I 

112TH CONGRESS 

2D SESSION H. R. 4310 

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 

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. 

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. TABLE OF CONTENTS. 

Sec. 1. Short title. 

Sec. 2. Table of contents. 


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TITLE I—PROCUREMENT 

Subtitle A—Authorization of Appropriations 

Sec. 101. Army. 

Sec. 102. Navy and Marine Corps. 

Sec. 103. Air Force. 

Sec. 104. Defense-wide activities. 

Sec. 105. Joint Improvised Explosive Device Defeat Fund. 

Sec. 106. Defense Production Act purchases. 

Subtitle B—Specific Programs 

Sec. 111. Multiyear procurement authority for Army Ch–47F helicopters. 

Sec. 112. Multiyear procurement authority for Arleigh Burke class destroyers 

and associated systems. 

Sec. 113. Multiyear procurement authority for V–22 joint aircraft program. 

Sec. 114. Refueling and complex overhaul of the U.S.S. Abraham Lincoln. 

Sec. 115. Multiyear procurement authority for Virginia class submarine program. 

Sec. 116. Extension of multiyear procurement authority for F/A–18E, F/A– 

18F, and EA–18G aircraft. 

Sec. 117. Authority for reallocation of certain aegis weapon system assets between and within the DDG–51 destroyer and Aegis Ashore 

programs in order to meet mission requirements. 

Sec. 118. Reduction in number of aircraft required to be maintained in strategic airlift aircraft inventory. 

Sec. 119. Quadrennial long-term plan for the procurement of aircraft for the 

Navy and the Air Force. 

TITLE II—RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

Sec. 201. Authorization of appropriations. 

Sec. 202. Eligibility for Department of Defense laboratories to enter into educational partnerships with educational institutions in United 

States territories and possessions. 

TITLE III—OPERATION AND MAINTENANCE 

Sec. 301. Operation and maintenance funding. 

Sec. 302. Repeal of redundant authority to ensure interoperability of law enforcement and emergency responder training. 

Sec. 303. Repeal of certain record keeping and reporting requirements applicable to commissary and exchange stores overseas. 

TITLE IV—MILITARY PERSONNEL AUTHORIZATIONS 

Subtitle A—Active Forces 

Sec. 401. End strengths for active forces. 

Subtitle B—Reserve Forces 

Sec. 411. End strengths for Selected Reserve. 

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

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

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


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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 AUTHORIZATIONS 

Subtitle A—Officer Personnel Policy 

Sec. 501. Exception to 30-year retirement for Regular Navy warrant officers in 

the grade of Chief Warrant Officer, W–5. 

Sec. 502. Standardization of grade for certain medical and dental branch chief 

positions. 

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

Subtitle B—Reserve Component Management 

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

Sec. 512. Placement of National Guard non-dual status technicians in the excepted service with all dual status National Guard technicians. 

Subtitle C—Education and Training 

Sec. 521. Inclusion of the school of Advanced Military Studies Senior Level 

Course as a Senior Level service school. 

Sec. 522. Support of Naval Academy athletic programs. 

Sec. 523. Modification of eligibility for associate degree programs under the 

Community College of the Air Force. 

Sec. 524. Repeal of requirement that at least 50 percent of participants in Senior Reserve Officers’ Training Corps program be eligible for inState tuition. 

Sec. 525. Consolidation of military department authority to issue arms, tentage, 

and equipment to educational institutions not maintaining 

units of junior ROTC. 

Subtitle D—Other Matters 

Sec. 541. Air Force Chief and Deputy Chief of Chaplains. 

Sec. 542. Authority for additional behavioral health professionals to conduct 

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

Sec. 543. Clarification and enhancement of the role of the Staff Judge Advocate to the Commandant of the Marine Corps. 

TITLE VI—COMPENSATION AND OTHER PERSONNEL BENEFITS 

Sec. 601. Transitional compensation for dependent children who were carried 

during pregnancy at the time of the dependent-abuse offense. 

TITLE VII—HEALTH CARE PROVISIONS 

Sec. 701. Revisions to TRICARE cost sharing requirements. 

Sec. 702. Requirement for Medicare participating physician or supplier to accept TRICARE and veterans affairs participating rates. 


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TITLE VIII—ACQUISITION POLICY, ACQUISITION MANAGEMENT, 

AND RELATED MATTERS 

Sec. 801. Reduction in requirements for submission of Selected Acquisition Reports for major defense acquisition programs. 

Sec. 802. Authorization for entering into multiyear contracts with Federally 

Funded Research and Development Centers. 

Sec. 803. Authority for the Secretary of Defense to provide fee-for-service inspection and testing by the Defense Contract Management 

Agency for certain critical equipment in the absence of a procurement contract. 

Sec. 804. Elimination of continuous-days-of-session requirement for congressional notification of the lease of certain vessels by the Department of Defense. 

Sec. 805. Disestablishment of Defense Materiel Readiness Board. 

TITLE IX—DEPARTMENT OF DEFENSE ORGANIZATION AND 

MANAGEMENT 

Subtitle A—Intelligence-Related Matters 

Sec. 901. Technical amendments to reflect change in name of National Defense 

Intelligence College to National Intelligence University. 

Subtitle B—Space Activities 

Sec. 911. Revisions to policy on development and procurement of unmanned 

systems. 

Sec. 912. Repeal of requirement for biennial report on Global Positioning System. 

TITLE X—GENERAL PROVISIONS 

Sec. 1001. Technical amendments to repeal statutory references to United 

States Joint Forces Command. 

Sec. 1002. Redesignation of the Center for Hemispheric Defense Studies as the 

William J. Perry Center for Hemispheric Defense Studies. 

TITLE XIII—OTHER AUTHORIZATIONS 

Subtitle A—Military Programs 

Sec. 1301. Working capital funds. 

Sec. 1302. National Defense Sealift Fund. 

Sec. 1303. Joint Urgent Operational Needs Fund. 

Sec. 1304. Chemical Agents and Munitions Destruction, Defense. 

Sec. 1305. Drug Interdiction and Counter-Drug Activities, Defense-Wide. 

Sec. 1306. Defense Inspector General. 

Sec. 1307. Defense Health Program. 

Subtitle B—Other Matters 


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Sec. 1311. Authorization of appropriations for Armed Forces Retirement 

Home. 

TITLE XIV—AUTHORIZATION OF ADDITIONAL APPROPRIATIONS 

FOR OVERSEAS CONTINGENCY OPERATIONS FOR FISCAL YEAR 

2013 

Sec. 1401. Purpose. 

Sec. 1402. Army procurement. 

Sec. 1403. Joint Improvised Explosive Device Defeat Fund. 

Sec. 1404. Navy and Marine Corps procurement. 

Sec. 1405. Air Force procurement. 

Sec. 1406. Joint Urgent Operational Needs Fund. 

Sec. 1407. Defense-wide activities procurement. 

Sec. 1408. Research, development, test, and evaluation. 

Sec. 1409. Operation and maintenance. 

Sec. 1410. Military personnel. 

Sec. 1411. Working Capital Funds. 

Sec. 1412. Defense Health Program. 

Sec. 1413. Drug Interdiction and Counter-Drug Activities, Defense-Wide. 

Sec. 1414. Defense Inspector General. 

Sec. 1415. Afghanistan Security Forces Fund. 

1 TITLE I—PROCUREMENT 

2 Subtitle A—Authorization of 

3 Appropriations 

4 SEC. 101. ARMY. 

5 Funds are hereby authorized to be appropriated for 

6 fiscal year 2013 for procurement for the Army as follows: 

7 (1) For aircraft, $5,853,729,000. 

8 (2) For missiles, $1,302,689,000. 

9 (3) For weapons and tracked combat vehicles, 

10 $1,501,706,000. 

11 (4) For ammunition, $1,739,706,000. 

12 (5) For other procurement, $6,326,245,000. 


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1 SEC. 102. NAVY AND MARINE CORPS. 

2 Funds are hereby authorized to be appropriated for 

3 fiscal year 2013 for procurement for the Navy and Marine 

4 Corps as follows: 

5 (1) For aircraft, $17,129,296,000. 

6 (2) For weapons, including missiles and tor7 pedoes, $3,117,578,000. 

8 (3) For shipbuilding and conversion, 

9 $13,579,845,000. 

10 (4) For other procurement, $6,169,378,000. 

11 (5) For procurement, Marine Corps, 

12 $1,622,955,000. 

13 (6) For ammunition procurement, Navy and 

14 Marine Corps, $759,539,000. 

15 SEC. 103. AIR FORCE. 

16 (a) FISCAL YEAR 2013.—Funds are hereby author17 ized to be appropriated for fiscal year 2013 for procure18 ment for the Air Force as follows: 

19 (1) For aircraft, $11,002,999,000. 

20 (2) For ammunition, $599,194,000. 

21 (3) For missiles, $5,491,846,000. 

22 (4) For other procurement, $16,720,848,000. 

23 (b) ADVANCE APPROPRIATIONS.—Funds, in the form 

24 of advance appropriations, are hereby authorized to be ap25 propriated for procurement of missiles for the Air Force 

26 to fully fund the procurement of Advanced Extremely 


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1 High Frequency communications satellites 5 and 6 and 

2 Space Based Infrared System missile warning satellites 5 

3 and 6, as follows: 

4 (1) For fiscal year 2014, $833,500,000. 

5 (2) For fiscal year 2015, $763,900,000. 

6 (3) For fiscal year 2016, $708,400,000. 

7 (4) For fiscal year 2017, $1,107,200,000. 

8 (5) For fiscal year 2018, $1,013,700,000. 

9 SEC. 104. DEFENSE-WIDE ACTIVITIES. 

10 Funds are hereby authorized to be appropriated for 

11 fiscal year 2013 for Defense-wide procurement in the 

12 amount of $4,187,935,000. 

13 SEC. 105. JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT 

14 FUND. 

15 Funds are hereby authorized to be appropriated for 

16 fiscal year 2013 for the Joint Improvised Explosive Device 

17 Defeat Fund in the amount of $227,414,000. 

18 SEC. 106. DEFENSE PRODUCTION ACT PURCHASES. 

19 Funds are hereby authorized to be appropriated for 

20 fiscal year 2013 for purchases under the Defense Produc21 tion Act of 1950 (50 U.S.C. App. 2061 et seq.) in the 

22 amount of $89,189,000. 


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1 Subtitle B—Specific Programs 

2 SEC. 111. MULTIYEAR PROCUREMENT AUTHORITY FOR 

3 ARMY CH–47F HELICOPTERS. 

4 (a) AUTHORITY FOR MULTIYEAR PROCUREMENT.— 

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

6 the Secretary of the Army may enter into a multiyear con7 tract or contracts, beginning with the fiscal year 2013 pro8 gram year, for the procurement of airframes for CH–47F 

9 helicopters. 

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

12 shall provide that any obligation of the United States to 

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

14 fiscal year 2013 is subject to the availability of appropria15 tions for that purpose for such later fiscal year. 

16 SEC. 112. MULTIYEAR PROCUREMENT AUTHORITY FOR 

17 ARLEIGH BURKE CLASS DESTROYERS AND 

18 ASSOCIATED SYSTEMS. 

19 (a) AUTHORITY FOR MULTIYEAR PROCUREMENT.— 

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

21 the Secretary of the Navy may enter into multiyear con22 tracts, beginning with the fiscal year 2013 program year, 

23 for the procurement of Arleigh Burke class guided missile 

24 destroyers, as well as the AEGIS Weapon Systems, MK 


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1 41 Vertical Launching Systems, and Commercial 

2 Broadband Satellite Systems associated with those vessels. 

3 (b) AUTHORITY FOR ADVANCE PROCUREMENT.—The 

4 Secretary of the Navy may enter into one or more con5 tracts, beginning in fiscal year 2013, for advance procure6 ment associated with the vessels and systems for which 

7 authorization to enter into a multiyear procurement con8 tract is provided under subsection (a). 

9 (c) CONDITION FOR OUT-YEAR CONTRACT PAY10 MENTS.—A contract entered into under subsection (a) 

11 shall provide that any obligation of the United States to 

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

13 fiscal year 2013 is subject to the availability of appropria14 tions or funds for that purpose for such later fiscal year. 

15 SEC. 113. MULTIYEAR PROCUREMENT AUTHORITY FOR V–22 

16 JOINT AIRCRAFT PROGRAM. 

17 (a) AUTHORITY FOR MULTIYEAR PROCUREMENT.— 

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

19 the Secretary of the Navy may enter into a multiyear con20 tract or contracts, beginning with the fiscal year 2013 pro21 gram year, for the procurement of V–22 aircraft for the 

22 Department of the Navy, Department of the Air Force 

23 and the United States Special Operations Command. 

24 (b) CONDITION FOR OUT-YEAR CONTRACT PAY25 MENTS.—A contract entered into under subsection (a) 


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1 shall provide that any obligation of the United States to 

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

3 fiscal year 2013 is subject to the availability of appropria4 tions for that purpose for such later fiscal year. 

5 SEC. 114. REFUELING AND COMPLEX OVERHAUL OF THE 

6 U.S.S. ABRAHAM LINCOLN. 

7 (a) AMOUNT AUTHORIZED FROM SCN ACCOUNT.— 

8 Of the amount appropriated or otherwise made available 

9 for shipbuilding and conversion, Navy, for fiscal year 

10 2013, $1,613,392,000 is authorized to be available for the 

11 commencement of the nuclear refueling and complex over12 haul of the U.S.S. Abraham Lincoln (CVN–72) during fis13 cal year 2013. The amount authorized to be made avail14 able in the preceding sentence is the first increment in 

15 the two-year sequence of incremental funding planned for 

16 the nuclear refueling and complex overhaul of that vessel. 

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

18 Navy is authorized to enter into a contract during fiscal 

19 year 2013 for the nuclear refueling and complex overhaul 

20 of the U.S.S. Abraham Lincoln. 

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

23 shall provide that any obligation of the United States to 

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


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1 fiscal year 2013 is subject to the availability of appropria2 tions for that purpose for that later fiscal year. 

3 SEC. 115. MULTIYEAR PROCUREMENT AUTHORITY FOR VIR4 GINIA CLASS SUBMARINE PROGRAM. 

5 (a) AUTHORITY FOR MULTIYEAR PROCUREMENT.— 

6 The Secretary of the Navy may, in accordance with section 

7 2306b of title 10, United States Code, enter into multiyear 

8 contracts, beginning with the fiscal year 2014 program 

9 year, for procurement of Virginia class submarines and 

10 Government-furnished equipment associated with the Vir11 ginia class submarine program. 

12 (b) AUTHORITY FOR ADVANCE PROCUREMENT.—The 

13 Secretary of the Navy may enter into one or more con14 tracts, beginning in fiscal year 2013, for advance procure15 ment associated with the vessels and equipment for which 

16 authorization to enter into a multiyear procurement con17 tract is provided under subsection (a). 

18 (c) CONDITION FOR OUT-YEAR CONTRACT PAY19 MENTS.—A contract entered into under subsection (a) 

20 shall provide that any obligation of the United States to 

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

22 fiscal year 2014 is subject to the availability of appropria23 tions or funds for that purpose for such later fiscal year. 


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1 SEC. 116. EXTENSION OF MULTIYEAR PROCUREMENT AU2 THORITY FOR F/A–18E, F/A–18F, AND EA–18G 

3 AIRCRAFT. 

4 Section 128 of the National Defense Authorization 

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

6 2217), as amended by Public Law 111–238 (124 Stat. 

7 2500), is further amended by adding at the end the fol8 lowing new subsection: 

9 ‘‘(f) EXTENSION OF MULTIYEAR AUTHORITY.—With 

10 respect to a multiyear contract entered into under sub11 section (a), the Secretary of the Navy may, notwith12 standing any provision of section 2306b of title 10, United 

13 States Code, to the contrary, modify such contract to add 

14 a fifth production year to the contract.’’. 

15 SEC. 117. AUTHORITY FOR REALLOCATION OF CERTAIN 

16 AEGIS WEAPON SYSTEM ASSETS BETWEEN 

17 AND WITHIN THE DDG–51 DESTROYER AND 

18 AEGIS ASHORE PROGRAMS IN ORDER TO 

19 MEET MISSION REQUIREMENTS. 

20 (a) AUTHORITY.—Notwithstanding any other provi21 sion of law, the Secretary of the Navy is authorized to 

22 provide Aegis Weapon System (AWS) equipment with Bal23 listic Missile Defense (BMD) capability to the Missile De24 fense Agency (MDA) for use in its Aegis Ashore System 

25 for installation in the country designated as Host Nation 

26 #1 (HN–1) by transferring to MDA such equipment proVerDate Mar 15 2010 04:18 Apr 04, 2012 Jkt 019200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H4310.IH H4310

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1 cured with prior-year Shipbuilding and Conversion, Navy 

2 (SCN) appropriations for the DDG–51 Destroyer Pro3 gram. The Secretary of the Navy is further authorized to 

4 make adjustments in equipment deliveries in accordance 

5 with subparagraph (a)(2) of this section as needed to sup6 port shipbuilding schedules for affected ships. The Sec7 retary of the Navy is further authorized to install on an 

8 SCN-funded DDG–51 Class Destroyer, AWS equipment 

9 with BMD capability procured using appropriations for 

10 Research, Development, Test and Evaluation, Defense11 Wide (RDT&E,DW). The authority of the Secretary of the 

12 Navy under this section shall consist of the following spe13 cific authorizations: 

14 (1) The Secretary of the Navy may transfer 

15 AWS equipment with BMD capability procured for 

16 the DDG–51 Destroyer Program in FY 2010 and 

17 FY 2011 to MDA for installation in a shore-based 

18 AWS in the country designated as HN–1. 

19 (2) The Secretary of the Navy may obligate 

20 funds appropriated under the subdivision of appro21 priations ‘‘DDG–51 Destroyer’’ under the heading 

22 ‘‘Shipbuilding and Conversion, Navy’’ for FY 2012, 

23 or may use any AWS assets acquired with such 

24 funds, to deliver complete, mission-ready AWS with 


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1 BMD capability to any DDG–51 Class Destroyer for 

2 which SCN funds were appropriated in FY 2011. 

3 (3) The Director, MDA shall transfer AWS 

4 equipment with BMD capability procured for instal5 lation in a shore-based AWS to the Department of 

6 the Navy for the DDG–51 Destroyer Program to re7 place equipment transferred to MDA under the au8 thority of subparagraph (a)(1). Notwithstanding the 

9 appropriation that funded the acquisition of such re10 placement equipment, the Secretary of the Navy 

11 shall fund all work necessary to complete construc12 tion and outfitting of any recipient DDG–51 Class 

13 Destroyer in the same manner as if the replacement 

14 equipment had been acquired using SCN appropria15 tions. 

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

17 section shall be construed to repeal or otherwise modify 

18 in any way the limitation on obligation or expenditure of 

19 funds for missile defense interceptors in Europe as speci20 fied in section 223 of the Ike Skelton National Defense 

21 Authorization Act for Fiscal Year 2011 (Public Law 111– 

22 383). 


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1 SEC. 118. REDUCTION IN NUMBER OF AIRCRAFT REQUIRED 

2 TO BE MAINTAINED IN STRATEGIC AIRLIFT 

3 AIRCRAFT INVENTORY. 

4 (a) REDUCTION IN INVENTORY REQUIREMENT.— 

5 Section 8062(g)(1) of title 10, United States Code, is 

6 amended— 

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

8 and inserting ‘‘The’’; and 

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

10 ‘‘275 aircraft’’. 

11 (b) MODIFICATION OF CERTIFICATION REQUIRE12 MENT.—Subsection (d)(3)(B) of section 137 of the Na13 tional Defense Authorization Act for Fiscal Year 2010 

14 (Public Law 111–84; 123 Stat. 2221) is amended by strik15 ing ‘‘316 strategic airlift aircraft’’ and inserting ‘‘275 

16 strategic airlift aircraft’’. 

17 SEC. 119. QUADRENNIAL LONG-TERM PLAN FOR THE PRO18 CUREMENT OF AIRCRAFT FOR THE NAVY 

19 AND THE AIR FORCE. 

20 (a) IN GENERAL.—Section 231a of title 10, United 

21 States Code, is amended to read as follows: 

22 ‘‘§ 231a. Long-range plan for procurement of aircraft 

23 for the navy and air force 

24 ‘‘(a) QUADRENNIAL AIRCRAFT PROCUREMENT

25 PLAN.—At the same time that the budget of the President 

26 is submitted under section 1105(a) of title 31 during each 


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1 year in which the Secretary of Defense submits a quadren2 nial defense review, the Secretary of Defense shall submit 

3 to the congressional defense committees a long-range plan 

4 for the procurement of covered aircraft for the Depart5 ment of the Navy and the Department of the Air Force 

6 that supports the aviation force structure recommenda7 tions of the quadrennial defense review. 

8 ‘‘(b) MATTERS INCLUDED.—Each aircraft procure9 ment plan under subsection (a) shall include the following: 

10 ‘‘(1) A detailed schedule for procurement of 

11 covered aircraft for the Department of the Navy and 

12 the Department of the Air Force for the 10-year pe13 riod beginning on the date on which the plan is sub14 mitted. 

15 ‘‘(2) A notional procurement schedule for the 

16 20-year period beginning on the date that is 10 

17 years after the date on which the plan is submitted. 

18 ‘‘(3) For the procurement schedules under 

19 paragraph (1)— 

20 ‘‘(A) the estimated levels of annual funding 

21 necessary to carry out such schedule; 

22 ‘‘(B) a determination by the Director of 

23 Cost Assessment and Program Evaluation of 

24 the level of funding necessary to carry out such 

25 schedules; and 


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1 ‘‘(C) an evaluation by the Director of the 

2 potential risk associated with such schedules, 

3 including detailed effects on operational plans, 

4 missions, deployment schedules, and fulfillment 

5 of the requirements of the commanders of the 

6 combatant commands. 

7 ‘‘(c) ASSESSMENT WHEN AIRCRAFT PROCUREMENT

8 BUDGET IS INSUFFICIENT.—If the budget for a fiscal 

9 year provides for funding of the procurement of covered 

10 aircraft for either the Department of the Navy or the De11 partment of the Air Force at a level that is less than the 

12 level determined necessary by the Director of Cost Assess13 ment and Program Evaluation under subsection 

14 (b)(3)(B), the Secretary of Defense shall include with the 

15 defense budget materials for that fiscal year an assess16 ment that describes and discusses the risks associated 

17 with the budget, including the risk associated with a re18 duced force structure of aircraft that may result from 

19 funding covered aircraft procurement at such level. 

20 ‘‘(d) CBO EVALUATION.—Not later than 60 days 

21 after the date on which the congressional defense commit22 tees receive the plan under subsection (a), the Director 

23 of the Congressional Budget Office shall submit to such 

24 committees a report assessing the sufficiency of the esti25 mated levels of annual funding included in such plan with 


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1 respect to the budget submitted during the year in which 

2 the plan is submitted and the future-years defense pro3 gram submitted under section 221 of this title. 

4 ‘‘(e) DEFINITIONS.—In this section: 

5 ‘‘(1) The term ‘covered aircraft’ means the fol6 lowing: 

7 ‘‘(A) Fighter aircraft. 

8 ‘‘(B) Attack aircraft. 

9 ‘‘(C) Bomber aircraft. 

10 ‘‘(D) Strategic lift aircraft. 

11 ‘‘(E) Intratheater lift aircraft. 

12 ‘‘(F) Intelligence, surveillance, and recon13 naissance aircraft. 

14 ‘‘(G) Tanker aircraft. 

15 ‘‘(H) Any other major support aircraft 

16 designated by the Secretary of Defense for pur17 poses of this section. 

18 ‘‘(2) The term ‘budget’, with respect to a fiscal 

19 year, means the budget for that fiscal year that is 

20 submitted to Congress by the President under sec21 tion 1105(a) of title 31. 

22 ‘‘(3) The term ‘defense budget materials’, with 

23 respect to a fiscal year, means the materials sub24 mitted to Congress by the Secretary of Defense in 

25 support of the budget for that fiscal year. 


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1 ‘‘(4) The term ‘quadrennial defense review’ 

2 means the review of the defense programs and poli3 cies of the United States that is carried out every 

4 four years under section 118 of this title.’’. 

5 (b) CLERICAL AMENDMENT.—The table of sections 

6 at the beginning of chapter 9 of such title is amended by 

7 striking the item relating to section 231a and inserting 

8 the following new item: 

‘‘231a. Long-range plan for procurement of aircraft for the Navy and the Air 

Force.’’. 

9 TITLE II—RESEARCH, DEVELOP10 MENT, TEST, AND EVALUA11 TION 

12 SEC. 201. AUTHORIZATION OF APPROPRIATIONS. 

13 Funds are hereby authorized to be appropriated for 

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

15 for research, development, test, and evaluation as follows: 

16 (1) For the Army, $8,929,415,000. 

17 (2) For the Navy, $16,882,877,000. 

18 (3) For the Air Force, $25,428,046,000. 

19 (4) For Defense-wide activities, 

20 $17,982,161,000. 

21 (5) For the Director of Operational Test and 

22 Evaluation, $185,268,000. 


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1 SEC. 202. ELIGIBILITY FOR DEPARTMENT OF DEFENSE 

2 LABORATORIES TO ENTER INTO EDU3 CATIONAL PARTNERSHIPS WITH EDU4 CATIONAL INSTITUTIONS IN UNITED STATES 

5 TERRITORIES AND POSSESSIONS. 

6 (a) ELIGIBILITY.—Section 2194(a) of title 10, 

7 United States Code, is amended by inserting ‘‘, the Com8 monwealth of Puerto Rico, the Commonwealth of the 

9 Northern Mariana Islands, and any possession of the 

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

11 (b) TECHNICAL AMENDMENT.—Paragraph (2) of 

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

13 before the period. 

14 TITLE III—OPERATION AND 

15 MAINTENANCE 

16 SEC. 301. OPERATION AND MAINTENANCE FUNDING. 

17 Funds are hereby authorized to be appropriated for 

18 fiscal year 2013 for the use of the Armed Forces and other 

19 activities and agencies of the Department of Defense for 

20 expenses, not otherwise provided for, for operation and 

21 maintenance, in amounts as follows: 

22 (1) For the Army, $36,608,592,000. 

23 (2) For the Navy, $41,606,943,000. 

24 (3) For the Marine Corps, $5,983,163,000. 

25 (4) For the Air Force, $35,435,360,000. 


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1 (5) For Defense-wide activities, 

2 $31,993,013,000. 

3 (6) For the Army Reserve, $3,162,008,000. 

4 (7) For the Navy Reserve, $1,246,982,000. 

5 (8) For the Marine Corps Reserve, 

6 $272,285,000. 

7 (9) For the Air Force Reserve, $3,166,482,000. 

8 (10) For the Army National Guard, 

9 $7,108,612,000. 

10 (11) For the Air National Guard, 

11 $6,015,455,000. 

12 (12) For the United States Court of Appeals 

13 for the Armed Forces, $13,516,000. 

14 (13) For the Department of Defense Acquisi15 tion Workforce Development Fund, $274,198,000. 

16 (14) For Environmental Restoration, Army, 

17 $335,921,000. 

18 (15) For Environmental Restoration, Navy, 

19 $310,594,000. 

20 (16) For Environmental Restoration, Air Force, 

21 $529,263,000. 

22 (17) For Environmental Restoration, Defense23 wide, $11,133,000. 

24 (18) For Environmental Restoration, Formerly 

25 Used Defense Sites, $237,543,000. 


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1 (19) For Overseas Humanitarian, Disaster, and 

2 Civic Aid programs, $108,759,000. 

3 (20) For Cooperative Threat Reduction pro4 grams, $519,111,000. 

5 SEC. 302. REPEAL OF REDUNDANT AUTHORITY TO ENSURE 

6 INTEROPERABILITY OF LAW ENFORCEMENT 

7 AND EMERGENCY RESPONDER TRAINING. 

8 Section 372 of title 10, United States Code, is 

9 amended— 

10 (1) by striking ‘‘(a) IN GENERAL.—’’ before 

11 ‘‘The Secretary of Defense’’; and 

12 (2) by striking subsection (b). 

13 SEC. 303. REPEAL OF CERTAIN RECORD KEEPING AND RE14 PORTING REQUIREMENTS APPLICABLE TO 

15 COMMISSARY AND EXCHANGE STORES OVER16 SEAS. 

17 (a) REPEAL.—Section 2489 of title 10, United States 

18 Code, is amended by striking subsections (b) and (c). 

19 (b) TECHNICAL AMENDMENTS.—Such section is fur20 ther amended— 

21 (1) by striking ‘‘(1)’’ after ‘‘(a) IN GENERAL.— 

22 ’’; 

23 (2) by redesignating paragraph (2) as sub24 section (b) and inserting ‘‘LIMITATIONS.—’’ before 

25 ‘‘In establishing’’; and 


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1 (3) by redesignating subparagraphs (A) and 

2 (B) as paragraphs (1) and (2), respectively. 

3 TITLE IV—MILITARY 

4 PERSONNEL AUTHORIZATIONS 

5 Subtitle A—Active Forces 

6 SEC. 401. END STRENGTHS FOR ACTIVE FORCES. 

7 The Armed Forces are authorized strengths for active 

8 duty personnel as of September 30, 2013, as follows: 

9 (1) The Army, 552,100. 

10 (2) The Navy, 322,700. 

11 (3) The Marine Corps, 197,300. 

12 (4) The Air Force, 328,900. 

13 Subtitle B—Reserve Forces 

14 SEC. 411. END STRENGTHS FOR SELECTED RESERVE. 

15 (a) IN GENERAL.—The Armed Forces are authorized 

16 strengths for Selected Reserve personnel of the reserve 

17 components as of September 30, 2013, as follows: 

18 (1) The Army National Guard of the United 

19 States, 358,200. 

20 (2) The Army Reserve, 205,000. 

21 (3) The Navy Reserve, 62,500. 

22 (4) The Marine Corps Reserve, 39,600. 

23 (5) The Air National Guard of the United 

24 States, 101,600. 

25 (6) The Air Force Reserve, 70,500. 


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1 (7) The Coast Guard Reserve, 9,000. 

2 (b) END STRENGTH REDUCTIONS.—The end 

3 strengths prescribed by subsection (a) for the Selected Re4 serve of any reserve component shall be proportionately 

5 reduced by— 

6 (1) the total authorized strength of units orga7 nized to serve as units of the Selected Reserve of 

8 such component which are on active duty (other 

9 than for training) at the end of the fiscal year; and 

10 (2) the total number of individual members not 

11 in units organized to serve as units of the Selected 

12 Reserve of such component who are on active duty 

13 (other than for training or for unsatisfactory partici14 pation in training) without their consent at the end 

15 of the fiscal year. 

16 (c) END STRENGTH INCREASES.—Whenever units or 

17 individual members of the Selected Reserve for any reserve 

18 component are released from active duty during any fiscal 

19 year, the end strength prescribed for such fiscal year for 

20 the Selected Reserve of such reserve component shall be 

21 increased proportionately by the total authorized strengths 

22 of such units and by the total number of such individual 

23 members. 


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1 SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE 

2 DUTY IN SUPPORT OF THE RESERVES. 

3 Within the end strengths prescribed in section 

4 411(a), the reserve components of the Armed Forces are 

5 authorized, as of September 30, 2013, the following num6 ber of Reserves to be serving on full-time active duty or 

7 full-time duty, in the case of members of the National 

8 Guard, for the purpose of organizing, administering, re9 cruiting, instructing, or training the reserve components: 

10 (1) The Army National Guard of the United 

11 States, 32,060. 

12 (2) The Army Reserve, 16,277. 

13 (3) The Navy Reserve, 10,114. 

14 (4) The Marine Corps Reserve, 2,261. 

15 (5) The Air National Guard of the United 

16 States, 14,305. 

17 (6) The Air Force Reserve, 2,888. 

18 SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS 

19 (DUAL STATUS). 

20 The minimum number of military technicians (dual 

21 status) as of the last day of fiscal year 2013 for the re22 serve components of the Army and the Air Force (notwith23 standing section 129 of title 10, United States Code) shall 

24 be the following: 

25 (1) For the Army Reserve, 8,445. 


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1 (2) For the Army National Guard of the United 

2 States, 28,380. 

3 (3) For the Air Force Reserve, 10,283. 

4 (4) For the Air National Guard of the United 

5 States, 21,101. 

6 SEC. 414. FISCAL YEAR 2013 LIMITATION ON NUMBER OF 

7 NON-DUAL STATUS TECHNICIANS. 

8 (a) LIMITATIONS.— 

9 (1) NATIONAL GUARD.—Within the limitation 

10 provided in section 10217(c)(2) of title 10, United 

11 States Code, the number of non-dual status techni12 cians employed by the National Guard as of Sep13 tember 30, 2013, may not exceed the following: 

14 (A) For the Army National Guard of the 

15 United States, 1,600. 

16 (B) For the Air National Guard of the 

17 United States, 350. 

18 (2) ARMY RESERVE.—The number of non-dual 

19 status technicians employed by the Army Reserve as 

20 of September 30, 2013, may not exceed 595. 

21 (3) AIR FORCE RESERVE.—The number of non22 dual status technicians employed by the Air Force 

23 Reserve as of September 30, 2013, may not exceed 

24 90. 


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1 (b) NON-DUAL STATUS TECHNICIANS DEFINED.—In 

2 this section, the term ‘‘non-dual status technician’’ has the 

3 meaning given that term in section 10217(a) of title 10, 

4 United States Code. 

5 SEC. 415. MAXIMUM NUMBER OF RESERVE PERSONNEL AU6 THORIZED TO BE ON ACTIVE DUTY FOR 

7 OPERATIONAL SUPPORT. 

8 During fiscal year 2013, the maximum number of 

9 members of the reserve components of the Armed Forces 

10 who may be serving at any time on full-time operational 

11 support duty under section 115(b) of title 10, United 

12 States Code, is the following: 

13 (1) The Army National Guard of the United 

14 States, 17,000. 

15 (2) The Army Reserve, 13,000. 

16 (3) The Navy Reserve, 6,200. 

17 (4) The Marine Corps Reserve, 3,000. 

18 (5) The Air National Guard of the United 

19 States, 16,000. 

20 (6) The Air Force Reserve, 14,000. 


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1 Subtitle C—Authorization of 

2 Appropriations 

3 SEC. 421. MILITARY PERSONNEL. 

4 (a) AUTHORIZATION OF APPROPRIATIONS.—There is 

5 hereby authorized to be appropriated for military per6 sonnel for fiscal year 2013 a total of $128,430,025,000. 

7 (b) CONSTRUCTION OF AUTHORIZATION.—The au8 thorization of appropriations in subsection (a) supersedes 

9 any other authorization of appropriations (definite or in10 definite) for such purpose for fiscal year 2013. 

11 TITLE V—MILITARY PERSONNEL 

12 AUTHORIZATIONS 

13 Subtitle A—Officer Personnel 

14 Policy 

15 SEC. 501. EXCEPTION TO 30-YEAR RETIREMENT FOR REG16 ULAR NAVY WARRANT OFFICERS IN THE 

17 GRADE OF CHIEF WARRANT OFFICER, W–5. 

18 (a) EXCEPTION TO 30-YEAR STATUTORY RETIRE19 MENT.—Paragraph (1) of section 1305(a) of title 10, 

20 United States Code, is amended— 

21 (1) by inserting ‘‘or a regular Navy warrant of22 ficer in the grade of chief warrant officer, W–5, ex23 empted under paragraph (3)’’ after ‘‘Army warrant 

24 officer’’; and 

25 (2) by striking ‘‘he’’ and inserting ‘‘the officer’’. 


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1 (b) MODIFICATION OF STATUTORY RETIREMENT

2 FROM 30 TO 33 YEARS FOR NAVY CHIEF WARRANT OF3 FICER, W–5.—Such section is further amended by adding 

4 at the end the following new paragraph: 

5 ‘‘(3) In the case of a regular Navy warrant offi6 cer in the grade of chief warrant officer, W–5, the 

7 officer shall be retired 60 days after the date on 

8 which the officer completes 33 years of total active 

9 service.’’. 

10 SEC. 502. STANDARDIZATION OF GRADE FOR CERTAIN 

11 MEDICAL AND DENTAL BRANCH CHIEF POSI12 TIONS. 

13 (a) ARMY.— 

14 (1) CHIEF OF NURSE CORPS.—Section 3069(b) 

15 of title 10, United States Code, is amended by strik16 ing ‘‘major general’’ in the second sentence and in17 serting ‘‘brigadier general’’. 

18 (2) DEPUTY AND ASSISTANT CHIEFS OF

19 BRANCHES.—Section 3039(b) of such title is amend20 ed by striking ‘‘major general’’ in the last sentence 

21 and inserting ‘‘brigadier general’’. 

22 (b) NAVY.— 

23 (1) CHIEF OF DENTAL CORPS.—Section 

24 5138(a) of such title is amended by striking ‘‘not 

25 below’’ and inserting ‘‘in’’. 


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1 (2) DIRECTOR OF NURSE CORPS.—Section 

2 5150(c) of such title is amended— 

3 (A) in the first sentence, by striking ‘‘rear 

4 admiral’’ the first place it appears and all that 

5 follows through ‘‘Service Corps’’ and inserting 

6 ‘‘rear admiral (lower half)’’; and 

7 (B) by striking the last sentence. 

8 (3) CONFORMING AMENDMENT.—Section 

9 526(a)(2) of such title is amended by striking ‘‘160’’ 

10 and inserting ‘‘161’’. 

11 (c) AIR FORCE.— 

12 (1) CHIEF OF NURSE CORPS.—Section 8069(b) 

13 of such title is amended by striking ‘‘major general’’ 

14 in the second sentence and inserting ‘‘brigadier gen15 eral’’. 

16 (2) ASSISTANT SURGEON GENERAL FOR DEN17 TAL SERVICES.—Section 8081 of such title is 

18 amended by striking ‘‘major general’’ in the second 

19 sentence and inserting ‘‘brigadier general’’. 

20 SEC. 503. REVISION TO DEFINITION OF JOINT DUTY AS21 SIGNMENT TO INCLUDE ALL INSTRUCTOR AS22 SIGNMENTS FOR JOINT TRAINING AND EDU23 CATION. 

24 Section 668(b)(2) of title 10, United States Code, is 

25 amended by striking ‘‘assignments for joint’’ and all that 


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1 follows through ‘‘Phase II’’ and inserting ‘‘student assign2 ments for joint training and education’’. 

3 Subtitle B—Reserve Component 

4 Management 

5 SEC. 511. AUTHORITY FOR PERSONS WHO ARE LAWFUL 

6 PERMANENT RESIDENTS TO BE APPOINTED 

7 AS OFFICERS OF THE NATIONAL GUARD. 

8 Section 313(b)(1) of title 32, United States Code, is 

9 amended by inserting ‘‘or have been lawfully admitted to 

10 the United States for permanent residence under the Im11 migration and Nationality Act (8 U.S.C. 1101 et seq.)’’ 

12 before the semicolon. 

13 SEC. 512. PLACEMENT OF NATIONAL GUARD NON-DUAL 

14 STATUS TECHNICIANS IN THE EXCEPTED 

15 SERVICE WITH ALL DUAL STATUS NATIONAL 

16 GUARD TECHNICIANS. 

17 Section 709(e) of title 32, United States Code, is 

18 amended in the second sentence— 

19 (1) by striking ‘‘However, a position’’ and in20 serting ‘‘A position’’; and 

21 (2) by striking ‘‘if the’’ and all that follows and 

22 inserting a period. 


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1 Subtitle C—Education and 

2 Training 

3 SEC. 521. INCLUSION OF THE SCHOOL OF ADVANCED MILI4 TARY STUDIES SENIOR LEVEL COURSE AS A 

5 SENIOR LEVEL SERVICE SCHOOL. 

6 Section 2151(b)(1) of title 10, United States Code, 

7 is amended by adding at the end the following new sub8 paragraph: 

9 ‘‘(E) The United States Army Command 

10 and General Staff College’s School of Advanced 

11 Military Studies Senior Level Course.’’. 

12 SEC. 522. SUPPORT OF NAVAL ACADEMY ATHLETIC PRO13 GRAMS. 

14 (a) IN GENERAL.—Chapter 603 of title 10, United 

15 States Code, is amended by adding at the end the fol16 lowing new section: 

17 ‘‘§ 6981. Support of athletic and physical fitness pro18 grams 

19 ‘‘(a) AUTHORITY.— 

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

21 may enter into agreements, including cooperative 

22 agreements (as described in section 6305 of title 

23 31), with the association to manage any aspect of 

24 the athletic and physical fitness programs of the 

25 Naval Academy. 


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1 ‘‘(2) ASSOCIATION DEFINED.—In this section, 

2 the term ‘association’ means the Naval Academy 

3 Athletic Association and its successors and assigns. 

4 ‘‘(b) AUTHORITY TO PROVIDE SUPPORT TO ASSOCIA5 TION.— 

6 ‘‘(1) AUTHORITY TO TRANSFER FUNDS TO THE

7 ASSOCIATION.—The Secretary may to transfer funds 

8 to the association to pay expenses incurred by the 

9 association in managing the athletic and physical fit10 ness programs of the Naval Academy. 

11 ‘‘(2) AUTHORITY TO PROVIDE OTHER SUP12 PORT.—The Secretary may provide personal prop13 erty and the services of members of the naval service 

14 and civilian personnel of the Department of the 

15 Navy to assist the association in managing the ath16 letic and physical fitness programs of the Naval 

17 Academy. 

18 ‘‘(c) ACCEPTANCE OF GIFTS FROM THE ASSOCIA19 TION.—The Secretary may accept from the association 

20 funds, supplies, and services for the support of the athletic 

21 and physical fitness programs of the Naval Academy. 

22 ‘‘(d) RECEIPT AND RETENTION OF FUNDS.— 

23 ‘‘(1) FUNDS RECEIVED FROM THE ASSOCIA24 TION.—The Secretary may receive from the associa25 tion funds generated by the athletic and physical fitVerDate Mar 15 2010 04:18 Apr 04, 2012 Jkt 019200 PO 00000 Frm 00033 Fmt 6652 Sfmt 6201 E:\BILLS\H4310.IH H4310

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1 ness programs of the Naval Academy and any other 

2 activity of the association and to retain and use such 

3 funds to further the mission of the Naval Academy. 

4 Receipt and retention of such funds shall be subject 

5 to oversight by the Secretary of the Navy. 

6 ‘‘(2) FUNDS RECEIVED FROM NCAA.—The Sec7 retary may accept, use, and retain funds from the 

8 National Collegiate Athletic Association and to 

9 transfer all or part of those funds to the association 

10 for the support of the athletic and physical fitness 

11 programs of the Naval Academy. 

12 ‘‘(3) USER FEES.—The Secretary may charge 

13 user fees to the association for the association’s use 

14 of Naval Academy facilities for the conduct of sum15 mer athletic camps. Fees collected under this sub16 section may be retained for use in support of the 

17 Naval Academy athletic program and shall remain 

18 available until expended. 

19 ‘‘(e) LICENSING, MARKETING, AND SPONSORSHIP

20 AGREEMENTS.—The Secretary may enter into an agree21 ment with the association authorizing the association to 

22 represent the Department of the Navy in connection with 

23 licensing, marketing, and sponsorship agreements relating 

24 to trademarks and service marks identifying the Naval 

25 Academy, to the extent authorized by the Chief of Naval 


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1 Research and in accordance with sections 2260 and 5022 

2 of this title. Notwithstanding section 2260(d) of this title, 

3 any funds generated by the licensing, marketing, and 

4 sponsorship under such agreement may be accepted, used, 

5 and be retained by the Secretary of the Navy or trans6 ferred by the Secretary to the association for the athletic 

7 and physical fitness programs of the Naval Academy. 

8 ‘‘(f) AUTHORIZED SERVICE ON BOARD OF DIREC9 TORS.—The Secretary may authorize members of the 

10 naval service and civilian personnel of the Department of 

11 the Navy to serve in accordance with sections 1033 and 

12 1589 of this title as members of the governing board of 

13 the association. 

14 ‘‘(g) CONDITIONS.—The authority provided in this 

15 section with respect to the association is available only so 

16 long as the association continues to— 

17 ‘‘(1) qualify as a nonprofit organization under 

18 section 501(c)(3) of the Internal Revenue Code of 

19 1986 and operates in accordance with this section, 

20 the laws of the State of Maryland, and the constitu21 tion and bylaws of the association; and 

22 ‘‘(2) operate exclusively to support the athletic 

23 and physical fitness programs of the Naval Acad24 emy.’’. 


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1 (b) CLERICAL AMENDMENT.—The table of sections 

2 at the beginning of such chapter is amended by adding 

3 at the end the following new item: 

‘‘6981. Support of athletic and physical fitness programs.’’. 

4 SEC. 523. MODIFICATION OF ELIGIBILITY FOR ASSOCIATE 

5 DEGREE PROGRAMS UNDER THE COMMU6 NITY COLLEGE OF THE AIR FORCE. 

7 Section 9315(b) of title 10, United States Code, is 

8 amended by adding at the end the following new para9 graph: 

10 ‘‘(3) Enlisted members of the armed forces 

11 other than the Air Force participating in joint-serv12 ice medical training and education or who are serv13 ing as instructors in such joint-service medical train14 ing and education.’’. 

15 SEC. 524. REPEAL OF REQUIREMENT THAT AT LEAST 50 

16 PERCENT OF PARTICIPANTS IN SENIOR RE17 SERVE OFFICERS’ TRAINING CORPS PRO18 GRAM BE ELIGIBLE FOR IN-STATE TUITION. 

19 Section 2107 of title 10, United States Code, is 

20 amended by striking the third sentence of subsection 

21 (c)(1). 


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1 SEC. 525. CONSOLIDATION OF MILITARY DEPARTMENT AU2 THORITY TO ISSUE ARMS, TENTAGE, AND 

3 EQUIPMENT TO EDUCATIONAL INSTITUTIONS 

4 NOT MAINTAINING UNITS OF JUNIOR ROTC. 

5 (a) CONSOLIDATION.—Chapter 152 of title 10, 

6 United States Code, is amended by inserting after section 

7 2552 the following new section: 

8 ‘‘§ 2552a. Arms, tentage, and equipment: educational 

9 institutions not maintaining units of jun10 ior ROTC 

11 ‘‘The Secretary of a military department may issue 

12 arms, tentage, and equipment to an educational institution 

13 at which no unit of the Junior Reserve Officers’ Training 

14 Corps is maintained if the educational institution— 

15 ‘‘(1) offers a course in military training pre16 scribed by that Secretary; and 

17 ‘‘(2) has a student body of at least 50 students 

18 who are in a grade above the eighth grade.’’. 

19 (b) CONFORMING REPEALS.—Sections 4651, 7911, 

20 and 9651 of such title are repealed. 

21 (c) CLERICAL AMENDMENTS.— 

22 (1) The table of sections at the beginning of 

23 chapter 152 of such title is amended by inserting 

24 after the item relating to section 2552 the following 

25 new item: 


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‘‘2552a. Arms, tentage, and equipment: educational institutions not maintaining 

units of Junior ROTC.’’. 

1 (2) The table of sections at the beginning of 

2 chapter 441 of such title is amended by striking the 

3 item relating to section 4651. 

4 (3) The table of sections at the beginning of 

5 chapter 667 of such title is amended by striking the 

6 item relating to section 7911. 

7 (4) The table of sections at the beginning of 

8 chapter 941 of such title is amended by striking the 

9 item relating to section 9651. 

10 Subtitle D—Other Matters 

11 SEC. 541. AIR FORCE CHIEF AND DEPUTY CHIEF OF CHAP12 LAINS. 

13 (a) IN GENERAL.—Chapter 805 of title 10, United 

14 States Code, is amended by adding at the end the fol15 lowing new section: 

16 ‘‘§ 8039. Chief and deputy chief of chaplains: appoint17 ment; duties 

18 ‘‘(a) CHIEF OF CHAPLAINS.— 

19 ‘‘(1) There is a Chief of Chaplains in the Air 

20 Force, appointed by the President, by and with the 

21 advice and consent of the Senate, from officers of 

22 the Air Force designated under section 8067(h) of 

23 this title as chaplains who are serving in the grade 

24 of colonel or above, are serving on active duty, and 


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1 have served on active duty as a chaplain for at least 

2 eight years. 

3 ‘‘(2) An officer appointed as the Chief of Chap4 lains shall be appointed for a term of three years. 

5 However, the President may terminate or extend the 

6 appointment at any time. 

7 ‘‘(3) The Chief of Chaplains shall be appointed 

8 in the regular grade of major general. 

9 ‘‘(4) The Chief of Chaplains shall perform such 

10 duties as may be prescribed by the Secretary of the 

11 Air Force and by law. 

12 ‘‘(b) DEPUTY CHIEF OF CHAPLAINS.— 

13 ‘‘(1) There is a Deputy Chief of Chaplains in 

14 the Air Force, appointed by the President, by and 

15 with the advice and consent of the Senate, from offi16 cers of the Air Force designated under section 

17 8067(h) of this title as chaplains, who are serving in 

18 the grade of colonel, are serving on active duty, and 

19 have served on active duty as a chaplain for at least 

20 eight years. 

21 ‘‘(2) An officer appointed as the Deputy Chief 

22 of Chaplains shall be appointed for a term of three 

23 years. However, the President may terminate or ex24 tend the appointment at any time. 


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1 ‘‘(3) The Deputy Chief of Chaplains shall be 

2 appointed in the regular grade of brigadier general. 

3 ‘‘(4) The Deputy Chief of Chaplains shall per4 form such duties as may be prescribed by the Sec5 retary of the Air Force and the Chief of Chaplains 

6 and by law. 

7 ‘‘(c) SELECTION BOARD.—Under regulations ap8 proved by the Secretary of Defense, the Secretary of the 

9 Air Force in selecting an officer for recommendation to 

10 the President under subsection (a) for appointment as the 

11 Chief of Chaplains or under subsection (b) for appoint12 ment as the Deputy Chief of Chaplains, shall ensure that 

13 the officer selected is recommended by a board of officers 

14 that, insofar as practicable, is subject to the procedures 

15 applicable to the selection boards convened under chapter 

16 36 of this title.’’. 

17 (b) CLERICAL AMENDMENT.—The table of sections 

18 at the beginning of such chapter is amended by adding 

19 at the end the following new item: 

‘‘8039. Chief and Deputy Chief of Chaplains; appointment; duties.’’. 

20 SEC. 542. AUTHORITY FOR ADDITIONAL BEHAVIORAL 

21 HEALTH PROFESSIONALS TO CONDUCT PRE22 SEPARATION MEDICAL EXAMS FOR POST23 TRAUMATIC STRESS DISORDER. 

24 Section 1177(a) of title 10, United States Code, is 

25 amended— 


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1 (1) in paragraph (1), by striking ‘‘or psychia2 trist’’ and inserting ‘‘psychiatrist, licensed clinical 

3 social worker, or psychiatric nurse practitioner’’; and 

4 (2) in paragraph (3), by striking ‘‘or psychia5 trist’’ and inserting ‘‘, psychiatrist, licensed clinical 

6 social worker, or psychiatric nurse practitioner’’. 

7 SEC. 543. CLARIFICATION AND ENHANCEMENT OF THE 

8 ROLE OF THE STAFF JUDGE ADVOCATE TO 

9 THE COMMANDANT OF THE MARINE CORPS. 

10 (a) APPOINTMENT BY THE PRESIDENT AND PERMA11 NENT APPOINTMENT TO GRADE OF MAJOR GENERAL.— 

12 Subsection (a) of section 5046 of title 10, United States 

13 Code, is amended— 

14 (1) in the first sentence, by striking ‘‘detailed’’ 

15 and inserting ‘‘appointed by the President, by and 

16 with the advice and consent of the Senate,’’; and 

17 (2) in the second sentence— 

18 (A) by striking ‘‘The’’ and inserting ‘‘If an 

19 officer appointed as the’’; and 

20 (B) by striking ‘‘, while so serving, has the 

21 grade of’’ and inserting ‘‘holds a lower grade, 

22 the officer shall be appointed in the grade of’’. 

23 (b) DUTIES, AUTHORITY, AND ACCOUNTABILITY.— 

24 Such section is further amended— 


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1 (1) by redesignating subsection (c) as sub2 section (d); and 

3 (2) by inserting after subsection (b) the fol4 lowing new subsection (c): 

5 ‘‘(c) The Staff Judge Advocate to the Commandant 

6 of the Marine Corps, under the direction of the Com7 mandant of the Marine Corps and the Secretary of the 

8 Navy, shall— 

9 ‘‘(1) perform duties relating to legal matters 

10 arising in the Marine Corps as may be assigned to 

11 him; 

12 ‘‘(2) perform the functions and duties and exer13 cise the powers prescribed for the Staff Judge Advo14 cate to the Commandant of the Marine Corps in 

15 chapter 47 of this title (the Uniform Code of Mili16 tary Justice) and chapter 53 of this title; and 

17 ‘‘(3) perform such other duties as may be as18 signed to him.’’. 

19 (c) COMPOSITION OF HEADQUARTERS, MARINE

20 CORPS.—Section 5041(b) of such title is amended— 

21 (1) by redesignating paragraphs (4) and (5) as 

22 paragraphs (5) and (6), respectively; and 

23 (2) by inserting after paragraph (3) the fol24 lowing new paragraph (4): 


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1 ‘‘(4) The Staff Judge Advocate to the Com2 mandant of the Marine Corps.’’. 

3 (d) SUPERVISION OF CERTAIN LEGAL SERVICES.— 

4 (1) ADMINISTRATION OF MILITARY JUSTICE.— 

5 Section 806(a) of such title (article 6(a) of the Uni6 form Code of Military Justice) is amended by insert7 ing ‘‘, and within the Marine Corps the Staff Judge 

8 Advocate to the Commandant of the Marine Corps,’’ 

9 in the third sentence after ‘‘Judge Advocate Gen10 eral’’. 

11 (2) DELIVERY OF LEGAL ASSISTANCE.—Section 

12 1044(b) of such title is amended by inserting ‘‘and 

13 within the Marine Corps the Staff Judge Advocate 

14 to the Commandant of the Marine Corps’’ after 

15 ‘‘title)’’. 

16 TITLE VI—COMPENSATION AND 

17 OTHER PERSONNEL BENEFITS 

18 SEC. 601. TRANSITIONAL COMPENSATION FOR DEPENDENT 

19 CHILDREN WHO WERE CARRIED DURING 

20 PREGNANCY AT THE TIME OF THE DEPEND21 ENT-ABUSE OFFENSE. 

22 (a) IN GENERAL.—Section 1059 of title 10, United 

23 States Code, is amended— 

24 (1) in subsection (f), by adding at the end the 

25 following new paragraph: 


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1 ‘‘(4) Payment to a child under this section shall 

2 not be paid for any period that the child was in 

3 utero.’’; and 

4 (2) in subsection (l), by striking ‘‘at the time of 

5 the dependent-abuse offense resulting in the separa6 tion of the former member’’ and inserting ‘‘or eligi7 ble spouse at the time of the dependent-abuse of8 fense resulting in the separation of the former mem9 ber or who was carried during pregnancy at the time 

10 of the dependent-abuse offense resulting in the sepa11 ration of the former member and was subsequently 

12 born alive to the eligible spouse or former spouse’’. 

13 (b) 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 enact16 ment of this Act. 

17 TITLE VII—HEALTH CARE 

18 PROVISIONS 

19 SEC. 701. REVISIONS TO TRICARE COST SHARING REQUIRE20 MENTS. 

21 (a) REVISION OF ANNUAL ENROLLMENT FEES.— 

22 Section 1097(e)(2) of title 10, United States Code, is 

23 amended to read as follows: 

24 ‘‘(2)(A) Beginning October 1, 2012, the annual 

25 enrollment fees referred to in paragraph (1)— 


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1 ‘‘(i) may not be increased for a survivor of 

2 a member of the uniformed services who dies 

3 while on active duty, or a person retired under 

4 chapter 61 of this title or the dependents of 

5 such person; and 

6 ‘‘(ii) for an individual enrollment, shall be 

7 one-half of the amount for a family enrollment. 

8 ‘‘(B) Beginning October 1, 2012, such annual 

9 enrollment fees shall have three Tiers, as follows: 

10 ‘‘(i) Tier 1, which shall be applicable to 

11 former members (or their survivors) with re12 tired pay (or in the case of survivors, annuity 

13 under the Survivor Benefits Plan under chapter 

14 73 of this title) in 2012 less than $22,590. 

15 ‘‘(ii) Tier 2, which shall be applicable to 

16 former members (or their survivors) with re17 tired pay (or in the case of survivors, annuity 

18 under the Survivor Benefits Plan under chapter 

19 73 of this title) in 2012 between $22,590 and 

20 $45,178 inclusive. 

21 ‘‘(iii) Tier 3, which shall be applicable to 

22 former members (or their survivors) with re23 tired pay (or in the case of survivors, annuity 

24 under the Survivor Benefits Plan under chapter 

25 73 of this title) in 2012 more than $45,178. 


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1 ‘‘(C) Each amount specified in subparagraph 

2 (B) shall be adjusted in subsequent years by the cost 

3 of living adjustment applied to retired pay. In subse4 quent years, tier placement will be based on retired 

5 pay or annuity during the calendar year in which the 

6 fiscal year starts. For purposes of applying subpara7 graph (B), the amount of retired pay or annuity de8 termined to be received by any eligible beneficiary 

9 under this section and any other tier placement 

10 issues under this section shall be determined by the 

11 Secretary of Defense. 

12 ‘‘(D) The annual family enrollment fee by fiscal 

13 year referred to in paragraph (1), based upon the 

14 Tiers determined under subparagraphs (B) and (C), 

15 is the following: 

16 ‘‘(i) For 2013, $600 for Tier 1, $720 for 

17 Tier 2, and $820 for Tier 3. 

18 ‘‘(ii) For 2014, $680 for Tier 1, $920 for 

19 Tier 2, and $1,120 for Tier 3. 

20 ‘‘(iii) For 2015, $760 for Tier 1, $1,185 

21 for Tier 2, and $1,535 for Tier 3. 

22 ‘‘(iv) For 2016, $850 for Tier 1, $1,450 

23 for Tier 2, and $1,950 for Tier 3. 

24 ‘‘(v) For years after 2016, the amount for 

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1 tures per capita rate, as established by the Sec2 retary of Health and Human Services.’’. 

3 (b) ESTABLISHMENT OF ANNUAL ENROLLMENT FEE

4 FOR CERTAIN TRICARE STANDARD BENEFICIARIES.— 

5 Section 1086(b)(1) of such title is amended to read as fol6 lows: 

7 ‘‘(1) Beginning October 1, 2012, an annual en8 rollment fee, which shall be a precondition to cov9 erage under this section (including coverage that 

10 provides for discounts on cost-sharing for using 

11 TRICARE network providers) and section 1074g, 

12 except that such fee shall not apply to persons de13 scribed in paragraph (5) or in subsection (d), or to 

14 those covered by an enrollment fee under section 

15 1097. The amount of the enrollment fee by fiscal 

16 year shall be— 

17 ‘‘(A) in 2013, $70 for an individual or 

18 $140 for a family group; 

19 ‘‘(B) in 2014, $85 for an individual or 

20 $170 for a family group; 

21 ‘‘(C) in 2015, $100 for an individual or 

22 $200 for a family group; 

23 ‘‘(D) in 2016, $115 for an individual or 

24 $230 for a family group; 


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1 ‘‘(E) in 2017, $130 for an individual or 

2 $250 for a family group; and 

3 ‘‘(F) after 2017, the amounts for 2017 ad4 justed based on the National Health Expendi5 tures per capita rate, as established by the Sec6 retary of Health and Human Services.’’. 

7 (c) REVISION OF ANNUAL DEDUCTIBLE AMOUNTS.— 

8 (1) Section 1086(b)(2) of such title is amended to read 

9 as follows: 

10 ‘‘(2) An annual deductible amount applicable to 

11 the charges for all types of care authorized by this 

12 section and received while in an outpatient status 

13 and 25 percent of the additional charges for such 

14 care during a year. The annual deductible amount, 

15 except for persons described in paragraph (5), by 

16 fiscal year shall be— 

17 ‘‘(A) in 2013, $160 for an individual or 

18 $320 for a family group; 

19 ‘‘(B) in 2014, $200 for an individual or 

20 $400 for a family group; 

21 ‘‘(C) in 2015, $230 for an individual or 

22 $460 for a family group; 

23 ‘‘(D) in 2016, $260 for an individual or 

24 $520 for a family group; 


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1 ‘‘(E) in 2017, $290 for an individual or 

2 $580 for a family group; and 

3 ‘‘(F) after 2017, the amounts for 2017 ad4 justed based on the National Health Expendi5 tures per capita rate, as established by the Sec6 retary of Health and Human Services.’’. 

7 (2) Such subsection is further amended by add8 ing at the end the following new paragraph: 

9 ‘‘(5) Paragraphs (1), (2), and (4)(B) shall not 

10 apply to a survivor of a member of the uniformed 

11 services who died while on active duty or to a person 

12 retired under chapter 61 of this title or the depend13 ents of such person. For such individuals— 

14 ‘‘(A) there is no annual enrollment fee; 

15 ‘‘(B) the deductible amounts in effect in 

16 fiscal year 2012 shall remain in effect; and 

17 ‘‘(C) the maximum payment amount re18 ferred to in paragraph (4)(A) shall remain in 

19 effect.’’. 

20 (d) ESTABLISHMENT OF ANNUAL ENROLLMENT FEE

21 FOR TRICARE FOR LIFE BENEFICIARIES.—Section 

22 1086(d)(3) of such title is amended by adding at the end 

23 the following new subparagraph: 

24 ‘‘(D) A person described in paragraph (2) 

25 (except a person described in clause (i) of this 


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1 subparagraph), shall pay an annual fiscal year 

2 enrollment fee as an additional condition of eli3 gibility for health care benefits under this sec4 tion. 

5 ‘‘(i) The annual enrollment fee shall 

6 not be charged to a survivor of a member 

7 of the uniformed services who died while 

8 on active duty, or to a person retired under 

9 chapter 61 of this title or the dependents 

10 of such person. 

11 ‘‘(ii) The annual enrollment fee shall 

12 have three Tiers, with Tier 1 applicable to 

13 former members (or their survivors) with 

14 retired pay (or in the case of survivors, an15 nuity under the Survivor Benefits Plan 

16 under chapter 73 of this title) in 2012 less 

17 than $22,590, Tier 2 between $22,590 and 

18 $45,178 (inclusive), and Tier 3 more than 

19 $45,178. 

20 ‘‘(iii) Each of the amounts in clause 

21 (ii) shall be adjusted in subsequent years 

22 by the cost of living adjustment applied to 

23 retired pay. 

24 ‘‘(iv) Tier placement in years after 

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1 nuity during the calendar year in which 

2 the fiscal year starts. 

3 ‘‘(v) For purposes of tier placement, 

4 the amount of retired pay or annuity de5 termined to be received by any eligible ben6 eficiary under this subparagraph, and any 

7 other tier placement issues under this sec8 tion shall be determined by the Secretary 

9 of Defense. 

10 ‘‘(vi) In 2013 the enrollment fee for 

11 an individual shall be $35 for Tier 1, $75 

12 for Tier 2, and $115 for Tier 3. 

13 ‘‘(vii) In 2014 the enrollment fee for 

14 an individual shall be $75 for Tier 1, $150 

15 for Tier 2, and $225 for Tier 3. 

16 ‘‘(viii) In 2015 the enrollment fee for 

17 an individual shall be $115 for Tier 1, 

18 $225 for Tier 2, and $335 for Tier 3. 

19 ‘‘(ix) In 2016 the enrollment fee for 

20 an individual shall be $150 for Tier 1, 

21 $300 for Tier 2, and $450 for Tier 3. 

22 ‘‘(x) In subsequent years, the enroll23 ment fee for an individual shall be the 

24 amount in 2016, indexed by the National 

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1 tablished by the Secretary of Health and 

2 Human Services.’’. 

3 (e) REVISIONS TO CATASTROPHIC CAP.—Section 

4 1086(b)(4) of such title is amended— 

5 (1) by inserting ‘‘(A)’’ after ′′(4); and 

6 (2) by adding at the end the following new sub7 paragraph: 

8 ‘‘(B) Beginning October 1, 2012, the 

9 amount referred to in subparagraph (A) shall 

10 be adjusted based on the National Health Ex11 penditures per capita rate, as established by the 

12 Secretary of Health and Human Services, and 

13 shall not include enrollment fees under this 

14 chapter.’’. 

15 (f) REVISIONS TO TRICARE PHARMACY PROGRAM

16 REQUIREMENTS.—(1) Section 1074g(a)(5) of such title is 

17 amended by striking ‘‘at least one of the means described 

18 in paragraph (2)(E)’’ and inserting ‘‘the national mail 

19 order pharmacy program’’. 

20 (2) Section 1074g(a)(6) of such title is amended by 

21 adding at the end the following new subparagraph: 

22 ‘‘(C)(i) Notwithstanding any limitation in sub23 paragraph (A) and subject to clause (iv), the gen24 erally applicable cost sharing amounts specified in 


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1 the following table shall apply in the years 2013 

2 through 2021: 

‘‘Fiscal 

Year 

Retail 

Generic 

Retail 

Formulary 

Mail Order 

Generic 

Mail Order 

Formulary 

Mail Order 

Non-formulary 

2013 ... $5 $26 $0 $26 $51

2014 ... $6 $28 $0 $28 $54

2015 ... $7 $30 $0 $30 $58

2016 ... $8 $32 $0 $32 $62

2017 ... $9 $34 $9 $34 $66

2018 ... $10 $36 $10 $36 $70

2019 ... $11 $38 $11 $38 $75

2020 ... $12 $40 $12 $40 $80

2021 ... $13 $43 $13 $43 $85. 

3 ‘‘(ii) The amounts specified in the table in 

4 clause (i) for retail dispensing refer to dispensing in 

5 retail network pharmacies for prescriptions for up to 

6 a 30-day supply. The amounts specified for mail 

7 order dispensing are for an up to 90-day supply. 

8 ‘‘(iii) The amounts specified in the table in 

9 clause (i) shall be adjusted by the Secretary for 

10 years after 2021 based on changes (as determined 

11 by the Secretary) in the costs of pharmaceutical 

12 agents and prescription dispensing, rounded to the 

13 nearest dollar. 

14 ‘‘(iv) A cost-sharing amount under this sub15 paragraph shall not apply to a survivor of a member 

16 of the uniformed services who died while on active 

17 duty, or to a person retired under chapter 61 of this 

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1 dividuals, the amounts in effect during fiscal year 

2 2012 shall remain in effect.’’. 

3 (g) EFFECTIVE DATE AND REGULATIONS.—This sec4 tion shall take effect October 1, 2012. The Secretary of 

5 Defense may issue an interim final rule or take such other 

6 action as necessary to ensure implementation as of that 

7 date. Such action may include presumptive enrollment for 

8 designated beneficiaries (subject to declination) and auto9 matic deduction from retired pay or annuity of enrollment 

10 fee amounts. 

11 SEC. 702. REQUIREMENT FOR MEDICARE PARTICIPATING 

12 PHYSICIAN OR SUPPLIER TO ACCEPT 

13 TRICARE AND VETERANS AFFAIRS PARTICI14 PATING RATES. 

15 Section 1842(h)(1) of the Social Security Act (42 

16 U.S.C. 1395u(h)(1)) is amended by adding at the end the 

17 following new sentence: ‘‘Any physician or supplier who 

18 voluntarily enters into an agreement with the Secretary 

19 to become a participating physician or supplier shall be 

20 deemed to have agreed to be a participating provider of 

21 medical care or services under any health plan contracted 

22 for under section 1079 or 1086 of title 10, United States 

23 Code, or under section 1718 of title 38, United States 

24 Code, in accordance with the payment methodology and 

25 amounts prescribed under joint regulations prescribed by 


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1 the Secretary, the Secretary of Defense, and the Secretary 

2 of Homeland Security pursuant to sections 1079 and 1086 

3 of title 10, United States Code.’’. 

4 TITLE VIII—ACQUISITION POL5 ICY, ACQUISITION MANAGE6 MENT, AND RELATED MAT7 TERS 

8 SEC. 801. REDUCTION IN REQUIREMENTS FOR SUBMISSION 

9 OF SELECTED ACQUISITION REPORTS FOR 

10 MAJOR DEFENSE ACQUISITION PROGRAMS. 

11 Section 2432(g) of title 10, United States Code, is 

12 amended by striking ‘‘90 percent’’ both places it appears 

13 and inserting ‘‘75 percent’’. 

14 SEC. 802. AUTHORIZATION FOR ENTERING INTO 

15 MULTIYEAR CONTRACTS WITH FEDERALLY 

16 FUNDED RESEARCH AND DEVELOPMENT 

17 CENTERS. 

18 Section 2367 of title 10, United States Code, is 

19 amended by adding at the end the following new sub20 section: 

21 ‘‘(e) ADMINISTRATION OF CENTERS.—(1) The head 

22 of an agency may enter into multiyear contracts with fed23 erally funded research and development centers with which 

24 the agency has a sponsoring agreement. Any such contract 

25 may be for a term not to exceed five years, consistent with 


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1 the sponsoring agreement of the Department of Defense 

2 with such center. 

3 ‘‘(2) The head of an agency that enters into a spon4 soring agreement with a federally funded research and de5 velopment center— 

6 ‘‘(A) shall include in the sponsoring agreement, 

7 or in applicable contracts with that center, provi8 sions— 

9 ‘‘(i) for the orderly termination or non10 renewal of the center; and 

11 ‘‘(ii) upon such termination or nonrenewal, 

12 for disposal of assets, and settlement of liabil13 ities, of the center; and 

14 ‘‘(B) may include in the sponsoring agreement, 

15 or in applicable contracts with that center, provi16 sions— 

17 ‘‘(i) for special close-out costs, cancellation 

18 costs, termination costs and other types of ex19 penses that may be incurred at the end of spon20 sorship; and 

21 ‘‘(ii) for transfer of title to, or liquidation 

22 of, the proceeds of sale or transfer of any prop23 erty held by the center for the benefit of the 

24 Government. 


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1 ‘‘(3) In this subsection, the term ‘head of an agency’ 

2 has the meaning given that term in subsection (c)(2).’’. 

3 SEC. 803. AUTHORITY FOR THE SECRETARY OF DEFENSE 

4 TO PROVIDE FEE-FOR-SERVICE INSPECTION 

5 AND TESTING BY THE DEFENSE CONTRACT 

6 MANAGEMENT AGENCY FOR CERTAIN CRIT7 ICAL EQUIPMENT IN THE ABSENCE OF A PRO8 CUREMENT CONTRACT. 

9 (a) AUTHORITY.—Section 2539b of title 10, United 

10 States Code, is amended— 

11 (1) in subsection (a)— 

12 (A) by striking ‘‘and’’ at the end of para13 graph (3); 

14 (B) by striking the period at the end of 

15 paragraph (4) and inserting ‘‘; and’’; and 

16 (C) by adding at the end the following new 

17 paragraph: 

18 ‘‘(5) make available to any person or entity, in 

19 advance of the award of a procurement contract, 

20 through contracts or other appropriate arrangements 

21 and subject to subsection (e), the services of the De22 fense Contract Management Agency for testing and 

23 inspection of items when such testing and inspection 

24 is determined by the Secretary to be critical to a 


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1 specific program of the Department of Defense.’’; 

2 and 

3 (2) by adding at the end the following new sub4 section: 

5 ‘‘(e) DCMA SERVICES.—Services of the Defense 

6 Contract Management Agency may be made available 

7 under subsection (a)(5) only if the contract or other ar8 rangement for those services— 

9 ‘‘(1) holds the United States harmless if the 

10 items covered by the contract or other arrangement 

11 (whether or not tested and inspected under the con12 tract or other arrangement) are not subsequently or13 dered by or delivered to the United States under a 

14 procurement contract entered into after the contract 

15 or other arrangement is entered into; and 

16 ‘‘(2) holds the United States harmless against 

17 any claim arising out of the inspection and testing, 

18 or the use in any commercial application, of the 

19 equipment tested and inspected by the Defense Con20 tract Management Agency under the contract or 

21 other arrangement.’’. 

22 (b) FEES.—Subsection (c) of such section is amend23 ed— 

24 (1) by striking ‘‘and (a)(4)’’ in the first sen25 tence and inserting ‘‘, (a)(4), and (a)(5)’’; 


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1 (2) by inserting ‘‘, travel, and other incidental 

2 overhead expenses’’ in the second sentence after 

3 ‘‘salaries’’; and 

4 (3) by inserting ‘‘or inspection’’ before the pe5 riod at the end of the second sentence. 

6 (c) USE OF FEES.—Subsection (d) of such section 

7 is amended by striking ‘‘and (a)(4)’’ and inserting ‘‘, 

8 (a)(4), and (a)(5)’’. 

9 SEC. 804. ELIMINATION OF CONTINUOUS-DAYS-OF-SESSION 

10 REQUIREMENT FOR CONGRESSIONAL NOTI11 FICATION OF THE LEASE OF CERTAIN VES12 SELS BY THE DEPARTMENT OF DEFENSE. 

13 Section 2401(h)(2) of title 10, United States Code, 

14 is amended by striking ‘‘of continuous session of Con15 gress’’. 

16 SEC. 805. DISESTABLISHMENT OF DEFENSE MATERIEL 

17 READINESS BOARD. 

18 (a) DISESTABLISHMENT OF BOARD.—The Defense 

19 Materiel Readiness Board established pursuant to section 

20 871 of the National Defense Authorization Act for Fiscal 

21 Year 2008 (Public Law 110–181; 10 U.S.C. 117 note) is 

22 hereby disestablished. 

23 (b) TERMINATION OF DEFENSE STRATEGIC READI24 NESS FUND.—The Defense Strategic Readiness Fund es25 tablished by section 872(d) of the National Defense AuVerDate Mar 15 2010 04:18 Apr 04, 2012 Jkt 019200 PO 00000 Frm 00059 Fmt 6652 Sfmt 6201 E:\BILLS\H4310.IH H4310

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1 thorization Act for Fiscal Year 2008 (Public Law 110– 

2 181; 10 U.S.C. 117 note) is hereby closed. 

3 (c) REPEAL.—Subtitle G of title VIII of the National 

4 Defense Authorization Act for Fiscal Year 2008 (Public 

5 Law 110–181; 10 U.S.C. 117 note) is repealed. 

6 TITLE IX—DEPARTMENT OF DE7 FENSE ORGANIZATION AND 

8 MANAGEMENT 

9 Subtitle A—Intelligence-Related 

10 Matters 

11 SEC. 901. TECHNICAL AMENDMENTS TO REFLECT CHANGE 

12 IN NAME OF NATIONAL DEFENSE INTEL13 LIGENCE COLLEGE TO NATIONAL INTEL14 LIGENCE UNIVERSITY. 

15 (a) CONFORMING AMENDMENTS TO REFLECT NAME

16 CHANGE.—Section 2161 of title 10, United States Code, 

17 is amended by striking ‘‘National Defense Intelligence 

18 College’’ each place it appears and inserting ‘‘National In19 telligence University’’. 

20 (b) CLERICAL AMENDMENTS.— 

21 (1) SECTION HEADING.—The heading of such 

22 section is amended to read as follows: 


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1 ‘‘§ 2161. Degree granting authority for national intel2 ligence university’’. 

3 (2) TABLE OF SECTIONS.—The item related to 

4 such section in the table of sections at the beginning 

5 of chapter 108 of such title is amended to read as 

6 follows: 

‘‘2161. Degree granting authority for National Intelligence University.’’. 

7 Subtitle B—Space Activities 

8 SEC. 911. REVISIONS TO POLICY ON DEVELOPMENT AND 

9 PROCUREMENT OF UNMANNED SYSTEMS. 

10 (a) REVISION TO REQUIRED POLICY.—Subsection (a) 

11 of section 941 of the John Warner National Defense Au12 thorization Act for Fiscal Year 2007 (Public Law 109– 

13 364; 120 Stat. 2083) is amended— 

14 (1) by striking ‘‘on’’ and inserting ‘‘for the con15 duct of’’; 

16 (2) by striking ‘‘procurement, and operation’’ 

17 and inserting ‘‘and for the conduct of procure18 ment,’’; 

19 (3) by inserting ‘‘manned and’’ before ‘‘un20 manned systems’’; and 

21 (4) by inserting ‘‘in a manner that is fiscally re22 sponsible and enhances warfighter capability’’ before 

23 the period at the end. 

24 (b) MODIFICATION TO ELEMENTS OF POLICY.—Sub25 section (b) of such section is amended— 


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1 (1) by striking paragraphs (1) and (2) and in2 serting the following new paragraphs: 

3 ‘‘(1) An identification of those Department of 

4 Defense capabilities for which manned and un5 manned systems may address potential needs. 

6 ‘‘(2) A thorough and objective consideration of 

7 the acquisition of manned and unmanned systems 

8 whenever a new system is to be acquired to meet a 

9 capability requirement.’’; 

10 (2) in paragraph (5), by striking ‘‘, including’’ 

11 and all that follows through ‘‘on unmanned sys12 tems’’; and 

13 (3) in paragraph (6), by striking ‘‘missions’’ 

14 and inserting ‘‘capabilities’’. 

15 (c) ROADMAP.—Such section is further amended— 

16 (1) by striking subsection (d); 

17 (2) by redesignating subsection (c) as sub18 section (d); 

19 (3) by inserting after subsection (b) the fol20 lowing new subsection (c): 

21 ‘‘(c) ROADMAP.—The Secretary of Defense shall pre22 pare and update periodically a roadmap for the policy re23 quired by subsection (a) that includes— 


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1 ‘‘(1) goals for the development of unmanned 

2 system technologies to address capabilities identified 

3 pursuant to subsection (b)(1); and 

4 ‘‘(2) plans to address technical, operational, 

5 and production challenges, and gaps in capabilities, 

6 with respect to unmanned systems.’’; and 

7 (4) in subsection (d), as redesignated by para8 graph (2), by inserting ‘‘, and implement the road9 map required by subsection (c),’’ after ‘‘subsection 

10 (a)’’. 

11 (d) CONFORMING AMENDMENT.—The heading of 

12 such section is amended by inserting ‘‘MANNED AND’’ be13 fore ‘‘UNMANNED’’. 

14 SEC. 912. REPEAL OF REQUIREMENT FOR BIENNIAL RE15 PORT ON GLOBAL POSITIONING SYSTEM. 

16 Section 2281 of title 10, United States Code, is 

17 amended by striking subsection (d). 

18 TITLE X—GENERAL PROVISIONS 

19 SEC. 1001. TECHNICAL AMENDMENTS TO REPEAL STATU20 TORY REFERENCES TO UNITED STATES 

21 JOINT FORCES COMMAND. 

22 Title 10, United States Code, is amended as follows: 

23 (1)(A) Section 232 is repealed. 


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1 (B) The table of sections at the beginning 

2 of chapter 9 is amended by striking the item re3 lating to section 232. 

4 (2) Section 485(b) is amended— 

5 (A) in paragraph (5)— 

6 (i) by striking ‘‘including a description 

7 of’’ and all that follows through ‘‘(A) Spe8 cific outcomes’’ and inserting ‘‘including a 

9 description of specific outcomes’’; and 

10 (ii) by striking subparagraph (B); 

11 (B) by striking paragraph (8); and 

12 (C) by redesignating paragraph (9) as 

13 paragraph (8). 

14 (3) Section 2859(d) is amended by striking 

15 paragraph (2). 

16 (4) Section 10503(13)(B) is amended by strik17 ing clause (iii) and redesignating clause (iv) as 

18 clause (iii). 

19 SEC. 1002. REDESIGNATION OF THE CENTER FOR HEMI20 SPHERIC DEFENSE STUDIES AS THE WILLIAM 

21 J. PERRY CENTER FOR HEMISPHERIC DE22 FENSE STUDIES. 

23 (a) REDESIGNATION.—The Department of Defense 

24 regional center for security studies known as the Center 

25 for Hemispheric Defense Studies is hereby renamed the 


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1 ‘‘William J. Perry Center for Hemispheric Defense Stud2 ies’’. 

3 (b) CONFORMING AMENDMENTS.— 

4 (1) Section 184 of title 10, United States Code, 

5 is amended— 

6 (A) by striking ‘‘The Center for Hemi7 spheric Defense Studies’’ in subsection 

8 (b)(2)(C) and inserting ‘‘The William J. Perry 

9 Center for Hemispheric Defense Studies’’; and 

10 (B) by striking ‘‘the Center for Hemi11 spheric Defense Studies’’ in subsection (f)(5) 

12 and inserting ‘‘the William J. Perry Center for 

13 Hemispheric Defense Studies’’. 

14 (2) Section 2611(a)(2)(C) of such title is 

15 amended by striking ‘‘The Center for Hemispheric 

16 Defense Studies.’’ and inserting ‘‘The William J. 

17 Perry Center for Hemispheric Defense Studies.’’. 

18 (c) REFERENCES.—Any reference to the Department 

19 of Defense Center for Hemispheric Defense Studies in any 

20 law, regulation, map, document, record, or other paper of 

21 the United States shall be deemed to be a reference to 

22 the William J. Perry Center for Hemispheric Defense 

23 Studies. 


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1 TITLE XIII—OTHER 

2 AUTHORIZATIONS 

3 Subtitle A—Military Programs 

4 SEC. 1301. WORKING CAPITAL FUNDS. 

5 Funds are hereby authorized to be appropriated for 

6 fiscal year 2013 for the use of the Armed Forces and other 

7 activities and agencies of the Department of Defense for 

8 providing capital for the Defense Working Capital Funds 

9 in the amount of $1,516,184,000. 

10 SEC. 1302. NATIONAL DEFENSE SEALIFT FUND. 

11 Funds are hereby authorized to be appropriated for 

12 fiscal year 2013 for the National Defense Sealift Fund 

13 in the amount of $608,136,000. 

14 SEC. 1303. JOINT URGENT OPERATIONAL NEEDS FUND. 

15 Funds are hereby authorized to be appropriated for 

16 fiscal year 2013 for the Joint Urgent Operational Needs 

17 Fund in the amount of $99,477,000. 

18 SEC. 1304. CHEMICAL AGENTS AND MUNITIONS DESTRUC19 TION, DEFENSE. 

20 (a) AUTHORIZATION OF APPROPRIATIONS.—Funds 

21 are hereby authorized to be appropriated for the Depart22 ment of Defense for fiscal year 2013 for expenses, not oth23 erwise provided for, for Chemical Agents and Munitions 

24 Destruction, Defense, in the amount of $1,301,786,000, 

25 of which— 


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1 (1) $635,843,000 is for Operation and Mainte2 nance; 

3 (2) $647,351,000 is for Research, Development, 

4 Test, and Evaluation; and 

5 (3) $18,592,000 is for Procurement. 

6 (b) USE.—Amounts authorized to be appropriated 

7 under subsection (a) are authorized for— 

8 (1) the destruction of lethal chemical agents 

9 and munitions in accordance with section 1412 of 

10 the Department of Defense Authorization Act, 1986 

11 (50 U.S.C. 1521); and 

12 (2) the destruction of chemical warfare materiel 

13 of the United States that is not covered by section 

14 1412 of such Act. 

15 SEC. 1305. DRUG INTERDICTION AND COUNTER-DRUG AC16 TIVITIES, DEFENSE-WIDE. 

17 Funds are hereby authorized to be appropriated for 

18 the Department of Defense for fiscal year 2013 for ex19 penses, not otherwise provided for, for Drug Interdiction 

20 and Counter-Drug Activities, Defense-wide, in the amount 

21 of $999,363,000. 

22 SEC. 1306. DEFENSE INSPECTOR GENERAL. 

23 Funds are hereby authorized to be appropriated for 

24 the Department of Defense for fiscal year 2013 for ex25 penses, not otherwise provided for, for the Office of the 


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1 Inspector General of the Department of Defense, in the 

2 amount of $273,821,000, of which— 

3 (1) $272,821,000 is for Operation and Mainte4 nance; and 

5 (2) $1,000,000 is for Procurement. 

6 SEC. 1307. DEFENSE HEALTH PROGRAM. 

7 Funds are hereby authorized to be appropriated for 

8 the Department of Defense for fiscal year 2013 for ex9 penses, not otherwise provided for, for the Defense Health 

10 Program, in the amount of $32,980,718,000, of which— 

11 (1) $31,801,279,000 is for Operation and 

12 Maintenance; 

13 (2) $672,977,000 is for Research, Development, 

14 Test, and Evaluation; and 

15 (3) $506,462,000 is for Procurement. 

16 Subtitle B—Other Matters 

17 SEC. 1311. AUTHORIZATION OF APPROPRIATIONS FOR 

18 ARMED FORCES RETIREMENT HOME. 

19 There is hereby authorized to be appropriated for fis20 cal year 2013 from the Armed Forces Retirement Home 

21 Trust Fund the sum of $67,590,000 for the operation of 

22 the Armed Forces Retirement Home. 


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1 TITLE XIV—AUTHORIZATION OF 

2 ADDITIONAL APPROPRIA3 TIONS FOR OVERSEAS CON4 TINGENCY OPERATIONS FOR 

5 FISCAL YEAR 2013 

6 SEC. 1401. PURPOSE. 

7 The purpose of this title is to authorize appropria8 tions for the Department of Defense for fiscal year 2013 

9 to provide additional funds for overseas contingency oper10 ations being carried out by the Armed Forces. 

11 SEC. 1402. ARMY PROCUREMENT. 

12 Funds are hereby authorized to be appropriated for 

13 fiscal year 2013 for procurement for the Army in amounts 

14 as follows: 

15 (1) For aircraft procurement, $486,200,000. 

16 (2) For missile procurement, $49,653,000. 

17 (3) For weapons and tracked combat vehicles 

18 procurement, $15,422,000. 

19 (4) For ammunition procurement, 

20 $357,493,000. 

21 (5) For other procurement, $2,015,907,000. 


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1 SEC. 1403. JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT 

2 FUND. 

3 Funds are hereby authorized to be appropriated for 

4 fiscal year 2013 for the Joint Improvised Explosive Device 

5 Defeat Fund in the amount of $1,675,400,000. 

6 SEC. 1404. NAVY AND MARINE CORPS PROCUREMENT. 

7 Funds are hereby authorized to be appropriated for 

8 fiscal year 2013 for procurement for the Navy and Marine 

9 Corps in amounts as follows: 

10 (1) For aircraft procurement, Navy, 

11 $164,582,000. 

12 (2) For weapons procurement, Navy, 

13 $23,500,000. 

14 (3) For ammunition procurement, Navy and 

15 Marine Corps, $285,747,000. 

16 (4) For other procurement, Navy, $98,882,000. 

17 (5) For procurement, Marine Corps, 

18 $943,683,000. 

19 SEC. 1405. AIR FORCE PROCUREMENT. 

20 Funds are hereby authorized to be appropriated for 

21 fiscal year 2013 for procurement for the Air Force in 

22 amounts as follows: 

23 (1) For aircraft procurement, $305,600,000. 

24 (2) For ammunition procurement, 

25 $116,203,000. 

26 (3) For missile procurement, $34,350,000. 


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1 (4) For other procurement, $2,818,270,000. 

2 SEC. 1406. JOINT URGENT OPERATIONAL NEEDS FUND. 

3 Funds are hereby authorized to be appropriated for 

4 fiscal year 2013 for the Joint Urgent Operational Needs 

5 Fund in the amount of $100,000,000. 

6 SEC. 1407. DEFENSE-WIDE ACTIVITIES PROCUREMENT. 

7 Funds are hereby authorized to be appropriated for 

8 fiscal year 2013 for the procurement account for Defense9 wide activities in the amount of $196,349,000. 

10 SEC. 1408. RESEARCH, DEVELOPMENT, TEST, AND EVALUA11 TION. 

12 Funds are hereby authorized to be appropriated for 

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

14 for research, development, test, and evaluation as follows: 

15 (1) For the Army, $19,860,000. 

16 (2) For the Navy, $60,119,000. 

17 (3) For the Air Force, $53,150,000. 

18 (4) For Defense-wide activities, $112,387,000. 

19 SEC. 1409. OPERATION AND MAINTENANCE. 

20 Funds are hereby authorized to be appropriated for 

21 fiscal year 2013 for the use of the Armed Forces for ex22 penses, not otherwise provided for, for operation and 

23 maintenance, in amounts as follows: 

24 (1) For the Army, $28,591,441,000. 

25 (2) For the Navy, $5,880,395,000. 


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1 (3) For the Marine Corps, $4,066,340,000. 

2 (4) For the Air Force, $9,241,613,000. 

3 (5) For Defense-wide activities, 

4 $7,824,579,000. 

5 (6) For the Army Reserve, $154,537,000. 

6 (7) For the Navy Reserve, $55,924,000. 

7 (8) For the Marine Corps Reserve, 

8 $25,477,000. 

9 (9) For the Air Force Reserve, $120,618,000. 

10 (10) For the Army National Guard, 

11 $382,448,000. 

12 (11) For the Air National Guard, $19,975,000. 

13 (12) For the Afghanistan Security Forces 

14 Fund, $5,749,167,000. 

15 (13) For the Afghanistan Infrastructure Fund, 

16 $400,000,000. 

17 SEC. 1410. MILITARY PERSONNEL. 

18 Funds are hereby authorized to be appropriated for 

19 fiscal year 2013 to the Department of Defense for military 

20 personnel accounts in the total amount of 

21 $13,788,421,000. 

22 SEC. 1411. WORKING CAPITAL FUNDS. 

23 Funds are hereby authorized to be appropriated for 

24 fiscal year 2013 for the use of the Armed Forces and other 

25 activities and agencies of the Department of Defense for 


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1 providing capital for working capital and revolving funds 

2 in the amount of $503,364,000. 

3 SEC. 1412. DEFENSE HEALTH PROGRAM. 

4 Funds are hereby authorized to be appropriated for 

5 the Department of Defense for fiscal year 2013 for ex6 penses, not otherwise provided for, for the Defense Health 

7 Program in the amount of $993,898,000 for operation and 

8 maintenance. 

9 SEC. 1413. DRUG INTERDICTION AND COUNTER-DRUG AC10 TIVITIES, DEFENSE-WIDE. 

11 Funds are hereby authorized to be appropriated for 

12 the Department of Defense for fiscal year 2013 for ex13 penses, not otherwise provided for, for Drug Interdiction 

14 and Counter-Drug Activities, Defense-wide in the amount 

15 of $469,025,000. 

16 SEC. 1414. DEFENSE INSPECTOR GENERAL. 

17 Funds are hereby authorized to be appropriated for 

18 the Department of Defense for fiscal year 2013 for ex19 penses, not otherwise provided for, for the Office of the 

20 Inspector General of the Department of Defense in the 

21 amount of $10,766,000. 

22 SEC. 1415. AFGHANISTAN SECURITY FORCES FUND. 

23 Funds available to the Department of Defense for the 

24 Afghanistan Security Forces Fund for fiscal year 2013 

25 shall be subject to the conditions contained in subsections 


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1 (b) through (g) of section 1513 of the National Defense 

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

3 181; 122 Stat. 428), as amended by section 1531(b) of 

4 the Ike Skelton National Defense Authorization Act for 

5 Fiscal Year 2011 (Public Law 111–383; 124 Stat. 4424). 

Æ 


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