt class 

13 chemical laser weapon system to defend forward air14 fields, ports, and other theater bases critical to fu15 ture operations. 

16 (5) Whether the investments by the Secretary 

17 of Defense in high-energy laser weapons research, 

18 development, test, and evaluation are appropriately 

19 prioritized across each military department and de20 fense-wide accounts to support the weaponization of 

21 mature and maturing directed energy technologies 

22 during the five- to- ten-year period beginning on the 

23 date of the report, including whether sufficient funds 

24 are allocated within budget area 4 and higher acVerDate Mar 15 2010 01:00 Jun 20, 2012 Jkt 019200 PO 00000 Frm 00089 Fmt 6652 Sfmt 6201 E:\BILLS\H4310.RFS H4310

smartinez on DSK6TPTVN1PROD with BILLS
90 

HR 4310 RFS

1 counts to prepare for near term weaponization op2 portunities. 

3 (c) FORM.—The report under subsection (a) shall be 

4 unclassified, but may include a classified annex. 

5 SEC. 245. REPORT ON AIR FORCE CYBER OPERATIONS. 

6 Not later than 180 days after the date of the enact7 ment of this Act, the Secretary of Defense shall submit 

8 to the congressional defense committees a study of Air 

9 Force cyber operations research, science, and technology. 

10 The report shall include following: 

11 (1) The near-, mid- and far-term research and 

12 development priorities of the Secretary with respect 

13 to cyber operations, including the resources needed 

14 to execute such priorities. 

15 (2) The percentage of research and development 

16 funding of the Air Force that is used to support 

17 cyber operations during each year covered by the fu18 ture-years defense program submitted to Congress 

19 during 2012 under section 221 of title 10, United 

20 States Code. 

21 (3) The anticipated role of each of the installa22 tions of the Air Force Research Laboratory with re23 spect to cybersecurity research and development and 

24 operational support during each year covered by 

25 such future-years defense program. 


smartinez on DSK6TPTVN1PROD with BILLS
91 

HR 4310 RFS

1 (4) The resources, including both personnel and 

2 funding, that are projected to support the Air Force 

3 Research Laboratory in fulfilling such roles. 

4 (5) Anticipated budget actions, if any, that the 

5 Secretary of Defense and the Secretary of the Air 

6 Force plan to take during fiscal year 2013 to ensure 

7 that the Department of Defense and the Air Force 

8 maintain the leadership role in cyber research. 

9 (6) The plan of the Secretary of the Air Force 

10 to integrate cyber operations into military oper11 ations. 

12 (7) The ways in which the Secretary is recruit13 ing and retaining scientists and engineers at the Air 

14 Force Research Laboratory involved with cyber oper15 ations research, including the use of the authorities 

16 granted under the laboratory demonstration pro17 gram established by Section 342 of the National De18 fense Authorization Act for Fiscal Year1995 and 

19 section 1114 of the National Defense Authorization 

20 Act for Fiscal Year 2001. 

21 (8) Efforts to coordinate science and technology 

22 cyber activities of the Air Force Research Labora23 tory with other Air Force organizations, including 

24 the Air Force Institute of Technology and the Air 


smartinez on DSK6TPTVN1PROD with BILLS
92 

HR 4310 RFS

1 Force Institute of Technology Center for Cyberspace 

2 Research. 

3 (9) The potential benefit to the Air Force for 

4 collaboration with private industry and the develop5 ment of cyber security technology clusters. 

6 Subtitle E—Other Matters 

7 SEC. 251. ELIGIBILITY FOR DEPARTMENT OF DEFENSE 

8 LABORATORIES TO ENTER INTO EDU9 CATIONAL PARTNERSHIPS WITH EDU10 CATIONAL INSTITUTIONS IN TERRITORIES 

11 AND POSSESSIONS OF THE UNITED STATES. 

12 (a) ELIGIBILITY OF INSTITUTIONS IN TERRITORIES

13 AND POSSESSIONS.—Section 2194(f) of title 10, United 

14 States Code, is amended by adding at the end the fol15 lowing new paragraph: 

16 ‘‘(3) The term ‘United States’ includes the 

17 Commonwealth of Puerto Rico, the Commonwealth 

18 of the Northern Mariana Islands, and any other ter19 ritory or possession of the United States.’’. 

20 (b) TECHNICAL AMENDMENT.—Paragraph (2) of 

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

22 before the period. 

23 SEC. 252. REGIONAL ADVANCED TECHNOLOGY CLUSTERS. 

24 (a) DEVELOPMENT OF INNOVATIVE ADVANCED

25 TECHNOLOGIES.—The Secretary of Defense may use the 


smartinez on DSK6TPTVN1PROD with BILLS
93 

HR 4310 RFS

1 research and engineering network of the Department of 

2 Defense, including the organic industrial base, to support 

3 regional advanced technology clusters established by the 

4 Secretary of Commerce to encourage the development of 

5 innovative advanced technologies, including advanced ro6 botics, advanced defense systems, power and energy inno7 vations, systems to mitigate manmade and naturally oc8 curring electromagnetic pulse or high-powered micro9 waves, cybersecurity and applied lightweight materials, to 

10 address national security and homeland defense chal11 lenges. 

12 (b) DESIGNATION OF LEAD OFFICE.—Not later than 

13 60 days after the date of the enactment of this Act, the 

14 Under Secretary of Defense for Acquisition, Technology, 

15 and Logistics shall— 

16 (1) designate an office within the Department 

17 of Defense with the lead responsibility for enhancing 

18 the use of regional advanced technology clusters by 

19 the Department; and 

20 (2) notify the appropriate congressional com21 mittees of such designation. 

22 (c) REPORT.—Not later than 180 days after the date 

23 of the enactment of this Act, the Under Secretary shall 

24 submit to the appropriate congressional committees a re25 port describing— 


smartinez on DSK6TPTVN1PROD with BILLS
94 

HR 4310 RFS

1 (1) the participation of the Department of De2 fense in regional advanced technology clusters; 

3 (2) implementation by the Department of proc4 esses and tools to facilitate collaboration with the 

5 clusters; and 

6 (3) agreements established by the Department 

7 with the Department of Commerce to jointly support 

8 the continued growth of the clusters. 

9 (d) COLLABORATION.—The Secretary of Defense 

10 may meet, collaborate, and share resources with other 

11 Federal agencies for purposes of assisting in the expansion 

12 of regional advanced technology clusters under this sec13 tion. 

14 (e) DEFINITIONS.—In this section: 

15 (1) The term ‘‘appropriate congressional com16 mittees’’ means— 

17 (A) the congressional defense committees; 

18 (B) the Committee on Commerce, Science, 

19 and Transportation of the Senate; and 

20 (C) the Committee on Energy and Com21 merce of the House of Representatives. 

22 (2) The term ‘‘regional advanced technology 

23 clusters’’ means geographic centers focused on build24 ing science and technology-based innovation capacity 


smartinez on DSK6TPTVN1PROD with BILLS
95 

HR 4310 RFS

1 in areas of local and regional strength to foster eco2 nomic growth and improve quality of life. 

3 SEC. 253. BRIEFING ON POWER AND ENERGY RESEARCH 

4 CONDUCTED AT UNIVERSITY AFFILIATED RE5 SEARCH CENTER. 

6 Not later than February 28, 2013, the Secretary of 

7 Defense shall brief the Committees on Armed Services of 

8 the Senate and House of Representatives on power and 

9 energy research conducted at the University Affiliated Re10 search Centers. The briefing shall include— 

11 (1) a description of research conducted with 

12 other university based energy centers; and 

13 (2) a description of collaboration efforts with 

14 university-based research centers on energy research 

15 and development activities, particularly with centers 

16 that have an expertise in energy efficiency and re17 newable energy, including— 

18 (A) lighting; 

19 (B) heating; 

20 (C) ventilation and air-conditioning sys21 tems; and 

22 (D) renewable energy integration. 


smartinez on DSK6TPTVN1PROD with BILLS
96 

HR 4310 RFS

1 TITLE III—OPERATION AND 

2 MAINTENANCE 

3 Subtitle A—Authorization of 

4 Appropriations 

5 SEC. 301. OPERATION AND MAINTENANCE FUNDING. 

6 Funds are hereby authorized to be appropriated for 

7 fiscal year 2013 for the use of the Armed Forces and other 

8 activities and agencies of the Department of Defense for 

9 expenses, not otherwise provided for, for operation and 

10 maintenance, as specified in the funding table in section 

11 4301. 

12 SEC. 302. AUTHORIZATION OF APPROPRIATIONS OF FUNDS 

13 FOR INACTIVATION EXECUTION OF U.S.S. EN14 TERPRISE. 

15 (a) AUTHORIZATION OF APPROPRIATIONS.—Funds 

16 are hereby authorized to be appropriated to the Secretary 

17 of the Navy for fiscal year 2013 for inactivation execution 

18 of the U.S.S. Enterprise (CVN 65) as specified in the 

19 funding table in section 4301. 

20 (b) LIMITATION.—The total amount obligated and 

21 expended by the Secretary of the Navy for the inactivation 

22 execution of the U.S.S. Enterprise may not exceed 

23 $708,000,000. 

24 (c) CONTRACT AUTHORITY.— 


smartinez on DSK6TPTVN1PROD with BILLS
97 

HR 4310 RFS

1 (1) IN GENERAL.—Subject to the availability of 

2 funds under subsection (a) and the condition in 

3 paragraph (2), the Secretary of the Navy may enter 

4 into a contract during fiscal year 2013 for the inac5 tivation execution of the U.S.S. Enterprise. 

6 (2) CONDITION FOR OUT-YEAR CONTRACT PAY7 MENTS.—A contract entered into under paragraph 

8 (1) shall provide that any obligation of the United 

9 States to make a payment under the contract for a 

10 fiscal year after fiscal year 2013 is subject to the 

11 availability of appropriations for that purpose for 

12 that fiscal year. 

13 Subtitle B—Energy and 

14 Environmental Provisions 

15 SEC. 311. TRAINING RANGE SUSTAINMENT PLAN AND 

16 TRAINING RANGE INVENTORY. 

17 Section 366 of the Bob Stump National Defense Au18 thorization Act for Fiscal Year 2003 (Public Law 107– 

19 314; 116 Stat. 2522; 10 U.S.C. 113 note), as most re20 cently amended by section 348 of the John Warner Na21 tional Defense Authorization Act for Fiscal Year 2007 

22 (Public Law 109–364; 120 Stat. 2159) is amended in sub23 sections (a)(5) and (c)(2), by striking ‘‘fiscal years 2005 

24 through 2013’’ and inserting ‘‘fiscal years 2005 through 

25 2018’’. 


smartinez on DSK6TPTVN1PROD with BILLS
98 

HR 4310 RFS

1 SEC. 312. MODIFICATION OF DEFINITION OF CHEMICAL 

2 SUBSTANCE. 

3 Section 3(2)(B)(v) of the Toxic Substances Control 

4 Act (15 U.S.C. 2602(2)(B)(v)) is amended by inserting 

5 ‘‘, or any component of any such article including, without 

6 limitation, shot, bullets and other projectiles, propellants, 

7 and primers’’ before ‘‘, and’’. 

8 SEC. 313. EXEMPTION OF DEPARTMENT OF DEFENSE FROM 

9 ALTERNATIVE FUEL PROCUREMENT RE10 QUIREMENT. 

11 Section 526 of the Energy Independence and Security 

12 Act of 2007 (Public Law 110–140; 42 U.S.C. 17142) is 

13 amended by adding at the end the following: ‘‘This section 

14 shall not apply to the Department of Defense.’’. 

15 SEC. 314. LIMITATION ON AVAILABILITY OF FUNDS FOR 

16 PROCUREMENT OF ALTERNATIVE FUEL. 

17 (a) LIMITATION.—Except as provided in subsection 

18 (b), none of the funds authorized to be appropriated by 

19 this Act or otherwise made available during fiscal year 

20 2013 for the Department of Defense may be obligated or 

21 expended for the production or purchase of any alternative 

22 fuel if the cost of producing or purchasing the alternative 

23 fuel exceeds the cost of producing or purchasing a tradi24 tional fossil fuel that would be used for the same purpose 

25 as the alternative fuel. 


smartinez on DSK6TPTVN1PROD with BILLS
99 

HR 4310 RFS

1 (b) EXCEPTION.—Notwithstanding subsection (a), 

2 the Secretary of Defense may purchase such limited quan3 tities of alternative fuels as are necessary to complete fleet 

4 certification for 50/50 blends. In such instances, the Sec5 retary shall purchase such alternative fuel using competi6 tive procedures and ensure the best purchase price for the 

7 fuel. 

8 SEC. 315. PLAN ON ENVIRONMENTAL EXPOSURES TO MEM9 BERS OF THE ARMED FORCES. 

10 (a) PLAN.—Not later than 150 days after the date 

11 of the enactment of this Act, the Secretary of Defense 

12 shall develop a plan on the time line of the Secretary to 

13 develop a material solution to measure environmental ex14 posures to members of the Armed Forces in the conti15 nental United States and outside the continental United 

16 States. 

17 (b) MATTERS INCLUDED.—The plan under sub18 section (a) shall include the following: 

19 (1) A time line for identifying relevant materiel 

20 solutions that would facilitate the Secretary identi21 fying members of the Armed Forces who have indi22 vidual exposures to environmental hazards. 

23 (2) A time line, and estimated cost, of devel24 oping and deploying the material solution described 

25 in paragraph (1). 


smartinez on DSK6TPTVN1PROD with BILLS
100 

HR 4310 RFS

1 (3) A system for collecting and maintaining ex2 posure data and a description of the content re3 quired. 

4 (4) An identification of the categories of envi5 ronmental exposures that will be tracked, including 

6 burn pits, dust or sand, water contamination, haz7 ardous materials, and waste. 

8 (5) A summary of ongoing research into health 

9 consequences of military environmental exposures 

10 and areas where additional research is needed. 

11 (6) A status report on the sharing of environ12 mental exposure data with the Secretary of Veterans 

13 Affairs on an ongoing and regular basis for use in 

14 medical and treatment records of veterans, including 

15 using such data in determining the service-connect16 edness of health conditions and in identifying the 

17 possible origins and causes of disease. 

18 (c) BRIEFING.—Not later than 180 days after the 

19 date of the enactment of this Act, the Secretary shall pro20 vide to the congressional defense committees a briefing on 

21 the plan developed under subsection (a). 

22 SEC. 316. SOUTHERN SEA OTTER MILITARY READINESS 

23 AREAS. 

24 (a) ESTABLISHMENT OF THE SOUTHERN SEA OTTER

25 MILITARY READINESS AREAS.—Chapter 136 of title 10, 


smartinez on DSK6TPTVN1PROD with BILLS
101 

HR 4310 RFS

1 United States Code, is amended by adding at the end the 

2 following new section: 

3 ‘‘§ 2283. Establishment of the Southern Sea Otter 

4 Military Readiness Areas 

5 ‘‘(a) ESTABLISHMENT.—The Secretary of Defense 

6 shall establish areas, to be known as ‘Southern Sea Otter 

7 Military Readiness Areas’, for national defense purposes. 

8 Such areas shall include each of the following: 

9 ‘‘(1) The area that includes Naval Base Ven10 tura County, San Nicolas Island, and Begg Rock 

11 and the adjacent and surrounding waters within the 

12 following coordinates: 

13 ‘‘N. Latitude/W. Longitude 

14 ‘‘33°27.8′/119°34.3′ 

15 ‘‘33°20.5′/119°15.5′ 

16 ‘‘33°13.5′/119°11.8′ 

17 ‘‘33°06.5′/119°15.3′ 

18 ‘‘33°02.8′/119°26.8′ 

19 ‘‘33°08.8′/119°46.3′ 

20 ‘‘33°17.2′/119°56.9′ 

21 ‘‘33°30.9′/119°54.2′. 

22 ‘‘(2) The area that includes Naval Base Coro23 nado, San Clemente Island and the adjacent and 

24 surrounding waters running parallel to shore to 3 

25 nautical miles from the high tide line, as designated 


smartinez on DSK6TPTVN1PROD with BILLS
102 

HR 4310 RFS

1 by part 165 of title 33, Code of Federal Regulations, 

2 on May 20, 2010, as the San Clemente Island 3NM 

3 Safety Zone. 

4 ‘‘(3) The area that includes Marine Corps Base 

5 Camp Pendleton and the adjacent waters within the 

6 following coordinates: 

7 ‘‘Latitude/W. Longitude 

8 ‘‘33°26.6′/117°38.9′ 

9 ‘‘33°21.3′/117°45.8′ 

10 ‘‘32°56.2′/117°39.7′ 

11 ‘‘33°6.5′/117°28.5′ 

12 ‘‘33°10.2′/117°23.7′ 

13 ‘‘33°11.8′/117°23.2′ 

14 ‘‘33°26.6′/117°38.9′. 

15 ‘‘(b) ACTIVITIES WITHIN THE SOUTHERN SEA

16 OTTER MILITARY READINESS AREAS.— 

17 ‘‘(1) INCIDENTAL TAKINGS UNDER ENDAN18 GERED SPECIES ACT OF 1973.—Sections 4 and 9 of 

19 the Endangered Species Act of 1973 (16 U.S.C. 

20 1533, 1538) shall not apply with respect to the inci21 dental taking of any southern sea otter in the South22 ern Sea Otter Military Readiness Areas in the 

23 course of conducting a military readiness activity. 

24 ‘‘(2) INCIDENTAL TAKINGS UNDER MARINE

25 MAMMAL PROTECTION ACT OF 1972.—Sections 101 


smartinez on DSK6TPTVN1PROD with BILLS
103 

HR 4310 RFS

1 and 102 of the Marine Mammal Protection Act of 

2 1972 (16 U.S.C. 1371, 1372) shall not apply with 

3 respect to the incidental taking of any southern sea 

4 otter in the Southern Sea Otter Military Readiness 

5 Areas in the course of conducting military readiness 

6 activities. 

7 ‘‘(3) TREATMENT AS SPECIES PROPOSED TO BE

8 LISTED.—For purposes of any military readiness ac9 tivity, any southern sea otter while within the South10 ern Sea Otter Military Readiness Areas shall be 

11 treated for the purposes of section 7 of the Endan12 gered Species Act of 1973 (16 U.S.C. 1536) as a 

13 member of a species that is proposed to be listed as 

14 an endangered species or a threatened species under 

15 section 4 of the Endangered Species Act of 1973 (16 

16 U.S.C. 1533). 

17 ‘‘(c) REMOVAL.—Nothing in this section or any other 

18 Federal law shall be construed to require the removal of 

19 any southern sea otter located within the Southern Sea 

20 Otter Military Readiness Areas as of the date of the enact21 ment of this section or thereafter. 

22 ‘‘(d) REVISION OR TERMINATION OF EXCEPTIONS.— 

23 The Secretary of the Interior may revise or terminate the 

24 application of subsection (b) if the Secretary of the Inte25 rior, in consultation with, and with the concurrence of, the 


smartinez on DSK6TPTVN1PROD with BILLS
104 

HR 4310 RFS

1 Secretary of the Navy, determines that military activities 

2 occurring in the Southern Sea Otter Military Readiness 

3 Areas are substantially impeding southern sea otter con4 servation or the return of southern sea otters to optimum 

5 sustainable population levels. 

6 ‘‘(e) MONITORING.— 

7 ‘‘(1) IN GENERAL.—The Secretary of the Navy, 

8 in consultation and in cooperation with the Sec9 retary of the Interior, shall monitor the Southern 

10 Sea Otter Military Readiness Areas not less often 

11 than every year to evaluate the status of the south12 ern sea otter population. 

13 ‘‘(2) REPORTS.—Within 18 months after the ef14 fective date of this section and every three years 

15 thereafter, the Secretaries of the Navy and the Inte16 rior shall jointly report to Congress and the public 

17 on monitoring undertaken pursuant to paragraph 

18 (1). 

19 ‘‘(f) DEFINITIONS.—In this section: 

20 ‘‘(1) The term ‘incidental taking’ means any 

21 take of a southern sea otter that is incidental to, 

22 and not the purpose of, the carrying out of an other23 wise lawful activity. 

24 ‘‘(2) The term ‘optimum sustainable population’ 

25 means, with respect to any population stock, the 


smartinez on DSK6TPTVN1PROD with BILLS
105 

HR 4310 RFS

1 number of animals that will result in the maximum 

2 productivity of the population or the species, keeping 

3 in mind the carrying capacity of the habitat and the 

4 health of the ecosystem of which they form a con5 stituent element. 

6 ‘‘(3) The term ‘southern sea otter’ means any 

7 member of the subspecies Enhydra lutris nereis. 

8 ‘‘(4) The term ‘take’— 

9 ‘‘(A) when used in reference to activities 

10 subject to regulation by the Endangered Species 

11 Act of 1973 (16 U.S.C. 1531–1544) shall have 

12 the meaning given such term in that Act; and 

13 ‘‘(B) when used in reference to activities 

14 subject to regulation by the Marine Mammal 

15 Protection Act of 1972 (16 U.S.C. 1361– 

16 1423h), shall have the meaning given such term 

17 in that Act. 

18 ‘‘(5) The term ‘military readiness activity’ has 

19 the meaning given that term in section 315(f) of the 

20 Bob Stump National Defense Authorization Act for 

21 Fiscal Year 2003 (Public Law 107–314; 16 U.S.C. 

22 703 note), and includes all training and operations 

23 of the Armed Forces that relate to combat, and the 

24 adequate and realistic testing of military equipment, 


smartinez on DSK6TPTVN1PROD with BILLS
106 

HR 4310 RFS

1 vehicles, weapons, and sensors for proper operation 

2 and suitability for combat use.’’. 

3 (b) CLERICAL AMENDMENT.—The table of sections 

4 at the beginning of such chapter is amended by adding 

5 at the end the following: 

‘‘2283. Establishment of the Southern Sea Otter Military Readiness Areas.’’. 

6 (c) CONSERVATION AND MANAGEMENT ACTIONS.— 

7 Section 1 of Public Law 99–625 (16 U.S.C. 1536 note) 

8 is amended by adding at the end the following: 

9 ‘‘(g) CONSERVATION AND MANAGEMENT ACTIONS.— 

10 If the Secretary issues a final rule ending the management 

11 plan authorized under subsection (b) through the termi12 nation of the regulations implementing such plan— 

13 ‘‘(1) the Secretary, in planning and imple14 menting recovery and conservation measures under 

15 the Act to allow for the expansion of the range of 

16 the population of the sea otter, shall coordinate and 

17 cooperate with— 

18 ‘‘(A) the Secretary of the Navy; 

19 ‘‘(B) the Secretary of Commerce regarding 

20 recovery efforts for species listed under the Act; 

21 and 

22 ‘‘(C) the State of California to assist the 

23 State in continuing viable commercial harvest of 

24 State fisheries; and 


smartinez on DSK6TPTVN1PROD with BILLS
107 

HR 4310 RFS

1 ‘‘(2) interaction with sea otters in the course of 

2 engaging in fishing in any State fishery south of 

3 Point Conception, California, under an authorization 

4 issued by the State of California shall not be treated 

5 as a violation of section 9 of the Act for incidental 

6 take or of the Marine Mammal Protection Act of 

7 1972.’’. 

8 SEC. 317. AUTHORITY OF SECRETARY OF A MILITARY DE9 PARTMENT TO ENTER INTO COOPERATIVE 

10 AGREEMENTS WITH INDIAN TRIBES FOR 

11 LAND MANAGEMENT ASSOCIATED WITH MILI12 TARY INSTALLATIONS AND STATE-OWNED 

13 NATIONAL GUARD INSTALLATIONS. 

14 (a) INCLUSION OF INDIAN TRIBES.—Section 103A(a) 

15 of the Sikes Act (16 U.S.C. 670c–1(a)) is amended in the 

16 matter preceding paragraph (1) by inserting ‘‘Indian 

17 tribes,’’ after ‘‘local governments,’’. 

18 (b) INDIAN TRIBE DEFINED.—Section 100 of such 

19 Act (16 U.S.C. 670) is amended by adding at the end the 

20 following new paragraph: 

21 ‘‘(6) INDIAN TRIBE.—The term ‘Indian tribe’ 

22 means any Indian tribe, band, nation, or other orga23 nized group or community, including any Alaska Na24 tive village or regional or village corporation as de25 fined in or established pursuant to the Alaska NaVerDate Mar 15 2010 01:00 Jun 20, 2012 Jkt 019200 PO 00000 Frm 00107 Fmt 6652 Sfmt 6201 E:\BILLS\H4310.RFS H4310

smartinez on DSK6TPTVN1PROD with BILLS
108 

HR 4310 RFS

1 tive Claims Settlement Act (43 U.S.C. 1601 et seq.), 

2 which is recognized as eligible for the special pro3 grams and services provided by the United States to 

4 Indians because of their status as Indians.’’. 

5 SEC. 318. SENSE OF CONGRESS REGARDING DECON6 TAMINATION OF FORMER BOMBARDMENT 

7 AREA ON ISLAND OF CULEBRA, PUERTO 

8 RICO. 

9 (a) FINDINGS.—The Congress finds the following— 

10 (1) Section 2815 of the Ike Skelton National 

11 Defense Authorization Act for Fiscal Year 2011 

12 (Public Law 111–383; 124 Stat. 4464) requires the 

13 Secretary of Defense within 270 days of receiving a 

14 request from the government of Puerto Rico, to con15 duct a study assessing the presence of unexploded 

16 ordnance, and any threat to public health, public 

17 safety and the environment posed by such 

18 unexploded ordnance, in the portion of the former 

19 bombardment area on the island of Culebra, Puerto 

20 Rico, that was transferred to the government of 

21 Puerto Rico by quitclaim deed on August 11, 1982. 

22 (2) On April 25, 2011, the Governor of Puerto 

23 Rico formally requested by letter that the Secretary 

24 of Defense commence this study. 


smartinez on DSK6TPTVN1PROD with BILLS
109 

HR 4310 RFS

1 (3) On May 25, 2011, the Deputy Under Sec2 retary of Defense for Installations and Environment 

3 acknowledged receipt of the Governor’s letter on be4 half of the Secretary of Defense, and affirmed that 

5 the Department of Defense would conduct the study 

6 in accordance with such section 2815 and provide 

7 the final report to Congress no later than 270 days 

8 from the date of the Governor’s letter. 

9 (4) January 20, 2012, marked the date 270 

10 days after the Governor’s letter of April 25, 2011. 

11 (5) Section 204(c) of the Military Construction 

12 Authorization Act, 1974 (Public Law 93–166; 87 

13 Stat. 668) stated that ‘‘the present bombardment 

14 area on the island of Culebra shall not be utilized 

15 for any purpose that would require decontamination 

16 at the expense of the United States.’’ The Depart17 ment of Defense has interpreted this provision to 

18 constitute a permanent prohibition on the use of 

19 Federal funds in the area of Culebra referenced in 

20 such section to pay for decontamination and removal 

21 of unexploded ordnance, although it may be war22 ranted to protect public health, public safety, and 

23 the environment. 

24 (b) SENSE OF CONGRESS.—It is the sense of Con25 gress that— 


smartinez on DSK6TPTVN1PROD with BILLS
110 

HR 4310 RFS

1 (1) the Secretary of Defense should expedi2 tiously submit to the Committees on Armed Services 

3 of the Senate and House of Representatives the final 

4 report prepared in accordance with section 2815 of 

5 the Ike Skelton National Defense Authorization Act 

6 for Fiscal Year 2011 (Public Law 111–383; 124 

7 Stat. 4464); 

8 (2) if that report indicates that decontamina9 tion and removal of unexploded ordnance in the por10 tion of the former bombardment area on Culebra 

11 that was transferred to the government of Puerto 

12 Rico by quitclaim deed on August 11, 1982, could 

13 be conducted at reasonable cost to the Federal Gov14 ernment, it is appropriate for Congress to amend 

15 section 204(c) of the Military Construction Author16 ization Act, 1974 (Public Law 93–166; 87 Stat. 

17 668) to authorize such decontamination and removal 

18 of unexploded ordnance; and 

19 (3) any removal of unexploded ordnance should 

20 be accomplished pursuant to the normal 

21 prioritization process established by the Department 

22 of Defense under the Military Munitions Response 

23 Program within the Defense Environmental Restora24 tion Program. 


smartinez on DSK6TPTVN1PROD with BILLS
111 

HR 4310 RFS

1 Subtitle C—Logistics and 

2 Sustainment 

3 SEC. 321. EXPANSION AND REAUTHORIZATION OF MULTI4 TRADES DEMONSTRATION PROJECT. 

5 (a) EXPANSION.—Section 338 of the National De6 fense Authorization Act for Fiscal Year 2004 (Public Law 

7 108–136; 10 U.S.C. 5013 note), as most recently amended 

8 by section 329 of the National Defense Authorization Act 

9 for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 67), 

10 is amended— 

11 (1) by striking subsection (a) and inserting the 

12 following new subsection: 

13 ‘‘(a) DEMONSTRATION PROJECT AUTHORIZED.—In 

14 accordance with subsection 4703 of title 5, United States 

15 Code, the Secretary of a military department may carry 

16 out a demonstration project at facilities described in sub17 section (b) under which workers who are certified at the 

18 journey level as able to perform multiple trades shall be 

19 promoted by one grade level.’’; and 

20 (2) in subsection (b), by striking ‘‘Logistics 

21 Center, Navy Fleet Readiness Center,’’ and inserting 

22 ‘‘Logistics Complex, Navy Fleet Readiness Center, 

23 Navy shipyard, Marine Corps Logistics Base,’’. 

24 (b) REAUTHORIZATION.—Such section is further 

25 amended— 


smartinez on DSK6TPTVN1PROD with BILLS
112 

HR 4310 RFS

1 (1) in subsection (d), by striking ‘‘2013’’ and 

2 inserting ‘‘2018’’; and 

3 (2) in subsection (e), by striking ‘‘2014’’ and 

4 inserting ‘‘2019’’. 

5 SEC. 322. DEPOT-LEVEL MAINTENANCE AND REPAIR. 

6 (a) AMENDMENTS TO DEFINITION OF DEPOT-LEVEL

7 MAINTENANCE AND REPAIR.—Section 2460 of title 10, 

8 United States Code, is amended— 

9 (1) in paragraph (1)— 

10 (A) by inserting after ‘‘software’’ the fol11 lowing: ‘‘during the course of a customary 

12 depot-level maintenance action’’; and 

13 (B) by striking ‘‘or the modification or re14 build of end-items,’’ and inserting ‘‘retrofit, 

15 modification, upgrade, or rebuild of end items, 

16 components,’’; 

17 (2) in paragraph (1)(B), by striking ‘‘and’’ at 

18 the end; 

19 (3) in paragraph (2)(B), by striking ‘‘change 

20 events made to operational software, integration and 

21 testing’’ and inserting ‘‘and change events (including 

22 integration and testing) made to operational soft23 ware’’; 

24 (4) in paragraph (2)(C), by striking the period 

25 and inserting ‘‘; and’’; and 


smartinez on DSK6TPTVN1PROD with BILLS
113 

HR 4310 RFS

1 (5) by adding at the end the following new 

2 paragraph: 

3 ‘‘(3) excludes— 

4 ‘‘(A) the nuclear refueling or defueling of 

5 an aircraft carrier and any concurrent complex 

6 overhaul; and 

7 ‘‘(B) the procurement of major modifica8 tions or upgrades designed to significantly im9 prove the performance or safety of a weapon 

10 system or major end item.’’. 

11 (b) AMENDMENTS RELATING TO CORE DEPOT12 LEVEL MAINTENANCE AND REPAIR CAPABILITIES.— 

13 (1) ASSOCIATED CAPACITY.—Section 

14 2464(a)(3)(A) of title 10, United States Code, is 

15 amended by striking ‘‘and capacity required in para16 graph (1)’’ and inserting ‘‘required in paragraph (1) 

17 and the associated capacity to maintain those capa18 bilities in accordance with paragraph (2)’’. 

19 (2) DIRECT SUPPORT OF ASSOCIATED LOGIS20 TICS CAPABILITIES.—Section 2464(a)(3)(B) of such 

21 title is amended by inserting ‘‘in direct support of 

22 depot-level maintenance and repair’’ after ‘‘associ23 ated logistics capabilities’’. 

24 (3) TIME OF FIELDING.—Section 2464(a)(3) of 

25 such title is further amended by adding at the end 


smartinez on DSK6TPTVN1PROD with BILLS
114 

HR 4310 RFS

1 the following new sentence: ‘‘If a weapon system or 

2 item of military equipment does not have an offi3 cially scheduled initial operational capability, the 

4 weapon system or item is considered fielded at the 

5 time when, as part of combined or individual oper6 ation, it provides a warfighting capability, unless the 

7 Secretary waives this paragraph under subsection 

8 (b)(1)(A) based on a determination that the system 

9 or item is not an enduring element of the national 

10 defense strategy.’’. 

11 (3) REQUIREMENT TO NOTIFY CONGRESS BE12 FORE ISSUANCE OF WAIVER.—Section 2464(b)(3) of 

13 such title is amended by striking ‘‘within 30 days of 

14 issuance’’ and inserting ‘‘at least 30 days before 

15 issuance of the waiver’’. 

16 (4) PROHIBITION ON DELEGATION OF CERTAIN

17 WAIVER AUTHORITY.—Section 2464(b) of such title 

18 is amended by adding at the end the following new 

19 paragraph: 

20 ‘‘(4) The authority of the Secretary of Defense to 

21 waive the requirement in subsection (a)(3) on the basis 

22 of a determination under paragraph (1)(A) or (1)(B) may 

23 not be delegated.’’. 


smartinez on DSK6TPTVN1PROD with BILLS
115 

HR 4310 RFS

1 (5) EXCLUSION OF NUCLEAR AIRCRAFT CAR2 RIERS AND SPECIAL ACCESS PROGRAMS.—Section 

3 2464 of such title is further amended— 

4 (A) by redesignating subsections (d), (e), 

5 (f), and (g) as subsections (e), (f), (g), and (h), 

6 respectively; and 

7 (B) by inserting after subsection (c) the 

8 following new subsection (d): 

9 ‘‘(d) EXCLUSION OF NUCLEAR AIRCRAFT CARRIERS

10 AND SPECIAL ACCESS PROGRAMS.—(1) The requirement 

11 in subsection (a)(3) shall not apply to nuclear aircraft car12 riers. 

13 ‘‘(2) The requirement in subsection (a)(3) shall not 

14 apply to special access programs.’’. 

15 (6) ANNUAL SPECIAL ACCESS PROGRAM CORE

16 CAPABILITY REVIEW.—Section 2464 of such title is 

17 further amended by adding at the end the following 

18 new subsection: 

19 ‘‘(i) BIENNIAL SPECIAL ACCESS PROGRAM CORE CA20 PABILITY REVIEW.—Notwithstanding the inapplicability 

21 of subsection (a)(3) to special access programs (as pro22 vided in subsection (d)), the Secretary of Defense shall, 

23 not later than April 1 on each even-numbered year, con24 duct a review of each special access program in existence 

25 during the two fiscal years preceding the fiscal year during 


smartinez on DSK6TPTVN1PROD with BILLS
116 

HR 4310 RFS

1 which the review is conducted to determine the core depot 

2 maintenance and repair capabilities required to provide a 

3 ready and controlled source of technical competence, and 

4 the resources that would be required to establish a core 

5 capability if it becomes necessary. The Secretary of De6 fense shall include the results of such review in the form 

7 of a classified annex to the biennial core report required 

8 under subsection (f).’’. 

9 (7) AMENDMENTS FOR CONSISTENCY IN USE OF

10 TERMS.—Section 2464 of such title is further 

11 amended— 

12 (A) in subsection (a)(1), by striking ‘‘a 

13 core depot-level maintenance and repair capa14 bility’’ and inserting ‘‘core depot-level mainte15 nance and repair capabilities’’; 

16 (B) in subsection (a)(2), by striking ‘‘This 

17 core depot-level maintenance and repair capa18 bility’’ and inserting ‘‘The core depot-level 

19 maintenance and repair capabilities required in 

20 paragraph (1)’’; and 

21 (C) in subsection (e)(1), as redesignated by 

22 paragraph (5), by striking ‘‘a core depot-level 

23 maintenance and repair capability’’ and insert24 ing ‘‘core depot-level maintenance and repair 

25 capabilities’’. 


smartinez on DSK6TPTVN1PROD with BILLS
117 

HR 4310 RFS

1 (8) CONFORMING AMENDMENTS.—Section 

2 2464(b) of such title is further amended— 

3 (A) in paragraph (1)— 

4 (i) by striking subparagraph (B); 

5 (ii) by inserting ‘‘or’’ at the end of 

6 subparagraph (A); and 

7 (iii) by redesignating subparagraph 

8 (C) as subparagraph (B); 

9 (B) by striking paragraph (2); and 

10 (C) by redesignating paragraph (3) as 

11 paragraph (2) and in that paragraph by strik12 ing ‘‘or (2)’’. 

13 SEC. 323. SENSE OF CONGRESS REGARDING THE PERFORM14 ANCE OF COMMERCIALLY-AVAILABLE ACTIVI15 TIES BY DEPARTMENT OF DEFENSE CIVILIAN 

16 EMPLOYEES. 

17 (a) SENSE OF CONGRESS.—It is the sense of Con18 gress that— 

19 (1) our Nation’s economic strength is charac20 terized by individual freedom and the competitive 

21 enterprise system, and as such, the Federal Govern22 ment should not compete with its citizens and pri23 vate enterprise; 

24 (2) in recognition of this policy, the Govern25 ment should rely on commercially available sources 


smartinez on DSK6TPTVN1PROD with BILLS
118 

HR 4310 RFS

1 to provide commercial products and services and 

2 should not start or carry on any activity to provide 

3 a commercial product or service if the product or 

4 service can be procured more economically from a 

5 commercial source; 

6 (3) this policy conforms with Department of 

7 Defense Total Force Management procedures aimed 

8 at improving total manpower requirements, deter9 minations, and planning to facilitate decisions re10 garding which sector (military, civilian, or contractor 

11 personnel) should perform each requirement; and 

12 (4) the Department of Defense should not con13 vert the performance of any function from perform14 ance by a contractor to performance by Department 

15 of Defense civilian employees unless the function is 

16 inherently governmental in nature or the conversion 

17 is necessary to comply with section 129a of title 10, 

18 United States Code, as amended by this Act. 

19 (b) DEFINITION OF INHERENTLY GOVERN20 MENTAL.—In this section, the term ‘‘inherently govern21 mental’’ has the meaning given that term in section 5(2) 

22 of the Federal Activities Inventory Reform Act of 1998 

23 (Public Law 105–270; 112 Stat. 2384; 31 U.S.C. 501 

24 note). 


smartinez on DSK6TPTVN1PROD with BILLS
119 

HR 4310 RFS

1 Subtitle D—Readiness 

2 SEC. 331. INTERGOVERNMENTAL SUPPORT AGREEMENTS 

3 WITH STATE AND LOCAL GOVERNMENTS. 

4 (a) AGREEMENTS AUTHORIZED.—Section 2391 of 

5 title 10, United States Code, is amended— 

6 (1) by redesignating subsections (d) and (e) as 

7 subsections (e) and (f), respectively; and 

8 (2) by inserting after subsection (c) the fol9 lowing new subsection: 

10 ‘‘(c) INTERGOVERNMENTAL SUPPORT AGREEMENTS

11 WITH STATE AND LOCAL GOVERNMENTS.—(1) The Sec12 retary of the military department concerned may enter 

13 into an intergovernmental support agreement with a State 

14 or local government to provide, receive, or share installa15 tion-support services when such an agreement— 

16 ‘‘(A) serves the best interests of the military de17 partment by enhancing mission effectiveness or cre18 ating efficiencies or economies of scale, including by 

19 reducing costs; 

20 ‘‘(B) serves the best interest of State or local 

21 government party to the agreement, as determined 

22 by the community’s particular circumstances; and 

23 ‘‘(C) otherwise provides a mutual benefit to the 

24 military department and the State or local govern25 ment. 


smartinez on DSK6TPTVN1PROD with BILLS
120 

HR 4310 RFS

1 ‘‘(2) The authority provided by this subsection and 

2 limitations on its use are not intended to revoke, preclude, 

3 or otherwise interfere with existing or proposed mutual4 aid agreements relating to police or fire protection services 

5 or other similar first responder agreements or arrange6 ments. 

7 ‘‘(3) Funds available to the Secretary of the military 

8 department concerned for installation support may be 

9 used to reimburse a State or local government for pro10 viding installation-support services pursuant to an agree11 ment under this subsection. Funds received by the Sec12 retary as reimbursement for providing installation-support 

13 services pursuant to the agreement shall be credited to the 

14 appropriation or account charged with providing installa15 tion support.’’. 

16 (b) INSTALLATION-SUPPORT SERVICES DEFINED.— 

17 Subsection (e) of section 2391 of title 10, United States 

18 Code, as redesignated by subsection (a)(1) of this section, 

19 is amended by adding at the end the following new para20 graph: 

21 ‘‘(4) The term ‘installation-support services’ 

22 means those services, supplies, resources, and sup23 port provided typically by a local government, except 

24 that the term does not include or authorize police or 

25 fire protection services.’’. 


smartinez on DSK6TPTVN1PROD with BILLS
121 

HR 4310 RFS

1 SEC. 332. EXTENSION AND EXPANSION OF AUTHORITY TO 

2 PROVIDE ASSURED BUSINESS GUARANTEES 

3 TO CARRIERS PARTICIPATING IN CIVIL RE4 SERVE AIR FLEET. 

5 (a) EXTENSION.—Subsection (k) of section 9515 of 

6 title 10, United States Code, is amended by striking ‘‘De7 cember 31, 2015’’ and inserting ‘‘December 31, 2020’’. 

8 (b) APPLICATION TO ALL SEGMENTS OF CRAF.— 

9 Such section is further amended— 

10 (1) in subsection (a)(3), by striking ‘‘pas11 senger’’; and 

12 (2) in subsection (j), by striking ‘‘, except that 

13 it only means such transportation for which the Sec14 retary of Defense has entered into a contract for the 

15 purpose of passenger travel’’. 

16 SEC. 333. EXPANSION AND REAUTHORIZATION OF PILOT 

17 PROGRAM FOR AVAILABILITY OF WORKING18 CAPITAL FUNDS FOR PRODUCT IMPROVE19 MENTS. 

20 (a) EXPANSION.—Section 330 of the National De21 fense Authorization Act for Fiscal Year 2008 (Public Law 

22 110–181; 122 Stat. 68) is amended— 

23 (1) in subsection (a), by inserting ‘‘, the Sec24 retary of the Navy, and the Secretary of the Air 

25 Force (in this section referred to as the ‘Secretary 

26 concerned’)’’ after ‘‘the Secretary of the Army’’; 


smartinez on DSK6TPTVN1PROD with BILLS
122 

HR 4310 RFS

1 (2) in subsection (d)— 

2 (A) by inserting ‘‘by the Secretary con3 cerned’’ after ‘‘submitted’’; and 

4 (B) by inserting ‘‘by the Secretary con5 cerned’’ after ‘‘used’’; and 

6 (3) in subsection (e)— 

7 (A) in paragraph (1), by striking ‘‘the As8 sistant Secretary of the Army for Acquisition, 

9 Logistics, and Technology, in consultation with 

10 the Assistant Secretary of the Army for Finan11 cial Management and Comptroller,’’ and insert12 ing ‘‘the Secretary concerned’’; and 

13 (B) in paragraph (2), by striking ‘‘the As14 sistant Secretary of the Army for Acquisition, 

15 Logistics, and Technology’’ and inserting ‘‘the 

16 Secretary concerned’’. 

17 (b) COVERED PRODUCT IMPROVEMENTS.—Sub18 section (b) of such section is amended— 

19 (1) by inserting ‘‘retrofit, modernization, up20 grade, or rebuild of a’’ before ‘‘component’’; and 

21 (2) by striking ‘‘reliability and maintainability’’ 

22 and inserting ‘‘reliability, availability, and maintain23 ability’’. 


smartinez on DSK6TPTVN1PROD with BILLS
123 

HR 4310 RFS

1 (c) LIMITATION ON CERTAIN PROJECTS.—Sub2 section (c)(1) of such section is amended by striking ‘‘per3 formance envelope’’ and inserting ‘‘capability’’. 

4 (d) REPORTING REQUIREMENT.—Subsection (e) of 

5 such section is amended— 

6 (1) in paragraph (2), by striking ‘‘2012’’ and 

7 inserting ‘‘2017’’; and 

8 (2) in paragraph (3), by striking ‘‘60 days’’ and 

9 inserting ‘‘45 days’’. 

10 (e) EXTENSION.—Subsection (f) of such section, as 

11 amended by section 354 of the National Defense Author12 ization Act for Fiscal Year 2012 (Public Law 112–81; 125 

13 Stat. 1377), is further amended by striking ‘‘2014’’ and 

14 inserting ‘‘2018’’. 

15 (f) CLERICAL AMENDMENT.—The heading of such 

16 section is amended by striking ‘‘TO ARMY’’. 

17 SEC. 334. CENTER OF EXCELLENCE FOR THE NATIONAL 

18 GUARD STATE PARTNERSHIP PROGRAM. 

19 (a) IN GENERAL.—Chapter 5 of title 32, United 

20 States Code, is amended by adding at the end the fol21 lowing new section: 

22 ‘‘§ 510. Center of Excellence for the National Guard 

23 State Partnership Program 

24 ‘‘(a) CENTER AUTHORIZED.—The National Guard 

25 Bureau may maintain a Center of Excellence for the NaVerDate Mar 15 2010 01:00 Jun 20, 2012 Jkt 019200 PO 00000 Frm 00123 Fmt 6652 Sfmt 6201 E:\BILLS\H4310.RFS H4310

smartinez on DSK6TPTVN1PROD with BILLS
124 

HR 4310 RFS

1 tional Guard State Partnership Program (in this section 

2 referred to as the ‘Center’). 

3 ‘‘(b) CENTER AUTHORITY AND PURPOSE.—If the 

4 Center is established, the Chief of the National Guard Bu5 reau shall administer the Center to provide training oppor6 tunities for units and members of the regular and reserve 

7 components for the purpose of improving the skills for 

8 such units and members when deployed to complete the 

9 mission of the State Partnership Program. The Center will 

10 provide accredited instruction in partnership with a uni11 versity program and other internationally recognized insti12 tutions. 

13 ‘‘(c) CONDUCT OF CENTER.—The Chief of the Na14 tional Guard Bureau may provide for the conduct of the 

15 Center in such State as the Chief considers appropriate. 

16 ‘‘(d) PERSONS ELIGIBLE TO PARTICIPATE IN CEN17 TER TRAINING.—(1) The Chief of the National Guard Bu18 reau may recommend units and members of the National 

19 Guard to attend training at the Center under section 

20 502(f) of this title for not longer than the duration of the 

21 training. 

22 ‘‘(2) The Secretaries of the Army, Navy, Air Force, 

23 and Marine Corps may detail units or members of their 

24 respective regular or reserve components to attend train25 ing at the Center. The Secretary of Homeland Security 


smartinez on DSK6TPTVN1PROD with BILLS
125 

HR 4310 RFS

1 may detail members of the Coast Guard to attend training 

2 and provide subject matter expertise as requested. 

3 ‘‘(e) AUTHORIZED TRAINING.—The training author4 ized to be provided by the Center involves such matters 

5 within the core competencies of the National Guard and 

6 suitable for contacts under the State Partnership Program 

7 as the Chief of the National Guard Bureau specifies con8 sistent with regulations issued by the Secretary of De9 fense. 

10 ‘‘(f) CENTER PERSONNEL.—(1) The Chief of the Na11 tional Guard Bureau shall appoint an active member of 

12 the National Guard to be the Commandant of the Center 

13 to administer and lead the center. 

14 ‘‘(2) The Center shall contain personnel authoriza15 tions under a table of distribution and allowance that en16 sures sufficient cadre and support to the Center and will 

17 be assigned to the host State. 

18 ‘‘(3) Personnel of the National Guard of any State 

19 may serve on full-time National Guard duty for the pur20 pose of providing command, administrative, training, or 

21 supporting services for the Center. For the performance 

22 of those services, any personnel may be ordered to duty 

23 under section 502(f) of this title. 


smartinez on DSK6TPTVN1PROD with BILLS
126 

HR 4310 RFS

1 ‘‘(4) Employees of the Departments of Defense may 

2 be detailed to the Center for the purpose of providing addi3 tional training. 

4 ‘‘(5) The National Guard Bureau may procure, by 

5 contract, the temporary full time services of such civilian 

6 personnel as may be necessary in carrying out the training 

7 provided by the Center.’’. 

8 (b) CLERICAL AMENDMENT.—The table of sections 

9 at the beginning of such chapter is amended by adding 

10 at the end the following new item: 

‘‘510. Center for Excellence for the National Guard State Partnership Program.’’. 

11 SEC. 335. CODIFICATION OF NATIONAL GUARD STATE 

12 PARTNERSHIP PROGRAM. 

13 (a) STATE PARTNERSHIP PROGRAM.— 

14 (1) IN GENERAL.—Chapter 1 of title 32, United 

15 States Code, is amended by adding at the end the 

16 following new section: 

17 ‘‘§ 116. State Partnership Program 

18 ‘‘(a) AVAILABILITY OF APPROPRIATED FUNDS.—(1) 

19 Funds appropriated to the Department of Defense, includ20 ing for the Air and Army National Guard, shall be avail21 able for the payment of costs to conduct activities under 

22 the State Partnership Program, whether inside the United 

23 States or outside the United States, for purposes as fol24 lows: 


smartinez on DSK6TPTVN1PROD with BILLS
127 

HR 4310 RFS

1 ‘‘(A) To support the objectives of the com2 mander of the combatant command for the theater 

3 of operations in which such contacts and activities 

4 are conducted. 

5 ‘‘(B) To support the objectives of the United 

6 States chief of mission of the partner nation with 

7 which contacts and activities are conducted. 

8 ‘‘(C) To build international partnerships and 

9 defense and security capacity. 

10 ‘‘(D) To strengthen cooperation between the de11 partments and agencies of the United States Gov12 ernment and agencies of foreign governments to sup13 port building of defense and security capacity. 

14 ‘‘(E) To facilitate intergovernmental collabora15 tion between the United States Government and for16 eign governments in the areas of defense and secu17 rity. 

18 ‘‘(F) To facilitate and enhance the exchange of 

19 information between the United States Government 

20 and foreign governments on matters relating to de21 fense and security. 

22 ‘‘(2) Costs under paragraph (1) may include costs as 

23 follows: 

24 ‘‘(A) Costs of pay and allowances of members 

25 of the National Guard. 


smartinez on DSK6TPTVN1PROD with BILLS
128 

HR 4310 RFS

1 ‘‘(B) Travel and necessary expenses of United 

2 States personnel outside of the Department of De3 fense in the State Partnership Program. 

4 ‘‘(C) Travel and necessary expenses of foreign 

5 participants directly supporting activities under the 

6 State Partnership Program. 

7 ‘‘(b) LIMITATIONS.—(1) Funds shall not be available 

8 under subsection (a) for activities described in that sub9 section that are conducted in a foreign country unless 

10 jointly approved by the commander of the combatant com11 mand concerned and the chief of mission concerned. 

12 ‘‘(2) Funds shall not be available under subsection 

13 (a) for the participation of a member of the National 

14 Guard in activities described in that subsection in a for15 eign country unless the member is on active duty in the 

16 armed forces at the time of such participation. 

17 ‘‘(3) Funds shall not be available under subsection 

18 (a) for interagency activities involving United States civil19 ian personnel or foreign civilian personnel unless the par20 ticipation of such personnel in such activities— 

21 ‘‘(A) contributes to responsible management of 

22 defense resources; 

23 ‘‘(B) fosters greater respect for and under24 standing of the principle of civilian control of the 

25 military; 


smartinez on DSK6TPTVN1PROD with BILLS
129 

HR 4310 RFS

1 ‘‘(C) contributes to cooperation between United 

2 States military and civilian governmental agencies 

3 and foreign military and civilian government agen4 cies; or 

5 ‘‘(D) improves international partnerships and 

6 capacity on matters relating to defense and security. 

7 ‘‘(c) REIMBURSEMENT.—In the event of the partici8 pation of United States Government participants (other 

9 than personnel of the Department of Defense) in activities 

10 for which payment is made under subsection (a), the head 

11 of the department or agency concerned shall reimburse the 

12 Secretary of Defense for the costs associated with the par13 ticipation of such personnel in such contacts and activities. 

14 Amounts reimbursed the Department of Defense under 

15 this subsection shall be deposited in the appropriation or 

16 account from which amounts for the payment concerned 

17 were derived. Any amounts so deposited shall be merged 

18 with amounts in such appropriation or account, and shall 

19 be available for the same purposes, and subject to the 

20 same conditions and limitations, as amounts in such ap21 propriation or account. 

22 ‘‘(d) DEFINITIONS.—In this section: 

23 ‘‘(1) The term ‘State Partnership Program’ 

24 means a program that establishes a defense and se25 curity relationship between the National Guard of a 


smartinez on DSK6TPTVN1PROD with BILLS
130 

HR 4310 RFS

1 State or territory and the military and security 

2 forces, and related disaster management, emergency 

3 response, and security ministries, of a foreign coun4 try. 

5 ‘‘(2) The term ‘activities’, for purposes of the 

6 State Partnership Program, means any military-to7 military activities or interagency activities for a pur8 pose set forth in subsection (a)(1). 

9 ‘‘(3) The term ‘interagency activities’ means the 

10 following: 

11 ‘‘(A) Contacts between members of the Na12 tional Guard and foreign civilian personnel out13 side the ministry of defense of the foreign coun14 try concerned on matters within the core com15 petencies of the National Guard. 

16 ‘‘(B) Contacts between United States civil17 ian personnel and members of the Armed 

18 Forces of a foreign country on matters within 

19 such core competencies. 

20 ‘‘(4) The term ‘matter within the core com21 petencies of the National Guard’ means matters with 

22 respect to the following: 

23 ‘‘(A) Disaster response and mitigation. 

24 ‘‘(B) Defense support to civil authorities. 


smartinez on DSK6TPTVN1PROD with BILLS
131 

HR 4310 RFS

1 ‘‘(C) Consequence management and instal2 lation protection. 

3 ‘‘(D) Response to a chemical, biological, 

4 radiological, nuclear, or explosives (CBRNE) 

5 event. 

6 ‘‘(E) Border and port security and co7 operation with civilian law enforcement. 

8 ‘‘(F) Search and rescue. 

9 ‘‘(G) Medicine. 

10 ‘‘(H) Counterdrug and counternarcotics 

11 activities. 

12 ‘‘(I) Public affairs. 

13 ‘‘(J) Employer support and family support 

14 for reserve forces. 

15 ‘‘(5) The term ‘United States civilian personnel’ 

16 means the following: 

17 ‘‘(A) Personnel of the United States Gov18 ernment (including personnel of departments 

19 and agencies of the United States Government 

20 other than the Department of Defense) and 

21 personnel of State and local governments of the 

22 United States. 

23 ‘‘(B) Members and employees of the legis24 lative branch of the United States Government. 

25 ‘‘(C) Non-governmental individuals. 


smartinez on DSK6TPTVN1PROD with BILLS
132 

HR 4310 RFS

1 ‘‘(6) The term ‘foreign civilian personnel’ 

2 means the following: 

3 ‘‘(A) Civilian personnel of a foreign gov4 ernment at any level (including personnel of 

5 ministries other than ministries of defense). 

6 ‘‘(B) Non-governmental individuals of a 

7 foreign country.’’. 

8 (2) CLERICAL AMENDMENT.—The table of sec9 tions at the beginning of chapter 1 of such title is 

10 amended by adding at the end the following new 

11 item: 

‘‘116. State Partnership Program.’’. 

12 (b) REPEAL OF SUPERSEDED AUTHORITY.—Section 

13 1210 of the National Defense Authorization Act for Fiscal 

14 Year 2010 (Public Law 111–84; 123 Stat. 2517; 32 

15 U.S.C. 107 note) is repealed. 

16 Subtitle E—Reports 

17 SEC. 341. REPORT ON JOINT STRATEGY FOR READINESS 

18 AND TRAINING IN A C4ISR-DENIED ENVIRON19 MENT. 

20 (a) REPORT REQUIRED.—The Secretary of Defense, 

21 in consultation with the Chairman of the Joint Chiefs of 

22 Staff, shall submit to Congress a report on the readiness 

23 of the joint force to conduct operations in environments 

24 where there is no access to Command, Control, Commu25 nications, Computers, Intelligence, Surveillance, and ReVerDate Mar 15 2010 01:00 Jun 20, 2012 Jkt 019200 PO 00000 Frm 00132 Fmt 6652 Sfmt 6201 E:\BILLS\H4310.RFS H4310

smartinez on DSK6TPTVN1PROD with BILLS
133 

HR 4310 RFS

1 connaissance (in this section referred to as ‘‘C4ISR’’) sys2 tems, including satellite communications, classified Inter3 net protocol-based networks, and the Global Positioning 

4 System (in this section referred to as ‘‘GPS’’). 

5 (b) CONTENTS OF REPORT.—The report required by 

6 subsection (a) shall include a description of the steps 

7 taken and planned to be taken— 

8 (1) to identify likely threats to the C4ISR sys9 tems of the United States, including both weapons 

10 and those states with such capabilities; as well as 

11 the most likely areas in which C4ISR systems could 

12 be at risk; 

13 (2) to identify vulnerabilities to the C4ISR sys14 tems of the United States that could result in a 

15 C4ISR-denied environment; 

16 (3) to determine how the Armed Forces should 

17 respond in order to reconstitute C4ISR systems, pre18 vent further denial of C4ISR systems; and develop 

19 counter-attack capabilities; 

20 (4) to determine which types of joint operations 

21 could be feasible in an environment in which access 

22 to C4ISR systems is restricted or denied; 

23 (5) to conduct training and exercises for sus24 taining combat and logistics operations in C4ISR-de25 nied environments; and 


smartinez on DSK6TPTVN1PROD with BILLS
134 

HR 4310 RFS

1 (6) to propose changes to current tactics, tech2 niques, and procedures to prepare to operate in an 

3 environment in which C4ISR systems are degraded 

4 or denied for 48-hour, 7 day, 30-day, or 60-day peri5 ods. 

6 (c) JOINT EXERCISE PLAN REQUIRED.—Based on 

7 the findings of the report required by subsection (a), the 

8 Chairman of the Joint Chiefs of Staff shall develop a road9 map and joint exercise plan for the joint force to operate 

10 in an environment where access to C4ISR systems, includ11 ing satellite communications, classified Internet protocol12 based networks, and the GPS network, is denied. The plan 

13 and joint exercise program shall include— 

14 (1) the development of alternatives to satellite 

15 communications, classified Internet protocol-based 

16 networks, and GPS for logistics, intelligence, surveil17 lance, and reconnaissance, and combat operations; 

18 and 

19 (2) methods to mitigate dependency on satellite 

20 communications, classified Internet protocol-based 

21 networks, and GPS; 

22 (3) methods to protect vulnerable satellite com23 munications, classified Internet protocol-based net24 works, and GPS; and 


smartinez on DSK6TPTVN1PROD with BILLS
135 

HR 4310 RFS

1 (4) a joint exercise and training plan to include 

2 fleet battle experiments, to enable the force to oper3 ate in a satellite communications, Internet protocol4 based network, and GPS-denied environment. 

5 (d) FORM OF REPORT.—The report required to be 

6 submitted by subsection (a) shall be submitted in unclassi7 fied form, but may include a classified annex. 

8 SEC. 342. COMPTROLLER GENERAL REVIEW OF ANNUAL 

9 DEPARTMENT OF DEFENSE REPORT ON 

10 PREPOSITIONED MATERIEL AND EQUIP11 MENT. 

12 Section 2229a(b)(1) of title 10, United States Code, 

13 is amended— 

14 (1) by striking ‘‘By not later than 120 days 

15 after the date on which a report is submitted under 

16 subsection (a), the’’ and inserting ‘‘The’’; and 

17 (2) by striking ‘‘the report’’and inserting ‘‘each 

18 report submitted under subsection (a)’’. 

19 SEC. 343. MODIFICATION OF REPORT ON MAINTENANCE 

20 AND REPAIR OF VESSELS IN FOREIGN SHIP21 YARDS. 

22 Section 7310(c) of title 10, United States Code, is 

23 amended— 


smartinez on DSK6TPTVN1PROD with BILLS
136 

HR 4310 RFS

1 (1) in paragraph (3)(A), by inserting after 

2 ‘‘justification under law’’ the following: ‘‘and oper3 ational justification’’; and 

4 (2) in paragraph (4), by adding at the end the 

5 following new subparagraph: 

6 ‘‘(C) A vessel not described in subparagraph 

7 (A) or (B) that is operated pursuant to a contract 

8 entered into by the Military Sealift Command, the 

9 Maritime Administration, or the United States 

10 Transportation Command.’’. 

11 SEC. 344. EXTENSION OF DEADLINE FOR COMPTROLLER 

12 GENERAL REPORT ON DEPARTMENT OF DE13 FENSE SERVICE CONTRACT INVENTORY. 

14 Section 803(c) of the National Defense Authorization 

15 Act for Fiscal Year 2010 (Public Law 111–84; 123 Stat. 

16 2402) is amended by striking ‘‘180 days’’ and inserting 

17 ‘‘270 days’’. 

18 SEC. 345. GAO REPORT REVIEWING METHODOLOGY OF DE19 PARTMENT OF DEFENSE RELATING TO COSTS 

20 OF PERFORMANCE BY CIVILIAN EMPLOYEES, 

21 MILITARY PERSONNEL, AND CONTRACTORS. 

22 (a) REVIEW REQUIREMENT.—The Comptroller Gen23 eral of the United States shall conduct a review of Depart24 ment of Defense Directive-Type Memorandum 09–007 en25 titled ‘‘Estimating and Comparing the Full Costs of CivilVerDate Mar 15 2010 01:00 Jun 20, 2012 Jkt 019200 PO 00000 Frm 00136 Fmt 6652 Sfmt 6201 E:\BILLS\H4310.RFS H4310

smartinez on DSK6TPTVN1PROD with BILLS
137 

HR 4310 RFS

1 ian and Military Manpower and Contractor Support’’ to 

2 determine whether the methodology used in the memo3 randum reflects the actual, relevant, and quantifiable 

4 costs to taxpayers of performance by Federal civilian em5 ployees, military personnel, and contractors. 

6 (b) CONSULTATION.—In conducting the review re7 quired by subsection (a), the Comptroller General shall 

8 consult with the Under Secretary of Defense for Personnel 

9 and Readiness, the Director of Cost Assessment and Pro10 gram Evaluation, the Director of the Office of Manage11 ment and Budget, and private sector stakeholders. 

12 (c) REPORT.—Not later than 180 days after the date 

13 of the enactment of this Act, the Comptroller General shall 

14 submit a report on the review required by subsection (a) 

15 to the Committees on Armed Services of the Senate and 

16 the House of Representatives. The report shall contain the 

17 results of the review and make recommendations for any 

18 statutory changes that the Comptroller General deter19 mines are necessary to ensure that the memorandum re20 viewed includes the actual, relevant, and quantifiable costs 

21 to taxpayers for Federal civilian employees, military per22 sonnel, and contractors. 

23 SEC. 346. REPORT ON MEDICAL EVACUATION POLICIES. 

24 (a) IN GENERAL.—Not later than 120 days after the 

25 date of the enactment of this Act, the Secretary of Defense 


smartinez on DSK6TPTVN1PROD with BILLS
138 

HR 4310 RFS

1 shall submit to the congressional defense committees and 

2 the Comptroller General of the United States a report on 

3 the policies, procedures, and guidelines of the Department 

4 of Defense for helicopter evacuation of injured members 

5 of the Armed Forces performed by— 

6 (1) unarmed Army helicopters (in this section 

7 referred to as ‘‘MEDEVAC’’); and 

8 (2) armed Air Force helicopters (in this section 

9 referred to as ‘‘CASEVAC’’). 

10 (b) CONTENTS.—The report submitted under sub11 section (a) shall contain the following: 

12 (1) The differences between armed escort heli13 copters that accompany MEDEVAC helicopters and 

14 CASEVAC helicopters. 

15 (2) The differences between Army and Air 

16 Force training of MEDEVAC and CASEVAC air 

17 crews. 

18 (3) The differences between the capacity of the 

19 Army and the Air Force to care for wounded mem20 bers of the Armed Forces. 

21 (4) The potential costs associated with— 

22 (A) arming MEDEVAC helicopters; 

23 (B) increasing the training of MEDEVAC 

24 air crews to be comparable to the training of 

25 CASEVAC air crews; and 


smartinez on DSK6TPTVN1PROD with BILLS
139 

HR 4310 RFS

1 (C) increasing the quality of the avionics 

2 used in MEDEVAC helicopters to be com3 parable to the quality of the avionics used in 

4 CASEVAC helicopters. 

5 (5) An analysis of the Army rescue goal, com6 monly known as the ‘‘golden hour’’, which specifies 

7 a goal of transporting an injured member of the 

8 Armed Forces to a military medical treatment facil9 ity not later than 60 minutes after the MEDEVAC 

10 unit receives notification of the injury, including an 

11 analysis on— 

12 (A) whether the 60-minute time period 

13 should begin at the time of injury instead of at 

14 the time of notification; 

15 (B) the usefulness of gathering informa16 tion about survival rates using additional dif17 ferent time periods; and 

18 (C) the validity of the survival rate associ19 ated with the ‘‘golden hour’’. 

20 (6) A comparison of the helicopter evacuation 

21 capabilities in combat zones of— 

22 (A) the Army; 

23 (B) the Air Force; 

24 (C) Special Operations Command; and 


smartinez on DSK6TPTVN1PROD with BILLS
140 

HR 4310 RFS

1 (D) armed forces of other countries that 

2 perform helicopter evacuations in combat zones. 

3 (7) An analysis of— 

4 (A) the requirements under the Convention 

5 for the Amelioration of the Condition of the 

6 Wounded and Sick in the Armed Forces in the 

7 Field, done at Geneva, August 12, 1949 (6 

8 UST 3114) and the related protocols with re9 gard to the weapons an aircraft may carry and 

10 still be considered a medical aircraft (which, for 

11 purposes of such Convention and protocols, 

12 means an aircraft exclusively employed for the 

13 removal of wounded and sick and for the trans14 port of medical personnel and equipment) pro15 tected under such Convention, and of the inter16 pretations of and policies under such require17 ments by the Department of Defense; 

18 (B) the threats to MEDEVAC and 

19 CASEVAC air crews and assets posed by un20 conventional forces that do not abide by inter21 national law, military tradition, or custom, such 

22 as insurgent or criminal organizations; and 

23 (C) any strategies to respond to the 

24 threats identified in subparagraph (B), as well 

25 as any legal or policy restrictions to such reVerDate Mar 15 2010 01:00 Jun 20, 2012 Jkt 019200 PO 00000 Frm 00140 Fmt 6652 Sfmt 6201 E:\BILLS\H4310.RFS H4310

smartinez on DSK6TPTVN1PROD with BILLS
141 

HR 4310 RFS

1 sponses based on the requirements, policies, and 

2 interpretations identified in subparagraph (A). 

3 (8) An explanation of how the survival rate of 

4 injured members of the Armed Forces rescued by 

5 helicopter evacuation is calculated. 

6 (9) Information on the average number of in7 jured members of the Armed Forces that are evacu8 ated during each MEDEVAC and CASEVAC mis9 sion. 

10 (c) REVIEW BY COMPTROLLER GENERAL.—Not later 

11 than 120 days after the date on which the Comptroller 

12 General receives the report submitted by the Secretary of 

13 Defense under subsection (a), the Comptroller General 

14 shall submit to the congressional defense committees an 

15 analysis of such report. 

16 SEC. 347. REPORT ON PROVIDING TELECOMMUNICATIONS 

17 SERVICES TO UNIFORMED PERSONNEL 

18 TRANSITING THROUGH FOREIGN AIRPORTS. 

19 (a) REPORT REQUIREMENT.—The Secretary of De20 fense shall submit to the congressional defense committees 

21 a report on the feasibility of providing market-rate or 

22 below-market rate (or both) telecommunications service 

23 (either phone, VoIP, video chat, or a combination thereof), 

24 either directly or through a contract, to uniformed military 

25 personnel transiting through a foreign airport while in 


smartinez on DSK6TPTVN1PROD with BILLS
142 

HR 4310 RFS

1 transit to or returning from deployment overseas. The 

2 Secretary also shall investigate allegations of certain 

3 telecom companies specifically targeting uniformed mili4 tary personnel in transit overseas (who have no other op5 tion to contact their families) with above-market-rate fees, 

6 and shall include the results of that investigation in the 

7 report. 

8 (b) SUBMISSION.—The report required by subsection 

9 (a) shall be submitted not later than 180 days after the 

10 date of the enactment of this Act. 

11 SEC. 348. SURVEY AND REPORT ON PERSONAL PROTEC12 TION EQUIPMENT NEEDED BY MEMBERS OF 

13 THE ARMED FORCES DEPLOYED ON THE 

14 GROUND IN COMBAT ZONES. 

15 (a) SENSE OF CONGRESS.—It is the sense of Con16 gress that, when sending members of the United States 

17 Armed Forces into combat, the United States has an obli18 gation to ensure that— 

19 (1) the members are properly equipped with the 

20 best available protective equipment and supplies; and 

21 (2) the members, or their family and friends, 

22 never feel compelled to purchase additional equip23 ment and supplies to be safer in combat. 

24 (b) SURVEY REQUIRED.—Not later than 180 days 

25 after the date of the enactment of this Act, the Secretary 


smartinez on DSK6TPTVN1PROD with BILLS
143 

HR 4310 RFS

1 of Defense shall conduct an anonymous survey among 

2 members and former members of the Armed Forces who 

3 were deployed on the ground in a combat zone since Sep4 tember 11, 2001, requesting information on what kinds 

5 of personal protection equipment (such as body armor and 

6 ballistic eyewear) the member believes should have been 

7 provided to members during deployment but were not pro8 vided. The Secretary shall include in the survey questions 

9 about whether members, their families, or other persons 

10 purchased any personal protection equipment because the 

11 Armed Forces did not provide the equipment and the 

12 types and quantity of equipment purchased. 

13 (c) REPORT ON RESULTS OF SURVEY.—Not later 

14 than 180 days after the completion of the survey required 

15 by subsection (b), the Secretary of Defense shall submit 

16 to Congress a report— 

17 (1) describing the results of the survey; 

18 (2) describing the types and quantity of per19 sonal protection equipment not provided by the 

20 Armed Forces and purchased instead by or on behalf 

21 of members of the Armed Forces to protect them22 selves; 

23 (3) explaining why such personal protection 

24 equipment was not provided; and 


smartinez on DSK6TPTVN1PROD with BILLS
144 

HR 4310 RFS

1 (4) recommending future funding solutions to 

2 prevent the omission in the future. 

3 SEC. 349. REPORT ON STATUS OF TARGETS IN OPER4 ATIONAL ENERGY STRATEGY IMPLEMENTA5 TION PLAN. 

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

7 submit annually to the relevant congressional committees 

8 a report on the status of the targets listed in the document 

9 entitled ‘‘Operational Energy Strategy: Implementation 

10 Plan, Department of Defense, March 2012’’, including— 

11 (1) the status of each of the targets listed in 

12 the implementation plan; 

13 (2) the steps being taken to meet the targets; 

14 (3) the expected date of completion for each 

15 target if such date is different from the date indi16 cated in the report; and 

17 (4) the reason for any delays in meeting the 

18 targets. 

19 (b) RELEVANT CONGRESSIONAL COMMITTEES DE20 FINED.—In this section, the term ‘‘relevant congressional 

21 committees’’ means— 

22 (1) the Committee on Armed Services of the 

23 Senate and the House of Representatives; 

24 (2) the Committee on Oversight and Govern25 ment Reform of the House of Representatives; 


smartinez on DSK6TPTVN1PROD with BILLS
145 

HR 4310 RFS

1 (3) the Committee on Homeland Security and 

2 Governmental Affairs of the Senate; 

3 (4) the Committee on Foreign Affairs of the 

4 House of Representatives; and 

5 (5) the Committee on Foreign Relations of the 

6 Senate. 

7 Subtitle F—Limitations and 

8 Extensions of Authority 

9 SEC. 351. REPEAL OF AUTHORITY TO PROVIDE CERTAIN 

10 MILITARY EQUIPMENT AND FACILITIES TO 

11 SUPPORT CIVILIAN LAW ENFORCEMENT AND 

12 EMERGENCY RESPONSE. 

13 Section 372 of title 10, United States Code, is 

14 amended— 

15 (1) in subsection (a), by striking ‘‘(a) IN GEN16 ERAL.—The Secretary’’ and inserting ‘‘The Sec17 retary’’; and 

18 (2) by striking subsection (b). 

19 SEC. 352. LIMITATION ON AVAILABILITY OF FUNDS FOR 

20 THE DISESTABLISHMENT OF AEROSPACE 

21 CONTROL ALERT LOCATIONS. 

22 (a) LIMITATION.—None of the funds authorized to 

23 be appropriated by this Act or otherwise made available 

24 for fiscal year 2013 for the Department of Defense may 

25 be obligated or expended to disestablish or downgrade any 


smartinez on DSK6TPTVN1PROD with BILLS
146 

HR 4310 RFS

1 of the 18 level 5 aerospace control alert defense locations 

2 in existence as of the date of the enactment of this Act. 

3 (b) MAINTAINED LEVELS.—The Secretary of the Air 

4 Force shall maintain the operational capabilities provided 

5 by the 18 level 5 aerospace control alert defense capabili6 ties until the later of the following dates: 

7 (1) The date of the enactment of the National 

8 Defense Authorization Act for Fiscal Year 2014. 

9 (2) September 30, 2013. 

10 (c) CONSOLIDATED BUDGET EXHIBIT.—The Sec11 retary of Defense shall establish a consolidated budget jus12 tification display that fully identifies the baseline aero13 space control alert budget for each of the military services 

14 and encompasses all programs and activities of the aero15 space control alert mission for each of the following func16 tions: 

17 (1) Procurement. 

18 (2) Operation and maintenance. 

19 (3) Research, development, testing, and evalua20 tion. 

21 (4) Military construction. 

22 (d) REPORT.— 

23 (1) REPORT TO CONGRESS.—Not later than 

24 March 1, 2013, the Secretary of Defense shall sub25 mit to the congressional defense committees a report 


smartinez on DSK6TPTVN1PROD with BILLS
147 

HR 4310 RFS

1 that provides a cost-benefit analysis and risk-based 

2 assessment of the aerospace control alert mission as 

3 it relates to expected future changes to the budget 

4 and force structure of such mission. 

5 (2) COMPTROLLER GENERAL REVIEW.—Not 

6 later than 120 days after the date on which the Sec7 retary submits the report required by paragraph (1), 

8 the Comptroller General of the United States shall— 

9 (A) conduct a review of the force structure 

10 plan of the Department of Defense and the 

11 cost-benefit analysis and risk-based assessment 

12 contained in the report; and 

13 (B) submit to the congressional defense 

14 committees a report on the findings of such re15 view. 

16 (e) SENSE OF CONGRESS ON THE ESSENTIAL SERV17 ICE PROVIDED BY FIGHTER WINGS PERFORMING AERO18 SPACE CONTROL ALERT MISSIONS.—It is the sense of 

19 Congress that fighter wings performing the 24-hour Aero20 space Control Alert missions provide an essential service 

21 in defending the sovereign airspace of the United States 

22 in the aftermath of the terrorist attacks upon the United 

23 States on September 11, 2001. 


smartinez on DSK6TPTVN1PROD with BILLS
148 

HR 4310 RFS

1 SEC. 353. LIMITATION ON AUTHORIZATION OF APPROPRIA2 TIONS FOR THE NATIONAL MUSEUM OF THE 

3 UNITED STATES ARMY. 

4 Of the amounts authorized to be appropriated for Op5 eration and Maintenance for fiscal year 2013, not more 

6 than $5,000,000 shall be made available for the National 

7 Museum of the United States Army until the Secretary 

8 of the Army submits to the congressional defense commit9 tees certification in writing that sufficient private funding 

10 has been raised to fund the construction of the portion 

11 of the museum known as the ‘‘Baseline Museum’’ and that 

12 at least 50 percent of the Baseline Museum has been com13 pleted. 

14 SEC. 354. LIMITATION ON AVAILABILITY OF FUNDS FOR RE15 TIREMENT OR INACTIVATION OF TICON16 DEROGA CLASS CRUISERS OR DOCK LAND17 ING SHIPS. 

18 (a) LIMITATION.—Except as provided by subsection 

19 (b), none of the funds authorized to be appropriated by 

20 this Act or otherwise made available for fiscal year 2013 

21 for the Department of Defense may be obligated or ex22 pended to retire, prepare to retire, inactivate, or place in 

23 storage a cruiser or dock landing ship. 

24 (b) EXCEPTION.—Notwithstanding subsection (a), 

25 the U.S.S. Port Royal, CG 73, is authorized for retire26 ment. 


smartinez on DSK6TPTVN1PROD with BILLS
149 

HR 4310 RFS

1 (c) MAINTAINED LEVELS.—The Secretary of the 

2 Navy, in supporting the operational requirements of the 

3 combatant commands, shall maintain the operational ca4 pability and perform the necessary maintenance of each 

5 cruiser and dock landing ship belonging to the Navy until 

6 the later of the following dates: 

7 (1) The date of the enactment of the National 

8 Defense Authorization Act for Fiscal Year 2014. 

9 (2) September 30, 2013. 

10 SEC. 355. RENEWAL OF EXPIRED PROHIBITION ON RETURN 

11 OF VETERANS MEMORIAL OBJECTS WITHOUT 

12 SPECIFIC AUTHORIZATION IN LAW. 

13 (a) CODIFICATION OF PROHIBITION.—Section 2572 

14 of title 10, United States Code, is amended by adding at 

15 the end the following new subsection: 

16 ‘‘(e)(1) Except as provided in paragraph (3), and not17 withstanding this section or any other provision of law, 

18 the President may not transfer a veterans memorial object 

19 to a foreign country or an entity controlled by a foreign 

20 government, or otherwise transfer or convey such an ob21 ject to any person or entity for purposes of the ultimate 

22 transfer or conveyance of the object to a foreign country 

23 or entity controlled by a foreign government. 

24 ‘‘(2) In this subsection: 


smartinez on DSK6TPTVN1PROD with BILLS
150 

HR 4310 RFS

1 ‘‘(A) The term ‘entity controlled by a foreign 

2 government’ has the meaning given that term in sec3 tion 2536(c)(1) of this title. 

4 ‘‘(B) The term ‘veterans memorial object’ 

5 means any object, including a physical structure or 

6 portion thereof, that— 

7 ‘‘(i) is located at a cemetery of the Na8 tional Cemetery System, war memorial, or mili9 tary installation in the United States; 

10 ‘‘(ii) is dedicated to, or otherwise memori11 alizes, the death in combat or combat-related 

12 duties of members of the armed forces; and 

13 ‘‘(iii) was brought to the United States 

14 from abroad as a memorial of combat abroad. 

15 ‘‘(3) The prohibition imposed by paragraph (1) does 

16 not apply to a transfer of a veterans memorial object if— 

17 ‘‘(A) the transfer of that veterans memorial ob18 ject is specifically authorized by law; or 

19 ‘‘(B) the transfer is made after September 30, 

20 2017.’’. 

21 (b) REPEAL OF OBSOLETE SOURCE LAW.—Section 

22 1051 of the National Defense Authorization Act for Fiscal 

23 Year 2000 (Public Law 106–65; 10 U.S.C. 2572 note) is 

24 repealed. 


smartinez on DSK6TPTVN1PROD with BILLS
151 

HR 4310 RFS

1 Subtitle G—Other Matters 

2 SEC. 361. RETIREMENT, ADOPTION, CARE, AND RECOGNI3 TION OF MILITARY WORKING DOGS. 

4 (a) RETIREMENT AND ADOPTION OF MILITARY

5 WORKING DOGS.— 

6 (1) RETIREMENT AND RECLASSIFICATION OF

7 MILITARY WORKING DOGS.—Section 2583 of title 10, 

8 United States Code, is amended— 

9 (A) by redesignating subsections (f) and 

10 (g) as subsections (h) and (i), respectively; and 

11 (B) by inserting after subsection (e) the 

12 following new subsections: 

13 ‘‘(f) CLASSIFICATION OF MILITARY WORKING

14 DOGS.—The Secretary of Defense shall classify military 

15 working dogs as canine members of the armed forces. 

16 Such dogs shall not be classified as equipment. 

17 ‘‘(g) TRANSFER OF RETIRED MILITARY WORKING

18 DOGS.—If the Secretary of the military department con19 cerned determines that a military working dog should be 

20 retired, and no suitable adoption is available at the mili21 tary facility where the dog is located, the Secretary may 

22 transfer the dog— 

23 ‘‘(1) to the 341st Training Squadron; or 

24 ‘‘(2) to another location for adoption under this 

25 section.’’. 


smartinez on DSK6TPTVN1PROD with BILLS
152 

HR 4310 RFS

1 (2) ACCEPTANCE OF FREQUENT TRAVELER

2 MILES TO FACILITATE ADOPTION.—Section 2613(d) 

3 of such title is amended— 

4 (A) in paragraph (1)(B), by striking ‘‘; or’’ 

5 and inserting a semicolon; 

6 (B) in paragraph (2), by striking the pe7 riod at the end and inserting ‘‘; or’’; and 

8 (C) by adding at the end the following new 

9 paragraph: 

10 ‘‘(3) facilitating the adoption of a military 

11 working dog under section 2583 of this title.’’. 

12 (b) VETERINARY CARE FOR RETIRED MILITARY

13 WORKING DOGS.— 

14 (1) VETERINARY CARE.— 

15 (A) IN GENERAL.—Chapter 50 of such 

16 title is amended by adding at the end the fol17 lowing new section: 

18 ‘‘§ 993. Military working dogs: veterinary care for re19 tired military working dogs 

20 ‘‘(a) IN GENERAL.—The Secretary of Defense shall 

21 establish and maintain a system to provide for the veteri22 nary care of retired military working dogs. 

23 ‘‘(b) ELIGIBLE DOGS.—(1) A retired military work24 ing dog eligible for veterinary care under this section is 


smartinez on DSK6TPTVN1PROD with BILLS
153 

HR 4310 RFS

1 any military working dog adopted under section 2583 of 

2 this title. 

3 ‘‘(2) The veterinary care provided a military working 

4 dog under this section shall be provided during the life 

5 of the dog beginning on the date on which the dog is 

6 adopted under such section 2583. 

7 ‘‘(c) ADMINISTRATION.—(1) The Secretary shall ad8 minister the system required by this section under a con9 tract awarded by the Secretary for that purpose. 

10 ‘‘(2)(A) The contract under this subsection shall be 

11 awarded to a private non-profit entity selected by the Sec12 retary from among such entities submitting an application 

13 therefor that have such experience and expertise as the 

14 Secretary considers appropriate for purposes of this sub15 section. 

16 ‘‘(B) An entity seeking the award of a contract under 

17 this subsection shall submit to the Secretary an applica18 tion therefor in such form, and containing such informa19 tion, as the Secretary shall require. 

20 ‘‘(3) The term of any contract under this subsection 

21 shall be such duration as the Secretary shall specify. 

22 ‘‘(d) STANDARDS OF CARE.—(1) The veterinary care 

23 provided under the system required by this section shall 

24 meet such standards as the Secretary shall establish and 

25 from time to time update. 


smartinez on DSK6TPTVN1PROD with BILLS
154 

HR 4310 RFS

1 ‘‘(2) The standards required by this subsection shall 

2 include the following: 

3 ‘‘(A) Provisions regarding the types of care to 

4 be provided to retired military working dogs. 

5 ‘‘(B) Provisions regarding the entities (includ6 ing private veterinarians and entities) qualified to 

7 provide the care. 

8 ‘‘(C) Provisions regarding the facilities, includ9 ing military installations, government facilities, and 

10 private facilities, in which the care may be provided. 

11 ‘‘(D) A requirement that complete histories be 

12 maintained on the health and use in research of re13 tired military working dogs. 

14 ‘‘(E) Such other matters as the Secretary con15 siders appropriate. 

16 ‘‘(3) The Secretary shall consult with the board of 

17 directors of the non-profit private entity awarded the con18 tract under subsection (c) in establishing and updating 

19 standards of care under this subsection. 

20 ‘‘(e) COVERAGE OF COSTS.—(1) Except as provided 

21 in paragraph (2), any costs of operation and administra22 tion of the system required by this section, and of any 

23 veterinary care provided under the system, shall be cov24 ered by such combination of the following as the Secretary 


smartinez on DSK6TPTVN1PROD with BILLS
155 

HR 4310 RFS

1 and the non-profit entity awarded the contract under sub2 section (c) jointly consider appropriate: 

3 ‘‘(A) Contributions from the non-profit entity. 

4 ‘‘(B) Payments for such care by owners or 

5 guardians of the retired military working dogs re6 ceiving such care. 

7 ‘‘(C) Other appropriate non-Federal sources of 

8 funds. 

9 ‘‘(2) Funds provided by the Federal Government— 

10 ‘‘(A) may not be used— 

11 ‘‘(i) to provide veterinary care under the 

12 system required by this section; or 

13 ‘‘(ii) to pay for the normal operation of the 

14 non-profit entity awarded the contract under 

15 subsection (c); and 

16 ‘‘(B) may be used to carry out the duties of the 

17 Secretary under subsections (a), (c), (d), and (f). 

18 ‘‘(f) REGULATIONS.—The Secretary shall prescribe 

19 regulations for the discharge of the requirements and au20 thorities in this section, including regulations on the 

21 standards of care required by subsection (d).’’. 

22 (B) CLERICAL AMENDMENT.—The table of 

23 sections at the beginning of such chapter is 

24 amended by adding at the end the following 

25 new item: 

‘‘993. Military working dogs: veterinary care for retired military working dogs.’’. 


smartinez on DSK6TPTVN1PROD with BILLS
156 

HR 4310 RFS

1 (2) REGULATIONS.—The Secretary of Defense 

2 shall prescribe the regulations required by subsection 

3 (f) of section 993 of title 10, United States Code (as 

4 added by paragraph (1)), not later than 180 days 

5 after the date of the enactment of this Act. 

6 (c) RECOGNITION OF SERVICE OF MILITARY WORK7 ING DOGS.—Section 1125 of such title is amended— 

8 (1) by inserting ‘‘(a) GENERAL AUTHORITY.— 

9 ’’ before ‘‘The Secretary of Defense’’; and 

10 (2) by adding at the end the following new sub11 section: 

12 ‘‘(b) RECOGNITION OF SERVICE OF MILITARY WORK13 ING DOGS.—The Secretary of Defense shall create a deco14 ration or other appropriate recognition to recognize mili15 tary working dogs under the jurisdiction of the Secretary 

16 that are killed in action or perform an exceptionally meri17 torious or courageous act in service to the United States.’’. 

18 SEC. 362. ASSISTANCE FOR HOMELAND DEFENSE MISSION 

19 TRAINING. 

20 (a) ASSISTANCE AUTHORIZED.—Chapter 9 of title 

21 32, United States Code, is amended by adding at the end 

22 the following new section: 

23 ‘‘§ 909. Training assistance 

24 ‘‘(a) ASSISTANCE AUTHORIZED.—To improve the 

25 training of National Guard units and Federal agencies 


smartinez on DSK6TPTVN1PROD with BILLS
157 

HR 4310 RFS

1 performing homeland defense activities, the Secretary of 

2 Defense may provide funding assistance through a special 

3 military cooperative agreement for the operation and 

4 maintenance of any State training center certified by the 

5 Federal Emergency Management Agency as capable of 

6 providing emergency response training. 

7 ‘‘(b) MERIT-BASED OR COMPETITIVE DECISIONS.— 

8 A decision to commit, obligate, or expend funds under sub9 section (a) with or to a specific entity shall— 

10 ‘‘(1) be based on merit-based selection proce11 dures in accordance with the requirements of sec12 tions 2304(k) and 2374 of title 10 or on competitive 

13 procedures; and 

14 ‘‘(2) comply with other applicable provisions of 

15 law.’’. 

16 (b) CLERICAL AMENDMENT.—The table of sections 

17 at the beginning of such chapter is amended by adding 

18 at the end the following new item: 

‘‘909. Training assistance.’’. 

19 SEC. 363. COMPTROLLER GENERAL REVIEW OF HANDLING, 

20 LABELING, AND PACKAGING PROCEDURES 

21 FOR HAZARDOUS MATERIAL SHIPMENTS. 

22 (a) COMPTROLLER GENERAL REVIEW.—The Comp23 troller General of the United States shall conduct a review 

24 of the policies and procedures of the Department of DeVerDate Mar 15 2010 01:00 Jun 20, 2012 Jkt 019200 PO 00000 Frm 00157 Fmt 6652 Sfmt 6201 E:\BILLS\H4310.RFS H4310

smartinez on DSK6TPTVN1PROD with BILLS
158 

HR 4310 RFS

1 fense for the handling, labeling, and packaging of haz2 ardous material shipments. 

3 (b) MATTERS INCLUDED.—The review conducted 

4 under subsection (a) shall address the following: 

5 (1) The relevant statutes, regulations, and guid6 ance and policies of the Department of Defense per7 taining to the handling, labeling, and packaging pro8 cedures of hazardous material shipments to support 

9 military operations. 

10 (2) The extent to which the such guidance, poli11 cies, and procedures contribute to the safe, timely, 

12 and cost-effective handling of such material. 

13 (3) The extent to which discrepancies in De14 partment of Transportation guidance, policies, and 

15 procedures pertaining to handling, labeling, and 

16 packaging of hazardous materials shipments in com17 merce and similar Department of Defense guidance, 

18 policies, and procedures pertaining to the handling, 

19 labeling, and packaging of hazardous materials ship20 ments impact the safe, timely, and cost-effective 

21 handling of such material. 

22 (4) Any additional matters that the Comptroller 

23 General determines will further inform the appro24 priate congressional committees on issues related to 

25 the handling, labeling, and packaging procedures for 


smartinez on DSK6TPTVN1PROD with BILLS
159 

HR 4310 RFS

1 hazardous material shipments to members of the 

2 Armed Forces worldwide. 

3 (c) REPORT.—Not later than one year after the date 

4 of the enactment of this Act, the Comptroller General shall 

5 submit to the appropriate congressional committees a re6 port of the review conducted under subsection (a). 

7 (d) APPROPRIATE CONGRESSIONAL COMMITTEES.— 

8 In this section, the term ‘‘appropriate congressional com9 mittees’’ means the following: 

10 (1) The congressional defense committees. 

11 (2) The Committee on Transportation and In12 frastructure of the House of Representatives and the 

13 Committee on Commerce, Science, and Transpor14 tation of the Senate. 

15 TITLE IV—MILITARY 

16 PERSONNEL AUTHORIZATIONS 

17 Subtitle A—Active Forces 

18 SEC. 401. END STRENGTHS FOR ACTIVE FORCES. 

19 The Armed Forces are authorized strengths for active 

20 duty personnel as of September 30, 2013, as follows: 

21 (1) The Army, 552,100. 

22 (2) The Navy, 322,700. 

23 (3) The Marine Corps, 197,300. 

24 (4) The Air Force, 330,383. 


smartinez on DSK6TPTVN1PROD with BILLS
160 

HR 4310 RFS

1 SEC. 402. REVISION IN PERMANENT ACTIVE DUTY END 

2 STRENGTH MINIMUM LEVELS. 

3 Section 691(b) of title 10, United States Code, is 

4 amended by striking paragraphs (1) through (4) and in5 serting the following new paragraphs: 

6 ‘‘(1) For the Army, 552,100. 

7 ‘‘(2) For the Navy, 322,700. 

8 ‘‘(3) For the Marine Corps, 197,300. 

9 ‘‘(4) For the Air Force, 330,383.’’. 

10 SEC. 403. LIMITATIONS ON END STRENGTH REDUCTIONS 

11 FOR REGULAR COMPONENT OF THE ARMY 

12 AND MARINE CORPS. 

13 (a) ANNUAL CERTIFICATION.—Subject to sub14 sections (b) and (c), if the President determines that a 

15 reduction in end strength of the regular component of the 

16 Army or Marine Corps (or both) is necessary for any of 

17 fiscal years 2014 through 2017, the President shall submit 

18 to Congress, with the budget request for that fiscal year, 

19 a certification that the reduction in end strength, should 

20 the assumptions of the National Security Strategy pre21 scribed by the President in the most recent annual na22 tional security strategy report under section 108 of the 

23 National Security Act of 1947 (50 U.S.C. 404a) prove to 

24 be incorrect, will not— 


smartinez on DSK6TPTVN1PROD with BILLS
161 

HR 4310 RFS

1 (1) undermine the ability of the Armed Forces 

2 to meet the requirements of the National Security 

3 Strategy; 

4 (2) increase security risks for the United 

5 States; or 

6 (3) compel members of the Armed Forces to en7 dure diminished dwell time and repeated deploy8 ments. 

9 (b) ANNUAL LIMITATION ON REDUCTIONS.— 

10 (1) ARMY.—The end strength of the regular 

11 component of the Army shall not be reduced by 

12 more than 15,000 members during each of fiscal 

13 years 2014 through 2017 from the end strength of 

14 the regular component of the Army at the end of the 

15 preceding fiscal year. 

16 (2) MARINE CORPS.—The end strength of the 

17 regular component of the Marine Corps shall not be 

18 reduced by more than 5,000 members during each 

19 of fiscal years 2014 through 2017 from the end 

20 strength of the regular component of the Marine 

21 Corps at the end of the preceding fiscal year. 

22 (c) BUDGETING REQUIREMENT.—The budget for the 

23 Department of Defense for each of fiscal years 2014 

24 through 2017 as submitted to Congress— 


smartinez on DSK6TPTVN1PROD with BILLS
162 

HR 4310 RFS

1 (1) shall include amounts for maintaining an 

2 end strength of the regular component of the Army 

3 and the Marine Corps sufficient to comply with the 

4 active duty end strengths prescribed in section 

5 691(b) of title 10, United States Code; and 

6 (2) shall not rely on any emergency, supple7 mental, or overseas contingency operations funding. 

8 SEC. 404. EXCLUSION OF MEMBERS WITHIN THE INTE9 GRATED DISABILITY EVALUATION SYSTEM 

10 FROM END STRENGTH LEVELS FOR ACTIVE 

11 FORCES. 

12 (a) EXCLUSION.—A member of the Armed Forces 

13 who is within the Integrated Disability Evaluation System 

14 as of the last day of any of fiscal years 2013 through 2018 

15 shall not be counted toward the end strength levels for 

16 active duty members of the Armed Forces prescribed for 

17 that fiscal year. 

18 (b) FUNDING SOURCE.—The Secretary of Defense 

19 shall use funds authorized to be appropriated for overseas 

20 contingency operations being carried out by the Armed 

21 Forces to cover any military personnel expenses incurred 

22 as a result of the exclusion under subsection (a) of mem23 bers of the Armed Forces from the end strengths levels 

24 for active forces. 


smartinez on DSK6TPTVN1PROD with BILLS
163 

HR 4310 RFS

1 Subtitle B—Reserve Forces 

2 SEC. 411. END STRENGTHS FOR SELECTED RESERVE. 

3 (a) IN GENERAL.—The Armed Forces are authorized 

4 strengths for Selected Reserve personnel of the reserve 

5 components as of September 30, 2013, as follows: 

6 (1) The Army National Guard of the United 

7 States, 358,200. 

8 (2) The Army Reserve, 205,000. 

9 (3) The Navy Reserve, 62,500. 

10 (4) The Marine Corps Reserve, 39,600. 

11 (5) The Air National Guard of the United 

12 States, 106,005. 

13 (6) The Air Force Reserve, 72,428. 

14 (7) The Coast Guard Reserve, 9,000. 

15 (b) END STRENGTH REDUCTIONS.—The end 

16 strengths prescribed by subsection (a) for the Selected Re17 serve of any reserve component shall be proportionately 

18 reduced by— 

19 (1) the total authorized strength of units orga20 nized to serve as units of the Selected Reserve of 

21 such component which are on active duty (other 

22 than for training) at the end of the fiscal year; and 

23 (2) the total number of individual members not 

24 in units organized to serve as units of the Selected 

25 Reserve of such component who are on active duty 


smartinez on DSK6TPTVN1PROD with BILLS
164 

HR 4310 RFS

1 (other than for training or for unsatisfactory partici2 pation in training) without their consent at the end 

3 of the fiscal year. 

4 (c) END STRENGTH INCREASES.—Whenever units or 

5 individual members of the Selected Reserve of any reserve 

6 component are released from active duty during any fiscal 

7 year, the end strength prescribed for such fiscal year for 

8 the Selected Reserve of such reserve component shall be 

9 increased proportionately by the total authorized strengths 

10 of such units and by the total number of such individual 

11 members. 

12 SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE 

13 DUTY IN SUPPORT OF THE RESERVES. 

14 Within the end strengths prescribed in section 

15 411(a), the reserve components of the Armed Forces are 

16 authorized, as of September 30, 2013, the following num17 ber of Reserves to be serving on full-time active duty or 

18 full-time duty, in the case of members of the National 

19 Guard, for the purpose of organizing, administering, re20 cruiting, instructing, or training the reserve components: 

21 (1) The Army National Guard of the United 

22 States, 32,060. 

23 (2) The Army Reserve, 16,277. 

24 (3) The Navy Reserve, 10,114. 

25 (4) The Marine Corps Reserve, 2,261. 


smartinez on DSK6TPTVN1PROD with BILLS
165 

HR 4310 RFS

1 (5) The Air National Guard of the United 

2 States, 14,952. 

3 (6) The Air Force Reserve, 2,888. 

4 SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS 

5 (DUAL STATUS). 

6 The minimum number of military technicians (dual 

7 status) as of the last day of fiscal year 2013 for the re8 serve components of the Army and the Air Force (notwith9 standing section 129 of title 10, United States Code) shall 

10 be the following: 

11 (1) For the Army National Guard of the United 

12 States, 27,210. 

13 (2) For the Army Reserve, 8,395. 

14 (3) For the Air National Guard of the United 

15 States, 22,272. 

16 (4) For the Air Force Reserve, 10,946. 

17 SEC. 414. FISCAL YEAR 2013 LIMITATION ON NUMBER OF 

18 NON-DUAL STATUS TECHNICIANS. 

19 (a) LIMITATIONS.— 

20 (1) NATIONAL GUARD.—Within the limitation 

21 provided in section 10217(c)(2) of title 10, United 

22 States Code, the number of non-dual status techni23 cians employed by the National Guard as of Sep24 tember 30, 2013, may not exceed the following: 


smartinez on DSK6TPTVN1PROD with BILLS
166 

HR 4310 RFS

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 

11 90. 

12 (b) NON-DUAL STATUS TECHNICIANS DEFINED.—In 

13 this section, the term ‘‘non-dual status technician’’ has the 

14 meaning given that term in section 10217(a) of title 10, 

15 United States Code. 

16 SEC. 415. MAXIMUM NUMBER OF RESERVE PERSONNEL AU17 THORIZED TO BE ON ACTIVE DUTY FOR 

18 OPERATIONAL SUPPORT. 

19 During fiscal year 2013, the maximum number of 

20 members of the reserve components of the Armed Forces 

21 who may be serving at any time on full-time operational 

22 support duty under section 115(b) of title 10, United 

23 States Code, is the following: 

24 (1) The Army National Guard of the United 

25 States, 17,000. 


smartinez on DSK6TPTVN1PROD with BILLS
167 

HR 4310 RFS

1 (2) The Army Reserve, 13,000. 

2 (3) The Navy Reserve, 6,200. 

3 (4) The Marine Corps Reserve, 3,000. 

4 (5) The Air National Guard of the United 

5 States, 16,000. 

6 (6) The Air Force Reserve, 14,000. 

7 Subtitle C—Authorization of 

8 Appropriations 

9 SEC. 421. MILITARY PERSONNEL. 

10 (a) AUTHORIZATION OF APPROPRIATIONS.—Funds 

11 are hereby authorized to be appropriated for fiscal year 

12 2013 for the use of the Armed Forces and other activities 

13 and agencies of the Department of Defense for expenses, 

14 not otherwise provided for, for military personnel, as spec15 ified in the funding table in section 4401. 

16 (b) CONSTRUCTION OF AUTHORIZATION.—The au17 thorization of appropriations in subsection (a) supersedes 

18 any other authorization of appropriations (definite or in19 definite) for such purpose for fiscal year 2013. 


smartinez on DSK6TPTVN1PROD with BILLS
168 

HR 4310 RFS

1 TITLE V—MILITARY PERSONNEL 

2 POLICY 

3 Subtitle A—Officer Personnel 

4 Policy Generally 

5 SEC. 501. LIMITATION ON NUMBER OF NAVY FLAG OFFI6 CERS ON ACTIVE DUTY. 

7 (a) ADDITIONAL FLAG OFFICER AUTHORIZED.—Sec8 tion 526(a)(2) of title 10, United States Code, is amended 

9 by striking ‘‘160’’ and inserting ‘‘161’’. 

10 (b) CORRESPONDING CHANGE IN COMPUTING NUM11 BER OF FLAG OFFICERS IN STAFF CORPS OF THE

12 NAVY.—Section 5150(c) of such title is amended by strik13 ing the last sentence. 

14 SEC. 502. EXCEPTION TO REQUIRED RETIREMENT AFTER 30 

15 YEARS OF SERVICE FOR REGULAR NAVY 

16 WARRANT OFFICERS IN THE GRADE OF 

17 CHIEF WARRANT OFFICER, W–5. 

18 Section 1305(a) of title 10, United States Code, is 

19 amended— 

20 (1) in paragraph (1)— 

21 (A) by striking ‘‘A regular warrant officer 

22 (other than a regular Army warrant officer)’’ 

23 and inserting ‘‘Subject to paragraphs (2) and 

24 (3), a regular warrant officer’’; and 


smartinez on DSK6TPTVN1PROD with BILLS
169 

HR 4310 RFS

1 (B) by striking ‘‘he’’ and inserting ‘‘the of2 ficer’’; and 

3 (2) by adding at the end the following new 

4 paragraph: 

5 ‘‘(3) In the case of a regular Navy warrant officer 

6 in the grade of chief warrant officer, W–5, the officer shall 

7 be retired 60 days after the date on which the officer com8 pletes 33 years of total active service.’’. 

9 SEC. 503. AIR FORCE CHIEF AND DEPUTY CHIEF OF CHAP10 LAINS. 

11 (a) ESTABLISHMENT OF POSITIONS; APPOINT12 MENT.—Chapter 805 of title 10, United States Code, is 

13 amended by adding at the end the following new section: 

14 ‘‘§ 8039. Chief and Deputy Chief of Chaplains: ap15 pointment; duties 

16 ‘‘(a) CHIEF OF CHAPLAINS.—(1) There is a Chief of 

17 Chaplains in the Air Force, appointed by the President, 

18 by and with the advice and consent of the Senate, from 

19 officers of the Air Force designated under section 8067(h) 

20 of this title as chaplains who— 

21 ‘‘(A) are serving in the grade of colonel or 

22 above; 

23 ‘‘(B) are serving on active duty; and 

24 ‘‘(C) have served on active duty as a chaplain 

25 for at least eight years. 


smartinez on DSK6TPTVN1PROD with BILLS
170 

HR 4310 RFS

1 ‘‘(2) An officer appointed as the Chief of Chaplains 

2 shall be appointed for a term of three years. However, the 

3 President may terminate or extend the appointment at 

4 any time. 

5 ‘‘(3) The Chief of Chaplains shall perform such du6 ties as may be prescribed by the Secretary of the Air Force 

7 and by law. 

8 ‘‘(b) DEPUTY CHIEF OF CHAPLAINS.—(1) There is 

9 a Deputy Chief of Chaplains in the Air Force, appointed 

10 by the President, by and with the advice and consent of 

11 the Senate, from officers of the Air Force designated 

12 under section 8067(h) of this title as chaplains who— 

13 ‘‘(A) are serving in the grade of colonel; 

14 ‘‘(B) are serving on active duty; and 

15 ‘‘(C) have served on active duty as a chaplain 

16 for at least eight years. 

17 ‘‘(2) An officer appointed as the Deputy Chief of 

18 Chaplains shall be appointed for a term of three years. 

19 However, the President may terminate or extend the ap20 pointment at any time. 

21 ‘‘(3) The Deputy Chief of Chaplains shall perform 

22 such duties as may be prescribed by the Secretary of the 

23 Air Force and the Chief of Chaplains and by law. 

24 ‘‘(c) SELECTION BOARD.—Under regulations ap25 proved by the Secretary of Defense, the Secretary of the 


smartinez on DSK6TPTVN1PROD with BILLS
171 

HR 4310 RFS

1 Air Force, in selecting an officer for recommendation to 

2 the President for appointment as the Chief of Chaplains 

3 or the Deputy Chief of Chaplains, shall ensure that the 

4 officer selected is recommended by a board of officers that, 

5 insofar as practicable, is subject to the procedures applica6 ble to the selection boards convened under chapter 36 of 

7 this title.’’. 

8 (b) CLERICAL AMENDMENT.—The table of sections 

9 at the beginning of such chapter is amended by adding 

10 at the end the following new item: 

‘‘8039. Chief and Deputy Chief of Chaplains: appointment; duties.’’. 

11 SEC. 504. EXTENSION OF TEMPORARY AUTHORITY TO RE12 DUCE MINIMUM LENGTH OF ACTIVE SERVICE 

13 AS A COMMISSIONED OFFICER REQUIRED 

14 FOR VOLUNTARY RETIREMENT AS AN OFFI15 CER. 

16 (a) ARMY.—Section 3911(b)(2) of title 10, United 

17 States Code, is amended by striking ‘‘September 30, 

18 2013’’ and inserting ‘‘September 30, 2018’’. 

19 (b) NAVY AND MARINE CORPS.—Section 

20 6323(a)(2)(B) of such title is amended by striking ‘‘Sep21 tember 30, 2013’’ and inserting ‘‘September 30, 2018’’. 

22 (c) AIR FORCE.—Section 8911(b)(2) of such title is 

23 amended by striking ‘‘September 30, 2013’’ and inserting 

24 ‘‘September 30, 2018’’. 


smartinez on DSK6TPTVN1PROD with BILLS
172 

HR 4310 RFS

1 SEC. 505. TEMPORARY INCREASE IN THE TIME-IN-GRADE 

2 RETIREMENT WAIVER LIMITATION FOR LIEU3 TENANT COLONELS AND COLONELS IN THE 

4 ARMY, AIR FORCE, AND MARINE CORPS AND 

5 COMMANDERS AND CAPTAINS IN THE NAVY. 

6 Section 1370(a)(2)(F) of title 10, United States 

7 Code, is amended— 

8 (1) by striking ‘‘the period ending on December 

9 31, 2007’’ and inserting ‘‘fiscal years 2013 through 

10 2018’’; 

11 (2) by striking ‘‘Air Force’’ and inserting 

12 ‘‘Army, Air Force, and Marine Corps’’; and 

13 (3) by striking ‘‘in the period’’. 

14 SEC. 506. MODIFICATION TO LIMITATIONS ON NUMBER OF 

15 OFFICERS FOR WHOM SERVICE-IN-GRADE RE16 QUIREMENTS MAY BE REDUCED FOR RETIRE17 MENT IN GRADE UPON VOLUNTARY RETIRE18 MENT. 

19 Section 1370(a)(2) of title 10, United States Code, 

20 is amended— 

21 (1) in subparagraph (E)— 

22 (A) by inserting ‘‘(i)’’ after ‘‘exceed’’; and 

23 (B) by inserting before the period at the 

24 end the following: ‘‘or (ii) in the case of officers 

25 of that armed forces in a grade specified in subVerDate Mar 15 2010 01:00 Jun 20, 2012 Jkt 019200 PO 00000 Frm 00172 Fmt 6652 Sfmt 6201 E:\BILLS\H4310.RFS H4310

smartinez on DSK6TPTVN1PROD with BILLS
173 

HR 4310 RFS

1 paragraph (G), two officers, whichever number 

2 is greater’’; and 

3 (2) by adding at the end the following new sub4 paragraph: 

5 ‘‘(G) Notwithstanding subparagraph (E), during fis6 cal years 2013 through 2017, the total number of briga7 dier generals and major generals of the Army, Air Force, 

8 and Marine Corps, and the total number of rear admirals 

9 (lower half) and rear admirals of the Navy, for whom a 

10 reduction is made under this section during any fiscal year 

11 of service-in-grade otherwise required under this para12 graph— 

13 ‘‘(i) for officers of the Army, Navy, and Air 

14 Force, may not exceed five percent of the authorized 

15 active-duty strength for that fiscal year for officers 

16 of that armed force in those grades; and 

17 ‘‘(ii) for officers of the Marine Corps, may not 

18 exceed 10 percent of the authorized active-duty 

19 strength for that fiscal year for officers in those 

20 grades.’’. 

21 SEC. 507. DIVERSITY IN MILITARY LEADERSHIP AND RE22 LATED REPORTING REQUIREMENTS. 

23 (a) PLAN TO ACHIEVE MILITARY LEADERSHIP RE24 FLECTING DIVERSITY OF UNITED STATES POPU25 LATION.— 


smartinez on DSK6TPTVN1PROD with BILLS
174 

HR 4310 RFS

1 (1) IN GENERAL.—Chapter 37 of title 10, 

2 United States Code, is amended by adding at the 

3 end the following new section: 

4 ‘‘§ 656. Diversity in military leadership: plan 

5 ‘‘(a) PLAN.—The Secretary of Defense (and the Sec6 retary of Homeland Security in the case of the Coast 

7 Guard) shall develop and implement a plan to accurately 

8 measure the efforts of the Department of Defense to 

9 achieve a dynamic, sustainable level of members of the 

10 armed forces (including reserve components) that, among 

11 both commissioned officers and senior enlisted personnel 

12 of each armed force, will reflect the diverse population of 

13 the United States eligible to serve in the armed forces, 

14 including gender specific, racial, and ethnic populations. 

15 Any metric established pursuant to this subsection may 

16 not be used in a manner that undermines the merit-based 

17 processes of the Department of Defense, including such 

18 processes for accession, retention, and promotion. Such 

19 metrics may not be combined with the identification of 

20 specific quotas based upon diversity characteristics. The 

21 Secretary shall continue to account for diversified lan22 guage and cultural skills among the total force of the mili23 tary. 

24 ‘‘(b) METRICS TO MEASURE PROGRESS IN DEVEL25 OPING AND IMPLEMENTING PLAN.—In developing and imVerDate Mar 15 2010 01:00 Jun 20, 2012 Jkt 019200 PO 00000 Frm 00174 Fmt 6652 Sfmt 6201 E:\BILLS\H4310.RFS H4310

smartinez on DSK6TPTVN1PROD with BILLS
175 

HR 4310 RFS

1 plementing the plan under subsection (a), the Secretary 

2 of Defense (and the Secretary of Homeland Security in 

3 the case of the Coast Guard) shall develop a standard set 

4 of metrics and collection procedures that are uniform 

5 across the armed forces. The metrics required by this sub6 section shall be designed— 

7 ‘‘(1) to accurately capture the inclusion and ca8 pability aspects of the armed forces broader diversity 

9 plans, including race, ethnic, and gender specific 

10 groups, functional expertise, and diversified cultural 

11 and language skills as to leverage and improve readi12 ness; and 

13 ‘‘(2) to be verifiable and systematically linked 

14 to strategic plans that will drive improvements. 

15 ‘‘(c) DEFINITION OF DIVERSITY.—In developing and 

16 implementing the plan under subsection (a), the Secretary 

17 of Defense (and the Secretary of Homeland Security in 

18 the case of the Coast Guard) shall develop a uniform defi19 nition of diversity. 

20 ‘‘(d) CONSULTATION.—Not less than annually, the 

21 Secretary of Defense and the Secretary of Homeland Se22 curity shall meet with the Secretaries of the military de23 partments, the Joint Chiefs of Staff, the Commandant of 

24 the Coast Guard, and senior enlisted members of the 

25 armed forces to discuss the progress being made toward 


smartinez on DSK6TPTVN1PROD with BILLS
176 

HR 4310 RFS

1 developing and implementing the plan established under 

2 subsection (a). 

3 ‘‘(e) COOPERATION WITH STATES.—The Secretary of 

4 Defense shall coordinate with the National Guard Bureau 

5 and States in tracking the progress of the National Guard 

6 toward developing and implementing the plan established 

7 under subsection (a).’’. 

8 (2) CLERICAL AMENDMENT.—The table of sec9 tions at the beginning of such chapter is amended 

10 by adding at the end the following new item: 

‘‘656. Diversity in military leadership: plan.’’. 

11 (b) INCLUSION IN DOD MANPOWER REQUIREMENTS

12 REPORT.—Section 115a(c) of such title is amended by 

13 adding at the end the following new paragraphs: 

14 ‘‘(4) The progress made in implementing the 

15 plan required by section 656 of this title to accu16 rately measure the efforts of the Department to re17 flect the diverse population of the United States eli18 gible to serve in the armed forces. 

19 ‘‘(5) The number of members of the armed 

20 forces, including reserve components, listed by sex 

21 and race or ethnicity for each rank under each mili22 tary department. 

23 ‘‘(6) The number of members of the armed 

24 forces, including reserve components, who were pro25 moted during the year covered by the report, listed 


smartinez on DSK6TPTVN1PROD with BILLS
177 

HR 4310 RFS

1 by sex and race or ethnicity for each rank under 

2 each military department. 

3 ‘‘(7) The number of members of the armed 

4 forces, including reserve components, who reenlisted 

5 or otherwise extended the commitment to military 

6 service during the year covered by the report, listed 

7 by sex and race or ethnicity for each rank under 

8 each military department. 

9 ‘‘(8) The available pool of qualified candidates 

10 for the general officer grades of general and lieuten11 ant general and the flag officer grades of admiral 

12 and vice admiral.’’. 

13 (c) COAST GUARD REPORT.— 

14 (1) ANNUAL REPORT REQUIRED.—The Sec15 retary of Homeland Security shall prepare an annual 

16 report addressing diversity among commissioned of17 ficers of the Coast Guard and Coast Guard Reserve 

18 and among enlisted personnel of the Coast Guard 

19 and Coast Guard Reserve. The report shall in20 clude— 

21 (A) an assessment of the available pool of 

22 qualified candidates for the flag officer grades 

23 of admiral and vice admiral; 


smartinez on DSK6TPTVN1PROD with BILLS
178 

HR 4310 RFS

1 (B) the number of such officers and per2 sonnel, listed by sex and race or ethnicity for 

3 each rank; 

4 (C) the number of such officers and per5 sonnel who were promoted during the year cov6 ered by the report, listed by sex and race or 

7 ethnicity for each rank; and 

8 (D) the number of such officers and per9 sonnel who reenlisted or otherwise extended the 

10 commitment to the Coast Guard during the 

11 year covered by the report, listed by sex and 

12 race or ethnicity for each rank. 

13 (2) SUBMISSION.—The report under paragraph 

14 (1) shall be submitted each year not later than 45 

15 days after the date on which the President submits 

16 to Congress the budget for the next fiscal year under 

17 section 1105 of title 31, United States Code. Each 

18 report shall be submitted to the Committee on 

19 Armed Services, the Committee on Transportation 

20 and Infrastructure, and the Committee on Home21 land Security of the House of Representatives, and 

22 the Committee on Armed Services and the Com23 mittee on Commerce, Science, and Transportation of 

24 the Senate. 


smartinez on DSK6TPTVN1PROD with BILLS
179 

HR 4310 RFS

1 Subtitle B—Reserve Component 

2 Management 

3 SEC. 511. CODIFICATION OF STAFF ASSISTANT POSITIONS 

4 FOR JOINT STAFF RELATED TO NATIONAL 

5 GUARD AND RESERVE MATTERS. 

6 (a) CODIFICATION OF EXISTING POSITIONS.—Chap7 ter 5 of title 10, United States Code, is amended by insert8 ing after section 155 the following new section: 

9 ‘‘§ 155a. Assistants to the Chairman of the Joint 

10 Chiefs of Staff for National Guard mat11 ters and for Reserve matters 

12 ‘‘(a) ESTABLISHMENT OF POSITIONS.—The Sec13 retary of Defense shall establish the following positions 

14 within the Joint Staff: 

15 ‘‘(1) Assistant to the Chairman of the Joint 

16 Chiefs of Staff for National Guard Matters. 

17 ‘‘(2) Assistant to the Chairman of the Joint 

18 Chiefs of Staff for Reserve Matters. 

19 ‘‘(b) SELECTION.—(1) The Assistant to the Chair20 man of the Joint Chiefs of Staff for National Guard Mat21 ters shall be selected by the Chairman from officers of the 

22 Army National Guard of the United States or the Air 

23 Guard of the United States who— 

24 ‘‘(A) are recommended for such selection by 

25 their respective Governors or, in the case of the DisVerDate Mar 15 2010 01:00 Jun 20, 2012 Jkt 019200 PO 00000 Frm 00179 Fmt 6652 Sfmt 6201 E:\BILLS\H4310.RFS H4310

smartinez on DSK6TPTVN1PROD with BILLS
180 

HR 4310 RFS

1 trict of Columbia, the commanding general of the 

2 District of Columbia National Guard; 

3 ‘‘(B) have had at least 10 years of federally rec4 ognized commissioned service in the National Guard 

5 and significant joint duty experience, as determined 

6 by the Chairman of the Joint Chiefs of Staff; and 

7 ‘‘(C) are in a grade above the grade of colonel. 

8 ‘‘(2) The Assistant to the Chairman of the Joint 

9 Chiefs of Staff for Reserve Matters shall be selected by 

10 the Chairman from officers of the Army Reserve, the Navy 

11 Reserve, the Marine Corps Reserve, or the Air Force Re12 serve who— 

13 ‘‘(A) are recommended for such selection by the 

14 Secretary of the military department concerned; 

15 ‘‘(B) have had at least 10 years of commis16 sioned service in their reserve component and signifi17 cant joint duty experience, as determined by the 

18 Chairman of the Joint Chiefs of Staff; and 

19 ‘‘(C) are in a grade above the grade of colonel 

20 or, in the case of the Navy Reserve, captain. 

21 ‘‘(c) TERM OF OFFICE.—Each Assistant to the 

22 Chairman of the Joint Chiefs of Staff under subsection 

23 (a) serves at the pleasure of the Chairman for a term of 

24 two years and may be continued in that assignment in 


smartinez on DSK6TPTVN1PROD with BILLS
181 

HR 4310 RFS

1 the same manner for one additional term. However, in 

2 time of war there is no limit on the number of terms. 

3 ‘‘(d) GRADE.—Each Assistant to the Chairman of the 

4 Joint Chiefs of Staff under subsection (a), while so serv5 ing, holds the grade of major general or, in the case of 

6 the Navy Reserve, rear admiral. Each such officer shall 

7 be considered to be serving in a position covered by the 

8 limited exclusion from the authorized strength of general 

9 officers and flag officers on active duty provided by section 

10 526(b) of this title. 

11 ‘‘(e) DUTIES.—(1) The Assistant to the Chairman of 

12 the Joint Chiefs of Staff for National Guard Matters is 

13 an adviser to the Chairman on matters relating to the Na14 tional Guard and performs the duties prescribed for that 

15 position by the Chairman. 

16 ‘‘(2) The Assistant to the Chairman of the Joint 

17 Chiefs of Staff for Reserve Matters is an adviser to the 

18 Chairman on matters relating to the reserves and per19 forms the duties prescribed for that position by the Chair20 man. 

21 ‘‘(f) OTHER RESERVE COMPONENT REPRESENTA22 TION ON JOINT STAFF.—The Secretary of Defense, in 

23 consultation with the Chairman of the Joint Chiefs, shall 

24 develop appropriate policy guidance to ensure that, to the 

25 maximum extent practicable, the level of representation of 


smartinez on DSK6TPTVN1PROD with BILLS
182 

HR 4310 RFS

1 reserve component officers on the Joint Staff is commen2 surate with the significant role of the reserve components 

3 within the armed forces.’’. 

4 (b) CLERICAL AMENDMENT.—The table of sections 

5 at the beginning of such chapter is amended by inserting 

6 after the item related to section 155 the following new 

7 item: 

‘‘155a. Assistants to the Chairman of the Joint Chiefs of Staff for National 

Guard matters and for Reserve matters.’’. 

8 (c) REPEAL OF SUPERSEDED LAW.—Section 901 of 

9 the National Defense Authorization Act for Fiscal Year 

10 1998 (Public Law 105–85; 10 U.S.C. 155 note) is re11 pealed. 

12 SEC. 512. AUTOMATIC FEDERAL RECOGNITION OF PRO13 MOTION OF CERTAIN NATIONAL GUARD WAR14 RANT OFFICERS. 

15 Section 310(a) of title 32, United States Code, is 

16 amended— 

17 (1) by inserting ‘‘(1)’’ before ‘‘Notwith18 standing’’; and 

19 (2) by adding at the end the following new 

20 paragraph: 

21 ‘‘(2) Notwithstanding sections 307 and 309 of this 

22 title, if a warrant officer, W–1, of the National Guard is 

23 promoted to the grade of chief warrant officer, W–2, to 

24 fill a vacancy in a federally recognized unit in the National 


smartinez on DSK6TPTVN1PROD with BILLS
183 

HR 4310 RFS

1 Guard, Federal recognition is automatically extended to 

2 that officer in the grade of chief warrant officer, W–2, 

3 effective as of the date on which that officer has completed 

4 the service in the grade prescribe by the Secretary con5 cerned under section 12242 of title 10, if the warrant offi6 cer has remained in an active status since the warrant 

7 officer was so recommended.’’. 

8 SEC. 513. ON-LINE TRACKING OF CERTAIN RESERVE DUTY. 

9 The Secretary of Defense shall establish an online 

10 means by which members of the Ready Reserve of the 

11 Armed Forces can track their operational active-duty serv12 ice performed after January 28, 2008, under section 

13 12301(a), 12301(d), 12301(g), 12302, or 12304 of title 

14 10, United States Code. The tour calculator shall specify 

15 early retirement credit authorized for each qualifying tour 

16 of active duty, as well as cumulative early reserve retire17 ment credit authorized to date under the amendments to 

18 section 12731 of such title made by section 647 of the 

19 National Defense Authorization Act for fiscal year 2008 

20 (Public Law 110–181; 122 Stat. 160). 


smartinez on DSK6TPTVN1PROD with BILLS
184 

HR 4310 RFS

1 Subtitle C—General Service 

2 Authorities 

3 SEC. 521. MODIFICATIONS TO CAREER INTERMISSION 

4 PILOT PROGRAM. 

5 (a) EXTENSION OF PROGRAMS TO INCLUDE ACTIVE

6 GUARD AND RESERVE PERSONNEL.—Subsection (a)(1) of 

7 section 533 of Duncan Hunter National Defense Author8 ization Act for Fiscal Year 2009 (Public Law 110–417; 

9 122 Stat. 4449; 10 U.S.C. 701 prec.) is amended by in10 serting after ‘‘officers and enlisted members of the regular 

11 components’’ the following: ‘‘, and members of the Active 

12 Guard and Reserve (as defined in section 101(b)(16) of 

13 title 10, United States Code),’’. 

14 (b) AUTHORITY TO CARRY FORWARD UNUSED AC15 CRUED LEAVE.—Subsection (h) of such section is amend16 ed by adding at the end the following new paragraph: 

17 ‘‘(5) LEAVE.—A member who participates in a 

18 pilot program is entitled to carry forward the leave 

19 balance, existing as of the day on which the member 

20 begins participation and accumulated in accordance 

21 with section 701 of title 10, United States Code, but 

22 not to exceed 60 days.’’. 

23 (c) AUTHORITY FOR DISABILITY PROCESSING.—Sub24 section (j) of such section is amended— 


smartinez on DSK6TPTVN1PROD with BILLS
185 

HR 4310 RFS

1 (1) by striking ‘‘for purposes of the entitle2 ment’’ and inserting ‘‘for purposes of— 

3 ‘‘(1) the entitlement’’; 

4 (2) by striking the period at the end and insert5 ing ‘‘; and’’; and 

6 (3) by adding at the end the following new 

7 paragraph: 

8 ‘‘(2) retirement or separation for physical dis9 ability under the provisions of chapters 55 and 61 

10 of title 10, United States Code.’’. 

11 SEC. 522. AUTHORITY FOR ADDITIONAL BEHAVIORAL 

12 HEALTH PROFESSIONALS TO CONDUCT PRE13 SEPARATION MEDICAL EXAMS FOR POST14 TRAUMATIC STRESS DISORDER. 

15 Section 1177(a) of title 10, United States Code, is 

16 amended— 

17 (1) in paragraph (1), by striking ‘‘or psychia18 trist’’ and inserting ‘‘psychiatrist, licensed clinical 

19 social worker, or psychiatric nurse practitioner’’; and 

20 (2) in paragraph (3), by striking ‘‘or psychia21 trist’’ and inserting ‘‘, psychiatrist, licensed clinical 

22 social worker, or psychiatric nurse practitioner’’. 


smartinez on DSK6TPTVN1PROD with BILLS
186 

HR 4310 RFS

1 SEC. 523. AUTHORITY TO ACCEPT VOLUNTARY SERVICES 

2 TO ASSIST DEPARTMENT OF DEFENSE EF3 FORTS TO ACCOUNT FOR MISSING PERSONS. 

4 Section 1501(a)(6) of title 10, United States Code, 

5 is amended by adding at the end the following new sub6 paragraph: 

7 ‘‘(D) Notwithstanding section 1342 of title 31, the 

8 Secretary of Defense may accept voluntary services pro9 vided by individuals or non–Federal entities to further the 

10 purposes of this chapter.’’. 

11 SEC. 524. AUTHORIZED LEAVE AVAILABLE FOR MEMBERS 

12 OF THE ARMED FORCES UPON BIRTH OR 

13 ADOPTION OF A CHILD. 

14 Section 701 of title 10, United States Code, is 

15 amended— 

16 (1) by striking subsections (i) and (j) and in17 serting the following new subsection: 

18 ‘‘(i)(1) A member of the armed forces who gives birth 

19 to a child or who adopts a child in a qualifying child adop20 tion and will be primary caregiver for the adopted child 

21 shall receive 42 days of leave after the birth or adoption 

22 to be used in connection with the birth or adoption of the 

23 child. 

24 ‘‘(2) A married member of the armed forces on active 

25 duty whose wife gives birth to a child or who adopts a 

26 child in a qualifying child adoption, but will not be priVerDate Mar 15 2010 01:00 Jun 20, 2012 Jkt 019200 PO 00000 Frm 00186 Fmt 6652 Sfmt 6201 E:\BILLS\H4310.RFS H4310

smartinez on DSK6TPTVN1PROD with BILLS
187 

HR 4310 RFS

1 mary caregiver for the adopted child, shall receive 10 days 

2 of leave to be used in connection with the birth or adoption 

3 of the child. 

4 ‘‘(3) If two members of the armed forces who are 

5 married to each other adopt a child in a qualifying child 

6 adoption, only one of the members may be designated as 

7 primary caregiver for purposes of paragraph (1). In the 

8 case of a dual-military couple, the member authorized 

9 leave under paragraph (1) and the member authorized 

10 leave under paragraph (2) may utilize the leave at the 

11 same time. 

12 ‘‘(4) For the purpose of this subsection, an adoption 

13 of a child by a member is a qualifying child adoption if 

14 the member is eligible for reimbursement of qualified 

15 adoption expenses for such adoption under section 1052 

16 of this title. 

17 ‘‘(5) Leave authorized under this subsection is in ad18 dition to other leave provided under other provisions of 

19 this section. 

20 ‘‘(6) The Secretary of Defense may prescribe such 

21 regulations as may be necessary to carry out this sub22 section.’’; and 

23 (2) by redesignating subsection (k) as sub24 section (j). 


smartinez on DSK6TPTVN1PROD with BILLS
188 

HR 4310 RFS

1 SEC. 525. COMMAND RESPONSIBILITY AND ACCOUNT2 ABILITY FOR REMAINS OF MEMBERS OF THE 

3 ARMY, NAVY, AIR FORCE, AND MARINE CORPS 

4 WHO DIE OUTSIDE THE UNITED STATES. 

5 Not later than 60 days after the date of the enact6 ment of this Act, the Secretary of Defense shall take such 

7 steps as may be necessary to ensure that there is contin8 uous, designated military command responsibility and ac9 countability for the care, handling, and transportation of 

10 the remains of each deceased member of the Army, Navy, 

11 Air Force, or Marine Corps who died outside the United 

12 States, beginning with the initial recovery of the remains, 

13 through the defense mortuary system, until the interment 

14 of the remains or the remains are otherwise accepted by 

15 the person designated as provided by section 1482(c) of 

16 title 10, United States Code, to direct disposition of the 

17 remains. 

18 SEC. 526. REPORT ON FEASIBILITY OF DEVELOPING GEN19 DER-NEUTRAL OCCUPATIONAL STANDARDS 

20 FOR MILITARY OCCUPATIONAL SPECIALTIES 

21 CURRENTLY CLOSED TO WOMEN. 

22 Not later than 60 days after the date of the enact23 ment of this Act, the Secretary of Defense shall submit 

24 to the congressional defense committees a report evalu25 ating the feasibility of incorporating gender-neutral occu26 pational standards for military occupational specialties 


smartinez on DSK6TPTVN1PROD with BILLS
189 

HR 4310 RFS

1 closed, as of the date of the enactment of this Act, to fe2 male members of the Armed Forces. 

3 SEC. 527. COMPLIANCE WITH MEDICAL PROFILES ISSUED 

4 FOR MEMBERS OF THE ARMED FORCES. 

5 (a) COMPLIANCE REQUIREMENT.—The Secretary of 

6 a military department shall ensure that commanding offi7 cers— 

8 (1) do not prohibit or otherwise restrict the 

9 ability of physicians and other licensed health-care 

10 providers to issue a medical profile for a member of 

11 the Armed Forces; and 

12 (2) comply with the terms of a medical profile 

13 issued to a member of the Armed Forces is assign14 ing duties to the member. 

15 (b) LIMITED WAIVER AUTHORITY.—The first general 

16 officer or flag officer in the chain of command of a mem17 ber of the Armed Forces covered by a medical profile may 

18 authorize, on a case-by-case basis, a temporary waiver of 

19 the compliance requirement imposed by subsection (a)(2) 

20 if the officer determines that the assignment of duties to 

21 the member in violation of the terms of the medical profile 

22 is vital to ensuring the readiness of the member and the 

23 unit. 

24 (c) MEDICAL PROFILE DEFINED.—In this section, 

25 the term ‘‘medical profile’’, with respect to a member of 


smartinez on DSK6TPTVN1PROD with BILLS
190 

HR 4310 RFS

1 the Armed Forces, means a limitation imposed by a physi2 cian or other licensed health-care provider on the physical 

3 activity of the member on account of an illness or injury 

4 to facilitate the member’s recovery or reduce the serious5 ness of the illness or injury. 

6 Subtitle D—Military Justice and 

7 Legal Matters 

8 SEC. 531. CLARIFICATION AND ENHANCEMENT OF THE 

9 ROLE OF STAFF JUDGE ADVOCATE TO THE 

10 COMMANDANT OF THE MARINE CORPS. 

11 (a) APPOINTMENT BY THE PRESIDENT AND PERMA12 NENT APPOINTMENT TO GRADE OF MAJOR GENERAL.— 

13 Subsection (a) of section 5046 of title 10, United States 

14 Code, is amended— 

15 (1) in the first sentence, by striking ‘‘detailed’’ 

16 and inserting ‘‘appointed by the President, by and 

17 with the advice and consent of the Senate,’’; and 

18 (2) by striking the second sentence and insert19 ing the following: ‘‘If the officer to be appointed as 

20 the Staff Judge Advocate to the Commandant of the 

21 Marine Corps holds a grade lower than the grade of 

22 major general immediately before the appointment, 

23 the officer shall be appointed in the grade of major 

24 general.’’. 


smartinez on DSK6TPTVN1PROD with BILLS
191 

HR 4310 RFS

1 (b) DUTIES, AUTHORITY, AND ACCOUNTABILITY.— 

2 Such section is further amended— 

3 (1) by redesignating subsection (c) as sub4 section (d); and 

5 (2) by inserting after subsection (b) the fol6 lowing new subsection (c): 

7 ‘‘(c) The Staff Judge Advocate to the Commandant 

8 of the Marine Corps, under the direction of the Com9 mandant of the Marine Corps and the Secretary of the 

10 Navy, shall— 

11 ‘‘(1) perform such duties relating to legal mat12 ters arising in the Marine Corps as may be assigned 

13 to the Staff Judge Advocate; 

14 ‘‘(2) perform the functions and duties, and ex15 ercise the powers, prescribed for the Staff Judge Ad16 vocate to the Commandant of the Marine Corps in 

17 chapters 47 (the Uniform Code of Military Justice) 

18 and 53 of this title; and 

19 ‘‘(3) perform such other duties as may be as20 signed to the Staff Judge Advocate.’’. 

21 (c) COMPOSITION OF HEADQUARTERS, MARINE

22 CORPS.—Section 5041(b) of such title is amended— 

23 (1) by redesignating paragraphs (4) and (5) as 

24 paragraphs (5) and (6), respectively; and 


smartinez on DSK6TPTVN1PROD with BILLS
192 

HR 4310 RFS

1 (2) by inserting after paragraph (3) the fol2 lowing new paragraph (4): 

3 ‘‘(4) The Staff Judge Advocate to the Com4 mandant of the Marine Corps.’’. 

5 (d) SUPERVISION OF CERTAIN LEGAL SERVICES.— 

6 (1) ADMINISTRATION OF MILITARY JUSTICE.— 

7 Section 806(a) of such title (article 6(a) of the Uni8 form Code of Military Justice) is amended in the 

9 third sentence by striking ‘‘or senior members of his 

10 staff’’ and inserting ‘‘, the Staff Judge Advocate to 

11 the Commandant of the Marine Corps, or senior 

12 members of their staffs’’. 

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 

16 to the Commandant of the Marine Corps’’ after ‘‘ju17 risdiction of the Secretary’’. 

18 SEC. 532. PERSONS WHO MAY EXERCISE DISPOSITION AU19 THORITY REGARDING CHARGES INVOLVING 

20 CERTAIN SEXUAL MISCONDUCT OFFENSES 

21 UNDER THE UNIFORM CODE OF MILITARY 

22 JUSTICE. 

23 (a) PERSONS WHO MAY EXERCISE DISPOSITION AU24 THORITY.— 


smartinez on DSK6TPTVN1PROD with BILLS
193 

HR 4310 RFS

1 (1) DISPOSITION AUTHORITY.—With respect to 

2 any charge under chapter 47 of title 10, United 

3 States Code (the Uniform Code of Military Justice) 

4 that alleges an offense specified in paragraph (2), 

5 the Secretary of Defense shall require the Secre6 taries of the military departments to restrict disposi7 tion authority under section 830 of such chapter (ar8 ticle 30 of the Uniform Code of Military Justice) to 

9 officers of the Armed Forces who have the authority 

10 to convene special courts-martial under section 823 

11 of such chapter (article 23 of the Uniform Code of 

12 Military Justice), but no lower than the first colonel, 

13 or in the case of the Navy, the first captain, with 

14 a legal advisor (or access to a legal advisor) in the 

15 chain of command of the person accused of commit16 ting the offense. 

17 (2) COVERED OFFENSES.—Paragraph (1) ap18 plies with respect to a charge that alleges any of the 

19 following offenses under chapter 47 of title 10, 

20 United States Code (the Uniform Code of Military 

21 Justice): 

22 (A) Rape or sexual assault under sub23 section (a) or (b) of section 920 of such chapter 

24 (article 120). 


smartinez on DSK6TPTVN1PROD with BILLS
194 

HR 4310 RFS

1 (B) Forcible sodomy under section 925 of 

2 such chapter (article 125). 

3 (C) An attempt to commit an offense spec4 ified in paragraph (1) or (2), as punishable 

5 under section 880 of such chapter (article 80). 

6 (b) IMPLEMENTATION.— 

7 (1) SERVICE SECRETARIES.—The Secretaries of 

8 the military departments shall revise policies and 

9 procedures as necessary to comply with subsection 

10 (a). 

11 (2) SECRETARY OF DEFENSE.—Not later than 

12 180 days after the date of the enactment of this Act, 

13 the Secretary of Defense shall recommend such 

14 changes to the Manual for Courts-Martial as are 

15 necessary to ensure compliance with subsection (a). 

16 (c) RECOMMENDATION OF ADDITIONAL CHANGES TO

17 MANUAL FOR COURTS-MARTIAL OR UCMJ POLICY.—Not 

18 later than 180 days after the date of the enactment of 

19 this Act, the Secretary of Defense shall make rec20 ommendations for additional changes to the Manual for 

21 Courts-Martial or to Department of Defense policies that 

22 would— 

23 (1) ensure the consideration of the material 

24 facts regarding an alleged offense specified in sub25 section (a)(2) or other sexual offense under sections 


smartinez on DSK6TPTVN1PROD with BILLS
195 

HR 4310 RFS

1 920 through 920c of title 10, United States Code 

2 (articles 120 through 120c of the Uniform Code of 

3 Military Justice) is given precedence over the consid4 eration of the character of the military service of the 

5 person accused of the sexual offense; and 

6 (2) require all commanders who receive a report 

7 or complaint alleging an offense specified in sub8 section (a)(2) to refer the report or complaint to the 

9 Defense Criminal Investigative Service, Army Crimi10 nal Investigative Command, Naval Criminal Inves11 tigative Service, or Air Force Office of Special Inves12 tigations, as the case may be. 

13 SEC. 533. INDEPENDENT REVIEW AND ASSESSMENT OF UNI14 FORM CODE OF MILITARY JUSTICE AND JU15 DICIAL PROCEEDINGS OF SEXUAL ASSAULT 

16 CASES. 

17 (a) INDEPENDENT REVIEW AND ASSESSMENT.—The 

18 Secretary of Defense shall establish an independent panel 

19 to conduct an independent review and assessment of judi20 cial proceedings under the Uniform Code of Military Jus21 tice involving sexual assault and related offenses for the 

22 purpose of developing potential improvements to such pro23 ceedings. 

24 (b) INDEPENDENT PANEL FOR REVIEW.— 


smartinez on DSK6TPTVN1PROD with BILLS
196 

HR 4310 RFS

1 (1) COMPOSITION.—The panel shall be com2 posed of five members, appointed by the Secretary 

3 of Defense from among private United States citi4 zens who have expertise in military law, civilian law, 

5 prosecution of sexual assaults in Federal criminal 

6 court, military justice policies, the missions of the 

7 Armed Forces, or offenses relating to rape, sexual 

8 assault, and other sexual misconduct under the Uni9 form Code of Military Justice. 

10 (2) CHAIR.—The chair of the panel shall be ap11 pointed by the Secretary from among the members 

12 of the panel appointed under paragraph (1). 

13 (3) PERIOD OF APPOINTMENT; VACANCIES.— 

14 Members shall be appointed for the life of the panel. 

15 Any vacancy in the panel shall be filled in the same 

16 manner as the original appointment. 

17 (4) DEADLINE FOR APPOINTMENTS.—All origi18 nal appointments to the panel shall be made not 

19 later than 120 days after the date of the enactment 

20 of this Act. 

21 (5) MEETINGS.—The panel shall meet at the 

22 call of the chair. 

23 (6) FIRST MEETING.—The chair shall call the 

24 first meeting of the panel not later than 60 days 


smartinez on DSK6TPTVN1PROD with BILLS
197 

HR 4310 RFS

1 after the date of the appointment of all the members 

2 of the panel. 

3 (7) DURATION.—The panel shall expire on Sep4 tember 30, 2017. 

5 (c) DUTIES.— 

6 (1) ANNUAL REPORT ON IMPLEMENTATION OF

7 UCMJ AMENDMENTS.—The panel shall prepare an8 nual reports regarding the implementation of the re9 forms to the offenses relating to rape, sexual as10 sault, and other sexual misconduct under the Uni11 form Code of Military Justice enacted by section 

12 541 of the National Defense Authorization Act for 

13 Fiscal Year 2012 (Public Law 112–81; 125 Stat. 

14 1404). 

15 (2) REVIEW AND CONSULTATION.—In pre16 paring the reports, the panel shall review, evaluate, 

17 and assess the following: 

18 (A) The advisory sentencing guidelines 

19 given by judges in Federal courts and how 

20 those guidelines compare to advisory sentencing 

21 guidance provided to panels rendering punish22 ments in court-martial proceedings, including 

23 whether it would be more beneficial for advisory 

24 sentencing guidelines to be provided to panels 


smartinez on DSK6TPTVN1PROD with BILLS
198 

HR 4310 RFS

1 or for discretion to be given to judges regarding 

2 whether to issue advisory sentencing guidelines. 

3 (B) The punishments or administrative ac4 tions taken in response to sexual assault court5 martial proceedings, including the number of 

6 punishments or administrative actions taken as 

7 rendered by a panel and the number of punish8 ments or administrative actions rendered by a 

9 judge and the consistency and proportionality of 

10 the decisions, punishments, and administrative 

11 actions to the facts of each case compared with 

12 Federal and State criminal courts. 

13 (C) The court-martial convictions of sexual 

14 assaults in the year covered by the report and 

15 the number and description of instances when 

16 punishments were reduced upon appeal and the 

17 instances in which the defendant appealed fol18 lowing a plea agreement, if such information is 

19 available. 

20 (D) The number of instances in which the 

21 previous sexual conduct of the alleged victim 

22 was considered in Article 32 proceedings and 

23 any instances where previous sexual conduct 

24 was deemed to be inadmissible. 


smartinez on DSK6TPTVN1PROD with BILLS
199 

HR 4310 RFS

1 (E) The number of instances in which evi2 dence of the previous sexual conduct of the al3 leged victim was introduced by the defense in a 

4 court-martial what impact that evidence had on 

5 the case. 

6 (F) The training level of defense and pros7 ecution trial counsel, including an inventory of 

8 the experience of JAG lead trial counsel in each 

9 instance and any existing standards or require10 ments for lead counsel, including their experi11 ence in defending or prosecuting sexual assault 

12 and related offenses. 

13 (G) Such other matters and materials as 

14 the panel considers appropriate for purposes of 

15 the reports. 

16 (3) UTILIZATION OF OTHER STUDIES.—In pre17 paring the reports, the panel may review, and incor18 porate as appropriate, the findings of applicable on19 going and completed studies. 

20 (4) FIRST REPORT.—Not later than 180 days 

21 after its first meeting, the panel shall submit to the 

22 Secretary of Defense and the Committees on Armed 

23 Services of the Senate and the House of Representa24 tives its first report under this subsection. The panel 

25 shall include proposals for such legislative or adminVerDate Mar 15 2010 01:00 Jun 20, 2012 Jkt 019200 PO 00000 Frm 00199 Fmt 6652 Sfmt 6201 E:\BILLS\H4310.RFS H4310

smartinez on DSK6TPTVN1PROD with BILLS
200 

HR 4310 RFS

1 istrative action as the panel considers appropriate in 

2 light of its review. 

3 (d) POWERS OF PANEL.— 

4 (1) HEARINGS.—The panel may hold such 

5 hearings, sit and act at such times and places, take 

6 such testimony, and receive such evidence as the 

7 panel considers appropriate to carry out its duties 

8 under this section. 

9 (2) INFORMATION FROM FEDERAL AGENCIES.— 

10 Upon request by the chair of the panel, any depart11 ment or agency of the Federal Government may pro12 vide information that the panel considers necessary 

13 to carry out its duties under this section. 

14 (e) PERSONNEL MATTERS.— 

15 (1) PAY OF MEMBERS.—Members of the panel 

16 shall serve without pay by reason of their work on 

17 the panel. 

18 (2) TRAVEL EXPENSES.—The members of the 

19 panel shall be allowed travel expenses, including per 

20 diem in lieu of subsistence, at rates authorized for 

21 employees of agencies under subchapter I of chapter 

22 57 of title 5, United States Code, while away from 

23 their homes or regular places of business in the per24 formance or services for the panel. 


smartinez on DSK6TPTVN1PROD with BILLS
201 

HR 4310 RFS

1 SEC. 534. COLLECTION AND RETENTION OF RECORDS ON 

2 DISPOSITION OF REPORTS OF SEXUAL AS3 SAULT. 

4 (a) COLLECTION.—The Secretary of Defense shall re5 quire that the Secretary of each military department es6 tablish a record on the disposition of any report of sexual 

7 assault, whether such disposition is court martial, non8 judicial punishment, or other administrative action. The 

9 record of any such disposition shall include the following, 

10 as appropriate: 

11 (1) Documentary information collected about 

12 the incident reported, other than investigator case 

13 notes. 

14 (2) Punishment imposed, including the sen15 tencing by judicial or non-judicial means including 

16 incarceration, fines, restriction, and extra duty as a 

17 result of military court-martial, Federal and local 

18 court and other sentencing, or any other punishment 

19 imposed. 

20 (3) Administrative actions taken, if any. 

21 (4) Any pertinent referrals offered as a result 

22 of the incident (such as drug and alcohol counseling 

23 and other types of counseling or intervention). 

24 (b) RETENTION.—The Secretary of Defense shall re25 quire that— 


smartinez on DSK6TPTVN1PROD with BILLS
202 

HR 4310 RFS

1 (1) the records established pursuant to sub2 section (a) be retained by the Department of De3 fense for a period of not less than 20 years; and 

4 (2) a copy of such records be maintained at a 

5 centralized location for the same period as applies to 

6 retention of the records under paragraph (1). 

7 SEC. 535. BRIEFING, PLAN, AND RECOMMENDATIONS RE8 GARDING EFFORTS TO PREVENT AND RE9 SPOND TO HAZING INCIDENTS INVOLVING 

10 MEMBERS OF THE ARMED FORCES. 

11 (a) BRIEFING AND PLAN REQUIRED.—Not later than 

12 May 1, 2013, the Secretary of Defense (and the Secretary 

13 of Homeland Security in the case of the Coast Guard) 

14 shall provide to the Committees on Armed Services of the 

15 Senate and House of Representatives a briefing and plan 

16 that outlines efforts by the Department of Defense and 

17 the Coast Guard— 

18 (1) to prevent the hazing of members of the 

19 Armed Forces by other members of the Armed 

20 Forces; and 

21 (2) to respond to and resolve alleged hazing in22 cidents involving members of the Armed Forces, in23 cluding the prosecution of offenders through the use 

24 of punitive articles under subchapter X of chapter 


smartinez on DSK6TPTVN1PROD with BILLS
203 

HR 4310 RFS

1 47 of title 10, United States Code (the Uniform 

2 Code of Military Justice). 

3 (b) DATABASE.—The plan required by subsection (a) 

4 shall include the establishment of a database for the pur5 pose of improving the ability of the Department of De6 fense and the Coast Guard— 

7 (1) to determine the extent to which hazing in8 cidents involving members of the Armed Forces are 

9 occurring and the nature of such hazing incidents; 

10 and 

11 (2) to track, respond to, and resolve hazing in12 cidents involving members of the Armed Forces. 

13 (c) RECOMMENDATIONS.—As part of the briefing re14 quired by subsection (a), the Secretary of Defense (and 

15 the Secretary of Homeland Security in the case of the 

16 Coast Guard) shall submit such recommendations for 

17 changes to the Uniform Code of Military Justice and the 

18 Manual for Courts-Martial as the Secretaries consider nec19 essary to improve the prosecution of hazing incidents. 

20 (d) CONSULTATION.—The Secretary of Defense shall 

21 prepare the plan, database, and recommendations required 

22 by this section in consultation with the Secretaries of the 

23 military departments. 

24 (e) TRANSFER OF VICTIMS OF HAZING IN THE

25 ARMED FORCES.—The Secretary concerned (as defined in 


smartinez on DSK6TPTVN1PROD with BILLS
204 

HR 4310 RFS

1 section 101(a)(9) of title 10, United States Code) shall 

2 develop and implement a procedure to transfer a member 

3 of that branch of the Armed Forces who has been the vic4 tim of a substantiated incident of hazing to another unit 

5 in such branch of the Armed Forces. 

6 (f) HAZING DESCRIBED.—For purposes of carrying 

7 out this section, the Secretary of Defense (and the Sec8 retary of Homeland Security in the case of the Coast 

9 Guard) shall use the definition of hazing contained in the 

10 August 28, 1997, Secretary of Defense Policy Memo11 randum, which defined hazing as any conduct whereby a 

12 member of the Armed Forces, regardless of branch or 

13 rank, without proper authority causes another member to 

14 suffer, or be exposed to, any activity which is cruel, abu15 sive, humiliating, oppressive, demeaning, or harmful. So16 liciting or coercing another person to perpetrate any such 

17 activity is also considered hazing. Hazing need not involve 

18 physical contact among or between members of the Armed 

19 Forces. Hazing can be verbal or psychological in nature. 

20 Actual or implied consent to acts of hazing does not elimi21 nate the culpability of the perpetrator. 

22 (g) ANNUAL REPORTING REQUIREMENT.— 

23 (1) IN GENERAL.—The database required by 

24 subsection (b) shall be used to develop and imple25 ment an annual congressional report. 


smartinez on DSK6TPTVN1PROD with BILLS
205 

HR 4310 RFS

1 (2) REPORTS REQUIRED.—Not later than Janu2 ary 15 of each year, the Secretary of Defense and 

3 the Secretary of Homeland Security (with respect to 

4 the Coast Guard) shall submit to the designated 

5 congressional committees a report on the hazing in6 cidents involving members of the Armed Forces dur7 ing the preceding year. 

8 (3) ELEMENTS.—Each report shall include the 

9 following: 

10 (A) an assessment by the Secretaries of 

11 the implementation during the preceding year 

12 of the policies and procedures of each Armed 

13 Force on the prevention of and response to haz14 ing involving members of the Armed Forces in 

15 order to determine the effectiveness of such 

16 policies and procedures. 

17 (B) Data on the number of alleged and 

18 substantiated hazing incidents within each 

19 Armed Force that occurred that year, including 

20 the race, gender and Armed Force of the victim 

21 and offender, the nature of the hazing, and ac22 tions taken to resolve and address the hazing. 

23 (h) COMPTROLLER GENERAL REPORT.— 

24 (1) REPORT REQUIRED.—Not later than one 

25 year after the date of enactment of this Act, the 


smartinez on DSK6TPTVN1PROD with BILLS
206 

HR 4310 RFS

1 Comptroller General of the United States shall sub2 mit to the designated congressional committees a re3 port on the policies to prevent hazing and systems 

4 initiated to track incidents of hazing in each of the 

5 Armed Forces, including officer cadet schools, mili6 tary academies, military academy preparatory 

7 schools, and basic training and professional schools 

8 for enlisted members. 

9 (2) ELEMENTS.—The report required by para10 graph (1) shall include the following: 

11 (A) An evaluation of the definition of haz12 ing used pursuant to subsection (e). 

13 (B) A description of the criteria used, and 

14 the methods implemented, in the systems to 

15 track incidents of hazing in the Armed Forces. 

16 (C) An assessment of the following: 

17 (i) The scope of hazing in each Armed 

18 Force. 

19 (ii) The policies in place and the 

20 training on hazing provided to members 

21 throughout the course of their careers for 

22 each Armed Force. 

23 (iii) The actions taken to mitigate 

24 hazing incidents in each Armed Force. 


smartinez on DSK6TPTVN1PROD with BILLS
207 

HR 4310 RFS

1 (iv) The effectiveness of the training 

2 and policies in place regarding hazing. 

3 (v) The number of alleged and sub4 stantiated incidents of hazing over the last 

5 five years for each Armed Force, the na6 ture of these cases and actions taken to 

7 address such matters through non-judicial 

8 and judicial action. 

9 (D) An evaluation of the additional ac10 tions, if any, the Secretary of Defense and the 

11 Secretary of Homeland Security propose to take 

12 to further address the incidence of hazing in 

13 the Armed Forces. 

14 (E) Such recommendations as the Comp15 troller General considers appropriate for im16 proving hazing prevention programs, policies, 

17 and other actions taken to address hazing with18 in the Armed Forces. 

19 (i) DESIGNATED CONGRESSIONAL COMMITTEES DE20 FINED.—In subsections (f) and (g), the term ‘‘designated 

21 congressional committees’’ means— 

22 (1) the Committee on Armed Services, the 

23 Committee on Oversight and Government Reform, 

24 and the Committee on Commerce, Science and 

25 Transportation of the Senate; and 


smartinez on DSK6TPTVN1PROD with BILLS
208 

HR 4310 RFS

1 (2) the Committee on Armed Services, the 

2 Committee on Oversight and Government Reform, 

3 and the Committee on Transportation and Infra4 structure of the House of Representatives. 

5 SEC. 536. PROTECTION OF RIGHTS OF CONSCIENCE OF 

6 MEMBERS OF THE ARMED FORCES AND 

7 CHAPLAINS OF SUCH MEMBERS. 

8 (a) PROTECTION.—Chapter 53 of title 10, United 

9 States Code, is amended by inserting after section 1034 

10 the following new section: 

11 ‘‘§ 1034a. Protection of rights of conscience of mem12 bers of the Armed Forces and chaplains 

13 of such members 

14 ‘‘(a) PROTECTION OF RIGHTS OF CONSCIENCE.—The 

15 Armed Forces shall accommodate the conscience and sin16 cerely held moral principles and religious beliefs of the 

17 members of the Armed Forces concerning the appropriate 

18 and inappropriate expression of human sexuality and may 

19 not use such conscience, principles, or beliefs as the basis 

20 of any adverse personnel action, discrimination, or denial 

21 of promotion, schooling, training, or assignment. Nothing 

22 in this subsection precludes disciplinary action for conduct 

23 that is proscribed by chapter 47 of this title (the Uniform 

24 Code of Military Justice). 


smartinez on DSK6TPTVN1PROD with BILLS
209 

HR 4310 RFS

1 ‘‘(b) PROTECTION OF CHAPLAINS.—(1) For purposes 

2 of this title, a military chaplain is— 

3 ‘‘(A) a certified religious leader or clergy of a 

4 faith community who, after satisfying the profes5 sional and educational requirements of the commis6 sioning service, is commissioned as an officer in the 

7 Chaplains Corps of one of the branches of the 

8 Armed Forces; and 

9 ‘‘(B) a representative of the faith group of the 

10 chaplain, who remains accountable to the endorsing 

11 faith group for the religious ministry involved to 

12 members of the Armed Forces, to— 

13 ‘‘(i) provide for the religious and spiritual needs 

14 of members of the Armed Forces of that faith group; 

15 and 

16 ‘‘(ii) facilitate the religious needs of members of 

17 the Armed Forces of other faith groups. 

18 ‘‘(2) No member of the Armed Forces may— 

19 ‘‘(A) direct, order, or require a chaplain to per20 form any duty, rite, ritual, ceremony, service, or 

21 function that is contrary to the conscience, moral 

22 principles, or religious beliefs of the chaplain, or con23 trary to the moral principles and religious beliefs of 

24 the endorsing faith group of the chaplain; or 


smartinez on DSK6TPTVN1PROD with BILLS
210 

HR 4310 RFS

1 ‘‘(B) discriminate or take any adverse personnel 

2 action against a chaplain, including denial of pro3 motion, schooling, training, or assignment, on the 

4 basis of the refusal by the chaplain to comply with 

5 a direction, order, or requirement prohibited by sub6 paragraph (A). 

7 ‘‘(c) REGULATIONS.—The Secretary of Defense shall 

8 issue regulations implementing the protections afforded by 

9 this section.’’. 

10 (b) CLERICAL AMENDMENT.—The table of sections 

11 at the beginning of chapter 53 of title 10, United States 

12 Code, is amended by inserting after the item relating to 

13 section 1034 the following new item: 

‘‘1034a. Protection of rights of conscience of members of the Armed Forces and 

chaplains of such members.’’. 

14 SEC. 537. USE OF MILITARY INSTALLATIONS AS SITES FOR 

15 MARRIAGE CEREMONIES OR MARRIAGE-LIKE 

16 CEREMONIES. 

17 A military installation or other property owned or 

18 rented by, or otherwise under the jurisdiction or control 

19 of, the Department of Defense may not be used to offi20 ciate, solemnize, or perform a marriage or marriage-like 

21 ceremony involving anything other than the union of one 

22 man with one woman. 


smartinez on DSK6TPTVN1PROD with BILLS
211 

HR 4310 RFS

1 SEC. 538. COORDINATION BETWEEN YELLOW RIBBON RE2 INTEGRATION PROGRAM AND SMALL BUSI3 NESS DEVELOPMENT CENTERS. 

4 The Office for Reintegration Programs shall assist 

5 each State to coordinate services under the Yellow Ribbon 

6 Reintegration Program under section 582 of the National 

7 Defense Authorization Act of 2008 (10 U.S.C. 10101 

8 note) with Small Business Development Centers (as de9 fined in section 3(t) of the Small Business Act) in each 

10 State. 

11 Subtitle E—Member Education and 

12 Training Opportunities and Ad13 ministration 

14 SEC. 541. TRANSFER OF TROOPS-TO-TEACHERS PROGRAM 

15 FROM DEPARTMENT OF EDUCATION TO DE16 PARTMENT OF DEFENSE AND ENHANCE17 MENTS TO THE PROGRAM. 

18 (a) TRANSFER OF FUNCTIONS.— 

19 (1) TRANSFER.—The responsibility and author20 ity for operation and administration of the Troops21 to-Teachers Program in chapter A of subpart 1 of 

22 part C of title II of the Elementary and Secondary 

23 Education Act of 1965 (20 U.S.C. 6671 et seq.) is 

24 transferred from the Secretary of Education to the 

25 Secretary of Defense. 


smartinez on DSK6TPTVN1PROD with BILLS
212 

HR 4310 RFS

1 (2) EFFECTIVE DATE.—The transfer under 

2 paragraph (1) shall take effect on the first day of 

3 the first month beginning more than 90 days after 

4 the date of the enactment of this Act, or on such 

5 earlier date as the Secretary of Education and the 

6 Secretary of Defense may jointly provide. 

7 (b) ENACTMENT OF PROGRAM AUTHORITY IN TITLE

8 10, UNITED STATES CODE.— 

9 (1) IN GENERAL.—Chapter 58 of title 10, 

10 United States Code, is amended by adding at the 

11 end the following new section: 

12 ‘‘§ 1154. Assistance to eligible members and former 

13 members to obtain employment as teach14 ers: troops-to-teachers program 

15 ‘‘(a) DEFINITIONS.—In this section: 

16 ‘‘(1) CHARTER SCHOOL.—The term ‘charter 

17 school’ has the meaning given that term in section 

18 5210(1) of the Elementary and Secondary Edu19 cation Act of 1965 (20 U.S.C. 7221i(1)). 

20 ‘‘(2) ELIGIBLE SCHOOL.—The term ‘eligible 

21 school’ means— 

22 ‘‘(A) a public school, including a charter 

23 school, at which— 

24 ‘‘(i) at least 30 percent of the stu25 dents enrolled in the school are from famiVerDate Mar 15 2010 01:00 Jun 20, 2012 Jkt 019200 PO 00000 Frm 00212 Fmt 6652 Sfmt 6201 E:\BILLS\H4310.RFS H4310

smartinez on DSK6TPTVN1PROD with BILLS
213 

HR 4310 RFS

1 lies with incomes below 185 percent of pov2 erty level (as defined by the Office of Man3 agement and Budget and revised at least 

4 annually in accordance with section 9(b)(1) 

5 of the Richard B. Russell National School 

6 Lunch Act (42 U.S.C. 1758(b)(1)) applica7 ble to a family of the size involved; or 

8 ‘‘(ii) at least 13 percent of the stu9 dents enrolled in the school qualify for as10 sistance under part B of the Individuals 

11 with Disabilities Education Act; or 

12 ‘‘(B) a Bureau-funded school as defined in 

13 section 1141(3) of the Education Amendments 

14 of 1978 (25 U.S.C. 2021(3)). 

15 ‘‘(3) HIGH-NEED SCHOOL.—The term ‘high16 need school’ means— 

17 ‘‘(A) an elementary or middle school in 

18 which at least 50 percent of the enrolled stu19 dents are children from low-income families, 

20 based on the number of children eligible to for 

21 free and reduced priced lunches under the Rich22 ard B. Russell National School Lunch Act (42 

23 U.S.C. 1751 et seq.), the number of children in 

24 families receiving assistance under the State 

25 program funded under part A of title IV of the 


smartinez on DSK6TPTVN1PROD with BILLS
214 

HR 4310 RFS

1 Social Security Act (42 U.S.C. 601 et seq.), the 

2 number of children eligible to receive medical 

3 assistance under the Medicaid program, or a 

4 composite of these indicators; 

5 ‘‘(B) a high school in which at least 40 

6 percent of enrolled students are children from 

7 low-income families, which may be calculated 

8 using comparable data from feeder schools; or 

9 ‘‘(C) a school that is in a local educational 

10 agency that is eligible under section 6211(b) of 

11 the Elementary and Secondary Education Act 

12 of 1965 (20 U.S.C. 7345(b)). 

13 ‘‘(4) MEMBER OF THE ARMED FORCES.—The 

14 term ‘member of the armed forces’ includes a retired 

15 or former member of the armed forces. 

16 ‘‘(5) PARTICIPANT.—The term ‘participant’ 

17 means an eligible member of the armed forces se18 lected to participate in the Program. 

19 ‘‘(6) PROGRAM.—The term ‘Program’ means 

20 the Troops-to-Teachers Program authorized by this 

21 section. 

22 ‘‘(7) SECRETARY.—The term ‘Secretary’ means 

23 the Secretary of Defense. 

24 ‘‘(8) ADDITIONAL TERMS.—The terms ‘elemen25 tary school’, ‘local educational agency’, ‘secondary 


smartinez on DSK6TPTVN1PROD with BILLS
215 

HR 4310 RFS

1 school’, and ‘State’ have the meanings given those 

2 terms in section 9101 of the Elementary and Sec3 ondary Education Act of 1965 (20 U.S.C. 7801). 

4 ‘‘(b) PROGRAM AUTHORIZATION.—The Secretary of 

5 Defense may carry out a Troops-to-Teachers Program— 

6 ‘‘(1) to assist eligible members of the armed 

7 forces described in subsection (d) to obtain certifi8 cation or licensing as elementary school teachers, 

9 secondary school teachers, or career or technical 

10 teachers; and 

11 ‘‘(2) to facilitate the employment of such mem12 bers— 

13 ‘‘(A) by local educational agencies or char14 ter schools that the Secretary of Education 

15 identifies as— 

16 ‘‘(i) receiving grants under part A of 

17 title I of the Elementary and Secondary 

18 Education Act of 1965 (20 U.S.C. 6301 

19 et. seq.) as a result of having within their 

20 jurisdictions concentrations of children 

21 from low-income families; or 

22 ‘‘(ii) experiencing a shortage of teach23 ers, in particular a shortage of science, 

24 mathematics, special education, foreign 


smartinez on DSK6TPTVN1PROD with BILLS
216 

HR 4310 RFS

1 language, or career or technical teachers; 

2 and 

3 ‘‘(B) in elementary schools or secondary 

4 schools, or as career or technical teachers. 

5 ‘‘(c) COUNSELING AND REFERRAL SERVICES.—The 

6 Secretary may provide counseling and referral services to 

7 members of the armed forces who do not meet the eligi8 bility criteria described in subsection (d), including the 

9 education qualification requirements under paragraph 

10 (3)(B) of such subsection. 

11 ‘‘(d) ELIGIBILITY AND APPLICATION PROCESS.— 

12 ‘‘(1) ELIGIBLE MEMBERS.—The following mem13 bers of the armed forces are eligible for selection to 

14 participate in the Program: 

15 ‘‘(A) Any member who— 

16 ‘‘(i) on or after October 1, 1999, be17 comes entitled to retired or retainer pay 

18 under this title or title 14; 

19 ‘‘(ii) has an approved date of retire20 ment that is within one year after the date 

21 on which the member submits an applica22 tion to participate in the Program; or 

23 ‘‘(iii) has been transferred to the Re24 tired Reserve. 


smartinez on DSK6TPTVN1PROD with BILLS
217 

HR 4310 RFS

1 ‘‘(B) Any member who, on or after Janu2 ary 8, 2002— 

3 ‘‘(i)(I) is separated or released from 

4 active duty after four or more years of con5 tinuous active duty immediately before the 

6 separation or release; or 

7 ‘‘(II) has completed a total of at least 

8 six years of active duty service, six years of 

9 service computed under section 12732 of 

10 this title, or six years of any combination 

11 of such service; and 

12 ‘‘(ii) executes a reserve commitment 

13 agreement for a period of not less than 

14 three years under paragraph (5)(B). 

15 ‘‘(C) Any member who, on or after Janu16 ary 8, 2002, is retired or separated for physical 

17 disability under chapter 61 of this title. 

18 ‘‘(2) SUBMISSION OF APPLICATIONS.—(A) Se19 lection of eligible members of the armed forces to 

20 participate in the Program shall be made on the 

21 basis of applications submitted to the Secretary 

22 within the time periods specified in subparagraph 

23 (B). An application shall be in such form and con24 tain such information as the Secretary may require. 


smartinez on DSK6TPTVN1PROD with BILLS
218 

HR 4310 RFS

1 ‘‘(B) In the case of an eligible member of the 

2 armed forces described in subparagraph (A)(i), (B), 

3 or (C) of paragraph (1), an application shall be con4 sidered to be submitted on a timely basis under if 

5 the application is submitted not later than three 

6 years after the date on which the member is retired, 

7 separated, or released from active duty, whichever 

8 applies to the member. 

9 ‘‘(3) SELECTION CRITERIA; EDUCATIONAL

10 BACKGROUND REQUIREMENTS; HONORABLE SERVICE

11 REQUIREMENT.—(A) The Secretary shall prescribe 

12 the criteria to be used to select eligible members of 

13 the armed forces to participate in the Program. 

14 ‘‘(B) If a member of the armed forces is apply15 ing for the Program to receive assistance for place16 ment as an elementary school or secondary school 

17 teacher, the Secretary shall require the member to 

18 have received a baccalaureate or advanced degree 

19 from an accredited institution of higher education. 

20 ‘‘(C) If a member of the armed forces is apply21 ing for the Program to receive assistance for place22 ment as a career or technical teacher, the Secretary 

23 shall require the member— 

24 ‘‘(i) to have received the equivalent of one 

25 year of college from an accredited institution of 


smartinez on DSK6TPTVN1PROD with BILLS
219 

HR 4310 RFS

1 higher education or the equivalent in military 

2 education and training as certified by the De3 partment of Defense; or 

4 ‘‘(ii) to otherwise meet the certification or 

5 licensing requirements for a career or technical 

6 teacher in the State in which the member seeks 

7 assistance for placement under the Program. 

8 ‘‘(D) A member of the armed forces is eligible 

9 to participate in the Program only if the member’s 

10 last period of service in the armed forces was honor11 able, as characterized by the Secretary concerned. A 

12 member selected to participate in the Program be13 fore the retirement of the member or the separation 

14 or release of the member from active duty may con15 tinue to participate in the Program after the retire16 ment, separation, or release only if the member’s 

17 last period of service is characterized as honorable 

18 by the Secretary concerned. 

19 ‘‘(4) SELECTION PRIORITIES.—In selecting eli20 gible members of the armed forces to receive assist21 ance under the Program, the Secretary— 

22 ‘‘(A) shall give priority to members who— 

23 ‘‘(i) have educational or military expe24 rience in science, mathematics, special eduVerDate Mar 15 2010 01:00 Jun 20, 2012 Jkt 019200 PO 00000 Frm 00219 Fmt 6652 Sfmt 6201 E:\BILLS\H4310.RFS H4310

smartinez on DSK6TPTVN1PROD with BILLS
220 

HR 4310 RFS

1 cation, foreign language, or career or tech2 nical subjects; and 

3 ‘‘(ii) agree to seek employment as 

4 science, mathematics, foreign language, or 

5 special education teachers in elementary 

6 schools or secondary schools or in other 

7 schools under the jurisdiction of a local 

8 educational agency; and 

9 ‘‘(B) may give priority to members who 

10 agree to seek employment in a high-need school. 

11 ‘‘(5) OTHER CONDITIONS ON SELECTION.—(A) 

12 Subject to subsection (i), the Secretary may not se13 lect an eligible member of the armed forces to par14 ticipate in the Program and receive financial assist15 ance unless the Secretary has sufficient appropria16 tions for the Program available at the time of the 

17 selection to satisfy the obligations to be incurred by 

18 the United States under subsection (e) with respect 

19 to the member. 

20 ‘‘(B) The Secretary may not select an eligible 

21 member of the armed forces described in paragraph 

22 (1)(B)(i) to participate in the Program and receive 

23 financial assistance under subsection (e) unless the 

24 member executes a written agreement to serve as a 

25 member of the Selected Reserve of a reserve compoVerDate Mar 15 2010 01:00 Jun 20, 2012 Jkt 019200 PO 00000 Frm 00220 Fmt 6652 Sfmt 6201 E:\BILLS\H4310.RFS H4310

smartinez on DSK6TPTVN1PROD with BILLS
221 

HR 4310 RFS

1 nent of the armed forces for a period of not less 

2 than three years. 

3 ‘‘(e) PARTICIPATION AGREEMENT AND FINANCIAL

4 ASSISTANCE.— 

5 ‘‘(1) PARTICIPATION AGREEMENT.—(A) An eli6 gible member of the armed forces selected to partici7 pate in the Program under subsection (b) and to re8 ceive financial assistance under this subsection shall 

9 be required to enter into an agreement with the Sec10 retary in which the member agrees— 

11 ‘‘(i) within such time as the Secretary may 

12 require, to obtain certification or licensing as an 

13 elementary school teacher, secondary school 

14 teacher, or career or technical teacher; and 

15 ‘‘(ii) to accept an offer of full-time employ16 ment as an elementary school teacher, sec17 ondary school teacher, or career or technical 

18 teacher for not less than three school years in 

19 an eligible school to begin the school year after 

20 obtaining that certification or licensing. 

21 ‘‘(B) The Secretary may waive the three-year 

22 commitment described in subparagraph (A)(ii) for a 

23 participant if the Secretary determines such waiver 

24 to be appropriate. If the Secretary provides the 

25 waiver, the participant shall not be considered to be 


smartinez on DSK6TPTVN1PROD with BILLS
222 

HR 4310 RFS

1 in violation of the agreement and shall not be re2 quired to provide reimbursement under subsection 

3 (f), for failure to meet the three-year commitment. 

4 ‘‘(2) VIOLATION OF PARTICIPATION AGREE5 MENT; EXCEPTIONS.—A participant shall not be 

6 considered to be in violation of the participation 

7 agreement entered into under paragraph (1) during 

8 any period in which the participant— 

9 ‘‘(A) is pursuing a full-time course of 

10 study related to the field of teaching at an in11 stitution of higher education; 

12 ‘‘(B) is serving on active duty as a member 

13 of the armed forces; 

14 ‘‘(C) is temporarily totally disabled for a 

15 period of time not to exceed three years as es16 tablished by sworn affidavit of a qualified physi17 cian; 

18 ‘‘(D) is unable to secure employment for a 

19 period not to exceed 12 months by reason of the 

20 care required by a spouse who is disabled; 

21 ‘‘(E) is unable to find full-time employ22 ment as a teacher in an elementary school or 

23 secondary school or as a career or technical 

24 teacher for a single period not to exceed 27 

25 months; or 


smartinez on DSK6TPTVN1PROD with BILLS
223 

HR 4310 RFS

1 ‘‘(F) satisfies the provisions of additional 

2 reimbursement exceptions that may be pre3 scribed by the Secretary. 

4 ‘‘(3) STIPEND AND BONUS FOR PARTICI5 PANTS.—(A) Subject to subparagraph (C), the Sec6 retary may pay to a participant a stipend to cover 

7 expenses incurred by the participant to obtain the 

8 required educational level, certification or licensing. 

9 Such stipend may not exceed $5,000 and may vary 

10 by participant. 

11 ‘‘(B)(i) Subject to subparagraph (C), the Sec12 retary may pay a bonus to a participant who agrees 

13 in the participation agreement under paragraph (1) 

14 to accept full-time employment as an elementary 

15 school teacher, secondary school teacher, or career 

16 or technical teacher for not less than three school 

17 years in an eligible school. 

18 ‘‘(ii) The amount of the bonus may not exceed 

19 $5,000, unless the eligible school is a high-need 

20 school, in which case the amount of the bonus may 

21 not exceed $10,000. Within such limits, the bonus 

22 may vary by participant and may take into account 

23 the priority placements as determined by the Sec24 retary. 


smartinez on DSK6TPTVN1PROD with BILLS
224 

HR 4310 RFS

1 ‘‘(C)(i) The total number of stipends that may 

2 be paid under subparagraph (A) in any fiscal year 

3 may not exceed 5,000. 

4 ‘‘(ii) The total number of bonuses that may be 

5 paid under subparagraph (B) in any fiscal year may 

6 not exceed 3,000. 

7 ‘‘(iii) A participant may not receive a stipend 

8 under subparagraph (A) if the participant is eligible 

9 for benefits under chapter 33 of title 38. 

10 ‘‘(iv) The combination of a stipend under sub11 paragraph (A) and a bonus under subparagraph (B) 

12 for any one participant may not exceed $10,000. 

13 ‘‘(4) TREATMENT OF STIPEND AND BONUS.—A 

14 stipend or bonus paid under this subsection to a 

15 participant shall be taken into account in deter16 mining the eligibility of the participant for Federal 

17 student financial assistance provided under title IV 

18 of the Higher Education Act of 1965 (20 U.S.C. 

19 1070 et seq.). 

20 ‘‘(f) REIMBURSEMENT UNDER CERTAIN CIR21 CUMSTANCES.— 

22 ‘‘(1) REIMBURSEMENT REQUIRED.—A partici23 pant who is paid a stipend or bonus under this sub24 section shall be subject to the repayment provisions 


smartinez on DSK6TPTVN1PROD with BILLS
225 

HR 4310 RFS

1 of section 373 of title 37 under the following cir2 cumstances: 

3 ‘‘(A) The participant fails to obtain teach4 er certification or licensing or to obtain employ5 ment as an elementary school teacher, sec6 ondary school teacher, or career or technical 

7 teacher as required by the participation agree8 ment under subsection (e)(1). 

9 ‘‘(B) The participant voluntarily leaves, or 

10 is terminated for cause from, employment as an 

11 elementary school teacher, secondary school 

12 teacher, or career or technical teacher during 

13 the three years of required service in violation 

14 of the participation agreement. 

15 ‘‘(C) The participant executed a written 

16 agreement with the Secretary concerned under 

17 subsection (d)(5)(B) to serve as a member of a 

18 reserve component of the armed forces for a pe19 riod of three years and fails to complete the re20 quired term of service. 

21 ‘‘(2) AMOUNT OF REIMBURSEMENT.—A partici22 pant required to reimburse the Secretary for a sti23 pend or bonus paid to the participant under sub24 section (e) shall pay an amount that bears the same 

25 ratio to the amount of the stipend or bonus as the 


smartinez on DSK6TPTVN1PROD with BILLS
226 

HR 4310 RFS

1 unserved portion of required service bears to the 

2 three years of required service. 

3 ‘‘(3) INTEREST.—Any amount owed by a par4 ticipant under this subsection shall bear interest at 

5 the rate equal to the highest rate being paid by the 

6 United States on the day on which the reimburse7 ment is determined to be due for securities having 

8 maturities of 90 days or less and shall accrue from 

9 the day on which the participant is first notified of 

10 the amount due. 

11 ‘‘(4) EXCEPTIONS TO REIMBURSEMENT RE12 QUIREMENT.—A participant shall be excused from 

13 reimbursement under this subsection if the partici14 pant becomes permanently totally disabled as estab15 lished by sworn affidavit of a qualified physician. 

16 The Secretary may also waive the reimbursement in 

17 cases of extreme hardship to the participant, as de18 termined by the Secretary. 

19 ‘‘(g) RELATIONSHIP TO EDUCATIONAL ASSISTANCE

20 UNDER MONTGOMERY GI BILL.—Except as provided in 

21 subsection (e)(3)(C)(iii), the receipt by a participant of a 

22 stipend or bonus under subsection (e) shall not reduce or 

23 otherwise affect the entitlement of the participant to any 

24 benefits under chapter 30 or 33 of title 38 or chapter 1606 

25 of this title. 


smartinez on DSK6TPTVN1PROD with BILLS
227 

HR 4310 RFS

1 ‘‘(h) PARTICIPATION BY STATES.— 

2 ‘‘(1) DISCHARGE OF STATE ACTIVITIES

3 THROUGH CONSORTIA OF STATES.—The Secretary 

4 may permit States participating in the Program to 

5 carry out activities authorized for such States under 

6 the Program through one or more consortia of such 

7 States. 

8 ‘‘(2) ASSISTANCE TO STATES.—(A) Subject to 

9 subparagraph (B), the Secretary may make grants 

10 to States participating in the Program, or to con11 sortia of such States, in order to permit such States 

12 or consortia of States to operate offices for purposes 

13 of recruiting eligible members of the armed forces 

14 for participation in the Program and facilitating the 

15 employment of participants as elementary school 

16 teachers, secondary school teachers, and career or 

17 technical teachers. 

18 ‘‘(B) The total amount of grants made under 

19 subparagraph (A) in any fiscal year may not exceed 

20 $5,000,000. 

21 ‘‘(i) LIMITATION ON TOTAL FISCAL-YEAR OBLIGA22 TIONS.—The total amount obligated by the Secretary 

23 under the Program for any fiscal year may not exceed 

24 $15,000,000.’’. 


smartinez on DSK6TPTVN1PROD with BILLS
228 

HR 4310 RFS

1 (2) CLERICAL AMENDMENT.—The table of sec2 tions at the beginning of such chapter is amended 

3 by adding at the end the following new item: 

‘‘1154. Assistance to eligible members and former members to obtain employment as teachers: Troops-to-Teachers Program.’’. 

4 (c) CONFORMING AMENDMENT.—Subparagraph (C) 

5 of section 1142(b)(4) of such title is amended by striking 

6 ‘‘section 2302’’ and all that follows through the end of 

7 the subparagraph and inserting ‘‘under section 1154 of 

8 this title.’’. 

9 (d) TERMINATION OF DEPARTMENT OF EDUCATION

10 TROOPS-TO-TEACHERS PROGRAM.— 

11 (1) TERMINATION.—Chapter A of subpart 1 of 

12 part C of title II of the Elementary and Secondary 

13 Education Act of 1965 (20 U.S.C. 6671 et seq.) is 

14 repealed. 

15 (2) CLERICAL AMENDMENT.—The table of con16 tents in section 2 of the Elementary and Secondary 

17 Education Act 1965 is amended by striking the 

18 items relating to chapter A of subpart 1 of part C 

19 of title II of such Act. 

20 (3) EXISTING AGREEMENTS.—The repeal of 

21 chapter A of subpart 1 of part C of title II of the 

22 Elementary and Secondary Education Act of 1965 

23 (20 U.S.C. 6671 et seq.) by paragraph (1) shall not 

24 affect— 


smartinez on DSK6TPTVN1PROD with BILLS
229 

HR 4310 RFS

1 (A) the validity or terms of any agreement 

2 entered into under such chapter, as in effect 

3 immediately before such repeal, before the ef4 fective date of the transfer of the Troops-to5 Teachers Program under subsection (a); or 

6 (B) the authority to pay assistance, make 

7 grants, or obtain reimbursement in connection 

8 with such an agreement as in effect before the 

9 effective date of the transfer of the Troops-to10 Teachers Program under subsection (a). 

11 SEC. 542. SUPPORT OF NAVAL ACADEMY ATHLETIC AND 

12 PHYSICAL FITNESS PROGRAMS. 

13 (a) AUTHORITY TO SUPPORT PROGRAMS.—Chapter 

14 603 of title 10, United States Code, is amended by adding 

15 at the end the following new section: 

16 ‘‘§ 6981. Support of athletic and physical fitness pro17 grams 

18 ‘‘(a) AUTHORITY.—The Secretary of the Navy may 

19 enter into agreements, including cooperative agreements 

20 (as described in section 6305 of title 31), with the Naval 

21 Academy Athletic Association and its successors and as22 signs (in this section referred to as the ‘association’) to 

23 manage any aspect of the athletic and physical fitness pro24 grams of the Naval Academy. 


smartinez on DSK6TPTVN1PROD with BILLS
230 

HR 4310 RFS

1 ‘‘(b) AUTHORITY TO PROVIDE SUPPORT TO ASSOCIA2 TION.—(1) The Secretary of the Navy may to transfer 

3 funds to the association to pay expenses incurred by the 

4 association in managing the athletic and physical fitness 

5 programs of the Naval Academy. 

6 ‘‘(2) The Secretary may provide personal property 

7 and the services of members of the naval service and civil8 ian personnel of the Department of the Navy to assist the 

9 association in managing the athletic and physical fitness 

10 programs of the Naval Academy. 

11 ‘‘(c) ACCEPTANCE OF GIFTS FROM THE ASSOCIA12 TION.—The Secretary of the Navy may accept from the 

13 association funds, supplies, and services for the support 

14 of the athletic and physical fitness programs of the Naval 

15 Academy. 

16 ‘‘(d) RECEIPT AND RETENTION OF FUNDS FROM AS17 SOCIATION AND OTHER SOURCES.—(1) The Secretary of 

18 the Navy may receive from the association funds gen19 erated by the athletic and physical fitness programs of the 

20 Naval Academy and any other activity of the association 

21 and to retain and use such funds to further the mission 

22 of the Naval Academy. Receipt and retention of such 

23 funds shall be subject to oversight by the Secretary. 

24 ‘‘(2) The Secretary may accept, use, and retain funds 

25 from the National Collegiate Athletic Association and to 


smartinez on DSK6TPTVN1PROD with BILLS
231 

HR 4310 RFS

1 transfer all or part of those funds to the association for 

2 the support of the athletic and physical fitness programs 

3 of the Naval Academy. 

4 ‘‘(e) USER FEES.—The Secretary of the Navy may 

5 charge user fees to the association for the association’s 

6 use of Naval Academy facilities for the conduct of summer 

7 athletic camps. Fees collected under this subsection may 

8 be retained for use in support of the Naval Academy ath9 letic program and shall remain available until expended. 

10 ‘‘(f) LICENSING, MARKETING, AND SPONSORSHIP

11 AGREEMENTS.—(1) The Secretary of the Navy may enter 

12 into an agreement with the association authorizing the as13 sociation to represent the Department of the Navy in con14 nection with licensing, marketing, and sponsorship agree15 ments relating to trademarks and service marks identi16 fying the Naval Academy, to the extent authorized by the 

17 Chief of Naval Research and in accordance with sections 

18 2260 and 5022 of this title. 

19 ‘‘(2) Notwithstanding section 2260(d)(2) of this title, 

20 any funds generated by the licensing, marketing, and 

21 sponsorship under a agreement entered into under para22 graph (1) may be accepted, used, and retained by the Sec23 retary, or transferred by the Secretary to the association, 

24 for— 


smartinez on DSK6TPTVN1PROD with BILLS
232 

HR 4310 RFS

1 ‘‘(A) payment of the costs of securing trade2 mark registrations and operating of licensing pro3 grams; or 

4 ‘‘(B) supporting the athletic and physical fit5 ness programs of the Naval Academy. 

6 ‘‘(g) AUTHORIZED SERVICE ON BOARD OF DIREC7 TORS.—The Secretary may authorize members of the 

8 naval service and civilian personnel of the Department of 

9 the Navy to serve in accordance with sections 1033 and 

10 1589 of this title as members of the governing board of 

11 the association. 

12 ‘‘(h) CONDITIONS.—The authority provided in this 

13 section with respect to the association is available only so 

14 long as the association continues— 

15 ‘‘(1) to qualify as a nonprofit organization 

16 under section 501(c)(3) of the Internal Revenue 

17 Code of 1986; 

18 ‘‘(2) to operate in accordance with this section, 

19 the laws of the State of Maryland, and the constitu20 tion and bylaws of the association; and 

21 ‘‘(3) to operate exclusively to support the ath22 letic and physical fitness programs of the Naval 

23 Academy. 

24 ‘‘(i) CONGRESSIONAL NOTIFICATION.—Not later 

25 than 60 days after the date on which the Secretary of the 


smartinez on DSK6TPTVN1PROD with BILLS
233 

HR 4310 RFS

1 Navy enters into an agreement under the authority of this 

2 section, the Secretary shall provide a copy of the agree3 ment to the congressional defense committees.’’. 

4 (b) CLERICAL AMENDMENT.—The table of sections 

5 at the beginning of such chapter is amended by adding 

6 at the end the following new item: 

‘‘6981. Support of athletic and physical fitness programs.’’. 

7 SEC. 543. DEPARTMENT OF DEFENSE INSPECTOR GENERAL 

8 REVIEW OF ACCESS TO MILITARY INSTALLA9 TIONS BY REPRESENTATIVES OF FOR-PROFIT 

10 EDUCATIONAL INSTITUTIONS. 

11 (a) REVIEW REQUIRED.—The Inspector General of 

12 the Department of Defense shall conduct a review to de13 termine the extent of the access that representatives of 

14 for-profit educational institutions have to military installa15 tions and whether there are adequate safeguards in place 

16 to regulate such access. 

17 (b) ELEMENTS OF REVIEW.—The review shall deter18 mine at a minimum the following: 

19 (1) The extent to which representatives of for20 profit educational institutions are accessing military 

21 installations for marketing and recruitment pur22 poses. 

23 (2) Whether there uniform and robust enforce24 ment of DOD Directive 1344.07. 


smartinez on DSK6TPTVN1PROD with BILLS
234 

HR 4310 RFS

1 (3) Whether additional Department rules, poli2 cies, or oversight mechanisms should be put in place 

3 to regulate such practices. 

4 (c) INSPECTOR GENERAL ACCESS.—The Secretary of 

5 Defense shall ensure that the Inspector General has access 

6 to all Department of Defense records and military installa7 tions for the purpose of conducting the review. 

8 SEC. 544. EXPANSION OF DEPARTMENT OF DEFENSE PILOT 

9 PROGRAM ON RECEIPT OF CIVILIAN 

10 CREDENTIALING FOR MILITARY OCCUPA11 TIONAL SPECIALTY SKILLS. 

12 (a) EXPANSION OF PROGRAM.—Subsection (b)(1) of 

13 section 558 of the National Defense Authorization Act for 

14 Fiscal Year 2012 (10 U.S.C. 2015 note) is amended by 

15 striking ‘‘or more than five’’. 

16 (b) USE OF INDUSTRY-RECOGNIZED CERTIFI17 CATIONS.—Subsection (b) of such section is further 

18 amended— 

19 (1) by striking ‘‘and’’ at the end of paragraph 

20 (1); 

21 (2) by redesignating paragraph (2) as para22 graph (3); and 

23 (3) by inserting after paragraph (1) the fol24 lowing new paragraph: 


smartinez on DSK6TPTVN1PROD with BILLS
235 

HR 4310 RFS

1 ‘‘(2) consider utilizing industry-recognized cer2 tifications or licensing opportunities for civilian oc3 cupational skills comparable to the specialties or 

4 codes so designated; and’’. 

5 Subtitle F—Decorations and 

6 Awards 

7 SEC. 551. ISSUANCE OF PRISONER-OF-WAR MEDAL. 

8 Section 1128(a)(4) of title 10, United States Code, 

9 is amended by striking ‘‘that are hostile to the United 

10 States,’’. 

11 SEC. 552. AWARD OF PURPLE HEART TO MEMBERS OF THE 

12 ARMED FORCES WHO WERE VICTIMS OF THE 

13 ATTACKS AT RECRUITING STATION IN LITTLE 

14 ROCK, ARKANSAS, AND AT FORT HOOD, 

15 TEXAS. 

16 (a) AWARD REQUIRED.—The Secretary of the mili17 tary department concerned shall award the Purple Heart 

18 to the members of the Armed Forces who were killed or 

19 wounded in the attacks that occurred at the recruiting sta20 tion in Little Rock, Arkansas, on June 1, 2009, and at 

21 Fort Hood, Texas, on November 5, 2009. 

22 (b) EXCEPTION.—Subsection (a) shall not apply to 

23 a member of the Armed Forces whose wound was the re24 sult of the willful misconduct of the member. 


smartinez on DSK6TPTVN1PROD with BILLS
236 

HR 4310 RFS

1 SEC. 553. ADVANCEMENT OF BRIGADIER GENERAL 

2 CHARLES E. YEAGER, UNITED STATES AIR 

3 FORCE (RETIRED), ON THE RETIRED LIST. 

4 (a) ADVANCEMENT.—Brigadier General Charles E. 

5 Yeager, United States Air Force (retired), is entitled to 

6 hold the rank of major general while on the retired list 

7 of the Air Force. 

8 (b) ADDITIONAL BENEFITS NOT TO ACCRUE.—The 

9 advancement of Charles E. Yeager on the retired list of 

10 the Air Force under subsection (a) shall not affect the re11 tired pay or other benefits from the United States to 

12 which Charles E. Yeager is now or may in the future be 

13 entitled based upon his military service or affect any bene14 fits to which any other person may become entitled based 

15 on his service. 

16 SEC. 554. AUTHORIZATION FOR AWARD OF THE MEDAL OF 

17 HONOR TO FIRST LIEUTENANT ALONZO H. 

18 CUSHING FOR ACTS OF VALOR DURING THE 

19 CIVIL WAR. 

20 (a) AUTHORIZATION.—Notwithstanding the time lim21 itations specified in section 3744 of title 10, United States 

22 Code, or any other time limitation with respect to the 

23 awarding of certain medals to persons who served in the 

24 Armed Forces, the President is authorized to award the 

25 Medal of Honor under section 3741 of such title to then 

26 First Lieutenant Alonzo H. Cushing for conspicuous acts 


smartinez on DSK6TPTVN1PROD with BILLS
237 

HR 4310 RFS

1 of gallantry and intrepidity at the risk of life and beyond 

2 the call of duty in the Civil War, as described in subsection 

3 (b). 

4 (b) ACTS OF VALOR DESCRIBED.—The acts of valor 

5 referred to in subsection (a) are the actions of then First 

6 Lieutenant Alonzo H. Cushing while in command of Bat7 tery A, 4th United States Artillery, Army of the Potomac, 

8 at Gettysburg, Pennsylvania, on July 3, 1863, during the 

9 American Civil War. 

10 SEC. 555. RETROACTIVE AWARD OF ARMY COMBAT ACTION 

11 BADGE. 

12 (a) AUTHORITY TO AWARD.—The Secretary of the 

13 Army may award the Army Combat Action Badge (estab14 lished by order of the Secretary of the Army through 

15 Headquarters, Department of the Army Letter 600–05– 

16 1, dated June 3, 2005) to a person who, while a member 

17 of the Army, participated in combat during which the per18 son personally engaged, or was personally engaged by, the 

19 enemy at any time during the period beginning on Decem20 ber 7, 1941, and ending on September 18, 2001 (the date 

21 of the otherwise applicable limitation on retroactivity for 

22 the award of such decoration), if the Secretary determines 

23 that the person has not been previously recognized in an 

24 appropriate manner for such participation. 


smartinez on DSK6TPTVN1PROD with BILLS
238 

HR 4310 RFS

1 (b) PROCUREMENT OF BADGE.—The Secretary of 

2 the Army may make arrangements with suppliers of the 

3 Army Combat Action Badge so that eligible recipients of 

4 the Army Combat Action Badge pursuant to subsection 

5 (a) may procure the badge directly from suppliers, thereby 

6 eliminating or at least substantially reducing administra7 tive costs for the Army to carry out this section. 

8 SEC. 556. REPORT ON NAVY REVIEW, FINDINGS, AND AC9 TIONS PERTAINING TO MEDAL OF HONOR 

10 NOMINATION OF MARINE CORPS SERGEANT 

11 RAFAEL PERALTA. 

12 Not later than 30 days after the date of the enact13 ment of this Act, the Secretary of the Navy shall submit 

14 to the Committees on Armed Services of the Senate and 

15 House of Representatives a report describing the Navy re16 view, findings, and actions pertaining to the Medal of 

17 Honor nomination of Marine Corps Sergeant Rafael 

18 Peralta. The report shall account for all evidence sub19 mitted with regard to the case. 


smartinez on DSK6TPTVN1PROD with BILLS
239 

HR 4310 RFS

1 Subtitle G—Defense Dependents’ 

2 Education and Military Family 

3 Readiness Matters 

4 SEC. 561. CONTINUATION OF AUTHORITY TO ASSIST LOCAL 

5 EDUCATIONAL AGENCIES THAT BENEFIT DE6 PENDENTS OF MEMBERS OF THE ARMED 

7 FORCES AND DEPARTMENT OF DEFENSE CI8 VILIAN EMPLOYEES. 

9 (a) ASSISTANCE TO SCHOOLS WITH SIGNIFICANT

10 NUMBERS OF MILITARY DEPENDENT STUDENTS.—Of the 

11 amount authorized to be appropriated for fiscal year 2013 

12 by section 301 and available for operation and mainte13 nance for Defense-wide activities as specified in the fund14 ing table in section 4301, $25,000,000 shall be available 

15 only for the purpose of providing assistance to local edu16 cational agencies under subsection (a) of section 572 of 

17 the National Defense Authorization Act for Fiscal Year 

18 2006 (Public Law 109–163; 20 U.S.C. 7703b). 

19 (b) ASSISTANCE TO SCHOOLS WITH ENROLLMENT

20 CHANGES DUE TO BASE CLOSURES, FORCE STRUCTURE

21 CHANGES, OR FORCE RELOCATIONS.—Of the amount au22 thorized to be appropriated for fiscal year 2013 by section 

23 301 and available for operation and maintenance for De24 fense-wide activities as specified in the funding table in 

25 section 4301, $5,000,000 shall be available only for the 


smartinez on DSK6TPTVN1PROD with BILLS
240 

HR 4310 RFS

1 purpose of providing assistance to local educational agen2 cies under subsection (b) of section 572 of the National 

3 Defense Authorization Act for Fiscal Year 2006 (Public 

4 Law 109–163; 20 U.S.C. 7703b). 

5 (c) LOCAL EDUCATIONAL AGENCY DEFINED.—In 

6 this section, the term ‘‘local educational agency’’ has the 

7 meaning given that term in section 8013(9) of the Ele8 mentary and Secondary Education Act of 1965 (20 U.S.C. 

9 7713(9)). 

10 SEC. 562. TRANSITIONAL COMPENSATION FOR DEPENDENT 

11 CHILDREN WHO WERE CARRIED DURING 

12 PREGNANCY AT THE TIME OF DEPENDENT13 ABUSE OFFENSE COMMITTED BY AN INDI14 VIDUAL WHILE A MEMBER OF THE ARMED 

15 FORCES. 

16 (a) DEFINITION OF DEPENDENT CHILD.—Sub17 section (l) of section 1059 of title 10, United States Code, 

18 is amended in the matter preceding paragraph (1) by 

19 striking ‘‘at the time of the dependent-abuse offense re20 sulting in the separation of the former member’’ and in21 serting ‘‘or eligible spouse or former spouse at the time 

22 of the dependent-abuse offense resulting in the separation 

23 of the former member or who was carried during preg24 nancy at the time of the dependent-abuse offense resulting 


smartinez on DSK6TPTVN1PROD with BILLS
241 

HR 4310 RFS

1 in the separation of the former member and was subse2 quently born alive to the eligible spouse or former spouse’’. 

3 (b) DETERMINATION OF PAYMENT AMOUNT.—Sub4 section (f) of such section is amended by adding at the 

5 end the following new paragraph: 

6 ‘‘(4) A payment to a child under this section shall 

7 not cover any period during which the child was in utero.’’. 

8 (c) PROSPECTIVE APPLICABILITY.—No benefits shall 

9 accrue by reason of the amendments made by this section 

10 for any month that begins before the date of the enact11 ment of this Act. 

12 SEC. 563. MODIFICATION OF AUTHORITY TO ALLOW DE13 PARTMENT OF DEFENSE DOMESTIC DEPEND14 ENT ELEMENTARY AND SECONDARY 

15 SCHOOLS TO ENROLL CERTAIN STUDENTS. 

16 Section 2164 of title 10, United States Code, is 

17 amended by adding at the end the following new sub18 sections: 

19 ‘‘(k) ENROLLMENT OF RELOCATED DEFENSE DE20 PENDENTS’ EDUCATION SYSTEM STUDENTS.—(1) The 

21 Secretary of Defense may authorize the enrollment in a 

22 Department of Defense education program provided by 

23 the Secretary pursuant to subsection (a) of a dependent 

24 of a member of the armed forces or a dependent of a Fed25 eral employee who is enrolled in the defense dependents’ 


smartinez on DSK6TPTVN1PROD with BILLS
242 

HR 4310 RFS

1 education system established under section 1402 of the 

2 Defense Dependents’ Education Act of 1978 (20 U.S.C. 

3 921) if— 

4 ‘‘(A) the dependents departed the overseas loca5 tion as a result of a evacuation order; 

6 ‘‘(B) the designated safe haven of the depend7 ent is located within reasonable commuting distance 

8 of a school operated by the Department of Defense 

9 education program; and 

10 ‘‘(C) the school possesses the capacity and re11 sources necessary to enable the student to attend the 

12 school. 

13 ‘‘(2) A dependent described in paragraph (1) who is 

14 enrolled in a school operated by the Department of De15 fense education program pursuant to such paragraph may 

16 attend the school only through the end of the school year. 

17 ‘‘(l) ENROLLMENT IN VIRTUAL ELEMENTARY AND

18 SECONDARY EDUCATION PROGRAM.—(1) Under regula19 tions prescribed by the Secretary of Defense, the Secretary 

20 may authorize the enrollment in the virtual elementary 

21 and secondary education program established as a compo22 nent of the Department of Defense education program of 

23 a dependent of a member of the armed forces on active 

24 duty who— 


smartinez on DSK6TPTVN1PROD with BILLS
243 

HR 4310 RFS

1 ‘‘(A) is enrolled in an elementary or secondary 

2 school operated by a local educational agency or an3 other accredited educational program in the United 

4 States (other than a school operated by the Depart5 ment of Defense education program); and 

6 ‘‘(B) immediately before such enrollment, was 

7 enrolled in the defense dependents’ education system 

8 established under section 1402 of the Defense De9 pendents’ Education Act of 1978 (20 U.S.C. 921). 

10 ‘‘(2) Enrollment of a dependent described in para11 graph (1) pursuant to such paragraph shall be on a tuition 

12 basis.’’. 

13 SEC. 564. PROTECTION OF CHILD CUSTODY ARRANGE14 MENTS FOR PARENTS WHO ARE MEMBERS OF 

15 THE ARMED FORCES. 

16 (a) CHILD CUSTODY PROTECTION.—Title II of the 

17 Servicemembers Civil Relief Act (50 U.S.C. App. 521 et 

18 seq.) is amended by adding at the end the following new 

19 section: 

20 ‘‘SEC. 208. CHILD CUSTODY PROTECTION. 

21 ‘‘(a) RESTRICTION ON TEMPORARY CUSTODY

22 ORDER.—If a court renders a temporary order for custo23 dial responsibility for a child based solely on a deployment 

24 or anticipated deployment of a parent who is a service25 member, then the court shall require that, upon the return 


smartinez on DSK6TPTVN1PROD with BILLS
244 

HR 4310 RFS

1 of the servicemember from deployment, the custody order 

2 that was in effect immediately preceding the temporary 

3 order shall be reinstated, unless the court finds that such 

4 a reinstatement is not in the best interest of the child, 

5 except that any such finding shall be subject to subsection 

6 (b). 

7 ‘‘(b) EXCLUSION OF MILITARY SERVICE FROM DE8 TERMINATION OF CHILD’S BEST INTEREST.—If a motion 

9 or a petition is filed seeking a permanent order to modify 

10 the custody of the child of a servicemember, no court may 

11 consider the absence of the servicemember by reason of 

12 deployment, or the possibility of deployment, in deter13 mining the best interest of the child. 

14 ‘‘(c) NO FEDERAL JURISDICTION OR RIGHT OF AC15 TION OR REMOVAL.—Nothing in this section shall create 

16 a Federal right of action or otherwise give rise to Federal 

17 jurisdiction or create a right of removal. 

18 ‘‘(d) PREEMPTION.—In any case where State law ap19 plicable to a child custody proceeding involving a tem20 porary order as contemplated in this section provides a 

21 higher standard of protection to the rights of the parent 

22 who is a deploying servicemember than the rights provided 

23 under this section with respect to such temporary order, 

24 the appropriate court shall apply the higher State stand25 ard. 


smartinez on DSK6TPTVN1PROD with BILLS
245 

HR 4310 RFS

1 ‘‘(e) DEPLOYMENT DEFINED.—In this section, the 

2 term ‘deployment’ means the movement or mobilization of 

3 a servicemember to a location for a period of longer than 

4 60 days and not longer than 18 months pursuant to tem5 porary or permanent official orders— 

6 ‘‘(1) that are designated as unaccompanied; 

7 ‘‘(2) for which dependent travel is not author8 ized; or 

9 ‘‘(3) that otherwise do not permit the move10 ment of family members to that location.’’. 

11 (b) CLERICAL AMENDMENT.—The table of contents 

12 in section 1(b) of such Act is amended by adding at the 

13 end of the items relating to title II the following new item: 

‘‘208. Child custody protection.’’. 

14 SEC. 565. TREATMENT OF RELOCATION OF MEMBERS OF 

15 THE ARMED FORCES FOR ACTIVE DUTY FOR 

16 PURPOSES OF MORTGAGE REFINANCING. 

17 (a) IN GENERAL.—Title III of the Servicemembers 

18 Civil Relief Act is amended by inserting after section 303 

19 (50 U.S.C. App. 533) the following new section: 

20 ‘‘SEC. 303A. TREATMENT OF RELOCATION OF 

21 SERVICEMEMBERS FOR ACTIVE DUTY FOR 

22 PURPOSES OF MORTGAGE REFINANCING. 

23 ‘‘(a) TREATMENT OF ABSENCE FROM RESIDENCE

24 DUE TO ACTIVE DUTY.—While a servicemember who is 

25 the mortgagor under an existing mortgage does not reside 


smartinez on DSK6TPTVN1PROD with BILLS
246 

HR 4310 RFS

1 in the residence that secures the existing mortgage be2 cause of a relocation described in subsection (c)(1)(B), if 

3 the servicemember inquires about or applies for a covered 

4 refinancing mortgage, the servicemember shall be consid5 ered, for all purposes relating to the covered refinancing 

6 mortgage (including such inquiry or application and eligi7 bility for, and compliance with, any underwriting criteria 

8 and standards regarding such covered refinancing mort9 gage) to occupy the residence that secures the existing 

10 mortgage to be paid or prepaid by such covered refi11 nancing mortgage as the principal residence of the service12 member during the period of such relocation. 

13 ‘‘(b) LIMITATION.—Subsection (a) shall not apply 

14 with respect to a servicemember who inquires about or ap15 plies for a covered refinancing mortgage if, during the 5- 

16 year period preceding the date of such inquiry or applica17 tion, the servicemember entered into a covered refinancing 

18 mortgage pursuant to this section. 

19 ‘‘(c) DEFINITIONS.—In this section: 

20 ‘‘(1) EXISTING MORTGAGE.—The term ‘existing 

21 mortgage’ means a mortgage that is secured by a 1- 

22 to 4-family residence, including a condominium or a 

23 share in a cooperative ownership housing associa24 tion, that was the principal residence of a service25 member for a period that— 


smartinez on DSK6TPTVN1PROD with BILLS
247 

HR 4310 RFS

1 ‘‘(A) had a duration of 13 consecutive 

2 months or longer; and 

3 ‘‘(B) ended upon the relocation of the serv4 icemember caused by the servicemember receiv5 ing military orders for a permanent change of 

6 station or to deploy with a military unit, or as 

7 an individual in support of a military operation, 

8 for a period of not less than 18 months that did 

9 not allow the servicemember to continue to oc10 cupy such residence as a principal residence. 

11 ‘‘(2) COVERED REFINANCING MORTGAGE.—The 

12 term ‘covered refinancing mortgage’ means any 

13 mortgage that— 

14 ‘‘(A) is made for the purpose of paying or 

15 prepaying, and extinguishing, the outstanding 

16 obligations under an existing mortgage or mort17 gages; and 

18 ‘‘(B) is secured by the same residence that 

19 secured such existing mortgage or mortgages.’’. 

20 (b) CLERICAL AMENDMENT.—The table of contents 

21 in section 1(b) of such Act is amended by inserting after 

22 the item relating to section 303 the following new item: 

‘‘303A. Treatment of relocation of servicemembers for active duty for purposes 

of mortgage refinancing.’’. 


smartinez on DSK6TPTVN1PROD with BILLS
248 

HR 4310 RFS

1 SEC. 566. SENSE OF CONGRESS REGARDING SUPPORT FOR 

2 YELLOW RIBBON DAY. 

3 (a) FINDINGS.—Congress makes the following find4 ings: 

5 (1) The hopes and prayers of the American peo6 ple for the safe return of members of the Armed 

7 Forces serving overseas are demonstrated through 

8 the proud display of yellow ribbons. 

9 (2) The designation of a ‘‘Yellow Ribbon Day’’ 

10 would serve as an additional reminder for all Ameri11 cans of the continued sacrifice of members of the 

12 Armed Forces. 

13 (3) Yellow Ribbon Day would also recognize the 

14 history and meaning of the Yellow Ribbon as the 

15 symbol of support for members of the Armed Forces 

16 and American civilians serving in combat or crisis 

17 situations overseas. 

18 (b) SENSE OF CONGRESS.—Congress supports the 

19 goals and ideals of Yellow Ribbon Day, observed on April 

20 9th each year, in honor of members of the Armed Forces 

21 and American civilians who are serving overseas in defense 

22 of the United States apart from their families and loved 

23 ones. 


smartinez on DSK6TPTVN1PROD with BILLS
249 

HR 4310 RFS

1 Subtitle H—Improved Sexual As2 sault Prevention and Response 

3 in the Armed Forces 

4 SEC. 571. ESTABLISHMENT OF SPECIAL VICTIM TEAMS TO 

5 RESPOND TO ALLEGATIONS OF CHILD 

6 ABUSE, SERIOUS DOMESTIC VIOLENCE, OR 

7 SEXUAL OFFENSES. 

8 (a) ESTABLISHMENT REQUIRED.—The Secretary of 

9 each military department shall establish special victim 

10 teams for the purpose of— 

11 (1) investigating and prosecuting allegations of 

12 child abuse, serious domestic violence, or sexual of13 fenses; and 

14 (2) providing support for the victims of such of15 fenses. 

16 (b) PERSONNEL.—A special victim team shall be 

17 comprised of specially trained and selected— 

18 (1) investigators from the Defense Criminal In19 vestigative Service, Army Criminal Investigative 

20 Command, Naval Criminal Investigative Service, or 

21 Air Force Office of Special Investigations; 

22 (2) judge advocates; 

23 (3) victim witness assistance personnel; and 

24 (4) administrative paralegal support personnel. 


smartinez on DSK6TPTVN1PROD with BILLS
250 

HR 4310 RFS

1 (c) TRAINING, SELECTION, AND CERTIFICATION

2 STANDARDS.—The Secretary of each military department 

3 shall prescribe standards for the training, selection, and 

4 certification of personnel for special victim teams estab5 lished by that Secretary. 

6 (d) TIME FOR ESTABLISHMENT.— 

7 (1) DISCRETION REGARDING NUMBER OF

8 TEAMS NEEDED.—The Secretary of a military de9 partment shall determine the total number of special 

10 victim teams to be established, and prescribe regula11 tions for their management and use, in order to pro12 vide effective, timely, and responsive world-wide sup13 port for the purposes described in subsection (a). 

14 Not later than 270 days after the date of the enact15 ment of this Act, each Secretary shall submit to the 

16 Committees on Armed Services of the Senate and 

17 the House of Representatives a plan and time line 

18 for the establishment of the special victim teams 

19 that the Secretary has determined are needed. 

20 (2) INITIAL TEAM.—Not later than one year 

21 after the date of the enactment of this Act, the Sec22 retary of each military department shall have avail23 able for use at least one special victim team. 

24 (e) EVALUATION OF EFFECTIVENESS.—Not later 

25 than 180 days after the date of the enactment of this Act, 


smartinez on DSK6TPTVN1PROD with BILLS
251 

HR 4310 RFS

1 the Secretary of Defense shall prescribe the common cri2 teria to be used by the Secretaries of the military depart3 ments to measure the effectiveness and impact of the spe4 cial victim teams from the investigative, prosecutorial, and 

5 victim’s perspectives, and require the Secretaries of the 

6 military departments to collect and report the data re7 quired by the Secretary of Defense. 

8 (f) SPECIAL VICTIM TEAM DEFINED.—In this sec9 tion, the term ‘‘special victim team’’ means a distinct, rec10 ognizable group of appropriately skilled professionals who 

11 work collaboratively to achieve the purposes described in 

12 subsection (a). This section does not require that a special 

13 victim team be created as separate military unit or have 

14 a separate chain of command. 

15 SEC. 572. ENHANCEMENT TO TRAINING AND EDUCATION 

16 FOR SEXUAL ASSAULT PREVENTION AND RE17 SPONSE. 

18 Section 585 of the National Defense Authorization 

19 Act for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 

20 1434) is amended by adding at the end the following new 

21 subsections: 

22 ‘‘(d) COMMANDERS’ TRAINING.—The Secretary of 

23 Defense shall provide for the inclusion of a sexual assault 

24 prevention and response training module in the training 

25 for new or prospective commanders at all levels of comVerDate Mar 15 2010 01:00 Jun 20, 2012 Jkt 019200 PO 00000 Frm 00251 Fmt 6652 Sfmt 6201 E:\BILLS\H4310.RFS H4310

smartinez on DSK6TPTVN1PROD with BILLS
252 

HR 4310 RFS

1 mand. The training shall be tailored to the responsibilities 

2 and leadership requirements of members of the Armed 

3 Forces as they are assigned to command positions. Such 

4 training shall include the following: 

5 ‘‘(1) Fostering a command climate that does 

6 not tolerate sexual assault. 

7 ‘‘(2) Fostering a command climate in which 

8 persons assigned to the command are encouraged to 

9 intervene to prevent potential incidents of sexual as10 sault. 

11 ‘‘(3) Fostering a command climate that encour12 ages victims of sexual assault to report any incident 

13 of sexual assault. 

14 ‘‘(4) Understanding the needs of, and the re15 sources available to, the victim after an incident of 

16 sexual assault. 

17 ‘‘(5) Use of military criminal investigative orga18 nizations for the investigation of alleged incidents of 

19 sexual assault. 

20 ‘‘(6) Available disciplinary options, including 

21 court-martial, non-judicial punishment, administra22 tive action, and deferral of discipline for collateral 

23 misconduct, as appropriate. 

24 ‘‘(e) EXPLANATION TO BE INCLUDED IN INITIAL

25 ENTRY AND ACCESSION TRAINING.— 


smartinez on DSK6TPTVN1PROD with BILLS
253 

HR 4310 RFS

1 ‘‘(1) REQUIREMENT.—The Secretary of De2 fense shall require that the matters specified in 

3 paragraph (2) be carefully explained to each member 

4 of the Army, Navy, Air Force, and Marine Corps at 

5 the time of (or within fourteen duty days after)— 

6 ‘‘(A) the member’s initial entrance on ac7 tive duty; or 

8 ‘‘(B) the member’s initial entrance into a 

9 duty status with a reserve component. 

10 ‘‘(2) MATTERS TO BE EXPLAINED.—This sub11 section applies with respect to the following: 

12 ‘‘(A) Department of Defense policy with 

13 respect to sexual assault. 

14 ‘‘(B) The resources available with respect 

15 to sexual assault reporting and prevention and 

16 the procedures to be followed by a member 

17 seeking to access those resources.’’. 

18 SEC. 573. ENHANCEMENT TO REQUIREMENTS FOR AVAIL19 ABILITY OF INFORMATION ON SEXUAL AS20 SAULT PREVENTION AND RESPONSE RE21 SOURCES. 

22 (a) REQUIRED POSTING OF INFORMATION ON SEX23 UAL ASSAULT PREVENTION AND RESPONSE RE24 SOURCES.— 


smartinez on DSK6TPTVN1PROD with BILLS
254 

HR 4310 RFS

1 (1) POSTING.—The Secretary of Defense shall 

2 require that there be prominently posted, in accord3 ance with paragraph (2), notice of the following in4 formation relating to sexual assault prevention and 

5 response, in a form designed to ensure visibility and 

6 understanding: 

7 (A) Resource information for members of 

8 the Armed Forces, military dependents, and ci9 vilian personnel of the Department of Defense 

10 with respect to prevention of sexual assault and 

11 reporting of incidents of sexual assault. 

12 (B) Contact information for personnel who 

13 are designated as Sexual Assault Response Co14 ordinators and Sexual Assault Victim Advo15 cates. 

16 (C) The Department of Defense ‘‘hotline’’ 

17 telephone number, referred to as the Safe 

18 Helpline, for reporting incidents of sexual as19 sault, or any successor operation. 

20 (2) POSTING PLACEMENT.—Posting under sub21 section (a) shall be at the following locations, to the 

22 extent practicable: 

23 (A) Any Department of Defense duty facil24 ity. 


smartinez on DSK6TPTVN1PROD with BILLS
255 

HR 4310 RFS

1 (B) Any Department of Defense dining fa2 cility. 

3 (C) Any Department of Defense multi-unit 

4 residential facility. 

5 (D) Any Department of Defense health 

6 care facility. 

7 (E) Any Department of Defense com8 missary or exchange. 

9 (F) Any Department of Defense Commu10 nity Service Agency. 

11 (G) Any Department of Defense website. 

12 (b) NOTICE TO VICTIMS OF AVAILABLE ASSIST13 ANCE.—The Secretary of Defense shall require that proce14 dures in the Department of Defense for responding to a 

15 complaint or allegation of sexual assault submitted by or 

16 against a member of the Armed Forces include prompt 

17 notice to the person making the complaint or allegation 

18 of the forms of assistance available to that person from 

19 the Department of Defense and, to the extent known to 

20 the Secretary, through other departments and agencies, 

21 including State and local agencies, and other sources. 


smartinez on DSK6TPTVN1PROD with BILLS
256 

HR 4310 RFS

1 SEC. 574. MODIFICATION OF ANNUAL DEPARTMENT OF DE2 FENSE REPORTING REQUIREMENTS REGARD3 ING SEXUAL ASSAULTS. 

4 (a) GREATER DETAIL IN CASE SYNOPSES PORTION

5 OF REPORT.—Section 1631 of the Ike Skelton National 

6 Defense Authorization Act for Fiscal Year 2011 (Public 

7 Law 111–383; 124 Stat. 4433; 10 U.S.C. 1561 note) is 

8 amended by adding at the end the following new sub9 section: 

10 ‘‘(f) ADDITIONAL DETAILS FOR CASE SYNOPSES

11 PORTION OF REPORT.—The Secretary of each military de12 partment shall include in the case synopses portion of each 

13 report described in subsection (b)(3) the following addi14 tional information: 

15 ‘‘(1) If an Article 32 Investigating Officer rec16 ommends dismissal of the charges against a member 

17 of the Armed Forces accused of committing a sexual 

18 assault, the case synopsis shall explicitly state the 

19 reasons for that recommendation. 

20 ‘‘(2) If the case synopsis states that a member 

21 of the Armed Forces accused of committing a sexual 

22 assault was administratively separated or, in the 

23 case of an officer, allowed to resign in lieu of facing 

24 a court martial, the case synopsis shall include the 

25 characterization (honorable, general, or other than 


smartinez on DSK6TPTVN1PROD with BILLS
257 

HR 4310 RFS

1 honorable) given the service of the member upon 

2 separation. 

3 ‘‘(3) The case synopsis shall indicate whether a 

4 member of the Armed Forces accused of committing 

5 a sexual assault was ever previously accused of a 

6 substantiated sexual assault. 

7 ‘‘(4) The case synopsis shall indicate the branch 

8 of the Armed Forces of each member accused of 

9 committing a sexual assault and the branch of the 

10 Armed Forces of each member who is a victim of a 

11 sexual assault. 

12 ‘‘(5) If the case disposition includes non-judicial 

13 punishment, the case synopsis shall explicitly state 

14 the nature of the punishment. 

15 ‘‘(6) If alcohol was involved in any way in a 

16 substantiated sexual assault incident, the case syn17 opsis shall specify whether the member of the Armed 

18 Forces accused of committing the sexual assault had 

19 previously been ordered to attend substance abuse 

20 counseling.’’. 

21 (b) APPLICATIONS FOR CERTAIN TRANSFERS BY

22 SEXUAL ASSAULT VICTIMS.—Subsection (b) of such sec23 tion is amended by adding at the end the following new 

24 paragraph: 


smartinez on DSK6TPTVN1PROD with BILLS
258 

HR 4310 RFS

1 ‘‘(7) The number of applications submitted 

2 under section 673 of title 10, United States Code, 

3 during the year covered by the report for a perma4 nent change of station or unit transfer for members 

5 of the Armed Forces on active duty who are the vic6 tim of a sexual assault or related offense, the num7 ber of applications denied, and, for each application 

8 denied, a description of the reasons why the applica9 tion was denied.’’. 

10 (c) APPLICATION OF AMENDMENTS.—The amend11 ments made by this section shall apply beginning with the 

12 report regarding sexual assaults involving members of the 

13 Armed Forces required to be submitted by March 1, 2013, 

14 under section 1631 of the Ike Skelton National Defense 

15 Authorization Act for Fiscal Year 2011. 

16 SEC. 575. INCLUSION OF SEXUAL HARASSMENT INCIDENTS 

17 IN ANNUAL DEPARTMENT OF DEFENSE RE18 PORTS ON SEXUAL ASSAULTS. 

19 Effective with the report required to be submitted by 

20 March 1, 2013, under section 1631 of the Ike Skelton Na21 tional Defense Authorization Act for Fiscal Year 2011 

22 (Public Law 111–383; 124 Stat. 4433; 10 U.S.C. 1561 

23 note), the Secretary of each military department shall in24 clude in each annual report required by that section infor25 mation on sexual harassment involving members of the 


smartinez on DSK6TPTVN1PROD with BILLS
259 

HR 4310 RFS

1 Armed Forces under the jurisdiction of that Secretary 

2 during the preceding year. For purposes of complying with 

3 this section, the Secretary of the military department con4 cerned shall apply subsection (b) of such section 1631 by 

5 substituting the term ‘‘sexual harassment’’ for ‘‘sexual as6 sault’’ each place it appears in paragraphs (1) through 

7 (4) of such subsection. 

8 SEC. 576. CONTINUED SUBMISSION OF PROGRESS REPORTS 

9 REGARDING CERTAIN INCIDENT INFORMA10 TION MANAGEMENT TOOLS. 

11 (a) REPORTS REQUIRED.—Not later than August 28, 

12 2012, and every six months thereafter until the date deter13 mined under subsection (b), the Secretary of Defense shall 

14 submit to the Committees on Armed Services of the Sen15 ate and the House of Representatives a report describing 

16 the progress made during the previous six months to en17 sure that both of the following are fully functional and 

18 operational: 

19 (1) The Defense Incident-Based Reporting Sys20 tem. 

21 (2) The Defense Sexual Assault Incident Data22 base. 

23 (b) DURATION OF REPORTING REQUIREMENT.—The 

24 reporting requirement imposed by subsection (a) shall con25 tinue until the date on which the Secretary of Defense 


smartinez on DSK6TPTVN1PROD with BILLS
260 

HR 4310 RFS

1 certifies, in a report submitted under such subsection, 

2 that— 

3 (1) the Defense Incident-Based Reporting Sys4 tem and the Defense Sexual Assault Incident Data5 base are fully functional and operational throughout 

6 the Department of Defense; and 

7 (2) each of the military departments is using 

8 the Defense Incident-Based Reporting System or 

9 providing data for inclusion in the Defense Sexual 

10 Assault Incident Database. 

11 (c) REPEAL OF SUPERSEDED REPORTING REQUIRE12 MENT.—Section 598 of the National Defense Authoriza13 tion Act for Fiscal Year 2010 (Public Law 111–84; 123 

14 Stat. 2345; 10 U.S.C. 113 note) is repealed. 

15 SEC. 577. BRIEFINGS ON DEPARTMENT OF DEFENSE AC16 TIONS REGARDING SEXUAL ASSAULT PRE17 VENTION AND RESPONSE IN THE ARMED 

18 FORCES. 

19 Not later than October 31, 2012, and April 30, 2013, 

20 the Secretary of Defense (or the designee of the Secretary 

21 of Defense) shall provide to the Committees on Armed 

22 Services of the Senate and House of Representatives a 

23 briefing that outlines efforts by the Department of De24 fense to implement— 


smartinez on DSK6TPTVN1PROD with BILLS
261 

HR 4310 RFS

1 (1) subtitle H of title V of the National Defense 

2 Authorization Act for Fiscal Year 2012 (Public Law 

3 112–81; 125 Stat. 1430) and the amendments made 

4 by that subtitle; 

5 (2) the additional initiatives announced by the 

6 Secretary of Defense on April 17, 2012, to address 

7 sexual assault involving members of the Armed 

8 Forces; and 

9 (3) any other initiatives, policies, or programs 

10 being undertaken by the Secretary of Defense and 

11 the Secretaries of the military departments to ad12 dress sexual assault involving members of the Armed 

13 Forces. 

14 SEC. 578. ARMED FORCES WORKPLACE AND GENDER RELA15 TIONS SURVEYS. 

16 (a) ADDITIONAL CONTENT OF SURVEYS.—Sub17 section (c) of section 481 of title 10, United States Code, 

18 is amended— 

19 (1) by striking ‘‘harassment and discrimina20 tion’’ and inserting ‘‘harassment, assault, and dis21 crimination’’; 

22 (2) by redesignating paragraphs (2) and (3) as 

23 paragraphs (3) and (4); respectively; 

24 (3) by inserting after paragraph (1) the fol25 lowing new paragraph (2): 


smartinez on DSK6TPTVN1PROD with BILLS
262 

HR 4310 RFS

1 ‘‘(2) The specific types of assault that have oc2 curred, and the number of times each respondent 

3 has been assaulted during the preceding year.’’; 

4 (4) in paragraph (4), as so redesignated, by 

5 striking ‘‘discrimination’’ and inserting ‘‘discrimina6 tion, harassment, and assault’’; and 

7 (5) by adding at the end the following new 

8 paragraph 

9 ‘‘(5) Any other issues relating to discrimination, 

10 harassment, or assault as the Secretary of Defense 

11 considers appropriate.’’. 

12 (b) TIME FOR CONDUCTING OF SURVEYS.—Such sec13 tion is further amended— 

14 (1) in subsection (a)(1), by striking ‘‘four quad15 rennial surveys (each in a separate year)’’ and in16 serting ‘‘four surveys’’; and 

17 (2) by striking subsection (d) and inserting the 

18 following new subsection: 

19 ‘‘(d) WHEN SURVEYS REQUIRED.—(1) One of the 

20 two Armed Forces Workplace and Gender Relations Sur21 veys shall be conducted in 2014 and then every second 

22 year thereafter and the other Armed Forces Workplace 

23 and Gender Relations Survey shall be conducted in 2015 

24 and then every second year thereafter, so that one of the 

25 two surveys is being conducted each year. 


smartinez on DSK6TPTVN1PROD with BILLS
263 

HR 4310 RFS

1 ‘‘(2) The two Armed Forces Workplace and Equal 

2 Opportunity Surveys shall be conducted at least once every 

3 four years. The two surveys may not be conducted in the 

4 same year.’’. 

5 SEC. 579. REQUIREMENT FOR COMMANDERS TO CONDUCT 

6 ANNUAL ORGANIZATIONAL CLIMATE ASSESS7 MENTS. 

8 (a) REQUIREMENT.—The Secretary of Defense shall 

9 require the commander of each covered unit to conduct 

10 an organizational climate assessment within 120 days 

11 after the commander assumes command and annually 

12 thereafter. 

13 (b) DEFINITIONS.—In this section: 

14 (1) COVERED UNIT.—The term ‘‘covered unit’’ 

15 means any organizational element of the Armed 

16 Forces (other than the Coast Guard) with more than 

17 50 members assigned, including any such element of 

18 a reserve component. 

19 (2) ORGANIZATIONAL CLIMATE ASSESSMENT.— 

20 The term ‘‘organizational climate assessment’’ 

21 means an assessment intended to obtain information 

22 about the positive and negative factors that may 

23 have an impact on unit effectiveness and readiness 

24 by measuring matters relating to human relations 


smartinez on DSK6TPTVN1PROD with BILLS
264 

HR 4310 RFS

1 climate such as prevention and response to sexual 

2 assault and equal opportunity. 

3 SEC. 580. ADDITIONAL REQUIREMENTS FOR ORGANIZA4 TIONAL CLIMATE ASSESSMENTS. 

5 (a) ELEMENTS OF ASSESSMENTS.—An organiza6 tional climate assessment shall include avenues for mem7 bers of the Armed Forces to express their views on how 

8 their leaders, including commanders, are responding to al9 legations of sexual assault and complaints of sexual har10 assment. The Secretary of Defense shall require the Office 

11 of Diversity Management and Equal Opportunity and the 

12 Sexual Assault Prevention and Response Office to ensure 

13 equal opportunity advisors and officers of the Sexual As14 sault Prevention and Response Office are available to con15 duct these assessments. 

16 (b) ENSURING COMPLIANCE.— 

17 (1) IN GENERAL.—The Secretary of Defense 

18 shall direct the Secretaries of the military depart19 ments to verify and track the compliance of com20 manding officers in conducting organizational cli21 mate assessments. 

22 (2) IMPLEMENTATION.—No later than 90 days 

23 after the date of the enactment of this Act, the Sec24 retary of Defense shall submit to the Committees on 


smartinez on DSK6TPTVN1PROD with BILLS
265 

HR 4310 RFS

1 Armed Services of the Senate and House of Rep2 resentatives a report containing— 

3 (A) a description of the progress of the de4 velopment of the system that will verify and 

5 track the compliance of commanding officers in 

6 conducting organizational climate assessments; 

7 and 

8 (B) an estimate of when the system will be 

9 completed and implemented. 

10 (c) CONSULTATION.—In developing the sexual har11 assment and sexual assault portion of an organizational 

12 climate assessment, the Secretary of Defense shall consult 

13 with representatives of the following: 

14 (1) The Sexual Assault Prevention and Re15 sponse Office. 

16 (2) The Office of Diversity Management. 

17 (3) Appropriate non-Governmental organiza18 tions that have expertise in areas related to sexual 

19 harassment and sexual assault in the Armed Forces. 

20 (d) RELATION TO OTHER REPORTING REQUIRE21 MENTS.—The reporting requirements of this section are 

22 in addition to, and an expansion of, the Armed Forces 

23 Workplace and Gender Relations Surveys required by sec24 tion 481 of title 10, United States Code. 


smartinez on DSK6TPTVN1PROD with BILLS
266 

HR 4310 RFS

1 SEC. 581. REVIEW OF UNRESTRICTED REPORTS OF SEXUAL 

2 ASSAULT AND SUBSEQUENT SEPARATION OF 

3 MEMBERS MAKING SUCH REPORTS. 

4 (a) REVIEW REQUIRED.—The Secretary of Defense 

5 shall conduct a review of all unrestricted reports of sexual 

6 assault made by members of the Armed Forces since Octo7 ber 1, 2000, to determine the number of members who 

8 were subsequently separated from the Armed Forces and 

9 the circumstances of and grounds for such separation. 

10 (b) ELEMENTS OF REVIEW.—The review shall deter11 mine at a minimum the following: 

12 (1) For each member who made an unrestricted 

13 report of sexual assault and was subsequently sepa14 rated, the reason provided for the separation and 

15 whether the member requested an appeal. 

16 (2) For each member separated on the grounds 

17 of having a personality disorder, whether the separa18 tion was carried out in compliance with Department 

19 of Defense Instruction 1332.14. 

20 (3) For each member who requested an appeal, 

21 the basis and results of the appeal. 

22 (c) SUBMISSION OF RESULTS.—Not later than 180 

23 days after the date of the enactment of this Act, the Sec24 retary of Defense shall submit to the Committees on 

25 Armed Services of the Senate and House of Representa26 tives a report containing the results of the review. 


smartinez on DSK6TPTVN1PROD with BILLS
267 

HR 4310 RFS

1 SEC. 582. LIMITATION ON RELEASE FROM ACTIVE DUTY OR 

2 RECALL TO ACTIVE DUTY OF RESERVE COM3 PONENT MEMBERS WHO ARE VICTIMS OF 

4 SEXUAL ASSAULT WHILE ON ACTIVE DUTY. 

5 (a) IN GENERAL.—Chapter 1209 of title 10, United 

6 States Code, is amended by adding at the end the fol7 lowing new section: 

8 ‘‘§ 12323. Active duty for response to sexual assault 

9 ‘‘(a) CONTINUATION ON ACTIVE DUTY.—In the case 

10 of a member of a reserve component who is the alleged 

11 victim of sexual assault committed while on active duty 

12 and who is expected to be released from active duty before 

13 the determination of whether the member was assaulted 

14 while in the line of duty, the Secretary concerned may, 

15 upon the request of the member, order the member to be 

16 retained on active duty until the line of duty determina17 tion, but not to exceed 180 days beyond the original expi18 ration of active duty date. A member eligible for continu19 ation on active duty under this subsection shall be in20 formed as soon as practicable after the alleged assault of 

21 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 

25 is the alleged victim of a sexual assault that occurred while 

26 the member was on active duty and when the determinaVerDate Mar 15 2010 01:00 Jun 20, 2012 Jkt 019200 PO 00000 Frm 00267 Fmt 6652 Sfmt 6201 E:\BILLS\H4310.RFS H4310

smartinez on DSK6TPTVN1PROD with BILLS
268 

HR 4310 RFS

1 tion whether the member was in the line of duty is not 

2 completed, the Secretary concerned may, upon the request 

3 of the member, order the member to active duty for such 

4 time as necessary to complete the line of duty determina5 tion, but not to exceed 180 days. 

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 

9 of Defense. The guidelines of the Secretary of Defense 

10 shall provide that— 

11 ‘‘(1) a request submitted by a member de12 scribed in subsection (a) or (b) to continue on active 

13 duty, or to be ordered to active duty, respectively, 

14 must be decided within 30 days from the date of the 

15 request; and 

16 ‘‘(2) if the request is denied, the member may 

17 appeal to the first general officer or flag officer in 

18 the chain of command of the member, and in the 

19 case of such an appeal a decision on the appeal must 

20 be made within 15 days from the date of the ap21 peal.’’. 

22 (b) CLERICAL AMENDMENT.—The table of sections 

23 at the beginning of such chapter is amended adding at 

24 the end the following new item: 

‘‘12323. Active duty for response to sexual assault.’’. 


smartinez on DSK6TPTVN1PROD with BILLS
269 

HR 4310 RFS

1 SEC. 583. INCLUSION OF INFORMATION ON SUBSTAN2 TIATED REPORTS OF SEXUAL HARASSMENT 

3 IN MEMBER’S OFFICIAL SERVICE RECORD. 

4 (a) INCLUSION.—If a complaint of sexual harassment 

5 is made against a member of the Army, Navy, Air Force, 

6 or Marine Corps and the complaint is substantiated, a no7 tation to that effect shall be placed in the service record 

8 of the member, regardless of the member’s rank, for the 

9 purpose of— 

10 (1) reducing the likelihood that a member who 

11 has committed sexual harassment can commit the 

12 same offense multiple times without suffering the 

13 appropriate consequences; and 

14 (2) alerting commanders of the background of 

15 the members of their command, so the commanders 

16 have better awareness of its members, especially as 

17 members are transferred. 

18 (b) DEFINITION OF SUBSTANTIATED.—For purposes 

19 of implementing this section, the Secretary of Defense 

20 shall use the definition of substantiated developed for the 

21 annual report on sexual assaults involving members of the 

22 Armed Forces prepared under section 1631 of the Ike 

23 Skelton National Defense Authorization Act for Fiscal 

24 Year 2011 (Public Law 111–383; 124 Stat. 4433; 10 

25 U.S.C. 1561 note). 


smartinez on DSK6TPTVN1PROD with BILLS
270 

HR 4310 RFS

1 SEC. 584. SENSE OF CONGRESS ON MILITARY SEXUAL 

2 TRAUMA. 

3 (a) FINDINGS.—Congress finds the following: 

4 (1) The Department of Defense conducted a 

5 survey of members of the Armed Forces serving on 

6 active duty that revealed that only 13.5 percent of 

7 such members reported incidents of sexual assault, 

8 which means that more than 19,000 incidents of 

9 sexual assault of members of the Armed Forces ac10 tually occurred in 2010 alone. 

11 (2) Despite attempts, the Department of De12 fense has failed to address the chronic under report13 ing of incidents of sexual assault and harassment, as 

14 by the Department’s own estimates, 86 percent of 

15 sexual assaults went unreported in 2010. 

16 (3) Sexual assault in the military is an ongoing 

17 problem leading many victims to seek help after sep18 aration from the Armed Forces from the Depart19 ment of Veterans Affairs. 

20 (4) About 1 in 5 women and 1 in 100 men seen 

21 in Veterans Health Administration respond ‘‘Yes’’ 

22 when screened for military sexual trauma. 

23 (5) Among users of healthcare provided by the 

24 Department of Veterans Affairs, medical record data 

25 indicates that diagnoses of post-traumatic stress dis26 order and other anxiety disorders, depression and 


smartinez on DSK6TPTVN1PROD with BILLS
271 

HR 4310 RFS

1 other mood disorders, and substance use disorders 

2 are most frequently associated with military sexual 

3 trauma. 

4 (b) SENSE OF CONGRESS.—It is the sense of Con5 gress that— 

6 (1) the Secretary of Veterans Affairs should ex7 pand efforts to raise awareness about military sexual 

8 trauma and the treatment and services that the De9 partment provides to victims; and 

10 (2) in light of the fact that the available data 

11 shows an overwhelming number of military sexual 

12 trauma claims go unreported within the Department 

13 of Defense, making it very difficult for veterans to 

14 show proof of the assault when filing claims with the 

15 Department of Veterans Affairs for post-traumatic 

16 stress disorder and other mental health conditions 

17 caused by military sexual trauma, the Secretary of 

18 Veterans Affairs should review the disability process 

19 to ensure that victims of military sexual trauma who 

20 file claims for service connection do not face unnec21 essary or overly burdensome requirements in order 

22 to claim disability benefits with the Department. 


smartinez on DSK6TPTVN1PROD with BILLS
272 

HR 4310 RFS

1 SEC. 585. CORRECTION OF MILITARY RECORDS OF MEM2 BERS OF THE ARMED FORCES WHO EXPERI3 ENCE RETALIATORY PERSONNEL ACTIONS 

4 FOR MAKING A REPORT OF SEXUAL ASSAULT 

5 OR SEXUAL HARASSMENT. 

6 The Secretary of Defense shall conduct a general 

7 education campaign to notify members of the Armed 

8 Forces regarding the authorities available under chapter 

9 79 of title 10, United States Code, for the correction of 

10 military records when a member experiences any retalia11 tory personnel action for making a report of sexual assault 

12 or sexual harassment. 

13 SEC. 586. DEPARTMENT OF DEFENSE SEXUAL ASSAULT 

14 AND HARASSMENT OVERSIGHT AND ADVI15 SORY COUNCIL. 

16 (a) IN GENERAL.—Chapter 7 of title 10, United 

17 States Code, is amended by adding at the end the fol18 lowing new section: 

19 ‘‘§ 188. Sexual Assault and Harassment Oversight and 

20 Advisory Council 

21 ‘‘(a) ESTABLISHMENT.—There is a Sexual Assault 

22 and Harassment Oversight and Advisory Council (in this 

23 section referred to as the ‘Council’). 

24 ‘‘(b) MEMBERSHIP.—(1) The Council shall be com25 prised of individuals appointed by the Secretary of De26 fense who are experts and professionals in the fields of 


smartinez on DSK6TPTVN1PROD with BILLS
273 

HR 4310 RFS

1 sexual assault and harassment, judicial proceedings involv2 ing sexual assault or harassment, or treatment for sexual 

3 assault or harassment. At a minimum, the Council shall 

4 include as members the following: 

5 ‘‘(A) The Director of the Sexual Assault Pre6 vention and Response Office of the Department of 

7 Defense. 

8 ‘‘(B) The Judge Advocates General of the 

9 Army, Navy, and Air Force. 

10 ‘‘(C) A judge advocate from the Army, Navy, 

11 Air Force, and Marine Corps with experience in 

12 prosecuting sexual assault cases. 

13 ‘‘(D) A Department of Justice representative 

14 with experience in prosecuting sexual assault cases. 

15 ‘‘(E) An individual who has extensive experi16 ence in providing assistance to sexual assault vic17 tims. 

18 ‘‘(F) An individual who has expertise the civil19 ian judicial system with respect to sexual assault. 

20 ‘‘(2) Subject to paragraph (3), members shall be ap21 pointed for a term of two years. A member may serve after 

22 the end of the member’s term until the member’s suc23 cessor takes office. 

24 ‘‘(3) If a vacancy occurs in the Council, the vacancy 

25 shall be filled in the same manner as the original appointVerDate Mar 15 2010 01:00 Jun 20, 2012 Jkt 019200 PO 00000 Frm 00273 Fmt 6652 Sfmt 6201 E:\BILLS\H4310.RFS H4310

smartinez on DSK6TPTVN1PROD with BILLS
274 

HR 4310 RFS

1 ment. A member of the Council appointed to fill a vacancy 

2 occurring before the end of the term for which the mem3 ber’s predecessor was appointed shall only serve until the 

4 end of such term. 

5 ‘‘(c) CHAIRMAN; MEETINGS.—(1) The Council shall 

6 elect a chair from among its members. 

7 ‘‘(2) The Council shall meet not less often than once 

8 every year. 

9 ‘‘(3) If a member of the Board fails to attend two 

10 successive Board meetings, except in a case in which an 

11 absence is approved in advance, for good cause, by the 

12 Board chairman, such failure shall be grounds for termi13 nation from membership on the Board. A person des14 ignated for membership on the Board shall be provided 

15 notice of the provisions of this paragraph at the time of 

16 such designation. 

17 ‘‘(d) ADMINISTRATIVE PROVISIONS.—(1) Each mem18 ber of the Council who is not an officer or employee of 

19 the Federal Government shall be compensated at a rate 

20 equal to the daily equivalent of the annual rate of basic 

21 pay prescribed for Executive Schedule Level IV under sec22 tion 5315 of title 5, for each day (including travel time) 

23 during which such member is engaged in the performance 

24 of the duties of the Council. Members of the Council who 

25 are officers or employees of the United States shall serve 


smartinez on DSK6TPTVN1PROD with BILLS
275 

HR 4310 RFS

1 without compensation in addition to that received for their 

2 services as officers or employees of the United States. 

3 ‘‘(2) The members of the Council shall be allowed 

4 travel expenses, including per diem in lieu of subsistence, 

5 at rates authorized for employees of agencies under sub6 chapter I of chapter 57 of title 5, while away from their 

7 homes or regular places of business in the performance 

8 of services for the Council. 

9 ‘‘(e) RESPONSIBILITIES.—The Council shall be re10 sponsible for providing oversight and advice to the Sec11 retary of Defense and the Secretaries of the military de12 partments on the activities and implementation of policies 

13 and programs developed by the Sexual Assault Prevention 

14 and Response Office, including any modifications to the 

15 Uniform Code of Military Justice, in response to sexual 

16 assault and harassment. 

17 ‘‘(f) ANNUAL REPORT.—Not later than March 31 of 

18 each year, the Council shall submit to the Secretary of 

19 Defense and the congressional defense committees a re20 port that describes the activities of the Council during the 

21 preceding year and contains such recommendations as the 

22 Council considers appropriate to improve sexual assault 

23 prevention and treatment programs and policies of the De24 partment of Defense.’’. 


smartinez on DSK6TPTVN1PROD with BILLS
276 

HR 4310 RFS

1 (b) CLERICAL AMENDMENT.—The table of sections 

2 at the beginning of such chapter is amended by adding 

3 at the end the following new item: 

‘‘188. Sexual Assault and Harassment Oversight and Advisory Council.’’. 

4 Subtitle I—Other Matters 

5 SEC. 590. INCLUSION OF FREELY ASSOCIATED STATES 

6 WITHIN SCOPE OF JUNIOR RESERVE OFFI7 CERS’ TRAINING CORPS PROGRAM. 

8 Section 2031(a) of title 10, United States Code, is 

9 amended by adding at the end the following new para10 graph: 

11 ‘‘(3) If a secondary educational institution in the 

12 Federated States of Micronesia, the Republic of the Mar13 shall Islands, or the Republic of Palau otherwise meets 

14 the conditions imposed by subsection (b) on the establish15 ment and maintenance of units of the Junior Reserve Offi16 cers’ Training Corps, the Secretary of a military depart17 ment may establish and maintain a unit of the Junior Re18 serve Officers’ Training Corps at the secondary edu19 cational institution even though the secondary educational 

20 institution is not a United States secondary educational 

21 institution.’’. 

22 SEC. 591. PRESERVATION OF EDITORIAL INDEPENDENCE 

23 OF STARS AND STRIPES. 

24 To preserve the actual and perceived editorial and 

25 management independence of the Stars and Stripes newsVerDate Mar 15 2010 01:00 Jun 20, 2012 Jkt 019200 PO 00000 Frm 00276 Fmt 6652 Sfmt 6201 E:\BILLS\H4310.RFS H4310

smartinez on DSK6TPTVN1PROD with BILLS
277 

HR 4310 RFS

1 paper, the Secretary of Defense shall extend the lease for 

2 the commercial office space in the District of Columbia 

3 currently occupied by the editorial and management oper4 ations of the Stars and Stripes newspaper until such time 

5 as the Secretary provides space and information tech6 nology and other support for such operations in a Govern7 ment-owned facility in the National Capital Region geo8 graphically remote from facilities of the Defense Media 

9 Activity at Fort Meade, Maryland. 

10 SEC. 592. SENSE OF CONGRESS REGARDING DESIGNATION 

11 OF BUGLE CALL COMMONLY KNOWN AS 

12 ‘‘TAPS’’ AS NATIONAL SONG OF REMEM13 BRANCE. 

14 (a) FINDINGS.—Congress makes the following find15 ings: 

16 (1) The bugle call commonly known as ‘‘Taps’’ 

17 is known throughout the United States. 

18 (2) In July 1862, following the Seven Days 

19 Battles, Union General Daniel Butterfield and bu20 gler Oliver Willcox Norton created ‘‘Taps’’ at Berk21 ley Plantation, Virginia, as a way to signal the end 

22 of daily military activities. 

23 (3) ‘‘Taps’’ is now established by the uniformed 

24 services as the last call of the day and is sounded 

25 at the completion of a military funeral. 


smartinez on DSK6TPTVN1PROD with BILLS
278 

HR 4310 RFS

1 (4) ‘‘Taps’’ has become the signature, solemn 

2 musical farewell for members of the uniformed serv3 ices and veterans who have faithfully served the 

4 United States during times of war and peace. 

5 (5) Over its 150 years of use, ‘‘Taps’’ has been 

6 woven into the historical fabric of the United States. 

7 (6) When sounded, ‘‘Taps’’ summons emotions 

8 of loss, pride, honor, and respect and encourages 

9 Americans to remember patriots who served the 

10 United States with honor and valor. 

11 (7) The 150th anniversary of the writing of 

12 ‘‘Taps’’ will be observed with events culminating in 

13 June 2012 with a rededication of the Taps Monu14 ment at Berkley Plantation, Virginia. 

15 (b) SENSE OF CONGRESS.—It is the sense of Con16 gress that the bugle call commonly known as ‘‘Taps’’ 

17 should be designated as the National Song of Remem18 brance. 

19 SEC. 593. RECOMMENDED CONDUCT DURING SOUNDING OF 

20 BUGLE CALL COMMONLY KNOWN AS ‘‘TAPS’’. 

21 (a) CONDUCT DURING SOUNDING OF ‘‘TAPS’’.— 

22 Chapter 3 of title 36, United States Code, is amended by 

23 adding at the end the following new section: 


smartinez on DSK6TPTVN1PROD with BILLS
279 

HR 4310 RFS

1 ‘‘§ 306. Conduct during sounding of ‘Taps’ 

2 ‘‘(a) DEFINITION.—In this section, the term ‘Taps’ 

3 refers to the bugle call consisting of 24 notes normally 

4 sounded on a bugle or trumpet without accompaniment 

5 or embellishment as the last call of the day on a military 

6 base, at the completion of a military funeral, or on other 

7 occasions as the solemn musical farewell to members of 

8 the uniform services and veterans. 

9 ‘‘(b) CONDUCT DURING SOUNDING.— 

10 ‘‘(1) IN GENERAL.—During a performance of 

11 Taps— 

12 ‘‘(A) all present, except persons in uni13 form, should stand at attention with the right 

14 hand over the heart; 

15 ‘‘(B) men not in uniform should remove 

16 their headdress with their right hand and hold 

17 the headdress at the left shoulder, the hand 

18 being over the heart; and 

19 ‘‘(C) persons in uniform should stand at 

20 attention and give the military salute at the 

21 first note of Taps and maintain that position 

22 until the last note. 

23 ‘‘(2) EXCEPTION.—Paragraph (1) shall not 

24 apply when Taps is sounded as the final bugle call 

25 of the day at a military base. 


smartinez on DSK6TPTVN1PROD with BILLS
280 

HR 4310 RFS

1 ‘‘(c) DEFINITION OF MILITARY BASE.—In this sec2 tion, the term ‘military base’ means a base, camp, post, 

3 station, yard, center, homeport facility for any ship, or 

4 other activity under the jurisdiction of the Department of 

5 Defense, including any leased facility, which is located 

6 within any of the several States, the District of Columbia, 

7 the Commonwealth of Puerto Rico, American Samoa, the 

8 Virgin Islands, the Commonwealth of the Northern Mar9 iana Islands, or Guam.’’. 

10 (b) CONFORMING AND CLERICAL AMENDMENTS.— 

11 (1) CHAPTER HEADING.—The heading of chap12 ter 3 of title 36, United States Code, is amended to 

13 read as follows: 

14 ‘‘CHAPTER 3—NATIONAL ANTHEM, MOTTO, 

15 AND OTHER NATIONAL DESIGNATIONS’’. 

16 (2) TABLE OF CHAPTERS.—The item relating 

17 to chapter 3 in the table of chapters for such title 

18 is amended to read as follows: 

‘‘3. National Anthem, Motto, and Other National Designations ............. 301’’. 

19 (3) TABLE OF SECTIONS.—The table of sections 

20 at the beginning of such chapter is amended by add21 ing at the end the following new item: 

‘‘306. Conduct during sounding of ‘Taps’.’’. 


smartinez on DSK6TPTVN1PROD with BILLS
281 

HR 4310 RFS

1 SEC. 594. INSPECTION OF MILITARY CEMETERIES UNDER 

2 THE JURISDICTION OF DEPARTMENT OF DE3 FENSE. 

4 (a) DOD INSPECTOR GENERAL INSPECTION OF AR5 LINGTON NATIONAL CEMETERY AND UNITED STATES

6 SOLDIERS’ AND AIRMEN’S HOME NATIONAL CEME7 TERY.—Section 1(d) of Public Law 111–339; 124 Stat. 

8 3592) is amended— 

9 (1) in paragraph (1), by striking ‘‘The Sec10 retary’’ in the first sentence and inserting ‘‘Subject 

11 to paragraph (2), the Secretary’’; and 

12 (2) in paragraph (2), by adding at the end the 

13 following new sentence: ‘‘However, in the case of the 

14 report required to be submitted during 2013, the as15 sessment described in paragraph (1) shall be con16 ducted, and the report shall be prepared and sub17 mitted, by the Inspector General of the Department 

18 of Defense instead of the Secretary of the Army.’’. 

19 (b) TIME FOR SUBMISSION OF REPORT AND PLAN

20 OF ACTION REGARDING INSPECTION OF CEMETERIES AT

21 MILITARY INSTALLATIONS.—Section 592(d)(2) of the Na22 tional Defense Authorization Act for Fiscal Year 2012 

23 (Public Law 112–81; 125 Stat. 1443) is amended— 

24 (1) by striking ‘‘December 31, 2012’’ and in25 serting ‘‘June 29, 2013’’; and 


smartinez on DSK6TPTVN1PROD with BILLS
282 

HR 4310 RFS

1 (2) by striking ‘‘April 1, 2013’’ and inserting 

2 ‘‘October 1, 2013’’. 

3 SEC. 595. PILOT PROGRAM TO PROVIDE TRANSITIONAL AS4 SISTANCE TO MEMBERS OF THE ARMED 

5 FORCES WITH A FOCUS ON SCIENCE, TECH6 NOLOGY, ENGINEERING, AND MATHEMATICS. 

7 (a) PROGRAM AUTHORITY.—The Secretary of De8 fense may conduct one or more pilot programs to provide 

9 transitional assistance for members of the Armed Forces 

10 leaving active duty that focuses on assisting the members 

11 to transition into the fields of science, technology, engi12 neering, and mathematics to address the shortage of ex13 pertise within the Department of Defense in those fields. 

14 (b) COOPERATION WITH EDUCATIONAL INSTITU15 TIONS.—The Secretary of Defense may enter into an 

16 agreement with an institution of higher education to pro17 vide for the management and execution of a pilot program 

18 under this section. The institution of higher education 

19 must agree to allow the translation of military experience 

20 and training into course credit and provide for the transfer 

21 of previously received credit through local community col22 leges and other accredited institutions of higher education. 

23 (c) DURATION.—Any pilot program established under 

24 the authority of this section may not operate for more 

25 than three academic years. 


smartinez on DSK6TPTVN1PROD with BILLS
283 

HR 4310 RFS

1 (d) REPORTING REQUIREMENT.—At the conclusion 

2 of a pilot program under this section, the Secretary of De3 fense shall submit to the congressional defense committee 

4 a report on the results of the pilot program, including the 

5 cost incurred to conduct the program, the number of par6 ticipants of the program, and the outcomes for the partici7 pants of the program. 

8 SEC. 596. SENSE OF CONGRESS REGARDING THE RECOV9 ERY OF THE REMAINS OF CERTAIN MEMBERS 

10 OF THE ARMED FORCES KILLED IN THUR11 STON ISLAND, ANTARCTICA. 

12 (a) FINDINGS.—Congress makes the following find13 ings: 

14 (1) Commencing August 26, 1946, though late 

15 February 1947 the United States Navy Antarctic 

16 Developments Program Task Force 68, codenamed 

17 ‘‘Operation Highjump’’ initiated and undertook the 

18 largest ever-to-this-date exploration of the Antarctic 

19 continent. 

20 (2) The primary mission of the Task Force 68 

21 organized by Rear Admiral Richard E. Byrd Jr. 

22 USN, (Ret) and led by Rear Admiral Richard H. 

23 Cruzen, USN, was to do the following: 

24 (A) Establish the Antarctic research base 

25 Little America IV. 


smartinez on DSK6TPTVN1PROD with BILLS
284 

HR 4310 RFS

1 (B) In the defense of the United States of 

2 America from possible hostile aggression from 

3 abroad - to train personnel test equipment, de4 velop techniques for establishing, maintaining 

5 and utilizing air bases on ice, with applicability 

6 comparable to interior Greenland, where condi7 tions are similar to those of the Antarctic. 

8 (C) Map and photograph a full two-thirds 

9 of the Antarctic Continent during the classified, 

10 hazardous duty/volunteer-only operation involv11 ing 4700 sailors, 23 aircraft and 13 ships in12 cluding the first submarine the U.S.S. Sennet, 

13 and the aircraft carrier the U.S.S. Philippine 

14 Sea, brought to the edge of the ice pack to 

15 launch (6) Navy ski-equipped, rocket-assisted 

16 R4Ds. 

17 (D) Consolidate and extend United States 

18 sovereignty over the largest practicable area of 

19 the Antarctic continent. 

20 (E) Determine the feasibility of estab21 lishing, maintaining and utilizing bases in the 

22 Antarctic and investigating possible base sites. 

23 (3) While on a hazardous duty/all volunteer 

24 mission vital to the interests of National Security 

25 and while over the eastern Antarctica coastline 


smartinez on DSK6TPTVN1PROD with BILLS
285 

HR 4310 RFS

1 known as the Phantom Coast, the PBM–5 Martin 

2 Mariner ‘‘Flying Boat’’ ‘‘George 1’’ entered a 

3 whiteout over Thurston Island. As the pilot at4 tempted to climb, the aircraft grazed the glacier’s 

5 ridgeline and exploded within 5 seconds instantly 

6 killing Ensign Maxwell Lopez, Navigator and Wen7 dell ‘‘Bud’’ Hendersin, Aviation Machinists Mate 1st 

8 Class while Frederick Williams, Aviation Radioman 

9 1st Class died several hours later. Six other crewmen 

10 survived including the Captain of the ‘‘George 1’s’’ 

11 seaplane tender U.S.S. Pine Island. 

12 (4) The bodies of the dead were protected from 

13 the desecration of Antarctic scavenging birds 

14 (Skuas) by the surviving crew wrapping the bodies 

15 and temporarily burying the men under the star16 board wing engine nacelle. 

17 (5) Rescue requirements of the ‘‘George-1’’ sur18 vivors forced the abandonment of their crewmates’ 

19 bodies. 

20 (6) Conditions prior to the departure of Task 

21 Force 68 precluded a return to the area to the re22 cover the bodies. 

23 (7) For nearly 60 years Navy promised the 

24 families that they would recover the men: ‘‘If the 

25 safety, logistical, and operational prerequisites allow 


smartinez on DSK6TPTVN1PROD with BILLS
286 

HR 4310 RFS

1 a mission in the future, every effort will be made to 

2 bring our sailors home.’’. 

3 (8) The Joint POW/MIA Accounting Command 

4 twice offered to recover the bodies of this crew for 

5 Navy. 

6 (9) A 2004 NASA ground penetrating radar 

7 overflight commissioned by Navy relocated the crash 

8 site three miles from its crash position. 

9 (10) The Joint POW/MIA Accounting Com10 mand offered to underwrite the cost of an aerial 

11 ground penetrating radar (GPR) survey of the crash 

12 site area by NASA. 

13 (11) The Joint POW/MIA Accounting Com14 mand studied the recovery with the recognized recov15 ery authorities and national scientists and deter16 mined that the recovery is only ‘‘medium risk’’. 

17 (12) National Science Foundation and sci18 entists from the University of Texas, Austin, regu19 larly visit the island. 

20 (13) The crash site is classified as a ‘‘perishable 

21 site’’, meaning a glacier that will calve into the 

22 Bellingshausen Sea. 

23 (14) The National Science Foundation main24 tains a presence in area - of the Pine Island Glacier. 


smartinez on DSK6TPTVN1PROD with BILLS
287 

HR 4310 RFS

1 (15) The National Science Foundation Director 

2 of Polar Operations will assist and provide assets for 

3 the recovery upon the request of Congress. 

4 (16) The United States Coast Guard is pres5 ently pursuing the recovery of 3 WWII air crewmen 

6 from similar circumstances in Greenland. 

7 (17) On Memorial Day, May 25, 2009, Presi8 dent Barack Obama declared: ‘‘* * * the support of 

9 our veterans is a sacred trust * * * we need to serve 

10 them as they have served us * * * that means bring11 ing home all our POWs and MIAs * * *’’. 

12 (18) The policies and laws of the United States 

13 of America require that our armed service personnel 

14 be repatriated. 

15 (19) The fullest possible accounting of United 

16 States fallen military personnel means repatriating 

17 living American POWs and MIAs, accounting for, 

18 identifying, and recovering the remains of military 

19 personnel who were killed in the line of duty, or pro20 viding convincing evidence as to why such a repatri21 ation, accounting, identification, or recovery is not 

22 possible. 

23 (20) It is the responsibility of the Federal Gov24 ernment to return to the United States for proper 


smartinez on DSK6TPTVN1PROD with BILLS
288 

HR 4310 RFS

1 burial and respect all members of the Armed Forces 

2 killed in the line of duty who lie in lost graves. 

3 (b) SENSE OF CONGRESS.—In light of the findings 

4 under subsection (a), Congress— 

5 (1) reaffirms its support for the recovery and 

6 return to the United States, the remains and bodies 

7 of all members of the Armed Forces killed in the 

8 line of duty, and for the efforts by the Joint POW9 MIA Accounting Command to recover the remains of 

10 members of the Armed Forces from all wars, con11 flicts and missions; 

12 (2) recognizes the courage and sacrifice of all 

13 members of the Armed Forces who participated in 

14 Operation Highjump and all missions vital to the 

15 national security of the United States of America; 

16 (3) acknowledges the dedicated research and ef17 forts by the US Geological Survey, the National 

18 Science Foundation, the Joint POW/MIA Account19 ing Command, the Fallen American Veterans Foun20 dation and all persons and organizations to identify, 

21 locate, and advocate for, from their temporary Ant22 arctic grave, the recovery of the well-preserved fro23 zen bodies of Ensign Maxwell Lopez, Naval Aviator, 

24 Frederick Williams, Aviation Machinist’s Mate 1ST 


smartinez on DSK6TPTVN1PROD with BILLS
289 

HR 4310 RFS

1 Class, Wendell Hendersin, Aviation Radioman 1ST 

2 Class of the ‘‘George 1’’ explosion and crash; and 

3 (4) encourages the Department of Defense to 

4 review the facts, research and to pursue new efforts 

5 to undertake all feasible efforts to recover, identify, 

6 and return the well-preserved frozen bodies of the 

7 ‘‘George 1’’ crew from Antarctica’s Thurston Island. 

8 SEC. 597. REPORT ON EFFECTS OF MULTIPLE DEPLOY9 MENTS. 

10 Not later than 180 days after the date of enactment 

11 of this Act, the Secretary of Defense shall submit to Con12 gress a report on the effects of multiple deployments on 

13 the well-being of military personnel and any recommended 

14 changes to health evaluations prior to redeployments. 

15 SEC. 598. ESTABLISHMENT OF CHAIN OF COMMAND FOR 

16 ARMY NATIONAL MILITARY CEMETERIES. 

17 (a) MILITARY CHAIN OF COMMAND REQUIRED.—The 

18 Secretary of the Army shall establish a chain of command 

19 for the Army National Military Cemeteries, to include a 

20 military commander of the Army National Military Ceme21 teries to replace the current civilian director upon the ter22 mination of the tenure of the director. 

23 (b) CONFORMING AMENDMENT.—Section 4724(a)(1) 

24 of title 10, United States Code, is amended by striking 


smartinez on DSK6TPTVN1PROD with BILLS
290 

HR 4310 RFS

1 ‘‘who shall meet’’ and inserting ‘‘who is a commissioned 

2 officer and meets’’. 

3 SEC. 599. MILITARY SALUTE DURING RECITATION OF 

4 PLEDGE OF ALLEGIANCE BY MEMBERS OF 

5 THE ARMED FORCES NOT IN UNIFORM AND 

6 BY VETERANS. 

7 Section 4 of title 4, United States Code, is amended 

8 by adding at the end the following new sentence: ‘‘Mem9 bers of the Armed Forces not in uniform and veterans may 

10 render the military salute in the manner provided for per11 sons in uniform.’’. 

12 TITLE VI—COMPENSATION AND 

13 OTHER PERSONNEL BENEFITS 

14 Subtitle A—Pay and Allowances 

15 SEC. 601. FISCAL YEAR 2013 INCREASE IN MILITARY BASIC 

16 PAY. 

17 (a) WAIVER OF SECTION 1009 ADJUSTMENT.—The 

18 adjustment to become effective during fiscal year 2013 re19 quired by section 1009 of title 37, United States Code, 

20 in the rates of monthly basic pay authorized members of 

21 the uniformed services shall not be made. 

22 (b) INCREASE IN BASIC PAY.—Effective on January 

23 1, 2013, the rates of monthly basic pay for members of 

24 the uniformed services are increased by 1.7 percent. 


smartinez on DSK6TPTVN1PROD with BILLS
291 

HR 4310 RFS

1 SEC. 602. BASIC ALLOWANCE FOR HOUSING FOR TWO-MEM2 BER COUPLES WHEN ONE MEMBER IS ON SEA 

3 DUTY. 

4 (a) IN GENERAL.—Subparagraph (C) of section 

5 403(f)(2) of title 37, United States Code, is amended to 

6 read as follows: 

7 ‘‘(C) Notwithstanding section 421 of this title, a 

8 member of a uniformed service in a pay grade below pay 

9 grade E–6 who is assigned to sea duty and is married 

10 to another member of a uniformed service is entitled to 

11 a basic allowance for housing subject to the limitations 

12 of subsection (e).’’. 

13 (b) EFFECTIVE DATE.—The amendment made by 

14 subsection (a) shall take effect on January 1, 2013. 

15 SEC. 603. NO REDUCTION IN BASIC ALLOWANCE FOR HOUS16 ING FOR ARMY NATIONAL GUARD AND AIR 

17 NATIONAL GUARD MEMBERS WHO TRANSI18 TION BETWEEN ACTIVE DUTY AND FULL19 TIME NATIONAL GUARD DUTY WITHOUT A 

20 BREAK IN ACTIVE SERVICE. 

21 Section 403(g) of title 37, United States Code, is 

22 amended by adding at the end the following new para23 graph: 

24 ‘‘(6)(A) The rate of basic allowance for housing to 

25 be paid to a member of the Army National Guard of the 

26 United States or the Air National Guard of the United 


smartinez on DSK6TPTVN1PROD with BILLS
292 

HR 4310 RFS

1 States shall not be reduced upon the transition of the 

2 member from active duty to full-time National Guard 

3 duty, or from full-time National Guard duty to active 

4 duty, when the transition occurs without a break in active 

5 service. 

6 ‘‘(B) For the purposes of this paragraph, a break in 

7 active service occurs when one or more calendar days be8 tween active service periods do not qualify as active serv9 ice.’’. 

10 SEC. 604. MODIFICATION OF PROGRAM GUIDANCE RELAT11 ING TO THE AWARD OF POST-DEPLOYMENT/ 

12 MOBILIZATION RESPITE ABSENCE ADMINIS13 TRATIVE ABSENCE DAYS TO MEMBERS OF 

14 THE RESERVE COMPONENTS UNDER DOD IN15 STRUCTION 1327.06. 

16 Effective as of October 1, 2011, the changes made 

17 by the Secretary of Defense to the Program Guidance re18 lating to the award of Post-Deployment/Mobilization Res19 pite Absence administrative absence days to members of 

20 the reserve components under DOD Instruction 1327.06 

21 shall not apply to a member of a reserve component whose 

22 qualified mobilization (as described in such program guid23 ance) commenced before October 1, 2011, and continued 

24 on or after that date until the date the mobilization is 

25 terminated. 


smartinez on DSK6TPTVN1PROD with BILLS
293 

HR 4310 RFS

1 SEC. 605. PAYMENT OF BENEFIT FOR NONPARTICIPATION 

2 OF ELIGIBLE MEMBERS IN POST-DEPLOY3 MENT/MOBILIZATION RESPITE ABSENCE 

4 PROGRAM DUE TO GOVERNMENT ERROR. 

5 (a) PAYMENT OF BENEFIT.— 

6 (1) IN GENERAL.—Subject to subsection (e), 

7 the Secretary concerned shall, upon application 

8 therefor, make a payment to each individual de9 scribed in paragraph (2) of $200 for each day of 

10 nonparticipation of such individual in the Post-De11 ployment/Mobilization Respite Absence program as 

12 described in that paragraph. 

13 (2) COVERED INDIVIDUALS.—An individual de14 scribed in this paragraph is an individual who— 

15 (A) was eligible for participation as a 

16 member of the Armed Forces in the Post-De17 ployment/Mobilization Respite Absence pro18 gram; but 

19 (B) as determined by the Secretary con20 cerned pursuant to an application for the cor21 rection of the military records of such indi22 vidual pursuant to section 1552 of title 10, 

23 United States Code, did not participate in one 

24 or more days in the program for which the indi25 vidual was so eligible due to Government error. 

26 (b) DECEASED INDIVIDUALS.— 


smartinez on DSK6TPTVN1PROD with BILLS
294 

HR 4310 RFS

1 (1) APPLICATIONS.—If an individual otherwise 

2 covered by subsection (a) is deceased, the application 

3 required by that subsection shall be made by the in4 dividual’s legal representative. 

5 (2) PAYMENT.—If an individual to whom pay6 ment would be made under subsection (a) is de7 ceased at time of payment, payment shall be made 

8 in the manner specified in section 1552(c)(2) of title 

9 10, United States Code. 

10 (c) PAYMENT IN LIEU OF ADMINISTRATIVE AB11 SENCE.—Payment under subsection (a) with respect to a 

12 day described in that subsection shall be in lieu of any 

13 entitlement of the individual concerned to a day of admin14 istrative absence for such day. 

15 (d) CONSTRUCTION.— 

16 (1) CONSTRUCTION WITH OTHER PAY.—Any 

17 payment with respect to an individual under sub18 section (a) is in addition to any other pay provided 

19 by law. 

20 (2) CONSTRUCTION OF AUTHORITY.—It is the 

21 sense of Congress that— 

22 (A) the sole purpose of the authority in 

23 this section is to remedy administrative errors; 

24 and 


smartinez on DSK6TPTVN1PROD with BILLS
295 

HR 4310 RFS

1 (B) the authority in this section is not in2 tended to establish any entitlement in connec3 tion with the Post-Deployment/Mobilization 

4 Respite Absence program. 

5 (e) PAYMENTS SUBJECT TO AVAILABILITY OF AP6 PROPRIATIONS.—No cash payment may be made under 

7 subsection (a) unless the funds to be used to make the 

8 payments are available pursuant to an appropriations Act 

9 enacted after the date of enactment of this Act. 

10 (f) FUNDING OFFSET.—The Secretary of Defense 

11 shall transfer $2,000,000 from the unobligated balances 

12 of the Pentagon Reservation Maintenance Revolving Fund 

13 established under section 2674(e) of title 10, United 

14 States Code, to the Miscellaneous Receipts Fund of the 

15 United States Treasury. 

16 (g) DEFINITIONS.—In this section, the terms ‘‘Post17 Deployment/Mobilization Respite Absence program’’ and 

18 ‘‘Secretary concerned’’ have the meaning given such terms 

19 in section 604(f) of the National Defense Authorization 

20 Act for Fiscal Year 2010 (Public Law 111–84; 123 Stat. 

21 2350). 


smartinez on DSK6TPTVN1PROD with BILLS
296 

HR 4310 RFS

1 Subtitle B—Bonuses and Special 

2 and Incentive Pays 

3 SEC. 611. ONE-YEAR EXTENSION OF CERTAIN BONUS AND 

4 SPECIAL PAY AUTHORITIES FOR RESERVE 

5 FORCES. 

6 The following sections of title 37, United States 

7 Code, are amended by striking ‘‘December 31, 2012’’ and 

8 inserting ‘‘December 31, 2013’’: 

9 (1) Section 308b(g), relating to Selected Re10 serve reenlistment bonus. 

11 (2) Section 308c(i), relating to Selected Reserve 

12 affiliation or enlistment bonus. 

13 (3) Section 308d(c), relating to special pay for 

14 enlisted members assigned to certain high-priority 

15 units. 

16 (4) Section 308g(f)(2), relating to Ready Re17 serve enlistment bonus for persons without prior 

18 service. 

19 (5) Section 308h(e), relating to Ready Reserve 

20 enlistment and reenlistment bonus for persons with 

21 prior service. 

22 (6) Section 308i(f), relating to Selected Reserve 

23 enlistment and reenlistment bonus for persons with 

24 prior service. 


smartinez on DSK6TPTVN1PROD with BILLS
297 

HR 4310 RFS

1 (7) Section 408a(e), relating to reimbursement 

2 of travel expenses for inactive-duty training outside 

3 of normal commuting distance. 

4 (8) Section 910(g), relating to income replace5 ment payments for reserve component members ex6 periencing extended and frequent mobilization for 

7 active duty service. 

8 SEC. 612. ONE-YEAR EXTENSION OF CERTAIN BONUS AND 

9 SPECIAL PAY AUTHORITIES FOR HEALTH 

10 CARE PROFESSIONALS. 

11 (a) TITLE 10 AUTHORITIES.—The following sections 

12 of title 10, United States Code, are amended by striking 

13 ‘‘December 31, 2012’’ and inserting ‘‘December 31, 

14 2013’’: 

15 (1) Section 2130a(a)(1), relating to nurse offi16 cer candidate accession program. 

17 (2) Section 16302(d), relating to repayment of 

18 education loans for certain health professionals who 

19 serve in the Selected Reserve. 

20 (b) TITLE 37 AUTHORITIES.—The following sections 

21 of title 37, United States Code, are amended by striking 

22 ‘‘December 31, 2012’’ and inserting ‘‘December 31, 

23 2013’’: 

24 (1) Section 302c–1(f), relating to accession and 

25 retention bonuses for psychologists. 


smartinez on DSK6TPTVN1PROD with BILLS
298 

HR 4310 RFS

1 (2) Section 302d(a)(1), relating to accession 

2 bonus for registered nurses. 

3 (3) Section 302e(a)(1), relating to incentive 

4 special pay for nurse anesthetists. 

5 (4) Section 302g(e), relating to special pay for 

6 Selected Reserve health professionals in critically 

7 short wartime specialties. 

8 (5) Section 302h(a)(1), relating to accession 

9 bonus for dental officers. 

10 (6) Section 302j(a), relating to accession bonus 

11 for pharmacy officers. 

12 (7) Section 302k(f), relating to accession bonus 

13 for medical officers in critically short wartime spe14 cialties. 

15 (8) Section 302l(g), relating to accession bonus 

16 for dental specialist officers in critically short war17 time specialties. 

18 SEC. 613. ONE-YEAR EXTENSION OF SPECIAL PAY AND 

19 BONUS AUTHORITIES FOR NUCLEAR OFFI20 CERS. 

21 The following sections of title 37, United States 

22 Code, are amended by striking ‘‘December 31, 2012’’ and 

23 inserting ‘‘December 31, 2013’’: 


smartinez on DSK6TPTVN1PROD with BILLS
299 

HR 4310 RFS

1 (1) Section 312(f), relating to special pay for 

2 nuclear-qualified officers extending period of active 

3 service. 

4 (2) Section 312b(c), relating to nuclear career 

5 accession bonus. 

6 (3) Section 312c(d), relating to nuclear career 

7 annual incentive bonus. 

8 SEC. 614. ONE-YEAR EXTENSION OF AUTHORITIES RELAT9 ING TO TITLE 37 CONSOLIDATED SPECIAL 

10 PAY, INCENTIVE PAY, AND BONUS AUTHORI11 TIES. 

12 The following sections of title 37, United States 

13 Code, are amended by striking ‘‘December 31, 2012’’ and 

14 inserting ‘‘December 31, 2013’’: 

15 (1) Section 331(h), relating to general bonus 

16 authority for enlisted members. 

17 (2) Section 332(g), relating to general bonus 

18 authority for officers. 

19 (3) Section 333(i), relating to special bonus and 

20 incentive pay authorities for nuclear officers. 

21 (4) Section 334(i), relating to special aviation 

22 incentive pay and bonus authorities for officers. 

23 (5) Section 335(k), relating to special bonus 

24 and incentive pay authorities for officers in health 

25 professions. 


smartinez on DSK6TPTVN1PROD with BILLS
300 

HR 4310 RFS

1 (6) Section 351(h), relating to hazardous duty 

2 pay. 

3 (7) Section 352(g), relating to assignment pay 

4 or special duty pay. 

5 (8) Section 353(i), relating to skill incentive 

6 pay or proficiency bonus. 

7 (9) Section 355(h), relating to retention incen8 tives for members qualified in critical military skills 

9 or assigned to high priority units. 

10 SEC. 615. ONE-YEAR EXTENSION OF AUTHORITIES RELAT11 ING TO PAYMENT OF OTHER TITLE 37 BO12 NUSES AND SPECIAL PAYS. 

13 The following sections of title 37, United States 

14 Code, are amended by striking ‘‘December 31, 2012’’ and 

15 inserting ‘‘December 31, 2013’’: 

16 (1) Section 301b(a), relating to aviation officer 

17 retention bonus. 

18 (2) Section 307a(g), relating to assignment in19 centive pay. 

20 (3) Section 308(g), relating to reenlistment 

21 bonus for active members. 

22 (4) Section 309(e), relating to enlistment 

23 bonus. 

24 (5) Section 324(g), relating to accession bonus 

25 for new officers in critical skills. 


smartinez on DSK6TPTVN1PROD with BILLS
301 

HR 4310 RFS

1 (6) Section 326(g), relating to incentive bonus 

2 for conversion to military occupational specialty to 

3 ease personnel shortage. 

4 (7) Section 327(h), relating to incentive bonus 

5 for transfer between armed forces. 

6 (8) Section 330(f), relating to accession bonus 

7 for officer candidates. 

8 SEC. 616. INCREASE IN MAXIMUM AMOUNT OF OFFICER AF9 FILIATION BONUS FOR OFFICERS IN THE SE10 LECTED RESERVE. 

11 Section 308j(d) of title 37, United States Code, is 

12 amended by striking ‘‘$10,000’’ and inserting ‘‘$20,000’’. 

13 SEC. 617. INCREASE IN MAXIMUM AMOUNT OF INCENTIVE 

14 BONUS FOR RESERVE COMPONENT MEM15 BERS WHO CONVERT MILITARY OCCUPA16 TIONAL SPECIALTY TO EASE PERSONNEL 

17 SHORTAGES. 

18 Section 326(c)(1) of title 37, United States Code, is 

19 amended by striking ‘‘$4,000, in the case of a member 

20 of a regular component of the armed forces, and $2,000, 

21 in the case of a member of a reserve component of the 

22 armed forces.’’ and inserting ‘‘$4,000.’’. 


smartinez on DSK6TPTVN1PROD with BILLS
302 

HR 4310 RFS

1 Subtitle C—Travel and Transpor2 tation Allowances Generally 

3 SEC. 621. TRAVEL AND TRANSPORTATION ALLOWANCES 

4 FOR NON-MEDICAL ATTENDANTS FOR MEM5 BERS RECEIVING CARE IN A RESIDENTIAL 

6 TREATMENT PROGRAM. 

7 (a) AUTHORIZED TRAVEL AND TRANSPORTATION.— 

8 Subsection (a) of section 481k of title 37, United States 

9 Code, is amended— 

10 (1) by inserting ‘‘(1)’’ before ‘‘Under uniform 

11 regulations’’; and 

12 (2) by adding at the end the following new 

13 paragraph: 

14 ‘‘(2) Travel and transportation described in sub15 section (d) also may be provided for a qualified non-med16 ical attendant for a member of the uniformed services who 

17 is receiving care in a residential treatment program if the 

18 attending physician or other mental health professional 

19 and the commander or head of the military medical facility 

20 exercising control over the member determine that the 

21 presence and participation of such an attendant is essen22 tial to the treatment of the member.’’. 

23 (b) CONFORMING AMENDMENTS.—Such section is 

24 further amended— 

25 (1) in subsection (b)— 


smartinez on DSK6TPTVN1PROD with BILLS
303 

HR 4310 RFS

1 (A) by striking ‘‘covered member’’ in the 

2 matter preceding paragraph (1) and inserting 

3 ‘‘member’’; and 

4 (B) in paragraph (2), by striking ‘‘surgeon 

5 and the commander or head of the military 

6 medical facility’’ and inserting ‘‘surgeon (or 

7 mental health professional in the case of a 

8 member described in subsection (a)(2)) and the 

9 commander or head of the military medical fa10 cility exercising control over the member’’; and 

11 (2) in subsection (c), by striking ‘‘this section’’ 

12 in the matter preceding paragraph (1) and inserting 

13 ‘‘subsection (a)(1)’’. 

14 Subtitle D—Benefits and Services 

15 for Members Being Separated or 

16 Recently Separated 

17 SEC. 631. EXTENSION OF AUTHORITY TO PROVIDE TWO 

18 YEARS OF COMMISSARY AND EXCHANGE 

19 BENEFITS AFTER SEPARATION. 

20 (a) EXTENSION OF AUTHORITY.—Section 1146 of 

21 title 10, United States Code, is amended— 

22 (1) in subsection (a), by striking ‘‘2012’’ and 

23 inserting ‘‘2018’’; and 

24 (2) in subsection (b), by striking ‘‘2012’’ and 

25 inserting ‘‘2018’’. 


smartinez on DSK6TPTVN1PROD with BILLS
304 

HR 4310 RFS

1 (b) CORRECTION OF REFERENCE TO ADMINISTERING

2 SECRETARY.—Such section is further amended— 

3 (1) in subsection (a), by striking ‘‘The Sec4 retary of Transportation’’ and inserting ‘‘The Sec5 retary concerned’’; and 

6 (2) in subsection (b), by striking ‘‘The Sec7 retary of Homeland Security’’ and inserting ‘‘The 

8 Secretary concerned’’. 

9 SEC. 632. TRANSITIONAL USE OF MILITARY FAMILY HOUS10 ING. 

11 (a) RESUMPTION OF AUTHORITY TO AUTHORIZE

12 TRANSITIONAL USE.—Subsection (a) of section 1147 of 

13 title 10, United States Code, is amended— 

14 (1) in paragraph (1), by striking ‘‘October 1, 

15 1990, and ending on December 31, 2001’’ and in16 serting ‘‘October 1, 2012, and ending on December 

17 31, 2018’’; and 

18 (2) in paragraph (2), by striking ‘‘October 1, 

19 1994, and ending on December 31, 2001’’ and in20 serting ‘‘October 1, 2012, and ending on December 

21 31, 2018’’. 

22 (b) PROHIBITION ON PROVISION OF TRANSITIONAL

23 BASIC ALLOWANCE FOR HOUSING.—Such section is fur24 ther amended by adding at the end the following new sub25 section: 


smartinez on DSK6TPTVN1PROD with BILLS
305 

HR 4310 RFS

1 ‘‘(c) NO TRANSITIONAL BASIC ALLOWANCE FOR

2 HOUSING.—Nothing in this section shall be construed to 

3 authorize the Secretary concerned to continue to provide 

4 for any period of time to an individual who is involuntary 

5 separated all or any portion of a basic allowance for hous6 ing to which the individual was entitled under section 403 

7 of title 37 immediately before being involuntarily sepa8 rated, even in cases in which the individual or members 

9 of the individual’s household continue to reside after the 

10 separation in a housing unit acquired or constructed under 

11 the alternative authority of subchapter IV of chapter 169 

12 of this title that is not owned or leased by the United 

13 States.’’. 

14 (c) CORRECTION OF REFERENCE TO ADMINISTERING

15 SECRETARY.—Subsection (a)(2) of such section is further 

16 amended by striking ‘‘The Secretary of Transportation’’ 

17 and inserting ‘‘The Secretary concerned’’. 


smartinez on DSK6TPTVN1PROD with BILLS
306 

HR 4310 RFS

1 Subtitle E—Commissary and Non2 appropriated Fund Instrumen3 tality Benefits and Operations 

4 SEC. 641. CHARITABLE ORGANIZATIONS ELIGIBLE FOR DO5 NATIONS OF UNUSABLE COMMISSARY STORE 

6 FOOD AND OTHER FOOD PREPARED FOR THE 

7 ARMED FORCES. 

8 Subparagraph (A) of section 2485(f) of title 10, 

9 United States Code, is amended to read as follows: 

10 ‘‘(A) A food bank, food pantry, or soup kitchen 

11 (as those terms are defined in section 201A of the 

12 Emergency Food Assistance Act of 1983 (7 U.S.C. 

13 7501)).’’. 

14 SEC. 642. REPEAL OF CERTAIN RECORDKEEPING AND RE15 PORTING REQUIREMENTS APPLICABLE TO 

16 COMMISSARY AND EXCHANGE STORES OVER17 SEAS. 

18 (a) REPEAL.—Section 2489 of title 10, United States 

19 Code, is amended by striking subsections (b) and (c). 

20 (b) CONFORMING AMENDMENTS.—Such section is 

21 further amended— 

22 (1) by striking ‘‘GENERAL AUTHORITY.—(1)’’ 

23 and inserting ‘‘AUTHORITY TO ESTABLISH RESTRIC24 TIONS.—’’; 


smartinez on DSK6TPTVN1PROD with BILLS
307 

HR 4310 RFS

1 (2) by striking ‘‘(2)’’ and inserting ‘‘(b) LIMI2 TATIONS ON USE OF AUTHORITY.—’’; and 

3 (3) by redesignating subparagraphs (A) and 

4 (B) as paragraphs (1) and (2), respectively. 

5 SEC. 643. TREATMENT OF FISHER HOUSE FOR THE FAMI6 LIES OF THE FALLEN AND MEDITATION PA7 VILION AT DOVER AIR FORCE BASE, DELA8 WARE, AS A FISHER HOUSE. 

9 (a) FISHER HOUSES AND AUTHORIZED FISHER

10 HOUSE RESIDENTS.—Subsection (a) of section 2493 of 

11 title 10, United States Code, is amended— 

12 (1) in paragraph (1)(B), by striking ‘‘by pa13 tients’’ and all that follows through ‘‘such patients;’’ 

14 and inserting ‘‘by authorized Fisher House resi15 dents;’’; 

16 (2) by redesignating paragraph (2) as para17 graph (3); 

18 (3) by inserting after paragraph (1) the fol19 lowing new paragraph: 

20 ‘‘(2) The term ‘Fisher House’ includes the 

21 Fisher House for the Families of the Fallen and 

22 Meditation Pavilion at Dover Air Force Base, Dela23 ware, so long as such facility is available for residen24 tial use on a temporary basis by authorized Fisher 

25 House residents.’’; and 


smartinez on DSK6TPTVN1PROD with BILLS
308 

HR 4310 RFS

1 (4) by adding at the end the following new 

2 paragraph: 

3 ‘‘(4) The term ‘authorized Fisher House resi4 dents’ means the following: 

5 ‘‘(A) With respect to a Fisher House de6 scribed in paragraph (1) that is located in prox7 imity to a health care facility of the Army, the 

8 Air Force, or the Navy, the following persons: 

9 ‘‘(i) Patients of that health care facil10 ity. 

11 ‘‘(ii) Members of the families of such 

12 patients. 

13 ‘‘(iii) Other persons providing the 

14 equivalent of familial support for such pa15 tients. 

16 ‘‘(B) With respect to the Fisher House de17 scribed in paragraph (2), the following persons: 

18 ‘‘(i) The primary next of kin of a 

19 member of the armed forces who dies while 

20 located or serving overseas. 

21 ‘‘(ii) Other family members of the de22 ceased member who are eligible for trans23 portation under section 411f(e) of title 37. 

24 ‘‘(iii) An escort of a family member 

25 described in clause (i) or (ii).’’. 


smartinez on DSK6TPTVN1PROD with BILLS
309 

HR 4310 RFS

1 (b) CONFORMING AMENDMENTS.—Subsections (b), 

2 (e), (f), and (g) of such section are amended by striking 

3 ‘‘health care’’ each place it appears. 

4 (c) REPEAL OF FISCAL YEAR 2012 FREESTANDING

5 DESIGNATION.—Section 643 of the National Defense Au6 thorization Act for Fiscal Year 2012 (Public Law 112– 

7 81; 125 Stat. 1466) is repealed. 

8 SEC. 644. PURCHASE OF SUSTAINABLE PRODUCTS, LOCAL 

9 FOOD PRODUCTS, AND RECYCLABLE MATE10 RIALS FOR RESALE IN COMMISSARY AND EX11 CHANGE STORE SYSTEMS. 

12 (a) IMPROVED PURCHASING EFFORTS.—Section 

13 2481(c) of title 10, United States Code, is amended by 

14 adding at the end the following new paragraph: 

15 ‘‘(3)(A) The governing body established pursuant to 

16 paragraph (2) shall endeavor to increase the purchase for 

17 resale at commissary stores and exchange stores of sus18 tainable products, local food products, and recyclable ma19 terials. 

20 ‘‘(B) As part of its efforts under subparagraph (A), 

21 the governing body shall develop— 

22 ‘‘(i) guidelines for the identification of fresh 

23 meat, poultry, seafood, and fish, fresh produce, and 

24 other products raised or produced through sustain25 able methods; and 


smartinez on DSK6TPTVN1PROD with BILLS
310 

HR 4310 RFS

1 ‘‘(ii) goals, applicable to all commissary stores 

2 and exchange stores world-wide, to maximize, to the 

3 maximum extent practical, the purchase of sustain4 able products, local food products, and recyclable 

5 materials by September 30, 2017.’’. 

6 (b) DEADLINE FOR ESTABLISHMENT AND GUIDE7 LINES.—The initial guidelines required by paragraph 

8 (3)(B)(i) of section 2481(c) of title 10, United States 

9 Code, as added by subsection (a), shall be issued not later 

10 than two years after the date of the enactment of this Act. 

11 Subtitle F—Disability, Retired Pay, 

12 and Survivor Benefits 

13 SEC. 651. REPEAL OF REQUIREMENT FOR PAYMENT OF 

14 SURVIVOR BENEFIT PLAN PREMIUMS WHEN 

15 PARTICIPANT WAIVES RETIRED PAY TO PRO16 VIDE A SURVIVOR ANNUITY UNDER FEDERAL 

17 EMPLOYEES RETIREMENT SYSTEM AND TER18 MINATING PAYMENT OF THE SURVIVOR BEN19 EFIT PLAN ANNUITY. 

20 (a) DEPOSITS NOT REQUIRED.—Section 1452(e) of 

21 title 10, United States Code, is amended— 

22 (1) in the subsection heading, by inserting 

23 ‘‘AND FERS’’ after ‘‘CSRS’’; 

24 (2) by inserting ‘‘or chapter 84 of such title,’’ 

25 after ‘‘chapter 83 of title 5’’; 


smartinez on DSK6TPTVN1PROD with BILLS
311 

HR 4310 RFS

1 (3) by inserting ‘‘or 8416(a)’’ after ‘‘8339(j)’’; 

2 and 

3 (4) by inserting ‘‘or 8442(a)’’ after ‘‘8341(b)’’. 

4 (b) CONFORMING AMENDMENTS.—Section 1450(d) 

5 of such title is amended— 

6 (1) by inserting ‘‘or chapter 84 of such title’’ 

7 after ‘‘chapter 83 of title 5’’; 

8 (2) by inserting ‘‘or 8416(a)’’ after ‘‘8339(j)’’; 

9 and 

10 (3) by inserting ‘‘or 8442(a)’’ after ‘‘8341(b)’’. 

11 (c) APPLICATION OF AMENDMENTS.—The amend12 ments made by this section shall apply with respect to any 

13 participant electing a annuity for survivors under chapter 

14 84 of title 5, United States Code, on or after the date 

15 of the enactment of this Act. 

16 Subtitle G—Other Matters 

17 SEC. 661. CONSISTENT DEFINITION OF DEPENDENT FOR 

18 PURPOSES OF APPLYING LIMITATIONS ON 

19 TERMS OF CONSUMER CREDIT EXTENDED TO 

20 CERTAIN MEMBERS OF THE ARMED FORCES 

21 AND THEIR DEPENDENTS. 

22 Paragraph (2) of section 987(i) of title 10, United 

23 States Code, is amended to read as follows: 

24 ‘‘(2) DEPENDENT.—The term ‘dependent’, with 

25 respect to a covered member, means a person deVerDate Mar 15 2010 01:00 Jun 20, 2012 Jkt 019200 PO 00000 Frm 00311 Fmt 6652 Sfmt 6201 E:\BILLS\H4310.RFS H4310

smartinez on DSK6TPTVN1PROD with BILLS
312 

HR 4310 RFS

1 scribed in subparagraph (A), (D), (E), or (I) of sec2 tion 1072(2) of this title.’’. 

3 SEC. 662. LIMITATION ON REDUCTION IN NUMBER OF MILI4 TARY AND CIVILIAN PERSONNEL ASSIGNED 

5 TO DUTY WITH SERVICE REVIEW AGENCIES. 

6 Section 1559(a) of title 10, United States Code, is 

7 amended by striking ‘‘December 31, 2013’’ and inserting 

8 ‘‘December 31, 2016’’. 

9 SEC. 663. EQUAL TREATMENT FOR MEMBERS OF COAST 

10 GUARD RESERVE CALLED TO ACTIVE DUTY 

11 UNDER TITLE 14, UNITED STATES CODE. 

12 (a) INCLUSION IN DEFINITION OF CONTINGENCY OP13 ERATION.—Section 101(a)(13)(B) of title 10, United 

14 States Code, is amended by inserting ‘‘section 712 of title 

15 14,’’ after ‘‘chapter 15 of this title,’’. 

16 (b) CREDIT OF SERVICE TOWARDS REDUCTION OF

17 ELIGIBILITY AGE FOR RECEIPT OF RETIRED PAY FOR

18 NON-REGULAR SERVICE.—Section 12731(f)(2)(B) of title 

19 10, United States Code, is amended by adding at the end 

20 the following new clause: 

21 ‘‘(iv) Service on active duty described in this subpara22 graph is also service on active duty pursuant to a call or 

23 order to active duty authorized by the Secretary of Home24 land Security under section 712 of title 14 for purposes 


smartinez on DSK6TPTVN1PROD with BILLS
313 

HR 4310 RFS

1 of emergency augmentation of the Regular Coast Guard 

2 forces.’’. 

3 (c) POST 9/11 EDUCATIONAL ASSISTANCE.—Section 

4 3301(1)(B) of title 38, United States Code, is amended 

5 by inserting ‘‘or section 712 of title 14’’ after ‘‘title 10’’. 

6 (d) RETROACTIVE APPLICATION OF AMENDMENTS.— 

7 (1) INCLUSION OF PRIOR ORDERS.—The 

8 amendments made by this section shall apply to any 

9 call or order to active duty authorized by the Sec10 retary of Homeland Security under section 712 of 

11 title 14, United States Code, on or after April 19, 

12 2010. 

13 (2) CREDIT FOR PRIOR SERVICE.—The amend14 ments made by this section shall be deemed to have 

15 been enacted on April 19, 2010, for purposes of ap16 plying the amendments to the following provisions of 

17 law: 

18 (A) Section 5538 of title 5, United States 

19 Code, relating to nonreduction in pay. 

20 (B) Section 701 of title 10, United States 

21 Code, relating to the accumulation and reten22 tion of leave. 

23 (C) Section 12731 of title 10, United 

24 States Code, relating to age and service requireVerDate Mar 15 2010 01:00 Jun 20, 2012 Jkt 019200 PO 00000 Frm 00313 Fmt 6652 Sfmt 6201 E:\BILLS\H4310.RFS H4310

smartinez on DSK6TPTVN1PROD with BILLS
314 

HR 4310 RFS

1 ments for receipt of retired pay for non-regular 

2 service. 

3 SEC. 664. MORTGAGE PROTECTION FOR MEMBERS OF THE 

4 ARMED FORCES, SURVIVING SPOUSES, AND 

5 CERTAIN VETERANS. 

6 (a) MORTGAGE PROTECTION.— 

7 (1) IN GENERAL.—Section 303 of the 

8 Servicemembers Civil Relief Act (50 U.S.C. App. 

9 533) is amended to read as follows: 

10 ‘‘SEC. 303. MORTGAGES AND TRUST DEEDS. 

11 ‘‘(a) MORTGAGE AS SECURITY.—This section applies 

12 only to an obligation on real or personal property that is 

13 secured by a mortgage, trust deed, or other security in 

14 the nature of a mortgage and is owned by a covered indi15 vidual as follows: 

16 ‘‘(1) With respect to an obligation on real or 

17 personal property owned by a servicemember, such 

18 obligation that originated before the period of the 

19 servicemember’s military service and for which the 

20 servicemember is still obligated. 

21 ‘‘(2) With respect to an obligation on real prop22 erty owned by a servicemember serving in support of 

23 a contingency operation (as defined in section 

24 101(a)(13) of title 10, United States Code), such obVerDate Mar 15 2010 01:00 Jun 20, 2012 Jkt 019200 PO 00000 Frm 00314 Fmt 6652 Sfmt 6201 E:\BILLS\H4310.RFS H4310

smartinez on DSK6TPTVN1PROD with BILLS
315 

HR 4310 RFS

1 ligation that originated at any time and for which 

2 the servicemember is still obligated. 

3 ‘‘(3) With respect to an obligation on real prop4 erty owned by a veteran described in subsection 

5 (f)(1)(B), such obligation that originated at any 

6 time and for which the veteran is still obligated. 

7 ‘‘(4) With respect to an obligation on real prop8 erty owned by a surviving spouse described in sub9 section (f)(1)(C), such obligation that originated at 

10 any time and for which the spouse is still obligated. 

11 ‘‘(b) STAY OF PROCEEDINGS AND ADJUSTMENT OF

12 OBLIGATION.—(1) In an action filed during a covered 

13 time period to enforce an obligation described in sub14 section (a), the court may after a hearing and on its own 

15 motion and shall upon application by a covered individual 

16 when the individual’s ability to comply with the obligation 

17 is materially affected by military service— 

18 ‘‘(A) stay the proceedings for a period of time 

19 as justice and equity require, or 

20 ‘‘(B) adjust the obligation to preserve the inter21 ests of all parties. 

22 ‘‘(2) For purposes of applying paragraph (1) to a cov23 ered individual who is a surviving spouse of a servicemem24 ber described in subsection (f)(1)(C), the term ‘military 

25 service’ means the service of such servicemember. 


smartinez on DSK6TPTVN1PROD with BILLS
316 

HR 4310 RFS

1 ‘‘(c) SALE OR FORECLOSURE.—A sale, foreclosure, or 

2 seizure of property for a breach of an obligation described 

3 in subsection (a) shall not be valid during a covered time 

4 period except— 

5 ‘‘(1) upon a court order granted before such 

6 sale, foreclosure, or seizure with a return made and 

7 approved by the court; or 

8 ‘‘(2) if made pursuant to an agreement as pro9 vided in section 107. 

10 ‘‘(d) MISDEMEANOR.—A person who knowingly 

11 makes or causes to be made a sale, foreclosure, or seizure 

12 of property that is prohibited by subsection (c), or who 

13 knowingly attempts to do so, shall be fined as provided 

14 in title 18, United States Code, or imprisoned for not more 

15 than one year, or both. 

16 ‘‘(e) PROOF OF SERVICE.—(1) A veteran described 

17 in subsection (f)(1)(B) shall provide documentation de18 scribed in paragraph (2) to relevant persons to prove the 

19 eligibility of the veteran to be covered under this section. 

20 ‘‘(2) Documentation described in this paragraph is a 

21 rating decision or a letter from the Department of Vet22 erans Affairs that confirms that the veteran is totally dis23 abled because of one or more service-connected injuries or 

24 service-connected disability conditions. 

25 ‘‘(f) DEFINITIONS.—In this section: 


smartinez on DSK6TPTVN1PROD with BILLS
317 

HR 4310 RFS

1 ‘‘(1) The term ‘covered individual’ means the 

2 following individuals: 

3 ‘‘(A) A servicemember. 

4 ‘‘(B) A veteran who was retired under 

5 chapter 61 of title 10, United States Code, and 

6 whom the Secretary of Veterans Affairs, at the 

7 time of such retirement, determines is a totally 

8 disabled veteran. 

9 ‘‘(C) A surviving spouse of a servicemem10 ber who— 

11 ‘‘(i) died while serving in support of a 

12 contingency operation if such spouse is the 

13 successor in interest to property covered 

14 under subsection (a); or 

15 ‘‘(ii) died while in military service and 

16 whose death is service-connected if such 

17 spouse is the successor in interest to prop18 erty covered under subsection (a). 

19 ‘‘(2) The term ‘covered time period’ means the 

20 following time periods: 

21 ‘‘(A) With respect to a servicemember, 

22 during the period beginning on the date on 

23 which such servicemember begins military serv24 ice and ending on the date that is 12 months 


smartinez on DSK6TPTVN1PROD with BILLS
318 

HR 4310 RFS

1 after the date on which such servicemember is 

2 discharged from such service. 

3 ‘‘(B) With respect to a servicemember 

4 serving in support of a contingency operation, 

5 during the period beginning on the date of the 

6 military orders for such service and ending on 

7 the date that is 12 months after the date on 

8 which such servicemember redeploys from such 

9 contingency operation. 

10 ‘‘(C) With respect to a veteran described in 

11 subsection (f)(1)(B), during the 12-month pe12 riod beginning on the date of the retirement of 

13 such veteran described in such subsection. 

14 ‘‘(D) With respect to a surviving spouse of 

15 a servicemember described in subsection 

16 (f)(1)(C), during the 12-month period begin17 ning on the date of the death of the service18 member.’’. 

19 (2) CONFORMING AMENDMENT.—Section 107 

20 of the Servicemembers Civil Relief Act (50 U.S.C. 

21 App. 517) is amended by adding at the end the fol22 lowing: 

23 ‘‘(e) OTHER INDIVIDUALS.—For purposes of this sec24 tion, the term ‘servicemember’ includes any covered indi25 vidual under section 303(f)(1).’’. 


smartinez on DSK6TPTVN1PROD with BILLS
319 

HR 4310 RFS

1 (3) REPEAL OF SUNSET.—Subsection (c) of 

2 section 2203 of the Housing and Economic Recovery 

3 Act of 2008 (Public Law 110–289; 50 U.S.C. App. 

4 533 note) is amended to read as follows: 

5 ‘‘(c) EFFECTIVE DATE.—The amendments made by 

6 subsection (a) shall take effect on the date of the enact7 ment of this Act.’’. 

8 (b) INCREASED CIVIL PENALTIES FOR MORTGAGE

9 VIOLATIONS.—Paragraph (3) of section 801(b) of the 

10 Servicemembers Civil Relief Act (50 U.S.C. App. 

11 597(b)(3)) is amended to read as follows: 

12 ‘‘(3) to vindicate the public interest, assess a 

13 civil penalty— 

14 ‘‘(A) with respect to a violation of section 

15 303 regarding real property— 

16 ‘‘(i) in an amount not exceeding 

17 $110,000 for a first violation; and 

18 ‘‘(ii) in an amount not exceeding 

19 $220,000 for any subsequent violation; and 

20 ‘‘(B) with respect to any other violation of 

21 this Act— 

22 ‘‘(i) in an amount not exceeding 

23 $55,000 for a first violation; and 

24 ‘‘(ii) in an amount not exceeding 

25 $110,000 for any subsequent violation.’’. 


smartinez on DSK6TPTVN1PROD with BILLS
320 

HR 4310 RFS

1 (c) CREDIT DISCRIMINATION.—Section 108 of such 

2 Act (50 U.S.C. App. 518) is amended— 

3 (1) by striking ‘‘Application by’’ and inserting 

4 ‘‘(a) Application by’’; and 

5 (2) by adding at the end the following new sub6 section: 

7 ‘‘(b) In addition to the protections under subsection 

8 (a), an individual who is eligible, or who may likely become 

9 eligible, for any provision of this Act may not be denied 

10 or refused credit or be subject to any other action de11 scribed under paragraphs (1) through (6) of subsection 

12 (a) solely by reason of such eligibility.’’. 

13 (d) REQUIREMENTS FOR LENDING INSTITUTIONS

14 THAT ARE CREDITORS FOR OBLIGATIONS AND LIABIL15 ITIES COVERED BY THE SERVICEMEMBERS CIVIL RELIEF

16 ACT.—Section 207 of the Servicemembers Civil Relief Act 

17 (50 U.S.C. App. 527) is amended— 

18 (1) by redesignating subsections (d) and (e) as 

19 subsections (e) and (f), respectively; and 

20 (2) by inserting after subsection (c) the fol21 lowing new subsection (d): 

22 ‘‘(d) LENDING INSTITUTION REQUIREMENTS.— 

23 ‘‘(1) COMPLIANCE OFFICERS.—Each lending in24 stitution subject to the requirements of this section 

25 shall designate an employee of the institution as a 


smartinez on DSK6TPTVN1PROD with BILLS
321 

HR 4310 RFS

1 compliance officer who is responsible for ensuring 

2 the institution’s compliance with this section and for 

3 distributing information to servicemembers whose 

4 obligations and liabilities are covered by this section. 

5 ‘‘(2) TOLL-FREE TELEPHONE NUMBER.—Dur6 ing any fiscal year, a lending institution subject to 

7 the requirements of this section that had annual as8 sets for the preceding fiscal year of $10,000,000,000 

9 or more shall maintain a toll-free telephone number 

10 and shall make such telephone number available on 

11 the primary Internet Web site of the institution.’’. 

12 SEC. 665. STUDY ON ISSUING IDENTIFICATION CARDS TO 

13 CERTAIN MEMBERS UPON DISCHARGE. 

14 (a) STUDY.—The Secretary of Defense shall conduct 

15 a study assessing the feasibility of issuing to a covered 

16 member an identification card that would— 

17 (1) provide such member with a convenient 

18 method of summarizing the DD–214 form or other 

19 official document from the official military personnel 

20 file of the member; and 

21 (2) not serve as proof of any benefits to which 

22 the member may be entitled to. 

23 (b) MATTERS INCLUDED.—The study conducted 

24 under subsection (a) shall address the following: 


smartinez on DSK6TPTVN1PROD with BILLS
322 

HR 4310 RFS

1 (1) The information to be included on the iden2 tification card. 

3 (2) Whether the Secretary should issue such 

4 card— 

5 (A) to each covered member; or 

6 (B) to a covered member upon request. 

7 (3) If the card were to be issued to each cov8 ered member, the estimated cost of such issuance. 

9 (4) If the card were to be issued upon the re10 quest of a covered member, whether the Secretary 

11 should charge such member a fee for such card, in12 cluding the amount of such fee. 

13 (c) REPORT.—Not later than one year after the date 

14 of the enactment of this Act, the Secretary shall submit 

15 to the congressional defense committees a report on the 

16 study conducted under subsection (a). 

17 (d) COVERED MEMBER.—In this section, the term 

18 ‘‘covered member’’ means a member of the Armed Forces 

19 who— 

20 (1) is expected to be discharged— 

21 (A) after the completion of the service obli22 gation of the member; and 

23 (B) under conditions other than dishonor24 able; 


smartinez on DSK6TPTVN1PROD with BILLS
323 

HR 4310 RFS

1 (2) is expected to be issued a DD Form 214 

2 Certificate of Release or Discharge from Active 

3 Duty; and 

4 (3) after such discharge, would not otherwise be 

5 issued an identification card by the Department of 

6 Defense or the Department of Veterans Affairs. 

7 TITLE VII—HEALTH CARE 

8 PROVISIONS 

9 Subtitle A—Improvements to 

10 Health Benefits 

11 SEC. 701. SENSE OF CONGRESS ON NONMONETARY CON12 TRIBUTIONS TO HEALTH CARE BENEFITS 

13 MADE BY CAREER MEMBERS OF THE ARMED 

14 FORCES AND THEIR FAMILIES. 

15 It is the sense of Congress that— 

16 (1) career members of the uniformed services 

17 and their families endure unique and extraordinary 

18 demands and make extraordinary sacrifices over the 

19 course of a 20- to 30-year career in protecting free20 dom for all Americans; and 

21 (2) those decades of sacrifice constitute a sig22 nificant pre-paid premium for health care during a 

23 career member’s retirement that is over and above 

24 what the member pays with money. 


smartinez on DSK6TPTVN1PROD with BILLS
324 

HR 4310 RFS

1 SEC. 702. EXTENSION OF TRICARE STANDARD COVERAGE 

2 AND TRICARE DENTAL PROGRAM FOR MEM3 BERS OF THE SELECTED RESERVE WHO ARE 

4 INVOLUNTARILY SEPARATED. 

5 (a) TRICARE STANDARD COVERAGE.—Section 

6 1076d(b) of title 10, United States Code, is amended— 

7 (1) by striking ‘‘Eligibility’’ and inserting ‘‘(1) 

8 Except as provided in paragraph (2), eligibility’’; 

9 and 

10 (2) by adding at the end the following new 

11 paragraph: 

12 ‘‘(2) During the period beginning on the earlier of 

13 the date of the enactment of the National Defense Author14 ization Act for Fiscal Year 2013 or October 1, 2012, and 

15 ending December 31, 2018, eligibility for a member under 

16 this section who is involuntarily separated from the Se17 lected Reserve under other than adverse conditions, as 

18 characterized by the Secretary concerned, shall terminate 

19 180 days after the date on which the member is sepa20 rated.’’. 

21 (b) TRICARE DENTAL COVERAGE.—Section 

22 1076a(a)(1) of such title is amended by adding at the end 

23 the following new sentence: ‘‘During the period beginning 

24 on the earlier of the date of the enactment of the National 

25 Defense Authorization Act for Fiscal Year 2013 or Octo26 ber 1, 2012, and ending December 31, 2018, such plan 


smartinez on DSK6TPTVN1PROD with BILLS
325 

HR 4310 RFS

1 shall provide that coverage for a member of the Selected 

2 Reserve who is involuntarily separated from the Selected 

3 Reserve under other than adverse conditions, as character4 ized by the Secretary concerned, shall not terminate ear5 lier than 180 days after the date on which the member 

6 is separated.’’. 

7 SEC. 703. MEDICAL AND DENTAL CARE CONTRACTS FOR 

8 CERTAIN MEMBERS OF THE NATIONAL 

9 GUARD. 

10 (a) STANDARDS.—The Secretary of Defense shall en11 sure that each individual who receives medical or dental 

12 care under a covered contract meets the standards of med13 ical and dental readiness of the Secretary upon the mobili14 zation of the individual. 

15 (b) COVERED CONTRACT DEFINED.—In this section, 

16 the term ‘‘covered contract’’ means a contract entered into 

17 by the National Guard of a State to provide medical or 

18 dental care to the members of such National Guard to en19 sure that the members meet applicable standards of med20 ical and dental readiness. 

21 SEC. 704. CERTAIN TREATMENT OF AUTISM UNDER 

22 TRICARE. 

23 (a) IN GENERAL.—Section 1077 of title 10, United 

24 States Code, is amended by adding at the end the fol25 lowing new subsection: 


smartinez on DSK6TPTVN1PROD with BILLS
326 

HR 4310 RFS

1 ‘‘(g)(1) In providing health care under subsection (a) 

2 to a covered beneficiary described in paragraph (3)(A), the 

3 treatment of autism spectrum disorders shall include be4 havioral health treatment, including applied behavior anal5 ysis, when prescribed by a physician. 

6 ‘‘(2) In carrying out this subsection, the Secretary 

7 shall ensure that— 

8 ‘‘(A) except as provided by subparagraph (B), 

9 a person who is authorized to provide behavioral 

10 health treatment is licensed or certified by a State 

11 or accredited national certification board; and 

12 ‘‘(B) if applied behavior analysis or other be13 havioral health treatment is provided by an employee 

14 or contractor of a person described in subparagraph 

15 (A), the employee or contractor shall meet minimum 

16 qualifications, training, and supervision require17 ments as set forth by the Secretary. 

18 ‘‘(3)(A) A covered beneficiary described in this sub19 paragraph is a covered beneficiary who is a beneficiary by 

20 virtue of— 

21 ‘‘(i) service in the armed forces (not including 

22 the Coast Guard); or 

23 ‘‘(ii) being a dependent of a member of the 

24 armed forces (not including the Coast Guard). 


smartinez on DSK6TPTVN1PROD with BILLS
327 

HR 4310 RFS

1 ‘‘(B) Nothing in this subsection shall be construed 

2 as limiting or otherwise affecting the benefits otherwise 

3 provided under this chapter to a covered beneficiary who 

4 is a beneficiary by virtue of— 

5 ‘‘(i) service in the Coast Guard, the Commis6 sioned Corp of the National Oceanic and Atmos7 pheric Administration, or the Commissioned Corp of 

8 the Public Health Service; or 

9 ‘‘(ii) being a dependent of a member of a serv10 ice described in clause (i). 

11 ‘‘(C) This subsection shall not apply to a medicare12 eligible beneficiary (as defined in section 1111(b) of this 

13 title). 

14 ‘‘(D) Except as provided in subparagraph (C), noth15 ing in this subsection shall be construed as limiting or oth16 erwise affecting the benefits provided to a medicare-eligi17 ble beneficiary under— 

18 ‘‘(i) this chapter; 

19 ‘‘(ii) part A of title XVIII of the Social Security 

20 Act (42 U.S.C. 1395c et seq.); or 

21 ‘‘(iii) any other law.’’. 

22 (b) FUNDING.— 

23 (1) INCREASE.—Notwithstanding the amounts 

24 set forth in the funding tables in division D, the 

25 amount authorized to be appropriated in section 


smartinez on DSK6TPTVN1PROD with BILLS
328 

HR 4310 RFS

1 1406 for the Defense Health Program, as specified 

2 in the corresponding funding table in section 4501, 

3 for Private Sector Care is hereby increased by 

4 $30,000,000. 

5 (2) OFFSET.—Notwithstanding the amounts set 

6 forth in the funding tables in division D, the amount 

7 authorized to be appropriated in section 4201 for 

8 Research, Development, Test and Evaluation, Army, 

9 as specified in the corresponding funding table in di10 vision D, is hereby reduced by $30,000,000, to be 

11 derived as follows: 

12 (A) $21,000,000 from the Aerostat Joint 

13 Project Office. 

14 (B) $9,000,000 from Endurance UAVs. 

15 SEC. 705. MENTAL HEALTH ASSESSMENTS FOR MEMBERS 

16 OF THE ARMED FORCES. 

17 (a) IN GENERAL.—Section 1074m of title 10, United 

18 States Code, is amended— 

19 (1) in subsection (a)(1)— 

20 (A) by redesignating subparagraph (B) 

21 and (C) as subparagraph (C) and (D), respec22 tively; and 

23 (B) by inserting after subparagraph (A) 

24 the following: 


smartinez on DSK6TPTVN1PROD with BILLS
329 

HR 4310 RFS

1 ‘‘(B) Once during each 180-day period during 

2 which a member is deployed.’’; and 

3 (2) in subsection (c)(1)(A)— 

4 (A) in clause (i), by striking ‘‘; and’’ and 

5 inserting a semicolon; 

6 (B) by redesignating clause (ii) as clause 

7 (iii); and 

8 (C) by inserting after clause (i) the fol9 lowing: 

10 ‘‘(ii) by personnel in deployed units whose 

11 responsibilities include providing unit health 

12 care services if such personnel are available and 

13 the use of such personnel for the assessments 

14 would not impair the capacity of such personnel 

15 to perform higher priority tasks; and’’. 

16 (b) CONFORMING AMENDMENT.—Section 

17 1074m(a)(2) of title 10, United States Code, is amended 

18 by striking ‘‘subparagraph (B) and (C)’’ and inserting 

19 ‘‘subparagraph (C) and (D)’’. 

20 Subtitle B—Health Care 

21 Administration 

22 SEC. 711. UNIFIED MEDICAL COMMAND. 

23 (a) UNIFIED COMBATANT COMMAND.— 


smartinez on DSK6TPTVN1PROD with BILLS
330 

HR 4310 RFS

1 (1) IN GENERAL.—Chapter 6 of title 10, United 

2 States Code, is amended by inserting after section 

3 167a the following new section: 

4 ‘‘§ 167b. Unified combatant command for medical op5 erations 

6 ‘‘(a) ESTABLISHMENT.—With the advice and assist7 ance of the Chairman of the Joint Chiefs of Staff, the 

8 President, through the Secretary of Defense, shall estab9 lish under section 161 of this title a unified command for 

10 medical operations (in this section referred to as the ‘uni11 fied medical command’). The principal function of the 

12 command is to provide medical services to the armed 

13 forces and other health care beneficiaries of the Depart14 ment of Defense as defined in chapter 55 of this title. 

15 ‘‘(b) ASSIGNMENT OF FORCES.—In establishing the 

16 unified medical command under subsection (a), all active 

17 military medical treatment facilities, training organiza18 tions, and research entities of the armed forces shall be 

19 assigned to such unified command, unless otherwise di20 rected by the Secretary of Defense. 

21 ‘‘(c) GRADE OF COMMANDER.—The commander of 

22 the unified medical command shall hold the grade of gen23 eral or, in the case of an officer of the Navy, admiral while 

24 serving in that position, without vacating his permanent 

25 grade. The commander of such command shall be apVerDate Mar 15 2010 01:00 Jun 20, 2012 Jkt 019200 PO 00000 Frm 00330 Fmt 6652 Sfmt 6201 E:\BILLS\H4310.RFS H4310

smartinez on DSK6TPTVN1PROD with BILLS
331 

HR 4310 RFS

1 pointed to that grade by the President, by and with the 

2 advice and consent of the Senate, for service in that posi3 tion. The commander of such command shall be a member 

4 of a health profession described in paragraph (1), (2), (3), 

5 (4), (5), or (6) of section 335(j) of title 37. During the 

6 five-year period beginning on the date on which the Sec7 retary establishes the command under subsection (a), the 

8 commander of such command shall be exempt from the 

9 requirements of section 164(a)(1) of this title. 

10 ‘‘(d) SUBORDINATE COMMANDS.—(1) The unified 

11 medical command shall have the following subordinate 

12 commands: 

13 ‘‘(A) A command that includes all fixed military 

14 medical treatment facilities, including elements of 

15 the Department of Defense that are combined, oper16 ated jointly, or otherwise operated in such a manner 

17 that a medical facility of the Department of Defense 

18 is operating in or with a medical facility of another 

19 department or agency of the United States. 

20 ‘‘(B) A command that includes all medical 

21 training, education, and research and development 

22 activities that have previously been unified or com23 bined, including organizations that have been des24 ignated as a Department of Defense executive agent. 


smartinez on DSK6TPTVN1PROD with BILLS
332 

HR 4310 RFS

1 ‘‘(C) The Defense Health Agency established 

2 under subsection (f). 

3 ‘‘(2) The commander of a subordinate command of 

4 the unified medical command shall hold the grade of lieu5 tenant general or, in the case of an officer of the Navy, 

6 vice admiral while serving in that position, without 

7 vacating his permanent grade. The commander of such a 

8 subordinate command shall be appointed to that grade by 

9 the President, by and with the advice and consent of the 

10 Senate, for service in that position. The commander of 

11 such a subordinate command shall also be required to be 

12 a surgeon general of one of the military departments. 

13 ‘‘(e) AUTHORITY OF COMBATANT COMMANDER.—(1) 

14 In addition to the authority prescribed in section 164(c) 

15 of this title, the commander of the unified medical com16 mand shall be responsible for, and shall have the authority 

17 to conduct, all affairs of such command relating to medical 

18 operations activities. 

19 ‘‘(2) The commander of such command shall be re20 sponsible for, and shall have the authority to conduct, the 

21 following functions relating to medical operations activities 

22 (whether or not relating to the unified medical command): 

23 ‘‘(A) Developing programs and doctrine. 

24 ‘‘(B) Preparing and submitting to the Secretary 

25 of Defense program recommendations and budget 


smartinez on DSK6TPTVN1PROD with BILLS
333 

HR 4310 RFS

1 proposals for the forces described in subsection (b) 

2 and for other forces assigned to the unified medical 

3 command. 

4 ‘‘(C) Exercising authority, direction, and con5 trol over the expenditure of funds— 

6 ‘‘(i) for forces assigned to the unified med7 ical command; 

8 ‘‘(ii) for the forces described in subsection 

9 (b) assigned to unified combatant commands 

10 other than the unified medical command to the 

11 extent directed by the Secretary of Defense; 

12 and 

13 ‘‘(iii) for military construction funds of the 

14 Defense Health Program. 

15 ‘‘(D) Training assigned forces. 

16 ‘‘(E) Conducting specialized courses of instruc17 tion for commissioned and noncommissioned officers. 

18 ‘‘(F) Validating requirements. 

19 ‘‘(G) Establishing priorities for requirements. 

20 ‘‘(H) Ensuring the interoperability of equip21 ment and forces. 

22 ‘‘(I) Monitoring the promotions, assignments, 

23 retention, training, and professional military edu24 cation of medical officers described in paragraph (1), 

25 (2), (3), (4), (5), or (6) of section 335(j) of title 37. 


smartinez on DSK6TPTVN1PROD with BILLS
334 

HR 4310 RFS

1 ‘‘(3) The commander of such command shall be re2 sponsible for the Defense Health Program, including the 

3 Defense Health Program Account established under sec4 tion 1100 of this title. 

5 ‘‘(f) DEFENSE HEALTH AGENCY.—(1) In estab6 lishing the unified medical command under subsection (a), 

7 the Secretary shall also establish under section 191 of this 

8 title a defense agency for health care (in this section re9 ferred to as the ‘Defense Health Agency’), and shall trans10 fer to such agency the organization of the Department of 

11 Defense referred to as the TRICARE Management Activ12 ity and all functions of the TRICARE Program (as de13 fined in section 1072(7)). 

14 ‘‘(2) The director of the Defense Health Agency shall 

15 hold the rank of lieutenant general or, in the case of an 

16 officer of the Navy, vice admiral while serving in that posi17 tion, without vacating his permanent grade. The director 

18 of such agency shall be appointed to that grade by the 

19 President, by and with the advice and consent of the Sen20 ate, for service in that position. The director of such agen21 cy shall be a member of a health profession described in 

22 paragraph (1), (2), (3), (4), (5), or (6) of section 335(j) 

23 of title 37. 

24 ‘‘(g) REGULATIONS.—In establishing the unified 

25 medical command under subsection (a), the Secretary of 


smartinez on DSK6TPTVN1PROD with BILLS
335 

HR 4310 RFS

1 Defense shall prescribe regulations for the activities of the 

2 unified medical command.’’. 

3 (2) CLERICAL AMENDMENT.—The table of sec4 tions at the beginning of such chapter is amended 

5 by inserting after the item relating to section 167a 

6 the following new item: 

‘‘167b. Unified combatant command for medical operations.’’. 

7 (b) PLAN, NOTIFICATION, AND REPORT.— 

8 (1) PLAN.—Not later than July 1, 2013, the 

9 Secretary of Defense shall submit to the congres10 sional defense committees a comprehensive plan to 

11 establish the unified medical command authorized 

12 under section 167b of title 10, United States Code, 

13 as added by subsection (a), including any legislative 

14 actions the Secretary considers necessary to imple15 ment the plan. 

16 (2) NOTIFICATION.—The Secretary shall sub17 mit to the congressional defense committees written 

18 notification of the time line of the Secretary to es19 tablish the unified medical command under such sec20 tion 167b by not later than the date that is 30 days 

21 before establishing such command. 

22 (3) REPORT.—Not later than 180 days after 

23 submitting the notification under paragraph (2), the 

24 Secretary shall submit to the congressional defense 

25 committees a report on— 


smartinez on DSK6TPTVN1PROD with BILLS
336 

HR 4310 RFS

1 (A) the establishment of the unified med2 ical command; and 

3 (B) the establishment of the Defense 

4 Health Agency under subsection (f) of such sec5 tion 167b. 

6 SEC. 712. AUTHORITY FOR AUTOMATIC ENROLLMENT IN 

7 TRICARE PRIME OF DEPENDENTS OF MEM8 BERS IN PAY GRADES ABOVE PAY GRADE E– 

9 4. 

10 Subsection (a) of section 1097a of title 10, United 

11 States Code, is amended to read as follows: 

12 ‘‘(a) AUTOMATIC ENROLLMENT OF CERTAIN DE13 PENDENTS.—(1) In the case of a dependent of a member 

14 of the uniformed services who is entitled to medical and 

15 dental care under section 1076(a)(2)(A) of this title and 

16 resides in an area in which TRICARE Prime is offered, 

17 the Secretary— 

18 ‘‘(A) shall automatically enroll the dependent in 

19 TRICARE Prime if the member is in pay grade E– 

20 4 or below; and 

21 ‘‘(B) may automatically enroll the dependent in 

22 TRICARE Prime if the member is in pay grade E– 

23 5 or higher. 

24 ‘‘(2) Whenever a dependent of a member is enrolled 

25 in TRICARE Prime under paragraph (1), the Secretary 


smartinez on DSK6TPTVN1PROD with BILLS
337 

HR 4310 RFS

1 concerned shall provide written notice of the enrollment 

2 to the member. 

3 ‘‘(3) The enrollment of a dependent of the member 

4 may be terminated by the member or the dependent at 

5 any time.’’. 

6 SEC. 713. COOPERATIVE HEALTH CARE AGREEMENTS BE7 TWEEN THE MILITARY DEPARTMENTS AND 

8 NON-MILITARY HEALTH CARE ENTITIES. 

9 (a) AUTHORITY.—In addition to the authority of the 

10 Secretary of Defense under section 713 of the National 

11 Defense Authorization Act of 2010 (10 U.S.C. 1073 note), 

12 the Secretary of each military department may establish 

13 cooperative health care agreements between military in14 stallations and local or regional health care entities. 

15 (b) REQUIREMENTS.—In establishing an agreement 

16 under subsection (a), the Secretary concerned shall— 

17 (1) consult with— 

18 (A) representatives from the military in19 stallation selected for the agreement, including 

20 the TRICARE managed care support con21 tractor with responsibility for such installation; 

22 and 

23 (B) Federal, State, and local government 

24 officials; 


smartinez on DSK6TPTVN1PROD with BILLS
338 

HR 4310 RFS

1 (2) identify and analyze health care services 

2 available in the area in which the military installa3 tion is located, including such services available at a 

4 military medical treatment facility or in the private 

5 sector (or a combination thereof); 

6 (3) determine the cost avoidance or savings re7 sulting from innovative partnerships between the 

8 military department concerned and the private sec9 tor; and 

10 (4) determine the opportunities for and barriers 

11 to coordinating and leveraging the use of existing 

12 health care resources, including such resources of 

13 Federal, State, local, and private entities. 

14 (c) RULE OF CONSTRUCTION.—Nothing in this sec15 tion shall be construed as authorizing the provision of 

16 health care services at military medical treatment facilities 

17 or other facilities of the Department of Defense to individ18 uals who are not otherwise entitled or eligible for such 

19 services under chapter 55 of title 10, United States Code. 

20 (d) SECRETARY CONCERNED DEFINED.—In this sec21 tion, the term ‘‘Secretary concerned’’ has the meaning 

22 given that term in section 101(a)(9) of title 10, United 

23 States Code. 


smartinez on DSK6TPTVN1PROD with BILLS
339 

HR 4310 RFS

1 SEC. 714. REQUIREMENT TO ENSURE THE EFFECTIVENESS 

2 AND EFFICIENCY OF HEALTH ENGAGEMENTS. 

3 (a) IN GENERAL.—The Secretary of Defense, in co4 ordination with the Assistant Secretary of Defense for 

5 Health Affairs and the Uniformed Services University of 

6 the Health Sciences, shall develop a process to ensure that 

7 health engagements conducted by the Department of De8 fense are effective and efficient in meeting the national 

9 security goals of the United States. 

10 (b) PROCESS GOALS.—The Assistant Secretary of 

11 Defense for Health Affairs and the Uniformed Services 

12 University of the Health Sciences shall ensure that each 

13 process developed under subsection (a)— 

14 (1) assesses the operational mission capabilities 

15 of the health engagement; 

16 (2) uses the collective expertise of the Federal 

17 Government and non-governmental organizations to 

18 ensure collaboration and partnering activities; and 

19 (3) assesses the stability and resiliency of the 

20 host nation of such engagement. 

21 (c) PILOT PROGRAMS.—The Secretary of Defense, in 

22 coordination with the Uniformed Services University of 

23 Health Sciences, may conduct pilot programs to assess the 

24 effectiveness of any process developed under subsection (a) 

25 to ensure the applicability of the process to health engage26 ments conducted by the Department of Defense. 


smartinez on DSK6TPTVN1PROD with BILLS
340 

HR 4310 RFS

1 SEC. 715. CLARIFICATION OF APPLICABILITY OF FEDERAL 

2 TORT CLAIMS ACT TO SUBCONTRACTORS EM3 PLOYED TO PROVIDE HEALTH CARE SERV4 ICES TO THE DEPARTMENT OF DEFENSE. 

5 Section 1089(a) of title 10, United States Code, is 

6 amended in the last sentence— 

7 (1) by striking ‘‘if the physician, dentist, nurse, 

8 pharmacist, or paramedical’’ and inserting ‘‘to such 

9 a physician, dentist, nurse, pharmacist, or para10 medical’’; 

11 (2) by striking ‘‘involved is’’; and 

12 (3) by inserting before the period at the end the 

13 following: ‘‘or a subcontract at any tier under such 

14 a contract’’. 

15 SEC. 716. PILOT PROGRAM ON INCREASED THIRD-PARTY 

16 COLLECTION REIMBURSEMENTS IN MILI17 TARY MEDICAL TREATMENT FACILITIES. 

18 (a) PILOT PROGRAM.— 

19 (1) IN GENERAL.—The Secretary of Defense, in 

20 coordination with the Secretaries of the military de21 partments, shall carry out a pilot program to assess 

22 the feasibility of using processes described in para23 graph (2) to increase the amounts collected under 

24 section 1095 of title 10, United States Code, from 

25 a third-party payer for charges for health care servVerDate Mar 15 2010 01:00 Jun 20, 2012 Jkt 019200 PO 00000 Frm 00340 Fmt 6652 Sfmt 6201 E:\BILLS\H4310.RFS H4310

smartinez on DSK6TPTVN1PROD with BILLS
341 

HR 4310 RFS

1 ices incurred by the United States at a military 

2 medical treatment facility. 

3 (2) PROCESSES DESCRIBED.—The processes de4 scribed in this paragraph are revenue-cycle improve5 ment processes, including cash-flow management 

6 and accounts-receivable processes. 

7 (b) REQUIREMENTS.—In carrying out the pilot pro8 gram under subsection (a)(1), the Secretary shall— 

9 (1) identify and analyze the best practice op10 tions with respect to the processes described in sub11 section (a)(2) that are used in nonmilitary health 

12 care facilities; and 

13 (2) conduct a cost-benefit analysis to assess the 

14 pilot program, including an analysis of— 

15 (A) the different processes used in the 

16 pilot program; 

17 (B) the amount of third-party collections 

18 that resulted from such processes; 

19 (C) the cost to implement and sustain such 

20 processes; and 

21 (D) any other factors the Secretary deter22 mines appropriate to assess the pilot program. 

23 (c) LOCATIONS.—The Secretary shall carry out the 

24 pilot program under subsection (a)(1) at not less than two 


smartinez on DSK6TPTVN1PROD with BILLS
342 

HR 4310 RFS

1 military installations of different military departments 

2 that meet the following criteria: 

3 (1) There is a military medical treatment facil4 ity that has inpatient and outpatient capabilities at 

5 the installation. 

6 (2) At least 40 percent of the military bene7 ficiary population residing in the catchment area 

8 surrounding the installation is potentially covered by 

9 a third-party payer (as defined in section 1095(h)(1) 

10 of title 10, United States Code). 

11 (d) DURATION.—The Secretary shall commence the 

12 pilot program under subsection (a)(1) by not later than 

13 270 days after the date of the enactment of this Act and 

14 shall carry out such program for three years. 

15 (e) REPORT.—Not later than 180 days after com16 pleting the pilot program under subsection (a)(1), the Sec17 retary shall submit to the congressional defense commit18 tees a report describing the results of the program, includ19 ing— 

20 (1) a comparison of— 

21 (A) the processes described in subsection 

22 (a)(2) that were used in the military medical 

23 treatment facilities participating in the pro24 gram; and 


smartinez on DSK6TPTVN1PROD with BILLS
343 

HR 4310 RFS

1 (B) the third-party collection processes 

2 used by military medical treatment facilities not 

3 included in the program; 

4 (2) a cost analysis of implementing the proc5 esses described in subsection (a)(2) for third-party 

6 collections at military medical treatment facilities; 

7 and 

8 (3) an assessment of the program, including 

9 any recommendations to improve third-party collec10 tions. 

11 SEC. 717. PILOT PROGRAM FOR REFILLS OF MAINTENANCE 

12 MEDICATIONS FOR TRICARE FOR LIFE BENE13 FICIARIES THROUGH THE TRICARE MAIL14 ORDER PHARMACY PROGRAM. 

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

16 conduct a pilot program to refill prescription maintenance 

17 medications for each TRICARE for Life beneficiary 

18 through the national mail-order pharmacy program under 

19 section 1074g(a)(2)(E)(iii) of title 10, United States 

20 Code. 

21 (b) MEDICATIONS COVERED.— 

22 (1) DETERMINATION.—The Secretary shall de23 termine the prescription maintenance medications 

24 included in the pilot program under subsection (a). 


smartinez on DSK6TPTVN1PROD with BILLS
344 

HR 4310 RFS

1 (2) SUPPLY.—In carrying out the pilot program 

2 under subsection (a), the Secretary shall ensure that 

3 the medications included in the program are— 

4 (A) generally available to the TRICARE 

5 for Life beneficiary through retail pharmacies 

6 only for an initial filling of a 30-day or less 

7 supply; and 

8 (B) any refills of such medications are ob9 tained through the national mail-order phar10 macy program. 

11 (3) EXEMPTION.—The Secretary may exempt 

12 the following prescription maintenance medications 

13 from the requirements in paragraph (2): 

14 (A) Such medications that are for acute 

15 care needs. 

16 (B) Such other medications as the Sec17 retary determines appropriate. 

18 (c) NONPARTICIPATION.— 

19 (1) OPT OUT.—The Secretary shall give 

20 TRICARE for Life beneficiaries who have been cov21 ered by the pilot program under subsection (a) for 

22 a period of one year an opportunity to opt out of 

23 continuing to participate in the program. 

24 (2) WAIVER.—The Secretary may waive the re25 quirement of a TRICARE for Life beneficiary to 


smartinez on DSK6TPTVN1PROD with BILLS
345 

HR 4310 RFS

1 participate in the pilot program under subsection (a) 

2 if the Secretary determines, on an individual basis, 

3 that such waiver is appropriate. 

4 (d) TRICARE FOR LIFE BENEFICIARY DEFINED.— 

5 In this section, the term ‘‘TRICARE for Life beneficiary’’ 

6 means a TRICARE beneficiary enrolled in the Medicare 

7 wraparound coverage option of the TRICARE program 

8 made available to the beneficiary by reason of section 

9 1086(d) of title 10, United States Code. 

10 (e) REPORTS.—Not later than March 31 of each year 

11 beginning in 2014 and ending in 2018, the Secretary shall 

12 submit to the congressional defense committees a report 

13 on the pilot program under subsection (a), including the 

14 effects of offering incentives for the use of mail order 

15 pharmacies by TRICARE beneficiaries and the effect on 

16 retail pharmacies. 

17 (f) SUNSET.—The Secretary may not carry out the 

18 pilot program under subsection (a) after December 31, 

19 2017. 

20 SEC. 718. COST-SHARING RATES FOR PHARMACY BENEFITS 

21 PROGRAM OF THE TRICARE PROGRAM. 

22 (a) IN GENERAL.—Section 1074g(a)(6) of title 10, 

23 United States Code, is amended— 

24 (1) by amending subparagraph (A) to read as 

25 follows: 


smartinez on DSK6TPTVN1PROD with BILLS
346 

HR 4310 RFS

1 ‘‘(A) The Secretary, in the regulations prescribed 

2 under subsection (h), shall establish cost-sharing require3 ments under the pharmacy benefits program. In accord4 ance with subparagraph (C), such cost-sharing require5 ments shall consist of the following: 

6 ‘‘(i) With respect to each supply of a prescrip7 tion covering not more than 30 days that is obtained 

8 by a covered beneficiary under the TRICARE retail 

9 pharmacy program— 

10 ‘‘(I) in the case of generic agents, $5; 

11 ‘‘(II) in the case of formulary agents, $17; 

12 and 

13 ‘‘(III) in the case of nonformulary agents, 

14 $44. 

15 ‘‘(ii) With respect to each supply of a prescrip16 tion covering not more than 90 days that is obtained 

17 by a covered beneficiary under the national mail18 order pharmacy program— 

19 ‘‘(I) in the case of generic agents, $0; 

20 ‘‘(II) in the case of formulary agents, $13; 

21 and 

22 ‘‘(III) in the case of nonformulary agents, 

23 $43.’’; and 

24 (2) by adding at the end the following new sub25 paragraph: 


smartinez on DSK6TPTVN1PROD with BILLS
347 

HR 4310 RFS

1 ‘‘(C) Beginning October 1, 2013, the Secretary may 

2 only increase in any year the cost-sharing amount estab3 lished under subparagraph (A) by an amount equal to the 

4 percentage by which retired pay is increased under section 

5 1401a of this title.’’. 

6 (b) EFFECTIVE DATE.—The cost-sharing require7 ments under section 1074g(a)(6)(A) of title 10, United 

8 States Code, as amended by subsection (a)(1), shall apply 

9 with respect to prescriptions obtained under the 

10 TRICARE pharmacy benefits program on or after October 

11 1, 2012. 

12 SEC. 719. REVIEW OF THE ADMINISTRATION OF THE MILI13 TARY HEALTH SYSTEM. 

14 Section 716(a)(1) of the National Defense Authoriza15 tion Act for Fiscal Year 2012 (Public Law 112–81; 125 

16 Stat. 1477) is amended by striking ‘‘until a 120-day pe17 riod’’ and all that follows through the period and inserting 

18 the following: ‘‘until the Secretary implements and com19 pletes any recommendations included in the report sub20 mitted by the Comptroller General of the United States 

21 under subsection (b)(3) and notifies the congressional de22 fense committees of such implementation and comple23 tion.’’. 


smartinez on DSK6TPTVN1PROD with BILLS
348 

HR 4310 RFS

1 Subtitle C—Reports and Other 

2 Matters 

3 SEC. 721. EXTENSION OF COMPTROLLER GENERAL REPORT 

4 ON CONTRACT HEALTH CARE STAFFING FOR 

5 MILITARY MEDICAL TREATMENT FACILITIES. 

6 Section 726(a) of the National Defense Authorization 

7 Act for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 

8 1480) is amended by striking ‘‘March 31, 2012’’ and in9 serting ‘‘March 31, 2013’’. 

10 SEC. 722. EXTENSION OF COMPTROLLER GENERAL REPORT 

11 ON WOMEN-SPECIFIC HEALTH SERVICES AND 

12 TREATMENT FOR FEMALE MEMBERS OF THE 

13 ARMED FORCES. 

14 Section 725(c) of the National Defense Authorization 

15 Act for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 

16 1480) is amended by striking ‘‘December 31, 2012’’ and 

17 inserting ‘‘March 31, 2013’’. 

18 SEC. 723. ESTABLISHMENT OF TRICARE WORKING GROUP. 

19 (a) SENSE OF CONGRESS.—It is the sense of Con20 gress that— 

21 (1) children of members of the Armed Forces 

22 deserve health-care practices and policies that— 

23 (A) are designed to meet their pediatric24 specific needs; 


smartinez on DSK6TPTVN1PROD with BILLS
349 

HR 4310 RFS

1 (B) are developed and determined 

2 proactively and comprehensively; and 

3 (C) ensure and maintain their access to pe4 diatric-specific treatments, providers, and facili5 ties. 

6 (2) children’s health-care needs and standards 

7 of care are different and distinct from those of 

8 adults, therefore the TRICARE program should un9 dertake a proactive, comprehensive approach to re10 view and analyze its policies and practices to meet 

11 the needs of children to ensure that children and 

12 their families receive appropriate care in proper set13 tings and avoid unnecessary challenges in seeking or 

14 obtaining proper health care; 

15 (3) a proactive and comprehensive review is 

16 necessary because the reimbursement structure of 

17 the TRICARE program is patterned upon Medicare 

18 and the resulting policies and practices of the 

19 TRICARE program do not always properly reflect 

20 appropriate standards for pediatric care; 

21 (4) one distinct aspect of children’s health care 

22 is the need for specialty care and services for chil23 dren with special-health-care needs and chronic24 health conditions; 


smartinez on DSK6TPTVN1PROD with BILLS
350 

HR 4310 RFS

1 (5) the requirement for specialized health care 

2 and developmental support is an ongoing and serious 

3 matter of day-to-day life for families with children 

4 with special or chronic-health-care needs; 

5 (6) the Department of Defense and the 

6 TRICARE program, recognizing the special needs of 

7 certain children, have instituted special-needs pro8 grams, including the ECHO program, but there are 

9 collateral needs that are not being met, generally be10 cause the services are provided in the local commu11 nity rather than by the Department of Defense, who 

12 may not always have the best tools or knowledge to 

13 access these State and local resources; 

14 (7) despite wholehearted efforts by the Depart15 ment of Defense, a gap exists between linking mili16 tary families with children with special-health-care 

17 needs and chronic conditions with the resources and 

18 services available from local or regional highly spe19 cialized providers and the communities and States in 

20 which they reside; 

21 (8) the gap is especially exacerbated by the mo22 bility of military families, who often move from 

23 State to State, because special-needs health care, 

24 educational, and social services are very specific to 


smartinez on DSK6TPTVN1PROD with BILLS
351 

HR 4310 RFS

1 each local community and State and such services 

2 often have lengthy waiting lists; and 

3 (9) the Department of Defense will be better 

4 able to assist military families with children with 

5 special-health-care needs fill the gap by collaborating 

6 with special-health-care needs providers and those 

7 knowledgeable about the opportunities for such chil8 dren that are provided by States and local commu9 nities. 

10 (b) ESTABLISHMENT.— 

11 (1) IN GENERAL.—The Secretary of Defense 

12 shall establish a working group to carry out a review 

13 of the TRICARE program with respect to— 

14 (A) pediatric health care needs under para15 graph (2); and 

16 (B) pediatric special and chronic health 

17 care needs under paragraph (3). 

18 (2) PEDIATRIC HEALTH CARE NEEDS.— 

19 (A) DUTIES.—The working group shall— 

20 (i) comprehensively review the policy 

21 and practices of the TRICARE program 

22 with respect to providing pediatric health 

23 care; 

24 (ii) recommend changes to such poli25 cies and practices to ensure that— 


smartinez on DSK6TPTVN1PROD with BILLS
352 

HR 4310 RFS

1 (I) children receive appropriate 

2 care in an appropriate manner, at the 

3 appropriate time, and in an appro4 priate setting; and 

5 (II) access to care and treatment 

6 provided by pediatric providers and 

7 children’s hospitals remains available 

8 for families with children; and 

9 (iii) develop a plan to implement such 

10 changes. 

11 (B) REVIEW.—In carrying out the duties 

12 under subparagraph (A), the working group 

13 shall— 

14 (i) identify improvements in policies, 

15 practices, and administration of the 

16 TRICARE program with respect to pedi17 atric-specific health care and pediatric-spe18 cific healthcare settings; 

19 (ii) analyze the direct and indirect ef20 fects of the reimbursement policies and 

21 practices of the TRICARE program with 

22 respect to pediatric care and care provided 

23 in pediatric settings; 

24 (iii) consider case management pro25 grams with respect to pediatric complex 


smartinez on DSK6TPTVN1PROD with BILLS
353 

HR 4310 RFS

1 and chronic care, including whether pedi2 atric specific programs are necessary; 

3 (iv) develop a plan to ensure that the 

4 TRICARE program addresses pediatric5 specific health care needs on an on-going 

6 basis beyond the life of the working group; 

7 (v) consider how the TRICARE pro8 gram can work with the pediatric provider 

9 community to ensure access, promote com10 munication and collaboration, and optimize 

11 experiences of military families seeking and 

12 receiving health care services for children; 

13 and 

14 (vi) review matters that further the 

15 mission of the working group. 

16 (3) PEDIATRIC SPECIAL AND CHRONIC HEALTH

17 CARE NEEDS.— 

18 (A) DUTIES.—The working group shall— 

19 (i) review the methods in which fami20 lies in the TRICARE program who have 

21 children with special-health-care needs ac22 cess community resources and health-care 

23 resources; 

24 (ii) review how having access to, and 

25 a better understanding of, community reVerDate Mar 15 2010 01:00 Jun 20, 2012 Jkt 019200 PO 00000 Frm 00353 Fmt 6652 Sfmt 6201 E:\BILLS\H4310.RFS H4310

smartinez on DSK6TPTVN1PROD with BILLS
354 

HR 4310 RFS

1 sources may improve access to health care 

2 and support services; 

3 (iii) recommend methods to accom4 plish improved access by such children and 

5 families to community resources and 

6 health-care resources, including through 

7 collaboration with children’s hospitals and 

8 other providers of pediatric specialty care, 

9 local agencies, local communities, and 

10 States; 

11 (iv) consider approaches and make 

12 recommendations for the improved integra13 tion of individualized or compartmentalized 

14 medical and family support resources for 

15 military families; 

16 (v) work closely with the Office of 

17 Community Support for Military Families 

18 with Special Needs of the Department of 

19 Defense and other relevant offices to avoid 

20 redundancies and target shared areas of 

21 concern for children with special or chron22 ic-health-care needs; and 

23 (vi) review any relevant information 

24 learned and findings made by the working 

25 group under this paragraph that may be 


smartinez on DSK6TPTVN1PROD with BILLS
355 

HR 4310 RFS

1 considered or adopted in a consistent man2 ner with respect to improving access, re3 sources, and services for adults with spe4 cial needs. 

5 (B) REVIEW.—In carrying out the duties 

6 under subparagraph (A), the working group 

7 shall— 

8 (i) discuss improvements to special 

9 needs health care policies and practices; 

10 (ii) determine how to support and pro11 tect families of members of the National 

12 Guard or Reserve Components as the 

13 members transition into and out of the rel14 evant Exceptional Family Member Pro15 gram or the ECHO program; 

16 (iii) analyze case management services 

17 to improve consistency, communication, 

18 knowledge, and understanding of resources 

19 and community contacts; 

20 (iv) identify areas in which a State 

21 may offer services that are not covered by 

22 the TRICARE program or the ECHO pro23 gram and how to coordinate such services; 

24 (v) identify steps that States and 

25 communities can take to improve support 


smartinez on DSK6TPTVN1PROD with BILLS
356 

HR 4310 RFS

1 for military families of children with spe2 cial health care needs; 

3 (vi) consider how the TRICARE pro4 gram and other programs of the Depart5 ment of Defense can work with specialty 

6 pediatric providers and resource commu7 nities to ensure access, promote commu8 nication and collaboration, and optimize 

9 experiences of military families seeking and 

10 receiving health care services for their chil11 dren with special or chronic health care 

12 needs; 

13 (vii) consider special and chronic 

14 health care in a comprehensive manner 

15 without focus on one or more conditions or 

16 diagnoses to the exclusion of others; 

17 (viii) focus on ways to create innova18 tive partnerships, linkages, and access to 

19 information and resources for military 

20 families across the spectrum of the special21 needs community and between the medical 

22 community and the family support commu23 nity; and 

24 (ix) review matters that further the 

25 mission of the working group. 


smartinez on DSK6TPTVN1PROD with BILLS
357 

HR 4310 RFS

1 (c) MEMBERSHIP.— 

2 (1) APPOINTMENTS.—The working group shall 

3 be composed of not less than 14 members as follows: 

4 (A) The Chief Medical Officer of the 

5 TRICARE program, who shall serve as chair6 person. 

7 (B) The Chief Medical Officers of the 

8 North, South, and West regional offices of the 

9 TRICARE program. 

10 (C) One individual representing the Army 

11 appointed by the Surgeon General of the Army. 

12 (D) One individual representing the Navy 

13 appointed by the Surgeon General of the Navy. 

14 (E) One individual representing the Air 

15 Force appointed by the Surgeon General of the 

16 Air Force. 

17 (F) One individual representing the re18 gional managed care support contractor of the 

19 North region of the TRICARE program ap20 pointed by such contractor. 

21 (G) One individual representing the re22 gional managed care support contractor of the 

23 South region of the TRICARE program ap24 pointed by such contractor. 


smartinez on DSK6TPTVN1PROD with BILLS
358 

HR 4310 RFS

1 (H) One individual representing the re2 gional managed care support contractor of the 

3 West region of the TRICARE program ap4 pointed by such contractor. 

5 (I) Not more than three individuals rep6 resenting the non-profit organization the Mili7 tary Coalition appointed by such organization. 

8 (J) One individual representing the Amer9 ican Academy of Pediatrics appointed by such 

10 organization. 

11 (K) One individual representing the Na12 tional Association of Children’s Hospitals ap13 pointed by such organization. 

14 (L) One individual representing military 

15 families who is not an employee of an organiza16 tion representing such families. 

17 (M) Any other individual as determined by 

18 the Chief Medical Officer of the TRICARE pro19 gram. 

20 (2) TERMS.—Each member shall be appointed 

21 for the life of the working group. A vacancy in the 

22 working group shall be filled in the manner in which 

23 the original appointment was made. 

24 (3) TRAVEL EXPENSES.—Each member shall 

25 receive travel expenses, including per diem in lieu of 


smartinez on DSK6TPTVN1PROD with BILLS
359 

HR 4310 RFS

1 subsistence, in accordance with applicable provisions 

2 under subchapter I of chapter 57 of title 5, United 

3 States Code. 

4 (4) STAFF.—The Secretary of Defense shall en5 sure that employees of the TRICARE program pro6 vide the working group with the necessary support 

7 to carry out this section. 

8 (d) MEETINGS.— 

9 (1) SCHEDULE.—The working group shall— 

10 (A) convene its first meeting not later than 

11 60 days after the date of the enactment of this 

12 Act; and 

13 (B) convene not less than four other times. 

14 (2) FORM.—Any meeting of the working group 

15 may be conducted in-person or through the use of 

16 video conferencing. 

17 (3) QUORUM.—Seven members of the working 

18 group shall constitute a quorum but a lesser number 

19 may hold hearings. 

20 (e) ADVICE.—With respect to carrying out the review 

21 of the TRICARE program and pediatric special and 

22 chronic health care needs under subsection (b)(3), the 

23 working group shall seek counsel from the following indi24 viduals acting as an expert advisory group: 


smartinez on DSK6TPTVN1PROD with BILLS
360 

HR 4310 RFS

1 (1) One individual representing the Exceptional 

2 Family Member Program of the Army. 

3 (2) One individual representing the Exceptional 

4 Family Member Program of the Navy. 

5 (3) One individual representing the Exceptional 

6 Family Member Program of the Air Force. 

7 (4) One individual representing the Exceptional 

8 Family Member Program of the Marine Corps. 

9 (5) One individual representing the Office of 

10 Community Support for Military Families with Spe11 cial Needs. 

12 (6) One individual who is not an employee of an 

13 organization representing military families shall rep14 resent a military family with a child with special 

15 health care needs. 

16 (7) Not more than three individuals rep17 resenting organizations that— 

18 (A) are not otherwise represented in this 

19 paragraph or in the working group; and 

20 (B) possess expertise needed to carry out 

21 the goals of the working group. 

22 (f) REPORTS REQUIRED.— 

23 (1) REPORT.—Not later than 12 months after 

24 the date on which the working group convenes its 

25 first meeting, the working group shall submit to the 


smartinez on DSK6TPTVN1PROD with BILLS
361 

HR 4310 RFS

1 congressional defense committees a report includ2 ing— 

3 (A) any changes described in subsection 

4 (b)(2)(A)(ii) identified by the working group 

5 that— 

6 (i) require legislation to carry out, in7 cluding proposed legislative language for 

8 such changes; 

9 (ii) require regulations to carry out, 

10 including proposed regulatory language for 

11 such changes; and 

12 (iii) may be carried out without legis13 lation or regulations, including a time line 

14 for such changes; and 

15 (B) steps that States and local commu16 nities may take to improve the experiences of 

17 military families with special-needs children in 

18 interacting with and accessing State and local 

19 community resources. 

20 (2) FINAL REPORT.—Not later than 18 months 

21 after the date on which the report is submitted 

22 under paragraph (1), the working group shall sub23 mit to the congressional defense committees a final 

24 report including— 


smartinez on DSK6TPTVN1PROD with BILLS
362 

HR 4310 RFS

1 (A) any additional information and up2 dates to the report submitted under paragraph 

3 (1); 

4 (B) information with respect to how the 

5 Secretary of Defense is implementing the 

6 changes identified in the report submitted 

7 under paragraph (1); and 

8 (C) information with respect to any steps 

9 described in subparagraph (B) of such para10 graph that were taken by States and local com11 munities after the date on which such report 

12 was submitted. 

13 (g) TERMINATION.—The working group shall termi14 nate on the date that is 30 days after the date on which 

15 the working group submits the final report pursuant to 

16 subsection (f)(2). 

17 (h) DEFINITIONS.—In this Act: 

18 (1) The term ‘‘children’’ means dependents of a 

19 member of the Armed Forces who are— 

20 (A) individuals who have not yet attained 

21 the age of 21; or 

22 (B) individuals who have not yet attained 

23 the age of 27 if the inclusion of such depend24 ents is applicable and relevant to a program or 

25 policy being reviewed under this Act. 


smartinez on DSK6TPTVN1PROD with BILLS
363 

HR 4310 RFS

1 (2) The term ‘‘congressional defense commit2 tees’’ has the meaning given that term in section 

3 101(a)(16) of title 10, United States Code. 

4 (3) The term ‘‘ECHO program’’ means the pro5 gram established pursuant to subsections (d) 

6 through (e) of section 1079 of title 10, United 

7 States Code (commonly referred to as the ‘‘Extended 

8 Care Health Option program’’). 

9 (4) The term ‘‘TRICARE program’’ means the 

10 managed health care program that is established by 

11 the Department of Defense under chapter 55 of title 

12 10, United States Code. 

13 SEC. 724. REPORT ON STRATEGY TO TRANSITION TO USE 

14 OF HUMAN-BASED METHODS FOR CERTAIN 

15 MEDICAL TRAINING. 

16 (a) REPORT.— 

17 (1) IN GENERAL.—Not later than March 1, 

18 2013, the Secretary of Defense shall submit to the 

19 congressional defense committees a report that out20 lines a strategy to refine and, when appropriate, 

21 transition to using human-based training methods 

22 for the purpose of training members of the Armed 

23 Forces in the treatment of combat trauma injuries 

24 by October 1, 2017. 


smartinez on DSK6TPTVN1PROD with BILLS
364 

HR 4310 RFS

1 (2) ELEMENTS.—The report under paragraph 

2 (1) shall include the following: 

3 (A) Required research, development, test4 ing, and evaluation investments to validate 

5 human-based training methods to refine, re6 duce, and, when appropriate, transition from 

7 the use of live animals in medical education and 

8 training by October 1, 2015. 

9 (B) Phased sustainment and readiness 

10 costs to refine, reduce, and, when appropriate, 

11 replace the use of live animals in medical edu12 cation and training by October 1, 2017. 

13 (C) Any risks associated with transitioning 

14 to human-based training methods, including re15 source availability, anticipated technological de16 velopment time lines, and potential impact on 

17 the present combat trauma training curricula. 

18 (D) An assessment of the potential effect 

19 of transitioning to human based-training meth20 ods on the quality of medical care delivered on 

21 the battlefield including any reduction in the 

22 competency of combat medical personnel. 

23 (E) An assessment of risks to maintaining 

24 the level of combat life-saver techniques per25 formed by all members of the Armed Forces. 


smartinez on DSK6TPTVN1PROD with BILLS
365 

HR 4310 RFS

1 (b) UPDATED ANNUAL REPORTS.—Not later than 

2 March 1, 2014, and each year thereafter, the Secretary 

3 shall submit to the congressional defense committees a re4 port on the development and implementation of human5 based training methods for the purposes of training mem6 bers of the Armed Forces in the treatment of combat trau7 ma injuries under this section. 

8 (c) DEFINITIONS.—In this section: 

9 (1) The term ‘‘combat trauma injuries’’ means 

10 severe injuries likely to occur during combat, includ11 ing— 

12 (A) extremity hemorrhage; 

13 (B) tension pneumothorax; 

14 (C) amputation resulting from blast injury; 

15 (D) compromises to the airway; and 

16 (E) other injuries. 

17 (2) The term ‘‘human-based training methods’’ 

18 means, with respect to training individuals in med19 ical treatment, the use of systems and devices that 

20 do not use animals, including— 

21 (A) simulators; 

22 (B) partial task trainers; 

23 (C) moulage; 

24 (D) simulated combat environments; and 

25 (E) human cadavers. 


smartinez on DSK6TPTVN1PROD with BILLS
366 

HR 4310 RFS

1 (3) The term ‘‘partial task trainers’’ means 

2 training aids that allow individuals to learn or prac3 tice specific medical procedures. 

4 SEC. 725. PILOT PROGRAM ON ENHANCEMENTS OF DE5 PARTMENT OF DEFENSE EFFORTS ON MEN6 TAL HEALTH IN THE NATIONAL GUARD AND 

7 RESERVES THROUGH COMMUNITY PARTNER8 SHIPS. 

9 (a) PROGRAM AUTHORITY.—The Secretary of De10 fense may carry out a pilot program to enhance the efforts 

11 of the Department of Defense in research, treatment, edu12 cation, and outreach on mental health and substance use 

13 disorders and traumatic brain injury in members of the 

14 National Guard and Reserves, their family members, and 

15 their caregivers through community partners. 

16 (b) COMMUNITY PARTNERS.—The Secretary of De17 fense may award grants to community partners described 

18 in subsection (c) using a competitive and merit-based 

19 award process whereby the awardee agrees to make con20 tributions toward the costs of activities carried out with 

21 the grant, from non-Federal sources, an amount equal to 

22 not less than $3 for each $1 of funds provided under the 

23 grant. 

24 (c) COMMUNITY PARTNER DESCRIBED.—A commu25 nity partner described in this subsection is a private nonVerDate Mar 15 2010 01:00 Jun 20, 2012 Jkt 019200 PO 00000 Frm 00366 Fmt 6652 Sfmt 6201 E:\BILLS\H4310.RFS H4310

smartinez on DSK6TPTVN1PROD with BILLS
367 

HR 4310 RFS

1 profit organization or institution that engages in one or 

2 more of the following: 

3 (1) Research on the causes, development, and 

4 innovative treatment of mental health and substance 

5 use disorders and traumatic brain injury in members 

6 of the National Guard and Reserves, their family 

7 members, and their caregivers. 

8 (2) Providing treatment to such members and 

9 their families for such mental health and substance 

10 use disorders and traumatic brain injury. 

11 (3) Identifying and disseminating evidence12 based treatments of mental health and substance use 

13 disorders and traumatic brain injury described in 

14 paragraph (1). 

15 (4) Outreach and education to such members, 

16 their families and caregivers, and the public about 

17 mental health and substance use disorders and trau18 matic brain injury described in paragraph (1). 

19 (d) DURATION.—The duration of the pilot program 

20 may not exceed three years. 

21 (e) REPORT.—Not later than 180 days before the 

22 completion of the pilot program, the Secretary of Defense 

23 shall submit to the Secretary of Veterans Affairs and Con24 gress a report on the results of the pilot program, includ25 ing the amount of grants so awarded and activities carried 


smartinez on DSK6TPTVN1PROD with BILLS
368 

HR 4310 RFS

1 out, the number of members of the National Guard and 

2 Reserves provided treatment or services by community 

3 partners, and a description and assessment of the effec4 tiveness and achievements of the pilot program with re5 spect to research, treatment, education, and outreach on 

6 mental health and substance use disorders and traumatic 

7 brain injury. 

8 SEC. 726. STUDY ON BREAST CANCER AMONG MEMBERS OF 

9 THE ARMED FORCES AND VETERANS. 

10 (a) STUDY.—The Secretary of Defense and the Sec11 retary of Veterans Affairs shall jointly conduct a study 

12 on the incidence of breast cancer among members of the 

13 Armed Forces (including members of the National Guard 

14 and reserve components) and veterans. Such study shall 

15 include the following: 

16 (1) A determination of the number of members 

17 and veterans diagnosed with breast cancer. 

18 (2) A determination of demographic informa19 tion regarding such members and veterans, includ20 ing— 

21 (A) race; 

22 (B) ethnicity; 

23 (C) sex; 

24 (D) age; 


smartinez on DSK6TPTVN1PROD with BILLS
369 

HR 4310 RFS

1 (E) possible exposure to hazardous ele2 ments or chemical or biological agents (includ3 ing any vaccines) and where such exposure oc4 curred; 

5 (F) the locations of duty stations that such 

6 member or veteran was assigned; 

7 (G) the locations in which such member or 

8 veteran was deployed; and 

9 (H) the geographic area of residence prior 

10 to deployment. 

11 (3) An analysis of breast cancer treatments re12 ceived by such members and veterans. 

13 (4) Other information the Secretaries consider 

14 necessary. 

15 (b) REPORT.—Not later than 18 months after the 

16 date of the enactment of this Act, the Secretary of Defense 

17 and the Secretary of Veterans Affairs shall jointly submit 

18 to Congress a report containing the results of the study 

19 required under subsection (a). 

20 (c) FUNDING INCREASE AND OFFSETTING REDUC21 TION.—Notwithstanding the amounts set forth in the 

22 funding tables in division D— 

23 (1) the amount authorized to be appropriated in 

24 section 1406 for the Defense Health Program, as 

25 specified in the corresponding funding table in diviVerDate Mar 15 2010 01:00 Jun 20, 2012 Jkt 019200 PO 00000 Frm 00369 Fmt 6652 Sfmt 6201 E:\BILLS\H4310.RFS H4310

smartinez on DSK6TPTVN1PROD with BILLS
370 

HR 4310 RFS

1 sion D, is hereby increased by $10,000,000, with the 

2 amount of the increase allocated to the Defense 

3 Health Program, as set forth in the table under sec4 tion 4501, to carry out this section; and 

5 (2) the amount authorized to be appropriated in 

6 section 101 for Weapons Procurement, Navy, as 

7 specified in the corresponding funding table in sec8 tion 4101 of division D, is hereby reduced by a total 

9 $10,000,000, with the amount of the reduction to be 

10 derived from— 

11 (A) Line 004 (AMRAAM) in the amount 

12 of $2,700,000; 

13 (B) Line 006 (JSOW) in the amount of 

14 $2,700,000; and 

15 (C) Line 009 (Hellfire) in the amount of 

16 $4,600,000. 

17 SEC. 727. INCREASED COLLABORATION WITH NIH TO COM18 BAT TRIPLE NEGATIVE BREAST CANCER. 

19 The Office of Health of the Department of Defense 

20 shall work in collaboration with the National Institutes of 

21 Health to— 

22 (1) identify specific genetic and molecular tar23 gets and biomarkers for triple negative breast can24 cer; and 


smartinez on DSK6TPTVN1PROD with BILLS
371 

HR 4310 RFS

1 (2) provide information useful in biomarker se2 lection, drug discovery, and clinical trials design that 

3 will enable both— 

4 (A) triple negative breast cancer patients 

5 to be identified earlier in the progression of 

6 their disease; and 

7 (B) the development of multiple targeted 

8 therapies for the disease. 

9 SEC. 728. PILOT PROGRAM ON PAYMENT FOR TREATMENT 

10 OF MEMBERS OF THE ARMED FORCES AND 

11 VETERANS FOR TRAUMATIC BRAIN INJURY 

12 AND POST-TRAUMATIC STRESS DISORDER. 

13 (a) PAYMENT PROCESS.—The Secretary of Defense 

14 and the Secretary of Veterans Affairs shall carry out a 

15 five-year pilot program under which each such Secretary 

16 shall establish a process through which each Secretary 

17 shall provide payment for treatments (including diagnostic 

18 testing) of traumatic brain injury or post-traumatic stress 

19 disorder received by members of the Armed Forces and 

20 veterans in health care facilities other than military treat21 ment facilities or Department of Veterans Affairs medical 

22 facilities. Such process shall provide that payment be 

23 made directly to the health care facility furnishing the 

24 treatment. 


smartinez on DSK6TPTVN1PROD with BILLS
372 

HR 4310 RFS

1 (b) CONDITIONS FOR PAYMENT.—The approval by a 

2 Secretary for payment for a treatment pursuant to sub3 section (a) shall be subject to the following conditions: 

4 (1) Any drug or device used in the treatment 

5 must be approved or cleared by the Food and Drug 

6 Administration for any purpose. 

7 (2) The treatment must have been approved by 

8 an institutional review board operating in accordance 

9 with regulations issued by the Secretary of Health 

10 and Human Services. 

11 (3) The treatment (including any patient disclo12 sure requirements) must be used by the health care 

13 provider delivering the treatment. 

14 (4) The patient receiving the treatment must 

15 demonstrate an improvement as a result of the 

16 treatment on one or more of the following: 

17 (A) Standardized independent pre-treat18 ment and post-treatment neuropsychological 

19 testing. 

20 (B) Accepted survey instruments. 

21 (C) Neurological imaging. 

22 (D) Clinical examination. 

23 (5) The patient receiving the treatment must be 

24 receiving the treatment voluntarily. 


smartinez on DSK6TPTVN1PROD with BILLS
373 

HR 4310 RFS

1 (6) The patient receiving the treatment may not 

2 be a retired member of the uniformed services or of 

3 the Armed Forces who is entitled to benefits under 

4 part A, or eligible to enroll under part B, of title 

5 XVIII of the Social Security Act. 

6 (c) ADDITIONAL RESTRICTIONS PROHIBITED.—Ex7 cept as provided in this subsection (b), no restriction or 

8 condition for reimbursement may be placed on any health 

9 care provider that is operating lawfully under the laws of 

10 the State in which the provider is located with respect to 

11 the receipt of payment under this section. 

12 (d) PAYMENT DEADLINE.—The Secretary of Defense 

13 and the Secretary of Veterans Affairs shall make a pay14 ment for a treatment pursuant to subsection (a) not later 

15 than 30 days after a member of the Armed Forces or vet16 eran (or health care provider on behalf of such member 

17 or veteran) submits to the Secretary documentation re18 garding the treatment. The Secretary of Defense and the 

19 Secretary of Veterans Affairs shall ensure that the docu20 mentation required under this subsection may not be an 

21 undue burden on the member of the Armed Forces or vet22 eran or on the health care provider. 

23 (e) PAYMENT AUTHORITY.— 

24 (1) DEPARTMENT OF DEFENSE.—The Sec25 retary of Defense shall make payments under this 


smartinez on DSK6TPTVN1PROD with BILLS
374 

HR 4310 RFS

1 section for treatments received by members of the 

2 Armed Forces using the authority in subsection 

3 (c)(1) of section 1074 of title 10, United States 

4 Code. 

5 (2) DEPARTMENT OF VETERANS AFFAIRS.— 

6 The Secretary of Veterans Affairs shall make pay7 ments under this section for treatments received by 

8 veterans using the authority in section 1728 of title 

9 38, United States Code. 

10 (f) PAYMENT AMOUNT.—A payment under this sec11 tion shall be made at the equivalent Centers for Medicare 

12 and Medicaid Services reimbursement rate in effect for ap13 propriate treatment codes for the State or territory in 

14 which the treatment is received. If no such rate is in effect, 

15 payment shall be made at a fair market rate, as deter16 mined by the Secretary of Defense, in consultation with 

17 the Secretary of Health and Human Services, with respect 

18 to a patient who is a member of the Armed Forces or 

19 the Secretary of Veterans Affairs with respect to a patient 

20 who is a veteran. 

21 (g) DATA COLLECTION AND AVAILABILITY.— 

22 (1) IN GENERAL.—The Secretary of Defense 

23 and the Secretary of Veterans Affairs shall jointly 

24 develop and maintain a database containing data 

25 from each patient case involving the use of a treatVerDate Mar 15 2010 01:00 Jun 20, 2012 Jkt 019200 PO 00000 Frm 00374 Fmt 6652 Sfmt 6201 E:\BILLS\H4310.RFS H4310

smartinez on DSK6TPTVN1PROD with BILLS
375 

HR 4310 RFS

1 ment under this section. The Secretaries shall en2 sure that the database preserves confidentiality and 

3 be made available only— 

4 (A) for third-party payer examination; 

5 (B) to the appropriate congressional com6 mittees and employees of the Department of 

7 Defense, the Department of Veterans Affairs, 

8 the Department of Health and Human Services, 

9 and appropriate State agencies; and 

10 (C) to the primary investigator of the insti11 tutional review board that approved the treat12 ment, in the case of data relating to a patient 

13 case involving the use of such treatment. 

14 (2) ENROLLMENT IN INSTITUTIONAL REVIEW

15 BOARD STUDY.—In the case of a patient enrolled in 

16 a registered institutional review board study, results 

17 may be publically distributable in accordance with 

18 the regulations prescribed pursuant to the Health 

19 Insurance Portability and Accountability Act of 

20 1996 (Public Law 104–191) and other regulations 

21 and practices in effect as of the date of the enact22 ment of this Act. 

23 (3) QUALIFIED INSTITUTIONAL REVIEW

24 BOARDS.—The Secretary of Defense and the Sec25 retary of Veterans Affairs shall each ensure that the 


smartinez on DSK6TPTVN1PROD with BILLS
376 

HR 4310 RFS

1 Internet Web site of their respective departments in2 cludes a list of all civilian institutional review board 

3 studies that have received a payment under this sec4 tion. 

5 (h) ASSISTANCE FOR MEMBERS TO OBTAIN TREAT6 MENT.— 

7 (1) ASSIGNMENT TO TEMPORARY DUTY.—The 

8 Secretary of a military department may assign a 

9 member of the Armed Forces under the jurisdiction 

10 of the Secretary to temporary duty or allow the 

11 member a permissive temporary duty in order to 

12 permit the member to receive treatment for trau13 matic brain injury or post-traumatic stress disorder, 

14 for which payments shall be made under subsection 

15 (a), at a location beyond reasonable commuting dis16 tance of the member’s permanent duty station. 

17 (2) PAYMENT OF PER DIEM.—A member who is 

18 away from the member’s permanent station may be 

19 paid a per diem in lieu of subsistence in an amount 

20 not more than the amount to which the member 

21 would be entitled if the member were performing 

22 travel in connection with a temporary duty assign23 ment. 

24 (3) GIFT RULE WAIVER.—Notwithstanding any 

25 rule of any department or agency with respect to 


smartinez on DSK6TPTVN1PROD with BILLS
377 

HR 4310 RFS

1 ethics or the receipt of gifts, any assistance provided 

2 to a member of the Armed Forces with a service3 connected injury or disability for travel, meals, or 

4 entertainment incidental to receiving treatment 

5 under this section, or for the provision of such treat6 ment, shall not be subject to or covered by any such 

7 rule. 

8 (i) RETALIATION PROHIBITED.—No retaliation may 

9 be made against any member of the Armed Forces or vet10 eran who receives treatment as part of registered institu11 tional review board study carried out by a civilian health 

12 care practitioner. 

13 (j) TREATMENT OF UNIVERSITY AND NATIONALLY

14 ACCREDITED INSTITUTIONAL REVIEW BOARDS.—For 

15 purposes of this section, a university-affiliated or nation16 ally accredited institutional review board shall be treated 

17 in the same manner as a Government institutional review 

18 board. 

19 (k) MEMORANDA OF UNDERSTANDING.—The Sec20 retary of Defense and the Secretary of Veterans Affairs 

21 shall seek to expeditiously enter into memoranda of under22 standings with civilian institutional review boards de23 scribed in subsection (j) for the purpose of providing for 

24 members of the Armed Forces and veterans to receive 

25 treatment carried out by civilian health care practitioners 


smartinez on DSK6TPTVN1PROD with BILLS
378 

HR 4310 RFS

1 under a treatment approved by and under the oversight 

2 of civilian institutional review boards that would qualify 

3 for payment under this section. 

4 (l) OUTREACH REQUIRED.— 

5 (1) OUTREACH TO VETERANS.—The Secretary 

6 of Veterans Affairs shall notify each veteran with a 

7 service-connected injury or disability of the oppor8 tunity to receive treatment pursuant to this section. 

9 (2) OUTREACH TO MEMBERS OF THE ARMED

10 FORCES.—The Secretary of Defense shall notify 

11 each member of the Armed Forces with a service12 connected injury or disability of the opportunity to 

13 receive treatment pursuant to this section. 

14 (m) REPORT TO CONGRESS.—Not later than 30 days 

15 after the last day of each fiscal year during which the Sec16 retary of Defense and the Secretary of Veterans Affairs 

17 are authorized to make payments under this section, the 

18 Secretaries shall jointly submit to Congress an annual re19 port on the implementation of this section. Such report 

20 shall include each of the following for that fiscal year: 

21 (1) The number of individuals for whom the 

22 Secretary has provided payments under this section. 

23 (2) The condition for which each such indi24 vidual receives treatment for which payment is proVerDate Mar 15 2010 01:00 Jun 20, 2012 Jkt 019200 PO 00000 Frm 00378 Fmt 6652 Sfmt 6201 E:\BILLS\H4310.RFS H4310

smartinez on DSK6TPTVN1PROD with BILLS
379 

HR 4310 RFS

1 vided under this section and the success rate of each 

2 such treatment. 

3 (3) Treatment methods that are used by enti4 ties receiving payment provided under this section 

5 and the respective rate of success of each such meth6 od. 

7 (4) The recommendations of the Secretaries 

8 with respect to the integration of treatment methods 

9 for which payment is provided under this section 

10 into facilities of the Department of Defense and De11 partment of Veterans Affairs. 

12 (n) TERMINATION.—The authority to make a pay13 ment under this section shall terminate on the date that 

14 is five years after the date of the enactment of this Act. 

15 (o) AUTHORIZATION OF APPROPRIATIONS.—There is 

16 authorized to be appropriated to carry out this section 

17 $10,000,000 for each fiscal year during which the Sec18 retary of Veterans Affairs and the Secretary of Defense 

19 are authorized to make payments under this section. 

20 (p) FUNDING INCREASE AND OFFSETTING REDUC21 TION.— 

22 (1) IN GENERAL.—Notwithstanding the 

23 amounts set forth in the funding tables in division 

24 D, to carry out this section during fiscal year 

25 2013— 


smartinez on DSK6TPTVN1PROD with BILLS
380 

HR 4310 RFS

1 (A) the amount authorized to be appro2 priated in section 1406 for the Defense Health 

3 Program, as specified in the corresponding 

4 funding table in division D, is hereby increased 

5 by $10,000,000, with the amount of the in6 crease allocated to the Defense Health Pro7 gram, as set forth in the table under section 

8 4501, to carry out this section; and 

9 (B) the amount authorized to be appro10 priated in section 301 for Operation and Main11 tenance, Defense-wide, as specified in the cor12 responding funding table in division D, is here13 by reduced by $10,000,000, with the amount of 

14 the reduction to be derived from Line 260, Of15 fice of the Secretary of Defense as set forth in 

16 the table under section 4301. 

17 (2) MERIT-BASED OR COMPETITIVE DECI18 SIONS.—A decision to commit, obligate, or expend 

19 funds referred to in paragraph (1)(A) with or to a 

20 specific entity shall— 

21 (A) be based on merit-based selection pro22 cedures in accordance with the requirements of 

23 sections 2304(k) and 2374 of title 10, United 

24 States Code, or on competitive procedures; and 


smartinez on DSK6TPTVN1PROD with BILLS
381 

HR 4310 RFS

1 (B) comply with other applicable provisions 

2 of law. 

3 SEC. 729. CONGRESSIONAL SUPPORT FOR GREATER 

4 AWARENESS OF POST-TRAUMATIC STRESS 

5 DISORDER. 

6 (a) FINDINGS.—Congress makes the following find7 ings: 

8 (1) The brave men and women of the United 

9 States Armed Forces, who proudly serve the United 

10 States, risk their lives to protect the freedom of the 

11 United States and deserve the investment of every 

12 possible resource to ensure their lasting physical, 

13 mental, and emotional well-being. 

14 (2) More than 2,400,000 members of the 

15 Armed Forces have deployed overseas as part of 

16 overseas contingency operations since the events of 

17 September 11, 2001. 

18 (3) One in five members who have returned 

19 from deployment reported symptoms of post-trau20 matic stress disorder (PTSD). 

(4) Just over 1 21 ⁄2 of the members have sought 

22 treatment for PTSD symptoms. 

23 (5) More than 90,000 members returning from 

24 deployment to Operation Enduring Freedom or OpVerDate Mar 15 2010 01:00 Jun 20, 2012 Jkt 019200 PO 00000 Frm 00381 Fmt 6652 Sfmt 6201 E:\BILLS\H4310.RFS H4310

smartinez on DSK6TPTVN1PROD with BILLS
382 

HR 4310 RFS

1 eration Iraqi Freedom are clinically diagnosed with 

2 PTSD. 

3 (6) The Armed Forces have sustained an oper4 ational tempo for a period of time unprecedented in 

5 the history of the United States, with many mem6 bers deploying multiple times, placing them at high 

7 risk of PTSD. 

8 (7) Up to 10 percent of Operation Desert 

9 Storm veterans, 30 percent of Vietnam veterans, and 

10 8 percent of the general population of the United 

11 States suffer or have suffered from PTSD. 

12 (8) Many cases of PTSD remain unreported, 

13 undiagnosed, and untreated due to a lack of aware14 ness about PTSD and the persistent stigma associ15 ated with mental health issues. 

16 (9) PTSD significantly increases the risk of de17 pression, suicide, and drug- and alcohol-related dis18 orders and deaths, especially if left untreated. 

19 (10) The Departments of Defense and Veterans 

20 Affairs have made significant advances in the pre21 vention, diagnosis, and treatment of PTSD and the 

22 symptoms of PTSD, but many challenges remain. 

(11) About 1 23 ⁄2 of members and their spouses re24 port they are somewhat or not at all knowledgeable 

25 about the signs and symptoms of PTSD. 


smartinez on DSK6TPTVN1PROD with BILLS
383 

HR 4310 RFS

1 (b) CONGRESSIONAL EXPRESSION OF SUPPORT.—In 

2 light of the findings made in subsection (a), Congress— 

3 (1) supports the efforts of the Secretary of Vet4 erans Affairs and the Secretary of Defense to edu5 cate service members, veterans, the families of serv6 ice members and veterans, and the public about the 

7 causes, symptoms, and treatment of post-traumatic 

8 stress disorder (PTSD); and 

9 (2) supports the creation of an advisory com10 mission on PTSD to coordinate the efforts of the 

11 Department of Defense, Department of Veterans Af12 fairs, and other executive departments and agencies 

13 for the prevention, diagnosis, and treatment of 

14 PTSD. 


smartinez on DSK6TPTVN1PROD with BILLS
384 

HR 4310 RFS

1 TITLE VIII—ACQUISITION POL2 ICY, ACQUISITION MANAGE3 MENT, AND RELATED MAT4 TERS 

5 Subtitle A—Acquisition Policy and 

6 Management 

7 SEC. 801. PILOT EXEMPTION REGARDING TREATMENT OF 

8 PROCUREMENTS ON BEHALF OF THE DE9 PARTMENT OF DEFENSE IN ACCORDANCE 

10 WITH THE DEPARTMENT OF ENERGY’S WORK 

11 FOR OTHERS PROGRAM. 

12 (a) EXEMPTION FROM INSPECTOR GENERAL RE13 VIEWS AND DETERMINATIONS.—Subsection (a) of section 

14 801 of the National Defense Authorization Act for Fiscal 

15 Year 2008 (Public Law 110–181; 10 U.S.C. 2304 note) 

16 is amended by adding at the end the following new para17 graph: 

18 ‘‘(7) TREATMENT OF PROCUREMENTS

19 THROUGH DEPARTMENT OF ENERGY.—For purposes 

20 of this subsection, effective during the 24-month pe21 riod beginning on the date of the enactment of the 

22 National Defense Authorization Act for Fiscal Year 

23 2013, the procurement of property or services on be24 half of the Department of Defense pursuant to an 

25 interagency agreement between the Department of 


smartinez on DSK6TPTVN1PROD with BILLS
385 

HR 4310 RFS

1 Defense and the Department of Energy in accord2 ance with the Department of Energy’s Work For 

3 Others Program, under which the property or serv4 ices are provided by a management and operating 

5 contractor of the Department of Energy and are 

6 procured on behalf of the Department of Defense, 

7 shall not be considered a procurement of property or 

8 services on behalf of the Department of Defense by 

9 a covered non-defense agency.’’. 

10 (b) EXEMPTION FROM CERTAIN CERTIFICATION RE11 QUIREMENTS.—Subsection (b) of such section is amend12 ed— 

13 (1) in paragraph (1), by striking ‘‘paragraph 

14 (2)’’ and inserting ‘‘paragraphs (2) and (4)’’; and 

15 (2) by adding at the end the following new 

16 paragraph: 

17 ‘‘(4) EXCEPTION FOR PROCUREMENTS IN AC18 CORDANCE WITH THE DEPARTMENT OF ENERGY’S

19 WORK FOR OTHERS PROGRAM.—Effective during the 

20 24-month period beginning on the date of the enact21 ment of the National Defense Authorization Act for 

22 Fiscal Year 2013, the limitation in paragraph (1) 

23 shall not apply to the procurement of property or 

24 services on behalf of the Department of Defense 

25 pursuant to an interagency agreement between the 


smartinez on DSK6TPTVN1PROD with BILLS
386 

HR 4310 RFS

1 Department of Defense and the Department of En2 ergy in accordance with the Department of Energy’s 

3 Work for Others Program, under which the property 

4 or services are provided by a management and oper5 ating contractor of the Department of Energy and 

6 procured on behalf of the Department of Defense.’’. 

7 (c) CERTIFICATION.—Not later than 20 months after 

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

9 of Defense for Acquisition, Technology, and Logistics shall 

10 submit to the congressional defense committees the fol11 lowing: 

12 (1) A statement certifying whether the procure13 ment policies, procedures, and internal controls of 

14 the Department of Energy provide sufficient protec15 tion and oversight for Department of Defense funds 

16 expended through the Department of Energy Work 

17 for Others Program. 

18 (2) A recommendation regarding whether the 

19 pilot exemption granted by the amendments made by 

20 this section should be extended. 

21 SEC. 802. REQUIREMENTS RELATING TO CONTRACTS FOR 

22 PURCHASE OF HELICOPTERS FOR AFGHAN 

23 SECURITY FORCES. 

24 (a) REQUIREMENT FOR COMPETITIVELY BID CON25 TRACTS.—Subject to subsection (b), the Secretary of DeVerDate Mar 15 2010 01:00 Jun 20, 2012 Jkt 019200 PO 00000 Frm 00386 Fmt 6652 Sfmt 6201 E:\BILLS\H4310.RFS H4310

smartinez on DSK6TPTVN1PROD with BILLS
387 

HR 4310 RFS

1 fense shall award any contract that will use United States 

2 funds for the procurement of helicopters for the Afghan 

3 Security Forces using competitive procedures. 

4 (b) PROHIBITION ON CONTRACTING WITH CERTAIN

5 ENTITIES.—Notwithstanding subsection (a), the Sec6 retary of Defense may not award a contract, directly or 

7 indirectly, to any entity controlled, directed, or influenced 

8 by— 

9 (1) a country that has provided weapons to 

10 Syria at any time after the date of the enactment of 

11 the Syria Accountability and Lebanese Sovereignty 

12 Restoration Act of 2003 (Public Law 108–175); or 

13 (2) any country that is currently a state spon14 sor of terrorism. 

15 (c) STATE SPONSOR OF TERRORISM DEFINED.—In 

16 subsection (b), the term ‘‘state sponsor of terrorism’’ 

17 means any country the government of which the Secretary 

18 of State has determined has repeatedly provided support 

19 for acts of international terrorism pursuant to section 6(j) 

20 of the Export Administration Act of 1979, section 620A 

21 of the Foreign Assistance Act of 1961, or section 40 of 

22 the Arms Export Control Act. 

23 (d) EFFECTIVE DATE.—The requirement in sub24 section (a) shall apply to contracts awarded after the date 

25 of the enactment of this Act. 


smartinez on DSK6TPTVN1PROD with BILLS
388 

HR 4310 RFS

1 (e) NATIONAL SECURITY WAIVER AUTHORITY.—The 

2 Secretary of Defense may waive the applicability of this 

3 section if the Secretary determines such a waiver is nec4 essary in the national security interests of the United 

5 States. 

6 SEC. 803. PROHIBITION ON CONTRACTING WITH PERSONS 

7 THAT HAVE BUSINESS OPERATIONS WITH 

8 STATE SPONSORS OF TERRORISM. 

9 (a) PROHIBITION.—The Department of Defense may 

10 not enter into a contract for the procurement of goods 

11 or services with any person that has business operations 

12 with a state sponsor of terrorism. 

13 (b) DEFINITIONS.—In this section: 

14 (1) STATE SPONSOR OF TERRORISM.—The term 

15 ‘‘state sponsor of terrorism’’ means any country the 

16 government of which the Secretary of State has de17 termined has repeatedly provided support for acts of 

18 international terrorism pursuant to— 

19 (A) section 6(j) of the Export Administra20 tion Act of 1979 (50 U.S.C. App. 2405(j)) (as 

21 continued in effect pursuant to the Inter22 national Emergency Economic Powers Act); 

23 (B) section 620A of the Foreign Assistance 

24 Act of 1961 (22 U.S.C. 2371); or 


smartinez on DSK6TPTVN1PROD with BILLS
389 

HR 4310 RFS

1 (C) section 40 of the Arms Export Control 

2 Act (22 U.S.C. 2780). 

3 (2) BUSINESS OPERATIONS.—The term ‘‘busi4 ness operations’’ means engaging in commerce in 

5 any form, including acquiring, developing, maintain6 ing, owning, selling, possessing, leasing, or operating 

7 equipment, facilities, personnel, products, services, 

8 personal property, real property, or any other appa9 ratus of business or commerce. 

10 (3) PERSON.—The term ‘‘person’’ means— 

11 (A) a natural person, corporation, com12 pany, business association, partnership, society, 

13 trust, or any other nongovernmental entity, or14 ganization, or group; 

15 (B) any governmental entity or instrumen16 tality of a government, including a multilateral 

17 development institution (as defined in section 

18 1701(c)(3) of the International Financial Insti19 tutions Act (22 U.S.C. 262r(c)(3))); and 

20 (C) any successor, subunit, parent entity, 

21 or subsidiary of, or any entity under common 

22 ownership or control with, any entity described 

23 in subparagraph (A) or (B). 


smartinez on DSK6TPTVN1PROD with BILLS
390 

HR 4310 RFS

1 Subtitle B—Amendments to Gen2 eral Contracting Authorities, 

3 Procedures, and Limitations 

4 SEC. 811. MODIFICATION OF TIME PERIOD FOR CONGRES5 SIONAL NOTIFICATION OF THE LEASE OF 

6 CERTAIN VESSELS BY THE DEPARTMENT OF 

7 DEFENSE. 

8 Section 2401(h)(2) of title 10, United States Code, 

9 is amended by striking ‘‘30 days of continuous session of 

10 Congress’’ and inserting ‘‘60 days’’. 

11 SEC. 812. EXTENSION OF AUTHORITY FOR USE OF SIM12 PLIFIED ACQUISITION PROCEDURES FOR 

13 CERTAIN COMMERCIAL ITEMS. 

14 (a) EXTENSION.—Effective as of January 1, 2012, 

15 section 4202 of the Clinger–Cohen Act of 1996 (division 

16 D of Public Law 104–106; 110 Stat. 652; 10 U.S.C. 2304 

17 note) is amended in subsection (e) by striking ‘‘2012’’ and 

18 inserting ‘‘2015’’. 

19 (b) TECHNICAL AMENDMENT TO CROSS REF20 ERENCES.—Subsection (e) of such Act is further amended 

21 by striking ‘‘section 303(g)(1) of the Federal Property and 

22 Administrative Services Act of 1949, and section 31(a) of 

23 the Office of Federal Procurement Policy Act, as amended 

24 by this section,’’ and inserting ‘‘section 3305(a) of title 


smartinez on DSK6TPTVN1PROD with BILLS
391 

HR 4310 RFS

1 41, United States Code, and section 1901(a) of title 41, 

2 United States Code,’’. 

3 SEC. 813. CODIFICATION AND AMENDMENT RELATING TO 

4 LIFE-CYCLE MANAGEMENT AND PRODUCT 

5 SUPPORT REQUIREMENTS. 

6 (a) CODIFICATION AND AMENDMENT.— 

7 (1) IN GENERAL.—Chapter 137 of title 10, 

8 United States Code, is amended by adding at the 

9 end the following new section: 

10 ‘‘§ 2335. Life-cycle management and product support 

11 ‘‘(a) GUIDANCE ON LIFE-CYCLE MANAGEMENT.— 

12 The Secretary of Defense shall issue and maintain com13 prehensive guidance on life-cycle management and the de14 velopment and implementation of product support strate15 gies for major weapon systems. The guidance issued pur16 suant to this subsection shall— 

17 ‘‘(1) maximize competition and make the best 

18 possible use of available Department of Defense and 

19 industry resources at the system, subsystem, and 

20 component levels; and 

21 ‘‘(2) maximize value to the Department of De22 fense by providing the best possible product support 

23 outcomes at the lowest operations and support cost. 

24 ‘‘(b) PRODUCT SUPPORT MANAGERS.— 


smartinez on DSK6TPTVN1PROD with BILLS
392 

HR 4310 RFS

1 ‘‘(1) REQUIREMENT.—The Secretary of De2 fense shall require that each major weapon system 

3 be supported by a product support manager in ac4 cordance with this subsection. 

5 ‘‘(2) RESPONSIBILITIES.—A product support 

6 manager for a major weapon system shall— 

7 ‘‘(A) develop and implement a comprehen8 sive product support strategy for the weapon 

9 system; 

10 ‘‘(B) use advanced predictive analysis to 

11 the extent practicable to improve material avail12 ability and reliability, increase operational avail13 ability rates, and reduce operation and 

14 sustainment costs; 

15 ‘‘(C) conduct appropriate cost analyses to 

16 validate the product support strategy, including 

17 cost-benefit analyses as outlined in Office of 

18 Management and Budget Circular A–94; 

19 ‘‘(D) ensure achievement of desired prod20 uct support outcomes through development and 

21 implementation of appropriate product support 

22 arrangements; 

23 ‘‘(E) adjust performance requirements and 

24 resource allocations across product support in25 tegrators and product support providers as necVerDate Mar 15 2010 01:00 Jun 20, 2012 Jkt 019200 PO 00000 Frm 00392 Fmt 6652 Sfmt 6201 E:\BILLS\H4310.RFS H4310

smartinez on DSK6TPTVN1PROD with BILLS
393 

HR 4310 RFS

1 essary to optimize implementation of the prod2 uct support strategy; 

3 ‘‘(F) periodically review product support 

4 arrangements between the product support inte5 grators and product support providers to ensure 

6 the arrangements are consistent with the overall 

7 product support strategy; 

8 ‘‘(G) prior to each change in the product 

9 support strategy or every five years, whichever 

10 occurs first, revalidate any business-case anal11 ysis performed in support of the product sup12 port strategy; and 

13 ‘‘(H) ensure that the product support 

14 strategy maximizes small business participation 

15 at the appropriate tiers and apply the require16 ments of section 15(g) of the Small Business 

17 Act (15 U.S.C. 644(g)) in a manner that en18 sures that small business concerns are not inap19 propriately selected for performance as a prime 

20 contractor. 

21 ‘‘(c) DEFINITIONS.—In this section: 

22 ‘‘(1) PRODUCT SUPPORT.—The term ‘product 

23 support’ means the package of support functions re24 quired to field and maintain the readiness and oper25 ational capability of major weapon systems, subVerDate Mar 15 2010 01:00 Jun 20, 2012 Jkt 019200 PO 00000 Frm 00393 Fmt 6652 Sfmt 6201 E:\BILLS\H4310.RFS H4310

smartinez on DSK6TPTVN1PROD with BILLS
394 

HR 4310 RFS

1 systems, and components, including all functions re2 lated to weapon system readiness. 

3 ‘‘(2) PRODUCT SUPPORT ARRANGEMENT.—The 

4 term ‘product support arrangement’ means a con5 tract, task order, or any type of other contractual 

6 arrangement, or any type of agreement or non-con7 tractual arrangement within the Federal Govern8 ment, for the performance of sustainment or logis9 tics support required for major weapon systems, 

10 subsystems, or components. The term includes ar11 rangements for any of the following: 

12 ‘‘(A) Performance-based logistics. 

13 ‘‘(B) Sustainment support. 

14 ‘‘(C) Contractor logistics support. 

15 ‘‘(D) Life-cycle product support. 

16 ‘‘(E) Weapon systems product support. 

17 ‘‘(3) PRODUCT SUPPORT INTEGRATOR.—The 

18 term ‘product support integrator’ means an entity 

19 within the Federal Government or outside the Fed20 eral Government charged with integrating all sources 

21 of product support, both private and public, defined 

22 within the scope of a product support arrangement. 

23 ‘‘(4) PRODUCT SUPPORT PROVIDER.—The term 

24 ‘product support provider’ means an entity that pro25 vides product support functions. The term includes 


smartinez on DSK6TPTVN1PROD with BILLS
395 

HR 4310 RFS

1 an entity within the Department of Defense, an enti2 ty within the private sector, or a partnership be3 tween such entities. 

4 ‘‘(5) MAJOR WEAPON SYSTEM.—The term 

5 ‘major weapon system’ has the meaning given that 

6 term in section 2302d of this title. 

7 ‘‘(6) ADVANCED PREDICTIVE ANALYSIS.—The 

8 term ‘advanced predictive analysis’ means a type of 

9 analysis that applies advanced predictive modeling 

10 methodology to life-cycle management and product 

11 support by using event simulation to account for 

12 variations in asset demand over time, including 

13 events such as current equipment condition, planned 

14 usage, aging of parts, maintenance capacity and 

15 quality, and logistics response.’’. 

16 (2) CLERICAL AMENDMENT.—The table of sec17 tions at the beginning of chapter 137 of such title 

18 is amended by adding at the end the following new 

19 item: 

‘‘2335. Life-cycle management and product support.’’. 

20 (b) REPEAL OF SUPERSEDED SECTION.—Section 

21 805 of the National Defense Authorization Act for Fiscal 

22 Year 2010 (Public Law 111–84; 10 U.S.C. 2302) is re23 pealed. 


smartinez on DSK6TPTVN1PROD with BILLS
396 

HR 4310 RFS

1 SEC. 814. CODIFICATION OF REQUIREMENT RELATING TO 

2 GOVERNMENT PERFORMANCE OF CRITICAL 

3 ACQUISITION FUNCTIONS. 

4 (a) CODIFICATION.— 

5 (1) IN GENERAL.—Subchapter I of chapter 87 

6 of title 10, United States Code, is amended by add7 ing at the end the following new section: 

8 ‘‘§ 1706. Government performance of certain acquisi9 tion functions 

10 ‘‘(a) GOAL.—It shall be the goal of the Department 

11 of Defense and each of the military departments to ensure 

12 that, for each major defense acquisition program and each 

13 major automated information system program, each of the 

14 following positions is performed by a properly qualified 

15 member of the armed forces or full-time employee of the 

16 Department of Defense: 

17 ‘‘(1) Program manager. 

18 ‘‘(2) Deputy program manager. 

19 ‘‘(3) Product support manager. 

20 ‘‘(4) Chief engineer. 

21 ‘‘(5) Systems engineer. 

22 ‘‘(6) Chief developmental tester. 

23 ‘‘(7) Cost estimator. 

24 ‘‘(b) PLAN OF ACTION.—The Secretary of Defense 

25 shall develop and implement a plan of action for recruit26 ing, training, and ensuring appropriate career developVerDate Mar 15 2010 01:00 Jun 20, 2012 Jkt 019200 PO 00000 Frm 00396 Fmt 6652 Sfmt 6201 E:\BILLS\H4310.RFS H4310

smartinez on DSK6TPTVN1PROD with BILLS
397 

HR 4310 RFS

1 ment of military and civilian personnel to achieve the ob2 jective established in subsection (a). 

3 ‘‘(c) DEFINITIONS.—In this section: 

4 ‘‘(1) The term ‘major defense acquisition pro5 gram’ has the meaning given such term in section 

6 2430(a) of this title. 

7 ‘‘(2) The term ‘major automated information 

8 system program’ has the meaning given such term 

9 in section 2445a(a) of this title.’’. 

10 (2) CLERICAL AMENDMENT.—The table of sec11 tions at the beginning of such subchapter is amend12 ed by adding at the end the following new item: 

‘‘1706. Government performance of certain acquisition functions.’’. 

13 (b) REPEAL OF SUPERSEDED SECTION.—Section 

14 820 of the John Warner National Defense Authorization 

15 Act for Fiscal Year 2007 (Public Law 109–364; 10 U.S.C. 

16 1701 note) is repealed. 

17 SEC. 815. LIMITATION ON FUNDING PENDING CERTIFI18 CATION OF IMPLEMENTATION OF REQUIRE19 MENTS FOR COMPETITION. 

20 (a) LIMITATION ON FUNDING FOR CERTAIN OF21 FICES.—Of the funds authorized to be appropriated for 

22 fiscal year 2013 as specified in the funding table in section 

23 4301, not more than 80 percent of the funds authorized 

24 for the Office of the Secretary of Defense may be obligated 


smartinez on DSK6TPTVN1PROD with BILLS
398 

HR 4310 RFS

1 or expended until the certification described in subsection 

2 (b) is submitted. 

3 (b) CERTIFICATION REQUIRED.—The Secretary of 

4 Defense shall certify to the congressional defense commit5 tees that the Department of Defense is implementing the 

6 requirements of section 202(d) of the Weapon Systems 

7 Acquisition Reform Act of 2009 (Public Law 111–23; 10 

8 U.S.C. 2430 note). Such a certification shall be accom9 panied by— 

10 (1) a briefing to the congressional defense com11 mittees on processes and procedures that have been 

12 implemented across the military departments and 

13 Defense Agencies to maximize competition through14 out the life-cycle of major defense acquisition pro15 grams, including actions to award contracts for per16 formance of maintenance and sustainment of major 

17 weapon systems or subsystems and components of 

18 such systems; and 

19 (2) a representative sample of solicitations 

20 issued since May 22, 2009, intended to fulfill the ob21 jectives of such section 202(d). 


smartinez on DSK6TPTVN1PROD with BILLS
399 

HR 4310 RFS

1 SEC. 816. CONTRACTOR RESPONSIBILITIES IN REGULA2 TIONS RELATING TO DETECTION AND AVOID3 ANCE OF COUNTERFEIT ELECTRONIC PARTS. 

4 Section 818(c)(2)(B) of the National Defense Au5 thorization Act for Fiscal Year 2012 (Public Law 112– 

6 81; 125 Stat. 1493; 10 U.S.C. 2302 note) is amended to 

7 read as follows: 

8 ‘‘(B) the cost of counterfeit electronic 

9 parts and suspect counterfeit electronic parts 

10 and the cost of rework or corrective action that 

11 may be required to remedy the use or inclusion 

12 of such parts are not allowable costs under De13 partment contracts, unless— 

14 ‘‘(i) the covered contractor has an 

15 operational system to detect and avoid 

16 counterfeit parts and suspect counterfeit 

17 electronic parts that has been reviewed and 

18 approved by the Department of Defense 

19 pursuant to subsection (e)(2)(B); 

20 ‘‘(ii) the counterfeit electronic parts or 

21 suspect counterfeit electronic parts were— 

22 ‘‘(I) procured from a trusted sup23 plier in accordance with regulations 

24 described in paragraph (3); or 

25 ‘‘(II) provided to the contractor 

26 as Government property in accordance 


smartinez on DSK6TPTVN1PROD with BILLS
400 

HR 4310 RFS

1 with part 45 of the Federal Acquisi2 tion Regulation; and 

3 ‘‘(iii) the covered contractor provides 

4 timely notice to the Government pursuant 

5 to paragraph (4).’’. 

6 SEC. 817. ADDITIONAL DEFINITION RELATING TO PRODUC7 TION OF SPECIALTY METALS WITHIN THE 

8 UNITED STATES. 

9 Section 2533b(m) of title 10, United States Code, is 

10 amended by adding at the end the following new para11 graph: 

12 ‘‘(11) The term ‘produced’, as used in sub13 sections (a) and (b), means melted, or processed in 

14 a manner that results in physical or chemical prop15 erty changes that are the equivalent of melting. The 

16 term does not include finishing processes such as 

17 rolling, heat treatment, quenching, tempering, grind18 ing, or shaving.’’. 

19 SEC. 818. ASSESSMENT AND REPORT RELATING TO INFRA20 RED TECHNOLOGY SECTORS. 

21 (a) ASSESSMENT.—The Secretary of Defense, in con22 junction with the sector-by-sector, tier-by-tier review con23 ducted by the Deputy Assistant Secretary of Defense for 

24 Manufacturing and Industrial Base Policy, shall conduct 

25 an assessment of the health and status of various national 


smartinez on DSK6TPTVN1PROD with BILLS
401 

HR 4310 RFS

1 defense infrared technology sectors, including technology 

2 such as focal plane arrays sensitive to infrared wave3 lengths, read-out integrate circuits, cryogenic coolers, 

4 Dewar technology, infrared sensor engine assemblies, and 

5 infrared imaging systems. 

6 (b) REPORT.—The Secretary of Defense shall submit 

7 to the congressional defense committees a report on the 

8 findings of the assessment within 90 days after the date 

9 of the enactment of this Act. 

10 SEC. 819. COMPLIANCE WITH BERRY AMENDMENT RE11 QUIRED FOR UNIFORM COMPONENTS SUP12 PLIED TO AFGHAN MILITARY OR AFGHAN NA13 TIONAL POLICE. 

14 (a) REQUIREMENT.—In the case of any textile com15 ponents supplied by the Department of Defense to the Af16 ghan National Army or the Afghan National Police for 

17 purposes of production of uniforms, section 2533a of title 

18 10, United States Code, shall apply, and no exceptions or 

19 exemptions under that section shall apply. 

20 (b) EFFECTIVE DATE.—This section shall apply to 

21 solicitations issued and contracts awarded for the procure22 ment of such components after the date of the enactment 

23 of this Act. 


smartinez on DSK6TPTVN1PROD with BILLS
402 

HR 4310 RFS

1 Subtitle C—Provisions Relating to 

2 Contracts in Support of Contin3 gency Operations in Iraq or Af4 ghanistan 

5 SEC. 821. EXTENSION AND EXPANSION OF AUTHORITY TO 

6 ACQUIRE PRODUCTS AND SERVICES PRO7 DUCED IN COUNTRIES ALONG A MAJOR 

8 ROUTE OF SUPPLY TO AFGHANISTAN. 

9 (a) EXTENSION OF TERMINATION DATE.—Sub10 section (f) of section 801 of the National Defense Author11 ization Act for Fiscal Year 2010 (Public Law 111–84; 123 

12 Stat. 2399) is amended by striking ‘‘on or after the date 

13 occurring three years after the date of the enactment of 

14 this Act’’ and inserting ‘‘after December 31, 2014’’. 

15 (b) EXPANSION OF AUTHORITY TO COVER FORCES

16 OF THE UNITED STATES AND COALITION FORCES.—Sub17 section (b)(1) of such section is amended— 

18 (1) in subparagraph (B), by striking ‘‘or’’ at 

19 the end; 

20 (2) in subparagraph (C), by adding ‘‘or’’ at the 

21 end; and 

22 (3) by adding at the end the following: 

23 ‘‘(D) by the United States or coalition 

24 forces in Afghanistan if the product or service 

25 is from a country that has agreed to allow the 


smartinez on DSK6TPTVN1PROD with BILLS
403 

HR 4310 RFS

1 transport of coalition personnel, equipment, and 

2 supplies;’’. 

3 (c) LIMITATION.—Such section is amended— 

4 (1) by redesignating subsections (d), (e), (f), 

5 and (g) as subsections (e), (f), (g), and (h), respec6 tively; and 

7 (2) by inserting after subsection (c) the fol8 lowing: 

9 ‘‘(d) LIMITATION.—The Secretary may not use the 

10 authority provided in subsection (a) to procure goods or 

11 services from Pakistan until such time as the Government 

12 of Pakistan agrees to re-open the Ground Lines of Com13 munication for the movement of United States equipment 

14 and supplies through Pakistan.’’. 

15 (d) REPEAL OF EXPIRED REPORT REQUIREMENT.— 

16 Subsection (h) of such section, as redesignated by sub17 section (c) of this section, is repealed. 

18 (e) CLERICAL AMENDMENT.—The heading of such 

19 section is amended by striking ‘‘; REPORT’’. 

20 SEC. 822. LIMITATION ON AUTHORITY TO ACQUIRE PROD21 UCTS AND SERVICES PRODUCED IN AFGHANI22 STAN. 

23 Section 886 of the National Defense Authorization 

24 Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 

25 266; 10 U.S.C. 2302 note) is amended— 


smartinez on DSK6TPTVN1PROD with BILLS
404 

HR 4310 RFS

1 (1) in the section heading, by striking ‘‘IRAQ

2 AND’’; 

3 (2) by striking ‘‘Iraq or’’ each place it appears; 

4 and 

5 (3) in subsection (b)— 

6 (A) by inserting ‘‘(A)’’ after ‘‘(1)’’; 

7 (B) in paragraph (2)— 

8 (i) by redesignating clauses (i) and 

9 (ii) of subparagraph (B) as subclauses (I) 

10 and (II), respectively, and in subclause 

11 (II), as so redesignated, by striking the pe12 riod at the end and inserting ‘‘; and’’; 

13 (ii) by redesignating subparagraphs 

14 (A) and (B) as clauses (i) and (ii), respec15 tively; and 

16 (iii) by striking ‘‘(2)’’ and inserting 

17 ‘‘(B)’’; and 

18 (C) by adding at the end the following new 

19 paragraph (2): 

20 ‘‘(2) the Government of Afghanistan is not tax21 ing assistance provided by the United States to Af22 ghanistan in violation of any bilateral or other 

23 agreement with the United States.’’. 


smartinez on DSK6TPTVN1PROD with BILLS
405 

HR 4310 RFS

1 Subtitle D—Other Matters 

2 SEC. 831. ENHANCEMENT OF REVIEW OF ACQUISITION 

3 PROCESS FOR RAPID FIELDING OF CAPABILI4 TIES IN RESPONSE TO URGENT OPER5 ATIONAL NEEDS. 

6 Section 804(b)(3) of the Ike Skelton National De7 fense Authorization Act for Fiscal Year 2011 (Public Law 

8 111–383; 124 Stat. 4256; 10 U.S.C. 2302 note) is amend9 ed— 

10 (1) by inserting ‘‘and’’ at the end of subpara11 graph (B); 

12 (2) by striking ‘‘; and’’ at the end of subpara13 graph (C) and inserting a period; and 

14 (3) by striking subparagraph (D). 

15 SEC. 832. LOCATION OF CONTRACTOR-OPERATED CALL 

16 CENTERS IN THE UNITED STATES. 

17 The Secretary of Defense shall ensure that any call 

18 center operated pursuant to a contract entered into by the 

19 Secretary or by the head of any of the military depart20 ments is located in the United States. 


smartinez on DSK6TPTVN1PROD with BILLS
406 

HR 4310 RFS

1 SEC. 833. CONSIDERATION AND VERIFICATION OF INFOR2 MATION RELATING TO EFFECT ON DOMESTIC 

3 EMPLOYMENT OF AWARD OF DEFENSE CON4 TRACTS. 

5 (a) IN GENERAL.—Section 2305(a) of title 10, 

6 United States Code, is amended by adding at the end the 

7 following new paragraph: 

8 ‘‘(6)(A) The head of an agency, in issuing a so9 licitation for competitive proposals, shall state in the 

10 solicitation that the agency may consider informa11 tion (in this paragraph referred to as a ‘jobs impact 

12 statement’) that the offeror may include in its offer 

13 related to the effects on employment within the 

14 United States of the contract if it is awarded to the 

15 offeror. 

16 ‘‘(B) The information that may be included in 

17 a jobs impact statement may include the following: 

18 ‘‘(i) The number of jobs expected to be 

19 created in the United States, or the number of 

20 jobs retained that otherwise would be lost, if 

21 the contract is awarded to the offeror. 

22 ‘‘(ii) The number of jobs created or re23 tained in the United States by the subcontrac24 tors expected to be used by the offeror in the 

25 performance of the contract. 


smartinez on DSK6TPTVN1PROD with BILLS
407 

HR 4310 RFS

1 ‘‘(iii) A guarantee from the offeror that 

2 jobs created or retained in the United States 

3 will not be moved outside the United States 

4 after award of the contract. 

5 ‘‘(C) The contracting officer may consider the 

6 information in the jobs impact statement in the eval7 uation of the offer. 

8 ‘‘(D) The agency may request further informa9 tion from the offeror in order to verify the accuracy 

10 of the information in the jobs impact statement. 

11 ‘‘(E) In the case of a contract awarded to an 

12 offeror that submitted a jobs impact statement with 

13 the offer for the contract, the agency shall, not later 

14 than six months after the award of the contract and 

15 annually thereafter for the duration of the contract 

16 or contract extension, assess the accuracy of the jobs 

17 impact statement. 

18 ‘‘(F) The Secretary of Defense shall submit to 

19 Congress an annual report on the frequency of use 

20 within the Department of Defense of jobs impact 

21 statements in the evaluation of competitive pro22 posals.’’. 

23 (b) REVISION OF FEDERAL ACQUISITION REGULA24 TION.—The Federal Acquisition Regulation shall be re25 vised to implement the amendment made by this section. 


smartinez on DSK6TPTVN1PROD with BILLS
408 

HR 4310 RFS

1 SEC. 834. ENERGY SAVINGS PERFORMANCE CONTRACT RE2 PORT. 

3 Not later than June 30, 2013, the Secretary of the 

4 Army, the Secretary of the Navy, and the Secretary of 

5 the Air Force shall each submit to the congressional de6 fense committees a report on the use of energy savings 

7 performance contracts by the Department of the Army, 

8 the Department of the Navy, and the Department of the 

9 Air Force, respectively, including each of the following: 

10 (1) The amount of appropriated funds that 

11 have been obligated or expended and that are ex12 pected to be obligated or expended for energy sav13 ings performance contracts. 

14 (2) The amount of such funds that have been 

15 used for comprehensive retrofits. 

16 (3) The amount of such funds that have been 

17 used to leverage private sector capital, including the 

18 amount of such capital. 

19 SEC. 835. REQUIREMENT TO INCLUDE TRAFFICKING IN 

20 PERSONS IN PERFORMANCE ASSESSMENTS 

21 OF DEFENSE CONTRACTORS. 

22 (a) PERFORMANCE ASSESSMENTS TO INCLUDE

23 EVALUATION OF TRAFFICKING IN PERSONS.—With re24 spect to any performance assessment of a defense con25 tractor or subcontractor of such a contractor, or any labor 

26 recruiter, broker, or other agent used by the contractor 


smartinez on DSK6TPTVN1PROD with BILLS
409 

HR 4310 RFS

1 or subcontractor, the Secretary of Defense shall include 

2 an evaluation of trafficking in persons. 

3 (b) TRAFFICKING IN PERSONS DEFINED.—In this 

4 section, the term ‘‘trafficking in persons’’ has the meaning 

5 provided the term ‘‘severe form of trafficking in persons’’ 

6 in section 103 of the Trafficking Victims Protection Act 

7 of 2000 (22 U.S.C. 7102). 

8 TITLE IX—DEPARTMENT OF DE9 FENSE ORGANIZATION AND 

10 MANAGEMENT 

11 Subtitle A—Department of Defense 

12 Management 

13 SEC. 901. ADDITIONAL DUTIES OF DEPUTY ASSISTANT SEC14 RETARY OF DEFENSE FOR MANUFACTURING 

15 AND INDUSTRIAL BASE POLICY AND AMEND16 MENTS TO STRATEGIC MATERIALS PROTEC17 TION BOARD. 

18 (a) FINDINGS.—Congress finds the following: 

19 (1) The Defense Logistics Agency has made lit20 tle progress in addressing the findings and rec21 ommendations from the April 2009 report of the De22 partment of Defense report titled ‘‘Reconfiguration 

23 of the National Defense Stockpile Report to Con24 gress’’. 


smartinez on DSK6TPTVN1PROD with BILLS
410 

HR 4310 RFS

1 (2) The office of the Deputy Assistant Sec2 retary of Defense for Manufacturing and Industrial 

3 Base Policy has historically analyzed the United 

4 States defense industrial base from the point of view 

5 of prime contractors and original equipment manu6 facturers and has provided insufficient attention to 

7 producers of materials critical to national security, 

8 including raw materials producers. 

9 (3) Responsibility for the secure supply of ma10 terials critical to national security, which supports 

11 the defense industrial base, is decentralized through12 out the Department of Defense. 

13 (4) The office of the Deputy Assistant Sec14 retary of Defense for Manufacturing and Industrial 

15 Base Policy should expand its focus to consider both 

16 a top-down view of the supply chain, beginning with 

17 prime contractors, and a bottom-up view that begins 

18 with raw materials suppliers. 

19 (5) To enable this focus and support a more co20 herent, comprehensive strategy as it pertains to ma21 terials critical to national security, the office of the 

22 Deputy Assistant Secretary of Defense for Manufac23 turing and Industrial Base Policy should develop 

24 policy, conduct oversight, and monitor resource allo25 cation for agencies of the Department of Defense, 


smartinez on DSK6TPTVN1PROD with BILLS
411 

HR 4310 RFS

1 including the Defense Logistics Agency, for all ac2 tivities that pertain to ensuring a secure supply of 

3 materials critical to national security. 

4 (6) The Strategic Materials Protection Board 

5 should be reconfigured so as to be chaired by the 

6 Deputy Assistant Secretary of Defense for Manufac7 turing and Industrial Base Policy and should fully 

8 execute its duties and responsibilities. 

9 (b) APPOINTMENT OF DEPUTY ASSISTANT SEC10 RETARY.—Section 139c(a) of title 10, United States Code, 

11 is amended by striking ‘‘appointed by’’ and all that follows 

12 through the end of the subsection and inserting ‘‘ap13 pointed by the Secretary of Defense.’’. 

14 (c) RESPONSIBILITIES OF DEPUTY ASSISTANT SEC15 RETARY.—Section 139c(b) of such title is amended— 

16 (1) by striking paragraphs (1) through (4) and 

17 inserting the following: 

18 ‘‘(1) Providing input to strategy reviews, in19 cluding quadrennial defense reviews conducted pur20 suant to section 118 of this title, on matters related 

21 to— 

22 ‘‘(A) the defense industrial base; and 

23 ‘‘(B) materials critical to national security. 

24 ‘‘(2) Establishing policies of the Department of 

25 Defense for developing and maintaining the defense 


smartinez on DSK6TPTVN1PROD with BILLS
412 

HR 4310 RFS

1 industrial base of the United States and ensuring a 

2 secure supply of materials critical to national secu3 rity. 

4 ‘‘(3) Providing recommendations to the Under 

5 Secretary on budget matters pertaining to the indus6 trial base, the supply chain, and the development 

7 and retention of skills necessary to support the in8 dustrial base. 

9 ‘‘(4) Providing recommendations and acquisi10 tion policy guidance to the Under Secretary on sup11 ply chain management and supply chain vulner12 ability throughout the entire supply chain, from sup13 pliers of raw materials to producers of major end 

14 items.’’. 

15 (2) by striking paragraph (5) and redesignating 

16 paragraphs (6), (7), (8), (9), and (10) as para17 graphs (5), (6), (7), (8), and (9), respectively; 

18 (3) by inserting after paragraph (9), as so re19 designated, the following new paragraph (10): 

20 ‘‘(10) Providing policy and oversight of matters 

21 related to materials critical to national security to 

22 ensure a secure supply of such materials to the De23 partment of Defense.’’. 

24 (4) by redesignating paragraph (15) as para25 graph (18); and 


smartinez on DSK6TPTVN1PROD with BILLS
413 

HR 4310 RFS

1 (5) by inserting after paragraph (14) the fol2 lowing new paragraphs: 

3 ‘‘(15) Coordinating with the Director of Small 

4 Business Programs on all matters related to indus5 trial base policy of the Department of Defense. 

6 ‘‘(16) Ensuring reliable sources of materials 

7 critical to national security, such as specialty metals, 

8 armor plate, and rare earth elements. 

9 ‘‘(17) Establishing policies of the Department 

10 of Defense for continued reliable resource availability 

11 from domestic sources and allied nations for the in12 dustrial base of the United States.’’. 

13 (d) MATERIALS CRITICAL TO NATIONAL SECURITY

14 DEFINED.—Section 139c of such title is further amended 

15 by adding at the end the following new subsection: 

16 ‘‘(d) MATERIALS CRITICAL TO NATIONAL SECURITY

17 DEFINED.—In this section, the term ‘materials critical to 

18 national security’ has the meaning given that term in sec19 tion 187(e)(1) of this title.’’. 

20 (e) AMENDMENTS TO STRATEGIC MATERIALS PRO21 TECTION BOARD.— 

22 (1) MEMBERSHIP.—Paragraph (2) of section 

23 187(a) of such title is amended to read as follows: 

24 ‘‘(2) The Board shall be composed of the following: 


smartinez on DSK6TPTVN1PROD with BILLS
414 

HR 4310 RFS

1 ‘‘(A) The Deputy Assistant Secretary of De2 fense for Manufacturing and Industrial Base Policy, 

3 who shall be the chairman of the Board. 

4 ‘‘(B) The Administrator of the Defense Logis5 tics Agency Strategic Materials, or any successor or6 ganization, who shall be the vice chairman of the 

7 Board. 

8 ‘‘(C) A designee of the Assistant Secretary of 

9 the Army for Acquisition, Logistics, and Technology. 

10 ‘‘(D) A designee of the Assistant Secretary of 

11 the Navy for Research, Development, and Acquisi12 tion. 

13 ‘‘(E) A designee of the Assistant Secretary of 

14 the Air Force for Acquisition.’’. 

15 (2) DUTIES.—Paragraphs (3) and (4) of sec16 tion 187(b) of such title are each amended by strik17 ing ‘‘President’’ and inserting ‘‘Secretary’’. 

18 (3) MEETINGS.—Section 187(c) of such title is 

19 amended by striking ‘‘Secretary of Defense’’ and in20 serting ‘‘Deputy Assistant Secretary of Defense for 

21 Manufacturing and Industrial Base Policy’’. 

22 (4) REPORTS.—Section 187(d) of such title is 

23 amended to read as follows: 

24 ‘‘(d) REPORTS.—(1) After each meeting of the 

25 Board, the Board shall prepare a report containing the 


smartinez on DSK6TPTVN1PROD with BILLS
415 

HR 4310 RFS

1 results of the meeting and such recommendations as the 

2 Board determines appropriate. The Secretary of each mili3 tary department shall review and comment on the report. 

4 ‘‘(2) Each such report shall be published in the Fed5 eral Register and subsequently submitted to the congres6 sional defense committees, together with public comments 

7 and comments and recommendations from the Secretary 

8 of Defense, not later than 90 days after the meeting cov9 ered by the report.’’. 

10 SEC. 902. REQUIREMENT FOR FOCUS ON URGENT OPER11 ATIONAL NEEDS AND RAPID ACQUISITION. 

12 (a) DESIGNATION OF SENIOR OFFICIAL RESPON13 SIBLE FOR FOCUS ON URGENT OPERATIONAL NEEDS

14 AND RAPID ACQUISITION.— 

15 (1) IN GENERAL.—The Secretary of Defense, 

16 after consultation with the Secretaries of the mili17 tary departments, shall designate a senior official in 

18 the Office of the Secretary of Defense as the prin19 cipal official of the Department of Defense respon20 sible for leading the Department’s actions on urgent 

21 operational needs and rapid acquisition, in accord22 ance with this section. 

23 (2) STAFF AND RESOURCES.—The Secretary 

24 shall assign to the senior official designated under 

25 paragraph (1) appropriate staff and resources necVerDate Mar 15 2010 01:00 Jun 20, 2012 Jkt 019200 PO 00000 Frm 00415 Fmt 6652 Sfmt 6201 E:\BILLS\H4310.RFS H4310

smartinez on DSK6TPTVN1PROD with BILLS
416 

HR 4310 RFS

1 essary to carry out the official’s functions under this 

2 section. 

3 (b) RESPONSIBILITIES.—The senior official des4 ignated under subsection (a) shall be responsible for the 

5 following: 

6 (1) Acting as an advocate within the Depart7 ment of Defense for issues related to the Depart8 ment’s ability to rapidly respond to urgent oper9 ational needs, including programs funded and car10 ried out by the military departments. 

11 (2) Improving visibility of urgent operational 

12 needs throughout the Department, including across 

13 the military departments, the Defense Agencies, and 

14 all other entities and processes in the Department 

15 that address urgent operational needs. 

16 (3) Ensuring that tools and mechanisms are 

17 used to track, monitor, and manage the status of ur18 gent operational needs within the Department, from 

19 validation through procurement and fielding, includ20 ing a formal feedback mechanism for the armed 

21 forces to provide information on how well fielded so22 lutions are meeting urgent operational needs. 

23 (c) URGENT OPERATIONAL NEEDS DEFINED.—In 

24 this section, the term ‘‘urgent operational needs’’ means 

25 capabilities that are determined by the Secretary of DeVerDate Mar 15 2010 01:00 Jun 20, 2012 Jkt 019200 PO 00000 Frm 00416 Fmt 6652 Sfmt 6201 E:\BILLS\H4310.RFS H4310

smartinez on DSK6TPTVN1PROD with BILLS
417 

HR 4310 RFS

1 fense, pursuant to the review process required by section 

2 804(b) of the Ike Skelton National Defense Authorization 

3 Act for Fiscal Year 2011 (10 U.S.C. 2302 note), to be 

4 suitable for rapid fielding in response to urgent oper5 ational needs. 

6 SEC. 903. DESIGNATION OF DEPARTMENT OF DEFENSE 

7 SENIOR OFFICIAL FOR ENTERPRISE RE8 SOURCE PLANNING SYSTEM DATA CONVER9 SION. 

10 Not later than 90 days after the date of the enact11 ment of this Act, the Secretary of Defense shall— 

12 (1) designate a senior official of the Depart13 ment of Defense as the official with principal re14 sponsibility for coordination and management over15 sight of data conversion for all enterprise resource 

16 planning systems of the Department; and 

17 (2) set forth the responsibilities of that senior 

18 official with respect to such data conversion. 

19 SEC. 904. ADDITIONAL RESPONSIBILITIES AND RESOURCES 

20 FOR DEPUTY ASSISTANT SECRETARY OF DE21 FENSE FOR DEVELOPMENTAL TEST AND 

22 EVALUATION. 

23 (a) SUPERVISION.—Section 139b(a)(3) of title 10, 

24 United States Code, is amended by striking ‘‘to the Under 

25 Secretary’’ before the period and inserting ‘‘directly to the 


smartinez on DSK6TPTVN1PROD with BILLS
418 

HR 4310 RFS

1 Under Secretary, without the interposition of any other 

2 supervising official’’. 

3 (b) CONCURRENT SERVICE.—Section 139b(a)(7) of 

4 such title is amended by striking ‘‘may’’ and inserting 

5 ‘‘shall’’. 

6 (c) RESOURCES.—Section 139b(a) of such title is 

7 amended by adding at the end the following new para8 graph: 

9 ‘‘(8) RESOURCES.— 

10 ‘‘(A) The President shall include in the 

11 budget transmitted to Congress, pursuant to 

12 section 1105 of title 31, for each fiscal year, a 

13 separate statement of estimated expenditures 

14 and proposed appropriations for the fiscal year 

15 for the activities of the Deputy Assistant Sec16 retary of Defense for Developmental Test and 

17 Evaluation in carrying out the duties and re18 sponsibilities of the Deputy Assistant Secretary 

19 under this section. 

20 ‘‘(B) The Deputy Assistant Secretary of 

21 Defense for Developmental Test and Evaluation 

22 shall have sufficient professional staff of mili23 tary and civilian personnel to enable the Deputy 

24 Assistant Secretary to carry out the duties and 

25 responsibilities prescribed by law. The resources 


smartinez on DSK6TPTVN1PROD with BILLS
419 

HR 4310 RFS

1 for the Deputy Assistant Secretary shall be 

2 comparable to the resources, including Senior 

3 Executive Service positions, other civilian posi4 tions, and military positions, available to the 

5 Director of Operational Test and Evaluation.’’. 

6 (d) ANNUAL REPORT.—Section 139b(d) of such title 

7 is amended— 

8 (1) in the subsection heading, by striking 

9 ‘‘JOINT’’; 

10 (2) by redesignating paragraphs (1), (2), (3), 

11 and (4) as subparagraphs (A), (B), (C), and (D), re12 spectively; 

13 (3) by inserting ‘‘(1)’’ before ‘‘Not later than 

14 March 31’’; 

15 (4) in the matter appearing before subpara16 graph (A), as so redesignated, by striking ‘‘jointly’’ 

17 and inserting ‘‘each’’; and 

18 (5) by adding at the end the following new 

19 paragraph: 

20 ‘‘(2) With respect to the report required under para21 graph (1) by the Deputy Assistant Secretary of Defense 

22 for Developmental Test and Evaluation— 

23 ‘‘(A) the report shall include a separate section 

24 that covers the activities of the Department of De25 fense Test Resource Management Center (estabVerDate Mar 15 2010 01:00 Jun 20, 2012 Jkt 019200 PO 00000 Frm 00419 Fmt 6652 Sfmt 6201 E:\BILLS\H4310.RFS H4310

smartinez on DSK6TPTVN1PROD with BILLS
420 

HR 4310 RFS

1 lished under section 196 of this title) during the pre2 ceding year; and 

3 ‘‘(B) the report shall be transmitted to the 

4 Under Secretary of Defense for Acquisition, Tech5 nology, and Logistics at the same time it is sub6 mitted to the congressional defense committees.’’. 

7 SEC. 905. REDESIGNATION OF THE DEPARTMENT OF THE 

8 NAVY AS THE DEPARTMENT OF THE NAVY 

9 AND MARINE CORPS. 

10 (a) REDESIGNATION OF THE DEPARTMENT OF THE

11 NAVY AS THE DEPARTMENT OF THE NAVY AND MARINE

12 CORPS.— 

13 (1) REDESIGNATION OF MILITARY DEPART14 MENT.—The military department designated as the 

15 Department of the Navy is redesignated as the De16 partment of the Navy and Marine Corps. 

17 (2) REDESIGNATION OF SECRETARY AND

18 OTHER STATUTORY OFFICES.— 

19 (A) SECRETARY.—The position of the Sec20 retary of the Navy is redesignated as the Sec21 retary of the Navy and Marine Corps. 

22 (B) OTHER STATUTORY OFFICES.—The 

23 positions of the Under Secretary of the Navy, 

24 the four Assistant Secretaries of the Navy, and 

25 the General Counsel of the Department of the 


smartinez on DSK6TPTVN1PROD with BILLS
421 

HR 4310 RFS

1 Navy are redesignated as the Under Secretary 

2 of the Navy and Marine Corps, the Assistant 

3 Secretaries of the Navy and Marine Corps, and 

4 the General Counsel of the Department of the 

5 Navy and Marine Corps, respectively. 

6 (b) CONFORMING AMENDMENTS TO TITLE 10, 

7 UNITED STATES CODE.— 

8 (1) DEFINITION OF ‘‘MILITARY DEPART9 MENT’’.—Paragraph (8) of section 101(a) of title 

10 10, United States Code, is amended to read as fol11 lows: 

12 ‘‘(8) The term ‘military department’ means the 

13 Department of the Army, the Department of the 

14 Navy and Marine Corps, and the Department of the 

15 Air Force.’’. 

16 (2) ORGANIZATION OF DEPARTMENT.—The text 

17 of section 5011 of such title is amended to read as 

18 follows: ‘‘The Department of the Navy and Marine 

19 Corps is separately organized under the Secretary of 

20 the Navy and Marine Corps.’’. 

21 (3) POSITION OF SECRETARY.—Section 

22 5013(a)(1) of such title is amended by striking 

23 ‘‘There is a Secretary of the Navy’’ and inserting 

24 ‘‘There is a Secretary of the Navy and Marine 

25 Corps’’. 


smartinez on DSK6TPTVN1PROD with BILLS
422 

HR 4310 RFS

1 (4) CHAPTER HEADINGS.— 

2 (A) The heading of chapter 503 of such 

3 title is amended to read as follows: 

4 ‘‘CHAPTER 503—DEPARTMENT OF THE 

5 NAVY AND MARINE CORPS’’. 

6 (B) The heading of chapter 507 of such 

7 title is amended to read as follows: 

8 ‘‘CHAPTER 507—COMPOSITION OF THE DE9 PARTMENT OF THE NAVY AND MARINE 

10 CORPS’’. 

11 (5) OTHER AMENDMENTS.— 

12 (A) Title 10, United States Code, is 

13 amended by striking ‘‘Department of the Navy’’ 

14 and ‘‘Secretary of the Navy’’ each place they 

15 appear other than as specified in paragraphs 

16 (1), (2), (3), and (4) (including in section head17 ings, subsection captions, tables of chapters, 

18 and tables of sections) and inserting ‘‘Depart19 ment of the Navy and Marine Corps’’ and ‘‘Sec20 retary of the Navy and Marine Corps’’, respec21 tively, in each case with the matter inserted to 

22 be in the same typeface and typestyle as the 

23 matter stricken. 

24 (B)(i) Sections 5013(f), 5014(b)(2), 

25 5016(a), 5017(2), 5032(a), and 5042(a) of 


smartinez on DSK6TPTVN1PROD with BILLS
423 

HR 4310 RFS

1 such title are amended by striking ‘‘Assistant 

2 Secretaries of the Navy’’ and inserting ‘‘Assist3 ant Secretaries of the Navy and Marine Corps’’. 

4 (ii) The heading of section 5016 of such 

5 title, and the item relating to such section in 

6 the table of sections at the beginning of chapter 

7 503 of such title, are each amended by insert8 ing ‘‘and Marine Corps’’ after ‘‘of the Navy’’, 

9 with the matter inserted in each case to be in 

10 the same typeface and typestyle as the matter 

11 amended. 

12 (c) OTHER PROVISIONS OF LAW AND OTHER REF13 ERENCES.— 

14 (1) TITLE 37, UNITED STATES CODE.—Title 37, 

15 United States Code, is amended by striking ‘‘De16 partment of the Navy’’ and ‘‘Secretary of the Navy’’ 

17 each place they appear and inserting ‘‘Department 

18 of the Navy and Marine Corps’’ and ‘‘Secretary of 

19 the Navy and Marine Corps’’, respectively. 

20 (2) OTHER REFERENCES.—Any reference in 

21 any law other than in title 10 or title 37, United 

22 States Code, or in any regulation, document, record, 

23 or other paper of the United States, to the Depart24 ment of the Navy shall be considered to be a ref25 erence to the Department of the Navy and Marine 


smartinez on DSK6TPTVN1PROD with BILLS
424 

HR 4310 RFS

1 Corps. Any such reference to an office specified in 

2 subsection (a)(2) shall be considered to be a ref3 erence to that office as redesignated by that section. 

4 (d) EFFECTIVE DATE.—This section and the amend5 ments made by this section shall take effect on the first 

6 day of the first month beginning more than 60 days after 

7 the date of the enactment of this Act. 

8 Subtitle B—Space Activities 

9 SEC. 911. ANNUAL ASSESSMENT OF THE SYNCHRONI10 ZATION OF SEGMENTS IN SPACE PROGRAMS 

11 THAT ARE MAJOR DEFENSE ACQUISITION 

12 PROGRAMS. 

13 (a) ANNUAL ASSESSMENT.—Not later than 180 days 

14 after the date of the enactment of this Act, and annually 

15 thereafter for five years, the Under Secretary of Defense 

16 for Acquisition, Technology, and Logistics shall annually 

17 submit to the congressional defense committees an assess18 ment of the synchronization of the operability of the pro19 gram segments of each space program that is a major de20 fense acquisition program. 

21 (b) CONTENTS.—Each assessment required under 

22 subsection (a) shall include— 

23 (1) a description of the intended primary capa24 bilities of each space program that is a major de25 fense acquisition program and the level of operability 


smartinez on DSK6TPTVN1PROD with BILLS
425 

HR 4310 RFS

1 of each program segment of such space program at 

2 the time of such assessment; 

3 (2) a schedule for the deployment of such in4 tended primary capabilities of such space program in 

5 each such program segment and in such space pro6 gram as a whole; 

7 (3) for each such space program for which a 

8 primary capability of such program will be operable 

9 by one program segment at least one year after the 

10 date on which such capability is operable by another 

11 program segment— 

12 (A) an explanation of the reasons that 

13 such primary capability will be operable by one 

14 program segment at least one year after the 

15 date such capability is operable by another pro16 gram segment; and 

17 (B) an identification of the steps the De18 partment is taking to improve the alignment of 

19 when the program segments become operable 

20 and the related challenges, costs, and risks; and 

21 (4) a description of the impact on the mission 

22 of such space program caused by such primary capa23 bility being operable by one program segment at 

24 least one year after the date such capability is oper25 able by another program segment. 


smartinez on DSK6TPTVN1PROD with BILLS
426 

HR 4310 RFS

1 (c) DEFINITIONS.—In this section: 

2 (1) MAJOR DEFENSE ACQUISITION PROGRAM

3 DEFINED.—The term ‘‘major defense acquisition 

4 program’’ has the meaning given the term in section 

5 2430 of title 10, United States Code. 

6 (2) PROGRAM SEGMENT.—The term ‘‘program 

7 segment’’ means, with respect to a space program 

8 that is a major defense acquisition program, the fol9 lowing segments: 

10 (A) The portion of such program that is 

11 satellite-based. 

12 (B) The portion of such program that is 

13 ground-based. 

14 (C) The portion of such program that is 

15 operated by the end-user. 

16 SEC. 912. REPORT ON OVERHEAD PERSISTENT INFRARED 

17 TECHNOLOGY. 

18 (a) SENSE OF CONGRESS.—It is the sense of Con19 gress that— 

20 (1) there are significant investments in over21 head persistent infrared technology that span mul22 tiple agencies and support a variety of missions, in23 cluding missile warning, missile defense, battle space 

24 awareness, and technical intelligence; and 


smartinez on DSK6TPTVN1PROD with BILLS
427 

HR 4310 RFS

1 (2) further efforts should be made to fully ex2 ploit overhead persistent infrared sensor data. 

3 (b) REPORT.—Not later than 270 days after the date 

4 of the enactment of this Act, the Secretary of Defense, 

5 in consultation with the Director of National Intelligence, 

6 shall submit to the congressional defense committees, the 

7 Permanent Select Committee on Intelligence of the House 

8 of Representatives, and the Select Committee on Intel9 ligence of the Senate a report on overhead persistent infra10 red technology that includes— 

11 (1) an assessment of whether there are further 

12 opportunities for the Department of Defense and the 

13 intelligence community (as defined in section 3(4) of 

14 the National Security Act of 1947 (50 U.S.C. 

15 401a(4))) to capitalize on increased data sharing, 

16 fusion, interoperability, and exploitation; and 

17 (2) recommendations on how to better coordi18 nate the efforts by the Department and the intel19 ligence community to exploit overhead persistent in20 frared sensor data. 

21 (c) COMPTROLLER GENERAL ASSESSMENT.—Not 

22 later than 90 days after the date on which the Secretary 

23 of Defense submits the report required under subsection 

24 (b), the Comptroller General of the United States shall 

25 submit to the congressional defense committees an assessVerDate Mar 15 2010 01:00 Jun 20, 2012 Jkt 019200 PO 00000 Frm 00427 Fmt 6652 Sfmt 6201 E:\BILLS\H4310.RFS H4310

smartinez on DSK6TPTVN1PROD with BILLS
428 

HR 4310 RFS

1 ment of the report required under subsection (b), includ2 ing— 

3 (1) an assessment of whether such report is 

4 comprehensive, fully supported, and sufficiently de5 tailed; and 

6 (2) an identification of any shortcomings, limi7 tations, or other reportable matters that affect the 

8 quality or findings of the report required under sub9 section (b). 

10 SEC. 913. PROHIBITION ON USE OF FUNDS TO IMPLEMENT 

11 INTERNATIONAL AGREEMENT ON SPACE AC12 TIVITIES THAT HAS NOT BEEN RATIFIED BY 

13 THE SENATE OR AUTHORIZED BY STATUTE. 

14 (a) PROHIBITION.—None of the funds authorized to 

15 be appropriated by this Act or any other Act may be used 

16 by the Secretary of Defense or the Director of National 

17 Intelligence to limit the activities of the Department of 

18 Defense or the intelligence community (as defined in sec19 tion 3(4) of the National Security Act of 1947 (50 U.S.C. 

20 401a(4))) in outer space to implement or comply with an 

21 international agreement concerning outer space activities 

22 unless such agreement is ratified by the Senate or author23 ized by statute. 

24 (b) REPORT ON INTERNATIONAL AGREEMENT NEGO25 TIATIONS.— 


smartinez on DSK6TPTVN1PROD with BILLS
429 

HR 4310 RFS

1 (1) REPORT REQUIRED.—Not later than 90 

2 days after the date of the enactment of this Act, and 

3 every 90 days thereafter, the Secretary of State and 

4 the Secretary of Defense shall submit to the appro5 priate congressional committees a report on the 

6 progress of negotiations on an international agree7 ment concerning outer space activities. Such report 

8 shall include a description of which foreign countries 

9 have agreed to sign such an international agreement 

10 and any implications that the draft of the agreement 

11 being negotiated may have on both classified and un12 classified military and intelligence activities of the 

13 United States in outer space. 

14 (2) FORM.— 

15 (A) UNCLASSIFIED.—Except as provided 

16 in subparagraph (B), each report required 

17 under paragraph (1) shall be submitted in un18 classified form. 

19 (B) CLASSIFIED ANNEX.—The Secretary 

20 of Defense may submit to the Committee on 

21 Armed Services and the Permanent Select Com22 mittee on Intelligence of the House of Rep23 resentatives and the Committee on Armed Serv24 ices and the Select Committee on Intelligence of 

25 the Senate a classified annex to a report reVerDate Mar 15 2010 01:00 Jun 20, 2012 Jkt 019200 PO 00000 Frm 00429 Fmt 6652 Sfmt 6201 E:\BILLS\H4310.RFS H4310

smartinez on DSK6TPTVN1PROD with BILLS
430 

HR 4310 RFS

1 quired under paragraph (1) containing any clas2 sified information required to be submitted for 

3 such report. 

4 (3) TERMINATION DATE.—The requirement to 

5 submit a report under paragraph (1) shall cease to 

6 apply on the date on which the President submits to 

7 the appropriate congressional committees a certifi8 cation that the United States is no longer involved 

9 in negotiations on an international agreement con10 cerning outer space activities. 

11 (4) APPROPRIATE CONGRESSIONAL COMMIT12 TEES.—In this subsection, the term ‘‘appropriate 

13 congressional committees’’ means— 

14 (A) the Committee on Armed Services, the 

15 Permanent Select Committee on Intelligence, 

16 the Committee on Foreign Affairs, and the 

17 Committee on Science, Space, and Technology 

18 of the House of Representatives; and 

19 (B) the Committee on Armed Services, the 

20 Select Committee on Intelligence, the Com21 mittee on Foreign Relations, and the Com22 mittee on Commerce, Science, and Transpor23 tation of the Senate. 

24 (c) REPORT ON FOREIGN COUNTER-SPACE PRO25 GRAMS.— 


smartinez on DSK6TPTVN1PROD with BILLS
431 

HR 4310 RFS

1 (1) REPORT REQUIRED.—Chapter 135 of title 

2 10, United States Code, is amended by adding at 

3 the end the following new section: 

4 ‘‘§ 2275. Report on foreign counter-space programs 

5 ‘‘(a) REPORT REQUIRED.—Not later than January 1 

6 of each year, the Secretary of Defense shall submit to Con7 gress a report on the counter-space programs of foreign 

8 countries. 

9 ‘‘(b) CONTENTS.—Each report required under sub10 section (a) shall include— 

11 ‘‘(1) an explanation of whether any foreign 

12 country has a counter-space program that could be 

13 a threat to the national security or commercial space 

14 systems of the United States; and 

15 ‘‘(2) the name of each country with a counter16 space program described in paragraph (1). 

17 ‘‘(c) FORM.— 

18 ‘‘(1) IN GENERAL.—Except as provided in para19 graphs (2) and (3), each report required under sub20 section (a) shall be submitted in unclassified form. 

21 ‘‘(2) CLASSIFIED ANNEX.—The Secretary of 

22 Defense may submit to the covered congressional 

23 committees a classified annex to a report required 

24 under subsection (a) containing any classified infor25 mation required to be submitted for such report. 


smartinez on DSK6TPTVN1PROD with BILLS
432 

HR 4310 RFS

1 ‘‘(3) FOREIGN COUNTRY NAMES.— 

2 ‘‘(A) UNCLASSIFIED FORM.—Subject to 

3 subparagraph (B), each report required under 

4 subsection (a) shall include the information re5 quired under subsection (b)(2) in unclassified 

6 form. 

7 ‘‘(B) NATIONAL SECURITY WAIVER.—The 

8 Secretary of Defense may waive the require9 ment under subparagraph (A) if the Secretary 

10 determines it is in the interests of national se11 curity to waive such requirement and submits 

12 to Congress an explanation of why the Sec13 retary waived such requirement. 

14 ‘‘(d) PROHIBITION ON USE OF FUNDS FOR NON15 COMPLIANCE.—If in any fiscal year the Secretary of De16 fense does not submit a report required under subsection 

17 (a) on or before the date on which such report is required 

18 to be submitted, none of the funds authorized to be appro19 priated by any Act for such fiscal year for activities of 

20 the Department of Defense may be used for travel related 

21 to the negotiation of an international agreement con22 cerning outer space activities until such report is sub23 mitted. 

24 ‘‘(e) COVERED CONGRESSIONAL COMMITTEES DE25 FINED.—In this section, the term ‘covered congressional 


smartinez on DSK6TPTVN1PROD with BILLS
433 

HR 4310 RFS

1 committees’ means the Committee on Armed Services and 

2 the Permanent Select Committee on Intelligence of the 

3 House of Representatives and the Committee on Armed 

4 Services and the Select Committee on Intelligence of the 

5 Senate.’’. 

6 (2) CLERICAL AMENDMENT.—The table of sec7 tions at the beginning of chapter 135 of title 10, 

8 United States Code, is amended by adding at the 

9 end the following new item: 

‘‘2275. Report on foreign counter-space programs.’’. 

10 SEC. 914. ASSESSMENT OF FOREIGN COMPONENTS AND 

11 THE SPACE LAUNCH CAPABILITY OF THE 

12 UNITED STATES. 

13 (a) ASSESSMENT.—The Secretary of the Air Force 

14 shall enter into an agreement with a federally funded re15 search and development center to conduct an independent 

16 assessment of the national security implications of con17 tinuing to use foreign component and propulsion systems 

18 for the launch vehicles under the evolved expendable 

19 launch vehicle program. 

20 (b) REPORT.—Not later than 180 days after the date 

21 of the enactment of this Act, the federally funded research 

22 and development center shall submit to the congressional 

23 defense committees a report on the assessment conducted 

24 under subsection (a). 


smartinez on DSK6TPTVN1PROD with BILLS
434 

HR 4310 RFS

1 SEC. 915. REPORT ON COUNTER SPACE TECHNOLOGY. 

2 (a) REPORT.—Not later than one year after the date 

3 of the enactment of this Act, and annually thereafter for 

4 two years, the Secretary of Defense shall submit to the 

5 congressional defense committees, the Committee on For6 eign Affairs of the House of Representatives, and the 

7 Committee on Foreign Relations of the Senate a report 

8 based on all available information describing key space 

9 technologies that could be used, or are being sought, by 

10 a foreign country with a counter space or ballistic missile 

11 program, and should be subject to export controls by the 

12 United States or an ally of the United States, as appro13 priate. 

14 (b) FORM.—Each report required under subsection 

15 (a) shall be submitted in unclassified form, but may in16 clude a classified annex. 

17 SEC. 916. COMMERCIAL SPACE LAUNCH COOPERATION. 

18 (a) IN GENERAL.—Chapter 135 of title 10, United 

19 States Code, is amended by adding at the end the fol20 lowing new section: 

21 ‘‘§ 2276. Commercial space launch cooperation 

22 ‘‘(a) AUTHORITY.—The Secretary of Defense may 

23 take such actions as the Secretary considers to be in the 

24 best interest of the Federal Government to— 

25 ‘‘(1) maximize the use of the capacity of the 

26 space transportation infrastructure of the DepartVerDate Mar 15 2010 01:00 Jun 20, 2012 Jkt 019200 PO 00000 Frm 00434 Fmt 6652 Sfmt 6201 E:\BILLS\H4310.RFS H4310

smartinez on DSK6TPTVN1PROD with BILLS
435 

HR 4310 RFS

1 ment of Defense by the private sector in the United 

2 States; 

3 ‘‘(2) maximize the effectiveness and efficiency 

4 of the space transportation infrastructure of the De5 partment of Defense; 

6 ‘‘(3) reduce the cost of services provided by the 

7 Department of Defense related to space transpor8 tation infrastructure at launch support facilities and 

9 space recovery support facilities; 

10 ‘‘(4) encourage commercial space activities by 

11 enabling investment by covered entities in the space 

12 transportation infrastructure of the Department of 

13 Defense; and 

14 ‘‘(5) foster cooperation between the Department 

15 of Defense and covered entities. 

16 ‘‘(b) AUTHORITY FOR CONTRACTS AND OTHER

17 AGREEMENTS RELATING TO SPACE TRANSPORTATION IN18 FRASTRUCTURE.—The Secretary of Defense— 

19 ‘‘(1) may enter into an agreement with a cov20 ered entity to provide the covered entity with sup21 port and services related to the space transportation 

22 infrastructure of the Department of Defense; and 

23 ‘‘(2) upon the request of such covered entity, 

24 may include such support and services in the space 


smartinez on DSK6TPTVN1PROD with BILLS
436 

HR 4310 RFS

1 launch and reentry range support requirements of 

2 the Department of Defense if— 

3 ‘‘(A) the Secretary determines that the in4 clusion of such support and services in such re5 quirements— 

6 ‘‘(i) is in the best interest of the Fed7 eral Government; 

8 ‘‘(ii) does not interfere with the re9 quirements of the Department of Defense; 

10 and 

11 ‘‘(iii) does not compete with the com12 mercial space activities of other covered en13 tities, unless that competition is in the na14 tional security interests of the United 

15 States; and 

16 ‘‘(B) any commercial requirement included 

17 in the agreement has full non-Federal funding 

18 before the execution of the agreement. 

19 ‘‘(c) CONTRIBUTIONS.— 

20 ‘‘(1) IN GENERAL.—The Secretary of Defense 

21 may enter into an agreement with a covered entity 

22 on a cooperative and voluntary basis to accept con23 tributions of funds, services, and equipment to carry 

24 out this section. 


smartinez on DSK6TPTVN1PROD with BILLS
437 

HR 4310 RFS

1 ‘‘(2) USE OF CONTRIBUTIONS.—Any funds, 

2 services, or equipment accepted by the Secretary 

3 under this subsection— 

4 ‘‘(A) may be used only for the objectives 

5 specified in this section in accordance with 

6 terms of use set forth in the agreement entered 

7 into under this subsection; and 

8 ‘‘(B) shall be managed by the Secretary in 

9 accordance with regulations of the Department 

10 of Defense. 

11 ‘‘(3) REQUIREMENTS WITH RESPECT TO

12 AGREEMENTS.—An agreement entered into with a 

13 covered entity under this subsection— 

14 ‘‘(A) shall address the terms of use, owner15 ship, and disposition of the funds, services, or 

16 equipment contributed pursuant to the agree17 ment; and 

18 ‘‘(B) shall include a provision that the cov19 ered entity will not recover the costs of its con20 tribution through any other agreement with the 

21 United States. 

22 ‘‘(d) DEFENSE COOPERATION SPACE LAUNCH AC23 COUNT.— 

24 ‘‘(1) ESTABLISHMENT.—There is established in 

25 the Treasury of the United States a special account 


smartinez on DSK6TPTVN1PROD with BILLS
438 

HR 4310 RFS

1 to be known as the ‘Defense Cooperation Space 

2 Launch Account’. 

3 ‘‘(2) CREDITING OF FUNDS.—Funds received 

4 by the Secretary of Defense under subsection (c) 

5 shall be credited to the Defense Cooperation Space 

6 Launch Account. 

7 ‘‘(3) USE OF FUNDS.—Funds deposited in the 

8 Defense Cooperation Space Launch Account under 

9 paragraph (2) are authorized to be appropriated and 

10 shall be available for obligation only to the extent 

11 provided in advance in an appropriation Act for 

12 costs incurred by the Department of Defense in car13 rying out subsection (b). Funds in the Account shall 

14 remain available until expended. 

15 ‘‘(e) ANNUAL REPORT.—Not later than January 31 

16 of each year, the Secretary of Defense shall submit to the 

17 congressional defense committees a report on the funds, 

18 services, and equipment accepted and used by the Sec19 retary under this section during the preceding fiscal year. 

20 ‘‘(f) REGULATIONS.—The Secretary of Defense shall 

21 prescribe regulations to carry out this section. 

22 ‘‘(g) DEFINITIONS.—In this section: 

23 ‘‘(1) COVERED ENTITY.—The term ‘covered en24 tity’ means a non-Federal entity that— 


smartinez on DSK6TPTVN1PROD with BILLS
439 

HR 4310 RFS

1 ‘‘(A) is organized under the laws of the 

2 United States or of any jurisdiction within the 

3 United States; and 

4 ‘‘(B) is engaged in commercial space ac5 tivities. 

6 ‘‘(2) LAUNCH SUPPORT FACILITIES.—The term 

7 ‘launch support facilities’ has the meaning given the 

8 term in section 50501(7) of title 51. 

9 ‘‘(3) SPACE RECOVERY SUPPORT FACILITIES.— 

10 The term ‘space recovery support facilities’ has the 

11 meaning given the term in section 50501(11) of title 

12 51. 

13 ‘‘(4) SPACE TRANSPORTATION INFRASTRUC14 TURE.—The term ‘space transportation infrastruc15 ture’ has the meaning given that term in section 

16 50501(12) of title 51.’’. 

17 (b) CLERICAL AMENDMENT.—The table of sections 

18 at the beginning of such chapter is amended by adding 

19 at the end the following new item: 

‘‘2276. Commercial space launch cooperation.’’. 


smartinez on DSK6TPTVN1PROD with BILLS
440 

HR 4310 RFS

1 Subtitle C—Intelligence-Related 

2 Activities 

3 SEC. 921. AUTHORITY TO PROVIDE GEOSPATIAL INTEL4 LIGENCE SUPPORT TO CERTAIN SECURITY 

5 ALLIANCES AND REGIONAL ORGANIZATIONS. 

6 (a) AUTHORIZATION.—Section 443(a) of title 10, 

7 United States Code, is amended— 

8 (1) by striking ‘‘The Director’’ and inserting 

9 ‘‘(1) Subject to paragraph (2), the Director’’; 

10 (2) by striking ‘‘foreign countries’’ and insert11 ing ‘‘foreign countries, regional organizations with 

12 defense or security components, and security alli13 ances of which the United States is a member’’; and 

14 (3) by adding at the end the following new 

15 paragraph: 

16 ‘‘(2) In each case in which the Director of the Na17 tional Geospatial-Intelligence Agency provides imagery in18 telligence or geospatial information support to a regional 

19 organization or security alliance under paragraph (1), the 

20 Director shall— 

21 ‘‘(A) ensure that such intelligence and such 

22 support are not provided by such regional organiza23 tion or such security alliance to any other person or 

24 entity; 


smartinez on DSK6TPTVN1PROD with BILLS
441 

HR 4310 RFS

1 ‘‘(B) notify the congressional defense commit2 tees, the Permanent Select Committee on Intel3 ligence of the House of Representatives, and the Se4 lect Committee on Intelligence of the Senate, that 

5 the Director has provided such intelligence or such 

6 support; and 

7 ‘‘(C) coordinate the provision of such intel8 ligence and such support with the commander of the 

9 appropriate combatant command.’’. 

10 (b) CLERICAL AMENDMENTS.— 

11 (1) SECTION HEADING.—The heading of section 

12 443 of title 10, United States Code, is amended by 

13 striking ‘‘foreign countries’’ and inserting 

14 ‘‘foreign countries, regional organiza15 tions, and security alliances’’. 

16 (2) TABLE OF SECTIONS.—The table of sections 

17 at the beginning of chapter 22 of title 10, United 

18 States Code, is amended by striking the item relat19 ing to section 443 and inserting the following new 

20 item: 

‘‘443. Imagery intelligence and geospatial information: support for foreign countries, regional organizations, and security alliances.’’. 


smartinez on DSK6TPTVN1PROD with BILLS
442 

HR 4310 RFS

1 SEC. 922. TECHNICAL AMENDMENTS TO REFLECT CHANGE 

2 IN NAME OF NATIONAL DEFENSE INTEL3 LIGENCE COLLEGE TO NATIONAL INTEL4 LIGENCE UNIVERSITY. 

5 (a) CONFORMING AMENDMENTS TO REFLECT NAME

6 CHANGE.—Section 2161 of title 10, United States Code, 

7 is amended by striking ‘‘National Defense Intelligence 

8 College’’ each place it appears and inserting ‘‘National In9 telligence University’’. 

10 (b) CLERICAL AMENDMENTS.— 

11 (1) SECTION HEADING.—The heading of such 

12 section is amended to read as follows: 

13 ‘‘§ 2161. Degree granting authority for National Intel14 ligence University’’. 

15 (2) TABLE OF SECTIONS.—The item related to 

16 such section in the table of sections at the beginning 

17 of chapter 108 of such title is amended to read as 

18 follows: 

‘‘2161. Degree granting authority for National Intelligence University.’’. 

19 Subtitle D—Total Force 

20 Management 

21 SEC. 931. LIMITATION ON CERTAIN FUNDING UNTIL CER22 TIFICATION THAT INVENTORY OF CON23 TRACTS FOR SERVICES HAS BEGUN. 

24 (a) LIMITATION ON FUNDING FOR CERTAIN OF25 FICES.—Of the funds authorized to be appropriated for 


smartinez on DSK6TPTVN1PROD with BILLS
443 

HR 4310 RFS

1 fiscal year 2013 as specified in the funding table in section 

2 4301, not more than 80 percent of the funds authorized 

3 for the Office of the Under Secretary of Defense for Ac4 quisition, Technology, and Logistics; the Office of the As5 sistant Secretary of the Navy for Research, Development, 

6 and Acquisition; and the Office of the Assistant Secretary 

7 of the Air Force for Acquisition may be obligated or ex8 pended until the certification described in subsection (c) 

9 is submitted. 

10 (b) LIMITATION ON FUNDING FOR OTHER CON11 TRACTS.—Of the funds authorized for other contracts or 

12 other services to be appropriated for fiscal year 2013 as 

13 specified in the funding table in section 4301, not more 

14 than 80 percent of the funds authorized for the Office of 

15 the Secretary of Defense, the Department of the Navy, 

16 and the Department of the Air Force may be obligated 

17 or expended until the certification described in subsection 

18 (c) is submitted. 

19 (c) CERTIFICATION.—The certification described in 

20 this subsection is a certification in writing submitted to 

21 the congressional defense committees and made by the 

22 Secretary of Defense that the collection of data for pur23 poses of meeting the requirements of section 2330a of title 

24 10, United States Code, has begun. 


smartinez on DSK6TPTVN1PROD with BILLS
444 

HR 4310 RFS

1 (d) DEFINITION.—In this section, the term ‘‘other 

2 contracts or other services’’ means funding described in 

3 line 0989 within Exhibit OP–32 of the justification mate4 rials accompanying the President’s budget request for fis5 cal year 2013. 

6 SEC. 932. REQUIREMENT TO ENSURE SUFFICIENT LEVELS 

7 OF GOVERNMENT MANAGEMENT, CONTROL, 

8 AND OVERSIGHT OF FUNCTIONS CLOSELY AS9 SOCIATED WITH INHERENTLY GOVERN10 MENTAL FUNCTIONS. 

11 Section 129a of title 10, United States Code, is 

12 amended— 

13 (1) in subparagraph (B) of subsection (f)(3), by 

14 inserting after ‘‘Government’’ the following: ‘‘man15 agement, control, and’’; and 

16 (2) by adding at the end the following new sub17 section: 

18 ‘‘(g) REQUIREMENT FOR MANAGEMENT, CONTROL, 

19 AND OVERSIGHT OR APPROPRIATE CORRECTIVE AC20 TIONS.—For purposes of subsection (f)(3)(B), if insuffi21 cient levels of Government management, control, and over22 sight are found, the Secretary of the military department 

23 or head of the Defense agency responsible shall provide 

24 such management, control, and oversight or take appro25 priate corrective actions, including potential conversion to 


smartinez on DSK6TPTVN1PROD with BILLS
445 

HR 4310 RFS

1 Government performance, consistent with this section and 

2 sections 129 and 2463 of this title.’’. 

3 SEC. 933. SPECIAL MANAGEMENT ATTENTION REQUIRED 

4 FOR CERTAIN FUNCTIONS IDENTIFIED IN IN5 VENTORY OF CONTRACTS FOR SERVICES. 

6 Subparagraph (C) of section 2330a(e)(2) of title 10, 

7 United States Code, is amended to read as follows: 

8 ‘‘(C) special management attention is 

9 being given to functions identified in the inven10 tory as being closely associated with inherently 

11 governmental functions; and’’. 

12 Subtitle E—Cyberspace-Related 

13 Matters 

14 SEC. 941. MILITARY ACTIVITIES IN CYBERSPACE. 

15 Section 954 of the National Defense Authorization 

16 Act for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 

17 1551) is amended to read as follows: 

18 ‘‘SEC. 954. MILITARY ACTIVITIES IN CYBERSPACE. 

19 ‘‘(a) AFFIRMATION.—Congress affirms that the Sec20 retary of Defense is authorized to conduct military activi21 ties in cyberspace. 

22 ‘‘(b) AUTHORITY DESCRIBED.—The authority re23 ferred to in subsection (a) includes the authority to carry 

24 out a clandestine operation in cyberspace— 


smartinez on DSK6TPTVN1PROD with BILLS
446 

HR 4310 RFS

1 ‘‘(1) in support of a military operation pursuant 

2 to the Authorization for Use of Military Force (50 

3 U.S.C. 1541 note; Public Law 107–40) against a 

4 target located outside of the United States; or 

5 ‘‘(2) to defend against a cyber attack against 

6 an asset of the Department of Defense. 

7 ‘‘(c) RULE OF CONSTRUCTION REGARDING AUTHOR8 ITY IN CYBERSPACE.—Nothing in this section shall be 

9 construed to limit the authority of the Secretary of De10 fense to conduct military activities in cyberspace. 

11 ‘‘(d) RULE OF CONSTRUCTION REGARDING COVERT

12 ACTIONS.—Nothing in this section shall be construed to 

13 authorize a covert action (as defined in section 503(e) of 

14 the National Security Act of 1947 (50 U.S.C. 413b(e))) 

15 or modify the requirements of section 503 of such Act (50 

16 U.S.C. 413b). 

17 ‘‘(e) CONGRESSIONAL NOTIFICATION.—Consistent 

18 with, and in addition to, any other reporting requirements 

19 under law, the Secretary of Defense shall ensure that the 

20 congressional intelligence committees (as defined in sec21 tion 3(7) of the National Security Act of 1947 (50 U.S.C. 

22 401a(7))) are kept fully and currently informed of any in23 telligence or intelligence-related activities undertaken in 

24 support of military activities in cyberspace.’’. 


smartinez on DSK6TPTVN1PROD with BILLS
447 

HR 4310 RFS

1 SEC. 942. QUARTERLY CYBER OPERATIONS BRIEFINGS. 

2 (a) BRIEFINGS.—Chapter 23 of title 10, United 

3 States Code, is amended by inserting after section 483 the 

4 following new section: 

5 ‘‘§ 484. Quarterly cyber operations briefings 

6 ‘‘The Secretary of Defense shall provide to the Com7 mittees on Armed Services of the House of Representa8 tives and the Senate quarterly briefings on all offensive 

9 and significant defensive military operations in cyberspace 

10 carried out by the Department of Defense during the im11 mediately preceding quarter.’’. 

12 (b) INITIAL BRIEFING.—The first briefing required 

13 under section 484 of title 10, United States Code, as 

14 added by subsection (a), shall be provided not later than 

15 March 1, 2013. 

16 (c) CLERICAL AMENDMENT.—The table of sections 

17 at the beginning of chapter 23 of title 10, United States 

18 Code, is amended by inserting after the item relating to 

19 section 483 the following new item: 

‘‘484. Quarterly cyber operations briefings.’’. 

20 Subtitle F—Other Matters 

21 SEC. 951. ADVICE ON MILITARY REQUIREMENTS BY CHAIR22 MAN OF JOINT CHIEFS OF STAFF AND JOINT 

23 REQUIREMENTS OVERSIGHT COUNCIL. 

24 (a) AMENDMENTS RELATED TO CHAIRMAN OF JOINT

25 CHIEFS OF STAFF.—Section 153(a)(4) of title 10, United 


smartinez on DSK6TPTVN1PROD with BILLS
448 

HR 4310 RFS

1 States Code, is amended by striking subparagraph (F) 

2 and inserting the following new subparagraphs: 

3 ‘‘(F) Identifying, assessing, and approving 

4 military requirements (including existing sys5 tems and equipment) to meet the national mili6 tary strategy. 

7 ‘‘(G) Recommending to the Secretary ap8 propriate trade-offs among life-cycle cost, 

9 schedule, and performance objectives to ensure 

10 that such trade-offs are made in the acquisition 

11 of materiel and equipment to meet military re12 quirements in a manner that best supports the 

13 strategic and contingency plans required by 

14 subsection (a).’’. 

15 (b) AMENDMENTS RELATED TO JROC.—Section 

16 181(b) of such title is amended— 

17 (1) in paragraph (1)(C), by striking ‘‘in ensur18 ing’’ and all that follows through ‘‘requirements’’ 

19 and inserting the following: ‘‘in ensuring that appro20 priate trade-offs are made among life-cycle cost, 

21 schedule, and performance objectives in the acquisi22 tion of materiel and equipment to meet military re23 quirements’’; and 


smartinez on DSK6TPTVN1PROD with BILLS
449 

HR 4310 RFS

1 (2) in paragraph (3), by striking ‘‘such resource 

2 level’’ and inserting ‘‘the total cost of such re3 sources’’. 

4 (c) AMENDMENTS RELATED CHIEFS OF ARMED

5 FORCES.—Section 2547(a) of such title is amended— 

6 (1) in paragraph (1), by striking ‘‘of require7 ments relating to the defense acquisition system’’ 

8 and inserting ‘‘and certification of requirements for 

9 equipping the armed force concerned’’; 

10 (2) by redesignating paragraphs (3) and (4) as 

11 paragraphs (5) and (6), respectively; and 

12 (3) by inserting after paragraph (2) the fol13 lowing new paragraphs: 

14 ‘‘(3) The recommendation of trade-offs among 

15 life-cycle cost, schedule, and performance objectives 

16 to ensure acquisition programs to equip the armed 

17 force concerned deliver best value. 

18 ‘‘(4) Termination of development or procure19 ment programs that fail to meet life-cycle cost, 

20 schedule, and performance objectives.’’. 


smartinez on DSK6TPTVN1PROD with BILLS
450 

HR 4310 RFS

1 SEC. 952. EXPANSION OF PERSONS ELIGIBLE FOR EXPE2 DITED FEDERAL HIRING FOLLOWING COM3 PLETION OF NATIONAL SECURITY EDU4 CATION PROGRAM SCHOLARSHIP. 

5 Section 802(k) of the David L. Boren National Secu6 rity Education Act of 1991 (50 U.S.C. 1902(k)) is amend7 ed to read as follows: 

8 ‘‘(k) EMPLOYMENT OF PROGRAM PARTICIPANTS.— 

9 ‘‘(1) APPOINTMENT AUTHORITY.—The Sec10 retary of Defense, the Secretary of Homeland Secu11 rity, the Secretary of State, or the head of a Federal 

12 agency or office identified by the Secretary of De13 fense under subsection (g) as having national secu14 rity responsibilities— 

15 ‘‘(A) may, without regard to any provision 

16 of title 5 governing appointments in the com17 petitive service, appoint an eligible program 

18 participant— 

19 ‘‘(i) to a position in the excepted serv20 ice that is certified by the Secretary of De21 fense under clause (i) of subsection 

22 (b)(2)(A) as contributing to the national 

23 security of the United States; or 

24 ‘‘(ii) subject to clause (ii) of such sub25 section, to a position in the excepted servVerDate Mar 15 2010 01:00 Jun 20, 2012 Jkt 019200 PO 00000 Frm 00450 Fmt 6652 Sfmt 6201 E:\BILLS\H4310.RFS H4310

smartinez on DSK6TPTVN1PROD with BILLS
451 

HR 4310 RFS

1 ice in such Federal agency or office identi2 fied by the Secretary; and 

3 ‘‘(B) may, upon satisfactory completion of 

4 two years of substantially continuous service by 

5 an incumbent who was appointed to an ex6 cepted service position under the authority of 

7 subparagraph (A), convert the appointment of 

8 such individual, without competition, to a career 

9 or career conditional appointment. 

10 ‘‘(2) TREATMENT OF CERTAIN SERVICE.—In 

11 the case of an eligible program participant described 

12 in clause (ii) or (iii) of paragraph (3)(B) who re13 ceives an appointment under paragraph (1)(A), the 

14 head of a Department or Federal agency or office 

15 referred to in paragraph (1) may count any period 

16 that the individual served in a position with the Fed17 eral Government towards satisfaction of the service 

18 requirement under paragraph (1)(B) if that serv19 ice— 

20 ‘‘(A) in the case of an appointment under 

21 clause (i) of paragraph (1)(A), was in a position 

22 that is identified under clause (i) of subsection 

23 (b)(2)(A) as contributing to the national secu24 rity of the United States; or 


smartinez on DSK6TPTVN1PROD with BILLS
452 

HR 4310 RFS

1 ‘‘(B) in the case of an appointment under 

2 clause (ii) of paragraph (1)(A), was in the Fed3 eral agency or office in which the appointment 

4 under that clause is made. 

5 ‘‘(3) ELIGIBLE PROGRAM PARTICIPANT DE6 FINED.—In this subsection, the term ‘eligible pro7 gram participant’ means an individual who— 

8 ‘‘(A) has successfully completed an aca9 demic program for which a scholarship or fel10 lowship under this section was awarded; and 

11 ‘‘(B) at the time of the appointment of the 

12 individual to an excepted service position under 

13 paragraph (1)(A)— 

14 ‘‘(i) under the terms of the agreement 

15 for such scholarship or fellowship, owes a 

16 service commitment to a Department or 

17 Federal agency or office referred to in 

18 paragraph (1); 

19 ‘‘(ii) is employed by the Federal Gov20 ernment under a non-permanent appoint21 ment to a position in the excepted service 

22 that has national security responsibilities; 

23 or 

24 ‘‘(iii) is a former civilian employee of 

25 the Federal Government who has less than 


smartinez on DSK6TPTVN1PROD with BILLS
453 

HR 4310 RFS

1 a one-year break in service from the last 

2 period of Federal employment of such indi3 vidual in a non-permanent appointment in 

4 the excepted service with national security 

5 responsibilities.’’. 

6 SEC. 953. ANNUAL BRIEFING TO CONGRESSIONAL DEFENSE 

7 COMMITTEES ON CERTAIN WRITTEN POLICY 

8 GUIDANCE. 

9 Section 113(g) of title 10, United States Code, is 

10 amended by adding at the end the following new para11 graph: 

12 ‘‘(3) The Secretary of Defense shall provide an an13 nual briefing to the congressional defense committees on 

14 the written policy guidance provided under paragraphs (1) 

15 and (2).’’. 

16 SEC. 954. ONE-YEAR EXTENSION OF AUTHORITY TO WAIVE 

17 REIMBURSEMENT OF COSTS OF ACTIVITIES 

18 FOR NONGOVERNMENTAL PERSONNEL AT 

19 DEPARTMENT OF DEFENSE REGIONAL CEN20 TERS FOR SECURITY STUDIES. 

21 (a) EXTENSION.—Paragraph (1) of section 941(b) of 

22 the Duncan Hunter National Defense Authorization Act 

23 for Fiscal Year 2009 (Public Law 110–417; 10 U.S.C. 

24 184 note), is amended by striking ‘‘through 2012’’ and 

25 inserting ‘‘through 2013’’. 


smartinez on DSK6TPTVN1PROD with BILLS
454 

HR 4310 RFS

1 (b) ASSESSMENT REQUIRED.—The Comptroller Gen2 eral of the United States shall assess— 

3 (1) the effectiveness of the Regional Centers for 

4 Security Studies in meeting the Centers’ objectives 

5 and advancing the priorities of the Department of 

6 Defense; 

7 (2) the extent to which the Centers perform a 

8 unique function within the interagency community 

9 or the extent to which there are similar or duplica10 tive efforts within the Department of Defense or the 

11 Department of State; 

12 (3) the measures of effectiveness and impact in13 dicators each Regional Center uses to internally 

14 evaluate its programs; 

15 (4) the oversight mechanisms within the De16 partment of Defense with respect to the Regional 

17 Centers; and 

18 (5) the costs and benefits to the Department of 

19 Defense of waiving reimbursement costs for per20 sonnel of nongovernmental organizations and inter21 national organizations to participate in activities of 

22 the Centers on an ongoing basis. 

23 (c) REPORT.—Not later than March 1, 2013, the 

24 Comptroller General shall submit to the Committees on 

25 Armed Services and on Foreign Relations of the Senate 


smartinez on DSK6TPTVN1PROD with BILLS
455 

HR 4310 RFS

1 and the Committees on Armed Services and on Foreign 

2 Affairs of the House of Representatives a report on the 

3 assessment required by subsection (b). 

4 SEC. 955. NATIONAL LANGUAGE SERVICE CORPS. 

5 (a) CHARTER FOR NATIONAL LANGUAGE SERVICE

6 CORPS.—The David L. Boren National Security Edu7 cation Act of 1991 (50 U.S.C. 1901 et seq.) is amended 

8 by adding at the end the following new section: 

9 ‘‘SEC. 813. NATIONAL LANGUAGE SERVICE CORPS. 

10 ‘‘(a) ESTABLISHMENT.— 

11 ‘‘(1) The Secretary of Defense shall establish 

12 and maintain within the Department of Defense a 

13 National Language Service Corps (in this section re14 ferred to as the ‘Corps’). 

15 ‘‘(2) The purpose of the Corps is to provide a 

16 pool of personnel with foreign language skills who, 

17 as provided in regulations prescribed under this sec18 tion, agree to provide foreign language services to 

19 the Department of Defense or another department 

20 or agency of the United States. 

21 ‘‘(b) NATIONAL SECURITY EDUCATION BOARD.—The 

22 Secretary shall provide for the National Security Edu23 cation Board to oversee and coordinate the activities of 

24 the Corps to such extent and in such manner as deterVerDate Mar 15 2010 01:00 Jun 20, 2012 Jkt 019200 PO 00000 Frm 00455 Fmt 6652 Sfmt 6201 E:\BILLS\H4310.RFS H4310

smartinez on DSK6TPTVN1PROD with BILLS
456 

HR 4310 RFS

1 mined by the Secretary under paragraph (9) of section 

2 803(d). 

3 ‘‘(c) MEMBERSHIP.—To be eligible for membership 

4 in the Corps, a person must be a citizen of the United 

5 States authorized by law to be employed in the United 

6 States, have attained the age of 18 years, and possess 

7 such foreign language skills as the Secretary considers ap8 propriate for membership in the Corps. Members of the 

9 Corps may include employees of the Federal Government 

10 and of State and local governments. 

11 ‘‘(d) TRAINING.—The Secretary may provide mem12 bers of the Corps such training as the Secretary prescribes 

13 for purposes of this section. 

14 ‘‘(e) SERVICE.—Upon a determination that it is in 

15 the national interests of the United States, the Secretary 

16 shall call upon members of the Corps to provide foreign 

17 language services to the Department of Defense or an18 other department or agency of the United States. 

19 ‘‘(f) FUNDING.—The Secretary may impose fees, in 

20 amounts up to full-cost recovery, for language services and 

21 technical assistance rendered by members of the Corps. 

22 Amounts of fees received under this section shall be cred23 ited to the account of the Department providing funds for 

24 any costs incurred by the Department in connection with 

25 the Corps. Amounts so credited to such account shall be 


smartinez on DSK6TPTVN1PROD with BILLS
457 

HR 4310 RFS

1 merged with amounts in such account, and shall be avail2 able to the same extent, and subject to the same conditions 

3 and limitations, as amounts in such account. Any amounts 

4 so credited shall remain available until expended. 

5 ‘‘(g) USERRA APPLICABILITY.—For purposes of the 

6 applicability of chapter 43 of title 38, United States Code, 

7 to a member of the Corps— 

8 ‘‘(1) a period of active service in the Corps shall 

9 be deemed to be service in the uniformed services; 

10 and 

11 ‘‘(2) the Corps shall be deemed to be a uni12 formed service.’’. 

13 (b) NATIONAL SECURITY EDUCATION BOARD MAT14 TERS.— 

15 (1) COMPOSITION.—Subsection (b) of section 

16 803 of such Act (50 U.S.C. 1903) is amended— 

17 (A) by striking paragraph (5); 

18 (B) by redesignating paragraphs (6) and 

19 (7) as paragraphs (8) and (9), respectively; and 

20 (C) by inserting after paragraph (4) the 

21 following new paragraphs: 

22 ‘‘(5) The Secretary of Homeland Security. 

23 ‘‘(6) The Secretary of Energy. 

24 ‘‘(7) The Director of National Intelligence.’’. 


smartinez on DSK6TPTVN1PROD with BILLS
458 

HR 4310 RFS

1 (2) FUNCTIONS.—Subsection (d) of such sec2 tion is amended by adding at the end the following 

3 new paragraph: 

4 ‘‘(9) To the extent provided by the Secretary of 

5 Defense, oversee and coordinate the activities of the 

6 National Language Service Corps under section 813, 

7 including— 

8 ‘‘(A) identifying and assessing on a peri9 odic basis the needs of the departments and 

10 agencies of the Federal Government for per11 sonnel with skills in various foreign languages; 

12 ‘‘(B) establishing plans to address foreign 

13 language shortfalls and requirements of the de14 partments and agencies of the Federal Govern15 ment; 

16 ‘‘(C) recommending effective ways to in17 crease public awareness of the need for foreign 

18 languages skills and career paths in the Federal 

19 Government that use those skills; 

20 ‘‘(D) coordinating activities with Executive 

21 agencies and State and Local governments to 

22 develop interagency plans and agreements to 

23 address overall foreign language shortfalls and 

24 to utilize personnel to address the various types 


smartinez on DSK6TPTVN1PROD with BILLS
459 

HR 4310 RFS

1 of crises that warrant foreign language skills; 

2 and 

3 ‘‘(E) proposing to the Secretary regula4 tions to carry out section 813.’’. 

5 TITLE X—GENERAL PROVISIONS 

6 Subtitle A—Financial Matters 

7 SEC. 1001. GENERAL TRANSFER AUTHORITY. 

8 (a) AUTHORITY TO TRANSFER AUTHORIZATIONS.— 

9 (1) AUTHORITY.—Upon determination by the 

10 Secretary of Defense that such action is necessary in 

11 the national interest, the Secretary may transfer 

12 amounts of authorizations made available to the De13 partment of Defense in this division for fiscal year 

14 2013 between any such authorizations for that fiscal 

15 year (or any subdivisions thereof). Amounts of au16 thorizations so transferred shall be merged with and 

17 be available for the same purposes as the authoriza18 tion to which transferred. 

19 (2) LIMITATION.—Except as provided in para20 graph (3), the total amount of authorizations that 

21 the Secretary may transfer under the authority of 

22 this section may not exceed $3,500,000,000. 

23 (3) EXCEPTION FOR TRANSFERS BETWEEN

24 MILITARY PERSONNEL AUTHORIZATIONS.—A trans25 fer of funds between military personnel authorizaVerDate Mar 15 2010 01:00 Jun 20, 2012 Jkt 019200 PO 00000 Frm 00459 Fmt 6652 Sfmt 6201 E:\BILLS\H4310.RFS H4310

smartinez on DSK6TPTVN1PROD with BILLS
460 

HR 4310 RFS

1 tions under title IV shall not be counted toward the 

2 dollar limitation in paragraph (2). 

3 (b) LIMITATIONS.—The authority provided by sub4 section (a) to transfer authorizations— 

5 (1) may only be used to provide authority for 

6 items that have a higher priority than the items 

7 from which authority is transferred; and 

8 (2) may not be used to provide authority for an 

9 item that has been denied authorization by Con10 gress. 

11 (c) EFFECT ON AUTHORIZATION AMOUNTS.—A 

12 transfer made from one account to another under the au13 thority of this section shall be deemed to increase the 

14 amount authorized for the account to which the amount 

15 is transferred by an amount equal to the amount trans16 ferred. 

17 (d) NOTICE TO CONGRESS.—The Secretary shall 

18 promptly notify Congress of each transfer made under 

19 subsection (a). 

20 SEC. 1002. BUDGETARY EFFECTS OF THIS ACT. 

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

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

23 shall be determined by reference to the latest statement 

24 titled ‘‘Budgetary Effects of PAYGO Legislation’’ for this 

25 Act, submitted for printing in the Congressional Record 


smartinez on DSK6TPTVN1PROD with BILLS
461 

HR 4310 RFS

1 by the Chairman of the Committee on the Budget of the 

2 House of Representatives, as long as such statement has 

3 been submitted prior to the vote on passage of this Act. 

4 SEC. 1003. ANNUAL REPORT ON ARMED FORCES UN5 FUNDED PRIORITIES. 

6 (a) REPORT REQUIRED.—Not later than 30 days 

7 after the date on which the budget for a fiscal year is sub8 mitted to Congress pursuant to section 1105 of title 31, 

9 United States Code, each member of the Joint Chiefs of 

10 Staff specified in subsection (b) and the Commander of 

11 the United States Special Operations Command shall sub12 mit to the congressional defense committees a report con13 taining a list of the unfunded priorities for the Armed 

14 Force under the jurisdiction of that member or com15 mander. 

16 (b) COVERED MILITARY SERVICE CHIEFS.—The re17 ports required by subsection (a) shall be submitted by the 

18 Chief of Staff of the Army, the Chief of Naval Operations, 

19 the Chief of Staff of the Air Force, the Commandant of 

20 the Marine Corps, and the Chief of the National Guard 

21 Bureau. 

22 (c) UNFUNDED PRIORITIES DEFINED.—In this sec23 tion, the term ‘‘unfunded priorities’’, with respect to a re24 port required by subsection (a) for a fiscal year, means 

25 a program or mission requirement that— 


smartinez on DSK6TPTVN1PROD with BILLS
462 

HR 4310 RFS

1 (1) has not been selected for funding in the 

2 proposed budget for the fiscal year; 

3 (2) is necessary to fulfill a requirement associ4 ated with a combatant commander operational or 

5 contingency plan or other validated global force re6 quirement; and 

7 (3) the officer submitting the report would have 

8 recommended for inclusion in the proposed budget 

9 for the fiscal year had additional resources been 

10 available or had the requirement emerged before the 

11 budget was submitted. 

12 Subtitle B—Counter-Drug 

13 Activities 

14 SEC. 1011. EXTENSION OF THE AUTHORITY OF THE CHIEF 

15 OF THE NATIONAL GUARD BUREAU TO ES16 TABLISH AND OPERATE NATIONAL GUARD 

17 COUNTERDRUG SCHOOLS. 

18 Section 901 of the Office of National Drug Control 

19 Policy Reauthorization Act of 2006 (Public Law 109–469; 

20 120 Stat. 3536; 32 U.S.C. 112 note) is amended— 

21 (1) in subsection (c)— 

22 (A) by striking paragraph (1) and redesig23 nating paragraphs (2) through (5) as para24 graphs (1) through (4), respectively; and 


smartinez on DSK6TPTVN1PROD with BILLS
463 

HR 4310 RFS

1 (B) by adding at the end the following new 

2 paragraph: 

3 ‘‘(5) The Western Regional Counterdrug Train4 ing Center, Camp Murray, Washington.’’; 

5 (2) by striking subsection (f) and redesignating 

6 subsection (g) as subsection (f); and 

7 (3) in subsection (f)(1), as so redesignated, by 

8 striking ‘‘fiscal years 2006 through 2010’’ and in9 serting ‘‘fiscal years 2013 through 2017’’. 

10 SEC. 1012. REPORTING REQUIREMENT ON EXPENDITURES 

11 TO SUPPORT FOREIGN COUNTER-DRUG AC12 TIVITIES. 

13 Section 1022(a) of the Floyd D. Spence National De14 fense Authorization Act for Fiscal Year 2001 (as enacted 

15 into law by Public Law 106–398; 114 Stat. 1654A–255), 

16 as most recently amended by the section 1008 of the Na17 tional Defense Authorization Act for Fiscal Year 2012 

18 (Public Law 112–81; 125 Stat. 1558), is further amended 

19 by striking ‘‘February 15, 2012’’ and inserting ‘‘February 

20 15, 2013’’. 

21 SEC. 1013. EXTENSION OF AUTHORITY TO SUPPORT UNI22 FIED COUNTER-DRUG AND COUNTERTER23 RORISM CAMPAIGN IN COLOMBIA. 

24 Section 1021 of the Ronald W. Reagan National De25 fense Authorization Act for Fiscal Year 2005 (Public Law 


smartinez on DSK6TPTVN1PROD with BILLS
464 

HR 4310 RFS

1 108–375; 118 Stat. 2042), as most recently amended by 

2 section 1007 of the National Defense Authorization Act 

3 for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 

4 1558), is amended— 

5 (1) in subsection (a), by striking ‘‘2012’’ and 

6 inserting ‘‘2013’’; and 

7 (2) in subsection (c), by striking ‘‘2012’’ and 

8 inserting ‘‘2013’’. 

9 SEC. 1014. EXTENSION OF AUTHORITY FOR JOINT TASK 

10 FORCES TO PROVIDE SUPPORT TO LAW EN11 FORCEMENT AGENCIES CONDUCTING 

12 COUNTER-TERRORISM ACTIVITIES. 

13 Section 1022(b) of the National Defense Authoriza14 tion Act for Fiscal Year 2004 (Public Law 108–136; 117 

15 Stat. 1594; 10 U.S.C. 371 note) is amended by striking 

16 ‘‘2012’’ and inserting ‘‘2013’’. 

17 SEC. 1015. SENSE OF CONGRESS REGARDING THE 

18 COUNTERDRUG TETHERED AEROSTAT 

19 RADAR SYSTEM PROGRAM. 

20 (a) FINDINGS.—Congress finds the following: 

21 (1) Since 1992, the Air Force has administered 

22 the Counterdrug Tethered Aerostat Radar System 

23 (TARS) program, which contributes to deterring and 

24 detecting smugglers moving illicit drugs into the 

25 United States. 


smartinez on DSK6TPTVN1PROD with BILLS
465 

HR 4310 RFS

1 (2) There are eight current tethered aerostat 

2 systems, located at Yuma, Arizona, Fort Huachuca, 

3 Arizona, Deming, New Mexico, Marfa, Texas, Eagle 

4 Pass, Texas, Rio Grande City, Texas, Cudjoe Key, 

5 Florida, and Lajas, Puerto Rico. 

6 (3) Primary customers of the surveillance data 

7 from the TARS program are the Department of 

8 Homeland Security, the United States Northern 

9 Command, the United States Southern Command, 

10 and the North American Aerospace Defense Com11 mand. 

12 (4) In the past two years, the radars in two of 

13 the eight tethered aerostat systems have been de14 stroyed in strong weather conditions, namely the 

15 radar at Lajas, Puerto Rico, which was destroyed in 

16 April 2011, and the radar at Marfa, Texas, which 

17 was destroyed in February 2012. 

18 (5) The Air Force has indicated that it does not 

19 have sufficient spare parts in its inventory to replace 

20 either of these two radars or the funding necessary 

21 to purchase any new radars. As a result, there are 

22 no current plans to resume operations at Lajas, 

23 Puerto Rico or Marfa, Texas. 

24 (6) The loss of these two tethered aerostats sys25 tems substantially degrades counterdrug capabilities 


smartinez on DSK6TPTVN1PROD with BILLS
466 

HR 4310 RFS

1 in the Caribbean corridor and along the Southwest 

2 border. 

3 (7) The loss of the tethered aerostat system in 

4 Lajas, Puerto Rico, is particularly detrimental to the 

5 national counterdrug mission. In Section 1023 of the 

6 National Defense Authorization Act for Fiscal Year 

7 2006 (Public Law 109–163), Congress found that— 

8 (A) ‘‘Drug traffickers use the Caribbean 

9 corridor to smuggle narcotics to the United 

10 States via Puerto Rico and the Dominican Re11 public. This route is ideal for drug trafficking 

12 because of its geographic expanse, numerous 

13 law enforcement jurisdictions, and fragmented 

14 investigative efforts.’’; and 

15 (B) ‘‘The tethered aerostat system in 

16 Lajas, Puerto Rico, contributes to deterring 

17 and detecting smugglers moving illicit drugs 

18 into Puerto Rico. The aerostat’s range and 

19 operational capabilities allow it to provide sur20 veillance coverage of the eastern Caribbean cor21 ridor and the strategic waterway between Puer22 to Rico and the Dominican Republic, known as 

23 the Mona Passage.’’. 

24 (8) In such section 1023, Congress expressed 

25 that ‘‘Congress and the Department of Defense 


smartinez on DSK6TPTVN1PROD with BILLS
467 

HR 4310 RFS

1 should fund the Counter-Drug Tethered Aerostat 

2 program.’’. 

3 (9) In recent years, Puerto Rico and the United 

4 States Virgin Islands have been increasingly im5 pacted by the drug trade and related violence. Both 

6 jurisdictions have homicide rates that are roughly 

7 six times the national average and about three times 

8 higher than any State, and many of these homicides 

9 are linked to the drug trade. 

10 (10) The Department of Defense has raised 

11 questions as to whether it should continue to admin12 ister the TARS program or, alternatively, whether 

13 responsibility for this program should be vested in 

14 the Department of Homeland Security. 

15 (b) SENSE OF CONGRESS.—In light of the findings 

16 under subsection (a), it is the sense of Congress that— 

17 (1) irrespective of whether the Department of 

18 Defense continues to be responsible for the 

19 Counterdrug Tethered Aerostat Radar System 

20 (TARS) program or such responsibility is assigned 

21 to another agency, Congress and the responsible 

22 agency should fund the TARS program; and 

23 (2) Congress and the responsible agency should 

24 take all appropriate steps to ensure that the eight 

25 current tethered aerostat systems are fully funcVerDate Mar 15 2010 01:00 Jun 20, 2012 Jkt 019200 PO 00000 Frm 00467 Fmt 6652 Sfmt 6201 E:\BILLS\H4310.RFS H4310

smartinez on DSK6TPTVN1PROD with BILLS
468 

HR 4310 RFS

1 tional and, in particular, to ensure that the TARS 

2 program is providing coverage to protect jurisdic3 tions of the United States in the Caribbean region, 

4 as well as jurisdictions of the United States along 

5 the United States-Mexico border and in the Florida 

6 Straits. 

7 Subtitle C—Naval Vessels and 

8 Shipyards 

9 SEC. 1021. POLICY RELATING TO MAJOR COMBATANT VES10 SELS OF THE STRIKE FORCES OF THE 

11 UNITED STATES NAVY. 

12 Section 1012 of the National Defense Authorization 

13 Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 

14 303), as most recently amended by section 1015 of the 

15 Duncan Hunter National Defense Authorization Act for 

16 Fiscal Year 2009 (Public Law 110–417; 122 Stat. 4586), 

17 is amended by striking ‘‘Secretary of Defense’’ and all 

18 that follows through the period and inserting the fol19 lowing: ‘‘Secretary the Navy notifies the congressional de20 fense committees that, as a result of a cost-benefit anal21 ysis, it would not be practical for the Navy to design the 

22 class of ships with an integrated nuclear power system.’’. 


smartinez on DSK6TPTVN1PROD with BILLS
469 

HR 4310 RFS

1 SEC. 1022. LIMITATION ON AVAILABILITY OF FUNDS FOR 

2 DELAYED ANNUAL NAVAL VESSEL CON3 STRUCTION PLAN. 

4 (a) IN GENERAL.—Section 231 of title 10, United 

5 States Code, is amended— 

6 (1) by redesignating subsection (e) as sub7 section (f); and 

8 (2) by inserting after subsection (d) the fol9 lowing new subsection (e): 

10 ‘‘(e)(1) If the Secretary of Defense does not include 

11 with the defense budget materials for a fiscal year the plan 

12 and certification under subsection (a), the Secretary of the 

13 Navy may not use more than 50 percent of the funds de14 scribed in paragraph (2) during the fiscal year in which 

15 such materials are submitted until the date on which such 

16 plan and certification are submitted to the congressional 

17 defense committees. 

18 ‘‘(2) The funds described in this paragraph are funds 

19 made available to the Secretary of the Navy for operation 

20 and maintenance, Navy, for emergencies and extraor21 dinary expenses.’’. 

22 (b) CONFORMING AMENDMENT.—Section 12304b(i) 

23 of title 10, United States Code, is amended by striking 

24 ‘‘231(e)(2)’’ and inserting ‘‘section 231(f)(2)’’. 


smartinez on DSK6TPTVN1PROD with BILLS
470 

HR 4310 RFS

1 Subtitle D—Counterterrorism 

2 SEC. 1031. FINDINGS ON DETENTION PURSUANT TO THE 

3 AUTHORIZATION FOR USE OF MILITARY 

4 FORCE ENACTED IN 2001. 

5 Congress finds the following: 

6 (1) In 2001, Congress passed, and the Presi7 dent signed, the Authorization for Use of Military 

8 Force (Public Law 107–40; 50 U.S.C. 1541 note) 

9 (hereinafter referred to as the ‘‘AUMF’’), which au10 thorized the President to ‘‘use all necessary and ap11 propriate force’’ against those responsible for the at12 tacks of September 11, 2001, and those who har13 bored them ‘‘in order to prevent any future acts of 

14 international terrorism against the United States’’. 

15 (2) In 2004, the Supreme Court held in Hamdi 

16 v. Rumsfeld that the AUMF authorized the Presi17 dent to detain individuals, including a United States 

18 citizen captured in Afghanistan and later detained in 

19 the United States, legitimately determined to be 

20 ‘‘engaged in armed conflict against the United 

21 States’’ until the end of hostilities, noting that 

22 ‘‘[W]e understand Congress’ grant of authority for 

23 the use of ‘necessary and appropriate force’ to in24 clude the authority to detain for the duration of the 


smartinez on DSK6TPTVN1PROD with BILLS
471 

HR 4310 RFS

1 relevant conflict, and our understanding is based on 

2 longstanding law-of-war principles’’. 

3 (3) The Court reaffirmed the long-standing 

4 principle of American law that a United States cit5 izen may not be detained in the United States pur6 suant to the AUMF without due process of law, 

7 stating the following: 

8 (A) ‘‘Striking the proper constitutional bal9 ance here is of great importance to the Nation 

10 during this period of ongoing combat. But it is 

11 equally vital that our calculus not give short 

12 shrift to the values that this country holds dear 

13 or to the privilege that is American citizen14 ship.’’. 

15 (B) ‘‘It is during our most challenging and 

16 uncertain moments that our Nation’s commit17 ment to due process is most severely tested; and 

18 it is in those times that we must preserve our 

19 commitment at home to the principles for which 

20 we fight abroad.’’. 

21 (C) ‘‘[A] state of war is not a blank check 

22 for the President when it comes to the rights of 

23 the Nation’s citizens.’’. 


smartinez on DSK6TPTVN1PROD with BILLS
472 

HR 4310 RFS

1 (D) ‘‘[A]bsent suspension, the writ of ha2 beas corpus remains available to every indi3 vidual detained within the United States.’’. 

4 (E) ‘‘All agree suspension of the writ has 

5 not occurred here.’’. 

6 (F) ‘‘[A]n enemy combatant must receive 

7 notice of the factual basis for his classification, 

8 and a fair opportunity to rebut the Govern9 ment’s factual assertions before a neutral deci10 sionmaker.’’. 

11 (G) ‘‘Whatever power the United States 

12 Constitution envisions for the Executive in its 

13 exchanges with other nations or with enemy or14 ganizations in times of conflict, it most as15 suredly envisions a role for all three branches 

16 when individual liberties are at stake.’’. 

17 (H) ‘‘[U]nless Congress acts to suspend it, 

18 the Great Writ of habeas corpus allows the Ju19 dicial Branch to play a necessary role in main20 taining this delicate balance of governance, 

21 serving as an important judicial check on the 

22 Executive’s discretion in the realm of deten23 tions.’’. 

24 (I) ‘‘We reaffirm today the fundamental 

25 nature of a citizen’s right to be free from involVerDate Mar 15 2010 01:00 Jun 20, 2012 Jkt 019200 PO 00000 Frm 00472 Fmt 6652 Sfmt 6201 E:\BILLS\H4310.RFS H4310

smartinez on DSK6TPTVN1PROD with BILLS
473 

HR 4310 RFS

1 untary confinement by his own government 

2 without due process of law, and we weigh the 

3 opposing governmental interests against the 

4 curtailment of liberty that such confinement en5 tails.’’. 

6 (4) In 2008, in Boumediene v. Bush, the Su7 preme Court also extended the constitutional right 

8 to habeas corpus to the foreign detainees held pursu9 ant to the AUMF at the United States Naval Sta10 tion, Guantanamo Bay, Cuba. 

11 (5) Chapter 47A of title 10, United States 

12 Code, as originally enacted by the Military Commis13 sions Act of 2006 (Public Law 109–366), only al14 lows for prosecution of foreign terrorists by military 

15 commission. 

16 (6) In 2011, with the enactment of the Na17 tional Defense Authorization Act for Fiscal Year 

18 2012 (Public Law 112–81), Congress and the Presi19 dent affirmed the authority of the Armed Forces of 

20 the United States to detain pursuant to the AUMF 

21 a person who planned, authorized, committed, or 

22 aided the terrorist attacks that occurred on Sep23 tember 11, 2001, or harbored those responsible for 

24 those attacks, or a person who was a part of or sub25 stantially supported al-Qaeda, the Taliban, or associVerDate Mar 15 2010 01:00 Jun 20, 2012 Jkt 019200 PO 00000 Frm 00473 Fmt 6652 Sfmt 6201 E:\BILLS\H4310.RFS H4310

smartinez on DSK6TPTVN1PROD with BILLS
474 

HR 4310 RFS

1 ated forces that are engaged in hostilities against 

2 the United States or its coalition partners, including 

3 any person who has committed a belligerent act or 

4 has directly supported such hostilities in aid of such 

5 enemy forces. 

6 (7) The interpretation of the detention author7 ity provided by the AUMF under the National De8 fense Authorization Act for Fiscal Year 2012 is the 

9 same as the interpretation used by the Obama ad10 ministration in its legal filings in Federal court and 

11 is nearly identical to the interpretation used by the 

12 Bush administration. This interpretation has also 

13 been upheld by the United States Court of Appeals 

14 for the District of Columbia Circuit. 

15 (8) Such Act also requires the Secretary of De16 fense to regularly brief Congress regarding the ap17 plication of the detention authority provided by the 

18 AUMF. 

19 (9) Section 1021 of such Act states that ‘‘Noth20 ing in this section shall be construed to affect exist21 ing law or authorities relating to the detention of 

22 United States citizens, lawful resident aliens of the 

23 United States, or any other persons who are cap24 tured or arrested in the United States.’’. 


smartinez on DSK6TPTVN1PROD with BILLS
475 

HR 4310 RFS

1 SEC. 1032. FINDINGS REGARDING HABEAS CORPUS RIGHTS. 

2 Congress finds the following: 

3 (1) Article 1, section 9 of the Constitution 

4 states ‘‘The Privilege of the Writ of Habeas Corpus 

5 shall not be suspended, unless when in Cases of Re6 bellion or Invasion the public Safety may require 

7 it.’’. 

8 (2) Regarding the Great Writ, the Supreme 

9 Court has noted ‘‘The writ of habeas corpus is the 

10 fundamental instrument for safeguarding individual 

11 freedom against arbitrary and lawless state action.’’. 

12 SEC. 1033. RIGHTS UNAFFECTED. 

13 (a) RULE OF CONSTRUCTION.—Nothing in the Au14 thorization for Use of Military Force (Public Law 107– 

15 40; 50 U.S.C. 1541 note) or the National Defense Author16 ization Act for Fiscal Year 2012 (Public Law 112–81) 

17 shall be construed to deny the availability of the writ of 

18 habeas corpus or to deny any Constitutional rights in a 

19 court ordained or established by or under Article III of 

20 the Constitution for any person who is lawfully in the 

21 United States when detained pursuant to the Authoriza22 tion for Use of Military Force (Public Law 107–40; 50 

23 U.S.C. 1541 note) and who is otherwise entitled to the 

24 availability of such writ or such rights. 

25 (b) NOTIFICATION OF DETENTION OF PERSONS

26 UNDER AUTHORIZATION FOR USE OF MILITARY


smartinez on DSK6TPTVN1PROD with BILLS
476 

HR 4310 RFS

1 FORCE.—Not later than 48 hours after the date on which 

2 a person who is lawfully in the United States is detained 

3 pursuant to the Authorization for Use of Military Force 

4 (Public Law 107–40; 50 U.S.C. 1541 note), the President 

5 shall notify Congress of the detention of such person. 

6 (c) HABEAS APPLICATIONS.—A person who is law7 fully in the United States when detained pursuant to the 

8 Authorization for Use of Military Force (Public Law 107– 

9 40; 50 U.S.C. 1541 note) shall be allowed to file an appli10 cation for habeas corpus relief in an appropriate district 

11 court not later than 30 days after the date on which such 

12 person is placed in military custody. 

13 SEC. 1034. EXTENSION OF AUTHORITY TO MAKE REWARDS 

14 FOR COMBATING TERRORISM. 

15 (a) EXTENSION.—Section 127b(c)(3)(C) of title 10, 

16 United States Code, is amended by striking ‘‘September 

17 30, 2013’’ and inserting ‘‘September 30, 2014’’. 

18 (b) REPORT TO CONGRESS.—Not later than 180 days 

19 after the date of the enactment of this Act, the Secretary 

20 of Defense shall submit to the congressional defense com21 mittees a report that outlines the future requirements and 

22 authorities to make rewards for combating terrorism. The 

23 report shall include— 

24 (1) an analysis of future requirements under 

25 section 127b of title 10, United States Code; 


smartinez on DSK6TPTVN1PROD with BILLS
477 

HR 4310 RFS

1 (2) a detailed description of requirements for 

2 rewards in support of operations with allied forces; 

3 and 

4 (3) an overview of geographic combatant com5 mander requirements through September 30, 2014. 

6 SEC. 1035. PROHIBITION ON TRAVEL TO THE UNITED 

7 STATES FOR CERTAIN DETAINEES REPATRI8 ATED TO THE FEDERATED STATES OF MICRO9 NESIA, THE REPUBLIC OF PALAU, AND THE 

10 REPUBLIC OF THE MARSHALL ISLANDS. 

11 (a) PROHIBITION ON TRAVEL TO THE UNITED

12 STATES.—Notwithstanding any provision of the applicable 

13 Compact of Free Association described in subsection (c), 

14 an individual described in subsection (b) who has been re15 patriated to the Federated States of Micronesia, the Re16 public of the Marshall Islands, or the Republic of Palau 

17 may not be afforded the rights and benefits put forth in 

18 section 141 of such applicable Compact of Free Associa19 tion. 

20 (b) INDIVIDUAL DESCRIBED.—An individual de21 scribed in this subsection is an individual who— 

22 (1) is not a citizen of the United States or a 

23 member of the Armed Forces of the United States; 

24 and 


smartinez on DSK6TPTVN1PROD with BILLS
478 

HR 4310 RFS

1 (2) is or was located at United States Naval 

2 Station, Guantanamo Bay, Cuba, on or after Sep3 tember 11, 2001, while— 

4 (A) in the custody or under the effective 

5 control of the Department of Defense; or 

6 (B) otherwise under detention at United 

7 States Naval Station, Guantanamo Bay, Cuba. 

8 (c) APPLICABLE COMPACT OF FREE ASSOCIATION.— 

9 The applicable Compact of Free Association described in 

10 this subsection is— 

11 (1) with respect to an individual repatriated to 

12 the Federal States of Micronesia, the Compact of 

13 Free Association, as amended, between the Govern14 ment of the United States of America and the Gov15 ernment of the Federated States of Micronesia as 

16 set forth in section 201(a) of the Compact of Free 

17 Association Amendments Act of 2003 (Public Law 

18 108–188; 48 U.S.C. 1921 note); 

19 (2) with respect to an individual repatriated to 

20 the Republic of the Marshall Islands, the Compact 

21 of Free Association, as amended, between the Gov22 ernment of the United States of America and the 

23 Government of the Republic of the Marshall Islands 

24 as set forth in section 201(b) of the Compact of 


smartinez on DSK6TPTVN1PROD with BILLS
479 

HR 4310 RFS

1 Free Association Amendments Act of 2003 (Public 

2 Law 108–188; 48 U.S.C. 1921 note); and 

3 (3) with respect to an individual repatriated to 

4 the Republic of Palau, the Compact of Free Associa5 tion between the Government of the United States 

6 of America and the Government of Palau as set 

7 forth in section 201 of the joint resolution entitled 

8 ‘‘A Joint Resolution to approve the ‘Compact of 

9 Free Association’ between the United States and the 

10 Government of Palau, and for other purposes’’, ap11 proved November 14, 1986 (Public Law 99–658; 48 

12 U.S.C. 1931 note). 

13 SEC. 1036. PROHIBITION ON THE USE OF FUNDS FOR THE 

14 TRANSFER OR RELEASE OF INDIVIDUALS DE15 TAINED AT UNITED STATES NAVAL STATION, 

16 GUANTANAMO BAY, CUBA. 

17 None of the funds authorized to be appropriated by 

18 this Act for fiscal year 2013 may be used to transfer, re19 lease, or assist in the transfer or release to or within the 

20 United States, its territories, or possessions of Khalid 

21 Sheikh Mohammed or any other detainee who— 

22 (1) is not a United States citizen or a member 

23 of the Armed Forces of the United States; and 


smartinez on DSK6TPTVN1PROD with BILLS
480 

HR 4310 RFS

1 (2) is or was held on or after January 20, 

2 2009, at United States Naval Station, Guantanamo 

3 Bay, Cuba, by the Department of Defense. 

4 SEC. 1037. REQUIREMENTS FOR CERTIFICATIONS RELAT5 ING TO THE TRANSFER OF DETAINEES AT 

6 UNITED STATES NAVAL STATION, GUANTA7 NAMO BAY, CUBA, TO FOREIGN COUNTRIES 

8 AND OTHER FOREIGN ENTITIES. 

9 (a) CERTIFICATION REQUIRED PRIOR TO TRANS10 FER.— 

11 (1) IN GENERAL.—Except as provided in para12 graph (2) and subsection (d), the Secretary of De13 fense may not use any amounts authorized to be ap14 propriated or otherwise available to the Department 

15 of Defense for fiscal year 2013 to transfer any indi16 vidual detained at Guantanamo to the custody or 

17 control of the individual’s country of origin, any 

18 other foreign country, or any other foreign entity 

19 unless the Secretary submits to Congress the certifi20 cation described in subsection (b) not later than 30 

21 days before the transfer of the individual. 

22 (2) EXCEPTION.—Paragraph (1) shall not 

23 apply to any action taken by the Secretary to trans24 fer any individual detained at Guantanamo to effec25 tuate an order affecting the disposition of the indiVerDate Mar 15 2010 01:00 Jun 20, 2012 Jkt 019200 PO 00000 Frm 00480 Fmt 6652 Sfmt 6201 E:\BILLS\H4310.RFS H4310

smartinez on DSK6TPTVN1PROD with BILLS
481 

HR 4310 RFS

1 vidual that is issued by a court or competent tri2 bunal of the United States having lawful jurisdiction 

3 (which the Secretary shall notify Congress of 

4 promptly after issuance). 

5 (b) CERTIFICATION.—A certification described in this 

6 subsection is a written certification made by the Secretary 

7 of Defense, with the concurrence of the Secretary of State 

8 and in consultation with the Director of National Intel9 ligence, that— 

10 (1) the government of the foreign country or 

11 the recognized leadership of the foreign entity to 

12 which the individual detained at Guantanamo is to 

13 be transferred— 

14 (A) is not a designated state sponsor of 

15 terrorism or a designated foreign terrorist orga16 nization; 

17 (B) maintains control over each detention 

18 facility in which the individual is to be detained 

19 if the individual is to be housed in a detention 

20 facility; 

21 (C) is not, as of the date of the certifi22 cation, facing a threat that is likely to substan23 tially affect its ability to exercise control over 

24 the individual; 


smartinez on DSK6TPTVN1PROD with BILLS
482 

HR 4310 RFS

1 (D) has taken or agreed to take effective 

2 actions to ensure that the individual cannot 

3 take action to threaten the United States, its 

4 citizens, or its allies in the future; 

5 (E) has taken or agreed to take such ac6 tions as the Secretary of Defense determines 

7 are necessary to ensure that the individual can8 not engage or reengage in any terrorist activity; 

9 and 

10 (F) has agreed to share with the United 

11 States any information that— 

12 (i) is related to the individual or any 

13 associates of the individual; and 

14 (ii) could affect the security of the 

15 United States, its citizens, or its allies; and 

16 (2) includes an assessment, in classified or un17 classified form, of the capacity, willingness, and past 

18 practices (if applicable) of the foreign country or en19 tity in relation to the Secretary’s certifications. 

20 (c) PROHIBITION IN CASES OF PRIOR CONFIRMED

21 RECIDIVISM.— 

22 (1) PROHIBITION.—Except as provided in para23 graph (2) and subsection (d), the Secretary of De24 fense may not use any amounts authorized to be ap25 propriated or otherwise made available to the DeVerDate Mar 15 2010 01:00 Jun 20, 2012 Jkt 019200 PO 00000 Frm 00482 Fmt 6652 Sfmt 6201 E:\BILLS\H4310.RFS H4310

smartinez on DSK6TPTVN1PROD with BILLS
483 

HR 4310 RFS

1 partment of Defense to transfer any individual de2 tained at Guantanamo to the custody or control of 

3 the individual’s country of origin, any other foreign 

4 country, or any other foreign entity if there is a con5 firmed case of any individual who was detained at 

6 United States Naval Station, Guantanamo Bay, 

7 Cuba, at any time after September 11, 2001, who 

8 was transferred to such foreign country or entity 

9 and subsequently engaged in any terrorist activity. 

10 (2) EXCEPTION.—Paragraph (1) shall not 

11 apply to any action taken by the Secretary to trans12 fer any individual detained at Guantanamo to effec13 tuate an order affecting the disposition of the indi14 vidual that is issued by a court or competent tri15 bunal of the United States having lawful jurisdiction 

16 (which the Secretary shall notify Congress of 

17 promptly after issuance). 

18 (d) NATIONAL SECURITY WAIVER.— 

19 (1) IN GENERAL.—The Secretary of Defense 

20 may waive the applicability to a detainee transfer of 

21 a certification requirement specified in subparagraph 

22 (D) or (E) of subsection (b)(1) or the prohibition in 

23 subsection (c), if the Secretary certifies the rest of 

24 the criteria required by subsection (b) for transfers 

25 prohibited by subsection (c) and, with the concurVerDate Mar 15 2010 01:00 Jun 20, 2012 Jkt 019200 PO 00000 Frm 00483 Fmt 6652 Sfmt 6201 E:\BILLS\H4310.RFS H4310

smartinez on DSK6TPTVN1PROD with BILLS
484 

HR 4310 RFS

1 rence of the Secretary of State and in consultation 

2 with the Director of National Intelligence, deter3 mines that— 

4 (A) alternative actions will be taken to ad5 dress the underlying purpose of the requirement 

6 or requirements to be waived; 

7 (B) in the case of a waiver of subpara8 graph (D) or (E) of subsection (b)(1), it is not 

9 possible to certify that the risks addressed in 

10 the paragraph to be waived have been com11 pletely eliminated, but the actions to be taken 

12 under subparagraph (A) will substantially miti13 gate such risks with regard to the individual to 

14 be transferred; 

15 (C) in the case of a waiver of subsection 

16 (c), the Secretary has considered any confirmed 

17 case in which an individual who was transferred 

18 to the country subsequently engaged in terrorist 

19 activity, and the actions to be taken under sub20 paragraph (A) will substantially mitigate the 

21 risk of recidivism with regard to the individual 

22 to be transferred; and 

23 (D) the transfer is in the national security 

24 interests of the United States. 


smartinez on DSK6TPTVN1PROD with BILLS
485 

HR 4310 RFS

1 (2) REPORTS.—Whenever the Secretary makes 

2 a determination under paragraph (1), the Secretary 

3 shall submit to the appropriate committees of Con4 gress, not later than 30 days before the transfer of 

5 the individual concerned, the following: 

6 (A) A copy of the determination and the 

7 waiver concerned. 

8 (B) A statement of the basis for the deter9 mination, including— 

10 (i) an explanation why the transfer is 

11 in the national security interests of the 

12 United States; and 

13 (ii) in the case of a waiver of subpara14 graph (D) or (E) of subsection (b)(1), an 

15 explanation why it is not possible to certify 

16 that the risks addressed in the subpara17 graph to be waived have been completely 

18 eliminated. 

19 (C) A summary of the alternative actions 

20 to be taken to address the underlying purpose 

21 of, and to mitigate the risks addressed in, the 

22 subparagraph or subsection to be waived. 

23 (D) The assessment required by subsection 

24 (b)(2). 

25 (e) DEFINITIONS.—In this section: 


smartinez on DSK6TPTVN1PROD with BILLS
486 

HR 4310 RFS

1 (1) The term ‘‘appropriate committees of Con2 gress’’ means— 

3 (A) the Committee on Armed Services, the 

4 Committee on Appropriations, and the Select 

5 Committee on Intelligence of the Senate; and 

6 (B) the Committee on Armed Services, the 

7 Committee on Appropriations, and the Perma8 nent Select Committee on Intelligence of the 

9 House of Representatives. 

10 (2) The term ‘‘individual detained at Guanta11 namo’’ means any individual located at United 

12 States Naval Station, Guantanamo Bay, Cuba, as of 

13 October 1, 2009, who— 

14 (A) is not a citizen of the United States or 

15 a member of the Armed Forces of the United 

16 States; and 

17 (B) is— 

18 (i) in the custody or under the control 

19 of the Department of Defense; or 

20 (ii) otherwise under detention at 

21 United States Naval Station, Guantanamo 

22 Bay, Cuba. 

23 (3) The term ‘‘foreign terrorist organization’’ 

24 means any organization so designated by the SecVerDate Mar 15 2010 01:00 Jun 20, 2012 Jkt 019200 PO 00000 Frm 00486 Fmt 6652 Sfmt 6201 E:\BILLS\H4310.RFS H4310

smartinez on DSK6TPTVN1PROD with BILLS
487 

HR 4310 RFS

1 retary of State under section 219 of the Immigra2 tion and Nationality Act (8 U.S.C. 1189). 

3 SEC. 1038. PROHIBITION ON USE OF FUNDS TO CONSTRUCT 

4 OR MODIFY FACILITIES IN THE UNITED 

5 STATES TO HOUSE DETAINEES TRANS6 FERRED FROM UNITED STATES NAVAL STA7 TION, GUANTANAMO BAY, CUBA. 

8 (a) IN GENERAL.—No amounts authorized to be ap9 propriated or otherwise made available to the Department 

10 of Defense for fiscal year 2013 may be used to construct 

11 or modify any facility in the United States, its territories, 

12 or possessions to house any individual detained at Guanta13 namo for the purposes of detention or imprisonment in 

14 the custody or under the control of the Department of De15 fense unless authorized by Congress. 

16 (b) EXCEPTION.—The prohibition in subsection (a) 

17 shall not apply to any modification of facilities at United 

18 States Naval Station, Guantanamo Bay, Cuba. 

19 (c) INDIVIDUAL DETAINED AT GUANTANAMO DE20 FINED.—In this section, the term ‘‘individual detained at 

21 Guantanamo’’ has the meaning given that term in section 

22 1037(e)(2). 


smartinez on DSK6TPTVN1PROD with BILLS
488 

HR 4310 RFS

1 SEC. 1039. REPORTS ON RECIDIVISM OF INDIVIDUALS DE2 TAINED AT UNITED STATES NAVAL STATION, 

3 GUANTANAMO BAY, CUBA, THAT HAVE BEEN 

4 TRANSFERRED TO FOREIGN COUNTRIES. 

5 (a) REPORT ON FACTORS CAUSING OR CONTRIB6 UTING TO RECIDIVISM.—Not later than 60 days after the 

7 date of the enactment of this Act, and annually thereafter 

8 for five years, the Director of the Defense Intelligence 

9 Agency, in consultation with the head of each element of 

10 the intelligence community that the Director considers ap11 propriate, shall submit to the covered congressional com12 mittees a report assessing the factors that cause or con13 tribute to the recidivism of individuals detained at Guan14 tanamo that are transferred or released to a foreign coun15 try, including a discussion of trends, by country and re16 gion, where recidivism has occurred. 

17 (b) REPORT ON EFFECTIVENESS OF INTERNATIONAL

18 AGREEMENTS.—Not later than 60 days after the date of 

19 the enactment of this Act, the Secretary of State, with 

20 the concurrence of the Secretary of Defense, shall submit 

21 to the covered congressional committees, the Committee 

22 on Foreign Affairs of the House of Representatives, and 

23 the Committee on Foreign Relations of the Senate a re24 port assessing the effectiveness of international agree25 ments relating to the transfer or release of individuals de26 tained at Guantanamo between the United States and 


smartinez on DSK6TPTVN1PROD with BILLS
489 

HR 4310 RFS

1 each foreign country to which an individual detained at 

2 Guantanamo has been transferred or released. 

3 (c) FORM.—The reports required under subsections 

4 (a) and (b) shall be submitted in unclassified form, but 

5 may include a classified annex. 

6 (d) DEFINITIONS.—In this section: 

7 (1) COVERED CONGRESSIONAL COMMITTEES.— 

8 The term ‘‘covered congressional committees’’ 

9 means— 

10 (A) the Committee on Armed Services and 

11 the Permanent Select Committee on Intelligence 

12 of the House of Representatives; and 

13 (B) the Committee on Armed Services and 

14 the Select Committee on Intelligence of the 

15 Senate. 

16 (2) INDIVIDUAL DETAINED AT GUANTANAMO.— 

17 The term ‘‘individual detained at Guantanamo’’ 

18 means any individual that is or was located at 

19 United States Naval Station, Guantanamo Bay, 

20 Cuba, who— 

21 (A) is not a citizen of the United States or 

22 a member of the Armed Forces of the United 

23 States; and 

24 (B) is or was— 


smartinez on DSK6TPTVN1PROD with BILLS
490 

HR 4310 RFS

1 (i) in the custody or under the control 

2 of the Department of Defense; or 

3 (ii) otherwise under detention at 

4 United States Naval Station, Guantanamo 

5 Bay, Cuba. 

6 SEC. 1040. NOTICE AND REPORT ON USE OF NAVAL VES7 SELS FOR DETENTION OF INDIVIDUALS CAP8 TURED OUTSIDE AFGHANISTAN PURSUANT 

9 TO THE AUTHORIZATION FOR USE OF MILI10 TARY FORCE. 

11 (a) NOTICE TO CONGRESS.—Not later than 5 days 

12 after first detaining an individual who is captured pursu13 ant to the Authorization for Use of Military Force on a 

14 naval vessel outside the United States, the Secretary of 

15 Defense shall submit to the Committees on Armed Serv16 ices of the Senate and House of Representatives notice 

17 of the detention. 

18 (b) REPORT.— 

19 (1) IN GENERAL.—Not later than 90 days after 

20 the date of the enactment of this Act, the Secretary 

21 of Defense shall submit to the Committees on Armed 

22 Services of the Senate and House of Representatives 

23 a report on the use of naval vessels for the detention 

24 outside the United States of any individual who is 

25 captured pursuant to the Authorization for Use of 


smartinez on DSK6TPTVN1PROD with BILLS
491 

HR 4310 RFS

1 Military Force (Public Law 107–40; 50 U.S.C. 1541 

2 note). Such report shall include— 

3 (A) procedures and any limitations on de4 taining such individuals at sea on board United 

5 States naval vessels; 

6 (B) an assessment of any force protection 

7 issues associated with detaining such individ8 uals on such vessels; 

9 (C) an assessment of the likely effect of 

10 such detentions on the original mission of the 

11 naval vessel; and 

12 (D) any restrictions on long-term detention 

13 of individuals on United States naval vessels. 

14 (2) FORM OF REPORT.—The report required 

15 under paragraph (1) shall be submitted in unclassi16 fied form but may contain a classified annex. 

17 SEC. 1041. NOTICE REQUIRED PRIOR TO TRANSFER OF 

18 CERTAIN INDIVIDUALS DETAINED AT THE 

19 DETENTION FACILITY AT PARWAN, AFGHANI20 STAN. 

21 (a) NOTICE REQUIRED.—The Secretary of Defense 

22 shall submit to the appropriate congressional committees 

23 notice in writing of the proposed transfer of any individual 

24 detained pursuant to the Authorization for Use of Military 

25 Force (Public Law 107–40; 50 U.S.C. 1541 note) who is 


smartinez on DSK6TPTVN1PROD with BILLS
492 

HR 4310 RFS

1 a national of a country other than the United States or 

2 Afghanistan from detention at the Detention Facility at 

3 Parwan, Afghanistan, to the custody of the Government 

4 of Afghanistan or of any other country. Such notice shall 

5 be provided not later than 10 days before such a transfer 

6 may take place. 

7 (b) ADDITIONAL ASSESSMENTS AND CERTIFI8 CATIONS.—As part of the notice required under subsection 

9 (a), the Secretary shall include the following: 

10 (1) In the case of the proposed transfer of such 

11 an individual by reason of the individual being re12 leased, an assessment of the threat posed by the in13 dividual and the security environment of the country 

14 to which the individual is to be transferred. 

15 (2) In the case of the proposed transfer of such 

16 an individual to a country other than Afghanistan 

17 for the purpose of the prosecution of the individual, 

18 a certification that an assessment has been con19 ducted regarding the capacity, willingness, and his20 torical track record of the country with respect to 

21 prosecuting similar cases, including a description of 

22 the evidence against the individual that is likely to 

23 be admissible as part of the prosecution. 

24 (3) In the case of the proposed transfer of such 

25 an individual for reintegration or rehabilitation in a 


smartinez on DSK6TPTVN1PROD with BILLS
493 

HR 4310 RFS

1 country other than Afghanistan, a certification that 

2 an assessment has been conducted regarding the ca3 pacity, willingness, and historical track records of 

4 the country for reintegrating or rehabilitating simi5 lar individuals. 

6 (4) In the case of the proposed transfer of such 

7 an individual to the custody of the government of 

8 Afghanistan for prosecution or detention, a certifi9 cation that an assessment has been conducted re10 garding the capacity, willingness, and historical 

11 track record of Afghanistan to prosecute or detain 

12 long-term such individuals. 

13 (c) APPROPRIATE CONGRESSIONAL COMMITTEES DE14 FINED.—In this section, the term ‘‘appropriate congres15 sional committees’’ means the Committee on Armed Serv16 ices and the Committee on Foreign Affairs of the House 

17 of Representatives and the Committee on Armed Services 

18 and the Committee on Foreign Relations of the Senate. 

19 SEC. 1042. REPORT ON RECIDIVISM OF INDIVIDUALS FOR20 MERLY DETAINED AT THE DETENTION FACIL21 ITY AT PARWAN, AFGHANISTAN. 

22 (a) REPORT.—Not later than 90 days after the date 

23 of the enactment of this Act, the Secretary of Defense 

24 shall submit to the relevant congressional committees a 

25 report that— 


smartinez on DSK6TPTVN1PROD with BILLS
494 

HR 4310 RFS

1 (1) assesses recidivism rates and the factors 

2 that cause or contribute to the recidivism of individ3 uals formerly detained at the Detention Facility at 

4 Parwan, Afghanistan, who are transferred or re5 leased, with particular emphasis on individuals 

6 transferred or released in connection with reconcili7 ation efforts or peace negotiations; and 

8 (2) includes a general rationale of the Com9 mander, International Security Assistance Force, as 

10 to why such individuals were released. 

11 (b) FORM.—The report required under subsection (a) 

12 shall be submitted in unclassified form, but may include 

13 a classified annex. 

14 (c) RELEVANT CONGRESSIONAL COMMITTEES DE15 FINED.—In this section, the term ‘‘relevant congressional 

16 committees’’ means— 

17 (1) the Committee on Armed Services and the 

18 Committee on Foreign Relations of the Senate; and 

19 (2) the Committee on Armed Services and the 

20 Committee on Foreign Affairs of the House of Rep21 resentatives. 


smartinez on DSK6TPTVN1PROD with BILLS
495 

HR 4310 RFS

1 SEC. 1043. ADDITIONAL REQUIREMENTS RELATING TO THE 

2 TRANSFER OF INDIVIDUALS DETAINED AT 

3 GUANTANAMO TO FOREIGN COUNTRIES AND 

4 OTHER FOREIGN ENTITIES. 

5 Section 1028 of the National Defense Authorization 

6 Act for Fiscal Year 2012 (Public Law 112–81) is amend7 ed— 

8 (1) in subsection (a)(1)— 

9 (A) by striking ‘‘the certification described 

10 in subsection (b) not later than 30 days before 

11 the transfer of the individual’’ and inserting 

12 ‘‘by not later than 90 days before the transfer 

13 each of the following;’’; and 

14 (B) by adding at the end the following new 

15 subparagraphs: 

16 ‘‘(A) The certification described in sub17 section (b). 

18 ‘‘(B) An assessment of the likelihood that 

19 the individual to be transferred will engage in 

20 terrorist activity after the transfer takes place. 

21 ‘‘(C) A detailed summary, in classified or 

22 unclassified form, of the individual’s history of 

23 associations with foreign terrorist organizations 

24 and the individual’s record of cooperation while 

25 in the custody of or under the effective control 

26 of the Department of Defense.’’; and 


smartinez on DSK6TPTVN1PROD with BILLS
496 

HR 4310 RFS

1 (2) in subsection (d)(2)— 

2 (A) by striking ‘‘30 days’’ and inserting 

3 ‘‘90 days’’; and 

4 (B) by adding at the end the following new 

5 subparagraphs: 

6 ‘‘(E) An assessment of the likelihood that 

7 the individual to be transferred will engage in 

8 terrorist activity after the transfer takes place. 

9 ‘‘(F) A detailed summary, in classified or 

10 unclassified form, of the individual’s history of 

11 associations with foreign terrorist organizations 

12 and the individual’s record of cooperation while 

13 in the custody of or under the effective control 

14 of the Department of Defense.’’. 

15 Subtitle E—Nuclear Forces 

16 SEC. 1051. NUCLEAR WEAPONS EMPLOYMENT STRATEGY 

17 OF THE UNITED STATES. 

18 (a) SENSE OF CONGRESS.—Subsection (a) of section 

19 1046 of the National Defense Authorization Act for Fiscal 

20 Year 2012 (Public Law 112–81; 125 Stat. 1579) is 

21 amended to read as follows: 

22 ‘‘(a) SENSE OF CONGRESS.—It is the sense of Con23 gress that— 

24 ‘‘(1) any future modification to the nuclear 

25 weapons employment strategy, plans, and options of 


smartinez on DSK6TPTVN1PROD with BILLS
497 

HR 4310 RFS

1 the United States should maintain or enhance the 

2 ability of the nuclear forces of the United States to 

3 support the goals of the United States with respect 

4 to nuclear deterrence, extended deterrence, and as5 surances for allies, and the defense of the United 

6 States; and 

7 ‘‘(2) the oversight responsibility of Congress in8 cludes oversight of the nuclear weapons employment 

9 strategy, plans, and options of the United States 

10 and that therefore the Chairmen and Ranking Mem11 bers of the Committees on Armed Services of the 

12 Senate and House of Representatives, and such pro13 fessional staff as they designate, should have access 

14 to the nuclear weapons employment strategy, plans, 

15 and options of the United States.’’. 

16 (b) REPORTS ON STRATEGY.—Section 491 of title 

17 10, United States Code, is— 

18 (1) transferred to chapter 24 of such title, as 

19 added by subsection (c)(1); and 

20 (2) amended— 

21 (A) in the heading, by inserting ‘‘weap22 ons’’ after ‘‘Nuclear’’; 

23 (B) by striking ‘‘nuclear employment strat24 egy’’ each place it appears and inserting ‘‘nu25 clear weapons employment strategy’’; 


smartinez on DSK6TPTVN1PROD with BILLS
498 

HR 4310 RFS

1 (C) in paragraph (1)— 

2 (i) by inserting ‘‘the’’ after ‘‘modifica3 tions to’’; and 

4 (ii) by inserting ‘‘, plans, and options’’ 

5 after ‘‘employment strategy’’; 

6 (D) by inserting after paragraph (3) the 

7 following new paragraph: 

8 ‘‘(4) the extent to which such modifications in9 clude an increased reliance on conventional or non10 nuclear global strike capabilities or missile defenses 

11 of the United States.’’; 

12 (E) by striking ‘‘On the date’’ and insert13 ing ‘‘(a) REPORTS.—On the date’’; and 

14 (F) by adding at the end the following new 

15 subsection: 

16 ‘‘(b) ANNUAL BRIEFINGS.—Not later than March 15 

17 of each year, the Secretary of Defense shall provide to the 

18 congressional defense committees a briefing regarding the 

19 nuclear weapons employment strategy, plans, and options 

20 of the United States.’’. 

21 (c) CLERICAL AND CONFORMING AMENDMENTS.— 

22 (1) CHAPTER 24.—Part I of subtitle A of title 

23 10, United States Code, is amended by adding at 

24 the end the following new chapter: 


smartinez on DSK6TPTVN1PROD with BILLS
499 

HR 4310 RFS

1 ‘‘CHAPTER 24—NUCLEAR POSTURE 

‘‘Sec. 

‘‘491. Nuclear weapons employment strategy of the United States: modification 

of strategy.’’. 

2 (2) TABLE OF CHAPTERS.—The table of chap3 ters at the beginning of subtitle A of title 10, United 

4 States Code, and at the beginning of part I of such 

5 subtitle, are each amended by inserting after the 

6 item relating to chapter 23 the following new item: 

‘‘24. Nuclear posture ......................................................................... 491’’. 

7 (3) TRANSFER OF PROVISIONS.— 

8 (A) CHAPTER 23.—Chapter 23 of title 10, 

9 United States Code, is amended as follows: 

10 (i) Section 490a is— 

11 (I) transferred to chapter 24 of 

12 such title, as added by paragraph (1); 

13 (II) inserted after section 491 of 

14 such title, as added to such chapter 

15 24 by subsection (b)(1); and 

16 (III) redesignated as section 492. 

17 (ii) The table of sections at the begin18 ning of such chapter 23 is amended by 

19 striking the items relating to sections 490a 

20 and 491. 

21 (B) FY12 NDAA.—Section 1077 of the Na22 tional Defense Authorization Act for Fiscal 


smartinez on DSK6TPTVN1PROD with BILLS
500 

HR 4310 RFS

1 Year 2012 (Public Law 112–81; 50 U.S.C. 

2 2514) is— 

3 (i) transferred to chapter 24 of title 

4 10, United States Code, as added by para5 graph (1); 

6 (ii) inserted after section 492 of such 

7 title, as added by subparagraph (A)(i); 

8 (iii) redesignated as section 493; and 

9 (iv) amended by striking ‘‘the date of 

10 the enactment of this Act’’ and inserting 

11 ‘‘December 31, 2011,’’. 

12 (C) CHAPTER 24.—The table of sections at 

13 the beginning of chapter 24 of title 10, United 

14 States Code, as added by paragraph (1), is 

15 amended by inserting after the item relating to 

16 section 491 the following new items: 

‘‘492. Biennial assessment and report on the delivery platforms for nuclear 

weapons and the nuclear command and control system. 

‘‘493. Reports to Congress on the modification of the force structure for the 

strategic nuclear weapons delivery systems of the United 

States.’’. 

17 (4) CONFORMING AMENDMENT.—Section 

18 1041(b) of the National Defense Authorization Act 

19 for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 

20 1574) is amended by striking ‘‘section 490a of title 

21 10, United States Code, as added by subsection 

22 (a),’’ and inserting ‘‘section 492 of title 10, United 

23 States Code,’’. 


smartinez on DSK6TPTVN1PROD with BILLS
501 

HR 4310 RFS

1 SEC. 1052. COMMITMENTS FOR NUCLEAR WEAPONS STOCK2 PILE MODERNIZATION. 

3 (a) FINDINGS.—Congress finds the following: 

4 (1) In 2008, then Secretary of Defense Robert 

5 Gates warned that ‘‘to be blunt, there is absolutely 

6 no way we can maintain a credible deterrent and re7 duce the number of weapons in our stockpile without 

8 either resorting to testing our stockpile or pursuing 

9 a modernization program.’’. 

10 (2) Secretary Gates also warned in September 

11 2009 that modernization is a prerequisite to nuclear 

12 force reductions, stating that modernizing the nu13 clear capability of the United States is an ‘‘enabler 

14 of arms control and our ability to reduce the size of 

15 our nuclear stockpile. When we have more con16 fidence in the long-term viability of our weapons sys17 tems, then our ability to reduce the number of weap18 ons we must keep in the stockpile is enhanced.’’. 

19 (3) President Obama’s 2010 Nuclear Posture 

20 Review stated that— 

21 (A) ‘‘In order to sustain a safe, secure, 

22 and effective United States nuclear stockpile as 

23 long as nuclear weapons exist, the United 

24 States must possess a modern physical infra25 structure—comprised of the national security 


smartinez on DSK6TPTVN1PROD with BILLS
502 

HR 4310 RFS

1 laboratories and a complex of supporting facili2 ties.’’; and 

3 (B) ‘‘[I]mplementation of the Stockpile 

4 Stewardship Program and the nuclear infra5 structure investments recommended in the NPR 

6 will allow the United States to shift away from 

7 retaining large numbers of non-deployed war8 heads as a hedge against technical or geo9 political surprise, allowing major reductions in 

10 the nuclear stockpile. These investments are es11 sential to facilitating reductions while sus12 taining deterrence under New START and be13 yond.’’. 

14 (4) Section 1251 of the National Defense Au15 thorization Act for Fiscal Year 2010 (Public Law 

16 111–84; 123 Stat. 2549) required the President to 

17 submit a report to Congress on the plan for the nu18 clear weapons stockpile, nuclear weapons complex, 

19 and delivery platforms at the time a follow-on treaty 

20 to the Strategic Arms Reduction Treaty was sub21 mitted by the President to the Senate. The Presi22 dent submitted such report in May 2010 and sub23 mitted updates in November 2010 and February 

24 2011. 


smartinez on DSK6TPTVN1PROD with BILLS
503 

HR 4310 RFS

1 (5) Such section 1251 also contained a sense of 

2 Congress that ‘‘the enhanced safety, security, and 

3 reliability of the nuclear weapons stockpile, mod4 ernization of the nuclear weapons complex, and 

5 maintenance of nuclear delivery systems are key to 

6 enabling further reductions in the nuclear forces of 

7 the United States.’’. 

8 (6) Forty-one Senators wrote to President 

9 Obama on December 15, 2009, stating, ‘‘we don’t 

10 believe further reductions can be in the national se11 curity interest of the United States in the absence 

12 of a significant program to modernize our nuclear 

13 deterrent.’’. 

14 (7) Former Secretary of Defense and Secretary 

15 of Energy James Schlesinger stated, while testifying 

16 before the Committee on Foreign Relations of the 

17 Senate in April 2010, ‘‘I believe that it is immensely 

18 important for the Senate to ensure, what the Admin19 istration has stated as its intent, i.e., that there be 

20 a robust plan with a continuation of its support over 

21 the full 10 years, before it proceeds to ratify this 

22 START follow-on treaty.’’. 

23 (8) Former Secretary of State James Baker 

24 stated in testimony before the Committee on Foreign 

25 Relations of the Senate in May 2010 that ‘‘because 


smartinez on DSK6TPTVN1PROD with BILLS
504 

HR 4310 RFS

1 our security is based upon the safety and reliability 

2 of our nuclear weapons, it is important that our 

3 Government budget enough money to guarantee that 

4 those weapons can carry out their mission.’’. 

5 (9) Former Secretary of State Henry Kissinger 

6 also stated in May 2010 while testifying before the 

7 Committee on Foreign Relations of the Senate that 

8 ‘‘as part of a number of recommendations, my col9 leagues, Bill Perry, George Shultz, Sam Nunn, and 

10 I have called for significant investments in a re11 paired and modernized nuclear weapons infrastruc12 ture and added resources for the three national lab13 oratories.’’. 

14 (10) Then Secretary of Defense Robert Gates, 

15 while testifying before the Committee on Armed 

16 Services of the Senate in June 2010, stated, ‘‘I see 

17 this treaty as a vehicle to finally be able to get what 

18 we need in the way of modernization that we have 

19 been unable to get otherwise * * *. We are essen20 tially the only nuclear power in the world that is not 

21 carrying out these kinds of modernization pro22 grams.’’. 

23 (11) Secretary Gates further stated that ‘‘I’ve 

24 been up here for the last four springs trying to get 

25 money for this and this is the first time I think I’ve 


smartinez on DSK6TPTVN1PROD with BILLS
505 

HR 4310 RFS

1 got a fair shot of actually getting money for our nu2 clear arsenal.’’. 

3 (12) The Directors of the national nuclear 

4 weapons laboratories wrote to the chairman and 

5 ranking member of the Committee on Foreign Rela6 tions of the Senate in December 2010 that ‘‘We are 

7 very pleased by the update to the Section 1251 Re8 port, as it would enable the laboratories to execute 

9 our requirements for ensuring a safe, secure, reliable 

10 and effective stockpile under the Stockpile Steward11 ship and Management Plan. In particular, we are 

12 pleased because it clearly responds to many of the 

13 concerns that we and others have voiced in the past 

14 about potential future-year funding shortfalls, and it 

15 substantially reduces risks to the overall program. In 

16 summary, we believe that the proposed budgets pro17 vide adequate support to sustain the safety, security, 

18 reliability and effectiveness of America’s nuclear de19 terrent within the limit of 1,550 deployed strategic 

20 warheads established by the New START Treaty 

21 with adequate confidence and acceptable risk.’’. 

22 (13) President Obama pledged, in a December 

23 2010 letter to several Senators, ‘‘I recognize that 

24 nuclear modernization requires investment for the 

25 long-term * * *. That is my commitment to the ConVerDate Mar 15 2010 01:00 Jun 20, 2012 Jkt 019200 PO 00000 Frm 00505 Fmt 6652 Sfmt 6201 E:\BILLS\H4310.RFS H4310

smartinez on DSK6TPTVN1PROD with BILLS
506 

HR 4310 RFS

1 gress—that my Administration will pursue these 

2 programs and capabilities for as long as I am Presi3 dent.’’. 

4 (14) Secretary Gates added in May 2011 that, 

5 ‘‘this modernization program was very carefully 

6 worked out between ourselves and the Department 

7 of Energy; and, frankly, where we came out on that 

8 played a fairly significant role in the willingness of 

9 the Senate to ratify the New START agreement.’’. 

10 (15) The Administrator for Nuclear Security, 

11 Thomas D’Agostino, testified before Congress in No12 vember 2011 that, ‘‘it is critical to accept the link13 age between modernizing our current stockpile in 

14 order to achieve the policy objective of decreasing 

15 the number of weapons we have in our stockpile, 

16 while still ensuring that the deterrent is safe, secure, 

17 and effective.’’. 

18 (b) NEW START TREATY DEFINED.—In this sub19 title, the term ‘‘New START Treaty’’ means the Treaty 

20 between the United States of America and the Russian 

21 Federation on Measures for the Further Reduction and 

22 Limitation of Strategic Offensive Arms, signed on April 

23 8, 2010, and entered into force on February 5, 2011. 


smartinez on DSK6TPTVN1PROD with BILLS
507 

HR 4310 RFS

1 SEC. 1053. LIMITATION AND REPORT IN THE EVENT OF IN2 SUFFICIENT FUNDING FOR MODERNIZATION 

3 OF NUCLEAR WEAPONS STOCKPILE. 

4 (a) SENSE OF CONGRESS.—It is the sense of Con5 gress that— 

6 (1) consistent with Condition 9 of the Resolu7 tion of Advice and Consent to Ratification of the 

8 New START Treaty of the Senate, agreed to on De9 cember 22, 2011, the United States is committed to 

10 ensuring the safety, security, reliability, and credi11 bility of its nuclear forces; and 

12 (2) the United States is committed to— 

13 (A) proceeding with a robust stockpile 

14 stewardship program and maintaining and mod15 ernizing nuclear weapons production capabilities 

16 and capacities of the United States to ensure 

17 the safety, security, reliability, and credibility of 

18 the nuclear arsenal of the United States at the 

19 New START Treaty levels and meeting require20 ments for hedging against possible international 

21 developments or technical problems; 

22 (B) reinvigorating and sustaining the nu23 clear security laboratories of the United States 

24 and preserving the core nuclear weapons com25 petencies therein; and 


smartinez on DSK6TPTVN1PROD with BILLS
508 

HR 4310 RFS

1 (C) providing the resources needed to 

2 achieve these objectives, at a minimum at the 

3 levels set forth in the President’s 10-year plan 

4 provided to Congress in November 2010 pursu5 ant to section 1251 of the National Defense 

6 Authorization Act for Fiscal Year 2010 (Public 

7 Law 111–84; 123 Stat. 2549). 

8 (b) INSUFFICIENT FUNDING REPORT AND LIMITA9 TION.— 

10 (1) IN GENERAL.—Paragraph (2) of section 

11 1045(a) of the National Defense Authorization Act 

12 for Fiscal Year 2012 (50 U.S.C. 2523b) is amended 

13 to read as follows: 

14 ‘‘(2) INSUFFICIENT FUNDING.— 

15 ‘‘(A) REPORT.—During each year in which 

16 the New START Treaty is in force, if the 

17 President determines that an appropriations 

18 Act is enacted that fails to meet the resource 

19 levels set forth in the November 2010 update to 

20 the plan referred to in section 1251 of the Na21 tional Defense Authorization Act for Fiscal 

22 Year 2010 (Public Law 111–84; 123 Stat. 

23 2549) or if at any time determines that more 

24 resources are required to carry out such plan 

25 than were estimated, the President shall submit 


smartinez on DSK6TPTVN1PROD with BILLS
509 

HR 4310 RFS

1 to the appropriate congressional committees, 

2 within 60 days of making such a determination, 

3 a report detailing— 

4 ‘‘(i) a plan to remedy the resource 

5 shortfall; 

6 ‘‘(ii) if more resources are required to 

7 carry out the plan than were estimated— 

8 ‘‘(I) the proposed level of funding 

9 required; and 

10 ‘‘(II) an identification of the 

11 stockpile work, campaign, facility, 

12 site, asset, program, operation, activ13 ity, construction, or project for which 

14 additional funds are required; 

15 ‘‘(iii) any effects caused by the short16 fall on the safety, security, reliability, or 

17 credibility of the nuclear forces of the 

18 United States; and 

19 ‘‘(iv) whether and why, in light of the 

20 shortfall, remaining a party to the New 

21 START Treaty is in the national interest 

22 of the United States. 

23 ‘‘(B) LIMITATION.—If the President sub24 mits a report under subparagraph (A), none of 

25 the funds made available for fiscal year 2012 or 


smartinez on DSK6TPTVN1PROD with BILLS
510 

HR 4310 RFS

1 any fiscal year thereafter for the Department of 

2 Defense or the National Nuclear Security Ad3 ministration may be used to reduce the number 

4 of deployed nuclear warheads until— 

5 ‘‘(i) after the date on which such re6 port is submitted, the President certifies in 

7 writing to the appropriate congressional 

8 committees that the resource shortfall 

9 identified in such report has been ad10 dressed; and 

11 ‘‘(ii) a period of 120 days has elapsed 

12 following the date on which such certifi13 cation is made. 

14 ‘‘(C) EXCEPTION.—The limitation in sub15 paragraph (B) shall not apply to— 

16 ‘‘(i) reductions made to ensure the 

17 safety, security, reliability, and credibility 

18 of the nuclear weapons stockpile and stra19 tegic delivery systems, including activities 

20 related to surveillance, assessment, certifi21 cation, testing, and maintenance of nuclear 

22 warheads and strategic delivery systems; or 

23 ‘‘(ii) nuclear warheads that are retired 

24 or awaiting dismantlement on the date of 

25 the report under subparagraph (A). 


smartinez on DSK6TPTVN1PROD with BILLS
511 

HR 4310 RFS

1 ‘‘(D) DEFINITIONS.—In this paragraph: 

2 ‘‘(i) The term ‘appropriate congres3 sional committees’ means— 

4 ‘‘(I) the congressional defense 

5 committees; and 

6 ‘‘(II) the Committee on Foreign 

7 Relations of the Senate and the Com8 mittee on Foreign Affairs of the 

9 House of Representatives. 

10 ‘‘(ii) The term ‘New START Treaty’ 

11 means the Treaty between the United 

12 States of America and the Russian Federa13 tion on Measures for the Further Reduc14 tion and Limitation of Strategic Offensive 

15 Arms, signed on April 8, 2010, and en16 tered into force on February 5, 2011.’’. 

17 (2) EFFECTIVE DATE.—The amendment made 

18 by paragraph (1) shall take effect on October 1, 

19 2012. 

20 SEC. 1054. PROGRESS OF MODERNIZATION. 

21 (a) FINDINGS.—Congress finds the following: 

22 (1) In 2008, then Secretary of Defense Robert 

23 Gates warned that ‘‘to be blunt, there is absolutely 

24 no way we can maintain a credible deterrent and re25 duce the number of weapons in our stockpile without 


smartinez on DSK6TPTVN1PROD with BILLS
512 

HR 4310 RFS

1 either resorting to testing our stockpile or pursuing 

2 a modernization program.’’. 

3 (2) The 2010 Nuclear Posture Review stated 

4 that ‘‘the President has directed a review of post5 New START arms control objectives, to consider fu6 ture reductions in nuclear weapons. Several factors 

7 will influence the magnitude and pace of future re8 ductions in United States nuclear forces below New 

9 START levels’’, including— 

10 (A) ‘‘First, any future nuclear reductions 

11 must continue to strengthen deterrence of po12 tential regional adversaries, strategic stability 

13 vis-a`-vis Russia and China, and assurance of 

14 our allies and partners. This will require an up15 dated assessment of deterrence requirements; 

16 further improvements in United States, allied, 

17 and partner non-nuclear capabilities; focused 

18 reductions in strategic and non-strategic weap19 ons; and close consultations with allies and 

20 partners. The United States will continue to en21 sure that, in the calculations of any potential 

22 opponent, the perceived gains of attacking the 

23 United States or its allies and partners would 

24 be far outweighed by the unacceptable costs of 

25 the response.’’; 


smartinez on DSK6TPTVN1PROD with BILLS
513 

HR 4310 RFS

1 (B) ‘‘Second, implementation of the Stock2 pile Stewardship Program and the nuclear in3 frastructure investments recommended in the 

4 NPR will allow the United States to shift away 

5 from retaining large numbers of non-deployed 

6 warheads as a hedge against technical or geo7 political surprise, allowing major reductions in 

8 the nuclear stockpile. These investments are es9 sential to facilitating reductions while sus10 taining deterrence under New START and be11 yond.’’; and 

12 (C) ‘‘Third, Russia’s nuclear force will re13 main a significant factor in determining how 

14 much and how fast we are prepared to reduce 

15 United States forces. Because of our improved 

16 relations, the need for strict numerical parity 

17 between the two countries is no longer as com18 pelling as it was during the Cold War. But 

19 large disparities in nuclear capabilities could 

20 raise concerns on both sides and among United 

21 States allies and partners, and may not be con22 ducive to maintaining a stable, long-term stra23 tegic relationship, especially as nuclear forces 

24 are significantly reduced. Therefore, we will 


smartinez on DSK6TPTVN1PROD with BILLS
514 

HR 4310 RFS

1 place importance on Russia joining us as we 

2 move to lower levels.’’. 

3 (3) The 2010 Nuclear Posture Review also stat4 ed that the Administration would ‘‘conduct follow-on 

5 analysis to set goals for future nuclear reductions 

6 below the levels expected in New START, while 

7 strengthening deterrence of potential regional adver8 saries, strategic stability vis-a`-vis Russia and China, 

9 and assurance of our allies and partners.’’. 

10 (4) The Secretary of Defense has warned in 

11 testimony before the Committee on Armed Services 

12 of the House of Representatives regarding the se13 questration mechanism under section 251A of the 

14 Balanced Budget and Emergency Deficit Control 

15 Act of 1985 that ‘‘if this sequester goes into effect 

16 and it doubles the number of cuts, then it’ll truly 

17 devastate our national defense, because it will then 

18 require that we have to go at our force structure. 

19 We will have to hollow it out * * * [i]t will badly 

20 damage our capabilities for the future * * *. And if 

21 you have a smaller force, you’re not going to be able 

22 to be out there responding in as many areas as we 

23 do now.’’. 

24 (5) The 2010 Nuclear Posture Review also stat25 ed that ‘‘by modernizing our aging nuclear facilities 


smartinez on DSK6TPTVN1PROD with BILLS
515 

HR 4310 RFS

1 and investing in human capital, we can substantially 

2 reduce the number of nuclear weapons we retain as 

3 a hedge.’’. 

4 (6) The President requested the promised 

5 $7,600,000,000 for weapons activities of the Na6 tional Nuclear Security Administration in fiscal year 

7 2012 but signed an appropriations Act for fiscal 

8 year 2012 that provided only $7,233,997,000, a sub9 stantial reduction to only the second year of the ten10 year plan under section 1251 of the National De11 fense Authorization Act for Fiscal Year 2010 (Pub12 lic Law 111–84; 123 Stat. 2549). 

13 (7) The President requested only 

14 $7,577,341,000 for weapons activities of the Na15 tional Nuclear Security Administration in fiscal year 

16 2013 while the President’s section 1251 plan prom17 ised $7,900,000,000. 

18 (8) The President’s section 1251 plan further 

19 promised to request $8,400,000,000 in fiscal year 

20 2014, $8,700,000,000 in fiscal year 2015, 

21 $8,900,000,000 in fiscal year 2016, at least 

22 $8,900,000,000 in fiscal year 2017, at least 

23 $9,200,000,000 in fiscal year 2018, at least 

24 $9,400,000,000 in fiscal year 2019, at least 


smartinez on DSK6TPTVN1PROD with BILLS
516 

HR 4310 RFS

1 $9,400,000,000 in fiscal year 2020, and at least 

2 $9,500,000,000 in fiscal year 2021. 

3 (9) While the administration has not yet shared 

4 with Congress the terms of reference of the so-called 

5 Nuclear Posture Review Implementation Study, or 

6 the Department of Defense’s instructions for that 

7 review, the only publicly available statements by the 

8 administration, including language from the Nuclear 

9 Posture Review, suggest the review was specifically 

10 instructed by the President and his senior political 

11 appointees to only consider reductions to the nuclear 

12 forces of the United States. 

13 (10) When asked at a hearing if the New 

14 START Treaty allowed the United States ‘‘to main15 tain a nuclear arsenal that is more than is needed 

16 to guarantee an adequate deterrent,’’ then Com17 mander of the United States Strategic Command, 

18 General Kevin P. Chilton said, ‘‘I do not agree that 

19 it is more than is needed. I think the arsenal that 

20 we have is exactly what is needed today to provide 

21 the deterrent.’’. 

22 (b) NUCLEAR EMPLOYMENT STRATEGY.—Section 

23 491 of title 10, United States Code, as amended by section 

24 1051, is amended by adding after subsection (b) the fol25 lowing: 


smartinez on DSK6TPTVN1PROD with BILLS
517 

HR 4310 RFS

1 ‘‘(c) LIMITATION.—With respect to a new nuclear 

2 weapons employment strategy described in a report sub3 mitted to Congress under subsection (a), none of the funds 

4 made available for fiscal year 2012 or any fiscal year 

5 thereafter for the Department of Defense may be used to 

6 implement such strategy until a period of one year has 

7 elapsed following the date on which such report is sub8 mitted to Congress.’’. 

9 (c) LIMITATION.—During each of fiscal years 2012 

10 through 2021, none of the funds made available for each 

11 such fiscal year for the Department of Defense may be 

12 used to carry out the results of the decisions made pursu13 ant to the 2010 Nuclear Posture Review Implementation 

14 Study that would alter the nuclear weapons employment 

15 strategy, guidance, plans, or options of the United States 

16 until the date on which the President certifies to the con17 gressional defense committees that— 

18 (1) the President has included the resources 

19 necessary to carry out the February 2011 update to 

20 the report required under section 1251 of the Na21 tional Defense Authorization Act for Fiscal Year 

22 2010 (Public Law 111–84; 123 Stat. 2549) in the 

23 budget of the President submitted to Congress 

24 under section 1105(a) of title 31, United States 

25 Code, for such fiscal year; 


smartinez on DSK6TPTVN1PROD with BILLS
518 

HR 4310 RFS

1 (2) the resources described in paragraph (1) 

2 have been provided to the President in an appropria3 tions Act; and 

4 (3) the sequestration mechanism under section 

5 251A of the Balanced Budget and Emergency Def6 icit Control Act of 1985 has been repealed or the se7 questration mechanism under such section for the 

8 security category has otherwise been terminated. 

9 SEC. 1055. LIMITATION ON STRATEGIC DELIVERY SYSTEM 

10 REDUCTIONS. 

11 (a) FINDINGS.—Congress finds the following: 

12 (1) The Nuclear Posture Review of 2010 said, 

13 with respect to modernizing the triad, ‘‘for planned 

14 reductions under New START, the United States 

15 should retain a smaller Triad of SLBMs, ICBMs, 

16 and heavy bombers. Retaining all three Triad legs 

17 will best maintain strategic stability at reasonable 

18 cost, while hedging against potential technical prob19 lems or vulnerabilities.’’. 

20 (2) The Senate stated in Declaration 13 of the 

21 Resolution of Advice and Consent to Ratification of 

22 the New START Treaty that ‘‘In accordance with 

23 paragraph 1 of Article V of the New START Trea24 ty, which states that, ‘Subject to the provisions of 

25 this Treaty, modernization and replacement of straVerDate Mar 15 2010 01:00 Jun 20, 2012 Jkt 019200 PO 00000 Frm 00518 Fmt 6652 Sfmt 6201 E:\BILLS\H4310.RFS H4310

smartinez on DSK6TPTVN1PROD with BILLS
519 

HR 4310 RFS

1 tegic offensive arms may be carried out,’ it is the 

2 sense of the Senate that United States deterrence 

3 and flexibility is assured by a robust triad of stra4 tegic delivery vehicles. To this end, the United 

5 States is committed to accomplishing the moderniza6 tion and replacement of its strategic nuclear delivery 

7 vehicles, and to ensuring the continued flexibility of 

8 United States conventional and nuclear delivery sys9 tems.’’. 

10 (3) The Senate required the President, prior to 

11 the entry into force of the New START Treaty, to 

12 certify to the Senate that the President intended to 

13 modernize or replace the triad of strategic nuclear 

14 delivery systems. 

15 (4) The President made this certification in a 

16 message to the Senate on February 2, 2011, in 

17 which the President stated, ‘‘I intend to (a) mod18 ernize or replace the triad of strategic nuclear deliv19 ery systems: a heavy bomber and air-launched cruise 

20 missile, an ICBM, and a nuclear-powered ballistic 

21 missile submarine (SSBN) and SLBM; and (b) 

22 maintain the United States rocket motor industrial 

23 base.’’. 

24 (b) LIMITATION.— 


smartinez on DSK6TPTVN1PROD with BILLS
520 

HR 4310 RFS

1 (1) IN GENERAL.—Chapter 24 of title 10, 

2 United States Code, as added by section 1051, is 

3 amended by adding at the end the following new sec4 tion: 

5 ‘‘§ 494. Strategic delivery system reductions 

6 ‘‘(a) ANNUAL CERTIFICATION.—Beginning fiscal 

7 year 2013, the President shall annually certify in writing 

8 to the congressional defense committees whether plans to 

9 modernize or replace strategic delivery systems are fully 

10 resourced and being executed at a level equal to or more 

11 than the levels set forth in the November 2010 update 

12 to the plan referred to in section 1251 of the National 

13 Defense Authorization Act for Fiscal Year 2010 (Public 

14 Law 111–84; 123 Stat. 2549), including plans regard15 ing— 

16 ‘‘(1) a heavy bomber and air-launched cruise 

17 missile; 

18 ‘‘(2) an intercontinental ballistic missile; 

19 ‘‘(3) a submarine-launched ballistic missile; 

20 ‘‘(4) a ballistic missile submarine; and 

21 ‘‘(5) maintaining— 

22 ‘‘(A) the nuclear command and control sys23 tem; and 

24 ‘‘(B) the rocket motor industrial base of 

25 the United States. 


smartinez on DSK6TPTVN1PROD with BILLS
521 

HR 4310 RFS

1 ‘‘(b) LIMITATION.—If the President certifies under 

2 subsection (a) that plans to modernize or replace strategic 

3 delivery systems are not fully resourced or being executed, 

4 none of the funds made available for fiscal year 2012 or 

5 any fiscal year thereafter for the Department of Defense 

6 may be used to reduce, convert, or eliminate strategic de7 livery systems, whether deployed or nondeployed, pursuant 

8 to the New START Treaty or otherwise until a period of 

9 120 days has elapsed following the date on which such 

10 certification is made. 

11 ‘‘(c) EXCEPTION.—The limitation in subsection (b) 

12 shall not apply to— 

13 ‘‘(1) reductions made to ensure the safety, secu14 rity, reliability, and credibility of the nuclear weap15 ons stockpile and strategic delivery systems, includ16 ing activities related to surveillance, assessment, cer17 tification, testing, and maintenance of nuclear war18 heads and delivery systems; or 

19 ‘‘(2) strategic delivery systems that are retired 

20 or awaiting dismantlement on the date of the certifi21 cation under subsection (a). 

22 ‘‘(d) DEFINITIONS.—In this section: 

23 ‘‘(1) The term ‘New START Treaty’ means the 

24 Treaty between the United States of America and 

25 the Russian Federation on Measures for the Further 


smartinez on DSK6TPTVN1PROD with BILLS
522 

HR 4310 RFS

1 Reduction and Limitation of Strategic Offensive 

2 Arms, signed on April 8, 2010, and entered into 

3 force on February 5, 2011. 

4 ‘‘(2) The term ‘strategic delivery system’ means 

5 a delivery platform for nuclear weapons.’’. 

6 (2) CLERICAL AMENDMENTS.—The table of sec7 tions at the beginning of such chapter is amended 

8 by adding at the end the following new item: 

‘‘494. Strategic delivery system reductions.’’. 

9 SEC. 1056. PREVENTION OF ASYMMETRY OF NUCLEAR 

10 WEAPON STOCKPILE REDUCTIONS. 

11 (a) FINDINGS.—Congress finds the following: 

12 (1) Then Secretary of Defense Robert Gates 

13 warned in 2008 that, ‘‘There is no way to ignore ef14 forts by rogue states such as North Korea and Iran 

15 to develop and deploy nuclear weapons or Russian or 

16 Chinese strategic modernization programs. To be 

17 sure, we do not consider Russia or China as adver18 saries, but we cannot ignore these developments and 

19 the implications they have for our national secu20 rity.’’. 

21 (2) The 2010 Nuclear Posture Review stated 

22 that, ‘‘large disparities in nuclear capabilities could 

23 raise concerns on both sides and among United 

24 States allies and partners, and may not be conducive 

25 to maintaining a stable, long-term strategic relationVerDate Mar 15 2010 01:00 Jun 20, 2012 Jkt 019200 PO 00000 Frm 00522 Fmt 6652 Sfmt 6201 E:\BILLS\H4310.RFS H4310

smartinez on DSK6TPTVN1PROD with BILLS
523 

HR 4310 RFS

1 ship, especially as nuclear forces are significantly re2 duced.’’. 

3 (3) The Senate stated in the Resolution of Ad4 vice and Consent to Ratification of the New START 

5 Treaty that, ‘‘It is the sense of the Senate that, in 

6 conducting the reductions mandated by the New 

7 START Treaty, the President should regulate reduc8 tions in United States strategic offensive arms so 

9 that the number of accountable strategic offensive 

10 arms under the New START Treaty possessed by 

11 the Russian Federation in no case exceeds the com12 parable number of accountable strategic offensive 

13 arms possessed by the United States to such an ex14 tent that a strategic imbalance endangers the na15 tional security interests of the United States.’’. 

16 (4) At a hearing before the Committee on 

17 Armed Services of the House of Representatives in 

18 2011, Secretary of Defense Leon Panetta said, with 

19 respect to unilateral nuclear reductions by the 

20 United States, ‘‘I don’t think we ought to do that 

21 unilaterally—we ought to do that on the basis of ne22 gotiations with the Russians and others to make 

23 sure we are all walking the same path.’’. 

24 (b) CERTIFICATION.—Section 1045 of the National 

25 Defense Authorization Act for Fiscal Year 2012 (50 


smartinez on DSK6TPTVN1PROD with BILLS
524 

HR 4310 RFS

1 U.S.C. 2523b) is amended by adding at the end the fol2 lowing new subsection: 

3 ‘‘(d) PREVENTION OF ASYMMETRY IN REDUC4 TIONS.— 

5 ‘‘(1) CERTIFICATION.—During any year in 

6 which the President recommends to reduce the num7 ber of nuclear weapons in the active and inactive 

8 stockpiles of the United States by a number that is 

9 greater than one percent of the number of nuclear 

10 weapons in such stockpiles, the President shall cer11 tify in writing to the congressional defense commit12 tees whether such reductions will cause the number 

13 of nuclear weapons in such stockpiles to be fewer 

14 than the number of nuclear weapons in the active 

15 and inactive stockpiles of the Russian Federation. 

16 ‘‘(2) LIMITATION.—If the President certifies 

17 under paragraph (1) that the recommended number 

18 of nuclear weapons in the active and inactive stock19 piles of the United States is fewer than the number 

20 of nuclear weapons in the active and inactive stock21 piles of the Russian Federation, none of the funds 

22 made available for fiscal year 2012 or any fiscal year 

23 thereafter for the Department of Defense or the Na24 tional Nuclear Security Administration may be used 


smartinez on DSK6TPTVN1PROD with BILLS
525 

HR 4310 RFS

1 to carry out any reduction to such stockpiles of the 

2 United States until— 

3 ‘‘(A) after the date on which such certifi4 cation is made, the President transmits to the 

5 congressional defense committees a report by 

6 the Commander of the United States Strategic 

7 Command, without change, detailing whether 

8 the recommended reduction would create a stra9 tegic imbalance between the total nuclear forces 

10 of the United States and the total nuclear 

11 forces of the Russian Federation; and 

12 ‘‘(B) a period of 180 days has elapsed fol13 lowing the date on which such report is trans14 mitted. 

15 ‘‘(3) EXCEPTION.—The limitation in paragraph 

16 (2) shall not apply to— 

17 ‘‘(A) reductions made to ensure the safety, 

18 security, reliability, and credibility of the nu19 clear weapons stockpile and strategic delivery 

20 systems, including activities related to surveil21 lance, assessment, certification, testing, and 

22 maintenance of nuclear warheads and strategic 

23 delivery systems; or 


smartinez on DSK6TPTVN1PROD with BILLS
526 

HR 4310 RFS

1 ‘‘(B) nuclear warheads that are retired or 

2 awaiting dismantlement on the date of the cer3 tification under paragraph (1).’’. 

4 SEC. 1057. CONSIDERATION OF EXPANSION OF NUCLEAR 

5 FORCES OF OTHER COUNTRIES. 

6 (a) FINDINGS.—Congress finds the following: 

7 (1) The Resolution of Advice and Consent to 

8 Ratification of the New START Treaty of the Sen9 ate said, ‘‘It is the sense of the Senate that if, dur10 ing the time the New START Treaty remains in 

11 force, the President determines that there has been 

12 an expansion of the strategic arsenal of any country 

13 not party to the New START Treaty so as to jeop14 ardize the supreme interests of the United States, 

15 then the President should consult on an urgent basis 

16 with the Senate to determine whether adherence to 

17 the New START Treaty remains in the national in18 terest of the United States.’’. 

19 (2) In 2011, experts testified before the Com20 mittee on Armed Services of the House of Rep21 resentatives that— 

22 (A) ‘‘Russia is modernizing every leg of its 

23 nuclear triad with new, more advanced sys24 tems’’, including new ballistic missile sub25 marines, new heavy intercontinental ballistic 


smartinez on DSK6TPTVN1PROD with BILLS
527 

HR 4310 RFS

1 missiles carrying up to 15 warheads each, new 

2 shorter range ballistic missiles, and new low3 yield warheads; and 

4 (B) ‘‘China is steadily increasing the num5 bers and capabilities of the ballistic missiles it 

6 deploys and is upgrading older ICBMs to 

7 newer, more advanced systems. China also ap8 pears to be actively working to develop a sub9 marine-based nuclear deterrent force, something 

10 it has never had * * *. A recent unclassified 

11 Department of Defense report says that this 

12 network of tunnels could be in excess of 5,000 

13 kilometers and is used to transport nuclear 

14 weapons and forces.’’. 

15 (b) REPORT AND CERTIFICATION.— 

16 (1) IN GENERAL.—Chapter 24 of title 10, 

17 United States Code, as added by section 1051, is 

18 amended by adding at the end the following new sec19 tion: 

20 ‘‘§ 495. Consideration of expansion of nuclear forces 

21 of other countries 

22 ‘‘(a) REPORT AND CERTIFICATION.—During any 

23 year in which the President recommends any reductions 

24 in the nuclear forces of the United States, none of the 

25 funds made available for fiscal year 2012 or any fiscal 


smartinez on DSK6TPTVN1PROD with BILLS
528 

HR 4310 RFS

1 year thereafter for the Department of Defense or the Na2 tional Nuclear Security Administration may be used for 

3 such recommended reduction until the date on which— 

4 ‘‘(1) the President transmits to the appropriate 

5 congressional committees a report detailing, for each 

6 country with nuclear weapons— 

7 ‘‘(A) the number of each type of nuclear 

8 weapons possessed by such country; 

9 ‘‘(B) the modernization plans for such 

10 weapons of such country; 

11 ‘‘(C) the production capacity of nuclear 

12 warheads and strategic delivery systems (as de13 fined in section 491(c) of this title) of such 

14 country; and 

15 ‘‘(D) the nuclear doctrine of such country; 

16 and 

17 ‘‘(2) the Commander of the United States Stra18 tegic Command certifies to the appropriate congres19 sional committees whether such recommended reduc20 tions in the nuclear forces of the United States 

21 will— 

22 ‘‘(A) impair the ability of the United 

23 States to address— 

24 ‘‘(i) unplanned strategic or geo25 political events; or 


smartinez on DSK6TPTVN1PROD with BILLS
529 

HR 4310 RFS

1 ‘‘(ii) technical challenge; or 

2 ‘‘(B) degrade the deterrence or assurance 

3 provided by the United States to friends and al4 lies of the United States. 

5 ‘‘(b) FORM.—The reports required by subsection 

6 (a)(1) shall be submitted in unclassified form, but may 

7 include a classified annex. 

8 ‘‘(c) APPROPRIATE CONGRESSIONAL COMMITTEES

9 DEFINED.—In this section, the term ‘appropriate congres10 sional committees’ means the following: 

11 ‘‘(1) The congressional defense committees. 

12 ‘‘(2) The Committee on Foreign Affairs of the 

13 House of Representatives and the Committee on 

14 Foreign Relations of the Senate.’’. 

15 (2) The table of sections at the beginning of 

16 chapter 24 of title 10, United States Code, is 

17 amended by inserting after the item relating to sec18 tion 494 the following new item: 

‘‘495. Consideration of expansion of nuclear forces of other countries.’’. 

19 SEC. 1058. CHEMISTRY AND METALLURGY RESEARCH RE20 PLACEMENT NUCLEAR FACILITY AND URA21 NIUM PROCESSING FACILITY. 

22 (a) FINDINGS.—Congress finds the following: 

23 (1) Administrator for Nuclear Security Thomas 

24 D’Agostino testified before the Committee on Armed 

25 Services of the House of Representatives in FebVerDate Mar 15 2010 01:00 Jun 20, 2012 Jkt 019200 PO 00000 Frm 00529 Fmt 6652 Sfmt 6201 E:\BILLS\H4310.RFS H4310

smartinez on DSK6TPTVN1PROD with BILLS
530 

HR 4310 RFS

1 ruary 2008 that ‘‘Infrastructure improvements are a 

2 major part of the complex transformation plan that 

3 we have, and we’ve made important progress, but we 

4 have a lot more to do. Some major facilities that we 

5 have date back to World War II and cannot readily 

6 meet today’s safety and security requirements. Let 

7 me give you just two quick examples, if I could. A 

8 sufficient capability to work with plutonium is an es9 sential part of a national security enterprise and is 

10 required for as long as we retain a nuclear deter11 rent, and most likely even longer. Currently, we have 

12 a very small production capacity at Los Alamos, 

13 about 10 pits per year, at our TA–55 area. Our 

14 building at Los Alamos, the Chemistry and Metal15 lurgy Research Facility, is well over 50 years old 

16 and is insufficient to support the national security 

17 requirements for the stockpile and for future na18 tional security mission areas. So, whether we con19 tinue on our existing path or move towards a re20 placement modern warhead-type stockpile, we still 

21 need the capacity to produce about 50 to 80 pits per 

22 year, which is less than one-tenth of our Cold War 

23 level, as well as the ability to carry out pit surveil24 lance, which is an essential part of maintaining our 

25 stockpile.’’. 


smartinez on DSK6TPTVN1PROD with BILLS
531 

HR 4310 RFS

1 (2) Then Commander of the United States 

2 Strategic Command General Kevin P. Chilton also 

3 testified in February 2008 that ‘‘When you have a 

4 responsive complex that has the capacity to flex to 

5 production as you may need it or adjust your de6 ployed force posture in the future, should you need 

7 it—in other words, if we go to a lower number, you 

8 need to be certain that you can come back up, 

9 should the strategic environment change, and you 

10 can’t necessarily without that flexible or responsive 

11 infrastructure behind it, and that’s probably one of 

12 my great concerns. And then how you posture both 

13 the portion of your stockpile that you hold in reserve 

14 and your confidence in the weapons that you have 

15 deployed is very much a function of modernizing, in 

16 my view, the weapons systems that we have available 

17 today, which are, as the secretary described, of Cold 

18 War legacy design, and the associated issues with 

19 them.’’. 

20 (3) The Congressional Commission on the Stra21 tegic Posture of the United States reported in May 

22 2009, with respect to the timing of the replacement 

23 of the nuclear weapons infrastructure of the United 

24 States, that ‘‘This raises an obvious question about 

25 whether these two replacement programs might proVerDate Mar 15 2010 01:00 Jun 20, 2012 Jkt 019200 PO 00000 Frm 00531 Fmt 6652 Sfmt 6201 E:\BILLS\H4310.RFS H4310

smartinez on DSK6TPTVN1PROD with BILLS
532 

HR 4310 RFS

1 ceed in sequence rather than concurrently. There are 

2 strong arguments for moving forward concurrently. 

3 Existing facilities are genuinely decrepit and are 

4 maintained in a safe and secure manner only at high 

5 cost. Moreover, the improved production capabilities 

6 they promise are integral to the program of refur7 bishment and modernization described in the pre8 ceding chapter. If funding can be found for both, 

9 this would best serve the national interest in main10 taining a safe, secure, and reliable stockpile of weap11 ons in the most effective and efficient manner.’’. 

12 (4) The 2010 Nuclear Posture Review states— 

13 (A) ‘‘The National Nuclear Security Ad14 ministration (NNSA), in close coordination with 

15 DoD, will provide a new stockpile stewardship 

16 and management plan to Congress within 90 

17 days, consistent with the increases in infra18 structure investment requested in the Presi19 dent’s FY 2011 budget. As critical infrastruc20 ture is restored and modernized, it will allow 

21 the United States to begin to shift away from 

22 retaining large numbers of non-deployed war23 heads as a technical hedge, allowing additional 

24 reductions in the United States stockpile of 

25 non-deployed nuclear weapons over time.’’; 


smartinez on DSK6TPTVN1PROD with BILLS
533 

HR 4310 RFS

1 (B) ‘‘In order to sustain a safe, secure, 

2 and effective United States nuclear stockpile as 

3 long as nuclear weapons exist, the United 

4 States must possess a modern physical infra5 structure—comprised of the national security 

6 laboratories and a complex of supporting facili7 ties.’’; 

8 (C) ‘‘Funding the Chemistry and Metal9 lurgy Research Replacement Project at Los Al10 amos National Laboratory to replace the exist11 ing 50-year old Chemistry and Metallurgy Re12 search facility in 2021.’’; 

13 (D) ‘‘Developing a new Uranium Proc14 essing Facility at the Y–12 Plant in Oak Ridge, 

15 Tennessee to come on line for production oper16 ations in 2021.’’; 

17 (E) ‘‘Without an ability to produce ura18 nium components, any plan to sustain the 

19 stockpile, as well as support for our Navy nu20 clear propulsion, will come to a halt. This would 

21 have a significant impact, not just on the weap22 ons program, but in dealing with nuclear dan23 gers of many kinds.’’; and 

24 (F) ‘‘The non-deployed stockpile currently 

25 includes more warheads than required for the 


smartinez on DSK6TPTVN1PROD with BILLS
534 

HR 4310 RFS

1 above purposes, due to the limited capacity of 

2 the National Nuclear Security Administration 

3 (NNSA) complex to conduct LEPs for deployed 

4 weapons in a timely manner. Progress in restor5 ing NNSA’s production infrastructure will allow 

6 these excess warheads to be retired along with 

7 other stockpile reductions planned over the next 

8 decade.’’. 

9 (5) In the memorandum of agreement between 

10 the Department of Defense and the Department of 

11 Energy concerning the modernization of the nuclear 

12 weapon stockpile of the United States dated May 3, 

13 2010, then Secretary of Defense Robert Gates and 

14 Secretary of Energy Steven Chu agreed that ‘‘DOE 

15 Agrees to * * * increase pit production capacity * 

16 * * plan and program to ramp up to a minimum of 

17 50–80 PPY in 2022.’’. 

18 (6) The plan required under section 1251 of the 

19 National Defense Authorization Act for Fiscal Year 

20 2010 (Public Law 111–84; 123 Stat. 2549) sub21 mitted by the President states that the Chemistry 

22 and Metallurgy Research Replacement building and 

23 the Uranium Processing Facility will complete con24 struction by 2021 and will achieve full operational 

25 functionality by 2024. 


smartinez on DSK6TPTVN1PROD with BILLS
535 

HR 4310 RFS

1 (7) The Senate required that, prior to the entry 

2 into force of the New START Treaty, the President 

3 certifies to the Senate that the President intends 

4 to— 

5 (A) accelerate to the extent possible the 

6 design and engineering phase of the Chemistry 

7 and Metallurgy Research Replacement building 

8 and the Uranium Processing Facility; and 

9 (B) request full funding, including on a 

10 multiyear basis as appropriate, for the Chem11 istry and Metallurgy Research Replacement 

12 building and the Uranium Processing Facility 

13 upon completion of the design and engineering 

14 phase for such facilities. 

15 (8) The President did request full funding for 

16 such facilities on February 2, 2011, when the Presi17 dent stated, ‘‘I intend to (a) accelerate, to the extent 

18 possible, the design and engineering phase of the 

19 Chemistry and Metallurgy Research Replacement 

20 (CMRR) building and the Uranium Processing Fa21 cility (UPF); and (b) request full funding, including 

22 on a multi-year basis as appropriate, for the CMRR 

23 building and the UPF upon completion of the design 

24 and engineering phase for such facilities.’’. 


smartinez on DSK6TPTVN1PROD with BILLS
536 

HR 4310 RFS

1 (b) LIMITATION.—Section 1045 of the National De2 fense Authorization Act for Fiscal Year 2012 (50 U.S.C. 

3 2523b), as amended by section 1056(b), is amended by 

4 adding at the end the following new subsection: 

5 ‘‘(e) CMRR AND UPF.— 

6 ‘‘(1) ANNUAL CERTIFICATION.—Beginning fis7 cal year 2013, the President shall annually certify in 

8 writing to the congressional defense committees 

9 whether— 

10 ‘‘(A) the construction of both the Chem11 istry and Metallurgy Research Replacement 

12 building and the Uranium Processing Facility 

13 will be completed by not later than 2021; and 

14 ‘‘(B) both facilities will be fully operational 

15 by not later than 2024. 

16 ‘‘(2) LIMITATION.—If the President certifies 

17 under paragraph (1) that the Chemistry and Metal18 lurgy Research Replacement building and the Ura19 nium Processing Facility will be completed by later 

20 than 2021 or be fully operational by later than 

21 2024, none of the funds made available for fiscal 

22 year 2012 or any fiscal year thereafter for the Na23 tional Nuclear Security Administration may be used 

24 to reduce the nondeployed nuclear warheads in the 

25 nuclear weapons stockpile of the United States until 


smartinez on DSK6TPTVN1PROD with BILLS
537 

HR 4310 RFS

1 a period of 120 days has elapsed following the date 

2 of such certification. 

3 ‘‘(3) EXCEPTION.—The limitation in paragraph 

4 (2) shall not apply to— 

5 ‘‘(A) reductions made to ensure the safety, 

6 security, reliability, and credibility of the nu7 clear weapons stockpile and delivery systems, 

8 including activities related to surveillance, as9 sessment, certification, testing, and mainte10 nance of nuclear warheads and strategic deliv11 ery systems; or 

12 ‘‘(B) nuclear warheads that are retired or 

13 awaiting dismantlement on the date of the cer14 tification under paragraph (1). 

15 ‘‘(4) TERMINATION.—The requirement in para16 graph (1) shall terminate on the date on which the 

17 President certifies in writing to the congressional de18 fense committees that the Chemistry and Metallurgy 

19 Research Replacement building and the Uranium 

20 Processing Facility are both fully operational.’’. 

21 SEC. 1059. NUCLEAR WARHEADS ON INTERCONTINENTAL 

22 BALLISTIC MISSILES OF THE UNITED STATES. 

23 (a) SENSE OF CONGRESS.—It is the sense of Con24 gress that reducing the number of nuclear warheads con25 tained on each intercontinental ballistic missile of the 


smartinez on DSK6TPTVN1PROD with BILLS
538 

HR 4310 RFS

1 United States does not promote strategic stability if at 

2 the same time other nuclear weapons states, including the 

3 Russian Federation and the People’s Republic of China, 

4 are rapidly increasing the warhead-loading of their land5 based missile forces. 

6 (b) LIMITATION.— 

7 (1) IN GENERAL.—Chapter 24 of title 10, 

8 United States Code, as added by section 1051, is 

9 amended by adding at the end the following new sec10 tion: 

11 ‘‘§ 496. Nuclear warheads on intercontinental bal12 listic missiles of the United States 

13 ‘‘(a) IN GENERAL.—During any year in which the 

14 President proposes to reduce the number of nuclear war15 heads contained on an intercontinental ballistic missile of 

16 the United States, none of the funds made available for 

17 fiscal year 2012 or any fiscal year thereafter for the De18 partment of Defense or the National Nuclear Security Ad19 ministration may be used for such proposed reduction if 

20 the reduction results in such missile having only a single 

21 nuclear warhead unless the President certifies in writing 

22 to the congressional defense committees that the Russian 

23 Federation and the People’s Republic of China are both 

24 also carrying out a similar reduction. 


smartinez on DSK6TPTVN1PROD with BILLS
539 

HR 4310 RFS

1 ‘‘(b) EXCEPTION.—The limitation in subsection (a) 

2 shall not apply to reductions made to ensure the safety, 

3 security, reliability, and credibility of the nuclear weapons 

4 stockpile and delivery systems, including activities related 

5 to surveillance, assessment, certification, testing, and 

6 maintenance of nuclear warheads and strategic delivery 

7 systems.’’. 

8 (2) The table of sections at the beginning of 

9 chapter 24 of title 10, United States Code, is 

10 amended by inserting after the item relating to sec11 tion 495 the following: 

‘‘496. Nuclear warheads on intercontinental ballistic missiles of the United 

States.’’. 

12 SEC. 1060. NONSTRATEGIC NUCLEAR WEAPON REDUC13 TIONS AND EXTENDED DETERRENCE POLICY. 

14 (a) FINDINGS.—Congress finds the following: 

15 (1) The NATO Strategic Concept of 2010 en16 dorsed the continued role of nuclear weapons in the 

17 security of the NATO alliance, stating— 

18 (A) ‘‘The supreme guarantee of the secu19 rity of the Allies is provided by the strategic nu20 clear forces of the Alliance, particularly those of 

21 the United States; the independent strategic 

22 nuclear forces of the United Kingdom and 

23 France, which have a deterrent role of their 


smartinez on DSK6TPTVN1PROD with BILLS
540 

HR 4310 RFS

1 own, contribute to the overall deterrence and 

2 security of the Allies.’’; 

3 (B) ‘‘We will ensure that NATO has the 

4 full range of capabilities necessary to deter and 

5 defend against any threat to the safety and se6 curity of our populations. Therefore, we will * 

7 * * maintain an appropriate mix of nuclear and 

8 conventional forces’’; and 

9 (C) ‘‘[NATO will] ensure the broadest pos10 sible participation of Allies in collective defence 

11 planning on nuclear roles, in peacetime basing 

12 of nuclear forces, and in command, control and 

13 consultation arrangements.’’. 

14 (2) However, the 2010 Strategic Concept also 

15 walked away from the decades-long policy encap16 sulated by the 1999 Strategic Concept that said, 

17 ‘‘The presence of United States conventional and 

18 nuclear forces in Europe remains vital to the secu19 rity of Europe, which is inseparably linked to that 

20 of North America.’’. 

21 (3) Former Secretary of Defense William Perry 

22 said in March 2011 testimony before the Sub23 committee on Strategic Forces of the Committee on 

24 Armed Services of the House of Representatives that 

25 ‘‘the reason we have nuclear weapons in Europe in 


smartinez on DSK6TPTVN1PROD with BILLS
541 

HR 4310 RFS

1 the first place, is not because the rest of our weap2 ons are not capable of deterrence, but because, dur3 ing the Cold War at least, our allies in Europe felt 

4 more assured when we had nuclear weapons in Eu5 rope. That is why they were deployed there in the 

6 first place. Today the issue is a little different. The 

7 issue is the Russians in the meantime have built a 

8 large number of nuclear weapons, and we keep our 

9 nuclear weapons there as somewhat of a political le10 verage for dealing with an ultimate treaty in which 

11 we may get Russia and the United States to elimi12 nate tactical nuclear weapons. My own view is it 

13 would be desirable if both the United States and 

14 Russia would eliminate tactical nuclear weapons, but 

15 I see it as very difficult to arrive at that conclusion 

16 if we were to simply eliminate all of our tactical nu17 clear weapons unilaterally.’’. 

18 (4) During testimony before the Subcommittee 

19 on Strategic Forces of the Committee on Armed 

20 Services of the House of Representatives in July 

21 2011— 

22 (A) former Department of Defense official 

23 Frank Miller stated, ‘‘as long as United States 

24 allies believe that those weapons need to be 


smartinez on DSK6TPTVN1PROD with BILLS
542 

HR 4310 RFS

1 there, we need to make sure that we provide 

2 that security.’’; and 

3 (B) former Department of Defense official 

4 Mort Halperin stated, ‘‘I do not think we 

5 should be willing to trade our withdrawal of our 

6 nuclear weapons from Europe for some reduc7 tion, even a substantial reduction, in Russian 

8 tactical nuclear weapons because if it is * * * 

9 that the credibility of the American nuclear de10 terrent for our NATO allies depends on the 

11 presence of nuclear weapons in Europe, that 

12 will not change if the Russians cut their tactical 

13 nuclear arsenal by two thirds, or even eliminate 

14 it because they will still have their strategic 

15 weapons, which, while they can’t have inter16 mediate range missiles, they can find a way to 

17 target them on the NATO countries.’’. 

18 (5) Section 1237(b) of the National Defense 

19 Authorization Act for Fiscal Year 2012 (Public Law 

20 112–81) expressed the sense of Congress that— 

21 (A) the commitment of the United States 

22 to extended deterrence in Europe and the nu23 clear alliance of NATO is an important compo24 nent of ensuring and linking the national secuVerDate Mar 15 2010 01:00 Jun 20, 2012 Jkt 019200 PO 00000 Frm 00542 Fmt 6652 Sfmt 6201 E:\BILLS\H4310.RFS H4310

smartinez on DSK6TPTVN1PROD with BILLS
543 

HR 4310 RFS

1 rity of the United States and its European al2 lies; 

3 (B) the nuclear forces of the United States 

4 are a key component of the NATO nuclear alli5 ance; and 

6 (C) the presence of the nuclear weapons of 

7 the United States in Europe—combined with 

8 NATO’s unique nuclear sharing arrangements 

9 under which non-nuclear members participate 

10 in nuclear planning and possess specially con11 figured aircraft capable of delivering nuclear 

12 weapons—provides reassurance to NATO allies 

13 who feel exposed to regional threats. 

14 (b) LIMITATION.—Chapter 24 of title 10, United 

15 States Code, as added by section 1051, is amended by 

16 adding at the end the following new section: 

17 ‘‘§ 497. Limitation on reduction, consolidation, or 

18 withdrawal of nuclear forces based in Eu19 rope 

20 ‘‘(a) POLICY ON NONSTRATEGIC NUCLEAR WEAP21 ONS.—It is the policy of the United States— 

22 ‘‘(1) to pursue negotiations with the Russian 

23 Federation aimed at the reduction of Russian de24 ployed and nondeployed, nonstrategic nuclear forces; 


smartinez on DSK6TPTVN1PROD with BILLS
544 

HR 4310 RFS

1 ‘‘(2) that nonstrategic nuclear weapons should 

2 be considered when weighing the balance of the nu3 clear forces of the United States and the Russian 

4 Federation; 

5 ‘‘(3) that any geographical relocation or storage 

6 of nonstrategic nuclear weapons by the Russian Fed7 eration does not constitute a reduction or elimi8 nation of such weapons; 

9 ‘‘(4) the vast advantage of the Russian Federa10 tion in nonstrategic nuclear weapons constitutes a 

11 threat to the United States and its allies and a 

12 growing asymmetry in Western Europe; and 

13 ‘‘(5) the forward-deployed nuclear forces of the 

14 United States are an important contributor to the 

15 assurance of the allies of the United States and con16 stitute a check on proliferation and a tool in dealing 

17 with neighboring states hostile to NATO. 

18 ‘‘(b) POLICY ON EXTENDED DETERRENCE COMMIT19 MENT TO EUROPE.—It is the policy of the United States 

20 that— 

21 ‘‘(1) it maintain its commitment to extended 

22 deterrence, specifically the nuclear alliance of the 

23 North Atlantic Treaty Organization, as an impor24 tant component of ensuring and linking the national 


smartinez on DSK6TPTVN1PROD with BILLS
545 

HR 4310 RFS

1 security interests of the United States and the secu2 rity of its European allies; 

3 ‘‘(2) forward-deployed nuclear forces of the 

4 United States shall remain based in Europe in sup5 port of the nuclear policy and posture of NATO; 

6 ‘‘(3) the presence of nuclear weapons of the 

7 United States in Europe—combined with NATO’s 

8 unique nuclear sharing arrangements under which 

9 non-nuclear members participate in nuclear planning 

10 and possess specially configured aircraft capable of 

11 delivering nuclear weapons—contributes to the cohe12 sion of NATO and provides reassurance to allies and 

13 partners who feel exposed to regional threats; and 

14 ‘‘(4) only the President and Congress can ar15 ticulate when and how the United States will employ 

16 the nuclear forces of the United States and no mul17 tilateral organization, not even NATO, can articu18 late a declaratory policy concerning the use of nu19 clear weapons that binds the United States. 

20 ‘‘(c) LIMITATION ON REDUCTION, CONSOLIDATION, 

21 OR WITHDRAWAL OF NUCLEAR FORCES BASED IN EU22 ROPE.—In light of the policy expressed in subsections (a) 

23 and (b), none of the funds made available for fiscal year 

24 2012 or any fiscal year thereafter for the Department of 

25 Defense may be used to effect or implement the reduction, 


smartinez on DSK6TPTVN1PROD with BILLS
546 

HR 4310 RFS

1 consolidation, or withdrawal of nuclear forces of the 

2 United States that are based in Europe unless— 

3 ‘‘(1) the reduction, consolidation, or withdrawal 

4 of such nuclear forces is requested by the govern5 ment of the host nation in the manner provided in 

6 the agreement between the United States and the 

7 host nation regarding the forces; 

8 ‘‘(2) the President certifies that— 

9 ‘‘(A) NATO member states have consid10 ered the reduction, consolidation, or withdrawal 

11 in the High Level Group; 

12 ‘‘(B) NATO has decided to support such 

13 reduction, consolidation, or withdrawal; 

14 ‘‘(C) the remaining nuclear forces of the 

15 United States that are based in Europe after 

16 such reduction, consolidation, or withdrawal 

17 would provide a commensurate or better level of 

18 assurance and credibility as before such reduc19 tion, consolidation, or withdrawal; and 

20 ‘‘(D) there has been reciprocal action by 

21 the Russian Federation, not including the Rus22 sian Federation relocating nuclear forces from 

23 one location to another; or 


smartinez on DSK6TPTVN1PROD with BILLS
547 

HR 4310 RFS

1 ‘‘(3) the reduction, consolidation, or withdrawal 

2 of such nuclear forces is specifically authorized by 

3 an Act of Congress. 

4 ‘‘(d) NOTIFICATION.—Upon any decision to reduce, 

5 consolidate, or withdraw the nuclear forces of the United 

6 States that are based in Europe, the President shall sub7 mit to the appropriate congressional committees a notifi8 cation containing— 

9 ‘‘(1) the certification required by paragraph (2) 

10 of subsection (c) if such reduction, consolidation, or 

11 withdrawal is based upon such paragraph; 

12 ‘‘(2) justification for such reduction, consolida13 tion, or withdrawal; and 

14 ‘‘(3) an assessment of how NATO member 

15 states, in light of such reduction, consolidation, or 

16 withdrawal, assess the credibility of the deterrence 

17 capability of the United States in support of its com18 mitments undertaken pursuant to article 5 of the 

19 North Atlantic Treaty, signed at Washington, Dis20 trict of Columbia, on April 4, 1949, and entered into 

21 force on August 24, 1949 (63 Stat. 2241; TIAS 

22 1964). 

23 ‘‘(e) NOTICE AND WAIT REQUIREMENT.—The Presi24 dent may not commence a reduction, consolidation, or 

25 withdrawal of the nuclear forces of the United States that 


smartinez on DSK6TPTVN1PROD with BILLS
548 

HR 4310 RFS

1 are based in Europe for which the certification required 

2 by subsection (c)(2) is made until the expiration of a 180- 

3 day period beginning on the date on which the President 

4 submits the notification under subsection (d) containing 

5 the certification. 

6 ‘‘(f) APPROPRIATE CONGRESSIONAL COMMITTEES.— 

7 In this section, the term ‘appropriate congressional com8 mittees’ means— 

9 ‘‘(1) the Committees on Armed Services of the 

10 House of Representatives and the Senate; and 

11 ‘‘(2) the Committee on Foreign Affairs of the 

12 House of Representatives and the Committee on 

13 Foreign Relations of the Senate.’’. 

14 (c) CLERICAL AMENDMENT.—The table of sections 

15 at the beginning of chapter 24 of title 10, United States 

16 Code, is amended by inserting after the item relating to 

17 section 496 the following: 

‘‘497. Limitation on reduction, consolidation, or withdrawal of nuclear forces 

based in Europe.’’. 

18 SEC. 1061. IMPROVEMENTS TO NUCLEAR WEAPONS COUN19 CIL. 

20 Section 179 of title 10, United States Code, is 

21 amended— 

22 (1) in subsection (b)(3), by adding at the end 

23 the following: ‘‘Not later than seven days before a 

24 meeting, the Chairman shall disseminate to each 


smartinez on DSK6TPTVN1PROD with BILLS
549 

HR 4310 RFS

1 member of the Council the agenda and documents 

2 for such meeting.’’; and 

3 (2) in subsection (d)— 

4 (A) in paragraph (2), by inserting ‘‘and al5 ternatives’’ before the period; 

6 (B) in paragraph (3), by inserting ‘‘and 

7 approving’’ after ‘‘Coordinating’’; 

8 (C) in paragraph (7)— 

9 (i) by striking ‘‘broad’’ and inserting 

10 ‘‘specific’’; and 

11 (ii) by inserting before the period the 

12 following: ‘‘and priorities among activities, 

13 including production, surveillance, re14 search, construction, and any other pro15 grams within the National Nuclear Secu16 rity Administration’’; and 

17 (D) by adding at the end the following new 

18 paragraph: 

19 ‘‘(11) Coordinating and approving the annual 

20 budget proposals of the National Nuclear Security 

21 Administration, including before such proposals are 

22 submitted to— 

23 ‘‘(A) the Director of the Office of Manage24 ment and Budget; 

25 ‘‘(B) the President; and 


smartinez on DSK6TPTVN1PROD with BILLS
550 

HR 4310 RFS

1 ‘‘(C) Congress under section 1105 of title 

2 31.’’. 

3 SEC. 1062. INTERAGENCY COUNCIL ON THE STRATEGIC CA4 PABILITY OF THE NATIONAL LABORATORIES. 

5 (a) ESTABLISHMENT.—Chapter 7 of title 10, United 

6 States Code, is amended by adding at the end the fol7 lowing new section: 

8 ‘‘§ 188. Interagency Council on the Strategic Capa9 bility of the National Laboratories 

10 ‘‘(a) ESTABLISHMENT.—There is an Interagency 

11 Council on the Strategic Capability of the National Lab12 oratories (in this section referred to as the ‘Council’). 

13 ‘‘(b) MEMBERSHIP.—The membership of the Council 

14 is comprised of the following: 

15 ‘‘(1) The Secretary of Defense. 

16 ‘‘(2) The Secretary of Energy. 

17 ‘‘(3) The Secretary of Homeland Security. 

18 ‘‘(4) The Director of National Intelligence. 

19 ‘‘(5) The Administrator for Nuclear Security. 

20 ‘‘(6) Such other officials as the President con21 siders appropriate. 

22 ‘‘(c) STRUCTURE AND PROCEDURES.—The President 

23 may determine the chair, structure, staff, and procedures 

24 of the Council. 


smartinez on DSK6TPTVN1PROD with BILLS
551 

HR 4310 RFS

1 ‘‘(d) RESPONSIBILITIES.—The Council shall be re2 sponsible for the following matters: 

3 ‘‘(1) Identifying and considering the science, 

4 technology, and engineering capabilities of the na5 tional laboratories that could be leveraged by each 

6 participating agency to support national security 

7 missions. 

8 ‘‘(2) Reviewing and assessing the adequacy of 

9 the national security science, technology, and engi10 neering capabilities of the national laboratories for 

11 supporting national security missions throughout the 

12 Federal Government. 

13 ‘‘(3) Establishing and overseeing means of en14 suring that— 

15 ‘‘(A) capabilities identified by the Council 

16 under paragraph (1) are sustained to an appro17 priate level; and 

18 ‘‘(B) each participating agency provides 

19 the appropriate level of institutional support to 

20 sustain such capabilities. 

21 ‘‘(4) In accordance with acquisition rules re22 garding federally funded research and development 

23 centers, establishing criteria for when each partici24 pating agency should seek to use the services of the 


smartinez on DSK6TPTVN1PROD with BILLS
552 

HR 4310 RFS

1 national laboratories, including the identification of 

2 appropriate mission areas and capabilities. 

3 ‘‘(5) Making recommendations to the President 

4 and Congress regarding regulatory or statutory 

5 changes needed to better support— 

6 ‘‘(A) the strategic capabilities of the na7 tional laboratories; and 

8 ‘‘(B) the use of such laboratories by each 

9 participating agency. 

10 ‘‘(6) Other actions the Council considers appro11 priate with respect to— 

12 ‘‘(A) the sustainment of the national lab13 oratories; and 

14 ‘‘(B) the use of the strategic capabilities of 

15 such laboratories. 

16 ‘‘(e) STREAMLINED PROCESS.—With respect to the 

17 participating agency for which a member of the Council 

18 is the head of, each member of the Council shall— 

19 ‘‘(1) establish processes to streamline the con20 sideration and approval of procuring the services of 

21 the national laboratories on appropriate matters; 

22 and 

23 ‘‘(2) ensure that such processes are used in ac24 cordance with the criteria established under sub25 section (d)(4). 


smartinez on DSK6TPTVN1PROD with BILLS
553 

HR 4310 RFS

1 ‘‘(f) DEFINITIONS.—In this section: 

2 ‘‘(1) The term ‘participating agency’ means a 

3 department or agency of the Federal Government 

4 that is represented on the Council by a member 

5 under subsection (b). 

6 ‘‘(2) The term ‘national laboratories’ means— 

7 ‘‘(A) each national security laboratory (as 

8 defined in section 3281(1) of the National Nu9 clear Security Administration Act (50 U.S.C. 

10 2471(1))); and 

11 ‘‘(B) each national laboratory of the De12 partment of Energy.’’. 

13 (b) CLERICAL AMENDMENT.—The table of sections 

14 at the beginning of such chapter is amended by adding 

15 after the item relating to section 187 the following new 

16 item: 

‘‘188. Interagency Council on the Strategic Capability of the National Laboratories.’’. 

17 (c) REPORT.— 

18 (1) IN GENERAL.—Not later than July 1, 2013, 

19 the Interagency Council on the Strategic Capability 

20 of the National Laboratories under section 188 of 

21 title 10, United States Code, as added by subsection 

22 (a), shall submit to the appropriate congressional 

23 committees a report describing and assessing the fol24 lowing: 


smartinez on DSK6TPTVN1PROD with BILLS
554 

HR 4310 RFS

1 (A) The actions taken to implement the re2 quirements of such section 188 and the charter 

3 titled ‘‘Governance Charter for an Interagency 

4 Council on the Strategic Capability of DOE Na5 tional Laboratories as National Security As6 sets’’ signed by the Secretary of Defense, the 

7 Secretary of Energy, the Secretary of Home8 land Security, and the Director of National In9 telligence in July 2010. 

10 (B) The effectiveness of the Council in ac11 complishing the purpose and objectives of such 

12 section and such Charter. 

13 (C) Efforts to strengthen work-for-others 

14 programs at the national laboratories. 

15 (D) Efforts to make work-for-others oppor16 tunities more cost-effective. 

17 (E) Ongoing and planned measures for in18 creasing cost-sharing and institutional support 

19 investments from other agencies. 

20 (F) Any regulatory or statutory changes 

21 recommended to improve the ability of such 

22 other agencies to leverage expertise and capa23 bilities at such laboratories. 


smartinez on DSK6TPTVN1PROD with BILLS
555 

HR 4310 RFS

1 (2) APPROPRIATE CONGRESSIONAL COMMIT2 TEES.—In this subsection, the term ‘‘appropriate 

3 congressional committees’’ means the following: 

4 (A) The congressional defense committees. 

5 (B) The Committee on Energy and Com6 merce of the House of Representatives and the 

7 Committee on Energy and Natural Resources of 

8 the Senate. 

9 (C) The Committee on Homeland Security 

10 of the House of Representatives and the Com11 mittee on Homeland Security and Govern12 mental Affairs of the Senate. 

13 (D) The Committee on Science, Space, and 

14 Technology of the House of Representatives 

15 and the Committee on Commerce, Science, and 

16 Transportation of the Senate. 

17 (E) The Permanent Select Committee on 

18 Intelligence of the House of Representatives 

19 and the Select Committee on Intelligence of the 

20 Senate. 

21 (d) CONSTRUCTION.—Nothing in section 188 of title 

22 10, United States Code, as added by subsection (a), shall 

23 be construed to limit section 309 of the Homeland Secu24 rity Act of 2002 (6 U.S.C. 189). 


smartinez on DSK6TPTVN1PROD with BILLS
556 

HR 4310 RFS

1 SEC. 1063. REPORT ON CAPABILITY OF CONVENTIONAL 

2 AND NUCLEAR FORCES AGAINST CERTAIN 

3 TUNNEL SITES. 

4 (a) REPORT.—Not later than one year after the date 

5 of the enactment of this Act, the Commander of the 

6 United States Strategic Command shall submit to the ap7 propriate congressional committees a report on the under8 ground tunnel network used by the People’s Republic of 

9 China with respect to the capability of the United States 

10 to use conventional and nuclear forces to neutralize such 

11 tunnels and what is stored within such tunnels. 

12 (b) FORM.—The report under subsection (a) shall be 

13 submitted in unclassified form, but may include a classi14 fied annex. 

15 (c) APPROPRIATE CONGRESSIONAL COMMITTEES.— 

16 In this section, the term ‘‘appropriate congressional com17 mittees’’ means the following: 

18 (1) The congressional defense committees. 

19 (2) The Committee on Foreign Affairs of the 

20 House of Representatives and the Committee on 

21 Foreign Relations of the Senate. 

22 SEC. 1064. REPORT ON CONVENTIONAL AND NUCLEAR 

23 FORCES IN THE WESTERN PACIFIC REGION. 

24 (a) SENSE OF CONGRESS.—Congress— 

25 (1) supports steps taken by the President to— 


smartinez on DSK6TPTVN1PROD with BILLS
557 

HR 4310 RFS

1 (A) reinforce the security of the allies of 

2 the United States; and 

3 (B) strengthen the deterrent capability of 

4 the United States against the illegal and in5 creasingly belligerent actions of North Korea; 

6 and 

7 (2) encourages further steps, including such 

8 steps to deploy additional conventional forces of the 

9 United States and redeploy tactical nuclear weapons 

10 to the Western Pacific region. 

11 (b) REPORT.—Not later than 90 days after the date 

12 of the enactment of this Act, the Secretary of Defense, 

13 in consultation with the Secretary of State, shall submit 

14 to the congressional defense committees a report on de15 ploying additional conventional and nuclear forces to the 

16 Western Pacific region to ensure the presence of a robust 

17 conventional and nuclear capability, including a forward18 deployed nuclear capability, of the United States in re19 sponse to the ballistic missile and nuclear weapons devel20 opments of North Korea and the other belligerent actions 

21 North Korea has made against allies of the United States. 

22 The report shall include an evaluation of any bilateral 

23 agreements, basing arrangements, and costs that would be 

24 involved with such additional deployments. 


smartinez on DSK6TPTVN1PROD with BILLS
558 

HR 4310 RFS

1 SEC. 1065. SENSE OF CONGRESS ON NUCLEAR ARSENAL. 

2 It is the sense of Congress that the nuclear force 

3 structure of the United States should be periodically reex4 amined, through nuclear posture reviews, to assess as5 sumptions that shape the structure, size, and targeting of 

6 the nuclear forces of the United States and to ensure that 

7 such forces are structured, sized, and targeted— 

8 (1) to be capable of holding at risk the assets 

9 that potential adversaries value; and 

10 (2) to provide robust extended deterrence and 

11 assurance to allies of the United States. 

12 SEC. 1065A. BUDGET REQUIREMENTS ASSOCIATED WITH 

13 SUSTAINING AND MODERNIZING THE NU14 CLEAR DETERRENT. 

15 Section 1043 of the National Defense Authorization 

16 Act for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 

17 1576) is amended— 

18 (1) in subsection (a)— 

19 (A) in paragraph (2), by amending sub20 paragraph (F) to read as follows: 

21 ‘‘(F) In accordance with paragraph (3), a 

22 detailed estimate of the budget requirements as23 sociated with sustaining and modernizing the 

24 nuclear deterrent of the United States and the 

25 nuclear weapons stockpile of the United States, 

26 including the costs associated with the plans 


smartinez on DSK6TPTVN1PROD with BILLS
559 

HR 4310 RFS

1 outlined under subparagraphs (A) through (E), 

2 over the 10-year period following the date of 

3 the report, including the applicable and appro4 priate costs associated with— 

5 ‘‘(i) training; 

6 ‘‘(ii) basing; 

7 ‘‘(iii) security; 

8 ‘‘(iv) testing; 

9 ‘‘(v) research; 

10 ‘‘(vi) development; 

11 ‘‘(vii) deployment; 

12 ‘‘(viii) transportation; 

13 ‘‘(ix) personnel; 

14 ‘‘(x) overhead; and 

15 ‘‘(xi) other appropriate matters.’’; and 

16 (B) by adding at the end the following new 

17 paragraph: 

18 ‘‘(3) DETAILED BUDGET ESTIMATE CON19 TENTS.—Each budget estimate under paragraph 

20 (2)(F) shall include a detailed description of the 

21 matters included in such estimate, the rationale for 

22 including such matters, and the cost listed by loca23 tion. Such costs listed by location shall be submitted 

24 in the form of a classified annex in accordance with 

25 subsection (b).’’; and 


smartinez on DSK6TPTVN1PROD with BILLS
560 

HR 4310 RFS

1 (2) by adding at the end the following new sub2 section: 

3 ‘‘(c) COMPTROLLER GENERAL.—The Comptroller 

4 General of the United States shall— 

5 ‘‘(1) review each report under subsection (a) for 

6 accuracy and completeness with respect to the mat7 ters described in paragraphs (2)(F) and (3) of such 

8 subsection; and 

9 ‘‘(2) not later than 180 days after the date on 

10 which such report under subsection (a) is submitted, 

11 submit to the congressional defense committees a 

12 summary of each such review.’’. 

13 SEC. 1065B. PROHIBITION ON UNILATERAL REDUCTION OF 

14 NUCLEAR WEAPONS OF THE UNITED STATES. 

15 (a) IN GENERAL.—Chapter 24 of title 10, United 

16 States Code, as added by section 1051, is amended by 

17 adding at the end the following: 

18 ‘‘§ 498. Prohibition on unilateral reduction of nuclear 

19 weapons 

20 ‘‘The President may not retire, dismantle, or elimi21 nate, or prepare to retire, dismantle, or eliminate, any nu22 clear weapon of the United States (including such de23 ployed weapons and nondeployed weapons and warheads 

24 in the nuclear weapons stockpile) if such action would re25 duce the number of such weapons to a number that is 


smartinez on DSK6TPTVN1PROD with BILLS
561 

HR 4310 RFS

1 less than the level described in the New START Treaty 

2 (as defined in section 130f(c) of this title) unless such ac3 tion is— 

4 ‘‘(1) required by a treaty or international agree5 ment specifically approved with the advice and con6 sent of the Senate pursuant to Article II, section 2, 

7 clause 2 of the Constitution; or 

8 ‘‘(2) specifically authorized by an Act of Con9 gress.’’. 

10 (b) CLERICAL AMENDMENT.—The table of sections 

11 at the beginning of such chapter is amended by adding 

12 at the end the following new item: 

‘‘498. Prohibition on unilateral reduction of nuclear weapons.’’. 

13 SEC. 1065C. LIMITATION ON AVAILABILITY OF FUNDS FOR 

14 RETIREMENT OF STRATEGIC DELIVERY SYS15 TEMS. 

16 (a) LIMITATION.—Chapter 24 of title 10, United 

17 States Code, is amended by adding at the end the fol18 lowing: 

19 ‘‘§ 498. Commensurate strategic delivery system re20 ductions 

21 ‘‘(a) LIMITATION ON NEW START REDUCTIONS.— 

22 None of the funds authorized to be appropriated or other23 wise made available for fiscal year 2013 or any fiscal year 

24 thereafter for the Department of Defense may be obli25 gated or expended to reduce, convert, or decommission any 


smartinez on DSK6TPTVN1PROD with BILLS
562 

HR 4310 RFS

1 strategic delivery system pursuant to the levels set forth 

2 for such systems under the New START Treaty unless 

3 the President certifies to the congressional defense com4 mittees that— 

5 ‘‘(1) the Russian Federation must make a com6 mensurate reduction, conversion, or decommissioning 

7 pursuant to the levels set forth under such treaty; 

8 and 

9 ‘‘(2) the Russian Federation is not developing 

10 or deploying a strategic delivery system that is— 

11 ‘‘(A) not covered under the limits set forth 

12 under such treaty; and 

13 ‘‘(B) capable of reaching the United 

14 States. 

15 ‘‘(b) LIMITATION ON TRIAD REDUCTIONS.—None of 

16 the funds authorized to be appropriated by this Act or 

17 otherwise made available for fiscal year 2013 or any fiscal 

18 year thereafter for the Department of Defense may be ob19 ligated or expended to reduce, convert, or decommission 

20 any strategic delivery system if such reduction, conversion, 

21 or decommissioning would eliminate a leg of the nuclear 

22 triad. 

23 ‘‘(c) DEFINITIONS.—In this section: 

24 ‘‘(1) The term ‘New START Treaty’ means the 

25 Treaty between the United States of America and 


smartinez on DSK6TPTVN1PROD with BILLS
563 

HR 4310 RFS

1 the Russian Federation on Measures for the Further 

2 Reduction and Limitation of Strategic Offensive 

3 Arms, signed on April 8, 2010, and entered into 

4 force on February 5, 2011. 

5 ‘‘(2) The term ‘strategic delivery system’ means 

6 the following delivery platforms for nuclear weapons: 

7 ‘‘(A) Land-based intercontinental ballistic 

8 missiles. 

9 ‘‘(B) Submarine-launched ballistic missiles 

10 and associated ballistic missile submarines. 

11 ‘‘(C) Nuclear-certified strategic bombers. 

12 ‘‘(3) The term ‘triad’ means the nuclear deter13 rent capabilities of the United States composed of 

14 the strategic delivery systems.’’. 

15 (b) CLERICAL AMENDMENT.—The table of sections 

16 at the beginning of such chapter is amended by inserting 

17 after the item relating to section 497 the following new 

18 item: 

‘‘498. Commensurate strategic delivery system reductions.’’. 

19 Subtitle F—Studies and Reports 

20 SEC. 1066. ASSESSMENT OF DEPARTMENT OF DEFENSE USE 

21 OF ELECTROMAGNETIC SPECTRUM. 

22 Not later than 120 days after the date of the enact23 ment of this Act, the Secretary of Defense shall provide 

24 to the congressional defense committees, the Committee 

25 on Energy and Commerce of the House of RepresentaVerDate Mar 15 2010 01:00 Jun 20, 2012 Jkt 019200 PO 00000 Frm 00563 Fmt 6652 Sfmt 6201 E:\BILLS\H4310.RFS H4310

smartinez on DSK6TPTVN1PROD with BILLS
564 

HR 4310 RFS

1 tives, and the Committee on Commerce, Science, and 

2 Transportation of the Senate a briefing assessing the use 

3 of electromagnetic spectrum by the Department of De4 fense, including— 

5 (1) a comparison of the actual and projected 

6 cost impact, time required to plan and implement, 

7 and policy implications of electromagnetic spectrum 

8 reallocations made since the enactment of the Omni9 bus Budget Reconciliation Act of 1993 (Public Law 

10 103–66, 107 Stat. 312); 

11 (2) an identification of critical electromagnetic 

12 spectrum assignments where there is use by the De13 partment of Defense that— 

14 (A) cannot be eliminated, relocated, con15 solidated in other electromagnetic spectrum 

16 bands, or for which there is no commercial or 

17 non-spectrum alternative, including a detailed 

18 explanation of why that is the case; and 

19 (B) can be eliminated, relocated, consoli20 dated in other electromagnetic spectrum bands, 

21 or for which there is a commercial or non-spec22 trum alternative, including frequency of use, 

23 time necessary to relocate or consolidate to an24 other electromagnetic spectrum band, and oper25 ational and cost impacts; and 


smartinez on DSK6TPTVN1PROD with BILLS
565 

HR 4310 RFS

1 (3) an analysis of the research being conducted 

2 by the Department of Defense in electromagnetic 

3 spectrum-sharing and other dynamic electromagnetic 

4 spectrum access technologies, including maturity 

5 level, applicability for spectrum relocation or consoli6 dation, and potential costs for continued develop7 ment or implementation. 

8 SEC. 1067. ELECTRONIC WARFARE STRATEGY OF THE DE9 PARTMENT OF DEFENSE. 

10 (a) GUIDANCE REQUIRED.—Not later than January 

11 1, 2013, the Secretary of Defense shall review and update 

12 Department of Defense guidance related to electronic war13 fare to ensure that oversight roles and responsibilities 

14 within the Department related to electronic warfare policy 

15 and programs are clearly defined. Such guidance shall 

16 clarify, as appropriate, the roles and responsibilities re17 lated to the integration of electronic warfare matters and 

18 cyberspace operations. 

19 (b) PLAN REQUIRED.—Not later than January 1, 

20 2013, the Commander of the United States Strategic 

21 Command shall update and issue guidance regarding the 

22 responsibilities of the Command with regard to joint elec23 tronic warfare capabilities. Such guidance shall— 

24 (1) define the role and objectives of the Joint 

25 Electromagnetic Spectrum Control Center or any 


smartinez on DSK6TPTVN1PROD with BILLS
566 

HR 4310 RFS

1 other center established in the Command to provide 

2 governance and oversight of electronic warfare mat3 ters; and 

4 (2) include an implementation plan outlining 

5 tasks, metrics, and timelines to establish such a cen6 ter. 

7 (c) ADDITIONAL REPORTING REQUIREMENTS.—Sec8 tion 1053(b)(1) of the National Defense Authorization Act 

9 for Fiscal Year 2010 (Public Law 111–84; 123 Stat. 

10 2459) is amended— 

11 (1) in subparagraph (B), by striking ‘‘; and’’ 

12 and inserting a semicolon; 

13 (2) in subparagraph (C), by striking the period 

14 and inserting a semicolon; and 

15 (3) by adding at the end the following new sub16 paragraphs: 

17 ‘‘(D) performance measures to guide the 

18 implementation of such strategy; 

19 ‘‘(E) an identification of resources and in20 vestments necessary to implement such strat21 egy; and 

22 ‘‘(F) an identification of the roles and re23 sponsibilities within the Department to imple24 ment such strategy.’’. 


smartinez on DSK6TPTVN1PROD with BILLS
567 

HR 4310 RFS

1 SEC. 1068. REPORT ON COUNTERPROLIFERATION CAPA2 BILITIES AND LIMITATIONS. 

3 (a) REPORT REQUIRED.—Not later than March 1, 

4 2013, the Secretary of Defense shall provide to the con5 gressional defense committees a report outlining oper6 ational capabilities, limitations, and shortfalls within the 

7 Department of Defense with respect to counterprolifera8 tion and combating weapons of mass destruction involving 

9 special operations forces and key enabling forces. 

10 (b) ELEMENTS.—The report required under sub11 section (a) shall include each of the following elements: 

12 (1) An overview of current capabilities and limi13 tations. 

14 (2) An overview and assessment of current and 

15 future training requirements and gaps. 

16 (3) An assessment of technical capability gaps. 

17 (4) An assessment of interagency coordination 

18 capabilities and gaps. 

19 (5) An outline of current and future prolifera20 tion and weapons of mass destruction threats, in21 cluding critical intelligence gaps. 

22 (6) An assessment of current international bi23 lateral and multilateral partnerships and the limita24 tions of such partnerships, including an assessment 

25 of existing authorities to build partnership capacity 

26 in this area. 


smartinez on DSK6TPTVN1PROD with BILLS
568 

HR 4310 RFS

1 (7) A description of efforts to address the limi2 tations and gaps referred to in paragraphs (1) 

3 through (6), including timelines and requirements to 

4 address such limitations and such gaps. 

5 (8) Any other matters the Secretary considered 

6 appropriate. 

7 SEC. 1069. REPORT ON COMMUNICATIONS FROM CON8 GRESS ON STATUS OF MILITARY CONSTRUC9 TION PROJECTS. 

10 (a) REPORT REQUIRED.—The Secretary of Defense 

11 shall submit to Congress a report describing any letters 

12 from Congress (including a committee of the Senate or 

13 the House of Representatives, a member of Congress, an 

14 officer of Congress, or a congressional staff member) re15 ceived by the Department of Defense that refers to or re16 quests information on the status of a military construction 

17 project on the future-years defense program. 

18 (b) DEADLINE.—The report required by subsection 

19 (a) shall be submitted not later than one year after the 

20 date of the enactment of this Act. 

21 SEC. 1070. FEDERAL MORTUARY AFFAIRS ADVISORY COM22 MISSION. 

23 (a) ESTABLISHMENT.—There is established a Fed24 eral Mortuary Affairs Advisory Commission. 


smartinez on DSK6TPTVN1PROD with BILLS
569 

HR 4310 RFS

1 (b) PURPOSE.—The purpose of the Commission shall 

2 be to advise the President, the Secretary of Defense, the 

3 Secretary of Veterans Affairs, and Congress on the best 

4 practices for casualty notification, family support, and 

5 mortuary affairs operations so as to ensure prompt notifi6 cation and compassionate and responsive support for fami7 lies who have lost servicemembers, and for the honorable 

8 and dignified disposition of the remains of fallen 

9 servicemembers. 

10 (c) SCOPE.—Within the Department of Defense and 

11 the Department of Veterans Affairs, the Commission shall 

12 examine, on an ongoing basis, all matters that encompass 

13 the notification of family members on the death of a serv14 icemember in said family; all family support programs, 

15 policies, and procedures designed to assist affected fami16 lies; and all aspects of mortuary affairs operations, includ17 ing the final disposition of fallen servicemembers. 

18 (d) COMPOSITION.— 

19 (1) MEMBERS.—The Commission shall consist 

20 of 13 members, appointed as follows: 

21 (A) One member appointed by the Presi22 dent of the United States. 

23 (B) One member appointed by the Speaker 

24 of the House of Representatives. 


smartinez on DSK6TPTVN1PROD with BILLS
570 

HR 4310 RFS

1 (C) One member appointed by the Minor2 ity Leader of the House of Representatives. 

3 (D) One member appointed by the Major4 ity Leader of the Senate. 

5 (E) One member appointed by the Minor6 ity Leader of the Senate. 

7 (F) One member appointed by the Chair8 man of the House Committee on Veterans Af9 fairs. 

10 (G) One member appointed by the Ranking 

11 Member of the House Committee on Veterans 

12 Affairs. 

13 (H) One member appointed by the Chair14 man of the House Committee on Armed Serv15 ices. 

16 (I) One member appointed by the Ranking 

17 Member of the House Committee on Armed 

18 Services. 

19 (J) One member appointed by the Chair20 man of the Senate Committee on Veterans Af21 fairs. 

22 (K) One member appointed by the Rank23 ing Member of the Senate Committee on Vet24 erans Affairs. 


smartinez on DSK6TPTVN1PROD with BILLS
571 

HR 4310 RFS

1 (L) One member appointed by the Chair2 man of the Senate Committee on Armed Serv3 ices. 

4 (M) One member appointed by the Chair5 man of the Senate Committee on Armed Serv6 ices. 

7 (2) TERM.—Each member shall serve a term of 

8 three years. 

9 (3) MEETINGS AND QUORUM.—After its initial 

10 meeting, the Commission shall meet upon the call of 

11 the chairman or a majority of its members. Seven 

12 members of the Commission shall constitute a 

13 quorum. 

14 (4) CHAIRMAN AND VICE CHAIRMAN.—Upon 

15 convening for its first meeting, the Commission 

16 members shall elect by majority vote a chairman and 

17 vice chairman of the Commission. 

18 (5) VACANCIES.—Any vacancy in the Commis19 sion shall not affect its powers, but shall be filled in 

20 the same manner in which the original appointment 

21 was made. 

22 (e) QUALIFICATIONS.— 

23 (1) POLITICAL PARTY AFFILIATION.—Not more 

24 than 5 members of the Commission shall be from 

25 the same political party. 


smartinez on DSK6TPTVN1PROD with BILLS
572 

HR 4310 RFS

1 (2) NONGOVERNMENTAL APPOINTEES.—An in2 dividual appointed to the Commission may not be an 

3 officer or employee of the Federal Government. 

4 (3) OTHER QUALIFICATIONS.—At least four in5 dividuals appointed to the Commission should in6 clude family members who have direct experience 

7 dealing with the loss of a servicemember that in8 volved interactions with the Dover Port Mortuary. 

9 At least three individuals should have extensive pri10 vate or public sector experience in mortuary science, 

11 operations, procedures, and decorum. 

12 (f) DURATION.—The Commission shall have a 5 year 

13 duration, beginning after the last member of the Commis14 sion is appointed. 

15 (g) MEETINGS AND REPORTS.—The Commission 

16 shall hold regular public meetings, notification of which 

17 shall appear in the Federal Register and on the Commis18 sion’s website. Not less than annually, the Commission 

19 shall provide a written report to the President, the Sec20 retary of Defense, the Secretary of Veterans Affairs, and 

21 Congress on— 

22 (1) recommendations for improving casualty no23 tification, family support, and remains disposition; 

24 and 


smartinez on DSK6TPTVN1PROD with BILLS
573 

HR 4310 RFS

1 (2) progress, or lack thereof, by the Depart2 ment of Defense and the Department of Veterans 

3 Affairs in acting upon prior recommendations of the 

4 Commission. Said report shall also be posted on the 

5 Commission’s website for public inspection. 

6 (h) INFORMATION FROM FEDERAL AGENCIES.— 

7 (1) IN GENERAL.—The Commission is author8 ized to secure directly from any executive depart9 ment, bureau, agency, board, Commission, office, 

10 independent establishment, or instrumentality of the 

11 Government, information, suggestions, estimates, 

12 and statistics for the purposes of this title. Each de13 partment, bureau, agency, board, Commission, of14 fice, independent establishment, or instrumentality 

15 shall, to the extent authorized by law, furnish such 

16 information, suggestions, estimates, and statistics di17 rectly to the Commission, upon request made by the 

18 chairman, the chairman of any subcommission cre19 ated by a majority of the Commission, or any mem20 ber designated by a majority of the Commission. 

21 (2) RECEIPT, HANDLING, STORAGE, AND DIS22 SEMINATION.—Information shall only be received, 

23 handled, stored, and disseminated by members of 

24 the Commission and its staff consistent with all ap25 plicable statutes, regulations, and Executive orders. 


smartinez on DSK6TPTVN1PROD with BILLS
574 

HR 4310 RFS

1 (i) ASSISTANCE FROM FEDERAL AGENCIES.— 

2 (1) GENERAL SERVICES ADMINISTRATION.— 

3 The Administrator of General Services shall provide 

4 to the Commission on a reimbursable basis adminis5 trative support and other services for the perform6 ance of the Commission’s functions. 

7 (2) OTHER DEPARTMENTS AND AGENCIES.—In 

8 addition to the assistance prescribed in paragraph 

9 (1), departments and agencies of the United States 

10 may provide to the Commission such services, funds, 

11 facilities, staff, and other support services as they 

12 may determine advisable and as may be authorized 

13 by law. 

14 (j) STAFF OF COMMISSION.— 

15 (1) APPOINTMENT AND COMPENSATION.—The 

16 chairman, in consultation with vice chairman, in ac17 cordance with rules agreed upon by the Commission, 

18 may appoint and fix the compensation of a staff di19 rector and such other personnel as may be necessary 

20 to enable the Commission to carry out its functions, 

21 without regard to the provisions of title 5, United 

22 States Code, governing appointments in the competi23 tive service, and without regard to the provisions of 

24 chapter 51 and subchapter III of chapter 53 of such 

25 title relating to classification and General Schedule 


smartinez on DSK6TPTVN1PROD with BILLS
575 

HR 4310 RFS

1 pay rates, except that no rate of pay fixed under this 

2 subsection may exceed the equivalent of that payable 

3 for a position at level V of the Executive Schedule 

4 under section 5316 of title 5, United States Code. 

5 (2) PERSONNEL AS FEDERAL EMPLOYEES.— 

6 (A) IN GENERAL.—The executive director 

7 and any personnel of the Commission who are 

8 employees shall be employees under section 

9 2105 of title 5, United States Code, for pur10 poses of chapters 63, 81, 83, 84, 85, 87, 89, 

11 and 90 of that title. 

12 (B) MEMBERS OF COMMISSION.—Subpara13 graph (A) shall not be construed to apply to 

14 members of the Commission. 

15 (3) DETAILEES.—Any Federal Government em16 ployee may be detailed to the Commission without 

17 reimbursement from the Commission, and such 

18 detailee shall retain the rights, status, and privileges 

19 of his or her regular employment without interrup20 tion. 

21 (4) CONSULTANT SERVICES.—The Commission 

22 is authorized to procure the services of experts and 

23 consultants in accordance with section 3109 of title 

24 5, United States Code, but at rates not to exceed the 

25 daily rate paid a person occupying a position at level 


smartinez on DSK6TPTVN1PROD with BILLS
576 

HR 4310 RFS

1 IV of the Executive Schedule under section 5315 of 

2 title 5, United States Code. 

3 (k) COMPENSATION AND TRAVEL EXPENSES.— 

4 (1) COMPENSATION.—Each member of the 

5 Commission may be compensated at not to exceed 

6 the daily equivalent of the annual rate of basic pay 

7 in effect for a position at level IV of the Executive 

8 Schedule under section 5315 of title 5, United 

9 States Code, for each day during which that member 

10 is engaged in the actual performance of the duties 

11 of the Commission. 

12 (2) TRAVEL EXPENSES.—While away from 

13 their homes or regular places of business in the per14 formance of services for the Commission, members 

15 of the Commission shall be allowed travel expenses, 

16 including per diem in lieu of subsistence, in the 

17 same manner as persons employed intermittently in 

18 the Government service are allowed expenses under 

19 section 5703(b) of title 5, United States Code. 

20 SEC. 1070A. REPORT ON MANUFACTURING INDUSTRY. 

21 Not later than 180 days after the date of the enact22 ment of this Act, the Secretary of Defense shall submit 

23 to Congress a report assessing the manufacturing industry 

24 of the United States. The report shall include, at a min25 imum, the following: 


smartinez on DSK6TPTVN1PROD with BILLS
577 

HR 4310 RFS

1 (1) An assessment of the current manufac2 turing capacity of the United States as it relates to 

3 the ability of the United States to respond to both 

4 civilian and defense needs. 

5 (2) An assessment of the tax, trade, and regu6 latory policies of the United States as such policies 

7 impact the growth of the manufacturing industry in 

8 the United States. 

9 (3) An analysis of the factors leading to the in10 creased outsourcing of manufacturing processes to 

11 foreign nations. 

12 (4) An analysis of the strength of the United 

13 States defense industrial base, including the security 

14 and stability of the supply chain and an assessment 

15 of the vulnerabilities of that supply chain. 

16 SEC. 1070B. REPORT ON LONG-TERM COSTS OF OPERATION 

17 NEW DAWN, OPERATION ENDURING FREE18 DOM, AND OTHER CONTINGENCY OPER19 ATIONS. 

20 (a) REPORT REQUIREMENT.—Not later than 90 days 

21 after the date of the enactment of this Act, the President, 

22 with contributions from the Secretary of Defense, the Sec23 retary of State, and the Secretary of Veterans Affairs, 

24 shall submit to Congress a report containing an estimate 


smartinez on DSK6TPTVN1PROD with BILLS
578 

HR 4310 RFS

1 of the long-term costs of Operation New Dawn and Oper2 ation Enduring Freedom for each the following scenarios: 

3 (1) The scenario in which the number of mem4 bers of the Armed Forces deployed in support of Op5 eration Enduring Freedom is reduced from roughly 

6 90,000 in 2012 to 67,000 in 2013, and 50,000 by 

7 the beginning of 2014, and remains at 50,000 

8 through 2020. 

9 (2) The scenario in which the number of mem10 bers of the Armed Forces deployed in support of Op11 eration Enduring Freedom is reduced from roughly 

12 90,000 in 2012 to 60,000 in 2013, and 30,000 by 

13 the beginning of 2014, and remains at 30,000 

14 through 2020. 

15 (3) An alternative scenario, determined by the 

16 President and based on current contingency oper17 ation and withdrawal plans, which takes into ac18 count expected force levels and the expected length 

19 of time that members of the Armed Forces will be 

20 deployed in support of Operation Enduring Free21 dom. 

22 (b) ESTIMATES TO BE USED IN PREPARATION OF

23 REPORT.—In preparing the report required by subsection 

24 (b), the President shall make estimates and projections 

25 through at least fiscal year 2020, adjust any dollar 


smartinez on DSK6TPTVN1PROD with BILLS
579 

HR 4310 RFS

1 amounts appropriately for inflation, and take into account 

2 and specify each of the following: 

3 (1) The total number of members of the Armed 

4 Forces expected to be deployed in support of Oper5 ation Enduring Freedom, and Operation Odyssey 

6 Dawn, including— 

7 (A) the number of members of the Armed 

8 Forces actually deployed in Southwest Asia in 

9 support of Operation New Dawn, Operation 

10 Enduring Freedom, and Operation Odyssey 

11 Dawn; 

12 (B) the number of members of reserve 

13 components of the Armed Forces called or or14 dered to active duty in the United States for 

15 the purpose of training for eventual deployment 

16 in Southwest Asia, backfilling for deployed 

17 troops, or supporting other Department of De18 fense missions directly or indirectly related to 

19 Operation New Dawn, Operation Enduring 

20 Freedom, and Operation Odyssey Dawn; and 

21 (C) the break-down of deployments of 

22 members of the regular and reserve components 

23 and activation of members of the reserve com24 ponents. 


smartinez on DSK6TPTVN1PROD with BILLS
580 

HR 4310 RFS

1 (2) The number of members of the Armed 

2 Forces, including members of the reserve compo3 nents, who have previously served in support of Op4 eration Iraqi Freedom, Operation New Dawn, Oper5 ation Enduring Freedom, and Operation Odyssey 

6 Dawn and who are expected to serve multiple de7 ployments. 

8 (3) The number of contractors and private mili9 tary security firms that have been used and are ex10 pected to be used during the course of Operation 

11 Iraqi Freedom, Operation New Dawn, Operation 

12 Enduring Freedom, and Operation Odyssey Dawn. 

13 (4) The number of veterans currently suffering 

14 and expected to suffer from post-traumatic stress 

15 disorder, traumatic brain injury, or other mental in16 juries. 

17 (5) The number of veterans currently in need of 

18 and expected to be in need of prosthetic care and 

19 treatment because of amputations incurred during 

20 service in support of Operation Iraqi Freedom, Op21 eration New Dawn, and Operation Enduring Free22 dom. 

23 (6) The current number of pending Department 

24 of Veterans Affairs claims from veterans of military 

25 service in Iraq, Afghanistan, and Libya, and the 


smartinez on DSK6TPTVN1PROD with BILLS
581 

HR 4310 RFS

1 total number of such veterans expected to seek dis2 ability compensation from the Department of Vet3 erans Affairs. 

4 (7) The total number of members of the Armed 

5 Forces who have been killed or wounded in Iraq, Af6 ghanistan, or Libya, including noncombat casualties, 

7 the total number of members expected to suffer inju8 ries in Iraq, Afghanistan, and Libya, and the total 

9 number of members expected to be killed in Iraq, 

10 Afghanistan, and Libya, including noncombat cas11 ualties. 

12 (8) The amount of funds previously appro13 priated for the Department of Defense, the Depart14 ment of State, and the Department of Veterans Af15 fairs for costs related to Operation Iraqi Freedom, 

16 Operation New Dawn, and Operation Enduring 

17 Freedom, including an account of the amount of 

18 funding from regular Department of Defense, De19 partment of State, and Department of Veterans Af20 fairs budgets that has gone and will go to costs asso21 ciated with such operations. 

22 (9) Current and future operational expenditures 

23 associated with Operation New Dawn, Operation 

24 Enduring Freedom, and Operation Odyssey Dawn 

25 including— 


smartinez on DSK6TPTVN1PROD with BILLS
582 

HR 4310 RFS

1 (A) funding for combat operations; 

2 (B) deploying, transporting, feeding, and 

3 housing members of the Armed Forces (includ4 ing fuel costs); 

5 (C) activation and deployment of members 

6 of the reserve components of the Armed Forces; 

7 (D) equipping and training of Iraqi and 

8 Afghani forces; 

9 (E) purchasing, upgrading, and repairing 

10 weapons, munitions, and other equipment con11 sumed or used in Operation Iraqi Freedom, Op12 eration New Dawn, Operation Enduring Free13 dom, and Operation Odyssey Dawn; and 

14 (F) payments to other countries for 

15 logistical assistance in support of such oper16 ations. 

17 (10) Past, current, and future costs of entering 

18 into contracts with private military security firms 

19 and other contractors for the provision of goods and 

20 services associated with Operation Iraqi Freedom, 

21 Operation New Dawn, Operation Enduring Free22 dom, and Operation Odyssey Dawn. 

23 (11) Average annual cost for each member of 

24 the Armed Forces deployed in support of Operation 

25 Iraqi Freedom, Operation New Dawn, Operation 


smartinez on DSK6TPTVN1PROD with BILLS
583 

HR 4310 RFS

1 Enduring Freedom, and Operation Odyssey Dawn, 

2 including room and board, equipment and body 

3 armor, transportation of troops and equipment (in4 cluding fuel costs), and operational costs. 

5 (12) Current and future cost of combat-related 

6 special pays and benefits, including reenlistment bo7 nuses. 

8 (13) Current and future cost of calling or or9 dering members of the reserve components to active 

10 duty in support of Operation New Dawn, Operation 

11 Enduring Freedom, and Operation Odyssey Dawn. 

12 (14) Current and future cost for reconstruction, 

13 embassy operations and construction, and foreign 

14 aid programs for Iraq and Afghanistan. 

15 (15) Current and future cost of bases and other 

16 infrastructure to support members of the Armed 

17 Forces serving in Iraq and Afghanistan. 

18 (16) Current and future cost of providing 

19 health care for veterans who served in support of 

20 Operation Iraqi Freedom, Operation New Dawn, 

21 Operation Enduring Freedom, and Operation Odys22 sey Dawn— 

23 (A) the cost of mental health treatment for 

24 veterans suffering from post-traumatic stress 


smartinez on DSK6TPTVN1PROD with BILLS
584 

HR 4310 RFS

1 disorder and traumatic brain injury, and other 

2 mental problems as a result of such service; and 

3 (B) the cost of lifetime prosthetics care 

4 and treatment for veterans suffering from am5 putations as a result of such service. 

6 (17) Current and future cost of providing De7 partment of Veterans Affairs disability benefits for 

8 the lifetime of veterans who incur disabilities while 

9 serving in support of Operation Iraqi Freedom, Op10 eration New Dawn, Operation Enduring Freedom, 

11 or Operation Odyssey Dawn. 

12 (18) Current and future cost of providing sur13 vivors’ benefits to survivors of members of the 

14 Armed Forces killed while serving in support of Op15 eration Iraqi Freedom, Operation New Dawn, Oper16 ation Enduring Freedom, or Operation Odyssey 

17 Dawn. 

18 (19) Cost of bringing members of the Armed 

19 Forces and equipment back to the United States 

20 upon the conclusion of Operation New Dawn, Oper21 ation Enduring Freedom, or Operation Odyssey 

22 Dawn, including the cost of demobilization, trans23 portation costs (including fuel costs), providing tran24 sition services for members of the Armed Forces 

25 transitioning from active duty to veteran status, 


smartinez on DSK6TPTVN1PROD with BILLS
585 

HR 4310 RFS

1 transporting equipment, weapons, and munitions 

2 (including fuel costs), and an estimate of the value 

3 of equipment that will be left behind. 

4 (20) Cost to restore the military and military 

5 equipment, including the equipment of the reserve 

6 components, to full strength after the conclusion of 

7 Operation New Dawn or Operation Enduring Free8 dom. 

9 (21) Amount of money borrowed to pay for Op10 eration Iraqi Freedom, Operation New Dawn, Oper11 ation Enduring Freedom, or Operation Odyssey 

12 Dawn, and the sources of that money. 

13 (22) Interest on money borrowed, including in14 terest for money already borrowed and anticipated 

15 interest payments on future borrowing, for Oper16 ation Iraqi Freedom, Operation New Dawn, Oper17 ation Enduring Freedom, or Operation Odyssey 

18 Dawn. 


smartinez on DSK6TPTVN1PROD with BILLS
586 

HR 4310 RFS

1 Subtitle G—Miscellaneous 

2 Authorities and Limitations 

3 SEC. 1071. RULE OF CONSTRUCTION RELATING TO PROHI4 BITION ON INFRINGING ON THE INDIVIDUAL 

5 RIGHT TO LAWFULLY ACQUIRE, POSSESS, 

6 OWN, CARRY, AND OTHERWISE USE PRI7 VATELY OWNED FIREARMS, AMMUNITION, 

8 AND OTHER WEAPONS. 

9 Section 1062(c) of the Ike Skelton National Defense 

10 Authorization Act for Fiscal Year 2011 (Public Law 111– 

11 383; 124 Stat. 4363) is amended— 

12 (1) in paragraph (1)(B), by striking ‘‘; or’’ and 

13 inserting a semicolon; 

14 (2) in paragraph (2), by striking ‘‘others.’’ and 

15 inserting ‘‘others; or’’; and 

16 (3) by adding at the end the following new 

17 paragraph: 

18 ‘‘(3) authorize a mental health professional that 

19 is a member of the Armed Forces or a civilian em20 ployee of the Department of Defense or a com21 manding officer to inquire if a member of the Armed 

22 Forces plans to acquire, or already possesses or 

23 owns, a privately-owned firearm, ammunition, or 

24 other weapon, if such mental health professional or 

25 such commanding officer has reasonable grounds to 


smartinez on DSK6TPTVN1PROD with BILLS
587 

HR 4310 RFS

1 believe such member is at high risk for suicide or 

2 causing harm to others.’’. 

3 SEC. 1072. EXPANSION OF AUTHORITY OF THE SECRETARY 

4 OF THE ARMY TO LOAN OR DONATE EXCESS 

5 SMALL ARMS FOR FUNERAL AND OTHER CER6 EMONIAL PURPOSES. 

7 Section 4683(a) of title 10, United States Code, is 

8 amended by adding at the end the following new para9 graph: 

10 ‘‘(3)(A) In order to meet the needs of an eligi11 ble organization with respect to performing funeral 

12 and other ceremonies, if the Secretary determines 

13 appropriate, the Secretary may— 

14 ‘‘(i) loan or donate excess small arms to an 

15 eligible organization; 

16 ‘‘(ii) authorize an eligible organization to 

17 retain small arms other than M–1 rifles; or 

18 ‘‘(iii) if excess small arms stock is insuffi19 cient to meet organizational requirements, pre20 scribe policies and procedures to establish a ro21 tational loan program based on the needs of eli22 gible organizations. 

23 ‘‘(B) Nothing in this paragraph shall be con24 strued to supersede any Federal law or regulation 

25 governing the use or ownership of firearms. 


smartinez on DSK6TPTVN1PROD with BILLS
588 

HR 4310 RFS

1 ‘‘(C) The Secretary may not delegate the au2 thority under this paragraph.’’. 

3 SEC. 1073. PROHIBITION ON THE USE OF FUNDS FOR MAN4 UFACTURING BEYOND LOW-RATE INITIAL 

5 PRODUCTION AT CERTAIN PROTOTYPE INTE6 GRATION FACILITIES. 

7 (a) PROHIBITION.—None of the funds authorized to 

8 be appropriated by this Act may be used for manufac9 turing production beyond the greater of low-rate initial 

10 production or 1000 units at a prototype integration facil11 ity of any of the following components of the Army Re12 search, Development, and Engineering Command: 

13 (1) The Armament Research, Development, and 

14 Engineering Center. 

15 (2) The Aviation and Missile Research, Devel16 opment, and Engineering Center. 

17 (3) The Communications-Electronics Research, 

18 Development, and Engineering Center. 

19 (4) The Tank Automotive Research, Develop20 ment, and Engineering Center. 

21 (b) WAIVER.—The Assistant Secretary of the Army 

22 for Acquisition, Logistics, and Technology may waive the 

23 prohibition under subsection (a) for a fiscal year if— 

24 (1) the Assistant Secretary determines that the 

25 waiver is necessary— 


smartinez on DSK6TPTVN1PROD with BILLS
589 

HR 4310 RFS

1 (A) for reasons of national security; or 

2 (B) to rapidly acquire equipment to re3 spond to combat emergencies; and 

4 (2) the Assistant Secretary submits to Congress 

5 a notification of the waiver together with the reasons 

6 for the waiver. 

7 (c) LOW-RATE INITIAL PRODUCTION.—For purposes 

8 of this section, the term ‘‘low-rate initial production’’ shall 

9 be determined in accordance with section 2400 of title 10, 

10 United States Code. 

11 SEC. 1074. INTERAGENCY COLLABORATION ON UNMANNED 

12 AIRCRAFT SYSTEMS. 

13 (a) FINDINGS ON JOINT DEPARTMENT OF DEFENSE14 FEDERAL AVIATION ADMINISTRATION EXECUTIVE COM15 MITTEE ON CONFLICT AND DISPUTE RESOLUTION.—Sec16 tion 1036(a) of the Duncan Hunter National Defense Au17 thorization Act for Fiscal Year 2009 (Public Law 110– 

18 417; 122 Stat. 4596) is amended by adding at the end 

19 the following new paragraph: 

20 ‘‘(9) Collaboration of scientific and technical 

21 personnel and sharing resources from the Depart22 ment of Defense, Federal Aviation Administration, 

23 and National Aeronautics and Space Administration 

24 can advance an enduring relationship of research ca25 pability to advance the access of unmanned aircraft 


smartinez on DSK6TPTVN1PROD with BILLS
590 

HR 4310 RFS

1 systems of the Department of Defense to the Na2 tional Airspace System.’’. 

3 (b) INTERAGENCY COLLABORATION.— 

4 (1) IN GENERAL.—The Secretary of Defense 

5 shall collaborate with the Administrator of the Fed6 eral Aviation Administration and the Administrator 

7 of the National Aeronautics and Space Administra8 tion to conduct research and seek solutions to chal9 lenges associated with the safe integration of un10 manned aircraft systems into the National Airspace 

11 System in accordance with subtitle B of title III of 

12 the FAA Modernization and Reform Act of 2012 

13 (Public Law 112–95; 126 Stat. 72). 

14 (2) ACTIVITIES IN SUPPORT OF PLAN ON AC15 CESS TO NATIONAL AIRSPACE FOR UNMANNED AIR16 CRAFT SYSTEMS.—Collaboration under paragraph 

17 (1) may include research and development of sci18 entific and technical issues, equipment, and tech19 nology in support of the plan to safely accelerate the 

20 integration of unmanned aircraft systems as re21 quired by subtitle B of title III of the FAA Mod22 ernization and Reform Act of 2012 (Public Law 

23 112–95; 126 Stat. 72). 

24 (3) NONDUPLICATIVE EFFORTS.—If the Sec25 retary of Defense determines it is in the interest of 


smartinez on DSK6TPTVN1PROD with BILLS
591 

HR 4310 RFS

1 the Department of Defense, the Secretary may use 

2 existing aerospace-related laboratories, personnel, 

3 equipment research radars, and ground facilities of 

4 the Department of Defense to avoid the duplication 

5 of efforts in carrying out collaboration under para6 graph (1). 

7 (4) REPORTS.— 

8 (A) REQUIREMENT.—The Secretary of De9 fense, on behalf of the UAS Executive Com10 mittee, shall annually submit to the congres11 sional defense committees, the Committee on 

12 Transportation and Infrastructure and the 

13 Committee on Science, Space, and Technology 

14 of the House of Representatives, and the Com15 mittee on Commerce, Science, and Transpor16 tation of the Senate a report on the progress of 

17 collaborative research activity, including— 

18 (i) the progress on accomplishing the 

19 goals of the unmanned aircraft systems re20 search, development, and demonstration 

21 roadmap of the Next Generation Air 

22 Transportation System Joint Planning and 

23 Development Office of the Federal Avia24 tion Administration; and 


smartinez on DSK6TPTVN1PROD with BILLS
592 

HR 4310 RFS

1 (ii) estimates of long-term funding 

2 needs. 

3 (B) TERMINATION.—The requirement to 

4 submit a report under subparagraph (A) shall 

5 terminate on the date that is five years after 

6 the date of the enactment of this Act. 

7 (c) UAS EXECUTIVE COMMITTEE DEFINED.—In this 

8 section, the term ‘‘UAS Executive Committee’’ means the 

9 Department of Defense–Federal Aviation Administration 

10 executive committee described in section 1036(b) of the 

11 Duncan Hunter National Defense Authorization Act for 

12 Fiscal Year 2009 (Public Law 110–417; 122 Stat. 4596) 

13 established by the Secretary of Defense and the Adminis14 trator of the Federal Aviation Administration. 

15 SEC. 1075. AUTHORITY TO TRANSFER SURPLUS MINE-RE16 SISTANT AMBUSH-PROTECTED VEHICLES 

17 AND SPARE PARTS. 

18 (a) AUTHORITY.—The Secretary of Defense is au19 thorized to transfer surplus Mine-Resistant Ambush-Pro20 tected vehicles, including spare parts for such vehicles, to 

21 non-profit United States humanitarian demining organiza22 tions for purposes of demining activities and training of 

23 such organizations. 


smartinez on DSK6TPTVN1PROD with BILLS
593 

HR 4310 RFS

1 (b) TERMS AND CONDITIONS.—Any transfer of vehi2 cles or spare parts under subsection (a) shall be subject 

3 to the following terms and conditions: 

4 (1) The transfer shall be made on a loan basis. 

5 (2) The costs of operation and maintenance of 

6 the vehicles shall be borne by the recipient organiza7 tion. 

8 (3) Any other terms and conditions as the Sec9 retary of Defense determines to be appropriate. 

10 (c) NOTIFICATION.—The Secretary of Defense shall 

11 notify the congressional defense committees in writing not 

12 less than 60 days before making any transfer of vehicles 

13 or spare parts under subsection (a). Such notification shall 

14 include the name of the organization, the number and 

15 model of the vehicle to be transferred, a listing of any 

16 spare parts to be transferred, and any other information 

17 the Secretary considers appropriate. 

18 SEC. 1076. LIMITATION ON AVAILABILITY OF FUNDS FOR 

19 RETIREMENT OF AIRCRAFT. 

20 (a) IN GENERAL.—Except as provided by section 

21 135, none of the funds authorized to be appropriated by 

22 this Act or otherwise made available for fiscal year 2013 

23 for the Army or the Air Force may be used during fiscal 

24 year 2013 to divest, retire, or transfer, or prepare to di25 vest, retire, or transfer, any— 


smartinez on DSK6TPTVN1PROD with BILLS
594 

HR 4310 RFS

1 (1) C–23 aircraft of the Army assigned to the 

2 Army as of May 31, 2012; or 

3 (2) aircraft of the Air Force assigned to the Air 

4 Force as of May 31, 2012. 

5 (b) WAIVER.—The Secretary of Defense may waive 

6 the limitation in subsection (a) if— 

7 (1) the Secretary submits to the congressional 

8 defense committees written certification that such a 

9 waiver is necessary to meet an emergency national 

10 security requirement; and 

11 (2) a period of 15 days has elapsed following 

12 the date on which such certification is submitted. 

13 (c) REPORT.— 

14 (1) IN GENERAL.—Not later than March 1, 

15 2013, the Secretary of Defense shall submit to the 

16 congressional defense committees a report by the 

17 Chief of the National Guard Bureau, the Chief of 

18 Staff of the Air Force, and the Chief of Staff of the 

19 Army and approved by the Secretary of Defense that 

20 specifies, with respect to all aircraft proposed to be 

21 retired during fiscal years 2013 through 2017— 

22 (A) the economic analysis used to make 

23 each realignment decision with respect to such 

24 aircraft of the National Guard and Air Force 

25 Reserve; 


smartinez on DSK6TPTVN1PROD with BILLS
595 

HR 4310 RFS

1 (B) alternative options considered for each 

2 such realignment decision, including an analysis 

3 of such options; 

4 (C) the effect of each such realignment de5 cision on— 

6 (i) the current personnel at the loca7 tion; and 

8 (ii) the missions and capabilities of 

9 the Army; and 

10 (D) the plans for each location that is 

11 being realigned, including the analysis used for 

12 such plans. 

13 (2) GAO ANALYSIS.—The Comptroller General 

14 of the United States shall carry out the following: 

15 (A) An economic analysis of the realign16 ment decisions made by the Secretary of De17 fense with respect to the aircraft of the Na18 tional Guard and Air Force Reserve described 

19 in paragraph (1)(A). 

20 (B) An analysis of the alternative options 

21 considered for each such realignment decision. 

22 (C) An analysis of the effect of each such 

23 realignment decision on— 

24 (i) the current personnel at the loca25 tion; and 


smartinez on DSK6TPTVN1PROD with BILLS
596 

HR 4310 RFS

1 (ii) the missions and capabilities of 

2 the Army; and 

3 (D) An analysis of the plans described in 

4 paragraph (1)(D). 

5 (3) COOPERATION.—The Secretary of Defense 

6 shall provide the Comptroller General with relevant 

7 data and cooperation to carry out the analyses under 

8 paragraph (2). 

9 (4) SUBMITTAL.—Not later than 90 days after 

10 the date on which the Secretary submits the report 

11 under paragraph (1), the Comptroller General shall 

12 submit to the congressional defense committees a re13 port containing the analyses conducted under para14 graph (2). 

15 SEC. 1077. PROHIBITION ON DEPARTMENT OF DEFENSE 

16 USE OF NONDISCLOSURE AGREEMENTS TO 

17 PREVENT MEMBERS OF THE ARMED FORCES 

18 AND CIVILIAN EMPLOYEES OF THE DEPART19 MENT FROM COMMUNICATING WITH MEM20 BERS OF CONGRESS. 

21 (a) INCLUSION OF CIVILIAN EMPLOYEES IN CUR22 RENT PROHIBITION ON RESTRICTING COMMUNICATION.— 

23 Paragraph (1) of subsection (a) of section 1034 of title 

24 10, United States Code, is amended by inserting ‘‘or civilVerDate Mar 15 2010 01:00 Jun 20, 2012 Jkt 019200 PO 00000 Frm 00596 Fmt 6652 Sfmt 6201 E:\BILLS\H4310.RFS H4310

smartinez on DSK6TPTVN1PROD with BILLS
597 

HR 4310 RFS

1 ian employee of the Department of Defense’’ after ‘‘mem2 ber of the armed forces’’. 

3 (b) PROHIBITION ON USING NONDISCLOSURE

4 AGREEMENTS TO RESTRICT COMMUNICATION.—Such 

5 subsection is further amended— 

6 (1) by redesignating paragraph (2) as para7 graph (3); and 

8 (2) by inserting after paragraph (1) the fol9 lowing new paragraph: 

10 ‘‘(2)(A) The prohibition imposed by paragraph (1) 

11 precludes the use of a nondisclosure agreement with a 

12 member of the armed forces or a civilian employee of the 

13 Department of Defense to restrict the member or em14 ployee in communicating with a Member of Congress or 

15 an Inspector General. 

16 ‘‘(B) Subparagraph (A) does not prevent the use of 

17 nondisclosure agreements to prevent the disclosure of— 

18 ‘‘(i) deliberations regarding the closure or re19 alignment of a military installation under a base clo20 sure law; 

21 ‘‘(ii) commercial proprietary information; and 

22 ‘‘(iii) classified information the level of which 

23 exceeds the clearance held by the requestor.’’. 


smartinez on DSK6TPTVN1PROD with BILLS
598 

HR 4310 RFS

1 SEC. 1078. AUTHORITY FOR CORPS OF ENGINEERS TO CON2 STRUCT PROJECTS CRITICAL TO NAVIGA3 TION SAFETY. 

4 The Secretary of the Army, acting through the Chief 

5 of Engineers, may accept non-Federal funds and use such 

6 funds to construct a navigation project that has not been 

7 specifically authorized by law if— 

8 (1) the Secretary has received a completed 

9 Chief of Engineers’ report for the project; 

10 (2) the project is fully funded by non-Federal 

11 sources using non-Federal funds; and 

12 (3) the Secretary finds that the improvements 

13 to be made by the project are critical to navigation 

14 safety. 

15 SEC. 1079. REVIEW OF AIR NATIONAL GUARD COMPONENT 

16 NUMBERED AIR FORCE AUGMENTATION 

17 FORCE. 

18 (a) REVIEW.— 

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

20 Force shall conduct a review of the decision of the 

21 Secretary to cancel or consolidate the Air National 

22 Guard Component Numbered Air Force Augmenta23 tion Force. 

24 (2) MATTERS INCLUDED.—The review under 

25 paragraph (1) shall include the following: 


smartinez on DSK6TPTVN1PROD with BILLS
599 

HR 4310 RFS

1 (A) An explanation of how the Secretary 

2 determined which Air National Guard Aug3 mentation Units would be retired or relocated 

4 during fiscal year 2013. 

5 (B) A description of the methodologies un6 derlying such determinations, including the fac7 tors and assumptions that shaped the specific 

8 determinations. 

9 (C) The rationale for selecting Augmenta10 tion Units to be retired or relocated with re11 spect to such Units of the Air National Guard. 

12 (D) An explanation of how such consolida13 tion or relocation affects national security. 

14 (E) Details of the costs incurred, avoided, 

15 or saved with respect to consolidation or reloca16 tion of Augmentation Units. 

17 (b) REPORT.—Not later than 90 days after the date 

18 of the enactment of this Act, the Secretary shall submit 

19 to the congressional defense committees a report on the 

20 review conducted under subsection (a)(1). 

21 (c) COMPTROLLER GENERAL REVIEW.—Not later 

22 than 60 days after the date on which the report is sub23 mitted under subsection (b), the Comptroller General of 

24 the United States shall submit to the congressional de25 fense committees a review of such report. 


smartinez on DSK6TPTVN1PROD with BILLS
600 

HR 4310 RFS

1 Subtitle H—Other Matters 

2 SEC. 1081. BIPARTISAN INDEPENDENT STRATEGIC REVIEW 

3 PANEL. 

4 (a) BIPARTISAN INDEPENDENT STRATEGIC REVIEW

5 PANEL.— 

6 (1) ESTABLISHMENT.—Chapter 2 of title 10, 

7 United States Code, is amended by adding at the 

8 end the following new section: 

9 ‘‘§ 119b. Bipartisan independent strategic review 

10 panel 

11 ‘‘(a) ESTABLISHMENT.—There is established a bipar12 tisan independent strategic review panel (in this section 

13 referred to as the ‘Panel’) to conduct a regular review of 

14 the national defense strategic environment of the United 

15 States and to conduct an independent assessment of the 

16 quadrennial defense review required under section 118. 

17 ‘‘(b) MEMBERSHIP.— 

18 ‘‘(1) APPOINTMENT.—The Panel shall be com19 posed of 12 members from civilian life with a recog20 nized expertise in national security matters who 

21 shall be appointed as follows: 

22 ‘‘(A) Four members shall be appointed by 

23 the Secretary of Defense, of whom not more 

24 than three members shall be of the same polit25 ical party. 


smartinez on DSK6TPTVN1PROD with BILLS
601 

HR 4310 RFS

1 ‘‘(B) Two members shall be appointed by 

2 the chair of the Committee on Armed Services 

3 of the House of Representatives. 

4 ‘‘(C) Two members shall be appointed by 

5 the chair of the Committee on Armed Services 

6 of the Senate. 

7 ‘‘(D) Two members shall be appointed by 

8 the ranking minority member of the Committee 

9 on Armed Services of the House of Representa10 tives. 

11 ‘‘(E) Two members shall be appointed by 

12 the ranking minority member of the Committee 

13 on Armed Services of the Senate. 

14 ‘‘(2) INITIAL MEMBERS: APPOINTMENT DATE

15 AND TERM OF SERVICE.— 

16 ‘‘(A) APPOINTMENT DATE.—The initial 

17 members of the Panel shall be appointed under 

18 paragraph (1) not later than January 30, 2013. 

19 ‘‘(B) TERMS.— 

20 ‘‘(i) The Secretary of Defense shall 

21 designate two initial members of the Panel 

22 appointed under paragraph (1)(A) to serve 

23 terms that expire on December 31, 2013, 

24 and two such initial members to serve 

25 terms that expire on December 31, 2014. 


smartinez on DSK6TPTVN1PROD with BILLS
602 

HR 4310 RFS

1 ‘‘(ii) The chair of the Committee on 

2 Armed Services of the House of Represent3 atives shall designate one initial member of 

4 the Panel appointed under paragraph 

5 (1)(B) to serve a term that expires on De6 cember 31, 2013, and one such initial 

7 member to serve a term that expires on 

8 December 31, 2014. 

9 ‘‘(iii) The chair of the Committee on 

10 Armed Services of the Senate shall des11 ignate one initial member of the Panel ap12 pointed under paragraph (1)(C) to serve a 

13 term that expires on December 31, 2013, 

14 and one such initial member to serve a 

15 term that expires on December 31, 2014. 

16 ‘‘(iv) The ranking minority member of 

17 the Committee on Armed Services of the 

18 House of Representatives shall designate 

19 one initial member of the Panel appointed 

20 under paragraph (1)(D) to serve a term 

21 that expires on December 31, 2013, and 

22 one such initial member to serve a term 

23 that expires on December 31, 2014. 

24 ‘‘(v) The ranking minority member of 

25 the Committee on Armed Services of the 


smartinez on DSK6TPTVN1PROD with BILLS
603 

HR 4310 RFS

1 Senate shall designate one initial member 

2 of the Panel appointed under paragraph 

3 (1)(E) to serve a term that expires on De4 cember 31, 2013, and one such initial 

5 member to serve a term that expires on 

6 December 31, 2014. 

7 ‘‘(3) CHAIRS.—The Secretary of Defense shall 

8 designate two members appointed pursuant to para9 graph (1)(A) that are not of the same political party 

10 to serve as the Chairs of the Panel. 

11 ‘‘(4) VACANCIES.— 

12 ‘‘(A) A vacancy in the Panel shall be filled 

13 in the same manner as the original appointment 

14 and not later than 30 days after the date on 

15 which the vacancy begins. 

16 ‘‘(B) A member of the Panel appointed to 

17 fill a vacancy shall be appointed for a term that 

18 expires— 

19 ‘‘(i) in the case of an appointment to 

20 fill a vacancy resulting from a person not 

21 serving the entire term for which such per22 son was appointed, at the end of the re23 mainder of such term; and 

24 ‘‘(ii) in the case of an appointment to 

25 fill a vacancy resulting from the expiration 


smartinez on DSK6TPTVN1PROD with BILLS
604 

HR 4310 RFS

1 of the term of a member of the panel, two 

2 years after the date on which the term of 

3 such member expired. 

4 ‘‘(5) REAPPOINTMENT.—Members of the Panel 

5 may be reappointed to the Panel for additional 

6 terms of service. 

7 ‘‘(6) PAY.—The members of the Panel shall 

8 serve without pay 

9 ‘‘(7) TRAVEL EXPENSES.—Each member of the 

10 Panel shall receive travel expenses, including per 

11 diem in lieu of subsistence, in accordance with appli12 cable provisions under subchapter I of chapter 57 of 

13 title 5, United States Code. 

14 ‘‘(c) DUTIES.— 

15 ‘‘(1) REVIEW OF NATIONAL DEFENSE STRA16 TEGIC ENVIRONMENT.—The Panel shall every four 

17 years, during a year following a year evenly divisible 

18 by four, review the national defense strategic envi19 ronment of the United States. Such review shall in20 clude a review and assessment of— 

21 ‘‘(A) the national defense environment, in22 cluding challenges and opportunities; 

23 ‘‘(B) the national defense strategy and pol24 icy; 


smartinez on DSK6TPTVN1PROD with BILLS
605 

HR 4310 RFS

1 ‘‘(C) the national defense roles, missions, 

2 and organizations; 

3 ‘‘(D) the risks to the national defense of 

4 the United States and how such risks affect 

5 challenges and opportunities to national de6 fense; and 

7 ‘‘(2) ADDITIONAL REVIEWS.—The Panel may 

8 conduct additional reviews under paragraph (1) as 

9 requested by Congress or the Secretary of Defense, 

10 or when the Panel determines a significant change 

11 in the national defense environment has occurred 

12 that would warrant new recommendations from the 

13 Panel. 

14 ‘‘(3) ASSESSMENT OF QUADRENNIAL DEFENSE

15 REVIEW.—The Panel shall conduct an assessment of 

16 each quadrennial defense review required to be con17 ducted under section 118. Each assessment shall in18 clude— 

19 ‘‘(A) a review of the Secretary of Defense’s 

20 terms of reference, and any other materials pro21 viding the basis for, or substantial inputs to, 

22 the work of the Department of Defense on such 

23 quadrennial defense review; 

24 ‘‘(B) an assessment of the assumptions, 

25 strategy, findings, and risks in the report of the 


smartinez on DSK6TPTVN1PROD with BILLS
606 

HR 4310 RFS

1 Secretary of Defense on such quadrennial de2 fense review required under section 118(d), 

3 with particular attention paid to the risks de4 scribed in such a report; 

5 ‘‘(C) an independent assessment of a vari6 ety of possible force structures for the armed 

7 forces, including the force structure identified 

8 in the report required under section 118(d); 

9 and 

10 ‘‘(D) a review of the resource requirements 

11 identified in such quadrennial defense review 

12 pursuant to section 118(b)(3) and, to the extent 

13 practicable, a general comparison of such re14 source requirements with the resource require15 ments to support the forces contemplated under 

16 the force structures assessed under subpara17 graph (C). 

18 ‘‘(d) ADMINISTRATIVE PROVISIONS.— 

19 ‘‘(1) STAFF.— 

20 ‘‘(A) IN GENERAL.—The Chairs of the 

21 Panel may, without regard to the civil service 

22 laws and regulations, appoint and terminate an 

23 executive director and not more than 11 addi24 tional personnel, as may be necessary to enable 

25 the Panel to perform the duties of the Panel. 


smartinez on DSK6TPTVN1PROD with BILLS
607 

HR 4310 RFS

1 ‘‘(B) COMPENSATION.—The Chairs of the 

2 Panel may fix the compensation of the executive 

3 director and other personnel without regard to 

4 the provisions of chapter 51 and subchapter III 

5 of chapter 53 of title 5, United States Code, re6 lating to the classification of positions and Gen7 eral Schedule pay rates, except that the rate of 

8 pay for the executive director and other per9 sonnel may not exceed the rate payable for level 

10 V of the Executive Schedule under section 5316 

11 of such title. 

12 ‘‘(2) DETAIL OF GOVERNMENT EMPLOYEES.— 

13 Any Federal Government employee may be detailed 

14 to the Panel without reimbursement, and such detail 

15 shall be without interruption or loss of civil service 

16 status or privilege. 

17 ‘‘(3) PROCUREMENT OF TEMPORARY AND

18 INTERMITTENT SERVICES.—The Chairs of the Panel 

19 may procure temporary and intermittent services 

20 under section 3109(b) of title 5, United States Code, 

21 at rates for individuals that do not exceed the daily 

22 equivalent of the annual rate of basic pay for level 

23 V of the Executive Schedule under section 5316 of 

24 such title. 


smartinez on DSK6TPTVN1PROD with BILLS
608 

HR 4310 RFS

1 ‘‘(4) PROVISION OF INFORMATION.—The Panel 

2 may request directly from the Department of De3 fense and any of its components such information as 

4 the Panel considers necessary to carry out its duties 

5 under this section. The head of the department or 

6 agency concerned shall cooperate with the Panel to 

7 ensure that information requested by the Panel 

8 under this paragraph is promptly provided to the 

9 maximum extent practical. 

10 ‘‘(5) USE OF CERTAIN DEPARTMENT OF DE11 FENSE RESOURCES.—Upon the request of the 

12 Chairs of the Panel, the Secretary of Defense shall 

13 make available to the Panel the services of any fed14 erally-funded research and development center that 

15 is covered by a sponsoring agreement of the Depart16 ment of Defense. 

17 ‘‘(6) FUNDING.—Funds for activities of the 

18 Panel shall be provided from amounts available to 

19 the Department of Defense. 

20 ‘‘(e) REPORTS.— 

21 ‘‘(1) REVIEW OF NATIONAL DEFENSE STRA22 TEGIC ENVIRONMENT.—Not later than June 30 of a 

23 year following a year evenly divisible by four, the 

24 Panel shall submit to the congressional defense com25 mittees, the Secretary of Defense, and the National 


smartinez on DSK6TPTVN1PROD with BILLS
609 

HR 4310 RFS

1 Security Council a report containing the results of 

2 the review conducted under subsection (c)(1) and 

3 any recommendations or other matters that the 

4 Panel considers appropriate. 

5 ‘‘(2) ASSESSMENT OF QUADRENNIAL DEFENSE

6 REVIEW.—Not later than 90 days after the date on 

7 which a report on a quadrennial defense review is 

8 submitted to Congress under section 118(d), the 

9 Panel shall submit to the congressional defense com10 mittees and the Secretary of Defense a report con11 taining the results of the assessment conducted 

12 under subsection (c)(3) and any recommendations or 

13 other matters that the Panel considers appro14 priate.’’. 

15 (2) CLERICAL AMENDMENT.—The table of sec16 tions at the beginning of chapter 2 of title 10, 

17 United States Code, is amended by adding at the 

18 end the following new item: 

‘‘119b. Bipartisan independent strategic review panel.’’. 

19 (b) UPDATES FROM SECRETARY OF DEFENSE ON

20 PROGRESS OF QUADRENNIAL DEFENSE REVIEW.—Sec21 tion 118(f) of title 10, United States Code, is amended 

22 to read as follows: 

23 ‘‘(f) UPDATES TO BIPARTISAN INDEPENDENT STRA24 TEGIC REVIEW PANEL.—The Secretary of Defense shall 

25 ensure that periodically, but not less often than every 60 


smartinez on DSK6TPTVN1PROD with BILLS
610 

HR 4310 RFS

1 days, or at the request of the Chairs of the bipartisan 

2 independent strategic review panel established under sec3 tion 119b(a), the Department of Defense briefs such panel 

4 on the progress of the conduct of a quadrennial defense 

5 review under subsection (a).’’. 

6 (c) BIPARTISAN INDEPENDENT STRATEGIC REVIEW

7 OF THE UNITED STATES ARMY.— 

8 (1) REVIEW REQUIRED.—Not later than 30 

9 days after the date on which all initial members of 

10 the bipartisan independent strategic review panel are 

11 appointed under section 119b(b) of title 10, United 

12 States Code, as added by subsection (a)(1) of this 

13 section, the Panel shall begin a review of the future 

14 of the Army. 

15 (2) ELEMENTS OF REVIEW.—The review re16 quired under paragraph (1) shall include a review 

17 and assessment of— 

18 (A) the validity and utility of the scenarios 

19 and planning assumptions the Army used to de20 velop the current force structure of the Army; 

21 (B) such force structure and an evaluation 

22 of the adequacy of such force structure for 

23 meeting the goals of the national military strat24 egy of the United States; 


smartinez on DSK6TPTVN1PROD with BILLS
611 

HR 4310 RFS

1 (C) the size and structure of elements of 

2 the Army, in particular United States Army 

3 Training and Doctrine Command, United 

4 States Army Materiel Command, and corps and 

5 higher headquarters elements; 

6 (D) potential alternative force structures of 

7 the Army; and 

8 (E) the resource requirements of each of 

9 the alternative force structures analyzed by the 

10 Panel. 

11 (3) REPORT.— 

12 (A) PANEL REPORT.—Not later than one 

13 year after the date on which the Panel begins 

14 the review required under paragraph (1), the 

15 Panel shall submit to the congressional defense 

16 committees and the Secretary of Defense a re17 port containing the findings and recommenda18 tions of the Panel, including any recommenda19 tions concerning changes to the planned size 

20 and composition of the Army. 

21 (B) ADDITIONAL VIEWS.—The report re22 quired under subparagraph (A) shall include 

23 any additional or dissenting views of a member 

24 of the Panel that such member considers appro25 priate to include in such report. 


smartinez on DSK6TPTVN1PROD with BILLS
612 

HR 4310 RFS

1 (4) DEFINITIONS.—In this section: 

2 (A) ARMY.—The term ‘‘Army’’ includes 

3 the reserve components of the Army. 

4 (B) BIPARTISAN INDEPENDENT STRATEGIC

5 REVIEW PANEL.—The terms ‘‘bipartisan inde6 pendent strategic review panel’’ and ‘‘Panel’’ 

7 mean the bipartisan independent strategic re8 view panel established under section 119b(a) of 

9 title 10, United States Code, as added by sub10 section (a)(1) of this section. 

11 SEC. 1082. NOTIFICATION OF DELAYED REPORTS. 

12 (a) IN GENERAL.—Chapter 3 of title 10, United 

13 States Code, is amended by inserting after section 122a 

14 the following new section: 

15 ‘‘§ 122b. Notification of delayed reports 

16 ‘‘If the Secretary of Defense determines that a report 

17 required by law to be submitted by any official of the De18 partment of Defense to Congress will not be submitted by 

19 the date required under law, the Secretary shall submit 

20 to the congressional defense committees a notification, by 

21 not later than such date, of the following: 

22 ‘‘(1) An explanation of why such report will not 

23 be submitted by such date. 

24 ‘‘(2) The date on which such report will be sub25 mitted. 


smartinez on DSK6TPTVN1PROD with BILLS
613 

HR 4310 RFS

1 ‘‘(3) The status of such report as of the date 

2 of the notification. 

3 ‘‘(4) The office of the Department carrying out 

4 such report and the individual acting as the head of 

5 such office.’’. 

6 (b) CLERICAL AMENDMENT.—The table of sections 

7 at the beginning of such chapter is amended by inserting 

8 after the item relating to section 122a the following new 

9 item: 

‘‘122b. Notification of delayed reports.’’. 

10 SEC. 1083. TECHNICAL AND CLERICAL AMENDMENTS. 

11 (a) AMENDMENTS TO NATIONAL DEFENSE AUTHOR12 IZATION ACT FOR FISCAL YEAR 2012.—Effective as of 

13 December 31, 2011, and as if included therein as enacted, 

14 the National Defense Authorization Act for Fiscal Year 

15 2012 (Public Law 112–81) is amended as follows: 

16 (1) Section 243(d) (125 Stat. 1344) is amended 

17 by striking ‘‘paragraph’’ and inserting ‘‘subsection’’. 

18 (2) Section 541(b) (125 Stat. 1407) is amended 

19 by striking ‘‘, as amended by subsection (a),’’. 

20 (3) Section 589(b) (125 Stat. 1438) is amended 

21 by striking ‘‘section 717’’ and inserting ‘‘section 

22 2564’’. 

23 (4) Section 602(a)(2) (125 Stat. 1447) is 

24 amended by striking ‘‘repairs,’’ and inserting ‘‘re25 pairs’’. 


smartinez on DSK6TPTVN1PROD with BILLS
614 

HR 4310 RFS

1 (5) Section 631(e)(28)(A) (125 Stat. 1464) is 

2 amended by striking ‘‘In addition’’ in the matter 

3 proposed to be inserted and inserting ‘‘Under regu4 lations’’. 

5 (6) Section 631(f)(2) (125 Stat. 1464) is 

6 amended by striking ‘‘table of chapter’’ and insert7 ing ‘‘table of chapters’’. 

8 (7) Section 631(f)(3)(B) (125 Stat. 1465) is 

9 amended by striking ‘‘chapter 9’’ and inserting 

10 ‘‘chapter 10’’. 

11 (8) Section 631(f)(4) (125 Stat. 1465) is 

12 amended by striking ‘‘subsection (c)’’ both places it 

13 appears and inserting ‘‘subsection (d)’’. 

14 (9) Section 801 (125 Stat. 1482) is amended— 

15 (A) in subsection (a)(1)(B), by striking 

16 ‘‘paragraphs (6) and (7)’’ and inserting ‘‘para17 graphs (5) and (6)’’; 

18 (B) in subsection (a)(2), in the matter pro19 posed to be inserted as a new paragraph, by 

20 striking the double closing quotation marks 

21 after ‘‘capabilities’’ and inserting a single clos22 ing quotation mark; and 

23 (C) in subsection (e)(1)(A), by striking 

24 ‘‘Point’’ in the matter proposed to be struck 

25 and inserting ‘‘Point A’’. 


smartinez on DSK6TPTVN1PROD with BILLS
615 

HR 4310 RFS

1 (10) Section 832(b)(1) (125 Stat. 1504) is 

2 amended by striking ‘‘Defenese’’ and inserting ‘‘De3 fense’’. 

4 (11) Section 855 (125 Stat. 1521) is amended 

5 by striking ‘‘Section 139e(b)(12)’’ and inserting 

6 ‘‘Section 139c(b)(12)’’. 

7 (12) Section 864(a)(2) (125 Stat. 1522) is 

8 amended by striking ‘‘for Acquisition Workforce 

9 Programs’’ in the matter proposed to be struck. 

10 (13) Section 864(d)(2) (125 Stat. 1525) is 

11 amended to read as follows: 

12 ‘‘(2) in paragraph (6), by striking ‘ensure that 

13 amounts collected’ and all that follows through the 

14 end of the paragraph (as amended by section 526 of 

15 division C of Public Law 112–74 (125 Stat. 914)) 

16 and inserting ‘ensure that amounts collected under 

17 this section are not used for a purpose other than 

18 the activities set forth in section 1201(a) of this 

19 title.’.’’. 

20 (14) Section 866(a) (125 Stat. 1526) is amend21 ed by striking ‘‘September 30’’ in the matter pro22 posed to be struck and inserting ‘‘December 31’’. 

23 (15) Section 867 (125 Stat. 1526) is amend24 ed— 


smartinez on DSK6TPTVN1PROD with BILLS
616 

HR 4310 RFS

1 (A) in paragraph (1), by striking ‘‘2010’’ 

2 in the matter proposed to be struck and insert3 ing ‘‘2011’’; and 

4 (B) in paragraph (2), by striking ‘‘2013’’ 

5 in the matter proposed to be struck and insert6 ing ‘‘2014’’. 

7 (16) Section 1045(c)(1) (125 Stat. 1577) is 

8 amended by striking ‘‘described in subsection (b)’’ 

9 and inserting ‘‘described in paragraph (2)’’. 

10 (17) Section 1067 (125 Stat. 1589) is amend11 ed— 

12 (A) by striking subsection (a); and 

13 (B) by striking the subsection designation 

14 and the subsection heading of subsection (b). 

15 (18) Section 2702 (125 Stat. 1681) is amend16 ed— 

17 (A) in the section heading, by striking 

18 ‘‘AUTHORIZED’’ and inserting ‘‘AUTHORIZA19 TION OF APPROPRIATIONS FOR’’; and 

20 (B) by striking ‘‘Using amounts’’ and all 

21 that follows through ‘‘may carry out’’ and in22 serting ‘‘Funds are hereby authorized to be ap23 propriated for fiscal years beginning after Sep24 tember 30, 2011, for’’. 


smartinez on DSK6TPTVN1PROD with BILLS
617 

HR 4310 RFS

1 (19) Section 2815(c) (125 Stat. 1689) is 

2 amended by inserting ‘‘subchapter III of’’ before 

3 ‘‘chapter 169’’. 

4 (b) AMENDMENTS TO IKE SKELTON NATIONAL DE5 FENSE AUTHORIZATION ACT FOR FISCAL YEAR 2011.— 

6 Effective as of January 7, 2011, and as if included therein 

7 as enacted, the Ike Skelton National Defense Authoriza8 tion Act for Fiscal Year 2011 (Public Law 111–383) is 

9 amended as follows: 

10 (1) Section 533(b) (124 Stat. 4216) is amended 

11 by inserting ‘‘Section’’ before ‘‘1559(a)’’. 

12 (2) Section 863(d)(9) (124 Stat. 4293; 10 

13 U.S.C. 2330 note) is amended by striking ‘‘this 

14 title’’ and inserting ‘‘title 10, United States Code’’. 

15 (3) Section 896(a) (124 Stat. 4314) is amended 

16 by striking ‘‘Chapter 7’’ and inserting ‘‘Chapter 4’’. 

17 (c) AMENDMENTS TO REFLECT REDESIGNATION OF

18 CERTAIN POSITIONS IN OFFICE OF SECRETARY OF DE19 FENSE.— 

20 (1) ASSISTANT SECRETARY OF DEFENSE FOR

21 NUCLEAR, CHEMICAL, AND BIOLOGICAL DEFENSE

22 PROGRAMS.—Section 1605(a)(5) of the National De23 fense Authorization Act for Fiscal Year 1994 (Pub24 lic Law 103–160; 22 U.S.C. 2751 note) is amended 

25 by striking ‘‘The Assistant to the Secretary of DeVerDate Mar 15 2010 01:00 Jun 20, 2012 Jkt 019200 PO 00000 Frm 00617 Fmt 6652 Sfmt 6201 E:\BILLS\H4310.RFS H4310

smartinez on DSK6TPTVN1PROD with BILLS
618 

HR 4310 RFS

1 fense for Nuclear and Chemical and Biological De2 fense Programs’’ each place it appears and inserting 

3 ‘‘The Assistant Secretary of Defense for Nuclear, 

4 Chemical, and Biological Defense Programs’’. 

5 (2) ASSISTANT SECRETARY OF DEFENSE FOR

6 RESEARCH AND ENGINEERING.— 

7 (A) The following provisions are amended 

8 by striking ‘‘Director of Defense Research and 

9 Engineering’’ and inserting ‘‘Assistant Sec10 retary of Defense for Research and Engineer11 ing’’: 

12 (i) Sections 2362(a)(1) and 

13 2521(e)(5) of title 10, United States Code. 

14 (ii) Section 241(c) of the National De15 fense Authorization Act for Fiscal Year 

16 2006 (Public Law 109–163; 10 U.S.C. 

17 2521 note). 

18 (iii) Section 212(b) of the Ronald W. 

19 Reagan National Defense Authorization 

20 Act for Fiscal Year 2005 (Public Law 

21 108–375; 10 U.S.C. 2358 note). 

22 (iv) Section 246(d)(1) of the Bob 

23 Stump National Defense Authorization Act 

24 for Fiscal Year 2003 (Public Law 107– 

25 314; 10 U.S.C. 2358 note). 


smartinez on DSK6TPTVN1PROD with BILLS
619 

HR 4310 RFS

1 (v) Section 257(a) of the National De2 fense Authorization Act for Fiscal Year 

3 1995 (Public Law 103–337; 10 U.S.C. 

4 2358 note). 

5 (vi) Section 1101(b)(1)(D) of the 

6 Strom Thurmond National Defense Au7 thorization Act for Fiscal Year 1999 (Pub8 lic Law 105–261; 5 U.S.C. 3104 note). 

9 (vii) Section 802(g)(1)(B)(ii) of the 

10 Higher Education Opportunity Act (20 

11 U.S.C. 9631(g)(1)(B)(ii)). 

12 (B) Section 2365 of title 10, United States 

13 Code, is amended— 

14 (i) in subsection (a), by inserting ‘‘of 

15 Defense for Research and Engineering’’ 

16 after ‘‘Assistant Secretary’’; and 

17 (ii) in subsection (d)(3)(A), by strik18 ing ‘‘Director’’ and inserting ‘‘Assistant 

19 Secretary’’. 

20 (C) Section 256 of the National Defense 

21 Authorization Act for Fiscal Year 2006 (Public 

22 Law 109–163; 10 U.S.C. 1071 note) is amend23 ed in subsections (b)(4) and (d) by striking 

24 ‘‘Director, Defense’’ and inserting ‘‘Assistant 

25 Secretary of Defense for’’. 


smartinez on DSK6TPTVN1PROD with BILLS
620 

HR 4310 RFS

1 (D) Section 1504 of the Duncan Hunter 

2 National Defense Authorization Act for Fiscal 

3 Year 2009 (Public Law 110–417; 10 U.S.C. 

4 2358 note) is amended— 

5 (i) in subsection (a), by striking ‘‘Di6 rector of Defense’’ and inserting ‘‘Assist7 ant Secretary of Defense for’’; and 

8 (ii) in subsection (b)(9), by striking 

9 ‘‘the Director of the’’ and all that follows 

10 through ‘‘Engineering’’ and inserting ‘‘the 

11 Director and the Assistant Secretary’’. 

12 (E) Section 802 of the National Defense 

13 Authorization Act for Fiscal Year 1994 (Public 

14 Law 103–160; 10 U.S.C. 2358 note) is amend15 ed— 

16 (i) in subsection (a), by striking ‘‘Di17 rector of Defense’’ and inserting ‘‘Assist18 ant Secretary of Defense for’’; 

19 (ii) in subsections (b), (d), and (e), by 

20 striking ‘‘Director’’ and inserting ‘‘Assist21 ant Secretary’’; and 

22 (iii) in subsection (f), by striking ‘‘Not 

23 later than’’ and all that follows through 

24 ‘‘the Director’’ and inserting ‘‘The Assist25 ant Secretary’’. 


smartinez on DSK6TPTVN1PROD with BILLS
621 

HR 4310 RFS

1 (F) Section 214 of the National Defense 

2 Authorization Act for Fiscal Year 2008 (Public 

3 Law 110–181; 10 U.S.C. 2521 note) is amend4 ed by striking ‘‘unless the’’ and all that follows 

5 through ‘‘ensures’’ and inserting ‘‘unless the 

6 Assistant Secretary of Defense for Research 

7 and Engineering ensures’’. 

8 (d) CROSS-REFERENCE AMENDMENTS RELATING TO

9 ENACTMENT OF TITLE 41.—Title 10, United States Code, 

10 is amended as follows: 

11 (1) Section 2302 is amended— 

12 (A) in paragraph (7), by striking ‘‘section 

13 4 of such Act’’ and inserting ‘‘such section’’; 

14 and 

15 (B) in paragraph (9)(A)— 

16 (i) by striking ‘‘section 26 of the Of17 fice of Federal Procurement Policy Act (41 

18 U.S.C. 422)’’ and inserting ‘‘chapter 15 of 

19 title 41’’; and 

20 (ii) by striking ‘‘such section’’ and in21 serting ‘‘such chapter’’. 

22 (2) Section 2306a(b)(3)(B) is amended by 

23 striking ‘‘section 4(12)(C)(i) of the Office of Federal 

24 Procurement Policy Act (41 U.S.C. 403(12)(C)(i))’’ 

25 and inserting ‘‘section 103(3)(A) of title 41’’. 


smartinez on DSK6TPTVN1PROD with BILLS
622 

HR 4310 RFS

1 (3) Section 2321(f)(2) is amended by striking 

2 ‘‘section 35(c) of the Office of Federal Procurement 

3 Policy Act (41 U.S.C. 431(c))’’ and inserting ‘‘sec4 tion 104 of title 41’’. 

5 (4) Section 2359a(h) is amended by striking 

6 ‘‘section 16(c) of the Office of Federal Procurement 

7 Policy Act (41 U.S.C. 414(c))’’ and inserting ‘‘sec8 tion 1702(c) of title 41’’. 

9 (5) Section 2359b(k)(4) is amended— 

10 (A) in subparagraph (A), by striking ‘‘sec11 tion 4 of the Office of Federal Procurement 

12 Policy Act (41 U.S.C. 403)’’ and inserting ‘‘sec13 tion 110 of title 41’’; and 

14 (B) in subparagraph (B), by adding a pe15 riod at the end. 

16 (6) Section 2379 is amended— 

17 (A) in subsections (a)(1)(A), (b)(2)(A), 

18 and (c)(1)(B)(i), by striking ‘‘section 4(12) of 

19 the Office of Federal Procurement Policy Act 

20 (41 U.S.C. 403(12))’’ and inserting ‘‘section 

21 103 of title 41’’; and 

22 (B) in subsections (b) and (c)(1), by strik23 ing ‘‘section 35(c) of the Office of Federal Pro24 curement Policy Act (41 U.S.C. 431(c))’’ and 

25 inserting ‘‘section 104 of title 41’’. 


smartinez on DSK6TPTVN1PROD with BILLS
623 

HR 4310 RFS

1 (7) Section 2382(c) is amended— 

2 (A) in paragraph (2)(B), by striking ‘‘sec3 tions 303H through 303K of the Federal Prop4 erty and Administrative Services Act of 1949 

5 (41 U.S.C. 253h through 253k)’’ and inserting 

6 ‘‘sections 4101, 4103, 4105, and 4106 of title 

7 41’’; and 

8 (B) in paragraph (3)(A), by striking ‘‘sec9 tion 16(c) of the Office of Federal Procurement 

10 Policy Act (41 U.S.C. 414(c))’’ and inserting 

11 ‘‘section 1702(c) of title 41’’. 

12 (8) Section 2410m(b)(1) is amended— 

13 (A) in subparagraph (A)(i), by striking 

14 ‘‘section 7 of such Act’’ and inserting ‘‘section 

15 7104(a) of such title’’; and 

16 (B) in subparagraph (B)(ii), by striking 

17 ‘‘section 7 of the Contract Disputes Act of 

18 1978’’ and inserting ‘‘section 7104(a) of title 

19 41’’. 

20 (9) Section 2533b is amended— 

21 (A) in subsection (h)— 

22 (i) in paragraph (1), by striking ‘‘sec23 tions 34 and 35 of the Office of Federal 

24 Procurement Policy Act (41 U.S.C. 430 


smartinez on DSK6TPTVN1PROD with BILLS
624 

HR 4310 RFS

1 and 431)’’ and inserting ‘‘sections 1906 

2 and 1907 of title 41’’; and 

3 (ii) in paragraph (2), by striking ‘‘sec4 tion 35(c) of the Office of Federal Pro5 curement Policy Act (41 U.S.C. 431(c))’’ 

6 and inserting ‘‘section 104 of title 41’’; 

7 and 

8 (B) in subsection (m)— 

9 (i) in paragraph (2), by striking ‘‘sec10 tion 4 of the Office of Federal Procure11 ment Policy Act (41 U.S.C. 403)’’ and in12 serting ‘‘section 105 of title 41’’; 

13 (ii) in paragraph (3), by striking ‘‘sec14 tion 4 of the Office of Federal Procure15 ment Policy Act (41 U.S.C. 403)’’ and in16 serting ‘‘section 131 of title 41’’; and 

17 (iii) in paragraph (5), by striking 

18 ‘‘section 35(c) of the Office of Federal 

19 Procurement Policy Act (41 U.S.C. 

20 431(c))’’ and inserting ‘‘section 104 of title 

21 41’’. 

22 (e) OTHER CROSS-REFERENCE AMENDMENTS IN

23 TITLE 10.—Title 10, United States Code, is amended as 

24 follows: 

25 (1) Section 1722b(c) is amended— 


smartinez on DSK6TPTVN1PROD with BILLS
625 

HR 4310 RFS

1 (A) in paragraph (3), by striking ‘‘sub2 sections (b)(2)(A) and (b)(2)(B)’’ and inserting 

3 ‘‘subsections (b)(1)(A) and (b)(1)(B)’’; and 

4 (B) in paragraph (4), by striking 

5 ‘‘1734(d), or 1736(c)’’ and inserting ‘‘or 

6 1734(d)’’. 

7 (2) Section 2382(b)(1) is amended by inserting 

8 ‘‘of the Small Business Act (15 U.S.C. 657q(c)(4))’’ 

9 after ‘‘section 44(c)(4)’’; 

10 (3) Section 2548(e)(2) is amended by striking 

11 ‘‘section 103(f) of the Weapon Systems Acquisition 

12 Reform Act of 2009 (10 U.S.C. 2430 note),’’ and in13 serting ‘‘section 2438(f) of this title’’. 

14 (4) Section 2925 is amended— 

15 (A) in subsection (a)(1), by striking ‘‘sec16 tion 533’’ and inserting ‘‘section 553’’; and 

17 (B) in subsection (b)(1), by striking ‘‘sec18 tion 139b’’ and inserting ‘‘section 138c’’. 

19 (f) DATE OF ENACTMENT REFERENCES.—Title 10, 

20 United States Code, is amended as follows: 

21 (1) Section 1564(a)(2)(B) is amended by strik22 ing ‘‘the date of the enactment of the Ike Skelton 

23 National Defense Authorization Act for Fiscal Year 

24 2011’’ in clauses (ii) and (iii) and inserting ‘‘Janu25 ary 7, 2011’’. 


smartinez on DSK6TPTVN1PROD with BILLS
626 

HR 4310 RFS

1 (2) Section 2359b(k)(5) is amended by striking 

2 ‘‘the date that is five years after the date of the en3 actment of this Act’’ and inserting ‘‘January 7, 

4 2016’’. 

5 (3) Section 2649(c) is amended by striking 

6 ‘‘During the 5-year period beginning on the date of 

7 the enactment of the Ike Skelton National Defense 

8 Authorization Act for Fiscal Year 2011’’ and insert9 ing ‘‘Until January 6, 2016’’. 

10 (4) Section 2790(g)(1) is amended by striking 

11 ‘‘on or after the date of the enactment of the Ike 

12 Skelton National Defense Authorization Act for Fis13 cal Year 2011’’ and inserting ‘‘after January 6, 

14 2011,’’. 

15 (5) Sections 3911(b)(2), 6323(a)(2)(B), and 

16 8911(b)(2) are amended by striking ‘‘the date of the 

17 enactment of the Ike Skelton National Defense Au18 thorization Act for Fiscal Year 2011’’ and inserting 

19 ‘‘January 7, 2011,’’. 

20 (6) Section 10217(d)(3) is amended by striking 

21 ‘‘after the end of the 2-year period beginning on the 

22 date of the enactment of this subsection’’ and insert23 ing ‘‘after January 6, 2013’’. 


smartinez on DSK6TPTVN1PROD with BILLS
627 

HR 4310 RFS

1 (g) OTHER MISCELLANEOUS AMENDMENTS TO

2 TITLE 10.—Title 10, United States Code, is amended as 

3 follows: 

4 (1) Section 113(c)(2) is amended by striking 

5 ‘‘on’’ after ‘‘Board on’’. 

6 (2) The table of sections at the beginning of 

7 chapter 4 is amended by striking the item relating 

8 to section 133b. 

9 (3) Paragraph (3) of section 138(c), as added 

10 by section 314(a) of the National Defense Author11 ization Act for Fiscal Year 2012 (Public Law 112– 

12 81; 125 Stat. 1357), is transferred to appear at the 

13 end of section 138c(c). 

14 (4) Section 139a(d)(4) is amended by adding a 

15 period at the end. 

16 (5) Section 139b(a)(6) is amended by striking 

17 ‘‘propriety’’ and inserting ‘‘proprietary’’. 

18 (6) The item relating to section 225 at the end 

19 of the table of sections at the beginning of chapter 

20 9 is transferred to appear after the item relating to 

21 section 224. 

22 (7) Section 843(b)(2)(B)(v) (article 43 of the 

23 Uniform Code of Military Justice) is amended by 

24 striking ‘‘Kidnaping,,’’ and inserting ‘‘Kidnaping,’’ 


smartinez on DSK6TPTVN1PROD with BILLS
628 

HR 4310 RFS

1 (8) Section 920(g)(7) (article 120 of the Uni2 form Code of Military Justice) is amended by strik3 ing the second period at the end. 

4 (9) Section 1086(b)(1) is amended by striking 

5 ‘‘clause (2)’’ and inserting ‘‘paragraph (2)’’. 

6 (10) Section 1142(b)(10) is amended by strik7 ing ‘‘training,,’’ and inserting ‘‘training,’’. 

8 (11) Section 1401(a) is amended by striking 

9 ‘‘columns 1, 2, 3, and 4,’’ in the matter preceding 

10 the table and inserting ‘‘columns 1, 2, and 3,’’. 

11 (12) Section 1781(a) is amended— 

12 (A) in the first sentence, by striking ‘‘Di13 rector’’ and inserting ‘‘Office’’; 

14 (B) in the first sentence, by striking ‘‘here15 inafter’’; and 

16 (C) in the second sentence, by striking ‘‘of17 fice’’ both places it appears and inserting ‘‘Of18 fice’’. 

19 (13) Section 1790 is amended— 

20 (A) by striking the section heading and in21 serting the following: 

22 ‘‘§ 1790. Military personnel citizenship processing’’; 

23 (B) by striking ‘‘AUTHORIZATION OF PAY24 MENTS.—’’; 


smartinez on DSK6TPTVN1PROD with BILLS
629 

HR 4310 RFS

1 (C) by striking ‘‘title 10, United States 

2 Code’’ and inserting ‘‘this title’’; 

3 (D) by striking ‘‘Secs.’’; and 

4 (E) by striking ‘‘sections 286(m) and (n) 

5 of such Act (8 U.S.C. Sec. 1356(m))’’ and in6 serting ‘‘subsections m and (n) of section 286 

7 of such Act (8 U.S.C. 1356).’’. 

8 (14) Section 2006(b)(2) is amended by redesig9 nating the second subparagraph (E) (as added by 

10 section 109(b)(2)(B) of Public Law 111–377 (124 

11 Stat. 4120), effective August 1, 2011) as subpara12 graph (F). 

13 (15) Section 2350m(e) is amended by striking 

14 ‘‘Not later than October 31, 2009, and annually 

15 thereafter’’ and inserting ‘‘Not later than October 

16 31 each year’’. 

17 (16) Section 2401 is amended by striking ‘‘the 

18 Committee on Armed Services and the Committee on 

19 Appropriations of the Senate and the Committee on 

20 Armed Services and the Committee on Appropria21 tions of the House of Representatives’’ in sub22 sections (b)(1)(B) and (h)(1) and inserting ‘‘the con23 gressional defense committees’’. 

24 (17) Section 2438(a)(3) is amended by insert25 ing ‘‘the senior’’ before ‘‘official’s’’. 


smartinez on DSK6TPTVN1PROD with BILLS
630 

HR 4310 RFS

1 (18) Section 2548 is amended— 

2 (A) in subsection (a)— 

3 (i) by striking ‘‘Not later than’’ and 

4 all that follows through ‘‘the Secretary’’ 

5 and inserting ‘‘The Secretary’’; and 

6 (ii) by adding a period at the end of 

7 paragraph (3); 

8 (B) in subsection (d), by striking ‘‘Begin9 ning with fiscal year 2012, the’’ and inserting 

10 ‘‘The’’; and 

11 (C) in subsection (e)(1), by striking ‘‘, 

12 United States Code,’’. 

13 (19) Section 2561(f)(2) is amended by striking 

14 ‘‘Committee on International Relations’’ and insert15 ing ‘‘Committee on Foreign Affairs’’. 

16 (20) Section 2687a is amended— 

17 (A) in subsection (a), by striking ‘‘Foreign 

18 relations’’ and inserting ‘‘Foreign Relations’’; 

19 and 

20 (B) in subsection (b)(1)— 

21 (i) by striking the comma after ‘‘in22 cluding’’; and 

23 (ii) by striking ‘‘The Treaty’’ and in24 serting ‘‘the Treaty’’. 

25 (21) Section 4342 is amended— 


smartinez on DSK6TPTVN1PROD with BILLS
631 

HR 4310 RFS

1 (A) in subsection (b)— 

2 (i) in paragraph (1), by striking 

3 ‘‘clause’’ both places it appears and insert4 ing ‘‘paragraph’’; and 

5 (ii) in paragraph (5), by striking 

6 ‘‘clauses’’ and inserting ‘‘paragraphs’’; 

7 (B) in subsection (d), by striking ‘‘clauses’’ 

8 and inserting ‘‘paragraphs’’; and 

9 (C) in subsection (f), by striking ‘‘clauses’’ 

10 and inserting ‘‘paragraphs’’. 

11 (22) Section 4343 is amended by striking 

12 ‘‘clauses’’ and inserting ‘‘paragraphs’’. 

13 (23) Section 6954 is amended— 

14 (A) in subsection (b)— 

15 (i) in paragraph (1), by striking 

16 ‘‘clause’’ both places it appears and insert17 ing ‘‘paragraph’’; and 

18 (ii) in paragraph (5), by striking 

19 ‘‘clauses’’ and inserting ‘‘paragraphs’’; and 

20 (B) in subsection (d), by striking ‘‘clauses’’ 

21 and inserting ‘‘paragraphs’’. 

22 (24) Section 6956(b) is amended by striking 

23 ‘‘clauses’’ and inserting ‘‘paragraphs’’. 

24 (25) Section 9342 is amended— 

25 (A) in subsection (b)— 


smartinez on DSK6TPTVN1PROD with BILLS
632 

HR 4310 RFS

1 (i) in paragraph (1), by striking 

2 ‘‘clause’’ both places it appears and insert3 ing ‘‘paragraph’’; and 

4 (ii) in paragraph (5), by striking 

5 ‘‘clauses’’ and inserting ‘‘paragraphs’’; 

6 (B) in subsection (d), by striking ‘‘clauses’’ 

7 and inserting ‘‘paragraphs’’; and 

8 (C) in subsection (f), by striking ‘‘clauses’’ 

9 and inserting ‘‘paragraphs’’. 

10 (26) Section 9343 is amended by striking 

11 ‘‘clauses’’ and inserting ‘‘paragraphs’’. 

12 (27) Section 10217(c)(3) is amended by strik13 ing ‘‘consider’’ and inserting ‘‘considered’’. 

14 (h) REPEAL OF EXPIRED PROVISIONS.—Title 10, 

15 United States Code, is amended as follows: 

16 (1) Section 1108 is amended— 

17 (A) by striking subsections (j) and (k); and 

18 (B) by redesignating subsection (l) as sub19 section (j). 

20 (2) Section 2325 is amended by striking sub21 section (b) and redesignating subsection (c) as sub22 section (b). 

23 (3) Section 2349a is repealed, and the table of 

24 sections at the beginning of subchapter I of chapter 


smartinez on DSK6TPTVN1PROD with BILLS
633 

HR 4310 RFS

1 138 is amended by striking the item relating to that 

2 section. 

3 (4) Section 2374b is repealed, and the table of 

4 sections at the beginning of chapter 139 is amended 

5 by striking the item relating to that section. 

6 (i) AMENDMENTS TO TITLE 37.—Title 37, United 

7 States Code, is amended as follows: 

8 (1) Section 310(c)(1) is amended by striking 

9 ‘‘section for for’’ and inserting ‘‘section for’’. 

10 (2) Section 431, as transferred to chapter 9 of 

11 such title by section 631(d)(2) of the National De12 fense Authorization Act for Fiscal Year 2012 (Pub13 lic Law 112–81; 125 Stat. 1460), is redesignated as 

14 section 491. 

15 (j) AMENDMENTS TO TITLE 41.—Title 41, United 

16 States Code, is amended as follows: 

17 (1) Section 1122(a)(5) is amended by striking 

18 the period at the end and inserting a semicolon. 

19 (2) Section 1703(i)(6) is amended by striking 

20 ‘‘Procurememt’’ and inserting ‘‘Procurement’’. 

21 (k) AMENDMENT TO TITLE 46.—Subsection (a) of 

22 section 51301 of title 46, United States Code, is amended 

23 in the heading by striking ‘‘IN GENERAL’’ and inserting 

24 ‘‘IN GENERAL’’. 


smartinez on DSK6TPTVN1PROD with BILLS
634 

HR 4310 RFS

1 (l) DUPLICATIVE PROVISION IN ARMED FORCES RE2 TIREMENT HOME ACT OF 1991.—Section 1511(d) of the 

3 Armed Forces Retirement Home Act of 1991 (24 U.S.C. 

4 411(d)) is amended by striking the first paragraph (3), 

5 leaving the second paragraph (3) added by section 561 

6 of Public Law 112–81 (125 Stat. 1420). 

7 (m) CROSS REFERENCES AND DATE OF ENACTMENT

8 REFERENCES IN REINSTATEMENT OF TEMPORARY EARLY

9 RETIREMENT AUTHORITY.—Section 4403 of the National 

10 Defense Authorization Act for Fiscal Year 1993 (Public 

11 Law 102–484; 10 U.S.C. 1293 note), as amended by sec12 tion 504(b) of the National Defense Authorization Act for 

13 Fiscal Year 2012 (Public Law 112–81; 125 Stat. 1391), 

14 is amended— 

15 (1) in subsection (c)(2)— 

16 (A) in subparagraph (A), by striking 

17 ‘‘1995 (’’ and inserting ‘‘1995 (Public Law 

18 103–337;’’; and 

19 (B) in subparagraph (B), by striking 

20 ‘‘1995’’ and inserting ‘‘1996’’; 

21 (2) in subsection (h), by striking ‘‘the date of 

22 the enactment of the National Defense Authoriza23 tion Act for Fiscal Year 2012’’ and inserting ‘‘De24 cember 31, 2011,’’; and 


smartinez on DSK6TPTVN1PROD with BILLS
635 

HR 4310 RFS

1 (3) in subsection (i)(2), by striking ‘‘the date of 

2 the enactment of the National Defense Authoriza3 tion Act for Fiscal Year 2012’’ and inserting ‘‘De4 cember 31, 2011,’’. 

5 (n) COORDINATION WITH OTHER AMENDMENTS

6 MADE BY THIS ACT.—For purposes of applying amend7 ments made by provisions of this Act other than this sec8 tion, the amendments made by this section shall be treated 

9 as having been enacted immediately before any amend10 ment made by other provisions of this Act. 

11 SEC. 1084. PROHIBITION ON USE OF INFORMATION 

12 AGAINST A UNITED STATES CITIZEN GATH13 ERED BY UNMANNED AERIAL VEHICLE WITH14 OUT A WARRANT. 

15 Notwithstanding any other provision of law, informa16 tion acquired by an unmanned aerial vehicle operated by 

17 the Department of Defense may not be admitted in a Fed18 eral court, State court, or court of a political subdivision 

19 of a State as evidence against a United States citizen un20 less such information was obtained by such unmanned aer21 ial vehicle pursuant to a court order. 

22 SEC. 1085. THE HOUSE OF REPRESENTATIVES HONORS. 

23 (a) FINDINGS.—The House of Representatives finds 

24 the following: 


smartinez on DSK6TPTVN1PROD with BILLS
636 

HR 4310 RFS

1 (1) The spread of warfare across Europe and 

2 Asia led to the establishment on May 20, 1941, of 

3 the United States Office of Civilian Defense by Ex4 ecutive Order No. 8757 of President Franklin D. 

5 Roosevelt, to ‘‘assure effective coordination of Fed6 eral relations with State and local governments en7 gaged in defense activities, to provide for necessary 

8 cooperation with States and local governments in re9 spect to measures for adequate protection of the ci10 vilian population in emergency periods, to facilitate 

11 constructive civilian participation in the defense pro12 gram, and to sustain national morale’’. 

13 (2) The December 7, 1941, attack by the Em14 pire of Japan on Pearl Harbor, Hawaii, precipitated 

15 the entry of the United States into the worldwide 

16 conflict and signaled a new era of warfare that de17 manded new efforts to protect the people of the 

18 United States from airborne assault by an overseas 

19 enemy. 

20 (3) In response to this new threat, the United 

21 States Office of Civilian Defense mobilized millions 

22 of volunteers to participate in efforts to enhance the 

23 preparedness of the United States in case of attack, 

24 including fire protection, communication and logisVerDate Mar 15 2010 01:00 Jun 20, 2012 Jkt 019200 PO 00000 Frm 00636 Fmt 6652 Sfmt 6201 E:\BILLS\H4310.RFS H4310

smartinez on DSK6TPTVN1PROD with BILLS
637 

HR 4310 RFS

1 tics, construction of bomb shelters, and air raid 

2 blackout drills. 

3 (4) Thousands of Americans unable to serve in 

4 the United States Armed Forces volunteered their 

5 service as Air Raid Wardens in communities across 

6 the United States during World War II, contributing 

7 to America’s defense against potential enemy assault 

8 and the ultimate victory of the Allied nation. 

9 (5) A training manual distributed to Air Raid 

10 Wardens during World War II noted that ‘‘In the 

11 system of civilian defense, the Air Raid Warden oc12 cupies the key position. He is the field officer under 

13 whose supervision the efforts of the civilian popu14 lation are directed in the tremendous task of effec15 tive defense. Through the Air Raid Wardens, civilian 

16 activity is coordinated with that of the police and 

17 fire departments and other vital services.’’. 

18 (6) Training manuals distributed to Air Raid 

19 Wardens included ‘‘I am an Air Raid Warden’’, by 

20 Frank W. Atherton, Chief Air Raid Warden, 1st 

21 District, United States Citizens’ Defense Corps of 

22 Michigan, which read, in part that ‘‘I am an Air 

23 Raid Warden. My country, my state and my commu24 nity have given me many pleasant and fruitful years 

25 and now in time of trouble I feel that it is my duty 


smartinez on DSK6TPTVN1PROD with BILLS
638 

HR 4310 RFS

1 to do my part in the work assigned to me in helping 

2 to reduce to a minimum any harm that may come 

3 from without or within.’’. 

4 (7) Tony Pastor and His Orchestra released a 

5 song in 1942, titled ‘‘Obey Your Air Raid Warden’’, 

6 which was widely distributed as a public service an7 nouncement and contained the following lyrics: 

8 ‘‘One, be calm. Two, get under shelter. Three, don’t 

9 run. Obey your air-raid warden. Four, stay home. 

10 Five, keep off the highway. Six, don’t phone. Obey 

11 your air-raid warden. There are rules that you 

12 should know, What to do and where to go, When 

13 you hear the sirens blow, Stop, look, and listen. 

14 Seven, don’t smoke. Eight, help all the kiddies. Most 

15 of all, obey your air-raid warden. Stop, look, and lis16 ten. Dim the lights, Wait for information, Most of 

17 all, obey your air-raid warden. Stop the panic, Don’t 

18 get in a huff, Our aim today is to call their bluff. 

19 Follow these rules and that is enough. Obey your 

20 air-raid warden.’’. 

21 (b) THE HOUSE OF REPRESENTATIVES HONORS.— 

22 The House of Representatives encourages surviving Air 

23 Raid Wardens and other volunteers of the United States 

24 Office of Civilian Defense during the World War II to 


smartinez on DSK6TPTVN1PROD with BILLS
639 

HR 4310 RFS

1 record and permanently preserve stories of their service 

2 for future generations. 

3 SEC. 1086. COST OF WARS. 

4 The Secretary of Defense, in consultation with the 

5 Commissioner of the Internal Revenue Service and the Di6 rector of the Bureau of Economic Analysis, shall post on 

7 the public Web site of the Department of Defense the 

8 costs, including the relevant legacy costs, to each Amer9 ican taxpayer of each of the wars in Afghanistan and Iraq. 

10 SEC. 1087. INCREASE IN AUTHORIZED NUMBER OF WEAP11 ONS OF MASS DESTRUCTION CIVIL SUPPORT 

12 TEAMS. 

13 (a) IN GENERAL.—Section 1403(a) of the Bob 

14 Stump National Defense Authorization Act for Fiscal 

15 Year 2003 (Public Law 107–314; 116 Stat. 2676; 10 

16 U.S.C. 12310 note) is amended— 

17 (1) in paragraph (1), by striking ‘‘23’’ and in18 serting ‘‘a minimum of 25’’; and 

19 (2) by striking ‘‘55 teams’’ each place it ap20 pears and inserting ‘‘57 teams’’. 

21 (b) FUNDING.— 

22 (1) INCREASE.—Notwithstanding the amounts 

23 set forth in the funding tables in division D, the 

24 amount authorized to be appropriated in section 301 

25 for operation and maintenance, Army, as specified in 


smartinez on DSK6TPTVN1PROD with BILLS
640 

HR 4310 RFS

1 the corresponding funding table in section 4301, for 

2 Line 070, Force Readiness Operations Support is 

3 hereby increased by $5,000,000. 

4 (2) OFFSET.—Notwithstanding the amounts set 

5 forth in the funding tables in division D, the amount 

6 authorized to be appropriated in section 201 for re7 search, development, test, and evaluation, Defense8 wide, as specified in the corresponding funding table 

9 in division D, is hereby reduced by $5,000,000, to 

10 be derived from Line 036, Program Element 

11 0603384BP, Chemical and Biological Defense Pro12 gram. 

13 SEC. 1088. TRIAL OF FOREIGN TERRORISTS. 

14 After the date of the enactment of this Act, any for15 eign national, who— 

16 (1) engages or has engaged in conduct consti17 tuting an offense relating to a terrorist attack 

18 against persons or property in the United States or 

19 against any United States Government property or 

20 personnel outside the United States, and 

21 (2) is subject to trial for that offense by a mili22 tary commission under chapter 47A of title 10, 

23 United States Code, 

24 shall be tried for that offense only by a military commis25 sion under that chapter. 


smartinez on DSK6TPTVN1PROD with BILLS
641 

HR 4310 RFS

1 SEC. 1089. RIALTO-COLTON BASIN, CALIFORNIA, WATER RE2 SOURCES STUDY. 

3 (a) IN GENERAL.—Not later than 2 years after funds 

4 are made available to carry out this Act, the Secretary 

5 of the Interior, acting through the Director of the United 

6 States Geological Survey, shall complete a study of water 

7 resources in the Rialto-Colton Basin in the State of Cali8 fornia (in this section referred to as the ‘‘Basin’’), includ9 ing— 

10 (1) a survey of ground water resources in the 

11 Basin, including an analysis of— 

12 (A) the delineation, either horizontally or 

13 vertically, of the aquifers in the Basin, includ14 ing the quantity of water in the aquifers; 

15 (B) the availability of ground water re16 sources for human use; 

17 (C) the salinity of ground water resources; 

18 (D) the identification of a recent surge in 

19 perchlorate concentrations in ground water, 

20 whether significant sources are being flushed 

21 through the vadose zone, or if perchlorate is 

22 being remobilized; 

23 (E) the identification of impacts and 

24 extents of all source areas that contribute to 

25 the regional plume to be fully characterized; 


smartinez on DSK6TPTVN1PROD with BILLS
642 

HR 4310 RFS

1 (F) the potential of the ground water re2 sources to recharge; 

3 (G) the interaction between ground water 

4 and surface water; 

5 (H) the susceptibility of the aquifers to 

6 contamination, including identifying the extent 

7 of commingling of plume emanating within sur8 rounding areas in San Bernardino County, 

9 California; and 

10 (I) any other relevant criteria; and 

11 (2) a characterization of surface and bedrock 

12 geology of the Basin, including the effect of the geol13 ogy on ground water yield and quality. 

14 (b) COORDINATION.—The Secretary shall carry out 

15 the study in coordination with the State of California and 

16 any other entities that the Secretary determines to be ap17 propriate, including other Federal agencies and institu18 tions of higher education. 

19 (c) REPORT.—Upon completion of the study, the Sec20 retary shall submit to the Committee on Energy and Nat21 ural Resources of the Senate and the Committee on Nat22 ural Resources of the House of Representatives a report 

23 that describes the results of the study. 


smartinez on DSK6TPTVN1PROD with BILLS
643 

HR 4310 RFS

1 SEC. 1090. REPORT ON DESIGNATION OF BOKO HARAM AS 

2 A FOREIGN TERRORIST ORGANIZATION. 

3 (a) REPORT.— 

4 (1) IN GENERAL.—Not later than 30 days after 

5 the date of the enactment of this section, the Sec6 retary of State shall submit to the appropriate con7 gressional committees— 

8 (A) a detailed report on whether the Nige9 rian organization named ‘‘People Committed to 

10 the Propagation of the Prophet’s Teachings and 

11 Jihad’’ (commonly known as ‘‘Boko Haram’’), 

12 meets the criteria for designation as a foreign 

13 terrorist organization under section 219 of the 

14 Immigration and Nationality Act (8 U.S.C. 

15 1189); and 

16 (B) if the Secretary of State determines 

17 that Boko Haram does not meet such criteria, 

18 a detailed justification as to which criteria have 

19 not been met. 

20 (2) FORM.—The report required by paragraph 

21 (1) shall be submitted in unclassified form, but may 

22 include a classified annex if appropriate. 

23 (3) APPROPRIATE CONGRESSIONAL COMMIT24 TEES DEFINED.—In this subsection, the term ‘‘ap25 propriate congressional committees’’ means— 


smartinez on DSK6TPTVN1PROD with BILLS
644 

HR 4310 RFS

1 (A) the Committee on Homeland Security, 

2 the Committee on Armed Services, the Com3 mittee on Foreign Affairs, and the Permanent 

4 Select Committee on Intelligence of the House 

5 of Representatives; and 

6 (B) the Committee on Homeland Security 

7 and Governmental Affairs, the Committee on 

8 Armed Services, the Committee on Foreign Re9 lations, and the Select Committee on Intel10 ligence of the Senate. 

11 (b) RULE OF CONSTRUCTION.—Nothing in this sec12 tion may be construed to infringe upon the sovereignty 

13 of Nigeria to combat militant or terrorist groups operating 

14 inside the boundaries of Nigeria. 

15 SEC. 1091. SENSE OF CONGRESS ON RECOGNIZING AIR MO16 BILITY COMMAND ON ITS 20TH ANNIVER17 SARY. 

18 (a) FINDINGS.—Congress finds the following: 

19 (1) On June 1, 1992, Air Mobility Command 

20 was established as the Air Force’s functional com21 mand for cargo and passenger delivery, air refueling, 

22 and aeromedical evacuation. 

23 (2) As the lead Major Command for all Mobility 

24 Air Forces, Air Mobility Command ensures that the 


smartinez on DSK6TPTVN1PROD with BILLS
645 

HR 4310 RFS

1 Air Force’s core functions of global vigilance, power, 

2 and reach are fulfilled. 

3 (3) The ability of the United States to rapidly 

4 respond to humanitarian disasters and the outbreak 

5 of hostilities anywhere in the world truly defines the 

6 United States as a global power. 

7 (4) Mobility Air Forces Airmen are unified by 

8 one single purpose: to answer the call of others so 

9 they may prevail. 

10 (5) The United States’ hand of friendship to 

11 the world many times takes the form of Mobility Air 

12 Forces aircraft delivering humanitarian relief. Since 

13 its inception, Air Mobility Command has provided 

14 forces for 43 humanitarian relief efforts at home 

15 and abroad, from New Orleans, Louisiana, to Bam, 

16 Iran. 

17 (6) A Mobility Air Forces aircraft departs every 

18 2 minutes, 365 days a year. Since September 11, 

19 2001, Mobility Air Forces aircraft have flown 18.9 

20 million passengers, 6.8 million tons of cargo, and 

21 offloaded 2.2 billion pounds of fuel. Many of these 

22 flights have assisted combat aircraft protection 

23 United States forces from overhead. 

24 (7) The United States keeps its solemn promise 

25 to its men and women in uniform with Air Mobility 


smartinez on DSK6TPTVN1PROD with BILLS
646 

HR 4310 RFS

1 Command, accomplishing 186,940 patient move2 ments since the beginning of Operation Iraqi Free3 dom. 

4 (8) Mobility Air Forces Airmen reflect the best 

5 values of the Nation: delivering hope, saving lives, 

6 and fueling the fight. 

7 (b) SENSE OF CONGRESS.—It is the sense of Con8 gress that, on the occasion of the 20th anniversary of the 

9 establishment of Air Mobility Command, the people of the 

10 United States should— 

11 (1) recognize the critical role that Mobility Air 

12 Forces play in the Nation’s defense; and 

13 (2) express appreciation for the leadership of 

14 Air Mobility Command and the more than 134,000 

15 active-duty, Air National Guard, Air Force Reserve, 

16 and Department of Defense civilians that make up 

17 the command. 

18 SEC. 1092. CONSOLIDATION OF DATA CENTERS. 

19 Section 2867 of the National Defense Authorization 

20 Act for Fiscal Year 2012 (10 U.S.C. 2223a note) is 

21 amended— 

22 (1) in subsection (b)(2)— 

23 (A) in subparagraph (A), by inserting after 

24 ‘‘April 1, 2012,’’ the following: ‘‘and each year 

25 thereafter,’’; and 


smartinez on DSK6TPTVN1PROD with BILLS
647 

HR 4310 RFS

1 (B) by adding at the end the following new 

2 paragraph: 

3 ‘‘(C) ADDITIONAL ELEMENT.—The per4 formance plan required under this paragraph, 

5 with respect to plans submitted after the date 

6 of the enactment of the National Defense Au7 thorization Act for Fiscal Year 2013, shall be 

8 consistent with the July 2011 Government Ac9 countability Office report to Congress, entitled 

10 ‘Data Center Consolidation Agencies Need to 

11 Complete Inventories and Plans to Achieve Ex12 pected Savings’ (GAO–11–565), as updated by 

13 quarterly consolidation progress reports sub14 mitted by the Department of Defense to the Of15 fice of Management and Budget’’; and 

16 (2) in subsection (d)(1), by adding at the end 

17 the following: ‘‘Beginning after the date of the en18 actment of the National Defense Authorization Act 

19 for Fiscal Year 2013, such report shall include 

20 progress updates on consolidation goals achieved 

21 during the preceding fiscal year consistent with the 

22 framework outlined by the July 2011 Government 

23 Accountability Office report to Congress, entitled 

24 ‘Data Center Consolidation Agencies Need to Com25 plete Inventories and Plans to Achieve Expected 


smartinez on DSK6TPTVN1PROD with BILLS
648 

HR 4310 RFS

1 Savings’ (GAO–11–565), as updated by quarterly 

2 consolidation progress reports submitted by the De3 partment of Defense to the Office of Management 

4 and Budget.’’. 

5 SEC. 1093. SENSE OF CONGRESS REGARDING PRESERVA6 TION OF SECOND AMENDMENT RIGHTS OF 

7 ACTIVE DUTY MILITARY PERSONNEL STA8 TIONED OR RESIDING IN THE DISTRICT OF 

9 COLUMBIA. 

10 (a) FINDINGS.—Congress finds the following: 

11 (1) The Second Amendment to the United 

12 States Constitution provides that the right of the 

13 people to keep and bear arms shall not be infringed. 

14 (2) Approximately 40,000 servicemen and 

15 women across all branches of the Armed Forces ei16 ther live in or are stationed on active duty within the 

17 Washington, DC metropolitan area. Unless these in18 dividuals are granted a waiver as serving in a law 

19 enforcement role, they are subject to the District of 

20 Columbia’s onerous and highly restrictive laws on 

21 the possession of firearms. 

22 (3) Military personnel, despite being extensively 

23 trained in the proper and safe use of firearms, are 

24 therefore deprived by the laws of the District of Co25 lumbia of handguns, rifles, and shotguns that are 


smartinez on DSK6TPTVN1PROD with BILLS
649 

HR 4310 RFS

1 commonly kept by law-abiding persons throughout 

2 the United States for sporting use and for lawful de3 fense of their persons, homes, businesses, and fami4 lies. 

5 (4) The District of Columbia has one of the 

6 highest per capita murder rates in the Nation, which 

7 may be attributed in part to previous local laws pro8 hibiting possession of firearms by law-abiding per9 sons who would have otherwise been able to defend 

10 themselves and their loved ones in their own homes 

11 and businesses. 

12 (5) The Gun Control Act of 1968, as amended 

13 by the Firearms Owners’ Protection Act, and the 

14 Brady Handgun Violence Prevention Act, provide 

15 comprehensive Federal regulations applicable in the 

16 District of Columbia as elsewhere. In addition, exist17 ing District of Columbia criminal laws punish pos18 session and illegal use of firearms by violent crimi19 nals and felons. Consequently, there is no need for 

20 local laws that only affect and disarm law-abiding 

21 citizens. 

22 (6) On June 26, 2008, the Supreme Court of 

23 the United States in the case of District of Columbia 

24 v. Heller held that the Second Amendment protects 

25 an individual’s right to possess a firearm for tradiVerDate Mar 15 2010 01:00 Jun 20, 2012 Jkt 019200 PO 00000 Frm 00649 Fmt 6652 Sfmt 6201 E:\BILLS\H4310.RFS H4310

smartinez on DSK6TPTVN1PROD with BILLS
650 

HR 4310 RFS

1 tionally lawful purposes, and thus ruled that the 

2 District of Columbia’s handgun ban and require3 ments that rifles and shotguns in the home be kept 

4 unloaded and disassembled or outfitted with a trig5 ger lock to be unconstitutional. 

6 (7) On July 16, 2008, the District of Columbia 

7 enacted the Firearms Control Emergency Amend8 ment Act of 2008 (D.C. Act 17–422; 55 DCR 

9 8237), which places onerous restrictions on the abil10 ity of law-abiding citizens from possessing firearms, 

11 thus violating the spirit by which the Supreme Court 

12 of the United States ruled in District of Columbia 

13 v. Heller. 

14 (8) On February 26, 2009, the United States 

15 Senate adopted an amendment on a bipartisan vote 

16 of 62-36 by Senator John Ensign to S. 160, the 

17 District of Columbia House Voting Rights Act of 

18 2009, which would fully restore Second Amendment 

19 rights to the citizens of the District of Columbia. 

20 (b) SENSE OF CONGRESS.—It is the sense of Con21 gress that active duty military personnel who are stationed 

22 or residing in the District of Columbia should be permitted 

23 to exercise fully their rights under the Second Amendment 

24 to the Constitution of the United States and therefore 


smartinez on DSK6TPTVN1PROD with BILLS
651 

HR 4310 RFS

1 should be exempt from the District of Columbia’s restric2 tions on the possession of firearms. 

3 SEC. 1094. CONDITIONAL REPLACEMENT FOR FY 2013 SE4 QUESTER. 

5 (a) CONTINGENT EFFECTIVE DATE.—This section 

6 and the amendments made by it shall take effect upon 

7 the enactment of— 

8 (1) the Act contemplated in section 201 of H. 

9 Con. Res. 112 (112th Congress) that achieves at 

10 least the deficit reduction called for in such section 

11 for such periods; or 

12 (2) similar legislation that at least offsets the 

13 outlay reductions flowing from the budget authority 

14 reductions mandated by section 251A(7)(A) and 

15 251A(8) as it applies to direct spending in the de16 fense function for fiscal year 2013 of the Balanced 

17 Budget and Emergency Deficit Control Act of 1985, 

18 as in force immediately before the date of enactment 

19 of this Act, combined with the outlay reductions 

20 flowing from the amendment to section 

21 251A(7)(A)(i) of the Balanced Budget and Emer22 gency Deficit Control Act of 1985 made by sub23 section (c), within five years of enactment. 

24 (b) REVISED 2013 DISCRETIONARY SPENDING

25 LIMIT.—Paragraph (2) of section 251(c) of the Balanced 


smartinez on DSK6TPTVN1PROD with BILLS
652 

HR 4310 RFS

1 Budget and Emergency Deficit Control Act of 1985 is 

2 amended to read as follows: 

3 ‘‘(2) with respect to fiscal year 2013, for the 

4 discretionary category, $1,047,000,000,000 in new 

5 budget authority;’’. 

6 (c) DISCRETIONARY SAVINGS.—Section 251A(7)(A) 

7 of the Balanced Budget and Emergency Deficit Control 

8 Act of 1985 is amended to read as follows: 

9 ‘‘(A) FISCAL YEAR 2013.— 

10 ‘‘(i) FISCAL YEAR 2013 ADJUST11 MENT.—On January 2, 2013, the discre12 tionary category set forth in section 

13 251(c)(2) shall be decreased by 

14 $19,104,000,000 in budget authority. 

15 ‘‘(ii) SUPPLEMENTAL SEQUESTRATION

16 ORDER.—On January 15, 2013, OMB 

17 shall issue a supplemental sequestration 

18 report for fiscal year 2013 and take the 

19 form of a final sequestration report as set 

20 forth in section 254(f)(2) and using the 

21 procedures set forth in section 253(f), to 

22 eliminate any discretionary spending 

23 breach of the spending limit set forth in 

24 section 251(c)(2) as adjusted by clause (i), 


smartinez on DSK6TPTVN1PROD with BILLS
653 

HR 4310 RFS

1 and the President shall order a sequestra2 tion, if any, as required by such report.’’. 

3 (d) ELIMINATION OF THE FISCAL YEAR 2013 SE4 QUESTRATION FOR DEFENSE DIRECT SPENDING.—Any 

5 sequestration order issued by the President under the Bal6 anced Budget and Emergency Deficit Control Act of 1985 

7 to carry out reductions to direct spending for the defense 

8 function (050) for fiscal year 2013 pursuant to section 

9 251A of such Act shall have no force or effect. 

10 (e) REPORT.— 

11 (1) IN GENERAL.—Not later than August 15, 

12 2012, the Secretary of Defense shall submit to the 

13 Committees on Armed Services of the House of Rep14 resentatives and the Senate a detailed report on the 

15 impact of the sequestration of funds authorized and 

16 appropriated for Fiscal Year 2013 for the Depart17 ment of Defense, if automatically triggered on Janu18 ary 2, 2013, as required by section 251A of the Bal19 anced Budget and Emergency Deficit Control Act of 

20 1985 (2 U.S.C. 901a), as in effect immediately be21 fore the date of enactment of this Act. 

22 (2) CONTENTS OF REPORT.—The report re23 quired by this section shall include— 

24 (A) an assessment of the potential impact 

25 of sequestration on the readiness of the Armed 


smartinez on DSK6TPTVN1PROD with BILLS
654 

HR 4310 RFS

1 Forces, including impacts to steaming hours, 

2 flying hours, full spectrum training miles, and 

3 all other readiness metrics; 

4 (B) an assessment of the impact on ability 

5 of the Department of Defense to carry out the 

6 National Military Strategy of the United States 

7 and any changes to the most recent Chairman’s 

8 Risk Assessment required by section 153 of 

9 title 10, United States Code; 

10 (C) a listing of the programs, projects, and 

11 activities across the military departments and 

12 components that would be reduced or termi13 nated as a result of automatically triggered 

14 cuts; 

15 (D) an estimate of the number and value 

16 of all contracts that will be terminated, restruc17 tured, or rescoped due to sequestration, includ18 ing an estimate of potential termination costs 

19 and increased contracts costs due to renegoti20 ation and reinstatement of the contract; and 

21 (E) an estimate of the number of civilian, 

22 contract, and uniformed personnel whose em23 ployment would be terminated due to sequestra24 tion, including the estimated cost to the De25 partment of executing such a drawdown. 


smartinez on DSK6TPTVN1PROD with BILLS
655 

HR 4310 RFS

1 SEC. 1095. REPORT ON DEFENSE FORENSIC DATA. 

2 (a) REQUIREMENT.—The Director of the Defense 

3 Forensic Office within the Office of the Undersecretary 

4 of Defense for Acquisition, Technology, and Logistics may 

5 evaluate opportunities to increase the matching success 

6 rate when forensic data is collected during site exploitation 

7 to match forensic data stored in DNA databases. Among 

8 other items, the Defense Forensic Office may evaluate op9 portunities to assist other countries with moving forward 

10 with DNA database programs that require a defined cat11 egory of criminal offender to submit DNA to a foreign 

12 country’s national DNA database. 

13 (b) REPORT.—The Defense Forensic Office shall sub14 mit to the congressional defense committees a report con15 taining its findings and solutions no later than 120 days 

16 after the date of the enactment of this Act. 

17 SEC. 1096. DISPLAY OF STATE, DISTRICT OF COLUMBIA, 

18 AND TERRITORIAL FLAGS BY ARMED 

19 FORCES. 

20 Section 2249b of title 10, United States Code, is 

21 amended— 

22 (1) by adding at the end the following new sub23 section: 

24 ‘‘(c) DISPLAY OF DISTRICT OF COLUMBIA AND TER25 RITORIAL FLAGS BY ARMED FORCES.—The Secretary of 

26 Defense shall ensure that whenever the official flags of 


smartinez on DSK6TPTVN1PROD with BILLS
656 

HR 4310 RFS

1 all 50 States are displayed by the armed forces, such dis2 play shall include the flags of the District of Columbia, 

3 Commonwealth of Puerto Rico, United States Virgin Is4 lands, Guam, American Samoa, and Commonwealth of the 

5 Northern Mariana Islands.’’; and 

6 (2) in the section heading, by striking the colon 

7 and all that follows. 

8 SEC. 1097. DISSEMINATION ABROAD OF INFORMATION 

9 ABOUT THE UNITED STATES. 

10 (a) UNITED STATES INFORMATION AND EDU11 CATIONAL EXCHANGE ACT OF 1948.—Section 501 of the 

12 United States Information and Educational Exchange Act 

13 of 1948 (22 U.S.C. 1461) is amended to read as follows: 

14 ‘‘GENERAL AUTHORIZATION

15 ‘‘SEC. 501. (a) The Secretary and the Broadcasting 

16 Board of Governors are authorized to use funds appro17 priated or otherwise made available for public diplomacy 

18 information programs to provide for the preparation, dis19 semination, and use of information intended for foreign 

20 audiences abroad about the United States, its people, and 

21 its policies, through press, publications, radio, motion pic22 tures, the Internet, and other information media, includ23 ing social media, and through information centers, in24 structors, and other direct or indirect means of commu25 nication. 


smartinez on DSK6TPTVN1PROD with BILLS
657 

HR 4310 RFS

1 ‘‘(b)(1) Except as provided in paragraph (2), the Sec2 retary and the Broadcasting Board of Governors may, 

3 upon request and reimbursement of the reasonable costs 

4 incurred in fulfilling such a request, make available, in the 

5 United States, motion pictures, films, video, audio, and 

6 other materials prepared for dissemination abroad or dis7 seminated abroad pursuant to this Act, the United States 

8 International Broadcasting Act of 1994 (22 U.S.C. 6201 

9 et seq.), the Radio Broadcasting to Cuba Act (22 U.S.C. 

10 1465 et seq.), or the Television Broadcasting to Cuba Act 

11 (22 U.S.C. 1465aa et seq.). The Secretary and the Broad12 casting Board of Governors shall issue necessary regula13 tions— 

14 ‘‘(A) to establish procedures to maintain such 

15 material; 

16 ‘‘(B) for reimbursement of the reasonable costs 

17 incurred in fulfilling requests for such material; and 

18 ‘‘(C) to ensure that the persons seeking release 

19 of such material have secured and paid for necessary 

20 United States rights and licenses. 

21 ‘‘(2) With respect to material prepared for dissemina22 tion abroad or disseminated abroad before the effective 

23 date of the Smith-Mundt Modernization Act of 2012— 

24 ‘‘(A) the Secretary and the Broadcasting Board 

25 of Governors shall make available to the Archivist of 


smartinez on DSK6TPTVN1PROD with BILLS
658 

HR 4310 RFS

1 the United States, for domestic distribution, motion 

2 pictures, films, videotapes, and other material 12 

3 years after the initial dissemination of the material 

4 abroad; and 

5 ‘‘(B) the Archivist shall be the official custodian 

6 of the material and shall issue necessary regulations 

7 to ensure that persons seeking its release in the 

8 United States have secured and paid for necessary 

9 United States rights and licenses and that all costs 

10 associated with the provision of the material by the 

11 Archivist shall be paid by the persons seeking its re12 lease, in accordance with paragraph (3). 

13 ‘‘(3) The Archivist may charge fees to recover the 

14 costs described in paragraph (2), in accordance with sec15 tion 2116 (c) of title 44. Such fees shall be paid into, ad16 ministered, and expended as part of the National Archives 

17 Trust Fund. 

18 ‘‘(c) Nothing in this section may be construed to re19 quire the Secretary or the Broadcasting Board of Gov20 ernors to make material disseminated abroad available in 

21 any format other than in the format disseminated 

22 abroad.’’. 

23 (b) RULE OF CONSTRUCTION.—Nothing in this sec24 tion may be construed to affect the allocation of funds apVerDate Mar 15 2010 01:00 Jun 20, 2012 Jkt 019200 PO 00000 Frm 00658 Fmt 6652 Sfmt 6201 E:\BILLS\H4310.RFS H4310

smartinez on DSK6TPTVN1PROD with BILLS
659 

HR 4310 RFS

1 propriated or otherwise made specifically available for 

2 public diplomacy. 

3 (c) FOREIGN RELATIONS AUTHORIZATION ACT, FIS4 CAL YEARS 1986 AND 1987.—Section 208 of the Foreign 

5 Relations Authorization Act, Fiscal Years 1986 and 1987 

6 (22 U.S.C. 1461–1a) is amended to read as follows: 

7 ‘‘SEC. 208. CLARIFICATION ON DOMESTIC DISTRIBUTION OF 

8 PROGRAM MATERIAL. 

9 ‘‘(a) IN GENERAL.—No funds authorized to be ap10 propriated to the Department of State or the Broad11 casting Board of Governors shall be used to influence pub12 lic opinion in the United States. This section shall apply 

13 only to programs carried out pursuant to the United 

14 States Information and Educational Exchange Act of 

15 1948 (22 U.S.C. 1431 et seq.), the United States Inter16 national Broadcasting Act of 1994 (22 U.S.C. 6201 et 

17 seq.), the Radio Broadcasting to Cuba Act (22 U.S.C. 

18 1465 et seq.), and the Television Broadcasting to Cuba 

19 Act (22 U.S.C. 1465aa et seq.). This section shall not pro20 hibit or delay the Department of State or the Broad21 casting Board of Governors from providing information 

22 about its operations, policies, programs, or program mate23 rial, or making such available, to the media, public, or 

24 Congress, in accordance with other applicable law. 


smartinez on DSK6TPTVN1PROD with BILLS
660 

HR 4310 RFS

1 ‘‘(b) RULE OF CONSTRUCTION.—Nothing in this sec2 tion shall be construed to prohibit the Department of 

3 State or the Broadcasting Board of Governors from en4 gaging in any medium or form of communication, either 

5 directly or indirectly, because a United States domestic 

6 audience is or may be thereby exposed to program mate7 rial, or based on a presumption of such exposure. Such 

8 material may be made available within the United States 

9 and disseminated, when appropriate, pursuant to sections 

10 502 and 1005 of the United States Information and Edu11 cational Exchange Act of 1948 (22 U.S.C. 1462 and 

12 1437), except that nothing in this section may be con13 strued to authorize the Department of State or the Broad14 casting Board of Governors to disseminate within the 

15 United States any program material prepared for dissemi16 nation abroad on or before the effective date of the Smith17 Mundt Modernization Act of 2012. 

18 ‘‘(c) APPLICATION.—The provisions of this section 

19 shall apply only to the Department of State and the 

20 Broadcasting Board of Governors and to no other depart21 ment or agency of the Federal Government.’’. 

22 (d) CONFORMING AMENDMENTS.—The United 

23 States Information and Educational Exchange Act of 

24 1948 is amended— 

25 (1) in section 502 (22 U.S.C. 1462)— 


smartinez on DSK6TPTVN1PROD with BILLS
661 

HR 4310 RFS

1 (A) by inserting ‘‘and the Broadcasting 

2 Board of Governors’’ after ‘‘Secretary’’; and 

3 (B) by inserting ‘‘or the Broadcasting 

4 Board of Governors’’ after ‘‘Department’’; and 

5 (2) in section 1005 (22 U.S.C. 1437), by insert6 ing ‘‘and the Broadcasting Board of Governors’’ 

7 after ‘‘Secretary’’ each place it appears. 

8 (e) EFFECTIVE DATE.—This section shall take effect 

9 and apply on the date that is 180 days after the date of 

10 the enactment of this section. 

11 SEC. 1098. IMPROVING ORGANIZATION FOR COMPUTER 

12 NETWORK OPERATIONS. 

13 (a) CHARTER.—Not later than 180 days after the 

14 date of the enactment of this Act, the President shall sub15 mit to the congressional defense committees a charter to 

16 establish an interagency body or organization to coordi17 nate and deconflict full-spectrum military cyber operations 

18 for the Federal Government. 

19 (b) ELEMENTS.—The charter required under sub20 section (a) shall include— 

21 (1) business rules and processes for the func22 tioning of the body or organization established by 

23 such charter; 


smartinez on DSK6TPTVN1PROD with BILLS
662 

HR 4310 RFS

1 (2) interagency guidance clarifying roles and re2 sponsibilities for full-spectrum military cyber oper3 ations; 

4 (3) clarification and defined membership for 

5 such body or organization; and 

6 (4) accommodation for documentation of the ac7 tivities of such body or organization, including min8 utes and historical archives. 

9 (c) REPORT.—Not later than 240 days after the date 

10 of the enactment of this Act, the President shall submit 

11 to the congressional defense committees a report outlining 

12 the charter required under subsection (a), and plans to 

13 ensure the implementation of such charter. 

14 (d) BUDGET JUSTIFICATION DOCUMENTS.—The Sec15 retary of Defense shall submit to the congressional defense 

16 committees dedicated budget documentation materials to 

17 accompany future budget submissions, including a single 

18 Depart of Defense-wide budget estimate and detailed 

19 budget planning data for full-spectrum military cyberspace 

20 operations (computer network defense, attack, and exploi21 tation) in both unclassified and classified funding data. 

22 SEC. 1099. IMPROVING UNITED STATES FOREIGN POLICE 

23 ASSISTANCE ACTIVITIES. 

24 (a) FINAL REPORT.—Not later than 60 days after 

25 the date of the enactment of this Act, the President shall 


smartinez on DSK6TPTVN1PROD with BILLS
663 

HR 4310 RFS

1 submit to the relevant congressional committees the final 

2 report from the National Security Council’s Interagency 

3 Policy Committee on Security Sector Assistance. 

4 (b) PLAN.—Not later than 180 days after the date 

5 of the enactment of this Act, the Secretaries of Defense 

6 and State shall jointly submit to the relevant congressional 

7 committees a plan to institute mechanisms to better co8 ordinate, document, disseminate, and share information 

9 analysis and assessments regarding United States foreign 

10 police assistance activities. 

11 (c) APPROPRIATE CONGRESSIONAL COMMITTEES DE12 FINED.—In this section, the term ‘‘relevant congressional 

13 committees’’ means— 

14 (1) the Committee on Armed Services of the 

15 Senate and the House of Representatives; 

16 (2) the Committee on Oversight and Govern17 ment Reform of the House of Representatives; 

18 (3) the Committee on Homeland Security and 

19 Governmental Affairs of the Senate; 

20 (4) the Committee on Foreign Affairs of the 

21 House of Representatives; and 

22 (5) the Committee on Foreign Relations of the 

23 Senate. 


smartinez on DSK6TPTVN1PROD with BILLS
664 

HR 4310 RFS

1 SEC. 1099A. SENSE OF CONGRESS REGARDING UNITED 

2 STATES NORTHERN COMMAND PREPARED3 NESS. 

4 It is the sense of the Congress that— 

5 (1) the United States Northern Command plays 

6 a crucial role in providing additional response capa7 bility to State and local governments in domestic 

8 disaster relief and consequence management oper9 ations; 

10 (2) the United States Northern Command must 

11 continue to build upon its current efforts to develop 

12 command strategies, leadership training, and re13 sponse plans to effectively work with civil authorities 

14 when acting as the lead agency or a supporting 

15 agency; and 

16 (3) the United States Northern Command 

17 should leverage whenever possible training and man18 agement expertise that resides within the Depart19 ment of Defense, other Federal agencies, State and 

20 local governments, and private sector businesses and 

21 academic institutions to enhance— 

22 (A) its defense support to civil authorities 

23 and incidence management missions; 

24 (B) relationships with other entities in25 volved in disaster response; and 


smartinez on DSK6TPTVN1PROD with BILLS
665 

HR 4310 RFS

1 (C) its ability to respond to unforeseen 

2 events. 

3 SEC. 1099B. LIMITATION ON MILITARY MUSICAL UNITS. 

4 Amounts authorized to be appropriated pursuant to 

5 this Act for military musical units (as such term is defined 

6 in section 974 of title 10, United States Code) may not 

7 exceed $200,000,000. 

8 SEC. 1099C. REQUIREMENT FOR ATTORNEY GENERAL TO 

9 INVESTIGATE POSSIBLE VIOLATIONS OF FED10 ERAL LAW RELATED TO LEAKS OF SENSITIVE 

11 INFORMATION INVOLVING THE MILITARY, IN12 TELLIGENCE, AND OPERATIONAL CAPABILI13 TIES OF THE UNITED STATES AND ISRAEL. 

14 (a) INVESTIGATION REQUIRED.—Not later than 30 

15 days after the date of the enactment of this Act, the Attor16 ney General shall initiate an investigation into possible 

17 violations of Federal law related to leaks of sensitive infor18 mation involving the military, intelligence, and operational 

19 capabilities of the United States and Israel. 

20 (b) REPORT.—Not later than 60 days after the date 

21 of the enactment of this Act, the Attorney General shall 

22 submit to Congress a report describing the status and 

23 progress of the investigation required under subsection 

24 (a). 


smartinez on DSK6TPTVN1PROD with BILLS
666 

HR 4310 RFS

1 TITLE XI—CIVILIAN PERSONNEL 

2 MATTERS 

3 Subtitle A—General Provisions 

4 SEC. 1101. EXPANSION OF PERSONNEL MANAGEMENT AU5 THORITY UNDER EXPERIMENTAL PROGRAM 

6 WITH RESPECT TO CERTAIN SCIENTIFIC AND 

7 TECHNICAL POSITIONS. 

8 Subparagraph (A) of section 1101(b)(1) of the Strom 

9 Thurmond National Defense Authorization Act for Fiscal 

10 Year 1999 (5 U.S.C. 3104 note), as most recently amend11 ed by section 1110 of the National Defense Authorization 

12 Act for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 

13 1615), is further amended by striking ‘‘40’’ and inserting 

14 ‘‘60’’. 

15 SEC. 1102. AUTHORITY TO PAY FOR THE TRANSPORT OF 

16 FAMILY HOUSEHOLD PETS FOR FEDERAL EM17 PLOYEES DURING CERTAIN EVACUATION OP18 ERATIONS. 

19 Section 5725 of title 5, United States Code, is 

20 amended— 

21 (1) in subsection (a), in the matter following 

22 paragraph (2), by striking ‘‘and personal effects,’’ 

23 and inserting ‘‘, personal effects, and family house24 hold pets,’’; and 

25 (2) by adding at the end the following: 


smartinez on DSK6TPTVN1PROD with BILLS
667 

HR 4310 RFS

1 ‘‘(c)(1) The expenses authorized under subsection (a) 

2 shall, with respect to the transport of family household 

3 pets, include the expenses for the shipment of and the pay4 ment of any quarantine costs for such pets. 

5 ‘‘(2) Any payment or reimbursement under this sec6 tion in connection with the transport of family household 

7 pets shall be subject to terms and conditions which— 

8 ‘‘(A) the head of the agency shall by regulation 

9 prescribe; and 

10 ‘‘(B) shall, to the extent practicable, be the 

11 same as would apply under regulations prescribed 

12 under section 476(b)(1)(H)(iii) of title 37 in connec13 tion with the transport of family household pets of 

14 members of the uniformed services, including regula15 tions relating to the types, size, and number of pets 

16 for which such payment or reimbursement may be 

17 provided.’’. 

18 SEC. 1103. EXTENSION OF AUTHORITY TO FILL SHORTAGE 

19 CATEGORY POSITIONS FOR CERTAIN FED20 ERAL ACQUISITION POSITIONS FOR CIVILIAN 

21 AGENCIES. 

22 Section 1703(j) of title 41, United States Code, is 

23 amended— 

24 (1) in paragraph (1)— 


smartinez on DSK6TPTVN1PROD with BILLS
668 

HR 4310 RFS

1 (A) by striking ‘‘sections 3304, 5333, and 

2 5753’’ and inserting ‘‘section 3304’’; and 

3 (B) by striking ‘‘use the authorities in 

4 those sections to recruit and’’; and 

5 (2) in paragraph (2), by striking ‘‘September 

6 30, 2012’’ and inserting ‘‘September 30, 2017’’. 

7 SEC. 1104. ONE-YEAR EXTENSION OF AUTHORITY TO WAIVE 

8 ANNUAL LIMITATION ON PREMIUM PAY AND 

9 AGGREGATE LIMITATION ON PAY FOR FED10 ERAL CIVILIAN EMPLOYEES WORKING OVER11 SEAS. 

12 Effective January 1, 2013, section 1101(a) of the 

13 Duncan Hunter National Defense Authorization Act for 

14 Fiscal Year 2009 (Public Law 110–417; 122 Stat. 4615), 

15 as most recently amended by section 1104 of the National 

16 Defense Authorization Act for Fiscal Year 2012 (Public 

17 Law 112–81; 125 Stat. 1612), is further amended by 

18 striking ‘‘through 2012’’ and inserting ‘‘through 2013’’. 

19 SEC. 1105. POLICY ON SENIOR MENTORS. 

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

21 provide written notice to the congressional defense com22 mittees at least 60 days before implementing any change 

23 in the policy regarding senior mentors issued on or about 

24 April 1, 2010. 


smartinez on DSK6TPTVN1PROD with BILLS
669 

HR 4310 RFS

1 (b) APPLICABILITY.—Changes implemented before 

2 the date of the enactment of this Act shall not be affected 

3 by this section. 

4 Subtitle B—Interagency Personnel 

5 Rotations 

6 SEC. 1111. INTERAGENCY PERSONNEL ROTATIONS. 

7 (a) SHORT TITLE.—This subtitle may be cited as the 

8 ‘‘Interagency Personnel Rotation Act of 2012’’. 

9 (b) DEFINITIONS.—In this subtitle: 

10 (1) AGENCY.—The term ‘‘agency’’ has the 

11 meaning given the term ‘‘Executive agency’’ under 

12 section 105 of title 5, United States Code. 

13 (2) COMMITTEE.—The term ‘‘Committee’’ 

14 means the Committee on National Security Per15 sonnel established under subsection (c)(1). 

16 (3) COVERED AGENCY.—The term ‘‘covered 

17 agency’’ means an agency that is part of an ICI. 

18 (4) ICI.—The term ‘‘ICI’’ means a National 

19 Security Interagency Community of Interest identi20 fied by the Committee under subsection (d)(1). 

21 (5) ICI POSITION.—The term ‘‘ICI position’’— 

22 (A) means— 

23 (i) a position that— 

24 (I) is identified by the head of a 

25 covered agency as a position within 


smartinez on DSK6TPTVN1PROD with BILLS
670 

HR 4310 RFS

1 the covered agency that has signifi2 cant responsibility for the subject area 

3 of the ICI in which the position is lo4 cated and for activities that involve 

5 more than 1 agency; 

6 (II) is in the civil service (as de7 fined in section 2101(1) of title 5, 

8 United States Code) in the executive 

9 branch of the Government (including 

10 a position in the Foreign Service) at 

11 or above GS–11 of the General Sched12 ule or at a level of responsibility com13 parable to a position at or above GS– 

14 11 of the General Schedule; and 

15 (III) is within an ICI; or 

16 (ii) a position in an interagency body 

17 identified as an ICI position under sub18 section (d)(3)(B)(i); and 

19 (B) shall not include— 

20 (i) any position described under para21 graph (10)(A) or (C); or 

22 (ii) any position filled by an employee 

23 described under paragraph (10)(B). 

24 (6) INTELLIGENCE COMMUNITY.—The term 

25 ‘‘intelligence community’’ has the meaning given 


smartinez on DSK6TPTVN1PROD with BILLS
671 

HR 4310 RFS

1 under section 3(4) of the National Security Act of 

2 1947 (50 U.S.C. 401a(4)). 

3 (7) INTERAGENCY BODY.—The term ‘‘inter4 agency body’’ means an entity or component identi5 fied under subsection (d)(3)(A). 

6 (8) INTERAGENCY ROTATIONAL SERVICE.—The 

7 term ‘‘interagency rotational service’’ means service 

8 by an employee in— 

9 (A) an ICI position that is— 

10 (i) in— 

11 (I) a covered agency other than 

12 the covered agency employing the em13 ployee; or 

14 (II) an interagency body, without 

15 regard to whether the employee is em16 ployed by the agency in which the 

17 interagency body is located; and 

18 (ii) the same ICI as the position in 

19 which the employee serves or has served 

20 before serving in that ICI position; or 

21 (B) a position in an interagency body iden22 tified under subsection (d)(3)(B)(ii). 

23 (9) NATIONAL SECURITY INTERAGENCY COM24 MUNITY OF INTEREST.—The term ‘‘National Secu25 rity Interagency Community of Interest’’ means the 


smartinez on DSK6TPTVN1PROD with BILLS
672 

HR 4310 RFS

1 positions in the executive branch of the Government 

2 that— 

3 (A) as a group are positions within mul4 tiple agencies of the executive branch of the 

5 Government; and 

6 (B) have significant responsibility for the 

7 same substantive, functional, or regional subject 

8 area related to national security or homeland 

9 security that requires integration of the posi10 tions and activities in that area across multiple 

11 agencies to ensure that the executive branch of 

12 the Government operates as a single, cohesive 

13 enterprise to maximize mission success and 

14 minimize cost. 

15 (10) POLITICAL APPOINTEE.—The term ‘‘polit16 ical appointee’’ means an individual who— 

17 (A) is employed in a position described 

18 under sections 5312 through 5316 of title 5, 

19 United States Code (relating to the Executive 

20 Schedule); 

21 (B) is a noncareer appointee in the Senior 

22 Executive Service, as defined under section 

23 3132(a)(7) of title 5, United States Code; or 

24 (C) is employed in a position in the execu25 tive branch of the Government of a confidential 


smartinez on DSK6TPTVN1PROD with BILLS
673 

HR 4310 RFS

1 or policy-determining character under schedule 

2 C of subpart C of part 213 of title 5 of the 

3 Code of Federal Regulations. 

4 (11) SENIOR POSITION.—The term ‘‘senior po5 sition’’ means— 

6 (A) a Senior Executive Service position, as 

7 defined in section 3132(a)(2) of title 5, United 

8 States Code; 

9 (B) a position in the Senior Foreign Serv10 ice established under the Foreign Service Act of 

11 1980 (22 U.S.C. 3901 et seq.); 

12 (C) a position in the Federal Bureau of In13 vestigation and Drug Enforcement Administra14 tion Senior Executive Service established under 

15 section 3151 of title 5, United States Code; 

16 (D) a position filled by a limited term ap17 pointee or limited emergency appointee in the 

18 Senior Executive Service, as defined under 

19 paragraphs (5) and (6), respectively, of section 

20 3132(a) of title 5, United States Code; and 

21 (E) any other equivalent position identified 

22 by the Committee. 

23 (c) COMMITTEE ON NATIONAL SECURITY PER24 SONNEL.— 


smartinez on DSK6TPTVN1PROD with BILLS
674 

HR 4310 RFS

1 (1) ESTABLISHMENT.—There is established the 

2 Committee on National Security Personnel within 

3 the Executive Office of the President. 

4 (2) MEMBERSHIP.—The members of the Com5 mittee shall be the Director of the Office of Manage6 ment and Budget, the Director of the Office of Per7 sonnel Management, and the Assistant to the Presi8 dent for National Security Affairs. 

9 (3) CHAIRPERSON.—The Director of the Office 

10 of Management and Budget shall be the Chairperson 

11 of the Committee. 

12 (4) FUNCTIONS.— 

13 (A) IN GENERAL.—The Committee shall 

14 perform the functions as provided under this 

15 subtitle to implement this subtitle and shall 

16 validate the actions taken by the heads of cov17 ered agencies to implement the directives issued 

18 and meet the standards established under sub19 paragraph (B). 

20 (B) DIRECTIVES AND STANDARDS.— 

21 (i) IN GENERAL.—In consultation 

22 with the Director of the Office of Per23 sonnel Management and the Assistant to 

24 the President for National Security Af25 fairs, the Director of the Office of ManageVerDate Mar 15 2010 01:00 Jun 20, 2012 Jkt 019200 PO 00000 Frm 00674 Fmt 6652 Sfmt 6201 E:\BILLS\H4310.RFS H4310

smartinez on DSK6TPTVN1PROD with BILLS
675 

HR 4310 RFS

1 ment and Budget shall issue directives and 

2 establish standards relating to the imple3 mentation of this subtitle. 

4 (ii) USE BY COVERED AGENCIES.— 

5 The head of each covered agency shall 

6 carry out the responsibilities under this 

7 subtitle in accordance with the directives 

8 issued and standards established by the 

9 Director of the Office of Management and 

10 Budget. 

11 (5) SUPPORT AND IMPLEMENTATION.— 

12 (A) BOARD.—There is established to assist 

13 the Committee a board, the members of which 

14 shall be appointed— 

15 (i) in accordance with subparagraph 

16 (B); and 

17 (ii) from among individuals holding an 

18 office or position in level III of the Execu19 tive Schedule. 

20 (B) APPOINTMENTS.—Members of the 

21 board shall be appointed as follows: 

22 (i) One by the Secretary of State. 

23 (ii) One by the Secretary of Defense. 

24 (iii) One by the Secretary of Home25 land Security. 


smartinez on DSK6TPTVN1PROD with BILLS
676 

HR 4310 RFS

1 (iv) One by the Attorney General. 

2 (v) One by the Secretary of the Treas3 ury. 

4 (vi) One by the Secretary of Energy. 

5 (vii) One by the Secretary of Health 

6 and Human Services. 

7 (viii) One by the Secretary of Com8 merce. 

9 (ix) One by the head of any other 

10 agency (or, if more than 1, by each of the 

11 respective heads of any other agencies) de12 termined appropriate by the Committee. 

13 As used in clause (ix), the term ‘‘agency’’ does 

14 not include any element of the intelligence com15 munity. 

16 (C) CHIEF HUMAN CAPITAL OFFICERS

17 COUNCIL.—The Chief Human Capital Officers 

18 Council shall provide advice to the Committee 

19 regarding technical human capital issues. 

20 (D) COVERED AGENCY OFFICIALS.— 

21 (i) IN GENERAL.—The head of each 

22 covered agency shall designate an officer 

23 and office within that covered agency with 

24 responsibility for the implementation of 

25 this subtitle. 


smartinez on DSK6TPTVN1PROD with BILLS
677 

HR 4310 RFS

1 (ii) EXISTING OFFICES.—If an officer 

2 or office of a covered agency is designated 

3 as the officer or office within the covered 

4 agency with responsibility for the imple5 mentation of Executive Order No. 13434 

6 for the covered agency on the date of en7 actment of this Act, the head of the cov8 ered agency shall designate the officer or 

9 office as the officer or office within the 

10 covered agency with responsibility for the 

11 implementation of this subtitle. 

12 (E) STAFF.— 

13 (i) IN GENERAL.—Not more than 3 

14 full-time employees (or the equivalent) may 

15 be hired to assist the Committee in the im16 plementation of this subtitle. Each em17 ployee so hired shall be selected from 

18 among individuals serving in the Office of 

19 Management and Budget, the Office of 

20 Personnel Management, or any other agen21 cy. 

22 (ii) FUNDING.— 

23 (I) AUTHORIZATION OF APPRO24 PRIATIONS.—There are authorized to 

25 be appropriated for each of fiscal 


smartinez on DSK6TPTVN1PROD with BILLS
678 

HR 4310 RFS

1 years 2013 through 2017 to carry out 

2 clause (i) an amount equal to the 

3 amount expended for salaries and ex4 penses of the National Security Pro5 fessional Development Integration Of6 fice during fiscal year 2012. 

7 (II) OFFSET.— 

8 (aa) IN GENERAL.—Except 

9 as provided in subparagraph 

10 (D)(ii), effective on the date of 

11 enactment of this Act, the Na12 tional Security Professional De13 velopment Integration Office of 

14 the Department of Defense is 

15 terminated and, on and after the 

16 date of enactment of this Act, 

17 the Secretary of Defense may not 

18 establish a comparable office to 

19 implement Executive Order No. 

20 13434 or to design, administer, 

21 or report on the creation of a na22 tional security professional devel23 opment system, cadre of national 

24 security professionals, or any per25 sonnel rotations, education, or 


smartinez on DSK6TPTVN1PROD with BILLS
679 

HR 4310 RFS

1 training for individuals involved 

2 in interagency activities or who 

3 are national security profes4 sionals who are not employed by 

5 the Department of Defense. 

6 Nothing in this item shall be con7 strued to prohibit the Secretary 

8 of Defense from establishing or 

9 designating an office to admin10 ister interagency rotations by, or 

11 the interagency activities of, em12 ployees of the Department of De13 fense. 

14 (bb) TRANSFER OF FUNC15 TIONS.—Effective on the date of 

16 enactment of this Act, there are 

17 transferred to the Office of Man18 agement and Budget or the Of19 fice of Personnel Management, as 

20 determined appropriate by the 

21 Committee, the functions of the 

22 National Security Professional 

23 Development Integration Office 

24 of the Department of Defense. 


smartinez on DSK6TPTVN1PROD with BILLS
680 

HR 4310 RFS

1 (cc) FUNDS.—Effective on 

2 the date of enactment of this 

3 Act, all unobligated balances 

4 made available for the activities 

5 of the National Security Profes6 sional Development Integration 

7 Office of the Department of De8 fense are rescinded. 

9 (d) NATIONAL SECURITY INTERAGENCY COMMU10 NITIES OF INTEREST.— 

11 (1) IDENTIFICATION OF ICIS.—Subject to sub12 section (g), the Committee— 

13 (A) shall identify ICIs on an ongoing basis 

14 for purposes of carrying out this subtitle; and 

15 (B) may alter or discontinue an ICI identi16 fied under subparagraph (A). 

17 (2) IDENTIFICATION OF ICI POSITIONS.—The 

18 head of each covered agency shall identify ICI posi19 tions within the covered agency. 

20 (3) INTERAGENCY BODIES.— 

21 (A) IDENTIFICATION.— 

22 (i) IN GENERAL.—The Committee 

23 shall identify— 

24 (I) entities in the executive 

25 branch of the Government that are 


smartinez on DSK6TPTVN1PROD with BILLS
681 

HR 4310 RFS

1 primarily involved in interagency ac2 tivities relating to national security or 

3 homeland security; and 

4 (II) components of agencies that 

5 are primarily involved in interagency 

6 activities relating to national security 

7 or homeland security and have a mis8 sion distinct from the agency within 

9 which the component is located. 

10 (ii) CERTAIN BODIES.— 

11 (I) IN GENERAL.—The Com12 mittee shall identify the National Se13 curity Council as an interagency body 

14 under this subparagraph. 

15 (II) FBI ROTATIONS.—Joint 

16 Terrorism Task Forces shall not be 

17 considered interagency bodies for pur18 poses of service by employees of the 

19 Federal Bureau of Investigation. 

20 (iii) DUTIES OF HEAD OF COVERED

21 AGENCY.—The Committee shall designate 

22 the Federal officer who shall perform the 

23 duties of the head of a covered agency re24 lating to ICI positions within an inter25 agency body. 


smartinez on DSK6TPTVN1PROD with BILLS
682 

HR 4310 RFS

1 (B) POSITIONS IN INTERAGENCY BOD2 IES.—The officials designated under subpara3 graph (A)(iii) shall identify— 

4 (i) positions within their respective 

5 interagency bodies that are ICI positions; 

6 and 

7 (ii) positions within their respective 

8 interagency bodies— 

9 (I) that are not a position de10 scribed under subsection (b)(10)(A) or 

11 (C) or a position filled by an employee 

12 described under subsection 

13 (b)(10)(B); and 

14 (II) for which service in the posi15 tion shall constitute interagency rota16 tional service. 

17 (e) INTERAGENCY COMMUNITY OF INTEREST ROTA18 TIONAL SERVICE.— 

19 (1) EXCLUSION OF SENIOR POSITIONS.—For 

20 purposes of this subsection, the term ‘‘ICI position’’ 

21 does not include a senior position. 

22 (2) ROTATIONS.— 

23 (A) IN GENERAL.—The Committee shall 

24 provide for employees serving in an ICI position 


smartinez on DSK6TPTVN1PROD with BILLS
683 

HR 4310 RFS

1 to be assigned on a rotational basis to another 

2 ICI position that is— 

3 (i) within another covered agency or 

4 within an interagency body; and 

5 (ii) within the same ICI. 

6 (B) EXCEPTION.—An employee may be as7 signed to an ICI position in another covered 

8 agency or in an interagency body that is not in 

9 the ICI applicable to an ICI position in which 

10 the employee serves or has served if— 

11 (i) the employee has particular non12 governmental or other expertise or skills 

13 that are relevant to the assigned ICI posi14 tion; and 

15 (ii) the head of the covered agency 

16 employing the employee, the head of the 

17 covered agency to which the assignment is 

18 made, and the Committee approve the as19 signment. 

20 (C) NONREIMBURSABLE BASIS.—Service 

21 by an employee in an ICI position in another 

22 covered agency or in an interagency body that 

23 is not within the agency employing the em24 ployee shall be performed without reimburse25 ment. 


smartinez on DSK6TPTVN1PROD with BILLS
684 

HR 4310 RFS

1 (D) RETURN TO PRIOR POSITION.—Except 

2 as otherwise provided by the Committee, an em3 ployee performing service in an ICI position in 

4 another covered agency or interagency body or 

5 in a position designated under subsection 

6 (d)(3)(B)(ii) shall be entitled to return, within 

7 a reasonable period of time after the end of the 

8 period of service, to the position held by the 

9 employee, or a corresponding or higher position 

10 (or, in the case of an employee in the Foreign 

11 Service, as defined in section 102(11) of the 

12 Foreign Service Act of 1980 (22 U.S.C. 

13 3902(11)), a position in the same or a higher 

14 personnel category), in the covered agency em15 ploying the employee. 

16 (3) SELECTION OF ICI POSITIONS OPEN FOR

17 ROTATIONAL SERVICE.— 

18 (A) IN GENERAL.—The head of each cov19 ered agency shall determine which ICI positions 

20 in the covered agency shall be available for 

21 service by employees from another covered 

22 agency and may modify a determination under 

23 this subparagraph. 

24 (B) LIST.—The Committee shall maintain 

25 a single, integrated list of ICI positions and of 


smartinez on DSK6TPTVN1PROD with BILLS
685 

HR 4310 RFS

1 positions available for service by employees 

2 from another covered agency under this sub3 section and shall make the list available to Fed4 eral employees on an ongoing basis in order to 

5 facilitate applications for the positions and 

6 long-term career planning by employees of the 

7 executive branch of the Government, except to 

8 the extent that the Committee determines that 

9 the identity of certain positions should not be 

10 distributed in order to protect national security 

11 or homeland security. 

12 (4) MINIMUM PERIOD OF SERVICE.—With re13 spect to the period of service in an ICI position in 

14 another covered agency or interagency body, the 

15 Committee— 

16 (A) shall, notwithstanding any other provi17 sion of law, ensure that the period of service is 

18 sufficient to gain an adequately detailed under19 standing and perspective of the covered agency 

20 or interagency body at which the employee is 

21 assigned; 

22 (B) may provide for different periods of 

23 service, depending upon the nature of the posi24 tion, including whether the position is in an 

25 area that is a combat zone for purposes of secVerDate Mar 15 2010 01:00 Jun 20, 2012 Jkt 019200 PO 00000 Frm 00685 Fmt 6652 Sfmt 6201 E:\BILLS\H4310.RFS H4310

smartinez on DSK6TPTVN1PROD with BILLS
686 

HR 4310 RFS

1 tion 112 of the Internal Revenue Code of 1986; 

2 and 

3 (C) shall require that an employee per4 forming service in an ICI position in another 

5 covered agency or interagency body is informed 

6 of the period of service for the position before 

7 beginning such service. 

8 (5) VOLUNTARY NATURE OF ROTATIONAL SERV9 ICE.— 

10 (A) IN GENERAL.—Except as provided in 

11 subparagraph (B), service in an ICI position in 

12 another covered agency or interagency body 

13 shall be voluntary on the part of the employee. 

14 (B) AUTHORITY TO ASSIGN INVOLUN15 TARILY.—If the head of a covered agency has 

16 the authority under another provision of law to 

17 assign an employee involuntarily to a position 

18 and the employee is serving in an ICI position, 

19 the head of the covered agency may assign the 

20 employee involuntarily to serve in an ICI posi21 tion in another covered agency or interagency 

22 body. 

23 (6) TRAINING AND EDUCATION OF PERSONNEL

24 PERFORMING INTERAGENCY ROTATIONAL SERV25 ICE.—Each employee performing interagency rotaVerDate Mar 15 2010 01:00 Jun 20, 2012 Jkt 019200 PO 00000 Frm 00686 Fmt 6652 Sfmt 6201 E:\BILLS\H4310.RFS H4310

smartinez on DSK6TPTVN1PROD with BILLS
687 

HR 4310 RFS

1 tional service shall participate in the training and 

2 education, if any, that is regularly provided to new 

3 employees by the covered agency or interagency body 

4 in which the employee is serving in order to learn 

5 how the covered agency or interagency body func6 tions. 

7 (7) PREVENTION OF NEED FOR INCREASED

8 PERSONNEL LEVELS.—The Committee shall ensure 

9 that employees are rotated across covered agencies 

10 and interagency bodies within an ICI in a manner 

11 that ensures that, for the original ICI positions of 

12 all employees performing service in an ICI position 

13 in another covered agency or interagency body— 

14 (A) employees from another covered agen15 cy or interagency body who are performing 

16 service in an ICI position in another covered 

17 agency or interagency body, or other available 

18 employees, begin service in such original posi19 tions within a reasonable period, at no addi20 tional cost to the covered agency or the inter21 agency body in which such original positions are 

22 located; or 

23 (B) other employees do not need to serve 

24 in the positions in order to maintain the effec25 tiveness of or to prevent any costs being acVerDate Mar 15 2010 01:00 Jun 20, 2012 Jkt 019200 PO 00000 Frm 00687 Fmt 6652 Sfmt 6201 E:\BILLS\H4310.RFS H4310

smartinez on DSK6TPTVN1PROD with BILLS
688 

HR 4310 RFS

1 crued by the covered agency or interagency 

2 body in which such original positions are lo3 cated. 

4 (8) OPEN AND FAIR COMPETITION.—Each cov5 ered agency or interagency body that has an ICI po6 sition available for service by an employee from an7 other covered agency shall coordinate with the Office 

8 of Personnel Management to ensure that employees 

9 of covered agencies selected to perform interagency 

10 rotational service shall be selected in a fully open 

11 and competitive manner that is consistent with the 

12 merit system principles set forth in paragraphs (1) 

13 and (2) of section 2301(b) of title 5, United States 

14 Code, unless the ICI position is otherwise exempt 

15 under another provision of law. 

16 (9) PERSONNEL LAW MATTERS.— 

17 (A) NATIONAL SECURITY EXCLUSION.— 

18 The identification of a position as available for 

19 service by an employee of another covered agen20 cy or as being within an ICI shall not be a basis 

21 for an order under section 7103(b) of title 5, 

22 United States Code, excluding the covered 

23 agency, or a subdivision thereof, in which the 

24 position is located from the applicability of 

25 chapter 71 of such title. 


smartinez on DSK6TPTVN1PROD with BILLS
689 

HR 4310 RFS

1 (B) ON ROTATION.—An employee per2 forming interagency rotational service shall 

3 have all the rights that would be available to 

4 the employee if the employee were detailed or 

5 assigned under a provision of law other than 

6 this subtitle from the agency employing the em7 ployee to the agency in which the ICI position 

8 in which the employee is serving is located. 

9 (10) CONSULTATION.—The Committee shall 

10 consult with relevant associations, unions, and other 

11 groups involved in collective bargaining or encour12 aging public service, organizational reform of the 

13 Government, or interagency activities (such as the 

14 Simons Center for the Study of Interagency Co15 operation of the Command and General Staff Col16 lege Foundation) in formulating and implementing 

17 policies under this subtitle. 

18 (11) OFFICERS OF THE ARMED FORCES.—The 

19 policies, procedures, and practices for the manage20 ment of officers of the Armed Forces may provide 

21 for the assignment of officers of the Armed Forces 

22 to ICI positions or positions designated under sub23 section (d)(3)(B)(ii). 

24 (12) PERFORMANCE APPRAISALS.—The Com25 mittee shall— 


smartinez on DSK6TPTVN1PROD with BILLS
690 

HR 4310 RFS

1 (A) ensure that an employee receives per2 formance evaluations that are based primarily 

3 on the contribution of the employee to the work 

4 of the covered agency in which the employee is 

5 performing service in an ICI position in another 

6 covered agency or interagency body and the 

7 functioning of the applicable ICI; and 

8 (B) require that— 

9 (i) officials at the covered agency em10 ploying the employee conduct the evalua11 tions based on input from the supervisors 

12 of the employee during service in an ICI 

13 position in another covered agency or 

14 interagency body; and 

15 (ii) the evaluations shall be provided 

16 the same weight in the receipt of pro17 motions and other rewards by the employee 

18 from the covered agency employing the em19 ployee as performance evaluations receive 

20 for other employees of the covered agency. 

21 (f) SELECTION OF SENIOR POSITIONS IN AN INTER22 AGENCY COMMUNITY OF INTEREST.— 

23 (1) SELECTION OF INDIVIDUALS TO FILL SEN24 IOR POSITIONS WITHIN AN ICI.—In selecting individ25 uals to fill senior positions within an ICI, the head 


smartinez on DSK6TPTVN1PROD with BILLS
691 

HR 4310 RFS

1 of a covered agency shall ensure that a strong pref2 erence is given to personnel who have performed 

3 interagency rotational service. 

4 (2) ESTABLISHMENT BY HEADS OF COVERED

5 AGENCIES OF MINIMUM THRESHOLDS.— 

6 (A) IN GENERAL.—On October 1 of the 

7 2nd fiscal year after the fiscal year in which the 

8 Committee identifies an ICI, and October 1 of 

9 each fiscal year thereafter, the head of each 

10 covered agency within which 1 or more posi11 tions within that ICI are located shall establish 

12 the minimum number of that agency’s senior 

13 positions that are within that ICI that shall be 

14 filled by personnel who have performed inter15 agency rotational service. 

16 (B) REPORTING REQUIREMENTS.— 

17 (i) MINIMUM NUMBER OF POSI18 TIONS.—Not later than 30 days after the 

19 date on which all heads of covered agencies 

20 have established the minimum number re21 quired under subparagraph (A) for a fiscal 

22 year, the Committee shall submit to Con23 gress a consolidated list of the minimum 

24 numbers of senior positions that shall be 


smartinez on DSK6TPTVN1PROD with BILLS
692 

HR 4310 RFS

1 filled by personnel who have performed 

2 interagency rotational service. 

3 (ii) FAILURE TO MEET MINIMUM NUM4 BER.—Not later than 30 days after the 

5 end of any fiscal year in which a covered 

6 agency fails to meet the minimum number 

7 of senior positions to be filled by individ8 uals who have performed interagency rota9 tional service established by the head of 

10 the covered agency under subparagraph 

11 (A), the head of the covered agency shall 

12 submit to the Committee and Congress a 

13 report identifying the failure and indi14 cating what actions the head of the covered 

15 agency has taken or plans to take in re16 sponse to the failure. 

17 (3) OTHER ROTATIONAL REQUIREMENTS.— 

18 (A) CREDIT FOR SERVICE IN ANOTHER

19 COMPONENT WITHIN AN AGENCY.—Service per20 formed during the first 3 fiscal years after the 

21 fiscal year in which an ICI is identified by the 

22 Committee by an employee in a rotation to an 

23 ICI position in another component of the cov24 ered agency that employs the employee that is 

25 identified under subparagraph (B) shall conVerDate Mar 15 2010 01:00 Jun 20, 2012 Jkt 019200 PO 00000 Frm 00692 Fmt 6652 Sfmt 6201 E:\BILLS\H4310.RFS H4310

smartinez on DSK6TPTVN1PROD with BILLS
693 

HR 4310 RFS

1 stitute interagency rotational service for pur2 poses of this section. 

3 (B) IDENTIFICATION OF COMPONENTS.— 

4 Subject to approval by the Committee, the head 

5 of a covered agency may identify the compo6 nents of the covered agency that are sufficiently 

7 independent in functionality for service in a ro8 tation in the component to qualify as service in 

9 another component of the covered agency for 

10 purposes of subparagraph (A). 

11 (g) IMPLEMENTATION.— 

12 (1) ICIS AND ICI POSITIONS.— 

13 (A) IN GENERAL.—During each of the 

14 first 4 fiscal years after the fiscal year in which 

15 this Act is enacted— 

16 (i) there shall be 2 ICIs, which shall 

17 be an ICI for emergency management and 

18 an ICI for stabilization and reconstruction; 

19 and 

20 (ii) not less than 20 employees and 

21 not more than 25 employees in the execu22 tive branch of the Government shall per23 form service in an ICI position in another 

24 covered agency or in an interagency body 


smartinez on DSK6TPTVN1PROD with BILLS
694 

HR 4310 RFS

1 that is not within the agency employing 

2 the employee under this subtitle. 

3 (B) LOCATION.— 

4 (i) IN GENERAL.—The Committee 

5 shall designate a metropolitan area in 

6 which the ICI for emergency management 

7 will be located and a metropolitan area in 

8 which the ICI for stabilization and recon9 struction will be located. 

10 (ii) SERVICE.—During the first 4 fis11 cal years after the fiscal year in which this 

12 Act is enacted, any service in an ICI posi13 tion in another covered agency or in an 

14 interagency body that is not within the 

15 agency employing the employee shall be 

16 performed— 

17 (I) by an employee who is located 

18 in a metropolitan area for the ICI 

19 designated under clause (i) before be20 ginning service in the ICI position; 

21 and 

22 (II) at a location in a metropoli23 tan area for the ICI designated under 

24 clause (i). 


smartinez on DSK6TPTVN1PROD with BILLS
695 

HR 4310 RFS

1 (2) PRIORITY FOR DETAILS.—During the first 

2 4 fiscal years after the fiscal year in which this Act 

3 is enacted, a covered agency shall give priority in 

4 using amounts available to the covered agency for 

5 details to assigning employees on a rotational basis 

6 under this subtitle. 

7 (h) STRATEGY AND PERFORMANCE EVALUATION.— 

8 (1) ISSUING OF STRATEGY.— 

9 (A) IN GENERAL.—Not later than October 

10 1 of the 3rd fiscal year after the fiscal year in 

11 which this Act is enacted, and every 4 fiscal 

12 years thereafter through the 11th fiscal year 

13 after the fiscal year in which this Act is en14 acted, the Committee shall issue a National Se15 curity Human Capital Strategy to develop the 

16 national security and homeland security per17 sonnel necessary for accomplishing national se18 curity and homeland security objectives that re19 quire integration of personnel and activities 

20 from multiple agencies of the executive branch 

21 of the Government. 

22 (B) CONSULTATIONS WITH CONGRESS.—In 

23 developing or making adjustments to the Na24 tional Security Human Capital Strategy issued 

25 under subparagraph (A), the Committee— 


smartinez on DSK6TPTVN1PROD with BILLS
696 

HR 4310 RFS

1 (i) shall consult at least annually with 

2 Congress, including majority and minority 

3 views from all appropriate authorizing, ap4 propriations, and oversight committees; 

5 and 

6 (ii) as the Committee determines ap7 propriate, shall solicit and consider the 

8 views and suggestions of entities poten9 tially affected by or interested in the strat10 egy. 

11 (C) CONTENTS OF STRATEGY.—Each Na12 tional Security Human Capital Strategy issued 

13 under subparagraph (A) shall— 

14 (i) provide for the implementation of 

15 this subtitle; 

16 (ii) identify best practices from ICIs 

17 already in operation; 

18 (iii) identify any additional ICIs to be 

19 identified by the Committee; 

20 (iv) include a schedule for the 

21 issuance of directives and establishment of 

22 standards relating to the requirements 

23 under this subtitle by the Committee; 

24 (v) include a description of how the 

25 strategy incorporates views and suggesVerDate Mar 15 2010 01:00 Jun 20, 2012 Jkt 019200 PO 00000 Frm 00696 Fmt 6652 Sfmt 6201 E:\BILLS\H4310.RFS H4310

smartinez on DSK6TPTVN1PROD with BILLS
697 

HR 4310 RFS

1 tions obtained through the consultations 

2 with Congress required under subpara3 graph (B); 

4 (vi) include an assessment of perform5 ance measures over a multi-year period, 

6 such as— 

7 (I) the percentage of ICI posi8 tions available for service by employ9 ees from another covered agency for 

10 which such employees performed such 

11 service; 

12 (II) the number of personnel par13 ticipating in interagency rotational 

14 service in each covered agency and 

15 interagency body; 

16 (III) the length of interagency 

17 rotational service under this subtitle; 

18 (IV) reports by the heads of cov19 ered agencies submitted under sub20 section (f)(2)(B)(ii); 

21 (V) the training and education of 

22 personnel who perform interagency ro23 tational service, and the evaluation by 

24 the Committee of the training and 

25 education; 


smartinez on DSK6TPTVN1PROD with BILLS
698 

HR 4310 RFS

1 (VI) the positions (including 

2 grade level) held by employees who 

3 perform interagency rotational service 

4 during the period beginning on the 

5 date on which the interagency rota6 tional service terminates and ending 

7 on the date of the assessment; and 

8 (VII) to the extent possible, the 

9 evaluation of the Committee of the 

10 utility of interagency rotational service 

11 in improving interagency integration. 

12 (2) REPORTS.—Not later than October 1 of the 

13 2nd fiscal year after a fiscal year in which the Com14 mittee issues a National Security Human Capital 

15 Strategy under paragraph (1), the Committee shall 

16 assess the performance measures described in para17 graph (1)(C)(vi). 

18 (3) SUBMISSION TO CONGRESS.—Not later than 

19 30 days after the date on which the Committee 

20 issues a National Security Human Capital Strategy 

21 under paragraph (1) or assesses performance meas22 ures under paragraph (2), the Committee shall sub23 mit the strategy or assessment to Congress. 

24 (i) GAO STUDY OF INTERAGENCY ROTATIONAL

25 SERVICE.—Not later than the end of the 2nd fiscal year 


smartinez on DSK6TPTVN1PROD with BILLS
699 

HR 4310 RFS

1 after the fiscal year in which this Act is enacted, the 

2 Comptroller General of the United States shall submit to 

3 Congress a report regarding— 

4 (1) the extent to which performing service in an 

5 ICI position in another covered agency or an inter6 agency body under this subtitle enabled the employ7 ees performing the service to gain an adequately de8 tailed understanding of and perspective on the cov9 ered agency or interagency body, including an as10 sessment of the effect of— 

11 (A) the period of service; and 

12 (B) the duties performed by the employees 

13 during the service; 

14 (2) the effectiveness of the Committee and the 

15 staff of the Committee funded under subsection 

16 (c)(5)(E)(ii) in overseeing and managing interagency 

17 rotational service under this subtitle, including an 

18 evaluation of any directives or standards issued by 

19 the Committee; 

20 (3) the participation of covered agencies in 

21 interagency rotational service under this subtitle, in22 cluding whether each covered agency that performs 

23 a mission relating to an ICI in effect— 

24 (A) identified positions within the covered 

25 agency as ICI positions; 


smartinez on DSK6TPTVN1PROD with BILLS
700 

HR 4310 RFS

1 (B) had 1 or more employees from another 

2 covered agency perform service in an ICI posi3 tion in the covered agency; or 

4 (C) had 1 or more employees of the cov5 ered agency perform service in an ICI position 

6 in another covered agency; 

7 (4) the positions (including grade level) held by 

8 employees after completing interagency rotational 

9 service under this subtitle, and the extent to which 

10 the employees were rewarded for the service; and 

11 (5) the extent to which or likelihood that inter12 agency rotational service under this subtitle has im13 proved or is expected to improve interagency inte14 gration. 

15 (j) PROHIBITION OF PRINTED REPORTS.—Each 

16 strategy, plan, report, or other submission required under 

17 this subtitle— 

18 (1) shall be made available by the agency 

19 issuing the strategy, plan, report, or other submis20 sion only in electronic form; and 

21 (2) shall not be made available by the agency 

22 in printed form. 

23 (k) EXCLUSION.—This subtitle shall not apply to any 

24 element of the intelligence community. 


smartinez on DSK6TPTVN1PROD with BILLS
701 

HR 4310 RFS

1 TITLE XII—MATTERS RELATING 

2 TO FOREIGN NATIONS 

3 Subtitle A—Assistance and 

4 Training 

5 SEC. 1201. COMMANDERS’ EMERGENCY RESPONSE PRO6 GRAM IN AFGHANISTAN. 

7 (a) AUTHORITY FOR FISCAL YEAR 2013.—Sub8 section (a) of section 1201 of the National Defense Au9 thorization Act for Fiscal Year 2012 (Public Law 112– 

10 81; 125 Stat. 1619) is amended— 

11 (1) in the heading, by striking ‘‘FISCAL YEAR

12 2012’’ and inserting ‘‘FISCAL YEAR 2013’’; and 

13 (2) by striking ‘‘fiscal year 2012’’ and inserting 

14 ‘‘fiscal year 2013’’. 

15 (b) QUARTERLY REPORTS.—Subsection (b)(1) of 

16 such section is amended by striking ‘‘fiscal year 2012’’ 

17 and inserting ‘‘fiscal year 2013’’. 

18 (c) EXTENSION OF AUTHORITY TO ACCEPT CON19 TRIBUTIONS.—Subsection (f) of such section is amended 

20 by striking ‘‘in fiscal year 2012’’ and inserting ‘‘during 

21 any period during which the authority of subsection (a) 

22 is in effect’’. 


smartinez on DSK6TPTVN1PROD with BILLS
702 

HR 4310 RFS

1 SEC. 1202. MODIFICATION OF AUTHORITIES RELATING TO 

2 PROGRAM TO BUILD THE CAPACITY OF FOR3 EIGN MILITARY FORCES. 

4 (a) AUTHORIZED ELEMENTS.—Section 1206(b)(1) of 

5 the National Defense Authorization Act for Fiscal Year 

6 2006 (Public Law 109–163; 119 Stat. 3457), as amended 

7 by the John Warner National Defense Authorization Act 

8 for Fiscal Year 2007 (Public Law 109–364; 120 Stat. 

9 2418), is further amended by striking ‘‘equipment, sup10 plies and training’’ and inserting ‘‘equipment, supplies, 

11 training, and small-scale military construction activities’’. 

12 (b) USE OF FUNDS FOR FISCAL YEAR 2013.—Sub13 section (c) of such section, as most recently amended by 

14 section 1204(a) of the National Defense Authorization Act 

15 for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 

16 1621), is further amended by adding at the end the fol17 lowing: 

18 ‘‘(6) USE OF FUNDS FOR FISCAL YEAR 2013.— 

19 ‘‘(A) LIMITATION ON SMALL-SCALE MILI20 TARY CONSTRUCTION ACTIVITIES.—Of amounts 

21 available under this subsection for the authority 

22 in subsection (a) for fiscal year 2013— 

23 ‘‘(i) not more than $750,000 may be 

24 obligated or expended for small-scale mili25 tary construction activities (as described in 


smartinez on DSK6TPTVN1PROD with BILLS
703 

HR 4310 RFS

1 subsection (b)(1)) under a program au2 thorized under subsection (a); and 

3 ‘‘(ii) not more than $25,000,000 may 

4 be obligated or expended for small-scale 

5 military construction activities (as de6 scribed in subsection (b)(1)) under all pro7 grams authorized under subsection (a). 

8 ‘‘(B) AVAILABILITY OF FUNDS FOR PRO9 GRAMS DURING FISCAL YEAR 2014.— 

10 ‘‘(i) IN GENERAL.—Subject to clause 

11 (ii), not more than 20 percent of amounts 

12 available under this subsection for the au13 thority in subsection (a) for fiscal year 

14 2013 may be obligated and expended to 

15 conduct or support a program authorized 

16 under subsection (a) during fiscal year 

17 2014. 

18 ‘‘(ii) NOTIFICATION.—Whenever the 

19 Secretary of Defense decides, with the con20 currence of the Secretary of State, to con21 duct or support a program authorized 

22 under subsection (a) during fiscal year 

23 2014 using amounts described in clause 

24 (i), the Secretary of Defense shall submit 

25 to the congressional committees specified 


smartinez on DSK6TPTVN1PROD with BILLS
704 

HR 4310 RFS

1 in paragraph (3) of subsection (e) a notifi2 cation in writing of that decision in accord3 ance with such subsection by not later 

4 than September 30, 2013.’’. 

5 SEC. 1203. THREE-YEAR EXTENSION OF AUTHORITY FOR 

6 NON-RECIPROCAL EXCHANGES OF DEFENSE 

7 PERSONNEL BETWEEN THE UNITED STATES 

8 AND FOREIGN COUNTRIES. 

9 Section 1207(f) of the National Defense Authoriza10 tion Act for Fiscal Year 2010 (Public Law 111–84; 123 

11 Stat. 2514; 10 U.S.C. 168 note) is amended by striking 

12 ‘‘September 30, 2012’’ and inserting ‘‘September 30, 

13 2015’’. 

14 Subtitle B—Matters Relating to 

15 Iraq, Afghanistan, and Pakistan 

16 SEC. 1211. ONE-YEAR EXTENSION OF AUTHORITY FOR RE17 IMBURSEMENT OF CERTAIN COALITION NA18 TIONS FOR SUPPORT PROVIDED TO UNITED 

19 STATES MILITARY OPERATIONS. 

20 (a) EXTENSION.—Subsection (a) of section 1233 of 

21 the National Defense Authorization Act for Fiscal Year 

22 2008 (Public Law 110–181; 122 Stat. 393), as most re23 cently amended by section 1213 of the National Defense 

24 Authorization Act for Fiscal Year 2012 (Public Law 112– 

25 81; 125 Stat. 1630), is further amended— 


smartinez on DSK6TPTVN1PROD with BILLS
705 

HR 4310 RFS

1 (1) by striking ‘‘fiscal year 2012’’ and inserting 

2 ‘‘fiscal year 2013’’; and 

3 (2) by striking ‘‘Operation Iraqi Freedom or’’. 

4 (b) LIMITATION ON AMOUNT AVAILABLE.—Sub5 section (d)(1) of such section, as so amended, is further 

6 amended— 

7 (1) by striking ‘‘fiscal year 2012’’ and inserting 

8 ‘‘fiscal year 2013’’; 

9 (2) by striking ‘‘$1,690,000,000’’ and inserting 

10 ‘‘$1,650,000,000’’; and 

11 (3) by adding at the end the following: ‘‘Of the 

12 aggregate amount specified in the preceding sen13 tence, the total amount of reimbursements made 

14 under subsection (a) and support provided under 

15 subsection (b) to Pakistan during fiscal year 2013 

16 may not exceed $650,000,000.’’. 

17 (c) ADDITIONAL LIMITATION ON REIMBURSEMENT

18 OF THE GOVERNMENT OF PAKISTAN.—Such section, as 

19 so amended, is further amended— 

20 (1) by redesignating subsection (f) as sub21 section (g); and 

22 (2) by inserting after subsection (e) the fol23 lowing: 

24 ‘‘(f) ADDITIONAL LIMITATION ON REIMBURSEMENT

25 OF THE GOVERNMENT OF PAKISTAN.—In addition to the 


smartinez on DSK6TPTVN1PROD with BILLS
706 

HR 4310 RFS

1 other requirements of this section, reimbursements au2 thorized by subsection (a) and the support authorized by 

3 subsection (b) may be made to the Government of Paki4 stan for support of United States military operations for 

5 fiscal year 2013 only if the Secretary of Defense submits 

6 to the congressional defense committees the following: 

7 ‘‘(1) A report that contains a description of— 

8 ‘‘(A) a model for reimbursement, including 

9 how claims are proposed and adjudicated; 

10 ‘‘(B) new conditions or caveats that the 

11 Government of Pakistan places on the use of its 

12 supply routes; and 

13 ‘‘(C) the estimated differences in costs as14 sociated with transit through supply routes in 

15 Pakistan for fiscal year 2011 as compared to 

16 fiscal year 2013. 

17 ‘‘(2) A certification of the Secretary of Defense 

18 that the Government of Pakistan is taking demon19 strable steps to— 

20 ‘‘(A) supporting counterterrorism oper21 ations against Al Qaeda, its associated move22 ments, the Haqqani Network, and other domes23 tic and foreign terrorist organizations; 


smartinez on DSK6TPTVN1PROD with BILLS
707 

HR 4310 RFS

1 ‘‘(B) dismantling improvised explosive de2 vice (IED) networks and interdicting precursor 

3 chemicals used in the manufacture of IEDs; 

4 ‘‘(C) preventing the proliferation of nu5 clear-related material and expertise; and 

6 ‘‘(D) issuing visas in a timely manner for 

7 United States Government personnel supporting 

8 counterterrorism efforts and assistance pro9 grams in Pakistan. 

10 ‘‘(3) A certification of the Secretary of Defense 

11 that the Government of Pakistan— 

12 ‘‘(A) has opened the Ground Lines of 

13 Communication; 

14 ‘‘(B) is allowing the transit of NATO sup15 plies through Pakistan into Afghanistan; and 

16 ‘‘(C) is supporting retrograde of United 

17 States equipment out of Afghanistan.’’. 

18 SEC. 1212. AUTHORITY TO SUPPORT OPERATIONS AND AC19 TIVITIES OF THE OFFICE OF SECURITY CO20 OPERATION IN IRAQ. 

21 (a) TYPES OF SUPPORT.—Subsection (b) of section 

22 1215 of the National Defense Authorization Act for Fiscal 

23 Year 2012 (Public Law 112–81; 125 Stat. 1631) is 

24 amended— 


smartinez on DSK6TPTVN1PROD with BILLS
708 

HR 4310 RFS

1 (1) by striking ‘‘The operations’’ and inserting 

2 the following: 

3 ‘‘(1) IN GENERAL.—The operations’’; and 

4 (2) by adding at the end the following: 

5 ‘‘(2) TRAIN AND ASSIST.—The operations and 

6 activities that may be carried out by the Office of 

7 Security Cooperation in Iraq using funds provided 

8 under subsection (a) may, with the concurrence of 

9 the Secretary of State, include training and assisting 

10 Iraqi Ministry of Defense personnel.’’. 

11 (b) LIMITATION ON AMOUNT.—Subsection (c) of 

12 such section is amended by inserting at the end before 

13 the period the following: ‘‘and in fiscal year 2013 may not 

14 exceed $508,000,000’’. 

15 (c) SOURCE OF FUNDS.—Subsection (d) of such sec16 tion is amended— 

17 (1) by inserting ‘‘or fiscal year 2013’’ after 

18 ‘‘fiscal year 2012’’; and 

19 (2) by striking ‘‘that fiscal year’’ and inserting 

20 ‘‘fiscal year 2012 or 2013, as the case may be,’’. 

21 (d) REPORT.— 

22 (1) IN GENERAL.—Not later than 180 days 

23 after the date of the enactment of this Act, the Sec24 retary of Defense, in consultation with the Secretary 

25 of State, shall submit to the appropriate congresVerDate Mar 15 2010 01:00 Jun 20, 2012 Jkt 019200 PO 00000 Frm 00708 Fmt 6652 Sfmt 6201 E:\BILLS\H4310.RFS H4310

smartinez on DSK6TPTVN1PROD with BILLS
709 

HR 4310 RFS

1 sional committees a report on the Office of Security 

2 Cooperation in Iraq. 

3 (2) MATTERS TO BE INCLUDED.—The report 

4 shall include the following: 

5 (A) The plan to consolidate Office sites. 

6 (B) The status of any pending requests for 

7 additional United States military forces for the 

8 Office. 

9 (C) The legal status and legal protections 

10 provided to Office personnel, the operational 

11 impact of such status and protections, and the 

12 associated constraints on the operational capac13 ity of such personnel by reason of their legal 

14 status. 

15 (D) The operational and functional limita16 tions and authorities of Office personnel. 

17 (E) A description of potential direct 

18 threats to Office personnel and their capacity to 

19 provide adequate force protection to thwart 

20 those threats. 

21 (3) FORM.—The report shall be submitted in 

22 unclassified form, but may contain a classified annex 

23 if necessary. 

24 (4) DEFINITION.—In this section, the term 

25 ‘‘appropriate congressional committees’’ means— 


smartinez on DSK6TPTVN1PROD with BILLS
710 

HR 4310 RFS

1 (A) the congressional defense committees; 

2 and 

3 (B) the Committee on Foreign Relations of 

4 the Senate and the Committee on Foreign Af5 fairs of the House of Representatives. 

6 SEC. 1213. ONE-YEAR EXTENSION OF AUTHORITY TO USE 

7 FUNDS FOR REINTEGRATION ACTIVITIES IN 

8 AFGHANISTAN. 

9 Section 1216 of the Ike Skelton National Defense 

10 Authorization Act for Fiscal Year 2011 (Public Law 111– 

11 383; 124 Stat. 4392), as amended by section 1216 of the 

12 National Defense Authorization Act for Fiscal Year 2012 

13 (Public Law 112–81; 125 Stat. 1632), is further amend14 ed— 

15 (1) in subsection (a)— 

16 (A) by striking ‘‘$50,000,000’’ and insert17 ing ‘‘$35,000,000’’; and 

18 (B) by striking ‘‘in each of fiscal years 

19 2011 and 2012’’ and inserting ‘‘for fiscal year 

20 2013’’; and 

21 (2) in subsection (e)— 

22 (A) by striking ‘‘utilize funds’’ and insert23 ing ‘‘obligate funds’’; and 

24 (B) by striking ‘‘December 31, 2012’’ and 

25 inserting ‘‘December 31, 2013’’. 


smartinez on DSK6TPTVN1PROD with BILLS
711 

HR 4310 RFS

1 SEC. 1214. PROHIBITION ON USE OF PRIVATE SECURITY 

2 CONTRACTORS AND MEMBERS OF THE AF3 GHAN PUBLIC PROTECTION FORCE TO PRO4 VIDE SECURITY FOR MEMBERS OF THE 

5 ARMED FORCES AND MILITARY INSTALLA6 TIONS AND FACILITIES IN AFGHANISTAN. 

7 (a) FINDINGS.—Congress makes the following find8 ings: 

9 (1) According to the Department of Defense, as 

10 of February 1, 2012, there had been 42 insider at11 tacks on coalition forces since 2007 by the Afghan 

12 National Army, Afghan National Police, or Afghan 

13 nationals hired by private security contractors to 

14 guard United States bases and facilities in Afghani15 stan. 

16 (2) The Department of Defense data shows 

17 that the trend of insider attacks is increasing. 

18 (3) Members of the Armed Forces of the 

19 United States continue to be garrisoned and housed 

20 in facilities and installations in Afghanistan that are 

21 guarded by private security contractors and not by 

22 United States or coalition forces. 

23 (4) President Karzai has prohibited the use of 

24 private security contractors in Afghanistan and de25 termined that beginning in March, 2012, the Afghan 

26 Ministry of Interior will provide Afghan Public ProVerDate Mar 15 2010 01:00 Jun 20, 2012 Jkt 019200 PO 00000 Frm 00711 Fmt 6652 Sfmt 6201 E:\BILLS\H4310.RFS H4310

smartinez on DSK6TPTVN1PROD with BILLS
712 

HR 4310 RFS

1 tection Forces on a reimbursable basis to those de2 siring to contract for additional security. 

3 (5) The Afghan Ministry of Interior will have 

4 the primary responsibility for screening and vetting 

5 the Afghan nationals who will comprise the Afghan 

6 Public Protection Force. 

7 (6) The current force levels in Afghanistan are 

8 necessary to accomplish the International Security 

9 Assistance Force mission and force protection for 

10 members of the Armed Forces garrisoned and 

11 housed in Afghanistan should not come at the ex12 pense of mission success. 

13 (7) The President of the United States has 

14 begun to draw down United States military forces in 

15 Afghanistan and has committed to continue this 

16 drawdown through 2014. 

17 (8) The redeployment phase of any military op18 eration brings increasing vulnerabilities to members 

19 of the Armed Forces. 

20 (9) It is the responsibility of the Commander in 

21 Chief to provide for the security for members of the 

22 Armed Forces deployed to Afghanistan and to miti23 gate internal threats to such forces to the greatest 

24 extent possible, while continuing to meet the objec25 tives of the International Security Assistance Force 


smartinez on DSK6TPTVN1PROD with BILLS
713 

HR 4310 RFS

1 mission in Afghanistan, including the training and 

2 equipping of the Afghan National Security Forces in 

3 order that they may provide for their own security. 

4 (b) SENSE OF CONGRESS.—It is the sense of Con5 gress that— 

6 (1) the best security and force protection for 

7 members of the Armed Forces garrisoned and 

8 housed in Afghanistan should be provided; 

9 (2) better security and force protection for 

10 members of the Armed Forces garrisoned and 

11 housed in Afghanistan can be provided by United 

12 States military personnel than private security con13 tractors or members of the Afghan Public Protection 

14 Force; 

15 (3) the President should take action in light of 

16 the increased risk to members of the Armed Forces 

17 during this transitional period in Afghanistan and 

18 the increasing number of insider attacks; and 

19 (4) the United States remains committed to 

20 mission success in Afghanistan in light of the na21 tional security interests in the region and the sac22 rifice and commitment of the United States Armed 

23 Forces over the last ten years. 

24 (c) PROHIBITION.—Notwithstanding section 2465 of 

25 title 10, United States Code, funds appropriated to the 


smartinez on DSK6TPTVN1PROD with BILLS
714 

HR 4310 RFS

1 Department of Defense may not be obligated or expended 

2 for the purpose of— 

3 (1) entering into a contract for the performance 

4 of security-guard functions at a military installation 

5 or facility in Afghanistan at which members of the 

6 Armed Forces deployed to Afghanistan are garri7 soned or housed; 

8 (2) otherwise employing private security con9 tractors to provide security for members of the 

10 Armed Forces deployed to Afghanistan; or 

11 (3) employing the Afghan Public Protection 

12 Force to provide security for such members or to 

13 perform such security-guard functions at such a 

14 military installation or facility. 

15 (d) REQUIREMENT.— 

16 (1) IN GENERAL.—The President shall ensure 

17 that as many appropriately trained members of the 

18 Armed Forces of the United States as are necessary 

19 are available to— 

20 (A) perform security-guard functions at all 

21 military installations and facilities in Afghani22 stan at which members of the Armed Forces 

23 deployed to Afghanistan are garrisoned or 

24 housed; 


smartinez on DSK6TPTVN1PROD with BILLS
715 

HR 4310 RFS

1 (B) provide security for members of the 

2 Armed Forces deployed to Afghanistan; and 

3 (C) provide adequate counterintelligence 

4 support for such members. 

5 (2) RELATIONSHIP TO OTHER REQUIREMENTS

6 AND LIMITATIONS.—The members of the Armed 

7 Forces required to be made available under para8 graph (1) shall be in addition to— 

9 (A) the number of such members who are 

10 deployed to Afghanistan to support the require11 ments of the North Atlantic Treaty Organiza12 tion mission in Afghanistan and the military 

13 campaign plan of the Commander of the Inter14 national Security and Assistance Force; and 

15 (B) any limitation on force levels that may 

16 be in effect. 

17 (e) WAIVER.—The President may waive the prohibi18 tion under subsection (c) and the requirement under sub19 section (d) if the President submits to Congress a certifi20 cation in writing that— 

21 (1) the use of private security contractors or 

22 the Afghan Public Protection Force can provide a 

23 level of security and force protection for members of 

24 the Armed Forces deployed to Afghanistan that is at 

25 least equal to the security and force protection that 


smartinez on DSK6TPTVN1PROD with BILLS
716 

HR 4310 RFS

1 can be provided by members of the Armed Forces; 

2 and 

3 (2) the Secretary of Defense has ensured that 

4 all employees of private security contractors and 

5 members of the Afghan Public Protection Force pro6 viding security or force protection for members of 

7 the Armed Forces deployed to Afghanistan are inde8 pendently screened and vetted by members of the 

9 Armed Forces of the United States. 

10 (f) REPORT.— 

11 (1) IN GENERAL.—Not later than 30 days after 

12 the end of each quarter of fiscal years 2013 and 

13 2014, the Secretary of Defense shall submit to the 

14 congressional defense committees a report on the fol15 lowing: 

16 (A) Data on attempted and successful at17 tacks by the Afghan National Security Forces, 

18 the Afghan Public Protection Force, and pri19 vate security contractors on United States 

20 Armed Forces and civilian personnel of the De21 partment of Defense. 

22 (B) The number of members of the United 

23 States Armed Forces and civilian personnel of 

24 the Department of Defense wounded or killed 

25 due to such attacks. 


smartinez on DSK6TPTVN1PROD with BILLS
717 

HR 4310 RFS

1 (C) A description of tactical or covert 

2 methods used in such attacks and a description 

3 of motivations for such attacks. 

4 (2) ADDITIONAL INFORMATION.—The first re5 port submitted following the date of the enactment 

6 of this Act and the report submitted for the first 

7 quarter of fiscal year 2014 shall also include the fol8 lowing: 

9 (A) Actions the Department of Defense is 

10 taking to monitor indicators and early warning 

11 signs of infiltration or co-option of the Afghan 

12 National Security Forces, the Afghan Public 

13 Protection Force, and private security contrac14 tors. 

15 (B) The methodology and systematic ap16 proach to resolving disputes between the Af17 ghan National Security Forces and United 

18 States Armed Forces and civilian personnel of 

19 the Department of Defense when such disputes 

20 arise. 

21 (g) DEFINITION.—In this section, the term ‘‘mem22 bers of the Armed Forces deployed to Afghanistan’’ means 

23 members of the Armed Forces deployed to Afghanistan 

24 in support of the International Security Assistance Force 

25 in Afghanistan and members of the Armed Forces of the 


smartinez on DSK6TPTVN1PROD with BILLS
718 

HR 4310 RFS

1 United States deployed to Afghanistan in support of Oper2 ation Enduring Freedom. 

3 SEC. 1215. REPORT ON UPDATES AND MODIFICATIONS TO 

4 CAMPAIGN PLAN FOR AFGHANISTAN. 

5 (a) REPORT REQUIRED.—Not later than 180 days 

6 after the date on which any substantial update or modi7 fication is made to the campaign plan for Afghanistan (in8 cluding the supporting and implementing documents for 

9 such plan), the Comptroller General of the United States 

10 shall submit to the congressional defense committees a re11 port on the updated or modified plan, including an assess12 ment of the updated or modified plan. 

13 (b) EXCEPTION.—The requirement to submit a re14 port under subsection (a) on any substantial update or 

15 modification to the campaign plan for Afghanistan shall 

16 not apply if the Comptroller General— 

17 (1) determines that a report submitted to Con18 gress by the Comptroller General before the date of 

19 the enactment of this Act substantially meets the re20 quirement to submit the report under subsection (a); 

21 and 

22 (2) notifies the congressional defense commit23 tees in writing of the determination under paragraph 

24 (1). 


smartinez on DSK6TPTVN1PROD with BILLS
719 

HR 4310 RFS

1 (c) TERMINATION.—The requirement to submit a re2 port under subsection (a) on any substantial update or 

3 modification to the campaign plan for Afghanistan shall 

4 terminate on September 30, 2014. 

5 (d) REPEAL.—Section 1226 of the National Defense 

6 Authorization Act for Fiscal Year 2010 (Public Law 111– 

7 84; 123 Stat. 2525) is repealed. 

8 SEC. 1216. UNITED STATES MILITARY SUPPORT IN AFGHAN9 ISTAN. 

10 (a) SENSE OF CONGRESS.—It is the sense of Con11 gress that— 

12 (1) following Al Qaeda’s attacks on the United 

13 States on September 11, 2001, United States and 

14 coalition forces have achieved significant progress to15 ward security and stability in Afghanistan; 

16 (2) as the United States completes transfer of 

17 the lead for security to the Afghan National Security 

18 Forces by the end of 2014, the United States should 

19 ensure that the gains in security are maintained; 

20 (3) the United States mission in Afghanistan 

21 continues to be to disrupt, dismantle, and defeat al 

22 Qaeda, as well as to prevent its return to either Af23 ghanistan or Pakistan; 

24 (4) the specific objectives in Afghanistan are to 

25 deny safe haven to Al Qaeda and to deny the 


smartinez on DSK6TPTVN1PROD with BILLS
720 

HR 4310 RFS

1 Taliban the ability to overthrow the Afghan Govern2 ment; 

3 (5) the Taliban, Haqqanis, and associated in4 surgents continue to enjoy safe havens in Pakistan, 

5 but are unlikely to be capable of overthrowing the 

6 Afghan Government unless the United States with7 draws forces precipitously from Afghanistan; 

8 (6) the Haqqani Network provides unique capa9 bilities and capacity to the Afghan Taliban, and ad10 ditionally, serves as a combat multiplier to the Af11 ghan insurgency due to its geographic primacy over 

12 the key terrain of the Paktika, Paktia, and Khost 

13 provinces, as well as North and South Waziristan, 

14 and willingness to introduce international weaponry 

15 and technology into the battle space and serve as the 

16 reception point and integrator of international for17 eign fighters into the Afghan insurgency; 

18 (7) the Haqqani Network has been the most 

19 important Afghan-based protector of Al Qaeda; 

20 (8) the unique capabilities and effects brought 

21 to the battle space by the Haqqani Network neces22 sitate that the Government of Afghanistan should 

23 have superior operational capacity in order to main24 tain the security of Afghanistan over time; 


smartinez on DSK6TPTVN1PROD with BILLS
721 

HR 4310 RFS

1 (9) the United States military should not main2 tain an indefinite combat mission in Afghanistan 

3 and should transition to a counter-terrorism and ad4 vise and assist mission at the earliest practicable 

5 date, consistent with conditions on the ground; 

6 (10) significant uncertainty exists within Af7 ghanistan regarding the level of future United 

8 States military support; and 

9 (11) in order to reduce this uncertainty, and to 

10 promote further stability and security in Afghani11 stan, the President should— 

12 (A) fully consider the International Secu13 rity Assistance Force Commander’s assessment 

14 regarding the need for the United States to 

15 maintain a ‘‘significant combat presence 

16 through 2013’’; 

17 (B) maintain a force of at least 68,000 

18 troops through December 31, 2014, unless 

19 fewer forces can achieve United States objec20 tives; 

21 (C) maintain a credible troop presence 

22 after December 31, 2014, sufficient to conduct 

23 counter-terrorism and train and advise the Af24 ghan National Security Forces, consistent with 


smartinez on DSK6TPTVN1PROD with BILLS
722 

HR 4310 RFS

1 the Strategic Partnership Agreement (signed on 

2 May 2, 2012); and 

3 (D) maintain sufficient funding for the Af4 ghan National Security Forces to accomplish 

5 the objectives described in paragraphs (3), (4), 

6 and (8). 

7 (b) NOTIFICATION.—The President shall notify the 

8 congressional defense committees of any decision to reduce 

9 the number of United States Armed Forces deployed in 

10 Afghanistan below the number of such Armed Forces de11 ployed in Afghanistan on— 

12 (1) December 31, 2012; 

13 (2) December 31, 2013; and 

14 (3) December 31, 2014, 

15 prior to any public announcement of any such decision to 

16 reduce the number of United States Armed Forces de17 ployed in Afghanistan. 

18 (c) MATTERS TO INCLUDE IN NOTIFICATION.—As 

19 part of a notification required by subsection (b), the Presi20 dent shall— 

21 (1) provide an assessment of the relevant secu22 rity risk metrics associated with the marginal reduc23 tion in force levels; and 

24 (2) provide a by-unit assessment of the oper25 ational capability of the Afghan National Security 


smartinez on DSK6TPTVN1PROD with BILLS
723 

HR 4310 RFS

1 Forces to independently conduct the required oper2 ations to maintain security in Afghanistan. 

3 SEC. 1217. EXTENSION AND MODIFICATION OF PAKISTAN 

4 COUNTERINSURGENCY FUND. 

5 (a) IN GENERAL.—Section 1224(h) of the National 

6 Defense Authorization Act for Fiscal Year 2010 (Public 

7 Law 111–84; 123 Stat. 2521), as most recently amended 

8 by section 1220 of the National Defense Authorization Act 

9 for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 

10 1633), is further amended by striking ‘‘September 30, 

11 2012’’ both places it appears and inserting ‘‘September 

12 30, 2013’’. 

13 (b) LIMITATION ON FUNDS SUBJECT TO REPORT

14 AND UPDATES.—Section 1220(b) of the National Defense 

15 Authorization Act for Fiscal Year 2012 (Public Law 112– 

16 81; 125 Stat. 1633) is amended— 

17 (1) in the heading of paragraph (1), by insert18 ing ‘‘FOR FISCAL YEAR 2012’’ after ‘‘FUNDS’’; 

19 (2) by redesignating paragraphs (2), (3), and 

20 (4) as paragraphs (3), (4), and (5), respectively; 

21 (3) by inserting after paragraph (1) the fol22 lowing: 

23 ‘‘(2) LIMITATION ON FUNDS FOR FISCAL YEAR

24 2013; REPORT REQUIRED.—Of the amounts appro25 priated or transferred to the Fund for fiscal year 


smartinez on DSK6TPTVN1PROD with BILLS
724 

HR 4310 RFS

1 2013, not more than 10 percent of such amounts 

2 may be obligated or expended until 30 days after the 

3 date on which the Secretary of Defense, with the 

4 concurrence of the Secretary of State, submits to the 

5 appropriate congressional committees an update of 

6 the report required under paragraph (1).’’; 

7 (4) in paragraph (3) (as redesignated)— 

8 (A) by inserting ‘‘after fiscal year 2013’’ 

9 after ‘‘any fiscal year’’; 

10 (B) by striking ‘‘requested to be’’; and 

11 (C) by striking ‘‘at the same time that the 

12 President’s budget is submitted pursuant to 

13 section 1105(a) of title 31, United States 

14 Code’’ and inserting ‘‘not later than 45 days be15 fore amounts in the Fund are made available to 

16 the Secretary of Defense’’; and 

17 (5) in paragraph (4) (as redesignated), by strik18 ing ‘‘the update required under paragraph (2)’’ and 

19 inserting ‘‘the updates required under paragraphs 

20 (2) and (3)’’. 

21 SEC. 1218. MODIFICATION OF REPORT ON PROGRESS TO22 WARD SECURITY AND STABILITY IN AFGHAN23 ISTAN. 

24 (a) IN GENERAL.—Section 1230 of the National De25 fense Authorization Act for Fiscal Year 2008 (Public Law 


smartinez on DSK6TPTVN1PROD with BILLS
725 

HR 4310 RFS

1 110–181; 122 Stat. 385), as most recently amended by 

2 section 1218(a) of the National Defense Authorization Act 

3 for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 

4 1632), is further amended— 

5 (1) by redesignating subsections (e), (f), and 

6 (g) as subsections (f), (g), and (h), respectively; and 

7 (2) by inserting after subsection (d) the fol8 lowing: 

9 ‘‘(e) ADDITIONAL MATTERS TO BE INCLUDED ON

10 AFGHANISTAN NATIONAL SECURITY FORCES.—In report11 ing on performance indicators and measures of progress 

12 required under subsection (d)(2)(D), the report required 

13 under subsection (a) shall assess the following: 

14 ‘‘(1) For overall Afghanistan National Security 

15 Forces (ANSF): 

16 ‘‘(A) Overall Afghan National Army 

17 (ANA) and Afghan National Police (ANP) lit18 eracy rate; ANA and ANP literacy rate by re19 gion; ANSF literacy rate by Kandak, Brigade, 

20 and Corps; trends over time; and how literacy 

21 improvements have enhanced associated mission 

22 essential competencies and professionalization 

23 of the ANSF. 

24 ‘‘(B) An assessment of the ANA and the 

25 ANP interaction with the Afghan civilian popuVerDate Mar 15 2010 01:00 Jun 20, 2012 Jkt 019200 PO 00000 Frm 00725 Fmt 6652 Sfmt 6201 E:\BILLS\H4310.RFS H4310

smartinez on DSK6TPTVN1PROD with BILLS
726 

HR 4310 RFS

1 lation, respect for human rights, and associated 

2 professional education. 

3 ‘‘(C) By fiscal year (current and one-year 

4 projected) budget requirements. 

5 ‘‘(D) A by-country outline of contributions 

6 for the current fiscal year and one-year pro7 jected fiscal year. 

8 ‘‘(E) By-Kandak Mission Essential Task 

9 List proficiency. 

10 ‘‘(2) For recruitment: 

11 ‘‘(A) Outline of screening criteria. 

12 ‘‘(B) Literacy rate of all recruits. 

13 ‘‘(C) Outline of the security vetting proce14 dures. 

15 ‘‘(D) Percentage screened that are not eli16 gible to serve. 

17 ‘‘(E) Percentage screened that report for 

18 entry level training. 

19 ‘‘(F) Percentage attained of the required 

20 ANA end strength, of the ANP end strength, 

21 and overall ANSF end strength. 

22 ‘‘(G) Trends in each above mentioned cat23 egory from the prior fiscal year through the 

24 current report deadline. 

25 ‘‘(3) For entry-level training: 


smartinez on DSK6TPTVN1PROD with BILLS
727 

HR 4310 RFS

1 ‘‘(A) Percentage that entered and success2 fully complete training. 

3 ‘‘(B) A by-specialty list of all recruits that 

4 fail to graduate entry level training for the 

5 ANA and ANP. 

6 ‘‘(C) Percentage of recruits that become 

7 unaccounted (UA) for or are ‘Absent Without 

8 Leave’ (AWOL) during training. 

9 ‘‘(D) Trends in each above mentioned cat10 egory from the prior fiscal year through the 

11 current report deadline. 

12 ‘‘(4) For personnel administration: 

13 ‘‘(A) Percentage of the ANSF that was 

14 paid on time. 

15 ‘‘(B) UA/AWOL rate by Kandak, Brigade, 

16 and Corps. 

17 ‘‘(C) Trends in each above mentioned cat18 egory from the prior fiscal year through the 

19 current report deadline. 

20 ‘‘(5) For professionalization of the ANSF: 

21 ‘‘(A) Percentage of noncommissioned offi22 cer corps personnel as compared to noncommis23 sioned officer corps end-strength requirements. 


smartinez on DSK6TPTVN1PROD with BILLS
728 

HR 4310 RFS

1 ‘‘(B) Number of enlisted, noncommissioned 

2 officer corps, and officers that complete con3 tinuing education. 

4 ‘‘(C) An assessment of the noncommis5 sioned officer corps continuing education pro6 gram. 

7 ‘‘(6) For retention: 

8 ‘‘(A) On average time ANA and ANP per9 sonnel remain in their respective units. 

10 ‘‘(B) By-fiscal year, by-Kandak percentage 

11 of personnel retained and personnel attrition 

12 from the prior fiscal year through the current 

13 report deadline. 

14 ‘‘(7) For logistics: 

15 ‘‘(A) On average percentage shortfall, by 

16 Kandak, of Class I-IX supplies, which includes 

17 Class I - Food, rations, and water; Class II – 

18 Clothing; Class III - Petroleum, oils, and lubri19 cants; Class IV - Fortification and barrier ma20 terials; Class V – Ammunition; Class VII - 

21 Major End Items; Class VIII - Medical sup22 plies; and Class IX - Repair Parts. 

23 ‘‘(B) On average number of days to fill 

24 supply requests to address operational short25 falls. 


smartinez on DSK6TPTVN1PROD with BILLS
729 

HR 4310 RFS

1 ‘‘(C) Operational readiness rate for all mis2 sion essential equipment by Kandak, Brigade, 

3 and Corps. 

4 ‘‘(8) For transition: 

5 ‘‘(A) Provide the framework that ISAF, in 

6 conjunction with the Afghan government, uses 

7 to synthesize ANSF performance metrics and 

8 adjudicate transition of ANSF units through 

9 proficiency levels. 

10 ‘‘(B) A by-Kandak analysis of the on aver11 age time to transition between proficiency levels 

12 since inception of the ANSF transition. 

13 ‘‘(C) A by-region overview of the force 

14 structure mix that is correlated with the evo15 lution of threat picture in the region.’’. 

16 (b) EFFECTIVE DATE.—The amendments made this 

17 section apply with respect to any report required to be 

18 submitted under section 1230 of the National Defense Au19 thorization Act for Fiscal Year 2008 (Public Law 110– 

20 181; 122 Stat. 385) on or after the date of the enactment 

21 of this Act. 

22 SEC. 1219. LIMITATION ON USE OF FUNDS UNDER THE 

23 PAKISTAN COUNTERINSURGENCY FUND. 

24 (a) LIMITATION.—None of the funds authorized to 

25 be appropriated by this Act for the Pakistan CounterVerDate Mar 15 2010 01:00 Jun 20, 2012 Jkt 019200 PO 00000 Frm 00729 Fmt 6652 Sfmt 6201 E:\BILLS\H4310.RFS H4310

smartinez on DSK6TPTVN1PROD with BILLS
730 

HR 4310 RFS

1 insurgency Fund may be used to provide assistance to the 

2 Government of Pakistan until the Secretary of Defense, 

3 in consultation with the Secretary of State, certifies to the 

4 appropriate congressional committees that the Govern5 ment of Pakistan is demonstrating a continuing commit6 ment to and is making significant efforts toward the im7 plementation of a strategy to counter improvised explosive 

8 devices (IEDs), including— 

9 (1) attacking IED networks; 

10 (2) monitoring known precursors used in IEDs; 

11 and 

12 (3) developing a strict protocol for the manufac13 ture of explosive materials, including calcium ammo14 nium nitrate, and accessories and their supply to le15 gitimate end users. 

16 (b) WAIVER.—The Secretary of Defense, in consulta17 tion with the Secretary of State, may waive the require18 ments of subsection (a) if the Secretary determines it is 

19 in the national security interest of the United States to 

20 do so. 

21 (c) DEFINITION.—In this section, the term ‘‘appro22 priate congressional committees’’ means— 

23 (1) the congressional defense committees; and 


smartinez on DSK6TPTVN1PROD with BILLS
731 

HR 4310 RFS

1 (2) the Committee on Foreign Relations of the 

2 Senate and the Committee on Foreign Affairs of the 

3 House of Representatives. 

4 Subtitle C—Matters Relating to 

5 Iran 

6 SEC. 1221. DECLARATION OF POLICY. 

7 (a) FINDINGS.—Congress makes the following find8 ings: 

9 (1) Iran, which has long sought to foment in10 stability and promote extremism in the Middle East, 

11 is now seeking to exploit the dramatic political tran12 sition underway in the region to undermine govern13 ments traditionally aligned with the United States 

14 and support extremist political movements in these 

15 countries. 

16 (2) At the same time, Iran may soon attain a 

17 nuclear weapons capability, a development that 

18 would threaten United States interests, destabilize 

19 the region, encourage regional nuclear proliferation, 

20 further empower and embolden Iran, the world’s 

21 leading state sponsor of terrorism, and provide it the 

22 tools to threaten its neighbors, including Israel. 

23 (3) With the assistance of Iran over the past 

24 several years, Syria, Hezbollah, and Hamas have in25 creased their stockpiles of rockets, with more than 


smartinez on DSK6TPTVN1PROD with BILLS
732 

HR 4310 RFS

1 60,000 rockets now ready to be fired at Israel. Iran 

2 continues to add to its arsenal of ballistic missiles 

3 and cruise missiles, which threaten Iran’s neighbors, 

4 Israel, and United States Armed Forces in the re5 gion. 

6 (4) Preventing Iran from acquiring a nuclear 

7 weapon is among the most urgent national security 

8 challenges facing the United States. 

9 (5) Successive United States administrations 

10 have stated that an Iran armed with a nuclear weap11 on is unacceptable. 

12 (6) President Obama stated on January 24, 

13 2012, ‘‘Let there be no doubt: America is deter14 mined to prevent Iran from getting a nuclear weap15 on, and I will take no options off the table to achieve 

16 that goal.’’. 

17 (7) In order to prevent Iran from developing 

18 nuclear weapons, the United States, in cooperation 

19 with its allies, must utilize all elements of national 

20 power including diplomacy, robust economic sanc21 tions, and credible, visible preparations for a mili22 tary option. 

23 (8) Nevertheless, to date, diplomatic overtures, 

24 sanctions, and other non-kinetic actions toward Iran 


smartinez on DSK6TPTVN1PROD with BILLS
733 

HR 4310 RFS

1 have not caused the Government of Iran to abandon 

2 its nuclear weapons program. 

3 (9) With the impact of additional sanctions un4 certain, additional pressure on the Government of 

5 Iran could come from the credible threat of military 

6 action against Iran’s nuclear program. 

7 (b) DECLARATION OF POLICY.—It shall be the policy 

8 of the United States to take all necessary measures, in9 cluding military action if required, to prevent Iran from 

10 threatening the United States, its allies, or Iran’s neigh11 bors with a nuclear weapon. 

12 SEC. 1222. UNITED STATES MILITARY PREPAREDNESS IN 

13 THE MIDDLE EAST. 

14 (a) SENSE OF CONGRESS.—It is the sense of Con15 gress that— 

16 (1) military exercises conducted in the Persian 

17 Gulf and Gulf of Oman emphasize the United States 

18 resolve and the policy of the United States described 

19 in section 1221(b) by enhancing the readiness of the 

20 United States military and allied forces, as well as 

21 signaling to the Government of Iran the commitment 

22 of the United States to defend its vital national se23 curity interests; and 

24 (2) the President, as Commander in Chief, 

25 should augment the presence of the United States 


smartinez on DSK6TPTVN1PROD with BILLS
734 

HR 4310 RFS

1 Fifth Fleet in the Middle East and to conduct mili2 tary deployments, exercises, or other visible, concrete 

3 military readiness activities to underscore the policy 

4 of the United States described in section 1221(b). 

5 (b) PLAN.— 

6 (1) IN GENERAL.—The Secretary of Defense 

7 shall prepare a plan to augment the presence of the 

8 United States Fifth Fleet in the Middle East and to 

9 conduct military deployments, exercises, or other 

10 visible, concrete military readiness activities to un11 derscore the policy of the United States described in 

12 section 1221(b). 

13 (2) MATTERS TO BE INCLUDED.—The plan re14 quired under paragraph (1) shall include, at a min15 imum, steps necessary for the Armed Forces to sup16 port the policy of the United States described in sec17 tion 1221(b), including— 

18 (A) pre-positioning sufficient supplies of 

19 aircraft, munitions, fuel, and other materials 

20 for both air- and sea-based missions at key for21 ward locations in the Middle East and Indian 

22 Ocean; 

23 (B) maintaining sufficient naval assets in 

24 the region necessary to signal United States re25 solve and to bolster United States capabilities 


smartinez on DSK6TPTVN1PROD with BILLS
735 

HR 4310 RFS

1 to launch a sustained sea and air campaign 

2 against a range of Iranian nuclear and military 

3 targets, to protect seaborne shipping, and to 

4 deny Iranian retaliation against United States 

5 interests in the region; 

6 (C) discussing the viability of deploying at 

7 least two United States aircraft carriers, an ad8 ditional large deck amphibious ship, and a Mine 

9 Countermeasures Squadron in the region on a 

10 continual basis, in support of the actions de11 scribed in subparagraph (B); and 

12 (D) conducting naval fleet exercises similar 

13 to the United States Fifth Fleet’s major exer14 cise in the region in March 2007 to dem15 onstrate ability to keep the Strait of Hormuz 

16 open and to counter the use of anti-ship mis17 siles and swarming high-speed boats. 

18 (3) SUBMISSION TO CONGRESS.—The plan re19 quired under paragraph (1) shall be submitted to 

20 the congressional defense committees not later than 

21 120 days after the date of enactment of this Act. 

22 SEC. 1223. ANNUAL REPORT ON MILITARY POWER OF IRAN. 

23 (a) IN GENERAL.—Section 1245 of the National De24 fense Authorization Act for Fiscal Year 2010 (Public Law 

25 111–84; 123 Stat. 2542) is amended— 


smartinez on DSK6TPTVN1PROD with BILLS
736 

HR 4310 RFS

1 (1) by redesignating subsections (c) and (d) as 

2 subsections (d) and (e), respectively; and 

3 (2) by inserting after subsection (b) the fol4 lowing: 

5 ‘‘(c) COMBATANT COMMANDER ASSESSMENT.—The 

6 report required under subsection (a) shall include an 

7 annex, in classified or unclassified form, that includes an 

8 identification and assessment of the Commander of the 

9 United States Central Command on the following: 

10 ‘‘(1) Any critical gaps in intelligence that limit 

11 the ability of the Commander to counter threats 

12 emanating from Iran. 

13 ‘‘(2) Any gaps in the capabilities, capacity, and 

14 authorities of the Commander to counter Iranian 

15 threats to United States Armed Forces and United 

16 States interests in the region. 

17 ‘‘(3) Any gaps in the capabilities and capacity 

18 of the Commander to take military action against 

19 Iran to prevent Iran from developing a nuclear 

20 weapon. 

21 ‘‘(4) Any other matters the Commander con22 siders to be relevant.’’. 

23 (b) EFFECTIVE DATE.—The amendments made by 

24 subsection (a) take effect on the date of the enactment 

25 of this Act and apply with respect to each report required 


smartinez on DSK6TPTVN1PROD with BILLS
737 

HR 4310 RFS

1 to be submitted under section 1245 of the National De2 fense Authorization Act for Fiscal Year 2010 on or after 

3 such date of enactment. 

4 SEC. 1224. ENHANCING THE DEFENSE OF ISRAEL AND 

5 UNITED STATES INTERESTS IN THE MIDDLE 

6 EAST. 

7 (a) SENSE OF CONGRESS.—It is the sense of Con8 gress that the United States should take the following ac9 tions to assist in the defense of Israel: 

10 (1) Provide Israel such support as may be nec11 essary to increase development and production of 

12 joint missile defense systems, particularly such sys13 tems that defend the urgent threat posed to Israel 

14 and United States forces in the region. 

15 (2) Provide Israel defense articles, intelligence, 

16 and defense services through such mechanisms as 

17 appropriate, to include air refueling tankers, missile 

18 defense capabilities, and specialized munitions. 

19 (3) Allocate additional weaponry and munitions 

20 for the forward-deployed United States stockpile in 

21 Israel. 

22 (4) Provide Israel additional surplus defense ar23 ticles and defense services, as appropriate, in the 

24 wake of the withdrawal of United States forces from 

25 Iraq. 


smartinez on DSK6TPTVN1PROD with BILLS
738 

HR 4310 RFS

1 (5) Offer the Israeli Air Force additional train2 ing and exercise opportunities in the United States 

3 to compensate for Israel’s limited air space. 

4 (6) Expand Israel’s authority to make pur5 chases under section 23 of the Arms Export Control 

6 Act (relating to the ‘‘Foreign Military Financing’’ 

7 program) on a commercial basis. 

8 (7) Seek to enhance the capabilities of the 

9 United States and Israel to address emerging com10 mon threats, increase security cooperation, and ex11 pand joint military exercises. 

12 (8) Encourage an expanded role for Israel with13 in the North Atlantic Treaty Organization (NATO), 

14 including an enhanced presence at NATO head15 quarters and exercises. 

16 (9) Support extension of the long-standing loan 

17 guarantee program for Israel, recognizing Israel’s 

18 unbroken record of repaying its loans on time and 

19 in full. 

20 (10) Expand already-close intelligence coopera21 tion, including satellite intelligence, with Israel. 

22 (b) REPORT ON ISRAEL’S QUALITATIVE MILITARY

23 EDGE.— 

24 (1) STATEMENT OF POLICY.—It is the policy of 

25 the United States— 


smartinez on DSK6TPTVN1PROD with BILLS
739 

HR 4310 RFS

1 (A) to help Israel preserve its qualitative 

2 military edge amid rapid and uncertain regional 

3 political transformation; and 

4 (B) to encourage further development of 

5 advanced technology programs between the 

6 United States and Israel in light of current 

7 trends and instability in the region. 

8 (2) REPORT.—Not later than 180 days after 

9 the date of the enactment of this Act, the President 

10 shall submit to the appropriate congressional com11 mittees a report on the status of Israel’s qualitative 

12 military edge in light of current trends and insta13 bility in the region. 

14 (c) REPORT ON OTHER MATTERS.—Not later than 

15 180 days after the date of the enactment of this Act, the 

16 President shall submit to the appropriate congressional 

17 committees a report on each of the following: 

18 (1) Taking into account Israel’s urgent require19 ment for F–35 aircraft, actions to improve the proc20 ess relating to Israel’s purchase of F–35 aircraft to 

21 improve cost efficiency and timely delivery. 

22 (2) Efforts to expand cooperation between the 

23 United States and Israel in homeland defense, 

24 counter-terrorism, maritime security, cybersecurity, 

25 and other appropriate areas. 


smartinez on DSK6TPTVN1PROD with BILLS
740 

HR 4310 RFS

1 (3) Actions to integrate Israel into the defense 

2 of the Eastern Mediterranean. 

3 SEC. 1225. PLAN TO ENHANCE MILITARY CAPABILITIES OF 

4 PERSIAN GULF ALLIES. 

5 (a) PLAN.—The Secretary of Defense, in consultation 

6 with the Secretary of State, shall develop a plan to en7 hance the military capabilities of Persian Gulf allies to bol8 ster the posture of such allies in relation to Iran. 

9 (b) MATTERS TO BE INCLUDED.—The plan required 

10 under subsection (a) shall include the following: 

11 (1) A description of the means to augment the 

12 offensive strike capabilities of key Gulf Cooperation 

13 Council allies, including the potential sale or up14 grades of strike attack aircraft and bunker buster 

15 munitions, to augment the viability of a credible 

16 military option and to strengthen such allies’ self-de17 fense capabilities against retaliation or military ag18 gression by Iran. 

19 (2) A needs-based assessment, or an update to 

20 an existing needs-based assessment, of the military 

21 requirements of Persian Gulf allies to support a 

22 credible military option and to defend against poten23 tial military aggression by Iran. 

24 (3) A detailed summary of any arms sales and 

25 training requests by Persian Gulf allies and a deVerDate Mar 15 2010 01:00 Jun 20, 2012 Jkt 019200 PO 00000 Frm 00740 Fmt 6652 Sfmt 6201 E:\BILLS\H4310.RFS H4310

smartinez on DSK6TPTVN1PROD with BILLS
741 

HR 4310 RFS

1 scription and justification for United States actions 

2 taken. 

3 (c) RULE OF CONSTRUCTION.—Nothing in the plan 

4 required under subsection (a) shall be construed to alter 

5 Israel’s qualitative military edge. 

6 (d) SUBMISSION TO CONGRESS.—The plan required 

7 under subsection (a) shall be submitted to the appropriate 

8 congressional committees not later than 180 days after the 

9 date of the enactment of this Act. 

10 (e) FORM.—The plan required under subsection (a) 

11 shall be submitted in an unclassified form, but may con12 tain a classified annex. 

13 SEC. 1226. PLAN TO INCREASE STRATEGIC REGIONAL 

14 PARTNERSHIPS. 

15 (a) FINDINGS.—Congress finds the following: 

16 (1) The United States should ensure that it has 

17 the broadest set of geographic approaches to mili18 tarily access Iran. 

19 (2) United States Armed Forces and support 

20 staff currently have access from the eastern, south21 ern, and western borders of Iran. 

22 (3) Azerbaijan borders the northern frontier of 

23 Iran closest to nuclear sites near Tehran and the 

24 Government of Azerbaijan cooperates with the 


smartinez on DSK6TPTVN1PROD with BILLS
742 

HR 4310 RFS

1 United States on Caspian Sea security and energy 

2 issues. 

3 (b) POLICY.—It shall be the policy of the United 

4 States to— 

5 (1) increase pressure on Iran by providing 

6 United States Armed Forces with the broadest set 

7 of geographic approaches to militarily access Iran; 

8 and 

9 (2) explore means to enhance access to military 

10 facilities on the northern border of Iran. 

11 (c) PLAN.— 

12 (1) IN GENERAL.—The Secretary of Defense, in 

13 consultation with the Secretary of State, shall de14 velop a plan to increase the strategic partnership 

15 with regional allies to provide United States Armed 

16 Forces with the broadest set of geographic ap17 proaches to militarily access Iran. 

18 (2) MATTERS TO BE INCLUDED.—The plan re19 quired under paragraph (1) shall include the fol20 lowing information: 

21 (A) Mechanisms to broaden the geo22 graphical approaches to militarily access Iran. 

23 (B) The need, if any, to strengthen the 

24 self-defense capabilities of regional allies as a 

25 result of such partnerships. 


smartinez on DSK6TPTVN1PROD with BILLS
743 

HR 4310 RFS

1 (C) The viability of increasing access for 

2 United States Armed Forces to bases in Azer3 baijan to augment the viability of a credible 

4 military option. 

5 (3) SUBMISSION TO CONGRESS.—The plan re6 quired under paragraph (1) shall be submitted to 

7 the appropriate congressional committees not later 

8 than 180 days after the date of the enactment of 

9 this Act. 

10 SEC. 1227. DEFINITIONS. 

11 In this subtitle: 

12 (1) APPROPRIATE CONGRESSIONAL COMMIT13 TEES.—The term ‘‘appropriate congressional com14 mittees’’ means— 

15 (A) the Committee on Appropriations, the 

16 Committee on Armed Services, and the Com17 mittee on Foreign Affairs of the House of Rep18 resentatives; and 

19 (B) the Committee on Appropriations, the 

20 Committee on Armed Services, and the Com21 mittee on Foreign Relations of the Senate. 

22 (2) QUALITATIVE MILITARY EDGE.—The term 

23 ‘‘qualitative military edge’’ has the meaning given 

24 the term in section 36(h)(2) of the Arms Export 

25 Control Act (22 U.S.C. 2776(h)(2)). 


smartinez on DSK6TPTVN1PROD with BILLS
744 

HR 4310 RFS

1 SEC. 1228. RULE OF CONSTRUCTION. 

2 Nothing in this Act shall be construed as authorizing 

3 the use of force against Iran. 

4 Subtitle D—Reports and Other 

5 Matters 

6 SEC. 1231. ANNUAL REPORT ON MILITARY AND SECURITY 

7 DEVELOPMENTS INVOLVING THE PEOPLE’S 

8 REPUBLIC OF CHINA. 

9 (a) IN GENERAL.—Subsection (b) of section 1202 of 

10 the National Defense Authorization Act for Fiscal Year 

11 2000 (Public Law 106–65; 113 Stat. 781; 10 U.S.C. 113 

12 note), as most recently amended by section 1238 of the 

13 National Defense Authorization Act for Fiscal Year 2012 

14 (Public Law 112–81; 125 Stat. 1642), is further amend15 ed— 

16 (1) by redesignating paragraphs (10), (11), and 

17 (12) as paragraphs (12), (13), and (14), respec18 tively; and 

19 (2) by inserting after paragraph (9) the fol20 lowing: 

21 ‘‘(10) The strategy, goals, and capabilities of 

22 Chinese space programs, including trends, global 

23 and regional activities, the involvement of military 

24 and civilian organizations, including state-owned en25 terprises, academic institutions, and commercial en26 tities, and efforts to develop, acquire, or gain access 


smartinez on DSK6TPTVN1PROD with BILLS
745 

HR 4310 RFS

1 to advanced technologies that would enhance Chi2 nese military capabilities. 

3 ‘‘(11) The strategy, goals, and capabilities of 

4 Chinese cyber activities, including trends, global and 

5 regional activities, the involvement of military and 

6 civilian organizations, including state-owned enter7 prises, academic institutions, and commercial enti8 ties. Relevant analyses and forecasts shall con9 sider— 

10 ‘‘(A) Chinese cyber activities directed 

11 against the Department of Defense; 

12 ‘‘(B) potential harms that may affect De13 partment of Defense communications, com14 puters, networks, systems, or other military as15 sets as a result of a cyber attack; and 

16 ‘‘(C) any other developments regarding 

17 Chinese cyber activities that the Secretary of 

18 Defense determines are relevant to the national 

19 security of the United States.’’. 

20 (b) COMBATANT COMMANDER ASSESSMENT.—Such 

21 section is further amended— 

22 (1) by redesignating subsections (c) and (d) as 

23 subsections (d) and (e), respectively; and 

24 (2) by inserting after subsection (b) the fol25 lowing: 


smartinez on DSK6TPTVN1PROD with BILLS
746 

HR 4310 RFS

1 ‘‘(c) COMBATANT COMMANDER ASSESSMENT.—The 

2 report required under subsection (a) shall include an 

3 annex, in classified or unclassified form, that includes an 

4 identification and assessment of the Commander of the 

5 United States Pacific Command on the following: 

6 ‘‘(1) Any gaps in intelligence that limit the abil7 ity of the Commander to address challenges posed 

8 by the People’s Republic of China. 

9 ‘‘(2) Any gaps in the capabilities, capacity, and 

10 authorities of the Commander to address challenges 

11 posed by the People’s Republic of China to United 

12 States Armed Forces and United States interests in 

13 the region. 

14 ‘‘(3) Any other matters the Commander con15 siders to be relevant.’’. 

16 (c) EFFECTIVE DATE.—The amendments made by 

17 subsections (a) and (b) take effect on the date of the en18 actment of this Act and apply with respect to each report 

19 required to be submitted under section 1202 of the Na20 tional Defense Authorization Act for Fiscal Year 2000 on 

21 or after such date of enactment. 


smartinez on DSK6TPTVN1PROD with BILLS
747 

HR 4310 RFS

1 SEC. 1232. REPORT ON MILITARY AND SECURITY DEVELOP2 MENTS INVOLVING THE DEMOCRATIC PEO3 PLE’S REPUBLIC OF KOREA. 

4 (a) ADDITIONAL REPORT.—Subsection (a) of section 

5 1236 of the National Defense Authorization Act for Fiscal 

6 Year 2012 (Public Law 112–81; 125 Stat. 1641) is 

7 amended by inserting after ‘‘November 1, 2012,’’ the fol8 lowing: ‘‘and November 1, 2013,’’. 

9 (b) COMBATANT COMMANDER ASSESSMENT.—Such 

10 section is further amended— 

11 (1) by redesignating subsection (c) as sub12 section (d); and 

13 (2) by inserting after subsection (b) the fol14 lowing: 

15 ‘‘(c) COMBATANT COMMANDER ASSESSMENT.—The 

16 report required under subsection (a) shall include an 

17 annex, in classified or unclassified form, that includes an 

18 identification and assessment of the Commander of the 

19 United States Pacific Command on the following: 

20 ‘‘(1) Any gaps in intelligence that limit the abil21 ity of the Commander to counter threats emanating 

22 from North Korea. 

23 ‘‘(2) Any gaps in the capabilities, capacity, and 

24 authorities of the Commander to counter North Ko25 rean threats to United States Armed Forces and 

26 United States interests in the region. 


smartinez on DSK6TPTVN1PROD with BILLS
748 

HR 4310 RFS

1 ‘‘(3) Any other matters the Commander con2 siders to be relevant.’’. 

3 SEC. 1233. REPORT ON HOST NATION SUPPORT FOR OVER4 SEAS UNITED STATES MILITARY INSTALLA5 TIONS AND UNITED STATES ARMED FORCES 

6 DEPLOYED IN COUNTRY. 

7 (a) REPORT REQUIRED.— 

8 (1) IN GENERAL.—Not later than March 1 of 

9 each year from 2013 through 2015, the Secretary of 

10 Defense, in consultation with the Secretary of State, 

11 shall submit to the appropriate congressional com12 mittees a report on the direct, indirect, and burden13 sharing contributions made by host nations to sup14 port United States Armed Forces deployed in coun15 try. 

16 (2) ELEMENTS.—The report required by para17 graph (1) shall include at least the following: 

18 (A) The methodology and accounting pro19 cedures used to measure and track direct, indi20 rect, and burden-sharing contributions made by 

21 host nations. 

22 (B) The stationing costs, paid by the host 

23 nation, associated with United States Armed 

24 Forces stationed outside the territory of the 

25 United States in that nation. 


smartinez on DSK6TPTVN1PROD with BILLS
749 

HR 4310 RFS

1 (C) A description of direct, indirect, and 

2 burden-sharing contributions by host nation, in3 cluding the following: 

4 (i) Contributions accepted for the fol5 lowing costs: 

6 (I) Compensation for local na7 tional employees of the Department of 

8 Defense. 

9 (II) Military construction 

10 projects of the Department of De11 fense, including design, procurement, 

12 construction management costs, rents 

13 on privately-owned land, facilities, 

14 labor, utilities and vicinity improve15 ments. 

16 (III) Other costs such as loan 

17 guarantees on public-private venture 

18 housing and payment-in-kind for fa19 cilities returned to the host nation. 

20 (ii) Contributions accepted for any 

21 other purpose. 

22 (b) FORM.—The report required by subsection (a) 

23 shall be submitted in unclassified form, but may include 

24 a classified annex if necessary. 

25 (c) DEFINITIONS.—In this section: 


smartinez on DSK6TPTVN1PROD with BILLS
750 

HR 4310 RFS

1 (1) APPROPRIATE CONGRESSIONAL COMMIT2 TEES.—The term ‘‘appropriate congressional com3 mittees’’ means— 

4 (A) the congressional defense committees; 

5 and 

6 (B) the Committee on Foreign Relations of 

7 the Senate and the Committee on Foreign Af8 fairs of the House of Representatives. 

9 (2) HOST NATION.—The term ‘‘host nation’’ 

10 means any country that hosts a permanent or tem11 porary United States military installation or a per12 manent or rotational deployment of United State 

13 Armed Forces located outside of the borders of the 

14 United States. 

15 (3) CONTRIBUTIONS.—The term ‘‘contribu16 tions’’ means cash and in-kind contributions made 

17 by a host nation that replace expenditures that 

18 would otherwise be made by the Secretary of De19 fense using funds appropriated or otherwise made 

20 available in defense appropriations Acts. 

21 SEC. 1234. NATO SPECIAL OPERATIONS HEADQUARTERS. 

22 (a) IN GENERAL.—Section 1244(a) of the National 

23 Defense Authorization Act for Fiscal Year 2010 (Public 

24 Law 111–84; 123 Stat. 2541), as amended by section 

25 1242 of the Ike Skelton National Defense Authorization 


smartinez on DSK6TPTVN1PROD with BILLS
751 

HR 4310 RFS

1 Act for Fiscal Year 2011 (Public Law 111–383; 124 Stat. 

2 4405), is further amended by striking ‘‘fiscal year 2011’’ 

3 and inserting ‘‘fiscal year 2013’’. 

4 (b) LIMITATION.—Of the funds authorized to be ap5 propriated by this Act or otherwise made available for fis6 cal year 2013 for the NATO Special Operations Head7 quarters, not more than 50 percent may be obligated or 

8 expended until the date that is 30 days after the date on 

9 which the Secretary of Defense finalizes and formalizes 

10 United States Special Operations Command as the execu11 tive agent and lead component for the NATO Special Op12 erations Headquarters. 

13 SEC. 1235. REPORTS ON EXPORTS OF MISSILE DEFENSE 

14 TECHNOLOGY TO CERTAIN COUNTRIES. 

15 (a) REPORTS.—Not later than 180 days after the 

16 date of the enactment of this Act, and each year thereafter 

17 through 2015, the Secretary of Defense shall submit to 

18 the appropriate congressional committees a report on the 

19 following: 

20 (1) A description of the types of assistance, in21 cluding assistance relating to missile defense, pro22 vided by the Department of Defense to foreign coun23 tries that export space, counter-space, and ballistic 

24 missile equipment, material, and technologies that 


smartinez on DSK6TPTVN1PROD with BILLS
752 

HR 4310 RFS

1 could be used in other countries’ space, counter2 space, and ballistic missile programs. 

3 (2) A description of such exports to countries 

4 with space, counter-space, and ballistic missile pro5 grams, including a description of specific tech6 nologies that are exported to such countries. 

7 (b) APPROPRIATE CONGRESSIONAL COMMITTEES

8 DEFINED.—In this section, the term ‘‘appropriate con9 gressional committees’’ means— 

10 (1) the congressional defense committees; and 

11 (2) the Committee of Foreign Relations of the 

12 Senate and the Committee on Foreign Affairs of the 

13 House of Representatives. 

14 SEC. 1236. LIMITATION ON FUNDS TO PROVIDE THE RUS15 SIAN FEDERATION WITH ACCESS TO MISSILE 

16 DEFENSE TECHNOLOGY. 

17 (a) LIMITATION ON FUNDS FOR CLASSIFIED TECH18 NOLOGY AND DATA.— 

19 (1) IN GENERAL.—None of the funds made 

20 available for fiscal years 2012 or 2013 for the De21 partment of Defense may be used to provide the 

22 Russian Federation with access to information that 

23 is classified or was classified as of January 2, 2012, 

24 regarding— 


smartinez on DSK6TPTVN1PROD with BILLS
753 

HR 4310 RFS

1 (A) missile defense technology of the 

2 United States, including hit-to-kill technology; 

3 or 

4 (B) data, including sensitive technical 

5 data, warning, detection, tracking, targeting, te6 lemetry, command and control, and battle man7 agement data, that support the missile defense 

8 capabilities of the United States. 

9 (2) APPLICABILITY.—The limitation in para10 graph (1) shall apply with respect to the use of 

11 funds on or after the date of the enactment of this 

12 Act. 

13 (b) LIMITATION ON FUNDS FOR OTHER TECH14 NOLOGY AND DATA.— 

15 (1) IN GENERAL.—None of the funds made 

16 available for fiscal years 2012 or 2013 for the De17 partment of Defense may be used to provide the 

18 Russian Federation with access to missile defense 

19 technology or technical data not described in sub20 section (a) unless— 

21 (A) the President submits to the appro22 priate congressional committees— 

23 (i) a report that contains a description 

24 of— 


smartinez on DSK6TPTVN1PROD with BILLS
754 

HR 4310 RFS

1 (I) the specific missile defense 

2 technology or technical data to be pro3 vided to the Russian Federation, the 

4 reasons for providing such technology 

5 or data, and how the technology or 

6 technical data is intended to be used; 

7 (II) the measures necessary to 

8 protect the technology or technical 

9 data; 

10 (III) the specific missile defense 

11 technology or technical data of the 

12 Russian Federation that the Russian 

13 Federation is providing the United 

14 States with access to; and 

15 (IV) the status and substance of 

16 discussions between the United States 

17 and the Russian Federation on missile 

18 defense matters; and 

19 (ii) written certification by the Presi20 dent that providing the Russian Federation 

21 with access to such missile defense tech22 nology or technical data— 

23 (I) includes an agreement on pro24 hibiting access to such technology or 

25 data by any other country or entity; 


smartinez on DSK6TPTVN1PROD with BILLS
755 

HR 4310 RFS

1 (II) will not enable the develop2 ment of countermeasures to any mis3 sile defense system of the United 

4 States or otherwise undermine the ef5 fectiveness of any such missile defense 

6 system; and 

7 (III) will correspond to equitable 

8 access by the United States to missile 

9 defense technology or technical data 

10 of the Russian Federation; and 

11 (B) a period of 30 days has elapsed fol12 lowing the date on which the President submits 

13 to the appropriate congressional committees the 

14 report and written certification under subpara15 graph (A). 

16 (2) APPLICABILITY.—The limitation in para17 graph (1) shall apply with respect to the use of 

18 funds on or after the date of the enactment of this 

19 Act. 

20 (c) FORM.—The report described in clause (i) of sub21 section (b)(1)(A) and the certification described in clause 

22 (ii) of such subsection shall be submitted in unclassified 

23 form, but may contain a classified annex, if necessary. 


smartinez on DSK6TPTVN1PROD with BILLS
756 

HR 4310 RFS

1 (d) APPROPRIATE CONGRESSIONAL COMMITTEES

2 DEFINED.—In this section, the term ‘‘appropriate con3 gressional committees’’ means— 

4 (1) the Committee on Armed Services and the 

5 Committee on Foreign Relations of the Senate; and 

6 (2) the Committee on Armed Services and the 

7 Committee on Foreign Affairs of the House of Rep8 resentatives. 

9 SEC. 1237. INTERNATIONAL AGREEMENTS RELATING TO 

10 MISSILE DEFENSE. 

11 (a) SENSE OF CONGRESS.—It is the sense of Con12 gress that an agreement regarding missile defense co13 operation between the United States and the Russian Fed14 eration that is negotiated with the Russian Federation 

15 through the North Atlantic Treaty Organization 

16 (‘‘NATO’’) or a provision to amend the charter of the 

17 NATO–Russia Council, should not be considered legally 

18 or politically binding unless the agreement is— 

19 (1) specifically approved with the advice and 

20 consent of the Senate pursuant to article II, section 

21 2, clause 2 of the Constitution; or 

22 (2) specifically authorized by an Act of Con23 gress. 

24 (b) MISSILE DEFENSE AGREEMENTS.— 


smartinez on DSK6TPTVN1PROD with BILLS
757 

HR 4310 RFS

1 (1) IN GENERAL.—Chapter 3 of title 10, United 

2 States Code, is amended by adding at the end the 

3 following new section: 

4 ‘‘§ 130f. International agreements relating to missile 

5 defense 

6 ‘‘(a) IN GENERAL.—In accordance with the under7 standing under subsection (b)(1)(B) of the Resolution of 

8 Advice and Consent to Ratification of the New START 

9 Treaty of the Senate, any agreement with a country or 

10 international organization or amendment to the New 

11 START Treaty (including an agreement made by the Bi12 lateral Consultative Commission established by the New 

13 START Treaty) concerning the limitation of the missile 

14 defense capabilities of the United States shall not be bind15 ing on the United States, and shall not enter into force 

16 with respect to the United States, unless after the date 

17 of the enactment of this section, such agreement or 

18 amendment is— 

19 ‘‘(1) specifically approved with the advice and 

20 consent of the Senate pursuant to article II, section 

21 2, clause 2 of the Constitution; or 

22 ‘‘(2) specifically authorized by an Act of Con23 gress. 

24 ‘‘(b) ANNUAL NOTIFICATION.—Not later than Janu25 ary 31 of each year, beginning in 2013, the President shall 


smartinez on DSK6TPTVN1PROD with BILLS
758 

HR 4310 RFS

1 submit to the congressional defense committees and the 

2 Committee on Foreign Relations of the Senate and the 

3 Committee on Foreign Affairs of the House of Representa4 tives a notification of— 

5 ‘‘(1) whether the Russian Federation has recog6 nized during the previous year the sovereign right of 

7 the United States to pursue quantitative and quali8 tative improvements in missile defense capabilities; 

9 and 

10 ‘‘(2) whether during any treaty negotiations or 

11 other Government-to-Government contacts between 

12 the United States and the Russian Federation (in13 cluding under the auspices of the Bilateral Consult14 ative Commission established by the New START 

15 Treaty) during the previous year a representative of 

16 the Russian Federation suggested that a treaty or 

17 other international agreement include, with respect 

18 to the United States— 

19 ‘‘(A) restricting missile defense capabili20 ties, military capabilities in space, or conven21 tional prompt global strike capabilities; or 

22 ‘‘(B) reducing the number of non-strategic 

23 nuclear weapons deployed in Europe. 

24 ‘‘(c) NEW START TREATY DEFINED.—In this sec25 tion, the term ‘New START Treaty’ means the Treaty beVerDate Mar 15 2010 01:00 Jun 20, 2012 Jkt 019200 PO 00000 Frm 00758 Fmt 6652 Sfmt 6201 E:\BILLS\H4310.RFS H4310

smartinez on DSK6TPTVN1PROD with BILLS
759 

HR 4310 RFS

1 tween the United States of America and the Russian Fed2 eration on Measures for the Further Reduction and Limi3 tation of Strategic Offensive Arms, signed on April 8, 

4 2010, and entered into force on February 5, 2011.’’. 

5 (2) CLERICAL AMENDMENT.—The table of sec6 tions at the beginning of such chapter is amended 

7 by inserting after the item relating to section 130e 

8 the following new item: 

‘‘130f. International agreements relating to missile defense.’’. 

9 (c) DEFENSE TECHNOLOGY COOPERATION AGREE10 MENTS.— 

11 (1) IN GENERAL.—Subchapter II of chapter 

12 138 of title 10, United States Code, is amended by 

13 adding at the end the following new section: 

14 ‘‘§ 2350n. Defense technology cooperation agreements 

15 between the United States and the Rus16 sian Federation 

17 ‘‘(a) IN GENERAL.—None of the funds made avail18 able for fiscal year 2012 or any fiscal year thereafter for 

19 the Department of Defense may be used to implement a 

20 defense technology cooperation agreement entered into be21 tween the United States and the Russian Federation until 

22 a period of 60 days has elapsed following the date on 

23 which the President transmits such agreement to the con24 gressional defense committees. 


smartinez on DSK6TPTVN1PROD with BILLS
760 

HR 4310 RFS

1 ‘‘(b) DEFENSE TECHNOLOGY COOPERATION AGREE2 MENT DEFINED.—In this section, the term ‘defense tech3 nology cooperation agreement’ means a cooperative agree4 ment related to research and development entered into 

5 under section 2358 of this title or any other provision of 

6 this title.’’. 

7 (2) CLERICAL AMENDMENT.—The table of sec8 tions at the beginning of such subchapter is amend9 ed by inserting after the item relating to section 

10 2350m the following new item: 

‘‘2350n. Defense technology cooperation agreement between the United States 

and the Russian Federation.’’. 

11 (d) LIMITATION ON MISSILE DEFENSE NEGOTIA12 TION.— 

13 (1) IN GENERAL.—None of the funds made 

14 available for fiscal years 2012 or 2013 for the De15 partment of Defense may be used to implement an 

16 agreement regarding missile defense entered into 

17 with the Russian Federation until the date that is 

18 30 days after the date on which the President trans19 mits to the appropriate congressional committees the 

20 draft agreement discussed between the United 

21 States and the Russian Federation at Deauville, 

22 France, in May 2011. 

23 (2) APPLICABILITY.—The limitation in para24 graph (1) shall apply with respect to the use of 


smartinez on DSK6TPTVN1PROD with BILLS
761 

HR 4310 RFS

1 funds on or after the date of the enactment of this 

2 Act. 

3 (3) APPROPRIATE CONGRESSIONAL COMMIT4 TEES DEFINED.—In this subsection, the term ‘‘ap5 propriate congressional committees’’ means— 

6 (A) the Committee on Armed Services and 

7 the Committee on Foreign Relations of the Sen8 ate; and 

9 (B) the Committee on Armed Services and 

10 the Committee on Foreign Affairs of the House 

11 of Representatives. 

12 SEC. 1238. LIMITATION ON ASSISTANCE TO PROVIDE TEAR 

13 GAS OR OTHER RIOT CONTROL ITEMS. 

14 None of the funds authorized to be appropriated by 

15 this Act may be used to provide tear gas or other riot 

16 control items to the government of a country undergoing 

17 a transition to democracy in the Middle East or North 

18 Africa unless the Secretary of Defense certifies to the 

19 Committee on Armed Services of the Senate and the Com20 mittee on Armed Services of the House of Representatives 

21 that the security forces of such government are not using 

22 excessive force to repress peaceful, lawful, and organized 

23 dissent. 


smartinez on DSK6TPTVN1PROD with BILLS
762 

HR 4310 RFS

1 SEC. 1239. REQUIREMENT TO SUBMIT TO CONGRESS A 

2 PLAN FOR A FOREIGN INFRASTRUCTURE 

3 PROJECT USING FUNDS MADE AVAILABLE 

4 FOR OVERSEAS CONTINGENCY OPERATIONS. 

5 (a) PLAN REQUIRED.—Not later than 60 days prior 

6 to the commencement of a covered infrastructure project, 

7 the head of the Federal department or agency with pri8 mary responsibility for carrying out the project shall sub9 mit to Congress a plan to carry out and sustain the 

10 project. 

11 (b) MATTERS TO BE INCLUDED.—The plan shall in12 clude a description of the following: 

13 (1) The total amount of funds to be obligated 

14 and expended under the project, including the total 

15 amount of funds to be contributed from other 

16 sources. 

17 (2) How the project will be maintained after its 

18 completion, who will be responsible for maintaining 

19 the project, and who will contribute funds for main20 taining the project. 

21 (3) How the project will be protected after its 

22 completion. 

23 (c) COVERED INFRASTRUCTURE PROJECT.—In this 

24 section, the term ‘‘covered infrastructure project’’ or 

25 ‘‘project’’ means a project to improve the infrastructure 

26 of a foreign country under which the United States conVerDate Mar 15 2010 01:00 Jun 20, 2012 Jkt 019200 PO 00000 Frm 00762 Fmt 6652 Sfmt 6201 E:\BILLS\H4310.RFS H4310

smartinez on DSK6TPTVN1PROD with BILLS
763 

HR 4310 RFS

1 tributes not less than $1,000,000 from funds made avail2 able for overseas contingency operations. 

3 (d) EFFECTIVE DATE.—This section takes effect on 

4 the date of the enactment of this Act and applies with 

5 respect covered infrastructure projects commenced on or 

6 after 60 days after such date of enactment. 

7 SEC. 1240. SALE OF F–16 AIRCRAFT TO TAIWAN. 

8 The President shall carry out the sale of no fewer 

9 than 66 F–16C/D multirole fighter aircraft to Taiwan. 

10 SEC. 1240A. LIMITATION ON FUNDS FOR INSTITUTIONS OR 

11 ORGANIZATIONS ESTABLISHED BY THE 

12 UNITED NATIONS CONVENTION ON THE LAW 

13 OF THE SEA. 

14 None of the funds authorized to be appropriated by 

15 this Act may be made available for any institution or orga16 nization established by the United Nations Convention on 

17 the Law of the Sea, including the International Seabed 

18 Authority, the International Tribunal for the Law of the 

19 Sea, and the Commission on the Limits of the Continental 

20 Shelf. 

21 SEC. 1240B. REMOVAL OF BRIGADE COMBAT TEAMS FROM 

22 EUROPE. 

23 (a) FINDING.—Congress finds that, because defense 

24 spending among European NATO countries fell 12% since 

25 2008, from $314 billion to $275 billion, so that currently 


smartinez on DSK6TPTVN1PROD with BILLS
764 

HR 4310 RFS

1 only 4 out of the 28 NATO allies of the United States 

2 are spending the widely agreed-to standard of 2% of their 

3 GDP on defense, the United States must look to more 

4 wisely allocate scarce resources to provide for the national 

5 defense. 

6 (b) REMOVAL AUTHORIZED.—The President is au7 thorized and requested to end the permanent basing of 

8 units of the United States Armed Forces in European 

9 member nations of the North Atlantic Treaty Organiza10 tion and return the four Brigade Combat Teams currently 

11 stationed in Europe to the United States. 

12 (c) USE OF ROTATIONAL FORCES TO SATISFY SECU13 RITY NEEDS.—It is the policy of the United States that 

14 the deployment of units of the United States Armed 

15 Forces on a rotational basis at military installations in 

16 European member nations of the North Atlantic Treaty 

17 Organization pursuant to the Army Force Generation 

18 (ARFORGEN) process is a force-structure arrangement 

19 sufficient to permit the United States— 

20 (1) to satisfy the commitments undertaken by 

21 United States pursuant to Article 5 of the North At22 lantic Treaty, signed at Washington, District of Co23 lumbia, on April 4, 1949, and entered into force on 

24 August 24, 1949 (63 Stat. 2241; TIAS 1964); 


smartinez on DSK6TPTVN1PROD with BILLS
765 

HR 4310 RFS

1 (2) to address the current security environment 

2 in Europe; and 

3 (3) to contribute to peace and stability in Eu4 rope. 

5 SEC. 1240C. LIMITATION ON FUNDS FOR UNITED STATES 

6 PARTICIPATION IN JOINT MILITARY EXER7 CISES WITH EGYPT. 

8 None of the funds authorized to be appropriated by 

9 this Act may be made available for United States partici10 pation in joint military exercises with Egypt if the Govern11 ment of Egypt terminates or withdraws from the 1979 

12 Israeli-Egypt peace treaty. 

13 Subtitle E—Authority to Remove 

14 Satellites and Related Compo15 nents and Technology From the 

16 United States Munitions List 

17 SEC. 1241. AUTHORITY TO REMOVE SATELLITES AND RE18 LATED COMPONENTS AND TECHNOLOGY 

19 FROM THE UNITED STATES MUNITIONS LIST. 

20 (a) AUTHORITY.—Subject to subsection (b), the 

21 President is authorized to remove commercial satellites 

22 and related components and technology from the United 

23 States Munitions List, consistent with the procedures in 

24 section 38(f) of the Arms Export Control Act (22 U.S.C. 

25 2778(f)). 


smartinez on DSK6TPTVN1PROD with BILLS
766 

HR 4310 RFS

1 (b) DETERMINATION.—The President may exercise 

2 the authority provided in subsection (a) only if the Presi3 dent submits to the appropriate congressional committees 

4 a determination that the transfer of commercial satellites 

5 and related components and technology from the United 

6 States Munitions List does not pose an unacceptable risk 

7 to the national security of the United States. Such deter8 mination shall include a description of the risk-mitigating 

9 controls, procedures, and safeguards the President will put 

10 in place to reduce such risk to an absolute minimum. 

11 (c) PROHIBITION.—No license or other authorization 

12 for export shall be granted for the transfer, retransfer, or 

13 reexport of any commercial satellite or related component 

14 or technology contained on the Commerce Control List to 

15 any person or entity of the following: 

16 (1) The People’s Republic of China. 

17 (2) Cuba. 

18 (3) Iran. 

19 (4) North Korea. 

20 (5) Sudan. 

21 (6) Syria. 

22 (7) Any other country with respect to which the 

23 United States would deny the application for licenses 

24 and other approvals for exports and imports of deVerDate Mar 15 2010 01:00 Jun 20, 2012 Jkt 019200 PO 00000 Frm 00766 Fmt 6652 Sfmt 6201 E:\BILLS\H4310.RFS H4310

smartinez on DSK6TPTVN1PROD with BILLS
767 

HR 4310 RFS

1 fense articles under section 126.1 of the Inter2 national Traffic in Arms Regulations. 

3 (d) REPORT.— 

4 (1) IN GENERAL.—Not later than 1 year after 

5 the date of the enactment of this Act, and annually 

6 thereafter, the Director of National Intelligence shall 

7 submit to the appropriate congressional committees 

8 on efforts of state sponsors of terrorism, other for9 eign countries, or entities to illicitly acquire commer10 cial satellites and related components and tech11 nology. 

12 (2) FORM.—Such report shall be submitted in 

13 unclassified form, but may contain a classified 

14 annex. 

15 (e) APPROPRIATE CONGRESSIONAL COMMITTEE DE16 FINED.—In this section, the term ‘‘appropriate congres17 sional committees’’ means— 

18 (1) the Committee on Foreign Relations, the 

19 Committee on Armed Services, and the Select Com20 mittee on Intelligence of the Senate; and 

21 (2) the Committee on Foreign Affairs, the 

22 Committee on Armed Services, and the Permanent 

23 Select Committee on Intelligence of the House of 

24 Representatives. 


smartinez on DSK6TPTVN1PROD with BILLS
768 

HR 4310 RFS

1 SEC. 1242. REPORT ON LICENSES AND OTHER AUTHORIZA2 TIONS TO EXPORT COMMERCIAL SATELLITES 

3 AND RELATED COMPONENTS AND TECH4 NOLOGY CONTAINED ON THE COMMERCE 

5 CONTROL LIST. 

6 (a) IN GENERAL.—Not later than 60 days after the 

7 end of each calendar quarter, the President shall transmit 

8 to the Committee on Banking, Finance, and Urban Affairs 

9 of the Senate and the Committee on Foreign Affairs of 

10 the House of Representatives a report containing a listing 

11 of all licenses and other authorizations to export commer12 cial satellites and related components and technology con13 tained on the Commerce Control List. 

14 (b) FORM.—Such report shall be submitted in unclas15 sified form, but may contain a classified annex. 

16 SEC. 1243. REVIEW OF UNITED STATES MUNITIONS LIST. 

17 Section 38(f)(1) of the Arms Export Control Act (22 

18 U.S.C. 2778(f)(1)) is amended by striking the last sen19 tence and inserting the following: ‘‘Such notice shall in20 clude, to the extent practicable, an enumeration of the 

21 item or items to be removed and describe the nature of 

22 any controls to be imposed on the item or items under 

23 any other provision of law.’’. 


smartinez on DSK6TPTVN1PROD with BILLS
769 

HR 4310 RFS

1 SEC. 1244. REPORT ON COUNTRY EXEMPTIONS FOR LI2 CENSING OF EXPORTS OF MUNITIONS AND 

3 RELATED TECHNICAL DATA. 

4 (a) IN GENERAL.—Not later than 120 days after the 

5 date of the enactment of this Act, the Attorney General 

6 and Secretary of Homeland Security shall submit to the 

7 appropriate congressional committees a report that con8 tains an assessment of the extent to which the terms and 

9 conditions of an exemption for foreign countries from the 

10 licensing requirements of the Commerce Munitions List 

11 (or analogous controls for commercial satellites and re12 lated components and technology) contain strong safe13 guards. 

14 (b) MATTERS TO BE INCLUDED.—The report shall 

15 include a compilation of sufficient documentation relating 

16 to the export of munitions, commercial spacecraft, and re17 lated technical data to facilitate law enforcement efforts 

18 to effectively detect, investigate, deter, and enforce crimi19 nal violations of any provision of the Export Administra20 tion Regulations, including efforts on the part of state 

21 sponsors of terrorism, other foreign countries, or entities 

22 to illicitly acquire such controlled United States tech23 nology. 

24 (c) APPROPRIATE CONGRESSIONAL COMMITTEES DE25 FINED.—In this section, the term ‘‘appropriate congres26 sional committees’’ means— 


smartinez on DSK6TPTVN1PROD with BILLS
770 

HR 4310 RFS

1 (1) the Committee on Armed Services and the 

2 Committee on Banking, Housing, and Urban Affairs 

3 of the Senate; and 

4 (2) the Committee on Armed Services and the 

5 Committee on Foreign Affairs of the House of Rep6 resentatives. 

7 SEC. 1245. END-USE MONITORING OF MUNITIONS AND RE8 LATED TECHNICAL DATA. 

9 (a) ESTABLISHMENT OF MONITORING PROGRAM.— 

10 In order to ensure accountability with respect to the ex11 port of munitions and related technical data on the Com12 merce Munitions List, the President shall establish a pro13 gram to provide for the end-use monitoring of such muni14 tions and related technical data. 

15 (b) REPORT.—Not later than 180 days after the date 

16 of the enactment of this Act, and annually thereafter, the 

17 President shall submit to Congress a report describing the 

18 actions taken to implement this section, including a de19 tailed accounting of the costs and number of personnel 

20 associated with the program established under subsection 

21 (a). 


smartinez on DSK6TPTVN1PROD with BILLS
771 

HR 4310 RFS

1 SEC. 1246. INTERAGENCY PROCESS FOR MODIFICATION OF 

2 CATEGORY XV OF THE UNITED STATES MUNI3 TIONS LIST. 

4 (a) INTERAGENCY REVIEW.—Subject to the proce5 dures in section 38(f) of the Arms Export Control Act (22 

6 U.S.C. 2778(f)), the President shall ensure that, through 

7 interagency procedures or regulations, the Secretary of 

8 State, the Secretary of Defense, the Secretary of Com9 merce, and as appropriate the Director of National Intel10 ligence concur on all subsequent modifications to Category 

11 XV of the United States Munitions List (relating to space12 craft systems and associated equipment). 

13 (b) ANNUAL REPORT.— 

14 (1) IN GENERAL.—Not later than 1 year after 

15 the date of the enactment of this Act, and annually 

16 thereafter, the President shall submit to the appro17 priate congressional committees a report on the re18 sults of the interagency reviews required by sub19 section (a). 

20 (2) MATTERS TO BE INCLUDED.—The report 

21 required under paragraph (1) shall include the fol22 lowing matters: 

23 (A) A review of the space and space-re24 lated technologies currently on the United 

25 States Munitions List, to include satellite sys26 tems, dedicated subsystems, and components. 


smartinez on DSK6TPTVN1PROD with BILLS
772 

HR 4310 RFS

1 (B) An assessment of the national security 

2 risks of removing certain space and space-re3 lated technologies identified under subpara4 graph (A) from the United States Munitions 

5 List. 

6 (C) An examination of the degree to which 

7 other nations’ export control policies control or 

8 limit the export of space and space-related tech9 nologies for national security reasons. 

10 (D) Recommendations for— 

11 (i) the space and space-related tech12 nologies that should remain on, or may be 

13 candidates for removal from, the United 

14 States Munitions List based on the na15 tional security review required under sub16 section (a); 

17 (ii) the safeguards and verifications 

18 necessary to— 

19 (I) prevent the proliferation and 

20 diversion of such space and space-re21 lated technologies; 

22 (II) confirm appropriate end use 

23 and end users; and 

24 (III) minimize the risk that such 

25 space and space-related technologies 


smartinez on DSK6TPTVN1PROD with BILLS
773 

HR 4310 RFS

1 could be use in foreign missile, space, 

2 or other applications that could pose a 

3 threat to the security of the United 

4 States; and 

5 (iii) improvements to the space export 

6 control policy and processes of the United 

7 States that do not adversely affect United 

8 States national security. 

9 (E) A description of and recommendations 

10 regarding how the United States industrial base 

11 and United States national security could be 

12 enhanced and strengthened through reforms to 

13 and amendments of export control laws and 

14 regulations. 

15 (3) APPROPRIATE CONGRESSIONAL COMMIT16 TEES DEFINED.—In this subsection, the term ‘‘ap17 propriate congressional committees’’ means— 

18 (A) the Committee on Armed Services, the 

19 Committee on Foreign Relations, and the Select 

20 Committee on Intelligence of the Senate; and 

21 (B) the Committee on Armed Services, the 

22 Committee on Foreign Affairs, and the Perma23 nent Select Committee on Intelligence of the 

24 House of Representatives. 


smartinez on DSK6TPTVN1PROD with BILLS
774 

HR 4310 RFS

1 SEC. 1247. DEFINITIONS. 

2 In this subtitle: 

3 (1) COMMERCE MUNITIONS LIST.—The term 

4 ‘‘Commerce Munitions List’’ means items trans5 ferred from the United States Munitions List to the 

6 Commerce Control List and designated as ‘‘600 se7 ries’’ items on the Commerce Control List under the 

8 Export Administration Regulations, as proposed by 

9 the Bureau of Industry and Security of the Depart10 ment of Commerce on July 15, 2011 (76 Fed. Reg. 

11 41958), or any successor regulations. 

12 (2) COMMERCIAL SATELLITES AND RELATED

13 COMPONENTS AND TECHNOLOGY.—The term ‘‘com14 mercial satellites and related components and tech15 nology’’ means— 

16 (A) communications satellites that do not 

17 contain classified components, including remote 

18 sensing satellites with performance parameters 

19 below thresholds identified on the United States 

20 Munitions List; and 

21 (B) systems, subsystems, parts, and com22 ponents associated with such satellites and with 

23 performance parameters below thresholds speci24 fied for items that would remain on the United 

25 States Munitions List. 


smartinez on DSK6TPTVN1PROD with BILLS
775 

HR 4310 RFS

1 (3) EXPORT ADMINISTRATION REGULATIONS.— 

2 The term ‘‘Export Administration Regulations’’ 

3 means the Export Administration Regulations as 

4 maintained and amended under the authority of the 

5 International Emergency Economic Powers Act (50 

6 U.S.C. 1701 et seq.), or any successor regulations. 

7 (4) STATE SPONSOR OF TERRORISM.—The term 

8 ‘‘state sponsor of terrorism’’ means any country the 

9 government of which the Secretary of State has de10 termined has repeatedly provided support for acts of 

11 international terrorism pursuant to section 6(j) of 

12 the Export Administration Act of 1979, section 

13 620A of the Foreign Assistance Act of 1961, section 

14 40 of the Arms Export Control Act, or any other 

15 provision of law. 

16 (5) UNITED STATES MUNITIONS LIST.—The 

17 term ‘‘United States Munitions List’’ means the list 

18 referred to in section 38(a)(1) of the Arms Export 

19 Control Act (22 U.S.C. 2778(a)(1)). 

20 TITLE XIII—COOPERATIVE 

21 THREAT REDUCTION 

22 SEC. 1301. SPECIFICATION OF COOPERATIVE THREAT RE23 DUCTION PROGRAMS AND FUNDS. 

24 (a) SPECIFICATION OF COOPERATIVE THREAT RE25 DUCTION PROGRAMS.—For purposes of section 301 and 


smartinez on DSK6TPTVN1PROD with BILLS
776 

HR 4310 RFS

1 other provisions of this Act, Cooperative Threat Reduction 

2 programs are the programs specified in section 1501 of 

3 the National Defense Authorization Act for Fiscal Year 

4 1997 (50 U.S.C. 2362 note). 

5 (b) FISCAL YEAR 2013 COOPERATIVE THREAT RE6 DUCTION FUNDS DEFINED.—As used in this title, the 

7 term ‘‘fiscal year 2013 Cooperative Threat Reduction 

8 funds’’ means the funds appropriated pursuant to the au9 thorization of appropriations in section 301 and made 

10 available by the funding table in section 4301 for Coopera11 tive Threat Reduction programs. 

12 (c) AVAILABILITY OF FUNDS.—Funds appropriated 

13 pursuant to the authorization of appropriations in section 

14 301 and made available by the funding table in section 

15 4301 for Cooperative Threat Reduction programs shall be 

16 available for obligation for fiscal years 2013, 2014, and 

17 2015. 

18 SEC. 1302. FUNDING ALLOCATIONS. 

19 (a) FUNDING FOR SPECIFIC PURPOSES.—Of the 

20 $519,111,000 authorized to be appropriated to the De21 partment of Defense for fiscal year 2013 in section 301 

22 and made available by the funding table in section 4301 

23 for Cooperative Threat Reduction programs, the following 

24 amounts may be obligated for the purposes specified: 


smartinez on DSK6TPTVN1PROD with BILLS
777 

HR 4310 RFS

1 (1) For strategic offensive arms elimination, 

2 $68,271,000. 

3 (2) For chemical weapons destruction, 

4 $14,630,000. 

5 (3) For global nuclear security, $99,789,000. 

6 (4) For cooperative biological engagement, 

7 $276,399,000. 

8 (5) For proliferation prevention, $32,402,000. 

9 (6) For threat reduction engagement, 

10 $2,375,000. 

11 (7) For activities designated as Other Assess12 ments/Administrative Costs, $25,245,000. 

13 (b) REPORT ON OBLIGATION OR EXPENDITURE OF

14 FUNDS FOR OTHER PURPOSES.—No fiscal year 2013 Co15 operative Threat Reduction funds may be obligated or ex16 pended for a purpose other than a purpose listed in para17 graphs (1) through (7) of subsection (a) until 15 days 

18 after the date that the Secretary of Defense submits to 

19 Congress a report on the purpose for which the funds will 

20 be obligated or expended and the amount of funds to be 

21 obligated or expended. Nothing in the preceding sentence 

22 shall be construed as authorizing the obligation or expend23 iture of fiscal year 2013 Cooperative Threat Reduction 

24 funds for a purpose for which the obligation or expendiVerDate Mar 15 2010 01:00 Jun 20, 2012 Jkt 019200 PO 00000 Frm 00777 Fmt 6652 Sfmt 6201 E:\BILLS\H4310.RFS H4310

smartinez on DSK6TPTVN1PROD with BILLS
778 

HR 4310 RFS

1 ture of such funds is specifically prohibited under this title 

2 or any other provision of law. 

3 (c) LIMITED AUTHORITY TO VARY INDIVIDUAL

4 AMOUNTS.— 

5 (1) IN GENERAL.—Subject to paragraph (2), in 

6 any case in which the Secretary of Defense deter7 mines that it is necessary to do so in the national 

8 interest, the Secretary may obligate amounts appro9 priated for fiscal year 2013 for a purpose listed in 

10 paragraphs (1) through (7) of subsection (a) in ex11 cess of the specific amount authorized for that pur12 pose. 

13 (2) NOTICE-AND-WAIT REQUIRED.—An obliga14 tion of funds for a purpose stated in paragraphs (1) 

15 through (7) of subsection (a) in excess of the specific 

16 amount authorized for such purpose may be made 

17 using the authority provided in paragraph (1) only 

18 after— 

19 (A) the Secretary submits to Congress no20 tification of the intent to do so together with a 

21 complete discussion of the justification for 

22 doing so; and 

23 (B) 15 days have elapsed following the 

24 date of the notification. 


smartinez on DSK6TPTVN1PROD with BILLS
779 

HR 4310 RFS

1 SEC. 1303. LIMITATION ON AVAILABILITY OF FUNDS FOR 

2 COOPERATIVE THREAT REDUCTION ACTIVI3 TIES WITH RUSSIAN FEDERATION. 

4 (a) LIMITATION.—None of the funds authorized to 

5 be appropriated by this Act or otherwise made available 

6 for fiscal year 2013 for Cooperative Threat Reduction may 

7 be obligated or expended for cooperative threat reduction 

8 activities with the Russian Federation until the date that 

9 is 30 days after the date on which the Secretary of De10 fense certifies, in coordination with the Secretary of State, 

11 to the appropriate congressional committees that— 

12 (1) Russia is no longer— 

13 (A) providing direct or indirect support to 

14 the government of Syria’s suppression of the 

15 Syrian people; and 

16 (B) transferring to Iran, North Korea, or 

17 Syria equipment and technology that have the 

18 potential to make a material contribution to the 

19 development of weapons of mass destruction or 

20 cruise or ballistic missile systems controlled 

21 under multilateral control lists; or 

22 (2) funds planned to be obligated or expended 

23 for cooperative threat reduction activities with the 

24 Russian Federation are strictly for project closeout 

25 activities and will not be used for new activities or 

26 activities that will extend beyond fiscal year 2013. 


smartinez on DSK6TPTVN1PROD with BILLS
780 

HR 4310 RFS

1 (b) WAIVER.—The Secretary of Defense may waive 

2 the limitation in subsection (a) if— 

3 (1) the Secretary determines that such waiver is 

4 in the national security interests of the United 

5 States; 

6 (2) the Secretary briefs, in an unclassified 

7 form, the appropriate congressional committees on 

8 the justifications of such waiver; and 

9 (3) a period of 90 days has elapsed following 

10 the date on which such briefing is held. 

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 Affairs of the House of Rep16 resentatives; and 

17 (2) the Committee on Armed Services and the 

18 Committee on Foreign Relations of the Senate. 

19 TITLE XIV—OTHER 

20 AUTHORIZATIONS 

21 Subtitle A—Military Programs 

22 SEC. 1401. WORKING CAPITAL FUNDS. 

23 Funds are hereby authorized to be appropriated for 

24 fiscal year 2013 for the use of the Armed Forces and other 

25 activities and agencies of the Department of Defense for 


smartinez on DSK6TPTVN1PROD with BILLS
781 

HR 4310 RFS

1 providing capital for working capital and revolving funds, 

2 as specified in the funding table in section 4501. 

3 SEC. 1402. NATIONAL DEFENSE SEALIFT FUND. 

4 Funds are hereby authorized to be appropriated for 

5 the fiscal year 2013 for the National Defense Sealift 

6 Fund, as specified in the funding table in section 4501. 

7 SEC. 1403. CHEMICAL AGENTS AND MUNITIONS DESTRUC8 TION, DEFENSE. 

9 (a) AUTHORIZATION OF APPROPRIATIONS.—Funds 

10 are hereby authorized to be appropriated for the Depart11 ment of Defense for fiscal year 2013 for expenses, not oth12 erwise provided for, for Chemical Agents and Munitions 

13 Destruction, Defense, as specified in the funding table in 

14 section 4501. 

15 (b) USE.—Amounts authorized to be appropriated 

16 under subsection (a) are authorized for— 

17 (1) the destruction of lethal chemical agents 

18 and munitions in accordance with section 1412 of 

19 the Department of Defense Authorization Act, 1986 

20 (50 U.S.C. 1521); and 

21 (2) the destruction of chemical warfare materiel 

22 of the United States that is not covered by section 

23 1412 of such Act. 


smartinez on DSK6TPTVN1PROD with BILLS
782 

HR 4310 RFS

1 SEC. 1404. DRUG INTERDICTION AND COUNTER-DRUG AC2 TIVITIES, DEFENSE-WIDE. 

3 Funds are hereby authorized to be appropriated for 

4 the Department of Defense for fiscal year 2013 for ex5 penses, not otherwise provided for, for Drug Interdiction 

6 and Counter-Drug Activities, Defense-wide, as specified in 

7 the funding table in section 4501. 

8 SEC. 1405. DEFENSE INSPECTOR GENERAL. 

9 Funds are hereby authorized to be appropriated for 

10 the Department of Defense for fiscal year 2013 for ex11 penses, not otherwise provided for, for the Office of the 

12 Inspector General of the Department of Defense, as speci13 fied in the funding table in section 4501. 

14 SEC. 1406. DEFENSE HEALTH PROGRAM. 

15 Funds are hereby authorized to be appropriated for 

16 fiscal year 2013 for the Defense Health Program, as spec17 ified in the funding table in section 4501, for use of the 

18 Armed Forces and other activities and agencies of the De19 partment of Defense in providing for the health of eligible 

20 beneficiaries. 

21 SEC. 1407. CEMETERIAL EXPENSES. 

22 Funds are hereby authorized to be appropriated for 

23 the Department of the Army for fiscal year 2013 for 

24 cemeterial expenses, not otherwise provided for, as speci25 fied in the funding table in section 4501. 


smartinez on DSK6TPTVN1PROD with BILLS
783 

HR 4310 RFS

1 Subtitle B—National Defense 

2 Stockpile 

3 SEC. 1411. AUTHORIZED USES OF NATIONAL DEFENSE 

4 STOCKPILE FUNDS. 

5 (a) OBLIGATION OF STOCKPILE FUNDS.—During fis6 cal year 2013, the National Defense Stockpile Manager 

7 may obligate up to $44,899,227 of the funds in the Na8 tional Defense Stockpile Transaction Fund established 

9 under subsection (a) of section 9 of the Strategic and Crit10 ical Materials Stock Piling Act (50 U.S.C. 98h) for the 

11 authorized uses of such funds under subsection (b)(2) of 

12 such section, including the disposal of hazardous materials 

13 that are environmentally sensitive. 

14 (b) ADDITIONAL OBLIGATIONS.—The National De15 fense Stockpile Manager may obligate amounts in excess 

16 of the amount specified in subsection (a) if the National 

17 Defense Stockpile Manager notifies Congress that extraor18 dinary or emergency conditions necessitate the additional 

19 obligations. The National Defense Stockpile Manager may 

20 make the additional obligations described in the notifica21 tion after the end of the 45-day period beginning on the 

22 date on which Congress receives the notification. 

23 (c) LIMITATIONS.—The authorities provided by this 

24 section shall be subject to such limitations as may be pro25 vided in appropriations Acts. 


smartinez on DSK6TPTVN1PROD with BILLS
784 

HR 4310 RFS

1 SEC. 1412. ADDITIONAL SECURITY OF STRATEGIC MATE2 RIALS SUPPLY CHAINS. 

3 Section 2(b) of the Strategic and Critical Materials 

4 Stock Piling Act (50 U.S.C. 98a) is amended by inserting 

5 ‘‘or a single point of failure’’ after ‘‘foreign sources’’. 

6 Subtitle C—Other Matters 

7 SEC. 1421. REDUCTION OF UNOBLIGATED BALANCES WITH8 IN THE PENTAGON RESERVATION MAINTE9 NANCE REVOLVING FUND. 

10 Not later than 60 days after the date of the enact11 ment of this Act, the Secretary of Defense shall transfer 

12 $26,000,000 from the unobligated balances of the Pen13 tagon Reservation Maintenance Revolving Fund estab14 lished under section 2674(e) of title 10, United States 

15 Code, to the Miscellaneous Receipts Fund of the United 

16 States Treasury. 

17 SEC. 1422. AUTHORITY FOR TRANSFER OF FUNDS TO JOINT 

18 DEPARTMENT OF DEFENSE-DEPARTMENT OF 

19 VETERANS AFFAIRS MEDICAL FACILITY DEM20 ONSTRATION FUND FOR CAPTAIN JAMES A. 

21 LOVELL HEALTH CARE CENTER, ILLINOIS. 

22 (a) AUTHORITY FOR TRANSFER OF FUNDS.—Of the 

23 funds authorized to be appropriated for section 1406 and 

24 available for the Defense Health Program for operation 

25 and maintenance, $139,204,000 may be transferred by the 

26 Secretary of Defense to the Joint Department of Defense– 


smartinez on DSK6TPTVN1PROD with BILLS
785 

HR 4310 RFS

1 Department of Veterans Affairs Medical Facility Dem2 onstration Fund established by subsection (a)(1) of sec3 tion 1704 of the National Defense Authorization Act for 

4 Fiscal Year 2010 (Public Law 111–84; 123 Stat. 2571). 

5 For purposes of subsection (a)(2) of such section 1704, 

6 any funds so transferred shall be treated as amounts au7 thorized and appropriated specifically for the purpose of 

8 such a transfer. 

9 (b) USE OF TRANSFERRED FUNDS.—For the pur10 poses of subsection (b) of such section 1704, facility oper11 ations for which funds transferred under subsection (a) 

12 may be used are operations of the Captain James A. 

13 Lovell Federal Health Care Center, consisting of the 

14 North Chicago Veterans Affairs Medical Center, the Navy 

15 Ambulatory Care Center, and supporting facilities des16 ignated as a combined Federal medical facility under an 

17 operational agreement covered by section 706 of the Dun18 can Hunter National Defense Authorization Act for Fiscal 

19 Year 2009 (Public Law 110–417; 122 Stat. 4500). 

20 SEC. 1423. AUTHORIZATION OF APPROPRIATIONS FOR 

21 ARMED FORCES RETIREMENT HOME. 

22 There is hereby authorized to be appropriated for fis23 cal year 2013 from the Armed Forces Retirement Home 

24 Trust Fund the sum of $67,590,000 for the operation of 

25 the Armed Forces Retirement Home. 


smartinez on DSK6TPTVN1PROD with BILLS
786 

HR 4310 RFS

1 TITLE XV—AUTHORIZATION OF 

2 ADDITIONAL APPROPRIA3 TIONS FOR OVERSEAS CON4 TINGENCY OPERATIONS 

5 Subtitle A—Authorization of 

6 Additional 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 

14 fiscal year 2013 for procurement accounts for the Army, 

15 the Navy and the Marine Corps, the Air Force, and De16 fense-wide activities, as specified in the funding table in 

17 section 4102. 

18 SEC. 1503. RESEARCH, DEVELOPMENT, TEST, AND EVALUA19 TION. 

20 Funds are hereby authorized to be appropriated for 

21 fiscal year 2013 for the use of the Department of Defense 

22 for research, development, test, and evaluation, as speci23 fied in the funding table in section 4202. 


smartinez on DSK6TPTVN1PROD with BILLS
787 

HR 4310 RFS

1 SEC. 1504. OPERATION AND MAINTENANCE. 

2 Funds are hereby authorized to be appropriated for 

3 fiscal year 2013 for the use of the Armed Forces and other 

4 activities and agencies of the Department of Defense for 

5 expenses, not otherwise provided for, for operation and 

6 maintenance, as specified in the funding table in section 

7 4302. 

8 SEC. 1505. MILITARY PERSONNEL. 

9 Funds are hereby authorized to be appropriated for 

10 fiscal year 2013 for the use of the Armed Forces and other 

11 activities and agencies of the Department of Defense for 

12 expenses, not otherwise provided for, for military per13 sonnel, as specified in the funding table in section 4402. 

14 SEC. 1506. WORKING CAPITAL FUNDS. 

15 Funds are hereby authorized to be appropriated for 

16 fiscal year 2013 for the use of the Armed Forces and other 

17 activities and agencies of the Department of Defense for 

18 providing capital for working capital and revolving funds, 

19 as specified in the funding table in section 4502. 

20 SEC. 1507. DEFENSE HEALTH PROGRAM. 

21 Funds are hereby authorized to be appropriated for 

22 the Department of Defense for fiscal year 2013 for ex23 penses, not otherwise provided for, for the Defense Health 

24 Program, as specified in the funding table in section 4502. 


smartinez on DSK6TPTVN1PROD with BILLS
788 

HR 4310 RFS

1 SEC. 1508. DRUG INTERDICTION AND COUNTER-DRUG AC2 TIVITIES, DEFENSE-WIDE. 

3 Funds are hereby authorized to be appropriated for 

4 the Department of Defense for fiscal year 2013 for ex5 penses, not otherwise provided for, for Drug Interdiction 

6 and Counter-Drug Activities, Defense-wide, as specified in 

7 the funding table in section 4502. 

8 SEC. 1509. DEFENSE INSPECTOR GENERAL. 

9 Funds are hereby authorized to be appropriated for 

10 the Department of Defense for fiscal year 2013 for ex11 penses, not otherwise provided for, for the Office of the 

12 Inspector General of the Department of Defense, as speci13 fied in the funding 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 

18 be 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 


smartinez on DSK6TPTVN1PROD with BILLS
789 

HR 4310 RFS

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 $3,000,000,000. 

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 author13 ity provided by this section is in addition to the transfer 

14 authority provided under section 1001. 

15 SEC. 1523. LIMITATION ON USE OF FUNDS IN OVERSEAS 

16 CONTINGENCY OPERATIONS TRANSFER 

17 FUND. 

18 Amounts appropriated to the Overseas Contingency 

19 Operations Transfer Fund pursuant to the authorizations 

20 of appropriations contained in this title and available for 

21 use or transfer to cover expenses directly relating to over22 seas contingency operations by the United States Armed 

23 Forces may be used only for an item or activity specified 

24 in the overseas contingency operations portion of the 

25 budget submitted to Congress by the President under secVerDate Mar 15 2010 01:00 Jun 20, 2012 Jkt 019200 PO 00000 Frm 00789 Fmt 6652 Sfmt 6201 E:\BILLS\H4310.RFS H4310

smartinez on DSK6TPTVN1PROD with BILLS
790 

HR 4310 RFS

1 tion 1105 of title 31, United States Code, for fiscal year 

2 2013. 

3 Subtitle C—Limitations and Other 

4 Matters 

5 SEC. 1531. JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT 

6 FUND. 

7 (a) USE AND TRANSFER OF FUNDS.—Subsections 

8 (b) and (c) of section 1514 of the John Warner National 

9 Defense Authorization Act for Fiscal Year 2007 (Public 

10 Law 109–364; 120 Stat. 2439), as in effect before the 

11 amendments made by section 1503 of the Duncan Hunter 

12 National Defense Authorization Act for Fiscal Year 2009 

13 (Public Law 110–417; 122 Stat. 4649), shall apply to the 

14 funds made available to the Department of Defense for 

15 the Joint Improvised Explosive Device Defeat Fund for 

16 fiscal year 2013. In providing prior notice to the congres17 sional defense committees of the obligation of funds from 

18 the Joint Improvised Explosive Device Defeat Fund for 

19 such fiscal year, as required by paragraph (4) of such sub20 section (c), the Secretary of Defense shall include the mar21 ket research or associated analysis of alternatives con22 ducted in the process of taking action to initiate any 

23 project for which the total obligation of funds from the 

24 Fund will exceed $10,000,000. 


smartinez on DSK6TPTVN1PROD with BILLS
791 

HR 4310 RFS

1 (b) MONTHLY OBLIGATIONS AND EXPENDITURE RE2 PORTS.—Not later than 15 days after the end of each 

3 month of fiscal year 2013, the Secretary of Defense shall 

4 provide to the congressional defense committees a report 

5 on the Joint Improvised Explosive Device Defeat Fund ex6 plaining monthly commitments, obligations, and expendi7 tures by line of action. 

8 (c) ADDITIONAL AUTHORIZED USE OF FUNDS IN

9 JIEDDF.—Funds in the Joint Improvised Explosive De10 vice Defeat Fund shall be available, with the concurrence 

11 of the Secretary of State, for the purpose of monitoring, 

12 disrupting, and interdicting the movement of explosive de13 vice precursors from a country that borders Afghanistan 

14 to a location within Afghanistan. For a country in which 

15 the actions and activities described in the preceding sen16 tence are carried out, such funds may, with the concur17 rence of the Secretary of State, also be used to train and 

18 equip the security forces of that country that support mis19 sions to monitor, disrupt, and interdict the movement of 

20 explosive device precursors into Afghanistan. 


smartinez on DSK6TPTVN1PROD with BILLS
792 

HR 4310 RFS

1 SEC. 1532. ONE-YEAR EXTENSION OF PROJECT AUTHORITY 

2 AND RELATED REQUIREMENTS OF TASK 

3 FORCE FOR BUSINESS AND STABILITY OPER4 ATIONS IN AFGHANISTAN. 

5 (a) EXTENSION.—Subsection (a) of section 1535 of 

6 the Ike Skelton National Defense Authorization Act for 

7 Fiscal Year 2011 (Public Law 111–383; 124 Stat. 4426), 

8 as amended by section 1534 of the National Defense Au9 thorization Act for Fiscal Year 2012 (Public Law 112– 

10 81; 125 Stat. 1658), is further amended— 

11 (1) in paragraph (6), by striking ‘‘October 31, 

12 2011, and October 31, 2012’’ and inserting ‘‘Octo13 ber 31, 2011, October 31, 2012, and October 31, 

14 2013’’; and 

15 (2) in paragraph (7), by striking ‘‘September 

16 30, 2012’’ and inserting ‘‘September 30, 2013’’. 

17 (b) SCOPE OF PROJECTS.—Paragraph (3) of such 

18 subsection, as so amended, is further amended— 

19 (1) by striking ‘‘private investment, mining sec20 tor development, industrial development, and other 

21 projects’’ and inserting ‘‘mining and natural re22 source industry development’’; and 

23 (2) by striking ‘‘focus on improving the com24 mercial viability of’’ and inserting ‘‘complement’’. 

25 (c) FUNDING.—Paragraph (4) of such subsection, as 

26 so amended, is further amended— 


smartinez on DSK6TPTVN1PROD with BILLS
793 

HR 4310 RFS

1 (1) by striking ‘‘The Secretary’’ and inserting 

2 the following: 

3 ‘‘(A) IN GENERAL.—The Secretary’’. 

4 (2) by striking ‘‘The amount’’ and all that fol5 lows through ‘‘appropriate congressional commit6 tees.’’ and inserting the following: 

7 ‘‘(B) LIMITATION.—The amount of funds 

8 used under authority of subparagraph (A)— 

9 ‘‘(i) may not exceed $150,000,000 for 

10 fiscal year 2012, except that not more than 

11 50 percent of such amount may be obli12 gated until the plan required by subsection 

13 (b) is submitted to the appropriate con14 gressional committees; and 

15 ‘‘(ii) may not exceed $50,000,000 for 

16 fiscal year 2013, except that no such funds 

17 may be obligated until the Secretary noti18 fies the appropriate congressional commit19 tees that the activities of the Task Force 

20 for Business and Stability Operations in 

21 Afghanistan will be transitioned to the De22 partment of State by September 30, 

23 2013.’’; and 

24 (3) by striking ‘‘The funds’’ and inserting the 

25 following: 


smartinez on DSK6TPTVN1PROD with BILLS
794 

HR 4310 RFS

1 ‘‘(C) AVAILABILITY.—The funds’’. 

2 SEC. 1533. LIMITATIONS ON AVAILABILITY OF FUNDS IN AF3 GHANISTAN SECURITY FORCES FUND. 

4 (a) CONTINUATION OF EXISTING LIMITATIONS ON

5 AVAILABILITY OF FUNDS IN AFGHANISTAN SECURITY

6 FORCES FUND.—Funds available to the Department of 

7 Defense for the Afghanistan Security Forces Fund for fis8 cal year 2013 shall be subject to the conditions contained 

9 in subsections (b) through (g) of section 1513 of the Na10 tional Defense Authorization Act for Fiscal Year 2008 

11 (Public Law 110–181; 122 Stat. 428), as amended by sec12 tion 1531(b) of the Ike Skelton National Defense Author13 ization Act for Fiscal Year 2011 (Public Law 111–383; 

14 124 Stat. 4424). 

15 (b) AFGHAN PUBLIC PROTECTION FORCE.— 

16 (1) LIMITATION.—None of the funds available 

17 to the Department of Defense for fiscal year 2013 

18 for the Afghanistan Security Forces Fund may be 

19 obligated or expended for the Afghan Public Protec20 tion Force (in this subsection referred to as the 

21 ‘‘APPF’’) until the Secretary of Defense certifies in 

22 writing to the congressional defense committees the 

23 following: 

24 (A) Each subcontract, task order, or deliv25 ery order entered into with the APPF under a 


smartinez on DSK6TPTVN1PROD with BILLS
795 

HR 4310 RFS

1 contract of the Department of Defense, or any 

2 agreement between the United States and Af3 ghanistan for services of the APPF for the De4 partment of Defense, will include— 

5 (i) standard format, content, and li6 ability clauses to ensure consistent levels of 

7 security and dispute resolution mecha8 nisms; 

9 (ii) a requirement for members of the 

10 APPF to adhere to the APPF Code of 

11 Conduct, including principles of conduct 

12 for such personnel, minimum vetting re13 quirements, and management and over14 sight commitments; 

15 (iii) authority for the prime contractor 

16 or, in the case of an agreement, the United 

17 States, to independently conduct biometric 

18 screening; 

19 (iv) authority for the prime contractor 

20 or, in the case of an agreement, the United 

21 States— 

22 (I) to direct the APPF, at its 

23 own expense, to remove or replace any 

24 personnel performing on a subcontract 

25 or such agreement who fail to meet 


smartinez on DSK6TPTVN1PROD with BILLS
796 

HR 4310 RFS

1 the APPF Code of Conduct or terms 

2 of such subcontract or agreement; and 

3 (II) to terminate the subcontract 

4 or such agreement, if the failure to 

5 comply is a gross violation or is re6 peated; and 

7 (v) authority for the Commander, 

8 International Security Assistance Force (or 

9 his designee)— 

10 (I) to provide an arming author11 ization for APPF personnel author12 ized to perform activities at a military 

13 installation or facility in Afghanistan 

14 at which members of the Armed 

15 Forces deployed to Afghanistan are 

16 garrisoned or housed; 

17 (II) to account for and keep ap18 propriate records of APPF personnel 

19 authorized to perform activities at a 

20 military installation or facility in Af21 ghanistan at which members of the 

22 Armed Forces deployed to Afghani23 stan are garrisoned or housed, includ24 ing on a database referred to as the 


smartinez on DSK6TPTVN1PROD with BILLS
797 

HR 4310 RFS

1 Synchronized Predeployment and 

2 Operational Tracker; and 

3 (III) to consult with the Minister 

4 of Interior of Afghanistan regarding 

5 rules on the use of force for APPF 

6 personnel. 

7 (B) The Minister of Interior of Afghani8 stan is committed to ensuring that sufficient 

9 numbers of APPF personnel are trained to 

10 match demand and attrition. 

11 (C) Sufficient clarity exists with regard to 

12 command and control of APPF personnel and 

13 the role of risk management consultants. 

14 (D) The program established pursuant to 

15 section 1225 of the National Defense Author16 ization Act for Fiscal Year 2010 (Public Law 

17 111–84; 22 U.S.C. 2785 note) is sufficient to— 

18 (i) account for the transfer of any 

19 contractor-acquired, United States Govern20 ment-owned defense articles to the APPF; 

21 and 

22 (ii) conduct end-use monitoring, in23 cluding an inventory of the existence and 

24 completeness of any such defense articles; 


smartinez on DSK6TPTVN1PROD with BILLS
798 

HR 4310 RFS

1 (E) Mechanisms are in place to ensure 

2 that there is no additional cost to the United 

3 States for— 

4 (i) a weapon used in the performance 

5 of APPF services under a subcontract of a 

6 contract of the Department of Defense, or 

7 through an agreement between the United 

8 States and Afghanistan, if such a weapon 

9 is a United States Government-owned 

10 weapon; and 

11 (ii) any assistance also provided 

12 through the Afghan Security Forces Fund 

13 for support to APPF. 

14 (F) The Minister of Interior of Afghani15 stan has established the elements required by 

16 subparagraphs (A) through (F) of section 

17 862(a)(2) of the National Defense Authoriza18 tion Act for Fiscal Year 2008 (Public Law 

19 110–181). For purposes of the preceding sen20 tence, the terms ‘‘personnel performing private 

21 security functions in an area of combat oper22 ations or other significant military operations’’, 

23 ‘‘contractor’’, and ‘‘contractor personnel’’, as 

24 used in section 862 of such Act, mean members 

25 of the APPF. 


smartinez on DSK6TPTVN1PROD with BILLS
799 

HR 4310 RFS

1 (G) The Secretary is confident the security 

2 provided to supply convoys, to Department of 

3 Defense construction projects, and to Armed 

4 Forces deployed to Afghanistan will not be de5 graded. 

6 (2) ADDITIONAL LIMITATION.—None of the 

7 funds available to the Department of Defense for 

8 fiscal year 2013 for the Afghanistan Security Forces 

9 Fund may be obligated or expended for infrastruc10 ture improvements at a APPF training center. 

11 (3) QUARTERLY REPORTS.— 

12 (A) ASSESSMENT REQUIRED.—Each fiscal 

13 year quarter during fiscal years 2013 and 2014, 

14 the Secretary of Defense shall conduct an as15 sessment of the APPF. 

16 (B) REPORTS.—Thirty days following the 

17 end of each quarter of fiscal years 2013 and 

18 2014, the Secretary shall submit a report to the 

19 congressional defense committees of each as20 sessment conducted under subparagraph (A). 

21 (C) MATTERS COVERED.—Each such re22 port shall include— 

23 (i) a detailed assessment of the ability 

24 of the APPF to perform the essential tasks 

25 identified by the assessment team; 


smartinez on DSK6TPTVN1PROD with BILLS
800 

HR 4310 RFS

1 (ii) an identification and evaluation of 

2 measures of effectiveness; 

3 (iii) a description of the size of the 

4 APPF and an assessment of the suffi5 ciency of its recruiting and training; and 

6 (iv) a discussion of the issues the Sec7 retary considers significant, and any rec8 ommendations to address those issues or 

9 other recommendations to improve future 

10 performance of the APPF, as the Sec11 retary considers appropriate. 

12 (D) FIRST REPORT.—The first quarterly 

13 report submitted after the date of the enact14 ment of this Act shall include an estimate of 

15 the cost to the Department of Defense of the 

16 APPF, including funds within the Afghan Secu17 rity Forces Fund and estimated contractual 

18 costs for fiscal years 2013 and 2014. 

19 (E) A report submitted following the end 

20 of the second and fourth quarter of a fiscal year 

21 shall include a comparison of the cost to the 

22 Department of Defense (both direct and to con23 tractors of the Department of Defense) for the 

24 preceding six months of— 

25 (i) the use of the APPF; and 


smartinez on DSK6TPTVN1PROD with BILLS
801 

HR 4310 RFS

1 (ii) the historical use of private secu2 rity contractors for a similar six-month pe3 riod. 

4 (4) AGREEMENTS.—The Secretary shall submit 

5 to the congressional defense committees a copy of 

6 each agreement signed by the United States and Af7 ghanistan for services of the APPF for the Depart8 ment of Defense during the first six months fol9 lowing the date of the enactment of this Act. 

10 TITLE XVI—INDUSTRIAL BASE 

11 MATTERS 

12 Subtitle A—Defense Industrial 

13 Base Matters 

14 SEC. 1601. DISESTABLISHMENT OF DEFENSE MATERIEL 

15 READINESS BOARD. 

16 (a) DISESTABLISHMENT OF BOARD.—The Defense 

17 Materiel Readiness Board established pursuant to section 

18 871 of the National Defense Authorization Act for Fiscal 

19 Year 2008 (Public Law 110–181; 10 U.S.C. 117 note) is 

20 hereby disestablished. 

21 (b) TERMINATION OF DEFENSE STRATEGIC READI22 NESS FUND.—The Defense Strategic Readiness Fund es23 tablished by section 872(d) of the National Defense Au24 thorization Act for Fiscal Year 2008 (Public Law 110– 

25 181; 10 U.S.C. 117 note) is hereby closed. 


smartinez on DSK6TPTVN1PROD with BILLS
802 

HR 4310 RFS

1 (c) REPEAL.—Subtitle G of title VIII of the National 

2 Defense Authorization Act for Fiscal Year 2008 (Public 

3 Law 110–181; 10 U.S.C. 117 note) is repealed. 

4 SEC. 1602. ASSESSMENT OF EFFECTS OF FOREIGN BOY5 COTTS. 

6 Section 2505 of title 10, United States Code, is 

7 amended— 

8 (1) by redesignating subsection (d) as sub9 section (e); and 

10 (2) by inserting after subsection (c) the fol11 lowing new subsection (d): 

12 ‘‘(d) ASSESSMENT OF EXTENT OF EFFECTS OF FOR13 EIGN BOYCOTTS.—Each assessment under subsection (a) 

14 shall include a separate discussion and presentation re15 garding the extent to which the national technology and 

16 industrial base is affected by foreign boycotts. The discus17 sion and presentation regarding foreign boycotts shall— 

18 ‘‘(1) identify sectors of the national technology 

19 and industrial base being affected by foreign boy20 cotts; 

21 ‘‘(2) assess the harm to the national technology 

22 and industrial base as a result of such boycotts; and 

23 ‘‘(3) identify actions necessary to minimize the 

24 effects of foreign boycotts on the national technology 

25 and industrial base.’’. 


smartinez on DSK6TPTVN1PROD with BILLS
803 

HR 4310 RFS

1 SEC. 1603. ADVANCING INNOVATION PILOT PROGRAM. 

2 (a) PILOT PROGRAM.—The Secretary of Defense, 

3 acting through the Assistant Secretary of Defense for Re4 search and Engineering, may establish and implement a 

5 pilot program, to be known as the ‘‘Advancing Innovation 

6 Pilot Program’’, in furtherance of the national security ob7 jectives in section 2501(a) of title 10, United States Code. 

8 (b) PURPOSE.—The purpose of the pilot program is 

9 to accelerate development and fielding of research innova10 tions from qualifying institutions. 

11 (c) AVAILABILITY OF FUNDS.—Of the funds author12 ized and appropriated, or otherwise made available, for re13 search, development, test and evaluation, the Secretary 

14 may allocate funding to qualifying institutions in accord15 ance with this subsection. Such funding shall be used to 

16 evaluate the potential of fielding or commercialization of 

17 existing discoveries, including— 

18 (1) proof of concept research or prototype de19 velopment; and 

20 (2) activities that contribute to determining a 

21 project’s path to fielding or commercialization of 

22 dual-use technologies, including technical validations, 

23 market research, determination of intellectual prop24 erty rights, and investigating military or commercial 

25 opportunities. 


smartinez on DSK6TPTVN1PROD with BILLS
804 

HR 4310 RFS

1 (d) IMPLEMENTATION.—Prior to obligation or execu2 tion of funding under the pilot program, the Secretary 

3 shall develop and issue guidance to implement the pilot 

4 program. Such guidance shall, at a minimum— 

5 (1) require that funding allocated under the 

6 pilot program shall be done using a competitive, 

7 merit-based process; 

8 (2) ensure that qualifying institutions establish 

9 a rigorous, diverse review board for program execu10 tion that shall be comprised of experts in 

11 translational and proof of concept research, includ12 ing representatives that provide expertise in 

13 transitioning technology, financing mechanisms, in14 tellectual property rights, and advancement of small 

15 business concerns; 

16 (3) ensure that technology validation milestones 

17 are established; and 

18 (4) enable the Assistant Secretary to reallocate 

19 funding with the pilot program from poor per20 forming projects to those with more potential. 

21 (e) LIMITATION.—Funding made available under the 

22 pilot program shall not be used for basic research, or to 

23 fund the acquisition of research equipment or supplies not 

24 directly related to fielding activities to meet military re25 quirements or commercialization of dual-use technologies. 


smartinez on DSK6TPTVN1PROD with BILLS
805 

HR 4310 RFS

1 (f) REPORT.—Not later than 90 days after the com2 pletion of the pilot program, the Secretary shall submit 

3 to the congressional defense committees a report evalu4 ating the effectiveness of the activities of the pilot pro5 gram. The report shall include— 

6 (1) a detailed description of the execution of the 

7 pilot program, including incentives and activities un8 dertaken by review board experts; 

9 (2) an accounting of the funds used in the pilot 

10 program; 

11 (3) a detailed description of the institutional 

12 and proposal selection process; 

13 (4) a detailed compilation of results achieved by 

14 the pilot program; 

15 (5) an analysis of the program’s effectiveness, 

16 with data supporting the analysis; and 

17 (6) recommendations for advancing innovation 

18 and otherwise improving the transition of technology 

19 to meet Department of Defense requirements. 

20 (g) DEFINITIONS.—In this section: 

21 (1) QUALIFYING INSTITUTION.—The term 

22 ‘‘qualifying institution’’ means any entity at which 

23 research and development activities are conducted 

24 and that has past performance in technology transiVerDate Mar 15 2010 01:00 Jun 20, 2012 Jkt 019200 PO 00000 Frm 00805 Fmt 6652 Sfmt 6201 E:\BILLS\H4310.RFS H4310

smartinez on DSK6TPTVN1PROD with BILLS
806 

HR 4310 RFS

1 tion or commercialization of third-party research, in2 cluding— 

3 (A) an institution of higher education or 

4 other nonprofit entity; and 

5 (B) a for-profit entity. 

6 (2) RESEARCHER.—The term ‘‘researcher’’ 

7 means a university or Federal laboratory that con8 ducts basic research. 

9 (3) INSTITUTION OF HIGHER EDUCATION.—The 

10 term ‘‘institution of higher education’’ has the 

11 meaning given such term in section 101 of the High12 er Education Act of 1965. 

13 (4) DUAL-USE.—The term ‘‘dual-use’’ has the 

14 meaning provided in section 2500(2) of title 10, 

15 United States Code. 

16 (h) TERMINATION.—The pilot program conducted 

17 under this section shall terminate on September 30, 2017. 

18 SEC. 1604. NATIONAL SECURITY STRATEGY FOR NATIONAL 

19 TECHNOLOGY AND INDUSTRIAL BASE. 

20 (a) REQUIREMENT FOR STRATEGY.— 

21 (1) IN GENERAL.—Section 2501 of title 10, 

22 United States Code, is amended as follows: 

23 (A) The section heading is amended by 

24 striking ‘‘objectives concerning’’ and in25 serting ‘‘strategy for’’. 


smartinez on DSK6TPTVN1PROD with BILLS
807 

HR 4310 RFS

1 (B) Subsection (a) is amended— 

2 (i) in the subsection heading, by strik3 ing ‘‘OBJECTIVES’’ and inserting ‘‘STRAT4 EGY’’; 

5 (ii) by striking ‘‘It is the policy of’’ 

6 and all that follows through ‘‘objectives:’’ 

7 and inserting the following: ‘‘The Secretary 

8 of Defense shall develop a national security 

9 strategy for the national technology and 

10 industrial base. Such strategy shall be 

11 based on a prioritized assessment of risks 

12 and challenges to the defense supply chain 

13 and shall ensure that the national tech14 nology and industrial base is capable of 

15 achieving the following national security 

16 objectives:’’; and 

17 (iii) by adding at the end the fol18 lowing new paragraphs: 

19 ‘‘(9) Ensuring reliable sources of materials that 

20 are critical to national security, such as specialty 

21 metals, armor plate and rare earth elements. 

22 ‘‘(10) Reducing, to the maximum extent prac23 ticable, the presence of counterfeit parts in the sup24 ply chain and the risk associated with such parts.’’. 


smartinez on DSK6TPTVN1PROD with BILLS
808 

HR 4310 RFS

1 (2) CLERICAL AMENDMENT.—The item relating 

2 to section 2501 in the table of sections at the begin3 ning of subchapter II of chapter 148 of such title is 

4 amended to read as follows: 

‘‘2501. National security strategy for national technology and industrial base.’’. 

5 (b) AMENDMENT TO ANNUAL REPORT RELATING TO

6 DEFENSE INDUSTRIAL BASE.—Section 2504 of such title 

7 is amended— 

8 (1) by striking paragraph (2); 

9 (2) by redesignating paragraph (3) as para10 graph (2); and 

11 (3) by inserting after paragraph (2) (as so re12 designated) the following new paragraph (3): 

13 ‘‘(3) Based on the assessments prepared pursu14 ant to section 2505 of this title— 

15 ‘‘(A) a description of any mitigation strate16 gies necessary to address any gaps or 

17 vulnerabilities in the national technology and 

18 industrial base; and 

19 ‘‘(B) any other steps necessary to foster 

20 and safeguard the national technology and in21 dustrial base.’’. 

22 (c) REQUIREMENT FOR CONSIDERATION OF STRAT23 EGY IN ACQUISITION PLANS.—Section 2440 of such title 

24 is amended by inserting after ‘‘base’’ the following: ‘‘, in 


smartinez on DSK6TPTVN1PROD with BILLS
809 

HR 4310 RFS

1 accordance with the strategy required by section 2501 of 

2 this title,’’. 

3 (d) CONFORMING AMENDMENTS.—Section 852 of the 

4 National Defense Authorization Act for Fiscal Year 2012 

5 (Public Law 112–81; 125 Stat. 1517; 10 U.S.C. 2504 

6 note) is amended— 

7 (1) by striking subsection (c); and 

8 (2) by redesignating subsection (d) as sub9 section (c), and in that subsection by striking ‘‘sub10 section (c).’’ in the first sentence and inserting ‘‘sec11 tion 2501 of title 10, United States Code.’’. 

12 Subtitle B—Department of Defense 

13 Activities Related to Small Busi14 ness Matters 

15 SEC. 1611. PILOT PROGRAM TO ASSIST IN THE GROWTH 

16 AND DEVELOPMENT OF ADVANCED SMALL 

17 BUSINESS CONCERNS. 

18 (a) ESTABLISHMENT OF PILOT PROGRAM.—The Sec19 retary of Defense shall establish a pilot program within 

20 the Department of Defense to assist in the growth and 

21 development of advanced small business concerns in ac22 cordance with this section. 

23 (b) REQUIREMENTS OF PILOT PROGRAM.— 

24 (1) RESTRICTED COMPETITION FOR CERTAIN

25 CONTRACTS.—Under the pilot program and except 


smartinez on DSK6TPTVN1PROD with BILLS
810 

HR 4310 RFS

1 as provided under paragraph (2)(B), competition for 

2 contract awards may be restricted to advanced small 

3 business concerns if— 

4 (A) the anticipated award price of the con5 tract (including options) is reasonably expected 

6 to exceed $25,000,000; 

7 (B) the Procurement Center Representa8 tive of the Small Business Administration or 

9 the Director of Small Business Programs of the 

10 Department of Defense determines that, if the 

11 contract were not awarded under the pilot pro12 gram, the contract would likely be awarded to 

13 an entity other than a small business concern; 

14 (C) there is a reasonable expectation that 

15 at least two advanced small business concerns 

16 will submit offers with respect to the contract; 

17 (D) such advanced small business concerns 

18 agree to the requirements specified in section 

19 15(o) of the Small Business Act (15 U.S.C. 

20 644(o)) (relating to percentage of work under 

21 the contract to be performed by the concern), 

22 except that work performed by other advanced 

23 small business concerns or by small business 

24 concerns shall be considered as work performed 


smartinez on DSK6TPTVN1PROD with BILLS
811 

HR 4310 RFS

1 by the prime contractor for purposes of such re2 quirements; and 

3 (E) the contract award can be made at a 

4 fair market price. 

5 (2) ELIGIBILITY.— 

6 (A) ADVANCED SMALL BUSINESS CON7 CERN.—An entity shall be considered an ad8 vanced small business concern and eligible for 

9 participation in the pilot program if the enti10 ty— 

11 (i) is independently owned and oper12 ated and is not dominant in its field of op13 eration; and 

14 (ii) has fewer than— 

15 (I) twice the number of employ16 ees the Small Business Administration 

17 has assigned as a size standard to the 

18 North American Industrial Classifica19 tion Standard code in which the entity 

20 is operating; or 

21 (II) three times the average an22 nual receipts the Small Business Ad23 ministration has assigned as a size 

24 standard to the North American InVerDate Mar 15 2010 01:00 Jun 20, 2012 Jkt 019200 PO 00000 Frm 00811 Fmt 6652 Sfmt 6201 E:\BILLS\H4310.RFS H4310

smartinez on DSK6TPTVN1PROD with BILLS
812 

HR 4310 RFS

1 dustrial Classification Standard code 

2 in which the entity is operating. 

3 (B) SMALL BUSINESS CONCERN.—Not4 withstanding paragraph (1), a small business 

5 concern may submit an offer for any contract 

6 under the pilot program. 

7 (3) CONSIDERATION AND NOTICE TO PUBLIC.— 

8 With respect to a contract opportunity determined to 

9 meet the criteria specified in paragraph (1), a con10 tracting officer for the Department of Defense 

11 shall— 

12 (A) consider awarding a contract under the 

13 pilot program before using full and open com14 petition for such contract; and 

15 (B) provide notice of the contract oppor16 tunity (including the eligibility requirements of 

17 the contract opportunity) in accordance with 

18 the Federal Acquisition Regulation and other 

19 applicable guidelines. 

20 (4) RELATIONSHIP TO SMALL BUSINESS ACT

21 PROGRAMS.— 

22 (A) An advanced small business concern 

23 shall not be eligible for any assistance provided 

24 to small businesses by the Small Business Act 

25 (15 U.S.C. 637 et seq.) or the Small Business 


smartinez on DSK6TPTVN1PROD with BILLS
813 

HR 4310 RFS

1 Investment Act of 1958 22 (15 U.S.C. 661 et 

2 seq.), unless eligibility is expressly provided 

3 through the pilot program established by this 

4 Act, and contracts awarded pursuant to the 

5 pilot program shall not be counted toward the 

6 achievement of the small business prime or sub7 contracting goals established by the Small Busi8 ness Act (15 U.S.C. 644). 

9 (B) An advanced small business concern 

10 shall enter into a subcontracting plan in accord11 ance with section 8(d) of the Small Business 

12 Act (15 U.S.C. 637(d)). 

13 (C) Nothing in this section authorizes a 

14 Procurement Center Representative or an em15 ployee of the Office of Small Business Pro16 grams to provide assistance to advanced small 

17 business concerns or to advocate for the restric18 tion of competition to advanced small business 

19 concerns. 

20 (c) IMPLEMENTATION.—Not later than 180 days 

21 after the date of the enactment of this Act, the Secretary 

22 of Defense, in consultation with the Administrator of the 

23 Small Business Administration, shall develop and issue 

24 guidance to implement the pilot program. The guidance 

25 shall— 


smartinez on DSK6TPTVN1PROD with BILLS
814 

HR 4310 RFS

1 (1) identify criteria under which the pilot pro2 gram is evaluated, including a methodology to collect 

3 data during the course of the pilot program to facili4 tate an assessment at the conclusion of the pilot pro5 gram; 

6 (2) permit a self-certification for eligibility for 

7 participation in the pilot program; 

8 (3) ensure that any self-certification requires 

9 the concern involved to meet the requirements of the 

10 Small Business Administration regarding ownership, 

11 control, and affiliation (as set forth in section 

12 121.103 of title 13 of the Code of Federal Regula13 tions); 

14 (4) establish an appeals process to handle chal15 lenges to self-certifications of advanced small busi16 ness concerns, with the certification of eligibility re17 siding with the Small Business Administration’s Of18 fice of Hearings and Appeals; 

19 (5) identify a method to reimburse the Small 

20 Business Administration for additional costs to the 

21 Administration relating to such self-certifications; 

22 (6) establish a methodology for identifying and 

23 tracking program participants, including reporting 

24 on contracts awarded to program participants using 

25 the Federal Procurement Data System; and 


smartinez on DSK6TPTVN1PROD with BILLS
815 

HR 4310 RFS

1 (7) ensure that the pilot program does not su2 persede goals or programs authorized by the Small 

3 Business Act (15 U.S.C. 637 et seq.) or the Small 

4 Business Investment Act of 1958 22 (15 U.S.C. 661 

5 et seq.) or count toward the achievement of the 

6 small business prime or subcontracting goals estab7 lished by the Small Business Act (15 U.S.C. 644). 

8 (d) REPORT TO CONGRESS.—Not later than one year 

9 after the date of the enactment of this Act, and annually 

10 thereafter for the duration of the pilot program, the Sec11 retary of Defense shall submit to the appropriate congres12 sional committees a report on the pilot program that in13 cludes each of the following: 

14 (1) The number of contracts awarded in the 

15 prior year under the pilot program. 

16 (2) The value of the contracts awarded under 

17 the pilot program and a description of the work car18 ried out under such contracts. 

19 (3) The number of program participants under 

20 the pilot program. 

21 (4) An assessment of the success of the pilot 

22 program based on the criteria described in sub23 section (c)(1). 

24 (5) Such recommendations as the Secretary 

25 considers appropriate, including a recommendation 


smartinez on DSK6TPTVN1PROD with BILLS
816 

HR 4310 RFS

1 regarding whether to extend the pilot program or 

2 terminate it early. 

3 (e) TERMINATION.—The pilot program shall termi4 nate on the date that is three years after the date on which 

5 the guidance for the pilot program is issued pursuant to 

6 subsection (c). 

7 (f) DEFINITIONS.—In this section: 

8 (1) ADVANCED SMALL BUSINESS CONCERN.— 

9 The term ‘‘advanced small business concern’’ means 

10 an entity that meets the requirements specified in 

11 subsection (b)(2)(A). 

12 (2) APPROPRIATE CONGRESSIONAL COMMIT13 TEES.—The term ‘‘appropriate congressional com14 mittees’’ means each of the following: 

15 (A) The Committees on Armed Services 

16 and on Small Business and Entrepreneurship of 

17 the Senate. 

18 (B) The Committees on Armed Services 

19 and on Small Business of the House of Rep20 resentatives. 

21 (3) OFFICE OF SMALL BUSINESS PROGRAMS.— 

22 The term ‘‘Office of Small Business Programs’’ 

23 means the Office of Small Business Programs de24 scribed in section 144(b) of title 10, United States 

25 Code. 


smartinez on DSK6TPTVN1PROD with BILLS
817 

HR 4310 RFS

1 (4) PILOT PROGRAM.—The term ‘‘pilot pro2 gram’’ means the program established by the Sec3 retary of Defense under subsection (a). 

4 (5) PROCUREMENT CENTER REPRESENTA5 TIVE.—The term ‘‘Procurement Center Representa6 tive’’ has the meaning provided in section 15 of the 

7 Small Business Act (15 U.S.C. 644). 

8 (6) SMALL BUSINESS CONCERN.—The term 

9 ‘‘small business concern’’ has the meaning provided 

10 under section 3(a) of the Small Business Act (15 

11 U.S.C. 632(a)). 

12 SEC. 1612. ROLE OF THE DIRECTORS OF SMALL BUSINESS 

13 PROGRAMS IN REQUIREMENTS DEVELOP14 MENT AND ACQUISITION DECISION PROC15 ESSES OF THE DEPARTMENT OF DEFENSE. 

16 (a) GUIDANCE REQUIRED.—The Secretary of De17 fense shall develop and issue guidance to ensure that the 

18 head of each Office of Small Business Programs in the 

19 Department of Defense is a participant in requirements 

20 development and acquisition decision processes— 

21 (1) of the Department, in the case of the Direc22 tor of Small Business Programs in the Department 

23 of Defense; and 

24 (2) of the military department concerned, in the 

25 case of the Director of Small Business Programs in 


smartinez on DSK6TPTVN1PROD with BILLS
818 

HR 4310 RFS

1 the Department of the Army, in the Department of 

2 the Navy, and in the Department of the Air Force. 

3 (b) MATTERS TO BE INCLUDED.—Such guidance 

4 shall, at a minimum— 

5 (1) require the Director of Small Business Pro6 grams in the Department of Defense— 

7 (A) to serve as an advisor to the Defense 

8 Acquisition Board; and 

9 (B) to serve as an advisor to the Informa10 tion Technology Acquisition Board; and 

11 (2) require coordination between the chiefs of 

12 the Armed Forces and the service acquisition execu13 tives, as appropriate (or their designees), and the 

14 Director of Small Business Programs in each mili15 tary department during the process for approval 

16 of— 

17 (A) a requirements document, as defined 

18 in section 2547 of title 10, United States Code; 

19 and 

20 (B) acquisition strategies or plans. 

21 SEC. 1613. SMALL BUSINESS ADVOCATE FOR DEFENSE 

22 AUDIT AGENCIES. 

23 (a) SMALL BUSINESS ADVOCATE.—Subchapter II of 

24 chapter 8 of title 10, United States Code, is amended by 

25 adding at the end the following new section: 


smartinez on DSK6TPTVN1PROD with BILLS
819 

HR 4310 RFS

1 ‘‘§ 204. Small Business Advocate for defense audit 

2 agencies 

3 ‘‘(a) SMALL BUSINESS ADVOCATE.—The Secretary 

4 of Defense shall designate within each defense audit agen5 cy an official as the Small Business Advocate to have the 

6 duties described in subsection (b) and such other respon7 sibilities as may be determined by the Secretary. 

8 ‘‘(b) DUTIES.—The Small Business Advocate at a de9 fense audit agency shall— 

10 ‘‘(1) advise the Director of the defense audit 

11 agency on all issues related to small business con12 cerns; 

13 ‘‘(2) serve as the defense audit agency’s pri14 mary point of contact and source of information for 

15 small business concerns; and 

16 ‘‘(3) collect relevant data and monitor the de17 fense audit agency’s conduct of audits of small busi18 ness concerns, including— 

19 ‘‘(A) monitoring the timeliness of audit 

20 closeouts for small business concerns; and 

21 ‘‘(B) monitoring the responsiveness of the 

22 agency to issues or other matters raised by 

23 small business concerns; and 

24 ‘‘(4) develop and implement processes and pro25 cedures to improve the performance of the defense 

26 audit agency related to the timeliness of audits of 


smartinez on DSK6TPTVN1PROD with BILLS
820 

HR 4310 RFS

1 small business concerns and the responsiveness of 

2 the agency to issues or other matters raised by small 

3 business concerns. 

4 ‘‘(c) DEFENSE AUDIT AGENCY DEFINED.—In this 

5 section, the term ‘defense audit agency’ means the De6 fense Contract Audit Agency and the Defense Contract 

7 Management Agency.’’. 

8 (b) CLERICAL AMENDMENT.—The table of sections 

9 at the beginning of chapter 8 of such title is amended by 

10 inserting after the item relating to section 203 the fol11 lowing new item: 

‘‘204. Small Business Advocate for defense audit agencies.’’. 

12 SEC. 1614. INDEPENDENT ASSESSMENT OF FEDERAL PRO13 CUREMENT CONTRACTING PERFORMANCE 

14 OF THE DEPARTMENT OF DEFENSE. 

15 (a) ASSESSMENT REQUIRED.—Not later than 60 

16 days after the date of the enactment of this Act, the Sec17 retary of Defense shall enter into a contract with a feder18 ally funded research and development center to conduct 

19 an independent assessment of the Department’s procure20 ment performance related to small business concerns. 

21 (b) MATTERS COVERED.—The assessment under 

22 subsection (a) shall, at a minimum, include— 

23 (1) a description of the industrial composition 

24 of companies receiving subcontracts pursuant to the 

25 test program for the negotiation of comprehensive 


smartinez on DSK6TPTVN1PROD with BILLS
821 

HR 4310 RFS

1 small business subcontracting plans pursuant to sec2 tion 834 of the National Defense Authorization Act 

3 for Fiscal Years 1990 and 1991 (Public Law 101– 

4 189; 15 U.S.C. 637 note); 

5 (2) a comparison of the industrial composition 

6 of prime contractors participating in such test pro7 gram and the industrial composition of all prime 

8 contractors of the Department of Defense; 

9 (3) a determination of barriers to accurately 

10 capturing data on small business prime contracting 

11 and subcontracting, including an examination of the 

12 reliability of the information technology systems of 

13 the Department that are used to track such data; 

14 (4) recommendations for improving the quality 

15 and availability of data regarding small business 

16 prime contracting and subcontracting performance; 

17 (5) recommendations to improve and inform ne18 gotiations regarding small business contract goals 

19 for the Department; 

20 (6) an examination of the execution of small 

21 business subcontracting plans, including an assess22 ment of the degree to which initial teaming agree23 ments are not maintained through the performance 

24 of contracts; 


smartinez on DSK6TPTVN1PROD with BILLS
822 

HR 4310 RFS

1 (7) an examination of the extent to which the 

2 Department adheres to current policies and guide3 lines relating to small business prime contracting 

4 and subcontracting goals; 

5 (8) recommendations for increasing opportuni6 ties for small business concerns owned and con7 trolled by service-disabled veterans (as defined by 

8 section 3(q) of the Small Business Act (15 U.S.C. 

9 632(q)) to do business with the Department of De10 fense; 

11 (9) an examination of the extent to which the 

12 Department bundles, consolidates, or otherwise 

13 groups requirements into contracts that are unsuit14 able for award to small businesses, and the effects 

15 that such practices have on small business participa16 tion; 

17 (10) recommendations for increasing small 

18 business prime contracting and subcontracting op19 portunities with the Department; and 

20 (11) recommendations for steps that can be 

21 taken to prevent abuses and ensuring that small 

22 business contracts are in fact going to small busi23 nesses. 

24 (c) REPORT.—Not later than January 1, 2014, the 

25 Secretary shall submit to the congressional defense comVerDate Mar 15 2010 01:00 Jun 20, 2012 Jkt 019200 PO 00000 Frm 00822 Fmt 6652 Sfmt 6201 E:\BILLS\H4310.RFS H4310

smartinez on DSK6TPTVN1PROD with BILLS
823 

HR 4310 RFS

1 mittees a report on the independent assessment conducted 

2 under this section. 

3 SEC. 1615. ASSESSMENT OF SMALL BUSINESS PROGRAMS 

4 TRANSITION. 

5 (a) INDEPENDENT REVIEW AND ASSESSMENT.—Not 

6 later than 30 days after the date of the enactment of this 

7 Act, the Secretary of Defense shall select an appropriate 

8 entity outside the Department of Defense to conduct an 

9 independent review and assessment of the transition of 

10 technologies developed by small business, such as those de11 veloped under the Small Business Innovation Research 

12 Program, into major weapon systems and major auto13 mated information systems for the Department of De14 fense. 

15 (b) ELEMENTS.—The review and assessment re16 quired by subsection (a) shall include the following: 

17 (1) An analysis of a representative sample of 

18 major weapon systems and major automated infor19 mation systems to determine the content of the sys20 tems from small businesses, including components 

21 transitioned from the Small Business Innovation Re22 search Program. 

23 (2) An analysis of established or ad hoc proc24 esses to allow program offices to monitor, evaluate, 


smartinez on DSK6TPTVN1PROD with BILLS
824 

HR 4310 RFS

1 and transition small business-developed technologies 

2 into their program. 

3 (3) Recommendations for developing a system4 atic and sustained process for monitoring, evalu5 ating, and transitioning small business-developed 

6 technologies for use by the entire defense acquisition 

7 system of the Department of Defense, including data 

8 collection and measures of effectiveness and per9 formance. 

10 (c) REPORT.— 

11 (1) REPORT REQUIRED.—Not later than 120 

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

13 entity conducting the review and assessment under 

14 subsection (a) shall submit to the Secretary and the 

15 congressional defense committees a report con16 taining— 

17 (A) the results of the review and assess18 ment; and 

19 (B) recommendations for improving the 

20 process for managing the transition and inte21 gration of technologies developed by small busi22 ness (including under the Small Business Inno23 vation Research Program) into major weapons 

24 systems and major automated information sys25 tems. 


smartinez on DSK6TPTVN1PROD with BILLS
825 

HR 4310 RFS

1 (2) ADDITIONAL EVALUATION REQUIRED.—Not 

2 later than 30 days after the date on which the con3 gressional defense committees receive the report re4 quired by paragraph (1), the Secretary shall submit 

5 to such committees an evaluation by the Secretary 

6 of the results and recommendations contained in 

7 such report. 

8 (d) SBIR PROGRAM DEFINED.—In this section, the 

9 term ‘‘Small Business Innovation Research Program’’ has 

10 the meaning provided such term by section 2500(11) of 

11 title 10, United States Code. 

12 SEC. 1616. ADDITIONAL RESPONSIBILITIES OF INSPECTOR 

13 GENERAL OF THE DEPARTMENT OF DE14 FENSE. 

15 (a) REQUIREMENT FOR PEER REVIEWS.—Section 

16 8(c) of the Inspector General Act of 1978 (5 U.S.C. App.) 

17 is amended— 

18 (1) by striking ‘‘and’’ at the end of paragraph 

19 (8); 

20 (2) by striking the period and inserting ‘‘; and’’ 

21 at the end of paragraph (9); and 

22 (3) by adding at the end the following new 

23 paragraph: 

24 ‘‘(10) conduct peer reviews of Department of 

25 Defense audit agencies in accordance with and in 


smartinez on DSK6TPTVN1PROD with BILLS
826 

HR 4310 RFS

1 such frequency as provided by Government auditing 

2 standards as established by the Comptroller General 

3 of the United States.’’. 

4 (b) REQUIREMENT FOR ADDITIONAL INFORMATION

5 IN SEMIANNUAL REPORTS.—Section 8(f) of such Act is 

6 amended by striking paragraph (1) and inserting the fol7 lowing: 

8 ‘‘(1) Each semiannual report prepared by the Inspec9 tor General of the Department of Defense under section 

10 5(a) shall be transmitted by the Secretary of Defense to 

11 the Committees on Armed Services and on Homeland Se12 curity and Governmental Affairs of the Senate and the 

13 Committees on Armed Services and on Oversight and Gov14 ernment Reform of the House of Representatives and to 

15 other appropriate committees or subcommittees of Con16 gress. Each such report shall include— 

17 ‘‘(A) information concerning the numbers and 

18 types of contract audits conducted by the Depart19 ment during the reporting period; and 

20 ‘‘(B) information concerning any Department of 

21 Defense audit agency that, during the reporting pe22 riod, has either failed an audit or is overdue for a 

23 peer review required to be conducted in accordance 

24 with subsection (c)(10).’’. 


smartinez on DSK6TPTVN1PROD with BILLS
827 

HR 4310 RFS

1 SEC. 1617. RESTORATION OF 1 PERCENT FUNDING FOR AD2 MINISTRATIVE EXPENSES OF COMMER3 CIALIZATION READINESS PROGRAM OF DE4 PARTMENT OF DEFENSE. 

5 (a) RESTORATION.—Section 9(y) of the Small Busi6 ness Act (15 U.S.C. 638(y)), as amended by section 

7 5141(b)(1)(B) of the National Defense Authorization Act 

8 for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 

9 1853) is amended— 

10 (1) by redesignating paragraphs (4) and (5) as 

11 paragraphs (5) and (6), respectively; and 

12 (2) by inserting after paragraph (3) the fol13 lowing new paragraph (4): 

14 ‘‘(4) FUNDING.—For payment of expenses in15 curred to administer the Commercialization Readi16 ness Program under this subsection, the Secretary 

17 of Defense and each Secretary of a military depart18 ment is authorized to use not more than an amount 

19 equal to 1 percent of the funds available to the De20 partment of Defense or the military department pur21 suant to the Small Business Innovation Research 

22 Program. Such funds shall not be used to make 

23 Phase III awards.’’. 

24 (b) TECHNICAL AMENDMENT.—Section 

25 5141(b)(3)(B) of the National Defense Authorization Act 


smartinez on DSK6TPTVN1PROD with BILLS
828 

HR 4310 RFS

1 for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 

2 1854) is amended— 

3 (1) by striking ‘‘subsection (y)—’’ and all that 

4 follows through ‘‘the following:’’ and inserting ‘‘sub5 section (y), by amending paragraph (4) to read as 

6 follows:’’ 

7 (c) EFFECTIVE DATE.—The amendments made by 

8 this section shall take effect as of January 1, 2012. 

9 Subtitle C—Matters Relating to 

10 Small Business Concerns 

11 PART I—PROCUREMENT CENTER 

12 REPRESENTATIVES 

13 SEC. 1621. PROCUREMENT CENTER REPRESENTATIVES. 

14 (a) IN GENERAL.—Section 15(l) of the Small Busi15 ness Act (15 U.S.C. 644(l)) is amended by striking the 

16 subsection enumerator and inserting the following: 

17 ‘‘(l) PROCUREMENT CENTER REPRESENTATIVES.— 

18 ’’. 

19 (b) ASSIGNMENT AND ROLE.—Paragraph (1) of sec20 tion 15(l) of such Act (15 U.S.C. 644(l)) is amended to 

21 read as follows: 

22 ‘‘(1) ASSIGNMENT AND ROLE.—The Adminis23 trator shall assign to each major procurement center 

24 a procurement center representative with such as25 sistance as may be appropriate.’’. 


smartinez on DSK6TPTVN1PROD with BILLS
829 

HR 4310 RFS

1 (c) ACTIVITIES.—Section 15(l)(2) of such Act (15 

2 U.S.C. 644(l)(2)) is amended— 

3 (1) in the matter preceding subparagraph (A) 

4 by striking ‘‘(2) In addition to carrying out the re5 sponsibilities assigned by the Administration, a 

6 breakout’’ and inserting the following: 

7 ‘‘(2) ACTIVITIES.—A’’; 

8 (2) by striking subparagraph (A) and inserting 

9 the following: 

10 ‘‘(A) attend any provisioning conference or 

11 similar evaluation session during which a deter12 mination may be made with respect to the pro13 curement method to be used to satisfy a re14 quirement, review any acquisition plan with re15 spect to a requirement, and make recommenda16 tions regarding procurement method determina17 tions and acquisition plans;’’; 

18 (3) in subparagraph (B)— 

19 (A) by striking ‘‘(B) review, at any time, 

20 restrictions on competition’’ and inserting the 

21 following: 

22 ‘‘(B) review, at any time, barriers to small 

23 business participation in Federal contracting’’; 

24 (B) by striking ‘‘items’’ and inserting 

25 ‘‘goods and services’’; and 


smartinez on DSK6TPTVN1PROD with BILLS
830 

HR 4310 RFS

1 (C) by striking ‘‘limitations’’ and inserting 

2 ‘‘barriers’’; 

3 (4) in subparagraph (C) by striking ‘‘(C) review 

4 restrictions on competition’’ and inserting the fol5 lowing: 

6 ‘‘(C) review barriers to small business par7 ticipation in Federal contracting’’; 

8 (5) by striking subparagraph (D) and inserting 

9 the following: 

10 ‘‘(D) review any bundled or consolidated 

11 solicitation or contract in accordance with this 

12 Act;’’; 

13 (6) by striking subparagraph (E) and inserting 

14 the following: 

15 ‘‘(E) have electronic access to procurement 

16 records, acquisition plans developed or in devel17 opment, and other data of the procurement cen18 ter commensurate with the level of such rep19 resentative’s approve security clearance classi20 fication;’’; and 

21 (7) by striking subparagraphs (F) and (G) and 

22 inserting the following: 

23 ‘‘(F) receive, from personnel responsible 

24 for reviewing unsolicited proposals, copies of 

25 unsolicited proposals from small business conVerDate Mar 15 2010 01:00 Jun 20, 2012 Jkt 019200 PO 00000 Frm 00830 Fmt 6652 Sfmt 6201 E:\BILLS\H4310.RFS H4310

smartinez on DSK6TPTVN1PROD with BILLS
831 

HR 4310 RFS

1 cerns and any information on outcomes relating 

2 to such proposals; 

3 ‘‘(G) participate in any session or planning 

4 process and review any documents with respect 

5 to a decision to convert an activity performed 

6 by a small business concern to an activity per7 formed by a Federal employee; 

8 ‘‘(H) be an advocate for the maximum 

9 practicable utilization of small business con10 cerns in Federal contracting, including by advo11 cating against the bundling of contract require12 ments when not justified; and 

13 ‘‘(I) carry out any other responsibility as14 signed by the Administrator.’’. 

15 (d) APPEALS.—Section 15(l)(3) of such Act (15 

16 U.S.C. 644(l)(3)) is amended by striking ‘‘(3) A breakout 

17 procurement center representative’’ and inserting the fol18 lowing: 

19 ‘‘(3) APPEALS.—A procurement center rep20 resentative’’. 

21 (e) NOTIFICATION AND INCLUSION.—Paragraph (4) 

22 of section 15(l) of such Act (15 U.S.C. 644(l)) is amended 

23 to read as follows: 

24 ‘‘(4) NOTIFICATION AND INCLUSION.—Agency 

25 heads shall ensure that procurement center repVerDate Mar 15 2010 01:00 Jun 20, 2012 Jkt 019200 PO 00000 Frm 00831 Fmt 6652 Sfmt 6201 E:\BILLS\H4310.RFS H4310

smartinez on DSK6TPTVN1PROD with BILLS
832 

HR 4310 RFS

1 resentatives are included in applicable acquisition 

2 planning processes.’’. 

3 (f) POSITION REQUIREMENTS.—Section 15(l)(5) of 

4 such Act (15 U.S.C. 644(l)(5)) is amended— 

5 (1) by striking the paragraph enumerator and 

6 inserting the following: 

7 ‘‘(5) POSITION REQUIREMENTS.—’’; 

8 (2) by striking subparagraphs (A) and (B) and 

9 inserting the following: 

10 ‘‘(A) IN GENERAL.—A procurement center 

11 representative assigned under this subsection 

12 shall— 

13 ‘‘(i) be a full-time employee of the Ad14 ministration; 

15 ‘‘(ii) be fully qualified, technically 

16 trained, and familiar with the goods and 

17 services procured by the major procure18 ment center to which that representative is 

19 assigned; and 

20 ‘‘(iii) have a Level III Federal Acqui21 sition Certification in Contracting (or any 

22 successor certification) or the equivalent 

23 Department of Defense certification, ex24 cept that any person serving in such a po25 sition on the date of enactment of this 


smartinez on DSK6TPTVN1PROD with BILLS
833 

HR 4310 RFS

1 clause may continue to serve in that posi2 tion for a period of 5 years without the re3 quired certification.’’; and 

4 (3) in subparagraph (C) by striking ‘‘(C) The 

5 Administration shall establish personnel positions for 

6 breakout procurement representatives and advisers 

7 assigned pursuant to’’ and inserting the following: 

8 ‘‘(B) COMPENSATION.—The Administrator 

9 shall establish personnel positions for procure10 ment center representatives assigned under’’. 

11 (g) MAJOR PROCUREMENT CENTER DEFINED.—Sec12 tion 15(l)(6) of such Act (15 U.S.C. 644(l)(6)) is amend13 ed— 

14 (1) by striking ‘‘(6) For purposes’’ and insert15 ing the following: 

16 ‘‘(6) MAJOR PROCUREMENT CENTER DE17 FINED.—For purposes’’; and 

18 (2) by striking ‘‘other than commercial items 

19 and which has the potential to incur significant sav20 ings as the result of the placement of a breakout 

21 procurement center representative’’ and inserting 

22 ‘‘goods or services, including goods or services that 

23 are commercially available’’. 

24 (h) TRAINING.—Section 15(l)(7) of such Act (15 

25 U.S.C. 644(l)(7)) is amended— 


smartinez on DSK6TPTVN1PROD with BILLS
834 

HR 4310 RFS

1 (1) by striking the paragraph enumerator and 

2 inserting the following: 

3 ‘‘(7) TRAINING.—’’; 

4 (2) by striking subparagraph (A) and inserting 

5 the following: 

6 ‘‘(A) AUTHORIZATION.—At such times as 

7 the Administrator deems appropriate, a pro8 curement center representative shall provide 

9 training for contracting officers, other appro10 priate personnel of the procurement center to 

11 which such representative is assigned, and small 

12 businesses groups seeking to do business with 

13 such procurement center. Such training shall 

14 acquaint the participants with the provisions of 

15 this subsection and shall instruct the partici16 pants in methods designed to further the pur17 poses of this subsection. 

18 ‘‘(B) LIMITATION.—A procurement center 

19 representative may provide training under sub20 paragraph (A) only to the extent that the train21 ing does not interfere with the representative 

22 carrying out other activities under this sub23 section.’’; and 

24 (3) in subparagraph (B)— 


smartinez on DSK6TPTVN1PROD with BILLS
835 

HR 4310 RFS

1 (A) by striking ‘‘(B) The breakout pro2 curement center representative’’ and inserting 

3 the following: 

4 ‘‘(8) ANNUAL BRIEFING AND REPORT.—A pro5 curement center representative’’; and 

6 (B) by striking ‘‘sixty’’ and inserting ‘‘60’’. 

7 SEC. 1622. SMALL BUSINESS ACT CONTRACTING REQUIRE8 MENTS TRAINING. 

9 (a) ESTABLISHMENT.—Not later than 1 year after 

10 the date of enactment of this part, the Defense Acquisition 

11 University and the Federal Acquisition Institute shall each 

12 provide a course on contracting requirements under the 

13 Small Business Act, including the requirements for small 

14 business concerns owned and controlled by service-disabled 

15 veterans, qualified HUBZone small business concerns, 

16 small business concerns owned and controlled by socially 

17 and economically disadvantaged individuals, and small 

18 business concerns owned and controlled by women. 

19 (b) COURSE REQUIRED.—To have a Federal Acquisi20 tion Certification in Contracting (or any successor certifi21 cation) or the equivalent Department of Defense certifi22 cation an individual shall be required to complete the 

23 course established under subsection (a). 

24 (c) REQUIREMENT THAT BUSINESS OPPORTUNITY

25 SPECIALISTS BE CERTIFIED.—Section 7(j)(10)(D)(i) of 


smartinez on DSK6TPTVN1PROD with BILLS
836 

HR 4310 RFS

1 the Small Business Act (15 U.S.C. 636(j)(10)(D)(i)) is 

2 amended by inserting after ‘‘to assist such Program Par3 ticipant.’’ the following: ‘‘The Business Opportunity Spe4 cialist shall have a Level I Federal Acquisition Certifi5 cation in Contracting (or any successor certification) or 

6 the equivalent Department of Defense certification, except 

7 that a Business Opportunity Specialist serving at the time 

8 of the date of enactment of the Small Business Oppor9 tunity Act of 2012 may continue to serve as a Business 

10 Opportunity Specialist for a period of 5 years beginning 

11 on that date of enactment without such a certification.’’. 

12 (d) GAO REPORT.—Not later than 365 days after 

13 the date of enactment of this part, the Comptroller Gen14 eral of the United States shall conduct a study and submit 

15 a report to the Committee on Small Business of the House 

16 of Representatives and the Committee on Small Business 

17 and Entrepreneurship of the Senate on the relationship 

18 between the size and quality of the acquisition workforce 

19 and the Federal government’s ability to maximize the utili20 zation of small businesses in Federal procurement. The 

21 report shall specifically address the following: 

22 (1) The extent to which training on small busi23 ness contracting laws affects a contracting officer’s 

24 determination to use one of the contracting authori25 ties provided in the Small Business Act. 


smartinez on DSK6TPTVN1PROD with BILLS
837 

HR 4310 RFS

1 (2) The relationship between a robust Federal 

2 acquisition workforce and small business success in 

3 obtaining Federal contracting opportunities. 

4 (3) The effect on economic growth if small busi5 nesses experienced a significant reduction in small 

6 business procurement activities. 

7 (4) The effect of the anticipated acceleration of 

8 retirements by the acquisition workforce on small 

9 business procurement opportunities. 

10 SEC. 1623. ACQUISITION PLANNING. 

11 Section 15(e)(1) of the Small Business Act (15 

12 U.S.C. 644(e)(1)) is amended— 

13 (1) by striking ‘‘the various agencies’’ and in14 serting ‘‘a Federal department or agency’’; and 

15 (2) by striking the period and inserting ‘‘and 

16 each such Federal department or agency shall— 

17 ‘‘(A) enumerate opportunities for the par18 ticipation of small business concerns during all 

19 acquisition planning processes and in all acqui20 sition plans; 

21 ‘‘(B) invite the participation of the appro22 priate Director of Small and Disadvantaged 

23 Business Utilization in all acquisition planning 

24 processes and provide that Director access to all 

25 acquisition plans in development; and 


smartinez on DSK6TPTVN1PROD with BILLS
838 

HR 4310 RFS

1 ‘‘(C) invite the participation of the appro2 priate procurement center representative in all 

3 acquisition planning processes and provide that 

4 representative access to all acquisition plans in 

5 development.’’. 

6 PART II—GOALS FOR PROCUREMENT CON7 TRACTS AWARDED TO SMALL BUSINESS 

8 CONCERNS 

9 SEC. 1631. GOALS FOR PROCUREMENT CONTRACTS AWARD10 ED TO SMALL BUSINESS CONCERNS. 

11 (a) IN GENERAL.—Section 15(g) of the Small Busi12 ness Act (15 U.S.C. 644(g)) is amended by striking the 

13 subsection enumerator and inserting the following: 

14 ‘‘(g) GOALS FOR PROCUREMENT CONTRACTS

15 AWARDED TO SMALL BUSINESS CONCERNS.—’’. 

16 (b) GOVERNMENTWIDE GOALS.—Paragraph (1) of 

17 section 15(g) of such Act (15 U.S.C. 644(g)) is amended 

18 to read as follows: 

19 ‘‘(1) GOVERNMENTWIDE GOALS.—The Presi20 dent shall annually establish Governmentwide goals 

21 for procurement contracts awarded to small business 

22 concerns, small business concerns owned and con23 trolled by service-disabled veterans, qualified 

24 HUBZone small business concerns, small business 

25 concerns owned and controlled by socially and ecoVerDate Mar 15 2010 01:00 Jun 20, 2012 Jkt 019200 PO 00000 Frm 00838 Fmt 6652 Sfmt 6201 E:\BILLS\H4310.RFS H4310

smartinez on DSK6TPTVN1PROD with BILLS
839 

HR 4310 RFS

1 nomically disadvantaged individuals, and small busi2 ness concerns owned and controlled by women in ac3 cordance with the following: 

4 ‘‘(A) The Governmentwide goal for partici5 pation by small business concerns shall be es6 tablished at not less than 25 percent of the 

7 total value of all prime contract awards for each 

8 fiscal year and 40 percent of the total value of 

9 all subcontract awards for each fiscal year. 

10 ‘‘(B) The Governmentwide goal for partici11 pation by small business concerns owned and 

12 controlled by service-disabled veterans shall be 

13 established at not less than 3 percent of the 

14 total value of all prime contract and at not less 

15 than 3 percent of the total value of all sub16 contract awards for each fiscal year. 

17 ‘‘(C) The Governmentwide goal for partici18 pation by qualified HUBZone small business 

19 concerns shall be established at not less than 3 

20 percent of the total value of all prime contract 

21 and at not less than 3 percent of the total value 

22 of all subcontract awards for each fiscal year. 

23 ‘‘(D) The Governmentwide goal for partici24 pation by small business concerns owned and 

25 controlled by socially and economically disVerDate Mar 15 2010 01:00 Jun 20, 2012 Jkt 019200 PO 00000 Frm 00839 Fmt 6652 Sfmt 6201 E:\BILLS\H4310.RFS H4310

smartinez on DSK6TPTVN1PROD with BILLS
840 

HR 4310 RFS

1 advantaged individuals shall be established at 

2 not less than 5 percent of the total value of all 

3 prime contract and at not less than 5 percent 

4 of the total value of all subcontract awards for 

5 each fiscal year. 

6 ‘‘(E) The Governmentwide goal for partici7 pation by small business concerns owned and 

8 controlled by women shall be established at not 

9 less than 5 percent of the total value of all 

10 prime contract and at not less than 5 percent 

11 of the total value of all subcontract awards for 

12 each fiscal year.’’. 

13 (c) AGENCY GOALS.—Paragraph (2) of section 15(g) 

14 of such Act (15 U.S.C. 644(g)) is amended to read as fol15 lows: 

16 ‘‘(2) AGENCY GOALS.— 

17 ‘‘(A) ESTABLISHMENT.—The head of each 

18 Federal agency shall annually establish, for the 

19 agency that individual heads, goals for procure20 ment contracts awarded to small business con21 cerns, small business concerns owned and con22 trolled by service-disabled veterans, qualified 

23 HUBZone small business concerns, small busi24 ness concerns owned and controlled by socially 

25 and economically disadvantaged individuals, and 


smartinez on DSK6TPTVN1PROD with BILLS
841 

HR 4310 RFS

1 small business concerns owned and controlled 

2 by women. 

3 ‘‘(B) RELATIONSHIP TO GOVERNMENT4 WIDE GOALS.— 

5 ‘‘(i) SCOPE.—The goals established by 

6 the head of a Federal agency under sub7 paragraph (A) shall be in the same format 

8 as the goals established by the President 

9 under paragraph (1) and shall address 

10 both prime contract and subcontract 

11 awards. 

12 ‘‘(ii) REQUIREMENT PERTAINING TO

13 AGENCY GOALS.—With respect to each 

14 goal for a fiscal year established under 

15 subparagraph (A) for a category of small 

16 business concern, the participation percent17 age applicable to such goal may not be less 

18 than the participation percentage applica19 ble to the Governmentwide goal for such 

20 fiscal year established under paragraph (1) 

21 for such category. 

22 ‘‘(C) CONSULTATION REQUIRED.— 

23 ‘‘(i) IN GENERAL.—.In establishing 

24 goals under subparagraph (A), the head of 


smartinez on DSK6TPTVN1PROD with BILLS
842 

HR 4310 RFS

1 each Federal agency shall consult with the 

2 Administrator. 

3 ‘‘(ii) DISAGREEMENTS.—Except as 

4 provided by clause (iii), if the Adminis5 trator and the head of a Federal agency 

6 fail to agree on a goal established under 

7 subparagraph (A), the disagreement shall 

8 be submitted to the Administrator for Fed9 eral Procurement Policy for final deter10 mination. 

11 ‘‘(iii) AGENCY GOALS OF THE DE12 PARTMENT OF DEFENSE.—In the case of a 

13 goal proposed by the Secretary of Defense 

14 that is lower than a goal established dur15 ing the preceding fiscal year for the De16 partment of the Defense and for which the 

17 Administrator does not agree, the disagree18 ment shall be submitted to the Adminis19 trator for Federal Procurement Policy for 

20 final determination. 

21 ‘‘(D) PLAN FOR ACHIEVING GOALS.—After 

22 establishing goals under subparagraph (A) for a 

23 fiscal year, the head of each Federal agency 

24 shall develop a plan for achieving such goals, 


smartinez on DSK6TPTVN1PROD with BILLS
843 

HR 4310 RFS

1 which shall apportion responsibilities among the 

2 agency’s acquisition executives and officials. 

3 ‘‘(E) EXPANDED PARTICIPATION.—In es4 tablishing goals under subparagraph (A), the 

5 head of each Federal agency shall make a con6 sistent effort to annually expand participation 

7 by small business concerns from each industry 

8 category in procurement contracts of such agen9 cy, including participation by small business 

10 concerns owned and controlled by service-dis11 abled veterans, qualified HUBZone small busi12 ness concerns, small business concerns owned 

13 and controlled by socially and economically dis14 advantaged individuals, and small business con15 cerns owned and controlled by women. 

16 ‘‘(F) CONSIDERATION.—The head of each 

17 Federal agency, in attempting to attain ex18 panded participation under subparagraph (E), 

19 shall consider— 

20 ‘‘(i) contracts awarded as the result of 

21 unrestricted competition; and 

22 ‘‘(ii) contracts awarded after competi23 tion restricted to eligible small business 

24 concerns under this section and under the 

25 program established under section 8(a). 


smartinez on DSK6TPTVN1PROD with BILLS
844 

HR 4310 RFS

1 ‘‘(G) COMMUNICATION REGARDING

2 GOALS.— 

3 ‘‘(i) IMPORTANCE OF ACHIEVING

4 GOALS.—Each procurement employee or 

5 program manager described in clause (ii) 

6 shall communicate to the subordinates of 

7 the procurement employee or program 

8 manager the importance of achieving goals 

9 established under subparagraph (A). 

10 ‘‘(ii) PROCUREMENT EMPLOYEES OR

11 PROGRAM MANAGERS DESCRIBED.—A pro12 curement employee or program manager 

13 described in this clause is a senior procure14 ment executive, senior program manager, 

15 or Director of Small and Disadvantaged 

16 Business Utilization of a Federal agency 

17 having contracting authority.’’. 

18 (d) ENFORCEMENT; DETERMINATIONS OF THE

19 TOTAL VALUE OF CONTRACT AWARDS.—Section 15(g) of 

20 the Small Business Act (15 U.S.C. 644(g)), as amended 

21 by this part, is further amended by adding at the end the 

22 following: 

23 ‘‘(3) ENFORCEMENT.—If the Administrator 

24 does not issue the report required in subsection 

25 (h)(2) on or before the date that is 120 days after 


smartinez on DSK6TPTVN1PROD with BILLS
845 

HR 4310 RFS

1 the end of the prior fiscal year, the Administrator 

2 may not carry out or establish any pilot program 

3 until the date on which the Administrator issues the 

4 report. 

5 ‘‘(4) DETERMINATIONS OF THE TOTAL VALUE

6 OF CONTRACT AWARDS.—For purposes of the goals 

7 established under paragraphs (1) and (2), the total 

8 value of contract awards for a fiscal year may not 

9 be determined in a manner that excludes the value 

10 of a contract based on— 

11 ‘‘(A) where the contract is awarded; 

12 ‘‘(B) where the contract is performed; 

13 ‘‘(C) whether the contract is mandated by 

14 Federal law to be performed by an entity other 

15 than a small business concern; 

16 ‘‘(D) whether funding for the contract is 

17 made available in an appropriations Act, if the 

18 contract is subject to competitive procedures 

19 under chapter 33 of title 41, United States 

20 Code; or 

21 ‘‘(E) whether the contract is subject to the 

22 Federal Acquisition Regulation.’’. 


smartinez on DSK6TPTVN1PROD with BILLS
846 

HR 4310 RFS

1 SEC. 1632. REPORTING ON GOALS FOR PROCUREMENT 

2 CONTRACTS AWARDED TO SMALL BUSINESS 

3 CONCERNS. 

4 Subsection (h) of section 15 of the Small Business 

5 Act (15 U.S.C. 644) is amended to read as follows: 

6 ‘‘(h) REPORTING ON GOALS FOR PROCUREMENT

7 CONTRACTS AWARDED TO SMALL BUSINESS CON8 CERNS.— 

9 ‘‘(1) AGENCY REPORTS.—At the conclusion of 

10 each fiscal year, the head of each Federal agency 

11 shall submit to the Administrator a report describ12 ing— 

13 ‘‘(A) the extent of the participation by 

14 small business concerns, small business con15 cerns owned and controlled by veterans (includ16 ing service-disabled veterans), qualified 

17 HUBZone small business concerns, small busi18 ness concerns owned and controlled by socially 

19 and economically disadvantaged individuals, and 

20 small business concerns owned and controlled 

21 by women in the procurement contracts of such 

22 agency during such fiscal year; 

23 ‘‘(B) whether the agency achieved the 

24 goals established for the agency under sub25 section (g)(2)(A) with respect to such fiscal 

26 year; and 


smartinez on DSK6TPTVN1PROD with BILLS
847 

HR 4310 RFS

1 ‘‘(C) any justifications for a failure to 

2 achieve such goals. 

3 ‘‘(2) REPORTS BY ADMINISTRATOR.—Not later 

4 than 60 days after receiving a report from each Fed5 eral agency under paragraph (1) with respect to a 

6 fiscal year, the Administrator shall submit to the 

7 President and Congress, and to make available on a 

8 public website, a report that includes— 

9 ‘‘(A) a copy of each report submitted to 

10 the Administrator under paragraph (1); 

11 ‘‘(B) a determination of whether each goal 

12 established by the President under subsection 

13 (g)(1) for such fiscal year was achieved; 

14 ‘‘(C) a determination of whether each goal 

15 established by the head of a Federal agency 

16 under subsection (g)(2)(A) for such fiscal year 

17 was achieved; 

18 ‘‘(D) the reasons for any failure to achieve 

19 a goal established under paragraph (1) or 

20 (2)(A) of subsection (g) for such fiscal year and 

21 a description of actions planned by the applica22 ble agency to address such failure, including the 

23 Administrator’s comments and recommenda24 tions on the proposed remediation plan; 


smartinez on DSK6TPTVN1PROD with BILLS
848 

HR 4310 RFS

1 ‘‘(E) for the Federal Government and each 

2 Federal agency, an analysis of the number and 

3 dollar amount of prime contracts awarded dur4 ing such fiscal year to— 

5 ‘‘(i) small business concerns— 

6 ‘‘(I) in the aggregate; 

7 ‘‘(II) through sole source con8 tracts; 

9 ‘‘(III) through competitions re10 stricted to small business concerns; 

11 and 

12 ‘‘(IV) through unrestricted com13 petition; 

14 ‘‘(ii) small business concerns owned 

15 and controlled by service-disabled vet16 erans— 

17 ‘‘(I) in the aggregate; 

18 ‘‘(II) through sole source con19 tracts; 

20 ‘‘(III) through competitions re21 stricted to small business concerns; 

22 ‘‘(IV) through competitions re23 stricted to small business concerns 

24 owned and controlled by service-dis25 abled veterans; and 


smartinez on DSK6TPTVN1PROD with BILLS
849 

HR 4310 RFS

1 ‘‘(V) through unrestricted com2 petition; 

3 ‘‘(iii) qualified HUBZone small busi4 ness concerns— 

5 ‘‘(I) in the aggregate; 

6 ‘‘(II) through sole source con7 tracts; 

8 ‘‘(III) through competitions re9 stricted to small business concerns; 

10 ‘‘(IV) through competitions re11 stricted to qualified HUBZone small 

12 business concerns; 

13 ‘‘(V) through unrestricted com14 petition where a price evaluation pref15 erence was used; and 

16 ‘‘(VI) through unrestricted com17 petition where a price evaluation pref18 erence was not used; 

19 ‘‘(iv) small business concerns owned 

20 and controlled by socially and economically 

21 disadvantaged individuals— 

22 ‘‘(I) in the aggregate; 

23 ‘‘(II) through sole source con24 tracts; 


smartinez on DSK6TPTVN1PROD with BILLS
850 

HR 4310 RFS

1 ‘‘(III) through competitions re2 stricted to small business concerns; 

3 ‘‘(IV) through competitions re4 stricted to small business concerns 

5 owned and controlled by socially and 

6 economically disadvantaged individ7 uals; 

8 ‘‘(V) through unrestricted com9 petition; and 

10 ‘‘(VI) by reason of that concern’s 

11 certification as a small business 

12 owned and controlled by socially and 

13 economically disadvantaged individ14 uals; 

15 ‘‘(v) small business concerns owned by 

16 an Indian tribe other than an Alaska Na17 tive Corporation— 

18 ‘‘(I) in the aggregate; 

19 ‘‘(II) through sole source con20 tracts; 

21 ‘‘(III) through competitions re22 stricted to small business concerns; 

23 ‘‘(IV) through competitions re24 stricted to small business concerns 

25 owned and controlled by socially and 


smartinez on DSK6TPTVN1PROD with BILLS
851 

HR 4310 RFS

1 economically disadvantaged individ2 uals; and 

3 ‘‘(V) through unrestricted com4 petition; and 

5 ‘‘(vi) small business concerns owned 

6 by Native Hawaiian Organization— 

7 ‘‘(I) in the aggregate; 

8 ‘‘(II) through sole source con9 tracts; 

10 ‘‘(III) through competitions re11 stricted to small business concerns; 

12 ‘‘(IV) through competitions re13 stricted to small business concerns 

14 owned and controlled by socially and 

15 economically disadvantaged individ16 uals; and 

17 ‘‘(V) through unrestricted com18 petition; and 

19 ‘‘(vii) small business concerns owned 

20 by an Alaska Native Corporation— 

21 ‘‘(I) in the aggregate; 

22 ‘‘(II) through sole source con23 tracts; 

24 ‘‘(III) through competitions re25 stricted to small business concerns; 


smartinez on DSK6TPTVN1PROD with BILLS
852 

HR 4310 RFS

1 ‘‘(IV) through competitions re2 stricted to small business concerns 

3 owned and controlled by socially and 

4 economically disadvantaged individ5 uals; and 

6 ‘‘(V) through unrestricted com7 petition; and 

8 ‘‘(viii) small business concerns owned 

9 and controlled by women— 

10 ‘‘(I) in the aggregate; 

11 ‘‘(II) through competitions re12 stricted to small business concerns; 

13 ‘‘(III) through competitions re14 stricted using the authority under sec15 tion 8(m)(2); 

16 ‘‘(IV) through competitions re17 stricted using the authority under sec18 tion 8(m)(2) and in which the waiver 

19 authority under section 8(m)(3) was 

20 used; and 

21 ‘‘(V) through unrestricted com22 petition; and 

23 ‘‘(F) for the Federal Government and each 

24 Federal agency, the number, dollar amount, 

25 and distribution with respect to the North 


smartinez on DSK6TPTVN1PROD with BILLS
853 

HR 4310 RFS

1 American Industry Classification System of 

2 subcontracts awarded during such fiscal year to 

3 small business concerns, small business con4 cerns owned and controlled by service-disabled 

5 veterans, qualified HUBZone small business 

6 concerns, small business concerns owned and 

7 controlled by socially and economically dis8 advantaged individuals, and small business con9 cerns owned and controlled by women.’’. 

10 SEC. 1633. SENIOR EXECUTIVES. 

11 (a) TRAINING.—Programs established for the devel12 opment of senior executives under section 3396(a) of title 

13 5, United States Code, shall include training with respect 

14 to Federal procurement requirements, including con15 tracting requirements under the Small Business Act (15 

16 U.S.C. 631 et seq.). 

17 (b) EVALUATION OF EXECUTIVES.—The head of an 

18 agency shall ensure that evaluations of members of the 

19 senior executive service, as defined under section 3396(a) 

20 of title 5, United States Code, responsible for acquisition, 

21 other senior officials responsible for acquisition, and other 

22 members of the senior executive service, as appropriate, 

23 include consideration of the agency’s success in achieving 

24 small business contracting goals and percentages. Such 


smartinez on DSK6TPTVN1PROD with BILLS
854 

HR 4310 RFS

1 evaluations shall, as a minimum, consider the extent to 

2 which the executive— 

3 (1) promotes a climate or environment that is 

4 responsive to small business concerns; 

5 (2) communicates the importance of achieving 

6 the agency’s small business contracting goals; and 

7 (3) encourages small business awareness, out8 reach, and support. 

9 (c) DEFINITIONS.—In this section the term ‘‘respon10 sible for acquisition’’, with respect to a member of the sen11 ior executive service or other senior official, means such 

12 a member or official who acquires services or supplies, di13 rects agency organizations to acquire services or supplies, 

14 oversees acquisition officials, including program managers, 

15 contracting officers, and other acquisition workforce per16 sonnel responsible for formulating and approving acquisi17 tion strategies and plans. 

18 PART III—MENTOR-PROTEGE PROGRAM 

19 SEC. 1641. MENTOR-PROTEGE PROGRAMS. 

20 The Small Business Act (15 U.S.C. 631 et seq.) is 

21 amended— 

22 (1) by redesignating section 45 as section 46; 

23 and 

24 (2) by inserting after section 44 the following: 


smartinez on DSK6TPTVN1PROD with BILLS
855 

HR 4310 RFS

1 ‘‘SEC. 45. MENTOR-PROTEGE PROGRAMS. 

2 ‘‘(a) ADMINISTRATION PROGRAM.— 

3 ‘‘(1) AUTHORITY.—The Administrator is au4 thorized to establish a mentor-protege program for 

5 all small business concerns. 

6 ‘‘(2) MODEL FOR PROGRAM.—The mentor-pro7 tege program established under paragraph (1) shall 

8 be identical to the mentor-protege program of the 

9 Administration for small business concerns that par10 ticipate in the program under section 8(a) of this 

11 Act (as in effect on the date of enactment of the Na12 tional Defense Authorization Act for Fiscal Year 

13 2013), except that the Administrator may modify 

14 the program to the extent necessary given the types 

15 of small business concerns included as proteges. 

16 ‘‘(b) PROGRAMS OF OTHER AGENCIES.— 

17 ‘‘(1) APPROVAL REQUIRED.—Except as pro18 vided in paragraph (4), a Federal department or 

19 agency may not carry out a mentor-protege program 

20 for small business concerns unless— 

21 ‘‘(A) the head of the department or agency 

22 submits a plan to the Administrator for the 

23 program; and 

24 ‘‘(B) the Administrator approves such 

25 plan. 


smartinez on DSK6TPTVN1PROD with BILLS
856 

HR 4310 RFS

1 ‘‘(2) BASIS FOR APPROVAL.—The Adminis2 trator shall approve or disapprove a plan submitted 

3 under paragraph (1) based on whether the program 

4 proposed— 

5 ‘‘(A) will assist proteges to compete for 

6 Federal prime contracts and subcontracts; and 

7 ‘‘(B) complies with the regulations issued 

8 under paragraph (3). 

9 ‘‘(3) REGULATIONS.—Not later than 270 days 

10 after the date of enactment of the National Defense 

11 Authorization Act for Fiscal Year 2013, the Admin12 istrator shall issue, subject to notice and comment, 

13 regulations with respect to mentor-protege pro14 grams, which shall ensure that such programs im15 prove the ability of proteges to compete for Federal 

16 prime contracts and subcontracts and which shall 

17 address, at a minimum, the following: 

18 ‘‘(A) Eligibility criteria for program par19 ticipants, including any restrictions on the num20 ber of mentor-protege relationships permitted 

21 for each participant. 

22 ‘‘(B) The types of developmental assistance 

23 to be provided by mentors, including how the 

24 assistance provided shall improve the competi25 tive viability of the proteges. 


smartinez on DSK6TPTVN1PROD with BILLS
857 

HR 4310 RFS

1 ‘‘(C) Whether any developmental assist2 ance provided by a mentor may affect the sta3 tus of a program participant as a small busi4 ness concern due to affiliation. 

5 ‘‘(D) The length of mentor-protege rela6 tionships. 

7 ‘‘(E) The effect of mentor-protege relation8 ships on contracting. 

9 ‘‘(F) Benefits that may accrue to a mentor 

10 as a result of program participation. 

11 ‘‘(G) Reporting requirements during pro12 gram participation. 

13 ‘‘(H) Postparticipation reporting require14 ments. 

15 ‘‘(I) The need for a mentor-protege pair, if 

16 accepted to participate as a pair in a mentor17 protege program of any Federal department or 

18 agency, to be accepted to participate as a pair 

19 in all Federal mentor-protege programs. 

20 ‘‘(J) Actions to be taken to ensure benefits 

21 for proteges and to protect proteges against ac22 tions by the mentor that— 

23 ‘‘(i) may adversely affect the proteges 

24 status as a small business; or 


smartinez on DSK6TPTVN1PROD with BILLS
858 

HR 4310 RFS

1 ‘‘(ii) provide disproportionate eco2 nomic benefits to the mentor relative to 

3 those provided the protege. 

4 ‘‘(4) LIMITATION ON APPLICABILITY.—Para5 graph (1) does not apply to the following: 

6 ‘‘(A) Any mentor-protege program of the 

7 Department of Defense. 

8 ‘‘(B) Any mentoring assistance provided 

9 under a Small Business Innovation Research 

10 Program or a Small Business Technology 

11 Transfer Program. 

12 ‘‘(C) Until the date that is 1 year after the 

13 date on which the Administrator issues regula14 tions under paragraph (3), any Federal depart15 ment or agency operating a mentor-protege pro16 gram in effect on the date of enactment of the 

17 National Defense Authorization Act for Fiscal 

18 Year 2013. 

19 ‘‘(c) REPORTING.— 

20 ‘‘(1) IN GENERAL.—Not later than 2 years 

21 after the date of enactment of the National Defense 

22 Authorization Act for Fiscal Year 2013, and annu23 ally thereafter, the Administrator shall submit to the 

24 Committee on Small Business of the House of RepVerDate Mar 15 2010 01:00 Jun 20, 2012 Jkt 019200 PO 00000 Frm 00858 Fmt 6652 Sfmt 6201 E:\BILLS\H4310.RFS H4310

smartinez on DSK6TPTVN1PROD with BILLS
859 

HR 4310 RFS

1 resentatives and the Committee on Small Business 

2 and Entrepreneurship of the Senate a report that— 

3 ‘‘(A) identifies each Federal mentor-pro4 tege program; 

5 ‘‘(B) specifies the number of participants 

6 in each such program, including the number of 

7 participants that are— 

8 ‘‘(i) small business concerns; 

9 ‘‘(ii) small business concerns owned 

10 and controlled by service-disabled veterans; 

11 ‘‘(iii) qualified HUBZone small busi12 ness concerns; 

13 ‘‘(iv) small business concerns owned 

14 and controlled by socially and economically 

15 disadvantaged individuals; or 

16 ‘‘(v) small business concerns owned 

17 and controlled by women; 

18 ‘‘(C) describes the type of assistance pro19 vided to proteges under each such program; 

20 ‘‘(D) describes the benefits provided to 

21 mentors under each such program; and 

22 ‘‘(E) describes the progress of proteges 

23 under each such program with respect to com24 peting for Federal prime contracts and sub25 contracts. 


smartinez on DSK6TPTVN1PROD with BILLS
860 

HR 4310 RFS

1 ‘‘(2) PROVISION OF INFORMATION.—The head 

2 of each Federal department or agency carrying out 

3 a mentor-protege program shall provide to the Ad4 ministrator, on an annual basis, the information nec5 essary for the Administrator to submit a report re6 quired under paragraph (1). 

7 ‘‘(d) DEFINITIONS.—In this section, the following 

8 definitions apply: 

9 ‘‘(1) MENTOR.—The term ‘mentor’ means a 

10 for-profit business concern, of any size, that— 

11 ‘‘(A) has the ability to assist and commits 

12 to assisting a protege to compete for Federal 

13 prime contracts and subcontracts; and 

14 ‘‘(B) satisfies any other requirements im15 posed by the Administrator. 

16 ‘‘(2) MENTOR-PROTEGE PROGRAM.—The term 

17 ‘mentor-protege program’ means a program that 

18 pairs a mentor with a protege for the purpose of as19 sisting the protege to compete for Federal prime 

20 contracts and subcontracts. 

21 ‘‘(3) PROTEGE.—The term ‘protege’ means a 

22 small business concern that— 

23 ‘‘(A) is eligible to enter into Federal prime 

24 contracts and subcontracts; and 


smartinez on DSK6TPTVN1PROD with BILLS
861 

HR 4310 RFS

1 ‘‘(B) satisfies any other requirements im2 posed by the Administrator. 

3 ‘‘(e) CURRENT MENTOR PROTEGE AGREEMENTS.— 

4 Mentors and proteges with approved agreement in a pro5 gram operating pursuant to subsection (b)(4)(C) shall be 

6 permitted to continue their relationship according to the 

7 terms specified in their agreement until the expiration 

8 date specified in the agreement. 

9 ‘‘(f) SUBMISSION OF AGENCY PLANS.—Agencies op10 erating mentor protege programs pursuant to subsection 

11 (b)(4)(C) must submit the plans specified in subsection 

12 (b)(1)(A) to the Administrator within 6 months of the pro13 mulgation of rules required by subsection (b)(3). The Ad14 ministrator shall provide initial comments on each plan 

15 within 60 days of receipt, and final approval or denial of 

16 each plan with 180 days of receipt.’’. 

17 SEC. 1642. GOVERNMENT ACCOUNTABILITY OFFICE RE18 PORT. 

19 Not later than the date that is 2 years after the agen20 cies operating subject to section 45(b)(4)(C) of the Small 

21 Business Act have their plans approved or denied by the 

22 Administrator, the Comptroller General of the United 

23 States shall conduct a study to— 


smartinez on DSK6TPTVN1PROD with BILLS
862 

HR 4310 RFS

1 (1) update the study required by section 1345 

2 of the Small Business Jobs Act of 2010 (Pub. Law 

3 111–240); 

4 (2) examine whether potential affiliation issues 

5 between mentors and proteges under the prior pro6 grams have been resolved by enactment of this Act; 

7 and 

8 (3) examine whether the regulations issued pur9 suant to section 45(b)(3)(I) of the Small Business 

10 Act have increased opportunities for mentor-protege 

11 pairs, and if they have decreased the paperwork re12 quired for such pairs participating in programs at 

13 multiple agencies. 

14 PART IV—TRANSPARENCY IN SUBCONTRACTING 

15 Subpart A—Limitations on Subcontracting 

16 SEC. 1651. LIMITATIONS ON SUBCONTRACTING. 

17 The Small Business Act (15 U.S.C. 631 et seq.) is 

18 amended— 

19 (1) by redesignating section 45 as section 47; 

20 and 

21 (2) by inserting after section 44 the following: 

22 ‘‘SEC. 45. LIMITATIONS ON SUBCONTRACTING. 

23 ‘‘(a) IN GENERAL.—If awarded a contract under sec24 tion 8(a), 8(m), 15(a), 31, or 36, a covered small business 

25 concern— 


smartinez on DSK6TPTVN1PROD with BILLS
863 

HR 4310 RFS

1 ‘‘(1) in the case of a contract for services, may 

2 not expend on subcontractors more than 50 percent 

3 of the amount paid to the concern under the con4 tract; 

5 ‘‘(2) in the case of a contract for supplies 

6 (other than from a regular dealer in such supplies), 

7 may not expend on subcontractors more than 50 

8 percent of the amount, less the cost of materials, 

9 paid to the concern under the contract; 

10 ‘‘(3) in the case of a contract described in more 

11 than 1 of paragraphs (1) through (2)— 

12 ‘‘(A) shall determine for which category of 

13 services or supplies, described in 1 of para14 graphs (1) through (4), the greatest percentage 

15 of the contract amount is awarded; 

16 ‘‘(B) shall determine the amount awarded 

17 under the contract for that category of services 

18 or supplies; and 

19 ‘‘(C) may not expend on subcontractors, 

20 with respect to the amount determined under 

21 subparagraph (B), more than— 

22 ‘‘(i) 50 percent of that amount, if the 

23 category of services or supplies applicable 

24 under subparagraph (A) is described in 

25 paragraph (1); and 


smartinez on DSK6TPTVN1PROD with BILLS
864 

HR 4310 RFS

1 ‘‘(ii) 50 percent of that amount, if the 

2 category of services or supplies applicable 

3 under subparagraph (A) is described in 

4 paragraph (2); and 

5 ‘‘(4) in the case of a contract for supplies from 

6 a regular dealer in such supplies, shall supply the 

7 product of a domestic small business manufacturer 

8 or processor, unless a waiver of such requirement is 

9 granted— 

10 ‘‘(A) by the Administrator, after reviewing 

11 a determination by the applicable contracting 

12 officer that no small business manufacturer or 

13 processor can reasonably be expected to offer a 

14 product meeting the specifications (including 

15 period for performance) required by the con16 tract; or 

17 ‘‘(B) by the Administrator for a product 

18 (or class of products), after determining that no 

19 small business manufacturer or processor is 

20 available to participate in the Federal procure21 ment market. 

22 ‘‘(b) SIMILARLY SITUATED ENTITIES.—Contract 

23 amounts expended by a covered small business concern on 

24 a subcontractor that is a similarly situated entity shall not 

25 be considered subcontracted for purposes of determining 


smartinez on DSK6TPTVN1PROD with BILLS
865 

HR 4310 RFS

1 whether the covered small business concern has violated 

2 a requirement established under subsection (a) or (d). 

3 ‘‘(c) MODIFICATIONS OF PERCENTAGES.— 

4 ‘‘(1) IN GENERAL.—The Administrator may 

5 change, by rule (after providing notice and an oppor6 tunity for public comment), a percentage specified in 

7 paragraphs (1) through (4) of subsection (a) if the 

8 Administrator determines that such change is nec9 essary to reflect conventional industry practices 

10 among business concerns that are below the numer11 ical size standard for businesses in that industry 

12 category. 

13 ‘‘(2) UNIFORMITY.—A change to a percentage 

14 under paragraph (1) shall apply to all covered small 

15 business concerns. 

16 ‘‘(d) OTHER CONTRACTS.— 

17 ‘‘(1) IN GENERAL.—With respect to a category 

18 of contracts to which a requirement under sub19 section (a) does not apply, the Administrator is au20 thorized to establish, by rule (after providing notice 

21 and an opportunity for public comment), a require22 ment that a covered small business concern may not 

23 expend on subcontractors more than a specified per24 centage of the amount paid to the concern under a 

25 contract in that category. 


smartinez on DSK6TPTVN1PROD with BILLS
866 

HR 4310 RFS

1 ‘‘(2) UNIFORMITY.—A requirement established 

2 under paragraph (1) shall apply to all covered small 

3 business concerns. 

4 ‘‘(3) CONSTRUCTION PROJECTS.—The Adminis5 trator shall establish, through public rulemaking, re6 quirements similar to those specified in paragraph 

7 (1) to be applicable to contracts for general and spe8 cialty construction and to contracts for any other in9 dustry category not otherwise subject to the require10 ments of such paragraph. The percentage applicable 

11 to any such requirement shall be determined in ac12 cordance with paragraph (2). 

13 ‘‘(e) DEFINITIONS.—In this section, the following 

14 definitions apply: 

15 ‘‘(1) COVERED SMALL BUSINESS CONCERN.— 

16 The term ‘covered small business concern’ means a 

17 business concern that— 

18 ‘‘(A) with respect to a contract awarded 

19 under section 8(a), is a small business concern 

20 eligible to receive contracts under that section; 

21 ‘‘(B) with respect to a contract awarded 

22 under section 8(m)— 

23 ‘‘(i) is a small business concern owned 

24 and controlled by women (as defined in 

25 that section); or 


smartinez on DSK6TPTVN1PROD with BILLS
867 

HR 4310 RFS

1 ‘‘(ii) is a small business concern 

2 owned and controlled by women (as de3 fined in that section) that is not less than 

4 51 percent owned by 1 or more women 

5 who are economically disadvantaged (and 

6 such ownership is determined without re7 gard to any community property law); 

8 ‘‘(C) with respect to a contract awarded 

9 under section 15(a), is a small business con10 cern; 

11 ‘‘(D) with respect to a contract awarded 

12 under section 31, is a qualified HUBZone small 

13 business concern; or 

14 ‘‘(E) with respect to a contract awarded 

15 under section 36, is a small business concern 

16 owned and controlled by service-disabled vet17 erans. 

18 ‘‘(2) SIMILARLY SITUATED ENTITY.—The term 

19 ‘similarly situated entity’ means a subcontractor 

20 that— 

21 ‘‘(A) if a subcontractor for a small busi22 ness concern, is a small business concern; 

23 ‘‘(B) if a subcontractor for a small busi24 ness concern eligible to receive contracts under 

25 section 8(a), is such a concern; 


smartinez on DSK6TPTVN1PROD with BILLS
868 

HR 4310 RFS

1 ‘‘(C) if a subcontractor for a small busi2 ness concern owned and controlled by women 

3 (as defined in section 8(m)), is such a concern; 

4 ‘‘(D) if a subcontractor for a small busi5 ness concern owned and controlled by women 

6 (as defined in section 8(m)) that is not less 

7 than 51 percent owned by 1 or more women 

8 who are economically disadvantaged (and such 

9 ownership is determined without regard to any 

10 community property law), is such a concern; 

11 ‘‘(E) if a subcontractor for a qualified 

12 HUBZone small business concern, is such a 

13 concern; or 

14 ‘‘(F) if a subcontractor for a small busi15 ness concern owned and controlled by service16 disabled veterans, is such a concern.’’. 

17 SEC. 1652. PENALTIES. 

18 Section 16 of the Small Business Act (15 U.S.C. 645) 

19 is amended by adding at the end the following: 

20 ‘‘(g) SUBCONTRACTING LIMITATIONS.— 

21 ‘‘(1) IN GENERAL.—Whoever violates a require22 ment established under section 45 shall be subject to 

23 the penalties prescribed in subsection (d), except 

24 that, for an entity that exceeded a limitation on sub25 contracting under such section, the fine described in 


smartinez on DSK6TPTVN1PROD with BILLS
869 

HR 4310 RFS

1 subsection (d)(2)(A) shall be treated as the greater 

2 of— 

3 ‘‘(A) $500,000; or 

4 ‘‘(B) the dollar amount expended, in excess 

5 of permitted levels, by the entity on subcontrac6 tors. 

7 ‘‘(2) MONITORING.—Not later than 1 year after 

8 the date of enactment of this subsection, the Admin9 istrator shall take such actions as are necessary to 

10 ensure that an existing Federal subcontracting re11 porting system is modified to notify the Adminis12 trator, the appropriate Director of the Office of 

13 Small and Disadvantaged Business Utilization, and 

14 the appropriate contracting officer if a requirement 

15 established under section 45 is violated.’’. 

16 SEC. 1653. CONFORMING AMENDMENTS. 

17 (a) HUBZONES.—Section 3(p)(5) of the Small Busi18 ness Act (15 U.S.C. 632(p)(5)) is amended— 

19 (1) in subparagraph (A)(i) by striking sub20 clause (III) and inserting the following: 

21 ‘‘(III) with respect to any sub22 contract entered into by the small 

23 business concern pursuant to a con24 tract awarded to the small business 

25 concern under section 31, the small 


smartinez on DSK6TPTVN1PROD with BILLS
870 

HR 4310 RFS

1 business concern will ensure that the 

2 requirements of section 45 are satis3 fied; and’’; 

4 (2) by striking subparagraphs (B) and (C); and 

5 (3) by redesignating subparagraph (D) as sub6 paragraph (B). 

7 (b) ENTITIES ELIGIBLE FOR CONTRACTS UNDER

8 SECTION 8(a).—Section 8(a) of such Act (15 U.S.C. 

9 637(a)) is amended by striking paragraph (14) and insert10 ing the following: 

11 ‘‘(14) LIMITATIONS ON SUBCONTRACTING.—A 

12 concern may not be awarded a contract under this 

13 subsection as a small business concern unless the 

14 concern agrees to satisfy the requirements of section 

15 45.’’. 

16 (c) SMALL BUSINESS CONCERNS.—Section 15 of 

17 such Act (15 U.S.C. 644) is amended by striking sub18 section (o) and inserting the following: 

19 ‘‘(o) LIMITATIONS ON SUBCONTRACTING.—A concern 

20 may not be awarded a contract under subsection (a) as 

21 a small business concern unless the concern agrees to sat22 isfy the requirements of section 45.’’. 

23 SEC. 1654. REGULATIONS. 

24 Not later than 180 days after the date of enactment 

25 of this Act, the Administrator of the Small Business AdVerDate Mar 15 2010 01:00 Jun 20, 2012 Jkt 019200 PO 00000 Frm 00870 Fmt 6652 Sfmt 6201 E:\BILLS\H4310.RFS H4310

smartinez on DSK6TPTVN1PROD with BILLS
871 

HR 4310 RFS

1 ministration shall issue guidance with respect to compli2 ance with the changes made to the Small Business Act 

3 by the amendments in this part, with opportunities for no4 tice and comment. 

5 Subpart B—Subcontracting Plans 

6 SEC. 1655. SUBCONTRACTING PLANS. 

7 (a) SUBCONTRACTING REPORTING REQUIRE8 MENTS.— 

9 (1) IN GENERAL.—Section 8(d)(6) of the Small 

10 Business Act (15 U.S.C. 637(d)(6)) is amended— 

11 (A) by striking ‘‘(6) Each subcontracting 

12 plan’’ and inserting the following: 

13 ‘‘(6) SUBCONTRACTING PLAN REQUIRE14 MENTS.—Each subcontracting plan’’; 

15 (B) by amending subparagraph (E) to read 

16 as follows: 

17 ‘‘(E) assurances that the offeror or bidder 

18 will— 

19 ‘‘(i) submit— 

20 ‘‘(I) not later than 180 days 

21 after the date on which performance 

22 under the applicable contract begins, 

23 and every 180 days thereafter until 

24 contract performance ends, a report 

25 that describes all subcontracting acVerDate Mar 15 2010 01:00 Jun 20, 2012 Jkt 019200 PO 00000 Frm 00871 Fmt 6652 Sfmt 6201 E:\BILLS\H4310.RFS H4310

smartinez on DSK6TPTVN1PROD with BILLS
872 

HR 4310 RFS

1 tivities under the contract during the 

2 preceding 180-day period; 

3 ‘‘(II) not later than 1 year after 

4 the date on which performance under 

5 the applicable contract begins, and 

6 annually thereafter until contract per7 formance ends, a report that describes 

8 all subcontracting activities under the 

9 contract that have occurred before the 

10 date on which the report is submitted; 

11 and 

12 ‘‘(III) not later than 30 days 

13 after the date on which performance 

14 under the applicable contract ends, a 

15 report that describes all subcon16 tracting activities under the contract; 

17 and 

18 ‘‘(ii) cooperate with any study or sur19 vey required by the applicable Federal 

20 agency or the Administration to determine 

21 the extent of compliance by the offeror or 

22 bidder with the subcontracting plan;’’; and 

23 (C) by moving the margins for subpara24 graphs (A), (B), (C), (D), and (F) 2 ems to the 

25 right (so that the align with subparagraph (E), 


smartinez on DSK6TPTVN1PROD with BILLS
873 

HR 4310 RFS

1 as amended by subparagraph (B) of this para2 graph). 

3 (2) REPORTING SYSTEM MODIFICATION.— 

4 (A) IN GENERAL.—Not later than 1 year 

5 after the date of enactment of this part, the 

6 Administrator of the Small Business Adminis7 tration shall take such actions as are necessary 

8 to ensure that the Federal subcontracting re9 porting system to which covered reports are 

10 submitted is modified to notify the Adminis11 trator, the appropriate contracting officer, and 

12 the appropriate Director of Small and Dis13 advantaged Business Utilization if an entity 

14 fails to submit a required covered report. If the 

15 Administrator does not modify the subcon16 tracting reporting system on or before the date 

17 that is 1 year after the date of enactment of 

18 this part, the Administrator may not carry out 

19 or establish any pilot program until the date 

20 the Administrator modifies the reporting sys21 tem. 

22 (B) COVERED REPORT DEFINED.—In this 

23 paragraph, the term ‘‘covered report’’ means a 

24 report submitted in accordance with assurances 


smartinez on DSK6TPTVN1PROD with BILLS
874 

HR 4310 RFS

1 provided under section 8(d)(6)(E) of the Small 

2 Business Act (15 U.S.C. 637(d)(6)(E)). 

3 (b) FAILURE TO SUBMIT SUBCONTRACTING RE4 PORTS AS BREACH OF CONTRACT.—Section 8(d)(8) of 

5 such Act (15 U.S.C. 637(d)(8)) is amended— 

6 (1) by striking ‘‘(8) The failure’’ and inserting 

7 the following: 

8 ‘‘(8) MATERIAL BREACH.—The failure’’; 

9 (2) in subparagraph (A) by striking ‘‘sub10 section, or’’ and inserting ‘‘subsection,’’; 

11 (3) in subparagraph (B) by striking ‘‘sub12 contract,’’ and inserting ‘‘subcontract, or’’; 

13 (4) by inserting after subparagraph (B) the fol14 lowing: 

15 ‘‘(C) assurances provided under paragraph 

16 (6)(E),’’; and 

17 (5) by moving the margins of subparagraphs 

18 (A), (B), and the matter following subparagraph (B) 

19 2 ems to the right. 

20 (c) AUTHORITY OF SMALL BUSINESS ADMINISTRA21 TION.—Section 8(d)(10) of such Act (15 U.S.C. 

22 637(d)(10)) is amended— 

23 (1) by striking ‘‘(10) In the case of’’ and insert24 ing the following: 


smartinez on DSK6TPTVN1PROD with BILLS
875 

HR 4310 RFS

1 ‘‘(10) AUTHORITY OF ADMINISTRATION.—In 

2 the case of’’; 

3 (2) in subparagraph (B) by striking ‘‘, which 

4 shall be advisory in nature,’’; 

5 (3) in subparagraph (C) by striking ‘‘, either on 

6 a contract-by-contract basis, or in the case contrac7 tors’’ and inserting ‘‘as a supplement to evaluations 

8 performed by the contracting agency, either on a 

9 contract-by-contract basis or, in the case of contrac10 tors’’; and 

11 (4) by moving the margins of subparagraphs 

12 (A) through (C) 2 ems to the right. 

13 (d) APPEALS.—Section 8(d) of such Act (15 U.S.C. 

14 637(d)) is amended by adding at the end the following: 

15 ‘‘(13) REVIEW AND ACCEPTANCE OF SUBCON16 TRACTING PLANS.— 

17 ‘‘(A) IN GENERAL.—Except as provided in 

18 subparagraph (E), if a procurement center rep19 resentative or commercial market representative 

20 determines that a subcontracting plan required 

21 under paragraph (4) or (5) fails to provide the 

22 maximum practicable opportunity for covered 

23 small business concerns to participate in the 

24 performance of the contract to which the plan 

25 applies, such representative may delay acceptVerDate Mar 15 2010 01:00 Jun 20, 2012 Jkt 019200 PO 00000 Frm 00875 Fmt 6652 Sfmt 6201 E:\BILLS\H4310.RFS H4310

smartinez on DSK6TPTVN1PROD with BILLS
876 

HR 4310 RFS

1 ance of the plan in accordance with subpara2 graph (B). 

3 ‘‘(B) PROCESS.— 

4 ‘‘(i) IN GENERAL.—Except as pro5 vided in clause (ii), a procurement center 

6 representative or commercial market rep7 resentative who makes the determination 

8 under subparagraph (A) with respect to a 

9 subcontracting plan may delay acceptance 

10 of the plan for a 30-day period by pro11 viding written notice of such determination 

12 to head of the procuring activity of the 

13 contracting agency. Such notice shall in14 clude recommendations for altering the 

15 plan to provide the maximum practicable 

16 opportunity described in that subpara17 graph. 

18 ‘‘(ii) EXCEPTION.—In the case of the 

19 Department of Defense, a procurement 

20 center representative or commercial market 

21 representative who makes the determina22 tion under subparagraph (A) with respect 

23 to a subcontracting plan may delay accept24 ance of the plan for a 15-day period by 

25 providing written notice of such determinaVerDate Mar 15 2010 01:00 Jun 20, 2012 Jkt 019200 PO 00000 Frm 00876 Fmt 6652 Sfmt 6201 E:\BILLS\H4310.RFS H4310

smartinez on DSK6TPTVN1PROD with BILLS
877 

HR 4310 RFS

1 tion to appropriate personnel of the De2 partment of Defense. Such notice shall in3 clude recommendations for altering the 

4 plan to provide the maximum practicable 

5 opportunity described in that subpara6 graph. The authority of a procurement 

7 center representative or commercial market 

8 representative to delay acceptance of a 

9 subcontracting plan as provided in sub10 paragraph (A), does not include the au11 thority to delay the award or performance 

12 of the contract concerned. 

13 ‘‘(C) DISAGREEMENTS.—If a procurement 

14 center representative or commercial market rep15 resentative delays the acceptance of a subcon16 tracting plan under subparagraph (B) and does 

17 not reach agreement with head of the procuring 

18 activity of the contracting agency to alter the 

19 plan to provide the maximum practicable oppor20 tunity described in subparagraph (A) not later 

21 than 30 days from the date written notice was 

22 provided, the disagreement shall be submitted 

23 to the head of the contracting agency by the 

24 Administrator for a final determination. 


smartinez on DSK6TPTVN1PROD with BILLS
878 

HR 4310 RFS

1 ‘‘(D) COVERED SMALL BUSINESS CON2 CERNS DEFINED.—In this paragraph, the term 

3 ‘covered small business concerns’ means small 

4 business concerns, qualified HUBZone small 

5 business concerns, small business concerns 

6 owned and controlled by veterans, small busi7 ness concerns owned and controlled by service8 disabled veterans, small business concerns 

9 owned and controlled by socially and economi10 cally disadvantaged individuals, and small busi11 ness concerns owned and controlled by women. 

12 ‘‘(E) EXCEPTION.—The procurement cen13 ter representative or commercial market rep14 resentative may not delay the acceptance of a 

15 subcontracting plan if the appropriate personnel 

16 of the contracting agency certify that the agen17 cy’s need for the property or services is of such 

18 an unusual and compelling urgency that the 

19 United States would be seriously injured unless 

20 the agency is permitted to accept the subcon21 tracting plan.’’. 

22 SEC. 1656. NOTICES OF SUBCONTRACTING OPPORTUNI23 TIES. 

24 Section 8(k)(1) of the Small Business Act (15 U.S.C. 

25 637(k)(1)) is amended by striking ‘‘in the Commerce 


smartinez on DSK6TPTVN1PROD with BILLS
879 

HR 4310 RFS

1 Business Daily’’ and inserting ‘‘on the appropriate Fed2 eral Web site (as determined by the Administrator)’’. 

3 SEC. 1657. REGULATIONS. 

4 Not later than 180 days after the date of enactment 

5 of this Act, the Administrator of the Small Business Ad6 ministration shall issue guidance with respect to the 

7 changes made to the Small Business Act, with opportunity 

8 for notice and comment. 

9 Subpart C—Publication of Certain Documents 

10 SEC. 1658. PUBLICATION OF CERTAIN DOCUMENTS. 

11 The Small Business Act (15 U.S.C. 631 et seq.), as 

12 amended by this part, is further amended by inserting 

13 after section 45 the following: 

14 ‘‘SEC. 46. PUBLICATION OF CERTAIN DOCUMENTS. 

15 ‘‘A Federal agency, other than the Department of 

16 Defense, may only convert a function that is being per17 formed by a small business concern to performance by a 

18 Federal employee if the agency has made publicly available 

19 the procedures and methodologies of the agency with re20 spect to decisions to convert a function being performed 

21 by a small business concern to performance by a Federal 

22 employee, including procedures and methodologies for de23 termining which contracts will be studied for potential 

24 conversion; procedures and methodologies by which a con25 tract is evaluated as inherently governmental or as a critVerDate Mar 15 2010 01:00 Jun 20, 2012 Jkt 019200 PO 00000 Frm 00879 Fmt 6652 Sfmt 6201 E:\BILLS\H4310.RFS H4310

smartinez on DSK6TPTVN1PROD with BILLS
880 

HR 4310 RFS

1 ical agency function; and procedures and methodologies 

2 for estimating and comparing costs.’’. 

3 PART V—SMALL BUSINESS CONCERN SIZE 

4 STANDARDS 

5 SEC. 1661. SMALL BUSINESS CONCERN SIZE STANDARDS. 

6 Section 3 of the Small Business Act (15 U.S.C. 632) 

7 is amended— 

8 (1) by striking ‘‘SEC. 3.’’ and inserting the fol9 lowing: 

10 ‘‘SEC. 3. DEFINITIONS.’’; 

11 and 

12 (2) in subsection (a)— 

13 (A) by striking the subsection enumerator 

14 and inserting the following: 

15 ‘‘(a) SMALL BUSINESS CONCERNS.—’’; 

16 (B) in paragraph (1) by striking ‘‘(1) For 

17 the purposes’’ and inserting the following: 

18 ‘‘(1) IN GENERAL.—For the purposes’’; 

19 (C) in paragraph (3) by striking ‘‘(3) 

20 When establishing’’ and inserting the following: 

21 ‘‘(3) VARIATION BY INDUSTRY AND CONSIDER22 ATION OF OTHER FACTORS.—When establishing’’; 

23 (D) by moving paragraph (5), including 

24 each subparagraph and clause therein, 2 ems to 

25 the right; and 


smartinez on DSK6TPTVN1PROD with BILLS
881 

HR 4310 RFS

1 (E) by adding at the end the following: 

2 ‘‘(6) PROPOSED RULE MAKING.—In conducting 

3 rulemaking to revise, modify or establish size stand4 ards pursuant to this section, the Administrator 

5 shall consider, and address, and make publicly avail6 able as part of the notice of proposed rule making 

7 and notice of final rule each of the following: 

8 ‘‘(A) a detailed description of the industry 

9 for which the new size standard is proposed; 

10 ‘‘(B) an analysis of the competitive envi11 ronment for that industry; 

12 ‘‘(C) the approach the Administrator used 

13 to develop the proposed standard including the 

14 source of all data used to develop the proposed 

15 rulemaking; and 

16 ‘‘(D) the anticipated effect of the proposed 

17 rulemaking on the industry, including the num18 ber of concerns not currently considered small 

19 that would be considered small under the pro20 posed rulemaking and the number of concerns 

21 currently considered small that would be 

22 deemed other than small under the proposed 

23 rulemaking. 

24 ‘‘(7) COMMON SIZE STANDARDS.—In carrying 

25 out this subsection, the Administrator may establish 


smartinez on DSK6TPTVN1PROD with BILLS
882 

HR 4310 RFS

1 or approve a single size standard for a grouping of 

2 four digit North American Industrial Classification 

3 codes only if the Administrator makes publicly avail4 able, not later than the date on which such size 

5 standard is established or approved, a justification 

6 demonstrating that such size standard is appropriate 

7 for each individual industry classification included in 

8 the grouping. 

9 ‘‘(8) NUMBER OF SIZE STANDARDS.—The Ad10 ministrator shall not limit the number of size stand11 ards it creates pursuant to paragraph (2), and shall 

12 assign the appropriate size standard to each North 

13 American Industrial Classification System Code’’. 

14 PART VI—CONTRACT BUNDLING 

15 SEC. 1671. CONSOLIDATION OF PROVISIONS RELATING TO 

16 CONTRACT BUNDLING. 

17 Section 44 of the Small Business Act (15 U.S.C. 

18 657q) is amended to read as follows: 

19 ‘‘SEC. 44. CONTRACT BUNDLING. 

20 ‘‘(a) DEFINITIONS.—In this Act: 

21 ‘‘(1) BUNDLED CONTRACT.—The term ‘bundled 

22 contract’— 

23 ‘‘(A) means a contract that is entered into 

24 to meet procurement requirements that are 

25 combined in a bundling of contract requireVerDate Mar 15 2010 03:55 Jun 20, 2012 Jkt 019200 PO 00000 Frm 00882 Fmt 6652 Sfmt 6201 E:\BILLS\H4310.RFS H4310

smartinez on DSK6TPTVN1PROD with BILLS
883 

HR 4310 RFS

1 ments, without regard to whether a study of the 

2 effects of the solicitation on Federal officers or 

3 employees has been made; and 

4 ‘‘(B) does not include— 

5 ‘‘(i) a contract with an aggregate dol6 lar value below the dollar threshold; or 

7 ‘‘(ii) a single award contract for the 

8 acquisition of a weapons system acquired 

9 through a major defense acquisition. 

10 ‘‘(2) BUNDLING METHODOLOGY.—The term 

11 ‘bundling methodology’ means— 

12 ‘‘(A) a solicitation to obtain offers for a 

13 single contract or a multiple award contract; 

14 ‘‘(B) a solicitation of offers for the 

15 issuance of a task or a delivery order under an 

16 existing single or multiple award contract; or 

17 ‘‘(C) the creation of any new procurement 

18 requirements that permits a combination of 

19 contract requirements, including any combina20 tion of contract requirements or order require21 ments. 

22 ‘‘(3) BUNDLING OF CONTRACT REQUIRE23 MENTS.—The term ‘bundling of contract require24 ments’, with respect to the contract requirements of 

25 a Federal agency— 


smartinez on DSK6TPTVN1PROD with BILLS
884 

HR 4310 RFS

1 ‘‘(A) means the use of any bundling meth2 odology to satisfy 2 or more procurement re3 quirements for new or existing goods or services 

4 provided to or performed for the Federal agen5 cy, including any construction services, that is 

6 likely to be unsuitable for award to a small7 business concern due to— 

8 ‘‘(i) the diversity, size, or specialized 

9 nature of the elements of the performance 

10 specified; 

11 ‘‘(ii) the aggregate dollar value of the 

12 anticipated award; 

13 ‘‘(iii) the geographical dispersion of 

14 the contract performance sites; or 

15 ‘‘(iv) any combination of the factors 

16 described in clauses (i), (ii), and (iii); and 

17 ‘‘(B) does not include the use of a bun18 dling methodology for an anticipated award 

19 with an aggregate dollar value below the dollar 

20 threshold. 

21 ‘‘(4) CHIEF ACQUISITION OFFICER.—The term 

22 ‘Chief Acquisition Officer’ means the employee of a 

23 Federal agency designated as the Chief Acquisition 

24 Officer for the Federal agency under section 1702(a) 

25 of title 41, United States Code. 


smartinez on DSK6TPTVN1PROD with BILLS
885 

HR 4310 RFS

1 ‘‘(5) CONTRACT.—The term ‘contract’ includes, 

2 for purposes of this section, any task order made 

3 pursuant to an indefinite quantity, indefinite deliv4 ery contract. 

5 ‘‘(6) CONTRACT BUNDLING.—The term ‘con6 tract bundling’ means the process by which a bun7 dled contract is created. 

8 ‘‘(7) DOLLAR THRESHOLD.—The term ‘dollar 

9 threshold’ means— 

10 ‘‘(A) in the case of a contract for construc11 tion, $5,000,000; and 

12 ‘‘(B) in any other case, $2,000,000. 

13 ‘‘(8) MAJOR DEFENSE ACQUISITION PRO14 GRAM.—The term ‘major defense acquisition pro15 gram’ has the meaning given in section 2430(a) of 

16 title 10, United States Code. 

17 ‘‘(9) PREVIOUSLY BUNDLED CONTRACT.—The 

18 term ‘previously bundled contract’ means a contract 

19 that is the successor to a contract that required a 

20 bundling analysis, contract for which any of the suc21 cessor contract were designated as a consolidated 

22 contract or bundled contract in the Federal procure23 ment database, or a contract for which the Adminis24 trator designated the prior contract as a bundled 

25 contract. 


smartinez on DSK6TPTVN1PROD with BILLS
886 

HR 4310 RFS

1 ‘‘(10) PROCUREMENT ACTIVITY.—The term 

2 ‘procurement activity’ means the Federal agency or 

3 office thereof acquiring goods or services. 

4 ‘‘(11) PROCUREMENT REQUIREMENT.—The 

5 term ‘procurement requirement’ means a determina6 tion by an agency that the acquisition of a specified 

7 good or service is needed to satisfy the mission of 

8 the agency. 

9 ‘‘(12) SENIOR PROCUREMENT EXECUTIVE.— 

10 The term ‘senior procurement executive’ means an 

11 official designated under section 1702(c) of title 41, 

12 United States Code, as the senior procurement exec13 utive for a Federal agency. 

14 ‘‘(13) TRADE ASSOCIATION.—The term ‘trade 

15 association’ means any entity that is described in 

16 paragraph (3), (6), (12), or (19) of section 501(c) 

17 of the Internal Revenue Code of 1986 and which is 

18 exempt from tax under section 501(a) of such Code. 

19 ‘‘(b) POLICY.—The head of each Federal agency shall 

20 ensure that the decisions made by the Federal agency re21 garding contract bundling are made with a view to pro22 viding small business concerns with the maximum prac23 ticable opportunities to participate as prime contractors 

24 and subcontractors in the procurements of the Federal 

25 agency. 


smartinez on DSK6TPTVN1PROD with BILLS
887 

HR 4310 RFS

1 ‘‘(c) CONTRACT BUNDLING.— 

2 ‘‘(1) PROPOSED PROCUREMENTS.—Paragraphs 

3 (2) through (4) shall apply to a proposed procure4 ment if the proposed procurement— 

5 ‘‘(A) one or more small business concerns 

6 would suffer economic harm or disruption of its 

7 business operations, including the potential loss 

8 of an existing contract, as a direct or indirect 

9 result of the contract bundling; 

10 ‘‘(B) includes, in its statement of work, 

11 goods or services— 

12 ‘‘(i)(I) currently being performed by a 

13 small business; and 

14 ‘‘(II) if the proposed procurement is 

15 in a quantity or estimated dollar value the 

16 magnitude of which renders small business 

17 prime contract participation unlikely; or 

18 ‘‘(ii)(I) that are of a type that the Ad19 ministrator through market research can 

20 demonstrate that two or more small busi21 nesses are capable of performing; and 

22 ‘‘(II) if the statement of work pro23 poses combining the goods or services iden24 tified in subclause (I) with other requireVerDate Mar 15 2010 03:55 Jun 20, 2012 Jkt 019200 PO 00000 Frm 00887 Fmt 6652 Sfmt 6201 E:\BILLS\H4310.RFS H4310

smartinez on DSK6TPTVN1PROD with BILLS
888 

HR 4310 RFS

1 ments for goods or services into the solici2 tation of offers; 

3 ‘‘(C) is for construction and— 

4 ‘‘(i) seeks to package or combine dis5 crete construction projects; or 

6 ‘‘(ii) the value of the goods or services 

7 subject to the contract exceeds the dollar 

8 threshold; or 

9 ‘‘(D) is determined by the Administrator 

10 to have a solicitation that involves an unneces11 sary or unjustified bundling of contract require12 ments. 

13 ‘‘(2) RESPONSIBILITY OF THE PROCUREMENT

14 ACTIVITY.—At least 45 days prior to the issuance of 

15 a solicitation, the Procurement Activity shall notify 

16 and provide a copy of the proposed procurement to 

17 the procurement center representative assigned to 

18 the Procurement Activity. The 45-day notification 

19 process under this paragraph shall occur concur20 rently with other processing steps required prior to 

21 issuance of the solicitation. The notice shall include 

22 a statement as to why the agency has determined 

23 that contract bundling is necessary and justified and 

24 shall also describe why the proposed acquisition canVerDate Mar 15 2010 03:55 Jun 20, 2012 Jkt 019200 PO 00000 Frm 00888 Fmt 6652 Sfmt 6201 E:\BILLS\H4310.RFS H4310

smartinez on DSK6TPTVN1PROD with BILLS
889 

HR 4310 RFS

1 not be offered so as to make small business partici2 pation likely. Such statement shall address— 

3 ‘‘(A) why the proposed acquisition cannot 

4 be further divided into reasonably small lots or 

5 discrete tasks in order to permit offers by small 

6 business concerns; 

7 ‘‘(B) if applicable, a list of the incumbent 

8 contractors disaggregated by and including 

9 names, addresses, and whether or not the con10 tractor is a small business concern; 

11 ‘‘(C) a description of the industries that 

12 might be interested in bidding on the contract 

13 requirements; 

14 ‘‘(D) an assessment of the impact on small 

15 businesses that had bid on previous procure16 ment requirements that are included in the 

17 bundling of contract requirements; 

18 ‘‘(E) delineating the number of existing 

19 small business concerns whose contracts will 

20 cease if the contract bundling proceeds; 

21 ‘‘(F) if delivery schedule was a factor in 

22 the decision to bundle, an explanation as to why 

23 a schedule could not be developed that would 

24 encourage small business participation; and 


smartinez on DSK6TPTVN1PROD with BILLS
890 

HR 4310 RFS

1 ‘‘(G) in the case of a construction contract, 

2 why construction cannot be procured as sepa3 rate discrete projects. 

4 ‘‘(3) PUBLICATION OF NOTICE STATEMENT.— 

5 Concurrently, the statement required in paragraph 

6 (2) shall be published in the Federal contracting op7 portunities database. 

8 ‘‘(4) RECOMPETITION OF A PREVIOUSLY BUN9 DLED CONTRACT.—If the proposed procurement is a 

10 previously bundled contract, that is to be recompeted 

11 as a bundled contract, the Administrator shall deter12 mine, with the assistance of the agency proposing 

13 the procurement— 

14 ‘‘(A) the amount of savings and benefits 

15 (in accordance with subsection (d)) achieved 

16 under the bundling of contract requirements; 

17 ‘‘(B) whether such savings and benefits 

18 will continue to be realized if the contract re19 mains bundled, and whether such savings and 

20 benefits would be greater if the procurement re21 quirements were divided into separate solicita22 tions suitable for award to small business con23 cerns; 

24 ‘‘(C) the dollar value of subcontracts 

25 awarded to small business concerns under the 


smartinez on DSK6TPTVN1PROD with BILLS
891 

HR 4310 RFS

1 bundled contract, disaggregated by North 

2 American Industrial Classification System 

3 Code; 

4 ‘‘(D) the percentage of subcontract dollars 

5 awarded to small businesses under the bundled 

6 contract, disaggregated by North American In7 dustrial Classification System Code; and 

8 ‘‘(E) the dollar amount and percentage of 

9 prime contract dollars awarded to small busi10 nesses in the primary North American Indus11 trial Classification System Code for that bun12 dled contract during each of the two fiscal years 

13 preceding the award of the bundled contract 

14 and during each fiscal year of the performance 

15 of the bundled contract. 

16 ‘‘(5) FAILURE TO PROVIDE NOTICE.— 

17 ‘‘(A) NO NOTIFICATION RECEIVED.—If no 

18 notification of the proposed procurement or ac19 companying statement is received, but the Ad20 ministrator determines that the proposed pro21 curement is a proposed procurement described 

22 in paragraph (1), then the Administrator shall 

23 require that such a statement of work be com24 pleted by the Procurement Activity and sent to 

25 the procurement center representative and postVerDate Mar 15 2010 03:55 Jun 20, 2012 Jkt 019200 PO 00000 Frm 00891 Fmt 6652 Sfmt 6201 E:\BILLS\H4310.RFS H4310

smartinez on DSK6TPTVN1PROD with BILLS
892 

HR 4310 RFS

1 pone the solicitation process for at least 10 

2 days but not more than 45 days to allow the 

3 Administrator to review the statement and 

4 make recommendations as described in this sec5 tion before the procurement process is contin6 ued. 

7 ‘‘(B) NO WORK CONTINUED.—If the Ad8 ministrator requires a Procurement Activity to 

9 provide a statement of work pursuant to sub10 paragraph (A), the Procurement Activity shall 

11 not be permitted to continue with the procure12 ment until such time as the Procurement Activ13 ity complies with the requirements of subpara14 graph (A). 

15 ‘‘(6) RESPONSIBILITY OF THE PROCUREMENT

16 CENTER REPRESENTATIVE.—Within 15 days after 

17 receipt of the proposed procurement and accom18 panying statement, if the procurement center rep19 resentative believes that the procurement as pro20 posed will render small business prime contract par21 ticipation unlikely, the representative shall rec22 ommend to the Procurement Activity alternative pro23 curement methods which would increase small busi24 ness prime contracting opportunities. 


smartinez on DSK6TPTVN1PROD with BILLS
893 

HR 4310 RFS

1 ‘‘(7) DISAGREEMENT BETWEEN THE ADMINIS2 TRATOR AND THE PROCUREMENT ACTIVITY.— 

3 ‘‘(A) IN GENERAL.—If the Administrator 

4 determines that a small business concern would 

5 be adversely affected, directly or indirectly, by 

6 the proposed procurement, or if a small busi7 ness concern or a trade association of which 

8 that small business concern is a member so re9 quests, the Administrator may take action 

10 under this paragraph to further the interests of 

11 small businesses. 

12 ‘‘(B) APPEAL TO AGENCY HEAD.—The 

13 proposed procurement shall be submitted for 

14 determination to the head of the contracting 

15 agency by the Administrator. 

16 ‘‘(C) APPEAL BY AFFECTED SMALL BUSI17 NESS CONCERN TO GAO.—For purposes of sub18 chapter V of chapter 35 of title 31, United 

19 States Code, if a protest is submitted to the 

20 Comptroller General under that subchapter al21 leging a violation of this section of the Small 

22 Business Act, a trade association representing 

23 small business concerns shall be considered an 

24 interested party. 

25 ‘‘(d) MARKET RESEARCH.— 


smartinez on DSK6TPTVN1PROD with BILLS
894 

HR 4310 RFS

1 ‘‘(1) IN GENERAL.—Before proceeding with an 

2 acquisition strategy that could lead to bundled con3 tracts, the head of an agency shall conduct market 

4 research to determine whether bundling of the re5 quirements is necessary and justified. 

6 ‘‘(2) FACTORS.—For purposes of subsection 

7 (c)(1), a bundled contract is necessary and justified 

8 if the bundling of contract requirements will result 

9 in substantial measurable benefits in excess of those 

10 benefits resulting from a procurement of the con11 tract requirements that does not involve contract 

12 bundling. 

13 ‘‘(3) BENEFITS.—For the purposes of bundling 

14 of contract requirements, benefits described in para15 graph (2) may include the following: 

16 ‘‘(A) Cost savings. 

17 ‘‘(B) Quality improvements. 

18 ‘‘(C) Reduction in acquisition cycle times. 

19 ‘‘(D) Better terms and conditions. 

20 ‘‘(E) Any other benefits. 

21 ‘‘(4) REDUCTION OF COSTS NOT DETERMINA22 TIVE.—For purposes of this subsection: 

23 ‘‘(A) Cost savings shall not include any re24 duction in the use of military interdepartmental 

25 purchase requests or any similar transfer funds 


smartinez on DSK6TPTVN1PROD with BILLS
895 

HR 4310 RFS

1 among Federal agencies for the use of a con2 tract issued by another Federal agency. 

3 ‘‘(B) The reduction of administrative or 

4 personnel costs alone shall not be a justification 

5 for bundling of contract requirements unless 

6 the cost savings are expected to be substantial 

7 in relation to the dollar value of the procure8 ment requirements to be bundled. 

9 ‘‘(5) LIMITATION ON ACQUISITION STRATEGY.— 

10 The head of a Federal agency may not carry out an 

11 acquisition strategy that includes bundled contracts 

12 valued in excess of the dollar threshold, unless the 

13 senior procurement executive or, if applicable, Chief 

14 Acquisition Officer, for the Federal agency, certifies 

15 to the head of the Federal agency that steps will be 

16 taken to include small business concerns in the ac17 quisition strategy prior to the implementation of 

18 such acquisition strategy. 

19 ‘‘(e) STRATEGY SPECIFICATIONS.—If the head of a 

20 contracting agency determines that an acquisition plan or 

21 proposed procurement strategy will result in a bundled 

22 contract, the proposed acquisition plan or procurement 

23 strategy shall— 


smartinez on DSK6TPTVN1PROD with BILLS
896 

HR 4310 RFS

1 ‘‘(1) identify specifically the benefits anticipated 

2 to be derived from the bundling of contract require3 ments; 

4 ‘‘(2) set forth an assessment of the specific im5 pediments to participation by small business con6 cerns as prime contractors that result from the con7 tract bundling and specify actions designed to maxi8 mize small business participation as subcontractors 

9 (including suppliers) at various tiers under the con10 tract or contracts that are awarded to meet the re11 quirements; and 

12 ‘‘(3) include a specific determination that the 

13 anticipated measurable benefits of the proposed bun14 dled contract justify its use. 

15 ‘‘(f) CONTRACT TEAMING.—In the case of a solicita16 tion of offers for a bundled contract that is issued by the 

17 head of an agency, a small-business concern may submit 

18 an offer that provides for use of a particular team of sub19 contractors for the performance of the contract. The head 

20 of the agency shall evaluate the offer in the same manner 

21 as other offers, with due consideration to the capabilities 

22 of all of the proposed subcontractors. If a small business 

23 concern teams under this paragraph, it shall not affect 

24 its status as a small business concern for any other pur25 pose. 


smartinez on DSK6TPTVN1PROD with BILLS
897 

HR 4310 RFS

1 ‘‘(g) DATABASE, ANALYSIS, AND ANNUAL REPORT

2 REGARDING CONTRACT BUNDLING.— 

3 ‘‘(1) DATABASE.—Not later than 180 days 

4 after the date of the enactment of this subsection, 

5 the Administrator shall develop and shall thereafter 

6 maintain a database containing data and informa7 tion regarding— 

8 ‘‘(A) each bundled contract awarded by a 

9 Federal agency; and 

10 ‘‘(B) each small business concern that has 

11 been displaced as a prime contractor as a result 

12 of the award of such a contract. 

13 ‘‘(2) ANALYSIS.—For each bundled contract 

14 that is to be recompeted, the Administrator shall de15 termine— 

16 ‘‘(A) the amount of savings and benefits 

17 realized, in comparison with the savings and 

18 benefits anticipated by the analysis required 

19 under subsection (d) prior to the contract 

20 award; and 

21 ‘‘(B) whether such savings and benefits 

22 will continue to be realized if the contract re23 mains bundled, and whether such savings and 

24 benefits would be greater if the procurement re25 quirements were divided into separate solicitaVerDate Mar 15 2010 03:55 Jun 20, 2012 Jkt 019200 PO 00000 Frm 00897 Fmt 6652 Sfmt 6201 E:\BILLS\H4310.RFS H4310

smartinez on DSK6TPTVN1PROD with BILLS
898 

HR 4310 RFS

1 tions suitable for award to small business con2 cerns. 

3 ‘‘(3) ANNUAL REPORT ON CONTRACT BUN4 DLING.— 

5 ‘‘(A) IN GENERAL.—Not later than 1 year 

6 after the date of the enactment of this para7 graph, and annually in March thereafter, the 

8 Administrator shall transmit a report on con9 tract bundling to the Committee on Small Busi10 ness of the House of Representatives and the 

11 Committee on Small Business and Entrepre12 neurship of the Senate. 

13 ‘‘(B) CONTENTS.—Each report trans14 mitted under subparagraph (A) shall include— 

15 ‘‘(i) data on the number, arranged by 

16 industrial classification, of small business 

17 concerns displaced as prime contractors as 

18 a result of the award of bundled contracts 

19 by Federal agencies; and 

20 ‘‘(ii) a description of the activities 

21 with respect to previously bundled con22 tracts of each Federal agency during the 

23 preceding year, including— 


smartinez on DSK6TPTVN1PROD with BILLS
899 

HR 4310 RFS

1 ‘‘(I) data on the number and 

2 total dollar amount of all contract re3 quirements that were bundled; and 

4 ‘‘(II) with respect to each bun5 dled contract, data or information 

6 on— 

7 ‘‘(aa) the justification for 

8 the bundling of contract require9 ments; 

10 ‘‘(bb) the cost savings real11 ized by bundling the contract re12 quirements over the life of the 

13 contract; 

14 ‘‘(cc) the extent to which 

15 maintaining the bundled status 

16 of contract requirements is pro17 jected to result in continued cost 

18 savings; 

19 ‘‘(dd) the extent to which 

20 the bundling of contract require21 ments complied with the con22 tracting agency’s small business 

23 subcontracting plan, including 

24 the total dollar value awarded to 

25 small business concerns as subVerDate Mar 15 2010 03:55 Jun 20, 2012 Jkt 019200 PO 00000 Frm 00899 Fmt 6652 Sfmt 6201 E:\BILLS\H4310.RFS H4310

smartinez on DSK6TPTVN1PROD with BILLS
900 

HR 4310 RFS

1 contractors and the total dollar 

2 value previously awarded to small 

3 business concerns as prime con4 tractors; and 

5 ‘‘(ee) the impact of the bun6 dling of contract requirements on 

7 small business concerns unable to 

8 compete as prime contractors for 

9 the consolidated requirements 

10 and on the industries of such 

11 small business concerns, includ12 ing a description of any changes 

13 to the proportion of any such in14 dustry that is composed of small 

15 business concerns. 

16 ‘‘(h) BUNDLING ACCOUNTABILITY MEASURES.— 

17 ‘‘(1) TEAMING REQUIREMENTS.—Each Federal 

18 agency shall include in each solicitation for any mul19 tiple award contract above the dollar threshold a 

20 provision soliciting bids from any responsible source, 

21 including responsible small business concerns and 

22 teams or joint ventures of small business concerns. 

23 ‘‘(2) POLICIES ON REDUCTION OF CONTRACT

24 BUNDLING.— 


smartinez on DSK6TPTVN1PROD with BILLS
901 

HR 4310 RFS

1 ‘‘(A) IN GENERAL.—Not later than 270 

2 days after the date of enactment of this sub3 paragraph, the Federal Acquisition Regulatory 

4 Council, established under section 1302(a) of 

5 title 41, United States Code, shall amend the 

6 Federal Acquisition Regulation issued under 

7 section 1303 of such title to— 

8 ‘‘(i) establish a Government-wide pol9 icy regarding contract bundling, including 

10 regarding the solicitation of teaming and 

11 joint ventures; and 

12 ‘‘(ii) require that the policy estab13 lished under clause (i) be published on the 

14 website of each Federal agency. 

15 ‘‘(B) RATIONALE FOR CONTRACT BUN16 DLING.—Not later than 30 days after the date 

17 on which the head of a Federal agency submits 

18 the report required under section 15(h), the 

19 head of the Federal agency shall publish on the 

20 website of the Federal agency a list and ration21 ale for any bundled contract for which the Fed22 eral agency solicited bids or that was awarded 

23 by the Federal agency.’’. 


smartinez on DSK6TPTVN1PROD with BILLS
902 

HR 4310 RFS

1 SEC. 1672. REPEAL OF REDUNDANT PROVISIONS. 

2 (a) CERTAIN PROVISIONS REGARDING CONTRACT

3 BUNDLING REPEALED.— 

4 (1) Section 15(a) of the Small Business Act (15 

5 U.S.C. 644(a)), is amended by striking ‘‘If a pro6 posed procurement includes’’ and all that follows 

7 through ‘‘the matter shall be submitted for deter8 mination to the Secretary or the head of the appro9 priate department or agency by the Administrator.’’. 

10 (2) All references in law to such sentences as 

11 they were in effect on the date that is one day prior 

12 to the effective date of this Act shall be deemed to 

13 be references to section 44(d), as added by this part. 

14 (b) CERTAIN PROVISIONS REGARDING MARKET RE15 SEARCH REPEALED.— 

16 (1) Paragraphs (2) through (4) of section 15(e) 

17 of the Small Business Act (15 U.S.C. 644(e)) are 

18 repealed. 

19 (2) All references in law to such paragraphs, as 

20 in effect on the date that is one day prior to the ef21 fective date of this Act, shall be deemed to be ref22 erences to subsections (d) through (f), respectively, 

23 of section 44 of the Small Business Act, as added 

24 by this section. 

25 (c) CERTAIN PROVISIONS REGARDING CONTRACT

26 BUNDLING DATABASE REPEALED.— 


smartinez on DSK6TPTVN1PROD with BILLS
903 

HR 4310 RFS

1 (1) Paragraph (1) of section 15(p) of the Small 

2 Business Act (15 U.S.C. 644(p)) is repealed. 

3 (2) Paragraphs (2) through (4) of section 15(p) 

4 of the Small Business Act (15 U.S.C. 644(p)) are 

5 repealed. All references in law to such paragraphs, 

6 as in effect on the date that is one day prior to the 

7 effective date of this Act, shall be deemed to be ref8 erences to paragraphs (1) through (3), respectively, 

9 of section 44(h) of the Small Business Act, as added 

10 by this part. 

11 (d) CERTAIN PROVISIONS REGARDING BUNDLING

12 ACCOUNTABILITY MEASURES REPEALED.— 

13 (1) Paragraphs (1) and (2) of section 15(q) of 

14 the Small Business Act (15 U.S.C. 644(q)) are re15 pealed. 

16 (2) All references in law to such paragraphs, as 

17 in effect on the date that is one day prior to the ef18 fective date of this Act, shall be deemed to be ref19 erences to paragraphs (1) and (2), respectively, of 

20 section 44(i) of the Small Business Act, as added by 

21 this part. 

22 (e) CERTAIN PROVISIONS REGARDING.—Subsection 

23 (o) of section 3 of the Small Business Act (15 U.S.C.) 

24 is repealed. 


smartinez on DSK6TPTVN1PROD with BILLS
904 

HR 4310 RFS

1 SEC. 1673. TECHNICAL AMENDMENTS. 

2 Section 15 of the Small Business Act (15 U.S.C. 644) 

3 is amended— 

4 (1) in the heading of subsection (p), to read as 

5 follows: ‘‘ACCESS TO DATA.—’’; and 

6 (2) in the heading of subsection (q), to read as 

7 follows: ‘‘REPORTS RELATED TO PROCUREMENT

8 CENTER REPRESENTATIVES.—’’. 

9 PART VII—INCREASED PENALTIES FOR FRAUD 

10 SEC. 1681. SAFE HARBOR FOR GOOD FAITH COMPLIANCE 

11 EFFORTS. 

12 (a) SMALL BUSINESS FRAUD.—Section 16(d) of the 

13 Small Business Act (15 U.S.C. 645(d)) is amended by in14 serting after paragraph (2) the following: 

15 ‘‘(3) LIMITATION ON LIABILITY.—This sub16 section shall not apply to any conduct in violation of 

17 subsection (a) if the defendant acted in reliance on 

18 a written advisory opinion from a licensed attorney 

19 who is not an employee of the defendant.’’. 

20 (b) REGULATIONS.—Not later than 270 days after 

21 the date of enactment of this part, the Administrator of 

22 the Small Business Administration shall issue rules defin23 ing what constitutes an adequate advisory opinion for pur24 poses of section 16(d)(3) of the Small Business Act. 

25 (c) SMALL BUSINESS COMPLIANCE GUIDE.—Not 

26 later than 270 days after the date of enactment of this 


smartinez on DSK6TPTVN1PROD with BILLS
905 

HR 4310 RFS

1 part, the Administrator of the Small Business Administra2 tion shall issue (pursuant to section 212 of the Small 

3 Business Regulatory Enforcement Fairness Act of 1996) 

4 a compliance guide to assist business concerns in accu5 rately determining their status as a small business con6 cern. 

7 SEC. 1682. OFFICE OF HEARINGS AND APPEALS. 

8 (a) CHIEF HEARING OFFICER.—Section 4(b)(1) of 

9 the Small Business Act is amended by adding at the end 

10 the following: ‘‘One shall be designated at the time of his 

11 or her appointment as the Chief Hearing Officer, who 

12 shall head and administer the Office of Hearings and Ap13 peals within the Administration.’’. 

14 (b) OFFICE OF HEARINGS AND APPEALS ESTAB15 LISHED IN ADMINISTRATION.—Section 5 of the Small 

16 Business Act (15 U.S.C. 634) is amended by adding at 

17 the end the following: 

18 ‘‘(i) OFFICE OF HEARINGS AND APPEALS.— 

19 ‘‘(1) IN GENERAL.—There is established in the 

20 Administration an Office of Hearings and Appeals— 

21 ‘‘(A) to impartially decide such matters, 

22 where Congress designates that a hearing on 

23 the record is required or which the Adminis24 trator designates by regulation or otherwise; 

25 and 


smartinez on DSK6TPTVN1PROD with BILLS
906 

HR 4310 RFS

1 ‘‘(B) which shall contain the Administra2 tion’s Freedom of Information/Privacy Acts Of3 fice. 

4 ‘‘(2) CHIEF HEARING OFFICER.—The Chief 

5 Hearing Officer shall be a career member of the 

6 Senior Executive Service and an attorney duly li7 censed by any State, commonwealth, territory, or the 

8 District of Columbia. 

9 ‘‘(A) DUTIES.—The Chief Hearing Officer 

10 shall— 

11 ‘‘(i) serve as the Chief Administrative 

12 Law Judge; and 

13 ‘‘(ii) be responsible for the operation 

14 and management of the Office of Hearings 

15 and Appeals, pursuant to the rules of prac16 tice established by the Administrator. 

17 ‘‘(B) ALTERNATIVE DISPUTE RESOLU18 TION.—The Chief Hearing Officer may also as19 sign a matter for mediation or other means of 

20 alternative dispute resolution. 

21 ‘‘(3) ADMINISTRATIVE LAW JUDGES.— 

22 ‘‘(A) IN GENERAL.—An administrative law 

23 judge shall be an attorney duly licensed by any 

24 State, commonwealth, territory, or the District 

25 of Columbia. 


smartinez on DSK6TPTVN1PROD with BILLS
907 

HR 4310 RFS

1 ‘‘(B) CONDITIONS OF EMPLOYMENT.—(i) 

2 An administrative law judge shall serve in the 

3 excepted service as an employee of the Adminis4 tration under section 2103 of title 5, United 

5 States Code, and under the supervision of the 

6 Chief Hearing Officer. 

7 ‘‘(ii) Administrative law judge positions 

8 shall be classified at Senior Level, as such term 

9 is defined in section 5376 of title 5, United 

10 States Code. 

11 ‘‘(iii) Compensation for administrative law 

12 judge positions shall be set in accordance with 

13 the pay rates of section 5376 of title 5, United 

14 States Code. 

15 ‘‘(C) TREATMENT OF CURRENT PER16 SONNEL.—An individual serving as a Judge in 

17 the Office of Hearings and Appeals (as that po18 sition and office are designated in section 

19 134.101 of title 13, Code of Federal Regula20 tions (as in effect on January 1, 2012)) on the 

21 effective date of this subsection shall be consid22 ered as qualified to be and redesignated as ad23 ministrative law judges. 

24 ‘‘(D) POWERS.—An administrative law 

25 judge shall have the authority to conduct hearVerDate Mar 15 2010 03:55 Jun 20, 2012 Jkt 019200 PO 00000 Frm 00907 Fmt 6652 Sfmt 6201 E:\BILLS\H4310.RFS H4310

smartinez on DSK6TPTVN1PROD with BILLS
908 

HR 4310 RFS

1 ings in accordance with sections 554, 556, and 

2 557 of title 5, United States Code.’’. 

3 SEC. 1683. REQUIREMENT FRAUDULENT BUSINESSES BE 

4 SUSPENDED OR DEBARRED. 

5 (a) IN GENERAL.—Section 16(d)(2)(C) of the Small 

6 Business Act (15 U.S.C. 645(d)(2)(C)) is amended by 

7 striking ‘‘on the basis that such misrepresentation indi8 cates a lack of business integrity that seriously and di9 rectly affects the present responsibility to perform any 

10 contract awarded by the Federal Government or a sub11 contract under such a contract’’. 

12 (b) REVISION TO FAR.—Not later than 270 days 

13 after the date of enactment of this part, the Federal Ac14 quisition Regulation shall be revised to implement the 

15 amendment made by this section. 

16 (c) DEVELOPMENT AND PROMULGATION OF GUID17 ANCE.—Not later than 270 days after the date of enact18 ment of this part, the Administrator of the Small Business 

19 Administration shall develop and promulgate guidance im20 plementing this section. 

21 (d) PUBLICATION OF PROCEDURES REGARDING SUS22 PENSION AND DEBARMENT.—Not later than 270 days 

23 after the date of enactment of this part, the Administrator 

24 shall publish on the Administration’s Web site the stand25 ard operating procedures for suspension and debarment 


smartinez on DSK6TPTVN1PROD with BILLS
909 

HR 4310 RFS

1 in effect, and the name and contact information for the 

2 individual designated by the Administrator as the senior 

3 individual responsible for suspension and debarment pro4 ceedings. 

5 SEC. 1684. ANNUAL REPORT ON SUSPENSIONS AND 

6 DEBARMENTS PROPOSED BY SMALL BUSI7 NESS ADMINISTRATION. 

8 (a) REPORT REQUIREMENT.—The Administrator of 

9 the Small Business Administration shall submit each year 

10 to the Committee on Small Business and Entrepreneur11 ship of the Senate, and the Committee on Small Business 

12 of the House of Representatives a report on the suspen13 sion and debarment actions taken by the Administrator 

14 during the year preceding the year of submission of the 

15 report. 

16 (b) MATTERS COVERED.—The report required by 

17 subsection (a) shall include the following information for 

18 the year covered by the report: 

19 (1) NUMBER.—The number of contractors pro20 posed for suspension or debarment. 

21 (2) SOURCE.—The office within a Federal 

22 agency that originated each proposal for suspension 

23 or debarment. 

24 (3) REASONS.—The reason for each proposal 

25 for suspension or debarment. 


smartinez on DSK6TPTVN1PROD with BILLS
910 

HR 4310 RFS

1 (4) RESULTS.—The result of each proposal for 

2 suspension or debarment, and the reason for such 

3 result. 

4 (5) REFERRALS.—The number of suspensions 

5 or debarments referred to the Inspector General of 

6 the Small Business Administration or another agen7 cy, or to the Attorney General (for purposes of this 

8 paragraph, the Administrator may redact identifying 

9 information on names of companies or other infor10 mation in order to protect the integrity of any ongo11 ing criminal or civil investigation). 

12 PART VIII—OFFICES OF SMALL AND 

13 DISADVANTAGED BUSINESS UNITS 

14 SEC. 1691. OFFICES OF SMALL AND DISADVANTAGED BUSI15 NESS UTILIZATION. 

16 (a) APPOINTMENT AND POSITION OF DIRECTOR.— 

17 Section 15(k)(2) of the Small Business Act (15 U.S.C. 

18 644(k)(2)) is amended by striking ‘‘such agency,’’ and in19 serting ‘‘such agency to a position that is a Senior Execu20 tive Service position (as such term is defined under section 

21 3132(a) of title 5, United States Code), except that, for 

22 any agency in which the positions of Chief Acquisition Of23 ficer and senior procurement executive (as such terms are 

24 defined under section 44(a) of this Act) are not Senior 

25 Executive Service positions, the Director of Small and DisVerDate Mar 15 2010 03:55 Jun 20, 2012 Jkt 019200 PO 00000 Frm 00910 Fmt 6652 Sfmt 6201 E:\BILLS\H4310.RFS H4310

smartinez on DSK6TPTVN1PROD with BILLS
911 

HR 4310 RFS

1 advantaged Business Utilization may be appointed to a 

2 position compensated at not less than the minimum rate 

3 of basic pay payable for grade GS–15 of the General 

4 Schedule under section 5332 of such title (including com5 parability payments under section 5304 of such title);’’. 

6 (b) PERFORMANCE APPRAISALS.—Section 15(k)(3) 

7 of such Act (15 U.S.C. 644(k)(3)) is amended— 

8 (1) by striking ‘‘be responsible only to, and re9 port directly to, the head’’ and inserting ‘‘shall be 

10 responsible only to (including with respect to per11 formance appraisals), and report directly and exclu12 sively to, the head’’; and 

13 (2) by striking ‘‘be responsible only to, and re14 port directly to, such Secretary’’ and inserting ‘‘be 

15 responsible only to (including with respect to per16 formance appraisals), and report directly and exclu17 sively to, such Secretary’’. 

18 (c) SMALL BUSINESS TECHNICAL ADVISERS.—Sec19 tion 15(k)(8)(B) of such Act (15 U.S.C. 644(k)(8)(B)) is 

20 amended— 

21 (1) by striking ‘‘and 15 of this Act,’’ and in22 serting ‘‘, 15, and 44 of this Act;’’; and 

23 (2) by inserting after ‘‘of this Act’’ the fol24 lowing: ‘‘(giving priority in assigning to small busi25 ness that are in metropolitan statistical areas for 


smartinez on DSK6TPTVN1PROD with BILLS
912 

HR 4310 RFS

1 which the unemployment rate is higher than the na2 tional average unemployment rate for the United 

3 States)’’. 

4 (d) ADDITIONAL REQUIREMENTS.—Section 15(k) of 

5 such Act (15 U.S.C. 644(k)) is amended by inserting after 

6 paragraph (10) the following: 

7 ‘‘(11) shall review and advise such agency on 

8 any decision to convert an activity performed by a 

9 small business concern to an activity performed by 

10 a Federal employee; 

11 ‘‘(12) shall provide to the Chief Acquisition Of12 ficer and senior procurement executive of such agen13 cy advice and comments on acquisition strategies, 

14 market research, and justifications related to section 

15 44 of this Act; 

16 ‘‘(13) may provide training to small business 

17 concerns and contract specialists, except that such 

18 training may only be provided to the extent that the 

19 training does not interfere with the Director car20 rying out other responsibilities under this subsection; 

21 ‘‘(14) shall receive unsolicited proposals and, 

22 when appropriate, forward such proposals to per23 sonnel of the activity responsible for reviewing such 

24 proposals; 


smartinez on DSK6TPTVN1PROD with BILLS
913 

HR 4310 RFS

1 ‘‘(15) shall carry out exclusively the duties enu2 merated in this Act, and shall, while the Director, 

3 not hold any other title, position, or responsibility, 

4 except as necessary to carry out responsibilities 

5 under this subsection; and 

6 ‘‘(16) shall submit, each fiscal year, to the 

7 Committee on Small Business of the House of Rep8 resentatives and the Committee on Small Business 

9 and Entrepreneurship of the Senate a report de10 scribing— 

11 ‘‘(A) the training provided by the Director 

12 under paragraph (13) in the most recently com13 pleted fiscal year; 

14 ‘‘(B) the percentage of the budget of the 

15 Director used for such training in the most re16 cently completed fiscal year; and 

17 ‘‘(C) the percentage of the budget of the 

18 Director used for travel in the most recently 

19 completed fiscal year.’’. 

20 (e) REQUIREMENT OF CONTRACTING EXPERIENCE

21 FOR OSDBU DIRECTOR.—Section 15(k) of the Small 

22 Business Act (15 U.S.C. 644(k)), as amended by this part, 

23 is further amended, in the matter preceding paragraph 

24 (1), by striking ‘‘who shall’’ and insert the following: ‘‘, 

25 with experience serving in any combination of the folVerDate Mar 15 2010 03:55 Jun 20, 2012 Jkt 019200 PO 00000 Frm 00913 Fmt 6652 Sfmt 6201 E:\BILLS\H4310.RFS H4310

smartinez on DSK6TPTVN1PROD with BILLS
914 

HR 4310 RFS

1 lowing roles: federal contracting officer, small business 

2 technical advisor, contracts administrator for federal gov3 ernment contracts, attorney specializing in federal pro4 curement law, small business liaison officer, officer or em5 ployee who managed federal government contracts for a 

6 small business, or individual whose primary responsibil7 ities were for the functions and duties of section 8, 15 

8 or 44 of this Act. Such officer or employee’’. 

9 (f) TECHNICAL AMENDMENTS.—Section 15(k) of 

10 such Act (15 U.S.C. 644(k)), as amended, is further 

11 amended— 

12 (1) in paragraph (1)— 

13 (A) by striking ‘‘be known’’ and inserting 

14 ‘‘shall be known’’; and 

15 (B) by striking ‘‘such agency,’’ and insert16 ing ‘‘such agency;’’; 

17 (2) in paragraph (2) by striking ‘‘be appointed 

18 by’’ and inserting ‘‘shall be appointed by’’; 

19 (3) in paragraph (3)— 

20 (A) by striking ‘‘director’’ and inserting 

21 ‘‘Director’’; and 

22 (B) by striking ‘‘Secretary’s designee,’’ and 

23 inserting ‘‘Secretary’s designee;’’; 

24 (4) in paragraph (4)— 


smartinez on DSK6TPTVN1PROD with BILLS
915 

HR 4310 RFS

1 (A) by striking ‘‘be responsible’’ and in2 serting ‘‘shall be responsible’’; and 

3 (B) by striking ‘‘such agency,’’ and insert4 ing ‘‘such agency;’’; 

5 (5) in paragraph (5) by striking ‘‘identify pro6 posed’’ and inserting ‘‘shall identify proposed’’; 

7 (6) in paragraph (6) by striking ‘‘assist small’’ 

8 and inserting ‘‘shall assist small’’; 

9 (7) in paragraph (7)— 

10 (A) by striking ‘‘have supervisory’’ and in11 serting ‘‘shall have supervisory’’; and 

12 (B) by striking ‘‘this Act,’’ and inserting 

13 ‘‘this Act;’’; 

14 (8) in paragraph (8)— 

15 (A) by striking ‘‘assign a’’ and inserting 

16 ‘‘shall assign a’’; and 

17 (B) in subparagraph (A), by striking ‘‘the 

18 activity, and’’ and inserting ‘‘the activity; and’’; 

19 (9) in paragraph (9)— 

20 (A) by striking ‘‘cooperate, and’’ and in21 serting ‘‘shall cooperate, and’’; and 

22 (B) by striking ‘‘subsection, and’’ and in23 serting ‘‘subsection;’’; and 

24 (10) in paragraph (10)— 


smartinez on DSK6TPTVN1PROD with BILLS
916 

HR 4310 RFS

1 (A) by striking ‘‘make recommendations’’ 

2 and inserting ‘‘shall make recommendations’’; 

3 (B) by striking ‘‘subsection (a), or section’’ 

4 and inserting ‘‘subsection (a), section’’; 

5 (C) by striking ‘‘Act or section 2323’’ and 

6 inserting ‘‘Act, or section 2323’’; 

7 (D) by striking ‘‘Code. Such recommenda8 tions shall’’ and inserting ‘‘Code, which shall’’; 

9 and 

10 (E) by striking ‘‘contract file.’’ and insert11 ing ‘‘contract file;’’. 

12 SEC. 1692. SMALL BUSINESS PROCUREMENT ADVISORY 

13 COUNCIL. 

14 (a) DUTIES.—Section 7104(b) of the Federal Acqui15 sition Streamlining Act of 1994 (15 U.S.C. 644 note) is 

16 amended— 

17 (1) in paragraph (1) by striking ‘‘and’’ at the 

18 end; 

19 (2) in paragraph (2) by striking ‘‘authorities.’’ 

20 and inserting ‘‘authorities;’’; and 

21 (3) by adding at the end the following: 

22 ‘‘(3) to conduct reviews of each Office of Small 

23 and Disadvantaged Business Utilization established 

24 under section 15(k) of the Small Business Act (15 


smartinez on DSK6TPTVN1PROD with BILLS
917 

HR 4310 RFS

1 U.S.C. 644(k)) to determine the compliance of each 

2 Office with requirements under such section; 

3 ‘‘(4) to identify best practices for maximizing 

4 small business utilization in Federal contracting that 

5 may be implemented by Federal agencies having pro6 curement powers; and 

7 ‘‘(5) to submit, annually, to the Committee on 

8 Small Business of the House of Representatives and 

9 the Committee on Small Business and Entrepre10 neurship of the Senate a report describing— 

11 ‘‘(A) the comments submitted under para12 graph (2) during the 1-year period ending on 

13 the date on which the report is submitted, in14 cluding any outcomes related to the comments; 

15 ‘‘(B) the results of reviews conducted 

16 under paragraph (3) during such 1-year period; 

17 and 

18 ‘‘(C) best practices identified under para19 graph (4) during such 1-year period.’’. 

20 (b) MEMBERSHIP.—Section 7104(c)(3) of such Act 

21 (15 U.S.C. 644 note) is amended by striking ‘‘(established 

22 under section 15(k) of the Small Business Act (15 U.S.C. 

23 644(k))’’. 

24 (c) CHAIRMAN.—Section 7104(d) of such Act (15 

25 U.S.C. 644 note) is amended by inserting after ‘‘Small 


smartinez on DSK6TPTVN1PROD with BILLS
918 

HR 4310 RFS

1 Business Administration’’ the following: ‘‘(or the designee 

2 of the Administrator)’’. 

3 PART IX—EARLY STAGE SMALL BUSINESS 

4 CONTRACTING 

5 SEC. 1693a. PROGRAM TO PROVIDE FEDERAL CONTRACTS 

6 TO EARLY STAGE SMALL BUSINESSES. 

7 (a) IN GENERAL.—The Small Business Act (15 

8 U.S.C. 631 et seq.) is amended by adding at the end the 

9 following: 

10 ‘‘SEC. 46. PROGRAM TO PROVIDE FEDERAL CONTRACTS TO 

11 EARLY STAGE SMALL BUSINESSES. 

12 ‘‘(a) ESTABLISHMENT.—The Administrator shall es13 tablish and carry out a program in accordance with the 

14 requirements of this section to provide improved access to 

15 Federal contract opportunities for early stage small busi16 ness concerns. 

17 ‘‘(b) PROCUREMENT CONTRACTS.— 

18 ‘‘(1) IN GENERAL.—In carrying out subsection 

19 (a), the Administrator, in consultation with other 

20 Federal agencies, shall identify procurement con21 tracts of Federal agencies for award under the pro22 gram. 

23 ‘‘(2) CONTRACT AWARDS.—Under the program 

24 established pursuant to this section, the award of a 

25 procurement contract of a Federal agency identified 


smartinez on DSK6TPTVN1PROD with BILLS
919 

HR 4310 RFS

1 by the Administrator pursuant to paragraph (1) 

2 shall be made by the agency to an eligible program 

3 participant selected, and determined to be respon4 sible, by the agency. 

5 ‘‘(3) COMPETITION.— 

6 ‘‘(A) SOLE SOURCE.—A contracting officer 

7 may award a sole source contract under this 

8 program if such concern is determined to be a 

9 responsible contractor with respect to perform10 ance of such contract opportunity and the con11 tracting officer does not have a reasonable ex12 pectation that 2 or more early stage small busi13 ness concerns will submit offers for the con14 tracting opportunity and in the estimation of 

15 the contracting officer, the contract award can 

16 be made at a fair and reasonable price. 

17 ‘‘(B) RESTRICTED COMPETITION.—A con18 tracting officer may award contracts on the 

19 basis of competition restricted to early stage 

20 small business concerns if the contracting offi21 cer has a reasonable expectation that not less 

22 than 2 early stage small business concerns will 

23 submit offers and that the award can be made 

24 at a fair market price. 


smartinez on DSK6TPTVN1PROD with BILLS
920 

HR 4310 RFS

1 ‘‘(4) CONTRACT VALUE.—Contracts shall be 

2 awarded under this program if its value is greater 

3 than $3,000 and less than half the upper threshold 

4 of section 15(j)(1) of the Small Business Act. 

5 ‘‘(c) ELIGIBILITY.—Only an early stage small busi6 ness concern shall be eligible to compete for a contract 

7 to be awarded under the program. The Administrator shall 

8 certify that a small business concern is an early stage 

9 small business concern, or the Administrator shall approve 

10 a Federal agency, a State government, or a national certi11 fying entity to certify that the business meets the eligi12 bility criteria of an early stage small business concern. 

13 ‘‘(d) TECHNICAL ASSISTANCE.—The Administrator 

14 shall provide early stage small business concerns with 

15 technical assistance and counseling with regard to— 

16 ‘‘(1) applying for and competing for Federal 

17 contracts; and 

18 ‘‘(2) fulfilling the administrative responsibilities 

19 associated with the performance of a Federal con20 tract. 

21 ‘‘(e) ATTAINMENT OF CONTRACT GOALS.—All con22 tract awards made under the program shall be counted 

23 toward the attainment of the goals specified in section 

24 15(g) of the Small Business Act. 

25 ‘‘(f) REGULATIONS.—The Administrator shall— 


smartinez on DSK6TPTVN1PROD with BILLS
921 

HR 4310 RFS

1 ‘‘(1) issue proposed regulations to carry out 

2 this section not later than 180 days after the date 

3 of enactment of this Act; and 

4 ‘‘(2) issue final regulations to carry out this 

5 section not later than 270 days after the date of en6 actment of this Act. 

7 ‘‘(g) REPORT TO CONGRESS.—Not later than April 

8 30, 2015, the Administrator shall transmit to the Con9 gress a report on the performance of the program. 

10 ‘‘(h) DEFINITIONS.—For purposes of this section, the 

11 following definitions shall apply: 

12 ‘‘(1) PROGRAM.—The term ‘program’ means a 

13 program established pursuant to subsection (a). 

14 ‘‘(2) EARLY STAGE SMALL BUSINESS CON15 CERN.—The term ‘early stage small business con16 cern’ means a small business concern that— 

17 ‘‘(A) has not more than 15 employees; and 

18 ‘‘(B) has average annual receipts that total 

19 not more than $1,000,000, except if the con20 cern is in an industry with an average annual 

21 revenue standard that is less than $1,000,000, 

22 as defined by the North American Industry 

23 Classification System.’’. 

24 (b) REPEAL OF SIMILAR PROGRAM.—Section 304 of 

25 the Small Business Administration Reauthorization and 


smartinez on DSK6TPTVN1PROD with BILLS
922 

HR 4310 RFS

1 Amendments Act of 1994 (15 U.S.C. 644 note) is re2 pealed. 

3 PART X—OTHER MATTERS 

4 SEC. 1695. SURETY BONDS. 

5 (a) MAXIMUM BOND AMOUNT.—Section 411(a)(1) of 

6 the Small Business Investment Act of 1958 (15 U.S.C. 

7 694b(a)(1)) is amended— 

8 (1) by inserting ‘‘(A)’’ after ‘‘(1)’’; 

9 (2) by striking ‘‘$2,000,000’’ and inserting 

10 ‘‘$6,500,000, as adjusted for inflation in accordance 

11 with section 1908 of title 41, United States Code,’’; 

12 and 

13 (3) by adding at the end the following: 

14 ‘‘(B) The Administrator may guarantee a surety 

15 under subparagraph (A) for a total work order or contract 

16 amount that does not exceed $10,000,000, if a contracting 

17 officer of a Federal agency certifies that such a guarantee 

18 is necessary.’’. 

19 (b) DENIAL OF LIABILITY.—Section 411 of the Small 

20 Business Investment Act of 1958 (15 U.S.C. 694b) is 

21 amended— 

22 (1) by striking subsection (e) and inserting the 

23 following: 

24 ‘‘(e) REIMBURSEMENT OF SURETY; CONDITIONS.— 

25 Pursuant to any such guarantee or agreement, the AdminVerDate Mar 15 2010 03:55 Jun 20, 2012 Jkt 019200 PO 00000 Frm 00922 Fmt 6652 Sfmt 6201 E:\BILLS\H4310.RFS H4310

smartinez on DSK6TPTVN1PROD with BILLS
923 

HR 4310 RFS

1 istration shall reimburse the surety, as provided in sub2 section (c) of this section, except that the Administration 

3 shall be relieved of liability (in whole or in part within 

4 the discretion of the Administration) if— 

5 ‘‘(1) the surety obtained such guarantee or 

6 agreement, or applied for such reimbursement, by 

7 fraud or material misrepresentation, 

8 ‘‘(2) the total contract amount at the time of 

9 execution of the bond or bonds exceeds $6,500,000, 

10 ‘‘(3) the surety has breached a material term or 

11 condition of such guarantee agreement, or 

12 ‘‘(4) the surety has substantially violated the 

13 regulations promulgated by the Administration pur14 suant to subsection (d).’’; and 

15 (2) by adding at the end the following: 

16 ‘‘(j) For bonds made or executed with the prior ap17 proval of the Administration, the Administration shall not 

18 deny liability to a surety based upon material information 

19 that was provided as part of the guaranty application.’’. 

20 (c) SIZE STANDARDS.—Section 410 of the Small 

21 Business Investment Act of 1958 (15 U.S.C. 694a) is 

22 amended by adding at the end the following: 

23 ‘‘(9) Notwithstanding any other provision of law or 

24 any rule, regulation, or order of the Administration, for 

25 purpose of sections 410, 411, and 412 the term ‘small 


smartinez on DSK6TPTVN1PROD with BILLS
924 

HR 4310 RFS

1 business concern’ means a business concern that meets the 

2 size standard for the primary industry in which such busi3 ness concern, and the affiliates of such business concern, 

4 is engaged, as determined by the Administrator in accord5 ance with the North American Industry Classification Sys6 tem.’’. 

7 SEC. 1696. ASSESSMENT OF OUTREACH FOR SMALL BUSI8 NESS CONCERNS OWNED AND CONTROLLED 

9 BY WOMEN AND MINORITIES REQUIRED BE10 FORE CONVERSION OF CERTAIN FUNCTIONS 

11 TO CONTRACTOR PERFORMANCE. 

12 No Department of Defense function that is per13 formed by Department of Defense civilian employees and 

14 is tied to a certain military base may be converted to per15 formance by a contractor until the Secretary of Defense 

16 conducts an assessment to determine if the Department 

17 of Defense has carried out sufficient outreach programs 

18 to assist small business concerns owned and controlled by 

19 women (as such term is defined in section 8(d)(3)(D) of 

20 the Small Business Act) and small business concerns 

21 owned and controlled by socially and economically dis22 advantaged individuals (as such term is defined in section 

23 8(d)(3)(C) of the Small Business Act) that are located in 

24 the geographic area near the military base. 


smartinez on DSK6TPTVN1PROD with BILLS
925 

HR 4310 RFS

1 SEC. 1697. LIMITATION ON CONTRACTING. 

2 No agency may enter into a contract using proce3 dures that do not give to small business concerns owned 

4 and controlled by veterans (as that term is defined in sec5 tion 3(q)(3) of the Small Business Act (15 U.S.C. 

6 632(q)(3)) that are included in the database under section 

7 8127(f) of title 38, United States Code, any preference 

8 available with respect to such contract, except for a pref9 erence given to small business concerns owned and con10 trolled by service-disabled veterans (as that term defined 

11 in section 3(q)(2) of the Small Business Act (15 U.S.C. 

12 632(q)(2)). 

13 TITLE XVII—END TRAFFICKING 

14 IN GOVERNMENT CONTRACTING 

15 SEC. 1701. SHORT TITLE. 

16 This title may be cited as the ‘‘End Trafficking in 

17 Government Contracting Act of 2012’’. 

18 SEC. 1702. DEFINITIONS. 

19 In this title: 

20 (1) EXECUTIVE AGENCY.—The term ‘‘executive 

21 agency’’ has the meaning given the term in section 

22 133 of title 41, United States Code. 

23 (2) SUBCONTRACTOR.—The term ‘‘subcon24 tractor’’ means a recipient of a contract at any tier 

25 under a grant, contract, or cooperative agreement. 


smartinez on DSK6TPTVN1PROD with BILLS
926 

HR 4310 RFS

1 (3) SUBGRANTEE.—The term ‘‘subgrantee’’ 

2 means a recipient of a grant at any tier under a 

3 grant or cooperative agreement. 

4 (4) UNITED STATES.—The term ‘‘United 

5 States’’ has the meaning provided in section 103(12) 

6 of the Trafficking Victims Protection Act of 2000 

7 (22 U.S.C. 7102(12)). 

8 SEC. 1703. CONTRACTING REQUIREMENTS. 

9 Section 106(g) of the Trafficking Victims Protection 

10 Act of 2000 (22 U.S.C. 7104(g)) is amended by striking 

11 ‘‘if the grantee or any subgrantee,’’ and all that follows 

12 through the period at the end and inserting the following: 

13 ′′or take any of the other remedial actions authorized 

14 under section 1705(c) of the End Trafficking in Govern15 ment Contracting Act of 2012, if the grantee or any sub16 grantee, or the contractor or any subcontractor, engages 

17 in, or uses labor recruiters, brokers, or other agents who 

18 engage in, (i) severe forms of trafficking in persons, (ii) 

19 the procurement of a commercial sex act during the period 

20 of time that the grant, contract, or cooperative agreement 

21 is in effect, (iii) the use of forced labor in the performance 

22 of the grant, contract, or cooperative agreement, or (iv) 

23 acts that directly support or advance trafficking in per24 sons, including the following acts: 


smartinez on DSK6TPTVN1PROD with BILLS
927 

HR 4310 RFS

1 ‘‘(1) Destroying, concealing, removing, or con2 fiscating an employee’s immigration documents with3 out the employee’s consent. 

4 ‘‘(2) Failing to repatriate an employee upon the 

5 end of employment, unless— 

6 ‘‘(A) exempted from the duty to repatriate 

7 the employee by the Federal department or 

8 agency providing or entering into the grant, 

9 contract, or cooperative agreement; or 

10 ‘‘(B) the employee is a victim of human 

11 trafficking seeking victim services or legal re12 dress in the country of employment or a witness 

13 in a human trafficking enforcement action. 

14 ‘‘(3) Soliciting a person for the purpose of em15 ployment, or offering employment, by means of ma16 terially false or fraudulent pretenses, representa17 tions, or promises regarding that employment. 

18 ‘‘(4) Charging recruited employees exorbitant 

19 placement fees, such as fees equal to or greater than 

20 the employee’s monthly salary, or recruitment fees 

21 that violate the laws of the country from which an 

22 employee is recruited. 

23 ‘‘(5) Providing inhumane living conditions.’’. 


smartinez on DSK6TPTVN1PROD with BILLS
928 

HR 4310 RFS

1 SEC. 1704. COMPLIANCE PLAN AND CERTIFICATION RE2 QUIREMENT. 

3 (a) REQUIREMENT.—The head of an executive agen4 cy may not provide or enter into a grant, contract, or coop5 erative agreement valued at $1,000,000 or more if per6 formance will substantially be conducted overseas, unless 

7 a duly designated representative of the recipient of such 

8 grant, contract, or cooperative agreement certifies to the 

9 contracting or grant officer prior to receiving an award 

10 and on an annual basis thereafter, after having conducted 

11 due diligence, that— 

12 (1) the recipient has implemented a plan to pre13 vent the activities described in section 106(g) of the 

14 Trafficking Victims Protection Act of 2000 (22 

15 U.S.C. 7104(g)), as amended by section 1703, and 

16 is in compliance with that plan; 

17 (2) the recipient has implemented procedures to 

18 prevent any activities described in such section 

19 106(g) and to monitor, detect, and terminate any 

20 subcontractor, subgrantee, or employee of the recipi21 ent engaging in any activities described in such sec22 tion; and 

23 (3) to the best of the representative’s knowl24 edge, neither the recipient, nor any subcontractor or 

25 subgrantee of the recipient or any agent of the re26 cipient or of such a subcontractor or subgrantee, is 


smartinez on DSK6TPTVN1PROD with BILLS
929 

HR 4310 RFS

1 engaged in any of the activities described in such 

2 section. 

3 (b) LIMITATION.—Any plan or procedures imple4 mented pursuant to subsection (a) shall be appropriate to 

5 the size and complexity of the grant, contract, or coopera6 tive agreement and to the nature and scope of its activi7 ties, including the number of non-United States citizens 

8 expected to be employed. 

9 (c) DISCLOSURE.—The recipient shall provide a copy 

10 of the plan to the contracting or grant officer upon re11 quest, and, as appropriate, shall post the useful and rel12 evant contents of the plan or related materials on its 

13 website and at the workplace. 

14 (d) PERFORMANCE SUBSTANTIALLY OVERSEAS.— 

15 For purposes of subsection (a), a grant, contract, or coop16 erative agreement shall be considered to be performed sub17 stantially overseas if the estimated value of the services 

18 required to be performed under the grant, contract, or co19 operative agreement outside the United States exceeds 

20 $500,000. 

21 SEC. 1705. MONITORING AND INVESTIGATION OF TRAF22 FICKING IN PERSONS. 

23 (a) INVESTIGATION.—If the contracting or grant offi24 cer of an executive agency for a grant, contract, or cooper25 ative agreement receives credible evidence that a recipient 


smartinez on DSK6TPTVN1PROD with BILLS
930 

HR 4310 RFS

1 of the grant, contract, or cooperative agreement; any sub2 grantee or subcontractor of the recipient; or any agent of 

3 the recipient or of such a subgrantee or subcontractor, has 

4 engaged in an activity described in section 106(g) of the 

5 Trafficking Victims Protection Act of 2000 (22 U.S.C. 

6 7104(g)), as amended by section 1703, including a report 

7 from a contracting officer representative, an inspector 

8 general, an auditor, an alleged victim or victim’s rep9 resentative, or any other credible source, the contracting 

10 or grant officer shall, before exercising any option to 

11 renew such grant, contract, or cooperative agreement, re12 quest that the agency’s Office of Inspector General imme13 diately initiate an investigation of the allegation or allega14 tions contained in the report. If the agency’s Office of In15 spector General is unable to conduct a timely investiga16 tion, the suspension and debarment office or another in17 vestigative unit of the agency shall conduct the investiga18 tion. 

19 (b) REPORT.—Upon completion of an investigation 

20 under subsection (a), the office or unit that conducted the 

21 investigation shall submit to the contracting or grant offi22 cer and, if such investigation was not conducted by the 

23 agency’s Office of Inspector General, to the agency’s Of24 fice of Inspector General, a report on the investigation, 

25 including conclusions about whether credible evidence exVerDate Mar 15 2010 03:55 Jun 20, 2012 Jkt 019200 PO 00000 Frm 00930 Fmt 6652 Sfmt 6201 E:\BILLS\H4310.RFS H4310

smartinez on DSK6TPTVN1PROD with BILLS
931 

HR 4310 RFS

1 ists that the recipient of a grant, contract, or cooperative 

2 agreement; any subcontractor or subgrantee of the recipi3 ent; or any agent of the recipient or of such a subcon4 tractor or subgrantee, engaged in any of the activities de5 scribed in section 106(g) of the Trafficking Victims Pro6 tection Act of 2000 (22 U.S.C. 7104(g)), as amended by 

7 section 1703. 

8 (c) REMEDIAL ACTIONS.— 

9 (1) IN GENERAL.—If a contracting or grant of10 ficial determines that a recipient of a grant, con11 tract, or cooperative agreement, or any subcon12 tractor or subgrantee of the recipient, has engaged 

13 in any of the activities described in such section 

14 106(g), the contracting or grant officer shall con15 sider taking one or more of the following remedial 

16 actions: 

17 (A) Requiring the recipient to remove an 

18 employee from the performance of work under 

19 the grant, contract, or cooperative agreement. 

20 (B) Requiring the recipient to terminate a 

21 subcontract or subgrant. 

22 (C) Suspending payments under the grant, 

23 contract, or cooperative agreement. 

24 (D) Withholding award fees, consistent 

25 with the award fee plan, for the performance 


smartinez on DSK6TPTVN1PROD with BILLS
932 

HR 4310 RFS

1 period in which the agency determined the con2 tractor or subcontractor engaged in any of the 

3 activities described in such section 106(g). 

4 (E) Declining to exercise available options 

5 under the contract. 

6 (F) Terminating the contract for default 

7 or cause, in accordance with the termination 

8 clause for the contract. 

9 (G) Referring the matter to the agency 

10 suspension and debarment official. 

11 (H) Referring the matter to the Depart12 ment of Justice for prosecution under any ap13 plicable law. 

14 (2) SAVINGS CLAUSE.—Nothing in this sub15 section shall be construed as limiting the scope of 

16 applicable remedies available to the Federal Govern17 ment. 

18 (3) MITIGATING FACTOR.—Where applicable, 

19 the contracting or grant official may consider wheth20 er the contractor or grantee had a plan in place 

21 under section 1704, and was in compliance with that 

22 plan at the time of the violation, as a mitigating fac23 tor in determining which remedies, if any, should 

24 apply. 


smartinez on DSK6TPTVN1PROD with BILLS
933 

HR 4310 RFS

1 (d) INCLUSION OF REPORT CONCLUSIONS IN

2 FAPIIS.—The contracting or grant officer shall ensure 

3 that relevant findings contained in the report under sub4 section (b) are included in the Federal Awardee Perform5 ance and Integrity Information System (FAPIIS). These 

6 findings shall be considered relevant past performance 

7 data for the purpose of awarding future contracts, grants, 

8 or cooperative agreements. 

9 SEC. 1706. NOTIFICATION TO INSPECTORS GENERAL AND 

10 COOPERATION WITH GOVERNMENT. 

11 The head of an executive agency making or awarding 

12 a grant, contract, or cooperative agreement shall require 

13 that the recipient of the grant, contract, or cooperative 

14 agreement— 

15 (1) immediately inform the Inspector General of 

16 the executive agency of any information it receives 

17 from any source that alleges credible evidence that 

18 the recipient; any subcontractor or subgrantee of the 

19 recipient; or any agent of the recipient or of such a 

20 subcontractor or subgrantee, has engaged in conduct 

21 described in section 106(g) of the Trafficking in Vic22 tims Protection Act of 2000 (22 U.S.C. 7104(g)), as 

23 amended by section 1703; and 


smartinez on DSK6TPTVN1PROD with BILLS
934 

HR 4310 RFS

1 (2) fully cooperate with any Federal agencies 

2 responsible for audits, investigations, or corrective 

3 actions relating to trafficking in persons. 

4 SEC. 1707. EXPANSION OF FRAUD IN FOREIGN LABOR CON5 TRACTING TO INCLUDE WORK OUTSIDE THE 

6 UNITED STATES. 

7 Section 1351 of title 18, United States Code, is 

8 amended— 

9 (1) by striking ‘‘whoever knowingly’’ and insert10 ing ‘‘(a) WORK INSIDE THE UNITED STATES.—Who11 ever knowingly’’; and 

12 (2) by adding at the end the following new sub13 section: 

14 ‘‘(b) WORK OUTSIDE THE UNITED STATES.—Who15 ever knowingly and with intent to defraud recruits, solic16 its, or hires a person outside the United States or causes 

17 another person to recruit, solicit, or hire a person outside 

18 the United States, or attempts to do so, for purposes of 

19 work performed on a United States Government contract 

20 performed outside the United States, or on a United 

21 States military installation or mission or other property 

22 or premises owned or controlled by the United States Gov23 ernment, by means of materially false or fraudulent pre24 tenses, representations, or promises regarding that emVerDate Mar 15 2010 03:55 Jun 20, 2012 Jkt 019200 PO 00000 Frm 00934 Fmt 6652 Sfmt 6201 E:\BILLS\H4310.RFS H4310

smartinez on DSK6TPTVN1PROD with BILLS
935 

HR 4310 RFS

1 ployment, shall be fined under this title or imprisoned for 

2 not more than 5 years, or both.’’. 

3 SEC. 1708. IMPROVING DEPARTMENT OF DEFENSE AC4 COUNTABILITY FOR REPORTING TRAF5 FICKING IN PERSONS CLAIMS AND VIOLA6 TIONS. 

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 (iii), by inserting ‘‘and’’ at the end 

11 after the semicolon; and 

12 (2) by adding at the end the following new 

13 clause: 

14 ‘‘(iv) all trafficking in persons activities of contrac15 tors reported to the Under Secretary of Defense for Acqui16 sition, Technology, and Logistics;’’. 

17 SEC. 1709. RULE OF CONSTRUCTION. 

18 Excluding section 1707, nothing in this title shall be 

19 construed to supersede, enlarge, or diminish the common 

20 law or statutory liabilities of any grantee, subgrantee, con21 tractor, subcontractor, or other party covered by section 

22 106(g) of the Trafficking Victims Protection Act of 2000 

23 (22 U.S.C. 7104(g)), as amended by section 1703. 


smartinez on DSK6TPTVN1PROD with BILLS
936 

HR 4310 RFS

1 DIVISION B—MILITARY CON2 STRUCTION AUTHORIZA3 TIONS 

4 SEC. 2001. SHORT TITLE. 

5 This division may be cited as the ‘‘Military Construc6 tion Authorization Act for Fiscal Year 2013’’. 

7 SEC. 2002. EXPIRATION OF AUTHORIZATIONS AND 

8 AMOUNTS REQUIRED TO BE SPECIFIED BY 

9 LAW. 

10 (a) EXPIRATION OF AUTHORIZATIONS AFTER THREE

11 YEARS.—Except as provided in subsection (b), all author12 izations contained in titles XXI through XXVII and title 

13 XXIX for military construction projects, land acquisition, 

14 family housing projects and facilities, and contributions to 

15 the North Atlantic Treaty Organization Security Invest16 ment Program (and authorizations of appropriations 

17 therefor) shall expire on the later of— 

18 (1) October 1, 2015; or 

19 (2) the date of the enactment of an Act author20 izing funds for military construction for fiscal year 

21 2016. 

22 (b) EXCEPTION.—Subsection (a) shall not apply to 

23 authorizations for military construction projects, land ac24 quisition, family housing projects and facilities, and con25 tributions to the North Atlantic Treaty Organization SeVerDate Mar 15 2010 03:55 Jun 20, 2012 Jkt 019200 PO 00000 Frm 00936 Fmt 6652 Sfmt 6201 E:\BILLS\H4310.RFS H4310

smartinez on DSK6TPTVN1PROD with BILLS
937 

HR 4310 RFS

1 curity Investment Program (and authorizations of appro2 priations therefor), for which appropriated funds have 

3 been obligated before the later of— 

4 (1) October 1, 2015; or 

5 (2) the date of the enactment of an Act author6 izing funds for fiscal year 2016 for military con7 struction projects, land acquisition, family housing 

8 projects and facilities, or contributions to the North 

9 Atlantic Treaty Organization Security Investment 

10 Program. 

11 SEC. 2003. EFFECTIVE DATE. 

12 Titles XXI through XXVII and title XXIX shall take 

13 effect on the later of— 

14 (1) October 1, 2012; or 

15 (2) the date of the enactment of this Act. 

16 TITLE XXI—ARMY MILITARY 

17 CONSTRUCTION 

18 SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND 

19 ACQUISITION PROJECTS. 

20 (a) INSIDE THE UNITED STATES.—Using amounts 

21 appropriated pursuant to the authorization of appropria22 tions in section 2103 and available for military construc23 tion projects inside the United States as specified in the 

24 funding table in section 4601, the Secretary of the Army 

25 may acquire real property and carry out military construcVerDate Mar 15 2010 03:55 Jun 20, 2012 Jkt 019200 PO 00000 Frm 00937 Fmt 6652 Sfmt 6201 E:\BILLS\H4310.RFS H4310

smartinez on DSK6TPTVN1PROD with BILLS
938 

HR 4310 RFS

1 tion projects for the installations or locations inside the 

2 United States, and in the amounts, set forth in the fol3 lowing 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 ............................................... $52,000,000 

District of Columbia Fort McNair .............................................. $7,200,000 

Georgia .................... Fort Benning ............................................. $16,000,000 

Fort Gordon ............................................... $23,300,000 

Fort Stewart .............................................. $49,650,000 

Hawaii ...................... Pohakuloa Training 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 

U.S. Military Academy .............................. $192,000,000 

North Carolina ......... Fort Bragg ................................................. $98,000,000 

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 

Joint Base San Antonio ............................. $21,000,000 

Virginia .................... Arlington .................................................... $84,000,000 

Fort Belvoir ............................................... $94,000,000 

Fort Lee ..................................................... $81,000,000 

Washington .............. Joint Base Lewis-McChord ........................ $164,000,000 

Yakima ....................................................... $5,100,000 

4 (b) OUTSIDE THE UNITED STATES.—Using amounts 

5 appropriated pursuant to the authorization of appropria6 tions in section 2103 and available for military construc7 tion projects outside the United States as specified in the 

8 funding table in section 4601, the Secretary of the Army 

9 may acquire real property and carry out military construc10 tion projects for the installations or locations outside the 


smartinez on DSK6TPTVN1PROD with BILLS
939 

HR 4310 RFS

1 United States, and in the amounts, set forth in the fol2 lowing 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 

Kwajalein Atoll ........... Kwajalein Atoll .......................................... $62,000,000 

3 SEC. 2102. FAMILY HOUSING. 

4 Using amounts appropriated pursuant to the author5 ization of appropriations in section 2103 and available for 

6 military family housing functions as specified in the fund7 ing table in section 4601 the Secretary of the Army may 

8 carry out architectural and engineering services and con9 struction design activities with respect to the construction 

10 or improvement of family housing units in an amount not 

11 to exceed $4,641,000. 

12 SEC. 2103. AUTHORIZATION OF APPROPRIATIONS, ARMY. 

13 Funds are hereby authorized to be appropriated for 

14 fiscal years beginning after September 30, 2012, for mili15 tary construction, land acquisition, and military family 

16 housing functions of the Department of the Army as speci17 fied in the funding table in section 4601. 

18 SEC. 2104. MODIFICATION OF AUTHORITY TO CARRY OUT 

19 CERTAIN FISCAL YEAR 2010 PROJECT. 

20 In the case of the authorization contained in the table 

21 in section 2101(a) of the Military Construction AuthorizaVerDate Mar 15 2010 03:55 Jun 20, 2012 Jkt 019200 PO 00000 Frm 00939 Fmt 6652 Sfmt 6201 E:\BILLS\H4310.RFS H4310

smartinez on DSK6TPTVN1PROD with BILLS
940 

HR 4310 RFS

1 tion Act for Fiscal Year 2010 (division B of Public Law 

2 111–84; 123 Stat. 2628) for Fort Belvoir, Virginia, for 

3 construction of a Road and Access Control Point at the 

4 installation, the Secretary of the Army may construct a 

5 standard design Access Control Point consistent with the 

6 Army’s construction guidelines for Access Control Points. 

7 SEC. 2105. EXTENSION OF AUTHORIZATIONS OF CERTAIN 

8 FISCAL YEAR 2009 PROJECTS. 

9 (a) EXTENSION.—Notwithstanding section 2002 of 

10 the Military Construction Authorization Act for Fiscal 

11 Year 2009 (division B of Public Law 110–417; 122 Stat. 

12 4658), authorizations set forth in the table in subsection 

13 (b), as provided in section 2101 of that Act (122 Stat. 

14 4659), shall remain in effect until October 1, 2013, or the 

15 date of the enactment of an Act authorizing funds for mili16 tary construction for fiscal year 2014, whichever is later. 

17 (b) TABLE.—The table referred to in subsection (a) 

18 is as follows: 

Army: Extension of 2009 Project Authorizations 

State Installation or 

Location Project Amount 

Alabama .......... Anniston Army 

Depot.

Lake Yard Interchange .... $1,400,000 

New Jersey ...... Picatinny Arsenal .. Ballistic Evaluation Facility Phase I .................... $9,900,000 


smartinez on DSK6TPTVN1PROD with BILLS
941 

HR 4310 RFS

1 SEC. 2106. EXTENSION OF AUTHORIZATIONS OF CERTAIN 

2 FISCAL YEAR 2010 PROJECTS. 

3 (a) EXTENSION.—Notwithstanding section 2002 of 

4 the Military Construction Authorization Act for Fiscal 

5 Year 2010 (division B of Public Law 111–84; 123 Stat. 

6 2627), authorizations set forth in the table in subsection 

7 (b), as provided in section 2101 of that Act (123 Stat. 

8 2628), shall remain in effect until October 1, 2013, or the 

9 date of the enactment of an Act authorizing funds for mili10 tary construction for fiscal year 2014, whichever is later. 

11 (b) TABLE.—The table referred to in subsection (a) 

12 is as follows: 

Army: Extension of 2010 Project Authorizations 

State Installation or 

Location Project Amount 

Louisiana .......... Fort Polk ......... Land Purchases and Condemnation ...................... $17,000,000 

New Jersey ....... Picatinny Arsenal ................ Ballistic Evaluation Facility Phase 2 .................... $10,200,000 

Virginia ............ Fort Belvoir ..... Road and Access Control 

Point .............................. $9,500,000 

Washington ...... Fort Lewis ....... Fort Lewis-McChord AFB 

Joint Access .................. $9,000,000 

Kuwait .............. Kuwait ............. APS Warehouses ............... $82,000,000 

13 SEC. 2107. EXTENSION OF LIMITATION ON OBLIGATION OR 

14 EXPENDITURE OF FUNDS FOR TOUR NOR15 MALIZATION. 

16 Section 2111 of the Military Construction Authoriza17 tion Act for Fiscal Year 2012 (division B of Public Law 

18 112–81; 125 Stat. 1665) is amended in the matter pre19 ceding paragraph (1) by inserting after ‘‘under this Act’’ 


smartinez on DSK6TPTVN1PROD with BILLS
942 

HR 4310 RFS

1 the following: ‘‘or an Act authorizing funds for military 

2 construction for fiscal year 2013’’. 

3 TITLE XXII—NAVY MILITARY 

4 CONSTRUCTION 

5 SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND 

6 ACQUISITION PROJECTS. 

7 (a) INSIDE THE UNITED STATES.—Using amounts 

8 appropriated pursuant to the authorization of appropria9 tions in section 2204(a) and available for military con10 struction projects inside the United States as specified in 

11 the funding table in section 4601, the Secretary of the 

12 Navy may acquire real property and carry out military 

13 construction projects for the installations or locations in14 side the United States, and in the amounts, set forth in 

15 the following table: 

Navy: 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 

Point Mugu ................................................. $12,790,000 

San Diego ................................................... $71,188,000 

Seal Beach .................................................. $30,594,000 

Twentynine Palms ...................................... $47,270,000 

Florida ..................... Jacksonville ................................................. $21.980,000 

Hawaii ..................... Kaneohe Bay ............................................... $97,310,000 

Mississippi ................. Meridian ...................................................... $10,926,000 

New Jersey ............... Earle ........................................................... $33,498,000 

North Carolina ........ Camp Lejeune ............................................. $69,890,000 

Cherry Point Marine Corps Air Station ..... $45,891,000 

New River ................................................... $8,525,000 

South Carolina ......... Beaufort ...................................................... $81,780,000 

Parris Island ............................................... $10,135,000 

Virginia .................... Dahlgren ..................................................... $28,228,000 

Oceana Naval Air Station ........................... $39,086,000 

Portsmouth ................................................. $32,706,000 

Quantico ...................................................... $58,714,000 

Yorktown ..................................................... $48,823,000 

Washington .............. Whidbey Island ........................................... $6,272,000 


smartinez on DSK6TPTVN1PROD with BILLS
943 

HR 4310 RFS

1 (b) OUTSIDE THE UNITED STATES.—Using amounts 

2 appropriated pursuant to the authorization of appropria3 tions in section 2204(a) and available for military con4 struction projects outside the United States as specified 

5 in the funding table in section 4601, the Secretary of the 

6 Navy may acquire real property and carry out military 

7 construction projects for the installation or location out8 side the United States, and in the amounts, set forth in 

9 the following table: 

Navy: Outside the United States 

Country Installation or Location Amount 

Diego Garcia ............ Diego Garcia ................................................ $1,691,000 

Greece ........................ Souda Bay .................................................... $25,123,000 

Japan ......................... Iwakuni ........................................................ $13,138,000 

.................................... Okinawa ....................................................... $8,206,000 

Romania ..................... Deveselu ....................................................... $45,205,000 

Spain .......................... Rota .............................................................. $17,215,000 

Worldwide (Unspecified) ....................... Unspecified Worldwide Locations ................ $34,048,000 

10 SEC. 2202. FAMILY HOUSING. 

11 Using amounts appropriated pursuant to the author12 ization of appropriations in section 2204(a) and available 

13 for military family housing functions as specified in the 

14 funding table in section 4601, the Secretary of the Navy 

15 may carry out architectural and engineering services and 

16 construction design activities with respect to the construc17 tion or improvement of family housing units in an amount 

18 not to exceed $4,527,000. 


smartinez on DSK6TPTVN1PROD with BILLS
944 

HR 4310 RFS

1 SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY HOUSING 

2 UNITS. 

3 Subject to section 2825 of title 10, United States 

4 Code, and using amounts appropriated pursuant to the 

5 authorization of appropriations in section 2204(a) and 

6 available for military family housing functions, the Sec7 retary of the Navy may improve existing military family 

8 housing units in an amount not to exceed $97,655,000. 

9 SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY. 

10 (a) AUTHORIZATION OF APPROPRIATIONS.—Funds 

11 are hereby authorized to be appropriated for fiscal years 

12 beginning after September 30, 2012, for military con13 struction, land acquisition, and military family housing 

14 functions of the Department of the Navy, as specified in 

15 the funding table in section 4601. 

16 (b) LIMITATION.—The Secretary of the Navy shall 

17 not enter into an award for a military construction project 

18 in Romania until after the date on which the Secretary 

19 submits a NATO prefinancing request for consideration 

20 of the military construction project. 

21 SEC. 2205. MODIFICATION OF AUTHORITY TO CARRY OUT 

22 CERTAIN FISCAL YEAR 2012 PROJECT. 

23 In the case of the authorization contained in the table 

24 in section 2201(a) of the Military Construction Authoriza25 tion Act for Fiscal Year 2012 (division B of Public Law 

26 112–81; 125 Stat. 1666), for Kitsap (Bangor) WashVerDate Mar 15 2010 01:00 Jun 20, 2012 Jkt 019200 PO 00000 Frm 00944 Fmt 6652 Sfmt 6201 E:\BILLS\H4310.RFS H4310

smartinez on DSK6TPTVN1PROD with BILLS
945 

HR 4310 RFS

1 ington, for construction of Explosives Handling Wharf No. 

2 2 at that location, the Secretary of the Navy may acquire 

3 fee or lesser real property interests to accomplish required 

4 environmental mitigation for the project using appropria5 tions authorized for the project. 

6 SEC. 2206. EXTENSION OF AUTHORIZATIONS OF CERTAIN 

7 FISCAL YEAR 2009 PROJECTS. 

8 (a) EXTENSION.—Notwithstanding section 2002 of 

9 the Military Construction Authorization Act for Fiscal 

10 Year 2009 (division B of Public Law 110–417; 122 Stat. 

11 4658), the authorization set forth in the table in sub12 section (b), as provided in section 2201 of that Act (122 

13 Stat. 4670) and extended by section 2206 of the Military 

14 Construction Authorization Act for Fiscal Year 2012 (di15 vision B of Public Law 112–81; 125 Stat. 1668), shall 

16 remain in effect until October 1, 2013, or the date of an 

17 Act authorizing funds for military construction for fiscal 

18 year 2014, whichever is later. 

19 (b) TABLE.—The table referred to in subsection (a) 

20 is as follows: 

Navy: Extension of 2009 Project Authorizations 

State Installation or Location Project Amount 

California ........... Marine Corps Base, 

Camp Pendelton.

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 


smartinez on DSK6TPTVN1PROD with BILLS
946 

HR 4310 RFS

1 SEC. 2207. EXTENSION OF AUTHORIZATIONS OF CERTAIN 

2 FISCAL YEAR 2010 PROJECTS. 

3 (a) EXTENSION.—Notwithstanding section 2002 of 

4 the Military Construction Authorization Act for Fiscal 

5 Year 2010 (division B of Public Law 111–84; 123 Stat. 

6 2627), the authorization set forth in the table in sub7 section (b), as provided in section 2201 of that Act (123 

8 Stat. 2632), shall remain in effect until October 1, 2013, 

9 or the date of an Act authorizing funds for military con10 struction for fiscal year 2014, whichever is later. 

11 (b) TABLE.—The table referred to in subsection (a) 

12 is as follows: 

Navy: Extension of 2010 Project Authorization 

State/Country Installation or Location Project Amount 

California .............. 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 TITLE XXIII—AIR FORCE 

14 MILITARY CONSTRUCTION 

15 SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND 

16 LAND ACQUISITION PROJECTS. 

17 (a) INSIDE THE UNITED STATES.—Using amounts 

18 appropriated pursuant to the authorization of appropria19 tions in section 2304 and available for military construc20 tion projects inside the United States as specified in the 


smartinez on DSK6TPTVN1PROD with BILLS
947 

HR 4310 RFS

1 funding table in section 4601, the Secretary of the Air 

2 Force may acquire real property and carry out military 

3 construction projects for the installations or locations in4 side the United States, and in the amounts, set forth in 

5 the following table: 

Air Force: Inside the United States 

State Installation or Location Amount 

Arkansas ............................ Little Rock Air Force Base .......... $30,178,000 

Florida ............................... Tyndall Air Force Base ................ $14,750,000 

Georgia .............................. Fort Stewart ................................. $7,250,000 

Moody Air Force Base .................. $8,500,000 

New Mexico ....................... Holloman Air Force Base ............. $25,000,000 

North Dakota .................... Minot Air Force Base ................... $4,600,000 

Texas ................................. Joint Base San Antonio ................ $18,000,000 

Utah .................................. Hill Air Force Base ...................... $13,530,000 

6 (b) OUTSIDE THE UNITED STATES.—Using amounts 

7 appropriated pursuant to the authorization of appropria8 tions in section 2304 and available for military construc9 tion projects outside the United States as specified in the 

10 funding table in section 4601, the Secretary of the Air 

11 Force may acquire real property and carry out military 

12 construction projects for the installations or locations out13 side the United States, and in the amounts, set forth in 

14 the following table: 

Air Force: Outside the United States 

Country Installation or Location Amount 

Greenland .................................. Thule Air Base .......................... $63,500,000 

Guam .......................................... Andersen Air Force Base .......... $128,000,000 

Italy .......................................... Aviano Air Base ......................... $9,400,000 

Worldwide, Unspecified ............ Unspecified Worldwide Locations ....................................... $34,657,000 


smartinez on DSK6TPTVN1PROD with BILLS
948 

HR 4310 RFS

1 SEC. 2302. FAMILY HOUSING. 

2 Using amounts appropriated pursuant to the author3 ization of appropriations in section 2304 and available for 

4 military family housing functions as specified in the fund5 ing table in section 4601, the Secretary of the Air Force 

6 may carry out architectural and engineering services and 

7 construction design activities with respect to the construc8 tion or improvement of family housing units in an amount 

9 not to exceed $4,253,000. 

10 SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY HOUSING 

11 UNITS. 

12 Subject to section 2825 of title 10, United States 

13 Code, and using amounts appropriated pursuant to the 

14 authorization of appropriations in section 2304 and avail15 able for military family housing functions as specified in 

16 the funding table in section 4601, the Secretary of the 

17 Air Force may improve existing military family housing 

18 units in an amount not to exceed $79,571,000. 

19 SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR 

20 FORCE. 

21 Funds are hereby authorized to be appropriated for 

22 fiscal years beginning after September 30, 2012, for mili23 tary construction, land acquisition, and military family 

24 housing functions of the Department of the Air Force, as 

25 specified in the funding table in section 4601. 


smartinez on DSK6TPTVN1PROD with BILLS
949 

HR 4310 RFS

1 SEC. 2305. EXTENSION OF AUTHORIZATIONS OF CERTAIN 

2 FISCAL YEAR 2010 PROJECTS. 

3 (a) EXTENSION.—Notwithstanding section 2002 of 

4 the Military Construction Authorization Act for Fiscal 

5 Year 2010 (division B of Public Law 111–84; 123 Stat. 

6 2627), authorizations set forth in the table in subsection 

7 (b), as provided in section 2301 of that Act (123 Stat. 

8 2636), shall remain in effect until October 1, 2013, or the 

9 date of an Act authorizing funds for military construction 

10 for fiscal year 2014, whichever is later. 

11 (b) TABLE.—The table referred to in subsection (a) 

12 is as follows: 

Air Force: Extension of 2010 Project Authorization 

State Installation or 

Location Project Amount 

Missouri ........... Whiteman Air 

Force Base ........ Land Acquisition North & 

South Boundary ........... $5,500,000 

Montana .......... Malmstrom Air 

Force Base ........ 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 

21 appropriated pursuant to the authorization of appropriaVerDate Mar 15 2010 01:00 Jun 20, 2012 Jkt 019200 PO 00000 Frm 00949 Fmt 6652 Sfmt 6201 E:\BILLS\H4310.RFS H4310

smartinez on DSK6TPTVN1PROD with BILLS
950 

HR 4310 RFS

1 tions in section 2403(a) and available for military con2 struction projects inside the United States as specified in 

3 the funding table in section 4601, the Secretary of De4 fense may acquire real property and carry out military 

5 construction projects for the installations or locations in6 side the United States, and in the amounts, set forth in 

7 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 ........................ $59,577,000 

Delaware ............................. Dover Air Force Base ................... $2,000,000 

Florida ............................... Eglin Air Force Base .................... $41,965,000 

Hurlburt Field .............................. $16,000,000 

MacDill Air Force Base ................ $34,409,000 

Hawaii ............................... Joint Base Pearl Harbor-Hickam $24,289,000 

Illinois ................................ Great Lakes .................................. $28,700,000 

Scott Air Force Base .................... $86,711,000 

Indiana ............................... Grissom Army Reserve Base ......... $26,800,000 

Kentucky ........................... Fort Campbell ............................... $71,639,000 

Louisiana ........................... Barksdale Air Force Base ............ $11,700,000 

Maryland ............................. Annapolis ....................................... $66,500,000 

Bethesda Naval Hospital .............. $69,200,000 

Fort Meade ................................... $128,600,000 

Missouri ............................. Fort Leonard Wood ...................... $18,100,000 

New Mexico ........................ Cannon Air Force Base ................ $93,085,000 

New York ............................ Fort Drum .................................... $43,200,000 

North Carolina .................. Camp Lejeune ............................... $80,064,000 

Fort Bragg .................................... $100,422,000 

Seymour Johnson Air Force Base $55,450,000 

Pennsylvania ...................... DEF Distribution Depot New 

Cumberland ............................... $17,400,000 

South Carolina .................. Shaw Air Force Base .................... $57,200,000 

Texas .................................. Red River Army Depot ................. $16,715,000 

Virginia .............................. Dam Neck ..................................... $11,000,000 

Joint Expeditionary Base Little 

Creek-Fort Story ....................... $11,132,000 

Norfolk .......................................... $8,500,000 

Washington ........................ Fort Lewis ..................................... $50,520,000 

8 (b) OUTSIDE THE UNITED STATES.—Using amounts 

9 appropriated pursuant to the authorization of appropriaVerDate Mar 15 2010 01:00 Jun 20, 2012 Jkt 019200 PO 00000 Frm 00950 Fmt 6652 Sfmt 6201 E:\BILLS\H4310.RFS H4310

smartinez on DSK6TPTVN1PROD with BILLS
951 

HR 4310 RFS

1 tions in section 2403(a) and available for military con2 struction projects outside the United States as specified 

3 in the funding table in section 4601, the Secretary of De4 fense may acquire real property and carry out military 

5 construction projects for the installations or locations out6 side the United States, and in the amounts, set forth in 

7 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 

Guam ................................. Andersen Air Force Base .............. $67,500,000 

Guantanamo Bay, Cuba ..... Guantanamo Bay .......................... $40,200,000 

Japan ................................. Camp Zama ................................... $13,273,000 

Kadena Air Base ........................... $143,545,000 

Sasebo ........................................... $35,733,000 

Zukeran ......................................... $79,036,000 

Korea .................................. Kunsan Air Base ........................... $13,000,000 

Osan Air Base ............................... $77,292,000 

Romania .............................. Deveselu ........................................ $157,900,000 

United Kingdom ................ Menwith Hill Station .................... $50,283,000 

Royal Air Force Feltwell ............... $30,811,000 

Royal Air Force Mildenhall ........... $6,490,000 

8 SEC. 2402. AUTHORIZED ENERGY CONSERVATION 

9 PROJECTS. 

10 (a) INSIDE THE UNITED STATES.—Using amounts 

11 appropriated pursuant to the authorization of appropria12 tions in section 2403(a) and available for energy conserva13 tion projects inside the United States as specified in the 

14 funding table in section 4601, the Secretary of Defense 

15 may carry out energy conservation projects under chapter 

16 173 of title 10, United States Code, for the installations 


smartinez on DSK6TPTVN1PROD with BILLS
952 

HR 4310 RFS

1 or locations inside the United States, and in the amounts, 

2 set forth in the following table: 

Energy Conservation Projects: Inside the United States 

State Installation or Location Amount 

Alaska ................................. Clear .............................................. $15,337,000 

California ............................ Fort Hunter Liggett ..................... $9,600,000 

Parks RFTA ................................. $9,256,000 

Colorado .............................. Aerospace Data Facility ................ $3,310,000 

Fort Carson ................................... $4,000,000 

Hawaii ................................ Joint Base Pearl Harbor Hickam $6,610,000 

Missouri .............................. Whiteman ...................................... $6,000,000 

North Carolina ................... Fort Bragg .................................... $2,700,000 

MCB Camp Lejeune ..................... $5,701,000 

New Jersey ......................... Sea Girt ......................................... $3,000,000 

Pennsylvania ....................... NSA Mechanicsburg ...................... $19,926,000 

Susquehanna ................................. $2,550,000 

Tobyhanna Army Depot ................ $3,950,000 

Tennessee ........................... Arnold ........................................... $3,606,000 

Texas .................................. Fort Bliss ...................................... $5,700,000 

Fort Bliss ...................................... $2,600,000 

Laughlin ........................................ $4,800,000 

Virginia ............................... MCB Quantico .............................. $7,943,000 

Pentagon Reservation ................... $2,360,000 

Pentagon Reservation ................... $2,120,000 

Various Locations ............... Various Locations ......................... $12,886,000 

3 (b) OUTSIDE THE UNITED STATES.—Using amounts 

4 appropriated pursuant to the authorization of appropria5 tions in section 2403 and available for energy conservation 

6 projects outside the United States as specified in the fund7 ing table in section 4601, the Secretary of Defense may 

8 carry out energy conservation projects under chapter 173 

9 of title 10, United States Code, for the installations or 

10 locations outside the United States, and in the amounts, 

11 set forth in the following table: 

Energy Conservation Projects: Outside the United States 

Country Installation or Location Amount 

Italy .................................... Naval Air Station Sigonella .......... $6,121,000 

Spain ................................... Naval Station Rota ....................... $2,671,000 

Various Locations ............... Various Locations ......................... $7,253,000 


smartinez on DSK6TPTVN1PROD with BILLS
953 

HR 4310 RFS

1 SEC. 2403. AUTHORIZATION OF APPROPRIATIONS, DE2 FENSE AGENCIES. 

3 (a) AUTHORIZATION OF APPROPRIATIONS.—Funds 

4 are hereby authorized to be appropriated for fiscal years 

5 beginning after September 30, 2012, for military con6 struction, land acquisition, and military family housing 

7 functions of the Department of Defense (other than the 

8 military departments), as specified in the funding table 

9 in section 4601. 

10 (b) LIMITATION.—The Secretary of Defense shall not 

11 enter into an award for a military construction project in 

12 Romania until after the date on which the Secretary sub13 mits a NATO prefinancing request for consideration of the 

14 military construction project. 

15 SEC. 2404. MODIFICATION OF AUTHORITY TO CARRY OUT 

16 CERTAIN FISCAL YEAR 2012 PROJECTS. 

17 (a) MARYLAND.—The table in section 2401(a) of the 

18 Military Construction Authorization Act for Fiscal Year 

19 2012 (division B of Public Law 112–81; 125 Stat. 1672), 

20 is amended in the item relating to Fort Meade, Maryland, 

21 by striking ‘‘$29,640,000’’ in the amount column and in22 serting ‘‘$792,200,000’’. 

23 (b) GERMANY.—The table in section 2401(b) of the 

24 Military Construction Authorization Act for Fiscal Year 

25 2012 (division B of Public Law 112–81; 125 Stat. 1673), 

26 is amended in the item relating to Rhine Ordnance BarVerDate Mar 15 2010 01:00 Jun 20, 2012 Jkt 019200 PO 00000 Frm 00953 Fmt 6652 Sfmt 6201 E:\BILLS\H4310.RFS H4310

smartinez on DSK6TPTVN1PROD with BILLS
954 

HR 4310 RFS

1 racks, Germany, by striking ‘‘$750,000,000’’ in the 

2 amount column and inserting ‘‘$850,000,000’’. 

3 SEC. 2405. EXTENSION OF AUTHORIZATION OF CERTAIN 

4 FISCAL YEAR 2010 PROJECT. 

5 (a) EXTENSION.—Notwithstanding section 2002 of 

6 the Military Construction Authorization Act for Fiscal 

7 Year 2010 (division B of Public Law 111–84; 123 Stat. 

8 2627), the authorization set forth in the table in sub9 section (b), as provided in section 2401(a) of that Act 

10 (123 Stat. 2640), shall remain in effect until October 1, 

11 2013, or the date of the enactment of an Act authorizing 

12 funds for military construction for fiscal year 2014, which13 ever is later. 

14 (b) TABLE.—The table referred to in subsection (a) 

15 is as follows: 

Extension of 2010 Project Authorization 

State Installation or Location Project Amount 

Virginia ..................... Pentagon Reservation Pentagon electrical 

upgrade ................. $19,272,000 

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 

22 fiscal years beginning after September 30, 2012, for miliVerDate Mar 15 2010 01:00 Jun 20, 2012 Jkt 019200 PO 00000 Frm 00954 Fmt 6652 Sfmt 6201 E:\BILLS\H4310.RFS H4310

smartinez on DSK6TPTVN1PROD with BILLS
955 

HR 4310 RFS

1 tary construction and land acquisition for chemical demili2 tarization as specified in the funding table in section 4601. 

3 SEC. 2412. MODIFICATION OF AUTHORITY TO CARRY OUT 

4 CERTAIN FISCAL YEAR 1997 PROJECT. 

5 (a) MODIFICATIONS.—The table in section 2401(a) 

6 of the Military Construction Authorization Act for Fiscal 

7 Year 1997 (division B of Public Law 104–201; 110 Stat. 

8 2775), as amended by section 2406 of the Military Con9 struction Authorization Act for Fiscal Year 2000 (division 

10 B of Public Law 106–65; 113 Stat. 839), section 2407 

11 of the Military Construction Authorization Act for Fiscal 

12 Year 2003 (division B of Public Law 107–314; 116 Stat. 

13 2699), and section 2413 of the Military Construction Au14 thorization Act for Fiscal Year 2009 (division B of Public 

15 Law 110–417; 122 Stat. 4697), is further amended— 

16 (1) under the agency heading relating to Chem17 ical Demilitarization Program, in the item relating 

18 to Pueblo Army Depot, Colorado, by striking 

19 ‘‘$484,000,000’’ in the amount column and inserting 

20 ‘‘$520,000,000’’; and 

21 (2) by striking the amount identified as the 

22 total in the amount column and inserting 

23 ‘‘$866,454,000’’. 

24 (b) CONFORMING AMENDMENT.—Section 2406(b)(2) 

25 of the Military Construction Authorization Act for Fiscal 


smartinez on DSK6TPTVN1PROD with BILLS
956 

HR 4310 RFS

1 Year 1997 (110 Stat. 2779), as so amended, is further 

2 amended by striking ‘‘$484,000,000’’ and inserting 

3 ‘‘$520,000,000’’. 

4 TITLE XXV—NORTH ATLANTIC 

5 TREATY ORGANIZATION SE6 CURITY INVESTMENT PRO7 GRAM 

8 SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND 

9 ACQUISITION PROJECTS. 

10 The Secretary of Defense may make contributions for 

11 the North Atlantic Treaty Organization Security Invest12 ment Program as provided in section 2806 of title 10, 

13 United States Code, in an amount not to exceed the sum 

14 of the amount authorized to be appropriated for this pur15 pose in section 2502 and the amount collected from the 

16 North Atlantic Treaty Organization as a result of con17 struction previously financed by the United States. 

18 SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO. 

19 Funds are hereby authorized to be appropriated for 

20 fiscal years beginning after September 30, 2012, for con21 tributions by the Secretary of Defense under section 2806 

22 of title 10, United States Code, for the share of the United 

23 States of the cost of projects for the North Atlantic Treaty 

24 Organization Security Investment Program authorized by 


smartinez on DSK6TPTVN1PROD with BILLS
957 

HR 4310 RFS

1 section 2501 as specified in the funding table in section 

2 4601. 

3 TITLE XXVI—GUARD AND 

4 RESERVE FORCES FACILITIES 

5 Subtitle A—Project Authorizations 

6 and Authorization of Appropria7 tions 

8 SEC. 2601. AUTHORIZED ARMY NATIONAL GUARD CON9 STRUCTION AND LAND ACQUISITION 

10 PROJECTS. 

11 (a) INSIDE THE UNITED STATES.—Using amounts 

12 appropriated pursuant to the authorization of appropria13 tions in section 2606 and available for the National Guard 

14 and Reserve as specified in the funding table in section 

15 4601, the Secretary of the Army may acquire real prop16 erty and carry out military construction projects for the 

17 Army National Guard locations inside the United States, 

18 and in the amounts, set forth in the following table: 

Army National Guard: Inside the United States 

State Location Amount 

Alabama ................. Fort McClellan ............................................. $5,400,000 

Arkansas ................. Searcy ........................................................... $6,800,000 

California ................ Fort Irwin .................................................... $25,000,000 

Connecticut ............. Camp Hartell ............................................... $32,000,000 

Delaware .................. Bethany Beach ............................................. $5,500,000 

Florida .................... Camp Blanding ............................................ $9,000,000 

Miramar ....................................................... $20,000,000 

Hawaii .................... Kapolei ......................................................... $28,000,000 

Idaho ........................ Orchard Training Area ................................ $40,000,000 

Indiana ................... South Bend .................................................. $21,000,000 

Terra Haute ................................................. $9,000,000 

Iowa ......................... Camp Dodge ................................................. $3,000,000 

Kansas ..................... Topeka .......................................................... $9,500,000 

Kentucky .................. Frankfort ..................................................... $32,000,000 

Massachusetts ........ Camp Edwards ............................................. $27,200,000 

Michigan .................. Camp Grayling ............................................. $17,000,000 


smartinez on DSK6TPTVN1PROD with BILLS
958 

HR 4310 RFS

Army National Guard: Inside the United States—Continued 

State Location Amount 

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 ................. Stomville ....................................................... $24,000,000 

Ohio ......................... Chillcothe ..................................................... $3,100,000 

Delaware ...................................................... $12,000,000 

Oklahoma ............... Camp Gruber ............................................... $25,000,000 

Utah ....................... Camp Williams ............................................. $36,000,000 

Vermont ................... North Hyde Park ......................................... $4,397,000 

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 prop6 erty and carry out military construction projects for the 

7 Army National Guard locations outside the United States, 

8 and in the amounts, set forth in the following table: 

Army National Guard: Outside the United States 

Country Location Amount 

Guam ................................ Barrigada ............................................ $8,500,000 

Puerto Rico ..................... Camp Santiago .................................... $3,800,000 

Ceiba .................................................... $2,200,000 

Guaynabo ............................................. $15,000,000 

Gurabo ................................................. $14,700,000 

9 SEC. 2602. AUTHORIZED ARMY RESERVE CONSTRUCTION 

10 AND LAND ACQUISITION PROJECTS. 

11 Using amounts appropriated pursuant to the author12 ization of appropriations in section 2606 and available for 

13 the National Guard and Reserve as specified in the fundVerDate Mar 15 2010 01:00 Jun 20, 2012 Jkt 019200 PO 00000 Frm 00958 Fmt 6652 Sfmt 6201 E:\BILLS\H4310.RFS H4310

smartinez on DSK6TPTVN1PROD with BILLS
959 

HR 4310 RFS

1 ing table in section 4601, the Secretary of the Army may 

2 acquire real property and carry out military construction 

3 projects for the Army Reserve locations inside the United 

4 States, and in the amounts, set forth in the following 

5 table: 

Army Reserve 

State Location Amount 

California ........................ Fort Hunter Liggett ............................ $78,300,000 

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 

Pennsylvania .................... Conneant Lake .................................... $4,800,000 

Washington ..................... Joint Base Lewis-McChord ................. $40,000,000 

Wisconsin ........................ Fort McCoy ......................................... $47,800,000 

6 SEC. 2603. AUTHORIZED NAVY RESERVE AND MARINE 

7 CORPS RESERVE CONSTRUCTION AND LAND 

8 ACQUISITION PROJECTS. 

9 Using amounts appropriated pursuant to the author10 ization of appropriations in section 2606 and available for 

11 the National Guard and Reserve as specified in the fund12 ing table in section 4601, the Secretary of the Navy may 

13 acquire real property and carry out military construction 

14 projects for the Navy Reserve and Marine Corps Reserve 

15 locations inside the United States, and in the amounts, 

16 set forth in the following table: 

Navy Reserve and Marine Corps Reserve 

State Location Amount 

Arizona ............................. Yuma ................................................... $5,379,000 

Iowa .................................. Fort Des Moines .................................. $19,162,000 

Louisiana .......................... New Orleans ........................................ $7,187,000 

New York ........................ Brooklyn .............................................. $4,430,000 


smartinez on DSK6TPTVN1PROD with BILLS
960 

HR 4310 RFS

Navy Reserve and Marine Corps Reserve—Continued 

State Location Amount 

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 fund6 ing table in section 4601, the Secretary of the Air Force 

7 may acquire real property and carry out military construc8 tion projects for the Air National Guard locations inside 

9 the United States, and in the amounts, set forth in the 

10 following table: 

Air National Guard 

State Location Amount 

California ........................ Fresno Yosemite International Airport 

Air National Guard ......................... $11,000,000 

Hawaii ............................. Joint Base Pearl Harbor-Hickam ....... $6,500,000 

New Mexico ..................... Kirtland Air Force Base ..................... $8,500,000 

Tennessee ......................... McGee-Tyson Airport .......................... $18,000,000 

Wyoming ......................... Cheyenne Municipal Airport ................ $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 fund16 ing table in section 4601, the Secretary of the Air Force 

17 may acquire real property and carry out military construc18 tion projects for the Air Force Reserve locations inside 


smartinez on DSK6TPTVN1PROD with BILLS
961 

HR 4310 RFS

1 the United States, and in the amounts, set forth in the 

2 following table: 

Air Force Reserve 

State Location Amount 

California .......................... March Air Reserve Base ...................... $16,900,000 

New York ........................ Niagara Falls International Airport .... $6,100,000 

3 SEC. 2606. AUTHORIZATION OF APPROPRIATIONS, NA4 TIONAL GUARD AND RESERVE. 

5 Funds are hereby authorized to be appropriated for 

6 fiscal years beginning after September 30, 2012, for the 

7 costs of acquisition, architectural and engineering services, 

8 and construction of facilities for the Guard and Reserve 

9 Forces, and for contributions therefor, under chapter 

10 1803 of title 10, United States Code (including the cost 

11 of acquisition of land for those facilities), as specified in 

12 the funding table in section 4601. 

13 Subtitle B—Other Matters 

14 SEC. 2611. MODIFICATION OF AUTHORITY TO CARRY OUT 

15 CERTAIN FISCAL YEAR 2010 PROJECTS. 

16 (a) AUTHORITY TO CARRY OUT ARMY NATIONAL

17 GUARD READINESS CENTER PROJECT, NORTH LAS

18 VEGAS, NEVADA.—In the case of the authorization con19 tained in the table in section 2601 of the Military Con20 struction Authorization Act for Fiscal Year 2010 (division 

21 B of Public Law 111–84; 123 Stat. 2648) for North Las 

22 Vegas, Nevada, for construction of a Readiness Center, 


smartinez on DSK6TPTVN1PROD with BILLS
962 

HR 4310 RFS

1 the Secretary of the Army may construct up to 68,593 

2 square feet of readiness center, 10,000 square feet of 

3 unheated equipment storage area, and 25,000 square feet 

4 of unheated vehicle storage, consistent with the Army’s 

5 construction guidelines for readiness centers. 

6 (b) AUTHORITY TO CARRY OUT ARMY RESERVE

7 CENTER PROJECT, MIRAMAR, CALIFORNIA.—In the case 

8 of the authorization contained in the table in section 2602 

9 of the Military Construction Authorization Act for Fiscal 

10 Year 2010 (division B of Public Law 111–84; 123 Stat. 

11 2649) for Camp Pendleton, California, for construction of 

12 an Army Reserve Center, the Secretary of the Army may 

13 instead construct an Army Reserve Center in the vicinity 

14 of the Marine Corps Air Station, Miramar, California. 

15 (c) AUTHORITY TO CARRY OUT ARMY RESERVE CEN16 TER PROJECT, BRIDGEPORT, CONNECTICUT.—In the case 

17 of the authorization contained in the table in section 2602 

18 of the Military Construction Authorization Act for Fiscal 

19 Year 2010 (division B of Public Law 111–84; 123 Stat. 

20 2649) for Bridgeport, Connecticut, for construction of an 

21 Army Reserve Center/Land, the Secretary of the Army 

22 may instead construct an Army Reserve Center and ac23 quire land in the vicinity of Bridgeport, Connecticut. 


smartinez on DSK6TPTVN1PROD with BILLS
963 

HR 4310 RFS

1 SEC. 2612. MODIFICATION OF AUTHORITY TO CARRY OUT 

2 CERTAIN FISCAL YEAR 2011 PROJECTS. 

3 (a) AUTHORITY TO CARRY OUT ARMY RESERVE

4 CENTER PROJECT, FORT STORY, VIRGINIA.—In the case 

5 of the authorization contained in the table in section 2602 

6 of the Military Construction Authorization Act for Fiscal 

7 Year 2011 (division B of Public Law 111–383; 124 Stat. 

8 4453) for Fort Story, Virginia, for construction of an 

9 Army Reserve Center, the Secretary of the Army may in10 stead construct an Army Reserve Center in the vicinity 

11 of Fort Story, Virginia. 

12 (b) AUTHORITY TO CARRY OUT ARMY NATIONAL

13 GUARD PROJECT, FORT CHAFFEE, ARKANSAS.—In the 

14 case of the authorization contained in the table in section 

15 2601 of the Military Construction Authorization Act for 

16 Fiscal Year 2011 (division B of Public Law 111–383; 124 

17 Stat. 4451) for Fort Chaffee, Arkansas, for construction 

18 of a Live Fire Shoot House, the Secretary of the Army 

19 may construct up to 5,869 square feet of Live Fire Shoot 

20 House. 

21 (c) AUTHORITY TO CARRY OUT ARMY NATIONAL

22 GUARD PROJECT, WINDSOR LOCKS, CONNECTICUT.—In 

23 the case of the authorization contained in the table in sec24 tion 2601 of the Military Construction Authorization Act 

25 for Fiscal Year 2011 (division B of Public Law 111–383; 

26 124 Stat. 4451) for Windsor Locks, Connecticut, for conVerDate Mar 15 2010 01:00 Jun 20, 2012 Jkt 019200 PO 00000 Frm 00963 Fmt 6652 Sfmt 6201 E:\BILLS\H4310.RFS H4310

smartinez on DSK6TPTVN1PROD with BILLS
964 

HR 4310 RFS

1 struction of a Readiness Center, the Secretary of the Army 

2 may construct up to 119,510 square feet of a Readiness 

3 Center. 

4 (d) AUTHORITY TO CARRY OUT ARMY NATIONAL

5 GUARD PROJECT, KALAELOA, HAWAII.—In the case of 

6 the authorization contained in the table in section 2601 

7 of the Military Construction Authorization Act for Fiscal 

8 Year 2011 (division B of Public Law 111–383; 124 Stat. 

9 4451) for Kalealoa, Hawaii, for construction of a Com10 bined Support Maintenance Shop, the Secretary of the 

11 Army may construct up to 137,548 square feet of a Com12 bined Support Maintenance Shop. 

13 (e) AUTHORITY TO CARRY OUT ARMY NATIONAL

14 GUARD PROJECT, WICHITA, KANSAS.—In the case of the 

15 authorization contained in the table in section 2601 of the 

16 Military Construction Authorization Act for Fiscal Year 

17 2011 (division B of Public Law 111–383; 124 Stat. 4451) 

18 for Wichita, Kansas, for construction of a Field Mainte19 nance Shop, the Secretary of the Army may construct up 

20 to 62,102 square feet of Field Maintenance Shop. 

21 (f) AUTHORITY TO CARRY OUT ARMY NATIONAL

22 GUARD PROJECT, MINDEN, LOUISIANA.—In the case of 

23 the authorization contained in the table in section 2601 

24 of the Military Construction Authorization Act for Fiscal 

25 Year 2011 (division B of Public Law 111–383; 124 Stat. 


smartinez on DSK6TPTVN1PROD with BILLS
965 

HR 4310 RFS

1 4451) for Minden, Louisiana, for construction of a Readi2 ness Center, the Secretary of the Army may construct up 

3 to 90,944 square feet of a Readiness Center. 

4 (g) AUTHORITY TO CARRY OUT ARMY NATIONAL

5 GUARD PROJECT, SAINT INIGOES, MARYLAND.—In the 

6 case of the authorization contained in the table in section 

7 2601 of the Military Construction Authorization Act for 

8 Fiscal Year 2011 (division B of Public Law 111–383; 124 

9 Stat. 4451) for Saint Inigoes, Maryland, for construction 

10 of a Tactical Unmanned Aircraft System Facility, the Sec11 retary of the Army may construct up to 10,298 square 

12 feet of a Tactical Unmanned Aircraft System Facility. 

13 (h) AUTHORITY TO CARRY OUT ARMY NATIONAL

14 GUARD PROJECT, CAMP GRAFTON, NORTH DAKOTA.—In 

15 the case of the authorization contained in the table in sec16 tion 2601 of the Military Construction Authorization Act 

17 for Fiscal Year 2011 (division B of Public Law 111–383; 

18 124 Stat. 4451) for Camp Grafton, North Dakota, for 

19 construction of a Readiness Center, the Secretary of the 

20 Army may construct up to 68,671 square feet of a Readi21 ness Center. 

22 (i) AUTHORITY TO CARRY OUT ARMY NATIONAL

23 GUARD PROJECT, WATERTOWN, SOUTH DAKOTA.—In the 

24 case of the authorization contained in the table in section 

25 2601 of the Military Construction Authorization Act for 


smartinez on DSK6TPTVN1PROD with BILLS
966 

HR 4310 RFS

1 Fiscal Year 2011 (division B of Public Law 111–383; 124 

2 Stat. 4451) for Watertown, South Dakota, for construc3 tion of a Readiness Center, the Secretary of the Army may 

4 construct up to 97,865 square feet of a Readiness Center. 

5 SEC. 2613. EXTENSION OF AUTHORIZATION OF CERTAIN 

6 FISCAL YEAR 2009 PROJECT. 

7 (a) EXTENSION.—Notwithstanding section 2002 of 

8 the Military Construction Authorization Act for Fiscal 

9 Year 2009 (division B of Public Law 110–417; 122 Stat. 

10 4658), the authorization set forth in the table in sub11 section (b), as provided in section 2604 of that Act (122 

12 Stat. 4706), shall remain in effect until October 1, 2013, 

13 or the date of the enactment of an Act authorizing funds 

14 for military construction for fiscal year 2014, whichever 

15 is later. 

16 (b) TABLE.—The table referred to in subsection (a) 

17 is as follows: 

Air National Guard: Extension of 2009 Project Authorization 

State Installation or 

Location Project Amount 

Mississippi ......... Gulfport-Biloxi 

Airport.

Relocate Munitions Complex ..... $3,400,000 

18 SEC. 2614. EXTENSION OF AUTHORIZATION OF CERTAIN 

19 FISCAL YEAR 2010 PROJECTS. 

20 (a) EXTENSION.—Notwithstanding section 2002 of 

21 the Military Construction Authorization Act for Fiscal 

22 Year 2010 (division B of Public Law 111–84; 123 Stat. 


smartinez on DSK6TPTVN1PROD with BILLS
967 

HR 4310 RFS

1 2627), the authorizations set forth in the tables in sub2 section (b), as provided in sections 2602 and 2604 of that 

3 Act (123 Stat. 2649, 2651), shall remain in effect until 

4 October 1, 2013, or the date of the enactment of an Act 

5 authorizing funds for military construction for fiscal year 

6 2014, whichever is later. 

7 (b) TABLE.—The tables referred to in subsection (a) 

8 are as follows: 

Army Reserve: Extension of 2010 Project Authorizations 

State Installation or 

Location Project Amount 

California ......... Camp Pendleton Army Reserve Center ............ $19,500,000 

Connecticut ...... Bridgeport .......... Army Reserve Center/Land ... $18,500,000 

Air National Guard: Extension of 2010 Project Authorization 

State Installation or 

Location Project Amount 

Mississippi ......... Gulfport-Biloxi 

Airport ......... Relocate Base Entrance ............. $6,500,000 

9 TITLE XXVII—BASE REALIGN10 MENT AND CLOSURE ACTIVI11 TIES 

12 Subtitle A—Authorization of 

13 Appropriations 

14 SEC. 2701. AUTHORIZATION OF APPROPRIATIONS FOR 

15 BASE REALIGNMENT AND CLOSURE ACTIVI16 TIES FUNDED THROUGH DEPARTMENT OF 

17 DEFENSE BASE CLOSURE ACCOUNT 1990. 

18 Funds are hereby authorized to be appropriated for 

19 fiscal years beginning after September 30, 2012, for base 


smartinez on DSK6TPTVN1PROD with BILLS
968 

HR 4310 RFS

1 realignment and closure activities, including real property 

2 acquisition and military construction projects, as author3 ized by the Defense Base Closure and Realignment Act 

4 of 1990 (part A of title XXIX of Public Law 101–510; 

5 10 U.S.C. 2687 note) and funded through the Department 

6 of Defense Base Closure Account 1990 established by sec7 tion 2906 of such Act as specified in the funding table 

8 in section 4601. 

9 SEC. 2702. AUTHORIZATION OF APPROPRIATIONS FOR 

10 BASE REALIGNMENT AND CLOSURE ACTIVI11 TIES FUNDED THROUGH DEPARTMENT OF 

12 DEFENSE BASE CLOSURE ACCOUNT 2005. 

13 Funds are hereby authorized to be appropriated for 

14 fiscal years beginning after September 30, 2012, for base 

15 realignment and closure activities, including real property 

16 acquisition and military construction projects, as author17 ized by the Defense Base Closure and Realignment Act 

18 of 1990 (part A of title XXIX of Public Law 101–510; 

19 10 U.S.C. 2687 note) and funded through the Department 

20 of Defense Base Closure Account 2005 established by sec21 tion 2906A of such Act as specified in the funding table 

22 in section 4601. 


smartinez on DSK6TPTVN1PROD with BILLS
969 

HR 4310 RFS

1 Subtitle B—Other Matters 

2 SEC. 2711. CONSOLIDATION OF DEPARTMENT OF DEFENSE 

3 BASE CLOSURE ACCOUNTS AND AUTHORIZED 

4 USES OF BASE CLOSURE ACCOUNT FUNDS. 

5 (a) ESTABLISHMENT OF SINGLE DEPARTMENT OF

6 DEFENSE BASE CLOSURE ACCOUNT; USE OF FUNDS.— 

7 The Defense Base Closure and Realignment Act of 1990 

8 (part A of title XXIX of Public Law 101–510; 10 U.S.C. 

9 2687 note) is amended by striking sections 2906 and 

10 2906A and inserting the following new section 2906: 

11 ‘‘SEC. 2906. DEPARTMENT OF DEFENSE BASE CLOSURE AC12 COUNT. 

13 ‘‘(a) ESTABLISHMENT.—There is hereby established 

14 on the books of the Treasury an account to be known as 

15 the ‘Department of Defense Base Closure Account’ which 

16 shall be administered by the Secretary as a single account. 

17 ‘‘(b) CREDITS TO ACCOUNT.—There shall be credited 

18 to the Account the following: 

19 ‘‘(1) Funds authorized for and appropriated to 

20 the Account. 

21 ‘‘(2) Funds transferred to the Account pursu22 ant to section ll(b) of the National Defense Au23 thorization Act for Fiscal Year 2013. 

24 ‘‘(3) Funds that the Secretary may, subject to 

25 approval in an appropriation Act, transfer to the AcVerDate Mar 15 2010 01:00 Jun 20, 2012 Jkt 019200 PO 00000 Frm 00969 Fmt 6652 Sfmt 6201 E:\BILLS\H4310.RFS H4310

smartinez on DSK6TPTVN1PROD with BILLS
970 

HR 4310 RFS

1 count from funds appropriated to the Department of 

2 Defense for any purpose, except that funds may be 

3 transferred under the authority of this paragraph 

4 only after the date on which the Secretary transmits 

5 written notice of, and justification for, such transfer 

6 to the congressional defense committees. 

7 ‘‘(4) Proceeds received from the lease, transfer, 

8 or disposal of any property at a military installation 

9 closed or realigned under this part or the 1988 

10 BRAC law. 

11 ‘‘(c) USE OF ACCOUNT.— 

12 ‘‘(1) AUTHORIZED PURPOSES.—The Secretary 

13 may use the funds in the Account only for the fol14 lowing purposes: 

15 ‘‘(A) To carry out the Defense Environ16 mental Restoration Program under section 

17 2701 of title 10, United States Code, and other 

18 environmental restoration and mitigation activi19 ties at military installations closed or realigned 

20 under this part or the 1988 BRAC law. 

21 ‘‘(B) To cover property management, dis22 posal, and caretaker costs incurred at military 

23 installations closed or realigned under this part 

24 or the 1988 BRAC law. 


smartinez on DSK6TPTVN1PROD with BILLS
971 

HR 4310 RFS

1 ‘‘(C) To cover costs associated with super2 vision, inspection, overhead, engineering, and 

3 design of military construction projects under4 taken under this part or the 1988 BRAC law 

5 before September 30, 2013, and subsequent 

6 claims, if any, related to such activities. 

7 ‘‘(D) To record, adjust, and liquidate obli8 gations properly chargeable to the following ac9 counts: 

10 ‘‘(i) The Department of Defense Base 

11 Closure Account 2005 established by sec12 tion 2906A of this part, as in effect on 

13 September 30, 2013. 

14 ‘‘(ii) The Department of Defense Base 

15 Closure Account 1990 established by this 

16 section, as in effect on September 30, 

17 2013. 

18 ‘‘(iii) The Department of Defense 

19 Base Closure Account established by sec20 tion 207 of the 1988 BRAC law, as in ef21 fect on September 30, 2013. 

22 ‘‘(2) SOLE SOURCE OF FUNDS.—The Account 

23 shall be the sole source of Federal funds for the ac24 tivities specified in paragraph (1) at a military inVerDate Mar 15 2010 01:00 Jun 20, 2012 Jkt 019200 PO 00000 Frm 00971 Fmt 6652 Sfmt 6201 E:\BILLS\H4310.RFS H4310

smartinez on DSK6TPTVN1PROD with BILLS
972 

HR 4310 RFS

1 stallation closed or realigned under this part or the 

2 1988 BRAC law. 

3 ‘‘(3) PROHIBITION ON USE OF ACCOUNT FOR

4 NEW MILITARY CONSTRUCTION.—Except as provided 

5 in paragraph (1), funds in the Account may not be 

6 used, directly or by transfer to another appropria7 tions account, to carry out a military construction 

8 project, including a minor military construction 

9 project, under section 2905(a) or any other provision 

10 of law at a military installation closed or realigned 

11 under this part or the 1988 BRAC law. 

12 ‘‘(d) DISPOSAL OR TRANSFER OF COMMISSARY

13 STORES AND PROPERTY PURCHASED WITH NON14 APPROPRIATED FUNDS.— 

15 ‘‘(1) DEPOSIT OF PROCEEDS IN RESERVE AC16 COUNT.—If any real property or facility acquired, 

17 constructed, or improved (in whole or in part) with 

18 commissary store funds or nonappropriated funds is 

19 transferred or disposed of in connection with the clo20 sure or realignment of a military installation under 

21 this part, a portion of the proceeds of the transfer 

22 or other disposal of property on that installation 

23 shall be deposited in the reserve account established 

24 under section 204(b)(7)(C) of the 1988 BRAC law. 


smartinez on DSK6TPTVN1PROD with BILLS
973 

HR 4310 RFS

1 ‘‘(2) The amount so deposited under paragraph 

2 (1) shall be equal to the depreciated value of the in3 vestment made with such funds in the acquisition, 

4 construction, or improvement of that particular real 

5 property or facility. The depreciated value of the in6 vestment shall be computed in accordance with regu7 lations prescribed by the Secretary of Defense. 

8 ‘‘(3) USE OF RESERVE FUNDS.—Subject to the 

9 limitation contained in section 204(b)(7)(C)(iii) of 

10 the 1988 BRAC law, amounts in the reserve account 

11 are hereby made available to the Secretary, without 

12 appropriation and until expended, for the purpose of 

13 acquiring, constructing, and improving— 

14 ‘‘(A) commissary stores; and 

15 ‘‘(B) real property and facilities for non16 appropriated fund instrumentalities. 

17 ‘‘(e) ANNUAL REPORTS.— 

18 ‘‘(1) ANNUAL ACCOUNTING.—No later than 60 

19 days after the end of each fiscal year in which the 

20 Secretary carries out activities under this part, the 

21 Secretary shall transmit a report to the congres22 sional defense committees containing an accounting 

23 of— 


smartinez on DSK6TPTVN1PROD with BILLS
974 

HR 4310 RFS

1 ‘‘(A) the amount and nature of credits to, 

2 and expenditures from, the Account during 

3 such fiscal year; and 

4 ‘‘(B) the amount and nature of anticipated 

5 deposits to be made into, and the anticipated 

6 expenditures to be made from, the Account dur7 ing the first fiscal year commencing after the 

8 submission of the report. 

9 ‘‘(2) SPECIFIC ELEMENTS OF REPORT.—The 

10 report for a fiscal year shall include the following: 

11 ‘‘(A) The obligations and expenditures 

12 from the Account during the fiscal year, identi13 fied by subaccount and installation, for each 

14 military department and Defense Agency. 

15 ‘‘(B) The fiscal year in which appropria16 tions or transfers for such expenditures were 

17 made and the fiscal year in which funds were 

18 obligated for such expenditures. 

19 ‘‘(C) An estimate of the net revenues to be 

20 received from property disposals under this part 

21 or the 1988 BRAC law to be completed during 

22 the first fiscal year commencing after the sub23 mission of the report. 

24 ‘‘(f) CLOSURE OF ACCOUNT; TREATMENT OF RE25 MAINING FUNDS.— 


smartinez on DSK6TPTVN1PROD with BILLS
975 

HR 4310 RFS

1 ‘‘(1) CLOSURE.—The Account shall be closed at 

2 the time and in the manner provided for appropria3 tion accounts under section 1555 of title 31, United 

4 States Code, except that unobligated funds which re5 main in the Account upon closure shall be held by 

6 the Secretary of the Treasury until transferred by 

7 law after the congressional defense committees re8 ceive the final report transmitted under paragraph 

9 (2). 

10 ‘‘(2) FINAL REPORT.—No later than 60 days 

11 after the closure of the Account under paragraph 

12 (1), the Secretary shall transmit to the congressional 

13 defense committees a report containing an account14 ing of— 

15 ‘‘(A) all the funds credited to and ex16 pended from the Account or otherwise expended 

17 under this part or the 1988 BRAC law; and 

18 ‘‘(B) any funds remaining in the Account. 

19 ‘‘(g) DEFINITIONS.—In this section: 

20 ‘‘(1) The term ‘commissary store funds’ means 

21 funds received from the adjustment of, or surcharge 

22 on, selling prices at commissary stores fixed under 

23 section 2685 of title 10, United States Code. 


smartinez on DSK6TPTVN1PROD with BILLS
976 

HR 4310 RFS

1 ‘‘(2) The term ‘nonappropriated funds’ means 

2 funds received from a nonappropriated fund instru3 mentality. 

4 ‘‘(3) The term ‘nonappropriated fund instru5 mentality’ means an instrumentality of the United 

6 States under the jurisdiction of the Armed Forces 

7 (including the Army and Air Force Exchange Serv8 ice, the Navy Resale and Services Support Office, 

9 and the Marine Corps exchanges) which is conducted 

10 for the comfort, pleasure, contentment, or physical 

11 or mental improvement of members of the Armed 

12 Forces. 

13 ‘‘(4) The term ‘1988 BRAC law’ means title II 

14 of the Defense Authorization Amendments and Base 

15 Closure and Realignment Act (Public Law 100–526; 

16 10 U.S.C. 2687 note).’’. 

17 (b) CLOSURE OF EXISTING CURRENT ACCOUNTS; 

18 TRANSFER OF FUNDS.— 

19 (1) CLOSURE.—Subject to paragraph (2), the 

20 Secretary of the Treasury shall close, pursuant to 

21 section 1555 of title 31, United States Code, the fol22 lowing accounts on the books of the Treasury: 

23 (A) The Department of Defense Base Clo24 sure Account 2005 established by section 

25 2906A of the Defense Base Closure and ReVerDate Mar 15 2010 01:00 Jun 20, 2012 Jkt 019200 PO 00000 Frm 00976 Fmt 6652 Sfmt 6201 E:\BILLS\H4310.RFS H4310

smartinez on DSK6TPTVN1PROD with BILLS
977 

HR 4310 RFS

1 alignment Act of 1990 (part A of title XXIX of 

2 Public Law 101–510; 10 U.S.C. 2687 note), as 

3 in effect on the effective date of this section. 

4 (B) The Department of Defense Base Clo5 sure Account 1990 established by section 2906 

6 of the Defense Base Closure and Realignment 

7 Act of 1990 (part A of title XXIX of Public 

8 Law 101–510; 10 U.S.C. 2687 note), as in ef9 fect on the effective date of this section. 

10 (C) The Department of Defense Base Clo11 sure Account established by section 207 of the 

12 Defense Authorization Amendments and Base 

13 Closure and Realignment Act (Public Law 100– 

14 526; 10 U.S.C. 2687 note), as in effect on the 

15 effective date of this section. 

16 (2) TRANSFER OF FUNDS.—All amounts re17 maining in the three accounts specified in paragraph 

18 (1) as of the effective date of this section, shall be 

19 transferred, effective on that date, to the Depart20 ment of Defense Base Closure Account established 

21 by section 2906 of the Defense Base Closure and 

22 Realignment Act of 1990, as added by subsection 

23 (a). 

24 (3) CROSS REFERENCES.—Except as provided 

25 in this subsection or the context requires otherwise, 


smartinez on DSK6TPTVN1PROD with BILLS
978 

HR 4310 RFS

1 any reference in a law, regulation, document, paper, 

2 or other record of the United States to an account 

3 specified in paragraph (1) shall be deemed to be a 

4 reference to the Department of Defense Base Clo5 sure Account established by section 2906 of the De6 fense Base Closure and Realignment Act of 1990, as 

7 added by subsection (a). 

8 (c) CONFORMING AMENDMENTS.— 

9 (1) REPEAL OF FORMER ACCOUNT.—Section 

10 207 of the Defense Authorization Amendments and 

11 Base Closure and Realignment Act (Public Law 

12 100–526; 10 U.S.C. 2687 note) is repealed. 

13 (2) DEFINITION.— 

14 (A) 1990 LAW.—Section 2910(1) of the 

15 Defense Base Closure and Realignment Act of 

16 1990 (part A of title XXIX of Public Law 101– 

17 510; 10 U.S.C. 2687 note) is amended by strik18 ing ‘‘1990 established by section 2906(a)(1)’’ 

19 and inserting ‘‘established by section 2906(a)’’. 

20 (B) 1988 LAW.—The Defense Authoriza21 tion Amendments and Base Closure and Re22 alignment Act (Public Law 100–526; 10 U.S.C. 

23 2687 note) is amended— 

24 (i) in section 204(b)(7)(A), by striking 

25 ‘‘established by section 207(a)(1)’’; and 


smartinez on DSK6TPTVN1PROD with BILLS
979 

HR 4310 RFS

1 (ii) in section 209(1), by striking ‘‘es2 tablished by section 207(a)(1)’’ and insert3 ing ‘‘established by section 2906(a) of the 

4 Defense Base Closure and Realignment 

5 Act of 1990 (part A of title XXIX of Pub6 lic Law 101–510; 10 U.S.C. 2687 note)’’. 

7 (3) ENVIRONMENTAL RESTORATION.—Chapter 

8 160 of title 10, United States Code, is amended— 

9 (A) in section 2701(d)(2), by striking ‘‘De10 partment of Defense Base Closure Account 

11 1990 or the Department of Defense Base Clo12 sure Account 2005 established under sections 

13 2906 and 2906A’’ and inserting ‘‘Department 

14 of Defense Base Closure Account established by 

15 section 2906’’; 

16 (B) in section 2703(h)— 

17 (i) by striking ‘‘the applicable Depart18 ment of Defense base closure account’’ and 

19 inserting ‘‘the Department of Defense 

20 Base Closure Account established under 

21 section 2906 of the Defense Base Closure 

22 and Realignment Act of 1990 (part A of 

23 title XXIX of Public Law 101–510; 10 

24 U.S.C. 2687 note)’’; and 


smartinez on DSK6TPTVN1PROD with BILLS
980 

HR 4310 RFS

1 (ii) by striking ‘‘the applicable base 

2 closure account’’ and inserting ‘‘such base 

3 closure account’’; and 

4 (C) in section 2905(g)(2), by striking 

5 ‘‘Closure Account 1990’’ and inserting ‘‘Closure 

6 Account’’. 

7 (4) DEPARTMENT OF DEFENSE HOUSING

8 FUNDS.—Section 2883 of such title is amended— 

9 (A) in subsection (c)— 

10 (i) by striking subparagraph (G) of 

11 paragraph (1); and 

12 (ii) by striking subparagraph (G) of 

13 paragraph (2); and 

14 (B) in subsection (f)— 

15 (i) in the first sentence, by striking 

16 ‘‘or (G)’’ both places it appears; and 

17 (ii) by striking the second sentence. 

18 (d) EFFECTIVE DATE.—This section and the amend19 ments made by this section shall take effect on the later 

20 of— 

21 (1) October 1, 2013; and 

22 (2) the date of the enactment of an Act author23 izing funds for military construction for fiscal year 

24 2014. 


smartinez on DSK6TPTVN1PROD with BILLS
981 

HR 4310 RFS

1 SEC. 2712. AIR ARMAMENT CENTER, EGLIN AIR FORCE 

2 BASE. 

3 The Secretary of the Air Force shall retain an Air 

4 Armament Center at Eglin Air Force Base, Florida, in 

5 name and function, with the same integrated mission ele6 ments, responsibilities, and capabilities as existed upon the 

7 completion of implementation of the recommendations of 

8 the 2005 Base Closure and Realignment Commission re9 garding such military installation contained in the report 

10 transmitted by the President to Congress in accordance 

11 with section 2914(e) of the Defense Base Closure and Re12 alignment Act of 1990 (part A of title XXIX of Public 

13 Law 101–510; 10 U.S.C. 2687 note), until such time as 

14 such integrated mission elements, responsibilities, and ca15 pabilities are modified pursuant to section 2687 of title 

16 10, United States Code, or a subsequent law providing for 

17 the closure or realignment of military installations in the 

18 United States. 

19 SEC. 2713. PROHIBITION ON CONDUCTING ADDITIONAL 

20 BASE REALIGNMENT AND CLOSURE (BRAC) 

21 ROUND. 

22 Nothing in this Act shall be construed to authorize 

23 an additional Base Realignment and Closure (BRAC) 

24 round, and none of the funds appropriated pursuant to 

25 the authorization of appropriations contained in this Act 


smartinez on DSK6TPTVN1PROD with BILLS
982 

HR 4310 RFS

1 may be used to propose, plan for, or execute an additional 

2 BRAC round. 

3 SEC. 2714. CONSIDERATION OF UNITED STATES MILITARY 

4 BASES LOCATED OVERSEAS IN CRITERIA 

5 USED TO CONSIDER AND RECOMMEND MILI6 TARY INSTALLATIONS FOR CLOSURE OR RE7 ALIGNMENT. 

8 Section 2687(b)(1)(B) of title 10, United States 

9 Code, is amended— 

10 (1) by striking ‘‘and’’ at the end of clause (i); 

11 and 

12 (2) by adding at the end the following new 

13 clause: 

14 ‘‘(iii) the anticipated continuing need for 

15 and availability of military bases outside the 

16 United States, taking into account current re17 strictions on the use of military bases outside 

18 the United States and the potential for future 

19 prohibitions or restrictions on the use of such 

20 bases; and’’. 


smartinez on DSK6TPTVN1PROD with BILLS
983 

HR 4310 RFS

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. PREPARATION OF MILITARY INSTALLATION 

8 MASTER PLANS. 

9 (a) MILITARY INSTALLATION MASTER PLANS.—Sub10 chapter III of chapter 169 of title 10, United States Code, 

11 is amended by inserting after section 2863 the following 

12 new section: 

13 ‘‘§ 2864. Military installation master plans 

14 ‘‘(a) PLANS REQUIRED.—At a time interval pre15 scribed by the Secretary concerned (but not less frequently 

16 than once every 10 years), the commander of each military 

17 installation under the jurisdiction of the Secretary shall 

18 ensure an installation master plan is developed to address 

19 environmental planning, sustainable design and develop20 ment, sustainable range planning, real property master 

21 planning, and transportation planning. 

22 ‘‘(b) TRANSPORTATION COMPONENT.— 

23 ‘‘(1) COOPERATION WITH METROPOLITAN

24 PLANNING ORGANIZATIONS.—The transportation 

25 component of an installation master plan shall be 


smartinez on DSK6TPTVN1PROD with BILLS
984 

HR 4310 RFS

1 developed and updated in cooperation with the met2 ropolitan planning organization designated for the 

3 metropolitan planning area in which the military in4 stallation is located. 

5 ‘‘(2) DEFINITIONS.—In this subsection, the 

6 terms ‘metropolitan planning area’ and ‘metropoli7 tan planning organization’ have the meanings given 

8 those terms in section 134(b) of title 23 and section 

9 5303(b) of title 49. 

10 ‘‘(3) TRANSIT SERVICES.—The installation 

11 master plan for a military installation shall also ad12 dress operating costs for transit service and travel 

13 demand measures on the installation.’’. 

14 SEC. 2802. SUSTAINMENT OVERSIGHT AND ACCOUNT15 ABILITY FOR MILITARY HOUSING PRIVATIZA16 TION PROJECTS AND RELATED ANNUAL RE17 PORTING REQUIREMENTS. 

18 (a) SUSTAINMENT OVERSIGHT AND ACCOUNT19 ABILITY FOR PRIVATIZATION PROJECTS.— 

20 (1) OVERSIGHT AND ACCOUNTABILITY MEAS21 URES.—Subchapter IV of chapter 169 of title 10, 

22 United States Code, is amended by inserting after 

23 section 2885 the following new section: 


smartinez on DSK6TPTVN1PROD with BILLS
985 

HR 4310 RFS

1 ‘‘§ 2885a. Oversight and accountability for privatiza2 tion projects: sustainment 

3 ‘‘(a) OVERSIGHT AND ACCOUNTABILITY MEAS4 URES.—Each Secretary concerned shall prescribe regula5 tions to effectively oversee and manage a military housing 

6 privatization project carried out under this subchapter 

7 during the sustainment phase of the project following com8 pletion of the construction or renovation of the housing 

9 units. The regulations shall include the following require10 ments for each privatization project: 

11 ‘‘(1) The financial health and performance of 

12 the military housing privatization project, including 

13 the debt-coverage ratio of the project and occupancy 

14 rates for the constructed or renovated housing units. 

15 ‘‘(2) A resident satisfaction assessment of the 

16 privatization project. 

17 ‘‘(3) An assessment of the backlog of mainte18 nance and repair. 

19 ‘‘(b) REQUIRED QUALIFICATIONS.—The Secretary 

20 concerned or designated representative shall ensure that 

21 the project owner, developer, or general contractor that 

22 is selected for each military housing privatization initiative 

23 project has sustainment experience commensurate with 

24 that required to maintain the project.’’. 

25 (2) CONFORMING AMENDMENT.—Section 

26 2885(a) of such title is amended in the matter preVerDate Mar 15 2010 01:00 Jun 20, 2012 Jkt 019200 PO 00000 Frm 00985 Fmt 6652 Sfmt 6201 E:\BILLS\H4310.RFS H4310

smartinez on DSK6TPTVN1PROD with BILLS
986 

HR 4310 RFS

1 ceding paragraph (1) by inserting before the period 

2 at the end of the first sentence the following: ‘‘dur3 ing the course of the construction or renovation of 

4 the housing units’’. 

5 (3) CLERICAL AMENDMENTS.— 

6 (A) SECTION HEADING.—The heading of 

7 section 2885 of such title is amended to read as 

8 follows: 

9 ‘‘§ 2885. Oversight and accountability for privatiza10 tion projects: construction’’. 

11 (B) TABLE OF SECTIONS.—The table of 

12 sections at the beginning of subchapter IV of 

13 chapter 169 of such title is amended by striking 

14 the item relating to section 2885 and inserting 

15 the following new items: 

‘‘2885. Oversight and accountability for privatization projects: construction. 

‘‘2885a. Oversight and accountability for privatization projects: sustainment.’’. 

16 (b) ANNUAL REPORTING REQUIREMENTS.—Section 

17 2884(b) of such title is amended— 

18 (1) by striking paragraphs (2), (3), (4), and 

19 (7); 

20 (2) by redesignating paragraphs (5), (6), and 

21 (8) as paragraphs (2), (3), and (4), respectively; and 

22 (3) by adding at the end the following new 

23 paragraphs: 


smartinez on DSK6TPTVN1PROD with BILLS
987 

HR 4310 RFS

1 ‘‘(5) A trend analysis of the backlog of mainte2 nance and repair for each privatization project, in3 cluding the total cost of the operation, maintenance, 

4 and repair costs associated with each project. 

5 ‘‘(6) If the debt associated with a privatization 

6 project exceeds net operating income or the occu7 pancy rates for the constructed or renovated housing 

8 units are below 75 percent for any sustained period 

9 of more than one year, a report regarding the plan 

10 to mitigate the financial risk of the project.’’. 

11 SEC. 2803. ONE-YEAR EXTENSION OF AUTHORITY TO USE 

12 OPERATION AND MAINTENANCE FUNDS FOR 

13 CONSTRUCTION PROJECTS OUTSIDE THE 

14 UNITED STATES. 

15 Subsection (h) of section 2808 of the Military Con16 struction Authorization Act for Fiscal Year 2004 (division 

17 B of Public Law 108–136; 117 Stat. 1723), as most re18 cently amended by section 2804(a)(2) of the Military Con19 struction Authorization Act for Fiscal Year 2012 (division 

20 B of Public Law 112–81; 125 Stat. 1685), is amended— 

21 (1) in paragraph (1), by striking ‘‘September 

22 30, 2012’’ and inserting ‘‘September 30, 2013’’; and 

23 (2) in paragraph (2), by striking ‘‘fiscal year 

24 2013’’ and inserting ‘‘fiscal year 2014’’. 


smartinez on DSK6TPTVN1PROD with BILLS
988 

HR 4310 RFS

1 SEC. 2804. TREATMENT OF CERTAIN DEFENSE NUCLEAR 

2 FACILITY CONSTRUCTION PROJECTS AS 

3 MILITARY CONSTRUCTION PROJECTS. 

4 (a) FINDINGS.—Congress finds the following: 

5 (1) According to a memorandum of agreement 

6 between the Secretary of Defense and the Secretary 

7 of Energy dated May 2010 and a subsequent adden8 dum to such memorandum, the Secretary of Defense 

9 plans to transfer $8,300,000,000 of the budgetary 

10 authority of the Department of Defense to the Ad11 ministrator for Nuclear Security of the National Nu12 clear Security Administration between fiscal years 

13 2011 and 2016 to fund activities of the Administra14 tion that the Secretary determines to be high prior15 ities. 

16 (2) Such funding has directly supported defense 

17 activities at the National Nuclear Security Adminis18 tration, including design and construction activities 

19 for the Chemistry and Metallurgy Research Building 

20 Replacement project and the Uranium Processing 

21 Facility project specified in paragraphs (2) and (3) 

22 of subsection (b). 

23 (b) COVERED FACILITIES.—This section applies to 

24 the following construction projects of the National Nuclear 

25 Security Administration: 


smartinez on DSK6TPTVN1PROD with BILLS
989 

HR 4310 RFS

1 (1) Any project to build a nuclear facility, initi2 ated on or after October 1, 2013, that is estimated 

3 to cost in excess of $1,000,000,000 and is intended 

4 to be primarily utilized to support the nuclear weap5 ons activities of the National Nuclear Security Ad6 ministration. 

7 (2) The Chemistry and Metallurgy Research 

8 Building Replacement project, Los Alamos, New 

9 Mexico. 

10 (3) The Uranium Processing Facility project, 

11 Oak Ridge, Tennessee. 

12 (c) TREATMENT AS MILITARY CONSTRUCTION

13 PROJECTS.—In the case of the construction projects of the 

14 National Nuclear Security Administration specified in 

15 subsection (b), the projects are deemed to be military con16 struction projects to be carried out with respect to a mili17 tary installation and therefore subject to the following: 

18 (1) The advance-project authorization require19 ment of section 2802(a) of title 10, United States 

20 Code, and other requirements of chapter 169 of such 

21 title related to military construction projects carried 

22 out by the Secretary of Defense with respect to the 

23 Defense Agencies. 


smartinez on DSK6TPTVN1PROD with BILLS
990 

HR 4310 RFS

1 (2) Annual Acts authorizing military construc2 tion projects (and authorizing the appropriation of 

3 funds therefor) for a fiscal year. 

4 (d) MILITARY CONSTRUCTION AUTHORIZATION FOR

5 CERTAIN DEFENSE NUCLEAR FACILITY PROJECTS.—The 

6 Secretary of Defense may acquire real property and carry 

7 out military construction projects for the installations or 

8 locations, and in the amounts, set forth in the following 

9 table: 

Defense Nuclear Facility Projects 

State Installation or Location Amount 

New Mexico ................ Los Alamos ................................................ $3,500,000,000 

Tennessee ................... Oak Ridge .................................................. $4,200,000,000 

10 (e) REGULATION, REQUIREMENTS, AND COORDINA11 TION.—For each project specified in subsection (b)— 

12 (1) the Administrator for Nuclear Security of 

13 the National Nuclear Security Administration and 

14 the Secretary of Energy shall retain authority to 

15 regulate design and construction activities pursuant 

16 to the Atomic Energy Act and other applicable laws; 

17 (2) the Secretary of Defense shall coordinate 

18 with the Administrator for Nuclear Security regard19 ing requirements for the facility; and 

20 (3) the Administrator for Nuclear Security shall 

21 make available to the Secretary of Defense the exVerDate Mar 15 2010 01:00 Jun 20, 2012 Jkt 019200 PO 00000 Frm 00990 Fmt 6652 Sfmt 6201 E:\BILLS\H4310.RFS H4310

smartinez on DSK6TPTVN1PROD with BILLS
991 

HR 4310 RFS

1 pertise of the National Nuclear Security Administra2 tion to support design and construction activities. 

3 (f) TRANSFER OF FACILITIES.—Upon completion of 

4 construction of a project specified in subsection (b), the 

5 Secretary of Defense shall negotiate with the Adminis6 trator for Nuclear Security of the National Nuclear Secu7 rity Administration to transfer the constructed facility to 

8 the authority of the Administrator for operations. 

9 (g) SENSE OF CONGRESS.—It is the sense of Con10 gress that during fiscal year 2014 and thereafter, the 

11 budgetary authority provided by the Secretary of Defense 

12 to the Administrator for Nuclear Security of the National 

13 Nuclear Security Administration under the memorandum 

14 described in subsection (a)(1) should be reduced by the 

15 amount needed to fund the design and construction of the 

16 projects specified in paragraphs (2) and (3) of subsection 

17 (b). 

18 (h) INFORMATION TRANSFER AND LEGAL EFFECT

19 OF TRANSFER.—Not later than September 30, 2013, the 

20 Administrator for Nuclear Security of the National Nu21 clear Security Administration shall transfer to the Sec22 retary of Defense all information in the possession of the 

23 Administrator related to architectural and engineering 

24 services and construction design for the construction 

25 projects specified in subsection (b). All environmental imVerDate Mar 15 2010 01:00 Jun 20, 2012 Jkt 019200 PO 00000 Frm 00991 Fmt 6652 Sfmt 6201 E:\BILLS\H4310.RFS H4310

smartinez on DSK6TPTVN1PROD with BILLS
992 

HR 4310 RFS

1 pact statements and legal rulings in effect before that date 

2 related to the projects shall be considered valid upon 

3 transfer of responsibility for the projects to the Secretary 

4 of Defense under subsection (c). 

5 (i) EFFECTIVE DATE.—This section shall apply to 

6 the construction projects specified in subsection (b) effec7 tive for fiscal year 2014 and fiscal years thereafter. 

8 SEC. 2805. EXECUTION OF CHEMISTRY AND METALLURGY 

9 RESEARCH BUILDING REPLACEMENT NU10 CLEAR FACILITY AND LIMITATION ON ALTER11 NATIVE PLUTONIUM STRATEGY. 

12 (a) POLICY.—It is the policy of the United States to 

13 create and sustain the capability to produce plutonium 

14 pits for nuclear weapons, and to ensure sufficient pluto15 nium pit production capacity, to respond to technical chal16 lenges in the existing nuclear weapons stockpile or geo17 political developments. 

18 (b) SENSE OF CONGRESS.—It is the sense of Con19 gress that— 

20 (1) successful and timely construction of the 

21 Chemistry and Metallurgy Research Building Re22 placement nuclear facility in Los Alamos, New Mex23 ico, is critical to achieving the policy expressed in 

24 subsection (a) and that such facility should achieve 

25 full operational capability by fiscal year 2024; 


smartinez on DSK6TPTVN1PROD with BILLS
993 

HR 4310 RFS

1 (2) prior-year funds for the Chemistry and Met2 allurgy Research Building Replacement nuclear fa3 cility, up to $160,000,000 being available, should be 

4 applied to continue design and construction of this 

5 facility in fiscal year 2013; and 

6 (3) during fiscal year 2014 and thereafter, the 

7 budgetary authority provided by the Secretary of 

8 Defense to the Administrator for Nuclear Security 

9 of the National Nuclear Security Administration 

10 under the memorandum of agreement between the 

11 Secretary of Defense and the Secretary of Energy 

12 dated May 2010 should be reduced by the amount 

13 needed to fund the design and construction of the 

14 Chemistry and Metallurgy Research Building Re15 placement nuclear facility under the military con16 struction authorities provided in section 2804. 

17 (c) FUTURE BUDGET REQUESTS.—The Secretary of 

18 Defense, in coordination with the Administrator for Nu19 clear Security of the National Nuclear Security Adminis20 tration, shall request such funds in fiscal year 2014 and 

21 subsequent fiscal years under the military construction au22 thorities of section 2804 to ensure the Chemistry and Met23 allurgy Research Building Replacement nuclear facility 

24 achieves full operational capability by fiscal year 2024. 


smartinez on DSK6TPTVN1PROD with BILLS
994 

HR 4310 RFS

1 (d) LIMITATION ON ALTERNATIVE PLUTONIUM

2 STRATEGY.—No funds authorized to be appropriated by 

3 this Act or any other Act may be obligated or expended 

4 on any activities associated with a plutonium strategy for 

5 the National Nuclear Security Administration that does 

6 not include achieving full operational capability of the 

7 Chemistry and Metallurgy Research Building Replace8 ment nuclear facility by fiscal year 2024. 

9 SEC. 2806. USE OF PROJECT LABOR AGREEMENTS IN MILI10 TARY CONSTRUCTION PROJECTS AND MILI11 TARY FAMILY HOUSING PROJECTS. 

12 (a) REQUIREMENTS.—Section 2852 of title 10, 

13 United States Code, is amended by adding at the end the 

14 following new subsection: 

15 ‘‘(d)(1) The Secretary of Defense and the Secretaries 

16 of the military departments, when awarding a construction 

17 contract on behalf of the Government, in any solicitations, 

18 bid specifications, project agreements, or other controlling 

19 documents, shall not— 

20 ‘‘(A) require or prohibit bidders, offerors, con21 tractors, or subcontractors to enter into or adhere to 

22 agreements with one or more labor organizations; 

23 and 

24 ‘‘(B) discriminate against or give preference to 

25 bidders, offerors, contractors, or subcontractors 


smartinez on DSK6TPTVN1PROD with BILLS
995 

HR 4310 RFS

1 based on their entering or refusing to enter into 

2 such an agreement. 

3 ‘‘(2) Nothing in this subsection shall prohibit a con4 tractor or subcontractor from voluntarily entering into an 

5 agreement with one or more labor organizations, as pro6 tected by the National Labor Relations Act (29 U.S.C. 

7 151 et seq.).’’. 

8 (b) APPLICATION OF AMENDMENT.—The amendment 

9 made by subsection (a) shall not apply to construction con10 tracts awarded before the date of the enactment of this 

11 Act. 

12 Subtitle B—Real Property and 

13 Facilities Administration 

14 SEC. 2811. AUTHORITY OF MILITARY MUSEUMS TO ACCEPT 

15 GIFTS AND SERVICES AND TO ENTER INTO 

16 LEASES AND COOPERATIVE AGREEMENTS. 

17 (a) MUSEUM SUPPORT AUTHORITY.—Chapter 155 of 

18 title 10, United States Code, is amended by inserting after 

19 section 2608 the following new section: 

20 ‘‘§ 2609. Military museum programs: acceptance of 

21 gifts and other support 

22 ‘‘(a) ACCEPTANCE OF SERVICES.—Notwithstanding 

23 section 1342 of title 31, the Secretary concerned may ac24 cept services from a nonprofit entity to support a military 

25 museum program under the jurisdiction of the Secretary. 


smartinez on DSK6TPTVN1PROD with BILLS
996 

HR 4310 RFS

1 ‘‘(b) LIMITATION ON USE OF GIFT FUNDS.—A gift 

2 made for the purpose of assisting in the development, op3 eration, maintenance, or management of, or for the acqui4 sition of collections for, a military museum program and 

5 deposited into one of the general gift funds specified in 

6 section 2601(c) of this title shall be available only for the 

7 military museum program and the purpose for which the 

8 gift was made. 

9 ‘‘(c) SOLICITATION OF GIFTS.—Under regulations 

10 prescribed under this section, the Secretary concerned 

11 may solicit from any person or public or private entity, 

12 for the use and benefit of a military museum program, 

13 a gift of books, manuscripts, works of art, historical arti14 facts, drawings, plans, models, condemned or obsolete 

15 combat materiel, or other personal property. 

16 ‘‘(d) LEASING AUTHORITY.—(1) In accordance with 

17 section 2667 of this title, the Secretary concerned may 

18 lease real and personal property of a military museum pro19 gram to a nonprofit entity for purposes related to the mili20 tary museum program. 

21 ‘‘(2) A lease under this subsection may not include 

22 any part of the collection of a military museum program. 

23 ‘‘(e) COOPERATIVE AGREEMENTS.—The Secretary 

24 concerned may enter into a cooperative agreement with 


smartinez on DSK6TPTVN1PROD with BILLS
997 

HR 4310 RFS

1 a nonprofit entity for purposes related to support of a mili2 tary museum program. 

3 ‘‘(f) EMPLOYEE STATUS.—For purposes of this sec4 tion, employees or personnel of a nonprofit entity may not 

5 be considered to be employees of the United States. 

6 ‘‘(g) REGULATIONS.—(1) The Secretary of Defense 

7 shall prescribe regulations to implement this section. The 

8 regulations shall apply uniformly throughout the Depart9 ment of Defense. 

10 ‘‘(2) The regulations shall provide that solicitation of 

11 a gift, acceptance of a gift (including a gift of services), 

12 or use of a gift under this section may not occur if the 

13 nature or circumstances of the solicitation, acceptance, or 

14 use would compromise the integrity or the appearance of 

15 integrity of any program of the Department of Defense 

16 or any individual involved in such program. 

17 ‘‘(h) DEFINITIONS.—In this section: 

18 ‘‘(1) The term ‘military museum program’ may 

19 include an individual museum. 

20 ‘‘(2) The term ‘nonprofit entity’ means an ex21 empt organization under section 501(c)(3) of the In22 ternal Revenue Code of 1986 whose primary purpose 

23 is supporting a military museum program. 


smartinez on DSK6TPTVN1PROD with BILLS
998 

HR 4310 RFS

1 ‘‘(3) The term ‘Secretary concerned’ includes 

2 the Secretary of Defense with respect to matters 

3 concerning the Defense Agencies.’’. 

4 (b) CLERICAL AMENDMENT.—The table of sections 

5 at the beginning of such chapter is amended by inserting 

6 after the item relating to section 2608 the following new 

7 item: 

‘‘2609. Military museum programs: acceptance of gifts and other support.’’. 

8 SEC. 2812. CLARIFICATION OF PARTIES WITH WHOM DE9 PARTMENT OF DEFENSE MAY CONDUCT EX10 CHANGES OF REAL PROPERTY AT CERTAIN 

11 MILITARY INSTALLATIONS. 

12 Section 2869(a)(1) of title 10, United States Code, 

13 is amended— 

14 (1) by striking ‘‘any eligible entity’’ and insert15 ing ‘‘any person’’; 

16 (2) by striking ‘‘the entity’’ and inserting ‘‘the 

17 person’’; and 

18 (3) by striking ‘‘their control’’ and inserting 

19 ‘‘the person’s control’’. 

20 SEC. 2813. INDEMNIFICATION OF TRANSFEREES OF PROP21 ERTY AT ANY CLOSED MILITARY INSTALLA22 TION. 

23 Section 330 of the National Defense Authorization 

24 Act for Fiscal Year 1993 (Public Law 102–484; 10 U.S.C. 

25 2687 note) is amended— 


smartinez on DSK6TPTVN1PROD with BILLS
999 

HR 4310 RFS

1 (1) in subsection (a)(1), by striking ‘‘pursuant 

2 to a base closure law’’ and inserting ‘‘after October 

3 24, 1988, the date of the enactment of the Defense 

4 Authorization Amendments and Base Closure and 

5 Realignment Act (Public Law 100–526; 10 U.S.C. 

6 2687 note)’’; and 

7 (2) in subsection (f), by striking paragraph (3). 

8 SEC. 2814. IDENTIFICATION REQUIREMENT FOR ENTRY ON 

9 MILITARY INSTALLATIONS. 

10 (a) IDENTIFICATION REQUIREMENT FOR MILITARY

11 INSTALLATIONS.— 

12 (1) MINIMUM IDENTIFICATION REQUIRED.— 

13 (A) IN GENERAL.—Beginning on the day 

14 that is 120 days after the date of the enact15 ment of this Act, the Secretary concerned may 

16 not permit a person who is 18 years old or 

17 older to enter a military installation in the 

18 United States unless such person presents, as 

19 determined by an authentication procedure that 

20 meets the minimum procedural requirements 

21 identified by the Secretary of Defense in para22 graph (4), at a minimum— 

23 (i) a valid Federal or State govern24 ment issued photo identification card; 

25 (ii) a valid Common Access Card; or 


smartinez on DSK6TPTVN1PROD with BILLS
1000 

HR 4310 RFS

1 (iii) a valid uniformed services identi2 fication card. 

3 (B) EXCEPTION FOR CERTAIN FOREIGN

4 PASSPORTS.—The Secretary concerned may 

5 permit a person to enter a military installation 

6 in the United States if such person presents a 

7 valid foreign passport, as determined by an au8 thentication procedure that meets the minimum 

9 procedural requirements identified by the Sec10 retary of Defense in paragraph (4), if— 

11 (i) such person is visiting such mili12 tary installation on official business be13 tween the Armed Forces and the armed 

14 forces of a foreign country; or 

15 (ii) such person is visiting a member 

16 of the uniformed services or a civilian em17 ployee of the Department of Defense on 

18 such military installation. 

19 (2) EXPIRED OR FRAUDULENT IDENTIFICA20 TION.—The Secretary concerned shall confiscate any 

21 form of identification that the Secretary determines, 

22 using an authentication procedure that meets the 

23 minimum procedural requirements identified by the 

24 Secretary of Defense in paragraph (4), to be expired 

25 or fraudulent. 


smartinez on DSK6TPTVN1PROD with BILLS
1001 

HR 4310 RFS

1 (3) COORDINATION AMONG MILITARY INSTAL2 LATIONS OF A STATE.—The Secretary concerned 

3 shall keep a list and shall inform the personnel at 

4 any other military installation in the State of such 

5 military installation of the name of any person— 

6 (A) who attempts to help a person required 

7 to present a valid form of identification under 

8 paragraph (1) to enter a military installation in 

9 the United States without such required identi10 fication; or 

11 (B) who attempts to enter a military in12 stallation military installation in the United 

13 States with a form of identification that the 

14 Secretary concerned determines to be expired or 

15 fraudulent under paragraph (2). 

16 (4) PROCEDURAL REQUIREMENTS FOR IDENTI17 FICATION VERIFICATION.—Not later than 90 days 

18 after the date of the enactment of this Act, the Sec19 retary of Defense shall identify the minimum proce20 dural requirements for the Secretary concerned to 

21 authenticate the forms of identification in paragraph 

22 (1) for a person entering a military installation in 

23 the United States. In identifying such requirements, 

24 the Secretary of Defense shall identify minimum 

25 procedural requirements to ensure that individuals 


smartinez on DSK6TPTVN1PROD with BILLS
1002 

HR 4310 RFS

1 who need to enter a military installation in the 

2 United States to perform work under a contract 

3 awarded by the Department of Defense present a 

4 valid form of identification under paragraph (1). 

5 (b) DEFINITIONS.— 

6 (1) COMMON ACCESS CARD.—In this section, 

7 the term ‘‘Common Access Card’’ means the stand8 ard identification card issued by the Secretary of 

9 Defense to active-duty military personnel, Selected 

10 Reserve personnel, Department of Defense civilian 

11 employees, and certain persons awarded contracts by 

12 the Secretary of Defense. 

13 (2) SECRETARY CONCERNED.—In this section, 

14 the term ‘‘Secretary concerned’’ has the meaning 

15 given the term in section 101(a) of title 10, United 

16 States Code. 

17 (3) UNIFORMED SERVICES IDENTIFICATION

18 CARD.—In this section, the term ‘‘uniformed services 

19 identification card’’ means the identification card 

20 issued by the Secretary of Defense to spouses and 

21 other eligible dependents of members of the uni22 formed services and other eligible persons, as deter23 mined by the Secretary of Defense. 


smartinez on DSK6TPTVN1PROD with BILLS
1003 

HR 4310 RFS

1 SEC. 2815. PLAN TO PROTECT CRITICAL DEPARTMENT OF 

2 DEFENSE CRITICAL ASSETS FROM ELECTRO3 MAGNETIC PULSE WEAPONS. 

4 (a) PLAN REQUIRED.—Not later than September 1, 

5 2013, the Secretary of the Defense shall submit to the 

6 congressional defense committees a plan to protect defense 

7 critical assets under the jurisdiction of the Department 

8 of Defense, and critical equipment at military installa9 tions, from the adverse effects of electromagnetic pulse 

10 and high-powered microwave weapons. 

11 (b) PREPARATION AND ELEMENTS OF PLAN.—In 

12 preparing the plan required by subsection (a), the Sec13 retary of Defense shall utilize the guidance and rec14 ommendations of the Commission to Assess the Threat to 

15 the United States from Electromagnetic Pulse Attack es16 tablished by section 1401 of the Floyd D. Spence National 

17 Defense Authorization Act for Fiscal Year 2001 (as en18 acted into law by Public Law 106–398; 114. Stat. 1654A– 

19 345). The plan shall include the following elements: 

20 (1) An assessment of overall military installa21 tion protection from electromagnetic pulse and high22 powered microwave weapons. 

23 (2) A listing of defense critical assets. 

24 (3) An assessment of the adequacy of each de25 fense critical asset, to include the backup power ca26 pabilities of the defense critical asset, to withstand 


smartinez on DSK6TPTVN1PROD with BILLS
1004 

HR 4310 RFS

1 attack currently and a description and a cost esti2 mate for each project to improve, repair, renovate, 

3 or modernize defense critical assets for which any 

4 deficiency is identified in the assessment. 

5 (4) A list of projects, costs, and timelines 

6 through the future-years defense program to meet 

7 the requirements to overcome deficiencies identified 

8 under paragraph (3) for all defense critical assets. 

9 (5) A list of civilian critical infrastructures 

10 upon which a defense critical asset depends (elec11 tricity, water, telecommunications, etc) that, if ren12 dered inoperable by electromagnetic pulse or high13 powered microwave weapons, would compromise the 

14 function of a defense critical asset. 

15 (c) FORM OF SUBMISSION.—The plan required by 

16 subsection (a) shall be submitted in unclassified form, but 

17 may include a classified annex. 

18 (d) DEFENSE CRITICAL ASSET.—In this section, the 

19 term ‘‘defense critical asset’’ means an asset of such ex20 traordinary importance to operations in peace, crisis, and 

21 war that its incapacitation or destruction would have a 

22 very serious debilitating effect on the ability of the Depart23 ment of Defense to fulfill its missions. 


smartinez on DSK6TPTVN1PROD with BILLS
1005 

HR 4310 RFS

1 Subtitle C—Energy Security 

2 SEC. 2821. CONGRESSIONAL NOTIFICATION FOR CON3 TRACTS FOR THE PROVISION AND OPER4 ATION OF ENERGY PRODUCTION FACILITIES 

5 AUTHORIZED TO BE LOCATED ON REAL 

6 PROPERTY UNDER THE JURISDICTION OF A 

7 MILITARY DEPARTMENT. 

8 Section 2662(a)(1) of title 10, Untied States Code, 

9 is amended by adding at the end the following new sub10 paragraph: 

11 ‘‘(H) Any transaction or contract action for the 

12 provision and operation of energy production facili13 ties on real property under the jurisdiction of the 

14 Secretary of a military department, as authorized by 

15 section 2922a(a)(2) of this title, if the term of the 

16 transaction or contract exceeds 20 years.’’. 

17 SEC. 2822. CONTINUATION OF LIMITATION ON USE OF 

18 FUNDS FOR LEADERSHIP IN ENERGY AND EN19 VIRONMENTAL DESIGN (LEED) GOLD OR 

20 PLATINUM CERTIFICATION AND EXPANSION 

21 TO INCLUDE IMPLEMENTATION OF ASHRAE 

22 BUILDING STANDARD 189.1. 

23 Section 2830(b) of the Military Construction Author24 ization Act for Fiscal Year 2012 (division B of Public Law 

25 112–81; 125 Stat. 1695) is amended— 


smartinez on DSK6TPTVN1PROD with BILLS
1006 

HR 4310 RFS

1 (1) in the subsection heading, by inserting after 

2 ‘‘AND ASHRAE IMPLEMENTATION’’ after ‘‘CERTIFI3 CATION’’; and 

4 (2) in paragraph (1)— 

5 (A) by striking ‘‘authorized to be’’; 

6 (B) by striking ‘‘by this Act’’; 

7 (C) by inserting ‘‘or 2013’’ after ‘‘fiscal 

8 year 2012’’; and 

9 (D) by inserting before the period at the 

10 end the following: ‘‘and implementing ASHRAE 

11 building standard 189.1’’. 

12 SEC. 2823. AVAILABILITY AND USE OF DEPARTMENT OF DE13 FENSE ENERGY COST SAVINGS TO PROMOTE 

14 ENERGY SECURITY. 

15 Section 2912(b)(1) of title 10, United States Code, 

16 is amended by inserting after ‘‘additional energy conserva17 tion’’ the following: ‘‘and energy security’’. 

18 SEC. 2824. DEFINITION OF RENEWABLE ENERGY SOURCE 

19 FOR DEPARTMENT OF DEFENSE ENERGY SE20 CURITY. 

21 Section 2924(7)(A) of title 10, United States Code, 

22 is amended by inserting before the period at the end the 

23 following: ‘‘and direct solar renewable energy’’. 


smartinez on DSK6TPTVN1PROD with BILLS
1007 

HR 4310 RFS

1 Subtitle D—Provisions Related to 

2 Guam Realignment 

3 SEC. 2831. USE OF OPERATION AND MAINTENANCE FUND4 ING TO SUPPORT COMMUNITY ADJUSTMENTS 

5 RELATED TO REALIGNMENT OF MILITARY IN6 STALLATIONS AND RELOCATION OF MILI7 TARY PERSONNEL ON GUAM. 

8 (a) TEMPORARY ASSISTANCE AUTHORIZED.— 

9 (1) ASSISTANCE TO GOVERNMENT OF GUAM.— 

10 Using funds made available under subsection (c), the 

11 Secretary of Defense may assist the Government of 

12 Guam in meeting the costs of providing increased 

13 municipal services and facilities required as a result 

14 of the realignment of military installations and the 

15 relocation of military personnel on Guam (in this 

16 section referred to as the ‘‘Guam realignment’’) if 

17 the Secretary determines that an unfair and exces18 sive financial burden will be incurred by the Govern19 ment of Guam to provide the services and facilities 

20 in the absence of the Department of Defense assist21 ance. 

22 (2) MITIGATION OF IDENTIFIED IMPACTS.—The 

23 Secretary of Defense may take such actions as the 

24 Secretary considers to be appropriate to mitigate the 

25 significant impacts identified in the Record of DeciVerDate Mar 15 2010 01:00 Jun 20, 2012 Jkt 019200 PO 00000 Frm 01007 Fmt 6652 Sfmt 6201 E:\BILLS\H4310.RFS H4310

smartinez on DSK6TPTVN1PROD with BILLS
1008 

HR 4310 RFS

1 sion of the ‘‘Guam and CNMI Military Relocation 

2 Environmental Impact Statement’’ by providing in3 creased municipal services and facilities to activities 

4 that directly support the Guam realignment. 

5 (b) METHODS OF PROVIDING ASSISTANCE.— 

6 (1) USE OF EXISTING PROGRAMS.—The Sec7 retary of Defense shall carry out subsection (a) 

8 through existing Federal programs supporting the 

9 Government of Guam and the Guam realignment, 

10 whether or not the programs are administered by 

11 the Department of Defense or another Federal agen12 cy. 

13 (2) COST SHARE ASSISTANCE.—The Secretary 

14 may assist the Government of Guam to any cost15 sharing obligation imposed on the Government of 

16 Guam under any Federal program utilized by the 

17 Secretary under paragraph (1). 

18 (c) SOURCE OF FUNDS.— 

19 (1) TRANSFER AUTHORITY.—To the extent nec20 essary to carry out subsection (a), the Secretary is 

21 authorized to transfer funds made available in fiscal 

22 year 2013 to the Department of Defense or a mili23 tary department for operation and maintenance to a 

24 different account of the Department of Defense or 

25 another Federal agency in order to make funds 


smartinez on DSK6TPTVN1PROD with BILLS
1009 

HR 4310 RFS

1 available to the Government of Guam under a Fed2 eral program utilized by the Secretary under sub3 section (b)(1). Amounts so transferred shall be 

4 merged with the appropriation to which transferred 

5 and shall be available only for the purpose of assist6 ing the Government of Guam as described in sub7 section (a). 

8 (2) ADDITIONAL AUTHORITY.—The transfer au9 thority provided by paragraph (1) is in addition to 

10 the transfer authority provided by section 1001. 

11 (d) PROGRESS REPORTS REQUIRED.—The Secretary 

12 of Defense shall submit to the Committees on Armed Serv13 ices of the Senate and the House of Representatives semi14 annual reports indicating the total amount expended 

15 under the authority of this section during the preceding 

16 six-month period, the specific projects for which assistance 

17 was provided during such period, and the total amount 

18 provided for each project during such period. 

19 (e) TERMINATION.—The authority to provide assist20 ance under this section expires September 30, 2020. 

21 Amounts obligated on or before that date may be expended 

22 after that date. 


smartinez on DSK6TPTVN1PROD with BILLS
1010 

HR 4310 RFS

1 SEC. 2832. CERTIFICATION OF MILITARY READINESS NEED 

2 FOR FIRING RANGE ON GUAM AS CONDITION 

3 ON ESTABLISHMENT OF RANGE. 

4 A firing range on Guam may not be established (in5 cluding any construction or lease of lands related to such 

6 establishment) until the Secretary of Defense certifies to 

7 the congressional defense committees that there is a na8 tional security need for the firing range related to readi9 ness of the Armed Forces assigned to the United States 

10 Pacific Command. 

11 SEC. 2833. REPEAL OF CONDITIONS ON USE OF FUNDS FOR 

12 GUAM REALIGNMENT. 

13 Section 2207(a) of the Military Construction Author14 ization Act for Fiscal Year 2012 (division B of Public Law 

15 112–81; 125 Stat. 1668) is amended— 

16 (1) in paragraph (2), by inserting ‘‘and’’ after 

17 the semicolon; 

18 (2) by striking paragraphs (3) and (4); and 

19 (3) by redesignating paragraph (5) as para20 graph (3). 

21 Subtitle E—Land Conveyances 

22 SEC. 2841. MODIFICATION TO AUTHORIZED LAND CONVEY23 ANCE AND EXCHANGE, JOINT BASE ELMEN24 DORF RICHARDSON, ALASKA. 

25 (a) CHANGE IN OFFICER AUTHORIZED TO CARRY

26 OUT CONVEYANCES.—Subsection (a) of section 2851 of 


smartinez on DSK6TPTVN1PROD with BILLS
1011 

HR 4310 RFS

1 the Military Construction Authorization Act for Fiscal 

2 Year 2012 (division B of Public Law 112–81; 125 Stat. 

3 1697) is amended— 

4 (1) in paragraph (1), by striking ‘‘The Sec5 retary of the Air Force may, in consultation with the 

6 Secretary of the Interior’’ and inserting ‘‘The Sec7 retary of the Interior may, in consultation with the 

8 Secretary of the Air Force’’; and 

9 (2) in paragraph (2)— 

10 (A) by striking ‘‘The Secretary of the Air 

11 Force may, in consultation with the Secretary 

12 of the Interior, upon terms mutually agreeable 

13 to the Secretary of the Air Force’’ and inserting 

14 ‘‘The Secretary of the Interior may, in con15 sultation with the Secretary of the Air Force, 

16 upon terms mutually agreeable to the Secretary 

17 of the Interior’’; and 

18 (B) by striking ‘‘in consultation with the 

19 Secretary of the Interior’’ the second place it 

20 appears and inserting ‘‘in consultation with the 

21 Secretary of the Air Force’’. 

22 (b) CONFORMING AMENDMENTS.—Such section is 

23 further amended— 

24 (1) in subsection (a)(3), by inserting ‘‘of the In25 terior’’ after ‘‘Secretary’’; 


smartinez on DSK6TPTVN1PROD with BILLS
1012 

HR 4310 RFS

1 (2) in subsection (c)— 

2 (A) in paragraph (1)— 

3 (i) by striking ‘‘The Secretary of the 

4 Air Force’’ and inserting ‘‘The Secretary 

5 of the Interior’’; 

6 (ii) by striking ‘‘the Secretary’’ the 

7 first place it appears and inserting ‘‘the 

8 Secretary of the Interior and the Secretary 

9 of the Air Force’’; and 

10 (iii) by striking ‘‘the Secretary’’ in 

11 each other place it appears and inserting 

12 ‘‘the Secretaries’’; and 

13 (B) in paragraph (2), by striking ‘‘the Sec14 retary’’ and inserting ‘‘the Secretaries’’; and 

15 (3) in subsections (e) and (f), by inserting ‘‘of 

16 the Interior’’ after ‘‘Secretary’’. 

17 (c) TECHNICAL AMENDMENT.—Subsection (a)(1) of 

18 such section is further amended by striking ‘‘JBER’’ and 

19 inserting ‘‘Joint Base Elmendorf Richardson, Alaska (in 

20 this section referred to as ‘JBER’),’’. 


smartinez on DSK6TPTVN1PROD with BILLS
1013 

HR 4310 RFS

1 SEC. 2842. MODIFICATION OF FINANCING AUTHORITY, 

2 BROADWAY COMPLEX OF THE DEPARTMENT 

3 OF THE NAVY, SAN DIEGO, CALIFORNIA. 

4 Subsection (a) of section 2732 of the Military Con5 struction Authorization Act, 1987 (division B of Public 

6 99–661; 100 Stat. 4046) is amended to read as follows: 

7 ‘‘(a) IN GENERAL.—(1) Subject to subsections (b) 

8 through (g), the Secretary of the Navy may enter into 

9 long-term leases of real property located within the Broad10 way Complex of the Department of the Navy, San Diego, 

11 California. 

12 ‘‘(2) Subject to subsections (b) through (g), the Sec13 retary may assist any lessee of real property described in 

14 paragraph (1) in financing the construction by the lessee 

15 of any facility on such real property or otherwise within 

16 the boundaries of the metropolitan San Diego, California, 

17 area.’’. 

18 SEC. 2843. LAND CONVEYANCE, JOHN KUNKEL ARMY RE19 SERVE CENTER, WARREN, OHIO. 

20 (a) CONVEYANCE AUTHORIZED.—The Secretary of 

21 the Army may convey, without consideration, to the Vil22 lage of Lordstown, Ohio (in this section referred to as the 

23 ‘‘Village’’), all right, title, and interest of the United 

24 States in and to a parcel of real property, including any 

25 improvements thereon, consisting of approximately 6.95 

26 acres and containing the John Kunkel Army Reserve CenVerDate Mar 15 2010 01:00 Jun 20, 2012 Jkt 019200 PO 00000 Frm 01013 Fmt 6652 Sfmt 6201 E:\BILLS\H4310.RFS H4310

smartinez on DSK6TPTVN1PROD with BILLS
1014 

HR 4310 RFS

1 ter located at 4967 Tod Avenue in Warren, Ohio, for the 

2 purpose of permitting the Village to use the parcel for 

3 public purposes. 

4 (b) INTERIM LEASE.—Until such time as the real 

5 property described in subsection (a) is conveyed to the Vil6 lage, the Secretary may lease the property to the Village. 

7 (c) PAYMENT OF COSTS OF CONVEYANCE.— 

8 (1) PAYMENT REQUIRED.—The Secretary shall 

9 require the Village to cover costs (except costs for 

10 environmental remediation of the property) to be in11 curred by the Secretary, or to reimburse the Sec12 retary for such costs incurred by the Secretary, to 

13 carry out the conveyance under subsection (a), in14 cluding survey costs, costs for environmental docu15 mentation, and any other administrative costs re16 lated to the conveyance. If amounts are collected 

17 from the Village in advance of the Secretary incur18 ring the actual costs, and the amount collected ex19 ceeds the costs actually incurred by the Secretary to 

20 carry out the conveyance, the Secretary shall refund 

21 the excess amount to the Village. 

22 (2) TREATMENT OF AMOUNTS RECEIVED.— 

23 Amounts received as reimbursement under para24 graph (1) shall be credited to the fund or account 

25 that was used to cover those costs incurred by the 


smartinez on DSK6TPTVN1PROD with BILLS
1015 

HR 4310 RFS

1 Secretary in carrying out the conveyance. Amounts 

2 so credited shall be merged with amounts in such 

3 fund or account, and shall be available for the same 

4 purposes, and subject to the same conditions and 

5 limitations, as amounts in such fund or account. 

6 (d) CONDITIONS OF CONVEYANCE.—The conveyance 

7 of the real property under subsection (a) shall be subject 

8 to the following conditions: 

9 (1) That the Village not use any Federal funds 

10 to cover any portion of the conveyance costs required 

11 by subsection (c) to be paid by the Village or to 

12 cover the costs for the design or construction of any 

13 facility on the property. 

14 (2) That the Village begin using the property 

15 for public purposes before the end of the five-year 

16 period beginning on the date of conveyance. 

17 (e) DESCRIPTION OF PROPERTY.—The exact acreage 

18 and legal description of the property to be conveyed under 

19 subsection (a) shall be determined by a survey satisfactory 

20 to the Secretary. 

21 (f) ADDITIONAL TERMS.—The Secretary may require 

22 such additional terms and conditions in connection with 

23 the conveyance as the Secretary considers appropriate to 

24 protect the interests of the United States. 


smartinez on DSK6TPTVN1PROD with BILLS
1016 

HR 4310 RFS

1 SEC. 2844. LAND CONVEYANCE, CASTNER RANGE, FORT 

2 BLISS, TEXAS. 

3 (a) CONVEYANCE AUTHORIZED.— 

4 (1) CONVEYANCE AUTHORITY.—The Secretary 

5 of the Army may convey, without consideration, to 

6 the Parks and Wildlife Department of the State of 

7 Texas (in this section referred to as the ‘‘Depart8 ment’’) all right, title, and interest of the United 

9 States in and to a parcel of real property, including 

10 any improvements thereon, consisting of approxi11 mately 7,081 acres at Fort Bliss, Texas, for the pur12 pose of permitting the Department to establish and 

13 operate a park as an element of the Franklin Moun14 tains State Park. 

15 (2) PIECEMEAL CONVEYANCES.—In anticipa16 tion of the conveyance of the entire parcel of real 

17 property described in paragraph (1), the Secretary 

18 may subdivide the parcel and convey to the Depart19 ment portions of the real property as the Secretary 

20 determines that the condition of the real property is 

21 compatible with the Department’s intended use of 

22 the property. 

23 (b) REVERSIONARY INTEREST.—If the Secretary de24 termines at any time that the real property conveyed 

25 under subsection (a) is not being used in accordance with 

26 the purpose of the conveyance, all right, title, and interest 


smartinez on DSK6TPTVN1PROD with BILLS
1017 

HR 4310 RFS

1 in and to such real property, including any improvements 

2 thereto, shall, at the option of the Secretary, revert to and 

3 become the property of the United States, and the United 

4 States shall have the right of immediate entry onto such 

5 real property. A determination by the Secretary under this 

6 subsection shall be made on the record after an oppor7 tunity for a hearing. 

8 (c) PAYMENT OF COSTS OF CONVEYANCES.— 

9 (1) PAYMENT REQUIRED.—The Secretary shall 

10 require the Department to cover costs to be incurred 

11 by the Secretary, or to reimburse the Secretary for 

12 costs incurred by the Secretary, to carry out the 

13 land conveyance under this section, including survey 

14 costs, costs related to environmental documentation, 

15 and other administrative costs related to the convey16 ance. If amounts are collected from the Department 

17 in advance of the Secretary incurring the actual 

18 costs, and the amount collected exceeds the costs ac19 tually incurred by the Secretary to carry out the 

20 land exchange, the Secretary shall refund the excess 

21 amount to Department. This paragraph does not 

22 apply to costs associated with the environmental re23 mediation of the property to be conveyed. 

24 (2) TREATMENT OF AMOUNTS RECEIVED.— 

25 Amounts received as reimbursements under paraVerDate Mar 15 2010 01:00 Jun 20, 2012 Jkt 019200 PO 00000 Frm 01017 Fmt 6652 Sfmt 6201 E:\BILLS\H4310.RFS H4310

smartinez on DSK6TPTVN1PROD with BILLS
1018 

HR 4310 RFS

1 graph (1) shall be credited to the fund or account 

2 that was used to cover the costs incurred by the Sec3 retary in carrying out the land exchange. Amounts 

4 so credited shall be merged with amounts in such 

5 fund or account and shall be available for the same 

6 purposes, and subject to the same conditions and 

7 limitations, as amounts in such fund or account. 

8 (c) DESCRIPTION OF PROPERTY.—The exact acreage 

9 and legal descriptions of the parcels of real property to 

10 be conveyed under subsection (a) shall be determined by 

11 a survey satisfactory to the Secretary. 

12 (d) ADDITIONAL TERMS AND CONDITIONS.—The 

13 Secretary may require such additional terms and condi14 tions in connection with the conveyances under subsection 

15 (a) as the Secretary considers appropriate to protect the 

16 interests of the United States. 

17 SEC. 2845. MODIFICATION OF LAND CONVEYANCE, FORT 

18 HOOD, TEXAS. 

19 Section 2848(a) of the Military Construction Author20 ization Act for Fiscal Year 2005 (division B of Public Law 

21 108–375; 118 Stat. 2140) is amended by striking ‘‘for the 

22 sole purpose’’ and all that follows through ‘‘Central 

23 Texas.’’ and inserting the following: ‘‘for the purpose of 

24 permitting the University System to use the property— 


smartinez on DSK6TPTVN1PROD with BILLS
1019 

HR 4310 RFS

1 ‘‘(1) for the establishment of a State-supported 

2 university, separate from other universities of the 

3 University System, designated as Texas A&M Uni4 versity, Central Texas; and 

5 ‘‘(2) for such other educational and related pur6 poses as the University System considers to be ap7 propriate and the Secretary of the Army determines 

8 to be compatible with military activities in the vicin9 ity of the property.’’. 

10 SEC. 2846. TRANSFER OF ADMINISTRATIVE JURISDICTION, 

11 FORT LEE MILITARY RESERVATION AND PE12 TERSBURG NATIONAL BATTLEFIELD, VIR13 GINIA. 

14 (a) TRANSFER OF ADMINISTRATIVE JURISDICTION

15 FROM SECRETARY OF THE ARMY.—The Secretary of the 

16 Army shall transfer to the Secretary of the Interior, with17 out reimbursement, administrative jurisdiction over a par18 cel of land at Fort Lee Military Reservation consisting of 

19 approximately 1.171 acres and depicted as ‘‘Area to be 

20 transferred to Petersburg National Battlefield’’ on the 

21 map titled ‘‘Petersburg National Battlefield Proposed 

22 Transfer of Administrative Jurisdiction’’, numbered 325/ 

23 80,801A, and dated May 2011. The Secretary of the Inte24 rior shall include the land transferred under this sub25 section within the boundary of Petersburg National BatVerDate Mar 15 2010 01:00 Jun 20, 2012 Jkt 019200 PO 00000 Frm 01019 Fmt 6652 Sfmt 6201 E:\BILLS\H4310.RFS H4310

smartinez on DSK6TPTVN1PROD with BILLS
1020 

HR 4310 RFS

1 tlefield and administer the land as part of the park in ac2 cordance with laws and regulations applicable to the park. 

3 (b) TRANSFER OF ADMINISTRATIVE JURISDICTION

4 TO SECRETARY OF THE ARMY.—The Secretary of the In5 terior shall transfer to the Secretary of the Army, without 

6 reimbursement, administrative jurisdiction over a parcel 

7 of land consisting of approximately 1.170 acres and de8 picted as ‘‘Area to be transferred to Fort Lee Military 

9 Reservation’’ on the map referred to in subsection (a). 

10 (c) AVAILABILITY OF MAP.—The map referred to in 

11 subsection (a) shall be available for public inspection in 

12 the appropriate offices of the National Park Service. 

13 Subtitle F—Other Matters 

14 SEC. 2861. INCLUSION OF RELIGIOUS SYMBOLS AS PART OF 

15 MILITARY MEMORIALS. 

16 (a) AUTHORITY.—Chapter 21 of title 36, United 

17 States Code, is amended by adding at the end the fol18 lowing new section: 

19 ‘‘§ 2115. Inclusion of religious symbols as part of mili20 tary memorials 

21 ‘‘(a) INCLUSION OF RELIGIOUS SYMBOLS AUTHOR22 IZED.—To recognize the religious background of members 

23 of the United States Armed Forces, religious symbols may 

24 be included as part of— 


smartinez on DSK6TPTVN1PROD with BILLS
1021 

HR 4310 RFS

1 ‘‘(1) a military memorial that is established or 

2 acquired by the United States Government; or 

3 ‘‘(2) a military memorial that is not established 

4 by the United States Government, but for which the 

5 American Battle Monuments Commission cooperated 

6 in the establishment of the memorial. 

7 ‘‘(b) MILITARY MEMORIAL DEFINED.—In this sec8 tion, the term ‘military memorial’ means a memorial or 

9 monument commemorating the service of the United 

10 States Armed Forces. The term includes works of archi11 tecture and art described in section 2105(b) of this title.’’. 

12 (b) CLERICAL AMENDMENT.—The table of sections 

13 at the beginning of such chapter is amended by adding 

14 at the end the following new item: 

‘‘2115. Inclusion of religious symbols as part of military memorials.’’. 

15 SEC. 2862. REDESIGNATION OF THE CENTER FOR HEMI16 SPHERIC DEFENSE STUDIES AS THE WILLIAM 

17 J. PERRY CENTER FOR HEMISPHERIC DE18 FENSE STUDIES. 

19 (a) REDESIGNATION.—The Department of Defense 

20 regional center for security studies known as the Center 

21 for Hemispheric Defense Studies is hereby renamed the 

22 ‘‘William J. Perry Center for Hemispheric Defense Stud23 ies’’. 

24 (b) CONFORMING AMENDMENTS.—(1) Section 184 of 

25 title 10, United States Code, is amended— 


smartinez on DSK6TPTVN1PROD with BILLS
1022 

HR 4310 RFS

1 (A) in subsection (b)(2)(C), by striking ‘‘The 

2 Center for Hemispheric Defense Studies’’ and in3 serting ‘‘The William J. Perry Center for Hemi4 spheric Defense Studies’’; and 

5 (B) in subsection (f)(5), by striking ‘‘the Center 

6 for Hemispheric Defense Studies’’ and inserting 

7 ‘‘the William J. Perry Center for Hemispheric De8 fense Studies’’. 

9 (2) Section 2611(a)(2)(C) of such title is amended 

10 by striking ‘‘The Center for Hemispheric Defense Stud11 ies.’’ and inserting ‘‘The William J. Perry Center for 

12 Hemispheric Defense Studies.’’. 

13 (c) REFERENCES.—Any reference to the Department 

14 of Defense Center for Hemispheric Defense Studies in any 

15 law, regulation, map, document, record, or other paper of 

16 the United States shall be deemed to be a reference to 

17 the William J. Perry Center for Hemispheric Defense 

18 Studies. 

19 SEC. 2863. SENSE OF CONGRESS REGARDING ESTABLISH20 MENT OF MILITARY DIVERS MEMORIAL AT 

21 WASHINGTON NAVY YARD. 

22 It is the sense of Congress that the Secretary of the 

23 Navy should provide an appropriate site at the former 

24 Navy Dive School at the Washington Navy Yard for a me25 morial, to be paid for with private funds, to honor the 


smartinez on DSK6TPTVN1PROD with BILLS
1023 

HR 4310 RFS

1 members of the Armed Forces who have served as divers 

2 and whose service in defense of the United States has been 

3 carried out beneath the waters of the world, so long as 

4 the Secretary of the Navy has exclusive authority to ap5 prove the design and site of the memorial. 

6 SEC. 2864. GOLD STAR MOTHERS NATIONAL MONUMENT, 

7 ARLINGTON NATIONAL CEMETERY. 

8 (a) ESTABLISHMENT.—The Secretary of the Army 

9 shall permit the Gold Star Mothers National Monument 

10 Foundation (a nonprofit corporation established under the 

11 laws of the District of Columbia) to establish an appro12 priate monument in Arlington National Cemetery or on 

13 Federal land in its environs under the jurisdiction of the 

14 Department of the Army to commemorate the sacrifices 

15 made by mothers, and made by their sons and daughters 

16 who as members of the Armed Forces make the ultimate 

17 sacrifice, in defense of the United States. The monument 

18 shall be known as the ‘‘Gold Star Mothers National Monu19 ment’’. 

20 (b) PAYMENT OF EXPENSES.—The Gold Star Moth21 ers National Monument Foundation shall be solely respon22 sible for acceptance of contributions for, and payment of 

23 the expenses of, the establishment of the monument, and 

24 no Federal funds may be used to pay such expenses. 


smartinez on DSK6TPTVN1PROD with BILLS
1024 

HR 4310 RFS

1 SEC. 2865. NAMING OF TRAINING AND SUPPORT COMPLEX, 

2 FORT BRAGG, NORTH CAROLINA. 

3 (a) NAMING.—The complex located on Fort Bragg, 

4 North Carolina, currently referred to as ‘‘Patriot Point’’, 

5 shall be known and designated as the ‘‘Colonel Robert 

6 Howard Training and Support Complex’’. 

7 (b) REFERENCES.—Any reference in a law, map, reg8 ulation, document, paper, or other record of the United 

9 States to the complex referred to in subsection (a) shall 

10 be deemed to be a reference to the ‘‘Colonel Robert How11 ard Training and Support Complex’’. 

12 SEC. 2866. NAMING OF ELECTROCHEMISTRY ENGINEERING 

13 FACILITY, NAVAL SUPPORT ACTIVITY CRANE, 

14 CRANE, INDIANA. 

15 (a) NAMING.—The electrochemistry engineering facil16 ity on Naval Support Activity Crane, Crane, Indiana, shall 

17 be known and designated as the ‘‘John Hostettler Electro18 chemistry Engineering Facility’’. 

19 (b) REFERENCES.—Any reference in a law, map, reg20 ulation, document, paper, or other record of the United 

21 States to the facility referred to in subsection (a) shall 

22 be deemed to be a reference to the ‘‘John Hostettler Elec23 trochemistry Engineering Facility’’. 


smartinez on DSK6TPTVN1PROD with BILLS
1025 

HR 4310 RFS

1 SEC. 2867. RETENTION OF CORE FUNCTIONS OF THE ELEC2 TRONIC SYSTEMS CENTER AT HANSCOM AIR 

3 FORCE BASE, MASSACHUSETTS. 

4 The Secretary of the Air Force shall retain the core 

5 functions of the Electronic Systems Center at Hanscom 

6 Air Force Base, Massachusetts, with the same integrated 

7 mission elements, responsibilities, and capabilities as ex8 isted as of November 1, 2011, until such time as such 

9 integrated mission elements, responsibilities, and capabili10 ties are modified pursuant to section 2687 of title 10, 

11 United States Code, or a subsequent law providing for the 

12 closure or realignment of military installations in the 

13 United States. 

14 SEC. 2868. RETENTION OF CORE FUNCTIONS OF THE AIR 

15 FORCE MATERIEL COMMAND, WRIGHT-PAT16 TERSON AIR FORCE BASE, OHIO. 

17 The Secretary of the Air Force shall retain the core 

18 functions of the Air Force Materiel Command that exist 

19 at Wright-Patterson Air Force Base, Ohio, as of Novem20 ber 1, 2011, until such time as such core functions are 

21 modified pursuant to section 2687 of title 10, United 

22 States Code, or a subsequent law providing for the closure 

23 or realignment of military installations in the United 

24 States. 


smartinez on DSK6TPTVN1PROD with BILLS
1026 

HR 4310 RFS

1 SEC. 2869. MASSACHUSETTS INSTITUTE OF TECHNOLOGY— 

2 LINCOLN LABORATORY IMPROVEMENT 

3 PROJECT. 

4 (a) IMPROVEMENT AND MODERNIZATION

5 PROJECT.—The Secretary of the Air Force may enter into 

6 discussions with the Massachusetts Institute of Tech7 nology for a project to improve and modernize the Lincoln 

8 Laboratory complex at Hanscom Air Force Base, Massa9 chusetts. The project may include modifications and addi10 tions to research laboratories, office spaces, and sup11 porting facilities necessary to carry out the mission of the 

12 Lincoln Laboratory as a Federally Funded Research and 

13 Development Center (in this section referred to as 

14 ‘‘FFRDC’’). Supporting facilities under the project may 

15 include infrastructure for utilities. 

16 (b) USE OF FACILITIES.—The right of the Massachu17 setts Institute of Technology to use such facilities and 

18 equipment shall be as provided by the FFRDC Sponsoring 

19 Agreement and FFRDC contract between the Department 

20 of Defense and the Massachusetts Institute of Technology. 

21 (c) RULE OF CONSTRUCTION REGARDING CON22 STRUCTION AUTHORITY.—Nothing in this section shall be 

23 construed to authorize the Secretary of the Air Force to 

24 carry out a construction project at Hanscom Air Force 

25 Base, Massachusetts, unless such project is otherwise au26 thorized by law. 


smartinez on DSK6TPTVN1PROD with BILLS
1027 

HR 4310 RFS

1 (d) ADDITIONAL TERMS AND CONDITIONS.—The 

2 Secretary may require such additional terms and condi3 tions in the FFRDC Sponsoring Agreement and the 

4 FFRDC contract as the Secretary of the Air Force con5 siders appropriate to protect the interests of the United 

6 States. 

7 SEC. 2870. LIMITATION ON AVAILABILITY OF FUNDS PEND8 ING REPORT REGARDING ACQUISITION OF 

9 LAND AND DEVELOPMENT OF A TRAINING 

10 RANGE FACILITY ADJACENT TO THE MARINE 

11 CORPS GROUND AIR COMBAT CENTER TWEN12 TY NINE PALMS, CALIFORNIA. 

13 (a) FINDINGS.—Congress makes the following find14 ings: 

15 (1) The Marine Corps has studied the feasi16 bility of acquiring land and developing a training 

17 range facility to conduct Marine Expeditionary Bri18 gade level live-fire training on or near the West 

19 Coast. 

20 (2) The Bureau of Land management estimates 

21 on national economic impact show $261.5 million in 

22 commerce at risk. 

23 (3) Economic impact on the local community is 

24 estimated to be $71.1 million. 

25 (b) LIMITATION OF FUNDS PENDING REPORT.— 


smartinez on DSK6TPTVN1PROD with BILLS
1028 

HR 4310 RFS

1 (1) IN GENERAL.—The Secretary of the Navy 

2 may not obligate or expend funds for the transfer of 

3 land or development of a new training range on land 

4 adjacent to the Marine Corps Ground Air Combat 

5 Center Twenty Nine Palms, California until the Sec6 retary of the Navy has provided the Congressional 

7 defense committees a report on the Marine Corps’ 

8 efforts with respect to the proposed training range. 

9 (2) ELEMENTS OF REPORT.—The report re10 quired under paragraph (1) shall be submitted not 

11 later than 90 days after the date of enactment of 

12 this Act and shall include the following: 

13 (A) A description of the actual training re14 quirements for the proposed range and where 

15 those training requirements are currently being 

16 met to support combat deployments. 

17 (B) Identify the impact on off-road vehicle 

18 recreational users of the land, the economic im19 pact on the local economy, the recreation indus20 try, and any other stakeholders. 

21 (C) Identify any concerns discussed with 

22 the Bureau of Land Management regarding 

23 their assessments of the impact on other users. 

24 (D) Identify the impact on the State of 

25 California’s 1980 Desert Conservation plan reVerDate Mar 15 2010 01:00 Jun 20, 2012 Jkt 019200 PO 00000 Frm 01028 Fmt 6652 Sfmt 6201 E:\BILLS\H4310.RFS H4310

smartinez on DSK6TPTVN1PROD with BILLS
1029 

HR 4310 RFS

1 garding allocation of the Off Highway Vehicle 

2 Recreation Areas. 

3 (E) The potential to use the same land 

4 without transfer, but under specific permits for 

5 use provided by the (such as agreements at 

6 other locations under permit from the Forest 

7 Service and Bureau of Land Management). 

8 (F) Any potential on other Bureau of 

9 Land Management lands proximate to the Ma10 rine Corps Ground Air Combat Center Twenty 

11 Nine Palms or other locations in the geographic 

12 region. 

13 (3) SECRETARY OF DEFENSE WAIVER.—In the 

14 event of urgent national need, the Secretary of De15 fense may notify the Congressional Committees and 

16 waive the requirement for this report. 

17 SEC. 2871. RETENTION OF CORE FUNCTIONS OF THE AIR 

18 TRAFFIC CONTROL STATION, JOHNSTOWN 

19 AIR NATIONAL GUARD BASE, PENNSYLVANIA. 

20 The Secretary of the Air Force shall retain the core 

21 functions of the Air Traffic Control Station at Johnstown 

22 Air National Guard Base, Pennsylvania, with the same in23 tegrated mission elements, responsibilities, and capabili24 ties as existed as of November 1, 2011, until such time 

25 as such integrated mission elements, responsibilities, and 


smartinez on DSK6TPTVN1PROD with BILLS
1030 

HR 4310 RFS

1 capabilities are modified pursuant to section 2687 of title 

2 10, United States Code, or a subsequent law providing for 

3 the closure or realignment of military installations in the 

4 United States. 

5 SEC. 2872. MODIFICATION OF NOTICE REQUIREMENTS IN 

6 ADVANCE OF PERMANENT REDUCTION OF 

7 SIZABLE NUMBERS OF MEMBERS OF THE 

8 ARMED FORCES AT MILITARY INSTALLA9 TIONS. 

10 (a) CALCULATION OF NUMBER OF AFFECTED MEM11 BERS.—Subsection (a) of section 993 of title 10, United 

12 States Code, is amended by adding at the end the fol13 lowing new sentence: ‘‘In calculating the number of mem14 bers to be reduced, the Secretary shall take into consider15 ation both direct reductions and indirect reductions.’’. 

16 (b) NOTICE REQUIREMENTS.—Subsection (b) of such 

17 section is amended by striking paragraphs (1) and (2) and 

18 inserting the following new paragraphs: 

19 ‘‘(1) the Secretary of Defense or the Secretary 

20 of the military department concerned— 

21 ‘‘(A) submits to Congress a notice of the 

22 proposed reduction and the number of military 

23 and civilian personnel assignments affected, in24 cluding reductions in base operations support 


smartinez on DSK6TPTVN1PROD with BILLS
1031 

HR 4310 RFS

1 services and personnel to occur because of the 

2 proposed reduction; and 

3 ‘‘(B) includes in the notice a justification 

4 for the reduction and an evaluation of the costs 

5 and benefits of the reduction and of the local 

6 economic, environmental, strategic, and oper7 ational consequences of the reduction; and 

8 ‘‘(2) a period of 90 days expires following the 

9 day on which the notice is submitted to Congress.’’. 

10 (c) TIME AND FORM OF SUBMISSION OF NOTICE.— 

11 Such section is further amended— 

12 (1) by redesignating subsection (c) as sub13 section (d); and 

14 (2) by inserting after subsection (b) the fol15 lowing new subsection: 

16 ‘‘(c) TIME AND FORM OF SUBMISSION OF NOTICE.— 

17 The notice required by subsections (a) and (b) may be sub18 mitted to Congress only as part of the budget justification 

19 materials submitted by the Secretary of Defense to Con20 gress in support of the budget for a fiscal year submitted 

21 under section 1105 of title 31.’’. 

22 (d) DEFINITIONS.—Such section is further amended 

23 by adding at the end the following new subsection: 

24 ‘‘(e) DEFINITIONS.—In this section: 


smartinez on DSK6TPTVN1PROD with BILLS
1032 

HR 4310 RFS

1 ‘‘(1) The term ‘direct reduction’ means a reduc2 tion involving one or more members of a unit. 

3 ‘‘(2) The term ‘indirect reduction’ means subse4 quent planned reductions or relocations in base oper5 ations support services and personnel able to occur 

6 due to the direct reductions. 

7 ‘‘(3) The term ‘military installation’ means a 

8 base, camp, post, station, yard, center, homeport fa9 cility for any ship, or other activity under the juris10 diction of the Department of Defense, including any 

11 leased facility, which is located within any of the 

12 several States, the District of Columbia, the Com13 monwealth of Puerto Rico, American Samoa, the 

14 Virgin Islands, the Commonwealth of the Northern 

15 Mariana Islands, or Guam. Such term does not in16 clude any facility used primarily for civil works, riv17 ers and harbors projects, or flood control projects. 

18 ‘‘(4) The term ‘unit’ means a unit of the armed 

19 forces at the battalion, squadron, or an equivalent 

20 level (or a higher level).’’. 


smartinez on DSK6TPTVN1PROD with BILLS
1033 

HR 4310 RFS

1 TITLE XXIX—OVERSEAS CONTIN2 GENCY OPERATIONS MILI3 TARY CONSTRUCTION 

4 SEC. 2901. AUTHORIZED NAVY CONSTRUCTION AND LAND 

5 ACQUISITION PROJECTS. 

6 (a) OUTSIDE THE UNITED STATES.—The Secretary 

7 of the Navy may acquire real property and carry out mili8 tary construction projects for the installations or locations 

9 outside the United States, and in the amounts, set forth 

10 in the following table: 

Navy: Outside the United States 

Country Installation or Location Amount 

SW Asia ....................... SW Asia ..................................................... $51,348,000 

Djibouti ........................ Camp Lemonier ......................................... $99,420,000 

11 (b) AUTHORIZATION OF APPROPRIATIONS.—Funds 

12 are hereby authorized to be appropriated for fiscal years 

13 beginning after September 30, 2012, for military con14 struction projects outside the United States authorized by 

15 subsection (a) as specified in the funding table in section 

16 4602. 


smartinez on DSK6TPTVN1PROD with BILLS
1034 

HR 4310 RFS

1 DIVISION C—DEPARTMENT OF 

2 ENERGY NATIONAL SECURITY 

3 AUTHORIZATIONS AND 

4 OTHER AUTHORIZATIONS 

5 TITLE XXXI—DEPARTMENT OF 

6 ENERGY NATIONAL SECURITY 

7 PROGRAMS 

8 Subtitle A—National Security 

9 Programs Authorizations 

10 SEC. 3101. NATIONAL NUCLEAR SECURITY ADMINISTRA11 TION. 

12 (a) AUTHORIZATION OF APPROPRIATIONS.—Funds 

13 are hereby authorized to be appropriated to the Depart14 ment of Energy for fiscal year 2013 for the activities of 

15 the National Nuclear Security Administration in carrying 

16 out programs as specified in the funding table in section 

17 4701. 

18 (b) AUTHORIZATION OF NEW PLANT PROJECTS.— 

19 From funds referred to in subsection (a) that are available 

20 for carrying out plant projects, the Secretary of Energy 

21 may carry out new plant projects for the National Nuclear 

22 Security Administration as follows: 

23 Project 13–D–301, Electrical Infrastruc24 ture Upgrades, Lawrence Livermore National 

25 Laboratory, Livermore, California, and Los AlVerDate Mar 15 2010 01:00 Jun 20, 2012 Jkt 019200 PO 00000 Frm 01034 Fmt 6652 Sfmt 6201 E:\BILLS\H4310.RFS H4310

smartinez on DSK6TPTVN1PROD with BILLS
1035 

HR 4310 RFS

1 amos National Laboratory, Los Alamos, New 

2 Mexico, $23,000,000. 

3 Project 13–D–905, Remote-Handled Low4 Level Waste Disposal Project, Idaho National 

5 Laboratory, $8,890,000. 

6 Project 13–D–904, Kesselring Site Radio7 logical Work and Storage Building, Kesselring 

8 Site, West Milton, New York, $2,000,000. 

9 Project 13–D–903, Kesselring Site Proto10 type Staff Building, Kesselring Site, West Mil11 ton, New York, $14,000,000. 

12 SEC. 3102. DEFENSE ENVIRONMENTAL CLEANUP. 

13 Funds are hereby authorized to be appropriated to 

14 the Department of Energy for fiscal year 2013 for defense 

15 environmental cleanup activities in carrying out programs 

16 as specified in the funding table in section 4701. 

17 SEC. 3103. OTHER DEFENSE ACTIVITIES. 

18 Funds are hereby authorized to be appropriated to 

19 the Department of Energy for fiscal year 2013 for other 

20 defense activities in carrying out programs as specified in 

21 the funding table in section 4701. 

22 SEC. 3104. ENERGY SECURITY AND ASSURANCE. 

23 Funds are hereby authorized to be appropriated to 

24 the Department of Energy for fiscal year 2013 for energy 


smartinez on DSK6TPTVN1PROD with BILLS
1036 

HR 4310 RFS

1 security and assurance programs necessary for national 

2 security as specified in the funding table in section 4701. 

3 Subtitle B—Program Authoriza4 tions, Restrictions, and Limita5 tions 

6 SEC. 3111. AUTHORIZED PERSONNEL LEVELS OF THE OF7 FICE OF THE ADMINISTRATOR. 

8 (a) CAP ON FULL-TIME EQUIVALENT POSITIONS.— 

9 (1) IN GENERAL.—The National Nuclear Secu10 rity Administration Act (50 U.S.C. 2401 et seq.) is 

11 amended by inserting after section 3241 the fol12 lowing new section: 

13 ‘‘SEC. 3241A. AUTHORIZED PERSONNEL LEVELS OF THE OF14 FICE OF THE ADMINISTRATOR. 

15 ‘‘(a) FULL-TIME EQUIVALENT PERSONNEL LEV16 ELS.—(1) Beginning 180 days after the date of the enact17 ment of this section, the total number of employees of the 

18 Office of the Administrator of the Administration may not 

19 exceed 1,730. 

20 ‘‘(2) Beginning October 1, 2014, the total number 

21 of employees of the Office of the Administrator may not 

22 exceed 1,630. 

23 ‘‘(b) COUNTING RULE.—(1) A determination of the 

24 number of employees in the Office of the Administrator 


smartinez on DSK6TPTVN1PROD with BILLS
1037 

HR 4310 RFS

1 under subsection (a) shall be expressed on a full-time 

2 equivalent basis. 

3 ‘‘(2) Except as provided by paragraph (3), in deter4 mining the total number of employees in the Office of the 

5 Administrator under subsection (a), the Administrator 

6 shall count each employee of the Office without regard to 

7 whether the employee is located at the headquarters of the 

8 Administration, a site office of the Administration, a serv9 ice or support center of the Administration, or any other 

10 location. 

11 ‘‘(3) The following employees may not be counted for 

12 purposes of determining the total number of employees in 

13 the Office of the Administrator under subsection (a): 

14 ‘‘(A) Employees of the Office of Naval Reac15 tors. 

16 ‘‘(B) Employees of the Office of Secure Trans17 portation. 

18 ‘‘(C) Members of the Armed Forces detailed to 

19 the Administration. 

20 ‘‘(c) VOLUNTARY EARLY RETIREMENT.—In accord21 ance with section 3523 of title 5, United States Code, the 

22 Administrator may offer voluntary separation or retire23 ment incentives to meet the total number of employees au24 thorized under subsection (a). 


smartinez on DSK6TPTVN1PROD with BILLS
1038 

HR 4310 RFS

1 ‘‘(d) WORK PLACEMENT PROGRAM.—The Adminis2 trator shall establish a work placement program to assist 

3 employees of the Administration who are separated from 

4 service pursuant to this section find new employment.’’. 

5 (2) CLERICAL AMENDMENT.—The table of con6 tents at the beginning of the National Nuclear Secu7 rity Administration Act is amended by inserting 

8 after the item relating to section 3241 the following 

9 new item: 

‘‘Sec. 3241A. Authorized personnel levels of the Office of the Administrator.’’. 

10 (b) INCREASE IN EXCEPTED POSITIONS.—Section 

11 3241 of the National Nuclear Security Administration Act 

12 (50 U.S.C. 2441) is amended by striking ‘‘300’’ and in13 serting ‘‘450’’. 

14 (c) REPORTS.— 

15 (1) REPORT.—Not later than 180 days after 

16 the date of the enactment of this Act, the Adminis17 trator for Nuclear Security shall submit to the con18 gressional defense committees a report— 

19 (A) describing the criteria and processes 

20 used to implement the personnel levels required 

21 by section 3241A of the National Nuclear Secu22 rity Administration Act, as added by subsection 

23 (a); 

24 (B) detailing the realized and expected cost 

25 savings within the Office of the Administrator 


smartinez on DSK6TPTVN1PROD with BILLS
1039 

HR 4310 RFS

1 and the nuclear security enterprise resulting 

2 from such personnel reductions and the transi3 tion to performance-based governance, manage4 ment, and oversight pursuant to section 3265 

5 of such Act, as added by section 3113; 

6 (C) describing any impacts such personnel 

7 reductions have had or will have on the ability 

8 of the Administration to perform the mission of 

9 the Administration safely, securely, effectively, 

10 and efficiently; 

11 (D) assessing various levels of further per12 sonnel reductions, including reductions of 10 

13 percent, 15 percent, and 50 percent, on the 

14 ability of the Administration to perform the 

15 mission of the Administration safely, securely, 

16 effectively, and efficiently; 

17 (E) recommending any further efficiencies 

18 and personnel reductions that should be made 

19 as a result of such transition pursuant to such 

20 section 3265, including an implementation plan 

21 and schedule for achieving such efficiencies and 

22 reductions; and 

23 (F) assessing the salary and wage struc24 ture of the Office of the Administrator and the 

25 management and operating contractors of the 


smartinez on DSK6TPTVN1PROD with BILLS
1040 

HR 4310 RFS

1 nuclear security enterprise, as well as the status 

2 and effectiveness of contractor assurance sys3 tems across the nuclear security enterprise. 

4 (2) ASSESSMENT.—Not later than 180 days 

5 after the date on which the report under paragraph 

6 (1) is submitted, the Comptroller General of the 

7 United States shall submit to the congressional de8 fense committees an assessment of such report. 

9 SEC. 3112. BUDGET JUSTIFICATION MATERIALS. 

10 Section 3251(b) of the National Nuclear Security Ad11 ministration Act (50 U.S.C. 2451) is amended— 

12 (1) by striking ‘‘In the’’ and inserting ‘‘(1) In 

13 the’’; and 

14 (2) by adding at the end the following new 

15 paragraph: 

16 ‘‘(2) In the budget justification materials submitted 

17 to Congress in support of each such budget, the Adminis18 trator shall include an assessment of how the budget 

19 maintains the core nuclear weapons skills of the Adminis20 tration, including nuclear weapons design, engineering, 

21 production, testing, and prediction of stockpile aging.’’. 

22 SEC. 3113. CONTRACTOR GOVERNANCE, OVERSIGHT, AND 

23 ACCOUNTABILITY. 

24 (a) OVERSIGHT OF CONTRACTORS.— 


smartinez on DSK6TPTVN1PROD with BILLS
1041 

HR 4310 RFS

1 (1) IN GENERAL.—The National Nuclear Secu2 rity Administration Act (50 U.S.C. 2401 et seq.) is 

3 amended by adding after section 3264 the following 

4 new section: 

5 ‘‘SEC. 3265. CONTRACTOR GOVERNANCE, OVERSIGHT, AND 

6 ACCOUNTABILITY. 

7 ‘‘(a) PERFORMANCE-BASED CONTRACTOR GOVERN8 ANCE, MANAGEMENT, AND OVERSIGHT.—(1) The Admin9 istrator shall establish a system of governance, manage10 ment, and oversight of covered contractors. 

11 ‘‘(2) The system established under paragraph (1) 

12 shall— 

13 ‘‘(A) include clear, consistent, and auditable 

14 performance-based standards relating to the mission 

15 effectiveness and operations of a covered contractor; 

16 ‘‘(B) ensure that the governance, management, 

17 and oversight of the mission effectiveness and oper18 ations of a covered contractor is conducted pursuant 

19 to national and international standards and best 

20 practices; 

21 ‘‘(C) recognize the respective roles of— 

22 ‘‘(i) the Federal Government in deter23 mining the performance-based standards with 

24 respect to high-level mission and operations per25 formance objectives; and 


smartinez on DSK6TPTVN1PROD with BILLS
1042 

HR 4310 RFS

1 ‘‘(ii) a covered contractor, particularly a 

2 contractor that is a federally funded research 

3 and development corporation, in determining 

4 how to accomplish such objectives; 

5 ‘‘(D) conduct oversight based on outcomes and 

6 performance-based standards rather than detailed, 

7 transaction-based oversight; and 

8 ‘‘(E) include appropriate measures to ensure 

9 that the Administrator has accurate and consistent 

10 data and information to manage and make decisions 

11 with respect to the nuclear security enterprise. 

12 ‘‘(3)(A) The Administrator may exempt individual 

13 areas of governance, management, and oversight from the 

14 requirements of the system established under paragraph 

15 (1) and continue to conduct transaction-based oversight 

16 if the Administrator determines that such exemption is 

17 necessary to ensure the national security or the safety, se18 curity, or performance of the Administration. 

19 ‘‘(B) If the Administrator makes an exemption under 

20 subparagraph (A), the Administrator shall annually sub21 mit to the congressional defense committees a certification 

22 for each such exemption, including a description of why 

23 such exemption is needed. 

24 ‘‘(C) During the three-year period beginning on the 

25 date of the enactment of this section, the Administrator 


smartinez on DSK6TPTVN1PROD with BILLS
1043 

HR 4310 RFS

1 may temporarily exempt individual facilities or contractors 

2 from the system established under paragraph (1) and con3 tinue to conduct transaction-based oversight if the Admin4 istrator determines that such exemption is needed to en5 sure that robust contractor assurance, accountability, and 

6 performance-based oversight mechanisms are in place for 

7 such facility or contractor. 

8 ‘‘(D) If the Administrator makes an exemption under 

9 subparagraph (C), the Administrator shall annually sub10 mit to the congressional defense committees a written jus11 tification for such exemption and a plan and schedule to 

12 transition the exempted facility or contractor to the sys13 tem established under paragraph (1). 

14 ‘‘(b) CONTRACTOR ACCOUNTABILITY.—The Adminis15 trator shall— 

16 ‘‘(1) ensure that each management and oper17 ating contract includes robust mechanisms to ensure 

18 the accountability of a covered contractor; and 

19 ‘‘(2) exercise such mechanisms as the Adminis20 trator determines appropriate to ensure the perform21 ance of the covered contractor. 

22 ‘‘(c) DEFINITIONS.—In this section: 

23 ‘‘(1) The term ‘covered contractor’ means a 

24 contractor who enters into a management and oper25 ating contract. 


smartinez on DSK6TPTVN1PROD with BILLS
1044 

HR 4310 RFS

1 ‘‘(2) The term ‘management and operating con2 tract’ means a contract entered into by the Adminis3 trator and a contractor to manage and operate a 

4 Government-owned, contractor-operated facility. 

5 ‘‘(3) The term ‘performance-based standards’, 

6 with respect to a covered contract, means that the 

7 contract includes the use of performance work state8 ments that set forth contract requirements in clear, 

9 specific, and objective terms with measurable out10 comes.’’. 

11 (2) CLERICAL AMENDMENT.—The table of con12 tents at the beginning of the National Nuclear Secu13 rity Administration Act is amended by inserting 

14 after the item relating to section 3264 the following 

15 new item: 

‘‘Sec. 3265. Contractor governance, oversight, and accountability.’’. 

16 (b) REPORTS.—Not later than January 15, 2013, 

17 and each year thereafter through 2016, the Administrator 

18 shall submit to the congressional defense committees a re19 port that includes— 

20 (1) a description of each instance during the 

21 previous calendar year in which the Administrator, 

22 or any other head of an agency of the Federal Gov23 ernment, used a procedure, standard, or process for 

24 governance, management, and oversight of a covered 

25 contract (as defined in section 3265(d)(1) of the NaVerDate Mar 15 2010 01:00 Jun 20, 2012 Jkt 019200 PO 00000 Frm 01044 Fmt 6652 Sfmt 6201 E:\BILLS\H4310.RFS H4310

smartinez on DSK6TPTVN1PROD with BILLS
1045 

HR 4310 RFS

1 tional Nuclear Security Administration Act, as 

2 added by subsection (a)(1)) that is not a procedure, 

3 standard, or process that conforms to national or 

4 international standards or industry best practices; 

5 (2) an explanation of why such procedure, 

6 standard, or process was used during such year and 

7 any steps that will be taken by the Administrator or 

8 other head of an agency, as the case may be, in fu9 ture years to instead use a procedure, standard, or 

10 process that conforms to national or international 

11 standards or industry best practices; and 

12 (3) a description of any oversight activities by 

13 any agency of the Federal Government that occurred 

14 during the previous calendar year that the Adminis15 trator considers duplicative or unnecessary. 

16 SEC. 3114. NATIONAL NUCLEAR SECURITY ADMINISTRA17 TION COUNCIL. 

18 (a) NNSA COUNCIL.—Section 4102 of the Atomic 

19 Energy Defense Act (50 U.S.C. 2512) is amended to read 

20 as follows: 

21 ‘‘SEC. 4102. MANAGEMENT STRUCTURE FOR NUCLEAR SE22 CURITY ENTERPRISE. 

23 ‘‘(a) IN GENERAL.—The Administrator shall estab24 lish a management structure for the nuclear security enVerDate Mar 15 2010 01:00 Jun 20, 2012 Jkt 019200 PO 00000 Frm 01045 Fmt 6652 Sfmt 6201 E:\BILLS\H4310.RFS H4310

smartinez on DSK6TPTVN1PROD with BILLS
1046 

HR 4310 RFS

1 terprise in accordance with the National Nuclear Security 

2 Administration Act (50 U.S.C. 2401 et seq.). 

3 ‘‘(b) NATIONAL NUCLEAR SECURITY ADMINISTRA4 TION COUNCIL.—(1) The Administrator shall establish a 

5 council to be known as the ‘National Nuclear Security Ad6 ministration Council’. The Council may advise the Admin7 istrator on scientific and technical issues relating to policy 

8 matters, operational concerns, strategic planning, and the 

9 development of priorities relating to the mission and oper10 ations of the Administration and the nuclear security en11 terprise. 

12 ‘‘(2) The Council shall be composed of the directors 

13 of the national security laboratories and the nuclear weap14 ons production facilities. 

15 ‘‘(3) The Council may provide the Administrator or 

16 the Secretary of Energy recommendations for improving 

17 the— 

18 ‘‘(A) governance, management, effectiveness, 

19 and efficiency of the Administration; and 

20 ‘‘(B) any other matter in accordance with para21 graph (1). 

22 ‘‘(4) Not later than 60 days after the date on which 

23 any recommendation under paragraph (3) is received, the 

24 Administrator or the Secretary, as the case may be, shall 

25 respond to the Council with respect to whether such recVerDate Mar 15 2010 01:00 Jun 20, 2012 Jkt 019200 PO 00000 Frm 01046 Fmt 6652 Sfmt 6201 E:\BILLS\H4310.RFS H4310

smartinez on DSK6TPTVN1PROD with BILLS
1047 

HR 4310 RFS

1 ommendation will be implemented and the reasoning for 

2 implementing or not implementing such recommenda3 tion.’’. 

4 (b) CLERICAL AMENDMENT.—The table of contents 

5 at the beginning of the Atomic Energy Defense Act is 

6 amended by striking the item relating to section 4102 and 

7 inserting the following new item: 

‘‘Sec. 4102. Management structure for nuclear security enterprise.’’. 

8 SEC. 3115. SAFETY, HEALTH, AND SECURITY OF THE NA9 TIONAL NUCLEAR SECURITY ADMINISTRA10 TION. 

11 (a) SECURITY OF ASSETS AND INFORMATION.— 

12 (1) IN GENERAL.—Section 3231 of the Na13 tional Nuclear Security Administration Act (50 

14 U.S.C. 2421) is amended to read as follows: 

15 ‘‘SEC. 3231. PROTECTION OF SPECIAL NUCLEAR MATERIAL 

16 AND NATIONAL SECURITY INFORMATION. 

17 ‘‘(a) POLICIES AND PROCEDURES REQUIRED.—The 

18 Administrator shall establish policies and procedures to 

19 ensure the protection of— 

20 ‘‘(1) special nuclear material and other sensitive 

21 physical assets of the Administration; and 

22 ‘‘(2) classified information in the possession of 

23 the Administration. 

24 ‘‘(b) PROMPT REPORTING.—The Administrator shall 

25 establish procedures to ensure prompt reporting to the AdVerDate Mar 15 2010 01:00 Jun 20, 2012 Jkt 019200 PO 00000 Frm 01047 Fmt 6652 Sfmt 6201 E:\BILLS\H4310.RFS H4310

smartinez on DSK6TPTVN1PROD with BILLS
1048 

HR 4310 RFS

1 ministrator of any significant problem, abuse, violation of 

2 law or Executive order, or deficiency relating to the— 

3 ‘‘(1) protection of the special nuclear material 

4 and other sensitive physical assets of the Adminis5 tration; and 

6 ‘‘(2) management of classified information by 

7 personnel of the Administration.’’. 

8 (2) CLERICAL AMENDMENT.—The table of con9 tents at the beginning of the National Nuclear Secu10 rity Administration Act is amended by striking the 

11 item relating to section 3231 and inserting the fol12 lowing new item: 

‘‘Sec. 3231. Protection of special nuclear material and national security information.’’. 

13 (b) HEALTH AND SAFETY.— 

14 (1) IN GENERAL.—Section 3261 of the Na15 tional Nuclear Security Administration Act (50 

16 U.S.C. 2461) is amended— 

17 (A) in subsection (a), by striking ‘‘The Ad18 ministrator’’ and inserting ‘‘In accordance with 

19 subsections (c) and (d), the Administrator’’; 

20 (B) by striking subsection (c); 

21 (C) by adding at the end the following new 

22 subsection: 

23 ‘‘(c) NON-NUCLEAR HEALTH AND SAFETY.—(1) In 

24 carrying out this section with respect to non-nuclear operVerDate Mar 15 2010 01:00 Jun 20, 2012 Jkt 019200 PO 00000 Frm 01048 Fmt 6652 Sfmt 6201 E:\BILLS\H4310.RFS H4310

smartinez on DSK6TPTVN1PROD with BILLS
1049 

HR 4310 RFS

1 ations, the Administrator shall ensure that the Adminis2 tration complies with all applicable occupational safety 

3 and health standards promulgated under the Occupational 

4 Safety and Health Act of 1970 (29 U.S.C. 655) that are 

5 administered by the Secretary of Labor. 

6 ‘‘(2) With respect to complying with the occupational 

7 safety and health standards under paragraph (1), and con8 ducting oversight of such occupational safety and health 

9 standards, the Administrator shall ensure that such com10 plying and oversight by the Administration is conducted— 

11 ‘‘(A) in accordance with best industry and Gov12 ernment practices for meeting such standards; and 

13 ‘‘(B) in accordance with the performance-based 

14 system of governance, management, and oversight 

15 established under section 3265, notwithstanding the 

16 exemption authority under subsection (a)(3) of such 

17 section. 

18 ‘‘(3) Except as provided by paragraph (4), the Ad19 ministrator may not establish or prescribe any order, rule, 

20 or regulation regarding occupational safety and health un21 less such order, rule, or regulation is pursuant to an occu22 pational safety and health standard described in para23 graph (1). 

24 ‘‘(4)(A) In carrying out paragraph (3)— 


smartinez on DSK6TPTVN1PROD with BILLS
1050 

HR 4310 RFS

1 ‘‘(i) the Administrator may waive the require2 ment under such paragraph for any type of high 

3 hazard operations if the Administrator determines 

4 that such waiver is necessary to ensure safety; and 

5 ‘‘(ii) the Administrator shall waive such require6 ments for operations involving beryllium. 

7 ‘‘(B) The Administrator shall submit an annual cer8 tification to the congressional defense committees regard9 ing why any such waivers made under subparagraph (A) 

10 are required to ensure safety.’’; and 

11 (D) by adding after subsection (c), as 

12 added by subparagraph (C), the following new 

13 subsection: 

14 ‘‘(d) NUCLEAR HEALTH AND SAFETY.—(1) In car15 rying out this section with respect to nuclear operations, 

16 the Administrator shall prescribe appropriate policies and 

17 regulations to ensure the adequate protection of the health 

18 and safety of the employees of the Administration, con19 tractors of the Administration, and the public. Such poli20 cies and regulations shall be based upon risk whenever suf21 ficient data exists. 

22 ‘‘(2) With respect to prescribing and complying with 

23 the policies and regulations under paragraph (1), and con24 ducting oversight of such policies and regulations by the 

25 Administration, the Administrator shall ensure that such 


smartinez on DSK6TPTVN1PROD with BILLS
1051 

HR 4310 RFS

1 prescribing, complying, and oversight is conducted in ac2 cordance with the performance-based system of govern3 ance, management, and oversight established under sec4 tion 3265, notwithstanding the exemption authority under 

5 subsection (a)(3) of such section. 

6 ‘‘(3) CONSTRUCTION.—Nothing in this subsection 

7 shall be construed to cause a reduction in nuclear safety 

8 standards.’’. 

9 (2) NUCLEAR HEALTH AND SAFETY EFFECTIVE

10 DATE.—The amendment made by paragraph (1)(D) 

11 shall take effect October 1, 2013. 

12 (c) REPORT ON AUTHORITY FOR NUCLEAR SAFE13 TY.—Not later than March 1, 2013, the Administrator 

14 shall submit to the congressional defense committees a re15 port that includes— 

16 (1) an implementation plan describing the ac17 tions needed to fully transition the policy, regu18 latory, and oversight authority for the nuclear safety 

19 of the nuclear security enterprise from the Depart20 ment of Energy to the Administration; and 

21 (2) a description of the costs and benefits of 

22 such a transition. 


smartinez on DSK6TPTVN1PROD with BILLS
1052 

HR 4310 RFS

1 SEC. 3116. DESIGN AND USE OF PROTOTYPES OF NUCLEAR 

2 WEAPONS. 

3 (a) PROTOTYPES.—The Atomic Energy Defense Act 

4 (50 U.S.C. 2501 et seq.) is amended by inserting after 

5 section 4508 the following new section: 

6 ‘‘SEC. 4509. DESIGN AND USE OF PROTOTYPES OF NUCLEAR 

7 WEAPONS FOR INTELLIGENCE PURPOSES. 

8 ‘‘(a) PROTOTYPES.—The Administrator shall develop 

9 and carry out a plan for the national security laboratories 

10 and nuclear weapons production plants to design and build 

11 prototypes of nuclear weapons to further intelligence esti12 mates with respect to foreign nuclear weapons activities. 

13 ‘‘(b) PROHIBITION ON PRODUCTION OF NUCLEAR

14 YIELDS.—In carrying out subsection (a), the Adminis15 trator may not conduct any experiments that produce a 

16 nuclear yield.’’. 

17 (b) CLERICAL AMENDMENT.—The table of contents 

18 at the beginning of the Atomic Energy Defense Act is 

19 amended by inserting after the item relating to section 

20 4508 the following new item: 

‘‘Sec. 4509. Design and use of prototypes of nuclear weapons for intelligence 

purposes.’’. 


smartinez on DSK6TPTVN1PROD with BILLS
1053 

HR 4310 RFS

1 SEC. 3117. IMPROVEMENT AND STREAMLINING OF THE MIS2 SIONS AND OPERATIONS OF THE DEPART3 MENT OF ENERGY AND NATIONAL NUCLEAR 

4 SECURITY ADMINISTRATION. 

5 (a) IN GENERAL.—Not later than 90 days after the 

6 date of the enactment of this Act, the Secretary of Energy 

7 and the Administrator for Nuclear Security, in coordina8 tion with the Secretary of Defense and other officials, as 

9 the Secretary of Energy and the Administrator consider 

10 appropriate, shall revise the Department of Energy Acqui11 sition Regulation and other regulations, rules, directives, 

12 orders, and policies that apply to the administration, exe13 cution, and oversight of the missions and operations of 

14 the Department of Energy and the National Nuclear Se15 curity Administration to improve and streamline such ad16 ministration, execution, and oversight. 

17 (b) IMPROVEMENT AND STREAMLINING.—In carrying 

18 out subsection (a), the Secretary of Energy and the Ad19 ministrator for Nuclear Security shall— 

20 (1) streamline business processes and struc21 tures to reduce unnecessary, burdensome, or dupli22 cative approvals; 

23 (2) delegate approval for work for others agree24 ments and cooperative research and development 

25 agreements (except those that the Secretary or Ad26 ministrator determine are high value or unique) to 


smartinez on DSK6TPTVN1PROD with BILLS
1054 

HR 4310 RFS

1 the management and operating contractors of a Gov2 ernment-owned, contractor-operated facility of the 

3 Department or Administration and hold such con4 tractors accountable for maintaining appropriate 

5 portfolios with respect to such agreements; 

6 (3) establish processes for ensuring routine or 

7 low-risk procurement and subcontracting decisions 

8 are made at the discretion of the management and 

9 operating contractors while ensuring that the Sec10 retary or Administrator apply appropriate oversight; 

11 (4) assess procurement thresholds as of the 

12 date of the enactment of this Act and take steps as 

13 appropriate to adjust such thresholds; 

14 (5) eliminate duplicative or low-value reports 

15 and data calls and ensure consistency in manage16 ment and cost accounting data; and 

17 (6) otherwise streamline, clarify, and eliminate 

18 redundancy in the regulations, rules, directives, or19 ders, and policies described by subsection (a). 

20 (c) BRIEFING.— 

21 (1) IN GENERAL.—Not later than 120 days 

22 after the date of the enactment of this Act, the Sec23 retary and the Administrator shall provide to the ap24 propriate congressional committees a briefing on the 


smartinez on DSK6TPTVN1PROD with BILLS
1055 

HR 4310 RFS

1 regulations, rules, directives, orders, and policies im2 proved and streamlined pursuant to subsection (a). 

3 (2) APPROPRIATE COMMITTEES DEFINED.—In 

4 this subsection, the term ‘‘appropriate congressional 

5 committees’’ means— 

6 (A) the congressional defense committees; 

7 and 

8 (B) the Committee on Energy and Natural 

9 Resources of the Senate and the Committee on 

10 Energy and Commerce of the House of Rep11 resentatives. 

12 SEC. 3118. COST-BENEFIT ANALYSES FOR COMPETITION OF 

13 MANAGEMENT AND OPERATING CONTRACTS. 

14 (a) LIMITATION.—The Administrator for Nuclear Se15 curity may not release a final request for proposal for com16 petition of any contract to manage and operate a facility 

17 of the National Nuclear Security Administration until the 

18 date on which the Administrator submits to the congres19 sional defense committees a report described in subsection 

20 (b). 

21 (b) REPORT DESCRIBED.—A report described in this 

22 subsection is a report on a request for proposal for com23 petition described in subsection (a) that includes— 

24 (1) the expected cost savings resulting from the 

25 competition over the life of the contract; 


smartinez on DSK6TPTVN1PROD with BILLS
1056 

HR 4310 RFS

1 (2) the costs of the competition, including im2 mediate costs of conducting the competition and any 

3 increased costs over the life of the contract; 

4 (3) a description of— 

5 (A) any disruption or delay in mission ac6 tivities or deliverables resulting from the com7 petition; and 

8 (B) any benefits of the proposed competi9 tion to mission performance or operations; 

10 (4) how the competition complies with the Fed11 eral Acquisition Regulation regarding federally fund12 ed research and development centers, if applicable; 

13 and 

14 (5) any other matters the Administrator con15 siders appropriate. 

16 (c) GAO REVIEW.—Not later than 90 days after each 

17 report is submitted to the congressional defense commit18 tees under subsection (a) or (d)(2), the Comptroller Gen19 eral of the United States shall submit to such committees 

20 a review of such report. 

21 (d) APPLICABILITY.— 

22 (1) IN GENERAL.—The limitation in subsection 

23 (a) shall apply with respect to a request for proposal 

24 described by such subsection that is released by the 


smartinez on DSK6TPTVN1PROD with BILLS
1057 

HR 4310 RFS

1 Administrator for Nuclear Security during fiscal 

2 years 2012 through 2017. 

3 (2) FISCAL YEAR 2012 RFPS.—For each request 

4 for proposal described by subsection (a) that is re5 leased by the Administrator during fiscal year 2012 

6 before the date of the enactment of this Act, the Ad7 ministrator shall submit to the congressional defense 

8 committees a report described in subsection (b) by 

9 not later than 90 days after the date of such enact10 ment. 

11 SEC. 3119. LIMITATION ON AVAILABILITY OF FUNDS FOR 

12 INERTIAL CONFINEMENT FUSION IGNITION 

13 AND HIGH YIELD CAMPAIGN. 

14 (a) LIMITATION.—Except as provided in subsection 

15 (b), of the funds authorized to be appropriated by this Act 

16 or otherwise made available for fiscal year 2013 for fusion 

17 ignition under the Inertial Confinement Fusion Ignition 

18 and High Yield Campaign, not more than 50 percent may 

19 be obligated or expended until the date on which— 

20 (1) the Administrator for Nuclear Security cer21 tifies to the congressional defense committees that 

22 fusion ignition has been achieved at the National Ig23 nition Facility at Lawrence Livermore National Lab24 oratory; or 


smartinez on DSK6TPTVN1PROD with BILLS
1058 

HR 4310 RFS

1 (2) the Administrator submits to such commit2 tees a detailed report on fusion ignition, including— 

3 (A) a thorough description of the remain4 ing technical challenges and gaps in under5 standing with respect to such ignition; 

6 (B) a plan and schedule for reevaluating 

7 the ignition program and incorporating experi8 mental data into computer models; 

9 (C) the best judgment of the Administrator 

10 with respect to whether ignition can be achieved 

11 at the National Ignition Facility, as designed on 

12 the date of the report; and 

13 (D) if funding being spent on ignition re14 search as of the date of the report were applied 

15 to life extension programs— 

16 (i) a description of such programs 

17 that could be accelerated or otherwise im18 proved; and 

19 (ii) how such funding changes would 

20 affect the stockpile stewardship program. 

21 (b) EXCEPTION.—The limitation in subsection (a) 

22 shall not apply to the Z machine at Sandia National Lab23 oratories or the Omega laser system at the University of 

24 Rochester. 


smartinez on DSK6TPTVN1PROD with BILLS
1059 

HR 4310 RFS

1 SEC. 3120. LIMITATION ON AVAILABILITY OF FUNDS FOR 

2 GLOBAL SECURITY THROUGH SCIENCE PART3 NERSHIPS PROGRAM. 

4 (a) LIMITATION.—Of the funds authorized to be ap5 propriated by this Act or otherwise made available for fis6 cal year 2013 for the National Nuclear Security Adminis7 tration, not more than $8,000,000 may be obligated or 

8 expended for the Global Security through Science Partner9 ships Program, formerly known as the Global Initiatives 

10 for Proliferation Prevention Program, until the date on 

11 which the Secretary of Energy submits to the appropriate 

12 congressional committees the report under subsection (b). 

13 (b) REPORT.—The Secretary of Energy shall submit 

14 to the appropriate congressional committees a report with 

15 a plan to complete the Global Security through Science 

16 Partnerships Program by the end of calendar year 2015 

17 or with a detailed justification on the continued threat and 

18 how the continuation of the program would effectively ad19 dress such threat. 

20 (c) FORM.—The report under subsection (b) may be 

21 submitted in unclassified form and may include a classi22 fied annex. 

23 (d) APPROPRIATE CONGRESSIONAL COMMITTEES

24 DEFINED.—In this section, the term ‘‘appropriate con25 gressional committees’’ means— 


smartinez on DSK6TPTVN1PROD with BILLS
1060 

HR 4310 RFS

1 (1) the Committee on Armed Services and the 

2 Committee on Foreign Affairs of the House of Rep3 resentatives; and 

4 (2) the Committee on Armed Services and the 

5 Committee on Foreign Relations of the Senate. 

6 SEC. 3121. LIMITATION ON AVAILABILITY OF FUNDS FOR 

7 CENTER OF EXCELLENCE ON NUCLEAR SECU8 RITY. 

9 (a) LIMITATION.—Of the funds authorized to be ap10 propriated by this Act or otherwise made available for fis11 cal year 2013 for the National Nuclear Security Adminis12 tration, not more than $7,000,000 may be obligated or 

13 expended for the United States-China Center of Excel14 lence on Nuclear Security until the date on which the Sec15 retary of Energy submits to the appropriate congressional 

16 committees the report under subsection (b)(2). 

17 (b) NUCLEAR SECURITY.— 

18 (1) REVIEW.—The Secretary of Energy, in co19 ordination with the Secretary of Defense, shall con20 duct a review of the existing and planned non-pro21 liferation activities with the People’s Republic of 

22 China as of the date of the enactment of this Act 

23 to determine if the engagement is directly or indi24 rectly supporting the proliferation of nuclear weap25 ons development and technology to other nations. 


smartinez on DSK6TPTVN1PROD with BILLS
1061 

HR 4310 RFS

1 (2) REPORT.—Not later than 90 days after the 

2 date of the enactment of this Act, the Secretary of 

3 Energy shall submit to the appropriate congressional 

4 committees a report certifying that the activities re5 viewed under paragraph (1) are not contributing to 

6 the proliferation of nuclear weapons development 

7 and technology to other nations. 

8 (c) FORM.—The report under subsection (b)(2) may 

9 be submitted in unclassified form and may include a clas10 sified annex. 

11 (d) APPROPRIATE CONGRESSIONAL COMMITTEES

12 DEFINED.—In this section, the term ‘‘appropriate con13 gressional committees’’ means— 

14 (1) the Committee on Armed Services and the 

15 Committee on Foreign Affairs of the House of Rep16 resentatives; and 

17 (2) the Committee on Armed Services and the 

18 Committee on Foreign Relations of the Senate. 

19 SEC. 3122. TWO-YEAR EXTENSION OF SCHEDULE FOR DIS20 POSITION OF WEAPONS-USABLE PLUTONIUM 

21 AT SAVANNAH RIVER SITE, AIKEN, SOUTH 

22 CAROLINA. 

23 Section 4306 of the Atomic Energy Defense Act (50 

24 U.S.C. 2566) is amended— 

25 (1) in subsection (a)(3)— 


smartinez on DSK6TPTVN1PROD with BILLS
1062 

HR 4310 RFS

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’’; 

8 (B) in paragraph (4), by striking ‘‘2012’’ 

9 each place it appears and inserting ‘‘2014’’; and 

10 (C) in paragraph (5), by striking ‘‘2012’’ 

11 and inserting ‘‘2014’’; 

12 (3) in subsection (c)— 

13 (A) in the matter preceding paragraph (1), 

14 by striking ‘‘2012’’ and inserting ‘‘2014’’; 

15 (B) in paragraph (1), by striking ‘‘2014’’ 

16 and inserting ‘‘2016’’; and 

17 (C) in paragraph (2), by striking ‘‘2020’’ 

18 each place it appears and inserting ‘‘2022’’; 

19 (4) in subsection (d)— 

20 (A) in paragraph (1)— 

21 (i) by striking ‘‘2014’’ and inserting 

22 ‘‘2016’’; and 

23 (ii) by striking ‘‘2019’’ and inserting 

24 ‘‘2021’’; and 


smartinez on DSK6TPTVN1PROD with BILLS
1063 

HR 4310 RFS

1 (B) in paragraph (2)(A), by striking 

2 ‘‘2020’’ each place it appears and inserting 

3 ‘‘2022’’; and 

4 (5) in subsection (e), by striking ‘‘2023’’ and 

5 inserting ‘‘2025’’. 

6 SEC. 3123. LIMITATION ON AVAILABILITY OF FUNDS FOR 

7 NUCLEAR NONPROLIFERATION ACTIVITIES 

8 WITH RUSSIAN FEDERATION. 

9 (a) LIMITATION.—None of the funds authorized to 

10 be appropriated by this Act or otherwise made available 

11 for fiscal year 2013 for defense nuclear nonproliferation 

12 may be obligated or expended for nuclear nonproliferation 

13 activities with the Russian Federation until the date that 

14 is 30 days after the date on which the Secretary of Energy 

15 certifies, in coordination with the Secretary of State and 

16 the Secretary of Defense, to the appropriate congressional 

17 committees that— 

18 (1) Russia is no longer— 

19 (A) providing direct or indirect support to 

20 the government of Syria’s suppression of the 

21 Syrian people; and 

22 (B) transferring to Iran, North Korea, or 

23 Syria equipment and technology that have the 

24 potential to make a material contribution to the 

25 development of weapons of mass destruction or 


smartinez on DSK6TPTVN1PROD with BILLS
1064 

HR 4310 RFS

1 cruise or ballistic missile systems controlled 

2 under multilateral control lists; or 

3 (2) funds planned to be obligated or expended 

4 for nuclear nonproliferation activities with the Rus5 sian Federation are strictly for project closeout ac6 tivities and will not be used for new activities or ac7 tivities that will extend beyond fiscal year 2013. 

8 (b) WAIVER.—The Secretary of Energy may waive 

9 the limitation in subsection (a) if— 

10 (1) the Secretary determines that such waiver is 

11 in the national security interests of the United 

12 States; 

13 (2) the Secretary briefs, in an unclassified 

14 form, the appropriate congressional committees on 

15 the justifications of such waiver; and 

16 (3) a period of 90 days has elapsed following 

17 the date on which such briefing is held. 

18 (c) APPROPRIATE CONGRESSIONAL COMMITTEES DE19 FINED.—In this section, the term ‘‘appropriate congres20 sional committees’’ means— 

21 (1) the Committee on Armed Services and the 

22 Committee on Foreign Affairs of the House of Rep23 resentatives; and 

24 (2) the Committee on Armed Services and the 

25 Committee on Foreign Relations of the Senate. 


smartinez on DSK6TPTVN1PROD with BILLS
1065 

HR 4310 RFS

1 Subtitle C—Improvements to 

2 National Security Energy Laws 

3 SEC. 3131. IMPROVEMENTS TO THE ATOMIC ENERGY DE4 FENSE ACT. 

5 (a) DEFINITIONS.— 

6 (1) IN GENERAL.—Section 4002 of the Atomic 

7 Energy Defense Act (50 U.S.C. 2501) is amended to 

8 read as follows: 

9 ‘‘SEC. 4002. DEFINITIONS. 

10 ‘‘In this division: 

11 ‘‘(1) The term ‘Administration’ means the Na12 tional Nuclear Security Administration. 

13 ‘‘(2) The term ‘Administrator’ means the Ad14 ministrator for Nuclear Security. 

15 ‘‘(3) The term ‘classified information’ means 

16 any information that has been determined pursuant 

17 to Executive Order No. 12333 of December 4, 1981 

18 (50 U.S.C. 401 note), Executive Order No. 12958 of 

19 April 17, 1995 (50 U.S.C. 435 note), or successor 

20 orders, to require protection against unauthorized 

21 disclosure and that is so designated. 

22 ‘‘(4) The term ‘congressional defense commit23 tees’ means— 


smartinez on DSK6TPTVN1PROD with BILLS
1066 

HR 4310 RFS

1 ‘‘(A) the Committee on Armed Services 

2 and the Committee on Appropriations of the 

3 Senate; and 

4 ‘‘(B) the Committee on Armed Services 

5 and the Committee on Appropriations of the 

6 House of Representatives. 

7 ‘‘(5) The term ‘nuclear security enterprise’ 

8 means the physical facilities, technology, and human 

9 capital of the national security laboratories and the 

10 nuclear weapons production facilities. 

11 ‘‘(6) The term ‘national security laboratory’ 

12 means any of the following: 

13 ‘‘(A) Los Alamos National Laboratory, Los 

14 Alamos, New Mexico. 

15 ‘‘(B) Sandia National Laboratories, Albu16 querque, New Mexico, and Livermore, Cali17 fornia. 

18 ‘‘(C) Lawrence Livermore National Lab19 oratory, Livermore, California. 

20 ‘‘(7) The term ‘nuclear weapons production fa21 cility’ means any of the following: 

22 ‘‘(A) The Kansas City Plant, Kansas City, 

23 Missouri. 

24 ‘‘(B) The Pantex Plant, Amarillo, Texas. 


smartinez on DSK6TPTVN1PROD with BILLS
1067 

HR 4310 RFS

1 ‘‘(C) The Y–12 National Security Com2 plex, Oak Ridge, Tennessee. 

3 ‘‘(D) The Savannah River Site, Aiken, 

4 South Carolina. 

5 ‘‘(E) The Nevada National Security Site, 

6 Nevada. 

7 ‘‘(F) Any facility of the Department of En8 ergy that the Secretary of Energy, in consulta9 tion with the Administrator and the Congress, 

10 determines to be consistent with the mission of 

11 the Administration. 

12 ‘‘(8) The term ‘Restricted Data’ has the mean13 ing given such term in section 11 y. of the Atomic 

14 Energy Act of 1954 (42 U.S.C. 2014(y)).’’. 

15 (2) CLERICAL AMENDMENT.—The table of con16 tents at the beginning of the Atomic Energy Defense 

17 Act is amended by striking the item relating to sec18 tion 4002 and inserting the following new item: 

‘‘Sec. 4002. Definitions.’’. 

19 (b) STOCKPILE STEWARDSHIP.—Section 

20 4201(b)(5)(E) of the Atomic Energy Defense Act (50 

21 U.S.C. 2521(b)(5)(E)) is amended by striking ‘‘(as de22 fined in section 3281 of the National Nuclear Security Ad23 ministration Act (50 U.S.C. 2471))’’. 


smartinez on DSK6TPTVN1PROD with BILLS
1068 

HR 4310 RFS

1 (c) ANNUAL ASSESSMENTS.—Section 4205 of the 

2 Atomic Energy Defense Act (50 U.S.C. 2525) is amended 

3 by striking subsection (i). 

4 (d) TESTING OF NUCLEAR WEAPONS.— 

5 (1) IN GENERAL.—Section 4210 of the Atomic 

6 Energy Defense Act (50 U.S.C. 2530) is amended to 

7 read as follows: 

8 ‘‘SEC. 4210. TESTING OF NUCLEAR WEAPONS. 

9 ‘‘(a) UNDERGROUND TESTING.—No underground 

10 test of nuclear weapons may be conducted by the United 

11 States after September 30, 1996, unless a foreign state 

12 conducts a nuclear test after this date, at which time the 

13 prohibition on United States nuclear testing is lifted. 

14 ‘‘(b) ATMOSPHERIC TESTING.—None of the funds 

15 appropriated pursuant to the National Defense Authoriza16 tion Act for Fiscal Year 1994 or any other Act for any 

17 fiscal year may be available to maintain the capability of 

18 the United States to conduct atmospheric testing of a nu19 clear weapon.’’. 

20 (2) CLERICAL AMENDMENT.—The table of con21 tents at the beginning of the Atomic Energy Defense 

22 Act is amended by striking the items relating to sec23 tions 4210 and 4211 and inserting the following new 

24 item: 

‘‘Sec. 4210. Testing of nuclear weapons.’’. 


smartinez on DSK6TPTVN1PROD with BILLS
1069 

HR 4310 RFS

1 (3) CONFORMING AMENDMENT.—Section 4211 

2 of the Atomic Energy Defense Act (50 U.S.C. 2531) 

3 is repealed. 

4 (e) MANUFACTURING INFRASTRUCTURE.—Section 

5 4212 of the Atomic Energy Defense Act (50 U.S.C. 2532) 

6 is amended by striking subsections (d) and (e). 

7 (f) CRITICAL DIFFICULTIES REPORT.— 

8 (1) IN GENERAL.—Section 4213 of the Atomic 

9 Energy Defense Act (50 U.S.C. 2533) is amended— 

10 (A) in the heading, by striking ‘‘NUCLEAR

11 WEAPONS LABORATORIES AND NUCLEAR

12 WEAPONS PRODUCTION PLANTS’’ and in13 serting ‘‘NATIONAL SECURITY LABORA14 TORIES AND NUCLEAR WEAPONS PRODUC15 TION FACILITIES’’; 

16 (B) in subsection (a), by striking ‘‘Assist17 ant Secretary of Energy for Defense Programs’’ 

18 and inserting ‘‘Administrator’’; 

19 (C) by striking ‘‘Assistant Secretary’’ each 

20 place it appears and inserting ‘‘Administrator’’; 

21 (D) by striking ‘‘nuclear weapons labora22 tory’’ each place it appears and inserting ‘‘na23 tional security laboratory’’; 


smartinez on DSK6TPTVN1PROD with BILLS
1070 

HR 4310 RFS

1 (E) by striking ‘‘production plant’’ each 

2 place it appears and inserting ‘‘production facil3 ity’’; and 

4 (F) by striking subsection (e). 

5 (2) CLERICAL AMENDMENT.—The table of con6 tents at the beginning of the Atomic Energy Defense 

7 Act is amended by striking the item relating to sec8 tion 4213 and inserting the following new item: 

‘‘Sec. 4213. Reports on critical difficulties at national security laboratories and 

nuclear weapons production facilities.’’. 

9 (g) PLAN FOR TRANSFORMATION.— 

10 (1) IN GENERAL.—Section 4214 of the Atomic 

11 Energy Defense Act (50 U.S.C. 2534) is amended— 

12 (A) by striking subsections (b) and (d); 

13 and 

14 (B) by redesignating subsection (c) as sub15 section (b). 

16 (2) CLERICAL AMENDMENT.—The table of con17 tents at the beginning of the Atomic Energy Defense 

18 Act is amended by inserting after the item relating 

19 to section 4213 the following new item: 

‘‘Sec. 4214. Plan for transformation of national nuclear security administration 

nuclear weapons complex.’’. 

20 (h) TRITIUM PRODUCTION PROGRAM.—Section 4231 

21 of the Atomic Energy Defense Act (50 U.S.C. 2541) is 

22 amended to read as follows: 


smartinez on DSK6TPTVN1PROD with BILLS
1071 

HR 4310 RFS

1 ‘‘SEC. 4231. TRITIUM PRODUCTION PROGRAM. 

2 ‘‘(a) ESTABLISHMENT OF PROGRAM.—The Secretary 

3 shall establish a tritium production program that is capa4 ble of meeting the tritium requirements of the United 

5 States for nuclear weapons. In carrying out the tritium 

6 production program, the Secretary shall assess alternative 

7 means for tritium production, including production 

8 through— 

9 ‘‘(1) types of new and existing reactors, includ10 ing multipurpose reactors (such as advanced light 

11 water reactors and gas turbine gas-cooled reactors) 

12 capable of meeting both the tritium production re13 quirements and the plutonium disposition require14 ments of the United States for nuclear weapons; 

15 ‘‘(2) an accelerator; and 

16 ‘‘(3) multipurpose reactor projects carried out 

17 by the private sector and the Government. 

18 ‘‘(b) LOCATION OF TRITIUM PRODUCTION FACIL19 ITY.—The Secretary shall locate any new tritium produc20 tion facility of the Department of Energy at the Savannah 

21 River Site, South Carolina.’’. 

22 (i) TRITIUM RECYCLING FACILITIES.—Section 4234 

23 of the Atomic Energy Defense Act (50 U.S.C. 2544) is 

24 amended— 


smartinez on DSK6TPTVN1PROD with BILLS
1072 

HR 4310 RFS

1 (1) by striking ‘‘(a) IN GENERAL.—The Sec2 retary of Energy’’ and inserting ‘‘The Secretary’’; 

3 and 

4 (2) by striking subsection (b). 

5 (j) RESTRICTED DATA.—Section 4501 of the Atomic 

6 Energy Defense Act (50 U.S.C. 2651(a)) is amended by 

7 striking subsection (c). 

8 (k) FOREIGN VISITORS.—Section 4502 of the Atomic 

9 Energy Defense Act (50 U.S.C. 2652) is amended— 

10 (1) by striking ‘‘national laboratory’’ each place 

11 it appears and inserting ‘‘national security labora12 tory’’; and 

13 (2) in subsection (g), by striking paragraphs 

14 (3) and (4). 

15 (l) BACKGROUND INVESTIGATIONS.—Section 4503 of 

16 the Atomic Energy Defense Act (50 U.S.C. 2653) is 

17 amended— 

18 (1) by striking ‘‘(a) IN GENERAL.—’’; 

19 (2) by striking subsections (b) and (c); and 

20 (3) by striking ‘‘national laboratory’’ and in21 serting ‘‘national security laboratory’’. 

22 (m) SECURITY FUNCTIONS REPORT.—Section 4506 

23 of the Atomic Energy Defense Act (50 U.S.C. 2657) is 

24 amended— 

25 (1) by striking ‘‘(a) IN GENERAL.—’’; and 


smartinez on DSK6TPTVN1PROD with BILLS
1073 

HR 4310 RFS

1 (2) by striking subsection (b). 

2 (n) COUNTERINTELLIGENCE REPORT.—Section 4507 

3 of the Atomic Energy Defense Act (50 U.S.C. 2658) is 

4 amended— 

5 (1) by striking ‘‘national laboratories’’ each 

6 place it appears and inserting ‘‘national security lab7 oratories’’; and 

8 (2) by striking subsection (c). 

9 (o) COMPUTER SECURITY REPORT.—Section 4508 of 

10 the Atomic Energy Defense Act (50 U.S.C. 2659)— 

11 (1) in subsection (a), by striking ‘‘national lab12 oratories’’ and inserting ‘‘national security labora13 tories’’; and 

14 (2) by striking subsections (e) and (f). 

15 (p) DOCUMENT REVIEW.—Section 4521 of the Atom16 ic Energy Defense Act (50 U.S.C. 2671) is amended by 

17 striking subsection (c). 

18 (q) REPORTS ON LOCAL IMPACT ASSISTANCE.— 

19 (1) IN GENERAL.—Section 4604(f) of the 

20 Atomic Energy Defense Act (50 U.S.C. 2704(f)) is 

21 amended by adding at the end the following new 

22 paragraph: 

23 ‘‘(3) In addition to the plans submitted under para24 graph (1), the Secretary of Energy shall submit to Con25 gress every six months a report setting forth a description 


smartinez on DSK6TPTVN1PROD with BILLS
1074 

HR 4310 RFS

1 of, and the amount or value of, all local impact assistance 

2 provided during the preceding six months under sub3 section (c)(6).’’. 

4 (2) CONFORMING AMENDMENT.—Section 4851 

5 of the Atomic Energy Defense Act (50 U.S.C. 2821) 

6 is repealed. 

7 (3) CLERICAL AMENDMENT.—The table of con8 tents at the beginning of the Atomic Energy Defense 

9 Act is amended by striking the item relating to sec10 tion 4851. 

11 (r) RECRUITMENT AND TRAINING.—Section 4622 of 

12 the Atomic Energy Defense Act (50 U.S.C. 2722) is 

13 amended— 

14 (1) in subsection (b)— 

15 (A) by striking ‘‘(1) As part of’’ and in16 serting ‘‘As part of’’; and 

17 (B) by striking paragraph (2); and 

18 (2) by striking subsection (d). 

19 (s) FELLOWSHIP PROGRAM.— 

20 (1) IN GENERAL.—Section 4623 of the Atomic 

21 Energy Defense Act (50 U.S.C. 2723) is amended— 

22 (A) in the heading, by striking ‘‘DEPART23 MENT OF ENERGY NUCLEAR WEAPONS

24 COMPLEX’’ and inserting ‘‘NUCLEAR SECU25 RITY ENTERPRISE’’; 


smartinez on DSK6TPTVN1PROD with BILLS
1075 

HR 4310 RFS

1 (B) by striking ‘‘Department of Energy 

2 nuclear weapons complex’’ each place it appears 

3 and inserting ‘‘nuclear security enterprise’’; 

4 (C) in subsection (c), by striking ‘‘fol5 lowing’’ and all that follows through the period 

6 at the end and inserting ‘‘national security lab7 oratories and nuclear weapon production facili8 ties.’’; and 

9 (D) in subsection (f)(2), by striking ‘‘the 

10 Department of Energy for’’ and inserting ‘‘the 

11 nuclear security enterprise for’’. 

12 (2) CLERICAL AMENDMENT.—The table of con13 tents at the beginning of the Atomic Energy Defense 

14 Act is amended by striking the item relating to sec15 tion 4623 and inserting the following new item: 

‘‘Sec. 4623. Fellowship program for development of skills critical to the nuclear 

security enterprise.’’. 

16 (t) COST OVERRUNS.—Section 4713(a)(1)(A) of the 

17 Atomic Energy Defense Act (50 U.S.C. 2753(a)(1)(A)) is 

18 amended— 

19 (1) by striking ‘‘for Nuclear Security’’; and 

20 (2) by striking ‘‘National Nuclear Security’’. 

21 (u) BUDGET REQUEST.— 

22 (1) IN GENERAL.—Section 4731 of the Atomic 

23 Energy Defense Act (50 U.S.C. 2771) is repealed. 


smartinez on DSK6TPTVN1PROD with BILLS
1076 

HR 4310 RFS

1 (2) CLERICAL AMENDMENT.—The table of con2 tents at the beginning of the Atomic Energy Defense 

3 Act is amended by striking the item relating to sec4 tion 4731. 

5 (v) CONTRACTOR BONUSES.—Section 4802 of the 

6 Atomic Energy Defense Act (50 U.S.C. 2782) is amend7 ed— 

8 (2) by striking subsection (b); and 

9 (3) by redesignating subsections (c) and (d) as 

10 subsections (b) and (c), respectively. 

11 (w) FUNDS FOR RESEARCH AND DEVELOPMENT.— 

12 Section 4812 of the Atomic Energy Defense Act (50 

13 U.S.C. 2792) is amended— 

14 (1) by striking subsections (b) through (d); and 

15 (2) by redesignating subsection (e) as sub16 section (b). 

17 (x) TECHNOLOGY PARTNERSHIPS.—Section 4813(c) 

18 of the Atomic Energy Defense Act (50 U.S.C. 2794(c)) 

19 is amended by striking paragraph (5). 

20 (y) UNIVERSITY COLLABORATION.—Section 4814 of 

21 the Atomic Energy Defense Act (50 U.S.C. 2795) is 

22 amended by striking subsection (c). 

23 (z) ENGINEERING AND MANUFACTURING RE24 SEARCH.—Section 4832 of the Atomic Energy Defense 


smartinez on DSK6TPTVN1PROD with BILLS
1077 

HR 4310 RFS

1 Act (50 U.S.C. 2812) is amended by striking subsections 

2 (c) through (e). 

3 (aa) PILOT PROGRAM REPORT.—Section 4833 of the 

4 Atomic Energy Defense Act (50 U.S.C. 2813) is amended 

5 by striking subsection (e). 

6 (bb) TECHNICAL AMENDMENTS.—The Atomic En7 ergy Defense Act (50 U.S.C. 2501 et seq.) is amended 

8 as follows: 

9 (1) By striking ‘‘Nevada Test Site’’ each place 

10 it appears and inserting ‘‘Nevada National Security 

11 Site’’. 

12 (2) By striking ‘‘Director of Central Intel13 ligence’’ each place it appears and inserting ‘‘Direc14 tor of National Intelligence’’. 

15 SEC. 3132. IMPROVEMENTS TO THE NATIONAL NUCLEAR 

16 SECURITY ADMINISTRATION ACT. 

17 (a) NUCLEAR SECURITY ENTERPRISE REF18 ERENCE.— 

19 (1) FUTURE-YEARS NUCLEAR SECURITY PRO20 GRAM.—Section 3253 of the National Nuclear Secu21 rity Administration Act (50 U.S.C. 2453) is amend22 ed by striking ‘‘nuclear weapons complex’’ each place 

23 it appears and inserting ‘‘nuclear security enter24 prise’’. 


smartinez on DSK6TPTVN1PROD with BILLS
1078 

HR 4310 RFS

1 (2) GAO REPORTS.—Section 3255 of the Na2 tional Nuclear Security Administration Act (50 

3 U.S.C. 2455) is amended— 

4 (A) by striking ‘‘nuclear security complex’’ 

5 each place it appears and inserting ‘‘nuclear se6 curity enterprise’’; and 

7 (B) in subsection (b), by striking para8 graph (3). 

9 (3) DEFINITION.—Section 3281 of the National 

10 Nuclear Security Administration Act (50 U.S.C. 

11 2471) is amended by adding at the end the following 

12 new paragraph: 

13 ‘‘(6) The term ‘nuclear security enterprise’ 

14 means the physical facilities, technology, and human 

15 capital of the national security laboratories and the 

16 nuclear weapons production facilities.’’. 

17 (b) TRANSFER OF FUNCTIONS.— 

18 (1) NEW TRANSFERS.— 

19 (A) IN GENERAL.—Section 3291 of the 

20 National Nuclear Security Administration Act 

21 (50 U.S.C. 2481) is amended to read as fol22 lows: 

23 ‘‘SEC. 3291. TRANSFER OF FUNCTIONS. 

24 ‘‘(a) AUTHORITY TO TRANSFER FUNCTIONS.—The 

25 Secretary of Energy may transfer to the Administrator 


smartinez on DSK6TPTVN1PROD with BILLS
1079 

HR 4310 RFS

1 any facility, mission, or function of the Department of En2 ergy that the Secretary, in consultation with the Adminis3 trator and Congress, determines to be consistent with the 

4 mission of the Administration. 

5 ‘‘(b) ENVIRONMENTAL REMEDIATION AND WASTE

6 MANAGEMENT ACTIVITIES.—In the case of any environ7 mental remediation and waste management activity of any 

8 element of the Administration, the Secretary of Energy 

9 may determine to transfer responsibility for that activity 

10 to another element of the Department of Energy. 

11 ‘‘(c) TRANSFER OF FUNDS.—(1) Any balance of ap12 propriations that the Secretary of Energy determines is 

13 available and needed to finance or discharge a function, 

14 power, or duty or an activity that is transferred to the 

15 Administration shall be transferred to the Administration 

16 and used for any purpose for which those appropriations 

17 were originally available. Balances of appropriations so 

18 transferred shall— 

19 ‘‘(A) be credited to any applicable appropriation 

20 account of the Administration; or 

21 ‘‘(B) be credited to a new account that may be 

22 established on the books of the Department of the 

23 Treasury; 

24 and shall be merged with the funds already credited 

25 to that account and accounted for as one fund. 


smartinez on DSK6TPTVN1PROD with BILLS
1080 

HR 4310 RFS

1 ‘‘(2) Balances of appropriations credited to an ac2 count under paragraph (1)(A) are subject only to such 

3 limitations as are specifically applicable to that account. 

4 Balances of appropriations credited to an account under 

5 paragraph (1)(B) are subject only to such limitations as 

6 are applicable to the appropriations from which they are 

7 transferred. 

8 ‘‘(d) PERSONNEL.—(1) With respect to any function, 

9 power, or duty or activity of the Department of Energy 

10 that is transferred to the Administration, those employees 

11 of the element of the Department of Energy from which 

12 the transfer is made that the Secretary of Energy deter13 mines are needed to perform that function, power, or duty, 

14 or for that activity, as the case may be, shall be trans15 ferred to the Administration. 

16 ‘‘(2) The authorized strength in civilian employees of 

17 any element of the Department of Energy from which em18 ployees are transferred under this section is reduced by 

19 the number of employees so transferred.’’. 

20 (B) CLERICAL AMENDMENT.—The table of 

21 contents at the beginning of the National Nu22 clear Security Administration Act is amended 

23 by striking the item relating to section 3291 

24 and inserting the following new item: 

‘‘Sec. 3291. Transfer of Functions.’’. 


smartinez on DSK6TPTVN1PROD with BILLS
1081 

HR 4310 RFS

1 (2) APPLICABILITY OF EXISTING LAWS AND

2 REGULATIONS.—Section 3296 of the National Nu3 clear Security Administration Act (50 U.S.C. 2484) 

4 is amended to read as follows: 

5 ‘‘SEC. 3296. APPLICABILITY OF PREEXISTING LAWS AND 

6 REGULATIONS. 

7 ‘‘With respect to any facility, mission, or function of 

8 the Department of Energy that the Secretary of Energy 

9 transfers to the Administrator under section 3291, unless 

10 otherwise provided in this title, all provisions of law and 

11 regulations in effect immediately before the date of the 

12 transfer that are applicable to such facility, mission, or 

13 functions shall continue to apply to the corresponding 

14 functions of the Administration.’’. 

15 (3) RULE OF CONSTRUCTION.—Nothing in sec16 tion 3291 of the National Nuclear Security Adminis17 tration Act (50 U.S.C. 2481), as amended by para18 graph (1), may be construed to affect any function 

19 or activity transferred by the Secretary of Energy to 

20 the Administrator for Nuclear Security before the 

21 date of the enactment of this Act. 

22 (c) REPEAL OF EXPIRED PROVISIONS.— 

23 (1) IN GENERAL.—The following sections of the 

24 National Nuclear Security Administration Act (50 

25 U.S.C. 2401 et seq.) are repealed: 


smartinez on DSK6TPTVN1PROD with BILLS
1082 

HR 4310 RFS

1 (A) Section 3242 (50 U.S.C. 2442). 

2 (B) Section 3292 (50 U.S.C. 2482). 

3 (C) Section 3295 (50 U.S.C. 2483). 

4 (D) Section 3297 (50 U.S.C. 2401 note). 

5 (2) CLERICAL AMENDMENTS.—The table of 

6 contents at the beginning of the National Nuclear 

7 Security Administration Act is amended by striking 

8 the item relating to sections 3242, 3292, 3295, and 

9 3297. 

10 (d) TECHNICAL AMENDMENTS TO THE NNSA 

11 ACT.—The National Nuclear Security Administration Act 

12 (50 U.S.C. 2401 et seq.) is amended as follows: 

13 (1) In section 3212(a)(2) (50 U.S.C. 2402), by 

14 striking ‘‘as added by section 3202 of this Act,’’. 

15 (2) In section 3253(b)(3) (50 U.S.C. 

16 2453(b)(3)), by striking ‘‘section 3158 of the Strom 

17 Thurmond National Defense Authorization Act for 

18 Fiscal Year 1999 (42 U.S.C. 2121 note)’’ and in19 serting ‘‘section 4202(a) of the Atomic Energy De20 fense Act (50 U.S.C. 2522(a))’’. 

21 (3) In section 3281(2) (50 U.S.C. 2471(2))— 

22 (A) in subparagraph (C), by striking ‘‘Y– 

23 12 Plant’’ and inserting ‘‘Y–12 National Secu24 rity Complex’’; and 


smartinez on DSK6TPTVN1PROD with BILLS
1083 

HR 4310 RFS

1 (B) in subparagraph (D), by striking ‘‘trit2 ium operations facilities at the’’. 

3 (4) By striking ‘‘Nevada Test Site’’ each place 

4 it appears and inserting ‘‘Nevada National Security 

5 Site’’. 

6 (e) TECHNICAL AMENDMENT TO THE DOE ORGANI7 ZATION ACT.—Section 643 of the Department of Energy 

8 Organization Act (42 U.S.C. 7253) is amended by redesig9 nating the second subsection (b) as subsection (c). 

10 SEC. 3133. CLARIFICATION OF THE ROLE OF THE ADMINIS11 TRATOR FOR NUCLEAR SECURITY. 

12 (a) ROLE UNDER NNSA ACT.— 

13 (1) FUNCTION.—Section 3212 of the National 

14 Nuclear Security Administration Act (50 U.S.C. 

15 2402(b)) is amended— 

16 (A) in subsection (b), by striking ‘‘all pro17 grams and activities of the Administration’’ and 

18 inserting ‘‘all programs, policies, regulations, 

19 and rules of the Administration’’; and 

20 (B) in subsection (d), by striking ‘‘, unless 

21 disapproved by the Secretary of Energy.’’ and 

22 inserting ‘‘to carry out the mission and func23 tions of the Administration, except as provided 

24 by section 3219.’’. 

25 (2) ROLE OF THE SECRETARY OF ENERGY.— 


smartinez on DSK6TPTVN1PROD with BILLS
1084 

HR 4310 RFS

1 (A) IN GENERAL.—Section 3219 of the 

2 National Nuclear Security Administration Act 

3 (50 U.S.C. 2409) is amended to read as fol4 lows: 

5 ‘‘SEC. 3219. SCOPE OF AUTHORITY OF SECRETARY OF EN6 ERGY REGARDING THE ADMINISTRATION. 

7 ‘‘(a) IN GENERAL.—(1) The Secretary of Energy 

8 may disapprove any action, policy, regulation, or rule of 

9 the Administrator if— 

10 ‘‘(A) the Secretary submits to the congressional 

11 defense committees justification for such dis12 approval; and 

13 ‘‘(B) a period of 15 days has elapsed following 

14 the date on which such justification was submitted. 

15 ‘‘(2) Nothing in this title may be construed to provide 

16 authority to the Secretary of Energy to administer, en17 force, or oversee the activities under this title except— 

18 ‘‘(A) as provided by paragraph (1); or 

19 ‘‘(B) to the extent otherwise specifically pro20 vided by law. 

21 ‘‘(3) Except as provided by this section, the Adminis22 trator shall have complete authority to establish and con23 duct oversight of policies, activities, and procedures of the 

24 Administration without direction or oversight by the Sec25 retary of Energy. 


smartinez on DSK6TPTVN1PROD with BILLS
1085 

HR 4310 RFS

1 ‘‘(4) The authority of the Secretary under paragraph 

2 (1) may be delegated only to the Deputy Secretary of En3 ergy, without further redelegation. 

4 ‘‘(b) LIMITATION ON TRANSFER.—Notwithstanding 

5 the authority granted by section 643 of the Department 

6 of Energy Organization Act (42 U.S.C. 7253) or any other 

7 provision of law, the Secretary of Energy may not estab8 lish, abolish, alter, consolidate, or discontinue any organi9 zational unit or component, or transfer any function, of 

10 the Administration, except as authorized by section 

11 3291.’’. 

12 (B) CLERICAL AMENDMENT.—The table of 

13 contents at the beginning of the National Nu14 clear Security Administration Act is amended 

15 by striking the item relating to section 3219 

16 and inserting the following new item: 

‘‘Sec. 3219. Scope of Authority of Secretary of Energy regarding the Administration.’’. 

17 (C) DEPARTMENT OF ENERGY ORGANIZA18 TION ACT.—Section 202(c)(3) of the Depart19 ment of Energy Organization Act (42 U.S.C. 

20 7132(c)(3)) is amended to read as follows: 

21 ‘‘(3) The Under Secretary for Nuclear Security shall 

22 serve as the Administrator for Nuclear Security under sec23 tion 3212 of the National Nuclear Security Administration 

24 Act (50 U.S.C. 2402). In carrying out the functions of 


smartinez on DSK6TPTVN1PROD with BILLS
1086 

HR 4310 RFS

1 the Administrator, the Under Secretary shall be subject 

2 to the authority of the Secretary of Energy in accordance 

3 with section 3219 of such Act (50 U.S.C. 2409).’’. 

4 (3) STATUS OF ADMINISTRATION AND CON5 TRACTOR PERSONNEL.—Section 3220 of the Na6 tional Nuclear Security Administration Act (50 

7 U.S.C. 2410) is amended— 

8 (A) in subsection (a)— 

9 (i) in paragraph (1)— 

10 (I) by striking subparagraph (A); 

11 and 

12 (II) by redesignating subpara13 graph (B) and (C) as subparagraph 

14 (A) and (B), respectively; 

15 (ii) in paragraph (2), by striking ‘‘any 

16 other officer, employee, or agent of the De17 partment of Energy’’ and inserting ‘‘any 

18 officer, employee, or agent of the Depart19 ment of Energy, except as provided by sec20 tion 3219’’; and 

21 (B) in subsection (b), by striking ‘‘except 

22 for’’ and all that follows through the period and 

23 inserting ‘‘except as provided by section 3219.’’. 

24 (4) OFFICE OF DEFENSE NUCLEAR SECU25 RITY.—Section 3232 of the National Nuclear SecuVerDate Mar 15 2010 01:00 Jun 20, 2012 Jkt 019200 PO 00000 Frm 01086 Fmt 6652 Sfmt 6201 E:\BILLS\H4310.RFS H4310

smartinez on DSK6TPTVN1PROD with BILLS
1087 

HR 4310 RFS

1 rity Administration Act (50 U.S.C. 2422) is amend2 ed to read as follows: 

3 ‘‘SEC. 3232. OFFICE OF DEFENSE NUCLEAR SECURITY. 

4 ‘‘(a) ESTABLISHMENT.—There is within the Admin5 istration an Office of Defense Nuclear Security, headed 

6 by a Chief appointed by the Administrator. 

7 ‘‘(b) CHIEF OF DEFENSE NUCLEAR SECURITY.—(1) 

8 The head of the Office of Defense Nuclear Security is the 

9 Chief of Defense Nuclear Security, who shall report to the 

10 Administrator and shall implement the security policies di11 rected by the Administrator. 

12 ‘‘(2) The Chief shall be responsible for the develop13 ment and implementation of security programs and poli14 cies for the Administration, including the protection, con15 trol, and accounting of materials, and for the physical and 

16 cyber security for all facilities of the Administration.’’. 

17 (5) COUNTERINTELLIGENCE PROGRAMS.—Sec18 tion 3233 of the National Nuclear Security Adminis19 tration Act (50 U.S.C. 2423) is amended in each of 

20 subsections (a) and (b) by striking ‘‘The Secretary 

21 of Energy shall’’ and inserting ‘‘The Secretary of 

22 Energy, in coordination with the Administrator, 

23 shall’’. 

24 (6) BUDGET TREATMENT.—Section 3251(a) of 

25 the National Nuclear Security Administration Act 


smartinez on DSK6TPTVN1PROD with BILLS
1088 

HR 4310 RFS

1 (50 U.S.C. 2451(a)) is amended by striking ‘‘within 

2 the other amounts requested for the Department of 

3 Energy’’ and inserting ‘‘from the amounts requested 

4 for any other agency, including the Department of 

5 Energy’’. 

6 (7) FUTURE-YEARS NUCLEAR SECURITY PRO7 GRAM.—Section 3253(b)(6) of the National Nuclear 

8 Security Administration Act (50 U.S.C. 2453(b)(6)) 

9 is amended by striking ‘‘, developed in consultation 

10 with the Director of the Office of Health, Safety, 

11 and Security of the Department of Energy,’’. 

12 (b) ROLE UNDER THE AEDA.— 

13 (1) STOCKPILE STEWARDSHIP.—Section 

14 4201(a) of the Atomic Energy Defense Act (50 

15 U.S.C. 2521(a)) is amended by striking ‘‘The Sec16 retary of Energy, acting through the Administrator 

17 for Nuclear Security,’’ and inserting ‘‘The Adminis18 trator’’. 

19 (2) REPORT ON STOCKPILE STEWARDSHIP.— 

20 Section 4202 of the Atomic Energy Defense Act (50 

21 U.S.C. 2522) is amended— 

22 (A) in subsection (a)— 

23 (i) by striking ‘‘The Secretary of En24 ergy’’ and inserting ‘‘The Administrator’’; 

25 and 


smartinez on DSK6TPTVN1PROD with BILLS
1089 

HR 4310 RFS

1 (ii) by striking ‘‘Department of En2 ergy’’ and inserting ‘‘Administration’’; and 

3 (B) in subsection (b), by striking ‘‘The 

4 Secretary of Energy’’ and inserting ‘‘The Ad5 ministrator’’. 

6 (3) STOCKPILE MANAGEMENT.—Section 4204 

7 of the Atomic Energy Defense Act (50 U.S.C. 2524) 

8 is amended— 

9 (A) in subsection (a), by striking ‘‘The 

10 Secretary of Energy, acting through the Admin11 istrator for Nuclear Security and’’ and inserting 

12 ‘‘The Administrator,’’; and 

13 (B) in subsection (b), by striking ‘‘Sec14 retary of Energy’’ and inserting ‘‘Adminis15 trator’’. 

16 (4) ANNUAL ASSESSMENTS.—Section 4205(h) 

17 of the Atomic Energy Defense Act (50 U.S.C. 

18 2525(h)) is amended to read as follows: 

19 ‘‘(h) SECRETARY CONCERNED DEFINED.—In this 

20 section, the term ‘Secretary concerned’ means— 

21 ‘‘(1) the Secretary of Energy, with respect to 

22 matters concerning the Administration; and 

23 ‘‘(2) the Secretary of Defense, with respect to 

24 matters concerning the Department of Defense.’’. 


smartinez on DSK6TPTVN1PROD with BILLS
1090 

HR 4310 RFS

1 (5) NUCLEAR TEST BAN READINESS PRO2 GRAM.—Section 4207 of the Atomic Energy Defense 

3 Act (50 U.S.C. 2527) is amended— 

4 (A) in subsection (b), by striking ‘‘Sec5 retary of Energy’’ and inserting ‘‘Adminis6 trator’’; and 

7 (B) in subsection (d), by striking ‘‘Sec8 retary of Energy’’ and inserting ‘‘Adminis9 trator’’. 

10 (6) SPECIFIC REQUEST REQUIREMENT.—Sec11 tion 4209 of the Atomic Energy Defense Act (50 

12 U.S.C. 2529) is amended— 

13 (A) in subsection (a)(1)— 

14 (i) by striking ‘‘ after fiscal year 2002 

15 in which the Secretary of Energy’’ and in16 serting ‘‘in which the Administrator’’; and 

17 (ii) by striking ‘‘the Secretary shall’’ 

18 and inserting ‘‘the Administrator shall’’; 

19 and 

20 (B) in subsection (b), by striking ‘‘Sec21 retary shall’’ and inserting ‘‘Administrator 

22 shall’’. 

23 (7) MANUFACTURING INFRASTRUCTURE.—Sec24 tion 4212(a)(1) of the Atomic Energy Defense Act 


smartinez on DSK6TPTVN1PROD with BILLS
1091 

HR 4310 RFS

1 (50 U.S.C. 2532(a)(1)) is amended by striking ‘‘Sec2 retary of Energy’’ and inserting ‘‘Administrator’’. 

3 (8) PLAN FOR TRANSFORMATION.—Section 

4 4214 of the Atomic Energy Defense Act (50 U.S.C. 

5 2534), as amended by section 3131(g)(1), is amend6 ed by striking ‘‘Secretary of Energy’’ each place it 

7 appears and inserting ‘‘Administrator’’. 

8 (9) NUCLEAR MATERIALS PROTECTION, CON9 TROL, AND ACCOUNTING.—Section 4303(a) of the 

10 Atomic Energy Defense Act (50 U.S.C. 2563(a)) is 

11 amended— 

12 (A) by striking ‘‘Secretary of Energy’’ and 

13 inserting ‘‘Administrator’’; and 

14 (B) by striking ‘‘Department of Energy’’ 

15 and inserting ‘‘Administration’’. 

16 (10) TRITIUM PRODUCTION PROGRAM.—Section 

17 4231 of the Atomic Energy Defense Act (50 U.S.C. 

18 2541), as amended by section 3131(h), is amend19 ed— 

20 (A) by striking ‘‘Secretary’’ each place it 

21 appears and inserting ‘‘Administrator’’; and 

22 (B) in subsection (b), by striking ‘‘Depart23 ment of Energy’’ and inserting ‘‘Administra24 tion’’. 


smartinez on DSK6TPTVN1PROD with BILLS
1092 

HR 4310 RFS

1 (11) TRITIUM RECYCLING FACILITIES.—Section 

2 4234 of the Atomic Energy Defense Act (50 U.S.C. 

3 2544), as amended by section 3131(i), is amended 

4 by striking ‘‘Secretary’’ and inserting ‘‘Adminis5 trator’’. 

6 (12) CERTAIN FISSILE MATERIALS PROGRAM.— 

7 Section 4305 of the Atomic Energy Defense Act (50 

8 U.S.C. 2565) is amended by striking ‘‘Secretary of 

9 Energy’’ and inserting ‘‘Administrator’’. 

10 (13) FISSILE MATERIALS MANAGEMENT

11 PLAN.—Section 4403(a)(1) of the Atomic Energy 

12 Defense Act (50 U.S.C. 2583(a)(1)) is amended by 

13 striking ‘‘the Office of Defense Programs’’ and in14 serting ‘‘the Administration’’. 

15 (14) RESTRICTED DATA.—Section 4501(a) of 

16 the Atomic Energy Defense Act (50 U.S.C. 2651(a)) 

17 is amended by striking ‘‘The Secretary of Energy’’ 

18 and inserting ‘‘The Administrator’’. 

19 (15) BACKGROUND INVESTIGATIONS.—Section 

20 4503 of the Atomic Energy Defense Act (50 U.S.C. 

21 2653), as amended by section 3131(l), is amended 

22 by striking ‘‘The Secretary of Energy’’ and inserting 

23 ‘‘The Administrator’’. 


smartinez on DSK6TPTVN1PROD with BILLS
1093 

HR 4310 RFS

1 (16) COUNTERINTELLIGENCE FAILURES.—Sec2 tion 4505 of the Atomic Energy Defense Act (50 

3 U.S.C. 2656) is amended— 

4 (A) by striking ‘‘Secretary of Energy’’ each 

5 place it appears and inserting ‘‘Administrator’’; 

6 (B) by striking ‘‘Secretary’’ each place it 

7 appears and inserting ‘‘Administrator’’; 

8 (C) by striking ‘‘Department of Energy’’ 

9 each place it appears and inserting ‘‘Adminis10 tration’’; and 

11 (D) by striking ‘‘Department’’ each place 

12 it appears and inserting ‘‘Administration’’. 

13 (17) SECURITY FUNCTIONS REPORT.—Section 

14 4506 of the Atomic Energy Defense Act (50 U.S.C. 

15 2657), as amended by section 3131(m), is amended 

16 by striking ‘‘the Secretary of Energy’’ and inserting 

17 ‘‘the Administrator’’. 

18 (18) COUNTERINTELLIGENCE REPORT.—Sec19 tion 4507(a) of the Atomic Energy Defense Act (50 

20 U.S.C. 2658(a)) is amended by striking ‘‘Secretary 

21 of Energy’’ and inserting ‘‘Administrator’’. 

22 (19) COMPUTER SECURITY REPORT.—Section 

23 4508 of the Atomic Energy Defense Act (50 U.S.C. 

24 2659) is amended— 


smartinez on DSK6TPTVN1PROD with BILLS
1094 

HR 4310 RFS

1 (A) in subsection (c), by striking ‘‘Sec2 retary of Energy’’ each place it appears and in3 serting ‘‘Administrator’’; and 

4 (B) in subsection (d), by striking ‘‘Sec5 retary’’ each place it appears and inserting 

6 ‘‘Administrator’’. 

7 (20) DOCUMENT REVIEW.—Section 4521 of the 

8 Atomic Energy Defense Act (50 U.S.C. 2671) is 

9 amended— 

10 (A) in subsection (a)— 

11 (i) by striking ‘‘Secretary of Energy’’ 

12 and inserting ‘‘Administrator’’; 

13 (ii) by striking ‘‘Department of En14 ergy’’ and inserting ‘‘Administration’’; and 

15 (B) in subsection (b), by striking ‘‘Sec16 retary’’ each place it appears and inserting 

17 ‘‘Administrator’’. 

18 (21) MANAGEMENT TRAINING.— 

19 (A) IN GENERAL.—Section 4621 of the 

20 Atomic Energy Defense Act (50 U.S.C. 2721) 

21 is amended— 

22 (i) in the heading, by inserting ‘‘AND

23 NATIONAL NUCLEAR SECURITY AD24 MINISTRATION’’ after ‘‘ENERGY’’; 

25 (ii) in subsection (a)— 


smartinez on DSK6TPTVN1PROD with BILLS
1095 

HR 4310 RFS

1 (I) by striking ‘‘Secretary of En2 ergy’’ and inserting ‘‘Under Secretary 

3 of Energy for Nuclear Security’’; and 

4 (II) by inserting ‘‘and the Ad5 ministration’’ after ‘‘the Department 

6 of Energy’’; and 

7 (iii) in subsection (b)(1), by inserting 

8 ‘‘and Administration’’ after ‘‘Department 

9 of Energy’’. 

10 (B) CLERICAL AMENDMENT.—The table of 

11 contents at the beginning of the Atomic Energy 

12 Defense Act is amended by striking the item re13 lating to section 4621 and inserting the fol14 lowing new item: 

‘‘Sec. 4621. Executive management training in the Department of Energy and 

National Nuclear Security Administration.’’. 

15 (22) RECRUITMENT AND TRAINING.—Section 

16 4622 of the Atomic Energy Defense Act (50 U.S.C. 

17 2722) is amended— 

18 (A) in subsection (a), by striking ‘‘the Sec19 retary of Energy’’ and inserting ‘‘the Adminis20 trator’’; and 

21 (B) in subsection (c), by striking ‘‘Sec22 retary’’ and inserting ‘‘Administrator’’. 


smartinez on DSK6TPTVN1PROD with BILLS
1096 

HR 4310 RFS

1 (23) FELLOWSHIP PROGRAM.—Section 4623 of 

2 the Atomic Energy Defense Act (50 U.S.C. 2723) is 

3 amended— 

4 (A) by striking ‘‘Secretary of Energy’’ each 

5 place it appears and inserting ‘‘Administrator’’; 

6 (B) by striking ‘‘Secretary’’ each place it 

7 appears and inserting ‘‘Administrator;’’; 

8 (C) in subsection (b)(1), by striking ‘‘De9 partment of Energy’’ and inserting ‘‘Adminis10 tration’’; and 

11 (D) in subsection (e), by striking ‘‘, in con12 sultation with the Assistant Secretary of En13 ergy for Defense Programs,’’. 

14 (24) TRANSFER OF WEAPONS FUNDS.—Section 

15 4711 of the Atomic Energy Defense Act (50 U.S.C. 

16 2751) is amended— 

17 (A) in subsection (a), by striking ‘‘Sec18 retary of Energy’’ and inserting ‘‘Adminis19 trator’’; 

20 (B) in subsection (d), by striking ‘‘Sec21 retary, acting through the Administrator for 

22 Nuclear Security,’’ and inserting ‘‘Adminis23 trator’’; and 

24 (C) in subsection (e)— 

25 (i) in paragraph (1)— 


smartinez on DSK6TPTVN1PROD with BILLS
1097 

HR 4310 RFS

1 (I) by striking ‘‘Department of 

2 Energy’’ and inserting ‘‘Administra3 tion’’; and 

4 (II) by striking ‘‘Department’’ 

5 and inserting ‘‘Administration’’; and 

6 (ii) in paragraph (2), by inserting ‘‘or 

7 the Administration’’ after ‘‘Department of 

8 Energy’’. 

9 (25) COST OVERRUNS.—Section 4713 of the 

10 Atomic Energy Defense Act (50 U.S.C. 2753) is 

11 amended— 

12 (A) in subsection (a)(2)— 

13 (i) in subparagraph (A)— 

14 (I) by striking ‘‘Secretary of En15 ergy’’ and inserting ‘‘Administrator’’; 

16 and 

17 (II) in clause (ii), by striking 

18 ‘‘Department’’ and inserting ‘‘Admin19 istration’’; and 

20 (ii) in subparagraph (B), by striking 

21 ‘‘Secretary’’ and inserting ‘‘Adminis22 trator’’; and 

23 (B) in subsection (c)(2)(B), by inserting 

24 ‘‘or the Administration’’ after ‘‘Department of 

25 Energy’’. 


smartinez on DSK6TPTVN1PROD with BILLS
1098 

HR 4310 RFS

1 (26) PENALTIES.—Section 4721(a) of the 

2 Atomic Energy Defense Act (50 U.S.C. 2761(a)) is 

3 amended by striking ‘‘the Department of Energy for 

4 the Naval Nuclear Propulsion Program’’ and insert5 ing ‘‘the Administration for the Naval Nuclear Reac6 tor Program’’. 

7 (27) RESEARCH AND DEVELOPMENT.—Section 

8 4811 of the Atomic Energy Defense Act (50 U.S.C. 

9 2791) is amended— 

10 (A) in subsection (a), by inserting ‘‘and 

11 the Administration’’ after ‘‘Department of En12 ergy’’; 

13 (B) in subsection (b)— 

14 (i) by striking ‘‘The Secretary’’ and 

15 inserting ‘‘(1) Except as provided by para16 graph (2), the Secretary’’; and 

17 (ii) by adding at the end the following 

18 new paragraph: 

19 ‘‘(2) With respect to the conduct of laboratory-di20 rected research and development at laboratories of the Ad21 ministration, the Administrator shall prescribe regulations 

22 for such conduct and oversee such regulations.’’; and 

23 (C) in subsection (c), by inserting ‘‘or the 

24 Administrator’’ after ‘‘the Secretary’’. 


smartinez on DSK6TPTVN1PROD with BILLS
1099 

HR 4310 RFS

1 (28) FUNDS FOR RESEARCH AND DEVELOP2 MENT.—Subsection (a)(1) of section 4812 of the 

3 Atomic Energy Defense Act (50 U.S.C. 2792(a)(1)) 

4 is amended— 

5 (A) by striking ‘‘the Department of Energy 

6 in’’ and inserting ‘‘the Administration in’’; 

7 (B) by striking ‘‘under the Department of 

8 Energy’’; and inserting ‘‘under the’’; 

9 (C) by striking ‘‘any Department of En10 ergy’’ and inserting ‘‘any’’; and 

11 (D) by striking ‘‘mission of the Depart12 ment of Energy’’ and inserting ‘‘mission of the 

13 Administration’’. 

14 SEC. 3134. CONSOLIDATED REPORTING REQUIREMENTS 

15 RELATING TO NUCLEAR STOCKPILE STEW16 ARDSHIP, MANAGEMENT, AND INFRASTRUC17 TURE. 

18 (a) CONSOLIDATED PLAN FOR STEWARDSHIP, MAN19 AGEMENT, AND CERTIFICATION OF WARHEADS IN THE

20 NUCLEAR WEAPONS STOCKPILE.— 

21 (1) IN GENERAL.—Section 4203 of the Atomic 

22 Energy Defense Act (50 U.S.C. 2523) is amended to 

23 read as follows: 


smartinez on DSK6TPTVN1PROD with BILLS
1100 

HR 4310 RFS

1 ‘‘SEC. 4203. NUCLEAR WEAPONS STOCKPILE STEWARDSHIP, 

2 MANAGEMENT, AND INFRASTRUCTURE PLAN. 

3 ‘‘(a) PLAN REQUIREMENT.—The Administrator, in 

4 consultation with the Secretary of Defense and other ap5 propriate officials of the departments and agencies of the 

6 Federal Government, shall develop and annually update 

7 a plan for sustaining the nuclear weapons stockpile. The 

8 plan shall cover, at a minimum, stockpile stewardship, 

9 stockpile management, stockpile surveillance, program di10 rection, infrastructure modernization, human capital, and 

11 nuclear test readiness. The plan shall be consistent with 

12 the programmatic and technical requirements of the most 

13 recent annual Nuclear Weapons Stockpile Memorandum. 

14 ‘‘(b) SUBMISSIONS TO CONGRESS.—(1) In accord15 ance with subsection (c), not later than March 15 of each 

16 even-numbered year, the Administrator shall submit to the 

17 congressional defense committees a summary of the plan 

18 developed under subsection (a). 

19 ‘‘(2) In accordance with subsection (d), not later than 

20 March 15 of each odd-numbered year, the Administrator 

21 shall submit to the congressional defense committees a de22 tailed report on the plan developed under subsection (a). 

23 ‘‘(3) The summaries and reports required by this sub24 section shall be submitted in unclassified form, but may 

25 include a classified annex. 


smartinez on DSK6TPTVN1PROD with BILLS
1101 

HR 4310 RFS

1 ‘‘(c) ELEMENTS OF BIENNIAL PLAN SUMMARY.— 

2 Each summary of the plan submitted under subsection 

3 (b)(1) shall include, at a minimum, the following: 

4 ‘‘(1) A summary of the status of the nuclear 

5 weapons stockpile, including the number and age of 

6 warheads (including both active and inactive) for 

7 each warhead type. 

8 ‘‘(2) A summary of the status, plans, budgets, 

9 and schedules for warhead life extension programs 

10 and any other programs to modify, update, or re11 place warhead types. 

12 ‘‘(3) A summary of the methods and informa13 tion used to determine that the nuclear weapons 

14 stockpile is safe and reliable, as well as the relation15 ship of science-based tools to the collection and in16 terpretation of such information. 

17 ‘‘(4) A summary of the status of the nuclear se18 curity enterprise, including programs and plans for 

19 infrastructure modernization and retention of human 

20 capital, as well as associated budgets and schedules. 

21 ‘‘(5) A summary of the status of achieving the 

22 purposes of the program established under section 

23 4207(b). 


smartinez on DSK6TPTVN1PROD with BILLS
1102 

HR 4310 RFS

1 ‘‘(6) Identification of any modifications or up2 dates to the plan since the previous summary or de3 tailed report was submitted under subsection (b). 

4 ‘‘(7) Such other information as the Adminis5 trator considers appropriate. 

6 ‘‘(d) ELEMENTS OF BIENNIAL DETAILED REPORT.— 

7 Each detailed report on the plan submitted under sub8 section (b)(2) shall include, at a minimum, the following: 

9 ‘‘(1) With respect to stockpile stewardship and 

10 management— 

11 ‘‘(A) the status of the nuclear weapons 

12 stockpile, including the number and age of war13 heads (including both active and inactive) for 

14 each warhead type; 

15 ‘‘(B) for each five-year period occurring 

16 during the period beginning on the date of the 

17 report and ending on the date that is 20 years 

18 after the date of the report— 

19 ‘‘(i) the planned number of nuclear 

20 warheads (including active and inactive) 

21 for each warhead type in the nuclear weap22 ons stockpile; and 

23 ‘‘(ii) the past and projected future 

24 total lifecycle cost of each type of nuclear 

25 weapon; 


smartinez on DSK6TPTVN1PROD with BILLS
1103 

HR 4310 RFS

1 ‘‘(C) the status, plans, budgets, and sched2 ules for warhead life extension programs and 

3 any other programs to modify, update, or re4 place warhead types; 

5 ‘‘(D) a description of the process by which 

6 the Administrator assesses the lifetimes, and re7 quirements for life extension or replacement, of 

8 the nuclear and non-nuclear components of the 

9 warheads (including active and inactive war10 heads) in the nuclear weapons stockpile; 

11 ‘‘(E) a description of the process used in 

12 recertifying the safety, security, and reliability 

13 of each warhead type in the nuclear weapons 

14 stockpile; 

15 ‘‘(F) any concerns of the Administrator 

16 which would affect the ability of the Adminis17 trator to recertify the safety, security, or reli18 ability of warheads in the nuclear weapons 

19 stockpile (including active and inactive war20 heads); 

21 ‘‘(G) mechanisms to provide for the manu22 facture, maintenance, and modernization of 

23 each warhead type in the nuclear weapons 

24 stockpile, as needed; 


smartinez on DSK6TPTVN1PROD with BILLS
1104 

HR 4310 RFS

1 ‘‘(H) mechanisms to expedite the collection 

2 of information necessary for carrying out the 

3 stockpile management program required by sec4 tion 4204, including information relating to the 

5 aging of materials and components, new manu6 facturing techniques, and the replacement or 

7 substitution of materials; 

8 ‘‘(I) mechanisms to ensure the appropriate 

9 assignment of roles and missions for each na10 tional security laboratory and nuclear weapons 

11 production facility, including mechanisms for 

12 allocation of workload, mechanisms to ensure 

13 the carrying out of appropriate modernization 

14 activities, and mechanisms to ensure the reten15 tion of skilled personnel; 

16 ‘‘(J) mechanisms to ensure that each na17 tional security laboratory has full and complete 

18 access to all weapons data to enable a rigorous 

19 peer-review process to support the annual as20 sessment of the condition of the nuclear weap21 ons stockpile required under section 4205; 

22 ‘‘(K) mechanisms for allocating funds for 

23 activities under the stockpile management pro24 gram required by section 4204, including alloVerDate Mar 15 2010 01:00 Jun 20, 2012 Jkt 019200 PO 00000 Frm 01104 Fmt 6652 Sfmt 6201 E:\BILLS\H4310.RFS H4310

smartinez on DSK6TPTVN1PROD with BILLS
1105 

HR 4310 RFS

1 cations of funds by weapon type and facility; 

2 and 

3 ‘‘(L) for each of the five fiscal years fol4 lowing the fiscal year in which the report is 

5 submitted, an identification of the funds needed 

6 to carry out the program required under section 

7 4204. 

8 ‘‘(2) With respect to science-based tools— 

9 ‘‘(A) a description of the information need10 ed to determine that the nuclear weapons stock11 pile is safe and reliable; 

12 ‘‘(B) for each science-based tool used to 

13 collect information described in subparagraph 

14 (A), the relationship between such tool and 

15 such information and the effectiveness of such 

16 tool in providing such information based on the 

17 criteria developed pursuant to section 4202(a); 

18 and 

19 ‘‘(C) the criteria developed under section 

20 4202(a) (including any updates to such cri21 teria). 

22 ‘‘(3) An assessment of the stockpile stewardship 

23 program under section 4201 by the Administrator, 

24 in consultation with the directors of the national se25 curity laboratories, which shall set forth— 


smartinez on DSK6TPTVN1PROD with BILLS
1106 

HR 4310 RFS

1 ‘‘(A) an identification and description of— 

2 ‘‘(i) any key technical challenges to 

3 the stockpile stewardship program; and 

4 ‘‘(ii) the strategies to address such 

5 challenges without the use of nuclear test6 ing; 

7 ‘‘(B) a strategy for using the science-based 

8 tools (including advanced simulation and com9 puting capabilities) of each national security 

10 laboratory to ensure that the nuclear weapons 

11 stockpile is safe, secure, and reliable without 

12 the use of nuclear testing. 

13 ‘‘(C) an assessment of the science-based 

14 tools (including advanced simulation and com15 puting capabilities) of each national security 

16 laboratory that exist at the time of the assess17 ment compared with the science-based tools ex18 pected to exist during the period covered by the 

19 future-years nuclear security program; and 

20 ‘‘(D) an assessment of the core scientific 

21 and technical competencies required to achieve 

22 the objectives of the stockpile stewardship pro23 gram and other weapons activities and weap24 ons-related activities of the Administration, in25 cluding— 


smartinez on DSK6TPTVN1PROD with BILLS
1107 

HR 4310 RFS

1 ‘‘(i) the number of scientists, engi2 neers, and technicians, by discipline, re3 quired to maintain such competencies; and 

4 ‘‘(ii) a description of any shortage of 

5 such individuals that exists at the time of 

6 the assessment compared with any short7 age expected to exist during the period cov8 ered by the future-years nuclear security 

9 program. 

10 ‘‘(4) With respect to the nuclear security infra11 structure— 

12 ‘‘(A) a description of the modernization 

13 and refurbishment measures the Administrator 

14 determines necessary to meet the requirements 

15 prescribed in— 

16 ‘‘(i) the national security strategy of 

17 the United States as set forth in the most 

18 recent national security strategy report of 

19 the President under section 108 of the Na20 tional Security Act of 1947 (50 U.S.C. 

21 404a) if such strategy has been submitted 

22 as of the date of the plan; 

23 ‘‘(ii) the most recent quadrennial de24 fense review if such strategy has not been 

25 submitted as of the date of the plan; and 


smartinez on DSK6TPTVN1PROD with BILLS
1108 

HR 4310 RFS

1 ‘‘(iii) the most recent nuclear posture 

2 review as of the date of the plan; 

3 ‘‘(B) a schedule for implementing the 

4 measures described under subparagraph (A) 

5 during the 10-year period following the date of 

6 the plan; and 

7 ‘‘(C) the estimated levels of annual funds 

8 the Administrator determines necessary to 

9 carry out the measures described under sub10 paragraph (A), including a discussion of the cri11 teria, evidence, and strategies on which such es12 timated levels of annual funds are based. 

13 ‘‘(5) With respect to the nuclear test readiness 

14 of the United States— 

15 ‘‘(A) an estimate of the period of time that 

16 would be necessary for the Administrator to 

17 conduct an underground test of a nuclear weap18 on once directed by the President to conduct 

19 such a test; 

20 ‘‘(B) a description of the level of test read21 iness that the Administrator, in consultation 

22 with the Secretary of Defense, determines to be 

23 appropriate; 

24 ‘‘(C) a list and description of the workforce 

25 skills and capabilities that are essential to carVerDate Mar 15 2010 01:00 Jun 20, 2012 Jkt 019200 PO 00000 Frm 01108 Fmt 6652 Sfmt 6201 E:\BILLS\H4310.RFS H4310

smartinez on DSK6TPTVN1PROD with BILLS
1109 

HR 4310 RFS

1 rying out an underground nuclear test at the 

2 Nevada National Security Site; 

3 ‘‘(D) a list and description of the infra4 structure and physical plants that are essential 

5 to carrying out an underground nuclear test at 

6 the Nevada National Security Site; and 

7 ‘‘(E) an assessment of the readiness status 

8 of the skills and capabilities described in sub9 paragraph (C) and the infrastructure and phys10 ical plants described in subparagraph (D). 

11 ‘‘(6) With respect to the program established 

12 under section 4207(b), a description of the progress 

13 made to the date of the report in achieving the pur14 poses of such program. 

15 ‘‘(7) Identification of any modifications or up16 dates to the plan since the previous summary or de17 tailed report was submitted under subsection (b). 

18 ‘‘(e) NUCLEAR WEAPONS COUNCIL ASSESSMENT.— 

19 (1) For each detailed report on the plan submitted under 

20 subsection (b)(2), the Nuclear Weapons Council estab21 lished by section 179 of title 10, United States Code, shall 

22 conduct an assessment that includes the following: 

23 ‘‘(A) An analysis of the plan, including— 

24 ‘‘(i) whether the plan supports the require25 ments of the national security strategy of the 


smartinez on DSK6TPTVN1PROD with BILLS
1110 

HR 4310 RFS

1 United States or the most recent quadrennial 

2 defense review, as applicable under subsection 

3 (d)(4)(A), and the Nuclear Posture Review; and 

4 ‘‘(ii) whether the modernization and refur5 bishment measures described under subpara6 graph (A) of paragraph (4) and the schedule 

7 described under subparagraph (B) of such 

8 paragraph are adequate to support such re9 quirements. 

10 ‘‘(B) An analysis of whether the plan ade11 quately addresses the requirements for infrastruc12 ture recapitalization of the facilities of the nuclear 

13 security enterprise. 

14 ‘‘(C) If the Nuclear Weapons Council deter15 mines that the plan does not adequately support 

16 modernization and refurbishment requirements 

17 under subparagraph (A) or the nuclear security en18 terprise facilities infrastructure recapitalization re19 quirements under subparagraph (B), a risk assess20 ment with respect to— 

21 ‘‘(i) supporting the annual certification of 

22 the nuclear weapons stockpile; and 

23 ‘‘(ii) maintaining the long-term safety, se24 curity, and reliability of the nuclear weapons 

25 stockpile. 


smartinez on DSK6TPTVN1PROD with BILLS
1111 

HR 4310 RFS

1 ‘‘(2) Not later than 180 days after the date on which 

2 the Administrator submits the plan under subsection 

3 (b)(2), the Nuclear Weapons Council shall submit to the 

4 congressional defense committees a report detailing the as5 sessment required under paragraph (1). 

6 ‘‘(f) DEFINITIONS.—In this section: 

7 ‘‘(1) The term ‘budget’, with respect to a fiscal 

8 year, means the budget for that fiscal year that is 

9 submitted to Congress by the President under sec10 tion 1105(a) of title 31, United States Code. 

11 ‘‘(2) The term ‘future-years nuclear security 

12 program’ means the program required by section 

13 3253 of the National Nuclear Security Administra14 tion Act (50 U.S.C. 2453). 

15 ‘‘(3) The term ‘nuclear security budget mate16 rials’, with respect to a fiscal year, means the mate17 rials submitted to Congress by the Administrator for 

18 the National Nuclear Security Administration in 

19 support of the budget for that fiscal year. 

20 ‘‘(4) The term ‘quadrennial defense review’ 

21 means the review of the defense programs and poli22 cies of the United States that is carried out every 

23 four years under section 118 of title 10, United 

24 States Code. 


smartinez on DSK6TPTVN1PROD with BILLS
1112 

HR 4310 RFS

1 ‘‘(5) The term ‘weapons activities’ means each 

2 activity within the budget category of weapons ac3 tivities in the budget of the National Nuclear Secu4 rity Administration. 

5 ‘‘(6) The term ‘weapons-related activities’ 

6 means each activity under the Department of En7 ergy that involves nuclear weapons, nuclear weapons 

8 technology, or fissile or radioactive materials, includ9 ing activities related to— 

10 ‘‘(A) nuclear nonproliferation; 

11 ‘‘(B) nuclear forensics; 

12 ‘‘(C) nuclear intelligence; 

13 ‘‘(D) nuclear safety; and 

14 ‘‘(E) nuclear incident response.’’. 

15 (2) CLERICAL AMENDMENT.—The table of con16 tents for the Atomic Energy Defense Act is amended 

17 by striking the item relating to section 4203 and in18 serting the following new item: 

‘‘Sec. 4203. Nuclear weapons stockpile stewardship, management, and infrastructure plan.’’. 

19 (b) REPEAL OF REQUIREMENT FOR BIENNIAL RE20 PORT ON STOCKPILE STEWARDSHIP CRITERIA.— 

21 (1) IN GENERAL.—Section 4202 of the Atomic 

22 Energy Defense Act (50 U.S.C. 2522) is amended 

23 by striking subsections (c) and (d). 


smartinez on DSK6TPTVN1PROD with BILLS
1113 

HR 4310 RFS

1 (2) TECHNICAL AMENDMENT.—The heading of 

2 such section is amended to read as follows: 

3 ‘‘STOCKPILE STEWARDSHIP CRITERIA’’. 

4 (3) CLERICAL AMENDMENT.—The table of con5 tents for the Atomic Energy Defense Act is amended 

6 by striking the item relating to section 4202 and in7 serting the following new item: 

‘‘Sec. 4202. Stockpile stewardship criteria.’’. 

8 (c) REPEAL OF REQUIREMENT FOR BIENNIAL PLAN

9 ON MODERNIZATION AND REFURBISHMENT OF THE NU10 CLEAR SECURITY COMPLEX.—Section 4203A of the 

11 Atomic Energy Defense Act (50 U.S.C. 2523A) is re12 pealed. 

13 (d) REPEAL OF REQUIREMENT FOR ANNUAL UP14 DATE TO STOCKPILE MANAGEMENT PROGRAM PLAN.— 

15 Section 4204 of the Atomic Energy Defense Act (50 

16 U.S.C. 2524) is amended— 

17 (1) by striking subsections (c) and (d); and 

18 (2) by redesignating subsection (e) as sub19 section (c). 

20 (e) NUCLEAR TEST BAN READINESS PROGRAM.— 

21 Section 4207 of the Atomic Energy Defense Act (50 

22 U.S.C. 2527) is amended by striking subsection (e). 

23 (f) REPEAL OF REQUIREMENT FOR REPORTS ON NU24 CLEAR TEST READINESS.— 

25 (1) AEDA.— 


smartinez on DSK6TPTVN1PROD with BILLS
1114 

HR 4310 RFS

1 (A) IN GENERAL.—Section 4208 of the 

2 Atomic Energy Defense Act (50 U.S.C. 2528) 

3 is repealed. 

4 (B) CLERICAL AMENDMENT.—The table of 

5 contents for the Atomic Energy Defense Act is 

6 amended by striking the item relating to section 

7 4208. 

8 (2) NDAA FISCAL YEAR 1996.—Section 3152 of 

9 the National Defense Authorization Act for Fiscal 

10 Year 1996 (Public Law 104–106; 110 Stat. 623) is 

11 repealed. 

12 SEC. 3135. REPEAL OF CERTAIN REPORTING REQUIRE13 MENTS. 

14 (a) GAO ENVIRONMENTAL MANAGEMENT RE15 PORTS.—Section 3134 of the National Defense Authoriza16 tion Act for Fiscal Year 2010 (Public Law 111–84; 123 

17 Stat. 2713) is amended— 

18 (1) in subsection (c)— 

19 (A) in paragraph (1), by striking ‘‘The 

20 Comptroller’’ and all that follows through 

21 ‘‘(2),’’ and inserting ‘‘Beginning on the date on 

22 which the report under subsection (b)(2) is sub23 mitted, the Comptroller General shall conduct a 

24 review’’; 

25 (B) by striking paragraph (2); 


smartinez on DSK6TPTVN1PROD with BILLS
1115 

HR 4310 RFS

1 (C) by redesignating paragraph (3) as 

2 paragraph (2); and 

3 (D) in paragraph (2), as so redesignated, 

4 by striking ‘‘the end of the period described in 

5 paragraph (2)’’ and inserting ‘‘August 30, 

6 2012’’; and 

7 (2) in subsection (d)— 

8 (A) in paragraph (1), by striking ‘‘sub9 section (c)(3)’’ and inserting ‘‘subsection 

10 (c)(2)’’; and 

11 (B) in paragraph (2), by striking ‘‘90 

12 days’’ and all that follows through ‘‘(c)(3)’’ and 

13 inserting ‘‘April 30, 2016, or the date that is 

14 210 days after the date on which all American 

15 Recovery and Reinvestment Act funds have 

16 been obligated or expended (or are no longer 

17 available to be obligated or expended), which18 ever is earlier’’. 

19 (b) WORKFORCE RESTRUCTURING PLAN UP20 DATES.— 

21 (1) IN GENERAL.—Section 4604 of the Atomic 

22 Energy Defense Act (50 U.S.C. 2704), as amended 

23 by section 3131(q)(1), is amended— 

24 (A) in subsection (b)(1), by striking ‘‘and 

25 any updates of the plan under subsection (e)’’; 


smartinez on DSK6TPTVN1PROD with BILLS
1116 

HR 4310 RFS

1 (B) by striking subsection (e); 

2 (C) in subsection (f)— 

3 (i) by striking paragraph (2); and 

4 (ii) by redesignating paragraph (3), as 

5 added by such section 3131(q)(1), as para6 graph (2); and 

7 (D) by redesignating subsections (f) and 

8 (g) as subsections (e) and (f), respectively. 

9 (2) CONFORMING AMENDMENT.—Section 

10 4643(d)(1) of the Atomic Energy Defense Act (50 

11 U.S.C. 2733(d)(1)) is amended by striking ‘‘section 

12 4604(g)’’ and inserting ‘‘section 4604(f)’’. 

13 (c) UNCLASSIFIED CONTROLLED NUCLEAR INFOR14 MATION QUARTERLY REPORT.—Section 148 of the Atom15 ic Energy Act of 1954 (42 U.S.C. 2168) is amended by 

16 striking subsection e. 

17 Subtitle D—Reports 

18 SEC. 3141. NOTIFICATION OF NUCLEAR CRITICALITY AND 

19 NON-NUCLEAR INCIDENTS. 

20 (a) NOTIFICATION.— 

21 (1) IN GENERAL.—The Atomic Energy Defense 

22 Act (50 U.S.C. 2501 et seq.) is amended by adding 

23 after section 4645, as added by section 3151, the 

24 following new section: 


smartinez on DSK6TPTVN1PROD with BILLS
1117 

HR 4310 RFS

1 ‘‘SEC. 4646. NOTIFICATION OF NUCLEAR CRITICALITY AND 

2 NON-NUCLEAR INCIDENTS. 

3 ‘‘(a) NOTIFICATION.—The Secretary of Energy and 

4 the Administrator, as the case may be, shall submit to 

5 the appropriate congressional committees a notification of 

6 a nuclear criticality incident resulting from a covered pro7 gram that results in an injury or fatality or results in the 

8 shut-down, or partial shut-down, of a covered facility by 

9 not later than 15 days after the date of such incident. 

10 ‘‘(b) ELEMENTS OF NOTIFICATION.—Each notifica11 tion submitted under subsection (a) shall include the fol12 lowing: 

13 ‘‘(1) A description of the incident, including the 

14 cause of the incident. 

15 ‘‘(2) In the case of a criticality incident, wheth16 er the incident caused a facility, or part of a facility, 

17 to be shut-down. 

18 ‘‘(3) The affect, if any, on the mission of the 

19 Administration or the Office of Environmental Man20 agement of the Department of Energy. 

21 ‘‘(4) Any corrective action taken in response to 

22 the incident. 

23 ‘‘(c) DATABASE.—(1) The Secretary and the Admin24 istrator shall each maintain a record of incidents described 

25 in paragraph (2). 


smartinez on DSK6TPTVN1PROD with BILLS
1118 

HR 4310 RFS

1 ‘‘(2) An incident described in this paragraph is any 

2 of the following incidents resulting from a covered pro3 gram: 

4 ‘‘(A) A nuclear criticality incident that results 

5 in an injury or fatality or results in the shut-down, 

6 or partial shut-down, of a covered facility. 

7 ‘‘(B) A non-nuclear incident that results in seri8 ous bodily injury or fatality at a covered facility. 

9 ‘‘(d) COOPERATION.—In carrying out this section, 

10 the Secretary and the Administrator shall ensure that 

11 each management and operating contractor of a covered 

12 facility cooperates in a timely manner. 

13 ‘‘(e) DEFINITIONS.—In this section: 

14 ‘‘(1) The term ‘appropriate congressional com15 mittees’ means— 

16 ‘‘(A) the congressional defense committees; 

17 and 

18 ‘‘(B) the Committee on Energy and Com19 merce of the House of Representatives and the 

20 Committee on Energy and Natural Resources of 

21 the Senate. 

22 ‘‘(2) The term ‘covered facility’ means— 

23 ‘‘(A) a facility of the nuclear security en24 terprise; and 


smartinez on DSK6TPTVN1PROD with BILLS
1119 

HR 4310 RFS

1 ‘‘(B) a facility conducting activities for the 

2 defense environmental cleanup program of the 

3 Office of Environmental Management of the 

4 Department of Energy. 

5 ‘‘(3) The term ‘covered program’ means— 

6 ‘‘(A) programs of the Administration; and 

7 ‘‘(B) defense environmental cleanup pro8 grams of the Office of Environmental Manage9 ment of the Department of Energy.’’. 

10 (2) CLERICAL AMENDMENT.—The table of con11 tents at the beginning of the Atomic Energy Defense 

12 Act is amended by inserting after the item relating 

13 to section 4645 the following new item: 

‘‘Sec. 4646. Notification of nuclear criticality and non-nuclear incidents.’’. 

14 (b) REPORT.— 

15 (1) IN GENERAL.—Not later than 90 days after 

16 the date of the enactment of this Act, the Secretary 

17 of Energy and the Administrator for Nuclear Secu18 rity shall each submit to the appropriate congres19 sional committees a report detailing any incidents 

20 described in paragraph (2) that occurred during the 

21 10-year period before the date of the report. 

22 (2) INCIDENTS DESCRIBED.—An incident de23 scribed in this paragraph is any of the following inci24 dents that occurred as a result of programs of the 

25 National Nuclear Security Administration or defense 


smartinez on DSK6TPTVN1PROD with BILLS
1120 

HR 4310 RFS

1 environmental cleanup programs of the Office of En2 vironmental Management of the Department of En3 ergy: 

4 (A) A nuclear criticality incident that re5 sulted in an injury or fatality or resulted in the 

6 shut-down, or partial shut-down, of a facility of 

7 the nuclear security enterprise or a facility con8 ducting activities for such defense environ9 mental cleanup programs. 

10 (B) A non-nuclear incident that results in 

11 serious bodily injury or fatality at such a facil12 ity. 

13 (3) APPROPRIATE CONGRESSIONAL COMMIT14 TEES.—In this subsection, the term ‘‘appropriate 

15 congressional committees’’ means— 

16 (A) the congressional defense committees; 

17 and 

18 (B) the Committee on Energy and Com19 merce of the House of Representatives and the 

20 Committee on Energy and Natural Resources of 

21 the Senate. 

22 SEC. 3142. REPORTS ON LIFETIME EXTENSION PROGRAMS. 

23 (a) PROTOTYPES.—The Atomic Energy Defense Act 

24 (50 U.S.C. 2501 et seq.) is amended by inserting after 

25 section 4214 the following new section: 


smartinez on DSK6TPTVN1PROD with BILLS
1121 

HR 4310 RFS

1 ‘‘SEC. 4215. REPORTS ON LIFETIME EXTENSION PROGRAMS. 

2 ‘‘(a) REPORTS REQUIRED.—Before proceeding be3 yond phase 6.2 activities with respect to any lifetime ex4 tension program, the director of the national security lab5 oratory responsible for such program shall submit to the 

6 congressional defense committees a report on the lifetime 

7 extension option selected for such program, including— 

8 ‘‘(1) whether such option selected is refurbish9 ment, reuse, or replacement; and 

10 ‘‘(2) why such option was selected, including an 

11 assessment of the advantages and disadvantages of 

12 the two options not selected. 

13 ‘‘(b) PHASE 6.2 ACTIVITIES DEFINED.—In this sec14 tion, the term ‘phase 6.2 activities’ means, with respect 

15 to a lifetime extension program, the phase 6.2 feasibility 

16 study and option down-select.’’. 

17 (b) CLERICAL AMENDMENT.—The table of contents 

18 at the beginning of the Atomic Energy Defense Act is 

19 amended by inserting after the item relating to section 

20 4214 the following new item: 

‘‘Sec. 4215. Reports on lifetime extension programs.’’. 

21 SEC. 3143. NATIONAL ACADEMY OF SCIENCES STUDY ON 

22 PEER REVIEW AND DESIGN COMPETITION 

23 RELATED TO NUCLEAR WEAPONS. 

24 (a) STUDY.—Not later than 60 days after the date 

25 of the enactment of this Act, the Administrator for NuVerDate Mar 15 2010 01:00 Jun 20, 2012 Jkt 019200 PO 00000 Frm 01121 Fmt 6652 Sfmt 6201 E:\BILLS\H4310.RFS H4310

smartinez on DSK6TPTVN1PROD with BILLS
1122 

HR 4310 RFS

1 clear Security shall enter into an agreement with the Na2 tional Academy of Sciences to conduct a study of peer re3 view and design competition related to nuclear weapons. 

4 (b) ELEMENTS.—The study required by subsection 

5 (a) shall include an assessment of— 

6 (1) the quality and effectiveness of peer review 

7 of designs, development plans, engineering and sci8 entific activities, and priorities related to both nu9 clear and non-nuclear aspects of nuclear weapons; 

10 (2) incentives for effective peer review; 

11 (3) the potential effectiveness, efficiency, and 

12 cost of alternative methods of conducting peer review 

13 and design competition related to both nuclear and 

14 non-nuclear aspects of nuclear weapons, as com15 pared to current methods; 

16 (4) the known instances where current peer re17 view practices and design competition succeeded or 

18 failed to find problems or potential problems; and 

19 (5) such other matters related to peer review 

20 and design competition related to nuclear weapons 

21 as the Administrator considers appropriate. 

22 (c) COOPERATION AND ACCESS TO INFORMATION

23 AND PERSONNEL.—The Administrator shall ensure that 

24 the National Academy of Sciences receives full and timely 

25 cooperation, including full access to information and perVerDate Mar 15 2010 01:00 Jun 20, 2012 Jkt 019200 PO 00000 Frm 01122 Fmt 6652 Sfmt 6201 E:\BILLS\H4310.RFS H4310

smartinez on DSK6TPTVN1PROD with BILLS
1123 

HR 4310 RFS

1 sonnel, from the National Nuclear Security Administra2 tion and the management and operating contractors of the 

3 Administration for the purposes of conducting the study 

4 under subsection (a). 

5 (d) REPORT.— 

6 (1) IN GENERAL.—The National Academy of 

7 Sciences shall submit to the Administrator a report 

8 containing the results of the study conducted under 

9 subsection (a) and any recommendations resulting 

10 from the study. 

11 (2) SUBMITTAL TO CONGRESS.—Not later than 

12 December 15, 2014, the Administrator shall submit 

13 to the Committees on Armed Services of the House 

14 of Representatives and Senate the report submitted 

15 under paragraph (1) and any comments or rec16 ommendations of the Administrator with respect to 

17 the report. 

18 (3) FORM.—The report submitted under para19 graph (1) shall be in unclassified form, but may in20 clude a classified annex. 

21 SEC. 3144. REPORT ON DEFENSE NUCLEAR NON22 PROLIFERATION PROGRAMS. 

23 (a) REPORT REQUIRED.— 

24 (1) IN GENERAL.—Not later than March 1 of 

25 each year from 2013 through 2015, the AdminisVerDate Mar 15 2010 01:00 Jun 20, 2012 Jkt 019200 PO 00000 Frm 01123 Fmt 6652 Sfmt 6201 E:\BILLS\H4310.RFS H4310

smartinez on DSK6TPTVN1PROD with BILLS
1124 

HR 4310 RFS

1 trator for Nuclear Security shall submit to the ap2 propriate congressional committees a report on the 

3 budget, objectives, and metrics of the defense nu4 clear nonproliferation programs of the National Nu5 clear Security Administration. 

6 (2) ELEMENTS.—The report required by para7 graph (1) shall include the following: 

8 (A) An identification and explanation of 

9 uncommitted balances that are more than the 

10 acceptable carryover thresholds, as determined 

11 by the Secretary of Energy, on a program-by12 program basis. 

13 (B) An identification of foreign countries 

14 that are sharing the cost of implementing de15 fense nuclear nonproliferation programs, includ16 ing an explanation of such cost sharing. 

17 (C) A description of objectives and meas18 urements for each defense nuclear nonprolifera19 tion program. 

20 (D) A description of the proliferation of 

21 nuclear weapons threat and how each defense 

22 nuclear nonproliferation program activity 

23 counters the threat. 

24 (E) A description and assessment of non25 proliferation activities coordinated with the DeVerDate Mar 15 2010 01:00 Jun 20, 2012 Jkt 019200 PO 00000 Frm 01124 Fmt 6652 Sfmt 6201 E:\BILLS\H4310.RFS H4310

smartinez on DSK6TPTVN1PROD with BILLS
1125 

HR 4310 RFS

1 partment of Defense to maximize efficiency and 

2 avoid redundancies. 

3 (F) A description of how the defense nu4 clear nonproliferation programs are prioritized 

5 to meet the most urgent nonproliferation re6 quirements. 

7 (b) APPROPRIATE CONGRESSIONAL COMMITTEES

8 DEFINED.—In this section, the term ‘‘appropriate con9 gressional committees’’ means— 

10 (1) the Committee on Armed Services and the 

11 Committee on Foreign Affairs of the House of Rep12 resentatives; and 

13 (2) the Committee on Armed Services and the 

14 Committee on Foreign Relations of the Senate. 

15 (c) FORM.—The report required by subsection (a)(1) 

16 shall be submitted in unclassified form, but may include 

17 a classified annex. 

18 SEC. 3145. STUDY ON REUSE OF PLUTONIUM PITS. 

19 (a) STUDY.—Not later than 120 days after the date 

20 of the enactment of this Act, the Administrator for Nu21 clear Security shall submit to the congressional defense 

22 committees a study of plutonium pits, including— 

23 (1) the availability of plutonium pits— 

24 (A) as of the date of the report; and 


smartinez on DSK6TPTVN1PROD with BILLS
1126 

HR 4310 RFS

1 (B) after such date as a result of the dis2 mantlement of nuclear weapons; and 

3 (2) an assessment of the potential for reusing 

4 plutonium pits in future life extension programs. 

5 (b) MATTERS INCLUDED.—The study submitted 

6 under subsection (a) shall include the following: 

7 (1) The feasibility and practicability of potential 

8 full or partial reuse options with respect to pluto9 nium pits. 

10 (2) The benefits and risks of reusing plutonium 

11 pits. 

12 (3) The potential costs and cost savings of such 

13 reuse. 

14 (4) The effects of such reuse on the require15 ments for plutonium pit manufacturing. 

16 SEC. 3146. STUDY ON A MULTI-AGENCY GOVERNANCE 

17 MODEL FOR NATIONAL SECURITY LABORA18 TORIES. 

19 (a) INDEPENDENT ASSESSMENT.— 

20 (1) IN GENERAL.—The Administrator for Nu21 clear Security shall commission an independent as22 sessment regarding the transition of the national se23 curity laboratories to multi-agency federally funded 

24 research and development centers with direct 

25 sustainment and sponsorship by multiple national 


smartinez on DSK6TPTVN1PROD with BILLS
1127 

HR 4310 RFS

1 security agencies. The assessment shall be conducted 

2 by an independent, non-governmental institute which 

3 is described in section 501(c)(3) of the Internal Rev4 enue Code of 1986 and exempt from tax under sec5 tion 501(a) of such Code, and has recognized cre6 dentials and expertise in national security science 

7 and engineering laboratories and with ready access 

8 to policy experts throughout the United States. 

9 (2) BACKGROUND MATERIAL.—The assessment 

10 shall leverage previous studies, including— 

11 (A) the report published in 2009 by the 

12 Stimson Center titled ‘‘Leveraging Science for 

13 Security: A Strategy for the Nuclear Weapons 

14 Laboratories in the 21st Century’’; and 

15 (B) the Phase 1 report published in 2012 

16 by the National Academy of Sciences titled 

17 ‘‘Managing for High-Quality Science and Engi18 neering at the NNSA National Security labora19 tories’’. 

20 (3) ELEMENTS.—The assessment conducted 

21 pursuant to paragraph (1) shall include the fol22 lowing elements: 

23 (A) An assessment of a new governance 

24 structure that— 


smartinez on DSK6TPTVN1PROD with BILLS
1128 

HR 4310 RFS

1 (i) gives multiple national security 

2 agencies, including the Department of De3 fense, the Department of Homeland Secu4 rity, the Department of Energy, and the 

5 intelligence community, direct sponsorship 

6 of the national security laboratories as fed7 erally funded research and development 

8 centers so that such agencies have more di9 rect and rapid access to the assets avail10 able at the laboratories and the responsi11 bility to provide sustainable support for the 

12 science and technology needs of the agen13 cies at the laboratories; 

14 (ii) reduces costs to the Federal Gov15 ernment for the use of the resources of the 

16 laboratories, while enhancing the steward17 ship of these national resources and maxi18 mizing their service to the nation; 

19 (iii) enhances the overall quality of 

20 the scientific research and engineering ca21 pability of the laboratories, including their 

22 ability to recruit and retain top scientists 

23 and engineers; and 

24 (iv) maintains as paramount the capa25 bilities required to support the nuclear 


smartinez on DSK6TPTVN1PROD with BILLS
1129 

HR 4310 RFS

1 stockpile stewardship and related nuclear 

2 missions. 

3 (B) A recommendation as to which, if any, 

4 other laboratories associated with any national 

5 security agency should be included in the new 

6 governance structure. 

7 (C) Options for implementing the new gov8 ernance structure that minimize disruption of 

9 performance and costs to the government while 

10 rapidly achieving anticipated gains. 

11 (D) Legislative changes and executive ac12 tions that would need to be made in order to 

13 implement the new governance structure. 

14 (b) REPORT.— 

15 (1) IN GENERAL.—Not later than January 1, 

16 2014, the designated private entity shall submit to 

17 the Administrator and the congressional defense 

18 committees a report that contains the findings of the 

19 assessment. 

20 (2) FORM.—The report under paragraph (1) 

21 shall be submitted in unclassified form, but may in22 clude a classified annex. 

23 (c) DEFINITION.—In this section, the term ‘‘national 

24 security laboratory’’ has the meaning given that term in 


smartinez on DSK6TPTVN1PROD with BILLS
1130 

HR 4310 RFS

1 section 3281 of the National Nuclear Security Administra2 tion Act (50 U.S.C. 2471). 

3 Subtitle E—Other Matters 

4 SEC. 3151. USE OF PROBABILISTIC RISK ASSESSMENT TO 

5 ENSURE NUCLEAR SAFETY. 

6 (a) IN GENERAL.—The Atomic Energy Defense Act 

7 (50 U.S.C. 2501 et seq.) is amended by adding after sec8 tion 4644 the following new section: 

9 ‘‘SEC. 4645. USE OF PROBABILISTIC RISK ASSESSMENT TO 

10 ENSURE NUCLEAR SAFETY OF FACILITIES OF 

11 THE ADMINISTRATION AND THE OFFICE OF 

12 ENVIRONMENTAL MANAGEMENT. 

13 ‘‘(a) NUCLEAR SAFETY AT NNSA AND DOE FACILI14 TIES.—The Administrator and the Secretary of Energy 

15 shall ensure that the methods for assessing, certifying, 

16 and overseeing nuclear safety at the facilities specified in 

17 subsection (b) use national and international standards 

18 and nuclear industry best practices, including probabilistic 

19 or quantitative risk assessment if sufficient data exists. 

20 ‘‘(b) FACILITIES SPECIFIED.—Subsection (a) shall 

21 apply— 

22 ‘‘(1) to the Administrator with respect to the 

23 national security laboratories and the nuclear weap24 ons production facilities; and 


smartinez on DSK6TPTVN1PROD with BILLS
1131 

HR 4310 RFS

1 ‘‘(2) to the Secretary of Energy with respect to 

2 defense nuclear facilities of the Office of Environ3 mental Management of the Department of Energy.’’. 

4 (b) CLERICAL AMENDMENT.—The table of contents 

5 at the beginning of the Atomic Energy Defense Act is 

6 amended by inserting after the item relating to section 

7 4644 the following new item: 

‘‘Sec. 4645. Use of probabilistic risk assessment to ensure nuclear safety of facilities of the Administration and the Office of Environmental 

Management.’’. 

8 SEC. 3152. ADVICE TO PRESIDENT AND CONGRESS REGARD9 ING SAFETY, SECURITY, AND RELIABILITY OF 

10 UNITED STATES NUCLEAR WEAPONS STOCK11 PILE AND NUCLEAR FORCES. 

12 (a) IN GENERAL.—Section 1305 of the National De13 fense Authorization Act for Fiscal Year 1998 (42 U.S.C. 

14 7274p) is— 

15 (1) transferred to the Atomic Energy Defense 

16 Act (50 U.S.C. 2501 et seq.); 

17 (2) inserted after section 4215 of such Act, as 

18 added by section 3142(a); 

19 (3) redesignated as section 4216; and 

20 (4) amended— 

21 (A) by amending subsection (f) to read as 

22 follows: 

23 ‘‘(f) EXPRESSION OF INDIVIDUAL VIEWS.—No indi24 vidual, including representatives of the President, may 


smartinez on DSK6TPTVN1PROD with BILLS
1132 

HR 4310 RFS

1 take any action against, or otherwise constrain, a director 

2 of a national security laboratory or a nuclear weapons pro3 duction facility, a member of the Joint Nuclear Weapons 

4 Council, or the Commander of United States Strategic 

5 Command from presenting the professional views of the 

6 individual to the President, the National Security Council, 

7 or Congress regarding— 

8 ‘‘(1) the safety, security, reliability, or credi9 bility of the nuclear weapons stockpile and nuclear 

10 forces; or 

11 ‘‘(2) the status of, and plans for, the capabili12 ties and infrastructure that support and sustain the 

13 nuclear weapons stockpile and nuclear forces.’’; and 

14 (B) by redesignating subsection (g) as sub15 section (h); and 

16 (C) by inserting after subsection (f) the 

17 following new subsection (g): 

18 ‘‘(g) DELIVERY OF CLASSIFIED INFORMATION TO

19 CONGRESS.—(1) The directors of the national security 

20 laboratories, the directors of the nuclear weapons produc21 tion facilities, the members of the Joint Nuclear Weapons 

22 Council, and the Commander of the United States Stra23 tegic Command are each authorized to provide directly to 

24 Congress classified information with respect to matters de25 scribed by paragraph (1) or (2) of subsection (f). 


smartinez on DSK6TPTVN1PROD with BILLS
1133 

HR 4310 RFS

1 ‘‘(2) The Administrator and Secretary of Defense 

2 shall ensure that direct classified mail channels are estab3 lished between the national security laboratories, nuclear 

4 weapons production facilities, members of the Joint Nu5 clear Weapons Council, the United States Strategic Com6 mand, and the congressional defense committees to carry 

7 out this subsection.’’. 

8 (b) CONFORMING AMENDMENT.—Section 4215 of the 

9 Atomic Energy Defense Act, as added by subsection (a), 

10 is amended— 

11 (1) by striking ‘‘nuclear weapons laboratories’’ 

12 each place it appears and inserting ‘‘national secu13 rity laboratories’’; 

14 (2) by striking ‘‘nuclear weapons laboratory’’ 

15 each place it appears and inserting ‘‘national secu16 rity laboratory’’; 

17 (3) by striking ‘‘nuclear weapons production 

18 plants’’ each place it appears and inserting ‘‘nuclear 

19 weapons production facilities’’; 

20 (4) by striking ‘‘nuclear weapons production 

21 plant’’ each place it appears and inserting ‘‘nuclear 

22 weapons production facility’’; and 

23 (5) by amending subsection (h), as redesignated 

24 by subsection (a)(4)(B), to read as follows: 


smartinez on DSK6TPTVN1PROD with BILLS
1134 

HR 4310 RFS

1 ‘‘(h) REPRESENTATIVE OF THE PRESIDENT DE2 FINED.—In this section, the term ‘representative of the 

3 President’ means the following: 

4 ‘‘(1) Any official of the Department of Defense 

5 or the Department of Energy who is appointed by 

6 the President and confirmed by the Senate. 

7 ‘‘(2) Any member or official of the National Se8 curity Council. 

9 ‘‘(3) Any member or official of the Joint Chiefs 

10 of Staff. 

11 ‘‘(4) Any official of the Office of Management 

12 and Budget.’’. 

13 (c) CLERICAL AMENDMENT.—The table of contents 

14 at the beginning of the Atomic Energy Defense Act is 

15 amended by inserting after the item relating to section 

16 4215 the following new item: 

‘‘Sec. 4216. Advice to President and Congress regarding safety, security, and 

reliability of United States nuclear weapons stockpile.’’. 

17 SEC. 3153. CLASSIFICATION OF CERTAIN RESTRICTED 

18 DATA. 

19 Section 142 of the Atomic Energy Act of 1954 (42 

20 U.S.C. 2162) is amended— 

21 (1) in subsection d.— 

22 (A) by inserting ‘‘(1)’’ before ‘‘The Com23 mission’’; and 

24 (B) by adding at the end the following: 


smartinez on DSK6TPTVN1PROD with BILLS
1135 

HR 4310 RFS

1 ‘‘(2) The Commission may restore to the Restricted 

2 Data category information related to the design of nuclear 

3 weapons (in this subsection referred to as ‘design informa4 tion’) removed under paragraph (1) if the Commission and 

5 the Department of Defense jointly determines that— 

6 ‘‘(A) the programmatic requirements that 

7 caused the design information to be removed from 

8 the Restricted Data category are no longer applica9 ble or have diminished; 

10 ‘‘(B) the design information would be more ap11 propriately protected as Restricted Data; and 

12 ‘‘(C) restoring the design information to the 

13 Restricted Data category is in the interest of na14 tional security. 

15 ‘‘(3) In carrying out paragraph (2), design informa16 tion shall be restored to the Restricted Data category in 

17 accordance with regulations implemented pursuant to this 

18 section.’’; and 

19 (2) in subsection e.— 

20 (A) by inserting ‘‘(1)’’ before ‘‘The Com21 mission’’; 

22 (B) by striking ‘‘Central’’ and inserting 

23 ‘‘National’’; and 

24 (C) by adding at the end the following: 


smartinez on DSK6TPTVN1PROD with BILLS
1136 

HR 4310 RFS

1 ‘‘(2) The Commission may restore to the Restricted 

2 Data category information related to foreign nuclear pro3 grams (in this subsection referred to as ‘foreign nuclear 

4 information’) removed under paragraph (1) if the Com5 mission and the Director of National Intelligence jointly 

6 determine that— 

7 ‘‘(A) the programmatic requirements that 

8 caused the foreign nuclear information to be re9 moved from the Restricted Data category are no 

10 longer applicable or have diminished; 

11 ‘‘(B) the foreign nuclear information would be 

12 more appropriately protected as Restricted Data; 

13 and 

14 ‘‘(C) restoring the foreign nuclear information 

15 to the Restricted Data category is in the interest of 

16 national security. 

17 ‘‘(3) In carrying out paragraph (2), foreign nuclear 

18 information shall be restored to the Restricted Data cat19 egory in accordance with regulations implemented pursu20 ant to this section.’’. 

21 SEC. 3154. INDEPENDENT COST ASSESSMENTS FOR LIFE 

22 EXTENSION PROGRAMS, NEW NUCLEAR FA23 CILITIES, AND OTHER MATTERS. 

24 (a) COST ASSESSMENT.—To inform the decisions 

25 made by the Nuclear Weapons Council established by secVerDate Mar 15 2010 01:00 Jun 20, 2012 Jkt 019200 PO 00000 Frm 01136 Fmt 6652 Sfmt 6201 E:\BILLS\H4310.RFS H4310

smartinez on DSK6TPTVN1PROD with BILLS
1137 

HR 4310 RFS

1 tion 179 of title 10, United States Code, the Secretary 

2 of Defense, acting through the Director of Cost Assess3 ment and Program Evaluation and in coordination with 

4 the Administrator for Nuclear Security, shall assess the 

5 cost of options and alternatives for— 

6 (1) new nuclear weapon life extension pro7 grams; and 

8 (2) new nuclear facilities within the nuclear se9 curity enterprise that are estimated to cost more 

10 than $500,000,000. 

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

12 on which each assessment conducted under subsection (a) 

13 is completed, the Administrator for Nuclear Security and 

14 the Secretary of Defense shall jointly submit to the con15 gressional defense committees a report containing the re16 sults of such assessment. 

17 (c) FORM.—The report required under subsection (b) 

18 shall be submitted in unclassified form, but may include 

19 a classified annex. 

20 (d) AUTHORITY FOR FURTHER ASSESSMENTS.— 

21 Upon the request of the Administrator for Nuclear Secu22 rity, the Secretary of Defense, acting through the Director 

23 of Cost Assessment and Program Evaluation and in con24 sultation with the Administrator, may conduct a cost as25 sessment of any initiative of the National Nuclear Security 


smartinez on DSK6TPTVN1PROD with BILLS
1138 

HR 4310 RFS

1 Administration that is estimated to cost more than 

2 $500,000,000. 

3 SEC. 3155. ASSESSMENT OF NUCLEAR WEAPON PIT PRO4 DUCTION REQUIREMENT. 

5 (a) ASSESSMENT.—The Secretary of Defense and the 

6 Secretary of Energy, in coordination with the Commander 

7 of the United States Strategic Command, shall jointly as8 sess the annual plutonium pit production requirement 

9 needed to sustain a safe, secure, and reliable nuclear 

10 weapon arsenal. 

11 (b) REPORTS.— 

12 (1) IN GENERAL.—Not later than 180 days 

13 after the date of the enactment of this Act, the Sec14 retary of Defense and the Secretary of Energy shall 

15 jointly submit to the congressional defense commit16 tees a report regarding the assessment conducted 

17 under section (a), including— 

18 (A) an explanation of the rationale and as19 sumptions that led to the current 50 to 80 plu20 tonium pit production requirement, including 

21 the factors considered in determining such re22 quirement; 

23 (B) an analysis of whether there are any 

24 changes to the current 50 to 80 plutonium pit 


smartinez on DSK6TPTVN1PROD with BILLS
1139 

HR 4310 RFS

1 production requirement, including the reasons 

2 for any such changes; 

3 (C) the implications for national security, 

4 for maintaining the nuclear weapons stockpile 

5 (including the impact on options available for 

6 life extension programs), and for costs of hav7 ing pit production capacity at— 

8 (i) 10 to 20 pits per year; 

9 (ii) 20 to 30 pits per year; 

10 (iii) 30 to 50 pits per year; and 

11 (iv) 50 to 80 pits per year; and 

12 (D) the implications of various pit produc13 tion capacities on the requirements for the nu14 clear weapon hedge or reserve forces of the 

15 United States. 

16 (2) UPDATE.—If the report under paragraph 

17 (1) does not incorporate the results of the Nuclear 

18 Posture Review Implementation Study, the Sec19 retary of Defense and the Secretary of Energy, in 

20 coordination with the Commander of the United 

21 States Strategic Command, shall jointly submit to 

22 the congressional defense committees an update to 

23 the report under paragraph (1) that incorporates the 

24 results of such study by not later than 90 days after 


smartinez on DSK6TPTVN1PROD with BILLS
1140 

HR 4310 RFS

1 the date on which such committees receive such 

2 study. 

3 (c) FORM.—The reports under paragraphs (1) and 

4 (2) of subsection (b) shall be submitted in unclassified 

5 form, but may include a classified annex. 

6 SEC. 3156. INTELLECTUAL PROPERTY RELATED TO URA7 NIUM ENRICHMENT. 

8 (a) IN GENERAL.—Subject to subsection (b), of the 

9 funds authorized to be appropriated by this Act or other10 wise made available for fiscal year 2013 for defense nu11 clear nonproliferation, the Secretary of Energy may make 

12 available not more than $150,000,000 for the development 

13 and demonstration of domestic national-security-related 

14 enrichment technologies as provided in subsection (c). 

15 (b) CERTIFICATION.—Not later than 30 days before 

16 the date on which the Secretary makes an amount avail17 able under subsection (a), the Secretary shall submit to 

18 the congressional defense committees— 

19 (1) written certification that such amount is 

20 needed for national security purposes; and 

21 (2) a description of such purposes. 

22 (c) ADMINISTRATION.—An amount made available by 

23 the Secretary under subsection (a) shall be used to pro24 vide, directly or indirectly, Federal funds, resources, or 

25 other assistance for the research, development, or deployVerDate Mar 15 2010 01:00 Jun 20, 2012 Jkt 019200 PO 00000 Frm 01140 Fmt 6652 Sfmt 6201 E:\BILLS\H4310.RFS H4310

smartinez on DSK6TPTVN1PROD with BILLS
1141 

HR 4310 RFS

1 ment of domestic national-security-related enrichment 

2 technology, subject to the following requirements: 

3 (1) The Secretary shall provide such assistance 

4 using merit selection procedures. 

5 (2) The Secretary may provide such assistance 

6 only if the Secretary executes an agreement with the 

7 recipient (or any affiliate, successor, or assignee) of 

8 such funds, resources, or other assistance (in this 

9 section referred to as the ‘‘recipient’’) that re10 quires— 

11 (A) the achievement of specific technical 

12 criteria by the recipient by specific dates not 

13 later than June 30, 2014; 

14 (B) that the recipient— 

15 (i) immediately upon execution of the 

16 agreement, grant to the United States for 

17 use by or on behalf of the United States, 

18 through the Secretary, a royalty-free, non19 exclusive license in all enrichment-related 

20 intellectual property and associated tech21 nical data owned, licensed, or otherwise 

22 controlled by the recipient as of the date of 

23 the enactment of this Act, or thereafter de24 veloped or acquired to meet the require25 ments of the agreement; 


smartinez on DSK6TPTVN1PROD with BILLS
1142 

HR 4310 RFS

1 (ii) amend any existing agreement be2 tween the Secretary and the recipient to 

3 permit the Secretary to use or permit third 

4 parties on behalf of the Secretary to use 

5 intellectual property and associated tech6 nical data related to the award of funds, 

7 resources, or other assistance royalty-free 

8 for Government purposes, including com9 pleting or operating enrichment tech10 nologies and using them for national de11 fense purposes, including providing nuclear 

12 material to operate commercial nuclear 

13 power reactors for tritium production; and 

14 (iii) as soon as practicable, deliver to 

15 the Secretary all technical information and 

16 other documentation in its possession or 

17 control necessary to permit the Secretary 

18 to use all intellectual property related to 

19 domestic enrichment technologies described 

20 in this subparagraph; and 

21 (C) any other condition or restriction the 

22 Secretary determines necessary to protect the 

23 interests of the United States. 

24 (d) CONTROL OF PROPERTY.—If the Secretary deter25 mines that a recipient has not achieved the technical criVerDate Mar 15 2010 01:00 Jun 20, 2012 Jkt 019200 PO 00000 Frm 01142 Fmt 6652 Sfmt 6201 E:\BILLS\H4310.RFS H4310

smartinez on DSK6TPTVN1PROD with BILLS
1143 

HR 4310 RFS

1 teria required under an agreement under subsection (c)(2) 

2 by the date specified pursuant to subparagraph (A) of 

3 such subsection, the recipient shall, as soon as practicable, 

4 surrender custody, possession, and control, or return, as 

5 appropriate, any real or personal property owned or leased 

6 by the recipient, to the Secretary in connection with the 

7 deployment of enrichment technology, along with all cap8 ital improvements, equipment, fixtures, appurtenances, 

9 and other improvements thereto, and any further obliga10 tion by the Secretary under any such lease shall terminate. 

11 (e) APPLICATION OF REQUIREMENTS.—The limita12 tions and requirements in this section shall apply to funds 

13 authorized to be appropriated by this Act or otherwise 

14 made available for fiscal year 2013 or any fiscal year 

15 thereafter for the development and demonstration of do16 mestic national security-related enrichment technology. 

17 (f) EXCEPTION.—Subsections (c) and (d) shall not 

18 apply with respect to the issuance of any loan guarantee 

19 pursuant to section 1703 of the Energy Policy Act of 2005 

20 (42 U.S.C. 16513). 

21 SEC. 3157. SENSE OF CONGRESS ON COMPETITION AND 

22 FEES RELATED TO THE MANAGEMENT AND 

23 OPERATING CONTRACTS OF THE NUCLEAR 

24 SECURITY ENTERPRISE. 

25 It is the sense of Congress that— 


smartinez on DSK6TPTVN1PROD with BILLS
1144 

HR 4310 RFS

1 (1) in the past decade, competition of the man2 agement and operating contracts for the national se3 curity laboratories has resulted in significant in4 creases in fees paid to the contractors—funding that 

5 otherwise could be used to support program and 

6 mission activities of the National Nuclear Security 

7 Administration; 

8 (2) competition of the management and oper9 ating contracts of the nuclear security enterprise is 

10 an important mechanism to help realize cost savings, 

11 seek efficiencies, improve performance, and hold con12 tractors accountable; 

13 (3) when the Administrator for Nuclear Secu14 rity considers it appropriate to achieve these goals, 

15 the Administrator should conduct competition of 

16 these contracts while recognizing the unique nature 

17 of federally funded research and development cen18 ters; and 

19 (4) the Administrator should ensure that fixed 

20 fees and performance-based fees contained in man21 agement and operating contracts are as low as pos22 sible to maintain a focus on national service while 

23 attracting high-quality contractors and achieving the 

24 goals of the competition. 


smartinez on DSK6TPTVN1PROD with BILLS
1145 

HR 4310 RFS

1 SEC. 3158. PILOT PROGRAM ON TECHNOLOGY COMMER2 CIALIZATION. 

3 (a) PILOT PROGRAM.—The Secretary of Energy, in 

4 consultation with the Technology Transfer Coordinator 

5 appointed under section 1001(a) of the Energy Policy Act 

6 of 2005 (42 U.S.C. 16391(a)), may carry out a competi7 tively awarded pilot program involving one non-profit enti8 ty and a national laboratory within the National Nuclear 

9 Security Administration for the purpose of accelerating 

10 technology transfer from national laboratories to the mar11 ketplace. 

12 (b) SELECTION OF ENTITY AND NATIONAL LABORA13 TORY.—In carrying out a pilot program under subsection 

14 (a), the Secretary of Energy and the Technology Transfer 

15 Coordinator shall jointly select a non-profit entity and a 

16 national laboratory for the purpose of carrying out the 

17 pilot program under this section. In making such selec18 tions, the Secretary and Coordinator shall consider each 

19 of the following: 

20 (1) A commitment to participate made by a na21 tional laboratory within the National Nuclear Secu22 rity Administration being considered for selection. 

23 (2) The availability of technologies, licenses, in24 tellectual property, and other matters at a national 

25 laboratory being considered for selection. 


smartinez on DSK6TPTVN1PROD with BILLS
1146 

HR 4310 RFS

1 (c) PROGRAM ELEMENTS.—The pilot program shall 

2 be carried out as follows: 

3 (1) Under the pilot program, the Secretary and 

4 the Coordinator shall evaluate and validate the per5 formance of technology transfer activities at the se6 lected laboratory. 

7 (2) The pilot program shall involve collabora8 tion with other offices and agencies within the De9 partment of Energy and the National Nuclear Secu10 rity Administration. 

11 (3) Under the pilot program, the non-profit en12 tity selected to carry out the pilot program shall 

13 work to create business startups and increase the 

14 number of cooperative research and development 

15 agreements and sponsored research projects at the 

16 selected laboratory. The non-profit entity shall work 

17 with interested businesses in identifying appropriate 

18 technologies at the national laboratory and facili19 tating the commercialization process. 

20 (4) The Secretary of Energy and the Coordi21 nator shall use the results of the pilot program as 

22 the basis for informing key performance parameters 

23 and strategies that could be implemented in various 

24 national laboratories across the country. 


smartinez on DSK6TPTVN1PROD with BILLS
1147 

HR 4310 RFS

1 (d) DURATION.—A pilot program carried out under 

2 subsection (a) shall be not more than two years in dura3 tion. 

4 (e) REPORTS.— 

5 (1) INITIAL REPORTS.—Not later than one year 

6 after the date on which a pilot program under sub7 section (a) begins, the Secretary of Energy shall 

8 submit to the Committees on Armed Services of the 

9 Senate and House of Representatives, the Com10 mittee on Science and Technology in the House of 

11 Representatives, and the Committee on Commerce, 

12 Science and Transportation in the Senate, a report 

13 that provides an update on the implementation of 

14 the pilot program under this section, including an 

15 identification of the selected non-profit entity and 

16 national laboratory. 

17 (2) FINAL REPORT.—Not later than 90 days 

18 after the completion of the pilot program, the Sec19 retary shall submit to the Committees on Armed 

20 Services of the Senate and House of Representa21 tives, the Committee on Science and Technology in 

22 the House of Representatives, and the Committee on 

23 Commerce, Science and Transportation of the Sen24 ate a report on the pilot program, including any 

25 findings and recommendations of the Secretary. The 


smartinez on DSK6TPTVN1PROD with BILLS
1148 

HR 4310 RFS

1 non-profit entity shall submit a report detailing its 

2 experiences working with the laboratory and submit 

3 recommendations for improvement of technology 

4 commercialization. 

5 (f) DEFINITIONS.—In this section, the term ‘‘na6 tional laboratory’’ means— 

7 (1) a national laboratory (as defined in section 

8 2 of the Energy Policy Act of 2005 (42 U.S.C. 

9 15801)); or 

10 (2) a national security laboratory (as defined in 

11 section 3281 of the National Nuclear Security Ad12 ministration Act (50 U.S.C. 2471)). 

13 TITLE XXXII—DEFENSE NU14 CLEAR FACILITIES SAFETY 

15 BOARD 

16 SEC. 3201. AUTHORIZATION. 

17 There is authorized to be appropriated for fiscal year 

18 2013 $31,415,000 for the operation of the Defense Nu19 clear Facilities Safety Board under chapter 21 of the 

20 Atomic Energy Act of 1954 (42 U.S.C. 2286 et seq.). 

21 SEC. 3202. IMPROVEMENTS TO THE DEFENSE NUCLEAR FA22 CILITIES SAFETY BOARD. 

23 (a) ESTABLISHMENT.—Section 311 of the Atomic 

24 Energy Act of 1954 (42 U.S.C. 2286) is amended— 

25 (1) in subsection (b)— 


smartinez on DSK6TPTVN1PROD with BILLS
1149 

HR 4310 RFS

1 (A) in paragraph (3), by striking ‘‘Energy 

2 or any contractor of the Department of En3 ergy’’ and inserting ‘‘Energy, the National Nu4 clear Security Administration, or any contractor 

5 of the Department or Administration’’; and 

6 (B) by striking paragraph (4); 

7 (2) in subsection (c)— 

8 (A) in the heading, by striking ‘‘AND VICE

9 CHAIRMAN’’ and inserting ‘‘, VICE CHAIRMAN, 

10 AND MEMBERS’’; 

11 (B) in paragraph (2), by striking ‘‘The 

12 Chairman’’ and inserting ‘‘In accordance with 

13 paragraphs (5) and (6), the Chairman’’; and 

14 (C) by adding at the end the following new 

15 paragraphs: 

16 ‘‘(5) Each member of the Board, including the Chair17 man and Vice Chairman, shall— 

18 ‘‘(A) have equal responsibility and authority in 

19 establishing decisions and determining actions of the 

20 Board regarding recommendations, budgets, senior 

21 staff, hearings and witnesses, investigations, sub22 poenas, and setting policies and regulations gov23 erning operations of the Board; 


smartinez on DSK6TPTVN1PROD with BILLS
1150 

HR 4310 RFS

1 ‘‘(B) have full, simultaneous access to all infor2 mation relating to the performance of the Board’s 

3 functions, powers, and mission; and 

4 ‘‘(C) have one vote. 

5 ‘‘(6) Any member of the Board may propose an indi6 vidual to be appointed to a senior staff position of the 

7 Board and require a determination by the Board under 

8 paragraph (5)(A) on whether such individual shall be ap9 pointed.’’; 

10 (3) in subsection (d)— 

11 (A) in paragraph (1), by striking ‘‘Except 

12 as provided under paragraph (2), the’’ and in13 serting ‘‘The’’; 

14 (B) by striking paragraph (2); and 

15 (C) by redesignating paragraph (3) as 

16 paragraph (2); and 

17 (4) by amending subsection (e) to read as fol18 lows: 

19 ‘‘(e) QUORUM.—(1) Three members of the Board 

20 shall constitute a quorum. 

21 ‘‘(2) A quorum shall be required to take the actions 

22 of the Board described in subsection (c)(5)(A).’’. 

23 (b) MISSION AND FUNCTIONS.— 


smartinez on DSK6TPTVN1PROD with BILLS
1151 

HR 4310 RFS

1 (1) IN GENERAL.—Section 312 of the Atomic 

2 Energy Act of 1954 (42 U.S.C. 2286a) is amend3 ed— 

4 (A) in the heading, by inserting ‘‘MISSION

5 AND’’ before ‘‘FUNCTIONS’’; 

6 (B) by redesignating subsections (a) and 

7 (b) as subsections (b) and (c), respectively; 

8 (C) by inserting before subsection (b), as 

9 so redesignated, the following new subsection 

10 (a): 

11 ‘‘(a) MISSION.—The mission of the Board shall be 

12 to provide independent analysis, advice, and recommenda13 tions to the Secretary of Energy to ensure the adequate 

14 protection of public health and safety at defense nuclear 

15 facilities of the Department of Energy. Such analysis, ad16 vice, and recommendations shall be based upon risk when17 ever sufficient data exists.’’; 

18 (D) in subsection (b), as so redesignated— 

19 (i) in the heading, by striking ‘‘IN

20 GENERAL’’ and inserting ‘‘FUNCTIONS’’; 

21 and 

22 (ii) in paragraph (5)— 

23 (I) by inserting ‘‘, and specifi24 cally assess risk (whenever sufficient 


smartinez on DSK6TPTVN1PROD with BILLS
1152 

HR 4310 RFS

1 data exists),’’ after ‘‘shall consider’’; 

2 and 

3 (II) by inserting ‘‘, the costs and 

4 benefits, and the practicability’’ after 

5 ‘‘economic feasibility’’. 

6 (2) CLERICAL AMENDMENT.—The table of con7 tents for the Atomic Energy Act of 1954 is amended 

8 by striking the item relating to section 312 and in9 serting the following new item: 

‘‘Sec. 312. Mission and functions of the board.’’. 

10 (c) POWERS.—Section 313 of the Atomic Energy Act 

11 of 1954 (42 U.S.C. 2286b) is amended— 

12 (1) in subsection (a)— 

13 (A) in paragraph (1), by striking ‘‘or a 

14 member authorized by the Board’’; and 

15 (B) in paragraph (2)(A), by striking the 

16 first sentence and inserting the following: ‘‘Sub17 poenas may be issued only with the approval of 

18 a majority of the members of the Board and 

19 shall be served by any person designated by the 

20 Chairman, any member, or any person as other21 wise provided by law.’’; and 

22 (2) in subsection (b), by adding at the end the 

23 following new paragraph: 

24 ‘‘(3) Of the funds appropriated to the Board to carry 

25 out this chapter, each member of the Board, other than 


smartinez on DSK6TPTVN1PROD with BILLS
1153 

HR 4310 RFS

1 the Chairman, may employ at least one technical advisor 

2 to serve in the immediate office of the member to provide 

3 assistance to the member in carrying out the responsibil4 ities of the member under this chapter. If employed in the 

5 immediate office of a member, such advisor shall report 

6 to such member and, notwithstanding section 

7 311(c)(2)(A), may not be subject to the appointment, di8 rection, or supervision of the Chairman.’’; and 

9 (3) in subsection (j)(2), by striking ‘‘section 

10 312(1)’’ and inserting ‘‘section 312(b)(1)’’. 

11 (d) BOARD RECOMMENDATIONS.—Section 315 of the 

12 Atomic Energy Act of 1954 (42 U.S.C. 2286d) is amended 

13 to read as follows: 

14 ‘‘SEC. 315. BOARD RECOMMENDATIONS. 

15 ‘‘(a) DRAFTS AND SUBMISSION OF RECOMMENDA16 TIONS.—(1) Subject to subsections (f) and (g), the Board 

17 shall submit to the Secretary of Energy a draft of any 

18 recommendations under section 312 and any related find19 ings, supporting data, and analyses before the date on 

20 which such recommendations are finalized. 

21 ‘‘(2) The Secretary may provide to the Board com22 ments on the recommendations not later than 45 days 

23 after the date on which the Secretary receives the draft 

24 submission of the Board under paragraph (1). The Board 

25 may grant, upon request by the Secretary, not more than 


smartinez on DSK6TPTVN1PROD with BILLS
1154 

HR 4310 RFS

1 an additional 30 days for the Secretary to submit com2 ments to the Board. 

3 ‘‘(3) After the period of time in which the Secretary 

4 may provide recommendations under paragraph (2) 

5 elapses, the Board may publish in the Federal Register 

6 either the original or a revised version of the recommenda7 tions based on the comments of the Secretary, together 

8 with a request for the submission to the Board of public 

9 comments on such recommendations. Interested persons 

10 shall have 30 days after the date of publication in which 

11 to submit comments, data, views, or arguments to the 

12 Board concerning the recommendations. The Board shall 

13 furnish the Secretary with copies of all comments, data, 

14 views, and arguments submitted to it under this para15 graph. 

16 ‘‘(b) DISPOSITION OF RECOMMENDATIONS.—(1) Not 

17 later than 60 days after publication of the recommenda18 tions under subsection (a)(3), the Secretary of Energy 

19 shall publish in the Federal Register and transmit to the 

20 Board, in writing, a statement of the final decision of the 

21 Secretary with respect to whether the Secretary accepts 

22 or rejects, in whole or in part, such recommendations, in23 cluding a description of any actions to be taken in re24 sponse to the recommendations, any expected schedule, 

25 cost, technical, or program impacts of such recommendaVerDate Mar 15 2010 01:00 Jun 20, 2012 Jkt 019200 PO 00000 Frm 01154 Fmt 6652 Sfmt 6201 E:\BILLS\H4310.RFS H4310

smartinez on DSK6TPTVN1PROD with BILLS
1155 

HR 4310 RFS

1 tions, and the views of the Secretary regarding such rec2 ommendations. The Board may grant, upon request by the 

3 Secretary, not more than an additional 30 days for the 

4 Secretary to transmit such statement to the Board. 

5 ‘‘(2) The Board may hold hearings for the purpose 

6 of obtaining public comments on its recommendations and 

7 the disposition of such recommendations by the Secretary 

8 of Energy. 

9 ‘‘(c) REJECTION OF RECOMMENDATIONS.—If the 

10 Secretary of Energy, in a statement under subsection 

11 (b)(1), rejects (in whole or part) any recommendation 

12 made by the Board under subsection (a), the Board may 

13 transmit to the Secretary and the Committees on Armed 

14 Services and Appropriations of the Senate and the House 

15 of Representatives a letter describing the views and per16 spectives of the Board regarding the Secretary’s disposi17 tion of the Board’s recommendations. 

18 ‘‘(d) IMPLEMENTATION PLAN.—The Secretary of En19 ergy shall prepare a plan for the implementation of each 

20 Board recommendation, or part of a recommendation, that 

21 is accepted by the Secretary in the statement under sub22 section (b)(1). Not later than 120 days after the date on 

23 which such statement is published, the Secretary shall 

24 transmit to the Board such implementation plan. The Sec25 retary may implement any such recommendation (or part 


smartinez on DSK6TPTVN1PROD with BILLS
1156 

HR 4310 RFS

1 of any such recommendation) before, on, or after the date 

2 on which the Secretary transmits the implementation plan 

3 to the Board under this subsection. 

4 ‘‘(e) IMPLEMENTATION.—(1) Subject to paragraph 

5 (2), not later than one year after the date on which the 

6 Secretary of Energy transmits an implementation plan 

7 with respect to a recommendation (or part thereof) under 

8 subsection (d), the Secretary shall carry out and complete 

9 the implementation plan. If complete implementation of 

10 the plan takes more than one year, the Secretary of En11 ergy shall submit a report to the Committees on Armed 

12 Services and on Appropriations of the Senate and the 

13 House of Representatives setting forth the reasons for the 

14 delay and when implementation will be completed. 

15 ‘‘(2) If the Secretary of Energy determines that the 

16 implementation of a Board recommendation (or part 

17 thereof) is impracticable because of budgetary consider18 ations, or that the implementation would affect the Sec19 retary’s ability to meet the annual nuclear weapons stock20 pile requirements established pursuant to section 91 of 

21 this Act, the Secretary shall submit to the President and 

22 the Committees on Armed Services and Appropriations of 

23 the Senate and the House of Representatives a report con24 taining the recommendation and the Secretary’s deter25 mination. 


smartinez on DSK6TPTVN1PROD with BILLS
1157 

HR 4310 RFS

1 ‘‘(f) IMMINENT OR SEVERE THREAT.—(1) In any 

2 case in which the Board determines that a recommenda3 tion submitted to the Secretary of Energy under section 

4 312 relates to an imminent or severe threat to public 

5 health and safety, the Board and the Secretary of Energy 

6 shall proceed under this subsection in lieu of subsections 

7 (a) and (b). 

8 ‘‘(2) The Board shall transmit to the President, the 

9 Secretary of Defense, and the Secretary of Energy a rec10 ommendation relating to an imminent or severe threat to 

11 public health and safety. Not later than 15 days after the 

12 date on which such recommendation is received, the Sec13 retary of Energy shall submit the comments and views of 

14 the Secretary to the President. The President shall review 

15 such comments and views and shall make the decision con16 cerning the acceptance or rejection of the Board’s rec17 ommendation. 

18 ‘‘(3) After receipt by the President of the rec19 ommendation from the Board under this subsection, the 

20 Board shall promptly make such recommendation avail21 able to the public and shall submit such recommendation 

22 to the Committees on Armed Services and Appropriations 

23 of the Senate and the House of Representatives. The 

24 President shall promptly notify such committees of the deVerDate Mar 15 2010 01:00 Jun 20, 2012 Jkt 019200 PO 00000 Frm 01157 Fmt 6652 Sfmt 6201 E:\BILLS\H4310.RFS H4310

smartinez on DSK6TPTVN1PROD with BILLS
1158 

HR 4310 RFS

1 cision made by the President under paragraph (2) and the 

2 reasons for that decision. 

3 ‘‘(g) LIMITATION.—Notwithstanding any other provi4 sion of this section, the requirements to make information 

5 available to the public under this section— 

6 ‘‘(1) shall not apply in the case of information 

7 that is classified; and 

8 ‘‘(2) shall be subject to the orders and regula9 tions issued by the Secretary of Energy under sec10 tions 147 and 148 of this Act to prohibit dissemina11 tion of certain information.’’. 

12 (e) REPORTS.—Section 316 of the Atomic Energy 

13 Act of 1954 (42 U.S.C. 2286e) is amended by striking 

14 ‘‘to the Speaker of’’ each place it appears. 

15 (f) INFORMATION TO CONGRESS.—Section 320 of the 

16 Atomic Energy Act of 1954 (42 U.S.C. 2286h–1) is 

17 amended by striking ‘‘the Congress’’ and inserting ‘‘Com18 mittees on Armed Services and Appropriations of the Sen19 ate and the House of Representatives’’. 

20 (g) INSPECTOR GENERAL.—Chapter 21 of the Atom21 ic Energy Act of 1954 (42 U.S.C. 2286 et seq.) is amend22 ed by adding at the end the following new section: 


smartinez on DSK6TPTVN1PROD with BILLS
1159 

HR 4310 RFS

1 ‘‘SEC. 322. INSPECTOR GENERAL. 

2 ‘‘The Board shall enter into an agreement with an 

3 agency of the Federal Government to procure the services 

4 of the Inspector General of such agency for the Board.’’. 

5 (h) SAFETY STANDARDS.—Nothing in this section 

6 nor in the amendments made by this section shall be con7 strued to cause a reduction in nuclear safety standards. 

8 TITLE XXXIV—NAVAL 

9 PETROLEUM RESERVES 

10 SEC. 3401. AUTHORIZATION OF APPROPRIATIONS. 

11 (a) AMOUNT.—There are hereby authorized to be ap12 propriated to the Secretary of Energy $14,909,000 for fis13 cal year 2013 for the purpose of carrying out activities 

14 under chapter 641 of title 10, United States Code, relating 

15 to the naval petroleum reserves. 

16 (b) PERIOD OF AVAILABILITY.—Funds appropriated 

17 pursuant to the authorization of appropriations in sub18 section (a) shall remain available until expended. 

19 TITLE XXXV—MARITIME 

20 ADMINISTRATION 

21 SEC. 3501. AUTHORIZATION OF APPROPRIATIONS FOR NA22 TIONAL SECURITY ASPECTS OF THE MER23 CHANT MARINE FOR FISCAL YEAR 2013. 

24 Funds are hereby authorized to be appropriated for 

25 fiscal year 2013, to be available without fiscal year limita26 tion if so provided in appropriations Acts, for the use of 


smartinez on DSK6TPTVN1PROD with BILLS
1160 

HR 4310 RFS

1 the Department of Transportation for Maritime Adminis2 tration programs associated with maintaining national se3 curity aspects of the merchant marine, as follows: 

4 (1) For expenses necessary for operations of the 

5 United States Merchant Marine Academy, 

6 $77,253,000, of which— 

7 (A) $67,253,000 shall remain available 

8 until expended for Academy operations; and 

9 (B) $10,000,000 shall remain available 

10 until expended for capital asset management at 

11 the Academy. 

12 (2) For expenses necessary to support the State 

13 maritime academies, $16,045,000, of which— 

14 (A) $2,400,000 shall remain available until 

15 expended for student incentive payments; 

16 (B) $2,545,000 shall remain available until 

17 expended for direct payments to such acad18 emies; and 

19 (C) $11,100,000 shall remain available 

20 until expended for maintenance and repair of 

21 State maritime academy training vessels. 

22 (3) For expenses necessary to dispose of vessels 

23 in the National Defense Reserve Fleet, $12,717,000, 

24 to remain available until expended. 


smartinez on DSK6TPTVN1PROD with BILLS
1161 

HR 4310 RFS

1 (4) For expenses to maintain and preserve a 

2 United States-flag merchant marine to serve the na3 tional security needs of the United States under 

4 chapter 531 of title 46, United States Code, 

5 $186,000,000. 

6 (5) For the cost (as defined in section 502(5) 

7 of the Federal Credit Reform Act of 1990 (2 U.S.C. 

8 6661a(5)) of loan guarantees under the program au9 thorized by chapter 537 of title 46, United States 

10 Code, $3,750,000, all of which shall remain available 

11 until expended for administrative expenses of the 

12 program. 

13 SEC. 3502. APPLICATION OF THE FEDERAL ACQUISITION 

14 REGULATION. 

15 Section 3502(b) of the Floyd D. Spence National De16 fense Authorization Act for Fiscal Year 2001, as enacted 

17 into law by Public Law 106–398 (114 Stat. 1645A–490), 

18 is amended by striking ‘‘the enactment of this Act’’ and 

19 inserting ‘‘contract award’’. 

20 SEC. 3503. LIMITATION OF NATIONAL DEFENSE RESERVE 

21 FLEET VESSELS TO THOSE OVER 1,500 GROSS 

22 TONS. 

23 Section 57101(a) of title 46, United States Code, is 

24 amended by inserting ‘‘of 1,500 gross tons or more or such 


smartinez on DSK6TPTVN1PROD with BILLS
1162 

HR 4310 RFS

1 other vessels as the Secretary of Transportation shall de2 termine are appropriate’’ after ‘‘Administration’’. 

3 SEC. 3504. DONATION OF EXCESS FUEL TO MARITIME 

4 ACADEMIES. 

5 Section 51103(b)(1) of title 46, United States Code, 

6 is amended by striking so much as precedes paragraph 

7 (2) and inserting the following: 

8 ‘‘(b) PROPERTY FOR INSTRUCTIONAL PURPOSES.— 

9 ‘‘(1) IN GENERAL.—The Secretary of Transpor10 tation may cooperate with and assist the institutions 

11 named in paragraph (2) by making vessels, fuel, 

12 shipboard equipment, and other marine equipment, 

13 owned by the United States Government and deter14 mined by the entity having custody and control of 

15 such property to be excess or surplus, available to 

16 those institutions for instructional purposes, by gift, 

17 loan, sale, lease, or charter on terms and conditions 

18 the Secretary considers appropriate. The consent of 

19 the Secretary of Navy shall be obtained with respect 

20 to any property from National Defense Reserve 

21 Fleet vessels, 50 U.S.C. App. 1744, where such ves22 sels are either Ready Reserve Force vessels or other 

23 National Defense Reserve Fleet vessels determined 

24 to be of sufficient value to the Navy to warrant their 

25 further preservation and retention.’’. 


smartinez on DSK6TPTVN1PROD with BILLS
1163 

HR 4310 RFS

1 SEC. 3505. CLARIFICATION OF HEADING. 

2 (a) IN GENERAL.—The heading of section 57103 of 

3 title 46, United States Code, is amended to read as fol4 lows: 

5 ‘‘§ 57103. Donation of nonretention vessels in the na6 tional defense reserve fleet’’. 

7 (b) CONFORMING AMENDMENT.—The item relating 

8 to section 57103 in the analysis of chapter 571 of such 

9 title is amended to read as follows: 

‘‘57103. Donation of nonretention vessels in the national defense reserve fleet.’’. 

10 SEC. 3506. TRANSFER OF VESSELS TO THE NATIONAL DE11 FENSE RESERVE FLEET. 

12 Section 57101 of title 46, United States Code, is 

13 amended by adding at the end the following: 

14 ‘‘(c) AUTHORITY OF FEDERAL ENTITIES TO TRANS15 FER VESSELS.—All Federal entities are authorized to 

16 transfer vessels to the National Defense Reserve Fleet 

17 without reimbursement subject to the approval of the Sec18 retary of Transportation and the Secretary of the Navy 

19 with respect to Ready Reserve Force vessels and the Sec20 retary of Transportation with respect to all other vessels.’’. 

21 SEC. 3507. AMENDMENTS RELATING TO THE NATIONAL DE22 FENSE RESERVE FLEET. 

23 Subparagraphs (B), (C), and (D) of sections 11(c)(1) 

24 of the Merchant Ship Sales Act of 1946 (50 U.S.C. App. 

25 1744(c)(1)) are amended to read as follows: 


smartinez on DSK6TPTVN1PROD with BILLS
1164 

HR 4310 RFS

1 ‘‘(B) activate and conduct sea trials on 

2 each vessel at a frequency that is deemed nec3 essary; 

4 ‘‘(C) maintain and adequately crew, as 

5 necessary, in an enhanced readiness status 

6 those vessels that are scheduled to be activated 

7 in 5 or less days; 

8 ‘‘(D) locate those vessels that are sched9 uled to be activated near embarkation ports 

10 specified for those vessels; and’’. 

11 SEC. 3508. EXTENSION OF MARITIME SECURITY FLEET PRO12 GRAM. 

13 (a) Section 53101 of title 46, United States Code, 

14 is amended— 

15 (1) by amending paragraph (4) to read as fol16 lows: 

17 ‘‘(4) FOREIGN COMMERCE.—The term foreign 

18 commerce means— 

19 ‘‘(A) commerce or trade between the 

20 United States, its territories or possessions, or 

21 the District of Columbia, and a foreign country; 

22 and 

23 ‘‘(B) commerce or trade between foreign 

24 countries.’’; 

25 (2) by striking paragraph (5); 


smartinez on DSK6TPTVN1PROD with BILLS
1165 

HR 4310 RFS

1 (3) by redesignating paragraphs (6) through 

2 (13) as paragraphs (5) through (12), respectively; 

3 and 

4 (4) by amending paragraph (5), as so redesig5 nated, to read as follows: 

6 ‘‘(5) PARTICIPATING FLEET VESSEL.—The 

7 term participating fleet vessel means any vessel 

8 that— 

9 ‘‘(A) on October 1, 2015— 

10 ‘‘(i) meets the requirements of para11 graph (1), (2), (3), or (4) of section 

12 53102(c); and 

13 ‘‘(ii) is less than 20 years of age if the 

14 vessel is a tank vessel, or is less than 25 

15 years of age for all other vessel types; and 

16 ‘‘(B) on December 31, 2014, is covered by 

17 an operating agreement under this chapter.’’. 

18 (b) Section 53102(b) of such title is amended to read 

19 as follows: 

20 ‘‘(b) VESSEL ELIGIBILITY.—A vessel is eligible to be 

21 included in the Fleet if— 

22 ‘‘(1) the vessel meets the requirements of para23 graph (1), (2), (3), or (4) of subsection (c); 


smartinez on DSK6TPTVN1PROD with BILLS
1166 

HR 4310 RFS

1 ‘‘(2) the vessel is operated (or in the case of a 

2 vessel to be constructed, will be operated) in pro3 viding transportation in foreign commerce; 

4 ‘‘(3) the vessel is self-propelled and— 

5 ‘‘(A) is a tank vessel that is 10 years of 

6 age or less on the date the vessel is included in 

7 the Fleet; or 

8 ‘‘(B) is any other type of vessel that is 15 

9 years of age or less on the date the vessel is in10 cluded in the Fleet; 

11 ‘‘(4) the vessel— 

12 ‘‘(A) is suitable for use by the United 

13 States for national defense or military purposes 

14 in time of war or national emergency, as deter15 mined by the Secretary of Defense; and 

16 ‘‘(B) is commercially viable, as determined 

17 by the Secretary; and 

18 ‘‘(5) the vessel— 

19 ‘‘(A) is a United States-documented vessel; 

20 or 

21 ‘‘(B) is not a United States-documented 

22 vessel, but— 

23 ‘‘(i) the owner of the vessel has dem24 onstrated an intent to have the vessel docVerDate Mar 15 2010 01:00 Jun 20, 2012 Jkt 019200 PO 00000 Frm 01166 Fmt 6652 Sfmt 6201 E:\BILLS\H4310.RFS H4310

smartinez on DSK6TPTVN1PROD with BILLS
1167 

HR 4310 RFS

1 umented under chapter 121 of this title if 

2 it is included in the Fleet; and 

3 ‘‘(ii) at the time an operating agree4 ment for the vessel is entered into under 

5 this chapter, the vessel is eligible for docu6 mentation under chapter 121 of this 

7 title.’’. 

8 (c) Section 53103 of such title is amended— 

9 (1) by amending subsection (b) to read as fol10 lows: 

11 ‘‘(b) EXTENSION OF EXISTING OPERATING AGREE12 MENTS.— 

13 ‘‘(1) OFFER TO EXTEND.—Not later than 60 

14 days after the date of enactment of this paragraph, 

15 the Secretary shall offer, to an existing contractor, 

16 to extend, through September 30, 2025, an oper17 ating agreement that is in existence on the date of 

18 enactment of this paragraph. The terms and condi19 tions of the extended operating agreement shall in20 clude terms and conditions authorized under this 

21 chapter, as amended from time to time. 

22 ‘‘(2) TIME LIMIT.—An existing contractor shall 

23 have not later than 120 days after the date the Sec24 retary offers to extend an operating agreement to 

25 agree to the extended operating agreement. 


smartinez on DSK6TPTVN1PROD with BILLS
1168 

HR 4310 RFS

1 ‘‘(3) SUBSEQUENT AWARD.—The Secretary 

2 may award an operating agreement to an applicant 

3 that is eligible to enter into an operating agreement 

4 for fiscal years 2016 through 2025 if the existing 

5 contractor does not agree to the extended operating 

6 agreement under paragraph (2).’’; and 

7 (2) by amending subsection (c) to read as fol8 lows: 

9 ‘‘(c) PROCEDURE FOR AWARDING NEW OPERATING

10 AGREEMENTS.—The Secretary may enter into a new oper11 ating agreement with an applicant that meets the require12 ments of section 53102(c) (for vessels that meet the quali13 fications of section 53102(b)) on the basis of priority for 

14 vessel type established by military requirements of the 

15 Secretary of Defense. The Secretary shall allow an appli16 cant at least 30 days to submit an application for a new 

17 operating agreement. After consideration of military re18 quirements, priority shall be given to an applicant that 

19 is a United States citizen under section 50501 of this title. 

20 The Secretary may not approve an application without the 

21 consent of the Secretary of Defense. The Secretary shall 

22 enter into an operating agreement with the applicant or 

23 provide a written reason for denying the application.’’. 

24 (d) Section 53104 of such title is amended— 


smartinez on DSK6TPTVN1PROD with BILLS
1169 

HR 4310 RFS

1 (1) in subsection (c), by striking paragraph (3); 

2 and 

3 (2) in subsection (e), by striking ‘‘an operating 

4 agreement under this chapter is terminated under 

5 subsection (c)(3), or if’’. 

6 (e) Section 53105 of such title is amended— 

7 (1) by amending subsection (e) to read as fol8 lows: 

9 ‘‘(e) TRANSFER OF OPERATING AGREEMENTS.—A 

10 contractor under an operating agreement may transfer the 

11 agreement (including all rights and obligations under the 

12 operating agreement) to any person that is eligible to 

13 enter into the operating agreement under this chapter if 

14 the Secretary and the Secretary of Defense determine that 

15 the transfer is in the best interests of the United States. 

16 A transaction shall not be considered a transfer of an op17 erating agreement if the same legal entity with the same 

18 vessels remains the contracting party under the operating 

19 agreement.’’; and 

20 (2) by amending subsection (f) to read as fol21 lows: 

22 ‘‘(f) REPLACEMENT VESSELS.—A contractor may re23 place a vessel under an operating agreement with another 

24 vessel that is eligible to be included in the Fleet under 

25 section 53102(b), if the Secretary, in conjunction with the 


smartinez on DSK6TPTVN1PROD with BILLS
1170 

HR 4310 RFS

1 Secretary of Defense, approves the replacement of the ves2 sel.’’. 

3 (f) Section 53106 of such title is amended— 

4 (1) in subsection (a)(1), by striking ‘‘and (C) 

5 $3,100,000 for each of fiscal years 2012 through 

6 2025.’’ and inserting the following: 

7 ‘‘(C) $3,100,000 for each of fiscal years 

8 2012, 2013, 2014, 2015, 2016, 2017, and 

9 2018; 

10 ‘‘(D) $3,500,000 for each of fiscal years 

11 2019, 2020, and 2021; and 

12 ‘‘(E) $3,700,000 for each of fiscal years 

13 2022, 2023, 2024, and 2025.’’; 

14 (2) in subsection (c)(3)(C), by striking ‘‘a 

15 LASH vessel.’’ and inserting ‘‘a lighter aboard ship 

16 vessel.’’; and 

17 (3) by striking subsection (f). 

18 (g) Section 53107(b)(1) is amended to read as fol19 lows: 

20 ‘‘(1) IN GENERAL.—An Emergency Prepared21 ness Agreement under this section shall require that 

22 a contractor for a vessel covered by an operating 

23 agreement under this chapter shall make commercial 

24 transportation resources (including services) avail25 able, upon request by the Secretary of Defense durVerDate Mar 15 2010 01:00 Jun 20, 2012 Jkt 019200 PO 00000 Frm 01170 Fmt 6652 Sfmt 6201 E:\BILLS\H4310.RFS H4310

smartinez on DSK6TPTVN1PROD with BILLS
1171 

HR 4310 RFS

1 ing a time of war or national emergency, or when2 ever the Secretary of Defense determines that it is 

3 necessary for national security or contingency oper4 ation (as that term is defined in section 101 of title 

5 10, United States Code).’’. 

6 (h) Section 53109 is repealed. 

7 (i) Section 53111 is amended— 

8 (1) by striking ‘‘and’’ at the end of paragraph 

9 (2); and 

10 (2) by amending paragraph (3) to read as fol11 lows: 

12 ‘‘(3) $186,000,000 for each of fiscal years 

13 2012, 2013, 2014, 2015, 2016, 2017, and 2018; 

14 ‘‘(4) $210,000,000 for each of fiscal years 

15 2019, 2020, and 2021; and 

16 ‘‘(5) $222,000,000 for each fiscal year there17 after through fiscal year 2025.’’. 

18 (j) EFFECTIVE DATE OF AMENDMENTS.—The 

19 amendments made by— 

20 (1) paragraphs (2), (3), and (4) of section 

21 3308(a) of this Act take effect on December 31, 

22 2014; and 

23 (2) section 3308(f)(2) of this Act take effect on 

24 December 31, 2014. 


smartinez on DSK6TPTVN1PROD with BILLS
1172 

HR 4310 RFS

1 SEC. 3509. IDENTIFICATION OF ACTIONS TO ENABLE 

2 QUALIFIED UNITED STATES FLAG CAPACITY 

3 TO MEET NATIONAL DEFENSE REQUIRE4 MENTS. 

5 (a) IDENTIFICATION OF ACTIONS.—Section 501(b) of 

6 title 46, United States Code, is amended— 

7 (1) by inserting ‘‘(1)’’ before ‘‘When the head’’; 

8 and 

9 (2) by adding at the end the following: 

10 ‘‘(2) The Administrator of the Maritime Administra11 tion shall— 

12 ‘‘(A) in each determination referred to in para13 graph (1), identify any actions that could be taken 

14 to enable qualified United States flag capacity to 

15 meet national defense requirements; 

16 ‘‘(B) provide each such determination to the 

17 Secretary of Transportation and the head of the 

18 agency referred to in paragraph (1) for which the 

19 determination is made; and 

20 ‘‘(C) publish each such determination on the 

21 Internet site of the Department of Transportation 

22 within 48 hours after it is provided to the Secretary 

23 of Transportation. 

24 ‘‘(3)(A) The Secretary of Transportation, in con25 sultation with the Secretary of Homeland Security, shall 

26 notify the Committees on Appropriations, Transportation 


smartinez on DSK6TPTVN1PROD with BILLS
1173 

HR 4310 RFS

1 and Infrastructure, and Armed Services of the House of 

2 Representatives and the Committees on Appropriations, 

3 Commerce, Science, and Transportation, and Armed Serv4 ices of the Senate— 

5 ‘‘(i) of any request for a waiver of the naviga6 tion or vessel-inspection laws under this section not 

7 later than 48 hours after receiving the request; and 

8 ‘‘(ii) of the issuance of any waiver of compli9 ance of such a law not later than 48 hours after 

10 such issuance. 

11 ‘‘(B) The Secretary shall include in each notification 

12 under subparagraph (A)(ii) an explanation of— 

13 ‘‘(i) the reasons the waiver is necessary; and 

14 ‘‘(ii) the reasons actions referred to in subpara15 graph (A) are not feasible.’’. 

16 SEC. 3510. DEPARTMENT OF DEFENSE NATIONAL STRA17 TEGIC PORTS STUDY AND COMPTROLLER 

18 GENERAL STUDIES AND REPORTS ON STRA19 TEGIC PORTS. 

20 (a) SENSE OF CONGRESS ON COMPLETION OF DOD 

21 REPORT.—It is the sense of Congress that the Secretary 

22 of Defense should expedite completion of the study of stra23 tegic ports in the United States called for in the con24 ference report to accompany the National Defense Author25 ization Act for Fiscal Year 2012 (Conference Report 112– 


smartinez on DSK6TPTVN1PROD with BILLS
1174 

HR 4310 RFS

1 329) so that it can be submitted to Congress before Sep2 tember 30, 2012. 

3 (b) SUBMISSION OF REPORT TO COMPTROLLER GEN4 ERAL.—In addition to submitting the report referred to 

5 in subsection (a) to Congress, the Secretary of Defense 

6 shall submit the report to the Comptroller General of the 

7 United States for consideration under subsection (c). 

8 (c) COMPTROLLER GENERAL STUDIES AND REPORTS

9 ON STRATEGIC PORTS.— 

10 (1) COMPTROLLER GENERAL REVIEW.—Not 

11 later than 90 days after receipt of the report re12 ferred to in subsection (a), the Comptroller General 

13 shall conduct an assessment of the report and sub14 mit to the congressional defense committees a report 

15 of such assessment. 

16 (2) COMPTROLLER GENERAL STUDY AND RE17 PORT.—Not later than 270 days after the enactment 

18 of this Act, the Comptroller General of the United 

19 States shall conduct a study of the Department of 

20 Defense’s programs and efforts related to the state 

21 of strategic ports with respect to the Department’s 

22 operational and readiness requirements, and report 

23 to the congressional defense committees on the find24 ings of such study. The report should include an as25 sessment of— 


smartinez on DSK6TPTVN1PROD with BILLS
1175 

HR 4310 RFS

1 (A) the extent to which the facilities at 

2 strategic ports meet the Department of De3 fense’s requirements; 

4 (B) the extent to which the Department 

5 has identified gaps in the ability of existing 

6 strategic ports to meet its needs and identified 

7 and undertaken efforts to address any gaps; 

8 and 

9 (C) the Department’s ability to oversee, co10 ordinate, and provide security for military de11 ployments through strategic ports. 

12 (d) STRATEGIC SEAPORT DEFINED.—In this section, 

13 the term ‘‘strategic port’’ means a United States port des14 ignated by the Secretary of Defense as a significant trans15 portation hub important to the readiness and cargo 

16 throughput capacity of the Department of Defense. 

17 DIVISION D—FUNDING TABLES 

18 SEC. 4001. AUTHORIZATION OF AMOUNTS IN FUNDING TA19 BLES. 

20 (a) IN GENERAL.—Whenever a funding table in this 

21 division specifies a dollar amount authorized for a project, 

22 program, or activity, the obligation and expenditure of the 

23 specified dollar amount for the project, program, or activ24 ity is hereby authorized, subject to the availability of ap25 propriations. 


smartinez on DSK6TPTVN1PROD with BILLS
1176 

HR 4310 RFS

1 (b) MERIT-BASED DECISIONS.—A decision to com2 mit, obligate, or expend funds with or to a specific entity 

3 on the basis of a dollar amount authorized pursuant to 

4 subsection (a) shall— 

5 (1) be based on merit-based selection proce6 dures in accordance with the requirements of sec7 tions 2304(k) and 2374 of title 10, United States 

8 Code, or on competitive procedures; and 

9 (2) comply with other applicable provisions of 

10 law. 

11 (c) RELATIONSHIP TO TRANSFER AND PROGRAM12 MING AUTHORITY.—An amount specified in the funding 

13 tables in this division may be transferred or repro14 grammed under a transfer or reprogramming authority 

15 provided by another provision of this Act or by other law. 

16 The transfer or reprogramming of an amount specified in 

17 such funding tables shall not count against a ceiling on 

18 such transfers or reprogrammings under section 1001 or 

19 section 1522 of this Act or any other provision of law, 

20 unless such transfer or reprogramming would move funds 

21 between appropriation accounts. 

22 (d) APPLICABILITY TO CLASSIFIED ANNEX.—This 

23 section applies to any classified annex that accompanies 

24 this Act. 


smartinez on DSK6TPTVN1PROD with BILLS
1177 

HR 4310 RFS

1 (e) ORAL AND WRITTEN COMMUNICATIONS.—No 

2 oral or written communication concerning any amount 

3 specified in the funding tables in this division shall super4 sede the requirements of this section. 

5 TITLE XLI—PROCUREMENT 

6 SEC. 4101. PROCUREMENT. 

SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2013 

Request 

House Authorized 

AIRCRAFT PROCUREMENT, ARMY 

FIXED WING 

01 UTILITY F/W AIRCRAFT .......................................................................................... 18,639 18,639 

03 MQ–1 UAV .................................................................................................................... 518,088 518,088 

04 RQ–11 (RAVEN) .......................................................................................................... 25,798 25,798 

ROTARY 

06 HELICOPTER, LIGHT UTILITY (LUH) ................................................................. 271,983 271,983 

07 AH–64 APACHE BLOCK IIIA REMAN .................................................................... 577,115 577,115 

08 ADVANCE PROCUREMENT (CY) ........................................................................ 107,707 107,707 

09 AH–64 APACHE BLOCK IIIB NEW BUILD ........................................................... 153,993 153,993 

10 ADVANCE PROCUREMENT (CY) ........................................................................ 146,121 146,121 

13 UH–60 BLACKHAWK M MODEL (MYP) ................................................................. 1,107,087 1,107,087 

14 ADVANCE PROCUREMENT (CY) ........................................................................ 115,113 115,113 

15 CH–47 HELICOPTER ................................................................................................. 1,076,036 1,076,036 

16 ADVANCE PROCUREMENT (CY) ........................................................................ 83,346 83,346 

MODIFICATION OF AIRCRAFT 

18 MQ–1 PAYLOAD—UAS .............................................................................................. 231,508 231,508 

20 GUARDRAIL MODS (MIP) ......................................................................................... 16,272 16,272 

21 MULTI SENSOR ABN RECON (MIP) ...................................................................... 4,294 4,294 

22 AH–64 MODS ............................................................................................................... 178,805 178,805 

23 CH–47 CARGO HELICOPTER MODS (MYP) .......................................................... 39,135 39,135 

24 UTILITY/CARGO AIRPLANE MODS ....................................................................... 24,842 24,842 

26 UTILITY HELICOPTER MODS ................................................................................ 73,804 73,804 

27 KIOWA WARRIOR MODS .......................................................................................... 192,484 192,484 

29 NETWORK AND MISSION PLAN ............................................................................ 190,789 190,789 

30 COMMS, NAV SURVEILLANCE ................................................................................ 133,191 133,191 

31 GATM ROLLUP ........................................................................................................... 87,280 87,280 

32 RQ–7 UAV MODS ........................................................................................................ 104,339 104,339 

GROUND SUPPORT AVIONICS 

34 AIRCRAFT SURVIVABILITY EQUIPMENT ........................................................... 34,037 34,037 

36 CMWS ............................................................................................................................ 127,751 127,751 

OTHER SUPPORT 

37 AVIONICS SUPPORT EQUIPMENT ......................................................................... 4,886 4,886 

38 COMMON GROUND EQUIPMENT ........................................................................... 82,511 82,511 

39 AIRCREW INTEGRATED SYSTEMS ....................................................................... 77,381 77,381 

40 AIR TRAFFIC CONTROL .......................................................................................... 47,235 47,235 

41 INDUSTRIAL FACILITIES ....................................................................................... 1,643 1,643 

42 LAUNCHER, 2.75 ROCKET ....................................................................................... 516 516 

TOTAL, AIRCRAFT PROCUREMENT, ARMY ................................. 5,853,729 5,853,729 

MISSILE PROCUREMENT, ARMY 

SURFACE-TO-AIR MISSILE SYSTEM 

01 PATRIOT SYSTEM SUMMARY ................................................................................. 646,590 696,590 

Additional PAC–3 missiles ..................................................................................... [50,000] 

02 MSE MISSILE .............................................................................................................. 12,850 12,850 

AIR-TO-SURFACE MISSILE SYSTEM 

04 HELLFIRE SYS SUMMARY ...................................................................................... 1,401 11,401 

Program increase ................................................................................................... [10,000] 

ANTI-TANK/ASSAULT MISSILE SYS 

05 JAVELIN (AAWS-M) SYSTEM SUMMARY .............................................................. 81,121 81,121 

06 TOW 2 SYSTEM SUMMARY ...................................................................................... 64,712 64,712 

07 ADVANCE PROCUREMENT (CY) ........................................................................ 19,931 19,931 

08 GUIDED MLRS ROCKET (GMLRS) ......................................................................... 218,679 218,679 

09 MLRS REDUCED RANGE PRACTICE ROCKETS (RRPR) ................................... 18,767 18,767 

10 HIGH MOBILITY ARTILLERY ROCKET SYSTEM ............................................... 12,051 12,051 

MODIFICATIONS 

11 PATRIOT MODS .......................................................................................................... 199,565 199,565 

13 MLRS MODS ................................................................................................................ 2,466 2,466 


smartinez on DSK6TPTVN1PROD with BILLS
1178 

HR 4310 RFS

SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2013 

Request 

House Authorized 

14 HIMARS MODIFICATIONS ....................................................................................... 6,068 6,068 

SPARES AND REPAIR PARTS 

16 SPARES AND REPAIR PARTS ................................................................................. 7,864 7,864 

SUPPORT EQUIPMENT & FACILITIES 

17 AIR DEFENSE TARGETS ......................................................................................... 3,864 3,864 

18 ITEMS LESS THAN $5 MILLION (MISSILES) ...................................................... 1,560 1,560 

19 PRODUCTION BASE SUPPORT ............................................................................... 5,200 5,200 

TOTAL, MISSILE PROCUREMENT, ARMY ...................................... 1,302,689 1,362,689 

PROCUREMENT OF W&TCV, ARMY 

TRACKED COMBAT VEHICLES 

01 STRYKER VEHICLE .................................................................................................. 286,818 286,818 

MODIFICATION OF TRACKED COMBAT VEHICLES 

03 STRYKER (MOD) ........................................................................................................ 60,881 60,881 

04 FIST VEHICLE (MOD) .............................................................................................. 57,257 57,257 

05 BRADLEY PROGRAM (MOD) ................................................................................... 148,193 288,193 

Program increase ................................................................................................... [140,000] 

06 HOWITZER, MED SP FT 155MM M109A6 (MOD) ................................................. 10,341 10,341 

07 PALADIN PIM MOD IN SERVICE ........................................................................... 206,101 206,101 

08 IMPROVED RECOVERY VEHICLE (M88A2 HERCULES) ................................... 107,909 169,909 

Program increase ................................................................................................... [62,000] 

09 ASSAULT BREACHER VEHICLE ............................................................................ 50,039 50,039 

10 M88 FOV MODS .......................................................................................................... 29,930 29,930 

11 M1 ABRAMS TANK (MOD) ........................................................................................ 129,090 129,090 

12 ABRAMS UPGRADE PROGRAM ............................................................................... 74,433 255,433 

Program increase ................................................................................................... [181,000] 

SUPPORT EQUIPMENT & FACILITIES 

13 PRODUCTION BASE SUPPORT (TCV-WTCV) ....................................................... 1,145 1,145 

WEAPONS & OTHER COMBAT VEHICLES 

14 INTEGRATED AIR BURST WEAPON SYSTEM FAMILY .................................... 506 0 

XM25 funding ahead of need ................................................................................ [–506] 

17 LIGHTWEIGHT .50 CALIBER MACHINE GUN ..................................................... 25,183 25,183 

19 MORTAR SYSTEMS .................................................................................................... 8,104 8,104 

21 XM320 GRENADE LAUNCHER MODULE (GLM) ................................................. 14,096 14,096 

24 CARBINE ...................................................................................................................... 21,272 21,272 

25 SHOTGUN, MODULAR ACCESSORY SYSTEM (MASS) ....................................... 6,598 6,598 

26 COMMON REMOTELY OPERATED WEAPONS STATION .................................. 56,725 56,725 

27 HOWITZER LT WT 155MM (T) ................................................................................ 13,827 13,827 

MOD OF WEAPONS AND OTHER COMBAT VEH 

29 M777 MODS ................................................................................................................. 26,843 26,843 

30 M4 CARBINE MODS ................................................................................................... 27,243 27,243 

31 M2 50 CAL MACHINE GUN MODS .......................................................................... 39,974 39,974 

32 M249 SAW MACHINE GUN MODS ........................................................................... 4,996 4,996 

33 M240 MEDIUM MACHINE GUN MODS .................................................................. 6,806 6,806 

34 SNIPER RIFLES MODIFICATIONS ........................................................................ 14,113 14,113 

35 M119 MODIFICATIONS ............................................................................................. 20,727 20,727

36 M16 RIFLE MODS ...................................................................................................... 3,306 3,306 

37 MODIFICATIONS LESS THAN $5.0M (WOCV-WTCV) .......................................... 3,072 3,072 

SUPPORT EQUIPMENT & FACILITIES 

38 ITEMS LESS THAN $5 MILLION (WOCV-WTCV) ................................................. 2,026 2,026 

39 PRODUCTION BASE SUPPORT (WOCV-WTCV) ................................................... 10,115 10,115 

40 INDUSTRIAL PREPAREDNESS .............................................................................. 442 442 

41 SMALL ARMS EQUIPMENT (SOLDIER ENH PROG) .......................................... 2,378 2,378 

SPARES 

42 SPARES AND REPAIR PARTS (WTCV) .................................................................. 31,217 31,217 

TOTAL, PROCUREMENT OF W&TCV, ARMY ................................. 1,501,706 1,884,200 

PROCUREMENT OF AMMUNITION, ARMY 

SMALL/MEDIUM CAL AMMUNITION 

01 CTG, 5.56MM, ALL TYPES ........................................................................................ 158,313 123,513 

Unit cost savings .................................................................................................... [–34,800] 

02 CTG, 7.62MM, ALL TYPES ........................................................................................ 91,438 91,438 

03 CTG, HANDGUN, ALL TYPES ................................................................................. 8,954 8,954 

04 CTG, .50 CAL, ALL TYPES ....................................................................................... 109,604 109,604 

05 CTG, 20MM, ALL TYPES ........................................................................................... 4,041 4,041 

06 CTG, 25MM, ALL TYPES ........................................................................................... 12,654 12,654

07 CTG, 30MM, ALL TYPES ........................................................................................... 72,154 54,154

Pricing adjustments for target practice round and light-weight dual-purpose 

round.

[–18,000] 

08 CTG, 40MM, ALL TYPES ........................................................................................... 60,138 60,138

MORTAR AMMUNITION 

09 60MM MORTAR, ALL TYPES ................................................................................... 44,375 44,375 

10 81MM MORTAR, ALL TYPES ................................................................................... 27,471 27,471 

11 120MM MORTAR, ALL TYPES ................................................................................. 87,811 87,811 

TANK AMMUNITION 

12 CARTRIDGES, TANK, 105MM AND 120MM, ALL TYPES ................................... 112,380 112,380 

ARTILLERY AMMUNITION 

13 ARTILLERY CARTRIDGES, 75MM AND 105MM, ALL TYP ................................ 50,861 50,861 


smartinez on DSK6TPTVN1PROD with BILLS
1179 

HR 4310 RFS

SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2013 

Request 

House Authorized 

14 ARTILLERY PROJECTILE, 155MM, ALL TYPES ................................................. 26,227 26,227 

15 PROJ 155MM EXTENDED RANGE XM982 ............................................................ 110,329 55,329 

Excalibur I-b round schedule delay ....................................................................... [–55,000] 

16 ARTILLERY PROPELLANTS, FUZES AND PRIMERS, ALL .............................. 43,924 43,924 

MINES 

17 MINES & CLEARING CHARGES, ALL TYPES ...................................................... 3,775 3,775 

NETWORKED MUNITIONS 

18 SPIDER NETWORK MUNITIONS, ALL TYPES .................................................... 17,408 17,408 

ROCKETS 

19 SHOULDER LAUNCHED MUNITIONS, ALL TYPES ........................................... 1,005 1,005 

20 ROCKET, HYDRA 70, ALL TYPES .......................................................................... 123,433 123,433 

OTHER AMMUNITION 

21 DEMOLITION MUNITIONS, ALL TYPES ............................................................... 35,189 35,189 

22 GRENADES, ALL TYPES .......................................................................................... 33,477 33,477 

23 SIGNALS, ALL TYPES ............................................................................................... 9,991 9,991

24 SIMULATORS, ALL TYPES ...................................................................................... 10,388 10,388 

MISCELLANEOUS 

25 AMMO COMPONENTS, ALL TYPES ........................................................................ 19,383 19,383 

26 NON-LETHAL AMMUNITION, ALL TYPES ........................................................... 7,336 7,336 

27 CAD/PAD ALL TYPES ............................................................................................... 6,641 6,641 

28 ITEMS LESS THAN $5 MILLION ............................................................................ 15,092 15,092 

29 AMMUNITION PECULIAR EQUIPMENT ............................................................... 15,692 15,692 

30 FIRST DESTINATION TRANSPORTATION (AMMO) ........................................... 14,107 14,107 

31 CLOSEOUT LIABILITIES ......................................................................................... 106 106 

PRODUCTION BASE SUPPORT 

32 PROVISION OF INDUSTRIAL FACILITIES .......................................................... 220,171 220,171 

33 CONVENTIONAL MUNITIONS DEMILITARIZATION, ALL ............................... 182,461 182,461 

34 ARMS INITIATIVE ..................................................................................................... 3,377 3,377 

TOTAL, PROCUREMENT OF AMMUNITION, ARMY ................... 1,739,706 1,631,906 

OTHER PROCUREMENT, ARMY 

TACTICAL VEHICLES 

01 SEMITRAILERS, FLATBED: .................................................................................... 7,097 7,097 

02 FAMILY OF MEDIUM TACTICAL VEH (FMTV) ................................................... 346,115 346,115 

03 FIRETRUCKS & ASSOCIATED FIREFIGHTING EQUIP ..................................... 19,292 19,292 

04 FAMILY OF HEAVY TACTICAL VEHICLES (FHTV) ........................................... 52,933 52,933 

05 PLS ESP ....................................................................................................................... 18,035 18,035 

09 TRUCK, TRACTOR, LINE HAUL, M915/M916 ....................................................... 3,619 3,619 

10 HVY EXPANDED MOBILE TACTICAL TRUCK EXT SERV ............................... 26,859 26,859 

12 TACTICAL WHEELED VEHICLE PROTECTION KITS ....................................... 69,163 69,163 

13 MODIFICATION OF IN SVC EQUIP ........................................................................ 91,754 91,754 

NON-TACTICAL VEHICLES 

18 PASSENGER CARRYING VEHICLES ...................................................................... 2,548 2,548 

19 NONTACTICAL VEHICLES, OTHER ...................................................................... 16,791 16,791 

COMM—JOINT COMMUNICATIONS 

20 JOINT COMBAT IDENTIFICATION MARKING SYSTEM ................................... 10,061 10,061 

21 WIN-T—GROUND FORCES TACTICAL NETWORK ............................................. 892,635 872,635 

Program adjustment .............................................................................................. [–20,000] 

22 SIGNAL MODERNIZATION PROGRAM .................................................................. 45,626 45,626 

23 JCSE EQUIPMENT (USREDCOM) ........................................................................... 5,143 5,143 

COMM—SATELLITE COMMUNICATIONS 

24 DEFENSE ENTERPRISE WIDEBAND SATCOM SYSTEMS ............................... 151,636 151,636 

25 TRANSPORTABLE TACTICAL COMMAND COMMUNICATIONS ....................... 6,822 6,822 

26 SHF TERM ................................................................................................................... 9,108 9,108 

28 NAVSTAR GLOBAL POSITIONING SYSTEM (SPACE) ........................................ 27,353 27,353 

29 SMART-T (SPACE) ...................................................................................................... 98,656 98,656 

31 GLOBAL BRDCST SVC—GBS .................................................................................. 47,131 47,131 

32 MOD OF IN-SVC EQUIP (TAC SAT) ........................................................................ 23,281 23,281 

COMM—C3 SYSTEM 

34 ARMY GLOBAL CMD & CONTROL SYS (AGCCS) ................................................. 10,848 10,848 

COMM—COMBAT COMMUNICATIONS 

35 ARMY DATA DISTRIBUTION SYSTEM (DATA RADIO) ...................................... 979 979 

36 JOINT TACTICAL RADIO SYSTEM ........................................................................ 556,250 521,250 

Program adjustment .............................................................................................. [–35,000] 

37 MID-TIER NETWORKING VEHICULAR RADIO (MNVR) .................................... 86,219 76,219 

Program adjustment .............................................................................................. [–10,000] 

38 RADIO TERMINAL SET, MIDS LVT(2) .................................................................. 7,798 7,798 

39 SINCGARS FAMILY .................................................................................................... 9,001 9,001 

40 AMC CRITICAL ITEMS—OPA2 ................................................................................ 24,601 24,601 

41 TRACTOR DESK ......................................................................................................... 7,779 7,779 

43 SPIDER APLA REMOTE CONTROL UNIT ............................................................ 34,365 19,365 

Program delay ........................................................................................................ [–15,000] 

44 SOLDIER ENHANCEMENT PROGRAM COMM/ELECTRONICS ........................ 1,833 1,833 

45 TACTICAL COMMUNICATIONS AND PROTECTIVE SYSTEM .......................... 12,984 12,984 

47 GUNSHOT DETECTION SYSTEM (GDS) ............................................................... 2,332 2,332 

48 RADIO, IMPROVED HF (COTS) FAMILY ............................................................... 1,132 1,132 

49 MEDICAL COMM FOR CBT CASUALTY CARE (MC4) ......................................... 22,899 22,899 

COMM—INTELLIGENCE COMM 


smartinez on DSK6TPTVN1PROD with BILLS
1180 

HR 4310 RFS

SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2013 

Request 

House Authorized 

51 CI AUTOMATION ARCHITECTURE ........................................................................ 1,564 1,564 

52 RESERVE CA/MISO GPF EQUIPMENT .................................................................. 28,781 28,781 

INFORMATION SECURITY 

53 TSEC—ARMY KEY MGT SYS (AKMS) .................................................................... 23,432 23,432 

54 INFORMATION SYSTEM SECURITY PROGRAM-ISSP ........................................ 43,897 43,897 

COMM—LONG HAUL COMMUNICATIONS 

56 TERRESTRIAL TRANSMISSION ............................................................................. 2,891 2,891 

57 BASE SUPPORT COMMUNICATIONS ..................................................................... 13,872 13,872 

58 WW TECH CON IMP PROG (WWTCIP) .................................................................. 9,595 9,595 

COMM—BASE COMMUNICATIONS 

59 INFORMATION SYSTEMS ........................................................................................ 142,133 142,133 

61 INSTALLATION INFO INFRASTRUCTURE MOD PROGRAM ............................ 57,727 57,727 

62 PENTAGON INFORMATION MGT AND TELECOM ............................................. 5,000 5,000 

ELECT EQUIP—TACT INT REL ACT (TIARA) 

65 JTT/CIBS-M ................................................................................................................. 1,641 1,641 

66 PROPHET GROUND .................................................................................................. 48,797 48,797 

69 DCGS-A (MIP) .............................................................................................................. 184,007 184,007 

70 JOINT TACTICAL GROUND STATION (JTAGS) .................................................. 2,680 2,680 

71 TROJAN (MIP) ............................................................................................................ 21,483 21,483 

72 MOD OF IN-SVC EQUIP (INTEL SPT) (MIP) ........................................................ 2,412 2,412 

73 CI HUMINT AUTO REPRINTING AND COLLECTION ........................................ 7,077 7,077 

ELECT EQUIP—ELECTRONIC WARFARE (EW) 

75 LIGHTWEIGHT COUNTER MORTAR RADAR ...................................................... 72,594 72,594 

76 CREW ............................................................................................................................ 15,446 15,446 

78 COUNTERINTELLIGENCE/SECURITY COUNTERMEASURES ......................... 1,470 1,470 

79 CI MODERNIZATION ................................................................................................. 1,368 1,368

ELECT EQUIP—TACTICAL SURV. (TAC SURV) 

80 FAAD GBS ................................................................................................................... 7,980 7,980 

81 SENTINEL MODS ....................................................................................................... 33,444 33,444 

82 SENSE THROUGH THE WALL (STTW) ................................................................ 6,212 6,212 

83 NIGHT VISION DEVICES ......................................................................................... 166,516 166,516

85 NIGHT VISION, THERMAL WPN SIGHT ............................................................... 82,162 82,162 

86 SMALL TACTICAL OPTICAL RIFLE MOUNTED MLRF ..................................... 20,717 20,717 

89 GREEN LASER INTERDICTION SYSTEM (GLIS) ................................................ 1,014 1,014 

90 INDIRECT FIRE PROTECTION FAMILY OF SYSTEMS ..................................... 29,881 29,881 

91 PROFILER ................................................................................................................... 12,482 12,482 

92 MOD OF IN-SVC EQUIP (FIREFINDER RADARS) .............................................. 3,075 3,075 

94 JOINT BATTLE COMMAND—PLATFORM (JBC-P) ............................................. 141,385 141,385 

96 MOD OF IN-SVC EQUIP (LLDR) ............................................................................. 22,403 22,403 

98 MORTAR FIRE CONTROL SYSTEM ....................................................................... 29,505 29,505 

99 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 

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 

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 

CLASSIFIED PROGRAMS 

124A CLASSIFIED PROGRAMS ......................................................................................... 3,435 3,435 

CHEMICAL DEFENSIVE EQUIPMENT 

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 

BRIDGING EQUIPMENT 

130 TACTICAL BRIDGING ............................................................................................... 35,499 35,499 

131 TACTICAL BRIDGE, FLOAT-RIBBON .................................................................... 32,893 32,893 

ENGINEER (NON-CONSTRUCTION) EQUIPMENT 

134 ROBOTIC COMBAT SUPPORT SYSTEM (RCSS) ................................................... 29,106 29,106 

135 EXPLOSIVE ORDNANCE DISPOSAL EQPMT (EOD EQPMT) ........................... 25,459 25,459 


smartinez on DSK6TPTVN1PROD with BILLS
1181 

HR 4310 RFS

SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2013 

Request 

House Authorized 

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 

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 MISSION EQUIPMENT PACKAGE (MEP) .......................................... 20,540 20,540 

MAINTENANCE EQUIPMENT 

152 MOBILE MAINTENANCE EQUIPMENT SYSTEMS .............................................. 2,495 2,495 

CONSTRUCTION EQUIPMENT 

154 GRADER, ROAD MTZD, HVY, 6X4 (CCE) .............................................................. 2,028 2,028 

156 SCRAPERS, EARTHMOVING .................................................................................... 6,146 6,146 

157 MISSION MODULES—ENGINEERING ................................................................... 31,200 31,200 

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 

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 

173 FAMILY OF FORKLIFTS .......................................................................................... 5,895 5,895 

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 83,937 

OPA2 

193 INITIAL SPARES—C&E ............................................................................................ 64,507 64,507

TOTAL, OTHER PROCUREMENT, ARMY ........................................ 6,326,245 6,246,245 

JOINT IMPR EXPLOSIVE DEV DEFEAT FUND 

STAFF AND INFRASTRUCTURE 

04 OPERATIONS .............................................................................................................. 227,414 0 

Transfer of funds to title 15 .................................................................................. [–227,414] 

TOTAL, JOINT IMPR EXPLOSIVE DEV DEFEAT FUND ........... 227,414 0 

AIRCRAFT PROCUREMENT, NAVY 

COMBAT AIRCRAFT 

01 EA–18G ......................................................................................................................... 1,027,443 997,443 

Cost growth-CFE electronics, non-recurring costs ................................................ [–30,000] 

02 ADVANCE PROCUREMENT (CY) ........................................................................ 45,000 

Program increase ................................................................................................... [45,000] 

03 F/A–18E/F (FIGHTER) HORNET ............................................................................. 2,035,131 1,989,131 

Cost growth-CFE electronics, support costs .......................................................... [–46,000] 

04 ADVANCE PROCUREMENT (CY) ........................................................................ 30,296 30,296 

05 JOINT STRIKE FIGHTER CV .................................................................................. 1,007,632 1,007,632

06 ADVANCE PROCUREMENT (CY) ........................................................................ 65,180 65,180 

07 JSF STOVL .................................................................................................................. 1,404,737 1,404,737 


smartinez on DSK6TPTVN1PROD with BILLS
1182 

HR 4310 RFS

SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2013 

Request 

House Authorized 

08 ADVANCE PROCUREMENT (CY) ........................................................................ 106,199 106,199 

09 V–22 (MEDIUM LIFT) ................................................................................................ 1,303,120 1,303,120 

10 ADVANCE PROCUREMENT (CY) ........................................................................ 154,202 154,202 

11 H–1 UPGRADES (UH–1Y/AH–1Z) ............................................................................ 720,933 720,933 

12 ADVANCE PROCUREMENT (CY) ........................................................................ 69,658 69,658 

13 MH–60S (MYP) ............................................................................................................ 384,792 384,792 

14 ADVANCE PROCUREMENT (CY) ........................................................................ 69,277 69,277 

15 MH–60R (MYP) ............................................................................................................ 656,866 826,866 

Cruiser Retention—Restore 5 helicopters ............................................................. [170,000] 

16 ADVANCE PROCUREMENT (CY) ........................................................................ 185,896 185,896 

17 P–8A POSEIDON ......................................................................................................... 2,420,755 2,420,755 

18 ADVANCE PROCUREMENT (CY) ........................................................................ 325,679 325,679 

19 E–2D ADV HAWKEYE ............................................................................................... 861,498 861,498 

20 ADVANCE PROCUREMENT (CY) ........................................................................ 123,179 123,179 

TRAINER AIRCRAFT 

22 JPATS ........................................................................................................................... 278,884 278,884 

OTHER AIRCRAFT 

23 KC–130J ........................................................................................................................ 3,000 3,000 

24 ADVANCE PROCUREMENT (CY) ........................................................................ 22,995 22,995 

25 ADVANCE PROCUREMENT (CY) ........................................................................ 51,124 51,124 

26 MQ–8 UAV .................................................................................................................... 124,573 124,573 

27 STUASL0 UAV ............................................................................................................. 9,593 9,593 

MODIFICATION OF AIRCRAFT 

28 EA–6 SERIES .............................................................................................................. 30,062 30,062 

29 AEA SYSTEMS ............................................................................................................ 49,999 49,999 

30 AV–8 SERIES ............................................................................................................... 38,703 38,703 

31 ADVERSARY ................................................................................................................ 4,289 4,289 

32 F–18 SERIES ............................................................................................................... 647,306 647,306 

33 H–46 SERIES ............................................................................................................... 2,343 2,343 

34 AH–1W SERIES ........................................................................................................... 8,721 8,721 

35 H–53 SERIES ............................................................................................................... 45,567 45,567 

36 SH–60 SERIES ............................................................................................................ 83,527 83,527 

37 H–1 SERIES ................................................................................................................. 6,508 6,508 

38 EP–3 SERIES ............................................................................................................... 66,374 66,374 

39 P–3 SERIES ................................................................................................................. 148,405 148,405 

40 E–2 SERIES ................................................................................................................. 16,322 16,322 

41 TRAINER A/C SERIES ............................................................................................... 34,284 34,284 

42 C–2A .............................................................................................................................. 4,743 4,743 

43 C–130 SERIES ............................................................................................................. 60,302 60,302 

44 FEWSG ......................................................................................................................... 670 670 

45 CARGO/TRANSPORT A/C SERIES ........................................................................... 26,311 26,311 

46 E–6 SERIES ................................................................................................................. 158,332 158,332 

47 EXECUTIVE HELICOPTERS SERIES .................................................................... 58,163 58,163 

48 SPECIAL PROJECT AIRCRAFT ............................................................................... 12,421 12,421 

49 T–45 SERIES ............................................................................................................... 64,488 64,488 

50 POWER PLANT CHANGES ....................................................................................... 21,569 21,569 

51 JPATS SERIES ............................................................................................................ 1,552 1,552 

52 AVIATION LIFE SUPPORT MODS .......................................................................... 2,473 2,473 

53 COMMON ECM EQUIPMENT ................................................................................... 114,690 114,690 

54 COMMON AVIONICS CHANGES .............................................................................. 96,183 96,183 

56 ID SYSTEMS ................................................................................................................ 39,846 39,846 

57 P–8 SERIES ................................................................................................................. 5,302 5,302 

58 MAGTF EW FOR AVIATION ..................................................................................... 34,127 34,127 

59 RQ–7 SERIES .............................................................................................................. 49,324 49,324 

60 V–22 (TILT/ROTOR ACFT) OSPREY ....................................................................... 95,856 95,856 

AIRCRAFT SPARES AND REPAIR PARTS 

61 SPARES AND REPAIR PARTS ................................................................................. 1,166,430 1,126,430 

Spares cost growth—F–35C, F–35B, E–2D ......................................................... [–40,000] 

AIRCRAFT SUPPORT EQUIP & FACILITIES 

62 COMMON GROUND EQUIPMENT ........................................................................... 387,195 387,195 

63 AIRCRAFT INDUSTRIAL FACILITIES ................................................................... 23,469 23,469 

64 WAR CONSUMABLES ................................................................................................ 43,383 43,383

65 OTHER PRODUCTION CHARGES ........................................................................... 3,399 3,399 

66 SPECIAL SUPPORT EQUIPMENT .......................................................................... 32,274 32,274 

67 FIRST DESTINATION TRANSPORTATION .......................................................... 1,742 1,742 

TOTAL, AIRCRAFT PROCUREMENT, NAVY .................................. 17,129,296 17,228,296 

WEAPONS PROCUREMENT, NAVY 

MODIFICATION OF MISSILES 

01 TRIDENT II MODS ..................................................................................................... 1,224,683 1,224,683 

SUPPORT EQUIPMENT & FACILITIES 

02 MISSILE INDUSTRIAL FACILITIES ...................................................................... 5,553 5,553 

STRATEGIC MISSILES 

03 TOMAHAWK ................................................................................................................ 308,970 308,970 

TACTICAL MISSILES 

04 AMRAAM ...................................................................................................................... 102,683 112,683 

Program increase ................................................................................................... [10,000] 

05 SIDEWINDER .............................................................................................................. 80,226 80,226 


smartinez on DSK6TPTVN1PROD with BILLS
1183 

HR 4310 RFS

SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2013 

Request 

House Authorized 

06 JSOW ............................................................................................................................ 127,609 137,809 

Program increase ................................................................................................... [10,200] 

07 STANDARD MISSILE ................................................................................................. 399,482 399,482 

08 RAM ............................................................................................................................... 66,769 66,769 

09 HELLFIRE ................................................................................................................... 74,501 91,901 

Program increase ................................................................................................... [17,400] 

11 AERIAL TARGETS ..................................................................................................... 61,518 61,518 

12 OTHER MISSILE SUPPORT ..................................................................................... 3,585 3,585 

MODIFICATION OF MISSILES 

13 ESSM ............................................................................................................................. 58,194 58,194 

14 HARM MODS ............................................................................................................... 86,721 86,721 

SUPPORT EQUIPMENT & FACILITIES 

16 WEAPONS INDUSTRIAL FACILITIES ................................................................... 2,014 2,014 

17 FLEET SATELLITE COMM FOLLOW-ON ............................................................. 21,454 21,454 

ORDNANCE SUPPORT EQUIPMENT 

18 ORDNANCE SUPPORT EQUIPMENT ..................................................................... 54,945 54,945 

TORPEDOES AND RELATED EQUIP 

19 SSTD ............................................................................................................................. 2,700 2,700 

20 ASW TARGETS ............................................................................................................ 10,385 10,385 

MOD OF TORPEDOES AND RELATED EQUIP 

21 MK–54 TORPEDO MODS ........................................................................................... 74,487 74,487 

22 MK–48 TORPEDO ADCAP MODS ............................................................................. 54,281 54,281 

23 QUICKSTRIKE MINE ................................................................................................. 6,852 6,852

SUPPORT EQUIPMENT 

24 TORPEDO SUPPORT EQUIPMENT ........................................................................ 46,402 46,402 

25 ASW RANGE SUPPORT ............................................................................................. 11,927 11,927 

DESTINATION TRANSPORTATION 

26 FIRST DESTINATION TRANSPORTATION .......................................................... 3,614 3,614 

GUNS AND GUN MOUNTS 

27 SMALL ARMS AND WEAPONS ................................................................................ 12,594 12,594 

MODIFICATION OF GUNS AND GUN MOUNTS 

28 CIWS MODS ................................................................................................................. 59,303 59,303 

29 COAST GUARD WEAPONS ....................................................................................... 19,072 19,072 

30 GUN MOUNT MODS ................................................................................................... 54,706 54,706 

31 CRUISER MODERNIZATION WEAPONS ............................................................... 1,591 19,622 

Cruiser retention—5′′/62 Upgrade ......................................................................... [18,031] 

32 AIRBORNE MINE NEUTRALIZATION SYSTEMS ................................................ 20,607 20,607 

SPARES AND REPAIR PARTS 

34 SPARES AND REPAIR PARTS ................................................................................. 60,150 60,150 

TOTAL, WEAPONS PROCUREMENT, NAVY ................................... 3,117,578 3,173,209 

SHIPBUILDING & CONVERSION, NAVY 

OTHER WARSHIPS 

01 CARRIER REPLACEMENT PROGRAM ................................................................... 608,195 608,195 

03 VIRGINIA CLASS SUBMARINE ............................................................................... 3,217,601 3,217,601 

04 ADVANCE PROCUREMENT (CY) ........................................................................ 874,878 1,652,878 

Advance procurement ............................................................................................. [778,000] 

05 CVN REFUELING OVERHAULS .............................................................................. 1,613,392 1,613,392 

06 ADVANCE PROCUREMENT (CY) ........................................................................ 70,010 70,010 

08 DDG 1000 ..................................................................................................................... 669,222 669,222 

09 DDG–51 ......................................................................................................................... 3,048,658 3,048,658 

10 ADVANCE PROCUREMENT (CY) ........................................................................ 466,283 581,283 

Advance procurement ............................................................................................. [115,000] 

11 LITTORAL COMBAT SHIP ....................................................................................... 1,784,959 1,784,959 

AMPHIBIOUS SHIPS 

15 JOINT HIGH SPEED VESSEL ................................................................................. 189,196 189,196 

AUXILIARIES, CRAFT AND PRIOR YR PROGRAM COST 

17 ADVANCE PROCUREMENT (CY) ........................................................................ 307,300 307,300 

18 OUTFITTING ............................................................................................................... 309,648 309,648 

20 LCAC SLEP .................................................................................................................. 47,930 47,930 

21 COMPLETION OF PY SHIPBUILDING PROGRAMS ............................................ 372,573 372,573 

TOTAL, SHIPBUILDING & CONVERSION, NAVY ......................... 13,579,845 14,472,845 

PROCUREMENT OF AMMO, NAVY & MC 

NAVY AMMUNITION 

01 GENERAL PURPOSE BOMBS .................................................................................. 27,024 27,024 

02 AIRBORNE ROCKETS, ALL TYPES ........................................................................ 56,575 56,575 

03 MACHINE GUN AMMUNITION ................................................................................ 21,266 21,266 

04 PRACTICE BOMBS ..................................................................................................... 34,319 34,319 

05 CARTRIDGES & CART ACTUATED DEVICES ...................................................... 53,755 53,755 

06 AIR EXPENDABLE COUNTERMEASURES ........................................................... 61,693 61,693 

07 JATOS ........................................................................................................................... 2,776 2,776 

08 LRLAP 6′′ LONG RANGE ATTACK PROJECTILE ................................................ 7,102 7,102 

09 5 INCH/54 GUN AMMUNITION ................................................................................ 48,320 48,320 

10 INTERMEDIATE CALIBER GUN AMMUNITION ................................................. 25,544 25,544 

11 OTHER SHIP GUN AMMUNITION .......................................................................... 41,624 41,624 

12 SMALL ARMS & LANDING PARTY AMMO ............................................................ 65,893 65,893 

13 PYROTECHNIC AND DEMOLITION ....................................................................... 11,176 11,176 


smartinez on DSK6TPTVN1PROD with BILLS
1184 

HR 4310 RFS

SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2013 

Request 

House Authorized 

14 AMMUNITION LESS THAN $5 MILLION .............................................................. 4,116 4,116 

MARINE CORPS AMMUNITION 

15 SMALL ARMS AMMUNITION ................................................................................... 83,733 83,733 

16 LINEAR CHARGES, ALL TYPES ............................................................................. 24,645 24,645 

17 40MM, ALL TYPES ..................................................................................................... 16,201 16,201 

19 81MM, ALL TYPES ..................................................................................................... 13,711 3,711 

Excess to need ........................................................................................................ [–10,000]

20 120MM, ALL TYPES ................................................................................................... 12,557 12,557 

22 GRENADES, ALL TYPES .......................................................................................... 7,634 7,134 

Excess to need ........................................................................................................ [–500] 

23 ROCKETS, ALL TYPES ............................................................................................. 27,528 27,528

24 ARTILLERY, ALL TYPES ......................................................................................... 93,065 93,065 

25 DEMOLITION MUNITIONS, ALL TYPES ............................................................... 2,047 0 

Excess to need ........................................................................................................ [–2,047] 

26 FUZE, ALL TYPES ..................................................................................................... 5,297 5,297 

27 NON LETHALS ........................................................................................................... 1,362 1,362 

28 AMMO MODERNIZATION ......................................................................................... 4,566 4,566 

29 ITEMS LESS THAN $5 MILLION ............................................................................ 6,010 6,010 

TOTAL, PROCUREMENT OF AMMO, NAVY & MC ....................... 759,539 746,992 

OTHER PROCUREMENT, NAVY 

SHIP PROPULSION EQUIPMENT 

01 LM–2500 GAS TURBINE ........................................................................................... 10,658 10,658 

02 ALLISON 501K GAS TURBINE ................................................................................ 8,469 8,469 

NAVIGATION EQUIPMENT 

03 OTHER NAVIGATION EQUIPMENT ....................................................................... 23,392 23,392 

PERISCOPES 

04 SUB PERISCOPES & IMAGING EQUIP .................................................................. 53,809 53,809 

OTHER SHIPBOARD EQUIPMENT 

05 DDG MOD .................................................................................................................... 452,371 452,371 

06 FIREFIGHTING EQUIPMENT ................................................................................. 16,958 16,958 

07 COMMAND AND CONTROL SWITCHBOARD ........................................................ 2,492 2,492 

08 POLLUTION CONTROL EQUIPMENT .................................................................... 20,707 20,707 

09 SUBMARINE SUPPORT EQUIPMENT .................................................................... 12,046 12,046 

10 VIRGINIA CLASS SUPPORT EQUIPMENT ............................................................ 79,870 79,870 

11 LCS CLASS SUPPORT EQUIPMENT ...................................................................... 19,865 19,865 

12 SUBMARINE BATTERIES ........................................................................................ 41,522 41,522 

13 LPD CLASS SUPPORT EQUIPMENT ...................................................................... 30,543 30,543 

14 STRATEGIC PLATFORM SUPPORT EQUIP .......................................................... 16,257 16,257 

15 DSSP EQUIPMENT .................................................................................................... 3,630 3,630 

16 CG MODERNIZATION ............................................................................................... 101,000 184,972 

Cruiser retention .................................................................................................... [83,972] 

17 LCAC ............................................................................................................................. 16,645 16,645 

18 UNDERWATER EOD PROGRAMS ........................................................................... 35,446 35,446 

19 ITEMS LESS THAN $5 MILLION ............................................................................ 65,998 65,998 

20 CHEMICAL WARFARE DETECTORS ..................................................................... 4,359 4,359 

21 SUBMARINE LIFE SUPPORT SYSTEM ................................................................. 10,218 10,218 

REACTOR PLANT EQUIPMENT 

22 REACTOR POWER UNITS ........................................................................................ 286,859 286,859 

23 REACTOR COMPONENTS ......................................................................................... 278,503 278,503 

OCEAN ENGINEERING 

24 DIVING AND SALVAGE EQUIPMENT .................................................................... 8,998 8,998 

SMALL BOATS 

25 STANDARD BOATS .................................................................................................... 30,131 30,131 

TRAINING EQUIPMENT 

26 OTHER SHIPS TRAINING EQUIPMENT ............................................................... 29,772 29,772 

PRODUCTION FACILITIES EQUIPMENT 

27 OPERATING FORCES IPE ........................................................................................ 64,346 64,346 

OTHER SHIP SUPPORT 

28 NUCLEAR ALTERATIONS ........................................................................................ 154,652 154,652 

29 LCS COMMON MISSION MODULES EQUIPMENT .............................................. 31,319 31,319 

30 LCS MCM MISSION MODULES ................................................................................ 38,392 38,392 

31 LCS SUW MISSION MODULES ................................................................................ 32,897 32,897 

LOGISTIC SUPPORT 

32 LSD MIDLIFE ............................................................................................................. 49,758 49,758 

SHIP SONARS 

34 SPQ–9B RADAR .......................................................................................................... 19,777 19,777 

35 AN/SQQ–89 SURF ASW COMBAT SYSTEM ............................................................ 89,201 89,201 

36 SSN ACOUSTICS ......................................................................................................... 190,874 190,874 

37 UNDERSEA WARFARE SUPPORT EQUIPMENT ................................................. 17,035 17,035 

38 SONAR SWITCHES AND TRANSDUCERS ............................................................. 13,410 13,410 

ASW ELECTRONIC EQUIPMENT 

40 SUBMARINE ACOUSTIC WARFARE SYSTEM ...................................................... 21,489 21,489 

41 SSTD ............................................................................................................................. 10,716 10,716 

42 FIXED SURVEILLANCE SYSTEM .......................................................................... 98,896 98,896 

43 SURTASS ...................................................................................................................... 2,774 2,774 

44 MARITIME PATROL AND RECONNAISSANCE FORCE ...................................... 18,428 18,428 

ELECTRONIC WARFARE EQUIPMENT 


smartinez on DSK6TPTVN1PROD with BILLS
1185 

HR 4310 RFS

SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2013 

Request 

House Authorized 

45 AN/SLQ–32 ................................................................................................................... 92,270 92,270 

RECONNAISSANCE EQUIPMENT 

46 SHIPBOARD IW EXPLOIT ........................................................................................ 107,060 108,185 

Cruiser Retention ................................................................................................... [1,125] 

47 AUTOMATED IDENTIFICATION SYSTEM (AIS) ................................................. 914 914 

SUBMARINE SURVEILLANCE EQUIPMENT 

48 SUBMARINE SUPPORT EQUIPMENT PROG ........................................................ 34,050 34,050 

OTHER SHIP ELECTRONIC EQUIPMENT 

49 COOPERATIVE ENGAGEMENT CAPABILITY ...................................................... 27,881 27,881 

50 TRUSTED INFORMATION SYSTEM (TIS) ............................................................ 448 448 

51 NAVAL TACTICAL COMMAND SUPPORT SYSTEM (NTCSS) ............................ 35,732 35,732 

53 NAVY COMMAND AND CONTROL SYSTEM (NCCS) ........................................... 9,533 9,533 

54 MINESWEEPING SYSTEM REPLACEMENT ......................................................... 60,111 60,111 

55 SHALLOW WATER MCM ........................................................................................... 6,950 6,950 

56 NAVSTAR GPS RECEIVERS (SPACE) .................................................................... 9,089 9,089 

57 AMERICAN FORCES RADIO AND TV SERVICE .................................................. 7,768 7,768 

58 STRATEGIC PLATFORM SUPPORT EQUIP .......................................................... 3,614 3,614 

TRAINING EQUIPMENT 

59 OTHER TRAINING EQUIPMENT ............................................................................ 42,911 42,911 

AVIATION ELECTRONIC EQUIPMENT 

60 MATCALS ..................................................................................................................... 5,861 5,861 

61 SHIPBOARD AIR TRAFFIC CONTROL .................................................................. 8,362 8,362 

62 AUTOMATIC CARRIER LANDING SYSTEM .......................................................... 15,685 15,685 

63 NATIONAL AIR SPACE SYSTEM ............................................................................ 16,919 16,919 

64 FLEET AIR TRAFFIC CONTROL SYSTEMS ......................................................... 6,828 6,828 

65 LANDING SYSTEMS .................................................................................................. 7,646 7,646

66 ID SYSTEMS ................................................................................................................ 35,474 35,474 

67 NAVAL MISSION PLANNING SYSTEMS ................................................................ 9,958 9,958 

OTHER SHORE ELECTRONIC EQUIPMENT 

68 DEPLOYABLE JOINT COMMAND AND CONT ..................................................... 9,064 9,064 

69 MARITIME INTEGRATED BROADCAST SYSTEM ............................................... 16,026 16,026 

70 TACTICAL/MOBILE C4I SYSTEMS ......................................................................... 11,886 11,886 

71 DCGS-N ......................................................................................................................... 11,887 11,887 

72 CANES .......................................................................................................................... 341,398 344,848 

Cruiser Retention ................................................................................................... [3,450] 

73 RADIAC ........................................................................................................................ 8,083 8,083 

74 CANES-INTELL .......................................................................................................... 79,427 79,427 

75 GPETE .......................................................................................................................... 6,083 6,083 

76 INTEG COMBAT SYSTEM TEST FACILITY .......................................................... 4,495 4,495 

77 EMI CONTROL INSTRUMENTATION .................................................................... 4,767 4,767 

78 ITEMS LESS THAN $5 MILLION ............................................................................ 81,755 81,755 

SHIPBOARD COMMUNICATIONS 

80 SHIP COMMUNICATIONS AUTOMATION ............................................................. 56,870 58,023 

Cruiser Retention ................................................................................................... [1,153] 

81 MARITIME DOMAIN AWARENESS (MDA) ............................................................ 1,063 1,063 

82 COMMUNICATIONS ITEMS UNDER $5M .............................................................. 28,522 28,522 

SUBMARINE COMMUNICATIONS 

83 SUBMARINE BROADCAST SUPPORT .................................................................... 4,183 4,183 

84 SUBMARINE COMMUNICATION EQUIPMENT .................................................... 69,025 69,025 

SATELLITE COMMUNICATIONS 

85 SATELLITE COMMUNICATIONS SYSTEMS ......................................................... 49,294 49,294 

86 NAVY MULTIBAND TERMINAL (NMT) ................................................................. 184,825 186,540 

Cruiser Retention ................................................................................................... [1,715] 

SHORE COMMUNICATIONS 

87 JCS COMMUNICATIONS EQUIPMENT .................................................................. 2,180 2,180 

88 ELECTRICAL POWER SYSTEMS ............................................................................ 1,354 1,354 

CRYPTOGRAPHIC EQUIPMENT 

90 INFO SYSTEMS SECURITY PROGRAM (ISSP) ..................................................... 144,104 144,104 

CRYPTOLOGIC EQUIPMENT 

91 CRYPTOLOGIC COMMUNICATIONS EQUIP ......................................................... 12,604 12,604 

OTHER ELECTRONIC SUPPORT 

92 COAST GUARD EQUIPMENT ................................................................................... 6,680 6,680 

SONOBUOYS 

95 SONOBUOYS—ALL TYPES ...................................................................................... 104,677 104,677 

AIRCRAFT SUPPORT EQUIPMENT 

96 WEAPONS RANGE SUPPORT EQUIPMENT ......................................................... 70,753 70,753 

97 EXPEDITIONARY AIRFIELDS ................................................................................ 8,678 8,678 

98 AIRCRAFT REARMING EQUIPMENT ..................................................................... 11,349 11,349 

99 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 


smartinez on DSK6TPTVN1PROD with BILLS
1186 

HR 4310 RFS

SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2013 

Request 

House Authorized 

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 

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 

ASW SUPPORT EQUIPMENT 

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 42,981 

Cruiser Retention ................................................................................................... [1,238] 

Program increase for NULKA decoys ................................................................... [10,000] 

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 6,272,031 

PROCUREMENT, MARINE CORPS 

TRACKED COMBAT VEHICLES 

01 AAV7A1 PIP ................................................................................................................. 16,089 16,089 

02 LAV PIP ........................................................................................................................ 186,216 45,316 

Budget adjustment per USMC .............................................................................. [–140,900] 

ARTILLERY AND OTHER WEAPONS 

03 EXPEDITIONARY FIRE SUPPORT SYSTEM ........................................................ 2,502 2,502 

04 155MM LIGHTWEIGHT TOWED HOWITZER ....................................................... 17,913 17,913 

05 HIGH MOBILITY ARTILLERY ROCKET SYSTEM ............................................... 47,999 47,999 

06 WEAPONS AND COMBAT VEHICLES UNDER $5 MILLION ............................. 17,706 17,706 

OTHER SUPPORT 

07 MODIFICATION KITS ................................................................................................ 48,040 48,040 

08 WEAPONS ENHANCEMENT PROGRAM ................................................................ 4,537 4,537 

GUIDED MISSILES 

09 GROUND BASED AIR DEFENSE ............................................................................ 11,054 11,054 

11 FOLLOW ON TO SMAW ............................................................................................ 19,650 19,650 

12 ANTI-ARMOR WEAPONS SYSTEM-HEAVY (AAWS-H) ........................................ 20,708 20,708 

COMMAND AND CONTROL SYSTEMS 

14 UNIT OPERATIONS CENTER .................................................................................. 1,420 1,420 


smartinez on DSK6TPTVN1PROD with BILLS
1187 

HR 4310 RFS

SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2013 

Request 

House Authorized 

REPAIR AND TEST EQUIPMENT 

15 REPAIR AND TEST EQUIPMENT ........................................................................... 25,127 25,127 

OTHER SUPPORT (TEL) 

16 COMBAT SUPPORT SYSTEM ................................................................................... 25,822 25,822 

17 MODIFICATION KITS ................................................................................................ 2,831 2,831

COMMAND AND CONTROL SYSTEM (NON-TEL) 

18 ITEMS UNDER $5 MILLION (COMM & ELEC) ..................................................... 5,498 5,498 

19 AIR OPERATIONS C2 SYSTEMS ............................................................................. 11,290 11,290 

RADAR + EQUIPMENT (NON-TEL) 

20 RADAR SYSTEMS ....................................................................................................... 128,079 128,079 

21 RQ–21 UAS ................................................................................................................... 27,619 27,619 

INTELL/COMM EQUIPMENT (NON-TEL) 

22 FIRE SUPPORT SYSTEM ......................................................................................... 7,319 7,319 

23 INTELLIGENCE SUPPORT EQUIPMENT ............................................................. 7,466 7,466 

25 RQ–11 UAV .................................................................................................................. 2,318 2,318 

26 DCGS-MC ...................................................................................................................... 18,291 18,291 

OTHER COMM/ELEC EQUIPMENT (NON-TEL) 

29 NIGHT VISION EQUIPMENT ................................................................................... 48,084 48,084 

OTHER SUPPORT (NON-TEL) 

30 COMMON COMPUTER RESOURCES ...................................................................... 206,708 206,708 

31 COMMAND POST SYSTEMS ..................................................................................... 35,190 35,190 

32 RADIO SYSTEMS ........................................................................................................ 89,059 89,059 

33 COMM SWITCHING & CONTROL SYSTEMS ......................................................... 22,500 22,500 

34 COMM & ELEC INFRASTRUCTURE SUPPORT .................................................... 42,625 42,625 

CLASSIFIED PROGRAMS 

035A CLASSIFIED PROGRAMS ......................................................................................... 2,290 2,290 

ADMINISTRATIVE VEHICLES 

35 COMMERCIAL PASSENGER VEHICLES ................................................................ 2,877 2,877 

36 COMMERCIAL CARGO VEHICLES .......................................................................... 13,960 13,960 

TACTICAL VEHICLES 

37 5/4T TRUCK HMMWV (MYP) .................................................................................... 8,052 8,052 

38 MOTOR TRANSPORT MODIFICATIONS ................................................................ 50,269 50,269 

40 LOGISTICS VEHICLE SYSTEM REP ...................................................................... 37,262 37,262 

41 FAMILY OF TACTICAL TRAILERS ........................................................................ 48,160 48,160 

OTHER SUPPORT 

43 ITEMS LESS THAN $5 MILLION ............................................................................ 6,705 6,705 

ENGINEER AND OTHER EQUIPMENT 

44 ENVIRONMENTAL CONTROL EQUIP ASSORT ................................................... 13,576 13,576 

45 BULK LIQUID EQUIPMENT .................................................................................... 16,869 16,869 

46 TACTICAL FUEL SYSTEMS ..................................................................................... 19,108 19,108 

47 POWER EQUIPMENT ASSORTED .......................................................................... 56,253 56,253 

48 AMPHIBIOUS SUPPORT EQUIPMENT .................................................................. 13,089 13,089 

49 EOD SYSTEMS ............................................................................................................ 73,699 73,699 

MATERIALS HANDLING EQUIPMENT 

50 PHYSICAL SECURITY EQUIPMENT ...................................................................... 3,510 3,510 

51 GARRISON MOBILE ENGINEER EQUIPMENT (GMEE) .................................... 11,490 11,490 

52 MATERIAL HANDLING EQUIP ............................................................................... 20,659 20,659 

53 FIRST DESTINATION TRANSPORTATION .......................................................... 132 132 

GENERAL PROPERTY 

54 FIELD MEDICAL EQUIPMENT ............................................................................... 31,068 31,068 

55 TRAINING DEVICES ................................................................................................. 45,895 45,895 

56 CONTAINER FAMILY ................................................................................................ 5,801 5,801 

57 FAMILY OF CONSTRUCTION EQUIPMENT ......................................................... 23,939 23,939 

60 RAPID DEPLOYABLE KITCHEN ............................................................................ 8,365 8,365 

OTHER SUPPORT 

61 ITEMS LESS THAN $5 MILLION ............................................................................ 7,077 7,077 

SPARES AND REPAIR PARTS 

62 SPARES AND REPAIR PARTS ................................................................................. 3,190 3,190 

TOTAL, PROCUREMENT, MARINE CORPS .................................... 1,622,955 1,482,055 

AIRCRAFT PROCUREMENT, AIR FORCE 

TACTICAL FORCES 

01 F–35 .............................................................................................................................. 3,124,302 3,124,302 

02 ADVANCE PROCUREMENT (CY) ........................................................................ 293,400 229,400 

Excess advance procurement ................................................................................. [–64,000] 

OTHER AIRLIFT 

05 C–130J .......................................................................................................................... 68,373 68,373 

07 HC–130J ....................................................................................................................... 152,212 152,212 

09 MC–130J ....................................................................................................................... 374,866 374,866 

12 C–27J ............................................................................................................................ 115,000 

C–27J buy-back ..................................................................................................... [115,000] 

HELICOPTERS 

15 HH–60 LOSS REPLACEMENT/RECAP ................................................................... 60,596 60,596 

17 CV–22 (MYP) ................................................................................................................ 294,220 294,220 

18 ADVANCE PROCUREMENT (CY) ........................................................................ 15,000 15,000 

MISSION SUPPORT AIRCRAFT 

19 CIVIL AIR PATROL A/C ............................................................................................ 2,498 2,498 

OTHER AIRCRAFT 


smartinez on DSK6TPTVN1PROD with BILLS
1188 

HR 4310 RFS

SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2013 

Request 

House Authorized 

24 TARGET DRONES ...................................................................................................... 129,866 129,866 

26 RQ–4 .............................................................................................................................. 75,000 180,200 

Sustain current force structure ............................................................................. [105,200] 

28 AC–130J ........................................................................................................................ 163,970 163,970 

30 MQ–9 ............................................................................................................................. 553,530 712,430 

Additional aircraft .................................................................................................. [158,900] 

31 RQ–4 BLOCK 40 PROC .............................................................................................. 11,654 11,654 

STRATEGIC AIRCRAFT 

32 B–2A .............................................................................................................................. 82,296 82,296 

33 B–1B .............................................................................................................................. 149,756 149,756 

34 B–52 .............................................................................................................................. 9,781 9,781 

35 LARGE AIRCRAFT INFRARED COUNTERMEASURES ...................................... 28,800 28,800 

TACTICAL AIRCRAFT 

36 A–10 .............................................................................................................................. 89,919 89,919 

37 F–15 .............................................................................................................................. 148,378 148,378 

38 F–16 .............................................................................................................................. 6,896 6,896 

39 F–22A ............................................................................................................................ 283,871 283,871 

40 F–35 MODIFICATIONS .............................................................................................. 147,995 147,995 

AIRLIFT AIRCRAFT 

41 C–5 ................................................................................................................................. 6,967 6,967 

43 C–5M ............................................................................................................................. 944,819 944,819 

44 ADVANCE PROCUREMENT (CY) ........................................................................ 175,800 175,800 

46 C–17A ............................................................................................................................ 205,079 205,079 

47 C–21 ............................................................................................................................... 199 199 

48 C–32A ............................................................................................................................ 1,750 1,750 

49 C–37A ............................................................................................................................ 445 445 

TRAINER AIRCRAFT 

51 GLIDER MODS ............................................................................................................ 126 126 

52 T–6 ................................................................................................................................ 15,494 15,494 

53 T–1 ................................................................................................................................ 272 272 

54 T–38 .............................................................................................................................. 20,455 20,455 

OTHER AIRCRAFT 

56 U–2 MODS .................................................................................................................... 44,477 44,477 

57 KC–10A (ATCA) ........................................................................................................... 46,921 46,921 

58 C–12 ............................................................................................................................... 1,876 1,876 

59 MC–12W ........................................................................................................................ 17,054 17,054 

60 C–20 MODS .................................................................................................................. 243 243 

61 VC–25A MOD ............................................................................................................... 11,185 11,185 

62 C–40 ............................................................................................................................... 243 243 

63 C–130 ............................................................................................................................. 67,853 67,853 

65 C–130J MODS .............................................................................................................. 70,555 70,555 

66 C–135 ............................................................................................................................. 46,707 46,707 

67 COMPASS CALL MODS ............................................................................................. 50,024 50,024 

68 RC–135 .......................................................................................................................... 165,237 165,237 

69 E–3 ................................................................................................................................ 193,099 193,099 

70 E–4 ................................................................................................................................ 47,616 47,616 

71 E–8 ................................................................................................................................ 59,320 59,320 

72 H–1 ................................................................................................................................ 5,449 5,449 

73 H–60 .............................................................................................................................. 26,227 26,227 

74 RQ–4 MODS ................................................................................................................. 9,257 9,257 

75 HC/MC–130 MODIFICATIONS .................................................................................. 22,326 22,326 

76 OTHER AIRCRAFT ..................................................................................................... 18,832 18,832 

77 MQ–1 MODS ................................................................................................................. 30,861 30,861 

78 MQ–9 MODS ................................................................................................................. 238,360 238,360 

79 MQ–9 UAS PAYLOADS .............................................................................................. 93,461 93,461

80 CV–22 MODS ................................................................................................................ 23,881 23,881 

AIRCRAFT SPARES AND REPAIR PARTS 

81 INITIAL SPARES/REPAIR PARTS .......................................................................... 729,691 728,291 

Premature request for deployment spares packages for F–35 .............................. [–23,000] 

Support additional MQ–9 aircraft ......................................................................... [21,600] 

COMMON SUPPORT EQUIPMENT 

82 AIRCRAFT REPLACEMENT SUPPORT EQUIP .................................................... 56,542 56,542 

POST PRODUCTION SUPPORT 

83 A–10 .............................................................................................................................. 5,100 5,100 

84 B–1 ................................................................................................................................ 965 965 

86 B–2A .............................................................................................................................. 47,580 47,580 

88 KC–10A (ATCA) ........................................................................................................... 13,100 13,100 

89 C–17A ............................................................................................................................ 181,703 181,703 

90 C–130 ............................................................................................................................. 31,830 31,830 

91 C–135 ............................................................................................................................. 13,434 13,434 

92 F–15 .............................................................................................................................. 2,363 2,363 

93 F–16 .............................................................................................................................. 8,506 8,506 

96 OTHER AIRCRAFT ..................................................................................................... 9,522 9,522 

INDUSTRIAL PREPAREDNESS 

97 INDUSTRIAL RESPONSIVENESS ........................................................................... 20,731 20,731 

WAR CONSUMABLES 

98 WAR CONSUMABLES ................................................................................................ 89,727 89,727

OTHER PRODUCTION CHARGES 


smartinez on DSK6TPTVN1PROD with BILLS
1189 

HR 4310 RFS

SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2013 

Request 

House Authorized 

99 OTHER PRODUCTION CHARGES ........................................................................... 842,392 842,392 

CLASSIFIED PROGRAMS 

103A CLASSIFIED PROGRAMS ......................................................................................... 20,164 20,164 

TOTAL, AIRCRAFT PROCUREMENT, AIR FORCE ...................... 11,002,999 11,316,699 

PROCUREMENT OF AMMUNITION, AIR FORCE 

ROCKETS 

01 ROCKETS ..................................................................................................................... 8,927 8,927 

CARTRIDGES 

02 CARTRIDGES .............................................................................................................. 118,075 118,075 

BOMBS 

03 PRACTICE BOMBS ..................................................................................................... 32,393 32,393 

04 GENERAL PURPOSE BOMBS .................................................................................. 163,467 163,467 

05 JOINT DIRECT ATTACK MUNITION ..................................................................... 101,921 101,921 

FLARE, IR MJU–7B 

06 CAD/PAD ...................................................................................................................... 43,829 43,829 

07 EXPLOSIVE ORDNANCE DISPOSAL (EOD) ......................................................... 7,515 7,515 

08 SPARES AND REPAIR PARTS ................................................................................. 1,003 1,003 

09 MODIFICATIONS ........................................................................................................ 5,321 5,321 

10 ITEMS LESS THAN $5 MILLION ............................................................................ 5,066 5,066 

FUZES 

11 FLARES ........................................................................................................................ 46,010 46,010 

12 FUZES .......................................................................................................................... 36,444 36,444 

SMALL ARMS 

13 SMALL ARMS .............................................................................................................. 29,223 29,223 

TOTAL, PROCUREMENT OF AMMUNITION, AIR FORCE ....... 599,194 599,194 

MISSILE PROCUREMENT, AIR FORCE 

MISSILE REPLACEMENT EQUIPMENT—BALLISTIC 

01 MISSILE REPLACEMENT EQ-BALLISTIC ............................................................ 56,906 56,906 

TACTICAL 

02 JASSM ........................................................................................................................... 240,399 240,399 

03 SIDEWINDER (AIM–9X) ............................................................................................ 88,020 88,020

04 AMRAAM ...................................................................................................................... 229,637 244,637 

Program increase ................................................................................................... [15,000] 

05 PREDATOR HELLFIRE MISSILE ........................................................................... 47,675 47,675 

06 SMALL DIAMETER BOMB ....................................................................................... 42,000 42,000 

INDUSTRIAL FACILITIES 

07 INDUSTR’L PREPAREDNS/POL PREVENTION ................................................... 744 744 

CLASS IV 

09 MM III MODIFICATIONS .......................................................................................... 54,794 54,794 

10 AGM–65D MAVERICK ................................................................................................ 271 271 

11 AGM–88A HARM ......................................................................................................... 23,240 23,240 

12 AIR LAUNCH CRUISE MISSILE (ALCM) ............................................................... 13,620 13,620 

13 SMALL DIAMETER BOMB ....................................................................................... 5,000 5,000 

MISSILE SPARES AND REPAIR PARTS 

14 INITIAL SPARES/REPAIR PARTS .......................................................................... 74,373 74,373 

SPACE PROGRAMS 

15 ADVANCED EHF ........................................................................................................ 557,205 557,205 

17 WIDEBAND GAPFILLER SATELLITES(SPACE) ................................................. 36,835 36,835 

19 GPS III SPACE SEGMENT ........................................................................................ 410,294 410,294

20 ADVANCE PROCUREMENT (CY) ........................................................................ 82,616 82,616 

21 SPACEBORNE EQUIP (COMSEC) ............................................................................ 10,554 10,554 

22 GLOBAL POSITIONING (SPACE) ............................................................................ 58,147 58,147 

23 DEF METEOROLOGICAL SAT PROG(SPACE) ...................................................... 89,022 89,022 

24 EVOLVED EXPENDABLE LAUNCH VEH(SPACE) .............................................. 1,679,856 1,679,856 

25 SBIR HIGH (SPACE) .................................................................................................. 454,251 454,251 

SPECIAL PROGRAMS 

30 SPECIAL UPDATE PROGRAMS ............................................................................... 138,904 138,904 

CLASSIFIED PROGRAMS 

030A CLASSIFIED PROGRAMS ......................................................................................... 1,097,483 1,097,483 

TOTAL, MISSILE PROCUREMENT, AIR FORCE .......................... 5,491,846 5,506,846 

OTHER PROCUREMENT, AIR FORCE 

PASSENGER CARRYING VEHICLES 

01 PASSENGER CARRYING VEHICLES ...................................................................... 1,905 1,905 

CARGO AND UTILITY VEHICLES 

02 MEDIUM TACTICAL VEHICLE ............................................................................... 18,547 18,547 

03 CAP VEHICLES .......................................................................................................... 932 932 

04 ITEMS LESS THAN $5 MILLION ............................................................................ 1,699 1,699 

SPECIAL PURPOSE VEHICLES 

05 SECURITY AND TACTICAL VEHICLES ................................................................ 10,850 10,850 

06 ITEMS LESS THAN $5 MILLION ............................................................................ 9,246 9,246 

FIRE FIGHTING EQUIPMENT 

07 FIRE FIGHTING/CRASH RESCUE VEHICLES ..................................................... 23,148 23,148 

MATERIALS HANDLING EQUIPMENT 

08 ITEMS LESS THAN $5 MILLION ............................................................................ 18,323 18,323 

BASE MAINTENANCE SUPPORT 


smartinez on DSK6TPTVN1PROD with BILLS
1190 

HR 4310 RFS

SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2013 

Request 

House Authorized 

09 RUNWAY SNOW REMOV AND CLEANING EQU .................................................. 1,685 1,685 

10 ITEMS LESS THAN $5 MILLION ............................................................................ 17,014 17,014 

COMM SECURITY EQUIPMENT(COMSEC) 

12 COMSEC EQUIPMENT .............................................................................................. 166,559 166,559 

13 MODIFICATIONS (COMSEC) .................................................................................... 1,133 1,133 

INTELLIGENCE PROGRAMS 

14 INTELLIGENCE TRAINING EQUIPMENT ............................................................ 2,749 2,749 

15 INTELLIGENCE COMM EQUIPMENT .................................................................... 32,876 32,876 

16 ADVANCE TECH SENSORS ..................................................................................... 877 877 

17 MISSION PLANNING SYSTEMS .............................................................................. 15,295 15,295 

ELECTRONICS PROGRAMS 

18 AIR TRAFFIC CONTROL & LANDING SYS ........................................................... 21,984 21,984 

19 NATIONAL AIRSPACE SYSTEM .............................................................................. 30,698 30,698 

20 BATTLE CONTROL SYSTEM—FIXED ................................................................... 17,368 17,368 

21 THEATER AIR CONTROL SYS IMPROVEMENTS ................................................ 23,483 23,483 

22 WEATHER OBSERVATION FORECAST ................................................................. 17,864 17,864 

23 STRATEGIC COMMAND AND CONTROL ............................................................... 53,995 53,995 

24 CHEYENNE MOUNTAIN COMPLEX ....................................................................... 14,578 14,578 

25 TAC SIGINT SPT ........................................................................................................ 208 208 

SPCL COMM-ELECTRONICS PROJECTS 

27 GENERAL INFORMATION TECHNOLOGY ........................................................... 69,743 69,743 

28 AF GLOBAL COMMAND & CONTROL SYS ............................................................ 15,829 15,829 

29 MOBILITY COMMAND AND CONTROL ................................................................. 11,023 11,023 

30 AIR FORCE PHYSICAL SECURITY SYSTEM ........................................................ 64,521 64,521 

31 COMBAT TRAINING RANGES ................................................................................. 18,217 18,217 

32 C3 COUNTERMEASURES ......................................................................................... 11,899 11,899 

33 GCSS-AF FOS .............................................................................................................. 13,920 13,920 

34 THEATER BATTLE MGT C2 SYSTEM ................................................................... 9,365 9,365 

35 AIR & SPACE OPERATIONS CTR-WPN SYS ......................................................... 33,907 33,907 

AIR FORCE COMMUNICATIONS 

36 INFORMATION TRANSPORT SYSTEMS ................................................................ 52,464 52,464 

38 AFNET .......................................................................................................................... 125,788 125,788 

39 VOICE SYSTEMS ........................................................................................................ 16,811 16,811 

40 USCENTCOM ............................................................................................................... 32,138 32,138 

DISA PROGRAMS 

41 SPACE BASED IR SENSOR PGM SPACE ............................................................... 47,135 47,135 

42 NAVSTAR GPS SPACE ............................................................................................... 2,031 2,031 

43 NUDET DETECTION SYS SPACE ........................................................................... 5,564 5,564 

44 AF SATELLITE CONTROL NETWORK SPACE .................................................... 44,219 44,219 

45 SPACELIFT RANGE SYSTEM SPACE .................................................................... 109,545 109,545 

46 MILSATCOM SPACE .................................................................................................. 47,592 47,592 

47 SPACE MODS SPACE ................................................................................................ 47,121 47,121 

48 COUNTERSPACE SYSTEM ....................................................................................... 20,961 20,961 

ORGANIZATION AND BASE 

49 TACTICAL C-E EQUIPMENT ................................................................................... 126,131 126,131 

50 COMBAT SURVIVOR EVADER LOCATER ............................................................. 23,707 23,707 

51 RADIO EQUIPMENT .................................................................................................. 12,757 12,757 

52 CCTV/AUDIOVISUAL EQUIPMENT ........................................................................ 10,716 10,716 

53 BASE COMM INFRASTRUCTURE ........................................................................... 74,528 74,528 

MODIFICATIONS 

54 COMM ELECT MODS ................................................................................................. 43,507 43,507 

PERSONAL SAFETY & RESCUE EQUIP 

55 NIGHT VISION GOGGLES ........................................................................................ 22,693 22,693 

56 ITEMS LESS THAN $5 MILLION ............................................................................ 30,887 30,887 

DEPOT PLANT+MTRLS HANDLING EQ 

57 MECHANIZED MATERIAL HANDLING EQUIP ................................................... 2,850 2,850 

BASE SUPPORT EQUIPMENT 

58 BASE PROCURED EQUIPMENT ............................................................................. 8,387 8,387 

59 CONTINGENCY OPERATIONS ................................................................................. 10,358 10,358 

60 PRODUCTIVITY CAPITAL INVESTMENT ............................................................. 3,473 3,473 

62 MOBILITY EQUIPMENT ........................................................................................... 14,471 14,471 

63 ITEMS LESS THAN $5 MILLION ............................................................................ 1,894 1,894 

SPECIAL SUPPORT PROJECTS 

65 DARP RC135 ................................................................................................................ 24,176 24,176 

66 DCGS-AF ...................................................................................................................... 142,928 142,928 

68 SPECIAL UPDATE PROGRAM ................................................................................. 479,446 479,446 

69 DEFENSE SPACE RECONNAISSANCE PROG. ..................................................... 39,155 39,155 

CLASSIFIED PROGRAMS 

069A CLASSIFIED PROGRAMS ......................................................................................... 14,331,312 14,331,312 

SPARES AND REPAIR PARTS 

71 SPARES AND REPAIR PARTS ................................................................................. 14,663 14,663 

TOTAL, OTHER PROCUREMENT, AIR FORCE ............................. 16,720,848 16,720,848 

PROCUREMENT, DEFENSE-WIDE 

MAJOR EQUIPMENT, OSD 

42 MAJOR EQUIPMENT, OSD ....................................................................................... 45,938 45,938 

43 MAJOR EQUIPMENT, INTELLIGENCE ................................................................. 17,582 17,582 

MAJOR EQUIPMENT, NSA 


smartinez on DSK6TPTVN1PROD with BILLS
1191 

HR 4310 RFS

SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2013 

Request 

House Authorized 

41 INFORMATION SYSTEMS SECURITY PROGRAM (ISSP) ................................... 6,770 6,770 

MAJOR EQUIPMENT, WHS 

45 MAJOR EQUIPMENT, WHS ...................................................................................... 26,550 26,550 

MAJOR EQUIPMENT, DISA 

12 INFORMATION SYSTEMS SECURITY .................................................................... 12,708 12,708 

14 GLOBAL COMBAT SUPPORT SYSTEM .................................................................. 3,002 3,002 

15 TELEPORT PROGRAM .............................................................................................. 46,992 46,992 

16 ITEMS LESS THAN $5 MILLION ............................................................................ 108,462 108,462 

17 NET CENTRIC ENTERPRISE SERVICES (NCES) ............................................... 2,865 2,865 

18 DEFENSE INFORMATION SYSTEM NETWORK .................................................. 116,906 116,906 

19 PUBLIC KEY INFRASTRUCTURE .......................................................................... 1,827 1,827 

21 CYBER SECURITY INITIATIVE .............................................................................. 10,319 10,319 

MAJOR EQUIPMENT, DLA 

22 MAJOR EQUIPMENT ................................................................................................. 9,575 9,575 

MAJOR EQUIPMENT, DSS 

26 MAJOR EQUIPMENT ................................................................................................. 2,522 2,522 

MAJOR EQUIPMENT, DCAA 

02 ITEMS LESS THAN $5 MILLION ............................................................................ 1,486 1,486 

MAJOR EQUIPMENT, TJS 

44 MAJOR EQUIPMENT, TJS ........................................................................................ 21,878 21,878 

MAJOR EQUIPMENT, MISSILE DEFENSE AGENCY 

30 THAAD ......................................................................................................................... 460,728 587,728 

Procure 12 additional interceptors ........................................................................ [127,000] 

31 AEGIS BMD ................................................................................................................. 389,626 389,626 

32 BMDS AN/TPY–2 RADARS ........................................................................................ 217,244 387,244 

Procure additional AN/TPY–2 radar .................................................................... [170,000] 

33 RADAR SPARES .......................................................................................................... 10,177 10,177 

MAJOR EQUIPMENT, DHRA 

05 PERSONNEL ADMINISTRATION ............................................................................ 6,147 6,147 

MAJOR EQUIPMENT, DEFENSE THREAT REDUCTION AGENCY 

27 VEHICLES ................................................................................................................... 50 50 

28 OTHER MAJOR EQUIPMENT .................................................................................. 13,096 13,096 

MAJOR EQUIPMENT, DODEA 

24 AUTOMATION/EDUCATIONAL SUPPORT & LOGISTICS ................................... 1,458 1,458 

MAJOR EQUIPMENT, DCMA 

03 MAJOR EQUIPMENT ................................................................................................. 2,129 2,129 

MAJOR EQUIPMENT, DMACT 

23 MAJOR EQUIPMENT ................................................................................................. 15,179 15,179 

CLASSIFIED PROGRAMS 

045A CLASSIFIED PROGRAMS ......................................................................................... 555,787 555,787 

AVIATION PROGRAMS 

46 ROTARY WING UPGRADES AND SUSTAINMENT .............................................. 74,832 74,832 

48 MH–60 MODERNIZATION PROGRAM .................................................................... 126,780 126,780 

49 NON-STANDARD AVIATION .................................................................................... 99,776 36,976 

Transfer to Line 051—Mission Shift .................................................................... [–62,800] 

51 U–28 .............................................................................................................................. 7,530 116,930 

Program increase ................................................................................................... [46,600] 

Transfer from Line 049—Mission Shift ................................................................ [62,800] 

52 MH–47 CHINOOK ....................................................................................................... 134,785 134,785 

53 RQ–11 UNMANNED AERIAL VEHICLE ................................................................. 2,062 2,062 

54 CV–22 MODIFICATION .............................................................................................. 139,147 139,147 

55 MQ–1 UNMANNED AERIAL VEHICLE .................................................................. 3,963 26,963 

Program increase ................................................................................................... [23,000] 

56 MQ–9 UNMANNED AERIAL VEHICLE .................................................................. 3,952 39,352 

Program increase ................................................................................................... [35,400] 

58 STUASL0 ...................................................................................................................... 12,945 12,945 

59 PRECISION STRIKE PACKAGE ............................................................................... 73,013 73,013 

60 AC/MC–130J ................................................................................................................. 51,484 51,484 

62 C–130 MODIFICATIONS ............................................................................................ 25,248 25,248

63 AIRCRAFT SUPPORT ................................................................................................ 5,314 5,314 

SHIPBUILDING 

64 UNDERWATER SYSTEMS ........................................................................................ 23,037 23,037 

AMMUNITION PROGRAMS 

66 ORDNANCE REPLENISHMENT .............................................................................. 113,183 113,183 

67 ORDNANCE ACQUISITION ....................................................................................... 36,981 36,981 

OTHER PROCUREMENT PROGRAMS 

68 COMMUNICATIONS EQUIPMENT AND ELECTRONICS .................................... 99,838 103,738 

Program increase ................................................................................................... [3,900] 

69 INTELLIGENCE SYSTEMS ...................................................................................... 71,428 71,428 

70 SMALL ARMS AND WEAPONS ................................................................................ 27,108 27,108 

71 DISTRIBUTED COMMON GROUND/SURFACE SYSTEMS ................................. 12,767 12,767 

74 COMBATANT CRAFT SYSTEMS .............................................................................. 42,348 42,348 

75 SPARES AND REPAIR PARTS ................................................................................. 600 600 

77 TACTICAL VEHICLES ............................................................................................... 37,421 37,421 

78 MISSION TRAINING AND PREPARATION SYSTEMS ......................................... 36,949 41,949 

Program increase ................................................................................................... [5,000] 

79 COMBAT MISSION REQUIREMENTS ..................................................................... 20,255 20,255 

80 MILCON COLLATERAL EQUIPMENT .................................................................... 17,590 17,590 


smartinez on DSK6TPTVN1PROD with BILLS
1192 

HR 4310 RFS

SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2013 

Request 

House Authorized 

82 AUTOMATION SYSTEMS .......................................................................................... 66,573 66,573 

83 GLOBAL VIDEO SURVEILLANCE ACTIVITIES ................................................... 6,549 6,549 

84 OPERATIONAL ENHANCEMENTS INTELLIGENCE .......................................... 32,335 32,335 

85 SOLDIER PROTECTION AND SURVIVAL SYSTEMS .......................................... 15,153 15,153 

86 VISUAL AUGMENTATION LASERS AND SENSOR SYSTEMS .......................... 33,920 33,920 

87 TACTICAL RADIO SYSTEMS ................................................................................... 75,132 75,132 

90 MISCELLANEOUS EQUIPMENT ............................................................................. 6,667 6,667 

91 OPERATIONAL ENHANCEMENTS ......................................................................... 217,972 243,272 

Program increase ................................................................................................... [25,300] 

92 MILITARY INFORMATION SUPPORT OPERATIONS .......................................... 27,417 27,417 

CBDP 

93 INSTALLATION FORCE PROTECTION ................................................................. 24,025 24,025 

94 INDIVIDUAL PROTECTION ..................................................................................... 73,720 73,720 

95 DECONTAMINATION ................................................................................................ 506 506 

96 JOINT BIO DEFENSE PROGRAM (MEDICAL) ..................................................... 32,597 32,597 

97 COLLECTIVE PROTECTION .................................................................................... 3,144 3,144 

98 CONTAMINATION AVOIDANCE .............................................................................. 164,886 164,886 

TOTAL, PROCUREMENT, DEFENSE-WIDE .................................... 4,187,935 4,624,135 

JOINT URGENT OPERATIONAL NEEDS FUND 

JOINT URGENT OPERATIONAL NEEDS FUND 

01 JOINT URGENT OPERATIONAL NEEDS FUND ................................................. 99,477 0 

Program reduction ................................................................................................. [–99,477] 

TOTAL, JOINT URGENT OPERATIONAL NEEDS FUND .......... 99,477 0 

TOTAL PROCUREMENT ......................................................................... 97,432,379 99,121,919 

1 SEC. 4102. PROCUREMENT FOR OVERSEAS CONTINGENCY 

2 OPERATIONS. 

SEC. 4102. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Line Item FY 2013 

Request 

House 

Authorized 

AIRCRAFT PROCUREMENT, ARMY 

ROTARY 

9 AH–64 APACHE BLOCK IIIB NEW BUILD ........................................................... 71,000 71,000 

12 KIOWA WARRIOR (OH–58F) WRA .......................................................................... 183,900 183,900 

15 CH–47 HELICOPTER ................................................................................................. 231,300 231,300 

TOTAL, AIRCRAFT PROCUREMENT, ARMY ................................. 486,200 486,200 

MISSILE PROCUREMENT, ARMY 

AIR-TO-SURFACE MISSILE SYSTEM 

4 HELLFIRE SYS SUMMARY ...................................................................................... 29,100 29,100 

ANTI-TANK/ASSAULT MISSILE SYS 

8 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 

36 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 

3 CTG, HANDGUN, ALL TYPES ................................................................................. 1,500 1,500 

4 CTG, .50 CAL, ALL TYPES ....................................................................................... 10,000 10,000 

7 CTG, 30MM, ALL TYPES ........................................................................................... 80,000 61,000 

Pricing adjustments for target practice round and light-weight dual purpose 

round.

[–19,000] 

MORTAR AMMUNITION 

9 60MM MORTAR, ALL TYPES ................................................................................... 14,000 14,000 

10 81MM MORTAR, ALL TYPES ................................................................................... 6,000 6,000 

11 120MM MORTAR, ALL TYPES ................................................................................. 56,000 56,000 

ARTILLERY AMMUNITION 

13 ARTILLERY CARTRIDGES, 75MM AND 105MM, ALL TYP ................................ 29,956 29,956 

14 ARTILLERY PROJECTILE, 155MM, ALL TYPES ................................................. 37,044 37,044 

15 PROJ 155MM EXTENDED RANGE XM982 ............................................................ 12,300 12,300 

16 ARTILLERY PROPELLANTS, FUZES AND PRIMERS, ALL .............................. 17,000 17,000 

MINES 

17 MINES & CLEARING CHARGES, ALL TYPES ...................................................... 12,000 12,000 

ROCKETS 


smartinez on DSK6TPTVN1PROD with BILLS
1193 

HR 4310 RFS

SEC. 4102. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Line Item FY 2013 

Request 

House Authorized 

20 ROCKET, HYDRA 70, ALL TYPES .......................................................................... 63,635 63,635 

OTHER AMMUNITION 

23 SIGNALS, ALL TYPES ............................................................................................... 16,858 16,858 

MISCELLANEOUS 

28 ITEMS LESS THAN $5 MILLION ............................................................................ 1,200 1,200 

TOTAL, PROCUREMENT OF AMMUNITION, ARMY ................... 357,493 338,493 

OTHER PROCUREMENT, ARMY 

TACTICAL VEHICLES 

2 FAMILY OF MEDIUM TACTICAL VEH (FMTV) ................................................... 28,247 28,247 

4 FAMILY OF HEAVY TACTICAL VEHICLES (FHTV) ........................................... 2,050 2,050 

11 HMMWV RECAPITALIZATION PROGRAM ............................................................ 271,000 271,000 

14 MINE-RESISTANT AMBUSH-PROTECTED (MRAP) MODS ................................ 927,400 927,400 

COMM—INTELLIGENCE COMM 

52 RESERVE CA/MISO GPF EQUIPMENT .................................................................. 8,000 8,000 

COMM—BASE COMMUNICATIONS 

61 INSTALLATION INFO INFRASTRUCTURE MOD PROGRAM( .......................... 25,000 25,000 

ELECT EQUIP—TACT INT REL ACT (TIARA) 

69 DCGS–A (MIP) ............................................................................................................. 90,355 90,355 

73 CI HUMINT AUTO REPRINTING AND COLLECTION ........................................ 6,516 6,516 

ELECT EQUIP—ELECTRONIC WARFARE (EW) 

75 LIGHTWEIGHT COUNTER MORTAR RADAR ...................................................... 27,646 27,646 

77 FMLY OF PERSISTENT SURVEILLANCE CAPABILITIES ................................ 52,000 52,000 

78 COUNTERINTELLIGENCE/SECURITY COUNTERMEASURES ......................... 205,209 205,209 

ELECT EQUIP—TACTICAL SURV. (TAC SURV) 

92 MOD OF IN-SVC EQUIP (FIREFINDER RADARS) .............................................. 14,600 14,600 

99 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 

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 60,167 

Rapid equipping force delayed execution rates ...................................................... [–38,000] 

TOTAL, OTHER PROCUREMENT, ARMY ........................................ 2,015,907 1,977,907 

JOINT IMPR EXPLOSIVE DEV DEFEAT FUND 

NETWORK ATTACK 

1 ATTACK THE NETWORK ......................................................................................... 950,500 950,500 

JIEDDO DEVICE DEFEAT 

2 DEFEAT THE DEVICE ............................................................................................. 400,000 400,000

FORCE TRAINING 

3 TRAIN THE FORCE ................................................................................................... 149,500 149,500 

STAFF AND INFRASTRUCTURE 

4 OPERATIONS .............................................................................................................. 175,400 402,800 

Transfer from title 1 .............................................................................................. [227,400] 

TOTAL, JOINT IMPR EXPLOSIVE DEV DEFEAT FUND ........... 1,675,400 1,902,800 

AIRCRAFT PROCUREMENT, NAVY 

COMBAT AIRCRAFT 

11 H–1 UPGRADES (UH–1Y/AH–1Z) ............................................................................ 29,800 29,800 

MODIFICATION OF AIRCRAFT 

30 AV–8 SERIES ............................................................................................................... 42,238 42,238 

32 F–18 SERIES ............................................................................................................... 41,243 41,243 

35 H–53 SERIES ............................................................................................................... 15,870 15,870 

38 EP–3 SERIES ............................................................................................................... 13,030 13,030 

43 C–130 SERIES ............................................................................................................. 16,737 16,737 

48 SPECIAL PROJECT AIRCRAFT ............................................................................... 2,714 2,714 

54 COMMON AVIONICS CHANGES .............................................................................. 570 570 


smartinez on DSK6TPTVN1PROD with BILLS
1194 

HR 4310 RFS

SEC. 4102. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Line Item FY 2013 

Request 

House Authorized 

AIRCRAFT SUPPORT EQUIP & FACILITIES 

62 COMMON GROUND EQUIPMENT ........................................................................... 2,380 2,380 

TOTAL, AIRCRAFT PROCUREMENT, NAVY .................................. 164,582 164,582 

WEAPONS PROCUREMENT, NAVY 

TACTICAL MISSILES 

9 HELLFIRE ................................................................................................................... 17,000 17,000 

10 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 

1 GENERAL PURPOSE BOMBS .................................................................................. 18,000 18,000 

2 AIRBORNE ROCKETS, ALL TYPES ........................................................................ 80,200 80,200 

3 MACHINE GUN AMMUNITION ................................................................................ 21,500 21,500 

6 AIR EXPENDABLE COUNTERMEASURES ........................................................... 20,303 20,303 

11 OTHER SHIP GUN AMMUNITION .......................................................................... 532 532 

12 SMALL ARMS & LANDING PARTY AMMO ............................................................ 2,643 2,643 

13 PYROTECHNIC AND DEMOLITION ....................................................................... 2,322 2,322 

14 AMMUNITION LESS THAN $5 MILLION .............................................................. 6,308 6,308 

MARINE CORPS AMMUNITION 

15 SMALL ARMS AMMUNITION ................................................................................... 10,948 10,948 

16 LINEAR CHARGES, ALL TYPES ............................................................................. 9,940 9,940 

17 40 MM, ALL TYPES .................................................................................................... 5,963 5,963 

20 120MM, ALL TYPES ................................................................................................... 11,605 11,605 

21 CTG 25MM, ALL TYPES ............................................................................................ 2,831 2,831 

22 GRENADES, ALL TYPES .......................................................................................... 2,359 2,359 

23 ROCKETS, ALL TYPES ............................................................................................. 3,051 3,051 

24 ARTILLERY, ALL TYPES ......................................................................................... 54,886 54,886 

25 DEMOLITION MUNITIONS, ALL TYPES ............................................................... 1,391 1,391 

26 FUZE, ALL TYPES ..................................................................................................... 30,945 30,945 

27 NON LETHALS ........................................................................................................... 8 8 

29 ITEMS LESS THAN $5 MILLION ............................................................................ 12 12 

TOTAL, PROCUREMENT OF AMMO, NAVY & MC ....................... 285,747 285,747 

OTHER PROCUREMENT, NAVY 

OTHER SHORE ELECTRONIC EQUIPMENT 

70 TACTICAL/MOBILE C4I SYSTEMS ......................................................................... 3,603 3,603 

AIRCRAFT SUPPORT EQUIPMENT 

97 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 

2 LAV PIP ........................................................................................................................ 10,000 10,000 

ARTILLERY AND OTHER WEAPONS 

5 HIGH MOBILITY ARTILLERY ROCKET SYSTEM ............................................... 108,860 108,860 

GUIDED MISSILES 

10 JAVELIN ...................................................................................................................... 29,158 29,158 

OTHER SUPPORT 

13 MODIFICATION KITS ................................................................................................ 41,602 41,602 

REPAIR AND TEST EQUIPMENT 

15 REPAIR AND TEST EQUIPMENT ........................................................................... 13,632 13,632 

OTHER SUPPORT (TEL) 

17 MODIFICATION KITS ................................................................................................ 2,831 2,831

COMMAND AND CONTROL SYSTEM (NON-TEL) 

19 AIR OPERATIONS C2 SYSTEMS ............................................................................. 15,575 15,575 

RADAR + EQUIPMENT (NON-TEL) 

20 RADAR SYSTEMS ....................................................................................................... 8,015 8,015 

INTELL/COMM EQUIPMENT (NON-TEL) 

23 INTELLIGENCE SUPPORT EQUIPMENT ............................................................. 35,310 35,310 

OTHER COMM/ELEC EQUIPMENT (NON-TEL) 

29 NIGHT VISION EQUIPMENT ................................................................................... 652 652 

OTHER SUPPORT (NON-TEL) 

30 COMMON COMPUTER RESOURCES ...................................................................... 19,807 19,807 

32 RADIO SYSTEMS ........................................................................................................ 36,482 36,482 

33 COMM SWITCHING & CONTROL SYSTEMS ......................................................... 41,295 41,295 

TACTICAL VEHICLES 


smartinez on DSK6TPTVN1PROD with BILLS
1195 

HR 4310 RFS

SEC. 4102. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Line Item FY 2013 

Request 

House Authorized 

39 MEDIUM TACTICAL VEHICLE REPLACEMENT ................................................. 10,466 10,466 

41 FAMILY OF TACTICAL TRAILERS ........................................................................ 7,642 7,642 

ENGINEER AND OTHER EQUIPMENT 

45 BULK LIQUID EQUIPMENT .................................................................................... 18,239 18,239 

46 TACTICAL FUEL SYSTEMS ..................................................................................... 51,359 51,359 

47 POWER EQUIPMENT ASSORTED .......................................................................... 20,247 20,247 

49 EOD SYSTEMS ............................................................................................................ 362,658 362,658 

MATERIALS HANDLING EQUIPMENT 

50 PHYSICAL SECURITY EQUIPMENT ...................................................................... 55,500 55,500 

52 MATERIAL HANDLING EQUIP ............................................................................... 19,100 19,100 

GENERAL PROPERTY 

54 FIELD MEDICAL EQUIPMENT ............................................................................... 15,751 15,751 

55 TRAINING DEVICES ................................................................................................. 3,602 3,602

57 FAMILY OF CONSTRUCTION EQUIPMENT ......................................................... 15,900 15,900 

TOTAL, PROCUREMENT, MARINE CORPS .................................... 943,683 943,683 

AIRCRAFT PROCUREMENT, AIR FORCE 

STRATEGIC AIRCRAFT 

35 LARGE AIRCRAFT INFRARED COUNTERMEASURES ...................................... 139,800 139,800 

OTHER AIRCRAFT 

55 U–2 MODS .................................................................................................................... 46,800 46,800 

63 C–130 ............................................................................................................................. 11,400 11,400 

67 COMPASS CALL MODS ............................................................................................. 14,000 14,000 

68 RC–135 .......................................................................................................................... 8,000 8,000 

75 HC/MC–130 MODIFICATIONS .................................................................................. 4,700 4,700 

AIRCRAFT SPARES AND REPAIR PARTS 

81 INITIAL SPARES/REPAIR PARTS .......................................................................... 21,900 21,900 

OTHER PRODUCTION CHARGES 

99 OTHER PRODUCTION CHARGES ........................................................................... 59,000 59,000 

TOTAL, AIRCRAFT PROCUREMENT, AIR FORCE ...................... 305,600 305,600 

PROCUREMENT OF AMMUNITION, AIR FORCE 

CARTRIDGES 

2 CARTRIDGES .............................................................................................................. 13,592 13,592 

BOMBS 

4 GENERAL PURPOSE BOMBS .................................................................................. 23,211 23,211 

5 JOINT DIRECT ATTACK MUNITION ..................................................................... 53,923 53,923 

FLARE, IR MJU–7B 

6 CAD/PAD ...................................................................................................................... 2,638 2,638 

10 ITEMS LESS THAN $5 MILLION ............................................................................ 2,600 2,600 

FUZES 

11 FLARES ........................................................................................................................ 11,726 11,726 

12 FUZES .......................................................................................................................... 8,513 8,513 

TOTAL, PROCUREMENT OF AMMUNITION, AIR FORCE ....... 116,203 116,203 

MISSILE PROCUREMENT, AIR FORCE 

TACTICAL 

5 PREDATOR HELLFIRE MISSILE ........................................................................... 34,350 34,350 

TOTAL, MISSILE PROCUREMENT, AIR FORCE .......................... 34,350 34,350 

OTHER PROCUREMENT, AIR FORCE 

CARGO AND UTILITY VEHICLES 

2 MEDIUM TACTICAL VEHICLE ............................................................................... 2,010 2,010 

4 ITEMS LESS THAN $5 MILLION ............................................................................ 2,675 2,675 

SPECIAL PURPOSE VEHICLES 

6 ITEMS LESS THAN $5 MILLION ............................................................................ 2,557 2,557 

MATERIALS HANDLING EQUIPMENT 

8 ITEMS LESS THAN $5 MILLION ............................................................................ 4,329 4,329 

BASE MAINTENANCE SUPPORT 

9 RUNWAY SNOW REMOV AND CLEANING EQU .................................................. 984 984 

10 ITEMS LESS THAN $5 MILLION ............................................................................ 9,120 9,120 

ELECTRONICS PROGRAMS 

22 WEATHER OBSERVATION FORECAST ................................................................. 5,600 5,600 

SPCL COMM-ELECTRONICS PROJECTS 

27 GENERAL INFORMATION TECHNOLOGY ........................................................... 11,157 11,157 

ORGANIZATION AND BASE 

49 TACTICAL C-E EQUIPMENT ................................................................................... 7,000 7,000 

53 BASE COMM INFRASTRUCTURE ........................................................................... 10,654 10,654 

MODIFICATIONS 

54 COMM ELECT MODS ................................................................................................. 8,000 8,000 

PERSONAL SAFETY & RESCUE EQUIP 

55 NIGHT VISION GOGGLES ........................................................................................ 902 902 

BASE SUPPORT EQUIPMENT 

59 CONTINGENCY OPERATIONS ................................................................................. 60,090 60,090 

62 MOBILITY EQUIPMENT ........................................................................................... 9,400 9,400 

63 ITEMS LESS THAN $5 MILLION ............................................................................ 9,175 9,175 

CLASSIFIED PROGRAMS 

069A CLASSIFIED PROGRAMS ......................................................................................... 2,672,317 2,672,317 


smartinez on DSK6TPTVN1PROD with BILLS
1196 

HR 4310 RFS

SEC. 4102. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Line Item FY 2013 

Request 

House Authorized 

SPARES AND REPAIR PARTS 

71 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 

15 TELEPORT PROGRAM .............................................................................................. 5,260 5,260 

CLASSIFIED PROGRAMS 

045A CLASSIFIED PROGRAMS ......................................................................................... 126,201 126,201 

AVIATION PROGRAMS 

61 MQ–8 UAV .................................................................................................................... 16,500 16,500 

OTHER PROCUREMENT PROGRAMS 

68 COMMUNICATIONS EQUIPMENT AND ELECTRONICS .................................... 151 151 

69 INTELLIGENCE SYSTEMS ...................................................................................... 30,528 30,528 

77 TACTICAL VEHICLES ............................................................................................... 1,843 1,843 

82 AUTOMATION SYSTEMS .......................................................................................... 1,000 1,000 

86 VISUAL AUGMENTATION LASERS AND SENSOR SYSTEMS .......................... 108 108 

91 OPERATIONAL ENHANCEMENTS ......................................................................... 14,758 14,758 

TOTAL, PROCUREMENT, DEFENSE-WIDE .................................... 196,349 196,349 

JOINT URGENT OPERATIONAL NEEDS FUND 

JOINT URGENT OPERATIONAL NEEDS FUND 

1 JOINT URGENT OPERATIONAL NEEDS FUND ................................................. 100,000 50,000 

Program reduction ................................................................................................. [–50,000] 

TOTAL, JOINT URGENT OPERATIONAL NEEDS FUND .......... 100,000 50,000 

NATIONAL GUARD & RESERVE EQUIPMENT 

UNDISTRIBUTED 

999 MISCELLANEOUS EQUIPMENT ............................................................................. 500,000 

Program increase ................................................................................................... [500,000] 

TOTAL, NATIONAL GUARD & RESERVE EQUIPMENT ............ 500,000 

TOTAL PROCUREMENT ......................................................................... 9,687,241 10,307,641 

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 

House 

Authorized 

RESEARCH, DEVELOPMENT, TEST & EVAL, ARMY 

BASIC RESEARCH 

1 0601101A IN-HOUSE LABORATORY INDEPENDENT RESEARCH .................... 20,860 20,860 

2 0601102A DEFENSE RESEARCH SCIENCES ......................................................... 219,180 219,180 

3 0601103A UNIVERSITY RESEARCH INITIATIVES ............................................... 80,986 80,986 

4 0601104A UNIVERSITY AND INDUSTRY RESEARCH CENTERS ...................... 123,045 123,045 

SUBTOTAL, BASIC RESEARCH ................................................... 444,071 444,071 

APPLIED RESEARCH 

5 0602105A MATERIALS TECHNOLOGY .................................................................... 29,041 39,291 

Advanced coating technologies for corrosion mitigation ........................ [10,250] 

6 0602120A SENSORS AND ELECTRONIC SURVIVABILITY .................................. 45,260 45,260 

7 0602122A TRACTOR HIP ............................................................................................ 22,439 22,439

8 0602211A AVIATION TECHNOLOGY ........................................................................ 51,607 51,607 

9 0602270A ELECTRONIC WARFARE TECHNOLOGY ............................................. 15,068 15,068 

10 0602303A MISSILE TECHNOLOGY ........................................................................... 49,383 49,383 

11 0602307A ADVANCED WEAPONS TECHNOLOGY ................................................. 25,999 25,999 

12 0602308A ADVANCED CONCEPTS AND SIMULATION ........................................ 23,507 23,507 

13 0602601A COMBAT VEHICLE AND AUTOMOTIVE TECHNOLOGY ................... 69,062 69,062 

14 0602618A BALLISTICS TECHNOLOGY .................................................................... 60,823 60,823 


smartinez on DSK6TPTVN1PROD with BILLS
1197 

HR 4310 RFS

SEC. 4201. RESEARCH, DEVELOPMENT, TEST AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2013 Request 

House Authorized 

15 0602622A CHEMICAL, SMOKE AND EQUIPMENT DEFEATING TECHNOLOGY.4,465 4,465 

16 0602623A JOINT SERVICE SMALL ARMS PROGRAM ........................................... 7,169 7,169 

17 0602624A WEAPONS AND MUNITIONS TECHNOLOGY ....................................... 35,218 35,218 

18 0602705A ELECTRONICS AND ELECTRONIC DEVICES ..................................... 60,300 60,300 

19 0602709A NIGHT VISION TECHNOLOGY ............................................................... 53,244 53,244 

20 0602712A COUNTERMINE SYSTEMS ....................................................................... 18,850 18,850 

21 0602716A HUMAN FACTORS ENGINEERING TECHNOLOGY ............................ 19,872 19,872 

22 0602720A ENVIRONMENTAL QUALITY TECHNOLOGY ...................................... 20,095 20,095 

23 0602782A COMMAND, CONTROL, COMMUNICATIONS TECHNOLOGY ............ 28,852 28,852 

24 0602783A COMPUTER AND SOFTWARE TECHNOLOGY ..................................... 9,830 9,830 

25 0602784A MILITARY ENGINEERING TECHNOLOGY ........................................... 70,693 70,693 

26 0602785A MANPOWER/PERSONNEL/TRAINING TECHNOLOGY ....................... 17,781 17,781 

27 0602786A WARFIGHTER TECHNOLOGY ................................................................ 28,281 28,281 

28 0602787A MEDICAL TECHNOLOGY ......................................................................... 107,891 107,891 

SUBTOTAL, APPLIED RESEARCH ............................................. 874,730 884,980 

ADVANCED TECHNOLOGY DEVELOPMENT 

29 0603001A WARFIGHTER ADVANCED TECHNOLOGY .......................................... 39,359 39,359 

30 0603002A MEDICAL ADVANCED TECHNOLOGY .................................................. 69,580 69,580 

31 0603003A AVIATION ADVANCED TECHNOLOGY ................................................. 64,215 64,215 

32 0603004A WEAPONS AND MUNITIONS ADVANCED TECHNOLOGY ................ 67,613 67,613 

33 0603005A COMBAT VEHICLE AND AUTOMOTIVE ADVANCED TECHNOLOGY.104,359 104,359 

34 0603006A COMMAND, CONTROL, COMMUNICATIONS ADVANCED TECHNOLOGY.

4,157 4,157 

35 0603007A MANPOWER, PERSONNEL AND TRAINING ADVANCED TECHNOLOGY.9,856 9,856 

36 0603008A ELECTRONIC WARFARE ADVANCED TECHNOLOGY ....................... 50,661 50,661 

37 0603009A TRACTOR HIKE ......................................................................................... 9,126 9,126 

38 0603015A NEXT GENERATION TRAINING & SIMULATION SYSTEMS ............ 17,257 17,257 

39 0603020A TRACTOR ROSE ......................................................................................... 9,925 9,925 

40 0603105A MILITARY HIV RESEARCH ..................................................................... 6,984 6,984 

41 0603125A COMBATING TERRORISM—TECHNOLOGY DEVELOPMENT .......... 9,716 9,716 

42 0603130A TRACTOR NAIL .......................................................................................... 3,487 3,487 

43 0603131A TRACTOR EGGS ......................................................................................... 2,323 2,323 

44 0603270A ELECTRONIC WARFARE TECHNOLOGY ............................................. 21,683 21,683 

45 0603313A MISSILE AND ROCKET ADVANCED TECHNOLOGY ......................... 71,111 71,111 

46 0603322A TRACTOR CAGE ......................................................................................... 10,902 10,902 

47 0603461A HIGH PERFORMANCE COMPUTING MODERNIZATION PROGRAM 180,582 180,582 

48 0603606A LANDMINE WARFARE AND BARRIER ADVANCED TECHNOLOGY 27,204 27,204 

49 0603607A JOINT SERVICE SMALL ARMS PROGRAM ........................................... 6,095 6,095 

50 0603710A NIGHT VISION ADVANCED TECHNOLOGY ......................................... 37,217 37,217 

51 0603728A ENVIRONMENTAL QUALITY TECHNOLOGY DEMONSTRATIONS 13,626 13,626 

52 0603734A MILITARY ENGINEERING ADVANCED TECHNOLOGY .................... 28,458 28,458 

53 0603772A ADVANCED TACTICAL COMPUTER SCIENCE AND SENSOR 

TECHNOLOGY.

25,226 25,226 

SUBTOTAL, ADVANCED TECHNOLOGY DEVELOPMENT 890,722 890,722 

ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES 

54 0603305A ARMY MISSILE DEFENSE SYSTEMS INTEGRATION ....................... 14,505 14,505 

55 0603308A ARMY SPACE SYSTEMS INTEGRATION ............................................... 9,876 9,876 

56 0603619A LANDMINE WARFARE AND BARRIER—ADV DEV ............................ 5,054 5,054 

57 0603627A SMOKE, OBSCURANT AND TARGET DEFEATING SYS—ADV DEV 2,725 2,725 

58 0603639A TANK AND MEDIUM CALIBER AMMUNITION ................................... 30,560 30,560 

59 0603653A ADVANCED TANK ARMAMENT SYSTEM (ATAS) ............................... 14,347 14,347 

60 0603747A SOLDIER SUPPORT AND SURVIVABILITY ......................................... 10,073 10,073 

61 0603766A TACTICAL ELECTRONIC SURVEILLANCE SYSTEM—ADV DEV .... 8,660 8,660 

62 0603774A NIGHT VISION SYSTEMS ADVANCED DEVELOPMENT ................... 10,715 10,715 

63 0603779A ENVIRONMENTAL QUALITY TECHNOLOGY—DEM/VAL ................. 4,631 4,631 

64 0603782A WARFIGHTER INFORMATION NETWORK-TACTICAL—DEM/VAL 278,018 278,018 

65 0603790A NATO RESEARCH AND DEVELOPMENT ............................................. 4,961 4,961 

66 0603801A AVIATION—ADV DEV ............................................................................... 8,602 8,602 

67 0603804A LOGISTICS AND ENGINEER EQUIPMENT—ADV DEV ..................... 14,605 14,605 

68 0603805A COMBAT SERVICE SUPPORT CONTROL SYSTEM EVALUATION 

AND ANALYSIS.

5,054 5,054 

69 0603807A MEDICAL SYSTEMS—ADV DEV ............................................................. 24,384 24,384 

70 0603827A SOLDIER SYSTEMS—ADVANCED DEVELOPMENT .......................... 32,050 32,050 

71 0603850A INTEGRATED BROADCAST SERVICE ................................................... 96 96 

72 0604115A TECHNOLOGY MATURATION INITIATIVES ........................................ 24,868 24,868 

73 0604131A TRACTOR JUTE ......................................................................................... 59 59 

75 0604319A INDIRECT FIRE PROTECTION CAPABILITY INCREMENT 2– 

INTERCEPT (IFPC2).

76,039 76,039 

77 0604785A INTEGRATED BASE DEFENSE (BUDGET ACTIVITY 4) ................... 4,043 4,043 

78 0305205A ENDURANCE UAVS ................................................................................... 26,196 26,196 

SUBTOTAL, ADVANCED COMPONENT DEVELOPMENT 

& PROTOTYPES.

610,121 610,121 


smartinez on DSK6TPTVN1PROD with BILLS
1198 

HR 4310 RFS

SEC. 4201. RESEARCH, DEVELOPMENT, TEST AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2013 Request 

House Authorized 

SYSTEM DEVELOPMENT & DEMONSTRATION 

79 0604201A AIRCRAFT AVIONICS ................................................................................ 78,538 78,538 

80 0604220A ARMED, DEPLOYABLE HELOS .............................................................. 90,494 90,494 

81 0604270A ELECTRONIC WARFARE DEVELOPMENT .......................................... 181,347 176,347 

Program adjustment .............................................................................. [–5,000] 

83 0604290A MID-TIER NETWORKING VEHICULAR RADIO (MNVR) .................... 12,636 12,636 

84 0604321A ALL SOURCE ANALYSIS SYSTEM ......................................................... 5,694 5,694 

85 0604328A TRACTOR CAGE ......................................................................................... 32,095 32,095 

86 0604601A INFANTRY SUPPORT WEAPONS ........................................................... 96,478 93,078 

XM25 funding ahead of need ................................................................ [–3,400] 

87 0604604A MEDIUM TACTICAL VEHICLES ............................................................. 3,006 3,006 

89 0604611A JAVELIN ...................................................................................................... 5,040 5,040 

90 0604622A FAMILY OF HEAVY TACTICAL VEHICLES ......................................... 3,077 3,077 

91 0604633A AIR TRAFFIC CONTROL .......................................................................... 9,769 9,769 

92 0604641A TACTICAL UNMANNED GROUND VEHICLE (TUGV) ........................ 13,141 13,141 

99 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 

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 9,963 

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 

Prohibition of funds for MEADS .......................................................... [–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 

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 2,877,368 

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 

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 

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 


smartinez on DSK6TPTVN1PROD with BILLS
1199 

HR 4310 RFS

SEC. 4201. RESEARCH, DEVELOPMENT, TEST AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2013 Request 

House Authorized 

156 0605857A ENVIRONMENTAL QUALITY TECHNOLOGY MGMT SUPPORT ...... 4,601 4,601 

157 0605898A MANAGEMENT HQ—R&D ........................................................................ 18,524 18,524 

SUBTOTAL, RDT&E MANAGEMENT SUPPORT ................... 1,153,980 1,153,980 

OPERATIONAL SYSTEMS DEVELOPMENT 

159 0603778A MLRS PRODUCT IMPROVEMENT PROGRAM ...................................... 143,005 143,005 

161 0607865A PATRIOT PRODUCT IMPROVEMENT .................................................... 109,978 109,978 

162 0102419A AEROSTAT JOINT PROJECT OFFICE ................................................... 190,422 171,422 

Program adjustment .............................................................................. [–19,000] 

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.280,247 226,147 

Ahead of need ........................................................................................ [–54,100] 

168 0203752A AIRCRAFT ENGINE COMPONENT IMPROVEMENT PROGRAM ...... 898 898 

169 0203758A DIGITIZATION ............................................................................................ 35,180 35,180 

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 

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 1,596,062 

TOTAL, RESEARCH, DEVELOPMENT, TEST & EVAL, 

ARMY.

8,929,415 8,457,304 

RESEARCH, DEVELOPMENT, TEST & EVAL, NAVY 

BASIC RESEARCH 

1 0601103N UNIVERSITY RESEARCH INITIATIVES ............................................... 113,690 123,690 

Increase Defense University Research Instrumentation Program ........ [10,000] 

2 0601152N IN-HOUSE LABORATORY INDEPENDENT RESEARCH .................... 18,261 18,261 

3 0601153N DEFENSE RESEARCH SCIENCES ......................................................... 473,070 473,070 

003A 0601XXXN SCIENCE AND TECHNOLOGY ................................................................ 3,450 

Transfer from PE 0205658N ................................................................ [3,450] 

SUBTOTAL, BASIC RESEARCH ................................................... 605,021 618,471 

APPLIED RESEARCH 

4 0602114N POWER PROJECTION APPLIED RESEARCH ...................................... 89,189 89,189 

5 0602123N FORCE PROTECTION APPLIED RESEARCH ....................................... 143,301 143,301 

6 0602131M MARINE CORPS LANDING FORCE TECHNOLOGY ............................ 46,528 46,528 

7 0602235N COMMON PICTURE APPLIED RESEARCH ........................................... 41,696 41,696 

8 0602236N WARFIGHTER SUSTAINMENT APPLIED RESEARCH ...................... 44,127 44,127 

9 0602271N ELECTROMAGNETIC SYSTEMS APPLIED RESEARCH .................... 78,228 78,228 

10 0602435N OCEAN WARFIGHTING ENVIRONMENT APPLIED RESEARCH ..... 49,635 49,635 

11 0602651M JOINT NON-LETHAL WEAPONS APPLIED RESEARCH ................... 5,973 5,973 

12 0602747N UNDERSEA WARFARE APPLIED RESEARCH .................................... 96,814 96,814 

13 0602750N FUTURE NAVAL CAPABILITIES APPLIED RESEARCH ................... 162,417 162,417 

14 0602782N MINE AND EXPEDITIONARY WARFARE APPLIED RESEARCH .... 32,394 32,394 

SUBTOTAL, APPLIED RESEARCH ............................................. 790,302 790,302 

ADVANCED TECHNOLOGY DEVELOPMENT 

15 0603114N POWER PROJECTION ADVANCED TECHNOLOGY ............................ 56,543 56,543 

16 0603123N FORCE PROTECTION ADVANCED TECHNOLOGY ............................. 18,616 18,616 

19 0603271N ELECTROMAGNETIC SYSTEMS ADVANCED TECHNOLOGY .......... 54,858 54,858 

20 0603640M USMC ADVANCED TECHNOLOGY DEMONSTRATION (ATD) .......... 130,598 130,598 

21 0603651M JOINT NON-LETHAL WEAPONS TECHNOLOGY DEVELOPMENT 11,706 11,706 

22 0603673N FUTURE NAVAL CAPABILITIES ADVANCED TECHNOLOGY DEVELOPMENT.256,382 256,382 

23 0603729N WARFIGHTER PROTECTION ADVANCED TECHNOLOGY ............... 3,880 3,880 

25 0603758N NAVY WARFIGHTING EXPERIMENTS AND DEMONSTRATIONS .. 51,819 51,819 

SUBTOTAL, ADVANCED TECHNOLOGY DEVELOPMENT 584,402 584,402 

ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES 


smartinez on DSK6TPTVN1PROD with BILLS
1200 

HR 4310 RFS

SEC. 4201. RESEARCH, DEVELOPMENT, TEST AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2013 Request 

House Authorized 

28 0603207N AIR/OCEAN TACTICAL APPLICATIONS ................................................ 34,085 34,085 

29 0603216N AVIATION SURVIVABILITY ..................................................................... 8,783 8,783 

30 0603237N DEPLOYABLE JOINT COMMAND AND CONTROL ............................. 3,773 3,773 

31 0603251N AIRCRAFT SYSTEMS ................................................................................ 24,512 24,512 

32 0603254N ASW SYSTEMS DEVELOPMENT ............................................................. 8,090 8,090 

33 0603261N TACTICAL AIRBORNE RECONNAISSANCE ......................................... 5,301 5,301 

34 0603382N ADVANCED COMBAT SYSTEMS TECHNOLOGY ................................. 1,506 1,506 

35 0603502N SURFACE AND SHALLOW WATER MINE COUNTERMEASURES ... 190,622 190,622 

36 0603506N SURFACE SHIP TORPEDO DEFENSE .................................................. 93,346 93,346 

37 0603512N CARRIER SYSTEMS DEVELOPMENT .................................................... 108,871 108,871 

39 0603525N PILOT FISH ................................................................................................ 101,169 101,169 

40 0603527N RETRACT LARCH ...................................................................................... 74,312 74,312 

41 0603536N RETRACT JUNIPER .................................................................................. 90,730 90,730 

42 0603542N RADIOLOGICAL CONTROL ...................................................................... 777 777 

43 0603553N SURFACE ASW ........................................................................................... 6,704 6,704 

44 0603561N ADVANCED SUBMARINE SYSTEM DEVELOPMENT ......................... 555,123 929,523 

Program increase ................................................................................... [374,400] 

45 0603562N SUBMARINE TACTICAL WARFARE SYSTEMS .................................... 9,368 9,368 

46 0603563N SHIP CONCEPT ADVANCED DESIGN ................................................... 24,609 24,609 

47 0603564N SHIP PRELIMINARY DESIGN & FEASIBILITY STUDIES ................. 13,710 13,710 

48 0603570N ADVANCED NUCLEAR POWER SYSTEMS ........................................... 249,748 249,748 

49 0603573N ADVANCED SURFACE MACHINERY SYSTEMS .................................. 29,897 29,897 

50 0603576N CHALK EAGLE ........................................................................................... 509,988 509,988 

51 0603581N LITTORAL COMBAT SHIP (LCS) ............................................................ 429,420 429,420 

52 0603582N COMBAT SYSTEM INTEGRATION .......................................................... 56,551 56,551 

53 0603609N CONVENTIONAL MUNITIONS ................................................................ 7,342 7,342 

54 0603611M MARINE CORPS ASSAULT VEHICLES .................................................. 95,182 95,182 

55 0603635M MARINE CORPS GROUND COMBAT/SUPPORT SYSTEM .................. 10,496 10,496 

56 0603654N JOINT SERVICE EXPLOSIVE ORDNANCE DEVELOPMENT ............ 52,331 52,331 

57 0603658N COOPERATIVE ENGAGEMENT ............................................................... 56,512 56,512 

58 0603713N OCEAN ENGINEERING TECHNOLOGY DEVELOPMENT ................. 7,029 7,029 

59 0603721N ENVIRONMENTAL PROTECTION .......................................................... 21,080 21,080 

60 0603724N NAVY ENERGY PROGRAM ....................................................................... 55,324 55,324 

61 0603725N FACILITIES IMPROVEMENT .................................................................. 3,401 3,401 

62 0603734N CHALK CORAL ........................................................................................... 45,966 45,966

63 0603739N NAVY LOGISTIC PRODUCTIVITY ........................................................... 3,811 3,811 

64 0603746N RETRACT MAPLE ...................................................................................... 341,305 341,305 

65 0603748N LINK PLUMERIA ....................................................................................... 181,220 181,220

66 0603751N RETRACT ELM ........................................................................................... 174,014 174,014 

68 0603764N LINK EVERGREEN .................................................................................... 68,654 68,654 

69 0603787N SPECIAL PROCESSES ............................................................................... 44,487 44,487 

70 0603790N NATO RESEARCH AND DEVELOPMENT ............................................. 9,389 9,389 

71 0603795N LAND ATTACK TECHNOLOGY ............................................................... 16,132 16,132 

72 0603851M JOINT NON-LETHAL WEAPONS TESTING .......................................... 44,994 44,994 

73 0603860N JOINT PRECISION APPROACH AND LANDING SYSTEMS—DEM/ 

VAL.

137,369 137,369 

76 0604272N TACTICAL AIR DIRECTIONAL INFRARED COUNTERMEASURES 

(TADIRCM).

73,934 73,934 

77 0604279N ASE SELF-PROTECTION OPTIMIZATION ............................................ 711 711 

78 0604653N JOINT COUNTER RADIO CONTROLLED IED ELECTRONIC WARFARE (JCREW).71,300 71,300 

79 0604659N PRECISION STRIKE WEAPONS DEVELOPMENT PROGRAM .......... 5,654 5,654 

80 0604707N SPACE AND ELECTRONIC WARFARE (SEW) ARCHITECTURE/ 

ENGINEERING SUPPORT.

31,549 31,549 

82 0604786N OFFENSIVE ANTI-SURFACE WARFARE WEAPON DEVELOPMENT.86,801 86,801 

83 0605812M JOINT LIGHT TACTICAL VEHICLE (JLTV) ENGINEERING AND 

MANUFACTURING DEVELOPMENT PH.

44,500 44,500 

84 0303354N ASW SYSTEMS DEVELOPMENT—MIP .................................................. 13,172 13,172 

86 0304270N ELECTRONIC WARFARE DEVELOPMENT—MIP ............................... 643 643 

SUBTOTAL, ADVANCED COMPONENT DEVELOPMENT 

& PROTOTYPES.

4,335,297 4,709,697 

SYSTEM DEVELOPMENT & DEMONSTRATION 

87 0604212N OTHER HELO DEVELOPMENT .............................................................. 33,978 33,978 

88 0604214N AV–8B AIRCRAFT—ENG DEV ................................................................. 32,789 32,789 

89 0604215N STANDARDS DEVELOPMENT ................................................................ 84,988 84,988 

90 0604216N MULTI-MISSION HELICOPTER UPGRADE DEVELOPMENT ........... 6,866 6,866 

91 0604218N AIR/OCEAN EQUIPMENT ENGINEERING ............................................ 4,060 4,060 

92 0604221N P–3 MODERNIZATION PROGRAM .......................................................... 3,451 3,451 

93 0604230N WARFARE SUPPORT SYSTEM ................................................................ 13,071 13,071 

94 0604231N TACTICAL COMMAND SYSTEM .............................................................. 71,645 71,645 

95 0604234N ADVANCED HAWKEYE ............................................................................ 119,065 119,065 

96 0604245N H–1 UPGRADES .......................................................................................... 31,105 31,105

97 0604261N ACOUSTIC SEARCH SENSORS ................................................................ 34,299 34,299 

98 0604262N V–22A ............................................................................................................ 54,412 54,412 

99 0604264N AIR CREW SYSTEMS DEVELOPMENT .................................................. 2,717 2,717 

100 0604269N EA–18 ............................................................................................................ 13,009 13,009 


smartinez on DSK6TPTVN1PROD with BILLS
1201 

HR 4310 RFS

SEC. 4201. RESEARCH, DEVELOPMENT, TEST AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2013 Request 

House Authorized 

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 ............ 260,616 510,616 

Cruiser Retention ................................................................................... [250,000] 

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 47,481 

Transfer from RDN 112 to RDN 167 .............................................. [–75,000] 

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 

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) ............................ 151,489 152,614 

Cruiser Retention ................................................................................... [1,125] 

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 

138 0605212N CH–53K RDTE ............................................................................................ 606,204 606,204 

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 

144 0304785N TACTICAL CRYPTOLOGIC SYSTEMS .................................................... 23,255 23,255 

SUBTOTAL, SYSTEM DEVELOPMENT & DEMONSTRATION.5,747,232 5,923,357 

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 

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 

SUBTOTAL, RDT&E MANAGEMENT SUPPORT ................... 845,077 845,077 

OPERATIONAL SYSTEMS DEVELOPMENT 

167 0604402N UNMANNED COMBAT AIR VEHICLE (UCAV) ADVANCED COMPONENT AND PROTOTYPE DEVELOPMENT.142,282 217,282 

Transfer from RDN 112 to RDN 167 .................................................. [75,000] 

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 


smartinez on DSK6TPTVN1PROD with BILLS
1202 

HR 4310 RFS

SEC. 4201. RESEARCH, DEVELOPMENT, TEST AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2013 Request 

House Authorized 

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 

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 0 

Transfer to Science and Technology (RDN 003A) ............................... [–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 

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 

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 

223 0305234N SMALL (LEVEL 0) TACTICAL UAS (STUASL0) ................................... 9,734 9,734 

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 

229 0708011N INDUSTRIAL PREPAREDNESS .............................................................. 54,879 54,879 

230 0708730N MARITIME TECHNOLOGY (MARITECH) .............................................. 5,000 5,000 

230A 9999999999 CLASSIFIED PROGRAMS ......................................................................... 1,151,159 1,351,159

Program increase ................................................................................... [200,000] 

SUBTOTAL, OPERATIONAL SYSTEMS DEVELOPMENT 3,975,546 4,247,096 

TOTAL, RESEARCH, DEVELOPMENT, TEST & EVAL, 

NAVY.

16,882,877 17,718,402 

RESEARCH, DEVELOPMENT, TEST & EVAL, AF 

BASIC RESEARCH 

1 0601102F DEFENSE RESEARCH SCIENCES ......................................................... 361,787 361,787 

2 0601103F UNIVERSITY RESEARCH INITIATIVES ............................................... 141,153 141,153 

3 0601108F HIGH ENERGY LASER RESEARCH INITIATIVES .............................. 13,094 13,094 

SUBTOTAL, BASIC RESEARCH ................................................... 516,034 516,034 

APPLIED RESEARCH 

4 0602102F MATERIALS ................................................................................................ 114,166 114,166 

5 0602201F AEROSPACE VEHICLE TECHNOLOGIES ............................................. 120,719 120,719 

6 0602202F HUMAN EFFECTIVENESS APPLIED RESEARCH .............................. 89,319 89,319 

7 0602203F AEROSPACE PROPULSION ...................................................................... 232,547 232,547 

8 0602204F AEROSPACE SENSORS ............................................................................. 127,637 127,637 

9 0602601F SPACE TECHNOLOGY .............................................................................. 98,375 98,375 

10 0602602F CONVENTIONAL MUNITIONS ................................................................ 77,175 77,175 

11 0602605F DIRECTED ENERGY TECHNOLOGY ..................................................... 106,196 106,196 

12 0602788F DOMINANT INFORMATION SCIENCES AND METHODS .................. 104,362 104,362 

13 0602890F HIGH ENERGY LASER RESEARCH ....................................................... 38,557 38,557 

SUBTOTAL, APPLIED RESEARCH ............................................. 1,109,053 1,109,053 


smartinez on DSK6TPTVN1PROD with BILLS
1203 

HR 4310 RFS

SEC. 4201. RESEARCH, DEVELOPMENT, TEST AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2013 Request 

House Authorized 

ADVANCED TECHNOLOGY DEVELOPMENT 

14 0603112F ADVANCED MATERIALS FOR WEAPON SYSTEMS ............................ 47,890 57,890 

Increase Materials Affordability Initiative program .............................. [10,000] 

15 0603199F SUSTAINMENT SCIENCE AND TECHNOLOGY (S&T) ........................ 6,565 6,565 

16 0603203F ADVANCED AEROSPACE SENSORS ...................................................... 37,657 37,657 

17 0603211F AEROSPACE TECHNOLOGY DEV/DEMO .............................................. 81,376 81,376 

18 0603216F AEROSPACE PROPULSION AND POWER TECHNOLOGY ................. 151,152 151,152 

19 0603270F ELECTRONIC COMBAT TECHNOLOGY ................................................ 32,941 32,941 

20 0603401F ADVANCED SPACECRAFT TECHNOLOGY ........................................... 64,557 64,557 

21 0603444F MAUI SPACE SURVEILLANCE SYSTEM (MSSS) ................................. 29,256 29,256 

22 0603456F HUMAN EFFECTIVENESS ADVANCED TECHNOLOGY DEVELOPMENT.21,523 21,523 

23 0603601F CONVENTIONAL WEAPONS TECHNOLOGY ........................................ 36,352 36,352 

24 0603605F ADVANCED WEAPONS TECHNOLOGY ................................................. 19,004 19,004 

25 0603680F MANUFACTURING TECHNOLOGY PROGRAM .................................... 37,045 37,045 

26 0603788F BATTLESPACE KNOWLEDGE DEVELOPMENT AND DEMONSTRATION.31,419 31,419 

SUBTOTAL, ADVANCED TECHNOLOGY DEVELOPMENT 596,737 606,737 

ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES 

28 0603260F INTELLIGENCE ADVANCED DEVELOPMENT ................................... 3,866 3,866 

29 0603287F PHYSICAL SECURITY EQUIPMENT ...................................................... 3,704 3,704 

30 0603430F ADVANCED EHF MILSATCOM (SPACE) ............................................... 229,171 227,671 

Project decrease ..................................................................................... [–1,500] 

31 0603432F POLAR MILSATCOM (SPACE) ................................................................. 120,676 120,676 

32 0603438F SPACE CONTROL TECHNOLOGY ........................................................... 25,144 23,144 

Project decrease ..................................................................................... [–2,000] 

33 0603742F COMBAT IDENTIFICATION TECHNOLOGY ......................................... 32,243 32,243 

34 0603790F NATO RESEARCH AND DEVELOPMENT ............................................. 4,507 4,507 

35 0603791F INTERNATIONAL SPACE COOPERATIVE R&D ................................... 652 652 

36 0603830F SPACE PROTECTION PROGRAM (SPP) ................................................. 10,429 10,429 

37 0603850F INTEGRATED BROADCAST SERVICE—DEM/VAL ............................. 19,938 19,938 

38 0603851F INTERCONTINENTAL BALLISTIC MISSILE—DEM/VAL .................. 71,181 71,181 

39 0603854F WIDEBAND GLOBAL SATCOM RDT&E (SPACE) ................................ 12,027 12,027 

40 0603859F POLLUTION PREVENTION—DEM/VAL ................................................ 2,054 2,054 

41 0603860F JOINT PRECISION APPROACH AND LANDING SYSTEMS—DEM/ 

VAL.

57,975 57,975 

42 0604015F LONG RANGE STRIKE .............................................................................. 291,742 291,742 

43 0604283F BATTLE MGMT COM & CTRL SENSOR DEVELOPMENT .................. 114,417 114,417 

44 0604317F TECHNOLOGY TRANSFER ...................................................................... 2,576 2,576 

45 0604327F HARD AND DEEPLY BURIED TARGET DEFEAT SYSTEM 

(HDBTDS) PROGRAM.

16,711 16,711 

47 0604337F REQUIREMENTS ANALYSIS AND MATURATION .............................. 16,343 16,343 

48 0604422F WEATHER SATELLITE FOLLOW-ON .................................................... 2,000 2,000 

50 0604635F GROUND ATTACK WEAPONS FUZE DEVELOPMENT ...................... 9,423 9,423 

54 0604857F OPERATIONALLY RESPONSIVE SPACE .............................................. 25,000 

Operationally Responsive Space ............................................................. [25,000] 

55 0604858F TECH TRANSITION PROGRAM ............................................................... 37,558 34,558 

Project decrease ..................................................................................... [–3,000] 

56 0305164F NAVSTAR GLOBAL POSITIONING SYSTEM (USER EQUIPMENT) 

(SPACE).

96,840 96,840 

SUBTOTAL, ADVANCED COMPONENT DEVELOPMENT 

& PROTOTYPES.

1,181,177 1,199,677 

SYSTEM DEVELOPMENT & DEMONSTRATION 

58 0603840F GLOBAL BROADCAST SERVICE (GBS) ................................................. 14,652 14,652 

59 0604222F NUCLEAR WEAPONS SUPPORT ............................................................. 25,713 25,713 

60 0604233F SPECIALIZED UNDERGRADUATE FLIGHT TRAINING .................... 6,583 6,583 

61 0604270F ELECTRONIC WARFARE DEVELOPMENT .......................................... 1,975 1,975 

62 0604280F JOINT TACTICAL RADIO ......................................................................... 2,594 2,594 

63 0604281F TACTICAL DATA NETWORKS ENTERPRISE ...................................... 24,534 24,534 

64 0604287F PHYSICAL SECURITY EQUIPMENT ...................................................... 51 51 

65 0604329F SMALL DIAMETER BOMB (SDB)—EMD ............................................... 143,000 143,000 

66 0604421F COUNTERSPACE SYSTEMS ..................................................................... 28,797 28,797 

67 0604425F SPACE SITUATION AWARENESS SYSTEMS ........................................ 267,252 267,252 

68 0604429F AIRBORNE ELECTRONIC ATTACK ....................................................... 4,118 4,118 

69 0604441F SPACE BASED INFRARED SYSTEM (SBIRS) HIGH EMD ................. 448,594 446,594 

Project decrease ..................................................................................... [–2,000] 

70 0604602F ARMAMENT/ORDNANCE DEVELOPMENT ........................................... 9,951 9,951 

71 0604604F SUBMUNITIONS ......................................................................................... 2,567 2,567 

72 0604617F AGILE COMBAT SUPPORT ...................................................................... 13,059 13,059 

73 0604706F LIFE SUPPORT SYSTEMS ....................................................................... 9,720 9,720 

74 0604735F COMBAT TRAINING RANGES ................................................................. 9,222 9,222 

76 0604750F INTELLIGENCE EQUIPMENT ................................................................ 803 803 

77 0604800F F–35—EMD .................................................................................................. 1,210,306 1,210,306 

78 0604851F INTERCONTINENTAL BALLISTIC MISSILE—EMD ........................... 135,437 135,437 


smartinez on DSK6TPTVN1PROD with BILLS
1204 

HR 4310 RFS

SEC. 4201. RESEARCH, DEVELOPMENT, TEST AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2013 Request 

House Authorized 

79 0604853F EVOLVED EXPENDABLE LAUNCH VEHICLE PROGRAM 

(SPACE)—EMD.

7,980 7,980 

80 0604932F LONG RANGE STANDOFF WEAPON ..................................................... 2,004 2,004 

81 0604933F ICBM FUZE MODERNIZATION ............................................................... 73,512 73,512 

82 0605213F F–22 MODERNIZATION INCREMENT 3.2B .......................................... 140,100 140,100 

83 0605221F NEXT GENERATION AERIAL REFUELING AIRCRAFT .................... 1,815,588 1,815,588 

84 0605229F CSAR HH–60 RECAPITALIZATION ........................................................ 123,210 123,210 

85 0605278F HC/MC–130 RECAP RDT&E ...................................................................... 19,039 19,039 

86 0605931F B–2 DEFENSIVE MANAGEMENT SYSTEM .......................................... 281,056 281,056 

87 0101125F NUCLEAR WEAPONS MODERNIZATION .............................................. 80,200 80,200 

89 0207604F READINESS TRAINING RANGES, OPERATIONS AND MAINTENANCE.310 310 

90 0207701F FULL COMBAT MISSION TRAINING ..................................................... 14,861 14,861 

91 0305230F MC–12 ........................................................................................................... 19,949 19,949 

92 0401138F C–27J AIRLIFT SQUADRONS .................................................................. 25,000 

Joint Cargo Aircraft .............................................................................. [25,000] 

93 0401318F CV–22 ............................................................................................................ 28,027 28,027 

94 0401845F AIRBORNE SENIOR LEADER C3 (SLC3S) ............................................ 1,960 1,960 

SUBTOTAL, SYSTEM DEVELOPMENT & DEMONSTRATION.4,966,724 4,989,724 

RDT&E MANAGEMENT SUPPORT 

95 0604256F THREAT SIMULATOR DEVELOPMENT ................................................ 22,812 22,812 

96 0604759F MAJOR T&E INVESTMENT ...................................................................... 42,236 42,236 

97 0605101F RAND PROJECT AIR FORCE ................................................................... 25,579 25,579 

99 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 45,001 

Program increase ................................................................................... [34,950] 

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 

111 1001004F INTERNATIONAL ACTIVITIES ............................................................... 3,851 3,851 

SUBTOTAL, RDT&E MANAGEMENT SUPPORT ................... 1,190,349 1,225,299 

OPERATIONAL SYSTEMS DEVELOPMENT 

112 0603423F GLOBAL POSITIONING SYSTEM III—OPERATIONAL CONTROL 

SEGMENT.

371,595 370,095 

Project decrease ..................................................................................... [–1,500] 

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 35,970 

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 

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 

145 0207325F JOINT AIR-TO-SURFACE STANDOFF MISSILE (JASSM) ................. 7,950 7,950 

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 


smartinez on DSK6TPTVN1PROD with BILLS
1205 

HR 4310 RFS

SEC. 4201. RESEARCH, DEVELOPMENT, TEST AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2013 Request 

House Authorized 

149 0207418F TACTICAL AIRBORNE CONTROL SYSTEMS ....................................... 5,767 5,767 

152 0207431F COMBAT AIR INTELLIGENCE SYSTEM ACTIVITIES ........................ 5,756 5,756 

154 0207444F TACTICAL AIR CONTROL PARTY-MOD ................................................ 16,226 16,226 

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 

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 

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 

231 0401219F KC–10S ......................................................................................................... 24,022 24,022 

232 0401314F OPERATIONAL SUPPORT AIRLIFT ....................................................... 7,471 7,471 

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 

240 0804743F OTHER FLIGHT TRAINING .................................................................... 349 349 

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 


smartinez on DSK6TPTVN1PROD with BILLS
1206 

HR 4310 RFS

SEC. 4201. RESEARCH, DEVELOPMENT, TEST AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2013 Request 

House Authorized 

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 

249A 9999999999 CLASSIFIED PROGRAMS ......................................................................... 11,172,183 11,172,183 

SUBTOTAL, OPERATIONAL SYSTEMS DEVELOPMENT 15,867,972 15,866,472 

TOTAL, RESEARCH, DEVELOPMENT, TEST & EVAL, 

AF.

25,428,046 25,512,996 

RESEARCH, DEVELOPMENT, TEST & EVAL, DW 

BASIC RESEARCH 

1 0601000BR DTRA BASIC RESEARCH INITIATIVE .................................................. 45,071 45,071 

2 0601101E DEFENSE RESEARCH SCIENCES ......................................................... 309,051 309,051 

3 0601110D8Z BASIC RESEARCH INITIATIVES ............................................................ 19,405 19,405 

4 0601117E BASIC OPERATIONAL MEDICAL RESEARCH SCIENCE ................... 39,676 39,676 

5 0601120D8Z NATIONAL DEFENSE EDUCATION PROGRAM .................................. 87,979 87,979 

6 0601384BP CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM ....................... 50,566 50,566 

SUBTOTAL, BASIC RESEARCH ................................................... 551,748 551,748 

APPLIED RESEARCH 

7 0602000D8Z JOINT MUNITIONS TECHNOLOGY ....................................................... 20,615 20,615 

8 0602115E BIOMEDICAL TECHNOLOGY .................................................................. 110,900 110,900 

9 0602228D8Z HISTORICALLY BLACK COLLEGES AND UNIVERSITIES (HBCU) 

SCIENCE.

10,000 

Program increase ................................................................................... [10,000] 

10 0602234D8Z LINCOLN LABORATORY RESEARCH PROGRAM ................................ 36,826 36,826 

11 0602250D8Z SYSTEMS 2020 APPLIED RESEARCH ................................................... 7,898 7,898 

12 0602303E INFORMATION & COMMUNICATIONS TECHNOLOGY ...................... 392,421 392,421 

13 0602304E COGNITIVE COMPUTING SYSTEMS ...................................................... 30,424 30,424 

15 0602383E BIOLOGICAL WARFARE DEFENSE ....................................................... 19,236 19,236 

16 0602384BP CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM ....................... 223,269 223,269 

17 0602663D8Z DATA TO DECISIONS APPLIED RESEARCH ....................................... 13,753 13,753 

18 0602668D8Z CYBER SECURITY RESEARCH ............................................................... 18,985 18,985 

19 0602670D8Z HUMAN, SOCIAL AND CULTURE BEHAVIOR MODELING (HSCB) 

APPLIED RESEARCH.

6,771 6,771 

20 0602702E TACTICAL TECHNOLOGY ........................................................................ 233,209 233,209 

21 0602715E MATERIALS AND BIOLOGICAL TECHNOLOGY .................................. 166,067 166,067 

22 0602716E ELECTRONICS TECHNOLOGY ............................................................... 222,416 222,416 

23 0602718BR WEAPONS OF MASS DESTRUCTION DEFEAT TECHNOLOGIES ... 172,352 172,352 

24 1160401BB SPECIAL OPERATIONS TECHNOLOGY DEVELOPMENT ................. 28,739 28,739 

SUBTOTAL, APPLIED RESEARCH ............................................. 1,703,881 1,713,881 

ADVANCED TECHNOLOGY DEVELOPMENT (ATD) 

25 0603000D8Z JOINT MUNITIONS ADVANCED TECHNOLOGY ................................. 25,612 25,612 

26 0603121D8Z SO/LIC ADVANCED DEVELOPMENT ..................................................... 26,324 26,324 

27 0603122D8Z COMBATING TERRORISM TECHNOLOGY SUPPORT ........................ 77,144 77,144 

28 0603160BR COUNTERPROLIFERATION INITIATIVES—PROLIFERATION 

PREVENTION AND DEFEAT.

275,022 275,022 

29 0603175C BALLISTIC MISSILE DEFENSE TECHNOLOGY ................................. 79,975 79,975 

31 0603225D8Z JOINT DOD-DOE MUNITIONS TECHNOLOGY DEVELOPMENT ..... 20,032 20,032 

32 0603264S AGILE TRANSPORTATION FOR THE 21ST CENTURY (AT21)— 

THEATER CAPABILITY.

3,892 3,892 

33 0603274C SPECIAL PROGRAM—MDA TECHNOLOGY .......................................... 36,685 36,685 

34 0603286E ADVANCED AEROSPACE SYSTEMS ...................................................... 174,316 149,316 

Program decrease ................................................................................... [–25,000] 

35 0603287E SPACE PROGRAMS AND TECHNOLOGY .............................................. 159,704 159,704 

36 0603384BP CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM—ADVANCED 

DEVELOPMENT.

234,280 234,280 

37 0603618D8Z JOINT ELECTRONIC ADVANCED TECHNOLOGY .............................. 6,983 6,983 

38 0603648D8Z JOINT CAPABILITY TECHNOLOGY DEMONSTRATIONS ................. 158,263 158,263 

39 0603662D8Z NETWORKED COMMUNICATIONS CAPABILITIES ............................ 25,393 25,393 

40 0603663D8Z DATA TO DECISIONS ADVANCED TECHNOLOGY DEVELOPMENT.13,754 13,754 

42 0603668D8Z CYBER SECURITY ADVANCED RESEARCH ........................................ 19,935 19,935 

43 0603670D8Z HUMAN, SOCIAL AND CULTURE BEHAVIOR MODELING (HSCB) 

ADVANCED DEVELOPMENT.

8,235 8,235 

44 0603680D8Z DEFENSE-WIDE MANUFACTURING SCIENCE AND TECHNOLOGY PROGRAM.21,966 21,966 

45 0603699D8Z EMERGING CAPABILITIES TECHNOLOGY DEVELOPMENT .......... 24,662 24,662 

47 0603712S GENERIC LOGISTICS R&D TECHNOLOGY DEMONSTRATIONS ..... 24,605 24,605 

48 0603713S DEPLOYMENT AND DISTRIBUTION ENTERPRISE TECHNOLOGY.30,678 30,678 

49 0603716D8Z STRATEGIC ENVIRONMENTAL RESEARCH PROGRAM ................... 65,282 65,282 

50 0603720S MICROELECTRONICS TECHNOLOGY DEVELOPMENT AND SUPPORT.72,234 82,234 

Program increase ................................................................................... [10,000] 

51 0603727D8Z JOINT WARFIGHTING PROGRAM .......................................................... 8,403 8,403 


smartinez on DSK6TPTVN1PROD with BILLS
1207 

HR 4310 RFS

SEC. 4201. RESEARCH, DEVELOPMENT, TEST AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2013 Request 

House Authorized 

52 0603739E ADVANCED ELECTRONICS TECHNOLOGIES ..................................... 111,008 111,008 

54 0603760E COMMAND, CONTROL AND COMMUNICATIONS SYSTEMS ............. 237,859 212,859 

Program reduction ................................................................................. [–25,000] 

55 0603765E CLASSIFIED DARPA PROGRAMS ........................................................... 3,000 3,000 

56 0603766E NETWORK-CENTRIC WARFARE TECHNOLOGY ................................ 236,883 236,883 

57 0603767E SENSOR TECHNOLOGY ........................................................................... 299,438 299,438 

58 0603769SE DISTRIBUTED LEARNING ADVANCED TECHNOLOGY DEVELOPMENT.12,195 12,195 

59 0603781D8Z SOFTWARE ENGINEERING INSTITUTE .............................................. 30,036 30,036 

60 0603826D8Z QUICK REACTION SPECIAL PROJECTS .............................................. 107,002 107,002 

62 0603828J JOINT EXPERIMENTATION .................................................................... 21,230 21,230 

63 0603832D8Z DOD MODELING AND SIMULATION MANAGEMENT OFFICE ........ 47,433 47,433 

64 0603901C DIRECTED ENERGY RESEARCH ........................................................... 46,944 76,944 

Program increase ................................................................................... [30,000] 

65 0603902C NEXT GENERATION AEGIS MISSILE ................................................... 224,077 224,077 

66 0603941D8Z TEST & EVALUATION SCIENCE & TECHNOLOGY ............................. 92,602 92,602 

68 0604055D8Z OPERATIONAL ENERGY CAPABILITY IMPROVEMENT ................... 26,244 26,244 

69 0303310D8Z CWMD SYSTEMS ........................................................................................ 53,946 53,946

70 1160402BB SPECIAL OPERATIONS ADVANCED TECHNOLOGY DEVELOPMENT.45,317 45,317 

71 1160422BB AVIATION ENGINEERING ANALYSIS ................................................... 861 861 

72 1160472BB SOF INFORMATION AND BROADCAST SYSTEMS ADVANCED 

TECHNOLOGY.

4,959 4,959 

SUBTOTAL, ADVANCED TECHNOLOGY DEVELOPMENT 

(ATD).

3,194,413 3,184,413 

ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES 

73 0603161D8Z NUCLEAR AND CONVENTIONAL PHYSICAL SECURITY EQUIPMENT RDT&E ADC&P.33,234 33,234 

74 0603527D8Z RETRACT LARCH ...................................................................................... 21,023 21,023 

75 0603600D8Z WALKOFF .................................................................................................... 94,624 94,624 

77 0603714D8Z ADVANCED SENSOR APPLICATIONS PROGRAM ............................... 16,958 16,958 

78 0603851D8Z ENVIRONMENTAL SECURITY TECHNICAL CERTIFICATION 

PROGRAM.

75,941 75,941 

79 0603881C BALLISTIC MISSILE DEFENSE TERMINAL DEFENSE SEGMENT 316,929 316,929 

80 0603882C BALLISTIC MISSILE DEFENSE MIDCOURSE DEFENSE SEGMENT.903,172 1,363,172 

East Coast site planning and development, and EIS work ................... [103,000] 

Program increase ................................................................................... [357,000] 

81 0603884BP CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM—DEM/VAL .. 179,023 179,023 

82 0603884C BALLISTIC MISSILE DEFENSE SENSORS .......................................... 347,012 347,012 

84 0603890C BMD ENABLING PROGRAMS .................................................................. 362,711 362,711 

85 0603891C SPECIAL PROGRAMS—MDA .................................................................... 272,387 272,387 

86 0603892C AEGIS BMD ................................................................................................. 992,407 992,407 

87 0603893C SPACE TRACKING & SURVEILLANCE SYSTEM ................................. 51,313 51,313 

88 0603895C BALLISTIC MISSILE DEFENSE SYSTEM SPACE PROGRAMS ........ 6,912 6,912 

89 0603896C BALLISTIC MISSILE DEFENSE COMMAND AND CONTROL, BATTLE MANAGEMENT & COMMUNICATION.366,552 366,552 

90 0603898C BALLISTIC MISSILE DEFENSE JOINT WARFIGHTER SUPPORT 55,550 55,550 

91 0603904C MISSILE DEFENSE INTEGRATION & OPERATIONS CENTER 

(MDIOC).

63,043 63,043 

92 0603906C REGARDING TRENCH .............................................................................. 11,371 11,371 

93 0603907C SEA BASED X-BAND RADAR (SBX) ...................................................... 9,730 9,730 

94 0603913C ISRAELI COOPERATIVE PROGRAMS .................................................... 99,836 267,836 

Increase to DSWS, ASIP, Arrow-3 cooperative programs .................... [168,000] 

95 0603914C BALLISTIC MISSILE DEFENSE TEST .................................................. 454,400 454,400 

96 0603915C BALLISTIC MISSILE DEFENSE TARGETS .......................................... 435,747 435,747 

97 0603920D8Z HUMANITARIAN DEMINING ................................................................... 13,231 13,231 

98 0603923D8Z COALITION WARFARE ............................................................................. 11,398 11,398 

99 0604016D8Z DEPARTMENT OF DEFENSE CORROSION PROGRAM ..................... 3,283 3,283 

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 

104 0604787J JOINT SYSTEMS INTEGRATION ............................................................ 3,273 3,273 

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 50,000 

Project decrease to support technology development ............................. [–247,375] 

111 0604886C ADVANCED REMOTE SENSOR TECHNOLOGY (ARST) ..................... 58,742 58,742 

113 0303191D8Z JOINT ELECTROMAGNETIC TECHNOLOGY (JET) PROGRAM ....... 3,158 3,158 

SUBTOTAL, ADVANCED COMPONENT DEVELOPMENT 

& PROTOTYPES.

6,282,166 6,662,791 

SYSTEM DEVELOPMENT AND DEMONSTRATION (SDD) 

115 0604161D8Z NUCLEAR AND CONVENTIONAL PHYSICAL SECURITY EQUIPMENT RDT&E SDD.6,817 6,817 


smartinez on DSK6TPTVN1PROD with BILLS
1208 

HR 4310 RFS

SEC. 4201. RESEARCH, DEVELOPMENT, TEST AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2013 Request 

House Authorized 

116 0604165D8Z PROMPT GLOBAL STRIKE CAPABILITY DEVELOPMENT .............. 110,383 110,383 

117 0604384BP CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM—EMD ........... 311,071 311,071 

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 

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 

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 

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 

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 

152 0605384BP CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM ....................... 92,849 92,849 

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 

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 15,110 

166 0605898E MANAGEMENT HQ—R&D ........................................................................ 69,767 69,767 

167 0606100D8Z BUDGET AND PROGRAM ASSESSMENTS ............................................ 4,454 4,454 

169 0203345D8Z DEFENSE OPERATIONS SECURITY INITIATIVE (DOSI) ................. 2,637 2,637 

174 0303166J SUPPORT TO INFORMATION OPERATIONS (IO) CAPABILITIES .. 8,238 8,238 

176 0305103E CYBER SECURITY INITIATIVE .............................................................. 1,801 1,801 

177 0305193D8Z INTELLIGENCE SUPPORT TO INFORMATION OPERATIONS (IO) 16,041 16,041 

180 0804767D8Z COCOM EXERCISE ENGAGEMENT AND TRAINING TRANSFORMATION (CE2T2).77,475 77,475 

182 0901598C MANAGEMENT HQ—MDA ....................................................................... 34,855 34,855 

183 0901598D8W MANAGEMENT HEADQUARTERS WHS ................................................ 104 104 

184A 9999999999 CLASSIFIED PROGRAMS ......................................................................... 64,255 64,255 

SUBTOTAL, RDT&E MANAGEMENT SUPPORT ................... 887,928 887,928 

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 

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 


smartinez on DSK6TPTVN1PROD with BILLS
1209 

HR 4310 RFS

SEC. 4201. RESEARCH, DEVELOPMENT, TEST AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2013 Request 

House Authorized 

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 ............................... 191,452 241,452 

Program increase ................................................................................... [50,000] 

211 0303150K GLOBAL COMMAND AND CONTROL SYSTEM .................................... 36,575 46,575 

Program increase ................................................................................... [10,000] 

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 

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 

Program increase ................................................................................... [600] 

235 0305208K DISTRIBUTED COMMON GROUND/SURFACE SYSTEMS ................. 3,247 3,247 

237 0305219BB MQ–1 PREDATOR A UAV .......................................................................... 1,355 1,355 

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 

253 1105219BB MQ–9 UAV .................................................................................................... 3,002 3,002 

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 61,405 

Program increase ................................................................................... [35,000] 

273 1160484BB SOF SURFACE CRAFT .............................................................................. 8,573 8,573 

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 3,774,416

Program increases .................................................................................. [10,000] 

Program increases .................................................................................. [9,900] 

SUBTOTAL, OPERATIONAL SYSTEMS DEVELOPMENT 4,667,738 4,783,238 

TOTAL, RESEARCH, DEVELOPMENT, TEST & EVAL, 

DW.

17,982,161 18,478,286 

OPERATIONAL TEST & EVAL, DEFENSE 

RDT&E MANAGEMENT SUPPORT 

1 0605118OTE OPERATIONAL TEST AND EVALUATION ............................................ 72,501 107,501 

Program increase for DOT&E cyber—range operations ....................... [25,000] 

Program increase for DOT&E cyber—threat development and assessment.[10,000] 

2 0605131OTE LIVE FIRE TEST AND EVALUATION ................................................... 49,201 49,201 

3 0605814OTE OPERATIONAL TEST ACTIVITIES AND ANALYSES ......................... 63,566 63,566 

SUBTOTAL, RDT&E MANAGEMENT SUPPORT ................... 185,268 220,268 

TOTAL, OPERATIONAL TEST & EVAL, DEFENSE ...... 185,268 220,268 

TOTAL RDT&E ............................................................................ 69,407,767 70,387,256 


smartinez on DSK6TPTVN1PROD with BILLS
1210 

HR 4310 RFS

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 

House 

Authorized 

RESEARCH, DEVELOPMENT, TEST & EVAL, ARMY 

ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES 

60 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 

56 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 

APPLIED RESEARCH 

9 0602228D8Z HISTORICALLY BLACK COLLEGES AND UNIVERSITIES (HBCU) 

SCIENCE.

10,000 

Program increase ................................................................................... [10,000] 

SUBTOTAL, APPLIED RESEARCH ............................................. 10,000 

ADVANCED TECHNOLOGY DEVELOPMENT (ATD) 

27 0603122D8Z COMBATING TERRORISM TECHNOLOGY SUPPORT ........................ 25,000 

Program increase ................................................................................... [25,000] 

SUBTOTAL, ADVANCED TECHNOLOGY DEVELOPMENT 

(ATD).

25,000 

ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES.

94 0603913C ISRAELI COOPERATIVE PROGRAMS .................................................... 680,000 

Iron Dome .............................................................................................. [680,000] 

102 0604775D8Z DEFENSE RAPID INNOVATION PROGRAM ......................................... 200,000 

Program increase ................................................................................... [200,000] 

SUBTOTAL, ADVANCED COMPONENT DEVELOPMENT 

& PROTOTYPES.

880,000 

OPERATIONAL SYSTEMS DEVELOPMENT 

239 0305231BB MQ–8 UAV .................................................................................................... 5,000 5,000 

276A 9999999999 CLASSIFIED PROGRAMS ......................................................................... 107,387 107,387 


smartinez on DSK6TPTVN1PROD with BILLS
1211 

HR 4310 RFS

SEC. 4202. RESEARCH, DEVELOPMENT, TEST AND EVALUATION FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2013 Request 

House Authorized 

SUBTOTAL, OPERATIONAL SYSTEMS DEVELOPMENT 112,387 112,387 

TOTAL, RESEARCH, DEVELOPMENT, TEST & EVAL, 

DW.

112,387 1,027,387 

TOTAL RDT&E ............................................................................ 245,516 1,160,516 

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 

House 

Authorized 

OPERATION & MAINTENANCE, ARMY 

OPERATING FORCES 

10 MANEUVER UNITS ..................................................................... 1,223,087 1,223,087 

20 MODULAR SUPPORT BRIGADES ............................................. 80,574 80,574 

30 ECHELONS ABOVE BRIGADE .................................................. 723,039 723,039 

40 THEATER LEVEL ASSETS ........................................................ 706,974 706,974 

50 LAND FORCES OPERATIONS SUPPORT ............................... 1,226,650 1,226,650 

60 AVIATION ASSETS ...................................................................... 1,319,832 1,319,832 

70 FORCE READINESS OPERATIONS SUPPORT ...................... 3,447,174 3,447,174 

80 LAND FORCES SYSTEMS READINESS .................................. 454,774 454,774 

90 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 3,234,674 

Realignment to Cemeterial Expenses, Army ........................... [–25,000] 

Restoration and Modernization of Facilities ........................... [218,600] 

120 MANAGEMENT AND OPERATIONAL HQ’S ............................ 410,171 410,171 

130 COMBATANT COMMANDERS CORE OPERATIONS .............. 177,819 177,819 

170 COMBATANT COMMANDERS ANCILLARY MISSIONS ........ 461,333 461,333 

SUBTOTAL, OPERATING FORCES .......................... 22,436,871 22,630,471 

MOBILIZATION 

180 STRATEGIC MOBILITY .............................................................. 405,496 405,496 

190 ARMY PREPOSITIONING STOCKS ........................................... 195,349 195,349 

200 INDUSTRIAL PREPAREDNESS ................................................ 6,379 6,379 

SUBTOTAL, MOBILIZATION ...................................... 607,224 607,224 

TRAINING AND RECRUITING 

210 OFFICER ACQUISITION ............................................................. 112,866 112,866 

220 RECRUIT TRAINING ................................................................... 73,265 73,265 

230 ONE STATION UNIT TRAINING .............................................. 51,227 51,227 

240 SENIOR RESERVE OFFICERS 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 


smartinez on DSK6TPTVN1PROD with BILLS
1212 

HR 4310 RFS

SEC. 4301. OPERATION AND MAINTENANCE 

(In Thousands of Dollars) 

Line Item FY 2013 

Request 

House Authorized 

390 ADMINISTRATION ...................................................................... 556,307 556,307 

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 1,150,509 

Army Museum Funding (Early to need) ................................. [–3,047] 

440 ARMY CLAIMS ACTIVITIES ...................................................... 250,970 250,970 

450 REAL ESTATE MANAGEMENT ................................................ 222,351 222,351 

460 BASE OPERATIONS SUPPORT ................................................. 222,379 222,379 

470 SUPPORT OF NATO OPERATIONS .......................................... 459,710 459,710 

480 MISC. SUPPORT OF OTHER NATIONS ................................... 25,637 25,637 

490 CLASSIFIED PROGRAMS ........................................................... 1,052,595 1,052,595 

SUBTOTAL, ADMIN & SRVWIDE ACTIVITIES .... 8,505,887 8,502,840 

UNDISTRIBUTED ADJUSTMENTS 

500 UNDISTRIBUTED ADJUSTMENTS ......................................... –350,700 

Army Medical Evacuation Paramedic Certification Training [5,000] 

Historical unobligated balances ............................................... [–289,200] 

Overestimate of Foreign Currency Fluctuation Costs ............ [–66,500] 

SUBTOTAL, UNDISTRIBUTED ADJUSTMENTS –350,700 

TOTAL, OPERATION & MAINTENANCE, 

ARMY ............................................................................ 36,608,592 36,448,445 

OPERATION & MAINTENANCE, NAVY 

OPERATING FORCES 

10 MISSION AND OTHER FLIGHT OPERATIONS ..................... 4,918,144 4,927,144 

Cruiser Retention .................................................................... [9,000] 

20 FLEET AIR TRAINING ............................................................... 1,886,825 1,886,825 

30 AVIATION TECHNICAL DATA & ENGINEERING SERVICES ............................................................................................ 44,032 44,032 

40 AIR OPERATIONS AND SAFETY SUPPORT .......................... 101,565 101,565 

50 AIR SYSTEMS SUPPORT ........................................................... 374,827 374,827 

60 AIRCRAFT DEPOT MAINTENANCE ........................................ 960,802 960,802 

70 AIRCRAFT DEPOT OPERATIONS SUPPORT ......................... 37,545 37,545 

80 AVIATION LOGISTICS ................................................................ 328,805 328,805 

90 MISSION AND OTHER SHIP OPERATIONS ........................... 4,686,535 4,711,185 

Cruiser Retention .................................................................... [24,650] 

100 SHIP OPERATIONS SUPPORT & TRAINING .......................... 769,204 769,204 

110 SHIP DEPOT MAINTENANCE .................................................. 5,089,981 5,157,944 

Cruiser Retention .................................................................... [67,963] 

120 SHIP DEPOT OPERATIONS SUPPORT ................................... 1,315,366 1,329,237 

Cruiser Retention .................................................................... [13,871] 

130 COMBAT COMMUNICATIONS ................................................... 619,909 619,909 

140 ELECTRONIC WARFARE ........................................................... 92,364 92,364 

150 SPACE SYSTEMS AND SURVEILLANCE ................................ 174,437 174,437 

160 WARFARE TACTICS .................................................................... 441,035 441,035 

170 OPERATIONAL METEOROLOGY AND 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 2,155,879 

Restoration and Modernization of Facilities ........................... [54,600] 

300 BASE OPERATING SUPPORT ................................................... 4,822,093 4,822,093 

SUBTOTAL, OPERATING FORCES .......................... 33,758,297 33,928,381 

MOBILIZATION 

310 SHIP PREPOSITIONING AND SURGE .................................... 334,659 334,659 

320 AIRCRAFT ACTIVATIONS/INACTIVATIONS .......................... 6,562 6,562 

330 SHIP ACTIVATIONS/INACTIVATIONS .................................... 1,066,329 587,329 

Cruiser Retention .................................................................... [–9,000] 


smartinez on DSK6TPTVN1PROD with BILLS
1213 

HR 4310 RFS

SEC. 4301. OPERATION AND MAINTENANCE 

(In Thousands of Dollars) 

Line Item FY 2013 

Request 

House Authorized 

Fiscal year 2013 portion of USS ENTERPRISE Inactivation Costs ............................................................................. [–470,000] 

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 1,038,648 

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 .......................................... 241,329 242,267 

Naval Sea Cadet Corps ........................................................... [938] 

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 1,717,368 

ADMIN & SRVWD ACTIVITIES 

480 ADMINISTRATION ...................................................................... 797,177 797,177 

490 EXTERNAL RELATIONS ............................................................ 12,872 12,872 

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 

550 SERVICEWIDE TRANSPORTATION ........................................ 182,343 182,343 

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 

710 CLASSIFIED PROGRAMS ........................................................... 537,079 537,079 

SUBTOTAL, ADMIN & SRVWD ACTIVITIES ........ 4,614,568 4,614,568 

UNDISTRIBUTED ADJUSTMENTS 

720 UNDISTRIBUTED ADJUSTMENTS ......................................... –166,400 

Historical unobligated balances ............................................... [–166,400] 

SUBTOTAL, UNDISTRIBUTED ADJUSTMENTS –166,400 

TOTAL, OPERATION & MAINTENANCE, 

NAVY ............................................................................. 41,606,943 41,132,565 

OPERATION & MAINTENANCE, MARINE CORPS 

OPERATING FORCES 

10 OPERATIONAL FORCES ............................................................ 788,055 788,055 

20 FIELD LOGISTICS ...................................................................... 762,614 762,614 

30 DEPOT MAINTENANCE ............................................................. 168,447 168,447 

40 MARITIME PREPOSITIONING .................................................. 100,374 100,374 

50 SUSTAINMENT, RESTORATION & MODERNIZATION ........ 825,039 847,839 

Restoration and Modernization of Facilities ........................... [22,800] 

60 BASE OPERATING SUPPORT ................................................... 2,188,883 2,188,883 

SUBTOTAL, OPERATING FORCES .......................... 4,833,412 4,856,212 

TRAINING AND RECRUITING 

70 RECRUIT TRAINING ................................................................... 18,251 18,251 

80 OFFICER ACQUISITION ............................................................. 869 869 

90 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 .......................................... 168,609 178,609 

Recruiting and advertising ...................................................... [10,000] 

130 OFF-DUTY AND VOLUNTARY EDUCATION ......................... 56,865 56,865 

140 JUNIOR ROTC .............................................................................. 19,912 19,912 


smartinez on DSK6TPTVN1PROD with BILLS
1214 

HR 4310 RFS

SEC. 4301. OPERATION AND MAINTENANCE 

(In Thousands of Dollars) 

Line Item FY 2013 

Request 

House Authorized 

SUBTOTAL, TRAINING AND RECRUITING ......... 680,314 690,314 

ADMIN & SRVWD ACTIVITIES 

150 SERVICEWIDE TRANSPORTATION ........................................ 39,962 39,962 

170 ACQUISITION AND PROGRAM MANAGEMENT .................... 83,404 83,404 

190 CLASSIFIED PROGRAMS ........................................................... 346,071 346,071 

SUBTOTAL, ADMIN & SRVWD ACTIVITIES ........ 469,437 469,437 

UNDISTRIBUTED ADJUSTMENTS 

200 UNDISTRIBUTED ADJUSTMENTS ......................................... –23,900 

Historical unobligated balances ............................................... [–23,900] 

SUBTOTAL, UNDISTRIBUTED ADJUSTMENTS –23,900 

TOTAL, OPERATION & MAINTENANCE, MARINE CORPS .............................................................. 5,983,163 5,992,063 

OPERATION & MAINTENANCE, AIR FORCE 

OPERATING FORCES 

10 PRIMARY COMBAT FORCES ..................................................... 2,973,141 2,973,141 

20 COMBAT ENHANCEMENT FORCES ........................................ 1,611,032 1,744,032 

Global Hawk Block 30 ............................................................ [133,000] 

30 AIR OPERATIONS TRAINING (OJT, MAINTAIN SKILLS) ... 1,472,806 1,472,806 

40 DEPOT MAINTENANCE ............................................................. 5,545,470 5,545,470 

50 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION ............................................................................ 1,353,987 1,569,487 

Restoration and Modernization of Facilities ........................... [215,500] 

60 BASE SUPPORT ........................................................................... 2,595,032 2,595,032 

70 GLOBAL C3I AND EARLY WARNING ...................................... 957,040 957,040 

80 OTHER COMBAT OPS SPT PROGRAMS .................................. 916,200 916,200 

100 TACTICAL INTEL AND OTHER SPECIAL ACTIVITIES ...... 733,716 733,716 

110 LAUNCH FACILITIES ................................................................. 314,490 314,490 

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 20,395,584 

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 

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 


smartinez on DSK6TPTVN1PROD with BILLS
1215 

HR 4310 RFS

SEC. 4301. OPERATION AND MAINTENANCE 

(In Thousands of Dollars) 

Line Item FY 2013 

Request 

House Authorized 

410 ADMINISTRATION ...................................................................... 587,654 587,654 

420 SERVICEWIDE COMMUNICATIONS ........................................ 667,910 667,910 

430 OTHER SERVICEWIDE ACTIVITIES ....................................... 1,094,509 1,094,509 

440 CIVIL AIR PATROL ..................................................................... 23,904 23,904 

470 INTERNATIONAL SUPPORT ..................................................... 81,307 81,307 

480 CLASSIFIED PROGRAMS ........................................................... 1,239,040 1,239,040 

SUBTOTAL, ADMIN & SRVWD ACTIVITIES ........ 7,208,311 7,208,311 

UNDISTRIBUTED ADJUSTMENTS 

490 UNDISTRIBUTED ADJUSTMENTS ......................................... –43,700 

Historical unobligated balances ............................................... [–141,700] 

Overestimate of Foreign Currency Fluctuation Costs ............ [–32,000] 

Retain Air Force Force Structure ........................................... [130,000] 

SUBTOTAL, UNDISTRIBUTED ADJUSTMENTS –43,700 

TOTAL, OPERATION & MAINTENANCE, AIR 

FORCE .......................................................................... 35,435,360 35,740,160 

OPERATION & MAINTENANCE, DEFENSE-WIDE 

OPERATING FORCES 

10 JOINT CHIEFS OF STAFF ........................................................ 485,708 485,708 

20 SPECIAL OPERATIONS COMMAND ......................................... 5,091,001 

Transfer from line 025 ............................................................ [5,091,001] 

25 CLASSIFIED PROGRAMS ........................................................... 5,091,001 0 

Transfer to Line 020 ............................................................... [–5,091,001] 

SUBTOTAL, OPERATING FORCES .......................... 5,576,709 5,576,709 

TRAINING AND RECRUITING 

30 DEFENSE ACQUISITION UNIVERSITY .................................. 147,210 144,710 

Program decrease .................................................................... [–2,500] 

40 NATIONAL DEFENSE UNIVERSITY ....................................... 84,999 82,499 

Program decrease .................................................................... [–2,500] 

SUBTOTAL, TRAINING AND RECRUITING ......... 232,209 227,209 

ADMIN & SRVWD ACTIVITIES 

50 CIVIL MILITARY PROGRAMS ................................................... 161,294 161,294 

80 DEFENSE CONTRACT AUDIT AGENCY ................................. 573,973 573,973 

90 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 ................... 557,917 557,917 

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 .................................. 253,437 253,437 

260 OFFICE OF THE SECRETARY OF DEFENSE ....................... 2,095,362 2,135,362 

Advancing Diversity and EO ................................................... [5,000] 

Office of Net Assessment ........................................................ [10,000] 

Readiness Environmental Protection Initiative ....................... [25,000] 

270 WASHINGTON HEADQUARTERS SERVICE ........................... 521,297 521,297 

280 CLASSIFIED PROGRAMS ........................................................... 14,933,801 14,045,757 

Program increase ..................................................................... [62,000] 

Transfer to Line 190 ............................................................... [–506,662] 

Transfer to Line 210 ............................................................... [–443,382] 

SUBTOTAL, ADMIN & SRVWD ACTIVITIES ........ 26,184,095 26,286,095 

UNDISTRIBUTED ADJUSTMENTS 

290 UNDISTRIBUTED ADJUSTMENTS ......................................... –107,700 

DOD Impact Aid ..................................................................... [30,000] 

Historical unobligated balances ............................................... [–128,000] 

Overestimate of Foreign Currency Fluctuation Costs ............ [–9,700] 


smartinez on DSK6TPTVN1PROD with BILLS
1216 

HR 4310 RFS

SEC. 4301. OPERATION AND MAINTENANCE 

(In Thousands of Dollars) 

Line Item FY 2013 

Request 

House Authorized 

SUBTOTAL, UNDISTRIBUTED ADJUSTMENTS –107,700 

TOTAL, OPERATION & MAINTENANCE, DEFENSE-WIDE .............................................................. 31,993,013 31,982,313 

OPERATION & MAINTENANCE, ARMY RES 

OPERATING FORCES 

10 MANEUVER UNITS ..................................................................... 1,391 1,391 

20 MODULAR SUPPORT BRIGADES ............................................. 20,889 20,889 

30 ECHELONS ABOVE BRIGADE .................................................. 592,724 592,724 

40 THEATER LEVEL ASSETS ........................................................ 114,983 114,983 

50 LAND FORCES OPERATIONS SUPPORT ............................... 633,091 633,091 

60 AVIATION ASSETS ...................................................................... 76,823 76,823 

70 FORCE READINESS OPERATIONS SUPPORT ...................... 481,997 481,997 

80 LAND FORCES SYSTEMS READINESS .................................. 70,118 70,118 

90 LAND FORCES DEPOT MAINTENANCE ................................ 141,205 141,205 

100 BASE OPERATIONS SUPPORT ................................................. 561,878 561,878 

110 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION ............................................................................ 287,399 308,099 

Restoration and Modernization of Facilities ........................... [20,700] 

120 MANAGEMENT AND OPERATIONAL HQ’S ............................ 52,431 52,431 

SUBTOTAL, OPERATING FORCES .......................... 3,034,929 3,055,629 

ADMIN & SRVWD ACTIVITIES 

140 SERVICEWIDE TRANSPORTATION ........................................ 12,995 12,995 

150 ADMINISTRATION ...................................................................... 32,432 32,432 

160 SERVICEWIDE COMMUNICATIONS ........................................ 4,895 4,895 

170 MANPOWER MANAGEMENT ..................................................... 16,074 16,074 

180 RECRUITING AND ADVERTISING .......................................... 60,683 60,683 

SUBTOTAL, ADMIN & SRVWD ACTIVITIES ........ 127,079 127,079 

UNDISTRIBUTED ADJUSTMENTS 

190 UNDISTRIBUTED ADJUSTMENTS ......................................... 1,100 

Army Medical Evacuation Paramedic Certification Training [5,000] 

Deny request of increase for technicians ................................ [–3,900] 

SUBTOTAL, UNDISTRIBUTED ADJUSTMENTS 1,100 

TOTAL, OPERATION & MAINTENANCE, 

ARMY RES .................................................................. 3,162,008 3,183,808 

OPERATION & MAINTENANCE, NAVY RES 

OPERATING FORCES 

10 MISSION AND OTHER FLIGHT OPERATIONS ..................... 616,776 616,776 

20 INTERMEDIATE MAINTENANCE ............................................ 15,076 15,076 

30 AIR OPERATIONS AND SAFETY SUPPORT .......................... 1,479 1,479 

40 AIRCRAFT DEPOT MAINTENANCE ........................................ 107,251 107,251 

50 AIRCRAFT DEPOT OPERATIONS SUPPORT ......................... 355 355 

60 MISSION AND OTHER SHIP OPERATIONS ........................... 82,186 82,186 

70 SHIP OPERATIONS SUPPORT & TRAINING .......................... 589 589 

80 SHIP DEPOT MAINTENANCE .................................................. 48,593 48,593 

90 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 


smartinez on DSK6TPTVN1PROD with BILLS
1217 

HR 4310 RFS

SEC. 4301. OPERATION AND MAINTENANCE 

(In Thousands of Dollars) 

Line Item FY 2013 

Request 

House Authorized 

OPERATING FORCES 

10 OPERATING FORCES ................................................................. 89,690 89,690 

20 DEPOT MAINTENANCE ............................................................. 16,735 16,735 

30 SUSTAINMENT, RESTORATION AND MODERNIZATION .. 37,913 37,913 

40 BASE OPERATING SUPPORT ................................................... 103,746 103,746 

SUBTOTAL, OPERATING FORCES .......................... 248,084 248,084 

ADMIN & SRVWD ACTIVITIES 

50 SERVICEWIDE TRANSPORTATION ........................................ 873 873 

60 ADMINISTRATION ...................................................................... 14,330 14,330 

70 RECRUITING AND ADVERTISING .......................................... 8,998 8,998 

SUBTOTAL, ADMIN & SRVWD ACTIVITIES ........ 24,201 24,201 

TOTAL, OPERATION & MAINTENANCE, MC 

RESERVE .................................................................... 272,285 272,285 

OPERATION & MAINTENANCE, AF RESERVE 

OPERATING FORCES 

10 PRIMARY COMBAT FORCES ..................................................... 2,089,326 2,089,326 

20 MISSION SUPPORT OPERATIONS ........................................... 112,992 112,992 

30 DEPOT MAINTENANCE ............................................................. 406,101 406,101 

40 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION ............................................................................ 71,564 78,264 

Restoration and Modernization of Facilities ........................... [6,700] 

50 BASE SUPPORT ........................................................................... 364,862 364,862 

SUBTOTAL, OPERATING FORCES .......................... 3,044,845 3,051,545 

ADMIN & SRVWD ACTIVITIES 

60 ADMINISTRATION ...................................................................... 78,824 78,824 

70 RECRUITING AND ADVERTISING .......................................... 16,020 16,020 

80 MILITARY MANPOWER AND PERS MGMT (ARPC) ............. 19,496 19,496 

90 OTHER PERS SUPPORT (DISABILITY COMP) ..................... 6,489 6,489 

100 AUDIOVISUAL .............................................................................. 808 808 

SUBTOTAL, ADMIN & SRVWD ACTIVITIES ........ 121,637 121,637 

UNDISTRIBUTED ADJUSTMENTS 

110 UNDISTRIBUTED ADJUSTMENTS ......................................... 161,617 

Retain Air Force Reserve Force Structure ............................. [161,617] 

SUBTOTAL, UNDISTRIBUTED ADJUSTMENTS 161,617 

TOTAL, OPERATION & MAINTENANCE, AF 

RESERVE .................................................................... 3,166,482 3,334,799 

OPERATION & MAINTENANCE, ARNG 

OPERATING FORCES 

10 MANEUVER UNITS ..................................................................... 680,206 680,206 

20 MODULAR SUPPORT BRIGADES ............................................. 186,408 186,408 

30 ECHELONS ABOVE BRIGADE .................................................. 865,628 865,628 

40 THEATER LEVEL ASSETS ........................................................ 112,651 112,651 

50 LAND FORCES OPERATIONS SUPPORT ............................... 36,091 36,091 

60 AVIATION ASSETS ...................................................................... 907,011 907,011 

70 FORCE READINESS OPERATIONS SUPPORT ...................... 751,606 751,606 

80 LAND FORCES SYSTEMS READINESS .................................. 60,043 60,043 

90 LAND FORCES DEPOT MAINTENANCE ................................ 411,940 411,940 

100 BASE OPERATIONS SUPPORT ................................................. 995,423 995,423 

110 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION ............................................................................ 688,189 737,589 

Restoration and Modernization of Facilities ........................... [49,400] 

120 MANAGEMENT AND OPERATIONAL HQ’S ............................ 953,716 953,716 

SUBTOTAL, OPERATING FORCES .......................... 6,648,912 6,698,312 

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 


smartinez on DSK6TPTVN1PROD with BILLS
1218 

HR 4310 RFS

SEC. 4301. OPERATION AND MAINTENANCE 

(In Thousands of Dollars) 

Line Item FY 2013 

Request 

House Authorized 

UNDISTRIBUTED ADJUSTMENTS 

190 UNDISTRIBUTED ADJUSTMENTS ......................................... –79,700 

Army Medical Evacuation Paramedic Certification Training [5,000] 

Deny request of increase for technicians ................................ [–95,000] 

Retain Army National Guard Force Structure ....................... [10,300] 

SUBTOTAL, UNDISTRIBUTED ADJUSTMENTS –79,700 

TOTAL, OPERATION & MAINTENANCE, 

ARNG ............................................................................ 7,108,612 7,078,312 

OPERATION & MAINTENANCE, ANG 

OPERATING FORCES 

10 AIRCRAFT OPERATIONS ........................................................... 3,559,824 3,563,329 

Aerospace Control Alert .......................................................... [3,505] 

20 MISSION SUPPORT OPERATIONS ........................................... 721,225 721,225 

30 DEPOT MAINTENANCE ............................................................. 774,875 774,875 

40 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION ............................................................................ 270,709 295,409 

Restoration and Modernization of Facilities ........................... [24,700] 

50 BASE SUPPORT ........................................................................... 624,443 624,443 

SUBTOTAL, OPERATING FORCES .......................... 5,951,076 5,979,281 

ADMIN & SRVWD ACTIVITIES 

60 ADMINISTRATION ...................................................................... 32,358 32,358 

70 RECRUITING AND ADVERTISING .......................................... 32,021 32,021 

SUBTOTAL, ADMIN & SRVWD ACTIVITIES ........ 64,379 64,379 

UNDISTRIBUTED ADJUSTMENTS 

80 UNDISTRIBUTED ADJUSTMENTS ......................................... 286,800 

Retain Air National Guard Force Structure ........................... [286,800] 

SUBTOTAL, UNDISTRIBUTED ADJUSTMENTS 286,800 

TOTAL, OPERATION & MAINTENANCE, ANG 6,015,455 6,330,460 

MISCELLANEOUS APPROPRIATIONS 

MISCELLANEOUS APPROPRIATIONS 

20 OVERSEAS HUMANITARIAN, DISASTER AND CIVIC AID 108,759 108,759 

30 COOPERATIVE THREAT REDUCTION ................................... 519,111 519,111 

40 ACQ WORKFORCE DEV FD ....................................................... 274,198 274,198 

50 ENVIRONMENTAL RESTORATION, ARMY ............................ 335,921 335,921 

SUBTOTAL, MISCELLANEOUS APPROPRIATIONS ............................................................................... 1,237,989 1,237,989 

MISCELLANEOUS APPROPRIATIONS 

60 ENVIRONMENTAL RESTORATION, NAVY ............................. 310,594 310,594 

SUBTOTAL, MISCELLANEOUS APPROPRIATIONS ............................................................................... 310,594 310,594 

MISCELLANEOUS APPROPRIATIONS 

70 ENVIRONMENTAL RESTORATION, AIR FORCE .................. 529,263 529,263 

SUBTOTAL, MISCELLANEOUS APPROPRIATIONS ............................................................................... 529,263 529,263 

MISCELLANEOUS APPROPRIATIONS 

10 US COURT OF APPEALS FOR THE ARMED FORCES, DEFENSE ....................................................................................... 13,516 13,516 

80 ENVIRONMENTAL RESTORATION, DEFENSE .................... 11,133 11,133 

SUBTOTAL, MISCELLANEOUS APPROPRIATIONS ............................................................................... 24,649 24,649 

MISCELLANEOUS APPROPRIATIONS 

90 ENVIRONMENTAL RESTORATION FORMERLY USED 

SITES ......................................................................................... 237,543 237,543 

SUBTOTAL, MISCELLANEOUS APPROPRIATIONS ............................................................................... 237,543 237,543 

TOTAL, MISCELLANEOUS APPROPRIATIONS ........................................................................... 2,340,038 2,340,038 


smartinez on DSK6TPTVN1PROD with BILLS
1219 

HR 4310 RFS

SEC. 4301. OPERATION AND MAINTENANCE 

(In Thousands of Dollars) 

Line Item FY 2013 

Request 

House Authorized 

TOTAL, OPERATION & MAINTENANCE ........... 174,938,933 175,082,230 

1 SEC. 4302. OPERATION AND MAINTENANCE FOR OVERSEAS 

2 CONTINGENCY OPERATIONS. 

SEC. 4302. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Line Item FY 2013 

Request 

House 

Authorized 

OPERATION & MAINTENANCE, ARMY 

OPERATING FORCES 

40 THEATER LEVEL ASSETS ....................................................................... 2,758,162 2,758,162 

50 LAND FORCES OPERATIONS SUPPORT ............................................... 991,396 991,396 

60 AVIATION ASSETS ..................................................................................... 40,300 40,300 

70 FORCE READINESS OPERATIONS SUPPORT ...................................... 1,755,445 1,755,445 

80 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 12,395,137 

Reduction to Task Force for Business and Stability Operations ........... [–129,000] 

150 COMMANDERS EMERGENCY RESPONSE PROGRAM ......................... 400,000 200,000 

Historical underexecution ....................................................................... [–200,000] 

160 RESET ........................................................................................................... 3,687,973 3,437,973 

Unexecutable depot-level maintenance .................................................... [–250,000] 

SUBTOTAL, OPERATING FORCES ......................................... 23,107,822 22,528,822 

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 .............................................................. 137,277 137,277 

430 OTHER SERVICE SUPPORT ..................................................................... 72,293 72,293 

490 CLASSIFIED PROGRAMS .......................................................................... 1,828,717 1,828,717 

SUBTOTAL, ADMIN & SRVWIDE ACTIVITIES ................... 5,483,619 5,483,619 

UNDISTRIBUTED ADJUSTMENTS 

500 UNDISTRIBUTED ADJUSTMENTS ......................................................... –179,700 

Historical unobligated balances .............................................................. [–179,700] 

SUBTOTAL, UNDISTRIBUTED ADJUSTMENTS ................ –179,700 

TOTAL, OPERATION & MAINTENANCE, ARMY ............ 28,591,441 27,832,741 

OPERATION & MAINTENANCE, NAVY 

OPERATING FORCES 

10 MISSION AND OTHER FLIGHT OPERATIONS ..................................... 937,098 937,098 

30 AVIATION TECHNICAL DATA & ENGINEERING SERVICES ............ 1,000 1,000 

40 AIR OPERATIONS AND SAFETY SUPPORT .......................................... 15,794 15,794 

50 AIR SYSTEMS SUPPORT ........................................................................... 19,013 19,013 

60 AIRCRAFT DEPOT MAINTENANCE ........................................................ 201,912 201,912 

70 AIRCRAFT DEPOT OPERATIONS SUPPORT ........................................ 3,000 3,000 

80 AVIATION LOGISTICS ............................................................................... 44,150 44,150 

90 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 


smartinez on DSK6TPTVN1PROD with BILLS
1220 

HR 4310 RFS

SEC. 4302. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Line Item FY 2013 

Request 

House Authorized 

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 

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 

UNDISTRIBUTED ADJUSTMENTS 

720 UNDISTRIBUTED ADJUSTMENTS ......................................................... –22,100 

Historical unobligated balances .............................................................. [–22,100] 

SUBTOTAL, UNDISTRIBUTED ADJUSTMENTS ................ –22,100 

TOTAL, OPERATION & MAINTENANCE, NAVY ............. 5,880,395 5,858,295 

OPERATION & MAINTENANCE, MARINE CORPS 

OPERATING FORCES 

10 OPERATIONAL FORCES ........................................................................... 1,921,258 1,921,258 

20 FIELD LOGISTICS ...................................................................................... 1,094,028 1,094,028 

30 DEPOT MAINTENANCE ............................................................................ 222,824 222,824 

60 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 

UNDISTRIBUTED ADJUSTMENTS 

200 UNDISTRIBUTED ADJUSTMENTS ......................................................... –15,600 

Historical unobligated balances .............................................................. [–15,600] 

SUBTOTAL, UNDISTRIBUTED ADJUSTMENTS ................ –15,600 

TOTAL, OPERATION & MAINTENANCE, MARINE 

CORPS .......................................................................................... 4,066,340 4,050,740 

OPERATION & MAINTENANCE, AIR FORCE 

OPERATING FORCES 

10 PRIMARY COMBAT FORCES .................................................................... 1,494,144 1,494,144 

20 COMBAT ENHANCEMENT FORCES ....................................................... 809,531 809,531 

30 AIR OPERATIONS TRAINING (OJT, MAINTAIN SKILLS) .................. 13,095 13,095 

40 DEPOT MAINTENANCE ............................................................................ 1,403,238 1,403,238 

50 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION 155,954 155,954 

60 BASE SUPPORT .......................................................................................... 342,226 342,226 

70 GLOBAL C3I AND EARLY WARNING ..................................................... 15,108 15,108 

80 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 


smartinez on DSK6TPTVN1PROD with BILLS
1221 

HR 4310 RFS

SEC. 4302. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Line Item FY 2013 

Request 

House Authorized 

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 

SUBTOTAL, ADMIN & SRVWD ACTIVITIES ........................ 841,764 841,764 

UNDISTRIBUTED ADJUSTMENTS 

490 UNDISTRIBUTED ADJUSTMENTS ......................................................... –34,700 

Historical unobligated balances .............................................................. [–34,700] 

SUBTOTAL, UNDISTRIBUTED ADJUSTMENTS ................ –34,700 

TOTAL, OPERATION & MAINTENANCE, AIR FORCE 9,241,613 9,206,913 

OPERATION & MAINTENANCE, DEFENSE-WIDE 

OPERATING FORCES 

10 JOINT CHIEFS OF STAFF ........................................................................ 2,000 2,000 

20 SPECIAL OPERATIONS COMMAND ........................................................ 2,503,060 2,503,060 

SUBTOTAL, OPERATING FORCES ......................................... 2,505,060 2,505,060 

ADMIN & SRVWD ACTIVITIES 

80 DEFENSE CONTRACT AUDIT AGENCY ................................................ 30,674 30,674 

90 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 1,550,000 

Program Decrease—Coalition Support Funds ....................................... [–650,000] 

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 4,669,519 

UNDISTRIBUTED ADJUSTMENTS 

290 UNDISTRIBUTED ADJUSTMENTS ......................................................... –29,300 

Historical unobligated balances .............................................................. [–29,300] 

SUBTOTAL, UNDISTRIBUTED ADJUSTMENTS ................ –29,300 

TOTAL, OPERATION & MAINTENANCE, DEFENSEWIDE ............................................................................................. 7,824,579 7,145,279 

OPERATION & MAINTENANCE, ARMY RES 

OPERATING FORCES 

30 ECHELONS ABOVE BRIGADE ................................................................. 78,600 78,600 

50 LAND FORCES OPERATIONS SUPPORT ............................................... 20,811 20,811 

70 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 


smartinez on DSK6TPTVN1PROD with BILLS
1222 

HR 4310 RFS

SEC. 4302. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Line Item FY 2013 

Request 

House Authorized 

OPERATING FORCES 

10 MISSION AND OTHER FLIGHT OPERATIONS ..................................... 24,834 24,834 

20 INTERMEDIATE MAINTENANCE ........................................................... 300 300 

40 AIRCRAFT DEPOT MAINTENANCE ........................................................ 13,364 13,364 

60 MISSION AND OTHER SHIP OPERATIONS .......................................... 8,213 8,213 

80 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 

10 OPERATING FORCES ................................................................................. 22,657 22,657 

40 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 

10 PRIMARY COMBAT FORCES .................................................................... 7,600 7,600 

30 DEPOT MAINTENANCE ............................................................................ 106,768 106,768 

50 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 

10 MANEUVER UNITS .................................................................................... 38,485 38,485 

20 MODULAR SUPPORT BRIGADES ............................................................ 1,959 1,959 

30 ECHELONS ABOVE BRIGADE ................................................................. 20,076 20,076 

40 THEATER LEVEL ASSETS ....................................................................... 2,028 2,028 

60 AVIATION ASSETS ..................................................................................... 183,811 183,811 

70 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 

20 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 

10 SUSTAINMENT ............................................................................................ 2,523,825 2,523,825 

20 INFRASTRUCTURE .................................................................................... 190,000 190,000 

30 EQUIPMENT AND TRANSPORTATION .................................................. 241,521 241,521 

40 TRAINING AND OPERATIONS ................................................................. 758,380 758,380 

SUBTOTAL, MINISTRY OF DEFENSE .................................... 3,713,726 3,713,726 

MINISTRY OF INTERIOR 

50 SUSTAINMENT ............................................................................................ 1,305,950 1,305,950 

60 INFRASTRUCTURE .................................................................................... 50,000 50,000 

70 EQUIPMENT AND TRANSPORTATION .................................................. 84,859 84,859 

80 TRAINING AND OPERATIONS ................................................................. 569,868 569,868 

SUBTOTAL, MINISTRY OF INTERIOR .................................. 2,010,677 2,010,677 


smartinez on DSK6TPTVN1PROD with BILLS
1223 

HR 4310 RFS

SEC. 4302. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Line Item FY 2013 

Request 

House Authorized 

RELATED ACTIVITIES 

90 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 

AFGHANISTAN INFRASTRUCTURE FUND 

10 POWER .......................................................................................................... 400,000 375,000 

Program Decrease ................................................................................... [–25,000] 

SUBTOTAL, AFGHANISTAN INFRASTRUCTURE FUND 400,000 375,000 

TOTAL, AFGHANISTAN INFRASTRUCTURE FUND .... 400,000 375,000 

TOTAL, OPERATION & MAINTENANCE ........................... 62,512,514 60,977,114 

1 TITLE XLIV—MILITARY 

2 PERSONNEL 

3 SEC. 4401. MILITARY PERSONNEL. 

SEC. 4401. MILITARY PERSONNEL 

(In Thousands of Dollars) 

Item FY 2013 

Request 

House 

Authorized 

MILITARY PERSONNEL ...................................................... 135,111,799 135,726,855 

Army medical evacuation paramedic certification training ................................................................................ [2,000 ] 

Basic allowance for housing for members of the National Guard (Section 603) .......................................... [6,000 ] 

Non-medical attendant travel (Section 621) .................. [2,000 ] 

Reserve Components administrative absence (Section 

604) ............................................................................. [2,000 ] 

Restore accrual payments to the Medicare eligible 

health care trust fund .................................................. [672,000 ] 

Retain 128 Air National Guard AGRs for two air sovereignty alert locations ................................................ [8,300 ] 

Retain Air Force Force Structure ................................. [30,000 ] 

Retain Air Force Reserve Force Structure .................... [20,000 ] 

Retain Air National Guard Force Structure ................. [70,826 ] 

Retain Global Hawk ....................................................... [22,200 ] 

Unobligated balances ...................................................... [–352,000 ] 

USMC military personnel in lieu of LAV funding ......... [131,730 ] 

4 SEC. 4402. MILITARY PERSONNEL FOR OVERSEAS CONTIN5 GENCY OPERATIONS. 

SEC. 4402. MILITARY PERSONNEL FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Item FY 2013 

Request 

House 

Authorized 

MILITARY PERSONNEL ...................................................... 14,060,094 14,060,094 


smartinez on DSK6TPTVN1PROD with BILLS
1224 

HR 4310 RFS

1 TITLE XLV—OTHER 

2 AUTHORIZATIONS 

3 SEC. 4501. OTHER AUTHORIZATIONS. 

SEC. 4501. OTHER AUTHORIZATIONS 

(In Thousands of Dollars) 

Program Title FY 2013 

Request 

House 

Authorized 

WORKING CAPITAL FUND, ARMY 

PREPOSITIONED WAR RESERVE STOCKS ............................... 60,037 60,037 

TOTAL, WORKING CAPITAL FUND, ARMY ............ 60,037 60,037 

WORKING CAPITAL FUND, AIR FORCE 

SUPPLIES AND MATERIALS (MEDICAL/DENTAL) ................. 45,452 45,452 

TOTAL, WORKING CAPITAL FUND, AIR FORCE 45,452 45,452 

WORKING CAPITAL FUND, DEFENSE-WIDE 

DEFENSE LOGISTICS AGENCY (DLA) ....................................... 39,135 39,135 

TOTAL, WORKING CAPITAL FUND, DEFENSEWIDE ..................................................................................... 39,135 39,135 

WORKING CAPITAL FUND, DECA 

WORKING CAPITAL FUND, DECA .............................................. 1,371,560 1,371,560 

TOTAL, WORKING CAPITAL FUND, DECA ............ 1,371,560 1,371,560 

NATIONAL DEFENSE SEALIFT FUND 

MPF MLP .......................................................................................... 38,000 38,000 

POST DELIVERY AND OUTFITTING .......................................... 39,386 39,386 

LG MED SPD RO/RO MAINTENANCE ......................................... 128,819 128,819 

DOD MOBILIZATION ALTERATIONS ......................................... 26,598 26,598 

TAH MAINTENANCE ...................................................................... 29,199 29,199 

RESEARCH AND DEVELOPMENT .............................................. 42,811 42,811 

READY RESERVE FORCE ............................................................. 303,323 303,323 

TOTAL, NATIONAL DEFENSE SEALIFT FUND .... 608,136 608,136 

DEFENSE HEALTH PROGRAM 

IN-HOUSE CARE ............................................................................. 8,625,507 8,625,507 

PRIVATE SECTOR CARE ............................................................... 16,148,263 16,148,263 

CONSOLIDATED HEALTH SUPPORT ......................................... 2,309,185 2,309,185 

INFORMATION MANAGEMENT ................................................... 1,465,328 1,465,328 

MANAGEMENT ACTIVITIES ......................................................... 332,121 332,121 

EDUCATION AND TRAINING ....................................................... 722,081 722,081 

BASE OPERATIONS/COMMUNICATIONS ................................... 1,746,794 1,746,794 

UNDISTRIBUTED, OPERATION & MAINTENANCE ................. 281,900 

Foreign currency fluctuation .............................................. [–5,100 ] 

Overfunding in electronic health record ............................. [–30,000 ] 

Restore estimated savings in TRICARE Prime and 

Standard enrollment fees and deductibles for TRICARE 

Standard .......................................................................... [273,000 ] 

Restore pharmacy co-pay estimated savings ...................... [179,000 ] 

TRICARE rate adjustments .............................................. [90,000 ] 

Unobligated balances .......................................................... [–225,000 ] 

RDT&E ............................................................................................... 672,977 672,977 

PROCUREMENT .............................................................................. 506,462 454,462 

Overfunding in electronic health record ............................. [–52,000 ] 

TOTAL, DEFENSE HEALTH PROGRAM ................... 32,528,718 32,758,618 

CHEM AGENTS & MUNITIONS DESTRUCTION 

OPERATION & MAINTENANCE .................................................... 635,843 635,843 

RDT&E ............................................................................................... 647,351 647,351 

PROCUREMENT .............................................................................. 18,592 18,592 


smartinez on DSK6TPTVN1PROD with BILLS
1225 

HR 4310 RFS

SEC. 4501. OTHER AUTHORIZATIONS 

(In Thousands of Dollars) 

Program Title FY 2013 

Request 

House 

Authorized 

TOTAL, CHEM AGENTS & MUNITIONS DESTRUCTION ....................................................................... 1,301,786 1,301,786 

DRUG INTERDICTION & CTR-DRUG ACTIVITIES, 

DEF 

DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, 

DEFENSE ...................................................................................... 889,545 889,545 

DRUG DEMAND REDUCTION PROGRAM .................................. 109,818 109,818 

TOTAL, DRUG INTERDICTION & CTR-DRUG 

ACTIVITIES, DEF ............................................................ 999,363 999,363 

OFFICE OF THE INSPECTOR GENERAL 

OPERATION & MAINTENANCE .................................................... 272,821 272,821 

PROCUREMENT .............................................................................. 1,000 1,000 

TOTAL, OFFICE OF THE INSPECTOR GENERAL 273,821 273,821 

CEMETERIAL EXPENSES, ARMY 

OPERATION & MAINTENANCE .................................................... 41,000 41,000 

CONSTRUCTION .............................................................................. 4,800 4,800 

FACILITIES MAINTENANCE ........................................................ 25,000 

Realignment from Operation and Maintenance, Army ...... [25,000 ] 

TOTAL, CEMETERIAL EXPENSES, ARMY .............. 45,800 70,800 

TOTAL OTHER AUTHORIZATIONS ........................... 37,273,808 37,528,708 

1 SEC. 4502. OTHER AUTHORIZATIONS FOR OVERSEAS CON2 TINGENCY OPERATIONS. 

SEC. 4502. OTHER AUTHORIZATIONS FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Program Title FY 2013 

Request 

House 

Authorized 

WORKING CAPITAL FUND, ARMY 

PREPOSITIONED WAR RESERVE STOCKS ............................... 42,600 42,600 

TOTAL, WORKING CAPITAL FUND, ARMY ............ 42,600 42,600 

WORKING CAPITAL FUND, AIR FORCE 

C–17 CLS ENGINE REPAIR ........................................................... 230,400 230,400 

TRANSPORTATION FALLEN HEROES ...................................... 10,000 10,000 

TOTAL, WORKING CAPITAL FUND, AIR FORCE 240,400 240,400 

WORKING CAPITAL FUND, DEFENSE-WIDE 

DEFENSE LOGISTICS AGENCY (DLA) ....................................... 220,364 220,364 

TOTAL, WORKING CAPITAL FUND, DEFENSEWIDE ..................................................................................... 220,364 220,364 

DEFENSE HEALTH PROGRAM 

IN-HOUSE CARE ............................................................................. 483,326 483,326 

PRIVATE SECTOR CARE ............................................................... 376,982 376,982 

CONSOLIDATED HEALTH SUPPORT ......................................... 111,675 111,675 

INFORMATION MANAGEMENT ................................................... 4,773 4,773 

MANAGEMENT ACTIVITIES ......................................................... 660 660 

EDUCATION AND TRAINING ....................................................... 15,370 15,370 

BASE OPERATIONS/COMMUNICATIONS ................................... 1,112 1,112 

TOTAL, DEFENSE HEALTH PROGRAM ................... 993,898 993,898 

DRUG INTERDICTION & CTR-DRUG ACTIVITIES, 

DEF 


smartinez on DSK6TPTVN1PROD with BILLS
1226 

HR 4310 RFS

SEC. 4502. OTHER AUTHORIZATIONS FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Program Title FY 2013 

Request 

House 

Authorized 

DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, 

DEFENSE ...................................................................................... 469,025 469,025 

TOTAL, DRUG INTERDICTION & CTR-DRUG 

ACTIVITIES, DEF ............................................................ 469,025 469,025 

OFFICE OF THE INSPECTOR GENERAL 

OPERATION & MAINTENANCE .................................................... 10,766 10,766 

TOTAL, OFFICE OF THE INSPECTOR GENERAL 10,766 10,766 

TOTAL OTHER AUTHORIZATIONS ........................... 1,977,053 1,977,053 

1 TITLE XLVI—MILITARY 

2 CONSTRUCTION 

3 SEC. 4601. MILITARY CONSTRUCTION. 

SEC. 4601. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/Country and 

Installation Project Title FY 2013 Request 

House 

Agreement 

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 

Army Fort Carson Central Energy Plant .................................................. 0 0 

District of Columbia 

Army Fort McNair Vehicle Storage Building, Installation ......................... 7,200 7,200 

Georgia 

Army Fort Gordon Modified Record Fire Range ....................................... 4,000 4,000 

Army Fort Stewart, Georgia Unmanned Aerial Vehicle Complex ............................. 24,000 24,000 

Army Fort Stewart, Georgia Automated Combat Pistol Qual Crse .......................... 3,650 3,650 

Army Fort Stewart, Georgia Digital Multipurpose Training Range ......................... 22,000 22,000 

Army Fort Gordon Multipurpose Machine Gun Range .............................. 7,100 7,100 

Army Fort Benning Ground Source Heat Transfer System ........................ 16,000 16,000 

Army Fort Gordon Ground Source Heat Transfer System ........................ 12,200 12,200 

Hawaii 

Army Schofield Barracks Barracks ....................................................................... 55,000 55,000 

Army Pohakuloa Training 

Area 

Automated Infantry Platoon Battle Course ................ 29,000 29,000 

Army Schofield Barracks Barracks ....................................................................... 41,000 41,000 

Army Wheeler Army Air Field Combat Aviation Brigade Barracks ............................. 85,000 85,000 

Italy 

Army Vicenza Simulations Center ...................................................... 32,000 32,000 

Army Camp Ederle Barracks ....................................................................... 36,000 36,000 

Japan 

Army Sagami Vehicle Maintenance Shop ........................................... 18,000 18,000 

Army Okinawa Satellite Communications Facility ............................... 78,000 78,000 

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 Knox Automated Infantry Squad Battle Course .................. 6,000 6,000 

Army Fort Campbell, Kentucky Live Fire Exercise Shoothouse .................................... 3,800 3,800 

Army Fort Campbell, Kentucky Unmanned Aerial Vehicle Complex ............................. 23,000 23,000 

Korea 

Army Camp Humphreys Battalion Headquarters Complex ................................ 45,000 45,000 

Kwajalein Atoll 

Army Kwajalein Atoll Pier .............................................................................. 0 0 

Missouri 

Army Fort Leonard Wood Battalion Complex Facilities ....................................... 26,000 26,000 


smartinez on DSK6TPTVN1PROD with BILLS
1227 

HR 4310 RFS

SEC. 4601. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/Country and 

Installation Project Title FY 2013 Request 

House Agreement 

Army Fort Leonard Wood Vehicle Maintenance Shop ........................................... 39,000 39,000 

Army Fort Leonard Wood Trainee Barracks Complex 3, Ph 2 ............................. 58,000 58,000 

New Jersey 

Army Joint Base McGuireDix-Lakehurst Flight Equipment Complex .......................................... 47,000 47,000 

Army Picatinny Arsenal Ballistic Evaluation Center .......................................... 10,200 10,200 

New York 

Army U.S. Military Academy Cadet Barracks ............................................................ 192,000 192,000 

Army Fort Drum, New York Aircraft Maintenance Hangar ..................................... 95,000 95,000 

North Carolina 

Army Fort Bragg Aerial Gunnery Range ................................................. 42,000 42,000 

Army Fort Bragg Infrastructure .............................................................. 30,000 30,000 

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 Fort Hood, Texas Modified Record Fire Range ....................................... 4,200 4,200 

Army Corpus Christi Aircraft Component Maintenance Shop ...................... 13,200 13,200 

Army Joint Base San Antonio Barracks ....................................................................... 21,000 21,000 

Army Fort Bliss Multipurpose Machine Gun Range .............................. 7,200 7,200 

Army Fort Hood, Texas Unmanned Aerial Vehicle Complex ............................. 22,000 22,000 

Army Fort Hood, Texas Training Aids Center ................................................... 25,000 25,000 

Army Corpus Christi Aircraft Paint Shop ..................................................... 24,000 24,000 

Virginia 

Army Fort Belvoir Secure Admin/Operations Facility ............................... 94,000 94,000 

Army Fort Lee Adv Individual Training Barracks Cplx, Ph2 ............. 81,000 81,000 

Army Arlington Cemetery Expansion Millennium Site ......................... 84,000 84,000 

Washington 

Army Joint Base LewisMcChord Battalion Complex ....................................................... 73,000 73,000 

Army Joint Base LewisMcChord Waste Water Treatment Plant .................................... 91,000 91,000 

Army Yakima Convoy Live Fire Range .............................................. 5,100 5,100 

Worldwide Unspecified 

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 65,173 

Total Military Construction, Army ......................................................................................... 1,923,323 1,923,323 

Arizona 

Navy Yuma Combat Aircraft Loading Apron ................................. 15,985 15,985 

Navy Yuma Security Operations Complex ....................................... 13,300 13,300 

Bahrain Island 

Navy SW Asia Transient Quarters ...................................................... 41,529 0 

Navy SW Asia Combined Dining Facility ............................................ 9,819 0 

California 

Navy Miramar Hangar 5 Renovations & Addition .............................. 27,897 27,897 

Navy Camp Pendleton, California Comm. Information Systems Ops Complex ................. 78,897 78,897 

Navy Point Mugu Bams Maintenance Training Facility .......................... 0 12,790 

Navy Camp Pendleton, California San Jacinto Road Extension ....................................... 5,074 5,074 

Navy Coronado H–60s Simulator Training Facility ............................. 2,478 2,478 

Navy Lemoore Bams Maintenance Training Facility .......................... 14,843 0 

Navy Camp Pendleton, California MV22 Aviation Simulator Building ............................. 4,139 4,139 

Navy Coronado Bachelor Quarters ........................................................ 76,063 76,063 

Navy Twentynine Palms, California Land Expansion Phase 2 ............................................. 47,270 47,270 

Navy Seal Beach Strategic Systems Weapons Eval. Test Lab ............... 30,594 30,594 

Navy San Diego LCS Training Facility ................................................. 59,436 59,436 

Navy San Diego Entry Control Point (Gate Five) ................................. 11,752 11,752 

Diego Garcia 

Navy Diego Garcia Communications Infrastructure ................................... 1,691 1,691 

Djibouti 

Navy Camp Lemonier, 

Djibouti 

Fitness Center ............................................................. 26,960 0 

Navy Camp Lemonier, 

Djibouti 

Joint HQ/Joint Operations Center Facility ................ 42,730 0 

Navy Camp Lemonier, 

Djibouti 

Galley Addition and Warehouse .................................. 22,220 0 

Navy Camp Lemonier, 

Djibouti 

Containerized Living and Work Units ......................... 7,510 0 


smartinez on DSK6TPTVN1PROD with BILLS
1228 

HR 4310 RFS

SEC. 4601. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/Country and 

Installation Project Title FY 2013 Request 

House Agreement 

Florida 

Navy Jacksonville Bams Mission Control Complex ................................... 21,980 21,980 

Greece 

Navy Souda Bay Intermodal Access Road .............................................. 4,630 4,630 

Navy Souda Bay Aircraft Parking Apron Expansion ............................. 20,493 20,493 

Guam 

Navy Joint Region Marianas North Ramp Parking (Andersen AFB)—Inc 2 .......... 25,904 25,904 

Hawaii 

Navy Kaneohe Bay Aircraft Staging Area .................................................. 14,680 14,680 

Navy Kaneohe Bay MV–22 Hangar and Infrastructure ............................. 82,630 82,630 

Japan 

Navy Iwakuni Vertical Take-Off and Landing Pad North ................. 7,416 7,416 

Navy Iwakuni Maintenance Hangar Improvements ............................ 5,722 5,722 

Navy Okinawa Bachelor Quarters ........................................................ 8,206 8,206 

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 

Base Access and Road—Phase 3 ................................ 40,904 40,904 

Navy New River Personnel Administration Center ................................ 8,525 8,525 

Navy Cherry Point Marine 

Corps Air Station 

Marine Air Support Squadron Compound ................... 34,310 34,310 

Navy Camp Lejeune, North 

Carolina 

Staff NCO Academy Facilities .................................... 28,986 28,986 

Navy Cherry Point Marine 

Corps Air Station 

Armory ......................................................................... 11,581 11,581 

Romania 

Navy Deveselu, Romania Aegis Ashore Missile Defense Complex ....................... 45,205 45,205 

South Carolina 

Navy Beaufort Simulated Lhd Flight Deck ......................................... 12,887 12,887 

Navy Beaufort Ground Support Equipment Shop ............................... 9,465 9,465 

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 

Navy Beaufort Recycling/Hazardous Waste Facility ........................... 3,743 3,743 

Spain 

Navy Rota General Purpose Warehouse ........................................ 3,378 3,378 

Navy Rota High Explosive Magazine ............................................ 13,837 13,837 

Virginia 

Navy Quantico Weapons Training Battalion Mess Hall ...................... 12,876 12,876 

Navy Dahlgren Cruiser/Destroyer Upgrade Training Facility ............. 16,494 16,494 

Navy Yorktown Supply Warehouse Facility .......................................... 8,939 8,939 

Navy Yorktown Motor Transportation Facility ..................................... 6,188 6,188 

Navy Yorktown Bachelor Enlisted Quarters ......................................... 18,422 18,422 

Navy Yorktown Armory ......................................................................... 4,259 4,259 

Navy Yorktown Regimental Headquarters ............................................ 11,015 11,015 

Navy Quantico Infrastruture—Widen Russell Road ............................ 14,826 14,826 

Navy Quantico The Basic School Student Quarters—Phase 7 ........... 31,012 31,012 

Navy Portsmouth Drydock 8 Electrical Distribution Upgrade ................ 32,706 32,706 

Navy Dahlgren Physical Fitness Center ............................................... 11,734 11,734 

Navy Oceana Naval Air Station A School Barracks ....................................................... 39,086 39,086 

Washington 

Navy Kitsap Explosives Handling Wharf #2 (Inc) .......................... 280,041 280,041 

Navy Whidbey Island EA–18G Flight Simulator Facility .............................. 6,272 6,272 

Worldwide Unspecified 

Navy Unspecified Worldwide 

Locations 

MCON Design Funds .................................................. 102,619 102,619 

Navy Various Worldwide Locations BAMS Operational Facilities ....................................... 34,048 34,048 

Navy Unspecified Worldwide 

Locations 

Unspecified Minor Construction .................................. 16,535 16,535 

Total Military Construction, Navy .......................................................................................... 1,701,985 1,549,164 

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 

Greenland 

AF Thule AB Dormitory (48 Pn) ....................................................... 24,500 24,500 

AF Thule AB Consolidated Engineer Shop and Supply Facility ....... 0 0 

Guam 


smartinez on DSK6TPTVN1PROD with BILLS
1229 

HR 4310 RFS

SEC. 4601. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/Country and 

Installation Project Title FY 2013 Request 

House Agreement 

AF Andersen AFB Fuel Systems Hangar .................................................. 0 0 

Italy 

AF Aviano AB F–16 Mission Training Center .................................... 9,400 9,400 

Nebraska 

AF Offutt AFB US STRATCOM Replacement Facility, Incr 2 ........... 161,000 161,000 

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 Modular Storage Magazines .............................. 2,280 2,280 

AF Hill AFB F–35 Adal Building 118 for Flight Simulator ............ 4,000 4,000 

AF Hill AFB F–35 Adal Hangar 45w/AMU ..................................... 7,250 7,250 

Worldwide Unspecified 

AF Unspecified Worldwide 

Locations 

Transient Aircraft Hangars ......................................... 15,032 15,032 

AF Unspecified Worldwide 

Locations 

Transient Contingency Dormitory—100 Rm .............. 17,625 17,625 

AF Unspecified Worldwide 

Locations 

Planning and Design ................................................... 18,635 18,635 

AF Various Worldwide Locations Unspecified Minor Construction .................................. 18,200 18,200 

AF Unspecified Worldwide 

Locations 

Sanitary Sewer Lift/Pump Station .............................. 2,000 2,000 

Total Military Construction, Air Force ................................................................................. 388,200 388,200 

Arizona 

Def-Wide Yuma Truck Unload Facility ................................................. 1,300 1,300 

Belgium 

Def-Wide Brussels NATO Headquarters Facility ...................................... 26,969 26,969 

California 

Def-Wide Coronado SOF Close Quarters Combat/Dynamic Shoot Fac ...... 13,969 13,969 

Def-Wide Coronado SOF Mobile Comm Detachment Support Facility ...... 10,120 10,120 

Def-Wide Coronado SOF Indoor Dynamic Shooting Facility ...................... 31,170 31,170 

Def-Wide Edwards Air Force Base Replace Fuel Storage ................................................... 27,500 27,500 

Def-Wide Twentynine Palms, California Medical Clinic Replacement ......................................... 27,400 27,400 

Def-Wide Def Fuel Support 

Point—San Diego 

Replace Fuel Pier ........................................................ 91,563 91,563 

Colorado 

Def-Wide Fort Carson, Colorado SOF Battalion Operations Complex ............................ 56,673 56,673 

Def-Wide Buckley Air Force Base Denver Power House ................................................... 30,000 30,000 

Def-Wide Pikes Peak High Altitude Medical Research Lab .......................... 3,600 3,600 

Conus Classified 

Def-Wide Classified Location SOF Parachute Training Facility ............................... 6,477 6,477 

Delaware 

Def-Wide Dover AFB Replace Truck Off-Load Facility ................................. 2,000 2,000 

Florida 

Def-Wide Hurlburt Field Construct Fuel Storage Facility .................................. 16,000 16,000 

Def-Wide Eglin AFB SOF Avfid Ops and Maintenance Facilities ................ 41,695 41,695 

Def-Wide MacDill AFB SOF Joint Special Ops University Fac (JSOU) ......... 34,409 34,409 

Germany 

Def-Wide Stuttgart-Patch Barracks DISA Europe Facility Upgrades ................................. 2,413 2,413 

Def-Wide Rhine Ordnance Barracks Medical Center Replacement Incr 2 ............................ 127,000 127,000 

Def-Wide Weisbaden Weisbaden High School Addition ................................ 52,178 52,178 

Def-Wide Vogelweh Replace Vogelweh Elementary School ......................... 61,415 61,415 

Guam 

Def-Wide Andersen AFB Upgrade Fuel Pipeline ................................................. 67,500 67,500 

Guantanamo Bay, Cuba 

Def-Wide Guantanamo Bay Replace Truck Load Facility ....................................... 2,600 2,600 

Def-Wide Guantanamo Bay Replace Fuel Pier ........................................................ 37,600 37,600 

Hawaii 

Def-Wide Joint Base Pearl Harbor-Hickam SOF SDVT–1 Waterfront Operations Facility ........... 24,289 24,289 

Illinois 

Def-Wide Great Lakes Drug Laboratory Replacement .................................... 28,700 28,700 

Def-Wide Scott AFB DISA Facility Upgrades .............................................. 84,111 84,111 

Def-Wide Scott AFB Medical Logistics Warehouse ....................................... 2,600 2,600 

Indiana 

Def-Wide Grissom ARB Replace Hydrant Fuel System ..................................... 26,800 26,800 

Japan 

Def-Wide Kadena AB Replace Elementary School ......................................... 71,772 71,772 

Def-Wide Zukeran Replace Zukeran Elementary School ........................... 79,036 79,036 

Def-Wide Sasebo Replace Sasebo Elementary School ............................. 35,733 35,733 


smartinez on DSK6TPTVN1PROD with BILLS
1230 

HR 4310 RFS

SEC. 4601. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/Country and 

Installation Project Title FY 2013 Request 

House Agreement 

Def-Wide Camp Zama Renovate Zama High School ....................................... 13,273 13,273 

Def-Wide Kadena AB Replace Stearley Heights Elementary School ............. 71,773 71,773 

Kentucky 

Def-Wide Fort Campbell, Kentucky SOF Landgraf Hangar Extension ............................... 3,559 3,559 

Def-Wide Fort Campbell, Kentucky Replace Barkley Elementary School ............................ 41,767 41,767 

Def-Wide Fort Campbell, Kentucky SOF Ground Support Battalion .................................. 26,313 26,313 

Korea 

Def-Wide Osan AFB Hospital Addition/Alteration ........................................ 34,600 34,600 

Def-Wide Kunsan Air Base Medical/Dental Clinic Addition .................................... 13,000 13,000 

Def-Wide Osan AFB Replace Osan Elementary School ................................ 42,692 42,692 

Louisiana 

Def-Wide Barksdale AFB Upgrade Pumphouse .................................................... 11,700 11,700 

Maryland 

Def-Wide Fort Meade NSAW Recapitalize Building #1/Site M Inc 1 ........... 25,000 25,000 

Def-Wide Fort Detrick USAMRIID Stage I, Incr 7 ........................................ 19,000 19,000 

Def-Wide Fort Meade High Performance Computing Center Inc 2 ............... 300,521 300,521 

Def-Wide Bethesda Naval Hospital Base Installation Access./Appearance Plan ................. 7,000 7,000 

Def-Wide Bethesda Naval Hospital Temporary Medical Facilities ...................................... 26,600 26,600 

Def-Wide Annapolis Health Clinic Replacement .......................................... 66,500 66,500 

Def-Wide Bethesda Naval Hospital Electrical Capacity and Cooling Towers ...................... 35,600 35,600 

Missouri 

Def-Wide Fort Leonard Wood Dental Clinic ................................................................ 18,100 18,100 

New Mexico 

Def-Wide Cannon AFB Medical/Dental Clinic Repalcement ............................. 71,023 71,023 

Def-Wide Cannon AFB SOF AC–130J Combat Parking Apron ...................... 22,062 22,062 

New York 

Def-Wide Fort Drum, New York Soldier Specialty Care Clinic ....................................... 17,300 17,300 

Def-Wide Fort Drum, New York Idt Complex ................................................................. 25,900 25,900 

North Carolina 

Def-Wide Seymour Johnson AFB Replace Pipeline ........................................................... 1,850 1,850 

Def-Wide Camp Lejeune, North 

Carolina 

Medical Clinic Replacement ......................................... 21,200 21,200 

Def-Wide Camp Lejeune, North 

Carolina 

SOF Marine Battalion Company/Team Facilities ....... 53,399 53,399 

Def-Wide Camp Lejeune, North 

Carolina 

SOF Survival Evasion Resist. Escape Tng Fac .......... 5,465 5,465 

Def-Wide Fort Bragg SOF Support Addition ................................................. 3,875 3,875 

Def-Wide Fort Bragg SOF Battalion Operations Facility ............................. 40,481 40,481 

Def-Wide Fort Bragg SOF Civil Affairs Battalion Complex .......................... 31,373 31,373 

Def-Wide Seymour Johnson AFB Medical Clinic Replacement ......................................... 53,600 53,600 

Def-Wide Fort Bragg SOF Sustainment Brigade Complex ............................ 24,693 24,693 

Pennsylvania 

Def-Wide Def Distribution Depot 

New Cumberland 

Replace Sewage Treatment Plant ................................ 6,300 6,300 

Def-Wide Def Distribution Depot 

New Cumberland 

Replace Communications Building .............................. 6,800 6,800 

Def-Wide Def Distribution Depot 

New Cumberland 

Replace Reservoir ......................................................... 4,300 4,300 

Romania 

Def-Wide Deveselu, Romania Aegis Ashore Missile Defense System Complex ........... 157,900 82,900 

South Carolina 

Def-Wide Shaw AFB Medical Clinic Replacement ......................................... 57,200 57,200 

Texas 

Def-Wide Joint Base San Antonio Ambulatory Care Center Phase 3 Incr ........................ 80,700 80,700 

Def-Wide Red River Army Depot DFAS Facility ............................................................. 16,715 16,715 

Def-Wide Fort Bliss Hospital Replacement Incr 4 ....................................... 207,400 207,400 

United Kingdom 

Def-Wide Raf Feltwell Feltwell Elementary School Addition .......................... 30,811 30,811 

Def-Wide Raf Mildenhall SOF CV–22 Simulator Facility ................................... 6,490 6,490 

Def-Wide Menwith Hill Station Mhs Utilities and Roads .............................................. 3,795 3,795 

Def-Wide Menwith Hill Station Replace Menwith Hill Elementary/High School .......... 46,488 46,488 

Utah 

Def-Wide Camp Williams IC CNCI Data Center 1 Inc 4 .................................... 191,414 191,414 

Virginia 

Def-Wide Dam Neck SOF Magazines ............................................................ 0 0 

Def-Wide Norfolk Veterinary Facility Replacement ................................. 8,500 8,500 

Def-Wide Joint Expeditionary 

Base Little Creek— 

Story 

SOF Combat Services Support Facility—East ........... 11,132 11,132 

Washington 

Def-Wide Fort Lewis SOF Battalion Operations Facility ............................. 46,553 46,553 

Def-Wide Fort Lewis SOF Military Working Dog Kennel ............................ 3,967 3,967 


smartinez on DSK6TPTVN1PROD with BILLS
1231 

HR 4310 RFS

SEC. 4601. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/Country and 

Installation Project Title FY 2013 Request 

House Agreement 

Worldwide Unspecified 

Def-Wide Unspecified Worldwide 

Locations 

Planning and Design ................................................... 27,620 27,620 

Def-Wide Unspecified Worldwide 

Locations 

Planning and Design ................................................... 8,300 8,300 

Def-Wide Unspecified Worldwide 

Locations 

Planning and Design ................................................... 4,548 4,548 

Def-Wide Unspecified Worldwide 

Locations 

Unspecified Minor Construction .................................. 4,091 4,091 

Def-Wide Unspecified Worldwide 

Locations 

Unspecified Minor Milcon ............................................ 3,000 3,000 

Def-Wide Unspecified Worldwide 

Locations 

Planning and Design ................................................... 2,919 2,919 

Def-Wide Unspecified Worldwide 

Locations 

Exercise Related Minor Construction .......................... 6,440 6,440 

Def-Wide Unspecified Worldwide 

Locations 

Unspecified Minor Const ............................................. 10,000 10,000 

Def-Wide Unspecified Worldwide 

Locations 

Planning and Design ................................................... 47,978 47,978 

Def-Wide Unspecified Worldwide 

Locations 

Planning and Design ................................................... 105,569 105,569 

Def-Wide Unspecified Worldwide 

Locations 

Planning and Design ................................................... 7,928 7,928 

Def-Wide Unspecified Worldwide 

Locations 

Unspecified Minor Construction .................................. 7,254 7,254 

Def-Wide Unspecified Worldwide 

Locations 

Planning & Design ....................................................... 5,000 5,000 

Def-Wide Unspecified Worldwide 

Locations 

Energy Conservation Investment Program ................. 150,000 150,000 

Def-Wide Unspecified Worldwide 

Locations 

Unspecified Minor Construction .................................. 3,000 3,000 

Def-Wide Unspecified Worldwide 

Locations 

Planning and Design ................................................... 105,700 105,700 

Def-Wide Unspecified Worldwide 

Locations 

SOF Operations and Skills Training Complex ............ 0 0 

Def-Wide Unspecified Worldwide 

Locations 

Minor Construction ...................................................... 5,000 5,000 

Def-Wide Unspecified Worldwide 

Locations 

Contingency Construction ............................................ 10,000 0 

Total Military Construction, Defense-Wide ......................................................................... 3,654,623 3,569,623 

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 

Total Chemical Demilitarization Construction, Defense ............................................... 151,000 151,000 

Worldwide Unspecified 

NATO NATO Security Investment Program NATO Security Investment Program .......................... 254,163 254,163 

Total NATO Security Investment Program ......................................................................... 254,163 254,163 

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 Miramar Readiness Center ......................................................... 20,000 20,000 

Army NG Camp Blanding Combined Arms Collective Training Fac ..................... 9,000 9,000 

Guam 

Army NG Barrigada JFHQ Ph4 ................................................................... 8,500 8,500 

Hawaii 

Army NG Kapolei Army Aviation Support Facility Ph1 .......................... 28,000 28,000 

Idaho 

Army NG Orchard Trainig Area ORTC(Barracks)Ph2 ................................................... 40,000 40,000 

Indiana 

Army NG Terre Haute Field Maintenance Shop .............................................. 9,000 9,000 

Army NG South Bend Armed Forces Reserve Center Add/Alt ....................... 21,000 21,000 

Iowa 

Army NG Camp Dodge Urban Assault Course .................................................. 3,000 3,000 

Kansas 

Army NG Topeka Taxiway, Ramp & Hangar Alterations ........................ 9,500 9,500 


smartinez on DSK6TPTVN1PROD with BILLS
1232 

HR 4310 RFS

SEC. 4601. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/Country and 

Installation Project Title FY 2013 Request 

House Agreement 

Kentucky 

Army NG Frankfort Army Aviation Support Facility .................................. 32,000 32,000 

Massachusetts 

Army NG Camp Edwards Ground Water Extraction, Treatment, and Recharge 

System.

0 0 

Army NG Camp Edwards Unit Training Equipment Site .................................... 22,000 22,000 

Michigan 

Army NG Camp Grayling Operational Readiness Training Complex (ORTC) 

Barracks.

0 0 

Minnesota 

Army NG Camp Ripley Scout Reconnaisance 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 Perryville Readiness Center Add/Alt ............................................ 700 700 

Army NG Monett Readiness Center Add/Alt ............................................ 820 820 

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 Delaware Readiness Center ......................................................... 12,000 12,000 

Army NG Chillicothe Field Maintenance Shop Add/Alt ................................ 3,100 3,100 

Oklahoma 

Army NG Camp Gruber Operations Readiness Training Complex ..................... 25,000 25,000 

Puerto Rico 

Army NG Guaynabo Readiness Center (JFHQ) ........................................... 15,000 15,000 

Army NG Gurabo Readiness Center ......................................................... 14,700 14,700 

Army NG Ceiba Refill Station Building ................................................. 2,200 2,200 

Army NG Camp Santiago Readiness Center ......................................................... 3,800 3,800 

Utah 

Army NG Camp Williams Regional Training Institute Ph2 ................................. 21,000 21,000 

Army NG Camp Williams BEQ Facility (Regional Training Institute) ............... 15,000 15,000 

Vermont 

Army NG North Hyde Park Field Maintenance Shop .............................................. 0 0 

Washington 

Army NG Fort Lewis Readiness Center ......................................................... 35,000 35,000 

West Virginia 

Army NG Logan Readiness Center ......................................................... 14,200 14,200 

Wisconsin 

Army NG Wausau Field Maintenance Shop .............................................. 10,000 10,000 

Worldwide Unspecified 

Army NG Unspecified Worldwide 

Locations 

Planning and Design ................................................... 26,622 26,622 

Army NG Unspecified Worldwide 

Locations 

Unspecified Minor Construction .................................. 15,057 15,057 

Total Military Construction, Army National Guard ........................................................ 613,799 613,799 

California 

Army Res Fort Hunter Liggett UPH Barracks ............................................................. 4,300 4,300 

Army Res Tustin Army Reserve Center ................................................... 27,000 27,000 

Army Res Fort Hunter Liggett Access Control Point .................................................... 0 0 

Army Res Fort Hunter Liggett ORTC ........................................................................... 64,000 64,000 

Illinois 

Army Res Fort Sheridan Army Reserve Center ................................................... 28,000 28,000 

Maryland 

Army Res Baltimore Add/Alt Army Reserve Center ..................................... 10,000 10,000 

Army Res Aberdeen Proving 

Ground 

Army Reserve Center ................................................... 21,000 21,000 

Massachusetts 

Army Res Devens Reserve Forces 

Training Area 

Automatic Record Fire Range ..................................... 4,800 4,800 

Army Res Devens Reserve Forces 

Training Area 

Combat Pistol/MP Firearms Qualification .................. 3,700 3,700 

Nevada 

Army Res Las Vegas Army Reserve Center/AMSA ....................................... 21,000 21,000 

New Jersey 

Army Res Joint Base McGuireDix-Lakehurst Automated Infantry Squad Battle Course .................. 7,400 7,400 

Pennsylvania 

Army Res Conneaut Lake Defense Access Road ................................................... 0 0 

Washington 

Army Res Joint Base LewisMcChord Army Reserve Center ................................................... 40,000 40,000 

Wisconsin 


smartinez on DSK6TPTVN1PROD with BILLS
1233 

HR 4310 RFS

SEC. 4601. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/Country and 

Installation Project Title FY 2013 Request 

House Agreement 

Army Res Fort McCoy ECS Tactical Equip. Maint. Facilty (TEMF) ............ 27,000 27,000 

Army Res Fort McCoy Central Issue Facility .................................................. 12,200 12,200 

Army Res Fort McCoy Dining Facility ............................................................. 8,600 8,600 

Worldwide Unspecified 

Army Res Unspecified Worldwide 

Locations 

Planning and Design ................................................... 15,951 15,951 

Army Res Unspecified Worldwide 

Locations 

Unspecified Minor Construction .................................. 10,895 10,895 

Total Military Construction, Army Reserve ....................................................................... 305,846 305,846 

Arizona 

N/MC Res Yuma Reserve Training Facility—Yuma AZ ......................... 5,379 5,379 

Iowa 

N/MC Res Fort Des Moines Joint Reserve Center—Des Moines IA ........................ 19,162 19,162 

Louisiana 

N/MC Res New Orleans Transient Quarters ...................................................... 7,187 7,187 

New York 

N/MC Res Brooklyn Vehicle Maint. Fac.—Brooklyn NY ............................. 4,430 4,430 

Texas 

N/MC Res Fort Worth Commercial Vehicle Inspection Site ............................. 11,256 11,256 

Worldwide Unspecified 

N/MC Res Unspecified Worldwide 

Locations 

Planning and Design ................................................... 2,118 2,118 

Total Military Construction, Naval Reserve ....................................................................... 49,532 49,532 

California 

Air NG Fresno Yosemite IAP 

ANG 

F–15 Conversion .......................................................... 11,000 11,000 

Hawaii 

Air NG Joint Base Pearl Harbor-Hickam TFI—F–22 Combat Apron Addition .......................... 6,500 6,500 

New Mexico 

Air NG Kirtland AFB Alter Target Intelligence Facility ................................ 8,500 8,500 

Tennessee 

Air NG Mcghee-Tyson Airport Dormitory Classroom Facility ..................................... 0 0 

Worldwide Unspecified 

Air NG Various Worldwide Locations Unspecified Minor Construction .................................. 5,900 5,900 

Air NG Various Worldwide Locations Planning and Design ................................................... 4,000 4,000 

Wyoming 

Air NG Cheyenne Map C–130 Flight Simulator Training Facility .................. 6,486 6,486 

Total Military Construction, Air National Guard ............................................................. 42,386 42,386 

California 

AF Res March Air Reserve Base Joint Regional Deployment Processing Center ........... 0 0 

New York 

AF Res Niagara Falls IAP Flight Simulator Facility ............................................. 6,100 6,100 

Worldwide Unspecified 

AF Res Various Worldwide Locations Planning and Design ................................................... 2,879 2,879 

AF Res Various Worldwide Locations Unspecified Minor Constrution .................................... 2,000 2,000 

Total Military Construction, Air Force Reserve ............................................................... 10,979 10,979 

Worldwide Unspecified 

FH Con Army Unspecified Worldwide 

Locations 

Family Housing P&D .................................................. 4,641 4,641 

Total Family Housing Construction, Army ......................................................................... 4,641 4,641 

Worldwide Unspecified 

FH Ops Army Unspecified Worldwide 

Locations 

Maintenance of Real Property ..................................... 109,534 109,534 

FH Ops Army Unspecified Worldwide 

Locations 

Leasing ......................................................................... 203,533 203,533 

FH Ops Army Unspecified Worldwide 

Locations 

Miscellaneous Account ................................................. 620 620 

FH Ops Army Unspecified Worldwide 

Locations 

Furnishings Account .................................................... 31,785 31,785 

FH Ops Army Unspecified Worldwide 

Locations 

Services Account .......................................................... 13,487 13,487 

FH Ops Army Unspecified Worldwide 

Locations 

Utilities Account .......................................................... 88,112 88,112 

FH Ops Army Unspecified Worldwide 

Locations 

Management Account .................................................. 56,970 56,970 

FH Ops Army Unspecified Worldwide 

Locations 

Privatization Support Costs ......................................... 26,010 26,010 

Total Family Housing Operation And Maintenance, Army .......................................... 530,051 530,051 


smartinez on DSK6TPTVN1PROD with BILLS
1234 

HR 4310 RFS

SEC. 4601. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/Country and 

Installation Project Title FY 2013 Request 

House Agreement 

Worldwide Unspecified 

FH Con AF Unspecified Worldwide 

Locations 

Improvements ............................................................... 79,571 79,571 

FH Con AF Unspecified Worldwide 

Locations 

Planning and Design ................................................... 4,253 4,253 

Total Family Housing Construction, Air Force ................................................................. 83,824 83,824 

Worldwide Unspecified 

FH Ops AF Unspecified Worldwide 

Locations 

Leasing ......................................................................... 62,730 62,730 

FH Ops AF Unspecified Worldwide 

Locations 

Housing Privatization .................................................. 46,127 46,127 

FH Ops AF Unspecified Worldwide 

Locations 

Maintenance (RPMA RPMC) ...................................... 201,937 201,937 

FH Ops AF Unspecified Worldwide 

Locations 

Services Account .......................................................... 16,550 16,550 

FH Ops AF Unspecified Worldwide 

Locations 

Furnishings Account .................................................... 37,878 37,878 

FH Ops AF Unspecified Worldwide 

Locations 

Utilities Account .......................................................... 75,662 75,662 

FH Ops AF Unspecified Worldwide 

Locations 

Miscellaneous Account ................................................. 1,943 1,943 

FH Ops AF Unspecified Worldwide 

Locations 

Management Account .................................................. 55,002 55,002 

Total Family Housing Operation And Maintenance, Air Force .................................. 497,829 497,829 

Worldwide Unspecified 

FH Con Navy Unspecified Worldwide 

Locations 

Improvements ............................................................... 97,655 97,655 

FH Con Navy Unspecified Worldwide 

Locations 

Design .......................................................................... 4,527 4,527 

Total Family Housing Construction, Navy And Marine Corps .................................... 102,182 102,182 

Worldwide Unspecified 

FH Ops Navy Unspecified Worldwide 

Locations 

Privatization Support Costs ......................................... 27,798 27,798 

FH Ops Navy Unspecified Worldwide 

Locations 

Utilities Account .......................................................... 80,860 80,860 

FH Ops Navy Unspecified Worldwide 

Locations 

Furnishings Account .................................................... 17,697 17,697 

FH Ops Navy Unspecified Worldwide 

Locations 

Management Account .................................................. 62,741 62,741 

FH Ops Navy Unspecified Worldwide 

Locations 

Leasing ......................................................................... 83,774 83,774 

FH Ops Navy Unspecified Worldwide 

Locations 

Maintenance of Real Property ..................................... 85,254 85,254 

FH Ops Navy Unspecified Worldwide 

Locations 

Services Account .......................................................... 19,615 19,615 

FH Ops Navy Unspecified Worldwide 

Locations 

Miscellaneous Account ................................................. 491 491 

Total Family Housing Operation And Maintenance, Navy And Marine Corps ..... 378,230 378,230 

Worldwide Unspecified 

FH Ops DW Unspecified Worldwide 

Locations 

Maintenance of Real Property ..................................... 567 567 

FH Ops DW Unspecified Worldwide 

Locations 

Leasing ......................................................................... 10,822 10,822 

FH Ops DW Unspecified Worldwide 

Locations 

Leasing ......................................................................... 35,333 35,333 

FH Ops DW Unspecified Worldwide 

Locations 

Maintenance of Real Property ..................................... 73 73 

FH Ops DW Unspecified Worldwide 

Locations 

Management Account .................................................. 371 371 

FH Ops DW Unspecified Worldwide 

Locations 

Utilities Account .......................................................... 283 283 

FH Ops DW Unspecified Worldwide 

Locations 

Utilities Account .......................................................... 12 12 

FH Ops DW Unspecified Worldwide 

Locations 

Furnishings Account .................................................... 4,660 4,660 

FH Ops DW Unspecified Worldwide 

Locations 

Furnishings Account .................................................... 66 66 

FH Ops DW Unspecified Worldwide 

Locations 

Services Account .......................................................... 31 31 

FH Ops DW Unspecified Worldwide 

Locations 

Furnishings Account .................................................... 20 20 

Total Family Housing Operation And Maintenance, Defense-Wide .......................... 52,238 52,238 


smartinez on DSK6TPTVN1PROD with BILLS
1235 

HR 4310 RFS

SEC. 4601. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/Country and 

Installation Project Title FY 2013 Request 

House Agreement 

Worldwide Unspecified 

FHIF Unspecified Worldwide 

Locations 

Family Housing Improvement Fund ........................... 1,786 1,786 

Total DOD Family Housing Improvement Fund ............................................................... 1,786 1,786 

Worldwide Unspecified 

BRAC 05 Unspecified Worldwide 

Locations 

Program Management Various Locations ................... 605 605 

BRAC 05 Unspecified Worldwide 

Locations 

USA–223: Fort Monmouth, NJ .................................. 9,989 9,989 

BRAC 05 Unspecified Worldwide 

Locations 

USA–36: Red River Army Depot ................................ 1,385 1,385 

BRAC 05 Unspecified Worldwide 

Locations 

USA–242: RC Transformation in NY ......................... 172 172 

BRAC 05 Unspecified Worldwide 

Locations 

USA–212: USAR Cmd & Cntrl—New England ......... 222 222 

BRAC 05 Unspecified Worldwide 

Locations 

USA–167: USAR Command and Control—NE .......... 175 175 

BRAC 05 Unspecified Worldwide 

Locations 

DON–84: JRB Willow Grove & Cambria Reg Ap ....... 189 189 

BRAC 05 Unspecified Worldwide 

Locations 

USA–253: RC Transformation in PA ......................... 100 100 

BRAC 05 Unspecified Worldwide 

Locations 

USA–113: Fort Monroe, VA ....................................... 12,184 12,184 

BRAC 05 Unspecified Worldwide 

Locations 

MED–57: Brooks City Base, TX ................................ 326 326 

BRAC 05 Unspecified Worldwide 

Locations 

DON–168: NS Newport, RI ........................................ 1,742 1,742 

BRAC 05 Unspecified Worldwide 

Locations 

DON–100: Planing, Design and Management ............ 5,038 5,038 

BRAC 05 Unspecified Worldwide 

Locations 

Comm Add 3: Galena Fol, AK .................................... 1,337 1,337 

BRAC 05 Unspecified Worldwide 

Locations 

IND–112: River Bank Army Ammo Plant, CA .......... 22,431 22,431 

BRAC 05 Unspecified Worldwide 

Locations 

DON–172: NWS Seal Beach, Concord, CA ................ 2,129 2,129 

BRAC 05 Unspecified Worldwide 

Locations 

USA–236: RC Transformation in CT ......................... 557 557 

BRAC 05 Unspecified Worldwide 

Locations 

DON–157: MCSA Kansas City, MO ........................... 39 39 

BRAC 05 Unspecified Worldwide 

Locations 

USA–222: Fort McPherson, GA ................................. 6,772 6,772 

BRAC 05 Unspecified Worldwide 

Locations 

USA–121: Fort Gillem, GA ......................................... 4,976 4,976 

BRAC 05 Unspecified Worldwide 

Locations 

DON–138: NAS Brunswick, ME ................................ 4,897 4,897 

BRAC 05 Unspecified Worldwide 

Locations 

MED–2: Walter Reed NMMC, Bethesda, MD ............ 7,787 7,787 

BRAC 05 Unspecified Worldwide 

Locations 

DON–101: Various Locations ..................................... 4,176 4,176 

BRAC 05 Unspecified Worldwide 

Locations 

IND–110: Mississippi Army Ammo Plant, MS ........... 160 160 

BRAC 05 Unspecified Worldwide 

Locations 

Program Management Various Locations ................... 20,453 20,453 

BRAC 05 Unspecified Worldwide 

Locations 

IND–119: Newport Chemical Depot, IN ..................... 197 197 

BRAC 05 Unspecified Worldwide 

Locations 

IND–106: Kansas Army Ammunition Plant, KS ........ 7,280 7,280 

BRAC 05 Unspecified Worldwide 

Locations 

IND–122: Lone Star Army Ammo Plant, TX ............ 11,379 11,379 

Total Base Realignment and Closure Account 2005 ........................................................ 126,697 126,697 

Worldwide Unspecified 

BRAC IV Base Realignment & 

Closure, Navy 

Base Realignment & Closure ....................................... 146,951 146,951 

BRAC IV Base Realignment & 

Closure, Air Force 

Base Realignment & Closure ....................................... 122,552 122,552 

BRAC IV Base Realignment & 

Closure, Army 

Base Realignment & Closure ....................................... 79,893 79,893 

Total Base Realignment and Closure Account 1990 ........................................................ 349,396 349,396 

Worldwide Unspecified 

PYS Unspecified Worldwide 

Locations 

BRAC 2005 ................................................................. 0 –126,697 

PYS Unspecified Worldwide 

Locations 

Contingency Construction ............................................ 0 –20,000 

Total Prior Year Savings ............................................................................................................ 0 –146,697 

Total Military Construction .............................................................................................................. 11,222,710 10,838,192 


smartinez on DSK6TPTVN1PROD with BILLS
1236 

HR 4310 RFS

1 SEC. 4602. OVERSEAS CONTINGENCY OPERATIONS. 

SEC. 4602. OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Account State/Country and 

Installation Project Title FY 2013 Request Agreement 

Bahrain Island 

Navy SW Asia Transient Quarters ...................................................... 0 41,529 

Navy SW Asia Combined Dining Facility ............................................ 0 9,819 

Djibouti 

Navy Camp Lemonier, 

Djibouti 

Joint HQ/Joint Operations Center Facility ................ 0 42,730 

Navy Camp Lemonier, 

Djibouti 

Galley Addition and Warehouse .................................. 0 22,220 

Navy Camp Lemonier, 

Djibouti 

Fitness Center ............................................................. 0 26,960 

Navy Camp Lemonier, 

Djibouti 

Containerized Living and Work Units ......................... 0 7,510 

Total Military Construction, Navy ............................................................................................. 0 150,768 

Worldwide Unspecified 

PYS Unspecified Worldwide 

Locations 

112–10 and Title IV of Division H P.L. 112–74 ....... 0 –150,768 

Total Prior Year Savings ................................................................................................................ 0 –150,768 

Total Military Construction .............................................................................................................. 0 0 

2 TITLE XLVII—DEPARTMENT OF 

3 ENERGY NATIONAL SECURITY 

4 PROGRAMS 

5 SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY 

6 PROGRAMS. 

SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS 

(In Thousands of Dollars) 

Program FY2013 

Request 

House 

Authorized 

Discretionary Summary By Appropriation 

Energy And Water Development, And Related Agencies 

Appropriation Summary: 

Energy Programs 

Electricity delivery and energy reliability ........................................... 6,000 6,000 

Atomic Energy Defense Activities 

National nuclear security administration: 

Weapons activities ....................................................................... 7,577,341 7,900,979 

Defense nuclear nonproliferation ................................................ 2,458,631 2,485,631 

Naval reactors ............................................................................. 1,088,635 1,187,635 

Office of the administrator ......................................................... 411,279 363,279 

Total, National nuclear security administration ................................. 11,535,886 11,937,524 

Environmental and other defense activities: 

Defense environmental cleanup ................................................... 5,472,001 5,482,001 

Other defense activities ............................................................... 735,702 685,702 

Total, Environmental & other defense activities ................................ 6,207,703 6,167,703 

Total, Atomic Energy Defense Activities ................................................... 17,743,589 18,105,227 

Total, Discretionary Funding ........................................................................ 17,749,589 18,111,227 

Electricity Delivery & Energy Reliability 

Electricity Delivery & Energy Reliability 

Infrastructure security & energy restoration .............................................. 6,000 6,000 

Weapons Activities 

Directed stockpile work 

Life extension programs 

B61 Life extension program ............................................................... 369,000 435,000 

W76 Life extension program .............................................................. 174,931 255,931 


smartinez on DSK6TPTVN1PROD with BILLS
1237 

HR 4310 RFS

SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS 

(In Thousands of Dollars) 

Program FY2013 

Request 

House Authorized 

Total, Life extension programs .................................................................. 543,931 690,931 

Stockpile systems 

B61 Stockpile systems ........................................................................ 72,364 72,364 

W76 Stockpile systems ....................................................................... 65,445 65,445 

W78 Stockpile systems ....................................................................... 139,207 151,207 

W80 Stockpile systems ....................................................................... 46,540 46,540 

B83 Stockpile systems ........................................................................ 57,947 57,947 

W87 Stockpile systems ....................................................................... 85,689 85,689 

W88 Stockpile systems ....................................................................... 123,217 128,217 

Total, Stockpile systems ............................................................................. 590,409 607,409 

Weapons dismantlement and disposition 

Operations and maintenance .............................................................. 51,265 51,265 

Stockpile services 

Production support ............................................................................. 365,405 371,405 

Research and development support .................................................... 28,103 32,103 

R&D certification and safety .............................................................. 191,632 218,632 

Management, technology, and production .......................................... 175,844 184,844 

Plutonium sustainment ....................................................................... 141,685 150,685 

Total, Stockpile services ............................................................................. 902,669 957,669 

Total, Directed stockpile work ........................................................................... 2,088,274 2,307,274 

Campaigns: 

Science campaign 

Advanced certification ......................................................................... 44,104 73,604 

Primary assessment technologies ........................................................ 94,000 101,000 

Dynamic materials properties ............................................................. 97,000 106,000 

Advanced radiography ........................................................................ 30,000 30,000 

Secondary assessment technologies .................................................... 85,000 85,000 

Total, Science campaign ............................................................................. 350,104 395,604 

Engineering campaign 

Enhanced surety ................................................................................. 46,421 54,921 

Weapon systems engineering assessment technology ......................... 18,983 18,983 

Nuclear survivability ........................................................................... 21,788 21,788 

Enhanced surveillance ......................................................................... 63,379 71,379 

Total, Engineering campaign ..................................................................... 150,571 167,071 

Inertial confinement fusion ignition and high yield campaign 

Diagnostics, cryogenics and experimental support ............................. 81,942 81,942 

Ignition ............................................................................................... 84,172 54,172 

Support of other stockpile programs .................................................. 14,817 34,817 

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 ..................... 460,000 450,000 

Advanced simulation and computing campaign ......................................... 600,000 570,000 

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 1,712,770 

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 


smartinez on DSK6TPTVN1PROD with BILLS
1238 

HR 4310 RFS

SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS 

(In Thousands of Dollars) 

Program FY2013 

Request 

House Authorized 

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 ............................................................................................ 17,909 17,909 

09–D–404 Test capabilities revitalization II, Sandia National Laboratories, ......................................................................................... 11,332 11,332 

08–D–802 High explosive pressing facility Pantex Plant, Amarillo, 

TX ................................................................................................... 24,800 24,800 

06–D–141 PED/Construction, UPF Y–12, Oak Ridge, TN .............. 340,000 340,000 

04–D–125 Chemistry and metallurgy facility replacement project, 

Los Ala ............................................................................................ 0 100,000 

Total, Construction ..................................................................................... 450,134 550,134 

Total, Readiness in technical base and facilities ................................................ 2,239,828 2,339,828 

Secure transportation asset 

Operations and equipment .......................................................................... 114,965 114,965 

Program direction ....................................................................................... 104,396 104,396 

Total, Secure transportation asset ..................................................................... 219,361 219,361 

Nuclear counterterrorism incident response ...................................................... 247,552 247,552 

Site stewardship 

Operations and maintenance ...................................................................... 90,001 72,639 

Total, Site stewardship ...................................................................................... 90,001 72,639 

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 7,900,979 

Total, Weapons Activities ................................................................................ 7,577,341 7,900,979 

Defense Nuclear Nonproliferation 

Nonproliferation and verification R&D 

Operations and maintenance ...................................................................... 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 ....................................................................... 466,021 493,021 

Legacy contractor pensions ................................................................................ 62,000 62,000 

Total, Defense Nuclear Nonproliferation .................................................. 2,458,631 2,485,631 


smartinez on DSK6TPTVN1PROD with BILLS
1239 

HR 4310 RFS

SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS 

(In Thousands of Dollars) 

Program FY2013 

Request 

House Authorized 

Naval Reactors 

Naval reactors development ............................................................................... 418,072 418,072 

Ohio replacement reactor systems development ................................................. 89,700 186,700 

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, 

Nav ......................................................................................................... 5,700 5,700 

Total, Construction ............................................................................................ 49,590 49,590 

Program direction .............................................................................................. 43,212 45,212 

Subtotal, Naval Reactors ........................................................................................... 1,088,635 1,187,635 

Adjustments: 

Rescission of prior year balances ............................................................... 0 0 

Total, Naval Reactors ........................................................................................ 1,088,635 1,187,635 

Office Of The Administrator 

Office of the administrator ................................................................................. 411,279 363,279 

Total, Office Of The Administrator ............................................................. 411,279 363,279 

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 


smartinez on DSK6TPTVN1PROD with BILLS
1240 

HR 4310 RFS

SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS 

(In Thousands of Dollars) 

Program FY2013 

Request 

House Authorized 

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 

Technology development ..................................................................................... 20,000 30,000 

Uranium enrichment D&D fund contribution .................................................... 463,000 463,000 

Subtotal, Defense environmental cleanup .................................................................. 5,494,124 5,504,124 

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 5,482,001 

Other Defense Activities 

Health, safety and security 

Health, safety and security ........................................................................ 139,325 139,325 

Program direction ....................................................................................... 106,175 106,175 

Undistributed adjustment ........................................................................... –50,000 

Total, Health, safety and security ..................................................................... 245,500 195,500 

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 .............................................................................. 735,702 685,702

Total, Other Defense Activities ..................................................................... 735,702 685,702 

Passed the House of Representatives May 18, 2012. 

Attest: KAREN L. HAAS, 

Clerk. 


smartinez on DSK6TPTVN1PROD with BILLS