IB 

Union Calendar No. 335 

112TH CONGRESS 

2D SESSION H. R. 4310 

[Report No. 112–479] 

To authorize appropriations for fiscal year 2013 for military activities of 

the Department of Defense, to prescribe military personnel strengths 

for fiscal year 2013, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 29, 2012 

Mr. MCKEON (for himself and Mr. SMITH of Washington) (both by request): 

introduced the following bill; which was referred to the Committee on 

Armed Services 

MAY 11, 2012 

Reported with amendments, committed to the Committee of the Whole House 

on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on March 29, 2012] 

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A BILL 

To authorize appropriations for fiscal year 2013 for military 

activities of the Department of Defense, to prescribe 

military personnel strengths for fiscal year 2013, and 

for other purposes. 

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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 Author11 izations. 

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

14 (3) Division C—Department of Energy National 

15 Security Authorizations and Other Authorizations. 

16 (4) Division D—Funding Tables. 

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

18 this Act is as follows: 

Sec. 1. Short title. 

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

Sec. 3. Congressional defense committees. 

DIVISION A—DEPARTMENT OF DEFENSE AUTHORIZATIONS 

TITLE I—PROCUREMENT 

Subtitle A—Authorization of Appropriations 

Sec. 101. Authorization of appropriations. 

Subtitle B—Army Programs 

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

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

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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 Carrierlaunched Surveillance and Strike system program. 

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

target indicator capability of the Air Force. 

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. 

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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. 

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. 

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. 

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Subtitle C—Logistics and Sustainment 

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

Sec. 322. Depot-level maintenance and repair. 

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. 

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. 

Subtitle F—Limitations and Extensions of Authority 

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. 

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. 

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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. 

Sec. 506. Modification to limitations on number of officers for whom service-ingrade 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. 

Subtitle C—General Service Authorities 

Sec. 521. Modifications to career intermission pilot program. 

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

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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. 

Subtitle E—Member Education and Training Opportunities and 

Administration 

Sec. 541. Transfer of Troops-to-Teachers program from Department of Education 

to Department of Defense and enhancements to the program. 

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

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

installations by representatives of for-profit educational institutions. 

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. 

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. 

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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. 

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. 

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. 

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. 

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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. 

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 

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. 

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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. 

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. 

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 

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. 

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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. 

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. Requirement for procurement of infrared technologies from national 

technology and industrial base. 

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

supplied to Afghan military or Afghan National Police. 

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. 

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. 

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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. 

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 

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. 

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. 

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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 counter-drug 

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. 

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 

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. Habeas corpus rights. 

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. 

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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. 

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. 

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. 

Subtitle H—Other Matters 

Sec. 1081. Bipartisan independent strategic review panel. 

Sec. 1082. Notification of delayed reports. 

Sec. 1083. Technical and clerical amendments. 

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. 

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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 

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. 

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. 

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. 

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

missile defense technology. 

Sec. 1237. International agreements relating to missile defense. 

TITLE XIII—COOPERATIVE THREAT REDUCTION 

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

Sec. 1302. Funding allocations. 

TITLE XIV—OTHER AUTHORIZATIONS 

Subtitle A—Military Programs 

Sec. 1401. Working capital funds. 

Sec. 1402. National Defense Sealift Fund. 

Sec. 1403. 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 

Sec. 1501. Purpose. 

Sec. 1502. Procurement. 

Sec. 1503. Research, development, test, and evaluation. 

Sec. 1504. Operation and maintenance. 

Sec. 1505. Military personnel. 

Sec. 1506. Working capital funds. 

Sec. 1507. Defense Health Program. 

Sec. 1508. Drug Interdiction and Counter-Drug Activities, Defense-wide. 

Sec. 1509. Defense Inspector General. 

Subtitle B—Financial Matters 

Sec. 1521. Treatment as additional authorizations. 

Sec. 1522. Special transfer authority. 

Subtitle C—Limitations and Other Matters 

Sec. 1531. Joint Improvised Explosive Device Defeat Fund. 

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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

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. 

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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. 

PART IX—OTHER MATTERS

Sec. 1695. Surety bonds. 

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. 

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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 

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. 

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Subtitle B—Other Matters 

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

projects. 

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

projects. 

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

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

TITLE XXVII—BASE REALIGNMENT AND CLOSURE ACTIVITIES 

Subtitle A—Authorization of Appropriations 

Sec. 2701. Authorization of appropriations for base realignment and closure activities funded through Department of Defense Base Closure Account 1990. 

Sec. 2702. Authorization of appropriations for base realignment and closure activities funded through Department of Defense Base Closure Account 2005. 

Subtitle B—Other Matters 

Sec. 2711. Consolidation of Department of Defense base closure accounts and authorized uses of base closure account funds. 

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

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

(BRAC) round. 

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. 

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. 

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Subtitle C—Energy Security 

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

real property under the jurisdiction of a military department. 

Sec. 2822. 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. 

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. 

TITLE XXIX—OVERSEAS CONTINGENCY OPERATIONS MILITARY 

CONSTRUCTION 

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

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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. 

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 

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. 

Subtitle E—Other Matters 

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

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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. 

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. Procurement of ship disposal. 

Sec. 3504. Limitation of National Defense Reserve Fleet vessels to those over 1,500 

gross tons. 

Sec. 3505. Donation of excess fuel to maritime academies. 

Sec. 3506. Clarification of heading. 

Sec. 3507. Transfer of vessels to the National Defense Reserve Fleet. 

Sec. 3508. Amendments relating to the National Defense Reserve Fleet. 

Sec. 3509. Extension of Maritime Security Fleet program. 

DIVISION D—FUNDING TABLES 

Sec. 4001. Authorization of amounts in funding tables. 

TITLE XLI—PROCUREMENT 

Sec. 4101. Procurement. 

Sec. 4102. Procurement for overseas contingency operations. 

TITLE XLII—RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

Sec. 4201. Research, development, test, and evaluation. 

Sec. 4202. Research, development, test, and evaluation for overseas contingency 

operations. 

TITLE XLIII—OPERATION AND MAINTENANCE 

Sec. 4301. Operation and maintenance. 

Sec. 4302. Operation and maintenance for overseas contingency operations. 

TITLE XLIV—MILITARY PERSONNEL 

Sec. 4401. Military personnel. 

Sec. 4402. Military personnel for overseas contingency operations. 

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TITLE XLV—OTHER AUTHORIZATIONS 

Sec. 4501. Other authorizations. 

Sec. 4502. Other authorizations for overseas contingency operations. 

TITLE XLVI—MILITARY CONSTRUCTION 

Sec. 4601. Military construction. 

Sec. 4602. Military construction for overseas contingency operations. 

TITLE XLVII—DEPARTMENT OF ENERGY NATIONAL SECURITY 

PROGRAMS 

Sec. 4701. Department of Energy national security programs. 

1 SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES. 

2 In this Act, the term ‘‘congressional defense commit3 tees’’ has the meaning given that term in section 101(a)(16) 

4 of title 10, United States Code. 

5 DIVISION A—DEPARTMENT OF 

6 DEFENSE AUTHORIZATIONS 

7 TITLE I—PROCUREMENT 

8 Subtitle A—Authorization of 

9 Appropriations 

10 SEC. 101. AUTHORIZATION OF APPROPRIATIONS. 

11 Funds are hereby authorized to be appropriated for fis12 cal year 2013 for procurement for the Army, the Navy and 

13 the Marine Corps, the Air Force, and Defense-wide activi14 ties, as specified in the funding table in section 4101. 

15 Subtitle B—Army Programs 

16 SEC. 111. MULTIYEAR PROCUREMENT AUTHORITY FOR 

17 ARMY CH–47 HELICOPTERS. 

18 (a) AUTHORITY FOR MULTIYEAR PROCUREMENT.—In 

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

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1 Code, the Secretary of the Army may enter into a multiyear 

2 contract, beginning with the fiscal year 2013 program year, 

3 for the procurement of airframes for CH–47F helicopters. 

4 (b) CONDITION FOR OUT-YEAR CONTRACT PAY5 MENTS.—A contract entered into under subsection (a) shall 

6 provide that any obligation of the United States to make 

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

8 year 2013 is subject to the availability of appropriations 

9 for that purpose for such later fiscal year. 

10 SEC. 112. REPORTS ON AIRLIFT REQUIREMENTS OF THE 

11 ARMY. 

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

13 each year thereafter through 2017, the Secretary of the 

14 Army shall submit to the congressional defense committees 

15 a report on the time-sensitive or mission-critical airlift re16 quirements of the Army. 

17 (b) MATTERS INCLUDED.—The reports under sub18 section (a) shall include, with respect to the fiscal year be19 fore the fiscal year in which the report is submitted, the 

20 following information: 

21 (1) The total number of time-sensitive or mis22 sion-critical airlift movements required for training, 

23 steady-state, and contingency operations. 

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1 (2) The total number of time-sensitive or mis2 sion-critical airlift sorties executed for training, 

3 steady-state, and contingency operations. 

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

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

6 operated using each of— 

7 (A) aircraft of the Army; 

8 (B) aircraft of the Air Force; and 

9 (C) aircraft of contractors. 

10 (4) For each sortie described under subpara11 graph (A) or (C) of paragraph (3), an explanation for 

12 why the Secretary did not use aircraft of the Air 

13 Force to support the mission. 

14 Subtitle C—Navy Programs 

15 SEC. 121. RETIREMENT OF NUCLEAR-POWERED BALLISTIC 

16 SUBMARINES. 

17 Section 5062 of title 10, United States Code, is amend18 ed by adding at the end the following new subsection: 

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

20 Navy may not retire or decommission a nuclear-powered 

21 ballistic missile submarine if such retirement or decommis22 sioning would result in the active or commissioned fleet of 

23 such submarines consisting of less than 12 submarines. 

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

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1 verted to carry exclusively non-nuclear payloads as of Octo2 ber 1, 2012.’’. 

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

4 CONSTRUCTION AUTHORITY. 

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

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

7 364; 120 Stat. 2104), as amended by section 124 of the Na8 tional Defense Authorization Act for Fiscal Year 2012 (Pub9 lic Law 112–81; 125 Stat. 1320), is amended by striking 

10 ‘‘four fiscal years’’ and inserting ‘‘five fiscal years’’. 

11 SEC. 123. EXTENSION OF MULTIYEAR PROCUREMENT AU12 THORITY FOR F/A–18E, F/A–18F, AND EA–18G 

13 AIRCRAFT. 

14 Section 128 of the National Defense Authorization Act 

15 for Fiscal Year 2010 (Public Law 111–84; 123 Stat. 2217), 

16 as amended by Public Law 111–238 (124 Stat. 2500), is 

17 amended by adding at the end the following new subsection: 

18 ‘‘(f) EXTENSION OF MULTIYEAR AUTHORITY.—Not19 withstanding section 2306b of title 10, United States Code, 

20 the Secretary of the Navy may modify a multiyear contract 

21 entered into under subsection (a) to add a fifth production 

22 year to such contract.’’. 

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

2 JOINT AIRCRAFT PROGRAM. 

3 (a) AUTHORITY FOR MULTIYEAR PROCUREMENT.—In 

4 accordance with section 2306b of title 10, United States 

5 Code, the Secretary of the Navy may enter into a multiyear 

6 contract, beginning with the fiscal year 2013 program year, 

7 for the procurement of V–22 aircraft for the Department 

8 of the Navy, the Department of the Air Force, and the 

9 United States Special Operations Command. 

10 (b) CONDITION FOR OUT-YEAR CONTRACT PAY11 MENTS.—A contract entered into under subsection (a) shall 

12 provide that any obligation of the United States to make 

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

14 year 2013 is subject to the availability of appropriations 

15 for that purpose for such later fiscal year. 

16 SEC. 125. MULTIYEAR PROCUREMENT AUTHORITY FOR 

17 ARLEIGH BURKE-CLASS DESTROYERS AND AS18 SOCIATED SYSTEMS. 

19 (a) AUTHORITY FOR MULTIYEAR PROCUREMENT.—In 

20 accordance with section 2306b of title 10, United States 

21 Code, the Secretary of the Navy may enter into a multiyear 

22 contract, beginning with the fiscal year 2013 program year, 

23 for the procurement of not more than 10 Arleigh Burke24 class guided missile destroyers, including the Aegis weapon 

25 systems, MK 41 vertical launching systems, and commercial 

26 broadband satellite systems associated with such vessels. 

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1 (b) AUTHORITY FOR ADVANCE PROCUREMENT.—The 

2 Secretary of the Navy may enter into a contract, beginning 

3 in fiscal year 2013, for advance procurement associated 

4 with the vessels and systems for which authorization to 

5 enter into a multiyear procurement contract is provided 

6 under subsection (a). 

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

9 provide that any obligation of the United States to make 

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

11 year 2013 is subject to the availability of appropriations 

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

13 SEC. 126. MULTIYEAR PROCUREMENT AUTHORITY FOR VIR14 GINIA-CLASS SUBMARINE PROGRAM. 

15 (a) AUTHORITY FOR MULTIYEAR PROCUREMENT.— 

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

17 2306b of title 10, United States Code, the Secretary 

18 of the Navy may enter into a multiyear contract, be19 ginning with the fiscal year 2014 program year, for 

20 the procurement of not more than 10 Virginia-class 

21 submarines and Government-furnished equipment as22 sociated with the Virginia-class submarine program. 

23 (2) USE OF INCREMENTAL FUNDING.—The Sec24 retary may use incremental funding with respect to 

25 a contract entered into under paragraph (1). 

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1 (b) AUTHORITY FOR ADVANCE PROCUREMENT.—The 

2 Secretary of the Navy may enter into a contract, beginning 

3 in fiscal year 2013, for advance procurement associated 

4 with the vessels and systems for which authorization to 

5 enter into a multiyear procurement contract is provided 

6 under subsection (a)(1). 

7 (c) CONDITION FOR OUT-YEAR CONTRACT PAY8 MENTS.—A contract entered into under subsection (a)(1) 

9 shall provide that any obligation of the United States to 

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

11 fiscal year 2014 is subject to the availability of appropria12 tions or funds for that purpose for such later fiscal year. 

13 SEC. 127. REFUELING AND COMPLEX OVERHAUL OF THE 

14 U.S.S. ABRAHAM LINCOLN. 

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

16 funds authorized to be appropriated or otherwise made 

17 available for fiscal year 2013 for shipbuilding and conver18 sion, Navy, not more than $1,613,392,000 may be obligated 

19 or expended for the commencement of the nuclear refueling 

20 and complex overhaul of the U.S.S. Abraham Lincoln 

21 (CVN–72) during such fiscal year. Such amount shall be 

22 the first increment in the two-year sequence of incremental 

23 funding planned for such nuclear refueling and complex 

24 overhaul. 

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

2 Navy may enter into a contract during fiscal year 2013 

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

4 Abraham Lincoln. 

5 (c) CONDITION FOR OUT-YEAR CONTRACT PAY6 MENTS.—A contract entered into under subsection (b) shall 

7 provide that any obligation of the United States to make 

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

9 year 2013 is subject to the availability of appropriations 

10 for that purpose for that later fiscal year. 

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

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

13 Navy shall submit to the congressional defense committees 

14 a report on the designs of the Littoral Combat Ship, includ15 ing comparative cost and performance information for both 

16 designs of such ship. 

17 SEC. 129. COMPTROLLER GENERAL REVIEWS OF LITTORAL 

18 COMBAT SHIP PROGRAM. 

19 (a) ACCEPTANCE OF LCS.— 

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

21 the United States shall conduct a review of the com22 pliance of the Secretary of the Navy with part 246 of 

23 title 48 of the Code of Federal Regulations and sub24 part 46.5 of the Federal Acquisition Regulation in ac25 cepting the LCS. 

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1 (2) MATTERS INCLUDED.—The review under 

2 paragraph (1) shall include a discussion of the knowl3 edge of, and determinations by, the LCS program of4 fice and contractors with respect to the following: 

5 (A) Potential for cracks in the LCS hull 

6 and deckhouse and any corresponding potential 

7 design risks. 

8 (B) Chargeable equipment failures. 

9 (C) Potential for engine failures or break10 downs. 

11 (D) Meeting key performance parameters, 

12 including speed. 

13 (E) Review of the quality of seals and 

14 welds. 

15 (F) Review of water jet corrosion. 

16 (G) Completeness of records to support ac17 ceptance of the LCS. 

18 (H) How the LCS risk and problems com19 pare to lead ships in comparable programs. 

20 (I) Security of the ship and systems, includ21 ing any known lapses. 

22 (J) Manning analysis, including how it 

23 would affect key performance parameters. 

24 (K) Strategies for balancing cost, schedule, 

25 and performance trade-offs as required by section 

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1 201 of the Weapon Systems Acquisition Reform 

2 Act of 2009 (Public Law 111–23; 123 Stat. 

3 1719). 

4 (b) OPERATIONAL SUPPORT.—Not later than 180 days 

5 after the date of the enactment of this Act, the Comptroller 

6 General shall submit to the congressional defense committees 

7 a report on the operational support and sustainment strat8 egy for the Littoral Combat Ship program, including mod9 ernization and logistics support. 

10 (c) COOPERATION.—For purposes of conducting the re11 view under subsection (a)(1) and (b), the Secretary of De12 fense shall ensure that the Comptroller General has access 

13 to— 

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

15 (2) all relevant communications between Depart16 ment officials, whether such communications occurred 

17 inside or outside the Federal Government. 

18 SEC. 130. SENSE OF CONGRESS ON IMPORTANCE OF ENGI19 NEERING IN EARLY STAGES OF SHIP20 BUILDING. 

21 It is the sense of Congress that— 

22 (1) placing a priority on engineering dollars in 

23 the early stages of shipbuilding programs is a vital 

24 component of keeping cost down; and 

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

2 take appropriate steps to prioritize early engineering 

3 in large ship construction including amphibious class 

4 ships beginning with the LHA–8. 

5 SEC. 131. SENSE OF CONGRESS ON MARINE CORPS AMPHIB6 IOUS LIFT AND PRESENCE REQUIREMENTS. 

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

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

9 force which leverages maneuver from the sea as a force 

10 multiplier allowing for a variety of operational tasks 

11 ranging from major combat operations to humani12 tarian assistance; 

13 (2) the United States Marine Corps is unique in 

14 that, while embarked upon Naval vessels, they bring 

15 all the logistic support necessary for the full range of 

16 military operations, operating ‘‘from the sea’’ they re17 quire no third party host nation permission to con18 duct military operations; 

19 (3) the Department of the Navy has a require20 ment for 38 amphibious assault ships to meet this full 

21 range of military operations; 

22 (4) for budgetary reasons only that requirement 

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

24 military risk to future operations; 

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1 (5) the Department of the Navy has been unable 

2 to meet even the minimal requirement of 33 oper3 ationally available vessels and has submitted a ship4 building and ship retirement plan to the Congress 

5 which will reduce the force to 28 vessels; and 

6 (6) experience has shown that early engineering 

7 and design of naval vessels has significantly reduced 

8 the acquisition costs and life-cycle costs of those ves9 sels. 

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

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

12 (1) the Navy should consider prioritization of in13 vestment in and procurement of the next generation 

14 of amphibious assault ships; 

15 (2) the next generation amphibious assault ships 

16 should maintain survivability protection level II in 

17 accordance with current Navy ship requirements; 

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

19 desirable element to reduce acquisition and life cycle 

20 cost; and 

21 (4) maintaining a robust amphibious ship22 building industrial base is vital for future national 

23 security. 

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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 following 

5 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 AIRCRAFT. 

20 (a) MODIFICATION TO LIMITATION ON RETIREMENT OF

21 C–5 AIRCRAFT.—Section 137(d)(3)(B) of the National De22 fense Authorization Act for Fiscal Year 2010 (Public Law 

23 111–84; 123 Stat. 2222) is amended by striking ‘‘316’’ and 

24 inserting ‘‘301’’. 

25 (b) REPORT.— 

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

2 2013, the Commander of the United States Transpor3 tation Command shall submit to the congressional de4 fense committees a report assessing the operational 

5 risk of meeting the steady-state and warfighting re6 quirements of the commanders of the geographical 

7 combatant commands with respect to the Secretary of 

8 the Air Force maintaining an inventory of strategic 

9 airlift aircraft of less than 301 aircraft. 

10 (2) MATTERS INCLUDED.—The report under 

11 paragraph (1) shall include a description and anal12 ysis of the assumptions made by the Commander with 

13 respect to— 

14 (A) aircraft usage rates; 

15 (B) aircraft mission availability rates; 

16 (C) aircraft mission capability rates; 

17 (D) aircrew ratios; 

18 (E) aircrew production; 

19 (F) aircrew readiness rates; and 

20 (G) any other assumption the Commander 

21 uses to develop such report. 

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

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

24 include a classified annex. 

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1 SEC. 143. LIMITATION ON AVAILABILITY OF FUNDS FOR DI2 VESTMENT OR RETIREMENT OF C–27J AIR3 CRAFT. 

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

5 funds authorized to be appropriated by this Act or otherwise 

6 made available for fiscal year 2013 for the Air Force may 

7 be used to divest, retire, or transfer, or prepare to divest, 

8 retire, or transfer, a C–27J aircraft until a period of 180 

9 days has elapsed following the date on which— 

10 (1) the Director of the Congressional Budget Of11 fice submits to the congressional defense committees 

12 the analysis conducted under subsection (b)(1); and 

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

14 (e)(2) of section 112 of the National Defense Author15 ization Act for Fiscal Year 2012 (Public Law 112– 

16 81; 125 Stat. 1318) are submitted to the congressional 

17 defense committees. 

18 (b) LIFE-CYCLE COST ANALYSIS.— 

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

20 Budget Office shall submit to the congressional defense 

21 committees a 40-year life-cycle cost analysis of C–27J 

22 aircraft, C–130H aircraft, and C–130J aircraft. 

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

24 analysis conducted under paragraph (1) shall— 

25 (A) take into account all upgrades and 

26 modifications required to sustain the aircraft 

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

2 service-life; 

3 (B) assess the most cost-effective and mis4 sion-effective manner for which C–27J aircraft 

5 could be affordably fielded by the Air National 

6 Guard, including by determining— 

7 (i) the number of basing locations re8 quired; 

9 (ii) the number of authorized personnel 

10 associated with a unit’s manning document; 

11 and 

12 (iii) the maintenance and sustainment 

13 strategy required; and 

14 (C) outline any limiting factors regarding 

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

16 cost assumptions used by the Director in such 

17 analysis and the actual costs incurred for air18 craft fielded by the Air Force as of the date of 

19 the analysis. 

20 (3) COOPERATION.—The Secretary of Defense 

21 shall provide the Director with any information, in22 cluding original source documentation, the Director 

23 determines is required to promptly conduct the anal24 ysis under paragraph (1). 

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1 SEC. 144. LIMITATION ON AVAILABILITY OF FUNDS FOR 

2 TERMINATION OF C–130 AVIONICS MOD3 ERNIZATION PROGRAM. 

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

5 appropriated by this Act or otherwise made available for 

6 fiscal year 2013 for the Air Force may be used to terminate 

7 the C–130 avionics modernization program until a period 

8 of 180 days has elapsed after the date on which the Sec9 retary of the Air Force submits to the congressional defense 

10 committees the cost-benefit analysis conducted under sub11 section (b)(1). 

12 (b) COST-BENEFIT ANALYSIS.— 

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

14 into an agreement with the Institute for Defense 

15 Analyses to conduct an independent cost-benefit anal16 ysis that compares the following alternatives: 

17 (A) Upgrading and modernizing the legacy 

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

19 modernization program. 

20 (B) Upgrading and modernizing the legacy 

21 C-130 airlift fleet using a reduced scope program 

22 for avionics and mission planning systems. 

23 (2) MATTERS INCLUDED.—The cost-benefit anal24 ysis conducted under paragraph (1) shall take into 

25 account— 

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

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1 (i) each of the alternatives described in 

2 subparagraphs (A) and (B); and 

3 (ii) C–130 aircraft that are not up4 graded or modernized; and 

5 (B) the future costs associated with the po6 tential upgrades to avionics and mission systems 

7 that may be required in the future for legacy C– 

8 130 aircraft to remain relevant and mission ef9 fective. 

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

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

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

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

14 budget of the President is submitted to Congress under sec15 tion 1105(a) of title 31, United States Code, for fiscal year 

16 2014, the Secretary of the Air Force shall submit to the con17 gressional defense committees a report of the review under 

18 subsection (a), including— 

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

20 130 aircraft will be retired or relocated during fiscal 

21 years 2014 through 2018; 

22 (2) a description of the methodologies underlying 

23 such determinations, including the factors and as24 sumptions that shaped the specific determinations; 

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

2 be retired or relocated with respect to such aircraft of 

3 the regular components and such aircraft of the re4 serve components; and 

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

6 saved with respect to retiring or relocating C–130 air7 craft. 

8 (c) COMPTROLLER GENERAL REVIEW.—Not later than 

9 60 days after the date on which the report is submitted 

10 under subsection (b), the Comptroller General of the United 

11 States shall submit to the congressional defense committees 

12 a review of such report, including the costs and benefits of 

13 the planned retirements and relocations described in such 

14 report. 

15 SEC. 146. LIMITATION ON AVAILABILITY OF FUNDS FOR 

16 EVOLVED EXPENDABLE LAUNCH VEHICLE 

17 PROGRAM. 

18 (a) SENSE OF CONGRESS.—It is the sense of Congress 

19 that— 

20 (1) assured access to space remains critical to 

21 national security; and 

22 (2) the plan by the Air Force to commit, begin23 ning in fiscal year 2013, to an annual production 

24 rate of launch vehicle booster cores should maintain 

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1 mission assurance, stabilize the industrial base, re2 duce costs, and provide opportunities for competition. 

3 (b) LIMITATION.—Of the funds authorized to be appro4 priated by this Act or otherwise made available for fiscal 

5 year 2013 for the Air Force for the evolved expendable 

6 launch vehicle program, 10 percent may not be obligated 

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

8 Air Force submits to the appropriate congressional commit9 tees— 

10 (1) a report describing the acquisition strategy 

11 for such program; and 

12 (2) written certification that such strategy— 

13 (A) maintains assured access to space; 

14 (B) achieves substantial cost savings; and 

15 (C) provides opportunities for competition. 

16 (c) MATTERS INCLUDED.—The report under subsection 

17 (b)(1) shall include the following information: 

18 (1) The anticipated savings to be realized under 

19 the acquisition strategy for the evolved expendable 

20 launch vehicle program. 

21 (2) The number of launch vehicle booster cores 

22 covered by the planned contract for such program. 

23 (3) The number of years covered by such con24 tract. 

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1 (4) An assessment of when new entrants that 

2 have submitted a statement of intent will be certified 

3 to compete for evolved expendable launch vehicle-class 

4 launches. 

5 (5) The projected launch manifest, including pos6 sible opportunities for certified new entrants to com7 pete for evolved expendable launch vehicle-class 

8 launches. 

9 (6) Any other relevant analysis used to inform 

10 the acquisition strategy for such program. 

11 (d) COMPTROLLER GENERAL.— 

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

13 United States shall review the report under subsection 

14 (b)(1). 

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

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

17 is submitted to the appropriate congressional commit18 tees, the Comptroller General shall— 

19 (A) submit to such committees a report on 

20 the review under paragraph (1); or 

21 (B) provide to such committees a briefing 

22 on such review. 

23 (e) APPROPRIATE CONGRESSIONAL COMMITTEES DE24 FINED.—In this section, the term ‘‘appropriate congres25 sional committees’’ means the following: 

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1 (1) The congressional defense committees. 

2 (2) The Permanent Select Committee on Intel3 ligence of the House of Representatives and the Select 

4 Committee on Intelligence of the Senate. 

5 SEC. 147. PROCUREMENT OF SPACE-BASED INFRARED SYS6 TEMS. 

7 (a) CONTRACT AUTHORITY.— 

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

9 Force may procure two space-based infrared systems 

10 by entering into a fixed-price contract. Such procure11 ment may also include— 

12 (A) material and equipment in economic 

13 order quantities when cost savings are achiev14 able; and 

15 (B) cost reduction initiatives. 

16 (2) USE OF INCREMENTAL FUNDING.—With re17 spect to a contract entered into under paragraph (1) 

18 for the procurement of space-based infrared systems, 

19 the Secretary may use incremental funding for a pe20 riod not to exceed six fiscal years. 

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

22 paragraph (1) shall provide that any obligation of the 

23 United States to make a payment under the contract 

24 is subject to the availability of appropriations for 

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1 ernment for termination of any contract entered into 

2 shall be limited to the total amount of funding obli3 gated at the time of termination. 

4 (b) LIMITATION OF COSTS.— 

5 (1) LIMITATION.—Except as provided by sub6 section (c), and excluding amounts described in para7 graph (2), the total amount obligated or expended for 

8 the procurement of two space-based infrared systems 

9 authorized by subsection (a) may not exceed 

10 $3,900,000,000. 

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

12 paragraph are amounts associated with the following: 

13 (A) Plans. 

14 (B) Technical data packages. 

15 (C) Post-delivery and program support 

16 costs. 

17 (D) Technical support for obsolescence stud18 ies. 

19 (c) WAIVER AND ADJUSTMENT TO LIMITATION

20 AMOUNT.— 

21 (1) WAIVER.—In accordance with paragraph 

22 (2), the Secretary may waive the limitation in sub23 section (b)(1) if the Secretary submits to the congres24 sional defense committees written notification of the 

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1 adjustment made to the amount set forth in such sub2 section. 

3 (2) ADJUSTMENT.—Upon waiving the limitation 

4 under paragraph (1), the Secretary may adjust the 

5 amount set forth in subsection (b)(1) by the following: 

6 (A) The amounts of increases or decreases 

7 in costs attributable to economic inflation after 

8 September 30, 2012. 

9 (B) The amounts of increases or decreases 

10 in costs attributable to compliance with changes 

11 in Federal, State, or local laws enacted after 

12 September 30, 2012. 

13 (C) The amounts of increases or decreases 

14 in costs of the satellites that are attributable to 

15 insertion of new technology into a space-based 

16 infrared system, as compared to the technology 

17 built into such a system procured prior to fiscal 

18 year 2013, if the Secretary determines, and cer19 tifies to the congressional defense committees, 

20 that insertion of the new technology is— 

21 (i) expected to decrease the life-cycle 

22 cost of the system; or 

23 (ii) required to meet an emerging 

24 threat that poses grave harm to national se25 curity. 

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

2 on which the Secretary awards a contract under subsection 

3 (a), the Secretary shall submit to the congressional defense 

4 committees a report on such contract, including the fol5 lowing: 

6 (1) The total cost savings resulting from the au7 thority provided by subsection (a). 

8 (2) The type and duration of the contract 

9 awarded. 

10 (3) The total contract value. 

11 (4) The funding profile by year. 

12 (5) The terms of the contract regarding the treat13 ment of changes by the Federal Government to the re14 quirements of the contract, including how any such 

15 changes may affect the success of the contract. 

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

17 paragraph (1) to improve the capability of overhead 

18 persistent infrared, including a description of— 

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

20 from such cost savings; 

21 (B) the specific activities or subprograms to 

22 be funded by such cost savings and the funds, by 

23 year, allocated to each such activity or subpro24 gram; 

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1 (C) the objectives for each such activity or 

2 subprogram and the criteria used by the Sec3 retary to determine which such activity or sub4 program to fund; 

5 (D) the method in which such activities or 

6 subprograms will be awarded, including whether 

7 it will be on a competitive basis; and 

8 (E) the process for determining how and 

9 when such activities and subprograms would 

10 transition to an existing program or be estab11 lished as a new program of record. 

12 Subtitle E—Joint and Multiservice 

13 Matters 

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

15 OPERATIONAL CAPABILITY DATES. 

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

17 Secretary of the Air Force shall— 

18 (1) establish the initial operational capability 

19 date for the F–35A aircraft; and 

20 (2) submit to the congressional defense commit21 tees a report on the details of such initial operational 

22 capability. 

23 (b) F–35B AND F–35C.—Not later than December 31, 

24 2012, the Secretary of the Navy shall— 

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1 (1) establish the initial operational capability 

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

3 (2) submit to the congressional defense commit4 tees a report on the details of such initial operational 

5 capabilities for both variants. 

6 SEC. 152. LIMITATION ON AVAILABILITY OF FUNDS FOR RE7 TIREMENT OF RQ–4 GLOBAL HAWK UN8 MANNED AIRCRAFT SYSTEMS. 

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

10 appropriated by this Act or otherwise made available for 

11 fiscal year 2013 for the Department of Defense may be obli12 gated or expended to retire, prepare to retire, or place in 

13 storage an RQ–4 Block 30 Global Hawk unmanned aircraft 

14 system. 

15 (b) MAINTAINED LEVELS.—During the period pre16 ceding December 31, 2014, in supporting the operational 

17 requirements of the combatant commands, the Secretary of 

18 the Air Force shall maintain the operational capability of 

19 each RQ–4 Block 30 Global Hawk unmanned aircraft sys20 tem belonging to the Air Force or delivered to the Air Force 

21 during such period. 

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1 SEC. 153. COMMON DATA LINK FOR MANNED AND UN2 MANNED INTELLIGENCE, SURVEILLANCE, 

3 AND RECONNAISSANCE SYSTEMS. 

4 Section 141 of the National Defense Authorization Act 

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

6 3164), as amended by section 143 of the National Defense 

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

8 84; 123 Stat. 2223), is amended by adding at the end the 

9 following new subsection: 

10 ‘‘(e) STANDARDS IN SOLICITATIONS.—The Secretary of 

11 Defense shall ensure that a solicitation for a common data 

12 link described in subsection (a)— 

13 ‘‘(1) complies with the most recently issued com14 mon data link specification standard of the Depart15 ment of Defense as of the date of the solicitation; and 

16 ‘‘(2) does not include any proprietary or un17 documented interface or waveform as a requirement 

18 or criterion for evaluation.’’. 

19 TITLE II—RESEARCH, DEVELOP20 MENT, TEST, AND EVALUA21 TION 

22 Subtitle A—Authorization of 

23 Appropriations 

24 SEC. 201. AUTHORIZATION OF APPROPRIATIONS. 

25 Funds are hereby authorized to be appropriated for fis26 cal year 2013 for the use of the Department of Defense for 

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

2 the funding table in section 4201. 

3 Subtitle B—Program Requirements, 

4 Restrictions, and Limitations 

5 SEC. 211. NEXT-GENERATION LONG-RANGE STRIKE BOMBER 

6 AIRCRAFT NUCLEAR CERTIFICATION RE7 QUIREMENT. 

8 The Secretary of the Air Force shall ensure that the 

9 next-generation long-range strike bomber is— 

10 (1) capable of carrying strategic nuclear weap11 ons as of the date on which such aircraft achieves ini12 tial operating capability; and 

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

14 than two years after such date. 

15 SEC. 212. UNMANNED COMBAT AIR SYSTEM. 

16 The Secretary of the Navy shall— 

17 (1) conduct additional technology development 

18 risk reduction activities using the unmanned combat 

19 air system; and 

20 (2) preserve a competitive acquisition environ21 ment for the Unmanned Carrier-launched Surveil22 lance and Strike system program. 

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1 SEC. 213. EXTENSION OF LIMITATION ON AVAILABILITY OF 

2 FUNDS FOR UNMANNED CARRIER-LAUNCHED 

3 SURVEILLANCE AND STRIKE SYSTEM PRO4 GRAM. 

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

6 section 213 of the National Defense Authorization Act for 

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

8 amended by inserting ‘‘or fiscal year 2013’’ after ‘‘fiscal 

9 year 2012’’. 

10 (b) TECHNOLOGY DEVELOPMENT PHASE.—Such sec11 tion is further amended by adding at the end the following 

12 new subsection: 

13 ‘‘(d) TECHNOLOGY DEVELOPMENT AND CRITICAL DE14 SIGN PHASES.— 

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

16 may not reduce the number of prime contractors 

17 working on the Unmanned Carrier-launched Surveil18 lance and Strike system program to one prime con19 tractor for the technology development phase of such 

20 program prior to the program achieving the critical 

21 design review milestone. 

22 ‘‘(2) CRITICAL DESIGN REVIEW.—The Unmanned 

23 Carrier-launched Surveillance and Strike system pro24 gram may not achieve the critical design review mile25 stone until on or after October 1, 2016.’’. 

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1 (c) TECHNICAL AMENDMENT.—Such section is further 

2 amended by striking ‘‘Future Unmanned Carrier-based 

3 Strike System’’ each place it appears and inserting ‘‘Un4 manned Carrier-launched Surveillance and Strike system’’. 

5 SEC. 214. LIMITATION ON AVAILABILITY OF FUNDS FOR FU6 TURE MANNED GROUND MOVING TARGET IN7 DICATOR CAPABILITY OF THE AIR FORCE. 

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

9 appropriated by this Act or otherwise made available for 

10 fiscal year 2013 for research, development, test, and evalua11 tion, Air Force, may be obligated or expended for any activ12 ity, including pre-Milestone A activities, to initiate a new 

13 start acquisition program to provide the Air Force with a 

14 manned ground moving target indicator capability or 

15 manned dismount moving target indicator capability until 

16 a period of 90 days has elapsed following the date on which 

17 the Secretary of the Air Force submits the report under sub18 section (b)(1). 

19 (b) REPORT.— 

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

21 Force shall submit to the congressional defense com22 mittees a report on the plan of the future manned 

23 ground moving target and manned dismount moving 

24 target indicator capabilities of the Air Force. 

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1 (2) MATTERS INCLUDED.—The report under 

2 paragraph (1) shall include the following: 

3 (A) The plan to maintain onboard com4 mand and control capability that is equal to or 

5 better than such capability provided by the E– 

6 8C joint surveillance target attack radar pro7 gram. 

8 (B) Each analysis of alternatives completed 

9 during fiscal year 2012 regarding future manned 

10 ground moving target indicator capability or 

11 manned dismount moving target indicator capa12 bility. 

13 (C) With respect to each new program ana14 lyzed in an analysis of alternatives described in 

15 subparagraph (B)— 

16 (i) the development, procurement, and 

17 sustainment cost estimates for such pro18 gram; and 

19 (ii) a description of how such program 

20 will affect the potential growth of future 

21 manned ground moving target indicator ca22 pability or manned dismount moving target 

23 indicator capability. 

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1 (D) A description of potential operational 

2 and sustainment cost savings realized by the Air 

3 Force using a platform that is— 

4 (i) derived from commercial aircraft; 

5 and 

6 (ii) in operation by the Department of 

7 Defense as of the date of the report. 

8 (E) The plan by the Secretary of Defense to 

9 retire or replace E–8C joint surveillance target 

10 attack radar aircraft. 

11 (F) Any other matter the Secretary con12 siders appropriate. 

13 (c) WAIVER.—The Secretary may waive the limitation 

14 in subsection (a) if the Secretary— 

15 (1) determines that such waiver is required to 

16 meet an urgent operational need or other emergency 

17 contingency requirement directly related to ongoing 

18 combat operations; and 

19 (2) notifies the congressional defense committees 

20 of such determination. 

21 SEC. 215. LIMITATION ON AVAILABILITY OF FUNDS FOR 

22 MILESTONE A ACTIVITIES FOR THE MQ–18 UN23 MANNED AIRCRAFT SYSTEM. 

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

25 appropriated by this Act or otherwise made available for 

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1 fiscal year 2013 for research, development, test, and evalua2 tion, Army, may be obligated or expended for Milestone A 

3 activities with respect to the MQ–18 medium-range multi4 purpose vertical take-off and landing unmanned aircraft 

5 system until— 

6 (1) the Chairman of the Joint Requirements 

7 Oversight Council certifies in writing to the appro8 priate congressional committees that— 

9 (A) such system is required to meet a capa10 bility in the manned and unmanned medium-al11 titude intelligence, surveillance, and reconnais12 sance force structure of the Department of De13 fense; and 

14 (B) an existing unmanned aircraft system 

15 cannot meet such capability or be modified to 

16 meet such capability; and 

17 (2) a period of 30 days has elapsed following the 

18 date on which the Chairman submits the certification 

19 under paragraph (1). 

20 (b) DEFINITIONS.—In this section: 

21 (1) The term ‘‘appropriate congressional com22 mittees’’ means— 

23 (A) the Committee on Armed Services, the 

24 Committee on Appropriations, and the Permamstockstill on DSK4VPTVN1PROD with BILLS

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1 nent Select Committee on Intelligence of the 

2 House of Representatives; and 

3 (B) the Committee on Armed Services, the 

4 Committee on Appropriations, and the Select 

5 Committee on Intelligence of the Senate. 

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

7 with respect to an acquisition program of the Depart8 ment of Defense— 

9 (A) the distribution of request for proposals; 

10 (B) the selection of technology demonstra11 tion contractors; and 

12 (C) technology development. 

13 SEC. 216. VERTICAL LIFT PLATFORM TECHNOLOGY DEM14 ONSTRATIONS. 

15 (a) IN GENERAL.—Of the funds authorized to be ap16 propriated by this Act or otherwise made available for fiscal 

17 year 2013 for joint capability technology demonstrations, 

18 the Under Secretary of Defense for Acquisition, Technology, 

19 and Logistics may obligate or expend not more than 

20 $5,000,000 to carry out a program to develop and flight21 demonstrate vertical lift platform technologies that address 

22 the capability gaps described in the Future Vertical Lift 

23 Strategic Plan of the Department of Defense submitted to 

24 Congress in August 2010. 

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

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

3 following goals and objectives: 

4 (1) To develop innovative vertical lift platform 

5 technologies that address capability gaps in speed, 

6 range, ceiling, survivability, reliability, and afford7 ability applicable to both current and future rotor8 craft of the Department of Defense. 

9 (2) To flight-demonstrate such vertical lift tech10 nologies no later than 2016. 

11 (3) To accelerate the development and transition 

12 of innovative vertical lift technologies by promoting 

13 the formation of competitive teams of small business 

14 working in collaboration with large contractors and 

15 academia. 

16 Subtitle C—Missile Defense 

17 Programs 

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

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

20 procure two AN/TPY–2 radars. 

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

22 to the congressional defense committees a report on the fea23 sibility of developing an AN/TPY–2 radar on a rotational 

24 table to allow the radar to quickly change directions. 

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1 SEC. 222. DEVELOPMENT OF ADVANCED KILL VEHICLE. 

2 Not later than 180 days after the date of the enactment 

3 of this Act, the Director of the Missile Defense Agency shall 

4 submit to the congressional defense committees a report that 

5 includes— 

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

7 vehicle on the standard missile–3 block IIB inter8 ceptor shall have the capability of being used for the 

9 ground-based midcourse defense program; and 

10 (2) a description of the technology of and concept 

11 behind applying the former multiple kill vehicle con12 cept to the new vehicle described in paragraph (1). 

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

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

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

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

17 December 31, 2015. 

18 (b) CONSIDERATION OF LOCATION.— 

19 (1) STUDY.—Not later than December 31, 2013, 

20 the Secretary of Defense shall conduct a study evalu21 ating three possible locations selected by the Director 

22 of the Missile Defense Agency for a covered missile de23 fense site on the East Coast of the United States. 

24 (2) EIS.—The Secretary shall prepare an envi25 ronmental impact statement in accordance with the 

26 National Environmental Policy Act of 1969 (42 

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

2 paragraph (1). 

3 (3) LOCATION.—In selecting the three possible lo4 cations for a covered missile defense site under para5 graph (1), the Secretary should— 

6 (A) take into consideration— 

7 (i) the strategic location of the pro8 posed site; and 

9 (ii) the proximity of the proposed site 

10 to major population centers; and 

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

12 (i) is operated or supported by the De13 partment of Defense; 

14 (ii) lacks encroachment issues; and 

15 (iii) has a controlled airspace. 

16 (c) PLAN.— 

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

18 Defense Agency shall develop a plan to deploy an ap19 propriate missile defense interceptor for a missile de20 fense site on the East Coast. 

21 (2) MATTERS INCLUDED.—In developing the 

22 plan under paragraph (1), the Director shall evaluate 

23 the use of— 

24 (A) two- or three-stage ground-based inter25 ceptors; and 

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1 (B) standard missile–3 interceptors, includ2 ing block IA, block IB, and for a later deploy3 ment, block IIA or block IIB interceptors. 

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

5 the President the plan under paragraph (1) for inclu6 sion with the budget materials submitted to Congress 

7 under section 1105(a) of title 31, United States Code, 

8 for fiscal year 2014. 

9 (4) FUNDING.—Of the funds authorized to be ap10 propriated by this Act or otherwise made available for 

11 fiscal year 2013 for the Missile Defense Agency, 

12 $100,000,000 may be obligated or expended to carry 

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

14 period of 30 days has elapsed following the date on 

15 which the congressional defense committees receive the 

16 plan pursuant to paragraph (3). 

17 (d) COVERED MISSILE DEFENSE SITE.—In this sec18 tion, the term ‘‘covered missile defense site’’ means a missile 

19 defense site that uses— 

20 (1) ground-based interceptors; or 

21 (2) standard missile–3 interceptors. 

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

23 (a) GMD SYSTEM.—Of the funds authorized to be ap24 propriated by this Act or otherwise made available for fiscal 

25 year 2013 for the Department of Defense, not less than 

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1 $1,261,000,000 shall be made available for the ground-based 

2 midcourse defense system, as specified in the funding table 

3 in section 4201. 

4 (b) CERTAIN PROGRAMS OF THE GMD SYSTEM.— 

5 (1) EKV.—The Secretary of Defense shall com6 plete the refurbishment of the CE1 exoatmospheric kill 

7 vehicle-equipped ground-based interceptors. 

8 (2) MF-1.—Of the funds authorized to be appro9 priated by this Act or otherwise made available for 

10 fiscal year 2013 for the ground-based midcourse de11 fense system, not less than $205,000,000 shall be obli12 gated or expended to upgrade Missile Field 1 at Fort 

13 Greely, Alaska. 

14 SEC. 225. GROUND-BASED MIDCOURSE DEFENSE INTER15 CEPTOR TEST. 

16 Not later than December 31, 2013, the Secretary of De17 fense shall conduct an intercontinental ballistic missile test 

18 of the ground-based midcourse defense program using a 

19 ground-based interceptor equipped with a CE1 

20 exoatmospheric kill vehicle. 

21 SEC. 226. DEPLOYMENT OF SM–3 IIB INTERCEPTORS ON 

22 LAND AND SEA. 

23 (a) SENSE OF CONGRESS.—It is the sense of Congress 

24 that standard missile–3 block IIB interceptors should be 

25 deployable in both land-based and sea-based modes by the 

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1 date on which such interceptors achieve initial operating 

2 capability. 

3 (b) LAND AND SEA MODES.—The Secretary of Defense 

4 shall ensure that standard missile–3 block IIB interceptors 

5 are deployable using both land-based and sea-based systems 

6 by the date on which such interceptors achieve initial oper7 ating capability. 

8 (c) REPORT.— 

9 (1) FORCE STRUCTURE.—Not later than 180 

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

11 Secretary shall submit to the congressional defense 

12 committees a report on how the deployment of stand13 ard missile–3 block IIB interceptors affects the force 

14 structure of the Navy. 

15 (2) MATTERS INCLUDED.—The report under 

16 paragraph (1) shall include the following: 

17 (A) The implications for the force structure 

18 of the Navy if standard missile–3 block IIB 

19 interceptors cannot fit in the standard vertical 

20 launching system configuration for the Aegis bal21 listic missile defense system, including the impli22 cations regarding— 

23 (i) ship deployments; 

24 (ii) cost; and 

25 (iii) ability to respond to raids. 

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1 (B) An explanation for how standard mis2 sile–3 block IIB interceptors would be used, at 

3 initial operating capability, for the defense of the 

4 United States from threats originating in the 

5 Pacific region if such interceptors are not 

6 deployable in a sea-based mode, including an ex7 planation of cost and force structure require8 ments. 

9 SEC. 227. IRON DOME SHORT-RANGE ROCKET DEFENSE 

10 PROGRAM. 

11 (a) AVAILABILITY OF FUNDS.— 

12 (1) IN GENERAL.—Of the funds authorized to be 

13 appropriated by section 201 for research, develop14 ment, test, and evaluation, Defense-wide, as specified 

15 in the funding table in section 4201, or otherwise 

16 made available for the Department of Defense for fis17 cal years 2012 through 2015, the Secretary of Defense 

18 may provide up to $680,000,000 to the Government 

19 of Israel for the procurement of additional batteries 

20 and interceptors under the Iron Dome short-range 

21 rocket defense system and for related operations and 

22 sustainment expenses. 

23 (2) AVAILABILITY.—Funds made available for 

24 fiscal year 2012 or 2013 to carry out paragraph (1) 

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1 are authorized to remain available until September 

2 30, 2014. 

3 (b) OFFICE.—The Secretary of Defense shall establish 

4 within the Missile Defense Agency of the Department of De5 fense an office to carry out subsection (a) and other matters 

6 relating to assistance for Israel’s Iron Dome short-range 

7 rocket defense system. 

8 SEC. 228. SEA-BASED X-BAND RADAR. 

9 The Director of the Missile Defense Agency shall ensure 

10 that the sea-based X-band radar is maintained in a status 

11 such that the radar may be deployed in less than 14 days 

12 and for at least 60 days each year. 

13 SEC. 229. PROHIBITION ON THE USE OF FUNDS FOR THE 

14 MEADS PROGRAM. 

15 None of the funds authorized to be appropriated by this 

16 Act or otherwise made available for fiscal year 2013 for the 

17 Department of Defense may be obligated or expended for 

18 the medium extended air defense system. 

19 SEC. 230. LIMITATION ON AVAILABILITY OF FUNDS FOR 

20 PHASED, ADAPTIVE APPROACH TO MISSILE 

21 DEFENSE IN EUROPE. 

22 (a) LIMITATION.—Of the funds authorized to be appro23 priated by this Act or otherwise made available for fiscal 

24 year 2013 for covered missile defense activities, not more 

25 than 75 percent may be obligated or expended until— 

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1 (1) the Secretary of Defense and the Secretary of 

2 State jointly submit to the appropriate congressional 

3 committees— 

4 (A) a report on the cost-sharing arrange5 ments for the phased, adaptive approach to mis6 sile defense in Europe; and 

7 (B) written certification that a proportional 

8 share, as determined by the Secretaries, of the 

9 costs for such approach to missile defense will be 

10 provided by members of the North Atlantic Trea11 ty Organization other than the United States; 

12 and 

13 (2) the Secretary of Defense— 

14 (A) submits a NATO prefinancing request 

15 for consideration of expenses regarding such ap16 proach to missile defense (excluding such ex17 penses related to military construction described 

18 in section 2403(b)); and 

19 (B) submits to the appropriate congres20 sional committees the response by the NATO Sec21 retary General or the North Atlantic Council to 

22 such request. 

23 (b) WAIVER.—The President may waive the limitation 

24 in subsection (a) with respect to a specific project of a cov25 ered missile defense activity if the President submits to the 

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1 appropriate congressional committees and the written cer2 tification that the waiver for such project is vital to the 

3 national security interests of the United States. 

4 (c) DEFINITIONS.—In this section: 

5 (1) The term ‘‘appropriate congressional com6 mittees’’ means the following: 

7 (A) The congressional defense committees. 

8 (B) The Committee on Foreign Affairs of 

9 the House of Representatives and the Committee 

10 on Foreign Relations of the Senate. 

11 (2) The term ‘‘covered missile defense activities’’ 

12 means, with respect to the phased, adaptive approach 

13 to missile defense in Europe, activities regarding— 

14 (A) Aegis ashore sites; or 

15 (B) an AN/TPY–2 radar located in Turkey. 

16 SEC. 231. LIMITATION ON AVAILABILITY OF FUNDS FOR 

17 THE PRECISION TRACKING SPACE SYSTEM. 

18 (a) INITIAL LIMITATION.—None of the funds author19 ized to be appropriated by this Act or otherwise made avail20 able for fiscal year 2013 for the precision tracking space 

21 system may be obligated or expended until the date on 

22 which— 

23 (1) a federally funded research and development 

24 center begins the analysis under subsection (b)(1); 

25 and 

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1 (2) the terms of reference for the analysis are 

2 submitted to the congressional defense committees. 

3 (b) ANALYSIS OF ALTERNATIVES.— 

4 (1) FFRDC.—The Director of the Missile De5 fense Agency shall enter into an agreement with a 

6 federally funded research and development center that 

7 has not previously been involved with the precision 

8 tracking space system to conduct an analysis of alter9 natives of such program. 

10 (2) BASIS OF ANALYSIS.—The analysis under 

11 paragraph (1) shall be based on a clear articulation 

12 by the Director of— 

13 (A) the ground-based sensors that will be re14 quired to be maintained to aid the precision 

15 tracking space system constellation; 

16 (B) the number of satellites to be procured 

17 for a first constellation, including the projected 

18 lifetime of such satellites in the first constella19 tion, and the number projected to be procured for 

20 a first and, if applicable, second replenishment; 

21 (C) the technological and acquisition risks 

22 of such system; 

23 (D) an evaluation of the technological capa24 bility differences between the precision tracking 

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1 space system sensor and the space tracking and 

2 surveillance system sensor; and 

3 (E) the cost differences, as confirmed by the 

4 Director of Cost Assessment and Program Eval5 uation, between such systems, including costs re6 lating to launch services. 

7 (3) ANALYSIS.—In conducting the analysis 

8 under paragraph (1), the federally funded research 

9 and development center shall— 

10 (A) appoint a panel of independent study 

11 leaders for such analysis; 

12 (B) evaluate whether the precision tracking 

13 space system, as planned by the Director in the 

14 budget submitted to Congress under section 1105 

15 of title 31, United States Code, for fiscal year 

16 2013, is the lowest cost sensor option with respect 

17 to land-, air-, or space-based sensors, or a com18 bination thereof, to improve the homeland mis19 sile defense of the United States, including by 

20 adding discrimination capability to the ground21 based midcourse defense system; 

22 (C) examine the overhead persistent infra23 red data or other data that is available as of the 

24 date of the analysis that is not being used; 

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1 (D) determine how using the data described 

2 in subparagraph (C) could improve sensor cov3 erage for the homeland missile defense of the 

4 United States and regional missile defense capa5 bilities; 

6 (E) study the plans of the Director to inte7 grate the precision tracking space system concept 

8 into the ballistic missile defense system and 

9 evaluate the concept or operations of such use; 

10 and 

11 (F) consider the agreement entered into 

12 under subsection (d)(1). 

13 (4) COST DETERMINATION.—In determining 

14 costs under the analysis under paragraph (1), the fed15 erally funded research and development center shall 

16 take into account acquisition costs and operation and 

17 sustainment costs during the initial ten-year and 

18 twenty-year periods. 

19 (c) FURTHER LIMITATION.— 

20 (1) SUBMITTAL AND WAIT.—Except as provided 

21 by paragraph (2), none of the funds authorized to be 

22 appropriated by this Act or otherwise made available 

23 for fiscal year 2013 for the precision tracking space 

24 system may obligated or expended until— 

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1 (A) the Director submits to the congres2 sional defense committees the analysis under sub3 section (b)(1); and 

4 (B) a period of 60 days has elapsed fol5 lowing the date of such submittal. 

6 (2) EXCEPTION.—The limitation in paragraph 

7 (1) shall not apply to funds described in such para8 graph that are obligated or expended for technology 

9 development activities. 

10 (d) MEMORANDUM OF AGREEMENT.— 

11 (1) IN GENERAL.—The Director shall enter into 

12 a memorandum of agreement with the Commander of 

13 the Air Force Space Command with respect to the 

14 space situational awareness capabilities, require15 ments, design, and cost-sharing of the precision track16 ing space system. 

17 (2) SUBMITTAL.—The Director shall submit to 

18 the congressional defense committees the agreement 

19 entered into under paragraph (1). 

20 SEC. 232. PLAN TO IMPROVE DISCRIMINATION AND KILL AS21 SESSMENT CAPABILITY OF BALLISTIC MIS22 SILE DEFENSE SYSTEMS. 

23 (a) PLAN.—The Director of the Missile Defense Agency 

24 shall develop a plan to improve the discrimination and kill 

25 assessment capability of ballistic missile defense systems, 

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1 particularly with respect to the ground-based midcourse de2 fense system. 

3 (b) SUBMISSION.—Not later than December 31, 2012, 

4 the Director shall— 

5 (1) transmit to the Secretary of Defense the plan 

6 under subsection (a) to be used in the budget mate7 rials submitted to the President by the Secretary in 

8 connection with the submission to Congress, pursuant 

9 to section 1105 of title 31, United States Code, of the 

10 budget for fiscal year 2014; and 

11 (2) submit to the congressional defense commit12 tees such plan. 

13 SEC. 233. PLAN TO INCREASE RATE OF FLIGHT TESTS OF 

14 GROUND-BASED MIDCOURSE DEFENSE SYS15 TEM. 

16 (a) PLAN.— 

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

18 Defense Agency shall develop a plan to increase the 

19 rate of flight tests and ground tests of the ground20 based midcourse defense system. 

21 (2) RATE OF PLANNED FLIGHT TESTS.—The 

22 plan under paragraph (1) shall ensure that there are 

23 at least three flight tests conducted during every two24 year period unless the Director submits to the con25 gressional defense committees— 

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1 (A) written certification that such rate of 

2 tests is not feasible or cost-effective; and 

3 (B) an analysis explaining the reasoning of 

4 such certification. 

5 (b) SUBMISSION.—Not later than December 31, 2012, 

6 the Director shall— 

7 (1) transmit to the Secretary of Defense the plan 

8 under subsection (a)(1) to be used in the budget mate9 rials submitted to the President by the Secretary in 

10 connection with the submission to Congress, pursuant 

11 to section 1105 of title 31, United States Code, of the 

12 budget for fiscal year 2014; and 

13 (2) submit to the congressional defense commit14 tees such plan. 

15 SEC. 234. REPORT ON REGIONAL MISSILE DEFENSE ARCHI16 TECTURES. 

17 Not later than 90 days after the date of the enactment 

18 of this Act, the Secretary of Defense, in coordination with 

19 the Chairman of the Joint Chiefs of Staff, shall submit to 

20 the congressional defense committees a report on— 

21 (1) the regional missile defense architectures, in22 cluding the force structure and inventory require23 ments derived from such architectures; and 

24 (2) the comprehensive force management process 

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1 bility, deployment, and resource outcomes that such 

2 process has determined. 

3 SEC. 235. USE OF FUNDS FOR CONVENTIONAL PROMPT 

4 GLOBAL STRIKE PROGRAM. 

5 The Secretary of Defense shall ensure that any funds 

6 authorized to be appropriated by this Act or otherwise made 

7 available for fiscal year 2013 for ground-testing activities 

8 of the conventional prompt global strike program are obli9 gated or expended using competitive solicitation procedures 

10 to involve industry as well as government partners. 

11 SEC. 236. TRANSFER OF AEGIS WEAPON SYSTEM EQUIP12 MENT TO MISSILE DEFENSE AGENCY. 

13 (a) TRANSFER BY NAVY.—In accordance with section 

14 230, the Secretary of the Navy may— 

15 (1) transfer to the Director of the Missile Defense 

16 Agency Aegis weapon system equipment with ballistic 

17 missile defense capability for use by the Director in 

18 the Aegis ashore site in the country the Director has 

19 designated as ‘‘Host Nation 1’’; 

20 (2) in ensuring the shipbuilding schedules of 

21 ships affected by this section— 

22 (A) obligate or expend unobligated funds 

23 made available for fiscal year 2012 for ship24 building and conversion, Navy, for the DDG–51 

25 Destroyer to deliver complete, mission-ready 

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1 Aegis weapon system equipment with ballistic 

2 missile defense capability to a DDG–51 De3 stroyer for which funds were made available for 

4 fiscal year 2012 under shipbuilding and conver5 sion, Navy; or 

6 (B) use any Aegis weapon system equip7 ment acquired using such funds to deliver com8 plete, mission-ready Aegis weapon system equip9 ment with ballistic missile defense capability to 

10 a DDG–51 Destroyer for which funds were made 

11 available for fiscal year 2012 under shipbuilding 

12 and conversion, Navy; and 

13 (3) treat equipment transferred to the Secretary 

14 under subsection (b) as equipment acquired using 

15 funds made available under shipbuilding and conver16 sion, Navy, for purposes of completing the construc17 tion and outfitting of such equipment. 

18 (b) TRANSFER BY MDA.—In accordance with section 

19 230, upon the receipt of any equipment under subsection 

20 (a), the Director of the Missile Defense Agency shall transfer 

21 to the Secretary of the Navy Aegis weapon system equip22 ment with ballistic missile defense capability procured by 

23 the Director for installation in a shore-based Aegis weapon 

24 system for use by the Secretary in the DDG–51 Destroyer 

25 program. 

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1 Subtitle D—Reports 

2 SEC. 241. STUDY ON ELECTRONIC WARFARE CAPABILITIES 

3 OF THE MARINE CORPS. 

4 (a) STUDY.—The Commandant of the Marine Corps 

5 shall conduct a study on the future capabilities of the Ma6 rine Corps with respect to electronic warfare. 

7 (b) REPORT.— 

8 (1) IN GENERAL.—Not later than 90 days after 

9 the date of the enactment of this Act, the Com10 mandant shall submit to the congressional defense 

11 committees a report on the study conducted under 

12 subsection (a). 

13 (2) MATTERS INCLUDED.—The report under 

14 paragraph (1) shall include the following: 

15 (A) A detailed plan for EA–6B Prowler air16 craft squadrons. 

17 (B) A solution for the replacement of such 

18 aircraft. 

19 (C) Concepts of operation for future air20 ground task force electronic warfare capabilities 

21 of the Marine Corps. 

22 (D) Any other issues that the Commandant 

23 determines appropriate. 

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1 SEC. 242. NATIONAL RESEARCH COUNCIL REVIEW OF DE2 FENSE SCIENCE AND TECHNICAL GRADUATE 

3 EDUCATION NEEDS. 

4 (a) REVIEW.—The Secretary of Defense shall enter into 

5 an agreement with the National Research Council to con6 duct a review of specialized degree-granting graduate pro7 grams of the Department of Defense in engineering, applied 

8 sciences, and management. 

9 (b) MATTERS INCLUDED.—At a minimum, the review 

10 under subsection (a) shall address— 

11 (1) the need by the Department of Defense and 

12 the military departments for military and civilian 

13 personnel with advanced degrees in engineering, ap14 plied sciences, and management, including a list of 

15 the numbers of such personnel needed by discipline; 

16 (2) an analysis of the sources by which the De17 partment of Defense and the military departments ob18 tain military and civilian personnel with such ad19 vanced degrees; 

20 (3) the need for educational institutions under 

21 the Department of Defense to meet the needs identified 

22 in paragraph (1); 

23 (4) the costs and benefits of maintaining such 

24 educational institutions, including costs relating to 

25 directed research; 

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1 (5) the ability of private institutions or distance2 learning programs to meet the needs identified in 

3 paragraph (1); 

4 (6) existing organizational structures, including 

5 reporting chains, within the military departments to 

6 manage the graduate education needs of the Depart7 ment of Defense and the military departments; and 

8 (7) recommendations for improving the ability of 

9 the Department of Defense to identify, manage, and 

10 source the graduate education needs of the Depart11 ment. 

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

13 on which the review under subsection (a) is completed, the 

14 Secretary shall submit to the congressional defense commit15 tees a report on the results of such review. 

16 SEC. 243. REPORT ON THREE-DIMENSIONAL INTEGRATED 

17 CIRCUIT MANUFACTURING CAPABILITIES. 

18 (a) ASSESSMENT.—The Secretary of Defense shall con19 duct a comprehensive assessment regarding the manufac20 turing capability of the United States to produce three-di21 mensional integrated circuits to serve the national defense 

22 interests of the United States. 

23 (b) ELEMENTS.—The assessment under subsection (a) 

24 shall include— 

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1 (1) an assessment of the military requirements 

2 for using three-dimensional integrated circuits in fu3 ture microelectronic systems; 

4 (2) an assessment of the current domestic com5 mercial capability to develop and manufacture three6 dimensional integrated circuits for use in military 

7 systems, including a plan for alternative sources to 

8 supply such circuits in case of shortages in the domes9 tic supply; and 

10 (3) an assessment of the feasibility, as well as 

11 planning and design requirements, for the develop12 ment of a domestic manufacturing capability for 

13 three-dimensional integrated circuits. 

14 (c) REPORT.—Not later than 90 days after the date 

15 of the enactment of this Act, the Secretary shall submit to 

16 the congressional defense committees a report on the assess17 ment under subsection (a). 

18 (d) FORM.—The report under subsection (c) shall be 

19 submitted in unclassified form, but may include a classified 

20 annex. 

21 SEC. 244. REPORT ON EFFORTS TO FIELD NEW DIRECTED 

22 ENERGY WEAPONS. 

23 (a) REPORT.—Not later than 180 days after the date 

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

25 submit to the congressional defense committees a report 

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1 summarizing efforts within the Department of Defense to 

2 transition mature and maturing directed energy tech3 nologies to new operational weapon systems during the five4 to- ten-year period beginning on the date of the report. 

5 (b) MATTERS INCLUDED.—The report under subsection 

6 (a) shall include the following: 

7 (1) Thorough assessments of— 

8 (A) the maturity of high-energy laser, high9 power microwave, and millimeter wave non-le10 thal technologies, both domestically and foreign; 

11 (B) missions for which directed energy 

12 weapons could be used to substantially enhance 

13 the current and planned military capabilities of 

14 the United States; 

15 (C) the potential for new directed energy 

16 systems to reduce requirements for expendable 

17 air and missile defense weapons; 

18 (D) the status of and prognosis for foreign 

19 directed energy programs; 

20 (E) the potential vulnerabilities of military 

21 systems of the United States to foreign directed 

22 energy weapons and efforts by the Secretary to 

23 mitigate such vulnerabilities; and 

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1 (F) a summary of actions the Secretary is 

2 taking to ensure that the military will be the 

3 global leader in directed energy capabilities. 

4 (2) In light of the suitability of surface ships to 

5 support a solid-state laser weapon based on mature 

6 and maturing technologies, whether— 

7 (A) the Department of the Navy should be 

8 designated as lead service for fielding a 100 to 

9 200 kilowatt-class laser to defend surface ships 

10 against unmanned aircraft, cruise missile, and 

11 fast attack craft threats; and 

12 (B) the Secretary of the Navy should ini13 tiate a program of record to begin fielding a 

14 ship-based solid-state laser weapon system. 

15 (3) In light of the potential effectiveness of high16 power microwave weapons against sensors, battle 

17 management, and integrated air defense networks, 

18 whether— 

19 (A) the Department of the Navy and the De20 partment of the Air Force should be designated 

21 as lead services for integrating high-power 

22 microwave weapons on small air vehicles, in23 cluding cruise missiles and unmanned aircraft; 

24 and 

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1 (B) the Secretary of the Air Force should 

2 initiate a program of record to field a cruise 

3 missile- or unmanned air vehicle-based high4 power microwave weapon. 

5 (4) In light of the potential of mature chemical 

6 laser technologies to counter air and ballistic missile 

7 threats from relocatable fixed sites, whether the Sec8 retary of the Army should initiate a program of 

9 record to develop and field a multi-megawatt class 

10 chemical laser weapon system to defend forward air11 fields, ports, and other theater bases critical to future 

12 operations. 

13 (5) Whether the investments by the Secretary of 

14 Defense in high-energy laser weapons research, devel15 opment, test, and evaluation are appropriately 

16 prioritized across each military department and de17 fense-wide accounts to support the weaponization of 

18 mature and maturing directed energy technologies 

19 during the five- to- ten-year period beginning on the 

20 date of the report, including whether sufficient funds 

21 are allocated within budget area 4 and higher ac22 counts to prepare for near term weaponization oppor23 tunities. 

24 (c) FORM.—The report under subsection (a) shall be 

25 unclassified, but may include a classified annex. 

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1 Subtitle E—Other Matters 

2 SEC. 251. ELIGIBILITY FOR DEPARTMENT OF DEFENSE LAB3 ORATORIES TO ENTER INTO EDUCATIONAL 

4 PARTNERSHIPS WITH EDUCATIONAL INSTI5 TUTIONS IN TERRITORIES AND POSSESSIONS 

6 OF THE UNITED STATES. 

7 (a) ELIGIBILITY OF INSTITUTIONS IN TERRITORIES

8 AND POSSESSIONS.—Section 2194(f) of title 10, United 

9 States Code, is amended by adding at the end the following 

10 new paragraph: 

11 ‘‘(3) The term ‘United States’ includes the Com12 monwealth of Puerto Rico, the Commonwealth of the 

13 Northern Mariana Islands, and any other territory or 

14 possession of the United States.’’. 

15 (b) TECHNICAL AMENDMENT.—Paragraph (2) of such 

16 section is amended by inserting ‘‘(20 U.S.C. 7801)’’ before 

17 the period. 

18 SEC. 252. REGIONAL ADVANCED TECHNOLOGY CLUSTERS. 

19 (a) DEVELOPMENT OF INNOVATIVE ADVANCED TECH20 NOLOGIES.—The Secretary of Defense may use the research 

21 and engineering network of the Department of Defense, in22 cluding the organic industrial base, to support regional ad23 vanced technology clusters established by the Secretary of 

24 Commerce to encourage the development of innovative ad25 vanced technologies, including advanced robotics, advanced 

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1 defense systems, power and energy innovations, systems to 

2 mitigate manmade and naturally occurring electromagnetic 

3 pulse or high-powered microwaves, cybersecurity and ap4 plied lightweight materials, to address national security 

5 and homeland defense challenges. 

6 (b) DESIGNATION OF LEAD OFFICE.—Not later than 

7 60 days after the date of the enactment of this Act, the 

8 Under Secretary of Defense for Acquisition, Technology, 

9 and Logistics shall— 

10 (1) designate an office within the Department of 

11 Defense with the lead responsibility for enhancing the 

12 use of regional advanced technology clusters by the 

13 Department; and 

14 (2) notify the appropriate congressional commit15 tees of such designation. 

16 (c) REPORT.—Not later than 180 days after the date 

17 of the enactment of this Act, the Under Secretary shall sub18 mit to the appropriate congressional committees a report 

19 describing— 

20 (1) the participation of the Department of De21 fense in regional advanced technology clusters; 

22 (2) implementation by the Department of proc23 esses and tools to facilitate collaboration with the 

24 clusters; and 

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1 (3) agreements established by the Department 

2 with the Department of Commerce to jointly support 

3 the continued growth of the clusters. 

4 (d) COLLABORATION.—The Secretary of Defense may 

5 meet, collaborate, and share resources with other Federal 

6 agencies for purposes of assisting in the expansion of re7 gional advanced technology clusters under this section. 

8 (e) DEFINITIONS.—In this section: 

9 (1) The term ‘‘appropriate congressional com10 mittees’’ means— 

11 (A) the congressional defense committees; 

12 (B) the Committee on Commerce, Science, 

13 and Transportation of the Senate; and 

14 (C) the Committee on Energy and Com15 merce of the House of Representatives. 

16 (2) The term ‘‘regional advanced technology clus17 ters’’ means geographic centers focused on building 

18 science and technology-based innovation capacity in 

19 areas of local and regional strength to foster economic 

20 growth and improve quality of life. 

21 SEC. 253. BRIEFING ON POWER AND ENERGY RESEARCH 

22 CONDUCTED AT UNIVERSITY AFFILIATED RE23 SEARCH CENTER. 

24 Not later than February 28, 2013, the Secretary of De25 fense shall brief the Committees on Armed Services of the 

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1 Senate and House of Representatives on power and energy 

2 research conducted at the University Affiliated Research 

3 Centers. The briefing shall include— 

4 (1) a description of research conducted with 

5 other university based energy centers; and 

6 (2) a description of collaboration efforts with 

7 university-based research centers on energy research 

8 and development activities, particularly with centers 

9 that have an expertise in energy efficiency and renew10 able energy, including— 

11 (A) lighting; 

12 (B) heating; 

13 (C) ventilation and air-conditioning sys14 tems; and 

15 (D) renewable energy integration. 

16 TITLE III—OPERATION AND 

17 MAINTENANCE 

18 Subtitle A—Authorization of 

19 Appropriations 

20 SEC. 301. OPERATION AND MAINTENANCE FUNDING. 

21 Funds are hereby authorized to be appropriated for fis22 cal year 2013 for the use of the Armed Forces and other 

23 activities and agencies of the Department of Defense for ex24 penses, not otherwise provided for, for operation and main25 tenance, as specified in the funding table in section 4301. 

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1 SEC. 302. AUTHORIZATION OF APPROPRIATIONS OF FUNDS 

2 FOR INACTIVATION EXECUTION OF U.S.S. EN3 TERPRISE. 

4 (a) AUTHORIZATION OF APPROPRIATIONS.—Funds are 

5 hereby authorized to be appropriated to the Secretary of the 

6 Navy for fiscal year 2013 for inactivation execution of the 

7 U.S.S. Enterprise (CVN 65) as specified in the funding 

8 table in section 4301. 

9 (b) LIMITATION.—The total amount obligated and ex10 pended by the Secretary of the Navy for the inactivation 

11 execution of the U.S.S. Enterprise may not exceed 

12 $708,000,000. 

13 (c) CONTRACT AUTHORITY.— 

14 (1) IN GENERAL.—Subject to the availability of 

15 funds under subsection (a) and the condition in para16 graph (2), the Secretary of the Navy may enter into 

17 a contract during fiscal year 2013 for the inactiva18 tion execution of the U.S.S. Enterprise. 

19 (2) CONDITION FOR OUT-YEAR CONTRACT PAY20 MENTS.—A contract entered into under paragraph (1) 

21 shall provide that any obligation of the United States 

22 to make a payment under the contract for a fiscal 

23 year after fiscal year 2013 is subject to the avail24 ability of appropriations for that purpose for that fis25 cal year. 

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1 Subtitle B—Energy and 

2 Environmental Provisions 

3 SEC. 311. TRAINING RANGE SUSTAINMENT PLAN AND 

4 TRAINING RANGE INVENTORY. 

5 Section 366 of the Bob Stump National Defense Au6 thorization Act for Fiscal Year 2003 (Public Law 107–314; 

7 116 Stat. 2522; 10 U.S.C. 113 note), as most recently 

8 amended by section 348 of the John Warner National De9 fense Authorization Act for Fiscal Year 2007 (Public Law 

10 109–364; 120 Stat. 2159) is amended in subsections (a)(5) 

11 and (c)(2), by striking ‘‘fiscal years 2005 through 2013’’ 

12 and inserting ‘‘fiscal years 2005 through 2018’’. 

13 SEC. 312. MODIFICATION OF DEFINITION OF CHEMICAL 

14 SUBSTANCE. 

15 Section 3(2)(B)(v) of the Toxic Substances Control Act 

16 (15 U.S.C. 2602(2)(B)(v)) is amended by inserting ‘‘, or 

17 any component of any such article including, without limi18 tation, shot, bullets and other projectiles, propellants, and 

19 primers’’ before ‘‘, and’’. 

20 SEC. 313. EXEMPTION OF DEPARTMENT OF DEFENSE FROM 

21 ALTERNATIVE FUEL PROCUREMENT RE22 QUIREMENT. 

23 Section 526 of the Energy Independence and Security 

24 Act of 2007 (Public Law 110–140; 42 U.S.C. 17142) is 

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1 amended by adding at the end the following: ‘‘This section 

2 shall not apply to the Department of Defense.’’. 

3 SEC. 314. LIMITATION ON AVAILABILITY OF FUNDS FOR 

4 PROCUREMENT OF ALTERNATIVE FUEL. 

5 (a) LIMITATION.—Except as provided in subsection 

6 (b), none of the funds authorized to be appropriated by this 

7 Act or otherwise made available during fiscal year 2013 

8 for the Department of Defense may be obligated or expended 

9 for the production or purchase of any alternative fuel if 

10 the cost of producing or purchasing the alternative fuel ex11 ceeds the cost of producing or purchasing a traditional fossil 

12 fuel that would be used for the same purpose as the alter13 native fuel. 

14 (b) EXCEPTION.—Notwithstanding subsection (a), the 

15 Secretary of Defense may purchase such limited quantities 

16 of alternative fuels as are necessary to complete fleet certifi17 cation for 50/50 blends. In such instances, the Secretary 

18 shall purchase such alternative fuel using competitive proce19 dures and ensure the best purchase price for the fuel. 

20 SEC. 315. PLAN ON ENVIRONMENTAL EXPOSURES TO MEM21 BERS OF THE ARMED FORCES. 

22 (a) PLAN.—Not later than 150 days after the date of 

23 the enactment of this Act, the Secretary of Defense shall de24 velop a plan on the time line of the Secretary to develop 

25 a material solution to measure environmental exposures to 

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1 members of the Armed Forces in the continental United 

2 States and outside the continental United States. 

3 (b) MATTERS INCLUDED.—The plan under subsection 

4 (a) shall include the following: 

5 (1) A time line for identifying relevant materiel 

6 solutions that would facilitate the Secretary identi7 fying members of the Armed Forces who have indi8 vidual exposures to environmental hazards. 

9 (2) A time line, and estimated cost, of developing 

10 and deploying the material solution described in 

11 paragraph (1). 

12 (3) A system for collecting and maintaining ex13 posure data and a description of the content required. 

14 (4) An identification of the categories of environ15 mental exposures that will be tracked, including burn 

16 pits, dust or sand, water contamination, hazardous 

17 materials, and waste. 

18 (5) A summary of ongoing research into health 

19 consequences of military environmental exposures and 

20 areas where additional research is needed. 

21 (c) BRIEFING.—Not later than 180 days after the date 

22 of the enactment of this Act, the Secretary shall provide to 

23 the congressional defense committees a briefing on the plan 

24 developed under subsection (a). 

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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 Defense 

6 Authorization Act for Fiscal Year 2004 (Public Law 108– 

7 136; 10 U.S.C. 5013 note), as most recently amended by 

8 section 329 of the National Defense Authorization Act for 

9 Fiscal Year 2008 (Public Law 110–181; 122 Stat. 67), is 

10 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 pro19 moted by one grade level.’’; and 

20 (2) in subsection (b), by striking ‘‘Logistics Cen21 ter, Navy Fleet Readiness Center,’’ and inserting ‘‘Lo22 gistics Complex, Navy Fleet Readiness Center, Navy 

23 shipyard, Marine Corps Logistics Base,’’. 

24 (b) REAUTHORIZATION.—Such section is further 

25 amended— 

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1 (1) in subsection (d), by striking ‘‘2013’’ and in2 serting ‘‘2018’’; and 

3 (2) in subsection (e), by striking ‘‘2014’’ and in4 serting ‘‘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 depot12 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 ‘‘if the modifications or upgrades are 

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1 being applied during a customary depot-level mainte2 nance action; and’’; and 

3 (5) by adding at the end the following new para4 graph: 

5 ‘‘(3) excludes— 

6 ‘‘(A) the nuclear refueling or defueling of an 

7 aircraft carrier and any concurrent complex 

8 overhaul; and 

9 ‘‘(B) the procurement of major modifica10 tions or upgrades designed to significantly im11 prove the performance or safety of a weapon sys12 tem or major end item.’’. 

13 (b) AMENDMENTS RELATING TO CORE DEPOT-LEVEL

14 MAINTENANCE AND REPAIR CAPABILITIES.— 

15 (1) ASSOCIATED CAPACITY.—Section 

16 2464(a)(3)(A) of title 10, United States Code, is 

17 amended by striking ‘‘and capacity required in para18 graph (1)’’ and inserting ‘‘required in paragraph (1) 

19 and the associated capacity to maintain those capa20 bilities in accordance with paragraph (2)’’. 

21 (2) DIRECT SUPPORT OF ASSOCIATED LOGISTICS

22 CAPABILITIES.—Section 2464(a)(3)(B) of such title is 

23 amended by inserting ‘‘in direct support of depot-level 

24 maintenance and repair’’ after ‘‘associated logistics 

25 capabilities’’. 

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1 (3) TIME OF FIELDING.—Section 2464(a)(3) of 

2 such title is further amended by adding at the end the 

3 following new sentence: ‘‘If a weapon system or item 

4 of military equipment does not have an officially 

5 scheduled initial operational capability, the weapon 

6 system or item is considered fielded at the time when, 

7 as part of combined or individual operation, it pro8 vides a warfighting capability, unless the Secretary 

9 waives this paragraph under subsection (b)(1)(A) 

10 based on a determination that the system or item is 

11 not an enduring element of the national defense strat12 egy.’’. 

13 (3) REQUIREMENT TO NOTIFY CONGRESS BEFORE

14 ISSUANCE OF WAIVER.—Section 2464(b)(3) of such 

15 title is amended by striking ‘‘within 30 days of 

16 issuance’’ and inserting ‘‘at least 30 days before 

17 issuance of the waiver’’. 

18 (4) PROHIBITION ON DELEGATION OF CERTAIN

19 WAIVER AUTHORITY.—Section 2464(b) of such title is 

20 amended by adding at the end the following new 

21 paragraph: 

22 ‘‘(4) The authority of the Secretary of Defense to waive 

23 the requirement in subsection (a)(3) on the basis of a deter24 mination under paragraph (1)(A) or (1)(B) may not be del25 egated.’’. 

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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), (f), 

5 and (g) as subsections (e), (f), (g), and (h), re6 spectively; and 

7 (B) by inserting after subsection (c) the fol8 lowing new subsection (d): 

9 ‘‘(d) EXCLUSION OF NUCLEAR AIRCRAFT CARRIERS

10 AND SPECIAL ACCESS PROGRAMS.—(1) The requirement in 

11 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 CA16 PABILITY REVIEW.—Section 2464 of such title is fur17 ther amended by adding at the end the following new 

18 subsection: 

19 ‘‘(i) BIENNIAL SPECIAL ACCESS PROGRAM CORE CA20 PABILITY REVIEW.—Notwithstanding the inapplicability of 

21 subsection (a)(3) to special access programs (as provided 

22 in subsection (d)), the Secretary of Defense shall, not later 

23 than April 1 on each even-numbered year, conduct a review 

24 of each special access program in existence during the two 

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1 view is conducted to determine the core depot maintenance 

2 and repair capabilities required to provide a ready and 

3 controlled source of technical competence, and the resources 

4 that would be required to establish a core capability if it 

5 becomes necessary. The Secretary of Defense shall include 

6 the results of such review in the form of a classified annex 

7 to the biennial core report required under subsection (f).’’. 

8 (7) AMENDMENTS FOR CONSISTENCY IN USE OF

9 TERMS.—Section 2464 of such title is further amend10 ed— 

11 (A) in subsection (a)(1), by striking ‘‘a core 

12 depot-level maintenance and repair capability’’ 

13 and inserting ‘‘core depot-level maintenance and 

14 repair capabilities’’; 

15 (B) in subsection (a)(2), by striking ‘‘This 

16 core depot-level maintenance and repair capa17 bility’’ and inserting ‘‘The core depot-level main18 tenance and repair capabilities required in 

19 paragraph (1)’’; and 

20 (C) in subsection (e)(1), as redesignated by 

21 paragraph (5), by striking ‘‘a core depot-level 

22 maintenance and repair capability’’ and insert23 ing ‘‘core depot-level maintenance and repair ca24 pabilities’’. 

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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 Subtitle D—Readiness 

14 SEC. 331. INTERGOVERNMENTAL SUPPORT AGREEMENTS 

15 WITH STATE AND LOCAL GOVERNMENTS. 

16 (a) AGREEMENTS AUTHORIZED.—Section 2391 of title 

17 10, United States Code, 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 following 

21 new subsection: 

22 ‘‘(c) INTERGOVERNMENTAL SUPPORT AGREEMENTS

23 WITH STATE AND LOCAL GOVERNMENTS.—(1) The Sec24 retary of the military department concerned may enter into 

25 an intergovernmental support agreement with a State or 

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1 local government to provide, receive, or share installation2 support services when such an agreement— 

3 ‘‘(A) serves the best interests of the military de4 partment by enhancing mission effectiveness or cre5 ating efficiencies or economies of scale, including by 

6 reducing costs; 

7 ‘‘(B) serves the best interest of State or local gov8 ernment party to the agreement, as determined by the 

9 community’s particular circumstances; and 

10 ‘‘(C) otherwise provides a mutual benefit to the 

11 military department and the State or local govern12 ment. 

13 ‘‘(2) The authority provided by this subsection and 

14 limitations on its use are not intended to revoke, preclude, 

15 or otherwise interfere with existing or proposed mutual-aid 

16 agreements relating to police or fire protection services or 

17 other similar first responder agreements or arrangements. 

18 ‘‘(3) Funds available to the Secretary of the military 

19 department concerned for installation support may be used 

20 to reimburse a State or local government for providing in21 stallation-support services pursuant to an agreement under 

22 this subsection. Funds received by the Secretary as reim23 bursement for providing installation-support services pur24 suant to the agreement shall be credited to the appropriamstockstill on DSK4VPTVN1PROD with BILLS

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1 tion or account charged with providing installation sup2 port.’’. 

3 (b) INSTALLATION-SUPPORT SERVICES DEFINED.— 

4 Subsection (e) of section 2391 of title 10, United States 

5 Code, as redesignated by subsection (a)(1) of this section, 

6 is amended by adding at the end the following new para7 graph: 

8 ‘‘(4) The term ‘installation-support services’ 

9 means those services, supplies, resources, and support 

10 provided typically by a local government, except that 

11 the term does not include or authorize police or fire 

12 protection services.’’. 

13 SEC. 332. EXTENSION AND EXPANSION OF AUTHORITY TO 

14 PROVIDE ASSURED BUSINESS GUARANTEES 

15 TO CARRIERS PARTICIPATING IN CIVIL RE16 SERVE AIR FLEET. 

17 (a) EXTENSION.—Subsection (k) of section 9515 of title 

18 10, United States Code, is amended by striking ‘‘December 

19 31, 2015’’ and inserting ‘‘December 31, 2020’’. 

20 (b) APPLICATION TO ALL SEGMENTS OF CRAF.—Such 

21 section is further amended— 

22 (1) in subsection (a)(3), by striking ‘‘passenger’’; 

23 and 

24 (2) in subsection (j), by striking ‘‘, except that 

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1 retary of Defense has entered into a contract for the 

2 purpose of passenger travel’’. 

3 SEC. 333. EXPANSION AND REAUTHORIZATION OF PILOT 

4 PROGRAM FOR AVAILABILITY OF WORKING5 CAPITAL FUNDS FOR PRODUCT IMPROVE6 MENTS. 

7 (a) EXPANSION.—Section 330 of the National Defense 

8 Authorization Act for Fiscal Year 2008 (Public Law 110– 

9 181; 122 Stat. 68) is amended— 

10 (1) in subsection (a), by inserting ‘‘, the Sec11 retary of the Navy, and the Secretary of the Air Force 

12 (in this section referred to as the ‘Secretary con13 cerned’)’’ after ‘‘the Secretary of the Army’’; 

14 (2) in subsection (d)— 

15 (A) by inserting ‘‘by the Secretary con16 cerned’’ after ‘‘submitted’’; and 

17 (B) by inserting ‘‘by the Secretary con18 cerned’’ after ‘‘used’’; and 

19 (3) in subsection (e)— 

20 (A) in paragraph (1), by striking ‘‘the As21 sistant Secretary of the Army for Acquisition, 

22 Logistics, and Technology, in consultation with 

23 the Assistant Secretary of the Army for Finan24 cial Management and Comptroller,’’ and insert25 ing ‘‘the Secretary concerned’’; and 

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1 (B) in paragraph (2), by striking ‘‘the As2 sistant Secretary of the Army for Acquisition, 

3 Logistics, and Technology’’ and inserting ‘‘the 

4 Secretary concerned’’. 

5 (b) COVERED PRODUCT IMPROVEMENTS.—Subsection 

6 (b) of such section is amended— 

7 (1) by inserting ‘‘retrofit, modernization, up8 grade, or rebuild of a’’ before ‘‘component’’; and 

9 (2) by striking ‘‘reliability and maintainability’’ 

10 and inserting ‘‘reliability, availability, and main11 tainability’’. 

12 (c) LIMITATION ON CERTAIN PROJECTS.—Subsection 

13 (c)(1) of such section is amended by striking ‘‘performance 

14 envelope’’ and inserting ‘‘capability’’. 

15 (d) REPORTING REQUIREMENT.—Subsection (e) of 

16 such section is amended— 

17 (1) in paragraph (2), by striking ‘‘2012’’ and in18 serting ‘‘2017’’; and 

19 (2) in paragraph (3), by striking ‘‘60 days’’ and 

20 inserting ‘‘45 days’’. 

21 (e) EXTENSION.—Subsection (f) of such section, as 

22 amended by section 354 of the National Defense Authoriza23 tion Act for Fiscal Year 2012 (Public Law 112–81; 125 

24 Stat. 1377), is further amended by striking ‘‘2014’’ and in25 serting ‘‘2018’’. 

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1 (f) CLERICAL AMENDMENT.—The heading of such sec2 tion is amended by striking ‘‘TO ARMY’’. 

3 SEC. 334. CENTER OF EXCELLENCE FOR THE NATIONAL 

4 GUARD STATE PARTNERSHIP PROGRAM. 

5 (a) IN GENERAL.—Chapter 5 of title 32, United States 

6 Code, is amended by adding at the end the following new 

7 section: 

8 ‘‘§ 510. Center of Excellence for the National Guard 

9 State Partnership Program 

10 ‘‘(a) CENTER AUTHORIZED.—The National Guard 

11 Bureau may maintain a Center of Excellence for the Na12 tional Guard State Partnership Program (in this section 

13 referred to as the ‘Center’). 

14 ‘‘(b) CENTER AUTHORITY AND PURPOSE.—If the Cen15 ter is established, the Chief of the National Guard Bureau 

16 shall administer the Center to provide training opportuni17 ties for units and members of the regular and reserve com18 ponents for the purpose of improving the skills for such 

19 units and members when deployed to complete the mission 

20 of the State Partnership Program. The Center will provide 

21 accredited instruction in partnership with a university pro22 gram and other internationally recognized institutions. 

23 ‘‘(c) CONDUCT OF CENTER.—The Chief of the National 

24 Guard Bureau may provide for the conduct of the Center 

25 in such State as the Chief considers appropriate. 

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1 ‘‘(d) PERSONS ELIGIBLE TO PARTICIPATE IN CENTER

2 TRAINING.—(1) The Chief of the National Guard Bureau 

3 may recommend units and members of the National Guard 

4 to attend training at the Center under section 502(f) of this 

5 title for not longer than the duration of the training. 

6 ‘‘(2) The Secretaries of the Army, Navy, Air Force, and 

7 Marine Corps may detail units or members of their respec8 tive regular or reserve components to attend training at the 

9 Center. The Secretary of Homeland Security may detail 

10 members of the Coast Guard to attend training and provide 

11 subject matter expertise as requested. 

12 ‘‘(e) AUTHORIZED TRAINING.—The training author13 ized to be provided by the Center involves such matters 

14 within the core competencies of the National Guard and 

15 suitable for contacts under the State Partnership Program 

16 as the Chief of the National Guard Bureau specifies con17 sistent with regulations issued by the Secretary of Defense. 

18 ‘‘(f) CENTER PERSONNEL.—(1) The Chief of the Na19 tional Guard Bureau shall appoint an active member of 

20 the National Guard to be the Commandant of the Center 

21 to administer and lead the center. 

22 ‘‘(2) The Center shall contain personnel authorizations 

23 under a table of distribution and allowance that ensures 

24 sufficient cadre and support to the Center and will be as25 signed to the host State. 

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1 ‘‘(3) Personnel of the National Guard of any State 

2 may serve on full-time National Guard duty for the purpose 

3 of providing command, administrative, training, or sup4 porting services for the Center. For the performance of those 

5 services, any personnel may be ordered to duty under sec6 tion 502(f) of this title. 

7 ‘‘(4) Employees of the Departments of Defense may be 

8 detailed to the Center for the purpose of providing addi9 tional training. 

10 ‘‘(5) The National Guard Bureau may procure, by 

11 contract, the temporary full time services of such civilian 

12 personnel as may be necessary in carrying out the training 

13 provided by the Center.’’. 

14 (b) CLERICAL AMENDMENT.—The table of sections at 

15 the beginning of such chapter is amended by adding at the 

16 end the following new item: 

‘‘510. Center for Excellence for the National Guard State Partnership Program.’’. 

17 Subtitle E—Reports 

18 SEC. 341. REPORT ON JOINT STRATEGY FOR READINESS 

19 AND TRAINING IN A C4ISR-DENIED ENVIRON20 MENT. 

21 (a) REPORT REQUIRED.—The Secretary of Defense, in 

22 consultation with the Chairman of the Joint Chiefs of Staff, 

23 shall submit to Congress a report on the readiness of the 

24 joint force to conduct operations in environments where 

25 there is no access to Command, Control, Communications, 

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1 Computers, Intelligence, Surveillance, and Reconnaissance 

2 (in this section referred to as ‘‘C4ISR’’) systems, including 

3 satellite communications, classified Internet protocol-based 

4 networks, and the Global Positioning System (in this sec5 tion referred to as ‘‘GPS’’). 

6 (b) CONTENTS OF REPORT.—The report required by 

7 subsection (a) shall include a description of the steps taken 

8 and planned to be taken— 

9 (1) to identify likely threats to the C4ISR sys10 tems of the United States, including both weapons 

11 and those states with such capabilities; as well as the 

12 most likely areas in which C4ISR systems could be at 

13 risk; 

14 (2) to identify vulnerabilities to the C4ISR sys15 tems of the United States that could result in a 

16 C4ISR-denied environment; 

17 (3) to determine how the Armed Forces should 

18 respond in order to reconstitute C4ISR systems, pre19 vent further denial of C4ISR systems; and develop 

20 counter-attack capabilities; 

21 (4) to determine which types of joint operations 

22 could be feasible in an environment in which access 

23 to C4ISR systems is restricted or denied; 

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1 (5) to conduct training and exercises for sus2 taining combat and logistics operations in C4ISR-de3 nied environments; and 

4 (6) to propose changes to current tactics, tech5 niques, and procedures to prepare to operate in an 

6 environment in which C4ISR systems are degraded or 

7 denied for 48-hour, 7 day, 30-day, or 60-day periods. 

8 (c) JOINT EXERCISE PLAN REQUIRED.—Based on the 

9 findings of the report required by subsection (a), the Chair10 man of the Joint Chiefs of Staff shall develop a roadmap 

11 and joint exercise plan for the joint force to operate in an 

12 environment where access to C4ISR systems, including sat13 ellite communications, classified Internet protocol-based 

14 networks, and the GPS network, is denied. The plan and 

15 joint exercise program shall include— 

16 (1) the development of alternatives to satellite 

17 communications, classified Internet protocol-based 

18 networks, and GPS for logistics, intelligence, surveil19 lance, and reconnaissance, and combat operations; 

20 and 

21 (2) methods to mitigate dependency on satellite 

22 communications, classified Internet protocol-based 

23 networks, and GPS; 

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1 (3) methods to protect vulnerable satellite com2 munications, classified Internet protocol-based net3 works, and GPS; and 

4 (4) a joint exercise and training plan to include 

5 fleet battle experiments, to enable the force to operate 

6 in a satellite communications, Internet protocol-based 

7 network, and GPS-denied environment. 

8 (d) FORM OF REPORT.—The report required to be sub9 mitted by subsection (a) shall be submitted in unclassified 

10 form, but may include a classified annex. 

11 SEC. 342. COMPTROLLER GENERAL REVIEW OF ANNUAL DE12 PARTMENT OF DEFENSE REPORT ON 

13 PREPOSITIONED MATERIEL AND EQUIPMENT. 

14 Section 2229a(b)(1) of title 10, United States Code, is 

15 amended— 

16 (1) by striking ‘‘By not later than 120 days after 

17 the date on which a report is submitted under sub18 section (a), the’’ and inserting ‘‘The’’; and 

19 (2) by striking ‘‘the report’’and inserting ‘‘each 

20 report submitted under subsection (a)’’. 

21 SEC. 343. MODIFICATION OF REPORT ON MAINTENANCE 

22 AND REPAIR OF VESSELS IN FOREIGN SHIP23 YARDS. 

24 Section 7310(c) of title 10, United States Code, is 

25 amended— 

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1 (1) in paragraph (3)(A), by inserting after ‘‘jus2 tification under law’’ the following: ‘‘and operational 

3 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 (A) 

7 or (B) that is operated pursuant to a contract entered 

8 into by the Military Sealift Command, the Maritime 

9 Administration, or the United States Transportation 

10 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 enti25 tled ‘‘Estimating and Comparing the Full Costs of Civilian 

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1 and Military Manpower and Contractor Support’’ to deter2 mine whether the methodology used in the memorandum re3 flects the actual, relevant, and quantifiable costs to tax4 payers of performance by Federal civilian employees, mili5 tary personnel, and contractors. 

6 (b) CONSULTATION.—In conducting the review re7 quired by subsection (a), the Comptroller General shall con8 sult with the Under Secretary of Defense for Personnel and 

9 Readiness, the Director of Cost Assessment and Program 

10 Evaluation, the Director of the Office of Management and 

11 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 the 

16 House of Representatives. The report shall contain the re17 sults of the review and make recommendations for any stat18 utory changes that the Comptroller General determines are 

19 necessary to ensure that the memorandum reviewed includes 

20 the actual, relevant, and quantifiable costs to taxpayers for 

21 Federal civilian employees, military personnel, and con22 tractors. 

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 

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1 shall submit to the congressional defense committees and the 

2 Comptroller General of the United States a report on the 

3 policies, procedures, and guidelines of the Department of 

4 Defense for helicopter evacuation of injured members of the 

5 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 Force 

16 training of MEDEVAC and CASEVAC air crews. 

17 (3) The differences between the capacity of the 

18 Army and the Air Force to care for wounded members 

19 of the Armed Forces. 

20 (4) The potential costs associated with— 

21 (A) arming MEDEVAC helicopters; 

22 (B) increasing the training of MEDEVAC 

23 air crews to be comparable to the training of 

24 CASEVAC air crews; and 

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1 (C) increasing the quality of the avionics 

2 used in MEDEVAC helicopters to be comparable 

3 to the quality of the avionics used in CASEVAC 

4 helicopters. 

5 (5) An analysis of the Army rescue goal, com6 monly known as the ‘‘golden hour’’, which specifies a 

7 goal of transporting an injured member of the Armed 

8 Forces to a military medical treatment facility not 

9 later than 60 minutes after the MEDEVAC unit re10 ceives notification of the injury, including an anal11 ysis 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 information 

16 about survival rates using additional different 

17 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 ca21 pabilities in combat zones of— 

22 (A) the Army; 

23 (B) the Air Force; 

24 (C) Special Operations Command; and 

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1 (D) armed forces of other countries that per2 form 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 UST 

8 3114) and the related protocols with regard to 

9 the weapons an aircraft may carry and still be 

10 considered a medical aircraft (which, for pur11 poses of such Convention and protocols, means 

12 an aircraft exclusively employed for the removal 

13 of wounded and sick and for the transport of 

14 medical personnel and equipment) protected 

15 under such Convention, and of the interpreta16 tions of and policies under such requirements by 

17 the Department of Defense; 

18 (B) the threats to MEDEVAC and 

19 CASEVAC air crews and assets posed by uncon20 ventional 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 threats 

24 identified in subparagraph (B), as well as any 

25 legal or policy restrictions to such responses 

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1 based on the requirements, policies, and interpre2 tations identified in subparagraph (A). 

3 (8) An explanation of how the survival rate of 

4 injured members of the Armed Forces rescued by heli5 copter evacuation is calculated. 

6 (9) Information on the average number of in7 jured members of the Armed Forces that are evacuated 

8 during each MEDEVAC and CASEVAC mission. 

9 (c) REVIEW BY COMPTROLLER GENERAL.—Not later 

10 than 120 days after the date on which the Comptroller Gen11 eral receives the report submitted by the Secretary of De12 fense under subsection (a), the Comptroller General shall 

13 submit to the congressional defense committees an analysis 

14 of such report. 

15 Subtitle F—Limitations and 

16 Extensions of Authority 

17 SEC. 351. REPEAL OF AUTHORITY TO PROVIDE CERTAIN 

18 MILITARY EQUIPMENT AND FACILITIES TO 

19 SUPPORT CIVILIAN LAW ENFORCEMENT AND 

20 EMERGENCY RESPONSE. 

21 Section 372 of title 10, United States Code, is amend22 ed— 

23 (1) in subsection (a), by striking ‘‘(a) IN GEN24 ERAL.—The Secretary’’ and inserting ‘‘The Sec25 retary’’; and 

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1 (2) by striking subsection (b). 

2 SEC. 352. LIMITATION ON AVAILABILITY OF FUNDS FOR 

3 THE DISESTABLISHMENT OF AEROSPACE 

4 CONTROL ALERT LOCATIONS. 

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

6 appropriated by this Act or otherwise made available for 

7 fiscal year 2013 for the Department of Defense may be obli8 gated or expended to disestablish or downgrade any of the 

9 18 level 5 aerospace control alert defense locations in exist10 ence as of the date of the enactment of this Act. 

11 (b) MAINTAINED LEVELS.—The Secretary of the Air 

12 Force shall maintain the operational capabilities provided 

13 by the 18 level 5 aerospace control alert defense capabilities 

14 until the later of the following dates: 

15 (1) The date of the enactment of the National 

16 Defense Authorization Act for Fiscal Year 2014. 

17 (2) September 30, 2013. 

18 (c) CONSOLIDATED BUDGET EXHIBIT.—The Secretary 

19 of Defense shall establish a consolidated budget justification 

20 display that fully identifies the baseline aerospace control 

21 alert budget for each of the military services and encom22 passes all programs and activities of the aerospace control 

23 alert mission for each of the following functions: 

24 (1) Procurement. 

25 (2) Operation and maintenance. 

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1 (3) Research, development, testing, and evalua2 tion. 

3 (4) Military construction. 

4 (d) REPORT.— 

5 (1) REPORT TO CONGRESS.—Not later than 

6 March 1, 2013, the Secretary of Defense shall submit 

7 to the congressional defense committees a report that 

8 provides a cost-benefit analysis and risk-based assess9 ment of the aerospace control alert mission as it re10 lates to expected future changes to the budget and 

11 force structure of such mission. 

12 (2) COMPTROLLER GENERAL REVIEW.—Not later 

13 than 120 days after the date on which the Secretary 

14 submits the report required by paragraph (1), the 

15 Comptroller General of the United States shall— 

16 (A) conduct a review of the force structure 

17 plan of the Department of Defense and the cost18 benefit analysis and risk-based assessment con19 tained in the report; and 

20 (B) submit to the congressional defense com21 mittees a report on the findings of such review. 

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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 of 

8 the Army submits to the congressional defense committees 

9 certification in writing that sufficient private funding has 

10 been raised to fund the construction of the portion of the 

11 museum known as the ‘‘Baseline Museum’’ and that at least 

12 50 percent of the Baseline Museum has been completed. 

13 SEC. 354. LIMITATION ON AVAILABILITY OF FUNDS FOR RE14 TIREMENT OR INACTIVATION OF TICON15 DEROGA CLASS CRUISERS OR DOCK LANDING 

16 SHIPS. 

17 (a) LIMITATION.—Except as provided by subsection 

18 (b), none of the funds authorized to be appropriated by this 

19 Act or otherwise made available for fiscal year 2013 for the 

20 Department of Defense may be obligated or expended to re21 tire, prepare to retire, inactivate, or place in storage a 

22 cruiser or dock landing ship. 

23 (b) EXCEPTION.—Notwithstanding subsection (a), the 

24 U.S.S. Port Royal, CG 73, is authorized for retirement. 

25 (c) MAINTAINED LEVELS.—The Secretary of the Navy, 

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1 ant commands, shall maintain the operational capability 

2 and perform the necessary maintenance of each cruiser and 

3 dock landing ship belonging to the Navy until the later of 

4 the following dates: 

5 (1) The date of the enactment of the National 

6 Defense Authorization Act for Fiscal Year 2014. 

7 (2) September 30, 2013. 

8 SEC. 355. RENEWAL OF EXPIRED PROHIBITION ON RETURN 

9 OF VETERANS MEMORIAL OBJECTS WITHOUT 

10 SPECIFIC AUTHORIZATION IN LAW. 

11 (a) CODIFICATION OF PROHIBITION.—Section 2572 of 

12 title 10, United States Code, is amended by adding at the 

13 end the following new subsection: 

14 ‘‘(e)(1) Except as provided in paragraph (3), and not15 withstanding this section or any other provision of law, the 

16 President may not transfer a veterans memorial object to 

17 a foreign country or an entity controlled by a foreign gov18 ernment, or otherwise transfer or convey such an object to 

19 any person or entity for purposes of the ultimate transfer 

20 or conveyance of the object to a foreign country or entity 

21 controlled by a foreign government. 

22 ‘‘(2) In this subsection: 

23 ‘‘(A) The term ‘entity controlled by a foreign 

24 government’ has the meaning given that term in sec25 tion 2536(c)(1) of this title. 

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1 ‘‘(B) The term ‘veterans memorial object’ means 

2 any object, including a physical structure or portion 

3 thereof, that— 

4 ‘‘(i) is located at a cemetery of the National 

5 Cemetery System, war memorial, or military in6 stallation in the United States; 

7 ‘‘(ii) is dedicated to, or otherwise memorial8 izes, the death in combat or combat-related du9 ties of members of the armed forces; and 

10 ‘‘(iii) was brought to the United States from 

11 abroad as a memorial of combat abroad. 

12 ‘‘(3) The prohibition imposed by paragraph (1) does 

13 not apply to a transfer of a veterans memorial object if— 

14 ‘‘(A) the transfer of that veterans memorial ob15 ject is specifically authorized by law; or 

16 ‘‘(B) the transfer is made after September 30, 

17 2017.’’. 

18 (b) REPEAL OF OBSOLETE SOURCE LAW.—Section 

19 1051 of the National Defense Authorization Act for Fiscal 

20 Year 2000 (Public Law 106–65; 10 U.S.C. 2572 note) is 

21 repealed. 

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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 WORK5 ING 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 (g) 

10 as subsections (h) and (i), respectively; and 

11 (B) by inserting after subsection (e) the fol12 lowing new subsections: 

13 ‘‘(f) CLASSIFICATION OF MILITARY WORKING DOGS.— 

14 The Secretary of Defense shall classify military working 

15 dogs as canine members of the armed forces. Such dogs shall 

16 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.’’. 

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1 (2) ACCEPTANCE OF FREQUENT TRAVELER MILES

2 TO FACILITATE ADOPTION.—Section 2613(d) of such 

3 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 period 

7 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 title 

16 is amended by adding at the end the following 

17 new section: 

18 ‘‘§ 993. Military working dogs: veterinary care for re19 tired military working dogs 

20 ‘‘(a) IN GENERAL.—The Secretary of Defense shall es21 tablish and maintain a system to provide for the veterinary 

22 care of retired military working dogs. 

23 ‘‘(b) ELIGIBLE DOGS.—(1) A retired military working 

24 dog eligible for veterinary care under this section is any 

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1 military working dog adopted under section 2583 of this 

2 title. 

3 ‘‘(2) The veterinary care provided a military working 

4 dog under this section shall be provided during the life of 

5 the dog beginning on the date on which the dog is adopted 

6 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 Sec14 retary considers appropriate for purposes of this subsection. 

15 ‘‘(B) An entity seeking the award of a contract under 

16 this subsection shall submit to the Secretary an application 

17 therefor in such form, and containing such information, as 

18 the Secretary shall require. 

19 ‘‘(3) The term of any contract under this subsection 

20 shall be such duration as the Secretary shall specify. 

21 ‘‘(d) STANDARDS OF CARE.—(1) The veterinary care 

22 provided under the system required by this section shall 

23 meet such standards as the Secretary shall establish and 

24 from time to time update. 

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1 ‘‘(2) The standards required by this subsection shall 

2 include the following: 

3 ‘‘(A) Provisions regarding the types of care to be 

4 provided to retired military working dogs. 

5 ‘‘(B) Provisions regarding the entities (including 

6 private veterinarians and entities) qualified to pro7 vide 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 di17 rectors of the non-profit private entity awarded the contract 

18 under subsection (c) in establishing and updating stand19 ards of care under this subsection. 

20 ‘‘(e) COVERAGE OF COSTS.—(1) Except as provided in 

21 paragraph (2), any costs of operation and administration 

22 of the system required by this section, and of any veterinary 

23 care provided under the system, shall be covered by such 

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1 profit entity awarded the contract under subsection (c) 

2 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 receiv6 ing 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 reg19 ulations for the discharge of the requirements and authori20 ties in this section, including regulations on the standards 

21 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 new 

25 item: 

‘‘993. Military working dogs: veterinary care for retired military working dogs.’’. 

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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 WORKING

7 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 decora14 tion or other appropriate recognition to recognize military 

15 working dogs under the jurisdiction of the Secretary that 

16 are killed in action or perform an exceptionally meritorious 

17 or courageous act in service to the United States.’’. 

18 TITLE IV—MILITARY PERSONNEL 

19 AUTHORIZATIONS 

20 Subtitle A—Active Forces 

21 SEC. 401. END STRENGTHS FOR ACTIVE FORCES. 

22 The Armed Forces are authorized strengths for active 

23 duty personnel as of September 30, 2013, as follows: 

24 (1) The Army, 552,100. 

25 (2) The Navy, 322,700. 

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1 (3) The Marine Corps, 197,300. 

2 (4) The Air Force, 330,383. 

3 SEC. 402. REVISION IN PERMANENT ACTIVE DUTY END 

4 STRENGTH MINIMUM LEVELS. 

5 Section 691(b) of title 10, United States Code, is 

6 amended by striking paragraphs (1) through (4) and insert7 ing the following new paragraphs: 

8 ‘‘(1) For the Army, 552,100. 

9 ‘‘(2) For the Navy, 322,700. 

10 ‘‘(3) For the Marine Corps, 197,300. 

11 ‘‘(4) For the Air Force, 330,383.’’. 

12 SEC. 403. LIMITATIONS ON END STRENGTH REDUCTIONS 

13 FOR REGULAR COMPONENT OF THE ARMY 

14 AND MARINE CORPS. 

15 (a) ANNUAL CERTIFICATION.—Subject to subsections 

16 (b) and (c), if the President determines that a reduction 

17 in end strength of the regular component of the Army or 

18 Marine Corps (or both) is necessary for any of fiscal years 

19 2014 through 2017, the President shall submit to Congress, 

20 with the budget request for that fiscal year, a certification 

21 that the reduction in end strength, should the assumptions 

22 of the National Security Strategy prescribed by the Presi23 dent in the most recent annual national security strategy 

24 report under section 108 of the National Security Act of 

25 1947 (50 U.S.C. 404a) prove to be incorrect, will not— 

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1 (1) undermine the ability of the Armed Forces to 

2 meet the requirements of the National Security Strat3 egy; 

4 (2) increase security risks for the United States; 

5 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 com11 ponent of the Army shall not be reduced by more than 

12 15,000 members during each of fiscal years 2014 

13 through 2017 from the end strength of the regular 

14 component of the Army at the end of the preceding 

15 fiscal year. 

16 (2) MARINE CORPS.—The end strength of the reg17 ular component of the Marine Corps shall not be re18 duced by more than 5,000 members during each of fis19 cal years 2014 through 2017 from the end strength of 

20 the regular component of the Marine Corps at the end 

21 of the preceding fiscal year. 

22 (c) BUDGETING REQUIREMENT.—The budget for the 

23 Department of Defense for each of fiscal years 2014 through 

24 2017 as submitted to Congress— 

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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 691(b) 

5 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 who 

13 is within the Integrated Disability Evaluation System as 

14 of the last day of any of fiscal years 2013 through 2018 

15 shall not be counted toward the end strength levels for active 

16 duty members of the Armed Forces prescribed for that fiscal 

17 year. 

18 (b) FUNDING SOURCE.—The Secretary of Defense shall 

19 use funds authorized to be appropriated for overseas contin20 gency operations being carried out by the Armed Forces to 

21 cover any military personnel expenses incurred as a result 

22 of the exclusion under subsection (a) of members of the 

23 Armed Forces from the end strengths levels for active forces. 

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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 com5 ponents 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 strengths 

16 prescribed by subsection (a) for the Selected Reserve of any 

17 reserve component shall be proportionately reduced by— 

18 (1) the total authorized strength of units orga19 nized to serve as units of the Selected Reserve of such 

20 component which are on active duty (other than for 

21 training) at the end of the fiscal year; and 

22 (2) the total number of individual members not 

23 in units organized to serve as units of the Selected 

24 Reserve of such component who are on active duty 

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1 pation in training) without their consent at the end 

2 of the fiscal year. 

3 (c) END STRENGTH INCREASES.—Whenever units or 

4 individual members of the Selected Reserve of any reserve 

5 component are released from active duty during any fiscal 

6 year, the end strength prescribed for such fiscal year for 

7 the Selected Reserve of such reserve component shall be in8 creased proportionately by the total authorized strengths of 

9 such units and by the total number of such individual mem10 bers. 

11 SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE 

12 DUTY IN SUPPORT OF THE RESERVES. 

13 Within the end strengths prescribed in section 411(a), 

14 the reserve components of the Armed Forces are authorized, 

15 as of September 30, 2013, the following number of Reserves 

16 to be serving on full-time active duty or full-time duty, in 

17 the case of members of the National Guard, for the purpose 

18 of organizing, administering, recruiting, instructing, or 

19 training the reserve components: 

20 (1) The Army National Guard of the United 

21 States, 32,060. 

22 (2) The Army Reserve, 16,277. 

23 (3) The Navy Reserve, 10,114. 

24 (4) The Marine Corps Reserve, 2,261. 

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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 reserve 

8 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: 

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1 (A) For the Army National Guard of the 

2 United States, 1,600. 

3 (B) For the Air National Guard of the 

4 United States, 350. 

5 (2) ARMY RESERVE.—The number of non-dual 

6 status technicians employed by the Army Reserve as 

7 of September 30, 2013, may not exceed 595. 

8 (3) AIR FORCE RESERVE.—The number of non9 dual status technicians employed by the Air Force 

10 Reserve as of September 30, 2013, may not exceed 90. 

11 (b) NON-DUAL STATUS TECHNICIANS DEFINED.—In 

12 this section, the term ‘‘non-dual status technician’’ has the 

13 meaning given that term in section 10217(a) of title 10, 

14 United States Code. 

15 SEC. 415. MAXIMUM NUMBER OF RESERVE PERSONNEL AU16 THORIZED TO BE ON ACTIVE DUTY FOR 

17 OPERATIONAL SUPPORT. 

18 During fiscal year 2013, the maximum number of 

19 members of the reserve components of the Armed Forces who 

20 may be serving at any time on full-time operational sup21 port duty under section 115(b) of title 10, United States 

22 Code, is the following: 

23 (1) The Army National Guard of the United 

24 States, 17,000. 

25 (2) The Army Reserve, 13,000. 

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1 (3) The Navy Reserve, 6,200. 

2 (4) The Marine Corps Reserve, 3,000. 

3 (5) The Air National Guard of the United 

4 States, 16,000. 

5 (6) The Air Force Reserve, 14,000. 

6 Subtitle C—Authorization of 

7 Appropriations 

8 SEC. 421. MILITARY PERSONNEL. 

9 (a) AUTHORIZATION OF APPROPRIATIONS.—Funds are 

10 hereby authorized to be appropriated for fiscal year 2013 

11 for the use of the Armed Forces and other activities and 

12 agencies of the Department of Defense for expenses, not oth13 erwise provided for, for military personnel, as specified in 

14 the funding table in section 4401. 

15 (b) CONSTRUCTION OF AUTHORIZATION.—The author16 ization of appropriations in subsection (a) supersedes any 

17 other authorization of appropriations (definite or indefi18 nite) for such purpose for fiscal year 2013. 

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1 TITLE V—MILITARY PERSONNEL 

2 POLICY 

3 Subtitle A—Officer Personnel Policy 

4 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 NUMBER

11 OF FLAG OFFICERS IN STAFF CORPS OF THE NAVY.—Sec12 tion 5150(c) of such title is amended by striking the last 

13 sentence. 

14 SEC. 502. EXCEPTION TO REQUIRED RETIREMENT AFTER 30 

15 YEARS OF SERVICE FOR REGULAR NAVY WAR16 RANT OFFICERS IN THE GRADE OF CHIEF 

17 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 

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1 (B) by striking ‘‘he’’ and inserting ‘‘the offi2 cer’’; and 

3 (2) by adding at the end the following new para4 graph: 

5 ‘‘(3) In the case of a regular Navy warrant officer in 

6 the grade of chief warrant officer, W–5, the officer shall be 

7 retired 60 days after the date on which the officer completes 

8 33 years of total active service.’’. 

9 SEC. 503. AIR FORCE CHIEF AND DEPUTY CHIEF OF CHAP10 LAINS. 

11 (a) ESTABLISHMENT OF POSITIONS; APPOINTMENT.— 

12 Chapter 805 of title 10, United States Code, is amended 

13 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, by 

18 and with the advice and consent of the Senate, from officers 

19 of the Air Force designated under section 8067(h) of this 

20 title as chaplains who— 

21 ‘‘(A) are serving in the grade of colonel or above; 

22 ‘‘(B) are serving on active duty; and 

23 ‘‘(C) have served on active duty as a chaplain 

24 for at least eight years. 

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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 any 

4 time. 

5 ‘‘(3) The Chief of Chaplains shall perform such duties 

6 as may be prescribed by the Secretary of the Air Force and 

7 by law. 

8 ‘‘(b) DEPUTY CHIEF OF CHAPLAINS.—(1) There is a 

9 Deputy Chief of Chaplains in the Air Force, appointed by 

10 the President, by and with the advice and consent of the 

11 Senate, from officers of the Air Force designated under sec12 tion 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 Chap18 lains shall be appointed for a term of three years. However, 

19 the President may terminate or extend the appointment at 

20 any time. 

21 ‘‘(3) The Deputy Chief of Chaplains shall perform such 

22 duties as may be prescribed by the Secretary of the Air 

23 Force and the Chief of Chaplains and by law. 

24 ‘‘(c) SELECTION BOARD.—Under regulations approved 

25 by the Secretary of Defense, the Secretary of the Air Force, 

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1 in selecting an officer for recommendation to the President 

2 for appointment as the Chief of Chaplains or the Deputy 

3 Chief of Chaplains, shall ensure that the officer selected is 

4 recommended by a board of officers that, insofar as prac5 ticable, is subject to the procedures applicable to the selec6 tion boards convened under chapter 36 of this title.’’. 

7 (b) CLERICAL AMENDMENT.—The table of sections at 

8 the beginning of such chapter is amended by adding at the 

9 end the following new item: 

‘‘8039. Chief and Deputy Chief of Chaplains: appointment; duties.’’. 

10 SEC. 504. EXTENSION OF TEMPORARY AUTHORITY TO RE11 DUCE MINIMUM LENGTH OF ACTIVE SERVICE 

12 AS A COMMISSIONED OFFICER REQUIRED 

13 FOR VOLUNTARY RETIREMENT AS AN OFFI14 CER. 

15 (a) ARMY.—Section 3911(b)(2) of title 10, United 

16 States Code, is amended by striking ‘‘September 30, 2013’’ 

17 and inserting ‘‘September 30, 2018’’. 

18 (b) NAVY AND MARINE CORPS.—Section 6323(a)(2)(B) 

19 of such title is amended by striking ‘‘September 30, 2013’’ 

20 and inserting ‘‘September 30, 2018’’. 

21 (c) AIR FORCE.—Section 8911(b)(2) of such title is 

22 amended by striking ‘‘September 30, 2013’’ and inserting 

23 ‘‘September 30, 2018’’. 

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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 Code, 

7 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, is 

20 amended— 

21 (1) in subparagraph (E)— 

22 (A) by inserting ‘‘(i)’’ after ‘‘exceed’’; and 

23 (B) by inserting before the period at the end 

24 the following: ‘‘or (ii) in the case of officers of 

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1 paragraph (G), two officers, whichever number is 

2 greater’’; and 

3 (2) by adding at the end the following new sub4 paragraph: 

5 ‘‘(G) Notwithstanding subparagraph (E), during fiscal 

6 years 2013 through 2017, the total number of brigadier gen7 erals and major generals of the Army, Air Force, and Ma8 rine Corps, and the total number of rear admirals (lower 

9 half) and rear admirals of the Navy, for whom a reduction 

10 is made under this section during any fiscal year of service11 in-grade otherwise required under this paragraph— 

12 ‘‘(i) for officers of the Army, Navy, and Air 

13 Force, may not exceed five percent of the authorized 

14 active-duty strength for that fiscal year for officers of 

15 that armed force in those grades; and 

16 ‘‘(ii) for officers of the Marine Corps, may not 

17 exceed 10 percent of the authorized active-duty 

18 strength for that fiscal year for officers in those 

19 grades.’’. 

20 SEC. 507. DIVERSITY IN MILITARY LEADERSHIP AND RE21 LATED REPORTING REQUIREMENTS. 

22 (a) PLAN TO ACHIEVE MILITARY LEADERSHIP RE23 FLECTING DIVERSITY OF UNITED STATES POPULATION.— 

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1 (1) IN GENERAL.—Chapter 37 of title 10, United 

2 States Code, is amended by adding at the end the fol3 lowing new section: 

4 ‘‘§ 656. Diversity in military leadership: plan 

5 ‘‘(a) PLAN.—The Secretary of Defense shall develop 

6 and implement a plan to accurately measure the efforts of 

7 the Department of Defense to achieve a dynamic, sustain8 able level of members of the armed forces (including reserve 

9 components) that, among both commissioned officers and 

10 senior enlisted personnel of each armed force, will reflect 

11 the diverse population of the United States eligible to serve 

12 in the armed forces, including gender specific, racial, and 

13 ethnic populations. Any metric established pursuant to this 

14 subsection may not be used in a manner that undermines 

15 the merit-based processes of the Department of Defense, in16 cluding such processes for accession, retention, and pro17 motion. Such metrics may not be combined with the identi18 fication of specific quotas based upon diversity characteris19 tics. The Secretary shall continue to account for diversified 

20 language and cultural skills among the total force of the 

21 military. 

22 ‘‘(b) METRICS TO MEASURE PROGRESS IN DEVEL23 OPING AND IMPLEMENTING PLAN.—In developing and im24 plementing the plan under subsection (a), the Secretary of 

25 Defense shall develop a standard set of metrics and collecmstockstill on DSK4VPTVN1PROD with BILLS

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1 tion procedures that are uniform across the armed forces. 

2 The metrics required by this subsection shall be designed— 

3 ‘‘(1) to accurately capture the inclusion and ca4 pability aspects of the armed forces broader diversity 

5 plans, including race, ethnic, and gender specific 

6 groups, functional expertise, and diversified cultural 

7 and language skills as to leverage and improve readi8 ness; and 

9 ‘‘(2) to be verifiable and systematically linked to 

10 strategic plans that will drive improvements. 

11 ‘‘(c) DEFINITION OF DIVERSITY.—In developing and 

12 implementing the plan under subsection (a), the Secretary 

13 of Defense shall develop a uniform definition of diversity. 

14 ‘‘(d) CONSULTATION.—Not less than annually, the Sec15 retary of Defense shall meet with the Secretaries of the mili16 tary departments, the Joint Chiefs of Staff, and senior en17 listed members of the armed forces to discuss the progress 

18 being made toward developing and implementing the plan 

19 established under subsection (a). 

20 ‘‘(e) COOPERATION WITH STATES.—The Secretary of 

21 Defense shall coordinate with the National Guard Bureau 

22 and States in tracking the progress of the National Guard 

23 toward developing and implementing the plan established 

24 under subsection (a).’’. 

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1 (2) CLERICAL AMENDMENT.—The table of sec2 tions at the beginning of such chapter is amended by 

3 adding at the end the following new item: 

‘‘656. Diversity in military leadership: plan.’’. 

4 (b) INCLUSION IN DOD MANPOWER REQUIREMENTS

5 REPORT.—Section 115a(c) of such title is amended by add6 ing at the end the following new paragraphs: 

7 ‘‘(4) The progress made in implementing the 

8 plan required by section 656 of this title to accurately 

9 measure the efforts of the Department to reflect the di10 verse population of the United States eligible to serve 

11 in the armed forces. 

12 ‘‘(5) The number of members of the armed forces, 

13 including reserve components, listed by sex and race 

14 or ethnicity for each rank under each military de15 partment. 

16 ‘‘(6) The number of members of the armed forces, 

17 including reserve components, who were promoted 

18 during the year covered by the report, listed by sex 

19 and race or ethnicity for each rank under each mili20 tary department. 

21 ‘‘(7) The number of members of the armed forces, 

22 including reserve components, who reenlisted or other23 wise extended the commitment to military service 

24 during the year covered by the report, listed by sex 

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1 and race or ethnicity for each rank under each mili2 tary department. 

3 ‘‘(8) The available pool of qualified candidates 

4 for the general officer grades of general and lieutenant 

5 general and the flag officer grades of admiral and vice 

6 admiral.’’. 

7 Subtitle B—Reserve Component 

8 Management 

9 SEC. 511. CODIFICATION OF STAFF ASSISTANT POSITIONS 

10 FOR JOINT STAFF RELATED TO NATIONAL 

11 GUARD AND RESERVE MATTERS. 

12 (a) CODIFICATION OF EXISTING POSITIONS.—Chapter 

13 5 of title 10, United States Code, is amended by inserting 

14 after section 155 the following new section: 

15 ‘‘§ 155a. Assistants to the Chairman of the Joint 

16 Chiefs of Staff for National Guard mat17 ters and for Reserve matters 

18 ‘‘(a) ESTABLISHMENT OF POSITIONS.—The Secretary 

19 of Defense shall establish the following positions within the 

20 Joint Staff: 

21 ‘‘(1) Assistant to the Chairman of the Joint 

22 Chiefs of Staff for National Guard Matters. 

23 ‘‘(2) Assistant to the Chairman of the Joint 

24 Chiefs of Staff for Reserve Matters. 

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1 ‘‘(b) SELECTION.—(1) The Assistant to the Chairman 

2 of the Joint Chiefs of Staff for National Guard Matters shall 

3 be selected by the Chairman from officers of the Army Na4 tional Guard of the United States or the Air Guard of the 

5 United States who— 

6 ‘‘(A) are recommended for such selection by their 

7 respective Governors or, in the case of the District of 

8 Columbia, the commanding general of the District of 

9 Columbia National Guard; 

10 ‘‘(B) have had at least 10 years of federally rec11 ognized commissioned service in the National Guard 

12 and significant joint duty experience, as determined 

13 by the Chairman of the Joint Chiefs of Staff; and 

14 ‘‘(C) are in a grade above the grade of colonel. 

15 ‘‘(2) The Assistant to the Chairman of the Joint Chiefs 

16 of Staff for Reserve Matters shall be selected by the Chair17 man from officers of the Army Reserve, the Navy Reserve, 

18 the Marine Corps Reserve, or the Air Force Reserve who— 

19 ‘‘(A) are recommended for such selection by the 

20 Secretary of the military department concerned; 

21 ‘‘(B) have had at least 10 years of commissioned 

22 service in their reserve component and significant 

23 joint duty experience, as determined by the Chairman 

24 of the Joint Chiefs of Staff; and 

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1 ‘‘(C) are in a grade above the grade of colonel or, 

2 in the case of the Navy Reserve, captain. 

3 ‘‘(c) TERM OF OFFICE.—Each Assistant to the Chair4 man of the Joint Chiefs of Staff under subsection (a) serves 

5 at the pleasure of the Chairman for a term of two years 

6 and may be continued in that assignment in the same man7 ner for one additional term. However, in time of war there 

8 is no limit on the number of terms. 

9 ‘‘(d) GRADE.—Each Assistant to the Chairman of the 

10 Joint Chiefs of Staff under subsection (a), while so serving, 

11 holds the grade of major general or, in the case of the Navy 

12 Reserve, rear admiral. Each such officer shall be considered 

13 to be serving in a position covered by the limited exclusion 

14 from the authorized strength of general officers and flag offi15 cers on active duty provided by section 526(b) of this title. 

16 ‘‘(e) DUTIES.—(1) The Assistant to the Chairman of 

17 the Joint Chiefs of Staff for National Guard Matters is an 

18 adviser to the Chairman on matters relating to the National 

19 Guard and performs the duties prescribed for that position 

20 by the Chairman. 

21 ‘‘(2) The Assistant to the Chairman of the Joint Chiefs 

22 of Staff for Reserve Matters is an adviser to the Chairman 

23 on matters relating to the reserves and performs the duties 

24 prescribed for that position by the Chairman. 

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1 ‘‘(f) OTHER RESERVE COMPONENT REPRESENTATION

2 ON JOINT STAFF.—The Secretary of Defense, in consulta3 tion with the Chairman of the Joint Chiefs, shall develop 

4 appropriate policy guidance to ensure that, to the max5 imum extent practicable, the level of representation of re6 serve component officers on the Joint Staff is commensurate 

7 with the significant role of the reserve components within 

8 the armed forces.’’. 

9 (b) CLERICAL AMENDMENT.—The table of sections at 

10 the beginning of such chapter is amended by inserting after 

11 the item related to section 155 the following new item: 

‘‘155a. Assistants to the Chairman of the Joint Chiefs of Staff for National Guard 

matters and for Reserve matters.’’. 

12 (c) REPEAL OF SUPERSEDED LAW.—Section 901 of 

13 the National Defense Authorization Act for Fiscal Year 

14 1998 (Public Law 105–85; 10 U.S.C. 155 note) is repealed. 

15 SEC. 512. AUTOMATIC FEDERAL RECOGNITION OF PRO16 MOTION OF CERTAIN NATIONAL GUARD WAR17 RANT OFFICERS. 

18 Section 310(a) of title 32, United States Code, is 

19 amended— 

20 (1) by inserting ‘‘(1)’’ before ‘‘Notwithstanding’’; 

21 and 

22 (2) by adding at the end the following new para23 graph: 

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1 ‘‘(2) Notwithstanding sections 307 and 309 of this 

2 title, if a warrant officer, W–1, of the National Guard is 

3 promoted to the grade of chief warrant officer, W–2, to fill 

4 a vacancy in a federally recognized unit in the National 

5 Guard, Federal recognition is automatically extended to 

6 that officer in the grade of chief warrant officer, W–2, effec7 tive as of the date on which that officer has completed the 

8 service in the grade prescribe by the Secretary concerned 

9 under section 12242 of title 10, if the warrant officer has 

10 remained in an active status since the warrant officer was 

11 so recommended.’’. 

12 Subtitle C—General Service 

13 Authorities 

14 SEC. 521. MODIFICATIONS TO CAREER INTERMISSION 

15 PILOT PROGRAM. 

16 (a) EXTENSION OF PROGRAMS TO INCLUDE ACTIVE

17 GUARD AND RESERVE PERSONNEL.—Subsection (a)(1) of 

18 section 533 of Duncan Hunter National Defense Authoriza19 tion Act for Fiscal Year 2009 (Public Law 110–417; 122 

20 Stat. 4449; 10 U.S.C. 701 prec.) is amended by inserting 

21 after ‘‘officers and enlisted members of the regular compo22 nents’’ the following: ‘‘, and members of the Active Guard 

23 and Reserve (as defined in section 101(b)(16) of title 10, 

24 United States Code),’’. 

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1 (b) AUTHORITY TO CARRY FORWARD UNUSED AC2 CRUED LEAVE.—Subsection (h) of such section is amended 

3 by adding at the end the following new paragraph: 

4 ‘‘(5) LEAVE.—A member who participates in a 

5 pilot program is entitled to carry forward the leave 

6 balance, existing as of the day on which the member 

7 begins participation and accumulated in accordance 

8 with section 701 of title 10, United States Code, but 

9 not to exceed 60 days.’’. 

10 (c) AUTHORITY FOR DISABILITY PROCESSING.—Sub11 section (j) of such section is amended— 

12 (1) by striking ‘‘for purposes of the entitlement’’ 

13 and inserting ‘‘for purposes of— 

14 ‘‘(1) the entitlement’’; 

15 (2) by striking the period at the end and insert16 ing ‘‘; and’’; and 

17 (3) by adding at the end the following new para18 graph: 

19 ‘‘(2) retirement or separation for physical dis20 ability under the provisions of chapters 55 and 61 of 

21 title 10, United States Code.’’. 

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1 SEC. 522. AUTHORITY FOR ADDITIONAL BEHAVIORAL 

2 HEALTH PROFESSIONALS TO CONDUCT PRE3 SEPARATION MEDICAL EXAMS FOR POST4 TRAUMATIC STRESS DISORDER. 

5 Section 1177(a) of title 10, United States Code, is 

6 amended— 

7 (1) in paragraph (1), by striking ‘‘or psychia8 trist’’ and inserting ‘‘psychiatrist, licensed clinical so9 cial worker, or psychiatric nurse practitioner’’; and 

10 (2) in paragraph (3), by striking ‘‘or psychia11 trist’’ and inserting ‘‘, psychiatrist, licensed clinical 

12 social worker, or psychiatric nurse practitioner’’. 

13 SEC. 523. AUTHORITY TO ACCEPT VOLUNTARY SERVICES TO 

14 ASSIST DEPARTMENT OF DEFENSE EFFORTS 

15 TO ACCOUNT FOR MISSING PERSONS. 

16 Section 1501(a)(6) of title 10, United States Code, is 

17 amended by adding at the end the following new subpara18 graph: 

19 ‘‘(D) Notwithstanding section 1342 of title 31, the Sec20 retary of Defense may accept voluntary services provided 

21 by individuals or non–Federal entities to further the pur22 poses of this chapter.’’. 

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1 SEC. 524. AUTHORIZED LEAVE AVAILABLE FOR MEMBERS 

2 OF THE ARMED FORCES UPON BIRTH OR 

3 ADOPTION OF A CHILD. 

4 Section 701 of title 10, United States Code, is amend5 ed— 

6 (1) by striking subsections (i) and (j) and insert7 ing the following new subsection: 

8 ‘‘(i)(1) A member of the armed forces who gives birth 

9 to a child or who adopts a child in a qualifying child adop10 tion and will be primary caregiver for the adopted child 

11 shall receive 42 days of leave after the birth or adoption 

12 to be used in connection with the birth or adoption of the 

13 child. 

14 ‘‘(2) A married member of the armed forces on active 

15 duty whose wife gives birth to a child or who adopts a child 

16 in a qualifying child adoption, but will not be primary 

17 caregiver for the adopted child, shall receive 10 days of leave 

18 to be used in connection with the birth or adoption of the 

19 child. 

20 ‘‘(3) If two members of the armed forces who are mar21 ried to each other adopt a child in a qualifying child adop22 tion, only one of the members may be designated as primary 

23 caregiver for purposes of paragraph (1). In the case of a 

24 dual-military couple, the member authorized leave under 

25 paragraph (1) and the member authorized leave under 

26 paragraph (2) may utilize the leave at the same time. 

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1 ‘‘(4) For the purpose of this subsection, an adoption 

2 of a child by a member is a qualifying child adoption if 

3 the member is eligible for reimbursement of qualified adop4 tion expenses for such adoption under section 1052 of this 

5 title. 

6 ‘‘(5) Leave authorized under this subsection is in addi7 tion to other leave provided under other provisions of this 

8 section. 

9 ‘‘(6) The Secretary of Defense may prescribe such regu10 lations as may be necessary to carry out this subsection.’’; 

11 and 

12 (2) by redesignating subsection (k) as subsection 

13 (j). 

14 SEC. 525. COMMAND RESPONSIBILITY AND ACCOUNT15 ABILITY FOR REMAINS OF MEMBERS OF THE 

16 ARMY, NAVY, AIR FORCE, AND MARINE CORPS 

17 WHO DIE OUTSIDE THE UNITED STATES. 

18 Not later than 60 days after the date of the enactment 

19 of this Act, the Secretary of Defense shall take such steps 

20 as may be necessary to ensure that there is continuous, des21 ignated military command responsibility and account22 ability for the care, handling, and transportation of the re23 mains of each deceased member of the Army, Navy, Air 

24 Force, or Marine Corps who died outside the United States, 

25 beginning with the initial recovery of the remains, through 

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1 the defense mortuary system, until the interment of the re2 mains or the remains are otherwise accepted by the person 

3 designated as provided by section 1482(c) of title 10, United 

4 States Code, to direct disposition of the remains. 

5 SEC. 526. REPORT ON FEASIBILITY OF DEVELOPING GEN6 DER-NEUTRAL OCCUPATIONAL STANDARDS 

7 FOR MILITARY OCCUPATIONAL SPECIALTIES 

8 CURRENTLY CLOSED TO WOMEN. 

9 Not later than 60 days after the date of the enactment 

10 of this Act, the Secretary of Defense shall submit to the con11 gressional defense committees a report evaluating the feasi12 bility of incorporating gender-neutral occupational stand13 ards for military occupational specialties closed, as of the 

14 date of the enactment of this Act, to female members of the 

15 Armed Forces. 

16 SEC. 527. COMPLIANCE WITH MEDICAL PROFILES ISSUED 

17 FOR MEMBERS OF THE ARMED FORCES. 

18 (a) COMPLIANCE REQUIREMENT.—The Secretary of a 

19 military department shall ensure that commanding offi20 cers— 

21 (1) do not prohibit or otherwise restrict the abil22 ity of physicians and other licensed health-care pro23 viders to issue a medical profile for a member of the 

24 Armed Forces; and 

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1 (2) comply with the terms of a medical profile 

2 issued to a member of the Armed Forces is assigning 

3 duties to the member. 

4 (b) LIMITED WAIVER AUTHORITY.—The first general 

5 officer or flag officer in the chain of command of a member 

6 of the Armed Forces covered by a medical profile may au7 thorize, on a case-by-case basis, a temporary waiver of the 

8 compliance requirement imposed by subsection (a)(2) if the 

9 officer determines that the assignment of duties to the mem10 ber in violation of the terms of the medical profile is vital 

11 to ensuring the readiness of the member and the unit. 

12 (c) MEDICAL PROFILE DEFINED.—In this section, the 

13 term ‘‘medical profile’’, with respect to a member of the 

14 Armed Forces, means a limitation imposed by a physician 

15 or other licensed health-care provider on the physical activ16 ity of the member on account of an illness or injury to fa17 cilitate the member’s recovery or reduce the seriousness of 

18 the illness or injury. 

19 Subtitle D—Military Justice and 

20 Legal Matters 

21 SEC. 531. CLARIFICATION AND ENHANCEMENT OF THE 

22 ROLE OF STAFF JUDGE ADVOCATE TO THE 

23 COMMANDANT OF THE MARINE CORPS. 

24 (a) APPOINTMENT BY THE PRESIDENT AND PERMA25 NENT APPOINTMENT TO GRADE OF MAJOR GENERAL.— 

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1 Subsection (a) of section 5046 of title 10, United States 

2 Code, is amended— 

3 (1) in the first sentence, by striking ‘‘detailed’’ 

4 and inserting ‘‘appointed by the President, by and 

5 with the advice and consent of the Senate,’’; and 

6 (2) by striking the second sentence and inserting 

7 the following: ‘‘If the officer to be appointed as the 

8 Staff Judge Advocate to the Commandant of the Ma9 rine Corps holds a grade lower than the grade of 

10 major general immediately before the appointment, 

11 the officer shall be appointed in the grade of major 

12 general.’’. 

13 (b) DUTIES, AUTHORITY, AND ACCOUNTABILITY.— 

14 Such section is further amended— 

15 (1) by redesignating subsection (c) as subsection 

16 (d); and 

17 (2) by inserting after subsection (b) the following 

18 new subsection (c): 

19 ‘‘(c) The Staff Judge Advocate to the Commandant of 

20 the Marine Corps, under the direction of the Commandant 

21 of the Marine Corps and the Secretary of the Navy, shall— 

22 ‘‘(1) perform such duties relating to legal matters 

23 arising in the Marine Corps as may be assigned to 

24 the Staff Judge Advocate; 

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1 ‘‘(2) perform the functions and duties, and exer2 cise the powers, prescribed for the Staff Judge Advo3 cate to the Commandant of the Marine Corps in 

4 chapters 47 (the Uniform Code of Military Justice) 

5 and 53 of this title; and 

6 ‘‘(3) perform such other duties as may be as7 signed to the Staff Judge Advocate.’’. 

8 (c) COMPOSITION OF HEADQUARTERS, MARINE

9 CORPS.—Section 5041(b) of such title 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) The Staff Judge Advocate to the Com15 mandant of the Marine Corps.’’. 

16 (d) SUPERVISION OF CERTAIN LEGAL SERVICES.— 

17 (1) ADMINISTRATION OF MILITARY JUSTICE.— 

18 Section 806(a) of such title (article 6(a) of the Uni19 form Code of Military Justice) is amended in the 

20 third sentence by striking ‘‘or senior members of his 

21 staff’’ and inserting ‘‘, the Staff Judge Advocate to the 

22 Commandant of the Marine Corps, or senior members 

23 of their staffs’’. 

24 (2) DELIVERY OF LEGAL ASSISTANCE.—Section 

25 1044(b) of such title is amended by inserting ‘‘and, 

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1 within the Marine Corps, the Staff Judge Advocate to 

2 the Commandant of the Marine Corps’’ after ‘‘juris3 diction of the Secretary’’. 

4 SEC. 532. PERSONS WHO MAY EXERCISE DISPOSITION AU5 THORITY REGARDING CHARGES INVOLVING 

6 CERTAIN SEXUAL MISCONDUCT OFFENSES 

7 UNDER THE UNIFORM CODE OF MILITARY 

8 JUSTICE. 

9 (a) PERSONS WHO MAY EXERCISE DISPOSITION AU10 THORITY.— 

11 (1) DISPOSITION AUTHORITY.—With respect to 

12 any charge under chapter 47 of title 10, United 

13 States Code (the Uniform Code of Military Justice) 

14 that alleges an offense specified in paragraph (2), the 

15 Secretary of Defense shall require the Secretaries of 

16 the military departments to restrict disposition au17 thority under section 830 of such chapter (article 30 

18 of the Uniform Code of Military Justice) to officers of 

19 the Armed Forces who have the authority to convene 

20 special courts-martial under section 823 of such chap21 ter (article 23 of the Uniform Code of Military Jus22 tice), but no lower than the first colonel, or in the case 

23 of the Navy, the first captain, with a legal advisor (or 

24 access to a legal advisor) in the chain of command of 

25 the person accused of committing the offense. 

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1 (2) COVERED OFFENSES.—Paragraph (1) ap2 plies with respect to a charge that alleges any of the 

3 following offenses under chapter 47 of title 10, United 

4 States Code (the Uniform Code of Military Justice): 

5 (A) Rape or sexual assault under subsection 

6 (a) or (b) of section 920 of such chapter (article 

7 120). 

8 (B) Forcible sodomy under section 925 of 

9 such chapter (article 125). 

10 (C) An attempt to commit an offense speci11 fied in paragraph (1) or (2), as punishable 

12 under section 880 of such chapter (article 80). 

13 (b) IMPLEMENTATION.— 

14 (1) SERVICE SECRETARIES.—The Secretaries of 

15 the military departments shall revise policies and 

16 procedures as necessary to comply with subsection (a). 

17 (2) SECRETARY OF DEFENSE.—Not later than 

18 180 days after the date of the enactment of this Act, 

19 the Secretary of Defense shall recommend such 

20 changes to the Manual for Courts-Martial as are nec21 essary to ensure compliance with subsection (a). 

22 (c) RECOMMENDATION OF ADDITIONAL CHANGES TO

23 MANUAL FOR COURTS-MARTIAL OR UCMJ POLICY.—Not 

24 later than 180 days after the date of the enactment of this 

25 Act, the Secretary of Defense shall make recommendations 

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1 for additional changes to the Manual for Courts-Martial or 

2 to Department of Defense policies that would— 

3 (1) ensure the consideration of the material facts 

4 regarding an alleged offense specified in subsection 

5 (a)(2) or other sexual offense under sections 920 

6 through 920c of title 10, United States Code (articles 

7 120 through 120c of the Uniform Code of Military 

8 Justice) is given precedence over the consideration of 

9 the character of the military service of the person ac10 cused of the sexual offense; and 

11 (2) require all commanders who receive a report 

12 or complaint alleging an offense specified in sub13 section (a)(2) to refer the report or complaint to the 

14 Defense Criminal Investigative Service, Army Crimi15 nal Investigative Command, Naval Criminal Inves16 tigative Service, or Air Force Office of Special Inves17 tigations, as the case may be. 

18 SEC. 533. INDEPENDENT REVIEW AND ASSESSMENT OF UNI19 FORM CODE OF MILITARY JUSTICE AND JUDI20 CIAL PROCEEDINGS OF SEXUAL ASSAULT 

21 CASES. 

22 (a) INDEPENDENT REVIEW AND ASSESSMENT.—The 

23 Secretary of Defense shall establish an independent panel 

24 to conduct an independent review and assessment of judi25 cial proceedings under the Uniform Code of Military Jusmstockstill on DSK4VPTVN1PROD with BILLS

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1 tice involving sexual assault and related offenses for the 

2 purpose of developing potential improvements to such pro3 ceedings. 

4 (b) INDEPENDENT PANEL FOR REVIEW.— 

5 (1) COMPOSITION.—The panel shall be composed 

6 of five members, appointed by the Secretary of De7 fense from among private United States citizens who 

8 have expertise in military law, civilian law, prosecu9 tion of sexual assaults in Federal criminal court, 

10 military justice policies, the missions of the Armed 

11 Forces, or offenses relating to rape, sexual assault, 

12 and other sexual misconduct under the Uniform Code 

13 of Military Justice.. 

14 (2) CHAIR.—The chair of the panel shall be ap15 pointed by the Secretary from among the members of 

16 the panel appointed under paragraph (1). 

17 (3) PERIOD OF APPOINTMENT; VACANCIES.— 

18 Members shall be appointed for the life of the panel. 

19 Any vacancy in the panel shall be filled in the same 

20 manner as the original appointment. 

21 (4) DEADLINE FOR APPOINTMENTS.—All original 

22 appointments to the panel shall be made not later 

23 than 120 days after the date of the enactment of this 

24 Act. 

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1 (5) MEETINGS.—The panel shall meet at the call 

2 of the chair. 

3 (6) FIRST MEETING.—The chair shall call the 

4 first meeting of the panel not later than 60 days after 

5 the date of the appointment of all the members of the 

6 panel. 

7 (7) DURATION.—The panel shall expire on Sep8 tember 30, 2017. 

9 (c) DUTIES.— 

10 (1) ANNUAL REPORT ON IMPLEMENTATION OF

11 UCMJ AMENDMENTS.—The panel shall prepare annual 

12 reports regarding the implementation of the reforms 

13 to the offenses relating to rape, sexual assault, and 

14 other sexual misconduct under the Uniform Code of 

15 Military Justice enacted by section 541 of the Na16 tional Defense Authorization Act for Fiscal Year 2012 

17 (Public Law 112–81; 125 Stat. 1404). 

18 (2) REVIEW AND CONSULTATION.—In preparing 

19 the reports, the panel shall review, evaluate, and as20 sess the following: 

21 (A) The advisory sentencing guidelines 

22 given by judges in Federal courts and how those 

23 guidelines compare to advisory sentencing guid24 ance provided to panels rendering punishments 

25 in court-martial proceedings, including whether 

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1 it would be more beneficial for advisory sen2 tencing guidelines to be provided to panels or for 

3 discretion to be given to judges regarding wheth4 er to issue advisory sentencing guidelines. 

5 (B) The punishments or administrative ac6 tions taken in response to sexual assault court7 martial proceedings, including the number of 

8 punishments or administrative actions taken as 

9 rendered by a panel and the number of punish10 ments or administrative actions rendered by a 

11 judge and the consistency and proportionality of 

12 the decisions, punishments, and administrative 

13 actions to the facts of each case compared with 

14 Federal and State criminal courts. 

15 (C) The court-martial convictions of sexual 

16 assaults in the year covered by the report and 

17 the number and description of instances when 

18 punishments were reduced upon appeal and the 

19 instances in which the defendant appealed fol20 lowing a plea agreement, if such information is 

21 available. 

22 (D) The number of instances in which the 

23 previous sexual conduct of the alleged victim was 

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1 stances where previous sexual conduct was 

2 deemed to be inadmissible. 

3 (E) The number of instances in which evi4 dence of the previous sexual conduct of the al5 leged victim was introduced by the defense in a 

6 court-martial what impact that evidence had on 

7 the case. 

8 (F) The training level of defense and pros9 ecution trial counsel, including an inventory of 

10 the experience of JAG lead trial counsel in each 

11 instance and any existing standards or require12 ments for lead counsel, including their experience 

13 in defending or prosecuting sexual assault and 

14 related offenses. 

15 (G) Such other matters and materials as the 

16 panel considers appropriate for purposes of the 

17 reports. 

18 (3) UTILIZATION OF OTHER STUDIES.—In pre19 paring the reports, the panel may review, and incor20 porate as appropriate, the findings of applicable on21 going and completed studies 

22 (4) FIRST REPORT.—Not later than 180 days 

23 after its first meeting, the panel shall submit to the 

24 Secretary of Defense and the Committees on Armed 

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1 tives its first report under this subsection. The panel 

2 shall include proposals for such legislative or admin3 istrative action as the panel considers appropriate in 

4 light of its review. 

5 (d) POWERS OF PANEL.— 

6 (1) HEARINGS.—The panel may hold such hear7 ings, sit and act at such times and places, take such 

8 testimony, and receive such evidence as the panel con9 siders appropriate to carry out its duties under this 

10 section. 

11 (2) INFORMATION FROM FEDERAL AGENCIES.— 

12 Upon request by the chair of the panel, any depart13 ment or agency of the Federal Government may pro14 vide information that the panel considers necessary to 

15 carry out its duties under this section. 

16 (e) PERSONNEL MATTERS.— 

17 (1) PAY OF MEMBERS.—Members of the panel 

18 shall serve without pay by reason of their work on the 

19 panel. 

20 (2) TRAVEL EXPENSES.—The members of the 

21 panel shall be allowed travel expenses, including per 

22 diem in lieu of subsistence, at rates authorized for 

23 employees of agencies under subchapter I of chapter 

24 57 of title 5, United States Code, while away from 

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1 their homes or regular places of business in the per2 formance or services for the panel. 

3 SEC. 534. COLLECTION AND RETENTION OF RECORDS ON 

4 DISPOSITION OF REPORTS OF SEXUAL AS5 SAULT. 

6 (a) COLLECTION.—The Secretary of Defense shall re7 quire that the Secretary of each military department estab8 lish a record on the disposition of any report of sexual as9 sault, whether such disposition is court martial, nonjudicial 

10 punishment, or other administrative action. The record of 

11 any such disposition shall include the following, as appro12 priate: 

13 (1) Documentary information collected about the 

14 incident reported, other than investigator case notes. 

15 (2) Punishment imposed, including the sen16 tencing by judicial or non-judicial means including 

17 incarceration, fines, restriction, and extra duty as a 

18 result of military court-martial, Federal and local 

19 court and other sentencing, or any other punishment 

20 imposed. 

21 (3) Administrative actions taken, if any. 

22 (4) Any pertinent referrals offered as a result of 

23 the incident (such as drug and alcohol counseling and 

24 other types of counseling or intervention). 

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1 (b) RETENTION.—The Secretary of Defense shall re2 quire that— 

3 (1) the records established pursuant to subsection 

4 (a) be retained by the Department of Defense for a pe5 riod of not less than 20 years; and 

6 (2) a copy of such records be maintained at a 

7 centralized location for the same period as applies to 

8 retention of the records under paragraph (1). 

9 SEC. 535. BRIEFING, PLAN, AND RECOMMENDATIONS RE10 GARDING EFFORTS TO PREVENT AND RE11 SPOND TO HAZING INCIDENTS INVOLVING 

12 MEMBERS OF THE ARMED FORCES. 

13 (a) BRIEFING AND PLAN REQUIRED.—Not later than 

14 May 1, 2013, the Secretary of Defense shall provide to the 

15 Committees on Armed Services of the Senate and House of 

16 Representatives a briefing and plan that outlines efforts by 

17 the Department of Defense— 

18 (1) to prevent the hazing of members of the 

19 Armed Forces by other members of the Armed Forces; 

20 and 

21 (2) to respond to and resolve alleged hazing inci22 dents involving members of the Armed Forces, includ23 ing the prosecution of offenders through the use of pu24 nitive articles under subchapter X of chapter 47 of 

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1 title 10, United States Code (the Uniform Code of 

2 Military Justice). 

3 (b) DATABASE.—The plan required by subsection (a) 

4 shall include the establishment of a database for the purpose 

5 of improving the ability of the Department of Defense— 

6 (1) to determine the extent to which hazing inci7 dents involving members of the Armed Forces are oc8 curring and the nature of such hazing incidents; and 

9 (2) to track, respond to, and resolve hazing inci10 dents involving members of the Armed Forces. 

11 (c) RECOMMENDATIONS.—As part of the briefing re12 quired by subsection (a), the Secretary of Defense shall sub13 mit such recommendations for changes to the Uniform Code 

14 of Military Justice and the Manual for Courts-Martial as 

15 the Secretary of Defense considers necessary to improve the 

16 prosecution of hazing incidents. 

17 (d) CONSULTATION.—The Secretary of Defense shall 

18 prepare the plan, database, and recommendations required 

19 by this section in consultation with the Secretaries of the 

20 military departments. 

21 (e) HAZING DESCRIBED.—For purposes of carrying 

22 out this section, the Secretary of Defense shall use the defini23 tion of hazing contained in the August 28, 1997, Secretary 

24 of Defense Policy Memorandum, which defined hazing as 

25 any conduct whereby a member of the Armed Forces, remstockstill on DSK4VPTVN1PROD with BILLS

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1 gardless of branch or rank, without proper authority causes 

2 another member to suffer, or be exposed to, any activity 

3 which is cruel, abusive, humiliating, oppressive, demeaning, 

4 or harmful. Soliciting or coercing another person to per5 petrate any such activity is also considered hazing. Hazing 

6 need not involve physical contact among or between mem7 bers of the Armed Forces. Hazing can be verbal or psycho8 logical in nature. Actual or implied consent to acts of haz9 ing does not eliminate the culpability of the perpetrator. 

10 SEC. 536. PROTECTION OF RIGHTS OF CONSCIENCE OF 

11 MEMBERS OF THE ARMED FORCES AND CHAP12 LAINS OF SUCH MEMBERS. 

13 (a) PROTECTION.—Chapter 53 of title 10, United 

14 States Code, is amended by inserting after section 1034 the 

15 following new section: 

16 ‘‘§ 1034a. Protection of rights of conscience of mem17 bers of the Armed Forces and chaplains of 

18 such members 

19 ‘‘(a) PROTECTION OF RIGHTS OF CONSCIENCE.—The 

20 Armed Forces shall accommodate the conscience and sin21 cerely held moral principles and religious beliefs of the 

22 members of the Armed Forces concerning the appropriate 

23 and inappropriate expression of human sexuality and may 

24 not use such conscience, principles, or beliefs as the basis 

25 of any adverse personnel action, discrimination, or denial 

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1 of promotion, schooling, training, or assignment. Nothing 

2 in this subsection precludes disciplinary action for conduct 

3 that is proscribed by chapter 47 of this title (the Uniform 

4 Code of Military Justice). 

5 ‘‘(b) PROTECTION OF CHAPLAINS.—(1) For purposes 

6 of this title, a military chaplain is— 

7 ‘‘(A) a certified religious leader or clergy of a 

8 faith community who, after satisfying the professional 

9 and educational requirements of the commissioning 

10 service, is commissioned as an officer in the Chap11 lains Corps of one of the branches of the Armed 

12 Forces; and 

13 ‘‘(B) a representative of the faith group of the 

14 chaplain, who remains accountable to the endorsing 

15 faith group for the religious ministry involved to 

16 members of the Armed Forces, to— 

17 ‘‘(i) provide for the religious and spiritual needs 

18 of members of the Armed Forces of that faith group; 

19 and 

20 ‘‘(ii) facilitate the religious needs of members of 

21 the Armed Forces of other faith groups. 

22 ‘‘(2) No member of the Armed Forces may— 

23 ‘‘(A) direct, order, or require a chaplain to per24 form any duty, rite, ritual, ceremony, service, or 

25 function that is contrary to the conscience, moral 

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1 principles, or religious beliefs of the chaplain, or con2 trary to the moral principles and religious beliefs of 

3 the endorsing faith group of the chaplain; or 

4 ‘‘(B) discriminate or take any adverse personnel 

5 action against a chaplain, including denial of pro6 motion, schooling, training, or assignment, on the 

7 basis of the refusal by the chaplain to comply with a 

8 direction, order, or requirement prohibited by sub9 paragraph (A). 

10 ‘‘(c) REGULATIONS.—The Secretary of Defense shall 

11 issue regulations implementing the protections afforded by 

12 this section.’’. 

13 (b) CLERICAL AMENDMENT.—The table of sections at 

14 the beginning of chapter 53 of title 10, United States Code, 

15 is amended by inserting after the item relating to section 

16 1034 the following new item: 

1034a. Protection of rights of conscience of members of the Armed Forces and 

chaplains of such members. 

17 SEC. 537. USE OF MILITARY INSTALLATIONS AS SITES FOR 

18 MARRIAGE CEREMONIES OR MARRIAGE-LIKE 

19 CEREMONIES. 

20 A military installation or other property owned or 

21 rented by, or otherwise under the jurisdiction or control of, 

22 the Department of Defense may not be used to officiate, sol23 emnize, or perform a marriage or marriage-like ceremony 

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1 involving anything other than the union of one man with 

2 one woman. 

3 Subtitle E—Member Education and 

4 Training Opportunities and Ad5 ministration 

6 SEC. 541. TRANSFER OF TROOPS-TO-TEACHERS PROGRAM 

7 FROM DEPARTMENT OF EDUCATION TO DE8 PARTMENT OF DEFENSE AND ENHANCE9 MENTS TO THE PROGRAM. 

10 (a) TRANSFER OF FUNCTIONS.— 

11 (1) TRANSFER.—The responsibility and author12 ity for operation and administration of the Troops13 to-Teachers Program in chapter A of subpart 1 of 

14 part C of title II of the Elementary and Secondary 

15 Education Act of 1965 (20 U.S.C. 6671 et seq.) is 

16 transferred from the Secretary of Education to the 

17 Secretary of Defense. 

18 (2) EFFECTIVE DATE.—The transfer under para19 graph (1) shall take effect on the first day of the first 

20 month beginning more than 90 days after the date of 

21 the enactment of this Act, or on such earlier date as 

22 the Secretary of Education and the Secretary of De23 fense may jointly provide. 

24 (b) ENACTMENT OF PROGRAM AUTHORITY IN TITLE

25 10, UNITED STATES CODE.— 

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1 (1) IN GENERAL.—Chapter 58 of title 10, United 

2 States Code, is amended by adding at the end the fol3 lowing new section: 

4 ‘‘§ 1154. Assistance to eligible members and former 

5 members to obtain employment as teach6 ers: troops-to-teachers program 

7 ‘‘(a) DEFINITIONS.—In this section: 

8 ‘‘(1) CHARTER SCHOOL.—The term ‘charter 

9 school’ has the meaning given that term in section 

10 5210(1) of the Elementary and Secondary Education 

11 Act of 1965 (20 U.S.C. 7221i(1)). 

12 ‘‘(2) ELIGIBLE SCHOOL.—The term ‘eligible 

13 school’ means— 

14 ‘‘(A) a public school, including a charter 

15 school, at which— 

16 ‘‘(i) at least 30 percent of the students 

17 enrolled in the school are from families with 

18 incomes below 185 percent of poverty level 

19 (as defined by the Office of Management 

20 and Budget and revised at least annually 

21 in accordance with section 9(b)(1) of the 

22 Richard B. Russell National School Lunch 

23 Act (42 U.S.C. 1758(b)(1)) applicable to a 

24 family of the size involved; or 

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1 ‘‘(ii) at least 13 percent of the students 

2 enrolled in the school qualify for assistance 

3 under part B of the Individuals with Dis4 abilities Education Act; or 

5 ‘‘(B) a Bureau-funded school as defined in 

6 section 1141(3) of the Education Amendments of 

7 1978 (25 U.S.C. 2021(3)). 

8 ‘‘(3) HIGH-NEED SCHOOL.—The term ‘high-need 

9 school’ means— 

10 ‘‘(A) an elementary or middle school in 

11 which at least 50 percent of the enrolled students 

12 are children from low-income families, based on 

13 the number of children eligible to for free and re14 duced priced lunches under the Richard B. Rus15 sell National School Lunch Act (42 U.S.C. 1751 

16 et seq.), the number of children in families re17 ceiving assistance under the State program fund18 ed under part A of title IV of the Social Security 

19 Act (42 U.S.C. 601 et seq.), the number of chil20 dren eligible to receive medical assistance under 

21 the Medicaid program, or a composite of these 

22 indicators; 

23 ‘‘(B) a high school in which at least 40 per24 cent of enrolled students are children from lowmstockstill on DSK4VPTVN1PROD with BILLS

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1 income families, which may be calculated using 

2 comparable data from feeder schools; or 

3 ‘‘(C) a school that is in a local educational 

4 agency that is eligible under section 6211(b) of 

5 the Elementary and Secondary Education Act of 

6 1965 (20 U.S.C. 7345(b)). 

7 ‘‘(4) MEMBER OF THE ARMED FORCES.—The 

8 term ‘member of the armed forces’ includes a retired 

9 or former member of the armed forces. 

10 ‘‘(5) PARTICIPANT.—The term ‘participant’ 

11 means an eligible member of the armed forces selected 

12 to participate in the Program. 

13 ‘‘(6) PROGRAM.—The term ‘Program’ means the 

14 Troops-to-Teachers Program authorized by this sec15 tion. 

16 ‘‘(7) SECRETARY.—The term ‘Secretary’ means 

17 the Secretary of Defense. 

18 ‘‘(8) ADDITIONAL TERMS.—The terms ‘elemen19 tary school’, ‘local educational agency’, ‘secondary 

20 school’, and ‘State’ have the meanings given those 

21 terms in section 9101 of the Elementary and Sec22 ondary Education Act of 1965 (20 U.S.C. 7801). 

23 ‘‘(b) PROGRAM AUTHORIZATION.—The Secretary of 

24 Defense may carry out a Troops-to-Teachers Program— 

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1 ‘‘(1) to assist eligible members of the armed 

2 forces described in subsection (d) to obtain certifi3 cation or licensing as elementary school teachers, sec4 ondary school teachers, or career or technical teachers; 

5 and 

6 ‘‘(2) to facilitate the employment of such mem7 bers— 

8 ‘‘(A) by local educational agencies or char9 ter schools that the Secretary of Education iden10 tifies as— 

11 ‘‘(i) receiving grants under part A of 

12 title I of the Elementary and Secondary 

13 Education Act of 1965 (20 U.S.C. 6301 et. 

14 seq.) as a result of having within their ju15 risdictions concentrations of children from 

16 low-income families; or 

17 ‘‘(ii) experiencing a shortage of teach18 ers, in particular a shortage of science, 

19 mathematics, special education, foreign lan20 guage, or career or technical teachers; and 

21 ‘‘(B) in elementary schools or secondary 

22 schools, or as career or technical teachers. 

23 ‘‘(c) COUNSELING AND REFERRAL SERVICES.—The 

24 Secretary may provide counseling and referral services to 

25 members of the armed forces who do not meet the eligibility 

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1 criteria described in subsection (d), including the education 

2 qualification requirements under paragraph (3)(B) of such 

3 subsection. 

4 ‘‘(d) ELIGIBILITY AND APPLICATION PROCESS.— 

5 ‘‘(1) ELIGIBLE MEMBERS.—The following mem6 bers of the armed forces are eligible for selection to 

7 participate in the Program: 

8 ‘‘(A) Any member who— 

9 ‘‘(i) on or after October 1, 1999, be10 comes entitled to retired or retainer pay 

11 under this title or title 14; 

12 ‘‘(ii) has an approved date of retire13 ment that is within one year after the date 

14 on which the member submits an applica15 tion to participate in the Program; or 

16 ‘‘(iii) has been transferred to the Re17 tired Reserve. 

18 ‘‘(B) Any member who, on or after January 

19 8, 2002— 

20 ‘‘(i)(I) is separated or released from 

21 active duty after four or more years of con22 tinuous active duty immediately before the 

23 separation or release; or 

24 ‘‘(II) has completed a total of at least 

25 six years of active duty service, six years of 

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1 service computed under section 12732 of 

2 this title, or six years of any combination 

3 of such service; and 

4 ‘‘(ii) executes a reserve commitment 

5 agreement for a period of not less than three 

6 years under paragraph (5)(B). 

7 ‘‘(C) Any member who, on or after January 

8 8, 2002, is retired or separated for physical dis9 ability under chapter 61 of this title. 

10 ‘‘(2) SUBMISSION OF APPLICATIONS.—(A) Selec11 tion of eligible members of the armed forces to partici12 pate in the Program shall be made on the basis of ap13 plications submitted to the Secretary within the time 

14 periods specified in subparagraph (B). An applica15 tion shall be in such form and contain such informa16 tion as the Secretary may require. 

17 ‘‘(B) In the case of an eligible member of the 

18 armed forces described in subparagraph (A)(i), (B), 

19 or (C) of paragraph (1), an application shall be con20 sidered to be submitted on a timely basis under if the 

21 application is submitted not later than three years 

22 after the date on which the member is retired, sepa23 rated, or released from active duty, whichever applies 

24 to the member. 

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1 ‘‘(3) SELECTION CRITERIA; EDUCATIONAL BACK2 GROUND REQUIREMENTS; HONORABLE SERVICE RE3 QUIREMENT.—(A) The Secretary shall prescribe the 

4 criteria to be used to select eligible members of the 

5 armed forces to participate in the Program. 

6 ‘‘(B) If a member of the armed forces is applying 

7 for the Program to receive assistance for placement as 

8 an elementary school or secondary school teacher, the 

9 Secretary shall require the member to have received a 

10 baccalaureate or advanced degree from an accredited 

11 institution of higher education. 

12 ‘‘(C) If a member of the armed forces is applying 

13 for the Program to receive assistance for placement as 

14 a career or technical teacher, the Secretary shall re15 quire the member— 

16 ‘‘(i) to have received the equivalent of one 

17 year of college from an accredited institution of 

18 higher education or the equivalent in military 

19 education and training as certified by the De20 partment of Defense; or 

21 ‘‘(ii) to otherwise meet the certification or 

22 licensing requirements for a career or technical 

23 teacher in the State in which the member seeks 

24 assistance for placement under the Program. 

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1 ‘‘(D) A member of the armed forces is eligible to 

2 participate in the Program only if the member’s last 

3 period of service in the armed forces was honorable, 

4 as characterized by the Secretary concerned. A mem5 ber selected to participate in the Program before the 

6 retirement of the member or the separation or release 

7 of the member from active duty may continue to par8 ticipate in the Program after the retirement, separa9 tion, or release only if the member’s last period of 

10 service is characterized as honorable by the Secretary 

11 concerned. 

12 ‘‘(4) SELECTION PRIORITIES.—In selecting eligi13 ble members of the armed forces to receive assistance 

14 under the Program, the Secretary— 

15 ‘‘(A) shall give priority to members who— 

16 ‘‘(i) have educational or military expe17 rience in science, mathematics, special edu18 cation, foreign language, or career or tech19 nical subjects; and 

20 ‘‘(ii) agree to seek employment as 

21 science, mathematics, foreign language, or 

22 special education teachers in elementary 

23 schools or secondary schools or in other 

24 schools under the jurisdiction of a local edu25 cational agency; and 

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1 ‘‘(B) may give priority to members who 

2 agree to seek employment in a high-need school. 

3 ‘‘(5) OTHER CONDITIONS ON SELECTION.—(A) 

4 Subject to subsection (i), the Secretary may not select 

5 an eligible member of the armed forces to participate 

6 in the Program and receive financial assistance un7 less the Secretary has sufficient appropriations for the 

8 Program available at the time of the selection to sat9 isfy the obligations to be incurred by the United 

10 States under subsection (e) with respect to the mem11 ber. 

12 ‘‘(B) The Secretary may not select an eligible 

13 member of the armed forces described in paragraph 

14 (1)(B)(i) to participate in the Program and receive 

15 financial assistance under subsection (e) unless the 

16 member executes a written agreement to serve as a 

17 member of the Selected Reserve of a reserve component 

18 of the armed forces for a period of not less than three 

19 years. 

20 ‘‘(e) PARTICIPATION AGREEMENT AND FINANCIAL AS21 SISTANCE.— 

22 ‘‘(1) PARTICIPATION AGREEMENT.—(A) An eligi23 ble member of the armed forces selected to participate 

24 in the Program under subsection (b) and to receive fi25 nancial assistance under this subsection shall be remstockstill on DSK4VPTVN1PROD with BILLS

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1 quired to enter into an agreement with the Secretary 

2 in which the member agrees— 

3 ‘‘(i) within such time as the Secretary may 

4 require, to obtain certification or licensing as an 

5 elementary school teacher, secondary school 

6 teacher, or career or technical teacher; and 

7 ‘‘(ii) to accept an offer of full-time employ8 ment as an elementary school teacher, secondary 

9 school teacher, or career or technical teacher for 

10 not less than three school years in an eligible 

11 school to begin the school year after obtaining 

12 that certification or licensing. 

13 ‘‘(B) The Secretary may waive the three-year 

14 commitment described in subparagraph (A)(ii) for a 

15 participant if the Secretary determines such waiver to 

16 be appropriate. If the Secretary provides the waiver, 

17 the participant shall not be considered to be in viola18 tion of the agreement and shall not be required to 

19 provide reimbursement under subsection (f), for fail20 ure to meet the three-year commitment. 

21 ‘‘(2) VIOLATION OF PARTICIPATION AGREEMENT; 

22 EXCEPTIONS.—A participant shall not be considered 

23 to be in violation of the participation agreement en24 tered into under paragraph (1) during any period in 

25 which the participant— 

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1 ‘‘(A) is pursuing a full-time course of study 

2 related to the field of teaching at an institution 

3 of higher education; 

4 ‘‘(B) is serving on active duty as a member 

5 of the armed forces; 

6 ‘‘(C) is temporarily totally disabled for a 

7 period of time not to exceed three years as estab8 lished by sworn affidavit of a qualified physi9 cian; 

10 ‘‘(D) is unable to secure employment for a 

11 period not to exceed 12 months by reason of the 

12 care required by a spouse who is disabled; 

13 ‘‘(E) is unable to find full-time employment 

14 as a teacher in an elementary school or sec15 ondary school or as a career or technical teacher 

16 for a single period not to exceed 27 months; or 

17 ‘‘(F) satisfies the provisions of additional 

18 reimbursement exceptions that may be prescribed 

19 by the Secretary. 

20 ‘‘(3) STIPEND AND BONUS FOR PARTICIPANTS.— 

21 (A) Subject to subparagraph (C), the Secretary may 

22 pay to a participant a stipend to cover expenses in23 curred by the participant to obtain the required edu24 cational level, certification or licensing. Such stipend 

25 may not exceed $5,000 and may vary by participant. 

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1 ‘‘(B)(i) Subject to subparagraph (C), the Sec2 retary may pay a bonus to a participant who agrees 

3 in the participation agreement under paragraph (1) 

4 to accept full-time employment as an elementary 

5 school teacher, secondary school teacher, or career or 

6 technical teacher for not less than three school years 

7 in an eligible school. 

8 ‘‘(ii) The amount of the bonus may not exceed 

9 $5,000, unless the eligible school is a high-need school, 

10 in which case the amount of the bonus may not exceed 

11 $10,000. Within such limits, the bonus may vary by 

12 participant and may take into account the priority 

13 placements as determined by the Secretary. 

14 ‘‘(C)(i) The total number of stipends that may be 

15 paid under subparagraph (A) in any fiscal year may 

16 not exceed 5,000. 

17 ‘‘(ii) The total number of bonuses that may be 

18 paid under subparagraph (B) in any fiscal year may 

19 not exceed 3,000. 

20 ‘‘(iii) A participant may not receive a stipend 

21 under subparagraph (A) if the participant is eligible 

22 for benefits under chapter 33 of title 38. 

23 ‘‘(iv) The combination of a stipend under sub24 paragraph (A) and a bonus under subparagraph (B) 

25 for any one participant may not exceed $10,000. 

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1 ‘‘(4) TREATMENT OF STIPEND AND BONUS.—A 

2 stipend or bonus paid under this subsection to a par3 ticipant shall be taken into account in determining 

4 the eligibility of the participant for Federal student 

5 financial assistance provided under title IV of the 

6 Higher Education Act of 1965 (20 U.S.C. 1070 et 

7 seq.). 

8 ‘‘(f) REIMBURSEMENT UNDER CERTAIN CIR9 CUMSTANCES.— 

10 ‘‘(1) REIMBURSEMENT REQUIRED.—A partici11 pant who is paid a stipend or bonus under this sub12 section shall be subject to the repayment provisions of 

13 section 373 of title 37 under the following cir14 cumstances: 

15 ‘‘(A) The participant fails to obtain teacher 

16 certification or licensing or to obtain employ17 ment as an elementary school teacher, secondary 

18 school teacher, or career or technical teacher as 

19 required by the participation agreement under 

20 subsection (e)(1). 

21 ‘‘(B) The participant voluntarily leaves, or 

22 is terminated for cause from, employment as an 

23 elementary school teacher, secondary school 

24 teacher, or career or technical teacher during the 

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1 three years of required service in violation of the 

2 participation agreement. 

3 ‘‘(C) The participant executed a written 

4 agreement with the Secretary concerned under 

5 subsection (d)(5)(B) to serve as a member of a 

6 reserve component of the armed forces for a pe7 riod of three years and fails to complete the re8 quired term of service. 

9 ‘‘(2) AMOUNT OF REIMBURSEMENT.—A partici10 pant required to reimburse the Secretary for a sti11 pend or bonus paid to the participant under sub12 section (e) shall pay an amount that bears the same 

13 ratio to the amount of the stipend or bonus as the 

14 unserved portion of required service bears to the three 

15 years of required service. 

16 ‘‘(3) INTEREST.—Any amount owed by a partic17 ipant under this subsection shall bear interest at the 

18 rate equal to the highest rate being paid by the 

19 United States on the day on which the reimbursement 

20 is determined to be due for securities having matu21 rities of 90 days or less and shall accrue from the day 

22 on which the participant is first notified of the 

23 amount due. 

24 ‘‘(4) EXCEPTIONS TO REIMBURSEMENT REQUIRE25 MENT.—A participant shall be excused from reimmstockstill on DSK4VPTVN1PROD with BILLS

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1 bursement under this subsection if the participant be2 comes permanently totally disabled as established by 

3 sworn affidavit of a qualified physician. The Sec4 retary may also waive the reimbursement in cases of 

5 extreme hardship to the participant, as determined by 

6 the Secretary. 

7 ‘‘(g) RELATIONSHIP TO EDUCATIONAL ASSISTANCE

8 UNDER MONTGOMERY GI BILL.—Except as provided in 

9 subsection (e)(3)(C)(iii), the receipt by a participant of a 

10 stipend or bonus under subsection (e) shall not reduce or 

11 otherwise affect the entitlement of the participant to any 

12 benefits under chapter 30 or 33 of title 38 or chapter 1606 

13 of this title. 

14 ‘‘(h) PARTICIPATION BY STATES.— 

15 ‘‘(1) DISCHARGE OF STATE ACTIVITIES THROUGH

16 CONSORTIA OF STATES.—The Secretary may permit 

17 States participating in the Program to carry out ac18 tivities authorized for such States under the Program 

19 through one or more consortia of such States. 

20 ‘‘(2) ASSISTANCE TO STATES.—(A) Subject to 

21 subparagraph (B), the Secretary may make grants to 

22 States participating in the Program, or to consortia 

23 of such States, in order to permit such States or con24 sortia of States to operate offices for purposes of re25 cruiting eligible members of the armed forces for parmstockstill on DSK4VPTVN1PROD with BILLS

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1 ticipation in the Program and facilitating the em2 ployment of participants as elementary school teach3 ers, secondary school teachers, and career or technical 

4 teachers. 

5 ‘‘(B) The total amount of grants made under 

6 subparagraph (A) in any fiscal year may not exceed 

7 $5,000,000. 

8 ‘‘(i) LIMITATION ON TOTAL FISCAL-YEAR OBLIGA9 TIONS.—The total amount obligated by the Secretary under 

10 the Program for any fiscal year may not exceed 

11 $15,000,000.’’. 

12 (2) CLERICAL AMENDMENT.—The table of sec13 tions at the beginning of such chapter is amended by 

14 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.’’. 

15 (c) CONFORMING AMENDMENT.—Subparagraph (C) of 

16 section 1142(b)(4) of such title is amended by striking ‘‘sec17 tion 2302’’ and all that follows through the end of the sub18 paragraph and inserting ‘‘under section 1154 of this title.’’. 

19 (d) TERMINATION OF DEPARTMENT OF EDUCATION

20 TROOPS-TO-TEACHERS PROGRAM.— 

21 (1) TERMINATION.—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 re24 pealed. 

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1 (2) CLERICAL AMENDMENT.—The table of con2 tents in section 2 of the Elementary and Secondary 

3 Education Act 1965 is amended by striking the items 

4 relating to chapter A of subpart 1 of part C of title 

5 II of such Act. 

6 (3) EXISTING AGREEMENTS.—The repeal of 

7 chapter A of subpart 1 of part C of title II of the Ele8 mentary and Secondary Education Act of 1965 (20 

9 U.S.C. 6671 et seq.) by paragraph (1) shall not af10 fect— 

11 (A) the validity or terms of any agreement 

12 entered into under such chapter, as in effect im13 mediately before such repeal, before the effective 

14 date of the transfer of the Troops-to-Teachers 

15 Program under subsection (a); or 

16 (B) the authority to pay assistance, make 

17 grants, or obtain reimbursement in connection 

18 with such an agreement as in effect before the ef19 fective date of the transfer of the Troops-to20 Teachers Program under subsection (a). 

21 SEC. 542. SUPPORT OF NAVAL ACADEMY ATHLETIC AND 

22 PHYSICAL FITNESS PROGRAMS. 

23 (a) AUTHORITY TO SUPPORT PROGRAMS.—Chapter 

24 603 of title 10, United States Code, is amended by adding 

25 at the end the following new section: 

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1 ‘‘§ 6981. Support of athletic and physical fitness pro2 grams 

3 ‘‘(a) AUTHORITY.—The Secretary of the Navy may 

4 enter into agreements, including cooperative agreements (as 

5 described in section 6305 of title 31), with the Naval Acad6 emy Athletic Association and its successors and assigns (in 

7 this section referred to as the ‘association’) to manage any 

8 aspect of the athletic and physical fitness programs of the 

9 Naval Academy. 

10 ‘‘(b) AUTHORITY TO PROVIDE SUPPORT TO ASSOCIA11 TION.—(1) The Secretary of the Navy may to transfer funds 

12 to the association to pay expenses incurred by the associa13 tion in managing the athletic and physical fitness programs 

14 of the Naval Academy. 

15 ‘‘(2) The Secretary may provide personal property and 

16 the services of members of the naval service and civilian 

17 personnel of the Department of the Navy to assist the asso18 ciation in managing the athletic and physical fitness pro19 grams of the Naval Academy. 

20 ‘‘(c) ACCEPTANCE OF GIFTS FROM THE ASSOCIA21 TION.—The Secretary of the Navy may accept from the as22 sociation funds, supplies, and services for the support of the 

23 athletic and physical fitness programs of the Naval Acad24 emy. 

25 ‘‘(d) RECEIPT AND RETENTION OF FUNDS FROM ASSO26 CIATION AND OTHER SOURCES.—(1) The Secretary of the 

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1 Navy may receive from the association funds generated by 

2 the athletic and physical fitness programs of the Naval 

3 Academy and any other activity of the association and to 

4 retain and use such funds to further the mission of the 

5 Naval Academy. Receipt and retention of such funds shall 

6 be subject to oversight by the Secretary. 

7 ‘‘(2) The Secretary may accept, use, and retain funds 

8 from the National Collegiate Athletic Association and to 

9 transfer all or part of those funds to the association for the 

10 support of the athletic and physical fitness programs of the 

11 Naval Academy. 

12 ‘‘(e) USER FEES.—The Secretary of the Navy may 

13 charge user fees to the association for the association’s use 

14 of Naval Academy facilities for the conduct of summer ath15 letic camps. Fees collected under this subsection may be re16 tained for use in support of the Naval Academy athletic 

17 program and shall remain available until expended. 

18 ‘‘(f) LICENSING, MARKETING, AND SPONSORSHIP

19 AGREEMENTS.—(1) The Secretary of the Navy may enter 

20 into an agreement with the association authorizing the as21 sociation to represent the Department of the Navy in con22 nection with licensing, marketing, and sponsorship agree23 ments relating to trademarks and service marks identifying 

24 the Naval Academy, to the extent authorized by the Chief 

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1 of Naval Research and in accordance with sections 2260 

2 and 5022 of this title. 

3 ‘‘(2) Notwithstanding section 2260(d)(2) of this title, 

4 any funds generated by the licensing, marketing, and spon5 sorship under a agreement entered into under paragraph 

6 (1) may be accepted, used, and retained by the Secretary, 

7 or transferred by the Secretary to the association, for— 

8 ‘‘(A) payment of the costs of securing trademark 

9 registrations and operating of licensing programs; or 

10 ‘‘(B) supporting the athletic and physical fitness 

11 programs of the Naval Academy. 

12 ‘‘(g) AUTHORIZED SERVICE ON BOARD OF DIREC13 TORS.—The Secretary may authorize members of the naval 

14 service and civilian personnel of the Department of the 

15 Navy to serve in accordance with sections 1033 and 1589 

16 of this title as members of the governing board of the asso17 ciation. 

18 ‘‘(h) CONDITIONS.—The authority provided in this sec19 tion with respect to the association is available only so long 

20 as the association continues— 

21 ‘‘(1) to qualify as a nonprofit organization 

22 under section 501(c)(3) of the Internal Revenue Code 

23 of 1986 

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1 ‘‘(2) to operate in accordance with this section, 

2 the laws of the State of Maryland, and the constitu3 tion and bylaws of the association; and 

4 ‘‘(3) to operate exclusively to support the athletic 

5 and physical fitness programs of the Naval Academy. 

6 ‘‘(i) CONGRESSIONAL NOTIFICATION.—Not later than 

7 60 days after the date on which the Secretary of the Navy 

8 enters into an agreement under the authority of this section, 

9 the Secretary shall provide a copy of the agreement to the 

10 congressional defense committees.’’. 

11 (b) CLERICAL AMENDMENT.—The table of sections at 

12 the beginning of such chapter is amended by adding at the 

13 end the following new item: 

‘‘6981. Support of athletic and physical fitness programs.’’. 

14 SEC. 543. DEPARTMENT OF DEFENSE INSPECTOR GENERAL 

15 REVIEW OF ACCESS TO MILITARY INSTALLA16 TIONS BY REPRESENTATIVES OF FOR-PROFIT 

17 EDUCATIONAL INSTITUTIONS. 

18 (a) REVIEW REQUIRED.—The Inspector General of the 

19 Department of Defense shall conduct a review to determine 

20 the extent of the access that representatives of for-profit edu21 cational institutions have to military installations and 

22 whether there are adequate safeguards in place to regulate 

23 such access. 

24 (b) ELEMENTS OF REVIEW.—The review shall deter25 mine at a minimum the following: 

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1 (1) The extent to which representatives of for2 profit educational institutions are accessing military 

3 installations for marketing and recruitment purposes. 

4 (2) Whether there uniform and robust enforce5 ment of DOD Directive 1344.07. 

6 (3) Whether additional Department rules, poli7 cies, or oversight mechanisms should be put in place 

8 to regulate such practices. 

9 (c) INSPECTOR GENERAL ACCESS.—The Secretary of 

10 Defense shall ensure that the Inspector General has access 

11 to all Department of Defense records and military installa12 tions for the purpose of conducting the review. 

13 Subtitle F—Decorations and 

14 Awards 

15 SEC. 551. ISSUANCE OF PRISONER-OF-WAR MEDAL. 

16 Section 1128(a)(4) of title 10, United States Code, is 

17 amended by striking ‘‘that are hostile to the United 

18 States,’’. 

19 SEC. 552. AWARD OF PURPLE HEART TO MEMBERS OF THE 

20 ARMED FORCES WHO WERE VICTIMS OF THE 

21 ATTACKS AT RECRUITING STATION IN LITTLE 

22 ROCK, ARKANSAS, AND AT FORT HOOD, 

23 TEXAS. 

24 (a) AWARD REQUIRED.—The Secretary of the military 

25 department concerned shall award the Purple Heart to the 

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1 members of the Armed Forces who were killed or wounded 

2 in the attacks that occurred at the recruiting station in Lit3 tle Rock, Arkansas, on June 1, 2009, and at Fort Hood, 

4 Texas, on November 5, 2009. 

5 (b) EXCEPTION.—Subsection (a) shall not apply to a 

6 member of the Armed Forces whose wound was the result 

7 of the willful misconduct of the member. 

8 Subtitle G—Defense Dependents’ 

9 Education and Military Family 

10 Readiness Matters 

11 SEC. 561. CONTINUATION OF AUTHORITY TO ASSIST LOCAL 

12 EDUCATIONAL AGENCIES THAT BENEFIT DE13 PENDENTS OF MEMBERS OF THE ARMED 

14 FORCES AND DEPARTMENT OF DEFENSE CI15 VILIAN EMPLOYEES. 

16 (a) ASSISTANCE TO SCHOOLS WITH SIGNIFICANT

17 NUMBERS OF MILITARY DEPENDENT STUDENTS.—Of the 

18 amount authorized to be appropriated for fiscal year 2013 

19 by section 301 and available for operation and maintenance 

20 for Defense-wide activities as specified in the funding table 

21 in section 4301, $25,000,000 shall be available only for the 

22 purpose of providing assistance to local educational agen23 cies under subsection (a) of section 572 of the National De24 fense Authorization Act for Fiscal Year 2006 (Public Law 

25 109–163; 20 U.S.C. 7703b). 

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1 (b) ASSISTANCE TO SCHOOLS WITH ENROLLMENT

2 CHANGES DUE TO BASE CLOSURES, FORCE STRUCTURE

3 CHANGES, OR FORCE RELOCATIONS.—Of the amount au4 thorized to be appropriated for fiscal year 2013 by section 

5 301 and available for operation and maintenance for De6 fense-wide activities as specified in the funding table in sec7 tion 4301, $5,000,000 shall be available only for the purpose 

8 of providing assistance to local educational agencies under 

9 subsection (b) of section 572 of the National Defense Author10 ization Act for Fiscal Year 2006 (Public Law 109–163; 20 

11 U.S.C. 7703b). 

12 (c) LOCAL EDUCATIONAL AGENCY DEFINED.—In this 

13 section, the term ‘‘local educational agency’’ has the mean14 ing given that term in section 8013(9) of the Elementary 

15 and Secondary Education Act of 1965 (20 U.S.C. 7713(9)). 

16 SEC. 562. TRANSITIONAL COMPENSATION FOR DEPENDENT 

17 CHILDREN WHO WERE CARRIED DURING 

18 PREGNANCY AT THE TIME OF DEPENDENT19 ABUSE OFFENSE COMMITTED BY AN INDI20 VIDUAL WHILE A MEMBER OF THE ARMED 

21 FORCES. 

22 (a) DEFINITION OF DEPENDENT CHILD.—Subsection 

23 (l) of section 1059 of title 10, United States Code, is amend24 ed in the matter preceding paragraph (1) by striking ‘‘at 

25 the time of the dependent-abuse offense resulting in the sepamstockstill on DSK4VPTVN1PROD with BILLS

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1 ration of the former member’’ and inserting ‘‘or eligible 

2 spouse or former spouse at the time of the dependent-abuse 

3 offense resulting in the separation of the former member or 

4 who was carried during pregnancy at the time of the de5 pendent-abuse offense resulting in the separation of the 

6 former member and was subsequently born alive to the eligi7 ble spouse or former spouse’’. 

8 (b) DETERMINATION OF PAYMENT AMOUNT.—Sub9 section (f) of such section is amended by adding at the end 

10 the following new paragraph: 

11 ‘‘(4) A payment to a child under this section shall not 

12 cover any period during which the child was in utero.’’. 

13 (c) PROSPECTIVE APPLICABILITY.—No benefits shall 

14 accrue by reason of the amendments made by this section 

15 for any month that begins before the date of the enactment 

16 of this Act. 

17 SEC. 563. MODIFICATION OF AUTHORITY TO ALLOW DE18 PARTMENT OF DEFENSE DOMESTIC DEPEND19 ENT ELEMENTARY AND SECONDARY 

20 SCHOOLS TO ENROLL CERTAIN STUDENTS. 

21 Section 2164 of title 10, United States Code, is amend22 ed by adding at the end the following new subsections: 

23 ‘‘(k) ENROLLMENT OF RELOCATED DEFENSE DEPEND24 ENTS’ EDUCATION SYSTEM STUDENTS.—(1) The Secretary 

25 of Defense may authorize the enrollment in a Department 

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1 of Defense education program provided by the Secretary 

2 pursuant to subsection (a) of a dependent of a member of 

3 the armed forces or a dependent of a Federal employee who 

4 is enrolled in the defense dependents’ education system es5 tablished under section 1402 of the Defense Dependents’ 

6 Education Act of 1978 (20 U.S.C. 921) if— 

7 ‘‘(A) the dependents departed the overseas loca8 tion as a result of a evacuation order; 

9 ‘‘(B) the designated safe haven of the dependent 

10 is located within reasonable commuting distance of a 

11 school operated by the Department of Defense edu12 cation program; and 

13 ‘‘(C) the school possesses the capacity and re14 sources necessary to enable the student to attend the 

15 school. 

16 ‘‘(2) A dependent described in paragraph (1) who is 

17 enrolled in a school operated by the Department of Defense 

18 education program pursuant to such paragraph may attend 

19 the school only through the end of the school year. 

20 ‘‘(l) ENROLLMENT IN VIRTUAL ELEMENTARY AND SEC21 ONDARY EDUCATION PROGRAM.—(1) Under regulations 

22 prescribed by the Secretary of Defense, the Secretary may 

23 authorize the enrollment in the virtual elementary and sec24 ondary education program established as a component of 

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1 the Department of Defense education program of a depend2 ent of a member of the armed forces on active duty who— 

3 ‘‘(A) is enrolled in an elementary or secondary 

4 school operated by a local educational agency or an5 other accredited educational program in the United 

6 States (other than a school operated by the Depart7 ment of Defense education program); and 

8 ‘‘(B) immediately before such enrollment, was 

9 enrolled in the defense dependents’ education system 

10 established under section 1402 of the Defense Depend11 ents’ Education Act of 1978 (20 U.S.C. 921). 

12 ‘‘(2) Enrollment of a dependent described in para13 graph (1) pursuant to such paragraph shall be on a tuition 

14 basis.’’. 

15 SEC. 564. PROTECTION OF CHILD CUSTODY ARRANGE16 MENTS FOR PARENTS WHO ARE MEMBERS OF 

17 THE ARMED FORCES. 

18 (a) CHILD CUSTODY PROTECTION.—Title II of the 

19 Servicemembers Civil Relief Act (50 U.S.C. App. 521 et 

20 seq.) is amended by adding at the end the following new 

21 section: 

22 ‘‘SEC. 208. CHILD CUSTODY PROTECTION. 

23 ‘‘(a) RESTRICTION ON TEMPORARY CUSTODY

24 ORDER.—If a court renders a temporary order for custodial 

25 responsibility for a child based solely on a deployment or 

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1 anticipated deployment of a parent who is a servicemember, 

2 then the court shall require that, upon the return of the serv3 icemember from deployment, the custody order that was in 

4 effect immediately preceding the temporary order shall be 

5 reinstated, unless the court finds that such a reinstatement 

6 is not in the best interest of the child, except that any such 

7 finding shall be subject to subsection (b). 

8 ‘‘(b) EXCLUSION OF MILITARY SERVICE FROM DETER9 MINATION OF CHILD’S BEST INTEREST.—If a motion or a 

10 petition is filed seeking a permanent order to modify the 

11 custody of the child of a servicemember, no court may con12 sider the absence of the servicemember by reason of deploy13 ment, or the possibility of deployment, in determining the 

14 best interest of the child. 

15 ‘‘(c) NO FEDERAL JURISDICTION OR RIGHT OF ACTION

16 OR REMOVAL.—Nothing in this section shall create a Fed17 eral right of action or otherwise give rise to Federal juris18 diction or create a right of removal. 

19 ‘‘(d) PREEMPTION.—In any case where State law ap20 plicable to a child custody proceeding involving a tem21 porary order as contemplated in this section provides a 

22 higher standard of protection to the rights of the parent who 

23 is a deploying servicemember than the rights provided 

24 under this section with respect to such temporary order, the 

25 appropriate court shall apply the higher State standard. 

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1 ‘‘(e) DEPLOYMENT DEFINED.—In this section, the term 

2 ‘deployment’ means the movement or mobilization of a serv3 icemember to a location for a period of longer than 60 days 

4 and not longer than 18 months pursuant to temporary or 

5 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 movement 

10 of family members to that location.’’. 

11 (b) CLERICAL AMENDMENT.—The table of contents in 

12 section 1(b) of such Act is amended by adding at the end 

13 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 DUE

24 TO ACTIVE DUTY.—While a servicemember who is the mort25 gagor under an existing mortgage does not reside in the 

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1 residence that secures the existing mortgage because of a re2 location described in subsection (c)(1)(B), if the service3 member inquires about or applies for a covered refinancing 

4 mortgage, the servicemember shall be considered, for all pur5 poses relating to the covered refinancing mortgage (includ6 ing such inquiry or application and eligibility for, and 

7 compliance with, any underwriting criteria and standards 

8 regarding such covered refinancing mortgage) to occupy the 

9 residence that secures the existing mortgage to be paid or 

10 prepaid by such covered refinancing mortgage as the prin11 cipal residence of the servicemember during the period of 

12 such relocation. 

13 ‘‘(b) LIMITATION.—Subsection (a) shall not apply with 

14 respect to a servicemember who inquires about or applies 

15 for a covered refinancing mortgage if, during the 5-year pe16 riod preceding the date of such inquiry or application, the 

17 servicemember entered into a covered refinancing mortgage 

18 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 association, 

24 that was the principal residence of a servicemember 

25 for a period that— 

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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 receiving 

5 military orders for a permanent change of sta6 tion or to deploy with a military unit, or as an 

7 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 mort13 gage 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 in 

21 section 1(b) of such Act is amended by inserting after the 

22 item relating to section 303 the following new item: 

‘‘303A. Treatment of relocation of servicemembers for active duty for purposes of 

mortgage refinancing.’’. 

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1 SEC. 566. SENSE OF CONGRESS REGARDING SUPPORT FOR 

2 YELLOW RIBBON DAY. 

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

4 (1) The hopes and prayers of the American peo5 ple for the safe return of members of the Armed Forces 

6 serving overseas are demonstrated through the proud 

7 display of yellow ribbons. 

8 (2) The designation of a ‘‘Yellow Ribbon Day’’ 

9 would serve as an additional reminder for all Ameri10 cans of the continued sacrifice of members of the 

11 Armed Forces. 

12 (3) Yellow Ribbon Day would also recognize the 

13 history and meaning of the Yellow Ribbon as the 

14 symbol of support for members of the Armed Forces 

15 and American civilians serving in combat or crisis 

16 situations overseas. 

17 (b) SENSE OF CONGRESS.—Congress supports the 

18 goals and ideals of Yellow Ribbon Day, observed on April 

19 9th each year, in honor of members of the Armed Forces 

20 and American civilians who are serving overseas in defense 

21 of the United States apart from their families and loved 

22 ones. 

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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 ABUSE, 

6 SERIOUS DOMESTIC VIOLENCE, OR SEXUAL 

7 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 com17 prised 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. 

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1 (c) TRAINING, SELECTION, AND CERTIFICATION

2 STANDARDS.—The Secretary of each military department 

3 shall prescribe standards for the training, selection, and cer4 tification of personnel for special victim teams established 

5 by that Secretary. 

6 (d) TIME FOR ESTABLISHMENT.— 

7 (1) DISCRETION REGARDING NUMBER OF TEAMS

8 NEEDED.—The Secretary of a military department 

9 shall determine the total number of special victim 

10 teams to be established, and prescribe regulations for 

11 their management and use, in order to provide effec12 tive, timely, and responsive world-wide support for 

13 the purposes described in subsection (a). Not later 

14 than 270 days after the date of the enactment of this 

15 Act, each Secretary shall submit to the Committees on 

16 Armed Services of the Senate and the House of Rep17 resentatives a plan and time line for the establish18 ment of the special victim teams that the Secretary 

19 has determined are needed. 

20 (2) INITIAL TEAM.—Not later than one year after 

21 the date of the enactment of this Act, the Secretary of 

22 each military department shall have available for use 

23 at least one special victim team. 

24 (e) EVALUATION OF EFFECTIVENESS.—Not later than 

25 180 days after the date of the enactment of this Act, the 

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1 Secretary of Defense shall prescribe the common criteria to 

2 be used by the Secretaries of the military departments to 

3 measure the effectiveness and impact of the special victim 

4 teams from the investigative, prosecutorial, and victim’s 

5 perspectives, and require the Secretaries of the military de6 partments to collect and report the data required by the 

7 Secretary of Defense. 

8 (f) SPECIAL VICTIM TEAM DEFINED.—In this section, 

9 the term ‘‘special victim team’’ means a distinct, recogniz10 able group of appropriately skilled professionals who work 

11 collaboratively to achieve the purposes described in sub12 section (a). This section does not require that a special vic13 tim team be created as separate military unit or have a 

14 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 Act 

19 for Fiscal Year 2012 (Public Law 112-81; 125 Stat. 1434) 

20 is amended by adding at the end the following new sub21 sections: 

22 ‘‘(d) COMMANDERS’ TRAINING.—The Secretary of De23 fense shall provide for the inclusion of a sexual assault pre24 vention and response training module in the training for 

25 new or prospective commanders at all levels of command. 

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1 The training shall be tailored to the responsibilities and 

2 leadership requirements of members of the Armed Forces as 

3 they are assigned to command positions. Such training 

4 shall include the following: 

5 ‘‘(1) Fostering a command climate that does not 

6 tolerate sexual assault. 

7 ‘‘(2) Fostering a command climate in which per8 sons assigned to the command are encouraged to in9 tervene 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.— 

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1 ‘‘(1) REQUIREMENT.—The Secretary of Defense 

2 shall require that the matters specified in paragraph 

3 (2) be carefully explained to each member of the 

4 Army, Navy, Air Force, and Marine Corps at the 

5 time of (or within fourteen duty days after)— 

6 ‘‘(A) the member’s initial entrance on active 

7 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 re13 spect to sexual assault. 

14 ‘‘(B) The resources available with respect to 

15 sexual assault reporting and prevention and the 

16 procedures to be followed by a member seeking to 

17 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 SEXUAL

23 ASSAULT PREVENTION AND RESPONSE RESOURCES.— 

24 (1) POSTING.—The Secretary of Defense shall re25 quire that there be prominently posted, in accordance 

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1 with paragraph (2), notice of the following informa2 tion relating to sexual assault prevention and re3 sponse, in a form designed to ensure visibility and 

4 understanding: 

5 (A) Resource information for members of 

6 the Armed Forces, military dependents, and ci7 vilian personnel of the Department of Defense 

8 with respect to prevention of sexual assault and 

9 reporting of incidents of sexual assault. 

10 (B) Contact information for personnel who 

11 are designated as Sexual Assault Response Coor12 dinators and Sexual Assault Victim Advocates. 

13 (C) The Department of Defense ‘‘hotline’’ 

14 telephone number, referred to as the Safe 

15 Helpline, for reporting incidents of sexual as16 sault, or any successor operation. 

17 (2) POSTING PLACEMENT.—Posting under sub18 section (a) shall be at the following locations, to the 

19 extent practicable: 

20 (A) Any Department of Defense duty facil21 ity. 

22 (B) Any Department of Defense dining fa23 cility. 

24 (C) Any Department of Defense multi-unit 

25 residential facility. 

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1 (D) Any Department of Defense health care 

2 facility. 

3 (E) Any Department of Defense commissary 

4 or exchange. 

5 (F) Any Department of Defense Community 

6 Service Agency. 

7 (b) NOTICE TO VICTIMS OF AVAILABLE ASSISTANCE.— 

8 The Secretary of Defense shall require that procedures in 

9 the Department of Defense for responding to a complaint 

10 or allegation of sexual assault submitted by or against a 

11 member of the Armed Forces include prompt notice to the 

12 person making the complaint or allegation of the forms of 

13 assistance available to that person from the Department of 

14 Defense and, to the extent known to the Secretary, through 

15 other departments and agencies, including State and local 

16 agencies, and other sources. 

17 SEC. 574. MODIFICATION OF ANNUAL DEPARTMENT OF DE18 FENSE REPORTING REQUIREMENTS REGARD19 ING SEXUAL ASSAULTS. 

20 (a) GREATER DETAIL IN CASE SYNOPSES PORTION OF

21 REPORT.—Section 1631 of the Ike Skelton National Defense 

22 Authorization Act for Fiscal Year 2011 (Public Law 111– 

23 383; 124 Stat. 4433; 10 U.S.C. 1561 note) is amended by 

24 adding at the end the following new subsection: 

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1 ‘‘(f) ADDITIONAL DETAILS FOR CASE SYNOPSES POR2 TION OF REPORT.—The Secretary of each military depart3 ment shall include in the case synopses portion of each re4 port described in subsection (b)(3) the following additional 

5 information: 

6 ‘‘(1) If an Article 32 Investigating Officer rec7 ommends dismissal of the charges against a member 

8 of the Armed Forces accused of committing a sexual 

9 assault, the case synopsis shall explicitly state the rea10 sons for that recommendation. 

11 ‘‘(2) If the case synopsis states that a member of 

12 the Armed Forces accused of committing a sexual as13 sault was administratively separated or, in the case 

14 of an officer, allowed to resign in lieu of facing a 

15 court martial, the case synopsis shall include the 

16 characterization (honorable, general, or other than 

17 honorable) given the service of the member upon sepa18 ration. 

19 ‘‘(3) The case synopsis shall indicate whether a 

20 member of the Armed Forces accused of committing a 

21 sexual assault was ever previously accused of a sub22 stantiated sexual assault. 

23 ‘‘(4) The case synopsis shall indicate the branch 

24 of the Armed Forces of each member accused of com25 mitting a sexual assault and the branch of the Armed 

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1 Forces of each member who is a victim of a sexual as2 sault. 

3 ‘‘(5) If the case disposition includes non-judicial 

4 punishment, the case synopsis shall explicitly state 

5 the nature of the punishment. 

6 ‘‘(6) If alcohol was involved in any way in a 

7 substantiated sexual assault incident, the case syn8 opsis shall specify whether the member of the Armed 

9 Forces accused of committing the sexual assault had 

10 previously been ordered to attend substance abuse 

11 counseling.’’. 

12 (b) APPLICATIONS FOR CERTAIN TRANSFERS BY SEX13 UAL ASSAULT VICTIMS.—Subsection (b) of such section is 

14 amended by adding at the end the following new paragraph: 

15 ‘‘(7) The number of applications submitted 

16 under section 673 of title 10, United States Code, 

17 during the year covered by the report for a permanent 

18 change of station or unit transfer for members of the 

19 Armed Forces on active duty who are the victim of 

20 a sexual assault or related offense, the number of ap21 plications denied, and, for each application denied, a 

22 description of the reasons why the application was de23 nied.’’. 

24 (c) APPLICATION OF AMENDMENTS.—The amendments 

25 made by this section shall apply beginning with the report 

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1 regarding sexual assaults involving members of the Armed 

2 Forces required to be submitted by March 1, 2013, under 

3 section 1631 of the Ike Skelton National Defense Authoriza4 tion Act for Fiscal Year 2011. 

5 SEC. 575. INCLUSION OF SEXUAL HARASSMENT INCIDENTS 

6 IN ANNUAL DEPARTMENT OF DEFENSE RE7 PORTS ON SEXUAL ASSAULTS. 

8 Effective with the report required to be submitted by 

9 March 1, 2013, under section 1631 of the Ike Skelton Na10 tional Defense Authorization Act for Fiscal Year 2011 (Pub11 lic Law 111–383; 124 Stat. 4433; 10 U.S.C. 1561 note), 

12 the Secretary of each military department shall include in 

13 each annual report required by that section information on 

14 sexual harassment involving members of the Armed Forces 

15 under the jurisdiction of that Secretary during the pre16 ceding year. For purposes of complying with this section, 

17 the Secretary of the military department concerned shall 

18 apply subsection (b) of such section 1631 by substituting 

19 the term ‘‘sexual harassment’’ for ‘‘sexual assault’’ each 

20 place it appears in paragraphs (1) through (4) of such sub21 section. 

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1 SEC. 576. CONTINUED SUBMISSION OF PROGRESS REPORTS 

2 REGARDING CERTAIN INCIDENT INFORMA3 TION MANAGEMENT TOOLS. 

4 (a) REPORTS REQUIRED.—Not later than August 28, 

5 2012, and every six months thereafter until the date deter6 mined under subsection (b), the Secretary of Defense shall 

7 submit to the Committees on Armed Services of the Senate 

8 and the House of Representatives a report describing the 

9 progress made during the previous six months to ensure that 

10 both of the following are fully functional and operational: 

11 (1) The Defense Incident-Based Reporting Sys12 tem. 

13 (2) The Defense Sexual Assault Incident Data14 base. 

15 (b) DURATION OF REPORTING REQUIREMENT.—The 

16 reporting requirement imposed by subsection (a) shall con17 tinue until the date on which the Secretary of Defense cer18 tifies, in a report submitted under such subsection, that— 

19 (1) the Defense Incident-Based Reporting System 

20 and the Defense Sexual Assault Incident Database are 

21 fully functional and operational throughout the De22 partment of Defense; and 

23 (2) each of the military departments is using the 

24 Defense Incident-Based Reporting System or pro25 viding data for inclusion in the Defense Sexual As26 sault Incident Database. 

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1 (c) REPEAL OF SUPERSEDED REPORTING REQUIRE2 MENT.—Section 598 of the National Defense Authorization 

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

4 2345; 10 U.S.C. 113 note) is repealed. 

5 SEC. 577. BRIEFINGS ON DEPARTMENT OF DEFENSE AC6 TIONS REGARDING SEXUAL ASSAULT PRE7 VENTION AND RESPONSE IN THE ARMED 

8 FORCES. 

9 Not later than October 31, 2012, and April 30, 2013, 

10 the Secretary of Defense (or the designee of the Secretary 

11 of Defense) shall provide to the Committees on Armed Serv12 ices of the Senate and House of Representatives a briefing 

13 that outlines efforts by the Department of Defense to imple14 ment— 

15 (1) subtitle H of title V of the National Defense 

16 Authorization Act for Fiscal Year 2012 (Public Law 

17 112–81; 125 Stat. 1430) and the amendments made 

18 by that subtitle; 

19 (2) the additional initiatives announced by the 

20 Secretary of Defense on April 17, 2012, to address 

21 sexual assault involving members of the Armed 

22 Forces; and 

23 (3) any other initiatives, policies, or programs 

24 being undertaken by the Secretary of Defense and the 

25 Secretaries of the military departments to address 

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1 sexual assault involving members of the Armed 

2 Forces. 

3 SEC. 578. ARMED FORCES WORKPLACE AND GENDER RELA4 TIONS SURVEYS. 

5 (a) ADDITIONAL CONTENT OF SURVEYS.—Subsection 

6 (c) of section 481 of title 10, United States Code, is amend7 ed— 

8 (1) by striking ‘‘harassment and discrimination’’ 

9 and inserting ‘‘harassment, assault, and discrimina10 tion’’; 

11 (2) by redesignating paragraphs (2) and (3) as 

12 paragraphs (3) and (4); respectively; 

13 (3) by inserting after paragraph (1) the fol14 lowing new paragraph (2): 

15 ‘‘(2) The specific types of assault that have oc16 curred, and the number of times each respondent has 

17 been assaulted during the preceding year.’’; 

18 (4) in paragraph (4), as so redesignated, by 

19 striking ‘‘discrimination’’ and inserting ‘‘discrimina20 tion, harassment, and assault’’; and 

21 (5) by adding at the end the following new para22 graph 

23 ‘‘(5) Any other issues relating to discrimination, 

24 harassment, or assault as the Secretary of Defense 

25 considers appropriate.’’. 

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1 (b) TIME FOR CONDUCTING OF SURVEYS.—Such sec2 tion is further amended— 

3 (1) in subsection (a)(1), by striking ‘‘four quad4 rennial surveys (each in a separate year)’’ and insert5 ing ‘‘four surveys’’; and 

6 (2) by striking subsection (d) and inserting the 

7 following new subsection: 

8 ‘‘(d) WHEN SURVEYS REQUIRED.—(1) One of the two 

9 Armed Forces Workplace and Gender Relations Surveys 

10 shall be conducted in 2014 and then every second year there11 after and the other Armed Forces Workplace and Gender 

12 Relations Survey shall be conducted in 2015 and then every 

13 second year thereafter, so that one of the two surveys is 

14 being conducted each year. 

15 ‘‘(2) The two Armed Forces Workplace and Equal Op16 portunity Surveys shall be conducted at least once every 

17 four years. The two surveys may not be conducted in the 

18 same year.’’. 

19 SEC. 579. REQUIREMENT FOR COMMANDERS TO CONDUCT 

20 ANNUAL ORGANIZATIONAL CLIMATE ASSESS21 MENTS. 

22 (a) REQUIREMENT.—The Secretary of Defense shall re23 quire the commander of each covered unit to conduct an 

24 organizational climate assessment within 120 days after the 

25 commander assumes command and annually thereafter. 

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1 (b) DEFINITIONS.—In this section: 

2 (1) COVERED UNIT.—The term ‘‘covered unit’’ 

3 means any organizational element of the Armed 

4 Forces (other than the Coast Guard) with more than 

5 50 members assigned, including any such element of 

6 a reserve component. 

7 (2) ORGANIZATIONAL CLIMATE ASSESSMENT.— 

8 The term ‘‘organizational climate assessment’’ means 

9 an assessment intended to obtain information about 

10 the positive and negative factors that may have an 

11 impact on unit effectiveness and readiness by meas12 uring matters relating to human relations climate 

13 such as prevention and response to sexual assault and 

14 equal opportunity. 

15 SEC. 580. ADDITIONAL REQUIREMENTS FOR ORGANIZA16 TIONAL CLIMATE ASSESSMENTS. 

17 (a) ELEMENTS OF ASSESSMENTS.—An organizational 

18 climate assessment shall include avenues for members of the 

19 Armed Forces to express their views on how their leaders, 

20 including commanders, are responding to allegations of sex21 ual assault and complaints of sexual harassment. The Sec22 retary of Defense shall require the Office of Diversity Man23 agement and Equal Opportunity and the Sexual Assault 

24 Prevention and Response Office to ensure equal opportunity 

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1 advisors and officers of the Sexual Assault Prevention and 

2 Response Office are available to conduct these assessments. 

3 (b) ENSURING COMPLIANCE.— 

4 (1) IN GENERAL.—The Secretary of Defense shall 

5 direct the Secretaries of the military departments to 

6 verify and track the compliance of commanding offi7 cers in conducting organizational climate assess8 ments. 

9 (2) IMPLEMENTATION.—No later than 90 days 

10 after the date of the enactment of this Act, the Sec11 retary of Defense shall submit to the Committees on 

12 Armed Services of the Senate and House of Represent13 atives a report containing— 

14 (A) a description of the progress of the de15 velopment of the system that will verify and 

16 track the compliance of commanding officers in 

17 conducting organizational climate assessments; 

18 and 

19 (B) an estimate of when the system will be 

20 completed and implemented. 

21 (c) CONSULTATION.—In developing the sexual harass22 ment and sexual assault portion of an organizational cli23 mate assessment, the Secretary of Defense shall consult with 

24 representatives of the following: 

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1 (1) The Sexual Assault Prevention and Response 

2 Office. 

3 (2) The Office of Diversity Management. 

4 (3) Appropriate non-Governmental organizations 

5 that have expertise in areas related to sexual harass6 ment and sexual assault in the Armed Forces. 

7 (d) RELATION TO OTHER REPORTING REQUIRE8 MENTS.—The reporting requirements of this section are in 

9 addition to, and an expansion of, the Armed Forces Work10 place and Gender Relations Surveys required by section 481 

11 of title 10, United States Code. 

12 SEC. 581. REVIEW OF UNRESTRICTED REPORTS OF SEXUAL 

13 ASSAULT AND SUBSEQUENT SEPARATION OF 

14 MEMBERS MAKING SUCH REPORTS. 

15 (a) REVIEW REQUIRED.—The Secretary of Defense 

16 shall conduct a review of all unrestricted reports of sexual 

17 assault made by members of the Armed Forces since October 

18 1, 2000, to determine the number of members who were sub19 sequently separated from the Armed Forces and the cir20 cumstances of and grounds for such separation. 

21 (b) ELEMENTS OF REVIEW.—The review shall deter22 mine at a minimum the following: 

23 (1) For each member who made an unrestricted 

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1 rated, the reason provided for the separation and 

2 whether the member requested an appeal. 

3 (2) For each member separated on the grounds 

4 of having a personality disorder, whether the separa5 tion was carried out in compliance with Department 

6 of Defense Instruction 1332.14. 

7 (3) For each member who requested an appeal, 

8 the basis and results of the appeal. 

9 (c) SUBMISSION OF RESULTS.—Not later than 180 

10 days after the date of the enactment of this Act, the Sec11 retary of Defense shall submit to the Committees on Armed 

12 Services of the Senate and House of Representatives a re13 port containing the results of the review. 

14 SEC. 582. LIMITATION ON RELEASE FROM ACTIVE DUTY OR 

15 RECALL TO ACTIVE DUTY OF RESERVE COM16 PONENT MEMBERS WHO ARE VICTIMS OF 

17 SEXUAL ASSAULT WHILE ON ACTIVE DUTY. 

18 (a) IN GENERAL.—Chapter 1209 of title 10, United 

19 States Code, is amended by adding at the end the following 

20 new section: 

21 ‘‘§ 12323. Active duty for response to sexual assault 

22 ‘‘(a) CONTINUATION ON ACTIVE DUTY.—In the case of 

23 a member of a reserve component who is the alleged victim 

24 of sexual assault committed while on active duty and who 

25 is expected to be released from active duty before the determstockstill on DSK4VPTVN1PROD with BILLS

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1 mination of whether the member was assaulted while in the 

2 line of duty, the Secretary concerned may, upon the request 

3 of the member, order the member to be retained on active 

4 duty until the line of duty determination, but not to exceed 

5 180 days beyond the original expiration of active duty date. 

6 A member eligible for continuation on active duty under 

7 this subsection shall be informed as soon as practicable after 

8 the alleged assault of the option to request continuation on 

9 active duty under this subsection. 

10 ‘‘(b) RETURN TO ACTIVE DUTY.—In the case of a 

11 member of a reserve component not on active duty who is 

12 the alleged victim of a sexual assault that occurred while 

13 the member was on active duty and when the determination 

14 whether the member was in the line of duty is not com15 pleted, the Secretary concerned may, upon the request of 

16 the member, order the member to active duty for such time 

17 as necessary to complete the line of duty determination, but 

18 not to exceed 180 days. 

19 ‘‘(c) REGULATIONS.—The Secretaries of the military 

20 departments shall prescribe regulations to carry out this 

21 section, subject to guidelines prescribed by the Secretary of 

22 Defense. The guidelines of the Secretary of Defense shall 

23 provide that— 

24 ‘‘(1) a request submitted by a member described 

25 in subsection (a) or (b) to continue on active duty, or 

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1 to be ordered to active duty, respectively, must be de2 cided within 30 days from the date of the request; and 

3 ‘‘(2) if the request is denied, the member may 

4 appeal to the first general officer or flag officer in the 

5 chain of command of the member, and in the case of 

6 such an appeal a decision on the appeal must be 

7 made within 15 days from the date of the appeal.’’. 

8 (b) CLERICAL AMENDMENT.—The table of sections at 

9 the beginning of such chapter is amended adding at the end 

10 the following new item: 

‘‘12323. Active duty for response to sexual assault.’’. 

11 SEC. 583. INCLUSION OF INFORMATION ON SUBSTAN12 TIATED REPORTS OF SEXUAL HARASSMENT 

13 IN MEMBER’S OFFICIAL SERVICE RECORD. 

14 (a) INCLUSION.—If a complaint of sexual harassment 

15 is made against a member of the Army, Navy, Air Force, 

16 or Marine Corps and the complaint is substantiated, a no17 tation to that effect shall be placed in the service record 

18 of the member, regardless of the member’s rank, for the pur19 pose of— 

20 (1) reducing the likelihood that a member who 

21 has committed sexual harassment can commit the 

22 same offense multiple times without suffering the ap23 propriate consequences; and 

24 (2) alerting commanders of the background of the 

25 members of their command, so the commanders have 

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1 better awareness of its members, especially as mem2 bers are transferred. 

3 (b) DEFINITION OF SUBSTANTIATED.—For purposes of 

4 implementing this section, the Secretary of Defense shall use 

5 the definition of substantiated developed for the annual re6 port on sexual assaults involving members of the Armed 

7 Forces prepared under section 1631 of the Ike Skelton Na8 tional Defense Authorization Act for Fiscal Year 2011 (Pub9 lic Law 111–383; 124 Stat. 4433; 10 U.S.C. 1561 note). 

10 Subtitle I—Other Matters 

11 SEC. 590. INCLUSION OF FREELY ASSOCIATED STATES 

12 WITHIN SCOPE OF JUNIOR RESERVE OFFI13 CERS’ TRAINING CORPS PROGRAM. 

14 Section 2031(a) of title 10, United States Code, is 

15 amended by adding at the end the following new paragraph: 

16 ‘‘(3) If a secondary educational institution in the Fed17 erated States of Micronesia, the Republic of the Marshall 

18 Islands, or the Republic of Palau otherwise meets the condi19 tions imposed by subsection (b) on the establishment and 

20 maintenance of units of the Junior Reserve Officers’ Train21 ing Corps, the Secretary of a military department may es22 tablish and maintain a unit of the Junior Reserve Officers’ 

23 Training Corps at the secondary educational institution 

24 even though the secondary educational institution is not a 

25 United States secondary educational institution.’’. 

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1 SEC. 591. PRESERVATION OF EDITORIAL INDEPENDENCE 

2 OF STARS AND STRIPES. 

3 To preserve the actual and perceived editorial and 

4 management independence of the Stars and Stripes news5 paper, the Secretary of Defense shall extend the lease for 

6 the commercial office space in the District of Columbia cur7 rently occupied by the editorial and management oper8 ations of the Stars and Stripes newspaper until such time 

9 as the Secretary provides space and information technology 

10 and other support for such operations in a Government11 owned facility in the National Capital Region geographi12 cally remote from facilities of the Defense Media Activity 

13 at Fort Meade, Maryland. 

14 SEC. 592. SENSE OF CONGRESS REGARDING DESIGNATION 

15 OF BUGLE CALL COMMONLY KNOWN AS 

16 ‘‘TAPS’’ AS NATIONAL SONG OF REMEM17 BRANCE. 

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

19 (1) The bugle call commonly known as ‘‘Taps’’ 

20 is known throughout the United States. 

21 (2) In July 1862, following the Seven Days Bat22 tles, Union General Daniel Butterfield and bugler 

23 Oliver Willcox Norton created ‘‘Taps’’ at Berkley 

24 Plantation, Virginia, as a way to signal the end of 

25 daily military activities. 

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1 (3) ‘‘Taps’’ is now established by the uniformed 

2 services as the last call of the day and is sounded at 

3 the completion of a military funeral. 

4 (4) ‘‘Taps’’ has become the signature, solemn mu5 sical farewell for members of the uniformed services 

6 and veterans who have faithfully served the United 

7 States during times of war and peace. 

8 (5) Over its 150 years of use, ‘‘Taps’’ has been 

9 woven into the historical fabric of the United States. 

10 (6) When sounded, ‘‘Taps’’ summons emotions of 

11 loss, pride, honor, and respect and encourages Ameri12 cans to remember patriots who served the United 

13 States with honor and valor. 

14 (7) The 150th anniversary of the writing of 

15 ‘‘Taps’’ will be observed with events culminating in 

16 June 2012 with a rededication of the Taps Monument 

17 at Berkley Plantation, Virginia. 

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

19 that the bugle call commonly known as ‘‘Taps’’ should be 

20 designated as the National Song of Remembrance. 

21 SEC. 593. RECOMMENDED CONDUCT DURING SOUNDING OF 

22 BUGLE CALL COMMONLY KNOWN AS ‘‘TAPS’’. 

23 (a) CONDUCT DURING SOUNDING OF ‘‘TAPS’’.—Chap24 ter 3 of title 36, United States Code, is amended by adding 

25 at the end the following new section: 

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1 ‘‘§ 306. Conduct during sounding of ‘Taps’ 

2 ‘‘(a) DEFINITION.—In this section, the term ‘Taps’ re3 fers to the bugle call consisting of 24 notes normally sound4 ed on a bugle or trumpet without accompaniment or embel5 lishment as the last call of the day on a military base, at 

6 the completion of a military funeral, or on other occasions 

7 as the solemn musical farewell to members of the uniform 

8 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 uniform, 

13 should stand at attention with the right hand 

14 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 being 

18 over the heart; and 

19 ‘‘(C) persons in uniform should stand at at20 tention and give the military salute at the first 

21 note of Taps and maintain that position until 

22 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. 

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1 ‘‘(c) DEFINITION OF MILITARY BASE.—In this section, 

2 the term ‘military base’ means a base, camp, post, station, 

3 yard, center, homeport facility for any ship, or other activ4 ity under the jurisdiction of the Department of Defense, in5 cluding any leased facility, which is located within any of 

6 the several States, the District of Columbia, the Common7 wealth of Puerto Rico, American Samoa, the Virgin Is8 lands, the Commonwealth of the Northern Mariana Islands, 

9 or Guam.’’. 

10 (b) CONFORMING AND CLERICAL AMENDMENTS.— 

11 (1) CHAPTER HEADING.—The heading of chapter 

12 3 of title 36, United States Code, is amended to read 

13 as follows: 

14 ‘‘CHAPTER 3—NATIONAL ANTHEM, MOTTO, 

15 AND OTHER NATIONAL DESIGNATIONS’’. 

16 (2) TABLE OF CHAPTERS.—The item relating to 

17 chapter 3 in the table of chapters for such title is 

18 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’.’’. 

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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 SOL6 DIERS’ AND AIRMEN’S HOME NATIONAL CEMETERY.—Sec7 tion 1(d) of Public Law 111–339; 124 Stat. 3592) is 

8 amended— 

9 (1) in paragraph (1), by striking ‘‘The Sec10 retary’’ in the first sentence and inserting ‘‘Subject to 

11 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 of 

18 Defense instead of the Secretary of the Army.’’. 

19 (b) TIME FOR SUBMISSION OF REPORT AND PLAN OF

20 ACTION REGARDING INSPECTION OF CEMETERIES AT MILI21 TARY INSTALLATIONS.—Section 592(d)(2) of the National 

22 Defense Authorization Act for Fiscal Year 2012 (Public 

23 Law 112–81; 125 Stat. 1443) is amended— 

24 (1) by striking ‘‘December 31, 2012’’ and insert25 ing ‘‘June 29, 2013’’; and 

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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 Defense 

8 may conduct one or more pilot programs to provide transi9 tional assistance for members of the Armed Forces leaving 

10 active duty that focuses on assisting the members to transi11 tion into the fields of science, technology, engineering, and 

12 mathematics to address the shortage of expertise within the 

13 Department of Defense in those fields. 

14 (b) COOPERATION WITH EDUCATIONAL INSTITU15 TIONS.—The Secretary of Defense may enter into an agree16 ment with an institution of higher education to provide for 

17 the management and execution of a pilot program under 

18 this section. The institution of higher education must agree 

19 to allow the translation of military experience and training 

20 into course credit and provide for the transfer of previously 

21 received credit through local community colleges and other 

22 accredited institutions of higher education. 

23 (c) DURATION.—Any pilot program established under 

24 the authority of this section may not operate for more than 

25 three academic years. 

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1 (d) REPORTING REQUIREMENT.—At the conclusion of 

2 a pilot program under this section, the Secretary of Defense 

3 shall submit to the congressional defense committee a report 

4 on the results of the pilot program, including the cost in5 curred to conduct the program, the number of participants 

6 of the program, and the outcomes for the participants of 

7 the program. 

8 TITLE VI—COMPENSATION AND 

9 OTHER PERSONNEL BENEFITS 

10 Subtitle A—Pay and Allowances 

11 SEC. 601. FISCAL YEAR 2013 INCREASE IN MILITARY BASIC 

12 PAY. 

13 (a) WAIVER OF SECTION 1009 ADJUSTMENT.—The ad14 justment to become effective during fiscal year 2013 re15 quired by section 1009 of title 37, United States Code, in 

16 the rates of monthly basic pay authorized members of the 

17 uniformed services shall not be made. 

18 (b) INCREASE IN BASIC PAY.—Effective on January 

19 1, 2013, the rates of monthly basic pay for members of the 

20 uniformed services are increased by 1.7 percent. 

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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 read 

6 as follows: 

7 ‘‘(C) Notwithstanding section 421 of this title, a mem8 ber of a uniformed service in a pay grade below pay grade 

9 E–6 who is assigned to sea duty and is married to another 

10 member of a uniformed service is entitled to a basic allow11 ance for housing subject to the limitations of subsection 

12 (e).’’. 

13 (b) EFFECTIVE DATE.—The amendment made by sub14 section (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 FULL-TIME 

19 NATIONAL GUARD DUTY WITHOUT A BREAK 

20 IN ACTIVE SERVICE. 

21 Section 403(g) of title 37, United States Code, is 

22 amended by adding at the end the following new paragraph: 

23 ‘‘(6)(A) The rate of basic allowance for housing to be 

24 paid to a member of the Army National Guard of the 

25 United States or the Air National Guard of the United 

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1 ber from active duty to full-time National Guard duty, or 

2 from full-time National Guard duty to active duty, when 

3 the transition occurs without a break in active service. 

4 ‘‘(B) For the purposes of this paragraph, a break in 

5 active service occurs when one or more calendar days be6 tween active service periods do not qualify as active serv7 ice.’’. 

8 SEC. 604. MODIFICATION OF PROGRAM GUIDANCE RELAT9 ING TO THE AWARD OF POST-DEPLOYMENT/ 

10 MOBILIZATION RESPITE ABSENCE ADMINIS11 TRATIVE ABSENCE DAYS TO MEMBERS OF 

12 THE RESERVE COMPONENTS UNDER DOD IN13 STRUCTION 1327.06. 

14 Effective as of October 1, 2011, the changes made by 

15 the Secretary of Defense to the Program Guidance relating 

16 to the award of Post-Deployment/Mobilization Respite Ab17 sence administrative absence days to members of the reserve 

18 components under DOD Instruction 1327.06 shall not 

19 apply to a member of a reserve component whose qualified 

20 mobilization (as described in such program guidance) com21 menced before October 1, 2011, and continued on or after 

22 that date until the date the mobilization is terminated. 

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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 Code, 

7 are amended by striking ‘‘December 31, 2012’’ and insert8 ing ‘‘December 31, 2013’’: 

9 (1) Section 308b(g), relating to Selected Reserve 

10 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 Reserve 

17 enlistment bonus for persons without prior service. 

18 (5) Section 308h(e), relating to Ready Reserve 

19 enlistment and reenlistment bonus for persons with 

20 prior service. 

21 (6) Section 308i(f), relating to Selected Reserve 

22 enlistment and reenlistment bonus for persons with 

23 prior service. 

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1 (7) Section 408a(e), relating to reimbursement of 

2 travel expenses for inactive-duty training outside of 

3 normal commuting distance. 

4 (8) Section 910(g), relating to income replace5 ment payments for reserve component members expe6 riencing extended and frequent mobilization for active 

7 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, 2013’’: 

14 (1) Section 2130a(a)(1), relating to nurse officer 

15 candidate accession program. 

16 (2) Section 16302(d), relating to repayment of 

17 education loans for certain health professionals who 

18 serve in the Selected Reserve. 

19 (b) TITLE 37 AUTHORITIES.—The following sections of 

20 title 37, United States Code, are amended by striking ‘‘De21 cember 31, 2012’’ and inserting ‘‘December 31, 2013’’: 

22 (1) Section 302c–1(f), relating to accession and 

23 retention bonuses for psychologists. 

24 (2) Section 302d(a)(1), relating to accession 

25 bonus for registered nurses. 

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1 (3) Section 302e(a)(1), relating to incentive spe2 cial pay for nurse anesthetists. 

3 (4) Section 302g(e), relating to special pay for 

4 Selected Reserve health professionals in critically 

5 short wartime specialties. 

6 (5) Section 302h(a)(1), relating to accession 

7 bonus for dental officers. 

8 (6) Section 302j(a), relating to accession bonus 

9 for pharmacy officers. 

10 (7) Section 302k(f), relating to accession bonus 

11 for medical officers in critically short wartime spe12 cialties. 

13 (8) Section 302l(g), relating to accession bonus 

14 for dental specialist officers in critically short war15 time specialties. 

16 SEC. 613. ONE-YEAR EXTENSION OF SPECIAL PAY AND 

17 BONUS AUTHORITIES FOR NUCLEAR OFFI18 CERS. 

19 The following sections of title 37, United States Code, 

20 are amended by striking ‘‘December 31, 2012’’ and insert21 ing ‘‘December 31, 2013’’: 

22 (1) Section 312(f), relating to special pay for 

23 nuclear-qualified officers extending period of active 

24 service. 

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1 (2) Section 312b(c), relating to nuclear career 

2 accession bonus. 

3 (3) Section 312c(d), relating to nuclear career 

4 annual incentive bonus. 

5 SEC. 614. ONE-YEAR EXTENSION OF AUTHORITIES RELAT6 ING TO TITLE 37 CONSOLIDATED SPECIAL 

7 PAY, INCENTIVE PAY, AND BONUS AUTHORI8 TIES. 

9 The following sections of title 37, United States Code, 

10 are amended by striking ‘‘December 31, 2012’’ and insert11 ing ‘‘December 31, 2013’’: 

12 (1) Section 331(h), relating to general bonus au13 thority for enlisted members. 

14 (2) Section 332(g), relating to general bonus au15 thority for officers. 

16 (3) Section 333(i), relating to special bonus and 

17 incentive pay authorities for nuclear officers. 

18 (4) Section 334(i), relating to special aviation 

19 incentive pay and bonus authorities for officers. 

20 (5) Section 335(k), relating to special bonus and 

21 incentive pay authorities for officers in health profes22 sions. 

23 (6) Section 351(h), relating to hazardous duty 

24 pay. 

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1 (7) Section 352(g), relating to assignment pay or 

2 special duty pay. 

3 (8) Section 353(i), relating to skill incentive pay 

4 or proficiency bonus. 

5 (9) Section 355(h), relating to retention incen6 tives for members qualified in critical military skills 

7 or assigned to high priority units. 

8 SEC. 615. ONE-YEAR EXTENSION OF AUTHORITIES RELAT9 ING TO PAYMENT OF OTHER TITLE 37 BO10 NUSES AND SPECIAL PAYS. 

11 The following sections of title 37, United States Code, 

12 are amended by striking ‘‘December 31, 2012’’ and insert13 ing ‘‘December 31, 2013’’: 

14 (1) Section 301b(a), relating to aviation officer 

15 retention bonus. 

16 (2) Section 307a(g), relating to assignment in17 centive pay. 

18 (3) Section 308(g), relating to reenlistment 

19 bonus for active members. 

20 (4) Section 309(e), relating to enlistment bonus. 

21 (5) Section 324(g), relating to accession bonus 

22 for new officers in critical skills. 

23 (6) Section 326(g), relating to incentive bonus 

24 for conversion to military occupational specialty to 

25 ease personnel shortage. 

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1 (7) Section 327(h), relating to incentive bonus 

2 for transfer between armed forces. 

3 (8) Section 330(f), relating to accession bonus for 

4 officer candidates. 

5 SEC. 616. INCREASE IN MAXIMUM AMOUNT OF OFFICER AF6 FILIATION BONUS FOR OFFICERS IN THE SE7 LECTED RESERVE. 

8 Section 308j(d) of title 37, United States Code, is 

9 amended by striking ‘‘$10,000’’ and inserting ‘‘$20,000’’. 

10 SEC. 617. INCREASE IN MAXIMUM AMOUNT OF INCENTIVE 

11 BONUS FOR RESERVE COMPONENT MEMBERS 

12 WHO CONVERT MILITARY OCCUPATIONAL 

13 SPECIALTY TO EASE PERSONNEL SHORT14 AGES. 

15 Section 326(c)(1) of title 37, United States Code, is 

16 amended by striking ‘‘$4,000, in the case of a member of 

17 a regular component of the armed forces, and $2,000, in 

18 the case of a member of a reserve component of the armed 

19 forces.’’ and inserting ‘‘$4,000.’’. 

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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 para13 graph: 

14 ‘‘(2) Travel and transportation described in subsection 

15 (d) also may be provided for a qualified non-medical at16 tendant for a member of the uniformed services who is re17 ceiving care in a residential treatment program if the at18 tending physician or other mental health professional and 

19 the commander or head of the military medical facility ex20 ercising control over the member determine that the presence 

21 and participation of such an attendant is essential to the 

22 treatment of the member.’’. 

23 (b) CONFORMING AMENDMENTS.—Such section is fur24 ther amended— 

25 (1) in subsection (b)— 

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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 med6 ical facility’’ and inserting ‘‘surgeon (or mental 

7 health professional in the case of a member de8 scribed in subsection (a)(2)) and the commander 

9 or head of the military medical facility exer10 cising 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 BEN19 EFITS AFTER SEPARATION. 

20 (a) EXTENSION OF AUTHORITY.—Section 1146 of title 

21 10, United States Code, is amended— 

22 (1) in subsection (a), by striking ‘‘2012’’ and in23 serting ‘‘2018’’; and 

24 (2) in subsection (b), by striking ‘‘2012’’ and in25 serting ‘‘2018’’. 

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1 (b) CORRECTION OF REFERENCE TO ADMINISTERING

2 SECRETARY.—Such section is further amended— 

3 (1) in subsection (a), by striking ‘‘The Secretary 

4 of Transportation’’ and inserting ‘‘The Secretary con5 cerned’’; and 

6 (2) in subsection (b), by striking ‘‘The Secretary 

7 of Homeland Security’’ and inserting ‘‘The Secretary 

8 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 title 

13 10, United States Code, is amended— 

14 (1) in paragraph (1), by striking ‘‘October 1, 

15 1990, and ending on December 31, 2001’’ and insert16 ing ‘‘October 1, 2012, and ending on December 31, 

17 2018’’; and 

18 (2) in paragraph (2), by striking ‘‘October 1, 

19 1994, and ending on December 31, 2001’’ and insert20 ing ‘‘October 1, 2012, and ending on December 31, 

21 2018’’. 

22 (b) PROHIBITION ON PROVISION OF TRANSITIONAL

23 BASIC ALLOWANCE FOR HOUSING.—Such section is further 

24 amended by adding at the end the following new subsection: 

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1 ‘‘(c) NO TRANSITIONAL BASIC ALLOWANCE FOR HOUS2 ING.—Nothing in this section shall be construed to authorize 

3 the Secretary concerned to continue to provide for any pe4 riod of time to an individual who is involuntary separated 

5 all or any portion of a basic allowance for housing to which 

6 the individual was entitled under section 403 of title 37 

7 immediately before being involuntarily separated, even in 

8 cases in which the individual or members of the individual’s 

9 household continue to reside after the separation in a hous10 ing unit acquired or constructed under the alternative au11 thority of subchapter IV of chapter 169 of this title that 

12 is not owned or leased by the United States.’’. 

13 (c) CORRECTION OF REFERENCE TO ADMINISTERING

14 SECRETARY.—Subsection (a)(2) of such section is further 

15 amended by striking ‘‘The Secretary of Transportation’’ 

16 and inserting ‘‘The Secretary concerned’’. 

17 Subtitle E—Commissary and Non18 appropriated Fund Instrumen19 tality Benefits and Operations 

20 SEC. 641. CHARITABLE ORGANIZATIONS ELIGIBLE FOR DO21 NATIONS OF UNUSABLE COMMISSARY STORE 

22 FOOD AND OTHER FOOD PREPARED FOR THE 

23 ARMED FORCES. 

24 Subparagraph (A) of section 2485(f) of title 10, United 

25 States Code, is amended to read as follows: 

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1 ‘‘(A) A food bank, food pantry, or soup kitchen 

2 (as those terms are defined in section 201A of the 

3 Emergency Food Assistance Act of 1983 (7 U.S.C. 

4 7501)).’’. 

5 SEC. 642. REPEAL OF CERTAIN RECORDKEEPING AND RE6 PORTING REQUIREMENTS APPLICABLE TO 

7 COMMISSARY AND EXCHANGE STORES OVER8 SEAS. 

9 (a) REPEAL.—Section 2489 of title 10, United States 

10 Code, is amended by striking subsections (b) and (c). 

11 (b) CONFORMING AMENDMENTS.—Such section is fur12 ther amended— 

13 (1) by striking ‘‘GENERAL AUTHORITY.—(1)’’ 

14 and inserting ‘‘AUTHORITY TO ESTABLISH RESTRIC15 TIONS.—’’; 

16 (2) by striking ‘‘(2)’’ and inserting ‘‘(b) LIMITA17 TIONS ON USE OF AUTHORITY.—’’; and 

18 (3) by redesignating subparagraphs (A) and (B) 

19 as paragraphs (1) and (2), respectively. 

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1 SEC. 643. TREATMENT OF FISHER HOUSE FOR THE FAMI2 LIES OF THE FALLEN AND MEDITATION PA3 VILION AT DOVER AIR FORCE BASE, DELA4 WARE, AS A FISHER HOUSE. 

5 (a) FISHER HOUSES AND AUTHORIZED FISHER

6 HOUSE RESIDENTS.—Subsection (a) of section 2493 of title 

7 10, United States Code, is amended— 

8 (1) in paragraph (1)(B), by striking ‘‘by pa9 tients’’ and all that follows through ‘‘such patients;’’ 

10 and inserting ‘‘by authorized Fisher House resi11 dents;’’; 

12 (2) by redesignating paragraph (2) as para13 graph (3); 

14 (3) by inserting after paragraph (1) the fol15 lowing new paragraph: 

16 ‘‘(2) The term ‘Fisher House’ includes the Fisher 

17 House for the Families of the Fallen and Meditation 

18 Pavilion at Dover Air Force Base, Delaware, so long 

19 as such facility is available for residential use on a 

20 temporary basis by authorized Fisher House resi21 dents.’’; and 

22 (4) by adding at the end the following new para23 graph: 

24 ‘‘(4) The term ‘authorized Fisher House resi25 dents’ means the following: 

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1 ‘‘(A) With respect to a Fisher House de2 scribed in paragraph (1) that is located in prox3 imity to a health care facility of the Army, the 

4 Air Force, or the Navy, the following persons: 

5 ‘‘(i) Patients of that health care facil6 ity. 

7 ‘‘(ii) Members of the families of such 

8 patients. 

9 ‘‘(iii) Other persons providing the 

10 equivalent of familial support for such pa11 tients. 

12 ‘‘(B) With respect to the Fisher House de13 scribed in paragraph (2), the following persons: 

14 ‘‘(i) The primary next of kin of a 

15 member of the armed forces who dies while 

16 located or serving overseas. 

17 ‘‘(ii) Other family members of the de18 ceased member who are eligible for trans19 portation under section 411f(e) of title 37. 

20 ‘‘(iii) An escort of a family member de21 scribed in clause (i) or (ii).’’. 

22 (b) CONFORMING AMENDMENTS.—Subsections (b), (e), 

23 (f), and (g) of such section are amended by striking ‘‘health 

24 care’’ each place it appears. 

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1 (c) REPEAL OF FISCAL YEAR 2012 FREESTANDING

2 DESIGNATION.—Section 643 of the National Defense Au3 thorization Act for Fiscal Year 2012 (Public Law 112–81; 

4 125 Stat. 1466) is repealed. 

5 SEC. 644. PURCHASE OF SUSTAINABLE PRODUCTS, LOCAL 

6 FOOD PRODUCTS, AND RECYCLABLE MATE7 RIALS FOR RESALE IN COMMISSARY AND EX8 CHANGE STORE SYSTEMS. 

9 (a) IMPROVED PURCHASING EFFORTS.—Section 

10 2481(c) of title 10, United States Code, is amended by add11 ing at the end the following new paragraph: 

12 ‘‘(3)(A) The governing body established pursuant to 

13 paragraph (2) shall endeavor to increase the purchase for 

14 resale at commissary stores and exchange stores of sustain15 able products, local food products, and recyclable materials. 

16 ‘‘(B) As part of its efforts under subparagraph (A), 

17 the governing body shall develop— 

18 ‘‘(i) guidelines for the identification of fresh 

19 meat, poultry, seafood, and fish, fresh produce, and 

20 other products raised or produced through sustainable 

21 methods; and 

22 ‘‘(ii) goals, applicable to all commissary stores 

23 and exchange stores world-wide, to maximize, to the 

24 maximum extent practical, the purchase of sustainmstockstill on DSK4VPTVN1PROD with BILLS

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1 able products, local food products, and recyclable ma2 terials by September 30, 2017.’’. 

3 (b) DEADLINE FOR ESTABLISHMENT AND GUIDE4 LINES.—The initial guidelines required by paragraph 

5 (3)(B)(i) of section 2481(c) of title 10, United States Code, 

6 as added by subsection (a), shall be issued not later than 

7 two years after the date of the enactment of this Act. 

8 Subtitle F—Disability, Retired Pay, 

9 and Survivor Benefits 

10 SEC. 651. REPEAL OF REQUIREMENT FOR PAYMENT OF SUR11 VIVOR BENEFIT PLAN PREMIUMS WHEN PAR12 TICIPANT WAIVES RETIRED PAY TO PROVIDE 

13 A SURVIVOR ANNUITY UNDER FEDERAL EM14 PLOYEES RETIREMENT SYSTEM AND TERMI15 NATING PAYMENT OF THE SURVIVOR BEN16 EFIT PLAN ANNUITY. 

17 (a) DEPOSITS NOT REQUIRED.—Section 1452(e) of 

18 title 10, United States Code, is amended— 

19 (1) in the subsection heading, by inserting ‘‘AND

20 FERS’’ after ‘‘CSRS’’; 

21 (2) by inserting ‘‘or chapter 84 of such title,’’ 

22 after ‘‘chapter 83 of title 5’’; 

23 (3) by inserting ‘‘or 8416(a)’’ after ‘‘8339(j)’’; 

24 and 

25 (4) by inserting ‘‘or 8442(a)’’ after ‘‘8341(b)’’. 

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1 (b) CONFORMING AMENDMENTS.—Section 1450(d) of 

2 such title is amended— 

3 (1) by inserting ‘‘or chapter 84 of such title’’ 

4 after ‘‘chapter 83 of title 5’’; 

5 (2) by inserting ‘‘or 8416(a)’’ after ‘‘8339(j)’’; 

6 and 

7 (3) by inserting ‘‘or 8442(a)’’ after ‘‘8341(b)’’. 

8 (c) APPLICATION OF AMENDMENTS.—The amendments 

9 made by this section shall apply with respect to any partic10 ipant electing a annuity for survivors under chapter 84 of 

11 title 5, United States Code, on or after the date of the enact12 ment of this Act. 

13 Subtitle G—Other Matters 

14 SEC. 661. CONSISTENT DEFINITION OF DEPENDENT FOR 

15 PURPOSES OF APPLYING LIMITATIONS ON 

16 TERMS OF CONSUMER CREDIT EXTENDED TO 

17 CERTAIN MEMBERS OF THE ARMED FORCES 

18 AND THEIR DEPENDENTS. 

19 Paragraph (2) of section 987(i) of title 10, United 

20 States Code, is amended to read as follows: 

21 ‘‘(2) DEPENDENT.—The term ‘dependent’, with 

22 respect to a covered member, means a person de23 scribed in subparagraph (A), (D), (E), or (I) of sec24 tion 1072(2) of this title.’’. 

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1 SEC. 662. LIMITATION ON REDUCTION IN NUMBER OF MILI2 TARY AND CIVILIAN PERSONNEL ASSIGNED 

3 TO DUTY WITH SERVICE REVIEW AGENCIES. 

4 Section 1559(a) of title 10, United States Code, is 

5 amended by striking ‘‘December 31, 2013’’ and inserting 

6 ‘‘December 31, 2016’’. 

7 SEC. 663. EQUAL TREATMENT FOR MEMBERS OF COAST 

8 GUARD RESERVE CALLED TO ACTIVE DUTY 

9 UNDER TITLE 14, UNITED STATES CODE. 

10 (a) INCLUSION IN DEFINITION OF CONTINGENCY OP11 ERATION.—Section 101(a)(13)(B) of title 10, United States 

12 Code, is amended by inserting ‘‘section 712 of title 14,’’ 

13 after ‘‘chapter 15 of this title,’’. 

14 (b) CREDIT OF SERVICE TOWARDS REDUCTION OF

15 ELIGIBILITY AGE FOR RECEIPT OF RETIRED PAY FOR NON16 REGULAR SERVICE.—Section 12731(f)(2)(B) of title 10, 

17 United States Code, is amended by adding at the end the 

18 following new clause: 

19 ‘‘(iv) Service on active duty described in this subpara20 graph is also service on active duty pursuant to a call or 

21 order to active duty authorized by the Secretary of Home22 land Security under section 712 of title 14 for purposes of 

23 emergency augmentation of the Regular Coast Guard 

24 forces.’’. 

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1 (c) POST 9/11 EDUCATIONAL ASSISTANCE.—Section 

2 3301(1)(B) of title 38, United States Code, is amended by 

3 inserting ‘‘or section 712 of title 14’’ after ‘‘title 10’’. 

4 (d) RETROACTIVE APPLICATION OF AMENDMENTS.— 

5 (1) INCLUSION OF PRIOR ORDERS.—The amend6 ments made by this section shall apply to any call or 

7 order to active duty authorized by the Secretary of 

8 Homeland Security under section 712 of title 14, 

9 United States Code, on or after April 19, 2010. 

10 (2) CREDIT FOR PRIOR SERVICE.—The amend11 ments made by this section shall be deemed to have 

12 been enacted on April 19, 2010, for purposes of ap13 plying the amendments to the following provisions of 

14 law: 

15 (A) Section 5538 of title 5, United States 

16 Code, relating to nonreduction in pay. 

17 (B) Section 701 of title 10, United States 

18 Code, relating to the accumulation and retention 

19 of leave. 

20 (C) Section 12731 of title 10, United States 

21 Code, relating to age and service requirements 

22 for receipt of retired pay for non-regular service. 

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1 TITLE VII—HEALTH CARE 

2 PROVISIONS 

3 Subtitle A—Improvements to Health 

4 Benefits 

5 SEC. 701. SENSE OF CONGRESS ON NONMONETARY CON6 TRIBUTIONS TO HEALTH CARE BENEFITS 

7 MADE BY CAREER MEMBERS OF THE ARMED 

8 FORCES AND THEIR FAMILIES. 

9 It is the sense of Congress that— 

10 (1) career members of the uniformed services and 

11 their families endure unique and extraordinary de12 mands and make extraordinary sacrifices over the 

13 course of a 20- to 30-year career in protecting free14 dom for all Americans; and 

15 (2) those decades of sacrifice constitute a signifi16 cant pre-paid premium for health care during a ca17 reer member’s retirement that is over and above what 

18 the member pays with money. 

19 SEC. 702. EXTENSION OF TRICARE STANDARD COVERAGE 

20 AND TRICARE DENTAL PROGRAM FOR MEM21 BERS OF THE SELECTED RESERVE WHO ARE 

22 INVOLUNTARILY SEPARATED. 

23 (a) TRICARE STANDARD COVERAGE.—Section 

24 1076d(b) of title 10, United States Code, is amended— 

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1 (1) by striking ‘‘Eligibility’’ and inserting ‘‘(1) 

2 Except as provided in paragraph (2), eligibility’’; 

3 and 

4 (2) by adding at the end the following new para5 graph: 

6 ‘‘(2) During the period beginning on the earlier of the 

7 date of the enactment of the National Defense Authorization 

8 Act for Fiscal Year 2013 or October 1, 2012, and ending 

9 December 31, 2018, eligibility for a member under this sec10 tion who is involuntarily separated from the Selected Re11 serve under other than adverse conditions, as characterized 

12 by the Secretary concerned, shall terminate 180 days after 

13 the date on which the member is separated.’’. 

14 (b) TRICARE DENTAL COVERAGE.—Section 

15 1076a(a)(1) of such title is amended by adding at the end 

16 the following new sentence: ‘‘During the period beginning 

17 on the earlier of the date of the enactment of the National 

18 Defense Authorization Act for Fiscal Year 2013 or October 

19 1, 2012, and ending December 31, 2018, such plan shall 

20 provide that coverage for a member of the Selected Reserve 

21 who is involuntarily separated from the Selected Reserve 

22 under other than adverse conditions, as characterized by the 

23 Secretary concerned, shall not terminate earlier than 180 

24 days after the date on which the member is separated.’’. 

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1 SEC. 703. MEDICAL AND DENTAL CARE CONTRACTS FOR 

2 CERTAIN MEMBERS OF THE NATIONAL 

3 GUARD. 

4 (a) STANDARDS.—The Secretary of Defense shall en5 sure that each individual who receives medical or dental 

6 care under a covered contract meets the standards of med7 ical and dental readiness of the Secretary upon the mobili8 zation of the individual. 

9 (b) COVERED CONTRACT DEFINED.—In this section, 

10 the term ‘‘covered contract’’ means a contract entered into 

11 by the National Guard of a State to provide medical or 

12 dental care to the members of such National Guard to en13 sure that the members meet applicable standards of medical 

14 and dental readiness. 

15 Subtitle B—Health Care 

16 Administration 

17 SEC. 711. UNIFIED MEDICAL COMMAND. 

18 (a) UNIFIED COMBATANT COMMAND.— 

19 (1) IN GENERAL.—Chapter 6 of title 10, United 

20 States Code, is amended by inserting after section 

21 167a the following new section: 

22 ‘‘§ 167b. Unified combatant command for medical op23 erations 

24 ‘‘(a) ESTABLISHMENT.—With the advice and assist25 ance of the Chairman of the Joint Chiefs of Staff, the Presi26 dent, through the Secretary of Defense, shall establish under 

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1 section 161 of this title a unified command for medical op2 erations (in this section referred to as the ‘unified medical 

3 command’). The principal function of the command is to 

4 provide medical services to the armed forces and other 

5 health care beneficiaries of the Department of Defense as 

6 defined in chapter 55 of this title. 

7 ‘‘(b) ASSIGNMENT OF FORCES.—In establishing the 

8 unified medical command under subsection (a), all active 

9 military medical treatment facilities, training organiza10 tions, and research entities of the armed forces shall be as11 signed to such unified command, unless otherwise directed 

12 by the Secretary of Defense. 

13 ‘‘(c) GRADE OF COMMANDER.—The commander of the 

14 unified medical command shall hold the grade of general 

15 or, in the case of an officer of the Navy, admiral while serv16 ing in that position, without vacating his permanent grade. 

17 The commander of such command shall be appointed to that 

18 grade by the President, by and with the advice and consent 

19 of the Senate, for service in that position. The commander 

20 of such command shall be a member of a health profession 

21 described in paragraph (1), (2), (3), (4), (5), or (6) of sec22 tion 335(j) of title 37. During the five-year period begin23 ning on the date on which the Secretary establishes the com24 mand under subsection (a), the commander of such commstockstill on DSK4VPTVN1PROD with BILLS

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1 mand shall be exempt from the requirements of section 

2 164(a)(1) of this title. 

3 ‘‘(d) SUBORDINATE COMMANDS.—(1) The unified med4 ical command shall have the following subordinate com5 mands: 

6 ‘‘(A) A command that includes all fixed military 

7 medical treatment facilities, including elements of the 

8 Department of Defense that are combined, operated 

9 jointly, or otherwise operated in such a manner that 

10 a medical facility of the Department of Defense is op11 erating in or with a medical facility of another de12 partment or agency of the United States. 

13 ‘‘(B) A command that includes all medical 

14 training, education, and research and development 

15 activities that have previously been unified or com16 bined, including organizations that have been des17 ignated as a Department of Defense executive agent. 

18 ‘‘(C) The Defense Health Agency established 

19 under subsection (f). 

20 ‘‘(2) The commander of a subordinate command of the 

21 unified medical command shall hold the grade of lieutenant 

22 general or, in the case of an officer of the Navy, vice admiral 

23 while serving in that position, without vacating his perma24 nent grade. The commander of such a subordinate command 

25 shall be appointed to that grade by the President, by and 

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1 with the advice and consent of the Senate, for service in 

2 that position. The commander of such a subordinate com3 mand shall also be required to be a surgeon general of one 

4 of the military departments. 

5 ‘‘(e) AUTHORITY OF COMBATANT COMMANDER.—(1) In 

6 addition to the authority prescribed in section 164(c) of this 

7 title, the commander of the unified medical command shall 

8 be responsible for, and shall have the authority to conduct, 

9 all affairs of such command relating to medical operations 

10 activities. 

11 ‘‘(2) The commander of such command shall be respon12 sible for, and shall have the authority to conduct, the fol13 lowing functions relating to medical operations activities 

14 (whether or not relating to the unified medical command): 

15 ‘‘(A) Developing programs and doctrine. 

16 ‘‘(B) Preparing and submitting to the Secretary 

17 of Defense program recommendations and budget pro18 posals for the forces described in subsection (b) and 

19 for other forces assigned to the unified medical com20 mand. 

21 ‘‘(C) Exercising authority, direction, and control 

22 over the expenditure of funds— 

23 ‘‘(i) for forces assigned to the unified med24 ical command; 

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1 ‘‘(ii) for the forces described in subsection 

2 (b) assigned to unified combatant commands 

3 other than the unified medical command to the 

4 extent directed by the Secretary of Defense; and 

5 ‘‘(iii) for military construction funds of the 

6 Defense Health Program. 

7 ‘‘(D) Training assigned forces. 

8 ‘‘(E) Conducting specialized courses of instruc9 tion for commissioned and noncommissioned officers. 

10 ‘‘(F) Validating requirements. 

11 ‘‘(G) Establishing priorities for requirements. 

12 ‘‘(H) Ensuring the interoperability of equipment 

13 and forces. 

14 ‘‘(I) Monitoring the promotions, assignments, re15 tention, training, and professional military education 

16 of medical officers described in paragraph (1), (2), 

17 (3), (4), (5), or (6) of section 335(j) of title 37. 

18 ‘‘(3) The commander of such command shall be respon19 sible for the Defense Health Program, including the Defense 

20 Health Program Account established under section 1100 of 

21 this title. 

22 ‘‘(f) DEFENSE HEALTH AGENCY.—(1) In establishing 

23 the unified medical command under subsection (a), the Sec24 retary shall also establish under section 191 of this title a 

25 defense agency for health care (in this section referred to 

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1 as the ‘Defense Health Agency’), and shall transfer to such 

2 agency the organization of the Department of Defense re3 ferred to as the TRICARE Management Activity and all 

4 functions of the TRICARE Program (as defined in section 

5 1072(7)). 

6 ‘‘(2) The director of the Defense Health Agency shall 

7 hold the rank of lieutenant general or, in the case of an 

8 officer of the Navy, vice admiral while serving in that posi9 tion, without vacating his permanent grade. The director 

10 of such agency shall be appointed to that grade by the Presi11 dent, by and with the advice and consent of the Senate, 

12 for service in that position. The director of such agency 

13 shall be a member of a health profession described in para14 graph (1), (2), (3), (4), (5), or (6) of section 335(j) of title 

15 37. 

16 ‘‘(g) REGULATIONS.—In establishing the unified med17 ical command under subsection (a), the Secretary of Defense 

18 shall prescribe regulations for the activities of the unified 

19 medical command.’’. 

20 (2) CLERICAL AMENDMENT.—The table of sec21 tions at the beginning of such chapter is amended by 

22 inserting after the item relating to section 167a the 

23 following new item: 

‘‘167b. Unified combatant command for medical operations.’’. 

24 (b) PLAN, NOTIFICATION, AND REPORT.— 

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1 (1) PLAN.—Not later than July 1, 2013, the Sec2 retary of Defense shall submit to the congressional de3 fense committees a comprehensive plan to establish the 

4 unified medical command authorized under section 

5 167b of title 10, United States Code, as added by sub6 section (a), including any legislative actions the Sec7 retary considers necessary to implement the plan. 

8 (2) NOTIFICATION.—The Secretary shall submit 

9 to the congressional defense committees written notifi10 cation of the time line of the Secretary to establish the 

11 unified medical command under such section 167b by 

12 not later than the date that is 30 days before estab13 lishing such command. 

14 (3) REPORT.—Not later than 180 days after sub15 mitting the notification under paragraph (2), the Sec16 retary shall submit to the congressional defense com17 mittees a report on— 

18 (A) the establishment of the unified medical 

19 command; and 

20 (B) the establishment of the Defense Health 

21 Agency under subsection (f) of such section 167b. 

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1 SEC. 712. AUTHORITY FOR AUTOMATIC ENROLLMENT IN 

2 TRICARE PRIME OF DEPENDENTS OF MEM3 BERS IN PAY GRADES ABOVE PAY GRADE E-4. 

4 Subsection (a) of section 1097a of title 10, United 

5 States Code, is amended to read as follows: 

6 ‘‘(a) AUTOMATIC ENROLLMENT OF CERTAIN DEPEND7 ENTS.—(1) In the case of a dependent of a member of the 

8 uniformed services who is entitled to medical and dental 

9 care under section 1076(a)(2)(A) of this title and resides 

10 in an area in which TRICARE Prime is offered, the Sec11 retary— 

12 ‘‘(A) shall automatically enroll the dependent in 

13 TRICARE Prime if the member is in pay grade E14 4 or below; and 

15 ‘‘(B) may automatically enroll the dependent in 

16 TRICARE Prime if the member is in pay grade E17 5 or higher. 

18 ‘‘(2) Whenever a dependent of a member is enrolled 

19 in TRICARE Prime under paragraph (1), the Secretary 

20 concerned shall provide written notice of the enrollment to 

21 the member. 

22 ‘‘(3) The enrollment of a dependent of the member may 

23 be terminated by the member or the dependent at any 

24 time.’’. 

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1 SEC. 713. COOPERATIVE HEALTH CARE AGREEMENTS BE2 TWEEN THE MILITARY DEPARTMENTS AND 

3 NON-MILITARY HEALTH CARE ENTITIES. 

4 (a) AUTHORITY.—In addition to the authority of the 

5 Secretary of Defense under section 713 of the National De6 fense Authorization Act of 2010 (10 U.S.C. 1073 note), the 

7 Secretary of each military department may establish coop8 erative health care agreements between military installa9 tions and local or regional health care entities. 

10 (b) REQUIREMENTS.—In establishing an agreement 

11 under subsection (a), the Secretary concerned shall— 

12 (1) consult with— 

13 (A) representatives from the military instal14 lation selected for the agreement, including the 

15 TRICARE managed care support contractor 

16 with responsibility for such installation; and 

17 (B) Federal, State, and local government of18 ficials; 

19 (2) identify and analyze health care services 

20 available in the area in which the military installa21 tion is located, including such services available at a 

22 military medical treatment facility or in the private 

23 sector (or a combination thereof); 

24 (3) determine the cost avoidance or savings re25 sulting from innovative partnerships between the 

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1 military department concerned and the private sector; 

2 and 

3 (4) determine the opportunities for and barriers 

4 to coordinating and leveraging the use of existing 

5 health care resources, including such resources of Fed6 eral, State, local, and private entities. 

7 (c) RULE OF CONSTRUCTION.—Nothing in this section 

8 shall be construed as authorizing the provision of health 

9 care services at military medical treatment facilities or 

10 other facilities of the Department of Defense to individuals 

11 who are not otherwise entitled or eligible for such services 

12 under chapter 55 of title 10, United States Code. 

13 (d) SECRETARY CONCERNED DEFINED.—In this sec14 tion, the term ‘‘Secretary concerned’’ has the meaning given 

15 that term in section 101(a)(9) of title 10, United States 

16 Code. 

17 SEC. 714. REQUIREMENT TO ENSURE THE EFFECTIVENESS 

18 AND EFFICIENCY OF HEALTH ENGAGEMENTS. 

19 (a) IN GENERAL.—The Secretary of Defense, in coordi20 nation with the Assistant Secretary of Defense for Health 

21 Affairs and the Uniformed Services University of the 

22 Health Sciences, shall develop a process to ensure that 

23 health engagements conducted by the Department of Defense 

24 are effective and efficient in meeting the national security 

25 goals of the United States. 

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1 (b) PROCESS GOALS.—The Assistant Secretary of De2 fense for Health Affairs and the Uniformed Services Univer3 sity of the Health Sciences shall ensure that each process 

4 developed under subsection (a)— 

5 (1) assesses the operational mission capabilities 

6 of the health engagement; 

7 (2) uses the collective expertise of the Federal 

8 Government and non-governmental organizations to 

9 ensure collaboration and partnering activities; and 

10 (3) assesses the stability and resiliency of the 

11 host nation of such engagement. 

12 (c) PILOT PROGRAMS.—The Secretary of Defense, in 

13 coordination with the Uniformed Services University of 

14 Health Sciences, may conduct pilot programs to assess the 

15 effectiveness of any process developed under subsection (a) 

16 to ensure the applicability of the process to health engage17 ments conducted by the Department of Defense. 

18 SEC. 715. CLARIFICATION OF APPLICABILITY OF FEDERAL 

19 TORT CLAIMS ACT TO SUBCONTRACTORS EM20 PLOYED TO PROVIDE HEALTH CARE SERV21 ICES TO THE DEPARTMENT OF DEFENSE. 

22 Section 1089(a) of title 10, United States Code, is 

23 amended in the last sentence— 

24 (1) by striking ‘‘if the physician, dentist, nurse, 

25 pharmacist, or paramedical’’ and inserting ‘‘to such 

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1 a physician, dentist, nurse, pharmacist, or para2 medical’’; 

3 (2) by striking ‘‘involved is’’; and 

4 (3) by inserting before the period at the end the 

5 following: ‘‘or a subcontract at any tier under such 

6 a contract’’. 

7 SEC. 716. PILOT PROGRAM ON INCREASED THIRD-PARTY 

8 COLLECTION REIMBURSEMENTS IN MILITARY 

9 MEDICAL TREATMENT FACILITIES. 

10 (a) PILOT PROGRAM.— 

11 (1) IN GENERAL.—The Secretary of Defense, in 

12 coordination with the Secretaries of the military de13 partments, shall carry out a pilot program to assess 

14 the feasibility of using processes described in para15 graph (2) to increase the amounts collected under sec16 tion 1095 of title 10, United States Code, from a 

17 third-party payer for charges for health care services 

18 incurred by the United States at a military medical 

19 treatment facility. 

20 (2) PROCESSES DESCRIBED.—The processes de21 scribed in this paragraph are revenue-cycle improve22 ment processes, including cash-flow management and 

23 accounts-receivable processes. 

24 (b) REQUIREMENTS.—In carrying out the pilot pro25 gram under subsection (a)(1), the Secretary shall— 

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1 (1) identify and analyze the best practice options 

2 with respect to the processes described in subsection 

3 (a)(2) that are used in nonmilitary health care facili4 ties; and 

5 (2) conduct a cost-benefit analysis to assess the 

6 pilot program, including an analysis of— 

7 (A) the different processes used in the pilot 

8 program; 

9 (B) the amount of third-party collections 

10 that resulted from such processes; 

11 (C) the cost to implement and sustain such 

12 processes; and 

13 (D) any other factors the Secretary deter14 mines appropriate to assess the pilot program. 

15 (c) LOCATIONS.—The Secretary shall carry out the 

16 pilot program under subsection (a)(1) at not less than two 

17 military installations of different military departments 

18 that meet the following criteria: 

19 (1) There is a military medical treatment facil20 ity that has inpatient and outpatient capabilities at 

21 the installation. 

22 (2) At least 40 percent of the military bene23 ficiary population residing in the catchment area 

24 surrounding the installation is potentially covered by 

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1 a third-party payer (as defined in section 1095(h)(1) 

2 of title 10, United States Code). 

3 (d) DURATION.—The Secretary shall commence the 

4 pilot program under subsection (a)(1) by not later than 270 

5 days after the date of the enactment of this Act and shall 

6 carry out such program for three years. 

7 (e) REPORT.—Not later than 180 days after com8 pleting the pilot program under subsection (a)(1), the Sec9 retary shall submit to the congressional defense committees 

10 a report describing the results of the program, including— 

11 (1) a comparison of— 

12 (A) the processes described in subsection 

13 (a)(2) that were used in the military medical 

14 treatment facilities participating in the pro15 gram; and 

16 (B) the third-party collection processes used 

17 by military medical treatment facilities not in18 cluded in the program; 

19 (2) a cost analysis of implementing the processes 

20 described in subsection (a)(2) for third-party collec21 tions at military medical treatment facilities; and 

22 (3) an assessment of the program, including any 

23 recommendations to improve third-party collections. 

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1 SEC. 717. PILOT PROGRAM FOR REFILLS OF MAINTENANCE 

2 MEDICATIONS FOR TRICARE FOR LIFE BENE3 FICIARIES THROUGH THE TRICARE MAIL4 ORDER PHARMACY PROGRAM. 

5 (a) IN GENERAL.—The Secretary of Defense shall con6 duct a pilot program to refill prescription maintenance 

7 medications for each TRICARE for Life beneficiary through 

8 the national mail-order pharmacy program under section 

9 1074g(a)(2)(E)(iii) of title 10, United States Code. 

10 (b) MEDICATIONS COVERED.— 

11 (1) DETERMINATION.—The Secretary shall deter12 mine the prescription maintenance medications in13 cluded in the pilot program under subsection (a). 

14 (2) SUPPLY.—In carrying out the pilot program 

15 under subsection (a), the Secretary shall ensure that 

16 the medications included in the program are— 

17 (A) generally available to the TRICARE for 

18 Life beneficiary through retail pharmacies only 

19 for an initial filling of a 30-day or less supply; 

20 and 

21 (B) any refills of such medications are ob22 tained through the national mail-order phar23 macy program. 

24 (3) EXEMPTION.— The Secretary may exempt 

25 the following prescription maintenance medications 

26 from the requirements in paragraph (2): 

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1 (A) Such medications that are for acute 

2 care needs. 

3 (B) Such other medications as the Secretary 

4 determines appropriate. 

5 (c) NONPARTICIPATION.— 

6 (1) OPT OUT.—The Secretary shall give 

7 TRICARE for Life beneficiaries who have been cov8 ered by the pilot program under subsection (a) for a 

9 period of one year an opportunity to opt out of con10 tinuing to participate in the program. 

11 (2) WAIVER.—The Secretary may waive the re12 quirement of a TRICARE for Life beneficiary to par13 ticipate in the pilot program under subsection (a) if 

14 the Secretary determines, on an individual basis, that 

15 such waiver is appropriate. 

16 (d) TRICARE FOR LIFE BENEFICIARY DEFINED.—In 

17 this section, the term ‘‘TRICARE for Life beneficiary’’ 

18 means a TRICARE beneficiary enrolled in the Medicare 

19 wraparound coverage option of the TRICARE program 

20 made available to the beneficiary by reason of section 

21 1086(d) of title 10, United States Code. 

22 (e) REPORTS.—Not later than March 31 of each year 

23 beginning in 2014 and ending in 2018, the Secretary shall 

24 submit to the congressional defense committees a report on 

25 the pilot program under subsection (a), including the effects 

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1 of offering incentives for the use of mail order pharmacies 

2 by TRICARE beneficiaries and the effect on retail phar3 macies. 

4 (f) SUNSET.—The Secretary may not carry out the 

5 pilot program under subsection (a) after December 31, 

6 2017. 

7 SEC. 718. COST-SHARING RATES FOR PHARMACY BENEFITS 

8 PROGRAM OF THE TRICARE PROGRAM. 

9 (a) IN GENERAL.—Section 1074g(a)(6) of title 10, 

10 United States Code, is amended— 

11 (1) by amending subparagraph (A) to read as 

12 follows: 

13 ‘‘(A) The Secretary, in the regulations prescribed 

14 under subsection (h), shall establish cost-sharing require15 ments under the pharmacy benefits program. In accordance 

16 with subparagraph (C), such cost-sharing requirements 

17 shall consist of the following: 

18 ‘‘(i) With respect to each supply of a prescrip19 tion covering not more than 30 days that is obtained 

20 by a covered beneficiary under the TRICARE retail 

21 pharmacy program— 

22 ‘‘(I) in the case of generic agents, $5; 

23 ‘‘(II) in the case of formulary agents, $17; 

24 and 

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1 ‘‘(III) in the case of nonformulary agents, 

2 $44. 

3 ‘‘(ii) With respect to each supply of a prescrip4 tion covering not more than 90 days that is obtained 

5 by a covered beneficiary under the national mail6 order pharmacy program— 

7 ‘‘(I) in the case of generic agents, $0; 

8 ‘‘(II) in the case of formulary agents, $13; 

9 and 

10 ‘‘(III) in the case of nonformulary agents, 

11 $43.’’; and 

12 (2) by adding at the end the following new sub13 paragraph: 

14 ‘‘(C) Beginning October 1, 2013, the Secretary may 

15 only increase in any year the cost-sharing amount estab16 lished under subparagraph (A) by an amount equal to the 

17 percentage by which retired pay is increased under section 

18 1401a of this title.’’. 

19 (b) EFFECTIVE DATE.—The cost-sharing requirements 

20 under section 1074g(a)(6)(A) of title 10, United States 

21 Code, as amended by subsection (a)(1), shall apply with re22 spect to prescriptions obtained under the TRICARE phar23 macy benefits program on or after October 1, 2012. 

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1 SEC. 719. REVIEW OF THE ADMINISTRATION OF THE MILI2 TARY HEALTH SYSTEM. 

3 Section 716(a)(1) of the National Defense Authoriza4 tion Act for Fiscal Year 2012 (Public Law 112–81; 125 

5 Stat. 1477) is amended by striking ‘‘until a 120-day pe6 riod’’ and all that follows through the period and inserting 

7 the following: ‘‘until the Secretary implements and com8 pletes any recommendations included in the report sub9 mitted by the Comptroller General of the United States 

10 under subsection (b)(3) and notifies the congressional de11 fense committees of such implementation and completion.’’. 

12 Subtitle C—Reports and Other 

13 Matters 

14 SEC. 721. EXTENSION OF COMPTROLLER GENERAL REPORT 

15 ON CONTRACT HEALTH CARE STAFFING FOR 

16 MILITARY MEDICAL TREATMENT FACILITIES. 

17 Section 726(a) of the National Defense Authorization 

18 Act for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 

19 1480) is amended by striking ‘‘March 31, 2012’’ and insert20 ing ‘‘March 31, 2013’’. 

21 SEC. 722. EXTENSION OF COMPTROLLER GENERAL REPORT 

22 ON WOMEN-SPECIFIC HEALTH SERVICES AND 

23 TREATMENT FOR FEMALE MEMBERS OF THE 

24 ARMED FORCES. 

25 Section 725(c) of the National Defense Authorization 

26 Act for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 

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1 1480) is amended by striking ‘‘December 31, 2012’’ and in2 serting ‘‘March 31, 2013’’. 

3 SEC. 723. ESTABLISHMENT OF TRICARE WORKING GROUP. 

4 (a) SENSE OF CONGRESS.—It is the sense of Congress 

5 that— 

6 (1) children of members of the Armed Forces de7 serve health-care practices and policies that— 

8 (A) are designed to meet their pediatric-spe9 cific needs; 

10 (B) are developed and determined 

11 proactively and comprehensively; and 

12 (C) ensure and maintain their access to pe13 diatric-specific treatments, providers, and facili14 ties. 

15 (2) children’s health-care needs and standards of 

16 care are different and distinct from those of adults, 

17 therefore the TRICARE program should undertake a 

18 proactive, comprehensive approach to review and 

19 analyze its policies and practices to meet the needs of 

20 children to ensure that children and their families re21 ceive appropriate care in proper settings and avoid 

22 unnecessary challenges in seeking or obtaining proper 

23 health care; 

24 (3) a proactive and comprehensive review is nec25 essary because the reimbursement structure of the 

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1 TRICARE program is patterned upon Medicare and 

2 the resulting policies and practices of the TRICARE 

3 program do not always properly reflect appropriate 

4 standards for pediatric care; 

5 (4) one distinct aspect of children’s health care 

6 is the need for specialty care and services for children 

7 with special-health-care needs and chronic-health con8 ditions; 

9 (5) the requirement for specialized health care 

10 and developmental support is an ongoing and serious 

11 matter of day-to-day life for families with children 

12 with special or chronic-health-care needs; 

13 (6) the Department of Defense and the 

14 TRICARE program, recognizing the special needs of 

15 certain children, have instituted special-needs pro16 grams, including the ECHO program, but there are 

17 collateral needs that are not being met, generally be18 cause the services are provided in the local commu19 nity rather than by the Department of Defense, who 

20 may not always have the best tools or knowledge to 

21 access these State and local resources; 

22 (7) despite wholehearted efforts by the Depart23 ment of Defense, a gap exists between linking mili24 tary families with children with special-health-care 

25 needs and chronic conditions with the resources and 

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1 services available from local or regional highly spe2 cialized providers and the communities and States in 

3 which they reside; 

4 (8) the gap is especially exacerbated by the mo5 bility of military families, who often move from State 

6 to State, because special-needs health care, edu7 cational, and social services are very specific to each 

8 local community and State and such services often 

9 have lengthy waiting lists; and 

10 (9) the Department of Defense will be better able 

11 to assist military families with children with special12 health-care needs fill the gap by collaborating with 

13 special-health-care needs providers and those knowl14 edgeable about the opportunities for such children that 

15 are provided by States and local communities. 

16 (b) ESTABLISHMENT.— 

17 (1) IN GENERAL.—The Secretary of Defense shall 

18 establish a working group to carry out a review of the 

19 TRICARE program with respect to— 

20 (A) pediatric health care needs under para21 graph (2); and 

22 (B) pediatric special and chronic health 

23 care needs under paragraph (3). 

24 (2) PEDIATRIC HEALTH CARE NEEDS.— 

25 (A) DUTIES.—The working group shall— 

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1 (i) comprehensively review the policy 

2 and practices of the TRICARE program 

3 with respect to providing pediatric health 

4 care; 

5 (ii) recommend changes to such policies 

6 and practices to ensure that— 

7 (I) children receive appropriate 

8 care in an appropriate manner, at the 

9 appropriate time, and in an appro10 priate setting; and 

11 (II) access to care and treatment 

12 provided by pediatric providers and 

13 children’s hospitals remains available 

14 for families with children; and 

15 (iii) develop a plan to implement such 

16 changes. 

17 (B) REVIEW.—In carrying out the duties 

18 under subparagraph (A), the working group 

19 shall— 

20 (i) identify improvements in policies, 

21 practices, and administration of the 

22 TRICARE program with respect to pedi23 atric-specific health care and pediatric-spe24 cific healthcare settings; 

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1 (ii) analyze the direct and indirect ef2 fects of the reimbursement policies and 

3 practices of the TRICARE program with re4 spect to pediatric care and care provided in 

5 pediatric settings; 

6 (iii) consider case management pro7 grams with respect to pediatric complex 

8 and chronic care, including whether pedi9 atric specific programs are necessary; 

10 (iv) develop a plan to ensure that the 

11 TRICARE program addresses pediatric-spe12 cific health care needs on an on-going basis 

13 beyond the life of the working group; 

14 (v) consider how the TRICARE pro15 gram can work with the pediatric provider 

16 community to ensure access, promote com17 munication and collaboration, and optimize 

18 experiences of military families seeking and 

19 receiving health care services for children; 

20 and 

21 (vi) review matters that further the 

22 mission of the working group. 

23 (3) PEDIATRIC SPECIAL AND CHRONIC HEALTH

24 CARE NEEDS.— 

25 (A) DUTIES.—The working group shall— 

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1 (i) review the methods in which fami2 lies in the TRICARE program who have 

3 children with special-health-care needs ac4 cess community resources and health-care 

5 resources; 

6 (ii) review how having access to, and 

7 a better understanding of, community re8 sources may improve access to health care 

9 and support services; 

10 (iii) recommend methods to accomplish 

11 improved access by such children and fami12 lies to community resources and health-care 

13 resources, including through collaboration 

14 with children’s hospitals and other pro15 viders of pediatric specialty care, local 

16 agencies, local communities, and States; 

17 (iv) consider approaches and make rec18 ommendations for the improved integration 

19 of individualized or compartmentalized 

20 medical and family support resources for 

21 military families; 

22 (v) work closely with the Office of 

23 Community Support for Military Families 

24 with Special Needs of the Department of 

25 Defense and other relevant offices to avoid 

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1 redundancies and target shared areas of 

2 concern for children with special or chronic3 health-care needs; and 

4 (vi) review any relevant information 

5 learned and findings made by the working 

6 group under this paragraph that may be 

7 considered or adopted in a consistent man8 ner with respect to improving access, re9 sources, and services for adults with special 

10 needs. 

11 (B) REVIEW.—In carrying out the duties 

12 under subparagraph (A), the working group 

13 shall— 

14 (i) discuss improvements to special 

15 needs health care policies and practices; 

16 (ii) determine how to support and pro17 tect families of members of the National 

18 Guard or Reserve Components as the mem19 bers transition into and out of the relevant 

20 Exceptional Family Member Program or 

21 the ECHO program; 

22 (iii) analyze case management services 

23 to improve consistency, communication, 

24 knowledge, and understanding of resources 

25 and community contacts; 

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1 (iv) identify areas in which a State 

2 may offer services that are not covered by 

3 the TRICARE program or the ECHO pro4 gram and how to coordinate such services; 

5 (v) identify steps that States and com6 munities can take to improve support for 

7 military families of children with special 

8 health care needs; 

9 (vi) consider how the TRICARE pro10 gram and other programs of the Depart11 ment of Defense can work with specialty pe12 diatric providers and resource communities 

13 to ensure access, promote communication 

14 and collaboration, and optimize experiences 

15 of military families seeking and receiving 

16 health care services for their children with 

17 special or chronic health care needs; 

18 (vii) consider special and chronic 

19 health care in a comprehensive manner 

20 without focus on one or more conditions or 

21 diagnoses to the exclusion of others; 

22 (viii) focus on ways to create innova23 tive partnerships, linkages, and access to in24 formation and resources for military fami25 lies across the spectrum of the special-needs 

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1 community and between the medical com2 munity and the family support community; 

3 and 

4 (ix) review matters that further the 

5 mission of the working group. 

6 (c) MEMBERSHIP.— 

7 (1) APPOINTMENTS.—The working group shall be 

8 composed of not less than 14 members as follows: 

9 (A) The Chief Medical Officer of the 

10 TRICARE program, who shall serve as chair11 person. 

12 (B) The Chief Medical Officers of the North, 

13 South, and West regional offices of the 

14 TRICARE program. 

15 (C) One individual representing the Army 

16 appointed by the Surgeon General of the Army. 

17 (D) One individual representing the Navy 

18 appointed by the Surgeon General of the Navy. 

19 (E) One individual representing the Air 

20 Force appointed by the Surgeon General of the 

21 Air Force. 

22 (F) One individual representing the re23 gional managed care support contractor of the 

24 North region of the TRICARE program ap25 pointed by such contractor. 

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1 (G) One individual representing the re2 gional managed care support contractor of the 

3 South region of the TRICARE program ap4 pointed by such contractor. 

5 (H) One individual representing the re6 gional managed care support contractor of the 

7 West region of the TRICARE program appointed 

8 by such contractor. 

9 (I) Not more than three individuals rep10 resenting the non-profit organization the Mili11 tary Coalition appointed by such organization. 

12 (J) One individual representing the Amer13 ican Academy of Pediatrics appointed by such 

14 organization. 

15 (K) One individual representing the Na16 tional Association of Children’s Hospitals ap17 pointed by such organization. 

18 (L) One individual representing military 

19 families who is not an employee of an organiza20 tion representing such families. 

21 (M) Any other individual as determined by 

22 the Chief Medical Officer of the TRICARE pro23 gram. 

24 (2) TERMS.—Each member shall be appointed 

25 for the life of the working group. A vacancy in the 

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1 working group shall be filled in the manner in which 

2 the original appointment was made. 

3 (3) TRAVEL EXPENSES.—Each member shall re4 ceive travel expenses, including per diem in lieu of 

5 subsistence, in accordance with applicable provisions 

6 under subchapter I of chapter 57 of title 5, United 

7 States Code. 

8 (4) STAFF.—The Secretary of Defense shall en9 sure that employees of the TRICARE program pro10 vide the working group with the necessary support to 

11 carry out this section. 

12 (d) MEETINGS.— 

13 (1) SCHEDULE.—The working group shall— 

14 (A) convene its first meeting not later than 

15 60 days after the date of the enactment of this 

16 Act; and 

17 (B) convene not less than four other times. 

18 (2) FORM.—Any meeting of the working group 

19 may be conducted in-person or through the use of 

20 video conferencing. 

21 (3) QUORUM.—Seven members of the working 

22 group shall constitute a quorum but a lesser number 

23 may hold hearings. 

24 (e) ADVICE.—With respect to carrying out the review 

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1 ic health care needs under subsection (b)(3), the working 

2 group shall seek counsel from the following individuals act3 ing as an expert advisory group: 

4 (1) One individual representing the Exceptional 

5 Family Member Program of the Army. 

6 (2) One individual representing the Exceptional 

7 Family Member Program of the Navy. 

8 (3) One individual representing the Exceptional 

9 Family Member Program of the Air Force. 

10 (4) One individual representing the Exceptional 

11 Family Member Program of the Marine Corps. 

12 (5) One individual representing the Office of 

13 Community Support for Military Families with Spe14 cial Needs. 

15 (6) One individual who is not an employee of an 

16 organization representing military families shall rep17 resent a military family with a child with special 

18 health care needs. 

19 (7) Not more than three individuals representing 

20 organizations that— 

21 (A) are not otherwise represented in this 

22 paragraph or in the working group; and 

23 (B) possess expertise needed to carry out the 

24 goals of the working group. 

25 (f) REPORTS REQUIRED.— 

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1 (1) REPORT.—Not later than 12 months after the 

2 date on which the working group convenes its first 

3 meeting, the working group shall submit to the con4 gressional defense committees a report including— 

5 (A) any changes described in subsection 

6 (b)(2)(A)(ii) identified by the working group 

7 that— 

8 (i) require legislation to carry out, in9 cluding proposed legislative language for 

10 such changes; 

11 (ii) require regulations to carry out, 

12 including proposed regulatory language for 

13 such changes; and 

14 (iii) may be carried out without legis15 lation or regulations, including a time line 

16 for such changes; and 

17 (B) steps that States and local communities 

18 may take to improve the experiences of military 

19 families with special-needs children in inter20 acting with and accessing State and local com21 munity resources. 

22 (2) FINAL REPORT.—Not later than 18 months 

23 after the date on which the report is submitted under 

24 paragraph (1), the working group shall submit to the 

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1 congressional defense committees a final report in2 cluding— 

3 (A) any additional information and up4 dates to the report submitted under paragraph 

5 (1); 

6 (B) information with respect to how the 

7 Secretary of Defense is implementing the changes 

8 identified in the report submitted under para9 graph (1); and 

10 (C) information with respect to any steps 

11 described in subparagraph (B) of such para12 graph that were taken by States and local com13 munities after the date on which such report was 

14 submitted. 

15 (g) TERMINATION.—The working group shall termi16 nate on the date that is 30 days after the date on which 

17 the working group submits the final report pursuant to sub18 section (f)(2). 

19 (h) DEFINITIONS.—In this Act: 

20 (1) The term ‘‘children’’ means dependents of a 

21 member of the Armed Forces who are— 

22 (A) individuals who have not yet attained 

23 the age of 21; or 

24 (B) individuals who have not yet attained 

25 the age of 27 if the inclusion of such dependents 

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1 is applicable and relevant to a program or pol2 icy being reviewed under this Act. 

3 (2) The term ‘‘congressional defense committees’’ 

4 has the meaning given that term in section 

5 101(a)(16) of title 10, United States Code. 

6 (3) The term ‘‘ECHO program’’ means the pro7 gram established pursuant to subsections (d) through 

8 (e) of section 1079 of title 10, United States Code 

9 (commonly referred to as the ‘‘Extended Care Health 

10 Option program’’). 

11 (4) The term ‘‘TRICARE program’’ means the 

12 managed health care program that is established by 

13 the Department of Defense under chapter 55 of title 

14 10, United States Code. 

15 SEC. 724. REPORT ON STRATEGY TO TRANSITION TO USE 

16 OF HUMAN-BASED METHODS FOR CERTAIN 

17 MEDICAL TRAINING. 

18 (a) REPORT.— 

19 (1) IN GENERAL.—Not later than March 1, 2013, 

20 the Secretary of Defense shall submit to the congres21 sional defense committees a report that outlines a 

22 strategy to refine, reduce, and, when appropriate, 

23 transition to using human-based training methods for 

24 the purpose of training members of the Armed Forces 

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1 in the treatment of combat trauma injuries by Octo2 ber 1, 2017. 

3 (2) ELEMENTS.—The report under paragraph 

4 (1) shall include the following: 

5 (A) Required research, development, testing, 

6 and evaluation investments to validate human7 based training methods to refine, reduce, and, 

8 when appropriate, transition to the use of live 

9 animals in medical education and training by 

10 October 1, 2015. 

11 (B) Phased sustainment and readiness costs 

12 to refine, reduce, and, when appropriate, replace 

13 the use of live animals in medical education and 

14 training by October 1, 2017. 

15 (C) Any risks associated with transitioning 

16 to human-based training methods, including re17 source availability, anticipated technological de18 velopment time lines, and potential impact on 

19 the present combat trauma training curricula. 

20 (D) An assessment of the potential affect of 

21 transitioning to human based-training methods 

22 on the quality of medical care delivered on the 

23 battlefield including any reduction in the com24 petency of combat medical personnel. 

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1 (E) An assessment of risks to maintaining 

2 the level of combat life-saver techniques per3 formed by all members of the Armed Forces. 

4 (b) UPDATED ANNUAL REPORTS.—Not later than 

5 March 1, 2014, and each year thereafter, the Secretary shall 

6 submit to the congressional defense committees a report on 

7 the development and implementation of human-based train8 ing methods for the purposes of training members of the 

9 Armed Forces in the treatment of combat trauma injuries 

10 under this section. 

11 (c) DEFINITIONS.—In this section: 

12 (1) The term ‘‘combat trauma injuries’’ means 

13 severe injuries likely to occur during combat, includ14 ing— 

15 (A) extremity hemorrhage; 

16 (B) tension pneumothorax; 

17 (C) amputation resulting from blast injury; 

18 (D) compromises to the airway; and 

19 (E) other injuries. 

20 (2) The term ‘‘human-based training methods’’ 

21 means, with respect to training individuals in med22 ical treatment, the use of systems and devices that do 

23 not use animals, including— 

24 (A) simulators; 

25 (B) partial task trainers; 

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1 (C) moulage; 

2 (D) simulated combat environments; and 

3 (E) human cadavers. 

4 (3) The term ‘‘partial task trainers’’ means 

5 training aids that allow individuals to learn or prac6 tice specific medical procedures. 

7 TITLE VIII—ACQUISITION POL8 ICY, ACQUISITION MANAGE9 MENT, AND RELATED MAT10 TERS 

11 Subtitle A—Acquisition Policy and 

12 Management 

13 SEC. 801. PILOT EXEMPTION REGARDING TREATMENT OF 

14 PROCUREMENTS ON BEHALF OF THE DE15 PARTMENT OF DEFENSE IN ACCORDANCE 

16 WITH THE DEPARTMENT OF ENERGY’S WORK 

17 FOR OTHERS PROGRAM. 

18 (a) EXEMPTION FROM INSPECTOR GENERAL REVIEWS

19 AND DETERMINATIONS.—Subsection (a) of section 801 of 

20 the National Defense Authorization Act for Fiscal Year 

21 2008 (Public Law 110–181; 10 U.S.C. 2304 note) is amend22 ed by adding at the end the following new paragraph: 

23 ‘‘(7) TREATMENT OF PROCUREMENTS THROUGH

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1 ning on the date of the enactment of the National De2 fense Authorization Act for Fiscal Year 2013, the pro3 curement of property or services on behalf of the De4 partment of Defense pursuant to an interagency 

5 agreement between the Department of Defense and the 

6 Department of Energy in accordance with the De7 partment of Energy’s Work For Others Program, 

8 under which the property or services are provided by 

9 a management and operating contractor of the De10 partment of Energy and are procured on behalf of the 

11 Department of Defense, shall not be considered a pro12 curement of property or services on behalf of the De13 partment of Defense by a covered non-defense agen14 cy.’’. 

15 (b) EXEMPTION FROM CERTAIN CERTIFICATION RE16 QUIREMENTS.—Subsection (b) of such section is amended— 

17 (1) in paragraph (1), by striking ‘‘paragraph 

18 (2)’’ and inserting ‘‘paragraphs (2) and (4)’’; and 

19 (2) by adding at the end the following new para20 graph: 

21 ‘‘(4) EXCEPTION FOR PROCUREMENTS IN AC22 CORDANCE WITH THE DEPARTMENT OF ENERGY’S

23 WORK FOR OTHERS PROGRAM.—Effective during the 

24 24-month period beginning on the date of the enact25 ment of the National Defense Authorization Act for 

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1 Fiscal Year 2013, the limitation in paragraph (1) 

2 shall not apply to the procurement of property or 

3 services on behalf of the Department of Defense pursu4 ant to an interagency agreement between the Depart5 ment of Defense and the Department of Energy in ac6 cordance with the Department of Energy’s Work for 

7 Others Program, under which the property or services 

8 are provided by a management and operating con9 tractor of the Department of Energy and procured on 

10 behalf of the Department of Defense.’’. 

11 (c) CERTIFICATION.—Not later than 20 months after 

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

13 of Defense for Acquisition, Technology, and Logistics shall 

14 submit to the congressional defense committees the fol15 lowing: 

16 (1) A statement certifying whether the procure17 ment policies, procedures, and internal controls of the 

18 Department of Energy provide sufficient protection 

19 and oversight for Department of Defense funds ex20 pended through the Department of Energy Work for 

21 Others Program. 

22 (2) A recommendation regarding whether the 

23 pilot exemption granted by the amendments made by 

24 this section should be extended. 

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1 Subtitle B—Amendments to General 

2 Contracting Authorities, Proce3 dures, 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, is 

9 amended by striking ‘‘30 days of continuous session of Con10 gress’’ 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, sec15 tion 4202 of the Clinger–Cohen Act of 1996 (division D of 

16 Public Law 104–106; 110 Stat. 652; 10 U.S.C. 2304 note) 

17 is amended in subsection (e) by striking ‘‘2012’’ and insert18 ing ‘‘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 41, 

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1 United States Code, and section 1901(a) of title 41, United 

2 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 end 

9 the following new section: 

10 ‘‘§ 2335. Life-cycle management and product support 

11 ‘‘(a) GUIDANCE ON LIFE-CYCLE MANAGEMENT.—The 

12 Secretary of Defense shall issue and maintain comprehen13 sive guidance on life-cycle management and the develop14 ment and implementation of product support strategies for 

15 major weapon systems. The guidance issued pursuant to 

16 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 com20 ponent 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.— 

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1 ‘‘(1) REQUIREMENT.—The Secretary of Defense 

2 shall require that each major weapon system be sup3 ported by a product support manager in accordance 

4 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 sys9 tem; 

10 ‘‘(B) use advanced predictive analysis to the 

11 extent practicable to improve material avail12 ability and reliability, increase operational 

13 availability 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 product 

20 support outcomes through development and im21 plementation of appropriate product support ar22 rangements; 

23 ‘‘(E) adjust performance requirements and 

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1 essary to optimize implementation of the product 

2 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 analysis 

11 performed in support of the product support 

12 strategy; and 

13 ‘‘(H) ensure that the product support strat14 egy maximizes small business participation at 

15 the appropriate tiers and apply the requirements 

16 of section 15(g) of the Small Business Act (15 

17 U.S.C. 644(g)) in a manner that ensures that 

18 small business concerns are not inappropriately 

19 selected for performance as a prime contractor. 

20 ‘‘(c) DEFINITIONS.—In this section: 

21 ‘‘(1) PRODUCT SUPPORT.—The term ‘product 

22 support’ means the package of support functions re23 quired to field and maintain the readiness and oper24 ational capability of major weapon systems, submstockstill on DSK4VPTVN1PROD with BILLS

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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 ar6 rangement, or any type of agreement or non-contrac7 tual arrangement within the Federal Government, for 

8 the performance of sustainment or logistics support 

9 required for major weapon systems, subsystems, or 

10 components. The term includes arrangements for any 

11 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 Federal 

20 Government charged with integrating all sources of 

21 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 an 

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1 entity within the Department of Defense, an entity 

2 within the private sector, or a partnership between 

3 such entities. 

4 ‘‘(5) MAJOR WEAPON SYSTEM.—The term ‘major 

5 weapon system’ has the meaning given that term in 

6 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 is 

18 amended by adding at the end the following new item: 

‘‘2335. Life-cycle management and product support.’’. 

19 (b) REPEAL OF SUPERSEDED SECTION.—Section 805 

20 of the National Defense Authorization Act for Fiscal Year 

21 2010 (Public Law 111–84; 10 U.S.C. 2302) is repealed. 

22 SEC. 814. CODIFICATION OF REQUIREMENT RELATING TO 

23 GOVERNMENT PERFORMANCE OF CRITICAL 

24 ACQUISITION FUNCTIONS. 

25 (a) CODIFICATION.— 

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1 (1) IN GENERAL.—Subchapter I of chapter 87 of 

2 title 10, United States Code, is amended by adding 

3 at the end the following new section: 

4 ‘‘§ 1706. Government performance of certain acquisi5 tion functions 

6 ‘‘(a) GOAL.—It shall be the goal of the Department of 

7 Defense and each of the military departments to ensure 

8 that, for each major defense acquisition program and each 

9 major automated information system program, each of the 

10 following positions is performed by a properly qualified 

11 member of the armed forces or full-time employee of the De12 partment of Defense: 

13 ‘‘(1) Program manager. 

14 ‘‘(2) Deputy program manager. 

15 ‘‘(3) Product support manager. 

16 ‘‘(4) Chief engineer. 

17 ‘‘(5) Systems engineer. 

18 ‘‘(6) Chief developmental tester. 

19 ‘‘(7) Cost estimator. 

20 ‘‘(b) PLAN OF ACTION.—The Secretary of Defense shall 

21 develop and implement a plan of action for recruiting, 

22 training, and ensuring appropriate career development of 

23 military and civilian personnel to achieve the objective es24 tablished in subsection (a). 

25 ‘‘(c) DEFINITIONS.—In this section: 

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1 ‘‘(1) The term ‘major defense acquisition pro2 gram’ has the meaning given such term in section 

3 2430(a) of this title. 

4 ‘‘(2) The term ‘major automated information 

5 system program’ has the meaning given such term in 

6 section 2445a(a) of this title.’’. 

7 (2) CLERICAL AMENDMENT.—The table of sec8 tions at the beginning of such subchapter is amended 

9 by adding at the end the following new item: 

‘‘1706. Government performance of certain acquisition functions.’’. 

10 (b) REPEAL OF SUPERSEDED SECTION.—Section 820 

11 of the John Warner National Defense Authorization Act for 

12 Fiscal Year 2007 (Public Law 109–364; 10 U.S.C. 1701 

13 note) is repealed. 

14 SEC. 815. LIMITATION ON FUNDING PENDING CERTIFI15 CATION OF IMPLEMENTATION OF REQUIRE16 MENTS FOR COMPETITION. 

17 (a) LIMITATION ON FUNDING FOR CERTAIN OF18 FICES.—Of the funds authorized to be appropriated for fis19 cal year 2013 as specified in the funding table in section 

20 4301, not more than 80 percent of the funds authorized for 

21 the Office of the Secretary of Defense may be obligated or 

22 expended until the certification described in subsection (b) 

23 is submitted. 

24 (b) CERTIFICATION REQUIRED.—The Secretary of De25 fense shall certify to the congressional defense committees 

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1 that the Department of Defense is implementing the require2 ments of section 202(d) of the Weapon Systems Acquisition 

3 Reform Act of 2009 (Public Law 111-23; 10 U.S.C. 2430 

4 note). Such a certification shall be accompanied by— 

5 (1) a briefing to the congressional defense com6 mittees on processes and procedures that have been 

7 implemented across the military departments and De8 fense Agencies to maximize competition throughout 

9 the life-cycle of major defense acquisition programs, 

10 including actions to award contracts for performance 

11 of maintenance and sustainment of major weapon 

12 systems or subsystems and components of such sys13 tems; and 

14 (2) a representative sample of solicitations issued 

15 since May 22, 2009, intended to fulfill the objectives 

16 of such section 202(d). 

17 SEC. 816. CONTRACTOR RESPONSIBILITIES IN REGULA18 TIONS RELATING TO DETECTION AND AVOID19 ANCE OF COUNTERFEIT ELECTRONIC PARTS. 

20 Section 818(c)(2)(B) of the National Defense Author21 ization Act for Fiscal Year 2012 (Public Law 112–81; 125 

22 Stat. 1493; 10 U.S.C. 2302 note) is amended to read as 

23 follows: 

24 ‘‘(B) the cost of counterfeit electronic parts 

25 and suspect counterfeit electronic parts and the 

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1 cost of rework or corrective action that may be 

2 required to remedy the use or inclusion of such 

3 parts are not allowable costs under Department 

4 contracts, unless— 

5 ‘‘(i) the covered contractor has an oper6 ational system to detect and avoid counter7 feit parts and suspect counterfeit electronic 

8 parts that has been reviewed and approved 

9 by the Department of Defense pursuant to 

10 subsection (e)(2)(B); 

11 ‘‘(ii) the counterfeit electronic parts or 

12 suspect counterfeit electronic parts were— 

13 ‘‘(I) procured from a trusted sup14 plier in accordance with regulations 

15 described in paragraph (3); or 

16 ‘‘(II) provided to the contractor as 

17 Government property in accordance 

18 with part 45 of the Federal Acquisition 

19 Regulation; and 

20 ‘‘(iii) the covered contractor provides 

21 timely notice to the Government pursuant 

22 to paragraph (4).’’. 

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1 SEC. 817. ADDITIONAL DEFINITION RELATING TO PRODUC2 TION OF SPECIALTY METALS WITHIN THE 

3 UNITED STATES. 

4 Section 2533b(m) of title 10, United States Code, is 

5 amended by adding at the end the following new paragraph: 

6 ‘‘(11) The term ‘produced’, as used in subsections 

7 (a) and (b), means melted, or processed in a manner 

8 that results in physical or chemical property changes 

9 that are the equivalent of melting. The term does not 

10 include finishing processes such as rolling, heat treat11 ment, quenching, tempering, grinding, or shaving.’’. 

12 SEC. 818. REQUIREMENT FOR PROCUREMENT OF INFRARED 

13 TECHNOLOGIES FROM NATIONAL TECH14 NOLOGY AND INDUSTRIAL BASE. 

15 Section 2534(a) of title 10, United States Code, is 

16 amended by adding at the end the following new paragraph: 

17 ‘‘(6) INFRARED TECHNOLOGIES.—Infrared tech18 nologies, including focal plane arrays sensitive to in19 frared wavelengths, read-out integrated circuits, cryo20 genic coolers, Dewar technology, infrared sensor en21 gine assemblies, and infrared imaging systems.’’. 

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1 SEC. 819. COMPLIANCE WITH BERRY AMENDMENT RE2 QUIRED FOR UNIFORM COMPONENTS SUP3 PLIED TO AFGHAN MILITARY OR AFGHAN NA4 TIONAL POLICE. 

5 (a) REQUIREMENT.—In the case of any textile compo6 nents supplied by the Department of Defense to the Afghan 

7 National Army or the Afghan National Police for purposes 

8 of production of uniforms, section 2533a of title 10, United 

9 States Code, shall apply, and no exceptions or exemptions 

10 under that section shall apply. 

11 (b) EFFECTIVE DATE.—This section shall apply to so12 licitations issued and contracts awarded for the procure13 ment of such components after the date of the enactment 

14 of this Act. 

15 Subtitle C—Provisions Relating to 

16 Contracts in Support of Contin17 gency Operations in Iraq or Af18 ghanistan 

19 SEC. 821. EXTENSION AND EXPANSION OF AUTHORITY TO 

20 ACQUIRE PRODUCTS AND SERVICES PRO21 DUCED IN COUNTRIES ALONG A MAJOR 

22 ROUTE OF SUPPLY TO AFGHANISTAN. 

23 (a) EXTENSION OF TERMINATION DATE.—Subsection 

24 (f) of section 801 of the National Defense Authorization Act 

25 for Fiscal Year 2010 (Public Law 111–84; 123 Stat. 2399) 

26 is amended by striking ‘‘on or after the date occurring three 

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1 years after the date of the enactment of this Act’’ and insert2 ing ‘‘after December 31, 2014’’. 

3 (b) EXPANSION OF AUTHORITY TO COVER FORCES OF

4 THE UNITED STATES AND COALITION FORCES.—Subsection 

5 (b)(1) of such section is amended— 

6 (1) in subparagraph (B), by striking ‘‘or’’ at the 

7 end; 

8 (2) in subparagraph (C), by adding ‘‘or’’ at the 

9 end; and 

10 (3) by adding at the end the following: 

11 ‘‘(D) by the United States or coalition 

12 forces in Afghanistan if the product or service is 

13 from a country that has agreed to allow the 

14 transport of coalition personnel, equipment, and 

15 supplies;’’. 

16 (c) LIMITATION.—Such section is amended— 

17 (1) by redesignating subsections (d), (e), (f), and 

18 (g) as subsections (e), (f), (g), and (h), respectively; 

19 and 

20 (2) by inserting after subsection (c) the fol21 lowing: 

22 ‘‘(d) LIMITATION.—The Secretary may not use the au23 thority provided in subsection (a) to procure goods or serv24 ices from Pakistan until such time as the Government of 

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1 nication for the movement of United States equipment and 

2 supplies through Pakistan.’’. 

3 (d) REPEAL OF EXPIRED REPORT REQUIREMENT.— 

4 Subsection (h) of such section, as redesignated by subsection 

5 (c) of this section, is repealed. 

6 (e) CLERICAL AMENDMENT.—The heading of such sec7 tion is amended by striking ‘‘; REPORT’’. 

8 SEC. 822. LIMITATION ON AUTHORITY TO ACQUIRE PROD9 UCTS AND SERVICES PRODUCED IN AFGHANI10 STAN. 

11 Section 886 of the National Defense Authorization Act 

12 for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 266; 

13 10 U.S.C. 2302 note) is amended— 

14 (1) in the section heading, by striking ‘‘IRAQ

15 AND’’; 

16 (2) by striking ‘‘Iraq or’’ each place it appears; 

17 and 

18 (3) in subsection (b)— 

19 (A) by inserting ‘‘(A)’’ after ‘‘(1)’’; 

20 (B) in paragraph (2)— 

21 (i) by redesignating clauses (i) and (ii) 

22 of subparagraph (B) as subclauses (I) and 

23 (II), respectively, and in subclause (II), as 

24 so redesignated, by striking the period at 

25 the end and inserting ‘‘; and’’; 

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1 (ii) by redesignating subparagraphs 

2 (A) and (B) as clauses (i) and (ii), respec3 tively; and 

4 (iii) by striking ‘‘(2)’’ and inserting 

5 ‘‘(B)’’; and 

6 (C) by adding at the end the following new 

7 paragraph (2): 

8 ‘‘(2) the Government of Afghanistan is not tax9 ing assistance provided by the United States to Af10 ghanistan in violation of any bilateral or other agree11 ment with the United States.’’. 

12 Subtitle D—Other Matters 

13 SEC. 831. ENHANCEMENT OF REVIEW OF ACQUISITION 

14 PROCESS FOR RAPID FIELDING OF CAPABILI15 TIES IN RESPONSE TO URGENT OPER16 ATIONAL NEEDS. 

17 Section 804(b)(3) of the Ike Skelton National Defense 

18 Authorization Act for Fiscal Year 2011 (Public Law 111– 

19 383; 124 Stat. 4256; 10 U.S.C. 2302 note) is amended— 

20 (1) by inserting ‘‘and’’ at the end of subpara21 graph (B); 

22 (2) by striking ‘‘; and’’ at the end of subpara23 graph (C) and inserting a period; and 

24 (3) by striking subparagraph (D). 

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1 SEC. 832. LOCATION OF CONTRACTOR-OPERATED CALL 

2 CENTERS IN THE UNITED STATES. 

3 The Secretary of Defense shall ensure that any call cen4 ter operated pursuant to a contract entered into by the Sec5 retary or by the head of any of the military departments 

6 is located in the United States. 

7 TITLE IX—DEPARTMENT OF DE8 FENSE ORGANIZATION AND 

9 MANAGEMENT 

10 Subtitle A—Department of Defense 

11 Management 

12 SEC. 901. ADDITIONAL DUTIES OF DEPUTY ASSISTANT SEC13 RETARY OF DEFENSE FOR MANUFACTURING 

14 AND INDUSTRIAL BASE POLICY AND AMEND15 MENTS TO STRATEGIC MATERIALS PROTEC16 TION BOARD. 

17 (a) FINDINGS.—Congress finds the following: 

18 (1) The Defense Logistics Agency has made little 

19 progress in addressing the findings and recommenda20 tions from the April 2009 report of the Department 

21 of Defense report titled ‘‘Reconfiguration of the Na22 tional Defense Stockpile Report to Congress’’. 

23 (2) The office of the Deputy Assistant Secretary 

24 of Defense for Manufacturing and Industrial Base 

25 Policy has historically analyzed the United States de26 fense industrial base from the point of view of prime 

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1 contractors and original equipment manufacturers 

2 and has provided insufficient attention to producers 

3 of materials critical to national security, including 

4 raw materials producers. 

5 (3) Responsibility for the secure supply of mate6 rials critical to national security, which supports the 

7 defense industrial base, is decentralized throughout 

8 the Department of Defense. 

9 (4) The office of the Deputy Assistant Secretary 

10 of Defense for Manufacturing and Industrial Base 

11 Policy should expand its focus to consider both a top12 down view of the supply chain, beginning with prime 

13 contractors, and a bottom-up view that begins with 

14 raw materials suppliers. 

15 (5) To enable this focus and support a more co16 herent, comprehensive strategy as it pertains to mate17 rials critical to national security, the office of the 

18 Deputy Assistant Secretary of Defense for Manufac19 turing and Industrial Base Policy should develop pol20 icy, conduct oversight, and monitor resource alloca21 tion for agencies of the Department of Defense, in22 cluding the Defense Logistics Agency, for all activities 

23 that pertain to ensuring a secure supply of materials 

24 critical to national security. 

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1 (6) The Strategic Materials Protection Board 

2 should be reconfigured so as to be chaired by the Dep3 uty Assistant Secretary of Defense for Manufacturing 

4 and Industrial Base Policy and should fully execute 

5 its duties and responsibilities. 

6 (b) APPOINTMENT OF DEPUTY ASSISTANT SEC7 RETARY.—Section 139c(a) of title 10, United States Code, 

8 is amended by striking ‘‘appointed by’’ and all that follows 

9 through the end of the subsection and inserting ‘‘appointed 

10 by the Secretary of Defense.’’. 

11 (c) RESPONSIBILITIES OF DEPUTY ASSISTANT SEC12 RETARY.—Section 139c(b) of such title is amended— 

13 (1) by striking paragraphs (1) through (4) and 

14 inserting the following: 

15 ‘‘(1) Providing input to strategy reviews, includ16 ing quadrennial defense reviews conducted pursuant 

17 to section 118 of this title, on matters related to— 

18 ‘‘(A) the defense industrial base; and 

19 ‘‘(B) materials critical to national security. 

20 ‘‘(2) Establishing policies of the Department of 

21 Defense for developing and maintaining the defense 

22 industrial base of the United States and ensuring a 

23 secure supply of materials critical to national secu24 rity. 

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1 ‘‘(3) Providing recommendations to the Under 

2 Secretary on budget matters pertaining to the indus3 trial base, the supply chain, and the development and 

4 retention of skills necessary to support the industrial 

5 base. 

6 ‘‘(4) Providing recommendations and acquisition 

7 policy guidance to the Under Secretary on supply 

8 chain management and supply chain vulnerability 

9 throughout the entire supply chain, from suppliers of 

10 raw materials to producers of major end items.’’. 

11 (2) by striking paragraph (5) and redesignating 

12 paragraphs (6), (7), (8), (9), and (10) as paragraphs 

13 (5), (6), (7), (8), and (9), respectively; 

14 (3) by inserting after paragraph (9), as so redes15 ignated, the following new paragraph (10): 

16 ‘‘(10) Providing policy and oversight of matters 

17 related to materials critical to national security to 

18 ensure a secure supply of such materials to the De19 partment of Defense.’’. 

20 (4) by redesignating paragraph (15) as para21 graph (18); and 

22 (5) by inserting after paragraph (14) the fol23 lowing new paragraphs: 

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1 ‘‘(15) Coordinating with the Director of Small 

2 Business Programs on all matters related to indus3 trial base policy of the Department of Defense. 

4 ‘‘(16) Ensuring reliable sources of materials crit5 ical to national security, such as specialty metals, 

6 armor plate, and rare earth elements. 

7 ‘‘(17) Establishing policies of the Department of 

8 Defense for continued reliable resource availability 

9 from domestic sources and allied nations for the in10 dustrial base of the United States.’’. 

11 (d) MATERIALS CRITICAL TO NATIONAL SECURITY DE12 FINED.—Section 139c of such title is further amended by 

13 adding at the end the following new subsection: 

14 ‘‘(d) MATERIALS CRITICAL TO NATIONAL SECURITY

15 DEFINED.—In this section, the term ‘materials critical to 

16 national security’ has the meaning given that term in sec17 tion 187(e)(1) of this title.’’. 

18 (e) AMENDMENTS TO STRATEGIC MATERIALS PROTEC19 TION BOARD.— 

20 (1) MEMBERSHIP.—Paragraph (2) of section 

21 187(a) of such title is amended to read as follows: 

22 ‘‘(2) The Board shall be composed of the following: 

23 ‘‘(A) The Deputy Assistant Secretary of Defense 

24 for Manufacturing and Industrial Base Policy, who 

25 shall be the chairman of the Board. 

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1 ‘‘(B) The Administrator of the Defense Logistics 

2 Agency Strategic Materials, or any successor organi3 zation, who shall be the vice chairman of the Board. 

4 ‘‘(C) A designee of the Assistant Secretary of the 

5 Army for Acquisition, Logistics, and Technology. 

6 ‘‘(D) A designee of the Assistant Secretary of the 

7 Navy for Research, Development, and Acquisition. 

8 ‘‘(E) A designee of the Assistant Secretary of the 

9 Air Force for Acquisition.’’. 

10 (2) DUTIES.—Paragraphs (3) and (4) of section 

11 187(b) of such title are each amended by striking 

12 ‘‘President’’ and inserting ‘‘Secretary’’. 

13 (3) MEETINGS.—Section 187(c) of such title is 

14 amended by striking ‘‘Secretary of Defense’’ and in15 serting ‘‘Deputy Assistant Secretary of Defense for 

16 Manufacturing and Industrial Base Policy’’. 

17 (4) REPORTS.—Section 187(d) of such title is 

18 amended to read as follows: 

19 ‘‘(d) REPORTS.—(1) After each meeting of the Board, 

20 the Board shall prepare a report containing the results of 

21 the meeting and such recommendations as the Board deter22 mines appropriate. The Secretary of each military depart23 ment shall review and comment on the report. 

24 ‘‘(2) Each such report shall be published in the Federal 

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1 fense committees, together with public comments and com2 ments and recommendations from the Secretary of Defense, 

3 not later than 90 days after the meeting covered by the re4 port.’’. 

5 SEC. 902. REQUIREMENT FOR FOCUS ON URGENT OPER6 ATIONAL NEEDS AND RAPID ACQUISITION. 

7 (a) DESIGNATION OF SENIOR OFFICIAL RESPONSIBLE

8 FOR FOCUS ON URGENT OPERATIONAL NEEDS AND RAPID

9 ACQUISITION.— 

10 (1) IN GENERAL.—The Secretary of Defense, 

11 after consultation with the Secretaries of the military 

12 departments, shall designate a senior official in the 

13 Office of the Secretary of Defense as the principal of14 ficial of the Department of Defense responsible for 

15 leading the Department’s actions on urgent oper16 ational needs and rapid acquisition, in accordance 

17 with this section. 

18 (2) STAFF AND RESOURCES.—The Secretary 

19 shall assign to the senior official designated under 

20 paragraph (1) appropriate staff and resources nec21 essary to carry out the official’s functions under this 

22 section. 

23 (b) RESPONSIBILITIES.—The senior official designated 

24 under subsection (a) shall be responsible for the following: 

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1 (1) Acting as an advocate within the Depart2 ment of Defense for issues related to the Department’s 

3 ability to rapidly respond to urgent operational 

4 needs, including programs funded and carried out by 

5 the military departments. 

6 (2) Improving visibility of urgent operational 

7 needs throughout the Department, including across 

8 the military departments, the Defense Agencies, and 

9 all other entities and processes in the Department 

10 that address urgent operational needs. 

11 (3) Ensuring that tools and mechanisms are 

12 used to track, monitor, and manage the status of ur13 gent operational needs within the Department, from 

14 validation through procurement and fielding, includ15 ing a formal feedback mechanism for the armed forces 

16 to provide information on how well fielded solutions 

17 are meeting urgent operational needs. 

18 (c) URGENT OPERATIONAL NEEDS DEFINED.—In this 

19 section, the term ‘‘urgent operational needs’’ means capa20 bilities that are determined by the Secretary of Defense, 

21 pursuant to the review process required by section 804(b) 

22 of the Ike Skelton National Defense Authorization Act for 

23 Fiscal Year 2011 (10 U.S.C. 2302 note), to be suitable for 

24 rapid fielding in response to urgent operational needs. 

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1 SEC. 903. DESIGNATION OF DEPARTMENT OF DEFENSE SEN2 IOR OFFICIAL FOR ENTERPRISE RESOURCE 

3 PLANNING SYSTEM DATA CONVERSION. 

4 Not later than 90 days after the date of the enactment 

5 of this Act, the Secretary of Defense shall— 

6 (1) designate a senior official of the Department 

7 of Defense as the official with principal responsibility 

8 for coordination and management oversight of data 

9 conversion for all enterprise resource planning sys10 tems of the Department; and 

11 (2) set forth the responsibilities of that senior of12 ficial with respect to such data conversion. 

13 SEC. 904. ADDITIONAL RESPONSIBILITIES AND RESOURCES 

14 FOR DEPUTY ASSISTANT SECRETARY OF DE15 FENSE FOR DEVELOPMENTAL TEST AND 

16 EVALUATION. 

17 (a) SUPERVISION.—Section 139b(a)(3) of title 10, 

18 United States Code, is amended by striking ‘‘to the Under 

19 Secretary’’ before the period and inserting ‘‘directly to the 

20 Under Secretary, without the interposition of any other su21 pervising official’’. 

22 (b) CONCURRENT SERVICE.—Section 139b(a)(7) of 

23 such title is amended by striking ‘‘may’’ and inserting 

24 ‘‘shall’’. 

25 (c) RESOURCES.—Section 139b(a) of such title is 

26 amended by adding at the end the following new paragraph: 

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1 ‘‘(8) RESOURCES.— 

2 ‘‘(A) The President shall include in the 

3 budget transmitted to Congress, pursuant to sec4 tion 1105 of title 31, for each fiscal year, a sepa5 rate statement of estimated expenditures and 

6 proposed appropriations for the fiscal year for 

7 the activities of the Deputy Assistant Secretary 

8 of Defense for Developmental Test and Evalua9 tion in carrying out the duties and responsibil10 ities of the Deputy Assistant Secretary under 

11 this section. 

12 ‘‘(B) The Deputy Assistant Secretary of De13 fense for Developmental Test and Evaluation 

14 shall have sufficient professional staff of military 

15 and civilian personnel to enable the Deputy As16 sistant Secretary to carry out the duties and re17 sponsibilities prescribed by law. The resources for 

18 the Deputy Assistant Secretary shall be com19 parable to the resources, including Senior Execu20 tive Service positions, other civilian positions, 

21 and military positions, available to the Director 

22 of Operational Test and Evaluation.’’. 

23 (d) ANNUAL REPORT.—Section 139b(d) of such title 

24 is amended— 

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1 (1) in the subsection heading, by striking 

2 ‘‘JOINT’’; 

3 (2) by redesignating paragraphs (1), (2), (3), 

4 and (4) as subparagraphs (A), (B), (C), and (D), re5 spectively; 

6 (3) by inserting ‘‘(1)’’ before ‘‘Not later than 

7 March 31’’; 

8 (4) in the matter appearing before subparagraph 

9 (A), as so redesignated, by striking ‘‘jointly’’ and in10 serting ‘‘each’’; and 

11 (5) by adding at the end the following new para12 graph: 

13 ‘‘(2) With respect to the report required under para14 graph (1) by the Deputy Assistant Secretary of Defense for 

15 Developmental Test and Evaluation— 

16 ‘‘(A) the report shall include a separate section 

17 that covers the activities of the Department of Defense 

18 Test Resource Management Center (established under 

19 section 196 of this title) during the preceding year; 

20 and 

21 ‘‘(B) the report shall be transmitted to the Under 

22 Secretary of Defense for Acquisition, Technology, and 

23 Logistics at the same time it is submitted to the con24 gressional defense committees.’’. 

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1 SEC. 905. REDESIGNATION OF THE DEPARTMENT OF THE 

2 NAVY AS THE DEPARTMENT OF THE NAVY 

3 AND MARINE CORPS. 

4 (a) REDESIGNATION OF THE DEPARTMENT OF THE

5 NAVY AS THE DEPARTMENT OF THE NAVY AND MARINE

6 CORPS.— 

7 (1) REDESIGNATION OF MILITARY DEPART8 MENT.—The military department designated as the 

9 Department of the Navy is redesignated as the De10 partment of the Navy and Marine Corps. 

11 (2) REDESIGNATION OF SECRETARY AND OTHER

12 STATUTORY OFFICES.— 

13 (A) SECRETARY.—The position of the Sec14 retary of the Navy is redesignated as the Sec15 retary of the Navy and Marine Corps. 

16 (B) OTHER STATUTORY OFFICES.—The po17 sitions of the Under Secretary of the Navy, the 

18 four Assistant Secretaries of the Navy, and the 

19 General Counsel of the Department of the Navy 

20 are redesignated as the Under Secretary of the 

21 Navy and Marine Corps, the Assistant Secre22 taries of the Navy and Marine Corps, and the 

23 General Counsel of the Department of the Navy 

24 and Marine Corps, respectively. 

25 (b) CONFORMING AMENDMENTS TO TITLE 10, UNITED

26 STATES CODE.— 

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1 (1) DEFINITION OF ‘‘MILITARY DEPARTMENT’’.— 

2 Paragraph (8) of section 101(a) of title 10, United 

3 States Code, is amended to read as follows: 

4 ‘‘(8) The term ‘military department’ means the 

5 Department of the Army, the Department of the Navy 

6 and Marine Corps, and the Department of the Air 

7 Force.’’. 

8 (2) ORGANIZATION OF DEPARTMENT.—The text 

9 of section 5011 of such title is amended to read as fol10 lows: ‘‘The Department of the Navy and Marine 

11 Corps is separately organized under the Secretary of 

12 the Navy and Marine Corps.’’. 

13 (3) POSITION OF SECRETARY.—Section 

14 5013(a)(1) of such title is amended by striking ‘‘There 

15 is a Secretary of the Navy’’ and inserting ‘‘There is 

16 a Secretary of the Navy and Marine Corps’’. 

17 (4) CHAPTER HEADINGS.— 

18 (A) The heading of chapter 503 of such title 

19 is amended to read as follows: 

20 ‘‘CHAPTER 503—DEPARTMENT OF THE 

21 NAVY AND MARINE CORPS’’. 

22 (B) The heading of chapter 507 of such title 

23 is amended to read as follows: 

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1 ‘‘CHAPTER 507—COMPOSITION OF THE DE2 PARTMENT OF THE NAVY AND MARINE 

3 CORPS’’. 

4 (5) OTHER AMENDMENTS.— 

5 (A) Title 10, United States Code, is amend6 ed by striking ‘‘Department of the Navy’’ and 

7 ‘‘Secretary of the Navy’’ each place they appear 

8 other than as specified in paragraphs (1), (2), 

9 (3), and (4) (including in section headings, sub10 section captions, tables of chapters, and tables of 

11 sections) and inserting ‘‘Department of the Navy 

12 and Marine Corps’’ and ‘‘Secretary of the Navy 

13 and Marine Corps’’, respectively, in each case 

14 with the matter inserted to be in the same type15 face and typestyle as the matter stricken. 

16 (B)(i) Sections 5013(f), 5014(b)(2), 5016(a), 

17 5017(2), 5032(a), and 5042(a) of such title are 

18 amended by striking ‘‘Assistant Secretaries of the 

19 Navy’’ and inserting ‘‘Assistant Secretaries of 

20 the Navy and Marine Corps’’. 

21 (ii) The heading of section 5016 of such 

22 title, and the item relating to such section in the 

23 table of sections at the beginning of chapter 503 

24 of such title, are each amended by inserting ‘‘and 

25 Marine Corps’’ after ‘‘of the Navy’’, with the 

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1 matter inserted in each case to be in the same 

2 typeface and typestyle as the matter amended. 

3 (c) OTHER PROVISIONS OF LAW AND OTHER REF4 ERENCES.— 

5 (1) TITLE 37, UNITED STATES CODE.—Title 37, 

6 United States Code, is amended by striking ‘‘Depart7 ment of the Navy’’ and ‘‘Secretary of the Navy’’ each 

8 place they appear and inserting ‘‘Department of the 

9 Navy and Marine Corps’’ and ‘‘Secretary of the Navy 

10 and Marine Corps’’, respectively. 

11 (2) OTHER REFERENCES.—Any reference in any 

12 law other than in title 10 or title 37, United States 

13 Code, or in any regulation, document, record, or other 

14 paper of the United States, to the Department of the 

15 Navy shall be considered to be a reference to the De16 partment of the Navy and Marine Corps. Any such 

17 reference to an office specified in subsection (a)(2) 

18 shall be considered to be a reference to that office as 

19 redesignated by that section. 

20 (d) EFFECTIVE DATE.—This section and the amend21 ments made by this section shall take effect on the first day 

22 of the first month beginning more than 60 days after the 

23 date of the enactment of this Act. 

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1 Subtitle B—Space Activities 

2 SEC. 911. ANNUAL ASSESSMENT OF THE SYNCHRONI3 ZATION OF SEGMENTS IN SPACE PROGRAMS 

4 THAT ARE MAJOR DEFENSE ACQUISITION 

5 PROGRAMS. 

6 (a) ANNUAL ASSESSMENT.—Not later than 180 days 

7 after the date of the enactment of this Act, and annually 

8 thereafter for five years, the Under Secretary of Defense for 

9 Acquisition, Technology, and Logistics shall annually sub10 mit to the congressional defense committees an assessment 

11 of the synchronization of the operability of the program seg12 ments of each space program that is a major defense acqui13 sition program. 

14 (b) CONTENTS.—Each assessment required under sub15 section (a) shall include— 

16 (1) a description of the intended primary capa17 bilities of each space program that is a major defense 

18 acquisition program and the level of operability of 

19 each program segment of such space program at the 

20 time of such assessment; 

21 (2) a schedule for the deployment of such in22 tended primary capabilities of such space program in 

23 each such program segment and in such space pro24 gram as a whole; 

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1 (3) for each such space program for which a pri2 mary capability of such program will be operable by 

3 one program segment at least one year after the date 

4 on which such capability is operable by another pro5 gram segment— 

6 (A) an explanation of the reasons that such 

7 primary capability will be operable by one pro8 gram segment at least one year after the date 

9 such capability is operable by another program 

10 segment; and 

11 (B) an identification of the steps the De12 partment is taking to improve the alignment of 

13 when the program segments become operable and 

14 the related challenges, costs, and risks; and 

15 (4) a description of the impact on the mission of 

16 such space program caused by such primary capa17 bility being operable by one program segment at least 

18 one year after the date such capability is operable by 

19 another program segment. 

20 (c) DEFINITIONS.—In this section: 

21 (1) MAJOR DEFENSE ACQUISITION PROGRAM DE22 FINED.—The term ‘‘major defense acquisition pro23 gram’’ has the meaning given the term in section 

24 2430 of title 10, United States Code. 

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1 (2) PROGRAM SEGMENT.—The term ‘‘program 

2 segment’’ means, with respect to a space program that 

3 is a major defense acquisition program, the following 

4 segments: 

5 (A) The portion of such program that is 

6 satellite-based. 

7 (B) The portion of such program that is 

8 ground-based. 

9 (C) The portion of such program that is op10 erated by the end-user. 

11 SEC. 912. REPORT ON OVERHEAD PERSISTENT INFRARED 

12 TECHNOLOGY. 

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

14 that— 

15 (1) there are significant investments in overhead 

16 persistent infrared technology that span multiple 

17 agencies and support a variety of missions, including 

18 missile warning, missile defense, battle space aware19 ness, and technical intelligence; and 

20 (2) further efforts should be made to fully exploit 

21 overhead persistent infrared sensor data. 

22 (b) REPORT.—Not later than 270 days after the date 

23 of the enactment of this Act, the Secretary of Defense, in 

24 consultation with the Director of National Intelligence, 

25 shall submit to the congressional defense committees, the 

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1 Permanent Select Committee on Intelligence of the House 

2 of Representatives, and the Select Committee on Intelligence 

3 of the Senate a report on overhead persistent infrared tech4 nology that includes—— 

5 (1) an assessment of whether there are further 

6 opportunities for the Department of Defense and the 

7 intelligence community (as defined in section 3(4) of 

8 the National Security Act of 1947 (50 U.S.C. 

9 401a(4))) to capitalize on increased data sharing, fu10 sion, interoperability, and exploitation; and 

11 (2) recommendations on how to better coordinate 

12 the efforts by the Department and the intelligence 

13 community to exploit overhead persistent infrared 

14 sensor data. 

15 (c) COMPTROLLER GENERAL ASSESSMENT.—Not later 

16 than 90 days after the date on which the Secretary of De17 fense submits the report required under subsection (b), the 

18 Comptroller General of the United States shall submit to 

19 the congressional defense committees an assessment of the 

20 report required under subsection (b), including— 

21 (1) an assessment of whether such report is com22 prehensive, fully supported, and sufficiently detailed; 

23 and 

24 (2) an identification of any shortcomings, limi25 tations, or other reportable matters that affect the 

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1 quality or findings of the report required under sub2 section (b). 

3 SEC. 913. PROHIBITION ON USE OF FUNDS TO IMPLEMENT 

4 INTERNATIONAL AGREEMENT ON SPACE AC5 TIVITIES THAT HAS NOT BEEN RATIFIED BY 

6 THE SENATE OR AUTHORIZED BY STATUTE. 

7 (a) PROHIBITION.—None of the funds authorized to be 

8 appropriated by this Act or any other Act may be used by 

9 the Secretary of Defense or the Director of National Intel10 ligence to limit the activities of the Department of Defense 

11 or the intelligence community (as defined in section 3(4) 

12 of the National Security Act of 1947 (50 U.S.C. 401a(4))) 

13 in outer space to implement or comply with an inter14 national agreement concerning outer space activities unless 

15 such agreement is ratified by the Senate or authorized by 

16 statute. 

17 (b) REPORT ON INTERNATIONAL AGREEMENT NEGO18 TIATIONS.— 

19 (1) REPORT REQUIRED.—Not later than 90 days 

20 after the date of the enactment of this Act, and every 

21 90 days thereafter, the Secretary of State and the Sec22 retary of Defense shall submit to the appropriate con23 gressional committees a report on the progress of ne24 gotiations on an international agreement concerning 

25 outer space activities. Such report shall include a demstockstill on DSK4VPTVN1PROD with BILLS

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1 scription of which foreign countries have agreed to 

2 sign such an international agreement and any impli3 cations that the draft of the agreement being nego4 tiated may have on both classified and unclassified 

5 military and intelligence activities of the United 

6 States in outer space. 

7 (2) FORM.— 

8 (A) UNCLASSIFIED.—Except as provided in 

9 subparagraph (B), each report required under 

10 paragraph (1) shall be submitted in unclassified 

11 form. 

12 (B) CLASSIFIED ANNEX.—The Secretary of 

13 Defense may submit to the Committee on Armed 

14 Services and the Permanent Select Committee on 

15 Intelligence of the House of Representatives and 

16 the Committee on Armed Services and the Select 

17 Committee on Intelligence of the Senate a classi18 fied annex to a report required under paragraph 

19 (1) containing any classified information re20 quired to be submitted for such report. 

21 (3) TERMINATION DATE.—The requirement to 

22 submit a report under paragraph (1) shall cease to 

23 apply on the date on which the President submits to 

24 the appropriate congressional committees a certifi25 cation that the United States is no longer involved in 

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1 negotiations on an international agreement con2 cerning outer space activities. 

3 (4) APPROPRIATE CONGRESSIONAL COMMIT4 TEES.—In this subsection, the term ‘‘appropriate con5 gressional committees’’ means— 

6 (A) the Committee on Armed Services, the 

7 Permanent Select Committee on Intelligence, the 

8 Committee on Foreign Affairs, and the Com9 mittee on Science, Space, and Technology of the 

10 House of Representatives; and 

11 (B) the Committee on Armed Services, the 

12 Select Committee on Intelligence, the Committee 

13 on Foreign Relations, and the Committee on 

14 Commerce, Science, and Transportation of the 

15 Senate. 

16 (c) REPORT ON FOREIGN COUNTER-SPACE PRO17 GRAMS.— 

18 (1) REPORT REQUIRED.—Chapter 135 of title 

19 10, United States Code, is amended by adding at the 

20 end the following new section: 

21 ‘‘§ 2275. Report on foreign counter-space programs 

22 ‘‘(a) REPORT REQUIRED.—Not later than January 1 

23 of each year, the Secretary of Defense shall submit to Con24 gress a report on the counter-space programs of foreign 

25 countries. 

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1 ‘‘(b) CONTENTS.—Each report required under sub2 section (a) shall include— 

3 ‘‘(1) an explanation of whether any foreign coun4 try has a counter-space program that could be a 

5 threat to the national security or commercial space 

6 systems of the United States; and 

7 ‘‘(2) the name of each country with a counter8 space program described in paragraph (1). 

9 ‘‘(c) FORM.— 

10 ‘‘(1) IN GENERAL.—Except as provided in para11 graphs (2) and (3), each report required under sub12 section (a) shall be submitted in unclassified form. 

13 ‘‘(2) CLASSIFIED ANNEX.—The Secretary of De14 fense may submit to the covered congressional com15 mittees a classified annex to a report required under 

16 subsection (a) containing any classified information 

17 required to be submitted for such report. 

18 ‘‘(3) FOREIGN COUNTRY NAMES.— 

19 ‘‘(A) UNCLASSIFIED FORM.—Subject to sub20 paragraph (B), each report required under sub21 section (a) shall include the information required 

22 under subsection (b)(2) in unclassified form. 

23 ‘‘(B) NATIONAL SECURITY WAIVER.—The 

24 Secretary of Defense may waive the requirement 

25 under subparagraph (A) if the Secretary determstockstill on DSK4VPTVN1PROD with BILLS

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1 mines it is in the interests of national security 

2 to waive such requirement and submits to Con3 gress an explanation of why the Secretary 

4 waived such requirement. 

5 ‘‘(d) PROHIBITION ON USE OF FUNDS FOR NON-COM6 PLIANCE.—If in any fiscal year the Secretary of Defense 

7 does not submit a report required under subsection (a) on 

8 or before the date on which such report is required to be 

9 submitted, none of the funds authorized to be appropriated 

10 by any Act for such fiscal year for activities of the Depart11 ment of Defense may be used for travel related to the nego12 tiation of an international agreement concerning outer 

13 space activities until such report is submitted. 

14 ‘‘(e) COVERED CONGRESSIONAL COMMITTEES DE15 FINED.—In this section, the term ‘covered congressional 

16 committees’ means the Committee on Armed Services and 

17 the Permanent Select Committee on Intelligence of the 

18 House of Representatives and the Committee on Armed 

19 Services and the Select Committee on Intelligence of the 

20 Senate.’’. 

21 (2) CLERICAL AMENDMENT.—The table of sec22 tions at the beginning of chapter 135 of title 10, 

23 United States Code, is amended by adding at the end 

24 the following new item: 

‘‘2275. Report on foreign counter-space programs.’’. 

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1 SEC. 914. ASSESSMENT OF FOREIGN COMPONENTS AND 

2 THE SPACE LAUNCH CAPABILITY OF THE 

3 UNITED STATES. 

4 (a) ASSESSMENT.—The Secretary of the Air Force 

5 shall enter into an agreement with a federally funded re6 search and development center to conduct an independent 

7 assessment of the national security implications of con8 tinuing to use foreign component and propulsion systems 

9 for the launch vehicles under the evolved expendable launch 

10 vehicle program. 

11 (b) REPORT.—Not later than 180 days after the date 

12 of the enactment of this Act, the federally funded research 

13 and development center shall submit to the congressional 

14 defense committees a report on the assessment conducted 

15 under subsection (a). 

16 SEC. 915. REPORT ON COUNTER SPACE TECHNOLOGY. 

17 (a) REPORT.—Not later than one year after the date 

18 of the enactment of this Act, and annually thereafter for 

19 two years, the Secretary of Defense shall submit to the con20 gressional defense committees, the Committee on Foreign Af21 fairs of the House of Representatives, and the Committee 

22 on Foreign Relations of the Senate a report based on all 

23 available information describing key space technologies that 

24 could be used, or are being sought, by a foreign country 

25 with a counter space or ballistic missile program, and 

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1 should be subject to export controls by the United States 

2 or an ally of the United States, as appropriate. 

3 (b) FORM.—Each report required under subsection (a) 

4 shall be submitted in unclassified form, but may include 

5 a classified annex. 

6 Subtitle C—Intelligence-Related 

7 Activities 

8 SEC. 921. AUTHORITY TO PROVIDE GEOSPATIAL INTEL9 LIGENCE SUPPORT TO CERTAIN SECURITY 

10 ALLIANCES AND REGIONAL ORGANIZATIONS. 

11 (a) AUTHORIZATION.—Section 443(a) of title 10, 

12 United States Code, is amended— 

13 (1) by striking ‘‘The Director’’ and inserting 

14 ‘‘(1) Subject to paragraph (2), the Director’’; 

15 (2) by striking ‘‘foreign countries’’ and inserting 

16 ‘‘foreign countries, regional organizations with de17 fense or security components, and security alliances of 

18 which the United States is a member’’; and 

19 (3) by adding at the end the following new para20 graph: 

21 ‘‘(2) In each case in which the Director of the National 

22 Geospatial-Intelligence Agency provides imagery intel23 ligence or geospatial information support to a regional or24 ganization or security alliance under paragraph (1), the 

25 Director shall— 

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1 ‘‘(A) ensure that such intelligence and such sup2 port are not provided by such regional organization 

3 or such security alliance to any other person or enti4 ty; 

5 ‘‘(B) notify the congressional defense committees, 

6 the Permanent Select Committee on Intelligence of the 

7 House of Representatives, and the Select Committee 

8 on Intelligence of the Senate, that the Director has 

9 provided such intelligence or such support; and 

10 ‘‘(C) coordinate the provision of such intelligence 

11 and such support with the commander of the appro12 priate combatant command.’’. 

13 (b) CLERICAL AMENDMENTS.— 

14 (1) SECTION HEADING.—The heading of section 

15 443 of title 10, United States Code, is amended by 

16 striking ‘‘foreign countries’’ and inserting ‘‘for17 eign countries, regional organizations, 

18 and security alliances’’. 

19 (2) TABLE OF SECTIONS.—The table of sections 

20 at the beginning of chapter 22 of title 10, United 

21 States Code, is amended by striking the item relating 

22 to section 443 and inserting the following new item: 

‘‘443. Imagery intelligence and geospatial information: support for foreign countries, regional organizations, and security alliances.’’. 

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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, is 

7 amended by striking ‘‘National Defense Intelligence Col8 lege’’ each place it appears and inserting ‘‘National Intel9 ligence University’’. 

10 (b) CLERICAL AMENDMENTS.— 

11 (1) SECTION HEADING.—The heading of such sec12 tion 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 fol18 lows: 

‘‘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 fismstockstill on DSK4VPTVN1PROD with BILLS

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1 cal year 2013 as specified in the funding table in section 

2 4301, not more than 80 percent of the funds authorized for 

3 the Office of the Under Secretary of Defense for Acquisition, 

4 Technology, and Logistics; the Office of the Assistant Sec5 retary of the Navy for Research, Development, and Acquisi6 tion; and the Office of the Assistant Secretary of the Air 

7 Force for Acquisition may be obligated or expended until 

8 the certification described in subsection (c) is submitted. 

9 (b) LIMITATION ON FUNDING FOR OTHER CON10 TRACTS.—Of the funds authorized for other contracts or 

11 other services to be appropriated for fiscal year 2013 as 

12 specified in the funding table in section 4301, not more than 

13 80 percent of the funds authorized for the Office of the Sec14 retary of Defense, the Department of the Navy, and the De15 partment of the Air Force may be obligated or expended 

16 until the certification described in subsection (c) is sub17 mitted. 

18 (c) CERTIFICATION.—The certification described in 

19 this subsection is a certification in writing submitted to the 

20 congressional defense committees and made by the Secretary 

21 of Defense that the collection of data for purposes of meeting 

22 the requirements of section 2330a of title 10, United States 

23 Code, has begun. 

24 (d) DEFINITION.—In this section, the term ‘‘other con25 tracts or other services’’ means funding described in line 

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1 0989 within Exhibit OP-32 of the justification materials 

2 accompanying the President’s budget request for fiscal year 

3 2013. 

4 SEC. 932. REQUIREMENT TO ENSURE SUFFICIENT LEVELS 

5 OF GOVERNMENT MANAGEMENT, CONTROL, 

6 AND OVERSIGHT OF FUNCTIONS CLOSELY AS7 SOCIATED WITH INHERENTLY GOVERN8 MENTAL FUNCTIONS. 

9 Section 129a of title 10, United States Code, is amend10 ed— 

11 (1) in subparagraph (B) of subsection (f)(3), by 

12 inserting after ‘‘Government’’ the following: ‘‘manage13 ment, control, and’’; and 

14 (2) by adding at the end the following new sub15 section: 

16 ‘‘(g) REQUIREMENT FOR MANAGEMENT, CONTROL, AND

17 OVERSIGHT OR APPROPRIATE CORRECTIVE ACTIONS.—For 

18 purposes of subsection (f)(3)(B), if insufficient levels of Gov19 ernment management, control, and oversight are found, the 

20 Secretary of the military department or head of the Defense 

21 agency responsible shall provide such management, control, 

22 and oversight or take appropriate corrective actions, includ23 ing potential conversion to Government performance, con24 sistent with this section and sections 129 and 2463 of this 

25 title.’’. 

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1 SEC. 933. SPECIAL MANAGEMENT ATTENTION REQUIRED 

2 FOR CERTAIN FUNCTIONS IDENTIFIED IN IN3 VENTORY OF CONTRACTS FOR SERVICES. 

4 Subparagraph (C) of section 2330a(e)(2) of title 10, 

5 United States Code, is amended to read as follows: 

6 ‘‘(C) special management attention is being 

7 given to functions identified in the inventory as 

8 being closely associated with inherently govern9 mental functions; and’’. 

10 Subtitle E—Cyberspace-related 

11 Matters 

12 SEC. 941. MILITARY ACTIVITIES IN CYBERSPACE. 

13 Section 954 of the National Defense Authorization Act 

14 for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 1551) 

15 is amended to read as follows: 

16 ‘‘SEC. 954. MILITARY ACTIVITIES IN CYBERSPACE. 

17 ‘‘(a) AFFIRMATION.—Congress affirms that the Sec18 retary of Defense is authorized to conduct military activi19 ties in cyberspace. 

20 ‘‘(b) AUTHORITY DESCRIBED.—The authority referred 

21 to in subsection (a) includes the authority to carry out a 

22 clandestine operation in cyberspace— 

23 ‘‘(1) in support of a military operation pursuant 

24 to the Authorization for Use of Military Force (50 

25 U.S.C. 1541 note; Public Law 107-40) against a tar26 get located outside of the United States; or 

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1 ‘‘(2) to defend against a cyber attack against an 

2 asset of the Department of Defense. 

3 ‘‘(c) RULE OF CONSTRUCTION.—Nothing in this sec4 tion shall be construed to limit the authority of the Sec5 retary of Defense to conduct military activities in cyber6 space.’’. 

7 SEC. 942. QUARTERLY CYBER OPERATIONS BRIEFINGS. 

8 (a) BRIEFINGS.—Chapter 23 of title 10, United States 

9 Code, is amended by inserting after section 483 the fol10 lowing new section: 

11 ‘‘§ 484. Quarterly cyber operations briefings 

12 ‘‘The Secretary of Defense shall provide to the Commit13 tees on Armed Services of the House of Representatives and 

14 the Senate quarterly briefings on all offensive and signifi15 cant defensive military operations in cyberspace carried out 

16 by the Department of Defense during the immediately pre17 ceding quarter.’’. 

18 (b) INITIAL BRIEFING.—The first briefing required 

19 under section 484 of title 10, United States Code, as added 

20 by subsection (a), shall be provided not later than March 

21 1, 2013. 

22 (c) CLERICAL AMENDMENT.—The table of sections at 

23 the beginning of chapter 23 of title 10, United States Code, 

24 is amended by inserting after the item relating to section 

25 483 the following new item: 

‘‘484. Quarterly cyber operations briefings.’’. 

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1 Subtitle F—Other Matters 

2 SEC. 951. ADVICE ON MILITARY REQUIREMENTS BY CHAIR3 MAN OF JOINT CHIEFS OF STAFF AND JOINT 

4 REQUIREMENTS OVERSIGHT COUNCIL. 

5 (a) AMENDMENTS RELATED TO CHAIRMAN OF JOINT

6 CHIEFS OF STAFF.—Section 153(a)(4) of title 10, United 

7 States Code, is amended by striking subparagraph (F) and 

8 inserting the following new subparagraphs: 

9 ‘‘(F) Identifying, assessing, and approving 

10 military requirements (including existing sys11 tems and equipment) to meet the national mili12 tary strategy. 

13 ‘‘(G) Recommending to the Secretary appro14 priate trade-offs among life-cycle cost, schedule, 

15 and performance objectives to ensure that such 

16 trade-offs are made in the acquisition of materiel 

17 and equipment to meet military requirements in 

18 a manner that best supports the strategic and 

19 contingency plans required by subsection (a).’’. 

20 (b) AMENDMENTS RELATED TO JROC.—Section 

21 181(b) of such title is amended— 

22 (1) in paragraph (1)(C), by striking ‘‘in ensur23 ing’’ and all that follows through ‘‘requirements’’ and 

24 inserting the following: ‘‘in ensuring that appropriate 

25 trade-offs are made among life-cycle cost, schedule, 

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1 and performance objectives in the acquisition of mate2 riel and equipment to meet military requirements’’; 

3 and 

4 (2) in paragraph (3), by striking ‘‘such resource 

5 level’’ and inserting ‘‘the total cost of such resources’’. 

6 (c) AMENDMENTS RELATED CHIEFS OF ARMED

7 FORCES.—Section 2547(a) of such title is amended— 

8 (1) in paragraph (1), by striking ‘‘of require9 ments relating to the defense acquisition system’’ and 

10 inserting ‘‘and certification of requirements for equip11 ping the armed force concerned’’; 

12 (2) by redesignating paragraphs (3) and (4) as 

13 paragraphs (5) and (6), respectively; and 

14 (3) by inserting after paragraph (2) the fol15 lowing new paragraphs: 

16 ‘‘(3) The recommendation of trade-offs among 

17 life-cycle cost, schedule, and performance objectives to 

18 ensure acquisition programs to equip the armed force 

19 concerned deliver best value. 

20 ‘‘(4) Termination of development or procurement 

21 programs that fail to meet life-cycle cost, schedule, 

22 and performance objectives.’’. 

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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 amended 

7 to read as follows: 

8 ‘‘(k) EMPLOYMENT OF PROGRAM PARTICIPANTS.— 

9 ‘‘(1) APPOINTMENT AUTHORITY.—The Secretary 

10 of Defense, the Secretary of Homeland Security, the 

11 Secretary of State, or the head of a Federal agency 

12 or office identified by the Secretary of Defense under 

13 subsection (g) as having national security responsibil14 ities— 

15 ‘‘(A) may, without regard to any provision 

16 of title 5 governing appointments in the competi17 tive service, appoint an eligible program partici18 pant— 

19 ‘‘(i) to a position in the excepted serv20 ice that is certified by the Secretary of De21 fense under clause (i) of subsection (b)(2)(A) 

22 as contributing to the national security of 

23 the United States; or 

24 ‘‘(ii) subject to clause (ii) of such sub25 section, to a position in the excepted service 

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1 in such Federal agency or office identified 

2 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 excepted 

6 service position under the authority of subpara7 graph (A), convert the appointment of such indi8 vidual, without competition, to a career or career 

9 conditional appointment. 

10 ‘‘(2) TREATMENT OF CERTAIN SERVICE.—In the 

11 case of an eligible program participant described in 

12 clause (ii) or (iii) of paragraph (3)(B) who receives 

13 an appointment under paragraph (1)(A), the head of 

14 a Department or Federal agency or office referred to 

15 in paragraph (1) may count any period that the in16 dividual served in a position with the Federal Gov17 ernment towards satisfaction of the service require18 ment under paragraph (1)(B) if that service— 

19 ‘‘(A) in the case of an appointment under 

20 clause (i) of paragraph (1)(A), was in a position 

21 that is identified under clause (i) of subsection 

22 (b)(2)(A) as contributing to the national security 

23 of the United States; or 

24 ‘‘(B) in the case of an appointment under 

25 clause (ii) of paragraph (1)(A), was in the Fedmstockstill on DSK4VPTVN1PROD with BILLS

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1 eral agency or office in which the appointment 

2 under that clause is made. 

3 ‘‘(3) ELIGIBLE PROGRAM PARTICIPANT DE4 FINED.—In this subsection, the term ‘eligible program 

5 participant’ means an individual who— 

6 ‘‘(A) has successfully completed an academic 

7 program for which a scholarship or fellowship 

8 under this section was awarded; and 

9 ‘‘(B) at the time of the appointment of the 

10 individual to an excepted service position under 

11 paragraph (1)(A)— 

12 ‘‘(i) under the terms of the agreement 

13 for such scholarship or fellowship, owes a 

14 service commitment to a Department or 

15 Federal agency or office referred to in para16 graph (1); 

17 ‘‘(ii) is employed by the Federal Gov18 ernment under a non-permanent appoint19 ment to a position in the excepted service 

20 that has national security responsibilities; 

21 or 

22 ‘‘(iii) is a former civilian employee of 

23 the Federal Government who has less than 

24 a one-year break in service from the last pe25 riod of Federal employment of such indimstockstill on DSK4VPTVN1PROD with BILLS

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1 vidual in a non-permanent appointment in 

2 the excepted service with national security 

3 responsibilities.’’. 

4 SEC. 953. ANNUAL BRIEFING TO CONGRESSIONAL DEFENSE 

5 COMMITTEES ON CERTAIN WRITTEN POLICY 

6 GUIDANCE. 

7 Section 113(g) of title 10, United States Code, is 

8 amended by adding at the end the following new paragraph: 

9 ‘‘(3) The Secretary of Defense shall provide an annual 

10 briefing to the congressional defense committees on the writ11 ten policy guidance provided under paragraphs (1) and 

12 (2).’’. 

13 SEC. 954. ONE-YEAR EXTENSION OF AUTHORITY TO WAIVE 

14 REIMBURSEMENT OF COSTS OF ACTIVITIES 

15 FOR NONGOVERNMENTAL PERSONNEL AT DE16 PARTMENT OF DEFENSE REGIONAL CENTERS 

17 FOR SECURITY STUDIES. 

18 (a) EXTENSION.—Paragraph (1) of section 941(b) of 

19 the Duncan Hunter National Defense Authorization Act for 

20 Fiscal Year 2009 (Public Law 110–417; 10 U.S.C. 184 

21 note), is amended by striking ‘‘through 2012’’ and inserting 

22 ‘‘through 2013’’. 

23 (b) ASSESSMENT REQUIRED.—The Comptroller Gen24 eral of the United States shall assess— 

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1 (1) the effectiveness of the Regional Centers for 

2 Security Studies in meeting the Centers’ objectives 

3 and advancing the priorities of the Department of De4 fense; 

5 (2) the extent to which the Centers perform a 

6 unique function within the interagency community or 

7 the extent to which there are similar or duplicative ef8 forts within the Department of Defense or the Depart9 ment of State; 

10 (3) the measures of effectiveness and impact in11 dicators each Regional Center uses to internally 

12 evaluate its programs; 

13 (4) the oversight mechanisms within the Depart14 ment of Defense with respect to the Regional Centers; 

15 and 

16 (5) the costs and benefits to the Department of 

17 Defense of waiving reimbursement costs for personnel 

18 of nongovernmental organizations and international 

19 organizations to participate in activities of the Cen20 ters on an ongoing basis. 

21 (c) REPORT.—Not later than March 1, 2013, the 

22 Comptroller General shall submit to the Committees on 

23 Armed Services and on Foreign Relations of the Senate and 

24 the Committees on Armed Services and on Foreign Affairs 

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1 of the House of Representatives a report on the assessment 

2 required by subsection (b). 

3 TITLE X—GENERAL PROVISIONS 

4 Subtitle A—Financial Matters 

5 SEC. 1001. GENERAL TRANSFER AUTHORITY. 

6 (a) AUTHORITY TO TRANSFER AUTHORIZATIONS.— 

7 (1) AUTHORITY.—Upon determination by the 

8 Secretary of Defense that such action is necessary in 

9 the national interest, the Secretary may transfer 

10 amounts of authorizations made available to the De11 partment of Defense in this division for fiscal year 

12 2013 between any such authorizations for that fiscal 

13 year (or any subdivisions thereof). Amounts of au14 thorizations so transferred shall be merged with and 

15 be available for the same purposes as the authoriza16 tion to which transferred. 

17 (2) LIMITATION.—Except as provided in para18 graph (3), the total amount of authorizations that the 

19 Secretary may transfer under the authority of this 

20 section may not exceed $3,500,000,000. 

21 (3) EXCEPTION FOR TRANSFERS BETWEEN MILI22 TARY PERSONNEL AUTHORIZATIONS.—A transfer of 

23 funds between military personnel authorizations 

24 under title IV shall not be counted toward the dollar 

25 limitation in paragraph (2). 

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1 (b) LIMITATIONS.—The authority provided by sub2 section (a) to transfer authorizations— 

3 (1) may only be used to provide authority for 

4 items that have a higher priority than the items from 

5 which authority is transferred; and 

6 (2) may not be used to provide authority for an 

7 item that has been denied authorization by Congress. 

8 (c) EFFECT ON AUTHORIZATION AMOUNTS.—A trans9 fer made from one account to another under the authority 

10 of this section shall be deemed to increase the amount au11 thorized for the account to which the amount is transferred 

12 by an amount equal to the amount transferred. 

13 (d) NOTICE TO CONGRESS.—The Secretary shall 

14 promptly notify Congress of each transfer made under sub15 section (a). 

16 SEC. 1002. BUDGETARY EFFECTS OF THIS ACT. 

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

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

19 shall be determined by reference to the latest statement titled 

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

21 submitted for printing in the Congressional Record by the 

22 Chairman of the Committee on the Budget of the House of 

23 Representatives, as long as such statement has been sub24 mitted prior to the vote on passage of this Act. 

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1 SEC. 1003. ANNUAL REPORT ON ARMED FORCES UNFUNDED 

2 PRIORITIES. 

3 (a) REPORT REQUIRED.—Not later than 30 days after 

4 the date on which the budget for a fiscal year is submitted 

5 to Congress pursuant to section 1105 of title 31, United 

6 States Code, each member of the Joint Chiefs of Staff speci7 fied in subsection (b) and the Commander of the United 

8 States Special Operations Command shall submit to the 

9 congressional defense committees a report containing a list 

10 of the unfunded priorities for the Armed Force under the 

11 jurisdiction of that member or commander. 

12 (b) COVERED MILITARY SERVICE CHIEFS.—The re13 ports required by subsection (a) shall be submitted by the 

14 Chief of Staff of the Army, the Chief of Naval Operations, 

15 the Chief of Staff of the Air Force, the Commandant of the 

16 Marine Corps, and the Chief of the National Guard Bureau. 

17 (c) UNFUNDED PRIORITIES DEFINED.—In this section, 

18 the term ‘‘unfunded priorities’’, with respect to a report re19 quired by subsection (a) for a fiscal year, means a program 

20 or mission requirement that— 

21 (1) has not been selected for funding in the pro22 posed budget for the fiscal year; 

23 (2) is necessary to fulfill a requirement associ24 ated with a combatant commander operational or 

25 contingency plan or other validated global force re26 quirement; and 

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1 (3) the officer submitting the report would have 

2 recommended for inclusion in the proposed budget for 

3 the fiscal year had additional resources been available 

4 or had the requirement emerged before the budget was 

5 submitted. 

6 Subtitle B—Counter-Drug Activities 

7 SEC. 1011. EXTENSION OF THE AUTHORITY OF THE CHIEF 

8 OF THE NATIONAL GUARD BUREAU TO ESTAB9 LISH AND OPERATE NATIONAL GUARD 

10 COUNTERDRUG SCHOOLS. 

11 Section 901 of the Office of National Drug Control Pol12 icy Reauthorization Act of 2006 (Public Law 109–469; 120 

13 Stat. 3536; 32 U.S.C. 112 note) is amended— 

14 (1) in subsection (c)— 

15 (A) by striking paragraph (1) and redesig16 nating paragraphs (2) through (5) as para17 graphs (1) through (4), respectively; and 

18 (B) by adding at the end the following new 

19 paragraph: 

20 ‘‘(5) The Western Regional Counterdrug Train21 ing Center, Camp Murray, Washington.’’; 

22 (2) by striking subsection (f) and redesignating 

23 subsection (g) as subsection (f); and 

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1 (3) in subsection (f)(1), as so redesignated, by 

2 striking ‘‘fiscal years 2006 through 2010’’ and insert3 ing ‘‘fiscal years 2013 through 2017’’. 

4 SEC. 1012. REPORTING REQUIREMENT ON EXPENDITURES 

5 TO SUPPORT FOREIGN COUNTER-DRUG AC6 TIVITIES. 

7 Section 1022(a) of the Floyd D. Spence National De8 fense Authorization Act for Fiscal Year 2001 (as enacted 

9 into law by Public Law 106–398; 114 Stat. 1654A–255), 

10 as most recently amended by the section 1008 of the Na11 tional Defense Authorization Act for Fiscal Year 2012 (Pub12 lic Law 112–81; 125 Stat. 1558), is further amended by 

13 striking ‘‘February 15, 2012’’ and inserting ‘‘February 15, 

14 2013’’. 

15 SEC. 1013. EXTENSION OF AUTHORITY TO SUPPORT UNI16 FIED COUNTER-DRUG AND COUNTERTER17 RORISM CAMPAIGN IN COLOMBIA. 

18 Section 1021 of the Ronald W. Reagan National De19 fense Authorization Act for Fiscal Year 2005 (Public Law 

20 108–375; 118 Stat. 2042), as most recently amended by sec21 tion 1007 of the National Defense Authorization Act for Fis22 cal Year 2012 (Public Law 112–81; 125 Stat. 1558), is 

23 amended— 

24 (1) in subsection (a), by striking ‘‘2012’’ and in25 serting ‘‘2013’’; and 

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1 (2) in subsection (c), by striking ‘‘2012’’ and in2 serting ‘‘2013’’. 

3 SEC. 1014. EXTENSION OF AUTHORITY FOR JOINT TASK 

4 FORCES TO PROVIDE SUPPORT TO LAW EN5 FORCEMENT AGENCIES CONDUCTING 

6 COUNTER-TERRORISM ACTIVITIES. 

7 Section 1022(b) of the National Defense Authorization 

8 Act for Fiscal Year 2004 (Public Law 108–136; 117 Stat. 

9 1594; 10 U.S.C. 371 note) is amended by striking ‘‘2012’’ 

10 and inserting ‘‘2013’’. 

11 Subtitle C—Naval Vessels and 

12 Shipyards 

13 SEC. 1021. POLICY RELATING TO MAJOR COMBATANT VES14 SELS OF THE STRIKE FORCES OF THE UNITED 

15 STATES NAVY. 

16 Section 1012 of the National Defense Authorization 

17 Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 

18 303), as most recently amended by section 1015 of the Dun19 can Hunter National Defense Authorization Act for Fiscal 

20 Year 2009 (Public Law 110–417; 122 Stat. 4586), is 

21 amended by striking ‘‘Secretary of Defense’’ and all that 

22 follows through the period and inserting the following: ‘‘Sec23 retary the Navy notifies the congressional defense commit24 tees that, as a result of a cost-benefit analysis, it would not 

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1 be practical for the Navy to design the class of ships with 

2 an integrated nuclear power system.’’. 

3 SEC. 1022. LIMITATION ON AVAILABILITY OF FUNDS FOR 

4 DELAYED ANNUAL NAVAL VESSEL CONSTRUC5 TION PLAN. 

6 (a) IN GENERAL.—Section 231 of title 10, United 

7 States Code, is amended— 

8 (1) by redesignating subsection (e) as subsection 

9 (f); and 

10 (2) by inserting after subsection (d) the following 

11 new subsection (e): 

12 ‘‘(e)(1) If the Secretary of Defense does not include 

13 with the defense budget materials for a fiscal year the plan 

14 and certification under subsection (a), the Secretary of the 

15 Navy may not use more than 50 percent of the funds de16 scribed in paragraph (2) during the fiscal year in which 

17 such materials are submitted until the date on which such 

18 plan and certification are submitted to the congressional 

19 defense committees. 

20 ‘‘(2) The funds described in this paragraph are funds 

21 made available to the Secretary of the Navy for operation 

22 and maintenance, Navy, for emergencies and extraordinary 

23 expenses.’’. 

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1 (b) CONFORMING AMENDMENT.—Section 12304b(i) of 

2 title 10, United States Code, is amended by striking 

3 ‘‘231(e)(2)’’ and inserting ‘‘section 231(f)(2)’’. 

4 Subtitle D—Counterterrorism 

5 SEC. 1031. FINDINGS ON DETENTION PURSUANT TO THE 

6 AUTHORIZATION FOR USE OF MILITARY 

7 FORCE ENACTED IN 2001. 

8 Congress finds the following: 

9 (1) In 2001, Congress passed, and the President 

10 signed, the Authorization for Use of Military Force 

11 (Public Law 107–40; 50 U.S.C. 1541 note) (herein12 after referred to as the ‘‘AUMF’’), which authorized 

13 the President to ‘‘use all necessary and appropriate 

14 force’’ against those responsible for the attacks of Sep15 tember 11, 2001, and those who harbored them ‘‘in 

16 order to prevent any future acts of international ter17 rorism against the United States’’. 

18 (2) In 2004, the Supreme Court held in Hamdi 

19 v. Rumsfeld that the AUMF authorized the President 

20 to detain individuals, including a United States cit21 izen captured in Afghanistan and later detained in 

22 the United States, legitimately determined to be ‘‘en23 gaged in armed conflict against the United States’’ 

24 until the end of hostilities, noting that ‘‘[W]e under25 stand Congress’ grant of authority for the use of ‘necmstockstill on DSK4VPTVN1PROD with BILLS

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1 essary and appropriate force’ to include the authority 

2 to detain for the duration of the relevant conflict, and 

3 our understanding is based on longstanding law-of4 war principles’’. 

5 (3) The Court reaffirmed the long-standing prin6 ciple of American law that a United States citizen 

7 may not be detained in the United States pursuant 

8 to the AUMF without due process of law, stating the 

9 following: 

10 (A) ‘‘Striking the proper constitutional bal11 ance here is of great importance to the Nation 

12 during this period of ongoing combat. But it is 

13 equally vital that our calculus not give short 

14 shrift to the values that this country holds dear 

15 or to the privilege that is American citizenship.’’. 

16 (B) ‘‘It is during our most challenging and 

17 uncertain moments that our Nation’s commit18 ment to due process is most severely tested; and 

19 it is in those times that we must preserve our 

20 commitment at home to the principles for which 

21 we fight abroad.’’. 

22 (C) ‘‘[A] state of war is not a blank check 

23 for the President when it comes to the rights of 

24 the Nation’s citizens.’’. 

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1 (D) ‘‘[A]bsent suspension, the writ of habeas 

2 corpus remains available to every individual de3 tained 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 Judi19 cial Branch to play a necessary role in main20 taining this delicate balance of governance, serv21 ing as an important judicial check on the Execu22 tive’s discretion in the realm of detentions.’’. 

23 (I) ‘‘We reaffirm today the fundamental na24 ture of a citizen’s right to be free from involun25 tary confinement by his own government without 

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1 due process of law, and we weigh the opposing 

2 governmental interests against the curtailment of 

3 liberty that such confinement entails.’’. 

4 (4) In 2008, in Boumediene v. Bush, the Su5 preme Court also extended the constitutional right to 

6 habeas corpus to the foreign detainees held pursuant 

7 to the AUMF at the United States Naval Station, 

8 Guantanamo Bay, Cuba. 

9 (5) Chapter 47A of title 10, United States Code, 

10 as originally enacted by the Military Commissions 

11 Act of 2006 (Public Law 109–366), only allows for 

12 prosecution of foreign terrorists by military commis13 sion. 

14 (6) In 2011, with the enactment of the National 

15 Defense Authorization Act for Fiscal Year 2012 (Pub16 lic Law 112–81), Congress and the President affirmed 

17 the authority of the Armed Forces of the United 

18 States to detain pursuant to the AUMF a person who 

19 planned, authorized, committed, or aided the terrorist 

20 attacks that occurred on September 11, 2001, or har21 bored those responsible for those attacks, or a person 

22 who was a part of or substantially supported al23 Qaeda, the Taliban, or associated forces that are en24 gaged in hostilities against the United States or its 

25 coalition partners, including any person who has 

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1 committed a belligerent act or has directly supported 

2 such hostilities in aid of such enemy forces. 

3 (7) The interpretation of the detention authority 

4 provided by the AUMF under the National Defense 

5 Authorization Act for Fiscal Year 2012 is the same as 

6 the interpretation used by the Obama administration 

7 in its legal filings in Federal court and is nearly 

8 identical to the interpretation used by the Bush ad9 ministration. This interpretation has also been 

10 upheld by the United States Court of Appeals for the 

11 District of Columbia Circuit. 

12 (8) Such Act also requires the Secretary of De13 fense to regularly brief Congress regarding the appli14 cation of the detention authority provided by the 

15 AUMF. 

16 (9) Section 1021 of such Act states that ‘‘Nothing 

17 in this section shall be construed to affect existing law 

18 or authorities relating to the detention of United 

19 States citizens, lawful resident aliens of the United 

20 States, or any other persons who are captured or ar21 rested in the United States.’’. 

22 SEC. 1032. FINDINGS REGARDING HABEAS CORPUS RIGHTS. 

23 Congress finds the following: 

24 (1) Article 1, section 9 of the Constitution states 

25 ‘‘The Privilege of the Writ of Habeas Corpus shall not 

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1 be suspended, unless when in Cases of Rebellion or In2 vasion the public Safety may require it.’’. 

3 (2) Regarding the Great Writ, the Supreme 

4 Court has noted ‘‘The writ of habeas corpus is the 

5 fundamental instrument for safeguarding individual 

6 freedom against arbitrary and lawless state action.’’. 

7 SEC. 1033. HABEAS CORPUS RIGHTS. 

8 Nothing in the Authorization for Use of Military Force 

9 (Public Law 107–40; 50 U.S.C. 1541 note) or the National 

10 Defense Authorization Act for Fiscal Year 2012 (Public 

11 Law 112–81) shall be construed to deny the availability of 

12 the writ of habeas corpus in a court ordained or established 

13 by or under Article III of the Constitution for any person 

14 who is detained in the United States pursuant to the Au15 thorization for Use of Military Force (Public Law 107–40; 

16 50 U.S.C. 1541 note). 

17 SEC. 1034. EXTENSION OF AUTHORITY TO MAKE REWARDS 

18 FOR COMBATING TERRORISM. 

19 (a) EXTENSION.—Section 127b(c)(3)(C) of title 10, 

20 United States Code, is amended by striking ‘‘September 30, 

21 2013’’ and inserting ‘‘September 30, 2014’’. 

22 (b) REPORT TO CONGRESS.—Not later than 180 days 

23 after the date of the enactment of this Act, the Secretary 

24 of Defense shall submit to the congressional defense commit25 tees a report that outlines the future requirements and aumstockstill on DSK4VPTVN1PROD with BILLS

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1 thorities to make rewards for combating terrorism. The re2 port shall include— 

3 (1) an analysis of future requirements under sec4 tion 127b of title 10, United States Code; 

5 (2) a detailed description of requirements for re6 wards in support of operations with allied forces; and 

7 (3) an overview of geographic combatant com8 mander requirements through September 30, 2014. 

9 SEC. 1035. PROHIBITION ON TRAVEL TO THE UNITED 

10 STATES FOR CERTAIN DETAINEES REPATRI11 ATED TO THE FEDERATED STATES OF MICRO12 NESIA, THE REPUBLIC OF PALAU, AND THE 

13 REPUBLIC OF THE MARSHALL ISLANDS. 

14 (a) PROHIBITION ON TRAVEL TO THE UNITED

15 STATES.—Notwithstanding any provision of the applicable 

16 Compact of Free Association described in subsection (c), an 

17 individual described in subsection (b) who has been repatri18 ated to the Federated States of Micronesia, the Republic of 

19 the Marshall Islands, or the Republic of Palau may not be 

20 afforded the rights and benefits put forth in section 141 of 

21 such applicable Compact of Free Association. 

22 (b) INDIVIDUAL DESCRIBED.—An individual described 

23 in this subsection is an individual who— 

24 (1) is not a citizen of the United States or a 

25 member of the Armed Forces of the United States; and 

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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 Free 

13 Association, as amended, between the Government of 

14 the United States of America and the Government of 

15 the Federated States of Micronesia as set forth in sec16 tion 201(a) of the Compact of Free Association 

17 Amendments Act of 2003 (Public Law 108–188; 48 

18 U.S.C. 1921 note); 

19 (2) with respect to an individual repatriated to 

20 the Republic of the Marshall Islands, the Compact of 

21 Free Association, as amended, between the Govern22 ment of the United States of America and the Govern23 ment of the Republic of the Marshall Islands as set 

24 forth in section 201(b) of the Compact of Free Assomstockstill on DSK4VPTVN1PROD with BILLS

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1 ciation Amendments Act of 2003 (Public Law 108– 

2 188; 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 of 

6 America and the Government of Palau as set forth in 

7 section 201 of the joint resolution entitled ‘‘A Joint 

8 Resolution to approve the ‘Compact of Free Associa9 tion’ between the United States and the Government 

10 of Palau, and for other purposes’’, approved Novem11 ber 14, 1986 (Public Law 99–658; 48 U.S.C. 1931 

12 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 this 

18 Act for fiscal year 2013 may be used to transfer, release, 

19 or assist in the transfer or release to or within the United 

20 States, its territories, or possessions of Khalid Sheikh Mo21 hammed 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 

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1 (2) is or was held on or after January 20, 2009, 

2 at United States Naval Station, Guantanamo Bay, 

3 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 Defense 

13 may not use any amounts authorized to be appro14 priated or otherwise available to the Department of 

15 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 un19 less the Secretary submits to Congress the certification 

20 described in subsection (b) not later than 30 days be21 fore the transfer of the individual. 

22 (2) EXCEPTION.—Paragraph (1) shall not apply 

23 to any action taken by the Secretary to transfer any 

24 individual detained at Guantanamo to effectuate an 

25 order affecting the disposition of the individual that 

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1 is issued by a court or competent tribunal of the 

2 United States having lawful jurisdiction (which the 

3 Secretary shall notify Congress of promptly after 

4 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 the 

11 recognized leadership of the foreign entity to which 

12 the individual detained at Guantanamo is to be 

13 transferred— 

14 (A) is not a designated state sponsor of ter15 rorism or a designated foreign terrorist organi16 zation; 

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 certification, 

22 facing a threat that is likely to substantially af23 fect its ability to exercise control over the indi24 vidual; 

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1 (D) has taken or agreed to take effective ac2 tions to ensure that the individual cannot take 

3 action to threaten the United States, its citizens, 

4 or its allies in the future; 

5 (E) has taken or agreed to take such actions 

6 as the Secretary of Defense determines are nec7 essary to ensure that the individual cannot en8 gage or reengage in any terrorist activity; and 

9 (F) has agreed to share with the United 

10 States any information that— 

11 (i) is related to the individual or any 

12 associates of the individual; and 

13 (ii) could affect the security of the 

14 United States, its citizens, or its allies; and 

15 (2) includes an assessment, in classified or un16 classified form, of the capacity, willingness, and past 

17 practices (if applicable) of the foreign country or enti18 ty in relation to the Secretary’s certifications. 

19 (c) PROHIBITION IN CASES OF PRIOR CONFIRMED RE20 CIDIVISM.— 

21 (1) PROHIBITION.—Except as provided in para22 graph (2) and subsection (d), the Secretary of Defense 

23 may not use any amounts authorized to be appro24 priated or otherwise made available to the Depart25 ment of Defense to transfer any individual detained 

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1 at Guantanamo to the custody or control of the indi2 vidual’s country of origin, any other foreign country, 

3 or any other foreign entity if there is a confirmed 

4 case of any individual who was detained at United 

5 States Naval Station, Guantanamo Bay, Cuba, at 

6 any time after September 11, 2001, who was trans7 ferred to such foreign country or entity and subse8 quently engaged in any terrorist activity. 

9 (2) EXCEPTION.—Paragraph (1) shall not apply 

10 to any action taken by the Secretary to transfer any 

11 individual detained at Guantanamo to effectuate an 

12 order affecting the disposition of the individual that 

13 is issued by a court or competent tribunal of the 

14 United States having lawful jurisdiction (which the 

15 Secretary shall notify Congress of promptly after 

16 issuance). 

17 (d) NATIONAL SECURITY WAIVER.— 

18 (1) IN GENERAL.—The Secretary of Defense may 

19 waive the applicability to a detainee transfer of a cer20 tification requirement specified in subparagraph (D) 

21 or (E) of subsection (b)(1) or the prohibition in sub22 section (c), if the Secretary certifies the rest of the cri23 teria required by subsection (b) for transfers prohib24 ited by subsection (c) and, with the concurrence of the 

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1 Secretary of State and in consultation with the Direc2 tor of National Intelligence, determines that— 

3 (A) alternative actions will be taken to ad4 dress the underlying purpose of the requirement 

5 or requirements to be waived; 

6 (B) in the case of a waiver of subparagraph 

7 (D) or (E) of subsection (b)(1), it is not possible 

8 to certify that the risks addressed in the para9 graph to be waived have been completely elimi10 nated, but the actions to be taken under subpara11 graph (A) will substantially mitigate such risks 

12 with regard to the individual to be transferred; 

13 (C) in the case of a waiver of subsection (c), 

14 the Secretary has considered any confirmed case 

15 in which an individual who was transferred to 

16 the country subsequently engaged in terrorist ac17 tivity, and the actions to be taken under sub18 paragraph (A) will substantially mitigate the 

19 risk of recidivism with regard to the individual 

20 to be transferred; and 

21 (D) the transfer is in the national security 

22 interests of the United States. 

23 (2) REPORTS.—Whenever the Secretary makes a 

24 determination under paragraph (1), the Secretary 

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1 gress, not later than 30 days before the transfer of the 

2 individual concerned, the following: 

3 (A) A copy of the determination and the 

4 waiver concerned. 

5 (B) A statement of the basis for the deter6 mination, including— 

7 (i) an explanation why the transfer is 

8 in the national security interests of the 

9 United States; and 

10 (ii) in the case of a waiver of subpara11 graph (D) or (E) of subsection (b)(1), an 

12 explanation why it is not possible to certify 

13 that the risks addressed in the subpara14 graph to be waived have been completely 

15 eliminated. 

16 (C) A summary of the alternative actions to 

17 be taken to address the underlying purpose of, 

18 and to mitigate the risks addressed in, the sub19 paragraph or subsection to be waived. 

20 (D) The assessment required by subsection 

21 (b)(2). 

22 (e) DEFINITIONS.—In this section: 

23 (1) The term ‘‘appropriate committees of Con24 gress’’ means— 

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1 (A) the Committee on Armed Services, the 

2 Committee on Appropriations, and the Select 

3 Committee on Intelligence of the Senate; and 

4 (B) the Committee on Armed Services, the 

5 Committee on Appropriations, and the Perma6 nent Select Committee on Intelligence of the 

7 House of Representatives. 

8 (2) The term ‘‘individual detained at Guanta9 namo’’ means any individual located at United 

10 States Naval Station, Guantanamo Bay, Cuba, as of 

11 October 1, 2009, who— 

12 (A) is not a citizen of the United States or 

13 a member of the Armed Forces of the United 

14 States; and 

15 (B) is— 

16 (i) in the custody or under the control 

17 of the Department of Defense; or 

18 (ii) otherwise under detention at 

19 United States Naval Station, Guantanamo 

20 Bay, Cuba. 

21 (3) The term ‘‘foreign terrorist organization’’ 

22 means any organization so designated by the Sec23 retary of State under section 219 of the Immigration 

24 and Nationality Act (8 U.S.C. 1189). 

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1 SEC. 1038. PROHIBITION ON USE OF FUNDS TO CONSTRUCT 

2 OR MODIFY FACILITIES IN THE UNITED 

3 STATES TO HOUSE DETAINEES TRANS4 FERRED FROM UNITED STATES NAVAL STA5 TION, GUANTANAMO BAY, CUBA. 

6 (a) IN GENERAL.—No amounts authorized to be ap7 propriated or otherwise made available to the Department 

8 of Defense for fiscal year 2013 may be used to construct 

9 or modify any facility in the United States, its territories, 

10 or possessions to house any individual detained at Guanta11 namo for the purposes of detention or imprisonment in the 

12 custody or under the control of the Department of Defense 

13 unless authorized by Congress. 

14 (b) EXCEPTION.—The prohibition in subsection (a) 

15 shall not apply to any modification of facilities at United 

16 States Naval Station, Guantanamo Bay, Cuba. 

17 (c) INDIVIDUAL DETAINED AT GUANTANAMO DE18 FINED.—In this section, the term ‘‘individual detained at 

19 Guantanamo’’ has the meaning given that term in section 

20 1037(e)(2). 

21 SEC. 1039. REPORTS ON RECIDIVISM OF INDIVIDUALS DE22 TAINED AT UNITED STATES NAVAL STATION, 

23 GUANTANAMO BAY, CUBA, THAT HAVE BEEN 

24 TRANSFERRED TO FOREIGN COUNTRIES. 

25 (a) REPORT ON FACTORS CAUSING OR CONTRIBUTING

26 TO RECIDIVISM.—Not later than 60 days after the date of 

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1 the enactment of this Act, and annually thereafter for five 

2 years, the Director of the Defense Intelligence Agency, in 

3 consultation with the head of each element of the intelligence 

4 community that the Director considers appropriate, shall 

5 submit to the covered congressional committees a report as6 sessing the factors that cause or contribute to the recidivism 

7 of individuals detained at Guantanamo that are transferred 

8 or released to a foreign country, including a discussion of 

9 trends, by country and region, where recidivism has oc10 curred. 

11 (b) REPORT ON EFFECTIVENESS OF INTERNATIONAL

12 AGREEMENTS.—Not later than 60 days after the date of the 

13 enactment of this Act, the Secretary of State, with the con14 currence of the Secretary of Defense, shall submit to the cov15 ered congressional committees, the Committee on Foreign 

16 Affairs of the House of Representatives, and the Committee 

17 on Foreign Relations of the Senate a report assessing the 

18 effectiveness of international agreements relating to the 

19 transfer or release of individuals detained at Guantanamo 

20 between the United States and each foreign country to 

21 which an individual detained at Guantanamo has been 

22 transferred or released. 

23 (c) FORM.—The reports required under subsections (a) 

24 and (b) shall be submitted in unclassified form, but may 

25 include a classified annex. 

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1 (d) DEFINITIONS.—In this section: 

2 (1) COVERED CONGRESSIONAL COMMITTEES.— 

3 The term ‘‘covered congressional committees’’ 

4 means— 

5 (A) the Committee on Armed Services and 

6 the Permanent Select Committee on Intelligence 

7 of the House of Representatives; and 

8 (B) the Committee on Armed Services and 

9 the Select Committee on Intelligence of the Sen10 ate. 

11 (2) INDIVIDUAL DETAINED AT GUANTANAMO.— 

12 The term ‘‘individual detained at Guantanamo’’ 

13 means any individual that is or was located at 

14 United States Naval Station, Guantanamo Bay, 

15 Cuba, who— 

16 (A) is not a citizen of the United States or 

17 a member of the Armed Forces of the United 

18 States; and 

19 (B) is or was— 

20 (i) in the custody or under the control 

21 of the Department of Defense; or 

22 (ii) otherwise under detention at 

23 United States Naval Station, Guantanamo 

24 Bay, Cuba. 

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1 SEC. 1040. NOTICE AND REPORT ON USE OF NAVAL VES2 SELS FOR DETENTION OF INDIVIDUALS CAP3 TURED OUTSIDE AFGHANISTAN PURSUANT 

4 TO THE AUTHORIZATION FOR USE OF MILI5 TARY FORCE. 

6 (a) NOTICE TO CONGRESS.—Not later than 5 days 

7 after first detaining an individual who is captured pursu8 ant to the Authorization for Use of Military Force on a 

9 naval vessel outside the United States, the Secretary of De10 fense shall submit to the Committees on Armed Services of 

11 the Senate and House of Representatives notice of the deten12 tion. 

13 (b) REPORT.— 

14 (1) IN GENERAL.—Not later than 90 days after 

15 the date of the enactment of this Act, the Secretary of 

16 Defense shall submit to the Committees on Armed 

17 Services of the Senate and House of Representatives 

18 a report on the use of naval vessels for the detention 

19 outside the United States of any individual who is 

20 captured pursuant to the Authorization for Use of 

21 Military Force (Public Law 107–40; 50 U.S.C. 1541 

22 note). Such report shall include— 

23 (A) procedures and any limitations on de24 taining such individuals at sea on board United 

25 States naval vessels; 

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1 (B) an assessment of any force protection 

2 issues associated with detaining such individuals 

3 on such vessels; 

4 (C) an assessment of the likely effect of such 

5 detentions on the original mission of the naval 

6 vessel; and 

7 (D) any restrictions on long-term detention 

8 of individuals on United States naval vessels. 

9 (2) FORM OF REPORT.—The report required 

10 under paragraph (1) shall be submitted in unclassi11 fied form but may contain a classified annex. 

12 SEC. 1041. NOTICE REQUIRED PRIOR TO TRANSFER OF CER13 TAIN INDIVIDUALS DETAINED AT THE DETEN14 TION FACILITY AT PARWAN, AFGHANISTAN. 

15 (a) NOTICE REQUIRED.—The Secretary of Defense 

16 shall submit to the appropriate congressional committees 

17 notice in writing of the proposed transfer of any individual 

18 detained pursuant to the Authorization for Use of Military 

19 Force (Public Law 107–40; 50 U.S.C. 1541 note) who is 

20 a national of a country other than the United States or 

21 Afghanistan from detention at the Detention Facility at 

22 Parwan, Afghanistan, to the custody of the Government of 

23 Afghanistan or of any other country. Such notice shall be 

24 provided not later than 10 days before such a transfer may 

25 take place. 

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1 (b) ADDITIONAL ASSESSMENTS AND CERTIFI2 CATIONS.—As part of the notice required under subsection 

3 (a), the Secretary shall include the following: 

4 (1) In the case of the proposed transfer of such 

5 an individual by reason of the individual being re6 leased, an assessment of the threat posed by the indi7 vidual and the security environment of the country to 

8 which the individual is to be transferred. 

9 (2) In the case of the proposed transfer of such 

10 an individual to a country other than Afghanistan 

11 for the purpose of the prosecution of the individual, 

12 a certification that an assessment has been conducted 

13 regarding the capacity, willingness, and historical 

14 track record of the country with respect to prosecuting 

15 similar cases, including a description of the evidence 

16 against the individual that is likely to be admissible 

17 as part of the prosecution. 

18 (3) In the case of the proposed transfer of such 

19 an individual for reintegration or rehabilitation in a 

20 country other than Afghanistan, a certification that 

21 an assessment has been conducted regarding the ca22 pacity, willingness, and historical track records of the 

23 country for reintegrating or rehabilitating similar in24 dividuals. 

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1 (4) In the case of the proposed transfer of such 

2 an individual to the custody of the government of Af3 ghanistan for prosecution or detention, a certification 

4 that an assessment has been conducted regarding the 

5 capacity, willingness, and historical track record of 

6 Afghanistan to prosecute or detain long-term such in7 dividuals. 

8 (c) APPROPRIATE CONGRESSIONAL COMMITTEES DE9 FINED.—In this section, the term ‘‘appropriate congres10 sional committees’’ means the Committee on Armed Services 

11 and the Committee on Foreign Affairs of the House of Rep12 resentatives and the Committee on Armed Services and the 

13 Committee on Foreign Relations of the Senate. 

14 SEC. 1042. REPORT ON RECIDIVISM OF INDIVIDUALS FOR15 MERLY DETAINED AT THE DETENTION FACIL16 ITY AT PARWAN, AFGHANISTAN. 

17 (a) REPORT.—Not later than 90 days after the date 

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

19 submit to the relevant congressional committees a report 

20 that— 

21 (1) assesses recidivism rates and the factors that 

22 cause or contribute to the recidivism of individuals 

23 formerly detained at the Detention Facility at 

24 Parwan, Afghanistan, who are transferred or released, 

25 with particular emphasis on individuals transferred 

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1 or released in connection with reconciliation efforts or 

2 peace negotiations; and 

3 (2) includes a general rationale of the Com4 mander, International Security Assistance Force, as 

5 to why such individuals were released. 

6 (b) FORM.—The report required under subsection (a) 

7 shall be submitted in unclassified form, but may include 

8 a classified annex. 

9 (c) RELEVANT CONGRESSIONAL COMMITTEES DE10 FINED.—In this section, the term ‘‘relevant congressional 

11 committees’’ means— 

12 (1) the Committee on Armed Services and the 

13 Committee on Foreign Relations of the Senate; and 

14 (2) the Committee on Armed Services and the 

15 Committee on Foreign Affairs of the House of Rep16 resentatives. 

17 SEC. 1043. ADDITIONAL REQUIREMENTS RELATING TO THE 

18 TRANSFER OF INDIVIDUALS DETAINED AT 

19 GUANTANAMO TO FOREIGN COUNTRIES AND 

20 OTHER FOREIGN ENTITIES. 

21 Section 1028 of the National Defense Authorization 

22 Act for Fiscal Year 2012 (Public Law 112–81) is amend23 ed— 

24 (1) in subsection (a)(1)— 

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1 (A) by striking ‘‘the certification described 

2 in subsection (b) not later than 30 days before 

3 the transfer of the individual’’ and inserting ‘‘by 

4 not later than 90 days before the transfer each 

5 of the following;’’; and 

6 (B) by adding at the end the following new 

7 subparagraphs: 

8 ‘‘(A) The certification described in sub9 section (b). 

10 ‘‘(B) An assessment of the likelihood that 

11 the individual to be transferred will engage in 

12 terrorist activity after the transfer takes place. 

13 ‘‘(C) A detailed summary, in classified or 

14 unclassified form, of the individual’s history of 

15 associations with foreign terrorist organizations 

16 and the individual’s record of cooperation while 

17 in the custody of or under the effective control of 

18 the Department of Defense.’’; and 

19 (2) in subsection (d)(2) — 

20 (A) by striking ‘‘30 days’’ and inserting 

21 ‘‘90 days’’; and 

22 (B) by adding at the end the following new 

23 subparagraphs: 

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1 ‘‘(E) An assessment of the likelihood that 

2 the individual to be transferred will engage in 

3 terrorist activity after the transfer takes place. 

4 ‘‘(F) A detailed summary, in classified or 

5 unclassified form, of the individual’s history of 

6 associations with foreign terrorist organizations 

7 and the individual’s record of cooperation while 

8 in the custody of or under the effective control of 

9 the Department of Defense.’’. 

10 Subtitle E—Nuclear Forces 

11 SEC. 1051. NUCLEAR WEAPONS EMPLOYMENT STRATEGY OF 

12 THE UNITED STATES. 

13 (a) SENSE OF CONGRESS.—Subsection (a) of section 

14 1046 of the National Defense Authorization Act for Fiscal 

15 Year 2012 (Public Law 112–81; 125 Stat. 1579) is amended 

16 to read as follows: 

17 ‘‘(a) SENSE OF CONGRESS.—It is the sense of Congress 

18 that— 

19 ‘‘(1) any future modification to the nuclear 

20 weapons employment strategy, plans, and options of 

21 the United States should maintain or enhance the 

22 ability of the nuclear forces of the United States to 

23 support the goals of the United States with respect to 

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1 ances for allies, and the defense of the United States; 

2 and 

3 ‘‘(2) the oversight responsibility of Congress in4 cludes oversight of the nuclear weapons employment 

5 strategy, plans, and options of the United States and 

6 that therefore the Chairmen and Ranking Members of 

7 the Committees on Armed Services of the Senate and 

8 House of Representatives, and such professional staff 

9 as they designate, should have access to the nuclear 

10 weapons employment strategy, plans, and options of 

11 the United States.’’. 

12 (b) REPORTS ON STRATEGY.—Section 491 of title 10, 

13 United States Code, is— 

14 (1) transferred to chapter 24 of such title, as 

15 added by subsection (c)(1); and 

16 (2) amended— 

17 (A) in the heading, by inserting ‘‘weap18 ons’’ after ‘‘Nuclear’’; 

19 (B) by striking ‘‘nuclear employment strat20 egy’’ each place it appears and inserting ‘‘nu21 clear weapons employment strategy’’; 

22 (C) in paragraph (1)— 

23 (i) by inserting ‘‘the’’ after ‘‘modifica24 tions to’’; and 

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1 (ii) by inserting ‘‘, plans, and options’’ 

2 after ‘‘employment strategy’’; 

3 (D) by inserting after paragraph (3) the fol4 lowing new paragraph: 

5 ‘‘(4) the extent to which such modifications in6 clude an increased reliance on conventional or non7 nuclear global strike capabilities or missile defenses of 

8 the United States.’’; 

9 (E) by striking ‘‘On the date’’ and inserting 

10 ‘‘(a) REPORTS.—On the date’’; and 

11 (F) by adding at the end the following new 

12 subsection: 

13 ‘‘(b) ANNUAL BRIEFINGS.—Not later than March 15 

14 of each year, the Secretary of Defense shall provide to the 

15 congressional defense committees a briefing regarding the 

16 nuclear weapons employment strategy, plans, and options 

17 of the United States.’’. 

18 (c) CLERICAL AND CONFORMING AMENDMENTS.— 

19 (1) CHAPTER 24.—Part I of subtitle A of title 10, 

20 United States Code, is amended by adding at the end 

21 the following new chapter: 

22 ‘‘CHAPTER 24—NUCLEAR POSTURE 

‘‘Sec. 

‘‘491. Nuclear weapons employment strategy of the United States: modification of 

strategy.’’. 

23 (2) TABLE OF CHAPTERS.—The table of chapters 

24 at the beginning of subtitle A of title 10, United 

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1 States Code, and at the beginning of part I of such 

2 subtitle, are each amended by inserting after the item 

3 relating to chapter 23 the following new item: 

‘‘24. Nuclear posture ............................................................................... 491’’. 

4 (3) TRANSFER OF PROVISIONS.— 

5 (A) CHAPTER 23.—Chapter 23 of title 10, 

6 United States Code, is amended as follows: 

7 (i) Section 490a is— 

8 (I) transferred to chapter 24 of 

9 such title, as added by paragraph (1); 

10 (II) inserted after section 491 of 

11 such title, as added to such chapter 24 

12 by subsection (b)(1); and 

13 (III) redesignated as section 492. 

14 (ii) The table of sections at the begin15 ning of such chapter 23 is amended by 

16 striking the items relating to sections 490a 

17 and 491. 

18 (B) FY12 NDAA.—Section 1077 of the Na19 tional Defense Authorization Act for Fiscal Year 

20 2012 (Public Law 112–81; 50 U.S.C. 2514) is— 

21 (i) transferred to chapter 24 of title 10, 

22 United States Code, as added by paragraph 

23 (1); 

24 (ii) inserted after section 492 of such 

25 title, as added by subparagraph (A)(i); 

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1 (iii) redesignated as section 493; and 

2 (iv) amended by striking ‘‘the date of 

3 the enactment of this Act’’ and inserting 

4 ‘‘December 31, 2011,’’. 

5 (C) CHAPTER 24.—The table of sections at 

6 the beginning of chapter 24 of title 10, United 

7 States Code, as added by paragraph (1), is 

8 amended by inserting after the item relating to 

9 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.’’. 

10 (4) CONFORMING AMENDMENT.—Section 1041(b) 

11 of the National Defense Authorization Act for Fiscal 

12 Year 2012 (Public Law 112–81; 125 Stat. 1574) is 

13 amended by striking ‘‘section 490a of title 10, United 

14 States Code, as added by subsection (a),’’ and insert15 ing ‘‘section 492 of title 10, United States Code,’’. 

16 SEC. 1052. COMMITMENTS FOR NUCLEAR WEAPONS STOCK17 PILE MODERNIZATION. 

18 (a) FINDINGS.—Congress finds the following: 

19 (1) In 2008, then Secretary of Defense Robert 

20 Gates warned that ‘‘to be blunt, there is absolutely no 

21 way we can maintain a credible deterrent and reduce 

22 the number of weapons in our stockpile without either 

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1 resorting to testing our stockpile or pursuing a mod2 ernization program.’’. 

3 (2) Secretary Gates also warned in September 

4 2009 that modernization is a prerequisite to nuclear 

5 force reductions, stating that modernizing the nuclear 

6 capability of the United States is an ‘‘enabler of arms 

7 control and our ability to reduce the size of our nu8 clear stockpile. When we have more confidence in the 

9 long-term viability of our weapons systems, then our 

10 ability to reduce the number of weapons we must keep 

11 in the stockpile is enhanced.’’. 

12 (3) President Obama’s 2010 Nuclear Posture Re13 view stated that— 

14 (A) ‘‘In order to sustain a safe, secure, and 

15 effective U.S. nuclear stockpile as long as nuclear 

16 weapons exist, the United States must possess a 

17 modern physical infrastructure—comprised of 

18 the national security laboratories and a complex 

19 of supporting facilities.’’; and 

20 (B) ‘‘[I]mplementation of the Stockpile 

21 Stewardship Program and the nuclear infra22 structure investments recommended in the NPR 

23 will allow the United States to shift away from 

24 retaining large numbers of non-deployed war25 heads as a hedge against technical or geopolitical 

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1 surprise, allowing major reductions in the nu2 clear stockpile. These investments are essential to 

3 facilitating reductions while sustaining deter4 rence under New START and beyond.’’. 

5 (4) Section 1251 of the National Defense Author6 ization Act for Fiscal Year 2010 (Public Law 111– 

7 84; 123 Stat. 2549) required the President to submit 

8 a report to Congress on the plan for the nuclear 

9 weapons stockpile, nuclear weapons complex, and de10 livery platforms at the time a follow-on treaty to the 

11 Strategic Arms Reduction Treaty was submitted by 

12 the President to the Senate. The President submitted 

13 such report in May 2010 and submitted updates in 

14 November 2010 and February 2011. 

15 (5) Such section 1251 also contained a sense of 

16 Congress that ‘‘the enhanced safety, security, and reli17 ability of the nuclear weapons stockpile, moderniza18 tion of the nuclear weapons complex, and mainte19 nance of nuclear delivery systems are key to enabling 

20 further reductions in the nuclear forces of the United 

21 States.’’. 

22 (6) Forty-one Senators wrote to President 

23 Obama on December 15, 2009, stating, ‘‘we don’t be24 lieve further reductions can be in the national secumstockstill on DSK4VPTVN1PROD with BILLS

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1 rity interest of the U.S. in the absence of a significant 

2 program to modernize our nuclear deterrent.’’. 

3 (7) Former Secretary of Defense and Secretary of 

4 Energy James Schlesinger stated, while testifying be5 fore the Committee on Foreign Relations of the Senate 

6 in April 2010, ‘‘I believe that it is immensely impor7 tant for the Senate to ensure, what the Administra8 tion has stated as its intent, i.e., that there be a ro9 bust plan with a continuation of its support over the 

10 full 10 years, before it proceeds to ratify this START 

11 follow-on treaty.’’. 

12 (8) Former Secretary of State James Baker stat13 ed in testimony before the Committee on Foreign Re14 lations of the Senate in May 2010 that ‘‘because our 

15 security is based upon the safety and reliability of 

16 our nuclear weapons, it is important that our Gov17 ernment budget enough money to guarantee that those 

18 weapons can carry out their mission.’’. 

19 (9) Former Secretary of State Henry Kissinger 

20 also stated in May 2010 while testifying before the 

21 Committee on Foreign Relations of the Senate that 

22 ‘‘as part of a number of recommendations, my col23 leagues, Bill Perry, George Shultz, Sam Nunn, and I 

24 have called for significant investments in a repaired 

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1 and modernized nuclear weapons infrastructure and 

2 added resources for the three national laboratories.’’. 

3 (10) Then Secretary of Defense Robert Gates, 

4 while testifying before the Committee on Armed Serv5 ices of the Senate in June 2010, stated, ‘‘I see this 

6 treaty as a vehicle to finally be able to get what we 

7 need in the way of modernization that we have been 

8 unable to get otherwise. . . . We are essentially the 

9 only nuclear power in the world that is not carrying 

10 out these kinds of modernization programs.’’. 

11 (11) Secretary Gates further stated that ‘‘I’ve 

12 been up here for the last four springs trying to get 

13 money for this and this is the first time I think I’ve 

14 got a fair shot of actually getting money for our nu15 clear arsenal.’’. 

16 (12) The Directors of the national nuclear weap17 ons laboratories wrote to the chairman and ranking 

18 member of the Committee on Foreign Relations of the 

19 Senate in December 2010 that ‘‘We are very pleased 

20 by the update to the Section 1251 Report, as it would 

21 enable the laboratories to execute our requirements for 

22 ensuring a safe, secure, reliable and effective stockpile 

23 under the Stockpile Stewardship and Management 

24 Plan. In particular, we are pleased because it clearly 

25 responds to many of the concerns that we and others 

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1 have voiced in the past about potential future-year 

2 funding shortfalls, and it substantially reduces risks 

3 to the overall program. In summary, we believe that 

4 the proposed budgets provide adequate support to sus5 tain the safety, security, reliability and effectiveness 

6 of America’s nuclear deterrent within the limit of 

7 1,550 deployed strategic warheads established by the 

8 New START Treaty with adequate confidence and ac9 ceptable risk.’’. 

10 (13) President Obama pledged, in a December 

11 2010 letter to several Senators, ‘‘I recognize that nu12 clear modernization requires investment for the long13 term. . . . That is my commitment to the Congress— 

14 that my Administration will pursue these programs 

15 and capabilities for as long as I am President.’’. 

16 (14) Secretary Gates added in May 2011 that, 

17 ‘‘this modernization program was very carefully 

18 worked out between ourselves and the Department of 

19 Energy; and, frankly, where we came out on that 

20 played a fairly significant role in the willingness of 

21 the Senate to ratify the New START agreement.’’. 

22 (15) The Administrator for Nuclear Security, 

23 Thomas D’Agostino, testified before Congress in No24 vember 2011 that, ‘‘it is critical to accept the linkage 

25 between modernizing our current stockpile in order to 

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1 achieve the policy objective of decreasing the number 

2 of weapons we have in our stockpile, while still ensur3 ing that the deterrent is safe, secure, and effective.’’. 

4 (b) NEW START TREATY DEFINED.—In this subtitle, 

5 the term ‘‘New START Treaty’’ means the Treaty between 

6 the United States of America and the Russian Federation 

7 on Measures for the Further Reduction and Limitation of 

8 Strategic Offensive Arms, signed on April 8, 2010, and en9 tered into force on February 5, 2011. 

10 SEC. 1053. LIMITATION AND REPORT IN THE EVENT OF IN11 SUFFICIENT FUNDING FOR MODERNIZATION 

12 OF NUCLEAR WEAPONS STOCKPILE. 

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

14 that— 

15 (1) consistent with Condition 9 of the Resolution 

16 of Advice and Consent to Ratification of the New 

17 START Treaty of the Senate, agreed to on December 

18 22, 2011, the United States is committed to ensuring 

19 the safety, security, reliability, and credibility of its 

20 nuclear forces; and 

21 (2) the United States is committed to— 

22 (A) proceeding with a robust stockpile stew23 ardship program and maintaining and modern24 izing nuclear weapons production capabilities 

25 and capacities of the United States to ensure the 

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1 safety, security, reliability, and credibility of the 

2 nuclear arsenal of the United States at the New 

3 START Treaty levels and meeting requirements 

4 for hedging against possible international devel5 opments or technical problems; 

6 (B) reinvigorating and sustaining the nu7 clear security laboratories of the United States 

8 and preserving the core nuclear weapons com9 petencies therein; and 

10 (C) providing the resources needed to 

11 achieve these objectives, at a minimum at the 

12 levels set forth in the President’s 10-year plan 

13 provided to Congress in November 2010 pursu14 ant to section 1251 of the National Defense Au15 thorization Act for Fiscal Year 2010 (Public 

16 Law 111–84; 123 Stat. 2549). 

17 (b) INSUFFICIENT FUNDING REPORT AND LIMITA18 TION.— 

19 (1) IN GENERAL.—Paragraph (2) of section 

20 1045(a) of the National Defense Authorization Act for 

21 Fiscal Year 2012 (50 U.S.C. 2523b) is amended to 

22 read as follows: 

23 ‘‘(2) INSUFFICIENT FUNDING.— 

24 ‘‘(A) REPORT.—During each year in which 

25 the New START Treaty is in force, if the Presimstockstill on DSK4VPTVN1PROD with BILLS

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1 dent determines that an appropriations Act is 

2 enacted that fails to meet the resource levels set 

3 forth in the November 2010 update to the plan 

4 referred to in section 1251 of the National De5 fense Authorization Act for Fiscal Year 2010 

6 (Public Law 111–84; 123 Stat. 2549) or if at 

7 any time determines that more resources are re8 quired to carry out such plan than were esti9 mated, the President shall submit to the appro10 priate congressional committees, within 60 days 

11 of making such a determination, a report detail12 ing— 

13 ‘‘(i) a plan to remedy the resource 

14 shortfall; 

15 ‘‘(ii) if more resources are required to 

16 carry out the plan than were estimated— 

17 ‘‘(I) the proposed level of funding 

18 required; and 

19 ‘‘(II) an identification of the 

20 stockpile work, campaign, facility, site, 

21 asset, program, operation, activity, 

22 construction, or project for which addi23 tional funds are required; 

24 ‘‘(iii) any effects caused by the shortfall 

25 on the safety, security, reliability, or credimstockstill on DSK4VPTVN1PROD with BILLS

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1 bility of the nuclear forces of the United 

2 States; and 

3 ‘‘(iv) whether and why, in light of the 

4 shortfall, remaining a party to the New 

5 START Treaty is in the national interest of 

6 the United States. 

7 ‘‘(B) LIMITATION.—If the President submits 

8 a report under subparagraph (A), none of the 

9 funds made available for fiscal year 2012 or any 

10 fiscal year thereafter for the Department of De11 fense or the National Nuclear Security Adminis12 tration may be used to reduce the number of de13 ployed nuclear warheads until— 

14 ‘‘(i) after the date on which such report 

15 is submitted, the President certifies in writ16 ing to the appropriate congressional com17 mittees that the resource shortfall identified 

18 in such report has been addressed; and 

19 ‘‘(ii) a period of 120 days has elapsed 

20 following the date on which such certifi21 cation is made. 

22 ‘‘(C) EXCEPTION.—The limitation in sub23 paragraph (B) shall not apply to— 

24 ‘‘(i) reductions made to ensure the safe25 ty, security, reliability, and credibility of 

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1 the nuclear weapons stockpile and strategic 

2 delivery systems, including activities related 

3 to surveillance, assessment, certification, 

4 testing, and maintenance of nuclear war5 heads and strategic delivery systems; or 

6 ‘‘(ii) nuclear warheads that are retired 

7 or awaiting dismantlement on the date of 

8 the report under subparagraph (A). 

9 ‘‘(D) DEFINITIONS.—In this paragraph: 

10 ‘‘(i) The term ‘appropriate congres11 sional committees’ means— 

12 ‘‘(I) the congressional defense 

13 committees; and 

14 ‘‘(II) the Committee on Foreign 

15 Relations of the Senate and the Com16 mittee on Foreign Affairs of the House 

17 of Representatives. 

18 ‘‘(ii) The term ‘New START Treaty’ 

19 means the Treaty between the United States 

20 of America and the Russian Federation on 

21 Measures for the Further Reduction and 

22 Limitation of Strategic Offensive Arms, 

23 signed on April 8, 2010, and entered into 

24 force on February 5, 2011.’’. 

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1 (2) EFFECTIVE DATE.—The amendment made by 

2 paragraph (1) shall take effect on October 1, 2012. 

3 SEC. 1054. PROGRESS OF MODERNIZATION. 

4 (a) FINDINGS.—Congress finds the following: 

5 (1) In 2008, then Secretary of Defense Robert 

6 Gates warned that ‘‘to be blunt, there is absolutely no 

7 way we can maintain a credible deterrent and reduce 

8 the number of weapons in our stockpile without either 

9 resorting to testing our stockpile or pursuing a mod10 ernization program.’’. 

11 (2) The 2010 Nuclear Posture Review stated that 

12 ‘‘the President has directed a review of post-New 

13 START arms control objectives, to consider future re14 ductions in nuclear weapons. Several factors will in15 fluence the magnitude and pace of future reductions 

16 in U.S. nuclear forces below New START levels’’, in17 cluding— 

18 (A) ‘‘First, any future nuclear reductions 

19 must continue to strengthen deterrence of poten20 tial regional adversaries, strategic stability vis21 `a-vis Russia and China, and assurance of our 

22 allies and partners. This will require an updated 

23 assessment of deterrence requirements; further 

24 improvements in U.S., allied, and partner non25 nuclear capabilities; focused reductions in stramstockstill on DSK4VPTVN1PROD with BILLS

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1 tegic and non-strategic weapons; and close con2 sultations with allies and partners. The United 

3 States will continue to ensure that, in the cal4 culations of any potential opponent, the per5 ceived gains of attacking the United States or its 

6 allies and partners would be far outweighed by 

7 the unacceptable costs of the response.’’; 

8 (B) ‘‘Second, implementation of the Stock9 pile Stewardship Program and the nuclear in10 frastructure investments recommended in the 

11 NPR will allow the United States to shift away 

12 from retaining large numbers of non-deployed 

13 warheads as a hedge against technical or geo14 political surprise, allowing major reductions in 

15 the nuclear stockpile. These investments are es16 sential to facilitating reductions while sustaining 

17 deterrence under New START and beyond.’’; and 

18 (C) ‘‘Third, Russia’s nuclear force will re19 main a significant factor in determining how 

20 much and how fast we are prepared to reduce 

21 U.S. forces. Because of our improved relations, 

22 the need for strict numerical parity between the 

23 two countries is no longer as compelling as it 

24 was during the Cold War. But large disparities 

25 in nuclear capabilities could raise concerns on 

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1 both sides and among U.S. allies and partners, 

2 and may not be conducive to maintaining a sta3 ble, long-term strategic relationship, especially as 

4 nuclear forces are significantly reduced. There5 fore, we will place importance on Russia joining 

6 us as we move to lower levels.’’. 

7 (3) The 2010 Nuclear Posture Review also stated 

8 that the Administration would ‘‘conduct follow-on 

9 analysis to set goals for future nuclear reductions 

10 below the levels expected in New START, while 

11 strengthening deterrence of potential regional adver12 saries, strategic stability vis-a`-vis Russia and China, 

13 and assurance of our allies and partners.’’. 

14 (4) The Secretary of Defense has warned in testi15 mony before the Committee on Armed Services of the 

16 House of Representatives regarding the sequestration 

17 mechanism under section 251A of the Balanced Budg18 et and Emergency Deficit Control Act of 1985 that ‘‘if 

19 this sequester goes into effect and it doubles the num20 ber of cuts, then it’ll truly devastate our national de21 fense, because it will then require that we have to go 

22 at our force structure. We will have to hollow it out 

23 . . . [i]t will badly damage our capabilities for the 

24 future. . . . And if you have a smaller force, you’re 

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1 not going to be able to be out there responding in as 

2 many areas as we do now.’’. 

3 (5) The 2010 Nuclear Posture Review also stated 

4 that ‘‘by modernizing our aging nuclear facilities and 

5 investing in human capital, we can substantially re6 duce the number of nuclear weapons we retain as a 

7 hedge.’’. 

8 (6) The President requested the promised 

9 $7,600,000,000 for weapons activities of the National 

10 Nuclear Security Administration in fiscal year 2012 

11 but signed an appropriations Act for fiscal year 2012 

12 that provided only $7,233,997,000, a substantial re13 duction to only the second year of the ten-year plan 

14 under section 1251 of the National Defense Authoriza15 tion Act for Fiscal Year 2010 (Public Law 111–84; 

16 123 Stat. 2549). 

17 (7) The President requested only $7,577,341,000 

18 for weapons activities of the National Nuclear Secu19 rity Administration in fiscal year 2013 while the 

20 President’s section 1251 plan promised 

21 $7,900,000,000. 

22 (8) The President’s section 1251 plan further 

23 promised to request $8,400,000,000 in fiscal year 

24 2014, $8,700,000,000 in fiscal year 2015, 

25 $8,900,000,000 in fiscal year 2016, at least 

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1 $8,900,000,000 in fiscal year 2017, at least 

2 $9,200,000,000 in fiscal year 2018, at least 

3 $9,400,000,000 in fiscal year 2019, at least 

4 $9,400,000,000 in fiscal year 2020, and at least 

5 $9,500,000,000 in fiscal year 2021. 

6 (9) While the administration has not yet shared 

7 with Congress the terms of reference of the so-called 

8 Nuclear Posture Review Implementation Study, or 

9 the Department of Defense’s instructions for that re10 view, the only publicly available statements by the 

11 administration, including language from the Nuclear 

12 Posture Review, suggest the review was specifically 

13 instructed by the President and his senior political 

14 appointees to only consider reductions to the nuclear 

15 forces of the United States. 

16 (10) When asked at a hearing if the New START 

17 Treaty allowed the United States ‘‘to maintain a nu18 clear arsenal that is more than is needed to guarantee 

19 an adequate deterrent,’’ then Commander of the 

20 United States Strategic Command, General Kevin P. 

21 Chilton said, ‘‘I do not agree that it is more than is 

22 needed. I think the arsenal that we have is exactly 

23 what is needed today to provide the deterrent.’’. 

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1 (b) NUCLEAR EMPLOYMENT STRATEGY.—Section 491 

2 of title 10, United States Code, as amended by section 1051, 

3 is amended by adding after subsection (b) the following: 

4 ‘‘(c) LIMITATION.—With respect to a new nuclear 

5 weapons employment strategy described in a report sub6 mitted to Congress under subsection (a), none of the funds 

7 made available for fiscal year 2012 or any fiscal year there8 after for the Department of Defense may be used to imple9 ment such strategy until a period of one year has elapsed 

10 following the date on which such report is submitted to Con11 gress.’’. 

12 (c) LIMITATION.—During each of fiscal years 2012 

13 through 2021, none of the funds made available for each 

14 such fiscal year for the Department of Defense may be used 

15 to carry out the results of the decisions made pursuant to 

16 the 2010 Nuclear Posture Review Implementation Study 

17 that would alter the nuclear weapons employment strategy, 

18 guidance, plans, or options of the United States until the 

19 date on which the President certifies to the congressional 

20 defense committees that— 

21 (1) the President has included the resources nec22 essary to carry out the February 2011 update to the 

23 report required under section 1251 of the National 

24 Defense Authorization Act for Fiscal Year 2010 (Pub25 lic Law 111–84; 123 Stat. 2549) in the budget of the 

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1 President submitted to Congress under section 

2 1105(a) of title 31, United States Code, for such fiscal 

3 year; 

4 (2) the resources described in paragraph (1) have 

5 been provided to the President in an appropriations 

6 Act; and 

7 (3) the sequestration mechanism under section 

8 251A of the Balanced Budget and Emergency Deficit 

9 Control Act of 1985 has been repealed or the seques10 tration mechanism under such section for the security 

11 category has otherwise been terminated. 

12 SEC. 1055. LIMITATION ON STRATEGIC DELIVERY SYSTEM 

13 REDUCTIONS. 

14 (a) FINDINGS.—Congress finds the following: 

15 (1) The Nuclear Posture Review of 2010 said, 

16 with respect to modernizing the triad, ‘‘for planned 

17 reductions under New START, the United States 

18 should retain a smaller Triad of SLBMs, ICBMs, and 

19 heavy bombers. Retaining all three Triad legs will 

20 best maintain strategic stability at reasonable cost, 

21 while hedging against potential technical problems or 

22 vulnerabilities.’’. 

23 (2) The Senate stated in Declaration 13 of the 

24 Resolution of Advice and Consent to Ratification of 

25 the New START Treaty that ‘‘In accordance with 

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1 paragraph 1 of Article V of the New START Treaty, 

2 which states that, ‘Subject to the provisions of this 

3 Treaty, modernization and replacement of strategic 

4 offensive arms may be carried out,’ it is the sense of 

5 the Senate that United States deterrence and flexi6 bility is assured by a robust triad of strategic delivery 

7 vehicles. To this end, the United States is committed 

8 to accomplishing the modernization and replacement 

9 of its strategic nuclear delivery vehicles, and to ensur10 ing the continued flexibility of United States conven11 tional and nuclear delivery systems.’’. 

12 (3) The Senate required the President, prior to 

13 the entry into force of the New START Treaty, to cer14 tify to the Senate that the President intended to mod15 ernize or replace the triad of strategic nuclear deliv16 ery systems. 

17 (4) The President made this certification in a 

18 message to the Senate on February 2, 2011, in which 

19 the President stated, ‘‘I intend to (a) modernize or re20 place the triad of strategic nuclear delivery systems: 

21 a heavy bomber and air-launched cruise missile, an 

22 ICBM, and a nuclear-powered ballistic missile sub23 marine (SSBN) and SLBM; and (b) maintain the 

24 United States rocket motor industrial base.’’. 

25 (b) LIMITATION.— 

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1 (1) IN GENERAL.—Chapter 24 of title 10, United 

2 States Code, as added by section 1051, is amended by 

3 adding at the end the following new section: 

4 ‘‘§ 494. Strategic delivery system reductions 

5 ‘‘(a) ANNUAL CERTIFICATION.—Beginning fiscal year 

6 2013, the President shall annually certify in writing to the 

7 congressional defense committees whether plans to mod8 ernize or replace strategic delivery systems are fully 

9 resourced and being executed at a level equal to or more 

10 than the levels set forth in the November 2010 update to 

11 the plan referred to in section 1251 of the National Defense 

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

13 84; 123 Stat. 2549), including plans regarding— 

14 ‘‘(1) a heavy bomber and air-launched cruise 

15 missile; 

16 ‘‘(2) an intercontinental ballistic missile; 

17 ‘‘(3) a submarine-launched ballistic missile; 

18 ‘‘(4) a ballistic missile submarine; and 

19 ‘‘(5) maintaining— 

20 ‘‘(A) the nuclear command and control sys21 tem; and 

22 ‘‘(B) the rocket motor industrial base of the 

23 United States. 

24 ‘‘(b) LIMITATION.—If the President certifies under sub25 section (a) that plans to modernize or replace strategic demstockstill on DSK4VPTVN1PROD with BILLS

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1 livery systems are not fully resourced or being executed, 

2 none of the funds made available for fiscal year 2012 or 

3 any fiscal year thereafter for the Department of Defense 

4 may be used to reduce, convert, or eliminate strategic deliv5 ery systems, whether deployed or nondeployed, pursuant to 

6 the New START Treaty or otherwise until a period of 120 

7 days has elapsed following the date on which such certifi8 cation is made. 

9 ‘‘(c) EXCEPTION.—The limitation in subsection (b) 

10 shall not apply to— 

11 ‘‘(1) reductions made to ensure the safety, secu12 rity, reliability, and credibility of the nuclear weap13 ons stockpile and strategic delivery systems, including 

14 activities related to surveillance, assessment, certifi15 cation, testing, and maintenance of nuclear warheads 

16 and delivery systems; or 

17 ‘‘(2) strategic delivery systems that are retired or 

18 awaiting dismantlement on the date of the certifi19 cation under subsection (a). 

20 ‘‘(d) DEFINITIONS.—In this section: 

21 ‘‘(1) The term ‘New START Treaty’ means the 

22 Treaty between the United States of America and the 

23 Russian Federation on Measures for the Further Re24 duction and Limitation of Strategic Offensive Arms, 

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1 signed on April 8, 2010, and entered into force on 

2 February 5, 2011. 

3 ‘‘(2) The term ‘strategic delivery system’ means 

4 a delivery platform for nuclear weapons.’’. 

5 (2) CLERICAL AMENDMENTS.—The table of sec6 tions at the beginning of such chapter is amended by 

7 adding at the end the following new item: 

‘‘494. Strategic delivery system reductions.’’. 

8 SEC. 1056. PREVENTION OF ASYMMETRY OF NUCLEAR 

9 WEAPON STOCKPILE REDUCTIONS. 

10 (a) FINDINGS.—Congress finds the following: 

11 (1) Then Secretary of Defense Robert Gates 

12 warned in 2008 that, ‘‘There is no way to ignore ef13 forts by rogue states such as North Korea and Iran 

14 to develop and deploy nuclear weapons or Russian or 

15 Chinese strategic modernization programs. To be sure, 

16 we do not consider Russia or China as adversaries, 

17 but we cannot ignore these developments and the im18 plications they have for our national security.’’. 

19 (2) The 2010 Nuclear Posture Review stated 

20 that, ‘‘large disparities in nuclear capabilities could 

21 raise concerns on both sides and among U.S. allies 

22 and partners, and may not be conducive to maintain23 ing a stable, long-term strategic relationship, espe24 cially as nuclear forces are significantly reduced.’’. 

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1 (3) The Senate stated in the Resolution of Advice 

2 and Consent to Ratification of the New START Trea3 ty that, ‘‘It is the sense of the Senate that, in con4 ducting the reductions mandated by the New START 

5 Treaty, the President should regulate reductions in 

6 United States strategic offensive arms so that the 

7 number of accountable strategic offensive arms under 

8 the New START Treaty possessed by the Russian 

9 Federation in no case exceeds the comparable number 

10 of accountable strategic offensive arms possessed by 

11 the United States to such an extent that a strategic 

12 imbalance endangers the national security interests of 

13 the United States.’’. 

14 (4) At a hearing before the Committee on Armed 

15 Services of the House of Representatives in 2011, Sec16 retary of Defense Leon Panetta said, with respect to 

17 unilateral nuclear reductions by the United States, ‘‘I 

18 don’t think we ought to do that unilaterally—we 

19 ought to do that on the basis of negotiations with the 

20 Russians and others to make sure we are all walking 

21 the same path.’’. 

22 (b) CERTIFICATION.—Section 1045 of the National De23 fense Authorization Act for Fiscal Year 2012 (50 U.S.C. 

24 2523b) is amended by adding at the end the following new 

25 subsection: 

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1 ‘‘(d) PREVENTION OF ASYMMETRY IN REDUCTIONS.— 

2 ‘‘(1) CERTIFICATION.—During any year in 

3 which the President recommends to reduce the number 

4 of nuclear weapons in the active and inactive stock5 piles of the United States by a number that is greater 

6 than one percent of the number of nuclear weapons in 

7 such stockpiles, the President shall certify in writing 

8 to the congressional defense committees whether such 

9 reductions will cause the number of nuclear weapons 

10 in such stockpiles to be fewer than the number of nu11 clear weapons in the active and inactive stockpiles of 

12 the Russian Federation. 

13 ‘‘(2) LIMITATION.—If the President certifies 

14 under paragraph (1) that the recommended number of 

15 nuclear weapons in the active and inactive stockpiles 

16 of the United States is fewer than the number of nu17 clear weapons in the active and inactive stockpiles of 

18 the Russian Federation, none of the funds made 

19 available for fiscal year 2012 or any fiscal year there20 after for the Department of Defense or the National 

21 Nuclear Security Administration may be used to 

22 carry out any reduction to such stockpiles of the 

23 United States until— 

24 ‘‘(A) after the date on which such certifi25 cation is made, the President transmits to the 

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1 congressional defense committees a report by the 

2 Commander of the United States Strategic Com3 mand, without change, detailing whether the rec4 ommended reduction would create a strategic im5 balance between the total nuclear forces of the 

6 United States and the total nuclear forces of the 

7 Russian Federation; and 

8 ‘‘(B) a period of 180 days has elapsed fol9 lowing the date on which such report is trans10 mitted. 

11 ‘‘(3) EXCEPTION.—The limitation in paragraph 

12 (2) shall not apply to— 

13 ‘‘(A) reductions made to ensure the safety, 

14 security, reliability, and credibility of the nu15 clear weapons stockpile and strategic delivery 

16 systems, including activities related to surveil17 lance, assessment, certification, testing, and 

18 maintenance of nuclear warheads and strategic 

19 delivery systems; or 

20 ‘‘(B) nuclear warheads that are retired or 

21 awaiting dismantlement on the date of the cer22 tification under paragraph (1).’’. 

23 SEC. 1057. CONSIDERATION OF EXPANSION OF NUCLEAR 

24 FORCES OF OTHER COUNTRIES. 

25 (a) FINDINGS.—Congress finds the following: 

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1 (1) The Resolution of Advice and Consent to 

2 Ratification of the New START Treaty of the Senate 

3 said, ‘‘It is the sense of the Senate that if, during the 

4 time the New START Treaty remains in force, the 

5 President determines that there has been an expan6 sion of the strategic arsenal of any country not party 

7 to the New START Treaty so as to jeopardize the su8 preme interests of the United States, then the Presi9 dent should consult on an urgent basis with the Sen10 ate to determine whether adherence to the New 

11 START Treaty remains in the national interest of the 

12 United States.’’. 

13 (2) In 2011, experts testified before the Com14 mittee on Armed Services of the House of Representa15 tives that— 

16 (A) ‘‘Russia is modernizing every leg of its 

17 nuclear triad with new, more advanced systems’’, 

18 including new ballistic missile submarines, new 

19 heavy intercontinental ballistic missiles carrying 

20 up to 15 warheads each, new shorter range bal21 listic missiles, and new low-yield warheads; and 

22 (B) ‘‘China is steadily increasing the num23 bers and capabilities of the ballistic missiles it 

24 deploys and is upgrading older ICBMs to newer, 

25 more advanced systems. China also appears to be 

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1 actively working to develop a submarine-based 

2 nuclear deterrent force, something it has never 

3 had. . . . A recent unclassified Department of De4 fense report says that this network of tunnels 

5 could be in excess of 5,000 kilometers and is used 

6 to transport nuclear weapons and forces.’’. 

7 (b) REPORT AND CERTIFICATION.— 

8 (1) IN GENERAL.—Chapter 24 of title 10, United 

9 States Code, as added by section 1051, is amended by 

10 adding at the end the following new section: 

11 ‘‘§ 495. Consideration of expansion of nuclear forces of 

12 other countries 

13 ‘‘(a) REPORT AND CERTIFICATION.—During any year 

14 in which the President recommends any reductions in the 

15 nuclear forces of the United States, none of the funds made 

16 available for fiscal year 2012 or any fiscal year thereafter 

17 for the Department of Defense or the National Nuclear Se18 curity Administration may be used for such recommended 

19 reduction until the date on which— 

20 ‘‘(1) the President transmits to the appropriate 

21 congressional committees a report detailing, for each 

22 country with nuclear weapons— 

23 ‘‘(A) the number of each type of nuclear 

24 weapons possessed by such country; 

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1 ‘‘(B) the modernization plans for such 

2 weapons of such country; 

3 ‘‘(C) the production capacity of nuclear 

4 warheads and strategic delivery systems (as de5 fined in section 491(c) of this title) of such coun6 try; and 

7 ‘‘(D) the nuclear doctrine of such country; 

8 and 

9 ‘‘(2) the Commander of the United States Stra10 tegic Command certifies to the appropriate congres11 sional committees whether such recommended reduc12 tions in the nuclear forces of the United States will— 

13 ‘‘(A) impair the ability of the United States 

14 to address— 

15 ‘‘(i) unplanned strategic or geopolitical 

16 events; or 

17 ‘‘(ii) technical challenge; or 

18 ‘‘(B) degrade the deterrence or assurance 

19 provided by the United States to friends and al20 lies of the United States. 

21 ‘‘(b) FORM.—The reports required by subsection (a)(1) 

22 shall be submitted in unclassified form, but may include 

23 a classified annex. 

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1 ‘‘(c) APPROPRIATE CONGRESSIONAL COMMITTEES DE2 FINED.—In this section, the term ‘appropriate congres3 sional committees’ means the following: 

4 ‘‘(1) The congressional defense committees. 

5 ‘‘(2) The Committee on Foreign Affairs of the 

6 House of Representatives and the Committee on For7 eign Relations of the Senate.’’. 

8 (2) The table of sections at the beginning of 

9 chapter 24 of title 10, United States Code, is amended 

10 by inserting after the item relating to section 494 the 

11 following new item: 

‘‘495. Consideration of expansion of nuclear forces of other countries.’’. 

12 SEC. 1058. CHEMISTRY AND METALLURGY RESEARCH RE13 PLACEMENT NUCLEAR FACILITY AND URA14 NIUM PROCESSING FACILITY. 

15 (a) FINDINGS.—Congress finds the following: 

16 (1) Administrator for Nuclear Security Thomas 

17 D’Agostino testified before the Committee on Armed 

18 Services of the House of Representatives in February 

19 2008 that ‘‘Infrastructure improvements are a major 

20 part of the complex transformation plan that we have, 

21 and we’ve made important progress, but we have a lot 

22 more to do. Some major facilities that we have date 

23 back to World War II and cannot readily meet to24 day’s safety and security requirements. Let me give 

25 you just two quick examples, if I could. A sufficient 

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1 capability to work with plutonium is an essential 

2 part of a national security enterprise and is required 

3 for as long as we retain a nuclear deterrent, and most 

4 likely even longer. Currently, we have a very small 

5 production capacity at Los Alamos, about 10 pits per 

6 year, at our TA–55 area. Our building at Los Ala7 mos, the Chemistry and Metallurgy Research Facility, 

8 is well over 50 years old and is insufficient to support 

9 the national security requirements for the stockpile 

10 and for future national security mission areas. So, 

11 whether we continue on our existing path or move to12 wards a replacement modern warhead-type stockpile, 

13 we still need the capacity to produce about 50 to 80 

14 pits per year, which is less than one-tenth of our Cold 

15 War level, as well as the ability to carry out pit sur16 veillance, which is an essential part of maintaining 

17 our stockpile.’’. 

18 (2) Then Commander of the United States Stra19 tegic Command General Kevin P. Chilton also testi20 fied in February 2008 that ‘‘When you have a respon21 sive complex that has the capacity to flex to produc22 tion as you may need it or adjust your deployed force 

23 posture in the future, should you need it—in other 

24 words, if we go to a lower number, you need to be cer25 tain that you can come back up, should the strategic 

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1 environment change, and you can’t necessarily with2 out that flexible or responsive infrastructure behind 

3 it, and that’s probably one of my great concerns. And 

4 then how you posture both the portion of your stock5 pile that you hold in reserve and your confidence in 

6 the weapons that you have deployed is very much a 

7 function of modernizing, in my view, the weapons 

8 systems that we have available today, which are, as 

9 the secretary described, of Cold War legacy design, 

10 and the associated issues with them.’’. 

11 (3) The Congressional Commission on the Stra12 tegic Posture of the United States reported in May 

13 2009, with respect to the timing of the replacement of 

14 the nuclear weapons infrastructure of the United 

15 States, that ‘‘This raises an obvious question about 

16 whether these two replacement programs might pro17 ceed in sequence rather than concurrently. There are 

18 strong arguments for moving forward concurrently. 

19 Existing facilities are genuinely decrepit and are 

20 maintained in a safe and secure manner only at high 

21 cost. Moreover, the improved production capabilities 

22 they promise are integral to the program of refurbish23 ment and modernization described in the preceding 

24 chapter. If funding can be found for both, this would 

25 best serve the national interest in maintaining a safe, 

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1 secure, and reliable stockpile of weapons in the most 

2 effective and efficient manner.’’. 

3 (4) The 2010 Nuclear Posture Review states— 

4 (A) ‘‘The National Nuclear Security Ad5 ministration (NNSA), in close coordination with 

6 DoD, will provide a new stockpile stewardship 

7 and management plan to Congress within 90 

8 days, consistent with the increases in infrastruc9 ture investment requested in the President’s FY 

10 2011 budget. As critical infrastructure is re11 stored and modernized, it will allow the United 

12 States to begin to shift away from retaining 

13 large numbers of non-deployed warheads as a 

14 technical hedge, allowing additional reductions 

15 in the U.S. stockpile of non-deployed nuclear 

16 weapons over time.’’; 

17 (B) ‘‘In order to sustain a safe, secure, and 

18 effective U.S. nuclear stockpile as long as nuclear 

19 weapons exist, the United States must possess a 

20 modern physical infrastructure—comprised of 

21 the national security laboratories and a complex 

22 of supporting facilities.’’; 

23 (C) ‘‘Funding the Chemistry and Metal24 lurgy Research Replacement Project at Los Ala25 mos National Laboratory to replace the existing 

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1 50-year old Chemistry and Metallurgy Research 

2 facility in 2021.’’; 

3 (D) ‘‘Developing a new Uranium Processing 

4 Facility at the Y–12 Plant in Oak Ridge, Ten5 nessee to come on line for production operations 

6 in 2021.’’; 

7 (E) ‘‘Without an ability to produce ura8 nium components, any plan to sustain the stock9 pile, as well as support for our Navy nuclear 

10 propulsion, will come to a halt. This would have 

11 a significant impact, not just on the weapons 

12 program, but in dealing with nuclear dangers of 

13 many kinds.’’; and 

14 (F) ‘‘The non-deployed stockpile currently 

15 includes more warheads than required for the 

16 above purposes, due to the limited capacity of the 

17 National Nuclear Security Administration 

18 (NNSA) complex to conduct LEPs for deployed 

19 weapons in a timely manner. Progress in restor20 ing NNSA’s production infrastructure will allow 

21 these excess warheads to be retired along with 

22 other stockpile reductions planned over the next 

23 decade.’’. 

24 (5) In the memorandum of agreement between 

25 the Department of Defense and the Department of 

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1 Energy concerning the modernization of the nuclear 

2 weapon stockpile of the United States dated May 3, 

3 2010, then Secretary of Defense Robert Gates and 

4 Secretary of Energy Steven Chu agreed that ‘‘DOE 

5 Agrees to . . . increase pit production capacity . . . 

6 plan and program to ramp up to a minimum of 50– 

7 80 PPY in 2022.’’. 

8 (6) The plan required under section 1251 of the 

9 National Defense Authorization Act for Fiscal Year 

10 2010 (Public Law 111–84; 123 Stat. 2549) submitted 

11 by the President states that the Chemistry and Metal12 lurgy Research Replacement building and the Ura13 nium Processing Facility will complete construction 

14 by 2021 and will achieve full operational 

15 functionality by 2024. 

16 (7) The Senate required that, prior to the entry 

17 into force of the New START Treaty, the President 

18 certifies to the Senate that the President intends to— 

19 (A) accelerate to the extent possible the de20 sign and engineering phase of the Chemistry and 

21 Metallurgy Research Replacement building and 

22 the Uranium Processing Facility; and 

23 (B) request full funding, including on a 

24 multiyear basis as appropriate, for the Chem25 istry and Metallurgy Research Replacement 

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1 building and the Uranium Processing Facility 

2 upon completion of the design and engineering 

3 phase for such facilities. 

4 (8) The President did request full funding for 

5 such facilities on February 2, 2011, when the Presi6 dent stated, ‘‘I intend to (a) accelerate, to the extent 

7 possible, the design and engineering phase of the 

8 Chemistry and Metallurgy Research Replacement 

9 (CMRR) building and the Uranium Processing Facil10 ity (UPF); and (b) request full funding, including on 

11 a multi-year basis as appropriate, for the CMRR 

12 building and the UPF upon completion of the design 

13 and engineering phase for such facilities.’’. 

14 (b) LIMITATION.—Section 1045 of the National De15 fense Authorization Act for Fiscal Year 2012 (50 U.S.C. 

16 2523b), as amended by section 1056(b), is amended by add17 ing at the end the following new subsection: 

18 ‘‘(e) CMRR AND UPF.— 

19 ‘‘(1) ANNUAL CERTIFICATION.—Beginning fiscal 

20 year 2013, the President shall annually certify in 

21 writing to the congressional defense committees wheth22 er— 

23 ‘‘(A) the construction of both the Chemistry 

24 and Metallurgy Research Replacement building 

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1 and the Uranium Processing Facility will be 

2 completed by not later than 2021; and 

3 ‘‘(B) both facilities will be fully operational 

4 by not later than 2024. 

5 ‘‘(2) LIMITATION.—If the President certifies 

6 under paragraph (1) that the Chemistry and Metal7 lurgy Research Replacement building and the Ura8 nium Processing Facility will be completed by later 

9 than 2021 or be fully operational by later than 2024, 

10 none of the funds made available for fiscal year 2012 

11 or any fiscal year thereafter for the National Nuclear 

12 Security Administration may be used to reduce the 

13 nondeployed nuclear warheads in the nuclear weap14 ons stockpile of the United States until a period of 

15 120 days has elapsed following the date of such cer16 tification. 

17 ‘‘(3) EXCEPTION.—The limitation in paragraph 

18 (2) shall not apply to— 

19 ‘‘(A) reductions made to ensure the safety, 

20 security, reliability, and credibility of the nu21 clear weapons stockpile and delivery systems, in22 cluding activities related to surveillance, assess23 ment, certification, testing, and maintenance of 

24 nuclear warheads and strategic delivery systems; 

25 or 

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1 ‘‘(B) nuclear warheads that are retired or 

2 awaiting dismantlement on the date of the cer3 tification under paragraph (1). 

4 ‘‘(4) TERMINATION.—The requirement in para5 graph (1) shall terminate on the date on which the 

6 President certifies in writing to the congressional de7 fense committees that the Chemistry and Metallurgy 

8 Research Replacement building and the Uranium 

9 Processing Facility are both fully operational.’’. 

10 SEC. 1059. NUCLEAR WARHEADS ON INTERCONTINENTAL 

11 BALLISTIC MISSILES OF THE UNITED STATES. 

12 (a) SENSE OF CONGRESS.—It is the sense of Congress 

13 that reducing the number of nuclear warheads contained 

14 on each intercontinental ballistic missile of the United 

15 States does not promote strategic stability if at the same 

16 time other nuclear weapons states, including the Russian 

17 Federation and the People’s Republic of China, are rapidly 

18 increasing the warhead-loading of their land-based missile 

19 forces. 

20 (b) LIMITATION.— 

21 (1) IN GENERAL.—Chapter 24 of title 10, United 

22 States Code, as added by section 1051, is amended by 

23 adding at the end the following new section: 

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1 ‘‘§ 496. Nuclear warheads on intercontinental bal2 listic missiles of the United States 

3 ‘‘(a) IN GENERAL.—During any year in which the 

4 President proposes to reduce the number of nuclear war5 heads contained on an intercontinental ballistic missile of 

6 the United States, none of the funds made available for fis7 cal year 2012 or any fiscal year thereafter for the Depart8 ment of Defense or the National Nuclear Security Adminis9 tration may be used for such proposed reduction if the re10 duction results in such missile having only a single nuclear 

11 warhead unless the President certifies in writing to the con12 gressional defense committees that the Russian Federation 

13 and the People’s Republic of China are both also carrying 

14 out a similar reduction. 

15 ‘‘(b) EXCEPTION.—The limitation in subsection (a) 

16 shall not apply to reductions made to ensure the safety, se17 curity, reliability, and credibility of the nuclear weapons 

18 stockpile and delivery systems, including activities related 

19 to surveillance, assessment, certification, testing, and main20 tenance of nuclear warheads and strategic delivery sys21 tems.’’. 

22 (2) The table of sections at the beginning of 

23 chapter 24 of title 10, United States Code, is amended 

24 by inserting after the item relating to section 495 the 

25 following: 

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‘‘496. Nuclear warheads on intercontinental ballistic missiles of the United 

States.’’. 

1 SEC. 1060. NONSTRATEGIC NUCLEAR WEAPON REDUCTIONS 

2 AND EXTENDED DETERRENCE POLICY. 

3 (a) FINDINGS.—Congress finds the following: 

4 (1) The NATO Strategic Concept of 2010 en5 dorsed the continued role of nuclear weapons in the 

6 security of the NATO alliance, stating— 

7 (A) ‘‘The supreme guarantee of the security 

8 of the Allies is provided by the strategic nuclear 

9 forces of the Alliance, particularly those of the 

10 United States; the independent strategic nuclear 

11 forces of the United Kingdom and France, which 

12 have a deterrent role of their own, contribute to 

13 the overall deterrence and security of the Allies.’’; 

14 (B) ‘‘We will ensure that NATO has the full 

15 range of capabilities necessary to deter and de16 fend against any threat to the safety and secu17 rity of our populations. Therefore, we will . . . 

18 maintain an appropriate mix of nuclear and 

19 conventional forces’’; and 

20 (C) ‘‘[NATO will] ensure the broadest pos21 sible participation of Allies in collective defence 

22 planning on nuclear roles, in peacetime basing 

23 of nuclear forces, and in command, control and 

24 consultation arrangements.’’. 

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1 (2) However, the 2010 Strategic Concept also 

2 walked away from the decades-long policy encap3 sulated by the 1999 Strategic Concept that said, ‘‘The 

4 presence of United States conventional and nuclear 

5 forces in Europe remains vital to the security of Eu6 rope, which is inseparably linked to that of North 

7 America.’’. 

8 (3) Former Secretary of Defense William Perry 

9 said in March 2011 testimony before the Sub10 committee on Strategic Forces of the Committee on 

11 Armed Services of the House of Representatives that 

12 ‘‘the reason we have nuclear weapons in Europe in 

13 the first place, is not because the rest of our weapons 

14 are not capable of deterrence, but because, during the 

15 Cold War at least, our allies in Europe felt more as16 sured when we had nuclear weapons in Europe. That 

17 is why they were deployed there in the first place. 

18 Today the issue is a little different. The issue is the 

19 Russians in the meantime have built a large number 

20 of nuclear weapons, and we keep our nuclear weapons 

21 there as somewhat of a political leverage for dealing 

22 with an ultimate treaty in which we may get Russia 

23 and the United States to eliminate tactical nuclear 

24 weapons. My own view is it would be desirable if both 

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1 tical nuclear weapons, but I see it as very difficult to 

2 arrive at that conclusion if we were to simply elimi3 nate all of our tactical nuclear weapons unilater4 ally.’’. 

5 (4) During testimony before the Subcommittee on 

6 Strategic Forces of the Committee on Armed Services 

7 of the House of Representatives in July 2011— 

8 (A) former Department of Defense official 

9 Frank Miller stated, ‘‘as long as U.S. allies be10 lieve that those weapons need to be there, we need 

11 to make sure that we provide that security.’’; and 

12 (B) former Department of Defense official 

13 Mort Halperin stated, ‘‘I do not think we should 

14 be willing to trade our withdrawal of our nu15 clear weapons from Europe for some reduction, 

16 even a substantial reduction, in Russian tactical 

17 nuclear weapons because if it is . . . that the 

18 credibility of the American nuclear deterrent for 

19 our NATO allies depends on the presence of nu20 clear weapons in Europe, that will not change if 

21 the Russians cut their tactical nuclear arsenal 

22 by two thirds, or even eliminate it because they 

23 will still have their strategic weapons, which, 

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1 siles, they can find a way to target them on the 

2 NATO countries.’’. 

3 (5) Section 1237(b) of the National Defense Au4 thorization Act for Fiscal Year 2012 (Public Law 

5 112–81) expressed the sense of Congress that— 

6 (A) the commitment of the United States to 

7 extended deterrence in Europe and the nuclear 

8 alliance of NATO is an important component of 

9 ensuring and linking the national security of the 

10 United States and its European allies; 

11 (B) the nuclear forces of the United States 

12 are a key component of the NATO nuclear alli13 ance; and 

14 (C) the presence of the nuclear weapons of 

15 the United States in Europe—combined with 

16 NATO’s unique nuclear sharing arrangements 

17 under which non-nuclear members participate in 

18 nuclear planning and possess specially config19 ured aircraft capable of delivering nuclear weap20 ons—provides reassurance to NATO allies who 

21 feel exposed to regional threats. 

22 (b) LIMITATION.—Chapter 24 of title 10, United States 

23 Code, as added by section 1051, is amended by adding at 

24 the end the following new section: 

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1 ‘‘§ 497. Limitation on reduction, consolidation, or 

2 withdrawal of nuclear forces based in Eu3 rope 

4 ‘‘(a) POLICY ON NONSTRATEGIC NUCLEAR WEAP5 ONS.—It is the policy of the United States— 

6 ‘‘(1) to pursue negotiations with the Russian 

7 Federation aimed at the reduction of Russian de8 ployed and nondeployed, nonstrategic nuclear forces; 

9 ‘‘(2) that nonstrategic nuclear weapons should be 

10 considered when weighing the balance of the nuclear 

11 forces of the United States and the Russian Federa12 tion; 

13 ‘‘(3) that any geographical relocation or storage 

14 of nonstrategic nuclear weapons by the Russian Fed15 eration does not constitute a reduction or elimination 

16 of such weapons; 

17 ‘‘(4) the vast advantage of the Russian Federa18 tion in nonstrategic nuclear weapons constitutes a 

19 threat to the United States and its allies and a grow20 ing asymmetry in Western Europe; and 

21 ‘‘(5) the forward-deployed nuclear forces of the 

22 United States are an important contributor to the as23 surance of the allies of the United States and con24 stitute a check on proliferation and a tool in dealing 

25 with neighboring states hostile to NATO. 

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1 ‘‘(b) POLICY ON EXTENDED DETERRENCE COMMIT2 MENT TO EUROPE.—It is the policy of the United States 

3 that— 

4 ‘‘(1) it maintain its commitment to extended de5 terrence, specifically the nuclear alliance of the North 

6 Atlantic Treaty Organization, as an important com7 ponent of ensuring and linking the national security 

8 interests of the United States and the security of its 

9 European allies; 

10 ‘‘(2) forward-deployed nuclear forces of the 

11 United States shall remain based in Europe in sup12 port of the nuclear policy and posture of NATO; 

13 ‘‘(3) the presence of nuclear weapons of the 

14 United States in Europe—combined with NATO’s 

15 unique nuclear sharing arrangements under which 

16 non-nuclear members participate in nuclear planning 

17 and possess specially configured aircraft capable of 

18 delivering nuclear weapons—contributes to the cohe19 sion of NATO and provides reassurance to allies and 

20 partners who feel exposed to regional threats; and 

21 ‘‘(4) only the President and Congress can articu22 late when and how the United States will employ the 

23 nuclear forces of the United States and no multilat24 eral organization, not even NATO, can articulate a 

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1 declaratory policy concerning the use of nuclear 

2 weapons that binds the United States. 

3 ‘‘(c) LIMITATION ON REDUCTION, CONSOLIDATION, OR

4 WITHDRAWAL OF NUCLEAR FORCES BASED IN EUROPE.— 

5 In light of the policy expressed in subsections (a) and (b), 

6 none of the funds made available for fiscal year 2012 or 

7 any fiscal year thereafter for the Department of Defense 

8 may be used to effect or implement the reduction, consolida9 tion, or withdrawal of nuclear forces of the United States 

10 that are based in Europe unless— 

11 ‘‘(1) the reduction, consolidation, or withdrawal 

12 of such nuclear forces is requested by the government 

13 of the host nation in the manner provided in the 

14 agreement between the United States and the host na15 tion regarding the forces; 

16 ‘‘(2) the President certifies that— 

17 ‘‘(A) NATO member states have considered 

18 the reduction, consolidation, or withdrawal in 

19 the High Level Group; 

20 ‘‘(B) NATO has decided to support such re21 duction, consolidation, or withdrawal; 

22 ‘‘(C) the remaining nuclear forces of the 

23 United States that are based in Europe after 

24 such reduction, consolidation, or withdrawal 

25 would provide a commensurate or better level of 

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1 assurance and credibility as before such reduc2 tion, consolidation, or withdrawal; and 

3 ‘‘(D) there has been reciprocal action by the 

4 Russian Federation, not including the Russian 

5 Federation relocating nuclear forces from one lo6 cation to another; or 

7 ‘‘(3) the reduction, consolidation, or withdrawal 

8 of such nuclear forces is specifically authorized by an 

9 Act of Congress. 

10 ‘‘(d) NOTIFICATION.—Upon any decision to reduce, 

11 consolidate, or withdraw the nuclear forces of the United 

12 States that are based in Europe, the President shall submit 

13 to the appropriate congressional committees a notification 

14 containing— 

15 ‘‘(1) the certification required by paragraph (2) 

16 of subsection (c) if such reduction, consolidation, or 

17 withdrawal is based upon such paragraph; 

18 ‘‘(2) justification for such reduction, consolida19 tion, or withdrawal; and 

20 ‘‘(3) an assessment of how NATO member states, 

21 in light of such reduction, consolidation, or with22 drawal, assess the credibility of the deterrence capa23 bility of the United States in support of its commit24 ments undertaken pursuant to article 5 of the North 

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1 lumbia, on April 4, 1949, and entered into force on 

2 August 24, 1949 (63 Stat. 2241; TIAS 1964). 

3 ‘‘(e) NOTICE AND WAIT REQUIREMENT.—The Presi4 dent may not commence a reduction, consolidation, or with5 drawal of the nuclear forces of the United States that are 

6 based in Europe for which the certification required by sub7 section (c)(2) is made until the expiration of a 180-day pe8 riod beginning on the date on which the President submits 

9 the notification under subsection (d) containing the certifi10 cation. 

11 ‘‘(f) APPROPRIATE CONGRESSIONAL COMMITTEES.—In 

12 this section, the term ‘appropriate congressional commit13 tees’ means— 

14 ‘‘(1) the Committees on Armed Services of the 

15 House of Representatives and the Senate; and 

16 ‘‘(2) the Committee on Foreign Affairs of the 

17 House of Representatives and the Committee on For18 eign Relations of the Senate.’’. 

19 (c) CLERICAL AMENDMENT.—The table of sections at 

20 the beginning of chapter 24 of title 10, United States Code, 

21 is amended by inserting after the item relating to section 

22 496 the following: 

‘‘497. Limitation on reduction, consolidation, or withdrawal of nuclear forces 

based in Europe.’’. 

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1 SEC. 1061. IMPROVEMENTS TO NUCLEAR WEAPONS COUN2 CIL. 

3 Section 179 of title 10, United States Code, is amend4 ed— 

5 (1) in subsection (b)(3), by adding at the end the 

6 following: ‘‘Not later than seven days before a meet7 ing, the Chairman shall disseminate to each member 

8 of the Council the agenda and documents for such 

9 meeting.’’; and 

10 (2) in subsection (d)— 

11 (A) in paragraph (2), by inserting ‘‘and al12 ternatives’’ before the period; 

13 (B) in paragraph (3), by inserting ‘‘and 

14 approving’’ after ‘‘Coordinating’’; 

15 (C) in paragraph (7)— 

16 (i) by striking ‘‘broad’’ and inserting 

17 ‘‘specific’’; and 

18 (ii) by inserting before the period the 

19 following: ‘‘and priorities among activities, 

20 including production, surveillance, research, 

21 construction, and any other programs with22 in the National Nuclear Security Adminis23 tration’’; and 

24 (D) by adding at the end the following new 

25 paragraph: 

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1 ‘‘(11) Coordinating and approving the annual 

2 budget proposals of the National Nuclear Security Ad3 ministration, including before such proposals are sub4 mitted to— 

5 ‘‘(A) the Director of the Office of Manage6 ment and Budget; 

7 ‘‘(B) the President; and 

8 ‘‘(C) Congress under section 1105 of title 

9 31.’’. 

10 SEC. 1062. INTERAGENCY COUNCIL ON THE STRATEGIC CA11 PABILITY OF THE NATIONAL LABORATORIES. 

12 (a) ESTABLISHMENT.—Chapter 7 of title 10, United 

13 States Code, is amended by adding at the end the following 

14 new section: 

15 ‘‘§ 188. Interagency Council on the Strategic Capa16 bility of the National Laboratories 

17 ‘‘(a) ESTABLISHMENT.—There is an Interagency 

18 Council on the Strategic Capability of the National Labora19 tories (in this section referred to as the ‘Council’). 

20 ‘‘(b) MEMBERSHIP.—The membership of the Council 

21 is comprised of the following: 

22 ‘‘(1) The Secretary of Defense. 

23 ‘‘(2) The Secretary of Energy. 

24 ‘‘(3) The Secretary of Homeland Security. 

25 ‘‘(4) The Director of National Intelligence. 

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1 ‘‘(5) The Administrator for Nuclear Security. 

2 ‘‘(6) Such other officials as the President con3 siders appropriate. 

4 ‘‘(c) STRUCTURE AND PROCEDURES.—The President 

5 may determine the chair, structure, staff, and procedures 

6 of the Council. 

7 ‘‘(d) RESPONSIBILITIES.—The Council shall be respon8 sible for the following matters: 

9 ‘‘(1) Identifying and considering the science, 

10 technology, and engineering capabilities of the na11 tional laboratories that could be leveraged by each 

12 participating agency to support national security 

13 missions. 

14 ‘‘(2) Reviewing and assessing the adequacy of the 

15 national security science, technology, and engineering 

16 capabilities of the national laboratories for sup17 porting national security missions throughout the 

18 Federal Government. 

19 ‘‘(3) Establishing and overseeing means of ensur20 ing that— 

21 ‘‘(A) capabilities identified by the Council 

22 under paragraph (1) are sustained to an appro23 priate level; and 

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1 ‘‘(B) each participating agency provides the 

2 appropriate level of institutional support to sus3 tain such capabilities. 

4 ‘‘(4) In accordance with acquisition rules regard5 ing federally funded research and development cen6 ters, establishing criteria for when each participating 

7 agency should seek to use the services of the national 

8 laboratories, including the identification of appro9 priate mission areas and capabilities. 

10 ‘‘(5) Making recommendations to the President 

11 and Congress regarding regulatory or statutory 

12 changes needed to better support— 

13 ‘‘(A) the strategic capabilities of the na14 tional laboratories; and 

15 ‘‘(B) the use of such laboratories by each 

16 participating agency. 

17 ‘‘(6) Other actions the Council considers appro18 priate with respect to— 

19 ‘‘(A) the sustainment of the national labora20 tories; and 

21 ‘‘(B) the use of the strategic capabilities of 

22 such laboratories. 

23 ‘‘(e) STREAMLINED PROCESS.—With respect to the 

24 participating agency for which a member of the Council 

25 is the head of, each member of the Council shall— 

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1 ‘‘(1) establish processes to streamline the consid2 eration and approval of procuring the services of the 

3 national laboratories on appropriate matters; and 

4 ‘‘(2) ensure that such processes are used in ac5 cordance with the criteria established under sub6 section (d)(4). 

7 ‘‘(f) DEFINITIONS.—In this section: 

8 ‘‘(1) The term ‘participating agency’ means a 

9 department or agency of the Federal Government that 

10 is represented on the Council by a member under sub11 section (b). 

12 ‘‘(2) The term ‘national laboratories’ means— 

13 ‘‘(A) each national security laboratory (as 

14 defined in section 3281(1) of the National Nu15 clear Security Administration Act (50 U.S.C. 

16 2471(1))); and 

17 ‘‘(B) each national laboratory of the De18 partment of Energy.’’. 

19 (b) CLERICAL AMENDMENT.—The table of sections at 

20 the beginning of such chapter is amended by adding after 

21 the item relating to section 187 the following new item: 

‘‘188. Interagency Council on the Strategic Capability of the National Laboratories.’’. 

22 (c) REPORT.— 

23 (1) IN GENERAL.—Not later than July 1, 2013, 

24 the Interagency Council on the Strategic Capability 

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1 of the National Laboratories under section 188 of title 

2 10, United States Code, as added by subsection (a), 

3 shall submit to the appropriate congressional commit4 tees a report describing and assessing the following: 

5 (A) The actions taken to implement the re6 quirements of such section 188 and the charter 

7 titled ‘‘Governance Charter for an Interagency 

8 Council on the Strategic Capability of DOE Na9 tional Laboratories as National Security Assets’’ 

10 signed by the Secretary of Defense, the Secretary 

11 of Energy, the Secretary of Homeland Security, 

12 and the Director of National Intelligence in July 

13 2010. 

14 (B) The effectiveness of the Council in ac15 complishing the purpose and objectives of such 

16 section and such Charter. 

17 (C) Efforts to strengthen work-for-others 

18 programs at the national laboratories. 

19 (D) Efforts to make work-for-others oppor20 tunities more cost-effective. 

21 (E) Ongoing and planned measures for in22 creasing cost-sharing and institutional support 

23 investments from other agencies. 

24 (F) Any regulatory or statutory changes 

25 recommended to improve the ability of such other 

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1 agencies to leverage expertise and capabilities at 

2 such laboratories. 

3 (2) APPROPRIATE CONGRESSIONAL COMMIT4 TEES.—In this subsection, the term ‘‘appropriate con5 gressional committees’’ means the following: 

6 (A) The congressional defense committees. 

7 (B) The Committee on Energy and Com8 merce of the House of Representatives and the 

9 Committee on Energy and Natural Resources of 

10 the Senate. 

11 (C) The Committee on Homeland Security 

12 of the House of Representatives and the Com13 mittee on Homeland Security and Governmental 

14 Affairs of the Senate. 

15 (D) The Committee on Science, Space, and 

16 Technology of the House of Representatives and 

17 the Committee on Commerce, Science, and 

18 Transportation of the Senate. 

19 (E) The Permanent Select Committee on 

20 Intelligence of the House of Representatives and 

21 the Select Committee on Intelligence of the Sen22 ate. 

23 (d) CONSTRUCTION.—Nothing in section 188 of title 

24 10, United States Code, as added by subsection (a), shall 

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1 be construed to limit section 309 of the Homeland Security 

2 Act of 2002 (6 U.S.C. 189). 

3 SEC. 1063. REPORT ON CAPABILITY OF CONVENTIONAL AND 

4 NUCLEAR FORCES AGAINST CERTAIN TUN5 NEL SITES. 

6 (a) REPORT.—Not later than one year after the date 

7 of the enactment of this Act, the Commander of the United 

8 States Strategic Command shall submit to the appropriate 

9 congressional committees a report on the underground tun10 nel network used by the People’s Republic of China with 

11 respect to the capability of the United States to use conven12 tional and nuclear forces to neutralize such tunnels and 

13 what is stored within such tunnels. 

14 (b) FORM.—The report under subsection (a) shall be 

15 submitted in unclassified form, but may include a classified 

16 annex. 

17 (c) APPROPRIATE CONGRESSIONAL COMMITTEES.—In 

18 this section, the term ‘‘appropriate congressional commit19 tees’’ means the following: 

20 (1) The congressional defense committees. 

21 (2) The Committee on Foreign Affairs of the 

22 House of Representatives and the Committee on For23 eign Relations of the Senate. 

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1 SEC. 1064. REPORT ON CONVENTIONAL AND NUCLEAR 

2 FORCES IN THE WESTERN PACIFIC REGION. 

3 (a) SENSE OF CONGRESS.—Congress— 

4 (1) supports steps taken by the President to— 

5 (A) reinforce the security of the allies of the 

6 United States; and 

7 (B) strengthen the deterrent capability of 

8 the United States against the illegal and increas9 ingly belligerent actions of North Korea; and 

10 (2) encourages further steps, including such steps 

11 to deploy additional conventional forces of the United 

12 States and redeploy tactical nuclear weapons to the 

13 Western Pacific region. 

14 (b) REPORT.—Not later than 90 days after the date 

15 of the enactment of this Act, the Secretary of Defense, in 

16 consultation with the Secretary of State, shall submit to the 

17 congressional defense committees a report on deploying ad18 ditional conventional and nuclear forces to the Western Pa19 cific region to ensure the presence of a robust conventional 

20 and nuclear capability, including a forward-deployed nu21 clear capability, of the United States in response to the bal22 listic missile and nuclear weapons developments of North 

23 Korea and the other belligerent actions North Korea has 

24 made against allies of the United States. The report shall 

25 include an evaluation of any bilateral agreements, basing 

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1 arrangements, and costs that would be involved with such 

2 additional deployments. 

3 SEC. 1065. SENSE OF CONGRESS ON NUCLEAR ARSENAL. 

4 It is the sense of Congress that the nuclear force struc5 ture of the United States should be periodically reexamined, 

6 through nuclear posture reviews, to assess assumptions that 

7 shape the structure, size, and targeting of the nuclear forces 

8 of the United States and to ensure that such forces are struc9 tured, sized, and targeted— 

10 (1) to be capable of holding at risk the assets 

11 that potential adversaries value; and 

12 (2) to provide robust extended deterrence and as13 surance to allies of the United States. 

14 Subtitle F—Studies and Reports 

15 SEC. 1066. ASSESSMENT OF DEPARTMENT OF DEFENSE USE 

16 OF ELECTROMAGNETIC SPECTRUM. 

17 (a) REPORT.—Not later than 270 days after the date 

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

19 submit to the congressional defense committees, the Com20 mittee on Energy and Commerce of the House of Represent21 atives, and the Committee on Commerce, Science, and 

22 Transportation of the Senate a report assessing the use of 

23 electromagnetic spectrum by the Department of Defense, in24 cluding— 

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1 (1) a comparison of the actual and projected cost 

2 impact, time required to plan and implement, and 

3 policy implications of electromagnetic spectrum re4 allocations made since the enactment of the Omnibus 

5 Budget Reconciliation Act of 1993 (Public Law 103– 

6 66, 107 Stat. 312); 

7 (2) an identification of critical electromagnetic 

8 spectrum assignments where there is use by the De9 partment of Defense that— 

10 (A) cannot be eliminated, relocated, consoli11 dated in other electromagnetic spectrum bands, 

12 or for which there is no commercial or non-spec13 trum alternative, including a detailed expla14 nation of why that is the case; and 

15 (B) can be eliminated, relocated, consoli16 dated in other electromagnetic spectrum bands, 

17 or for which there is a commercial or non-spec18 trum alternative, including frequency of use, 

19 time necessary to relocate or consolidate to an20 other electromagnetic spectrum band, and oper21 ational and cost impacts; and 

22 (3) an analysis of the research being conducted 

23 by the Department of Defense in electromagnetic spec24 trum-sharing and other dynamic electromagnetic 

25 spectrum access technologies, including maturity level, 

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1 applicability for spectrum relocation or consolidation, 

2 and potential costs for continued development or im3 plementation. 

4 (b) INTERIM UPDATE.—Not later than 120 days after 

5 the date of the enactment of this Act, the Secretary of De6 fense shall provide to the congressional defense committees 

7 a briefing to update such committees on the status of the 

8 report required under subsection (b). 

9 (c) FORM.—The report required under subsection (b) 

10 shall be submitted in unclassified form, but may include 

11 a classified annex. 

12 SEC. 1067. ELECTRONIC WARFARE STRATEGY OF THE DE13 PARTMENT OF DEFENSE. 

14 (a) GUIDANCE REQUIRED.—Not later than January 1, 

15 2013, the Secretary of Defense shall review and update De16 partment of Defense guidance related to electronic warfare 

17 to ensure that oversight roles and responsibilities within the 

18 Department related to electronic warfare policy and pro19 grams are clearly defined. Such guidance shall clarify, as 

20 appropriate, the roles and responsibilities related to the in21 tegration of electronic warfare matters and cyberspace oper22 ations. 

23 (b) PLAN REQUIRED.—Not later than January 1, 

24 2013, the Commander of the United States Strategic Com25 mand shall update and issue guidance regarding the remstockstill on DSK4VPTVN1PROD with BILLS

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1 sponsibilities of the Command with regard to joint elec2 tronic warfare capabilities. Such guidance shall— 

3 (1) define the role and objectives of the Joint 

4 Electromagnetic Spectrum Control Center or any 

5 other center established in the Command to provide 

6 governance and oversight of electronic warfare mat7 ters; and 

8 (2) include an implementation plan outlining 

9 tasks, metrics, and timelines to establish such a cen10 ter. 

11 (c) ADDITIONAL REPORTING REQUIREMENTS.—Sec12 tion 1053(b)(1) of the National Defense Authorization Act 

13 for Fiscal Year 2010 (Public Law 111–84; 123 Stat. 2459) 

14 is amended— 

15 (1) in subparagraph (B), by striking ‘‘; and’’ 

16 and inserting a semicolon; 

17 (2) in subparagraph (C), by striking the period 

18 and inserting a semicolon; and 

19 (3) by adding at the end the following new sub20 paragraphs: 

21 ‘‘(D) performance measures to guide the im22 plementation of such strategy; 

23 ‘‘(E) an identification of resources and in24 vestments necessary to implement such strategy; 

25 and 

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1 ‘‘(F) an identification of the roles and re2 sponsibilities within the Department to imple3 ment such strategy.’’. 

4 SEC. 1068. REPORT ON COUNTERPROLIFERATION CAPABILI5 TIES AND LIMITATIONS. 

6 (a) REPORT REQUIRED.—Not later than March 1, 

7 2013, the Secretary of Defense shall provide to the congres8 sional defense committees a report outlining operational ca9 pabilities, limitations, and shortfalls within the Depart10 ment of Defense with respect to counterproliferation and 

11 combating weapons of mass destruction involving special 

12 operations forces and key enabling forces. 

13 (b) ELEMENTS.—The report required under subsection 

14 (a) shall include each of the following elements: 

15 (1) An overview of current capabilities and limi16 tations. 

17 (2) An overview and assessment of current and 

18 future training requirements and gaps. 

19 (3) An assessment of technical capability gaps. 

20 (4) An assessment of interagency coordination 

21 capabilities and gaps. 

22 (5) An outline of current and future prolifera23 tion and weapons of mass destruction threats, includ24 ing critical intelligence gaps. 

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1 (6) An assessment of current international bilat2 eral and multilateral partnerships and the limita3 tions of such partnerships, including an assessment of 

4 existing authorities to build partnership capacity in 

5 this area. 

6 (7) A description of efforts to address the limita7 tions and gaps referred to in paragraphs (1) through 

8 (6), including timelines and requirements to address 

9 such limitations and such gaps. 

10 (8) Any other matters the Secretary considered 

11 appropriate. 

12 Subtitle G—Miscellaneous 

13 Authorities and Limitations 

14 SEC. 1071. RULE OF CONSTRUCTION RELATING TO PROHI15 BITION ON INFRINGING ON THE INDIVIDUAL 

16 RIGHT TO LAWFULLY ACQUIRE, POSSESS, 

17 OWN, CARRY, AND OTHERWISE USE PRI18 VATELY OWNED FIREARMS, AMMUNITION, 

19 AND OTHER WEAPONS. 

20 Section 1062(c) of the Ike Skelton National Defense 

21 Authorization Act for Fiscal Year 2011 (Public Law 111– 

22 383; 124 Stat. 4363) is amended— 

23 (1) in paragraph (1)(B), by striking ‘‘; or’’ and 

24 inserting a semicolon; 

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1 (2) in paragraph (2), by striking ‘‘others.’’ and 

2 inserting ‘‘others; or’’; and 

3 (3) by adding at the end the following new para4 graph: 

5 ‘‘(3) authorize a mental health professional that 

6 is a member of the Armed Forces or a civilian em7 ployee of the Department of Defense or a commanding 

8 officer to inquire if a member of the Armed Forces 

9 plans to acquire, or already possesses or owns, a pri10 vately-owned firearm, ammunition, or other weapon, 

11 if such mental health professional or such com12 manding officer has reasonable grounds to believe 

13 such member is at high risk for suicide or causing 

14 harm to others.’’. 

15 SEC. 1072. EXPANSION OF AUTHORITY OF THE SECRETARY 

16 OF THE ARMY TO LOAN OR DONATE EXCESS 

17 SMALL ARMS FOR FUNERAL AND OTHER CER18 EMONIAL PURPOSES. 

19 Section 4683(a) of title 10, United States Code, is 

20 amended by adding at the end the following new paragraph: 

21 ‘‘(3)(A) In order to meet the needs of an eligible 

22 organization with respect to performing funeral and 

23 other ceremonies, if the Secretary determines appro24 priate, the Secretary may— 

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1 ‘‘(i) loan or donate excess small arms to an 

2 eligible organization; 

3 ‘‘(ii) authorize an eligible organization to 

4 retain small arms other than M–1 rifles; or 

5 ‘‘(iii) if excess small arms stock is insuffi6 cient to meet organizational requirements, pre7 scribe policies and procedures to establish a rota8 tional loan program based on the needs of eligi9 ble organizations. 

10 ‘‘(B) Nothing in this paragraph shall be con11 strued to supersede any Federal law or regulation 

12 governing the use or ownership of firearms. 

13 ‘‘(C) The Secretary may not delegate the author14 ity under this paragraph.’’. 

15 SEC. 1073. PROHIBITION ON THE USE OF FUNDS FOR MANU16 FACTURING BEYOND LOW-RATE INITIAL PRO17 DUCTION AT CERTAIN PROTOTYPE INTEGRA18 TION FACILITIES. 

19 (a) PROHIBITION.—None of the funds authorized to be 

20 appropriated by this Act may be used for manufacturing 

21 production beyond the greater of low-rate initial production 

22 or 1000 units at a prototype integration facility of any of 

23 the following components of the Army Research, Develop24 ment, and Engineering Command: 

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1 (1) The Armament Research, Development, and 

2 Engineering Center. 

3 (2) The Aviation and Missile Research, Develop4 ment, and Engineering Center. 

5 (3) The Communications-Electronics Research, 

6 Development, and Engineering Center. 

7 (4) The Tank Automotive Research, Develop8 ment, and Engineering Center. 

9 (b) WAIVER.—The Assistant Secretary of the Army for 

10 Acquisition, Logistics, and Technology may waive the pro11 hibition under subsection (a) for a fiscal year if— 

12 (1) the Assistant Secretary determines that the 

13 waiver is necessary— 

14 (A) for reasons of national security; or 

15 (B) to rapidly acquire equipment to re16 spond to combat emergencies; and 

17 (2) the Assistant Secretary submits to Congress 

18 a notification of the waiver together with the reasons 

19 for the waiver. 

20 (c) LOW-RATE INITIAL PRODUCTION.—For purposes of 

21 this section, the term ‘‘low-rate initial production’’ shall be 

22 determined in accordance with section 2400 of title 10, 

23 United States Code. 

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1 SEC. 1074. INTERAGENCY COLLABORATION ON UNMANNED 

2 AIRCRAFT SYSTEMS. 

3 (a) FINDINGS ON JOINT DEPARTMENT OF DEFENSE4 FEDERAL AVIATION ADMINISTRATION EXECUTIVE COM5 MITTEE ON CONFLICT AND DISPUTE RESOLUTION.—Sec6 tion 1036(a) of the Duncan Hunter National Defense Au7 thorization Act for Fiscal Year 2009 (Public Law 110–417; 

8 122 Stat. 4596) is amended by adding at the end the fol9 lowing new paragraph: 

10 ‘‘(9) Collaboration of scientific and technical 

11 personnel and sharing resources from the Department 

12 of Defense, Federal Aviation Administration, and Na13 tional Aeronautics and Space Administration can ad14 vance an enduring relationship of research capability 

15 to advance the access of unmanned aircraft systems of 

16 the Department of Defense to the National Airspace 

17 System.’’. 

18 (b) INTERAGENCY COLLABORATION.— 

19 (1) IN GENERAL.—The Secretary of Defense shall 

20 collaborate with the Administrator of the Federal 

21 Aviation Administration and the Administrator of 

22 the National Aeronautics and Space Administration 

23 to conduct research and seek solutions to challenges 

24 associated with the safe integration of unmanned air25 craft systems into the National Airspace System in 

26 accordance with subtitle B of title III of the FAA 

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1 Modernization and Reform Act of 2012 (Public Law 

2 112–95; 126 Stat. 72). 

3 (2) ACTIVITIES IN SUPPORT OF PLAN ON ACCESS

4 TO NATIONAL AIRSPACE FOR UNMANNED AIRCRAFT

5 SYSTEMS.—Collaboration under paragraph (1) may 

6 include research and development of scientific and 

7 technical issues, equipment, and technology in sup8 port of the plan to safely accelerate the integration of 

9 unmanned aircraft systems as required by subtitle B 

10 of title III of the FAA Modernization and Reform Act 

11 of 2012 (Public Law 112–95; 126 Stat. 72). 

12 (3) NONDUPLICATIVE EFFORTS.—If the Secretary 

13 of Defense determines it is in the interest of the De14 partment of Defense, the Secretary may use existing 

15 aerospace-related laboratories, personnel, equipment 

16 research radars, and ground facilities of the Depart17 ment of Defense to avoid the duplication of efforts in 

18 carrying out collaboration under paragraph (1). 

19 (4) REPORTS.— 

20 (A) REQUIREMENT.—The Secretary of De21 fense, on behalf of the UAS Executive Committee, 

22 shall annually submit to the congressional de23 fense committees, the Committee on Transpor24 tation and Infrastructure and the Committee on 

25 Science, Space, and Technology of the House of 

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1 Representatives, and the Committee on Com2 merce, Science, and Transportation of the Senate 

3 a report on the progress of collaborative research 

4 activity, including— 

5 (i) the progress on accomplishing the 

6 goals of the unmanned aircraft systems re7 search, development, and demonstration 

8 roadmap of the Next Generation Air Trans9 portation System Joint Planning and De10 velopment Office of the Federal Aviation 

11 Administration; and 

12 (ii) estimates of long-term funding 

13 needs. 

14 (B) TERMINATION.—The requirement to 

15 submit a report under subparagraph (A) shall 

16 terminate on the date that is five years after the 

17 date of the enactment of this Act. 

18 (c) UAS EXECUTIVE COMMITTEE DEFINED.—In this 

19 section, the term ‘‘UAS Executive Committee’’ means the 

20 Department of Defense–Federal Aviation Administration 

21 executive committee described in section 1036(b) of the Dun22 can Hunter National Defense Authorization Act for Fiscal 

23 Year 2009 (Public Law 110–417; 122 Stat. 4596) estab24 lished by the Secretary of Defense and the Administrator 

25 of the Federal Aviation Administration. 

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1 SEC. 1075. AUTHORITY TO TRANSFER SURPLUS MINE-RE2 SISTANT AMBUSH-PROTECTED VEHICLES 

3 AND SPARE PARTS. 

4 (a) AUTHORITY.—The Secretary of Defense is author5 ized to transfer surplus Mine-Resistant Ambush-Protected 

6 vehicles, including spare parts for such vehicles, to non7 profit United States humanitarian demining organizations 

8 for purposes of demining activities and training of such or9 ganizations. 

10 (b) TERMS AND CONDITIONS.—Any transfer of vehicles 

11 or spare parts under subsection (a) shall be subject to the 

12 following terms and conditions: 

13 (1) The transfer shall be made on a loan basis. 

14 (2) The costs of operation and maintenance of 

15 the vehicles shall be borne by the recipient organiza16 tion. 

17 (3) Any other terms and conditions as the Sec18 retary of Defense determines to be appropriate. 

19 (c) NOTIFICATION.—The Secretary of Defense shall no20 tify the congressional defense committees in writing not less 

21 than 60 days before making any transfer of vehicles or spare 

22 parts under subsection (a). Such notification shall include 

23 the name of the organization, the number and model of the 

24 vehicle to be transferred, a listing of any spare parts to 

25 be transferred, and any other information the Secretary 

26 considers appropriate. 

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1 SEC. 1076. LIMITATION ON AVAILABILITY OF FUNDS FOR 

2 RETIREMENT OF AIRCRAFT. 

3 (a) IN GENERAL.—Except as provided by section 135, 

4 none of the funds authorized to be appropriated by this Act 

5 or otherwise made available for fiscal year 2013 for the 

6 Army or the Air Force may be used during fiscal year 2013 

7 to divest, retire, or transfer, or prepare to divest, retire, or 

8 transfer, any— 

9 (1) C–23 aircraft of the Army assigned to the 

10 Army as of May 31, 2012; or 

11 (2) aircraft of the Air Force assigned to the Air 

12 Force as of May 31, 2012. 

13 (b) WAIVER.—The Secretary of Defense may waive the 

14 limitation in subsection (a) if— 

15 (1) the Secretary submits to the congressional de16 fense committees written certification that such a 

17 waiver is necessary to meet an emergency national se18 curity requirement; and 

19 (2) a period of 15 days has elapsed following the 

20 date on which such certification is submitted. 

21 (c) REPORT.— 

22 (1) IN GENERAL.—Not later than March 1, 2013, 

23 the Secretary of Defense shall submit to the congres24 sional defense committees a report by the Chief of the 

25 National Guard Bureau, the Chief of Staff of the Air 

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1 proved by the Secretary of Defense that specifies, with 

2 respect to all aircraft proposed to be retired during 

3 fiscal years 2013 through 2017— 

4 (A) the economic analysis used to make 

5 each realignment decision with respect to such 

6 aircraft of the National Guard and Air Force 

7 Reserve; 

8 (B) alternative options considered for each 

9 such realignment decision, including an analysis 

10 of such options; 

11 (C) the effect of each such realignment deci12 sion on— 

13 (i) the current personnel at the loca14 tion; and 

15 (ii) the missions and capabilities of the 

16 Army; and 

17 (D) the plans for each location that is being 

18 realigned, including the analysis used for such 

19 plans. 

20 (2) GAO ANALYSIS.—The Comptroller General of 

21 the United States shall carry out the following: 

22 (A) An economic analysis of the realign23 ment decisions made by the Secretary of Defense 

24 with respect to the aircraft of the National 

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1 Guard and Air Force Reserve described in para2 graph (1)(A). 

3 (B) An analysis of the alternative options 

4 considered for each such realignment decision. 

5 (C) An analysis of the effect of each such re6 alignment decision on— 

7 (i) the current personnel at the loca8 tion; and 

9 (ii) the missions and capabilities of the 

10 Army; and 

11 (D) An analysis of the plans described in 

12 paragraph (1)(D). 

13 (3) COOPERATION.—The Secretary of Defense 

14 shall provide the Comptroller General with relevant 

15 data and cooperation to carry out the analyses under 

16 paragraph (2). 

17 (4) SUBMITTAL.—Not later than 90 days after 

18 the date on which the Secretary submits the report 

19 under paragraph (1), the Comptroller General shall 

20 submit to the congressional defense committees a re21 port containing the analyses conducted under para22 graph (2). 

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1 SEC. 1077. PROHIBITION ON DEPARTMENT OF DEFENSE 

2 USE OF NONDISCLOSURE AGREEMENTS TO 

3 PREVENT MEMBERS OF THE ARMED FORCES 

4 AND CIVILIAN EMPLOYEES OF THE DEPART5 MENT FROM COMMUNICATING WITH MEM6 BERS OF CONGRESS. 

7 (a) INCLUSION OF CIVILIAN EMPLOYEES IN CURRENT

8 PROHIBITION ON RESTRICTING COMMUNICATION.—Para9 graph (1) of subsection (a) of section 1034 of title 10, 

10 United States Code, is amended by inserting ‘‘or civilian 

11 employee of the Department of Defense’’ after ‘‘member of 

12 the armed forces’’. 

13 (b) PROHIBITION ON USING NONDISCLOSURE AGREE14 MENTS TO RESTRICT COMMUNICATION.—Such subsection is 

15 further amended— 

16 (1) by redesignating paragraph (2) as para17 graph (3); and 

18 (2) by inserting after paragraph (1) the fol19 lowing new paragraph: 

20 ‘‘(2)(A) The prohibition imposed by paragraph (1) 

21 precludes the use of a nondisclosure agreement with a mem22 ber of the armed forces or a civilian employee of the Depart23 ment of Defense to restrict the member or employee in com24 municating with a Member of Congress or an Inspector 

25 General. 

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1 ‘‘(B) Subparagraph (A) does not prevent the use of 

2 nondisclosure agreements to prevent the disclosure of— 

3 ‘‘(i) deliberations regarding the closure or re4 alignment of a military installation under a base clo5 sure law; 

6 ‘‘(ii) commercial proprietary information; and 

7 ‘‘(iii) classified information the level of which ex8 ceeds the clearance held by the requestor.’’. 

9 Subtitle H—Other Matters 

10 SEC. 1081. BIPARTISAN INDEPENDENT STRATEGIC REVIEW 

11 PANEL. 

12 (a) BIPARTISAN INDEPENDENT STRATEGIC REVIEW

13 PANEL.— 

14 (1) ESTABLISHMENT.—Chapter 2 of title 10, 

15 United States Code, is amended by adding at the end 

16 the following new section: 

17 ‘‘§ 119b. Bipartisan independent strategic review 

18 panel 

19 ‘‘(a) ESTABLISHMENT.—There is established a bipar20 tisan independent strategic review panel (in this section re21 ferred to as the ‘Panel’) to conduct a regular review of the 

22 national defense strategic environment of the United States 

23 and to conduct an independent assessment of the quadren24 nial defense review required under section 118. 

25 ‘‘(b) MEMBERSHIP.— 

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1 ‘‘(1) APPOINTMENT.—The Panel shall be com2 posed of 12 members from civilian life with a recog3 nized expertise in national security matters who shall 

4 be appointed as follows: 

5 ‘‘(A) Four members shall be appointed by 

6 the Secretary of Defense, of whom not more than 

7 three members shall be of the same political 

8 party. 

9 ‘‘(B) Two members shall be appointed by 

10 the chair of the Committee on Armed Services of 

11 the House of Representatives. 

12 ‘‘(C) Two members shall be appointed by 

13 the chair of the Committee on Armed Services of 

14 the Senate. 

15 ‘‘(D) Two members shall be appointed by 

16 the ranking minority member of the Committee 

17 on Armed Services of the House of Representa18 tives. 

19 ‘‘(E) Two members shall be appointed by 

20 the ranking minority member of the Committee 

21 on Armed Services of the Senate. 

22 ‘‘(2) INITIAL MEMBERS: APPOINTMENT DATE AND

23 TERM OF SERVICE.— 

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1 ‘‘(A) APPOINTMENT DATE.—The initial 

2 members of the Panel shall be appointed under 

3 paragraph (1) not later than January 30, 2013. 

4 ‘‘(B) TERMS.— 

5 ‘‘(i) The Secretary of Defense shall des6 ignate two initial members of the Panel ap7 pointed under paragraph (1)(A) to serve 

8 terms that expire on December 31, 2013, 

9 and two such initial members to serve terms 

10 that expire on December 31, 2014. 

11 ‘‘(ii) The chair of the Committee on 

12 Armed Services of the House of Representa13 tives shall designate one initial member of 

14 the Panel appointed under paragraph 

15 (1)(B) to serve a term that expires on De16 cember 31, 2013, and one such initial mem17 ber to serve a term that expires on Decem18 ber 31, 2014. 

19 ‘‘(iii) The chair of the Committee on 

20 Armed Services of the Senate shall designate 

21 one initial member of the Panel appointed 

22 under paragraph (1)(C) to serve a term that 

23 expires on December 31, 2013, and one such 

24 initial member to serve a term that expires 

25 on December 31, 2014. 

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1 ‘‘(iv) The ranking minority member of 

2 the Committee on Armed Services of the 

3 House of Representatives shall designate one 

4 initial member of the Panel appointed 

5 under paragraph (1)(D) to serve a term 

6 that expires on December 31, 2013, and one 

7 such initial member to serve a term that ex8 pires on December 31, 2014. 

9 ‘‘(v) The ranking minority member of 

10 the Committee on Armed Services of the 

11 Senate shall designate one initial member of 

12 the Panel appointed under paragraph 

13 (1)(E) to serve a term that expires on De14 cember 31, 2013, and one such initial mem15 ber to serve a term that expires on Decem16 ber 31, 2014. 

17 ‘‘(3) CHAIRS.—The Secretary of Defense shall 

18 designate two members appointed pursuant to para19 graph (1)(A) that are not of the same political party 

20 to serve as the Chairs of the Panel. 

21 ‘‘(4) VACANCIES.— 

22 ‘‘(A) A vacancy in the Panel shall be filled 

23 in the same manner as the original appointment 

24 and not later than 30 days after the date on 

25 which the vacancy begins. 

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1 ‘‘(B) A member of the Panel appointed to 

2 fill a vacancy shall be appointed for a term that 

3 expires— 

4 ‘‘(i) in the case of an appointment to 

5 fill a vacancy resulting from a person not 

6 serving the entire term for which such per7 son was appointed, at the end of the re8 mainder of such term; and 

9 ‘‘(ii) in the case of an appointment to 

10 fill a vacancy resulting from the expiration 

11 of the term of a member of the panel, two 

12 years after the date on which the term of 

13 such member expired. 

14 ‘‘(5) REAPPOINTMENT.—Members of the Panel 

15 may be reappointed to the Panel for additional terms 

16 of service. 

17 ‘‘(6) PAY.—The members of the Panel shall serve 

18 without pay 

19 ‘‘(7) TRAVEL EXPENSES.—Each member of the 

20 Panel shall receive travel expenses, including per 

21 diem in lieu of subsistence, in accordance with appli22 cable provisions under subchapter I of chapter 57 of 

23 title 5, United States Code. 

24 ‘‘(c) DUTIES.— 

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1 ‘‘(1) REVIEW OF NATIONAL DEFENSE STRATEGIC

2 ENVIRONMENT.—The Panel shall every four years, 

3 during a year following a year evenly divisible by 

4 four, review the national defense strategic environ5 ment of the United States. Such review shall include 

6 a review and assessment of— 

7 ‘‘(A) the national defense environment, in8 cluding challenges and opportunities; 

9 ‘‘(B) the national defense strategy and pol10 icy; 

11 ‘‘(C) the national defense roles, missions, 

12 and organizations; 

13 ‘‘(D) the risks to the national defense of the 

14 United States and how such risks affect chal15 lenges and opportunities to national defense; and 

16 ‘‘(2) ADDITIONAL REVIEWS.—The Panel may 

17 conduct additional reviews under paragraph (1) as 

18 requested by Congress or the Secretary of Defense, or 

19 when the Panel determines a significant change in the 

20 national defense environment has occurred that would 

21 warrant new recommendations from the Panel. 

22 ‘‘(3) ASSESSMENT OF QUADRENNIAL DEFENSE

23 REVIEW.—The Panel shall conduct an assessment of 

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1 ducted under section 118. Each assessment shall in2 clude— 

3 ‘‘(A) a review of the Secretary of Defense’s 

4 terms of reference, and any other materials pro5 viding the basis for, or substantial inputs to, the 

6 work of the Department of Defense on such quad7 rennial defense review; 

8 ‘‘(B) an assessment of the assumptions, 

9 strategy, findings, and risks in the report of the 

10 Secretary of Defense on such quadrennial defense 

11 review required under section 118(d), with par12 ticular attention paid to the risks described in 

13 such a report; 

14 ‘‘(C) an independent assessment of a variety 

15 of possible force structures for the armed forces, 

16 including the force structure identified in the re17 port required under section 118(d); and 

18 ‘‘(D) a review of the resource requirements 

19 identified in such quadrennial defense review 

20 pursuant to section 118(b)(3) and, to the extent 

21 practicable, a general comparison of such re22 source requirements with the resource require23 ments to support the forces contemplated under 

24 the force structures assessed under subparagraph 

25 (C). 

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1 ‘‘(d) ADMINISTRATIVE PROVISIONS.— 

2 ‘‘(1) STAFF.— 

3 ‘‘(A) IN GENERAL.—The Chairs of the Panel 

4 may, without regard to the civil service laws and 

5 regulations, appoint and terminate an executive 

6 director and not more than 11 additional per7 sonnel, as may be necessary to enable the Panel 

8 to perform the duties of the Panel. 

9 ‘‘(B) COMPENSATION.—The Chairs of the 

10 Panel may fix the compensation of the executive 

11 director and other personnel without regard to 

12 the provisions of chapter 51 and subchapter III 

13 of chapter 53 of title 5, United States Code, re14 lating to the classification of positions and Gen15 eral Schedule pay rates, except that the rate of 

16 pay for the executive director and other per17 sonnel may not exceed the rate payable for level 

18 V of the Executive Schedule under section 5316 

19 of such title. 

20 ‘‘(2) DETAIL OF GOVERNMENT EMPLOYEES.— 

21 Any Federal Government employee may be detailed to 

22 the Panel without reimbursement, and such detail 

23 shall be without interruption or loss of civil service 

24 status or privilege. 

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1 ‘‘(3) PROCUREMENT OF TEMPORARY AND INTER2 MITTENT SERVICES.—The Chairs of the Panel may 

3 procure temporary and intermittent services under 

4 section 3109(b) of title 5, United States Code, at rates 

5 for individuals that do not exceed the daily equivalent 

6 of the annual rate of basic pay for level V of the Exec7 utive Schedule under section 5316 of such title. 

8 ‘‘(4) PROVISION OF INFORMATION.—The Panel 

9 may request directly from the Department of Defense 

10 and any of its components such information as the 

11 Panel considers necessary to carry out its duties 

12 under this section. The head of the department or 

13 agency concerned shall cooperate with the Panel to 

14 ensure that information requested by the Panel under 

15 this paragraph is promptly provided to the maximum 

16 extent practical. 

17 ‘‘(5) USE OF CERTAIN DEPARTMENT OF DEFENSE

18 RESOURCES.—Upon the request of the Chairs of the 

19 Panel, the Secretary of Defense shall make available 

20 to the Panel the services of any federally-funded re21 search and development center that is covered by a 

22 sponsoring agreement of the Department of Defense. 

23 ‘‘(6) FUNDING.—Funds for activities of the Panel 

24 shall be provided from amounts available to the De25 partment of Defense. 

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1 ‘‘(e) REPORTS.— 

2 ‘‘(1) REVIEW OF NATIONAL DEFENSE STRATEGIC

3 ENVIRONMENT.—Not later than June 30 of a year fol4 lowing a year evenly divisible by four, the Panel shall 

5 submit to the congressional defense committees, the 

6 Secretary of Defense, and the National Security 

7 Council a report containing the results of the review 

8 conducted under subsection (c)(1) and any rec9 ommendations or other matters that the Panel con10 siders appropriate. 

11 ‘‘(2) ASSESSMENT OF QUADRENNIAL DEFENSE

12 REVIEW.—Not later than 90 days after the date on 

13 which a report on a quadrennial defense review is 

14 submitted to Congress under section 118(d), the Panel 

15 shall submit to the congressional defense committees 

16 and the Secretary of Defense a report containing the 

17 results of the assessment conducted under subsection 

18 (c)(3) and any recommendations or other matters 

19 that the Panel considers appropriate.’’. 

20 (2) CLERICAL AMENDMENT.—The table of sec21 tions at the beginning of chapter 2 of title 10, United 

22 States Code, is amended by adding at the end the fol23 lowing new item: 

‘‘119b. Bipartisan independent strategic review panel.’’. 

24 (b) UPDATES FROM SECRETARY OF DEFENSE ON

25 PROGRESS OF QUADRENNIAL DEFENSE REVIEW.—Section 

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1 118(f) of title 10, United States Code, is amended to read 

2 as follows: 

3 ‘‘(f) UPDATES TO BIPARTISAN INDEPENDENT STRA4 TEGIC REVIEW PANEL.—The Secretary of Defense shall en5 sure that periodically, but not less often than every 60 days, 

6 or at the request of the Chairs of the bipartisan independent 

7 strategic review panel established under section 119b(a), the 

8 Department of Defense briefs such panel on the progress of 

9 the conduct of a quadrennial defense review under sub10 section (a).’’. 

11 (c) BIPARTISAN INDEPENDENT STRATEGIC REVIEW OF

12 THE UNITED STATES ARMY.— 

13 (1) REVIEW REQUIRED.—Not later than 30 days 

14 after the date on which all initial members of the bi15 partisan independent strategic review panel are ap16 pointed under section 119b(b) of title 10, United 

17 States Code, as added by subsection (a)(1) of this sec18 tion, the Panel shall begin a review of the future of 

19 the Army. 

20 (2) ELEMENTS OF REVIEW.—The review required 

21 under paragraph (1) shall include a review and as22 sessment of— 

23 (A) the validity and utility of the scenarios 

24 and planning assumptions the Army used to de25 velop the current force structure of the Army; 

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1 (B) such force structure and an evaluation 

2 of the adequacy of such force structure for meet3 ing the goals of the national military strategy of 

4 the United States; 

5 (C) the size and structure of elements of the 

6 Army, in particular United States Army Train7 ing and Doctrine Command, United States 

8 Army Materiel Command, and corps and higher 

9 headquarters elements; 

10 (D) potential alternative force structures of 

11 the Army; and 

12 (E) the resource requirements of each of the 

13 alternative force structures analyzed by the 

14 Panel. 

15 (3) REPORT.— 

16 (A) PANEL REPORT.—Not later than one 

17 year after the date on which the Panel begins the 

18 review required under paragraph (1), the Panel 

19 shall submit to the congressional defense commit20 tees and the Secretary of Defense a report con21 taining the findings and recommendations of the 

22 Panel, including any recommendations con23 cerning changes to the planned size and composi24 tion of the Army. 

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1 (B) ADDITIONAL VIEWS.—The report re2 quired under subparagraph (A) shall include 

3 any additional or dissenting views of a member 

4 of the Panel that such member considers appro5 priate to include in such report. 

6 (4) DEFINITIONS.—In this section: 

7 (A) ARMY.—The term ‘‘Army’’ includes the 

8 reserve components of the Army. 

9 (B) BIPARTISAN INDEPENDENT STRATEGIC

10 REVIEW PANEL.—The terms ‘‘bipartisan inde11 pendent strategic review panel’’ and ‘‘Panel’’ 

12 mean the bipartisan independent strategic re13 view panel established under section 119b(a) of 

14 title 10, United States Code, as added by sub15 section (a)(1) of this section. 

16 SEC. 1082. NOTIFICATION OF DELAYED REPORTS. 

17 (a) IN GENERAL.—Chapter 3 of title 10, United States 

18 Code, is amended by inserting after section 122a the fol19 lowing new section: 

20 ‘‘§ 122b. Notification of delayed reports 

21 ‘‘If the Secretary of Defense determines that a report 

22 required by law to be submitted by any official of the De23 partment of Defense to Congress will not be submitted by 

24 the date required under law, the Secretary shall submit to 

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1 the congressional defense committees a notification, by not 

2 later than such date, of the following: 

3 ‘‘(1) An explanation of why such report will not 

4 be submitted by such date. 

5 ‘‘(2) The date on which such report will be sub6 mitted. 

7 ‘‘(3) The status of such report as of the date of 

8 the notification. 

9 ‘‘(4) The office of the Department carrying out 

10 such report and the individual acting as the head of 

11 such office.’’. 

12 (b) CLERICAL AMENDMENT.—The table of sections at 

13 the beginning of such chapter is amended by inserting after 

14 the item relating to section 122a the following new item: 

‘‘122b. Notification of delayed reports.’’. 

15 SEC. 1083. TECHNICAL AND CLERICAL AMENDMENTS. 

16 (a) AMENDMENTS TO NATIONAL DEFENSE AUTHOR17 IZATION ACT FOR FISCAL YEAR 2012.—Effective as of De18 cember 31, 2011, and as if included therein as enacted, the 

19 National Defense Authorization Act for Fiscal Year 2012 

20 (Public Law 112–81) is amended as follows: 

21 (1) Section 243(d) (125 Stat. 1344) is amended 

22 by striking ‘‘paragraph’’ and inserting ‘‘subsection’’. 

23 (2) Section 541(b) (125 Stat. 1407) is amended 

24 by striking ‘‘, as amended by subsection (a),’’. 

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1 (3) Section 589(b) (125 Stat. 1438) is amended 

2 by striking ‘‘section 717’’ and inserting ‘‘section 

3 2564’’. 

4 (4) Section 602(a)(2) (125 Stat. 1447) is amend5 ed by striking ‘‘repairs,’’ and inserting ‘‘repairs’’. 

6 (5) Section 631(e)(28)(A) (125 Stat. 1464) is 

7 amended by striking ‘‘In addition’’ in the matter pro8 posed to be inserted and inserting ‘‘Under regula9 tions’’. 

10 (6) Section 631(f)(2) (125 Stat. 1464) is amend11 ed by striking ‘‘table of chapter’’ and inserting ‘‘table 

12 of chapters’’. 

13 (7) Section 631(f)(3)(B) (125 Stat. 1465) is 

14 amended by striking ‘‘chapter 9’’ and inserting 

15 ‘‘chapter 10’’. 

16 (8) Section 631(f)(4) (125 Stat. 1465) is amend17 ed by striking ‘‘subsection (c)’’ both places it appears 

18 and inserting ‘‘subsection (d)’’. 

19 (9) Section 801 (125 Stat. 1482) is amended— 

20 (A) in subsection (a)(1)(B), by striking 

21 ‘‘paragraphs (6) and (7)’’ and inserting ‘‘para22 graphs (5) and (6)’’; 

23 (B) in subsection (a)(2), in the matter pro24 posed to be inserted as a new paragraph, by 

25 striking the double closing quotation marks after 

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1 ‘‘capabilities’’ and inserting a single closing 

2 quotation mark; and 

3 (C) in subsection (e)(1)(A), by striking 

4 ‘‘Point’’ in the matter proposed to be struck 

5 and inserting ‘‘Point A’’. 

6 (10) Section 832(b)(1) (125 Stat. 1504) is 

7 amended by striking ‘‘Defenese’’ and inserting ‘‘De8 fense’’. 

9 (11) Section 855 (125 Stat. 1521) is amended by 

10 striking ‘‘Section 139e(b)(12)’’ and inserting ‘‘Section 

11 139c(b)(12)’’. 

12 (12) Section 864(a)(2) (125 Stat. 1522) is 

13 amended by striking ‘‘for Acquisition Workforce Pro14 grams’’ in the matter proposed to be struck. 

15 (13) Section 864(d)(2) (125 Stat. 1525) is 

16 amended to read as follows: 

17 ‘‘(2) in paragraph (6), by striking ‘ensure that 

18 amounts collected’ and all that follows through the 

19 end of the paragraph (as amended by section 526 of 

20 division C of Public Law 112-74 (125 Stat. 914)) and 

21 inserting ‘ensure that amounts collected under this 

22 section are not used for a purpose other than the ac23 tivities set forth in section 1201(a) of this title.’.’’. 

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1 (14) Section 866(a) (125 Stat. 1526) is amended 

2 by striking ‘‘September 30’’ in the matter proposed to 

3 be struck and inserting ‘‘December 31’’. 

4 (15) Section 867 (125 Stat. 1526) is amended— 

5 (A) in paragraph (1), by striking ‘‘2010’’ in 

6 the matter proposed to be struck and inserting 

7 ‘‘2011’’; and 

8 (B) in paragraph (2), by striking ‘‘2013’’ 

9 in the matter proposed to be struck and inserting 

10 ‘‘2014’’. 

11 (16) Section 1045(c)(1) (125 Stat. 1577) is 

12 amended by striking ‘‘described in subsection (b)’’ 

13 and inserting ‘‘described in paragraph (2)’’. 

14 (17) Section 1067 (125 Stat. 1589) is amend15 ed— 

16 (A) by striking subsection (a); and 

17 (B) by striking the subsection designation 

18 and the subsection heading of subsection (b). 

19 (18) Section 2702 (125 Stat. 1681) is amend20 ed— 

21 (A) in the section heading, by striking ‘‘AU22 THORIZED’’ and inserting ‘‘AUTHORIZATION

23 OF APPROPRIATIONS FOR’’; and 

24 (B) by striking ‘‘Using amounts’’ and all 

25 that follows through ‘‘may carry out’’ and insertmstockstill on DSK4VPTVN1PROD with BILLS

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1 ing ‘‘Funds are hereby authorized to be appro2 priated for fiscal years beginning after Sep3 tember 30, 2011, for’’. 

4 (19) Section 2815(c) (125 Stat. 1689) is amend5 ed by inserting ‘‘subchapter III of’’ before ‘‘chapter 

6 169’’. 

7 (b) AMENDMENTS TO IKE SKELTON NATIONAL DE8 FENSE AUTHORIZATION ACT FOR FISCAL YEAR 2011.—Ef9 fective as of January 7, 2011, and as if included therein 

10 as enacted, the Ike Skelton National Defense Authorization 

11 Act for Fiscal Year 2011 (Public Law 111–383) is amended 

12 as follows: 

13 (1) Section 533(b) (124 Stat. 4216) is amended 

14 by inserting ‘‘Section’’ before ‘‘1559(a)’’. 

15 (2) Section 863(d)(9) (124 Stat. 4293; 10 U.S.C. 

16 2330 note) is amended by striking ‘‘this title’’ and in17 serting ‘‘title 10, United States Code’’. 

18 (3) Section 896(a) (124 Stat. 4314) is amended 

19 by striking ‘‘Chapter 7’’ and inserting ‘‘Chapter 4’’. 

20 (c) AMENDMENTS TO REFLECT REDESIGNATION OF

21 CERTAIN POSITIONS IN OFFICE OF SECRETARY OF DE22 FENSE.— 

23 (1) ASSISTANT SECRETARY OF DEFENSE FOR NU24 CLEAR, CHEMICAL, AND BIOLOGICAL DEFENSE PRO25 GRAMS.— Section 1605(a)(5) of the National Defense 

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1 Authorization Act for Fiscal Year 1994 (Public Law 

2 103–160; 22 U.S.C. 2751 note) is amended by strik3 ing ‘‘The Assistant to the Secretary of Defense for Nu4 clear and Chemical and Biological Defense Pro5 grams’’ each place it appears and inserting ‘‘The As6 sistant Secretary of Defense for Nuclear, Chemical, 

7 and Biological Defense Programs’’. 

8 (2) ASSISTANT SECRETARY OF DEFENSE FOR RE9 SEARCH AND ENGINEERING.— 

10 (A) The following provisions are amended 

11 by striking ‘‘Director of Defense Research and 

12 Engineering’’ and inserting ‘‘Assistant Secretary 

13 of Defense for Research and Engineering’’: 

14 (i) Sections 2362(a)(1) and 2521(e)(5) 

15 of title 10, United States Code. 

16 (ii) Section 241(c) of the National De17 fense Authorization Act for Fiscal Year 

18 2006 (Public Law 109–163; 10 U.S.C. 2521 

19 note). 

20 (iii) Section 212(b) of the Ronald W. 

21 Reagan National Defense Authorization Act 

22 for Fiscal Year 2005 (Public Law 108–375; 

23 10 U.S.C. 2358 note). 

24 (iv) Section 246(d)(1) of the Bob 

25 Stump National Defense Authorization Act 

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1 for Fiscal Year 2003 (Public Law 107–314; 

2 10 U.S.C. 2358 note). 

3 (v) Section 257(a) of the National De4 fense Authorization Act for Fiscal Year 

5 1995 (Public Law 103–337; 10 U.S.C. 2358 

6 note). 

7 (vi) Section 1101(b)(1)(D) of the 

8 Strom Thurmond National Defense Author9 ization Act for Fiscal Year 1999 (Public 

10 Law 105–261; 5 U.S.C. 3104 note). 

11 (vii) Section 802(g)(1)(B)(ii) of the 

12 Higher Education Opportunity Act (20 

13 U.S.C. 9631(g)(1)(B)(ii)). 

14 (B) Section 2365 of title 10, United States 

15 Code, is amended— 

16 (i) in subsection (a), by inserting ‘‘of 

17 Defense for Research and Engineering’’ 

18 after ‘‘Assistant Secretary’’; and 

19 (ii) in subsection (d)(3)(A), by striking 

20 ‘‘Director’’ and inserting ‘‘Assistant Sec21 retary’’. 

22 (C) Section 256 of the National Defense Au23 thorization Act for Fiscal Year 2006 (Public 

24 Law 109–163; 10 U.S.C. 1071 note) is amended 

25 in subsections (b)(4) and (d) by striking ‘‘Direcmstockstill on DSK4VPTVN1PROD with BILLS

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1 tor, Defense’’ and inserting ‘‘Assistant Secretary 

2 of Defense for’’. 

3 (D) Section 1504 of the Duncan Hunter 

4 National Defense Authorization Act for Fiscal 

5 Year 2009 (Public Law 110–417; 10 U.S.C. 2358 

6 note) is amended— 

7 (i) in subsection (a), by striking ‘‘Di8 rector of Defense’’ and inserting ‘‘Assistant 

9 Secretary of Defense for’’; and 

10 (ii) in subsection (b)(9), by striking 

11 ‘‘the Director of the’’ and all that follows 

12 through ‘‘Engineering’’ and inserting ‘‘the 

13 Director and the Assistant Secretary’’. 

14 (E) Section 802 of the National Defense Au15 thorization Act for Fiscal Year 1994 (Public 

16 Law 103–160; 10 U.S.C. 2358 note) is amend17 ed— 

18 (i) in subsection (a), by striking ‘‘Di19 rector of Defense’’ and inserting ‘‘Assistant 

20 Secretary of Defense for’’; 

21 (ii) in subsections (b), (d), and (e), by 

22 striking ‘‘Director’’ and inserting ‘‘Assist23 ant Secretary’’; and 

24 (iii) in subsection (f), by striking ‘‘Not 

25 later than’’ and all that follows through 

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1 ‘‘the Director’’ and inserting ‘‘The Assistant 

2 Secretary’’. 

3 (F) Section 214 of the National Defense Au4 thorization Act for Fiscal Year 2008 (Public 

5 Law 110–181; 10 U.S.C. 2521 note) is amended 

6 by striking ‘‘unless the’’ and all that follows 

7 through ‘‘ensures’’ and inserting ‘‘unless the As8 sistant Secretary of Defense for Research and 

9 Engineering ensures’’. 

10 (d) CROSS-REFERENCE AMENDMENTS RELATING TO

11 ENACTMENT OF TITLE 41.—Title 10, United States Code, 

12 is amended as follows: 

13 (1) Section 2302 is amended— 

14 (A) in paragraph (7), by striking ‘‘section 

15 4 of such Act’’ and inserting ‘‘such section’’; and 

16 (B) in paragraph (9)(A)— 

17 (i) by striking ‘‘section 26 of the Office 

18 of Federal Procurement Policy Act (41 

19 U.S.C. 422)’’ and inserting ‘‘chapter 15 of 

20 title 41’’; and 

21 (ii) by striking ‘‘such section’’ and in22 serting ‘‘such chapter’’. 

23 (2) Section 2306a(b)(3)(B) is amended by strik24 ing ‘‘section 4(12)(C)(i) of the Office of Federal Promstockstill on DSK4VPTVN1PROD with BILLS

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1 curement Policy Act (41 U.S.C. 403(12)(C)(i))’’ and 

2 inserting ‘‘section 103(3)(A) of title 41’’. 

3 (3) Section 2321(f)(2) is amended by striking 

4 ‘‘section 35(c) of the Office of Federal Procurement 

5 Policy Act (41 U.S.C. 431(c))’’ and inserting ‘‘section 

6 104 of title 41’’. 

7 (4) Section 2359a(h) is amended by striking 

8 ‘‘section 16(c) of the Office of Federal Procurement 

9 Policy Act (41 U.S.C. 414(c))’’ and inserting ‘‘section 

10 1702(c) of title 41’’. 

11 (5) Section 2359b(k)(4) is amended— 

12 (A) in subparagraph (A), by striking ‘‘sec13 tion 4 of the Office of Federal Procurement Pol14 icy Act (41 U.S.C. 403)’’ and inserting ‘‘section 

15 110 of title 41’’; and 

16 (B) in subparagraph (B), by adding a pe17 riod at the end. 

18 (6) Section 2379 is amended— 

19 (A) in subsections (a)(1)(A), (b)(2)(A), and 

20 (c)(1)(B)(i), by striking ‘‘section 4(12) of the Of21 fice of Federal Procurement Policy Act (41 

22 U.S.C. 403(12))’’ and inserting ‘‘section 103 of 

23 title 41’’; and 

24 (B) in subsections (b) and (c)(1), by strik25 ing ‘‘section 35(c) of the Office of Federal Promstockstill on DSK4VPTVN1PROD with BILLS

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1 curement Policy Act (41 U.S.C. 431(c))’’ and in2 serting ‘‘section 104 of title 41’’. 

3 (7) Section 2382(c) is amended— 

4 (A) in paragraph (2)(B), by striking ‘‘sec5 tions 303H through 303K of the Federal Prop6 erty and Administrative Services Act of 1949 (41 

7 U.S.C. 253h through 253k)’’ and inserting ‘‘sec8 tions 4101, 4103, 4105, and 4106 of title 41’’; 

9 and 

10 (B) in paragraph (3)(A), by striking ‘‘sec11 tion 16(c) of the Office of Federal Procurement 

12 Policy Act (41 U.S.C. 414(c))’’ and inserting 

13 ‘‘section 1702(c) of title 41’’. 

14 (8) Section 2410m(b)(1) is amended— 

15 (A) in subparagraph (A)(i), by striking 

16 ‘‘section 7 of such Act’’ and inserting ‘‘section 

17 7104(a) of such title’’; and 

18 (B) in subparagraph (B)(ii), by striking 

19 ‘‘section 7 of the Contract Disputes Act of 1978’’ 

20 and inserting ‘‘section 7104(a) of title 41’’. 

21 (9) Section 2533b is amended— 

22 (A) in subsection (h)— 

23 (i) in paragraph (1), by striking ‘‘sec24 tions 34 and 35 of the Office of Federal Pro25 curement Policy Act (41 U.S.C. 430 and 

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1 431)’’ and inserting ‘‘sections 1906 and 

2 1907 of title 41’’; and 

3 (ii) in paragraph (2), by striking ‘‘sec4 tion 35(c) of the Office of Federal Procure5 ment Policy Act (41 U.S.C. 431(c))’’ and 

6 inserting ‘‘section 104 of title 41’’; and 

7 (B) in subsection (m)— 

8 (i) in paragraph (2), by striking ‘‘sec9 tion 4 of the Office of Federal Procurement 

10 Policy Act (41 U.S.C. 403)’’ and inserting 

11 ‘‘section 105 of title 41’’; 

12 (ii) in paragraph (3), by striking ‘‘sec13 tion 4 of the Office of Federal Procurement 

14 Policy Act (41 U.S.C. 403)’’ and inserting 

15 ‘‘section 131 of title 41’’; and 

16 (iii) in paragraph (5), by striking 

17 ‘‘section 35(c) of the Office of Federal Pro18 curement Policy Act (41 U.S.C. 431(c))’’ 

19 and inserting ‘‘section 104 of title 41’’. 

20 (e) OTHER CROSS-REFERENCE AMENDMENTS IN TITLE

21 10.—Title 10, United States Code, is amended as follows: 

22 (1) Section 1722b(c) is amended— 

23 (A) in paragraph (3), by striking ‘‘sub24 sections (b)(2)(A) and (b)(2)(B)’’ and inserting 

25 ‘‘subsections (b)(1)(A) and (b)(1)(B)’’; and 

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1 (B) in paragraph (4), by striking ‘‘1734(d), 

2 or 1736(c)’’ and inserting ‘‘or 1734(d)’’. 

3 (2) Section 2382(b)(1) is amended by inserting 

4 ‘‘of the Small Business Act (15 U.S.C. 657q(c)(4))’’ 

5 after ‘‘section 44(c)(4)’’; 

6 (3) Section 2548(e)(2) is amended by striking 

7 ‘‘section 103(f) of the Weapon Systems Acquisition 

8 Reform Act of 2009 (10 U.S.C. 2430 note),’’ and in9 serting ‘‘section 2438(f) of this title’’. 

10 (4) Section 2925 is amended— 

11 (A) in subsection (a)(1), by striking ‘‘sec12 tion 533’’ and inserting ‘‘section 553’’; and 

13 (B) in subsection (b)(1), by striking ‘‘sec14 tion 139b’’ and inserting ‘‘section 138c’’. 

15 (f) DATE OF ENACTMENT REFERENCES.—Title 10, 

16 United States Code, is amended as follows: 

17 (1) Section 1564(a)(2)(B) is amended by strik18 ing ‘‘the date of the enactment of the Ike Skelton Na19 tional Defense Authorization Act for Fiscal Year 

20 2011’’ in clauses (ii) and (iii) and inserting ‘‘Janu21 ary 7, 2011’’. 

22 (2) Section 2359b(k)(5) is amended by striking 

23 ‘‘the date that is five years after the date of the enact24 ment of this Act’’ and inserting ‘‘January 7, 2016’’. 

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1 (3) Section 2649(c) is amended by striking 

2 ‘‘During the 5-year period beginning on the date of 

3 the enactment of the Ike Skelton National Defense Au4 thorization Act for Fiscal Year 2011’’ and inserting 

5 ‘‘Until January 6, 2016’’. 

6 (4) Section 2790(g)(1) is amended by striking 

7 ‘‘on or after the date of the enactment of the Ike Skel8 ton National Defense Authorization Act for Fiscal 

9 Year 2011’’ and inserting ‘‘after January 6, 2011,’’. 

10 (5) Sections 3911(b)(2), 6323(a)(2)(B), and 

11 8911(b)(2) are amended by striking ‘‘the date of the 

12 enactment of the Ike Skelton National Defense Au13 thorization Act for Fiscal Year 2011’’ and inserting 

14 ‘‘January 7, 2011,’’. 

15 (6) Section 10217(d)(3) is amended by striking 

16 ‘‘after the end of the 2-year period beginning on the 

17 date of the enactment of this subsection’’ and insert18 ing ‘‘after January 6, 2013’’. 

19 (g) OTHER MISCELLANEOUS AMENDMENTS TO TITLE

20 10.—Title 10, United States Code, is amended as follows: 

21 (1) Section 113(c)(2) is amended by striking 

22 ‘‘on’’ after ‘‘Board on’’. 

23 (2) The table of sections at the beginning of 

24 chapter 4 is amended by striking the item relating to 

25 section 133b. 

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1 (3) Paragraph (3) of section 138(c), as added by 

2 section 314(a) of the National Defense Authorization 

3 Act for Fiscal Year 2012 (Public Law 112–81; 125 

4 Stat. 1357), is transferred to appear at the end of sec5 tion 138c(c). 

6 (4) Section 139a(d)(4) is amended by adding a 

7 period at the end. 

8 (5) Section 139b(a)(6) is amended by striking 

9 ‘‘propriety’’ and inserting ‘‘proprietary’’. 

10 (6) The item relating to section 225 at the end 

11 of the table of sections at the beginning of chapter 9 

12 is transferred to appear after the item relating to sec13 tion 224. 

14 (7) Section 843(b)(2)(B)(v) (article 43 of the 

15 Uniform Code of Military Justice) is amended by 

16 striking ‘‘Kidnaping,,’’ and inserting ‘‘Kidnaping,’’ 

17 (8) Section 920(g)(7) (article 120 of the Uniform 

18 Code of Military Justice) is amended by striking the 

19 second period at the end. 

20 (9) Section 1086(b)(1) is amended by striking 

21 ‘‘clause (2)’’ and inserting ‘‘paragraph (2)’’. 

22 (10) Section 1142(b)(10) is amended by striking 

23 ‘‘training,,’’ and inserting ‘‘training,’’. 

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1 (11) Section 1401(a) is amended by striking 

2 ‘‘columns 1, 2, 3, and 4,’’ in the matter preceding the 

3 table and inserting ‘‘columns 1, 2, and 3,’’. 

4 (12) Section 1781(a) is amended— 

5 (A) in the first sentence, by striking ‘‘Direc6 tor’’ and inserting ‘‘Office’’; 

7 (B) in the first sentence, by striking ‘‘here8 inafter’’; and 

9 (C) in the second sentence, by striking ‘‘of10 fice’’ both places it appears and inserting ‘‘Of11 fice’’. 

12 (13) Section 1790 is amended— 

13 (A) by striking the section heading and in14 serting the following: 

15 ‘‘§ 1790. Military personnel citizenship processing’’; 

16 (B) by striking ‘‘AUTHORIZATION OF PAY17 MENTS.—’’; 

18 (C) by striking ‘‘title 10, United States 

19 Code’’ and inserting ‘‘this title’’; 

20 (D) by striking ‘‘Secs.’’; and 

21 (E) by striking ‘‘sections 286(m) and (n) of 

22 such Act (8 U.S.C. Sec. 1356(m))’’ and inserting 

23 ‘‘subsections m and (n) of section 286 of such Act 

24 (8 U.S.C. 1356).’’. 

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1 (14) Section 2006(b)(2) is amended by redesig2 nating the second subparagraph (E) (as added by sec3 tion 109(b)(2)(B) of Public Law 111–377 (124 Stat. 

4 4120), effective August 1, 2011) as subparagraph (F). 

5 (15) Section 2350m(e) is amended by striking 

6 ‘‘Not later than October 31, 2009, and annually there7 after’’ and inserting ‘‘Not later than October 31 each 

8 year’’. 

9 (16) Section 2401 is amended by striking ‘‘the 

10 Committee on Armed Services and the Committee on 

11 Appropriations of the Senate and the Committee on 

12 Armed Services and the Committee on Appropriations 

13 of the House of Representatives’’ in subsections 

14 (b)(1)(B) and (h)(1) and inserting ‘‘the congressional 

15 defense committees’’. 

16 (17) Section 2438(a)(3) is amended by inserting 

17 ‘‘the senior’’ before ‘‘official’s’’. 

18 (18) Section 2548 is amended— 

19 (A) in subsection (a)— 

20 (i) by striking ‘‘Not later than’’ and 

21 all that follows through ‘‘the Secretary’’ and 

22 inserting ‘‘The Secretary’’; and 

23 (ii) by adding a period at the end of 

24 paragraph (3); 

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1 (B) in subsection (d), by striking ‘‘Begin2 ning with fiscal year 2012, the’’ and inserting 

3 ‘‘The’’; and 

4 (C) in subsection (e)(1), by striking ‘‘, 

5 United States Code,’’. 

6 (19) Section 2561(f)(2) is amended by striking 

7 ‘‘Committee on International Relations’’ and insert8 ing ‘‘Committee on Foreign Affairs’’. 

9 (20) Section 2687a is amended— 

10 (A) in subsection (a), by striking ‘‘Foreign 

11 relations’’ and inserting ‘‘Foreign Relations’’; 

12 and 

13 (B) in subsection (b)(1)— 

14 (i) by striking the comma after ‘‘in15 cluding’’; and 

16 (ii) by striking ‘‘The Treaty’’ and in17 serting ‘‘the Treaty’’. 

18 (21) Section 4342 is amended— 

19 (A) in subsection (b)— 

20 (i) in paragraph (1), by striking 

21 ‘‘clause’’ both places it appears and insert22 ing ‘‘paragraph’’; and 

23 (ii) in paragraph (5), by striking 

24 ‘‘clauses’’ and inserting ‘‘paragraphs’’; 

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1 (B) in subsection (d), by striking ‘‘clauses’’ 

2 and inserting ‘‘paragraphs’’; and 

3 (C) in subsection (f), by striking ‘‘clauses’’ 

4 and inserting ‘‘paragraphs’’. 

5 (22) Section 4343 is amended by striking 

6 ‘‘clauses’’ and inserting ‘‘paragraphs’’. 

7 (23) Section 6954 is amended— 

8 (A) in subsection (b)— 

9 (i) in paragraph (1), by striking 

10 ‘‘clause’’ both places it appears and insert11 ing ‘‘paragraph’’; and 

12 (ii) in paragraph (5), by striking 

13 ‘‘clauses’’ and inserting ‘‘paragraphs’’; and 

14 (B) in subsection (d), by striking ‘‘clauses’’ 

15 and inserting ‘‘paragraphs’’. 

16 (24) Section 6956(b) is amended by striking 

17 ‘‘clauses’’ and inserting ‘‘paragraphs’’. 

18 (25) Section 9342 is amended— 

19 (A) in subsection (b)— 

20 (i) in paragraph (1), by striking 

21 ‘‘clause’’ both places it appears and insert22 ing ‘‘paragraph’’; and 

23 (ii) in paragraph (5), by striking 

24 ‘‘clauses’’ and inserting ‘‘paragraphs’’; 

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1 (B) in subsection (d), by striking ‘‘clauses’’ 

2 and inserting ‘‘paragraphs’’; and 

3 (C) in subsection (f), by striking ‘‘clauses’’ 

4 and inserting ‘‘paragraphs’’. 

5 (26) Section 9343 is amended by striking 

6 ‘‘clauses’’ and inserting ‘‘paragraphs’’. 

7 (27) Section 10217(c)(3) is amended by striking 

8 ‘‘consider’’ and inserting ‘‘considered’’. 

9 (h) REPEAL OF EXPIRED PROVISIONS.—Title 10, 

10 United States Code, is amended as follows: 

11 (1) Section 1108 is amended— 

12 (A) by striking subsections (j) and (k); and 

13 (B) by redesignating subsection (l) as sub14 section (j). 

15 (2) Section 2325 is amended by striking sub16 section (b) and redesignating subsection (c) as sub17 section (b). 

18 (3) Section 2349a is repealed, and the table of 

19 sections at the beginning of subchapter I of chapter 

20 138 is amended by striking the item relating to that 

21 section. 

22 (4) Section 2374b is repealed, and the table of 

23 sections at the beginning of chapter 139 is amended 

24 by striking the item relating to that section. 

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1 (i) AMENDMENTS TO TITLE 37.— Title 37, United 

2 States Code, is amended as follows: 

3 (1) Section 310(c)(1) is amended by striking 

4 ‘‘section for for’’ and inserting ‘‘section for’’. 

5 (2) Section 431, as transferred to chapter 9 of 

6 such title by section 631(d)(2) of the National Defense 

7 Authorization Act for Fiscal Year 2012 (Public Law 

8 112–81; 125 Stat. 1460), is redesignated as section 

9 491. 

10 (j) AMENDMENTS TO TITLE 41.— Title 41, United 

11 States Code, is amended as follows: 

12 (1) Section 1122(a)(5) is amended by striking 

13 the period at the end and inserting a semicolon. 

14 (2) Section 1703(i)(6) is amended by striking 

15 ‘‘Procurememt’’ and inserting ‘‘Procurement’’. 

16 (k) AMENDMENT TO TITLE 46.— Subsection (a) of sec17 tion 51301 of title 46, United States Code, is amended in 

18 the heading by striking ‘‘IN GENERAL’’ and inserting ‘‘IN

19 GENERAL’’. 

20 (l) DUPLICATIVE PROVISION IN ARMED FORCES RE21 TIREMENT HOME ACT OF 1991.— Section 1511(d) of the 

22 Armed Forces Retirement Home Act of 1991 (24 U.S.C. 

23 411(d)) is amended by striking the first paragraph (3), 

24 leaving the second paragraph (3) added by section 561 of 

25 Public Law 112–81 (125 Stat. 1420). 

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1 (m) CROSS REFERENCES AND DATE OF ENACTMENT

2 REFERENCES IN REINSTATEMENT OF TEMPORARY EARLY

3 RETIREMENT AUTHORITY.— Section 4403 of the National 

4 Defense Authorization Act for Fiscal Year 1993 (Public 

5 Law 102–484; 10 U.S.C. 1293 note), as amended by section 

6 504(b) of the National Defense Authorization Act for Fiscal 

7 Year 2012 (Public Law 112–81; 125 Stat. 1391), is amend8 ed— 

9 (1) in subsection (c)(2)— 

10 (A) in subparagraph (A), by striking ‘‘1995 

11 (’’ and inserting ‘‘1995 (Public Law 103–337;’’; 

12 and 

13 (B) in subparagraph (B), by striking 

14 ‘‘1995’’ and inserting ‘‘1996’’; 

15 (2) in subsection (h), by striking ‘‘the date of the 

16 enactment of the National Defense Authorization Act 

17 for Fiscal Year 2012’’ and inserting ‘‘December 31, 

18 2011,’’; and 

19 (3) in subsection (i)(2), by striking ‘‘the date of 

20 the enactment of the National Defense Authorization 

21 Act for Fiscal Year 2012’’ and inserting ‘‘December 

22 31, 2011,’’. 

23 (n) COORDINATION WITH OTHER AMENDMENTS MADE

24 BY THIS ACT.—For purposes of applying amendments 

25 made by provisions of this Act other than this section, the 

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1 amendments made by this section shall be treated as having 

2 been enacted immediately before any amendment made by 

3 other provisions of this Act. 

4 TITLE XI—CIVILIAN PERSONNEL 

5 MATTERS 

6 Subtitle A—General Provisions 

7 SEC. 1101. EXPANSION OF PERSONNEL MANAGEMENT AU8 THORITY UNDER EXPERIMENTAL PROGRAM 

9 WITH RESPECT TO CERTAIN SCIENTIFIC AND 

10 TECHNICAL POSITIONS. 

11 Subparagraph (A) of section 1101(b)(1) of the Strom 

12 Thurmond National Defense Authorization Act for Fiscal 

13 Year 1999 (5 U.S.C. 3104 note), as most recently amended 

14 by section 1110 of the National Defense Authorization Act 

15 for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 1615), 

16 is further amended by striking ‘‘40’’ and inserting ‘‘60’’. 

17 SEC. 1102. AUTHORITY TO PAY FOR THE TRANSPORT OF 

18 FAMILY HOUSEHOLD PETS FOR FEDERAL EM19 PLOYEES DURING CERTAIN EVACUATION OP20 ERATIONS. 

21 Section 5725 of title 5, United States Code, is amend22 ed— 

23 (1) in subsection (a), in the matter following 

24 paragraph (2), by striking ‘‘and personal effects,’’ 

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1 and inserting ‘‘, personal effects, and family house2 hold pets,’’; and 

3 (2) by adding at the end the following: 

4 ‘‘(c)(1) The expenses authorized under subsection (a) 

5 shall, with respect to the transport of family household pets, 

6 include the expenses for the shipment of and the payment 

7 of any quarantine costs for such pets. 

8 ‘‘(2) Any payment or reimbursement under this sec9 tion in connection with the transport of family household 

10 pets shall be subject to terms and conditions which— 

11 ‘‘(A) the head of the agency shall by regulation 

12 prescribe; and 

13 ‘‘(B) shall, to the extent practicable, be the same 

14 as would apply under regulations prescribed under 

15 section 476(b)(1)(H)(iii) of title 37 in connection 

16 with the transport of family household pets of mem17 bers of the uniformed services, including regulations 

18 relating to the types, size, and number of pets for 

19 which such payment or reimbursement may be pro20 vided.’’. 

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1 SEC. 1103. EXTENSION OF AUTHORITY TO FILL SHORTAGE 

2 CATEGORY POSITIONS FOR CERTAIN FED3 ERAL ACQUISITION POSITIONS FOR CIVILIAN 

4 AGENCIES. 

5 Section 1703(j) of title 41, United States Code, is 

6 amended— 

7 (1) in paragraph (1)— 

8 (A) by striking ‘‘sections 3304, 5333, and 

9 5753’’ and inserting ‘‘section 3304’’; and 

10 (B) by striking ‘‘use the authorities in those 

11 sections to recruit and’’; and 

12 (2) in paragraph (2), by striking ‘‘September 30, 

13 2012’’ and inserting ‘‘September 30, 2017’’. 

14 SEC. 1104. ONE-YEAR EXTENSION OF AUTHORITY TO WAIVE 

15 ANNUAL LIMITATION ON PREMIUM PAY AND 

16 AGGREGATE LIMITATION ON PAY FOR FED17 ERAL CIVILIAN EMPLOYEES WORKING OVER18 SEAS. 

19 SEC. 1105. POLICY ON SENIOR MENTORS. 

20 (a) IN GENERAL.—The Secretary of Defense shall pro21 vide written notice to the congressional defense committees 

22 at least 60 days before implementing any change in the pol23 icy regarding senior mentors issued on or about April 1, 

24 2010. 

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1 (b) APPLICABILITY.—Changes implemented before the 

2 date of the enactment of this Act shall not be affected by 

3 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 mean11 ing given the term ‘‘Executive agency’’ under section 

12 105 of title 5, United States Code. 

13 (2) COMMITTEE.—The term ‘‘Committee’’ means 

14 the Committee on National Security Personnel estab15 lished under subsection (c)(1). 

16 (3) COVERED AGENCY.—The term ‘‘covered agen17 cy’’ means an agency that is part of an ICI. 

18 (4) ICI.—The term ‘‘ICI’’ means a National Se19 curity Interagency Community of Interest identified 

20 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 the 

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1 covered agency that has significant re2 sponsibility for the subject area of the 

3 ICI in which the position is located 

4 and for activities that involve more 

5 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 a 

10 position in the Foreign Service) at or 

11 above GS–11 of the General Schedule 

12 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 ‘‘in25 telligence community’’ has the meaning given under 

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1 section 3(4) of the National Security Act of 1947 (50 

2 U.S.C. 401a(4)). 

3 (7) INTERAGENCY BODY.—The term ‘‘interagency 

4 body’’ means an entity or component identified under 

5 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 be20 fore 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 COMMU24 NITY OF INTEREST.—The term ‘‘National Security 

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1 tions 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 Gov5 ernment; and 

6 (B) have significant responsibility for the 

7 same substantive, functional, or regional subject 

8 area related to national security or homeland se9 curity that requires integration of the positions 

10 and activities in that area across multiple agen11 cies to ensure that the executive branch of the 

12 Government operates as a single, cohesive enter13 prise to maximize mission success and minimize 

14 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 

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1 or policy-determining character under schedule C 

2 of subpart C of part 213 of title 5 of the Code 

3 of Federal Regulations. 

4 (11) SENIOR POSITION.—The term ‘‘senior posi5 tion’’ 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 para19 graphs (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.— 

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1 (1) ESTABLISHMENT.—There is established the 

2 Committee on National Security Personnel within the 

3 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 of 

10 Management and Budget shall be the Chairperson of 

11 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 vali16 date the actions taken by the heads of covered 

17 agencies to implement the directives issued and 

18 meet the standards established under subpara19 graph (B). 

20 (B) DIRECTIVES AND STANDARDS.— 

21 (i) IN GENERAL.—In consultation with 

22 the Director of the Office of Personnel Man23 agement and the Assistant to the President 

24 for National Security Affairs, the Director 

25 of the Office of Management and Budget 

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1 shall issue directives and establish stand2 ards relating to the implementation of this 

3 subtitle. 

4 (ii) USE BY COVERED AGENCIES.—The 

5 head of each covered agency shall carry out 

6 the responsibilities under this subtitle in ac7 cordance with the directives issued and 

8 standards established by the Director of the 

9 Office of Management and Budget. 

10 (5) SUPPORT AND IMPLEMENTATION.— 

11 (A) BOARD.—There is established to assist 

12 the Committee a board, the members of which 

13 shall be appointed— 

14 (i) in accordance with subparagraph 

15 (B); and 

16 (ii) from among individuals holding 

17 an office or position in level III of the Exec18 utive Schedule. 

19 (B) APPOINTMENTS.—Members of the board 

20 shall be appointed as follows: 

21 (i) One by the Secretary of State. 

22 (ii) One by the Secretary of Defense. 

23 (iii) One by the Secretary of Homeland 

24 Security. 

25 (iv) One by the Attorney General. 

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1 (v) One by the Secretary of the Treas2 ury. 

3 (vi) One by the Secretary of Energy. 

4 (vii) One by the Secretary of Health 

5 and Human Services. 

6 (viii) One by the Secretary of Com7 merce. 

8 (ix) One by the head of any other 

9 agency (or, if more than 1, by each of the 

10 respective heads of any other agencies) de11 termined appropriate by the Committee. 

12 As used in clause (ix), the term ‘‘agency’’ does 

13 not include any element of the intelligence com14 munity. 

15 (C) CHIEF HUMAN CAPITAL OFFICERS

16 COUNCIL.—The Chief Human Capital Officers 

17 Council shall provide advice to the Committee re18 garding technical human capital issues. 

19 (D) COVERED AGENCY OFFICIALS.— 

20 (i) IN GENERAL.—The head of each 

21 covered agency shall designate an officer 

22 and office within that covered agency with 

23 responsibility for the implementation of this 

24 subtitle. 

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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 13434 for the 

6 covered agency on the date of enactment of 

7 this Act, the head of the covered agency 

8 shall designate the officer or office as the of9 ficer or office within the covered agency 

10 with responsibility for the implementation 

11 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 employee 

17 so hired shall be selected from among indi18 viduals serving in the Office of Management 

19 and Budget, the Office of Personnel Man20 agement, or any other agency. 

21 (ii) FUNDING.— 

22 (I) AUTHORIZATION OF APPRO23 PRIATIONS.—There are authorized to 

24 be appropriated for each of fiscal years 

25 2013 through 2017 to carry out clause 

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1 (i) an amount equal to the amount ex2 pended for salaries and expenses of the 

3 National Security Professional Devel4 opment Integration Office during fiscal 

5 year 2012. 

6 (II) OFFSET.— 

7 (aa) IN GENERAL.—Except 

8 as provided in subparagraph 

9 (D)(ii), effective on the date of en10 actment of this Act, the National 

11 Security Professional Develop12 ment Integration Office of the De13 partment of Defense is terminated 

14 and, on and after the date of en15 actment of this Act, the Secretary 

16 of Defense may not establish a 

17 comparable office to implement 

18 Executive Order 13434 or to de19 sign, administer, or report on the 

20 creation of a national security 

21 professional development system, 

22 cadre of national security profes23 sionals, or any personnel rota24 tions, education, or training for 

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1 agency activities or who are na2 tional security professionals who 

3 are not employed by the Depart4 ment of Defense. Nothing in this 

5 item shall be construed to prohibit 

6 the Secretary of Defense from es7 tablishing or designating an office 

8 to administer interagency rota9 tions by, or the interagency ac10 tivities of, employees of the De11 partment of Defense. 

12 (bb) TRANSFER OF FUNC13 TIONS.—Effective on the date of 

14 enactment of this Act, there are 

15 transferred to the Office of Man16 agement and Budget or the Office 

17 of Personnel Management, as de18 termined appropriate by the Com19 mittee, the functions of the Na20 tional Security Professional De21 velopment Integration Office of 

22 the Department of Defense. 

23 (cc) FUNDS.—Effective on 

24 the date of enactment of this Act, 

25 all unobligated balances made 

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1 available for the activities of the 

2 National Security Professional 

3 Development Integration Office of 

4 the Department of Defense are re5 scinded. 

6 (d) NATIONAL SECURITY INTERAGENCY COMMUNITIES

7 OF INTEREST.— 

8 (1) IDENTIFICATION OF ICIS.—Subject to sub9 section (g), the Committee— 

10 (A) shall identify ICIs on an ongoing basis 

11 for purposes of carrying out this subtitle; and 

12 (B) may alter or discontinue an ICI identi13 fied under subparagraph (A). 

14 (2) IDENTIFICATION OF ICI POSITIONS.—The 

15 head of each covered agency shall identify ICI posi16 tions within the covered agency. 

17 (3) INTERAGENCY BODIES.— 

18 (A) IDENTIFICATION.— 

19 (i) IN GENERAL.—The Committee shall 

20 identify— 

21 (I) entities in the executive branch 

22 of the Government that are primarily 

23 involved in interagency activities relat24 ing to national security or homeland 

25 security; and 

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1 (II) components of agencies that 

2 are primarily involved in interagency 

3 activities relating to national security 

4 or homeland security and have a mis5 sion distinct from the agency within 

6 which the component is located. 

7 (ii) CERTAIN BODIES.— 

8 (I) IN GENERAL.—The Committee 

9 shall identify the National Security 

10 Council as an interagency body under 

11 this subparagraph. 

12 (II) FBI ROTATIONS.—Joint Ter13 rorism Task Forces shall not be consid14 ered interagency bodies for purposes of 

15 service by employees of the Federal Bu16 reau of Investigation. 

17 (iii) DUTIES OF HEAD OF COVERED

18 AGENCY.—The Committee shall designate 

19 the Federal officer who shall perform the 

20 duties of the head of a covered agency relat21 ing to ICI positions within an interagency 

22 body. 

23 (B) POSITIONS IN INTERAGENCY BODIES.— 

24 The officials designated under subparagraph 

25 (A)(iii) shall identify— 

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1 (i) positions within their respective 

2 interagency bodies that are ICI positions; 

3 and 

4 (ii) positions within their respective 

5 interagency bodies— 

6 (I) that are not a position de7 scribed under subsection (b)(10)(A) or 

8 (C) or a position filled by an employee 

9 described under subsection (b)(10)(B); 

10 and 

11 (II) for which service in the posi12 tion shall constitute interagency rota13 tional service. 

14 (e) INTERAGENCY COMMUNITY OF INTEREST ROTA15 TIONAL SERVICE.— 

16 (1) EXCLUSION OF SENIOR POSITIONS.—For 

17 purposes of this subsection, the term ‘‘ICI position’’ 

18 does not include a senior position. 

19 (2) ROTATIONS.— 

20 (A) IN GENERAL.—The Committee shall 

21 provide for employees serving in an ICI position 

22 to be assigned on a rotational basis to another 

23 ICI position that is— 

24 (i) within another covered agency or 

25 within an interagency body; and 

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1 (ii) within the same ICI. 

2 (B) EXCEPTION.—An employee may be as3 signed to an ICI position in another covered 

4 agency or in an interagency body that is not in 

5 the ICI applicable to an ICI position in which 

6 the employee serves or has served if— 

7 (i) the employee has particular non8 governmental or other expertise or skills 

9 that are relevant to the assigned ICI posi10 tion; and 

11 (ii) the head of the covered agency em12 ploying the employee, the head of the cov13 ered agency to which the assignment is 

14 made, and the Committee approve the as15 signment. 

16 (C) NONREIMBURSABLE BASIS.—Service by 

17 an employee in an ICI position in another cov18 ered agency or in an interagency body that is 

19 not within the agency employing the employee 

20 shall be performed without reimbursement. 

21 (D) RETURN TO PRIOR POSITION.—Except 

22 as otherwise provided by the Committee, an em23 ployee performing service in an ICI position in 

24 another covered agency or interagency body or in 

25 a position designated under subsection 

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1 (d)(3)(B)(ii) shall be entitled to return, within a 

2 reasonable period of time after the end of the pe3 riod of service, to the position held by the em4 ployee, or a corresponding or higher position (or, 

5 in the case of an employee in the Foreign Serv6 ice, as defined in section 102(11) of the Foreign 

7 Service Act of 1980 (22 U.S.C. 3902(11)), a po8 sition in the same or a higher personnel cat9 egory), in the covered agency employing the em10 ployee. 

11 (3) SELECTION OF ICI POSITIONS OPEN FOR RO12 TATIONAL SERVICE.— 

13 (A) IN GENERAL.—The head of each covered 

14 agency shall determine which ICI positions in 

15 the covered agency shall be available for service 

16 by employees from another covered agency and 

17 may modify a determination under this sub18 paragraph. 

19 (B) LIST.—The Committee shall maintain 

20 a single, integrated list of ICI positions and of 

21 positions available for service by employees from 

22 another covered agency under this subsection and 

23 shall make the list available to Federal employees 

24 on an ongoing basis in order to facilitate appli25 cations for the positions and long-term career 

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1 planning by employees of the executive branch of 

2 the Government, except to the extent that the 

3 Committee determines that the identity of cer4 tain positions should not be distributed in order 

5 to protect national security or homeland secu6 rity. 

7 (4) MINIMUM PERIOD OF SERVICE.—With respect 

8 to the period of service in an ICI position in another 

9 covered agency or interagency body, the Committee— 

10 (A) shall, notwithstanding any other provi11 sion of law, ensure that the period of service is 

12 sufficient to gain an adequately detailed under13 standing and perspective of the covered agency or 

14 interagency body at which the employee is as15 signed; 

16 (B) may provide for different periods of 

17 service, depending upon the nature of the posi18 tion, including whether the position is in an 

19 area that is a combat zone for purposes of section 

20 112 of the Internal Revenue Code of 1986; and 

21 (C) shall require that an employee per22 forming service in an ICI position in another 

23 covered agency or interagency body is informed 

24 of the period of service for the position before be25 ginning such service. 

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1 (5) VOLUNTARY NATURE OF ROTATIONAL SERV2 ICE.— 

3 (A) IN GENERAL.—Except as provided in 

4 subparagraph (B), service in an ICI position in 

5 another covered agency or interagency body shall 

6 be voluntary on the part of the employee. 

7 (B) AUTHORITY TO ASSIGN INVOLUN8 TARILY.—If the head of a covered agency has the 

9 authority under another provision of law to as10 sign an employee involuntarily to a position and 

11 the employee is serving in an ICI position, the 

12 head of the covered agency may assign the em13 ployee involuntarily to serve in an ICI position 

14 in another covered agency or interagency body. 

15 (6) TRAINING AND EDUCATION OF PERSONNEL

16 PERFORMING INTERAGENCY ROTATIONAL SERVICE.— 

17 Each employee performing interagency rotational 

18 service shall participate in the training and edu19 cation, if any, that is regularly provided to new em20 ployees by the covered agency or interagency body in 

21 which the employee is serving in order to learn how 

22 the covered agency or interagency body functions. 

23 (7) PREVENTION OF NEED FOR INCREASED PER24 SONNEL LEVELS.—The Committee shall ensure that 

25 employees are rotated across covered agencies and 

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1 interagency bodies within an ICI in a manner that 

2 ensures that, for the original ICI positions of all em3 ployees performing service in an ICI position in an4 other covered agency or interagency body— 

5 (A) employees from another covered agency 

6 or interagency body who are performing service 

7 in an ICI position in another covered agency or 

8 interagency body, or other available employees, 

9 begin service in such original positions within a 

10 reasonable period, at no additional cost to the 

11 covered agency or the interagency body in which 

12 such original positions are located; or 

13 (B) other employees do not need to serve in 

14 the positions in order to maintain the effective15 ness of or to prevent any costs being accrued by 

16 the covered agency or interagency body in which 

17 such original positions are located. 

18 (8) OPEN AND FAIR COMPETITION.—Each cov19 ered agency or interagency body that has an ICI posi20 tion available for service by an employee from an21 other covered agency shall coordinate with the Office 

22 of Personnel Management to ensure that employees of 

23 covered agencies selected to perform interagency rota24 tional service shall be selected in a fully open and 

25 competitive manner that is consistent with the merit 

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1 system principles set forth in paragraphs (1) and (2) 

2 of section 2301(b) of title 5, United States Code, un3 less the ICI position is otherwise exempt under an4 other provision of law. 

5 (9) PERSONNEL LAW MATTERS.— 

6 (A) NATIONAL SECURITY EXCLUSION.—The 

7 identification of a position as available for serv8 ice by an employee of another covered agency or 

9 as being within an ICI shall not be a basis for 

10 an order under section 7103(b) of title 5, United 

11 States Code, excluding the covered agency, or a 

12 subdivision thereof, in which the position is lo13 cated from the applicability of chapter 71 of such 

14 title. 

15 (B) ON ROTATION.—An employee per16 forming interagency rotational service shall have 

17 all the rights that would be available to the em18 ployee if the employee were detailed or assigned 

19 under a provision of law other than this subtitle 

20 from the agency employing the employee to the 

21 agency in which the ICI position in which the 

22 employee is serving is located. 

23 (10) CONSULTATION.—The Committee shall con24 sult with relevant associations, unions, and other 

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1 aging public service, organizational reform of the 

2 Government, or interagency activities (such as the Si3 mons Center for the Study of Interagency Cooperation 

4 of the Command and General Staff College Founda5 tion) in formulating and implementing policies under 

6 this subtitle. 

7 (11) OFFICERS OF THE ARMED FORCES.—The 

8 policies, procedures, and practices for the manage9 ment of officers of the Armed Forces may provide for 

10 the assignment of officers of the Armed Forces to ICI 

11 positions or positions designated under subsection 

12 (d)(3)(B)(ii). 

13 (12) PERFORMANCE APPRAISALS.—The Com14 mittee shall— 

15 (A) ensure that an employee receives per16 formance evaluations that are based primarily 

17 on the contribution of the employee to the work 

18 of the covered agency in which the employee is 

19 performing service in an ICI position in another 

20 covered agency or interagency body and the func21 tioning of the applicable ICI; and 

22 (B) require that— 

23 (i) officials at the covered agency em24 ploying the employee conduct the evalua25 tions based on input from the supervisors of 

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1 the employee during service in an ICI posi2 tion in another covered agency or inter3 agency body; and 

4 (ii) the evaluations shall be provided 

5 the same weight in the receipt of promotions 

6 and other rewards by the employee from the 

7 covered agency employing the employee as 

8 performance evaluations receive for other 

9 employees of the covered agency. 

10 (f) SELECTION OF SENIOR POSITIONS IN AN INTER11 AGENCY COMMUNITY OF INTEREST.— 

12 (1) SELECTION OF INDIVIDUALS TO FILL SENIOR

13 POSITIONS WITHIN AN ICI.—In selecting individuals 

14 to fill senior positions within an ICI, the head of a 

15 covered agency shall ensure that a strong preference 

16 is given to personnel who have performed interagency 

17 rotational service. 

18 (2) ESTABLISHMENT BY HEADS OF COVERED

19 AGENCIES OF MINIMUM THRESHOLDS.— 

20 (A) IN GENERAL.—On October 1 of the 2nd 

21 fiscal year after the fiscal year in which the 

22 Committee identifies an ICI, and October 1 of 

23 each fiscal year thereafter, the head of each cov24 ered agency within which 1 or more positions 

25 within that ICI are located shall establish the 

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1 minimum number of that agency’s senior posi2 tions that are within that ICI that shall be filled 

3 by personnel who have performed interagency ro4 tational service. 

5 (B) REPORTING REQUIREMENTS.— 

6 (i) MINIMUM NUMBER OF POSITIONS.— 

7 Not later than 30 days after the date on 

8 which all heads of covered agencies have es9 tablished the minimum number required 

10 under subparagraph (A) for a fiscal year, 

11 the Committee shall submit to Congress a 

12 consolidated list of the minimum numbers 

13 of senior positions that shall be filled by 

14 personnel who have performed interagency 

15 rotational service. 

16 (ii) FAILURE TO MEET MINIMUM NUM17 BER.—Not later than 30 days after the end 

18 of any fiscal year in which a covered agen19 cy fails to meet the minimum number of 

20 senior positions to be filled by individuals 

21 who have performed interagency rotational 

22 service established by the head of the covered 

23 agency under subparagraph (A), the head of 

24 the covered agency shall submit to the Com25 mittee and Congress a report identifying the 

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1 failure and indicating what actions the 

2 head of the covered agency has taken or 

3 plans to take in response to the failure. 

4 (3) OTHER ROTATIONAL REQUIREMENTS.— 

5 (A) CREDIT FOR SERVICE IN ANOTHER COM6 PONENT WITHIN AN AGENCY.—Service performed 

7 during the first 3 fiscal years after the fiscal 

8 year in which an ICI is identified by the Com9 mittee by an employee in a rotation to an ICI 

10 position in another component of the covered 

11 agency that employs the employee that is identi12 fied under subparagraph (B) shall constitute 

13 interagency rotational service for purposes of 

14 this section. 

15 (B) IDENTIFICATION OF COMPONENTS.— 

16 Subject to approval by the Committee, the head 

17 of a covered agency may identify the components 

18 of the covered agency that are sufficiently inde19 pendent in functionality for service in a rotation 

20 in the component to qualify as service in another 

21 component of the covered agency for purposes of 

22 subparagraph (A). 

23 (g) IMPLEMENTATION.— 

24 (1) ICIS AND ICI POSITIONS.— 

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1 (A) IN GENERAL.—During each of the first 

2 4 fiscal years after the fiscal year in which this 

3 Act is enacted— 

4 (i) there shall be 2 ICIs, which shall be 

5 an ICI for emergency management and an 

6 ICI for stabilization and reconstruction; 

7 and 

8 (ii) not less than 20 employees and not 

9 more than 25 employees in the executive 

10 branch of the Government shall perform 

11 service in an ICI position in another cov12 ered agency or in an interagency body that 

13 is not within the agency employing the em14 ployee under this subtitle. 

15 (B) LOCATION.— 

16 (i) IN GENERAL.—The Committee shall 

17 designate a metropolitan area in which the 

18 ICI for emergency management will be lo19 cated and a metropolitan area in which the 

20 ICI for stabilization and reconstruction will 

21 be located. 

22 (ii) SERVICE.—During the first 4 fis23 cal years after the fiscal year in which this 

24 Act is enacted, any service in an ICI posi25 tion in another covered agency or in an 

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1 interagency body that is not within the 

2 agency employing the employee shall be per3 formed— 

4 (I) by an employee who is located 

5 in a metropolitan area for the ICI des6 ignated under clause (i) before begin7 ning service in the ICI position; and 

8 (II) at a location in a metropoli9 tan area for the ICI designated under 

10 clause (i). 

11 (2) PRIORITY FOR DETAILS.—During the first 4 

12 fiscal years after the fiscal year in which this Act is 

13 enacted, a covered agency shall give priority in using 

14 amounts available to the covered agency for details to 

15 assigning employees on a rotational basis under this 

16 subtitle. 

17 (h) STRATEGY AND PERFORMANCE EVALUATION.— 

18 (1) ISSUING OF STRATEGY.— 

19 (A) IN GENERAL.—Not later than October 1 

20 of the 3rd fiscal year after the fiscal year in 

21 which this Act is enacted, and every 4 fiscal 

22 years thereafter through the 11th fiscal year after 

23 the fiscal year in which this Act is enacted, the 

24 Committee shall issue a National Security 

25 Human Capital Strategy to develop the national 

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1 security and homeland security personnel nec2 essary for accomplishing national security and 

3 homeland security objectives that require integra4 tion of personnel and activities from multiple 

5 agencies of the executive branch of the Govern6 ment. 

7 (B) CONSULTATIONS WITH CONGRESS.—In 

8 developing or making adjustments to the Na9 tional Security Human Capital Strategy issued 

10 under subparagraph (A), the Committee— 

11 (i) shall consult at least annually with 

12 Congress, including majority and minority 

13 views from all appropriate authorizing, ap14 propriations, and oversight committees; and 

15 (ii) as the Committee determines ap16 propriate, shall solicit and consider the 

17 views and suggestions of entities potentially 

18 affected by or interested in the strategy. 

19 (C) CONTENTS OF STRATEGY.—Each Na20 tional Security Human Capital Strategy issued 

21 under subparagraph (A) shall— 

22 (i) provide for the implementation of 

23 this subtitle; 

24 (ii) identify best practices from ICIs 

25 already in operation; 

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1 (iii) identify any additional ICIs to be 

2 identified by the Committee; 

3 (iv) include a schedule for the issuance 

4 of directives and establishment of standards 

5 relating to the requirements under this sub6 title by the Committee; 

7 (v) include a description of how the 

8 strategy incorporates views and suggestions 

9 obtained through the consultations with 

10 Congress required under subparagraph (B); 

11 (vi) include an assessment of perform12 ance measures over a multi-year period, 

13 such as— 

14 (I) the percentage of ICI positions 

15 available for service by employees from 

16 another covered agency for which such 

17 employees performed such service; 

18 (II) the number of personnel par19 ticipating in interagency rotational 

20 service in each covered agency and 

21 interagency body; 

22 (III) the length of interagency ro23 tational service under this subtitle; 

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1 (IV) reports by the heads of cov2 ered agencies submitted under sub3 section (f)(2)(B)(ii); 

4 (V) the training and education of 

5 personnel who perform interagency ro6 tational service, and the evaluation by 

7 the Committee of the training and edu8 cation; 

9 (VI) the positions (including 

10 grade level) held by employees who per11 form interagency rotational service 

12 during the period beginning on the 

13 date on which the interagency rota14 tional service terminates and ending 

15 on the date of the assessment; and 

16 (VII) to the extent possible, the 

17 evaluation of the Committee of the util18 ity of interagency rotational service in 

19 improving interagency integration. 

20 (2) REPORTS.—Not later than October 1 of the 

21 2nd fiscal year after a fiscal year in which the Com22 mittee issues a National Security Human Capital 

23 Strategy under paragraph (1), the Committee shall 

24 assess the performance measures described in para25 graph (1)(C)(vi). 

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1 (3) SUBMISSION TO CONGRESS.—Not later than 

2 30 days after the date on which the Committee issues 

3 a National Security Human Capital Strategy under 

4 paragraph (1) or assesses performance measures 

5 under paragraph (2), the Committee shall submit the 

6 strategy or assessment to Congress. 

7 (i) GAO STUDY OF INTERAGENCY ROTATIONAL SERV8 ICE.—Not later than the end of the 2nd fiscal year after 

9 the fiscal year in which this Act is enacted, the Comptroller 

10 General of the United States shall submit to Congress a re11 port regarding— 

12 (1) the extent to which performing service in an 

13 ICI position in another covered agency or an inter14 agency body under this subtitle enabled the employees 

15 performing the service to gain an adequately detailed 

16 understanding of and perspective on the covered agen17 cy or interagency body, including an assessment of 

18 the effect of— 

19 (A) the period of service; and 

20 (B) the duties performed by the employees 

21 during the service; 

22 (2) the effectiveness of the Committee and the 

23 staff of the Committee funded under subsection 

24 (c)(5)(E)(ii) in overseeing and managing interagency 

25 rotational service under this subtitle, including an 

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1 evaluation of any directives or standards issued by 

2 the Committee; 

3 (3) the participation of covered agencies in inter4 agency rotational service under this subtitle, includ5 ing whether each covered agency that performs a mis6 sion relating to an ICI in effect— 

7 (A) identified positions within the covered 

8 agency as ICI positions; 

9 (B) had 1 or more employees from another 

10 covered agency perform service in an ICI posi11 tion in the covered agency; or 

12 (C) had 1 or more employees of the covered 

13 agency perform service in an ICI position in an14 other covered agency; 

15 (4) the positions (including grade level) held by 

16 employees after completing interagency rotational 

17 service under this subtitle, and the extent to which the 

18 employees were rewarded for the service; and 

19 (5) the extent to which or likelihood that inter20 agency rotational service under this subtitle has im21 proved or is expected to improve interagency integra22 tion. 

23 (j) PROHIBITION OF PRINTED REPORTS.—Each strat24 egy, plan, report, or other submission required under this 

25 subtitle— 

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1 (1) shall be made available by the agency issuing 

2 the strategy, plan, report, or other submission only in 

3 electronic form; and 

4 (2) shall not be made available by the agency in 

5 printed form. 

6 (k) EXCLUSION.—This subtitle shall not apply to any 

7 element of the intelligence community. 

8 TITLE XII—MATTERS RELATING 

9 TO FOREIGN NATIONS 

10 Subtitle A—Assistance and 

11 Training 

12 SEC. 1201. COMMANDERS’ EMERGENCY RESPONSE PRO13 GRAM IN AFGHANISTAN. 

14 (a) AUTHORITY FOR FISCAL YEAR 2013.—Subsection 

15 (a) of section 1201 of the National Defense Authorization 

16 Act for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 

17 1619) is amended— 

18 (1) in the heading, by striking ‘‘FISCAL YEAR

19 2012’’ and inserting ‘‘FISCAL YEAR 2013’’; and 

20 (2) by striking ‘‘fiscal year 2012’’ and inserting 

21 ‘‘fiscal year 2013’’. 

22 (b) QUARTERLY REPORTS.—Subsection (b)(1) of such 

23 section is amended by striking ‘‘fiscal year 2012’’ and in24 serting ‘‘fiscal year 2013’’. 

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1 (c) EXTENSION OF AUTHORITY TO ACCEPT CONTRIBU2 TIONS.—Subsection (f) of such section is amended by strik3 ing ‘‘in fiscal year 2012’’ and inserting ‘‘during any period 

4 during which the authority of subsection (a) is in effect’’. 

5 SEC. 1202. MODIFICATION OF AUTHORITIES RELATING TO 

6 PROGRAM TO BUILD THE CAPACITY OF FOR7 EIGN MILITARY FORCES. 

8 (a) AUTHORIZED ELEMENTS.—Section 1206(b)(1) of 

9 the National Defense Authorization Act for Fiscal Year 

10 2006 (Public Law 109–163; 119 Stat. 3457), as amended 

11 by the John Warner National Defense Authorization Act for 

12 Fiscal Year 2007 (Public Law 109–364; 120 Stat. 2418), 

13 is further amended by striking ‘‘equipment, supplies and 

14 training’’ and inserting ‘‘equipment, supplies, training, 

15 and small-scale military construction activities’’. 

16 (b) USE OF FUNDS FOR FISCAL YEAR 2013.—Sub17 section (c) of such section, as most recently amended by sec18 tion 1204(a) of the National Defense Authorization Act for 

19 Fiscal Year 2012 (Public Law 112–81; 125 Stat. 1621), is 

20 further amended by adding at the end the following: 

21 ‘‘(6) USE OF FUNDS FOR FISCAL YEAR 2013.— 

22 ‘‘(A) LIMITATION ON SMALL-SCALE MILI23 TARY CONSTRUCTION ACTIVITIES.—Of amounts 

24 available under this subsection for the authority 

25 in subsection (a) for fiscal year 2013— 

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1 ‘‘(i) not more than $750,000 may be 

2 obligated or expended for small-scale mili3 tary construction activities (as described in 

4 subsection (b)(1)) under a program author5 ized under subsection (a); and 

6 ‘‘(ii) not more than $25,000,000 may 

7 be obligated or expended for small-scale 

8 military construction activities (as de9 scribed in subsection (b)(1)) under all pro10 grams authorized under subsection (a). 

11 ‘‘(B) AVAILABILITY OF FUNDS FOR PRO12 GRAMS DURING FISCAL YEAR 2014.— 

13 ‘‘(i) IN GENERAL.—Subject to clause 

14 (ii), not more than 20 percent of amounts 

15 available under this subsection for the au16 thority in subsection (a) for fiscal year 

17 2013 may be obligated and expended to con18 duct or support a program authorized 

19 under subsection (a) during fiscal year 

20 2014. 

21 ‘‘(ii) NOTIFICATION.—Whenever the 

22 Secretary of Defense decides, with the con23 currence of the Secretary of State, to con24 duct or support a program authorized 

25 under subsection (a) during fiscal year 

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1 2014 using amounts described in clause (i), 

2 the Secretary of Defense shall submit to the 

3 congressional committees specified in para4 graph (3) of subsection (e) a notification in 

5 writing of that decision in accordance with 

6 such subsection by not later than September 

7 30, 2013.’’. 

8 SEC. 1203. THREE-YEAR EXTENSION OF AUTHORITY FOR 

9 NON-RECIPROCAL EXCHANGES OF DEFENSE 

10 PERSONNEL BETWEEN THE UNITED STATES 

11 AND FOREIGN COUNTRIES. 

12 Section 1207(f) of the National Defense Authorization 

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

14 2514; 10 U.S.C. 168 note) is amended by striking ‘‘Sep15 tember 30, 2012’’ and inserting ‘‘September 30, 2015’’. 

16 Subtitle B—Matters Relating to 

17 Iraq, Afghanistan, and Pakistan 

18 SEC. 1211. ONE-YEAR EXTENSION OF AUTHORITY FOR REIM19 BURSEMENT OF CERTAIN COALITION NA20 TIONS FOR SUPPORT PROVIDED TO UNITED 

21 STATES MILITARY OPERATIONS. 

22 (a) EXTENSION.—Subsection (a) of section 1233 of the 

23 National Defense Authorization Act for Fiscal Year 2008 

24 (Public Law 110–181; 122 Stat. 393), as most recently 

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1 tion Act for Fiscal Year 2012 (Public Law 112–81; 125 

2 Stat. 1630), is further amended— 

3 (1) by striking ‘‘fiscal year 2012’’ and inserting 

4 ‘‘fiscal year 2013’’; and 

5 (2) by striking ‘‘Operation Iraqi Freedom or’’. 

6 (b) LIMITATION ON AMOUNT AVAILABLE.—Subsection 

7 (d)(1) of such section, as so amended, is further amended— 

8 (1) by striking ‘‘fiscal year 2012’’ and inserting 

9 ‘‘fiscal year 2013’’; 

10 (2) by striking ‘‘$1,690,000,000’’ and inserting 

11 ‘‘$1,650,000,000’’; and 

12 (3) by adding at the end the following: ‘‘Of the 

13 aggregate amount specified in the preceding sentence, 

14 the total amount of reimbursements made under sub15 section (a) and support provided under subsection (b) 

16 to Pakistan during fiscal year 2013 may not exceed 

17 $650,000,000.’’. 

18 (c) ADDITIONAL LIMITATION ON REIMBURSEMENT OF

19 THE GOVERNMENT OF PAKISTAN.—Such section, as so 

20 amended, is further amended— 

21 (1) by redesignating subsection (f) as subsection 

22 (g); and 

23 (2) by inserting after subsection (e) the following: 

24 ‘‘(f) ADDITIONAL LIMITATION ON REIMBURSEMENT OF

25 THE GOVERNMENT OF PAKISTAN.—In addition to the other 

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1 requirements of this section, reimbursements authorized by 

2 subsection (a) and the support authorized by subsection (b) 

3 may be made to the Government of Pakistan for support 

4 of United States military operations for fiscal year 2013 

5 only if the Secretary of Defense submits to the congressional 

6 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 asso14 ciated with transit through supply routes in 

15 Pakistan for fiscal year 2011 as compared to fis16 cal year 2013. 

17 ‘‘(2) A certification of the Secretary of Defense 

18 that the Government of Pakistan is committed to— 

19 ‘‘(A) supporting counterterrorism oper20 ations against Al Qaeda, its associated move21 ments, the Haqqani Network, and other domestic 

22 and foreign terrorist organizations; 

23 ‘‘(B) dismantling improvised explosive de24 vice (IED) networks and interdicting precursor 

25 chemicals used in the manufacture of IEDs; 

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1 ‘‘(C) preventing the proliferation of nuclear2 related material and expertise; and 

3 ‘‘(D) issuing visas in a timely manner for 

4 United States Government personnel supporting 

5 counterterrorism efforts and assistance programs 

6 in Pakistan.’’. 

7 SEC. 1212. AUTHORITY TO SUPPORT OPERATIONS AND AC8 TIVITIES OF THE OFFICE OF SECURITY CO9 OPERATION IN IRAQ. 

10 (a) TYPES OF SUPPORT.—Subsection (b) of section 

11 1215 of the National Defense Authorization Act for Fiscal 

12 Year 2012 (Public Law 112–81; 125 Stat. 1631) is amend13 ed— 

14 (1) by striking ‘‘The operations’’ and inserting 

15 the following: 

16 ‘‘(1) IN GENERAL.—The operations’’; and 

17 (2) by adding at the end the following: 

18 ‘‘(2) TRAIN AND ASSIST.—The operations and 

19 activities that may be carried out by the Office of Se20 curity Cooperation in Iraq using funds provided 

21 under subsection (a) may, with the concurrence of the 

22 Secretary of State, include training and assisting 

23 Iraqi Ministry of Defense personnel.’’. 

24 (b) LIMITATION ON AMOUNT.—Subsection (c) of such 

25 section is amended by inserting at the end before the period 

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1 the following: ‘‘and in fiscal year 2013 may not exceed 

2 $508,000,000’’. 

3 (c) SOURCE OF FUNDS.—Subsection (d) of such section 

4 is amended— 

5 (1) by inserting ‘‘or fiscal year 2013’’ after ‘‘fis6 cal year 2012’’; and 

7 (2) by striking ‘‘that fiscal year’’ and inserting 

8 ‘‘fiscal year 2012 or 2013, as the case may be,’’. 

9 (d) REPORT.— 

10 (1) IN GENERAL.—Not later than 180 days after 

11 the date of the enactment of this Act, the Secretary of 

12 Defense, in consultation with the Secretary of State, 

13 shall submit to the appropriate congressional commit14 tees a report on the Office of Security Cooperation in 

15 Iraq. 

16 (2) MATTERS TO BE INCLUDED.—The report 

17 shall include the following: 

18 (A) The plan to consolidate Office sites. 

19 (B) The status of any pending requests for 

20 additional United States military forces for the 

21 Office. 

22 (C) The legal status and legal protections 

23 provided to Office personnel, the operational im24 pact of such status and protections, and the assomstockstill on DSK4VPTVN1PROD with BILLS

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1 ciated constraints on the operational capacity of 

2 such personnel by reason of their legal status. 

3 (D) The operational and functional limita4 tions and authorities of Office personnel. 

5 (E) A description of potential direct threats 

6 to Office personnel and their capacity to provide 

7 adequate force protection to thwart those threats. 

8 (3) FORM.—The report shall be submitted in un9 classified form, but may contain a classified annex if 

10 necessary. 

11 (4) DEFINITION.—In this section, the term ‘‘ap12 propriate congressional committees’’ means— 

13 (A) the congressional defense committees; 

14 and 

15 (B) the Committee on Foreign Relations of 

16 the Senate and the Committee on Foreign Affairs 

17 of the House of Representatives. 

18 SEC. 1213. ONE-YEAR EXTENSION OF AUTHORITY TO USE 

19 FUNDS FOR REINTEGRATION ACTIVITIES IN 

20 AFGHANISTAN. 

21 Section 1216 of the Ike Skelton National Defense Au22 thorization Act for Fiscal Year 2011 (Public Law 111–383; 

23 124 Stat. 4392), as amended by section 1216 of the National 

24 Defense Authorization Act for Fiscal Year 2012 (Public 

25 Law 112–81; 125 Stat. 1632), is further amended— 

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1 (1) in subsection (a)— 

2 (A) by striking ‘‘$50,000,000’’ and inserting 

3 ‘‘$35,000,000’’; and 

4 (B) by striking ‘‘in each of fiscal years 2011 

5 and 2012’’ and inserting ‘‘for fiscal year 2013’’; 

6 and 

7 (2) in subsection (e)— 

8 (A) by striking ‘‘utilize funds’’ and insert9 ing ‘‘obligate funds’’; and 

10 (B) by striking ‘‘December 31, 2012’’ and 

11 inserting ‘‘December 31, 2013’’. 

12 SEC. 1214. PROHIBITION ON USE OF PRIVATE SECURITY 

13 CONTRACTORS AND MEMBERS OF THE AF14 GHAN PUBLIC PROTECTION FORCE TO PRO15 VIDE SECURITY FOR MEMBERS OF THE 

16 ARMED FORCES AND MILITARY INSTALLA17 TIONS AND FACILITIES IN AFGHANISTAN. 

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

19 (1) According to the Department of Defense, as 

20 of February 1, 2012, there had been 42 insider attacks 

21 on coalition forces since 2007 by the Afghan National 

22 Army, Afghan National Police, or Afghan nationals 

23 hired by private security contractors to guard United 

24 States bases and facilities in Afghanistan. 

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1 (2) The Department of Defense data shows that 

2 the trend of insider attacks is increasing. 

3 (3) Members of the Armed Forces of the United 

4 States continue to be garrisoned and housed in facili5 ties and installations in Afghanistan that are guard6 ed by private security contractors and not by United 

7 States or coalition forces. 

8 (4) President Karzai has prohibited the use of 

9 private security contractors in Afghanistan and deter10 mined that beginning in March, 2012, the Afghan 

11 Ministry of Interior will provide Afghan Public Pro12 tection Forces on a reimbursable basis to those desir13 ing to contract for additional security. 

14 (5) The Afghan Ministry of Interior will have 

15 the primary responsibility for screening and vetting 

16 the Afghan nationals who will comprise the Afghan 

17 Public Protection Force. 

18 (6) The current force levels in Afghanistan are 

19 necessary to accomplish the International Security 

20 Assistance Force mission and force protection for 

21 members of the Armed Forces garrisoned and housed 

22 in Afghanistan should not come at the expense of mis23 sion success. 

24 (7) The President of the United States has begun 

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1 ghanistan and has committed to continue this draw2 down through 2014. 

3 (8) The redeployment phase of any military op4 eration brings increasing vulnerabilities to members 

5 of the Armed Forces. 

6 (9) It is the responsibility of the Commander in 

7 Chief to provide for the security for members of the 

8 Armed Forces deployed to Afghanistan and to miti9 gate internal threats to such forces to the greatest ex10 tent possible, while continuing to meet the objectives 

11 of the International Security Assistance Force mis12 sion in Afghanistan, including the training and 

13 equipping of the Afghan National Security Forces in 

14 order that they may provide for their own security. 

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

16 that— 

17 (1) the best security and force protection for 

18 members of the Armed Forces garrisoned and housed 

19 in Afghanistan should be provided; 

20 (2) better security and force protection for mem21 bers of the Armed Forces garrisoned and housed in 

22 Afghanistan can be provided by United States mili23 tary personnel than private security contractors or 

24 members of the Afghan Public Protection Force; 

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1 (3) the President should take action in light of 

2 the increased risk to members of the Armed Forces 

3 during this transitional period in Afghanistan and 

4 the increasing number of insider attacks; and 

5 (4) the United States remains committed to mis6 sion success in Afghanistan in light of the national 

7 security interests in the region and the sacrifice and 

8 commitment of the United States Armed Forces over 

9 the last ten years. 

10 (c) PROHIBITION.—Notwithstanding section 2465 of 

11 title 10, United States Code, funds appropriated to the De12 partment of Defense may not be obligated or expended for 

13 the purpose of— 

14 (1) entering into a contract for the performance 

15 of security-guard functions at a military installation 

16 or facility in Afghanistan at which members of the 

17 Armed Forces deployed to Afghanistan are garrisoned 

18 or housed; 

19 (2) otherwise employing private security contrac20 tors to provide security for members of the Armed 

21 Forces deployed to Afghanistan; or 

22 (3) employing the Afghan Public Protection 

23 Force to provide security for such members or to per24 form such security-guard functions at such a military 

25 installation or facility. 

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1 (d) REQUIREMENT.— 

2 (1) IN GENERAL.—The President shall ensure 

3 that as many appropriately trained members of the 

4 Armed Forces of the United States as are necessary 

5 are available to— 

6 (A) perform security-guard functions at all 

7 military installations and facilities in Afghani8 stan at which members of the Armed Forces de9 ployed to Afghanistan are garrisoned or housed; 

10 (B) provide security for members of the 

11 Armed Forces deployed to Afghanistan; and 

12 (C) provide adequate counterintelligence 

13 support for such members. 

14 (2) RELATIONSHIP TO OTHER REQUIREMENTS

15 AND LIMITATIONS.—The members of the Armed Forces 

16 required to be made available under paragraph (1) 

17 shall be in addition to— 

18 (A) the number of such members who are 

19 deployed to Afghanistan to support the require20 ments of the North Atlantic Treaty Organization 

21 mission in Afghanistan and the military cam22 paign plan of the Commander of the Inter23 national Security and Assistance Force; and 

24 (B) any limitation on force levels that may 

25 be in effect. 

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1 (e) WAIVER.—The President may waive the prohibi2 tion under subsection (c) and the requirement under sub3 section (d) if the President submits to Congress a certifi4 cation in writing that— 

5 (1) the use of private security contractors or the 

6 Afghan Public Protection Force can provide a level of 

7 security and force protection for members of the 

8 Armed Forces deployed to Afghanistan that is at least 

9 equal to the security and force protection that can be 

10 provided by members of the Armed Forces; and 

11 (2) the Secretary of Defense has ensured that all 

12 employees of private security contractors and mem13 bers of the Afghan Public Protection Force providing 

14 security or force protection for members of the Armed 

15 Forces deployed to Afghanistan are independently 

16 screened and vetted by members of the Armed Forces 

17 of the United States. 

18 (f) REPORT.— 

19 (1) IN GENERAL.—Not later than 30 days after 

20 the end of each quarter of fiscal years 2013 and 2014, 

21 the Secretary of Defense shall submit to the congres22 sional defense committees a report on the following: 

23 (A) Data on attempted and successful at24 tacks by the Afghan National Security Forces, 

25 the Afghan Public Protection Force, and private 

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1 security contractors on United States Armed 

2 Forces and civilian personnel of the Department 

3 of Defense. 

4 (B) The number of members of the United 

5 States Armed Forces and civilian personnel of 

6 the Department of Defense wounded or killed due 

7 to such attacks. 

8 (C) A description of tactical or covert meth9 ods used in such attacks and a description of 

10 motivations for such attacks. 

11 (2) ADDITIONAL INFORMATION.—The first report 

12 submitted following the date of the enactment of this 

13 Act and the report submitted for the first quarter of 

14 fiscal year 2014 shall also include the following: 

15 (A) Actions the Department of Defense is 

16 taking to monitor indicators and early warning 

17 signs of infiltration or co-option of the Afghan 

18 National Security Forces, the Afghan Public 

19 Protection Force, and private security contrac20 tors. 

21 (B) The methodology and systematic ap22 proach to resolving disputes between the Afghan 

23 National Security Forces and United States 

24 Armed Forces and civilian personnel of the De25 partment of Defense when such disputes arise. 

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1 (g) DEFINITION.—In this section, the term ‘‘members 

2 of the Armed Forces deployed to Afghanistan’’ means mem3 bers of the Armed Forces deployed to Afghanistan in sup4 port of the International Security Assistance Force in Af5 ghanistan and members of the Armed Forces of the United 

6 States deployed to Afghanistan in support of Operation En7 during Freedom. 

8 SEC. 1215. REPORT ON UPDATES AND MODIFICATIONS TO 

9 CAMPAIGN PLAN FOR AFGHANISTAN. 

10 (a) REPORT REQUIRED.—Not later than 180 days 

11 after the date on which any substantial update or modifica12 tion is made to the campaign plan for Afghanistan (includ13 ing the supporting and implementing documents for such 

14 plan), the Comptroller General of the United States shall 

15 submit to the congressional defense committees a report on 

16 the updated or modified plan, including an assessment of 

17 the updated or modified plan. 

18 (b) EXCEPTION.—The requirement to submit a report 

19 under subsection (a) on any substantial update or modifica20 tion to the campaign plan for Afghanistan shall not apply 

21 if the Comptroller General— 

22 (1) determines that a report submitted to Con23 gress by the Comptroller General before the date of the 

24 enactment of this Act substantially meets the require25 ment to submit the report under subsection (a); and 

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1 (2) notifies the congressional defense committees 

2 in writing of the determination under paragraph (1). 

3 (c) TERMINATION.—The requirement to submit a re4 port under subsection (a) on any substantial update or 

5 modification to the campaign plan for Afghanistan shall 

6 terminate on September 30, 2014. 

7 (d) REPEAL.—Section 1226 of the National Defense 

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

9 84; 123 Stat. 2525) is repealed. 

10 SEC. 1216. UNITED STATES MILITARY SUPPORT IN AFGHAN11 ISTAN. 

12 (a) SENSE OF CONGRESS.—It is the sense of Congress 

13 that— 

14 (1) following Al Qaeda’s attacks on the United 

15 States on September 11, 2001, United States and coa16 lition forces have achieved significant progress toward 

17 security and stability in Afghanistan; 

18 (2) as the United States completes transfer of the 

19 lead for security to the Afghan National Security 

20 Forces by the end of 2014, the United States should 

21 ensure that the gains in security are maintained; 

22 (3) the United States mission in Afghanistan 

23 continues to be to disrupt, dismantle, and defeat al 

24 Qaeda, as well as to prevent its return to either Af25 ghanistan or Pakistan; 

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1 (4) the specific objectives in Afghanistan are to 

2 deny safe haven to Al Qaeda and to deny the Taliban 

3 the ability to overthrow the Afghan Government; 

4 (5) the Taliban, Haqqanis, and associated insur5 gents continue to enjoy safe havens in Pakistan, but 

6 are unlikely to be capable of overthrowing the Afghan 

7 Government unless the United States withdraws forces 

8 precipitously from Afghanistan; 

9 (6) the Haqqani Network provides unique capa10 bilities and capacity to the Afghan Taliban, and ad11 ditionally, serves as a combat multiplier to the Af12 ghan insurgency due to its geographic primacy over 

13 the key terrain of the Paktika, Paktia, and Khost 

14 provinces, as well as North and South Waziristan, 

15 and willingness to introduce international weaponry 

16 and technology into the battle space and serve as the 

17 reception point and integrator of international for18 eign fighters into the Afghan insurgency; 

19 (7) the Haqqani Network has been the most im20 portant Afghan-based protector of Al Qaeda; 

21 (8) the unique capabilities and effects brought to 

22 the battle space by the Haqqani Network necessitate 

23 that the Government of Afghanistan should have supe24 rior operational capacity in order to maintain the se25 curity of Afghanistan over time; 

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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 States 

8 military support; and 

9 (11) in order to reduce this uncertainty, and to 

10 promote further stability and security in Afghanistan, 

11 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 through 

16 2013’’; 

17 (B) maintain a force of at least 68,000 

18 troops through December 31, 2014, unless fewer 

19 forces can achieve United States objectives; 

20 (C) maintain a credible troop presence after 

21 December 31, 2014, sufficient to conduct counter22 terrorism and train and advise the Afghan Na23 tional Security Forces, consistent with the Stra24 tegic Partnership Agreement (signed on May 2, 

25 2012); and 

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1 (D) maintain sufficient funding for the Af2 ghan National Security Forces to accomplish the 

3 objectives described in paragraphs (3), (4), and 

4 (8). 

5 (b) NOTIFICATION.—The President shall notify the 

6 congressional defense committees of any decision to reduce 

7 the number of United States Armed Forces deployed in Af8 ghanistan below the number of such Armed Forces deployed 

9 in Afghanistan on— 

10 (1) December 31, 2012, 

11 (2) December 31, 2013, and 

12 (3) December 31, 2014, 

13 prior to any public announcement of any such decision to 

14 reduce the number of United States Armed Forces deployed 

15 in Afghanistan. 

16 (c) MATTERS TO INCLUDE IN NOTIFICATION.—As part 

17 of a notification required by subsection (b), the President 

18 shall— 

19 (1) provide an assessment of the relevant security 

20 risk metrics associated with the marginal reduction 

21 in force levels; and 

22 (2) provide a by-unit assessment of the oper23 ational capability of the Afghan National Security 

24 Forces to independently conduct the required oper25 ations to maintain security in Afghanistan. 

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1 SEC. 1217. EXTENSION AND MODIFICATION OF PAKISTAN 

2 COUNTERINSURGENCY FUND. 

3 (a) IN GENERAL.—Section 1224(h) of the National De4 fense Authorization Act for Fiscal Year 2010 (Public Law 

5 111–84; 123 Stat. 2521), as most recently amended by sec6 tion 1220 of the National Defense Authorization Act for Fis7 cal Year 2012 (Public Law 112–81; 125 Stat. 1633), is fur8 ther amended by striking ‘‘September 30, 2012’’ both places 

9 it appears and inserting ‘‘September 30, 2013’’. 

10 (b) LIMITATION ON FUNDS SUBJECT TO REPORT AND

11 UPDATES.—Section 1220(b) of the National Defense Au12 thorization Act for Fiscal Year 2012 (Public Law 112–81; 

13 125 Stat. 1633) is amended— 

14 (1) in the heading of paragraph (1), by inserting 

15 ‘‘FOR FISCAL YEAR 2012’’ after ‘‘FUNDS’’; 

16 (2) by redesignating paragraphs (2), (3), and (4) 

17 as paragraphs (3), (4), and (5), respectively; 

18 (3) by inserting after paragraph (1) the fol19 lowing: 

20 ‘‘(2) LIMITATION ON FUNDS FOR FISCAL YEAR

21 2013; REPORT REQUIRED.—Of the amounts appro22 priated or transferred to the Fund for fiscal year 

23 2013, not more than 10 percent of such amounts may 

24 be obligated or expended until such time as the Sec25 retary of Defense, with the concurrence of the Sec26 retary of State, submits to the appropriate congresmstockstill on DSK4VPTVN1PROD with BILLS

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1 sional committees an update of the report required 

2 under paragraph (1).’’; 

3 (4) in paragraph (3) (as redesignated)— 

4 (A) by inserting ‘‘after fiscal year 2013’’ 

5 after ‘‘any fiscal year’’; 

6 (B) by striking ‘‘requested to be’’; and 

7 (C) by striking ‘‘at the same time that the 

8 President’s budget is submitted pursuant to sec9 tion 1105(a) of title 31, United States Code’’ and 

10 inserting ‘‘not later than 45 days before amounts 

11 in the Fund are made available to the Secretary 

12 of Defense’’; and 

13 (5) in paragraph (4) (as redesignated), by strik14 ing ‘‘the update required under paragraph (2)’’ and 

15 inserting ‘‘the updates required under paragraphs (2) 

16 and (3)’’. 

17 Subtitle C—Matters Relating to 

18 Iran 

19 SEC. 1221. DECLARATION OF POLICY. 

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

21 (1) Iran, which has long sought to foment insta22 bility and promote extremism in the Middle East, is 

23 now seeking to exploit the dramatic political transi24 tion underway in the region to undermine govern25 ments traditionally aligned with the United States 

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1 and support extremist political movements in these 

2 countries. 

3 (2) At the same time, Iran may soon attain a 

4 nuclear weapons capability, a development that 

5 would threaten United States interests, destabilize the 

6 region, encourage regional nuclear proliferation, fur7 ther empower and embolden Iran, the world’s leading 

8 state sponsor of terrorism, and provide it the tools to 

9 threaten its neighbors, including Israel. 

10 (3) With the assistance of Iran over the past sev11 eral years, Syria, Hezbollah, and Hamas have in12 creased their stockpiles of rockets, with more than 

13 60,000 rockets now ready to be fired at Israel. Iran 

14 continues to add to its arsenal of ballistic missiles 

15 and cruise missiles, which threaten Iran’s neighbors, 

16 Israel, and United States Armed Forces in the region. 

17 (4) Preventing Iran from acquiring a nuclear 

18 weapon is among the most urgent national security 

19 challenges facing the United States. 

20 (5) Successive United States administrations 

21 have stated that an Iran armed with a nuclear weap22 on is unacceptable. 

23 (6) President Obama stated on January 24, 

24 2012, ‘‘Let there be no doubt: America is determined 

25 to prevent Iran from getting a nuclear weapon, and 

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1 I will take no options off the table to achieve that 

2 goal.’’. 

3 (7) In order to prevent Iran from developing nu4 clear weapons, the United States, in cooperation with 

5 its allies, must utilize all elements of national power 

6 including diplomacy, robust economic sanctions, and 

7 credible, visible preparations for a military option. 

8 (8) Nevertheless, to date, diplomatic overtures, 

9 sanctions, and other non-kinetic actions toward Iran 

10 have not caused the Government of Iran to abandon 

11 its nuclear weapons program. 

12 (9) With the impact of additional sanctions un13 certain, additional pressure on the Government of 

14 Iran could come from the credible threat of military 

15 action against Iran’s nuclear program. 

16 (b) DECLARATION OF POLICY.—It shall be the policy 

17 of the United States to take all necessary measures, includ18 ing military action if required, to prevent Iran from threat19 ening the United States, its allies, or Iran’s neighbors with 

20 a nuclear weapon. 

21 SEC. 1222. UNITED STATES MILITARY PREPAREDNESS IN 

22 THE MIDDLE EAST. 

23 (a) SENSE OF CONGRESS.—It is the sense of Congress 

24 that— 

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1 (1) military exercises conducted in the Persian 

2 Gulf and Gulf of Oman emphasize the United States 

3 resolve and the policy of the United States described 

4 in section 1221(b) by enhancing the readiness of the 

5 United States military and allied forces, as well as 

6 signaling to the Government of Iran the commitment 

7 of the United States to defend its vital national secu8 rity interests; and 

9 (2) the President, as Commander in Chief, 

10 should augment the presence of the United States 

11 Fifth Fleet in the Middle East and to conduct mili12 tary deployments, exercises, or other visible, concrete 

13 military readiness activities to underscore the policy 

14 of the United States described in section 1221(b). 

15 (b) PLAN.— 

16 (1) IN GENERAL.—The Secretary of Defense shall 

17 prepare a plan to augment the presence of the United 

18 States Fifth Fleet in the Middle East and to conduct 

19 military deployments, exercises, or other visible, con20 crete military readiness activities to underscore the 

21 policy of the United States described in section 

22 1221(b). 

23 (2) MATTERS TO BE INCLUDED.—The plan re24 quired under paragraph (1) shall include, at a min25 imum, steps necessary for the Armed Forces to supmstockstill on DSK4VPTVN1PROD with BILLS

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1 port the policy of the United States described in sec2 tion 1221(b), including— 

3 (A) pre-positioning sufficient supplies of 

4 aircraft, munitions, fuel, and other materials for 

5 both air- and sea-based missions at key forward 

6 locations in the Middle East and Indian Ocean; 

7 (B) maintaining sufficient naval assets in 

8 the region necessary to signal United States re9 solve and to bolster United States capabilities to 

10 launch a sustained sea and air campaign 

11 against a range of Iranian nuclear and military 

12 targets, to protect seaborne shipping, and to 

13 deny Iranian retaliation against United States 

14 interests in the region; 

15 (C) discussing the viability of deploying at 

16 least two United States aircraft carriers, an ad17 ditional large deck amphibious ship, and a Mine 

18 Countermeasures Squadron in the region on a 

19 continual basis, in support of the actions de20 scribed in subparagraph (B); and 

21 (D) conducting naval fleet exercises similar 

22 to the United States Fifth Fleet’s major exercise 

23 in the region in March 2007 to demonstrate abil24 ity to keep the Strait of Hormuz open and to 

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1 counter the use of anti-ship missiles and swarm2 ing high-speed boats. 

3 (3) SUBMISSION TO CONGRESS.—The plan re4 quired under paragraph (1) shall be submitted to the 

5 congressional defense committees not later than 120 

6 days after the date of enactment of this Act. 

7 SEC. 1223. ANNUAL REPORT ON MILITARY POWER OF IRAN. 

8 (a) IN GENERAL.—Section 1245 of the National De9 fense Authorization Act for Fiscal Year 2010 (Public Law 

10 111–84; 123 Stat. 2542) is amended— 

11 (1) by redesignating subsections (c) and (d) as 

12 subsections (d) and (e), respectively; and 

13 (2) by inserting after subsection (b) the fol14 lowing: 

15 ‘‘(c) COMBATANT COMMANDER ASSESSMENT.—The re16 port required under subsection (a) shall include an annex, 

17 in classified or unclassified form, that includes an identi18 fication and assessment of the Commander of the United 

19 States Central Command on the following: 

20 ‘‘(1) Any critical gaps in intelligence that limit 

21 the ability of the Commander to counter threats ema22 nating from Iran. 

23 ‘‘(2) Any gaps in the capabilities, capacity, and 

24 authorities of the Commander to counter Iranian 

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1 threats to United States Armed Forces and United 

2 States interests in the region. 

3 ‘‘(3) Any gaps in the capabilities and capacity 

4 of the Commander to take military action against 

5 Iran to prevent Iran from developing a nuclear weap6 on. 

7 ‘‘(4) Any other matters the Commander considers 

8 to be relevant.’’. 

9 (b) EFFECTIVE DATE.—The amendments made by sub10 section (a) take effect on the date of the enactment of this 

11 Act and apply with respect to each report required to be 

12 submitted under section 1245 of the National Defense Au13 thorization Act for Fiscal Year 2010 on or after such date 

14 of enactment. 

15 Subtitle D—Reports and Other 

16 Matters 

17 SEC. 1231. ANNUAL REPORT ON MILITARY AND SECURITY 

18 DEVELOPMENTS INVOLVING THE PEOPLE’S 

19 REPUBLIC OF CHINA. 

20 (a) IN GENERAL.—Subsection (b) of section 1202 of 

21 the National Defense Authorization Act for Fiscal Year 

22 2000 (Public Law 106–65; 113 Stat. 781; 10 U.S.C. 113 

23 note), as most recently amended by section 1238 of the Na24 tional Defense Authorization Act for Fiscal Year 2012 (Pub25 lic Law 112–81; 125 Stat. 1642), is further amended— 

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1 (1) by redesignating paragraphs (10), (11), and 

2 (12) as paragraphs (12), (13), and (14), respectively; 

3 and 

4 (2) by inserting after paragraph (9) the fol5 lowing: 

6 ‘‘(10) The strategy, goals, and capabilities of 

7 Chinese space programs, including trends, global and 

8 regional activities, the involvement of military and 

9 civilian organizations, including state-owned enter10 prises, academic institutions, and commercial enti11 ties, and efforts to develop, acquire, or gain access to 

12 advanced technologies that would enhance Chinese 

13 military capabilities. 

14 ‘‘(11) The strategy, goals, and capabilities of 

15 Chinese cyber activities, including trends, global and 

16 regional activities, the involvement of military and 

17 civilian organizations, including state-owned enter18 prises, academic institutions, and commercial enti19 ties. Relevant analyses and forecasts shall consider— 

20 ‘‘(A) Chinese cyber activities directed 

21 against the Department of Defense; 

22 ‘‘(B) potential harms that may affect De23 partment of Defense communications, computers, 

24 networks, systems, or other military assets as a 

25 result of a cyber attack; and 

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1 ‘‘(C) any other developments regarding Chi2 nese cyber activities that the Secretary of Defense 

3 determines are relevant to the national security 

4 of the United States.’’. 

5 (b) COMBATANT COMMANDER ASSESSMENT.—Such 

6 section is further amended— 

7 (1) by redesignating subsections (c) and (d) as 

8 subsections (d) and (e), respectively; and 

9 (2) by inserting after subsection (b) the fol10 lowing: 

11 ‘‘(c) COMBATANT COMMANDER ASSESSMENT.—The re12 port required under subsection (a) shall include an annex, 

13 in classified or unclassified form, that includes an identi14 fication and assessment of the Commander of the United 

15 States Pacific Command on the following: 

16 ‘‘(1) Any gaps in intelligence that limit the abil17 ity of the Commander to address challenges posed by 

18 the People’s Republic of China. 

19 ‘‘(2) Any gaps in the capabilities, capacity, and 

20 authorities of the Commander to address challenges 

21 posed by the People’s Republic of China to United 

22 States Armed Forces and United States interests in 

23 the region. 

24 ‘‘(3) Any other matters the Commander considers 

25 to be relevant.’’. 

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1 (c) EFFECTIVE DATE.—The amendments made by sub2 sections (a) and (b) take effect on the date of the enactment 

3 of this Act and apply with respect to each report required 

4 to be submitted under section 1202 of the National Defense 

5 Authorization Act for Fiscal Year 2000 on or after such 

6 date of enactment. 

7 SEC. 1232. REPORT ON MILITARY AND SECURITY DEVELOP8 MENTS INVOLVING THE DEMOCRATIC PEO9 PLE’S REPUBLIC OF KOREA. 

10 (a) ADDITIONAL REPORT.—Subsection (a) of section 

11 1236 of the National Defense Authorization Act for Fiscal 

12 Year 2012 (Public Law 112–81; 125 Stat. 1641) is amended 

13 by inserting after ‘‘November 1, 2012,’’ the following: ‘‘and 

14 November 1, 2013,’’. 

15 (b) COMBATANT COMMANDER ASSESSMENT.—Such 

16 section is further amended— 

17 (1) by redesignating subsection (c) as subsection 

18 (d); and 

19 (2) by inserting after subsection (b) the fol20 lowing: 

21 ‘‘(c) COMBATANT COMMANDER ASSESSMENT.—The re22 port required under subsection (a) shall include an annex, 

23 in classified or unclassified form, that includes an identi24 fication and assessment of the Commander of the United 

25 States Pacific Command on the following: 

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1 ‘‘(1) Any gaps in intelligence that limit the abil2 ity of the Commander to counter threats emanating 

3 from North Korea. 

4 ‘‘(2) Any gaps in the capabilities, capacity, and 

5 authorities of the Commander to counter North Ko6 rean threats to United States Armed Forces and 

7 United States interests in the region. 

8 ‘‘(3) Any other matters the Commander considers 

9 to be relevant.’’. 

10 SEC. 1233. REPORT ON HOST NATION SUPPORT FOR OVER11 SEAS UNITED STATES MILITARY INSTALLA12 TIONS AND UNITED STATES ARMED FORCES 

13 DEPLOYED IN COUNTRY. 

14 (a) REPORT REQUIRED.— 

15 (1) IN GENERAL.—Not later than March 1 of 

16 each year from 2013 through 2015, the Secretary of 

17 Defense, in consultation with the Secretary of State, 

18 shall submit to the appropriate congressional commit19 tees a report on the direct, indirect, and burden-shar20 ing contributions made by host nations to support 

21 United States Armed Forces deployed in country. 

22 (2) ELEMENTS.—The report required by para23 graph (1) shall include at least the following: 

24 (A) The methodology and accounting proce25 dures used to measure and track direct, indirect, 

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1 and burden-sharing contributions made by host 

2 nations. 

3 (B) The stationing costs, paid by the host 

4 nation, associated with United States Armed 

5 Forces stationed outside the territory of the 

6 United States in that nation. 

7 (C) A description of direct, indirect, and 

8 burden-sharing contributions by host nation, in9 cluding the following: 

10 (i) Contributions accepted for the fol11 lowing costs: 

12 (I) Compensation for local na13 tional employees of the Department of 

14 Defense. 

15 (II) Military construction projects 

16 of the Department of Defense, includ17 ing design, procurement, construction 

18 management costs, rents on privately19 owned land, facilities, labor, utilities 

20 and vicinity improvements. 

21 (III) Other costs such as loan 

22 guarantees on public-private venture 

23 housing and payment-in-kind for fa24 cilities returned to the host nation. 

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1 (ii) Contributions accepted for any 

2 other purpose. 

3 (b) FORM.—The report required by subsection (a) shall 

4 be submitted in unclassified form, but may include a classi5 fied annex if necessary. 

6 (c) DEFINITIONS.—In this section: 

7 (1) APPROPRIATE CONGRESSIONAL COMMIT8 TEES.—The term ‘‘appropriate congressional commit9 tees’’ means— 

10 (A) the congressional defense committees; 

11 and 

12 (B) the Committee on Foreign Relations of 

13 the Senate and the Committee on Foreign Affairs 

14 of the House of Representatives. 

15 (2) HOST NATION.—The term ‘‘host nation’’ 

16 means any country that hosts a permanent or tem17 porary United States military installation or a per18 manent or rotational deployment of United State 

19 Armed Forces located outside of the borders of the 

20 United States. 

21 (3) CONTRIBUTIONS.—The term ‘‘contributions’’ 

22 means cash and in-kind contributions made by a host 

23 nation that replace expenditures that would otherwise 

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1 propriated or otherwise made available in defense ap2 propriations Acts. 

3 SEC. 1234. NATO SPECIAL OPERATIONS HEADQUARTERS. 

4 (a) IN GENERAL.—Section 1244(a) of the National De5 fense Authorization Act for Fiscal Year 2010 (Public Law 

6 111–84; 123 Stat. 2541), as amended by section 1242 of 

7 the Ike Skelton National Defense Authorization Act for Fis8 cal Year 2011 (Public Law 111–383; 124 Stat. 4405), is 

9 further amended by striking ‘‘fiscal year 2011’’ and insert10 ing ‘‘fiscal year 2013’’. 

11 (b) LIMITATION.—Of the funds authorized to be appro12 priated by this Act or otherwise made available for fiscal 

13 year 2013 for the NATO Special Operations Headquarters, 

14 not more than 50 percent may be obligated or expended 

15 until the date that is 30 days after the date on which the 

16 Secretary of Defense finalizes and formalizes U.S. Special 

17 Operations Command as the executive agent and lead com18 ponent for the NATO Special Operations Headquarters. 

19 SEC. 1235. REPORTS ON EXPORTS OF MISSILE DEFENSE 

20 TECHNOLOGY TO CERTAIN COUNTRIES. 

21 (a) REPORTS.—Not later than 180 days after the date 

22 of the enactment of this Act, and each year thereafter 

23 through 2015, the Secretary of Defense shall submit to the 

24 appropriate congressional committees a report on the fol25 lowing: 

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1 (1) A description of the types of assistance, in2 cluding assistance relating to missile defense, pro3 vided by the Department of Defense to foreign coun4 tries that export space, counter-space, and ballistic 

5 missile equipment, material, and technologies that 

6 could be used in other countries’ space, counter-space, 

7 and ballistic missile programs. 

8 (2) A description of such exports to countries 

9 with space, counter-space, and ballistic missile pro10 grams, including a description of specific technologies 

11 that are exported to such countries. 

12 (b) APPROPRIATE CONGRESSIONAL COMMITTEES DE13 FINED.—In this section, the term ‘‘appropriate congres14 sional committees’’ means— 

15 (1) the congressional defense committees; and 

16 (2) the Committee of Foreign Relations of the 

17 Senate and the Committee on Foreign Affairs of the 

18 House of Representatives. 

19 SEC. 1236. LIMITATION ON FUNDS TO PROVIDE THE RUS20 SIAN FEDERATION WITH ACCESS TO MISSILE 

21 DEFENSE TECHNOLOGY. 

22 (a) LIMITATION ON FUNDS FOR CLASSIFIED TECH23 NOLOGY AND DATA.— 

24 (1) IN GENERAL.—None of the funds made avail25 able for fiscal years 2012 or 2013 for the Department 

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1 of Defense may be used to provide the Russian Fed2 eration with access to information that is classified or 

3 was classified as of January 2, 2012, regarding— 

4 (A) missile defense technology of the United 

5 States, including hit-to-kill technology; or 

6 (B) data, including sensitive technical data, 

7 warning, detection, tracking, targeting, telem8 etry, command and control, and battle manage9 ment data, that support the missile defense capa10 bilities of the United States. 

11 (2) APPLICABILITY.—The limitation in para12 graph (1) shall apply with respect to the use of funds 

13 on or after the date of the enactment of this Act. 

14 (b) LIMITATION ON FUNDS FOR OTHER TECHNOLOGY

15 AND DATA.— 

16 (1) IN GENERAL.—None of the funds made avail17 able for fiscal years 2012 or 2013 for the Department 

18 of Defense may be used to provide the Russian Fed19 eration with access to missile defense technology or 

20 technical data not described in subsection (a) un21 less— 

22 (A) the President submits to the appro23 priate congressional committees— 

24 (i) a report that contains a description 

25 of— 

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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; 

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1 (II) will not enable the develop2 ment of countermeasures to any missile 

3 defense system of the United States or 

4 otherwise undermine the effectiveness of 

5 any such missile defense system; and 

6 (III) will correspond to equitable 

7 access by the United States to missile 

8 defense technology or technical data of 

9 the Russian Federation; and 

10 (B) a period of 30 days has elapsed fol11 lowing the date on which the President submits 

12 to the appropriate congressional committees the 

13 report and written certification under subpara14 graph (A). 

15 (2) APPLICABILITY.—The limitation in para16 graph (1) shall apply with respect to the use of funds 

17 on or after the date of the enactment of this Act. 

18 (c) FORM.—The report described in clause (i) of sub19 section (b)(1)(A) and the certification described in clause 

20 (ii) of such subsection shall be submitted in unclassified 

21 form, but may contain a classified annex, if necessary. 

22 (d) APPROPRIATE CONGRESSIONAL COMMITTEES DE23 FINED.—In this section, the term ‘‘appropriate congres24 sional committees’’ means— 

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1 (1) the Committee on Armed Services and the 

2 Committee on Foreign Relations of the Senate; and 

3 (2) the Committee on Armed Services and the 

4 Committee on Foreign Affairs of the House of Rep5 resentatives. 

6 SEC. 1237. INTERNATIONAL AGREEMENTS RELATING TO 

7 MISSILE DEFENSE. 

8 (a) SENSE OF CONGRESS.—It is the sense of Congress 

9 that an agreement regarding missile defense cooperation be10 tween the United States and the Russian Federation that 

11 is negotiated with the Russian Federation through the 

12 North Atlantic Treaty Organization (‘‘NATO’’) or a provi13 sion to amend the charter of the NATO–Russia Council, 

14 should not be considered legally or politically binding un15 less the agreement is— 

16 (1) specifically approved with the advice and 

17 consent of the Senate pursuant to article II, section 

18 2, clause 2 of the Constitution; or 

19 (2) specifically authorized by an Act of Congress. 

20 (b) MISSILE DEFENSE AGREEMENTS.— 

21 (1) IN GENERAL.—Chapter 3 of title 10, United 

22 States Code, is amended by adding at the end the fol23 lowing new section: 

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1 ‘‘§ 130f. International agreements relating to missile 

2 defense 

3 ‘‘(a) IN GENERAL.—In accordance with the under4 standing under subsection (b)(1)(B) of the Resolution of Ad5 vice and Consent to Ratification of the New START Treaty 

6 of the Senate, any agreement with a country or inter7 national organization or amendment to the New START 

8 Treaty (including an agreement made by the Bilateral Con9 sultative Commission established by the New START Trea10 ty) concerning the limitation of the missile defense capabili11 ties of the United States shall not be binding on the United 

12 States, and shall not enter into force with respect to the 

13 United States, unless after the date of the enactment of this 

14 section, such agreement or amendment is— 

15 ‘‘(1) specifically approved with the advice and 

16 consent of the Senate pursuant to article II, section 

17 2, clause 2 of the Constitution; or 

18 ‘‘(2) specifically authorized by an Act of Con19 gress. 

20 ‘‘(b) ANNUAL NOTIFICATION.—Not later than January 

21 31 of each year, beginning in 2013, the President shall sub22 mit to the congressional defense committees and the Com23 mittee on Foreign Relations of the Senate and the Com24 mittee on Foreign Affairs of the House of Representatives 

25 a notification of— 

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1 ‘‘(1) whether the Russian Federation has recog2 nized during the previous year the sovereign right of 

3 the United States to pursue quantitative and quali4 tative improvements in missile defense capabilities; 

5 and 

6 ‘‘(2) whether during any treaty negotiations or 

7 other Government-to-Government contacts between the 

8 United States and the Russian Federation (including 

9 under the auspices of the Bilateral Consultative Com10 mission established by the New START Treaty) dur11 ing the previous year a representative of the Russian 

12 Federation suggested that a treaty or other inter13 national agreement include, with respect to the 

14 United States— 

15 ‘‘(A) restricting missile defense capabilities, 

16 military capabilities in space, or conventional 

17 prompt global strike capabilities; or 

18 ‘‘(B) reducing the number of non-strategic 

19 nuclear weapons deployed in Europe. 

20 ‘‘(c) NEW START TREATY DEFINED.—In this section, 

21 the term ‘New START Treaty’ means the Treaty between 

22 the United States of America and the Russian Federation 

23 on Measures for the Further Reduction and Limitation of 

24 Strategic Offensive Arms, signed on April 8, 2010, and en25 tered into force on February 5, 2011.’’. 

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1 (2) CLERICAL AMENDMENT.—The table of sec2 tions at the beginning of such chapter is amended by 

3 inserting after the item relating to section 130e the 

4 following new item: 

‘‘130f. International agreements relating to missile defense.’’. 

5 (c) DEFENSE TECHNOLOGY COOPERATION AGREE6 MENTS.— 

7 (1) IN GENERAL.—Subchapter II of chapter 138 

8 of title 10, United States Code, is amended by adding 

9 at the end the following new section: 

10 ‘‘§ 2350n. Defense technology cooperation agreements 

11 between the United States and the Rus12 sian Federation 

13 ‘‘(a) IN GENERAL.—None of the funds made available 

14 for fiscal year 2012 or any fiscal year thereafter for the 

15 Department of Defense may be used to implement a defense 

16 technology cooperation agreement entered into between the 

17 United States and the Russian Federation until a period 

18 of 60 days has elapsed following the date on which the 

19 President transmits such agreement to the congressional de20 fense committees. 

21 ‘‘(b) DEFENSE TECHNOLOGY COOPERATION AGREE22 MENT DEFINED.—In this section, the term ‘defense tech23 nology cooperation agreement’ means a cooperative agree24 ment related to research and development entered into 

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1 under section 2358 of this title or any other provision of 

2 this title.’’. 

3 (2) CLERICAL AMENDMENT.—The table of sec4 tions at the beginning of such subchapter is amended 

5 by inserting after the item relating to section 2350m 

6 the following new item: 

‘‘2350n. Defense technology cooperation agreement between the United States and 

the Russian Federation.’’. 

7 (d) LIMITATION ON MISSILE DEFENSE NEGOTIA8 TION.— 

9 (1) IN GENERAL.—None of the funds made avail10 able for fiscal years 2012 or 2013 for the Department 

11 of Defense may be used to implement an agreement 

12 regarding missile defense entered into with the Rus13 sian Federation until the date that is 30 days after 

14 the date on which the President transmits to the ap15 propriate congressional committees the draft agree16 ment discussed between the United States and the 

17 Russian Federation at Deauville, France, in May 

18 2011. 

19 (2) APPLICABILITY.—The limitation in para20 graph (1) shall apply with respect to the use of funds 

21 on or after the date of the enactment of this Act. 

22 (3) APPROPRIATE CONGRESSIONAL COMMITTEES

23 DEFINED.—In this subsection, the term ‘‘appropriate 

24 congressional committees’’ means— 

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1 (A) the Committee on Armed Services and 

2 the Committee on Foreign Relations of the Sen3 ate; and 

4 (B) the Committee on Armed Services and 

5 the Committee on Foreign Affairs of the House 

6 of Representatives. 

7 TITLE XIII—COOPERATIVE 

8 THREAT REDUCTION 

9 SEC. 1301. SPECIFICATION OF COOPERATIVE THREAT RE10 DUCTION PROGRAMS AND FUNDS. 

11 (a) SPECIFICATION OF COOPERATIVE THREAT REDUC12 TION PROGRAMS.—For purposes of section 301 and other 

13 provisions of this Act, Cooperative Threat Reduction pro14 grams are the programs specified in section 1501 of the Na15 tional Defense Authorization Act for Fiscal Year 1997 (50 

16 U.S.C. 2362 note). 

17 (b) FISCAL YEAR 2013 COOPERATIVE THREAT REDUC18 TION FUNDS DEFINED.—As used in this title, the term ‘‘fis19 cal year 2013 Cooperative Threat Reduction funds’’ means 

20 the funds appropriated pursuant to the authorization of ap21 propriations in section 301 and made available by the 

22 funding table in section 4301 for Cooperative Threat Reduc23 tion programs. 

24 (c) AVAILABILITY OF FUNDS.—Funds appropriated 

25 pursuant to the authorization of appropriations in section 

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1 301 and made available by the funding table in section 

2 4301 for Cooperative Threat Reduction programs shall be 

3 available for obligation for fiscal years 2013, 2014, and 

4 2015. 

5 SEC. 1302. FUNDING ALLOCATIONS. 

6 (a) FUNDING FOR SPECIFIC PURPOSES.—Of the 

7 $519,111,000 authorized to be appropriated to the Depart8 ment of Defense for fiscal year 2013 in section 301 and 

9 made available by the funding table in section 4301 for Co10 operative Threat Reduction programs, the following 

11 amounts may be obligated for the purposes specified: 

12 (1) For strategic offensive arms elimination, 

13 $68,271,000. 

14 (2) For chemical weapons destruction, 

15 $14,630,000. 

16 (3) For global nuclear security, $99,789,000. 

17 (4) For cooperative biological engagement, 

18 $276,399,000. 

19 (5) For proliferation prevention, $32,402,000. 

20 (6) For threat reduction engagement, $2,375,000. 

21 (7) For activities designated as Other Assess22 ments/Administrative Costs, $25,245,000. 

23 (b) REPORT ON OBLIGATION OR EXPENDITURE OF

24 FUNDS FOR OTHER PURPOSES.—No fiscal year 2013 Coop25 erative Threat Reduction funds may be obligated or exmstockstill on DSK4VPTVN1PROD with BILLS

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1 pended for a purpose other than a purpose listed in para2 graphs (1) through (7) of subsection (a) until 15 days after 

3 the date that the Secretary of Defense submits to Congress 

4 a report on the purpose for which the funds will be obligated 

5 or expended and the amount of funds to be obligated or ex6 pended. Nothing in the preceding sentence shall be construed 

7 as authorizing the obligation or expenditure of fiscal year 

8 2013 Cooperative Threat Reduction funds for a purpose for 

9 which the obligation or expenditure of such funds is specifi10 cally prohibited under this title or any other provision of 

11 law. 

12 (c) LIMITED AUTHORITY TO VARY INDIVIDUAL

13 AMOUNTS.— 

14 (1) IN GENERAL.—Subject to paragraph (2), in 

15 any case in which the Secretary of Defense determines 

16 that it is necessary to do so in the national interest, 

17 the Secretary may obligate amounts appropriated for 

18 fiscal year 2013 for a purpose listed in paragraphs 

19 (1) through (7) of subsection (a) in excess of the spe20 cific amount authorized for that purpose. 

21 (2) NOTICE-AND-WAIT REQUIRED.—An obligation 

22 of funds for a purpose stated in paragraphs (1) 

23 through (7) of subsection (a) in excess of the specific 

24 amount authorized for such purpose may be made 

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1 using the authority provided in paragraph (1) only 

2 after— 

3 (A) the Secretary submits to Congress noti4 fication of the intent to do so together with a 

5 complete discussion of the justification for doing 

6 so; and 

7 (B) 15 days have elapsed following the date 

8 of the notification. 

9 TITLE XIV—OTHER 

10 AUTHORIZATIONS 

11 Subtitle A—Military Programs 

12 SEC. 1401. WORKING CAPITAL FUNDS. 

13 Funds are hereby authorized to be appropriated for fis14 cal year 2013 for the use of the Armed Forces and other 

15 activities and agencies of the Department of Defense for 

16 providing capital for working capital and revolving funds, 

17 as specified in the funding table in section 4501. 

18 SEC. 1402. NATIONAL DEFENSE SEALIFT FUND. 

19 Funds are hereby authorized to be appropriated for the 

20 fiscal year 2013 for the National Defense Sealift Fund, as 

21 specified in the funding table in section 4501. 

22 SEC. 1403. CHEMICAL AGENTS AND MUNITIONS DESTRUC23 TION, DEFENSE. 

24 (a) AUTHORIZATION OF APPROPRIATIONS.—Funds are 

25 hereby authorized to be appropriated for the Department 

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1 of Defense for fiscal year 2013 for expenses, not otherwise 

2 provided for, for Chemical Agents and Munitions Destruc3 tion, Defense, as specified in the funding table in section 

4 4501. 

5 (b) USE.—Amounts authorized to be appropriated 

6 under subsection (a) are authorized for— 

7 (1) the destruction of lethal chemical agents and 

8 munitions in accordance with section 1412 of the De9 partment of Defense Authorization Act, 1986 (50 

10 U.S.C. 1521); and 

11 (2) the destruction of chemical warfare materiel 

12 of the United States that is not covered by section 

13 1412 of such Act. 

14 SEC. 1404. DRUG INTERDICTION AND COUNTER-DRUG AC15 TIVITIES, DEFENSE-WIDE. 

16 Funds are hereby authorized to be appropriated for the 

17 Department of Defense for fiscal year 2013 for expenses, not 

18 otherwise provided for, for Drug Interdiction and Counter19 Drug Activities, Defense-wide, as specified in the funding 

20 table in section 4501. 

21 SEC. 1405. DEFENSE INSPECTOR GENERAL. 

22 Funds are hereby authorized to be appropriated for the 

23 Department of Defense for fiscal year 2013 for expenses, not 

24 otherwise provided for, for the Office of the Inspector Genmstockstill on DSK4VPTVN1PROD with BILLS

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1 eral of the Department of Defense, as specified in the fund2 ing table in section 4501. 

3 SEC. 1406. DEFENSE HEALTH PROGRAM. 

4 Funds are hereby authorized to be appropriated for fis5 cal year 2013 for the Defense Health Program, as specified 

6 in the funding table in section 4501, for use of the Armed 

7 Forces and other activities and agencies of the Department 

8 of Defense in providing for the health of eligible bene9 ficiaries. 

10 SEC. 1407. CEMETERIAL EXPENSES. 

11 Funds are hereby authorized to be appropriated for the 

12 Department of the Army for fiscal year 2013 for cemeterial 

13 expenses, not otherwise provided for, as specified in the 

14 funding table in section 4501. 

15 Subtitle B—National Defense 

16 Stockpile 

17 SEC. 1411. AUTHORIZED USES OF NATIONAL DEFENSE 

18 STOCKPILE FUNDS. 

19 (a) OBLIGATION OF STOCKPILE FUNDS.—During fis20 cal year 2013, the National Defense Stockpile Manager may 

21 obligate up to $44,899,227 of the funds in the National De22 fense Stockpile Transaction Fund established under sub23 section (a) of section 9 of the Strategic and Critical Mate24 rials Stock Piling Act (50 U.S.C. 98h) for the authorized 

25 uses of such funds under subsection (b)(2) of such section, 

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1 including the disposal of hazardous materials that are envi2 ronmentally sensitive. 

3 (b) ADDITIONAL OBLIGATIONS.—The National Defense 

4 Stockpile Manager may obligate amounts in excess of the 

5 amount specified in subsection (a) if the National Defense 

6 Stockpile Manager notifies Congress that extraordinary or 

7 emergency conditions necessitate the additional obligations. 

8 The National Defense Stockpile Manager may make the ad9 ditional obligations described in the notification after the 

10 end of the 45-day period beginning on the date on which 

11 Congress receives the notification. 

12 (c) LIMITATIONS.—The authorities provided by this 

13 section shall be subject to such limitations as may be pro14 vided in appropriations Acts. 

15 SEC. 1412. ADDITIONAL SECURITY OF STRATEGIC MATE16 RIALS SUPPLY CHAINS. 

17 Section 2(b) of the Strategic and Critical Materials 

18 Stock Piling Act (50 U.S.C. 98a) is amended by inserting 

19 ‘‘or a single point of failure’’ after ‘‘foreign sources’’. 

20 Subtitle C—Other Matters 

21 SEC. 1421. REDUCTION OF UNOBLIGATED BALANCES WITH22 IN THE PENTAGON RESERVATION MAINTE23 NANCE REVOLVING FUND. 

24 Not later than 60 days after the date of the enactment 

25 of this Act, the Secretary of Defense shall transfer 

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1 $26,000,000 from the unobligated balances of the Pentagon 

2 Reservation Maintenance Revolving Fund established under 

3 section 2674(e) of title 10, United States Code, to the Mis4 cellaneous Receipts Fund of the United States Treasury. 

5 SEC. 1422. AUTHORITY FOR TRANSFER OF FUNDS TO JOINT 

6 DEPARTMENT OF DEFENSE-DEPARTMENT OF 

7 VETERANS AFFAIRS MEDICAL FACILITY DEM8 ONSTRATION FUND FOR CAPTAIN JAMES A. 

9 LOVELL HEALTH CARE CENTER, ILLINOIS. 

10 (a) AUTHORITY FOR TRANSFER OF FUNDS.—Of the 

11 funds authorized to be appropriated for section 1406 and 

12 available for the Defense Health Program for operation and 

13 maintenance, $139,204,000 may be transferred by the Sec14 retary of Defense to the Joint Department of Defense–De15 partment of Veterans Affairs Medical Facility Demonstra16 tion Fund established by subsection (a)(1) of section 1704 

17 of the National Defense Authorization Act for Fiscal Year 

18 2010 (Public Law 111-84; 123 Stat. 2571). For purposes 

19 of subsection (a)(2) of such section 1704, any funds so 

20 transferred shall be treated as amounts authorized and ap21 propriated specifically for the purpose of such a transfer. 

22 (b) USE OF TRANSFERRED FUNDS.—For the purposes 

23 of subsection (b) of such section 1704, facility operations 

24 for which funds transferred under subsection (a) may be 

25 used are operations of the Captain James A. Lovell Federal 

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1 Health Care Center, consisting of the North Chicago Vet2 erans Affairs Medical Center, the Navy Ambulatory Care 

3 Center, and supporting facilities designated as a combined 

4 Federal medical facility under an operational agreement 

5 covered by section 706 of the Duncan Hunter National De6 fense Authorization Act for Fiscal Year 2009 (Public Law 

7 110–417; 122 Stat. 4500). 

8 SEC. 1423. AUTHORIZATION OF APPROPRIATIONS FOR 

9 ARMED FORCES RETIREMENT HOME. 

10 There is hereby authorized to be appropriated for fiscal 

11 year 2013 from the Armed Forces Retirement Home Trust 

12 Fund the sum of $67,590,000 for the operation of the Armed 

13 Forces Retirement Home. 

14 TITLE XV—AUTHORIZATION OF 

15 ADDITIONAL APPROPRIA16 TIONS FOR OVERSEAS CON17 TINGENCY OPERATIONS 

18 Subtitle A—Authorization of 

19 Additional Appropriations 

20 SEC. 1501. PURPOSE. 

21 The purpose of this subtitle is to authorize appropria22 tions for the Department of Defense for fiscal year 2013 

23 to provide additional funds for overseas contingency oper24 ations being carried out by the Armed Forces. 

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1 SEC. 1502. PROCUREMENT. 

2 Funds are hereby authorized to be appropriated for fis3 cal year 2013 for procurement accounts for the Army, the 

4 Navy and the Marine Corps, the Air Force, and Defense5 wide activities, as specified in the funding table in section 

6 4102. 

7 SEC. 1503. RESEARCH, DEVELOPMENT, TEST, AND EVALUA8 TION. 

9 Funds are hereby authorized to be appropriated for fis10 cal year 2013 for the use of the Department of Defense for 

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

12 the funding table in section 4202. 

13 SEC. 1504. OPERATION AND MAINTENANCE. 

14 Funds are hereby authorized to be appropriated for fis15 cal year 2013 for the use of the Armed Forces and other 

16 activities and agencies of the Department of Defense for ex17 penses, not otherwise provided for, for operation and main18 tenance, as specified in the funding table in section 4302. 

19 SEC. 1505. MILITARY PERSONNEL. 

20 Funds are hereby authorized to be appropriated for fis21 cal year 2013 for the use of the Armed Forces and other 

22 activities and agencies of the Department of Defense for ex23 penses, not otherwise provided for, for military personnel, 

24 as specified in the funding table in section 4402. 

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1 SEC. 1506. WORKING CAPITAL FUNDS. 

2 Funds are hereby authorized to be appropriated for fis3 cal year 2013 for the use of the Armed Forces and other 

4 activities and agencies of the Department of Defense for 

5 providing capital for working capital and revolving funds, 

6 as specified in the funding table in section 4502. 

7 SEC. 1507. DEFENSE HEALTH PROGRAM. 

8 Funds are hereby authorized to be appropriated for the 

9 Department of Defense for fiscal year 2013 for expenses, not 

10 otherwise provided for, for the Defense Health Program, as 

11 specified in the funding table in section 4502. 

12 SEC. 1508. DRUG INTERDICTION AND COUNTER-DRUG AC13 TIVITIES, DEFENSE-WIDE. 

14 Funds are hereby authorized to be appropriated for the 

15 Department of Defense for fiscal year 2013 for expenses, not 

16 otherwise provided for, for Drug Interdiction and Counter17 Drug Activities, Defense-wide, as specified in the funding 

18 table in section 4502. 

19 SEC. 1509. DEFENSE INSPECTOR GENERAL. 

20 Funds are hereby authorized to be appropriated for the 

21 Department of Defense for fiscal year 2013 for expenses, not 

22 otherwise provided for, for the Office of the Inspector Gen23 eral of the Department of Defense, as specified in the fund24 ing table in section 4502. 

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1 Subtitle B—Financial Matters 

2 SEC. 1521. TREATMENT AS ADDITIONAL AUTHORIZATIONS. 

3 The amounts authorized to be appropriated by this 

4 title are in addition to amounts otherwise authorized to be 

5 appropriated by this Act. 

6 SEC. 1522. SPECIAL TRANSFER AUTHORITY. 

7 (a) AUTHORITY TO TRANSFER AUTHORIZATIONS.— 

8 (1) AUTHORITY.—Upon determination by the 

9 Secretary of Defense that such action is necessary in 

10 the national interest, the Secretary may transfer 

11 amounts of authorizations made available to the De12 partment of Defense in this title for fiscal year 2013 

13 between any such authorizations for that fiscal year 

14 (or any subdivisions thereof). Amounts of authoriza15 tions so transferred shall be merged with and be 

16 available for the same purposes as the authorization 

17 to which transferred. 

18 (2) LIMITATION.—The total amount of author19 izations that the Secretary may transfer under the 

20 authority of this subsection may not exceed 

21 $3,000,000,000. 

22 (b) TERMS AND CONDITIONS.—Transfers under this 

23 section shall be subject to the same terms and conditions 

24 as transfers under section 1001. 

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1 (c) ADDITIONAL AUTHORITY.—The transfer authority 

2 provided by this section is in addition to the transfer au3 thority provided under section 1001. 

4 Subtitle C—Limitations and Other 

5 Matters 

6 SEC. 1531. JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT 

7 FUND. 

8 (a) USE AND TRANSFER OF FUNDS.—Subsections (b) 

9 and (c) of section 1514 of the John Warner National De10 fense Authorization Act for Fiscal Year 2007 (Public Law 

11 109–364; 120 Stat. 2439), as in effect before the amend12 ments made by section 1503 of the Duncan Hunter Na13 tional Defense Authorization Act for Fiscal Year 2009 (Pub14 lic Law 110–417; 122 Stat. 4649), shall apply to the funds 

15 made available to the Department of Defense for the Joint 

16 Improvised Explosive Device Defeat Fund for fiscal year 

17 2013. In providing prior notice to the congressional defense 

18 committees of the obligation of funds from the Joint Impro19 vised Explosive Device Defeat Fund for such fiscal year, 

20 as required by paragraph (4) of such subsection (c), the Sec21 retary of Defense shall include the market research or asso22 ciated analysis of alternatives conducted in the process of 

23 taking action to initiate any project for which the total obli24 gation of funds from the Fund will exceed $10,000,000. 

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1 (b) MONTHLY OBLIGATIONS AND EXPENDITURE RE2 PORTS.—Not later than 15 days after the end of each month 

3 of fiscal year 2013, the Secretary of Defense shall provide 

4 to the congressional defense committees a report on the 

5 Joint Improvised Explosive Device Defeat Fund explaining 

6 monthly commitments, obligations, and expenditures by 

7 line of action. 

8 SEC. 1532. ONE-YEAR EXTENSION OF PROJECT AUTHORITY 

9 AND RELATED REQUIREMENTS OF TASK 

10 FORCE FOR BUSINESS AND STABILITY OPER11 ATIONS IN AFGHANISTAN. 

12 (a) EXTENSION.—Subsection (a) of section 1535 of the 

13 Ike Skelton National Defense Authorization Act for Fiscal 

14 Year 2011 (Public Law 111–383; 124 Stat. 4426), as 

15 amended by section 1534 of the National Defense Authoriza16 tion Act for Fiscal Year 2012 (Public Law 112–81; 125 

17 Stat. 1658), is further amended— 

18 (1) in paragraph (6), by striking ‘‘October 31, 

19 2011, and October 31, 2012’’ and inserting ‘‘October 

20 31, 2011, October 31, 2012, and October 31, 2013’’; 

21 and 

22 (2) in paragraph (7), by striking ‘‘September 30, 

23 2012’’ and inserting ‘‘September 30, 2013’’. 

24 (b) SCOPE OF PROJECTS.—Paragraph (3) of such sub25 section, as so amended, is further amended— 

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1 (1) by striking ‘‘private investment, mining sec2 tor development, industrial development, and other 

3 projects’’ and inserting ‘‘mining and natural resource 

4 industry development’’; and 

5 (2) by striking ‘‘focus on improving the commer6 cial viability of’’ and inserting ‘‘complement’’. 

7 (c) FUNDING.—Paragraph (4) of such subsection, as 

8 so amended, is further amended— 

9 (1) by striking ‘‘The Secretary’’ and inserting 

10 the following: 

11 ‘‘(A) IN GENERAL.—The Secretary’’. 

12 (2) by striking ‘‘The amount’’ and all that fol13 lows through ‘‘appropriate congressional committees.’’ 

14 and inserting the following: 

15 ‘‘(B) LIMITATION.—The amount of funds 

16 used under authority of subparagraph (A)— 

17 ‘‘(i) may not exceed $150,000,000 for 

18 fiscal year 2012, except that not more than 

19 50 percent of such amount may be obligated 

20 until the plan required by subsection (b) is 

21 submitted to the appropriate congressional 

22 committees; and 

23 ‘‘(ii) may not exceed $50,000,000 for 

24 fiscal year 2013, except that no such funds 

25 may be obligated until the Secretary notifies 

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1 the appropriate congressional committees 

2 that the activities of the Task Force for 

3 Business and Stability Operations in Af4 ghanistan will be transitioned to the De5 partment of State by September 30, 2013.’’; 

6 and 

7 (3) by striking ‘‘The funds’’ and inserting the 

8 following: 

9 ‘‘(C) AVAILABILITY.—The funds’’. 

10 SEC. 1533. LIMITATIONS ON AVAILABILITY OF FUNDS IN AF11 GHANISTAN SECURITY FORCES FUND. 

12 (a) CONTINUATION OF EXISTING LIMITATIONS ON

13 AVAILABILITY OF FUNDS IN AFGHANISTAN SECURITY

14 FORCES FUND.—Funds available to the Department of De15 fense for the Afghanistan Security Forces Fund for fiscal 

16 year 2013 shall be subject to the conditions contained in 

17 subsections (b) through (g) of section 1513 of the National 

18 Defense Authorization Act for Fiscal Year 2008 (Public 

19 Law 110–181; 122 Stat. 428), as amended by section 

20 1531(b) of the Ike Skelton National Defense Authorization 

21 Act for Fiscal Year 2011 (Public Law 111–383; 124 Stat. 

22 4424). 

23 (b) AFGHAN PUBLIC PROTECTION FORCE.— 

24 (1) LIMITATION.—None of the funds available to 

25 the Department of Defense for fiscal year 2013 for the 

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1 Afghanistan Security Forces Fund may be obligated 

2 or expended for the Afghan Public Protection Force 

3 (in this subsection referred to as the ‘‘APPF’’) until 

4 the Secretary of Defense certifies in writing to the 

5 congressional defense committees the following: 

6 (A) Each subcontract, task order, or deliv7 ery order entered into with the APPF under a 

8 contract of the Department of Defense, or any 

9 agreement between the United States and Af10 ghanistan for services of the APPF for the De11 partment of Defense, will include— 

12 (i) standard format, content, and li13 ability clauses to ensure consistent levels of 

14 security and dispute resolution mechanisms; 

15 (ii) a requirement for members of the 

16 APPF to adhere to the APPF Code of Con17 duct, including principles of conduct for 

18 such personnel, minimum vetting require19 ments, and management and oversight com20 mitments; 

21 (iii) authority for the prime contractor 

22 or, in the case of an agreement, the United 

23 States, to independently conduct biometric 

24 screening; 

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1 (iv) authority for the prime contractor 

2 or, in the case of an agreement, the United 

3 States— 

4 (I) to direct the APPF, at its own 

5 expense, to remove or replace any per6 sonnel performing on a subcontract or 

7 such agreement who fail to meet the 

8 APPF Code of Conduct or terms of 

9 such subcontract or agreement; and 

10 (II) to terminate the subcontract 

11 or such agreement, if the failure to 

12 comply is a gross violation or is re13 peated; and 

14 (v) authority for the Commander, 

15 International Security Assistance Force (or 

16 his designee)— 

17 (I) to provide an arming author18 ization for APPF personnel authorized 

19 to perform activities at a military in20 stallation or facility in Afghanistan at 

21 which members of the Armed Forces 

22 deployed to Afghanistan are garrisoned 

23 or housed; 

24 (II) to account for and keep ap25 propriate records of APPF personnel 

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1 authorized to perform activities at a 

2 military installation or facility in Af3 ghanistan at which members of the 

4 Armed Forces deployed to Afghanistan 

5 are garrisoned or housed, including on 

6 a database referred to as the Syn7 chronized Predeployment and Oper8 ational Tracker; and 

9 (III) to consult with the Minister 

10 of Interior of Afghanistan regarding 

11 rules on the use of force for APPF per12 sonnel. 

13 (B) The Minister of Interior of Afghanistan 

14 is committed to ensuring that sufficient numbers 

15 of APPF personnel are trained to match demand 

16 and attrition. 

17 (C) Sufficient clarity exists with regard to 

18 command and control of APPF personnel and 

19 the role of risk management consultants. 

20 (D) The program established pursuant to 

21 section 1225 of the National Defense Authoriza22 tion Act for Fiscal Year 2010 (Public Law 111– 

23 84; 22 U.S.C. 2785 note) is sufficient to— 

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1 ment-owned defense articles to the APPF; 

2 and 

3 (ii) conduct end-use monitoring, in4 cluding an inventory of the existence and 

5 completeness of any such defense articles; 

6 (E) Mechanisms are in place to ensure that 

7 there is no additional cost to the United States 

8 for— 

9 (i) a weapon used in the performance 

10 of APPF services under a subcontract of a 

11 contract of the Department of Defense, or 

12 through an agreement between the United 

13 States and Afghanistan, if such a weapon is 

14 a United States Government-owned weapon; 

15 and 

16 (ii) any assistance also provided 

17 through the Afghan Security Forces Fund 

18 for support to APPF. 

19 (F) The Minister of Interior of Afghanistan 

20 has established the elements required by subpara21 graphs (A) through (F) of section 862(a)(2) of 

22 the National Defense Authorization Act for Fis23 cal Year 2008 (Public Law 110–181). For pur24 poses of the preceding sentence, the terms ‘‘per25 sonnel performing private security functions in 

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1 an area of combat operations or other significant 

2 military operations’’, ‘‘contractor’’, and ‘‘con3 tractor personnel’’, as used in section 862 of such 

4 Act, mean members of the APPF. 

5 (G) The Secretary is confident the security 

6 provided to supply convoys, to Department of 

7 Defense construction projects, and to Armed 

8 Forces deployed to Afghanistan will not be de9 graded. 

10 (2) ADDITIONAL LIMITATION.—None of the funds 

11 available to the Department of Defense for fiscal year 

12 2013 for the Afghanistan Security Forces Fund may 

13 be obligated or expended for infrastructure improve14 ments at a APPF training center. 

15 (3) QUARTERLY REPORTS.— 

16 (A) ASSESSMENT REQUIRED.—Each fiscal 

17 year quarter during fiscal years 2013 and 2014, 

18 the Secretary of Defense shall conduct an assess19 ment of the APPF. 

20 (B) REPORTS.—Thirty days following the 

21 end of each quarter of fiscal years 2013 and 

22 2014, the Secretary shall submit a report to the 

23 congressional defense committees of each assess24 ment conducted under subparagraph (A). 

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1 (C) MATTERS COVERED.—Each such report 

2 shall include— 

3 (i) a detailed assessment of the ability 

4 of the APPF to perform the essential tasks 

5 identified by the assessment team; 

6 (ii) an identification and evaluation of 

7 measures of effectiveness, 

8 (iii) a description of the size of the 

9 APPF and an assessment of the sufficiency 

10 of its recruiting and training; and 

11 (iv) a discussion of the issues the Sec12 retary considers significant, and any rec13 ommendations to address those issues or 

14 other recommendations to improve future 

15 performance of the APPF, as the Secretary 

16 considers appropriate. 

17 (D) FIRST REPORT.—The first quarterly re18 port submitted after the date of the enactment of 

19 this Act shall include an estimate of the cost to 

20 the Department of Defense of the APPF, includ21 ing funds within the Afghan Security Forces 

22 Fund and estimated contractual costs for fiscal 

23 years 2013 and 2014. 

24 (E) A report submitted following the end of 

25 the second and fourth quarter of a fiscal year 

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1 shall include a comparison of the cost to the De2 partment of Defense (both direct and to contrac3 tors of the Department of Defense) for the pre4 ceding six months of— 

5 (i) the use of the APPF; and 

6 (ii) the historical use of private secu7 rity contractors for a similar six-month pe8 riod. 

9 (4) AGREEMENTS.—The Secretary shall submit 

10 to the congressional defense committees a copy of each 

11 agreement signed by the United States and Afghani12 stan for services of the APPF for the Department of 

13 Defense during the first six months following the date 

14 of the enactment of this Act. 

15 TITLE XVI—INDUSTRIAL BASE 

16 MATTERS 

17 Subtitle A—Defense Industrial Base 

18 Matters 

19 SEC. 1601. DISESTABLISHMENT OF DEFENSE MATERIEL 

20 READINESS BOARD. 

21 (a) DISESTABLISHMENT OF BOARD.—The Defense Ma22 teriel Readiness Board established pursuant to section 871 

23 of the National Defense Authorization Act for Fiscal Year 

24 2008 (Public Law 110-181; 10 U.S.C. 117 note) is hereby 

25 disestablished. 

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1 (b) TERMINATION OF DEFENSE STRATEGIC READI2 NESS FUND.—The Defense Strategic Readiness Fund estab3 lished by section 872(d) of the National Defense Authoriza4 tion Act for Fiscal Year 2008 (Public Law 110-181; 10 

5 U.S.C. 117 note) is hereby closed. 

6 (c) REPEAL.—Subtitle G of title VIII of the National 

7 Defense Authorization Act for Fiscal Year 2008 (Public 

8 Law 110-181; 10 U.S.C. 117 note) is repealed. 

9 SEC. 1602. ASSESSMENT OF EFFECTS OF FOREIGN BOY10 COTTS. 

11 Section 2505 of title 10, United States Code, is amend12 ed— 

13 (1) by redesignating subsection (d) as subsection 

14 (e); and 

15 (2) by inserting after subsection (c) the following 

16 new subsection (d): 

17 ‘‘(d) ASSESSMENT OF EXTENT OF EFFECTS OF FOR18 EIGN BOYCOTTS.—Each assessment under subsection (a) 

19 shall include a separate discussion and presentation regard20 ing the extent to which the national technology and indus21 trial base is affected by foreign boycotts. The discussion and 

22 presentation regarding foreign boycotts shall— 

23 ‘‘(1) identify sectors of the national technology 

24 and industrial base being affected by foreign boycotts; 

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1 ‘‘(2) assess the harm to the national technology 

2 and industrial base as a result of such boycotts; and 

3 ‘‘(3) identify actions necessary to minimize the 

4 effects of foreign boycotts on the national technology 

5 and industrial base.’’. 

6 SEC. 1603. ADVANCING INNOVATION PILOT PROGRAM. 

7 (a) PILOT PROGRAM.—The Secretary of Defense, act8 ing through the Assistant Secretary of Defense for Research 

9 and Engineering, may establish and implement a pilot pro10 gram, to be known as the ‘‘Advancing Innovation Pilot Pro11 gram’’, in furtherance of the national security objectives in 

12 section 2501(a) of title 10, United States Code. 

13 (b) PURPOSE.—The purpose of the pilot program is 

14 to accelerate development and fielding of research innova15 tions from qualifying institutions. 

16 (c) AVAILABILITY OF FUNDS.—Of the funds authorized 

17 and appropriated, or otherwise made available, for re18 search, development, test and evaluation, the Secretary may 

19 allocate funding to qualifying institutions in accordance 

20 with this subsection. Such funding shall be used to evaluate 

21 the potential of fielding or commercialization of existing 

22 discoveries, including— 

23 (1) proof of concept research or prototype devel24 opment; and 

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1 (2) activities that contribute to determining a 

2 project’s path to fielding or commercialization of 

3 dual-use technologies, including technical validations, 

4 market research, determination of intellectual prop5 erty rights, and investigating military or commercial 

6 opportunities. 

7 (d) IMPLEMENTATION.—Prior to obligation or execu8 tion of funding under the pilot program, the Secretary shall 

9 develop and issue guidance to implement the pilot program. 

10 Such guidance shall, at a minimum— 

11 (1) require that funding allocated under the pilot 

12 program shall be done using a competitive, merit13 based process; 

14 (2) ensure that qualifying institutions establish a 

15 rigorous, diverse review board for program execution 

16 that shall be comprised of experts in translational 

17 and proof of concept research, including representa18 tives that provide expertise in transitioning tech19 nology, financing mechanisms, intellectual property 

20 rights, and advancement of small business concerns; 

21 (3) ensure that technology validation milestones 

22 are established; and 

23 (4) enable the Assistant Secretary to reallocate 

24 funding with the pilot program from poor performing 

25 projects to those with more potential. 

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1 (e) LIMITATION.—Funding made available under the 

2 pilot program shall not be used for basic research, or to 

3 fund the acquisition of research equipment or supplies not 

4 directly related to fielding activities to meet military re5 quirements or commercialization of dual-use technologies. 

6 (f) REPORT.—Not later than 90 days after the comple7 tion of the pilot program, the Secretary shall submit to the 

8 congressional defense committees a report evaluating the ef9 fectiveness of the activities of the pilot program. The report 

10 shall include— 

11 (1) a detailed description of the execution of the 

12 pilot program, including incentives and activities un13 dertaken by review board experts; 

14 (2) an accounting of the funds used in the pilot 

15 program; 

16 (3) a detailed description of the institutional 

17 and proposal selection process; 

18 (4) a detailed compilation of results achieved by 

19 the pilot program; 

20 (5) an analysis of the program’s effectiveness, 

21 with data supporting the analysis; and 

22 (6) recommendations for advancing innovation 

23 and otherwise improving the transition of technology 

24 to meet Department of Defense requirements. 

25 (g) DEFINITIONS.—In this section: 

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1 (1) QUALIFYING INSTITUTION.—The term ‘‘quali2 fying institution’’ means any entity at which research 

3 and development activities are conducted and that 

4 has past performance in technology transition or com5 mercialization of third-party research, including— 

6 (A) an institution of higher education or 

7 other nonprofit entity; and 

8 (B) a for-profit entity. 

9 (2) RESEARCHER.—The term ‘‘researcher’’ 

10 means a university or Federal laboratory that con11 ducts basic research. 

12 (3) INSTITUTION OF HIGHER EDUCATION.—The 

13 term ‘‘institution of higher education’’ has the mean14 ing given such term in section 101 of the Higher Edu15 cation Act of 1965. 

16 (4) DUAL-USE.—The term ‘‘dual-use’’ has the 

17 meaning provided in section 2500(2) of title 10, 

18 United States Code. 

19 (h) TERMINATION.—The pilot program conducted 

20 under this section shall terminate on September 30, 2017. 

21 SEC. 1604. NATIONAL SECURITY STRATEGY FOR NATIONAL 

22 TECHNOLOGY AND INDUSTRIAL BASE. 

23 (a) REQUIREMENT FOR STRATEGY.— 

24 (1) IN GENERAL.—Section 2501 of title 10, 

25 United States Code, is amended as follows: 

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1 (A) The section heading is amended by 

2 striking ‘‘objectives concerning’’ and in3 serting ‘‘strategy for’’. 

4 (B) Subsection (a) is amended— 

5 (i) in the subsection heading, by strik6 ing ‘‘OBJECTIVES’’ and inserting ‘‘STRAT7 EGY’’; 

8 (ii) by striking ‘‘It is the policy of’’ 

9 and all that follows through ‘‘objectives:’’ 

10 and inserting the following: ‘‘The Secretary 

11 of Defense shall develop a national security 

12 strategy for the national technology and in13 dustrial base. Such strategy shall be based 

14 on a prioritized assessment of risks and 

15 challenges to the defense supply chain and 

16 shall ensure that the national technology 

17 and industrial base is capable of achieving 

18 the following national security objectives:’’; 

19 and 

20 (iii) by adding at the end the following 

21 new paragraph: 

22 ‘‘(9) Ensuring reliable sources of materials that 

23 are critical to national security, such as specialty 

24 metals, armor plate and rare earth elements. 

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1 ‘‘(10) Reducing, to the maximum extent prac2 ticable, the presence of counterfeit parts in the supply 

3 chain and the risk associated with such parts.’’. 

4 (2) CLERICAL AMENDMENT.—The item relating 

5 to section 2501 in the table of sections at the begin6 ning of subchapter II of chapter 148 of such title is 

7 amended to read as follows: 

‘‘2501. National security strategy for national technology and industrial base.’’. 

8 (b) AMENDMENT TO ANNUAL REPORT RELATING TO

9 DEFENSE INDUSTRIAL BASE.—Section 2504 of such title 

10 is amended— 

11 (1) by striking paragraph (2); 

12 (2) by redesignating paragraph (3) as para13 graph (2); and 

14 (3) by inserting after paragraph (2) (as so redes15 ignated) the following new paragraph (3): 

16 ‘‘(3) Based on the assessments prepared pursuant 

17 to section 2505 of this title— 

18 ‘‘(A) a description of any mitigation strate19 gies necessary to address any gaps or 

20 vulnerabilities in the national technology and 

21 industrial base; and 

22 ‘‘(B) any other steps necessary to foster and 

23 safeguard the national technology and industrial 

24 base.’’. 

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1 (c) REQUIREMENT FOR CONSIDERATION OF STRATEGY

2 IN ACQUISITION PLANS.—Section 2440 of such title is 

3 amended by inserting after ‘‘base’’ the following: ‘‘, in ac4 cordance with the strategy required by section 2501 of this 

5 title,’’. 

6 (d) CONFORMING AMENDMENTS.—Section 852 of the 

7 National Defense Authorization Act for Fiscal Year 2012 

8 (Public Law 112–81; 125 Stat. 1517; 10 U.S.C. 2504 note) 

9 is amended— 

10 (1) by striking subsection (c); and 

11 (2) by redesignating subsection (d) as subsection 

12 (c), and in that subsection by striking ‘‘subsection 

13 (c).’’ in the first sentence and inserting ‘‘section 2501 

14 of title 10, United States Code.’’. 

15 Subtitle B—Department of Defense 

16 Activities Related to Small Busi17 ness Matters 

18 SEC. 1611. PILOT PROGRAM TO ASSIST IN THE GROWTH 

19 AND DEVELOPMENT OF ADVANCED SMALL 

20 BUSINESS CONCERNS. 

21 (a) ESTABLISHMENT OF PILOT PROGRAM.—The Sec22 retary of Defense shall establish a pilot program within the 

23 Department of Defense to assist in the growth and develop24 ment of advanced small business concerns in accordance 

25 with this section. 

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1 (b) REQUIREMENTS OF PILOT PROGRAM.— 

2 (1) RESTRICTED COMPETITION FOR CERTAIN

3 CONTRACTS.—Under the pilot program and except as 

4 provided under paragraph (2)(B), competition for 

5 contract awards may be restricted to advanced small 

6 business concerns if— 

7 (A) the anticipated award price of the con8 tract (including options) is reasonably expected 

9 to exceed $25,000,000; 

10 (B) the Procurement Center Representative 

11 of the Small Business Administration or the Di12 rector of Small Business Programs of the De13 partment of Defense determines that, if the con14 tract were not awarded under the pilot program, 

15 the contract would likely be awarded to an entity 

16 other than a small business concern; 

17 (C) there is a reasonable expectation that at 

18 least two advanced small business concerns will 

19 submit offers with respect to the contract; 

20 (D) such advanced small business concerns 

21 agree to the requirements specified in section 

22 15(o) of the Small Business Act (15 U.S.C. 

23 644(o)) (relating to percentage of work under the 

24 contract to be performed by the concern), except 

25 that work performed by other advanced small 

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1 business concerns or by small business concerns 

2 shall be considered as work performed by the 

3 prime contractor for purposes of such require4 ments; and 

5 (E) the contract award can be made at a 

6 fair market price. 

7 (2) ELIGIBILITY.— 

8 (A) ADVANCED SMALL BUSINESS CON9 CERN.—An entity shall be considered an ad10 vanced small business concern and eligible for 

11 participation in the pilot program if the enti12 ty— 

13 (i) is independently owned and oper14 ated and is not dominant in its field of op15 eration; and 

16 (ii) has fewer than— 

17 (I) twice the number of employees 

18 the Small Business Administration has 

19 assigned as a size standard to the 

20 North American Industrial Classifica21 tion Standard code in which the entity 

22 is operating; or 

23 (II) three times the average an24 nual receipts the Small Business Ad25 ministration has assigned as a size 

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1 standard to the North American Indus2 trial Classification Standard code in 

3 which the entity is operating. 

4 (B) SMALL BUSINESS CONCERN.—Notwith5 standing paragraph (1), a small business con6 cern may submit an offer for any contract under 

7 the pilot program. 

8 (3) CONSIDERATION AND NOTICE TO PUBLIC.— 

9 With respect to a contract opportunity determined to 

10 meet the criteria specified in paragraph (1), a con11 tracting officer for the Department of Defense 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 the 

18 Federal Acquisition Regulation and other appli19 cable 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 

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1 vestment Act of 1958 22 (15 U.S.C. 661 et seq.), 

2 unless eligibility is expressly provided through 

3 the pilot program established by this Act, and 

4 contracts awarded pursuant to the pilot program 

5 shall not be counted toward the achievement of 

6 the small business prime or subcontracting goals 

7 established by the Small Business Act (15 U.S.C. 

8 644). 

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 Act 

12 (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 Programs 

16 to provide assistance to advanced small business 

17 concerns or to advocate for the restriction of com18 petition to advanced small business concerns. 

19 (c) IMPLEMENTATION.—Not later than 180 days after 

20 the date of the enactment of this Act, the Secretary of De21 fense, in consultation with the Administrator of the Small 

22 Business Administration, shall develop and issue guidance 

23 to implement the pilot program. The guidance shall— 

24 (1) identify criteria under which the pilot pro25 gram is evaluated, including a methodology to collect 

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1 data during the course of the pilot program to facili2 tate an assessment at the conclusion of the pilot pro3 gram; 

4 (2) permit a self-certification for eligibility for 

5 participation in the pilot program; 

6 (3) ensure that any self-certification requires the 

7 concern involved to meet the requirements of the 

8 Small Business Administration regarding ownership, 

9 control, and affiliation (as set forth in section 

10 121.103 of title 13 of the Code of Federal Regula11 tions); 

12 (4) establish an appeals process to handle chal13 lenges to self-certifications of advanced small business 

14 concerns, with the certification of eligibility residing 

15 with the Small Business Administration’s Office of 

16 Hearings and Appeals; 

17 (5) identify a method to reimburse the Small 

18 Business Administration for additional costs to the 

19 Administration relating to such self-certifications; 

20 (6) establish a methodology for identifying and 

21 tracking program participants, including reporting 

22 on contracts awarded to program participants using 

23 the Federal Procurement Data System; and 

24 (7) ensure that the pilot program does not super25 sede goals or programs authorized by the Small Busimstockstill on DSK4VPTVN1PROD with BILLS

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1 ness Act (15 U.S.C. 637 et seq.) or the Small Business 

2 Investment Act of 1958 22 (15 U.S.C. 661 et seq.) or 

3 count toward the achievement of the small business 

4 prime or subcontracting goals established by the 

5 Small Business Act (15 U.S.C. 644). 

6 (d) REPORT TO CONGRESS.—Not later than one year 

7 after the date of the enactment of this Act, and annually 

8 thereafter for the duration of the pilot program, the Sec9 retary of Defense shall submit to the appropriate congres10 sional committees a report on the pilot program that in11 cludes each of the following: 

12 (1) The number of contracts awarded in the 

13 prior year under the pilot program. 

14 (2) The value of the contracts awarded under the 

15 pilot program and a description of the work carried 

16 out under such contracts. 

17 (3) The number of program participants under 

18 the pilot program. 

19 (4) An assessment of the success of the pilot pro20 gram based on the criteria described in subsection 

21 (c)(1). 

22 (5) Such recommendations as the Secretary con23 siders appropriate, including a recommendation re24 garding whether to extend the pilot program or termi25 nate it early. 

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1 (e) TERMINATION.—The pilot program shall terminate 

2 on the date that is three years after the date on which the 

3 guidance for the pilot program is issued pursuant to sub4 section (c). 

5 (f) DEFINITIONS.—In this section: 

6 (1) ADVANCED SMALL BUSINESS CONCERN.—The 

7 term ‘‘advanced small business concern’’ means an 

8 entity that meets the requirements specified in sub9 section (b)(2)(A). 

10 (2) APPROPRIATE CONGRESSIONAL COMMIT11 TEES.—The term ‘‘appropriate congressional commit12 tees’’ means each of the following: 

13 (A) The Committees on Armed Services and 

14 on Small Business and Entrepreneurship of the 

15 Senate. 

16 (B) The Committees on Armed Services and 

17 on Small Business of the House of Representa18 tives. 

19 (3) OFFICE OF SMALL BUSINESS PROGRAMS.— 

20 The term ‘‘Office of Small Business Programs’’ means 

21 the Office of Small Business Programs described in 

22 section 144(b) of title 10, United States Code. 

23 (4) PILOT PROGRAM.—The term ‘‘pilot program’’ 

24 means the program established by the Secretary of 

25 Defense under subsection (a). 

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1 (5) PROCUREMENT CENTER REPRESENTATIVE.— 

2 The term ‘‘Procurement Center Representative’’ has 

3 the meaning provided in section 15 of the Small 

4 Business Act (15 U.S.C. 644). 

5 (6) SMALL BUSINESS CONCERN.—The term 

6 ‘‘small business concern’’ has the meaning provided 

7 under section 3(a) of the Small Business Act (15 

8 U.S.C. 632(a)). 

9 SEC. 1612. ROLE OF THE DIRECTORS OF SMALL BUSINESS 

10 PROGRAMS IN REQUIREMENTS DEVELOP11 MENT AND ACQUISITION DECISION PROC12 ESSES OF THE DEPARTMENT OF DEFENSE. 

13 (a) GUIDANCE REQUIRED.—The Secretary of Defense 

14 shall develop and issue guidance to ensure that the head 

15 of each Office of Small Business Programs in the Depart16 ment of Defense is a participant in requirements develop17 ment and acquisition decision processes— 

18 (1) of the Department, in the case of the Director 

19 of Small Business Programs in the Department of 

20 Defense; and 

21 (2) of the military department concerned, in the 

22 case of the Director of Small Business Programs in 

23 the Department of the Army, in the Department of 

24 the Navy, and in the Department of the Air Force. 

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1 (b) MATTERS TO BE INCLUDED.—Such guidance shall, 

2 at a minimum— 

3 (1) require the Director of Small Business Pro4 grams in the Department of Defense— 

5 (A) to serve as an advisor to the Defense Ac6 quisition Board; and 

7 (B) to serve as an advisor to the Informa8 tion Technology Acquisition Board; and 

9 (2) require coordination between the chiefs of the 

10 Armed Forces and the service acquisition executives, 

11 as appropriate (or their designees), and the Director 

12 of Small Business Programs in each military depart13 ment during the process for approval of— 

14 (A) a requirements document, as defined in 

15 section 2547 of title 10, United States Code; and 

16 (B) acquisition strategies or plans. 

17 SEC. 1613. SMALL BUSINESS ADVOCATE FOR DEFENSE 

18 AUDIT AGENCIES. 

19 (a) SMALL BUSINESS ADVOCATE.—Subchapter II of 

20 chapter 8 of title 10, United States Code, is amended by 

21 adding at the end the following new section: 

22 ‘‘§ 204. Small Business Advocate for defense audit 

23 agencies 

24 ‘‘(a) SMALL BUSINESS ADVOCATE.—The Secretary of 

25 Defense shall designate within each defense audit agency 

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1 an official as the Small Business Advocate to have the du2 ties described in subsection (b) and such other responsibil3 ities as may be determined by the Secretary. 

4 ‘‘(b) DUTIES.—The Small Business Advocate at a de5 fense audit agency shall— 

6 ‘‘(1) advise the Director of the defense audit 

7 agency on all issues related to small business con8 cerns; 

9 ‘‘(2) serve as the defense audit agency’s primary 

10 point of contact and source of information for small 

11 business concerns; and 

12 ‘‘(3) collect relevant data and monitor the de13 fense audit agency’s conduct of audits of small busi14 ness concerns, including— 

15 ‘‘(A) monitoring the timeliness of audit 

16 closeouts for small business concerns; and 

17 ‘‘(B) monitoring the responsiveness of the 

18 agency to issues or other matters raised by small 

19 business concerns; and 

20 ‘‘(4) develop and implement processes and proce21 dures to improve the performance of the defense audit 

22 agency related to the timeliness of audits of small 

23 business concerns and the responsiveness of the agency 

24 to issues or other matters raised by small business 

25 concerns. 

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1 ‘‘(c) DEFENSE AUDIT AGENCY DEFINED.—In this sec2 tion, the term ‘defense audit agency’ means the Defense Con3 tract Audit Agency and the Defense Contract Management 

4 Agency.’’. 

5 (b) CLERICAL AMENDMENT.—The table of sections at 

6 the beginning of chapter 8 of such title is amended by in7 serting after the item relating to section 203 the following 

8 new item: 

‘‘204. Small Business Advocate for defense audit agencies.’’. 

9 SEC. 1614. INDEPENDENT ASSESSMENT OF FEDERAL PRO10 CUREMENT CONTRACTING PERFORMANCE OF 

11 THE DEPARTMENT OF DEFENSE. 

12 (a) ASSESSMENT REQUIRED.—Not later than 60 days 

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

14 of Defense shall enter into a contract with a federally fund15 ed research and development center to conduct an inde16 pendent assessment of the Department’s procurement per17 formance related to small business concerns. 

18 (b) MATTERS COVERED.—The assessment under sub19 section (a) shall, at a minimum, include— 

20 (1) a description of the industrial composition of 

21 companies receiving subcontracts pursuant to the test 

22 program for the negotiation of comprehensive small 

23 business subcontracting plans pursuant to section 834 

24 of the National Defense Authorization Act for Fiscal 

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1 Years 1990 and 1991 (Public Law 101–189; 15 

2 U.S.C. 637 note); 

3 (2) a comparison of the industrial composition 

4 of prime contractors participating in such test pro5 gram and the industrial composition of all prime 

6 contractors of the Department of Defense; 

7 (3) a determination of barriers to accurately 

8 capturing data on small business prime contracting 

9 and subcontracting, including an examination of the 

10 reliability of the information technology systems of 

11 the Department that are used to track such data; 

12 (4) recommendations for improving the quality 

13 and availability of data regarding small business 

14 prime contracting and subcontracting performance; 

15 (5) recommendations to improve and inform ne16 gotiations regarding small business contract goals for 

17 the Department; 

18 (6) an examination of the execution of small 

19 business subcontracting plans, including an assess20 ment of the degree to which initial teaming agree21 ments are not maintained through the performance of 

22 contracts; 

23 (7) an examination of the extent to which the 

24 Department adheres to current policies and guidelines 

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1 relating to small business prime contracting and sub2 contracting goals; 

3 (8) recommendations for increasing opportuni4 ties for small business concerns owned and controlled 

5 by service-disabled veterans (as defined by section 

6 3(q) of the Small Business Act (15 U.S.C. 632(q)) to 

7 do business with the Department of Defense; 

8 (9) an examination of the extent to which the 

9 Department bundles, consolidates, or otherwise groups 

10 requirements into contracts that are unsuitable for 

11 award to small businesses, and the effects that such 

12 practices have on small business participation; 

13 (10) recommendations for increasing small busi14 ness prime contracting and subcontracting opportuni15 ties with the Department; and 

16 (11) recommendations for steps that can be taken 

17 to prevent abuses and ensuring that small business 

18 contracts are in fact going to small businesses. 

19 (c) REPORT.—Not later than January 1, 2014, the 

20 Secretary shall submit to the congressional defense commit21 tees a report on the independent assessment conducted 

22 under this section. 

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1 SEC. 1615. ASSESSMENT OF SMALL BUSINESS PROGRAMS 

2 TRANSITION. 

3 (a) INDEPENDENT REVIEW AND ASSESSMENT.—Not 

4 later than 30 days after the date of the enactment of this 

5 Act, the Secretary of Defense shall select an appropriate en6 tity outside the Department of Defense to conduct an inde7 pendent review and assessment of the transition of tech8 nologies developed by small business, such as those developed 

9 under the Small Business Innovation Research Program, 

10 into major weapon systems and major automated informa11 tion systems for the Department of Defense. 

12 (b) ELEMENTS.—The review and assessment required 

13 by subsection (a) shall include the following: 

14 (1) An analysis of a representative sample of 

15 major weapon systems and major automated informa16 tion systems to determine the content of the systems 

17 from small businesses, including components 

18 transitioned from the Small Business Innovation Re19 search Program. 

20 (2) An analysis of established or ad hoc processes 

21 to allow program offices to monitor, evaluate, and 

22 transition small business-developed technologies into 

23 their program. 

24 (3) Recommendations for developing a system25 atic and sustained process for monitoring, evaluating, 

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1 nologies for use by the entire defense acquisition sys2 tem of the Department of Defense, including data col3 lection and measures of effectiveness and performance. 

4 (c) REPORT.— 

5 (1) REPORT REQUIRED.—Not later than 120 

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

7 entity conducting the review and assessment under 

8 subsection (a) shall submit to the Secretary and the 

9 congressional defense committees a report con10 taining— 

11 (A) the results of the review and assessment; 

12 and 

13 (B) recommendations for improving the 

14 process for managing the transition and integra15 tion of technologies developed by small business 

16 (including under the Small Business Innovation 

17 Research Program) into major weapons systems 

18 and major automated information systems. 

19 (2) ADDITIONAL EVALUATION REQUIRED.—Not 

20 later than 30 days after the date on which the con21 gressional defense committees receive the report re22 quired by paragraph (1), the Secretary shall submit 

23 to such committees an evaluation by the Secretary of 

24 the results and recommendations contained in such 

25 report. 

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1 (d) SBIR PROGRAM DEFINED.—In this section, the 

2 term ‘‘Small Business Innovation Research Program’’ has 

3 the meaning provided such term by section 2500(11) of title 

4 10, United States Code. 

5 SEC. 1616. ADDITIONAL RESPONSIBILITIES OF INSPECTOR 

6 GENERAL OF THE DEPARTMENT OF DEFENSE. 

7 (a) REQUIREMENT FOR PEER REVIEWS.—Section 8(c) 

8 of the Inspector General Act of 1978 (5 U.S.C. App.) is 

9 amended— 

10 (1) by striking ‘‘and’’ at the end of paragraph 

11 (8); 

12 (2) by striking the period and inserting ‘‘; and’’ 

13 at the end of paragraph (9); and 

14 (3) by adding at the end the following new para15 graph: 

16 ‘‘(10) conduct peer reviews of Department of De17 fense audit agencies in accordance with and in such 

18 frequency as provided by Government auditing stand19 ards as established by the Comptroller General of the 

20 United States.’’. 

21 (b) REQUIREMENT FOR ADDITIONAL INFORMATION IN

22 SEMIANNUAL REPORTS.—Section 8(f) of such Act is amend23 ed by striking paragraph (1) and inserting the following: 

24 ‘‘(1) Each semiannual report prepared by the Inspec25 tor General of the Department of Defense under section 5(a) 

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1 shall be transmitted by the Secretary of Defense to the Com2 mittees on Armed Services and on Homeland Security and 

3 Governmental Affairs of the Senate and the Committees on 

4 Armed Services and on Oversight and Government Reform 

5 of the House of Representatives and to other appropriate 

6 committees or subcommittees of Congress. Each such report 

7 shall include— 

8 ‘‘(A) information concerning the numbers and 

9 types of contract audits conducted by the Department 

10 during the reporting period; and 

11 ‘‘(B) information concerning any Department of 

12 Defense audit agency that, during the reporting pe13 riod, has either failed an audit or is overdue for a 

14 peer review required to be conducted in accordance 

15 with subsection (c)(10).’’. 

16 SEC. 1617. RESTORATION OF 1 PERCENT FUNDING FOR AD17 MINISTRATIVE EXPENSES OF COMMER18 CIALIZATION READINESS PROGRAM OF DE19 PARTMENT OF DEFENSE. 

20 (a) RESTORATION.—Section 9(y) of the Small Busi21 ness Act (15 U.S.C. 638(y)), as amended by section 

22 5141(b)(1)(B) of the National Defense Authorization Act for 

23 Fiscal Year 2012 (Public Law 112–81; 125 Stat. 1853) is 

24 amended— 

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1 (1) by redesignating paragraphs (4) and (5) as 

2 paragraphs (5) and (6), respectively; and 

3 (2) by inserting after paragraph (3) the fol4 lowing new paragraph (4): 

5 ‘‘(4) FUNDING.—For payment of expenses in6 curred to administer the Commercialization Readi7 ness Program under this subsection, the Secretary of 

8 Defense and each Secretary of a military department 

9 is authorized to use not more than an amount equal 

10 to 1 percent of the funds available to the Department 

11 of Defense or the military department pursuant to the 

12 Small Business Innovation Research Program. Such 

13 funds shall not be used to make Phase III awards.’’. 

14 (b) TECHNICAL AMENDMENT.—Section 5141(b)(3)(B) 

15 of the National Defense Authorization Act for Fiscal Year 

16 2012 (Public Law 112–81; 125 Stat. 1854) is amended— 

17 (1) by striking ‘‘subsection (y)—’’ and all that 

18 follows through ‘‘the following:’’ and inserting ‘‘sub19 section (y), by amending paragraph (4) to read as 

20 follows:’’ 

21 (c) EFFECTIVE DATE.—The amendments made by this 

22 section shall take effect as of January 1, 2012. 

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1 Subtitle C—Matters Relating to 

2 Small Business Concerns 

3 PART I —PROCUREMENT CENTER 

4 REPRESENTATIVES 

5 SEC. 1621. PROCUREMENT CENTER REPRESENTATIVES. 

6 (a) IN GENERAL.—Section 15(l) of the Small Business 

7 Act (15 U.S.C. 644(l)) is amended by striking the subsection 

8 enumerator and inserting the following: 

9 ‘‘(l) PROCUREMENT CENTER REPRESENTATIVES.—’’. 

10 (b) ASSIGNMENT AND ROLE.—Paragraph (1) of section 

11 15(l) of such Act (15 U.S.C. 644(l)) is amended to read 

12 as follows: 

13 ‘‘(1) ASSIGNMENT AND ROLE.—The Adminis14 trator shall assign to each major procurement center 

15 a procurement center representative with such assist16 ance as may be appropriate.’’. 

17 (c) ACTIVITIES.—Section 15(l)(2) of such Act (15 

18 U.S.C. 644(l)(2)) is amended— 

19 (1) in the matter preceding subparagraph (A) by 

20 striking ‘‘(2) In addition to carrying out the respon21 sibilities assigned by the Administration, a breakout’’ 

22 and inserting the following: 

23 ‘‘(2) ACTIVITIES.—A’’; 

24 (2) by striking subparagraph (A) and inserting 

25 the following: 

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1 ‘‘(A) attend any provisioning conference or 

2 similar evaluation session during which a deter3 mination may be made with respect to the pro4 curement method to be used to satisfy a require5 ment, review any acquisition plan with respect 

6 to a requirement, and make recommendations re7 garding procurement method determinations and 

8 acquisition plans;’’; 

9 (3) in subparagraph (B)— 

10 (A) by striking ‘‘(B) review, at any time, 

11 restrictions on competition’’ and inserting the 

12 following: 

13 ‘‘(B) review, at any time, barriers to small 

14 business participation in Federal contracting’’; 

15 (B) by striking ‘‘items’’ and inserting 

16 ‘‘goods and services’’; and 

17 (C) by striking ‘‘limitations’’ and inserting 

18 ‘‘barriers’’; 

19 (4) in subparagraph (C) by striking ‘‘(C) review 

20 restrictions on competition’’ and inserting the fol21 lowing: 

22 ‘‘(C) review barriers to small business par23 ticipation in Federal contracting’’; 

24 (5) by striking subparagraph (D) and inserting 

25 the following: 

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1 ‘‘(D) review any bundled or consolidated so2 licitation or contract in accordance with this 

3 Act;’’; 

4 (6) by striking subparagraph (E) and inserting 

5 the following: 

6 ‘‘(E) have electronic access to procurement 

7 records, acquisition plans developed or in devel8 opment, and other data of the procurement cen9 ter commensurate with the level of such rep10 resentative’s approve security clearance classi11 fication;’’; and 

12 (7) by striking subparagraphs (F) and (G) and 

13 inserting the following: 

14 ‘‘(F) receive, from personnel responsible for 

15 reviewing unsolicited proposals, copies of unso16 licited proposals from small business concerns 

17 and any information on outcomes relating to 

18 such proposals; 

19 ‘‘(G) participate in any session or planning 

20 process and review any documents with respect 

21 to a decision to convert an activity performed by 

22 a small business concern to an activity per23 formed by a Federal employee; 

24 ‘‘(H) be an advocate for the maximum 

25 practicable utilization of small business concerns 

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1 in Federal contracting, including by advocating 

2 against the bundling of contract requirements 

3 when not justified; and 

4 ‘‘(I) carry out any other responsibility as5 signed by the Administrator.’’. 

6 (d) APPEALS.—Section 15(l)(3) of such Act (15 U.S.C. 

7 644(l)(3)) is amended by striking ‘‘(3) A breakout procure8 ment center representative’’ and inserting the following: 

9 ‘‘(3) APPEALS.—A procurement center represent10 ative’’. 

11 (e) NOTIFICATION AND INCLUSION.—Paragraph (4) of 

12 section 15(l) of such Act (15 U.S.C. 644(l)) is amended to 

13 read as follows: 

14 ‘‘(4) NOTIFICATION AND INCLUSION.—Agency 

15 heads shall ensure that procurement center represent16 atives are included in applicable acquisition plan17 ning processes.’’. 

18 (f) POSITION REQUIREMENTS.—Section 15(l)(5) of 

19 such Act (15 U.S.C. 644(l)(5)) is amended— 

20 (1) by striking the paragraph enumerator and 

21 inserting the following: 

22 ‘‘(5) POSITION REQUIREMENTS.—’’; 

23 (2) by striking subparagraphs (A) and (B) and 

24 inserting the following: 

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1 ‘‘(A) IN GENERAL.—A procurement center 

2 representative assigned under this subsection 

3 shall— 

4 ‘‘(i) be a full-time employee of the Ad5 ministration; 

6 ‘‘(ii) be fully qualified, technically 

7 trained, and familiar with the goods and 

8 services procured by the major procurement 

9 center to which that representative is as10 signed; and 

11 ‘‘(iii) have a Level III Federal Acquisi12 tion Certification in Contracting (or any 

13 successor certification) or the equivalent De14 partment of Defense certification, except 

15 that any person serving in such a position 

16 on the date of enactment of this clause may 

17 continue to serve in that position for a pe18 riod of 5 years without the required certifi19 cation.’’; and 

20 (3) in subparagraph (C) by striking ‘‘(C) The 

21 Administration shall establish personnel positions for 

22 breakout procurement representatives and advisers as23 signed pursuant to’’ and inserting the following: 

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1 ‘‘(B) COMPENSATION.—The Administrator 

2 shall establish personnel positions for procure3 ment center representatives assigned under’’. 

4 (g) MAJOR PROCUREMENT CENTER DEFINED.—Sec5 tion 15(l)(6) of such Act (15 U.S.C. 644(l)(6)) is amend6 ed— 

7 (1) by striking ‘‘(6) For purposes’’ and inserting 

8 the following: 

9 ‘‘(6) MAJOR PROCUREMENT CENTER DEFINED.— 

10 For purposes’’; and 

11 (2) by striking ‘‘other than commercial items 

12 and which has the potential to incur significant sav13 ings as the result of the placement of a breakout pro14 curement center representative’’ and inserting ‘‘goods 

15 or services, including goods or services that are com16 mercially available’’. 

17 (h) TRAINING.—Section 15(l)(7) of such Act (15 U.S.C. 

18 644(l)(7)) is amended— 

19 (1) by striking the paragraph enumerator and 

20 inserting the following: 

21 ‘‘(7) TRAINING.—’’; 

22 (2) by striking subparagraph (A) and inserting 

23 the following: 

24 ‘‘(A) AUTHORIZATION.—At such times as 

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1 ment center representative shall provide training 

2 for contracting officers, other appropriate per3 sonnel of the procurement center to which such 

4 representative is assigned, and small businesses 

5 groups seeking to do business with such procure6 ment center. Such training shall acquaint the 

7 participants with the provisions of this sub8 section and shall instruct the participants in 

9 methods designed to further the purposes of this 

10 subsection. 

11 ‘‘(B) LIMITATION.—A procurement center 

12 representative may provide training under sub13 paragraph (A) only to the extent that the train14 ing does not interfere with the representative car15 rying out other activities under this subsection.’’; 

16 and 

17 (3) in subparagraph (B)— 

18 (A) by striking ‘‘(B) The breakout procure19 ment center representative’’ and inserting the fol20 lowing: 

21 ‘‘(8) ANNUAL BRIEFING AND REPORT.—A pro22 curement center representative’’; and 

23 (B) by striking ‘‘sixty’’ and inserting ‘‘60’’. 

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1 SEC. 1622. SMALL BUSINESS ACT CONTRACTING REQUIRE2 MENTS TRAINING. 

3 (a) ESTABLISHMENT.—Not later than 1 year after the 

4 date of enactment of this part, the Defense Acquisition Uni5 versity and the Federal Acquisition Institute shall each pro6 vide a course on contracting requirements under the Small 

7 Business Act, including the requirements for small business 

8 concerns owned and controlled by service-disabled veterans, 

9 qualified HUBZone small business concerns, small business 

10 concerns owned and controlled by socially and economically 

11 disadvantaged individuals, and small business concerns 

12 owned and controlled by women. 

13 (b) COURSE REQUIRED.—To have a Federal Acquisi14 tion Certification in Contracting (or any successor certifi15 cation) or the equivalent Department of Defense certifi16 cation an individual shall be required to complete the course 

17 established under subsection (a). 

18 (c) REQUIREMENT THAT BUSINESS OPPORTUNITY

19 SPECIALISTS BE CERTIFIED.—Section 7(j)(10)(D)(i) of the 

20 Small Business Act (15 U.S.C. 636(j)(10)(D)(i)) is amend21 ed by inserting after ‘‘to assist such Program Participant.’’ 

22 the following: ‘‘The Business Opportunity Specialist shall 

23 have a Level I Federal Acquisition Certification in Con24 tracting (or any successor certification) or the equivalent 

25 Department of Defense certification, except that a Business 

26 Opportunity Specialist serving at the time of the date of 

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1 enactment of the Small Business Opportunity Act of 2012 

2 may continue to serve as a Business Opportunity Specialist 

3 for a period of 5 years beginning on that date of enactment 

4 without such a certification.’’. 

5 (d) GAO REPORT.—Not later than 365 days after the 

6 date of enactment of this part, the Comptroller General of 

7 the United States shall conduct a study and submit a report 

8 to the Committee on Small Business of the House of Rep9 resentatives and the Committee on Small Business and En10 trepreneurship of the Senate on the relationship between the 

11 size and quality of the acquisition workforce and the Fed12 eral government’s ability to maximize the utilization of 

13 small businesses in Federal procurement. The report shall 

14 specifically address the following: 

15 (1) The extent to which training on small busi16 ness contracting laws affects a contracting officer’s de17 termination to use one of the contracting authorities 

18 provided in the Small Business Act. 

19 (2) The relationship between a robust Federal ac20 quisition workforce and small business success in ob21 taining Federal contracting opportunities. 

22 (3) The effect on economic growth if small busi23 nesses experienced a significant reduction in small 

24 business procurement activities. 

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1 (4) The effect of the anticipated acceleration of 

2 retirements by the acquisition workforce on small 

3 business procurement opportunities. 

4 SEC. 1623. ACQUISITION PLANNING. 

5 Section 15(e)(1) of the Small Business Act (15 U.S.C. 

6 644(e)(1)) is amended— 

7 (1) by striking ‘‘the various agencies’’ and in8 serting ‘‘a Federal department or agency’’; and 

9 (2) by striking the period and inserting ‘‘and 

10 each such Federal department or agency shall— 

11 ‘‘(A) enumerate opportunities for the par12 ticipation of small business concerns during all 

13 acquisition planning processes and in all acqui14 sition plans; 

15 ‘‘(B) invite the participation of the appro16 priate Director of Small and Disadvantaged 

17 Business Utilization in all acquisition planning 

18 processes and provide that Director access to all 

19 acquisition plans in development; and 

20 ‘‘(C) invite the participation of the appro21 priate procurement center representative in all 

22 acquisition planning processes and provide that 

23 representative access to all acquisition plans in 

24 development.’’. 

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1 PART II —GOALS FOR PROCUREMENT CON2 TRACTS AWARDED TO SMALL BUSINESS CON3 CERNS 

4 SEC. 1631. GOALS FOR PROCUREMENT CONTRACTS AWARD5 ED TO SMALL BUSINESS CONCERNS. 

6 (a) IN GENERAL.—Section 15(g) of the Small Business 

7 Act (15 U.S.C. 644(g)) is amended by striking the sub8 section enumerator and inserting the following: 

9 ‘‘(g) GOALS FOR PROCUREMENT CONTRACTS AWARD10 ED TO SMALL BUSINESS CONCERNS.—’’. 

11 (b) GOVERNMENTWIDE GOALS.—Paragraph (1) of sec12 tion 15(g) of such Act (15 U.S.C. 644(g)) is amended to 

13 read as follows: 

14 ‘‘(1) GOVERNMENTWIDE GOALS.—The President 

15 shall annually establish Governmentwide goals for 

16 procurement contracts awarded to small business con17 cerns, small business concerns owned and controlled 

18 by service-disabled veterans, qualified HUBZone 

19 small business concerns, small business concerns 

20 owned and controlled by socially and economically 

21 disadvantaged individuals, and small business con22 cerns owned and controlled by women in accordance 

23 with the following: 

24 ‘‘(A) The Governmentwide goal for partici25 pation by small business concerns shall be estab26 lished at not less than 25 percent of the total 

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1 value of all prime contract awards for each fiscal 

2 year and 40 percent of the total value of all sub3 contract awards for each fiscal year. 

4 ‘‘(B) The Governmentwide goal for partici5 pation by small business concerns owned and 

6 controlled by service-disabled veterans shall be es7 tablished at not less than 3 percent of the total 

8 value of all prime contract and at not less than 

9 3 percent of the total value of all subcontract 

10 awards for each fiscal year. 

11 ‘‘(C) The Governmentwide goal for partici12 pation by qualified HUBZone small business 

13 concerns shall be established at not less than 3 

14 percent of the total value of all prime contract 

15 and at not less than 3 percent of the total value 

16 of all subcontract awards for each fiscal year. 

17 ‘‘(D) The Governmentwide goal for partici18 pation by small business concerns owned and 

19 controlled by socially and economically dis20 advantaged individuals shall be established at 

21 not less than 5 percent of the total value of all 

22 prime contract and at not less than 5 percent of 

23 the total value of all subcontract awards for each 

24 fiscal year. 

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1 ‘‘(E) The Governmentwide goal for partici2 pation by small business concerns owned and 

3 controlled by women shall be established at not 

4 less than 5 percent of the total value of all prime 

5 contract and at not less than 5 percent of the 

6 total value of all subcontract awards for each fis7 cal year.’’. 

8 (c) AGENCY GOALS.—Paragraph (2) of section 15(g) 

9 of such Act (15 U.S.C. 644(g)) is amended to read as fol10 lows: 

11 ‘‘(2) AGENCY GOALS.— 

12 ‘‘(A) ESTABLISHMENT.—The head of each 

13 Federal agency shall annually establish, for the 

14 agency that individual heads, goals for procure15 ment contracts awarded to small business con16 cerns, small business concerns owned and con17 trolled by service-disabled veterans, qualified 

18 HUBZone small business concerns, small busi19 ness concerns owned and controlled by socially 

20 and economically disadvantaged individuals, 

21 and small business concerns owned and con22 trolled by women. 

23 ‘‘(B) RELATIONSHIP TO GOVERNMENTWIDE

24 GOALS.— 

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1 ‘‘(i) SCOPE.—The goals established by 

2 the head of a Federal agency under sub3 paragraph (A) shall be in the same format 

4 as the goals established by the President 

5 under paragraph (1) and shall address both 

6 prime contract and subcontract awards. 

7 ‘‘(ii) REQUIREMENT PERTAINING TO

8 AGENCY GOALS.—With respect to each goal 

9 for a fiscal year established under subpara10 graph (A) for a category of small business 

11 concern, the participation percentage appli12 cable to such goal may not be less than the 

13 participation percentage applicable to the 

14 Governmentwide goal for such fiscal year 

15 established under paragraph (1) for such 

16 category. 

17 ‘‘(C) CONSULTATION REQUIRED.— 

18 ‘‘(i) IN GENERAL.—.In establishing 

19 goals under subparagraph (A), the head of 

20 each Federal agency shall consult with the 

21 Administrator. 

22 ‘‘(ii) DISAGREEMENTS.—Except as 

23 provided by clause (iii), if the Adminis24 trator and the head of a Federal agency fail 

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1 paragraph (A), the disagreement shall be 

2 submitted to the Administrator for Federal 

3 Procurement Policy for final determination. 

4 ‘‘(iii) AGENCY GOALS OF THE DEPART5 MENT OF DEFENSE.—In the case of a goal 

6 proposed by the Secretary of Defense that is 

7 lower than a goal established during the 

8 preceding fiscal year for the Department of 

9 the Defense and for which the Adminis10 trator does not agree, the disagreement shall 

11 be submitted to the Administrator for Fed12 eral Procurement Policy for final deter13 mination. 

14 ‘‘(D) PLAN FOR ACHIEVING GOALS.—After 

15 establishing goals under subparagraph (A) for a 

16 fiscal year, the head of each Federal agency shall 

17 develop a plan for achieving such goals, which 

18 shall apportion responsibilities among the agen19 cy’s acquisition executives and officials. 

20 ‘‘(E) EXPANDED PARTICIPATION.—In estab21 lishing goals under subparagraph (A), the head 

22 of each Federal agency shall make a consistent 

23 effort to annually expand participation by small 

24 business concerns from each industry category in 

25 procurement contracts of such agency, including 

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1 participation by small business concerns owned 

2 and controlled by service-disabled veterans, 

3 qualified HUBZone small business concerns, 

4 small business concerns owned and controlled by 

5 socially and economically disadvantaged indi6 viduals, and small business concerns owned and 

7 controlled by women. 

8 ‘‘(F) CONSIDERATION.—The head of each 

9 Federal agency, in attempting to attain ex10 panded participation under subparagraph (E), 

11 shall consider— 

12 ‘‘(i) contracts awarded as the result of 

13 unrestricted competition; and 

14 ‘‘(ii) contracts awarded after competi15 tion restricted to eligible small business con16 cerns under this section and under the pro17 gram established under section 8(a). 

18 ‘‘(G) COMMUNICATION REGARDING GOALS.— 

19 ‘‘(i) IMPORTANCE OF ACHIEVING

20 GOALS.—Each procurement employee or 

21 program manager described in clause (ii) 

22 shall communicate to the subordinates of the 

23 procurement employee or program manager 

24 the importance of achieving goals estab25 lished under subparagraph (A). 

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1 ‘‘(ii) PROCUREMENT EMPLOYEES OR

2 PROGRAM MANAGERS DESCRIBED.—A pro3 curement employee or program manager de4 scribed in this clause is a senior procure5 ment executive, senior program manager, or 

6 Director of Small and Disadvantaged Busi7 ness Utilization of a Federal agency having 

8 contracting authority.’’. 

9 (d) ENFORCEMENT; DETERMINATIONS OF THE TOTAL

10 VALUE OF CONTRACT AWARDS.—Section 15(g) of the Small 

11 Business Act (15 U.S.C. 644(g)), as amended by this part, 

12 is further amended by adding at the end the following: 

13 ‘‘(3) ENFORCEMENT.—If the Administrator does 

14 not issue the report required in subsection (h)(2) on 

15 or before the date that is 120 days after the end of 

16 the prior fiscal year, the Administrator may not 

17 carry out or establish any pilot program until the 

18 date on which the Administrator issues the report. 

19 ‘‘(4) DETERMINATIONS OF THE TOTAL VALUE OF

20 CONTRACT AWARDS.—For purposes of the goals estab21 lished under paragraphs (1) and (2), the total value 

22 of contract awards for a fiscal year may not be deter23 mined in a manner that excludes the value of a con24 tract based on— 

25 ‘‘(A) where the contract is awarded; 

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1 ‘‘(B) where the contract is performed; 

2 ‘‘(C) whether the contract is mandated by 

3 Federal law to be performed by an entity other 

4 than a small business concern; 

5 ‘‘(D) whether funding for the contract is 

6 made available in an appropriations Act, if the 

7 contract is subject to competitive procedures 

8 under chapter 33 of title 41, United States Code; 

9 or 

10 ‘‘(E) whether the contract is subject to the 

11 Federal Acquisition Regulation.’’. 

12 SEC. 1632. REPORTING ON GOALS FOR PROCUREMENT CON13 TRACTS AWARDED TO SMALL BUSINESS CON14 CERNS. 

15 Subsection (h) of section 15 of the Small Business Act 

16 (15 U.S.C. 644) is amended to read as follows: 

17 ‘‘(h) REPORTING ON GOALS FOR PROCUREMENT CON18 TRACTS AWARDED TO SMALL BUSINESS CONCERNS.— 

19 ‘‘(1) AGENCY REPORTS.—At the conclusion of 

20 each fiscal year, the head of each Federal agency shall 

21 submit to the Administrator a report describing— 

22 ‘‘(A) the extent of the participation by small 

23 business concerns, small business concerns owned 

24 and controlled by veterans (including service-dis25 abled veterans), qualified HUBZone small busimstockstill on DSK4VPTVN1PROD with BILLS

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1 ness concerns, small business concerns owned and 

2 controlled by socially and economically dis3 advantaged individuals, and small business con4 cerns owned and controlled by women in the pro5 curement contracts of such agency during such 

6 fiscal year; 

7 ‘‘(B) whether the agency achieved the goals 

8 established for the agency under subsection 

9 (g)(2)(A) with respect to such fiscal year; and 

10 ‘‘(C) any justifications for a failure to 

11 achieve such goals. 

12 ‘‘(2) REPORTS BY ADMINISTRATOR.—Not later 

13 than 60 days after receiving a report from each Fed14 eral agency under paragraph (1) with respect to a fis15 cal year, the Administrator shall submit to the Presi16 dent and Congress, and to make available on a public 

17 website, a report that includes— 

18 ‘‘(A) a copy of each report submitted to the 

19 Administrator under paragraph (1); 

20 ‘‘(B) a determination of whether each goal 

21 established by the President under subsection 

22 (g)(1) for such fiscal year was achieved; 

23 ‘‘(C) a determination of whether each goal 

24 established by the head of a Federal agency 

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1 under subsection (g)(2)(A) for such fiscal year 

2 was achieved; 

3 ‘‘(D) the reasons for any failure to achieve 

4 a goal established under paragraph (1) or (2)(A) 

5 of subsection (g) for such fiscal year and a de6 scription of actions planned by the applicable 

7 agency to address such failure, including the Ad8 ministrator’s comments and recommendations on 

9 the proposed remediation plan; 

10 ‘‘(E) for the Federal Government and each 

11 Federal agency, an analysis of the number and 

12 dollar amount of prime contracts awarded dur13 ing such fiscal year to— 

14 ‘‘(i) small business concerns— 

15 ‘‘(I) in the aggregate; 

16 ‘‘(II) through sole source con17 tracts; 

18 ‘‘(III) through competitions re19 stricted to small business concerns; and 

20 ‘‘(IV) through unrestricted com21 petition; 

22 ‘‘(ii) small business concerns owned 

23 and controlled by service-disabled vet24 erans— 

25 ‘‘(I) in the aggregate; 

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1 ‘‘(II) through sole source con2 tracts; 

3 ‘‘(III) through competitions re4 stricted to small business concerns; 

5 ‘‘(IV) through competitions re6 stricted to small business concerns 

7 owned and controlled by service-dis8 abled veterans; and 

9 ‘‘(V) through unrestricted com10 petition; 

11 ‘‘(iii) qualified HUBZone small busi12 ness concerns— 

13 ‘‘(I) in the aggregate; 

14 ‘‘(II) through sole source con15 tracts; 

16 ‘‘(III) through competitions re17 stricted to small business concerns; 

18 ‘‘(IV) through competitions re19 stricted to qualified HUBZone small 

20 business concerns; 

21 ‘‘(V) through unrestricted com22 petition where a price evaluation pref23 erence was used; and 

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1 ‘‘(VI) through unrestricted com2 petition where a price evaluation pref3 erence was not used; 

4 ‘‘(iv) small business concerns owned 

5 and controlled by socially and economically 

6 disadvantaged individuals— 

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; 

17 ‘‘(V) through unrestricted com18 petition; and 

19 ‘‘(VI) by reason of that concern’s 

20 certification as a small business owned 

21 and controlled by socially and eco22 nomically disadvantaged individuals; 

23 ‘‘(v) small business concerns owned by 

24 an Indian tribe other than an Alaska Na25 tive Corporation— 

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1 ‘‘(I) in the aggregate; 

2 ‘‘(II) through sole source con3 tracts; 

4 ‘‘(III) through competitions re5 stricted to small business concerns; 

6 ‘‘(IV) through competitions re7 stricted to small business concerns 

8 owned and controlled by socially and 

9 economically disadvantaged individ10 uals; and 

11 ‘‘(V) through unrestricted com12 petition; and 

13 ‘‘(vi) small business concerns owned by 

14 Native Hawaiian Organization— 

15 ‘‘(I) in the aggregate; 

16 ‘‘(II) through sole source con17 tracts; 

18 ‘‘(III) through competitions re19 stricted to small business concerns; 

20 ‘‘(IV) through competitions re21 stricted to small business concerns 

22 owned and controlled by socially and 

23 economically disadvantaged individ24 uals; and 

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1 ‘‘(V) through unrestricted com2 petition; and 

3 ‘‘(vii) small business concerns owned 

4 by an Alaska Native Corporation— 

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 small business concerns 

12 owned and controlled by socially and 

13 economically disadvantaged individ14 uals; and 

15 ‘‘(V) through unrestricted com16 petition; and 

17 ‘‘(viii) small business concerns owned 

18 and controlled by women— 

19 ‘‘(I) in the aggregate; 

20 ‘‘(II) through competitions re21 stricted to small business concerns; 

22 ‘‘(III) through competitions re23 stricted using the authority under sec24 tion 8(m)(2); 

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1 ‘‘(IV) through competitions re2 stricted using the authority under sec3 tion 8(m)(2) and in which the waiver 

4 authority under section 8(m)(3) was 

5 used; and 

6 ‘‘(V) through unrestricted com7 petition; and 

8 ‘‘(F) for the Federal Government and each 

9 Federal agency, the number, dollar amount, and 

10 distribution with respect to the North American 

11 Industry Classification System of subcontracts 

12 awarded during such fiscal year to small busi13 ness concerns, small business concerns owned and 

14 controlled by service-disabled veterans, qualified 

15 HUBZone small business concerns, small busi16 ness concerns owned and controlled by socially 

17 and economically disadvantaged individuals, 

18 and small business concerns owned and con19 trolled by women.’’. 

20 SEC. 1633. SENIOR EXECUTIVES. 

21 (a) TRAINING.—Programs established for the develop22 ment of senior executives under section 3396(a) of title 5, 

23 United States Code, shall include training with respect to 

24 Federal procurement requirements, including contracting 

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1 requirements under the Small Business Act (15 U.S.C. 631 

2 et seq.). 

3 (b) EVALUATION OF EXECUTIVES.—The head of an 

4 agency shall ensure that evaluations of members of the sen5 ior executive service, as defined under section 3396(a) of 

6 title 5, United States Code, responsible for acquisition, other 

7 senior officials responsible for acquisition, and other mem8 bers of the senior executive service, as appropriate, include 

9 consideration of the agency’s success in achieving small 

10 business contracting goals and percentages. Such evalua11 tions shall, as a minimum, consider the extent to which the 

12 executive— 

13 (1) promotes a climate or environment that is 

14 responsive to small business concerns; 

15 (2) communicates the importance of achieving 

16 the agency’s small business contracting goals; and 

17 (3) encourages small business awareness, out18 reach, and support. 

19 (c) DEFINITIONS.—In this section the term ‘‘respon20 sible for acquisition’’, with respect to a member of the senior 

21 executive service or other senior official, means such a mem22 ber or official who acquires services or supplies, directs 

23 agency organizations to acquire services or supplies, over24 sees acquisition officials, including program managers, con25 tracting officers, and other acquisition workforce personnel 

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1 responsible for formulating and approving acquisition 

2 strategies and plans. 

3 PART III —MENTOR-PROTEGE PROGRAM 

4 SEC. 1641. MENTOR-PROTEGE PROGRAMS. 

5 The Small Business Act (15 U.S.C. 631 et seq.) is 

6 amended— 

7 (1) by redesignating section 45 as section 46; 

8 and 

9 (2) by inserting after section 44 the following: 

10 ‘‘SEC. 45. MENTOR-PROTEGE PROGRAMS. 

11 ‘‘(a) ADMINISTRATION PROGRAM.— 

12 ‘‘(1) AUTHORITY.—The Administrator is author13 ized to establish a mentor-protege program for all 

14 small business concerns. 

15 ‘‘(2) MODEL FOR PROGRAM.—The mentor-protege 

16 program established under paragraph (1) shall be 

17 identical to the mentor-protege program of the Ad18 ministration for small business concerns that partici19 pate in the program under section 8(a) of this Act (as 

20 in effect on the date of enactment of the National De21 fense Authorization Act for Fiscal Year 2013), except 

22 that the Administrator may modify the program to 

23 the extent necessary given the types of small business 

24 concerns included as proteges. 

25 ‘‘(b) PROGRAMS OF OTHER AGENCIES.— 

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1 ‘‘(1) APPROVAL REQUIRED.—Except as provided 

2 in paragraph (4), a Federal department or agency 

3 may not carry out a mentor-protege program for 

4 small business concerns unless— 

5 ‘‘(A) the head of the department or agency 

6 submits a plan to the Administrator for the pro7 gram; and 

8 ‘‘(B) the Administrator approves such plan. 

9 ‘‘(2) BASIS FOR APPROVAL.—The Administrator 

10 shall approve or disapprove a plan submitted under 

11 paragraph (1) based on whether the program pro12 posed— 

13 ‘‘(A) will assist proteges to compete for Fed14 eral prime contracts and subcontracts; and 

15 ‘‘(B) complies with the regulations issued 

16 under paragraph (3). 

17 ‘‘(3) REGULATIONS.—Not later than 270 days 

18 after the date of enactment of the National Defense 

19 Authorization Act for Fiscal Year 2013, the Adminis20 trator shall issue, subject to notice and comment, reg21 ulations with respect to mentor-protege programs, 

22 which shall ensure that such programs improve the 

23 ability of proteges to compete for Federal prime con24 tracts and subcontracts and which shall address, at a 

25 minimum, the following: 

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1 ‘‘(A) Eligibility criteria for program par2 ticipants, including any restrictions on the num3 ber of mentor-protege relationships permitted for 

4 each participant. 

5 ‘‘(B) The types of developmental assistance 

6 to be provided by mentors, including how the as7 sistance provided shall improve the competitive 

8 viability of the proteges. 

9 ‘‘(C) Whether any developmental assistance 

10 provided by a mentor may affect the status of a 

11 program participant as a small business concern 

12 due to affiliation. 

13 ‘‘(D) The length of mentor-protege relation14 ships. 

15 ‘‘(E) The effect of mentor-protege relation16 ships on contracting. 

17 ‘‘(F) Benefits that may accrue to a mentor 

18 as a result of program participation. 

19 ‘‘(G) Reporting requirements during pro20 gram participation. 

21 ‘‘(H) Postparticipation reporting require22 ments. 

23 ‘‘(I) The need for a mentor-protege pair, if 

24 accepted to participate as a pair in a mentor25 protege program of any Federal department or 

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1 agency, to be accepted to participate as a pair 

2 in all Federal mentor-protege programs. 

3 ‘‘(J) Actions to be taken to ensure benefits 

4 for proteges and to protect proteges against ac5 tions by the mentor that— 

6 ‘‘(i) may adversely affect the proteges 

7 status as a small business; or 

8 ‘‘(ii) provide disproportionate eco9 nomic benefits to the mentor relative to 

10 those provided the protege. 

11 ‘‘(4) LIMITATION ON APPLICABILITY.—Paragraph 

12 (1) does not apply to the following: 

13 ‘‘(A) Any mentor-protege program of the 

14 Department of Defense. 

15 ‘‘(B) Any mentoring assistance provided 

16 under a Small Business Innovation Research 

17 Program or a Small Business Technology Trans18 fer Program. 

19 ‘‘(C) Until the date that is 1 year after the 

20 date on which the Administrator issues regula21 tions under paragraph (3), any Federal depart22 ment or agency operating a mentor-protege pro23 gram in effect on the date of enactment of the 

24 National Defense Authorization Act for Fiscal 

25 Year 2013. 

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1 ‘‘(c) REPORTING.— 

2 ‘‘(1) IN GENERAL.—Not later than 2 years after 

3 the date of enactment of the National Defense Author4 ization Act for Fiscal Year 2013, and annually there5 after, the Administrator shall submit to the Com6 mittee on Small Business of the House of Representa7 tives and the Committee on Small Business and En8 trepreneurship of the Senate a report that— 

9 ‘‘(A) identifies each Federal mentor-protege 

10 program; 

11 ‘‘(B) specifies the number of participants in 

12 each such program, including the number of par13 ticipants that are— 

14 ‘‘(i) small business concerns; 

15 ‘‘(ii) small business concerns owned 

16 and controlled by service-disabled veterans; 

17 ‘‘(iii) qualified HUBZone small busi18 ness concerns; 

19 ‘‘(iv) small business concerns owned 

20 and controlled by socially and economically 

21 disadvantaged individuals; or 

22 ‘‘(v) small business concerns owned 

23 and controlled by women; 

24 ‘‘(C) describes the type of assistance pro25 vided to proteges under each such program; 

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1 ‘‘(D) describes the benefits provided to men2 tors under each such program; and 

3 ‘‘(E) describes the progress of proteges under 

4 each such program with respect to competing for 

5 Federal prime contracts and subcontracts. 

6 ‘‘(2) PROVISION OF INFORMATION.—The head of 

7 each Federal department or agency carrying out a 

8 mentor-protege program shall provide to the Adminis9 trator, on an annual basis, the information necessary 

10 for the Administrator to submit a report required 

11 under paragraph (1). 

12 ‘‘(d) DEFINITIONS.—In this section, the following defi13 nitions apply: 

14 ‘‘(1) MENTOR.—The term ‘mentor’ means a for15 profit business concern, of any size, that— 

16 ‘‘(A) has the ability to assist and commits 

17 to assisting a protege to compete for Federal 

18 prime contracts and subcontracts; and 

19 ‘‘(B) satisfies any other requirements im20 posed by the Administrator. 

21 ‘‘(2) MENTOR-PROTEGE PROGRAM.—The term 

22 ‘mentor-protege program’ means a program that 

23 pairs a mentor with a protege for the purpose of as24 sisting the protege to compete for Federal prime con25 tracts and subcontracts. 

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1 ‘‘(3) PROTEGE.—The term ‘protege’ means a 

2 small business concern that— 

3 ‘‘(A) is eligible to enter into Federal prime 

4 contracts and subcontracts; and 

5 ‘‘(B) satisfies any other requirements im6 posed by the Administrator. 

7 ‘‘(e) CURRENT MENTOR PROTEGE AGREEMENTS.— 

8 Mentors and proteges with approved agreement in a pro9 gram operating pursuant to subsection (b)(4)(C) shall be 

10 permitted to continue their relationship according to the 

11 terms specified in their agreement until the expiration date 

12 specified in the agreement. 

13 ‘‘(f) SUBMISSION OF AGENCY PLANS.—Agencies oper14 ating mentor protege programs pursuant to subsection 

15 (b)(4)(C) must submit the plans specified in subsection 

16 (b)(1)(A) to the Administrator within 6 months of the pro17 mulgation of rules required by subsection (b)(3). The Ad18 ministrator shall provide initial comments on each plan 

19 within 60 days of receipt, and final approval or denial of 

20 each plan with 180 days of receipt.’’. 

21 SEC. 1642. GOVERNMENT ACCOUNTABILITY OFFICE RE22 PORT. 

23 Not later than the date that is 2 years after the agen24 cies operating subject to section 45(b)(4)(C) of the Small 

25 Business Act have their plans approved or denied by the 

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1 Administrator, the Comptroller General of the United 

2 States shall conduct a study to— 

3 (1) update the study required by section 1345 of 

4 the Small Business Jobs Act of 2010 (Pub. Law 111- 

5 240); 

6 (2) examine whether potential affiliation issues 

7 between mentors and proteges under the prior pro8 grams have been resolved by enactment of this Act; 

9 and 

10 (3) examine whether the regulations issued pur11 suant to section 45(b)(3)(I) of the Small Business Act 

12 have increased opportunities for mentor-protege pairs, 

13 and if they have decreased the paperwork required for 

14 such pairs participating in programs at multiple 

15 agencies. 

16 PART IV —TRANSPARENCY IN SUBCONTRACTING 

17 Subpart A—Limitations on Subcontracting 

18 SEC. 1651. LIMITATIONS ON SUBCONTRACTING. 

19 The Small Business Act (15 U.S.C. 631 et seq.) is 

20 amended— 

21 (1) by redesignating section 45 as section 47; 

22 and 

23 (2) by inserting after section 44 the following: 

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1 ‘‘SEC. 45. LIMITATIONS ON SUBCONTRACTING. 

2 ‘‘(a) IN GENERAL.—If awarded a contract under sec3 tion 8(a), 8(m), 15(a), 31, or 36, a covered small business 

4 concern— 

5 ‘‘(1) in the case of a contract for services, may 

6 not expend on subcontractors more than 50 percent of 

7 the amount paid to the concern under the contract; 

8 ‘‘(2) in the case of a contract for supplies (other 

9 than from a regular dealer in such supplies), may not 

10 expend on subcontractors more than 50 percent of the 

11 amount, less the cost of materials, paid to the concern 

12 under the contract; 

13 ‘‘(3) in the case of a contract described in more 

14 than 1 of paragraphs (1) through (2)— 

15 ‘‘(A) shall determine for which category of 

16 services or supplies, described in 1 of paragraphs 

17 (1) through (4), the greatest percentage of the 

18 contract amount is awarded; 

19 ‘‘(B) shall determine the amount awarded 

20 under the contract for that category of services or 

21 supplies; and 

22 ‘‘(C) may not expend on subcontractors, 

23 with respect to the amount determined under 

24 subparagraph (B), more than— 

25 ‘‘(i) 50 percent of that amount, if the 

26 category of services or supplies applicable 

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1 under subparagraph (A) is described in 

2 paragraph (1); and 

3 ‘‘(ii) 50 percent of that amount, if the 

4 category of services or supplies applicable 

5 under subparagraph (A) is described in 

6 paragraph (2); and 

7 ‘‘(4) in the case of a contract for supplies from 

8 a regular dealer in such supplies, shall supply the 

9 product of a domestic small business manufacturer or 

10 processor, unless a waiver of such requirement is 

11 granted— 

12 ‘‘(A) by the Administrator, after reviewing 

13 a determination by the applicable contracting of14 ficer that no small business manufacturer or 

15 processor can reasonably be expected to offer a 

16 product meeting the specifications (including pe17 riod for performance) required by the contract; 

18 or 

19 ‘‘(B) by the Administrator for a product (or 

20 class of products), after determining that no 

21 small business manufacturer or processor is 

22 available to participate in the Federal procure23 ment market. 

24 ‘‘(b) SIMILARLY SITUATED ENTITIES.—Contract 

25 amounts expended by a covered small business concern on 

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1 a subcontractor that is a similarly situated entity shall not 

2 be considered subcontracted for purposes of determining 

3 whether the covered small business concern has violated a 

4 requirement established under subsection (a) or (d). 

5 ‘‘(c) MODIFICATIONS OF PERCENTAGES.— 

6 ‘‘(1) IN GENERAL.—The Administrator may 

7 change, by rule (after providing notice and an oppor8 tunity for public comment), a percentage specified in 

9 paragraphs (1) through (4) of subsection (a) if the 

10 Administrator determines that such change is nec11 essary to reflect conventional industry practices 

12 among business concerns that are below the numerical 

13 size standard for businesses in that industry category. 

14 ‘‘(2) UNIFORMITY.—A change to a percentage 

15 under paragraph (1) shall apply to all covered small 

16 business concerns. 

17 ‘‘(d) OTHER CONTRACTS.— 

18 ‘‘(1) IN GENERAL.—With respect to a category of 

19 contracts to which a requirement under subsection (a) 

20 does not apply, the Administrator is authorized to es21 tablish, by rule (after providing notice and an oppor22 tunity for public comment), a requirement that a cov23 ered small business concern may not expend on sub24 contractors more than a specified percentage of the 

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1 amount paid to the concern under a contract in that 

2 category. 

3 ‘‘(2) UNIFORMITY.—A requirement established 

4 under paragraph (1) shall apply to all covered small 

5 business concerns. 

6 ‘‘(3) CONSTRUCTION PROJECTS.—The Adminis7 trator shall establish, through public rulemaking, re8 quirements similar to those specified in paragraph 

9 (1) to be applicable to contracts for general and spe10 cialty construction and to contracts for any other in11 dustry category not otherwise subject to the require12 ments of such paragraph. The percentage applicable 

13 to any such requirement shall be determined in ac14 cordance with paragraph (2). 

15 ‘‘(e) DEFINITIONS.—In this section, the following defi16 nitions apply: 

17 ‘‘(1) COVERED SMALL BUSINESS CONCERN.—The 

18 term ‘covered small business concern’ means a busi19 ness concern that— 

20 ‘‘(A) with respect to a contract awarded 

21 under section 8(a), is a small business concern 

22 eligible to receive contracts under that section; 

23 ‘‘(B) with respect to a contract awarded 

24 under section 8(m)— 

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1 ‘‘(i) is a small business concern owned 

2 and controlled by women (as defined in that 

3 section); or 

4 ‘‘(ii) is a small business concern owned 

5 and controlled by women (as defined in that 

6 section) that is not less than 51 percent 

7 owned by 1 or more women who are eco8 nomically disadvantaged (and such owner9 ship is determined without regard to any 

10 community property law); 

11 ‘‘(C) with respect to a contract awarded 

12 under section 15(a), is a small business concern; 

13 ‘‘(D) with respect to a contract awarded 

14 under section 31, is a qualified HUBZone small 

15 business concern; or 

16 ‘‘(E) with respect to a contract awarded 

17 under section 36, is a small business concern 

18 owned and controlled by service-disabled vet19 erans. 

20 ‘‘(2) SIMILARLY SITUATED ENTITY.—The term 

21 ‘similarly situated entity’ means a subcontractor 

22 that— 

23 ‘‘(A) if a subcontractor for a small business 

24 concern, is a small business concern; 

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1 ‘‘(B) if a subcontractor for a small business 

2 concern eligible to receive contracts under section 

3 8(a), is such a concern; 

4 ‘‘(C) if a subcontractor for a small business 

5 concern owned and controlled by women (as de6 fined in section 8(m)), is such a concern; 

7 ‘‘(D) if a subcontractor for a small business 

8 concern owned and controlled by women (as de9 fined in section 8(m)) that is not less than 51 

10 percent owned by 1 or more women who are eco11 nomically disadvantaged (and such ownership is 

12 determined without regard to any community 

13 property law), is such a concern; 

14 ‘‘(E) if a subcontractor for a qualified 

15 HUBZone small business concern, is such a con16 cern; or 

17 ‘‘(F) if a subcontractor for a small business 

18 concern owned and controlled by service-disabled 

19 veterans, is such a concern.’’. 

20 SEC. 1652. PENALTIES. 

21 Section 16 of the Small Business Act (15 U.S.C. 645) 

22 is amended by adding at the end the following: 

23 ‘‘(g) SUBCONTRACTING LIMITATIONS.— 

24 ‘‘(1) IN GENERAL.—Whoever violates a require25 ment established under section 45 shall be subject to 

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1 the penalties prescribed in subsection (d), except that, 

2 for an entity that exceeded a limitation on subcon3 tracting under such section, the fine described in sub4 section (d)(2)(A) shall be treated as the greater of— 

5 ‘‘(A) $500,000; or 

6 ‘‘(B) the dollar amount expended, in excess 

7 of permitted levels, by the entity on subcontrac8 tors. 

9 ‘‘(2) MONITORING.—Not later than 1 year after 

10 the date of enactment of this subsection, the Adminis11 trator shall take such actions as are necessary to en12 sure that an existing Federal subcontracting reporting 

13 system is modified to notify the Administrator, the 

14 appropriate Director of the Office of Small and Dis15 advantaged Business Utilization, and the appropriate 

16 contracting officer if a requirement established under 

17 section 45 is violated.’’. 

18 SEC. 1653. CONFORMING AMENDMENTS. 

19 (a) HUBZONES.—Section 3(p)(5) of the Small Busi20 ness Act (15 U.S.C. 632(p)(5)) is amended— 

21 (1) in subparagraph (A)(i) by striking subclause 

22 (III) and inserting the following: 

23 ‘‘(III) with respect to any sub24 contract entered into by the small busi25 ness concern pursuant to a contract 

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1 awarded to the small business concern 

2 under section 31, the small business 

3 concern will ensure that the require4 ments of section 45 are satisfied; and’’; 

5 (2) by striking subparagraphs (B) and (C); and 

6 (3) by redesignating subparagraph (D) as sub7 paragraph (B). 

8 (b) ENTITIES ELIGIBLE FOR CONTRACTS UNDER SEC9 TION 8(a).—Section 8(a) of such Act (15 U.S.C. 637(a)) 

10 is amended by striking paragraph (14) and inserting the 

11 following: 

12 ‘‘(14) LIMITATIONS ON SUBCONTRACTING.—A 

13 concern may not be awarded a contract under this 

14 subsection as a small business concern unless the con15 cern agrees to satisfy the requirements of section 45.’’. 

16 (c) SMALL BUSINESS CONCERNS.—Section 15 of such 

17 Act (15 U.S.C. 644) is amended by striking subsection (o) 

18 and inserting the following: 

19 ‘‘(o) LIMITATIONS ON SUBCONTRACTING.—A concern 

20 may not be awarded a contract under subsection (a) as a 

21 small business concern unless the concern agrees to satisfy 

22 the requirements of section 45.’’. 

23 SEC. 1654. REGULATIONS. 

24 Not later than 180 days after the date of enactment 

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1 istration shall issue guidance with respect to compliance 

2 with the changes made to the Small Business Act by the 

3 amendments in this part, with opportunities for notice and 

4 comment. 

5 Subpart B—Subcontracting Plans 

6 SEC. 1655. SUBCONTRACTING PLANS. 

7 (a) SUBCONTRACTING REPORTING REQUIREMENTS.— 

8 (1) IN GENERAL.—Section 8(d)(6) of the Small 

9 Business Act (15 U.S.C. 637(d)(6)) is amended— 

10 (A) by striking ‘‘(6) Each subcontracting 

11 plan’’ and inserting the following: 

12 ‘‘(6) SUBCONTRACTING PLAN REQUIREMENTS.— 

13 Each subcontracting plan’’; 

14 (B) by amending subparagraph (E) to read 

15 as follows: 

16 ‘‘(E) assurances that the offeror or bidder 

17 will— 

18 ‘‘(i) submit— 

19 ‘‘(I) not later than 180 days after 

20 the date on which performance under 

21 the applicable contract begins, and 

22 every 180 days thereafter until con23 tract performance ends, a report that 

24 describes all subcontracting activities 

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1 under the contract during the pre2 ceding 180-day period; 

3 ‘‘(II) not later than 1 year after 

4 the date on which performance under 

5 the applicable contract begins, and an6 nually 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 after 

13 the date on which performance under 

14 the applicable contract ends, a report 

15 that describes all subcontracting activi16 ties under the contract; and 

17 ‘‘(ii) cooperate with any study or sur18 vey required by the applicable Federal agen19 cy or the Administration to determine the 

20 extent of compliance by the offeror or bidder 

21 with the subcontracting plan;’’; and 

22 (C) by moving the margins for subpara23 graphs (A), (B), (C), (D), and (F) 2 ems to the 

24 right (so that the align with subparagraph (E), 

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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 Ad6 ministrator of the Small Business Administra7 tion shall take such actions as are necessary to 

8 ensure that the Federal subcontracting reporting 

9 system to which covered reports are submitted is 

10 modified to notify the Administrator, the appro11 priate contracting officer, and the appropriate 

12 Director of Small and Disadvantaged Business 

13 Utilization if an entity fails to submit a re14 quired covered report. If the Administrator does 

15 not modify the subcontracting reporting system 

16 on or before the date that is 1 year after the date 

17 of enactment of this part, the Administrator may 

18 not carry out or establish any pilot program 

19 until the date the Administrator modifies the re20 porting system. 

21 (B) COVERED REPORT DEFINED.—In this 

22 paragraph, the term ‘‘covered report’’ means a 

23 report submitted in accordance with assurances 

24 provided under section 8(d)(6)(E) of the Small 

25 Business Act (15 U.S.C. 637(d)(6)(E)). 

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1 (b) FAILURE TO SUBMIT SUBCONTRACTING REPORTS

2 AS BREACH OF CONTRACT.—Section 8(d)(8) of such Act (15 

3 U.S.C. 637(d)(8)) is amended— 

4 (1) by striking ‘‘(8) The failure’’ and inserting 

5 the following: 

6 ‘‘(8) MATERIAL BREACH.—The failure’’; 

7 (2) in subparagraph (A) by striking ‘‘subsection, 

8 or’’ and inserting ‘‘subsection,’’; 

9 (3) in subparagraph (B) by striking ‘‘sub10 contract,’’ and inserting ‘‘subcontract, or’’; 

11 (4) by inserting after subparagraph (B) the fol12 lowing: 

13 ‘‘(C) assurances provided under paragraph 

14 (6)(E),’’; and 

15 (5) by moving the margins of subparagraphs 

16 (A), (B), and the matter following subparagraph (B) 

17 2 ems to the right. 

18 (c) AUTHORITY OF SMALL BUSINESS ADMINISTRA19 TION.—Section 8(d)(10) of such Act (15 U.S.C. 637(d)(10)) 

20 is amended— 

21 (1) by striking ‘‘(10) In the case of’’ and insert22 ing the following: 

23 ‘‘(10) AUTHORITY OF ADMINISTRATION.—In the 

24 case of’’; 

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1 (2) in subparagraph (B) by striking ‘‘, which 

2 shall be advisory in nature,’’; 

3 (3) in subparagraph (C) by striking ‘‘, either on 

4 a contract-by-contract basis, or in the case contrac5 tors’’ and inserting ‘‘as a supplement to evaluations 

6 performed by the contracting agency, either on a con7 tract-by-contract basis or, in the case of contractors’’; 

8 and 

9 (4) by moving the margins of subparagraphs (A) 

10 through (C) 2 ems to the right. 

11 (d) APPEALS.—Section 8(d) of such Act (15 U.S.C. 

12 637(d)) is amended by adding at the end the following: 

13 ‘‘(13) REVIEW AND ACCEPTANCE OF SUBCON14 TRACTING PLANS.— 

15 ‘‘(A) IN GENERAL.—Except as provided in 

16 subparagraph (E), if a procurement center rep17 resentative or commercial market representative 

18 determines that a subcontracting plan required 

19 under paragraph (4) or (5) fails to provide the 

20 maximum practicable opportunity for covered 

21 small business concerns to participate in the per22 formance of the contract to which the plan ap23 plies, such representative may delay acceptance 

24 of the plan in accordance with subparagraph 

25 (B). 

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1 ‘‘(B) PROCESS.— 

2 ‘‘(i) IN GENERAL.—Except as provided 

3 in clause (ii), a procurement center rep4 resentative or commercial market represent5 ative who makes the determination under 

6 subparagraph (A) with respect to a subcon7 tracting plan may delay acceptance of the 

8 plan for a 30-day period by providing writ9 ten notice of such determination to head of 

10 the procuring activity of the contracting 

11 agency. Such notice shall include rec12 ommendations for altering the plan to pro13 vide the maximum practicable opportunity 

14 described in that subparagraph. 

15 ‘‘(ii) EXCEPTION.—In the case of the 

16 Department of Defense, a procurement cen17 ter representative or commercial market 

18 representative who makes the determination 

19 under subparagraph (A) with respect to a 

20 subcontracting plan may delay acceptance 

21 of the plan for a 15-day period by pro22 viding written notice of such determination 

23 to appropriate personnel of the Department 

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1 vide the maximum practicable opportunity 

2 described in that subparagraph. The author3 ity of a procurement center representative 

4 or commercial market representative to 

5 delay acceptance of a subcontracting plan 

6 as provided in subparagraph (A), does not 

7 include the authority to delay the award or 

8 performance of the contract concerned. 

9 ‘‘(C) DISAGREEMENTS.—If a procurement 

10 center representative or commercial market rep11 resentative delays the acceptance of a subcon12 tracting plan under subparagraph (B) and does 

13 not reach agreement with head of the procuring 

14 activity of the contracting agency to alter the 

15 plan to provide the maximum practicable oppor16 tunity described in subparagraph (A) not later 

17 than 30 days from the date written notice was 

18 provided, the disagreement shall be submitted to 

19 the head of the contracting agency by the Admin20 istrator for a final determination. 

21 ‘‘(D) COVERED SMALL BUSINESS CONCERNS

22 DEFINED.—In this paragraph, the term ‘covered 

23 small business concerns’ means small business 

24 concerns, qualified HUBZone small business 

25 concerns, small business concerns owned and 

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1 controlled by veterans, small business concerns 

2 owned and controlled by service-disabled vet3 erans, small business concerns owned and con4 trolled by socially and economically disadvan5 taged individuals, and small business concerns 

6 owned and controlled by women. 

7 ‘‘(E) EXCEPTION.—The procurement center 

8 representative or commercial market representa9 tive may not delay the acceptance of a subcon10 tracting plan if the appropriate personnel of the 

11 contracting agency certify that the agency’s need 

12 for the property or services is of such an unusual 

13 and compelling urgency that the United States 

14 would be seriously injured unless the agency is 

15 permitted to accept the subcontracting plan.’’. 

16 SEC. 1656. NOTICES OF SUBCONTRACTING OPPORTUNITIES. 

17 Section 8(k)(1) of the Small Business Act (15 U.S.C. 

18 637(k)(1)) is amended by striking ‘‘in the Commerce Busi19 ness Daily’’ and inserting ‘‘on the appropriate Federal Web 

20 site (as determined by the Administrator)’’. 

21 SEC. 1657. REGULATIONS. 

22 Not later than 180 days after the date of enactment 

23 of this Act, the Administrator of the Small Business Admin24 istration shall issue guidance with respect to the changes 

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1 made to the Small Business Act, with opportunity for notice 

2 and comment. 

3 Subpart C—Publication of Certain Documents 

4 SEC. 1658. PUBLICATION OF CERTAIN DOCUMENTS. 

5 The Small Business Act (15 U.S.C. 631 et seq.), as 

6 amended by this part, is further amended by inserting after 

7 section 45 the following: 

8 ‘‘SEC. 46. PUBLICATION OF CERTAIN DOCUMENTS. 

9 ‘‘A Federal agency, other than the Department of De10 fense, may only convert a function that is being performed 

11 by a small business concern to performance by a Federal 

12 employee if the agency has made publicly available the pro13 cedures and methodologies of the agency with respect to de14 cisions to convert a function being performed by a small 

15 business concern to performance by a Federal employee, in16 cluding procedures and methodologies for determining 

17 which contracts will be studied for potential conversion; 

18 procedures and methodologies by which a contract is evalu19 ated as inherently governmental or as a critical agency 

20 function; and procedures and methodologies for estimating 

21 and comparing costs.’’. 

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1 PART V —SMALL BUSINESS CONCERN SIZE 

2 STANDARDS 

3 SEC. 1661. SMALL BUSINESS CONCERN SIZE STANDARDS. 

4 Section 3 of the Small Business Act (15 U.S.C. 632) 

5 is amended— 

6 (1) by striking ‘‘SEC. 3.’’ and inserting the fol7 lowing: 

8 ‘‘SEC. 3. DEFINITIONS.’’; and 

9 (2) in subsection (a)— 

10 (A) by striking the subsection enumerator 

11 and inserting the following: 

12 ‘‘(a) SMALL BUSINESS CONCERNS.—’’; 

13 (B) in paragraph (1) by striking ‘‘(1) For 

14 the purposes’’ and inserting the following: 

15 ‘‘(1) IN GENERAL.—For the purposes’’; 

16 (C) in paragraph (3) by striking ‘‘(3) When 

17 establishing’’ and inserting the following: 

18 ‘‘(3) VARIATION BY INDUSTRY AND CONSIDER19 ATION OF OTHER FACTORS.—When establishing’’; 

20 (D) by moving paragraph (5), including 

21 each subparagraph and clause therein, 2 ems to 

22 the right; and 

23 (E) by adding at the end the following: 

24 ‘‘(6) PROPOSED RULE MAKING.—In conducting 

25 rulemaking to revise, modify or establish size stand26 ards pursuant to this section, the Administrator shall 

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1 consider, and address, and make publicly available as 

2 part of the notice of proposed rule making and notice 

3 of final rule each of the following: 

4 ‘‘(A) a detailed description of the industry 

5 for which the new size standard is proposed; 

6 ‘‘(B) an analysis of the competitive environ7 ment for that industry; 

8 ‘‘(C) the approach the Administrator used 

9 to develop the proposed standard including the 

10 source of all data used to develop the proposed 

11 rulemaking; and 

12 ‘‘(D) the anticipated effect of the proposed 

13 rulemaking on the industry, including the num14 ber of concerns not currently considered small 

15 that would be considered small under the pro16 posed rulemaking and the number of concerns 

17 currently considered small that would be deemed 

18 other than small under the proposed rulemaking. 

19 ‘‘(7) COMMON SIZE STANDARDS.—In carrying 

20 out this subsection, the Administrator may establish 

21 or approve a single size standard for a grouping of 

22 four digit North American Industrial Classification 

23 codes only if the Administrator makes publicly avail24 able, not later than the date on which such size stand25 ard is established or approved, a justification demmstockstill on DSK4VPTVN1PROD with BILLS

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1 onstrating that such size standard is appropriate for 

2 each individual industry classification included in 

3 the grouping. 

4 ‘‘(8) NUMBER OF SIZE STANDARDS.—The Ad5 ministrator shall not limit the number of size stand6 ards it creates pursuant to paragraph (2), and shall 

7 assign the appropriate size standard to each North 

8 American Industrial Classification System Code’’. 

9 PART VI —CONTRACT BUNDLING 

10 SEC. 1671. CONSOLIDATION OF PROVISIONS RELATING TO 

11 CONTRACT BUNDLING. 

12 Section 44 of the Small Business Act (15 U.S.C. 657q) 

13 is amended to read as follows: 

14 ‘‘SEC. 44. CONTRACT BUNDLING. 

15 ‘‘(a) DEFINITIONS.—In this Act: 

16 ‘‘(1) BUNDLED CONTRACT.—The term ‘bundled 

17 contract’— 

18 ‘‘(A) means a contract that is entered into 

19 to meet procurement requirements that are com20 bined in a bundling of contract requirements, 

21 without regard to whether a study of the effects 

22 of the solicitation on Federal officers or employ23 ees has been made; and 

24 ‘‘(B) does not include— 

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1 ‘‘(i) a contract with an aggregate dol2 lar value below the dollar threshold; or 

3 ‘‘(ii) a single award contract for the 

4 acquisition of a weapons system acquired 

5 through a major defense acquisition. 

6 ‘‘(2) BUNDLING METHODOLOGY.—The term ‘bun7 dling methodology’ means— 

8 ‘‘(A) a solicitation to obtain offers for a sin9 gle contract or a multiple award contract; 

10 ‘‘(B) a solicitation of offers for the issuance 

11 of a task or a delivery order under an existing 

12 single or multiple award contract; or 

13 ‘‘(C) the creation of any new procurement 

14 requirements that permits a combination of con15 tract requirements, including any combination 

16 of contract requirements or order requirements. 

17 ‘‘(3) BUNDLING OF CONTRACT REQUIREMENTS.— 

18 The term ‘bundling of contract requirements’, with re19 spect to the contract requirements of a Federal agen20 cy— 

21 ‘‘(A) means the use of any bundling meth22 odology to satisfy 2 or more procurement re23 quirements for new or existing goods or services 

24 provided to or performed for the Federal agency, 

25 including any construction services, that is likely 

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1 to be unsuitable for award to a small-business 

2 concern due to— 

3 ‘‘(i) the diversity, size, or specialized 

4 nature of the elements of the performance 

5 specified; 

6 ‘‘(ii) the aggregate dollar value of the 

7 anticipated award; 

8 ‘‘(iii) the geographical dispersion of the 

9 contract performance sites; or 

10 ‘‘(iv) any combination of the factors 

11 described in clauses (i), (ii), and (iii); and 

12 ‘‘(B) does not include the use of a bundling 

13 methodology for an anticipated award with an 

14 aggregate dollar value below the dollar threshold. 

15 ‘‘(4) CHIEF ACQUISITION OFFICER.—The term 

16 ‘Chief Acquisition Officer’ means the employee of a 

17 Federal agency designated as the Chief Acquisition 

18 Officer for the Federal agency under section 1702(a) 

19 of title 41, United States Code. 

20 ‘‘(5) CONTRACT.—The term ‘contract’ includes, 

21 for purposes of this section, any task order made pur22 suant to an indefinite quantity, indefinite delivery 

23 contract. 

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1 ‘‘(6) CONTRACT BUNDLING.—The term ‘contract 

2 bundling’ means the process by which a bundled con3 tract is created. 

4 ‘‘(7) DOLLAR THRESHOLD.—The term ‘dollar 

5 threshold’ means— 

6 ‘‘(A) in the case of a contract for construc7 tion, $5,000,000; and 

8 ‘‘(B) in any other case, $2,000,000. 

9 ‘‘(8) MAJOR DEFENSE ACQUISITION PROGRAM.— 

10 The term ‘major defense acquisition program’ has the 

11 meaning given in section 2430(a) of title 10, United 

12 States Code. 

13 ‘‘(9) PREVIOUSLY BUNDLED CONTRACT.—The 

14 term ‘previously bundled contract’ means a contract 

15 that is the successor to a contract that required a 

16 bundling analysis, contract for which any of the suc17 cessor contract were designated as a consolidated con18 tract or bundled contract in the Federal procurement 

19 database, or a contract for which the Administrator 

20 designated the prior contract as a bundled contract. 

21 ‘‘(10) PROCUREMENT ACTIVITY.—The term ‘pro22 curement activity’ means the Federal agency or office 

23 thereof acquiring goods or services. 

24 ‘‘(11) PROCUREMENT REQUIREMENT.—The term 

25 ‘procurement requirement’ means a determination by 

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1 an agency that the acquisition of a specified good or 

2 service is needed to satisfy the mission of the agency. 

3 ‘‘(12) SENIOR PROCUREMENT EXECUTIVE.—The 

4 term ‘senior procurement executive’ means an official 

5 designated under section 1702(c) of title 41, United 

6 States Code, as the senior procurement executive for 

7 a Federal agency. 

8 ‘‘(13) TRADE ASSOCIATION.—The term ‘trade as9 sociation’ means any entity that is described in para10 graph (3), (6), (12), or (19) of section 501(c) of the 

11 Internal Revenue Code of 1986 and which is exempt 

12 from tax under section 501(a) of such Code. 

13 ‘‘(b) POLICY.—The head of each Federal agency shall 

14 ensure that the decisions made by the Federal agency re15 garding contract bundling are made with a view to pro16 viding small business concerns with the maximum prac17 ticable opportunities to participate as prime contractors 

18 and subcontractors in the procurements of the Federal agen19 cy. 

20 ‘‘(c) CONTRACT BUNDLING.— 

21 ‘‘(1) PROPOSED PROCUREMENTS.—Paragraphs 

22 (2) through (4) shall apply to a proposed procurement 

23 if the proposed procurement— 

24 ‘‘(A) one or more small business concerns 

25 would suffer economic harm or disruption of its 

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1 business operations, including the potential loss 

2 of an existing contract, as a direct or indirect re3 sult of the contract bundling; 

4 ‘‘(B) includes, in its statement of work, 

5 goods or services— 

6 ‘‘(i)(I) currently being performed by a 

7 small business; and 

8 ‘‘(II) if the proposed procurement is in 

9 a quantity or estimated dollar value the 

10 magnitude of which renders small business 

11 prime contract participation unlikely; or 

12 ‘‘(ii)(I) that are of a type that the Ad13 ministrator through market research can 

14 demonstrate that two or more small busi15 nesses are capable of performing; and 

16 ‘‘(II) if the statement of work proposes 

17 combining the goods or services identified in 

18 subclause (I) with other requirements for 

19 goods or services into the solicitation of of20 fers; 

21 ‘‘(C) is for construction and— 

22 ‘‘(i) seeks to package or combine dis23 crete construction projects; or 

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1 ‘‘(ii) the value of the goods or services 

2 subject to the contract exceeds the dollar 

3 threshold; or 

4 ‘‘(D) is determined by the Administrator to 

5 have a solicitation that involves an unnecessary 

6 or unjustified bundling of contract requirements. 

7 ‘‘(2) RESPONSIBILITY OF THE PROCUREMENT AC8 TIVITY.—At least 45 days prior to the issuance of a 

9 solicitation, the Procurement Activity shall notify 

10 and provide a copy of the proposed procurement to 

11 the procurement center representative assigned to the 

12 Procurement Activity. The 45-day notification process 

13 under this paragraph shall occur concurrently with 

14 other processing steps required prior to issuance of the 

15 solicitation. The notice shall include a statement as to 

16 why the agency has determined that contract bun17 dling is necessary and justified and shall also describe 

18 why the proposed acquisition cannot be offered so as 

19 to make small business participation likely. Such 

20 statement shall address— 

21 ‘‘(A) why the proposed acquisition cannot 

22 be further divided into reasonably small lots or 

23 discrete tasks in order to permit offers by small 

24 business concerns; 

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1 ‘‘(B) if applicable, a list of the incumbent 

2 contractors disaggregated by and including 

3 names, addresses, and whether or not the con4 tractor is a small business concern; 

5 ‘‘(C) a description of the industries that 

6 might be interested in bidding on the contract re7 quirements; 

8 ‘‘(D) an assessment of the impact on small 

9 businesses that had bid on previous procurement 

10 requirements that are included in the bundling 

11 of contract requirements; 

12 ‘‘(E) delineating the number of existing 

13 small business concerns whose contracts will 

14 cease if the contract bundling proceeds; 

15 ‘‘(F) if delivery schedule was a factor in the 

16 decision to bundle, an explanation as to why a 

17 schedule could not be developed that would en18 courage small business participation; and 

19 ‘‘(G) in the case of a construction contract, 

20 why construction cannot be procured as separate 

21 discrete projects. 

22 ‘‘(3) PUBLICATION OF NOTICE STATEMENT.— 

23 Concurrently, the statement required in paragraph 

24 (2) shall be published in the Federal contracting op25 portunities database. 

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1 ‘‘(4) RECOMPETITION OF A PREVIOUSLY BUN2 DLED CONTRACT.—If the proposed procurement is a 

3 previously bundled contract, that is to be recompeted 

4 as a bundled contract, the Administrator shall deter5 mine, with the assistance of the agency proposing the 

6 procurement— 

7 ‘‘(A) the amount of savings and benefits (in 

8 accordance with subsection (d)) achieved under 

9 the bundling of contract requirements; 

10 ‘‘(B) whether such savings and benefits will 

11 continue to be realized if the contract remains 

12 bundled, and whether such savings and benefits 

13 would be greater if the procurement requirements 

14 were divided into separate solicitations suitable 

15 for award to small business concerns; 

16 ‘‘(C) the dollar value of subcontracts award17 ed to small business concerns under the bundled 

18 contract, disaggregated by North American In19 dustrial Classification System Code; 

20 ‘‘(D) the percentage of subcontract dollars 

21 awarded to small businesses under the bundled 

22 contract, disaggregated by North American In23 dustrial Classification System Code; and 

24 ‘‘(E) the dollar amount and percentage of 

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1 nesses in the primary North American Indus2 trial Classification System Code for that bundled 

3 contract during each of the two fiscal years pre4 ceding the award of the bundled contract and 

5 during each fiscal year of the performance of the 

6 bundled contract. 

7 ‘‘(5) FAILURE TO PROVIDE NOTICE.— 

8 ‘‘(A) NO NOTIFICATION RECEIVED.—If no 

9 notification of the proposed procurement or ac10 companying statement is received, but the Ad11 ministrator determines that the proposed pro12 curement is a proposed procurement described in 

13 paragraph (1), then the Administrator shall re14 quire that such a statement of work be completed 

15 by the Procurement Activity and sent to the pro16 curement center representative and postpone the 

17 solicitation process for at least 10 days but not 

18 more than 45 days to allow the Administrator to 

19 review the statement and make recommendations 

20 as described in this section before the procure21 ment process is continued. 

22 ‘‘(B) NO WORK CONTINUED.—If the Admin23 istrator requires a Procurement Activity to pro24 vide a statement of work pursuant to subpara25 graph (A), the Procurement Activity shall not be 

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1 permitted to continue with the procurement until 

2 such time as the Procurement Activity complies 

3 with the requirements of subparagraph (A). 

4 ‘‘(6) RESPONSIBILITY OF THE PROCUREMENT

5 CENTER REPRESENTATIVE.—Within 15 days after re6 ceipt of the proposed procurement and accompanying 

7 statement, if the procurement center representative be8 lieves that the procurement as proposed will render 

9 small business prime contract participation unlikely, 

10 the representative shall recommend to the Procure11 ment Activity alternative procurement methods which 

12 would increase small business prime contracting op13 portunities. 

14 ‘‘(7) DISAGREEMENT BETWEEN THE ADMINIS15 TRATOR AND THE PROCUREMENT ACTIVITY.— 

16 ‘‘(A) IN GENERAL.—If the Administrator 

17 determines that a small business concern would 

18 be adversely affected, directly or indirectly, by 

19 the proposed procurement, or if a small business 

20 concern or a trade association of which that 

21 small business concern is a member so requests, 

22 the Administrator may take action under this 

23 paragraph to further the interests of small busi24 nesses. 

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1 ‘‘(B) APPEAL TO AGENCY HEAD.—The pro2 posed procurement shall be submitted for deter3 mination to the head of the contracting agency 

4 by the Administrator. 

5 ‘‘(C) APPEAL BY AFFECTED SMALL BUSI6 NESS CONCERN TO GAO.—For purposes of sub7 chapter V of chapter 35 of title 31, United States 

8 Code, if a protest is submitted to the Comptroller 

9 General under that subchapter alleging a viola10 tion of this section of the Small Business Act, a 

11 trade association representing small business 

12 concerns shall be considered an interested party. 

13 ‘‘(d) MARKET RESEARCH.— 

14 ‘‘(1) IN GENERAL.—Before proceeding with an 

15 acquisition strategy that could lead to bundled con16 tracts, the head of an agency shall conduct market re17 search to determine whether bundling of the require18 ments is necessary and justified. 

19 ‘‘(2) FACTORS.—For purposes of subsection 

20 (c)(1), a bundled contract is necessary and justified 

21 if the bundling of contract requirements will result in 

22 substantial measurable benefits in excess of those bene23 fits resulting from a procurement of the contract re24 quirements that does not involve contract bundling. 

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1 ‘‘(3) BENEFITS.—For the purposes of bundling of 

2 contract requirements, benefits described in para3 graph (2) may include the following: 

4 ‘‘(A) Cost savings. 

5 ‘‘(B) Quality improvements. 

6 ‘‘(C) Reduction in acquisition cycle times. 

7 ‘‘(D) Better terms and conditions. 

8 ‘‘(E) Any other benefits. 

9 ‘‘(4) REDUCTION OF COSTS NOT DETERMINA10 TIVE.—For purposes of this subsection: 

11 ‘‘(A) Cost savings shall not include any re12 duction in the use of military interdepartmental 

13 purchase requests or any similar transfer funds 

14 among Federal agencies for the use of a contract 

15 issued by another Federal agency. 

16 ‘‘(B) The reduction of administrative or 

17 personnel costs alone shall not be a justification 

18 for bundling of contract requirements unless the 

19 cost savings are expected to be substantial in re20 lation to the dollar value of the procurement re21 quirements to be bundled. 

22 ‘‘(5) LIMITATION ON ACQUISITION STRATEGY.— 

23 The head of a Federal agency may not carry out an 

24 acquisition strategy that includes bundled contracts 

25 valued in excess of the dollar threshold, unless the senmstockstill on DSK4VPTVN1PROD with BILLS

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1 ior procurement executive or, if applicable, Chief Ac2 quisition Officer, for the Federal agency, certifies to 

3 the head of the Federal agency that steps will be taken 

4 to include small business concerns in the acquisition 

5 strategy prior to the implementation of such acquisi6 tion strategy. 

7 ‘‘(e) STRATEGY SPECIFICATIONS.—If the head of a con8 tracting agency determines that an acquisition plan or pro9 posed procurement strategy will result in a bundled con10 tract, the proposed acquisition plan or procurement strat11 egy shall— 

12 ‘‘(1) identify specifically the benefits anticipated 

13 to be derived from the bundling of contract require14 ments; 

15 ‘‘(2) set forth an assessment of the specific im16 pediments to participation by small business concerns 

17 as prime contractors that result from the contract 

18 bundling and specify actions designed to maximize 

19 small business participation as subcontractors (in20 cluding suppliers) at various tiers under the contract 

21 or contracts that are awarded to meet the require22 ments; and 

23 ‘‘(3) include a specific determination that the 

24 anticipated measurable benefits of the proposed bun25 dled contract justify its use. 

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1 ‘‘(f) CONTRACT TEAMING.—In the case of a solicitation 

2 of offers for a bundled contract that is issued by the head 

3 of an agency, a small-business concern may submit an offer 

4 that provides for use of a particular team of subcontractors 

5 for the performance of the contract. The head of the agency 

6 shall evaluate the offer in the same manner as other offers, 

7 with due consideration to the capabilities of all of the pro8 posed subcontractors. If a small business concern teams 

9 under this paragraph, it shall not affect its status as a 

10 small business concern for any other purpose. 

11 ‘‘(g) DATABASE, ANALYSIS, AND ANNUAL REPORT RE12 GARDING CONTRACT BUNDLING.— 

13 ‘‘(1) DATABASE.—Not later than 180 days after 

14 the date of the enactment of this subsection, the Ad15 ministrator shall develop and shall thereafter main16 tain a database containing data and information re17 garding— 

18 ‘‘(A) each bundled contract awarded by a 

19 Federal agency; and 

20 ‘‘(B) each small business concern that has 

21 been displaced as a prime contractor as a result 

22 of the award of such a contract. 

23 ‘‘(2) ANALYSIS.—For each bundled contract that 

24 is to be recompeted, the Administrator shall deter25 mine— 

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1 ‘‘(A) the amount of savings and benefits re2 alized, in comparison with the savings and bene3 fits anticipated by the analysis required under 

4 subsection (d) prior to the contract award; and 

5 ‘‘(B) whether such savings and benefits will 

6 continue to be realized if the contract remains 

7 bundled, and whether such savings and benefits 

8 would be greater if the procurement requirements 

9 were divided into separate solicitations suitable 

10 for award to small business concerns. 

11 ‘‘(3) ANNUAL REPORT ON CONTRACT BUN12 DLING.— 

13 ‘‘(A) IN GENERAL.—Not later than 1 year 

14 after the date of the enactment of this paragraph, 

15 and annually in March thereafter, the Adminis16 trator shall transmit a report on contract bun17 dling to the Committee on Small Business of the 

18 House of Representatives and the Committee on 

19 Small Business and Entrepreneurship of the 

20 Senate. 

21 ‘‘(B) CONTENTS.—Each report transmitted 

22 under subparagraph (A) shall include— 

23 ‘‘(i) data on the number, arranged by 

24 industrial classification, of small business 

25 concerns displaced as prime contractors as 

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1 a result of the award of bundled contracts 

2 by Federal agencies; and 

3 ‘‘(ii) a description of the activities 

4 with respect to previously bundled contracts 

5 of each Federal agency during the preceding 

6 year, including— 

7 ‘‘(I) data on the number and total 

8 dollar amount of all contract require9 ments that were bundled; and 

10 ‘‘(II) with respect to each bundled 

11 contract, data or information on— 

12 ‘‘(aa) the justification for the 

13 bundling of contract requirements; 

14 ‘‘(bb) the cost savings real15 ized by bundling the contract re16 quirements over the life of the con17 tract; 

18 ‘‘(cc) the extent to which 

19 maintaining the bundled status of 

20 contract requirements is projected 

21 to result in continued cost sav22 ings; 

23 ‘‘(dd) the extent to which the 

24 bundling of contract requirements 

25 complied with the contracting 

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1 agency’s small business subcon2 tracting plan, including the total 

3 dollar value awarded to small 

4 business concerns as subcontrac5 tors and the total dollar value 

6 previously awarded to small busi7 ness concerns as prime contrac8 tors; and 

9 ‘‘(ee) the impact of the bun10 dling of contract requirements on 

11 small business concerns unable to 

12 compete as prime contractors for 

13 the consolidated requirements and 

14 on the industries of such small 

15 business concerns, including a de16 scription of any changes to the 

17 proportion of any such industry 

18 that is composed of small business 

19 concerns. 

20 ‘‘(h) BUNDLING ACCOUNTABILITY MEASURES.— 

21 ‘‘(1) TEAMING REQUIREMENTS.—Each Federal 

22 agency shall include in each solicitation for any mul23 tiple award contract above the dollar threshold a pro24 vision soliciting bids from any responsible source, inmstockstill on DSK4VPTVN1PROD with BILLS

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1 cluding responsible small business concerns and teams 

2 or joint ventures of small business concerns. 

3 ‘‘(2) POLICIES ON REDUCTION OF CONTRACT

4 BUNDLING.— 

5 ‘‘(A) IN GENERAL.—Not later than 270 

6 days after the date of enactment of this subpara7 graph, the Federal Acquisition Regulatory Coun8 cil, established under section 1302(a) of title 41, 

9 United States Code, shall amend the Federal Ac10 quisition Regulation issued under section 1303 of 

11 such title to— 

12 ‘‘(i) establish a Government-wide pol13 icy regarding contract bundling, including 

14 regarding the solicitation of teaming and 

15 joint ventures; and 

16 ‘‘(ii) require that the policy established 

17 under clause (i) be published on the website 

18 of each Federal agency. 

19 ‘‘(B) RATIONALE FOR CONTRACT BUN20 DLING.—Not later than 30 days after the date on 

21 which the head of a Federal agency submits the 

22 report required under section 15(h), the head of 

23 the Federal agency shall publish on the website 

24 of the Federal agency a list and rationale for 

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1 cy solicited bids or that was awarded by the Fed2 eral agency.’’. 

3 SEC. 1672. REPEAL OF REDUNDANT PROVISIONS. 

4 (a) CERTAIN PROVISIONS REGARDING CONTRACT BUN5 DLING REPEALED.— 

6 (1) Section 15(a) of the Small Business Act (15 

7 U.S.C. 644(a)), is amended by striking ‘‘If a proposed 

8 procurement includes’’ and all that follows through 

9 ‘‘the matter shall be submitted for determination to 

10 the Secretary or the head of the appropriate depart11 ment or agency by the Administrator.’’. 

12 (2) All references in law to such sentences as they 

13 were in effect on the date that is one day prior to the 

14 effective date of this Act shall be deemed to be ref15 erences to section 44(d), as added by this part. 

16 (b) CERTAIN PROVISIONS REGARDING MARKET RE17 SEARCH REPEALED.— 

18 (1) Paragraphs (2) through (4) of section 15(e) 

19 of the Small Business Act (15 U.S.C. 644(e)) are re20 pealed. 

21 (2) All references in law to such paragraphs, as 

22 in effect on the date that is one day prior to the effec23 tive date of this Act, shall be deemed to be references 

24 to subsections (d) through (f), respectively, of section 

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1 44 of the Small Business Act, as added by this sec2 tion. 

3 (c) CERTAIN PROVISIONS REGARDING CONTRACT BUN4 DLING DATABASE REPEALED.— 

5 (1) Paragraph (1) of section 15(p) of the Small 

6 Business Act (15 U.S.C. 644(p)) is repealed. 

7 (2) Paragraphs (2) through (4) of section 15(p) 

8 of the Small Business Act (15 U.S.C. 644(p)) are re9 pealed. All references in law to such paragraphs, as 

10 in effect on the date that is one day prior to the effec11 tive date of this Act, shall be deemed to be references 

12 to paragraphs (1) through (3), respectively, of section 

13 44(h) of the Small Business Act, as added by this 

14 part. 

15 (d) CERTAIN PROVISIONS REGARDING BUNDLING AC16 COUNTABILITY MEASURES REPEALED.— 

17 (1) Paragraphs (1) and (2) of section 15(q) of 

18 the Small Business Act (15 U.S.C. 644(q)) are re19 pealed. 

20 (2) All references in law to such paragraphs, as 

21 in effect on the date that is one day prior to the effec22 tive date of this Act, shall be deemed to be references 

23 to paragraphs (1) and (2), respectively, of section 

24 44(i) of the Small Business Act, as added by this 

25 part. 

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1 (e) CERTAIN PROVISIONS REGARDING.—Subsection (o) 

2 of section 3 of the Small Business Act (15 U.S.C.) is re3 pealed. 

4 SEC. 1673. TECHNICAL AMENDMENTS. 

5 Section 15 of the Small Business Act (15 U.S.C. 644) 

6 is amended— 

7 (1) in the heading of subsection (p), to read as 

8 follows: ‘‘ACCESS TO DATA.—’’; and 

9 (2) in the heading of subsection (q), to read as 

10 follows: ‘‘REPORTS RELATED TO PROCUREMENT CEN11 TER REPRESENTATIVES.—’’. 

12 PART VII —INCREASED PENALTIES FOR FRAUD 

13 SEC. 1681. SAFE HARBOR FOR GOOD FAITH COMPLIANCE 

14 EFFORTS. 

15 (a) SMALL BUSINESS FRAUD.—Section 16(d) of the 

16 Small Business Act (15 U.S.C. 645(d)) is amended by in17 serting after paragraph (2) the following: 

18 ‘‘(3) LIMITATION ON LIABILITY.—This subsection 

19 shall not apply to any conduct in violation of sub20 section (a) if the defendant acted in reliance on a 

21 written advisory opinion from a licensed attorney 

22 who is not an employee of the defendant.’’. 

23 (b) REGULATIONS.—Not later than 270 days after the 

24 date of enactment of this part, the Administrator of the 

25 Small Business Administration shall issue rules defining 

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1 what constitutes an adequate advisory opinion for purposes 

2 of section 16(d)(3) of the Small Business Act. 

3 (c) SMALL BUSINESS COMPLIANCE GUIDE.—Not later 

4 than 270 days after the date of enactment of this part, the 

5 Administrator of the Small Business Administration shall 

6 issue (pursuant to section 212 of the Small Business Regu7 latory Enforcement Fairness Act of 1996) a compliance 

8 guide to assist business concerns in accurately determining 

9 their status as a small business concern. 

10 SEC. 1682. OFFICE OF HEARINGS AND APPEALS. 

11 (a) CHIEF HEARING OFFICER.—Section 4(b)(1) of the 

12 Small Business Act is amended by adding at the end the 

13 following: ‘‘One shall be designated at the time of his or 

14 her appointment as the Chief Hearing Officer, who shall 

15 head and administer the Office of Hearings and Appeals 

16 within the Administration.’’. 

17 (b) OFFICE OF HEARINGS AND APPEALS ESTAB18 LISHED IN ADMINISTRATION.—Section 5 of the Small Busi19 ness Act (15 U.S.C. 634) is amended by adding at the end 

20 the following: 

21 ‘‘(i) OFFICE OF HEARINGS AND APPEALS.— 

22 ‘‘(1) IN GENERAL.—There is established in the 

23 Administration an Office of Hearings and Appeals— 

24 ‘‘(A) to impartially decide such matters, 

25 where Congress designates that a hearing on the 

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1 record is required or which the Administrator 

2 designates by regulation or otherwise; and 

3 ‘‘(B) which shall contain the Administra4 tion’s Freedom of Information/Privacy Acts Of5 fice. 

6 ‘‘(2) CHIEF HEARING OFFICER.—The Chief 

7 Hearing Officer shall be a career member of the Sen8 ior Executive Service and an attorney duly licensed 

9 by any State, commonwealth, territory, or the Dis10 trict of Columbia. 

11 ‘‘(A) DUTIES.—The Chief Hearing Officer 

12 shall— 

13 ‘‘(i) serve as the Chief Administrative 

14 Law Judge; and 

15 ‘‘(ii) be responsible for the operation 

16 and management of the Office of Hearings 

17 and Appeals, pursuant to the rules of prac18 tice established by the Administrator. 

19 ‘‘(B) ALTERNATIVE DISPUTE RESOLU20 TION.—The Chief Hearing Officer may also as21 sign a matter for mediation or other means of 

22 alternative dispute resolution. 

23 ‘‘(3) ADMINISTRATIVE LAW JUDGES.— 

24 ‘‘(A) IN GENERAL.—An administrative law 

25 judge shall be an attorney duly licensed by any 

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1 State, commonwealth, territory, or the District of 

2 Columbia. 

3 ‘‘(B) CONDITIONS OF EMPLOYMENT.—(i) An 

4 administrative law judge shall serve in the ex5 cepted service as an employee of the Administra6 tion under section 2103 of title 5, United States 

7 Code, and under the supervision of the Chief 

8 Hearing Officer. 

9 ‘‘(ii) Administrative law judge positions 

10 shall be classified at Senior Level, as such term 

11 is defined in section 5376 of title 5, United 

12 States Code. 

13 ‘‘(iii) Compensation for administrative law 

14 judge positions shall be set in accordance with 

15 the pay rates of section 5376 of title 5, United 

16 States Code. 

17 ‘‘(C) TREATMENT OF CURRENT PER18 SONNEL.—An individual serving as a Judge in 

19 the Office of Hearings and Appeals (as that posi20 tion and office are designated in section 134.101 

21 of title 13, Code of Federal Regulations (as in ef22 fect on January 1, 2012)) on the effective date 

23 of this subsection shall be considered as qualified 

24 to be and redesignated as administrative law 

25 judges. 

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1 ‘‘(D) POWERS.—An administrative law 

2 judge shall have the authority to conduct hear3 ings in accordance with sections 554, 556, and 

4 557 of title 5, United States Code.’’. 

5 SEC. 1683. REQUIREMENT FRAUDULENT BUSINESSES BE 

6 SUSPENDED OR DEBARRED. 

7 (a) IN GENERAL.—Section 16(d)(2)(C) of the Small 

8 Business Act (15 U.S.C. 645(d)(2)(C)) is amended by strik9 ing ‘‘on the basis that such misrepresentation indicates a 

10 lack of business integrity that seriously and directly affects 

11 the present responsibility to perform any contract awarded 

12 by the Federal Government or a subcontract under such a 

13 contract’’. 

14 (b) REVISION TO FAR.—Not later than 270 days after 

15 the date of enactment of this part, the Federal Acquisition 

16 Regulation shall be revised to implement the amendment 

17 made by this section. 

18 (c) DEVELOPMENT AND PROMULGATION OF GUID19 ANCE.—Not later than 270 days after the date of enactment 

20 of this part, the Administrator of the Small Business Ad21 ministration shall develop and promulgate guidance imple22 menting this section. 

23 (d) PUBLICATION OF PROCEDURES REGARDING SUS24 PENSION AND DEBARMENT.—Not later than 270 days after 

25 the date of enactment of this part, the Administrator shall 

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1 publish on the Administration’s Web site the standard oper2 ating procedures for suspension and debarment in effect, 

3 and the name and contact information for the individual 

4 designated by the Administrator as the senior individual 

5 responsible for suspension and debarment proceedings. 

6 SEC. 1684. ANNUAL REPORT ON SUSPENSIONS AND 

7 DEBARMENTS PROPOSED BY SMALL BUSI8 NESS ADMINISTRATION. 

9 (a) REPORT REQUIREMENT.—The Administrator of 

10 the Small Business Administration shall submit each year 

11 to the Committee on Small Business and Entrepreneurship 

12 of the Senate, and the Committee on Small Business of the 

13 House of Representatives a report on the suspension and 

14 debarment actions taken by the Administrator during the 

15 year preceding the year of submission of the report. 

16 (b) MATTERS COVERED.—The report required by sub17 section (a) shall include the following information for the 

18 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 agen22 cy that originated each proposal for suspension or de23 barment. 

24 (3) REASONS.—The reason for each proposal for 

25 suspension or debarment. 

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1 (4) RESULTS.—The result of each proposal for 

2 suspension or debarment, and the reason for such re3 sult. 

4 (5) REFERRALS.—The number of suspensions or 

5 debarments referred to the Inspector General of the 

6 Small Business Administration or another agency, or 

7 to the Attorney General (for purposes of this para8 graph, the Administrator may redact identifying in9 formation on names of companies or other informa10 tion in order to protect the integrity of any ongoing 

11 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.—Sec17 tion 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 any 

22 agency in which the positions of Chief Acquisition Officer 

23 and senior procurement executive (as such terms are defined 

24 under section 44(a) of this Act) are not Senior Executive 

25 Service positions, the Director of Small and Disadvantaged 

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1 Business Utilization may be appointed to a position com2 pensated at not less than the minimum rate of basic pay 

3 payable for grade GS–15 of the General Schedule under sec4 tion 5332 of such title (including comparability payments 

5 under section 5304 of such title);’’. 

6 (b) PERFORMANCE APPRAISALS.—Section 15(k)(3) of 

7 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 re10 sponsible only to (including with respect to perform11 ance appraisals), and report directly and exclusively 

12 to, the head’’; and 

13 (2) by striking ‘‘be responsible only to, and re14 port directly to, such Secretary’’ and inserting ‘‘be re15 sponsible only to (including with respect to perform16 ance appraisals), and report directly and exclusively 

17 to, such Secretary’’. 

18 (c) SMALL BUSINESS TECHNICAL ADVISERS.—Section 

19 15(k)(8)(B) of such Act (15 U.S.C. 644(k)(8)(B)) is amend20 ed— 

21 (1) by striking ‘‘and 15 of this Act,’’ and insert22 ing ‘‘, 15, and 44 of this Act;’’; and 

23 (2) by inserting after ‘‘of this Act’’ the following: 

24 ‘‘(giving priority in assigning to small business that 

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1 employment rate is higher than the national average 

2 unemployment rate for the United States)’’. 

3 (d) ADDITIONAL REQUIREMENTS.—Section 15(k) of 

4 such Act (15 U.S.C. 644(k)) is amended by inserting after 

5 paragraph (10) the following: 

6 ‘‘(11) shall review and advise such agency on 

7 any decision to convert an activity performed by a 

8 small business concern to an activity performed by a 

9 Federal employee; 

10 ‘‘(12) shall provide to the Chief Acquisition Offi11 cer and senior procurement executive of such agency 

12 advice and comments on acquisition strategies, mar13 ket research, and justifications related to section 44 of 

14 this Act; 

15 ‘‘(13) may provide training to small business 

16 concerns and contract specialists, except that such 

17 training may only be provided to the extent that the 

18 training does not interfere with the Director carrying 

19 out other responsibilities under this subsection; 

20 ‘‘(14) shall receive unsolicited proposals and, 

21 when appropriate, forward such proposals to per22 sonnel of the activity responsible for reviewing such 

23 proposals 

24 ‘‘(15) shall carry out exclusively the duties enu25 merated in this Act, and shall, while the Director, not 

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1 hold any other title, position, or responsibility, except 

2 as necessary to carry out responsibilities under this 

3 subsection; and 

4 ‘‘(16) shall submit, each fiscal year, to the Com5 mittee on Small Business of the House of Representa6 tives and the Committee on Small Business and En7 trepreneurship of the Senate a report describing— 

8 ‘‘(A) the training provided by the Director 

9 under paragraph (13) in the most recently com10 pleted fiscal year; 

11 ‘‘(B) the percentage of the budget of the Di12 rector used for such training in the most recently 

13 completed fiscal year; and 

14 ‘‘(C) the percentage of the budget of the Di15 rector used for travel in the most recently com16 pleted fiscal year.’’. 

17 (e) REQUIREMENT OF CONTRACTING EXPERIENCE FOR

18 OSDBU DIRECTOR.—Section 15(k) of the Small Business 

19 Act (15 U.S.C. 644(k)), as amended by this part, is further 

20 amended, in the matter preceding paragraph (1), by strik21 ing ‘‘who shall’’ and insert the following: ‘‘, with experience 

22 serving in any combination of the following roles: federal 

23 contracting officer, small business technical advisor, con24 tracts administrator for federal government contracts, at25 torney specializing in federal procurement law, small busimstockstill on DSK4VPTVN1PROD with BILLS

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1 ness liaison officer, officer or employee who managed federal 

2 government contracts for a small business, or individual 

3 whose primary responsibilities were for the functions and 

4 duties of section 8, 15 or 44 of this Act. Such officer or 

5 employee’’. 

6 (f) TECHNICAL AMENDMENTS.—Section 15(k) of such 

7 Act (15 U.S.C. 644(k)), as amended, is further amended— 

8 (1) in paragraph (1)— 

9 (A) by striking ‘‘be known’’ and inserting 

10 ‘‘shall be known’’; and 

11 (B) by striking ‘‘such agency,’’ and insert12 ing ‘‘such agency;’’; 

13 (2) in paragraph (2) by striking ‘‘be appointed 

14 by’’ and inserting ‘‘shall be appointed by’’; 

15 (3) in paragraph (3)— 

16 (A) by striking ‘‘director’’ and inserting 

17 ‘‘Director’’; and 

18 (B) by striking ‘‘Secretary’s designee,’’ and 

19 inserting ‘‘Secretary’s designee;’’; 

20 (4) in paragraph (4)— 

21 (A) by striking ‘‘be responsible’’ and insert22 ing ‘‘shall be responsible’’; and 

23 (B) by striking ‘‘such agency,’’ and insert24 ing ‘‘such agency;’’; 

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1 (5) in paragraph (5) by striking ‘‘identify pro2 posed’’ and inserting ‘‘shall identify proposed’’; 

3 (6) in paragraph (6) by striking ‘‘assist small’’ 

4 and inserting ‘‘shall assist small’’; 

5 (7) in paragraph (7)— 

6 (A) by striking ‘‘have supervisory’’ and in7 serting ‘‘shall have supervisory’’; and 

8 (B) by striking ‘‘this Act,’’ and inserting 

9 ‘‘this Act;’’; 

10 (8) in paragraph (8)— 

11 (A) by striking ‘‘assign a’’ and inserting 

12 ‘‘shall assign a’’; and 

13 (B) in subparagraph (A), by striking ‘‘the 

14 activity, and’’ and inserting ‘‘the activity; and’’; 

15 (9) in paragraph (9)— 

16 (A) by striking ‘‘cooperate, and’’ and insert17 ing ‘‘shall cooperate, and’’; and 

18 (B) by striking ‘‘subsection, and’’ and in19 serting ‘‘subsection;’’; and 

20 (10) in paragraph (10)— 

21 (A) by striking ‘‘make recommendations’’ 

22 and inserting ‘‘shall make recommendations’’; 

23 (B) by striking ‘‘subsection (a), or section’’ 

24 and inserting ‘‘subsection (a), section’’; 

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1 (C) by striking ‘‘Act or section 2323’’ and 

2 inserting ‘‘Act, or section 2323’’; 

3 (D) by striking ‘‘Code. Such recommenda4 tions shall’’ and inserting ‘‘Code, which shall’’; 

5 and 

6 (E) by striking ‘‘contract file.’’ and insert7 ing ‘‘contract file;’’. 

8 SEC. 1692. SMALL BUSINESS PROCUREMENT ADVISORY 

9 COUNCIL. 

10 (a) DUTIES.—Section 7104(b) of the Federal Acquisi11 tion Streamlining Act of 1994 (15 U.S.C. 644 note) is 

12 amended— 

13 (1) in paragraph (1) by striking ‘‘and’’ at the 

14 end; 

15 (2) in paragraph (2) by striking ‘‘authorities.’’ 

16 and inserting ‘‘authorities;’’; and 

17 (3) by adding at the end the following: 

18 ‘‘(3) to conduct reviews of each Office of Small 

19 and Disadvantaged Business Utilization established 

20 under section 15(k) of the Small Business Act (15 

21 U.S.C. 644(k)) to determine the compliance of each 

22 Office with requirements under such section; 

23 ‘‘(4) to identify best practices for maximizing 

24 small business utilization in Federal contracting that 

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1 may be implemented by Federal agencies having pro2 curement powers; and 

3 ‘‘(5) to submit, annually, to the Committee on 

4 Small Business of the House of Representatives and 

5 the Committee on Small Business and Entrepreneur6 ship of the Senate a report describing— 

7 ‘‘(A) the comments submitted under para8 graph (2) during the 1-year period ending on the 

9 date on which the report is submitted, including 

10 any outcomes related to the comments; 

11 ‘‘(B) the results of reviews conducted under 

12 paragraph (3) during such 1-year period; and 

13 ‘‘(C) best practices identified under para14 graph (4) during such 1-year period.’’. 

15 (b) MEMBERSHIP.—Section 7104(c)(3) of such Act (15 

16 U.S.C. 644 note) is amended by striking ‘‘(established under 

17 section 15(k) of the Small Business Act (15 U.S.C. 644(k))’’. 

18 (c) CHAIRMAN.—Section 7104(d) of such Act (15 

19 U.S.C. 644 note) is amended by inserting after ‘‘Small 

20 Business Administration’’ the following: ‘‘(or the designee 

21 of the Administrator)’’. 

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1 PART IX—OTHER MATTERS 

2 SEC. 1695. SURETY BONDS. 

3 (a) MAXIMUM BOND AMOUNT.—Section 411(a)(1) of 

4 the Small Business Investment Act of 1958 (15 U.S.C. 

5 694b(a)(1)) is amended— 

6 (1) by inserting ‘‘(A)’’ after ‘‘(1)’’; 

7 (2) by striking ‘‘$2,000,000’’ and inserting 

8 ‘‘$6,500,000, as adjusted for inflation in accordance 

9 with section 1908 of title 41, United States Code,’’; 

10 and 

11 (3) by adding at the end the following: 

12 ‘‘(B) The Administrator may guarantee a surety under 

13 subparagraph (A) for a total work order or contract amount 

14 that does not exceed $10,000,000, if a contracting officer 

15 of a Federal agency certifies that such a guarantee is nec16 essary.’’. 

17 (b) DENIAL OF LIABILITY.—Section 411 of the Small 

18 Business Investment Act of 1958 (15 U.S.C. 694b) is 

19 amended— 

20 (1) by striking subsection (e) and inserting the 

21 following: 

22 ‘‘(e) REIMBURSEMENT OF SURETY; CONDITIONS.— 

23 Pursuant to any such guarantee or agreement, the Adminis24 tration shall reimburse the surety, as provided in subsection 

25 (c) of this section, except that the Administration shall be 

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1 relieved of liability (in whole or in part within the discre2 tion of the Administration) if— 

3 ‘‘(1) the surety obtained such guarantee or agree4 ment, or applied for such reimbursement, by fraud or 

5 material misrepresentation, 

6 ‘‘(2) the total contract amount at the time of exe7 cution of the bond or bonds exceeds $6,500,000, 

8 ‘‘(3) the surety has breached a material term or 

9 condition of such guarantee agreement, or 

10 ‘‘(4) the surety has substantially violated the reg11 ulations promulgated by the Administration pursuant 

12 to subsection (d).’’; and 

13 (2) by adding at the end the following: 

14 ‘‘(j) For bonds made or executed with the prior ap15 proval of the Administration, the Administration shall not 

16 deny liability to a surety based upon material information 

17 that was provided as part of the guaranty application.’’. 

18 (c) SIZE STANDARDS.—Section 410 of the Small Busi19 ness Investment Act of 1958 (15 U.S.C. 694a) is amended 

20 by adding at the end the following: 

21 ‘‘(9) Notwithstanding any other provision of law or 

22 any rule, regulation, or order of the Administration, for 

23 purpose of sections 410, 411, and 412 the term ‘small busi24 ness concern’ means a business concern that meets the size 

25 standard for the primary industry in which such business 

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1 concern, and the affiliates of such business concern, is en2 gaged, as determined by the Administrator in accordance 

3 with the North American Industry Classification System.’’. 

4 DIVISION B—MILITARY CON5 STRUCTION AUTHORIZA6 TIONS 

7 SEC. 2001. SHORT TITLE. 

8 This division may be cited as the ‘‘Military Construc9 tion Authorization Act for Fiscal Year 2013’’. 

10 SEC. 2002. EXPIRATION OF AUTHORIZATIONS AND 

11 AMOUNTS REQUIRED TO BE SPECIFIED BY 

12 LAW. 

13 (a) EXPIRATION OF AUTHORIZATIONS AFTER THREE

14 YEARS.—Except as provided in subsection (b), all author15 izations contained in titles XXI through XXVII and title 

16 XXIX for military construction projects, land acquisition, 

17 family housing projects and facilities, and contributions to 

18 the North Atlantic Treaty Organization Security Invest19 ment Program (and authorizations of appropriations there20 for) shall expire on the later of— 

21 (1) October 1, 2015; or 

22 (2) the date of the enactment of an Act author23 izing funds for military construction for fiscal year 

24 2016. 

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1 (b) EXCEPTION.—Subsection (a) shall not apply to au2 thorizations for military construction projects, land acqui3 sition, family housing projects and facilities, and contribu4 tions to the North Atlantic Treaty Organization Security 

5 Investment Program (and authorizations of appropriations 

6 therefor), for which appropriated funds have been obligated 

7 before the later of— 

8 (1) October 1, 2015; or 

9 (2) the date of the enactment of an Act author10 izing funds for fiscal year 2016 for military construc11 tion projects, land acquisition, family housing 

12 projects and facilities, or contributions to the North 

13 Atlantic Treaty Organization Security Investment 

14 Program. 

15 SEC. 2003. EFFECTIVE DATE. 

16 Titles XXI through XXVII and title XXIX shall take 

17 effect on the later of— 

18 (1) October 1, 2012; or 

19 (2) the date of the enactment of this Act. 

20 TITLE XXI—ARMY MILITARY 

21 CONSTRUCTION 

22 SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND 

23 ACQUISITION PROJECTS. 

24 (a) INSIDE THE UNITED STATES.—Using amounts ap25 propriated pursuant to the authorization of appropriations 

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1 in section 2103 and available for military construction 

2 projects inside the United States as specified in the funding 

3 table in section 4601, the Secretary of the Army may ac4 quire real property and carry out military construction 

5 projects for the installations or locations inside the United 

6 States, and in the amounts, set forth in the following table: 

Army: Inside the United States 

State Installation or Location Amount 

Alaska ......................... Fort Wainwright ............................................. $10,400,000 

Joint Base Elmendorf-Richardson ................ $7,900,000 

California ................... Concord ............................................................ $8,900,000 

Colorado ..................... Fort Carson ..................................................... $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 

7 (b) OUTSIDE THE UNITED STATES.—Using amounts 

8 appropriated pursuant to the authorization of appropria9 tions in section 2103 and available for military construc10 tion projects outside the United States as specified in the 

11 funding table in section 4601, the Secretary of the Army 

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1 may acquire real property and carry out military construc2 tion projects for the installations or locations outside the 

3 United States, and in the amounts, set forth in the following 

4 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 

5 SEC. 2102. FAMILY HOUSING. 

6 Using amounts appropriated pursuant to the author7 ization of appropriations in section 2103 and available for 

8 military family housing functions as specified in the fund9 ing table in section 4601 the Secretary of the Army may 

10 carry out architectural and engineering services and con11 struction design activities with respect to the construction 

12 or improvement of family housing units in an amount not 

13 to exceed $4,641,000. 

14 SEC. 2103. AUTHORIZATION OF APPROPRIATIONS, ARMY. 

15 Funds are hereby authorized to be appropriated for fis16 cal years beginning after September 30, 2012, for military 

17 construction, land acquisition, and military family housing 

18 functions of the Department of the Army as specified in 

19 the funding table in section 4601. 

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1 SEC. 2104. MODIFICATION OF AUTHORITY TO CARRY OUT 

2 CERTAIN FISCAL YEAR 2010 PROJECT. 

3 In the case of the authorization contained in the table 

4 in section 2101(a) of the Military Construction Authoriza5 tion Act for Fiscal Year 2010 (division B of Public Law 

6 111–84; 123 Stat. 2628) for Fort Belvoir, Virginia, for con7 struction of a Road and Access Control Point at the instal8 lation, the Secretary of the Army may construct a standard 

9 design Access Control Point consistent with the Army’s con10 struction guidelines for Access Control Points. 

11 SEC. 2105. EXTENSION OF AUTHORIZATIONS OF CERTAIN 

12 FISCAL YEAR 2009 PROJECTS. 

13 (a) EXTENSION.—Notwithstanding section 2002 of the 

14 Military Construction Authorization Act for Fiscal Year 

15 2009 (division B of Public Law 110–417; 122 Stat. 4658), 

16 authorizations set forth in the table in subsection (b), as 

17 provided in section 2101 of that Act (122 Stat. 4659), shall 

18 remain in effect until October 1, 2013, or the date of the 

19 enactment of an Act authorizing funds for military con20 struction for fiscal year 2014, whichever is later. 

21 (b) TABLE.—The table referred to in subsection (a) is 

22 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 

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1 SEC. 2106. EXTENSION OF AUTHORIZATIONS OF CERTAIN 

2 FISCAL YEAR 2010 PROJECTS. 

3 (a) EXTENSION.—Notwithstanding section 2002 of the 

4 Military Construction Authorization Act for Fiscal Year 

5 2010 (division B of Public Law 111–84; 123 Stat. 2627), 

6 authorizations set forth in the table in subsection (b), as 

7 provided in section 2101 of that Act (123 Stat. 2628), shall 

8 remain in effect until October 1, 2013, or the date of the 

9 enactment 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) is 

12 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 NORMAL15 IZATION. 

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’’ 

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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 ap8 propriated pursuant to the authorization of appropriations 

9 in section 2204(a) and available for military construction 

10 projects inside the United States as specified in the funding 

11 table in section 4601, the Secretary of the Navy may ac12 quire real property and carry out military construction 

13 projects for the installations or locations inside the United 

14 States, and in the amounts, set forth in the following table: 

Navy: Inside the United States 

State Installation or Location Amount 

Arizona ....................... Yuma ................................................................. $29,285,000 

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 

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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 in 

5 the funding table in section 4601, the Secretary of the Navy 

6 may acquire real property and carry out military construc7 tion projects for the installation or location outside the 

8 United States, and in the amounts, set forth in the following 

9 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. 

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1 SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY HOUSING 

2 UNITS. 

3 Subject to section 2825 of title 10, United States Code, 

4 and using amounts appropriated pursuant to the author5 ization of appropriations in section 2204(a) and available 

6 for military family housing functions, the Secretary of the 

7 Navy may improve existing military family housing units 

8 in an amount not to exceed $97,655,000. 

9 SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY. 

10 (a) AUTHORIZATION OF APPROPRIATIONS.—Funds are 

11 hereby authorized to be appropriated for fiscal years begin12 ning after September 30, 2012, for military construction, 

13 land acquisition, and military family housing functions of 

14 the Department of the Navy, as specified in the funding 

15 table in section 4601. 

16 (b) LIMITATION.—The Secretary of the Navy shall not 

17 enter into an award for a military construction project in 

18 Romania until after the date on which the Secretary sub19 mits a NATO prefinancing request for consideration of the 

20 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) Washington, 

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1 for construction of Explosives Handling Wharf No. 2 at that 

2 location, the Secretary of the Navy may acquire fee or lesser 

3 real property interests to accomplish required environ4 mental mitigation for the project using appropriations au5 thorized for the project. 

6 SEC. 2206. EXTENSION OF AUTHORIZATIONS OF CERTAIN 

7 FISCAL YEAR 2009 PROJECTS. 

8 (a) EXTENSION.—Notwithstanding section 2002 of the 

9 Military Construction Authorization Act for Fiscal Year 

10 2009 (division B of Public Law 110–417; 122 Stat. 4658), 

11 the authorization set forth in the table in subsection (b), 

12 as provided in section 2201 of that Act (122 Stat 4670) 

13 and extended by section 2206 of the Military Construction 

14 Authorization Act for Fiscal Year 2012 (division B of Pub15 lic Law 112–81; 125 Stat. 1668), shall remain in effect 

16 until October 1, 2013, or the date of an Act authorizing 

17 funds for military construction for fiscal year 2014, which18 ever is later. 

19 (b) TABLE.—The table referred to in subsection (a) is 

20 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 

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1 SEC. 2207. EXTENSION OF AUTHORIZATIONS OF CERTAIN 

2 FISCAL YEAR 2010 PROJECTS. 

3 (a) EXTENSION.—Notwithstanding section 2002 of the 

4 Military Construction Authorization Act for Fiscal Year 

5 2010 (division B of Public Law 111–84; 123 Stat. 2627), 

6 the authorization set forth in the table in subsection (b), 

7 as provided in section 2201 of that Act (123 Stat. 2632), 

8 shall remain in effect until October 1, 2013, or the date 

9 of an Act authorizing funds for military construction for 

10 fiscal year 2014, whichever is later. 

11 (b) TABLE.—The table referred to in subsection (a) is 

12 as follows: 

Navy: Extension of 2010 Project Authorization 

State/Country Installation or Location Project Amount 

California ................ 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 ap18 propriated pursuant to the authorization of appropriations 

19 in section 2304 and available for military construction 

20 projects inside the United States as specified in the funding 

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1 table in section 4601, the Secretary of the Air Force may 

2 acquire real property and carry out military construction 

3 projects for the installations or locations inside the United 

4 States, and in the amounts, set forth in the following table: 

Air Force: Inside the United States 

State Installation or Location Amount 

Arkansas ............................... Little Rock 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 

5 (b) OUTSIDE THE UNITED STATES.—Using amounts 

6 appropriated pursuant to the authorization of appropria7 tions in section 2304 and available for military construc8 tion projects outside the United States as specified in the 

9 funding table in section 4601, the Secretary of the Air Force 

10 may acquire real property and carry out military construc11 tion projects for the installations or locations outside the 

12 United States, and in the amounts, set forth in the following 

13 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 

14 SEC. 2302. FAMILY HOUSING. 

15 Using amounts appropriated pursuant to the author16 ization of appropriations in section 2304 and available for 

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1 military family housing functions as specified in the fund2 ing table in section 4601, the Secretary of the Air Force 

3 may carry out architectural and engineering services and 

4 construction design activities with respect to the construc5 tion or improvement of family housing units in an amount 

6 not to exceed $4,253,000. 

7 SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY HOUSING 

8 UNITS. 

9 Subject to section 2825 of title 10, United States Code, 

10 and using amounts appropriated pursuant to the author11 ization of appropriations in section 2304 and available for 

12 military family housing functions as specified in the fund13 ing table in section 4601, the Secretary of the Air Force 

14 may improve existing military family housing units in an 

15 amount not to exceed $79,571,000. 

16 SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR 

17 FORCE. 

18 Funds are hereby authorized to be appropriated for fis19 cal years beginning after September 30, 2012, for military 

20 construction, land acquisition, and military family housing 

21 functions of the Department of the Air Force, as specified 

22 in the funding table in section 4601. 

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1 SEC. 2305. EXTENSION OF AUTHORIZATIONS OF CERTAIN 

2 FISCAL YEAR 2010 PROJECTS. 

3 (a) EXTENSION.—Notwithstanding section 2002 of the 

4 Military Construction Authorization Act for Fiscal Year 

5 2010 (division B of Public Law 111–84; 123 Stat. 2627), 

6 authorizations set forth in the table in subsection (b), as 

7 provided in section 2301 of that Act (123 Stat. 2636), shall 

8 remain in effect until October 1, 2013, or the date of an 

9 Act authorizing funds for military construction for fiscal 

10 year 2014, whichever is later. 

11 (b) TABLE.—The table referred to in subsection (a) is 

12 as follows: 

Air Force: Extension of 2010 Project Authorization 

Location 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 ap21 propriated pursuant to the authorization of appropriations 

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1 in section 2403(a) and available for military construction 

2 projects inside the United States as specified in the funding 

3 table in section 4601, the Secretary of Defense may acquire 

4 real property and carry out military construction projects 

5 for the installations or locations inside the United States, 

6 and in the amounts, set forth in the following table: 

Defense Agencies: Inside the United States 

State Installation or Location Amount 

Arizona .................................. Yuma .................................................. $1,300,000 

California .............................. Coronado ............................................ $55,259,000 

DEF Fuel Support Point-San 

Diego .............................................. $91,563,000 

Edwards Air Force Base .................. $27,500,000 

Twentynine Palms ............................ $27,400,000 

Colorado ................................ Buckley Air Force Base .................... $30,000,000 

Fort Carson ....................................... $56,673,000 

Pikes Peak ......................................... $3,600,000 

CONUS Classified ................. Classified Location ........................... $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 - Story ................................. $11,132,000 

Norfolk ............................................... $8,500,000 

Washington ........................... Fort Lewis ......................................... $50,520,000 

7 (b) OUTSIDE THE UNITED STATES.—Using amounts 

8 appropriated pursuant to the authorization of appropria9 tions in section 2403(a) and available for military conmstockstill on DSK4VPTVN1PROD with BILLS

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1 struction projects outside the United States as specified in 

2 the funding table in section 4601, the Secretary of Defense 

3 may acquire real property and carry out military construc4 tion projects for the installations or locations outside the 

5 United States, and in the amounts, set forth in the following 

6 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 

7 SEC. 2402. AUTHORIZED ENERGY CONSERVATION 

8 PROJECTS. 

9 (a) INSIDE THE UNITED STATES.—Using amounts ap10 propriated pursuant to the authorization of appropriations 

11 in section 2403(a) and available for energy conservation 

12 projects inside the United States as specified in the funding 

13 table in section 4601, the Secretary of Defense may carry 

14 out energy conservation projects under chapter 173 of title 

15 10, United States Code, for the installations or locations 

16 inside the United States, and in the amounts, set forth in 

17 the following table: 

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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 

1 (b) OUTSIDE THE UNITED STATES.—Using amounts 

2 appropriated pursuant to the authorization of appropria3 tions in section 2403 and available for energy conservation 

4 projects outside the United States as specified in the fund5 ing table in section 4601, the Secretary of Defense may 

6 carry out energy conservation projects under chapter 173 

7 of title 10, United States Code, for the installations or loca8 tions outside the United States, and in the amounts, set 

9 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 

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1 SEC. 2403. AUTHORIZATION OF APPROPRIATIONS, DEFENSE 

2 AGENCIES. 

3 (a) AUTHORIZATION OF APPROPRIATIONS.—Funds are 

4 hereby authorized to be appropriated for fiscal years begin5 ning after September 30, 2012, for military construction, 

6 land acquisition, and military family housing functions of 

7 the Department of Defense (other than the military depart8 ments), as specified in the funding table in section 4601. 

9 (b) LIMITATION.—The Secretary of Defense shall not 

10 enter into an award for a military construction project in 

11 Romania until after the date on which the Secretary sub12 mits a NATO prefinancing request for consideration of the 

13 military construction project. 

14 SEC. 2404. MODIFICATION OF AUTHORITY TO CARRY OUT 

15 CERTAIN FISCAL YEAR 2012 PROJECTS. 

16 (a) MARYLAND.—The table in section 2401(a) of the 

17 Military Construction Authorization Act for Fiscal Year 

18 2012 (division B of Public Law 112–81; 125 Stat. 1672), 

19 is amended in the item relating to Fort Meade, Maryland, 

20 by striking ‘‘$29,640,000’’ in the amount column and in21 serting ‘‘$792,200,000’’. 

22 (b) GERMANY.—The table in section 2401(b) of the 

23 Military Construction Authorization Act for Fiscal Year 

24 2012 (division B of Public Law 112–81; 125 Stat. 1673), 

25 is amended in the item relating to Rhine Ordnance Barmstockstill on DSK4VPTVN1PROD with BILLS

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1 racks, Germany, by striking ‘‘$750,000,000’’ in the amount 

2 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 the 

6 Military Construction Authorization Act for Fiscal Year 

7 2010 (division B of Public Law 111–84; 123 Stat. 2627), 

8 the authorization set forth in the table in subsection (b), 

9 as provided in section 2401(a) of that Act (123 Stat. 2640), 

10 shall remain in effect until October 1, 2013, or the date 

11 of the enactment of an Act authorizing funds for military 

12 construction for fiscal year 2014, whichever is later: 

13 (b) TABLE.—The table referred to in subsection (a) is 

14 as follows: 

Extension of 2010 Project Authorization 

State/Country Installation or Location Project Amount 

Virginia ...................... Pentagon Reservation Pentagon electrical 

upgrade ................... $19,272,000 

15 Subtitle B—Chemical 

16 Demilitarization Authorizations 

17 SEC. 2411. AUTHORIZATION OF APPROPRIATIONS, CHEM18 ICAL DEMILITARIZATION CONSTRUCTION, 

19 DEFENSE-WIDE. 

20 Funds are hereby authorized to be appropriated for fis21 cal years beginning after September 30, 2012, for military 

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1 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) of 

6 the Military Construction Authorization Act for Fiscal Year 

7 1997 (division B of Public Law 104–201; 110 Stat. 2775), 

8 as amended by section 2406 of the Military Construction 

9 Authorization Act for Fiscal Year 2000 (division B of Pub10 lic Law 106–65; 113 Stat. 839), section 2407 of the Military 

11 Construction Authorization Act for Fiscal Year 2003 (divi12 sion B of Public Law 107–314; 116 Stat. 2699), and section 

13 2413 of the Military Construction Authorization Act for 

14 Fiscal Year 2009 (division B of Public Law 110–417; 122 

15 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 total 

22 in the amount column and inserting ‘‘$866,454,000’’. 

23 (b) CONFORMING AMENDMENT.—Section 2406(b)(2) of 

24 the Military Construction Authorization Act for Fiscal Year 

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1 1997 (110 Stat. 2779), as so amended, is further amended 

2 by striking ‘‘$484,000,000’’ and inserting ‘‘$520,000,000’’. 

3 TITLE XXV—NORTH ATLANTIC 

4 TREATY ORGANIZATION SE5 CURITY INVESTMENT PRO6 GRAM 

7 SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND 

8 ACQUISITION PROJECTS. 

9 The Secretary of Defense may make contributions for 

10 the North Atlantic Treaty Organization Security Invest11 ment Program as provided in section 2806 of title 10, 

12 United States Code, in an amount not to exceed the sum 

13 of the amount authorized to be appropriated for this pur14 pose in section 2502 and the amount collected from the 

15 North Atlantic Treaty Organization as a result of construc16 tion previously financed by the United States. 

17 SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO. 

18 Funds are hereby authorized to be appropriated for fis19 cal years beginning after September 30, 2012, for contribu20 tions by the Secretary of Defense under section 2806 of title 

21 10, United States Code, for the share of the United States 

22 of the cost of projects for the North Atlantic Treaty Organi23 zation Security Investment Program authorized by section 

24 2501 as specified in the funding table in section 4601. 

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1 TITLE XXVI—GUARD AND 

2 RESERVE FORCES FACILITIES 

3 Subtitle A—Project Authorizations 

4 and Authorization of Appropria5 tions 

6 SEC. 2601. AUTHORIZED ARMY NATIONAL GUARD CON7 STRUCTION AND LAND ACQUISITION 

8 PROJECTS. 

9 (a) INSIDE THE UNITED STATES.—Using amounts ap10 propriated pursuant to the authorization of appropriations 

11 in section 2606 and available for the National Guard and 

12 Reserve as specified in the funding table in section 4601, 

13 the Secretary of the Army may acquire real property and 

14 carry out military construction projects for the Army Na15 tional Guard locations inside the United States, and in the 

16 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 

Minnesota ................. Camp Ripley ...................................................... $17,000,000 

St. Paul .............................................................. $17,000,000 

Missouri ..................... Fort Leonard Wood ........................................... $18,000,000 

Kansas City ....................................................... $1,900,000 

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Army National Guard: Inside the United States—Continued 

State Location Amount 

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 property 

6 and carry out military construction projects for the Army 

7 National Guard locations outside the United States, and 

8 in the amounts, set forth in the following table: 

Army National Guard: Outside the United States 

Country 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 funding 

14 table in section 4601, the Secretary of the Army may acmstockstill on DSK4VPTVN1PROD with BILLS

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1 quire real property and carry out military construction 

2 projects for the Army Reserve locations inside the United 

3 States, and in the amounts, set forth in the following table: 

Army Reserve 

Country 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 

4 SEC. 2603. AUTHORIZED NAVY RESERVE AND MARINE 

5 CORPS RESERVE CONSTRUCTION AND LAND 

6 ACQUISITION PROJECTS. 

7 Using amounts appropriated pursuant to the author8 ization of appropriations in section 2606 and available for 

9 the National Guard and Reserve as specified in the funding 

10 table in section 4601, the Secretary of the Navy may ac11 quire real property and carry out military construction 

12 projects for the Navy Reserve and Marine Corps Reserve 

13 locations inside the United States, and in the amounts, set 

14 forth in the following table: 

Navy Reserve and Marine Corps Reserve 

State Location Amount 

Arizona ................................ Yuma ......................................................... $5,379,000 

Iowa ..................................... Fort Des Moines ....................................... $19,162,000 

Louisiana ............................ New Orleans ............................................. $7,187,000 

New York ............................ Brooklyn ................................................... $4,430,000 

Texas .................................. Fort Worth ................................................ $11,256,000 

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1 SEC. 2604. AUTHORIZED AIR NATIONAL GUARD CONSTRUC2 TION AND LAND ACQUISITION PROJECTS. 

3 Using amounts appropriated pursuant to the author4 ization of appropriations in section 2606 and available for 

5 the National Guard and Reserve as specified in the funding 

6 table in section 4601, the Secretary of the Air Force may 

7 acquire real property and carry out military construction 

8 projects for the Air National Guard locations inside the 

9 United States, and in the amounts, set forth in the following 

10 table: 

Air National Guard 

State Location Amount 

California .......................... Fresno Yosemite 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 funding 

16 table in section 4601, the Secretary of the Air Force may 

17 acquire real property and carry out military construction 

18 projects for the Air Force Reserve locations inside the 

19 United States, and in the amounts, set forth in the following 

20 table: 

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Air Force Reserve 

State Location Amount 

California ............................ March Air Reserve Base .......................... $16,900,000 

New York ............................ Niagara Falls International Airport ..... $6,100,000 

1 SEC. 2606. AUTHORIZATION OF APPROPRIATIONS, NA2 TIONAL GUARD AND RESERVE. 

3 Funds are hereby authorized to be appropriated for fis4 cal years beginning after September 30, 2012, for the costs 

5 of acquisition, architectural and engineering services, and 

6 construction of facilities for the Guard and Reserve Forces, 

7 and for contributions therefor, under chapter 1803 of title 

8 10, United States Code (including the cost of acquisition 

9 of land for those facilities), as specified in the funding table 

10 in section 4601. 

11 Subtitle B—Other Matters 

12 SEC. 2611. MODIFICATION OF AUTHORITY TO CARRY OUT 

13 CERTAIN FISCAL YEAR 2010 PROJECTS. 

14 (a) AUTHORITY TO CARRY OUT ARMY NATIONAL

15 GUARD READINESS CENTER PROJECT, NORTH LAS VEGAS, 

16 NEVADA.—In the case of the authorization contained in the 

17 table in section 2601 of the Military Construction Author18 ization Act for Fiscal Year 2010 (division B of Public Law 

19 111–84; 123 Stat. 2648) for North Las Vegas, Nevada, for 

20 construction of a Readiness Center, the Secretary of the 

21 Army may construct up to 68,593 square feet of readiness 

22 center, 10,000 square feet of unheated equipment storage 

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1 area, and 25,000 square feet of unheated vehicle storage, 

2 consistent with the Army’s construction guidelines for read3 iness centers. 

4 (b) AUTHORITY TO CARRY OUT ARMY RESERVE CEN5 TER PROJECT, MIRAMAR, CALIFORNIA.—In the case of the 

6 authorization contained in the table in section 2602 of the 

7 Military Construction Authorization Act for Fiscal Year 

8 2010 (division B of Public Law 111–84; 123 Stat. 2649) 

9 for Camp Pendleton, California, for construction of an 

10 Army Reserve Center, the Secretary of the Army may in11 stead construct an Army Reserve Center in the vicinity of 

12 the Marine Corps Air Station, Miramar, California. 

13 (c) AUTHORITY TO CARRY OUT ARMY RESERVE CEN14 TER PROJECT, BRIDGEPORT, CONNECTICUT.—In the case 

15 of the authorization contained in the table in section 2602 

16 of the Military Construction Authorization Act for Fiscal 

17 Year 2010 (division B of Public Law 111–84; 123 Stat. 

18 2649) for Bridgeport, Connecticut, for construction of an 

19 Army Reserve Center/Land, the Secretary of the Army may 

20 instead construct an Army Reserve Center and acquire land 

21 in the vicinity of Bridgeport, Connecticut. 

22 SEC. 2612. MODIFICATION OF AUTHORITY TO CARRY OUT 

23 CERTAIN FISCAL YEAR 2011 PROJECTS. 

24 (a) AUTHORITY TO CARRY OUT ARMY RESERVE CEN25 TER PROJECT, FORT STORY, VIRGINIA.—In the case of the 

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1 authorization contained in the table in section 2602 of the 

2 Military Construction Authorization Act for Fiscal Year 

3 2011 (division B of Public Law 111–383; 124 Stat. 4453) 

4 for Fort Story, Virginia, for construction of an Army Re5 serve Center, the Secretary of the Army may instead con6 struct an Army Reserve Center in the vicinity of Fort 

7 Story, Virginia. 

8 (b) AUTHORITY TO CARRY OUT ARMY NATIONAL

9 GUARD PROJECT, FORT CHAFFEE, ARKANSAS.—In the case 

10 of the authorization contained in the table in section 2601 

11 of the Military Construction Authorization Act for Fiscal 

12 Year 2011 (division B of Public Law 111–383; 124 Stat. 

13 4451) for Fort Chaffee, Arkansas, for construction of a Live 

14 Fire Shoot House, the Secretary of the Army may construct 

15 up to 5,869 square feet of Live Fire Shoot House. 

16 (c) AUTHORITY TO CARRY OUT ARMY NATIONAL

17 GUARD PROJECT, WINDSOR LOCKS, CONNECTICUT.—In the 

18 case of the authorization contained in the table in section 

19 2601 of the Military Construction Authorization Act for 

20 Fiscal Year 2011 (division B of Public Law 111–383; 124 

21 Stat. 4451) for Windsor Locks, Connecticut, for construc22 tion of a Readiness Center, the Secretary of the Army may 

23 construct up to 119,510 square feet of a Readiness Center. 

24 (d) AUTHORITY TO CARRY OUT ARMY NATIONAL

25 GUARD PROJECT, KALAELOA, HAWAII.—In the case of the 

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1 authorization contained in the table in section 2601 of the 

2 Military Construction Authorization Act for Fiscal Year 

3 2011 (division B of Public Law 111–383; 124 Stat. 4451) 

4 for Kalealoa, Hawaii, for construction of a Combined Sup5 port Maintenance Shop, the Secretary of the Army may 

6 construct up to 137,548 square feet of a Combined Support 

7 Maintenance Shop. 

8 (e) AUTHORITY TO CARRY OUT ARMY NATIONAL

9 GUARD PROJECT, WICHITA, KANSAS.—In the case of the 

10 authorization contained in the table in section 2601 of the 

11 Military Construction Authorization Act for Fiscal Year 

12 2011 (division B of Public Law 111–383; 124 Stat. 4451) 

13 for Wichita, Kansas, for construction of a Field Mainte14 nance Shop, the Secretary of the Army may construct up 

15 to 62,102 square feet of Field Maintenance Shop. 

16 (f) AUTHORITY TO CARRY OUT ARMY NATIONAL

17 GUARD PROJECT, MINDEN, LOUISIANA.—In the case of the 

18 authorization contained in the table in section 2601 of the 

19 Military Construction Authorization Act for Fiscal Year 

20 2011 (division B of Public Law 111–383; 124 Stat. 4451) 

21 for Minden, Louisiana, for construction of a Readiness Cen22 ter, the Secretary of the Army may construct up to 90,944 

23 square feet of a Readiness Center. 

24 (g) AUTHORITY TO CARRY OUT ARMY NATIONAL

25 GUARD PROJECT, SAINT INIGOES, MARYLAND.—In the case 

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1 of the authorization contained in the table in section 2601 

2 of the Military Construction Authorization Act for Fiscal 

3 Year 2011 (division B of Public Law 111–383; 124 Stat. 

4 4451) for Saint Inigoes, Maryland, for construction of a 

5 Tactical Unmanned Aircraft System Facility, the Secretary 

6 of the Army may construct up to 10,298 square feet of a 

7 Tactical Unmanned Aircraft System Facility. 

8 (h) AUTHORITY TO CARRY OUT ARMY NATIONAL

9 GUARD PROJECT, CAMP GRAFTON, NORTH DAKOTA.—In 

10 the case of the authorization contained in the table in sec11 tion 2601 of the Military Construction Authorization Act 

12 for Fiscal Year 2011 (division B of Public Law 111–383; 

13 124 Stat. 4451) for Camp Grafton, North Dakota, for con14 struction of a Readiness Center, the Secretary of the Army 

15 may construct up to 68,671 square feet of a Readiness Cen16 ter. 

17 (i) AUTHORITY TO CARRY OUT ARMY NATIONAL

18 GUARD PROJECT, WATERTOWN, SOUTH DAKOTA.—In the 

19 case of the authorization contained in the table in section 

20 2601 of the Military Construction Authorization Act for 

21 Fiscal Year 2011 (division B of Public Law 111–383; 124 

22 Stat. 4451) for Watertown, South Dakota, for construction 

23 of a Readiness Center, the Secretary of the Army may con24 struct up to 97,865 square feet of a Readiness Center. 

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1 SEC. 2613. EXTENSION OF AUTHORIZATION OF CERTAIN 

2 FISCAL YEAR 2009 PROJECT. 

3 (a) EXTENSION.—Notwithstanding section 2002 of the 

4 Military Construction Authorization Act for Fiscal Year 

5 2009 (division B of Public Law 110–417; 122 Stat. 4658), 

6 the authorization set forth in the table in subsection (b), 

7 as provided in section 2604 of that Act (122 Stat. 4706), 

8 shall remain in effect until October 1, 2013, or the date 

9 of the enactment of an Act authorizing funds for military 

10 construction for fiscal year 2014, whichever is later. 

11 (b) TABLE.—The table referred to in subsection (a) is 

12 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 

13 SEC. 2614. EXTENSION OF AUTHORIZATION OF CERTAIN 

14 FISCAL YEAR 2010 PROJECTS. 

15 (a) EXTENSION.—Notwithstanding section 2002 of the 

16 Military Construction Authorization Act for Fiscal Year 

17 2010 (division B of Public Law 111–84; 123 Stat. 2627), 

18 the authorizations set forth in the tables in subsection (b), 

19 as provided in sections 2602 and 2604 of that Act (123 

20 Stat. 2649, 2651), shall remain in effect until October 1, 

21 2013, or the date of the enactment of an Act authorizing 

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1 funds for military construction for fiscal year 2014, which2 ever is later. 

3 (b) TABLE.—The tables referred to in subsection (a) 

4 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 

5 TITLE XXVII—BASE REALIGN6 MENT AND CLOSURE ACTIVI7 TIES 

8 Subtitle A—Authorization of 

9 Appropriations 

10 SEC. 2701. AUTHORIZATION OF APPROPRIATIONS FOR BASE 

11 REALIGNMENT AND CLOSURE ACTIVITIES 

12 FUNDED THROUGH DEPARTMENT OF DE13 FENSE BASE CLOSURE ACCOUNT 1990. 

14 Funds are hereby authorized to be appropriated for fis15 cal years beginning after September 30, 2012, for base re16 alignment and closure activities, including real property 

17 acquisition and military construction projects, as author18 ized by the Defense Base Closure and Realignment Act of 

19 1990 (part A of title XXIX of Public Law 101–510; 10 

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1 U.S.C. 2687 note) and funded through the Department of 

2 Defense Base Closure Account 1990 established by section 

3 2906 of such Act as specified in the funding table in section 

4 4601. 

5 SEC. 2702. AUTHORIZATION OF APPROPRIATIONS FOR BASE 

6 REALIGNMENT AND CLOSURE ACTIVITIES 

7 FUNDED THROUGH DEPARTMENT OF DE8 FENSE BASE CLOSURE ACCOUNT 2005. 

9 Funds are hereby authorized to be appropriated for fis10 cal years beginning after September 30, 2012, for base re11 alignment and closure activities, including real property 

12 acquisition and military construction projects, as author13 ized by the Defense Base Closure and Realignment Act of 

14 1990 (part A of title XXIX of Public Law 101–510; 10 

15 U.S.C. 2687 note) and funded through the Department of 

16 Defense Base Closure Account 2005 established by section 

17 2906A of such Act as specified in the funding table in sec18 tion 4601. 

19 Subtitle B—Other Matters 

20 SEC. 2711. CONSOLIDATION OF DEPARTMENT OF DEFENSE 

21 BASE CLOSURE ACCOUNTS AND AUTHORIZED 

22 USES OF BASE CLOSURE ACCOUNT FUNDS. 

23 (a) ESTABLISHMENT OF SINGLE DEPARTMENT OF DE24 FENSE BASE CLOSURE ACCOUNT; USE OF FUNDS.—The 

25 Defense Base Closure and Realignment Act of 1990 (part 

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1 A of title XXIX of Public Law 101–510; 10 U.S.C. 2687 

2 note) is amended by striking sections 2906 and 2906A and 

3 inserting the following new section 2906: 

4 ‘‘SEC. 2906. DEPARTMENT OF DEFENSE BASE CLOSURE AC5 COUNT. 

6 ‘‘(a) ESTABLISHMENT.—There is hereby established on 

7 the books of the Treasury an account to be known as the 

8 ‘Department of Defense Base Closure Account’ which shall 

9 be administered by the Secretary as a single account. 

10 ‘‘(b) CREDITS TO ACCOUNT.—There shall be credited 

11 to the Account the following: 

12 ‘‘(1) Funds authorized for and appropriated to 

13 the Account. 

14 ‘‘(2) Funds transferred to the Account pursuant 

15 to section ll(b) of the National Defense Authoriza16 tion Act for Fiscal Year 2013. 

17 ‘‘(3) Funds that the Secretary may, subject to 

18 approval in an appropriation Act, transfer to the Ac19 count from funds appropriated to the Department of 

20 Defense for any purpose, except that funds may be 

21 transferred under the authority of this paragraph 

22 only after the date on which the Secretary transmits 

23 written notice of, and justification for, such transfer 

24 to the congressional defense committees. 

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1 ‘‘(4) Proceeds received from the lease, transfer, or 

2 disposal of any property at a military installation 

3 closed or realigned under this part or the 1988 BRAC 

4 law. 

5 ‘‘(c) USE OF ACCOUNT.— 

6 ‘‘(1) AUTHORIZED PURPOSES.—The Secretary 

7 may use the funds in the Account only for the fol8 lowing purposes: 

9 ‘‘(A) To carry out the Defense Environ10 mental Restoration Program under section 2701 

11 of title 10, United States Code, and other envi12 ronmental restoration and mitigation activities 

13 at military installations closed or realigned 

14 under this part or the 1988 BRAC law. 

15 ‘‘(B) To cover property management, dis16 posal, and caretaker costs incurred at military 

17 installations closed or realigned under this part 

18 or the 1988 BRAC law. 

19 ‘‘(C) To cover costs associated with super20 vision, inspection, overhead, engineering, and de21 sign of military construction projects undertaken 

22 under this part or the 1988 BRAC law before 

23 September 30, 2013, and subsequent claims, if 

24 any, related to such activities. 

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1 ‘‘(D) To record, adjust, and liquidate obli2 gations properly chargeable to the following ac3 counts: 

4 ‘‘(i) The Department of Defense Base 

5 Closure Account 2005 established by section 

6 2906A of this part, as in effect on Sep7 tember 30, 2013. 

8 ‘‘(ii) The Department of Defense Base 

9 Closure Account 1990 established by this 

10 section, as in effect on September 30, 2013. 

11 ‘‘(iii) The Department of Defense Base 

12 Closure Account established by section 207 

13 of the 1988 BRAC law, as in effect on Sep14 tember 30, 2013. 

15 ‘‘(2) SOLE SOURCE OF FUNDS.—The Account 

16 shall be the sole source of Federal funds for the activi17 ties specified in paragraph (1) at a military installa18 tion closed or realigned under this part or the 1988 

19 BRAC law. 

20 ‘‘(3) PROHIBITION ON USE OF ACCOUNT FOR NEW

21 MILITARY CONSTRUCTION.—Except as provided in 

22 paragraph (1), funds in the Account may not be used, 

23 directly or by transfer to another appropriations ac24 count, to carry out a military construction project, 

25 including a minor military construction project, 

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1 under section 2905(a) or any other provision of law 

2 at a military installation closed or realigned under 

3 this part or the 1988 BRAC law. 

4 ‘‘(d) DISPOSAL OR TRANSFER OF COMMISSARY

5 STORES AND PROPERTY PURCHASED WITH NON6 APPROPRIATED FUNDS.— 

7 ‘‘(1) DEPOSIT OF PROCEEDS IN RESERVE AC8 COUNT.—If any real property or facility acquired, 

9 constructed, or improved (in whole or in part) with 

10 commissary store funds or nonappropriated funds is 

11 transferred or disposed of in connection with the clo12 sure or realignment of a military installation under 

13 this part, a portion of the proceeds of the transfer or 

14 other disposal of property on that installation shall be 

15 deposited in the reserve account established under sec16 tion 204(b)(7)(C) of the 1988 BRAC law. 

17 ‘‘(2) The amount so deposited under paragraph 

18 (1) shall be equal to the depreciated value of the in19 vestment made with such funds in the acquisition, 

20 construction, or improvement of that particular real 

21 property or facility. The depreciated value of the in22 vestment shall be computed in accordance with regu23 lations prescribed by the Secretary of Defense. 

24 ‘‘(3) USE OF RESERVE FUNDS.—Subject to the 

25 limitation contained in section 204(b)(7)(C)(iii) of 

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1 the 1988 BRAC law, amounts in the reserve account 

2 are hereby made available to the Secretary, without 

3 appropriation and until expended, for the purpose of 

4 acquiring, constructing, and improving— 

5 ‘‘(A) commissary stores; and 

6 ‘‘(B) real property and facilities for non7 appropriated fund instrumentalities. 

8 ‘‘(e) ANNUAL REPORTS.— 

9 ‘‘(1) ANNUAL ACCOUNTING.—No later than 60 

10 days after the end of each fiscal year in which the 

11 Secretary carries out activities under this part, the 

12 Secretary shall transmit a report to the congressional 

13 defense committees containing an accounting of— 

14 ‘‘(A) the amount and nature of credits to, 

15 and expenditures from, the Account during such 

16 fiscal year; and 

17 ‘‘(B) the amount and nature of anticipated 

18 deposits to be made into, and the anticipated ex19 penditures to be made from, the Account during 

20 the first fiscal year commencing after the sub21 mission of the report. 

22 ‘‘(2) SPECIFIC ELEMENTS OF REPORT.—The re23 port for a fiscal year shall include the following: 

24 ‘‘(A) The obligations and expenditures from 

25 the Account during the fiscal year, identified by 

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1 subaccount and installation, for each military 

2 department and Defense Agency. 

3 ‘‘(B) The fiscal year in which appropria4 tions or transfers for such expenditures were 

5 made and the fiscal year in which funds were ob6 ligated for such expenditures. 

7 ‘‘(C) An estimate of the net revenues to be 

8 received from property disposals under this part 

9 or the 1988 BRAC law to be completed during 

10 the first fiscal year commencing after the sub11 mission of the report. 

12 ‘‘(f) CLOSURE OF ACCOUNT; TREATMENT OF REMAIN13 ING FUNDS.— 

14 ‘‘(1) CLOSURE.—The Account shall be closed at 

15 the time and in the manner provided for appropria16 tion accounts under section 1555 of title 31, United 

17 States Code, except that unobligated funds which re18 main in the Account upon closure shall be held by the 

19 Secretary of the Treasury until transferred by law 

20 after the congressional defense committees receive the 

21 final report transmitted under paragraph (2). 

22 ‘‘(2) FINAL REPORT.—No later than 60 days 

23 after the closure of the Account under paragraph (1), 

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1 fense committees a report containing an accounting 

2 of— 

3 ‘‘(A) all the funds credited to and expended 

4 from the Account or otherwise expended under 

5 this part or the 1988 BRAC law; and 

6 ‘‘(B) any funds remaining in the Account. 

7 ‘‘(g) DEFINITIONS.—In this section: 

8 ‘‘(1) The term ‘commissary store funds’ means 

9 funds received from the adjustment of, or surcharge 

10 on, selling prices at commissary stores fixed under 

11 section 2685 of title 10, United States Code. 

12 ‘‘(2) The term ‘nonappropriated funds’ means 

13 funds received from a nonappropriated fund instru14 mentality. 

15 ‘‘(3) The term ‘nonappropriated fund instrumen16 tality’ means an instrumentality of the United States 

17 under the jurisdiction of the Armed Forces (including 

18 the Army and Air Force Exchange Service, the Navy 

19 Resale and Services Support Office, and the Marine 

20 Corps exchanges) which is conducted for the comfort, 

21 pleasure, contentment, or physical or mental improve22 ment of members of the Armed Forces. 

23 ‘‘(4) The term ‘1988 BRAC law’ means title II 

24 of the Defense Authorization Amendments and Base 

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1 Closure and Realignment Act (Public Law 100–526; 

2 10 U.S.C. 2687 note).’’. 

3 (b) CLOSURE OF EXISTING CURRENT ACCOUNTS; 

4 TRANSFER OF FUNDS.— 

5 (1) CLOSURE.—Subject to paragraph (2), the 

6 Secretary of the Treasury shall close, pursuant to sec7 tion 1555 of title 31, United States Code, the fol8 lowing accounts on the books of the Treasury: 

9 (A) The Department of Defense Base Clo10 sure Account 2005 established by section 2906A 

11 of the Defense Base Closure and Realignment Act 

12 of 1990 (part A of title XXIX of Public Law 

13 101–510; 10 U.S.C. 2687 note), as in effect on 

14 the effective date of this section. 

15 (B) The Department of Defense Base Clo16 sure Account 1990 established by section 2906 of 

17 the Defense Base Closure and Realignment Act of 

18 1990 (part A of title XXIX of Public Law 101– 

19 510; 10 U.S.C. 2687 note), as in effect on the ef20 fective date of this section. 

21 (C) The Department of Defense Base Clo22 sure Account established by section 207 of the 

23 Defense Authorization Amendments and Base 

24 Closure and Realignment Act (Public Law 100– 

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1 526; 10 U.S.C. 2687 note), as in effect on the ef2 fective date of this section. 

3 (2) TRANSFER OF FUNDS.—All amounts remain4 ing in the three accounts specified in paragraph (1) 

5 as of the effective date of this section, shall be trans6 ferred, effective on that date, to the Department of De7 fense Base Closure Account established by section 

8 2906 of the Defense Base Closure and Realignment 

9 Act of 1990, as added by subsection (a). 

10 (3) CROSS REFERENCES.—Except as provided in 

11 this subsection or the context requires otherwise, any 

12 reference in a law, regulation, document, paper, or 

13 other record of the United States to an account speci14 fied in paragraph (1) shall be deemed to be a ref15 erence to the Department of Defense Base Closure Ac16 count established by section 2906 of the Defense Base 

17 Closure and Realignment Act of 1990, as added by 

18 subsection (a). 

19 (c) CONFORMING AMENDMENTS.— 

20 (1) REPEAL OF FORMER ACCOUNT.—Section 207 

21 of the Defense Authorization Amendments and Base 

22 Closure and Realignment Act (Public Law 100–526; 

23 10 U.S.C. 2687 note) is repealed. 

24 (2) DEFINITION.— 

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1 (A) 1990 LAW.—Section 2910(1) of the De2 fense Base Closure and Realignment Act of 1990 

3 (part A of title XXIX of Public Law 101–510; 10 

4 U.S.C. 2687 note) is amended by striking ‘‘1990 

5 established by section 2906(a)(1)’’ and inserting 

6 ‘‘established by section 2906(a)’’. 

7 (B) 1988 LAW.—The Defense Authorization 

8 Amendments and Base Closure and Realignment 

9 Act (Public Law 100–526; 10 U.S.C. 2687 note) 

10 is amended— 

11 (i) in section 204(b)(7)(A), by striking 

12 ‘‘established by section 207(a)(1)’’; and 

13 (ii) in section 209(1), by striking ‘‘es14 tablished by section 207(a)(1)’’ and insert15 ing ‘‘established by section 2906(a) of the 

16 Defense Base Closure and Realignment Act 

17 of 1990 (part A of title XXIX of Public Law 

18 101–510; 10 U.S.C. 2687 note)’’. 

19 (3) ENVIRONMENTAL RESTORATION.—Chapter 

20 160 of title 10, United States Code, is amended— 

21 (A) in section 2701(d)(2), by striking ‘‘De22 partment of Defense Base Closure Account 1990 

23 or the Department of Defense Base Closure Ac24 count 2005 established under sections 2906 and 

25 2906A’’ and inserting ‘‘Department of Defense 

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1 Base Closure Account established by section 

2 2906’’; 

3 (B) in section 2703(h)— 

4 (i) by striking ‘‘the applicable Depart5 ment of Defense base closure account’’ and 

6 inserting ‘‘the Department of Defense Base 

7 Closure Account established under section 

8 2906 of the Defense Base Closure and Re9 alignment Act of 1990 (part A of title XXIX 

10 of Public Law 101–510; 10 U.S.C. 2687 

11 note)’’; and 

12 (ii) by striking ‘‘the applicable base 

13 closure account’’ and inserting ‘‘such base 

14 closure account’’; and 

15 (C) in section 2905(g)(2), by striking ‘‘Clo16 sure Account 1990’’ and inserting ‘‘Closure Ac17 count’’. 

18 (4) DEPARTMENT OF DEFENSE HOUSING

19 FUNDS.—Section 2883 of such title is amended— 

20 (A) in subsection (c)— 

21 (i) by striking subparagraph (G) of 

22 paragraph (1); and 

23 (ii) by striking subparagraph (G) of 

24 paragraph (2); and 

25 (B) in subsection (f)— 

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1 (i) in the first sentence, by striking ‘‘or 

2 (G)’’ both places it appears; and 

3 (ii) by striking the second sentence. 

4 (d) EFFECTIVE DATE.—This section and the amend5 ments made by this section shall take effect on the later of— 

6 (1) October 1, 2013; and 

7 (2) the date of the enactment of an Act author8 izing funds for military construction for fiscal year 

9 2014. 

10 SEC. 2712. AIR ARMAMENT CENTER, EGLIN AIR FORCE 

11 BASE. 

12 The Secretary of the Air Force shall retain an Air Ar13 mament Center at Eglin Air Force Base, Florida, in name 

14 and function, with the same integrated mission elements, 

15 responsibilities, and capabilities as existed upon the com16 pletion of implementation of the recommendations of the 

17 2005 Base Closure and Realignment Commission regarding 

18 such military installation contained in the report trans19 mitted by the President to Congress in accordance with sec20 tion 2914(e) of the Defense Base Closure and Realignment 

21 Act of 1990 (part A of title XXIX of Public Law 101–510; 

22 10 U.S.C. 2687 note), until such time as such integrated 

23 mission elements, responsibilities, and capabilities are 

24 modified pursuant to section 2687 of title 10, United States 

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1 Code, or a subsequent law providing for the closure or re2 alignment of military installations in the United States. 

3 SEC. 2713. PROHIBITION ON CONDUCTING ADDITIONAL 

4 BASE REALIGNMENT AND CLOSURE (BRAC) 

5 ROUND. 

6 Nothing in this Act shall be construed to authorize an 

7 additional Base Realignment and Closure (BRAC) round, 

8 and none of the funds appropriated pursuant to the author9 ization of appropriations contained in this Act may be used 

10 to propose, plan for, or execute an additional BRAC round. 

11 TITLE XXVIII—MILITARY CON12 STRUCTION GENERAL PROVI13 SIONS 

14 Subtitle A—Military Construction 

15 Program and Military Family 

16 Housing Changes 

17 SEC. 2801. PREPARATION OF MILITARY INSTALLATION MAS18 TER PLANS. 

19 (a) MILITARY INSTALLATION MASTER PLANS.—Sub20 chapter III of chapter 169 of title 10, United States Code, 

21 is amended by inserting after section 2863 the following 

22 new section: 

23 ‘‘§ 2864. Military installation master plans 

24 ‘‘(a) PLANS REQUIRED.—At a time interval prescribed 

25 by the Secretary concerned (but not less frequently than 

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1 once every 10 years), the commander of each military in2 stallation under the jurisdiction of the Secretary shall en3 sure an installation master plan is developed to address en4 vironmental planning, sustainable design and development, 

5 sustainable range planning, real property master planning, 

6 and transportation planning. 

7 ‘‘(b) TRANSPORTATION COMPONENT.— 

8 ‘‘(1) COOPERATION WITH METROPOLITAN PLAN9 NING ORGANIZATIONS.—The transportation compo10 nent of an installation master plan shall be developed 

11 and updated in cooperation with the metropolitan 

12 planning organization designated for the metropoli13 tan planning area in which the military installation 

14 is located. 

15 ‘‘(2) DEFINITIONS.—In this subsection, the terms 

16 ‘metropolitan planning area’ and ‘metropolitan plan17 ning organization’ have the meanings given those 

18 terms in section 134(b) of title 23 and section 5303(b) 

19 of title 49. 

20 ‘‘(3) TRANSIT SERVICES.—The installation mas21 ter plan for a military installation shall also address 

22 operating costs for transit service and travel demand 

23 measures on the installation.’’. 

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1 SEC. 2802. SUSTAINMENT OVERSIGHT AND ACCOUNT2 ABILITY FOR MILITARY HOUSING PRIVATIZA3 TION PROJECTS AND RELATED ANNUAL RE4 PORTING REQUIREMENTS. 

5 (a) SUSTAINMENT OVERSIGHT AND ACCOUNTABILITY

6 FOR PRIVATIZATION PROJECTS.— 

7 (1) OVERSIGHT AND ACCOUNTABILITY MEAS8 URES.—Subchapter IV of chapter 169 of title 10, 

9 United States Code, is amended by inserting after sec10 tion 2885 the following new section: 

11 ‘‘§ 2885a. Oversight and accountability for privatiza12 tion projects: sustainment 

13 ‘‘(a) OVERSIGHT AND ACCOUNTABILITY MEASURES.— 

14 Each Secretary concerned shall prescribe regulations to ef15 fectively oversee and manage a military housing privatiza16 tion project carried out under this subchapter during the 

17 sustainment phase of the project following completion of the 

18 construction or renovation of the housing units. The regula19 tions shall include the following requirements for each pri20 vatization project: 

21 ‘‘(1) The financial health and performance of the 

22 military housing privatization project, including the 

23 debt-coverage ratio of the project and occupancy rates 

24 for the constructed or renovated housing units. 

25 ‘‘(2) A resident satisfaction assessment of the 

26 privatization project. 

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1 ‘‘(3) An assessment of the backlog of maintenance 

2 and repair. 

3 ‘‘(b) REQUIRED QUALIFICATIONS.—The Secretary con4 cerned or designated representative shall ensure that the 

5 project owner, developer, or general contractor that is se6 lected for each military housing privatization initiative 

7 project has sustainment experience commensurate with that 

8 required to maintain the project.’’. 

9 (2) CONFORMING AMENDMENT.—Section 2885(a) 

10 of such title is amended in the matter preceding para11 graph (1) by inserting before the period at the end of 

12 the first sentence the following: ‘‘during the course of 

13 the construction or renovation of the housing units’’. 

14 (3) CLERICAL AMENDMENTS.— 

15 (A) SECTION HEADING.—The heading of 

16 section 2885 of such title is amended to read as 

17 follows: 

18 ‘‘§ 2885. Oversight and accountability for privatiza19 tion projects: construction’’. 

20 (B) TABLE OF SECTIONS.—The table of sec21 tions at the beginning of subchapter IV of chap22 ter 169 of such title is amended by striking the 

23 item relating to section 2885 and inserting the 

24 following new items: 

‘‘2885. Oversight and accountability for privatization projects: construction. 

‘‘2885a. Oversight and accountability for privatization projects: sustainment.’’. 

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1 (b) ANNUAL REPORTING REQUIREMENTS.—Section 

2 2884(b) of such title is amended— 

3 (1) by striking paragraphs (2), (3), (4), and (7); 

4 (2) by redesignating paragraphs (5), (6), and (8) 

5 as paragraphs (2), (3), and (4), respectively; and 

6 (3) by adding at the end the following new para7 graphs: 

8 ‘‘(5) A trend analysis of the backlog of mainte9 nance and repair for each privatization project, in10 cluding the total cost of the operation, maintenance, 

11 and repair costs associated with each project. 

12 ‘‘(6) If the debt associated with a privatization 

13 project exceeds net operating income or the occupancy 

14 rates for the constructed or renovated housing units 

15 are below 75 percent for any sustained period of more 

16 than one year, a report regarding the plan to miti17 gate the financial risk of the project.’’. 

18 SEC. 2803. ONE-YEAR EXTENSION OF AUTHORITY TO USE 

19 OPERATION AND MAINTENANCE FUNDS FOR 

20 CONSTRUCTION PROJECTS OUTSIDE THE 

21 UNITED STATES. 

22 Subsection (h) of section 2808 of the Military Con23 struction Authorization Act for Fiscal Year 2004 (division 

24 B of Public Law 108–136; 117 Stat. 1723), as most recently 

25 amended by section 2804(a)(2) of the Military Construction 

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1 Authorization Act for Fiscal Year 2012 (division B of Pub2 lic Law 112–81; 125 Stat. 1685), is amended— 

3 (1) in paragraph (1), by striking ‘‘September 30, 

4 2012’’ and inserting ‘‘September 30, 2013’’; and 

5 (2) in paragraph (2), by striking ‘‘fiscal year 

6 2013’’ and inserting ‘‘fiscal year 2014’’. 

7 SEC. 2804. TREATMENT OF CERTAIN DEFENSE NUCLEAR FA8 CILITY CONSTRUCTION PROJECTS AS MILI9 TARY CONSTRUCTION PROJECTS. 

10 (a) FINDINGS.—Congress finds the following: 

11 (1) According to a memorandum of agreement 

12 between the Secretary of Defense and the Secretary of 

13 Energy dated May 2010 and a subsequent addendum 

14 to such memorandum, the Secretary of Defense plans 

15 to transfer $8,300,000,000 of the budgetary authority 

16 of the Department of Defense to the Administrator for 

17 Nuclear Security of the National Nuclear Security 

18 Administration between fiscal years 2011 and 2016 to 

19 fund activities of the Administration that the Sec20 retary determines to be high priorities. 

21 (2) Such funding has directly supported defense 

22 activities at the National Nuclear Security Adminis23 tration, including design and construction activities 

24 for the Chemistry and Metallurgy Research Building 

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1 cility project specified in paragraphs (2) and (3) of 

2 subsection (b). 

3 (b) COVERED FACILITIES.—This section applies to the 

4 following construction projects of the National Nuclear Se5 curity Administration: 

6 (1) Any project to build a nuclear facility, initi7 ated on or after October 1, 2013, that is estimated to 

8 cost in excess of $1,000,000,000 and is intended to be 

9 primarily utilized to support the nuclear weapons ac10 tivities of the National Nuclear Security Administra11 tion. 

12 (2) The Chemistry and Metallurgy Research 

13 Building Replacement project, Los Alamos, New Mex14 ico. 

15 (3) The Uranium Processing Facility project, 

16 Oak Ridge, Tennessee. 

17 (c) TREATMENT AS MILITARY CONSTRUCTION

18 PROJECTS.—In the case of the construction projects of the 

19 National Nuclear Security Administration specified in sub20 section (b), the projects are deemed to be military construc21 tion projects to be carried out with respect to a military 

22 installation and therefore subject to the following: 

23 (1) The advance-project authorization require24 ment of section 2802(a) of title 10, United States 

25 Code, and other requirements of chapter 169 of such 

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1 title related to military construction projects carried 

2 out by the Secretary of Defense with respect to the De3 fense Agencies. 

4 (2) Annual Acts authorizing military construc5 tion projects (and authorizing the appropriation of 

6 funds therefor) for a fiscal year. 

7 (d) MILITARY CONSTRUCTION AUTHORIZATION FOR

8 CERTAIN DEFENSE NUCLEAR FACILITY PROJECTS.—The 

9 Secretary of Defense may acquire real property and carry 

10 out military construction projects for the installations or 

11 locations, and in the amounts, set forth in the following 

12 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 

13 (e) REGULATION, REQUIREMENTS, AND COORDINA14 TION.—For each project specified in subsection (b)— 

15 (1) the Administrator for Nuclear Security of the 

16 National Nuclear Security Administration and the 

17 Secretary of Energy shall retain authority to regulate 

18 design and construction activities pursuant to the 

19 Atomic Energy Act and other applicable laws; 

20 (2) the Secretary of Defense shall coordinate with 

21 the Administrator for Nuclear Security regarding re22 quirements for the facility; and 

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1 (3) the Administrator for Nuclear Security shall 

2 make available to the Secretary of Defense the exper3 tise of the National Nuclear Security Administration 

4 to support design and construction activities. 

5 (f) TRANSFER OF FACILITIES.—Upon completion of 

6 construction of a project specified in subsection (b), the Sec7 retary of Defense shall negotiate with the Administrator for 

8 Nuclear Security of the National Nuclear Security Admin9 istration to transfer the constructed facility to the authority 

10 of the Administrator for operations. 

11 (g) SENSE OF CONGRESS.—It is the sense of Congress 

12 that during fiscal year 2014 and thereafter, the budgetary 

13 authority provided by the Secretary of Defense to the Ad14 ministrator for Nuclear Security of the National Nuclear 

15 Security Administration under the memorandum described 

16 in subsection (a)(1) should be reduced by the amount needed 

17 to fund the design and construction of the projects specified 

18 in paragraphs (2) and (3) of subsection (b). 

19 (h) INFORMATION TRANSFER AND LEGAL EFFECT OF

20 TRANSFER.—Not later than September 30, 2013, the Ad21 ministrator for Nuclear Security of the National Nuclear 

22 Security Administration shall transfer to the Secretary of 

23 Defense all information in the possession of the Adminis24 trator related to architectural and engineering services and 

25 construction design for the construction projects specified 

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1 in subsection (b). All environmental impact statements and 

2 legal rulings in effect before that date related to the projects 

3 shall be considered valid upon transfer of responsibility for 

4 the projects to the Secretary of Defense under subsection (c). 

5 (i) EFFECTIVE DATE.—This section shall apply to the 

6 construction projects specified in subsection (b) effective for 

7 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 pits 

14 for nuclear weapons, and to ensure sufficient plutonium pit 

15 production capacity, to respond to technical challenges in 

16 the existing nuclear weapons stockpile or geopolitical devel17 opments. 

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

19 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; 

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1 (2) prior-year funds for the Chemistry and Met2 allurgy Research Building Replacement nuclear facil3 ity, up to $160,000,000 being available, should be ap4 plied to continue design and construction of this facil5 ity in fiscal year 2013; and 

6 (3) during fiscal year 2014 and thereafter, the 

7 budgetary authority provided by the Secretary of De8 fense to the Administrator for Nuclear Security of the 

9 National Nuclear Security Administration under the 

10 memorandum of agreement between the Secretary of 

11 Defense and the Secretary of Energy dated May 2010 

12 should be reduced by the amount needed to fund the 

13 design and construction of the Chemistry and Metal14 lurgy Research Building Replacement nuclear facility 

15 under the military construction authorities provided 

16 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 Metal23 lurgy Research Building Replacement nuclear facility 

24 achieves full operational capability by fiscal year 2024. 

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1 (d) LIMITATION ON ALTERNATIVE PLUTONIUM STRAT2 EGY.—No funds authorized to be appropriated by this Act 

3 or any other Act may be obligated or expended on any ac4 tivities associated with a plutonium strategy for the Na5 tional Nuclear Security Administration that does not in6 clude achieving full operational capability of the Chemistry 

7 and Metallurgy Research Building Replacement nuclear fa8 cility by fiscal year 2024. 

9 Subtitle B—Real Property and 

10 Facilities Administration 

11 SEC. 2811. AUTHORITY OF MILITARY MUSEUMS TO ACCEPT 

12 GIFTS AND SERVICES AND TO ENTER INTO 

13 LEASES AND COOPERATIVE AGREEMENTS. 

14 (a) MUSEUM SUPPORT AUTHORITY.—Chapter 155 of 

15 title 10, United States Code, is amended by inserting after 

16 section 2608 the following new section: 

17 ‘‘§ 2609. Military museum programs: acceptance of 

18 gifts and other support 

19 ‘‘(a) ACCEPTANCE OF SERVICES.—Notwithstanding 

20 section 1342 of title 31, the Secretary concerned may accept 

21 services from a nonprofit entity to support a military mu22 seum program under the jurisdiction of the Secretary. 

23 ‘‘(b) LIMITATION ON USE OF GIFT FUNDS.—A gift 

24 made for the purpose of assisting in the development, oper25 ation, maintenance, or management of, or for the acquisimstockstill on DSK4VPTVN1PROD with BILLS

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1 tion of collections for, a military museum program and de2 posited into one of the general gift funds specified in section 

3 2601(c) of this title shall be available only for the military 

4 museum program and the purpose for which the gift was 

5 made. 

6 ‘‘(c) SOLICITATION OF GIFTS.—Under regulations pre7 scribed under this section, the Secretary concerned may so8 licit from any person or public or private entity, for the 

9 use and benefit of a military museum program, a gift of 

10 books, manuscripts, works of art, historical artifacts, draw11 ings, plans, models, condemned or obsolete combat materiel, 

12 or other personal property. 

13 ‘‘(d) LEASING AUTHORITY.—(1) In accordance with 

14 section 2667 of this title, the Secretary concerned may lease 

15 real and personal property of a military museum program 

16 to a nonprofit entity for purposes related to the military 

17 museum program. 

18 ‘‘(2) A lease under this subsection may not include any 

19 part of the collection of a military museum program. 

20 ‘‘(e) COOPERATIVE AGREEMENTS.—The Secretary con21 cerned may enter into a cooperative agreement with a non22 profit entity for purposes related to support of a military 

23 museum program. 

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1 ‘‘(f) EMPLOYEE STATUS.—For purposes of this section, 

2 employees or personnel of a nonprofit entity may not be 

3 considered to be employees of the United States. 

4 ‘‘(g) REGULATIONS.—(1) The Secretary of Defense 

5 shall prescribe regulations to implement this section. The 

6 regulations shall apply uniformly throughout the Depart7 ment of Defense. 

8 ‘‘(2) The regulations shall provide that solicitation of 

9 a gift, acceptance of a gift (including a gift of services), 

10 or use of a gift under this section may not occur if the na11 ture or circumstances of the solicitation, acceptance, or use 

12 would compromise the integrity or the appearance of integ13 rity of any program of the Department of Defense or any 

14 individual involved in such program. 

15 ‘‘(h) DEFINITIONS.—In this section: 

16 ‘‘(1) The term ‘military museum program’ may 

17 include an individual museum. 

18 ‘‘(2) The term ‘nonprofit entity’ means an ex19 empt organization under section 501(c)(3) of the In20 ternal Revenue Code of 1986 whose primary purpose 

21 is supporting a military museum program. 

22 ‘‘(3) The term ‘Secretary concerned’ includes the 

23 Secretary of Defense with respect to matters con24 cerning the Defense Agencies.’’. 

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1 (b) CLERICAL AMENDMENT.—The table of sections at 

2 the beginning of such chapter is amended by inserting after 

3 the item relating to section 2608 the following new item: 

‘‘2609. Military museum programs: acceptance of gifts and other support.’’. 

4 SEC. 2812. CLARIFICATION OF PARTIES WITH WHOM DE5 PARTMENT OF DEFENSE MAY CONDUCT EX6 CHANGES OF REAL PROPERTY AT CERTAIN 

7 MILITARY INSTALLATIONS. 

8 Section 2869(a)(1) of title 10, United States Code, is 

9 amended— 

10 (1) by striking ‘‘any eligible entity’’ and insert11 ing ‘‘any person’’; 

12 (2) by striking ‘‘the entity’’ and inserting ‘‘the 

13 person’’; and 

14 (3) by striking ‘‘their control’’ and inserting ‘‘the 

15 person’s control’’. 

16 SEC. 2813. INDEMNIFICATION OF TRANSFEREES OF PROP17 ERTY AT ANY CLOSED MILITARY INSTALLA18 TION. 

19 Section 330 of the National Defense Authorization Act 

20 for Fiscal Year 1993 (Public Law 102–484; 10 U.S.C. 2687 

21 note) is amended— 

22 (1) in subsection (a)(1), by striking ‘‘pursuant to 

23 a base closure law’’ and inserting ‘‘after October 24, 

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1 ment Act (Public Law 100–526; 10 U.S.C. 2687 

2 note)’’; and 

3 (2) in subsection (f), by striking paragraph (3). 

4 SEC. 2814. IDENTIFICATION REQUIREMENT FOR ENTRY ON 

5 MILITARY INSTALLATIONS. 

6 (a) IDENTIFICATION REQUIREMENT FOR MILITARY IN7 STALLATIONS.— 

8 (1) MINIMUM IDENTIFICATION REQUIRED.— 

9 (A) IN GENERAL.—Beginning on the day 

10 that is 120 days after the date of the enactment 

11 of this Act, the Secretary concerned may not per12 mit a person who is 18 years old or older to 

13 enter a military installation in the United 

14 States unless such person presents, as determined 

15 by an authentication procedure that meets the 

16 minimum procedural requirements identified by 

17 the Secretary of Defense in paragraph (4), at a 

18 minimum— 

19 (i) a valid Federal or State govern20 ment issued photo identification card; 

21 (ii) a valid Common Access Card; or 

22 (iii) a valid uniformed services identi23 fication card. 

24 (B) EXCEPTION FOR CERTAIN FOREIGN

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1 mit a person to enter a military installation in 

2 the United States if such person presents a valid 

3 foreign passport, as determined by an authen4 tication procedure that meets the minimum pro5 cedural requirements identified by the Secretary 

6 of Defense in paragraph (4), if— 

7 (i) such person is visiting such mili8 tary installation on official business be9 tween the Armed Forces and the armed 

10 forces of a foreign country; or 

11 (ii) such person is visiting a member 

12 of the uniformed services or a civilian em13 ployee of the Department of Defense on such 

14 military installation. 

15 (2) EXPIRED OR FRAUDULENT IDENTIFICA16 TION.—The Secretary concerned shall confiscate any 

17 form of identification that the Secretary determines, 

18 using an authentication procedure that meets the 

19 minimum procedural requirements identified by the 

20 Secretary of Defense in paragraph (4), to be expired 

21 or fraudulent. 

22 (3) COORDINATION AMONG MILITARY INSTALLA23 TIONS OF A STATE.—The Secretary concerned shall 

24 keep a list and shall inform the personnel at any 

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1 other military installation in the State of such mili2 tary installation of the name of any person— 

3 (A) who attempts to help a person required 

4 to present a valid form of identification under 

5 paragraph (1) to enter a military installation in 

6 the United States without such required identi7 fication; or 

8 (B) who attempts to enter a military instal9 lation military installation in the United States 

10 with a form of identification that the Secretary 

11 concerned determines to be expired or fraudulent 

12 under paragraph (2). 

13 (4) PROCEDURAL REQUIREMENTS FOR IDENTI14 FICATION VERIFICATION.—Not later than 90 days 

15 after the date of the enactment of this Act, the Sec16 retary of Defense shall identify the minimum proce17 dural requirements for the Secretary concerned to au18 thenticate the forms of identification in paragraph 

19 (1) for a person entering a military installation in 

20 the United States. In identifying such requirements, 

21 the Secretary of Defense shall identify minimum pro22 cedural requirements to ensure that individuals who 

23 need to enter a military installation in the United 

24 States to perform work under a contract awarded by 

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1 the Department of Defense present a valid form of 

2 identification under paragraph (1). 

3 (b) DEFINITIONS.— 

4 (1) COMMON ACCESS CARD.—In this section, the 

5 term ‘‘Common Access Card’’ means the standard 

6 identification card issued by the Secretary of Defense 

7 to active-duty military personnel, Selected Reserve 

8 personnel, Department of Defense civilian employees, 

9 and certain persons awarded contracts by the Sec10 retary of Defense. 

11 (2) SECRETARY CONCERNED.—In this section, 

12 the term ‘‘Secretary concerned’’ has the meaning 

13 given the term in section 101(a) of title 10, United 

14 States Code. 

15 (3) UNIFORMED SERVICES IDENTIFICATION

16 CARD.—In this section, the term ‘‘uniformed services 

17 identification card’’ means the identification card 

18 issued by the Secretary of Defense to spouses and 

19 other eligible dependents of members of the uniformed 

20 services and other eligible persons, as determined by 

21 the Secretary of Defense. 

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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 con6 gressional defense committees a plan to protect defense crit7 ical assets under the jurisdiction of the Department of De8 fense, and critical equipment at military installations, from 

9 the adverse effects of electromagnetic pulse and high-pow10 ered microwave weapons. 

11 (b) PREPARATION AND ELEMENTS OF PLAN.—In pre12 paring the plan required by subsection (a), the Secretary 

13 of Defense shall utilize the guidance and recommendations 

14 of the Commission to Assess the Threat to the United States 

15 from Electromagnetic Pulse Attack established by section 

16 1401 of the Floyd D. Spence National Defense Authoriza17 tion Act for Fiscal Year 2001 (as enacted into law by Public 

18 Law 106–398; 114. Stat. 1654A–345). The plan shall in19 clude 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 defense 

25 critical asset, to include the backup power capabilities 

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1 rently and a description and a cost estimate for each 

2 project to improve, repair, renovate, or modernize de3 fense critical assets for which any deficiency is identi4 fied in the assessment. 

5 (4) A list of projects, costs, and timelines through 

6 the future-years defense program to meet the require7 ments to overcome deficiencies identified under para8 graph (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 sub16 section (a) shall be submitted in unclassified form, but may 

17 include a classified annex. 

18 (d) DEFENSE CRITICAL ASSET.—In this section, the 

19 term ‘‘defense critical asset’’ means an asset of such extraor20 dinary importance to operations in peace, crisis, and war 

21 that its incapacitation or destruction would have a very 

22 serious debilitating effect on the ability of the Department 

23 of Defense to fulfill its missions. 

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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 PROP6 ERTY UNDER THE JURISDICTION OF A MILI7 TARY DEPARTMENT. 

8 Section 2662(a)(1) of title 10, Untied States Code, is 

9 amended by adding at the end the following new subpara10 graph: 

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 Sec14 retary of a military department, as authorized by sec15 tion 2922a(a)(2) of this title, if the term of the trans16 action 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— 

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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 end 

10 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, is 

16 amended by inserting after ‘‘additional energy conserva17 tion’’ the following: ‘‘and energy security’’. 

18 Subtitle D—Provisions Related to 

19 Guam Realignment 

20 SEC. 2831. USE OF OPERATION AND MAINTENANCE FUND21 ING TO SUPPORT COMMUNITY ADJUSTMENTS 

22 RELATED TO REALIGNMENT OF MILITARY IN23 STALLATIONS AND RELOCATION OF MILI24 TARY PERSONNEL ON GUAM. 

25 (a) TEMPORARY ASSISTANCE AUTHORIZED.— 

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1 (1) ASSISTANCE TO GOVERNMENT OF GUAM.— 

2 Using funds made available under subsection (c), the 

3 Secretary of Defense may assist the Government of 

4 Guam in meeting the costs of providing increased 

5 municipal services and facilities required as a result 

6 of the realignment of military installations and the 

7 relocation of military personnel on Guam (in this sec8 tion referred to as the ‘‘Guam realignment’’) if the 

9 Secretary determines that an unfair and excessive fi10 nancial burden will be incurred by the Government of 

11 Guam to provide the services and facilities in the ab12 sence of the Department of Defense assistance. 

13 (2) MITIGATION OF IDENTIFIED IMPACTS.—The 

14 Secretary of Defense may take such actions as the 

15 Secretary considers to be appropriate to mitigate the 

16 significant impacts identified in the Record of Deci17 sion of the ‘‘Guam and CNMI Military Relocation 

18 Environmental Impact Statement’’ by providing in19 creased municipal services and facilities to activities 

20 that directly support the Guam realignment. 

21 (b) METHODS OF PROVIDING ASSISTANCE.— 

22 (1) USE OF EXISTING PROGRAMS.—The Sec23 retary of Defense shall carry out subsection (a) 

24 through existing Federal programs supporting the 

25 Government of Guam and the Guam realignment, 

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1 whether or not the programs are administered by the 

2 Department of Defense or another Federal agency. 

3 (2) COST SHARE ASSISTANCE.—The Secretary 

4 may assist the Government of Guam to any cost-shar5 ing obligation imposed on the Government of Guam 

6 under any Federal program utilized by the Secretary 

7 under paragraph (1). 

8 (c) SOURCE OF FUNDS.— 

9 (1) TRANSFER AUTHORITY.—To the extent nec10 essary to carry out subsection (a), the Secretary may 

11 transfer appropriated funds available to the Depart12 ment of Defense or a military department for oper13 ation and maintenance to a different account of the 

14 Department of Defense or another Federal agency in 

15 order to make funds available to the Government of 

16 Guam under a Federal program utilized by the Sec17 retary under subsection (b)(1). Amounts so trans18 ferred shall be merged with the appropriation to 

19 which transferred and shall be available only for the 

20 purpose of assisting the Government of Guam as de21 scribed in subsection (a). 

22 (2) ADDITIONAL AUTHORITY.—The transfer au23 thority provided by paragraph (1) is in addition to 

24 the transfer authority provided by section 1001. 

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1 (d) PROGRESS REPORTS REQUIRED.—The Secretary 

2 of Defense shall submit to the Committees on Armed Serv3 ices of the Senate and the House of Representatives semi4 annual reports indicating the total amount expended under 

5 the authority of this section during the preceding six-month 

6 period, the specific projects for which assistance was pro7 vided during such period, and the total amount provided 

8 for each project during such period. 

9 (e) TERMINATION.—The authority to provide assist10 ance under this section expires September 30, 2020. 

11 Amounts obligated on or before that date may be expended 

12 after that date. 

13 SEC. 2832. CERTIFICATION OF MILITARY READINESS NEED 

14 FOR FIRING RANGE ON GUAM AS CONDITION 

15 ON ESTABLISHMENT OF RANGE. 

16 A firing range on Guam may not be established (in17 cluding any construction or lease of lands related to such 

18 establishment) until the Secretary of Defense certifies to the 

19 congressional defense committees that there is a national 

20 security need for the firing range related to readiness of 

21 the Armed Forces assigned to the United States Pacific 

22 Command. 

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1 SEC. 2833. REPEAL OF CONDITIONS ON USE OF FUNDS FOR 

2 GUAM REALIGNMENT. 

3 Section 2207(a) of the Military Construction Author4 ization Act for Fiscal Year 2012 (division B of Public Law 

5 112–81; 125 Stat. 1668) is amended— 

6 (1) in paragraph (2), by inserting ‘‘and’’ after 

7 the semicolon; 

8 (2) by striking paragraphs (3) and (4); and 

9 (3) by redesignating paragraph (5) as para10 graph (3). 

11 Subtitle E—Land Conveyances 

12 SEC. 2841. MODIFICATION TO AUTHORIZED LAND CONVEY13 ANCE AND EXCHANGE, JOINT BASE ELMEN14 DORF RICHARDSON, ALASKA. 

15 (a) CHANGE IN OFFICER AUTHORIZED TO CARRY OUT

16 CONVEYANCES.—Subsection (a) of section 2851 of the Mili17 tary Construction Authorization Act for Fiscal Year 2012 

18 (division B of Public Law 112–81; 125 Stat. 1697) is 

19 amended— 

20 (1) in paragraph (1), by striking ‘‘The Secretary 

21 of the Air Force may, in consultation with the Sec22 retary of the Interior’’ and inserting ‘‘The Secretary 

23 of the Interior may, in consultation with the Sec24 retary of the Air Force’’; and 

25 (2) in paragraph (2)— 

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1 (A) by striking ‘‘The Secretary of the Air 

2 Force may, in consultation with the Secretary of 

3 the Interior, upon terms mutually agreeable to 

4 the Secretary of the Air Force’’ and inserting 

5 ‘‘The Secretary of the Interior may, in consulta6 tion with the Secretary of the Air Force, upon 

7 terms mutually agreeable to the Secretary of the 

8 Interior’’; and 

9 (B) by striking ‘‘in consultation with the 

10 Secretary of the Interior’’ the second place it ap11 pears and inserting ‘‘in consultation with the 

12 Secretary of the Air Force’’. 

13 (b) CONFORMING AMENDMENTS.—Such section is fur14 ther amended— 

15 (1) in subsection (a)(3), by inserting ‘‘of the In16 terior’’ after ‘‘Secretary’’; 

17 (2) in subsection (c)— 

18 (A) in paragraph (1)— 

19 (i) by striking ‘‘The Secretary of the 

20 Air Force’’ and inserting ‘‘The Secretary of 

21 the Interior’’; 

22 (ii) by striking ‘‘the Secretary’’ the 

23 first place it appears and inserting ‘‘the 

24 Secretary of the Interior and the Secretary 

25 of the Air Force’’; and 

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1 (iii) by striking ‘‘the Secretary’’ in 

2 each other place it appears and inserting 

3 ‘‘the Secretaries’’; and 

4 (B) in paragraph (2), by striking ‘‘the Sec5 retary’’ and inserting ‘‘the Secretaries’’; and 

6 (3) in subsections (e) and (f), by inserting ‘‘of 

7 the Interior’’ after ‘‘Secretary’’. 

8 (c) TECHNICAL AMENDMENT.—Subsection (a)(1) of 

9 such section is further amended by striking ‘‘JBER’’ and 

10 inserting ‘‘Joint Base Elmendorf Richardson, Alaska (in 

11 this section referred to as ‘JBER’),’’. 

12 SEC. 2842. MODIFICATION OF FINANCING AUTHORITY, 

13 BROADWAY COMPLEX OF THE DEPARTMENT 

14 OF THE NAVY, SAN DIEGO, CALIFORNIA. 

15 Subsection (a) of section 2732 of the Military Con16 struction Authorization Act, 1987 (division B of Public 99– 

17 661; 100 Stat. 4046) is amended to read as follows: 

18 ‘‘(a) IN GENERAL.—(1) Subject to subsections (b) 

19 through (g), the Secretary of the Navy may enter into long20 term leases of real property located within the Broadway 

21 Complex of the Department of the Navy, San Diego, Cali22 fornia. 

23 ‘‘(2) Subject to subsections (b) through (g), the Sec24 retary may assist any lessee of real property described in 

25 paragraph (1) in financing the construction by the lessee 

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1 of any facility on such real property or otherwise within 

2 the boundaries of the metropolitan San Diego, California, 

3 area.’’. 

4 SEC. 2843. LAND CONVEYANCE, JOHN KUNKEL ARMY RE5 SERVE CENTER, WARREN, OHIO. 

6 (a) CONVEYANCE AUTHORIZED.—The Secretary of the 

7 Army may convey, without consideration, to the Village of 

8 Lordstown, Ohio (in this section referred to as the ‘‘Vil9 lage’’), all right, title, and interest of the United States in 

10 and to a parcel of real property, including any improve11 ments thereon, consisting of approximately 6.95 acres and 

12 containing the John Kunkel Army Reserve Center located 

13 at 4967 Tod Avenue in Warren, Ohio, for the purpose of 

14 permitting the Village to use the parcel for public purposes. 

15 (b) INTERIM LEASE.—Until such time as the real 

16 property described in subsection (a) is conveyed to the Vil17 lage, the Secretary may lease the property to the Village. 

18 (c) PAYMENT OF COSTS OF CONVEYANCE.— 

19 (1) PAYMENT REQUIRED.—The Secretary shall 

20 require the Village to cover costs (except costs for envi21 ronmental remediation of the property) to be incurred 

22 by the Secretary, or to reimburse the Secretary for 

23 such costs incurred by the Secretary, to carry out the 

24 conveyance under subsection (a), including survey 

25 costs, costs for environmental documentation, and any 

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1 other administrative costs related to the conveyance. 

2 If amounts are collected from the Village in advance 

3 of the Secretary incurring the actual costs, and the 

4 amount collected exceeds the costs actually incurred 

5 by the Secretary to carry out the conveyance, the Sec6 retary shall refund the excess amount to the Village. 

7 (2) TREATMENT OF AMOUNTS RECEIVED.— 

8 Amounts received as reimbursement under paragraph 

9 (1) shall be credited to the fund or account that was 

10 used to cover those costs incurred by the Secretary in 

11 carrying out the conveyance. Amounts so credited 

12 shall be merged with amounts in such fund or ac13 count, and shall be available for the same purposes, 

14 and subject to the same conditions and limitations, as 

15 amounts in such fund or account. 

16 (d) CONDITIONS OF CONVEYANCE.—The conveyance of 

17 the real property under subsection (a) shall be subject to 

18 the following conditions: 

19 (1) That the Village not use any Federal funds 

20 to cover any portion of the conveyance costs required 

21 by subsection (c) to be paid by the Village or to cover 

22 the costs for the design or construction of any facility 

23 on the property. 

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1 (2) That the Village begin using the property for 

2 public purposes before the end of the five-year period 

3 beginning on the date of conveyance. 

4 (e) DESCRIPTION OF PROPERTY.—The exact acreage 

5 and legal description of the property to be conveyed under 

6 subsection (a) shall be determined by a survey satisfactory 

7 to the Secretary. 

8 (f) ADDITIONAL TERMS.—The Secretary may require 

9 such additional terms and conditions in connection with 

10 the conveyance as the Secretary considers appropriate to 

11 protect the interests of the United States. 

12 SEC. 2844. LAND CONVEYANCE, CASTNER RANGE, FORT 

13 BLISS, TEXAS. 

14 (a) CONVEYANCE AUTHORIZED.— 

15 (1) CONVEYANCE AUTHORITY.—The Secretary of 

16 the Army may convey, without consideration, to the 

17 Parks and Wildlife Department of the State of Texas 

18 (in this section referred to as the ‘‘Department’’) all 

19 right, title, and interest of the United States in and 

20 to a parcel of real property, including any improve21 ments thereon, consisting of approximately 7,081 

22 acres at Fort Bliss, Texas, for the purpose of permit23 ting the Department to establish and operate a park 

24 as an element of the Franklin Mountains State Park. 

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1 (2) PIECEMEAL CONVEYANCES.—In anticipation 

2 of the conveyance of the entire parcel of real property 

3 described in paragraph (1), the Secretary may sub4 divide the parcel and convey to the Department por5 tions of the real property as the Secretary determines 

6 that the condition of the real property is compatible 

7 with the Department’s intended use of the property. 

8 (b) REVERSIONARY INTEREST.—If the Secretary deter9 mines at any time that the real property conveyed under 

10 subsection (a) is not being used in accordance with the pur11 pose of the conveyance, all right, title, and interest in and 

12 to such real property, including any improvements thereto, 

13 shall, at the option of the Secretary, revert to and become 

14 the property of the United States, and the United States 

15 shall have the right of immediate entry onto such real prop16 erty. A determination by the Secretary under this sub17 section shall be made on the record after an opportunity 

18 for a hearing. 

19 (c) PAYMENT OF COSTS OF CONVEYANCES.— 

20 (1) PAYMENT REQUIRED.—The Secretary shall 

21 require the Department to cover costs to be incurred 

22 by the Secretary, or to reimburse the Secretary for 

23 costs incurred by the Secretary, to carry out the land 

24 conveyance under this section, including survey costs, 

25 costs related to environmental documentation, and 

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1 other administrative costs related to the conveyance. 

2 If amounts are collected from the Department in ad3 vance of the Secretary incurring the actual costs, and 

4 the amount collected exceeds the costs actually in5 curred by the Secretary to carry out the land ex6 change, the Secretary shall refund the excess amount 

7 to Department. This paragraph does not apply to 

8 costs associated with the environmental remediation 

9 of the property to be conveyed. 

10 (2) TREATMENT OF AMOUNTS RECEIVED.— 

11 Amounts received as reimbursements under para12 graph (1) shall be credited to the fund or account that 

13 was used to cover the costs incurred by the Secretary 

14 in carrying out the land exchange. Amounts so cred15 ited shall be merged with amounts in such fund or ac16 count and shall be available for the same purposes, 

17 and subject to the same conditions and limitations, as 

18 amounts in such fund or account. 

19 (c) DESCRIPTION OF PROPERTY.—The exact acreage 

20 and legal descriptions of the parcels of real property to be 

21 conveyed under subsection (a) shall be determined by a sur22 vey satisfactory to the Secretary. 

23 (d) ADDITIONAL TERMS AND CONDITIONS.—The Sec24 retary may require such additional terms and conditions 

25 in connection with the conveyances under subsection (a) as 

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1 the Secretary considers appropriate to protect the interests 

2 of the United States. 

3 SEC. 2845. MODIFICATION OF LAND CONVEYANCE, FORT 

4 HOOD, TEXAS. 

5 Section 2848(a) of the Military Construction Author6 ization Act for Fiscal Year 2005 (division B of Public Law 

7 108–375; 118 Stat. 2140) is amended by striking ‘‘for the 

8 sole purpose’’ and all that follows through ‘‘Central Texas.’’ 

9 and inserting the following: ‘‘for the purpose of permitting 

10 the University System to use the property— 

11 ‘‘(1) for the establishment of a State-supported 

12 university, separate from other universities of the 

13 University System, designated as Texas A&M Univer14 sity, Central Texas; and 

15 ‘‘(2) for such other educational and related pur16 poses as the University System considers to be appro17 priate and the Secretary of the Army determines to 

18 be compatible with military activities in the vicinity 

19 of the property.’’. 

20 SEC. 2846. TRANSFER OF ADMINISTRATIVE JURISDICTION, 

21 FORT LEE MILITARY RESERVATION AND PE22 TERSBURG NATIONAL BATTLEFIELD, VIR23 GINIA. 

24 (a) TRANSFER OF ADMINISTRATIVE JURISDICTION

25 FROM SECRETARY OF THE ARMY.—The Secretary of the 

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1 Army shall transfer to the Secretary of the Interior, without 

2 reimbursement, administrative jurisdiction over a parcel of 

3 land at Fort Lee Military Reservation consisting of ap4 proximately 1.171 acres and depicted as ‘‘Area to be trans5 ferred to Petersburg National Battlefield’’ on the map titled 

6 ‘‘Petersburg National Battlefield Proposed Transfer of Ad7 ministrative Jurisdiction’’, numbered 325/80,801A, and 

8 dated May 2011. The Secretary of the Interior shall include 

9 the land transferred under this subsection within the bound10 ary of Petersburg National Battlefield and administer the 

11 land as part of the park in accordance with laws and regu12 lations applicable to the park. 

13 (b) TRANSFER OF ADMINISTRATIVE JURISDICTION TO

14 SECRETARY OF THE ARMY.—The Secretary of the Interior 

15 shall transfer to the Secretary of the Army, without reim16 bursement, administrative jurisdiction over a parcel of land 

17 consisting of approximately 1.170 acres and depicted as 

18 ‘‘Area to be transferred to Fort Lee Military Reservation’’ 

19 on the map referred to in subsection (a). 

20 (c) AVAILABILITY OF MAP.—The map referred to in 

21 subsection (a) shall be available for public inspection in the 

22 appropriate offices of the National Park Service. 

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1 Subtitle F—Other Matters 

2 SEC. 2861. INCLUSION OF RELIGIOUS SYMBOLS AS PART OF 

3 MILITARY MEMORIALS. 

4 (a) AUTHORITY.—Chapter 21 of title 36, United States 

5 Code, is amended by adding at the end the following new 

6 section: 

7 ‘‘§ 2115. Inclusion of religious symbols as part of mili8 tary memorials 

9 ‘‘(a) INCLUSION OF RELIGIOUS SYMBOLS AUTHOR10 IZED.—To recognize the religious background of members 

11 of the United States Armed Forces, religious symbols may 

12 be included as part of— 

13 ‘‘(1) a military memorial that is established or 

14 acquired by the United States Government; or 

15 ‘‘(2) a military memorial that is not established 

16 by the United States Government, but for which the 

17 American Battle Monuments Commission cooperated 

18 in the establishment of the memorial. 

19 ‘‘(b) MILITARY MEMORIAL DEFINED.—In this section, 

20 the term ‘military memorial’ means a memorial or monu21 ment commemorating the service of the United States 

22 Armed Forces. The term includes works of architecture and 

23 art described in section 2105(b) of this title.’’. 

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1 (b) CLERICAL AMENDMENT.—The table of sections at 

2 the beginning of such chapter is amended by adding at the 

3 end the following new item: 

‘‘2115. Inclusion of religious symbols as part of military memorials.’’. 

4 SEC. 2862. REDESIGNATION OF THE CENTER FOR HEMI5 SPHERIC DEFENSE STUDIES AS THE WILLIAM 

6 J. PERRY CENTER FOR HEMISPHERIC DE7 FENSE STUDIES. 

8 (a) REDESIGNATION.—The Department of Defense re9 gional center for security studies known as the Center for 

10 Hemispheric Defense Studies is hereby renamed the ‘‘Wil11 liam J. Perry Center for Hemispheric Defense Studies’’. 

12 (b) CONFORMING AMENDMENTS.—(1) Section 184 of 

13 title 10, United States Code, is amended— 

14 (A) in subsection (b)(2)(C), by striking ‘‘The 

15 Center for Hemispheric Defense Studies’’ and insert16 ing ‘‘The William J. Perry Center for Hemispheric 

17 Defense Studies’’; and 

18 (B) in subsection (f)(5), by striking ‘‘the Center 

19 for Hemispheric Defense Studies’’ and inserting ‘‘the 

20 William J. Perry Center for Hemispheric Defense 

21 Studies’’. 

22 (2) Section 2611(a)(2)(C) of such title is amended by 

23 striking ‘‘The Center for Hemispheric Defense Studies.’’ and 

24 inserting ‘‘The William J. Perry Center for Hemispheric 

25 Defense Studies.’’. 

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1 (c) REFERENCES.—Any reference to the Department 

2 of Defense Center for Hemispheric Defense Studies in any 

3 law, regulation, map, document, record, or other paper of 

4 the United States shall be deemed to be a reference to the 

5 William J. Perry Center for Hemispheric Defense Studies. 

6 SEC. 2863. SENSE OF CONGRESS REGARDING ESTABLISH7 MENT OF MILITARY DIVERS MEMORIAL AT 

8 WASHINGTON NAVY YARD. 

9 It is the sense of Congress that the Secretary of the 

10 Navy should provide an appropriate site at the former Navy 

11 Dive School at the Washington Navy Yard for a memorial, 

12 to be paid for with private funds, to honor the members 

13 of the Armed Forces who have served as divers and whose 

14 service in defense of the United States has been carried out 

15 beneath the waters of the world, so long as the Secretary 

16 of the Navy has exclusive authority to approve the design 

17 and site of the memorial. 

18 SEC. 2864. GOLD STAR MOTHERS NATIONAL MONUMENT, 

19 ARLINGTON NATIONAL CEMETERY. 

20 (a) ESTABLISHMENT.—The Secretary of the Army 

21 shall permit the Gold Star Mothers National Monument 

22 Foundation (a nonprofit corporation established under the 

23 laws of the District of Columbia) to establish an appro24 priate monument in Arlington National Cemetery or on 

25 Federal land in its environs under the jurisdiction of the 

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1 Department of the Army to commemorate the sacrifices 

2 made by mothers, and made by their sons and daughters 

3 who as members of the Armed Forces make the ultimate 

4 sacrifice, in defense of the United States. The monument 

5 shall be known as the ‘‘Gold Star Mothers National Monu6 ment’’. 

7 (b) PAYMENT OF EXPENSES.—The Gold Star Mothers 

8 National Monument Foundation shall be solely responsible 

9 for acceptance of contributions for, and payment of the ex10 penses of, the establishment of the monument, and no Fed11 eral funds may be used to pay such expenses. 

12 SEC. 2865. NAMING OF TRAINING AND SUPPORT COMPLEX, 

13 FORT BRAGG, NORTH CAROLINA. 

14 (a) NAMING.—The complex located on Fort Bragg, 

15 North Carolina, currently referred to as ‘‘Patriot Point’’, 

16 shall be known and designated as the ‘‘Colonel Robert How17 ard Training and Support Complex’’. 

18 (b) REFERENCES.—Any reference in a law, map, regu19 lation, document, paper, or other record of the United 

20 States to the complex referred to in subsection (a) shall be 

21 deemed to be a reference to the ‘‘Colonel Robert Howard 

22 Training and Support Complex’’. 

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1 SEC. 2866. NAMING OF ELECTROCHEMISTRY ENGINEERING 

2 FACILITY, NAVAL SUPPORT ACTIVITY CRANE, 

3 CRANE, INDIANA. 

4 (a) NAMING.—The electrochemistry engineering facil5 ity on Naval Support Activity Crane, Crane, Indiana, shall 

6 be known and designated as the ‘‘John Hostettler Electro7 chemistry Engineering Facility’’. 

8 (b) REFERENCES.—Any reference in a law, map, regu9 lation, document, paper, or other record of the United 

10 States to the facility referred to in subsection (a) shall be 

11 deemed to be a reference to the ‘‘John Hostettler Electro12 chemistry Engineering Facility’’. 

13 SEC. 2867. RETENTION OF CORE FUNCTIONS OF THE ELEC14 TRONIC SYSTEMS CENTER AT HANSCOM AIR 

15 FORCE BASE, MASSACHUSETTS. 

16 The Secretary of the Air Force shall retain the core 

17 functions of the Electronic Systems Center at Hanscom Air 

18 Force Base, Massachusetts, with the same integrated mis19 sion elements, responsibilities, and capabilities as existed 

20 as of November 1, 2011, until such time as such integrated 

21 mission elements, responsibilities, and capabilities are 

22 modified pursuant to section 2687 of title 10, United States 

23 Code, or a subsequent law providing for the closure or re24 alignment of military installations in the United States. 

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1 SEC. 2868. RETENTION OF CORE FUNCTIONS OF THE AIR 

2 FORCE MATERIEL COMMAND, WRIGHT-PAT3 TERSON AIR FORCE BASE, OHIO. 

4 The Secretary of the Air Force shall retain the core 

5 functions of the Air Force Materiel Command that exist at 

6 Wright-Patterson Air Force Base, Ohio, as of November 1, 

7 2011, until such time as such core functions are modified 

8 pursuant to section 2687 of title 10, United States Code, 

9 or a subsequent law providing for the closure or realignment 

10 of military installations in the United States. 

11 TITLE XXIX—OVERSEAS CONTIN12 GENCY OPERATIONS MILI13 TARY CONSTRUCTION 

14 SEC. 2901. AUTHORIZED NAVY CONSTRUCTION AND LAND 

15 ACQUISITION PROJECTS. 

16 (a) OUTSIDE THE UNITED STATES.—The Secretary of 

17 the Navy may acquire real property and carry out military 

18 construction projects for the installations or locations out19 side the United States, and in the amounts, set forth in 

20 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 

21 (b) AUTHORIZATION OF APPROPRIATIONS.—Funds are 

22 hereby authorized to be appropriated for fiscal years begin23 ning after September 30, 2012, for military construction 

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1 projects outside the United States authorized by subsection 

2 (a) as specified in the funding table in section 4602. 

3 DIVISION C—DEPARTMENT OF 

4 ENERGY NATIONAL SECURITY 

5 AUTHORIZATIONS AND 

6 OTHER AUTHORIZATIONS 

7 TITLE XXXI—DEPARTMENT OF 

8 ENERGY NATIONAL SECURITY 

9 PROGRAMS 

10 Subtitle A—National Security 

11 Programs Authorizations 

12 SEC. 3101. NATIONAL NUCLEAR SECURITY ADMINISTRA13 TION. 

14 (a) AUTHORIZATION OF APPROPRIATIONS.—Funds are 

15 hereby authorized to be appropriated to the Department of 

16 Energy for fiscal year 2013 for the activities of the National 

17 Nuclear Security Administration in carrying out programs 

18 as specified in the funding table in section 4701. 

19 (b) AUTHORIZATION OF NEW PLANT PROJECTS.— 

20 From funds referred to in subsection (a) that are available 

21 for carrying out plant projects, the Secretary of Energy 

22 may carry out new plant projects for the National Nuclear 

23 Security Administration as follows: 

24 Project 13-D-301, Electrical Infrastructure 

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1 oratory, Livermore, California, and Los Alamos 

2 National Laboratory, Los Alamos, New Mexico, 

3 $23,000,000. 

4 Project 13-D-905, Remote-Handled Low5 Level Waste Disposal Project, Idaho National 

6 Laboratory, $8,890,000. 

7 Project 13-D-904, Kesselring Site Radio8 logical Work and Storage Building, Kesselring 

9 Site, West Milton, New York, $2,000,000. 

10 Project 13-D-903, Kesselring Site Prototype 

11 Staff Building, Kesselring Site, West Milton, 

12 New York, $14,000,000. 

13 SEC. 3102. DEFENSE ENVIRONMENTAL CLEANUP. 

14 Funds are hereby authorized to be appropriated to the 

15 Department of Energy for fiscal year 2013 for defense envi16 ronmental cleanup activities in carrying out programs as 

17 specified in the funding table in section 4701. 

18 SEC. 3103. OTHER DEFENSE ACTIVITIES. 

19 Funds are hereby authorized to be appropriated to the 

20 Department of Energy for fiscal year 2013 for other defense 

21 activities in carrying out programs as specified in the fund22 ing table in section 4701. 

23 SEC. 3104. ENERGY SECURITY AND ASSURANCE. 

24 Funds are hereby authorized to be appropriated to the 

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1 rity and assurance programs necessary for national secu2 rity 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 following 

12 new section: 

13 ‘‘SEC. 3241A. AUTHORIZED PERSONNEL LEVELS OF THE OF14 FICE OF THE ADMINISTRATOR. 

15 ‘‘(a) FULL-TIME EQUIVALENT PERSONNEL LEVELS.— 

16 (1) Beginning 180 days after the date of the enactment of 

17 this section, the total number of employees of the Office of 

18 the Administrator of the Administration may not exceed 

19 1,730. 

20 ‘‘(2) Beginning October 1, 2014, the total number of 

21 employees of the Office of the Administrator may not exceed 

22 1,630. 

23 ‘‘(b) COUNTING RULE.—(1) A determination of the 

24 number of employees in the Office of the Administrator 

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1 under subsection (a) shall be expressed on a full-time equiv2 alent 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 Reactors. 

15 ‘‘(B) Employees of the Office of Secure Transpor16 tation. 

17 ‘‘(C) Members of the Armed Forces detailed to 

18 the Administration. 

19 ‘‘(c) VOLUNTARY EARLY RETIREMENT.—In accordance 

20 with section 3523 of title 5, United States Code, the Admin21 istrator may offer voluntary separation or retirement in22 centives to meet the total number of employees authorized 

23 under subsection (a). 

24 ‘‘(d) WORK PLACEMENT PROGRAM.—The Adminis25 trator shall establish a work placement program to assist 

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1 employees of the Administration who are separated from 

2 service pursuant to this section find new employment.’’. 

3 (2) CLERICAL AMENDMENT.—The table of con4 tents at the beginning of the National Nuclear Secu5 rity Administration Act is amended by inserting 

6 after the item relating to section 3241 the following 

7 new item: 

‘‘Sec. 3241A. Authorized personnel levels of the Office of the Administrator.’’. 

8 (b) INCREASE IN EXCEPTED POSITIONS.—Section 

9 3241 of the National Nuclear Security Administration Act 

10 (50 U.S.C. 2441) is amended by striking ‘‘300’’ and insert11 ing ‘‘450’’. 

12 (c) REPORTS.— 

13 (1) REPORT.—Not later than 180 days after the 

14 date of the enactment of this Act, the Administrator 

15 for Nuclear Security shall submit to the congressional 

16 defense committees a report— 

17 (A) describing the criteria and processes 

18 used to implement the personnel levels required 

19 by section 3241A of the National Nuclear Secu20 rity Administration Act, as added by subsection 

21 (a); 

22 (B) detailing the realized and expected cost 

23 savings within the Office of the Administrator 

24 and the nuclear security enterprise resulting 

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1 tion to performance-based governance, manage2 ment, and oversight pursuant to section 3265 of 

3 such Act, as added by section 3113; 

4 (C) describing any impacts such personnel 

5 reductions have had or will have on the ability 

6 of the Administration to perform the mission of 

7 the Administration safely, securely, effectively, 

8 and efficiently; 

9 (D) assessing various levels of further per10 sonnel reductions, including reductions of 10 

11 percent, 15 percent, and 50 percent, on the abil12 ity of the Administration to perform the mission 

13 of the Administration safely, securely, effectively, 

14 and efficiently; 

15 (E) recommending any further efficiencies 

16 and personnel reductions that should be made as 

17 a result of such transition pursuant to such sec18 tion 3265, including an implementation plan 

19 and schedule for achieving such efficiencies and 

20 reductions; and 

21 (F) assessing the salary and wage structure 

22 of the Office of the Administrator and the man23 agement and operating contractors of the nuclear 

24 security enterprise, as well as the status and efmstockstill on DSK4VPTVN1PROD with BILLS

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1 fectiveness of contractor assurance systems across 

2 the nuclear security enterprise. 

3 (2) ASSESSMENT.—Not later than 180 days after 

4 the date on which the report under paragraph (1) is 

5 submitted, the Comptroller General of the United 

6 States shall submit to the congressional defense com7 mittees an assessment of such report. 

8 SEC. 3112. BUDGET JUSTIFICATION MATERIALS. 

9 Section 3251(b) of the National Nuclear Security Ad10 ministration Act (50 U.S.C. 2451) is amended— 

11 (1) by striking ‘‘In the’’ and inserting ‘‘(1) In 

12 the’’; and 

13 (2) by adding at the end the following new para14 graph: 

15 ‘‘(2) In the budget justification materials submitted to 

16 Congress in support of each such budget, the Administrator 

17 shall include an assessment of how the budget maintains 

18 the core nuclear weapons skills of the Administration, in19 cluding nuclear weapons design, engineering, production, 

20 testing, and prediction of stockpile aging.’’. 

21 SEC. 3113. CONTRACTOR GOVERNANCE, OVERSIGHT, AND 

22 ACCOUNTABILITY. 

23 (a) OVERSIGHT OF CONTRACTORS.— 

24 (1) IN GENERAL.—The National Nuclear Secu25 rity Administration Act (50 U.S.C. 2401 et seq.) is 

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1 amended by adding after section 3264 the following 

2 new section: 

3 ‘‘SEC. 3265. CONTRACTOR GOVERNANCE, OVERSIGHT, AND 

4 ACCOUNTABILITY. 

5 ‘‘(a) PERFORMANCE-BASED CONTRACTOR GOVERN6 ANCE, MANAGEMENT, AND OVERSIGHT.—(1) The Adminis7 trator shall establish a system of governance, management, 

8 and oversight of covered contractors. 

9 ‘‘(2) The system established under paragraph (1) 

10 shall— 

11 ‘‘(A) include clear, consistent, and auditable per12 formance-based standards relating to the mission ef13 fectiveness and operations of a covered contractor; 

14 ‘‘(B) ensure that the governance, management, 

15 and oversight of the mission effectiveness and oper16 ations of a covered contractor is conducted pursuant 

17 to national and international standards and best 

18 practices; 

19 ‘‘(C) recognize the respective roles of— 

20 ‘‘(i) the Federal Government in determining 

21 the performance-based standards with respect to 

22 high-level mission and operations performance 

23 objectives; and 

24 ‘‘(ii) a covered contractor, particularly a 

25 contractor that is a federally funded research 

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1 and development corporation, in determining 

2 how to accomplish such objectives; 

3 ‘‘(D) conduct oversight based on outcomes and 

4 performance-based standards rather than detailed, 

5 transaction-based oversight; and 

6 ‘‘(E) include appropriate measures to ensure 

7 that the Administrator has accurate and consistent 

8 data and information to manage and make decisions 

9 with respect to the nuclear security enterprise. 

10 ‘‘(3)(A) The Administrator may exempt individual 

11 areas of governance, management, and oversight from the 

12 requirements of the system established under paragraph (1) 

13 and continue to conduct transaction-based oversight if the 

14 Administrator determines that such exemption is necessary 

15 to ensure the national security or the safety, security, or 

16 performance of the Administration. 

17 ‘‘(B) If the Administrator makes an exemption under 

18 subparagraph (A), the Administrator shall annually submit 

19 to the congressional defense committees a certification for 

20 each such exemption, including a description of why such 

21 exemption is needed. 

22 ‘‘(C) During the three-year period beginning on the 

23 date of the enactment of this section, the Administrator may 

24 temporarily exempt individual facilities or contractors 

25 from the system established under paragraph (1) and conmstockstill on DSK4VPTVN1PROD with BILLS

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1 tinue to conduct transaction-based oversight if the Adminis2 trator determines that such exemption is needed to ensure 

3 that robust contractor assurance, accountability, and per4 formance-based oversight mechanisms are in place for such 

5 facility or contractor. 

6 ‘‘(D) If the Administrator makes an exemption under 

7 subparagraph (C), the Administrator shall annually submit 

8 to the congressional defense committees a written justifica9 tion for such exemption and a plan and schedule to transi10 tion the exempted facility or contractor to the system estab11 lished under paragraph (1). 

12 ‘‘(b) CONTRACTOR ACCOUNTABILITY.—The Adminis13 trator shall— 

14 ‘‘(1) ensure that each management and operating 

15 contract includes robust mechanisms to ensure the ac16 countability of a covered contractor; and 

17 ‘‘(2) exercise such mechanisms as the Adminis18 trator determines appropriate to ensure the perform19 ance of the covered contractor. 

20 ‘‘(c) DEFINITIONS.—In this section: 

21 ‘‘(1) The term ‘covered contractor’ means a con22 tractor who enters into a management and operating 

23 contract. 

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1 trator and a contractor to manage and operate a 

2 Government-owned, contractor-operated facility. 

3 ‘‘(3) The term ‘performance-based standards’, 

4 with respect to a covered contract, means that the 

5 contract includes the use of performance work state6 ments that set forth contract requirements in clear, 

7 specific, and objective terms with measurable out8 comes.’’. 

9 (2) CLERICAL AMENDMENT.—The table of con10 tents at the beginning of the National Nuclear Secu11 rity Administration Act is amended by inserting 

12 after the item relating to section 3264 the following 

13 new item: 

‘‘Sec. 3265. Contractor governance, oversight, and accountability.’’. 

14 (b) REPORTS.—Not later than January 15, 2013, and 

15 each year thereafter through 2016, the Administrator shall 

16 submit to the congressional defense committees a report that 

17 includes— 

18 (1) a description of each instance during the pre19 vious calendar year in which the Administrator, or 

20 any other head of an agency of the Federal Govern21 ment, used a procedure, standard, or process for gov22 ernance, management, and oversight of a covered con23 tract (as defined in section 3265(d)(1) of the National 

24 Nuclear Security Administration Act, as added by 

25 subsection (a)(1)) that is not a procedure, standard, 

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1 or process that conforms to national or international 

2 standards or industry best practices; 

3 (2) an explanation of why such procedure, stand4 ard, or process was used during such year and any 

5 steps that will be taken by the Administrator or other 

6 head of an agency, as the case may be, in future years 

7 to instead use a procedure, standard, or process that 

8 conforms to national or international standards or 

9 industry best practices; and 

10 (3) a description of any oversight activities by 

11 any agency of the Federal Government that occurred 

12 during the previous calendar year that the Adminis13 trator considers duplicative or unnecessary. 

14 SEC. 3114. NATIONAL NUCLEAR SECURITY ADMINISTRA15 TION COUNCIL. 

16 (a) NNSA COUNCIL.—Section 4102 of the Atomic En17 ergy Defense Act (50 U.S.C. 2512) is amended to read as 

18 follows: 

19 ‘‘SEC. 4102. MANAGEMENT STRUCTURE FOR NUCLEAR SE20 CURITY ENTERPRISE. 

21 ‘‘(a) IN GENERAL.—The Administrator shall establish 

22 a management structure for the nuclear security enterprise 

23 in accordance with the National Nuclear Security Adminis24 tration Act (50 U.S.C. 2401 et seq.). 

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1 ‘‘(b) NATIONAL NUCLEAR SECURITY ADMINISTRATION

2 COUNCIL.—(1) The Administrator shall establish a council 

3 to be known as the ‘National Nuclear Security Administra4 tion Council’. The Council may advise the Administrator 

5 on scientific and technical issues relating to policy matters, 

6 operational concerns, strategic planning, and the develop7 ment of priorities relating to the mission and operations 

8 of the Administration and the nuclear security enterprise. 

9 ‘‘(2) The Council shall be composed of the directors of 

10 the national security laboratories and the nuclear weapons 

11 production facilities. 

12 ‘‘(3) The Council may provide the Administrator or 

13 the Secretary of Energy recommendations for improving 

14 the— 

15 ‘‘(A) governance, management, effectiveness, and 

16 efficiency of the Administration; and 

17 ‘‘(B) any other matter in accordance with para18 graph (1). 

19 ‘‘(4) Not later than 60 days after the date on which 

20 any recommendation under paragraph (3) is received, the 

21 Administrator or the Secretary, as the case may be, shall 

22 respond to the Council with respect to whether such rec23 ommendation will be implemented and the reasoning for 

24 implementing or not implementing such recommendation.’’. 

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1 (b) CLERICAL AMENDMENT.—The table of contents at 

2 the beginning of the Atomic Energy Defense Act is amended 

3 by striking the item relating to section 4102 and inserting 

4 the following new item: 

‘‘Sec. 4102. Management structure for nuclear security enterprise.’’. 

5 SEC. 3115. SAFETY, HEALTH, AND SECURITY OF THE NA6 TIONAL NUCLEAR SECURITY ADMINISTRA7 TION. 

8 (a) SECURITY OF ASSETS AND INFORMATION.— 

9 (1) IN GENERAL.—Section 3231 of the National 

10 Nuclear Security Administration Act (50 U.S.C. 

11 2421) is amended to read as follows: 

12 ‘‘SEC. 3231. PROTECTION OF SPECIAL NUCLEAR MATERIAL 

13 AND NATIONAL SECURITY INFORMATION. 

14 ‘‘(a) POLICIES AND PROCEDURES REQUIRED.—The 

15 Administrator shall establish policies and procedures to en16 sure the protection of— 

17 ‘‘(1) special nuclear material and other sensitive 

18 physical assets of the Administration; and 

19 ‘‘(2) classified information in the possession of 

20 the Administration. 

21 ‘‘(b) PROMPT REPORTING.—The Administrator shall 

22 establish procedures to ensure prompt reporting to the Ad23 ministrator of any significant problem, abuse, violation of 

24 law or Executive order, or deficiency relating to the— 

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1 ‘‘(1) protection of the special nuclear material 

2 and other sensitive physical assets of the Administra3 tion; and 

4 ‘‘(2) management of classified information by 

5 personnel of the Administration.’’. 

6 (2) CLERICAL AMENDMENT.—The table of con7 tents at the beginning of the National Nuclear Secu8 rity Administration Act is amended by striking the 

9 item relating to section 3231 and inserting the fol10 lowing new item: 

‘‘Sec. 3231. Protection of special nuclear material and national security information.’’. 

11 (b) HEALTH AND SAFETY.— 

12 (1) IN GENERAL.—Section 3261 of the National 

13 Nuclear Security Administration Act (50 U.S.C. 

14 2461) is amended— 

15 (A) in subsection (a), by striking ‘‘The Ad16 ministrator’’ and inserting ‘‘In accordance with 

17 subsections (c) and (d), the Administrator’’; 

18 (B) by striking subsection (c); 

19 (C) by adding at the end the following new 

20 subsection: 

21 ‘‘(c) NON-NUCLEAR HEALTH AND SAFETY.—(1) In 

22 carrying out this section with respect to non-nuclear oper23 ations, the Administrator shall ensure that the Administra24 tion complies with all applicable occupational safety and 

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1 health standards promulgated under the Occupational Safe2 ty and Health Act of 1970 (29 U.S.C. 655) that are admin3 istered by the Secretary of Labor. 

4 ‘‘(2) With respect to complying with the occupational 

5 safety and health standards under paragraph (1), and con6 ducting oversight of such occupational safety and health 

7 standards, the Administrator shall ensure that such com8 plying and oversight by the Administration is conducted— 

9 ‘‘(A) in accordance with best industry and Gov10 ernment practices for meeting such standards; and 

11 ‘‘(B) in accordance with the performance-based 

12 system of governance, management, and oversight es13 tablished under section 3265, notwithstanding the ex14 emption authority under subsection (a)(3) of such sec15 tion. 

16 ‘‘(3) Except as provided by paragraph (4), the Admin17 istrator may not establish or prescribe any order, rule, or 

18 regulation regarding occupational safety and health unless 

19 such order, rule, or regulation is pursuant to an occupa20 tional safety and health standard described in paragraph 

21 (1). 

22 ‘‘(4)(A) In carrying out paragraph (3)— 

23 ‘‘(i) the Administrator may waive the require24 ment under such paragraph for any type of high hazmstockstill on DSK4VPTVN1PROD with BILLS

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1 ard operations if the Administrator determines that 

2 such waiver is necessary to ensure safety; and 

3 ‘‘(ii) the Administrator shall waive such require4 ments for operations involving beryllium. 

5 ‘‘(B) The Administrator shall submit an annual cer6 tification to the congressional defense committees regarding 

7 why any such waivers made under subparagraph (A) are 

8 required to ensure safety.’’; and 

9 (D) by adding after subsection (c), as added 

10 by subparagraph (C), the following new sub11 section: 

12 ‘‘(d) NUCLEAR HEALTH AND SAFETY.—(1) In car13 rying out this section with respect to nuclear operations, 

14 the Administrator shall prescribe appropriate policies and 

15 regulations to ensure that risks to the health and safety of 

16 the employees of the Administration, contractors of the Ad17 ministration, and the general public from such nuclear op18 erations are as low as reasonably practicable and that ade19 quate protection is provided. 

20 ‘‘(2) With respect to prescribing and complying with 

21 the policies and regulations under paragraph (1), and con22 ducting oversight of such policies and regulations by the 

23 Administration, the Administrator shall ensure that such 

24 prescribing, complying, and oversight is conducted in ac25 cordance with the performance-based system of governance, 

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1 management, and oversight established under section 3265, 

2 notwithstanding the exemption authority under subsection 

3 (a)(3) of such section.’’. 

4 (2) NUCLEAR HEALTH AND SAFETY EFFECTIVE

5 DATE.—The amendment made by paragraph (1)(D) 

6 shall take effect October 1, 2013. 

7 (c) REPORT ON AUTHORITY FOR NUCLEAR SAFETY.— 

8 Not later than March 1, 2013, the Administrator shall sub9 mit to the congressional defense committees a report that 

10 includes— 

11 (1) an implementation plan describing the ac12 tions needed to fully transition the policy, regulatory, 

13 and oversight authority for the nuclear safety of the 

14 nuclear security enterprise from the Department of 

15 Energy to the Administration; and 

16 (2) a description of the costs and benefits of such 

17 a transition. 

18 SEC. 3116. DESIGN AND USE OF PROTOTYPES OF NUCLEAR 

19 WEAPONS. 

20 (a) PROTOTYPES.—The Atomic Energy Defense Act 

21 (50 U.S.C. 2501 et seq.) is amended by inserting after sec22 tion 4508 the following new section: 

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1 ‘‘SEC. 4509. DESIGN AND USE OF PROTOTYPES OF NUCLEAR 

2 WEAPONS FOR INTELLIGENCE PURPOSES. 

3 ‘‘(a) PROTOTYPES.—The Administrator shall develop 

4 and carry out a plan for the national security laboratories 

5 and nuclear weapons production plants to design and build 

6 prototypes of nuclear weapons to further intelligence esti7 mates with respect to foreign nuclear weapons activities. 

8 ‘‘(b) PROHIBITION ON PRODUCTION OF NUCLEAR

9 YIELDS.—In carrying out subsection (a), the Administrator 

10 may not conduct any experiments that produce a nuclear 

11 yield.’’. 

12 (b) CLERICAL AMENDMENT.—The table of contents at 

13 the beginning of the Atomic Energy Defense Act is amended 

14 by inserting after the item relating to section 4508 the fol15 lowing new item: 

‘‘Sec. 4509. Design and use of prototypes of nuclear weapons for intelligence purposes.’’. 

16 SEC. 3117. IMPROVEMENT AND STREAMLINING OF THE MIS17 SIONS AND OPERATIONS OF THE DEPART18 MENT OF ENERGY AND NATIONAL NUCLEAR 

19 SECURITY ADMINISTRATION. 

20 (a) IN GENERAL.—Not later than 90 days after the 

21 date of the enactment of this Act, the Secretary of Energy 

22 and the Administrator for Nuclear Security, in coordina23 tion with the Secretary of Defense and other officials, as 

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1 propriate, shall revise the Department of Energy Acquisi2 tion Regulation and other regulations, rules, directives, or3 ders, and policies that apply to the administration, execu4 tion, and oversight of the missions and operations of the 

5 Department of Energy and the National Nuclear Security 

6 Administration to improve and streamline such adminis7 tration, execution, and oversight. 

8 (b) IMPROVEMENT AND STREAMLINING.—In carrying 

9 out subsection (a), the Secretary of Energy and the Admin10 istrator for Nuclear Security shall— 

11 (1) streamline business processes and structures 

12 to reduce unnecessary, burdensome, or duplicative ap13 provals; 

14 (2) delegate approval for work for others agree15 ments and cooperative research and development 

16 agreements (except those that the Secretary or Admin17 istrator determine are high value or unique) to the 

18 management and operating contractors of a Govern19 ment-owned, contractor-operated facility of the De20 partment or Administration and hold such contrac21 tors accountable for maintaining appropriate port22 folios with respect to such agreements; 

23 (3) establish processes for ensuring routine or 

24 low-risk procurement and subcontracting decisions 

25 are made at the discretion of the management and 

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1 operating contractors while ensuring that the Sec2 retary or Administrator apply appropriate oversight; 

3 (4) assess procurement thresholds as of the date 

4 of the enactment of this Act and take steps as appro5 priate to adjust such thresholds; 

6 (5) eliminate duplicative or low-value reports 

7 and data calls and ensure consistency in management 

8 and cost accounting data; and 

9 (6) otherwise streamline, clarify, and eliminate 

10 redundancy in the regulations, rules, directives, or11 ders, and policies described by subsection (a). 

12 (c) BRIEFING.— 

13 (1) IN GENERAL.—Not later than 120 days after 

14 the date of the enactment of this Act, the Secretary 

15 and the Administrator shall provide to the appro16 priate congressional committees a briefing on the reg17 ulations, rules, directives, orders, and policies im18 proved and streamlined pursuant to subsection (a). 

19 (2) APPROPRIATE COMMITTEES DEFINED.—In 

20 this subsection, the term ‘‘appropriate congressional 

21 committees’’ means— 

22 (A) the congressional defense committees; 

23 and 

24 (B) the Committee on Energy and Natural 

25 Resources of the Senate and the Committee on 

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1 Energy and Commerce of the House of Rep2 resentatives. 

3 SEC. 3118. COST-BENEFIT ANALYSES FOR COMPETITION OF 

4 MANAGEMENT AND OPERATING CONTRACTS. 

5 (a) LIMITATION.—The Administrator for Nuclear Se6 curity may not release a final request for proposal for com7 petition of any contract to manage and operate a facility 

8 of the National Nuclear Security Administration until the 

9 date on which the Administrator submits to the congres10 sional defense committees a report described in subsection 

11 (b). 

12 (b) REPORT DESCRIBED.—A report described in this 

13 subsection is a report on a request for proposal for competi14 tion described in subsection (a) that includes— 

15 (1) the expected cost savings resulting from the 

16 competition over the life of the contract; 

17 (2) the costs of the competition, including imme18 diate costs of conducting the competition and any in19 creased costs over the life of the contract; 

20 (3) a description of— 

21 (A) any disruption or delay in mission ac22 tivities or deliverables resulting from the com23 petition; and 

24 (B) any benefits of the proposed competition 

25 to mission performance or operations; 

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1 (4) how the competition complies with the Fed2 eral Acquisition Regulation regarding federally fund3 ed research and development centers, if applicable; 

4 and 

5 (5) any other matters the Administrator con6 siders appropriate. 

7 (c) GAO REVIEW.—Not later than 90 days after each 

8 report is submitted to the congressional defense committees 

9 under subsection (a) or (d)(2), the Comptroller General of 

10 the United States shall submit to such committees a review 

11 of such report. 

12 (d) APPLICABILITY.— 

13 (1) IN GENERAL.—The limitation in subsection 

14 (a) shall apply with respect to a request for proposal 

15 described by such subsection that is released by the 

16 Administrator for Nuclear Security during fiscal 

17 years 2012 through 2017. 

18 (2) FISCAL YEAR 2012 RFPS.—For each request 

19 for proposal described by subsection (a) that is re20 leased by the Administrator during fiscal year 2012 

21 before the date of the enactment of this Act, the Ad22 ministrator shall submit to the congressional defense 

23 committees a report described in subsection (b) by not 

24 later than 90 days after the date of such enactment. 

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1 SEC. 3119. LIMITATION ON AVAILABILITY OF FUNDS FOR IN2 ERTIAL CONFINEMENT FUSION IGNITION 

3 AND HIGH YIELD CAMPAIGN. 

4 (a) LIMITATION.—Except as provided in subsection 

5 (b), of the funds authorized to be appropriated by this Act 

6 or otherwise made available for fiscal year 2013 for fusion 

7 ignition under the Inertial Confinement Fusion Ignition 

8 and High Yield Campaign, not more than 50 percent may 

9 be obligated or expended until the date on which— 

10 (1) the Administrator for Nuclear Security cer11 tifies to the congressional defense committees that fu12 sion ignition has been achieved at the National Igni13 tion Facility at Lawrence Livermore National Lab14 oratory; or 

15 (2) the Administrator submits to such commit16 tees a detailed report on fusion ignition, including— 

17 (A) a thorough description of the remaining 

18 technical challenges and gaps in understanding 

19 with respect to such ignition; 

20 (B) a plan and schedule for reevaluating 

21 the ignition program and incorporating experi22 mental data into computer models; 

23 (C) the best judgment of the Administrator 

24 with respect to whether ignition can be achieved 

25 at the National Ignition Facility, as designed on 

26 the date of the report; and 

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1 (D) if funding being spent on ignition re2 search as of the date of the report were applied 

3 to life extension programs— 

4 (i) a description of such programs that 

5 could be accelerated or otherwise improved; 

6 and 

7 (ii) how such funding changes would 

8 affect the stockpile stewardship program. 

9 (b) EXCEPTION.—The limitation in subsection (a) 

10 shall not apply to the Z machine at Sandia National Lab11 oratories or the Omega laser system at the University of 

12 Rochester. 

13 SEC. 3120. LIMITATION ON AVAILABILITY OF FUNDS FOR 

14 GLOBAL SECURITY THROUGH SCIENCE PART15 NERSHIPS PROGRAM. 

16 (a) LIMITATION.—Of the funds authorized to be appro17 priated by this Act or otherwise made available for fiscal 

18 year 2013 for the National Nuclear Security Administra19 tion, not more than $8,000,000 may be obligated or ex20 pended for the Global Security through Science Partner21 ships Program, formerly known as the Global Initiatives 

22 for Proliferation Prevention Program, until the date on 

23 which the Secretary of Energy submits to the appropriate 

24 congressional committees the report under subsection (b). 

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1 (b) REPORT.—The Secretary of Energy shall submit 

2 to the appropriate congressional committees a report with 

3 a plan to complete the Global Security through Science 

4 Partnerships Program by the end of calendar year 2015. 

5 (c) FORM.—The report under subsection (b) may be 

6 submitted in unclassified form and may include a classified 

7 annex. 

8 (d) APPROPRIATE CONGRESSIONAL COMMITTEES DE9 FINED.—In this section, the term ‘‘appropriate congres10 sional committees’’ means— 

11 (1) the Committee on Armed Services and the 

12 Committee on Foreign Affairs of the House of Rep13 resentatives; and 

14 (2) the Committee on Armed Services and the 

15 Committee on Foreign Relations of the Senate. 

16 SEC. 3121. LIMITATION ON AVAILABILITY OF FUNDS FOR 

17 CENTER OF EXCELLENCE ON NUCLEAR SECU18 RITY. 

19 (a) LIMITATION.—Of the funds authorized to be appro20 priated by this Act or otherwise made available for fiscal 

21 year 2013 for the National Nuclear Security Administra22 tion, not more than $7,000,000 may be obligated or ex23 pended for the United States-China Center of Excellence on 

24 Nuclear Security until the date on which the Secretary of 

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1 Energy submits to the appropriate congressional commit2 tees the report under subsection (b)(2). 

3 (b) NUCLEAR SECURITY.— 

4 (1) REVIEW.—The Secretary of Energy, in co5 ordination with the Secretary of Defense, shall con6 duct a review of the existing and planned non-pro7 liferation activities with the People’s Republic of 

8 China as of the date of the enactment of this Act to 

9 determine if the engagement is directly or indirectly 

10 supporting the proliferation of nuclear weapons devel11 opment and technology to other nations. 

12 (2) REPORT.—Not later than 90 days after the 

13 date of the enactment of this Act, the Secretary of En14 ergy shall submit to the appropriate congressional 

15 committees a report certifying that the activities re16 viewed under paragraph (1) are not contributing to 

17 the proliferation of nuclear weapons development and 

18 technology to other nations. 

19 (c) FORM.—The report under subsection (b)(2) may be 

20 submitted in unclassified form and may include a classified 

21 annex. 

22 (d) APPROPRIATE CONGRESSIONAL COMMITTEES DE23 FINED.—In this section, the term ‘‘appropriate congres24 sional committees’’ means— 

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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. 3122. TWO-YEAR EXTENSION OF SCHEDULE FOR DIS7 POSITION OF WEAPONS-USABLE PLUTONIUM 

8 AT SAVANNAH RIVER SITE, AIKEN, SOUTH 

9 CAROLINA. 

10 Section 4306 of the Atomic Energy Defense Act (50 

11 U.S.C. 2566) is amended— 

12 (1) in subsection (a)(3)— 

13 (A) in subparagraph (C), by striking 

14 ‘‘2012’’ and inserting ‘‘2014’’; and 

15 (B) in subparagraph (D), by striking 

16 ‘‘2017’’ and inserting ‘‘2019’’; 

17 (2) in subsection (b)— 

18 (A) in paragraph (1), by striking ‘‘by Jan19 uary 1, 2012’’; 

20 (B) in paragraph (4), by striking ‘‘2012’’ 

21 each place it appears and inserting ‘‘2014’’; and 

22 (C) in paragraph (5), by striking ‘‘2012’’ 

23 and inserting ‘‘2014’’; 

24 (3) in subsection (c)— 

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1 (A) in the matter preceding paragraph (1), 

2 by striking ‘‘2012’’ and inserting ‘‘2014’’; 

3 (B) in paragraph (1), by striking ‘‘2014’’ 

4 and inserting ‘‘2016’’; and 

5 (C) in paragraph (2), by striking ‘‘2020’’ 

6 each place it appears and inserting ‘‘2022’’; 

7 (4) in subsection (d)— 

8 (A) in paragraph (1)— 

9 (i) by striking ‘‘2014’’ and inserting 

10 ‘‘2016’’; and 

11 (ii) by striking ‘‘2019’’ and inserting 

12 ‘‘2021’’; and 

13 (B) in paragraph (2)(A), by striking 

14 ‘‘2020’’ each place it appears and inserting 

15 ‘‘2022’’; and 

16 (5) in subsection (e), by striking ‘‘2023’’ and in17 serting ‘‘2025’’. 

18 Subtitle C—Improvements to 

19 National Security Energy Laws 

20 SEC. 3131. IMPROVEMENTS TO THE ATOMIC ENERGY DE21 FENSE ACT. 

22 (a) DEFINITIONS.— 

23 (1) IN GENERAL.—Section 4002 of the Atomic 

24 Energy Defense Act (50 U.S.C. 2501) is amended to 

25 read as follows: 

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1 ‘‘SEC. 4002. DEFINITIONS. 

2 ‘‘In this division: 

3 ‘‘(1) The term ‘Administration’ means the Na4 tional Nuclear Security Administration. 

5 ‘‘(2) The term ‘Administrator’ means the Admin6 istrator for Nuclear Security. 

7 ‘‘(3) The term ‘classified information’ means any 

8 information that has been determined pursuant to 

9 Executive Order No. 12333 of December 4, 1981 (50 

10 U.S.C. 401 note), Executive Order No. 12958 of April 

11 17, 1995 (50 U.S.C. 435 note), or successor orders, to 

12 require protection against unauthorized disclosure 

13 and that is so designated. 

14 ‘‘(4) The term ‘congressional defense committees’ 

15 means— 

16 ‘‘(A) the Committee on Armed Services and 

17 the Committee on Appropriations of the Senate; 

18 and 

19 ‘‘(B) the Committee on Armed Services and 

20 the Committee on Appropriations of the House of 

21 Representatives. 

22 ‘‘(5) The term ‘nuclear security enterprise’ 

23 means the physical facilities, technology, and human 

24 capital of the national security laboratories and the 

25 nuclear weapons production facilities. 

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1 ‘‘(6) The term ‘national security laboratory’ 

2 means any of the following: 

3 ‘‘(A) Los Alamos National Laboratory, Los 

4 Alamos, New Mexico. 

5 ‘‘(B) Sandia National Laboratories, Albu6 querque, New Mexico, and Livermore, California. 

7 ‘‘(C) Lawrence Livermore National Labora8 tory, Livermore, California. 

9 ‘‘(7) The term ‘nuclear weapons production facil10 ity’ means any of the following: 

11 ‘‘(A) The Kansas City Plant, Kansas City, 

12 Missouri. 

13 ‘‘(B) The Pantex Plant, Amarillo, Texas. 

14 ‘‘(C) The Y–12 National Security Complex, 

15 Oak Ridge, Tennessee. 

16 ‘‘(D) The Savannah River Site, Aiken, 

17 South Carolina. 

18 ‘‘(E) The Nevada National Security Site, 

19 Nevada. 

20 ‘‘(F) Any facility of the Department of En21 ergy that the Secretary of Energy, in consulta22 tion with the Administrator and the Congress, 

23 determines to be consistent with the mission of 

24 the Administration. 

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1 ‘‘(8) The term ‘Restricted Data’ has the meaning 

2 given such term in section 11 y. of the Atomic Energy 

3 Act of 1954 (42 U.S.C. 2014(y)).’’. 

4 (2) CLERICAL AMENDMENT.—The table of con5 tents at the beginning of the Atomic Energy Defense 

6 Act is amended by striking the item relating to sec7 tion 4002 and inserting the following new item: 

‘‘Sec. 4002. Definitions.’’. 

8 (b) STOCKPILE STEWARDSHIP.—Section 

9 4201(b)(5)(E) of the Atomic Energy Defense Act (50 U.S.C. 

10 2521(b)(5)(E)) is amended by striking ‘‘(as defined in sec11 tion 3281 of the National Nuclear Security Administration 

12 Act (50 U.S.C. 2471))’’. 

13 (c) ANNUAL ASSESSMENTS.—Section 4205 of the 

14 Atomic Energy Defense Act (50 U.S.C. 2525) is amended 

15 by striking subsection (i). 

16 (d) TESTING OF NUCLEAR WEAPONS.— 

17 (1) IN GENERAL.—Section 4210 of the Atomic 

18 Energy Defense Act (50 U.S.C. 2530) is amended to 

19 read as follows: 

20 ‘‘SEC. 4210. TESTING OF NUCLEAR WEAPONS. 

21 ‘‘(a) UNDERGROUND TESTING.—No underground test 

22 of nuclear weapons may be conducted by the United States 

23 after September 30, 1996, unless a foreign state conducts 

24 a nuclear test after this date, at which time the prohibition 

25 on United States nuclear testing is lifted. 

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1 ‘‘(b) ATMOSPHERIC TESTING.—None of the funds ap2 propriated pursuant to the National Defense Authorization 

3 Act for Fiscal Year 1994 or any other Act for any fiscal 

4 year may be available to maintain the capability of the 

5 United States to conduct atmospheric testing of a nuclear 

6 weapon.’’. 

7 (2) CLERICAL AMENDMENT.—The table of con8 tents at the beginning of the Atomic Energy Defense 

9 Act is amended by striking the items relating to sec10 tions 4210 and 4211 and inserting the following new 

11 item: 

‘‘Sec. 4210. Testing of nuclear weapons.’’. 

12 (3) CONFORMING AMENDMENT.—Section 4211 of 

13 the Atomic Energy Defense Act (50 U.S.C. 2531) is 

14 repealed. 

15 (e) MANUFACTURING INFRASTRUCTURE.—Section 

16 4212 of the Atomic Energy Defense Act (50 U.S.C. 2532) 

17 is amended by striking subsections (d) and (e). 

18 (f) CRITICAL DIFFICULTIES REPORT.— 

19 (1) IN GENERAL.—Section 4213 of the Atomic 

20 Energy Defense Act (50 U.S.C. 2533) is amended— 

21 (A) in the heading, by striking ‘‘NUCLEAR

22 WEAPONS LABORATORIES AND NUCLEAR

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1 TORIES AND NUCLEAR WEAPONS PRODUC2 TION FACILITIES’’; 

3 (B) in subsection (a), by striking ‘‘Assistant 

4 Secretary of Energy for Defense Programs’’ and 

5 inserting ‘‘Administrator’’; 

6 (C) by striking ‘‘Assistant Secretary’’ each 

7 place it appears and inserting ‘‘Administrator’’; 

8 (D) by striking ‘‘nuclear weapons labora9 tory’’ each place it appears and inserting ‘‘na10 tional security laboratory’’; 

11 (E) by striking ‘‘production plant’’ each 

12 place it appears and inserting ‘‘production facil13 ity’’; and 

14 (F) by striking subsection (e). 

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 4213 and inserting the following new item: 

‘‘Sec. 4213. Reports on critical difficulties at national security laboratories and 

nuclear weapons production facilities.’’. 

19 (g) PLAN FOR TRANSFORMATION.— 

20 (1) IN GENERAL.—Section 4214 of the Atomic 

21 Energy Defense Act (50 U.S.C. 2534) is amended— 

22 (A) by striking subsections (b) and (d); and 

23 (B) by redesignating subsection (c) as sub24 section (b). 

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1 (2) CLERICAL AMENDMENT.—The table of con2 tents at the beginning of the Atomic Energy Defense 

3 Act is amended by inserting after the item relating to 

4 section 4213 the following new item: 

‘‘Sec. 4214. Plan for transformation of national nuclear security administration 

nuclear weapons complex.’’. 

5 (h) TRITIUM PRODUCTION PROGRAM.—Section 4231 of 

6 the Atomic Energy Defense Act (50 U.S.C. 2541) is amend7 ed to read as follows: 

8 ‘‘SEC. 4231. TRITIUM PRODUCTION PROGRAM. 

9 ‘‘(a) ESTABLISHMENT OF PROGRAM.—The Secretary 

10 shall establish a tritium production program that is capable 

11 of meeting the tritium requirements of the United States 

12 for nuclear weapons. In carrying out the tritium produc13 tion program, the Secretary shall assess alternative means 

14 for tritium production, including production through— 

15 ‘‘(1) types of new and existing reactors, includ16 ing multipurpose reactors (such as advanced light 

17 water reactors and gas turbine gas-cooled reactors) 

18 capable of meeting both the tritium production re19 quirements and the plutonium disposition require20 ments of the United States for nuclear weapons; 

21 ‘‘(2) an accelerator; and 

22 ‘‘(3) multipurpose reactor projects carried out by 

23 the private sector and the Government. 

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1 ‘‘(b) LOCATION OF TRITIUM PRODUCTION FACILITY.— 

2 The Secretary shall locate any new tritium production fa3 cility of the Department of Energy at the Savannah River 

4 Site, South Carolina.’’. 

5 (i) TRITIUM RECYCLING FACILITIES.—Section 4234 of 

6 the Atomic Energy Defense Act (50 U.S.C. 2544) is amend7 ed— 

8 (1) by striking ‘‘(a) IN GENERAL.—The Sec9 retary of Energy’’ and inserting ‘‘The Secretary’’; 

10 and 

11 (2) by striking subsection (b). 

12 (j) RESTRICTED DATA.—Section 4501 of the Atomic 

13 Energy Defense Act (50 U.S.C. 2651(a)) is amended by 

14 striking subsection (c). 

15 (k) FOREIGN VISITORS.—Section 4502 of the Atomic 

16 Energy Defense Act (50 U.S.C. 2652) is amended— 

17 (1) by striking ‘‘national laboratory’’ each place 

18 it appears and inserting ‘‘national security labora19 tory’’; and 

20 (2) in subsection (g), by striking paragraphs (3) 

21 and (4). 

22 (l) BACKGROUND INVESTIGATIONS.—Section 4503 of 

23 the Atomic Energy Defense Act (50 U.S.C. 2653) is amend24 ed— 

25 (1) by striking ‘‘(a) IN GENERAL.—’’; 

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1 (2) by striking subsections (b) and (c); and 

2 (3) by striking ‘‘national laboratory’’ and insert3 ing ‘‘national security laboratory’’. 

4 (m) SECURITY FUNCTIONS REPORT.—Section 4506 of 

5 the Atomic Energy Defense Act (50 U.S.C. 2657) is amend6 ed— 

7 (1) by striking ‘‘(a) IN GENERAL.—’’; and 

8 (2) by striking subsection (b). 

9 (n) COUNTERINTELLIGENCE REPORT.—Section 4507 

10 of the Atomic Energy Defense Act (50 U.S.C. 2658) is 

11 amended— 

12 (1) by striking ‘‘national laboratories’’ each 

13 place it appears and inserting ‘‘national security lab14 oratories’’; and 

15 (2) by striking subsection (c). 

16 (o) COMPUTER SECURITY REPORT.—Section 4508 of 

17 the Atomic Energy Defense Act (50 U.S.C. 2659)— 

18 (1) in subsection (a), by striking ‘‘national lab19 oratories’’ and inserting ‘‘national security labora20 tories’’; and 

21 (2) by striking subsections (e) and (f). 

22 (p) DOCUMENT REVIEW.—Section 4521 of the Atomic 

23 Energy Defense Act (50 U.S.C. 2671) is amended by strik24 ing subsection (c). 

25 (q) REPORTS ON LOCAL IMPACT ASSISTANCE.— 

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1 (1) IN GENERAL.—Section 4604(f) of the Atomic 

2 Energy Defense Act (50 U.S.C. 2704(f)) is amended 

3 by adding at the end the following new paragraph: 

4 ‘‘(3) In addition to the plans submitted under para5 graph (1), the Secretary of Energy shall submit to Congress 

6 every six months a report setting forth a description of, and 

7 the amount or value of, all local impact assistance provided 

8 during the preceding six months under subsection (c)(6).’’. 

9 (2) CONFORMING AMENDMENT.—Section 4851 of 

10 the Atomic Energy Defense Act (50 U.S.C. 2821) is 

11 repealed. 

12 (3) 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 4851. 

16 (r) RECRUITMENT AND TRAINING.—Section 4622 of 

17 the Atomic Energy Defense Act (50 U.S.C. 2722) is amend18 ed— 

19 (1) in subsection (b)— 

20 (A) by striking ‘‘(1) As part of’’ and insert21 ing ‘‘As part of’’; and 

22 (B) by striking paragraph (2); and 

23 (2) by striking subsection (d). 

24 (s) FELLOWSHIP PROGRAM.— 

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1 (1) IN GENERAL.—Section 4623 of the Atomic 

2 Energy Defense Act (50 U.S.C. 2723) is amended— 

3 (A) in the heading, by striking ‘‘DEPART4 MENT OF ENERGY NUCLEAR WEAPONS

5 COMPLEX’’ and inserting ‘‘NUCLEAR SECU6 RITY ENTERPRISE’’; 

7 (B) by striking ‘‘Department of Energy nu8 clear weapons complex’’ each place it appears 

9 and inserting ‘‘nuclear security enterprise’’; 

10 (C) in subsection (c), by striking ‘‘fol11 lowing’’ and all that follows through the period 

12 at the end and inserting ‘‘national security lab13 oratories and nuclear weapon production facili14 ties.’’; and 

15 (D) in subsection (f)(2), by striking ‘‘the 

16 Department of Energy for’’ and inserting ‘‘the 

17 nuclear security enterprise for’’. 

18 (2) CLERICAL AMENDMENT.—The table of con19 tents at the beginning of the Atomic Energy Defense 

20 Act is amended by striking the item relating to sec21 tion 4623 and inserting the following new item: 

‘‘Sec. 4623. Fellowship program for development of skills critical to the nuclear 

security enterprise.’’. 

22 (t) COST OVERRUNS.—Section 4713(a)(1)(A) of the 

23 Atomic Energy Defense Act (50 U.S.C. 2753(a)(1)(A)) is 

24 amended— 

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1 (1) by striking ‘‘for Nuclear Security’’; and 

2 (2) by striking ‘‘National Nuclear Security’’. 

3 (u) BUDGET REQUEST.— 

4 (1) IN GENERAL.—Section 4731 of the Atomic 

5 Energy Defense Act (50 U.S.C. 2771) is repealed. 

6 (2) CLERICAL AMENDMENT.—The table of con7 tents at the beginning of the Atomic Energy Defense 

8 Act is amended by striking the item relating to sec9 tion 4731. 

10 (v) CONTRACTOR BONUSES.—Section 4802 of the 

11 Atomic Energy Defense Act (50 U.S.C. 2782) is amended— 

12 (2) by striking subsection (b); and 

13 (3) by redesignating subsections (c) and (d) as 

14 subsections (b) and (c), respectively. 

15 (w) FUNDS FOR RESEARCH AND DEVELOPMENT.—Sec16 tion 4812 of the Atomic Energy Defense Act (50 U.S.C. 

17 2792) is amended— 

18 (1) by striking subsections (b) through (d); and 

19 (2) by redesignating subsection (e) as subsection 

20 (b). 

21 (x) TECHNOLOGY PARTNERSHIPS.—Section 4813(c) of 

22 the Atomic Energy Defense Act (50 U.S.C. 2794(c)) is 

23 amended by striking paragraph (5). 

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1 (y) UNIVERSITY COLLABORATION.—Section 4814 of 

2 the Atomic Energy Defense Act (50 U.S.C. 2795) is amend3 ed by striking subsection (c). 

4 (z) ENGINEERING AND MANUFACTURING RESEARCH.— 

5 Section 4832 of the Atomic Energy Defense Act (50 U.S.C. 

6 2812) is amended by striking subsections (c) through (e). 

7 (aa) PILOT PROGRAM REPORT.—Section 4833 of the 

8 Atomic Energy Defense Act (50 U.S.C. 2813) is amended 

9 by striking subsection (e). 

10 (bb) TECHNICAL AMENDMENTS.—The Atomic Energy 

11 Defense Act (50 U.S.C. 2501 et seq.) is amended as follows: 

12 (1) By striking ‘‘Nevada Test Site’’ each place it 

13 appears and inserting ‘‘Nevada National Security 

14 Site’’. 

15 (2) By striking ‘‘Director of Central Intel16 ligence’’ each place it appears and inserting ‘‘Director 

17 of National Intelligence’’. 

18 SEC. 3132. IMPROVEMENTS TO THE NATIONAL NUCLEAR SE19 CURITY ADMINISTRATION ACT. 

20 (a) NUCLEAR SECURITY ENTERPRISE REFERENCE.— 

21 (1) FUTURE-YEARS NUCLEAR SECURITY PRO22 GRAM.—Section 3253 of the National Nuclear Secu23 rity Administration Act (50 U.S.C. 2453) is amended 

24 by striking ‘‘nuclear weapons complex’’ each place it 

25 appears and inserting ‘‘nuclear security enterprise’’. 

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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 paragraph 

8 (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 Na20 tional Nuclear Security Administration Act (50 

21 U.S.C. 2481) is amended to read as follows: 

22 ‘‘SEC. 3291. TRANSFER OF FUNCTIONS. 

23 ‘‘(a) AUTHORITY TO TRANSFER FUNCTIONS.—The Sec24 retary of Energy may transfer to the Administrator any 

25 facility, mission, or function of the Department of Energy 

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1 that the Secretary, in consultation with the Administrator 

2 and Congress, determines to be consistent with the mission 

3 of the Administration. 

4 ‘‘(b) ENVIRONMENTAL REMEDIATION AND WASTE

5 MANAGEMENT ACTIVITIES.—In the case of any environ6 mental remediation and waste management activity of any 

7 element of the Administration, the Secretary of Energy may 

8 determine to transfer responsibility for that activity to an9 other element of the Department of Energy. 

10 ‘‘(c) TRANSFER OF FUNDS.—(1) Any balance of appro11 priations that the Secretary of Energy determines is avail12 able and needed to finance or discharge a function, power, 

13 or duty or an activity that is transferred to the Administra14 tion shall be transferred to the Administration and used 

15 for any purpose for which those appropriations were origi16 nally available. Balances of appropriations so transferred 

17 shall— 

18 ‘‘(A) be credited to any applicable appropriation 

19 account of the Administration; or 

20 ‘‘(B) be credited to a new account that may be 

21 established on the books of the Department of the 

22 Treasury; 

23 and shall be merged with the funds already credited 

24 to that account and accounted for as one fund. 

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1 ‘‘(2) Balances of appropriations credited to an account 

2 under paragraph (1)(A) are subject only to such limitations 

3 as are specifically applicable to that account. Balances of 

4 appropriations credited to an account under paragraph 

5 (1)(B) are subject only to such limitations as are applicable 

6 to the appropriations from which they are transferred. 

7 ‘‘(d) PERSONNEL.—(1) With respect to any function, 

8 power, or duty or activity of the Department of Energy that 

9 is transferred to the Administration, those employees of the 

10 element of the Department of Energy from which the trans11 fer is made that the Secretary of Energy determines are 

12 needed to perform that function, power, or duty, or for that 

13 activity, as the case may be, shall be transferred to the Ad14 ministration. 

15 ‘‘(2) The authorized strength in civilian employees of 

16 any element of the Department of Energy from which em17 ployees are transferred under this section is reduced by the 

18 number of employees so transferred.’’. 

19 (B) CLERICAL AMENDMENT.—The table of 

20 contents at the beginning of the National Nuclear 

21 Security Administration Act is amended by 

22 striking the item relating to section 3291 and in23 serting the following new item: 

‘‘Sec. 3291. Transfer of Functions.’’. 

24 (2) APPLICABILITY OF EXISTING LAWS AND REG25 ULATIONS.—Section 3296 of the National Nuclear Semstockstill on DSK4VPTVN1PROD with BILLS

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1 curity Administration Act (50 U.S.C. 2484) is 

2 amended to read as follows: 

3 ‘‘SEC. 3296. APPLICABILITY OF PREEXISTING LAWS AND 

4 REGULATIONS. 

5 ‘‘With respect to any facility, mission, or function of 

6 the Department of Energy that the Secretary of Energy 

7 transfers to the Administrator under section 3291, unless 

8 otherwise provided in this title, all provisions of law and 

9 regulations in effect immediately before the date of the 

10 transfer that are applicable to such facility, mission, or 

11 functions shall continue to apply to the corresponding func12 tions of the Administration.’’. 

13 (3) RULE OF CONSTRUCTION.—Nothing in sec14 tion 3291 of the National Nuclear Security Adminis15 tration Act (50 U.S.C. 2481), as amended by para16 graph (1), may be construed to affect any function or 

17 activity transferred by the Secretary of Energy to the 

18 Administrator for Nuclear Security before the date of 

19 the enactment of this Act. 

20 (c) REPEAL OF EXPIRED PROVISIONS.— 

21 (1) IN GENERAL.—The following sections of the 

22 National Nuclear Security Administration Act (50 

23 U.S.C. 2401 et seq.) are repealed: 

24 (A) Section 3242 (50 U.S.C. 2442). 

25 (B) Section 3292 (50 U.S.C. 2482). 

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1 (C) Section 3295 (50 U.S.C. 2483). 

2 (D) Section 3297 (50 U.S.C. 2401 note). 

3 (2) CLERICAL AMENDMENTS.—The table of con4 tents at the beginning of the National Nuclear Secu5 rity Administration Act is amended by striking the 

6 item relating to sections 3242, 3292, 3295, and 3297. 

7 (d) TECHNICAL AMENDMENTS TO THE NNSA ACT.— 

8 The National Nuclear Security Administration Act (50 

9 U.S.C. 2401 et seq.) is amended as follows: 

10 (1) In section 3212(a)(2) (50 U.S.C. 2402), by 

11 striking ‘‘as added by section 3202 of this Act,’’. 

12 (2) In section 3253(b)(3) (50 U.S.C. 2453(b)(3)), 

13 by striking ‘‘section 3158 of the Strom Thurmond Na14 tional Defense Authorization Act for Fiscal Year 1999 

15 (42 U.S.C. 2121 note)’’ and inserting ‘‘section 

16 4202(a) of the Atomic Energy Defense Act (50 U.S.C. 

17 2522(a))’’. 

18 (3) In section 3281(2) (50 U.S.C. 2471(2))— 

19 (A) in subparagraph (C), by striking ‘‘Y–12 

20 Plant’’ and inserting ‘‘Y–12 National Security 

21 Complex’’; and 

22 (B) in subparagraph (D), by striking ‘‘trit23 ium operations facilities at the’’. 

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1 (4) By striking ‘‘Nevada Test Site’’ each place it 

2 appears and inserting ‘‘Nevada National Security 

3 Site’’. 

4 (e) TECHNICAL AMENDMENT TO THE DOE ORGANIZA5 TION ACT.—Section 643 of the Department of Energy Orga6 nization Act (42 U.S.C. 7253) is amended by redesignating 

7 the second subsection (b) as subsection (c). 

8 SEC. 3133. CLARIFICATION OF THE ROLE OF THE ADMINIS9 TRATOR FOR NUCLEAR SECURITY. 

10 (a) ROLE UNDER NNSA ACT.— 

11 (1) FUNCTION.—Section 3212 of the National 

12 Nuclear Security Administration Act (50 U.S.C. 

13 2402(b)) is amended— 

14 (A) in subsection (b), by striking ‘‘all pro15 grams and activities of the Administration’’ and 

16 inserting ‘‘all programs, policies, regulations, 

17 and rules of the Administration’’; and 

18 (B) in subsection (d), by striking ‘‘, unless 

19 disapproved by the Secretary of Energy.’’ and 

20 inserting ‘‘to carry out the mission and func21 tions of the Administration, except as provided 

22 by section 3219.’’. 

23 (2) ROLE OF THE SECRETARY OF ENERGY.— 

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1 (A) IN GENERAL.—Section 3219 of the Na2 tional Nuclear Security Administration Act (50 

3 U.S.C. 2409) is amended to read as follows: 

4 ‘‘SEC. 3219. SCOPE OF AUTHORITY OF SECRETARY OF EN5 ERGY REGARDING THE ADMINISTRATION. 

6 ‘‘(a) IN GENERAL.—(1) The Secretary of Energy may 

7 disapprove any action, policy, regulation, or rule of the Ad8 ministrator if— 

9 ‘‘(A) the Secretary submits to the congressional 

10 defense committees justification for such disapproval; 

11 and 

12 ‘‘(B) a period of 15 days has elapsed following 

13 the date on which such justification was submitted. 

14 ‘‘(2) Nothing in this title may be construed to provide 

15 authority to the Secretary of Energy to administer, enforce, 

16 or oversee the activities under this title except— 

17 ‘‘(A) as provided by paragraph (1); or 

18 ‘‘(B) to the extent otherwise specifically provided 

19 by law. 

20 ‘‘(3) Except as provided by this section, the Adminis21 trator shall have complete authority to establish and con22 duct oversight of policies, activities, and procedures of the 

23 Administration without direction or oversight by the Sec24 retary of Energy. 

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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 the 

5 authority granted by section 643 of the Department of En6 ergy Organization Act (42 U.S.C. 7253) or any other provi7 sion of law, the Secretary of Energy may not establish, abol8 ish, alter, consolidate, or discontinue any organizational 

9 unit or component, or transfer any function, of the Admin10 istration, except as authorized by section 3291.’’. 

11 (B) CLERICAL AMENDMENT.—The table of 

12 contents at the beginning of the National Nuclear 

13 Security Administration Act is amended by 

14 striking the item relating to section 3219 and in15 serting the following new item: 

‘‘Sec. 3219. Scope of Authority of Secretary of Energy regarding the Administration.’’. 

16 (C) DEPARTMENT OF ENERGY ORGANIZA17 TION ACT.—Section 202(c)(3) of the Department 

18 of Energy Organization Act (42 U.S.C. 

19 7132(c)(3)) is amended to read as follows: 

20 ‘‘(3) The Under Secretary for Nuclear Security shall 

21 serve as the Administrator for Nuclear Security under sec22 tion 3212 of the National Nuclear Security Administration 

23 Act (50 U.S.C. 2402). In carrying out the functions of the 

24 Administrator, the Under Secretary shall be subject to the 

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1 authority of the Secretary of Energy in accordance with 

2 section 3219 of such Act (50 U.S.C. 2409).’’. 

3 (3) STATUS OF ADMINISTRATION AND CON4 TRACTOR PERSONNEL.—Section 3220 of the National 

5 Nuclear Security Administration Act (50 U.S.C. 

6 2410) is amended— 

7 (A) in subsection (a)— 

8 (i) in paragraph (1)— 

9 (I) by striking subparagraph (A); 

10 and 

11 (II) by redesignating subpara12 graph (B) and (C) as subparagraph 

13 (A) and (B), respectively; 

14 (ii) in paragraph (2), by striking ‘‘any 

15 other officer, employee, or agent of the De16 partment of Energy’’ and inserting ‘‘any of17 ficer, employee, or agent of the Department 

18 of Energy, except as provided by section 

19 3219’’; and 

20 (B) in subsection (b), by striking ‘‘except 

21 for’’ and all that follows through the period and 

22 inserting ‘‘except as provided by section 3219.’’. 

23 (4) OFFICE OF DEFENSE NUCLEAR SECURITY.— 

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1 ministration Act (50 U.S.C. 2422) is amended to 

2 read as follows: 

3 ‘‘SEC. 3232. OFFICE OF DEFENSE NUCLEAR SECURITY. 

4 ‘‘(a) ESTABLISHMENT.—There is within the Adminis5 tration an Office of Defense Nuclear Security, headed by 

6 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 development 

13 and implementation of security programs and policies for 

14 the Administration, including the protection, control, and 

15 accounting of materials, and for the physical and cyber se16 curity for all facilities of the Administration.’’. 

17 (5) COUNTERINTELLIGENCE PROGRAMS.—Section 

18 3233 of the National Nuclear Security Administra19 tion Act (50 U.S.C. 2423) is amended in each of sub20 sections (a) and (b) by striking ‘‘The Secretary of En21 ergy shall’’ and inserting ‘‘The Secretary of Energy, 

22 in coordination with the Administrator, shall’’. 

23 (6) BUDGET TREATMENT.—Section 3251(a) of 

24 the National Nuclear Security Administration Act 

25 (50 U.S.C. 2451(a)) is amended by striking ‘‘within 

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1 the other amounts requested for the Department of 

2 Energy’’ and inserting ‘‘from the amounts requested 

3 for any other agency, including the Department of 

4 Energy’’. 

5 (7) FUTURE-YEARS NUCLEAR SECURITY PRO6 GRAM.—Section 3253(b)(6) of the National Nuclear 

7 Security Administration Act (50 U.S.C. 2453(b)(6)) 

8 is amended by striking ‘‘, developed in consultation 

9 with the Director of the Office of Health, Safety, and 

10 Security of the Department of Energy,’’. 

11 (b) ROLE UNDER THE AEDA.— 

12 (1) STOCKPILE STEWARDSHIP.—Section 4201(a) 

13 of the Atomic Energy Defense Act (50 U.S.C. 2521(a)) 

14 is amended by striking ‘‘The Secretary of Energy, 

15 acting through the Administrator for Nuclear Secu16 rity,’’ and inserting ‘‘The Administrator’’. 

17 (2) REPORT ON STOCKPILE STEWARDSHIP.—Sec18 tion 4202 of the Atomic Energy Defense Act (50 

19 U.S.C. 2522) is amended— 

20 (A) in subsection (a)— 

21 (i) by striking ‘‘The Secretary of En22 ergy’’ and inserting ‘‘The Administrator’’; 

23 and 

24 (ii) by striking ‘‘Department of En25 ergy’’ and inserting ‘‘Administration’’; and 

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1 (B) in subsection (b), by striking ‘‘The Sec2 retary of Energy’’ and inserting ‘‘The Adminis3 trator’’. 

4 (3) STOCKPILE MANAGEMENT.—Section 4204 of 

5 the Atomic Energy Defense Act (50 U.S.C. 2524) is 

6 amended— 

7 (A) in subsection (a), by striking ‘‘The Sec8 retary of Energy, acting through the Adminis9 trator for Nuclear Security and’’ and inserting 

10 ‘‘The Administrator,’’; and 

11 (B) in subsection (b), by striking ‘‘Secretary 

12 of Energy’’ and inserting ‘‘Administrator’’ 

13 (4) ANNUAL ASSESSMENTS.—Section 4205(h) of 

14 the Atomic Energy Defense Act (50 U.S.C. 2525(h)) 

15 is amended to read as follows: 

16 ‘‘(h) SECRETARY CONCERNED DEFINED.—In this sec17 tion, the term ‘Secretary concerned’ means— 

18 ‘‘(1) the Secretary of Energy, with respect to 

19 matters concerning the Administration; and 

20 ‘‘(2) the Secretary of Defense, with respect to 

21 matters concerning the Department of Defense.’’. 

22 (5) NUCLEAR TEST BAN READINESS PROGRAM.— 

23 Section 4207 of the Atomic Energy Defense Act (50 

24 U.S.C. 2527) is amended— 

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1 (A) in subsection (b), by striking ‘‘Secretary 

2 of Energy’’ and inserting ‘‘Administrator’’; and 

3 (B) in subsection (d), by striking ‘‘Sec4 retary of Energy’’ and inserting ‘‘Adminis5 trator’’. 

6 (6) SPECIFIC REQUEST REQUIREMENT.—Section 

7 4209 of the Atomic Energy Defense Act (50 U.S.C. 

8 2529) is amended— 

9 (A) in subsection (a)(1)— 

10 (i) by striking ‘‘ after fiscal year 2002 

11 in which the Secretary of Energy’’ and in12 serting ‘‘in which the Administrator’’; and 

13 (ii) by striking ‘‘the Secretary shall’’ 

14 and inserting ‘‘the Administrator shall’’; 

15 and 

16 (B) in subsection (b), by striking ‘‘Secretary 

17 shall’’ and inserting ‘‘Administrator shall’’. 

18 (7) MANUFACTURING INFRASTRUCTURE.—Sec19 tion 4212(a)(1) of the Atomic Energy Defense Act (50 

20 U.S.C. 2532(a)(1)) is amended by striking ‘‘Secretary 

21 of Energy’’ and inserting ‘‘Administrator’’. 

22 (8) PLAN FOR TRANSFORMATION.—Section 4214 

23 of the Atomic Energy Defense Act (50 U.S.C. 2534), 

24 as amended by section 3131(g)(1), is amended by 

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1 striking ‘‘Secretary of Energy’’ each place it appears 

2 and inserting ‘‘Administrator’’. 

3 (9) NUCLEAR MATERIALS PROTECTION, CONTROL, 

4 AND ACCOUNTING.—Section 4303(a) of the Atomic 

5 Energy Defense Act (50 U.S.C. 2563(a)) is amend6 ed— 

7 (A) by striking ‘‘Secretary of Energy’’ and 

8 inserting ‘‘Administrator’’; and 

9 (B) by striking ‘‘Department of Energy’’ 

10 and inserting ‘‘Administration’’. 

11 (10) TRITIUM PRODUCTION PROGRAM.—Section 

12 4231 of the Atomic Energy Defense Act (50 U.S.C. 

13 2541), as amended by section 3131(h), is amended— 

14 (A) by striking ‘‘Secretary’’ each place it 

15 appears and inserting ‘‘Administrator’’; and 

16 (B) in subsection (b), by striking ‘‘Depart17 ment of Energy’’ and inserting ‘‘Administra18 tion’’. 

19 (11) TRITIUM RECYCLING FACILITIES.—Section 

20 4234 of the Atomic Energy Defense Act (50 U.S.C. 

21 2544), as amended by section 3131(i), is amended by 

22 striking ‘‘Secretary’’ and inserting ‘‘Administrator’’. 

23 (12) CERTAIN FISSILE MATERIALS PROGRAM.— 

24 Section 4305 of the Atomic Energy Defense Act (50 

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1 U.S.C. 2565) is amended by striking ‘‘Secretary of 

2 Energy’’ and inserting ‘‘Administrator’’. 

3 (13) FISSILE MATERIALS MANAGEMENT PLAN.— 

4 Section 4403(a)(1) of the Atomic Energy Defense Act 

5 (50 U.S.C. 2583(a)(1)) is amended by striking ‘‘the 

6 Office of Defense Programs’’ and inserting ‘‘the Ad7 ministration’’. 

8 (14) RESTRICTED DATA.—Section 4501(a) of the 

9 Atomic Energy Defense Act (50 U.S.C. 2651(a)) is 

10 amended by striking ‘‘The Secretary of Energy’’ and 

11 inserting ‘‘The Administrator’’. 

12 (16) BACKGROUND INVESTIGATIONS.—Section 

13 4503 of the Atomic Energy Defense Act (50 U.S.C. 

14 2653), as amended by section 3131(l), is amended by 

15 striking ‘‘The Secretary of Energy’’ and inserting 

16 ‘‘The Administrator’’. 

17 (17) COUNTERINTELLIGENCE FAILURES.—Sec18 tion 4505 of the Atomic Energy Defense Act (50 

19 U.S.C. 2656) is amended— 

20 (A) by striking ‘‘Secretary of Energy’’ each 

21 place it appears and inserting ‘‘Administrator’’; 

22 (B) by striking ‘‘Secretary’’ each place it 

23 appears and inserting ‘‘Administrator’’; 

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1 (C) by striking ‘‘Department of Energy’’ 

2 each place it appears and inserting ‘‘Adminis3 tration’’; and 

4 (D) by striking ‘‘Department’’ each place it 

5 appears and inserting ‘‘Administration’’. 

6 (18) SECURITY FUNCTIONS REPORT.—Section 

7 4506 of the Atomic Energy Defense Act (50 U.S.C. 

8 2657), as amended by section 3131(m), is amended by 

9 striking ‘‘the Secretary of Energy’’ and inserting ‘‘the 

10 Administrator’’. 

11 (19) COUNTERINTELLIGENCE REPORT.—Section 

12 4507(a) of the Atomic Energy Defense Act (50 U.S.C. 

13 2658(a)) is amended by striking ‘‘Secretary of En14 ergy’’ and inserting ‘‘Administrator’’. 

15 (20) COMPUTER SECURITY REPORT.—Section 

16 4508 of the Atomic Energy Defense Act (50 U.S.C. 

17 2659) is amended— 

18 (A) in subsection (c), by striking ‘‘Secretary 

19 of Energy’’ each place it appears and inserting 

20 ‘‘Administrator’’; and 

21 (B) in subsection (d), by striking ‘‘Sec22 retary’’ each place it appears and inserting ‘‘Ad23 ministrator’’. 

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1 (21) DOCUMENT REVIEW.—Section 4521 of the 

2 Atomic Energy Defense Act (50 U.S.C. 2671) is 

3 amended— 

4 (A) in subsection (a)— 

5 (i) by striking ‘‘Secretary of Energy’’ 

6 and inserting ‘‘Administrator’’; 

7 (ii) by striking ‘‘Department of En8 ergy’’ and inserting ‘‘Administration’’; and 

9 (B) in subsection (b), by striking ‘‘Sec10 retary’’ each place it appears and inserting ‘‘Ad11 ministrator’’. 

12 (22) MANAGEMENT TRAINING.— 

13 (A) IN GENERAL.—Section 4621 of the 

14 Atomic Energy Defense Act (50 U.S.C. 2721) is 

15 amended— 

16 (i) in the heading, by inserting ‘‘AND

17 NATIONAL NUCLEAR SECURITY ADMIN18 ISTRATION’’ after ‘‘ENERGY’’; 

19 (ii) in subsection (a)— 

20 (I) by striking ‘‘Secretary of En21 ergy’’ and inserting ‘‘Under Secretary 

22 of Energy for Nuclear Security’’; and 

23 (II) by inserting ‘‘and the Admin24 istration’’ after ‘‘the Department of 

25 Energy’’; and 

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1 (iii) in subsection (b)(1), by inserting 

2 ‘‘and Administration’’ after ‘‘Department of 

3 Energy’’. 

4 (B) CLERICAL AMENDMENT.—The table of 

5 contents at the beginning of the Atomic Energy 

6 Defense Act is amended by striking the item re7 lating to section 4621 and inserting the following 

8 new item: 

‘‘Sec. 4621. Executive management training in the Department of Energy and 

National Nuclear Security Administration.’’. 

9 (23) RECRUITMENT AND TRAINING.—Section 

10 4622 of the Atomic Energy Defense Act (50 U.S.C. 

11 2722) is amended— 

12 (A) in subsection (a), by striking ‘‘the Sec13 retary of Energy’’ and inserting ‘‘the Adminis14 trator’’; and 

15 (B) in subsection (c), by striking ‘‘Sec16 retary’’ and inserting ‘‘Administrator’’. 

17 (24) FELLOWSHIP PROGRAM.—Section 4623 of 

18 the Atomic Energy Defense Act (50 U.S.C. 2723) is 

19 amended— 

20 (A) by striking ‘‘Secretary of Energy’’ each 

21 place it appears and inserting ‘‘Administrator’’; 

22 (B) by striking ‘‘Secretary’’ each place it 

23 appears and inserting ‘‘Administrator;’’; 

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1 (C) in subsection (b)(1), by striking ‘‘De2 partment of Energy’’ and inserting ‘‘Adminis3 tration’’; and 

4 (D) in subsection (e), by striking ‘‘, in con5 sultation with the Assistant Secretary of Energy 

6 for Defense Programs,’’. 

7 (25) TRANSFER OF WEAPONS FUNDS.—Section 

8 4711 of the Atomic Energy Defense Act (50 U.S.C. 

9 2751) is amended— 

10 (A) in subsection (a), by striking ‘‘Secretary 

11 of Energy’’ and inserting ‘‘Administrator’’; 

12 (B) in subsection (d), by striking ‘‘Sec13 retary, acting through the Administrator for Nu14 clear Security,’’ and inserting ‘‘Administrator’’; 

15 and 

16 (C) in subsection (e)— 

17 (i) in paragraph (1)— 

18 (I) by striking ‘‘Department of 

19 Energy’’ and inserting ‘‘Administra20 tion’’; and 

21 (II) by striking ‘‘Department’’ 

22 and inserting ‘‘Administration’’; and 

23 (ii) in paragraph (2), by inserting ‘‘or 

24 the Administration’’ after ‘‘Department of 

25 Energy’’. 

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1 (26) COST OVERRUNS.—Section 4713 of the 

2 Atomic Energy Defense Act (50 U.S.C. 2753) is 

3 amended— 

4 (A) in subsection (a)(2)— 

5 (i) in subparagraph (A)— 

6 (I) by striking ‘‘Secretary of En7 ergy’’ and inserting ‘‘Administrator’’; 

8 and 

9 (II) in clause (ii), by striking 

10 ‘‘Department’’ and inserting ‘‘Admin11 istration’’; and 

12 (ii) in subparagraph (B), by striking 

13 ‘‘Secretary’’ and inserting ‘‘Administrator’’; 

14 and 

15 (B) in subsection (c)(2)(B), by inserting ‘‘or 

16 the Administration’’ after ‘‘Department of En17 ergy’’. 

18 (27) PENALTIES.—Section 4721(a) of the Atomic 

19 Energy Defense Act (50 U.S.C. 2761(a)) is amended 

20 by striking ‘‘the Department of Energy for the Naval 

21 Nuclear Propulsion Program’’ and inserting ‘‘the Ad22 ministration for the Naval Nuclear Reactor Pro23 gram’’. 

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1 (28) RESEARCH AND DEVELOPMENT.—Section 

2 4811 of the Atomic Energy Defense Act (50 U.S.C. 

3 2791) is amended— 

4 (A) in subsection (a), by inserting ‘‘and the 

5 Administration’’ after ‘‘Department of Energy’’; 

6 (B) in subsection (b)— 

7 (i) by striking ‘‘The Secretary’’ and 

8 inserting ‘‘(1) Except as provided by para9 graph (2), the Secretary’’; and 

10 (ii) by adding at the end the following 

11 new paragraph: 

12 ‘‘(2) With respect to the conduct of laboratory-directed 

13 research and development at laboratories of the Administra14 tion, the Administrator shall prescribe regulations for such 

15 conduct and oversee such regulations.’’; and 

16 (C) in subsection (c), by inserting ‘‘or the 

17 Administrator’’ after ‘‘the Secretary’’. 

18 (29) FUNDS FOR RESEARCH AND DEVELOP19 MENT.—Subsection (a)(1) of section 4812 of the 

20 Atomic Energy Defense Act (50 U.S.C. 2792(a)(1)) is 

21 amended— 

22 (A) by striking ‘‘the Department of Energy 

23 in’’ and inserting ‘‘the Administration in’’; 

24 (B) by striking ‘‘under the Department of 

25 Energy’’; and inserting ‘‘under the’’; 

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1 (C) by striking ‘‘any Department of En2 ergy’’ and inserting ‘‘any’’; and 

3 (D) by striking ‘‘mission of the Department 

4 of Energy’’ and inserting ‘‘mission of the Ad5 ministration’’. 

6 SEC. 3134. CONSOLIDATED REPORTING REQUIREMENTS RE7 LATING TO NUCLEAR STOCKPILE STEWARD8 SHIP, MANAGEMENT, AND INFRASTRUCTURE. 

9 (a) CONSOLIDATED PLAN FOR STEWARDSHIP, MAN10 AGEMENT, AND CERTIFICATION OF WARHEADS IN THE NU11 CLEAR WEAPONS STOCKPILE.— 

12 (1) IN GENERAL.—Section 4203 of the Atomic 

13 Energy Defense Act (50 U.S.C. 2523) is amended to 

14 read as follows: 

15 ‘‘SEC. 4203. NUCLEAR WEAPONS STOCKPILE STEWARDSHIP, 

16 MANAGEMENT, AND INFRASTRUCTURE PLAN. 

17 ‘‘(a) PLAN REQUIREMENT.—The Administrator, in 

18 consultation with the Secretary of Defense and other appro19 priate officials of the departments and agencies of the Fed20 eral Government, shall develop and annually update a plan 

21 for sustaining the nuclear weapons stockpile. The plan shall 

22 cover, at a minimum, stockpile stewardship, stockpile man23 agement, stockpile surveillance, program direction, infra24 structure modernization, human capital, and nuclear test 

25 readiness. The plan shall be consistent with the promstockstill on DSK4VPTVN1PROD with BILLS

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1 grammatic and technical requirements of the most recent 

2 annual Nuclear Weapons Stockpile Memorandum. 

3 ‘‘(b) SUBMISSIONS TO CONGRESS.—(1) In accordance 

4 with subsection (c), not later than March 15 of each even5 numbered year, the Administrator shall submit to the con6 gressional defense committees a summary of the plan devel7 oped under subsection (a). 

8 ‘‘(2) In accordance with subsection (d), not later than 

9 March 15 of each odd-numbered year, the Administrator 

10 shall submit to the congressional defense committees a de11 tailed report on the plan developed under subsection (a). 

12 ‘‘(3) The summaries and reports required by this sub13 section shall be submitted in unclassified form, but may in14 clude a classified annex. 

15 ‘‘(c) ELEMENTS OF BIENNIAL PLAN SUMMARY.—Each 

16 summary of the plan submitted under subsection (b)(1) 

17 shall include, at a minimum, the following: 

18 ‘‘(1) A summary of the status of the nuclear 

19 weapons stockpile, including the number and age of 

20 warheads (including both active and inactive) for 

21 each warhead type. 

22 ‘‘(2) A summary of the status, plans, budgets, 

23 and schedules for warhead life extension programs 

24 and any other programs to modify, update, or replace 

25 warhead types. 

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1 ‘‘(3) A summary of the methods and information 

2 used to determine that the nuclear weapons stockpile 

3 is safe and reliable, as well as the relationship of 

4 science-based tools to the collection and interpretation 

5 of such information. 

6 ‘‘(4) A summary of the status of the nuclear se7 curity enterprise, including programs and plans for 

8 infrastructure modernization and retention of human 

9 capital, as well as associated budgets and schedules. 

10 ‘‘(5) A summary of the status of achieving the 

11 purposes of the program established under section 

12 4207(b). 

13 ‘‘(6) Identification of any modifications or up14 dates to the plan since the previous summary or de15 tailed report was submitted under subsection (b). 

16 ‘‘(7) Such other information as the Adminis17 trator considers appropriate. 

18 ‘‘(d) ELEMENTS OF BIENNIAL DETAILED REPORT.— 

19 Each detailed report on the plan submitted under subsection 

20 (b)(2) shall include, at a minimum, the following: 

21 ‘‘(1) With respect to stockpile stewardship and 

22 management— 

23 ‘‘(A) the status of the nuclear weapons 

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1 heads (including both active and inactive) for 

2 each warhead type; 

3 ‘‘(B) for each five-year period occurring 

4 during the period beginning on the date of the 

5 report and ending on the date that is 20 years 

6 after the date of the report— 

7 ‘‘(i) the planned number of nuclear 

8 warheads (including active and inactive) 

9 for each warhead type in the nuclear weap10 ons stockpile; and 

11 ‘‘(ii) the past and projected future total 

12 lifecycle cost of each type of nuclear weapon; 

13 ‘‘(C) the status, plans, budgets, and sched14 ules for warhead life extension programs and 

15 any other programs to modify, update, or replace 

16 warhead types; 

17 ‘‘(D) a description of the process by which 

18 the Administrator assesses the lifetimes, and re19 quirements for life extension or replacement, of 

20 the nuclear and non-nuclear components of the 

21 warheads (including active and inactive war22 heads) in the nuclear weapons stockpile; 

23 ‘‘(E) a description of the process used in re24 certifying the safety, security, and reliability of 

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1 each warhead type in the nuclear weapons stock2 pile; 

3 ‘‘(F) any concerns of the Administrator 

4 which would affect the ability of the Adminis5 trator to recertify the safety, security, or reli6 ability of warheads in the nuclear weapons 

7 stockpile (including active and inactive war8 heads); 

9 ‘‘(G) mechanisms to provide for the manu10 facture, maintenance, and modernization of each 

11 warhead type in the nuclear weapons stockpile, 

12 as needed; 

13 ‘‘(H) mechanisms to expedite the collection 

14 of information necessary for carrying out the 

15 stockpile management program required by sec16 tion 4204, including information relating to the 

17 aging of materials and components, new manu18 facturing techniques, and the replacement or sub19 stitution of materials; 

20 ‘‘(I) mechanisms to ensure the appropriate 

21 assignment of roles and missions for each na22 tional security laboratory and nuclear weapons 

23 production facility, including mechanisms for al24 location of workload, mechanisms to ensure the 

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1 tivities, and mechanisms to ensure the retention 

2 of skilled personnel; 

3 ‘‘(J) mechanisms to ensure that each na4 tional security laboratory has full and complete 

5 access to all weapons data to enable a rigorous 

6 peer-review process to support the annual assess7 ment of the condition of the nuclear weapons 

8 stockpile required under section 4205; 

9 ‘‘(K) mechanisms for allocating funds for 

10 activities under the stockpile management pro11 gram required by section 4204, including alloca12 tions of funds by weapon type and facility; and 

13 ‘‘(L) for each of the five fiscal years fol14 lowing the fiscal year in which the report is sub15 mitted, an identification of the funds needed to 

16 carry out the program required under section 

17 4204. 

18 ‘‘(2) With respect to science-based tools— 

19 ‘‘(A) a description of the information need20 ed to determine that the nuclear weapons stock21 pile is safe and reliable; 

22 ‘‘(B) for each science-based tool used to col23 lect information described in subparagraph (A), 

24 the relationship between such tool and such in25 formation and the effectiveness of such tool in 

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1 providing such information based on the criteria 

2 developed pursuant to section 4202(a); and 

3 ‘‘(C) the criteria developed under section 

4 4202(a) (including any updates to such criteria). 

5 ‘‘(3) An assessment of the stockpile stewardship 

6 program under section 4201 by the Administrator, in 

7 consultation with the directors of the national secu8 rity laboratories, which shall set forth— 

9 ‘‘(A) an identification and description of— 

10 ‘‘(i) any key technical challenges to the 

11 stockpile stewardship program; and 

12 ‘‘(ii) the strategies to address such 

13 challenges without the use of nuclear testing; 

14 ‘‘(B) a strategy for using the science-based 

15 tools (including advanced simulation and com16 puting capabilities) of each national security 

17 laboratory to ensure that the nuclear weapons 

18 stockpile is safe, secure, and reliable without the 

19 use of nuclear testing. 

20 ‘‘(C) an assessment of the science-based tools 

21 (including advanced simulation and computing 

22 capabilities) of each national security laboratory 

23 that exist at the time of the assessment compared 

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1 ing the period covered by the future-years nu2 clear security program; and 

3 ‘‘(D) an assessment of the core scientific 

4 and technical competencies required to achieve 

5 the objectives of the stockpile stewardship pro6 gram and other weapons activities and weapons7 related activities of the Administration, includ8 ing— 

9 ‘‘(i) the number of scientists, engineers, 

10 and technicians, by discipline, required to 

11 maintain such competencies; and 

12 ‘‘(ii) a description of any shortage of 

13 such individuals that exists at the time of 

14 the assessment compared with any shortage 

15 expected to exist during the period covered 

16 by the future-years nuclear security pro17 gram. 

18 ‘‘(4) With respect to the nuclear security infra19 structure— 

20 ‘‘(A) a description of the modernization and 

21 refurbishment measures the Administrator deter22 mines necessary to meet the requirements pre23 scribed in— 

24 ‘‘(i) the national security strategy of 

25 the United States as set forth in the most 

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1 recent national security strategy report of 

2 the President under section 108 of the Na3 tional Security Act of 1947 (50 U.S.C. 

4 404a) if such strategy has been submitted as 

5 of the date of the plan; 

6 ‘‘(ii) the most recent quadrennial de7 fense review if such strategy has not been 

8 submitted as of the date of the plan; and 

9 ‘‘(iii) the most recent nuclear posture 

10 review as of the date of the plan; 

11 ‘‘(B) a schedule for implementing the meas12 ures described under subparagraph (A) during 

13 the 10-year period following the date of the plan; 

14 and 

15 ‘‘(C) the estimated levels of annual funds 

16 the Administrator determines necessary to carry 

17 out the measures described under subparagraph 

18 (A), including a discussion of the criteria, evi19 dence, and strategies on which such estimated 

20 levels of annual funds are based. 

21 ‘‘(5) With respect to the nuclear test readiness of 

22 the United States— 

23 ‘‘(A) an estimate of the period of time that 

24 would be necessary for the Administrator to con25 duct an underground test of a nuclear weapon 

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1 once directed by the President to conduct such a 

2 test; 

3 ‘‘(B) a description of the level of test readi4 ness that the Administrator, in consultation with 

5 the Secretary of Defense, determines to be appro6 priate; 

7 ‘‘(C) a list and description of the workforce 

8 skills and capabilities that are essential to car9 rying out an underground nuclear test at the Ne10 vada National Security Site; 

11 ‘‘(D) a list and description of the infra12 structure and physical plants that are essential 

13 to carrying out an underground nuclear test at 

14 the Nevada National Security Site; and 

15 ‘‘(E) an assessment of the readiness status 

16 of the skills and capabilities described in sub17 paragraph (C) and the infrastructure and phys18 ical plants described in subparagraph (D). 

19 ‘‘(6) With respect to the program established 

20 under section 4207(b), a description of the progress 

21 made to the date of the report in achieving the pur22 poses of such program. 

23 ‘‘(7) Identification of any modifications or up24 dates to the plan since the previous summary or de25 tailed report was submitted under subsection (b). 

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1 ‘‘(e) NUCLEAR WEAPONS COUNCIL ASSESSMENT.—(1) 

2 For each detailed report on the plan submitted under sub3 section (b)(2), the Nuclear Weapons Council established by 

4 section 179 of title 10, United States Code, shall conduct 

5 an assessment that includes the following: 

6 ‘‘(A) An analysis of the plan, including— 

7 ‘‘(i) whether the plan supports the require8 ments of the national security strategy of the 

9 United States or the most recent quadrennial de10 fense review, as applicable under subsection 

11 (d)(4)(A), and the Nuclear Posture Review; and 

12 ‘‘(ii) whether the modernization and refur13 bishment measures described under subpara14 graph (A) of paragraph (4) and the schedule de15 scribed under subparagraph (B) of such para16 graph are adequate to support such require17 ments. 

18 ‘‘(B) An analysis of whether the plan adequately 

19 addresses the requirements for infrastructure recapi20 talization of the facilities of the nuclear security en21 terprise. 

22 ‘‘(C) If the Nuclear Weapons Council determines 

23 that the plan does not adequately support moderniza24 tion and refurbishment requirements under subpara25 graph (A) or the nuclear security enterprise facilities 

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1 infrastructure recapitalization requirements under 

2 subparagraph (B), a risk assessment with respect to— 

3 ‘‘(i) supporting the annual certification of 

4 the nuclear weapons stockpile; and 

5 ‘‘(ii) maintaining the long-term safety, se6 curity, and reliability of the nuclear weapons 

7 stockpile. 

8 ‘‘(2) Not later than 180 days after the date on which 

9 the Administrator submits the plan under subsection (b)(2), 

10 the Nuclear Weapons Council shall submit to the congres11 sional defense committees a report detailing the assessment 

12 required under paragraph (1). 

13 ‘‘(f) DEFINITIONS.—In this section: 

14 ‘‘(1) The term ‘budget’, with respect to a fiscal 

15 year, means the budget for that fiscal year that is 

16 submitted to Congress by the President under section 

17 1105(a) of title 31, United States Code. 

18 ‘‘(2) The term ‘future-years nuclear security pro19 gram’ means the program required by section 3253 of 

20 the National Nuclear Security Administration Act 

21 (50 U.S.C. 2453). 

22 ‘‘(3) The term ‘nuclear security budget mate23 rials’, with respect to a fiscal year, means the mate24 rials submitted to Congress by the Administrator for 

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1 the National Nuclear Security Administration in sup2 port of the budget for that fiscal year. 

3 ‘‘(4) The term ‘quadrennial defense review’ 

4 means the review of the defense programs and policies 

5 of the United States that is carried out every four 

6 years under section 118 of title 10, United States 

7 Code. 

8 ‘‘(5) The term ‘weapons activities’ means each 

9 activity within the budget category of weapons activi10 ties in the budget of the National Nuclear Security 

11 Administration. 

12 ‘‘(6) The term ‘weapons-related activities’ means 

13 each activity under the Department of Energy that 

14 involves nuclear weapons, nuclear weapons tech15 nology, or fissile or radioactive materials, including 

16 activities related to— 

17 ‘‘(A) nuclear nonproliferation; 

18 ‘‘(B) nuclear forensics; 

19 ‘‘(C) nuclear intelligence; 

20 ‘‘(D) nuclear safety; and 

21 ‘‘(E) nuclear incident response.’’. 

22 (2) CLERICAL AMENDMENT.—The table of con23 tents for the Atomic Energy Defense Act is amended 

24 by striking the item relating to section 4203 and in25 serting the following new item: 

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‘‘Sec. 4203. Nuclear weapons stockpile stewardship, management, and infrastructure plan.’’. 

1 (b) REPEAL OF REQUIREMENT FOR BIENNIAL REPORT

2 ON STOCKPILE STEWARDSHIP CRITERIA.— 

3 (1) IN GENERAL.—Section 4202 of the Atomic 

4 Energy Defense Act (50 U.S.C. 2522) is amended by 

5 striking subsections (c) and (d). 

6 (2) TECHNICAL AMENDMENT.—The heading of 

7 such section is amended to read as follows: ‘‘STOCK8 PILE STEWARDSHIP CRITERIA’’. 

9 (3) CLERICAL AMENDMENT.—The table of con10 tents for the Atomic Energy Defense Act is amended 

11 by striking the item relating to section 4202 and in12 serting the following new item: 

‘‘Sec. 4202. Stockpile stewardship criteria.’’. 

13 (c) REPEAL OF REQUIREMENT FOR BIENNIAL PLAN ON

14 MODERNIZATION AND REFURBISHMENT OF THE NUCLEAR

15 SECURITY COMPLEX.—Section 4203A of the Atomic Energy 

16 Defense Act (50 U.S.C. 2523A) is repealed. 

17 (d) REPEAL OF REQUIREMENT FOR ANNUAL UPDATE

18 TO STOCKPILE MANAGEMENT PROGRAM PLAN.—Section 

19 4204 of the Atomic Energy Defense Act (50 U.S.C. 2524) 

20 is amended— 

21 (1) by striking subsections (c) and (d); and 

22 (2) by redesignating subsection (e) as subsection 

23 (c). 

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1 (e) NUCLEAR TEST BAN READINESS PROGRAM.—Sec2 tion 4207 of the Atomic Energy Defense Act (50 U.S.C. 

3 2527) is amended by striking subsection (e). 

4 (f) REPEAL OF REQUIREMENT FOR REPORTS ON NU5 CLEAR TEST READINESS.— 

6 (1) AEDA.— 

7 (A) IN GENERAL.—Section 4208 of the 

8 Atomic Energy Defense Act (50 U.S.C. 2528) is 

9 repealed. 

10 (B) CLERICAL AMENDMENT.—The table of 

11 contents for the Atomic Energy Defense Act is 

12 amended by striking the item relating to section 

13 4208. 

14 (2) NDAA FISCAL YEAR 1996.—Section 3152 of 

15 the National Defense Authorization Act for Fiscal 

16 Year 1996 (Public Law 104–106; 110 Stat. 623) is re17 pealed. 

18 SEC. 3135. REPEAL OF CERTAIN REPORTING REQUIRE19 MENTS. 

20 (a) GAO ENVIRONMENTAL MANAGEMENT REPORTS.— 

21 Section 3134 of the National Defense Authorization Act for 

22 Fiscal Year 2010 (Public Law 111–84; 123 Stat. 2713) is 

23 amended— 

24 (1) in subsection (c)— 

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1 (A) in paragraph (1), by striking ‘‘The 

2 Comptroller’’ and all that follows through ‘‘(2),’’ 

3 and inserting ‘‘Beginning on the date on which 

4 the report under subsection (b)(2) is submitted, 

5 the Comptroller General shall conduct a review’’; 

6 (B) by striking paragraph (2); 

7 (C) by redesignating paragraph (3) as 

8 paragraph (2); and 

9 (D) in paragraph (2), as so redesignated, by 

10 striking ‘‘the end of the period described in para11 graph (2)’’ and inserting ‘‘August 30, 2012’’; 

12 and 

13 (2) in subsection (d)— 

14 (A) in paragraph (1), by striking ‘‘sub15 section (c)(3)’’ and inserting ‘‘subsection (c)(2)’’; 

16 and 

17 (B) in paragraph (2), by striking ‘‘90 

18 days’’ and all that follows through ‘‘(c)(3)’’ and 

19 inserting ‘‘April 30, 2016, or the date that is 210 

20 days after the date on which all American Re21 covery and Reinvestment Act funds have been ob22 ligated or expended (or are no longer available 

23 to be obligated or expended), whichever is ear24 lier’’. 

25 (b) WORKFORCE RESTRUCTURING PLAN UPDATES.— 

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1 (1) IN GENERAL.—Section 4604 of the Atomic 

2 Energy Defense Act (50 U.S.C. 2704), as amended by 

3 section 3131(q)(1), is amended— 

4 (A) in subsection (b)(1), by striking ‘‘and 

5 any updates of the plan under subsection (e)’’; 

6 (B) by striking subsection (e); 

7 (C) in subsection (f)— 

8 (i) by striking paragraph (2); and 

9 (ii) by redesignating paragraph (3), as 

10 added by such section 3131(q)(1), as para11 graph (2); and 

12 (D) by redesignating subsections (f) and (g) 

13 as subsections (e) and (f), respectively. 

14 (2) CONFORMING AMENDMENT.—Section 

15 4643(d)(1) of the Atomic Energy Defense Act (50 

16 U.S.C. 2733(d)(1)) is amended by striking ‘‘section 

17 4604(g)’’ and inserting ‘‘section 4604(f)’’. 

18 (c) UNCLASSIFIED CONTROLLED NUCLEAR INFORMA19 TION QUARTERLY REPORT.—Section 148 of the Atomic En20 ergy Act of 1954 (42 U.S.C. 2168) is amended by striking 

21 subsection e. 

22 Subtitle D—Reports 

23 SEC. 3141. NOTIFICATION OF NUCLEAR CRITICALITY AND 

24 NON-NUCLEAR INCIDENTS. 

25 (a) NOTIFICATION.— 

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1 (1) IN GENERAL.—The Atomic Energy Defense 

2 Act (50 U.S.C. 2501 et seq.) is amended by adding 

3 after section 4645, as added by section 3151, the fol4 lowing new section: 

5 ‘‘SEC. 4646. NOTIFICATION OF NUCLEAR CRITICALITY AND 

6 NON-NUCLEAR INCIDENTS. 

7 ‘‘(a) NOTIFICATION.—The Secretary of Energy and the 

8 Administrator, as the case may be, shall submit to the ap9 propriate congressional committees a notification of a nu10 clear criticality incident resulting from a covered program 

11 that results in an injury or fatality or results in the shut12 down, or partial shut-down, of a covered facility by not 

13 later than 15 days after the date of such incident. 

14 ‘‘(b) ELEMENTS OF NOTIFICATION.—Each notification 

15 submitted under subsection (a) shall include the following: 

16 ‘‘(1) A description of the incident, including the 

17 cause of the incident. 

18 ‘‘(2) In the case of a criticality incident, whether 

19 the incident caused a facility, or part of a facility, 

20 to be shut-down. 

21 ‘‘(3) The affect, if any, on the mission of the Ad22 ministration or the Office of Environmental Manage23 ment of the Department of Energy. 

24 ‘‘(4) Any corrective action taken in response to 

25 the incident. 

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1 ‘‘(c) DATABASE.—(1) The Secretary and the Adminis2 trator shall each maintain a record of incidents described 

3 in paragraph (2). 

4 ‘‘(2) An incident described in this paragraph is any 

5 of the following incidents resulting from a covered program: 

6 ‘‘(A) A nuclear criticality incident that results 

7 in an injury or fatality or results in the shut-down, 

8 or partial shut-down, of a covered facility. 

9 ‘‘(B) A non-nuclear incident that results in seri10 ous bodily injury or fatality at a covered facility. 

11 ‘‘(d) COOPERATION.—In carrying out this section, the 

12 Secretary and the Administrator shall ensure that each 

13 management and operating contractor of a covered facility 

14 cooperates in a timely manner. 

15 ‘‘(e) DEFINITIONS.—In this section: 

16 ‘‘(1) The term ‘appropriate congressional com17 mittees’ means— 

18 ‘‘(A) the congressional defense committees; 

19 and 

20 ‘‘(B) the Committee on Energy and Com21 merce of the House of Representatives and the 

22 Committee on Energy and Natural Resources of 

23 the Senate. 

24 ‘‘(2) The term ‘covered facility’ means— 

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1 ‘‘(A) a facility of the nuclear security enter2 prise; and 

3 ‘‘(B) a facility conducting activities for the 

4 defense environmental cleanup program of the 

5 Office of Environmental Management of the De6 partment of Energy. 

7 ‘‘(3) The term ‘covered program’ means— 

8 ‘‘(A) programs of the Administration; and 

9 ‘‘(B) defense environmental cleanup pro10 grams of the Office of Environmental Manage11 ment of the Department of Energy.’’. 

12 (2) CLERICAL AMENDMENT.—The table of con13 tents at the beginning of the Atomic Energy Defense 

14 Act is amended by inserting after the item relating to 

15 section 4645 the following new item: 

‘‘Sec. 4646. Notification of nuclear criticality and non-nuclear incidents.’’. 

16 (b) REPORT.— 

17 (1) IN GENERAL.—Not later than 90 days after 

18 the date of the enactment of this Act, the Secretary of 

19 Energy and the Administrator for Nuclear Security 

20 shall each submit to the appropriate congressional 

21 committees a report detailing any incidents described 

22 in paragraph (2) that occurred during the 10-year 

23 period before the date of the report. 

24 (2) INCIDENTS DESCRIBED.—An incident de25 scribed in this paragraph is any of the following incimstockstill on DSK4VPTVN1PROD with BILLS

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1 dents that occurred as a result of programs of the Na2 tional Nuclear Security Administration or defense en3 vironmental cleanup programs of the Office of Envi4 ronmental Management of the Department of Energy: 

5 (A) A nuclear criticality incident that re6 sulted in an injury or fatality or resulted in the 

7 shut-down, or partial shut-down, of a facility of 

8 the nuclear security enterprise or a facility con9 ducting activities for such defense environmental 

10 cleanup programs. 

11 (B) A non-nuclear incident that results in 

12 serious bodily injury or fatality at such a facil13 ity. 

14 (3) APPROPRIATE CONGRESSIONAL COMMIT15 TEES.—In this subsection, the term ‘‘appropriate con16 gressional committees’’ means— 

17 (A) the congressional defense committees; 

18 and 

19 (B) the Committee on Energy and Com20 merce of the House of Representatives and the 

21 Committee on Energy and Natural Resources of 

22 the Senate. 

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1 SEC. 3142. REPORTS ON LIFETIME EXTENSION PROGRAMS. 

2 (a) PROTOTYPES.—The Atomic Energy Defense Act 

3 (50 U.S.C. 2501 et seq.) is amended by inserting after sec4 tion 4214 the following new section: 

5 ‘‘SEC. 4215. REPORTS ON LIFETIME EXTENSION PROGRAMS. 

6 ‘‘(a) REPORTS REQUIRED.—Before proceeding beyond 

7 phase 6.2 activities with respect to any lifetime extension 

8 program, the director of the national security laboratory 

9 responsible for such program shall submit to the congres10 sional defense committees a report on the lifetime extension 

11 option selected for such program, including— 

12 ‘‘(1) whether such option selected is refurbish13 ment, reuse, or replacement; and 

14 ‘‘(2) why such option was selected, including an 

15 assessment of the advantages and disadvantages of the 

16 two options not selected. 

17 ‘‘(b) PHASE 6.2 ACTIVITIES DEFINED.—In this sec18 tion, the term ‘phase 6.2 activities’ means, with respect to 

19 a lifetime extension program, the phase 6.2 feasibility study 

20 and option down-select.’’. 

21 (b) CLERICAL AMENDMENT.—The table of contents at 

22 the beginning of the Atomic Energy Defense Act is amended 

23 by inserting after the item relating to section 4214 the fol24 lowing new item: 

‘‘Sec. 4215. Reports on lifetime extension programs.’’. 

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1 SEC. 3143. NATIONAL ACADEMY OF SCIENCES STUDY ON 

2 PEER REVIEW AND DESIGN COMPETITION RE3 LATED TO NUCLEAR WEAPONS. 

4 (a) STUDY.—Not later than 60 days after the date of 

5 the enactment of this Act, the Administrator for Nuclear 

6 Security shall enter into an agreement with the National 

7 Academy of Sciences to conduct a study of peer review and 

8 design competition related to nuclear weapons. 

9 (b) ELEMENTS.—The study required by subsection (a) 

10 shall include an assessment of— 

11 (1) the quality and effectiveness of peer review of 

12 designs, development plans, engineering and scientific 

13 activities, and priorities related to both nuclear and 

14 non-nuclear aspects of nuclear weapons; 

15 (2) incentives for effective peer review; 

16 (3) the potential effectiveness, efficiency, and cost 

17 of alternative methods of conducting peer review and 

18 design competition related to both nuclear and non19 nuclear aspects of nuclear weapons, as compared to 

20 current methods; 

21 (4) the known instances where current peer re22 view practices and design competition succeeded or 

23 failed to find problems or potential problems; and 

24 (5) such other matters related to peer review and 

25 design competition related to nuclear weapons as the 

26 Administrator considers appropriate. 

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1 (c) COOPERATION AND ACCESS TO INFORMATION AND

2 PERSONNEL.—The Administrator shall ensure that the Na3 tional Academy of Sciences receives full and timely coopera4 tion, including full access to information and personnel, 

5 from the National Nuclear Security Administration and the 

6 management and operating contractors of the Administra7 tion for the purposes of conducting the study under sub8 section (a). 

9 (d) REPORT.— 

10 (1) IN GENERAL.—The National Academy of 

11 Sciences shall submit to the Administrator a report 

12 containing the results of the study conducted under 

13 subsection (a) and any recommendations resulting 

14 from the study. 

15 (2) SUBMITTAL TO CONGRESS.—Not later than 

16 December 15, 2014, the Administrator shall submit to 

17 the Committees on Armed Services of the House of 

18 Representatives and Senate the report submitted 

19 under paragraph (1) and any comments or rec20 ommendations of the Administrator with respect to 

21 the report. 

22 (3) FORM.—The report submitted under para23 graph (1) shall be in unclassified form, but may in24 clude a classified annex. 

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1 SEC. 3144. REPORT ON DEFENSE NUCLEAR NONPROLIFERA2 TION PROGRAMS. 

3 (a) REPORT REQUIRED.— 

4 (1) IN GENERAL.—Not later than March 1 of 

5 each year from 2013 through 2015, the Administrator 

6 for Nuclear Security shall submit to the appropriate 

7 congressional committees a report on the budget, ob8 jectives, and metrics of the defense nuclear non9 proliferation programs of the National Nuclear Secu10 rity Administration. 

11 (2) ELEMENTS.—The report required by para12 graph (1) shall include the following: 

13 (A) An identification and explanation of 

14 uncommitted balances that are more than the ac15 ceptable carryover thresholds, as determined by 

16 the Secretary of Energy, on a program-by-pro17 gram basis. 

18 (B) An identification of foreign countries 

19 that are sharing the cost of implementing defense 

20 nuclear nonproliferation programs, including an 

21 explanation of such cost sharing. 

22 (C) A description of objectives and measure23 ments for each defense nuclear nonproliferation 

24 program. 

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1 clear nonproliferation program activity counters 

2 the threat. 

3 (E) A description and assessment of non4 proliferation activities coordinated with the De5 partment of Defense to maximize efficiency and 

6 avoid redundancies. 

7 (F) A description of how the defense nuclear 

8 nonproliferation programs are prioritized to 

9 meet the most urgent nonproliferation require10 ments. 

11 (b) 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 (c) FORM.—The report required by subsection (a)(1) 

20 shall be submitted in unclassified form, but may include 

21 a classified annex. 

22 SEC. 3145. STUDY ON REUSE OF PLUTONIUM PITS. 

23 (a) STUDY.—Not later than 120 days after the date 

24 of the enactment of this Act, the Administrator for Nuclear 

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1 Security shall submit to the congressional defense commit2 tees a study of plutonium pits, including— 

3 (1) the availability of plutonium pits— 

4 (A) as of the date of the report; and 

5 (B) after such date as a result of the dis6 mantlement of nuclear weapons; and 

7 (2) an assessment of the potential for reusing 

8 plutonium pits in future life extension programs. 

9 (b) MATTERS INCLUDED.—The study submitted under 

10 subsection (a) shall include the following: 

11 (1) The feasibility and practicability of potential 

12 full or partial reuse options with respect to plutonium 

13 pits. 

14 (2) The benefits and risks of reusing plutonium 

15 pits. 

16 (3) The potential costs and cost savings of such 

17 reuse. 

18 (4) The effects of such reuse on the requirements 

19 for plutonium pit manufacturing. 

20 Subtitle E—Other Matters 

21 SEC. 3151. USE OF PROBABILISTIC RISK ASSESSMENT TO 

22 ENSURE NUCLEAR SAFETY. 

23 (a) IN GENERAL.—The Atomic Energy Defense Act (50 

24 U.S.C. 2501 et seq.) is amended by adding after section 

25 4644 the following new section: 

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1 ‘‘SEC. 4645. USE OF PROBABILISTIC RISK ASSESSMENT TO 

2 ENSURE NUCLEAR SAFETY OF FACILITIES OF 

3 THE ADMINISTRATION AND THE OFFICE OF 

4 ENVIRONMENTAL MANAGEMENT. 

5 ‘‘(a) NUCLEAR SAFETY AT NNSA AND DOE FACILI6 TIES.—The Administrator and the Secretary of Energy 

7 shall ensure that the methods for assessing, certifying, and 

8 overseeing nuclear safety at the facilities specified in sub9 section (b) use national and international standards and 

10 nuclear industry best practices, including probabilistic or 

11 quantitative risk assessment if sufficient data exists. 

12 ‘‘(b) FACILITIES SPECIFIED.—Subsection (a) shall 

13 apply— 

14 ‘‘(1) to the Administrator with respect to the na15 tional security laboratories and the nuclear weapons 

16 production facilities; and 

17 ‘‘(2) to the Secretary of Energy with respect to 

18 defense nuclear facilities of the Office of Environ19 mental Management of the Department of Energy.’’. 

20 (b) CLERICAL AMENDMENT.—The table of contents at 

21 the beginning of the Atomic Energy Defense Act is amended 

22 by inserting after the item relating to section 4644 the fol23 lowing new item: 

‘‘Sec. 4645. Use of probabilistic risk assessment to ensure nuclear safety of facilities of the Administration and the Office of Environmental Management.’’. 

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1 SEC. 3152. ADVICE TO PRESIDENT AND CONGRESS REGARD2 ING SAFETY, SECURITY, AND RELIABILITY OF 

3 UNITED STATES NUCLEAR WEAPONS STOCK4 PILE AND NUCLEAR FORCES. 

5 (a) IN GENERAL.—Section 1305 of the National De6 fense Authorization Act for Fiscal Year 1998 (42 U.S.C. 

7 7274p) is— 

8 (1) transferred to the Atomic Energy Defense Act 

9 (50 U.S.C. 2501 et seq.); 

10 (2) inserted after section 4215 of such Act, as 

11 added by section 3142(a); 

12 (3) redesignated as section 4216; and 

13 (4) amended— 

14 (A) by amending subsection (f) to read as 

15 follows: 

16 ‘‘(f) EXPRESSION OF INDIVIDUAL VIEWS.—No indi17 vidual, including representatives of the President, may take 

18 any action against, or otherwise constrain, a director of a 

19 national security laboratory or a nuclear weapons produc20 tion facility, a member of the Joint Nuclear Weapons Coun21 cil, or the Commander of United States Strategic Command 

22 from presenting the professional views of the individual to 

23 the President, the National Security Council, or Congress 

24 regarding— 

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1 ‘‘(1) the safety, security, reliability, or credibility 

2 of the nuclear weapons stockpile and nuclear forces; 

3 or 

4 ‘‘(2) the status of, and plans for, the capabilities 

5 and infrastructure that support and sustain the nu6 clear weapons stockpile and nuclear forces.’’; and 

7 (B) by redesignating subsection (g) as sub8 section (h); and 

9 (C) by inserting after subsection (f) the fol10 lowing new subsection (g): 

11 ‘‘(g) DELIVERY OF CLASSIFIED INFORMATION TO CON12 GRESS.—(1) The directors of the national security labora13 tories, the directors of the nuclear weapons production fa14 cilities, the members of the Joint Nuclear Weapons Council, 

15 and the Commander of the United States Strategic Com16 mand are each authorized to provide directly to Congress 

17 classified information with respect to matters described by 

18 paragraphs (1) or (2) of subsection (f). 

19 ‘‘(2) The Administrator and Secretary of Defense shall 

20 ensure that direct classified mail channels are established 

21 between the national security laboratories, nuclear weapons 

22 production facilities, members of the Joint Nuclear Weap23 ons Council, the United States Strategic Command, and the 

24 congressional defense committees to carry out this sub25 section.’’. 

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1 (b) CONFORMING AMENDMENT.—Section 4215 of the 

2 Atomic Energy Defense Act, as added by subsection (a), is 

3 amended— 

4 (1) by striking ‘‘nuclear weapons laboratories’’ 

5 each place it appears and inserting ‘‘national secu6 rity laboratories’’; 

7 (2) by striking ‘‘nuclear weapons laboratory’’ 

8 each place it appears and inserting ‘‘national secu9 rity laboratory’’; 

10 (3) by striking ‘‘nuclear weapons production 

11 plants’’ each place it appears and inserting ‘‘nuclear 

12 weapons production facilities’’; 

13 (4) by striking ‘‘nuclear weapons production 

14 plant’’ each place it appears and inserting ‘‘nuclear 

15 weapons production facility’’; and 

16 (5) by amending subsection (h), as redesignated 

17 by subsection (a)(4)(B), to read as follows: 

18 ‘‘(h) REPRESENTATIVE OF THE PRESIDENT DE19 FINED.—In this section, the term ‘representative of the 

20 President’ means the following: 

21 ‘‘(1) Any official of the Department of Defense or 

22 the Department of Energy who is appointed by the 

23 President and confirmed by the Senate. 

24 ‘‘(2) Any member or official of the National Se25 curity Council. 

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1 ‘‘(3) Any member or official of the Joint Chiefs 

2 of Staff. 

3 ‘‘(4) Any official of the Office of Management 

4 and Budget.’’. 

5 (c) CLERICAL AMENDMENT.—The table of contents at 

6 the beginning of the Atomic Energy Defense Act is amended 

7 by inserting after the item relating to section 4215 the fol8 lowing new item: 

‘‘Sec. 4216. Advice to President and Congress regarding safety, security, and reliability of United States nuclear weapons stockpile.’’. 

9 SEC. 3153. CLASSIFICATION OF CERTAIN RESTRICTED 

10 DATA. 

11 Section 142 of the Atomic Energy Act of 1954 (42 

12 U.S.C. 2162) is amended— 

13 (1) in subsection d.— 

14 (A) by inserting ‘‘(1)’’ before ‘‘The Commis15 sion’’; and 

16 (B) by adding at the end the following: 

17 ‘‘(2) The Commission may restore to the Restricted 

18 Data category information related to the design of nuclear 

19 weapons (in this subsection referred to as ‘design informa20 tion’) removed under paragraph (1) if the Commission and 

21 the Department of Defense jointly determines that— 

22 ‘‘(A) the programmatic requirements that caused 

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1 stricted Data category are no longer applicable or 

2 have diminished; 

3 ‘‘(B) the design information would be more ap4 propriately protected as Restricted Data; and 

5 ‘‘(C) restoring the design information to the Re6 stricted Data category is in the interest of national 

7 security. 

8 ‘‘(3) In carrying out paragraph (2), design informa9 tion shall be restored to the Restricted Data category in ac10 cordance with regulations implemented pursuant to this 

11 section.’’; and 

12 (2) in subsection e.— 

13 (A) by inserting ‘‘(1)’’ before ‘‘The Commis14 sion’’; 

15 (B) by striking ‘‘Central’’ and inserting 

16 ‘‘National’’; and 

17 (C) by adding at the end the following: 

18 ‘‘(2) The Commission may restore to the Restricted 

19 Data category information related to foreign nuclear pro20 grams (in this subsection referred to as ‘foreign nuclear in21 formation’) removed under paragraph (1) if the Commis22 sion and the Director of National Intelligence jointly deter23 mine that— 

24 ‘‘(A) the programmatic requirements that caused 

25 the foreign nuclear information to be removed from 

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1 the Restricted Data category are no longer applicable 

2 or have diminished; 

3 ‘‘(B) the foreign nuclear information would be 

4 more appropriately protected as Restricted Data; and 

5 ‘‘(C) restoring the foreign nuclear information to 

6 the Restricted Data category is in the interest of na7 tional security. 

8 ‘‘(3) In carrying out paragraph (2), foreign nuclear 

9 information shall be restored to the Restricted Data cat10 egory in accordance with regulations implemented pursu11 ant to this section.’’. 

12 SEC. 3154. INDEPENDENT COST ASSESSMENTS FOR LIFE 

13 EXTENSION PROGRAMS, NEW NUCLEAR FA14 CILITIES, AND OTHER MATTERS. 

15 (a) COST ASSESSMENT.—To inform the decisions 

16 made by the Nuclear Weapons Council established by sec17 tion 179 of title 10, United States Code, the Secretary of 

18 Defense, acting through the Director of Cost Assessment and 

19 Program Evaluation and in coordination with the Admin20 istrator for Nuclear Security, shall assess the cost of options 

21 and alternatives for— 

22 (1) new nuclear weapon life extension programs; 

23 and 

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1 (2) new nuclear facilities within the nuclear se2 curity enterprise that are estimated to cost more than 

3 $500,000,000. 

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

5 on which each assessment conducted under subsection (a) 

6 is completed, the Administrator for Nuclear Security and 

7 the Secretary of Defense shall jointly submit to the congres8 sional defense committees a report containing the results 

9 of such assessment. 

10 (c) FORM.—The report required under subsection (b) 

11 shall be submitted in unclassified form, but may include 

12 a classified annex. 

13 (d) AUTHORITY FOR FURTHER ASSESSMENTS.—Upon 

14 the request of the Administrator for Nuclear Security, the 

15 Secretary of Defense, acting through the Director of Cost 

16 Assessment and Program Evaluation and in consultation 

17 with the Administrator, may conduct a cost assessment of 

18 any initiative of the National Nuclear Security Adminis19 tration that is estimated to cost more than $500,000,000. 

20 SEC. 3155. ASSESSMENT OF NUCLEAR WEAPON PIT PRO21 DUCTION REQUIREMENT. 

22 (a) ASSESSMENT.—The Secretary of Defense and the 

23 Secretary of Energy, in coordination with the Commander 

24 of the United States Strategic Command, shall jointly as25 sess the annual plutonium pit production requirement needmstockstill on DSK4VPTVN1PROD with BILLS

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1 ed to sustain a safe, secure, and reliable nuclear weapon 

2 arsenal. 

3 (b) REPORTS.— 

4 (1) IN GENERAL.—Not later than 180 days after 

5 the date of the enactment of this Act, the Secretary of 

6 Defense and the Secretary of Energy shall jointly sub7 mit to the congressional defense committees a report 

8 regarding the assessment conducted under section (a), 

9 including— 

10 (A) an explanation of the rationale and as11 sumptions that led to the current 50 to 80 pluto12 nium pit production requirement, including the 

13 factors considered in determining such require14 ment; 

15 (B) an analysis of whether there are any 

16 changes to the current 50 to 80 plutonium pit 

17 production requirement, including the reasons 

18 for any such changes; 

19 (C) the implications for national security, 

20 for maintaining the nuclear weapons stockpile 

21 (including the impact on options available for 

22 life extension programs), and for costs of having 

23 pit production capacity at— 

24 (i) 10 to 20 pits per year; 

25 (ii) 20 to 30 pits per year; 

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1 (iii) 30 to 50 pits per year; and 

2 (iv) 50 to 80 pits per year; and 

3 (D) the implications of various pit produc4 tion capacities on the requirements for the nu5 clear weapon hedge or reserve forces of the 

6 United States. 

7 (2) UPDATE.—If the report under paragraph (1) 

8 does not incorporate the results of the Nuclear Posture 

9 Review Implementation Study, the Secretary of De10 fense and the Secretary of Energy, in coordination 

11 with the Commander of the United States Strategic 

12 Command, shall jointly submit to the congressional 

13 defense committees an update to the report under 

14 paragraph (1) that incorporates the results of such 

15 study by not later than 90 days after the date on 

16 which such committees receive such study. 

17 (c) FORM.—The reports under paragraphs (1) and (2) 

18 of subsection (b) shall be submitted in unclassified form, 

19 but may include a classified annex. 

20 SEC. 3156. INTELLECTUAL PROPERTY RELATED TO URA21 NIUM ENRICHMENT. 

22 (a) IN GENERAL.—Subject to subsection (b), of the 

23 funds authorized to be appropriated by this Act or otherwise 

24 made available for fiscal year 2013 for defense nuclear non25 proliferation, the Secretary of Energy may make available 

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1 not more than $150,000,000 for the development and dem2 onstration of domestic national-security-related enrichment 

3 technologies as provided in subsection (c). 

4 (b) CERTIFICATION.—Not later than 30 days before the 

5 date on which the Secretary makes an amount available 

6 under subsection (a), the Secretary shall submit to the con7 gressional defense committees— 

8 (1) written certification that such amount is 

9 needed for national security purposes; and 

10 (2) a description of such purposes. 

11 (c) ADMINISTRATION.—An amount made available by 

12 the Secretary under subsection (a) shall be used to provide, 

13 directly or indirectly, Federal funds, resources, or other as14 sistance for the research, development, or deployment of do15 mestic national-security-related enrichment technology, 

16 subject to the following requirements: 

17 (1) The Secretary shall provide such assistance 

18 using merit selection procedures. 

19 (2) The Secretary may provide such assistance 

20 only if the Secretary executes an agreement with the 

21 recipient (or any affiliate, successor, or assignee) of 

22 such funds, resources, or other assistance (in this sec23 tion referred to as the ‘‘recipient’’) that requires— 

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1 (A) the achievement of specific technical cri2 teria by the recipient by specific dates not later 

3 than June 30, 2014; 

4 (B) that the recipient— 

5 (i) immediately upon execution of the 

6 agreement, grant to the United States for 

7 use by or on behalf of the United States, 

8 through the Secretary, a royalty-free, non9 exclusive license in all enrichment-related 

10 intellectual property and associated tech11 nical data owned, licensed, or otherwise 

12 controlled by the recipient as of the date of 

13 the enactment of this Act, or thereafter de14 veloped or acquired to meet the require15 ments of the agreement; 

16 (ii) amend any existing agreement be17 tween the Secretary and the recipient to 

18 permit the Secretary to use or permit third 

19 parties on behalf of the Secretary to use in20 tellectual property and associated technical 

21 data related to the award of funds, re22 sources, or other assistance royalty-free for 

23 Government purposes, including completing 

24 or operating enrichment technologies and 

25 using them for national defense purposes, 

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1 including providing nuclear material to op2 erate commercial nuclear power reactors for 

3 tritium production; and 

4 (iii) as soon as practicable, deliver to 

5 the Secretary all technical information and 

6 other documentation in its possession or 

7 control necessary to permit the Secretary to 

8 use all intellectual property related to do9 mestic enrichment technologies described in 

10 this subparagraph; and 

11 (C) any other condition or restriction the 

12 Secretary determines necessary to protect the in13 terests of the United States. 

14 (d) CONTROL OF PROPERTY.—If the Secretary deter15 mines that a recipient has not achieved the technical cri16 teria required under an agreement under subsection (c)(2) 

17 by the date specified pursuant to subparagraph (A) of such 

18 subsection, the recipient shall, as soon as practicable, sur19 render custody, possession, and control, or return, as appro20 priate, any real or personal property owned or leased by 

21 the recipient, to the Secretary in connection with the de22 ployment of enrichment technology, along with all capital 

23 improvements, equipment, fixtures, appurtenances, and 

24 other improvements thereto, and any further obligation by 

25 the Secretary under any such lease shall terminate. 

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1 (e) APPLICATION OF REQUIREMENTS.—The limita2 tions and requirements in this section shall apply to funds 

3 authorized to be appropriated by this Act or otherwise made 

4 available for fiscal year 2013 or any fiscal year thereafter 

5 for the development and demonstration of domestic national 

6 security-related enrichment technology. 

7 (f) EXCEPTION.—Subsections (c) and (d) shall not 

8 apply with respect to the issuance of any loan guarantee 

9 pursuant to section 1703 of the Energy Policy Act of 2005 

10 (42 U.S.C. 16513). 

11 SEC. 3157. SENSE OF CONGRESS ON COMPETITION AND 

12 FEES RELATED TO THE MANAGEMENT AND 

13 OPERATING CONTRACTS OF THE NUCLEAR 

14 SECURITY ENTERPRISE. 

15 It is the sense of Congress that— 

16 (1) in the past decade, competition of the man17 agement and operating contracts for the national se18 curity laboratories has resulted in significant in19 creases in fees paid to the contractors—funding that 

20 otherwise could be used to support program and mis21 sion activities of the National Nuclear Security Ad22 ministration; 

23 (2) competition of the management and oper24 ating contracts of the nuclear security enterprise is 

25 an important mechanism to help realize cost savings, 

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1 seek efficiencies, improve performance, and hold con2 tractors accountable; 

3 (3) when the Administrator for Nuclear Security 

4 considers it appropriate to achieve these goals, the 

5 Administrator should conduct competition of these 

6 contracts while recognizing the unique nature of fed7 erally funded research and development centers; and 

8 (4) the Administrator should ensure that fixed 

9 fees and performance-based fees contained in manage10 ment and operating contracts are as low as possible 

11 to maintain a focus on national service while attract12 ing high-quality contractors and achieving the goals 

13 of the competition. 

14 TITLE XXXII—DEFENSE NU15 CLEAR FACILITIES SAFETY 

16 BOARD 

17 SEC. 3201. AUTHORIZATION. 

18 There is authorized to be appropriated for fiscal year 

19 2013 $31,415,000 for the operation of the Defense Nuclear 

20 Facilities Safety Board under chapter 21 of the Atomic En21 ergy Act of 1954 (42 U.S.C. 2286 et seq.). 

22 SEC. 3202. IMPROVEMENTS TO THE DEFENSE NUCLEAR FA23 CILITIES SAFETY BOARD. 

24 (a) ESTABLISHMENT.—Section 311 of the Atomic En25 ergy Act of 1954 (42 U.S.C. 2286) is amended— 

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1 (1) in subsection (b)— 

2 (A) in paragraph (3), by striking ‘‘Energy 

3 or any contractor of the Department of Energy’’ 

4 and inserting ‘‘Energy, the National Nuclear Se5 curity Administration, or any contractor of the 

6 Department or Administration’’; and 

7 (B) by striking paragraph (4); 

8 (2) in subsection (c)— 

9 (A) in the heading, by striking ‘‘AND VICE

10 CHAIRMAN’’ and inserting ‘‘, VICE CHAIRMAN, 

11 AND MEMBERS’’; 

12 (B) in paragraph (2), by striking ‘‘The 

13 Chairman’’ and inserting ‘‘In accordance with 

14 paragraphs (5) and (6), the Chairman’’; and 

15 (C) by adding at the end the following new 

16 paragraphs: 

17 ‘‘(5) Each member of the Board, including the Chair18 man and Vice Chairman, shall— 

19 ‘‘(A) have equal responsibility and authority in 

20 establishing decisions and determining actions of the 

21 Board regarding recommendations, budgets, senior 

22 staff, hearings and witnesses, investigations, sub23 poenas, and setting policies and regulations governing 

24 operations of the Board; 

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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 shall 

20 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.— 

24 (1) IN GENERAL.—Section 312 of the Atomic En25 ergy Act of 1954 (42 U.S.C. 2286a) is amended— 

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1 (A) in the heading, by inserting ‘‘MISSION

2 AND’’ before ‘‘FUNCTIONS’’; 

3 (B) by redesignating subsections (a) and (b) 

4 as subsections (b) and (c), respectively; 

5 (C) by inserting before subsection (b), as so 

6 redesignated, the following new subsection (a): 

7 ‘‘(a) MISSION.—The mission of the Board shall be to 

8 provide independent analysis, advice, and recommenda9 tions to the Secretary of Energy to ensure that— 

10 ‘‘(1) risks to public health and safety at the de11 fense nuclear facilities of the Department of Energy 

12 are as low as reasonably practicable; and 

13 ‘‘(2) public health and safety are adequately pro14 tected.’’; 

15 (D) in subsection (b), as so redesignated— 

16 (i) in the heading, by striking ‘‘IN

17 GENERAL’’ and inserting ‘‘FUNCTIONS’’; 

18 (ii) in paragraph (1), by inserting 

19 ‘‘risks to public health and safety are as low 

20 as reasonably practicable and’’ after ‘‘to en21 sure that’’; 

22 (iii) in paragraph (4), by striking ‘‘to 

23 ensure adequate protection of public health 

24 and safety’’ each place it appears and in25 serting ‘‘to ensure that risks to public health 

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1 and safety are as low as reasonably prac2 ticable and public health and safety are 

3 adequately protected’’; and 

4 (iv) in paragraph (5)— 

5 (I) by striking ‘‘to ensure ade6 quate protection of public health and 

7 safety’’ and inserting ‘‘to ensure that 

8 risks to public health and safety are as 

9 low as reasonably practicable and pub10 lic health and safety are adequately 

11 protected’’; 

12 (II) by inserting ‘‘, and specifi13 cally assess,’’ after ‘‘shall consider’’; 

14 and 

15 (III) by inserting ‘‘, the costs and 

16 benefits, and the practicability’’ after 

17 ‘‘economic feasibility’’. 

18 (2) CLERICAL AMENDMENT.—The table of con19 tents for the Atomic Energy Act of 1954 is amended 

20 by striking the item relating to section 312 and in21 serting the following new item: 

‘‘Sec. 312. Mission and functions of the board.’’. 

22 (c) POWERS.—Section 313 of the Atomic Energy Act 

23 of 1954 (42 U.S.C. 2286b) is amended— 

24 (1) in subsection (a)— 

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1 (A) in paragraph (1), by striking ‘‘or a 

2 member authorized by the Board’’; and 

3 (B) in paragraph (2)(A), by striking the 

4 first sentence and inserting the following: ‘‘Sub5 poenas may be issued only with the approval of 

6 a majority of the members of the Board and 

7 shall be served by any person designated by the 

8 Chairman, any member, or any person as other9 wise provided by law.’’; and 

10 (2) in subsection (b), by adding at the end the 

11 following new paragraph: 

12 ‘‘(3) Of the funds appropriated to the Board to carry 

13 out this chapter, each member of the Board, other than the 

14 Chairman, may employ at least one technical advisor to 

15 serve in the immediate office of the member to provide as16 sistance to the member in carrying out the responsibilities 

17 of the member under this chapter. If employed in the imme18 diate office of a member, such advisor shall report to such 

19 member and, notwithstanding section 311(c)(2)(A), may 

20 not be subject to the appointment, direction, or supervision 

21 of the Chairman.’’; and 

22 (3) in subsection (j)(2), by striking ‘‘section 

23 312(1)’’ and inserting ‘‘section 312(b)(1)’’. 

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1 (d) BOARD RECOMMENDATIONS.—Section 315 of the 

2 Atomic Energy Act of 1954 (42 U.S.C. 2286d) is amended 

3 to read as follows: 

4 ‘‘SEC. 315. BOARD RECOMMENDATIONS. 

5 ‘‘(a) DRAFTS AND SUBMISSION OF RECOMMENDA6 TIONS.—(1) Subject to subsections (f) and (g), the Board 

7 shall submit to the Secretary of Energy a draft of any rec8 ommendations under section 312 and any related findings, 

9 supporting data, and analyses before the date on which such 

10 recommendations are finalized. 

11 ‘‘(2) The Secretary may provide to the Board com12 ments on the recommendations not later than 45 days after 

13 the date on which the Secretary receives the draft submis14 sion of the Board under paragraph (1). The Board may 

15 grant, upon request by the Secretary, not more than an ad16 ditional 30 days for the Secretary to submit comments to 

17 the Board. 

18 ‘‘(3) After the period of time in which the Secretary 

19 may provide recommendations under paragraph (2) 

20 elapses, the Board may publish in the Federal Register ei21 ther the original or a revised version of the recommenda22 tions based on the comments of the Secretary, together with 

23 a request for the submission to the Board of public com24 ments on such recommendations. Interested persons shall 

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1 mit comments, data, views, or arguments to the Board con2 cerning the recommendations. The Board shall furnish the 

3 Secretary with copies of all comments, data, views, and ar4 guments submitted to it under this paragraph. 

5 ‘‘(b) DISPOSITION OF RECOMMENDATIONS.—(1) Not 

6 later than 60 days after publication of the recommendations 

7 under subsection (a)(3), the Secretary of Energy shall pub8 lish in the Federal Register and transmit to the Board, in 

9 writing, a statement of the final decision of the Secretary 

10 with respect to whether the Secretary accepts or rejects, in 

11 whole or in part, such recommendations, including a de12 scription of any actions to be taken in response to the rec13 ommendations, any expected schedule, cost, technical, or 

14 program impacts of such recommendations, and the views 

15 of the Secretary regarding such recommendations. The 

16 Board may grant, upon request by the Secretary, not more 

17 than an additional 30 days for the Secretary to transmit 

18 such statement to the Board. 

19 ‘‘(2) The Board may hold hearings for the purpose of 

20 obtaining public comments on its recommendations and the 

21 disposition of such recommendations by the Secretary of 

22 Energy. 

23 ‘‘(c) REJECTION OF RECOMMENDATIONS.—If the Sec24 retary of Energy, in a statement under subsection (b)(1), 

25 rejects (in whole or part) any recommendation made by the 

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1 Board under subsection (a), the Board may transmit to the 

2 Secretary and the Committees on Armed Services and Ap3 propriations of the Senate and the House of Representatives 

4 a letter describing the views and perspectives of the Board 

5 regarding the Secretary’s disposition of the Board’s rec6 ommendations. 

7 ‘‘(d) IMPLEMENTATION PLAN.—The Secretary of En8 ergy shall prepare a plan for the implementation of each 

9 Board recommendation, or part of a recommendation, that 

10 is accepted by the Secretary in the statement under sub11 section (b)(1). Not later than 120 days after the date on 

12 which such statement is published, the Secretary shall 

13 transmit to the Board such implementation plan. The Sec14 retary may implement any such recommendation (or part 

15 of any such recommendation) before, on, or after the date 

16 on which the Secretary transmits the implementation plan 

17 to the Board under this subsection. 

18 ‘‘(e) IMPLEMENTATION.—(1) Subject to paragraph (2), 

19 not later than one year after the date on which the Sec20 retary of Energy transmits an implementation plan with 

21 respect to a recommendation (or part thereof) under sub22 section (d), the Secretary shall carry out and complete the 

23 implementation plan. If complete implementation of the 

24 plan takes more than one year, the Secretary of Energy 

25 shall submit a report to the Committees on Armed Services 

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1 and on Appropriations of the Senate and the House of Rep2 resentatives setting forth the reasons for the delay and when 

3 implementation will be completed. 

4 ‘‘(2) If the Secretary of Energy determines that the im5 plementation of a Board recommendation (or part thereof) 

6 is impracticable because of budgetary considerations, or 

7 that the implementation would affect the Secretary’s ability 

8 to meet the annual nuclear weapons stockpile requirements 

9 established pursuant to section 91 of this Act, the Secretary 

10 shall submit to the President and the Committees on Armed 

11 Services and Appropriations of the Senate and the House 

12 of Representatives a report containing the recommendation 

13 and the Secretary’s determination. 

14 ‘‘(f) IMMINENT OR SEVERE THREAT.—(1) In any case 

15 in which the Board determines that a recommendation sub16 mitted to the Secretary of Energy under section 312 relates 

17 to an imminent or severe threat to public health and safety, 

18 the Board and the Secretary of Energy shall proceed under 

19 this subsection in lieu of subsections (a) and (b). 

20 ‘‘(2) The Board shall transmit to the President, the 

21 Secretary of Defense, and the Secretary of Energy a rec22 ommendation relating to an imminent or severe threat to 

23 public health and safety. Not later than 15 days after the 

24 date on which such recommendation is received, the Sec25 retary of Energy shall submit the comments and views of 

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1 the Secretary to the President. The President shall review 

2 such comments and views and shall make the decision con3 cerning the acceptance or rejection of the Board’s rec4 ommendation. 

5 ‘‘(3) After receipt by the President of the recommenda6 tion from the Board under this subsection, the Board shall 

7 promptly make such recommendation available to the pub8 lic and shall submit such recommendation to the Commit9 tees on Armed Services and Appropriations of the Senate 

10 and the House of Representatives. The President shall 

11 promptly notify such committees of the decision made by 

12 the President under paragraph (2) and the reasons for that 

13 decision. 

14 ‘‘(g) LIMITATION.—Notwithstanding any other provi15 sion of this section, the requirements to make information 

16 available to the public under this section— 

17 ‘‘(1) shall not apply in the case of information 

18 that is classified; and 

19 ‘‘(2) shall be subject to the orders and regulations 

20 issued by the Secretary of Energy under sections 147 

21 and 148 of this Act to prohibit dissemination of cer22 tain information.’’. 

23 (e) REPORTS.—Section 316 of the Atomic Energy Act 

24 of 1954 (42 U.S.C. 2286e) is amended by striking ‘‘to the 

25 Speaker of’’ each place it appears. 

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1 (f) INFORMATION TO CONGRESS.—Section 320 of the 

2 Atomic Energy Act of 1954 (42 U.S.C. 2286h–1) is amend3 ed by striking ‘‘the Congress’’ and inserting ‘‘Committees 

4 on Armed Services and Appropriations of the Senate and 

5 the House of Representatives’’. 

6 (g) INSPECTOR GENERAL.—Chapter 21 of the Atomic 

7 Energy Act of 1954 (42 U.S.C. 2286 et seq.) is amended 

8 by adding at the end the following new section: 

9 ‘‘SEC. 322. INSPECTOR GENERAL. 

10 ‘‘The Board shall enter into an agreement with an 

11 agency of the Federal Government to procure the services 

12 of the Inspector General of such agency for the Board.’’. 

13 TITLE XXXIV—NAVAL 

14 PETROLEUM RESERVES 

15 SEC. 3401. AUTHORIZATION OF APPROPRIATIONS. 

16 (a) AMOUNT.—There are hereby authorized to be ap17 propriated to the Secretary of Energy $14,909,000 for fiscal 

18 year 2013 for the purpose of carrying out activities under 

19 chapter 641 of title 10, United States Code, relating to the 

20 naval petroleum reserves. 

21 (b) PERIOD OF AVAILABILITY.—Funds appropriated 

22 pursuant to the authorization of appropriations in sub23 section (a) shall remain available until expended. 

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1 TITLE XXXV—MARITIME 

2 ADMINISTRATION 

3 SEC. 3501. AUTHORIZATION OF APPROPRIATIONS FOR NA4 TIONAL SECURITY ASPECTS OF THE MER5 CHANT MARINE FOR FISCAL YEAR 2013. 

6 Funds are hereby authorized to be appropriated for fis7 cal year 2013, to be available without fiscal year limitation 

8 if so provided in appropriations Acts, for the use of the De9 partment of Transportation for Maritime Administration 

10 programs associated with maintaining national security 

11 aspects of the merchant marine, as follows: 

12 (1) For expenses necessary for operations of the 

13 United States Merchant Marine Academy, 

14 $77,253,000, of which— 

15 (A) $67,253,000 shall remain available 

16 until expended for Academy operations; and 

17 (B) $10,000,000 shall remain available 

18 until expended for capital asset management at 

19 the Academy. 

20 (2) For expenses necessary to support the State 

21 maritime academies, $16,045,000, of which— 

22 (A) $2,400,000 shall remain available until 

23 expended for student incentive payments; 

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1 (B) $2,545,000 shall remain available until 

2 expended for direct payments to such academies; 

3 and 

4 (C) $11,100,000 shall remain available 

5 until expended for maintenance and repair of 

6 State maritime academy training vessels. 

7 (3) For expenses necessary to dispose of vessels in 

8 the National Defense Reserve Fleet, $12,717,000, to 

9 remain available until expended. 

10 (4) For expenses to maintain and preserve a 

11 United States-flag merchant marine to serve the na12 tional security needs of the United States under chap13 ter 531 of title 46, United States Code, $186,000,000. 

14 (5) For the cost (as defined in section 502(5) of 

15 the Federal Credit Reform Act of 1990 (2 U.S.C. 

16 6661a(5)) of loan guarantees under the program au17 thorized by chapter 537 of title 46, United States 

18 Code, $3,750,000, all of which shall remain available 

19 until expended for administrative expenses of the pro20 gram. 

21 SEC. 3502. APPLICATION OF THE FEDERAL ACQUISITION 

22 REGULATION. 

23 Section 3502(b) of the Floyd D. Spence National De24 fense Authorization Act for Fiscal Year 2001, as enacted 

25 into law by Public Law 106–398 (114 Stat. 1645A–490), 

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1 is amended by striking ‘‘the enactment of this Act’’ and in2 serting ‘‘contract award’’. 

3 SEC. 3503. PROCUREMENT OF SHIP DISPOSAL. 

4 Section 113(e)(15) of title 40, United States Code, is 

5 amended— 

6 (1) by inserting ‘‘disposal for recycling and all 

7 contracts related thereto (including contracts for tow8 ing, dry-docking, sale or purchase of services for recy9 cling, or management of vessels during disposal),’’ 

10 after ‘‘charter, construction, reconstruction,’’; 

11 (2) by striking ‘‘merchant’’; and 

12 (3) by inserting ‘‘and with the Federal Acquisi13 tion Regulation’’ after ‘‘under this subtitle’’. 

14 SEC. 3504. LIMITATION OF NATIONAL DEFENSE RESERVE 

15 FLEET VESSELS TO THOSE OVER 1,500 GROSS 

16 TONS. 

17 Section 57101(a) of title 46, United States Code, is 

18 amended by inserting ‘‘of 1,500 gross tons or more or such 

19 other vessels as the Secretary of Transportation shall deter20 mine are appropriate’’ after ‘‘Administration’’. 

21 SEC. 3505. DONATION OF EXCESS FUEL TO MARITIME ACAD22 EMIES. 

23 Section 51103(b)(1) of title 46, United States Code, is 

24 amended by striking so much as precedes paragraph (2) 

25 and inserting the following: 

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1 ‘‘(b) PROPERTY FOR INSTRUCTIONAL PURPOSES.— 

2 ‘‘(1) IN GENERAL.—The Secretary of Transpor3 tation may cooperate with and assist the institutions 

4 named in paragraph (2) by making vessels, fuel, ship5 board equipment, and other marine equipment, owned 

6 by the United States Government and determined by 

7 the entity having custody and control of such prop8 erty to be excess or surplus, available to those institu9 tions for instructional purposes, by gift, loan, sale, 

10 lease, or charter on terms and conditions the Sec11 retary considers appropriate. The consent of the Sec12 retary of Navy shall be obtained with respect to any 

13 property from National Defense Reserve Fleet vessels, 

14 50 U.S.C. App. 1744, where such vessels are either 

15 Ready Reserve Force vessels or other National Defense 

16 Reserve Fleet vessels determined to be of sufficient 

17 value to the Navy to warrant their further preserva18 tion and retention.’’. 

19 SEC. 3506. CLARIFICATION OF HEADING. 

20 (a) IN GENERAL.—The heading of section 57103 of 

21 title 46, United States Code, is amended to read as follows: 

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1 ‘‘§ 57103. Donation of nonretention vessels in the na2 tional defense reserve fleet’’. 

3 (b) CONFORMING AMENDMENT.—The item relating to 

4 section 57103 in the analysis of chapter 571 of such title 

5 is amended to read as follows: 

‘‘57103. Donation of nonretention vessels in the national defense reserve fleet.’’. 

6 SEC. 3507. TRANSFER OF VESSELS TO THE NATIONAL DE7 FENSE RESERVE FLEET. 

8 Section 57101 of title 46, United States Code, is 

9 amended by adding at the end the following: 

10 ‘‘(c) AUTHORITY OF FEDERAL ENTITIES TO TRANSFER

11 VESSELS.—All Federal entities are authorized to transfer 

12 vessels to the National Defense Reserve Fleet without reim13 bursement subject to the approval of the Secretary of Trans14 portation and the Secretary of the Navy with respect to 

15 Ready Reserve Force vessels and the Secretary of Transpor16 tation with respect to all other vessels.’’. 

17 SEC. 3508. AMENDMENTS RELATING TO THE NATIONAL DE18 FENSE RESERVE FLEET. 

19 Subparagraphs (B), (C), and (D) of sections 11(c)(1) 

20 of the Merchant Ship Sales Act of 1946 (50 U.S.C. App. 

21 1744(c)(1)) are amended to read as follows: 

22 ‘‘(B) activate and conduct sea trials on each 

23 vessel at a frequency that is deemed necessary; 

24 ‘‘(C) maintain and adequately crew, as nec25 essary, in an enhanced readiness status those 

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1 vessels that are scheduled to be activated in 5 or 

2 less days; 

3 ‘‘(D) locate those vessels that are scheduled 

4 to be activated near embarkation ports specified 

5 for those vessels; and’’. 

6 SEC. 3509. EXTENSION OF MARITIME SECURITY FLEET PRO7 GRAM. 

8 (a) Section 53101 of title 46, United States Code, is 

9 amended— 

10 (1) by amending paragraph (4) to read as fol11 lows: 

12 ‘‘(4) FOREIGN COMMERCE.—The term foreign 

13 commerce means— 

14 ‘‘(A) commerce or trade between the United 

15 States, its territories or possessions, or the Dis16 trict of Columbia, and a foreign country; and 

17 ‘‘(B) commerce or trade between foreign 

18 countries.’’; 

19 (2) by striking paragraph (5); 

20 (3) by redesignating paragraphs (6) through (13) 

21 as paragraphs (5) through (12), respectively; and 

22 (4) by amending paragraph (5), as so redesig23 nated, to read as follows: 

24 ‘‘(5) PARTICIPATING FLEET VESSEL.—The term 

25 participating fleet vessel means any vessel that— 

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1 ‘‘(A) on October 1, 2015— 

2 ‘‘(i) meets the requirements of para3 graph (1), (2), (3), or (4) of section 

4 53102(c); and 

5 ‘‘(ii) is less than 20 years of age if the 

6 vessel is a tank vessel, or is less than 25 

7 years of age for all other vessel types; and 

8 ‘‘(B) on December 31, 2014, is covered by 

9 an operating agreement under this chapter.’’. 

10 (b) Section 53102(b) of such title is amended to read 

11 as follows: 

12 ‘‘(b) VESSEL ELIGIBILITY.—A vessel is eligible to be 

13 included in the Fleet if— 

14 ‘‘(1) the vessel meets the requirements of para15 graph (1), (2), (3), or (4) of subsection (c); 

16 ‘‘(2) the vessel is operated (or in the case of a 

17 vessel to be constructed, will be operated) in providing 

18 transportation in foreign commerce; 

19 ‘‘(3) the vessel is self-propelled and— 

20 ‘‘(A) is a tank vessel that is 10 years of age 

21 or less on the date the vessel is included in the 

22 Fleet; or 

23 ‘‘(B) is any other type of vessel that is 15 

24 years of age or less on the date the vessel is in25 cluded in the Fleet; 

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1 ‘‘(4) the vessel— 

2 ‘‘(A) is suitable for use by the United States 

3 for national defense or military purposes in time 

4 of war or national emergency, as determined by 

5 the Secretary of Defense; and 

6 ‘‘(B) is commercially viable, as determined 

7 by the Secretary; and 

8 ‘‘(5) the vessel— 

9 ‘‘(A) is a United States-documented vessel; 

10 or 

11 ‘‘(B) is not a United States-documented ves12 sel, but— 

13 ‘‘(i) the owner of the vessel has dem14 onstrated an intent to have the vessel docu15 mented under chapter 121 of this title if it 

16 is included in the Fleet; and 

17 ‘‘(ii) at the time an operating agree18 ment for the vessel is entered into under this 

19 chapter, the vessel is eligible for documenta20 tion under chapter 121 of this title.’’. 

21 (c) Section 53103 of such title is amended— 

22 (1) by amending subsection (b) to read as fol23 lows: 

24 ‘‘(b) EXTENSION OF EXISTING OPERATING AGREE25 MENTS.— 

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1 ‘‘(1) OFFER TO EXTEND.—Not later than 60 

2 days after the date of enactment of this paragraph, 

3 the Secretary shall offer, to an existing contractor, to 

4 extend, through September 30, 2025, an operating 

5 agreement that is in existence on the date of enact6 ment of this paragraph. The terms and conditions of 

7 the extended operating agreement shall include terms 

8 and conditions authorized under this chapter, as 

9 amended from time to time. 

10 ‘‘(2) TIME LIMIT.—An existing contractor shall 

11 have not later than 120 days after the date the Sec12 retary offers to extend an operating agreement to 

13 agree to the extended operating agreement. 

14 ‘‘(3) SUBSEQUENT AWARD.—The Secretary may 

15 award an operating agreement to an applicant that 

16 is eligible to enter into an operating agreement for 

17 fiscal years 2016 through 2025 if the existing con18 tractor does not agree to the extended operating agree19 ment under paragraph (2).’’; and 

20 (2) by amending subsection (c) to read as fol21 lows: 

22 ‘‘(c) PROCEDURE FOR AWARDING NEW OPERATING

23 AGREEMENTS.—The Secretary may enter into a new oper24 ating agreement with an applicant that meets the require25 ments of section 53102(c) (for vessels that meet the qualimstockstill on DSK4VPTVN1PROD with BILLS

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1 fications of section 53102(b)) on the basis of priority for 

2 vessel type established by military requirements of the Sec3 retary of Defense. The Secretary shall allow an applicant 

4 at least 30 days to submit an application for a new oper5 ating agreement. After consideration of military require6 ments, priority shall be given to an applicant that is a 

7 United States citizen under section 50501 of this title. The 

8 Secretary may not approve an application without the con9 sent of the Secretary of Defense. The Secretary shall enter 

10 into an operating agreement with the applicant or provide 

11 a written reason for denying the application.’’. 

12 (d) Section 53104 of such title is amended— 

13 (1) in subsection (c), by striking paragraph (3); 

14 and 

15 (2) in subsection (e), by striking ‘‘an operating 

16 agreement under this chapter is terminated under 

17 subsection (c)(3), or if’’. 

18 (e) Section 53105 of such title is amended— 

19 (1) by amending subsection (e) to read as fol20 lows: 

21 ‘‘(e) TRANSFER OF OPERATING AGREEMENTS.—A con22 tractor under an operating agreement may transfer the 

23 agreement (including all rights and obligations under the 

24 operating agreement) to any person that is eligible to enter 

25 into the operating agreement under this chapter if the Secmstockstill on DSK4VPTVN1PROD with BILLS

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1 retary and the Secretary of Defense determine that the 

2 transfer is in the best interests of the United States. A 

3 transaction shall not be considered a transfer of an oper4 ating agreement if the same legal entity with the same ves5 sels remains the contracting party under the operating 

6 agreement.’’; and 

7 (2) by amending subsection (f) to read as follows: 

8 ‘‘(f) REPLACEMENT VESSELS.—A contractor may re9 place a vessel under an operating agreement with another 

10 vessel that is eligible to be included in the Fleet under sec11 tion 53102(b), if the Secretary, in conjunction with the Sec12 retary of Defense, approves the replacement of the vessel.’’. 

13 (f) Section 53106 of such title is amended— 

14 (1) in subsection (a)(1), by striking ‘‘and (C) 

15 $3,100,000 for each of fiscal years 2012 through 

16 2025.’’ and inserting the following: 

17 ‘‘(C) $3,100,000 for each of fiscal years 

18 2012, 2013, 2014, 2015, 2016, 2017, and 2018; 

19 ‘‘(D) $3,500,000 for each of fiscal years 

20 2019, 2020, and 2021; and 

21 ‘‘(E) $3,700,000 for each of fiscal years 

22 2022, 2023, 2024, and 2025.’’; 

23 (2) in subsection (c)(3)(C), by striking ‘‘a LASH 

24 vessel.’’ and inserting ‘‘a lighter aboard ship vessel.’’; 

25 and 

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1 (3) by striking subsection (f). 

2 (g) Section 53107(b)(1) is amended to read as follows: 

3 ‘‘(1) IN GENERAL.—An Emergency Preparedness 

4 Agreement under this section shall require that a con5 tractor for a vessel covered by an operating agreement 

6 under this chapter shall make commercial transpor7 tation resources (including services) available, upon 

8 request by the Secretary of Defense during a time of 

9 war or national emergency, or whenever the Secretary 

10 of Defense determines that it is necessary for national 

11 security or contingency operation (as that term is de12 fined in section 101 of title 10, United States Code).’’. 

13 (h) Section 53109 is repealed. 

14 (i) Section 53111 is amended— 

15 (1) by striking ‘‘and’’ at the end of paragraph 

16 (2); and 

17 (2) by amending paragraph (3) to read as fol18 lows: 

19 ‘‘(3) $186,000,000 for each of fiscal years 2012, 

20 2013, 2014, 2015, 2016, 2017, and 2018; 

21 ‘‘(4) $210,000,000 for each of fiscal years 2019, 

22 2020, and 2021; and 

23 ‘‘(5) $222,000,000 for each fiscal year thereafter 

24 through fiscal year 2025.’’. 

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1 (j) EFFECTIVE DATE OF AMENDMENTS.—The amend2 ments made by— 

3 (1) paragraphs (2), (3), and (4) of section 

4 3308(a) of this Act take effect on December 31, 2014; 

5 and 

6 (2) section 3308(f)(2) of this Act take effect on 

7 December 31, 2014. 

8 DIVISION D—FUNDING TABLES 

9 SEC. 4001. AUTHORIZATION OF AMOUNTS IN FUNDING TA10 BLES. 

11 (a) IN GENERAL.—Whenever a funding table in this 

12 division specifies a dollar amount authorized for a project, 

13 program, or activity, the obligation and expenditure of the 

14 specified dollar amount for the project, program, or activity 

15 is hereby authorized, subject to the availability of appro16 priations. 

17 (b) MERIT-BASED DECISIONS.—A decision to commit, 

18 obligate, or expend funds with or to a specific entity on 

19 the basis of a dollar amount authorized pursuant to sub20 section (a) shall— 

21 (1) be based on merit-based selection procedures 

22 in accordance with the requirements of sections 

23 2304(k) and 2374 of title 10, United States Code, or 

24 on competitive procedures; and 

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1 (2) comply with other applicable provisions of 

2 law. 

3 (c) RELATIONSHIP TO TRANSFER AND PROGRAMMING

4 AUTHORITY.—An amount specified in the funding tables in 

5 this division may be transferred or reprogrammed under 

6 a transfer or reprogramming authority provided by another 

7 provision of this Act or by other law. The transfer or re8 programming of an amount specified in such funding tables 

9 shall not count against a ceiling on such transfers or 

10 reprogrammings under section 1001 or section 1522 of this 

11 Act or any other provision of law, unless such transfer or 

12 reprogramming would move funds between appropriation 

13 accounts. 

14 (d) APPLICABILITY TO CLASSIFIED ANNEX.—This sec15 tion applies to any classified annex that accompanies this 

16 Act. 

17 (e) ORAL AND WRITTEN COMMUNICATIONS.—No oral 

18 or written communication concerning any amount specified 

19 in the funding tables in this division shall supersede the 

20 requirements of this section. 

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1 TITLE XLI—PROCUREMENT 

2 SEC. 4101. PROCUREMENT. 

SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2013 

Request 

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 

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 

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SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2013 

Request 

House Authorized 

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 

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 

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SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2013 

Request 

House Authorized 

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 

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 

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SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2013 

Request 

House Authorized 

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 

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 

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SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2013 

Request 

House Authorized 

149 DISTRIBUTION SYSTEMS, PETROLEUM & WATER .......................................... 36,266 36,266 

MEDICAL EQUIPMENT 

150 COMBAT SUPPORT MEDICAL ................................................................................ 34,101 34,101 

151 MEDEVAC MISSON EQUIPMENT PACKAGE (MEP) ........................................... 20,540 20,540 

MAINTENANCE EQUIPMENT 

152 MOBILE MAINTENANCE EQUIPMENT SYSTEMS .............................................. 2,495 2,495 

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 

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 

mstockstill on DSK4VPTVN1PROD with BILLS

930 

•HR 4310 RH

SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2013 

Request 

House Authorized 

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 

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 

mstockstill on DSK4VPTVN1PROD with BILLS

931 

•HR 4310 RH

SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2013 

Request 

House Authorized 

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 

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 

mstockstill on DSK4VPTVN1PROD with BILLS

932 

•HR 4310 RH

SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2013 

Request 

House Authorized 

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 

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 

mstockstill on DSK4VPTVN1PROD with BILLS

933 

•HR 4310 RH

SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2013 

Request 

House Authorized 

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 

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 

mstockstill on DSK4VPTVN1PROD with BILLS

934 

•HR 4310 RH

SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2013 

Request 

House Authorized 

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 

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 

mstockstill on DSK4VPTVN1PROD with BILLS

935 

•HR 4310 RH

SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2013 

Request 

House Authorized 

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 

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 

mstockstill on DSK4VPTVN1PROD with BILLS

936 

•HR 4310 RH

SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2013 

Request 

House Authorized 

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 

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 

mstockstill on DSK4VPTVN1PROD with BILLS

937 

•HR 4310 RH

SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2013 

Request 

House Authorized 

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 

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 

mstockstill on DSK4VPTVN1PROD with BILLS

938 

•HR 4310 RH

SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2013 

Request 

House Authorized 

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 

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 

mstockstill on DSK4VPTVN1PROD with BILLS

939 

•HR 4310 RH

SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2013 

Request 

House Authorized 

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 

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 

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940 

•HR 4310 RH

SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2013 

Request 

House Authorized 

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 

mstockstill on DSK4VPTVN1PROD with BILLS

941 

•HR 4310 RH

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 

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 

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 

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•HR 4310 RH

SEC. 4102. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Line Item FY 2013 

Request 

House Authorized 

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 

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 

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SEC. 4102. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Line Item FY 2013 

Request 

House Authorized 

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 

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 

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•HR 4310 RH

SEC. 4102. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Line Item FY 2013 

Request 

House Authorized 

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 

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 

mstockstill on DSK4VPTVN1PROD with BILLS

945 

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1 TITLE XLII—RESEARCH, DEVEL2 OPMENT, TEST, AND EVALUA3 TION 

4 SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUA5 TION. 

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

(In Thousands of Dollars) 

Line Program 

Element Item FY 2013 Request 

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 

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 

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946 

•HR 4310 RH

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

(In Thousands of Dollars) 

Line Program 

Element Item FY 2013 Request 

House Authorized 

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 

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 

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•HR 4310 RH

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

(In Thousands of Dollars) 

Line Program 

Element Item FY 2013 Request 

House Authorized 

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 

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 

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948 

•HR 4310 RH

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

(In Thousands of Dollars) 

Line Program 

Element Item FY 2013 Request 

House Authorized 

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 

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 

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949 

•HR 4310 RH

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

(In Thousands of Dollars) 

Line Program 

Element Item FY 2013 Request 

House Authorized 

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 

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 

mstockstill on DSK4VPTVN1PROD with BILLS

950 

•HR 4310 RH

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

(In Thousands of Dollars) 

Line Program 

Element Item FY 2013 Request 

House Authorized 

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 

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 

mstockstill on DSK4VPTVN1PROD with BILLS

951 

•HR 4310 RH

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

(In Thousands of Dollars) 

Line Program 

Element Item FY 2013 Request 

House Authorized 

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 

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 

mstockstill on DSK4VPTVN1PROD with BILLS

952 

•HR 4310 RH

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

(In Thousands of Dollars) 

Line Program 

Element Item FY 2013 Request 

House Authorized 

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 

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 

mstockstill on DSK4VPTVN1PROD with BILLS

953 

•HR 4310 RH

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

(In Thousands of Dollars) 

Line Program 

Element Item FY 2013 Request 

House Authorized 

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 

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 

mstockstill on DSK4VPTVN1PROD with BILLS

954 

•HR 4310 RH

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

(In Thousands of Dollars) 

Line Program 

Element Item FY 2013 Request 

House Authorized 

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 

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 

mstockstill on DSK4VPTVN1PROD with BILLS

955 

•HR 4310 RH

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

(In Thousands of Dollars) 

Line Program 

Element Item FY 2013 Request 

House Authorized 

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 

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] 

mstockstill on DSK4VPTVN1PROD with BILLS

956 

•HR 4310 RH

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

(In Thousands of Dollars) 

Line Program 

Element Item FY 2013 Request 

House Authorized 

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 

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 

mstockstill on DSK4VPTVN1PROD with BILLS

957 

•HR 4310 RH

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

(In Thousands of Dollars) 

Line Program 

Element Item FY 2013 Request 

House Authorized 

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 

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 

mstockstill on DSK4VPTVN1PROD with BILLS

958 

•HR 4310 RH

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

(In Thousands of Dollars) 

Line Program 

Element Item FY 2013 Request 

House Authorized 

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 .................................................................................. [19,900] 

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 

mstockstill on DSK4VPTVN1PROD with BILLS

959 

•HR 4310 RH

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 

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 

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 

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 

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 

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 

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 

mstockstill on DSK4VPTVN1PROD with BILLS

960 

•HR 4310 RH

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 

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 

mstockstill on DSK4VPTVN1PROD with BILLS

961 

•HR 4310 RH

SEC. 4301. OPERATION AND MAINTENANCE 

(In Thousands of Dollars) 

Line Item FY 2013 

Request 

House Authorized 

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] 

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 

mstockstill on DSK4VPTVN1PROD with BILLS

962 

•HR 4310 RH

SEC. 4301. OPERATION AND MAINTENANCE 

(In Thousands of Dollars) 

Line Item FY 2013 

Request 

House Authorized 

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 

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 

mstockstill on DSK4VPTVN1PROD with BILLS

963 

•HR 4310 RH

SEC. 4301. OPERATION AND MAINTENANCE 

(In Thousands of Dollars) 

Line Item FY 2013 

Request 

House Authorized 

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 

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] 

mstockstill on DSK4VPTVN1PROD with BILLS

964 

•HR 4310 RH

SEC. 4301. OPERATION AND MAINTENANCE 

(In Thousands of Dollars) 

Line Item FY 2013 

Request 

House Authorized 

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 –5,091,001 

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] 

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 

mstockstill on DSK4VPTVN1PROD with BILLS

965 

•HR 4310 RH

SEC. 4301. OPERATION AND MAINTENANCE 

(In Thousands of Dollars) 

Line Item FY 2013 

Request 

House Authorized 

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 

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 

mstockstill on DSK4VPTVN1PROD with BILLS

966 

•HR 4310 RH

SEC. 4301. OPERATION AND MAINTENANCE 

(In Thousands of Dollars) 

Line Item FY 2013 

Request 

House Authorized 

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 

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 

mstockstill on DSK4VPTVN1PROD with BILLS

967 

•HR 4310 RH

SEC. 4301. OPERATION AND MAINTENANCE 

(In Thousands of Dollars) 

Line Item FY 2013 

Request 

House Authorized 

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 

TOTAL OPERATION & MAINTENANCE ............ 174,938,933 175,082,230 

mstockstill on DSK4VPTVN1PROD with BILLS

968 

•HR 4310 RH

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 

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 

mstockstill on DSK4VPTVN1PROD with BILLS

969 

•HR 4310 RH

SEC. 4302. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Line Item FY 2013 

Request 

House Authorized 

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 

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 

mstockstill on DSK4VPTVN1PROD with BILLS

970 

•HR 4310 RH

SEC. 4302. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Line Item FY 2013 

Request 

House Authorized 

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 

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 

mstockstill on DSK4VPTVN1PROD with BILLS

971 

•HR 4310 RH

SEC. 4302. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Line Item FY 2013 

Request 

House Authorized 

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 

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 

mstockstill on DSK4VPTVN1PROD with BILLS

972 

•HR 4310 RH

SEC. 4302. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Line Item FY 2013 

Request 

House Authorized 

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 

mstockstill on DSK4VPTVN1PROD with BILLS

973 

•HR 4310 RH

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 

mstockstill on DSK4VPTVN1PROD with BILLS

974 

•HR 4310 RH

1 SEC. 4402. MILITARY PERSONNEL FOR OVERSEAS CONTIN2 GENCY OPERATIONS. 

SEC. 4402. MILITARY PERSONNEL FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Item FY 2013 

Request 

House 

Authorized 

MILITARY PERSONNEL ...................................................... 14,060,094 14,060,094 

mstockstill on DSK4VPTVN1PROD with BILLS

975 

•HR 4310 RH

1 TITLE XLV—OTHER 

2 AUTHORIZATIONS 

3 SEC. 4501. OTHER AUTHORIZATIONS. 

SEC. 4501. OTHER AUTHORIZATIONS 

(In Thousands of Dollars) 

Item 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 flucuation ............................................... [–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 

mstockstill on DSK4VPTVN1PROD with BILLS

976 

•HR 4310 RH

SEC. 4501. OTHER AUTHORIZATIONS 

(In Thousands of Dollars) 

Item 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 

mstockstill on DSK4VPTVN1PROD with BILLS

977 

•HR 4310 RH

1 SEC. 4502. OTHER AUTHORIZATIONS FOR OVERSEAS CON2 TINGENCY OPERATIONS. 

SEC. 4502. OTHER AUTHORIZATIONS FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Item 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 

DEFENSEWIDE ACTIVITIES ........................................................ 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 

mstockstill on DSK4VPTVN1PROD with BILLS

978 

•HR 4310 RH

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 Budget 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 Engineering/Housing Maintenance Shop ..................... 3,100 3,100 

Army Concord Lightning Protection System ....................................... 5,800 5,800 

Colorado 

Army Fort Carson Central Energy Plant .................................................. 0 0 

Army Fort Carson, Colorado Digital Multipurpose Training Range ......................... 18,000 18,000 

District of Columbia 

Army Fort Mcnair Vehicle Storage Building, Installation ......................... 7,200 7,200 

Georgia 

Army Fort Benning Ground Source Heat Transfer System ........................ 16,000 16,000 

Army Fort Gordon Ground Source Heat Transfer System ........................ 12,200 12,200 

Army Fort Gordon Modified Record Fire Range ....................................... 4,000 4,000 

Army Fort Gordon Multipurpose Machine Gun Range .............................. 7,100 7,100 

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 Stewart, Georgia Unmanned Aerial Vehicle Complex ............................. 24,000 24,000 

Hawaii 

Army Pohakuloa Training 

Area 

Automated Infantry Platoon Battle Course ................ 29,000 29,000 

Army Schofield Barracks Barracks ....................................................................... 55,000 55,000 

Army Schofield Barracks Barracks ....................................................................... 41,000 41,000 

Army Wheeler Army Air Field Combat Aviation Brigade Barracks ............................. 85,000 85,000 

Italy 

Army Camp Ederle Barracks ....................................................................... 36,000 36,000 

Army Vicenza Simulations Center ...................................................... 32,000 32,000 

Japan 

Army Okinawa Satellite Communications Facility ............................... 78,000 78,000 

Army Sagami Vehicle Maintenance Shop ........................................... 18,000 18,000 

Kansas 

Army Fort Riley, Kansas Unmanned Aerial Vehicle Complex ............................. 12,200 12,200 

Kentucky 

Army Fort Campbell, Kentucky Battalion Headquarters Complex ................................ 55,000 55,000 

Army Fort Campbell, Kentucky Live Fire Exercise Shoothouse .................................... 3,800 3,800 

Army Fort Campbell, Kentucky Unmanned Aerial Vehicle Complex ............................. 23,000 23,000 

Army Fort Knox Automated Infantry Squad Battle Course .................. 6,000 6,000 

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 

Army Fort Leonard Wood Trainee Barracks Complex 3, Ph 2 ............................. 58,000 58,000 

Army Fort Leonard Wood Vehicle Maintenance Shop ........................................... 39,000 39,000 

New Jersey 

Army Joint Base Mcguire-DixLakehurst Flight Equipment Complex .......................................... 47,000 47,000 

Army Picatinny Arsenal Ballistic Evaluation Center .......................................... 10,200 10,200 

New York 

Army Fort Drum, New York Aircraft Maintenance Hangar ..................................... 95,000 95,000 

Army U.S. Military Academy Cadet Barracks ............................................................ 192,000 192,000 

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 Corpus Christi Aircraft Component Maintenance Shop ...................... 13,200 13,200 

Army Corpus Christi Aircraft Paint Shop ..................................................... 24,000 24,000 

Army Fort Bliss Multipurpose Machine Gun Range .............................. 7,200 7,200 

mstockstill on DSK4VPTVN1PROD with BILLS

979 

•HR 4310 RH

SEC. 4601. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/Country and 

Installation Project Title Budget Request 

House Agreement 

Army Fort Hood, Texas Modified Record Fire Range ....................................... 4,200 4,200 

Army Fort Hood, Texas Training Aids Center ................................................... 25,000 25,000 

Army Fort Hood, Texas Unmanned Aerial Vehicle Complex ............................. 22,000 22,000 

Army Joint Base San Antonio Barracks ....................................................................... 21,000 21,000 

Virginia 

Army Arlington Cemetery Expansion Millennium Site ......................... 84,000 84,000 

Army Fort Belvoir Secure Admin/Operations Facility ............................... 94,000 94,000 

Army Fort Lee Adv Individual Training Barracks Cplx, Ph2 ............. 81,000 81,000 

Washington 

Army 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 

Host Nation Support Fy 13 ........................................ 34,000 34,000 

Army Unspecified Worldwide 

Locations 

Minor Construction Fy 13 ........................................... 25,000 25,000 

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 Combined Dining Facility ............................................ 9,819 0 

Navy Sw Asia Transient Quarters ...................................................... 41,529 0 

California 

Navy Camp Pendleton, California Comm. Information Systems Ops Complex ................. 78,897 78,897 

Navy Camp Pendleton, California Mv22 Aviation Simulator Building .............................. 4,139 4,139 

Navy Camp Pendleton, California San Jacinto Road Extension ....................................... 5,074 5,074 

Navy Coronado Bachelor Quarters ........................................................ 76,063 76,063 

Navy Coronado H–60s Simulator Training Facility ............................. 2,478 2,478 

Navy Lemoore Bams Maintenance Training Facility .......................... 14,843 0 

Navy Miramar Hangar 5 Renovations & Addition .............................. 27,897 27,897 

Navy Point Mugu Bams Maintenance Training Facility .......................... 0 12,790 

Navy San Diego Entry Control Point (Gate Five) ................................. 11,752 11,752 

Navy San Diego Lcs Training Facility ................................................... 59,436 59,436 

Navy Seal Beach Strategic Systems Weapons Eval. Test Lab ............... 30,594 30,594 

Navy Twentynine Palms, California Land Expansion Phase 2 ............................................. 47,270 47,270 

Diego Garcia 

Navy Diego Garcia Communications Infrastructure ................................... 1,691 1,691 

Djibouti 

Navy Camp Lemonier, 

Djibouti 

Containerized Living and Work Units ......................... 7,510 0 

Navy Camp Lemonier, 

Djibouti 

Fitness Center ............................................................. 26,960 0 

Navy Camp Lemonier, 

Djibouti 

Galley Addition and Warehouse .................................. 22,220 0 

Navy Camp Lemonier, 

Djibouti 

Joint HQ/Joint Operations Center Facility ................ 42,730 0 

Florida 

Navy Jacksonville Bams Mission Control Complex ................................... 21,980 21,980 

Greece 

Navy Souda Bay Aircraft Parking Apron Expansion ............................. 20,493 20,493 

Navy Souda Bay Intermodal Access Road .............................................. 4,630 4,630 

Guam 

Navy Joint Region Marianas North Ramp Parking (Andersen AFB)—Inc 2 .......... 25,904 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 Maintenance Hangar Improvements ............................ 5,722 5,722 

Navy Iwakuni Vertical Take-Off and Landing Pad North ................. 7,416 7,416 

Navy Okinawa Bachelor Quarters ........................................................ 8,206 8,206 

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 

mstockstill on DSK4VPTVN1PROD with BILLS

980 

•HR 4310 RH

SEC. 4601. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/Country and 

Installation Project Title Budget Request 

House Agreement 

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 

Navy Cherry Point Marine 

Corps Air Station 

Marine Air Support Squadron Compound ................... 34,310 34,310 

Navy New River Personnel Administration Center ................................ 8,525 8,525 

Romania 

Navy Deveselu, Romania Aegis Ashore Missile Defense Complex ....................... 45,205 45,205 

South Carolina 

Navy Beaufort Aircraft Maintenance Hangar ..................................... 42,010 42,010 

Navy Beaufort Airfield Security Upgrades .......................................... 13,675 13,675 

Navy Beaufort Ground Support Equipment Shop ............................... 9,465 9,465 

Navy Beaufort Recycling/Hazardous Waste Facility ........................... 3,743 3,743 

Navy Beaufort Simulated Lhd Flight Deck ......................................... 12,887 12,887 

Navy Parris Island Front Gate Atfp Improvements ................................... 10,135 10,135 

Spain 

Navy Rota General Purpose Warehouse ........................................ 3,378 3,378 

Navy Rota High Explosive Magazine ............................................ 13,837 13,837 

Virginia 

Navy Dahlgren Cruiser/Destroyer Upgrade Training Facility ............. 16,494 16,494 

Navy Dahlgren Physical Fitness Center ............................................... 11,734 11,734 

Navy Oceana Naval Air Station A School Barracks ....................................................... 39,086 39,086 

Navy Portsmouth Drydock 8 Electrical Distribution Upgrade ................ 32,706 32,706 

Navy Quantico Infrastruture—Widen Russell Road ............................ 14,826 14,826 

Navy Quantico The Basic School Student Quarters—Phase 7 ........... 31,012 31,012 

Navy Quantico Weapons Training Battalion Mess Hall ...................... 12,876 12,876 

Navy Yorktown Armory ......................................................................... 4,259 4,259 

Navy Yorktown Bachelor Enlisted Quarters ......................................... 18,422 18,422 

Navy Yorktown Motor Transportation Facility ..................................... 6,188 6,188 

Navy Yorktown Regimental Headquarters ............................................ 11,015 11,015 

Navy Yorktown Supply Warehouse Facility .......................................... 8,939 8,939 

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 Unspecified Worldwide 

Locations 

Unspecified Minor Construction .................................. 16,535 16,535 

Navy Various Worldwide Locations Bams Operational Facilities ........................................ 34,048 34,048 

Total Military Construction, Navy 1,701,985 1,549,164 

Arkansas 

AF Little Rock AFB C–130J Flight Simulator Addition ............................. 4,178 4,178 

AF Little Rock AFB C–130J Fuel Systems Maintenance Hangar ............... 26,000 26,000 

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 Consolidated Engineer Shop and Supply Facility ....... 0 0 

AF Thule Ab Dormitory (48 Pn) ....................................................... 24,500 24,500 

Guam 

AF Andersen AFB Fuel Systems Hangar .................................................. 0 0 

Italy 

AF Aviano Ab F–16 Mission Training 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 Adal Building 118 for Flight Simulator ............ 4,000 4,000 

AF Hill AFB F–35 Adal Hangar 45w/AMU ..................................... 7,250 7,250 

AF Hill AFB F–35 Modular Storage Magazines .............................. 2,280 2,280 

Worldwide Unspecified 

AF Unspecified Worldwide 

Locations 

Planning and Design ................................................... 18,635 18,635 

AF Unspecified Worldwide 

Locations 

Sanitary Sewer Lift/Pump Station .............................. 2,000 2,000 

mstockstill on DSK4VPTVN1PROD with BILLS

981 

•HR 4310 RH

SEC. 4601. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/Country and 

Installation Project Title Budget Request 

House Agreement 

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 Various Worldwide Locations Unspecified Minor Construction .................................. 18,200 18,200 

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 Indoor Dynamic Shooting Facility ...................... 31,170 31,170 

Def-Wide Coronado SOF Mobile Comm Detachment Support Facility ...... 10,120 10,120 

Def-Wide Def Fuel Support 

Point—San Diego 

Replace Fuel Pier ........................................................ 91,563 91,563 

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 

Colorado 

Def-Wide Buckley Air Force Base Denver Power House ................................................... 30,000 30,000 

Def-Wide Fort Carson, Colorado SOF Battalion Operations Complex ............................ 56,673 56,673 

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 Eglin AFB SOF Avfid Ops and Maintenance Facilities ................ 41,695 41,695 

Def-Wide Hurlburt Field Construct Fuel Storage Facility .................................. 16,000 16,000 

Def-Wide Macdill AFB SOF Joint Special Ops University Fac (Jsou) ........... 34,409 34,409 

Germany 

Def-Wide Rhine Ordnance Barracks Medical Center Replacement Incr 2 ............................ 127,000 127,000 

Def-Wide Stuttgart-Patch Barracks DISA Europe Facility Upgrades ................................. 2,413 2,413 

Def-Wide Vogelweh Replace Vogelweh Elementary School ......................... 61,415 61,415 

Def-Wide Weisbaden Weisbaden High School Addition ................................ 52,178 52,178 

Guam 

Def-Wide Andersen AFB Upgrade Fuel Pipeline ................................................. 67,500 67,500 

Guantanamo Bay, Cuba 

Def-Wide Guantanamo Bay Replace Fuel Pier ........................................................ 37,600 37,600 

Def-Wide Guantanamo Bay Replace Truck Load Facility ....................................... 2,600 2,600 

Hawaii 

Def-Wide Joint Base Pearl 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 Camp Zama Renovate Zama High School ....................................... 13,273 13,273 

Def-Wide Kadena Ab Replace Elementary School ......................................... 71,772 71,772 

Def-Wide Kadena Ab Replace Stearley Heights Elementary School ............. 71,773 71,773 

Def-Wide Sasebo Replace Sasebo Elementary School ............................. 35,733 35,733 

Def-Wide Zukeran Replace Zukeran Elementary School ........................... 79,036 79,036 

Kentucky 

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 

Def-Wide Fort Campbell, Kentucky SOF Landgraf Hangar Extension ............................... 3,559 3,559 

Korea 

Def-Wide Kunsan Air Base Medical/Dental Clinic Addition .................................... 13,000 13,000 

Def-Wide Osan AFB Hospital Addition/Alteration ........................................ 34,600 34,600 

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 Annapolis Health Clinic Replacement .......................................... 66,500 66,500 

Def-Wide Bethesda Naval Hospital Base Installation Access./Appearance Plan ................. 7,000 7,000 

mstockstill on DSK4VPTVN1PROD with BILLS

982 

•HR 4310 RH

SEC. 4601. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/Country and 

Installation Project Title Budget Request 

House Agreement 

Def-Wide Bethesda Naval Hospital Electrical Capacity and Cooling Towers ...................... 35,600 35,600 

Def-Wide Bethesda Naval Hospital Temporary Medical Facilities ...................................... 26,600 26,600 

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 Fort Meade NSAW Recapitalize Building #1/Site M Inc 1 ........... 25,000 25,000 

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 Idt Complex ................................................................. 25,900 25,900 

Def-Wide Fort Drum, New York Soldier Specialty Care Clinic ....................................... 17,300 17,300 

North Carolina 

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 Battalion Operations Facility ............................. 40,481 40,481 

Def-Wide Fort Bragg SOF Civil Affairs Battalion Complex .......................... 31,373 31,373 

Def-Wide Fort Bragg SOF Support Addition ................................................. 3,875 3,875 

Def-Wide Fort Bragg SOF Sustainment Brigade Complex ............................ 24,693 24,693 

Def-Wide Seymour Johnson AFB Medical Clinic Replacement ......................................... 53,600 53,600 

Def-Wide Seymour Johnson AFB Replace Pipeline ........................................................... 1,850 1,850 

Pennsylvania 

Def-Wide Def Distribution Depot 

New Cumberland 

Replace Communications Building .............................. 6,800 6,800 

Def-Wide Def Distribution Depot 

New Cumberland 

Replace Reservoir ......................................................... 4,300 4,300 

Def-Wide Def Distribution Depot 

New Cumberland 

Replace Sewage Treatment Plant ................................ 6,300 6,300 

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 Fort Bliss Hospital Replacement Incr 4 ....................................... 207,400 207,400 

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 

United Kingdom 

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 

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 

Utah 

Def-Wide Camp Williams Ic Cnci Data Center 1 Inc 4 ....................................... 191,414 191,414 

Virginia 

Def-Wide Dam Neck SOF Magazines ............................................................ 0 0 

Def-Wide Joint Expeditionary 

Base Little Creek— 

Story 

SOF Combat Services Support Facility—East ........... 11,132 11,132 

Def-Wide Norfolk Veterinary Facility Replacement ................................. 8,500 8,500 

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 

Worldwide Unspecified 

Def-Wide Unspecified Worldwide 

Locations 

Contingency Construction ............................................ 10,000 0 

Def-Wide Unspecified Worldwide 

Locations 

Energy Conservation Investment Program ................. 150,000 150,000 

Def-Wide Unspecified Worldwide 

Locations 

Exercise Related Minor Construction .......................... 6,440 6,440 

Def-Wide Unspecified Worldwide 

Locations 

Minor Construction ...................................................... 5,000 5,000 

Def-Wide Unspecified Worldwide 

Locations 

Planning & Design ....................................................... 5,000 5,000 

Def-Wide Unspecified Worldwide 

Locations 

Planning and Design ................................................... 7,928 7,928 

Def-Wide Unspecified Worldwide 

Locations 

Planning and Design ................................................... 105,700 105,700 

Def-Wide Unspecified Worldwide 

Locations 

Planning and Design ................................................... 27,620 27,620 

Def-Wide Unspecified Worldwide 

Locations 

Planning and Design ................................................... 8,300 8,300 

mstockstill on DSK4VPTVN1PROD with BILLS

983 

•HR 4310 RH

SEC. 4601. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/Country and 

Installation Project Title Budget Request 

House Agreement 

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 ................................................... 2,919 2,919 

Def-Wide Unspecified Worldwide 

Locations 

Planning and Design ................................................... 4,548 4,548 

Def-Wide Unspecified Worldwide 

Locations 

SOF Operations and Skills Training Complex ............ 0 0 

Def-Wide Unspecified Worldwide 

Locations 

Unspecified Minor Const ............................................. 10,000 10,000 

Def-Wide Unspecified Worldwide 

Locations 

Unspecified Minor Construction .................................. 7,254 7,254 

Def-Wide Unspecified Worldwide 

Locations 

Unspecified Minor Construction .................................. 4,091 4,091 

Def-Wide Unspecified Worldwide 

Locations 

Unspecified Minor Construction .................................. 3,000 3,000 

Def-Wide Unspecified Worldwide 

Locations 

Unspecified Minor Milcon ............................................ 3,000 3,000 

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 MC Clellan Live Fire Shoot House ................................................ 5,400 5,400 

Arkansas 

Army NG Searcy Field Maintenance Shop .............................................. 6,800 6,800 

California 

Army NG Fort Irwin Maneuver Area Training & Equipment Site Ph3 ........ 25,000 25,000 

Connecticut 

Army NG Camp Hartell Combined Support Maintenance Shop ......................... 32,000 32,000 

Delaware 

Army NG Bethany Beach Regional Training Institute Ph1 ................................. 5,500 5,500 

Florida 

Army NG Camp Blanding Combined Arms Collective Training Fac ..................... 9,000 9,000 

Army NG Miramar Readiness Center ......................................................... 20,000 20,000 

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 South Bend Armed Forces Reserve Center Add/Alt ....................... 21,000 21,000 

Army NG Terre Haute Field Maintenance Shop .............................................. 9,000 9,000 

Iowa 

Army NG Camp Dodge Urban Assault Course .................................................. 3,000 3,000 

Kansas 

Army NG Topeka Taxiway, Ramp & Hangar Alterations ........................ 9,500 9,500 

Kentucky 

Army NG Frankfort Army Aviation Support Facility .................................. 32,000 32,000 

Massachusetts 

Army NG Camp Edwards 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 Monett Readiness Center Add/Alt ............................................ 820 820 

mstockstill on DSK4VPTVN1PROD with BILLS

984 

•HR 4310 RH

SEC. 4601. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/Country and 

Installation Project Title Budget Request 

House Agreement 

Army NG Perryville Readiness Center Add/Alt ............................................ 700 700 

Montana 

Army NG Miles City Readiness Center ......................................................... 11,000 11,000 

New Jersey 

Army NG Sea Girt Regional Training Institute ......................................... 34,000 34,000 

New York 

Army NG Stormville Combined Support Maint Shop Ph1 ........................... 24,000 24,000 

Ohio 

Army NG Chillicothe Field Maintenance Shop Add/Alt ................................ 3,100 3,100 

Army NG Delaware Readiness Center ......................................................... 12,000 12,000 

Oklahoma 

Army NG Camp Gruber Operations Readiness Training Complex ..................... 25,000 25,000 

Puerto Rico 

Army NG Camp Santiago Readiness Center ......................................................... 3,800 3,800 

Army NG Ceiba Refill Station Building ................................................. 2,200 2,200 

Army NG Guaynabo Readiness Center (JFHQ) ........................................... 15,000 15,000 

Army NG Gurabo Readiness Center ......................................................... 14,700 14,700 

Utah 

Army NG Camp Williams BEQ Facility (Regional Training Institute) ............... 15,000 15,000 

Army NG Camp Williams Regional Training Institute Ph2 ................................. 21,000 21,000 

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 Access Control Point .................................................... 0 0 

Army Res Fort Hunter Liggett Ortc .............................................................................. 64,000 64,000 

Army Res Fort Hunter Liggett Uph Barracks .............................................................. 4,300 4,300 

Army Res Tustin Army Reserve Center ................................................... 27,000 27,000 

Illinois 

Army Res Fort Sheridan Army Reserve Center ................................................... 28,000 28,000 

Maryland 

Army Res Aberdeen Proving 

Ground 

Army Reserve Center ................................................... 21,000 21,000 

Army Res Baltimore Add/Alt Army Reserve Center ..................................... 10,000 10,000 

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 Mcguire-DixLakehurst 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 

Army Res Fort Mccoy Central Issue Facility .................................................. 12,200 12,200 

Army Res Fort Mccoy Dining Facility ............................................................. 8,600 8,600 

Army Res Fort Mccoy Ecs Tactical Equip. Maint. Facilty (Temf) ................. 27,000 27,000 

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 

mstockstill on DSK4VPTVN1PROD with BILLS

985 

•HR 4310 RH

SEC. 4601. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/Country and 

Installation Project Title Budget Request 

House Agreement 

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, Navy and Marine Corps 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 Planning and Design ................................................... 4,000 4,000 

Air NG Various Worldwide Locations Unspecified Minor Construction .................................. 5,900 5,900 

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 

Furnishings Account .................................................... 31,785 31,785 

FH Ops Army Unspecified Worldwide 

Locations 

Leasing ......................................................................... 203,533 203,533 

FH Ops Army Unspecified Worldwide 

Locations 

Maintenance of Real Property ..................................... 109,534 109,534 

FH Ops Army Unspecified Worldwide 

Locations 

Management Account .................................................. 56,970 56,970 

FH Ops Army Unspecified Worldwide 

Locations 

Miscellaneous Account ................................................. 620 620 

FH Ops Army Unspecified Worldwide 

Locations 

Privatization Support Costs ......................................... 26,010 26,010 

FH Ops Army Unspecified Worldwide 

Locations 

Services Account .......................................................... 13,487 13,487 

FH Ops Army Unspecified Worldwide 

Locations 

Utilities Account .......................................................... 88,112 88,112 

Total Family Housing Operation & Maintenance, Army 530,051 530,051 

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 

mstockstill on DSK4VPTVN1PROD with BILLS

986 

•HR 4310 RH

SEC. 4601. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/Country and 

Installation Project Title Budget Request 

House Agreement 

Worldwide Unspecified 

FH Ops AF Unspecified Worldwide 

Locations 

Furnishings Account .................................................... 37,878 37,878 

FH Ops AF Unspecified Worldwide 

Locations 

Housing Privatization .................................................. 46,127 46,127 

FH Ops AF Unspecified Worldwide 

Locations 

Leasing ......................................................................... 62,730 62,730 

FH Ops AF Unspecified Worldwide 

Locations 

Maintenance (Rpma Rpmc) ......................................... 201,937 201,937 

FH Ops AF Unspecified Worldwide 

Locations 

Management Account .................................................. 55,002 55,002 

FH Ops AF Unspecified Worldwide 

Locations 

Miscellaneous Account ................................................. 1,943 1,943 

FH Ops AF Unspecified Worldwide 

Locations 

Services Account .......................................................... 16,550 16,550 

FH Ops AF Unspecified Worldwide 

Locations 

Utilities Account .......................................................... 75,662 75,662 

Total Family Housing Operation & Maintenance, Air Force 497,829 497,829 

Worldwide Unspecified 

FH Con Navy Unspecified Worldwide 

Locations 

Design .......................................................................... 4,527 4,527 

FH Con Navy Unspecified Worldwide 

Locations 

Improvements ............................................................... 97,655 97,655 

Total Family Housing Construction, Navy and Marine Corps 102,182 102,182 

Worldwide Unspecified 

FH Ops Navy Unspecified Worldwide 

Locations 

Furnishings Account .................................................... 17,697 17,697 

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 

Management Account .................................................. 62,741 62,741 

FH Ops Navy Unspecified Worldwide 

Locations 

Miscellaneous Account ................................................. 491 491 

FH Ops Navy Unspecified Worldwide 

Locations 

Privatization Support Costs ......................................... 27,798 27,798 

FH Ops Navy Unspecified Worldwide 

Locations 

Services Account .......................................................... 19,615 19,615 

FH Ops Navy Unspecified Worldwide 

Locations 

Utilities Account .......................................................... 80,860 80,860 

Total Family Housing Operation & Maintenance, Navy and Marine Corps 378,230 378,230 

Worldwide Unspecified 

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 

Furnishings Account .................................................... 20 20 

FH Ops DW Unspecified Worldwide 

Locations 

Leasing ......................................................................... 35,333 35,333 

FH Ops DW Unspecified Worldwide 

Locations 

Leasing ......................................................................... 10,822 10,822 

FH Ops DW Unspecified Worldwide 

Locations 

Maintenance of Real Property ..................................... 567 567 

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 

Services Account .......................................................... 31 31 

FH Ops DW Unspecified Worldwide 

Locations 

Utilities Account .......................................................... 283 283 

FH Ops DW Unspecified Worldwide 

Locations 

Utilities Account .......................................................... 12 12 

Total Family Housing Operation & Maintenance, Defense-Wide 52,238 52,238 

Worldwide Unspecified 

FHIF Unspecified Worldwide 

Locations 

Family Housing Improvement Fund ........................... 1,786 1,786 

mstockstill on DSK4VPTVN1PROD with BILLS

987 

•HR 4310 RH

SEC. 4601. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/Country and 

Installation Project Title Budget Request 

House Agreement 

Total DOD Family Housing Improvement Fund 1,786 1,786 

Worldwide Unspecified 

BRAC 05 Unspecified Worldwide 

Locations 

Comm Add 3: Galena Fol, AK .................................... 1,337 1,337 

BRAC 05 Unspecified Worldwide 

Locations 

Don–100: Planing, Design and Management .............. 5,038 5,038 

BRAC 05 Unspecified Worldwide 

Locations 

Don–101: Various Locations ....................................... 4,176 4,176 

BRAC 05 Unspecified Worldwide 

Locations 

Don–138: NAS Brunswick, ME .................................. 4,897 4,897 

BRAC 05 Unspecified Worldwide 

Locations 

Don–157: Mcsa Kansas City, MO ............................... 39 39 

BRAC 05 Unspecified Worldwide 

Locations 

Don–168: Ns Newport, RI .......................................... 1,742 1,742 

BRAC 05 Unspecified Worldwide 

Locations 

Don–172: NWS Seal Beach, Concord, CA .................. 2,129 2,129 

BRAC 05 Unspecified Worldwide 

Locations 

Don–84: JRB Willow Grove & Cambria Reg Ap ........ 189 189 

BRAC 05 Unspecified Worldwide 

Locations 

Ind–106: Kansas Army Ammunition Plant, KS ......... 7,280 7,280 

BRAC 05 Unspecified Worldwide 

Locations 

Ind–110: Mississippi Army Ammo Plant, MS ............. 160 160 

BRAC 05 Unspecified Worldwide 

Locations 

Ind–112: River Bank Army Ammo Plant, CA ............ 22,431 22,431 

BRAC 05 Unspecified Worldwide 

Locations 

Ind–119: Newport Chemical Depot, in ........................ 197 197 

BRAC 05 Unspecified Worldwide 

Locations 

Ind–122: Lone Star Army Ammo Plant, TX .............. 11,379 11,379 

BRAC 05 Unspecified Worldwide 

Locations 

Med–2: Walter Reed Nmmc, Bethesda, MD ............... 7,787 7,787 

BRAC 05 Unspecified Worldwide 

Locations 

Med–57: Brooks City Base, TX .................................. 326 326 

BRAC 05 Unspecified Worldwide 

Locations 

Program Management Various Locations ................... 20,453 20,453 

BRAC 05 Unspecified Worldwide 

Locations 

Program Management Various Locations ................... 605 605 

BRAC 05 Unspecified Worldwide 

Locations 

Usa–113: Fort Monroe, VA ......................................... 12,184 12,184 

BRAC 05 Unspecified Worldwide 

Locations 

Usa–121: Fort Gillem, GA .......................................... 4,976 4,976 

BRAC 05 Unspecified Worldwide 

Locations 

Usa–167: USAR Command and Control—NE ........... 175 175 

BRAC 05 Unspecified Worldwide 

Locations 

Usa–212: USAR Cmd & Cntrl—New England ........... 222 222 

BRAC 05 Unspecified Worldwide 

Locations 

Usa–222: Fort Mcpherson, GA ................................... 6,772 6,772 

BRAC 05 Unspecified Worldwide 

Locations 

Usa–223: Fort Monmouth, NJ .................................... 9,989 9,989 

BRAC 05 Unspecified Worldwide 

Locations 

Usa–236: Rc Transformation in CT ........................... 557 557 

BRAC 05 Unspecified Worldwide 

Locations 

Usa–242: Rc Transformation in NY ........................... 172 172 

BRAC 05 Unspecified Worldwide 

Locations 

Usa–253: Rc Transformation in PA ........................... 100 100 

BRAC 05 Unspecified Worldwide 

Locations 

Usa–36: Red River Army Depot .................................. 1,385 1,385 

Total Base Realignment and Closure Account 2005 126,697 126,697 

Worldwide Unspecified 

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 

BRAC IV Base Realignment & 

Closure, Navy 

Base Realignment & Closure ....................................... 146,951 146,951 

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 

mstockstill on DSK4VPTVN1PROD with BILLS

988 

•HR 4310 RH

SEC. 4601. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/Country and 

Installation Project Title Budget Request 

House Agreement 

Total Military Construction 11,222,710 10,838,192 

mstockstill on DSK4VPTVN1PROD with BILLS

989 

•HR 4310 RH

1 SEC. 4602. MILITARY CONSTRUCTION FOR OVERSEAS CON2 TINGENCY OPERATIONS. 

SEC. 4602. MILITARY CONSTRUCTION FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Account State/Country and 

Installation Project Title Budget Request 

House Agreement 

BAHRAIN ISLAND 

Navy SW ASIA COMBINED DINING FACILITY ............................. 0 9,819 

Navy SW ASIA TRANSIENT QUARTERS ........................................ 0 41,529 

DJIBOUTI 

Navy CAMP LEMONIER, 

DJIBOUTI 

CONTAINERIZED LIVING AND WORK UNITS .. 0 7,510 

Navy CAMP LEMONIER, 

DJIBOUTI 

FITNESS CENTER ................................................... 0 26,960 

Navy CAMP LEMONIER, 

DJIBOUTI 

GALLEY ADDITION AND WAREHOUSE ............. 0 22,220 

Navy CAMP LEMONIER, 

DJIBOUTI 

JOINT HQ/JOINT OPERATIONS CENTER FACILITY.0 42,730 

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 

mstockstill on DSK4VPTVN1PROD with BILLS

990 

•HR 4310 RH

1 TITLE XLVII—DEPARTMENT OF 

2 ENERGY NATIONAL SECURITY 

3 PROGRAMS 

4 SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY 

5 PROGRAMS. 

SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS 

(In Thousands of Dollars) 

Program FY 2013 

Request 

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 

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: 

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SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS 

(In Thousands of Dollars) 

Program FY 2013 

Request 

House Authorized 

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 

Nuclear operations capability support ........................................................ 203,346 203,346 

Subtotal, Readiness in technical base and facilities .................... 1,789,694 1,789,694 

Construction: 

13–D–301 Electrical infrastructure upgrades, LANL/LLNL ........... 23,000 23,000 

12–D–301 TRU waste facilities, LANL ............................................. 24,204 24,204 

11–D–801 TA–55 Reinvestment project, LANL ............................... 8,889 8,889 

10–D–501 Nuclear facilities risk reduction Y–12 National security 

complex, Oakridge, TN ................................................................... 17,909 17,909 

09–D–404 Test capabilities revitalization II, Sandia National Laboratories, Albuquerque, NM ............................................................ 11,332 11,332 

08–D–802 High explosive pressing facility Pantex Plant, Amarillo, 

TX ................................................................................................... 24,800 24,800 

06–D–141 PED/Construction, UPF Y–12 , Oak Ridge, TN ............ 340,000 340,000 

04–D–125 Chemistry and metallurgy facility replacement project, 

Los Alamos National Laboratory, Los Alamos, NM ...................... 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 

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SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS 

(In Thousands of Dollars) 

Program FY 2013 

Request 

House Authorized 

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 

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, 

Naval Reactor Facility, ID ..................................................................... 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 

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 

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SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS 

(In Thousands of Dollars) 

Program FY 2013 

Request 

House Authorized 

Defense Environmental Cleanup 

Closure sites: 

Closure sites administration ....................................................................... 1,990 1,990 

Hanford site: 

River corridor and other cleanup operations .............................................. 389,347 389,347 

Central plateau remediation ....................................................................... 558,820 558,820 

Richland community and regulatory support ............................................. 15,156 15,156 

Total, Hanford site ..................................................................................... 963,323 963,323 

Idaho National Laboratory: 

Idaho cleanup and waste disposition .......................................................... 396,607 396,607 

Idaho community and regulatory support .................................................. 3,000 3,000 

Total, Idaho National Laboratory ........................................................ 399,607 399,607 

NNSA sites 

Lawrence Livermore National Laboratory ................................................. 1,484 1,484 

Nuclear facility D & D Separations Process Research Unit ...................... 24,000 24,000 

Nevada ........................................................................................................ 64,641 64,641 

Sandia National Laboratories .................................................................... 5,000 5,000 

Los Alamos National Laboratory ............................................................... 239,143 239,143 

Total, NNSA sites and Nevada off-sites .............................................. 334,268 334,268 

Oak Ridge Reservation: 

Building 3019 ............................................................................................. 67,525 67,525 

OR cleanup and disposition ........................................................................ 109,470 109,470 

OR reservation community and regulatory support ................................... 4,500 4,500 

Total, Oak Ridge Reservation ................................................................ 181,495 181,495 

Office of River Protection: 

Waste treatment and immobilization plant 

01–D–416 A-E/ORP-0060 / Major construction ................................ 690,000 690,000 

Tank farm activities 

Rad liquid tank waste stabilization and disposition ........................... 482,113 482,113 

Total, Office of River protection ........................................................... 1,172,113 1,172,113 

Savannah River sites: 

Savannah River risk management operations ............................................ 444,089 444,089 

SR community and regulatory support ...................................................... 16,584 16,584 

Radioactive liquid tank waste: 

Radioactive liquid tank waste stabilization and disposition ............... 698,294 698,294 

Construction: 

05–D–405 Salt waste processing facility, Savannah River ........ 22,549 22,549 

PE&D glass waste storage building #3 ...................................... 0 0 

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 

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SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS 

(In Thousands of Dollars) 

Program FY 2013 

Request 

House Authorized 

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 

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•HR 4310 RH

Amend the title so as to read: ‘‘A bill 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.’’. 

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Union Calendar No. 335 

112TH CONGRESS 

2D SESSION H. R. 4310 

[Report No. 112–479] 

A BILL 

To authorize appropriations for fiscal year 2013 for 

cal year 2013, and for other purposes. to prescribe military personnel strengths for fismilitary activities of the Department of Defense, 

MAY 11, 2012 

Reported with amendments, committed to the Committee 

dered to be printed of the Whole House on the State of the Union, and ormstockstill on DSK4VPTVN1PROD with BILLS