PUBLIC LAW 112–239—JAN. 2, 2013 

NATIONAL DEFENSE AUTHORIZATION ACT 

FOR FISCAL YEAR 2013 


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126 STAT. 1632 PUBLIC LAW 112–239—JAN. 2, 2013 

Public Law 112–239 

112th Congress 

An Act 

To authorize appropriations for fiscal year 2013 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, 

and for other purposes. 

Be it enacted by the Senate and House of Representatives of 

the United States of America in Congress assembled, 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘National Defense Authorization 

Act for Fiscal Year 2013’’. 

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

(a) DIVISIONS.—This Act is organized into four divisions as 

follows: 

(1) Division A—Department of Defense Authorizations. 

(2) Division B—Military Construction Authorizations. 

(3) Division C—Department of Energy National Security 

Authorizations and Other Authorizations. 

(4) Division D—Funding Tables. 

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

is as follows: 

Sec. 1. Short title. 

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

Sec. 3. Congressional defense committees. 

DIVISION A—DEPARTMENT OF DEFENSE AUTHORIZATIONS 

TITLE I—PROCUREMENT 

Subtitle A—Authorization of Appropriations 

Sec. 101. Authorization of appropriations. 

Subtitle B—Army Programs 

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

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

Subtitle C—Navy Programs 

Sec. 121. Extension of Ford class aircraft carrier construction authority. 

Sec. 122. Multiyear procurement authority for Virginia class submarine program. 

Sec. 123. Multiyear procurement authority for Arleigh Burke class destroyers and 

associated systems. 

Sec. 124. Limitation on availability of amounts for second Ford class aircraft carrier. 

Sec. 125. Refueling and complex overhaul of the U.S.S. Abraham Lincoln. 

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

defense acquisition program. 

Sec. 127. Report on Littoral Combat Ship designs. 

Sec. 128. Comptroller General review of Littoral Combat Ship program. 

Sec. 129. Sense of Congress on importance of engineering in early stages of shipbuilding. 

National Defense 

Authorization 

Act for Fiscal 

Year 2013. 

Jan. 2, 2013 

[H.R. 4310] 


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PUBLIC LAW 112–239—JAN. 2, 2013 126 STAT. 1633 

Sec. 130. Sense of Congress on nuclear-powered ballistic submarines. 

Sec. 131. Sense of Congress on Marine Corps amphibious lift and presence requirements. 

Sec. 132. Sense of the Senate on Department of the Navy fiscal year 2014 budget 

request for tactical aviation aircraft. 

Subtitle D—Air Force Programs 

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

airlift aircraft inventory. 

Sec. 142. Retirement of B–1 bomber aircraft. 

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

Sec. 144. Treatment of certain programs for the F–22A Raptor aircraft as major defense acquisition programs. 

Subtitle E—Joint and Multiservice Matters 

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

Sec. 152. Procurement of space-based infrared systems satellites. 

Sec. 153. Limitation on availability of funds for evolved expendable launch vehicle 

program. 

Sec. 154. Limitation on availability of funds for retirement of RQ–4 Global Hawk 

unmanned aircraft systems. 

Sec. 155. Requirement to set F–35 aircraft initial operational capability dates. 

Sec. 156. Shallow Water Combat Submersible program. 

Sec. 157. Requirement that tactical manned intelligence, surveillance, and reconnaissance aircraft and unmanned aerial vehicles use specified standard 

data link. 

Sec. 158. Study on small arms and small-caliber ammunition capabilities. 

TITLE II—RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

Subtitle A—Authorization of Appropriations 

Sec. 201. Authorization of appropriations. 

Subtitle B—Program Requirements, Restrictions, and Limitations 

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

Sec. 212. Extension of limitation on availability of funds for Unmanned Carrierlaunched Surveillance and Strike system program. 

Sec. 213. Limitation on availability of funds for milestone A activities for an Army 

medium range multi-purpose vertical takeoff and landing unmanned 

aircraft system. 

Sec. 214. Use of funds for conventional prompt global strike program. 

Sec. 215. Next Generation Foundry for the Defense Microelectronics Activity. 

Sec. 216. Advanced rotorcraft initiative. 

Subtitle C—Missile Defense Programs 

Sec. 221. Prohibition on the use of funds for the MEADS program. 

Sec. 222. Availability of funds for Iron Dome short-range rocket defense program. 

Sec. 223. Authority for relocation of certain Aegis weapon system assets between 

and within the DDG–51 class destroyer and Aegis Ashore programs in 

order to meet mission requirements. 

Sec. 224. Evaluation of alternatives for the precision tracking space system. 

Sec. 225. Next generation Exo-atmospheric Kill Vehicle. 

Sec. 226. Modernization of the Patriot air and missile defense system. 

Sec. 227. Evaluation and environmental impact assessment of potential future missile defense sites in the United States. 

Sec. 228. Homeland ballistic missile defense. 

Sec. 229. Regional ballistic missile defense. 

Sec. 230. NATO contributions to missile defense in Europe. 

Sec. 231. Report on test plan for the ground-based midcourse defense system. 

Sec. 232. Sense of Congress on missile defense. 

Sec. 233. Sense of Congress on the submittal to Congress of the homeland defense 

hedging policy and strategy report of the Secretary of Defense. 

Subtitle D—Reports 

Sec. 241. Mission packages for the Littoral Combat Ship. 

Sec. 242. Study on electronic warfare capabilities of the Marine Corps. 

Sec. 243. Conditional requirement for report on amphibious assault vehicles for the 

Marine Corps. 

Sec. 244. Report on cyber and information technology research investments of the 

Air Force. 


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126 STAT. 1634 PUBLIC LAW 112–239—JAN. 2, 2013 

Sec. 245. National Research Council review of defense science and technical graduate education needs. 

Subtitle E—Other Matters 

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

possessions of the United States. 

Sec. 252. Regional advanced technology clusters. 

Sec. 253. Sense of Congress on increasing the cost-effectiveness of training exercises for members of the Armed Forces. 

TITLE III—OPERATION AND MAINTENANCE 

Subtitle A—Authorization of Appropriations 

Sec. 301. Operation and maintenance funding. 

Subtitle B—Energy and Environment 

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

Sec. 312. Authority of Secretary of a military department to enter into cooperative 

agreements with Indian tribes for land management associated with 

military installations and State-owned National Guard installations. 

Sec. 313. Department of Defense guidance on environmental exposures at military 

installations and briefing regarding environmental exposures to members of the Armed Forces. 

Sec. 314. Report on status of targets in implementation plan for operational energy 

strategy. 

Sec. 315. Limitation on obligation of Department of Defense funds from Defense 

Production Act of 1950 for biofuel refinery construction. 

Sec. 316. Sense of Congress on protection of Department of Defense airfields, training airspace, and air training routes. 

Subtitle C—Logistics and Sustainment 

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

Sec. 322. Restoration and amendment of certain provisions relating to depot-level 

maintenance and core logistics capabilities. 

Sec. 323. Rating chains for system program managers. 

Subtitle D—Readiness 

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

Sec. 332. Expansion and reauthorization of pilot program for availability of working-capital funds for product improvements. 

Sec. 333. Department of Defense national strategic ports study and Comptroller 

General studies and reports on strategic ports. 

Subtitle E—Reports 

Sec. 341. Annual report on Department of Defense long-term corrosion strategy. 

Sec. 342. Report on joint strategy for readiness and training in a C4ISR-denied environment. 

Sec. 343. Comptroller General review of annual Department of Defense report on 

prepositioned materiel and equipment. 

Sec. 344. Modification of report on maintenance and repair of vessels in foreign 

shipyards. 

Sec. 345. Extension of deadline for Comptroller General report on Department of 

Defense service contract inventory. 

Subtitle F—Limitations and Extension of Authority 

Sec. 351. Repeal of redundant authority to ensure interoperability of law enforcement and emergency responder training. 

Sec. 352. Aerospace control alert mission. 

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

the United States Army. 

Sec. 354. Limitation on availability of funds for retirement or inactivation of Ticonderoga class cruisers or dock landing ships. 

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

without specific authorization in law. 

Subtitle G—National Commission on the Structure of the Air Force 

Sec. 361. Short title. 

Sec. 362. Establishment of Commission. 

Sec. 363. Duties of the Commission. 


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PUBLIC LAW 112–239—JAN. 2, 2013 126 STAT. 1635 

Sec. 364. Powers of the Commission. 

Sec. 365. Commission personnel matters. 

Sec. 366. Termination of the Commission. 

Sec. 367. Funding. 

Subtitle H—Other Matters 

Sec. 371. Military working dog matters. 

Sec. 372. Comptroller General review of handling, labeling, and packaging procedures for hazardous material shipments. 

TITLE IV—MILITARY PERSONNEL AUTHORIZATIONS 

Subtitle A—Active Forces 

Sec. 401. End strengths for active forces. 

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

Sec. 403. Annual limitation on end strength reductions for regular component of 

the Army and Marine Corps. 

Sec. 404. Additional Marine Corps personnel for the Marine Corps Security Guard 

Program. 

Subtitle B—Reserve Forces 

Sec. 411. End strengths for Selected Reserve. 

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

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

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

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

for operational support. 

Subtitle C—Authorization of Appropriations 

Sec. 421. Military personnel. 

TITLE V—MILITARY PERSONNEL POLICY 

Subtitle A—Officer Personnel Policy Generally 

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

Sec. 502. Reinstatement of authority for enhanced selective early retirement boards 

and early discharges. 

Sec. 503. Modification of definition of joint duty assignment to include all instructor 

assignments for joint training and education. 

Sec. 504. Exception to required retirement after 30 years of service for Regular 

Navy warrant officers in the grade of Chief Warrant Officer, W–5. 

Sec. 505. Extension of temporary authority to reduce minimum length of active 

service as a commissioned officer required for voluntary retirement as 

an officer. 

Sec. 506. Temporary increase in the time-in-grade retirement waiver limitation for 

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

Corps and commanders and captains in the Navy. 

Sec. 507. Modification to limitations on number of officers for whom service-ingrade requirements may be reduced for retirement in grade upon voluntary retirement. 

Sec. 508. Air Force Chief of Chaplains. 

Subtitle B—Reserve Component Management 

Sec. 511. Codification of staff assistant positions for Joint Staff related to National 

Guard and Reserve matters. 

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

warrant officers. 

Sec. 513. Availability of Transition Assistance Advisors to assist members of reserve components who serve on active duty for more than 180 consecutive days. 

Subtitle C—General Service Authorities 

Sec. 518. Authority for additional behavioral health professionals to conduct preseparation medical exams for post-traumatic stress disorder. 

Sec. 519. Diversity in the Armed Forces and related reporting requirements. 

Sec. 520. Limitation on reduction in number of military and civilian personnel assigned to duty with service review agencies. 

Sec. 521. Extension of temporary increase in accumulated leave carryover for members of the Armed Forces. 

Sec. 522. Modification of authority to conduct programs on career flexibility to enhance retention of members of the Armed Forces. 


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126 STAT. 1636 PUBLIC LAW 112–239—JAN. 2, 2013 

Sec. 523. Prohibition on waiver for commissioning or enlistment in the Armed 

Forces for any individual convicted of a felony sexual offense. 

Sec. 524. Quality review of Medical Evaluation Boards, Physical Evaluation 

Boards, and Physical Evaluation Board Liaison Officers. 

Sec. 525. Reports on involuntary separation of members of the Armed Forces. 

Sec. 526. Report on feasibility of developing gender-neutral occupational standards 

for military occupational specialties currently closed to women. 

Sec. 527. Report on education and training and promotion rates for pilots of remotely piloted aircraft. 

Sec. 528. Impact of numbers of members within the Integrated Disability Evaluation System on readiness of Armed Forces to meet mission requirements. 

Subtitle D—Military Justice and Legal Matters 

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

Commandant of the Marine Corps. 

Sec. 532. Additional information in reports on annual surveys of the Committee on 

the Uniform Code of Military Justice. 

Sec. 533. Protection of rights of conscience of members of the Armed Forces and 

chaplains of such members. 

Sec. 534. Reports on hazing in the Armed Forces. 

Subtitle E—Member Education and Training Opportunities and Administration 

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

Department of Defense and enhancements to the Program. 

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

Sec. 543. Expansion of Department of Defense pilot program on receipt of civilian 

credentialing for military occupational specialty skills. 

Sec. 544. State consideration of military training in granting certain State certifications and licenses as a condition on the receipt of funds for veterans 

employment and training. 

Sec. 545. Department of Defense review of access to military installations by representatives of institutions of higher education. 

Sec. 546. Report on Department of Defense efforts to standardize educational transcripts issued to separating members of the Armed Forces. 

Sec. 547. Comptroller General of the United States reports on joint professional 

military education matters. 

Subtitle F—Reserve Officers’ Training Corps and Related Matters 

Sec. 551. Repeal of requirement for eligibility for in-State tuition of at least 50 percent of participants in Senior Reserve Officers’ Training Corps program. 

Sec. 552. Consolidation of military department authority to issue arms, tentage, 

and equipment to educational institutions not maintaining units of Junior Reserve Officers’ Training Corps. 

Sec. 553. Modification of requirements on plan to increase the number of units of 

the Junior Reserve Officers’ Training Corps. 

Sec. 554. Comptroller General report on Reserve Officers’ Training Corps programs. 

Subtitle G—Defense Dependents’ Education and Military Family Readiness 

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

dependents of members of the Armed Forces and Department of Defense 

civilian employees. 

Sec. 562. Impact aid for children with severe disabilities. 

Sec. 563. Amendments to the Impact Aid program. 

Sec. 564. Transitional compensation for dependent children who are carried during 

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

Sec. 565. Modification of authority to allow Department of Defense domestic dependent elementary and secondary schools to enroll certain students. 

Sec. 566. Noncompetitive appointment authority regarding certain military 

spouses. 

Sec. 567. Report on future of family support programs of the Department of Defense. 

Sec. 568. Sense of Congress regarding support for Yellow Ribbon Day. 

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

Sec. 570. Armed Forces Workplace and Gender Relations Surveys. 

Sec. 571. Authority to retain or recall to active duty reserve component members 

who are victims of sexual assault while on active duty. 

Sec. 572. Additional elements in comprehensive Department of Defense policy on 

sexual assault prevention and response. 


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PUBLIC LAW 112–239—JAN. 2, 2013 126 STAT. 1637 

Sec. 573. Establishment of special victim capabilities within the military departments to respond to allegations of certain special victim offenses. 

Sec. 574. Enhancement to training and education for sexual assault prevention and 

response. 

Sec. 575. Modification of annual Department of Defense reporting requirements regarding sexual assaults. 

Sec. 576. Independent reviews and assessments of Uniform Code of Military Justice 

and judicial proceedings of sexual assault cases. 

Sec. 577. Retention of certain forms in connection with Restricted Reports on sexual assault at request of the member of the Armed Forces making the 

report. 

Sec. 578. General or flag officer review of and concurrence in separation of members of the Armed Forces making an Unrestricted Report of sexual assault. 

Sec. 579. Department of Defense policy and plan for prevention and response to 

sexual harassment in the Armed Forces. 

Subtitle I—Suicide Prevention and Resilience 

Sec. 580. Enhancement of oversight and management of Department of Defense 

suicide prevention and resilience programs. 

Sec. 581. Reserve component suicide prevention and resilience program. 

Sec. 582. Comprehensive policy on prevention of suicide among members of the 

Armed Forces. 

Sec. 583. Study of resilience programs for members of the Army. 

Subtitle J—Other Matters 

Sec. 584. Issuance of prisoner-of-war medal. 

Sec. 585. Technical amendments relating to the termination of the Armed Forces 

Institute of Pathology under defense base closure and realignment. 

Sec. 586. Modification of requirement for reports in Federal Register on institutions 

of higher education ineligible for contracts and grants for denial of 

ROTC or military recruiter access to campus. 

Sec. 587. Acceptance of gifts and services related to educational activities and voluntary services to account for missing persons. 

Sec. 588. Display of State, District of Columbia, commonwealth, and territorial 

flags by the Armed Forces. 

Sec. 589. Enhancement of authorities on admission of defense industry civilians to 

certain Department of Defense educational institutions and programs. 

Sec. 590. Extension of authorities to carry out a program of referral and counseling 

services to veterans at risk of homelessness who are transitioning from 

certain institutions. 

Sec. 591. Inspection of military cemeteries under the jurisdiction of Department of 

Defense. 

Sec. 592. Report on results of investigations and reviews conducted with respect to 

Port Mortuary Division of the Air Force Mortuary Affairs Operations 

Center at Dover Air Force Base. 

Sec. 593. Preservation of editorial independence of Stars and Stripes. 

Sec. 594. National public awareness and participation campaign for Veterans’ History Project of American Folklife Center. 

Sec. 595. Report on accuracy of data in the Defense Enrollment Eligibility Reporting System. 

Sec. 596. Sense of Congress that the bugle call commonly known as Taps should 

be designated as the National Song of Military Remembrance. 

TITLE VI—COMPENSATION AND OTHER PERSONNEL BENEFITS 

Subtitle A—Pay and Allowances 

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

Sec. 602. Extension of authority to provide temporary increase in rates of basic allowance for housing under certain circumstances. 

Sec. 603. Basic allowance for housing for two-member couples when one member is 

on sea duty. 

Sec. 604. Rates of basic allowance for housing for members performing active 

Guard and Reserve duty. 

Sec. 605. Payment of benefit for nonparticipation of eligible members in Post-Deployment/Mobilization Respite Absence program due to Government 

error. 

Subtitle B—Bonuses and Special and Incentive Pays 

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


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126 STAT. 1638 PUBLIC LAW 112–239—JAN. 2, 2013 

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

care professionals. 

Sec. 613. One-year extension of special pay and bonus authorities for nuclear officers. Sec. 614. One-year extension of authorities relating to title 37 consolidated special 

pay, incentive pay, and bonus authorities. 

Sec. 615. One-year extension of authorities relating to payment of other title 37 bonuses and special pays. 

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

Selected Reserve. 

Sec. 617. Increase in maximum amount of incentive bonus for reserve component 

members who convert military occupational specialty to ease personnel 

shortages. 

Subtitle C—Travel and Transportation Allowances 

Sec. 621. Permanent change of station allowances for members of Selected Reserve 

units filling a vacancy in another unit after being involuntarily separated. 

Sec. 622. Authority for comprehensive program for space-available travel on Department of Defense aircraft. 

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

Separated 

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

benefits after separation. 

Sec. 632. Transitional use of military family housing. 

Subtitle E—Disability, Retired Pay, and Survivor Benefits 

Sec. 641. Repeal of requirement for payment of Survivor Benefit Plan premiums 

when participant waives retired pay to provide a survivor annuity under 

Federal Employees Retirement System and terminating payment of the 

Survivor Benefit Plan annuity. 

Sec. 642. Repeal of automatic enrollment in Family Servicemembers’ Group Life Insurance for members of the Armed Forces married to other members. 

Sec. 643. Clarification of computation of combat-related special compensation for 

chapter 61 disability retirees. 

Subtitle F—Commissary and Nonappropriated Fund Instrumentality Benefits and 

Operations 

Sec. 651. Repeal of certain recordkeeping and reporting requirements applicable to 

commissary and exchange stores overseas. 

Sec. 652. Treatment of Fisher House for the Families of the Fallen and Meditation 

Pavilion at Dover Air Force Base, Delaware, as a Fisher House. 

Subtitle G—Military Lending 

Sec. 661. Additional enhancements of protections on consumer credit for members 

of the Armed Forces and their dependents. 

Sec. 662. Effect of violations of protections on consumer credit extended to members of the Armed Forces and their dependents. 

Sec. 663. Consistent definition of dependent for purposes of applying limitations on 

terms of consumer credit extended to certain members of the Armed 

Forces and their dependents. 

Subtitle H—Military Compensation and Retirement Modernization Commission 

Sec. 671. Purpose, scope, and definitions. 

Sec. 672. Military Compensation and Retirement Modernization Commission. 

Sec. 673. Commission hearings and meetings. 

Sec. 674. Principles and procedure for Commission recommendations. 

Sec. 675. Consideration of Commission recommendations by the President. 

Sec. 676. Executive Director. 

Sec. 677. Staff. 

Sec. 678. Judicial review precluded. 

Sec. 679. Termination. 

Sec. 680. Funding. 

Subtitle I—Other Matters 

Sec. 681. Equal treatment for members of Coast Guard Reserve called to active 

duty under title 14, United States Code. 

Sec. 682. Report regarding Department of Veterans Affairs claims process transformation plan. 


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PUBLIC LAW 112–239—JAN. 2, 2013 126 STAT. 1639 

TITLE VII—HEALTH CARE PROVISIONS 

Subtitle A—TRICARE and Other Health Care Benefits 

Sec. 701. Extension of TRICARE Standard coverage and TRICARE dental program 

for members of the Selected Reserve who are involuntarily separated. 

Sec. 702. Inclusion of certain over-the-counter drugs in TRICARE uniform formulary. 

Sec. 703. Modification of requirements on mental health assessments for members 

of the Armed Forces deployed in connection with a contingency operation. 

Sec. 704. Use of Department of Defense funds for abortions in cases of rape and 

incest. 

Sec. 705. Pilot program on certain treatments of autism under the TRICARE program. 

Sec. 706. Pilot program on enhancements of Department of Defense efforts on mental health in the National Guard and Reserves through community partnerships. 

Sec. 707. Sense of Congress on health care for retired members of the uniformed 

services. 

Subtitle B—Health Care Administration 

Sec. 711. Authority for automatic enrollment in TRICARE Prime of dependents of 

members in pay grades above pay grade E–4. 

Sec. 712. Cost-sharing rates for the Pharmacy Benefits Program of the TRICARE 

program. 

Sec. 713. Clarification of applicability of certain authority and requirements to subcontractors employed to provide health care services to the Department 

of Defense. 

Sec. 714. Expansion of evaluation of the effectiveness of the TRICARE program. 

Sec. 715. Requirement to ensure the effectiveness and efficiency of health engagements. 

Sec. 716. Pilot program for refills of maintenance medications for TRICARE for Life 

beneficiaries through the TRICARE mail-order pharmacy program. 

Subtitle C—Mental Health Care and Veterans Matters 

Sec. 723. Sharing between Department of Defense and Department of Veterans Affairs of records and information retained under the medical tracking 

system for members of the Armed Forces deployed overseas. 

Sec. 724. Participation of members of the Armed Forces in peer support counseling 

programs of the Department of Veterans Affairs. 

Sec. 725. Research and medical practice on mental health conditions. 

Sec. 726. Transparency in mental health care services provided by the Department 

of Veterans Affairs. 

Sec. 727. Expansion of Vet Center Program to include furnishing counseling to certain members of the Armed Forces and their family members. 

Sec. 728. Organization of the Readjustment Counseling Service in the Department 

of Veterans Affairs. 

Sec. 729. Recruitment of mental health providers for furnishing mental health 

services on behalf of the Department of Veterans Affairs without compensation from the Department. 

Sec. 730. Peer support. 

Subtitle D—Reports and Other Matters 

Sec. 731. Plan for reform of the administration of the military health system. 

Sec. 732. Future availability of TRICARE Prime throughout the United States. 

Sec. 733. Extension of Comptroller General report on contract health care staffing 

for military medical treatment facilities. 

Sec. 734. Extension of Comptroller General report on women-specific health services and treatment for female members of the Armed Forces. 

Sec. 735. Study on health care and related support for children of members of the 

Armed Forces. 

Sec. 736. Report on strategy to transition to use of human-based methods for certain medical training. 

Sec. 737. Study on incidence of breast cancer among members of the Armed Forces 

serving on active duty. 

Sec. 738. Performance metrics and reports on Warriors in Transition programs of 

the military departments. 

Sec. 739. Plan to eliminate gaps and redundancies in programs of the Department 

of Defense on psychological health and traumatic brain injury. 


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126 STAT. 1640 PUBLIC LAW 112–239—JAN. 2, 2013 

TITLE VIII—ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND 

RELATED MATTERS 

Subtitle A—Acquisition Policy and Management 

Sec. 801. Treatment of procurements on behalf of the Department of Defense 

through the Work for Others program of the Department of Energy. Sec. 802. Review and justification of pass-through contracts. 

Sec. 803. Availability of amounts in Defense Acquisition Workforce Development 

Fund. 

Sec. 804. Department of Defense policy on contractor profits. 

Sec. 805. Modification of authorities on internal controls for procurements on behalf 

of the Department of Defense by certain nondefense agencies. Sec. 806. Extension of authority relating to management of supply-chain risk. 

Sec. 807. Sense of Congress on the continuing progress of the Department of Defense in implementing its Item Unique Identification Initiative. 

Subtitle B—Provisions Relating to Major Defense Acquisition Programs 

Sec. 811. Limitation on use of cost-type contracts. 

Sec. 812. Estimates of potential termination liability of contracts for the development or production of major defense acquisition programs. Sec. 813. Technical change regarding programs experiencing critical cost growth 

due to change in quantity purchased. Sec. 814. Repeal of requirement to review ongoing programs initiated before enactment of Milestone B certification and approval process. 

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

Limitations 

Sec. 821. Modification of time period for congressional notification of the lease of 

certain vessels by the Department of Defense. Sec. 822. Extension of authority for use of simplified acquisition procedures for certain commercial items. 

Sec. 823. Codification and amendment relating to life-cycle management and product support requirements. Sec. 824. Codification of requirement relating to Government performance of critical acquisition functions. Sec. 825. Competition in acquisition of major subsystems and subassemblies on 

major defense acquisition programs. Sec. 826. Compliance with Berry Amendment required for uniform components 

supplied to Afghan military or Afghan National Police. Sec. 827. Enhancement of whistleblower protections for contractor employees. 

Sec. 828. Pilot program for enhancement of contractor employee whistleblower protections. 

Sec. 829. Extension of contractor conflict of interest limitations. 

Sec. 830. Repeal of sunset for certain protests of task and delivery order contracts. 

Sec. 831. Guidance and training related to evaluating reasonableness of price. 

Sec. 832. Department of Defense access to, use of, and safeguards and protections 

for contractor internal audit reports. Sec. 833. Contractor responsibilities in regulations relating to detection and avoidance of counterfeit electronic parts. 

Subtitle D—Provisions Relating to Contracts in Support of Contingency Operations 

Sec. 841. Extension and expansion of authority to acquire products and services 

produced in countries along a major route of supply to Afghanistan. 

Sec. 842. Limitation on authority to acquire products and services produced in Afghanistan. 

Sec. 843. Responsibility within Department of Defense for operational contract support. 

Sec. 844. Data collection on contract support for future overseas contingency operations involving combat operations. 

Sec. 845. Inclusion of operational contract support in certain requirements for Department of Defense planning, joint professional military education, and 

management structure. 

Sec. 846. Requirements for risk assessments related to contractor performance. 

Sec. 847. Extension and modification of reports on contracting in Iraq and Afghanistan. 

Sec. 848. Responsibilities of inspectors general for overseas contingency operations. 

Sec. 849. Oversight of contracts and contracting activities for overseas contingency 

operations in responsibilities of Chief Acquisition Officers of Federal 

agencies. 

Sec. 850. Reports on responsibility within Department of State and the United 

States Agency for International Development for contract support for 

overseas contingency operations. 


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Sec. 851. Database on price trends of items and services under Federal contracts. 

Sec. 852. Information on corporate contractor performance and integrity through 

the Federal Awardee Performance and Integrity Information System. 

Sec. 853. Inclusion of data on contractor performance in past performance databases for executive agency source selection decisions. 

Subtitle E—Other Matters 

Sec. 861. Requirements and limitations for suspension and debarment officials of 

the Department of Defense, the Department of State, and the United 

States Agency for International Development. 

Sec. 862. Uniform contract writing system requirements. 

Sec. 863. Extension of other transaction authority. 

Sec. 864. Report on allowable costs of compensation of contractor employees. 

Sec. 865. Reports on use of indemnification agreements. 

Sec. 866. Plan to increase number of contractors eligible for contracts under Air 

Force NETCENTS-2 contract. 

Sec. 867. Inclusion of information on prevalent grounds for sustaining bid protests 

in annual protest report by Comptroller General to Congress. 

TITLE IX—DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT 

Subtitle A—Department of Defense Management 

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

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

Sec. 903. Designation of Department of Defense senior official for enterprise resource planning system data conversion. 

Sec. 904. Additional responsibilities and resources for Deputy Assistant Secretary 

of Defense for Developmental Test and Evaluation. 

Sec. 905. Definition and report on terms ‘‘preparation of the environment’’ and 

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

Sec. 906. Information for Deputy Chief Management Officer of the Department of 

Defense from the military departments and Defense Agencies for defense business system investment reviews. 

Subtitle B—Space Activities 

Sec. 911. Reports on integration of acquisition and capability delivery schedules for 

segments of major satellite acquisition programs and funding for such 

programs. 

Sec. 912. Commercial space launch cooperation. 

Sec. 913. Limitation on international agreements concerning outer space activities. 

Sec. 914. Operationally Responsive Space Program Office. 

Sec. 915. Report on overhead persistent infrared technology. 

Sec. 916. Assessment of foreign components and the space launch capability of the 

United States. 

Sec. 917. Report on counter space technology. 

Subtitle C—Intelligence-Related Activities 

Sec. 921. Authority to provide geospatial intelligence support to certain security alliances and regional organizations. 

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

Sec. 923. Review of Army Distributed Common Ground System. 

Sec. 924. Electro-optical imagery. 

Sec. 925. Defense Clandestine Service. 

Subtitle D—Cyberspace-Related Matters 

Sec. 931. Implementation strategy for Joint Information Environment. 

Sec. 932. Next-generation host-based cyber security system for the Department of 

Defense. 

Sec. 933. Improvements in assurance of computer software procured by the Department of Defense. 

Sec. 934. Competition in connection with Department of Defense tactical data link 

systems. 

Sec. 935. Collection and analysis of network flow data. 

Sec. 936. Competition for large-scale software database and data analysis tools. 

Sec. 937. Software licenses of the Department of Defense. 

Sec. 938. Sense of Congress on potential security risks to Department of Defense 

networks. 

Sec. 939. Quarterly cyber operations briefings. 


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Sec. 940. Sense of Congress on the United States Cyber Command. 

Sec. 941. Reports to Department of Defense on penetrations of networks and information systems of certain contractors. 

Subtitle E—Other Matters 

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

Joint Requirements Oversight Council. 

Sec. 952. Enhancement of responsibilities of the Chairman of the Joint Chiefs of 

Staff regarding the national military strategy. 

Sec. 953. One-year extension of authority to waive reimbursement of costs of activities for nongovernmental personnel at Department of Defense regional 

centers for security studies. 

Sec. 954. National Language Service Corps. 

Sec. 955. Savings to be achieved in civilian personnel workforce and service contractor workforce of the Department of Defense. 

Sec. 956. Expansion of persons eligible for expedited Federal hiring following completion of National Security Education Program scholarship. 

TITLE X—GENERAL PROVISIONS 

Subtitle A—Financial Matters 

Sec. 1001. General transfer authority. 

Sec. 1002. Budgetary effects of this Act. 

Sec. 1003. Sense of Congress on notice to Congress on unfunded priorities. 

Sec. 1004. Authority to transfer funds to the National Nuclear Security Administration to sustain nuclear weapons modernization. 

Sec. 1005. Audit readiness of Department of Defense statements of budgetary resources. Sec. 1006. Report on balances carried forward by the Department of Defense at the 

end of fiscal year 2012. 

Sec. 1007. Report on elimination and streamlining of reporting requirements, 

thresholds, and statutory and regulatory requirements resulting from 

unqualified audit opinion of Department of Defense financial statements. 

Subtitle B—Counter-Drug Activities 

Sec. 1008. Extension of the authority to establish and operate National Guard 

counterdrug schools. 

Sec. 1009. Biannual reports on use of funds in the Drug Interdiction and CounterDrug Activities, Defense-wide account. 

Sec. 1010. Extension of authority to support unified counter-drug and counterterrorism campaign in Colombia. 

Sec. 1011. Extension of authority for joint task forces to provide support to law enforcement agencies conducting counter-terrorism activities. 

Sec. 1012. Requirement for biennial certification on provision of support for 

counter-drug activities to certain foreign governments. 

Subtitle C—Naval Vessels and Shipyards 

Sec. 1013. Policy relating to major combatant vessels of the strike forces of the 

United States Navy. 

Sec. 1014. Limitation on availability of funds for delayed annual naval vessel construction plan. 

Sec. 1015. Retirement of naval vessels. 

Sec. 1016. Termination of a Maritime Prepositioning Ship squadron. 

Sec. 1017. Sense of Congress on recapitalization for the Navy and Coast Guard. 

Sec. 1018. Notice to Congress for the review of proposals to name naval vessels. 

Subtitle D—Counterterrorism 

Sec. 1021. Extension of authority to make rewards for combating terrorism. 

Sec. 1022. Prohibition on use of funds to construct or modify facilities in the United 

States to house detainees transferred from United States Naval Station, 

Guantanamo Bay, Cuba. 

Sec. 1023. Report on recidivism of individuals detained at United States Naval Station, Guantanamo Bay, Cuba, who have been transferred to foreign 

countries. 

Sec. 1024. Notice and report on use of naval vessels for detention of individuals 

captured outside Afghanistan pursuant to the Authorization for Use of 

Military Force. 

Sec. 1025. Notice required prior to transfer of certain individuals detained at the 

Detention Facility at Parwan, Afghanistan. 

Sec. 1026. Report on recidivism of individuals formerly detained at the Detention 

Facility at Parwan, Afghanistan. 


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Sec. 1027. Prohibition on the use of funds for the transfer or release of individuals 

detained at United States Naval Station, Guantanamo Bay, Cuba. 

Sec. 1028. Requirements for certifications relating to the transfer of detainees at 

United States Naval Station, Guantanamo Bay, Cuba, to foreign countries and other foreign entities. 

Sec. 1029. Rights Unaffected. 

Subtitle E—Nuclear Forces 

Sec. 1031. Nuclear weapons employment strategy of the United States. 

Sec. 1032. Progress of modernization. 

Sec. 1033. Report in the event of insufficient funding for modernization of nuclear 

weapons stockpile. 

Sec. 1034. Prevention of asymmetry of nuclear weapon stockpile reductions. 

Sec. 1035. Strategic delivery systems. 

Sec. 1036. Consideration of expansion of nuclear forces of other countries. 

Sec. 1037. Nonstrategic nuclear weapon reductions and extended deterrence policy. 

Sec. 1038. Unilateral change in nuclear weapons stockpile of the United States. 

Sec. 1039. Expansion of duties and responsibilities of the Nuclear Weapons Council. 

Sec. 1040. Interagency Council on the Strategic Capability of the National Laboratories. 

Sec. 1041. Cost estimates for nuclear weapons. 

Sec. 1042. Prior notification with regard to retirement of strategic delivery systems. 

Sec. 1043. Report on nuclear warheads on intercontinental ballistic missiles of the 

United States. 

Sec. 1044. Requirements for combined or interoperable warhead for certain missile 

systems. 

Sec. 1045. Reports on capability of conventional and nuclear forces against certain 

tunnel sites and on nuclear weapons program of the People’s Republic 

of China. 

Sec. 1046. Report on conventional and nuclear forces in the Western Pacific region. 

Subtitle F—Miscellaneous Authorities and Limitations 

Sec. 1051. Expansion of authority of the Secretary of the Army to loan or donate 

excess non-automatic service rifles for funeral and other ceremonial purposes. 

Sec. 1052. Interagency collaboration on unmanned aircraft systems. 

Sec. 1053. Authority to transfer surplus Mine-Resistant Ambush-Protected vehicles 

and spare parts. 

Sec. 1054. Notice to Congress of certain Department of Defense nondisclosure 

agreements. 

Sec. 1055. Extension of authority to provide assured business guarantees to carriers participating in Civil Reserve Air Fleet. 

Sec. 1056. Authority for short-term extension of lease for aircraft supporting the 

Blue Devil intelligence, surveillance, and reconnaissance program. 

Sec. 1057. Rule of construction relating to prohibition on infringing on the individual right to lawfully acquire, possess, own, carry, and otherwise use 

privately owned firearms, ammunition, and other weapons. 

Sec. 1058. Sense of Congress on the Joint Warfighting Analysis Center. 

Sec. 1059. Limitations on retirement of fixed-wing intra-theater airlift aircraft for 

general support and time sensitive/mission critical direct support airlift 

missions of the Department of Defense. 

Subtitle G—Studies and Reports 

Sec. 1061. Electronic warfare strategy of the Department of Defense. 

Sec. 1062. Report on counterproliferation capabilities and limitations. 

Sec. 1063. Report on strategic airlift aircraft. 

Sec. 1064. Repeal of biennial report on the Global Positioning System. 

Sec. 1065. Improvements to reports required on acquisition of technology relating 

to weapons of mass destruction and the threat posed by weapons of 

mass destruction, ballistic missiles, and cruise missiles. 

Sec. 1066. Report on force structure of the United States Army. 

Sec. 1067. Report on planned efficiency initiatives at Space and Naval Warfare Systems Command. 

Sec. 1068. Report on military resources necessary to execute United States Force 

Posture Strategy in the Asia Pacific Region. 

Sec. 1069. Rialto-Colton Basin, California, water resources study. 

Sec. 1070. Reports on the potential security threat posed by Boko Haram. 

Sec. 1071. Study on the ability of national test and evaluation capabilities to support the maturation of hypersonic technologies for future defense systems development. 


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Subtitle H—Other Matters 

Sec. 1076. Technical and clerical amendments. 

Sec. 1077. Sense of Congress on recognizing Air Mobility Command on its 20th anniversary. 

Sec. 1078. Dissemination abroad of information about the United States. 

Sec. 1079. Coordination for computer network operations. 

Sec. 1080. Sense of Congress regarding unauthorized disclosures of classified information. 

Sec. 1081. Technical amendments to repeal statutory references to United States 

Joint Forces Command. 

Sec. 1082. Sense of Congress on non-United States citizens who are graduates of 

United States educational institutions with advanced degrees in science, 

technology, engineering, and mathematics. 

Sec. 1083. Scientific framework for recalcitrant cancers. 

Sec. 1084. Protection of veterans’ memorials. 

Sec. 1085. Sense of Congress regarding spectrum. 

Sec. 1086. Public Safety Officers’ Benefits Program. 

Sec. 1087. Removal of action. 

Sec. 1088. Transport for female genital mutilation. 

Sec. 1089. Amendments to law enforcement officer safety provisions of title 18. 

Sec. 1090. Reauthorization of sale of aircraft and parts for wildfire suppression purposes. 

Sec. 1091. Transfer of excess aircraft to other departments of the Federal Government. 

TITLE XI—CIVILIAN PERSONNEL MATTERS 

Sec. 1101. One-year extension of authority to waive annual limitation on premium 

pay and aggregate limitation on pay for Federal civilian employees 

working overseas. 

Sec. 1102. Expansion of experimental personnel program for scientific and technical 

personnel at the Defense Advanced Research Projects Agency. 

Sec. 1103. Extension of authority to fill shortage category positions for certain Federal acquisition positions for civilian agencies. 

Sec. 1104. One-year extension of discretionary authority to grant allowances, benefits, and gratuities to personnel on official duty in a combat zone. 

Sec. 1105. Policy on senior mentors. 

Sec. 1106. Authority to pay for the transport of family household pets for Federal 

employees during certain evacuation operations. 

Sec. 1107. Interagency personnel rotations. 

TITLE XII—MATTERS RELATING TO FOREIGN NATIONS 

Subtitle A—Assistance and Training 

Sec. 1201. Modification and extension of authorities relating to program to build 

the capacity of foreign military forces. 

Sec. 1202. Extension of authority for non-reciprocal exchanges of defense personnel 

between the United States and foreign countries. 

Sec. 1203. Authority to build the capacity of certain counterterrorism forces in 

Yemen and East Africa. 

Sec. 1204. Limitation on activities under State Partnership Program pending compliance with certain program-related requirements. 

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

Sec. 1211. Authority to support operations and activities of the Office of Security 

Cooperation in Iraq. 

Sec. 1212. Report on insider attacks in Afghanistan and their effect on the United 

States transition strategy for Afghanistan. 

Sec. 1213. United States military support in Afghanistan. 

Sec. 1214. Modification of report on progress toward security and stability in Afghanistan. 

Sec. 1215. Independent assessment of the Afghan National Security Forces. 

Sec. 1216. Extension and modification of logistical support for coalition forces supporting certain United States military operations. 

Sec. 1217. Report on Afghanistan Peace and Reintegration Program. 

Sec. 1218. One-year extension of authority to use funds for reintegration activities 

in Afghanistan. 

Sec. 1219. One-year extension and modification of authority for program to develop 

and carry out infrastructure projects in Afghanistan. 

Sec. 1220. Report on updates and modifications to campaign plan for Afghanistan. 

Sec. 1221. Commanders’ Emergency Response Program in Afghanistan. 

Sec. 1222. Authority to transfer defense articles and provide defense services to the 

military and security forces of Afghanistan. 


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Sec. 1223. Report on efforts to promote the security of Afghan women and girls 

during the security transition process. 

Sec. 1224. Sense of Congress commending the Enduring Strategic Partnership 

Agreement between the United States and Afghanistan. 

Sec. 1225. Consultations with Congress on a bilateral security agreement with Afghanistan. 

Sec. 1226. Completion of transition of United States combat and military and security operations to the Government of Afghanistan. 

Sec. 1227. Extension and modification of authority for reimbursement of certain coalition nations for support provided to United States military operations. 

Sec. 1228. Extension and modification of Pakistan Counterinsurgency Fund. 

Subtitle C—Matters Relating to Iran 

Sec. 1231. Report on United States capabilities in relation to China, North Korea, 

and Iran. 

Sec. 1232. Report on military capabilities of Gulf Cooperation Council members. 

Sec. 1233. Sense of Congress with respect to Iran. 

Sec. 1234. Rule of construction. 

Subtitle D—Iran Sanctions 

Sec. 1241. Short title. 

Sec. 1242. Definitions. 

Sec. 1243. Sense of Congress relating to violations of human rights by Iran. 

Sec. 1244. Imposition of sanctions with respect to the energy, shipping, and shipbuilding sectors of Iran. 

Sec. 1245. Imposition of sanctions with respect to the sale, supply, or transfer of 

certain materials to or from Iran. 

Sec. 1246. Imposition of sanctions with respect to the provision of underwriting 

services or insurance or reinsurance for activities or persons with respect to which sanctions have been imposed. 

Sec. 1247. Imposition of sanctions with respect to foreign financial institutions that 

facilitate financial transactions on behalf of specially designated nationals. 

Sec. 1248. Impositions of sanctions with respect to the Islamic Republic of Iran 

Broadcasting. 

Sec. 1249. Imposition of sanctions with respect to persons engaged in the diversion 

of goods intended for the people of Iran. 

Sec. 1250. Waiver requirement related to exceptional circumstances preventing significant reductions in crude oil purchases. 

Sec. 1251. Statute of limitations for civil actions regarding terrorist acts. 

Sec. 1252. Report on use of certain Iranian seaports by foreign vessels and use of 

foreign airports by sanctioned Iranian air carriers. 

Sec. 1253. Implementation; penalties. 

Sec. 1254. Applicability to certain natural gas projects. 

Sec. 1255. Rule of construction. 

Subtitle E—Satellites and Related Items 

Sec. 1261. Removal of satellites and related items from the United States Munitions List. 

Sec. 1262. Report on licenses and other authorizations to export certain satellites 

and related items. 

Sec. 1263. Report on country exemptions for licensing of exports of certain satellites 

and related items. 

Sec. 1264. End-use monitoring of certain satellites and related items. 

Sec. 1265. Interagency review of modifications to Category XV of the United States 

Munitions List. 

Sec. 1266. Rules of construction. 

Sec. 1267. Definitions. 

Subtitle F—Other Matters 

Sec. 1271. Additional elements in annual report on military and security developments involving the People’s Republic of China. 

Sec. 1272. NATO Special Operations Headquarters. 

Sec. 1273. Sustainability requirements for certain capital projects in connection 

with overseas contingency operations. 

Sec. 1274. Administration of the American, British, Canadian, and Australian Armies’ Program. 

Sec. 1275. United States participation in Headquarters Eurocorps. 

Sec. 1276. Department of Defense participation in European program on multilateral exchange of air transportation and air refueling services. 


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Sec. 1277. Prohibition on use of funds to enter into contracts or agreements with 

Rosoboronexport. 

Sec. 1278. Sense of Congress on Iron Dome short-range rocket defense system. 

Sec. 1279. Bilateral defense trade relationship with India. 

Sec. 1280. United States Advisory Commission on Public Diplomacy. 

Sec. 1281. Sense of Congress on sale of aircraft to Taiwan. 

Sec. 1282. Briefings on dialogue between the United States and the Russian Federation on nuclear arms, missile defense systems, and long-range conventional strike systems. 

Sec. 1283. Sense of Congress on efforts to remove or apprehend Joseph Kony from 

the battlefield and end the atrocities of the Lord’s Resistance Army. 

Sec. 1284. Imposition of sanctions with respect to support for the rebel group 

known as M23. 

Sec. 1285. Pilot program on repair, overhaul, and refurbishment of defense articles 

for sale or transfer to eligible foreign countries and entities. 

Sec. 1286. Sense of Congress on the situation in the Senkaku Islands. 

Subtitle G—Reports 

Sec. 1291. Review and reports on Department of Defense efforts to build the capacity of and partner with foreign security forces. 

Sec. 1292. Additional report on military and security developments involving the 

Democratic People’s Republic of Korea. 

Sec. 1293. Report on host nation support for overseas United States military installations and United States Armed Forces deployed in country. 

Sec. 1294. Report on military activities to deny or significantly degrade the use of 

air power against civilian and opposition groups in Syria. 

Sec. 1295. Report on military assistance provided by Russia to Syria. 

TITLE XIII—COOPERATIVE THREAT REDUCTION 

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

Sec. 1302. Funding allocations. 

Sec. 1303. Report on Cooperative Threat Reduction Programs in Russia. 

TITLE XIV—OTHER AUTHORIZATIONS 

Subtitle A—Military Programs 

Sec. 1401. Working capital funds. 

Sec. 1402. National Defense Sealift Fund. 

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

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

Sec. 1405. Defense Inspector General. 

Sec. 1406. Defense Health Program. 

Subtitle B—National Defense Stockpile 

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

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

Sec. 1413. Release of materials needed for national defense purposes from the Strategic and Critical Materials Stockpile. 

Subtitle C—Chemical Demilitarization Matters 

Sec. 1421. Supplemental chemical agent and munitions destruction technologies at 

Pueblo Chemical Depot, Colorado, and Blue Grass Army Depot, Kentucky. 

Subtitle D—Other Matters 

Sec. 1431. Reduction of unobligated balances within the Pentagon Reservation 

Maintenance Revolving Fund. 

Sec. 1432. Authority for transfer of funds to Joint Department of Defense-Department of Veterans Affairs Medical Facility Demonstration Fund for Captain James A. Lovell Health Care Center, Illinois. 

Sec. 1433. Authorization of appropriations for Armed Forces Retirement Home. 

Sec. 1434. Cemeterial expenses. 

Sec. 1435. Additional Weapons of Mass Destruction Civil Support Teams. 

TITLE XV—AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR 

OVERSEAS CONTINGENCY OPERATIONS 

Subtitle A—Authorization of Additional Appropriations 

Sec. 1501. Purpose. 

Sec. 1502. Procurement. 


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

Sec. 1504. Operation and maintenance. 

Sec. 1505. Military personnel. 

Sec. 1506. Working capital funds. 

Sec. 1507. Defense Health Program. 

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

Sec. 1509. Defense Inspector General. 

Subtitle B—Financial Matters 

Sec. 1521. Treatment as additional authorizations. 

Sec. 1522. Special transfer authority. 

Subtitle C—Limitations and Other Matters 

Sec. 1531. Afghanistan Security Forces Fund. 

Sec. 1532. Joint Improvised Explosive Device Defeat Fund. 

Sec. 1533. One-year extension of project authority and related requirements of 

Task Force for Business and Stability Operations in Afghanistan. 

Sec. 1534. Plan for transition in funding of United States Special Operations Command from supplemental funding for overseas contingency operations to 

recurring funding under the future-years defense program. 

Sec. 1535. Assessment of counter-improvised explosive device training and intelligence activities of the Joint Improvised Explosive Device Defeat Organization and national and military intelligence Organizations. 

TITLE XVI—INDUSTRIAL BASE MATTERS 

Subtitle A—Defense Industrial Base Matters 

Sec. 1601. Disestablishment of Defense Materiel Readiness Board. 

Sec. 1602. Assessment of effects of foreign boycotts. 

Sec. 1603. National security strategy for national technology and industrial base. 

Subtitle B—Department of Defense Activities Related to Small Business Matters 

Sec. 1611. Role of the directors of small business programs in acquisition processes 

of the Department of Defense. 

Sec. 1612. Small Business Ombudsman for defense audit agencies. 

Sec. 1613. Independent assessment of Federal procurement contracting performance of the Department of Defense. 

Sec. 1614. Additional responsibilities of Inspector General of the Department of Defense. 

Sec. 1615. Restoration of 1 percent funding for administrative expenses of Commercialization Readiness Program of Department of Defense. 

Subtitle C—Matters Relating to Small Business Concerns 

PART I—PROCUREMENT CENTER REPRESENTATIVES

Sec. 1621. Procurement center representatives. 

Sec. 1622. Small Business Act contracting requirements training. 

Sec. 1623. Acquisition planning. 

PART II—GOALS FOR PROCUREMENT CONTRACTS AWARDED TO SMALL BUSINESS

CONCERNS

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

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

concerns. Sec. 1633. Senior executives. 

PART III—MENTOR-PROTEGE PROGRAMS

Sec. 1641. Mentor-Protege programs. 

PART IV—TRANSPARENCY IN SUBCONTRACTING

Sec. 1651. Limitations on subcontracting. 

Sec. 1652. Penalties. 

Sec. 1653. Subcontracting plans. 

Sec. 1654. Notices of subcontracting opportunities. 

Sec. 1655. Publication of certain documents. 

PART V—SMALL BUSINESS CONCERN SIZE STANDARDS

Sec. 1661. Small business concern size standards. 

PART VI—CONTRACT BUNDLING

Sec. 1671. Contract bundling. 


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PART VII—INCREASED PENALTIES FOR FRAUD

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

Sec. 1682. Requirement that fraudulent businesses be suspended or debarred. 

Sec. 1683. Annual report on suspensions and debarments proposed by Small Business Administration. 

PART VIII—OFFICES OF SMALL AND DISADVANTAGED BUSINESS UNITS

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

Sec. 1692. Small Business Procurement Advisory Council. 

PART IX—OTHER MATTERS

Sec. 1695. Surety bonds. 

Sec. 1696. Conforming Amendments; Repeal of redundant provisions; Regulations. 

Sec. 1697. Contracting with small business concerns owned and controlled by 

women. Sec. 1698. Small business HUBZones. 

Sec. 1699. National Veterans Business Development Corporation. 

Sec. 1699a. State Trade and Export Promotion Grant Program. 

TITLE XVII—ENDING TRAFFICKING IN GOVERNMENT CONTRACTING 

Sec. 1701. Definitions. 

Sec. 1702. Contracting requirements. 

Sec. 1703. Compliance plan and certification requirement. 

Sec. 1704. Monitoring and investigation of trafficking in persons. 

Sec. 1705. Notification to inspectors general and cooperation with Government. 

Sec. 1706. Expansion of penalties for fraud in foreign labor contracting to include 

attempted fraud and work outside the United States. Sec. 1707. Improving Department of Defense accountability for reporting trafficking 

in persons claims and violations. Sec. 1708. Rules of construction; effective date. 

TITLE XVIII—FEDERAL ASSISTANCE TO FIRE DEPARTMENTS 

Subtitle A—Fire Grants Reauthorization 

Sec. 1801. Short title. 

Sec. 1802. Amendments to definitions. 

Sec. 1803. Assistance to firefighters grants. 

Sec. 1804. Staffing for adequate fire and emergency response. 

Sec. 1805. Sense of Congress on value and funding of Assistance to Firefighters and 

Staffing for Adequate Fire and Emergency Response programs. Sec. 1806. Report on amendments to Assistance to Firefighters and Staffing for 

Adequate Fire and Emergency Response programs. Sec. 1807. Studies and reports on the state of fire services. 

Subtitle B—Reauthorization of United States Fire Administration 

Sec. 1811. Short title. 

Sec. 1812. Clarification of relationship between United States Fire Administration 

and Federal Emergency Management Agency. Sec. 1813. Modification of authority of Administrator to educate public about fire 

and fire prevention. Sec. 1814. Authorization of appropriations. 

Sec. 1815. Removal of limitation. 

DIVISION B—MILITARY CONSTRUCTION AUTHORIZATIONS 

Sec. 2001. Short title. 

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

law. 

TITLE XXI—ARMY MILITARY CONSTRUCTION 

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

Sec. 2102. Family housing. 

Sec. 2103. Authorization of appropriations, Army. 

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

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

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

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

normalization. 

Sec. 2108. Limitation on project authorization to carry out certain fiscal year 2013 

project. 

TITLE XXII—NAVY MILITARY CONSTRUCTION 

Sec. 2201. Authorized Navy construction and land acquisition projects. 


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Sec. 2202. Family housing. 

Sec. 2203. Improvements to military family housing units. 

Sec. 2204. Authorization of appropriations, Navy. 

Sec. 2205. Modification of authority to carry out certain fiscal year 2012 project. 

Sec. 2206. Extension of authorizations of certain fiscal year 2009 projects. 

Sec. 2207. Extension of authorizations of certain fiscal year 2010 projects. 

TITLE XXIII—AIR FORCE MILITARY CONSTRUCTION 

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

Sec. 2302. Family housing. 

Sec. 2303. Improvements to military family housing units. 

Sec. 2304. Authorization of appropriations, Air Force. 

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

TITLE XXIV—DEFENSE AGENCIES MILITARY CONSTRUCTION 

Subtitle A—Defense Agency Authorizations 

Sec. 2401. Authorized Defense Agencies construction and land acquisition projects. 

Sec. 2402. Authorized energy conservation projects. 

Sec. 2403. Authorization of appropriations, Defense Agencies. 

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

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

Subtitle B—Chemical Demilitarization Authorizations 

Sec. 2411. Authorization of appropriations, chemical demilitarization construction, 

defense-wide. 

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

TITLE XXV—NORTH ATLANTIC TREATY ORGANIZATION SECURITY 

INVESTMENT PROGRAM 

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

Sec. 2502. Authorization of appropriations, NATO. 

TITLE XXVI—GUARD AND RESERVE FORCES FACILITIES 

Subtitle A—Project Authorizations and Authorization of Appropriations 

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

projects. 

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

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

land acquisition projects. 

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

projects. 

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

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

Subtitle B—Other Matters 

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

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

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

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

TITLE XXVII—BASE REALIGNMENT AND CLOSURE ACTIVITIES 

Subtitle A—Authorization of Appropriations 

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

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

Subtitle B—Other Matters 

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

Sec. 2712. Revised base closure and realignment restrictions and Comptroller General assessment of Department of Defense compliance with codified base 

closure and realignment restrictions. 

TITLE XXVIII—MILITARY CONSTRUCTION GENERAL PROVISIONS 

Subtitle A—Military Construction Program and Military Family Housing Changes 

Sec. 2801. Authorized cost and scope variations. 


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Sec. 2802. Preparation of master plans for major military installations. 

Sec. 2803. Oversight and accountability for military housing privatization projects 

and related annual reporting requirements. 

Sec. 2804. Extension of temporary, limited authority to use operation and maintenance funds for construction projects in certain areas outside the United 

States. 

Sec. 2805. Comptroller General report on in-kind payments. 

Subtitle B—Real Property and Facilities Administration 

Sec. 2811. Clarification of parties with whom Department of Defense may conduct 

exchanges of real property at certain military installations. 

Sec. 2812. Identification requirements for access to military installations. 

Sec. 2813. Report on property disposals at certain closed military installations and 

additional authorities to assist local communities in the vicinity of such 

installations. 

Sec. 2814. Report on reorganization of Air Force Materiel Command organizations. 

Subtitle C—Energy Security 

Sec. 2821. Congressional notification for contracts for the provision and operation 

of energy production facilities authorized to be located on real property 

under the jurisdiction of a military department. 

Sec. 2822. Availability and use of Department of Defense energy cost savings to 

promote energy security. 

Sec. 2823. Continuation of limitation on use of funds for Leadership in Energy and 

Environmental Design (LEED) gold or platinum certification. 

Sec. 2824. Guidance on financing for renewable energy projects. 

Sec. 2825. Energy savings performance contract report. 

Subtitle D—Provisions Related to Asia-Pacific Military Realignment 

Sec. 2831. Certification of military readiness need for a Live Fire Training Range 

Complex on Guam as condition on establishment of range complex. 

Sec. 2832. Realignment of Marine Corps forces in Asia-Pacific region. 

Subtitle E—Land Conveyances 

Sec. 2841. Modification of authorized consideration, Broadway Complex of the Department of the Navy, San Diego, California. 

Sec. 2842. Use of proceeds, land conveyance, Tyndall Air Force Base, Florida. 

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

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

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

Sec. 2846. Land conveyance, Local Training Area for Browning Army Reserve Center, Utah. 

Subtitle F—Other Matters 

Sec. 2851. Modification of notice requirements in advance of permanent reduction 

of sizable numbers of members of the Armed Forces at military installations. 

Sec. 2852. Acceptance of gifts and services to support military museum programs 

and use of cooperative agreements with nonprofit entities for military 

museum and military educational institution programs. 

Sec. 2853. Additional exemptions from certain requirements applicable to funding 

for data servers and centers. 

Sec. 2854. Redesignation of the Center for Hemispheric Defense Studies as the William J. Perry Center for Hemispheric Defense Studies. 

Sec. 2855. Sense of Congress regarding establishment of military divers memorial 

at Washington Navy Yard. 

Sec. 2856. Limitation on availability of funds pending report regarding acquisition 

of land and development of a training range facility adjacent to the Marine Corps Air Ground Combat Center Twentynine Palms, California. 

Sec. 2857. Oversight and maintenance of closed base cemeteries overseas containing the remains of members of the Armed Forces or citizens of the 

United States. 

Sec. 2858. Report on establishment of joint Armed Forces historical storage and 

preservation facility. 

Sec. 2859. Establishment of commemorative work to Gold Star Mothers. 

Sec. 2860. Establishment of commemorative work to slaves and free Black persons 

who served in American Revolution. 

TITLE XXIX—OVERSEAS CONTINGENCY OPERATIONS MILITARY 

CONSTRUCTION 

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


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PUBLIC LAW 112–239—JAN. 2, 2013 126 STAT. 1651 

DIVISION C—DEPARTMENT OF ENERGY NATIONAL SECURITY 

AUTHORIZATIONS AND OTHER AUTHORIZATIONS 

TITLE XXXI—DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS 

Subtitle A—National Security Programs Authorizations 

Sec. 3101. National Nuclear Security Administration. 

Sec. 3102. Defense environmental cleanup. 

Sec. 3103. Other defense activities. 

Subtitle B—Program Authorizations, Restrictions, and Limitations 

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

Sec. 3112. Budget justification materials. 

Sec. 3113. National Nuclear Security Administration Council. 

Sec. 3114. Replacement project for Chemistry and Metallurgy Research Building, 

Los Alamos National Laboratory, New Mexico. 

Sec. 3115. Design and use of prototypes of nuclear weapons. 

Sec. 3116. Two-year extension of schedule for disposition of weapons-usable plutonium at Savannah River Site, Aiken, South Carolina. 

Sec. 3117. Transparency in contractor performance evaluations by the National Nuclear Security Administration leading to award fees. 

Sec. 3118. Modification and extension of authority on acceptance of contributions 

for acceleration of removal or security of fissile materials, radiological 

materials, and related equipment at vulnerable sites worldwide. 

Sec. 3119. Limitation on availability of funds for Center of Excellence on Nuclear 

Security. 

Sec. 3120. Improvement and streamlining of the missions and operations of the Department of Energy and National Nuclear Security Administration. 

Sec. 3121. Cost-benefit analyses for competition of management and operating contracts. 

Sec. 3122. Program on scientific engagement for nonproliferation. 

Sec. 3123. Cost containment for Uranium Capabilities Replacement Project. 

Subtitle C—Improvements to National Security Energy Laws 

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

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

Sec. 3133. Consolidated reporting requirements relating to nuclear stockpile stewardship, management, and infrastructure. 

Sec. 3134. Repeal of certain reporting requirements. 

Subtitle D—Reports 

Sec. 3141. Reports on lifetime extension programs. 

Sec. 3142. Notification of nuclear criticality and non-nuclear incidents. 

Sec. 3143. Quarterly reports to Congress on financial balances for atomic energy 

defense activities. 

Sec. 3144. National Academy of Sciences study on peer review and design competition related to nuclear weapons. 

Sec. 3145. Report on defense nuclear nonproliferation programs. 

Sec. 3146. Study on reuse of plutonium pits. 

Sec. 3147. Assessment of nuclear weapon pit production requirement. 

Sec. 3148. Study on a multiagency governance model for national security laboratories. 

Sec. 3149. Report on efficiencies in facilities and functions of the National Nuclear 

Security Administration. 

Sec. 3150. Study on regional radiological security zones. 

Sec. 3151. Report on abandoned uranium mines. 

Subtitle E—Other Matters 

Sec. 3161. Use of probabilistic risk assessment to ensure nuclear safety. 

Sec. 3162. Submittal to Congress of selected acquisition reports and independent 

cost estimates on life extension programs and new nuclear facilities. 

Sec. 3163. Classification of certain restricted data. 

Sec. 3164. Advice to President and Congress regarding safety, security, and reliability of United States nuclear weapons stockpile and nuclear forces. 

Sec. 3165. Pilot program on technology commercialization. 

Sec. 3166. Congressional advisory panel on the governance of the nuclear security 

enterprise. 

Subtitle F—American Medical Isotopes Production 

Sec. 3171. Short title. 


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126 STAT. 1652 PUBLIC LAW 112–239—JAN. 2, 2013 

Sec. 3172. Definitions. 

Sec. 3173. Improving the reliability of domestic medical isotope supply. 

Sec. 3174. Exports. 

Sec. 3175. Report on disposition of exports. 

Sec. 3176. Domestic medical isotope production. 

Sec. 3177. Annual Department reports. 

Sec. 3178. National Academy of Sciences report. 

TITLE XXXII—DEFENSE NUCLEAR FACILITIES SAFETY BOARD 

Sec. 3201. Authorization. 

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

TITLE XXXIV—NAVAL PETROLEUM RESERVES 

Sec. 3401. Authorization of appropriations. 

TITLE XXXV—MARITIME ADMINISTRATION 

Sec. 3501. Authorization of appropriations for national security aspects of the merchant marine for fiscal year 2013. Sec. 3502. Application of the Federal Acquisition Regulation. 

Sec. 3503. Limitation of National Defense Reserve Fleet vessels to those over 1,500 

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

Sec. 3505. Clarification of heading. 

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

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

Sec. 3508. Extension of Maritime Security Fleet program. 

Sec. 3509. Container-on-barge transportation. 

Sec. 3510. Short sea transportation. 

Sec. 3511. Maritime environmental and technical assistance. 

Sec. 3512. Identification of actions to enable qualified United States flag capacity 

to meet national defense requirements. Sec. 3513. Maritime workforce study. 

Sec. 3514. Maritime administration vessel recycling contract award practices. 

Sec. 3515. Requirement for barge design. 

Sec. 3516. Eligibility to receive surplus training equipment. 

Sec. 3517. Coordination with other laws. 

DIVISION D—FUNDING TABLES 

Sec. 4001. Authorization of amounts in funding tables. 

TITLE XLI—PROCUREMENT 

Sec. 4101. Procurement. 

Sec. 4102. Procurement for overseas contingency operations. 

TITLE XLII—RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

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

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

TITLE XLIII—OPERATION AND MAINTENANCE 

Sec. 4301. Operation and maintenance. 

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

TITLE XLIV—MILITARY PERSONNEL 

Sec. 4401. Military personnel. 

Sec. 4402. Military personnel for overseas contingency operations. 

TITLE XLV—OTHER AUTHORIZATIONS 

Sec. 4501. Other authorizations. 

Sec. 4502. Other authorizations for overseas contingency operations. 

TITLE XLVI—MILITARY CONSTRUCTION 

Sec. 4601. Military construction. 

Sec. 4602. Military construction for overseas contingency operations. 

TITLE XLVII—DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS 

Sec. 4701. Department of Energy National Security programs. 

SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES. 

For purposes of this Act, the term ‘‘congressional defense 

committees’’ has the meaning given that term in section 101(a)(16) 

of title 10, United States Code. 

10 USC 101 note. 


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PUBLIC LAW 112–239—JAN. 2, 2013 126 STAT. 1653 

DIVISION A—DEPARTMENT OF 

DEFENSE AUTHORIZATIONS 

TITLE I—PROCUREMENT 

Subtitle A—Authorization of Appropriations 

Sec. 101. Authorization of appropriations. 

Subtitle B—Army Programs 

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

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

Subtitle C—Navy Programs 

Sec. 121. Extension of Ford class aircraft carrier construction authority. 

Sec. 122. Multiyear procurement authority for Virginia class submarine program. 

Sec. 123. Multiyear procurement authority for Arleigh Burke class destroyers and 

associated systems. 

Sec. 124. Limitation on availability of amounts for second Ford class aircraft carrier. 

Sec. 125. Refueling and complex overhaul of the U.S.S. Abraham Lincoln. 

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

defense acquisition program. 

Sec. 127. Report on Littoral Combat Ship designs. 

Sec. 128. Comptroller General review of Littoral Combat Ship program. 

Sec. 129. Sense of Congress on importance of engineering in early stages of shipbuilding. 

Sec. 130. Sense of Congress on nuclear-powered ballistic submarines. 

Sec. 131. Sense of Congress on Marine Corps amphibious lift and presence requirements. 

Sec. 132. Sense of the Senate on Department of the Navy fiscal year 2014 budget 

request for tactical aviation aircraft. 

Subtitle D—Air Force Programs 

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

airlift aircraft inventory. 

Sec. 142. Retirement of B–1 bomber aircraft. 

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

Sec. 144. Treatment of certain programs for the F–22A Raptor aircraft as major defense acquisition programs. 

Subtitle E—Joint and Multiservice Matters 

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

Sec. 152. Procurement of space-based infrared systems satellites. 

Sec. 153. Limitation on availability of funds for evolved expendable launch vehicle 

program. 

Sec. 154. Limitation on availability of funds for retirement of RQ–4 Global Hawk 

unmanned aircraft systems. 

Sec. 155. Requirement to set F–35 aircraft initial operational capability dates. 

Sec. 156. Shallow Water Combat Submersible program. 

Sec. 157. Requirement that tactical manned intelligence, surveillance, and reconnaissance aircraft and unmanned aerial vehicles use specified standard 

data link. 

Sec. 158. Study on small arms and small-caliber ammunition capabilities. 

Subtitle A—Authorization of 

Appropriations 

SEC. 101. AUTHORIZATION OF APPROPRIATIONS. 

Funds are hereby authorized to be appropriated for fiscal year 

2013 for procurement for the Army, the Navy and the Marine 

Corps, the Air Force, and Defense-wide activities, as specified in 

the funding table in section 4101. 


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126 STAT. 1654 PUBLIC LAW 112–239—JAN. 2, 2013 

Subtitle B—Army Programs 

SEC. 111. MULTIYEAR PROCUREMENT AUTHORITY FOR ARMY CH–47 

HELICOPTERS. 

(a) AUTHORITY FOR MULTIYEAR PROCUREMENT.—Subject to section 2306b of title 10, United States Code, the Secretary of the 

Army may enter into one or more multiyear contracts, beginning 

with the fiscal year 2013 program year, for the procurement of 

airframes for CH–47F helicopters. 

(b) CONDITION FOR OUT-YEAR CONTRACT PAYMENTS.—A contract entered into under subsection (a) shall provide that any obligation of the United States to make a payment under the contract 

for a fiscal year after fiscal year 2013 is subject to the availability 

of appropriations for that purpose for such later fiscal year. 

SEC. 112. REPORTS ON AIRLIFT REQUIREMENTS OF THE ARMY. 

(a) REPORTS.— 

(1) INITIAL REPORT.—Not later than March 31, 2013, the 

Secretary of the Army shall submit to the congressional defense 

committees a report described in paragraph (3). 

(2) ANNUAL REPORTS.—Not later than October 31, 2013, 

and each year thereafter through 2017, the Secretary shall 

submit to the congressional defense committees a report 

described in paragraph (3). 

(3) REPORT DESCRIBED.—A report described in this paragraph is a report on the time-sensitive or mission-critical airlift 

requirements of the Army. 

(b) MATTERS INCLUDED.—The reports submitted under subsection (a) shall include, with respect to the fiscal year before 

the fiscal year in which the report is submitted, the following 

information: 

(1) The total number of time-sensitive or mission-critical 

airlift movements required for training, steady-state, and 

contingency operations. 

(2) The total number of time-sensitive or mission-critical 

airlift sorties executed for training, steady-state, and contingency operations. 

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

(2), the number of such sorties that were operated using each 

of— 

(A) aircraft of the Army; 

(B) aircraft of the Air Force; 

(C) aircraft of contractors; and 

(D) aircraft of other organizations not described in 

subparagraph (A), (B), or (C). 

(4) For each sortie described under subparagraph (A), (C), 

or (D) of paragraph (3), an explanation for why the Secretary 

did not use aircraft of the Air Force to support the mission. 

Subtitle C—Navy Programs 

SEC. 121. EXTENSION OF FORD CLASS AIRCRAFT CARRIER CONSTRUCTION AUTHORITY. 

Section 121(a) of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364; 120 Stat. 2104), 


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PUBLIC LAW 112–239—JAN. 2, 2013 126 STAT. 1655 

as amended by section 124 of the National Defense Authorization 

Act for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 1320), 

is amended by striking ‘‘four fiscal years’’ and inserting ‘‘five fiscal 

years’’. 

SEC. 122. MULTIYEAR PROCUREMENT AUTHORITY FOR VIRGINIA 

CLASS SUBMARINE PROGRAM. 

(a) AUTHORITY FOR MULTIYEAR PROCUREMENT.—Subject to section 2306b of title 10, United States Code, the Secretary of the 

Navy may enter into one or more multiyear contracts, beginning 

with the fiscal year 2014 program year, for the procurement of 

Virginia class submarines and Government-furnished equipment 

associated with the Virginia class submarine program. 

(b) AUTHORITY FOR ADVANCE PROCUREMENT.—The Secretary 

may enter into one or more contracts, beginning in fiscal year 

2013, for advance procurement associated with the vessels and 

equipment for which authorization to enter into a multiyear 

procurement contract is provided under subsection (a). 

(c) CONDITION FOR OUT-YEAR CONTRACT PAYMENTS.—A contract 

entered into under subsection (a) shall provide that any obligation 

of the United States to make a payment under the contract for 

a fiscal year after fiscal year 2013 is subject to the availability 

of appropriations or funds for that purpose for such later fiscal 

year. 

(d) LIMITATION ON TERMINATION LIABILITY.—A contract for the 

construction of vessels or equipment entered into in accordance 

with subsection (a) shall include a clause that limits the liability 

of the United States to the contractor for any termination of the 

contract. The maximum liability of the United States under the 

clause shall be the amount appropriated for the vessels or equipment covered by the contract. Additionally, in the event of cancellation, the maximum liability of the United States shall include 

the amount of the unfunded cancellation ceiling in the contract. 

(e) AUTHORITY TO EXPAND MULTIYEAR PROCUREMENT.—The 

Secretary may employ incremental funding for the procurement 

of Virginia class submarines and Government-furnished equipment 

associated with the Virginia class submarines to be procured during 

fiscal years 2013 through 2018 if the Secretary— 

(1) determines that such an approach will permit the Navy 

to procure an additional Virginia class submarine in fiscal 

year 2014; and 

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

SEC. 123. MULTIYEAR PROCUREMENT AUTHORITY FOR ARLEIGH 

BURKE CLASS DESTROYERS AND ASSOCIATED SYSTEMS. 

(a) AUTHORITY FOR MULTIYEAR PROCUREMENT.—Subject to section 2306b of title 10, United States Code, the Secretary of the 

Navy may enter into one or more multiyear contracts, beginning 

with the fiscal year 2013 program year, for the procurement of 

up to 10 Arleigh Burke class Flight IIA guided missile destroyers, 

as well as the Aegis weapon systems, MK 41 vertical launching 

systems, and commercial broadband satellite systems associated 

with such vessels. 

(b) AUTHORITY FOR ADVANCE PROCUREMENT.—The Secretary 

may enter into one or more contracts, beginning in fiscal year 

2013, for advance procurement associated with the vessels and 

systems for which authorization to enter into a multiyear procurement contract is provided under subsection (a). 

Determination. 


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126 STAT. 1656 PUBLIC LAW 112–239—JAN. 2, 2013 

(c) CONDITION FOR OUT-YEAR CONTRACT PAYMENTS.—A contract 

entered into under subsection (a) shall provide that any obligation 

of the United States to make a payment under the contract for 

a fiscal year after fiscal year 2013 is subject to the availability 

of appropriations or funds for that purpose for such later fiscal 

year. 

SEC. 124. LIMITATION ON AVAILABILITY OF AMOUNTS FOR SECOND 

FORD CLASS AIRCRAFT CARRIER. 

(a) LIMITATION.—Of the funds authorized to be appropriated 

or otherwise made available for fiscal year 2013 for shipbuilding 

and conversion for the second Ford class aircraft carrier, not more 

than 50 percent may be obligated or expended until the Secretary 

of the Navy submits to the congressional defense committees a 

report setting forth a description of the program management and 

cost control measures that will be employed in constructing the 

second Ford class aircraft carrier. 

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

include a plan with respect to the Ford class aircraft carriers 

to— 

(1) maximize planned work in shops and early stages of 

construction; 

(2) sequence construction of structural units to maximize 

the effects of lessons learned; 

(3) incorporate design changes to improve producibility for 

the Ford class aircraft carriers; 

(4) increase the size of erection units to eliminate disruptive 

unit breaks and improve unit alignment and fairness; 

(5) increase outfitting levels for assembled units before 

erection in the dry dock; 

(6) increase overall ship completion levels at each key 

construction event; 

(7) improve facilities in a manner that will lead to improved 

productivity; and 

(8) ensure the shipbuilder initiates plans that will improve 

productivity through capital improvements that would provide 

targeted return on investment, including— 

(A) increasing the amount of temporary and permanent 

covered work areas; 

(B) adding ramps and service towers for improved 

access to work sites and the dry dock; and 

(C) increasing lift capacity to enable construction of 

larger, more fully outfitted super-lifts. 

SEC. 125. REFUELING AND COMPLEX OVERHAUL OF THE U.S.S. 

ABRAHAM LINCOLN. 

(a) AMOUNT AUTHORIZED FROM SCN ACCOUNT.—Of the funds 

authorized to be appropriated for fiscal year 2013 by section 101 

and available for shipbuilding and conversion as specified in the 

funding table in section 4101, $1,517,292,000 is authorized to be 

available for the commencement of the nuclear refueling and complex overhaul of the U.S.S. Abraham Lincoln (CVN–72) during 

fiscal year 2013. The amount authorized to be made available 

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

sequence of incremental funding planned for the nuclear refueling 

and complex overhaul of that vessel. 

Plans. 

Reports. 


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PUBLIC LAW 112–239—JAN. 2, 2013 126 STAT. 1657 

(b) CONTRACT AUTHORITY.—The Secretary of the Navy may 

enter into a contract during fiscal year 2013 for the nuclear 

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

(c) CONDITION FOR OUT-YEAR CONTRACT PAYMENTS.—A contract 

entered into under subsection (b) shall provide that any obligation 

of the United States to make a payment under the contract for 

a fiscal year after fiscal year 2013 is subject to the availability 

of appropriations for that purpose for that later fiscal year. 

SEC. 126. DESIGNATION OF MISSION MODULES OF THE LITTORAL COMBAT SHIP AS A MAJOR DEFENSE ACQUISITION PROGRAM. 

(a) DESIGNATION REQUIRED.—The Secretary of Defense shall— 

(1) designate the effort to develop and produce all variants 

of the mission modules in support of the Littoral Combat Ship 

program as a major defense acquisition program under section 

2430 of title 10, United States Code; and 

(2) with respect to the development and production of each 

such variant, submit to the congressional defense committees 

a report setting forth such cost, schedule, and performance 

information as would be provided if such effort were a major 

defense acquisition program, including Selected Acquisition 

Reports, unit cost reports, and program baselines. 

(b) ADDITIONAL QUARTERLY REPORTS.—The Secretary shall 

submit to the congressional defense committees on a quarterly 

basis a report on the development and production of each variant 

of the mission modules in support of the Littoral Combat Ship, 

including cost, schedule, and performance, and identifying actual 

and potential problems with such development or production and 

potential mitigation plans to address such problems. 

SEC. 127. REPORT ON LITTORAL COMBAT SHIP DESIGNS. 

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

shall submit to the congressional defense committees a report on 

the designs of the Littoral Combat Ship, including comparative 

cost and performance information for both designs of such ship. 

SEC. 128. COMPTROLLER GENERAL REVIEW OF LITTORAL COMBAT 

SHIP PROGRAM. 

(a) ACCEPTANCE OF LCS–1 AND LCS–2.—The Comptroller General of the United States shall conduct a review of the compliance 

of the Secretary of the Navy with subpart 246.5 of title 48 of 

the Code of Federal Regulations and subpart 46.5 of the Federal 

Acquisition Regulation in accepting the LCS–1 and LCS–2 Littoral 

Combat Ships. 

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

date of the enactment of this Act, the Comptroller General shall 

submit to the congressional defense committees a report on the 

operational support and sustainment strategy for the Littoral Combat Ship program, including manning, training, maintenance, and 

logistics support. 

(c) COOPERATION.—For purposes of conducting the review under 

subsection (a) and the report under subsection (b), the Secretary 

of Defense shall ensure that the Comptroller General has access 

to— 

(1) all relevant records of the Department; and 

(2) all relevant communications between Department officials, whether such communications occurred inside or outside 

the Federal Government. 

Deadline. 

Reports. 


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126 STAT. 1658 PUBLIC LAW 112–239—JAN. 2, 2013 

SEC. 129. SENSE OF CONGRESS ON IMPORTANCE OF ENGINEERING 

IN EARLY STAGES OF SHIPBUILDING. 

It is the sense of Congress that— 

(1) placing a priority on engineering dollars in the early 

stages of shipbuilding programs is a vital component of keeping 

cost down; and 

(2) therefore, the Secretary of the Navy should take appropriate steps to prioritize early engineering in large ship 

construction including amphibious class ships beginning with 

the LHA–8. 

SEC. 130. SENSE OF CONGRESS ON NUCLEAR-POWERED BALLISTIC 

SUBMARINES. 

It is the sense of Congress that— 

(1) the continuous at-sea deterrence provided by a robust 

and modern fleet of nuclear-powered ballistic missile submarines is critical to maintaining nuclear deterrence and assurance and therefore is a central pillar of the national security 

of the United States; 

(2) the Navy should— 

(A) carry out a program to replace the Ohio class 

ballistic missile submarines; 

(B) ensure that the first such replacement submarine 

is delivered and fully operational by not later than 2031 

in order to maintain continuous at-sea deterrence; and 

(C) develop a risk mitigation plan to ensure that robust 

continuous at-sea deterrence is provided during the transition from Ohio class ballistic missile submarines to the 

replacement submarines; and 

(3) a minimum of 12 replacement ballistic missile submarines are necessary to provide continuous at-sea deterrence 

over the lifetime of such submarines and, therefore, the Navy 

should carry out a program to produce 12 such submarines. 

SEC. 131. SENSE OF CONGRESS ON MARINE CORPS AMPHIBIOUS LIFT 

AND PRESENCE REQUIREMENTS. 

(a) FINDINGS.—Congress finds the following: 

(1) The Marine Corps is a combat force that leverages 

maneuver from the sea as a force multiplier allowing for a 

variety of operational tasks ranging from major combat operations to humanitarian assistance. 

(2) The Marine Corps is unique in that, while embarked 

upon naval vessels, they bring all the logistic support necessary 

for the full range of military operations and, operating ‘‘from 

the sea’’, they require no third-party host nation permission 

to conduct military operations. 

(3) The Navy has a requirement for 38 amphibious assault 

ships to meet this full range of military operations. 

(4) Due only to fiscal constraints, that requirement of 38 

vessels was reduced to 33 vessels, which adds military risk 

to future operations. 

(5) The Navy has been unable to meet even the minimal 

requirement of 30 operationally available vessels and has submitted a shipbuilding and ship retirement plan to Congress 

that will reduce the force to 28 vessels. 


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PUBLIC LAW 112–239—JAN. 2, 2013 126 STAT. 1659 

(6) Experience has shown that early engineering and design 

of naval vessels has significantly reduced the acquisition costs 

and life-cycle costs of those vessels. 

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

(1) the Department of Defense should carefully evaluate 

the maritime force structure necessary to execute demand for 

forces by the commanders of the combatant commands; 

(2) the Navy should carefully evaluate amphibious lift 

capabilities to meet current and projected requirements; 

(3) the Navy should consider prioritization of investment 

in and procurement of the next generation of amphibious 

assault ships as a component of the balanced battle force; 

(4) the next generation amphibious assault ships should 

maintain survivability protection; 

(5) operation and maintenance requirements analysis, as 

well as the potential to leverage a common hull form design, 

should be considered to reduce total ownership cost and acquisition cost; and 

(6) maintaining a robust amphibious ship building industrial base is vital for the future of the national security of 

the United States. 

SEC. 132. SENSE OF THE SENATE ON DEPARTMENT OF THE NAVY 

FISCAL YEAR 2014 BUDGET REQUEST FOR TACTICAL AVIATION AIRCRAFT. 

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

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

includes a request for funds for more than 13 new F–18 aircraft, 

the budget request of the Department of the Navy for fiscal year 

2014 for F–35 aircraft should include a request for funds for not 

fewer than six F–35B aircraft and four F–35C aircraft, presuming 

that development, testing, and production of the F–35 aircraft are 

proceeding according to current plans. 

Subtitle D—Air Force Programs 

SEC. 141. REDUCTION IN NUMBER OF AIRCRAFT REQUIRED TO BE 

MAINTAINED IN STRATEGIC AIRLIFT AIRCRAFT INVENTORY. 

(a) REDUCTION IN INVENTORY REQUIREMENT.—Section 

8062(g)(1) of title 10, United States Code, is amended by adding 

at the end the following new sentence: ‘‘Effective on the date that 

is 45 days after the date on which the report under section 141(c)(3) 

of the National Defense Authorization Act for Fiscal Year 2013 

is submitted to the congressional defense committees, the Secretary 

shall maintain a total aircraft inventory of strategic airlift aircraft 

of not less than 275 aircraft.’’. 

(b) MODIFICATION OF CERTIFICATION REQUIREMENT.—Section 

137(d)(3)(B) of the National Defense Authorization Act for Fiscal 

Year 2010 (Public Law 111–84; 123 Stat. 2221) is amended by 

striking ‘‘316 strategic airlift aircraft’’ and inserting ‘‘275 strategic 

airlift aircraft’’. 

(c) MOBILITY REQUIREMENTS AND CAPABILITIES STUDY 2018.— 

(1) IN GENERAL.—The Director of Cost Assessment and 

Program Evaluation and the Chairman of the Joint Chiefs 

of Staff, in coordination with the Commander of the United 

Effective date. 


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126 STAT. 1660 PUBLIC LAW 112–239—JAN. 2, 2013 

States Transportation Command and the Secretaries of the 

military departments, shall jointly conduct a study that 

assesses the end-to-end, full-spectrum mobility requirements 

for all aspects of the National Military Strategy derived from 

the National Defense Strategy that is a result of the 2012 

Defense Strategic Guidance published by the President in February 2012 and other planning documents of the Department 

of Defense. 

(2) MATTERS INCLUDED.—The study under paragraph (1) 

shall include the following: 

(A) A definition of what combinations of air mobility, 

sealift, surface movements, prepositioning, forward stationing, seabasing, engineering, and infrastructure requirements and capabilities provide low, moderate, significant 

and high levels of operational risk to meet the National 

Military Strategy. 

(B) A description and analysis of the assumptions made 

by the Commander of the United States Transportation 

Command with respect to aircraft usage rates, aircraft 

mission availability rates, aircraft mission capability rates, 

aircrew ratios, aircrew production, and aircrew readiness 

rates. 

(C) An analysis of different combinations of air 

mobility, sealift, surface movements, prepositioning, forward stationing, seabasing, engineering, and infrastructure 

requirements and capabilities required to support theater 

and tactical deployment and distribution, including— 

(i) the identification, quantification, and description of the associated operational risk (as defined by 

the Military Risk Matrix in the Chairman of the Joint 

Chiefs of Staff Instruction 3401.01E) for each excursion 

as it relates to the combatant commander achieving 

strategic and operational objectives; and 

(ii) any assumptions made with respect to the 

availability of commercial airlift and sealift capabilities 

and resources when applicable. 

(D) A consideration of metrics developed during the 

most recent operational availability assessment and joint 

forcible entry operations assessment. 

(E) An assessment of requirements and capabilities 

for major combat operations, lesser contingency operations 

as specified in the Baseline Security Posture of the Department of Defense, homeland defense, defense support to 

civilian authorities, other strategic missions related to 

national missions, global strike, the strategic nuclear mission, and direct support and time-sensitive airlift missions 

of the military departments. 

(F) An examination, including a discussion of the sensitivity of any related conclusions and assumptions, of the 

variations regarding alternative modes (land, air, and sea) 

and sources (military, civilian, and foreign) of strategic 

and theater lift, and variations in forward basing, 

seabasing, prepositioning (afloat and ashore), air-refueling 

capability, advanced logistics concepts, and destination theater austerity, based on the new global footprint and global 

presence initiatives. 


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(G) An identification of mobility capability gaps, shortfalls, overlaps, or excesses, including— 

(i) an assessment of associated risks with respect 

to the ability to conduct operations; and 

(ii) recommended mitigation strategies where possible. 

(H) An identification of mobility capability alternatives 

that mitigate the potential impacts on the logistic system, 

including— 

(i) a consideration of traditional, non-traditional, 

irregular, catastrophic, and disruptive challenges; and 

(ii) a description of how derived mobility requirements and capabilities support the accepted balance 

of risk in addressing all five categories of such challenges. 

(I) The articulation of all key assumptions made in 

conducting the study with respect to— 

(i) risk; 

(ii) programmed forces and infrastructure; 

(iii) readiness, manning, and spares; 

(iv) scenario guidance from defense planning scenarios and multi-service force deployments; 

(v) concurrency of major operations; 

(vi) integrated global presence and basing strategy; 

(vii) host nation or third-country support; 

(viii) use of weapons of mass destruction by an 

enemy; and 

(ix) aircraft being used for training or undergoing 

depot maintenance or modernization. 

(J) A description of the logistics concept of operations 

and assumptions, including any support concepts, methods, 

combat support forces, and combat service support forces 

that are required to enable the projection and enduring 

support to forces both deployed and in combat for each 

analytic scenario. 

(K) An assessment, and incorporation as necessary, 

of the findings, conclusions, capability gaps, and shortfalls 

derived from the study under section 112(d) of the National 

Defense Authorization Act for Fiscal Year 2012 (Public 

Law 112–81; 125 Stat. 1318). 

(3) SUBMISSION.—The Director of Cost Assessment and Program Evaluation and the Chairman of the Joint Chiefs of 

Staff shall jointly submit to the congressional defense committees a report containing the study under paragraph (1). 

(4) FORM.—The report required by paragraph (3) shall be 

submitted in unclassified form, but may include a classified 

annex. 

(d) PRESERVATION OF CERTAIN RETIRED C–5 AIRCRAFT.—The 

Secretary of the Air Force shall preserve each C–5 aircraft that 

is retired by the Secretary during a period in which the total 

inventory of strategic airlift aircraft of the Secretary is less than 

301, such that the retired aircraft— 

(1) is stored in flyable condition; 

(2) can be returned to service; and 

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

specifically authorized by the Secretary of Defense upon a 

request by the Secretary of the Air Force. 

Reports. 


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126 STAT. 1662 PUBLIC LAW 112–239—JAN. 2, 2013 

(e) DEFINITIONS.—In this section: 

(1) The term ‘‘mobility’’ means the— 

(A) deployment, sustainment, and redeployment of the 

personnel and equipment needed to execute the National 

Defense Strategy to air and seaports of embarkation, intertheater deployment to air and seaports of debarkation, 

and intratheater deployment to tactical assembly areas; 

and 

(B) the employment of aerial refueling assets and 

intratheater movement and infrastructure in support of 

deployment and sustainment of combat forces. 

(2) The term ‘‘National Military Strategy’’ means the 

National Military Strategy prescribed by the Chairman of the 

Joint Chiefs of Staff under section 153 of title 10, United 

States Code. 

SEC. 142. RETIREMENT OF B–1 BOMBER AIRCRAFT. 

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

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

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

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

‘‘(2) The Secretary shall maintain in a common capability 

configuration not less than 36 B–1 aircraft as combat-coded aircraft. 

‘‘(3) In this subsection, the term ‘combat-coded aircraft’ means 

aircraft assigned to meet the primary aircraft authorization to 

a unit for the performance of its wartime mission.’’. 

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

Defense Authorization Act for Fiscal Year 2012 (Public Law 112– 

81; 125 Stat. 1320) is amended by striking subsection (c). 

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

(a) LIMITATIONS.— 

(1) AVIONICS MODERNIZATION PROGRAM.—The Secretary of 

the Air Force may not take any action to cancel or modify 

the avionics modernization program for C–130 aircraft until 

a period of 90 days has elapsed after the date on which the 

Secretary submits to the congressional defense committees the 

cost-benefit analysis conducted under subsection (b)(1). 

(2) CNS/ATM PROGRAM.— 

(A) IN GENERAL.—The Secretary may not take any 

action described in subparagraph (B) until a period of 90 

days has elapsed after the date on which the Secretary 

submits to the congressional defense committees the costbenefit analysis conducted under subsection (b)(1). 

(B) COVERED ACTIONS.—An action described in this 

subparagraph is an action to begin an alternative communication, navigation, surveillance, and air traffic management program for C–130 aircraft that is designed or 

intended— 

(i) to meet international communication, navigation, surveillance, and air traffic management standards for the fleet of C–130 aircraft; or 

(ii) to replace the current avionics modernization 

program for the C–130 aircraft. 

(b) COST-BENEFIT ANALYSIS.— (1) FFRDC.—The Secretary shall seek to enter into an 

agreement with the Institute for Defense Analyses to conduct 

Contracts. 

Time period. 

Definition. 

Effective date. 


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an independent cost-benefit analysis that compares the following alternatives: 

(A) Upgrading and modernizing the legacy C–130 airlift 

fleet using the C–130 avionics modernization program. 

(B) Upgrading and modernizing the legacy C–130 airlift 

fleet using a reduced scope program for avionics and mission planning systems. 

(2) MATTERS INCLUDED.—The cost-benefit analysis conducted under paragraph (1) shall take into account— 

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

(i) adopting each of the alternatives described in 

subparagraphs (A) and (B) of paragraph (1); and 

(ii) supporting C–130 aircraft that are not 

upgraded or modernized; and 

(B) the costs associated with the potential upgrades 

to avionics and mission systems that may be required 

for legacy C–130 aircraft to remain relevant and mission 

effective in the future. 

SEC. 144. TREATMENT OF CERTAIN PROGRAMS FOR THE F–22A RAPTOR 

AIRCRAFT AS MAJOR DEFENSE ACQUISITION PROGRAMS. 

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

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

as a major defense acquisition program for which Selected Acquisition Reports shall be submitted to Congress in accordance with 

the requirements of section 2432 of title 10, United States Code. 

(b) COVERED PROGRAMS.—The programs referred to in this 

subsection for the F–22A Raptor aircraft are the modernization 

Increment 3.2B and any future F–22A Raptor aircraft modernization program that would otherwise, if a standalone program, qualify 

for treatment as a major defense acquisition program for purposes 

of chapter 144 of title 10, United States Code. 

(c) OTHER REPORTS.—Not later than March 1 of each year, 

the Secretary of the Air Force shall submit to the congressional 

defense committees a report on the costs, schedules, and performances of the reliability and maintainability maturation program 

and the structural repair program of the F–22A Raptor modernization program, including a comparison of such costs, schedules, and 

performances to an appropriate baseline. 

Subtitle E—Joint and Multiservice Matters 

SEC. 151. MULTIYEAR PROCUREMENT AUTHORITY FOR V–22 JOINT AIRCRAFT PROGRAM. 

(a) AUTHORITY FOR MULTIYEAR PROCUREMENT.—Subject to section 2306b of title 10, United States Code, the Secretary of the 

Navy may enter into one or more multiyear contracts, beginning 

with the fiscal year 2013 program year, for the procurement of 

V–22 aircraft for the Department of the Navy, the Department 

of the Air Force, and the United States Special Operations Command. 

(b) CONDITION FOR OUT-YEAR CONTRACT PAYMENTS.—A contract entered into under subsection (a) shall provide that any obligation of the United States to make a payment under the contract 

for a fiscal year after fiscal year 2013 is subject to the availability 

of appropriations for that purpose for such later fiscal year. 

Reports. 


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126 STAT. 1664 PUBLIC LAW 112–239—JAN. 2, 2013 

SEC. 152. PROCUREMENT OF SPACE-BASED INFRARED SYSTEMS SATELLITES. 

(a) CONTRACT AUTHORITY.— 

(1) IN GENERAL.—The Secretary of the Air Force may procure two space-based infrared systems satellites by entering 

into a fixed-price contract. Such procurement may also 

include— 

(A) material and equipment in economic order quantities when cost savings are achievable; and 

(B) cost-reduction initiatives. 

(2) USE OF INCREMENTAL FUNDING.—With respect to a contract entered into under paragraph (1) for the procurement 

of space-based infrared systems satellites, the Secretary may 

use incremental funding for a period not to exceed six fiscal 

years. 

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

(1) shall provide that any obligation of the United States to 

make a payment under the contract is subject to the availability 

of appropriations for that purpose, and that the total liability 

to the Government for termination of any contract entered 

into shall be limited to the total amount of funding obligated 

at the time of termination. 

(b) LIMITATION OF COSTS.— 

(1) LIMITATION.—Except as provided by subsection (c), and 

excluding amounts described in paragraph (2), the total amount 

obligated or expended for the procurement of two space-based 

infrared systems satellites authorized by subsection (a) may 

not exceed $3,900,000,000. 

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

are amounts associated with the following: 

(A) Plans. 

(B) Technical data packages. 

(C) Post delivery and program support costs. 

(D) Technical support for obsolescence studies. 

(c) WAIVER AND ADJUSTMENT TO LIMITATION AMOUNT.— 

(1) WAIVER.—In accordance with paragraph (2), the Secretary may waive the limitation in subsection (b)(1) if the 

Secretary submits to the congressional defense committees and 

the Permanent Select Committee on Intelligence of the House 

of Representatives written notification of the adjustment made 

to the amount set forth in such subsection. 

(2) ADJUSTMENT.—Upon waiving the limitation under paragraph (1), the Secretary may adjust the amount set forth in 

subsection (b)(1) by the following: 

(A) The amounts of increases or decreases in costs 

attributable to economic inflation after September 30, 2012. 

(B) The amounts of increases or decreases in costs 

attributable to compliance with changes in Federal, State, 

or local laws enacted after September 30, 2012. 

(C) The amounts of increases or decreases in costs 

of the satellites that are attributable to insertion of new 

technology into a space-based infrared system, as compared 

to the technology built into such a system procured prior 

to fiscal year 2013, if the Secretary determines, and certifies to the congressional defense committees, that insertion of the new technology is— 

Determination. 

Certification. 

Notification. 


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(i) expected to decrease the life-cycle cost of the 

system; or 

(ii) required to meet an emerging threat that poses 

grave harm to national security. 

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

the Secretary awards a contract under subsection (a), the Secretary 

shall submit to the congressional defense committees and the 

Permanent Select Committee on Intelligence of the House of Representatives a report on such contract, including the following: 

(1) The total cost savings resulting from the authority 

provided by subsection (a). 

(2) The type and duration of the contract awarded. 

(3) The total contract value. 

(4) The funding profile by year. 

(5) The terms of the contract regarding the treatment of 

changes by the Federal Government to the requirements of 

the contract, including how any such changes may affect the 

success of the contract. 

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

(1) to improve the capability of overhead persistent infrared, 

including a description of— 

(A) the available funds, by year, resulting from such 

cost savings; 

(B) the specific activities or subprograms to be funded 

by such cost savings and the funds, by year, allocated 

to each such activity or subprogram; 

(C) the objectives for each such activity or subprogram 

and the criteria used by the Secretary to determine which 

such activity or subprogram to fund; 

(D) the method in which such activities or subprograms 

will be awarded, including whether it will be on a competitive basis; and 

(E) the process for determining how and when such 

activities and subprograms would transition to an existing 

program or be established as a new program of record. 

(e) USE OF FUNDS AVAILABLE FOR SPACE VEHICLE NUMBERS

5 AND 6.—The Secretary may obligate and expend amounts authorized to be appropriated for fiscal year 2013 by section 101 for 

procurement, Air Force, as specified in the funding table in section 

4101 and available for the advanced procurement of long-lead parts 

and the replacement of obsolete parts for space-based infrared 

system satellite space vehicle numbers 5 and 6. 

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

Secretary should not enter into a fixed-price contract under subsection (a) for the procurement of two space-based infrared system 

satellites unless the Secretary determines that entering into such 

a contract will save the Air Force substantial savings, as required 

under section 2306b of title 10, United States Code, over the cost 

of procuring two such satellites separately. 

SEC. 153. LIMITATION ON AVAILABILITY OF FUNDS FOR EVOLVED 

EXPENDABLE LAUNCH VEHICLE PROGRAM. 

(a) LIMITATION.—Of the funds authorized to be appropriated 

by this Act or otherwise made available for fiscal year 2013 for 

the Air Force for the evolved expendable launch vehicle program, 

10 percent may not be obligated or expended until the date on 

Determination. 


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126 STAT. 1666 PUBLIC LAW 112–239—JAN. 2, 2013 

which the Secretary of the Air Force submits to the appropriate 

congressional committees— 

(1) a report describing the acquisition strategy for such 

program; and 

(2) written certification that such strategy— 

(A) maintains assured access to space; 

(B) achieves substantial cost savings; and 

(C) provides opportunities for competition. 

(b) MATTERS INCLUDED.—The report under subsection (a)(1) 

shall include the following information: 

(1) The anticipated savings to be realized under the acquisition strategy for the evolved expendable launch vehicle program. 

(2) The number of launch vehicle booster cores covered 

by the planned contract for such program. 

(3) The number of years covered by such contract. 

(4) An assessment of when new entrants that have submitted a statement of intent will be certified to compete for 

evolved expendable launch vehicle-class launches. 

(5) The projected launch manifest, including possible 

opportunities for certified new entrants to compete for evolved 

expendable launch vehicle-class launches. 

(6) Any other relevant analysis used to inform the acquisition strategy for such program. 

(c) COMPTROLLER GENERAL.— 

(1) REVIEW.—The Comptroller General of the United States 

shall review the report under subsection (a)(1). 

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

on which the report under subsection (a)(1) is submitted to 

the appropriate congressional committees, the Comptroller General shall— 

(A) submit to such committees a report on the review 

under paragraph (1); or 

(B) provide to such committees a briefing on such 

review. 

(d) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In 

this section, the term ‘‘appropriate congressional committees’’ means 

the following: 

(1) The congressional defense committees. 

(2) The Permanent Select Committee on Intelligence of 

the House of Representatives and the Select Committee on 

Intelligence of the Senate. 

SEC. 154. LIMITATION ON AVAILABILITY OF FUNDS FOR RETIREMENT 

OF RQ–4 GLOBAL HAWK UNMANNED AIRCRAFT SYSTEMS. 

(a) LIMITATION.—None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 

2013 for the Department of Defense may be obligated or expended 

to retire, prepare to retire, or place in storage an RQ–4 Block 

30 Global Hawk unmanned aircraft system. 

(b) MAINTAINED LEVELS.—During the period preceding 

December 31, 2014, in supporting the operational requirements 

of the combatant commands, the Secretary of the Air Force shall 

maintain the operational capability of each RQ–4 Block 30 Global 

Hawk unmanned aircraft system belonging to the Air Force or 

delivered to the Air Force during such period. 

Briefing. 

Reports. 

Deadline. 

Certification. 

Reports. 


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PUBLIC LAW 112–239—JAN. 2, 2013 126 STAT. 1667 

SEC. 155. REQUIREMENT TO SET F–35 AIRCRAFT INITIAL OPERATIONAL 

CAPABILITY DATES. 

(a) F–35A.—Not later than June 1, 2013, the Secretary of 

the Air Force shall— 

(1) establish the initial operational capability date for the 

F–35A aircraft; and 

(2) submit to the congressional defense committees a report 

on the details of such initial operational capability. 

(b) F–35B AND F–35C.—Not later than June 1, 2013, the Secretary of the Navy shall— 

(1) establish the initial operational capability dates for 

the F–35B and F–35C aircraft; and 

(2) submit to the congressional defense committees a report 

on the details of such initial operational capabilities for both 

variants. 

SEC. 156. SHALLOW WATER COMBAT SUBMERSIBLE PROGRAM. 

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

of the enactment of this Act, the Assistant Secretary of Defense 

for Special Operations and Low-Intensity Conflict, in coordination 

with the Commander of the United States Special Operations Command, shall submit to the congressional defense committees a report 

setting forth the following: 

(1) A description of all efforts under the Shallow Water 

Combat Submersible program and the United States Special 

Operations Command to improve the accuracy of the tracking 

of the schedule and costs of the program. 

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

capability of the Shallow Water Combat Submersible, including 

details outlining and justifying the revised baseline to the program. 

(3) Current cost estimates to meet the basis of issue 

requirement under the program. 

(4) An assessment of existing program risk through the 

completion of operational testing. 

(b) SUBSEQUENT REPORTS.— 

(1) QUARTERLY REPORTS REQUIRED.—The Assistant Secretary, in coordination with the Commander of the United 

States Special Operations Command, shall submit to the 

congressional defense committees on a quarterly basis updates 

on the schedule and cost performance of the contractor of the 

Shallow Water Combat Submersible program, including metrics 

from the earned value management system. 

(2) SUNSET.—The requirement in paragraph (1) shall cease 

on the date the Shallow Water Combat Submersible has completed operational testing and has been found to be operationally effective and operationally suitable. 

SEC. 157. REQUIREMENT THAT TACTICAL MANNED INTELLIGENCE, 

SURVEILLANCE, AND RECONNAISSANCE AIRCRAFT AND 

UNMANNED AERIAL VEHICLES USE SPECIFIED STANDARD 

DATA LINK. 

(a) REQUIREMENT.—The Secretary of Defense shall take such 

steps as necessary to ensure that (except as specified in subsection 

(c)) all covered aircraft of the Army, Navy, Marine Corps, and 

Air Force are equipped and configured so that— 

Deadline. 

Reports. 


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126 STAT. 1668 PUBLIC LAW 112–239—JAN. 2, 2013 

(1) the data link used by those vehicles is the Department 

of Defense standard tactical manned intelligence, surveillance, 

and reconnaissance aircraft and unmanned aerial vehicle data 

link known as the Common Data Link or a data link that 

uses waveform capable of transmitting and receiving Internet 

Protocol communications; and 

(2) with respect to unmanned aerial vehicles, such vehicles 

use data formats consistent with the architectural standard 

known as STANAG 4586 that was developed to facilitate multinational interoperability among NATO member nations. 

(b) SOLICITATIONS.—The Secretary of Defense shall ensure that 

any solicitation issued for a Common Data Link described in subsection (a), regardless of whether the solicitation is issued by a 

military department or a contractor with respect to a subcontract— 

(1) conforms to a Department of Defense specification 

standard, including interfaces and waveforms, existing as of 

the date of the solicitation; and 

(2) does not include any proprietary or undocumented waveforms or control interfaces or data interfaces as a requirement 

or criterion for evaluation. 

(c) WAIVER.—The Under Secretary of Defense for Acquisition, 

Technology, and Logistics may waive the applicability of this section 

to any covered aircraft if the Under Secretary determines, and 

certifies to the congressional defense committees, that— 

(1) it would be technologically infeasible or economically 

unacceptable to apply this section to such aircraft; or 

(2) such aircraft is under a special access program that 

is not considered a major defense acquisition program. 

(d) COVERED AIRCRAFT DEFINED.—In this section, the term 

‘‘covered aircraft’’ means— 

(1) tactical manned intelligence, surveillance, and reconnaissance aircraft; and 

(2) unmanned aerial vehicles. 

(e) CONFORMING REPEAL.—Section 141 of the National Defense 

Authorization Act for Fiscal Year 2006 (Public Law 109–163; 119 

Stat. 3163) is repealed. 

SEC. 158. STUDY ON SMALL ARMS AND SMALL-CALIBER AMMUNITION 

CAPABILITIES. 

(a) STUDY.— 

(1) IN GENERAL.—Not later than 30 days after the date 

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

enter into a contract with a federally funded research and 

development center to conduct a study on the requirements 

analysis and determination processes and capabilities of the 

Department of Defense with respect to small arms and smallcaliber ammunition that carries out each of the following: 

(A) A comparative evaluation of the current military 

small arms in use by the Armed Forces, including general 

purpose and special operations forces, and select military 

equivalent commercial candidates not necessarily in use 

militarily but currently available. 

(B) A comparative evaluation of the standard smallcaliber ammunition of the Department with other smallcaliber ammunition alternatives. 

Deadline. 

Determination. 

Certification. 


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(C) An assessment of the current plans of the Department to modernize the small arms and small-caliber 

ammunition capabilities of the Department. 

(D) An assessment of the requirements analysis and 

determination processes of the Department for small arms 

and small-caliber ammunition. 

(2) FACTORS TO CONSIDER.—The study required under paragraph (1) shall take into consideration the following factors: 

(A) Current and future operating environments, as 

specified or referred to in strategic guidance and planning 

documents of the Department. 

(B) Capability gaps identified in small arms and smallcaliber ammunition capabilities based assessments of the 

Department. 

(C) Actions taken by the Secretary to address capability 

gaps identified in any such capabilities based assessments. 

(D) Findings from studies of the Department of Defense 

Small Arms and Small-Caliber Ammunition defense support team and actions taken by the Secretary in response 

to such findings. 

(E) Findings from the assessment required by section 

143 of the Duncan Hunter National Defense Authorization 

Act for Fiscal Year 2009 (Public Law 110–417; 10 U.S.C. 

2304 note) and actions taken by the Secretary in response 

to such findings. 

(F) Modifications and improvements recently applied 

to small arms and small-caliber ammunition of the Armed 

Forces, including general purpose and special operations 

forces, as well as the potential for continued modification 

and improvement. 

(G) Impacts to the small arms production industrial 

base and small-caliber ammunition industrial base, if any, 

associated with changes from current U.S. or NATO 

standard caliber weapons or ammunition sizes. 

(H) Total life cycle costs of each small arms system 

and small-caliber ammunition, including incremental 

increases in cost for industrial facilitization or small arms 

and ammunition procurement, if any, associated with 

changes described in subparagraph (G). 

(I) Any other factor the federally funded research and 

development center considers appropriate. 

(3) ACCESS TO INFORMATION.—The Secretary shall ensure 

that the federally funded research and development center 

conducting the study under paragraph (1) has access to all 

necessary data, records, analyses, personnel, and other 

resources necessary to complete the study. 

(b) REPORT.— 

(1) IN GENERAL.—Not later than September 30, 2013, the 

Secretary shall submit to the congressional defense committees 

a report containing the results of the study conducted under 

subsection (a)(1), together with the comments of the Secretary 

on the findings contained in the study. 

(2) CLASSIFIED ANNEX.—The report shall be in unclassified 

form, but may contain a classified annex. 

(c) SMALL ARMS DEFINED.—In this section, the term ‘‘small 

arms’’ means weapons assigned to and operated by an individual 


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126 STAT. 1670 PUBLIC LAW 112–239—JAN. 2, 2013 

member of the Armed Forces, including handguns, rifles and carbines (including sniper and designated marksman weapons), submachine guns, and light-machine guns. 

TITLE II—RESEARCH, DEVELOPMENT, 

TEST, AND EVALUATION 

Subtitle A—Authorization of Appropriations 

Sec. 201. Authorization of appropriations. 

Subtitle B—Program Requirements, Restrictions, and Limitations 

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

Sec. 212. Extension of limitation on availability of funds for Unmanned Carrierlaunched Surveillance and Strike system program. 

Sec. 213. Limitation on availability of funds for milestone A activities for an Army 

medium range multi-purpose vertical takeoff and landing unmanned 

aircraft system. 

Sec. 214. Use of funds for conventional prompt global strike program. 

Sec. 215. Next Generation Foundry for the Defense Microelectronics Activity. 

Sec. 216. Advanced rotorcraft initiative. 

Subtitle C—Missile Defense Programs 

Sec. 221. Prohibition on the use of funds for the MEADS program. 

Sec. 222. Availability of funds for Iron Dome short-range rocket defense program. 

Sec. 223. Authority for relocation of certain Aegis weapon system assets between 

and within the DDG–51 class destroyer and Aegis Ashore programs in 

order to meet mission requirements. 

Sec. 224. Evaluation of alternatives for the precision tracking space system. 

Sec. 225. Next generation Exo-atmospheric Kill Vehicle. 

Sec. 226. Modernization of the Patriot air and missile defense system. 

Sec. 227. Evaluation and environmental impact assessment of potential future missile defense sites in the United States. 

Sec. 228. Homeland ballistic missile defense. 

Sec. 229. Regional ballistic missile defense. 

Sec. 230. NATO contributions to missile defense in Europe. 

Sec. 231. Report on test plan for the ground-based midcourse defense system. 

Sec. 232. Sense of Congress on missile defense. 

Sec. 233. Sense of Congress on the submittal to Congress of the homeland defense 

hedging policy and strategy report of the Secretary of Defense. 

Subtitle D—Reports 

Sec. 241. Mission packages for the Littoral Combat Ship. 

Sec. 242. Study on electronic warfare capabilities of the Marine Corps. 

Sec. 243. Conditional requirement for report on amphibious assault vehicles for the 

Marine Corps. 

Sec. 244. Report on cyber and information technology research investments of the 

Air Force. 

Sec. 245. National Research Council review of defense science and technical graduate education needs. 

Subtitle E—Other Matters 

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

possessions of the United States. 

Sec. 252. Regional advanced technology clusters. 

Sec. 253. Sense of Congress on increasing the cost-effectiveness of training exercises for members of the Armed Forces. 


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PUBLIC LAW 112–239—JAN. 2, 2013 126 STAT. 1671 

Subtitle A—Authorization of 

Appropriations 

SEC. 201. AUTHORIZATION OF APPROPRIATIONS. 

Funds are hereby authorized to be appropriated for fiscal year 

2013 for the use of the Department of Defense for research, development, test, and evaluation as specified in the funding table in 

section 4201. 

Subtitle B—Program Requirements, 

Restrictions, and Limitations 

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

NUCLEAR CERTIFICATION REQUIREMENT. 

The Secretary of the Air Force shall ensure that the nextgeneration long-range strike bomber is— 

(1) capable of carrying strategic nuclear weapons as of 

the date on which such aircraft achieves initial operating capability; and 

(2) certified to use such weapons by not later than two 

years after such date. 

SEC. 212. EXTENSION OF LIMITATION ON AVAILABILITY OF FUNDS 

FOR UNMANNED CARRIER-LAUNCHED SURVEILLANCE 

AND STRIKE SYSTEM PROGRAM. 

(a) EXTENSION OF LIMITATION.—Subsection (a) of section 213 

of the National Defense Authorization Act for Fiscal Year 2012 

(Public Law 112–81; 125 Stat. 1330) is amended by inserting ‘‘or 

fiscal year 2013’’ after ‘‘fiscal year 2012’’. 

(b) TECHNOLOGY DEVELOPMENT PHASE.—Such section is further 

amended by adding at the end the following new subsection: 

‘‘(d) TECHNOLOGY DEVELOPMENT AND PRELIMINARY DESIGN

PHASES.— 

‘‘(1) CONTRACTORS.—In accordance with paragraph (2), the 

Secretary of the Navy may not reduce the number of prime 

contractors working on the Unmanned Carrier-launched 

Surveillance and Strike system program to one prime contractor 

for the technology development phase of such program prior 

to the program achieving the preliminary design review milestone. 

‘‘(2) PRELIMINARY DESIGN REVIEW.—After the date on which 

the Unmanned Carrier-launched Surveillance and Strike 

system program achieves the preliminary design review milestone, the Secretary may not reduce the number of prime 

contractors working on the program to one prime contractor 

until— 

‘‘(A) the preliminary design reviews of the program 

are completed; 

‘‘(B) the Under Secretary of Defense for Acquisition, 

Technology, and Logistics assesses the completeness of the 

preliminary design reviews of the program for each participating prime contractor; 

‘‘(C) the Under Secretary submits to the congressional 

defense committees a report that includes— 

Reports. 

Deadline. 


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‘‘(i) a summary of the assessment of the preliminary design reviews of the program conducted under 

subparagraph (B); and 

‘‘(ii) a certification that each preliminary design 

review of the program was complete and was not abbreviated when compared to preliminary design reviews 

conducted for other major defense acquisition programs 

consistent with the policies specified in Department 

of Defense Instruction 5000.02; and 

‘‘(D) a period of 30 days has elapsed following the 

date on which the Under Secretary submits the report 

under subparagraph (C).’’. 

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

by striking ‘‘Future Unmanned Carrier-based Strike System’’ each 

place it appears and inserting ‘‘Unmanned Carrier-launched 

Surveillance and Strike system’’. 

SEC. 213. LIMITATION ON AVAILABILITY OF FUNDS FOR MILESTONE 

A ACTIVITIES FOR AN ARMY MEDIUM RANGE MULTI-PURPOSE VERTICAL TAKEOFF AND LANDING UNMANNED AIRCRAFT SYSTEM. 

(a) LIMITATION.—None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 

2013 for research, development, test, and evaluation, Army, may 

be obligated or expended for Milestone A activities with respect 

to a medium-range multi-purpose vertical take-off and landing 

unmanned aircraft system until— 

(1) the Chairman of the Joint Requirements Oversight 

Council certifies in writing to the appropriate congressional 

committees that the Joint Requirements Oversight Council 

determines that— 

(A) such system is required to meet a required capability or requirement validated by the Council; and 

(B) as of the date of the certification, an unmanned 

aircraft system in the operational inventory of a military 

department that was selected using competitive procedures 

cannot meet such capability or be modified to meet such 

capability in a more cost effective way; and 

(C) the acquisition strategy for such a capability 

includes competitive procedures as a requirement; and 

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

on which the Chairman submits the certification under paragraph (1). 

(b) DEFINITIONS.—In this section: 

(1) The term ‘‘appropriate congressional committees’’ 

means— 

(A) the Committee on Armed Services, the Committee 

on Appropriations, and the Permanent Select Committee 

on Intelligence of the House of Representatives; and 

(B) the Committee on Armed Services, the Committee 

on Appropriations, and the Select Committee on Intelligence of the Senate. 

(2) The term ‘‘competitive procedures’’ has the meaning 

given that term in section 2302(2) of title 10, United States 

Code. 

(3) The term ‘‘Milestone A activities’’ means, with respect 

to an acquisition program of the Department of Defense— 

Time period. 

Certification. 

Time period. 

Certification. 


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(A) the distribution of request for proposals; 

(B) the selection of technology demonstration contractors; and 

(C) technology development. 

SEC. 214. USE OF FUNDS FOR CONVENTIONAL PROMPT GLOBAL 

STRIKE PROGRAM. 

(a) COMPETITIVE PROCEDURES.—Except as provided by subsection (b), the Secretary of Defense shall ensure that any funds 

authorized to be appropriated by this Act or otherwise made available for fiscal year 2013 for activities of the conventional prompt 

global strike program are obligated or expended using competitive 

solicitation procedures to involve industry as well as government 

partners to the extent feasible. 

(b) WAIVER.—The Secretary may waive the requirement to use 

competitive solicitation procedures under subsection (a) if— 

(1) the Secretary— 

(A) determines that using such procedures is not feasible; and 

(B) notifies the congressional defense committees of 

such determination; and 

(2) a period of 5 days elapses after the date on which 

the Secretary makes such notification under paragraph (1)(B). 

SEC. 215. NEXT GENERATION FOUNDRY FOR THE DEFENSE MICROELECTRONICS ACTIVITY. 

None of the funds authorized to be appropriated by this Act 

or otherwise made available for fiscal year 2013 for research, 

development, test, and evaluation for the Next Generation Foundry 

for the Defense Microelectronics Activity (PE #603720S) may be 

obligated or expended for that purpose until a period of 60 days 

has elapsed following the date on which the Assistant Secretary 

of Defense for Research and Engineering— 

(1) develops a microelectronics strategy as described in 

the Senate report to accompany S. 1253 of the 112th Congress 

(S. Rept. 112–26) and an estimate of the full life-cycle costs 

for the upgrade of the Next Generation Foundry; 

(2) develops an assessment regarding the manufacturing 

capability of the United States to produce three-dimensional 

integrated circuits to serve national defense interests; and 

(3) submits to the congressional defense committees the 

strategy and cost estimate required by paragraph (1) and the 

assessment required by paragraph (2). 

SEC. 216. ADVANCED ROTORCRAFT INITIATIVE. 

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

the enactment of this Act, the Under Secretary of Defense for 

Acquisition, Technology, and Logistics shall, in consultation with 

the military departments and the Defense Advanced Research 

Projects Agency, submit to the congressional defense committees 

a report setting forth a strategy for the use of integrated platform 

design teams and agile prototyping approaches for the development 

of advanced rotorcraft capabilities. 

(b) ELEMENTS.—The strategy required by subsection (a) shall 

include the following: 

(1) Mechanisms for establishing agile prototyping practices 

and programs, including rotorcraft X-planes, and an identification of the resources required for such purposes. 

Deadline. 

Reports. 

Estimate. 

Assessment. 

Strategy. 

Time period. 

Time period. 

Notification. 

Determination. 


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(2) The X-Plane Rotorcraft program of the Defense 

Advanced Research Projects Agency with performance objectives beyond those of the Joint Multi-role development program, 

including at least two competing teams. 

(3) Approaches, including potential competitive prize 

awards, to encourage the development of advanced rotorcraft 

capabilities to address challenge problems such as nap-of-earth 

automated flight, urban operation near buildings, slope 

landings, automated autorotation or power-off recovery, and 

automated selection of landing areas. 

Subtitle C—Missile Defense Programs 

SEC. 221. PROHIBITION ON THE USE OF FUNDS FOR THE MEADS PROGRAM. 

None of the funds authorized to be appropriated by this Act 

or otherwise made available for fiscal year 2013 for the Department 

of Defense may be obligated or expended for the medium extended 

air defense system. 

SEC. 222. AVAILABILITY OF FUNDS FOR IRON DOME SHORT-RANGE 

ROCKET DEFENSE PROGRAM. 

Of the funds authorized to be appropriated for fiscal year 

2013 by section 201 for research, development, test, and evaluation, 

Defense-wide, and available for the Missile Defense Agency, 

$211,000,000 may be provided to the Government of Israel for 

the Iron Dome short-range rocket defense program as specified 

in the funding table in section 4201. 

SEC. 223. AUTHORITY FOR RELOCATION OF CERTAIN AEGIS WEAPON 

SYSTEM ASSETS BETWEEN AND WITHIN THE DDG–51 CLASS 

DESTROYER AND AEGIS ASHORE PROGRAMS IN ORDER 

TO MEET MISSION REQUIREMENTS. 

(a) TRANSFER TO AEGIS ASHORE SYSTEM.—Notwithstanding any 

other provision of law, the Secretary of the Navy may transfer 

Aegis weapon system equipment with ballistic missile defense capability to the Director of the Missile Defense Agency for use by 

the Director in the Aegis Ashore System for installation in the 

country designated as ‘‘Host Nation 1’’ by transferring to the Agency 

such equipment procured with amounts authorized to be appropriated for shipbuilding and conversion, Navy, for fiscal years 2010 

and 2011 for the DDG–51 Class Destroyer Program. 

(b) ADJUSTMENTS IN EQUIPMENT DELIVERIES.— 

(1) USE OF FY12 FUNDS FOR AWS SYSTEMS ON DESTROYERS

PROCURED WITH FY11 FUNDS.—Amounts authorized to be appropriated for shipbuilding and conversion, Navy, for fiscal year 

2012, and any Aegis weapon system assets procured with such 

amounts, may be used to deliver complete, mission-ready Aegis 

weapon systems with ballistic missile defense capability to any 

DDG–51 class destroyer for which amounts were authorized 

to be appropriated for shipbuilding and conversion, Navy, for 

fiscal year 2011. 

(2) USE OF AWS SYSTEMS PROCURED WITH RDT&E FUNDS

ON DESTROYERS.—The Secretary may install on any DDG–51 

class destroyer Aegis weapon systems with ballistic missile 

defense capability transferred pursuant to subsection (c). 


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PUBLIC LAW 112–239—JAN. 2, 2013 126 STAT. 1675 

(c) TRANSFER FROM AEGIS ASHORE SYSTEM.—The Director shall 

transfer Aegis weapon system equipment with ballistic missile 

defense capability procured for installation in the Aegis Ashore 

System to the Secretary for the DDG–51 Class Destroyer Program 

to replace any equipment transferred to the Director under subsection (a). 

(d) TREATMENT OF TRANSFER IN FUNDING DESTROYER

CONSTRUCTION.—Notwithstanding the source of funds for any equipment transferred under subsection (c), the Secretary shall fund 

all work necessary to complete construction and outfitting of any 

destroyer in which such equipment is installed in the same manner 

as if such equipment had been acquired using amounts in the 

shipbuilding and conversion, Navy, account. 

SEC. 224. EVALUATION OF ALTERNATIVES FOR THE PRECISION 

TRACKING SPACE SYSTEM. 

(a) LIMITATION.—Of the funds authorized to be appropriated 

by this Act or otherwise made available for fiscal year 2013 for 

the Missile Defense Agency for the precision tracking space system, 

not more than 75 percent may be obligated or expended until 

the date on which— 

(1) the Director of Cost Assessment and Program Evaluation completes the evaluation under subsection (b)(1); and 

(2) the terms of reference for the evaluation under subsection (b)(1)(B) are— 

(A) approved by the Missile Defense Executive Board, 

in coordination with the Defense Space Council; and 

(B) submitted to the congressional defense committees. 

(b) INDEPENDENT COST ESTIMATE AND EVALUATION OF ALTERNATIVES REQUIRED.— 

(1) IN GENERAL.—The Director of Cost Assessment and 

Program Evaluation shall perform— 

(A) an independent cost estimate for the precision 

tracking space system; and 

(B) a comprehensive assessment evaluation of alternatives for such system. 

(2) BASIS OF EVALUATION.—The evaluation under paragraph (1)(B) shall be based on a clear articulation by the 

Director of the Missile Defense Agency of— 

(A) the space-based and ground-based sensors that will 

be required to be maintained to aid the precision tracking 

space system constellation; 

(B) the number of satellites to be procured for a first 

constellation, including the projected lifetime of such satellites in the first constellation, and the number projected 

to be procured for a first and, if applicable, second 

replenishment; 

(C) the technological and acquisition risks of such 

system, including systems engineering and ground system 

development; 

(D) an evaluation of the technological capability differences between the precision tracking space system 

tracking sensor and the space tracking and surveillance 

system tracking sensor; 

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

of Cost Assessment and Program Evaluation, between such 

systems, including costs relating to launch services; and 


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126 STAT. 1676 PUBLIC LAW 112–239—JAN. 2, 2013 

(F) any other matters the Director believes useful that 

do not unduly delay completion of the evaluation. 

(3) EVALUATION.—In conducting the evaluation under paragraph (1)(B), the Director of Cost Assessment and Program 

Evaluation shall— 

(A) evaluate whether the precision tracking space 

system, as planned by the Director of the Missile Defense 

Agency in the budget submitted to Congress under section 

1105 of title 31, United States Code, for fiscal year 2013, 

is the most cost effective and best value sensor option 

with respect to land-, air-, or space-based sensors, or a 

combination thereof, to improve the regional missile 

defense and homeland missile defense of the United States, 

including by adding precision tracking and discrimination 

capability to the ground-based midcourse defense system; 

(B) examine the overhead persistent infrared satellite 

data or other data that are available as of the date of 

the evaluation that are not being used for ballistic missile 

tracking; 

(C) determine whether and how using the data 

described in subparagraph (B) could improve sensor coverage for the homeland missile defense of the United States 

and regional missile defense capabilities; 

(D) study the plans of the Director of the Missile 

Defense Agency to integrate the precision tracking space 

system concept into the ballistic missile defense system 

and evaluate the concept of operations and missile defense 

engagement scenarios of such use; 

(E) consider the agreement entered into under subsection (d)(1); and 

(F) consider any other matters the Director believes 

useful that do not unduly delay completion of the evaluation. 

(4) COST DETERMINATION.—-In conducting the independent 

cost estimate under paragraph (1)(A), the Director of Cost 

Assessment and Program Evaluation shall take into account 

acquisition costs and operation and sustainment costs during 

the initial 10-year and 20-year periods. 

(5) COOPERATION.—The Director of the Missile Defense 

Agency shall provide to the Director of Cost Assessment and 

Program Evaluation the information necessary to conduct the 

independent cost estimate and the evaluation of alternatives 

of such program under paragraph (1). 

(c) SUBMISSION REQUIRED.—Not later than April 30, 2013, the 

Director of Cost Assessment and Program Evaluation shall submit 

to the congressional defense committees the independent cost estimate and evaluation under subparagraphs (A) and (B) of subsection 

(b)(1). 

(d) MEMORANDUM OF AGREEMENT.— 

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

Agency shall enter into a memorandum of agreement with 

the Commander of the Air Force Space Command with respect 

to the space situational awareness capabilities, requirements, 

design, and cost sharing of the precision tracking space system. 

(2) SUBMISSION.—The Director shall submit to the congressional defense committees the agreement entered into under 

paragraph (1). 

Deadline. 

Time periods. 


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(e) REVIEW BY THE COMPTROLLER GENERAL.— (1) TERMS OF REFERENCE.—The Comptroller General of 

the United States shall provide to the congressional defense 

committees— 

(A) by not later than 30 days after the date on which 

the terms of reference for the evaluation under subsection 

(b)(1)(B) are provided to such committees pursuant to subsection (a)(2), a briefing on the views of the Comptroller 

General with respect to such terms of reference and their 

conformance with the best practices for analyses of alternatives established by the Comptroller General; and 

(B) a final report on such terms as soon as practicable 

following the date of the briefing under subparagraph (A). 

(2) COMPREHENSIVE PTSS ASSESSMENT.—The Comptroller 

General shall further provide to the congressional defense 

committees— 

(A) by not later than 60 days after the date on which 

the evaluation is submitted to such committees under subsection (c), a briefing on the views of the Comptroller 

General with respect to such evaluation; and 

(B) a final report on such evaluation as soon as practicable following the date of the briefing under subparagraph (A). 

SEC. 225. NEXT GENERATION EXO-ATMOSPHERIC KILL VEHICLE. 

(a) PLAN FOR NEXT GENERATION KILL VEHICLE.—The Director 

of the Missile Defense Agency shall develop a long-term plan for 

the exo-atmospheric kill vehicle that addresses both modifications 

and enhancements to the current exo-atmospheric kill vehicle and 

options for the competitive development of a next generation exoatmospheric kill vehicle for the ground-based interceptor of the 

ground-based midcourse defense system and any other interceptor 

that might be developed for the defense of the United States against 

long-range ballistic missiles. 

(b) DEFINITION OF PARAMETERS AND CAPABILITIES.— 

(1) ASSESSMENT REQUIRED.—The Director shall define the 

desired technical parameters and performance capabilities for 

a next generation exo-atmospheric kill vehicle using an assessment conducted by the Director for that purpose that is 

designed to ensure that a next generation exo-atmospheric kill 

vehicle design— 

(A) enables ease of manufacturing, high tolerances to 

production processes and supply chain variability, and 

inherent reliability; 

(B) will be optimized to take advantage of the ballistic 

missile defense system architecture and sensor system 

capabilities; 

(C) leverages all relevant kill vehicle development 

activities and technologies, including from the current 

standard missile–3 block IIB program and the previous 

multiple kill vehicle technology development program; 

(D) seeks to maximize, to the greatest extent practicable, commonality between subsystems of a next generation exo-atmospheric kill vehicle and other exo-atmospheric 

kill vehicle programs; and 

(E) meets Department of Defense criteria, as established in the February 2010 Ballistic Missile Defense 

Deadlines. 

Briefings. 

Reports. 


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126 STAT. 1678 PUBLIC LAW 112–239—JAN. 2, 2013 

Review, for affordability, reliability, suitability, and operational effectiveness to defend against limited attacks from 

evolving and future threats from long-range missiles. 

(2) EVALUATION OF PAYLOADS.—The assessment required 

by paragraph (1) shall include an evaluation of the potential 

benefits and drawbacks of options for both unitary and multiple 

exo-atmospheric kill vehicle payloads. 

(3) STANDARD MISSILE–3 BLOCK IIB INTERCEPTOR.—As part 

of the assessment required by paragraph (1), the Director shall 

evaluate whether there are potential options and opportunities 

arising from the standard missile–3 block IIB interceptor 

development program for development of an exo-atmospheric 

kill vehicle, or kill vehicle technologies or components, that 

could be used for potential upgrades to the ground-based interceptor or for a next generation exo-atmospheric kill vehicle. 

(c) REPORT.— (1) IN GENERAL.—Not later than 180 days after the date 

of the enactment of this Act, the Director shall submit to 

the congressional defense committees a report setting forth 

the plan developed under subsection (a), including the results 

of the assessment under subsection (b), and an estimate of 

the cost and schedule of implementing the plan. 

(2) FORM.—The report required by paragraph (1) shall be 

submitted in unclassified form, but may include a classified 

annex. 

SEC. 226. MODERNIZATION OF THE PATRIOT AIR AND MISSILE 

DEFENSE SYSTEM. 

(a) PLAN FOR MODERNIZATION.—Not later than 180 days after 

the date of the enactment of this Act, the Secretary of the Army 

shall submit to the congressional defense committees a prioritized 

plan for support of the long-term requirements in connection with 

the modernization of the Patriot air and missile defense system 

and related systems of the integrated air and missile defense 

architecture. 

(b) ADDITIONAL ELEMENTS.—The report required by subsection 

(a) shall also set forth the following: 

(1) An explanation of the requirements and goals for the 

Patriot air and missile defense system and related systems 

of the integrated air and missile defense architecture during 

the 10-year period beginning on the date of the report. 

(2) An assessment of the integrated air and missile defense 

capabilities required to meet the demands of evolving and 

emerging threats during the ten-year period beginning on the 

date of the report. 

(3) A plan for the introduction of changes to the Patriot 

air and missile defense system program to achieve reductions 

in the life-cycle cost of the Patriot air and missile defense 

system. 

SEC. 227. EVALUATION AND ENVIRONMENTAL IMPACT ASSESSMENT 

OF POTENTIAL FUTURE MISSILE DEFENSE SITES IN THE 

UNITED STATES. 

(a) EVALUATION.—Not later than December 31, 2013, the Secretary of Defense shall conduct a study to evaluate at least three 

possible additional locations in the United States, selected by the 

Director of the Missile Defense Agency, that would be best suited 

for future deployment of an interceptor capable of protecting the 

Deadline. 

Study. 

Deadline. 

Evaluation. 


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PUBLIC LAW 112–239—JAN. 2, 2013 126 STAT. 1679 

homeland against threats from nations such as North Korea and 

Iran. At least two of such locations shall be on the East Coast 

of the United States. 

(b) ENVIRONMENTAL IMPACT STATEMENT REQUIRED.—Except as 

provided by subsection (c), the Secretary shall prepare an environmental impact statement in accordance with the National Environmental Policy Act of 1969 (42 U.S.C. et seq.) for the locations 

the Secretary evaluates under subsection (a). 

(c) EXCEPTION.—If an environmental impact statement has 

already been prepared for a location the Secretary evaluates under 

subsection (a), the Secretary shall not be required to prepare 

another environmental impact statement for such location. 

(d) CONTINGENCY PLAN.—In light of the evaluation under subsection (a), the Director of the Missile Defense Agency shall— 

(1) develop a contingency plan for the deployment of a 

homeland missile defense interceptor site that is in addition 

to such sites that exist as of the date of the enactment of 

this Act in case the President determines to proceed with 

such an additional deployment; and 

(2) notify the congressional defense committees when such 

contingency plan has been developed. 

SEC. 228. HOMELAND BALLISTIC MISSILE DEFENSE. 

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

(1) it is a national priority to defend the United States 

homeland against the threat of limited ballistic missile attack 

(whether accidental, unauthorized, or deliberate); 

(2) the currently deployed ground-based midcourse defense 

system, with 30 ground-based interceptors deployed in Alaska 

and California, provides a level of protection of the United 

States homeland; 

(3) it is essential for the ground-based midcourse defense 

system to achieve the levels of reliability, availability, sustainability, and operational performance that will allow it to continue providing protection of the United States homeland; 

(4) the Missile Defense Agency should, as its highest priority, correct the problem that caused the December 2010 

ground-based midcourse defense system flight test failure and 

demonstrate the correction in flight tests before resuming 

production of the capability enhancement-II kill vehicle, in 

order to provide confidence that the system will work as 

intended; 

(5) the Department of Defense should continue to enhance 

the performance and reliability of the ground-based midcourse 

defense system, and enhance the capability of the ballistic 

missile defense system, to provide improved capability to defend 

the homeland; 

(6) the Missile Defense Agency should have a robust, rigorous, and operationally realistic testing program for the 

ground-based midcourse defense system, including salvo 

testing, multiple simultaneous engagement testing, and operational testing; 

(7) the Department of Defense has taken a number of 

prudent, affordable, cost-effective, and operationally significant 

steps to hedge against the possibility of future growth in the 

missile threat to the homeland from North Korea and Iran; 

and 

Notification. 


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126 STAT. 1680 PUBLIC LAW 112–239—JAN. 2, 2013 

(8) the Department of Defense should continue to evaluate 

the evolving threat of limited ballistic missile attack, particularly from countries such as North Korea and Iran, and consider 

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

operationally significant steps to improve the posture of the 

United States to defend the homeland. 

(b) REPORT.— (1) REPORT REQUIRED.—Not later than 180 days after the 

date of the enactment of this Act, the Secretary of Defense 

shall submit to the congressional defense committees a report 

on the status of efforts to improve the homeland ballistic missile 

defense capability of the United States. 

(2) ELEMENTS OF REPORT.—The report required by paragraph (1) shall include the following: 

(A) A detailed description of the actions taken or 

planned to improve the reliability, availability, and capability of the ground-based midcourse defense system, 

particularly the exoatmospheric kill vehicle, and any other 

actions to improve the homeland missile defense posture 

to hedge against potential future growth in the threat 

of limited ballistic missile attack (whether accidental, 

unauthorized, or deliberate), particularly from countries 

such as North Korea and Iran. 

(B) A description of any improvements achieved as 

a result of the actions described in subparagraph (A). 

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

flight tests of the ground-based midcourse defense system 

(control test vehicle flight test–1, and GMD flight test– 

06b) intended to demonstrate the success of the correction 

of the problem that caused the flight test failure of 

December 2010, and the status of any decision to resume 

production of the capability enhancement-II kill vehicle. 

(D) a detailed description of the planned roles and 

requirements for the standard missile-3 block IIB interceptor to augment the defense of the homeland, including 

the capabilities needed to defeat long-range missiles that 

could be launched from Iran to the United States; 

(E) Any other matters the Secretary considers appropriate. 

(3) FORM OF REPORT.—The report shall be submitted in 

unclassified form, but may include a classified annex. 

(c) COMPTROLLER GENERAL BRIEFING AND REPORT.— 

(1) BRIEFING.—Not later than 60 days after the date on 

which the Secretary submits the report under subsection (b)(1), 

the Comptroller General of the United States shall brief the 

congressional defense committees with the views of the Comptroller General on the report. 

(2) REPORT.—As soon as practicable after the date on which 

the Comptroller General briefs the congressional defense 

committees under paragraph (1), the Comptroller General shall 

submit to such committees a report on the views included 

in such briefing. 

SEC. 229. REGIONAL BALLISTIC MISSILE DEFENSE. 

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

(1) the threat from regional ballistic missiles, particularly 

from Iran and North Korea, is serious and growing, and puts 


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at risk forward-deployed forces of the United States and allies 

and partners in Europe, the Middle East, and the Asia-Pacific 

region; 

(2) the Department of Defense has an obligation to provide 

force protection of forward-deployed forces, assets, and facilities 

of the United States from regional ballistic missile attack; 

(3) the United States has an obligation to meet its security 

commitments to its allies, including ballistic missile defense 

commitments; 

(4) the Department of Defense has a program of investment 

and capabilities to provide for both homeland defense and 

regional defense against ballistic missiles, consistent with the 

Ballistic Missile Defense Review of 2010 and with the 

prioritized and integrated needs of the commanders of the 

combatant commands; 

(5) the European Phased Adaptive Approach to missile 

defense is a response to the existing and growing ballistic 

missile threat from Iran to forward deployed United States 

forces, allies and partners in Europe; 

(6) the Department of Defense— 

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

test, and plan to deploy all four phases of the European 

Phased Adaptive Approach, including all variants of the 

standard missile–3 interceptor; 

(B) should continue to conduct tests to evaluate and 

assess the capability of future phases of the European 

Phased Adaptive Approach and to demonstrate whether 

they will achieve their intended roles, as outlined in the 

Ballistic Missile Defense Review of 2010; and 

(C) should also continue with its other phased and 

adaptive regional missile defense efforts tailored to the 

Middle East and the Asia-Pacific region; and 

(7) European members of the North Atlantic Treaty 

Organization are making a variety of contributions to missile 

defense in Europe, by hosting elements of missile defense systems of the United States on their territories, through individual national contributions to missile defense capability, and 

by collective funding and development of the Active Layered 

Theater Ballistic Missile Defense system; and 

(8) allies and partners of the United States in the AsiaPacific region and in the Middle East are making contributions 

to regional missile defense capabilities, including by hosting 

elements of missile defense systems of the United States on 

their territories; jointly developing missile defense capabilities; 

and cooperating in regional missile defense architectures. 

(b) REPORT.— 

(1) IN GENERAL.—Not later than 180 days after the date 

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

submit to the congressional defense committees a report 

describing the status and progress of regional missile defense 

programs and efforts. 

(2) ELEMENTS OF REPORT.—The report required by paragraph (1) shall include the following: 

(A) An assessment of the adequacy of the existing 

and planned European Phased Adaptive Approach to provide force protection for forward-deployed forces of the 

United States in Europe against ballistic missile threats 


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from Iran, and an assessment whether adequate force 

protection would be available absent the European Phased 

Adaptive Approach, given current and planned Patriot, Terminal High Altitude Area Defense, and Aegis ballistic missile defense capability. 

(B) A description of the progress made in the development and testing of elements of systems intended for 

deployment in Phases 2 through 4 of the European Phased 

Adaptive Approach, and an assessment of technical and 

schedule risks. 

(C) A description of the missile defense priorities and 

capability needs of the regional combatant commands, and 

the planned regional missile defense architectures derived 

from those capability needs and priorities. 

(D) A description of the global force management 

process used to evaluate the missile defense capability 

needs of the regional combatant commands and to determine the resource allocation and deployment outcomes 

among such commands. 

(E) A description of the missile defense command and 

control concepts and arrangements in place for United 

States and allied regional missile defense forces, and the 

missile defense partnerships and burden-sharing arrangements in place between the United States and its allies 

and partners. 

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

submitted in unclassified form, but may include a classified 

annex. 

(c) COMPTROLLER GENERAL VIEWS.—The Comptroller General 

of the United States shall— 

(1) brief the congressional defense committees with the 

views of the Comptroller General on the report under subsection 

(b)(1) by not later than 60 days after the date on which the 

Secretary submits such report; and 

(2) submit to such committees a written report on such 

views as soon as practicable after the date of the briefing 

under paragraph (1). 

SEC. 230. NATO CONTRIBUTIONS TO MISSILE DEFENSE IN EUROPE. 

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

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

to the congressional defense committees a report on contributions 

of members of the North Atlantic Treaty Organization to missile 

defense in Europe. 

(b) ELEMENTS.—The report required under subsection (a) shall 

include a discussion of the full range of contributions made by 

members of NATO, individually and collectively, to missile defense 

in Europe, including the following: 

(1) Financial contributions to the development of the Active 

Layered Theater Ballistic Missile Defense command and control 

system or other NATO missile defense capabilities, including 

the European Phased Adaptive Approach. 

(2) National contributions of missile defense capabilities 

to NATO. 

(3) Agreements to host missile defense facilities in the 

territory of the member state. 

Deadline. 

Reports. 

Reports. 

Briefing. 

Deadline. 


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PUBLIC LAW 112–239—JAN. 2, 2013 126 STAT. 1683 

(4) Contributions in the form of providing support, 

including security, for missile defense facilities in the territory 

of the member state. 

(5) Any other contributions being planned by members 

of NATO, including the modification of existing military systems to contribute to the missile defense capability of NATO. 

(6) A discussion of whether there are other opportunities 

for future contributions, financial and otherwise, to missile 

defense by members of NATO. 

(7) Any other matters the Secretary determines appropriate. 

(c) FORM OF REPORT.—The report required by subsection (a) 

shall be submitted in unclassified form, but may include a classified 

annex. 

SEC. 231. REPORT ON TEST PLAN FOR THE GROUND-BASED MIDCOURSE DEFENSE SYSTEM. 

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

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

to the congressional defense committees a report on the testing 

program for the ground-based midcourse defense element of the 

ballistic missile defense system. 

(b) ELEMENTS.—The report under subsection (a) shall include 

the following: 

(1) An explanation of testing options for the ground-based 

midcourse defense system if planned flight tests CTV–01 and 

FTG–06b do not demonstrate the successful correction to the 

problem that caused the failure of the capability enhancement– 

2 kill vehicle in flight test FTG–06a in December 2010, 

including additional testing of the capability enhancement– 

1 kill vehicle. 

(2) An assessment of the feasibility, advisability, and cost 

effectiveness (including the potential benefits, risks, and impact 

on the current test plan and integrated master test plan for 

the ground-based midcourse defense system) of adjusting the 

test plan of the ground-based midcourse defense system to 

accomplish, at an acceptable level of risk— 

(A) accelerating to fiscal year 2014 the date for testing 

such system using a capability enhancement–1 kill vehicle 

against an intercontinental ballistic missile-range target; 

and 

(B) increasing the pace of the flight testing of such 

system to a rate of three tests every two years. 

(3) If the Secretary determines that either option described 

in subparagraph (A) or (B) of paragraph (2) would be feasible, 

advisable, and cost effective, a discussion of whether increased 

funding beyond the funding requested in the budget for fiscal 

year 2013 is required to carry out such options and, if so, 

what level of increased funding would be necessary to carry 

out each such option. 

(4) Any additional matters the Secretary determines appropriate. 

(c) DOT&E VIEWS.—The Secretary shall include an appendix 

to the report under subsection (a) that contains the views of the 

Director of Operational Test and Evaluation regarding the contents 

of the report. 


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126 STAT. 1684 PUBLIC LAW 112–239—JAN. 2, 2013 

(d) FORM.—The report under subsection (a) shall be submitted 

in unclassified form, but may include a classified annex. 

(e) COMPTROLLER GENERAL VIEWS.—The Comptroller General 

of the United States shall— 

(1) brief the congressional defense committees concerning 

the views of the Comptroller General on the report required 

under subsection (a) by not later than 60 days after the date 

on which the Secretary submits such report; and 

(2) submit to such committees a written report on such 

views as soon as practicable after the date of the briefing 

under paragraph (1). 

SEC. 232. SENSE OF CONGRESS ON MISSILE DEFENSE. 

(a) FINDINGS.—Congress finds the following: 

(1) In a December 18, 2010, letter to the Senate leadership, 

President Obama wrote that the North Atlantic Treaty 

Organization (NATO) ‘‘invited the Russian Federation to 

cooperate on missile defense, which could lead to adding Russian capabilities to those deployed by NATO to enhance our 

common security against common threats. The Lisbon Summit 

thus demonstrated that the Alliance’s missile defenses can be 

strengthened by improving NATO-Russian relations. This 

comes even as we have made it clear that the system we 

intend to pursue with Russia will not be a joint system, and 

it will not in any way limit United States’ or NATO’s missile 

defense capabilities.’’. 

(2) In a February 2, 2011, message to the Senate concerning 

its December 22, 2010, Resolution of Advice and Consent to 

Ratification of the New START Treaty, President Obama certified that ‘‘It is the policy of the United States to continue 

development and deployment of United States missile defense 

systems to defend against missile threats from nations such 

as North Korea and Iran, including qualitative and quantitative 

improvements to such systems. As stated in the Resolution, 

such systems include all phases of the Phased Adaptive 

Approach to missile defense in Europe, the modernization of 

the Ground-based Midcourse Defense system, and the continued 

development of the two-stage Ground-Based Interceptor as a 

technological and strategic hedge.’’. 

(3) In a letter dated December 13, 2011, to Senator Mark 

Kirk, Robert Nabors, Assistant to the President and Director 

of the Office of Legislative Affairs, wrote that ‘‘The United 

States remains committed to implementing the European 

Phased Adaptive Approach to missile defense, and will not 

agree to any constraints limiting the development or deployment of United States missile defenses’’ and ‘‘[w]e will not 

provide Russia with sensitive information about our missile 

defense systems that would in any way compromise our national 

security. For example, hit-to-kill technology and interceptor 

telemetry will under no circumstances be provided to Russia.’’. 

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

(1) pursuant to section 2 of the National Missile Defense 

Act of 1999 (Public Law 106–38; 113 Stat. 205; 10 U.S.C. 

2431 note), it is the policy of the United States ‘‘to deploy 

as soon as is technologically possible an effective National 

Missile Defense system capable of defending the territory of 

Briefing. 


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PUBLIC LAW 112–239—JAN. 2, 2013 126 STAT. 1685 

the United States against limited ballistic missile attack 

(whether accidental, unauthorized, or deliberate)...’’; 

(2) defenses against ballistic missiles are essential for new 

deterrent strategies and for new strategies should deterrence 

fail; 

(3) further limitations on the missile defense capabilities 

of the United States are not in the national security interest 

of the United States; 

(4) the New Start Treaty and the April 7, 2010, unilateral 

statement of the Russian Federation on missile defense do 

not limit in any way, and shall not be interpreted as limiting, 

activities that the Federal Government of the United States 

currently plans or that might be required over the duration 

of the New START Treaty to protect the United States pursuant 

to the National Missile Defense Act of 1999, or to protect 

the Armed Forces of the United States and allies of the United 

States from limited ballistic missile attack, including further 

planned enhancements to the Ground-based Midcourse Defense 

system and all phases of the Phased Adaptive Approach to 

missile defense in Europe; 

(5) it was the Understanding of the Senate in its December 

22, 2010, Resolution of Advice and Consent to Ratification 

of the New START Treaty that, ‘‘any additional New START 

Treaty limitations on the deployment of missile defenses beyond 

those contained in paragraph 3 of Article V, including any 

limitations agreed under the auspices of the Bilateral Consultative Commission, would require an amendment to the New 

START Treaty which may enter into force for the United States 

only with the advice and consent of the Senate, as set forth 

in Article II, section 2, clause 2 of the Constitution of the 

United States’’; and 

(6) section 303(b) of the Arms Control and Disarmament 

Act (22 U.S.C. 2573(b)) requires that ‘‘no action shall be taken 

pursuant to this or any other Act that would obligate the 

United States to reduce or limit the Armed Forces or 

armaments of the United States in a militarily significant 

manner, except pursuant to the treaty-making power of the 

President set forth in Article II, Section 2, Clause 2 of the 

Constitution.’’. 

(c) NEW START TREATY DEFINED.—In this section, the term 

‘‘New START Treaty’’ means the Treaty between the United States 

of America and the Russian Federation on Measures for the Further 

Reduction and Limitation of Strategic Offensive Arms, signed on 

April 8, 2010, and entered into force on February 5, 2011. 

SEC. 233. SENSE OF CONGRESS ON THE SUBMITTAL TO CONGRESS 

OF THE HOMELAND DEFENSE HEDGING POLICY AND 

STRATEGY REPORT OF THE SECRETARY OF DEFENSE. 

It is the sense of the Congress that— 

(1) the homeland defense hedging policy and strategy report 

required by section 233 of the National Defense Authorization 

Act for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 1340) 

is necessary to inform Congress on options to protect the United 

States homeland against the evolving ballistic missile threat, 

including potential options prior to the deployment of Phase 

4 of the European Phased Adaptive Approach to missile defense; 

and 


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126 STAT. 1686 PUBLIC LAW 112–239—JAN. 2, 2013 

(2) the Secretary of Defense should comply with the requirements of such section 233 by submitting the homeland defense 

hedging policy and strategy report to Congress. 

Subtitle D—Reports 

SEC. 241. MISSION PACKAGES FOR THE LITTORAL COMBAT SHIP. 

(a) REPORT REQUIRED.—Not later than March 1, 2013, the 

Secretary of the Navy shall, in consultation with the Director of 

Operational Test and Evaluation, submit to the congressional 

defense committees a report on the mine countermeasures warfare, 

antisubmarine warfare, and surface warfare mission packages for 

the Littoral Combat Ship. 

(b) ELEMENTS.—The report required by subsection (a) shall 

set forth the following: 

(1) A plan for the mission packages demonstrating that 

preliminary design review for every capability increment precedes Milestone B or equivalent approval for that increment. 

(2) A plan for demonstrating that the capability increment 

for each mission package, combined with a Littoral Combat 

Ship, on the basis of a preliminary design review and postpreliminary design review assessment, will achieve the capability specified for that increment. 

(3) A plan for demonstrating the survivability and lethality 

of the Littoral Combat Ship with its mission packages sufficiently early in the development phase of the system to minimize costs of concurrency. 

SEC. 242. STUDY ON ELECTRONIC WARFARE CAPABILITIES OF THE 

MARINE CORPS. 

(a) STUDY.—The Commandant of the Marine Corps shall conduct a study on the future capabilities of the Marine Corps with 

respect to electronic warfare. 

(b) REPORT.— 

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

of the enactment of this Act, the Commandant shall submit 

to the congressional defense committees a report on the study 

conducted under subsection (a). 

(2) MATTERS INCLUDED.—The report under paragraph (1) 

shall include the following: 

(A) A detailed plan for the disposition of EA–6B 

Prowler aircraft squadrons. 

(B) A solution for the replacement of the capability 

provided by such aircraft. 

(C) Concepts of operation for future air-ground task 

force electronic warfare capabilities of the Marine Corps. 

(D) Any other issues that the Commandant determines 

appropriate. 

SEC. 243. CONDITIONAL REQUIREMENT FOR REPORT ON AMPHIBIOUS 

ASSAULT VEHICLES FOR THE MARINE CORPS. 

(a) IN GENERAL.—If the ongoing Marine Corps ground combat 

vehicle fleet mix study recommends the acquisition of a separate 

Marine Personnel Carrier, the Secretary of the Navy and the Commandant of the Marine Corps shall jointly submit to the congressional defense committees a report that includes the following: 


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(1) A detailed description of the capability gaps that Marine 

Personnel Carriers are intended to mitigate and the capabilities 

that the Marine Personnel Carrier will be required to have 

to mitigate such gaps, and an assessment whether, and to 

what extent, Amphibious Combat Vehicles could mitigate such 

gaps. 

(2) A detailed explanation of the role of the Marine Personnel Carriers in the operations of the Marine Corps, as 

well as a comparative estimate of the acquisition and lifecycle costs of— 

(A) a fleet consisting of both Amphibious Combat 

Vehicles and Marine Personnel Carriers; and 

(B) a fleet consisting of only Amphibious Combat 

Vehicles. 

(b) SUBMITTAL DATE.—If required, the report under subsection 

(a) shall be submitted not later than the later of— 

(1) the date that is 60 days after the date of the completion 

of the study referred to in subsection (a); or 

(2) February 1, 2013. 

SEC. 244. REPORT ON CYBER AND INFORMATION TECHNOLOGY 

RESEARCH INVESTMENTS OF THE AIR FORCE. 

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

enactment of this Act, the Secretary of the Air Force shall submit 

to the congressional defense committees a report detailing the 

investment strategy of the Air Force with respect to the spectrum 

of— 

(1) cyber science and technology; 

(2) autonomy, command and control, and decision support 

technologies; 

(3) connectivity and dissemination technologies; and 

(4) processing and exploitation technologies. 

(b) ELEMENTS.—The report under subsection (a) shall include 

the following: 

(1) An identification of the near-, mid-, and far-term science 

and technology priorities of the Air Force with respect to cyber 

and information-related technologies and the resources 

(including both funding and personnel) projected to address 

these priorities. 

(2) A strategy to transition the results of the science and 

technology priorities described in paragraph (1) into weapon 

systems, including cyber tools. 

(3) A description of how the Air Force will recruit, train, 

and retain a highly skilled workforce in cyber and informationrelated technologies, including the use of the authorities 

granted under the laboratory demonstration program established by section 342 of the National Defense Authorization 

Act for Fiscal Year 1995 (Public Law 103–337; 108 Stat. 2721), 

as most recently amended by section 1114 of the Floyd D. 

Spence National Defense Authorization Act for Fiscal Year 

2001 (Public Law 106–398; 114 Stat. 1654A–315). 

(4) A description of laboratory infrastructure and research 

facilities, including the Air Force Institute of Technology, that 

are necessary for the accomplishment of the science and technology priorities described in paragraph (1). 


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126 STAT. 1688 PUBLIC LAW 112–239—JAN. 2, 2013 

SEC. 245. NATIONAL RESEARCH COUNCIL REVIEW OF DEFENSE 

SCIENCE AND TECHNICAL GRADUATE EDUCATION NEEDS. 

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

agreement with the National Research Council to conduct a review 

of specialized degree-granting graduate programs of the Department 

of Defense in science, technology, engineering, mathematics, and 

management. 

(b) MATTERS INCLUDED.—At a minimum, the review under subsection (a) shall address— 

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

departments for military and civilian personnel with advanced 

degrees in science, technology, engineering, mathematics, and 

management, including a list of the numbers of such personnel 

needed by discipline; 

(2) an analysis of the sources by which the Department 

of Defense and the military departments obtain military and 

civilian personnel with such advanced degrees; 

(3) the need for educational institutions under the Department of Defense to meet the needs identified in paragraph 

(1); 

(4) the costs and benefits of maintaining such educational 

institutions, including costs relating to in-house research; 

(5) the ability of private institutions or distance-learning 

programs to meet the needs identified in paragraph (1); 

(6) existing organizational structures, including reporting 

chains, within the military departments to manage the graduate education needs of the Department of Defense and the 

military departments in the fields described in paragraph (1); 

and 

(7) recommendations for improving the ability of the 

Department of Defense to identify, manage, and source the 

graduate education needs of the Department in such fields. 

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

the review under subsection (a) is completed, the Secretary shall 

submit to the congressional defense committees a report on the 

results of such review. 

Subtitle E—Other Matters 

SEC. 251. ELIGIBILITY FOR DEPARTMENT OF DEFENSE LABORATORIES 

TO ENTER INTO EDUCATIONAL PARTNERSHIPS WITH EDUCATIONAL INSTITUTIONS IN TERRITORIES AND POSSESSIONS OF THE UNITED STATES. 

(a) ELIGIBILITY OF INSTITUTIONS IN TERRITORIES AND POSSES- SIONS.—Section 2194(f) of title 10, United States Code, is amended 

by adding at the end the following new paragraph: 

‘‘(3) The term ‘United States’ includes the Commonwealth 

of Puerto Rico, the Commonwealth of the Northern Mariana 

Islands, and any other territory or possession of the United 

States.’’. 

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

is amended by inserting ‘‘(20 U.S.C. 7801)’’ before the period. 

SEC. 252. REGIONAL ADVANCED TECHNOLOGY CLUSTERS. 

(a) DEVELOPMENT OF INNOVATIVE ADVANCED TECHNOLOGIES.— 

The Secretary of Defense may use the research and engineering 

10 USC 2358 

note. 

Definition. 

Contracts. 


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PUBLIC LAW 112–239—JAN. 2, 2013 126 STAT. 1689 

network of the Department of Defense, including the organic industrial base, to support regional advanced technology clusters established by the Secretary of Commerce to encourage the development 

of innovative advanced technologies to address national security 

and homeland defense challenges. 

(b) REPORT.—Not later than 180 days after the date of the 

enactment of this Act, the Under Secretary of Defense for Acquisition, Technology, and Logistics shall submit to the appropriate 

congressional committees a report describing— 

(1) the participation of the Department of Defense in 

regional advanced technology clusters, including the number 

of— 

(A) clusters supported; 

(B) technologies developed and transitioned to acquisition programs; 

(C) products commercialized; 

(D) small businesses trained; 

(E) companies started; and 

(F) research and development facilities shared; 

(2) implementation by the Department of processes and 

tools to facilitate collaboration with the clusters; 

(3) agreements established by the Department with the 

Department of Commerce to jointly support the continued 

growth of the clusters; 

(4) methods to evaluate the effectiveness of technology 

cluster policies; 

(5) any additional required authorities and any impediments to supporting regional advanced technology clusters; and 

(6) the use of any agreements entered into under the Intergovernmental Personnel Act of 1970 (42 U.S.C. 4701 et seq.) 

and any access granted to facilities of the Department of 

Defense for research and development purposes. 

(c) COLLABORATION.—The Secretary of Defense may meet, 

collaborate, and share resources with other Federal agencies for 

purposes of assisting in the use and appropriate growth of regional 

advanced technology clusters under this section. 

(d) DEFINITIONS.—In this section: 

(1) The term ‘‘appropriate congressional committees’’ 

means— 

(A) the congressional defense committees; 

(B) the Committee on Commerce, Science, and 

Transportation of the Senate; and 

(C) the Committee on Energy and Commerce of the 

House of Representatives. 

(2) The term ‘‘regional advanced technology clusters’’ means 

geographic centers focused on building science and technologybased innovation capacity in areas of local and regional strength 

to foster economic growth and improve quality of life. 

SEC. 253. SENSE OF CONGRESS ON INCREASING THE COST-EFFECTIVENESS OF TRAINING EXERCISES FOR MEMBERS OF THE 

ARMED FORCES. 

It is the sense of Congress that— 

(1) modeling and simulation will continue to play a critical 

role in the training of the members of the Armed Forces; 

(2) while increased modeling and simulation has reduced 

overall costs of training of members of the Armed Forces, 


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126 STAT. 1690 PUBLIC LAW 112–239—JAN. 2, 2013 

there are still significant costs associated with the human 

resources required to execute certain training exercises where 

role-playing actors for certain characters such as opposing 

forces, the civilian populace, other government agencies, and 

non-governmental organizations are required; 

(3) technological advances in areas such as varying levels 

of autonomy for systems, multi-player gaming techniques, and 

artificial intelligence could reduce the number of personnel 

required to support certain training exercises for members of 

the Armed Forces, and thereby reduce the overall cost of the 

exercises; and 

(4) the Secretary of Defense should develop a plan to 

increase the use of emerging technologies in autonomous systems, the commercial gaming sector, and artificial intelligence 

for training exercises for members of the Armed Forces to 

increase training effectiveness and reduce costs. 

TITLE III—OPERATION AND 

MAINTENANCE 

Subtitle A—Authorization of Appropriations 

Sec. 301. Operation and maintenance funding. 

Subtitle B—Energy and Environment 

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

Sec. 312. Authority of Secretary of a military department to enter into cooperative 

agreements with Indian tribes for land management associated with 

military installations and State-owned National Guard installations. Sec. 313. Department of Defense guidance on environmental exposures at military 

installations and briefing regarding environmental exposures to members of the Armed Forces. 

Sec. 314. Report on status of targets in implementation plan for operational energy 

strategy. Sec. 315. Limitation on obligation of Department of Defense funds from Defense 

Production Act of 1950 for biofuel refinery construction. Sec. 316. Sense of Congress on protection of Department of Defense airfields, training airspace, and air training routes. 

Subtitle C—Logistics and Sustainment 

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

Sec. 322. Restoration and amendment of certain provisions relating to depot-level 

maintenance and core logistics capabilities. Sec. 323. Rating chains for system program managers. 

Subtitle D—Readiness 

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

Sec. 332. Expansion and reauthorization of pilot program for availability of working-capital funds for product improvements. Sec. 333. Department of Defense national strategic ports study and Comptroller 

General studies and reports on strategic ports. 

Subtitle E—Reports 

Sec. 341. Annual report on Department of Defense long-term corrosion strategy. 

Sec. 342. Report on joint strategy for readiness and training in a C4ISR-denied environment. 

Sec. 343. Comptroller General review of annual Department of Defense report on 

prepositioned materiel and equipment. Sec. 344. Modification of report on maintenance and repair of vessels in foreign 

shipyards. Sec. 345. Extension of deadline for Comptroller General report on Department of 

Defense service contract inventory. 

Subtitle F—Limitations and Extension of Authority 

Sec. 351. Repeal of redundant authority to ensure interoperability of law enforcement and emergency responder training. 


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PUBLIC LAW 112–239—JAN. 2, 2013 126 STAT. 1691 

Sec. 352. Aerospace control alert mission. 

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

the United States Army. 

Sec. 354. Limitation on availability of funds for retirement or inactivation of Ticonderoga class cruisers or dock landing ships. 

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

without specific authorization in law. 

Subtitle G—National Commission on the Structure of the Air Force 

Sec. 361. Short title. 

Sec. 362. Establishment of Commission. 

Sec. 363. Duties of the Commission. 

Sec. 364. Powers of the Commission. 

Sec. 365. Commission personnel matters. 

Sec. 366. Termination of the Commission. 

Sec. 367. Funding. 

Subtitle H—Other Matters 

Sec. 371. Military working dog matters. 

Sec. 372. Comptroller General review of handling, labeling, and packaging procedures for hazardous material shipments. 

Subtitle A—Authorization of 

Appropriations 

SEC. 301. OPERATION AND MAINTENANCE FUNDING. 

Funds are hereby authorized to be appropriated for fiscal year 

2013 for the use of the Armed Forces and other activities and 

agencies of the Department of Defense for expenses, not otherwise 

provided for, for operation and maintenance, as specified in the 

funding table in section 4301. 

Subtitle B—Energy and Environment 

SEC. 311. TRAINING RANGE SUSTAINMENT PLAN AND TRAINING 

RANGE INVENTORY. 

Section 366 of the Bob Stump National Defense Authorization 

Act for Fiscal Year 2003 (Public Law 107–314; 116 Stat. 2522; 

10 U.S.C. 113 note), as most recently amended by section 348 

of the John Warner National Defense Authorization Act for Fiscal 

Year 2007 (Public Law 109–364; 120 Stat. 2159), is amended— 

(1) in subsection (a)(5), by striking ‘‘each of fiscal years 

2005 through 2013’’ and inserting ‘‘each fiscal year through 

fiscal year 2018’’; and 

(2) in subsection (c)(2), by striking ‘‘fiscal years 2005 

through 2013’’ and inserting ‘‘each fiscal year through fiscal 

year 2018’’. 

SEC. 312. AUTHORITY OF SECRETARY OF A MILITARY DEPARTMENT 

TO ENTER INTO COOPERATIVE AGREEMENTS WITH INDIAN 

TRIBES FOR LAND MANAGEMENT ASSOCIATED WITH MILITARY INSTALLATIONS AND STATE-OWNED NATIONAL 

GUARD INSTALLATIONS. 

(a) INCLUSION OF INDIAN TRIBES.—Section 103A(a) of the Sikes 

Act (16 U.S.C. 670c–1(a)) is amended in the matter preceding paragraph (1) by inserting ‘‘Indian tribes,’’ after ‘‘local governments,’’. 

(b) INDIAN TRIBE DEFINED.—Section 100 of such Act (16 U.S.C. 

670) is amended by adding at the end the following new paragraph: 


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126 STAT. 1692 PUBLIC LAW 112–239—JAN. 2, 2013 

‘‘(6) INDIAN TRIBE.—The term ‘Indian tribe’ means any 

Indian tribe, band, nation, or other organized group or community, including any Alaska Native village or regional or village 

corporation as defined in or established pursuant to the Alaska 

Native Claims Settlement Act (43 U.S.C. 1601 et seq.), which 

is recognized as eligible for the special programs and services 

provided by the United States to Indians because of their 

status as Indians.’’. 

SEC. 313. DEPARTMENT OF DEFENSE GUIDANCE ON ENVIRONMENTAL 

EXPOSURES AT MILITARY INSTALLATIONS AND BRIEFING 

REGARDING ENVIRONMENTAL EXPOSURES TO MEMBERS 

OF THE ARMED FORCES. 

(a) ISSUANCE OF GUIDANCE REQUIRED.— (1) IN GENERAL.—Not later than 180 days after the date 

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

issue guidance to the military departments and appropriate 

defense agencies regarding environmental exposures on military installations. 

(2) ELEMENTS.—The guidance issued pursuant to paragraph (1) shall address, at a minimum, the following: 

(A) The criteria for when and under what circumstances public health assessments by the Agency for 

Toxic Substances and Disease Registry must be requested 

in connection with environmental contamination at military 

installations, including past incidents of environmental 

contamination. 

(B) The procedures to be used to track and document 

the status and nature of responses to the findings and 

recommendations of the public health assessments of the 

Agency of Toxic Substances and Disease Registry that 

involve contamination at military installations. 

(C) The appropriate actions to be undertaken to assess 

significant long-term health risks from past environmental 

exposures to military personnel and civilian individuals 

from living or working on military installations. 

(3) SUBMISSION.—Not later than 30 days after the issuance 

of the guidance required by paragraph (1), the Secretary of 

Defense shall transmit to the congressional defense committees 

a copy of the guidance. 

(b) BRIEFING REQUIRED.— 

(1) IN GENERAL.—Not later than 180 days after the date 

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

provide a briefing to the congressional defense committees 

regarding materiel solutions that would measure environmental 

exposures to members of the Armed Forces while in contingency 

operations. 

(2) ELEMENTS.—The briefing required by paragraph (1) 

shall include, at a minimum, the following: 

(A) Relevant materiel solutions in development or 

commercially available that would facilitate the identification of members of the Armed Forces who have individual 

exposures to environmental hazards, including burn pits, 

dust or sand, hazardous materials, and waste. 

(B) A timeline, and estimated cost, of developing and 

deploying the materiel solutions described in subparagraph 

(A). 

Records. 

10 USC 1074 

note. 

Deadlines. 


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(C) Identification of the Department of Defense’s 

process, and any systems, that collect and maintain exposure data and a description of how the Department of 

Defense could integrate data from the materiel solutions 

described in subparagraph (A) into those systems. 

(D) An update regarding the sharing of environmental 

exposure data with the Secretary of Veterans Affairs for 

use in medical and treatment records of veterans, including 

how the materiel solutions described in subparagraph (A) 

can be used in determining the service-connectedness of 

health conditions and in identifying possible origins and 

causes of disease. 

SEC. 314. REPORT ON STATUS OF TARGETS IN IMPLEMENTATION PLAN 

FOR OPERATIONAL ENERGY STRATEGY. 

(a) REPORT REQUIRED.—If the annual report for fiscal year 

2011 required by section 2925(b) of title 10, United States Code, 

is not submitted to the congressional defense committees by 

December 31, 2012, the Secretary of Defense shall submit, not 

later than June 30, 2013, to the congressional defense committees 

a report on the status of the targets established in the implementation plan for the operational energy strategy established pursuant 

to section 139b of such title, as contained in the document entitled 

‘‘Operational Energy Strategy: Implementation Plan, Department 

of Defense, March 2012’’. 

(b) ELEMENTS OF REPORT.—The report required by subsection 

(a) shall describe, at a minimum, the following: 

(1) The status of each of the targets listed in the 

implementation plan. 

(2) The steps being taken to meet the targets. 

(3) The expected date of completion for each target, if 

the date is different from the date indicated in the implementation plan. 

(4) The reason for any delays in meeting the targets. 

SEC. 315. LIMITATION ON OBLIGATION OF DEPARTMENT OF DEFENSE 

FUNDS FROM DEFENSE PRODUCTION ACT OF 1950 FOR 

BIOFUEL REFINERY CONSTRUCTION. 

Amounts made available to the Department of Defense pursuant to the Defense Production Act of 1950 (50 U.S.C. App. 2061 

et seq.) for fiscal year 2013 for biofuels production may not be 

obligated or expended for the construction of a biofuel refinery 

until the Department of Defense receives matching contributions 

from the Department of Energy and equivalent contributions from 

the Department of Agriculture for the same purpose. 

SEC. 316. SENSE OF CONGRESS ON PROTECTION OF DEPARTMENT 

OF DEFENSE AIRFIELDS, TRAINING AIRSPACE, AND AIR 

TRAINING ROUTES. 

It is the sense of Congress that— 

(1) Department of Defense airfields, training airspace, and 

air training routes are critical national assets that must be 

protected from encroachment or mission degradations to the 

maximum extent practicable; 

(2) placement or emplacement of obstructions near or on 

Department of Defense airfields, training airspace, or air 

training routes has the potential of increasing risk to military 


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126 STAT. 1694 PUBLIC LAW 112–239—JAN. 2, 2013 

aircraft and personnel as well as impacting training and readiness; and 

(3) in the context of a Department of Defense operational 

risk assessment and the Department of Defense Siting 

Clearinghouse, the Department of Defense should develop and 

promulgate comprehensive guidance to assess the degree to 

which the potential encroachment of a project significantly 

impairs or degrades the capability of the Department to conduct 

missions or maintain readiness to the extent of presenting 

an unacceptable risk to national security with strong consideration given to the input provided by the military services. 

Subtitle C—Logistics and Sustainment 

SEC. 321. EXPANSION AND REAUTHORIZATION OF MULTI-TRADES DEMONSTRATION PROJECT. 

(a) EXPANSION.—Section 338 of the National Defense Authorization Act for Fiscal Year 2004 (Public Law 108–136; 10 U.S.C. 

5013 note), as most recently amended by section 329 of the National 

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

181; 122 Stat. 67), is amended— 

(1) by striking subsection (a) and inserting the following 

new subsection: 

‘‘(a) DEMONSTRATION PROJECT AUTHORIZED.—In accordance 

with subsection 4703 of title 5, United States Code, the Secretary 

of a military department may carry out a demonstration project 

at facilities described in subsection (b) under which workers who 

are certified at the journey level as able to perform multiple trades 

shall be promoted by one grade level.’’; and 

(2) in subsection (b), by striking ‘‘Logistics Center, Navy 

Fleet Readiness Center,’’ and inserting ‘‘Logistics Complex, 

Navy Fleet Readiness Center, Navy shipyard, Marine Corps 

Logistics Base,’’. 

(b) REAUTHORIZATION.—Such section is further amended— 

(1) in subsection (d), by striking ‘‘2013’’ and inserting 

‘‘2018’’; and 

(2) in subsection (e), by striking ‘‘2014’’ and inserting 

‘‘2019’’. 

SEC. 322. RESTORATION AND AMENDMENT OF CERTAIN PROVISIONS 

RELATING TO DEPOT-LEVEL MAINTENANCE AND CORE 

LOGISTICS CAPABILITIES. 

(a) REPEAL.—The following provisions of law are hereby 

repealed: 

(1) Section 2460 of title 10, United States Code (as amended 

by section 321 of the National Defense Authorization Act for 

Fiscal Year 2012 (Public Law 112–81)). 

(2) Section 2464 of title 10, United States Code (as amended 

by section 327 of the National Defense Authorization Act for 

Fiscal Year 2012). 

(b) REVIVAL OF SUPERSEDED PROVISIONS.— 

(1) DEFINITION OF DEPOT-LEVEL MAINTENANCE AND

REPAIR.—The provisions of section 2460 of title 10, United 

States Code, as in effect on December 30, 2011 (the day before 

the date of the enactment of the National Defense Authorization 

Act for Fiscal Year 2012), are hereby revived. 


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PUBLIC LAW 112–239—JAN. 2, 2013 126 STAT. 1695 

(2) CORE LOGISTICS CAPABILITIES.—(A) The provisions of 

section 2464 of 10, United States Code, as in effect on that 

date, are hereby revived. 

(B) The table of sections at the beginning of chapter 146 

of such title is amended by striking the item relating to section 

2464 and inserting the following new item: 

‘‘2464. Core logistics capabilities.’’. 

(c) AMENDMENT TO DEFINITION OF DEPOT-LEVEL MAINTENANCE

AND REPAIR.—Subsection (b) of section 2460 of title 10, United 

States Code, as revived by subsection (b), is amended by striking 

‘‘or the nuclear refueling of an aircraft carrier’’ and inserting ‘‘or 

the nuclear refueling or defueling of an aircraft carrier and any 

concurrent complex overhaul’’. 

(d) BIENNIAL CORE REPORT.—Section 2464 of such title, as 

revived by subsection (b), is amended by adding at the end the 

following new subsections: 

‘‘(d) BIENNIAL CORE REPORT.—Not later than April 1 of each 

even-numbered year, the Secretary of Defense shall submit to Congress a report identifying, for each of the armed forces (except 

for the Coast Guard), for the fiscal year after the fiscal year during 

which the report is submitted, each of the following: 

‘‘(1) The core depot-level maintenance and repair capability 

requirements and sustaining workloads, organized by work 

breakdown structure, expressed in direct labor hours. 

‘‘(2) The corresponding workloads necessary to sustain core 

depot-level maintenance and repair capability requirements, 

expressed in direct labor hours and cost. 

‘‘(3) In any case where core depot-level maintenance and 

repair capability requirements exceed or are expected to exceed 

sustaining workloads, a detailed rationale for any and all shortfalls and a plan either to correct or mitigate the effects of 

the shortfalls. 

‘‘(e) COMPTROLLER GENERAL REVIEW.—The Comptroller General 

of the United States shall review each report submitted under 

subsection (d) for completeness and compliance and shall submit 

to the congressional defense committees findings and recommendations with respect to the report by not later than 60 days after 

the date on which the report is submitted to Congress.’’. 

(e) CONFORMING AMENDMENTS.— 

(1) Section 2366a of title 10, United States Code, is 

amended by striking ‘‘core depot-level maintenance and repair 

capabilities’’ each place it appears and inserting ‘‘core logistics 

capabilities’’. 

(2) Section 2366b(A)(3)(F) of title 10, United States Code, 

is amended by striking ‘‘core depot-level maintenance and 

repair capabilities, as well as the associated logistics capabilities’’ and inserting ‘‘core logistics capabilities’’. 

(3) Section 801(c) of the National Defense Authorization 

Act for Fiscal Year 2012 (125 Stat. 1483; 10 U.S.C. 2366a 

note) is amended by striking ‘‘core depot-level maintenance 

and repair capabilities, as well as the associated logistics 

capabilities’’ and inserting ‘‘core logistics capabilities’’. 

(f) EFFECTIVE DATE.—This section and the amendments made 

by this section shall take effect on December 31, 2011, the date 

of the enactment of the National Defense Authorization Act for 

Fiscal Year 2012, immediately after the enactment of that Act. 

10 USC 2366a 

note. 

Recommendations. 

Deadline. 

10 USC 

prec. 2460. 


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126 STAT. 1696 PUBLIC LAW 112–239—JAN. 2, 2013 

SEC. 323. RATING CHAINS FOR SYSTEM PROGRAM MANAGERS. 

The Secretary of the Air Force, in managing system program 

management responsibilities for sustainment programs not assigned 

to a program executive officer or a direct reporting program manager, shall comply with the Department of Defense Instructions 

regarding assignment of program responsibility. 

Subtitle D—Readiness 

SEC. 331. INTERGOVERNMENTAL SUPPORT AGREEMENTS WITH STATE 

AND LOCAL GOVERNMENTS. 

(a) AGREEMENTS AUTHORIZED.—Chapter 137 of title 10, United 

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

section: 

‘‘§ 2336. Intergovernmental support agreements with State 

and local governments 

‘‘(a) IN GENERAL.—(1) The Secretary concerned may enter into 

an intergovernmental support agreement with a State or local 

government to provide, receive, or share installation-support services if the Secretary determines that the agreement will serve 

the best interests of the department by enhancing mission effectiveness or creating efficiencies or economies of scale, including by 

reducing costs. 

‘‘(2) Notwithstanding any other provision of law, an intergovernmental support agreement under paragraph (1)— 

‘‘(A) may be entered into on a sole-source basis; 

‘‘(B) may be for a term not to exceed five years; and 

‘‘(C) may use, for installation-support services provided by 

a State or local government, wage grades normally paid by 

that State or local government. 

‘‘(3) An intergovernmental support agreement under paragraph 

(1) may only be used when the Secretary concerned or the State 

or local government, as the case may be, providing the installationsupport services already provides such services for its own use. 

‘‘(b) EFFECT ON FIRST RESPONDER ARRANGEMENTS.—The 

authority provided by this section and limitations on the use of 

that authority are not intended to revoke, preclude, or otherwise 

interfere with existing or proposed mutual-aid agreements relating 

to police or fire protection services or other similar first responder 

agreements or arrangements. 

‘‘(c) AVAILABILITY OF FUNDS.—Funds available to the Secretary 

concerned for operation and maintenance may be used to pay for 

such installation-support services. The costs of agreements under 

this section for any fiscal year may be paid using annual appropriations made available for that year. Funds received by the Secretary 

as reimbursement for providing installation-support services pursuant to such an agreement shall be credited to the appropriation 

or account charged with providing installation support. 

‘‘(d) EFFECT ON OMB CIRCULAR A-76.— The Secretary concerned shall ensure that intergovernmental support agreements 

authorized by this section are not used to circumvent the requirements of Office of Management and Budget Circular A-76 regarding 

public-private competitions. 

‘‘(e) DEFINITIONS.—In this section: 

Determination. 

10 USC 2336. 

10 USC 8013 

note. 

Compliance. 


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PUBLIC LAW 112–239—JAN. 2, 2013 126 STAT. 1697 

‘‘(1) The term ‘installation-support services’ means those 

services, supplies, resources, and support typically provided 

by a local government for its own needs and without regard 

to whether such services, supplies, resources, and support are 

provided to its residents generally, except that the term does 

not include security guard or fire-fighting functions. 

‘‘(2) The term ‘local government’ includes a county, parish, 

municipality, city, town, township, local public authority, school 

district, special district, and any agency or instrumentality 

of a local government. 

‘‘(3) The term ‘State’ includes the District of Columbia, 

the Commonwealths of Puerto Rico and the Northern Mariana 

Islands, American Samoa, Guam, and the United States Virgin 

Islands, and any agency or instrumentality of a State.’’. 

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by adding at the end the following 

new item: 

‘‘2336. Intergovernmental support agreements with State and local governments.’’. 

SEC. 332. EXPANSION AND REAUTHORIZATION OF PILOT PROGRAM 

FOR AVAILABILITY OF WORKING-CAPITAL FUNDS FOR 

PRODUCT IMPROVEMENTS. 

(a) EXPANSION.—Section 330 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 68) 

is amended— 

(1) in subsection (a), by inserting ‘‘, the Secretary of the 

Navy, and the Secretary of the Air Force (in this section referred 

to as the ‘Secretary concerned’)’’ after ‘‘the Secretary of the 

Army’’; 

(2) in subsection (d)— 

(A) by inserting ‘‘by the Secretary concerned’’ after 

‘‘submitted’’; and 

(B) by inserting ‘‘by the Secretary concerned’’ after 

‘‘used’’; and 

(3) in subsection (e)— 

(A) in paragraph (1), by striking ‘‘the Assistant Secretary of the Army for Acquisition, Logistics, and Technology, in consultation with the Assistant Secretary of the 

Army for Financial Management and Comptroller,’’ and 

inserting ‘‘the Secretary concerned’’; and 

(B) in paragraph (2), by striking ‘‘the Assistant Secretary of the Army for Acquisition, Logistics, and Technology’’ and inserting ‘‘the Secretary concerned’’. 

(b) COVERED PRODUCT IMPROVEMENTS.—Subsection (b) of such 

section is amended— 

(1) by inserting ‘‘retrofit, modernization, upgrade, or rebuild 

of a’’ before ‘‘component’’; and 

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

inserting ‘‘reliability, availability, and maintainability’’. 

(c) LIMITATION ON CERTAIN PROJECTS.—Subsection (c)(1) of such 

section is amended by striking ‘‘performance envelope’’ and inserting 

‘‘capability’’. 

(d) REPORTING REQUIREMENT.—Subsection (e) of such section 

is amended— 

(1) in paragraph (2), by striking ‘‘2012’’ and inserting 

‘‘2017’’; and 

10 USC 

prec. 2301. 


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126 STAT. 1698 PUBLIC LAW 112–239—JAN. 2, 2013 

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

‘‘45 days’’. 

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

by section 354 of the National Defense Authorization Act for Fiscal 

Year 2012 (Public Law 112–81; 125 Stat. 1377), is further amended 

by striking ‘‘2014’’ and inserting ‘‘2018’’. 

(f) CLERICAL AMENDMENT.—The heading of such section is 

amended by striking ‘‘TO ARMY’’. 

SEC. 333. DEPARTMENT OF DEFENSE NATIONAL STRATEGIC PORTS 

STUDY AND COMPTROLLER GENERAL STUDIES AND 

REPORTS ON STRATEGIC PORTS. 

(a) SENSE OF CONGRESS ON COMPLETION OF DOD REPORT.— It is the sense of Congress that the Secretary of Defense should 

expedite completion of the study of strategic ports in the United 

States called for in the conference report to accompany the National 

Defense Authorization Act for Fiscal Year 2012 (Conference Report 

112–329) so that it can be submitted to Congress before December 

31, 2012. 

(b) COMPTROLLER GENERAL SUFFICIENCY REVIEW.— 

(1) SUBMISSION OF DOD REPORT.—In addition to submitting 

the report referred to in subsection (a) to Congress, the Secretary of Defense shall submit the report to the Comptroller 

General of the United States. 

(2) SUFFICIENCY REVIEW.—Not later than 90 days after 

receiving the report under paragraph (1), the Comptroller General shall— 

(A) conduct a sufficiency review of the report; and 

(B) submit to the congressional defense committees 

a report containing the results of the review. 

(c) COMPTROLLER GENERAL STUDY AND REPORT ON STRATEGIC

PORTS.— 

(1) STUDY AND REPORT REQUIRED.—Not later than 270 days 

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

General shall— 

(A) conduct a study of the programs and efforts of 

the Department of Defense related to the state of strategic 

ports with respect to the operational and readiness requirements of the Department; and 

(B) submit to the congressional defense committees 

a report containing the findings of the study. 

(2) ELEMENTS OF STUDY.—The study required by paragraph 

(1) shall include an assessment of— 

(A) the extent to which the facilities at strategic ports 

meet the requirements of the Department of Defense; 

(B) the extent to which the Department has identified 

gaps in the ability of existing strategic ports to meet its 

needs and identified and undertaken efforts to address 

any gaps; and 

(C) the ability of the Department to oversee, coordinate, 

and provide security for military deployments through strategic ports. 

(d) STRATEGIC PORT DEFINED.—In this section, the term ‘‘strategic port’’ means a United States port designated by the Secretary 

of Defense as a significant transportation hub important to the 

readiness and cargo throughput capacity of the Department of 

Defense. 


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PUBLIC LAW 112–239—JAN. 2, 2013 126 STAT. 1699 

Subtitle E—Reports 

SEC. 341. ANNUAL REPORT ON DEPARTMENT OF DEFENSE LONG-TERM 

CORROSION STRATEGY. 

Section 2228(e) of title 10, United States Code, is amended— 

(1) in paragraph (1)— 

(A) in subparagraph (B), by inserting ‘‘, including available validated data on return on investment for completed 

corrosion projects and activities’’ after ‘‘the strategy’’; 

(B) in subparagraph (E), by striking ‘‘For the fiscal 

year covered by the report and the preceding fiscal year’’ 

and inserting ‘‘For the fiscal year preceding the fiscal year 

covered by the report’’; and 

(C) by inserting at the end the following new subparagraph: 

‘‘(F) For the fiscal year preceding the fiscal year covered 

by the report, a description of the specific amount of funds 

used for military corrosion projects, the Technical Corrosion 

Collaboration pilot program, and other corrosion-related activities.’’; 

(2) by striking paragraph (2); and 

(3) by redesignating paragraph (3) as paragraph (2). 

SEC. 342. REPORT ON JOINT STRATEGY FOR READINESS AND 

TRAINING IN A C4ISR-DENIED ENVIRONMENT. 

(a) REPORT REQUIRED.—Not later than one year after the date 

of the enactment of this Act, the Secretary of Defense, in consultation with the Chairman of the Joint Chiefs of Staff, shall submit 

to Congress a report on the readiness of the joint force to conduct 

operations in environments where there is no access to Command, 

Control, Communications, Computers, Intelligence, Surveillance, 

and Reconnaissance (in this section referred to as ‘‘C4ISR’’) systems, 

including satellite communications, classified Internet protocolbased networks, and the Global Positioning System (in this section 

referred to as ‘‘GPS’’). 

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

(a) shall include a description of the steps taken and planned 

to be taken— 

(1) to identify likely threats to the C4ISR systems of the 

United States, including both weapons and those states with 

such capabilities as well as the most likely areas in which 

C4ISR systems could be at risk; 

(2) to identify vulnerabilities to the C4ISR systems of the 

United States that could result in a C4ISR-denied environment; 

(3) to determine how the Armed Forces should respond 

in order to reconstitute C4ISR systems, prevent further denial 

of C4ISR systems, and develop counter-attack capabilities; 

(4) to determine which types of joint operations could be 

feasible in an environment in which access to C4ISR systems 

is restricted or denied; 

(5) to conduct training and exercises for sustaining combat 

and logistics operations in C4ISR-denied environments; and 

(6) to propose changes to current tactics, techniques, and 

procedures to prepare to operate in an environment in which 

C4ISR systems are degraded or denied for 48-hour, 7-day, 30- 

day, or 60-day periods. 


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126 STAT. 1700 PUBLIC LAW 112–239—JAN. 2, 2013 

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

of the report required by subsection (a), the Chairman of the Joint 

Chiefs of Staff shall develop a roadmap and joint exercise plan 

for the joint force to operate in an environment where access to 

C4ISR systems, including satellite communications, classified Internet protocol-based networks, and the GPS network, is denied. The 

plan and joint exercise program shall include— 

(1) the development of alternatives to satellite communications, classified Internet protocol-based networks, and GPS for 

logistics, intelligence, surveillance, reconnaissance, and combat 

operations; and 

(2) methods to mitigate dependency on satellite communications, classified Internet protocol-based networks, and GPS; 

(3) methods to protect vulnerable satellite communications, 

classified Internet protocol-based networks, and GPS; and 

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

experiments, to enable the force to operate in a satellite communications, Internet protocol-based network, and GPS-denied 

environment. 

(d) FORM OF REPORT.—The report required to be submitted 

by subsection (a) shall be submitted in unclassified form, but may 

include a classified annex. 

SEC. 343. COMPTROLLER GENERAL REVIEW OF ANNUAL DEPARTMENT 

OF DEFENSE REPORT ON PREPOSITIONED MATERIEL AND 

EQUIPMENT. 

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

amended— 

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

on which a report is submitted under subsection (a), the’’ and 

inserting ‘‘The’’; and 

(2) by striking ‘‘the report’’ and inserting ‘‘each report submitted under subsection (a)’’. 

SEC. 344. MODIFICATION OF REPORT ON MAINTENANCE AND REPAIR 

OF VESSELS IN FOREIGN SHIPYARDS. 

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

(1) in paragraph (3)— 

(A) in the matter preceding subparagraph (A), by 

striking ‘‘The report’’ and inserting the following: ‘‘Except 

as provided in paragraph (4), the report’’; and 

(B) in subparagraph (A), by inserting after ‘‘justification under law’’ the following: ‘‘and operational justification’’; 

(2) by redesignating paragraph (4) as paragraph (5); 

(3) by inserting after paragraph (3) the following new paragraph (4): 

‘‘(4) In the case of a covered vessel described in subparagraph (C) of paragraph (5), the report shall not be required 

to include the information described in subparagraphs (A), (E), 

(F), (G), and (I) of paragraph (3).’’; and 

(4) in paragraph (5), as redesignated by paragraph (2) 

of this section, by adding at the end the following new subparagraph: 

‘‘(C) A vessel not described in subparagraph (A) or (B) 

that is operated pursuant to a contract entered into by the 

Secretary of the Navy and the Maritime Administration or 


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PUBLIC LAW 112–239—JAN. 2, 2013 126 STAT. 1701 

the United States Transportation Command in support of 

Department of Defense operations.’’. 

SEC. 345. EXTENSION OF DEADLINE FOR COMPTROLLER GENERAL 

REPORT ON DEPARTMENT OF DEFENSE SERVICE CONTRACT INVENTORY. 

Section 803(c) of the National Defense Authorization Act for 

Fiscal Year 2010 (Public Law 111–84; 123 Stat. 2402) is amended 

by striking ‘‘180 days’’ and inserting ‘‘270 days’’. 

Subtitle F—Limitations and Extension of 

Authority 

SEC. 351. REPEAL OF REDUNDANT AUTHORITY TO ENSURE INTEROPERABILITY OF LAW ENFORCEMENT AND EMERGENCY 

RESPONDER TRAINING. 

Section 372 of title 10, United States Code, is amended— 

(1) by striking ‘‘(a) IN GENERAL.—’’; and 

(2) by striking subsection (b). 

SEC. 352. AEROSPACE CONTROL ALERT MISSION. 

(a) CONSOLIDATED BUDGET EXHIBIT.—The Secretary of Defense 

shall establish a consolidated budget justification display that fully 

identifies the baseline aerospace control alert budget for each of 

the military services and encompasses all programs and activities 

of the aerospace control alert mission for each of the following 

functions: 

(1) Procurement. 

(2) Operation and maintenance. 

(3) Research, development, testing, and evaluation. 

(4) Military construction. 

(b) REPORT.— 

(1) REPORT TO CONGRESS.—Not later than April 1, 2013, 

the Secretary of Defense shall submit to the congressional 

defense committees a report that provides a cost-benefit analysis and risk-based assessment of the aerospace control alert 

mission as it relates to expected future changes to the budget 

and force structure of such mission. 

(2) COMPTROLLER GENERAL REVIEW.—Not later than 120 

days after the date on which the Secretary submits the report 

required by paragraph (1), the Comptroller General of the 

United States shall— 

(A) conduct a review of the Department of Defense 

cost-benefit analysis and risk-based assessment contained 

in the report; and 

(B) submit to the congressional defense committees 

a report on the findings of such review. 

(c) SENSE OF CONGRESS ON THE ESSENTIAL SERVICE PROVIDED

BY AIR FORCE WINGS PERFORMING AEROSPACE CONTROL ALERT

MISSIONS.—It is the sense of Congress that Air Force wings performing the 24-hour aerospace control alert missions provide an 

essential service in defending the sovereign airspace of the United 

States in the aftermath of the terrorist attacks upon the United 

States on September 11, 2001. 

10 USC 221 note. 


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126 STAT. 1702 PUBLIC LAW 112–239—JAN. 2, 2013 

SEC. 353. LIMITATION ON AUTHORIZATION OF APPROPRIATIONS FOR 

THE NATIONAL MUSEUM OF THE UNITED STATES ARMY. 

Of the amounts authorized to be appropriated for Operation 

and Maintenance for fiscal year 2013, not more than $5,000,000 

shall be made available for the National Museum of the United 

States Army until the Secretary of the Army submits to the congressional defense committees certification in writing that sufficient 

private funding has been raised to fund the construction of the 

portion of the museum known as the ‘‘Baseline Museum’’ and that 

at least 50 percent of the Baseline Museum has been completed. 

SEC. 354. LIMITATION ON AVAILABILITY OF FUNDS FOR RETIREMENT 

OR INACTIVATION OF TICONDEROGA CLASS CRUISERS OR 

DOCK LANDING SHIPS. 

None of the funds authorized to be appropriated by this Act 

or otherwise made available for fiscal year 2013 for the Department 

of Defense may be obligated or expended to retire, prepare to 

retire, inactivate, or place in storage a cruiser or dock landing 

ship. 

SEC. 355. RENEWAL OF EXPIRED PROHIBITION ON RETURN OF VETERANS MEMORIAL OBJECTS WITHOUT SPECIFIC 

AUTHORIZATION IN LAW. 

(a) CODIFICATION OF PROHIBITION.—Section 2572 of title 10, 

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

new subsection: 

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

may not transfer a veterans memorial object to a foreign country 

or an entity controlled by a foreign government, or otherwise 

transfer or convey such an object to any person or entity for purposes of the ultimate transfer or conveyance of the object to a 

foreign country or entity controlled by a foreign government. 

‘‘(2) In this subsection: 

‘‘(A) The term ‘entity controlled by a foreign government’ 

has the meaning given that term in section 2536(c)(1) of this 

title. 

‘‘(B) The term ‘veterans memorial object’ means any object, 

including a physical structure or portion thereof, that— 

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

System, war memorial, or military installation in the 

United States; 

‘‘(ii) is dedicated to, or otherwise memorializes, the 

death in combat or combat-related duties of members of 

the armed forces; and 

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

as a memorial of combat abroad. 

‘‘(3) The prohibition imposed by paragraph (1) does not apply 

to a transfer of a veterans memorial object if— 

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

‘‘(B) the transfer is made after September 30, 2017.’’. 

(b) REPEAL OF OBSOLETE SOURCE LAW.—Section 1051 of the 

National Defense Authorization Act for Fiscal Year 2000 (Public 

Law 106–65; 10 U.S.C. 2572 note) is repealed. 

Definitions. 


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PUBLIC LAW 112–239—JAN. 2, 2013 126 STAT. 1703 

Subtitle G—National Commission on the 

Structure of the Air Force 

SEC. 361. SHORT TITLE. 

This subtitle may be cited as the ‘‘National Commission on 

the Structure of the Air Force Act of 2012’’. 

SEC. 362. ESTABLISHMENT OF COMMISSION. 

(a) ESTABLISHMENT.—There is established the National 

Commission on the Structure of the Air Force (in this subtitle 

referred to as the ‘‘Commission’’). 

(b) MEMBERSHIP.— (1) COMPOSITION.—The Commission shall be composed of 

eight members, of whom— 

(A) four shall be appointed by the President; 

(B) one shall be appointed by the Chairman of the 

Committee on Armed Services of the Senate; 

(C) one shall be appointed by the Ranking Member 

of the Committee on Armed Services of the Senate; 

(D) one shall be appointed by the Chairman of the 

Committee on Armed Services of the House of Representatives; and 

(E) one shall be appointed by the Ranking Member 

of the Committee on Armed Services of the House of Representatives. 

(2) APPOINTMENT DATE.—The appointments of the members 

of the Commission shall be made not later than 90 days after 

the date of the enactment of this Act. 

(3) EFFECT OF LACK OF APPOINTMENT BY APPOINTMENT

DATE.—If one or more appointments under subparagraph (A) 

of paragraph (1) is not made by the appointment date specified 

in paragraph (2), the authority to make such appointment 

or appointments shall expire, and the number of members 

of the Commission shall be reduced by the number equal to 

the number of appointments so not made. If an appointment 

under subparagraph (B), (C), (D), or (E) of paragraph (1) is 

not made by the appointment date specified in paragraph (2), 

the authority to make an appointment under such subparagraph shall expire, and the number of members of the Commission shall be reduced by the number equal to the number 

otherwise appointable under such subparagraph. 

(4) EXPERTISE.—In making appointments under this subsection, consideration should be given to individuals with expertise in reserve forces policy. 

(c) PERIOD OF APPOINTMENT; VACANCIES.—Members shall be 

appointed for the life of the Commission. Any vacancy in the 

Commission shall not affect its powers, but shall be filled in the 

same manner as the original appointment. 

(d) INITIAL MEETING.—Not later than 30 days after the date 

on which all members of the Commission have been appointed, 

the Commission shall hold its first meeting. 

(e) MEETINGS.—The Commission shall meet at the call of the 

Chair. 

(f) QUORUM.—A majority of the members of the Commission 

shall constitute a quorum, but a lesser number of members may 

hold hearings. 

Deadline. 

Appointments. 

President. 

Congress. 

National 

Commission on 

the Structure of 

the Air Force Act 

of 2012. 


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126 STAT. 1704 PUBLIC LAW 112–239—JAN. 2, 2013 

(g) CHAIR AND VICE CHAIRMAN.—The Commission shall select 

a Chair and Vice Chair from among its members. 

SEC. 363. DUTIES OF THE COMMISSION. 

(a) STUDY.— 

(1) IN GENERAL.—The Commission shall undertake a comprehensive study of the structure of the Air Force to determine 

whether, and how, the structure should be modified to best 

fulfill current and anticipated mission requirements for the 

Air Force in a manner consistent with available resources. 

(2) CONSIDERATIONS.—In considering the structure of the 

Air Force, the Commission shall give particular consideration 

to evaluating a structure that— 

(A) meets current and anticipated requirements of the 

combatant commands; 

(B) achieves an appropriate balance between the regular and reserve components of the Air Force, taking 

advantage of the unique strengths and capabilities of each; 

(C) ensures that the regular and reserve components 

of the Air Force have the capacity needed to support current 

and anticipated homeland defense and disaster assistance 

missions in the United States; 

(D) provides for sufficient numbers of regular members 

of the Air Force to provide a base of trained personnel 

from which the personnel of the reserve components of 

the Air Force could be recruited; 

(E) maintains a peacetime rotation force to support 

operational tempo goals of 1:2 for regular members of the 

Air Forces and 1:5 for members of the reserve components 

of the Air Force; and 

(F) maximizes and appropriately balances affordability, 

efficiency, effectiveness, capability, and readiness. 

(b) REPORT.—Not later than February 1, 2014, the Commission 

shall submit to the President and the congressional defense committees a report which shall contain a detailed statement of the findings 

and conclusions of the Commission as a result of the study required 

by subsection (a), together with its recommendations for such legislation and administrative actions it may consider appropriate in 

light of the results of the study. 

SEC. 364. POWERS OF THE COMMISSION. 

(a) HEARINGS.—The Commission may hold such hearings, sit 

and act at such times and places, take such testimony, and receive 

such evidence as the Commission considers advisable to carry out 

this subtitle. 

(b) INFORMATION FROM FEDERAL AGENCIES.—The Commission 

may secure directly from any Federal department or agency such 

information as the Commission considers necessary to carry out 

this subtitle. Upon request of the Chair of the Commission, the 

head of such department or agency shall furnish such information 

to the Commission. 

(c) POSTAL SERVICES.—The Commission may use the United 

States mails in the same manner and under the same conditions 

as other departments and agencies of the Federal Government. 

(d) GIFTS.—The Commission may accept, use, and dispose of 

gifts or donations of services or property. 


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PUBLIC LAW 112–239—JAN. 2, 2013 126 STAT. 1705 

SEC. 365. COMMISSION PERSONNEL MATTERS. 

(a) COMPENSATION OF MEMBERS.—Each member of the Commission who is not an officer or employee of the Federal Government 

shall be compensated at a rate equal to the daily equivalent of 

the annual rate of basic pay prescribed for level IV of the Executive 

Schedule under section 5315 of title 5, United States Code, for 

each day (including travel time) during which such member is 

engaged in the performance of the duties of the Commission. All 

members of the Commission who are officers or employees of the 

United States shall serve without compensation in addition to that 

received for their services as officers or employees of the United 

States. 

(b) TRAVEL EXPENSES.—The members of the Commission shall 

be allowed travel expenses, including per diem in lieu of subsistence, 

at rates authorized for employees of agencies under subchapter 

I of chapter 57 of title 5, United States Code, while away from 

their homes or regular places of business in the performance of 

services for the Commission. 

(c) STAFF.— 

(1) IN GENERAL.—The Chair of the Commission may, without regard to the civil service laws and regulations, appoint 

and terminate an executive director and such other additional 

personnel as may be necessary to enable the Commission to 

perform its duties. The employment of an executive director 

shall be subject to confirmation by the Commission. 

(2) COMPENSATION.—The Chair of the Commission may 

fix the compensation of the executive director and other personnel without regard to chapter 51 and subchapter III of 

chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that 

the rate of pay for the executive director and other personnel 

may not exceed the rate payable for level V of the Executive 

Schedule under section 5316 of such title. 

(d) DETAIL OF GOVERNMENT EMPLOYEES.—Any Federal Government employee may be detailed to the Commission without 

reimbursement, and such detail shall be without interruption or 

loss of civil service status or privilege. 

(e) PROCUREMENT OF TEMPORARY AND INTERMITTENT SERVICES.—The Chair of the Commission may procure temporary and 

intermittent services under section 3109(b) of title 5, United States 

Code, at rates for individuals which do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of 

the Executive Schedule under section 5316 of such title. 

SEC. 366. TERMINATION OF THE COMMISSION. 

The Commission shall terminate 90 days after the date on 

which the Commission submits its report under section 363. 

SEC. 367. FUNDING. 

Amounts authorized to be appropriated for fiscal year 2013 

and available for operation and maintenance for the Air Force 

as specified in the funding table in section 4301 may be available 

for the activities of the Commission under this subtitle. 


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126 STAT. 1706 PUBLIC LAW 112–239—JAN. 2, 2013 

Subtitle H—Other Matters 

SEC. 371. MILITARY WORKING DOG MATTERS. 

(a) RETIREMENT OF MILITARY WORKING DOGS.—Section 2583 

of title 10, United States Code, is amended— 

(1) by redesignating subsections (f) and (g) as subsections 

(g) and (h), respectively; and 

(2) by inserting after subsection (e) the following new subsection (f): 

‘‘(f) TRANSFER OF RETIRED MILITARY WORKING DOGS.—If the 

Secretary of the military department concerned determines that 

a military working dog should be retired, and no suitable adoption 

is available at the military facility where the dog is located, the 

Secretary may transfer the dog— 

‘‘(1) to the 341st Training Squadron; or 

‘‘(2) to another location for adoption under this section.’’. 

(b) VETERINARY CARE FOR RETIRED MILITARY WORKING DOGS.— 

(1) IN GENERAL.—Chapter 50 of title 10, United States 

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

section: 

‘‘§ 994. Military working dogs: veterinary care for retired 

military working dogs 

‘‘(a) IN GENERAL.—The Secretary of Defense may establish and 

maintain a system to provide for the veterinary care of retired 

military working dogs. No funds may be provided by the Federal 

Government for this purpose. 

‘‘(b) ELIGIBLE DOGS.—A retired military working dog eligible 

for veterinary care under this section is any military working dog 

adopted under section 2583 of this title. 

‘‘(c) STANDARDS OF CARE.—The veterinary care provided under 

the system authorized by this section shall meet such standards 

as the Secretary shall establish and from time to time update.’’. 

(2) CLERICAL AMENDMENT.—The table of sections at the 

beginning of chapter 50 of such title is amended by adding 

at the end the following new item: 

‘‘994. Military working dogs: veterinary care for retired military working dogs.’’. 

SEC. 372. COMPTROLLER GENERAL REVIEW OF HANDLING, LABELING, 

AND PACKAGING PROCEDURES FOR HAZARDOUS MATERIAL SHIPMENTS. 

(a) COMPTROLLER GENERAL REVIEW.—The Comptroller General 

of the United States shall conduct a review of the policies and 

procedures of the Department of Defense for the handling, labeling, 

and packaging of hazardous material shipments. 

(b) MATTERS INCLUDED.—The review conducted under subsection (a) shall address the following: 

(1) The relevant statutes, regulations, and guidance and 

policies of the Department of Defense pertaining to the handling, labeling, and packaging procedures of hazardous material 

shipments to support military operations. 

(2) The extent to which such guidance, policies, and procedures contribute to the safe, timely, and cost-effective handling 

of such material. 

(3) The extent to which discrepancies in Department of 

Transportation guidance, policies, and procedures pertaining 

10 USC 

prec. 991. 

10 USC 994. 


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PUBLIC LAW 112–239—JAN. 2, 2013 126 STAT. 1707 

to handling, labeling, and packaging of hazardous material 

shipments in commerce and similar Department of Defense 

guidance, policies, and procedures pertaining to the handling, 

labeling, and packaging of hazardous material shipments 

impact the safe, timely, and cost-effective handling of such 

material. 

(4) Any additional matters that the Comptroller General 

determines will further inform the appropriate congressional 

committees on issues related to the handling, labeling, and 

packaging procedures for hazardous material shipments to 

members of the Armed Forces worldwide. 

(c) REPORT.—Not later than one year after the date of the 

enactment of this Act, the Comptroller General shall submit to 

the appropriate congressional committees a report of the review 

conducted under subsection (a). 

(d) APPROPRIATE CONGRESSIONAL COMMITTEES.—In this section, 

the term ‘‘appropriate congressional committees’’ means the following: 

(1) The congressional defense committees. 

(2) The Committee on Transportation and Infrastructure 

of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate. 

TITLE IV—MILITARY PERSONNEL 

AUTHORIZATIONS 

Subtitle A—Active Forces 

Sec. 401. End strengths for active forces. 

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

Sec. 403. Annual limitation on end strength reductions for regular component of 

the Army and Marine Corps. 

Sec. 404. Additional Marine Corps personnel for the Marine Corps Security Guard 

Program. 

Subtitle B—Reserve Forces 

Sec. 411. End strengths for Selected Reserve. 

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

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

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

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

for operational support. 

Subtitle C—Authorization of Appropriations 

Sec. 421. Military personnel. 

Subtitle A—Active Forces 

SEC. 401. END STRENGTHS FOR ACTIVE FORCES. 

The Armed Forces are authorized strengths for active duty 

personnel as of September 30, 2013, as follows: 

(1) The Army, 552,100. 

(2) The Navy, 322,700. 

(3) The Marine Corps, 197,300. 

(4) The Air Force, 329,460. 

Definition. 


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126 STAT. 1708 PUBLIC LAW 112–239—JAN. 2, 2013 

SEC. 402. REVISION IN PERMANENT ACTIVE DUTY END STRENGTH 

MINIMUM LEVELS. 

(a) MINIMUM END STRENGTH.—Subsection (b) of section 691 

of title 10, United States Code, is amended by striking paragraphs 

(1) through (4) and inserting the following new paragraphs: 

‘‘(1) For the Army, 542,700. 

‘‘(2) For the Navy, 322,700. 

‘‘(3) For the Marine Corps, 193,500. 

‘‘(4) For the Air Force, 329,460.’’. 

(b) LIMITED REDUCTION AUTHORITY.—Such section is further 

amended by inserting after subsection (d) the following new subsection: 

‘‘(e) The Secretary of Defense may reduce a number specified 

in subsection (b) by not more than 0.5 percent.’’. 

SEC. 403. ANNUAL LIMITATION ON END STRENGTH REDUCTIONS FOR 

REGULAR COMPONENT OF THE ARMY AND MARINE CORPS. 

(a) ANNUAL LIMITATION ON ARMY END STRENGTH REDUCTIONS.—The end strength of the regular component of the Army 

shall not be reduced by more than 15,000 members during each 

of fiscal years 2014 through 2017 from the end strength of the 

regular component of the Army at the end of the preceding fiscal 

year. 

(b) ANNUAL LIMITATION ON MARINE CORPS END STRENGTH

REDUCTIONS.—The end strength of the regular component of the 

Marine Corps shall not be reduced by more than 5,000 members 

during each of fiscal years 2014 through 2017 from the end strength 

of the regular component of the Marine Corps at the end of the 

preceding fiscal year. 

SEC. 404. ADDITIONAL MARINE CORPS PERSONNEL FOR THE MARINE 

CORPS SECURITY GUARD PROGRAM. 

(a) ADDITIONAL PERSONNEL.— 

(1) IN GENERAL.—The Secretary of Defense shall develop 

and implement a plan to increase the number of members 

of the Marine Corps assigned to the Marine Corps Embassy 

Security Group at Quantico, Virginia, and Marine Security 

Group Regional Commands and Marine Security Group detachments at United States embassies, consulates, and other diplomatic facilities by up to 1,000 Marines. 

(2) PURPOSE.—The purpose of the increase under paragraph 

(1) is to provide the additional end strength and the resources 

necessary to support enhanced Marine Corps security at United 

States embassies, consulates, and other diplomatic facilities, 

particularly at locations identified by the Secretary of State 

as in need of additional security because of threats to United 

States personnel and property. 

(b) CONSULTATION.—The Secretary of Defense shall develop 

and implement the plan required by subsection (a) in consultation 

with the Secretary of State pursuant to the responsibility of the 

Secretary of State for diplomatic security under section 103 of 

the Diplomatic Security Act (22 U.S.C. 4802), and in accordance 

with any current memorandum of understanding between the 

Department of State and the Marine Corps on the operational 

and administrative supervision of the Marine Corps Security Guard 

Program. 

Plans. 

10 USC 5983 

note. 


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PUBLIC LAW 112–239—JAN. 2, 2013 126 STAT. 1709 

(c) SUPPORTING INFORMATION FOR BUDGET REQUESTS.—The 

material submitted in support of the budget of the President for 

each fiscal year after fiscal year 2013, as submitted to Congress 

pursuant to section 1105(a) of title 31, United States Code, shall 

include the following with regard to the Marine Corps Security 

Guard Program: 

(1) A description of the expanded security support to be 

provided by Marine Corps Security Guards to the Department 

of State during that fiscal year, including— 

(A) any increased internal security to be provided at 

United States embassies, consulates, and other diplomatic 

facilities; 

(B) any increased support for emergency action planning, training, and advising of host nation security forces; 

and 

(C) any expansion of intelligence collection activities. 

(2) A description of the current status of Marine Corps 

personnel assigned to the Marine Corps Security Guard Program as a result of the plan required by subsection (a). 

(3) A description of the Department of Defense resources 

required during that fiscal year for the Marine Corps Security 

Guard Program, including total funding for personnel, operation 

and maintenance, and procurement, and for key supporting 

programs to enable both the current and expanded Program 

mission during that fiscal year. 

(d) PRESERVATION OF FUNDING FOR MARINE CORPS UNDER

NATIONAL MILITARY STRATEGY.—In determining the amounts to 

be requested for each fiscal year after fiscal year 2013 for the 

Marine Corps Security Guard Program and for additional personnel 

under the Program, the President shall ensure that amounts 

requested for the Marine Corps for that fiscal year do not degrade 

the readiness of the Marine Corps to fulfill the requirements of 

the National Military Strategy prescribed by the Chairman of the 

Joint Chiefs of Staff. 

(e) REPORTING REQUIREMENTS.— (1) MISSION ASSESSMENT.—Not later than October 1, 2013, 

the Secretary of Defense shall— 

(A) conduct an assessment of the mission of the Marine 

Corps Security Guard Program and the procedural rules 

of engagement under the Program, in light of current and 

emerging threats to United States diplomatic personnel; 

and 

(B) submit to Congress a report on the assessment, 

including a description and assessment of options to 

improve the Program to respond to such threats. 

(2) NOTIFICATION OF CHANGES IN SCOPE OF PROGRAM IN

RESPONSE TO CHANGING THREATS.—If the President determines 

that a modification (whether an increase or a decrease) in 

the scope of the Marine Corps Security Guard Program is 

necessary or advisable in light of any change in the nature 

of threats to United States embassies, consulates, and other 

diplomatic facilities abroad, the President shall— 

(A) notify Congress of such modification and the change 

in the nature of threats prompting such modification; and 

(B) take such modification into account in requesting 

an end strength and funds for the Program for any fiscal 

year in which such modification is in effect. 

President. 

Determination. 

President. 


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126 STAT. 1710 PUBLIC LAW 112–239—JAN. 2, 2013 

Subtitle B—Reserve Forces 

SEC. 411. END STRENGTHS FOR SELECTED RESERVE. 

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

for Selected Reserve personnel of the reserve components as of 

September 30, 2013, as follows: 

(1) The Army National Guard of the United States, 358,200. 

(2) The Army Reserve, 205,000. 

(3) The Navy Reserve, 62,500. 

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

(5) The Air National Guard of the United States, 105,700. 

(6) The Air Force Reserve, 70,880. 

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

(b) END STRENGTH REDUCTIONS.—The end strengths prescribed 

by subsection (a) for the Selected Reserve of any reserve component 

shall be proportionately reduced by— 

(1) the total authorized strength of units organized to serve 

as units of the Selected Reserve of such component which 

are on active duty (other than for training) at the end of 

the fiscal year; and 

(2) the total number of individual members not in units 

organized to serve as units of the Selected Reserve of such 

component who are on active duty (other than for training 

or for unsatisfactory participation in training) without their 

consent at the end of the fiscal year. 

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

members of the Selected Reserve of any reserve component are 

released from active duty during any fiscal year, the end strength 

prescribed for such fiscal year for the Selected Reserve of such 

reserve component shall be increased proportionately by the total 

authorized strengths of such units and by the total number of 

such individual members. 

SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE DUTY IN SUPPORT OF THE RESERVES. 

Within the end strengths prescribed in section 411(a), the 

reserve components of the Armed Forces are authorized, as of 

September 30, 2013, the following number of Reserves to be serving 

on full-time active duty or full-time duty, in the case of members 

of the National Guard, for the purpose of organizing, administering, 

recruiting, instructing, or training the reserve components: 

(1) The Army National Guard of the United States, 32,060. 

(2) The Army Reserve, 16,277. 

(3) The Navy Reserve, 10,114. 

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

(5) The Air National Guard of the United States, 14,765. 

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

SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS (DUAL 

STATUS). 

The minimum number of military technicians (dual status) 

as of the last day of fiscal year 2013 for the reserve components 

of the Army and the Air Force (notwithstanding section 129 of 

title 10, United States Code) shall be the following: 

(1) For the Army National Guard of the United States, 

27,210. 

(2) For the Army Reserve, 8,395. 


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PUBLIC LAW 112–239—JAN. 2, 2013 126 STAT. 1711 

(3) For the Air National Guard of the United States, 22,180. 

(4) For the Air Force Reserve, 10,400. 

SEC. 414. FISCAL YEAR 2013 LIMITATION ON NUMBER OF NON-DUAL 

STATUS TECHNICIANS. 

(a) LIMITATIONS.— 

(1) NATIONAL GUARD.—Within the limitation provided in 

section 10217(c)(2) of title 10, United States Code, the number 

of non-dual status technicians employed by the National Guard 

as of September 30, 2013, may not exceed the following: 

(A) For the Army National Guard of the United States, 

1,600. 

(B) For the Air National Guard of the United States, 

350. 

(2) ARMY RESERVE.—The number of non-dual status technicians employed by the Army Reserve as of September 30, 2013, 

may not exceed 595. 

(3) AIR FORCE RESERVE.—The number of non-dual status 

technicians employed by the Air Force Reserve as of September 

30, 2013, may not exceed 90. 

(b) NON-DUAL STATUS TECHNICIANS DEFINED.—In this section, 

the term ‘‘non-dual status technician’’ has the meaning given that 

term in section 10217(a) of title 10, United States Code. 

SEC. 415. MAXIMUM NUMBER OF RESERVE PERSONNEL AUTHORIZED 

TO BE ON ACTIVE DUTY FOR OPERATIONAL SUPPORT. 

During fiscal year 2013, the maximum number of members 

of the reserve components of the Armed Forces who may be serving 

at any time on full-time operational support duty under section 

115(b) of title 10, United States Code, is the following: 

(1) The Army National Guard of the United States, 17,000. 

(2) The Army Reserve, 13,000. 

(3) The Navy Reserve, 6,200. 

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

(5) The Air National Guard of the United States, 16,000. 

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

Subtitle C—Authorization of 

Appropriations 

SEC. 421. MILITARY PERSONNEL. 

(a) AUTHORIZATION OF APPROPRIATIONS.—Funds are hereby 

authorized to be appropriated for fiscal year 2013 for the use 

of the Armed Forces and other activities and agencies of the Department of Defense for expenses, not otherwise provided for, for military personnel, as specified in the funding table in section 4401. 

(b) CONSTRUCTION OF AUTHORIZATION.—The authorization of 

appropriations in subsection (a) supersedes any other authorization 

of appropriations (definite or indefinite) for such purpose for fiscal 

year 2013. 


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126 STAT. 1712 PUBLIC LAW 112–239—JAN. 2, 2013 

TITLE V—MILITARY PERSONNEL 

POLICY 

Subtitle A—Officer Personnel Policy Generally 

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

Sec. 502. Reinstatement of authority for enhanced selective early retirement boards 

and early discharges. Sec. 503. Modification of definition of joint duty assignment to include all instructor 

assignments for joint training and education. 

Sec. 504. Exception to required retirement after 30 years of service for Regular 

Navy warrant officers in the grade of Chief Warrant Officer, W–5. 

Sec. 505. Extension of temporary authority to reduce minimum length of active 

service as a commissioned officer required for voluntary retirement as 

an officer. 

Sec. 506. Temporary increase in the time-in-grade retirement waiver limitation for 

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

Corps and commanders and captains in the Navy. 

Sec. 507. Modification to limitations on number of officers for whom service-ingrade requirements may be reduced for retirement in grade upon voluntary retirement. 

Sec. 508. Air Force Chief of Chaplains. 

Subtitle B—Reserve Component Management 

Sec. 511. Codification of staff assistant positions for Joint Staff related to National 

Guard and Reserve matters. 

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

warrant officers. 

Sec. 513. Availability of Transition Assistance Advisors to assist members of reserve components who serve on active duty for more than 180 consecutive days. 

Subtitle C—General Service Authorities 

Sec. 518. Authority for additional behavioral health professionals to conduct preseparation medical exams for post-traumatic stress disorder. 

Sec. 519. Diversity in the Armed Forces and related reporting requirements. 

Sec. 520. Limitation on reduction in number of military and civilian personnel assigned to duty with service review agencies. 

Sec. 521. Extension of temporary increase in accumulated leave carryover for members of the Armed Forces. 

Sec. 522. Modification of authority to conduct programs on career flexibility to enhance retention of members of the Armed Forces. 

Sec. 523. Prohibition on waiver for commissioning or enlistment in the Armed 

Forces for any individual convicted of a felony sexual offense. 

Sec. 524. Quality review of Medical Evaluation Boards, Physical Evaluation 

Boards, and Physical Evaluation Board Liaison Officers. 

Sec. 525. Reports on involuntary separation of members of the Armed Forces. 

Sec. 526. Report on feasibility of developing gender-neutral occupational standards 

for military occupational specialties currently closed to women. 

Sec. 527. Report on education and training and promotion rates for pilots of remotely piloted aircraft. 

Sec. 528. Impact of numbers of members within the Integrated Disability Evaluation System on readiness of Armed Forces to meet mission requirements. 

Subtitle D—Military Justice and Legal Matters 

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

Commandant of the Marine Corps. 

Sec. 532. Additional information in reports on annual surveys of the Committee on 

the Uniform Code of Military Justice. 

Sec. 533. Protection of rights of conscience of members of the Armed Forces and 

chaplains of such members. 

Sec. 534. Reports on hazing in the Armed Forces. 

Subtitle E—Member Education and Training Opportunities and Administration 

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

Department of Defense and enhancements to the Program. 

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

Sec. 543. Expansion of Department of Defense pilot program on receipt of civilian 

credentialing for military occupational specialty skills. 


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PUBLIC LAW 112–239—JAN. 2, 2013 126 STAT. 1713 

Sec. 544. State consideration of military training in granting certain State certifications and licenses as a condition on the receipt of funds for veterans 

employment and training. 

Sec. 545. Department of Defense review of access to military installations by representatives of institutions of higher education. 

Sec. 546. Report on Department of Defense efforts to standardize educational transcripts issued to separating members of the Armed Forces. 

Sec. 547. Comptroller General of the United States reports on joint professional 

military education matters. 

Subtitle F—Reserve Officers’ Training Corps and Related Matters 

Sec. 551. Repeal of requirement for eligibility for in-State tuition of at least 50 percent of participants in Senior Reserve Officers’ Training Corps program. 

Sec. 552. Consolidation of military department authority to issue arms, tentage, 

and equipment to educational institutions not maintaining units of Junior Reserve Officers’ Training Corps. 

Sec. 553. Modification of requirements on plan to increase the number of units of 

the Junior Reserve Officers’ Training Corps. 

Sec. 554. Comptroller General report on Reserve Officers’ Training Corps programs. 

Subtitle G—Defense Dependents’ Education and Military Family Readiness 

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

dependents of members of the Armed Forces and Department of Defense 

civilian employees. 

Sec. 562. Impact aid for children with severe disabilities. 

Sec. 563. Amendments to the Impact Aid program. 

Sec. 564. Transitional compensation for dependent children who are carried during 

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

Sec. 565. Modification of authority to allow Department of Defense domestic dependent elementary and secondary schools to enroll certain students. 

Sec. 566. Noncompetitive appointment authority regarding certain military 

spouses. 

Sec. 567. Report on future of family support programs of the Department of Defense. 

Sec. 568. Sense of Congress regarding support for Yellow Ribbon Day. 

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

Sec. 570. Armed Forces Workplace and Gender Relations Surveys. 

Sec. 571. Authority to retain or recall to active duty reserve component members 

who are victims of sexual assault while on active duty. 

Sec. 572. Additional elements in comprehensive Department of Defense policy on 

sexual assault prevention and response. 

Sec. 573. Establishment of special victim capabilities within the military departments to respond to allegations of certain special victim offenses. 

Sec. 574. Enhancement to training and education for sexual assault prevention and 

response. 

Sec. 575. Modification of annual Department of Defense reporting requirements regarding sexual assaults. 

Sec. 576. Independent reviews and assessments of Uniform Code of Military Justice 

and judicial proceedings of sexual assault cases. 

Sec. 577. Retention of certain forms in connection with Restricted Reports on sexual assault at request of the member of the Armed Forces making the 

report. 

Sec. 578. General or flag officer review of and concurrence in separation of members of the Armed Forces making an Unrestricted Report of sexual assault. 

Sec. 579. Department of Defense policy and plan for prevention and response to 

sexual harassment in the Armed Forces. 

Subtitle I—Suicide Prevention and Resilience 

Sec. 580. Enhancement of oversight and management of Department of Defense 

suicide prevention and resilience programs. 

Sec. 581. Reserve component suicide prevention and resilience program. 

Sec. 582. Comprehensive policy on prevention of suicide among members of the 

Armed Forces. 

Sec. 583. Study of resilience programs for members of the Army. 

Subtitle J—Other Matters 

Sec. 584. Issuance of prisoner-of-war medal. 


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126 STAT. 1714 PUBLIC LAW 112–239—JAN. 2, 2013 

Sec. 585. Technical amendments relating to the termination of the Armed Forces 

Institute of Pathology under defense base closure and realignment. 

Sec. 586. Modification of requirement for reports in Federal Register on institutions 

of higher education ineligible for contracts and grants for denial of 

ROTC or military recruiter access to campus. 

Sec. 587. Acceptance of gifts and services related to educational activities and voluntary services to account for missing persons. 

Sec. 588. Display of State, District of Columbia, commonwealth, and territorial 

flags by the Armed Forces. 

Sec. 589. Enhancement of authorities on admission of defense industry civilians to 

certain Department of Defense educational institutions and programs. 

Sec. 590. Extension of authorities to carry out a program of referral and counseling 

services to veterans at risk of homelessness who are transitioning from 

certain institutions. 

Sec. 591. Inspection of military cemeteries under the jurisdiction of Department of 

Defense. 

Sec. 592. Report on results of investigations and reviews conducted with respect to 

Port Mortuary Division of the Air Force Mortuary Affairs Operations 

Center at Dover Air Force Base. 

Sec. 593. Preservation of editorial independence of Stars and Stripes. 

Sec. 594. National public awareness and participation campaign for Veterans’ History Project of American Folklife Center. 

Sec. 595. Report on accuracy of data in the Defense Enrollment Eligibility Reporting System. 

Sec. 596. Sense of Congress that the bugle call commonly known as Taps should 

be designated as the National Song of Military Remembrance. 

Subtitle A—Officer Personnel Policy 

Generally 

SEC. 501. LIMITATION ON NUMBER OF NAVY FLAG OFFICERS ON 

ACTIVE DUTY. 

(a) ADDITIONAL FLAG OFFICER AUTHORIZED.—Section 526(a)(2) 

of title 10, United States Code, is amended by striking ‘‘160’’ and 

inserting ‘‘162’’. 

(b) CORRESPONDING CHANGE IN COMPUTING NUMBER OF FLAG

OFFICERS IN STAFF CORPS OF THE NAVY.—Section 5150(c) of such 

title is amended by striking the last sentence. 

(c) MODIFICATION OF EFFECTIVE DATE OF CERTAIN REFORMS

OF THE STRENGTH AND DISTRIBUTION LIMITATIONS APPLICABLE TO

MARINE CORPS GENERAL OFFICERS.—Paragraph (3) of section 502(b) 

of the National Defense Authorization Act for Fiscal Year 2012 

(Public Law 112–81; 125 Stat. 1387; 10 U.S.C. 525 note) is amended 

to read as follows: 

‘‘(3) EFFECTIVE DATES.— 

‘‘(A) IN GENERAL.—Except as provided in subparagraph 

(B), the amendments made by this subsection shall take 

effect on October 1, 2013. 

‘‘(B) MARINE CORPS OFFICERS.—The amendments made 

by paragraphs (1)(A)(iv) and (2)(D) shall take effect on 

October 1, 2012.’’. 

SEC. 502. REINSTATEMENT OF AUTHORITY FOR ENHANCED SELECTIVE 

EARLY RETIREMENT BOARDS AND EARLY DISCHARGES. 

Section 638a of title 10 United States Code, is amended— 

(1) in subsection (a)— 

(A) by inserting ‘‘(1)’’ after ‘‘(a)’’; 

(B) by striking ‘‘, during the period beginning on 

October 1, 1990,’’ and all that follows through ‘‘December 

31, 2012,’’; and 

(C) by adding at the end the following new paragraph: 


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‘‘(2) Any authority provided to the Secretary of a military 

department under paragraph (1) shall expire on the date specified 

by the Secretary of Defense, but such expiration date may not 

be later than December 31, 2018.’’; 

(2) in subsection (b), by striking paragraph (3) and redesignating paragraph (4) as paragraph (3); 

(3) in subsection (c), by adding at the end the following 

new paragraph: 

‘‘(4) In the case of an action under subsection (b)(2), the Secretary of Defense may also authorize the Secretary of the military 

department concerned to waive the five-year period specified in 

section 638(c) of this title if the Secretary of Defense determines 

that it is necessary for the Secretary of that military department 

to have such authority in order to meet mission needs.’’; and 

(4) in subsection (d)— 

(A) by striking ‘‘subsection (b)(4)’’ each place it appears 

and inserting ‘‘subsection (b)(3)’’; and 

(B) in paragraph (2), by striking ‘‘except that during 

the period beginning on October 1, 2006, and ending on 

December 31, 2012,’’ in subparagraphs (A) and (B) and 

inserting ‘‘except that through December 31, 2018,’’. 

SEC. 503. MODIFICATION OF DEFINITION OF JOINT DUTY ASSIGNMENT 

TO INCLUDE ALL INSTRUCTOR ASSIGNMENTS FOR JOINT 

TRAINING AND EDUCATION. 

Section 668(b)(1)(B) of title 10, United States Code, is amended 

by striking ‘‘assignments for joint’’ and all that follows through 

‘‘Phase II’’ and inserting ‘‘student assignments for joint training 

and education’’. 

SEC. 504. EXCEPTION TO REQUIRED RETIREMENT AFTER 30 YEARS 

OF SERVICE FOR REGULAR NAVY WARRANT OFFICERS IN 

THE GRADE OF CHIEF WARRANT OFFICER, W–5. 

Section 1305(a) of title 10, United States Code, is amended— 

(1) in paragraph (1)— 

(A) by striking ‘‘A regular warrant officer (other than 

a regular Army warrant officer)’’ and inserting ‘‘Subject 

to paragraphs (2) and (3), a regular warrant officer’’; and 

(B) by striking ‘‘he’’ and inserting ‘‘the officer’’; and 

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

‘‘(3) In the case of a regular Navy warrant officer in the grade 

of chief warrant officer, W–5, the officer shall be retired 60 days 

after the date on which the officer completes 33 years of total 

active service.’’. 

SEC. 505. EXTENSION OF TEMPORARY AUTHORITY TO REDUCE MINIMUM LENGTH OF ACTIVE SERVICE AS A COMMISSIONED 

OFFICER REQUIRED FOR VOLUNTARY RETIREMENT AS AN 

OFFICER. 

(a) ARMY.—Section 3911(b)(2) of title 10, United States Code, 

is amended by striking ‘‘September 30, 2013’’ and inserting ‘‘September 30, 2018’’. 

(b) NAVY AND MARINE CORPS.—Section 6323(a)(2)(B) of such 

title is amended by striking ‘‘September 30, 2013’’ and inserting 

‘‘September 30, 2018’’. 

(c) AIR FORCE.—Section 8911(b)(2) of such title is amended 

by striking ‘‘September 30, 2013’’ and inserting ‘‘September 30, 

2018’’. 

Waiver authority. 

Expiration date. 


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126 STAT. 1716 PUBLIC LAW 112–239—JAN. 2, 2013 

SEC. 506. TEMPORARY INCREASE IN THE TIME-IN-GRADE RETIREMENT 

WAIVER LIMITATION FOR LIEUTENANT COLONELS AND 

COLONELS IN THE ARMY, AIR FORCE, AND MARINE CORPS 

AND COMMANDERS AND CAPTAINS IN THE NAVY. 

Section 1370(a)(2)(F) of title 10, United States Code, is 

amended— 

(1) by striking ‘‘the period ending on December 31, 2007’’ 

and inserting ‘‘fiscal years 2013 through 2018’’; 

(2) by striking ‘‘Air Force’’ and inserting ‘‘Army, Air Force, 

and Marine Corps’’; and 

(3) by striking ‘‘in the period’’. 

SEC. 507. MODIFICATION TO LIMITATIONS ON NUMBER OF OFFICERS 

FOR WHOM SERVICE-IN-GRADE REQUIREMENTS MAY BE 

REDUCED FOR RETIREMENT IN GRADE UPON VOLUNTARY 

RETIREMENT. 

Section 1370(a)(2) of title 10, United States Code, is amended— 

(1) in subparagraph (E)— 

(A) by inserting ‘‘(i)’’ after ‘‘exceed’’; and 

(B) by inserting before the period at the end the following: ‘‘or (ii) in the case of officers of that armed force 

in a grade specified in subparagraph (G), two officers, 

whichever number is greater’’; and 

(2) by adding at the end the following new subparagraph: 

‘‘(G) Notwithstanding subparagraph (E), during fiscal years 

2013 through 2017, the total number of brigadier generals and 

major generals of the Army, Air Force, and Marine Corps, and 

the total number of rear admirals (lower half) and rear admirals 

of the Navy, for whom a reduction is made under this section 

during any fiscal year of service-in-grade otherwise required under 

this paragraph may not exceed 10 percent of the authorized activeduty strength for that fiscal year for officers of that armed force 

in those grades.’’. 

SEC. 508. AIR FORCE CHIEF OF CHAPLAINS. 

(a) ESTABLISHMENT OF POSITIONS; APPOINTMENT.—Chapter 805 

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

the following new section: 

‘‘§ 8039. Chief of Chaplains: appointment; duties 

‘‘(a) CHIEF OF CHAPLAINS.—(1) There is a Chief of Chaplains 

in the Air Force, appointed by the President, by and with the 

advice and consent of the Senate, from officers of the Air Force 

designated under section 8067(h) of this title as chaplains who— 

‘‘(A) are serving in the grade of colonel or above; 

‘‘(B) are serving on active duty; and 

‘‘(C) have served on active duty as a chaplain for at least 

eight years. 

‘‘(2) An officer appointed as the Chief of Chaplains shall be 

appointed for a term of three years. However, the President may 

terminate or extend the appointment at any time. 

‘‘(3) The Chief of Chaplains shall perform such duties as may 

be prescribed by the Secretary of the Air Force and by law. 

‘‘(b) SELECTION BOARD.—Under regulations approved by the 

Secretary of Defense, the Secretary of the Air Force, in selecting 

an officer for recommendation to the President for appointment 

as the Chief of Chaplains, shall ensure that the officer selected 

Regulations. 

President. 

10 USC 8039. 


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PUBLIC LAW 112–239—JAN. 2, 2013 126 STAT. 1717 

is recommended by a board of officers that, insofar as practicable, 

is subject to the procedures applicable to the selection boards convened under chapter 36 of this title. 

‘‘(c) GRADE.—An officer appointed as Chief of Chaplains who 

holds a lower regular grade may be appointed in the regular grade 

of major general.’’. 

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by adding at the end the following 

new item: 

‘‘8039. Chief of Chaplains: appointment; duties.’’. 

Subtitle B—Reserve Component 

Management 

SEC. 511. CODIFICATION OF STAFF ASSISTANT POSITIONS FOR JOINT 

STAFF RELATED TO NATIONAL GUARD AND RESERVE MATTERS. 

(a) CODIFICATION OF EXISTING POSITIONS.—Chapter 5 of title 

10, United States Code, is amended by inserting after section 155 

the following new section: 

‘‘§ 155a. Assistants to the Chairman of the Joint Chiefs of 

Staff for National Guard matters and Reserve matters 

‘‘(a) ESTABLISHMENT OF POSITIONS.—The Secretary of Defense 

shall establish the following positions within the Joint Staff: 

‘‘(1) Assistant to the Chairman of the Joint Chiefs of Staff 

for National Guard Matters. 

‘‘(2) Assistant to the Chairman of the Joint Chiefs of Staff 

for Reserve Matters. 

‘‘(b) SELECTION.—(1) The Assistant to the Chairman of the 

Joint Chiefs of Staff for National Guard Matters shall be selected 

by the Chairman from officers of the Army National Guard of 

the United States or the Air Guard of the United States who— 

‘‘(A) are recommended for such selection by their respective 

Governors or, in the case of the District of Columbia, the 

commanding general of the District of Columbia National 

Guard; 

‘‘(B) have had at least 10 years of federally recognized 

commissioned service in the National Guard and significant 

joint duty experience, as determined by the Chairman; and 

‘‘(C) are in a grade above the grade of colonel. 

‘‘(2) The Assistant to the Chairman of the Joint Chiefs of 

Staff for Reserve Matters shall be selected by the Chairman from 

officers of the Army Reserve, the Navy Reserve, the Marine Corps 

Reserve, or the Air Force Reserve who— 

‘‘(A) are recommended for such selection by the Secretary 

of the military department concerned; 

‘‘(B) have had at least 10 years of commissioned service 

in their reserve component and significant joint duty experience, as determined by the Chairman; and 

‘‘(C) are in a grade above the grade of colonel or, in the 

case of the Navy Reserve, captain. 

‘‘(c) TERM OF OFFICE.—Each Assistant to the Chairman of the 

Joint Chiefs of Staff under subsection (a) serves at the pleasure 

10 USC 155a. 

10 USC 

prec. 8031. 


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126 STAT. 1718 PUBLIC LAW 112–239—JAN. 2, 2013 

of the Chairman for a term of two years and may be continued 

in that assignment in the same manner for one additional term. 

However, in time of war there is no limit on the number of terms. 

‘‘(d) GRADE.—Each Assistant to the Chairman of the Joint 

Chiefs of Staff under subsection (a), while so serving, holds the 

grade of major general or, in the case of the Navy Reserve, rear 

admiral. Each such officer shall be considered to be serving in 

a position covered by the limited exclusion from the authorized 

strength of general officers and flag officers on active duty provided 

by section 526(b) of this title. 

‘‘(e) DUTIES.—(1) The Assistant to the Chairman of the Joint 

Chiefs of Staff for National Guard Matters is an adviser to the 

Chairman on matters relating to the National Guard and performs 

the duties prescribed for that position by the Chairman. 

‘‘(2) The Assistant to the Chairman of the Joint Chiefs of 

Staff for Reserve Matters is an adviser to the Chairman on matters 

relating to the reserves and performs the duties prescribed for 

that position by the Chairman. 

‘‘(f) OTHER RESERVE COMPONENT REPRESENTATION ON JOINT

STAFF.—The Secretary of Defense, in consultation with the Chairman of the Joint Chiefs of Staff, shall develop appropriate policy 

guidance to ensure that, to the maximum extent practicable, the 

level of representation of reserve component officers on the Joint 

Staff is commensurate with the significant role of the reserve components within the armed forces.’’. 

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by inserting after the item related 

to section 155 the following new item: 

‘‘155a. Assistants to the Chairman of the Joint Chiefs of Staff for National Guard 

matters and Reserve matters.’’. 

(c) REPEAL OF SUPERSEDED LAW.—Section 901 of the National 

Defense Authorization Act for Fiscal Year 1998 (Public Law 105– 

85; 10 U.S.C. 155 note) is repealed. 

SEC. 512. AUTOMATIC FEDERAL RECOGNITION OF PROMOTION OF 

CERTAIN NATIONAL GUARD WARRANT OFFICERS. 

Section 310(a) of title 32, United States Code, is amended— 

(1) by inserting ‘‘(1)’’ before ‘‘Notwithstanding’’; and 

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

‘‘(2) Notwithstanding sections 307 and 309 of this title, if a 

warrant officer, W–1, of the National Guard is promoted to the 

grade of chief warrant officer, W–2, to fill a vacancy in a federally 

recognized unit in the National Guard, Federal recognition is automatically extended to that officer in the grade of chief warrant 

officer, W–2, effective as of the date on which that officer has 

completed the service in the grade prescribed by the Secretary 

concerned under section 12242 of title 10, if the warrant officer 

has remained in an active status since the warrant officer was 

so recommended.’’. 

SEC. 513. AVAILABILITY OF TRANSITION ASSISTANCE ADVISORS TO 

ASSIST MEMBERS OF RESERVE COMPONENTS WHO SERVE 

ON ACTIVE DUTY FOR MORE THAN 180 CONSECUTIVE 

DAYS. 

(a) TRANSITION ASSISTANCE ADVISOR PROGRAM AUTHORIZED.— The Chief of the National Guard Bureau may establish a program 

to provide professionals (to be known as Transition Assistance 

10 USC 12681. 

10 USC 

prec. 151. 


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PUBLIC LAW 112–239—JAN. 2, 2013 126 STAT. 1719 

Advisors) in each State to serve as points of contact to assist 

eligible members of the reserve components in accessing benefits 

and health care furnished under laws administered by the Secretary 

of Defense and benefits and health care furnished under laws 

administered by the Secretary of Veterans Affairs. 

(b) ELIGIBLE MEMBERS.—To be eligible for assistance under 

this section, a member of a reserve component must have served 

on active duty in the Armed Forces for a period of more than 

180 consecutive days. 

(c) DUTIES.—The duties of a Transition Assistance Advisor 

include the following: 

(1) To assist with the creation and execution of an individual transition plan for an eligible member of a reserve 

component and dependents of the member for the reintegration 

of the member into civilian life. 

(2) To provide employment support services to the member 

and dependents of the member, including assistance with 

finding employment opportunities and identifying and obtaining 

assistance from programs within and outside of the Federal 

Government. 

(3) To provide information on relocation, health care, 

mental health care, and financial support services available 

to the member and dependents of the member from the Department of Defense, the Department of Veterans Affairs, and other 

Federal, State, and local agencies. 

(4) To provide information on educational support services 

available to the member, including Post-9/11 Educational 

Assistance under chapter 33 of title 38, United States Code. 

(d) TRANSITION PLANS.—The individual transition plan referred 

to in subsection (c)(1) created for an eligible member of a reserve 

component shall include at a minimum the following: 

(1) A plan for the transition of the member to civilian 

life, including with respect to employment, education, and 

health care. 

(2) A description of the transition services that the member 

and dependents of the member will need to achieve their transition objectives, including information on any forms that the 

member will need to fill out to be eligible for such services. 

(3) A point of contact for each agency or entity that can 

provide the transition services described in paragraph (2). 

(4) Such other information determined to be essential for 

the transition of the member, as determined by the Chief 

of the National Guard Bureau in consultation with the Secretary of Defense and the Secretary of Veterans Affairs. 

(e) FUNDING.—Funding for Transition Assistance Advisors for 

a fiscal year shall be derived from amounts authorized to be appropriated for operation and maintenance for the National Guard 

for that fiscal year. 

(f) STATE DEFINED.—In this section, the term ‘‘State’’ means 

each of the several States of the United States, the District of 

Columbia, and any territory of the United States. 


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126 STAT. 1720 PUBLIC LAW 112–239—JAN. 2, 2013 

Subtitle C—General Service Authorities 

SEC. 518. AUTHORITY FOR ADDITIONAL BEHAVIORAL HEALTH 

PROFESSIONALS TO CONDUCT PRE-SEPARATION MEDICAL 

EXAMS FOR POST-TRAUMATIC STRESS DISORDER. 

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

(1) in paragraph (1), by striking ‘‘or psychiatrist’’ and 

inserting ‘‘psychiatrist, licensed clinical social worker, or psychiatric advanced practice registered nurse’’; and 

(2) in paragraph (3), by striking ‘‘or psychiatrist’’ and 

inserting ‘‘, psychiatrist, licensed clinical social worker, or psychiatric advanced practice registered nurse’’. 

SEC. 519. DIVERSITY IN THE ARMED FORCES AND RELATED 

REPORTING REQUIREMENTS. 

(a) PLAN TO ACHIEVE MILITARY LEADERSHIP REFLECTING DIVER- SITY OF UNITED STATES POPULATION.— (1) IN GENERAL.—Chapter 37 of title 10, United States 

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

section: 

‘‘§ 656. Diversity in military leadership: plan 

‘‘(a) PLAN.—The Secretary of Defense (and the Secretary of 

Homeland Security in the case of the Coast Guard when it is 

not operating as a service in the Department of the Navy) shall 

develop and implement a plan to accurately measure the efforts 

of the Department of Defense and the Coast Guard to achieve 

a dynamic, sustainable level of members of the armed forces 

(including reserve components) that, among both commissioned officers and senior enlisted personnel of each armed force, will reflect 

the diverse population of the United States eligible to serve in 

the armed forces, including gender specific, racial, and ethnic populations. Any metric established pursuant to this subsection may 

not be used in a manner that undermines the merit-based processes 

of the Department of Defense and the Coast Guard, including 

such processes for accession, retention, and promotion. Such metrics 

may not be combined with the identification of specific quotas 

based upon diversity characteristics. The Secretary concerned shall 

continue to account for diversified language and cultural skills 

among the total force of the armed forces. 

‘‘(b) METRICS TO MEASURE PROGRESS IN DEVELOPING AND

IMPLEMENTING PLAN.—In developing and implementing the plan 

under subsection (a), the Secretary of Defense and the Secretary 

of Homeland Security shall develop a standard set of metrics and 

collection procedures that are uniform across the armed forces. 

The metrics required by this subsection shall be designed— 

‘‘(1) to accurately capture the inclusion and capability 

aspects of the armed forces’ broader diversity plans, including 

race, ethnic, and gender specific groups, as potential factors 

of force readiness that would supplement continued accounting 

by the Department of Defense and the Coast Guard of diversified language and cultural skills among the total force as part 

of the assessment of current and future national security needs; 

and 

‘‘(2) to be verifiable and systematically linked to strategic 

plans that will drive improvements. 

Procedures. 

10 USC 656. 


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PUBLIC LAW 112–239—JAN. 2, 2013 126 STAT. 1721 

‘‘(c) DEFINITION OF DIVERSITY.—In developing and implementing the plan under subsection (a), the Secretary of Defense 

and the Secretary of Homeland Security shall develop a uniform 

definition of diversity. 

‘‘(d) CONSULTATION.—Not less than annually, the Secretary of 

Defense and the Secretary of Homeland Security shall meet with 

the Secretaries of the military departments, the Joint Chiefs of 

Staff, the Commandant of the Coast Guard, and senior enlisted 

members of the armed forces to discuss the progress being made 

toward developing and implementing the plan established under 

subsection (a). 

‘‘(e) COOPERATION WITH STATES.—The Secretary of Defense 

shall coordinate with the National Guard Bureau and States in 

tracking the progress of the National Guard toward developing 

and implementing the plan established under subsection (a).’’. 

(2) CLERICAL AMENDMENT.—The table of sections at the 

beginning of such chapter is amended by adding at the end 

the following new item: 

‘‘656. Diversity in military leadership: plan.’’. 

(b) INCLUSION IN DOD MANPOWER REQUIREMENTS REPORT.— 

Section 115a of such title is amended by inserting after subsection 

(f) the following new subsection: 

‘‘(g) In each report submitted under subsection (a) during fiscal 

years 2013 through 2017, the Secretary shall also include a detailed 

discussion of the following: 

‘‘(1) The progress made in implementing the plan required 

by section 656 of this title to accurately measure the efforts 

of the Department to reflect the diverse population of the 

United States eligible to serve in the armed forces. 

‘‘(2) The number of members of the armed forces, including 

reserve components, listed by gender and race or ethnicity 

for each rank under each military department. 

‘‘(3) The number of members of the armed forces, including 

reserve components, who were promoted during the year covered by the report, listed by gender and race or ethnicity 

for each rank under each military department. 

‘‘(4) The number of members of the armed forces, including 

reserve components, who reenlisted or otherwise extended the 

commitment to military service during the year covered by 

the report, listed by gender and race or ethnicity for each 

rank under each military department. 

‘‘(5) The available pool of qualified candidates for the general officer grades of general and lieutenant general and the 

flag officer grades of admiral and vice admiral.’’. 

(c) COAST GUARD REPORT.— 

(1) ANNUAL REPORT REQUIRED.—The Secretary of Homeland 

Security (or the Secretary of the Navy in the event the Coast 

Guard is operating as a service in the Department of the 

Navy) shall prepare an annual report addressing diversity 

among commissioned officers of the Coast Guard and Coast 

Guard Reserve and among enlisted personnel of the Coast 

Guard and Coast Guard Reserve. The report shall include— 

(A) an assessment of the available pool of qualified 

candidates for the flag officer grades of admiral and vice 

admiral; 

10 USC 

prec. 651. 


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(B) the number of such officers and personnel, listed 

by gender and race or ethnicity for each rank; 

(C) the number of such officers and personnel who 

were promoted during the year covered by the report, listed 

by gender and race or ethnicity for each rank; and 

(D) the number of such officers and personnel who 

reenlisted or otherwise extended the commitment to the 

Coast Guard during the year covered by the report, listed 

by gender and race or ethnicity for each rank. 

(2) SUBMISSION.—The report under paragraph (1) shall be 

submitted during each of fiscal years 2013 through 2017 not 

later than 45 days after the date on which the President submits to Congress the budget for the next fiscal year under 

section 1105 of title 31, United States Code. Each report shall 

be submitted to the Committee on Armed Services, the Committee on Transportation and Infrastructure, and the Committee on Homeland Security of the House of Representatives, 

and the Committee on Armed Services and the Committee 

on Commerce, Science, and Transportation of the Senate. 

SEC. 520. LIMITATION ON REDUCTION IN NUMBER OF MILITARY AND 

CIVILIAN PERSONNEL ASSIGNED TO DUTY WITH SERVICE 

REVIEW AGENCIES. 

Section 1559(a) of title 10, United States Code, is amended 

by striking ‘‘December 31, 2013’’ and inserting ‘‘December 31, 2016’’. 

SEC. 521. EXTENSION OF TEMPORARY INCREASE IN ACCUMULATED 

LEAVE CARRYOVER FOR MEMBERS OF THE ARMED 

FORCES. 

Section 701(d) of title 10, United States Code, is amended 

by striking ‘‘September 30, 2013’’ and inserting ‘‘September 30, 

2015’’. 

SEC. 522. MODIFICATION OF AUTHORITY TO CONDUCT PROGRAMS ON 

CAREER FLEXIBILITY TO ENHANCE RETENTION OF MEMBERS OF THE ARMED FORCES. 

(a) EXTENSION OF PROGRAMS TO CERTAIN ACTIVE GUARD AND

RESERVE PERSONNEL.—Section 533 of Duncan Hunter National 

Defense Authorization Act for Fiscal Year 2009 (10 U.S.C. prec. 

701 note) is amended— 

(1) in subsection (a)(1), by inserting ‘‘and members on active 

Guard and Reserve duty’’ after ‘‘officers and enlisted members 

of the regular components’’; 

(2) by redesignating subsection (l) as subsection (m); and 

(3) by inserting after subsection (k) the following new subsection (l): 

‘‘(l) DEFINITION.—In this section, the term ‘active Guard and 

Reserve duty’ has the meaning given that term in section 101(d)(6) 

of title 10, United States Code.’’. 

(b) AUTHORITY TO CARRY FORWARD UNUSED ACCRUED LEAVE.— 

Subsection (h) of such section is amended by adding at the end 

the following new paragraph: 

‘‘(5) LEAVE.—A member who participates in a pilot program 

is entitled to carry forward the leave balance existing as of 

the day on which the member begins participation and accumulated in accordance with section 701 of title 10, United States 

Code, but not to exceed 60 days.’’. 


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PUBLIC LAW 112–239—JAN. 2, 2013 126 STAT. 1723 

(c) AUTHORITY FOR DISABILITY PROCESSING.—Subsection (j) of 

such section is amended— 

(1) in the subsection heading, by striking ‘‘MEDICAL AND

DENTAL CARE’’ and inserting ‘‘CONTINUED ENTITLEMENTS’’; 

(2) by striking ‘‘for purposes of the entitlement’’ and 

inserting ‘‘for purposes of— 

‘‘(1) the entitlement’’; 

(3) by striking the period at the end and inserting ‘‘; and’’; 

and 

(4) by adding at the end the following new paragraph: 

‘‘(2) retirement or separation for physical disability under 

the provisions of chapters 55 and 61 of title 10, United States 

Code.’’. 

SEC. 523. PROHIBITION ON WAIVER FOR COMMISSIONING OR ENLISTMENT IN THE ARMED FORCES FOR ANY INDIVIDUAL CONVICTED OF A FELONY SEXUAL OFFENSE. 

An individual may not be provided a waiver for commissioning 

or enlistment in the Armed Forces if the individual has been convicted under Federal or State law of a felony offense of any of 

the following: 

(1) Rape. 

(2) Sexual abuse. 

(3) Sexual assault. 

(4) Incest. 

(5) Any other sexual offense. 

SEC. 524. QUALITY REVIEW OF MEDICAL EVALUATION BOARDS, PHYSICAL EVALUATION BOARDS, AND PHYSICAL EVALUATION 

BOARD LIAISON OFFICERS. 

(a) IN GENERAL.—The Secretary of Defense shall standardize, 

assess, and monitor the quality assurance programs of the military 

departments to evaluate the following in the performance of their 

duties (including duties under chapter 61 of title 10, United States 

Code): 

(1) Medical Evaluation Boards. 

(2) Physical Evaluation Boards. 

(3) Physical Evaluation Board Liaison Officers. 

(b) OBJECTIVES.—The objectives of the quality assurance program shall be as follows: 

(1) To ensure accuracy and consistency in the determinations and decisions of Medical Evaluation Boards and Physical 

Evaluation Boards. 

(2) To otherwise monitor and sustain proper performance 

of the duties of Medical Evaluation Boards and Physical Evaluation Boards, and of Physical Evaluation Board Liaison Officers. 

(3) Such other objectives as the Secretary shall specify 

for purposes of the quality assurance program. 

(c) REPORTS.— 

(1) REPORT ON IMPLEMENTATION.—Not later than 180 days 

after the date of the enactment of this Act, the Secretary 

shall submit to the appropriate committees of Congress a report 

setting forth the plan of the Secretary for the implementation 

of the requirements of this section. 

(2) ANNUAL REPORTS.—Not later than one year after the 

date of the submittal of the report required by paragraph 

(1), and annually thereafter for the next four years, the Secretary shall submit to the appropriate committees of Congress 

10 USC 1222 

note. 

10 USC 504 note. 


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126 STAT. 1724 PUBLIC LAW 112–239—JAN. 2, 2013 

a report setting forth an assessment of the implementation 

of the requirements of this section during the one-year period 

ending on the date of the report under this paragraph. Each 

report shall include, in particular, an assessment of the extent 

to which the quality assurance program under the requirements 

of this section meets the objectives specified in subsection (b). 

(3) APPROPRIATE COMMITTEES OF CONGRESS DEFINED.—In 

this subsection, the term ‘‘appropriate committees of Congress’’ 

means— 

(A) the Committee on Armed Services and the Committee on Veterans’ Affairs of the Senate; and 

(B) the Committee on Armed Services and the Committee on Veterans’ Affairs of the House of Representatives. 

SEC. 525. REPORTS ON INVOLUNTARY SEPARATION OF MEMBERS OF 

THE ARMED FORCES. 

(a) PERIODIC REPORTS REQUIRED.—Not later than 30 days after 

the end of each half-year period during calendar years 2013 and 

2014, the Secretary of each military department shall submit to 

the Committees on Armed Services of the Senate and the House 

of Representatives a report on the number of members of the 

regular components of the Armed Forces under the jurisdiction 

of such Secretary who were involuntarily separated from active 

duty in the Armed Forces (for reasons other than for cause) to 

meet force reduction requirements during the six-month period 

covered by the report. 

(b) ELEMENTS.—Each report on an Armed Force under subsection (a) shall set forth the following for the period covered 

by the report: 

(1) The total number members of that Armed Force involuntarily separated from active duty in the Armed Forces (for 

reasons other than for cause) to meet force reduction requirements. 

(2) The number of members covered by paragraph (1) separately set forth by grade, by total years of service in the 

Armed Forces at the time of separation, and by military occupational specialty or rating (or competitive category in the case 

of officers). 

(3) The number of members covered by paragraph (1) who 

received involuntary separation pay, or who are authorized 

to receive temporary retired pay, in connection with the separation. 

(4) The number of members covered by paragraph (1) who 

completed transition assistance programs relating to future 

employment. 

(5) The average number of months members covered by 

paragraph (1) were deployed to overseas contingency operations, 

separately set forth by grade. 

SEC. 526. REPORT ON FEASIBILITY OF DEVELOPING GENDER-NEUTRAL 

OCCUPATIONAL STANDARDS FOR MILITARY OCCUPATIONAL SPECIALTIES CURRENTLY CLOSED TO WOMEN. 

Not later than 60 days after the date of the enactment of 

this Act, the Secretary of Defense shall submit to the congressional 

defense committees a report evaluating the feasibility of incorporating gender-neutral occupational standards for military occupational specialties closed, as of the date of the enactment of this 

Act, to female members of the Armed Forces. 


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PUBLIC LAW 112–239—JAN. 2, 2013 126 STAT. 1725 

SEC. 527. REPORT ON EDUCATION AND TRAINING AND PROMOTION 

RATES FOR PILOTS OF REMOTELY PILOTED AIRCRAFT. 

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

of the enactment of this Act, the Secretary of the Air Force and 

the Chief of Staff of the Air Force shall jointly submit to the 

congressional defense committees a report on education and training 

and promotion rates for Air Force pilots of remotely piloted aircraft 

(RPA). 

(b) ELEMENTS.—The report required by subsection (a) shall 

include the following: 

(1) A detailed analysis of the reasons for persistently lower 

average education and training and promotion rates for Air 

Force pilots of remotely piloted aircraft. 

(2) An assessment of the long-term impact on the Air 

Force of the sustainment of such lower rates. 

(3) A plan to raise such rates, including— 

(A) a description of the near-term and longer-term 

actions the Air Force intends to undertake to implement 

the plan; and 

(B) an analysis of the potential direct and indirect 

impacts of the plan on the achievement and sustainment 

of the combat air patrol objectives of the Air Force for 

remotely piloted aircraft. 

SEC. 528. IMPACT OF NUMBERS OF MEMBERS WITHIN THE 

INTEGRATED DISABILITY EVALUATION SYSTEM ON READINESS OF ARMED FORCES TO MEET MISSION REQUIREMENTS. 

(a) ANNUAL IMPACT STATEMENT.—In the materials submitted 

to Congress in support of the budget for the Department of Defense 

for each of fiscal years 2014 through 2018, the Secretary of each 

military department shall include a statement concerning the extent 

to which the number of members of an Armed Force under the 

jurisdiction of the Secretary who are within the Integrated Disability Evaluation System impacts— 

(1) the readiness of that Armed Force to meet on-going 

mission requirements; and 

(2) dwell time for other members of that Armed Force. 

(b) RESPONSE PLAN.—If the statement of the Secretary of a 

military department under subsection (a) for a fiscal year concludes 

that an adverse impact on readiness or dwell time of an Armed 

Force is occurring, the Secretary shall include with the budget 

materials a plan describing how the Armed Force will mitigate 

the impact. 

Subtitle D—Military Justice and Legal 

Matters 

SEC. 531. CLARIFICATION AND ENHANCEMENT OF THE ROLE OF STAFF 

JUDGE ADVOCATE TO THE COMMANDANT OF THE MARINE 

CORPS. 

(a) APPOINTMENT BY THE PRESIDENT AND PERMANENT APPOINT- MENT TO GRADE OF MAJOR GENERAL.—Subsection (a) of section 

5046 of title 10, United States Code, is amended— 


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

‘‘appointed by the President, by and with the advice and consent 

of the Senate,’’; and 

(2) by striking the second sentence and inserting the following new sentence: ‘‘If the officer to be appointed as the 

Staff Judge Advocate to the Commandant of the Marine Corps 

holds a grade lower than the grade of major general immediately before the appointment, the officer shall be appointed 

in the grade of major general.’’. 

(b) DUTIES, AUTHORITY, AND ACCOUNTABILITY.—Such section 

is further amended— 

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

(2) by inserting after subsection (b) the following new subsection (c): 

‘‘(c) The Staff Judge Advocate to the Commandant of the Marine 

Corps, under the direction of the Commandant of the Marine Corps 

and the Secretary of the Navy, shall— 

‘‘(1) perform such duties relating to legal matters arising 

in the Marine Corps as may be assigned to the Staff Judge 

Advocate; 

‘‘(2) perform the functions and duties, and exercise the 

powers, prescribed for the Staff Judge Advocate to the Commandant of the Marine Corps in chapter 47 (the Uniform 

Code of Military Justice) and chapter 53 of this title; and 

‘‘(3) perform such other duties as may be assigned to the 

Staff Judge Advocate.’’. 

(c) COMPOSITION OF HEADQUARTERS, MARINE CORPS.—Section 

5041(b) of such title is amended— 

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

(5) and (6), respectively; and 

(2) by inserting after paragraph (3) the following new paragraph (4): 

‘‘(4) The Staff Judge Advocate to the Commandant of the 

Marine Corps.’’. 

(d) SUPERVISION OF CERTAIN LEGAL SERVICES.— 

(1) ADMINISTRATION OF MILITARY JUSTICE.—Section 806(a) 

of such title (article 6(a) of the Uniform Code of Military Justice) 

is amended in the third sentence by striking ‘‘The Judge Advocate General’’ and all that follows through ‘‘shall’’ and inserting 

‘‘The Judge Advocates General, and within the Marine Corps 

the Staff Judge Advocate to the Commandant of the Marine 

Corps, or senior members of their staffs, shall’’. 

(2) DELIVERY OF LEGAL ASSISTANCE.—Section 1044(b) of 

such title is amended by inserting ‘‘, and within the Marine 

Corps the Staff Judge Advocate to the Commandant of the 

Marine Corps,’’ after ‘‘jurisdiction of the Secretary’’. 

SEC. 532. ADDITIONAL INFORMATION IN REPORTS ON ANNUAL SURVEYS OF THE COMMITTEE ON THE UNIFORM CODE OF 

MILITARY JUSTICE. 

Subsection (c)(2) of section 946 of title 10, United States Code 

(article 146 of the Uniform Code of Military Justice), is amended— 

(1) by redesignating subparagraph (B) as subparagraph 

(C); and 

(2) by inserting after subparagraph (A) the following new 

subparagraph (B): 


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‘‘(B) Information from the Judge Advocates General and 

the Staff Judge Advocate to the Commandant of the Marine 

Corps on the following: 

‘‘(i) The appellate review process, including— 

‘‘(I) information on compliance with processing 

time goals; 

‘‘(II) discussions of the circumstances surrounding 

cases in which general court-martial or special courtmartial convictions are reversed as a result of command influence or denial of the right to a speedy 

review or otherwise remitted due to loss of records 

of trial or other administrative deficiencies; and 

‘‘(III) discussions of cases in which a provision 

of this chapter is held unconstitutional. 

‘‘(ii) Measures implemented by each armed force to 

ensure the ability of judge advocates to competently participate as trial and defense counsel in, and preside as military 

judges over, capital cases, national security cases, sexual 

assault cases, and proceedings of military commissions. 

‘‘(iii) The independent views of the Judge Advocates 

General and the Staff Judge Advocate to the Commandant 

of the Marine Corps on the sufficiency of resources available 

within their respective armed forces, including total 

workforce, funding, training, and officer and enlisted grade 

structure, to capably perform military justice functions.’’. 

SEC. 533. PROTECTION OF RIGHTS OF CONSCIENCE OF MEMBERS OF 

THE ARMED FORCES AND CHAPLAINS OF SUCH MEMBERS. 

(a) PROTECTION OF RIGHTS OF CONSCIENCE.— (1) ACCOMMODATION.—The Armed Forces shall accommodate the beliefs of a member of the armed forces reflecting 

the conscience, moral principles, or religious beliefs of the 

member and, in so far as practicable, may not use such beliefs 

as the basis of any adverse personnel action, discrimination, 

or denial of promotion, schooling, training, or assignment. 

(2) DISCIPLINARY OR ADMINISTRATIVE ACTION.—Nothing in 

paragraph (1) precludes disciplinary or administrative action 

for conduct that is proscribed by chapter 47 of title 10, United 

States Code (the Uniform Code of Military Justice), including 

actions and speech that threaten good order and discipline. 

(b) PROTECTION OF CHAPLAIN DECISIONS RELATING TO CON- SCIENCE, MORAL PRINCIPLES, OR RELIGIOUS BELIEFS.—No member 

of the Armed Forces may— 

(1) require a chaplain to perform any rite, ritual, or ceremony that is contrary to the conscience, moral principles, or 

religious beliefs of the chaplain; or 

(2) discriminate or take any adverse personnel action 

against a chaplain, including denial of promotion, schooling, 

training, or assignment, on the basis of the refusal by the 

chaplain to comply with a requirement prohibited by paragraph 

(1). 

(c) REGULATIONS.—The Secretary of Defense shall issue regulations implementing the protections afforded by this section. 

SEC. 534. REPORTS ON HAZING IN THE ARMED FORCES. 

(a) REPORTS REQUIRED.—Not later than 180 days after the 

date of the enactment of this Act, each Secretary of a military 

department (and the Secretary of Homeland Security in the case 

10 USC 

prec. 1030 note. 


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of the Coast Guard) shall submit to the congressional committees 

specified in subsection (c) a report on hazing in each Armed Force 

under the jurisdiction of the Secretary. 

(b) ELEMENTS.—The report on an Armed Force required by 

subsection (a) shall include the following: 

(1) An evaluation of the definition of hazing contained 

in the Secretary of Defense Policy Memorandum dated August 

28, 1997. 

(2) A discussion of the policies of the Armed Force for 

preventing and responding to incidents of hazing. 

(3) A description of the methods implemented to track 

and report, including report anonymously, incidents of hazing 

in the Armed Force. 

(4) An assessment by the Secretary submitting the report 

of the following: 

(A) The scope of the problem of hazing in the Armed 

Force. 

(B) The training on recognizing and preventing hazing 

provided members of the Armed Force. 

(C) The actions taken to prevent and respond to hazing 

incidents in the Armed Force. 

(D) The extent to which the Uniform Code of Military 

Justice specifically addresses the prosecution of persons 

subject to the Code who are alleged to have committed 

hazing. 

(E) The feasibility of establishing a database to track, 

respond to, and resolve incidents of hazing. 

(5) A description of the additional actions, if any, the Secretary submitting the report proposes to take to further address 

the incidence of hazing in the Armed Force. 

(6) Any recommended changes to the Uniform Code of 

Military Justice or the Manual for Courts-Martial to improve 

the prosecution of persons alleged to have committed hazing 

in the Armed Forces. 

(c) SUBMISSION OF REPORTS.—The reports required by subsection (a) shall be submitted— 

(1) to the Committee on Armed Services and the Committee 

on Commerce, Science, and Transportation of the Senate; and 

(2) to the Committee on Armed Services and the Committee 

on Transportation and Infrastructure of the House of Representatives. 

Subtitle E—Member Education and Training Opportunities and Administration 

SEC. 541. TRANSFER OF TROOPS-TO-TEACHERS PROGRAM FROM 

DEPARTMENT OF EDUCATION TO DEPARTMENT OF 

DEFENSE AND ENHANCEMENTS TO THE PROGRAM. 

(a) TRANSFER OF FUNCTIONS.— (1) TRANSFER.—The responsibility and authority for operation and administration of the Troops-to-Teachers Program 

in chapter A of subpart 1 of part C of title II of the Elementary 

and Secondary Education Act of 1965 (20 U.S.C. 6671 et seq.) 

is transferred from the Secretary of Education to the Secretary 

of Defense. 

10 USC 1154 

note. 


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PUBLIC LAW 112–239—JAN. 2, 2013 126 STAT. 1729 

(2) MEMORANDUM OF AGREEMENT.—In connection with the 

transfer of responsibility and authority for operation and 

administration of the Troops-to-Teachers Program from the 

Secretary of Education to the Secretary of Defense under paragraph (1), the Secretaries shall enter into a memorandum of 

agreement pursuant to which the Secretary of Education will 

undertake the following: 

(A) Disseminate information about the Troops-toTeachers Program to eligible schools (as defined in subsection (a) of section 1154 of title 10, United States Code, 

as added by subsection (b)). 

(B) Advise the Department of Defense on how to prepare eligible members of the Armed Forces described in 

subsection (d) of such section 1154 to become participants 

in the Program, to meet the requirements necessary to 

become a teacher in a school described in subsection (b)(2) 

of such section 1154, and to find post-service employment 

in an eligible school. 

(C) Advise the Department of Defense on how to identify teacher preparation programs for participants in the 

Program. 

(D) Inform the Department of Defense of academic 

subject areas with critical teacher shortages. 

(E) Identify geographic areas with critical teacher 

shortages, especially in high-need schools (as defined in 

subsection (a) of such section 1154). 

(3) EFFECTIVE DATE.—The transfer of responsibility and 

authority for operation and administration of the Troops-toTeachers Program under paragraph (1) shall take effect— 

(A) on the first day of the first month beginning more 

than 90 days after the date of the enactment of this Act; 

or 

(B) on such earlier date as the Secretary of Education 

and the Secretary of Defense may jointly provide. 

(b) ENACTMENT OF PROGRAM AUTHORITY IN TITLE 10, UNITED

STATES CODE.— 

(1) IN GENERAL.—Chapter 58 of title 10, United States 

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

section: 

‘‘§ 1154. Assistance to eligible members and former members 

to obtain employment as teachers: Troops-toTeachers Program 

‘‘(a) DEFINITIONS.—In this section: 

‘‘(1) CHARTER SCHOOL.—The term ‘charter school’ has the 

meaning given that term in section 5210(1) of the Elementary 

and Secondary Education Act of 1965 (20 U.S.C. 7221i(1)). 

‘‘(2) ELIGIBLE SCHOOL.—The term ‘eligible school’ means— 

‘‘(A) a public school, including a charter school, at 

which— 

‘‘(i) at least 30 percent of the students enrolled 

in the school are from families with incomes below 

185 percent of poverty level (as defined by the Office 

of Management and Budget and revised at least 

annually in accordance with section 9(b)(1) of the 

Richard B. Russell National School Lunch Act (42 

10 USC 1154. 


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U.S.C. 1758(b)(1)) applicable to a family of the size 

involved; or 

‘‘(ii) at least 13 percent of the students enrolled 

in the school qualify for assistance under part B of 

the Individuals with Disabilities Education Act (20 

U.S.C.1411 et seq.); or 

‘‘(B) a Bureau-funded school as defined in section 

1141(3) of the Education Amendments of 1978 (25 U.S.C. 

2021(3)). 

‘‘(3) HIGH-NEED SCHOOL.—The term ‘high-need school’ 

means— 

‘‘(A) an elementary or middle school in which at least 

50 percent of the enrolled students are children from lowincome families, based on the number of children eligible 

for free and reduced priced lunches under the Richard 

B. Russell National School Lunch Act (42 U.S.C. 1751 

et seq.), the number of children in families receiving assistance under the State program funded under part A of 

title IV of the Social Security Act (42 U.S.C. 601 et seq.), 

the number of children eligible to receive medical assistance 

under the Medicaid program, or a composite of these indicators; 

‘‘(B) a high school in which at least 40 percent of 

enrolled students are children from low-income families, 

which may be calculated using comparable data from feeder 

schools; or 

‘‘(C) a school that is in a local educational agency 

that is eligible under section 6211(b) of the Elementary 

and Secondary Education Act of 1965 (20 U.S.C. 7345(b)). 

‘‘(4) MEMBER OF THE ARMED FORCES.—The term ‘member 

of the armed forces’ includes a retired or former member of 

the armed forces. 

‘‘(5) PARTICIPANT.—The term ‘participant’ means an eligible 

member of the armed forces selected to participate in the Program. 

‘‘(6) PROGRAM.—The term ‘Program’ means the Troops-toTeachers Program authorized by this section. 

‘‘(7) SECRETARY.—The term ‘Secretary’ means the Secretary 

of Defense. 

‘‘(8) ADDITIONAL TERMS.—The terms ‘elementary school’, 

‘local educational agency’, ‘secondary school’, and ‘State’ have 

the meanings given those terms in section 9101 of the 

Elementary and Secondary Education Act of 1965 (20 U.S.C. 

7801). 

‘‘(b) PROGRAM AUTHORIZATION.—The Secretary of Defense may 

carry out a Troops-to-Teachers Program— 

‘‘(1) to assist eligible members of the armed forces described 

in subsection (d) to meet the requirements necessary to become 

a teacher in a school described in paragraph (2); and 

‘‘(2) to facilitate the employment of such members— 

‘‘(A) by local educational agencies or charter schools 

that the Secretary of Education identifies as— 

‘‘(i) receiving grants under part A of title I of 

the Elementary and Secondary Education Act of 1965 

(20 U.S.C. 6301 et seq.) as a result of having within 

their jurisdictions concentrations of children from lowincome families; or 


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‘‘(ii) experiencing a shortage of teachers, in particular a shortage of science, mathematics, special education, foreign language, or career or technical 

teachers; and 

‘‘(B) in elementary schools or secondary schools, or 

as career or technical teachers. 

‘‘(c) COUNSELING AND REFERRAL SERVICES.—The Secretary may 

provide counseling and referral services to members of the armed 

forces who do not meet the eligibility criteria described in subsection 

(d), including the education qualification requirements under paragraph (3)(B) of such subsection. 

‘‘(d) ELIGIBILITY AND APPLICATION PROCESS.— 

‘‘(1) ELIGIBLE MEMBERS.—The following members of the 

armed forces are eligible for selection to participate in the 

Program: 

‘‘(A) Any member who— 

‘‘(i) on or after October 1, 1999, becomes entitled 

to retired or retainer pay under this title or title 14; 

‘‘(ii) has an approved date of retirement that is 

within one year after the date on which the member 

submits an application to participate in the Program; 

or 

‘‘(iii) has been transferred to the Retired Reserve. 

‘‘(B) Any member who, on or after January 8, 2002— 

‘‘(i)(I) is separated or released from active duty 

after four or more years of continuous active duty 

immediately before the separation or release; or 

‘‘(II) has completed a total of at least six years 

of active duty service, six years of service computed 

under section 12732 of this title, or six years of any 

combination of such service; and 

‘‘(ii) executes a reserve commitment agreement for 

a period of not less than three years under paragraph 

(5)(B). 

‘‘(C) Any member who, on or after January 8, 2002, 

is retired or separated for physical disability under chapter 

61 of this title. 

‘‘(2) SUBMISSION OF APPLICATIONS.—(A) Selection of eligible 

members of the armed forces to participate in the Program 

shall be made on the basis of applications submitted to the 

Secretary within the time periods specified in subparagraph 

(B). An application shall be in such form and contain such 

information as the Secretary may require. 

‘‘(B) In the case of an eligible member of the armed forces 

described in subparagraph (A)(i), (B), or (C) of paragraph (1), 

an application shall be considered to be submitted on a timely 

basis if the application is submitted not later than three years 

after the date on which the member is retired, separated, 

or released from active duty, whichever applies to the member. 

‘‘(3) SELECTION CRITERIA; EDUCATIONAL BACKGROUND

REQUIREMENTS; HONORABLE SERVICE REQUIREMENT.—(A) The 

Secretary shall prescribe the criteria to be used to select eligible 

members of the armed forces to participate in the Program. 

‘‘(B) If a member of the armed forces is applying for the 

Program to receive assistance for placement as an elementary 

school or secondary school teacher, the Secretary shall require 


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the member to have received a baccalaureate or advanced 

degree from an accredited institution of higher education. 

‘‘(C) If a member of the armed forces is applying for the 

Program to receive assistance for placement as a career or 

technical teacher, the Secretary shall require the member— 

‘‘(i) to have received the equivalent of one year of 

college from an accredited institution of higher education 

or the equivalent in military education and training as 

certified by the Department of Defense; or 

‘‘(ii) to otherwise meet the certification or licensing 

requirements for a career or technical teacher in the State 

in which the member seeks assistance for placement under 

the Program. 

‘‘(D) A member of the armed forces is eligible to participate 

in the Program only if the member’s last period of service 

in the armed forces was honorable, as characterized by the 

Secretary concerned. A member selected to participate in the 

Program before the retirement of the member or the separation 

or release of the member from active duty may continue to 

participate in the Program after the retirement, separation, 

or release only if the member’s last period of service is 

characterized as honorable by the Secretary concerned. 

‘‘(4) SELECTION PRIORITIES.—In selecting eligible members 

of the armed forces to receive assistance under the Program, 

the Secretary— 

‘‘(A) shall give priority to members who— 

‘‘(i) have educational or military experience in 

science, mathematics, special education, foreign language, or career or technical subjects; and 

‘‘(ii) agree to seek employment as science, mathematics, foreign language, or special education teachers 

in elementary schools or secondary schools or in other 

schools under the jurisdiction of a local educational 

agency; and 

‘‘(B) may give priority to members who agree to seek 

employment in a high-need school. 

‘‘(5) OTHER CONDITIONS ON SELECTION.—(A) Subject to subsection (i), the Secretary may not select an eligible member 

of the armed forces to participate in the Program and receive 

financial assistance unless the Secretary has sufficient appropriations for the Program available at the time of the selection 

to satisfy the obligations to be incurred by the United States 

under subsection (e) with respect to the member. 

‘‘(B) The Secretary may not select an eligible member of 

the armed forces described in paragraph (1)(B)(i) to participate 

in the Program and receive financial assistance under subsection (e) unless the member executes a written agreement 

to serve as a member of the Selected Reserve of a reserve 

component of the armed forces for a period of not less than 

three years. 

‘‘(e) PARTICIPATION AGREEMENT AND FINANCIAL ASSISTANCE.— 

‘‘(1) PARTICIPATION AGREEMENT.—(A) An eligible member 

of the armed forces selected to participate in the Program 

under subsection (b) and to receive financial assistance under 

this subsection shall be required to enter into an agreement 

with the Secretary in which the member agrees— 


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PUBLIC LAW 112–239—JAN. 2, 2013 126 STAT. 1733 

‘‘(i) within such time as the Secretary may require, 

to meet the requirements necessary to become a teacher 

in a school described in subsection (b)(2); and 

‘‘(ii) to accept an offer of full-time employment as an 

elementary school teacher, secondary school teacher, or 

career or technical teacher for not less than three school 

years in an eligible school to begin the school year after 

obtaining that certification or licensing. 

‘‘(B) The Secretary may waive the three-year commitment 

described in subparagraph (A)(ii) for a participant if the Secretary determines such waiver to be appropriate. If the Secretary provides the waiver, the participant shall not be considered to be in violation of the agreement and shall not be 

required to provide reimbursement under subsection (f), for 

failure to meet the three-year commitment. 

‘‘(2) VIOLATION OF PARTICIPATION AGREEMENT; EXCEPTIONS.—A participant shall not be considered to be in violation 

of the participation agreement entered into under paragraph 

(1) during any period in which the participant— 

‘‘(A) is pursuing a full-time course of study related 

to the field of teaching at an institution of higher education; 

‘‘(B) is serving on active duty as a member of the 

armed forces; 

‘‘(C) is temporarily totally disabled for a period of time 

not to exceed three years as established by sworn affidavit 

of a qualified physician; 

‘‘(D) is unable to secure employment for a period not 

to exceed 12 months by reason of the care required by 

a spouse who is disabled; 

‘‘(E) is unable to find full-time employment as a teacher 

in an eligible elementary school or secondary school or 

as a career or technical teacher for a single period not 

to exceed 27 months; or 

‘‘(F) satisfies the provisions of additional reimbursement exceptions that may be prescribed by the Secretary. 

‘‘(3) STIPEND AND BONUS FOR PARTICIPANTS.—(A) Subject 

to subparagraph (C), the Secretary may pay to a participant 

a stipend to cover expenses incurred by the participant to 

obtain the required educational level, certification, or licensing. 

Such stipend may not exceed $5,000 and may vary by participant. 

‘‘(B)(i) Subject to subparagraph (C), the Secretary may pay 

a bonus to a participant who agrees in the participation agreement under paragraph (1) to accept full-time employment as 

an elementary school teacher, secondary school teacher, or 

career or technical teacher for not less than three school years 

in an eligible school. 

‘‘(ii) The amount of the bonus may not exceed $5,000, 

unless the eligible school is a high-need school, in which case 

the amount of the bonus may not exceed $10,000. Within such 

limits, the bonus may vary by participant and may take into 

account the priority placements as determined by the Secretary. 

‘‘(C)(i) The total number of stipends that may be paid 

under subparagraph (A) in any fiscal year may not exceed 

5,000. 

‘‘(ii) The total number of bonuses that may be paid under 

subparagraph (B) in any fiscal year may not exceed 3,000. 

Waiver authority. 


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126 STAT. 1734 PUBLIC LAW 112–239—JAN. 2, 2013 

‘‘(iii) A participant may not receive a stipend under 

subparagraph (A) if the participant is eligible for benefits under 

chapter 33 of title 38. 

‘‘(iv) The combination of a stipend under subparagraph 

(A) and a bonus under subparagraph (B) for any one participant 

may not exceed $10,000. 

‘‘(4) TREATMENT OF STIPEND AND BONUS.—A stipend or 

bonus paid under this subsection to a participant shall be 

taken into account in determining the eligibility of the participant for Federal student financial assistance provided under 

title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 

et seq.). 

‘‘(f) REIMBURSEMENT UNDER CERTAIN CIRCUMSTANCES.— ‘‘(1) REIMBURSEMENT REQUIRED.—A participant who is paid 

a stipend or bonus under this subsection shall be subject to 

the repayment provisions of section 373 of title 37 under the 

following circumstances: 

‘‘(A) The participant fails to meet the requirements 

necessary to become a teacher in a school described in 

subsection (b)(2) or to obtain employment as an elementary 

school teacher, secondary school teacher, or career or technical teacher as required by the participation agreement 

under subsection (e)(1). 

‘‘(B) The participant voluntarily leaves, or is terminated for cause from, employment as an elementary school 

teacher, secondary school teacher, or career or technical 

teacher during the three years of required service in violation of the participation agreement. 

‘‘(C) The participant executed a written agreement with 

the Secretary concerned under subsection (d)(5)(B) to serve 

as a member of a reserve component of the armed forces 

for a period of three years and fails to complete the required 

term of service. 

‘‘(2) AMOUNT OF REIMBURSEMENT.—A participant required 

to reimburse the Secretary for a stipend or bonus paid to 

the participant under subsection (e) shall pay an amount that 

bears the same ratio to the amount of the stipend or bonus 

as the unserved portion of required service bears to the three 

years of required service. 

‘‘(3) INTEREST.—Any amount owed by a participant under 

this subsection shall bear interest at the rate equal to the 

highest rate being paid by the United States on the day on 

which the reimbursement is determined to be due for securities 

having maturities of 90 days or less and shall accrue from 

the day on which the participant is first notified of the amount 

due. 

‘‘(4) EXCEPTIONS TO REIMBURSEMENT REQUIREMENT.—A 

participant shall be excused from reimbursement under this 

subsection if the participant becomes permanently totally disabled as established by sworn affidavit of a qualified physician. 

The Secretary may also waive the reimbursement in cases 

of extreme hardship to the participant, as determined by the 

Secretary. 

‘‘(g) RELATIONSHIP TO EDUCATIONAL ASSISTANCE UNDER MONTGOMERY GI BILL.—Except as provided in subsection (e)(3)(C)(iii), 

the receipt by a participant of a stipend or bonus under subsection 

(e) shall not reduce or otherwise affect the entitlement of the 

Waiver authority. 


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participant to any benefits under chapter 30 or 33 of title 38 

or chapter 1606 of this title. 

‘‘(h) PARTICIPATION BY STATES.— 

‘‘(1) DISCHARGE OF STATE ACTIVITIES THROUGH CONSORTIA

OF STATES.—The Secretary may permit States participating 

in the Program to carry out activities authorized for such 

States under the Program through one or more consortia of 

such States. 

‘‘(2) ASSISTANCE TO STATES.—(A) Subject to subparagraph 

(B), the Secretary may make grants to States participating 

in the Program, or to consortia of such States, in order to 

permit such States or consortia of States to operate offices 

for purposes of recruiting eligible members of the armed forces 

for participation in the Program and facilitating the employment of participants as elementary school teachers, secondary 

school teachers, and career or technical teachers. 

‘‘(B) The total amount of grants made under subparagraph 

(A) in any fiscal year may not exceed $5,000,000. 

‘‘(i) LIMITATION ON TOTAL FISCAL-YEAR OBLIGATIONS.—The total 

amount obligated by the Secretary under the Program for any 

fiscal year may not exceed $15,000,000.’’. 

(2) CLERICAL AMENDMENT.—The table of sections at the 

beginning of such chapter is amended by adding at the end 

the following new item: 

‘‘1154. Assistance to eligible members and former members to obtain employment 

as teachers: Troops-to-Teachers Program.’’. 

(c) CONFORMING AMENDMENT.—Section 1142(b)(4)(C) of such 

title is amended by striking ‘‘under section 2302’’ and all that 

follows through ‘‘6672)’’. 

(d) TERMINATION OF DEPARTMENT OF EDUCATION TROOPS-TOTEACHERS PROGRAM.— 

(1) TERMINATION.—Subject to paragraph (3), chapter A of 

subpart 1 of part C of title II of the Elementary and Secondary 

Education Act of 1965 (20 U.S.C. 6671 et seq.) is repealed. 

(2) CLERICAL AMENDMENT.—The table of contents in section 

2 of the Elementary and Secondary Education Act of 1965 

is amended by striking the items relating to chapter A of 

subpart 1 of part C of title II of such Act. 

(3) EXISTING AGREEMENTS.—The repeal of chapter A of 

subpart 1 of part C of title II of the Elementary and Secondary 

Education Act of 1965 (20 U.S.C. 6671 et seq.) by paragraph 

(1) shall not affect— 

(A) the validity or terms of any agreement entered 

into under such chapter, as in effect immediately before 

such repeal, before the effective date of the transfer of 

the Troops-to-Teachers Program under subsection (a); or 

(B) the authority to pay assistance, make grants, or 

obtain reimbursement in connection with such an agreement as in effect before the effective date of the transfer 

of the Troops-to-Teachers Program under subsection (a). 

SEC. 542. SUPPORT OF NAVAL ACADEMY ATHLETIC AND PHYSICAL 

FITNESS PROGRAMS. 

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

is amended by adding at the end the following new section: 

20 USC 6671 

note. 

20 USC 

6671–6677. 

10 USC 

prec. 1141. 


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126 STAT. 1736 PUBLIC LAW 112–239—JAN. 2, 2013 

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

‘‘(a) AUTHORITY.— 

‘‘(1) CONTRACTS AND COOPERATIVE AGREEMENTS.—The Secretary of the Navy may enter into contracts and cooperative 

agreements with the Naval Academy Athletic Association for 

the purpose of supporting the athletic and physical fitness 

programs of the Naval Academy. Notwithstanding section 

2304(k) of this title, the Secretary may enter such contracts 

or cooperative agreements on a sole source basis pursuant 

to section 2304(c)(5) of this title. Notwithstanding chapter 63 

of title 31, a cooperative agreement under this section may 

be used to acquire property or services for the direct benefit 

or use of the Naval Academy. 

‘‘(2) LEASES.—The Secretary may enter into leases, in 

accordance with section 2667 of this title, or licenses with 

the Association for the purpose of supporting the athletic and 

physical fitness programs of the Naval Academy. Any such 

lease or license shall be deemed to satisfy the conditions of 

section 2667(h)(2) of this title. 

‘‘(b) USE OF NAVY PERSONAL PROPERTY BY THE ASSOCIATION.— 

The Secretary may allow the Association to use, at no cost, personal 

property of the Department of the Navy to assist the Association 

in supporting the athletic and physical fitness programs of the 

Naval Academy. 

‘‘(c) ACCEPTANCE OF SUPPORT.— 

‘‘(1) SUPPORT RECEIVED FROM THE ASSOCIATION.—Notwithstanding section 1342 of title 31, the Secretary may accept 

from the Association funds, supplies, and services for the support of the athletic and physical fitness programs of the Naval 

Academy. For purposes of this section, employees or personnel 

of the Association may not be considered to be employees of 

the United States. 

‘‘(2) FUNDS RECEIVED FROM NCAA.—The Secretary may 

accept funds from the National Collegiate Athletic Association 

to support the athletic and physical fitness programs of the 

Naval Academy. 

‘‘(3) LIMITATION.—The Secretary shall ensure that contributions under this subsection do not reflect unfavorably on the 

ability of the Department of the Navy, any of its employees, 

or any member of the armed forces to carry out any responsibility or duty in a fair and objective manner, or compromise 

the integrity or appearance of integrity of any program of 

the Department of the Navy, or any individual involved in 

such a program. 

‘‘(d) RETENTION AND USE OF FUNDS.—Notwithstanding section 

2260(d) of this title, funds received under this section may be 

retained for use in support of athletic and physical fitness programs 

of the Naval Academy and shall remain available until expended. 

‘‘(e) TRADEMARKS AND SERVICE MARKS.— 

‘‘(1) LICENSING, MARKETING, AND SPONSORSHIP AGREEMENTS.—An agreement under subsection (a)(1) may, consistent 

with sections 2260 (other than subsection (d)) and 5022(b)(3) 

of this title, authorize the Association to enter into licensing, 

marketing, and sponsorship agreements relating to trademarks 

and service marks identifying the Naval Academy, subject to 

the approval of the Department of the Navy. 

10 USC 6981. 


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PUBLIC LAW 112–239—JAN. 2, 2013 126 STAT. 1737 

‘‘(2) LIMITATIONS.—No such licensing, marketing, or 

sponsorship agreement may be entered into if it would reflect 

unfavorably on the ability of the Department of the Navy, 

any of its employees, or any member of the armed forces to 

carry out any responsibility or duty in a fair and objective 

manner, or if the Secretary determines that the use of the 

trademark or service mark would compromise the integrity 

or appearance of integrity of any program of the Department 

of the Navy, or any individual involved in such a program. 

‘‘(f) SERVICE ON ASSOCIATION BOARD OF CONTROL.—The 

Association is a designated entity for which authorization under 

sections 1033(a) and 1589(a) of this title may be provided. 

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

respect to the Association is available only so long as the Association 

continues to— 

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

501(c)(3) of the Internal Revenue Code of 1986 and operates 

in accordance with this section, the laws of the State of Maryland, and the constitution and bylaws of the Association; and 

‘‘(2) operate exclusively to support the athletic and physical 

fitness programs of the Naval Academy. 

‘‘(h) ASSOCIATION DEFINED.—In this section, the term ‘Association’ means the Naval Academy Athletic Association.’’. 

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by adding at the end the following 

new item: 

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

SEC. 543. EXPANSION OF DEPARTMENT OF DEFENSE PILOT PROGRAM 

ON RECEIPT OF CIVILIAN CREDENTIALING FOR MILITARY 

OCCUPATIONAL SPECIALTY SKILLS. 

(a) EXPANSION OF PROGRAM.—Subsection (b)(1) of section 558 

of the National Defense Authorization Act for Fiscal Year 2012 

(Public Law 112–81; 125 Stat. 1418; 10 U.S.C. 2015 note) is 

amended by striking ‘‘or more than five’’. 

(b) USE OF INDUSTRY-RECOGNIZED CERTIFICATIONS.—Subsection 

(b) of such section is further amended— 

(1) by striking ‘‘and’’ at the end of paragraph (1); 

(2) by redesignating paragraph (2) as paragraph (3); and 

(3) by inserting after paragraph (1) the following new paragraph: 

‘‘(2) consider utilizing industry-recognized certifications or 

licensing standards for civilian occupational skills comparable 

to the specialties or codes so designated; and’’. 

SEC. 544. STATE CONSIDERATION OF MILITARY TRAINING IN 

GRANTING CERTAIN STATE CERTIFICATIONS AND 

LICENSES AS A CONDITION ON THE RECEIPT OF FUNDS 

FOR VETERANS EMPLOYMENT AND TRAINING. 

(a) IN GENERAL.—Section 4102A(c) of title 38, United States 

Code, is amended by adding at the end the following new paragraph: 

‘‘(9)(A) As a condition of a grant or contract under which funds 

are made available to a State in order to carry out section 4103A 

or 4104 of this title for any program year, the Secretary may 

require the State— 

‘‘(i) to demonstrate that when the State approves or denies 

a certification or license described in subparagraph (B) for 

10 USC 

prec. 6951. 


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126 STAT. 1738 PUBLIC LAW 112–239—JAN. 2, 2013 

a veteran the State takes into consideration any training 

received or experience gained by the veteran while serving 

on active duty in the Armed Forces; and 

‘‘(ii) to disclose to the Secretary in writing the following: 

‘‘(I) Criteria applicants must satisfy to receive a certification or license described in subparagraph (B) by the 

State. 

‘‘(II) A description of the standard practices of the 

State for evaluating training received by veterans while 

serving on active duty in the Armed Forces and evaluating 

the documented work experience of such veterans during 

such service for purposes of approving or denying a certification or license described in subparagraph (B). 

‘‘(III) Identification of areas in which training and 

experience described in subclause (II) fails to meet criteria 

described in subclause (I).’’ 

‘‘(B) A certification or license described in this subparagraph 

is any of the following: 

‘‘(i) A license to be a nonemergency medical professional. 

‘‘(ii) A license to be an emergency medical professional. 

‘‘(iii) A commercial driver’s license. 

‘‘(C) The Secretary shall share the information the Secretary 

receives under subparagraph (A)(ii) with the Secretary of Defense 

to help the Secretary of Defense improve training for military 

occupational specialties so that individuals who receive such 

training are able to receive a certification or license described 

in subparagraph (B) from a State. 

‘‘(D) The Secretary shall publish on the Internet website of 

the Department available to the public— 

‘‘(i) any guidance the Secretary gives the Secretary of 

Defense with respect to carrying out this section; and 

‘‘(ii) any information the Secretary receives from a State 

pursuant to subparagraph (A).’’. 

(b) EFFECTIVE DATE.—The amendment made by subsection (a) 

shall apply with respect to a program year beginning on or after 

the date of the enactment of this Act. 

SEC. 545. DEPARTMENT OF DEFENSE REVIEW OF ACCESS TO MILITARY 

INSTALLATIONS BY REPRESENTATIVES OF INSTITUTIONS 

OF HIGHER EDUCATION. 

(a) REVIEW REQUIRED.—The Secretary of Defense shall conduct 

a review to assess the extent of access that representatives of 

institutions of higher education have to military installations. 

(b) ELEMENTS OF REVIEW.—The review required by subsection 

(a) shall include, at a minimum, an assessment of the following: 

(1) The policies and procedures that govern the availability 

and the degree to which representatives of institutions of higher 

education obtain access to military installations for marketing 

and recruitment purposes to members of the Armed Forces 

and their families. 

(2) The extent to which persons employed by institutions 

of higher education who have authorized access to military 

installations are engaged in the unauthorized or inappropriate 

marketing of products and services to members of the Armed 

Forces through such access. 

(3) The policies and regulations that are in effect to prevent 

inappropriate marketing of educational products and services 

38 USC 4102A 

note. 

Web posting. 

Public 

information. 


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PUBLIC LAW 112–239—JAN. 2, 2013 126 STAT. 1739 

on military installations and the effectiveness or shortcomings, 

and the adequacy of the enforcement, of those policies and 

regulations. 

(c) REPORT.—Not later than 270 days after the date of enactment of this Act, the Secretary of Defense shall submit to the 

Committees on Armed Services of the Senate and the House of 

Representatives a report containing the results of the review 

required by subsection (a). The report shall include any recommendations for statutory or regulatory change that the Secretary 

considers appropriate to enhance the protection of members of 

the Armed Forces from inappropriate marketing and recruitment 

on military installations by representatives of institutions of higher 

education. 

SEC. 546. REPORT ON DEPARTMENT OF DEFENSE EFFORTS TO STANDARDIZE EDUCATIONAL TRANSCRIPTS ISSUED TO SEPARATING MEMBERS OF THE ARMED FORCES. 

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

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

to the Committees on Armed Services of the Senate and the House 

of Representatives a report on the efforts of the Department of 

Defense to standardize the educational transcripts issued to members of the Armed Forces on their separation from the Armed 

Forces. 

(b) ELEMENTS.—The report required by subsection (a) shall 

include the following: 

(1) A description of the similarities and differences between 

the educational transcripts issued to members separating from 

the each of the Armed Forces. 

(2) A description of any assessments done by the Department, or in conjunction with educational institutions, to identify 

shortcomings in the transcripts issued to separating members 

in connection with their ability to qualify for civilian educational credits. 

(3) A description of the implementation plan for the Joint 

Services Transcript, including a schedule and the elements 

of existing educational transcripts to be incorporated into the 

Joint Services Transcript. 

SEC. 547. COMPTROLLER GENERAL OF THE UNITED STATES REPORTS 

ON JOINT PROFESSIONAL MILITARY EDUCATION MATTERS. 

(a) REPORT ON REVIEW OF MILITARY EDUCATION COORDINATION

COUNCIL REPORT.— (1) REVIEW OF METHODOLOGY.—The Comptroller General 

of the United States shall review the methodology used by 

the Military Education Coordination Council in compiling the 

report on joint professional military education that is to be 

submitted to the Director of Joint Force Development by March 

1, 2013, pursuant to the Joint Staff Memorandum, Joint Staff 

Review, dated July 16, 2012. The review shall include an examination of the analytical approach used by the Council for 

that report, including the types of information considered, the 

cost savings identified, the benefits of options considered, the 

time frames for implementation, and transparency. 

(2) REPORT.—Not later than 90 days after receiving from 

the Director of Joint Force Development the report described 

in paragraph (1), the Comptroller General shall submit to the 


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126 STAT. 1740 PUBLIC LAW 112–239—JAN. 2, 2013 

Committees on Armed Services of the Senate and the House 

of Representatives a report on the review under paragraph 

(1) of the report described in that paragraph. The report of 

the Comptroller General under this paragraph shall set forth 

the following: 

(A) The results of the review under paragraph (1). 

(B) Such recommendations as the Comptroller General 

considers appropriate in light of the results of the review. 

(b) REPORT ON JOINT PROFESSIONAL MILITARY EDUCATION

RESEARCH INSTITUTIONS.— (1) REPORT REQUIRED.—Not later than January 31, 2014, 

the Comptroller General of the United States shall submit 

to the congressional defense committees a report setting forth 

the assessment by the Comptroller General of the work performed by joint professional military education research institutions in support of professional military education and the 

broader mission of the Department of Defense, the military 

departments, and the Defense Agencies. 

(2) ELEMENTS.—The report required by paragraph (1) shall 

include an assessment of the following: 

(A) The systems, mechanisms, and structures within 

the senior and intermediate joint professional military education colleges and universities for oversight, governance, 

and management of the joint professional military education research institutions, including systems, mechanisms, and structures relating to the development of policies and budgets for research. 

(B) The factors contributing to and the extent of growth 

in the number and size of joint professional military education research institutions since 2000. 

(C) The causes and extent of cost growth at joint professional military education research institutions since 2000. 

(D) The focus of research activity conducted by the 

joint professional military education research institutions, 

and the extent to which each joint professional military 

education research institution performs a unique research 

function or engages in similar or duplicative efforts with 

other components or elements of the Department of 

Defense. 

(E) The measures of effectiveness used by the joint 

professional military education research institutions, the 

senior and intermediate joint professional military education colleges and universities, and other oversight entities 

to evaluate the performance of the joint professional military education research institutions in meeting established 

goals or objectives. 

(3) DEFINITIONS.—In this subsection: 

(A) The term ‘‘joint professional military education 

research institutions’’ means subordinate organizations 

(including centers, institutes, and schools) under the senior 

and intermediate joint professional military education colleges and universities for which research is the primary 

mission or reason for existence. 

(B) The term ‘‘senior and intermediate joint professional military education colleges and universities’’ means 

the following: 

(i) The National Defense University. 


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PUBLIC LAW 112–239—JAN. 2, 2013 126 STAT. 1741 

(ii) The Army War College. 

(iii) The Navy War College. 

(iv) The Air University. 

(v) The Air War College. 

(vi) The Marine Corp University. 

Subtitle F—Reserve Officers’ Training 

Corps and Related Matters 

SEC. 551. REPEAL OF REQUIREMENT FOR ELIGIBILITY FOR IN-STATE 

TUITION OF AT LEAST 50 PERCENT OF PARTICIPANTS IN 

SENIOR RESERVE OFFICERS’ TRAINING CORPS PROGRAM. 

Section 2107(c)(1) of title 10, United States Code, is amended 

by striking the third sentence. 

SEC. 552. CONSOLIDATION OF MILITARY DEPARTMENT AUTHORITY 

TO ISSUE ARMS, TENTAGE, AND EQUIPMENT TO EDUCATIONAL INSTITUTIONS NOT MAINTAINING UNITS OF 

JUNIOR RESERVE OFFICERS’ TRAINING CORPS. 

(a) CONSOLIDATION.—Chapter 102 of title 10, United States 

Code, is amended by adding at the end the following new section: 

‘‘§ 2034. Educational institutions not maintaining units of 

Junior Reserve Officers’ Training Corps: issuance 

of arms, tentage, and equipment 

‘‘The Secretary of a military department may issue arms, tentage, and equipment to an educational institution at which no unit 

of the Junior Reserve Officers’ Training Corps is maintained if 

the educational institution— 

‘‘(1) offers a course in military training prescribed by that 

Secretary; and 

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

in a grade above the eighth grade.’’. 

(b) REPEAL OF SEPARATE AUTHORITIES.—Sections 4651, 7911, 

and 9651 of such title are repealed. 

(c) CLERICAL AMENDMENTS.— 

(1) CONSOLIDATED AUTHORITY.—The table of sections at 

the beginning of chapter 102 of such title is amended by adding 

at the end the following new item: 

‘‘2034. Educational institutions not maintaining units of Junior Reserve Officers’ 

Training Corps: issuance of arms, tentage, and equipment.’’. 

(2) ARMY AUTHORITY.—The table of sections at the beginning of chapter 441 of such title is amended by striking the 

item relating to section 4651. 

(3) NAVY AUTHORITY.—The table of sections at the beginning of chapter 667 of such title is amended by striking the 

item relating to section 7911. 

(4) AIR FORCE AUTHORITY.—The table of sections at the 

beginning of chapter 941 of such title is amended by striking 

the item relating to section 9651. 

10 USC 

prec. 9651. 

10 USC 

prec. 7911. 

10 USC 

prec. 4651. 

10 USC 

prec. 2031. 

10 USC 2034. 


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126 STAT. 1742 PUBLIC LAW 112–239—JAN. 2, 2013 

SEC. 553. MODIFICATION OF REQUIREMENTS ON PLAN TO INCREASE 

THE NUMBER OF UNITS OF THE JUNIOR RESERVE OFFICERS’ TRAINING CORPS. 

(a) NUMBER OF UNITS COVERED BY PLAN.—Subsection (a) of 

section 548 of the Duncan Hunter National Defense Authorization 

Act for Fiscal Year 2009 (Public Law 110–417; 122 Stat. 4466) 

is amended by striking ‘‘not less than 3,700 units’’ and inserting 

‘‘not less than 3,000, and not more than 3,700, units’’. 

(b) ADDITIONAL EXCEPTION.—Subsection (b) of such section is 

amended— 

(1) in paragraph (1), by striking ‘‘or’’ at the end; 

(2) in paragraph (2), by striking the period at the end 

and inserting ‘‘; or’’; and 

(3) by adding at the end the following new paragraph: 

‘‘(3) if the Secretaries of the military departments determine that the level of support of all kinds (including appropriated funds) provided to youth development programs within 

the Armed Forces is consistent with funding limitations and 

the achievement of the objectives of such programs.’’. 

(c) SUBMITTAL OF REVISED PLAN AND IMPLEMENTATION

REPORTS.—Subsection (e) of such section is amended to read as 

follows: 

‘‘(e) TIME FOR SUBMISSION.—Not later than March 31, 2013, 

the Secretary of Defense shall submit to the congressional defense 

committees a revised plan under subsection (a) to reflect amendments made to subsections (a) and (b) during fiscal year 2013 

and a new report under subsection (d) to address the revised plan. 

The Secretary shall submit an updated report not later than March 

31 of each of 2015, 2018, and 2020.’’. 

SEC. 554. COMPTROLLER GENERAL REPORT ON RESERVE OFFICERS’ 

TRAINING CORPS PROGRAMS. 

(a) REPORT REQUIRED.—Not later than 270 days after the date 

of the enactment of this Act, the Comptroller General of the United 

States shall submit to the congressional defense committees a report 

setting forth the assessment of the Comptroller General regarding 

the following: 

(1) Whether the Reserve Officers’ Training Corps (ROTC) 

programs of the military departments are effectively meeting, 

and structured to meet, current and projected requirements 

for newly commissioned officers in the Armed Forces. 

(2) The cost-effectiveness and unit productivity of the current Reserve Officers’ Training Corps programs. 

(3) The adequacy of current oversight and criteria for the 

establishment and disestablishment of units of the Reserve 

Officers’ Training Corps. 

(b) ELEMENTS.—The report required by subsection (a) shall 

include, at a minimum, the following: 

(1) A list of the units of the Reserve Officers’ Training 

Corps by Armed Force, and by college or university, and the 

number of cadets and midshipman currently enrolled by class 

or year group. 

(2) The number of officers commissioned in 2012 from 

the Reserve Officers’ Training Corps programs, and the number 

projected to be commissioned over the period of the current 

future-years defense program under section 221 of title 10, 

10 USC 2031 

note. 


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PUBLIC LAW 112–239—JAN. 2, 2013 126 STAT. 1743 

United States Code, from each unit listed under paragraph 

(1). 

(3) An assessment of the requirements of each Armed Force 

for newly commissioned officers in 2012 and the strategic planning regarding such requirements over the period of the current 

future-years defense program. 

(4) The number of military and civilian personnel of the 

Department of Defense assigned to lead and manage units 

of the Reserve Officers’ Training Corps, and the grades of 

the military personnel so assigned. 

(5) An assessment of Department of Defense-wide and 

Armed-Force specific standards regarding the productivity of 

units of the Reserve Officers’ Training Corps, and an assessment of compliance with such standards. 

(6) An assessment of the projected use by the Armed Forces 

of the procedures available to the Armed Forces to respond 

to overages in the number of cadets and midshipmen in the 

Reserve Officers’ Training Corps programs. 

(7) A description of the plans of the Armed Forces to 

retain or disestablish units of the Reserve Officers’ Training 

Corps that do not meet productivity standards. 

Subtitle G—Defense Dependents’ 

Education and Military Family Readiness 

SEC. 561. CONTINUATION OF AUTHORITY TO ASSIST LOCAL EDUCATIONAL AGENCIES THAT BENEFIT DEPENDENTS OF 

MEMBERS OF THE ARMED FORCES AND DEPARTMENT OF 

DEFENSE CIVILIAN EMPLOYEES. 

(a) ASSISTANCE TO SCHOOLS WITH SIGNIFICANT NUMBERS OF

MILITARY DEPENDENT STUDENTS.—Of the amount authorized to 

be appropriated for fiscal year 2013 by section 301 and available 

for operation and maintenance for Defense-wide activities as specified in the funding table in section 4301, $25,000,000 shall be 

available only for the purpose of providing assistance to local educational agencies under subsection (a) of section 572 of the National 

Defense Authorization Act for Fiscal Year 2006 (Public Law 109– 

163; 20 U.S.C. 7703b). 

(b) ASSISTANCE TO SCHOOLS WITH ENROLLMENT CHANGES DUE

TO BASE CLOSURES, FORCE STRUCTURE CHANGES, OR FORCE

RELOCATIONS.— 

(1) EXTENSION OF AUTHORITY TO PROVIDE ASSISTANCE.— 

Section 572(b)(4) of the National Defense Authorization Act 

for Fiscal Year 2006 (20 U.S.C. 7703b(b)(4)) is amended by 

striking ‘‘September 30, 2012’’ and inserting ‘‘September 30, 

2014’’. 

(2) AMOUNT OF ASSISTANCE AUTHORIZED.—Of the amount 

authorized to be appropriated for fiscal year 2013 by section 

301 and available for operation and maintenance for Defensewide activities as specified in the funding table in section 

4301, $5,000,000 shall be available only for the purpose of 

providing assistance to local educational agencies under subsection (b) of section 572 of the National Defense Authorization 

Act for Fiscal Year 2006 (20 U.S.C. 7703b). 


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126 STAT. 1744 PUBLIC LAW 112–239—JAN. 2, 2013 

(c) REPEAL OF OBSOLETE FUNDING REFERENCE.—Section 572 

of the National Defense Authorization Act for Fiscal Year 2006 

(20 U.S.C. 7703b) is amended— 

(1) by striking subsection (e); and 

(2) by redesignating subsection (f) as subsection (e). 

(d) LOCAL EDUCATIONAL AGENCY DEFINED.—In this section, 

the term ‘‘local educational agency’’ has the meaning given that 

term in section 8013(9) of the Elementary and Secondary Education 

Act of 1965 (20 U.S.C. 7713(9)). 

SEC. 562. IMPACT AID FOR CHILDREN WITH SEVERE DISABILITIES. 

Of the amount authorized to be appropriated for fiscal year 

2013 pursuant to section 301 and available for operation and 

maintenance for Defense-wide activities as specified in the funding 

table in section 4301, $5,000,000 shall be available for payments 

under section 363 of the Floyd D. Spence National Defense 

Authorization Act for Fiscal Year 2001 (as enacted into law by 

Public Law 106–398; 114 Stat. 1654A–77; 20 U.S.C. 7703a). 

SEC. 563. AMENDMENTS TO THE IMPACT AID PROGRAM. 

(a) SHORT TITLE.—This section may be cited as the ‘‘Impact 

Aid Improvement Act of 2012’’. 

(b) AMENDMENTS TO THE IMPACT AID PROGRAM.—Title VIII 

of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 

7701 et seq.) is amended— 

(1) in section 8002 (20 U.S.C. 7702)— 

(A) in subsection (a)— 

(i) by striking ‘‘for a fiscal year ending prior to 

October 1, 2003’’; and 

(ii) by inserting ‘‘or (h)’’ after ‘‘subsection (b)’’; 

(B) in subsection (b)— 

(i) in paragraph (2), by striking ‘‘aggregate 

assessed’’ and inserting ‘‘estimated taxable’’; and 

(ii) by striking paragraph (3) and inserting the 

following: 

‘‘(3) DETERMINATION OF TAXABLE VALUE FOR ELIGIBLE FEDERAL PROPERTY.— 

‘‘(A) IN GENERAL.—In determining the estimated taxable value of such acquired Federal property for fiscal 

year 2010 and each succeeding fiscal year, the Secretary 

shall— 

‘‘(i) first determine the total taxable value for the 

purpose of levying property tax for school purposes 

for current expenditures of real property located within 

the boundaries of such local educational agency; 

‘‘(ii) then determine the per acre value of the 

eligible Federal property by dividing the total taxable 

value as determined in clause (i) by the difference 

between the total acres located within the boundaries 

of the local educational agency and the number of 

Federal acres eligible under this section; and 

‘‘(iii) then determine the total taxable value of 

the eligible Federal property by multiplying the per 

acre value as calculated under clause (ii) by the number 

of Federal acres eligible under this section. 

‘‘(B) SPECIAL RULE.—In the case of Federal property 

eligible under this section that is within the boundaries 

Impact Aid 

Improvement Act 

of 2012. 

20 USC 6301 

note. 


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of 2 or more local educational agencies, such a local educational agency may ask the Secretary to calculate the 

per acre value of each such local educational agency as 

provided under subparagraph (A) and apply the average 

of these per acre values to the acres of the Federal property 

in such agency.’’; and 

(C) in subsection (h)— 

(i) in paragraph (1)— 

(I) in the paragraph heading, by striking ‘‘FOR

PRE-1995 RECIPIENTS ’’ and inserting ‘‘FOR PRE-2010

RECIPIENTS’’; and 

(II) by striking subparagraphs (A) and (B) and 

inserting the following: 

‘‘(A) IN GENERAL.—The Secretary shall first make a 

foundation payment to each local educational agency that 

is determined by the Secretary to be eligible to receive 

a payment under this section for the fiscal year involved 

and that filed a timely application, and met, or has been 

determined by statute to meet, the eligibility requirements 

of subsection (a) for fiscal year 2009. 

‘‘(B) AMOUNT.— 

‘‘(i) IN GENERAL.—The amount of a payment under 

subparagraph (A) for a local educational agency shall 

be equal to the greater of 90 percent of the payment 

the local educational agency received from dollars 

appropriated for fiscal year 2009 or 90 percent of the 

average payment that the local educational agency 

received from dollars appropriated for fiscal years 2006, 

2007, 2008, and 2009, and shall be calculated without 

regard to the maximum payment provisions in subsection (b)(1)(C). 

‘‘(ii) EXCEPTION.—In calculating such average payment for a local educational agency that did not receive 

a payment under subsection (b) for 1 or more of the 

fiscal years between fiscal year 2006 and 2009, inclusive, the lowest such payment made to the agency 

for fiscal year 2006, 2007, 2008, or 2009, shall be 

treated as the payment that the agency received under 

subsection (b) for each fiscal year for which the agency 

did not receive such a payment.’’; and 

(ii) by striking paragraphs (2) through (4) and 

inserting the following: 

‘‘(2) FOUNDATION PAYMENTS FOR NEW APPLICANTS.— 

‘‘(A) FIRST YEAR.—From any amounts remaining after 

making payments under paragraph (1) and subsection (i)(1) 

for the fiscal year involved, the Secretary shall make a 

payment, in an amount determined in accordance with 

subparagraph (C), to each local educational agency that 

the Secretary determines eligible for a payment under this 

section for a fiscal year after fiscal year 2009 and that 

did not receive a payment under paragraph (1) for the 

fiscal year for which such agency was determined eligible 

for such payment. 

‘‘(B) SECOND AND SUCCEEDING YEARS.—For any succeeding fiscal year after the first fiscal year that a local 

educational agency receives a foundation payment under 

subparagraph (A), the amount of the local educational 

Payment. 


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126 STAT. 1746 PUBLIC LAW 112–239—JAN. 2, 2013 

agency’s foundation payment under this paragraph for such 

succeeding fiscal year shall be equal to the local educational 

agency’s foundation payment under this paragraph for the 

first fiscal year. 

‘‘(C) AMOUNTS.—The amount of a payment under 

subparagraph (A) for a local educational agency shall be 

determined as follows: 

‘‘(i) Calculate the local educational agency’s maximum payment under subsection (b). 

‘‘(ii) Calculate the percentage that the amount 

appropriated under section 8014(a) for the most recent 

fiscal year for which the Secretary has completed 

making payments under this section is of the total 

maximum payments for such fiscal year for all local 

educational agencies eligible for a payment under subsection (b) and multiply the agency’s maximum payment by such percentage. 

‘‘(iii) Multiply the amount determined under clause 

(ii) by 90 percent. 

‘‘(D) INSUFFICIENT FUNDS.—If the amount appropriated 

under section 8014(a) of this title is insufficient to pay 

the full amount determined under this paragraph for all 

eligible local educational agencies for the fiscal year, then 

the Secretary shall ratably reduce the payment to each 

local educational agency under this paragraph. 

‘‘(3) REMAINING FUNDS.—From any funds remaining after 

making payments under paragraphs (1) and (2) for the fiscal 

year involved, the Secretary shall make a payment to each 

local educational agency that received a foundation payment 

under paragraph (1) or (2) or subsection (i)(1), for the fiscal 

year involved in an amount that bears the same relation to 

the remainder as a percentage share determined for the local 

educational agency (by dividing the maximum amount that 

the agency is eligible to receive under subsection (b) by the 

total of the maximum amounts for all such agencies) bears 

to the percentage share determined (in the same manner) for 

all local educational agencies eligible to receive a payment 

under this section for the fiscal year involved, except that, 

for the purpose of calculating a local educational agency’s maximum amount under subsection (b), data from the most current 

fiscal year shall be used. 

‘‘(4) DATA.—For each local educational agency that received 

a payment under this section for fiscal year 2010 through 

the fiscal year in which the Impact Aid Improvement Act of 

2012 is enacted, the Secretary shall not make a payment under 

paragraph (3) to a local educational agency that fails to submit, 

within 60 days of the date the Secretary notifies the agency 

that the information is needed, the data necessary to calculate 

the maximum amount of a payment under subsection (b) for 

that local educational agency.’’; 

(2) by striking section 8003(a)(4) (20 U.S.C. 7703(a)(4)) 

and inserting the following: 

‘‘(4) MILITARY INSTALLATION AND INDIAN HOUSING UNDERGOING RENOVATION OR REBUILDING.— 

‘‘(A) MILITARY INSTALLATION HOUSING.—Beginning in 

fiscal year 2014, in determining the amount of a payment 

for a local educational agency for children described in 

Effective date. 

Determination. 

Certification. 

Deadline. 

Determination. 


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PUBLIC LAW 112–239—JAN. 2, 2013 126 STAT. 1747 

paragraph (1)(D)(i), the Secretary shall consider those children as if they were children described in paragraph (1)(B) 

if the Secretary determines, on the basis of a certification 

provided to the Secretary by a designated representative 

of the Secretary of Defense, that those children would 

have resided in housing on Federal property if the housing 

was not undergoing renovation or rebuilding. The total 

number of children treated as children described in paragraph (1)(B) shall not exceed the lessor of— 

‘‘(i) the total number of children eligible under 

paragraph (1)(B) for the year prior to the initiation 

of the housing project on Federal property undergoing 

renovation or rebuilding; or 

‘‘(ii) the total number of Federally connected children enrolled at the local educational agency as stated 

in the application filed for the payment for the year 

for which the determination is made. 

‘‘(B) INDIAN LANDS.—Beginning in fiscal year 2014, 

in determining the amount of a payment for a local educational agency that received a payment for children that 

resided on Indian lands in accordance with paragraph 

(1)(C) for the fiscal year prior to the fiscal year for which 

the local educational agency is making an application, the 

Secretary shall consider those children to be children 

described in paragraph (1)(C) if the Secretary determines 

on the basis of a certification provided to the Secretary 

by a designated representative of the Secretary of the 

Interior or the Secretary of Housing and Urban Development that those children would have resided in housing 

on Indian lands if the housing was not undergoing renovation or rebuilding. The total number of children treated 

as children described in paragraph (1)(C) shall not exceed 

the lessor of— 

‘‘(i) the total number of children eligible under 

paragraph (1)(C) for the year prior to the initiation 

of the housing project on Indian lands undergoing renovation or rebuilding; or 

‘‘(ii) the total number of Federally connected children enrolled at the local educational agency as stated 

in the application filed for the payment for the year 

for which the determination is made. 

‘‘(C) ELIGIBLE HOUSING.—Renovation or rebuilding 

shall be defined as projects considered as capitalization, 

modernization, or restoration, as defined by the Secretary 

of Defense or the Secretary of the Interior (as the case 

may be) and are projects that last more than 30 days, 

but do not include ‘sustainment projects’ such as painting, 

carpeting, or minor repairs.’’; and 

(3) in section 8010 (20 U.S.C. 7710)— 

(A) in subsection (c)(1), by striking ‘‘paragraph (3) of 

this subsection’’ both places the term appears and inserting 

‘‘paragraph (2)’’; and 

(B) by adding at the end the following: 

‘‘(d) TIMELY PAYMENTS.— 

‘‘(1) IN GENERAL.—Subject to paragraph (2), the Secretary 

shall pay a local educational agency the full amount that the 

agency is eligible to receive under this title for a fiscal year 


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126 STAT. 1748 PUBLIC LAW 112–239—JAN. 2, 2013 

not later than September 30 of the second fiscal year following 

the fiscal year for which such amount has been appropriated 

if, not later than 1 calendar year following the fiscal year 

in which such amount has been appropriated, such local educational agency submits to the Secretary all the data and 

information necessary for the Secretary to pay the full amount 

that the agency is eligible to receive under this title for such 

fiscal year. 

‘‘(2) PAYMENTS WITH RESPECT OF FISCAL YEARS IN WHICH

INSUFFICIENT FUNDS ARE APPROPRIATED.—For a fiscal year in 

which the amount appropriated under section 8014 is insufficient to pay the full amount a local educational agency is 

eligible to receive under this title, paragraph (1) shall be applied 

by substituting ‘is available to pay the agency’ for ‘the agency 

is eligible to receive’ each place the term appears.’’. 

(c) EFFECTIVE DATE, IMPLEMENTATION, AND REPEAL.— 

(1) IN GENERAL.—The amendments made by subsection 

(b) shall be effective for a 2-year period beginning on the 

date of enactment of this Act. 

(2) EFFECTIVE DATE.—Notwithstanding section 8005(d) of 

the Elementary and Secondary Education Act of 1965 (20 U.S.C. 

7705(d)), subsection (b)(1), and the amendments made by subsection (b)(1), shall take effect with respect to applications 

submitted under section 8002 of the Elementary and Secondary 

Education Act of 1965 (20 U.S.C. 7702) for fiscal year 2010. 

(3) IMPLEMENTATION.—The Secretary of Education shall 

carry out the amendments made by this section without regard 

to the rulemaking procedures under section 553 of title 5, 

United States Code. 

(4) REPEAL.—The amendments made by subsection (b) shall 

be repealed on the day after the 2-year period described in 

paragraph (1) and title VIII of the Elementary and Secondary 

Education Act of 1965 (20 U.S.C. 7701 et seq.) shall be applied 

as if such subsection and the amendments made by such subsection had never been enacted. 

SEC. 564. TRANSITIONAL COMPENSATION FOR DEPENDENT CHILDREN 

WHO ARE CARRIED DURING PREGNANCY AT TIME OF 

DEPENDENT-ABUSE OFFENSE COMMITTED BY AN INDIVIDUAL WHILE A MEMBER OF THE ARMED FORCES. 

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

is amended— 

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

new paragraph: 

‘‘(4) Payment to a child under this section shall not cover 

any period before the birth of the child.’’; and 

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

dependent-abuse offense resulting in the separation of the 

former member’’ in the matter preceding paragraph (1) and 

inserting ‘‘or eligible spouse at the time of the dependentabuse offense resulting in the separation of the former member 

or who was carried during pregnancy at the time of the 

dependent-abuse offense resulting in the separation of the 

former member and was subsequently born alive to the eligible 

spouse or former spouse’’. 

Applicability. 

20 USC 7702, 

7703, 7710. 

20 USC 7702 

note. 

Time period. 

Applicability. 


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PUBLIC LAW 112–239—JAN. 2, 2013 126 STAT. 1749 

(b) PROSPECTIVE APPLICABILITY.—No benefits shall accrue by 

reason of the amendments made by this section for any month 

that begins before the date of the enactment of this Act. 

SEC. 565. MODIFICATION OF AUTHORITY TO ALLOW DEPARTMENT OF 

DEFENSE DOMESTIC DEPENDENT ELEMENTARY AND SECONDARY SCHOOLS TO ENROLL CERTAIN STUDENTS. 

Section 2164 of title 10, United States Code, is amended by 

adding at the end the following new subsections: 

‘‘(k) ENROLLMENT OF RELOCATED DEFENSE DEPENDENTS’ EDUCATION SYSTEM STUDENTS.—(1) The Secretary of Defense may 

authorize the enrollment in a Department of Defense education 

program provided by the Secretary pursuant to subsection (a) of 

a dependent of a member of the armed forces or a dependent 

of a Federal employee who is enrolled in the defense dependents’ 

education system established under section 1402 of the Defense 

Dependents’ Education Act of 1978 (20 U.S.C. 921) if— 

‘‘(A) the dependents departed the overseas location as a 

result of a evacuation order; 

‘‘(B) the designated safe haven of the dependent is located 

within reasonable commuting distance of a school operated 

by the Department of Defense education program; and 

‘‘(C) the school possesses the capacity and resources necessary to enable the student to attend the school. 

‘‘(2) Unless waived by the Secretary of Defense, a dependent 

described in paragraph (1) who is enrolled in a school operated 

by the Department of Defense education program pursuant to such 

paragraph may attend the school only through the end of the 

school year. 

‘‘(l) ENROLLMENT IN VIRTUAL ELEMENTARY AND SECONDARY

EDUCATION PROGRAM.—(1) Under regulations prescribed by the Secretary of Defense, the Secretary may authorize the enrollment 

in the virtual elementary and secondary education program established as a component of the Department of Defense education 

program of a dependent of a member of the armed forces on active 

duty who— 

‘‘(A) is enrolled in an elementary or secondary school operated by a local educational agency or another accredited educational program in the United States (other than a school 

operated by the Department of Defense education program); 

and 

‘‘(B) immediately before such enrollment, was enrolled in 

the defense dependents’ education system established under 

section 1402 of the Defense Dependents’ Education Act of 1978 

(20 U.S.C. 921). 

‘‘(2) Enrollment of a dependent described in paragraph (1) 

pursuant to such paragraph shall be on a tuition basis.’’. 

SEC. 566. NONCOMPETITIVE APPOINTMENT AUTHORITY REGARDING 

CERTAIN MILITARY SPOUSES. 

(a) IN GENERAL.—Subchapter I of chapter 33 of title 5, United 

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

section: 

‘‘§ 3330d. Appointment of certain military spouses 

‘‘(a) DEFINITIONS.—In this section: 

‘‘(1) The term ‘active duty’— 

10 USC 3330d. 

Regulations. 

10 USC 1059 

note. 


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126 STAT. 1750 PUBLIC LAW 112–239—JAN. 2, 2013 

‘‘(A) has the meaning given that term in section 

101(d)(1) of title 10; 

‘‘(B) includes full-time National Guard duty (as defined 

in section 101(d)(5) of title 10); and 

‘‘(C) for a member of a reserve component (as described 

in section 10101 of title 10), does not include training 

duties or attendance at a service school. 

‘‘(2) The term ‘agency’— 

‘‘(A) has the meaning given the term ‘Executive agency’ 

in section 105 of this title; and 

‘‘(B) does not include the Government Accountability 

Office. 

‘‘(3) The term ‘geographic area of the permanent duty station’ means the area from which individuals reasonably can 

be expected to travel daily to and from work at the location 

of a member’s permanent duty station. 

‘‘(4) The term ‘permanent change of station’ means the 

assignment, detail, or transfer of a member of the Armed Forces 

who is on active duty and serving at a permanent duty station 

under a competent authorization or order that does not— 

‘‘(A) specify the duty as temporary; 

‘‘(B) provide for assignment, detail, or transfer, after 

that different permanent duty station, to a further different 

permanent duty station; or 

‘‘(C) direct return to the initial permanent duty station. 

‘‘(5) The term ‘relocating spouse of a member of the Armed 

Forces’ means an individual who— 

‘‘(A) is married to a member of the Armed Forces 

(on or prior to a permanent change of station of the 

member) who is ordered to active duty for a period of 

more than 180 consecutive days; 

‘‘(B) relocates to the member’s permanent duty station; 

and 

‘‘(C) before relocating as described in subparagraph 

(B), resided outside the geographic area of the permanent 

duty station. 

‘‘(6) The term ‘spouse of a disabled or deceased member 

of the Armed Forces’ means an individual— 

‘‘(A) who is married to a member of the Armed Forces 

who— 

‘‘(i) is retired, released, or discharged from the 

Armed Forces; and 

‘‘(ii) on the date on which the member retires, 

is released, or is discharged, has a disability rating 

of 100 percent under the standard schedule of rating 

disabilities in use by the Department of Veterans 

Affairs; or 

‘‘(B) who— 

‘‘(i) was married to a member of the Armed Forces 

on the date on which the member dies while on active 

duty in the Armed Forces; and 

‘‘(ii) has not remarried. 

‘‘(b) APPOINTMENT AUTHORITY.—The head of an agency may 

appoint noncompetitively— 

‘‘(1) a relocating spouse of a member of the Armed Forces; 

or 


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PUBLIC LAW 112–239—JAN. 2, 2013 126 STAT. 1751 

‘‘(2) a spouse of a disabled or deceased member of the 

Armed Forces. 

‘‘(c) SPECIAL RULES REGARDING RELOCATING SPOUSE.— ‘‘(1) IN GENERAL.—An appointment of a relocating spouse 

of a member of the Armed Forces under this section may 

only be to a position the duty station for which is within 

the geographic area of the permanent duty station of the 

member of the Armed Forces, unless there is no agency with 

a position with a duty station within the geographic area of 

the permanent duty station of the member of the Armed Forces. 

‘‘(2) SINGLE PERMANENT APPOINTMENT PER DUTY STATION.— A relocating spouse of a member of the Armed Forces may 

not receive more than 1 permanent appointment under this 

section for each time the spouse relocates as described in subparagraphs (B) and (C) of subsection (a)(5). 

‘‘(d) SPECIAL RULES REGARDING SPOUSE OF A DISABLED OR

DECEASED MEMBER OF THE ARMED FORCES.— ‘‘(1) IN GENERAL.—An appointment of an eligible spouse 

as described in subparagraph (A) or (B) of subsection (a)(6) 

is not restricted to a geographical area. 

‘‘(2) SINGLE PERMANENT APPOINTMENT.—A spouse of a disabled or deceased member of the Armed Forces may not receive 

more than 1 permanent appointment under this section.’’. 

(b) REGULATIONS.—Not later than 180 after the date of the 

enactment of this Act, the Director of the Office of Personnel 

Management shall amend section 315.612 of title 5, Code of Federal 

Regulations (relating to noncompetitive appointment of certain military spouses), in accordance with the amendment made by subsection (a) and promulgate or amend any other regulations necessary to carry out the amendment made by subsection (a). 

(c) CLERICAL AMENDMENT.—The table of sections for chapter 

33 of title 5, United States Code, is amended by inserting after 

the item relating to section 3330c the following new item: 

‘‘3330d. Appointment of certain military spouses.’’. 

SEC. 567. REPORT ON FUTURE OF FAMILY SUPPORT PROGRAMS OF 

THE DEPARTMENT OF DEFENSE. 

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

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

to the congressional defense committees a report on the anticipated 

future of the family support programs of the Department of Defense 

during the five-year period beginning on the date of the submittal 

of the report as end strengths for the Armed Forces are reduced 

and the Armed Forces are drawn down from combat operations 

in Afghanistan. 

(b) ELEMENTS.—The report required by subsection (a) shall 

include the following: 

(1) A description of the current family support programs 

of each of the Armed Forces and the Department of Defense, 

including the name, scope and intended purpose of each program. 

(2) An assessment of the current costs of the family support 

programs covered by paragraph (1), and an estimate of the 

costs of anticipated family support programs of the Armed 

Forces and Department over the period covered by the report. 

(3) An assessment of the costs and other consequences 

associated with the elimination or reduction of any current 

5 USC 

prec. 3301. 

Deadline. 

5 USC 3330d 

note. 


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126 STAT. 1752 PUBLIC LAW 112–239—JAN. 2, 2013 

family support programs covered by paragraph (1) over the 

period covered by the report. 

(4) An assessment of the family support programs of each 

of the Armed Forces covered by paragraph (1), including any 

planned or anticipated changes to the programs over the period 

covered by the report. 

SEC. 568. SENSE OF CONGRESS REGARDING SUPPORT FOR YELLOW 

RIBBON DAY. 

Congress supports the goals and ideals of Yellow Ribbon Day 

in honor of members of the Armed Forces and other individuals 

of the United States who are serving overseas apart from their 

families and loved ones. 

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

Forces 

SEC. 570. ARMED FORCES WORKPLACE AND GENDER RELATIONS SURVEYS. 

(a) ADDITIONAL CONTENT OF SURVEYS.—Subsection (c) of section 

481 of title 10, United States Code, is amended— 

(1) by striking ‘‘harassment and discrimination’’ and 

inserting ‘‘harassment, assault, and discrimination’’; 

(2) by redesignating paragraphs (2) and (3) as paragraphs 

(3) and (4); respectively; 

(3) by inserting after paragraph (1) the following new paragraph (2): 

‘‘(2) The specific types of assault that have occurred, and 

the number of times each respondent has been assaulted during 

the preceding year.’’; 

(4) in paragraph (4), as so redesignated, by striking 

‘‘discrimination’’ and inserting ‘‘discrimination, harassment, and 

assault’’; and 

(5) by adding at the end the following new paragraph: 

‘‘(5) Any other issues relating to discrimination, harassment, or assault as the Secretary of Defense considers appropriate.’’. 

(b) TIME FOR CONDUCTING OF SURVEYS.—Such section is further 

amended— 

(1) in subsection (a)(1), by striking ‘‘four quadrennial surveys (each in a separate year)’’ and inserting ‘‘four surveys’’; 

and 

(2) by striking subsection (d) and inserting the following 

new subsection: 

‘‘(d) WHEN SURVEYS REQUIRED.—(1) One of the two Armed 

Forces Workplace and Gender Relations Surveys shall be conducted 

in 2014 and then every second year thereafter and the other Armed 

Forces Workplace and Gender Relations Survey shall be conducted 

in 2015 and then every second year thereafter, so that one of 

the two surveys is being conducted each year. 

‘‘(2) The two Armed Forces Workplace and Equal Opportunity 

Surveys shall be conducted at least once every four years. The 

two surveys may not be conducted in the same year.’’. 


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PUBLIC LAW 112–239—JAN. 2, 2013 126 STAT. 1753 

SEC. 571. AUTHORITY TO RETAIN OR RECALL TO ACTIVE DUTY 

RESERVE COMPONENT MEMBERS WHO ARE VICTIMS OF 

SEXUAL ASSAULT WHILE ON ACTIVE DUTY. 

(a) IN GENERAL.—Chapter 1209 of title 10, United States Code, 

is amended by adding at the end the following new section: 

‘‘§ 12323. Active duty pending line of duty determination 

required for response to sexual assault 

‘‘(a) CONTINUATION ON ACTIVE DUTY.—In the case of a member 

of a reserve component who is the alleged victim of sexual assault 

committed while on active duty and who is expected to be released 

from active duty before the determination is made regarding 

whether the member was assaulted while in the line of duty (in 

this section referred to as a ‘line of duty determination’), the Secretary concerned, upon the request of the member, may order 

the member to be retained on active duty until completion of the 

line of duty determination. A member eligible for continuation 

on active duty under this subsection shall be informed as soon 

as practicable after the alleged assault of the option to request 

continuation on active duty under this subsection. 

‘‘(b) RETURN TO ACTIVE DUTY.—In the case of a member of 

a reserve component not on active duty who is the alleged victim 

of a sexual assault that occurred while the member was on active 

duty and when the line of duty determination is not completed, 

the Secretary concerned, upon the request of the member, may 

order the member to active duty for such time as necessary for 

completion of the line of duty determination. 

‘‘(c) REGULATIONS.—The Secretaries of the military departments 

shall prescribe regulations to carry out this section, subject to 

guidelines prescribed by the Secretary of Defense. The guidelines 

of the Secretary of Defense shall provide that— 

‘‘(1) a request submitted by a member described in subsection (a) or (b) to continue on active duty, or to be ordered 

to active duty, respectively, must be decided within 30 days 

from the date of the request; and 

‘‘(2) if the request is denied, the member may appeal to 

the first general officer or flag officer in the chain of command 

of the member, and in the case of such an appeal a decision 

on the appeal must be made within 15 days from the date 

of the appeal.’’. 

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 1209 of such title is amended adding at the end 

the following new item: 

‘‘12323. Active duty pending line of duty determination required for response to sexual assault.’’. 

SEC. 572. ADDITIONAL ELEMENTS IN COMPREHENSIVE DEPARTMENT 

OF DEFENSE POLICY ON SEXUAL ASSAULT PREVENTION 

AND RESPONSE. 

(a) POLICY MODIFICATIONS.—Not later than 180 days after the 

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

modify the revised comprehensive policy for the Department of 

Defense sexual assault prevention and response program required 

by section 1602 of the Ike Skelton National Defense Authorization 

Act for Fiscal Year 2011 (Public Law 111–383; 124 Stat. 4430; 

10 U.S.C. 1561 note) to include in the policy the following new 

requirements: 

Deadline. 

10 USC 

prec. 12301. 

Guidelines. 

Deadlines. 

10 USC 12323. 


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126 STAT. 1754 PUBLIC LAW 112–239—JAN. 2, 2013 

(1) Subject to subsection (b), a requirement that the Secretary of each military department establish a record on the 

disposition of any Unrestricted Report of sexual assault 

involving a member of the Armed Forces, whether such disposition is court martial, nonjudicial punishment, or other administrative action. 

(2) A requirement that the Secretary of each military 

department establish policies to require the processing for 

administrative separation of any member of the Armed Forces 

under the jurisdiction of such Secretary whose conviction for 

a covered offense is final and who is not punitively discharged 

from the Armed Forces in connection with such conviction. 

Such requirement— 

(A) shall ensure that any separation decision is based 

on the full facts of the case and that due process procedures 

are provided under regulations prescribed by the Secretary 

of Defense; and 

(B) shall not be interpreted to limit or alter the 

authority of the Secretary of the military department concerned to process members of the Armed Forces for 

administrative separation for other offenses or under other 

provisions of law. 

(3) A requirement that the commander of each military 

command and other units specified by the Secretary of Defense 

for purposes of the policy shall conduct, within 120 days after 

the commander assumes command and at least annually thereafter while retaining command, a climate assessment of the 

command or unit for purposes of preventing and responding 

to sexual assaults. The climate assessment shall include an 

opportunity for members of the Armed Forces to express their 

opinions regarding the manner and extent to which their 

leaders, including commanders, respond to allegations of sexual 

assault and complaints of sexual harassment and the effectiveness of such response. 

(4) A requirement to post and widely disseminate information about resources available to report and respond to sexual 

assaults, including the establishment of hotline phone numbers 

and Internet websites available to all members of the Armed 

Forces. 

(5) A requirement for a general education campaign to 

notify members of the Armed Forces regarding the authorities 

available under chapter 79 of title 10, United States Code, 

for the correction of military records when a member experiences any retaliatory personnel action for making a report 

of sexual assault or sexual harassment. 

(b) ADDITIONAL REQUIREMENTS REGARDING DISPOSITION

RECORDS OF SEXUAL ASSAULT REPORTS.— 

(1) ELEMENTS.—The record of the disposition of an Unrestricted Report of sexual assault established under subsection 

(a)(1) shall include information regarding the following, as 

appropriate: 

(A) Documentary information collected about the 

incident, other than investigator case notes. 

(B) Punishment imposed, including the sentencing by 

judicial or non-judicial means, including incarceration, 

fines, restriction, and extra duty as a result of military 

Notification. 

Communication 

and telecommunications. 

Deadline. 

Assessment. 

Procedures. 

Regulations. 

Records. 


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court-martial, Federal or local court and other sentencing, 

or any other punishment imposed. 

(C) Adverse administrative actions taken against the 

subject of the investigation, if any. 

(D) Any pertinent referrals made for the subject of 

the investigation, offered as a result of the incident, such 

as drug and alcohol counseling and other types of counseling or intervention. 

(2) RETENTION OF RECORDS.—The Secretary of Defense 

shall require that— 

(A) the disposition records established pursuant to subsection (a)(1) be retained for a period of not less than 

20 years; and 

(B) information from the records that satisfies the 

reporting requirements established in section 1631 of the 

Ike Skelton National Defense Authorization Act for Fiscal 

Year 2011 (Public Law 111–383; 10 U.S.C. 1561 note) be 

incorporated into the Defense Sexual Assault Incident 

Database and maintained for the same period as applies 

to retention of the records under subparagraph (A). 

(c) COVERED OFFENSE DEFINED.—For purposes of subsection 

(a)(2), the term ‘‘covered offense’’ means the following: 

(1) Rape or sexual assault under subsection (a) or (b) of 

section 920 of title 10, United States Code (article 120 of 

the Uniform Code of Military Justice). 

(2) Forcible sodomy under section 925 of title 10, United 

States Code (article 125 of the Uniform Code of Military Justice). 

(3) An attempt to commit an offense specified in paragraph 

(1) or (2) under section 880 of title 10, United States Code 

(article 80 of the Uniform Code of Military Justice). 

SEC. 573. ESTABLISHMENT OF SPECIAL VICTIM CAPABILITIES WITHIN 

THE MILITARY DEPARTMENTS TO RESPOND TO ALLEGATIONS OF CERTAIN SPECIAL VICTIM OFFENSES. 

(a) ESTABLISHMENT REQUIRED.—Under regulations prescribed 

by the Secretary of Defense, the Secretary of each military department shall establish special victim capabilities for the purposes 

of— 

(1) investigating and prosecuting allegations of child abuse, 

serious domestic violence, or sexual offenses; and 

(2) providing support for the victims of such offenses. 

(b) PERSONNEL.—The special victim capabilities developed 

under subsection (a) shall include specially trained and selected— 

(1) investigators from the Army Criminal Investigative 

Command, Naval Criminal Investigative Service, or Air Force 

Office of Special Investigations; 

(2) judge advocates; 

(3) victim witness assistance personnel; and 

(4) administrative paralegal support personnel. 

(c) TRAINING, SELECTION, AND CERTIFICATION STANDARDS.—The 

Secretary of Defense shall prescribe standards for the training, 

selection, and certification of personnel who will provide special 

victim capabilities for a military department. 

(d) DISCRETION REGARDING EXTENT OF CAPABILITIES.— (1) IN GENERAL.—Subject to paragraph (2), the Secretary 

of a military department shall determine the extent to which 

Determination. 

Regulations. 

10 USC 1561 

note. 


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special victim capabilities will be established within the military department and prescribe regulations for the management 

and use of the special victim capabilities. 

(2) REQUIRED ELEMENTS.—At a minimum, the special 

victim capabilities established within a military department 

must provide effective, timely, and responsive world-wide support for the purposes described in subsection (a). 

(e) TIME FOR ESTABLISHMENT.— (1) IMPLEMENTATION PLAN.—Not later than 270 days after 

the date of the enactment of this Act, the Secretary of Defense 

shall submit to the Committees on Armed Services of the Senate 

and the House of Representatives a report containing— 

(A) the plans and time lines of the Secretaries of the 

military departments for the establishment of the special 

victims capabilities; and 

(B) an assessment by the Secretary of Defense of the 

plans and time lines. 

(2) INITIAL CAPABILITIES.—Not later than one year after 

the date of the enactment of this Act, the Secretary of each 

military department shall have available an initial special 

victim capability consisting of the personnel specified in subsection (b). 

(f) EVALUATION OF EFFECTIVENESS.—Not later than 180 days 

after the date of the enactment of this Act, the Secretary of Defense 

shall— 

(1) prescribe the common criteria to be used by the Secretaries of the military departments to measure the effectiveness 

and impact of the special victim capabilities from the investigative, prosecutorial, and victim’s perspectives; and 

(2) require the Secretaries of the military departments 

to collect and report the data used to measure such effectiveness 

and impact. 

(g) SPECIAL VICTIM CAPABILITIES DEFINED.—In this section, 

the term ‘‘special victim capabilities’’ means a distinct, recognizable 

group of appropriately skilled professionals who work collaboratively 

to achieve the purposes described in subsection (a). This section 

does not require that the special victim capabilities be created 

as separate military unit or have a separate chain of command. 

SEC. 574. ENHANCEMENT TO TRAINING AND EDUCATION FOR SEXUAL 

ASSAULT PREVENTION AND RESPONSE. 

Section 585 of the National Defense Authorization Act for Fiscal 

Year 2012 (Public Law 112–81; 125 Stat. 1434; 10 U.S.C. 1561 

note) is amended by adding at the end the following new subsections: 

‘‘(d) COMMANDERS’ TRAINING.—The Secretary of Defense shall 

provide for the inclusion of a sexual assault prevention and response 

training module in the training for new or prospective commanders 

at all levels of command. The training shall be tailored to the 

responsibilities and leadership requirements of members of the 

Armed Forces as they are assigned to command positions. Such 

training shall include the following: 

‘‘(1) Fostering a command climate that does not tolerate 

sexual assault. 

‘‘(2) Fostering a command climate in which persons 

assigned to the command are encouraged to intervene to prevent potential incidents of sexual assault. 

Reports. 

Criteria. 

Deadline. 

Reports. 

Deadlines. 


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‘‘(3) Fostering a command climate that encourages victims 

of sexual assault to report any incident of sexual assault. 

‘‘(4) Understanding the needs of, and the resources available to, the victim after an incident of sexual assault. 

‘‘(5) Use of military criminal investigative organizations 

for the investigation of alleged incidents of sexual assault. 

‘‘(6) Available disciplinary options, including court-martial, 

non-judicial punishment, administrative action, and deferral 

of discipline for collateral misconduct, as appropriate. 

‘‘(e) EXPLANATION TO BE INCLUDED IN INITIAL ENTRY AND

ACCESSION TRAINING.— 

‘‘(1) REQUIREMENT.—The Secretary of Defense shall require 

that the matters specified in paragraph (2) be carefully 

explained to each member of the Army, Navy, Air Force, and 

Marine Corps at the time of (or within fourteen duty days 

after)— 

‘‘(A) the member’s initial entrance on active duty; or 

‘‘(B) the member’s initial entrance into a duty status 

with a reserve component. 

‘‘(2) MATTERS TO BE EXPLAINED.—This subsection applies 

with respect to the following: 

‘‘(A) Department of Defense policy with respect to 

sexual assault. 

‘‘(B) The resources available with respect to sexual 

assault reporting and prevention and the procedures to 

be followed by a member seeking to access those 

resources.’’. 

SEC. 575. MODIFICATION OF ANNUAL DEPARTMENT OF DEFENSE 

REPORTING REQUIREMENTS REGARDING SEXUAL 

ASSAULTS. 

(a) GREATER DETAIL IN CASE SYNOPSES PORTION OF REPORT.— 

Section 1631 of the Ike Skelton National Defense Authorization 

Act for Fiscal Year 2011 (Public Law 111–383; 124 Stat. 4433; 

10 U.S.C. 1561 note) is amended by adding at the end the following 

new subsection: 

‘‘(f) ADDITIONAL DETAILS FOR CASE SYNOPSES PORTION OF

REPORT.—The Secretary of each military department shall include 

in the case synopses portion of each report described in subsection 

(b)(3) the following additional information: 

‘‘(1) If charges are dismissed following an investigation 

conducted under section 832 of title 10, United States Code 

(article 32 of the Uniform Code of Military Justice), the case 

synopsis shall include the reason for the dismissal of the 

charges. 

‘‘(2) If the case synopsis states that a member of the Armed 

Forces accused of committing a sexual assault was administratively separated or, in the case of an officer, allowed to resign 

in lieu of facing a court-martial, the case synopsis shall include 

the characterization (honorable, general, or other than honorable) given the service of the member upon separation. 

‘‘(3) The case synopsis shall indicate whether a member 

of the Armed Forces accused of committing a sexual assault 

was ever previously accused of a substantiated sexual assault 

or was admitted to the Armed Forces under a moral waiver 

granted with respect to prior sexual misconduct. 

Applicability. 


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126 STAT. 1758 PUBLIC LAW 112–239—JAN. 2, 2013 

‘‘(4) The case synopsis shall indicate the branch of the 

Armed Forces of each member accused of committing a sexual 

assault and the branch of the Armed Forces of each member 

who is a victim of a sexual assault. 

‘‘(5) If the case disposition includes non-judicial punishment, the case synopsis shall explicitly state the nature of 

the punishment. 

‘‘(6) The case synopsis shall indicate whether alcohol was 

involved in any way in a substantiated sexual assault incident.’’. 

(b) ADDITIONAL ELEMENTS OF EACH REPORT.—Subsection (b) 

of such section is amended by adding at the end the following 

new paragraphs: 

‘‘(7) The number of applications submitted under section 

673 of title 10, United States Code, during the year covered 

by the report for a permanent change of station or unit transfer 

for members of the Armed Forces on active duty who are 

the victim of a sexual assault or related offense, the number 

of applications denied, and, for each application denied, a 

description of the reasons why the application was denied. 

‘‘(8) An analysis and assessment of trends in the incidence, 

disposition, and prosecution of sexual assaults by units, commands, and installations during the year covered by the report, 

including trends relating to prevalence of incidents, prosecution 

of incidents, and avoidance of incidents. 

‘‘(9) An assessment of the adequacy of sexual assault 

prevention and response activities carried out by training commands during the year covered by the report. 

‘‘(10) An analysis of the specific factors that may have 

contributed to sexual assault during the year covered by the 

report, an assessment of the role of such factors in contributing 

to sexual assaults during that year, and recommendations for 

mechanisms to eliminate or reduce the incidence of such factors 

or their contributions to sexual assaults.’’. 

(c) APPLICATION OF AMENDMENTS.—The amendments made by 

this section shall apply beginning with the report regarding sexual 

assaults involving members of the Armed Forces required to be 

submitted by March 1, 2014, under section 1631 of the Ike Skelton 

National Defense Authorization Act for Fiscal Year 2011. 

SEC. 576. INDEPENDENT REVIEWS AND ASSESSMENTS OF UNIFORM 

CODE OF MILITARY JUSTICE AND JUDICIAL PROCEEDINGS 

OF SEXUAL ASSAULT CASES. 

(a) INDEPENDENT REVIEWS AND ASSESSMENTS REQUIRED.— 

(1) RESPONSE SYSTEMS TO ADULT SEXUAL ASSAULT CRIMES.— 

The Secretary of Defense shall establish a panel to conduct 

an independent review and assessment of the systems used 

to investigate, prosecute, and adjudicate crimes involving adult 

sexual assault and related offenses under section 920 of title 

10, United States Code (article 120 of the Uniform Code of 

Military Justice), for the purpose of developing recommendations regarding how to improve the effectiveness of such systems. 

(2) JUDICIAL PROCEEDINGS SINCE FISCAL YEAR 2012 AMENDMENTS.—The Secretary of Defense shall establish a panel to 

conduct an independent review and assessment of judicial proceedings conducted under the Uniform Code of Military Justice 

involving adult sexual assault and related offenses since the 

Establishment. 

10 USC 1561 

note. 


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PUBLIC LAW 112–239—JAN. 2, 2013 126 STAT. 1759 

amendments made to the Uniform Code of Military Justice 

by section 541 of the National Defense Authorization Act for 

Fiscal Year 2012 (Public Law 112–81; 125 Stat. 1404) for the 

purpose of developing recommendations for improvements to 

such proceedings. 

(b) ESTABLISHMENT OF INDEPENDENT REVIEW PANELS.— (1) COMPOSITION.— (A) RESPONSE SYSTEMS PANEL.—The panel required by 

subsection (a)(1) shall be composed of nine members, five 

of whom are appointed by the Secretary of Defense and 

one member each appointed by the chairman and ranking 

member of the Committees on Armed Services of the Senate 

and the House of Representatives. 

(B) JUDICIAL PROCEEDINGS PANEL.—The panel required 

by subsection (a)(2) shall be appointed by the Secretary 

of Defense and consist of five members, two of whom must 

have also served on the panel established under subsection 

(a)(1). 

(2) QUALIFICATIONS.—The members of each panel shall be 

selected from among private United States citizens who collectively possess expertise in military law, civilian law, the investigation, prosecution, and adjudication of sexual assaults in 

State and Federal criminal courts, victim advocacy, treatment 

for victims, military justice, the organization and missions of 

the Armed Forces, and offenses relating to rape, sexual assault, 

and other adult sexual assault crimes. 

(3) CHAIR.—The chair of each panel shall be appointed 

by the Secretary of Defense from among the members of the 

panel. 

(4) PERIOD OF APPOINTMENT; VACANCIES.—Members shall 

be appointed for the life of the panel. Any vacancy in a panel 

shall be filled in the same manner as the original appointment. 

(5) DEADLINE FOR APPOINTMENTS.— 

(A) RESPONSE SYSTEMS PANEL.—All original appointments to the panel required by subsection (a)(1) shall be 

made not later than 120 days after the date of the enactment of this Act. 

(B) JUDICIAL PROCEEDINGS PANEL.—All original 

appointments to the panel required by subsection (a)(2) 

shall be made before the termination date of the panel 

established under subsection (a)(1), but no later than 30 

days before the termination date. 

(6) MEETINGS.—A panel shall meet at the call of the chair. 

(7) FIRST MEETING.—The chair shall call the first meeting 

of a panel not later than 60 days after the date of the appointment of all the members of the panel. 

(c) REPORTS AND DURATION.— 

(1) RESPONSE SYSTEMS PANEL.—The panel established 

under subsection (a)(1) shall terminate upon the earlier of 

the following: 

(A) Thirty days after the panel has submitted a report 

of its findings and recommendations, through the Secretary 

of Defense, to the Committees on Armed Services of the 

Senate and the House of Representatives. 

(B) Eighteen months after the first meeting of the 

panel, by which date the panel is expected to have made 

its report. 

Deadline. 


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126 STAT. 1760 PUBLIC LAW 112–239—JAN. 2, 2013 

(2) JUDICIAL PROCEEDINGS PANEL.— 

(A) FIRST REPORT.—The panel established under subsection (a)(2) shall submit a first report, including any 

proposals for legislative or administrative changes the 

panel considers appropriate, to the Secretary of Defense 

and the Committees on Armed Services of the Senate and 

the House of Representatives not later than 180 days after 

the first meeting of the panel. 

(B) SUBSEQUENT REPORTS.—The panel established 

under subsection (a)(2) shall submit subsequent reports 

during fiscal years 2014 through 2017. 

(C) TERMINATION.—The panel established under subsection (a)(2) shall terminate on September 30, 2017. 

(d) DUTIES OF PANELS.— 

(1) RESPONSE SYSTEMS PANEL.—In conducting a systemic 

review and assessment, the panel required by subsection (a)(1) 

shall provide recommendations on how to improve the effectiveness of the investigation, prosecution, and adjudication of 

crimes involving adult sexual assault and related offenses under 

section 920 of title 10, United States Code (article 120 of 

the Uniform Code of Military Justice). The review shall include 

the following: 

(A) Using criteria the panel considers appropriate, an 

assessment of the strengths and weaknesses of the systems, 

including the administration of the Uniform Code of the 

Military Justice, and the investigation, prosecution, and 

adjudication, of adult sexual assault crimes during the 

period 2007 through 2011. 

(B) A comparison of military and civilian systems for 

the investigation, prosecution, and adjudication of adult 

sexual assault crimes. This comparison shall include an 

assessment of differences in providing support and protection to victims and the identification of civilian best practices that may be incorporated into any phase of the military system. 

(C) An assessment of advisory sentencing guidelines 

used in civilian courts in adult sexual assault cases and 

whether it would be advisable to promulgate sentencing 

guidelines for use in courts-martial. 

(D) An assessment of the training level of military 

defense and trial counsel, including their experience in 

defending or prosecuting adult sexual assault crimes and 

related offenses, as compared to prosecution and defense 

counsel for similar cases in the Federal and State court 

systems. 

(E) An assessment and comparison of military courtmartial conviction rates with those in the Federal and 

State courts and the reasons for any differences. 

(F) An assessment of the roles and effectiveness of 

commanders at all levels in preventing sexual assaults 

and responding to reports of sexual assault. 

(G) An assessment of the strengths and weakness of 

proposed legislative initiatives to modify the current role 

of commanders in the administration of military justice 

and the investigation, prosecution, and adjudication of 

adult sexual assault crimes. 

Recommendations. 


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PUBLIC LAW 112–239—JAN. 2, 2013 126 STAT. 1761 

(H) An assessment of the adequacy of the systems 

and procedures to support and protect victims in all phases 

of the investigation, prosecution, and adjudication of adult 

sexual assault crimes, including whether victims are provided the rights afforded by section 3771 of title 18, United 

States Code, Department of Defense Directive 1030.1, and 

Department of Defense Instruction 1030.2. 

(I) Such other matters and materials the panel considers appropriate. 

(2) JUDICIAL PROCEEDINGS PANEL.—The panel required by 

subsection (a)(2) shall perform the following duties: 

(A) Assess and make recommendations for improvements in the implementation of the reforms to the offenses 

relating to rape, sexual assault, and other sexual misconduct under the Uniform Code of Military Justice that 

were enacted by section 541 of the National Defense 

Authorization Act for Fiscal Year 2012 (Public Law 112– 

81; 125 Stat. 1404). 

(B) Review and evaluate current trends in response 

to sexual assault crimes whether by courts-martial proceedings, non-judicial punishment and administrative 

actions, including the number of punishments by type, 

and the consistency and appropriateness of the decisions, 

punishments, and administrative actions based on the facts 

of individual cases. 

(C) Identify any trends in punishments rendered by 

military courts, including general, special, and summary 

courts-martial, in response to sexual assault, including the 

number of punishments by type, and the consistency of 

the punishments, based on the facts of each case compared 

with the punishments rendered by Federal and State 

criminal courts. 

(D) Review and evaluate court-martial convictions for 

sexual assault in the year covered by the most-recent report 

required by subsection (c)(2) and the number and description of instances when punishments were reduced or set 

aside upon appeal and the instances in which the defendant 

appealed following a plea agreement, if such information 

is available. 

(E) Review and assess those instances in which prior 

sexual conduct of the alleged victim was considered in 

a proceeding under section 832 of title 10, United States 

Code (article 32 of the Uniform Code of Military Justice), 

and any instances in which prior sexual conduct was determined to be inadmissible. 

(F) Review and assess those instances in which evidence of prior sexual conduct of the alleged victim was 

introduced by the defense in a court-martial and what 

impact that evidence had on the case. 

(G) Building on the data compiled as a result of paragraph (1)(D), assess the trends in the training and experience levels of military defense and trial counsel in adult 

sexual assault cases and the impact of those trends in 

the prosecution and adjudication of such cases. 

(H) Monitor trends in the development, utilization and 

effectiveness of the special victims capabilities required 

by section 573 of this Act. 


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126 STAT. 1762 PUBLIC LAW 112–239—JAN. 2, 2013 

(I) Monitor the implementation of the April 20, 2012, 

Secretary of Defense policy memorandum regarding withholding initial disposition authority under the Uniform 

Code of Military Justice in certain sexual assault cases. 

(J) Consider such other matters and materials as the 

panel considers appropriate for purposes of the reports. 

(3) UTILIZATION OF OTHER STUDIES.—In conducting reviews 

and assessments and preparing reports, a panel may review, 

and incorporate as appropriate, the data and findings of 

applicable ongoing and completed studies. 

(e) AUTHORITY OF PANELS.— (1) HEARINGS.—A panel may hold such hearings, sit and 

act at such times and places, take such testimony, and receive 

such evidence as the panel considers appropriate to carry out 

its duties under this section. 

(2) INFORMATION FROM FEDERAL AGENCIES.—Upon request 

by the chair of a panel, a department or agency of the Federal 

Government shall provide information that the panel considers 

necessary to carry out its duties under this section. 

(f) PERSONNEL MATTERS.— 

(1) PAY OF MEMBERS.—Members of a panel shall serve 

without pay by reason of their work on the panel. 

(2) TRAVEL EXPENSES.—The members of a panel shall be 

allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while 

away from their homes or regular places of business in the 

performance or services for the panel. 

(3) STAFFING AND RESOURCES.—The Secretary of Defense 

shall provide staffing and resources to support the panels, 

except that the Secretary may not assign primary responsibility 

for such staffing and resources to the Sexual Assault Prevention 

and Response Office. 

SEC. 577. RETENTION OF CERTAIN FORMS IN CONNECTION WITH 

RESTRICTED REPORTS ON SEXUAL ASSAULT AT REQUEST 

OF THE MEMBER OF THE ARMED FORCES MAKING THE 

REPORT. 

(a) PERIOD OF RETENTION.—At the request of a member of 

the Armed Forces who files a Restricted Report on an incident 

of sexual assault involving the member, the Secretary of Defense 

shall ensure that all copies of Department of Defense Form 2910 

and Department of Defense Form 2911 filed in connection with 

the Restricted Report be retained for the longer of— 

(1) 50 years commencing on the date of signature of the 

member on Department of Defense Form 2910; or 

(2) the time provided for the retention of such forms in 

connection with Unrestricted Reports on incidents of sexual 

assault involving members of the Armed Forces under Department of Defense Directive-Type Memorandum (DTM) 11–062, 

entitled ‘‘Document Retention in Cases of Restricted and Unrestricted Reports of Sexual Assault’’, or any successor directive 

or policy. 

(b) PROTECTION OF CONFIDENTIALITY.—Any Department of 

Defense form retained under subsection (a) shall be retained in 

a manner that protects the confidentiality of the member of the 

Armed Forces concerned in accordance with procedures for the 

10 USC 1561 

note. 


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PUBLIC LAW 112–239—JAN. 2, 2013 126 STAT. 1763 

protection of confidentiality of information in Restricted Reports 

under Department of Defense memorandum JTF–SAPR–009, 

relating to the Department of Defense policy on confidentiality 

for victims of sexual assault, or any successor policy or directive. 

SEC. 578. GENERAL OR FLAG OFFICER REVIEW OF AND CONCURRENCE 

IN SEPARATION OF MEMBERS OF THE ARMED FORCES 

MAKING AN UNRESTRICTED REPORT OF SEXUAL ASSAULT. 

(a) REVIEW REQUIRED.—The Secretary of Defense shall develop 

a policy to require a general officer or flag officer of the Armed 

Forces to review the circumstances of, and grounds for, the proposed 

involuntary separation of any member of the Armed Forces who— 

(1) made an Unrestricted Report of a sexual assault; 

(2) within one year after making the Unrestricted Report 

of a sexual assault, is recommended for involuntary separation 

from the Armed Forces; and 

(3) requests the review on the grounds that the member 

believes the recommendation for involuntary separation from 

the Armed Forces was initiated in retaliation for making the 

report. 

(b) CONCURRENCE REQUIRED.—If a review is requested by a 

member of the Armed Forces as authorized by subsection (a), the 

concurrence of the general officer or flag officer conducting the 

review of the proposed involuntary separation of the member is 

required in order to separate the member. 

(c) SUBMISSION OF POLICY.—Not later than 180 days after the 

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

submit to the Committees on Armed Services of the Senate and 

the House of Representatives a report containing the policy developed under subsection (a). 

(d) APPLICATION OF POLICY.—The policy developed under subsection (a) shall take effect on the date of the submission of the 

policy to Congress under subsection (c) and apply to members 

of the Armed Forces described in subsection (a) who are proposed 

to be involuntarily separated from the Armed Forces on or after 

that date. 

SEC. 579. DEPARTMENT OF DEFENSE POLICY AND PLAN FOR PREVENTION AND RESPONSE TO SEXUAL HARASSMENT IN THE 

ARMED FORCES. 

(a) COMPREHENSIVE PREVENTION AND RESPONSE POLICY.— 

(1) POLICY REQUIRED.—The Secretary of Defense shall 

develop a comprehensive policy to prevent and respond to 

sexual harassment in the Armed Forces. The policy shall provide for the following: 

(A) Training for members of the Armed Forces on 

the prevention of sexual harassment. 

(B) Mechanisms for reporting incidents of sexual 

harassment in the Armed Forces, including procedures for 

reporting anonymously. 

(C) Mechanisms for responding to and resolving 

incidents of alleged sexual harassment incidences involving 

members of the Armed Forces, including through the 

prosecution of offenders. 

(2) REPORT.—Not later than one year after the date of 

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

to the Committees on Armed Services of the Senate and the 

10 USC 1561 

note. 

Effective date. 

Deadline. 

Reports. 

Policy. 

10 USC 1561 

note. 


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126 STAT. 1764 PUBLIC LAW 112–239—JAN. 2, 2013 

House of Representatives a report setting forth the policy 

required by paragraph (1). 

(3) CONSULTATION.—The Secretary of Defense shall prepare 

the policy and report required by this subsection in consultation 

with the Secretaries of the military departments and the Equal 

Opportunity Office of the Department of Defense. 

(b) DATA COLLECTION AND REPORTING REGARDING SUBSTAN- TIATED INCIDENTS OF SEXUAL HARASSMENT.— (1) PLAN REQUIRED.—The Secretary of Defense shall 

develop a plan to collect information and data regarding 

substantiated incidents of sexual harassment involving members of the Armed Forces. The plan shall specifically deal 

with the need to identify cases in which a member is accused 

of multiple incidents of sexual harassment. 

(2) SUBMISSION OF PLAN.—Not later than June 1, 2013, 

the Secretary of Defense shall submit to the Committees on 

Armed Services of the Senate and the House of Representatives 

the plan developed under paragraph (1). 

(3) REPORTING REQUIREMENT.—As part of the reports 

required to be submitted in 2014 under section 1631 of the 

Ike Skelton National Defense Authorization Act for Fiscal Year 

2011 (Public Law 111–383; 124 Stat. 4433; 10 U.S.C. 1561 

note), the Secretary of Defense shall include information and 

data collected under the plan during the preceding year 

regarding substantiated incidents of sexual harassment 

involving members of the Armed Forces. 

Subtitle I—Suicide Prevention and 

Resilience 

SEC. 580. ENHANCEMENT OF OVERSIGHT AND MANAGEMENT OF 

DEPARTMENT OF DEFENSE SUICIDE PREVENTION AND 

RESILIENCE PROGRAMS. 

(a) IN GENERAL.—The Secretary of Defense shall, acting 

through the Under Secretary of Defense for Personnel and Readiness, establish within the Office of the Secretary of Defense a 

position with responsibility for oversight of all suicide prevention 

and resilience programs of the Department of Defense (including 

those of the military departments and the Armed Forces). 

(b) SCOPE OF RESPONSIBILITIES.—The individual serving in the 

position established under subsection (a) shall have the responsibilities as follows: 

(1) To establish a uniform definition of resiliency for use 

in the suicide prevention and resilience programs and preventative behavioral health programs of the Department of Defense 

(including those of the military departments and the Armed 

Forces). 

(2) To oversee the implementation of the comprehensive 

policy on the prevention of suicide among members of the 

Armed Forces required by section 582. 

SEC. 581. RESERVE COMPONENT SUICIDE PREVENTION AND RESILIENCE PROGRAM. 

(a) CODIFICATION, TRANSFER OF RESPONSIBILITY, AND EXTENSION.— 

Establishment. 

10 USC 1071 

note. 

Deadline. 


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PUBLIC LAW 112–239—JAN. 2, 2013 126 STAT. 1765 

(1) IN GENERAL.—Chapter 1007 of title 10, United States 

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

section: 

‘‘§ 10219. Suicide prevention and resilience program 

‘‘(a) PROGRAM REQUIREMENT.—The Secretary of Defense shall 

establish and carry out a program to provide members of the 

National Guard and Reserves and their families with training in 

suicide prevention, resilience, and community healing and response 

to suicide, including provision of such training at Yellow Ribbon 

Reintegration Program events and activities authorized under section 582 of the National Defense Authorization Act for Fiscal Year 

2008 (10 U.S.C. 10101 note). 

‘‘(b) SUICIDE PREVENTION TRAINING.—Under the program, the 

Secretary shall provide members of the National Guard and 

Reserves with training in suicide prevention. Such training may 

include— 

‘‘(1) describing the warning signs for suicide and teaching 

effective strategies for prevention and intervention; 

‘‘(2) examining the influence of military culture on risk 

and protective factors for suicide; and 

‘‘(3) engaging in interactive case scenarios and role plays 

to practice effective intervention strategies. 

‘‘(c) COMMUNITY RESPONSE TRAINING.—Under the program, the 

Secretary shall provide the families and communities of members 

of the National Guard and Reserves with training in responses 

to suicide that promote individual and community healing. Such 

training may include— 

‘‘(1) enhancing collaboration among community members 

and local service providers to create an integrated, coordinated 

community response to suicide; 

‘‘(2) communicating best practices for preventing suicide, 

including safe messaging, appropriate memorial services, and 

media guidelines; 

‘‘(3) addressing the impact of suicide on the military and 

the larger community, and the increased risk that can result; 

and 

‘‘(4) managing resources to assist key community and military service providers in helping the families, friends, and 

fellow servicemembers of a suicide victim through the processes 

of grieving and healing. 

‘‘(d) COMMUNITY TRAINING ASSISTANCE.—The program shall 

include the provision of assistance with such training to the local 

communities of those servicemembers and families, to be provided 

in coordination with local community programs. 

‘‘(e) COLLABORATION.—In carrying out the program, the Secretary shall collect and analyze ‘lessons learned’ and suggestions 

from State National Guard and Reserve organizations with existing 

or developing suicide prevention and community response programs. 

‘‘(f) TERMINATION.—The program under this section shall terminate on October 1, 2017.’’. 

(2) CLERICAL AMENDMENT.—The table of sections at the 

beginning of chapter 1007 of such title is amended by adding 

at the end the following new item: 

‘‘10219. Suicide prevention and resilience program.’’. 

10 USC 

prec. 10201. 

10 USC 10219. 


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126 STAT. 1766 PUBLIC LAW 112–239—JAN. 2, 2013 

(b) REPEAL OF SUPERSEDED PROVISION.—Subsection (i) of section 582 of the National Defense Authorization Act for Fiscal Year 

2008 (Public Law 110–181; 10 U.S.C. 10101 note) is repealed. 

SEC. 582. COMPREHENSIVE POLICY ON PREVENTION OF SUICIDE 

AMONG MEMBERS OF THE ARMED FORCES. 

(a) COMPREHENSIVE POLICY REQUIRED.—Not later than 180 

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

of Defense shall, acting through the Under Secretary of Defense 

for Personnel and Readiness, develop within the Department of 

Defense a comprehensive policy on the prevention of suicide among 

members of the Armed Forces. In developing the policy, the Secretary shall consider recommendations from the operational elements of the Armed Forces regarding the feasibility of the 

implementation and execution of particular elements of the policy. 

(b) ELEMENTS.—The policy required by subsection (a) shall 

cover each of the following: 

(1) Increased awareness among members of the Armed 

Forces about mental health conditions and the stigma associated with mental health conditions and mental health care. 

(2) The means of identifying members who are at risk 

for suicide (including enhanced means for early identification 

and treatment of such members). 

(3) The continuous access by members to suicide prevention 

services, including suicide crisis services. 

(4) The means to evaluate and assess the effectiveness 

of the suicide prevention and resilience programs and preventative behavioral health programs of the Department of Defense 

(including those of the military departments and the Armed 

Forces), including the development of metrics for that purpose. 

(5) The means to evaluate and assess the current diagnostic 

tools and treatment methods in the programs referred to in 

paragraph (4) to ensure clinical best practices are used in 

such programs. 

(6) The standard of care for suicide prevention to be used 

throughout the Department. 

(7) The training of mental health care providers on suicide 

prevention. 

(8) The training standards for behavioral health care providers to ensure that such providers receive training on clinical 

best practices and evidence-based treatments as information 

on such practices and treatments becomes available. 

(9) The integration of mental health screenings and suicide 

risk and prevention for members into the delivery of primary 

care for such members. 

(10) The standards for responding to attempted or completed suicides among members, including guidance and 

training to assist commanders in addressing incidents of 

attempted or completed suicide within their units. 

(11) The means to ensure the protection of the privacy 

of members seeking or receiving treatment relating to suicide. 

(12) Such other matters as the Secretary considers appropriate in connection with the prevention of suicide among members. 

Recommendations. 

Deadline. 

10 USC 1071 

note. 


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PUBLIC LAW 112–239—JAN. 2, 2013 126 STAT. 1767 

SEC. 583. STUDY OF RESILIENCE PROGRAMS FOR MEMBERS OF THE 

ARMY. 

(a) STUDY REQUIRED.—The Secretary of the Army shall conduct 

a study of resilience programs within the Army for the purpose 

of assessing the effectiveness of the current Comprehensive Soldier 

and Family Fitness (CSF2) Program of the Army, while verifying 

the current means of the Army to reduce trends in high risk 

or self-destructive behavior and to prepare members of the Army 

to manage stressful or traumatic situations by training members 

in resilience strategies and techniques. 

(b) ELEMENTS.—In conducting the study, the Secretary of the 

Army shall determine the effectiveness and quality of training 

under the Comprehensive Soldier and Family Fitness program in— 

(1) enhancing individual performance through resiliency 

techniques and use of positive and sports psychology; and 

(2) identifying and responding to early signs of high-risk 

behavior in members of the Army. 

(c) USE OF SCIENCE-BASED EVIDENCE AND TECHNIQUES.—In 

conducting the study, the Secretary of the Army shall utilize scientific evidence, including professionally accepted measurements 

and assessments, to evaluate those interventions that show positive 

results and those interventions that have no impact. 

(d) DURATION OF STUDY.—The study shall be conducted through 

September 30, 2014. 

(e) REPORT ON STUDY RESULTS.—Not later than October 31, 

2014, the Secretary of the Army shall submit to the Committees 

on Armed Forces of the Senate and the House of Representatives 

a report containing the results of the study. The report shall include 

the following: 

(1) A description of the trends in high risk or self-destructive behavior among members of the Army. 

(2) A description and measurements of the effectiveness 

of Comprehensive Soldier and Family Fitness Program training 

in enhancing individual performance through resiliency techniques, utilization of positive psychology. 

(3) Such recommendations or other information as the Secretary considers appropriate. 

Subtitle J—Other Matters 

SEC. 584. ISSUANCE OF PRISONER-OF-WAR MEDAL. 

Section 1128 of title 10, United States Code, is amended— 

(1) in subsection (a)— 

(A) by inserting ‘‘or’’ at the end of paragraph (2); 

(B) by striking ‘‘; or’’ at the end of paragraph (3) 

and inserting a period; and 

(C) by striking paragraph (4); 

(2) by redesignating subsections (b) through (h) as subsections (c) through (i), respectively; and 

(3) by inserting after subsection (a) the following new subsection (b): 

‘‘(b) Under uniform regulations prescribed by the Secretary 

of Defense, the Secretary concerned may issue a prisoner-of-war 

medal to any person who, while serving in any capacity with the 

armed forces, was held captive under circumstances not covered 

Regulations. 


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126 STAT. 1768 PUBLIC LAW 112–239—JAN. 2, 2013 

by paragraph (1), (2), or (3) of subsection (a), but which the Secretary concerned finds were comparable to those circumstances 

under which persons have generally been held captive by enemy 

armed forces during periods of armed conflict.’’. 

SEC. 585. TECHNICAL AMENDMENTS RELATING TO THE TERMINATION 

OF THE ARMED FORCES INSTITUTE OF PATHOLOGY 

UNDER DEFENSE BASE CLOSURE AND REALIGNMENT. 

Section 177 of title 10, United States Code, is amended— 

(1) in subsection (a)— 

(A) in paragraph (2)— 

(i) by striking ‘‘those professional societies’’ and 

all that follows through ‘‘the Armed Forces Institute 

of Pathology’’ and inserting ‘‘the professional societies 

and organizations that support the activities of the 

American Registry of Pathology’’; and 

(ii) by striking the second sentence; and 

(B) in paragraph (3), by striking ‘‘with the concurrence 

of the Director of the Armed Forces Institute of Pathology’’; 

(2) in subsection (b)— 

(A) by striking paragraph (1); and 

(B) by redesignating paragraphs (2), (3), (4), and (5) 

as paragraphs (1), (2), (3), and (4), respectively; and 

(3) in subsection (d), by striking ‘‘to the Director’’ and 

all that follows through ‘‘it deems desirable,’’ and inserting 

‘‘annually to its Board and supporting organizations referred 

to in subsection (a)(2)’’. 

SEC. 586. MODIFICATION OF REQUIREMENT FOR REPORTS IN FEDERAL REGISTER ON INSTITUTIONS OF HIGHER EDUCATION INELIGIBLE FOR CONTRACTS AND GRANTS FOR 

DENIAL OF ROTC OR MILITARY RECRUITER ACCESS TO 

CAMPUS. 

Section 983 of title 10, United States Code, is amended by 

striking subsection (f). 

SEC. 587. ACCEPTANCE OF GIFTS AND SERVICES RELATED TO EDUCATIONAL ACTIVITIES AND VOLUNTARY SERVICES TO 

ACCOUNT FOR MISSING PERSONS. 

(a) ACTIVITIES BENEFITTING EDUCATION AS SERVICES ELIGIBLE

FOR ACCEPTANCE.—Section 2601(i)(2) of title 10, United States Code, 

is amended by inserting ‘‘education,’’ before ‘‘morale,’’. 

(b) ACCEPTANCE OF VOLUNTARY SERVICES RELATED TO

ACCOUNTING FOR MISSING PERSONS.—Section 1588(a) of such title 

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

‘‘(9) Voluntary services to facilitate accounting for missing 

persons.’’. 

SEC. 588. DISPLAY OF STATE, DISTRICT OF COLUMBIA, COMMONWEALTH, AND TERRITORIAL FLAGS BY THE ARMED 

FORCES. 

(a) DISPLAY.—Subsection (a) of section 2249b of title 10, United 

States Code, is amended to read as follows: 

‘‘(a) DISPLAY OF FLAGS BY ARMED FORCES.—The Secretary of 

Defense shall ensure that, whenever the official flags of all 50 

States are displayed by the armed forces, such display shall include 

the flags of the District of Columbia, the Commonwealth of Puerto 


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PUBLIC LAW 112–239—JAN. 2, 2013 126 STAT. 1769 

Rico, the United States Virgin Islands, Guam, American Samoa, 

and the Commonwealth of the Northern Mariana Islands.’’. 

(b) CLERICAL AMENDMENTS.— 

(1) SECTION HEADING.—The heading of such section is 

amended to read as follows: 

‘‘§ 2249b. Display of State, District of Columbia, commonwealth, and territorial flags by the armed forces’’. 

(2) TABLE OF SECTIONS.—The table of sections at the beginning of chapter 134 of such title is amended by striking the 

item relating to section 2249b and inserting the following new 

item: 

‘‘2249b. Display of State, District of Columbia, commonwealth, and territorial flags 

by the armed forces.’’. 

SEC. 589. ENHANCEMENT OF AUTHORITIES ON ADMISSION OF 

DEFENSE INDUSTRY CIVILIANS TO CERTAIN DEPARTMENT 

OF DEFENSE EDUCATIONAL INSTITUTIONS AND PROGRAMS. 

(a) NAVY DEFENSE PRODUCT DEVELOPMENT PROGRAM.—Section 

7049(a) of title 10, United States Code, is amended— 

(1) in the second sentence, by inserting ‘‘or professional 

continuing education certificate’’ after ‘‘master’s degree’’; and 

(2) in the last sentence, by inserting before the period 

at the end the following: ‘‘or an appropriate professional continuing education certificate, as applicable’’. 

(b) UNITED STATES AIR FORCE INSTITUTE OF TECHNOLOGY.— 

Section 9314a(a) of such title is amended— 

(1) in paragraph (1), by inserting ‘‘or professional continuing education certificate’’ after ‘‘graduate degree’’; and 

(2) in paragraph (3), by inserting before the period at 

the end the following: ‘‘or an appropriate professional continuing education certificate, as applicable’’. 

(c) REQUEST FOR INCREASE IN NUMBER OF DEFENSE INDUSTRY

CIVILIANS AUTHORIZED FOR ADMISSION.—If the Secretary of Defense 

determines that it is in the best interest of the Department of 

Defense to increase the maximum number of defense industry 

employees authorized to be enrolled in the Naval Defense Development Program or the Air Force Institute of Technology at any 

one time, as specified in sections 7049(a) and 9314a(a) of title 

10, United States Code, the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives a request for such an increase, including draft legislation 

to effectuate the increase. 

SEC. 590. EXTENSION OF AUTHORITIES TO CARRY OUT A PROGRAM 

OF REFERRAL AND COUNSELING SERVICES TO VETERANS 

AT RISK OF HOMELESSNESS WHO ARE TRANSITIONING 

FROM CERTAIN INSTITUTIONS. 

Section 2023(d) of title 38, United States Code, is amended 

by striking ‘‘September 30, 2012’’ and inserting ‘‘September 30, 

2013’’. 

SEC. 591. INSPECTION OF MILITARY CEMETERIES UNDER THE JURISDICTION OF DEPARTMENT OF DEFENSE. 

(a) DOD INSPECTOR GENERAL INSPECTION OF ARLINGTON

NATIONAL CEMETERY AND UNITED STATES SOLDIERS’ AND AIRMEN’S

10 USC 7049 

note. 

Determination. 

10 USC prec. 

2241. 


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126 STAT. 1770 PUBLIC LAW 112–239—JAN. 2, 2013 

HOME NATIONAL CEMETERY.—Section 1(d) of Public Law 111–339 

(124 Stat. 3592) is amended— 

(1) in paragraph (1), by striking ‘‘The Secretary’’ in the 

first sentence and inserting ‘‘Subject to paragraph (2), the Secretary’’; and 

(2) in paragraph (2), by adding at the end the following 

new sentence: ‘‘However, in the case of the report required 

to be submitted during 2013, the assessment described in paragraph (1) shall be conducted, and the report shall be prepared 

and submitted, by the Inspector General of the Department 

of Defense instead of the Secretary of the Army.’’. 

(b) TIME FOR SUBMISSION OF REPORT AND PLAN OF ACTION

REGARDING INSPECTION OF CEMETERIES AT MILITARY INSTALLA- TIONS.—Section 592(d)(2) of the National Defense Authorization 

Act for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 1443) 

is amended— 

(1) by striking ‘‘December 31, 2012’’ and inserting ‘‘June 

29, 2013’’; and 

(2) by striking ‘‘April 1, 2013’’ and inserting ‘‘October 1, 

2013’’. 

SEC. 592. REPORT ON RESULTS OF INVESTIGATIONS AND REVIEWS 

CONDUCTED WITH RESPECT TO PORT MORTUARY DIVISION OF THE AIR FORCE MORTUARY AFFAIRS OPERATIONS CENTER AT DOVER AIR FORCE BASE. 

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

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

to the Committees on Armed Services of the Senate and the House 

of Representatives a report of the investigations and reviews that 

were conducted with respect to the improper handling and preparation of the remains of deceased members of the Armed Forces 

and civilians at the Port Mortuary Division of the Air Force Mortuary Affairs Operations Center at Dover Air Force Base. The 

investigations and reviews considered shall include— 

(1) the 436th Air Wing Inspector General review; 

(2) the Air Force Office of Special Investigations report; 

(3) the Air Force Office of Inspector General investigation; 

(4) the Office of Special Counsel review; 

(5) the Defense Health Board’s Dover Port Mortuary Independent Review Subcommittee report; and 

(6) any other reviews or investigations of operations at 

Dover Port Mortuary that have been conducted since January 

1, 2011. 

(b) ELEMENTS OF REPORT.—The report shall— 

(1) summarize and evaluate the recommendations made, 

and the actions undertaken, as a result of the investigations 

and reviews, and the current status of implementation of such 

recommendations and actions; and 

(2) provide any additional recommendations for improvement of operations at Dover Port Mortuary, including any best 

practices for casualty notification, family support, and mortuary 

affairs operations. 

SEC. 593. PRESERVATION OF EDITORIAL INDEPENDENCE OF STARS 

AND STRIPES. 

(a) MAINTENANCE OF GEOGRAPHIC SEPARATION.—To preserve 

the actual and perceived editorial and management independence 

of the Stars and Stripes newspaper, the Secretary of Defense shall 

Extension. 

Contracts. 

Reports. 

Assessment. 


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PUBLIC LAW 112–239—JAN. 2, 2013 126 STAT. 1771 

extend the lease for the commercial office space in the District 

of Columbia currently occupied by the editorial and management 

operations of the Stars and Stripes newspaper until such time 

as the Secretary provides space and information technology and 

other support for such operations in a Government-owned facility 

in the National Capital Region geographically remote from facilities 

of the Defense Media Activity at Fort Meade, Maryland. 

(b) IMPLEMENTATION REPORT.—Not later than February 1, 2013, 

the Secretary of Defense shall submit to the Committees on Armed 

Services of the Senate and the House of Representatives a report 

describing the implementation of subsection (a). 

SEC. 594. NATIONAL PUBLIC AWARENESS AND PARTICIPATION CAMPAIGN FOR VETERANS’ HISTORY PROJECT OF AMERICAN 

FOLKLIFE CENTER. 

(a) IN GENERAL.—The Director of the American Folklife Center 

at the Library of Congress shall carry out a national public awareness and participation campaign for the program required by section 

3(a) of the Veterans’ Oral History Project Act (20 U.S.C. 2142(a)). 

Such campaign shall provide for the following: 

(1) Encouraging the people of the United States, veterans 

organizations, community groups, and national organizations 

to participate in such program. 

(2) Ensuring greater awareness and participation throughout the United States in such program. 

(3) Providing meaningful opportunities for learning about 

the experiences of veterans. 

(4) Complementing the efforts supporting the readjustment 

and successful reintegration of veterans into civilian life after 

service in the Armed Forces. 

(b) COORDINATION AND COOPERATION.—To the degree practicable, the Director shall, in carrying out the campaign required 

by subsection (a), coordinate and cooperate with veterans service 

organizations. 

(c) VETERANS SERVICE ORGANIZATION DEFINED.—In this section, 

the term ‘‘veterans service organization’’ means any organization 

recognized by the Secretary of Veterans Affairs for the representation of veterans under section 5902 of title 38, United States Code. 

SEC. 595. REPORT ON ACCURACY OF DATA IN THE DEFENSE ENROLLMENT ELIGIBILITY REPORTING SYSTEM. 

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

this Act, the Secretary of Defense shall submit to the Committees 

on Armed Services of the Senate and the House of Representatives 

a plan to improve the completeness and accuracy of the data contained in the Defense Enrollment Eligibility Reporting System 

(DEERS) in order— 

(1) to provide for the standardization of identification 

credentials required for eligibility, enrollment, transactions, and 

updates across all Department of Defense installations; and 

(2) to ensure that persons issued military identification 

cards and receiving benefits based on DEERS data are actually 

eligible for such cards and benefits. 

20 USC 2142 

note. 


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126 STAT. 1772 PUBLIC LAW 112–239—JAN. 2, 2013 

SEC. 596. SENSE OF CONGRESS THAT THE BUGLE CALL COMMONLY 

KNOWN AS TAPS SHOULD BE DESIGNATED AS THE 

NATIONAL SONG OF MILITARY REMEMBRANCE. 

It is the sense of Congress that the bugle call commonly known 

as ‘‘Taps’’ should be designated as the National Song of Military 

Remembrance. 

TITLE VI—COMPENSATION AND OTHER 

PERSONNEL BENEFITS 

Subtitle A—Pay and Allowances 

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

Sec. 602. Extension of authority to provide temporary increase in rates of basic allowance for housing under certain circumstances. Sec. 603. Basic allowance for housing for two-member couples when one member is 

on sea duty. Sec. 604. Rates of basic allowance for housing for members performing active 

Guard and Reserve duty. Sec. 605. Payment of benefit for nonparticipation of eligible members in Post-Deployment/Mobilization Respite Absence program due to Government 

error. 

Subtitle B—Bonuses and Special and Incentive Pays 

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

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

care professionals. Sec. 613. One-year extension of special pay and bonus authorities for nuclear officers. Sec. 614. One-year extension of authorities relating to title 37 consolidated special 

pay, incentive pay, and bonus authorities. 

Sec. 615. One-year extension of authorities relating to payment of other title 37 bonuses and special pays. 

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

Selected Reserve. 

Sec. 617. Increase in maximum amount of incentive bonus for reserve component 

members who convert military occupational specialty to ease personnel 

shortages. 

Subtitle C—Travel and Transportation Allowances 

Sec. 621. Permanent change of station allowances for members of Selected Reserve 

units filling a vacancy in another unit after being involuntarily separated. 

Sec. 622. Authority for comprehensive program for space-available travel on Department of Defense aircraft. 

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

Separated 

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

benefits after separation. 

Sec. 632. Transitional use of military family housing. 

Subtitle E—Disability, Retired Pay, and Survivor Benefits 

Sec. 641. Repeal of requirement for payment of Survivor Benefit Plan premiums 

when participant waives retired pay to provide a survivor annuity under 

Federal Employees Retirement System and terminating payment of the 

Survivor Benefit Plan annuity. 

Sec. 642. Repeal of automatic enrollment in Family Servicemembers’ Group Life Insurance for members of the Armed Forces married to other members. 

Sec. 643. Clarification of computation of combat-related special compensation for 

chapter 61 disability retirees. 

Subtitle F—Commissary and Nonappropriated Fund Instrumentality Benefits and 

Operations 

Sec. 651. Repeal of certain recordkeeping and reporting requirements applicable to 

commissary and exchange stores overseas. 


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PUBLIC LAW 112–239—JAN. 2, 2013 126 STAT. 1773 

Sec. 652. Treatment of Fisher House for the Families of the Fallen and Meditation 

Pavilion at Dover Air Force Base, Delaware, as a Fisher House. 

Subtitle G—Military Lending 

Sec. 661. Additional enhancements of protections on consumer credit for members 

of the Armed Forces and their dependents. 

Sec. 662. Effect of violations of protections on consumer credit extended to members of the Armed Forces and their dependents. 

Sec. 663. Consistent definition of dependent for purposes of applying limitations on 

terms of consumer credit extended to certain members of the Armed 

Forces and their dependents. 

Subtitle H—Military Compensation and Retirement Modernization Commission 

Sec. 671. Purpose, scope, and definitions. 

Sec. 672. Military Compensation and Retirement Modernization Commission. 

Sec. 673. Commission hearings and meetings. 

Sec. 674. Principles and procedure for Commission recommendations. 

Sec. 675. Consideration of Commission recommendations by the President. 

Sec. 676. Executive Director. 

Sec. 677. Staff. 

Sec. 678. Judicial review precluded. 

Sec. 679. Termination. 

Sec. 680. Funding. 

Subtitle I—Other Matters 

Sec. 681. Equal treatment for members of Coast Guard Reserve called to active 

duty under title 14, United States Code. 

Sec. 682. Report regarding Department of Veterans Affairs claims process transformation plan. 

Subtitle A—Pay and Allowances 

SEC. 601. FISCAL YEAR 2013 INCREASE IN MILITARY BASIC PAY. 

(a) WAIVER OF SECTION 1009 ADJUSTMENT.—The adjustment 

to become effective during fiscal year 2013 required by section 

1009 of title 37, United States Code, in the rates of monthly basic 

pay authorized members of the uniformed services shall not be 

made. 

(b) INCREASE IN BASIC PAY.—Effective on January 1, 2013, 

the rates of monthly basic pay for members of the uniformed services are increased by 1.7 percent. 

SEC. 602. EXTENSION OF AUTHORITY TO PROVIDE TEMPORARY 

INCREASE IN RATES OF BASIC ALLOWANCE FOR HOUSING 

UNDER CERTAIN CIRCUMSTANCES. 

Section 403(b)(7)(E) of title 37, United States Code, is amended 

by striking ‘‘December 31, 2012’’ and inserting ‘‘December 31, 2013’’. 

SEC. 603. BASIC ALLOWANCE FOR HOUSING FOR TWO-MEMBER COUPLES WHEN ONE MEMBER IS ON SEA DUTY. 

(a) IN GENERAL.—Subparagraph (C) of section 403(f)(2) of title 

37, United States Code, is amended to read as follows: 

‘‘(C) Notwithstanding section 421 of this title, a member of 

a uniformed service in a pay grade below pay grade E–6 who 

is assigned to sea duty and is married to another member of 

a uniformed service is entitled to a basic allowance for housing 

subject to the limitations of subsection (e).’’. 

(b) EFFECTIVE DATE.—The amendment made by subsection (a) 

shall take effect on January 1, 2013. 

37 USC 403 note. 

Effective date. 

37 USC 1009 

note. 


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126 STAT. 1774 PUBLIC LAW 112–239—JAN. 2, 2013 

SEC. 604. RATES OF BASIC ALLOWANCE FOR HOUSING FOR MEMBERS 

PERFORMING ACTIVE GUARD AND RESERVE DUTY. 

(a) TREATMENT OF ACTIVE GUARD AND RESERVE DUTY.—Section 

403(g) of title 37, United States Code, is amended by adding at 

the end the following new paragraph: 

‘‘(6)(A) This paragraph applies with respect to a member of 

a reserve component who performs active Guard and Reserve duty 

(as defined in section 101(d)(6) of title 10). 

‘‘(B) The rate of basic allowance for housing to be paid to 

a member described in subparagraph (A) shall be based on the 

member’s permanent duty station, even during instances in which 

the member is mobilized for service on active duty other than 

active Guard and Reserve duty. 

‘‘(C)(i) During transitions in service status from active Guard 

and Reserve duty to other active duty and back to active Guard 

and Reserve duty, or following the start of new periods of service 

resulting from a change in orders, a member described in subparagraph (A) shall be considered as retaining uninterrupted eligibility 

to receive a basic allowance for housing in an area as provided 

for under subsections (b)(6) and (c)(2) so long as the member 

remains on active duty without a break in service. 

‘‘(ii) Clause (i) does not apply if the member’s permanent duty 

station changes as a result of orders directing a permanent change 

in station with the authority for the movement of household goods. 

‘‘(iii) For purposes of clause (i), a break in active service occurs 

when one or more calendar days between active service periods 

do not qualify as active service. 

‘‘(D) Subsections (d)(3) and (o) also apply to a member described 

in subparagraph (A).’’. 

(b) TRANSITIONAL PROVISIONS.— 

(1) IN GENERAL.—The basic allowance for housing paid 

to a member of a reserve component described in subparagraph 

(A) of paragraph (6) of section 403(g) of title 37, United States 

Code, as added by subsection (a), who on the date of the 

enactment of the National Defense Authorization Act for Fiscal 

Year 2013 is being paid basic allowance for housing at a rate 

that is based on a housing area other than the member’s 

permanent duty station, shall be paid at that current rate 

until the member is assigned to perform duty at the member’s 

permanent duty station, at which time the member shall be 

paid basic allowance for housing at the prevailing permanent 

duty station housing area rate or at the permanent duty station 

housing rate for which the member has qualified under such 

paragraph (6). 

(2) ALTERNATIVE RATE.—The Secretary of a military department, with the approval of the Secretary of Defense, may 

pay a member covered by paragraph (1) and under the jurisdiction of that Secretary a basic allowance for housing at a rate 

higher than the rate provided under such paragraph to ensure 

that the member is treated fairly and equitably or to serve 

the best interests of the United States. 

SEC. 605. PAYMENT OF BENEFIT FOR NONPARTICIPATION OF ELIGIBLE 

MEMBERS IN POST-DEPLOYMENT/MOBILIZATION RESPITE 

ABSENCE PROGRAM DUE TO GOVERNMENT ERROR. 

(a) PAYMENT OF BENEFIT.— 

37 USC 403 note. 

Applicability. 

Applicability. 


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PUBLIC LAW 112–239—JAN. 2, 2013 126 STAT. 1775 

(1) IN GENERAL.—Upon application, the Secretary concerned shall make a payment to each individual described 

in paragraph (2) of $200 for each day of nonparticipation of 

such individual in the Post-Deployment/Mobilization Respite 

Absence program as described in that paragraph. 

(2) COVERED INDIVIDUALS.—An individual described in this 

paragraph is an individual who— 

(A) was eligible for participation as a member of the 

Armed Forces in the Post-Deployment/Mobilization Respite 

Absence program; but 

(B) as determined by the Secretary concerned pursuant 

to an application for the correction of the military records 

of such individual pursuant to section 1552 of title 10, 

United States Code, or other process as determined by 

the Secretary, did not participate in one or more days 

in the program for which the individual was so eligible 

due to Government error. 

(b) DECEASED INDIVIDUALS.— (1) APPLICATIONS.—If an individual otherwise covered by 

subsection (a) is deceased, the application required by that 

subsection shall be made by the individual’s legal representative. 

(2) PAYMENT.—If an individual to whom payment would 

be made under subsection (a) is deceased at time of payment, 

payment shall be made in the manner specified in section 

1552(c)(2) of title 10, United States Code, or other process 

as determined by the Secretary concerned. 

(c) PAYMENT IN LIEU OF ADMINISTRATIVE ABSENCE.—Payment 

under subsection (a) with respect to a day described in that subsection shall be in lieu of any entitlement of the individual concerned to a day of administrative absence for such day. 

(d) CONSTRUCTION.— (1) CONSTRUCTION WITH OTHER PAY.—Any payment with 

respect to an individual under subsection (a) is in addition 

to any other pay provided by law. 

(2) CONSTRUCTION OF AUTHORITY.—It is the sense of Congress that— 

(A) the sole purpose of the authority in this section 

is to remedy administrative errors; and 

(B) the authority in this section is not intended to 

establish any entitlement in connection with the PostDeployment/Mobilization Respite Absence program. 

(e) DEFINITIONS.—In this section, the terms ‘‘Post-Deployment/ 

Mobilization Respite Absence program’’ and ‘‘Secretary concerned’’ 

have the meaning given such terms in section 604(f) of the National 

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

84; 123 Stat. 2350). 

Subtitle B—Bonuses and Special and 

Incentive Pays 

SEC. 611. ONE-YEAR EXTENSION OF CERTAIN BONUS AND SPECIAL 

PAY AUTHORITIES FOR RESERVE FORCES. 

The following sections of title 37, United States Code, are 

amended by striking ‘‘December 31, 2012’’ and inserting ‘‘December 

31, 2013’’: 


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126 STAT. 1776 PUBLIC LAW 112–239—JAN. 2, 2013 

(1) Section 308b(g), relating to Selected Reserve reenlistment bonus. 

(2) Section 308c(i), relating to Selected Reserve affiliation 

or enlistment bonus. 

(3) Section 308d(c), relating to special pay for enlisted 

members assigned to certain high-priority units. 

(4) Section 308g(f)(2), relating to Ready Reserve enlistment 

bonus for persons without prior service. 

(5) Section 308h(e), relating to Ready Reserve enlistment 

and reenlistment bonus for persons with prior service. 

(6) Section 308i(f), relating to Selected Reserve enlistment 

and reenlistment bonus for persons with prior service. 

(7) Section 408a(e), relating to reimbursement of travel 

expenses for inactive-duty training outside of normal commuting distance. 

(8) Section 910(g), relating to income replacement payments 

for reserve component members experiencing extended and frequent mobilization for active duty service. 

SEC. 612. ONE-YEAR EXTENSION OF CERTAIN BONUS AND SPECIAL 

PAY AUTHORITIES FOR HEALTH CARE PROFESSIONALS. 

(a) TITLE 10 AUTHORITIES.—The following sections of title 10, 

United States Code, are amended by striking ‘‘December 31, 2012’’ 

and inserting ‘‘December 31, 2013’’: 

(1) Section 2130a(a)(1), relating to nurse officer candidate 

accession program. 

(2) Section 16302(d), relating to repayment of education 

loans for certain health professionals who serve in the Selected 

Reserve. 

(b) TITLE 37 AUTHORITIES.—The following sections of title 37, 

United States Code, are amended by striking ‘‘December 31, 2012’’ 

and inserting ‘‘December 31, 2013’’: 

(1) Section 302c–1(f), relating to accession and retention 

bonuses for psychologists. 

(2) Section 302d(a)(1), relating to accession bonus for registered nurses. 

(3) Section 302e(a)(1), relating to incentive special pay for 

nurse anesthetists. 

(4) Section 302g(e), relating to special pay for Selected 

Reserve health professionals in critically short wartime specialties. 

(5) Section 302h(a)(1), relating to accession bonus for dental 

officers. 

(6) Section 302j(a), relating to accession bonus for pharmacy 

officers. 

(7) Section 302k(f), relating to accession bonus for medical 

officers in critically short wartime specialties. 

(8) Section 302l(g), relating to accession bonus for dental 

specialist officers in critically short wartime specialties. 

SEC. 613. ONE-YEAR EXTENSION OF SPECIAL PAY AND BONUS 

AUTHORITIES FOR NUCLEAR OFFICERS. 

The following sections of title 37, United States Code, are 

amended by striking ‘‘December 31, 2012’’ and inserting ‘‘December 

31, 2013’’: 

(1) Section 312(f), relating to special pay for nuclear-qualified officers extending period of active service. 

37 USC 478a. 


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PUBLIC LAW 112–239—JAN. 2, 2013 126 STAT. 1777 

(2) Section 312b(c), relating to nuclear career accession 

bonus. 

(3) Section 312c(d), relating to nuclear career annual incentive bonus. 

SEC. 614. ONE-YEAR EXTENSION OF AUTHORITIES RELATING TO TITLE 

37 CONSOLIDATED SPECIAL PAY, INCENTIVE PAY, AND 

BONUS AUTHORITIES. 

The following sections of title 37, United States Code, are 

amended by striking ‘‘December 31, 2012’’ and inserting ‘‘December 

31, 2013’’: 

(1) Section 331(h), relating to general bonus authority for 

enlisted members. 

(2) Section 332(g), relating to general bonus authority for 

officers. 

(3) Section 333(i), relating to special bonus and incentive 

pay authorities for nuclear officers. 

(4) Section 334(i), relating to special aviation incentive 

pay and bonus authorities for officers. 

(5) Section 335(k), relating to special bonus and incentive 

pay authorities for officers in health professions. 

(6) Section 351(h), relating to hazardous duty pay. 

(7) Section 352(g), relating to assignment pay or special 

duty pay. 

(8) Section 353(i), relating to skill incentive pay or proficiency bonus. 

(9) Section 355(h), relating to retention incentives for members qualified in critical military skills or assigned to high 

priority units. 

SEC. 615. ONE-YEAR EXTENSION OF AUTHORITIES RELATING TO PAYMENT OF OTHER TITLE 37 BONUSES AND SPECIAL PAYS. 

The following sections of title 37, United States Code, are 

amended by striking ‘‘December 31, 2012’’ and inserting ‘‘December 

31, 2013’’: 

(1) Section 301b(a), relating to aviation officer retention 

bonus. 

(2) Section 307a(g), relating to assignment incentive pay. 

(3) Section 308(g), relating to reenlistment bonus for active 

members. 

(4) Section 309(e), relating to enlistment bonus. 

(5) Section 324(g), relating to accession bonus for new officers in critical skills. 

(6) Section 326(g), relating to incentive bonus for conversion 

to military occupational specialty to ease personnel shortage. 

(7) Section 327(h), relating to incentive bonus for transfer 

between armed forces. 

(8) Section 330(f), relating to accession bonus for officer 

candidates. 

SEC. 616. INCREASE IN MAXIMUM AMOUNT OF OFFICER AFFILIATION 

BONUS FOR OFFICERS IN THE SELECTED RESERVE. 

Section 308j(d) of title 37, United States Code, is amended 

by striking ‘‘$10,000’’ and inserting ‘‘$20,000’’. 


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126 STAT. 1778 PUBLIC LAW 112–239—JAN. 2, 2013 

SEC. 617. INCREASE IN MAXIMUM AMOUNT OF INCENTIVE BONUS FOR 

RESERVE COMPONENT MEMBERS WHO CONVERT MILITARY OCCUPATIONAL SPECIALTY TO EASE PERSONNEL 

SHORTAGES. 

Section 326(c)(1) of title 37, United States Code, is amended 

by striking ‘‘$4,000, in the case of a member of a regular component 

of the armed forces, and $2,000, in the case of a member of a 

reserve component of the armed forces.’’ and inserting ‘‘$4,000.’’. 

Subtitle C—Travel and Transportation 

Allowances 

SEC. 621. PERMANENT CHANGE OF STATION ALLOWANCES FOR MEMBERS OF SELECTED RESERVE UNITS FILLING A VACANCY 

IN ANOTHER UNIT AFTER BEING INVOLUNTARILY SEPARATED. 

(a) TRAVEL AND TRANSPORTATION ALLOWANCES GENERALLY.— 

Section 474 of title 37, United States Code, is amended— 

(1) in subsection (a)— 

(A) in paragraph (4), by striking ‘‘and’’ at the end; 

(B) in paragraph (5), by striking the period at the 

end and inserting ‘‘; and’’; and 

(C) by adding at the end the following new paragraph: 

‘‘(6) upon filling a vacancy in a Selected Reserve unit at 

a duty station that is more than 150 miles from the member’s 

residence if— 

‘‘(A) during the preceding three years the member was 

involuntarily separated under other than adverse conditions (as characterized by the Secretary concerned) while 

assigned to a unit of the Selected Reserve certified by 

the Secretary concerned as having been adversely affected 

by force structure reductions during the period beginning 

on October 1, 2012, and ending on December 31, 2018; 

‘‘(B) the involuntary separation occurred during the 

period beginning on October 1, 2012, and ending on 

December 31, 2018; and 

‘‘(C) the member is— 

‘‘(i) qualified in a skill designated as critically short 

by the Secretary concerned; or 

‘‘(ii) filling a vacancy in a Selected Reserve unit 

with a critical manpower shortage, or in a pay grade 

with a critical manpower shortage in such unit.’’; 

(2) in subsection (f), by adding at the end the following 

new paragraph: 

‘‘(4)(A) A member may be provided travel and transportation 

allowances under subsection (a)(6) only with respect to the filling 

of a vacancy in a Selected Reserve unit one time. 

‘‘(B) Regulations under this section shall provide that whenever 

travel and transportation allowances are paid under subsection 

(a)(6), the cost shall be borne by the unit filling the vacancy.’’; 

and 

(3) in subsection (j), by inserting ‘‘(except subsection (a)(6))’’ 

after ‘‘In this section’’. 

Regulations. 

Time periods. 


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PUBLIC LAW 112–239—JAN. 2, 2013 126 STAT. 1779 

(b) TRAVEL AND TRANSPORTATION ALLOWANCES FOR DEPEND- ENTS AND HOUSEHOLD EFFECTS.—Section 476 of such title is 

amended— 

(1) by redesignating subsections (l), (m), and (n) as subsections (m), (n), and (o), respectively; and 

(2) by inserting after subsection (k) the following new subsection (l): 

‘‘(l)(1) A member described in paragraph (2) is entitled to the 

travel and transportation allowances, including allowances with 

respect to dependents, authorized by this section upon filling a 

vacancy as described in that paragraph as if the member were 

undergoing a permanent change of station under orders in filling 

such vacancy. 

‘‘(2) A member described in this paragraph is a member who 

is filling a vacancy in a Selected Reserve unit at a duty station 

that is more than 150 miles from the member’s residence if— 

‘‘(A) during the three years preceding filling the vacancy, 

the member was involuntarily separated under other than 

adverse conditions (as characterized by the Secretary concerned) while assigned to a unit of the Selected Reserve certified 

by the Secretary concerned as having been adversely affected 

by force structure reductions during the period beginning on 

October 1, 2012, and ending on December 31, 2018; 

‘‘(B) the involuntary separation occurred during the period 

beginning on October 1, 2012, and ending on December 31, 

2018; and 

‘‘(C) the member is— 

‘‘(i) qualified in a skill designated as critically short 

by the Secretary concerned; or 

‘‘(ii) filling a vacancy in a Selected Reserve unit with 

a critical manpower shortage, or in a pay grade with a 

critical manpower shortage in such unit. 

‘‘(3) Any allowances authorized by this section that are payable 

under this subsection may be payable in advance if payable in 

advance to a member undergoing a permanent change of station 

under orders under the applicable provision of this section.’’. 

SEC. 622. AUTHORITY FOR COMPREHENSIVE PROGRAM FOR SPACEAVAILABLE TRAVEL ON DEPARTMENT OF DEFENSE AIRCRAFT. 

(a) PROGRAM AUTHORIZED.—Section 2641b of title 10, United 

States Code, is amended to read as follows: 

‘‘§ 2641b. Space-available travel on Department of Defense 

aircraft: program authorized and eligible recipients 

‘‘(a) AUTHORITY TO ESTABLISH PROGRAM.—(1) The Secretary 

of Defense may establish a program (in this section referred to 

as the ‘travel program’) to provide transportation on Department 

of Defense aircraft on a space-available basis to the categories 

of individuals eligible under subsection (c). 

‘‘(2) If the Secretary makes a determination to establish the 

travel program, the Secretary shall prescribe regulations for the 

operation of the travel program not later than one year after the 

date on which the determination was made. The regulations shall 

take effect on that date or such earlier date as the Secretary 

shall specify in the regulations. 

Determination. 

Regulations. 

Time periods. 


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126 STAT. 1780 PUBLIC LAW 112–239—JAN. 2, 2013 

‘‘(3) Not later than 30 days after making the determination 

to establish the travel program, the Secretary shall submit to the 

congressional defense committees an initial implementation report 

describing— 

‘‘(A) the basis for the determination; 

‘‘(B) any additional categories of individuals to be eligible 

for the travel program under subsection (c)(5); 

‘‘(C) how the Secretary will ensure that the travel program 

is established and operated in compliance with the conditions 

specified in subsection (b); and 

‘‘(D) the metrics by which the Secretary will monitor the 

travel program to determine the efficient and effective execution 

of the travel program. 

‘‘(b) CONDITIONS ON ESTABLISHMENT AND OPERATION.—(1) The 

Secretary of Defense shall operate the travel program in a budgetneutral manner. 

‘‘(2) No additional funds may be used, or flight hours performed, 

for the purpose of providing transportation under the travel program. 

‘‘(c) ELIGIBLE INDIVIDUALS.—Subject to subsection (d), the Secretary of Defense shall provide transportation under the travel 

program (if established) to the following categories of individuals: 

‘‘(1) Members of the armed forces on active duty. 

‘‘(2) Members of the Selected Reserve who hold a valid 

Uniformed Services Identification and Privilege Card. 

‘‘(3) Retired members of a regular or reserve component 

of the armed forces, including retired members of reserve 

components who, but for being under the eligibility age 

applicable under section 12731 of this title, would be eligible 

for retired pay under chapter 1223 of this title. 

‘‘(4) Such categories of dependents of individuals described 

in paragraphs (1) through (3) as the Secretary shall specify 

in the regulations under subsection (a), under such conditions 

and circumstances as the Secretary shall specify in such regulations. 

‘‘(5) Such other categories of individuals as the Secretary, 

in the discretion of the Secretary, considers appropriate. 

‘‘(d) PRIORITIES AND RESTRICTIONS.—In operating the travel 

program, the Secretary of Defense shall— 

‘‘(1) in the sole discretion of the Secretary, establish an 

order of priority for transportation under the travel program 

for categories of eligible individuals that is based on considerations of military necessity, humanitarian concerns, and 

enhancement of morale; 

‘‘(2) give priority in consideration of transportation under 

the travel program to the demands of members of the armed 

forces in the regular components and in the reserve components 

on active duty and to the need to provide such members, 

and their dependents, a means of respite from such demands; 

and 

‘‘(3) implement policies aimed at ensuring cost control (as 

required by subsection (b)) and the safety, security, and efficient 

processing of travelers, including limiting the benefit under 

the travel program to one or more categories of otherwise 

eligible individuals if considered necessary by the Secretary. 

‘‘(e) SPECIAL PRIORITY FOR RETIRED MEMBERS RESIDING IN

COMMONWEALTHS AND POSSESSIONS OF THE UNITED STATES WHO

Deadline. 

Reports. 


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PUBLIC LAW 112–239—JAN. 2, 2013 126 STAT. 1781 

NEED CERTAIN HEALTH CARE SERVICES.—(1) Notwithstanding subsection (d)(1), in establishing space-available transportation priorities under the travel program, the Secretary of Defense shall 

provide transportation for an individual described in paragraph 

(2), and a single dependent of the individual if needed to accompany 

the individual, at a priority level in the same category as the 

priority level for an unaccompanied dependent over the age of 

18 traveling on environmental and morale leave. 

‘‘(2) Subject to paragraph (3), paragraph (1) applies with respect 

to an individual described in subsection (c)(3) who— 

‘‘(A) resides in or is located in a Commonwealth or possession of the United States; and 

‘‘(B) is referred by a military or civilian primary care provider located in that Commonwealth or possession to a specialty 

care provider for services to be provided outside of that 

Commonwealth or possession. 

‘‘(3) If an individual described in subsection (c)(3) is a retired 

member of a reserve component who is ineligible for retired pay 

under chapter 1223 of this title by reason of being under the 

eligibility age applicable under section 12731 of this title, paragraph 

(1) applies to the individual only if the individual is also enrolled 

in the TRICARE program for certain members of the Retired 

Reserve authorized under section 1076e of this title. 

‘‘(4) The priority for space-available transportation required 

by this subsection applies with respect to both— 

‘‘(A) the travel from the Commonwealth or possession of 

the United States to receive the specialty care services; and 

‘‘(B) the return travel. 

‘‘(5) The requirement to provide transportation on Department 

of Defense aircraft on a space-available basis on the priority basis 

described in paragraph (1) to individuals covered by this subsection 

applies whether or not the travel program is established under 

this section. 

‘‘(6) In this subsection, the terms ‘primary care provider’ and 

‘specialty care provider’ refer to a medical or dental professional 

who provides health care services under chapter 55 of this title. 

‘‘(f) CONSTRUCTION.—The authority to provide transportation 

under the travel program is in addition to any other authority 

under law to provide transportation on Department of Defense 

aircraft on a space-available basis.’’. 

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 157 of such title is amended by striking the item 

relating to section 2641b and inserting the following new item: 

‘‘2641b. Space-available travel on Department of Defense aircraft: program authorized and eligible recipients.’’. 

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

SEC. 631. EXTENSION OF AUTHORITY TO PROVIDE TWO YEARS OF 

COMMISSARY AND EXCHANGE BENEFITS AFTER SEPARATION. 

(a) EXTENSION OF AUTHORITY.—Section 1146 of title 10, United 

States Code, is amended— 

10 USC 

prec. 2631. 

Definitions. 

Applicability. 

Applicability. 

Applicability. 


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126 STAT. 1782 PUBLIC LAW 112–239—JAN. 2, 2013 

(1) in subsection (a), by striking ‘‘2012’’ and inserting 

‘‘2018’’; and 

(2) in subsection (b), by striking ‘‘2012’’ and inserting 

‘‘2018’’. 

(b) CORRECTION OF REFERENCE TO ADMINISTERING SEC- RETARY.—Such section is further amended— 

(1) in subsection (a), by striking ‘‘The Secretary of Transportation’’ and inserting ‘‘The Secretary concerned’’; and 

(2) in subsection (b), by striking ‘‘The Secretary of Homeland Security’’ and inserting ‘‘The Secretary concerned’’. 

SEC. 632. TRANSITIONAL USE OF MILITARY FAMILY HOUSING. 

(a) RESUMPTION OF AUTHORITY TO AUTHORIZE TRANSITIONAL

USE.—Subsection (a) of section 1147 of title 10, United States 

Code, is amended— 

(1) in paragraph (1), by striking ‘‘October 1, 1990, and 

ending on December 31, 2001’’ and inserting ‘‘October 1, 2012, 

and ending on December 31, 2018’’; and 

(2) in paragraph (2), by striking ‘‘October 1, 1994, and 

ending on December 31, 2001’’ and inserting ‘‘October 1, 2012, 

and ending on December 31, 2018’’. 

(b) PROHIBITION ON PROVISION OF TRANSITIONAL BASIC ALLOWANCE FOR HOUSING.—Such section is further amended by adding 

at the end the following new subsection: 

‘‘(c) NO TRANSITIONAL BASIC ALLOWANCE FOR HOUSING.— 

Nothing in this section shall be construed to authorize the Secretary 

concerned to continue to provide for any period of time to an 

individual who is involuntarily separated all or any portion of 

a basic allowance for housing to which the individual was entitled 

under section 403 of title 37 immediately before being involuntarily 

separated, even in cases in which the individual or members of 

the individual’s household continue to reside after the separation 

in a housing unit acquired or constructed under the alternative 

authority of subchapter IV of chapter 169 of this title that is 

not owned or leased by the United States.’’. 

(c) CORRECTION OF REFERENCE TO ADMINISTERING SECRETARY.—Subsection (a)(2) of such section is further amended by 

striking ‘‘The Secretary of Transportation’’ and inserting ‘‘The Secretary concerned’’. 

Subtitle E—Disability, Retired Pay, and 

Survivor Benefits 

SEC. 641. REPEAL OF REQUIREMENT FOR PAYMENT OF SURVIVOR 

BENEFIT PLAN PREMIUMS WHEN PARTICIPANT WAIVES 

RETIRED PAY TO PROVIDE A SURVIVOR ANNUITY UNDER 

FEDERAL EMPLOYEES RETIREMENT SYSTEM AND TERMINATING PAYMENT OF THE SURVIVOR BENEFIT PLAN 

ANNUITY. 

(a) DEPOSITS NOT REQUIRED.—Section 1452(e) of title 10, 

United States Code, is amended— 

(1) in the subsection heading, by inserting ‘‘AND FERS’’ 

after ‘‘CSRS’’; 

(2) by inserting ‘‘or chapter 84 of such title’’ after ‘‘chapter 

83 of title 5’’; 

(3) by inserting ‘‘or 8416(a)’’ after ‘‘8339(j)’’; and 


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PUBLIC LAW 112–239—JAN. 2, 2013 126 STAT. 1783 

(4) by inserting ‘‘or 8442(a)’’ after ‘‘8341(b)’’. 

(b) CONFORMING AMENDMENTS.—Section 1450(d) of such title 

is amended— 

(1) by inserting ‘‘or chapter 84 of such title’’ after ‘‘chapter 

83 of title 5’’; 

(2) by inserting ‘‘or 8416(a)’’ after ‘‘8339(j)’’; and 

(3) by inserting ‘‘or 8442(a)’’ after ‘‘8341(b)’’. 

(c) APPLICATION OF AMENDMENTS.—The amendments made by 

this section shall apply with respect to any participant electing 

an annuity for survivors under chapter 84 of title 5, United States 

Code, on or after the date of the enactment of this Act. 

SEC. 642. REPEAL OF AUTOMATIC ENROLLMENT IN FAMILY 

SERVICEMEMBERS’ GROUP LIFE INSURANCE FOR MEMBERS OF THE ARMED FORCES MARRIED TO OTHER MEMBERS. 

Section 1967(a)(1) of title 38, United States Code, is amended— 

(1) in subparagraph (A)(ii), by inserting after ‘‘insurable 

dependent of the member’’ the following: ‘‘(other than a 

dependent who is also a member of a uniformed service and, 

because of such membership, is automatically insured under 

this paragraph)’’; and 

(2) in subparagraph (C)(ii), by inserting after ‘‘insurable 

dependent of the member’’ the following: ‘‘(other than a 

dependent who is also a member of a uniformed service and, 

because of such membership, is automatically insured under 

this paragraph)’’. 

SEC. 643. CLARIFICATION OF COMPUTATION OF COMBAT-RELATED 

SPECIAL COMPENSATION FOR CHAPTER 61 DISABILITY 

RETIREES. 

(a) IN GENERAL.—Section 1413a(b)(3) of title 10, United States 

Code, is amended by striking ‘‘shall be reduced by the amount 

(if any) by which the amount of the member’s retired pay under 

chapter 61 of this title exceeds’’ both places it appears and inserting 

‘‘may not, when combined with the amount of retired pay payable 

to the retiree after any such reduction under sections 5304 and 

5305 of title 38, cause the total of such combined payment to 

exceed’’. 

(b) EFFECTIVE DATE.—The amendment made by this section 

shall take effect as of January 1, 2013, and shall apply to payments 

for months beginning on or after that date. 

Subtitle F—Commissary and Nonappropriated Fund Instrumentality Benefits and Operations 

SEC. 651. REPEAL OF CERTAIN RECORDKEEPING AND REPORTING 

REQUIREMENTS APPLICABLE TO COMMISSARY AND 

EXCHANGE STORES OVERSEAS. 

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

amended by striking subsections (b) and (c). 

(b) CONFORMING AMENDMENTS.—Such section is further 

amended— 

Applicability. 

10 USC 1413a 

note. 

10 USC 1450 

note. 


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126 STAT. 1784 PUBLIC LAW 112–239—JAN. 2, 2013 

(1) by striking ‘‘GENERAL AUTHORITY.—(1)’’ and inserting 

‘‘AUTHORITY TO ESTABLISH RESTRICTIONS.—’’; 

(2) by striking ‘‘(2)’’ and inserting ‘‘(b) LIMITATIONS ON

USE OF AUTHORITY.—’’; and 

(3) by redesignating subparagraphs (A) and (B) as paragraphs (1) and (2), respectively. 

SEC. 652. TREATMENT OF FISHER HOUSE FOR THE FAMILIES OF THE 

FALLEN AND MEDITATION PAVILION AT DOVER AIR FORCE 

BASE, DELAWARE, AS A FISHER HOUSE. 

(a) FISHER HOUSES AND AUTHORIZED FISHER HOUSE RESIDENTS.—Subsection (a) of section 2493 of title 10, United States 

Code, is amended— 

(1) in paragraph (1)(B), by striking ‘‘by patients’’ and all 

that follows through ‘‘such patients;’’ and inserting ‘‘by authorized Fisher House residents;’’; 

(2) by redesignating paragraph (2) as paragraph (3); 

(3) by inserting after paragraph (1) the following new paragraph: 

‘‘(2) The term ‘Fisher House’ includes the Fisher House 

for the Families of the Fallen and Meditation Pavilion at Dover 

Air Force Base, Delaware, so long as such facility is available 

for residential use on a temporary basis by authorized Fisher 

House residents.’’; and 

(4) by adding at the end the following new paragraph: 

‘‘(4) The term ‘authorized Fisher House residents’ means 

the following: 

‘‘(A) With respect to a Fisher House described in paragraph (1) that is located in proximity to a health care 

facility of the Army, the Air Force, or the Navy, the following persons: 

‘‘(i) Patients of that health care facility. 

‘‘(ii) Members of the families of such patients. 

‘‘(iii) Other persons providing the equivalent of 

familial support for such patients. 

‘‘(B) With respect to the Fisher House described in 

paragraph (2), the following persons: 

‘‘(i) The primary next of kin of a member of the 

armed forces who dies while located or serving overseas. 

‘‘(ii) Other family members of the deceased member 

who are eligible for transportation under section 

481f(e) of title 37. 

‘‘(iii) An escort of a family member described in 

clause (i) or (ii).’’. 

(b) CONFORMING AMENDMENTS.—Subsections (b), (e), and (f) 

of such section are amended by striking ‘‘health care’’ each place 

it appears. 

(c) REPEAL OF FISCAL YEAR 2012 FREESTANDING DESIGNATION.—Section 643 of the National Defense Authorization Act for 

Fiscal Year 2012 (Public Law 112–81; 125 Stat. 1466) is repealed. 

Definition. 

Definition. 


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PUBLIC LAW 112–239—JAN. 2, 2013 126 STAT. 1785 

Subtitle G—Military Lending 

SEC. 661. ADDITIONAL ENHANCEMENTS OF PROTECTIONS ON CONSUMER CREDIT FOR MEMBERS OF THE ARMED FORCES 

AND THEIR DEPENDENTS. 

(a) PROTECTIONS AGAINST DIFFERENTIAL TREATMENT ON CON- SUMER CREDIT UNDER STATE LAW.—Subsection (d)(2) of section 

987 of title 10, United States Code, is amended— 

(1) in subparagraph (A), by inserting ‘‘any consumer credit 

or’’ before ‘‘loans’’; and 

(2) in subparagraph (B), by inserting ‘‘covering consumer 

credit’’ after ‘‘State consumer lending protections’’. 

(b) REGULAR CONSULTATIONS ON PROTECTION.—Subsection 

(h)(3) of such section is amended— 

(1) in the matter preceding subparagraph (A), by inserting 

‘‘and not less often than once every two years thereafter,’’ 

after ‘‘under this subsection,’’; and 

(2) by striking subparagraph (E) and inserting the following 

new subparagraph: 

‘‘(E) The Bureau of Consumer Financial Protection.’’. 

(c) EFFECTIVE DATE.— (1) MODIFICATION OF REGULATIONS.—The Secretary of 

Defense shall modify the regulations prescribed under subsection (h) of section 987 of title 10, United States Code, to 

take into account the amendments made by subsection (a). 

(2) EFFECTIVE DATE.—The amendments made by subsection 

(a) shall take effect on— 

(A) the date that is one year after the date of the 

enactment of this Act; or 

(B) such earlier date as the Secretary shall specify 

in the modification of regulations required by paragraph 

(1). 

(3) PUBLICATION OF EARLIER DATE.—If the Secretary specifies an earlier effective date for the amendments made by 

subsection (a) pursuant to paragraph (2)(B), the Secretary shall 

publish notice of such earlier effective date in the Federal 

Register not later than 90 days before such earlier effective 

date. 

SEC. 662. EFFECT OF VIOLATIONS OF PROTECTIONS ON CONSUMER 

CREDIT EXTENDED TO MEMBERS OF THE ARMED FORCES 

AND THEIR DEPENDENTS. 

(a) CIVIL LIABILITY.—Section 987(f) of title 10, United States 

Code, is amended by adding at the end the following new paragraph: 

‘‘(5) CIVIL LIABILITY.— 

‘‘(A) IN GENERAL.—A person who violates this section 

with respect to any person is civilly liable to such person 

for— 

‘‘(i) any actual damage sustained as a result, but 

not less than $500 for each violation; 

‘‘(ii) appropriate punitive damages; 

‘‘(iii) appropriate equitable or declaratory relief; 

and 

‘‘(iv) any other relief provided by law. 

‘‘(B) COSTS OF THE ACTION.—In any successful action 

to enforce the civil liability described in subparagraph (A), 

Federal Register, 

publication. 

Deadline. 

10 USC 987 note. 


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126 STAT. 1786 PUBLIC LAW 112–239—JAN. 2, 2013 

the person who violated this section is also liable for the 

costs of the action, together with reasonable attorney fees 

as determined by the court. 

‘‘(C) EFFECT OF FINDING OF BAD FAITH AND HARASSMENT.—In any successful action by a defendant under this 

section, if the court finds the action was brought in bad 

faith and for the purpose of harassment, the plaintiff is 

liable for the attorney fees of the defendant as determined 

by the court to be reasonable in relation to the work 

expended and costs incurred. 

‘‘(D) DEFENSES.—A person may not be held liable for 

civil liability under this paragraph if the person shows 

by a preponderance of evidence that the violation was 

not intentional and resulted from a bona fide error notwithstanding the maintenance of procedures reasonably 

adapted to avoid any such error. Examples of a bona fide 

error include clerical, calculation, computer malfunction 

and programming, and printing errors, except that an error 

of legal judgment with respect to a person’s obligations 

under this section is not a bona fide error. 

‘‘(E) JURISDICTION, VENUE, AND STATUTE OF LIMITATIONS.—An action for civil liability under this paragraph 

may be brought in any appropriate United States district 

court, without regard to the amount in controversy, or 

in any other court of competent jurisdiction, not later than 

the earlier of— 

‘‘(i) two years after the date of discovery by the 

plaintiff of the violation that is the basis for such 

liability; or 

‘‘(ii) five years after the date on which the violation 

that is the basis for such liability occurs.’’. 

(b) ENFORCEMENT AUTHORITY.—Such section is further 

amended by inserting after paragraph (5), as added by subsection 

(a), the following new paragraph: 

‘‘(6) ADMINISTRATIVE ENFORCEMENT.—The provisions of this 

section (other than paragraph (1) of this subsection) shall be 

enforced by the agencies specified in section 108 of the Truth 

in Lending Act (15 U.S.C. 1607) in the manner set forth in 

that section or under any other applicable authorities available 

to such agencies by law.’’. 

(c) APPLICATION OF AMENDMENT.—The amendment made by 

subsection (a) shall apply with respect to consumer credit extended 

on or after the date of the enactment of this Act. 

SEC. 663. CONSISTENT DEFINITION OF DEPENDENT FOR PURPOSES 

OF APPLYING LIMITATIONS ON TERMS OF CONSUMER 

CREDIT EXTENDED TO CERTAIN MEMBERS OF THE ARMED 

FORCES AND THEIR DEPENDENTS. 

Paragraph (2) of section 987(i) of title 10, United States Code, 

is amended to read as follows: 

‘‘(2) DEPENDENT.—The term ‘dependent’, with respect to 

a covered member, means a person described in subparagraph 

(A), (D), (E), or (I) of section 1072(2) of this title.’’. 

10 USC 987 note. 

Deadline. 


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PUBLIC LAW 112–239—JAN. 2, 2013 126 STAT. 1787 

Subtitle H—Military Compensation and 

Retirement Modernization Commission 

SEC. 671. PURPOSE, SCOPE, AND DEFINITIONS. 

(a) PURPOSE.—The purpose of this subtitle is to establish the 

Military Compensation and Retirement Modernization Commission 

to conduct a review of the military compensation and retirement 

systems and to make recommendations to modernize such systems 

in order to— 

(1) ensure the long-term viability of the All-Volunteer Force 

by sustaining the required human resources of that force during 

all levels of conflict and economic conditions; 

(2) enable the quality of life for members of the Armed 

Forces and the other uniformed services and their families 

in a manner that fosters successful recruitment, retention, and 

careers for members of the Armed Forces and the other uniformed services; and 

(3) modernize and achieve fiscal sustainability for the compensation and retirement systems for the Armed Forces and 

the other uniformed services for the 21st century. 

(b) SCOPE OF REVIEW.— (1) REQUIRED ELEMENTS OF REVIEW.—In order to provide 

the fullest understanding of the matters required to balance 

the primary purpose of the review specified in subsection (a), 

the Commission shall make its recommendations for changes 

to the military compensation and retirement systems only 

after— 

(A) examining all laws, policies, and practices of the 

Federal Government that result in any direct payment 

of authorized or appropriated funds to— 

(i) current and former members (veteran and 

retired) of the uniformed services, including the reserve 

components of those services; and 

(ii) the spouses, family members, children, survivors, and other persons authorized to receive such 

payments as a result of their connection to the members of the uniformed services named in clause (i); 

(B) examining all laws, policies, and practices of the 

Federal Government that result in any expenditure of 

authorized or appropriated funds to support the persons 

named in subparagraph (A) and their quality of life, 

including— 

(i) health, disability, survivor, education, and 

dependent support programs of the Department of 

Defense and the Department of Veterans Affairs, 

including outlays from the various Federal trust funds 

supporting those programs; 

(ii) Department of Education impact aid; 

(iii) support or funding provided to States, territories, colleges and universities; 

(iv) Department of Defense morale, recreation, and 

welfare programs, the resale programs (military 

exchanges and commissaries), and dependent school 

system; 

(v) the tax treatment of military compensation and 

benefits; and 

Recommendations. 

Establishment. 


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(vi) military family housing; and 

(C) such other matters as the Commission considers 

appropriate. 

(2) PRIORITIES.—In weighing its recommendations on those 

matters necessary to sustain the human resources of the AllVolunteer Force, the Commission shall— 

(A) pay particular attention to the interrelationships 

and interplay of impact between and among the various 

programs of the Federal Government, especially as those 

programs influence decisions of persons about joining the 

uniformed services and of members of the uniformed services about remaining in the those services; and 

(B) closely weigh its recommendations regarding the 

web of interrelated programs supporting spouses and families of members of the uniformed services, so that changes 

in such programs do not adversely impact decisions to 

remain in the uniformed services. 

(3) EXCEPTION.—The Commission shall not examine any 

program that uses appropriated funding for initial entry 

training or unit training of members of the uniformed services. 

(c) DEFINITIONS.—In this subtitle: 

(1) The term ‘‘Armed Forces’’ has the meaning given the 

term ‘‘armed forces’’ in section 101(a)(4) of title 10, United 

States Code. 

(2) The term ‘‘Commission’’ means the Military Compensation and Retirement Modernization Commission established by 

section 672. 

(3) The term ‘‘Commission establishment date’’ means the 

first day of the first month beginning on or after the date 

of the enactment of this Act. 

(4) The term ‘‘military compensation and retirement systems’’ means the military compensation system and the military 

retirement system. 

(5) The term ‘‘military compensation system’’ means provisions of law providing eligibility for and the computation of 

military compensation, including regular military compensation, special and incentive pays and allowances, medical and 

dental care, educational assistance and related benefits, and 

commissary and exchange benefits and related benefits and 

activities. 

(6) The term ‘‘military retirement system’’ means retirement benefits, including retired pay based upon service in 

the uniformed services and survivor annuities based upon such 

service. 

(7) The term ‘‘Secretary’’ means the Secretary of Defense. 

(8) The term ‘‘uniformed services’’ has the meaning given 

that term in section 101(a)(5) of title 10, United States Code. 

(9) The terms ‘‘veterans service organization’’ and ‘‘militaryrelated advocacy group or association’’ mean an organization 

whose primary purpose is to advocate for veterans, military 

personnel, military retirees, or military families. 

SEC. 672. MILITARY COMPENSATION AND RETIREMENT MODERNIZATION COMMISSION. 

(a) ESTABLISHMENT.—There is established in the executive 

branch an independent commission to be known as the Military 

Compensation and Retirement Modernization Commission. The 


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Commission shall be considered an independent establishment of 

the Federal Government as defined by section 104 of title 5, United 

States Code, and a temporary organization under section 3161 

of such title. 

(b) MEMBERSHIP.— (1) NUMBER AND APPOINTMENT.—The Commission shall be 

composed of nine members appointed as follows: 

(A) The President shall appoint one member. 

(B) The Majority Leader of the Senate, in consultation 

with the Chairman of the Committee on Armed Services 

of the Senate, shall appoint two members. 

(C) The Minority Leader of the Senate, in consultation 

with the Ranking Member of the Committee on Armed 

Services of the Senate, shall appoint two members. 

(D) The Speaker of the House of Representatives, in 

consultation with the Chairman of the Committee on 

Armed Services of the House of Representatives, shall 

appoint two members. 

(E) The Minority Leader of the House of Representatives, in consultation with the Ranking Member of the 

Committee on Armed Services of the House of Representatives, shall appoint two members. 

(2) DEADLINE FOR APPOINTMENT.—Members shall be 

appointed to the Commission under paragraph (1) not later 

than four months after the Commission establishment date. 

(3) QUALIFICATIONS OF INDIVIDUALS APPOINTED.—In 

appointing members of the Commission, the President and 

Members of Congress specified in paragraph (1) shall ensure 

that, collectively, there are members with significant expertise 

regarding the matters described in section 671. The types of 

specific expertise and experience to be considered include the 

following: 

(A) Federal civilian employee compensation and retirement. 

(B) Military compensation and retirement. 

(C) Private sector compensation, retirement, or human 

resource systems. 

(D) Active duty service in a regular component of the 

uniformed services. 

(E) Service in a reserve component. 

(F) Experience as a spouse of a member of the uniformed services. 

(G) Service as an enlisted member of the uniformed 

services. 

(H) Military family policy development and 

implementation. 

(I) Department of Veterans Affairs benefit programs. 

(J) Actuarial science. 

(4) LIMITATION.—An individual who, within the preceding 

year, has been employed by a veterans service organization 

or military-related advocacy group or association may not be 

appointed to the Commission. 

(c) CHAIR.—The President shall designate one of the members 

of the Commission to be Chair of the Commission. The individual 

designated as Chair of the Commission shall be a person who 

has expertise in the military compensation and retirement systems. 

The Chair, or the designee of the Chair, shall preside over meetings 

President. 

President. 

Congress. 

President. 


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of the Commission and be responsible for establishing the agenda 

of Commission meetings and hearings. 

(d) TERMS.—Members shall be appointed for the life of the 

Commission. A vacancy in the Commission shall not affect its 

powers, and shall be filled in the same manner as the original 

appointment was made. 

(e) STATUS AS FEDERAL EMPLOYEES.—Notwithstanding the 

requirements of section 2105 of title 5, United States Code, 

including the required supervision under subsection (a)(3) of such 

section, the members of the Commission shall be deemed to be 

Federal employees. 

(f) PAY FOR MEMBERS OF THE COMMISSION.— (1) IN GENERAL.—Each member, other than the Chair, of 

the Commission shall be paid at a rate equal to the daily 

equivalent of the annual rate of basic pay payable for level 

IV of the Executive Schedule under section 5315 of title 5, 

United States Code, for each day (including travel time) during 

which the member is engaged in the actual performance of 

duties vested in the Commission. 

(2) CHAIR.—The Chair of the Commission shall be paid 

at a rate equal to the daily equivalent of the annual rate 

of basic pay payable for level III of the Executive Schedule 

under section 5314, of title 5, United States Code, for each 

day (including travel time) during which the member is engaged 

in the actual performance of duties vested in the Commission. 

SEC. 673. COMMISSION HEARINGS AND MEETINGS. 

(a) IN GENERAL.—The Commission shall conduct hearings on 

the recommendations it is taking under consideration. Any such 

hearing, except a hearing in which classified information is to 

be considered, shall be open to the public. Any hearing open to 

the public shall be announced on a Federal website at least 14 

days in advance. For all hearings open to the public, the Commission 

shall release an agenda and a listing of materials relevant to 

the topics to be discussed. 

(b) MEETINGS.— 

(1) INITIAL MEETING.—The Commission shall hold its initial 

meeting not later than 30 days after the date as of which 

all members have been appointed. 

(2) SUBSEQUENT MEETINGS.—After its initial meeting, the 

Commission shall meet upon the call of the Chair or a majority 

of its members. 

(3) PUBLIC MEETINGS.—Each meeting of the Commission 

shall be held in public unless any member objects. 

(c) QUORUM.—Five members of the Commission shall constitute 

a quorum, but a lesser number may hold hearings. 

(d) PUBLIC COMMENTS.— 

(1) SOLICITATION.—The Commission shall seek written comments from the general public and interested parties on measures to modernize the military compensation and retirement 

systems. Comments shall be requested through a solicitation 

in the Federal Register and announcement on the Internet 

website of the Commission. 

(2) PERIOD FOR SUBMITTAL.—The period for the submittal 

of comments pursuant to the solicitation under paragraph (1) 

shall end not earlier than 30 days after the date of the solicitation and shall end on or before the date on which the Secretary 

Federal Register, 

publication. 

Web posting. 

Lists. 

Public 

information. 

Web posting. 

Deadlines. 


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transmits the recommendations of the Secretary to the Commission under section 674(b). 

(3) USE BY COMMISSION.—The Commission shall consider 

the comments submitted under this subsection when developing 

its recommendations. 

(e) SPACE FOR USE OF COMMISSION.—Not later than 90 days 

after the date of the enactment of this Act, the Administrator 

of General Services, in consultation with the Secretary, shall identify and make available suitable excess space within the Federal 

space inventory to house the operations of the Commission. If 

the Administrator is not able to make such suitable excess space 

available within such 90-day period, the Commission may lease 

space to the extent the funds are available. 

(f) CONTRACTING AUTHORITY.—The Commission may acquire 

administrative supplies and equipment for Commission use to the 

extent funds are available. 

SEC. 674. PRINCIPLES AND PROCEDURE FOR COMMISSION RECOMMENDATIONS. 

(a) CONTEXT OF COMMISSION REVIEW.—The Commission shall 

conduct a review of the matters described in section 671, including 

current military compensation and retirement systems, force 

management objectives, and changes in life expectancy and the 

labor force. 

(b) DEVELOPMENT OF COMMISSION RECOMMENDATIONS.— 

(1) CONSISTENCY WITH PRESIDENTIAL PRINCIPLES.—Subject 

to paragraph (2), the Commission shall develop recommendations that are consistent with the principles established by 

the President under subsection (c) and section 671. 

(2) GRANDFATHERING OF RETIRED PAY.— 

(A) CONDITIONS.—In developing its recommendations, 

the Commission shall comply with the following conditions 

with regard to the treatment of retired pay for members 

and retired members of the uniformed services who joined 

a uniformed service before the date of the enactment of 

an Act to modernize the military compensation and retirement systems: 

(i) For members of the uniformed services as of 

such date, who became members before the enactment 

of such an Act, the monthly amount of their retired 

pay may not be less than they would have received 

under the current military compensation and retirement system, nor may the date at which they are 

eligible to receive their military retired pay be adjusted 

to the financial detriment of the member. 

(ii) For members of the uniformed services retired 

as of such date, the eligibility for and receipt of their 

retired pay may not be adjusted pursuant to any 

change made by the enactment of such an Act. 

(B) VOLUNTARY ELECTION EXCEPTION.—Nothing in 

subparagraph (A) prevents a member described in such 

subparagraph from voluntarily electing to be covered under 

the provisions of an Act to modernize the military compensation and retirement systems. 

(c) PRESIDENTIAL PRINCIPLES.—Not later than five months after 

the Commission establishment date, the President shall establish 

Deadline. 

Compliance. 


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and transmit to the Commission and Congress principles for modernizing the military compensation and retirement systems. The 

principles established by the President shall address the following: 

(1) Maintaining recruitment and retention of the best military personnel. 

(2) Modernizing the regular and reserve military compensation and retirement systems. 

(3) Differentiating between regular and reserve military 

service. 

(4) Differentiating between service in the Armed Forces 

and service in the other uniformed services. 

(5) Assisting with force management. 

(6) Ensuring the fiscal sustainability of the military compensation and retirement systems. 

(7) Compliance with the purpose and scope of the review 

prescribed in section 671. 

(d) SECRETARY OF DEFENSE RECOMMENDATIONS.— 

(1) DEADLINE.—Not later than nine months after the 

Commission establishment date, the Secretary shall transmit 

to the Commission the recommendations of the Secretary for 

modernization of the military compensation and retirement 

systems. The Secretary shall concurrently transmit the recommendations to Congress. 

(2) DEVELOPMENT OF RECOMMENDATIONS.—The Secretary 

shall develop the recommendations of the Secretary under paragraph (1)— 

(A) on the basis of the principles established by the 

President pursuant to subsection (c); 

(B) in consultation with the Secretary of Homeland 

Security, with respect to recommendations concerning 

members of the Coast Guard; 

(C) in consultation with the Secretary of Health and 

Human Services, with respect to recommendations concerning members of the Public Health Service; 

(D) in consultation with the Secretary of Commerce, 

with respect to recommendations concerning members of 

the National Oceanic and Atmospheric Administration; and 

(E) in consultation with the Director of the Office of 

Management and Budget. 

(3) JUSTIFICATION.—The Secretary shall include with the 

recommendations under paragraph (1) the justification of the 

Secretary for each recommendation. 

(4) AVAILABILITY OF INFORMATION.—The Secretary shall 

make available to the Commission and to Congress the information used by the Secretary to prepare the recommendations 

of the Secretary under paragraph (1). 

(e) COMMISSION HEARINGS ON RECOMMENDATIONS OF SECRETARY.—After receiving from the Secretary the recommendations 

of the Secretary for modernization of the military compensation 

and retirement systems under subsection (d), the Commission shall 

conduct public hearings on the recommendations. 

(f) COMMISSION REPORT AND RECOMMENDATIONS.— 

(1) REPORT.—Not later than 15 months after the Commission establishment date, the Commission shall transmit to the 

President a report containing the findings and conclusions of 

the Commission, together with the recommendations of the 

Commission for the modernization of the military compensation 

Public 

information. 


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and retirement systems. The Commission shall include in the 

report legislative language to implement the recommendations 

of the Commission. The findings and conclusions in the report 

shall be based on the review and analysis by the Commission 

of the recommendations made by the Secretary under subsection (d). 

(2) REQUIREMENT FOR APPROVAL.—The recommendations 

of the Commission must be approved by at least five members 

of the Commission before the recommendations may be transmitted to the President under paragraph (1). 

(3) PROCEDURES FOR CHANGING RECOMMENDATIONS OF SECRETARY.—The Commission may make a change described in 

paragraph (4) in the recommendations made by the Secretary 

only if the Commission— 

(A) determines that the change is consistent with the 

principles established by the President under subsection 

(c); 

(B) publishes a notice of the proposed change not less 

than 45 days before transmitting its recommendations to 

the President pursuant to paragraph (1); and 

(C) conducts a public hearing on the proposed change. 

(4) COVERED CHANGES.—Paragraph (3) applies to a change 

by the Commission in the recommendations of the Secretary 

that would— 

(A) add a new recommendation; 

(B) delete a recommendation; or 

(C) substantially change a recommendation. 

(5) EXPLANATION AND JUSTIFICATION FOR CHANGES.—The 

Commission shall explain and justify in its report submitted 

to the President under paragraph (1) any recommendation made 

by the Commission that is different from the recommendations 

made by the Secretary under subsection (d). 

(6) TRANSMITTAL TO CONGRESS.—The Commission shall 

transmit a copy of its report to Congress on the same date 

on which it transmits its report to the President under paragraph (1). 

SEC. 675. CONSIDERATION OF COMMISSION RECOMMENDATIONS BY 

THE PRESIDENT. 

(a) REPORT OF PRESIDENTIAL APPROVAL OR DISAPPROVAL.—Not 

later than 60 days after the date on which the Commission transmits its report to the President under section 674, the President 

shall transmit to the Commission and to Congress a report containing the approval or disapproval by the President of the recommendations of the Commission in the report. 

(b) PRESIDENTIAL APPROVAL.—If in the report under subsection 

(a) the President approves all the recommendations of the Commission, the President shall include with the report the following: 

(1) A copy of the recommendations of the Commission. 

(2) The certification by the President of the approval of 

the President of each recommendation. 

(3) The legislative language transmitted by the Commission 

to the President as part of the report of the Commission. 

(c) PRESIDENTIAL DISAPPROVAL.— 

(1) REASONS FOR DISAPPROVAL.—If in the report under subsection (a) the President disapproves the recommendations of 

Certification. 

Records. 

Records. 

Public 

information. 

Applicability. 

Notice. 

Deadline. 

Determination. 


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the Commission, in whole or in part, the President shall include 

in the report the reasons for that disapproval. 

(2) REVISED RECOMMENDATIONS FROM COMMISSION.—Not 

later than one month after the date of the report of the President under subsection (a) disapproving the recommendations 

of the Commission, the Commission shall transmit to the President revised recommendations for the modernization of the 

military compensation and retirement systems, together with 

revised legislative language to implement the revised recommendations of the Commission. 

(3) ACTION ON REVISED RECOMMENDATIONS.—If the President approves all of the revised recommendations of the 

Commission transmitted pursuant to paragraph (2), the President shall transmit to Congress, not later than one month 

after receiving the revised recommendations, the following: 

(A) A copy of the revised recommendations. 

(B) The certification by the President of the approval 

of the President of each recommendation as so revised. 

(C) The revised legislative language transmitted to 

the President. 

(d) TERMINATION OF COMMISSION.—If the President does not 

transmit to Congress an approval and certification described in 

subsection (b) or (c)(3) in accordance with the applicable deadline 

under such subsection, the Commission shall be terminated not 

later than one month after the expiration of the period for transmittal of a report under subsection (c)(3). 

SEC. 676. EXECUTIVE DIRECTOR. 

(a) APPOINTMENT.—The Commission shall appoint and fix the 

rate of basic pay for an Executive Director in accordance with 

section 3161 of title 5, United States Code. 

(b) LIMITATIONS.—The Executive Director may not have served 

on active duty in the Armed Forces or as a civilian employee 

of the Department of Defense during the one-year period preceding 

the date of such appointment and may not have been employed 

by a veterans service organization or a military-related advocacy 

group or association during that one-year period. 

SEC. 677. STAFF. 

(a) IN GENERAL.—Subject to subsections (b) and (c), the Executive Director, with the approval of the Commission, may appoint 

and fix the rate of basic pay for additional personnel as staff 

of the Commission in accordance with section 3161 of title 5, United 

States Code. 

(b) LIMITATIONS ON STAFF.— (1) NUMBER OF DETAILEES FROM EXECUTIVE DEPARTMENT.— Not more than one-third of the personnel employed by or 

detailed to the Commission may be on detail from the Department of Defense and other executive branch departments. 

(2) PRIOR DUTIES WITHIN EXECUTIVE BRANCH.—A person 

may not be detailed from the Department of Defense or other 

executive branch department to the Commission if, in the year 

before the detail is to begin, that person participated personally 

and substantially in any matter concerning the preparation 

of recommendations for military compensation and retirement 

modernization. 

(3) NUMBER OF DETAILEES ELIGIBLE FOR MILITARY RETIRED

PAY.—Not more than one-fourth of the personnel employed 

Certification. 

Records. 

Deadline. 

Deadline. 


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by or detailed to the Commission may be persons eligible for 

or receiving military retired pay. 

(4) PRIOR EMPLOYMENT WITH CERTAIN ORGANIZATIONS.— 

A person may not be employed by or detailed to the Commission 

if, in the year before the employment or detail is to begin, 

that person was employed by a veterans service organization 

or a military-related advocacy group or association. 

(c) LIMITATIONS ON PERFORMANCE REVIEWS.—No member of 

the uniformed services, and no officer or employee of the Department of Defense or other executive branch department, may— 

(1) prepare any report concerning the effectiveness, fitness, 

or efficiency of the performance of the staff of the Commission 

or any person detailed to that staff; 

(2) review the preparation of such a report; or 

(3) approve or disapprove such a report. 

SEC. 678. JUDICIAL REVIEW PRECLUDED. 

The following shall not be subject to judicial review: 

(1) Actions of the President, the Secretary, and the Commission under section 674. 

(2) Actions of the President under section 675. 

SEC. 679. TERMINATION. 

Except as otherwise provided in this title, the Commission 

shall terminate not later than 26 months after the Commission 

establishment date. 

SEC. 680. FUNDING. 

Of the amounts authorized to be appropriated by this Act 

for the Department of Defense for fiscal year 2013, up to 

$10,000,000 shall be made available to the Commission to carry 

out its duties under this subtitle. Funds made available to the 

Commission under the preceding sentence shall remain available 

until expended. 

Subtitle I—Other Matters 

SEC. 681. EQUAL TREATMENT FOR MEMBERS OF COAST GUARD 

RESERVE CALLED TO ACTIVE DUTY UNDER TITLE 14, 

UNITED STATES CODE. 

(a) INCLUSION IN DEFINITION OF CONTINGENCY OPERATION.— 

Section 101(a)(13)(B) of title 10, United States Code, is amended 

by inserting ‘‘section 712 of title 14,’’ after ‘‘chapter 15 of this 

title,’’. 

(b) CREDIT OF SERVICE TOWARDS REDUCTION OF ELIGIBILITY

AGE FOR RECEIPT OF RETIRED PAY FOR NON-REGULAR SERVICE.— 

Section 12731(f)(2)(B) of title 10, United States Code, is amended 

by adding at the end the following new clause: 

‘‘(iv) Service on active duty described in this subparagraph 

is also service on active duty pursuant to a call or order to active 

duty authorized by the Secretary of Homeland Security under section 712 of title 14 for purposes of emergency augmentation of 

the Regular Coast Guard forces.’’. 

(c) POST 9/11 EDUCATIONAL ASSISTANCE.—Section 3301(1)(B) 

of title 38, United States Code, is amended by inserting ‘‘or section 

712 of title 14’’ after ‘‘title 10’’. 

(d) RETROACTIVE APPLICATION OF AMENDMENTS.— 10 USC 101 note. 


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126 STAT. 1796 PUBLIC LAW 112–239—JAN. 2, 2013 

(1) INCLUSION OF PRIOR ORDERS.—The amendments made 

by this section shall apply to any call or order to active duty 

authorized under section 712 of title 14, United States Code, 

on or after December 31, 2011, by the Secretary of the executive 

department in which the Coast Guard is operating. 

(2) CREDIT FOR PRIOR SERVICE.—The amendments made 

by this section shall be deemed to have been enacted on 

December 31, 2011, for purposes of applying the amendments 

to the following provisions of law: 

(A) Section 5538 of title 5, United States Code, relating 

to nonreduction in pay. 

(B) Section 701 of title 10, United States Code, relating 

to the accumulation and retention of leave. 

(C) Section 12731 of title 10, United States Code, 

relating to age and service requirements for receipt of 

retired pay for non-regular service. 

SEC. 682. REPORT REGARDING DEPARTMENT OF VETERANS AFFAIRS 

CLAIMS PROCESS TRANSFORMATION PLAN. 

(a) REPORT REQUIRED.—Not later than 60 days after the date 

of the enactment of this Act, the Secretary of Veterans Affairs 

shall submit to the Committees on Armed Forces and the Committees on Veterans’ Affairs of the Senate and House of Representatives 

a report on the plan of the Secretary of Veterans Affairs to reduce 

the backlog of claims for benefits under laws administered by the 

Secretary that are pending as of the date of the enactment of 

this Act and to more efficiently and fairly process claims for such 

benefits in the future. 

(b) CONTENTS OF REPORT.— The report required in under subsection (a) shall include each of the following: 

(1) A detailed explanation of the Veterans Benefits 

Administration Claims Transformation Plan, including— 

(A) a timeline and steps to completion with anticipated 

completion dates; 

(B) all benchmarks and indicia of success that the 

Secretary will use to measure the success or failure of 

each step in the Transformation Plan; and 

(C) the estimated costs, by fiscal year for each of the 

five fiscal years following the fiscal year during which 

the report is submitted, associated with the Transformation 

Plan, including training and personnel costs, as well as 

the increase or decrease in the number of personnel 

expected as part of the Transformation Plan. 

(2) A detailed explanation of the claims process that is 

expected to result after the completion of the Transformation 

Plan, from initial filing of claim to the award or denial of 

benefits, including any appellate steps in the process. 

(3) A detailed explanation of the roles and purposes of 

the Program Management Office, the Veterans Benefits 

Administration Transformation Governance Board, Transformation Joint Executive Board, and Design Teams, including 

a list of personnel for each entity as well as current and 

projected costs over the subsequent five fiscal years to operate 

and staff each entity. 

(4) A detailed explanation of all steps taken thus far to 

involve non-Federal entities in the claims process, including 


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the Texas Veterans Commission and other State or local agencies relating to veterans’ affairs, veterans service organizations, 

and other not-for-profit entities. 

(5) A plan for the Secretary to partner with non-Federal 

entities to support efforts to reduce the backlog of claims for 

benefits under laws administered by the Secretary and to more 

efficiently and fairly process such claims in the future, including 

State and local agencies relating to veterans affairs, veterans 

service organizations, and such other relevant Government and 

non-Government entities as the Secretary considers appropriate. Such plan shall include— 

(A) a description of how the Secretary intends to leverage such partnerships with non-Federal entities to eliminate the backlog by— 

(i) increasing the percentage of new claims that 

are fully developed prior to submittal to the Secretary 

and expediting the processing of such claims; and 

(ii) helping claimants gather and submit necessary 

evidence for claims that were previously filed but 

require further development; and 

(B) a description of how such partnerships with nonFederal entities will fit into the Transformation Plan. 

TITLE VII—HEALTH CARE PROVISIONS 

Subtitle A—TRICARE and Other Health Care Benefits 

Sec. 701. Extension of TRICARE Standard coverage and TRICARE dental program 

for members of the Selected Reserve who are involuntarily separated. 

Sec. 702. Inclusion of certain over-the-counter drugs in TRICARE uniform formulary. 

Sec. 703. Modification of requirements on mental health assessments for members 

of the Armed Forces deployed in connection with a contingency operation. 

Sec. 704. Use of Department of Defense funds for abortions in cases of rape and 

incest. 

Sec. 705. Pilot program on certain treatments of autism under the TRICARE program. 

Sec. 706. Pilot program on enhancements of Department of Defense efforts on mental health in the National Guard and Reserves through community partnerships. 

Sec. 707. Sense of Congress on health care for retired members of the uniformed 

services. 

Subtitle B—Health Care Administration 

Sec. 711. Authority for automatic enrollment in TRICARE Prime of dependents of 

members in pay grades above pay grade E–4. 

Sec. 712. Cost-sharing rates for the Pharmacy Benefits Program of the TRICARE 

program. 

Sec. 713. Clarification of applicability of certain authority and requirements to subcontractors employed to provide health care services to the Department 

of Defense. 

Sec. 714. Expansion of evaluation of the effectiveness of the TRICARE program. 

Sec. 715. Requirement to ensure the effectiveness and efficiency of health engagements. 

Sec. 716. Pilot program for refills of maintenance medications for TRICARE for Life 

beneficiaries through the TRICARE mail-order pharmacy program. 

Subtitle C—Mental Health Care and Veterans Matters 

Sec. 723. Sharing between Department of Defense and Department of Veterans Affairs of records and information retained under the medical tracking 

system for members of the Armed Forces deployed overseas. 

Sec. 724. Participation of members of the Armed Forces in peer support counseling 

programs of the Department of Veterans Affairs. 


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Sec. 725. Research and medical practice on mental health conditions. 

Sec. 726. Transparency in mental health care services provided by the Department 

of Veterans Affairs. 

Sec. 727. Expansion of Vet Center Program to include furnishing counseling to certain members of the Armed Forces and their family members. Sec. 728. Organization of the Readjustment Counseling Service in the Department 

of Veterans Affairs. 

Sec. 729. Recruitment of mental health providers for furnishing mental health 

services on behalf of the Department of Veterans Affairs without compensation from the Department. Sec. 730. Peer support. 

Subtitle D—Reports and Other Matters 

Sec. 731. Plan for reform of the administration of the military health system. 

Sec. 732. Future availability of TRICARE Prime throughout the United States. 

Sec. 733. Extension of Comptroller General report on contract health care staffing 

for military medical treatment facilities. 

Sec. 734. Extension of Comptroller General report on women-specific health services and treatment for female members of the Armed Forces. 

Sec. 735. Study on health care and related support for children of members of the 

Armed Forces. 

Sec. 736. Report on strategy to transition to use of human-based methods for certain medical training. 

Sec. 737. Study on incidence of breast cancer among members of the Armed Forces 

serving on active duty. 

Sec. 738. Performance metrics and reports on Warriors in Transition programs of 

the military departments. 

Sec. 739. Plan to eliminate gaps and redundancies in programs of the Department 

of Defense on psychological health and traumatic brain injury. 

Subtitle A—TRICARE and Other Health 

Care Benefits 

SEC. 701. EXTENSION OF TRICARE STANDARD COVERAGE AND 

TRICARE DENTAL PROGRAM FOR MEMBERS OF THE 

SELECTED RESERVE WHO ARE INVOLUNTARILY SEPARATED. 

(a) TRICARE STANDARD COVERAGE.—Section 1076d(b) of title 

10, United States Code, is amended— 

(1) by striking ‘‘Eligibility’’ and inserting ‘‘(1) Except as 

provided in paragraph (2), eligibility’’; and 

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

‘‘(2) During the period beginning on the date of the enactment 

of this paragraph and ending December 31, 2018, eligibility for 

a member under this section who is involuntarily separated from 

the Selected Reserve under other than adverse conditions, as 

characterized by the Secretary concerned, shall terminate 180 days 

after the date on which the member is separated.’’. 

(b) TRICARE DENTAL COVERAGE.—Section 1076a(a)(1) of such 

title is amended by adding at the end the following new sentence: 

‘‘During the period beginning on the date of the enactment of 

this sentence and ending December 31, 2018, such plan shall provide that coverage for a member of the Selected Reserve who 

is involuntarily separated from the Selected Reserve under other 

than adverse conditions, as characterized by the Secretary concerned, shall not terminate earlier than 180 days after the date 

on which the member is separated.’’. 

SEC. 702. INCLUSION OF CERTAIN OVER-THE-COUNTER DRUGS IN 

TRICARE UNIFORM FORMULARY. 

(a) INCLUSION.—Subsection (a)(2) of section 1074g of title 10, 

United States Code, is amended— 

Time period. 

Termination 

dates. 


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(1) in subparagraph (D), by striking ‘‘No pharmaceutical 

agent may be excluded’’ and inserting ‘‘Except as provided 

in subparagraph (F), no pharmaceutical agent may be 

excluded’’; and 

(2) by adding at the end the following new subparagraph: 

‘‘(F)(i) The Secretary may implement procedures to place 

selected over-the-counter drugs on the uniform formulary and to 

make such drugs available to eligible covered beneficiaries. An 

over-the-counter drug may be included on the uniform formulary 

only if the Pharmacy and Therapeutics Committee established 

under subsection (b) finds that the over-the-counter drug is cost 

effective and clinically effective. If the Pharmacy and Therapeutics 

Committee recommends an over-the-counter drug for inclusion on 

the uniform formulary, the drug shall be considered to be in the 

same therapeutic class of pharmaceutical agents, as determined 

by the Committee, as similar prescription drugs. 

‘‘(ii) Regulations prescribed by the Secretary to carry out clause 

(i) shall include the following with respect to over-the-counter drugs 

included on the uniform formulary: 

‘‘(I) A determination of the means and conditions under 

paragraphs (5) and (6) through which over-the-counter drugs 

will be available to eligible covered beneficiaries and the 

amount of cost sharing that such beneficiaries will be required 

to pay for over-the-counter drugs, if any, except that no such 

cost sharing may be required for a member of a uniformed 

service on active duty. 

‘‘(II) Any terms and conditions for the dispensing of overthe-counter drugs to eligible covered beneficiaries.’’. 

(b) DEFINITIONS.—Subsection (g) of such section is amended 

by adding at the end the following new paragraphs: 

‘‘(3) The term ‘over-the-counter drug’ means a drug that 

is not subject to section 503(b) of the Federal Food, Drug, 

and Cosmetic Act (21 U.S.C. 353(b)). 

‘‘(4) The term ‘prescription drug’ means a drug that is 

subject to section 503(b) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 353(b)).’’. 

(c) TECHNICAL AMENDMENTS.— 

(1) CROSS-REFERENCE AMENDMENT.—Subsection (b)(1) of 

such section is amended by striking ‘‘subsection (g)’’ and 

inserting ‘‘subsection (h)’’. 

(2) REPEAL OF OBSOLETE PROVISIONS.— 

(A) Subsection (a)(2)(D) of such section is amended 

by striking the last sentence. 

(B) Subsection (b)(2) of such section is amended by 

striking ‘‘Not later than’’ and all the follows through ‘‘such 

90-day period, the committee’’ and inserting ‘‘The committee’’. 

(C) Subsection (d)(2) of such section is amended— 

(i) by striking ‘‘Effective not later than April 5, 

2000, the Secretary’’ and inserting ‘‘The Secretary’’; 

and 

(ii) by striking ‘‘the current managed care support 

contracts’’ and inserting ‘‘the managed care support 

contracts current as of October 5, 1999,’’. 

Determination. 

Regulations. 


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SEC. 703. MODIFICATION OF REQUIREMENTS ON MENTAL HEALTH 

ASSESSMENTS FOR MEMBERS OF THE ARMED FORCES 

DEPLOYED IN CONNECTION WITH A CONTINGENCY OPERATION. 

Section 1074m(a)(1)(C)(i) of title 10, United States Code, is 

amended by striking ‘‘one year’’ and inserting ‘‘18 months’’. 

SEC. 704. USE OF DEPARTMENT OF DEFENSE FUNDS FOR ABORTIONS 

IN CASES OF RAPE AND INCEST. 

Section 1093(a) of title 10, United States Code, is amended 

by inserting before the period at the end the following: ‘‘or in 

a case in which the pregnancy is the result of an act of rape 

or incest’’. 

SEC. 705. PILOT PROGRAM ON CERTAIN TREATMENTS OF AUTISM 

UNDER THE TRICARE PROGRAM. 

(a) PILOT PROGRAM.— 

(1) IN GENERAL.—The Secretary of Defense shall conduct 

a pilot program to provide for the treatment of autism spectrum 

disorders, including applied behavior analysis. 

(2) COMMENCEMENT.—The Secretary shall commence the 

pilot program under paragraph (1) by not later than 90 days 

after the date of the enactment of this Act. 

(b) DURATION.—The Secretary may not carry out the pilot program under subsection (a)(1) for longer than a one-year period. 

(c) REPORT.—Not later than 270 days after the date on which 

the pilot program under subsection (a)(1) commences, the Secretary 

shall submit to the Committees on Armed Services of the Senate 

and the House of Representatives a report on the pilot program. 

The report shall include the following: 

(1) An assessment of the feasibility and advisability of 

establishing a beneficiary cost share for the treatment of autism 

spectrum disorders. 

(2) A comparison of providing such treatment under— 

(A) the ECHO Program; and 

(B) the TRICARE program other than under the ECHO 

Program. 

(3) Any recommendations for changes in legislation. 

(4) Any additional information the Secretary considers 

appropriate. 

(d) DEFINITIONS.—In this section: 

(1) The term ‘‘ECHO Program’’ means the Extended Care 

Health Option under subsections (d) through (f) of section 1079 

of title 10, United States Code. 

(2) The term ‘‘TRICARE program’’ has the meaning given 

that term in section 1072(7) of title 10, United States Code. 

SEC. 706. PILOT PROGRAM ON ENHANCEMENTS OF DEPARTMENT OF 

DEFENSE EFFORTS ON MENTAL HEALTH IN THE NATIONAL 

GUARD AND RESERVES THROUGH COMMUNITY PARTNERSHIPS. 

(a) PROGRAM AUTHORITY.—The Secretary of Defense may carry 

out a pilot program to enhance the efforts of the Department 

of Defense in research, treatment, education, and outreach on 

mental health and substance use disorders and traumatic brain 

injury in members of the National Guard and Reserves, their family 

members, and their caregivers through community partners. 

10 USC 10101 

note. 

10 USC 1092 

note. 


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(b) AGREEMENTS WITH COMMUNITY PARTNERS.—In carrying out 

the pilot program authorized by subsection (a), the Secretary may 

enter into partnership agreements with community partners 

described in subsection (c) using a competitive and merit-based 

award process. 

(c) COMMUNITY PARTNER DESCRIBED.—A community partner 

described in this subsection is a private non-profit organization 

or institution that meets such qualifications as the Secretary shall 

establish for purposes of the pilot program and engages in one 

or more of the following: 

(1) Research on the causes, development, and innovative 

treatment of mental health and substance use disorders and 

traumatic brain injury in members of the National Guard and 

Reserves, their family members, and their caregivers. 

(2) Identifying and disseminating evidence-based treatments of mental health and substance use disorders and traumatic brain injury described in paragraph (1). 

(3) Outreach and education to such members, their families 

and caregivers, and the public about mental health and substance use disorders and traumatic brain injury described in 

paragraph (1). 

(d) DURATION.—The duration of the pilot program may not 

exceed three years. 

(e) REPORT.—Not later than 180 days before the completion 

of the pilot program, the Secretary of Defense shall submit to 

the Secretary of Veterans Affairs and the congressional defense 

committees a report on the results of the pilot program, including 

the number of members of the National Guard and Reserves provided treatment or services by community partners, and a description and assessment of the effectiveness and achievements of the 

pilot program with respect to research, treatment, education, and 

outreach on mental health and substance use disorders and traumatic brain injury. 

SEC. 707. SENSE OF CONGRESS ON HEALTH CARE FOR RETIRED MEMBERS OF THE UNIFORMED SERVICES. 

It is the sense of Congress that— 

(1) members of the uniformed services and their families 

endure unique and extraordinary demands and make extraordinary sacrifices over the course of 20 to 30 years of service 

in protecting freedom for all Americans, as do those who have 

been medically retired due to the hardships of military service; 

and 

(2) access to quality health care services is an earned 

benefit during retirement in acknowledgment of their contributions of service and sacrifice. 

Subtitle B—Health Care Administration 

SEC. 711. AUTHORITY FOR AUTOMATIC ENROLLMENT IN TRICARE 

PRIME OF DEPENDENTS OF MEMBERS IN PAY GRADES 

ABOVE PAY GRADE E–4. 

Subsection (a) of section 1097a of title 10, United States Code, 

is amended to read as follows: 

‘‘(a) AUTOMATIC ENROLLMENT OF CERTAIN DEPENDENTS.—(1) 

In the case of a dependent of a member of the uniformed services 


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who is entitled to medical and dental care under section 

1076(a)(2)(A) of this title and resides in a catchment area in which 

TRICARE Prime is offered, the Secretary— 

‘‘(A) shall automatically enroll the dependent in TRICARE 

Prime if the member is in pay grade E–4 or below; and 

‘‘(B) may automatically enroll the dependent in TRICARE 

Prime if the member is in pay grade E–5 or higher. 

‘‘(2) Whenever a dependent of a member is enrolled in TRICARE 

Prime under paragraph (1), the Secretary concerned shall provide 

written notice of the enrollment to the member. 

‘‘(3) The enrollment of a dependent of the member may be 

terminated by the member or the dependent at any time.’’. 

SEC. 712. COST-SHARING RATES FOR THE PHARMACY BENEFITS PROGRAM OF THE TRICARE PROGRAM. 

(a) IN GENERAL.—Section 1074g(a)(6) of title 10, United States 

Code, is amended— 

(1) by striking subparagraph (A) and inserting the following 

new subparagraph (A): 

‘‘(A) The Secretary, in the regulations prescribed under subsection (h), shall establish cost-sharing requirements under the 

pharmacy benefits program. In accordance with subparagraph (C), 

such cost-sharing requirements shall consist of the following: 

‘‘(i) With respect to each supply of a prescription covering 

not more than 30 days that is obtained by a covered beneficiary 

under the TRICARE retail pharmacy program— ‘‘(I) in the case of generic agents, $5; 

‘‘(II) in the case of formulary agents, $17; and 

‘‘(III) in the case of nonformulary agents, $44. 

‘‘(ii) With respect to each supply of a prescription covering 

not more than 90 days that is obtained by a covered beneficiary 

under the national mail-order pharmacy program— 

‘‘(I) in the case of generic agents, $0; 

‘‘(II) in the case of formulary agents, $13; and 

‘‘(III) in the case of nonformulary agents, $43.’’; and 

(2) by adding at the end the following new subparagraph: 

‘‘(C)(i) Beginning October 1, 2013, the amount of any increase 

in a cost-sharing amount specified in subparagraph (A) in a year 

may not exceed the amount equal to the percentage of such costsharing amount at the time of such increase equal to the percentage 

by which retired pay is increased under section 1401a of this 

title in that year. 

‘‘(ii) If the amount of the increase otherwise provided for a 

year by clause (i) is less than $1, the increase shall not be made 

for such year, but shall be carried over to, and accumulated with, 

the amount of the increase for the subsequent year or years and 

made when the aggregate amount of increases carried over under 

this clause for a year is $1 or more. 

‘‘(iii) The provisions of this subparagraph shall not apply to 

any increase in cost-sharing amounts described in clause (i) that 

is made by the Secretary of Defense on or after October 1, 2022. 

The Secretary may increase copayments, as considered appropriate 

by the Secretary, beginning on October 1, 2022.’’. 

(b) EFFECTIVE DATE.— 

(1) IN GENERAL.—The cost-sharing requirements under 

subparagraph (A) of section 1074g(a)(6) of title 10, United 

States Code, as amended by subsection (a)(1), shall apply with 

10 USC 1074g 

note. 

Applicability. 

Effective date. 

Effective date. 

Requirements. 

Notification. 


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respect to prescriptions obtained under the TRICARE pharmacy 

benefits program on or after such date as the Secretary of 

Defense shall specify, but not later than the date that is 45 

days after the date of the enactment of this Act. 

(2) FEDERAL REGISTER.—The Secretary shall publish notice 

of the effective date of the cost-sharing requirements specified 

under paragraph (1) in the Federal Register. 

SEC. 713. CLARIFICATION OF APPLICABILITY OF CERTAIN AUTHORITY 

AND REQUIREMENTS TO SUBCONTRACTORS EMPLOYED 

TO PROVIDE HEALTH CARE SERVICES TO THE DEPARTMENT OF DEFENSE. 

(a) APPLICABILITY OF FEDERAL TORT CLAIMS ACT TO SUB- CONTRACTORS.—Section 1089(a) of title 10, United States Code, 

is amended in the last sentence— 

(1) by striking ‘‘if the physician, dentist, nurse, pharmacist, 

or paramedical’’ and inserting ‘‘to such a physician, dentist, 

nurse, pharmacist, or paramedical’’; 

(2) by striking ‘‘involved is’’; and 

(3) by inserting before the period at the end the following: 

‘‘or a subcontract at any tier under such a contract that is 

authorized in accordance with the requirements of such section 

1091’’. 

(b) APPLICABILITY OF PERSONAL SERVICES CONTRACTING

AUTHORITY TO SUBCONTRACTORS.—Section 1091(c) of such title is 

amended by adding at the end the following new paragraph: 

‘‘(3) The procedures established under paragraph (1) may provide for a contracting officer to authorize a contractor to enter 

into a subcontract for personal services on behalf of the agency 

upon a determination that the subcontract is— 

‘‘(A) consistent with the requirements of this section and 

the procedures established under paragraph (1); and 

‘‘(B) in the best interests of the agency.’’. 

SEC. 714. EXPANSION OF EVALUATION OF THE EFFECTIVENESS OF 

THE TRICARE PROGRAM. 

Section 717(a)(1) of the National Defense Authorization Act 

for Fiscal Year 1996 (Public Law 104–106; 110 Stat. 376; 10 U.S.C. 

1073 note) is amended by striking ‘‘military retirees’’ and inserting 

‘‘members of the Armed Forces (whether in the regular or reserve 

components) and their dependents, military retirees and their 

dependents, and dependents of members on active duty with severe 

disabilities and chronic health care needs’’. 

SEC. 715. REQUIREMENT TO ENSURE THE EFFECTIVENESS AND EFFICIENCY OF HEALTH ENGAGEMENTS. 

(a) IN GENERAL.—The Secretary of Defense, in coordination 

with the Under Secretary of Defense for Policy and the Assistant 

Secretary of Defense for Health Affairs, shall develop a process 

to ensure that health engagements conducted by the Department 

of Defense are effective and efficient in meeting the national security goals of the United States. 

(b) PROCESS GOALS.—The Assistant Secretary of Defense for 

Health Affairs shall ensure that each process developed under subsection (a)— 

(1) assesses the operational mission capabilities of the 

health engagement; 

Process. 

10 USC 401 note. 

Notice. 


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(2) uses the collective expertise of the Federal Government 

and non-governmental organizations to ensure collaboration 

and partnering activities; and 

(3) assesses the stability and resiliency of the host nation 

of such engagement. 

(c) ASSESSMENT TOOL.—The Assistant Secretary of Defense for 

Health Affairs may establish a measure of effectiveness learning 

tool to assess the process developed under subsection (a) to ensure 

the applicability of the process to health engagements conducted 

by the Department of Defense. 

(d) HEALTH ENGAGEMENT DEFINED.—In this section, the term 

‘‘health engagement’’ means a health stability operation conducted 

by the Department of Defense outside the United States in coordination with a foreign government or international organization to 

establish, reconstitute, or maintain the health sector of a foreign 

country. 

SEC. 716. PILOT PROGRAM FOR REFILLS OF MAINTENANCE MEDICATIONS FOR TRICARE FOR LIFE BENEFICIARIES THROUGH 

THE TRICARE MAIL-ORDER PHARMACY PROGRAM. 

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

pilot program to refill prescription maintenance medications for 

each TRICARE for Life beneficiary through the national mail-order 

pharmacy program under section 1074g(a)(2)(E)(iii) of title 10, 

United States Code. 

(b) MEDICATIONS COVERED.— 

(1) DETERMINATION.—The Secretary shall determine the 

prescription maintenance medications included in the pilot program under subsection (a). 

(2) SUPPLY.—In carrying out the pilot program under subsection (a), the Secretary shall ensure that the medications 

included in the program are generally available to a TRICARE 

for Life beneficiary— 

(A) for an initial filling of a 30-day or less supply 

through— 

(i) retail pharmacies under clause (ii) of section 

1074g(a)(2)(E) of title 10, United States Code; and 

(ii) facilities of the uniformed services under clause 

(i) of such section; and 

(B) for a refill of such medications through— 

(i) the national mail-order pharmacy program; and 

(ii) such facilities of the uniformed services. 

(3) EXEMPTION.— The Secretary may exempt the following 

prescription maintenance medications from the requirements 

in paragraph (2): 

(A) Such medications that are for acute care needs. 

(B) Such other medications as the Secretary determines 

appropriate. 

(c) NONPARTICIPATION.— 

(1) OPT OUT.—The Secretary shall give TRICARE for Life 

beneficiaries who have been covered by the pilot program under 

subsection (a) for a period of one year an opportunity to opt 

out of continuing to participate in the program. 

(2) WAIVER.—The Secretary may waive the requirement 

of a TRICARE for Life beneficiary to participate in the pilot 

program under subsection (a) if the Secretary determines, on 

an individual basis, that such waiver is appropriate. 

Time period. 

10 USC 1074g 

note. 


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PUBLIC LAW 112–239—JAN. 2, 2013 126 STAT. 1805 

(d) REGULATIONS.—The Secretary shall prescribe regulations 

to carry out the pilot program under subsection (a), including regulations with respect to— 

(1) the prescription maintenance medications included in 

the pilot program pursuant to subsection (b)(1); and 

(2) addressing instances where a TRICARE for Life beneficiary covered by the pilot program attempts to refill such 

medications at a retail pharmacy rather than through the 

national mail-order pharmacy program or a facility of the uniformed services. 

(e) REPORTS.—Not later than March 31 of each year beginning 

in 2014 and ending in 2018, the Secretary shall submit to the 

congressional defense committees a report on the pilot program 

under subsection (a), including the effects of offering incentives 

for the use of mail order pharmacies by TRICARE beneficiaries 

and the effect on retail pharmacies. 

(f) SUNSET.—The Secretary may not carry out the pilot program 

under subsection (a) after December 31, 2017. 

(g) TRICARE FOR LIFE BENEFICIARY DEFINED.—In this section, 

the term ‘‘TRICARE for Life beneficiary’’ means a TRICARE beneficiary enrolled in the Medicare wraparound coverage option of 

the TRICARE program made available to the beneficiary by reason 

of section 1086(d) of title 10, United States Code. 

Subtitle C—Mental Health Care and 

Veterans Matters 

SEC. 723. SHARING BETWEEN DEPARTMENT OF DEFENSE AND DEPARTMENT OF VETERANS AFFAIRS OF RECORDS AND INFORMATION RETAINED UNDER THE MEDICAL TRACKING SYSTEM 

FOR MEMBERS OF THE ARMED FORCES DEPLOYED OVERSEAS. 

(a) IN GENERAL.—The Secretary of Defense and the Secretary 

of Veterans Affairs shall jointly enter into a memorandum of understanding providing for the sharing by the Department of Defense 

with the Department of Veterans Affairs of the results of examinations and other records on members of the Armed Forces that 

are retained and maintained with respect to the medical tracking 

system for members deployed overseas under section 1074f(c) of 

title 10, United States Code. 

(b) CESSATION UPON IMPLEMENTATION OF ELECTRONIC HEALTH

RECORD.—The sharing required pursuant to subsection (a) shall 

cease on the date on which the Secretary of Defense and the 

Secretary of Veterans Affairs jointly certify to Congress that the 

Secretaries have fully implemented an integrated electronic health 

record for members of the Armed Forces that is fully interoperable 

between the Department of Defense and the Department of Veterans Affairs. 

SEC. 724. PARTICIPATION OF MEMBERS OF THE ARMED FORCES IN 

PEER SUPPORT COUNSELING PROGRAMS OF THE DEPARTMENT OF VETERANS AFFAIRS. 

(a) PARTICIPATION.— 

(1) IN GENERAL.—The Secretary of Defense and the Secretary of Veterans Affairs shall jointly enter into a memorandum of understanding providing for members of the Armed Memorandum. 

38 USC 1712A 

note. 

Memorandum. 

10 USC 1074f 

note. 


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Forces described in subsection (b) to volunteer or be considered 

for employment as peer counselors under the following: 

(A) The peer support counseling program carried out 

by the Secretary of Veterans Affairs under subsection (j) 

of section 1720F of title 38, United States Code, as part 

of the comprehensive program for suicide prevention among 

veterans under subsection (a) of such section. 

(B) The peer support counseling program carried out 

by the Secretary of Veterans Affairs under section 304(a)(1) 

of the Caregivers and Veterans Omnibus Health Services 

Act of 2010 (Public Law 111–163; 124 Stat. 1150; 38 U.S.C. 

1712A note). 

(2) TRAINING.—Any member participating in a peer support 

counseling program under paragraph (1) shall receive the 

training for peer counselors under section 1720F(j)(2) of title 

38, United States Code, or section 304(c) of the Caregivers 

and Veterans Omnibus Health Services Act of 2010, as 

applicable, before performing peer support counseling duties 

under such program. 

(b) COVERED MEMBERS.—Members of the Armed Forces 

described in this subsection are the following: 

(1) Members of the reserve components of the Armed Forces 

who are demobilizing after deployment in a theater of combat 

operations, including, in particular, members who participated 

in combat against the enemy while so deployed. 

(2) Members of the regular components of the Armed Forces 

separating from active duty who have been deployed in a theater of combat operations in which such members participated 

in combat against the enemy. 

SEC. 725. RESEARCH AND MEDICAL PRACTICE ON MENTAL HEALTH 

CONDITIONS. 

(a) RESEARCH AND PRACTICE.—The Secretary of Defense shall 

provide for the translation of research on the diagnosis and treatment of mental health conditions into policy on medical practices. 

(b) REPORT.—Not later than 180 days after the date of the 

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

on Armed Services of the House of Representatives and the Senate 

a report on the translation of research into policy as described 

in subsection (a). The report shall include the following: 

(1) A summary of the efforts of the Department of Defense 

to carry out such translation. 

(2) A description of any policy established pursuant to 

subsection (a). 

(3) Additional legislative or administrative actions the Secretary considers appropriate with respect to such translation. 

SEC. 726. TRANSPARENCY IN MENTAL HEALTH CARE SERVICES PROVIDED BY THE DEPARTMENT OF VETERANS AFFAIRS. 

(a) MEASUREMENT OF MENTAL HEALTH CARE SERVICES.— 

(1) IN GENERAL.—Not later than December 31, 2013, the 

Secretary of Veterans Affairs shall develop and implement a 

comprehensive set of measures to assess mental health care 

services furnished by the Department of Veterans Affairs. 

(2) ELEMENTS.—The measures developed and implemented 

under paragraph (1) shall provide an accurate and comprehensive assessment of the following: 

Deadline. 

38 USC 1712A 

note. 

10 USC 1071 

note. 


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(A) The timeliness of the furnishing of mental health 

care by the Department. 

(B) The satisfaction of patients who receive mental 

health care services furnished by the Department. 

(C) The capacity of the Department to furnish mental 

health care. 

(D) The availability and furnishing of evidence-based 

therapies by the Department. 

(b) GUIDELINES FOR STAFFING MENTAL HEALTH CARE SERV- ICES.—Not later than December 31, 2013, the Secretary shall 

develop and implement guidelines for the staffing of general and 

specialty mental health care services, including at community-based 

outpatient clinics. Such guidelines shall include productivity standards for providers of mental health care. 

(c) STUDY COMMITTEE.— (1) IN GENERAL.—The Secretary shall seek to enter into 

a contract with the National Academy of Sciences to create 

a study committee— 

(A) to consult with the Secretary on the Secretary’s 

development and implementation of the measures and 

guidelines required by subsections (a) and (b); and 

(B) to conduct an assessment and provide an analysis 

and recommendations on the state of Department mental 

health services. 

(2) FUNCTIONS.—In entering into the contract described 

in paragraph (1), the Secretary shall, with respect to paragraph 

(1)(B), include in such contract a provision for the study committee— 

(A) to conduct a comprehensive assessment of barriers 

to access to mental health care by veterans who served 

in the Armed Forces in Operation Enduring Freedom, Operation Iraqi Freedom, or Operation New Dawn; 

(B) to assess the quality of the mental health care 

being provided to such veterans (including the extent to 

which veterans are afforded choices with respect to modes 

of treatment) through site visits to facilities of the Veterans 

Health Administration (including at least one site visit 

in each Veterans Integrated Service Network), evaluating 

studies of patient outcomes, and other appropriate means; 

(C) to assess whether, and the extent to which, veterans who served in the Armed Forces in Operation 

Enduring Freedom, Operation Iraqi Freedom, or Operation 

New Dawn are being offered a full range of necessary 

mental health services at Department health care facilities, 

including early intervention services for hazardous 

drinking, relationship problems, and other behaviors that 

create a risk for the development of a chronic mental 

health condition; 

(D) to conduct surveys or have access to Departmentadministered surveys of— 

(i) providers of Department mental health services; 

(ii) veterans who served in the Armed Forces in 

Operation Enduring Freedom, Operation Iraqi 

Freedom, or Operation New Dawn who are receiving 

mental health care furnished by the Department; and 

(iii) eligible veterans who served in the Armed 

Forces in Operation Enduring Freedom, Operation 

Contracts. 

Deadline. 


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Iraqi Freedom, or Operation New Dawn who are not 

using Department health care services to assess those 

barriers described in subparagraph (A); and 

(E) to provide to the Secretary, on the basis of its 

assessments as delineated in subparagraphs (A) through 

(C), specific, detailed recommendations— 

(i) for overcoming barriers, and improving access, 

to timely, effective mental health care at Department 

health care facilities (or, where Department facilities 

cannot provide such care, through contract arrangements under existing law); and 

(ii) to improve the effectiveness and efficiency of 

mental health services furnished by the Secretary. 

(3) PARTICIPATION BY FORMER OFFICIALS AND EMPLOYEES

OF VETERANS HEALTH ADMINISTRATION.—The Secretary shall 

ensure that any contract entered into under paragraph (1) 

provides for inclusion on any subcommittee which participates 

in conducting the assessments and formulating the recommendations provided for in paragraph (2) at least one former 

official of the Veterans Health Administration and at least 

two former employees of the Veterans Health Administration 

who were providers of mental health care. 

(4) PERIODIC REPORTS TO SECRETARY.—In entering into the 

contract described in paragraph (1), the Secretary shall, with 

respect to paragraph (1)(A), include in such contract a provision 

for the submittal to the Secretary of periodic reports and provision of other consultation to the Secretary by the study committee to assist the Secretary in carrying out subsections (a) 

and (b). 

(5) REPORTS TO CONGRESS.—Not later than 30 days after 

receiving a report under paragraph (4), the Secretary shall 

submit to the Committee on Veterans’ Affairs of the Senate 

and the Committee on Veterans’ Affairs of the House of Representatives a report on the plans of the Secretary to implement 

such recommendations submitted to the Secretary by the study 

committee as the Secretary considers appropriate. Such report 

shall include a description of each recommendation submitted 

to the Secretary that the Secretary does not plan to carry 

out and an explanation of why the Secretary does not plan 

to carry out such recommendation. 

(d) PUBLICATION.— 

(1) IN GENERAL.—The Secretary shall make available to 

the public on an Internet website of the Department the following: 

(A) The measures and guidelines developed and implemented under this section. 

(B) An assessment of the performance of the Department using such measures and guidelines. 

(2) QUARTERLY UPDATES.—The Secretary shall update the 

measures, guidelines, and assessment made available to the 

public under paragraph (1) not less frequently than quarterly. 

(e) SEMIANNUAL REPORTS.— 

(1) IN GENERAL.—Not later than June 30, 2013, and not 

less frequently than twice each year thereafter, the Secretary 

shall submit to the committees of Congress specified in subsection (c)(5) a report on the Secretary’s progress in developing 

Public 

information. 

Web posting. 


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and implementing the measures and guidelines required by 

this section. 

(2) ELEMENTS.—Each report submitted under paragraph 

(1) shall include the following: 

(A) A description of the development and implementation of the measures required by subsection (a) and the 

guidelines required by subsection (b). 

(B) A description of the progress made by the Secretary 

in developing and implementing such measures and guidelines. 

(C) An assessment of the mental health care services 

furnished by the Department, using the measures developed and implemented under subsection (a). 

(D) An assessment of the effectiveness of the guidelines 

developed and implemented under subsection (b). 

(E) Such recommendations for legislative or administrative action as the Secretary may have to improve the 

effectiveness and efficiency of the mental health care services furnished under laws administered by the Secretary. 

(f) IMPLEMENTATION REPORT.— 

(1) IN GENERAL.—Not later than 30 days before the date 

on which the Secretary begins implementing the measures and 

guidelines required by this section, the Secretary shall submit 

to the committees of Congress specified in subsection (c)(5) 

a report on the Secretary’s planned implementation of such 

measures and guidelines. 

(2) ELEMENTS.—The report required by paragraph (1) shall 

include the following: 

(A) A detailed description of the measures and guidelines that the Secretary plans to implement under this 

section. 

(B) A description of the rationale for each measure 

and guideline the Secretary plans to implement under this 

section. 

(C) A discussion of each measure and guideline that 

the Secretary considered under this section but chose not 

to implement. 

(D) The number of current vacancies in mental health 

care provider positions in the Department. 

(E) An assessment of how many additional positions 

are needed to meet current or expected demand for mental 

health services furnished by the Department. 

SEC. 727. EXPANSION OF VET CENTER PROGRAM TO INCLUDE FURNISHING COUNSELING TO CERTAIN MEMBERS OF THE 

ARMED FORCES AND THEIR FAMILY MEMBERS. 

Section 1712A of title 38, United States Code, is amended— 

(1) in subsection (a)— 

(A) in paragraph (1)— 

(i) in subparagraph (A), by striking ‘‘Upon the 

request’’ and all that follows through the period at 

the end and inserting ‘‘Upon the request of any individual referred to in subparagraph (C), the Secretary 

shall furnish counseling, including by furnishing counseling through a Vet Center, to the individual— 


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126 STAT. 1810 PUBLIC LAW 112–239—JAN. 2, 2013 

‘‘(i) in the case of an individual referred to in clauses 

(i) through (iv) of subparagraph (C), to assist the individual 

in readjusting to civilian life; and 

‘‘(ii) in the case of an individual referred to in clause 

(v) of such subparagraph who is a family member of a veteran 

or member described in such clause— 

‘‘(I) in the case of a member who is deployed in a 

theater of combat operations or an area at a time during 

which hostilities are occurring in that area, during such 

deployment to assist such individual in coping with such 

deployment; and 

‘‘(II) in the case of a veteran or member who is readjusting to civilian life, to the degree that counseling furnished to such individual is found to aid in the readjustment of such veteran or member to civilian life.’’; and 

(ii) by striking subparagraph (B) and inserting 

the following new subparagraphs: 

‘‘(B) Counseling furnished to an individual under subparagraph 

(A) may include a comprehensive individual assessment of the 

individual’s psychological, social, and other characteristics to 

ascertain whether— 

‘‘(i) in the case of an individual referred to in clauses 

(i) through (iv) of subparagraph (C), such individual has difficulties associated with readjusting to civilian life; and 

‘‘(ii) in the case of an individual referred to in clause 

(v) of such subparagraph, such individual has difficulties associated with— 

‘‘(I) coping with the deployment of a member described 

in subclause (I) of such clause; or 

‘‘(II) readjustment to civilian life of a veteran or 

member described in subclause (II) of such clause. 

‘‘(C) Subparagraph (A) applies to the following individuals: 

‘‘(i) Any individual who is a veteran or member of the 

Armed Forces, including a member of a reserve component 

of the Armed Forces, who served on active duty in a theater 

of combat operations or an area at a time during which hostilities occurred in that area. 

‘‘(ii) Any individual who is a veteran or member of the 

Armed Forces, including a member of a reserve component 

of the Armed Forces, who provided direct emergency medical 

or mental health care, or mortuary services to the causalities 

of combat operations or hostilities, but who at the time was 

located outside the theater of combat operations or area of 

hostilities. 

‘‘(iii) Any individual who is a veteran or member of the 

Armed Forces, including a member of a reserve component 

of the Armed Forces, who engaged in combat with an enemy 

of the United States or against an opposing military force 

in a theater of combat operations or an area at a time during 

which hostilities occurred in that area by remotely controlling 

an unmanned aerial vehicle, notwithstanding whether the physical location of such veteran or member during such combat 

was within such theater of combat operations or area. 

‘‘(iv) Any individual who received counseling under this 

section before the date of the enactment of the National Defense 

Authorization Act for Fiscal Year 2013. 

‘‘(v) Any individual who is a family member of any— 

Applicability. 


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‘‘(I) member of the Armed Forces, including a member 

of a reserve component of the Armed Forces, who is serving 

on active duty in a theater of combat operations or in 

an area at a time during which hostilities are occurring 

in that area; or 

‘‘(II) veteran or member of the Armed Forces described 

in this subparagraph.’’; 

(B) by striking paragraph (2); 

(C) by redesignating paragraph (3) as paragraph (2); 

and 

(D) in paragraph (2), as redesignated by subparagraph 

(C)— 

(i) by striking ‘‘a veteran described in paragraph 

(1)(B)(iii)’’ and inserting ‘‘an individual described in 

paragraph (1)(C)’’; and 

(ii) by striking ‘‘the veteran a preliminary general 

mental health assessment’’ and inserting ‘‘the individual a comprehensive individual assessment as 

described in paragraph (1)(B)’’; 

(2) in subsection (b)(1), by striking ‘‘physician or psychologist’’ each place it appears and inserting ‘‘licensed or certified 

mental health care provider’’; 

(3) in subsection (g)— 

(A) by amending paragraph (1) to read as follows: 

‘‘(1) The term ‘Vet Center’ means a facility which is operated by the Department for the provision of services under 

this section and which is situated apart from Department general health care facilities.’’; and 

(B) by adding at the end the following new paragraph: 

‘‘(3) The term ‘family member’, with respect to a veteran 

or member of the Armed Forces, means an individual who— 

‘‘(A) is a member of the family of the veteran or 

member, including— 

‘‘(i) a parent; 

‘‘(ii) a spouse; 

‘‘(iii) a child; 

‘‘(iv) a step-family member; and 

‘‘(v) an extended family member; or 

‘‘(B) lives with the veteran or member but is not a 

member of the family of the veteran or member.’’; and 

(4) by redesignating subsection (g), as amended by paragraph (3), as subsection (h) and inserting after subsection (f) 

the following new subsection (g): 

‘‘(g) In carrying out this section and in furtherance of the 

Secretary’s responsibility to carry out outreach activities under 

chapter 63 of this title, the Secretary may provide for and facilitate 

the participation of personnel employed by the Secretary to provide 

services under this section in recreational programs that are— 

‘‘(1) designed to encourage the readjustment of veterans 

described in subsection (a)(1)(C); and 

‘‘(2) operated by any organization named in or approved 

under section 5902 of this title.’’. 

Definition. 

Definition. 


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126 STAT. 1812 PUBLIC LAW 112–239—JAN. 2, 2013 

SEC. 728. ORGANIZATION OF THE READJUSTMENT COUNSELING 

SERVICE IN THE DEPARTMENT OF VETERANS AFFAIRS. 

(a) IN GENERAL.—Subchapter I of chapter 73 of title 38, United 

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

section: 

‘‘§ 7309. Readjustment Counseling Service 

‘‘(a) IN GENERAL.—There is in the Veterans Health Administration a Readjustment Counseling Service. The Readjustment Counseling Service shall provide readjustment counseling and associated 

services to individuals in accordance with section 1712A of this 

title. 

‘‘(b) CHIEF OFFICER.—(1) The head of the Readjustment Counseling Service shall be the Chief Officer of the Readjustment Counseling Service (in this section referred to as the ‘Chief Officer’), 

who shall report directly to the Under Secretary for Health. 

‘‘(2) The Chief Officer shall be appointed by the Under Secretary 

for Health from among individuals who— 

‘‘(A)(i) are psychologists who hold a diploma as a doctorate 

in clinical or counseling psychology from an authority approved 

by the American Psychological Association and who have 

successfully undergone an internship approved by that association; 

‘‘(ii) are holders of a master in social work degree; or 

‘‘(iii) hold such other advanced degrees related to mental 

health as the Secretary considers appropriate; 

‘‘(B) have at least three years of experience providing direct 

counseling services or outreach services in the Readjustment 

Counseling Service; 

‘‘(C) have at least three years of experience administrating 

direct counseling services or outreach services in the Readjustment Counseling Service; 

‘‘(D) meet the quality standards and requirements of the 

Department; and 

‘‘(E) are veterans who served in combat as members of 

the Armed Forces. 

‘‘(c) STRUCTURE.—(1) The Readjustment Counseling Service is 

a distinct organizational element within Veterans Health Administration. 

‘‘(2) The Readjustment Counseling Service shall provide counseling and services as described in subsection (a). 

‘‘(3) The Chief Officer shall have direct authority over all 

Readjustment Counseling Service staff and assets, including Vet 

Centers. 

‘‘(d) SOURCE OF FUNDS.—(1) Amounts for the activities of the 

Readjustment Counseling Service, including the operations of its 

Vet Centers, shall be derived from amounts appropriated for the 

Veterans Health Administration for medical care. 

‘‘(2) Amounts for activities of the Readjustment Counseling 

Service, including the operations of its Vet Centers, shall not be 

allocated through the Veterans Equitable Resource Allocation 

system. 

‘‘(3) In each budget request submitted for the Department of 

Veterans Affairs by the President to Congress under section 1105 

of title 31, the budget request for the Readjustment Counseling 

Service shall be listed separately. 

38 USC 7309. 


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PUBLIC LAW 112–239—JAN. 2, 2013 126 STAT. 1813 

‘‘(e) ANNUAL REPORT.—(1) Not later than March 15 of each 

year, the Secretary shall submit to the Committee on Veterans’ 

Affairs of the Senate and the Committee on Veterans’ Affairs of 

the House of Representatives a report on the activities of the 

Readjustment Counseling Service during the preceding calendar 

year. 

‘‘(2) Each report submitted under paragraph (1) shall include, 

with respect to the period covered by the report, the following: 

‘‘(A) A summary of the activities of the Readjustment Counseling Service, including Vet Centers. 

‘‘(B) A description of the workload and additional treatment 

capacity of the Vet Centers, including, for each Vet Center, 

the ratio of the number of full-time equivalent employees at 

such Vet Center and the number of individuals who received 

services or assistance at such Vet Center. 

‘‘(C) A detailed analysis of demand for and unmet need 

for readjustment counseling services and the Secretary’s plan 

for meeting such unmet need. 

‘‘(f) VET CENTER DEFINED.—In this section, the term ‘Vet 

Center’ has the meaning given the term in section 1712A(h)(1) 

of this title.’’. 

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 73 of such title is amended by inserting after 

the item relating to section 7308 the following new item: 

‘‘7309. Readjustment Counseling Service.’’. 

(c) CONFORMING AMENDMENTS.—Section 7305 of such title is 

amended— 

(1) by redesignating paragraph (7) as paragraph (8); and 

(2) by inserting after paragraph (6) the following new paragraph (7): 

‘‘(7) A Readjustment Counseling Service.’’. 

SEC. 729. RECRUITMENT OF MENTAL HEALTH PROVIDERS FOR FURNISHING MENTAL HEALTH SERVICES ON BEHALF OF THE 

DEPARTMENT OF VETERANS AFFAIRS WITHOUT COMPENSATION FROM THE DEPARTMENT. 

(a) IN GENERAL.—The Secretary of Veterans Affairs shall carry 

out a national program of outreach to societies, community organizations, nonprofit organizations, and government entities in order 

to recruit mental health providers who meet the quality standards 

and requirements of the Department of Veterans Affairs to provide 

mental health services for the Department on a part-time, withoutcompensation basis, under section 7405 of title 38, United States 

Code. 

(b) PARTNERING WITH AND DEVELOPING COMMUNITY ENTITIES

AND NONPROFIT ORGANIZATIONS.—In carrying out the program 

required by subsection (a), the Secretary may partner with a 

community entity or nonprofit organization or assist in the development of a community entity or nonprofit organization, including 

by entering into an agreement under section 8153 of title 38, 

United States Code, that provides strategic coordination of the 

societies, organizations, and government entities described in subsection (a) in order to maximize the availability and efficient 

delivery of mental health services to veterans by such societies, 

organizations, and government entities. 

38 USC 7405 

note. 

38 USC 

prec. 7301. 


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126 STAT. 1814 PUBLIC LAW 112–239—JAN. 2, 2013 

(c) MILITARY CULTURE TRAINING.—In carrying out the program 

required by subsection (a), the Secretary shall provide training 

to mental health providers to ensure that clinicians who provide 

mental health services as described in such subsection have sufficient understanding of military-specific and service-specific culture, 

combat experience, and other factors that are unique to the experience of veterans who served in Operation Enduring Freedom, Operating Iraqi Freedom, or Operation New Dawn. 

SEC. 730. PEER SUPPORT. 

(a) PEER SUPPORT COUNSELING PROGRAM.— 

(1) PROGRAM REQUIRED.—Paragraph (1) of section 1720F(j) 

of title 38, United States Code, is amended in the matter 

preceding subparagraph (A) by striking ‘‘may’’ and inserting 

‘‘shall’’. 

(2) TRAINING.—Paragraph (2) of such section is amended 

by inserting after ‘‘peer counselors’’ the following: ‘‘, including 

training carried out under the national program of training 

required by section 304(c) of the Caregivers and Veterans Omnibus Health Services Act of 2010 (38 U.S.C. 1712A note)’’. 

(3) AVAILABILITY OF PROGRAM AT DEPARTMENT MEDICAL

CENTERS.—Such section is amended by adding at the end the 

following new paragraph: 

‘‘(3) In addition to other locations the Secretary considers appropriate, the Secretary shall carry out the peer support program 

under this subsection at each Department medical center.’’. 

(4) DEADLINE FOR COMMENCEMENT OF PROGRAM.—The Secretary of Veterans Affairs shall ensure that the peer support 

counseling program required by section 1720F(j) of title 38, 

United States Code, as amended by this subsection, commences 

at each Department of Veterans Affairs medical center not 

later than 270 days after the date of the enactment of this 

Act. 

(b) PEER OUTREACH AND PEER SUPPORT SERVICES AT DEPARTMENT MEDICAL CENTERS UNDER PROGRAM ON READJUSTMENT AND

MENTAL HEALTH CARE SERVICES FOR VETERANS WHO SERVED IN

OPERATION ENDURING FREEDOM AND OPERATION IRAQI FREEDOM.— 

(1) IN GENERAL.—Section 304 of the Caregivers and Veterans Omnibus Health Services Act of 2010 (Public Law 111– 

163; 38 U.S.C. 1712A note) is amended— 

(A) by redesignating subsection (e) as subsection (f); 

and 

(B) by inserting after subsection (d) the following new 

subsection (e): 

‘‘(e) PROVISION OF PEER OUTREACH AND PEER SUPPORT SERVICES AT DEPARTMENT MEDICAL CENTERS.—The Secretary shall carry 

out the services required by subparagraphs (A) and (B) of subsection 

(a)(1) at each Department medical center.’’. 

(2) DEADLINE.—The Secretary of Veterans Affairs shall 

commence carrying out the services required by subparagraphs 

(A) and (B) of subsection (a)(1) of such section at each Department of Veterans Affairs medical center, as required by subsection (e) of such section (as added by paragraph (1)), not 

later than 270 days after the date of the enactment of this 

Act. 

38 USC 1712A 

note. 

38 USC 1720F 

note. 


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PUBLIC LAW 112–239—JAN. 2, 2013 126 STAT. 1815 

Subtitle D—Reports and Other Matters 

SEC. 731. PLAN FOR REFORM OF THE ADMINISTRATION OF THE MILITARY HEALTH SYSTEM. 

(a) DETAILED PLAN.—In implementing reforms to the governance of the military health system described in the memorandum 

of the Deputy Secretary of Defense dated March 2012, the Secretary 

of Defense shall develop a detailed plan to carry out such reform. 

(b) ELEMENTS.—The plan developed under subsection (a) shall 

include the following: 

(1) Goals to achieve while carrying out the reform described 

in subsection (a), including goals with respect to improving 

clinical and business practices, cost reductions, infrastructure 

reductions, and personnel reductions, achieved by establishing 

the Defense Health Agency, carrying out shared services, and 

modifying the governance of the National Capital Region. 

(2) Metrics to evaluate the achievement of each goal under 

paragraph (1) with respect to the purpose, objective, and 

improvements made by each such goal. 

(3) The personnel levels required for the Defense Health 

Agency and the National Capital Region Medical Directorate. 

(4) A detailed schedule to carry out the reform described 

in subsection (a), including a schedule for meeting the goals 

under paragraph (1). 

(5) Detailed information describing the initial operating 

capability of the Defense Health Agency. 

(6) With respect to each shared service that the Secretary 

will implement during fiscal year 2013 or 2014— 

(A) a timeline for such implementation; and 

(B) a business case analysis detailing— 

(i) the services that will be consolidated into the 

shared service; 

(ii) the purpose of the shared service; 

(iii) the scope of the responsibilities and goals for 

the shared service; 

(iv) the cost of implementing the shared service, 

including the costs regarding personnel severance, 

relocation, military construction, information technology, and contractor support; and 

(v) the anticipated cost savings to be realized by 

implementing the shared service. 

(c) SUBMISSION.—The Secretary of Defense shall submit to the 

congressional defense committees the plan developed under subsection (a) as follows: 

(1) The contents of the plan described in paragraphs (1) 

and (4) of subsection (b) shall be submitted not later than 

March 31, 2013. 

(2) The contents of the plan described in paragraphs (2) 

and (3) of subsection (b) and paragraph (6) of such subsection 

with respect to shared services implemented during fiscal year 

2013 shall be submitted not later than June 30, 2013. 

(3) The contents of the plan described in paragraph (6) 

of such subsection with respect to shared services implemented 

during fiscal year 2014 shall be submitted not later than September 30, 2013. 

(d) LIMITATIONS.— 

10 USC 1071 

note. 


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126 STAT. 1816 PUBLIC LAW 112–239—JAN. 2, 2013 

(1) FIRST SUBMISSION.—Of the funds authorized to be 

appropriated by this Act or otherwise made available for fiscal 

year 2013 for the accounts and activities described in paragraph 

(4), not more than 50 percent may be obligated or expended 

until the date on which the Secretary of Defense submits to 

the congressional defense committees the contents of the plan 

under subsection (c)(1). 

(2) SECOND SUBMISSION.—Of the funds authorized to be 

appropriated by this Act or otherwise made available for fiscal 

year 2013 for the accounts and activities described in paragraph 

(4), not more than 75 percent may be obligated or expended 

until the date on which the Secretary of Defense submits to 

the congressional defense committees the contents of the plan 

under subsection (c)(2). 

(3) COMPTROLLER GENERAL REVIEW.—The Comptroller General of the United States shall submit to the congressional 

defense committees a review of the contents of the plan submitted under each of paragraphs (1) and (2) to assess whether 

the Secretary of Defense meets the requirements of such contents. 

(4) ACCOUNTS AND ACTIVITIES DESCRIBED.—The accounts 

and activities described in this paragraph are as follows: 

(A) Operation and maintenance, Defense-wide, for the 

Office of the Secretary of Defense for travel. 

(B) Operation and maintenance, Defense-wide, for the 

Office of the Secretary of Defense for management professional support services. 

(C) Operation and maintenance, Defense Health Program, for travel. 

(D) Operation and maintenance, Defense Health Program, for management professional support services. 

(e) SHARED SERVICES DEFINED.—In this section, the term 

‘‘shared services’’ means the common services required for each 

military department to provide medical support to the Armed Forces 

and authorized beneficiaries. 

SEC. 732. FUTURE AVAILABILITY OF TRICARE PRIME THROUGHOUT 

THE UNITED STATES. 

(a) REPORT REQUIRED.— 

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

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

submit to the Committees on Armed Services of the Senate 

and the House of Representatives a report setting forth the 

policy of the Department of Defense on the future availability 

of TRICARE Prime under the TRICARE program for eligible 

beneficiaries in all TRICARE regions throughout the United 

States. 

(2) ELEMENTS.—The report required by paragraph (1) shall 

include the following: 

(A) A description, by region, of the difference in availability of TRICARE Prime for eligible beneficiaries (other 

than eligible beneficiaries on active duty in the Armed 

Forces) under newly awarded TRICARE managed care contracts, including, in particular, an identification of the 

regions or areas in which TRICARE Prime will no longer 

be available for such beneficiaries under such contracts. 


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(B) An estimate of the increased costs to be incurred 

by an affected eligible beneficiary for health care under 

the TRICARE program. 

(C) An estimate of the savings to be achieved by the 

Department as a result of the contracts described in 

subparagraph (A). 

(D) A description of the plans of the Department to 

continue to assess the impact on access to health care 

for affected eligible beneficiaries. 

(E) A description of the plan of the Department to 

provide assistance to affected eligible beneficiaries who are 

transitioning from TRICARE Prime to TRICARE Standard, 

including assistance with respect to identifying health care 

providers. 

(F) Any other matter the Secretary considers appropriate. 

(b) DEFINITIONS.—In this section: 

(1) The term ‘‘affected eligible beneficiary’’ means an 

eligible beneficiary under the TRICARE Program (other than 

eligible beneficiaries on active duty in the Armed Forces) who, 

as of the date of the enactment of this Act— 

(A) is enrolled in TRICARE Prime; and 

(B) resides in a region of the United States in which 

TRICARE Prime enrollment will no longer be available 

for such beneficiary under a contract described in subsection (a)(2)(A) that does not allow for such enrollment 

because of the location in which such beneficiary resides. 

(2) The term ‘‘TRICARE Prime’’ means the managed care 

option of the TRICARE program. 

(3) The term ‘‘TRICARE program’’ has the meaning given 

that term in section 1072(7) of title 10, United States Code. 

(4) The term ‘‘TRICARE Standard’’ means the fee-forservice option of the TRICARE Program. 

SEC. 733. EXTENSION OF COMPTROLLER GENERAL REPORT ON CONTRACT HEALTH CARE STAFFING FOR MILITARY MEDICAL 

TREATMENT FACILITIES. 

Section 726(a) of the National Defense Authorization Act for 

Fiscal Year 2012 (Public Law 112–81; 125 Stat. 1480) is amended 

by striking ‘‘March 31, 2012’’ and inserting ‘‘March 31, 2013’’. 

SEC. 734. EXTENSION OF COMPTROLLER GENERAL REPORT ON 

WOMEN-SPECIFIC HEALTH SERVICES AND TREATMENT 

FOR FEMALE MEMBERS OF THE ARMED FORCES. 

Section 725(c) of the National Defense Authorization Act for 

Fiscal Year 2012 (Public Law 112–81; 125 Stat. 1480) is amended 

by striking ‘‘December 31, 2012’’ and inserting ‘‘March 31, 2013’’. 

SEC. 735. STUDY ON HEALTH CARE AND RELATED SUPPORT FOR CHILDREN OF MEMBERS OF THE ARMED FORCES. 

(a) STUDY.—The Secretary of Defense shall conduct a study 

on the health care and related support provided by the Secretary 

to dependent children. 

(b) ELEMENTS.—The study under subsection (a) shall include 

the following: 

(1) A comprehensive review of the policies of the Secretary 

and the TRICARE program with respect to providing pediatric 

care. 


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126 STAT. 1818 PUBLIC LAW 112–239—JAN. 2, 2013 

(2) An assessment of access to pediatric health care by 

dependent children in appropriate settings. 

(3) An assessment of access to specialty care by dependent 

children, including care for children with special health care 

needs. 

(4) A comprehensive review and analysis of reimbursement 

under the TRICARE program for pediatric care. 

(5) An assessment of the adequacy of the ECHO Program 

in meeting the needs of dependent children with extraordinary 

health care needs. 

(6) An assessment of the adequacy of care management 

for dependent children with special health care needs. 

(7) An assessment of the support provided through other 

Department of Defense or military department programs and 

policies that support the physical and behavorial health of 

dependent children, including children with special health care 

needs. 

(8) Mechanisms for linking dependent children with special 

health care needs with State and local community resources, 

including children’s hospitals and providers of pediatric specialty care. 

(9) Strategies to mitigate the impact of frequent relocations 

related to military service on the continuity of health care 

services for dependent children, including children with special 

health and behavioral health care needs. 

(c) REPORT.—Not later than one year after the date of the 

enactment of this Act, the Secretary shall submit to the congressional defense committees a report on the study under subsection 

(a), including— 

(1) the findings of the study; 

(2) a plan to improve and continuously monitor the access 

of dependent children to quality health care; and 

(3) any recommendations for legislation that the Secretary 

considers necessary to maintain the highest quality of health 

care for dependent children. 

(d) DEFINITIONS.—In this section: 

(1) The term ‘‘dependent children’’ means the children of 

members of the Armed Forces who are covered beneficiaries 

under chapter 55 of title 10, United States Code. 

(2) The term ‘‘ECHO Program’’ means the Extended Care 

Health Option under subsections (d) through (f) of section 1079 

of title 10, United States Code. 

SEC. 736. REPORT ON STRATEGY TO TRANSITION TO USE OF HUMANBASED METHODS FOR CERTAIN MEDICAL TRAINING. 

(a) REPORT.— 

(1) IN GENERAL.—Not later than March 1, 2013, the Secretary of Defense shall submit to the congressional defense 

committees a report that outlines a strategy, including a 

detailed timeline, to refine and, when appropriate, transition 

to using human-based training methods for the purpose of 

training members of the Armed Forces in the treatment of 

combat trauma injuries. 

(2) ELEMENTS.—The report under paragraph (1) shall 

include the following: 

(A) Required research, development, testing, and 

evaluation investments to validate human-based training 


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methods to refine, reduce, and, when appropriate, transition from the use of live animals in medical education 

and training. 

(B) Phased sustainment and readiness costs to refine, 

reduce, and, when appropriate, replace the use of live animals in medical education and training. 

(C) Any risks associated with transitioning to humanbased training methods, including resource availability, 

anticipated technological development timelines, and potential impact on the present combat trauma training curricula. 

(D) An assessment of the potential effect of 

transitioning to human-based training methods on the 

quality of medical care delivered on the battlefield, 

including any reduction in the competency of combat medical personnel. 

(E) An assessment of risks to maintaining the level 

of combat life-saver techniques performed by all members 

of the Armed Forces. 

(b) DEFINITIONS.—In this section: 

(1) The term ‘‘combat trauma injuries’’ means severe 

injuries likely to occur during combat, including— 

(A) extremity hemorrhage; 

(B) tension pneumothorax; 

(C) amputation resulting from blast injury; 

(D) compromises to the airway; and 

(E) other injuries. 

(2) The term ‘‘human-based training methods’’ means, with 

respect to training individuals in medical treatment, the use 

of systems and devices that do not use animals, including— 

(A) simulators; 

(B) partial task trainers; 

(C) moulage; 

(D) simulated combat environments; and 

(E) human cadavers. 

(3) The term ‘‘partial task trainers’’ means training aids 

that allow individuals to learn or practice specific medical procedures. 

SEC. 737. STUDY ON INCIDENCE OF BREAST CANCER AMONG MEMBERS 

OF THE ARMED FORCES SERVING ON ACTIVE DUTY. 

(a) STUDY.—The Secretary of Defense shall conduct a study 

on the incidence of breast cancer among members of the Armed 

Forces serving on active duty. 

(b) ELEMENTS.—The study under subsection (a) shall include 

the following: 

(1) A determination of the number of members of the 

Armed Forces who served on active duty at any time during 

the period from 2000 to 2010 who were diagnosed with breast 

cancer during such period. 

(2) A determination of demographic information regarding 

such members, including race, ethnicity, sex, age, and rank. 

(3) An analysis of breast cancer treatments received by 

such members and the source of such treatment. 

(4) The availability and training of breast cancer specialists 

within the military health system. 


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126 STAT. 1820 PUBLIC LAW 112–239—JAN. 2, 2013 

(5) A comparison of the rates of members of the Armed 

Forces serving on active duty who have breast cancer to civilian 

populations with comparable demographic characteristics. 

(6) Identification of potential factors associated with military service that could increase the risk of breast cancer for 

members of the Armed Forces serving on active duty. 

(7) A description of a research agenda to further the understanding of the Department of Defense of the incidence of 

breast cancer among such members. 

(8) An assessment of the effectiveness of outreach to members of the Armed Forces to identify risks of, prevent, detect, 

and treat breast cancer. 

(9) Recommendations for changes to policy or law that 

could improve the prevention, early detection, awareness, and 

treatment of breast cancer among members of the Armed Forces 

serving on active duty. 

(c) REPORT.—Not later than one year after the date of the 

enactment of this Act, the Secretary shall submit to the congressional defense committees a report on the findings and recommendations of the study under subsection (a), including a description 

of any further unique military research needed with respect to 

breast cancer. 

SEC. 738. PERFORMANCE METRICS AND REPORTS ON WARRIORS IN 

TRANSITION PROGRAMS OF THE MILITARY DEPARTMENTS. 

(a) METRICS REQUIRED.—The Secretary of Defense shall establish a policy containing uniform performance outcome measurements to be used by each Secretary of a military department in 

tracking and monitoring members of the Armed Forces in Warriors 

in Transition programs. 

(b) ELEMENTS.—The policy established under subsection (a) 

shall identify outcome measurements with respect to the following: 

(1) Physical health and behavioral health. 

(2) Rehabilitation. 

(3) Educational and vocational preparation. 

(4) Such other matters as the Secretary considers appropriate. 

(c) MILESTONES.—In establishing the policy under subsection 

(a), the Secretary of Defense shall establish metrics and milestones 

for members in Warriors in Transition programs. Such metrics 

and milestones shall cover members throughout the course of care 

and rehabilitation in Warriors in Transitions programs by applying 

to the following occasions: 

(1) When the member commences participation in the program. 

(2) At least once each year the member participates in 

the program. 

(3) When the member ceases participation in the program 

or is transferred to the jurisdiction of the Secretary of Veterans 

Affairs. 

(d) COHORT GROUPS AND PARAMETERS.—The policy established 

under subsection (a)— 

(1) may differentiate among cohort groups within the population of members in Warriors in Transition programs, as appropriate; and 

Policy. 

10 USC 1071 

note. 


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PUBLIC LAW 112–239—JAN. 2, 2013 126 STAT. 1821 

(2) shall include parameters for specific outcome measurements in each element under subsection (b) and each metric 

and milestone under subsection (c). 

(e) REPORTS REQUIRED.— 

(1) INITIAL REPORT.—Not later than 180 days after the 

date of the enactment of this Act, the Secretary of Defense 

shall submit to the congressional defense committees a report 

on the policy established under subsection (a), including the 

outcome measurements for each element under subsection (b) 

and each metric and milestone under subsection (c). 

(2) ANNUAL REPORTS.—Not later than February of each 

year beginning in 2014 and ending in 2018, the Secretary 

of Defense shall submit to the congressional defense committees 

a report on the performance of the military departments with 

respect to the policy established under subsection (a). Each 

report shall include— 

(A) an analysis of— 

(i) data on improvements in the progress of members in Warriors in Transition programs in each specific area identified in the policy; 

(ii) access to health and rehabilitation services by 

such members, including average appointment waiting 

times by specialty; 

(iii) effectiveness of the programs in assisting in 

the transition of such members to military duty or 

civilian life through education and vocational assistance; 

(iv) any differences in outcomes in Warriors in 

Transition programs, and the reason for any such differences; and 

(v) the quantities and effectiveness of medical and 

nonmedical case managers, legal support and physical 

evaluation board liaison officers, mental health care 

providers, and medical evaluation physicians in 

comparison to the actual number of members requiring 

such services; and 

(B) such other results and analyses as the Secretary 

considers appropriate, including any recommendations for 

legislation if needed. 

(f) WARRIORS IN TRANSITION PROGRAM DEFINED.—In this section, the term ‘‘Warriors in Transition program’’ means any major 

support program of the Armed Forces for members of the Armed 

Forces with severe wounds, illnesses, or injuries that is intended 

to provide such members with nonmedical case management service 

and care coordination services, and includes the programs as follows: 

(1) Warrior Transition Units and the Wounded Warrior 

Program of the Army. 

(2) The Wounded Warrior Safe Harbor program of the 

Navy. 

(3) The Wounded Warrior Regiment of the Marine Corps. 

(4) The Recovery Care Program and the Wounded Warrior 

programs of the Air Force. 

(5) The Care Coalition of the United States Special Operations Command. 


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126 STAT. 1822 PUBLIC LAW 112–239—JAN. 2, 2013 

SEC. 739. PLAN TO ELIMINATE GAPS AND REDUNDANCIES IN PROGRAMS OF THE DEPARTMENT OF DEFENSE ON PSYCHOLOGICAL HEALTH AND TRAUMATIC BRAIN INJURY. 

(a) SENSE OF CONGRESS.—Congress supports the efforts of the 

Secretary of Veterans Affairs and the Secretary of Defense to educate members of the Armed Forces, veterans, the families of such 

members and veterans, the medical community, and the public 

with respect to the causes, symptoms, and treatment of post-traumatic stress disorder. 

(b) PLAN.— 

(1) IN GENERAL.—Not later than 180 days after the date 

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

submit to the Committees on Armed Services of the Senate 

and the House of Representatives a plan to improve the 

coordination and integration of the programs of the Department 

of Defense that address traumatic brain injury and the psychological health of members of the Armed Forces. 

(2) ELEMENTS.—The plan under paragraph (1) shall include 

the following: 

(A) Identification of— 

(i) any gaps in services and treatments provided 

by the programs of the Department of Defense that 

address traumatic brain injury and the psychological 

health of members of the Armed Forces; and 

(ii) any unnecessary redundancies in such programs. 

(B) A plan for mitigating the gaps and redundancies 

identified under subparagraph (A). 

(C) Identification of the official within the Department 

who will be responsible for leading the implementation 

of the plan described in paragraph (1). 

TITLE VIII—ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED MATTERS 

Subtitle A—Acquisition Policy and Management 

Sec. 801. Treatment of procurements on behalf of the Department of Defense 

through the Work for Others program of the Department of Energy. 

Sec. 802. Review and justification of pass-through contracts. 

Sec. 803. Availability of amounts in Defense Acquisition Workforce Development 

Fund. 

Sec. 804. Department of Defense policy on contractor profits. 

Sec. 805. Modification of authorities on internal controls for procurements on behalf 

of the Department of Defense by certain nondefense agencies. 

Sec. 806. Extension of authority relating to management of supply-chain risk. 

Sec. 807. Sense of Congress on the continuing progress of the Department of Defense in implementing its Item Unique Identification Initiative. 

Subtitle B—Provisions Relating to Major Defense Acquisition Programs 

Sec. 811. Limitation on use of cost-type contracts. 

Sec. 812. Estimates of potential termination liability of contracts for the development or production of major defense acquisition programs. 

Sec. 813. Technical change regarding programs experiencing critical cost growth 

due to change in quantity purchased. 

Sec. 814. Repeal of requirement to review ongoing programs initiated before enactment of Milestone B certification and approval process. 


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PUBLIC LAW 112–239—JAN. 2, 2013 126 STAT. 1823 

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

Limitations 

Sec. 821. Modification of time period for congressional notification of the lease of 

certain vessels by the Department of Defense. 

Sec. 822. Extension of authority for use of simplified acquisition procedures for certain commercial items. 

Sec. 823. Codification and amendment relating to life-cycle management and product support requirements. 

Sec. 824. Codification of requirement relating to Government performance of critical acquisition functions. 

Sec. 825. Competition in acquisition of major subsystems and subassemblies on 

major defense acquisition programs. 

Sec. 826. Compliance with Berry Amendment required for uniform components 

supplied to Afghan military or Afghan National Police. 

Sec. 827. Enhancement of whistleblower protections for contractor employees. 

Sec. 828. Pilot program for enhancement of contractor employee whistleblower protections. 

Sec. 829. Extension of contractor conflict of interest limitations. 

Sec. 830. Repeal of sunset for certain protests of task and delivery order contracts. 

Sec. 831. Guidance and training related to evaluating reasonableness of price. 

Sec. 832. Department of Defense access to, use of, and safeguards and protections 

for contractor internal audit reports. 

Sec. 833. Contractor responsibilities in regulations relating to detection and avoidance of counterfeit electronic parts. 

Subtitle D—Provisions Relating to Contracts in Support of Contingency Operations 

Sec. 841. Extension and expansion of authority to acquire products and services 

produced in countries along a major route of supply to Afghanistan. 

Sec. 842. Limitation on authority to acquire products and services produced in Afghanistan. 

Sec. 843. Responsibility within Department of Defense for operational contract support. 

Sec. 844. Data collection on contract support for future overseas contingency operations involving combat operations. 

Sec. 845. Inclusion of operational contract support in certain requirements for Department of Defense planning, joint professional military education, and 

management structure. 

Sec. 846. Requirements for risk assessments related to contractor performance. 

Sec. 847. Extension and modification of reports on contracting in Iraq and Afghanistan. 

Sec. 848. Responsibilities of inspectors general for overseas contingency operations. 

Sec. 849. Oversight of contracts and contracting activities for overseas contingency 

operations in responsibilities of Chief Acquisition Officers of Federal 

agencies. 

Sec. 850. Reports on responsibility within Department of State and the United 

States Agency for International Development for contract support for 

overseas contingency operations. 

Sec. 851. Database on price trends of items and services under Federal contracts. 

Sec. 852. Information on corporate contractor performance and integrity through 

the Federal Awardee Performance and Integrity Information System. 

Sec. 853. Inclusion of data on contractor performance in past performance databases for executive agency source selection decisions. 

Subtitle E—Other Matters 

Sec. 861. Requirements and limitations for suspension and debarment officials of 

the Department of Defense, the Department of State, and the United 

States Agency for International Development. 

Sec. 862. Uniform contract writing system requirements. 

Sec. 863. Extension of other transaction authority. 

Sec. 864. Report on allowable costs of compensation of contractor employees. 

Sec. 865. Reports on use of indemnification agreements. 

Sec. 866. Plan to increase number of contractors eligible for contracts under Air 

Force NETCENTS-2 contract. 

Sec. 867. Inclusion of information on prevalent grounds for sustaining bid protests 

in annual protest report by Comptroller General to Congress. 


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126 STAT. 1824 PUBLIC LAW 112–239—JAN. 2, 2013 

Subtitle A—Acquisition Policy and 

Management 

SEC. 801. TREATMENT OF PROCUREMENTS ON BEHALF OF THE 

DEPARTMENT OF DEFENSE THROUGH THE WORK FOR 

OTHERS PROGRAM OF THE DEPARTMENT OF ENERGY. 

(a) IN GENERAL.—Subsection (d) of section 801 of the National 

Defense Authorization Act for Fiscal Year 2008 (10 U.S.C. 2304 

note) is amended— 

(1) in the subsection heading, by striking ‘‘DEFENSE’’ and 

inserting ‘‘APPLICABLE’’; 

(2) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively; 

(3) by striking ‘‘For the purposes’’ and inserting ‘‘(1) Except 

as provided in paragraph (2), for the purposes’’; 

(4) in paragraph (1), as designated by paragraph (3) of 

this subsection, by striking ‘‘defense procurement’’ and inserting 

‘‘applicable procurement’’; and 

(5) by adding at the end the following new paragraph 

(2): 

‘‘(2) In the case of the procurement of property or services 

on behalf of the Department of Defense through the Work for 

Others program of the Department of Energy, the laws and regulations applicable under paragraph (1)(B) are the Department of 

Energy Acquisition Regulations, pertinent interagency agreements, 

and Department of Defense and Department of Energy policies 

related to the Work for Others program.’’. 

(b) CONFORMING AMENDMENTS.—Such section is further 

amended by striking ‘‘defense procurement’’ and inserting 

‘‘applicable procurement’’ each place it appears as follows: 

(1) Subsection (a)(1)(B). 

(2) Subsection (a)(4) (as redesignated by section 805(a)(3)). 

(3) Subsection (a)(4)(A) (as redesignated by section 

805(a)(3)). 

(4) Subsection (b)(1)(A). 

(5) Subsection (b)(1)(B)(ii). 

(6) Subsection (c)(2)(F). 

SEC. 802. REVIEW AND JUSTIFICATION OF PASS-THROUGH CONTRACTS. 

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

this Act, the Secretary of Defense, the Secretary of State, and 

the Administrator of the United States Agency for International 

Development shall issue such guidance and regulations as may 

be necessary to ensure that in any case in which an offeror for 

a contract or a task or delivery order informs the agency pursuant 

to section 52.215-22 of the Federal Acquisition Regulation that 

the offeror intends to award subcontracts for more than 70 percent 

of the total cost of work to be performed under the contract, task 

order, or delivery order, the contracting officer for the contract 

is required to— 

(1) consider the availability of alternative contract vehicles 

and the feasibility of contracting directly with a subcontractor 

or subcontractors that will perform the bulk of the work; 

Deadline. 

10 USC 2304 

note. 


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(2) make a written determination that the contracting 

approach selected is in the best interest of the Government; 

and 

(3) document the basis for such determination. 

SEC. 803. AVAILABILITY OF AMOUNTS IN DEFENSE ACQUISITION 

WORKFORCE DEVELOPMENT FUND. 

(a) IN GENERAL.—Section 1705 of title 10, United States Code, 

is amended— 

(1) in subsection (d)(2)(C), by striking clauses (i) through 

(vi) and inserting the following: 

‘‘(i) For fiscal year 2013, $500,000,000. 

‘‘(ii) For fiscal year 2014, $800,000,000. 

‘‘(iii) For fiscal year 2015, $700,000,000. 

‘‘(iv) For fiscal year 2016, $600,000,000. 

‘‘(v) For fiscal year 2017, $500,000,000. 

‘‘(vi) For fiscal year 2018, $400,000,000.’’; 

(2) in subsection (e)— 

(A) in paragraph (1), by adding at the end the following 

new sentence: ‘‘In the case of temporary members of the 

acquisition workforce designated pursuant to subsection 

(h)(2), such funds shall be available only for the limited 

purpose of providing training in the performance of acquisition-related functions and duties.’’; and 

(B) in paragraph (5), by inserting before the period 

at the end the following: ‘‘, and who has continued in 

the employment of the Department since such time without 

a break in such employment of more than a year’’; 

(3) by striking subsection (g); 

(4) by redesignating subsection (h) as subsection (g); and 

(5) by adding at the end the following new subsection 

(h): 

‘‘(h) ACQUISITION WORKFORCE DEFINED.—In this section, the 

term ‘acquisition workforce’ means the following: 

‘‘(1) Personnel in positions designated under section 1721 

of this title as acquisition positions for purposes of this chapter. 

‘‘(2) Other military personnel or civilian employees of the 

Department of Defense who— 

‘‘(A) contribute significantly to the acquisition process 

by virtue of their assigned duties; and 

‘‘(B) are designated as temporary members of the 

acquisition workforce by the Under Secretary of Defense 

for Acquisition, Technology, and Logistics, or by the senior 

acquisition executive of a military department, for the limited purpose of receiving training for the performance of 

acquisition-related functions and duties.’’. 

(b) EXTENSION OF EXPEDITED HIRING AUTHORITY.—Subsection 

(g) of such section, as redesignated by subsection (a)(4) of this 

section, is further amended in paragraph (2) by striking ‘‘September 

30, 2015’’ and inserting ‘‘September 30, 2017’’. 

(c) PLAN REQUIRED.—Not later than 180 days after the date 

of the enactment of this Act, the Under Secretary of Defense for 

Acquisition, Technology, and Logistics shall develop a plan for the 

implementation of the authority provided by the amendments made 

by subsection (a) with regard to temporary members of the defense 

acquisition workforce. The plan shall include policy, criteria, and 

Deadline. 

10 USC 1705 

note. 

Determination. 


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processes for designating temporary members and appropriate safeguards to prevent the abuse of such authority. 

SEC. 804. DEPARTMENT OF DEFENSE POLICY ON CONTRACTOR 

PROFITS. 

(a) REVIEW OF GUIDELINES ON PROFITS.—The Secretary of 

Defense shall review the profit guidelines in the Department of 

Defense Supplement to the Federal Acquisition Regulation in order 

to identify any modifications to such guidelines that are necessary 

to ensure an appropriate link between contractor profit and contractor performance. In conducting the review, the Secretary shall 

obtain the views of experts and interested parties in Government 

and the private sector. 

(b) MATTERS TO BE CONSIDERED.—In conducting the review 

required by subsection (a), the Secretary shall consider, at a minimum, the following: 

(1) Appropriate levels of profit needed to sustain competition in the defense industry, taking into account contractor 

investment and cash flow. 

(2) Appropriate adjustments to address contract and 

performance risk assumed by the contractor, taking into 

account the extent to which such risk is passed on to subcontractors. 

(3) Appropriate incentives for superior performance in 

delivering quality products and services in a timely and costeffective manner, taking into account such factors as prime 

contractor cost reduction, control of overhead costs, subcontractor cost reduction, subcontractor management, and effective 

competition (including the use of small business) at the subcontract level. 

(c) MODIFICATION OF GUIDELINES.—Not later than 180 days 

after the date of the enactment of this Act, the Secretary shall 

modify the profit guidelines described in subsection (a) to make 

such changes as the Secretary determines to be appropriate based 

on the review conducted pursuant to that subsection. 

SEC. 805. MODIFICATION OF AUTHORITIES ON INTERNAL CONTROLS 

FOR PROCUREMENTS ON BEHALF OF THE DEPARTMENT 

OF DEFENSE BY CERTAIN NONDEFENSE AGENCIES. 

(a) DISCRETIONARY AUTHORITY.—Subsection (a) of section 801 

of the National Defense Authorization Act for Fiscal Year 2008 

(10 U.S.C. 2304 note) is amended— 

(1) in paragraph (1), by striking ‘‘shall, not later than 

the date specified in paragraph (2),’’ and inserting ‘‘may’’; 

(2) by striking paragraph (2); 

(3) by redesignating paragraphs (3) through (6) as paragraphs (2) through (5), respectively; 

(4) in paragraph (3), as redesignated by paragraph (3) 

of this subsection— 

(A) by striking ‘‘required under this subsection’’ and 

inserting ‘‘to be performed under this subsection’’; and 

(B) by striking ‘‘shall’’ and inserting ‘‘may’’; and 

(5) in paragraph (4), as so redesignated, by striking ‘‘shall’’ 

and inserting ‘‘may’’. 

(b) CONFORMING AMENDMENTS.—Subsection (b)(1)(B) of such 

section is amended— 

(1) in clause (i), by striking ‘‘required by subsection (a)(4)’’ 

and inserting ‘‘to be entered into under subsection (a)(3)’’; and 

Deadline. 

10 USC 2302 

note. 


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(2) in clause (ii)— 

(A) by striking ‘‘required by subsection (a)’’ and 

inserting ‘‘provided for under subsection (a)’’; and 

(B) by striking ‘‘subsection (a)(5)’’ and inserting ‘‘subsection (a)(4)’’. 

SEC. 806. EXTENSION OF AUTHORITY RELATING TO MANAGEMENT OF 

SUPPLY-CHAIN RISK. 

(a) EXTENSION.—Section 806(g) of the Ike Skelton National 

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

383; 124 Stat. 4262; 10 U.S.C. 2304 note) is amended by striking 

‘‘the date that is three years after the date of the enactment 

of this Act’’ and inserting ‘‘September 30, 2018’’. 

(b) VERIFICATION OF EFFECTIVE IMPLEMENTATION.—Section 806 

of such Act is further amended by adding at the end the following 

new subsection: 

‘‘(h) VERIFICATION OF EFFECTIVE IMPLEMENTATION.— 

‘‘(1) CRITERIA AND DATA COLLECTION TO MEASURE

EFFECTIVENESS.—The Secretary of Defense shall— 

‘‘(A) establish criteria for measuring the effectiveness 

of the authority provided by this section; and 

‘‘(B) collect data to evaluate the implementation of 

this section using such criteria. 

‘‘(2) REPORTS.—The Secretary shall submit to the appropriate congressional committees— 

‘‘(A) not later than March 1, 2013, a report on the 

criteria established under paragraph (1)(A); and 

‘‘(B) not later than January 1, 2017, a report on the 

effectiveness of the implementation of this section, based 

on data collected under paragraph (1)(B).’’. 

(c) TECHNICAL AMENDMENT.—Section 806(f)(2) of such Act is 

amended by striking ‘‘that awarded’’ and inserting ‘‘that are 

awarded’’. 

SEC. 807. SENSE OF CONGRESS ON THE CONTINUING PROGRESS OF 

THE DEPARTMENT OF DEFENSE IN IMPLEMENTING ITS 

ITEM UNIQUE IDENTIFICATION INITIATIVE. 

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

(1) In 2003, the Department of Defense initiated the Item 

Unique Identification (IUID) Initiative, which requires the 

marking and tracking of assets deployed throughout the Armed 

Forces or in the possession of Department contractors. 

(2) The Initiative has the potential for realizing significant 

cost savings and improving the management of defense equipment and supplies throughout their lifecycle. 

(3) The Initiative can help the Department combat the 

growing problem of counterfeit parts in the military supply 

chain. 

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

(1) to support efforts by the Department of Defense to 

implement the Item Unique Identification Initiative; 

(2) to support measures to verify contractor compliance 

with section 252.211–7003 (entitled ‘‘Item Identification and 

Valuation’’) of the Defense Supplement to the Federal Acquisition Regulation, on Unique Identification, which states that 

a unique identification equivalent recognized by the Department is required for certain acquisitions; 


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(3) to encourage the Armed Forces to adopt and implement 

Item Unique Identification actions and milestones; and 

(4) to support investment of sufficient resources and continued training and leadership to enable the Department to capture meaningful data and optimize the benefits of the Item 

Unique Identification Initiative. 

Subtitle B—Provisions Relating to Major 

Defense Acquisition Programs 

SEC. 811. LIMITATION ON USE OF COST-TYPE CONTRACTS. 

(a) PROHIBITION WITH RESPECT TO PRODUCTION OF MAJOR

DEFENSE ACQUISITION PROGRAMS.—Not later than 120 days after 

the date of the enactment of this Act, the Secretary of Defense 

shall modify the acquisition regulations of the Department of 

Defense to prohibit the Department from entering into cost-type 

contracts for the production of major defense acquisition programs. 

(b) EXCEPTION.— (1) IN GENERAL.—The prohibition under subsection (a) shall 

not apply in the case of a particular cost-type contract if the 

Under Secretary of Defense for Acquisition, Technology, and 

Logistics provides written certification to the congressional 

defense committees that a cost-type contract is needed to provide a required capability in a timely and cost-effective manner. 

(2) SCOPE OF EXCEPTION.—In any case for which the Under 

Secretary grants an exception under paragraph (1), the Under 

Secretary shall take affirmative steps to make sure that the 

use of cost-type pricing is limited to only those line items 

or portions of the contract where such pricing is needed to 

achieve the purposes of the exception. A written certification 

under paragraph (1) shall be accompanied by an explanation 

of the steps taken under this paragraph. 

(c) DEFINITIONS.—In this section: 

(1) MAJOR DEFENSE ACQUISITION PROGRAM.—The term 

‘‘major defense acquisition program’’ has the meaning given 

the term in section 2430(a) of title 10, United States Code. 

(2) PRODUCTION OF A MAJOR DEFENSE ACQUISITION PRO- GRAM.—The term ‘‘production of a major defense acquisition 

program’’ means the production and deployment of a major 

system that is intended to achieve an operational capability 

that satisfies mission needs, or any activity otherwise defined 

as Milestone C under Department of Defense Instruction 

5000.02 or related authorities. 

(3) CONTRACT FOR THE PRODUCTION OF A MAJOR DEFENSE

ACQUISITION PROGRAM.—The term ‘‘contract for the production 

of a major defense acquisition program’’— 

(A) means a prime contract for the production of a 

major defense acquisition program; and 

(B) does not include individual line items for segregable 

efforts or contracts for the incremental improvement of 

systems that are already in production (other than contracts for major upgrades that are themselves major 

defense acquisition programs). 

(d) APPLICABILITY.—The requirements of this section shall apply 

to contracts for the production of major defense acquisition programs entered into on or after October 1, 2014. 

Effective date. 

Certification. 

Deadline. 

Regulations. 

10 USC 2430 

note. 


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SEC. 812. ESTIMATES OF POTENTIAL TERMINATION LIABILITY OF CONTRACTS FOR THE DEVELOPMENT OR PRODUCTION OF 

MAJOR DEFENSE ACQUISITION PROGRAMS. 

(a) DEPARTMENT OF DEFENSE REVIEW.—Not later than 180 

days after the date of the enactment of this Act, the Under Secretary 

of Defense for Acquisition, Technology, and Logistics shall review 

relevant acquisition guidance and take appropriate actions to ensure 

that program managers for major defense acquisition programs 

are preparing estimates of potential termination liability for covered 

contracts, including how such termination liability is likely to 

increase or decrease over the period of performance, and are giving 

appropriate consideration to such estimates before making recommendations on decisions to enter into or terminate such contracts. 

(b) COMPTROLLER GENERAL OF THE UNITED STATES REPORT.— 

(1) IN GENERAL.—Not later than 270 days after the date 

of the enactment of this Act, the Comptroller General of the 

United States shall submit to the congressional defense committees a report on the extent to which the Department of Defense 

is considering potential termination liability as a factor in 

entering into and in terminating covered contracts. 

(2) MATTERS TO BE ADDRESSED.—The report required by 

paragraph (1) shall include, at a minimum, an assessment 

of the following: 

(A) The extent to which the Department of Defense 

developed estimates of potential termination liability for 

covered contracts entered into before the date of the enactment of this Act and how such termination liability was 

likely to increase or decrease over the period of performance 

before making decisions to enter into or terminate such 

contracts. 

(B) The extent to which the Department considered 

estimates of potential termination liability for such contracts and how such termination liability was likely to 

increase or decrease over the period of performance as 

a risk factor in deciding whether to enter into or terminate 

such contracts. 

(c) COVERED CONTRACTS.—For purposes of this section, a covered contract is a contract for the development or production of 

a major defense acquisition program for which potential termination 

liability could reasonably be expected to exceed $100,000,000. 

(d) MAJOR DEFENSE ACQUISITION PROGRAM DEFINED.—In this 

section, the term ‘‘major defense acquisition program’’ has the 

meaning given that term in section 2430(a) of title 10, United 

States Code. 

SEC. 813. TECHNICAL CHANGE REGARDING PROGRAMS EXPERIENCING 

CRITICAL COST GROWTH DUE TO CHANGE IN QUANTITY 

PURCHASED. 

Section 2433a(c)(3)(A) of title 10, United States Code, is 

amended by striking ‘‘subparagraphs (B) and (C)’’ and inserting 

‘‘subparagraphs (B), (C), and (E)’’. 

Definition. 

Deadline. 

Deadline. 


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SEC. 814. REPEAL OF REQUIREMENT TO REVIEW ONGOING PROGRAMS 

INITIATED BEFORE ENACTMENT OF MILESTONE B CERTIFICATION AND APPROVAL PROCESS. 

Subsection (b) of section 205 of the Weapon Systems Acquisition 

Reform Act of 2009 (Public Law 111–23; 123 Stat. 1725; 10 U.S.C. 

2366b note) is repealed. 

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

Limitations 

SEC. 821. MODIFICATION OF TIME PERIOD FOR CONGRESSIONAL 

NOTIFICATION OF THE LEASE OF CERTAIN VESSELS BY 

THE DEPARTMENT OF DEFENSE. 

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

by striking ‘‘30 days of continuous session of Congress’’ and inserting 

‘‘60 days’’. 

SEC. 822. EXTENSION OF AUTHORITY FOR USE OF SIMPLIFIED 

ACQUISITION PROCEDURES FOR CERTAIN COMMERCIAL 

ITEMS. 

(a) EXTENSION.—Effective as of January 1, 2012, section 4202 

of the Clinger–Cohen Act of 1996 (division D of Public Law 104– 

106; 110 Stat. 652; 10 U.S.C. 2304 note) is amended in subsection 

(e) by striking ‘‘2012’’ and inserting ‘‘2015’’. 

(b) TECHNICAL AMENDMENT TO CROSS REFERENCES.—Subsection (e) of such Act is further amended by striking ‘‘section 

303(g)(1) of the Federal Property and Administrative Services Act 

of 1949, and section 31(a) of the Office of Federal Procurement 

Policy Act, as amended by this section,’’ and inserting ‘‘section 

3305(a) of title 41, United States Code, and section 1901(a) of 

title 41, United States Code,’’. 

SEC. 823. CODIFICATION AND AMENDMENT RELATING TO LIFE-CYCLE 

MANAGEMENT AND PRODUCT SUPPORT REQUIREMENTS. 

(a) CODIFICATION AND AMENDMENT.— 

(1) IN GENERAL.—Chapter 137 of title 10, United States 

Code, as amended by section 331, is further amended by adding 

at the end the following new section: 

‘‘§ 2337. Life-cycle management and product support 

‘‘(a) GUIDANCE ON LIFE-CYCLE MANAGEMENT.—The Secretary 

of Defense shall issue and maintain comprehensive guidance on 

life-cycle management and the development and implementation 

of product support strategies for major weapon systems. The guidance issued pursuant to this subsection shall— 

‘‘(1) maximize competition and make the best possible use 

of available Department of Defense and industry resources 

at the system, subsystem, and component levels; and 

‘‘(2) maximize value to the Department of Defense by providing the best possible product support outcomes at the lowest 

operations and support cost. 

‘‘(b) PRODUCT SUPPORT MANAGERS.— 

10 USC 2337. 

Effective date. 


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‘‘(1) REQUIREMENT.—The Secretary of Defense shall require 

that each major weapon system be supported by a product 

support manager in accordance with this subsection. 

‘‘(2) RESPONSIBILITIES.—A product support manager for a 

major weapon system shall— 

‘‘(A) develop and implement a comprehensive product 

support strategy for the weapon system; 

‘‘(B) use appropriate predictive analysis and modeling 

tools that can improve material availability and reliability, 

increase operational availability rates, and reduce operation and sustainment costs; 

‘‘(C) conduct appropriate cost analyses to validate the 

product support strategy, including cost-benefit analyses 

as outlined in Office of Management and Budget Circular 

A–94; 

‘‘(D) ensure achievement of desired product support 

outcomes through development and implementation of 

appropriate product support arrangements; 

‘‘(E) adjust performance requirements and resource 

allocations across product support integrators and product 

support providers as necessary to optimize implementation 

of the product support strategy; 

‘‘(F) periodically review product support arrangements 

between the product support integrators and product support providers to ensure the arrangements are consistent 

with the overall product support strategy; 

‘‘(G) prior to each change in the product support 

strategy or every five years, whichever occurs first, revalidate any business-case analysis performed in support of 

the product support strategy; and 

‘‘(H) ensure that the product support strategy maximizes small business participation at the appropriate tiers. 

‘‘(c) DEFINITIONS.—In this section: 

‘‘(1) PRODUCT SUPPORT.—The term ‘product support’ means 

the package of support functions required to field and maintain 

the readiness and operational capability of major weapon systems, subsystems, and components, including all functions 

related to weapon system readiness. 

‘‘(2) PRODUCT SUPPORT ARRANGEMENT.—The term ‘product 

support arrangement’ means a contract, task order, or any 

type of other contractual arrangement, or any type of agreement 

or non-contractual arrangement within the Federal Government, for the performance of sustainment or logistics support 

required for major weapon systems, subsystems, or components. 

The term includes arrangements for any of the following: 

‘‘(A) Performance-based logistics. 

‘‘(B) Sustainment support. 

‘‘(C) Contractor logistics support. 

‘‘(D) Life-cycle product support. 

‘‘(E) Weapon systems product support. 

‘‘(3) PRODUCT SUPPORT INTEGRATOR.—The term ‘product 

support integrator’ means an entity within the Federal Government or outside the Federal Government charged with integrating all sources of product support, both private and public, 

defined within the scope of a product support arrangement. 

‘‘(4) PRODUCT SUPPORT PROVIDER.—The term ‘product support provider’ means an entity that provides product support 


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functions. The term includes an entity within the Department 

of Defense, an entity within the private sector, or a partnership 

between such entities. 

‘‘(5) MAJOR WEAPON SYSTEM.—The term ‘major weapon 

system’ means a major system within the meaning of section 

2302d(a) of this title.’’. 

(2) CLERICAL AMENDMENT.—The table of sections at the 

beginning of chapter 137 of such title, as so amended, is further 

amended by adding at the end the following new item: 

‘‘2337. Life-cycle management and product support.’’. 

(b) REPEAL OF SUPERSEDED SECTION.—Section 805 of the 

National Defense Authorization Act for Fiscal Year 2010 (Public 

Law 111–84; 10 U.S.C. 2302 note) is repealed. 

SEC. 824. CODIFICATION OF REQUIREMENT RELATING TO GOVERNMENT PERFORMANCE OF CRITICAL ACQUISITION FUNCTIONS. 

(a) CODIFICATION.— 

(1) IN GENERAL.—Subchapter I of chapter 87 of title 10, 

United States Code, is amended by adding at the end the 

following new section: 

‘‘§ 1706. Government performance of certain acquisition functions 

‘‘(a) GOAL.—It shall be the goal of the Department of Defense 

and each of the military departments to ensure that, for each 

major defense acquisition program and each major automated 

information system program, each of the following positions is performed by a properly qualified member of the armed forces or 

full-time employee of the Department of Defense: 

‘‘(1) Program executive officer. 

‘‘(2) Deputy program executive officer. 

‘‘(3) Program manager. 

‘‘(4) Deputy program manager. 

‘‘(5) Senior contracting official. 

‘‘(6) Chief developmental tester. 

‘‘(7) Program lead product support manager. 

‘‘(8) Program lead systems engineer. 

‘‘(9) Program lead cost estimator. 

‘‘(10) Program lead contracting officer. 

‘‘(11) Program lead business financial manager. 

‘‘(12) Program lead production, quality, and manufacturing. 

‘‘(13) Program lead information technology. 

‘‘(b) PLAN OF ACTION.—The Secretary of Defense shall develop 

and implement a plan of action for recruiting, training, and ensuring 

appropriate career development of military and civilian personnel 

to achieve the objective established in subsection (a). 

‘‘(c) DEFINITIONS.—In this section: 

‘‘(1) The term ‘major defense acquisition program’ has the 

meaning given such term in section 2430(a) of this title. 

‘‘(2) The term ‘major automated information system program’ has the meaning given such term in section 2445a(a) 

of this title.’’. 

10 USC 1706. 

10 USC 

prec. 2301. 


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(2) CLERICAL AMENDMENT.—The table of sections at the 

beginning of such subchapter is amended by adding at the 

end the following new item: 

‘‘1706. Government performance of certain acquisition functions.’’. 

(b) REPEAL OF SUPERSEDED SECTION.—Section 820 of the John 

Warner National Defense Authorization Act for Fiscal Year 2007 

(Public Law 109–364; 10 U.S.C. 1701 note) is repealed. 

SEC. 825. COMPETITION IN ACQUISITION OF MAJOR SUBSYSTEMS AND 

SUBASSEMBLIES ON MAJOR DEFENSE ACQUISITION PROGRAMS. 

Section 202(c) of the Weapon Systems Acquisition Reform Act 

of 2009 (Public Law 111–23; 123 Stat. 1720; 10 U.S.C. 2430 note) 

is amended— 

(1) in the matter preceding paragraph (1), by striking ‘‘fair 

and objective ‘make-buy’ decisions by prime contractors’’ and 

inserting ‘‘competition or the option of competition at the subcontract level’’; 

(2) by redesignating paragraphs (1), (2), and (3) as paragraphs (2), (3), and (4), respectively; and 

(3) by inserting before paragraph (2), as redesignated by 

paragraph (2) of this section, the following new paragraph 

(1): 

‘‘(1) where appropriate, breaking out a major subsystem, 

conducting a separate competition for the subsystem, and providing the subsystem to the prime contractor as Governmentfurnished equipment;’’. 

SEC. 826. COMPLIANCE WITH BERRY AMENDMENT REQUIRED FOR UNIFORM COMPONENTS SUPPLIED TO AFGHAN MILITARY OR 

AFGHAN NATIONAL POLICE. 

(a) REQUIREMENT.—In the case of any textile components supplied by the Department of Defense to the Afghan National Army 

or the Afghan National Police for purposes of production of uniforms, section 2533a of title 10, United States Code, shall apply, 

and no exceptions or exemptions under that section shall apply. 

(b) EFFECTIVE DATE.—This section shall apply to solicitations 

issued and contracts awarded for the procurement of such components after the date of the enactment of this Act. 

SEC. 827. ENHANCEMENT OF WHISTLEBLOWER PROTECTIONS FOR 

CONTRACTOR EMPLOYEES. 

(a) IN GENERAL.—Subsection (a) of section 2409 of title 10, 

United States Code, is amended— 

(1) by inserting ‘‘(1)’’ before ‘‘An employee’’; 

(2) in paragraph (1), as so designated— 

(A) by inserting ‘‘or subcontractor’’ after ‘‘employee of 

a contractor’’; 

(B) by striking ‘‘a Member of Congress’’ and all that 

follows through ‘‘the Department of Justice’’ and inserting 

‘‘a person or body described in paragraph (2)’’; and 

(C) by striking ‘‘evidence of’’ and all that follows and 

inserting the following: ‘‘evidence of the following: 

‘‘(A) Gross mismanagement of a Department of Defense 

contract or grant, a gross waste of Department funds, an abuse 

of authority relating to a Department contract or grant, or 

a violation of law, rule, or regulation related to a Department 

Applicability. 

10 USC 

prec. 1701. 


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126 STAT. 1834 PUBLIC LAW 112–239—JAN. 2, 2013 

contract (including the competition for or negotiation of a contract) or grant. 

‘‘(B) Gross mismanagement of a National Aeronautics and 

Space Administration contract or grant, a gross waste of 

Administration funds, an abuse of authority relating to an 

Administration contract or grant, or a violation of law, rule, 

or regulation related to an Administration contract (including 

the competition for or negotiation of a contract) or grant. 

‘‘(C) A substantial and specific danger to public health 

or safety.’’; and 

(3) by adding at the end the following new paragraphs: 

‘‘(2) The persons and bodies described in this paragraph are 

the persons and bodies as follows: 

‘‘(A) A Member of Congress or a representative of a committee of Congress. 

‘‘(B) An Inspector General. 

‘‘(C) The Government Accountability Office. 

‘‘(D) An employee of the Department of Defense or the 

National Aeronautics and Space Administration, as applicable, 

responsible for contract oversight or management. 

‘‘(E) An authorized official of the Department of Justice 

or other law enforcement agency. 

‘‘(F) A court or grand jury. 

‘‘(G) A management official or other employee of the contractor or subcontractor who has the responsibility to investigate, discover, or address misconduct. 

‘‘(3) For the purposes of paragraph (1)— 

‘‘(A) an employee who initiates or provides evidence of 

contractor or subcontractor misconduct in any judicial or 

administrative proceeding relating to waste, fraud, or abuse 

on a Department of Defense or National Aeronautics and Space 

Administration contract or grant shall be deemed to have made 

a disclosure covered by such paragraph; and 

‘‘(B) a reprisal described in paragraph (1) is prohibited 

even if it is undertaken at the request of a Department or 

Administration official, unless the request takes the form of 

a nondiscretionary directive and is within the authority of 

the Department or Administration official making the request.’’. 

(b) INVESTIGATION OF COMPLAINTS.—Subsection (b) of such section is amended— 

(1) in paragraph (1), by inserting ‘‘fails to allege a violation 

of the prohibition in subsection (a), or has previously been 

addressed in another Federal or State judicial or administrative 

proceeding initiated by the complainant,’’ after ‘‘is frivolous,’’; 

(2) in paragraph (2)— 

(A) in subparagraph (A), by inserting ‘‘, fails to allege 

a violation of the prohibition in subsection (a), or has 

previously been addressed in another Federal or State 

judicial or administrative proceeding initiated by the 

complainant’’ after ‘‘is frivolous’’; and 

(B) in subparagraph (B), by inserting ‘‘, up to 180 

days,’’ after ‘‘such additional period of time’’; and 

(3) by adding at the end the following new paragraphs: 

‘‘(3) The Inspector General may not respond to any inquiry 

or disclose any information from or about any person alleging 

the reprisal, except to the extent that such response or disclosure 

is— 


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PUBLIC LAW 112–239—JAN. 2, 2013 126 STAT. 1835 

‘‘(A) made with the consent of the person alleging the 

reprisal; 

‘‘(B) made in accordance with the provisions of section 

552a of title 5 or as required by any other applicable Federal 

law; or 

‘‘(C) necessary to conduct an investigation of the alleged 

reprisal. 

‘‘(4) A complaint may not be brought under this subsection 

more than three years after the date on which the alleged reprisal 

took place.’’. 

(c) REMEDY AND ENFORCEMENT AUTHORITY.—Subsection (c) of 

such section is amended— 

(1) in paragraph (1)(B), by striking ‘‘the compensation 

(including back pay)’’ and inserting ‘‘compensatory damages 

(including back pay)’’; 

(2) in paragraph (2), by adding at the end following new 

sentence: ‘‘An action under this paragraph may not be brought 

more than two years after the date on which remedies are 

deemed to have been exhausted.’’; 

(3) in paragraph (4), by striking ‘‘and compensatory and 

exemplary damages.’’ and inserting ‘‘, compensatory and exemplary damages, and reasonable attorney fees and costs. The 

person upon whose behalf an order was issued may also file 

such an action or join in an action filed by the head of the 

agency.’’; 

(4) in paragraph (5), by adding at the end the following 

new sentence: ‘‘Filing such an appeal shall not act to stay 

the enforcement of the order of the head of an agency, unless 

a stay is specifically entered by the court.’’; and 

(5) by adding at the end the following new paragraphs: 

‘‘(6) The legal burdens of proof specified in section 1221(e) 

of title 5 shall be controlling for the purposes of any investigation 

conducted by an Inspector General, decision by the head of an 

agency, or judicial or administrative proceeding to determine 

whether discrimination prohibited under this section has occurred. 

‘‘(7) The rights and remedies provided for in this section may 

not be waived by any agreement, policy, form, or condition of 

employment.’’. 

(d) NOTIFICATION OF EMPLOYEES.—Such section is further 

amended— 

(1) by redesignating subsections (d) and (e) as subsections 

(f) and (g), respectively; and 

(2) by inserting after subsection (c) the following new subsection (d): 

‘‘(d) NOTIFICATION OF EMPLOYEES.—The Secretary of Defense 

and the Administrator of the National Aeronautics and Space 

Administration shall ensure that contractors and subcontractors 

of the Department of Defense and the National Aeronautics and 

Space Administration, as applicable, inform their employees in 

writing of the rights and remedies provided under this section, 

in the predominant native language of the workforce.’’. 

(e) EXCEPTIONS FOR INTELLIGENCE COMMUNITY.—Such section 

is further amended by inserting after subsection (d), as added 

by subsection (d)(2) of this section, the following new subsection 

(e): 


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126 STAT. 1836 PUBLIC LAW 112–239—JAN. 2, 2013 

‘‘(e) EXCEPTIONS.—(1) This section shall not apply to any element of the intelligence community, as defined in section 3(4) 

of the National Security Act of 1947 (50 U.S.C. 401a(4)). 

‘‘(2) This section shall not apply to any disclosure made by 

an employee of a contractor, subcontractor, or grantee of an element 

of the intelligence community if such disclosure— 

‘‘(A) relates to an activity of an element of the intelligence 

community; or 

‘‘(B) was discovered during contract, subcontract, or grantee 

services provided to an element of the intelligence community.’’. 

(f) ABUSE OF AUTHORITY DEFINED.—Subsection (g) of such section, as redesignated by subsection (d)(1) of this section, is further 

amended by adding at the end the following new paragraph: 

‘‘(6) The term ‘abuse of authority’ means the following: 

‘‘(A) An arbitrary and capricious exercise of authority 

that is inconsistent with the mission of the Department 

of Defense or the successful performance of a Department 

contract or grant. 

‘‘(B) An arbitrary and capricious exercise of authority 

that is inconsistent with the mission of the National Aeronautics and Space Administration or the successful 

performance of an Administration contract or grant.’’. 

(g) ALLOWABILITY OF LEGAL FEES.—Section 2324(k) of such 

title is amended— 

(1) in paragraph (1), by striking ‘‘commenced by the United 

States or a State’’ and inserting ‘‘commenced by the United 

States, by a State, or by a contractor employee submitting 

a complaint under section 2409 of this title’’; and 

(2) in paragraph (2)(C), by striking ‘‘the imposition of a 

monetary penalty’’ and inserting ‘‘the imposition of a monetary 

penalty or an order to take corrective action under section 

2409 of this title’’. 

(h) CONSTRUCTION.—Nothing in this section, or the amendments made by this section, shall be construed to provide any 

rights to disclose classified information not otherwise provided by 

law. 

(i) EFFECTIVE DATE.— 

(1) IN GENERAL.—The amendments made by this section 

shall take effect on the date that is 180 days after the date 

of the enactment of this Act, and shall apply to— 

(A) all contracts awarded on or after such date; 

(B) all task orders entered on or after such date pursuant to contracts awarded before, on, or after such date; 

and 

(C) all contracts awarded before such date that are 

modified to include a contract clause providing for the 

applicability of such amendments. 

(2) REVISION OF SUPPLEMENTS TO THE FAR.—Not later than 

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

Department of Defense Supplement to the Federal Acquisition 

Regulation and the National Aeronautics and Space Administration Supplement to the Federal Acquisition Regulation shall 

each be revised to implement the requirements arising under 

the amendments made by this section. 

(3) INCLUSION OF CONTRACT CLAUSE IN CONTRACTS AWARDED

BEFORE EFFECTIVE DATE.—At the time of any major modification 

to a contract that was awarded before the date that is 180 

Deadline. 

10 USC 2324 

note. 

Applicability. 

10 USC 2324 

note. 


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PUBLIC LAW 112–239—JAN. 2, 2013 126 STAT. 1837 

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

of the contracting agency shall make best efforts to include 

in the contract a contract clause providing for the applicability 

of the amendments made by this section to the contract. 

SEC. 828. PILOT PROGRAM FOR ENHANCEMENT OF CONTRACTOR 

EMPLOYEE WHISTLEBLOWER PROTECTIONS. 

(a) WHISTLEBLOWER PROTECTIONS.— 

(1) IN GENERAL.—Chapter 47 of title 41, United States 

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

section: 

‘‘§ 4712. Pilot program for enhancement of contractor protection from reprisal for disclosure of certain information 

‘‘(a) PROHIBITION OF REPRISALS.— 

‘‘(1) IN GENERAL.—An employee of a contractor, subcontractor, or grantee may not be discharged, demoted, or otherwise discriminated against as a reprisal for disclosing to a 

person or body described in paragraph (2) information that 

the employee reasonably believes is evidence of gross mismanagement of a Federal contract or grant, a gross waste 

of Federal funds, an abuse of authority relating to a Federal 

contract or grant, a substantial and specific danger to public 

health or safety, or a violation of law, rule, or regulation related 

to a Federal contract (including the competition for or negotiation of a contract) or grant. 

‘‘(2) PERSONS AND BODIES COVERED.—The persons and 

bodies described in this paragraph are the persons and bodies 

as follows: 

‘‘(A) A Member of Congress or a representative of a 

committee of Congress. 

‘‘(B) An Inspector General. 

‘‘(C) The Government Accountability Office. 

‘‘(D) A Federal employee responsible for contract or 

grant oversight or management at the relevant agency. 

‘‘(E) An authorized official of the Department of Justice 

or other law enforcement agency. 

‘‘(F) A court or grand jury. 

‘‘(G) A management official or other employee of the 

contractor, subcontractor, or grantee who has the responsibility to investigate, discover, or address misconduct. 

‘‘(3) RULES OF CONSTRUCTION.—For the purposes of paragraph (1)— 

‘‘(A) an employee who initiates or provides evidence 

of contractor, subcontractor, or grantee misconduct in any 

judicial or administrative proceeding relating to waste, 

fraud, or abuse on a Federal contract or grant shall be 

deemed to have made a disclosure covered by such paragraph; and 

‘‘(B) a reprisal described in paragraph (1) is prohibited 

even if it is undertaken at the request of an executive 

branch official, unless the request takes the form of a 

non-discretionary directive and is within the authority of 

the executive branch official making the request. 

‘‘(b) INVESTIGATION OF COMPLAINTS.— 

41 USC 4712. 


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126 STAT. 1838 PUBLIC LAW 112–239—JAN. 2, 2013 

‘‘(1) SUBMISSION OF COMPLAINT.—A person who believes 

that the person has been subjected to a reprisal prohibited 

by subsection (a) may submit a complaint to the Inspector 

General of the executive agency involved. Unless the Inspector 

General determines that the complaint is frivolous, fails to 

allege a violation of the prohibition in subsection (a), or has 

previously been addressed in another Federal or State judicial 

or administrative proceeding initiated by the complainant, the 

Inspector General shall investigate the complaint and, upon 

completion of such investigation, submit a report of the findings 

of the investigation to the person, the contractor or grantee 

concerned, and the head of the agency. 

‘‘(2) INSPECTOR GENERAL ACTION.— ‘‘(A) DETERMINATION OR SUBMISSION OF REPORT ON

FINDINGS.—Except as provided under subparagraph (B), 

the Inspector General shall make a determination that 

a complaint is frivolous, fails to allege a violation of the 

prohibition in subsection (a), or has previously been 

addressed in another Federal or State judicial or administrative proceeding initiated by the complainant or submit 

a report under paragraph (1) within 180 days after 

receiving the complaint. 

‘‘(B) EXTENSION OF TIME.—If the Inspector General 

is unable to complete an investigation in time to submit 

a report within the 180-day period specified in subparagraph (A) and the person submitting the complaint agrees 

to an extension of time, the Inspector General shall submit 

a report under paragraph (1) within such additional period 

of time, up to 180 days, as shall be agreed upon between 

the Inspector General and the person submitting the complaint. 

‘‘(3) PROHIBITION ON DISCLOSURE.—The Inspector General 

may not respond to any inquiry or disclose any information 

from or about any person alleging the reprisal, except to the 

extent that such response or disclosure is— 

‘‘(A) made with the consent of the person alleging 

the reprisal; 

‘‘(B) made in accordance with the provisions of section 

552a of title 5 or as required by any other applicable 

Federal law; or 

‘‘(C) necessary to conduct an investigation of the alleged 

reprisal. 

‘‘(4) TIME LIMITATION.—A complaint may not be brought 

under this subsection more than three years after the date 

on which the alleged reprisal took place. 

‘‘(c) REMEDY AND ENFORCEMENT AUTHORITY.— 

‘‘(1) IN GENERAL.—Not later than 30 days after receiving 

an Inspector General report pursuant to subsection (b), the 

head of the executive agency concerned shall determine whether 

there is sufficient basis to conclude that the contractor or 

grantee concerned has subjected the complainant to a reprisal 

prohibited by subsection (a) and shall either issue an order 

denying relief or shall take one or more of the following actions: 

‘‘(A) Order the contractor or grantee to take affirmative 

action to abate the reprisal. 

‘‘(B) Order the contractor or grantee to reinstate the 

person to the position that the person held before the 

Deadline. 

Determination. 

Order. 

Determination. 

Reports. 


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reprisal, together with compensatory damages (including 

back pay), employment benefits, and other terms and conditions of employment that would apply to the person in 

that position if the reprisal had not been taken. 

‘‘(C) Order the contractor or grantee to pay the 

complainant an amount equal to the aggregate amount 

of all costs and expenses (including attorneys’ fees and 

expert witnesses’ fees) that were reasonably incurred by 

the complainant for, or in connection with, bringing the 

complaint regarding the reprisal, as determined by the 

head of the executive agency. 

‘‘(2) EXHAUSTION OF REMEDIES.—If the head of an executive 

agency issues an order denying relief under paragraph (1) 

or has not issued an order within 210 days after the submission 

of a complaint under subsection (b), or in the case of an extension of time under paragraph (b)(2)(B), not later than 30 days 

after the expiration of the extension of time, and there is 

no showing that such delay is due to the bad faith of the 

complainant, the complainant shall be deemed to have 

exhausted all administrative remedies with respect to the complaint, and the complainant may bring a de novo action at 

law or equity against the contractor or grantee to seek compensatory damages and other relief available under this section 

in the appropriate district court of the United States, which 

shall have jurisdiction over such an action without regard to 

the amount in controversy. Such an action shall, at the request 

of either party to the action, be tried by the court with a 

jury. An action under this paragraph may not be brought 

more than two years after the date on which remedies are 

deemed to have been exhausted. 

‘‘(3) ADMISSIBILITY OF EVIDENCE.—An Inspector General 

determination and an agency head order denying relief under 

paragraph (2) shall be admissible in evidence in any de novo 

action at law or equity brought pursuant to this subsection. 

‘‘(4) ENFORCEMENT OF ORDERS.—Whenever a person fails 

to comply with an order issued under paragraph (1), the head 

of the executive agency concerned shall file an action for 

enforcement of such order in the United States district court 

for a district in which the reprisal was found to have occurred. 

In any action brought under this paragraph, the court may 

grant appropriate relief, including injunctive relief, compensatory and exemplary damages, and attorney fees and costs. 

The person upon whose behalf an order was issued may also 

file such an action or join in an action filed by the head 

of the executive agency. 

‘‘(5) JUDICIAL REVIEW.—Any person adversely affected or 

aggrieved by an order issued under paragraph (1) may obtain 

review of the order’s conformance with this subsection, and 

any regulations issued to carry out this section, in the United 

States court of appeals for a circuit in which the reprisal 

is alleged in the order to have occurred. No petition seeking 

such review may be filed more than 60 days after issuance 

of the order by the head of the executive agency. Review shall 

conform to chapter 7 of title 5. Filing such an appeal shall 

not act to stay the enforcement of the order of the head of 

an executive agency, unless a stay is specifically entered by 

the court. 

Time period. 

Deadlines. 


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126 STAT. 1840 PUBLIC LAW 112–239—JAN. 2, 2013 

‘‘(6) BURDENS OF PROOF.—The legal burdens of proof specified in section 1221(e) of title 5 shall be controlling for the 

purposes of any investigation conducted by an Inspector General, decision by the head of an executive agency, or judicial 

or administrative proceeding to determine whether discrimination prohibited under this section has occurred. 

‘‘(7) RIGHTS AND REMEDIES NOT WAIVABLE.—The rights and 

remedies provided for in this section may not be waived by 

any agreement, policy, form, or condition of employment. 

‘‘(d) NOTIFICATION OF EMPLOYEES.—The head of each executive 

agency shall ensure that contractors, subcontractors, and grantees 

of the agency inform their employees in writing of the rights and 

remedies provided under this section, in the predominant native 

language of the workforce. 

‘‘(e) CONSTRUCTION.—Nothing in this section may be construed 

to authorize the discharge of, demotion of, or discrimination against 

an employee for a disclosure other than a disclosure protected 

by subsection (a) or to modify or derogate from a right or remedy 

otherwise available to the employee. 

‘‘(f) EXCEPTIONS.—(1) This section shall not apply to any element of the intelligence community, as defined in section 3(4) 

of the National Security Act of 1947 (50 U.S.C. 401a(4)). 

‘‘(2) This section shall not apply to any disclosure made by 

an employee of a contractor, subcontractor, or grantee of an element 

of the intelligence community if such disclosure— 

‘‘(A) relates to an activity of an element of the intelligence 

community; or 

‘‘(B) was discovered during contract, subcontract, or grantee 

services provided to an element of the intelligence community. 

‘‘(g) DEFINITIONS.—In this section: 

‘‘(1) The term ‘abuse of authority’ means an arbitrary and 

capricious exercise of authority that is inconsistent with the 

mission of the executive agency concerned or the successful 

performance of a contract or grant of such agency. 

‘‘(2) The term ‘Inspector General’ means an Inspector General appointed under the Inspector General Act of 1978 and 

any Inspector General that receives funding from, or has oversight over contracts or grants awarded for or on behalf of, 

the executive agency concerned. 

‘‘(h) CONSTRUCTION.—Nothing in this section, or the amendments made by this section, shall be construed to provide any 

rights to disclose classified information not otherwise provided by 

law. 

‘‘(i) DURATION OF SECTION.—This section shall be in effect for 

the four-year period beginning on the date of the enactment of 

this section.’’. 

(2) CLERICAL AMENDMENT.—The table of sections at the 

beginning of such chapter is amended by adding at the end 

the following new item: 

‘‘4712. Pilot program for enhancement of contractor protection from reprisal for disclosure of certain information.’’. 

(b) EFFECTIVE DATE.— 

(1) IN GENERAL.—The amendments made by subsection 

(a) shall take effect on the date that is 180 days after the 

date of the enactment of this Act, and shall, during the period 

41 USC 4712 

note. 

Applicability. 

41 USC 

prec. 4701. 


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section 4712 of title 41, United States Code, as added by such 

subsection, is in effect, apply to— 

(A) all contracts and grants awarded on or after such 

date; 

(B) all task orders entered on or after such date pursuant to contracts awarded before, on, or after such date; 

and 

(C) all contracts awarded before such date that are 

modified to include a contract clause providing for the 

applicability of such amendments. 

(2) REVISION OF FEDERAL ACQUISITION REGULATION.—Not 

later than 180 days after the date of the enactment of this 

Act, the Federal Acquisition Regulation shall be revised to 

implement the requirements arising under the amendments 

made by this section. 

(3) INCLUSION OF CONTRACT CLAUSE IN CONTRACTS AWARDED

BEFORE EFFECTIVE DATE.—At the time of any major modification 

to a contract that was awarded before the date that is 180 

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

of the contracting agency shall make best efforts to include 

in the contract a contract clause providing for the applicability 

of the amendments made by this section to the contract. 

(c) SUSPENSION OF EFFECTIVENESS OF SECTION 4705 OF TITLE

41, UNITED STATES CODE, WHILE PILOT PROGRAM IS IN EFFECT.— 

Section 4705 of title 41, United States Code, is amended by adding 

at the end the following new subsection: 

‘‘(f) FOUR-YEAR SUSPENSION OF EFFECTIVENESS WHILE PILOT

PROGRAM IS IN EFFECT.—While section 4712 of this title is in 

effect, this section shall not be in effect.’’. 

(d) ALLOWABILITY OF LEGAL FEES.—Section 4310 of title 41, 

United States Code, is amended— 

(1) in subsection (b), by striking ‘‘commenced by the Federal 

Government or a State’’ and inserting ‘‘commenced by the Federal Government, by a State, or by a contractor or grantee 

employee submitting a complaint under section 4712 of this 

title’’; and 

(2) in subsection (c)(3), by striking ‘‘the imposition of a 

monetary penalty’’ and inserting ‘‘the imposition of a monetary 

penalty or an order to take corrective action under section 

4712 of this title’’. 

(e) GOVERNMENT ACCOUNTABILITY OFFICE STUDY AND

REPORT.— 

(1) STUDY.—Not later than three years after the date of 

the enactment of this Act, the Comptroller General of the 

United States shall begin conducting a study to evaluate the 

implementation of section 4712 of title 41, United States Code, 

as added by subsection (a). 

(2) REPORT.—Not later than four years after the date of 

the enactment of this Act, the Comptroller General shall submit 

to Congress a report on the results of the study required by 

paragraph (1), with such findings and recommendations as 

the Comptroller General considers appropriate. 

SEC. 829. EXTENSION OF CONTRACTOR CONFLICT OF INTEREST 

LIMITATIONS. 

(a) ASSESSMENT OF EXTENSION OF LIMITATIONS TO CERTAIN

ADDITIONAL FUNCTIONS AND CONTRACTS.—Not later than 180 days Deadline. 

Review. 

10 USC 2302 

note. 

Time period. 

Deadline. 


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after the date of the enactment of this Act, the Secretary of Defense 

shall review the guidance on personal conflicts of interest for contractor employees issued pursuant to section 841(a) of the Duncan 

Hunter National Defense Authorization Act for Fiscal Year 2009 

(Public Law 110–417; 122 Stat. 4537) in order to determine whether 

it would be in the best interest of the Department of Defense 

and the taxpayers to extend such guidance to personal conflicts 

of interest by contractor personnel performing any of the following: 

(1) Functions other than acquisition functions that are 

closely associated with inherently governmental functions (as 

that term is defined in section 2383(b)(3) of title 10, United 

States Code). 

(2) Personal services contracts (as that term is defined 

in section 2330a(g)(5) of title 10, United States Code). 

(3) Contracts for staff augmentation services (as that term 

is defined in section 808(d)(3) of the National Defense 

Authorization Act for Fiscal Year 2012 (Public Law 112–81; 

125 Stat. 1490)). 

(b) EXTENSION OF LIMITATIONS.—If the Secretary determines 

pursuant to the review under subsection (a) that the guidance 

on personal conflicts of interest should be extended, the Secretary 

shall revise the Defense Supplement to the Federal Acquisition 

Regulation to the extent necessary to achieve such extension. 

(c) RESULTS OF REVIEW.—Not later than 180 days after the 

date of the enactment of this Act, the Secretary shall document 

in writing the results of the review conducted under subsection 

(a), including, at a minimum— 

(1) the findings and recommendations of the review; and 

(2) the basis for such findings and recommendations. 

SEC. 830. REPEAL OF SUNSET FOR CERTAIN PROTESTS OF TASK AND 

DELIVERY ORDER CONTRACTS. 

Section 2304c(e) of title 10, United States Code, is amended 

by striking paragraph (3). 

SEC. 831. GUIDANCE AND TRAINING RELATED TO EVALUATING 

REASONABLENESS OF PRICE. 

(a) GUIDANCE.—Not later than 180 days after the date of the 

enactment of this Act, the Under Secretary of Defense for Acquisition, Technology, and Logistics shall issue guidance on the use 

of the authority provided by sections 2306a(d) and 2379 of title 

10, United States Code. The guidance shall— 

(1) include standards for determining whether information 

on the prices at which the same or similar items have previously 

been sold is adequate for evaluating the reasonableness of 

price; 

(2) include standards for determining the extent of 

uncertified cost information that should be required in cases 

in which price information is not adequate for evaluating the 

reasonableness of price; 

(3) ensure that in cases in which such uncertified cost 

information is required, the information shall be provided in 

the form in which it is regularly maintained by the offeror 

in its business operations; and 

(4) provide that no additional cost information may be 

required by the Department of Defense in any case in which 

there are sufficient non-Government sales to establish reasonableness of price. 

10 USC 2306a 

note. 

Deadlines. 

Deadline. 

Documentation. 

Determination. 


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(b) TRAINING AND EXPERTISE.—Not later than 270 days after 

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

Defense for Acquisition, Technology, and Logistics shall develop 

and begin implementation of a plan of action to— 

(1) train the acquisition workforce on the use of the 

authority provided by sections 2306a(d) and 2379 of title 10, 

United States Code, in evaluating reasonableness of price in 

procurements of commercial items; and 

(2) develop a cadre of experts within the Department of 

Defense to provide expert advice to the acquisition workforce 

in the use of the authority provided by such sections in accordance with the guidance issued pursuant to subsection (a). 

(c) DOCUMENTATION REQUIREMENTS.—The Under Secretary of 

Defense for Acquisition, Technology, and Logistics shall ensure 

that requests for uncertified cost information for the purposes of 

evaluating reasonableness of price are sufficiently documented. The 

Under Secretary shall require that the contract file include, at 

a minimum, the following: 

(1) A justification of the need for additional cost information. 

(2) A copy of any request from the Department of Defense 

to a contractor for additional cost information. 

(3) Any response received from the contractor to the 

request, including any rationale or justification provided by 

the contractor for a failure to provide the requested information. 

(d) COMPTROLLER GENERAL REVIEW AND REPORT.— 

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

United States shall conduct a review of data collected pursuant 

to sections 2306a(d) and 2379 of title 10, United States Code, 

during the two-year period beginning on the date of the enactment of this Act. 

(2) REPORT REQUIREMENT.—Not later than 180 days after 

the end of the two-year period referred to in paragraph (1), 

the Comptroller General shall submit to the congressional 

defense committees a report on— 

(A) the extent to which the Department of Defense 

needed access to additional cost information pursuant to 

sections 2306a(d) and 2379 of title 10, United States Code, 

during such two-year period in order to determine price 

reasonableness; 

(B) the extent to which acquisition officials of the 

Department of Defense complied with the guidance issued 

pursuant to subsection (a) during such two-year period; 

(C) the extent to which the Department of Defense 

needed access to additional cost information during such 

two-year period to determine reasonableness of price, but 

was not provided such information by the contractor on 

request; and 

(D) recommendations for improving evaluations of 

reasonableness of price by Department of Defense acquisition professionals, including recommendations for any 

amendments to law, regulations, or guidance. 

Time periods. 

Plans. 


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126 STAT. 1844 PUBLIC LAW 112–239—JAN. 2, 2013 

SEC. 832. DEPARTMENT OF DEFENSE ACCESS TO, USE OF, AND SAFEGUARDS AND PROTECTIONS FOR CONTRACTOR INTERNAL 

AUDIT REPORTS. 

(a) REVISED GUIDANCE REQUIRED.—Not later than 180 days 

after the date of the enactment of this Act, the Director of the 

Defense Contract Audit Agency shall revise guidance on access 

to defense contractor internal audit reports (including the Contract 

Audit Manual) to incorporate the requirements of this section. 

(b) DOCUMENTATION REQUIREMENTS.—The revised guidance 

shall ensure that requests for access to defense contractor internal 

audit reports are appropriately documented. The required documentation shall include, at a minimum, the following: 

(1) Written determination that access to such reports is 

necessary to complete required evaluations of contractor business systems. 

(2) A copy of any request from the Defense Contract Audit 

Agency to a contractor for access to such reports. 

(3) A record of response received from the contractor, 

including the contractor’s rationale or justification if access 

to requested reports was not granted. 

(b) SAFEGUARDS AND PROTECTIONS.—The revised guidance shall 

include appropriate safeguards and protections to ensure that contractor internal audit reports cannot be used by the Defense Contract Audit Agency for any purpose other than evaluating and 

testing the efficacy of contractor internal controls and the reliability 

of associated contractor business systems. 

(c) RISK-BASED AUDITING.—A determination by the Defense 

Contract Audit Agency that a contractor has a sound system of 

internal controls shall provide the basis for increased reliance on 

contractor business systems or a reduced level of testing with regard 

to specific audits, as appropriate. Internal audit reports provided 

by a contractor pursuant to this section may be considered in 

determining whether or not a contractor has a sound system of 

internal controls, but shall not be the sole basis for such a determination. 

(d) COMPTROLLER GENERAL REVIEW.—Not later than one year 

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

of the United States shall initiate a review of the documentation 

required by subsection (a). Not later than 90 days after completion 

of the review, the Comptroller General shall submit to the congressional defense committees a report on the results of the review, 

with findings and recommendations for improving the audit processes of the Defense Contract Audit Agency. 

SEC. 833. CONTRACTOR RESPONSIBILITIES IN REGULATIONS 

RELATING TO DETECTION AND AVOIDANCE OF COUNTERFEIT ELECTRONIC PARTS. 

Section 818(c)(2)(B) of the National Defense Authorization Act 

for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 1493; 10 U.S.C. 

2302 note) is amended to read as follows: 

‘‘(B) the cost of counterfeit electronic parts and suspect 

counterfeit electronic parts and the cost of rework or corrective action that may be required to remedy the use or 

inclusion of such parts are not allowable costs under 

Department contracts, unless— 

10 USC 2302 

note. 

Determination. 

10 USC 2313 

note. 


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‘‘(i) the covered contractor has an operational 

system to detect and avoid counterfeit parts and suspect counterfeit electronic parts that has been reviewed 

and approved by the Department of Defense pursuant 

to subsection (e)(2)(B); 

‘‘(ii) the counterfeit electronic parts or suspect 

counterfeit electronic parts were provided to the contractor as Government property in accordance with 

part 45 of the Federal Acquisition Regulation; and 

‘‘(iii) the covered contractor provides timely notice 

to the Government pursuant to paragraph (4).’’. 

Subtitle D—Provisions Relating to Contracts in Support of Contingency Operations 

SEC. 841. EXTENSION AND EXPANSION OF AUTHORITY TO ACQUIRE 

PRODUCTS AND SERVICES PRODUCED IN COUNTRIES 

ALONG A MAJOR ROUTE OF SUPPLY TO AFGHANISTAN. 

(a) EXTENSION OF TERMINATION DATE.—Subsection (f) of section 

801 of the National Defense Authorization Act for Fiscal Year 

2010 (Public Law 111–84; 123 Stat. 2399) is amended by striking 

‘‘on or after the date occurring three years after the date of the 

enactment of this Act’’ and inserting ‘‘after December 31, 2014’’. 

(b) EXPANSION OF AUTHORITY TO COVER FORCES OF THE UNITED

STATES AND COALITION FORCES.—Subsection (b)(1) of such section 

is amended— 

(1) in subparagraph (B), by striking ‘‘or’’ at the end; 

(2) in subparagraph (C), by adding ‘‘or’’ at the end; and 

(3) by adding at the end the following: 

‘‘(D) by the United States or coalition forces in Afghanistan if the product or service is from a country that has 

agreed to allow the transport of coalition personnel, equipment, and supplies;’’. 

(c) REPEAL OF EXPIRED REPORT REQUIREMENT.—Subsection (g) 

of such section is repealed. 

(d) CLERICAL AMENDMENT.—The heading of such section is 

amended by striking ‘‘; REPORT’’. 

SEC. 842. LIMITATION ON AUTHORITY TO ACQUIRE PRODUCTS AND 

SERVICES PRODUCED IN AFGHANISTAN. 

Section 886 of the National Defense Authorization Act for Fiscal 

Year 2008 (Public Law 110–181; 122 Stat. 266; 10 U.S.C. 2302 

note) is amended— 

(1) in the section heading, by striking ‘‘IRAQ OR’’; 

(2) by striking ‘‘Iraq or’’ each place it appears; and 

(3) in the subsection heading of subsection (c), by striking 

‘‘IRAQ OR’’. 

SEC. 843. RESPONSIBILITY WITHIN DEPARTMENT OF DEFENSE FOR 

OPERATIONAL CONTRACT SUPPORT. 

(a) GUIDANCE REQUIRED.—Not later than one year after the 

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

develop and issue guidance establishing the chain of authority 

Deadline. 

10 USC 2302 

note. 


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and responsibility within the Department of Defense for policy, 

planning, and execution of operational contract support. 

(b) ELEMENTS.—The guidance under subsection (a) shall, at 

a minimum— 

(1) specify the officials, offices, and components of the 

Department within the chain of authority and responsibility 

described in subsection (a); 

(2) identify for each official, office, and component specified 

under paragraph (1)— 

(A) requirements for policy, planning, and execution 

of contract support for operational contract support, 

including, at a minimum, requirements in connection 

with— 

(i) coordination of functions, authorities, and 

responsibilities related to operational contract support, 

including coordination with relevant Federal agencies; 

(ii) assessments of total force data in support of 

Department force planning scenarios, including the 

appropriateness of and necessity for the use of contractors for identified functions; 

(iii) determinations of capability requirements for 

nonacquisition community operational contract support, and identification of resources required for planning, training, and execution to meet such requirements; and 

(iv) determinations of policy regarding the use of 

contractors by function, and identification of the 

training exercises that will be required for operational 

contract support (including an assessment whether or 

not such exercises will include contractors); and 

(B) roles, authorities, responsibilities, and lines of 

supervision for the achievement of the requirements identified under subparagraph (A); and 

(3) ensure that the chain of authority and responsibility 

described in subsection (a) is appropriately aligned with, and 

appropriately integrated into, the structure of the Department 

for the conduct of overseas contingency operations, including 

the military departments, the Joint Staff, and the commanders 

of the unified combatant commands. 

SEC. 844. DATA COLLECTION ON CONTRACT SUPPORT FOR FUTURE 

OVERSEAS CONTINGENCY OPERATIONS INVOLVING COMBAT OPERATIONS. 

(a) IN GENERAL.—Not later than one year after the date of 

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

of State, and the Administrator of the United States Agency for 

International Development shall each issue guidance regarding data 

collection on contract support for future contingency operations 

outside the United States that involve combat operations. 

(b) ELEMENTS.—The guidance required by subsection (a) shall 

ensure that the Department of Defense, the Department of State, 

and the United States Agency for International Development take 

the steps necessary to ensure that each agency has the capability 

to collect and report, at a minimum, the following data regarding 

such contract support: 

(1) The total number of contracts entered into as of the 

date of any report. 

Deadline. 

Guidance. 

10 USC 2302 

note. 


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(2) The total number of such contracts that are active 

as of such date. 

(3) The total value of contracts entered into as of such 

date. 

(4) The total value of such contracts that are active as 

of such date. 

(5) An identification of the extent to which the contracts 

entered into as of such date were entered into using competitive 

procedures. 

(6) The total number of contractor personnel working under 

contracts entered into as of the end of each calendar quarter 

during the one-year period ending on such date. 

(7) The total number of contractor personnel performing 

security functions under contracts entered into as of the end 

of each calendar quarter during the one-year period ending 

on such date. 

(8) The total number of contractor personnel killed or 

wounded under any contracts entered into. 

(c) COMPTROLLER GENERAL REVIEW AND REPORT.— 

(1) REVIEW.—The Comptroller General of the United States 

shall review the data system or systems established to track 

contractor data pursuant to subsections (a) and (b). The review 

shall, with respect to each such data system, at a minimum— 

(A) identify each such data system and assess the 

resources needed to sustain such system; 

(B) determine if all such data systems are interoperable, use compatible data standards, and meet the requirements of section 2222 of title 10, United States Code; 

and 

(C) make recommendations on the steps that the 

Department of Defense, the Department of State, and the 

United States Agency for International Development should 

take to ensure that all such data systems— 

(i) meet the requirements of the guidance issued 

pursuant to subsections (a) and (b); 

(ii) are interoperable, use compatible data standards, and meet the requirements of section 2222 of 

such title; and 

(iii) are supported by appropriate business processes and rules to ensure the timeliness and reliability 

of data. 

(2) REPORT.—Not later than two years after the date of 

the enactment of this Act, the Comptroller General shall submit 

a report on the review required by paragraph (1) to the following committees: 

(A) The congressional defense committees. 

(B) The Committee on Foreign Relations and the Committee on Homeland Security and Governmental Affairs 

of the Senate. 

(C) The Committee on Foreign Affairs and the Committee on Oversight and Government Reform of the House 

of Representatives. 


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SEC. 845. INCLUSION OF OPERATIONAL CONTRACT SUPPORT IN CERTAIN REQUIREMENTS FOR DEPARTMENT OF DEFENSE 

PLANNING, JOINT PROFESSIONAL MILITARY EDUCATION, 

AND MANAGEMENT STRUCTURE. 

(a) READINESS REPORTING SYSTEM.—Section 117(c) of title 10, 

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

new paragraph: 

‘‘(8) Measure, on an annual basis, the capability of operational contract support to support current and anticipated 

wartime missions of the armed forces.’’. 

(b) OPERATIONAL CONTRACT SUPPORT PLANNING AND PREPAREDNESS FUNCTIONS OF CJCS.—Section 153(a)(3) of such title is 

amended by adding at the end the following new subparagraph: 

‘‘(F) In coordination with the Under Secretary of Defense 

for Acquisition, Technology, and Logistics, the Secretaries of 

the military departments, the heads of the Defense Agencies, 

and the commanders of the combatant commands, determining 

the operational contract support requirements of the armed 

forces and recommending the resources required to improve 

and enhance operational contract support for the armed forces 

and planning for such operational contract support.’’. 

(c) OPERATIONAL CONTRACT SUPPORT AS MATTER WITHIN

COURSE OF JOINT PROFESSIONAL MILITARY EDUCATION.—Section 

2151(a) of such title is amended by adding at the end the following 

new paragraph: 

‘‘(6) Operational contract support.’’. 

(d) MANAGEMENT STRUCTURE.—Section 2330(c)(2) of such title 

is amended by striking ‘‘other than services’’ and all that follows 

and inserting ‘‘including services in support of contingency operations. The term does not include services relating to research 

and development or military construction.’’. 

SEC. 846. REQUIREMENTS FOR RISK ASSESSMENTS RELATED TO CONTRACTOR PERFORMANCE. 

(a) RISK ASSESSMENTS FOR CONTRACTOR PERFORMANCE IN

OPERATIONAL OR CONTINGENCY PLANS.—The Secretary of Defense 

shall require that a risk assessment on reliance on contractors 

be included in operational or contingency plans developed by a 

commander of a combatant command in executing the responsibilities prescribed in section 164 of title 10, United States Code. 

Such risk assessments shall address, at a minimum, the potential 

risks listed in subsection (c). 

(b) COMPREHENSIVE RISK ASSESSMENTS AND MITIGATION PLANS

FOR CONTRACTOR PERFORMANCE IN SUPPORT OF OVERSEAS CONTINGENCY OPERATIONS.— 

(1) IN GENERAL.—Subject to paragraphs (2) and (3), not 

later than six months after the commencement or designation 

of a contingency operation outside the United States that 

includes or is expected to include combat operations, the head 

of each covered agency shall perform a comprehensive risk 

assessment and develop a risk mitigation plan for operational 

and political risks associated with contractor performance of 

critical functions in support of the operation for such covered 

agency. 

(2) EXCEPTIONS.—Except as provided in paragraph (3), a 

risk assessment and risk mitigation plan shall not be required 

under paragraph (1) for an overseas contingency operation if— 

Deadline. 

10 USC 2302 

note. 


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(A) the operation is not expected to continue for more 

than one year; and 

(B) the total amount of obligations for contracts for 

support of the operation for the covered agency is not 

expected to exceed $250,000,000. 

(3) TERMINATION OF EXCEPTIONS.—Notwithstanding paragraph (2), the head of a covered agency shall perform a risk 

assessment and develop a risk mitigation plan under paragraph 

(1) for an overseas contingency operation with regard to which 

a risk assessment and risk mitigation plan has not previously 

been performed under paragraph (1) not later than 60 days 

after the date on which— 

(A) the operation has continued for more than one 

year; or 

(B) the total amount of obligations for contracts for 

support of the operation for the covered agency exceeds 

$250,000,000. 

(c) COMPREHENSIVE RISK ASSESSMENTS.—A comprehensive risk 

assessment under subsection (b) shall consider, at a minimum, 

risks relating to the following: 

(1) The goals and objectives of the operation (such as risks 

from contractor behavior or performance that may injure 

innocent members of the local population or offend their sensibilities). 

(2) The continuity of the operation (such as risks from 

contractors refusing to perform or being unable to perform 

when there may be no timely replacements available). 

(3) The safety of military and civilian personnel of the 

United States if the presence or performance of contractor 

personnel creates unsafe conditions or invites attack. 

(4) The safety of contractor personnel employed by the 

covered agency. 

(5) The managerial control of the Government over the 

operation (such as risks from over-reliance on contractors to 

monitor other contractors or inadequate means for Government 

personnel to monitor contractor performance). 

(6) The critical organic or core capabilities of the Government, including critical knowledge or institutional memory of 

key operations areas and subject-matter expertise. 

(7) The ability of the Government to control costs, avoid 

organizational or personal conflicts of interest, and minimize 

waste, fraud, and abuse. 

(d) RISK MITIGATION PLANS.—A risk mitigation plan under 

subsection (b) shall include, at a minimum, the following: 

(1) For each high-risk area identified in the comprehensive 

risk assessment for the operation performed under subsection 

(b)— 

(A) specific actions to mitigate or reduce such risk, 

including the development of alternative capabilities to 

reduce reliance on contractor performance of critical functions; 

(B) measurable milestones for the implementation of 

planned risk mitigation or risk reduction measures; and 

(C) a process for monitoring, measuring, and documenting progress in mitigating or reducing risk. 

(2) A continuing process for identifying and addressing 

new and changed risks arising in the course of the operation, 

Deadline. 


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126 STAT. 1850 PUBLIC LAW 112–239—JAN. 2, 2013 

including the periodic reassessment of risks and the development of appropriate risk mitigation or reduction plans for any 

new or changed high-risk area identified. 

(e) CRITICAL FUNCTIONS.—For purposes of this section, critical 

functions include, at a minimum, the following: 

(1) Private security functions, as that term is defined in 

section 864(a)(6) of the National Defense Authorization Act 

for Fiscal Year 2008 (10 U.S.C. 2302 note). 

(2) Training and advising Government personnel, including 

military and security personnel, of a host nation. 

(3) Conducting intelligence or information operations. 

(4) Any other functions that are closely associated with 

inherently governmental functions, including the functions set 

forth in section 7.503(d) of the Federal Acquisition Regulation. 

(5) Any other functions that are deemed critical to the 

success of the operation. 

(f) COVERED AGENCY.—In this section, the term ‘‘covered 

agency’’ means the Department of Defense, the Department of State, 

and the United States Agency for International Development. 

SEC. 847. EXTENSION AND MODIFICATION OF REPORTS ON CONTRACTING IN IRAQ AND AFGHANISTAN. 

(a) TWO-YEAR EXTENSION OF REQUIREMENT FOR JOINT

REPORT.—Subsection (a)(5) of section 863 of the National Defense 

Authorization Act for Fiscal Year 2008 (10 U.S.C. 2302 note) is 

amended by striking ‘‘February 1, 2013’’ and inserting ‘‘February 

1, 2015’’. 

(b) REPEAL OF COMPTROLLER GENERAL REVIEW.—Such section 

is further amended by striking subsection (b). 

(c) CONFORMING AMENDMENTS.— 

(1) IN GENERAL.—Such section is further amended— 

(A) by striking ‘‘JOINT REPORT REQUIRED.—’’ and all 

that follows through ‘‘paragraph (6)’’ and inserting ‘‘IN GENERAL.—Except as provided in subsection (f)’’; 

(B) by striking ‘‘this subsection’’ each place it appears 

and inserting ‘‘this section’’; 

(C) by redesignating paragraphs (2) through (7) as 

subsections (b) through (g), respectively, and by moving 

the left margins of such subsections (including the subparagraphs in such subsections), as so redesignated, two ems 

to the left; 

(D) in subsection (b), as redesignated by subparagraph 

(C) of this paragraph— 

(i) by capitalizing the second and third words of 

the heading; and 

(ii) by redesignating subparagraphs (A) through 

(I) as paragraphs (1) through (9), respectively; 

(E) in subsection (c), as redesignated by subparagraph 

(C) of this paragraph— 

(i) by capitalizing the second and third words of 

the heading; 

(ii) by redesignating subparagraphs (A) through 

(C) as paragraphs (1) through (3), respectively; and 

(iii) by striking ‘‘paragraph (2)’’ each place it 

appears and inserting ‘‘subsection (b)’’; 

Definition. 


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(F) in subsection (d), as redesignated by subparagraph 

(C) of this paragraph, by capitalizing the second word of 

the heading; 

(G) in subsection (e), as redesignated by subparagraph 

(C) of this paragraph, by capitalizing the third word of 

the heading; 

(H) in subsection (f), as redesignated by subparagraph 

(C) of this paragraph, by striking ‘‘this paragraph’’ and 

inserting ‘‘this subsection’’; and 

(I) in subsection (g), as redesignated by subparagraph 

(C) of this paragraph, by striking ‘‘paragraph (2)(F)’’ and 

inserting ‘‘subsection (b)(6)’’. 

(2) HEADING AMENDMENT.—The heading of such section 

is amended by striking ‘‘AND COMPTROLLER GENERAL REVIEW’’. 

SEC. 848. RESPONSIBILITIES OF INSPECTORS GENERAL FOR OVERSEAS CONTINGENCY OPERATIONS. 

The Inspector General Act of 1978 (5 U.S.C. App.) is amended— 

(1) by redesignating section 8L as section 8M; and 

(2) by inserting after section 8J the following new section 

8L: 

‘‘SEC. 8L. SPECIAL PROVISIONS CONCERNING OVERSEAS CONTINGENCY OPERATIONS. 

‘‘(a) ADDITIONAL RESPONSIBILITIES OF CHAIR OF COUNCIL OF

INSPECTORS GENERAL ON INTEGRITY AND EFFICIENCY.—Upon the 

commencement or designation of a military operation as an overseas 

contingency operation that exceeds 60 days, the Chair of the Council 

of Inspectors General on Integrity and Efficiency (CIGIE) shall, 

in consultation with the members of the Council, have the additional 

responsibilities specified in subsection (b) with respect to the Inspectors General specified in subsection (c). 

‘‘(b) SPECIFIC RESPONSIBILITIES.—The responsibilities specified 

in this subsection are the following: 

‘‘(1) In consultation with the Inspectors General specified 

in subsection (c), to designate a lead Inspector General in 

accordance with subsection (d) to discharge the authorities 

of the lead Inspector General for the overseas contingency 

operation concerned as set forth in subsection (d). 

‘‘(2) To resolve conflicts of jurisdiction among the Inspectors 

General specified in subsection (c) on investigations, inspections, and audits with respect to such contingency operation 

in accordance with subsection (d)(2)(B). 

‘‘(3) To assist in identifying for the lead inspector general 

for such contingency operation, Inspectors General and 

inspector general office personnel available to assist the lead 

Inspector General and the other Inspectors General specified 

in subsection (c) on matters relating to such contingency operation. 

‘‘(c) INSPECTORS GENERAL.—The Inspectors General specified 

in this subsection are the Inspectors General as follows: 

‘‘(1) The Inspector General of the Department of Defense. 

‘‘(2) The Inspector General of the Department of State. 

‘‘(3) The Inspector General of the United States Agency 

for International Development. 

‘‘(d) LEAD INSPECTOR GENERAL FOR OVERSEAS CONTINGENCY

OPERATION.—(1) A lead Inspector General for an overseas contingency operation shall be designated by the Chair of the Council Designation. 

Deadline. 

Time period. 

Time period. 

5 USC app. 8L. 


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of Inspectors General on Integrity and Efficiency under subsection 

(b)(1) not later than 30 days after the commencement or designation 

of the military operation concerned as an overseas contingency 

operation that exceeds 60 days. The lead Inspector General for 

a contingency operation shall be designated from among the Inspectors General specified in subsection (c). 

‘‘(2) The lead Inspector General for an overseas contingency 

operation shall have the following responsibilities: 

‘‘(A) To appoint, from among the offices of the other Inspectors General specified in subsection (c), an Inspector General 

to act as associate Inspector General for the contingency operation who shall act in a coordinating role to assist the lead 

Inspector General in the discharge of responsibilities under 

this subsection. 

‘‘(B) To develop and carry out, in coordination with the 

offices of the other Inspectors General specified in subsection 

(c), a joint strategic plan to conduct comprehensive oversight 

over all aspects of the contingency operation and to ensure 

through either joint or individual audits, inspections, and investigations, independent and effective oversight of all programs 

and operations of the Federal Government in support of the 

contingency operation. 

‘‘(C) To review and ascertain the accuracy of information 

provided by Federal agencies relating to obligations and 

expenditures, costs of programs and projects, accountability 

of funds, and the award and execution of major contracts, 

grants, and agreements in support of the contingency operation. 

‘‘(D)(i) If none of the Inspectors General specified in subsection (c) has principal jurisdiction over a matter with respect 

to the contingency operation, to exercise responsibility for discharging oversight responsibilities in accordance with this Act 

with respect to such matter. 

‘‘(ii) If more than one of the Inspectors General specified 

in subsection (c) has jurisdiction over a matter with respect 

to the contingency operation, to determine principal jurisdiction 

for discharging oversight responsibilities in accordance with 

this Act with respect to such matter. 

‘‘(E) To employ, or authorize the employment by the other 

Inspectors General specified in subsection (c), on a temporary 

basis using the authorities in section 3161 of title 5, United 

States Code, such auditors, investigators, and other personnel 

as the lead Inspector General considers appropriate to assist 

the lead Inspector General and such other Inspectors General 

on matters relating to the contingency operation. 

‘‘(F) To submit to Congress on a bi-annual basis, and to 

make available on an Internet website available to the public, 

a report on the activities of the lead Inspector General and 

the other Inspectors General specified in subsection (c) with 

respect to the contingency operation, including— 

‘‘(i) the status and results of investigations, inspections, 

and audits and of referrals to the Department of Justice; 

and 

‘‘(ii) overall plans for the review of the contingency 

operation by inspectors general, including plans for investigations, inspections, and audits. 

Deadline. 

Web posting. 

Public 

information. 

Reports. 


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‘‘(G) To submit to Congress on a quarterly basis, and to 

make available on an Internet website available to the public, 

a report on the contingency operation. 

‘‘(H) To carry out such other responsibilities relating to 

the coordination and efficient and effective discharge by the 

Inspectors General specified in subsection (c) of duties relating 

to the contingency operation as the lead Inspector General 

shall specify. 

‘‘(3)(A) The lead Inspector General for an overseas contingency 

operation may employ, or authorize the employment by the other 

Inspectors General specified in subsection (c) of, annuitants covered 

by section 9902(g) of title 5, United States Code, for purposes 

of assisting the lead Inspector General in discharging responsibilities under this subsection with respect to the contingency operation. 

‘‘(B) The employment of annuitants under this paragraph shall 

be subject to the provisions of section 9902(g) of title 5, United 

States Code, as if the lead Inspector General concerned was the 

Department of Defense. 

‘‘(C) The period of employment of an annuitant under this 

paragraph may not exceed three years, except that the period 

may be extended for up to an additional two years in accordance 

with the regulations prescribed pursuant to section 3161(b)(2) of 

title 5, United States Code. 

‘‘(4) The lead Inspector General for an overseas contingency 

operation shall discharge the responsibilities for the contingency 

operation under this subsection in a manner consistent with the 

authorities and requirements of this Act generally and the authorities and requirements applicable to the Inspectors General specified 

in subsection (c) under this Act. 

‘‘(e) SUNSET FOR PARTICULAR CONTINGENCY OPERATIONS.—The 

requirements and authorities of this section with respect to an 

overseas contingency operation shall cease at the end of the first 

fiscal year after the commencement or designation of the contingency operation in which the total amount appropriated for the 

contingency operation is less than $100,000,000. 

‘‘(f) CONSTRUCTION OF AUTHORITY.—Nothing in this section 

shall be construed to limit the ability of the Inspectors General 

specified in subsection (c) to enter into agreements to conduct 

joint audits, inspections, or investigations in the exercise of their 

oversight responsibilities in accordance with this Act with respect 

to overseas contingency operations.’’. 

SEC. 849. OVERSIGHT OF CONTRACTS AND CONTRACTING ACTIVITIES 

FOR OVERSEAS CONTINGENCY OPERATIONS IN RESPONSIBILITIES OF CHIEF ACQUISITION OFFICERS OF FEDERAL 

AGENCIES. 

(a) IN GENERAL.—Subsection (b)(3) of section 1702 of title 41, 

United States Code, is amended— 

(1) by redesignating subparagraphs (F) and (G) as subparagraphs (G) and (H), respectively; and 

(2) by inserting after subparagraph (E) the following new 

subparagraph (F): 

‘‘(F) advising the executive agency on the applicability of 

relevant policy on the contracts of the agency for overseas 

contingency operations and ensuring the compliance of the contracts and contracting activities of the agency with such policy;’’. 

Deadline. 

Web posting. 

Public 

information. 

Reports. 


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(b) DEFINITION.—Such section is further amended by adding 

at the end the following new subsection: 

‘‘(d) OVERSEAS CONTINGENCY OPERATIONS DEFINED.—In this 

section, the term ‘overseas contingency operations’ means military 

operations outside the United States and its territories and possessions that are a contingency operation (as that term is defined 

in section 101(a)(13) of title 10).’’. 

SEC. 850. REPORTS ON RESPONSIBILITY WITHIN DEPARTMENT OF 

STATE AND THE UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT FOR CONTRACT SUPPORT FOR 

OVERSEAS CONTINGENCY OPERATIONS. 

(a) DOS AND USAID REPORTS REQUIRED.—Not later than six 

months after the date of the enactment of this Act, the Secretary 

of State and the Administrator of the United States Agency for 

International Development shall, in consultation with the Chief 

Acquisition Officer of the Department of State and the Chief 

Acquisition Officer of the United States Agency for International 

Development, respectively, each submit to the appropriate committees of Congress an assessment of Department of State and United 

States Agency for International Development policies governing 

contract support in overseas contingency operations. 

(b) ELEMENTS.—Each report under subsection (a) shall include 

the following: 

(1) A description and assessment of the roles and responsibilities of the officials, offices, and components of the Department of State or the United States Agency for International 

Development, as applicable, within the chain of authority and 

responsibility for policy, planning, and execution of contract 

support for overseas contingency operations. 

(2) Procedures and processes of the Department or Agency, 

as applicable, on the following in connection with contract 

support for overseas contingency operations: 

(A) Collection, inventory, and reporting of data. 

(B) Acquisition planning. 

(C) Solicitation and award of contracts. 

(D) Requirements development and management. 

(E) Contract tracking and oversight. 

(F) Performance evaluations. 

(G) Risk management. 

(H) Interagency coordination and transition planning. 

(3) Strategies and improvements necessary for the Department or the Agency, as applicable, to address reliance on contractors, workforce planning, and the recruitment and training 

of acquisition workforce personnel, including the anticipated 

number of personnel needed to perform acquisition management and oversight functions and plans for achieving personnel 

staffing goals, in connection with overseas contingency operations. 

(c) COMPTROLLER GENERAL REPORT.—Not later than one year 

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

of the United States shall submit to the appropriate committees 

of Congress a report on the progress of the efforts of the Department 

of State and the United States Agency for International Development in implementing improvements and changes identified under 

paragraphs (1) through (3) of subsection (b) in the reports required 

by subsection (a), together with such additional information as 

Consultation. 

Assessment. 

22 USC 2151 

note. 


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the Comptroller General considers appropriate to further inform 

such committees on issues relating to the reports required by subsection (a). 

(d) APPROPRIATE COMMITTEES OF CONGRESS DEFINED.—In this 

section, the term ‘‘appropriate committees of Congress’’ means— 

(1) the Committee on Foreign Relations, the Committee 

on Armed Services, the Committee on Homeland Security and 

Governmental Affairs, and the Committee on Appropriations 

of the Senate; and 

(2) the Committee on Foreign Affairs, the Committee on 

Armed Services, the Committee on Oversight and Government 

Reform, and the Committee on Appropriations of the House 

of Representatives. 

SEC. 851. DATABASE ON PRICE TRENDS OF ITEMS AND SERVICES 

UNDER FEDERAL CONTRACTS. 

(a) DATABASE REQUIRED.— 

(1) IN GENERAL.—Chapter 33 of title 41, United States 

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

section: 

‘‘§ 3312. Database on price trends of items and services under 

Federal contracts 

‘‘(a) DATABASE REQUIRED.—The Administrator shall establish 

and maintain a database of information on price trends for items 

and services under contracts with the Federal Government. The 

information in the database shall be designed to assist Federal 

acquisition officials in the following: 

‘‘(1) Monitoring developments in price trends for items and 

services under contracts with the Federal Government. 

‘‘(2) Conducting price or cost analyses for items and services 

under offers for contracts with the Federal Government, or 

otherwise conducting determinations of the reasonableness of 

prices for items and services under such offers, and addressing 

unjustified escalation in prices being paid by the Federal 

Government for items and services under contracts with the 

Federal Government. 

‘‘(b) USE.—(1) The database under subsection (a) shall be available to executive agencies in the evaluation of offers for contracts 

with the Federal Government for items and services. 

‘‘(2) The Secretary of Defense may satisfy the requirements 

of this section by complying with the requirements of section 892 

of the Ike Skelton National Defense Authorization Act for Fiscal 

Year 2011 (10 U.S.C. 2306a note).’’. 

(2) CLERICAL AMENDMENT.—The table of sections at the 

beginning of chapter 33 of such title is amended by adding 

at the end the following new item: 

‘‘3312. Database on price trends of items and services under Federal contracts.’’. 

(b) USE OF ELEMENTS OF DEPARTMENT OF DEFENSE PILOT

PROJECT.—In establishing the database required by section 3312 

of title 41, United States Code (as added by subsection (a)), the 

Administrator for Federal Procurement Policy shall use and incorporate appropriate elements of the pilot project on pricing being 

carried out by the Under Secretary of Defense for Acquisition, 

Technology, and Logistics pursuant to section 892 of the Ike Skelton 

National Defense Authorization Act for Fiscal Year 2011 (10 U.S.C. 

41 USC 3312 

note. 

41 USC 

prec. 3301. 

41 USC 3312 

note. 


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2306a note) and the Better Buying Power initiative of the Secretary 

of Defense. 

SEC. 852. INFORMATION ON CORPORATE CONTRACTOR PERFORMANCE AND INTEGRITY THROUGH THE FEDERAL AWARDEE 

PERFORMANCE AND INTEGRITY INFORMATION SYSTEM. 

Subsection (d) of section 2313 of title 41, United States Code, 

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

‘‘(3) INFORMATION ON CORPORATIONS.—The information in 

the database on a person that is a corporation shall, to the 

extent practicable, include information on any parent, subsidiary, or successor entities to the corporation in a manner 

designed to give the acquisition officials using the database 

a comprehensive understanding of the performance and integrity of the corporation in carrying out Federal contracts and 

grants.’’. 

SEC. 853. INCLUSION OF DATA ON CONTRACTOR PERFORMANCE IN 

PAST PERFORMANCE DATABASES FOR EXECUTIVE 

AGENCY SOURCE SELECTION DECISIONS. 

(a) STRATEGY REQUIRED.— 

(1) IN GENERAL.—Not later than 180 days after the date 

of the enactment of this Act, the Federal Acquisition Regulatory 

Council shall develop a strategy for ensuring that timely, 

accurate, and complete information on contractor performance 

is included in past performance databases used by executive 

agencies for making source selection decisions. 

(2) CONSULTATION WITH USDATL.—In developing the 

strategy required by this subsection, the Federal Acquisition 

Regulatory Council shall consult with the Under Secretary 

of Defense for Acquisition, Technology, and Logistics to ensure 

that the strategy is, to the extent practicable, consistent with 

the strategy developed by the Under Secretary pursuant to 

section 806 of the National Defense Authorization Act for Fiscal 

Year 2012 (Public Law 112–81; 125 Stat. 1487; 10 U.S.C. 2302 

note). 

(b) ELEMENTS.—The strategy required by subsection (a) shall, 

at a minimum— 

(1) establish standards for the timeliness and completeness 

of past performance submissions for purposes of databases 

described in subsection (a); 

(2) assign responsibility and management accountability 

for the completeness of past performance submissions for such 

purposes; and 

(3) ensure that past performance submissions for such purposes are consistent with award fee evaluations in cases where 

such evaluations have been conducted. 

(c) CONTRACTOR COMMENTS.—Not later than 180 days after 

the date of the enactment of this Act, the Federal Acquisition 

Regulation shall be revised to require the following: 

(1) That affected contractors are provided, in a timely 

manner, information on contractor performance to be included 

in past performance databases in accordance with subsection 

(a). 

(2) That such contractors are afforded up to 14 calendar 

days, from the date of delivery of the information provided 

in accordance with paragraph (1), to submit comments, 

Deadlines. 

Deadline. 

41 USC 1126 

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rebuttals, or additional information pertaining to past performance for inclusion in such databases. 

(3) That agency evaluations of contractor past performance, 

including any comments, rebuttals, or additional information 

submitted under paragraph (2), are included in the relevant 

past performance database not later than the date that is 

14 days after the date of delivery of the information provided 

in accordance with paragraph (1). 

(d) CONSTRUCTION.—Nothing in this section shall be construed 

to prohibit a contractor from submitting comments, rebuttals, or 

additional information pertaining to past performance after the 

period described in subsection (c)(2) has elapsed or to prohibit 

a contractor from challenging a past performance evaluation in 

accordance with applicable laws, regulations, or procedures. 

(e) COMPTROLLER GENERAL REPORT.—Not later than 18 months 

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

of the United States shall submit to the appropriate committees 

of Congress a report on the actions taken by the Federal Acquisition 

Regulatory Council pursuant to this section, including an assessment of the following: 

(1) The extent to which the strategy required by subsection 

(a) is consistent with the strategy developed by the Under 

Secretary of Defense for Acquisition, Technology, and Logistics 

as described in subsection (a)(2). 

(2) The extent to which the actions of the Federal Acquisition Regulatory Council pursuant to this section have otherwise 

achieved the objectives of this section. 

(f) DEFINITIONS.—In this section: 

(1) The term ‘‘appropriate committees of Congress’’ means— 

(A) the Committee on Armed Services, the Committee 

on Foreign Relations, the Committee on Homeland Security 

and Governmental Affairs, and the Committee on Appropriations of the Senate; and 

(B) the Committee on Armed Services, the Committee 

on Foreign Affairs, the Committee on Oversight and 

Government Reform, and the Committee on Appropriations 

of the House of Representatives. 

(2) The term ‘‘executive agency’’ has the meaning given 

that term in section 133 of title 41, United States Code, except 

that the term excludes the Department of Defense and the 

military departments. 

(3) The term ‘‘Federal Acquisition Regulatory Council’’ 

means the Federal Acquisition Regulatory Council under section 1302(a) of title 41, United States Code. 

Subtitle E—Other Matters 

SEC. 861. REQUIREMENTS AND LIMITATIONS FOR SUSPENSION AND 

DEBARMENT OFFICIALS OF THE DEPARTMENT OF 

DEFENSE, THE DEPARTMENT OF STATE, AND THE UNITED 

STATES AGENCY FOR INTERNATIONAL DEVELOPMENT. 

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

of the enactment of this Act, the head of the covered agency concerned shall ensure the following: 

(1) There shall be not less than one suspension and debarment official— 

Deadline. 

31 USC 6101 

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(A) in the case of the Department of Defense, for each 

of the Department of the Army, the Department of the 

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

Logistics Agency; 

(B) for the Department of State; and 

(C) for the United States Agency for International 

Development. 

(2) A suspension and debarment official under paragraph 

(1) may not report to or be subject to the supervision of the 

acquisition office or the Inspector General— 

(A) in the case of the Department of Defense, of either 

the Department of Defense or the military department 

or Defense Agency concerned; and 

(B) in the case of the Department of State and the 

United States Agency for International Development, of 

the covered agency concerned. 

(3) Each suspension and debarment official under paragraph (1) shall have a staff and resources adequate for the 

discharge of the suspension and debarment responsibilities of 

such official. 

(4) Each suspension and debarment official under paragraph (1) shall document the basis for any final decision taken 

pursuant to a formal referral in accordance with the policies 

established under paragraph (5). 

(5) Each suspension and debarment official under paragraph (1) shall, in consultation with the General Counsel of 

the covered agency, establish in writing policies for the consideration of the following: 

(A) Formal referrals of suspension and debarment matters. 

(B) Suspension and debarment matters that are not 

formally referred. 

(b) DUTIES OF INTERAGENCY COMMITTEE ON DEBARMENT AND

SUSPENSION.—Section 873 of the Duncan Hunter National Defense 

Authorization Act for Fiscal Year 2009 (31 U.S.C. 6101 note) is 

amended— 

(1) in subsection (a)— 

(A) in paragraph (1), by inserting ‘‘, including with 

respect to contracts in connection with contingency operations’’ before the semicolon; and 

(B) in paragraph (7)— 

(i) in subparagraph (B), by striking ‘‘and’’ at the 

end; 

(ii) in subparagraph (C), by striking the period 

at the end and inserting ‘‘; and’’; and 

(iii) by adding at the end the following new 

subparagraph: 

‘‘(D) a summary of suspensions, debarments, and 

administrative agreements during the previous year.’’; and 

(2) by striking subsection (b) and inserting the following 

new subsections: 

‘‘(b) DATE OF SUBMITTAL OF ANNUAL REPORTS.—The annual 

report required by subsection (a)(7) shall be submitted not later 

than January 31 of each year, beginning with January 31, 2014. 

‘‘(c) DEFINITIONS.—In this section: 

‘‘(1) The term ‘contingency operation’ has the meaning given 

that term in section 101(a)(13) of title 10, United States Code. 


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‘‘(2) The term ‘Interagency Committee on Debarment and 

Suspension’ means the committee constituted under sections 

4 and 5 of Executive Order No. 12549.’’. 

(c) COVERED AGENCY.—In this section, the term ‘‘covered 

agency’’ means the Department of Defense, the Department of State, 

and the United States Agency for International Development. 

SEC. 862. UNIFORM CONTRACT WRITING SYSTEM REQUIREMENTS. 

(a) UNIFORM STANDARDS AND CONTROLS REQUIRED.—Not later 

than 180 days after the date of the enactment of this Act, the 

officials specified in subsection (b) shall— 

(1) establish uniform data standards, internal control 

requirements, independent verification and validation requirements, and business process rules for processing procurement 

requests, contracts, receipts, and invoices by the Department 

of Defense or other executive agencies, as applicable; 

(2) establish and maintain one or more approved electronic 

contract writing systems that conform with the standards, 

requirements, and rules established pursuant to paragraph (1); 

and 

(3) require the use of electronic contract writing systems 

approved in accordance with paragraph (2) for all contracts 

entered into by the Department of Defense or other executive 

agencies, as applicable. 

(b) COVERED OFFICIALS.—The officials specified in this subsection are the following: 

(1) The Secretary of Defense, with respect to the Department of Defense and the military departments. 

(2) The Administrator for Federal Procurement Policy, with 

respect to the executive agencies other than the Department 

of Defense and the military departments. 

(c) ELECTRONIC WRITING SYSTEMS FOR DEPARTMENT OF STATE

AND USAID.—Notwithstanding subsection (b)(2), the Secretary of 

State and the Administrator of the United States Agency for International Development may meet the requirements of subsection 

(a)(2) with respect to approved electronic contract writing systems 

for the Department of State and the United States Agency for 

International Development, respectively, if the Secretary and the 

Administrator, as the case may be, demonstrate to the Administrator for Federal Procurement Policy that prior investment of 

resources in existing contract writing systems will result in the 

most cost effective and efficient means to satisfy such requirements. 

(d) PHASE-IN OF IMPLEMENTATION OF REQUIREMENT FOR

APPROVED SYSTEMS.—The officials specified in subsection (b) may 

phase in the implementation of the requirement to use approved 

electronic contract writing systems in accordance with subsection 

(a)(3) over a period of up to five years beginning with the date 

of the enactment of this Act. 

(e) REPORTS.—Not later than 180 days after the date of the 

enactment of this Act, the officials specified in subsection (b) shall 

each submit to the appropriate committees of Congress a report 

on the implementation of the requirements of this section. Each 

report shall, at a minimum— 

(1) describe the standards, requirements, and rules established pursuant to subsection (a)(1); 

(2) identify the electronic contract writing systems 

approved pursuant to subsection (a)(2) and, if multiple systems 

Time period. 

Effective date. 

41 USC 

prec. 3101 note. 

Deadline. 

Definition. 


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are approved, explain why the use of such multiple systems 

is the most efficient and effective approach to meet the contract 

writing needs of the Federal Government; and 

(3) provide the schedule for phasing in the use of approved 

electronic contract writing systems in accordance with subsections (a)(3) and (d). 

(f) DEFINITIONS.—In this section: 

(1) The term ‘‘appropriate committees of Congress’’ means— 

(A) the Committee on Armed Services, the Committee 

on Foreign Relations, the Committee on Homeland Security 

and Governmental Affairs, and the Committee on Appropriations of the Senate; and 

(B) the Committee on Armed Services, the Committee 

on Foreign Affairs, the Committee on Oversight and 

Government Reform, and the Committee on Appropriations 

of the House of Representatives. 

(2) The term ‘‘executive agency’’ has the meaning given 

that term in section 133 of title 41, United States Code. 

SEC. 863. EXTENSION OF OTHER TRANSACTION AUTHORITY. 

Section 845(i) of the National Defense Authorization Act for 

Fiscal Year 1994 (10 U.S.C. 2371 note) is amended by striking 

‘‘September 30, 2013’’ and inserting ‘‘September 30, 2018’’. 

SEC. 864. REPORT ON ALLOWABLE COSTS OF COMPENSATION OF CONTRACTOR EMPLOYEES. 

(a) REPORT REQUIRED.—Not later than 120 days after the date 

of the enactment of this Act, the Comptroller General of the United 

States shall submit to Congress a report on the effect of reducing 

the allowable costs of contractor compensation of employees to 

the amount payable to the President under section 102 of title 

3, United States Code, or to the amount payable to the Vice President under section 104 of such title. 

(b) MATTERS COVERED.—The report shall include, at a minimum, the following: 

(1) An estimate of the total number of contractor employees 

whose allowable costs of compensation in each of fiscal years 

2010, 2011, and 2012 would have exceeded the amount of 

allowable costs under section 2324(e)(1)(P) of title 10, United 

States Code. 

(2) An estimate of the total number of contractor employees 

whose allowable costs of compensation in each of fiscal years 

2010, 2011, and 2012 exceeded the amount payable to the 

President under section 102 of title 3, United States Code. 

(3) An estimate of the total number of contractor employees 

whose allowable costs of compensation in fiscal year 2012 

exceeded the amount payable to the Vice President under section 104 of title 3, United States Code. 

(4) An estimate of the total number of contractor employees 

in fiscal year 2012 that could have been characterized as falling 

within a narrowly targeted exception established by the Secretary of Defense under section 2324(e)(1)(P) of title 10, United 

States Code, as a result of the amendment made by section 

803(a)(2) of the National Defense Authorization Act for Fiscal 

Year 2012 (Public Law 112–81; 125 Stat. 1485). 

(5) A description of the duties and services performed in 

fiscal year 2012 by employees who were characterized by their 


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employers as falling within a narrowly targeted exception 

described in paragraph (4). 

(6) An assessment of whether the compensation amounts 

provided in fiscal year 2012 to employees who were characterized by their employers as falling within a narrowly targeted 

exception described in paragraph (4) were provided in a manner 

consistent with private sector practice. 

(7) An assessment of the extent to which contractor 

employees received compensation in the form of vested or 

unvested stock options. 

(8) An assessment of the potential impact on the Department of Defense, contractors of the Department of Defense, 

and employees of such contractors of adjusting the amount 

of allowable costs of contractor compensation to the amount 

specified in paragraph (2) or the amount specified in paragraph 

(3). 

(9) Such recommendations as the Comptroller General considers appropriate. 

SEC. 865. REPORTS ON USE OF INDEMNIFICATION AGREEMENTS. 

(a) IN GENERAL.—Not later than 90 days after the end of 

each of fiscal years 2013 through 2016, the Secretary of Defense 

shall submit to the appropriate committees of Congress a report 

on any actions described in subsection (b) which occurred during 

the preceding fiscal years. 

(b) ACTIONS DESCRIBED.— 

(1) IN GENERAL.—An action described in this subsection 

is the Secretary of Defense— 

(A) entering into a contract that includes an indemnification provision relating to bodily injury caused by negligence or relating to wrongful death; or 

(B) modifying an existing contract to include a provision described in subparagraph (A) in a contract. 

(2) EXCLUDED CONTRACTS.—Paragraph (1) shall not apply 

to any contract awarded in accordance with— 

(A) section 2354 of title 10, United States Code; or 

(B) the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et 

seq.). 

(c) MATTERS INCLUDED.—For each action covered in a report 

under subsection (a), the report shall include— 

(1) the name of the contractor; 

(2) a description of the indemnification provision included 

in the contract; and 

(3) a justification for the contract including the indemnification provision. 

(d) FORM.—Each report under subsection (a) shall be submitted 

in unclassified form, but may include a classified annex. 

(e) APPROPRIATE COMMITTEES OF CONGRESS DEFINED.—In this 

section, the term ‘‘appropriate committees of Congress’’ means— 

(1) the Committee on Armed Services, the Committee on 

the Budget, and the Committee on Appropriations of the Senate; 

and 

(2) the Committee on Armed Services, the Committee on 

the Budget, and the Committee on Appropriations of the House 

of Representatives. 


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126 STAT. 1862 PUBLIC LAW 112–239—JAN. 2, 2013 

SEC. 866. PLAN TO INCREASE NUMBER OF CONTRACTORS ELIGIBLE 

FOR CONTRACTS UNDER AIR FORCE NETCENTS-2 CONTRACT. 

(a) PLAN REQUIRED.—Not later than 180 days after the date 

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

to the congressional defense committees a plan to increase the 

number of contractors eligible to be awarded contracts under the 

Air Force’s Network-Centric Solutions-2 (NETCENTS-2) indefinitedelivery, indefinite-quantity (IDIQ) contract. 

(b) CONTENT.—The plan required under subsection (a) shall 

include the following elements: 

(1) A recommendation and rationale for a maximum 

number of contractors to be eligible for contract awards under 

NETCENTS-2 to foster competition and reduce overall costs 

associated with hardware and operation and maintenance of 

Air Networks. 

(2) The methodology used to periodically review existing 

eligible NETCENTS-2 contractors and contracts. 

(3) A timeline to increase the current number of eligible 

contractors under NETCENTS-2 and dates of future ‘‘on-ramps’’ 

under NETCENTS-2 to assess current eligible contractors and 

add additional eligible contractors. 

SEC. 867. INCLUSION OF INFORMATION ON PREVALENT GROUNDS FOR 

SUSTAINING BID PROTESTS IN ANNUAL PROTEST REPORT 

BY COMPTROLLER GENERAL TO CONGRESS. 

Section 3554(e)(2) of title 31, United States Code, is amended 

by adding at the end the following: ‘‘The report shall also include 

a summary of the most prevalent grounds for sustaining protests 

during such preceding year.’’. 

TITLE IX—DEPARTMENT OF DEFENSE 

ORGANIZATION AND MANAGEMENT 

Subtitle A—Department of Defense Management 

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

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

Sec. 903. Designation of Department of Defense senior official for enterprise resource planning system data conversion. 

Sec. 904. Additional responsibilities and resources for Deputy Assistant Secretary 

of Defense for Developmental Test and Evaluation. 

Sec. 905. Definition and report on terms ‘‘preparation of the environment’’ and 

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

Sec. 906. Information for Deputy Chief Management Officer of the Department of 

Defense from the military departments and Defense Agencies for defense business system investment reviews. 

Subtitle B—Space Activities 

Sec. 911. Reports on integration of acquisition and capability delivery schedules for 

segments of major satellite acquisition programs and funding for such 

programs. 

Sec. 912. Commercial space launch cooperation. 

Sec. 913. Limitation on international agreements concerning outer space activities. 

Sec. 914. Operationally Responsive Space Program Office. 

Sec. 915. Report on overhead persistent infrared technology. 

Sec. 916. Assessment of foreign components and the space launch capability of the 

United States. 

Sec. 917. Report on counter space technology. 

Deadline. 


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PUBLIC LAW 112–239—JAN. 2, 2013 126 STAT. 1863 

Subtitle C—Intelligence-Related Activities 

Sec. 921. Authority to provide geospatial intelligence support to certain security alliances and regional organizations. 

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

Sec. 923. Review of Army Distributed Common Ground System. 

Sec. 924. Electro-optical imagery. 

Sec. 925. Defense Clandestine Service. 

Subtitle D—Cyberspace-Related Matters 

Sec. 931. Implementation strategy for Joint Information Environment. 

Sec. 932. Next-generation host-based cyber security system for the Department of 

Defense. 

Sec. 933. Improvements in assurance of computer software procured by the Department of Defense. 

Sec. 934. Competition in connection with Department of Defense tactical data link 

systems. 

Sec. 935. Collection and analysis of network flow data. 

Sec. 936. Competition for large-scale software database and data analysis tools. 

Sec. 937. Software licenses of the Department of Defense. 

Sec. 938. Sense of Congress on potential security risks to Department of Defense 

networks. 

Sec. 939. Quarterly cyber operations briefings. 

Sec. 940. Sense of Congress on the United States Cyber Command. 

Sec. 941. Reports to Department of Defense on penetrations of networks and information systems of certain contractors. 

Subtitle E—Other Matters 

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

Joint Requirements Oversight Council. 

Sec. 952. Enhancement of responsibilities of the Chairman of the Joint Chiefs of 

Staff regarding the national military strategy. 

Sec. 953. One-year extension of authority to waive reimbursement of costs of activities for nongovernmental personnel at Department of Defense regional 

centers for security studies. 

Sec. 954. National Language Service Corps. 

Sec. 955. Savings to be achieved in civilian personnel workforce and service contractor workforce of the Department of Defense. 

Sec. 956. Expansion of persons eligible for expedited Federal hiring following completion of National Security Education Program scholarship. 

Subtitle A—Department of Defense 

Management 

SEC. 901. ADDITIONAL DUTIES OF DEPUTY ASSISTANT SECRETARY 

OF DEFENSE FOR MANUFACTURING AND INDUSTRIAL 

BASE POLICY AND AMENDMENTS TO STRATEGIC MATERIALS PROTECTION BOARD. 

(a) RESPONSIBILITIES OF DEPUTY ASSISTANT SECRETARY.—Section 139c(b) of title 10, United States Code, is amended— 

(1) by striking paragraphs (1) through (4) and inserting 

the following: 

‘‘(1) Providing input to strategy reviews, including quadrennial defense reviews conducted pursuant to section 118 of this 

title, on matters related to— 

‘‘(A) the defense industrial base; and 

‘‘(B) materials critical to national security. 

‘‘(2) Establishing policies of the Department of Defense 

for developing and maintaining the defense industrial base 

of the United States and ensuring a secure supply of materials 

critical to national security. 

‘‘(3) Providing recommendations on budget matters pertaining to the industrial base, the supply chain, and the 


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development and retention of skills necessary to support the 

industrial base. 

‘‘(4) Providing recommendations and acquisition policy 

guidance on supply chain management and supply chain vulnerability throughout the entire supply chain, from suppliers of 

raw materials to producers of major end items.’’; 

(2) by striking paragraph (5) and redesignating paragraphs 

(6), (7), (8), (9), and (10) as paragraphs (5), (6), (7), (8), and 

(9), respectively; 

(3) by inserting after paragraph (9), as so redesignated, 

the following new paragraph (10): 

‘‘(10) Providing policy and oversight of matters related to 

materials critical to national security to ensure a secure supply 

of such materials to the Department of Defense.’’; 

(4) by redesignating paragraph (15) as paragraph (18); 

and 

(5) by inserting after paragraph (14) the following new 

paragraphs: 

‘‘(15) Coordinating with the Director of Small Business 

Programs on all matters related to industrial base policy of 

the Department of Defense. 

‘‘(16) Ensuring reliable sources of materials critical to 

national security, such as specialty metals, armor plate, and 

rare earth elements. 

‘‘(17) Establishing policies of the Department of Defense 

for continued reliable resource availability from secure sources 

for the industrial base of the United States.’’. 

(b) MATERIALS CRITICAL TO NATIONAL SECURITY DEFINED.— 

Section 139c of such title is further amended by adding at the 

end the following new subsection: 

‘‘(d) MATERIALS CRITICAL TO NATIONAL SECURITY DEFINED.— 

In this section, the term ‘materials critical to national security’ 

has the meaning given that term in section 187(e)(1) of this title.’’. 

(c) AMENDMENTS TO STRATEGIC MATERIALS PROTECTION

BOARD.— 

(1) MEMBERSHIP.—Paragraph (2) of section 187(a) of such 

title is amended to read as follows: 

‘‘(2) The Board shall be composed of the following: 

‘‘(A) The Deputy Assistant Secretary of Defense for Manufacturing and Industrial Base Policy, who shall be the chairman 

of the Board. 

‘‘(B) The Administrator of the Defense Logistics Agency 

Strategic Materials, or any successor organization, who shall 

be the vice chairman of the Board. 

‘‘(C) A designee of the Assistant Secretary of the Army 

for Acquisition, Logistics, and Technology. 

‘‘(D) A designee of the Assistant Secretary of the Navy 

for Research, Development, and Acquisition. 

‘‘(E) A designee of the Assistant Secretary of the Air Force 

for Acquisition.’’. 

(2) DUTIES.—Paragraphs (3) and (4) of section 187(b) of 

such title are each amended by striking ‘‘President’’ and 

inserting ‘‘Secretary’’. 

(3) MEETINGS.—Section 187(c) of such title is amended 

by striking ‘‘Secretary of Defense’’ and inserting ‘‘Deputy Assistant Secretary of Defense for Manufacturing and Industrial Base 

Policy’’. 


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PUBLIC LAW 112–239—JAN. 2, 2013 126 STAT. 1865 

(4) REPORTS.—Section 187(d) of such title is amended to 

read as follows: 

‘‘(d) REPORTS.—(1) Subject to paragraph (2), after each meeting 

of the Board, the Board shall prepare a report containing the 

results of the meeting and such recommendations as the Board 

determines appropriate. Each such report shall be submitted to 

the congressional defense committees, together with comments and 

recommendations from the Secretary of Defense, not later than 

90 days after the meeting covered by the report. 

‘‘(2) In any year in which the Board meets more than once, 

each report prepared by the Board as required by paragraph (1) 

may be combined into one annual report and submitted as provided 

by paragraph (1) not later than 90 days after the last meeting 

of the year.’’. 

SEC. 902. REQUIREMENT FOR FOCUS ON URGENT OPERATIONAL 

NEEDS AND RAPID ACQUISITION. 

(a) DESIGNATION OF SENIOR OFFICIAL RESPONSIBLE FOR FOCUS

ON URGENT OPERATIONAL NEEDS AND RAPID ACQUISITION.— 

(1) IN GENERAL.—The Secretary of Defense, after consultation with the Secretaries of the military departments, shall 

designate a senior official in the Office of the Secretary of 

Defense as the principal official of the Department of Defense 

responsible for leading the Department’s actions on urgent 

operational needs and rapid acquisition, in accordance with 

this section. 

(2) STAFF AND RESOURCES.—The Secretary shall assign to 

the senior official designated under paragraph (1) appropriate 

staff and resources necessary to carry out the official’s functions 

under this section. 

(b) RESPONSIBILITIES.—The senior official designated under subsection (a) shall be responsible for the following: 

(1) Acting as an advocate within the Department of Defense 

for issues related to the Department’s ability to rapidly respond 

to urgent operational needs, including programs funded and 

carried out by the military departments. 

(2) Improving visibility of urgent operational needs 

throughout the Department, including across the military 

departments, the Defense Agencies, and all other entities and 

processes in the Department that address urgent operational 

needs. 

(3) Ensuring that tools and mechanisms are used to track, 

monitor, and manage the status of urgent operational needs 

within the Department, from validation through procurement 

and fielding, including a formal feedback mechanism for the 

Armed Forces to provide information on how well fielded solutions are meeting urgent operational needs. 

(c) URGENT OPERATIONAL NEEDS DEFINED.—In this section, 

the term ‘‘urgent operational needs’’ means capabilities that are 

determined by the Secretary of Defense, pursuant to the review 

process required by section 804(b) of the Ike Skelton National 

Defense Authorization Act for Fiscal Year 2011 (10 U.S.C. 2302 

note), to be suitable for rapid fielding in response to urgent operational needs. 

10 USC 2302 

note. 


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126 STAT. 1866 PUBLIC LAW 112–239—JAN. 2, 2013 

SEC. 903. DESIGNATION OF DEPARTMENT OF DEFENSE SENIOR OFFICIAL FOR ENTERPRISE RESOURCE PLANNING SYSTEM 

DATA CONVERSION. 

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

this Act, the Secretary of Defense shall— 

(1) designate a senior official of the Department of Defense 

as the official with principal responsibility for coordination 

and management oversight of data conversion for all enterprise 

resource planning systems of the Department; and 

(2) set forth the responsibilities of that senior official with 

respect to such data conversion. 

SEC. 904. ADDITIONAL RESPONSIBILITIES AND RESOURCES FOR 

DEPUTY ASSISTANT SECRETARY OF DEFENSE FOR 

DEVELOPMENTAL TEST AND EVALUATION. 

(a) DIRECT COMMUNICATION.—Section 139b(a)(3) of title 10, 

United States Code, is amended by striking ‘‘to the Under Secretary’’ 

before the period and inserting ‘‘to the Under Secretary. The Deputy 

Assistant Secretary may communicate views on matters within 

the responsibility of the Deputy Assistant Secretary directly to 

the Under Secretary without obtaining the approval or concurrence 

of any other official within the Department of Defense’’. 

(b) DUTIES.—Section 139b(a)(5) of such title is amended— 

(1) in subparagraph (A)(i), by striking ‘‘in the Department 

of Defense’’ and inserting ‘‘in the military departments and 

other elements of the Department of Defense’’; 

(2) in subparagraph (B), by striking ‘‘review and approve’’ 

and inserting ‘‘review and approve or disapprove’’; 

(3) in subparagraph (C), by striking ‘‘programs’’ and 

inserting ‘‘programs (including the activities of chief developmental testers and lead developmental test evaluation organizations designated in accordance with subsection (c))’’; 

(4) in subparagraph (E), by striking ‘‘and’’ after the semicolon at the end; and 

(5) by redesignating subparagraph (F) as subparagraph 

(G) and by inserting after subparagraph (E) the following new 

subparagraph (F): 

‘‘(F) in consultation with the Assistant Secretary of 

Defense for Research and Engineering, assess the technological maturity and integration risk of critical technologies 

at key stages in the acquisition process; and’’. 

(c) CONCURRENT SERVICE.—Section 139b(a)(7) of such title is 

amended by striking ‘‘may’’ and inserting ‘‘shall’’. 

(d) RESOURCES.—Section 139b(a) of such title is amended by 

adding at the end the following new paragraph: 

‘‘(8) RESOURCES.— 

‘‘(A) The President shall include in the budget transmitted to Congress, pursuant to section 1105 of title 31, 

for each fiscal year, a separate statement of estimated 

expenditures and proposed appropriations for the fiscal 

year for the activities of the Deputy Assistant Secretary 

of Defense for Developmental Test and Evaluation in carrying out the duties and responsibilities of the Deputy 

Assistant Secretary under this section. 

‘‘(B) The Deputy Assistant Secretary of Defense for 

Developmental Test and Evaluation shall have sufficient 

professional staff of military and civilian personnel to 

President. 

Deadline. 

10 USC 113 note. 


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PUBLIC LAW 112–239—JAN. 2, 2013 126 STAT. 1867 

enable the Deputy Assistant Secretary to carry out the 

duties and responsibilities prescribed by law.’’. 

(e) CONSULTATIONS RELATING TO TECHNOLOGICAL READINESS.— 

(1) CONSULTATION ON REPORT ON CRITICAL TECH- NOLOGIES.—Section 138b(b)(2) of such title is amended by 

striking ‘‘The Assistant Secretary shall submit’’ and inserting 

‘‘The Assistant Secretary, in consultation with the Deputy 

Assistant Secretary of Defense for Developmental Test and 

Evaluation, shall submit’’. 

(2) CONSULTATION DURING CERTIFICATION PROCESS FOR

MAJOR DEFENSE ACQUISITION PROGRAMS.—Section 

2366b(a)(3)(D) of such title is amended by striking ‘‘the Assistant Secretary of Defense for Research and Engineering’’ and 

inserting ‘‘the Assistant Secretary of Defense for Research and 

Engineering, in consultation with the Deputy Assistant Secretary of Defense for Developmental Test and Evaluation’’. 

(f) DUTIES OF CHIEF DEVELOPMENTAL TESTER AND LEAD

DEVELOPMENTAL TEST AND EVALUATION ORGANIZATION.—Section 

139b(c) of such title is amended— 

(1) in paragraph (2), by striking ‘‘shall be responsible for’’ 

and inserting ‘‘, consistent with policies and guidance issued 

pursuant to subsection (a)(5)(A), shall be responsible for’’; 

(2) in paragraph (3), by striking ‘‘shall be responsible for’’ 

and inserting ‘‘, consistent with policies and guidance issued 

pursuant to subsection (a)(5)(A), shall be responsible for’’; and 

(3) by adding at the end the following new paragraph: 

‘‘(4) TRANSMITTAL OF RECORDS AND DATA.—The chief 

developmental tester and the lead developmental test and 

evaluation organization for a major defense acquisition program 

shall promptly transmit to the Deputy Assistant Secretary of 

Defense for Developmental Test and Evaluation any records 

or data relating to the program that are requested by the 

Deputy Assistant Secretary, as provided in subsection (a)(6).’’. 

(g) ANNUAL REPORT.—Section 139b(d) of such title is amended— 

(1) in the subsection heading, by striking ‘‘JOINT’’; 

(2) by redesignating paragraphs (1), (2), (3), and (4) as 

subparagraphs (A), (B), (C), and (D), respectively, and moving 

each subparagraph (as so redesignated) two ems to the right; 

(3) by striking ‘‘Not later than March 31’’ and inserting: 

‘‘(1) IN GENERAL.—Not later than March 31’’; 

(4) in the matter appearing before subparagraph (A), as 

so redesignated, by striking ‘‘jointly’’ and inserting ‘‘each’’; and 

(5) by adding at the end the following new paragraph: 

‘‘(2) ADDITIONAL REQUIREMENTS FOR REPORT BY DEPUTY

ASSISTANT SECRETARY OF DEFENSE FOR DEVELOPMENTAL TEST

AND EVALUATION.—With respect to the report required under 

paragraph (1) by the Deputy Assistant Secretary of Defense 

for Developmental Test and Evaluation, the report shall 

include— 

‘‘(A) a separate section that covers the activities of 

the Department of Defense Test Resource Management 

Center (established under section 196 of this title) during 

the preceding year; and 

‘‘(B) a separate section that addresses the adequacy 

of the resources available to the Deputy Assistant Secretary 

of Defense for Developmental Test and Evaluation and 

to the lead developmental test and evaluation organizations 


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126 STAT. 1868 PUBLIC LAW 112–239—JAN. 2, 2013 

of the military departments to carry out the responsibilities 

prescribed by this section.’’. 

(h) REPORTS TO CONGRESS ON FAILURE TO COMPLY WITH RECOMMENDATIONS.— (1) REPORT REQUIRED.—Not later than 60 days after the 

end of each fiscal year, from fiscal year 2013 through fiscal 

year 2018, the Under Secretary of Defense for Acquisition, 

Technology, and Logistics shall submit to the congressional 

defense committees a report on each case in which a major 

defense acquisition program, in the preceding fiscal year— 

(A) proceeded to implement a test and evaluation 

master plan notwithstanding a decision of the Deputy 

Assistant Secretary of Defense for Developmental Test and 

Evaluation to disapprove the developmental test and 

evaluation plan within that plan in accordance with section 

139b(a)(5)(B) of title 10, United States Code; or 

(B) proceeded to initial operational testing and evaluation notwithstanding a determination by the Deputy Assistant Secretary of Defense for Developmental Test and 

Evaluation on the basis of an assessment of operational 

test readiness that the program is not ready for operational 

testing. 

(2) MATTERS COVERED.— 

(A) For each program covered by paragraph (1)(A), 

the report shall include the following: 

(i) A description of the specific aspects of the 

developmental test and evaluation plan that the 

Deputy Assistant Secretary determined to be inadequate. 

(ii) An explanation of the reasons why the program 

disregarded the Deputy Assistant Secretary’s recommendations with regard to those aspects of the 

developmental test and evaluation plan. 

(iii) The steps taken to address those aspects of 

the developmental test and evaluation plan and 

address the concerns of the Deputy Assistant Secretary. 

(B) For each program covered by paragraph (1)(B), 

the report shall include the following: 

(i) An explanation of the reasons why the program 

proceeded to initial operational testing and evaluation 

notwithstanding the findings of the assessment of operational test readiness. 

(ii) A description of the aspects of the approved 

testing and evaluation master plan that had to be 

set aside to enable the program to proceed to initial 

operational testing and evaluation. 

(iii) A description of how the program addressed 

the specific areas of concern raised in the assessment 

of operational test readiness. 

(iv) A statement of whether initial operational 

testing and evaluation identified any significant shortcomings in the program. 

(3) ADDITIONAL CONGRESSIONAL NOTIFICATION.—Not later 

than 30 days after any decision to conduct developmental 

testing on a major defense acquisition program without an 

approved test and evaluation master plan in place, the Under 

10 USC 133 note. 


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PUBLIC LAW 112–239—JAN. 2, 2013 126 STAT. 1869 

Secretary of Defense for Acquisition, Technology, and Logistics 

shall provide to the congressional defense committees a written 

explanation of the basis for the decision and a timeline for 

getting an approved plan in place. 

SEC. 905. DEFINITION AND REPORT ON TERMS ‘‘PREPARATION OF THE 

ENVIRONMENT’’ AND ‘‘OPERATIONAL PREPARATION OF 

THE ENVIRONMENT’’ FOR JOINT DOCTRINE PURPOSES. 

(a) DEFINITIONS REQUIRED.—Not later than 90 days after the 

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

define for purposes of joint doctrine the following terms: 

(1) The term ‘‘preparation of the environment’’. 

(2) The term ‘‘operational preparation of the environment’’. 

(b) REPORT REQUIRED.— 

(1) IN GENERAL.—Not later than 180 days after the date 

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

the Committees on Armed Services of the Senate and the 

House of Representatives a report on the terms defined under 

subsection (a). The report shall include the following: 

(A) The definition of the term ‘‘preparation of the 

environment’’ pursuant to subsection (a). 

(B) Examples of activities meeting the definition of 

the term ‘‘preparation of the environment’’ by special operations forces and general purpose forces. 

(C) The definition of the term ‘‘operational preparation 

of the environment’’ pursuant to subsection (a). 

(D) Examples of activities meeting the definition of 

the term ‘‘operational preparation of the environment’’ by 

special operations forces and general purpose forces. 

(E) An assessment of the appropriate roles of special 

operations forces and general purpose forces in conducting 

activities meeting the definition of the term ‘‘preparation 

of the environment’’ and the definition of the term ‘‘operational preparation of the environment’’. 

(2) FORM.—The report required by paragraph (1) shall be 

submitted in unclassified form, but may include a classified 

annex. 

SEC. 906. INFORMATION FOR DEPUTY CHIEF MANAGEMENT OFFICER 

OF THE DEPARTMENT OF DEFENSE FROM THE MILITARY 

DEPARTMENTS AND DEFENSE AGENCIES FOR DEFENSE 

BUSINESS SYSTEM INVESTMENT REVIEWS. 

Section 2222(g) of title 10, United States Code, is amended 

by adding at the end the following new paragraph: 

‘‘(3)(A) The investment management process required by paragraph (1) shall include requirements for the military departments 

and the Defense Agencies to make available to the Deputy Chief 

Management Officer such information on covered defense business 

system programs and other business functions as the Deputy Chief 

Management Officer shall require for the review of defense business 

system programs under the process. Such information shall be 

made available to the Deputy Chief Management Officer through 

existing data sources or in a standardized format established by 

the Deputy Chief Management Officer for purposes of this paragraph.’’. 


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126 STAT. 1870 PUBLIC LAW 112–239—JAN. 2, 2013 

Subtitle B—Space Activities 

SEC. 911. REPORTS ON INTEGRATION OF ACQUISITION AND CAPABILITY DELIVERY SCHEDULES FOR SEGMENTS OF MAJOR 

SATELLITE ACQUISITION PROGRAMS AND FUNDING FOR 

SUCH PROGRAMS. 

(a) IN GENERAL.—Chapter 135 of title 10, United States Code, 

is amended by adding at the end the following new section: 

‘‘§ 2275. Reports on integration of acquisition and capability 

delivery schedules for segments of major satellite 

acquisition programs and funding for such programs 

‘‘(a) REPORTS REQUIRED.—The Under Secretary of Defense for 

Acquisition, Technology, and Logistics shall submit to the congressional defense committees a report on each major satellite acquisition program in accordance with subsection (d) that assesses— 

‘‘(1) the integration of the schedules for the acquisition 

and the delivery of the capabilities of the segments for the 

program; and 

‘‘(2) funding for the program. 

‘‘(b) ELEMENTS.—Each report required by subsection (a) with 

respect to a major satellite acquisition program shall include the 

following: 

‘‘(1) The amount of funding approved for the program and 

for each segment of the program that is necessary for full 

operational capability of the program. 

‘‘(2) The dates by which the program and each segment 

of the program is anticipated to reach initial and full operational capability. 

‘‘(3) A description of the intended primary capabilities and 

key performance parameters of the program. 

‘‘(4) An assessment of the extent to which the schedules 

for the acquisition and the delivery of the capabilities of the 

segments for the program or any related program referred 

to in paragraph (1) are integrated. 

‘‘(5) If the Under Secretary determines pursuant to the 

assessment under paragraph (4) that the program is a nonintegrated program, an identification of— 

‘‘(A) the impact on the mission of the program of having 

the delivery of the segment capabilities of the program 

more than one year apart; 

‘‘(B) the measures the Under Secretary is taking or 

is planning to take to improve the integration of the 

acquisition and delivery schedules of the segment capabilities; and 

‘‘(C) the risks and challenges that impede the ability 

of the Department of Defense to fully integrate those schedules. 

‘‘(c) CONSIDERATION BY MILESTONE DECISION AUTHORITY.—The 

Milestone Decision Authority shall include the report required by 

subsection (a) with respect to a major satellite acquisition program 

as part of the documentation used to approve the acquisition of 

the program. 

‘‘(d) SUBMITTAL OF REPORTS.—(1) In the case of a major satellite 

acquisition program initiated before the date of the enactment 

10 USC 2275. 


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of the National Defense Authorization Act for Fiscal Year 2013, 

the Under Secretary shall submit the report required by subsection 

(a) with respect to the program not later than one year after 

such date of enactment. 

‘‘(2) In the case of a major satellite acquisition program initiated 

on or after the date of the enactment of the National Defense 

Authorization Act for Fiscal Year 2013, the Under Secretary shall 

submit the report required by subsection (a) with respect to the 

program at the time of the Milestone B approval of the program. 

‘‘(e) NOTIFICATION TO CONGRESS OF NON-INTEGRATED ACQUISI- TION AND CAPABILITY DELIVERY SCHEDULES.—If, after submitting 

the report required by subsection (a) with respect to a major satellite 

acquisition program, the Under Secretary determines that the program is a non-integrated program, the Under Secretary shall, not 

later than 30 days after making that determination, submit to 

the congressional defense committees a report— 

‘‘(1) notifying the committees of that determination; and 

‘‘(2) identifying— 

‘‘(A) the impact on the mission of the program of having 

the delivery of the segment capabilities of the program 

more than one year apart; 

‘‘(B) the measures the Under Secretary is taking or 

is planning to take to improve the integration of the 

acquisition and delivery schedules of the segment capabilities; and 

‘‘(C) the risks and challenges that impede the ability 

of the Department of Defense to fully integrate those schedules. 

‘‘(f) ANNUAL UPDATES FOR NON-INTEGRATED PROGRAMS.— 

‘‘(1) REQUIREMENT.—For each major satellite acquisition 

program that the Under Secretary has determined under subsection (b)(5) or subsection (e) is a non-integrated program, 

the Under Secretary shall annually submit to Congress, at 

the same time the budget of the President for a fiscal year 

is submitted under section 1105 of title 31, an update to the 

report required by subsection (a) for such program. 

‘‘(2) TERMINATION OF REQUIREMENT.—The requirement to 

submit an annual report update for a program under paragraph 

(1) shall terminate on the date on which the Under Secretary 

submits to the congressional defense committees notice that 

the Under Secretary has determined that such program is 

no longer a non-integrated program, or on the date that is 

five years after the date on which the initial report update 

required under paragraph (1) is submitted, whichever is earlier. 

‘‘(3) GAO REVIEW OF CERTAIN NON-INTEGRATED PROGRAMS.—If at the time of the termination of the requirement 

to annually update a report for a program under paragraph 

(1) the Under Secretary has not provided notice to the congressional defense committees that the Under Secretary has determined that the program is no longer a non-integrated program, 

the Comptroller General shall conduct a review of such program 

and submit the results of such review to the congressional 

defense committees. 

‘‘(g) DEFINITIONS.—In this section: 

‘‘(1) SEGMENTS.—The term ‘segments’, with respect to a 

major satellite acquisition program, refers to any satellites 

acquired under the program and the ground equipment and 

Notification. 

Determination. 


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user terminals necessary to fully exploit the capabilities provided by those satellites. 

‘‘(2) MAJOR SATELLITE ACQUISITION PROGRAM.—The term 

‘major satellite acquisition program’ means a major defense 

acquisition program (as defined in section 2430 of this title) 

for the acquisition of a satellite. 

‘‘(3) MILESTONE B APPROVAL.—The term ‘Milestone B 

approval’ has the meaning given that term in section 2366(e)(7) 

of this title. 

‘‘(4) NON-INTEGRATED PROGRAM.—The term ‘non-integrated 

program’ means a program with respect to which the schedules 

for the acquisition and the delivery of the capabilities of the 

segments for the program, or a related program that is necessary for the operational capability of the program, provide 

for the acquisition or the delivery of the capabilities of at 

least two of the three segments for the program or related 

program more than one year apart.’’. 

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 135 of such title is amended by adding at the 

end the following new item: 

‘‘2275. Reports on integration of acquisition and capability delivery schedules for 

segments of major satellite acquisition programs and funding for such 

programs.’’. 

SEC. 912. COMMERCIAL SPACE LAUNCH COOPERATION. 

(a) IN GENERAL.—Chapter 135 of title 10, United States Code, 

as amended by section 911 of this Act, is further amended by 

adding at the end the following new section: 

‘‘§ 2276. Commercial space launch cooperation 

‘‘(a) AUTHORITY.—The Secretary of Defense may take such 

actions as the Secretary considers to be in the best interest of 

the Federal Government to— 

‘‘(1) maximize the use of the capacity of the space transportation infrastructure of the Department of Defense by the private sector in the United States; 

‘‘(2) maximize the effectiveness and efficiency of the space 

transportation infrastructure of the Department of Defense; 

‘‘(3) reduce the cost of services provided by the Department 

of Defense related to space transportation infrastructure at 

launch support facilities and space recovery support facilities; 

‘‘(4) encourage commercial space activities by enabling 

investment by covered entities in the space transportation infrastructure of the Department of Defense; and 

‘‘(5) foster cooperation between the Department of Defense 

and covered entities. 

‘‘(b) AUTHORITY FOR CONTRACTS AND OTHER AGREEMENTS

RELATING TO SPACE TRANSPORTATION INFRASTRUCTURE.—The Secretary of Defense— 

‘‘(1) may enter into an agreement with a covered entity 

to provide the covered entity with support and services related 

to the space transportation infrastructure of the Department 

of Defense; and 

‘‘(2) upon the request of such covered entity, may include 

such support and services in the space launch and reentry 

range support requirements of the Department of Defense if— 

Determination. 

10 USC 2276. 

10 USC 

prec. 2271. 


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‘‘(A) the Secretary determines that the inclusion of 

such support and services in such requirements— 

‘‘(i) is in the best interest of the Federal Government; 

‘‘(ii) does not interfere with the requirements of 

the Department of Defense; and 

‘‘(iii) does not compete with the commercial space 

activities of other covered entities, unless that competition is in the national security interests of the United 

States; and 

‘‘(B) any commercial requirement included in the agreement has full non-Federal funding before the execution 

of the agreement. 

‘‘(c) CONTRIBUTIONS.— 

‘‘(1) IN GENERAL.—The Secretary of Defense may enter 

into an agreement with a covered entity on a cooperative and 

voluntary basis to accept contributions of funds, services, and 

equipment to carry out this section. 

‘‘(2) USE OF CONTRIBUTIONS.—Any funds, services, or equipment accepted by the Secretary under this subsection— 

‘‘(A) may be used only for the objectives specified in 

this section in accordance with terms of use set forth in 

the agreement entered into under this subsection; and 

‘‘(B) shall be managed by the Secretary in accordance 

with regulations of the Department of Defense. 

‘‘(3) REQUIREMENTS WITH RESPECT TO AGREEMENTS.—An 

agreement entered into with a covered entity under this subsection— 

‘‘(A) shall address the terms of use, ownership, and 

disposition of the funds, services, or equipment contributed 

pursuant to the agreement; and 

‘‘(B) shall include a provision that the covered entity 

will not recover the costs of its contribution through any 

other agreement with the United States. 

‘‘(d) DEFENSE COOPERATION SPACE LAUNCH ACCOUNT.— 

‘‘(1) ESTABLISHMENT.—There is established in the Treasury 

of the United States a special account to be known as the 

‘Defense Cooperation Space Launch Account’. 

‘‘(2) CREDITING OF FUNDS.—Funds received by the Secretary 

of Defense under subsection (c) shall be credited to the Defense 

Cooperation Space Launch Account. 

‘‘(3) USE OF FUNDS.—Funds deposited in the Defense 

Cooperation Space Launch Account under paragraph (2) are 

authorized to be appropriated and shall be available for obligation only to the extent provided in advance in an appropriation 

Act for costs incurred by the Department of Defense in carrying 

out subsection (b). Funds in the Account shall remain available 

until expended. 

‘‘(e) ANNUAL REPORT.—Not later than January 31 of each year, 

the Secretary of Defense shall submit to the congressional defense 

committees a report on the funds, services, and equipment accepted 

and used by the Secretary under this section during the preceding 

fiscal year. 

‘‘(f) REGULATIONS.—The Secretary of Defense shall prescribe 

regulations to carry out this section. 

‘‘(g) DEFINITIONS.—In this section: 


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126 STAT. 1874 PUBLIC LAW 112–239—JAN. 2, 2013 

‘‘(1) COVERED ENTITY.—The term ‘covered entity’ means 

a non-Federal entity that— 

‘‘(A) is organized under the laws of the United States 

or of any jurisdiction within the United States; and 

‘‘(B) is engaged in commercial space activities. 

‘‘(2) LAUNCH SUPPORT FACILITIES.—The term ‘launch support facilities’ has the meaning given the term in section 

50501(7) of title 51. 

‘‘(3) SPACE RECOVERY SUPPORT FACILITIES.—The term ‘space 

recovery support facilities’ has the meaning given the term 

in section 50501(11) of title 51. 

‘‘(4) SPACE TRANSPORTATION INFRASTRUCTURE.—The term 

‘space transportation infrastructure’ has the meaning given 

that term in section 50501(12) of title 51.’’. 

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter, as so amended, is further amended by adding 

at the end the following new item: 

‘‘2276. Commercial space launch cooperation.’’. 

SEC. 913. LIMITATION ON INTERNATIONAL AGREEMENTS CONCERNING OUTER SPACE ACTIVITIES. 

(a) CERTIFICATION REQUIRED.—If the United States becomes 

a signatory to a non-legally binding international agreement concerning an International Code of Conduct for Outer Space Activities 

or any similar agreement, at the same time as the United States 

becomes such a signatory— 

(1) the President shall submit to the congressional defense 

committees, the Permanent Select Committee on Intelligence 

of the House of Representatives, and the Select Committee 

on Intelligence of the Senate a certification that such agreement 

has no legally-binding effect or basis for limiting the activities 

of the United States in outer space; and 

(2) the Secretary of Defense, the Chairman of the Joint 

Chiefs of Staff, and the Director of National Intelligence shall 

jointly submit to the congressional defense committees a certification that such agreement will be equitable, enhance national 

security, and have no militarily significant impact on the ability 

of the United States to conduct military or intelligence activities 

in space. 

(b) BRIEFINGS AND NOTIFICATIONS REQUIRED.— 

(1) RESTATEMENT OF POLICY FORMULATION UNDER THE ARMS

CONTROL AND DISARMAMENT ACT WITH RESPECT TO OUTER

SPACE.—No action shall be taken that would obligate the United 

States to reduce or limit the Armed Forces or armaments 

of the United States in outer space in a militarily significant 

manner, except pursuant to the treaty-making power of the 

President set forth in Article II, Section 2, Clause II of the 

Constitution or unless authorized by the enactment of further 

affirmative legislation by the Congress of the United States. 

(2) BRIEFINGS.— 

(A) REQUIREMENT.—The Secretary of Defense, the Secretary of State, and the Director of National Intelligence 

shall jointly provide to the covered congressional committees regular, detailed updates on the negotiation of a nonlegally binding international agreement concerning an 

International Code of Conduct for Outer Space Activities 

or any similar agreement. 

51 USC 30701 

note. 

President. 

51 USC 30701 

note. 

10 USC 

prec. 2271. 


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(B) TERMINATION OF REQUIREMENT.—The requirement 

to provide regular briefings under subparagraph (A) shall 

terminate on the date on which the United States becomes 

a signatory to an agreement referred to in subparagraph 

(A), or on the date on which the President certifies to 

Congress that the United States is no longer negotiating 

an agreement referred to in subparagraph (A), whichever 

is earlier. 

(3) NOTIFICATIONS.—If the United States becomes a signatory to a non-legally binding international agreement concerning an International Code of Conduct for Outer Space 

Activities or any similar agreement, not less than 60 days 

prior to any action that will obligate the United States to 

reduce or limit the Armed Forces or armaments or activities 

of the United States in outer space, the head of each Department or agency of the Federal Government that is affected 

by such action shall submit to Congress notice of such action 

and the effect of such action on such Department or agency. 

(4) DEFINITION.—In this subsection, the term ‘‘covered 

congressional committees’’ means— 

(A) the Committee on Armed Services, the Committee 

on Foreign Affairs, and the Permanent Select Committee 

on Intelligence of the House of Representatives; and 

(B) the Committee on Armed Services, the Committee 

on Foreign Relations, and the Select Committee on Intelligence of the Senate. 

(c) REPORT ON FOREIGN COUNTER-SPACE PROGRAMS.— 

(1) REPORT REQUIRED.—Chapter 135 of title 10, United 

States Code, as amended by section 912 of this Act, is further 

amended by adding at the end the following new section: 

‘‘§ 2277. Report on foreign counter-space programs 

‘‘(a) REPORT REQUIRED.—Not later than January 1 of each 

year, the Secretary of Defense and the Director of National Intelligence shall jointly submit to Congress a report on the counterspace programs of foreign countries. 

‘‘(b) CONTENTS.—Each report required under subsection (a) 

shall include— 

‘‘(1) an explanation of whether any foreign country has 

a counter-space program that could be a threat to the national 

security or commercial space systems of the United States; 

and 

‘‘(2) the name of each country with a counter-space program 

described in paragraph (1). 

‘‘(c) FORM.— 

‘‘(1) IN GENERAL.—Except as provided in paragraphs (2) 

and (3), each report required under subsection (a) shall be 

submitted in unclassified form. 

‘‘(2) CLASSIFIED ANNEX.—The Secretary of Defense and the 

Director of National Intelligence may submit to the covered 

congressional committees a classified annex to a report required 

under subsection (a) containing any classified information 

required to be submitted for such report. 

‘‘(3) FOREIGN COUNTRY NAMES.— 

‘‘(A) UNCLASSIFIED FORM.—Subject to subparagraph 

(B), each report required under subsection (a) shall include 

10 USC 2277. 

Deadline. 

President. 

Certification. 


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126 STAT. 1876 PUBLIC LAW 112–239—JAN. 2, 2013 

the information required under subsection (b)(2) in 

unclassified form. 

‘‘(B) NATIONAL SECURITY WAIVER.—The Secretary of 

Defense and the Director of National Intelligence may 

waive the requirement under subparagraph (A) if the Secretary and the Director of National Intelligence jointly 

determine it is in the interests of national security to 

waive such requirement and submits to Congress an explanation of why the Secretary and the Director waived such 

requirement. 

‘‘(d) COVERED CONGRESSIONAL COMMITTEES DEFINED.—In this 

section, the term ‘covered congressional committees’ means the 

Committee on Armed Services and the Permanent Select Committee 

on Intelligence of the House of Representatives and the Committee 

on Armed Services and the Select Committee on Intelligence of 

the Senate.’’. 

(2) CLERICAL AMENDMENT.—The table of sections at the 

beginning of chapter 135 of title 10, United States Code, as 

so amended, is further amended by adding at the end the 

following new item: 

‘‘2277. Report on foreign counter-space programs.’’. 

SEC. 914. OPERATIONALLY RESPONSIVE SPACE PROGRAM OFFICE. 

(a) IN GENERAL.—Subsection (a) of section 2273a of title 10, 

United States Code, is amended to read as follows: 

‘‘(a) IN GENERAL.—There is within the Air Force Space and 

Missile Systems Center of the Department of Defense a joint program office known as the Operationally Responsive Space Program 

Office (in this section referred to as the ‘Office’). The facilities 

of the Office may not be co-located with the headquarters facilities 

of the Air Force Space and Missile Systems Center.’’. 

(b) HEAD OF OFFICE.—Subsection (b) of such section is amended 

by striking ‘‘shall be—’’ and all that follows and inserting ‘‘shall 

be the designee of the Department of Defense Executive Agent 

for Space. The head of the Office shall report to the Commander 

of the Air Force Space and Missile Systems Center.’’. 

(c) MISSION.—Subsection (c)(1) of such section is amended by 

striking ‘‘spacelift’’ and inserting ‘‘launch’’. 

(d) SENIOR ACQUISITION EXECUTIVE.—Paragraph (1) of subsection (e) of such section is amended to read as follows: 

‘‘(1) The Program Executive Officer for Space shall be the 

Acquisition Executive of the Office and shall provide streamlined acquisition authorities for projects of the Office.’’. 

(e) EXECUTIVE COMMITTEE.—Such section is further amended 

by adding at the end the following new subsection: 

‘‘(g) EXECUTIVE COMMITTEE.—(1) The Secretary of Defense shall 

establish for the Office an Executive Committee (to be known as 

the ‘Operationally Responsive Space Executive Committee’) to provide coordination, oversight, and approval of projects of the Office. 

‘‘(2) The Executive Committee shall consist of the officials (and 

their duties) as follows: 

‘‘(A) The Department of Defense Executive Agent for Space, 

who shall serve as Chair of the Executive Committee and 

provide oversight, prioritization, coordination, and resources 

for the Office. 

Establishment. 

Establishment. 

10 USC 

prec. 2271. 

Determination. 


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‘‘(B) The Under Secretary of Defense for Acquisition, Technology, and Logistics, who shall provide coordination and oversight of the Office and recommend funding sources for programs 

of the Office that exceed the approved program baseline. 

‘‘(C) The Commander of the United States Strategic Command, who shall validate requirements for systems to be 

acquired by the Office and participate in approval of any 

acquisition program initiated by the Office. 

‘‘(D) The Commander of the Air Force Space Command, 

the Commander of the Army Space and Missile Defense Command, and the Commander of the Space and Naval Warfare 

Systems Command, who shall jointly organize, train, and equip 

forces to support the acquisition programs of the Office. 

‘‘(E) Such other officials (and their duties) as the Secretary 

of Defense considers appropriate.’’. 

SEC. 915. REPORT ON OVERHEAD PERSISTENT INFRARED TECHNOLOGY. 

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

enactment of this Act, the Secretary of Defense, in consultation 

with the Director of National Intelligence, shall submit to the 

congressional defense committees, the Permanent Select Committee 

on Intelligence of the House of Representatives, and the Select 

Committee on Intelligence of the Senate a report on overhead 

persistent infrared technology that includes— 

(1) an identification of the comprehensive overhead persistent infrared technology requirements of the Department 

of Defense and the intelligence community; 

(2) a description of the strategy, plan, and budget for the 

space layer, with supporting ground architecture, including key 

decision points for the current and next generation overhead 

persistent infrared technology with respect to missile warning, 

missile defense, battlespace awareness, and technical intelligence; 

(3) an assessment of whether there are further opportunities for the Department of Defense and the intelligence community to capitalize on increased data sharing, fusion, interoperability, and exploitation; 

(4) recommendations on how to better coordinate the efforts 

by the Department and the intelligence community to exploit 

overhead persistent infrared sensor data; and 

(5) any other relevant information that the Secretary considers necessary. 

(b) COMPTROLLER GENERAL ASSESSMENT.—Not later than 90 

days after the date on which the Secretary of Defense submits 

the report required under subsection (a), the Comptroller General 

of the United States shall submit to the congressional defense 

committees an assessment of the report required under subsection 

(a), including— 

(1) an assessment of whether such report is comprehensive, 

fully supported, and sufficiently detailed; and 

(2) an identification of any shortcomings, limitations, or 

other reportable matters that affect the quality or findings 

of the report required under subsection (a). 

(c) INTELLIGENCE COMMUNITY DEFINED.—In this section, the 

term ‘‘intelligence community’’ has the meaning given that term 


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126 STAT. 1878 PUBLIC LAW 112–239—JAN. 2, 2013 

in section 3(4) of the National Security Act of 1947 (50 U.S.C. 

401a(4)). 

SEC. 916. ASSESSMENT OF FOREIGN COMPONENTS AND THE SPACE 

LAUNCH CAPABILITY OF THE UNITED STATES. 

(a) ASSESSMENT.—The Under Secretary of Defense for Acquisition, Technology, and Logistics shall conduct an independent assessment of the national security implications of continuing to use 

foreign component and propulsion systems for the launch vehicles 

under the evolved expendable launch vehicle program. 

(b) REPORT.—Not later than 180 days after the date of the 

enactment of this Act, the Under Secretary of Defense for Acquisition, Technology, and Logistics shall submit to the congressional 

defense committees a report on the assessment conducted under 

subsection (a). 

SEC. 917. REPORT ON COUNTER SPACE TECHNOLOGY. 

(a) REPORT.—Not later than one year after the date of the 

enactment of this Act, and annually thereafter for two years, the 

Secretary of Defense shall submit to the congressional defense 

committees, the Committee on Foreign Affairs of the House of 

Representatives, and the Committee on Foreign Relations of the 

Senate a report based on all available information (including the 

Counter Space Technology List of the Department of State) 

describing key space technologies that could be used, or are being 

sought, by a foreign country with a counter space or ballistic missile 

program, and should be subject to export controls by the United 

States or an ally of the United States, as appropriate. 

(b) FORM.—Each report required under subsection (a) shall 

be submitted in unclassified form, but may include a classified 

annex. 

Subtitle C—Intelligence-Related Activities 

SEC. 921. AUTHORITY TO PROVIDE GEOSPATIAL INTELLIGENCE SUPPORT TO CERTAIN SECURITY ALLIANCES AND REGIONAL 

ORGANIZATIONS. 

(a) AUTHORIZATION.—Section 443(a) of title 10, United States 

Code, is amended by striking ‘‘foreign countries’’ and inserting 

‘‘foreign countries, regional organizations with defense or security 

components, and security alliances of which the United States is 

a member’’. 

(b) CLERICAL AMENDMENTS.— (1) SECTION HEADING.—The heading of section 443 of title 

10, United States Code, is amended by striking ‘‘foreign countries’’ and inserting ‘‘foreign countries, regional organizations, and security alliances’’. 

(2) TABLE OF SECTIONS.—The table of sections at the beginning of chapter 22 of title 10, United States Code, is amended 

by striking the item relating to section 443 and inserting the 

following new item: 

‘‘443. Imagery intelligence and geospatial information: support for foreign countries, 

regional organizations, and security alliances.’’. 

(c) REPORTS.— 

(1) IN GENERAL.—Not later than January 15 during each 

of 2014 and 2015, the Director of the National Geospatial10 USC 

prec. 441. 


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Intelligence Agency shall submit to the appropriate congressional committees an annual report on the imagery intelligence 

or geospatial information support that the Director provided 

to a regional organization or security alliance under section 

443(a) of title 10, United States Code, as amended by subsection 

(a), during the year covered by the report, including an identification of each such organization or alliance and the number 

of times such organization or alliance received such intelligence 

or support. 

(2) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.— In this subsection, the term ‘‘appropriate congressional committees’’ means— 

(A) the congressional defense committees; and 

(B) the Permanent Select Committee on Intelligence 

of the House of Representatives and the Select Committee 

on Intelligence of the Senate. 

SEC. 922. TECHNICAL AMENDMENTS TO REFLECT CHANGE IN NAME 

OF NATIONAL DEFENSE INTELLIGENCE COLLEGE TO 

NATIONAL INTELLIGENCE UNIVERSITY. 

(a) CONFORMING AMENDMENTS TO REFLECT NAME CHANGE.— 

Section 2161 of title 10, United States Code, is amended by striking 

‘‘National Defense Intelligence College’’ each place it appears and 

inserting ‘‘National Intelligence University’’. 

(b) CLERICAL AMENDMENTS.— 

(1) SECTION HEADING.—The heading of such section is 

amended to read as follows: 

‘‘§ 2161. Degree granting authority for National Intelligence 

University’’. 

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

in the table of sections at the beginning of chapter 108 of 

such title is amended to read as follows: 

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

SEC. 923. REVIEW OF ARMY DISTRIBUTED COMMON GROUND SYSTEM. 

(a) REVIEW.—The Secretary of the Army shall direct the Army 

Systems Acquisition Review Council to— 

(1) review the Distributed Common Ground System program of the Army; and 

(2) report the results of such review to the congressional 

defense committees not later than 180 days after the date 

of the enactment of this Act. 

(b) ELEMENTS.—The review required under subsection (a) shall 

include— 

(1) an assessment of the current acquisition strategy for 

the Distributed Common Ground System program of the Army 

to determine the relevance of such program to the current 

and emerging needs of the Army, including evolving technology 

needs and architectural strategies; 

(2) an assessment of the current technology performance 

to meet existing program requirements, including interoperability, net-readiness, and functional performance for both 

cloud-enabled and disconnected operations; 

(3) an analysis of competitive procedures that allow new 

and emerging capabilities, including integration of quick reaction capabilities, to be rapidly integrated into the architecture, 

Reports. 

Deadline. 

10 USC 

prec. 2161. 


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including through the use of product fly-offs using standardized, 

Government-provided common data sets that allow for equitable 

comparisons of capabilities; 

(4) an analysis of the current technological path to ensure 

such path incorporates current best practices from industry 

and is in concert with the emerging needs and requirements 

of the Joint Information Environment; 

(5) an assessment of such program to ensure appropriate 

investments in human systems integration are being made 

to ensure interface usability; 

(6) an assessment of such program to ensure enterprise 

knowledge management and training requirements are 

commensurate with the anticipated force structure of the Army 

for the decade following the date of the enactment of this 

Act; and 

(7) recommendations for any changes that may be needed 

as a result of the review. 

SEC. 924. ELECTRO-OPTICAL IMAGERY. 

(a) IDENTIFICATION OF DEPARTMENT OF DEFENSE ELECTROOPTICAL SATELLITE IMAGERY REQUIREMENTS.— 

(1) REPORT.—Not later than April 1, 2013, the Chairman 

of the Joint Requirements Oversight Council shall submit to 

the Director of the Congressional Budget Office a report setting 

forth a comprehensive description of Department of Defense 

peacetime and wartime requirements for electro-optical satellite 

imagery. 

(2) SCOPE OF REQUIREMENTS.—The requirements under 

paragraph (1) shall— 

(A) be expressed in such terms as are necessary, which 

may include daily regional and global area coverage and 

number of point targets, resolution, revisit rates, meantime to access, latency, redundancy, survivability, and 

diversity; and 

(B) take into consideration all types of imagery and 

collection means available. 

(b) ASSESSMENT OF IDENTIFIED REQUIREMENTS.— 

(1) IN GENERAL.—Not later than September 15, 2013, the 

Director of the Congressional Budget Office shall submit to 

the appropriate committees of Congress a report setting forth 

an assessment by the Director of the report required by subsection (a). 

(2) ELEMENTS.—The assessment required by paragraph (1) 

shall include an assessment of the following: 

(A) The extent to which the requirements of the 

Department for electro-optical imagery from space can be 

satisfied by commercial companies using either— 

(i) current designs; or 

(ii) enhanced designs that could be developed at 

low risk. 

(B) The estimated cost and schedule of satisfying such 

requirements using commercial companies. 

(3) CONSULTATION AND OTHER RESOURCES.—In preparing 

the assessment required by paragraph (1), the Director shall— 

(A) consult widely with officials of the Government, 

private industry, and academia; and 

Deadline. 

Reports. 


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(B) make maximum use of existing studies and modeling and simulations. 

(4) ACCESS TO INFORMATION.—The Secretary of Defense 

shall provide the appropriately cleared staff of the Director 

of the Congressional Budget Office with such access to information and programs applicable to the assessment required by 

paragraph (1) as the Director of the Congressional Budget 

Office shall require for the preparation of the assessment. 

(c) APPROPRIATE COMMITTEES OF CONGRESS DEFINED.—In this 

section, the term ‘‘appropriate committees of Congress’’ means— 

(1) the Committees on Armed Services and Appropriations 

and the Select Committee on Intelligence of the Senate; and 

(2) the Committees on Armed Services and Appropriations 

and the Permanent Select Committee on Intelligence of the 

House of Representatives. 

SEC. 925. DEFENSE CLANDESTINE SERVICE. 

(a) PROHIBITION ON USE OF FUNDS FOR ADDITIONAL PERSONNEL.— 

(1) PROHIBITION.—Subject to paragraph (2), none of the 

funds authorized to be appropriated by this Act may be obligated or expended for— 

(A) civilian personnel in the Department of Defense 

conducting or supporting human intelligence in excess of 

the number of such civilian personnel as of April 20, 2012; 

or 

(B) positions in the Department of Defense served by 

members of the Armed Forces conducting or supporting 

human intelligence within the Department of Defense in 

excess of the number of such positions as of April 20, 

2012. 

(2) REDUCTION OF CIVILIAN PERSONNEL.— 

(A) REDUCTION.—Subject to subparagraph (B), if on 

the date of the enactment of this Act the number of civilian 

personnel in the Department of Defense conducting or supporting human intelligence exceeds the number of such 

personnel as of April 20, 2012, the Secretary of Defense 

shall, not later than 30 days after the date of the enactment 

of this Act, take appropriate action to promptly reduce, 

consistent with reduction-in-force procedures, the total 

number of such civilian personnel to the number of such 

civilian personnel as of April 20, 2012. 

(B) EXCEPTION.—For each civilian personnel in the 

Department of Defense conducting or supporting human 

intelligence in excess of the number of such civilian personnel as of April 20, 2012, that the Secretary considers 

necessary to maintain after the date of the enactment 

of this Act during all or part of fiscal year 2013, the 

Secretary shall submit to the appropriate committees of 

Congress a comprehensive justification for maintaining 

such civilian personnel, including the specific role, mission, 

and responsibilities of such civilian personnel and whether 

such civilian personnel was employed in another capacity 

in the Department of Defense immediately prior to beginning the conduct or support of human intelligence. 

Deadline. 


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126 STAT. 1882 PUBLIC LAW 112–239—JAN. 2, 2013 

(C) LIMITATION.—Notwithstanding any other provision 

of this subsection, following the action taken by the Secretary under subparagraph (A), the number of civilian personnel in the Department of Defense conducting or supporting human intelligence for fiscal year 2013 shall not 

exceed the total of— 

(i) the number of such civilian personnel as of 

April 20, 2012; and 

(ii) the number of such civilian personnel for which 

the Secretary has submitted a justification under 

subparagraph (B). 

(b) CAPE REPORT ON COSTS.—Not later than 120 days after 

the date of the enactment of this Act, the Director of Cost Assessment and Program Evaluation of the Department of Defense, in 

consultation with the Director of National Intelligence, shall submit 

to the appropriate committees of Congress an independent, comprehensive estimate of the costs of the Defense Clandestine Service, 

including an estimate of the costs over the period of the current 

future-years defense program and such years occurring after such 

period as the Director is able to reasonably estimate. 

(c) USDI REPORT ON DCS.— 

(1) REPORT REQUIRED.—Not later than February 1, 2013, 

the Under Secretary of Defense for Intelligence shall submit 

to the appropriate committees of Congress a report on the 

Defense Clandestine Service. 

(2) ELEMENTS.—The report under paragraph (1) shall 

include the following: 

(A) A detailed description of the location and schedule 

for current and anticipated deployments of case officers 

trained under the Field Tradecraft Course and a certification of whether each activity receiving a deployment 

can accommodate and support the deployment. 

(B) A statement of the objectives for the effective 

management of case officers trained under the Field 

Tradecraft Course. Such objectives shall include an outline 

of career management tracks commencing with accession, 

initial training requirement, number of Defense Clandestine Service tours requiring Field Tradecraft Course 

training, and objectives for management of career tracks, 

including promotion criteria. 

(C) A statement of the manner in which each military 

department and the Defense Intelligence Agency will each 

achieve the objectives applicable under subparagraph (B). 

(D) A copy of any memoranda of understanding or 

memoranda of agreement between the Department of 

Defense and other departments and agencies of the United 

States Government, or between components of the Department of Defense, that are required to implement objectives 

for the Defense Clandestine Service. 

(d) DEFINITIONS.—In this section: 

(1) APPROPRIATE COMMITTEES OF CONGRESS.—The term 

‘‘appropriate committees of Congress’’ means— 

(A) the Committee on Armed Services, the Committee 

on Appropriations, and the Select Committee on Intelligence of the Senate; and 


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(B) the Committee on Armed Services, the Committee 

on Appropriations, and the Permanent Select Committee 

on Intelligence of the House of Representatives. 

(2) FUTURE-YEARS DEFENSE PROGRAM.—The term ‘‘futureyears defense program’’ means the future-years defense program under section 221 of title 10, United States Code. 

Subtitle D—Cyberspace-Related Matters 

SEC. 931. IMPLEMENTATION STRATEGY FOR JOINT INFORMATION 

ENVIRONMENT. 

(a) IMPLEMENTATION STRATEGY.—Not later than March 31, 

2013, the Secretary of Defense shall submit to the congressional 

defense committees a strategy for implementing the Joint Information Environment. Such strategy shall include— 

(1) a description for the vision for the Joint Information 

Environment, including a roadmap for achieving such vision 

from the existing baseline architecture; 

(2) an assessment of the key milestones, metrics, and 

resources needed to achieve such vision, including the anticipated implementation cost and lifecycle cost savings of the 

Joint Information Environment; 

(3) a description of the acquisition strategy and management plan for implementing the Joint Information Environment; 

(4) an analysis of the key technical and policy challenges 

that must be addressed to achieve such vision, including assignment of responsibility for addressing such challenges; 

(5) an identification of dependencies with existing initiatives or programs and capability gaps not currently addressed 

by funded initiatives or programs; and 

(6) an assessment of the personnel challenges associated 

with manning, training, operating, defending, and fighting in 

the Joint Information Environment as a command and control 

and weapon system. 

(b) PERSONNEL PLAN.—Not later than one year after the date 

of the enactment of this Act, the Secretary of Defense, in consultation with the Chairman of the Joint Chiefs of Staff, shall submit 

to the congressional defense committees a Department-wide personnel plan for making the Joint Information Environment operational. Such personnel plan shall be based on the strategy required 

under subsection (a) and shall include a validated Joint Staff 

requirement for manpower levels and the levels required for each 

of the military departments and combat support agencies needed 

for full spectrum cyber operations, including the national cyber 

defense mission and the operational plans of the combatant commands, for each fiscal year across the current future-years defense 

program. 

SEC. 932. NEXT-GENERATION HOST-BASED CYBER SECURITY SYSTEM 

FOR THE DEPARTMENT OF DEFENSE. 

(a) STRATEGY FOR ACQUISITION OF SYSTEM REQUIRED.—The 

Chief Information Officer of the Department of Defense shall, in 

consultation with the Under Secretary of Defense for Acquisition, 

Technology, and Logistics and the Commander of the United States 

Cyber Command, develop a strategy to acquire next-generation 

Deadlines. 


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host-based cyber security tools and capabilities (in this section 

referred to as a ‘‘next-generation system’’) for the Department of 

Defense. 

(b) ELEMENTS OF SYSTEM.—It is the sense of Congress that 

any next-generation system acquired under the strategy required 

by subsection (a) should meet the following requirements: 

(1) To overcome problems and limitations in current 

capabilities, the system should not rely on techniques that— 

(A) cannot address new or rapidly morphing threats; 

(B) consume substantial amounts of communications 

capacity to remain current with known threats and to 

report current status; or 

(C) consume substantial amounts of resources to store 

rapidly growing threat libraries. 

(2) The system should provide an open architecture-based 

framework for so-called ‘‘plug-and-play’’ integration of a variety 

of types of deployable tools, including appropriate commercially 

available applications, in addition to cyber intrusion detection 

tools, including tools for— 

(A) insider threat detection; 

(B) continuous monitoring and configuration management; 

(C) remediation following infections; and 

(D) protection techniques that do not rely on detection 

of the attack. 

(3) The system should be designed for ease of deployment 

to potentially millions of host devices of tailored security solutions depending on need and risk, and to be compatible with 

cloud-based, thin-client, and virtualized environments as well 

as battlefield devices and weapons systems. 

(c) SUBMITTAL TO CONGRESS.—The Chief Information Officer 

shall submit to Congress a report setting forth the strategy required 

by subsection (a) together with the budget justification materials 

of the Department of Defense submitted to Congress with the 

budget of the President for fiscal year 2015 pursuant to section 

1105(a) of title 31, United States Code. 

SEC. 933. IMPROVEMENTS IN ASSURANCE OF COMPUTER SOFTWARE 

PROCURED BY THE DEPARTMENT OF DEFENSE. 

(a) BASELINE SOFTWARE ASSURANCE POLICY.—The Under Secretary of Defense for Acquisition, Technology, and Logistics, in 

coordination with the Chief Information Officer of the Department 

of Defense, shall develop and implement a baseline software assurance policy for the entire lifecycle of covered systems. Such policy 

shall be included as part of the strategy for trusted defense systems 

of the Department of Defense. 

(b) POLICY ELEMENTS.—The baseline software assurance policy 

under subsection (a) shall— 

(1) require use of appropriate automated vulnerability analysis tools in computer software code during the entire lifecycle 

of a covered system, including during development, operational 

testing, operations and sustainment phases, and retirement; 

(2) require covered systems to identify and prioritize security vulnerabilities and, based on risk, determine appropriate 

remediation strategies for such security vulnerabilities; 

(3) ensure such remediation strategies are translated into 

contract requirements and evaluated during source selection; 

10 USC 2224 

note. 

Reports. 


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(4) promote best practices and standards to achieve software security, assurance, and quality; and 

(5) support competition and allow flexibility and compatibility with current or emerging software methodologies. 

(c) VERIFICATION OF EFFECTIVE IMPLEMENTATION.—The Under 

Secretary of Defense for Acquisition, Technology, and Logistics, 

in coordination with the Chief Information Officer of the Department of Defense, shall— 

(1) collect data on implementation of the policy developed 

under subsection (a) and measure the effectiveness of such 

policy, including the particular elements required under subsection (b); and 

(2) identify and promote best practices, tools, and standards 

for developing and validating assured software for the Department of Defense. 

(d) BRIEFING ON ADDITIONAL MEANS OF IMPROVING SOFTWARE

ASSURANCE.—Not later than one year after the date of the enactment of this Act, the Under Secretary for Acquisition, Technology, 

and Logistics shall, in coordination with the Chief Information 

Officer of the Department of Defense, provide to the congressional 

defense committees a briefing on the following: 

(1) A research and development strategy to advance 

capabilities in software assurance and vulnerability detection. 

(2) The state-of-the-art of software assurance analysis and 

test. 

(3) How the Department might hold contractors liable for 

software defects or vulnerabilities. 

(e) DEFINITIONS.—In this section: 

(1) COVERED SYSTEM.—The term ‘‘covered system’’ means 

any Department of Defense critical information, business, or 

weapons system that is— 

(A) a major system, as that term is defined in section 

2302(5) of title 10, United States Code; 

(B) a national security system, as that term is defined 

in section 3542(b)(2) of title 44, United States Code; or 

(C) a Department of Defense information system categorized as Mission Assurance Category I in Department 

of Defense Directive 8500.01E that is funded by the Department of Defense. 

(2) SOFTWARE ASSURANCE.—The term ‘‘software assurance’’ 

means the level of confidence that software functions as 

intended and is free of vulnerabilities, either intentionally or 

unintentionally designed or inserted as part of the software, 

throughout the life cycle. 

SEC. 934. COMPETITION IN CONNECTION WITH DEPARTMENT OF 

DEFENSE TACTICAL DATA LINK SYSTEMS. 

(a) COMPETITION IN CONNECTION WITH TACTICAL DATA LINK

SYSTEMS.—Not later than December 1, 2013, the Under Secretary 

of Defense for Acquisition, Technology, and Logistics shall— 

(1) develop an inventory of all tactical data link systems 

in use and in development in the Department of Defense, 

including interfaces and waveforms; 

(2) conduct an analysis of each data link system contained 

in the inventory under paragraph (1) to determine whether— 

(A) the upgrade, new deployment, or replacement of 

such system should be open to competition; or 

Analysis. 

Inventory. 

Deadline. 

10 USC 2225 

note. 

Deadline. 


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(B) the data link should be converted to an open 

architecture, or a different data link standard should be 

adopted to enable such competition; 

(3) for each data link system for which competition is 

determined advisable under subparagraph (A) or (B) of paragraph (2), develop a plan to achieve such competition, including 

a plan to address any policy, legal, programmatic, or technical 

barriers to such competition; and 

(4) for each data link system for which competition is 

determined not advisable under paragraph (2), prepare an 

explanation for such determination. 

(b) EARLIER ACTIONS.—If the Under Secretary completes any 

portion of the plan described in subsection (a)(3) before December 

1, 2013, the Secretary may commence action on such portion of 

the plan upon completion of such portion, including publication 

of such portion of the plan. 

(c) REPORT.—At the same time the budget of the President 

for fiscal year 2015 is submitted to Congress pursuant to section 

1105(a) of title 31, United States Code, the Under Secretary shall 

submit to the congressional defense committees a report on the 

plans described in paragraph (3) of subsection (a), including any 

explanation prepared under paragraph (4) of such subsection. 

SEC. 935. COLLECTION AND ANALYSIS OF NETWORK FLOW DATA. 

(a) DEVELOPMENT OF TECHNOLOGIES.—The Chief Information 

Officer of the Department of Defense may, in coordination with 

the Under Secretary of Defense for Policy and the Under Secretary 

of Defense for Intelligence and acting through the Director of the 

Defense Information Systems Agency, use the available funding 

and research activities and capabilities of the Community Data 

Center of the Defense Information Systems Agency to develop and 

demonstrate collection, processing, and storage technologies for network flow data that— 

(1) are potentially scalable to the volume used by Tier 

1 Internet Service Providers to collect and analyze the flow 

data across their networks; 

(2) will substantially reduce the cost and complexity of 

capturing and analyzing high volumes of flow data; and 

(3) support the capability— 

(A) to detect and identify cyber security threats, networks of compromised computers, and command and control sites used for managing illicit cyber operations and 

receiving information from compromised computers; 

(B) to track illicit cyber operations for attribution of 

the source; and 

(C) to provide early warning and attack assessment 

of offensive cyber operations. 

(b) COORDINATION.—Any research and development required 

in the development of the technologies described in subsection (a) 

shall be conducted in cooperation with the heads of other appropriate departments and agencies of the Federal Government and, 

whenever feasible, Tier 1 Internet Service Providers and other 

managed security service providers. 

SEC. 936. COMPETITION FOR LARGE-SCALE SOFTWARE DATABASE AND 

DATA ANALYSIS TOOLS. 

(a) ANALYSIS.— 

10 USC 2223 

note. 

10 USC 2223 

note. 

Plans. 


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(1) REQUIREMENT.—The Secretary of Defense, acting 

through the Chief Information Officer of the Department of 

Defense, shall conduct an analysis of large-scale software database tools and large-scale software data analysis tools that 

could be used to meet current and future Department of Defense 

needs for large-scale data analytics. 

(2) ELEMENTS.—The analysis required under paragraph (1) 

shall include— 

(A) an analysis of the technical requirements and needs 

for large-scale software database and data analysis tools, 

including prioritization of key technical features needed 

by the Department of Defense; and 

(B) an assessment of the available sources from 

Government and commercial sources to meet such needs, 

including an assessment by the Deputy Assistant Secretary 

of Defense for Manufacturing and Industrial Base Policy 

to ensure sufficiency and diversity of potential commercial 

sources. 

(3) SUBMISSION.—Not later than 180 days after the date 

of the enactment of this Act, the Chief Information Officer 

shall submit to the congressional defense committees the results 

of the analysis required under paragraph (1). 

(b) COMPETITION REQUIRED.— 

(1) IN GENERAL.—If, following the analysis required under 

subsection (a), the Chief Information Officer of the Department 

of Defense identifies needs for software systems or large-scale 

software database or data analysis tools, the Department shall 

acquire such systems or such tools based on market research 

and using competitive procedures in accordance with applicable 

law and the Defense Federal Acquisition Regulation Supplement. 

(2) NOTIFICATION.—If the Chief Information Officer elects 

to acquire large-scale software database or data analysis tools 

using procedures other than competitive procedures, the Chief 

Information Officer and the Under Secretary of Defense for 

Acquisition, Technology, and Logistics shall submit a written 

notification to the congressional defense committees on a quarterly basis until September 30, 2018, that describes the acquisition involved, the date the decision was made, and the rationale 

for not using competitive procedures. 

SEC. 937. SOFTWARE LICENSES OF THE DEPARTMENT OF DEFENSE. 

(a) PLAN FOR INVENTORY OF LICENSES.— 

(1) IN GENERAL.—Not later than 180 days after the date 

of the enactment of this Act, the Chief Information Officer 

of the Department of the Defense shall, in consultation with 

the chief information officers of the military departments and 

the Defense Agencies, issue a plan for the inventory of selected 

software licenses of the Department of Defense, including a 

comparison of licenses purchased with licenses installed. 

(2) SELECTED SOFTWARE LICENSES.—The Chief Information 

Officer shall determine the software licenses to be treated as 

selected software licenses of the Department for purposes of 

this section. The licenses shall be determined so as to maximize 

the return on investment in the inventory conducted pursuant 

to the plan required by paragraph (1). 

Determination. 

Deadline. 

10 USC 2223 

note. 

Deadlines. 

Deadline. 


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126 STAT. 1888 PUBLIC LAW 112–239—JAN. 2, 2013 

(3) PLAN ELEMENTS.—The plan under paragraph (1) shall 

include the following: 

(A) An identification and explanation of the software 

licenses determined by the Chief Information Officer under 

paragraph (2) to be selected software licenses for purposes 

of this section, and a summary outline of the software 

licenses determined not to be selected software licenses 

for such purposes. 

(B) Means to assess the needs of the Department and 

the components of the Department for selected software 

licenses during the two fiscal years following the date of 

the issuance of the plan. 

(C) Means by which the Department can achieve the 

greatest possible economies of scale and cost savings in 

the procurement, use, and optimization of selected software 

licenses. 

(b) PERFORMANCE PLAN.—If the Chief Information Officer determines through the inventory conducted pursuant to the plan 

required by subsection (a) that the number of selected software 

licenses of the Department and the components of the Department 

exceeds the needs of the Department for such software licenses, 

the Secretary of Defense shall implement a plan to bring the number 

of such software licenses into balance with the needs of the Department. 

SEC. 938. SENSE OF CONGRESS ON POTENTIAL SECURITY RISKS TO 

DEPARTMENT OF DEFENSE NETWORKS. 

It is the sense of Congress that the Department of Defense— 

(1) must ensure it maintains full visibility and adequate 

control of its supply chain, including subcontractors, in order 

to mitigate supply chain exploitation; and 

(2) needs the authority and capability to mitigate supply 

chain risks to its information technology systems that fall outside the scope of National Security Systems. 

SEC. 939. QUARTERLY CYBER OPERATIONS BRIEFINGS. 

(a) BRIEFINGS.—Chapter 23 of title 10, United States Code, 

is amended by inserting after section 483 the following new section: 

‘‘§ 484. Quarterly cyber operations briefings 

‘‘The Secretary of Defense shall provide to the Committees 

on Armed Services of the House of Representatives and the Senate 

quarterly briefings on all offensive and significant defensive military 

operations in cyberspace carried out by the Department of Defense 

during the immediately preceding quarter.’’. 

(b) INITIAL BRIEFING.—The first briefing required under section 

484 of title 10, United States Code, as added by subsection (a), 

shall be provided not later than March 1, 2013. 

(c) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 23 of title 10, United States Code, is amended 

by inserting after the item relating to section 483 the following 

new item: 

‘‘484. Quarterly cyber operations briefings.’’. 

SEC. 940. SENSE OF CONGRESS ON THE UNITED STATES CYBER COMMAND. 

It is the sense of Congress that— 

10 USC 

prec. 480. 

Deadline. 

10 USC 484 note. 

10 USC 484. 

Determination. 


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(1) there is a serious cyber threat to the national security 

of the United States and the need to work both offensively 

and defensively to protect the networks and critical infrastructure of the United States; 

(2) it is important to have a unified command structure 

in the Department of Defense to direct military operations 

in cyberspace; 

(3) a change in the status of the United States Cyber 

Command has implications for the entire Department and the 

national security of the United States, which require careful 

consideration; 

(4) Congress expects to be briefed and consulted about 

any proposal to elevate the United States Cyber Command 

to a unified command at the time when the Secretary of Defense 

makes such a proposal and to receive— 

(A) a clear statement of mission of the United States 

Cyber Command and related legal definitions; 

(B) an outline of the specific national security benefits 

of elevating the sub-unified United States Cyber Command 

to a unified command; 

(C) an estimate of the cost of creating a unified United 

States Cyber Command and a justification of the expenditure; and 

(D) if the Secretary considers it advisable to continue 

the designation of the Commander of the United States 

Cyber Command as also being the Director of the National 

Security Agency— 

(i) an explanation of how a single individual could 

serve as a commander of a combatant command that 

conducts overt, though clandestine, cyber operations 

under title 10, United States Code, and serve as the 

head of an element of the intelligence community that 

conducts covert cyber operations under the National 

Security Act of 1947 (50 U.S.C. 401 et seq.) in a manner 

that affords deniability to the United States; and 

(ii) a statement of whether the Secretary believes 

it is appropriate either to appoint a line officer as 

the Director of the National Security Agency or to 

take the unprecedented step of appointing an intelligence officer as a unified commander; and 

(5) appropriate policy foundations and standing rules of 

engagement must be in place before any decision to create 

a unified United States Cyber Command. 

SEC. 941. REPORTS TO DEPARTMENT OF DEFENSE ON PENETRATIONS 

OF NETWORKS AND INFORMATION SYSTEMS OF CERTAIN 

CONTRACTORS. 

(a) PROCEDURES FOR REPORTING PENETRATIONS.—The Secretary 

of Defense shall establish procedures that require each cleared 

defense contractor to report to a component of the Department 

of Defense designated by the Secretary for purposes of such procedures when a network or information system of such contractor 

that meets the criteria established pursuant to subsection (b) is 

successfully penetrated. 

(b) NETWORKS AND INFORMATION SYSTEMS SUBJECT TO

REPORTING.— 

10 USC 2224 

note. 


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126 STAT. 1890 PUBLIC LAW 112–239—JAN. 2, 2013 

(1) CRITERIA.—The Secretary of Defense shall designate 

a senior official to, in consultation with the officials specified 

in paragraph (2), establish criteria for covered networks to 

be subject to the procedures for reporting system penetrations 

under subsection (a). 

(2) OFFICIALS.—The officials specified in this subsection 

are the following: 

(A) The Under Secretary of Defense for Policy. 

(B) The Under Secretary of Defense for Acquisition, 

Technology, and Logistics. 

(C) The Under Secretary of Defense for Intelligence. 

(D) The Chief Information Officer of the Department 

of Defense. 

(E) The Commander of the United States Cyber Command. 

(c) PROCEDURE REQUIREMENTS.— (1) RAPID REPORTING.—The procedures established pursuant to subsection (a) shall require each cleared defense contractor to rapidly report to a component of the Department 

of Defense designated pursuant to subsection (a) of each 

successful penetration of the network or information systems 

of such contractor that meet the criteria established pursuant 

to subsection (b). Each such report shall include the following: 

(A) A description of the technique or method used 

in such penetration. 

(B) A sample of the malicious software, if discovered 

and isolated by the contractor, involved in such penetration. 

(C) A summary of information created by or for the 

Department in connection with any Department program 

that has been potentially compromised due to such penetration. 

(2) ACCESS TO EQUIPMENT AND INFORMATION BY DEPARTMENT OF DEFENSE PERSONNEL.—The procedures established 

pursuant to subsection (a) shall— 

(A) include mechanisms for Department of Defense 

personnel to, upon request, obtain access to equipment 

or information of a cleared defense contractor necessary 

to conduct forensic analysis in addition to any analysis 

conducted by such contractor; 

(B) provide that a cleared defense contractor is only 

required to provide access to equipment or information 

as described in subparagraph (A) to determine whether 

information created by or for the Department in connection 

with any Department program was successfully exfiltrated 

from a network or information system of such contractor 

and, if so, what information was exfiltrated; and 

(C) provide for the reasonable protection of trade 

secrets, commercial or financial information, and information that can be used to identify a specific person. 

(3) LIMITATION ON DISSEMINATION OF CERTAIN INFORMATION.—The procedures established pursuant to subsection (a) 

shall prohibit the dissemination outside the Department of 

Defense of information obtained or derived through such procedures that is not created by or for the Department except 

with the approval of the contractor providing such information. 

(d) ISSUANCE OF PROCEDURES AND ESTABLISHMENT OF CRI- TERIA.— 


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

of the enactment of this Act— 

(A) the Secretary of Defense shall establish the procedures required under subsection (a); and 

(B) the senior official designated under subsection 

(b)(1) shall establish the criteria required under such subsection. 

(2) APPLICABILITY DATE.—The requirements of this section 

shall apply on the date on which the Secretary of Defense 

establishes the procedures required under this section. 

(e) DEFINITIONS.—In this section: 

(1) CLEARED DEFENSE CONTRACTOR.—The term ‘‘cleared 

defense contractor’’ means a private entity granted clearance 

by the Department of Defense to access, receive, or store classified information for the purpose of bidding for a contract or 

conducting activities in support of any program of the Department of Defense. 

(2) COVERED NETWORK.—The term ‘‘covered network’’ 

means a network or information system of a cleared defense 

contractor that contains or processes information created by 

or for the Department of Defense with respect to which such 

contractor is required to apply enhanced protection. 

Subtitle E—Other Matters 

SEC. 951. ADVICE ON MILITARY REQUIREMENTS BY CHAIRMAN OF 

JOINT CHIEFS OF STAFF AND JOINT REQUIREMENTS 

OVERSIGHT COUNCIL. 

(a) AMENDMENTS RELATED TO CHAIRMAN OF JOINT CHIEFS OF

STAFF.—Section 153(a)(4) of title 10, United States Code, is 

amended by striking subparagraph (F) and inserting the following 

new subparagraphs: 

‘‘(F) Identifying, assessing, and approving military requirements (including existing systems and equipment) to meet the 

National Military Strategy. 

‘‘(G) Recommending to the Secretary appropriate tradeoffs among life-cycle cost, schedule, and performance objectives, 

and procurement quantity objectives, to ensure that such tradeoffs are made in the acquisition of materiel and equipment 

to support the strategic and contingency plans required by 

this subsection in the most effective and efficient manner.’’. 

(b) AMENDMENTS RELATED TO JROC.—Section 181(b) of such 

title is amended— 

(1) in paragraph (1)(C), by striking ‘‘in ensuring’’ and all 

that follows through ‘‘requirements’’ and inserting the following: 

‘‘in ensuring that appropriate trade-offs are made among lifecycle cost, schedule, and performance objectives, and procurement quantity objectives, in the establishment and approval 

of military requirements’’; and 

(2) in paragraph (3), by striking ‘‘such resource level’’ and 

inserting ‘‘the total cost of such resources’’. 

(c) AMENDMENTS RELATED TO CHIEFS OF ARMED FORCES.— 

Section 2547(a) of such title is amended— 

(1) in paragraph (1), by striking ‘‘of requirements relating 

to the defense acquisition system’’ and inserting ‘‘of requirements for equipping the armed force concerned’’; 


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(2) by redesignating paragraphs (3) and (4) as paragraphs 

(5) and (6), respectively; and 

(3) by inserting after paragraph (2) the following new paragraphs: 

‘‘(3) The recommendation of trade-offs among life-cycle cost, 

schedule, and performance objectives, and procurement 

quantity objectives, to ensure acquisition programs deliver best 

value in meeting the approved military requirements. 

‘‘(4) Termination of development or procurement programs 

for which life-cycle cost, schedule, and performance expectations 

are no longer consistent with approved military requirements 

and levels of priority, or which no longer have approved military 

requirements.’’. 

SEC. 952. ENHANCEMENT OF RESPONSIBILITIES OF THE CHAIRMAN 

OF THE JOINT CHIEFS OF STAFF REGARDING THE 

NATIONAL MILITARY STRATEGY. 

(a) IN GENERAL.—Subsection (b) of section 153 of title 10, 

United States Code, is amended to read as follows: 

‘‘(b) NATIONAL MILITARY STRATEGY.— 

‘‘(1) NATIONAL MILITARY STRATEGY.—(A) The Chairman 

shall determine each even-numbered year whether to prepare 

a new National Military Strategy in accordance with this 

subparagraph or to update a strategy previously prepared in 

accordance with this subsection. The Chairman shall complete 

preparation of the National Military Strategy or update in 

time for transmittal to Congress pursuant to paragraph (3), 

including in time for inclusion of the report of the Secretary 

of Defense, if any, under paragraph (4). 

‘‘(B) Each National Military Strategy (or update) under 

this paragraph shall be based on a comprehensive review conducted by the Chairman in conjunction with the other members 

of the Joint Chiefs of Staff and the commanders of the unified 

and specified combatant commands. 

‘‘(C) Each National Military Strategy (or update) submitted 

under this paragraph shall describe how the military will 

achieve the objectives of the United States as articulated in— 

‘‘(i) the most recent National Security Strategy prescribed by the President pursuant to section 108 of the 

National Security Act of 1947 (50 U.S.C. 404a); 

‘‘(ii) the most recent annual report of the Secretary 

of Defense submitted to the President and Congress pursuant to section 113 of this title; 

‘‘(iii) the most recent Quadrennial Defense Review conducted by the Secretary of Defense pursuant to section 

118 of this title; and 

‘‘(iv) any other national security or defense strategic 

guidance issued by the President or the Secretary of 

Defense. 

‘‘(D) Each National Military Strategy (or update) submitted 

under this paragraph shall identify— 

‘‘(i) the United States military objectives and the relationship of those objectives to the strategic environment 

and to the threats required to be described under subparagraph (E); 

Determination. 


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‘‘(ii) the operational concepts, missions, tasks, or activities necessary to support the achievement of the objectives 

identified under clause (i); 

‘‘(iii) the fiscal, budgetary, and resource environments 

and conditions that, in the assessment of the Chairman, 

affect the strategy; and 

‘‘(iv) the assumptions made with respect to each of 

clauses (i) through (iii). 

‘‘(E) Each National Military Strategy (or update) submitted 

under this paragraph shall also include a description of— 

‘‘(i) the strategic environment and the opportunities 

and challenges that affect United States national interests 

and United States national security; 

‘‘(ii) the threats, such as international, regional, 

transnational, hybrid, terrorism, cyber attack, weapons of 

mass destruction, asymmetric challenges, and any other 

categories of threats identified by the Chairman, to the 

United States national security; 

‘‘(iii) the implications of current force planning and 

sizing constructs for the strategy; 

‘‘(iv) the capacity, capabilities, and availability of 

United States forces (including both the active and reserve 

components) to support the execution of missions required 

by the strategy; 

‘‘(v) areas in which the armed forces intends to engage 

and synchronize with other departments and agencies of 

the United States Government contributing to the execution of missions required by the strategy; 

‘‘(vi) areas in which the armed forces could be augmented by contributions from alliances (such as the North 

Atlantic Treaty Organization), international allies, or other 

friendly nations in the execution of missions required by 

the strategy; 

‘‘(vii) the requirements for operational contractor support to the armed forces for conducting security force assistance training, peacekeeping, overseas contingency operations, and other major combat operations under the 

strategy; and 

‘‘(viii) the assumptions made with respect to each of 

clauses (i) through (vii). 

‘‘(F) Each update to a National Military Strategy under 

this paragraph shall address only those parts of the most 

recent National Military Strategy for which the Chairman 

determines, on the basis of a comprehensive review conducted 

in conjunction with the other members of the Joint Chiefs 

of Staff and the commanders of the combatant commands, 

that a modification is needed. 

‘‘(2) RISK ASSESSMENT.—(A) The Chairman shall prepare 

each year an assessment of the risks associated with the most 

current National Military Strategy (or update) under paragraph 

(1). The risk assessment shall be known as the ‘Risk Assessment of the Chairman of the Joint Chiefs of Staff’. The Chairman shall complete preparation of the Risk Assessment in 

time for transmittal to Congress pursuant to paragraph (3), 

including in time for inclusion of the report of the Secretary 

of Defense, if any, under paragraph (4). 

‘‘(B) The Risk Assessment shall do the following: 

Deadline. 


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‘‘(i) As the Chairman considers appropriate, update 

any changes to the strategic environment, threats, objectives, force planning and sizing constructs, assessments, 

and assumptions that informed the National Military 

Strategy required by this section. 

‘‘(ii) Identify and define the strategic risks to United 

States interests and the military risks in executing the 

missions of the National Military Strategy. 

‘‘(iii) Identify and define levels of risk distinguishing 

between the concepts of probability and consequences, 

including an identification of what constitutes ‘significant’ 

risk in the judgment of the Chairman. 

‘‘(iv)(I) Identify and assess risk in the National Military 

Strategy by category and level and the ways in which 

risk might manifest itself, including how risk is projected 

to increase, decrease, or remain stable over time; and 

‘‘(II) for each category of risk, assess the extent to 

which current or future risk increases, decreases, or is 

stable as a result of budgetary priorities, tradeoffs, or fiscal 

constraints or limitations as currently estimated and 

applied in the most current future-years defense program 

under section 221 of this title. 

‘‘(v) Identify and assess risk associated with the 

assumptions or plans of the National Military Strategy 

about the contributions or support of— 

‘‘(I) other departments and agencies of the United 

States Government (including their capabilities and 

availability); 

‘‘(II) alliances, allies, and other friendly nations 

(including their capabilities, availability, and interoperability); and 

‘‘(III) contractors. 

‘‘(vi) Identify and assess the critical deficiencies and 

strengths in force capabilities (including manpower, logistics, intelligence, and mobility support) identified during 

the preparation and review of the contingency plans of 

each unified combatant command, and identify and assess 

the effect of such deficiencies and strengths for the National 

Military Strategy. 

‘‘(3) SUBMITTAL OF NATIONAL MILITARY STRATEGY AND RISK

ASSESSMENT TO CONGRESS.—(A) Not later than February 15 

of each even-numbered year, the Chairman shall, through the 

Secretary of Defense, submit to the Committees on Armed 

Services of the Senate and the House of Representatives the 

National Military Strategy or update, if any, prepared under 

paragraph (1) in such year. 

‘‘(B) Not later than February 15 each year, the Chairman 

shall, through the Secretary of Defense, submit to the Committees on Armed Services of the Senate and the House of Representatives the Risk Assessment prepared under paragraph 

(2) in such year. 

‘‘(4) SECRETARY OF DEFENSE REPORTS TO CONGRESS.—(A) 

In transmitting a National Military Strategy (or update) or 

Risk Assessment to Congress pursuant to paragraph (3), the 

Secretary of Defense shall include in the transmittal such comments of the Secretary thereon, if any, as the Secretary considers appropriate. 

Deadlines. 


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‘‘(B) If the Risk Assessment transmitted under paragraph 

(3) in a year includes an assessment that a risk or risks 

associated with the National Military Strategy (or update) are 

significant, or that critical deficiencies in force capabilities exist 

for a contingency plan described in paragraph (2)(B)(vi), the 

Secretary shall include in the transmittal of the Risk Assessment the plan of the Secretary for mitigating such risk or 

deficiency. A plan for mitigating risk of deficiency under this 

subparagraph shall— 

‘‘(i) address the risk assumed in the National Military 

Strategy (or update) concerned, and the additional actions 

taken or planned to be taken to address such risk using 

only current technology and force structure capabilities; 

and 

‘‘(ii) specify, for each risk addressed, the extent of, 

and a schedule for expected mitigation of, such risk, and 

an assessment of the potential for residual risk, if any, 

after mitigation.’’. 

(b) CONFORMING AMENDMENT.—Such section is further 

amended by striking subsection (d). 

SEC. 953. ONE-YEAR EXTENSION OF AUTHORITY TO WAIVE 

REIMBURSEMENT OF COSTS OF ACTIVITIES FOR NONGOVERNMENTAL PERSONNEL AT DEPARTMENT OF 

DEFENSE REGIONAL CENTERS FOR SECURITY STUDIES. 

Paragraph (1) of section 941(b) of the Duncan Hunter National 

Defense Authorization Act for Fiscal Year 2009 (Public Law 110– 

417; 10 U.S.C. 184 note) is amended by striking ‘‘through 2012’’ 

and inserting ‘‘through 2013’’. 

SEC. 954. NATIONAL LANGUAGE SERVICE CORPS. 

(a) CHARTER FOR NATIONAL LANGUAGE SERVICE CORPS.—The 

David L. Boren National Security Education Act of 1991 (50 U.S.C. 

1901 et seq.) is amended by adding at the end the following new 

section: 

‘‘SEC. 813. NATIONAL LANGUAGE SERVICE CORPS. 

‘‘(a) ESTABLISHMENT.—(1) The Secretary of Defense may establish and maintain within the Department of Defense a National 

Language Service Corps (in this section referred to as the ‘Corps’). 

‘‘(2) The purpose of the Corps is to provide a pool of nongovernmental personnel with foreign language skills who, as provided 

in regulations prescribed under this section, agree to provide foreign 

language services to the Department of Defense or another department or agency of the United States. 

‘‘(b) NATIONAL SECURITY EDUCATION BOARD.—If the Secretary 

establishes the Corps, the Secretary shall provide for the National 

Security Education Board to oversee and coordinate the activities 

of the Corps to such extent and in such manner as determined 

by the Secretary under paragraph (9) of section 803(d). 

‘‘(c) MEMBERSHIP.—To be eligible for membership in the Corps, 

a person must be a citizen of the United States authorized by 

law to be employed in the United States, have attained the age 

of 18 years, and possess such foreign language skills as the Secretary considers appropriate for membership in the Corps. 

‘‘(d) TRAINING.—The Secretary may provide members of the 

Corps such training as the Secretary prescribes for purposes of 

this section. 

50 USC 1913. 

Plans. 


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‘‘(e) SERVICE.—Upon a determination that it is in the national 

interests of the United States, the Secretary shall call upon members of the Corps to provide foreign language services to the Department of Defense or another department or agency of the United 

States. If a member of the Corps is, as of the time of such determination, employed by or performing under a contract for an element 

of another Federal agency, the Secretary shall first obtain the 

concurrence of the head of that agency. 

‘‘(f) FUNDING.—The Secretary may impose fees, in amounts 

up to full-cost recovery, for language services and technical assistance rendered by members of the Corps. Amounts of fees received 

under this section shall be credited to the account of the Department 

providing funds for any costs incurred by the Department in connection with the Corps. Amounts so credited to such account shall 

be merged with amounts in such account, and shall be available 

to the same extent, and subject to the same conditions and limitations, as amounts in such account. Any amounts so credited shall 

remain available until expended.’’. 

(b) NATIONAL SECURITY EDUCATION BOARD MATTERS.— 

(1) COMPOSITION.—Subsection (b) of section 803 of such 

Act (50 U.S.C. 1903) is amended— 

(A) by striking paragraph (5); 

(B) by redesignating paragraphs (6) and (7) as paragraphs (8) and (9), respectively; and 

(C) by inserting after paragraph (4) the following new 

paragraphs: 

‘‘(5) The Secretary of Homeland Security. 

‘‘(6) The Secretary of Energy. 

‘‘(7) The Director of National Intelligence.’’. 

(2) FUNCTIONS.—Subsection (d) of such section is amended 

by adding at the end the following new paragraph: 

‘‘(9) To the extent provided by the Secretary of Defense, 

oversee and coordinate the activities of the National Language 

Service Corps under section 813, including— 

‘‘(A) assessing on a periodic basis whether the Corps 

is addressing the needs identified by the heads of departments and agencies of the Federal Government for personnel with skills in various foreign languages; 

‘‘(B) recommending plans for the Corps to address foreign language shortfalls and requirements of the departments and agencies of the Federal Government; 

‘‘(C) recommending effective ways to increase public 

awareness of the need for foreign languages skills and 

career paths in the Federal Government that use those 

skills; and 

‘‘(D) overseeing the Corps efforts to work with Executive agencies and State and Local governments to respond 

to interagency plans and agreements to address overall 

foreign language shortfalls and to utilize personnel to 

address the various types of crises that warrant foreign 

language skills.’’. 

SEC. 955. SAVINGS TO BE ACHIEVED IN CIVILIAN PERSONNEL 

WORKFORCE AND SERVICE CONTRACTOR WORKFORCE OF 

THE DEPARTMENT OF DEFENSE. 

(a) REQUIRED PLAN.— 

10 USC 129a 

note. 

Determination. 


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PUBLIC LAW 112–239—JAN. 2, 2013 126 STAT. 1897 

(1) IN GENERAL.—The Secretary of Defense shall ensure 

that the civilian personnel workforce and service contractor 

workforce of the Department of Defense are appropriately sized 

to support and execute the National Military Strategy, taking 

into account military personnel and force structure levels. Not 

later than 90 days after the date of the enactment of this 

Act, the Secretary of Defense shall develop and begin to execute 

an efficiencies plan for the civilian personnel workforce and 

service contractor workforce of the Department of Defense. 

(2) CONSISTENCY WITH OTHER POLICIES AND PROCEDURES.— The Secretary shall ensure the plan required under this subsection is consistent with the policies and procedures required 

under section 129a of title 10, United States Code, as implemented under the policies issued by the Under Secretary of 

Defense for Personnel and Readiness for determining the most 

appropriate and cost-efficient mix of military, civilian, and 

service contractor personnel to perform the missions of the 

Department of Defense. 

(b) SAVINGS.—The plan required under subsection (a) shall 

achieve savings in the total funding for each workforce covered 

by such plan over the period from fiscal year 2012 through fiscal 

year 2017 that are not less, as a percentage of such funding, 

than the savings in funding for basic military personnel pay 

achieved from reductions in military end strengths over the same 

period of time. 

(c) EXCLUSIONS.—In developing and implementing the plan 

required by subsection (a) and achieving the savings percentages 

required by subsection (b), the Secretary of Defense may exclude 

expenses related to the performance of functions identified as core 

or critical to the mission of the Department, consistent with the 

workload analysis and risk assessments required by sections 129 

and 129a of title 10, United States Code. In making a determination 

of core or critical functions, the Secretary shall consider at least 

the following: 

(1) Civilian personnel expenses for personnel as follows: 

(A) Personnel in Mission Critical Occupations, as 

defined by the Civilian Human Capital Strategic Plan of 

the Department of Defense and the Acquisition Workforce 

Plan of the Department of Defense. 

(B) Personnel employed at facilities providing core 

logistics capabilities pursuant to section 2464 of title 10, 

United States Code. 

(C) Personnel in the Offices of the Inspectors General 

of the Department of Defense. 

(2) Service contractor expenses for personnel as follows: 

(A) Personnel performing maintenance and repair of 

military equipment. 

(B) Personnel providing medical services. 

(C) Personnel performing financial audit services. 

(3) Personnel expenses for personnel in the civilian personnel workforce or service contractor workforce performing 

such other critical functions as may be identified by the Secretary as requiring exemption in the interest of the national 

defense. 

(d) REPORTS.— (1) INITIAL REPORT.—Not later than 120 days after the 

date of the enactment of this Act, the Secretary of Defense 

Deadline. 


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126 STAT. 1898 PUBLIC LAW 112–239—JAN. 2, 2013 

shall submit to the congressional defense committees a report 

including a comprehensive description of the plan required 

by subsection (a). 

(2) STATUS REPORTS.—As part of the budget submitted 

by the President to Congress for each of fiscal years 2015 

through 2018, the Secretary shall include a report describing 

the implementation of the plan during the prior fiscal year 

and any modifications to the plan required due to changing 

circumstances. Each such report shall include a summary of 

the savings achieved in such prior fiscal year through reductions in the military, civilian, and service contractor personnel 

workforces, and the number of military, civilian, and service 

contractor personnel reduced. In any case in which savings 

fall short of the annual target, the report shall include an 

explanation of the reasons for such shortfall. 

(3) EXCLUSIONS.—Each report under paragraphs (1) and 

(2) shall specifically identify any exclusion granted by the Secretary under subsection (c) in the period of time covered by 

the report. 

(e) LIMITATION ON TRANSFERS OF FUNCTIONS.—The Secretary 

shall ensure that the savings required by this section are not 

achieved through unjustified transfers of functions between or 

among the military, civilian, and service contractor personnel 

workforces of the Department of Defense. Nothing in this section 

shall be construed to preclude the Secretary from exercising 

authority available to the Department under sections 129a, 2330a, 

2461, and 2463 of title 10, United States Code. 

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

amount equal to 30 percent of the amount of the reductions in 

appropriated funds attributable to reduced budgets for the civilian 

and service contractor workforces of the Department by reason 

of the plan required by subsection (a) should be made available 

for costs of assisting military personnel separated from the Armed 

Forces in the transition from military service. 

(g) SERVICE CONTRACTOR WORKFORCE DEFINED.—In this section, the term ‘‘service contractor workforce’’ means contractor 

employees performing contract services, as defined in section 

2330(c)(2) of title 10, United States Code, other than contract services that are funded out of amounts available for overseas contingency operations. 

(h) COMPTROLLER GENERAL REVIEW AND REPORT.—For each 

fiscal year from fiscal year 2015 through fiscal year 2018, the 

Comptroller General of the United States shall review the status 

reports submitted by the Secretary as required by subsection (d)(2) 

to determine whether the savings required by subsection (b) are 

being achieved in the civilian personnel workforce and the service 

contractor workforce and whether the plan required under subsection (a) is being implemented consistent with sourcing and 

workforce management laws, including sections 129, 129a, 2330a, 

2461, and 2463 of title 10, United States Code. The Comptroller 

General shall submit a report on the findings of each review to 

the congressional defense committees not later than 120 days after 

the end of each fiscal year covered by this subsection. 


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SEC. 956. EXPANSION OF PERSONS ELIGIBLE FOR EXPEDITED FEDERAL HIRING FOLLOWING COMPLETION OF NATIONAL 

SECURITY EDUCATION PROGRAM SCHOLARSHIP. 

Section 802(k) of the David L. Boren National Security Education Act of 1991 (50 U.S.C. 1902(k)) is amended to read as 

follows: 

‘‘(k) EMPLOYMENT OF PROGRAM PARTICIPANTS.— 

‘‘(1) APPOINTMENT AUTHORITY.—The Secretary of Defense, 

the Secretary of Homeland Security, the Secretary of State, 

or the head of a Federal agency or office identified by the 

Secretary of Defense under subsection (g) as having national 

security responsibilities— 

‘‘(A) may, without regard to any provision of title 5, 

United States Code, governing appointments in the 

competitive service, appoint an eligible program participant— 

‘‘(i) to a position in the excepted service that is 

certified by the Secretary of Defense under clause (i) 

of subsection (b)(2)(A) as contributing to the national 

security of the United States; or 

‘‘(ii) subject to clause (ii) of such subsection, to 

a position in the excepted service in such Federal 

agency or office identified by the Secretary; and 

‘‘(B) may, upon satisfactory completion of two years 

of substantially continuous service by an incumbent who 

was appointed to an excepted service position under the 

authority of subparagraph (A), convert the appointment 

of such individual, without competition, to a career or 

career-conditional appointment. 

‘‘(2) TREATMENT OF CERTAIN SERVICE.—In the case of an 

eligible program participant described in clause (ii) or (iii) of 

paragraph (3)(C) who receives an appointment under paragraph 

(1)(A), the head of a Department or Federal agency or office 

referred to in paragraph (1) may count any period that the 

individual served in a position with the Federal Government 

toward satisfaction of the service requirement under paragraph 

(1)(B) if that service— 

‘‘(A) in the case of an appointment under clause (i) 

of paragraph (1)(A), was in a position that is identified 

under clause (i) of subsection (b)(2)(A) as contributing to 

the national security of the United States; or 

‘‘(B) in the case of an appointment under clause (ii) 

of paragraph (1)(A), was in the Federal agency or office 

in which the appointment under that clause is made. 

‘‘(3) ELIGIBLE PROGRAM PARTICIPANT DEFINED.—In this subsection, the term ‘eligible program participant’ means an individual who— 

‘‘(A) has successfully completed an academic program 

for which a scholarship or fellowship under this section 

was awarded; 

‘‘(B) has not previously been appointed to the excepted 

service position under paragraph (1)(A); and 

‘‘(C) at the time of the appointment of the individual 

to an excepted service position under paragraph (1)(A)— 

‘‘(i) under the terms of the agreement for such 

scholarship or fellowship, owes a service commitment 


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126 STAT. 1900 PUBLIC LAW 112–239—JAN. 2, 2013 

to a Department or Federal agency or office referred 

to in paragraph (1); 

‘‘(ii) is employed by the Federal Government under 

a non-permanent appointment to a position in the 

excepted service that has national security responsibilities; or 

‘‘(iii) is a former civilian employee of the Federal 

Government who has less than a one-year break in 

service from the last period of Federal employment 

of such individual in a non-permanent appointment 

in the excepted service with national security responsibilities.’’. 

TITLE X—GENERAL PROVISIONS 

Subtitle A—Financial Matters 

Sec. 1001. General transfer authority. 

Sec. 1002. Budgetary effects of this Act. 

Sec. 1003. Sense of Congress on notice to Congress on unfunded priorities. 

Sec. 1004. Authority to transfer funds to the National Nuclear Security Administration to sustain nuclear weapons modernization. Sec. 1005. Audit readiness of Department of Defense statements of budgetary resources. Sec. 1006. Report on balances carried forward by the Department of Defense at the 

end of fiscal year 2012. Sec. 1007. Report on elimination and streamlining of reporting requirements, 

thresholds, and statutory and regulatory requirements resulting from 

unqualified audit opinion of Department of Defense financial statements. 

Subtitle B—Counter-Drug Activities 

Sec. 1008. Extension of the authority to establish and operate National Guard 

counterdrug schools. Sec. 1009. Biannual reports on use of funds in the Drug Interdiction and CounterDrug Activities, Defense-wide account. Sec. 1010. Extension of authority to support unified counter-drug and counterterrorism campaign in Colombia. Sec. 1011. Extension of authority for joint task forces to provide support to law enforcement agencies conducting counter-terrorism activities. Sec. 1012. Requirement for biennial certification on provision of support for 

counter-drug activities to certain foreign governments. 

Subtitle C—Naval Vessels and Shipyards 

Sec. 1013. Policy relating to major combatant vessels of the strike forces of the 

United States Navy. Sec. 1014. Limitation on availability of funds for delayed annual naval vessel construction plan. Sec. 1015. Retirement of naval vessels. 

Sec. 1016. Termination of a Maritime Prepositioning Ship squadron. 

Sec. 1017. Sense of Congress on recapitalization for the Navy and Coast Guard. 

Sec. 1018. Notice to Congress for the review of proposals to name naval vessels. 

Subtitle D—Counterterrorism 

Sec. 1021. Extension of authority to make rewards for combating terrorism. 

Sec. 1022. Prohibition on use of funds to construct or modify facilities in the United 

States to house detainees transferred from United States Naval Station, 

Guantanamo Bay, Cuba. 

Sec. 1023. Report on recidivism of individuals detained at United States Naval Station, Guantanamo Bay, Cuba, who have been transferred to foreign 

countries. 

Sec. 1024. Notice and report on use of naval vessels for detention of individuals 

captured outside Afghanistan pursuant to the Authorization for Use of 

Military Force. 

Sec. 1025. Notice required prior to transfer of certain individuals detained at the 

Detention Facility at Parwan, Afghanistan. 

Sec. 1026. Report on recidivism of individuals formerly detained at the Detention 

Facility at Parwan, Afghanistan. 


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Sec. 1027. Prohibition on the use of funds for the transfer or release of individuals 

detained at United States Naval Station, Guantanamo Bay, Cuba. 

Sec. 1028. Requirements for certifications relating to the transfer of detainees at 

United States Naval Station, Guantanamo Bay, Cuba, to foreign countries and other foreign entities. 

Sec. 1029. Rights Unaffected. 

Subtitle E—Nuclear Forces 

Sec. 1031. Nuclear weapons employment strategy of the United States. 

Sec. 1032. Progress of modernization. 

Sec. 1033. Report in the event of insufficient funding for modernization of nuclear 

weapons stockpile. 

Sec. 1034. Prevention of asymmetry of nuclear weapon stockpile reductions. 

Sec. 1035. Strategic delivery systems. 

Sec. 1036. Consideration of expansion of nuclear forces of other countries. 

Sec. 1037. Nonstrategic nuclear weapon reductions and extended deterrence policy. 

Sec. 1038. Unilateral change in nuclear weapons stockpile of the United States. 

Sec. 1039. Expansion of duties and responsibilities of the Nuclear Weapons Council. 

Sec. 1040. Interagency Council on the Strategic Capability of the National Laboratories. 

Sec. 1041. Cost estimates for nuclear weapons. 

Sec. 1042. Prior notification with regard to retirement of strategic delivery systems. 

Sec. 1043. Report on nuclear warheads on intercontinental ballistic missiles of the 

United States. 

Sec. 1044. Requirements for combined or interoperable warhead for certain missile 

systems. 

Sec. 1045. Reports on capability of conventional and nuclear forces against certain 

tunnel sites and on nuclear weapons program of the People’s Republic 

of China. 

Sec. 1046. Report on conventional and nuclear forces in the Western Pacific region. 

Subtitle F—Miscellaneous Authorities and Limitations 

Sec. 1051. Expansion of authority of the Secretary of the Army to loan or donate 

excess non-automatic service rifles for funeral and other ceremonial purposes. 

Sec. 1052. Interagency collaboration on unmanned aircraft systems. 

Sec. 1053. Authority to transfer surplus Mine-Resistant Ambush-Protected vehicles 

and spare parts. 

Sec. 1054. Notice to Congress of certain Department of Defense nondisclosure 

agreements. 

Sec. 1055. Extension of authority to provide assured business guarantees to carriers participating in Civil Reserve Air Fleet. 

Sec. 1056. Authority for short-term extension of lease for aircraft supporting the 

Blue Devil intelligence, surveillance, and reconnaissance program. 

Sec. 1057. Rule of construction relating to prohibition on infringing on the individual right to lawfully acquire, possess, own, carry, and otherwise use 

privately owned firearms, ammunition, and other weapons. 

Sec. 1058. Sense of Congress on the Joint Warfighting Analysis Center. 

Sec. 1059. Limitations on retirement of fixed-wing intra-theater airlift aircraft for 

general support and time sensitive/mission critical direct support airlift 

missions of the Department of Defense. 

Subtitle G—Studies and Reports 

Sec. 1061. Electronic warfare strategy of the Department of Defense. 

Sec. 1062. Report on counterproliferation capabilities and limitations. 

Sec. 1063. Report on strategic airlift aircraft. 

Sec. 1064. Repeal of biennial report on the Global Positioning System. 

Sec. 1065. Improvements to reports required on acquisition of technology relating 

to weapons of mass destruction and the threat posed by weapons of 

mass destruction, ballistic missiles, and cruise missiles. 

Sec. 1066. Report on force structure of the United States Army. 

Sec. 1067. Report on planned efficiency initiatives at Space and Naval Warfare Systems Command. 

Sec. 1068. Report on military resources necessary to execute United States Force 

Posture Strategy in the Asia Pacific Region. 

Sec. 1069. Rialto-Colton Basin, California, water resources study. 

Sec. 1070. Reports on the potential security threat posed by Boko Haram. 

Sec. 1071. Study on the ability of national test and evaluation capabilities to support the maturation of hypersonic technologies for future defense systems development. 


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126 STAT. 1902 PUBLIC LAW 112–239—JAN. 2, 2013 

Subtitle H—Other Matters 

Sec. 1076. Technical and clerical amendments. 

Sec. 1077. Sense of Congress on recognizing Air Mobility Command on its 20th anniversary. 

Sec. 1078. Dissemination abroad of information about the United States. 

Sec. 1079. Coordination for computer network operations. 

Sec. 1080. Sense of Congress regarding unauthorized disclosures of classified information. 

Sec. 1081. Technical amendments to repeal statutory references to United States 

Joint Forces Command. 

Sec. 1082. Sense of Congress on non-United States citizens who are graduates of 

United States educational institutions with advanced degrees in science, 

technology, engineering, and mathematics. 

Sec. 1083. Scientific framework for recalcitrant cancers. 

Sec. 1084. Protection of veterans’ memorials. 

Sec. 1085. Sense of Congress regarding spectrum. 

Sec. 1086. Public Safety Officers’ Benefits Program. 

Sec. 1087. Removal of action. 

Sec. 1088. Transport for female genital mutilation. 

Sec. 1089. Amendments to law enforcement officer safety provisions of title 18. 

Sec. 1090. Reauthorization of sale of aircraft and parts for wildfire suppression purposes. 

Sec. 1091. Transfer of excess aircraft to other departments of the Federal Government. 

Subtitle A—Financial Matters 

SEC. 1001. GENERAL TRANSFER AUTHORITY. 

(a) AUTHORITY TO TRANSFER AUTHORIZATIONS.— 

(1) AUTHORITY.—Upon determination by the Secretary of 

Defense that such action is necessary in the national interest, 

the Secretary may transfer amounts of authorizations made 

available to the Department of Defense in this division for 

fiscal year 2013 between any such authorizations for that fiscal 

year (or any subdivisions thereof). Amounts of authorizations 

so transferred shall be merged with and be available for the 

same purposes as the authorization to which transferred. 

(2) LIMITATION.—Except as provided in paragraph (3), the 

total amount of authorizations that the Secretary may transfer 

under the authority of this section may not exceed 

$4,000,000,000. 

(3) EXCEPTION FOR TRANSFERS BETWEEN MILITARY PERSONNEL AUTHORIZATIONS.—A transfer of funds between military 

personnel authorizations under title IV shall not be counted 

toward the dollar limitation in paragraph (2). 

(b) LIMITATIONS.—The authority provided by subsection (a) to 

transfer authorizations— 

(1) may only be used to provide authority for items that 

have a higher priority than the items from which authority 

is transferred; and 

(2) may not be used to provide authority for an item that 

has been denied authorization by Congress. 

(c) EFFECT ON AUTHORIZATION AMOUNTS.—A transfer made 

from one account to another under the authority of this section 

shall be deemed to increase the amount authorized for the account 

to which the amount is transferred by an amount equal to the 

amount transferred. 

(d) NOTICE TO CONGRESS.—The Secretary shall promptly notify 

Congress of each transfer made under subsection (a). 

Determinations. 


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PUBLIC LAW 112–239—JAN. 2, 2013 126 STAT. 1903 

SEC. 1002. BUDGETARY EFFECTS OF THIS ACT. 

The budgetary effects of this Act, for the purposes of complying 

with the Statutory Pay-As-You-Go Act of 2010, shall be determined 

by reference to the latest statement titled ‘‘Budgetary Effects of 

PAYGO Legislation’’ for this Act, jointly submitted for printing 

in the Congressional Record by the Chairmen of the House and 

Senate Budget Committees, provided that such statement has been 

submitted prior to the vote on passage in the House acting first 

on the conference report or amendment between the Houses. 

SEC. 1003. SENSE OF CONGRESS ON NOTICE TO CONGRESS ON 

UNFUNDED PRIORITIES. 

It is the sense of Congress that— 

(1) not later than 45 days after the submittal to Congress 

of the budget for a fiscal year under section 1105(a) of title 

31, United States Code, each officer specified in paragraph 

(2) should, through the Chairman of the Joint Chiefs of Staff 

and the Secretary of Defense, submit to the congressional 

defense committees a list of any priority military programs 

or activities under the jurisdiction of such officer for which, 

in the estimate of such officer additional funds, if available, 

would substantially reduce operational or programmatic risk 

or accelerate the creation or fielding of a critical military capability; 

(2) the officers specified in this paragraph are— 

(A) the Chief of Staff of the Army; 

(B) the Chief of Naval Operations; 

(C) the Chief of Staff of the Air Force; 

(D) the Commandant of the Marine Corps; and 

(E) the Commander of the United States Special Operations Command; and 

(3) each list, if any, under paragraph (1) should set forth 

for each military program or activity on such list— 

(A) a description of such program or activity; 

(B) a summary description of the justification for or 

objectives of additional funds, if available for such program 

or activity; and 

(C) the additional amount of funds recommended in 

connection with the justification or objectives described 

for such program or activity under subparagraph (B). 

SEC. 1004. AUTHORITY TO TRANSFER FUNDS TO THE NATIONAL 

NUCLEAR SECURITY ADMINISTRATION TO SUSTAIN 

NUCLEAR WEAPONS MODERNIZATION. 

(a) TRANSFER AUTHORIZED.—If the amount authorized to be 

appropriated for the weapons activities of the National Nuclear 

Security Administration for fiscal year 2013 in section 3101 is 

less than $7,900,000,000 (the amount projected to be required for 

such activities in fiscal year 2013 as specified in the report under 

section 1251 of the National Defense Authorization Act for Fiscal 

Year 2010 (Public Law 111–84; 123 Stat. 2549)), the Secretary 

of Defense may transfer, from amounts authorized to be appropriated for the Department of Defense for fiscal year 2013 pursuant 

to this Act, to the Secretary of Energy an amount, not to exceed 

$150,000,000, to be available only for weapons activities of the 

National Nuclear Security Administration. 

Deadline. 

Lists. 


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126 STAT. 1904 PUBLIC LAW 112–239—JAN. 2, 2013 

(b) NOTICE TO CONGRESS.—In the event of a transfer under 

subsection (a), the Secretary of Defense shall promptly notify Congress of the transfer, and shall include in such notice the Department of Defense account or accounts from which funds are transferred. 

(c) TRANSFER MECHANISM.—Any funds transferred under this 

section shall be transferred in accordance with established procedures for reprogramming under section 1001 or successor provisions 

of law. 

(d) CONSTRUCTION OF AUTHORITY.—The transfer authority provided under subsection (a) is in addition to any other transfer 

authority provided under this Act. 

SEC. 1005. AUDIT READINESS OF DEPARTMENT OF DEFENSE STATEMENTS OF BUDGETARY RESOURCES. 

(a) OBJECTIVE.—Section 1003(a)(2)(A)(ii) of the National 

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

84; 123 Stat. 2439; 10 U.S.C. 2222 note) is amended by inserting 

‘‘, and the statement of budgetary resources of the Department 

of Defense is validated as ready for audit by not later than September 30, 2014’’ after ‘‘September 30, 2017’’. 

(b) AFFORDABLE AND SUSTAINABLE APPROACH.— 

(1) IN GENERAL.—The Chief Management Officer of the 

Department of Defense and the Chief Management Officers 

of each of the military departments shall ensure that plans 

to achieve an auditable statement of budgetary resources of 

the Department of Defense by September 30, 2014, include 

appropriate steps to minimize one-time fixes and manual workarounds, are sustainable and affordable, and will not delay 

full auditability of financial statements. 

(2) ADDITIONAL ELEMENTS IN FIAR PLAN REPORT.—Each 

semi-annual report on the Financial Improvement and Audit 

Readiness Plan of the Department of Defense submitted by 

the Under Secretary of Defense (Comptroller) under section 

1003(b) of the National Defense Authorization Act for Fiscal 

Year 2010 (Public Law 111–84; 123 Stat. 2439; 10 U.S.C. 2222 

note) during the period beginning on the date of the enactment 

of this Act and ending on September 30, 2014, shall include 

the following: 

(A) A description of the actions taken by the military 

departments pursuant to paragraph (1). 

(B) A determination by the Chief Management Officer 

of each military department whether or not such military 

department is able to achieve an auditable statement of 

budgetary resources by September 30, 2014, without an 

unaffordable or unsustainable level of one-time fixes and 

manual work-arounds and without delaying the full 

auditability of the financial statements of such military 

department. 

(C) If the Chief Management Officer of a military 

department determines under subparagraph (B) that the 

military department is not able to achieve an auditable 

statement of budgetary resources by September 30, 2014, 

as described in that subparagraph— 

(i) an explanation why the military department 

is unable to meet the deadline; 

Time period. 

10 USC 2222 

note. 

Deadline. 


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PUBLIC LAW 112–239—JAN. 2, 2013 126 STAT. 1905 

(ii) an alternative deadline by which the military 

department will achieve an auditable statement of 

budgetary resources; and 

(iii) a description of the plan of the military department for meeting the alternative deadline. 

SEC. 1006. REPORT ON BALANCES CARRIED FORWARD BY THE DEPARTMENT OF DEFENSE AT THE END OF FISCAL YEAR 2012. 

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

this Act, the Secretary of Defense shall submit to Congress, and 

publish on the Internet website of the Department of Defense 

available to the public, the following: 

(1) The total dollar amount of all balances carried forward 

by the Department of Defense at the end of fiscal year 2012 

by account. 

(2) The total dollar amount of all unobligated balances 

carried forward by the Department of Defense at the end of 

fiscal year 2012 by account. 

(3) The total dollar amount of any balances (both obligated 

and unobligated) that have been carried forward by the Department of Defense for five years or more as of the end of fiscal 

year 2012 by account. 

SEC. 1007. REPORT ON ELIMINATION AND STREAMLINING OF 

REPORTING REQUIREMENTS, THRESHOLDS, AND STATUTORY AND REGULATORY REQUIREMENTS RESULTING 

FROM UNQUALIFIED AUDIT OPINION OF DEPARTMENT OF 

DEFENSE FINANCIAL STATEMENTS. 

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

this Act, the Under Secretary of Defense (Comptroller) shall submit 

to the congressional defense committees a report setting forth, 

in the opinion of the Under Secretary, the following: 

(1) A list of reports currently required by law to be submitted by the Department of Defense to Congress that would 

be no longer necessary if the financial statements of the Department of Defense were audited with an unqualified opinion. 

(2) A list of each statutory and regulatory requirement 

that would be no longer necessary if the financial statements 

of the Department of defense were audited with an unqualified 

opinion. 

(3) A list of each statutory and regulatory requirement 

that could be revised and streamlined if the financial statement 

of the Department of Defense were audited with an unqualified 

opinion. 

Subtitle B—Counter-Drug Activities 

SEC. 1008. EXTENSION OF THE AUTHORITY TO ESTABLISH AND 

OPERATE NATIONAL GUARD COUNTERDRUG SCHOOLS. 

Section 901 of the Office of National Drug Control Policy 

Reauthorization Act of 2006 (Public Law 109–469; 120 Stat. 3536; 

32 U.S.C. 112 note) is amended— 

(1) in subsection (c)— 

(A) by striking paragraph (1) and redesignating paragraphs (2) through (5) as paragraphs (1) through (4), 

respectively; and 

(B) by adding at the end the following new paragraph: 

Lists. 

Web posting. 

Public 

information. 


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126 STAT. 1906 PUBLIC LAW 112–239—JAN. 2, 2013 

‘‘(5) The Western Regional Counterdrug Training Center, 

Camp Murray, Washington.’’; 

(2) by striking subsection (f) and inserting the following 

new subsection (f): 

‘‘(f) ANNUAL REPORT ON ACTIVITIES.—Not later than February 

1 each year, the Secretary of Defense shall submit to Congress 

a report on the activities of the National Guard counterdrug schools 

during the preceding year. Each such report shall set forth a 

description of the activities of each National Guard counterdrug 

school for the fiscal year preceding the fiscal year during which 

the report is submitted, including— 

‘‘(1) the amount of funding made available and the appropriation account for each National Guard counterdrug school 

during such fiscal year; 

‘‘(2) the cumulative amount of funding made available for 

each National Guard counterdrug school during five fiscal years 

preceding such fiscal year; 

‘‘(3) a description of the curriculum and training used at 

each National Guard counterdrug school; 

‘‘(4) a description of how the activities conducted at each 

National Guard counterdrug school fulfilled Department of 

Defense counterdrug mission; 

‘‘(5) a list of the entities described in subsection (b) whose 

personnel received training at each National Guard counterdrug 

school; and 

‘‘(6) updates, if any, to the Department of Defense regulations prescribed under subsection (a).’’; and 

(3) in subsection (g)— 

(A) in paragraph (1), by striking ‘‘There is hereby 

authorized’’ and all that follows through ‘‘such fiscal year’’ 

and inserting the following: ‘‘Not more than $30,000,000 

may be expended by the Secretary of Defense for purposes 

of the National Guard counterdrug schools in any fiscal 

year’’; and 

(B) in paragraph (2), by striking ‘‘amount authorized 

to be appropriated by paragraph (1)’’ and inserting ‘‘amount 

expended pursuant to paragraph (1)’’. 

SEC. 1009. BIANNUAL REPORTS ON USE OF FUNDS IN THE DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSEWIDE ACCOUNT. 

(a) BIANNUAL REPORTS ON EXPENDITURES OF FUNDS.—Not later 

than 60 days after the end of the first half of a fiscal year and 

after the end of the second half of a fiscal year, the Secretary 

of Defense shall submit to the congressional defense committees 

a report setting forth a description of the expenditure of funds, 

by project code, from the Drug Interdiction and Counter-Drug 

Activities, Defense-wide account during such half of the fiscal year, 

including expenditures of funds in direct or indirect support of 

the counter-drug activities of foreign governments. 

(b) INFORMATION ON SUPPORT OF COUNTER-DRUG ACTIVITIES

OF FOREIGN GOVERNMENTS.—The information in a report under 

subsection (a) on direct or indirect support of the counter-drug 

activities of foreign governments shall include, for each foreign 

government so supported, the following: 

(1) The total amount of assistance provided to, or expended 

on behalf of, the foreign government. 

Time periods. 


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PUBLIC LAW 112–239—JAN. 2, 2013 126 STAT. 1907 

(2) A description of the types of counter-drug activities 

conducted using the assistance. 

(3) An explanation of the legal authority under which the 

assistance was provided. 

(c) DEFINITIONS.—In this section: 

(1) The term ‘‘first half of a fiscal year’’ means the period 

beginning on October 1 of any year and ending on March 

31 of the following year. 

(2) The term ‘‘second half of a fiscal year’’ means the 

period beginning on April 1 of any year and ending on September 30 of such year. 

(d) CESSATION OF REQUIREMENT.—No report shall be required 

under subsection (a) for any half of a fiscal year beginning on 

or after October 1, 2017. 

(e) REPEAL OF OBSOLETE AUTHORITY.—Section 1022 of the Floyd 

D. Spence National Defense Authorization Act for Fiscal Year 2001 

(as enacted into law by Public Law 106–398) is hereby repealed. 

SEC. 1010. EXTENSION OF AUTHORITY TO SUPPORT UNIFIED 

COUNTER-DRUG AND COUNTERTERRORISM CAMPAIGN IN 

COLOMBIA. 

Section 1021 of the Ronald W. Reagan National Defense 

Authorization Act for Fiscal Year 2005 (Public Law 108–375; 118 

Stat. 2042), as most recently amended by section 1007 of the 

National Defense Authorization Act for Fiscal Year 2012 (Public 

Law 112–81; 125 Stat. 1558), is amended— 

(1) in subsection (a), by striking ‘‘2012’’ and inserting 

‘‘2013’’; and 

(2) in subsection (c), by striking ‘‘2012’’ and inserting 

‘‘2013’’. 

SEC. 1011. EXTENSION OF AUTHORITY FOR JOINT TASK FORCES TO 

PROVIDE SUPPORT TO LAW ENFORCEMENT AGENCIES 

CONDUCTING COUNTER-TERRORISM ACTIVITIES. 

Section 1022(b) of the National Defense Authorization Act for 

Fiscal Year 2004 (Public Law 108–136; 117 Stat. 1594; 10 U.S.C. 

371 note) is amended by striking ‘‘2012’’ and inserting ‘‘2013’’. 

SEC. 1012. REQUIREMENT FOR BIENNIAL CERTIFICATION ON PROVISION OF SUPPORT FOR COUNTER-DRUG ACTIVITIES TO 

CERTAIN FOREIGN GOVERNMENTS. 

Section 1033 of the National Defense Authorization Act for 

Fiscal Year 1998 (Public Law 105–85; 111 Stat. 1881), as most 

recently amended by section 1006 of the National Defense 

Authorization Act for Fiscal Year 2012 (Public Law 112–81; 125 

Stat. 1557), is further amended— 

(1) in subsection (f)(1), by striking ‘‘the written certification 

described in subsection (g) for that fiscal year.’’ and inserting 

‘‘a written certification described in subsection (g) applicable 

to that fiscal year. The first such certification with respect 

to any such government may apply only to a period of one 

fiscal year. Subsequent certifications with respect to any such 

government may apply to a period of not to exceed two fiscal 

years.’’; and 

(2) in subsection (g), in the matter preceding paragraph 

(1)— 

(A) by striking ‘‘The written’’ and inserting ‘‘A written’’; 

and 


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126 STAT. 1908 PUBLIC LAW 112–239—JAN. 2, 2013 

(B) by striking ‘‘for a fiscal year’’ and all that follows 

through the colon and inserting ‘‘for a government to 

receive support under this section for any period of time 

is a certification of each of the following with respect to 

that government:’’. 

Subtitle C—Naval Vessels and Shipyards 

SEC. 1013. POLICY RELATING TO MAJOR COMBATANT VESSELS OF 

THE STRIKE FORCES OF THE UNITED STATES NAVY. 

Section 1012(b) of the National Defense Authorization Act for 

Fiscal Year 2008 (Public Law 110–181; 122 Stat. 303), as most 

recently amended by section 1015 of the Duncan Hunter National 

Defense Authorization Act for Fiscal Year 2009 (Public Law 110– 

417; 122 Stat. 4586), is amended by striking ‘‘Secretary of Defense’’ 

and all that follows through the period and inserting the following: 

‘‘Secretary of the Navy notifies the congressional defense committees 

that, as a result of a cost-benefit analysis, it would not be practical 

for the Navy to design the class of ships with an integrated nuclear 

power system.’’. 

SEC. 1014. LIMITATION ON AVAILABILITY OF FUNDS FOR DELAYED 

ANNUAL NAVAL VESSEL CONSTRUCTION PLAN. 

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

is amended— 

(1) by redesignating subsection (e) as subsection (f); and 

(2) by inserting after subsection (d) the following new subsection (e): 

‘‘(e) LIMITATION ON AVAILABILITY OF FUNDS FOR FISCAL YEARS

WITHOUT PLAN AND CERTIFICATION.—(1) If the Secretary of Defense 

does not include with the defense budget materials for a fiscal 

year the plan and certification under subsection (a), the Secretary 

of the Navy may not use more than 50 percent of the funds described 

in paragraph (2) during the fiscal year in which such materials 

are submitted until the date on which such plan and certification 

are submitted to the congressional defense committees. 

‘‘(2) The funds described in this paragraph are funds made 

available to the Secretary of the Navy for operation and maintenance, Navy, for emergencies and extraordinary expenses.’’. 

(b) CONFORMING AMENDMENT.—Section 12304b(i) of title 10, 

United States Code, is amended by striking ‘‘section 231(g)(2)’’ 

and inserting ‘‘section 231(f)(2)’’. 

SEC. 1015. RETIREMENT OF NAVAL VESSELS. 

(a) REPORT REQUIRED.—Not later than 30 days after the date 

of the enactment of this Act, the Chief of Naval Operations shall 

submit to the congressional defense committees a report that sets 

forth a comprehensive description of the current requirements of 

the Navy for combatant vessels of the Navy, including submarines. 

(b) ADDITIONAL REPORT ELEMENT IF LESS THAN 313 VESSELS

REQUIRED.—If the number of combatant vessels for the Navy 

(including submarines) specified as being required in the report 

under subsection (a) is less than 313 combatant vessels, the report 

shall include a justification for the number of vessels specified 

as being so required and the rationale by which the number of 

vessels is considered consistent with applicable strategic guidance 

issued by the President and the Secretary of Defense in 2012. 

Notification. 

10 USC 7291 

note. 


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PUBLIC LAW 112–239—JAN. 2, 2013 126 STAT. 1909 

SEC. 1016. TERMINATION OF A MARITIME PREPOSITIONING SHIP 

SQUADRON. 

(a) REPORT REQUIRED.— 

(1) IN GENERAL.—Not later than 60 days after the date 

of the enactment of this Act, the Chief of Naval Operations 

and the Commandant of the Marine Corps shall jointly submit 

to the congressional defense committees a report setting forth 

an assessment of the Marine Corps Prepositioning Program– 

Norway and the capability of that program to address any 

readiness gaps that will be created by the termination of Maritime Prepositioning Ship Squadron One in the Mediterranean. 

(2) ELEMENTS.—The report required by paragraph (1) shall 

include the following: 

(A) A detailed description of the time required to 

transfer stockpiles onto naval vessels for use in contingency 

operations. 

(B) A comparison of the response time of the Marine 

Corps Prepositioning Program–Norway with the response 

time of Maritime Prepositioning Ship Squadron One. 

(C) A description of the equipment stored in the stockpiles of the Marine Corps Prepositioning Program–Norway, 

the differences (if any) between that equipment and the 

equipment of a Maritime Prepositioning Ship squadron, 

and any increased risk or operational plan impacts associated with using Prepositioning Program–Norway to fulfill 

the Maritime Prepositioning Ship squadron requirements. 

(D) A description and assessment of the current age 

and state of maintenance of the equipment of the Marine 

Corps Maritime Prepositioning Program-Norway. 

(E) A plan to address future requirements, equipment 

shortages, and modernization needs of the Marine Corps 

Maritime Prepositioning Program-Norway. 

(b) LIMITATION ON AVAILABILITY OF FUNDS.—Amounts authorized to be appropriated by this Act may not be obligated or expended 

to terminate a Maritime Prepositioning Ship squadron until the 

date of the submittal to the congressional defense committees of 

the report required by subsection (a). 

SEC. 1017. SENSE OF CONGRESS ON RECAPITALIZATION FOR THE NAVY 

AND COAST GUARD. 

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

(1) More than 70 percent of the world’s surface is comprised 

of navigable oceans. 

(2) More than 80 percent of the population of the world 

lives within 100 miles of an ocean. 

(3) More than 90 percent of the world’s commerce traverses 

an ocean. 

(4) The national security of the United States is inextricably 

linked to the maintenance of global freedom of access for both 

the strategic and commercial interests of the United States. 

(5) To maintain that freedom of access the sea services 

of the United States, composed of the Navy, the Marine Corps, 

and the Coast Guard, must be sufficiently positioned as 

rotationally globally deployable forces with the capability to 

decisively defend United States citizens, homeland, and 

interests abroad from direct or asymmetric attack and must 


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126 STAT. 1910 PUBLIC LAW 112–239—JAN. 2, 2013 

be comprised of sufficient vessels to maintain global freedom 

of action. 

(6) To achieve appropriate capabilities to ensure national 

security, the Government of the United States must continue 

to recapitalize the fleets of the Navy and Coast Guard and 

must continue to conduct vital maintenance and repair of 

existing vessels to ensure such vessels meet service life goals. 

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

(1) the sea services of the United States should be funded 

and maintained to provide the broad spectrum of capabilities 

required to protect the national security of the United States; 

(2) such capabilities should include— 

(A) the ability to project United States power rapidly 

anywhere on the globe without the need for host nation 

basing permission or long and potentially vulnerable logistics supply lines; 

(B) the ability to land and recover maritime forces 

from the sea for direct combat action, to evacuate United 

States citizens from hostile situations, and to provide 

humanitarian assistance where needed; 

(C) the ability to operate from the subsurface with 

overpowering conventional combat power, as well as strategic deterrence; and 

(D) the ability to operate in collaboration with United 

States maritime partners in the common interest of preventing piracy at sea and maintaining the commercial sea 

lanes available for global commerce; 

(3) the Secretary of Defense, in coordination with the Secretary of the Navy, should maintain the recapitalization plans 

for the Navy as a priority in all future force structure decisions; 

and 

(4) the Secretary of Homeland Security should maintain 

the recapitalization plans for the Coast Guard as a priority 

in all future force structure decisions. 

SEC. 1018. NOTICE TO CONGRESS FOR THE REVIEW OF PROPOSALS 

TO NAME NAVAL VESSELS. 

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

(1) The Navy traces its ancestry to October 13, 1775, when 

an Act of the Continental Congress authorized the first vessel 

of a navy for the United Colonies. Vessels of the Continental 

Navy were named for early patriots and military heroes, Federal institutions, colonial cities, and positive character traits 

representative of naval and military virtues. 

(2) An Act of Congress on March 3, 1819, made the Secretary of the Navy responsible for assigning names to vessels 

of the Navy. Traditional sources for vessel names customarily 

encompassed such categories as geographic locations in the 

United States; historic sites, battles, and ships; naval and military heroes and leaders; and noted individuals who made distinguished contributions to United States national security. 

(3) These customs and traditions provide appropriate and 

necessary standards for the naming of vessels of the Navy. 

(b) NOTICE TO CONGRESS.—Section 7292 of title 10, United 

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

subsection: 

10 USC 7292 

note. 


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PUBLIC LAW 112–239—JAN. 2, 2013 126 STAT. 1911 

‘‘(d)(1) The Secretary of the Navy may not announce or implement any proposal to name a vessel of the Navy until 30 days 

after the date on which the Secretary submits to the Committees 

on Armed Services of the Senate and the House of Representatives 

a report setting forth such proposal. 

‘‘(2) Each report under this subsection shall describe the justification for the proposal covered by such report in accordance 

with the standards referred to in section 1024(a) of the National 

Defense Authorization Act for Fiscal Year 2013.’’. 

(c) EFFECTIVE DATE.—This section and the amendment made 

by this section shall go into effect on the date that is 30 days 

after the date of the enactment of this Act. 

Subtitle D—Counterterrorism 

SEC. 1021. EXTENSION OF AUTHORITY TO MAKE REWARDS FOR COMBATING TERRORISM. 

(a) EXTENSION.—Section 127b(c)(3)(C) of title 10, United States 

Code, is amended by striking ‘‘September 30, 2013’’ and inserting 

‘‘September 30, 2014’’. 

(b) REPORT TO CONGRESS.—Not later than 180 days after the 

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

submit to the congressional defense committees a report that outlines the future requirements and authorities to make rewards 

for combating terrorism. The report shall include— 

(1) an analysis of future requirements under section 127b 

of title 10, United States Code; 

(2) a detailed description of requirements for rewards in 

support of operations with allied forces; and 

(3) an overview of geographic combatant commander 

requirements through September 30, 2014. 

SEC. 1022. PROHIBITION ON USE OF FUNDS TO CONSTRUCT OR MODIFY 

FACILITIES IN THE UNITED STATES TO HOUSE 

DETAINEES TRANSFERRED FROM UNITED STATES NAVAL 

STATION, GUANTANAMO BAY, CUBA. 

(a) IN GENERAL.—No amounts authorized to be appropriated 

or otherwise made available to the Department of Defense for 

fiscal year 2013 may be used to construct or modify any facility 

in the United States, its territories, or possessions to house any 

individual detained at Guantanamo for the purposes of detention 

or imprisonment in the custody or under the control of the Department of Defense unless authorized by Congress. 

(b) EXCEPTION.—The prohibition in subsection (a) shall not 

apply to any modification of facilities at United States Naval Station, Guantanamo Bay, Cuba. 

(c) INDIVIDUAL DETAINED AT GUANTANAMO DEFINED.—In this 

section, the term ‘‘individual detained at Guantanamo’’ has the 

meaning given that term in section 1028(f)(2). 

SEC. 1023. REPORT ON RECIDIVISM OF INDIVIDUALS DETAINED AT 

UNITED STATES NAVAL STATION, GUANTANAMO BAY, 

CUBA, WHO HAVE BEEN TRANSFERRED TO FOREIGN 

COUNTRIES. 

(a) REPORT REQUIRED.—Not later than 60 days after the date 

of the enactment of this Act, and annually thereafter for five years, 

the Director of the Defense Intelligence Agency, in consultation 

10 USC 7292 

note. 

Time period. 

Reports. 


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126 STAT. 1912 PUBLIC LAW 112–239—JAN. 2, 2013 

with the head of each element of the intelligence community that 

the Director considers appropriate, shall submit to the covered 

congressional committees a report assessing the factors that cause 

or contribute to the recidivism of individuals detained at Guantanamo who are transferred or released to a foreign country. Such 

report shall include— 

(1) a discussion of trends, by country and region, where 

recidivism has occurred; and 

(2) an assessment of the implementation by foreign countries of the international arrangements relating to the transfer 

or release of individuals detained at Guantanamo reached 

between the United States and each foreign country to which 

an individual detained at Guantanamo has been transferred 

or released. 

(b) FORM.—The report required under subsection (a) may be 

submitted in classified form. 

(c) DEFINITIONS.—In this section: 

(1) The term ‘‘covered congressional committees’’ means— 

(A) the Committee on Armed Services, the Committee 

on Foreign Affairs, and the Permanent Select Committee 

on Intelligence of the House of Representatives; and 

(B) the Committee on Armed Services, the Committee 

on Foreign Relations, and the Select Committee on Intelligence of the Senate. 

(2) The term ‘‘individual detained at Guantanamo’’ means 

any individual who is or was located at United States Naval 

Station, Guantanamo Bay, Cuba, who— 

(A) is not a citizen of the United States or a member 

of the Armed Forces of the United States; and 

(B) on or after January 1, 2002, was— 

(i) in the custody or under the control of the 

Department of Defense; or 

(ii) otherwise under detention at United States 

Naval Station, Guantanamo Bay, Cuba. 

SEC. 1024. NOTICE AND REPORT ON USE OF NAVAL VESSELS FOR 

DETENTION OF INDIVIDUALS CAPTURED OUTSIDE 

AFGHANISTAN PURSUANT TO THE AUTHORIZATION FOR 

USE OF MILITARY FORCE. 

(a) NOTICE TO CONGRESS.—Not later than 30 days after first 

detaining an individual pursuant to the Authorization for Use of 

Military Force (Public Law 107–40; 50 U.S.C. 1541 note) on a 

naval vessel outside the United States, the Secretary of Defense 

shall submit to the Committees on Armed Services of the Senate 

and House of Representatives notice of the detention. In the case 

of such an individual who is transferred or released before the 

submittal of the notice of the individual’s detention, the Secretary 

shall also submit to such Committees notice of the transfer or 

release. 

(b) REPORT.— 

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

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

submit to the Committees on Armed Services of the Senate 

and House of Representatives a report on the use of naval 

vessels for the detention outside the United States of any 

individual who is detained pursuant to the Authorization for 

10 USC 801 note. 


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PUBLIC LAW 112–239—JAN. 2, 2013 126 STAT. 1913 

Use of Military Force (Public Law 107–40; 50 U.S.C. 1541 

note). Such report shall include— 

(A) procedures and any limitations on detaining such 

individuals at sea on board United States naval vessels; 

(B) an assessment of any force protection issues associated with detaining such individuals on such vessels; 

(C) an assessment of the likely effect of such detentions 

on the original mission of such naval vessels; and 

(D) any restrictions on long-term detention of individuals on United States naval vessels. 

(2) FORM OF REPORT.—The report required under paragraph 

(1) may be submitted in classified form. 

SEC. 1025. NOTICE REQUIRED PRIOR TO TRANSFER OF CERTAIN 

INDIVIDUALS DETAINED AT THE DETENTION FACILITY AT 

PARWAN, AFGHANISTAN. 

(a) NOTICE REQUIRED.—The Secretary of Defense shall submit 

to the appropriate congressional committees notice in writing of 

the proposed transfer of any individual detained pursuant to the 

Authorization for Use of Military Force (Public Law 107–40; 50 

U.S.C. 1541 note) who is a national of a country other than the 

United States or Afghanistan from detention at the Detention 

Facility at Parwan, Afghanistan, to the custody of the Government 

of Afghanistan or of any other country. Such notice shall be provided 

not later than 10 days before such a transfer may take place. 

(b) ASSESSMENTS REQUIRED.—Prior to any transfer referred 

to under subsection (a), the Secretary shall ensure that an assessment is conducted as follows: 

(1) In the case of the proposed transfer of such an individual 

by reason of the individual being released, an assessment of 

the threat posed by the individual and the security environment 

of the country to which the individual is to be transferred. 

(2) In the case of the proposed transfer of such an individual 

to a country other than Afghanistan for the purpose of the 

prosecution of the individual, an assessment regarding the 

capacity, willingness, and historical track record of the country 

with respect to prosecuting similar cases, including a review 

of the primary evidence against the individual to be transferred 

and any significant admissibility issues regarding such evidence 

that are expected to arise in connection with the prosecution 

of the individual. 

(3) In the case of the proposed transfer of such an individual 

for reintegration or rehabilitation in a country other than 

Afghanistan, an assessment regarding the capacity, willingness, 

and historical track records of the country for reintegrating 

or rehabilitating similar individuals. 

(4) In the case of the proposed transfer of such an individual 

to the custody of the Government of Afghanistan for prosecution 

or detention, an assessment regarding the capacity, willingness, 

and historical track record of Afghanistan to prosecute or detain 

long-term such individuals. 

(c) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In 

this section, the term ‘‘appropriate congressional committees’’ means 

the Committee on Armed Services and the Committee on Foreign 

Affairs of the House of Representatives and the Committee on 

Armed Services and the Committee on Foreign Relations of the 

Senate. 

Deadline. 

10 USC 801 note. 


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126 STAT. 1914 PUBLIC LAW 112–239—JAN. 2, 2013 

SEC. 1026. REPORT ON RECIDIVISM OF INDIVIDUALS FORMERLY 

DETAINED AT THE DETENTION FACILITY AT PARWAN, 

AFGHANISTAN. 

(a) REPORT.—Not later than 120 days after the date of the 

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

the relevant congressional committees a report on the estimated 

recidivism rates and the factors that appear to contribute to the 

recidivism of individuals formerly detained at the Detention Facility 

at Parwan, Afghanistan, who were transferred or released, including 

the estimated total number of individuals who have been recaptured 

on one or more occasion. 

(b) FORM.—The report required under subsection (a) may be 

submitted in classified form. 

(c) RELEVANT CONGRESSIONAL COMMITTEES DEFINED.—In this 

section, the term ‘‘relevant congressional committees’’ means— 

(1) the Committee on Armed Services and the Committee 

on Foreign Relations of the Senate; and 

(2) the Committee on Armed Services and the Committee 

on Foreign Affairs of the House of Representatives. 

SEC. 1027. PROHIBITION ON THE USE OF FUNDS FOR THE TRANSFER 

OR RELEASE OF INDIVIDUALS DETAINED AT UNITED 

STATES NAVAL STATION, GUANTANAMO BAY, CUBA. 

None of the funds authorized to be appropriated by this Act 

for fiscal year 2013 may be used to transfer, release, or assist 

in the transfer or release to or within the United States, its territories, or possessions of Khalid Sheikh Mohammed or any other 

detainee who— 

(1) is not a United States citizen or a member of the 

Armed Forces of the United States; and 

(2) is or was held on or after January 20, 2009, at United 

States Naval Station, Guantanamo Bay, Cuba, by the Department of Defense. 

SEC. 1028. REQUIREMENTS FOR CERTIFICATIONS RELATING TO THE 

TRANSFER OF DETAINEES AT UNITED STATES NAVAL STATION, GUANTANAMO BAY, CUBA, TO FOREIGN COUNTRIES 

AND OTHER FOREIGN ENTITIES. 

(a) CERTIFICATION REQUIRED PRIOR TO TRANSFER.— 

(1) IN GENERAL.—Except as provided in paragraph (2) and 

subsection (d), the Secretary of Defense may not use any 

amounts authorized to be appropriated or otherwise available 

to the Department of Defense for fiscal year 2013 to transfer 

any individual detained at Guantanamo to the custody or control of the individual’s country of origin, any other foreign 

country, or any other foreign entity unless the Secretary submits to Congress the certification described in subsection (b) 

not later than 30 days before the transfer of the individual. 

(2) EXCEPTION.—Paragraph (1) shall not apply to any action 

taken by the Secretary to transfer any individual detained 

at Guantanamo to effectuate an order affecting the disposition 

of the individual that is issued by a court or competent tribunal 

of the United States having lawful jurisdiction (which the Secretary shall notify Congress of promptly after issuance). 

(b) CERTIFICATION.—A certification described in this subsection 

is a written certification made by the Secretary of Defense, with 

Consultation. 

Notification. 

Deadline. 

10 USC 801 note. 

Khalid Sheikh 

Mohammed. 


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PUBLIC LAW 112–239—JAN. 2, 2013 126 STAT. 1915 

the concurrence of the Secretary of State and in consultation with 

the Director of National Intelligence, that— 

(1) the government of the foreign country or the recognized 

leadership of the foreign entity to which the individual detained 

at Guantanamo is to be transferred— 

(A) is not a designated state sponsor of terrorism or 

a designated foreign terrorist organization; 

(B) maintains control over each detention facility in 

which the individual is to be detained if the individual 

is to be housed in a detention facility; 

(C) is not, as of the date of the certification, facing 

a threat that is likely to substantially affect its ability 

to exercise control over the individual; 

(D) has taken or agreed to take effective actions to 

ensure that the individual cannot take action to threaten 

the United States, its citizens, or its allies in the future; 

(E) has taken or agreed to take such actions as the 

Secretary of Defense determines are necessary to ensure 

that the individual cannot engage or reengage in any terrorist activity; and 

(F) has agreed to share with the United States any 

information that— 

(i) is related to the individual or any associates 

of the individual; and 

(ii) could affect the security of the United States, 

its citizens, or its allies; and 

(2) includes an assessment, in classified or unclassified 

form, of the capacity, willingness, and past practices (if 

applicable) of the foreign country or entity in relation to the 

Secretary’s certifications. 

(c) PROHIBITION IN CASES OF PRIOR CONFIRMED RECIDIVISM.— 

(1) PROHIBITION.—Except as provided in paragraph (2) and 

subsection (d), the Secretary of Defense may not use any 

amounts authorized to be appropriated or otherwise made available to the Department of Defense to transfer any individual 

detained at Guantanamo to the custody or control of the individual’s country of origin, any other foreign country, or any other 

foreign entity if there is a confirmed case of any individual 

who was detained at United States Naval Station, Guantanamo 

Bay, Cuba, at any time after September 11, 2001, who was 

transferred to such foreign country or entity and subsequently 

engaged in any terrorist activity. 

(2) EXCEPTION.—Paragraph (1) shall not apply to any action 

taken by the Secretary to transfer any individual detained 

at Guantanamo to effectuate an order affecting the disposition 

of the individual that is issued by a court or competent tribunal 

of the United States having lawful jurisdiction (which the Secretary shall notify Congress of promptly after issuance). 

(d) NATIONAL SECURITY WAIVER.— 

(1) IN GENERAL.—The Secretary of Defense may waive the 

applicability to a detainee transfer of a certification requirement 

specified in subparagraph (D) or (E) of subsection (b)(1) or 

the prohibition in subsection (c), if the Secretary certifies the 

rest of the criteria required by subsection (b) for transfers 

prohibited by (c) and, with the concurrence of the Secretary 

of State and in consultation with the Director of National 

Intelligence, determines that— 

Consultation. 

Determination. 

Notification. 

Assessment. 


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126 STAT. 1916 PUBLIC LAW 112–239—JAN. 2, 2013 

(A) alternative actions will be taken to address the 

underlying purpose of the requirement or requirements 

to be waived; 

(B) in the case of a waiver of subparagraph (D) or 

(E) of subsection (b)(1), it is not possible to certify that 

the risks addressed in the paragraph to be waived have 

been completely eliminated, but the actions to be taken 

under subparagraph (A) will substantially mitigate such 

risks with regard to the individual to be transferred; 

(C) in the case of a waiver of subsection (c), the Secretary has considered any confirmed case in which an 

individual who was transferred to the country subsequently 

engaged in terrorist activity, and the actions to be taken 

under subparagraph (A) will substantially mitigate the risk 

of recidivism with regard to the individual to be transferred; and 

(D) the transfer is in the national security interests 

of the United States. 

(2) REPORTS.—Whenever the Secretary makes a determination under paragraph (1), the Secretary shall submit to the 

appropriate committees of Congress, not later than 30 days 

before the transfer of the individual concerned, the following: 

(A) A copy of the determination and the waiver concerned. 

(B) A statement of the basis for the determination, 

including— 

(i) an explanation why the transfer is in the 

national security interests of the United States; 

(ii) in the case of a waiver of paragraph (D) or 

(E) of subsection (b)(1), an explanation why it is not 

possible to certify that the risks addressed in the paragraph to be waived have been completely eliminated; 

and 

(iii) a classified summary of— 

(I) the individual’s record of cooperation while 

in the custody of or under the effective control 

of the Department of Defense; and 

(II) the agreements and mechanisms in place 

to provide for continuing cooperation. 

(C) A summary of the alternative actions to be taken 

to address the underlying purpose of, and to mitigate the 

risks addressed in, the paragraph or subsection to be 

waived. 

(D) The assessment required by subsection (b)(2). 

(e) RECORD OF COOPERATION.—In assessing the risk that an 

individual detained at Guantanamo will engage in terrorist activity 

or other actions that could affect the security of the United States 

if released for the purpose of making a certification under subsection 

(b) or a waiver under subsection (d), the Secretary of Defense 

may give favorable consideration to any such individual— 

(1) who has substantially cooperated with United States 

intelligence and law enforcement authorities, pursuant to a 

pre-trial agreement, while in the custody of or under the effective control of the Department of Defense; and 

(2) for whom agreements and effective mechanisms are 

in place, to the extent relevant and necessary, to provide for 


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PUBLIC LAW 112–239—JAN. 2, 2013 126 STAT. 1917 

continued cooperation with United States intelligence and law 

enforcement authorities. 

(f) DEFINITIONS.—In this section: 

(1) The term ‘‘appropriate committees of Congress’’ means— 

(A) the Committee on Armed Services, the Committee 

on Appropriations, and the Select Committee on Intelligence of the Senate; and 

(B) the Committee on Armed Services, the Committee 

on Appropriations, and the Permanent Select Committee 

on Intelligence of the House of Representatives. 

(2) The term ‘‘individual detained at Guantanamo’’ means 

any individual located at United States Naval Station, Guantanamo Bay, Cuba, as of October 1, 2009, who— 

(A) is not a citizen of the United States or a member 

of the Armed Forces of the United States; and 

(B) is— 

(i) in the custody or under the control of the 

Department of Defense; or 

(ii) otherwise under detention at United States 

Naval Station, Guantanamo Bay, Cuba. 

(3) The term ‘‘foreign terrorist organization’’ means any 

organization so designated by the Secretary of State under 

section 219 of the Immigration and Nationality Act (8 U.S.C. 

1189). 

SEC. 1029. RIGHTS UNAFFECTED. 

Nothing in the Authorization for Use of Military Force (Public 

Law 107–40; 50 U.S.C. 1541 note) or the National Defense 

Authorization Act for Fiscal Year 2012 (Public Law 112–81) shall 

be construed to deny the availability of the writ of habeas corpus 

or to deny any Constitutional rights in a court ordained or established by or under Article III of the Constitution to any person 

inside the United States who would be entitled to the availability 

of such writ or to such rights in the absence of such laws. 

Subtitle E—Nuclear Forces 

SEC. 1031. NUCLEAR WEAPONS EMPLOYMENT STRATEGY OF THE 

UNITED STATES. 

(a) REPORTS ON STRATEGY.—Section 491 of title 10, United 

States Code, is— 

(1) transferred to chapter 24 of such title, as added by 

subsection (b)(1); and 

(2) amended— 

(A) in the heading, by inserting ‘‘weapons’’ after 

‘‘Nuclear’’; 

(B) by striking ‘‘nuclear employment strategy’’ each 

place it appears and inserting ‘‘nuclear weapons employment strategy’’; 

(C) in paragraph (1)— 

(i) by inserting ‘‘the’’ after ‘‘modifications to’’; and 

(ii) by inserting ‘‘, plans, and options’’ after 

‘‘employment strategy’’; 

(D) by inserting after paragraph (3) the following new 

paragraph: 

10 USC 801 note. 


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126 STAT. 1918 PUBLIC LAW 112–239—JAN. 2, 2013 

‘‘(4) The extent to which such modifications include an 

increased reliance on conventional or non-nuclear global strike 

capabilities or missile defenses of the United States.’’; 

(E) by striking ‘‘On the date’’ and inserting ‘‘(a) 

REPORTS.—On the date’’; and 

(F) by adding at the end the following new subsections: 

‘‘(b) ANNUAL BRIEFINGS.—Not later than March 15 of each 

year, the Secretary of Defense shall provide to the congressional 

defense committees a briefing regarding the nuclear weapons 

employment strategy, plans, and options of the United States. 

‘‘(c) NOTIFICATION OF ANOMALIES.—(1) The Secretary of Defense 

shall submit to the congressional defense committees written 

notification of an anomaly in the nuclear command, control, and 

communications system of the United States that is reported to 

the Secretary of Defense or the Nuclear Weapons Council by not 

later than 14 days after the date on which the Secretary or the 

Council learns of such anomaly, as the case may be. 

‘‘(2) In this subsection, the term ‘anomaly’ means any 

unplanned, irregular, or abnormal event, whether unexplained or 

caused intentionally or unintentionally by a person or a system.’’. 

(b) CLERICAL AND CONFORMING AMENDMENTS.— 

(1) CHAPTER 24.—Part I of subtitle A of title 10, United 

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

new chapter: 

‘‘CHAPTER 24—NUCLEAR POSTURE 

‘‘Sec. 

‘‘491. Nuclear weapons employment strategy of the United States: reports on modification of strategy.’’. 

(2) TABLE OF CHAPTERS.—The table of chapters at the 

beginning of subtitle A of title 10, United States Code, and 

at the beginning of part I of such subtitle, are each amended 

by inserting after the item relating to chapter 23 the following 

new item: 

‘‘24. Nuclear posture ........................................................................................... 491’’. 

(3) TRANSFER OF PROVISIONS.— 

(A) CHAPTER 23.—Chapter 23 of title 10, United States 

Code, is amended as follows: 

(i) Section 490a is— 

(I) transferred to chapter 24 of such title, as 

added by paragraph (1); 

(II) inserted after section 491 of such title, 

as added to such chapter 24 by subsection (a)(1); 

and 

(III) redesignated as section 492. 

(ii) The table of sections at the beginning of such 

chapter 23 is amended by striking the items relating 

to sections 490a and 491. 

(B) FY12 NDAA.—Section 1077 of the National Defense 

Authorization Act for Fiscal Year 2012 (Public Law 112– 

81; 50 U.S.C. 2514) is— 

(i) transferred to chapter 24 of title 10, United 

States Code, as added by paragraph (1); 

(ii) inserted after section 492 of such title, as added 

by subparagraph (A)(i); 

(iii) redesignated as section 493; and 

10 USC 

prec. 480. 

10 USC 

prec. 101. 

10 USC 

prec. 491. 


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PUBLIC LAW 112–239—JAN. 2, 2013 126 STAT. 1919 

(iv) amended by striking ‘‘the date of the enactment of this Act’’ and inserting ‘‘December 31, 2011,’’. 

(III) by striking ‘‘the date of the enactment 

of this Act’’ and inserting ‘‘December 31, 2011,’’. 

(C) CLERICAL AMENDMENTS.— (i) TABLE OF SECTIONS.—The table of sections at 

the beginning of chapter 24 of title 10, United States 

Code, as added by paragraph (1), is amended by 

inserting after the item relating to section 491 the 

following new items: 

‘‘492. Biennial assessment and report on the delivery platforms for nuclear weapons 

and the nuclear command and control system. ‘‘493. Reports to Congress on the modification of the force structure for the strategic 

nuclear weapons delivery systems of the United States.’’. 

(ii) SECTION HEADING TYPEFACE AND TYPESTYLE.— 

Section 493 of title 10, United States Code, as added 

by subparagraph (B), is amended— 

(I) in the enumerator, by striking ‘‘SEC.’’ and 

inserting ‘‘§’’; and 

(II) in the section heading— 

(aa) by striking the period at the end; 

and 

(bb) by conforming the typeface and 

typestyle, including capitalization, to the typeface and typestyle as used in the section 

heading of section 491 of such title. 

(4) CONFORMING AMENDMENT.—Section 1031(b) of the 

National Defense Authorization Act for Fiscal Year 2012 (Public 

Law 112–81; 125 Stat. 1574) is amended by striking ‘‘section 

490a of title 10, United States Code, as added by subsection 

(a),’’ and inserting ‘‘section 492 of title 10, United States Code,’’. 

SEC. 1032. PROGRESS OF MODERNIZATION. 

(a) NUCLEAR EMPLOYMENT STRATEGY.—Subsection (a) of section 

491 of title 10, United States Code, as amended by section 1031, 

is amended by striking ‘‘On the date on which the President issues’’ 

and inserting ‘‘By not later than 60 days before the date on which 

the President implements’’. 

(b) REPORTS REQUIRED.—Such section 491 is further amended 

by adding at the end the following: 

‘‘(d) REPORTS ON 2010 NUCLEAR POSTURE REVIEW IMPLEMENTATION STUDY DECISIONS.—During each of fiscal years 2012 through 

2021, not later than 60 days before the date on which the President 

carries out the results of the decisions made pursuant to the 2010 

Nuclear Posture Review Implementation Study that would alter 

the nuclear weapons employment strategy, guidance, plans, or 

options of the United States, the President shall— 

‘‘(1) ensure that the annual report required under section 

1043(a)(1) of the National Defense Authorization Act for Fiscal 

Year 2012 (Public Law 112–81; 125 Stat. 1576) is transmitted 

to Congress, if so required; 

‘‘(2) ensure that the report required under section 

494(a)(2)(A) of this title is transmitted to Congress, if so 

required under such section; and 

‘‘(3) transmit to the congressional defense committees a 

report providing the high-, medium-, and low- confidence assessments of the intelligence community (as defined in section 

President. 

Deadline. 

President. 

10 USC 490a 

note. 

10 USC 

prec. 491. 


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126 STAT. 1920 PUBLIC LAW 112–239—JAN. 2, 2013 

3(4) of the National Security Act of 1947 (50 U.S.C. 401a(4))) 

as to whether the United States will have significant warning 

of a strategic surprise or breakout caused by foreign nuclear 

weapons developments.’’. 

SEC. 1033. REPORT IN THE EVENT OF INSUFFICIENT FUNDING FOR 

MODERNIZATION OF NUCLEAR WEAPONS STOCKPILE. 

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

(1) consistent with Condition 9 of the Resolution of Advice 

and Consent to Ratification of the New START Treaty of the 

Senate, agreed to on December 22, 2010, the United States 

is committed to ensuring the safety, security, reliability, and 

credibility of its nuclear forces; and 

(2) the United States is committed to— 

(A) proceeding with a robust stockpile stewardship program and maintaining and modernizing nuclear weapons 

production capabilities and capacities of the United States 

to ensure the safety, security, reliability, and credibility 

of the nuclear arsenal of the United States at the New 

START Treaty levels and meeting requirements for hedging 

against possible international developments or technical 

problems; 

(B) reinvigorating and sustaining the nuclear security 

laboratories of the United States and preserving the core 

nuclear weapons competencies therein; and 

(C) providing the resources needed to achieve these 

objectives, using as a starting point the levels set forth 

in the President’s 10-year plan provided to Congress in 

November 2010 pursuant to section 1251 of the National 

Defense Authorization Act for Fiscal Year 2010 (Public 

Law 111–84; 123 Stat. 2549). 

(b) INSUFFICIENT FUNDING REPORT.— 

(1) IN GENERAL.—Section 1045 of the National Defense 

Authorization Act for Fiscal Year 2012 (Public Law 112–81; 

50 U.S.C. 2523b) is— 

(A) transferred to chapter 24 of title 10, United States 

Code, as added by section 1031(b); 

(B) inserted after section 493 of such title, as added 

to such chapter 24 by such section 1031(b); 

(C) redesignated as section 494; and 

(D) amended by amending paragraph (2) of subsection 

(a) to read as follows: 

‘‘(2) INSUFFICIENT FUNDING.— 

‘‘(A) REPORT.—During each year in which the New 

START Treaty is in force, if the President determines that 

an appropriations Act is enacted that fails to meet the 

resource levels set forth in the November 2010 update 

to the plan referred to in section 1251 of the National 

Defense Authorization Act for Fiscal Year 2010 (Public 

Law 111–84; 123 Stat. 2549) or if at any time determines 

that more resources are required to carry out such plan 

than were estimated, the President shall transmit to the 

appropriate congressional committees, within 60 days of 

making such a determination, a report detailing— 

‘‘(i) a plan to address the resource shortfall; 

‘‘(ii) if more resources are required to carry out 

the plan than were estimated— 

President. 

Determination. 


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PUBLIC LAW 112–239—JAN. 2, 2013 126 STAT. 1921 

‘‘(I) the proposed level of funding required; 

and 

‘‘(II) an identification of the stockpile work, 

campaign, facility, site, asset, program, operation, 

activity, construction, or project for which additional funds are required; 

‘‘(iii) any effects caused by the shortfall on the 

safety, security, reliability, or credibility of the nuclear 

forces of the United States; 

‘‘(iv) whether and why, in light of the shortfall, 

remaining a party to the New START Treaty is still 

in the national interest of the United States; and 

‘‘(v) a detailed explanation of why the modernization timelines established in the 2010 Nuclear Posture 

Review are no longer applicable. 

‘‘(B) PRIOR NOTIFICATION.—If the President transmits 

a report under subparagraph (A), the President shall notify 

the appropriate congressional committees of any determination by the President to reduce the number of deployed 

nuclear warheads of the United States by not later than 

60 days before taking any action to carry out such reduction. 

‘‘(C) EXCEPTION.—The limitation in subparagraph (B) 

shall not apply to— 

‘‘(i) reductions made to ensure the safety, security, 

reliability, and credibility of the nuclear weapons stockpile and strategic delivery systems, including activities 

related to surveillance, assessment, certification, 

testing, and maintenance of nuclear warheads and 

strategic delivery systems; or 

‘‘(ii) nuclear warheads that are retired or awaiting 

dismantlement on the date of the report under 

subparagraph (A). 

‘‘(D) DEFINITIONS.—In this paragraph: 

‘‘(i) The term ‘appropriate congressional committees’ means— 

‘‘(I) the congressional defense committees; and 

‘‘(II) the Committee on Foreign Relations of 

the Senate and the Committee on Foreign Affairs 

of the House of Representatives. 

‘‘(ii) The term ‘New START Treaty’ means the 

Treaty between the United States of America and the 

Russian Federation on Measures for the Further 

Reduction and Limitation of Strategic Offensive Arms, 

signed on April 8, 2010, and entered into force on 

February 5, 2011.’’. 

(2) CLERICAL AMENDMENTS.— 

(A) TABLE OF CONTENTS.—The table of sections at the 

beginning of chapter 24 of title 10, United States Code, 

as added by section 1031(b), is amended by inserting after 

the item relating to section 493 the following new item: 

‘‘494. Nuclear force reductions.’’. 

(B) SECTION HEADING TYPEFACE AND TYPESTYLE.—Section 494 of title 10, United States Code, as added by 

paragraph (1), is amended— 

10 USC 

prec. 491. 


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126 STAT. 1922 PUBLIC LAW 112–239—JAN. 2, 2013 

(i) in the enumerator, by striking ‘‘SEC.’’ and 

inserting ‘‘§’’; and 

(ii) in the section heading— 

(I) by striking the period at the end; and 

(II) by conforming the typeface and typestyle, 

including capitalization, to the typeface and 

typestyle as used in the section heading of section 

491 of such title. 

(4) EFFECTIVE DATE.—The amendment made by paragraph 

(1)(D) shall take effect on October 1, 2012. 

SEC. 1034. PREVENTION OF ASYMMETRY OF NUCLEAR WEAPON STOCKPILE REDUCTIONS. 

Section 494 of title 10, United States Code, as added by section 

1033(b)(1), is amended by adding at the end the following new 

subsection: 

‘‘(d) PREVENTION OF ASYMMETRY IN REDUCTIONS.— 

‘‘(1) CERTIFICATION.—During any year in which the President recommends to reduce the number of nuclear weapons 

in the active and inactive stockpiles of the United States by 

a number that is greater than a de minimis reduction, the 

President shall certify in writing to the congressional defense 

committees whether such reductions will cause the number 

of nuclear weapons in such stockpiles to be fewer than the 

high-confidence assessment of the intelligence community (as 

defined in section 3(4) of the National Security Act of 1947 

(50 U.S.C. 401a(4))) with respect to the number of nuclear 

weapons in the active and inactive stockpiles of the Russian 

Federation. 

‘‘(2) NOTIFICATION.—If the President certifies under paragraph (1) that the recommended number of nuclear weapons 

in the active and inactive stockpiles of the United States is 

fewer than the high-confidence assessment of the intelligence 

community with respect to the number of nuclear weapons 

in the active and inactive stockpiles of the Russian Federation, 

the President shall transmit to the congressional defense 

committees a report by the Commander of the United States 

Strategic Command, without change, detailing whether the recommended reduction would create a strategic imbalance or 

degrade deterrence and extended deterrence between the total 

number of nuclear weapons of the United States and the total 

number of nuclear weapons of the Russian Federation. The 

President shall transmit such report by not later than 60 days 

before the date on which the President carries out any such 

recommended reductions. 

‘‘(3) EXCEPTION.—The notification in paragraph (2) shall 

not apply to— 

‘‘(A) reductions made to ensure the safety, security, 

reliability, and credibility of the nuclear weapons stockpile 

and strategic delivery systems, including activities related 

to surveillance, assessment, certification, testing, and 

maintenance of nuclear warheads and strategic delivery 

systems; or 

‘‘(B) nuclear warheads that are retired or awaiting 

dismantlement on the date of the certification under paragraph (1). 

Deadline. 

Reports. 

President. 

10 USC 494 note. 


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PUBLIC LAW 112–239—JAN. 2, 2013 126 STAT. 1923 

‘‘(4) ADDITIONAL VIEWS.—On the date on which the President transmits to the congressional defense committees a report 

by the Commander of the United States Strategic Command 

under paragraph (2), the President may transmit to such 

committees a report by the President with respect to whether 

the recommended reductions covered by the report of the Commander will impact the deterrence or extended deterrence 

capabilities of the United States.’’. 

SEC. 1035. STRATEGIC DELIVERY SYSTEMS. 

(a) IN GENERAL.—Chapter 24 of title 10, United States Code, 

as added by section 1031(b), is amended by inserting after section 

494, as added by section 1033(b)(1), the following new section: 

‘‘§ 495. Strategic delivery systems 

‘‘(a) ANNUAL CERTIFICATION.—Beginning in fiscal year 2013, 

the President shall annually certify in writing to the congressional 

defense committees whether plans to modernize or replace strategic 

delivery systems are fully funded at levels equal to or more than 

the levels set forth in the November 2010 update to the plan 

referred to in section 1251 of the National Defense Authorization 

Act for Fiscal Year 2010 (Public Law 111–84; 123 Stat. 2549), 

including plans regarding— 

‘‘(1) a heavy bomber and air-launched cruise missile; 

‘‘(2) an intercontinental ballistic missile; 

‘‘(3) a submarine-launched ballistic missile; 

‘‘(4) a ballistic missile submarine; and 

‘‘(5) maintaining the nuclear command and control system 

(as first reported under section 1043 of the National Defense 

Authorization Act for Fiscal Year 2012 (Public Law 112–81; 

125 Stat. 1576)). 

‘‘(b) ADDITIONAL REPORT MATTERS FOLLOWING CERTAIN CER- TIFICATIONS.—If in any year before fiscal year 2020 the President 

certifies under subsection (a) that plans to modernize or replace 

strategic delivery systems are not fully funded, the President shall 

include in the next annual report transmitted to Congress under 

section 1043 of the National Defense Authorization Act for Fiscal 

Year 2012 the following: 

‘‘(1) A determination of whether or not the lack of full 

funding will result in a loss of military capability when compared with the November 2010 update to the plan referred 

to in section 1251 of the National Defense Authorization Act 

for Fiscal Year 2010. 

‘‘(2) If the determination under paragraph (1) is that the 

lack of full funding will result in a loss of military capability— 

‘‘(A) a plan to preserve or retain the military capability 

that would otherwise be lost; or 

‘‘(B) a report setting forth— 

‘‘(i) an assessment of the impact of the lack of 

full funding on the strategic delivery systems specified 

in subsection (a); and 

‘‘(ii) a description of the funding required to restore 

or maintain the capability. 

‘‘(3) A certification by the President of whether or not 

the President is committed to accomplishing the modernization 

and replacement of strategic delivery systems and will meet 

the obligations concerning nuclear modernization as set forth 

Assessment. 

Plans. 

Determination. 

Effective date. 

10 USC 495. 

President. 


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126 STAT. 1924 PUBLIC LAW 112–239—JAN. 2, 2013 

in declaration 12 of the Resolution of Advice and Consent 

to Ratification of the New START Treaty. 

‘‘(c) PRIOR NOTIFICATION.—Not later than 60 days before the 

date on which the President carries out any reduction to the number 

of strategic delivery systems, the President shall— 

‘‘(1) make the certification under subsection (a) for the 

fiscal year for which the reductions are proposed to be carried 

out; 

‘‘(2) transmit the additional report matters under subsection (b) for such fiscal year, if such additional report matters 

are so required; and 

‘‘(3) certify to the congressional defense committees that 

the Russian Federation is in compliance with its arms control 

obligations with the United States and is not engaged in activity 

in violation of, or inconsistent with, such obligations. 

‘‘(d) TREATMENT OF CERTAIN REDUCTIONS.—Any certification 

under subsection (a) shall not take into account the following: 

‘‘(1) Reductions made to ensure the safety, security, reliability, and credibility of the nuclear weapons stockpile and 

strategic delivery systems, including activities related to 

surveillance, assessment, certification, testing, and maintenance of nuclear warheads and delivery systems. 

‘‘(2) Strategic delivery systems that are retired or awaiting 

dismantlement on the date of the certification under subsection 

(a). 

‘‘(e) DEFINITIONS.—In this section: 

‘‘(1) The term ‘New START Treaty’ means the Treaty 

between the United States of America and the Russian Federation on Measures for the Further Reduction and Limitation 

of Strategic Offensive Arms, signed on April 8, 2010, and 

entered into force on February 5, 2011. 

‘‘(2) The term ‘strategic delivery system’ means a delivery 

system for nuclear weapons.’’. 

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 24 of such title is amended by inserting after 

the item relating to section 494, as added by section 1033(b)(2), 

the following new item: 

‘‘495. Strategic delivery systems.’’. 

SEC. 1036. CONSIDERATION OF EXPANSION OF NUCLEAR FORCES OF 

OTHER COUNTRIES. 

(a) IN GENERAL.—Chapter 24 of title 10, United States Code, 

as added by section 1031(b), is amended by inserting after section 

495, as added by section 1035(a), the following new section: 

‘‘§ 496. Consideration of expansion of nuclear forces of other 

countries 

‘‘(a) REPORT AND CERTIFICATION.—Not later than 60 days before 

the President recommends any reductions to the nuclear forces 

of the United States— 

‘‘(1) the President shall transmit to the appropriate congressional committees a report detailing, for each country with 

nuclear weapons, the high-, medium-, and low- confidence 

assessment of the intelligence community (as defined in section 

3(4) of the National Security Act of 1947 (50 U.S.C. 401a(4))) 

with respect to— 

President. 

10 USC 496. 

10 USC 

prec. 491. 

Certification. 

Deadline. 


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PUBLIC LAW 112–239—JAN. 2, 2013 126 STAT. 1925 

‘‘(A) the number of each type of nuclear weapons possessed by such country; 

‘‘(B) the modernization plans for such weapons of such 

country; 

‘‘(C) the production capacity of nuclear warheads and 

strategic delivery systems (as defined in section 495(e)(2) 

of this title) of such country; 

‘‘(D) the nuclear doctrine of such country; and 

‘‘(E) the impact of such recommended reductions on 

the deterrence and extended deterrence capabilities of the 

United States; and 

‘‘(2) the Commander of the United States Strategic Command shall certify to the appropriate congressional committees 

whether such recommended reductions in the nuclear forces 

of the United States will— 

‘‘(A) impair the ability of the United States to address— 

‘‘(i) unplanned strategic or geopolitical events; or 

‘‘(ii) technical challenge; or 

‘‘(B) degrade the deterrence or assurance provided by 

the United States to friends and allies of the United States. 

‘‘(b) FORM.—The reports required by subsection (a)(1) shall 

be submitted in unclassified form, but may include a classified 

annex. 

‘‘(c) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In 

this section, the term ‘appropriate congressional committees’ means 

the following: 

‘‘(1) The congressional defense committees. 

‘‘(2) The Committee on Foreign Affairs of the House of 

Representatives and the Committee on Foreign Relations of 

the Senate.’’. 

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by inserting after the item relating 

to section 495, as added by section 1035(b), the following new 

item: 

‘‘496. Consideration of expansion of nuclear forces of other countries.’’. 

SEC. 1037. NONSTRATEGIC NUCLEAR WEAPON REDUCTIONS AND 

EXTENDED DETERRENCE POLICY. 

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

(1) the United States should pursue negotiations with the 

Russian Federation aimed at the reduction of Russian deployed 

and nondeployed nonstrategic nuclear forces; 

(2) nonstrategic nuclear weapons should be considered 

when weighing the balance of the nuclear forces of the United 

States and the Russian Federation; 

(3) any geographical relocation or storage of nonstrategic 

nuclear weapons by the Russian Federation does not constitute 

a reduction or elimination of such weapons; 

(4) the vast advantage of the Russian Federation in nonstrategic nuclear weapons constitutes a threat to the United 

States and its allies and a growing asymmetry in Western 

Europe; 

(5) the forward-deployed nuclear forces of the United States 

are an important contributor to the assurance of the allies 

of the United States and constitute a check on proliferation 

and a tool in dealing with neighboring states hostile to the 

North Atlantic Treaty Organization (‘‘NATO’’); 

10 USC 

prec. 491. 


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126 STAT. 1926 PUBLIC LAW 112–239—JAN. 2, 2013 

(6) the United States should maintain its commitment to 

extended deterrence, specifically the nuclear alliance of NATO, 

as an important component of ensuring and linking the national 

security interests of the United States and the security of 

its European allies; 

(7) forward-deployed nuclear forces of the United States 

shall remain based in Europe in support of the nuclear policy 

and posture of NATO subject to the policy and requirements 

of NATO; 

(8) the presence of nuclear weapons of the United States 

in Europe—combined with NATO’s unique nuclear sharing 

arrangements under which non-nuclear members participate 

in nuclear planning and possess specially configured aircraft 

capable of delivering nuclear weapons—provides reassurance 

to allies and partners who feel exposed to regional threats; 

and 

(9) only the President and Congress have the legal 

authority over the nuclear forces of the United States and 

no multilateral organization, not even NATO, can articulate 

a declaratory policy concerning the use of nuclear weapons 

that binds the United States. 

(b) NOTIFICATION.— 

(1) IN GENERAL.—Chapter 24 of title 10, United States 

Code, as added by section 1031(b), is amended by inserting 

after section 496, as added by section 1036(a), the following 

new section: 

‘‘§ 497. Notification required for reduction, consolidation, or 

withdrawal of nuclear forces based in Europe 

‘‘(a) NOTIFICATION.—Upon any decision to reduce, consolidate, 

or withdraw the nuclear forces of the United States that are based 

in Europe, the President shall transmit to the appropriate congressional committees a notification containing— 

‘‘(1) justification for such reduction, consolidation, or withdrawal; and 

‘‘(2) an assessment of how member states of the North 

Atlantic Treaty Organization, in light of such reduction, consolidation, or withdrawal, assess the credibility of the deterrence 

capability of the United States in support of its commitments 

undertaken pursuant to article 5 of the North Atlantic Treaty, 

signed at Washington, District of Columbia, on April 4, 1949, 

and entered into force on August 24, 1949 (63 Stat. 2241; 

TIAS 1964). 

‘‘(b) PRIOR NOTIFICATION REQUIRED.— 

‘‘(1) IN GENERAL.—The President shall transmit the 

notification required by subsection (a) by not later than 60 

days before the date on which the President commences a 

reduction, consolidation, or withdrawal of the nuclear forces 

of the United States that are based in Europe described in 

such notification. 

‘‘(2) EXCEPTION.—The limitation in paragraph (1) shall not 

apply to a reduction, consolidation, or withdrawal of nuclear 

weapons of the United States that are based in Europe made 

to ensure the safety, security, reliability, and credibility of 

such weapons. 

Deadline. 

Assessment. 

President. 

10 USC 497. 


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PUBLIC LAW 112–239—JAN. 2, 2013 126 STAT. 1927 

‘‘(c) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In 

this section, the term ‘appropriate congressional committees’ 

means— 

‘‘(1) the Committees on Armed Services of the House of 

Representatives and the Senate; and 

‘‘(2) the Committee on Foreign Affairs of the House of 

Representatives and the Committee on Foreign Relations of 

the Senate.’’. 

(2) CLERICAL AMENDMENT.—The table of sections at the 

beginning of such chapter is amended by inserting after the 

item relating section 496, as added by section 1036(b), the 

following new item: 

‘‘497. Notification required for reduction, consolidation, or withdrawal of nuclear 

forces based in Europe.’’. 

SEC. 1038. UNILATERAL CHANGE IN NUCLEAR WEAPONS STOCKPILE 

OF THE UNITED STATES. 

(a) IN GENERAL.—Chapter 24 of title 10, United States Code, 

as added by section 1031(b), is amended by inserting after section 

497, as added by section 1037(b)(1), the following new section: 

‘‘§ 498 Unilateral change in nuclear weapons stockpile of 

the United States 

‘‘(a) IN GENERAL.—Other than pursuant to a treaty, if the 

President has under consideration to unilaterally change the size 

of the total stockpile of nuclear weapons of the United States 

by more than 25 percent, prior to doing so the President shall 

initiate a Nuclear Posture Review. 

‘‘(b) TERMS OF REFERENCE.—Prior to the initiation of a Nuclear 

Posture Review under this section, the President shall determine 

the terms of reference for the Nuclear Posture Review, which the 

President shall provide to the congressional defense committees. 

‘‘(c) NUCLEAR POSTURE REVIEW.—Upon completion of a Nuclear 

Posture Review under this section, the President shall submit the 

Nuclear Posture Review to the congressional defense committees 

prior to implementing any change in the nuclear weapons stockpile 

by more than 25 percent. 

‘‘(d) CONSTRUCTION.—This section shall not apply to changes 

to the nuclear weapons stockpile resulting from treaty obligations. 

‘‘(e) FORM.—A Nuclear Posture Review under this section shall 

be submitted in unclassified form, but may include a classified 

annex.’’. 

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by inserting after the item relating 

section 497, as added by section 1037(b)(2), the following new item: 

‘‘498. Unilateral change in nuclear weapons stockpile of the United States.’’. 

SEC. 1039. EXPANSION OF DUTIES AND RESPONSIBILITIES OF THE 

NUCLEAR WEAPONS COUNCIL. 

(a) GUIDANCE ON NUCLEAR COMMAND, CONTROL, AND COMMUNICATIONS SYSTEMS.—Section 179(d) of title 10, United States Code, 

is amended— 

(1) in paragraph (2), by inserting ‘‘and alternatives’’ before 

the period; 

(2) in paragraph (3), by inserting ‘‘and approving’’ after 

‘‘Coordinating’’; 

(3) in paragraph (7)— 

10 USC 491. 

10 USC 498. 

10 USC 

prec. 491. 


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126 STAT. 1928 PUBLIC LAW 112–239—JAN. 2, 2013 

(A) by striking ‘‘broad’’ and inserting ‘‘specific’’; and 

(B) by inserting before the period at the end the following: ‘‘and priorities among activities, including production, surveillance, research, construction, and any other 

programs within the National Nuclear Security Administration’’; 

(4) by redesignating paragraph (10) as paragraph (12); 

and 

(5) by inserting after paragraph (9) the following new paragraph (10): 

‘‘(10) Coordinating and providing guidance and oversight 

on nuclear command, control, and communications systems.’’. 

(b) BUDGET AND FUNDING MATTERS.—Section 179 of such title 

is further amended— 

(1) in subsection (d), as amended by subsection (a), by 

inserting after paragraph (10) the following new paragraph 

(11): 

‘‘(11) Coordinating and approving the annual budget proposals of the National Nuclear Security Administration.’’; 

(2) by redesignating subsection (f) as subsection (g); and 

(3) by inserting after subsection (e) the following new subsection (f): 

‘‘(f) BUDGET AND FUNDING MATTERS.—(1) The Council shall 

submit to Congress each year, at the same time the budget of 

the President for the fiscal year beginning in such year is submitted 

to Congress pursuant to section 1105(a) of title 31, a certification 

whether or not the amounts requested for the National Nuclear 

Security Administration in such budget, and anticipated over the 

four fiscal years following such budget, meets nuclear stockpile 

and stockpile stewardship program requirements for such fiscal 

year and over such four fiscal years. If a member of the Council 

does not concur in a certification, the certification shall include 

the reasons for the member’s non-concurrence. 

‘‘(2) If a House of Congress adopts a bill authorizing or appropriating funds for the National Nuclear Security Administration 

for nuclear stockpile and stockpile stewardship program activities 

or other activities that, as determined by the Council, provides 

insufficient funds for such activities for the period covered by such 

bill, the Council shall notify the congressional defense committees 

of the determination.’’. 

(c) AGENDA OF MEETINGS.—Section 179(b)(3) of such title is 

amended by adding at the end the following: ‘‘To the extent possible, 

not later than seven days before a meeting, the Chairman shall 

disseminate to each member of the Council the agenda and documents for such meeting.’’. 

SEC. 1040. INTERAGENCY COUNCIL ON THE STRATEGIC CAPABILITY 

OF THE NATIONAL LABORATORIES. 

(a) ESTABLISHMENT.—Chapter 7 of title 10, United States Code, 

is amended by adding at the end the following new section: 

‘‘§ 188. Interagency Council on the Strategic Capability of 

the National Laboratories 

‘‘(a) ESTABLISHMENT.—There is an Interagency Council on the 

Strategic Capability of the National Laboratories (in this section 

referred to as the ‘Council’). 

10 USC 188. 

Deadline. 

Determination. 

Notification. 

Certification. 


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PUBLIC LAW 112–239—JAN. 2, 2013 126 STAT. 1929 

‘‘(b) MEMBERSHIP.—The membership of the Council is comprised 

of the following: 

‘‘(1) The Secretary of Defense. 

‘‘(2) The Secretary of Energy. 

‘‘(3) The Secretary of Homeland Security. 

‘‘(4) The Director of National Intelligence. 

‘‘(5) The Administrator for Nuclear Security. 

‘‘(6) Such other officials as the President considers appropriate. 

‘‘(c) STRUCTURE AND PROCEDURES.—The President may determine the chair, structure, staff, and procedures of the Council. 

‘‘(d) RESPONSIBILITIES.—The Council shall be responsible for 

the following matters: 

‘‘(1) Identifying and considering the science, technology, 

and engineering capabilities of the national laboratories that 

could be leveraged by each participating agency to support 

national security missions. 

‘‘(2) Reviewing and assessing the adequacy of the national 

security science, technology, and engineering capabilities of the 

national laboratories for supporting national security missions 

throughout the Federal Government. 

‘‘(3) Establishing and overseeing means of ensuring that— 

‘‘(A) capabilities identified by the Council under paragraph (1) are sustained to an appropriate level; and 

‘‘(B) each participating agency provides the appropriate 

level of institutional support to sustain such capabilities. 

‘‘(4) In accordance with acquisition rules regarding federally 

funded research and development centers, establishing criteria 

for when each participating agency should seek to use the 

services of the national laboratories, including the identification 

of appropriate mission areas and capabilities. 

‘‘(5) Making recommendations to the President and Congress regarding regulatory or statutory changes needed to 

better support— 

‘‘(A) the strategic capabilities of the national laboratories; and 

‘‘(B) the use of such laboratories by each participating 

agency. 

‘‘(6) Other actions the Council considers appropriate with 

respect to— 

‘‘(A) the sustainment of the national laboratories; and 

‘‘(B) the use of the strategic capabilities of such laboratories. 

‘‘(e) STREAMLINED PROCESS.—With respect to the participating 

agency for which a member of the Council is the head of, each 

member of the Council shall— 

‘‘(1) establish processes to streamline the consideration and 

approval of procuring the services of the national laboratories 

on appropriate matters; and 

‘‘(2) ensure that such processes are used in accordance 

with the criteria established under subsection (d)(4). 

‘‘(f) DEFINITIONS.—In this section: 

‘‘(1) The term ‘participating agency’ means a department 

or agency of the Federal Government that is represented on 

the Council by a member under subsection (b). 

‘‘(2) The term ‘national laboratories’ means— 


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126 STAT. 1930 PUBLIC LAW 112–239—JAN. 2, 2013 

‘‘(A) each national security laboratory (as defined in 

section 3281(1) of the National Nuclear Security Administration Act (50 U.S.C. 2471(1))); and 

‘‘(B) each national laboratory of the Department of 

Energy.’’. 

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by adding after the item relating 

to section 187 the following new item: 

‘‘188. Interagency Council on the Strategic Capability of the National Laboratories.’’. 

(c) REPORT.— (1) IN GENERAL.—Not later than September 30, 2013, the 

Interagency Council on the Strategic Capability of the National 

Laboratories established under section 188 of title 10, United 

States Code, as added by subsection (a), shall submit to the 

appropriate congressional committees a report describing and 

assessing the following: 

(A) The actions taken to implement the requirements 

of such section 188 and the charter titled ‘‘Governance 

Charter for an Interagency Council on the Strategic Capability of DOE National Laboratories as National Security 

Assets’’ signed by the Secretary of Defense, the Secretary 

of Energy, the Secretary of Homeland Security, and the 

Director of National Intelligence in July 2010. 

(B) The effectiveness of the Council in accomplishing 

the purpose and objectives of such section and such 

Charter. 

(C) Efforts to strengthen work-for-others programs at 

the national laboratories. 

(D) Efforts to make work-for-others opportunities at 

the national laboratories more cost-effective. 

(E) Ongoing and planned measures for increasing costsharing and institutional support investments at the 

national laboratories from other agencies. 

(F) Any regulatory or statutory changes recommended 

to improve the ability of such other agencies to leverage 

expertise and capabilities at the national laboratories. 

(G) The strategic capabilities and core competencies 

of laboratories and engineering centers operated by the 

Department of Defense, including identification of mission 

areas and functions that should be carried out by such 

laboratories and engineering centers. 

(H) Consistent with the protection of sources and 

methods, the level of funding and general description of 

programs that were funded during fiscal year 2012 by— 

(i) the Department of Defense and carried out at 

the national laboratories; and 

(ii) the Department of Energy and the national 

laboratories and carried out at the laboratories and 

engineering centers of the Department of Defense. 

(2) FORM.—The report required by paragraph (1) shall be 

submitted in unclassified form, but may include a classified 

annex. 

(3) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.— 

In this subsection, the term ‘‘appropriate congressional committees’’ means the following: 

(A) The congressional defense committees. 

10 USC 188 note. 

10 USC 

prec. 171. 


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PUBLIC LAW 112–239—JAN. 2, 2013 126 STAT. 1931 

(B) The Committee on Energy and Commerce of the 

House of Representatives and the Committee on Energy 

and Natural Resources of the Senate. 

(C) The Committee on Homeland Security of the House 

of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate. 

(D) The Committee on Science, Space, and Technology 

of the House of Representatives and the Committee on 

Commerce, Science, and Transportation of the Senate. 

(E) The Permanent Select Committee on Intelligence 

of the House of Representatives and the Select Committee 

on Intelligence of the Senate. 

(d) CONSTRUCTION.—Nothing in section 188 of title 10, United 

States Code, as added by subsection (a), shall be construed to 

limit section 309 of the Homeland Security Act of 2002 (6 U.S.C. 

189). 

SEC. 1041. COST ESTIMATES FOR NUCLEAR WEAPONS. 

(a) BUDGET REQUIREMENTS.—Section 1043 of the National 

Defense Authorization Act for Fiscal Year 2012 (Public Law 112– 

81; 125 Stat. 1576) is amended— 

(1) in subsection (a)— 

(A) in paragraph (2), by amending subparagraph (F) 

to read as follows: 

‘‘(F) In accordance with paragraph (3), a detailed estimate of the budget requirements associated with sustaining 

and modernizing the nuclear deterrent of the United States 

and the nuclear weapons stockpile of the United States, 

including the costs associated with the plans outlined under 

subparagraphs (A) through (E), over the 10-year period 

following the date of the report, including the applicable 

and appropriate costs associated with the procurement, 

military construction, operation and maintenance, and 

research, development, test, and evaluation accounts of 

the Department of Defense.’’; and 

(B) by adding at the end the following new paragraph: 

‘‘(3) BUDGET ESTIMATE CONTENTS AND METHODOLOGY.— 

Each budget estimate under paragraph (2)(F) shall include 

a detailed description of the costs included in such estimate 

and the methodology used to create such estimate.’’; and 

(2) by adding at the end the following new subsection: 

‘‘(c) COMPTROLLER GENERAL REVIEW.—The Comptroller General 

of the United States shall— 

‘‘(1) review each report under subsection (a) for accuracy 

and completeness with respect to the matters described in 

paragraphs (2)(F) and (3) of such subsection; and 

‘‘(2) not later than 180 days after the date on which such 

report under subsection (a) is submitted, submit to the congressional defense committees a summary of each such review.’’. 

(b) CBO ESTIMATE OF COSTS.—Not later than one year after 

the date of the enactment of this Act, the Director of the Congressional Budget Office shall submit to the congressional defense 

committees a report setting forth the following: 

(1) An estimate of the costs over the 10-year period beginning on the date of the report associated with fielding and 

maintaining the current nuclear weapons and nuclear weapon 

delivery systems of the United States. 

Deadline. 

Reports. 

Time period. 

Deadline. 

Time period. 

10 USC 188 note. 


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126 STAT. 1932 PUBLIC LAW 112–239—JAN. 2, 2013 

(2) An estimate of the costs over the 10-year period beginning on the date of the report of any life extension, modernization, or replacement of any current nuclear weapons or nuclear 

weapon delivery systems of the United States that is anticipated as of the date of the report. 

SEC. 1042. PRIOR NOTIFICATION WITH REGARD TO RETIREMENT OF 

STRATEGIC DELIVERY SYSTEMS. 

(a) PRIOR NOTIFICATION.—The President shall ensure that the 

Secretary of Defense submits to Congress the plan required by 

section 1042(a) of the National Defense Authorization Act of Fiscal 

Year 2012 (Public Law 112–81; 125 Stat. 1575) by not later than 

60 days before the date on which the President carries out any 

reduction, conversion, or decommissioning of any strategic delivery 

system pursuant to the levels set forth for such systems under 

the New START Treaty. 

(b) DEFINITIONS.—In this section: 

(1) The term ‘‘New START Treaty’’ means the Treaty 

between the United States of America and the Russian Federation on Measures for the Further Reduction and Limitation 

of Strategic Offensive Arms, signed on April 8, 2010, and 

entered into force on February 5, 2011. 

(2) The term ‘‘strategic delivery system’’ means the following delivery platforms for nuclear weapons: 

(A) Land-based intercontinental ballistic missiles. 

(B) Submarine-launched ballistic missiles and associated ballistic missile submarines. 

(C) Nuclear-certified strategic bombers. 

(D) Nuclear-capable cruise missiles. 

SEC. 1043. REPORT ON NUCLEAR WARHEADS ON INTERCONTINENTAL 

BALLISTIC MISSILES OF THE UNITED STATES. 

Not later than 60 days after the date of the enactment of 

this Act, the Secretary of Defense shall submit to the congressional 

defense committees a report on the requirements necessary to 

ensure that the United States retains the ability (and all of the 

related capabilities) to upload an intercontinental ballistic missile 

with multiple nuclear warheads in the event that operational 

requirements, technical failures, or other decisions require such 

an ability. 

SEC. 1044. REQUIREMENTS FOR COMBINED OR INTEROPERABLE WARHEAD FOR CERTAIN MISSILE SYSTEMS. 

(a) NAVY AND AIR FORCE STATEMENTS.—Not later than 75 

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

of the Navy and the Secretary of the Air Force shall each submit 

separate statements to the Nuclear Weapons Council established 

by section 179 of title 10, United States Code, on— 

(1) plans related to a combined or interoperable warhead 

for the W78 Minuteman III missile system and the W88 Trident 

II D5 missile system; and 

(2) the views of the Secretary with respect to such combined 

or interoperable warhead. 

(b) REPORT BY NUCLEAR WEAPONS COUNCIL.— 

(1) IN GENERAL.—Not later than 120 days after the date 

of the enactment of this Act, the Nuclear Weapons Council 

shall submit to the congressional defense committees a report 

setting forth the requirements for a combined or interoperable 

Deadline. 

President. 

Deadline. 


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PUBLIC LAW 112–239—JAN. 2, 2013 126 STAT. 1933 

warhead for the W78 Minuteman III missile system and the 

W88 Trident II D5 missile system. 

(2) MATTERS INCLUDED.—The report under paragraph (1) 

shall include— 

(A) the views of the Council with respect to the combined or interoperable warhead; and 

(B) the unaltered statements of the Secretary of the 

Navy and the Secretary of the Air Force submitted to 

the Council under subsection (a). 

SEC. 1045. REPORTS ON CAPABILITY OF CONVENTIONAL AND 

NUCLEAR FORCES AGAINST CERTAIN TUNNEL SITES AND 

ON NUCLEAR WEAPONS PROGRAM OF THE PEOPLE’S 

REPUBLIC OF CHINA. 

(a) REPORT ON CAPABILITY OF U.S. CONVENTIONAL AND

NUCLEAR FORCES AGAINST CERTAIN TUNNEL SITES.— 

(1) REPORT.—Not later than one year after the date of 

the enactment of this Act, the Commander of the United States 

Strategic Command shall submit to the appropriate congressional committees a report on the underground tunnel network 

used by the People’s Republic of China with respect to the 

capability of the United States to use conventional and nuclear 

forces to neutralize such tunnels and what is stored within 

such tunnels. 

(2) FORM.—The report under paragraph (1) shall be submitted in unclassified form, but may include a classified annex. 

(b) ASSESSMENT OF NUCLEAR WEAPONS PROGRAM.— 

(1) IN GENERAL.—The Secretary of Defense shall enter into 

an agreement with a federally funded research and development 

center to conduct an assessment of the nuclear weapons program of the People’s Republic of China. 

(2) PANEL.—To conduct the assessment under paragraph 

(1), the federally funded research and development center shall 

convene a panel consisting of individuals who— 

(A) are nuclear weapons or military experts; 

(B) have significant experience and subject matter 

expertise based on the service of the individual in the 

Federal Government or the nuclear weapons laboratories; 

and 

(C) possess (or have recently possessed) the appropriate 

security clearance required to access relevant classified 

information of the intelligence community and the Department of Energy. 

(3) MATTERS INCLUDED.—The assessment under paragraph 

(1) shall include the following: 

(A) An assessment of the nuclear deterrence strategy 

of China, including a historical perspective and the 

assessed geopolitical drivers of such strategy. 

(B) A detailed description of the nuclear arsenal of 

China, including— 

(i) the capabilities of such arsenal; 

(ii) the number of nuclear weapons in such arsenal 

capable of being delivered at intercontinental range; 

and 

(iii) any associated doctrines (including targeting 

doctrines) relating to such arsenal. 

Contracts. 


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126 STAT. 1934 PUBLIC LAW 112–239—JAN. 2, 2013 

(C) A comparison of the nuclear forces of the United 

States with the nuclear forces of China, including with 

respect to nuclear forces that are deployed, in reserve, 

or awaiting dismantlement. 

(D) Projections of the possible future nuclear arsenals 

of China, including the capabilities and associated doctrines 

of such arsenals. 

(E) A description of command and control functions 

and gaps. 

(F) An assessment of the fissile material stockpile of 

China and the civil and military production capabilities 

and capacities. 

(G) An assessment of the production capacities of China 

for nuclear weapons and nuclear weapon delivery vehicles. 

(H) A discussion of any significant uncertainties surrounding the nuclear weapons program of China, 

including— 

(i) identification of the knowledge gaps regarding 

such nuclear weapons program; and 

(ii) a discussion of the implications of any such 

gaps for the security of the United States and the 

allies of the United States. 

(I) Any recommendations to improve the understanding 

of the United States with respect to the nuclear weapons 

program of China. 

(4) REPORT.—Not later than August 15, 2013, the federally 

funded research and development center shall submit to the 

appropriate congressional committees a report on the assessment conducted under paragraph (1). 

(c) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In 

this section, the term ‘‘appropriate congressional committees’’ means 

the following: 

(1) The congressional defense committees. 

(2) The Committee on Foreign Affairs of the House of 

Representatives and the Committee on Foreign Relations of 

the Senate. 

SEC. 1046. REPORT ON CONVENTIONAL AND NUCLEAR FORCES IN THE 

WESTERN PACIFIC REGION. 

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

this Act, the Secretary of Defense, in consultation with the Secretary 

of State, shall submit to the congressional defense committees a 

report on the feasibility and strategic value of deploying additional 

conventional and nuclear forces to the Western Pacific region to 

ensure the presence of a robust conventional and nuclear capability, 

including a forward-deployed nuclear capability, of the United 

States in response to the ballistic missile and nuclear weapons 

developments of North Korea and the other belligerent actions 

North Korea has made against allies of the United States. The 

report shall include an evaluation of any bilateral agreements, 

basing arrangements, and costs that would be involved with such 

additional deployments. 


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PUBLIC LAW 112–239—JAN. 2, 2013 126 STAT. 1935 

Subtitle F—Miscellaneous Authorities and 

Limitations 

SEC. 1051. EXPANSION OF AUTHORITY OF THE SECRETARY OF THE 

ARMY TO LOAN OR DONATE EXCESS NON-AUTOMATIC 

SERVICE RIFLES FOR FUNERAL AND OTHER CEREMONIAL 

PURPOSES. 

(a) IN GENERAL.—Section 4683 of title 10, United States Code, 

is amended— 

(1) in subsection (a), by adding at the end the following 

new paragraph: 

‘‘(3)(A) In order to meet the needs of an eligible organization 

with respect to performing funeral and other ceremonies, if the 

Secretary determines appropriate, the Secretary may— 

‘‘(i) loan or donate excess non-automatic service rifles to an 

eligible organization; or 

‘‘(ii) authorize an eligible organization to retain non-automatic 

service rifles other than M–1 rifles. 

‘‘(B) Nothing in this paragraph shall be construed to supersede 

any Federal law or regulation governing the use or ownership 

of firearms.’’; and 

(2) by striking the section heading and inserting the following: 

‘‘§ 4683. Excess non-automatic service rifles: loan or donation 

for funeral and other ceremonial purposes’’. 

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 443 of such title is amended by striking the item 

relating to section 4683 and inserting the following new item: 

‘‘4683. Excess non-automatic service rifles: loan or donation for funeral and other 

ceremonial purposes.’’. 

SEC. 1052. INTERAGENCY COLLABORATION ON UNMANNED AIRCRAFT 

SYSTEMS. 

(a) FINDINGS ON JOINT DEPARTMENT OF DEFENSE FEDERAL

AVIATION ADMINISTRATION EXECUTIVE COMMITTEE ON CONFLICT

AND DISPUTE RESOLUTION.—Section 1036(a) of the Duncan Hunter 

National Defense Authorization Act for Fiscal Year 2009 (Public 

Law 110–417; 122 Stat. 4596) is amended by adding at the end 

the following new paragraph: 

‘‘(9) Collaboration of scientific and technical personnel and 

sharing of technical information, test results, and resources 

where available from the Department of Defense, the Federal 

Aviation Administration, and the National Aeronautics and 

Space Administration can advance an enduring relationship 

of research capability to advance the access of unmanned aircraft systems of the Department of Defense, the National Aeronautics and Space Administration and other public agencies 

to the National Airspace System.’’. 

(b) INTERAGENCY COLLABORATION.— 

(1) IN GENERAL.—The Secretary of Defense shall collaborate 

with the Administrator of the Federal Aviation Administration 

and the Administrator of the National Aeronautics and Space 

Administration to conduct research and seek solutions to challenges associated with the safe integration of unmanned aircraft 

49 USC 40101 

note. 

10 USC 

prec. 4681. 


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126 STAT. 1936 PUBLIC LAW 112–239—JAN. 2, 2013 

systems into the National Airspace System in accordance with 

subtitle B of title III of the FAA Modernization and Reform 

Act of 2012 (Public Law 112–95; 126 Stat. 72). 

(2) ACTIVITIES IN SUPPORT OF PLAN ON ACCESS TO NATIONAL

AIRSPACE FOR UNMANNED AIRCRAFT SYSTEMS.—Collaboration 

under paragraph (1) may include research and development 

of scientific and technical issues, equipment, and technology 

in support of the plan to safely accelerate the integration of 

unmanned aircraft systems as required by subtitle B of title 

III of the FAA Modernization and Reform Act of 2012. 

(3) NONDUPLICATIVE EFFORTS.—If the Secretary of Defense 

determines it is in the interest of the Department of Defense, 

the Secretary may use existing aerospace-related laboratories, 

personnel, equipment, research radars, and ground facilities 

of the Department of Defense to avoid duplication of efforts 

in carrying out collaboration under paragraph (1). 

(4) REPORTS.— 

(A) REQUIREMENT.—The Secretary of Defense, on 

behalf of the UAS Executive Committee, shall annually 

submit to the congressional defense committees, the Committee on Transportation and Infrastructure, and the Committee on Science, Space, and Technology of the House 

of Representatives, and the Committee on Commerce, 

Science, and Transportation of the Senate a report on the 

progress of research activity of the Department of Defense, 

including— 

(i) progress in accomplishing the goals of the 

unmanned aircraft systems research, development, and 

demonstration as related to the Department of Defense 

Final Report to Congress on Access to National Airspace for Unmanned Aircraft Systems of October 2010, 

and any ongoing and collaborative research and 

development programs with the Federal Aviation 

Administration and the National Aeronautics and 

Space Administration; 

(ii) estimates of long-term funding needs and 

details of funds expended and allocated in the budget 

requests of the President that support integration into 

the National Airspace; and 

(iii) progress in sharing with the Federal Aviation 

Administration safety operational and performance 

data as it relates to unmanned aircraft system operation and the impact on the National Airspace System. 

(B) TERMINATION.—The requirement to submit a report 

under subparagraph (A) shall terminate on the date that 

is 5 years after the date of the enactment of this Act. 

(c) UAS EXECUTIVE COMMITTEE DEFINED.—In this section, the 

term ‘‘UAS Executive Committee’’ means the National Aeronautics 

and Space and Administration and the Department of Defense– 

Federal Aviation Administration executive committee described in 

section 1036(b) of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 and established by the Secretary 

of Defense and the Administrator of the Federal Aviation Administration. 

(d) AUTHORIZATION OF APPROPRIATIONS.—There is hereby 

authorized to be appropriated such sums as may be necessary 

to carry out this section. 

49 USC 40101 

note. 

Determination. 


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PUBLIC LAW 112–239—JAN. 2, 2013 126 STAT. 1937 

SEC. 1053. AUTHORITY TO TRANSFER SURPLUS MINE-RESISTANT 

AMBUSH-PROTECTED VEHICLES AND SPARE PARTS. 

(a) AUTHORITY.—The Secretary of Defense is authorized to 

transfer surplus Mine-Resistant Ambush-Protected vehicles, 

including spare parts for such vehicles, to non-profit United States 

humanitarian demining organizations for purposes of demining 

activities and training of such organizations. 

(b) TERMS AND CONDITIONS.—Any transfer of vehicles or spare 

parts under subsection (a) shall be subject to the following terms 

and conditions: 

(1) The transfer shall be made on a loan basis. 

(2) The costs of operation and maintenance of the vehicles 

shall be borne by the recipient organization. 

(3) Any other terms and conditions as the Secretary of 

Defense determines to be appropriate. 

(c) NOTIFICATION.—The Secretary of Defense shall notify the 

congressional defense committees in writing not less than 60 days 

before making any transfer of vehicles or spare parts under subsection (a). Such notification shall include the name of the organization, the number and model of the vehicle to be transferred, a 

listing of any spare parts to be transferred, and any other information the Secretary considers appropriate. 

SEC. 1054. NOTICE TO CONGRESS OF CERTAIN DEPARTMENT OF 

DEFENSE NONDISCLOSURE AGREEMENTS. 

(a) NOTICE REQUIRED.—The Secretary of Defense shall submit 

to the congressional defense committees notice of any request or 

requirement for members of the Armed Forces or civilian employees 

of the Department of Defense to enter into nondisclosure agreements that could restrict the ability of such members or employees 

to communicate with Congress. Each such notice shall include the 

following: 

(1) The basis in law for the agreement. 

(2) An explanation for the restriction of the ability to 

communicate with Congress. 

(3) A description of the category of individuals requested 

or required to enter into the agreement. 

(4) A copy of the language contained in the agreement. 

(b) TIMING OF NOTIFICATION.— 

(1) REQUESTS OR REQUIREMENTS BEFORE DATE OF ENACTMENT.—In the case of nondisclosure agreements described in 

subsection (a) that members or employees were first requested 

or required to enter into on or before the date of the enactment 

of this Act, the notice required by subsection (a) shall be submitted not later than 60 days after the date of enactment. 

(2) REQUESTS OR REQUIREMENTS AFTER DATE OF ENACTMENT.—In the case of nondisclosure agreements described in 

subsection (a) that members or employees were first requested 

or required to enter into after the date of the enactment of 

this Act, the notice required by subsection (a) shall be submitted 

not later than 30 days after the date on which the Secretary 

first requests or requires that the members or employees enter 

into the agreements. 

Deadlines. 

Records. 

10 USC 1034 

note. 

Deadline. 

Lists. 

10 USC 407 note. 


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126 STAT. 1938 PUBLIC LAW 112–239—JAN. 2, 2013 

SEC. 1055. EXTENSION OF AUTHORITY TO PROVIDE ASSURED BUSINESS GUARANTEES TO CARRIERS PARTICIPATING IN 

CIVIL RESERVE AIR FLEET. 

(a) EXTENSION.—Subsection (k) of section 9515 of title 10, 

United States Code, is amended by striking ‘‘December 31, 2015’’ 

and inserting ‘‘December 31, 2020’’. 

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

is further amended— 

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

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

means such transportation for which the Secretary of Defense 

has entered into a contract for the purpose of passenger travel’’. 

SEC. 1056. AUTHORITY FOR SHORT-TERM EXTENSION OF LEASE FOR 

AIRCRAFT SUPPORTING THE BLUE DEVIL INTELLIGENCE, 

SURVEILLANCE, AND RECONNAISSANCE PROGRAM. 

(a) IN GENERAL.—Notwithstanding section 2401 of title 10, 

United States Code, the Secretary of the Air Force may extend 

or renew the lease of aircraft supporting the Blue Devil intelligence, 

surveillance, and reconnaissance program after the date of the 

expiration of the current lease of such aircraft for a term that 

is the shorter of— 

(1) the period beginning on the date of the expiration 

of the current lease and ending on the date on which the 

Commander of the United States Central Command notifies 

the Secretary that a substitute is available for the capabilities 

provided by the lease, or that the capabilities provided by 

such aircraft are no longer required; or 

(2) six months. 

(b) FUNDING.—Amounts authorized to be appropriated for fiscal 

year 2013 by title XV and available for Overseas Contingency 

Operations for operation and maintenance as specified in the 

funding tables in section 4302 may be available for the extension 

or renewal of the lease authorized by subsection (a). 

SEC. 1057. RULE OF CONSTRUCTION RELATING TO PROHIBITION ON 

INFRINGING ON THE INDIVIDUAL RIGHT TO LAWFULLY 

ACQUIRE, POSSESS, OWN, CARRY, AND OTHERWISE USE 

PRIVATELY OWNED FIREARMS, AMMUNITION, AND OTHER 

WEAPONS. 

Section 1062(c) of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111–383; 124 Stat. 4363) 

is amended— 

(1) in paragraph (1)(B), by striking ‘‘; or’’ and inserting 

a semicolon; 

(2) in paragraph (2), by striking ‘‘others.’’ and inserting 

‘‘others; or’’; and 

(3) by adding at the end the following new paragraph: 

‘‘(3) authorize a health professional that is a member of 

the Armed Forces or a civilian employee of the Department 

of Defense or a commanding officer to inquire if a member 

of the Armed Forces plans to acquire, or already possesses 

or owns, a privately-owned firearm, ammunition, or other 

weapon, if such health professional or such commanding officer 

has reasonable grounds to believe such member is at risk 

for suicide or causing harm to others.’’. 

10 USC 

prec. 1030 note. 

Time period. 

Notification. 


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PUBLIC LAW 112–239—JAN. 2, 2013 126 STAT. 1939 

SEC. 1058. SENSE OF CONGRESS ON THE JOINT WARFIGHTING ANALYSIS CENTER. 

It is the sense of Congress that the Joint Warfighting Analysis 

Center (JWAC) should have adequate resources to meet the continuing requirements of the combatant commands. 

SEC. 1059. LIMITATIONS ON RETIREMENT OF FIXED-WING INTRA-THEATER AIRLIFT AIRCRAFT FOR GENERAL SUPPORT AND 

TIME SENSITIVE/MISSION CRITICAL DIRECT SUPPORT 

AIRLIFT MISSIONS OF THE DEPARTMENT OF DEFENSE. 

(a) LIMITATION ON RETIREMENTS.—During fiscal year 2013, the 

Secretary of the Air Force shall retain an additional 32 fixedwing, intra-theater airlift aircraft beyond the number of such aircraft proposed to be retained in the Secretary’s total force structure 

proposal provided to the congressional defense committees on 

November 2, 2012. 

(b) INCORPORATION OF CONCEPT OF EMPLOYMENT.—Not later 

than June 1, 2013, the Secretary of the Air Force shall ensure 

that the concept of employment for the Department of the Air 

Force direct support of Department of the Army time sensitive 

or mission critical intra-theater airlift mission, as agreed to by 

the Vice Chiefs of Staff of the Air Force and the Army by memorandum of agreement dated September 13, 2009, and agreed to 

by the Chiefs of Staff of the Air Force and the Army and the 

Vice Chairman of the Joint Chiefs of Staff, by memorandum of 

understanding dated January 27, 2012, is wholly incorporated into 

Department of the Air Force doctrine, strategy, tactics, and modeling and the Air Force core capabilities of agile combat support 

and rapid global mobility operations. 

Subtitle G—Studies and Reports 

SEC. 1061. ELECTRONIC WARFARE STRATEGY OF THE DEPARTMENT 

OF DEFENSE. 

(a) GUIDANCE REQUIRED.—Not later than January 1, 2013, 

the Secretary of Defense shall review and update Department of 

Defense guidance related to electronic warfare to ensure that oversight roles and responsibilities within the Department related to 

electronic warfare policy and programs are clearly defined. Such 

guidance shall clarify, as appropriate, the roles and responsibilities 

related to the integration of electronic warfare matters and cyberspace operations. 

(b) PLAN REQUIRED.—Not later than October 1, 2013, the Commander of the United States Strategic Command shall update and 

issue guidance regarding the responsibilities of the Command with 

regard to joint electronic warfare capabilities. Such guidance shall— 

(1) define the role and objectives of the Joint Electromagnetic Spectrum Control Center or any other center established in the Command to provide governance and oversight 

of electronic warfare matters; and 

(2) include an implementation plan outlining tasks, metrics, 

and timelines to establish such a center. 

(c) ADDITIONAL REPORTING REQUIREMENTS.—Section 1053(b)(1) 

of the National Defense Authorization Act for Fiscal Year 2010 

(Public Law 111–84; 123 Stat. 2459) is amended— 

10 USC 113 note. 

10 USC 113 note. 

Deadline. 


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126 STAT. 1940 PUBLIC LAW 112–239—JAN. 2, 2013 

(1) in subparagraph (B), by striking ‘‘; and’’ and inserting 

a semicolon; 

(2) in subparagraph (C), by striking the period and 

inserting a semicolon; and 

(3) by adding at the end the following new subparagraphs: 

‘‘(D) performance measures to guide the implementation of such strategy; 

‘‘(E) an identification of resources and investments necessary to implement such strategy; and 

‘‘(F) an identification of the roles and responsibilities 

within the Department to implement such strategy.’’. 

SEC. 1062. REPORT ON COUNTERPROLIFERATION CAPABILITIES AND 

LIMITATIONS. 

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

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

to the congressional defense committees a report outlining operational capabilities, limitations, and shortfalls within the Department of Defense with respect to counterproliferation and combating 

weapons of mass destruction involving special operations forces 

and key enabling forces. 

(b) ELEMENTS.—The report required under subsection (a) shall 

include each of the following elements: 

(1) An overview and assessment of current counterproliferation and combating weapons of mass destruction capabilities, 

capacity, and limitations of special operations forces and key 

enabling capabilities provided by other supporting elements 

of the Department of Defense and other Government agencies. 

(2) An assessment of the unique capabilities of special 

operations forces to counter a proliferant’s ability to develop 

weapons of mass destruction, including all phases of 

weaponization. 

(3) An overview and assessment of current and future 

training requirements and gaps, including the adequacy and 

availability of training facilities relative to paragraphs (1) and 

(2). 

(4) An assessment of technical capability gaps relative to 

paragraphs (1) and (2), including an identification of any gaps 

that are unique to special operations forces. 

(5) An assessment of interagency coordination capabilities 

and gaps, including intelligence support to countering weapons 

of mass destruction. 

(6) An assessment of current international bilateral and 

multilateral partnerships and the limitations of such partnerships, including an assessment of existing authorities to build 

partnership capacity in countering weapons of mass destruction 

unique to special operations forces. 

(7) A description of efforts to address the limitations and 

gaps referred to in paragraphs (1) through (6), including 

timelines and requirements to address such limitations and 

such gaps. 

(8) Any other matters the Secretary considers appropriate. 

SEC. 1063. REPORT ON STRATEGIC AIRLIFT AIRCRAFT. 

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

this Act, the Secretary of Defense shall submit to the congressional 

defense committees, the Committee on Transportation and Infrastructure of the House of Representatives, and the Committee on 


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PUBLIC LAW 112–239—JAN. 2, 2013 126 STAT. 1941 

Commerce, Science, and Transportation of the Senate a report 

that sets forth the following: 

(1) An assessment of the feasibility and advisability of 

obtaining a Federal Aviation Administration certification for 

commercial use of each of the following: 

(A) A commercial variant of the C–17 aircraft. 

(B) A retired C–17A aircraft. 

(C) A retired C–5A aircraft. 

(2) An assessment of the current limitations of the aircraft 

of the Civil Reserve Air Fleet. 

(3) An assessment of the potential for using the aircraft 

referred to in paragraph (1) in the Civil Reserve Air Fleet. 

(4) An assessment of the advantages of adding the aircraft 

referred to in paragraph (1) to the Civil Reserve Air Fleet. 

(5) An update on the status of any cooperation between 

the Federal Aviation Administration and the Department of 

Defense on the certification of the aircraft referred to in paragraph (1). 

(6) A description of all actions required, including any 

impediments to such actions, to offering retired C–5A aircraft 

or retired C–17A aircraft as excess defense articles to United 

States allies or for sale to Civil Reserve Air Fleet carriers. 

(7) A description of the actions required for interested 

allies or Civil Reserve Air Fleet carriers to take delivery of 

excess C–5A aircraft or excess C–17A aircraft, including the 

actions, modifications, or demilitarization necessary for such 

recipients to take delivery of such aircraft, and provisions for 

permitting such recipients to undertake responsibility for such 

actions, to the maximum extent practicable. 

SEC. 1064. REPEAL OF BIENNIAL REPORT ON THE GLOBAL POSITIONING SYSTEM. 

Section 2281 of title 10, United States Code, is amended— 

(1) by striking subsection (d); and 

(2) by redesignating subsection (e) as subsection (d). 

SEC. 1065. IMPROVEMENTS TO REPORTS REQUIRED ON ACQUISITION 

OF TECHNOLOGY RELATING TO WEAPONS OF MASS 

DESTRUCTION AND THE THREAT POSED BY WEAPONS OF 

MASS DESTRUCTION, BALLISTIC MISSILES, AND CRUISE 

MISSILES. 

(a) IN GENERAL.—Section 234 of the National Defense 

Authorization Act for Fiscal Year 1998 (50 U.S.C. 2367) is amended 

to read as follows: 

‘‘SEC. 234. REPORTS ON ACQUISITION OF TECHNOLOGY RELATING TO 

WEAPONS OF MASS DESTRUCTION AND THE THREAT 

POSED BY WEAPONS OF MASS DESTRUCTION, BALLISTIC 

MISSILES, AND CRUISE MISSILES. 

‘‘(a) ANNUAL REPORT.—Not later than January 30 of each year, 

the Secretary of Defense, in consultation with the Director of 

National Intelligence, shall submit to the appropriate congressional 

committees a report on the following: 

‘‘(1) The threats posed to the United States and allies 

of the United States— 

‘‘(A) by weapons of mass destruction, ballistic missiles, 

and cruise missiles; and 


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126 STAT. 1942 PUBLIC LAW 112–239—JAN. 2, 2013 

‘‘(B) by the proliferation of weapons of mass destruction, ballistic missiles, and cruise missiles. 

‘‘(2) The acquisition by foreign countries during the preceding 12 months of dual-use and other technology useful for 

the development or production of weapons of mass destruction 

(including nuclear weapons, chemical weapons, and biological 

weapons) and advanced conventional munitions. 

‘‘(3) Any trends with respect to the acquisition described 

in paragraph (2). 

‘‘(b) MATTERS INCLUDED.—Each report submitted under subsection (a) shall include the following: 

‘‘(1) Identification of each foreign country and non-State 

organization that possesses weapons of mass destruction, ballistic missiles, or cruise missiles, and a description of such 

weapons and missiles with respect to each such foreign country 

and non-State organization. 

‘‘(2) A description of the means by which any foreign 

country and non-State organization that has achieved, or is 

making progress toward achieving, capability with respect to 

weapons of mass destruction, ballistic missiles, or cruise missiles has achieved, or is making progress toward achieving, 

that capability, including a description of the international 

network of foreign countries and private entities that provide 

assistance to foreign countries and non-State organizations in 

achieving that capability. 

‘‘(3) An examination of the doctrines that guide the use 

of weapons of mass destruction in each foreign country that 

possesses such weapons. 

‘‘(4) An examination of the existence and implementation 

of the control mechanisms that exist with respect to nuclear 

weapons in each foreign country that possesses such weapons. 

‘‘(5) Identification of each foreign country and non-State 

organization that seeks to acquire or develop (indigenously 

or with foreign assistance) weapons of mass destruction, ballistic missiles, or cruise missiles, and a description of such 

weapons and missiles with respect to each such foreign country 

and non-State organization. 

‘‘(6) An assessment of various possible timelines for the 

achievement by foreign countries and non-State organizations 

of capability with respect to weapons of mass destruction, ballistic missiles, and cruise missiles, taking into account the 

probability of whether foreign countries that are a party to 

the Missile Technology Control Regime will comply with and 

enforce the regime, the potential availability of assistance from 

foreign technical specialists, and the potential for independent 

sales by foreign private entities without authorization from 

their national governments. 

‘‘(7) For each foreign country or non-State organization 

that has not achieved the capability to target the United States 

or its territories with weapons of mass destruction, ballistic 

missiles, or cruise missiles as of the date of the enactment 

of the National Defense Authorization Act for Fiscal Year 2013, 

an estimate of how far in advance the United States is likely 

to be warned before such foreign country or non-State organization achieves that capability. 

‘‘(8) For each foreign country or non-State organization 

that has not achieved the capability to target members of 


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PUBLIC LAW 112–239—JAN. 2, 2013 126 STAT. 1943 

the Armed Forces of the United States deployed abroad with 

weapons of mass destruction, ballistic missiles, or cruise missiles as of the date of the enactment of the National Defense 

Authorization Act for Fiscal Year 2013, an estimate of how 

far in advance the United States is likely to be warned before 

such foreign country or non-State organization achieves that 

capability. 

‘‘(c) CLASSIFICATION.—Each report submitted under subsection 

(a) shall be submitted in unclassified form, but may include a 

classified annex. 

‘‘(d) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In 

this section, the term ‘appropriate congressional committees’ means 

the following: 

‘‘(1) The congressional defense committees. 

‘‘(2) The congressional intelligence committees (as defined 

in section 3 of the National Security Act of 1947 (50 U.S.C. 

401a)). 

‘‘(3) The Speaker and the minority leader of the House 

of Representatives and the majority leader and the minority 

leader of the Senate.’’. 

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of the National Defense Authorization Act for Fiscal Year 

1998 (Public Law 105–85) is amended by striking the item relating 

to section 234 and inserting the following new item: 

‘‘Sec. 234. Reports on acquisition of technology relating to weapons of mass destruction and the threat posed by weapons of mass destruction, ballistic missiles, and cruise missiles.’’. 

(c) CONFORMING REPEAL.—Section 721 of the Intelligence 

Authorization Act for Fiscal Year 1997 (50 U.S.C. 2366) is repealed. 

SEC. 1066. REPORT ON FORCE STRUCTURE OF THE UNITED STATES 

ARMY. 

(a) REPORT REQUIRED.—Not later than 90 days after the date 

of the enactment of this Act, the Secretary of the Army shall 

submit to Congress a report on the force structure of the Army. 

(b) ELEMENTS OF REPORT.—The report required under subsection (a) shall include each of the following: 

(1) A description of the planning assumptions and scenarios 

used to determine the size and force structure of the United 

States Army, including the reserve component, for the Future 

Years Defense Program for fiscal years 2014 through 2018. 

(2) An evaluation of the adequacy of the proposed force 

structure for meeting the goals of the national military strategy 

of the United States. 

(3) A description of any alternative force structures considered, including the assessed advantages and disadvantages of 

each and a brief explanation of why those not selected were 

rejected. 

(4) The estimated resource requirements of each of the 

alternative force structures referred to in paragraph (3). 

(5) An independent risk assessment of the proposed Army 

force structure, to be conducted by the Chief of Staff of the 

Army. 

(6) Such other information as the Secretary of the Army 

determines is appropriate. 

(c) CLASSIFIED ANNEX.—The report required by subsection (a) 

shall be in unclassified form but may include a classified annex. 


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126 STAT. 1944 PUBLIC LAW 112–239—JAN. 2, 2013 

SEC. 1067. REPORT ON PLANNED EFFICIENCY INITIATIVES AT SPACE 

AND NAVAL WARFARE SYSTEMS COMMAND. 

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

this Act, the Secretary of the Navy shall submit to the congressional 

defense committees a report on plans to implement efficiency initiatives to reduce overhead costs at all echelons of the Space and 

Naval Warfare Systems Command (SPAWAR), including a detailed 

description of the long-term impacts on current and planned future 

mission requirements. 

SEC. 1068. REPORT ON MILITARY RESOURCES NECESSARY TO EXECUTE UNITED STATES FORCE POSTURE STRATEGY IN THE 

ASIA PACIFIC REGION. 

(a) REVIEW REQUIRED.— (1) IN GENERAL.—The Secretary of Defense shall, in consultation with the Chairman of the Joint Chiefs of Staff, conduct 

a comprehensive review of the national defense strategy, force 

structure, force modernization plans, infrastructure, budget 

plan, and other elements of the defense program and policies 

of the United States with regard to the Asia Pacific region 

to determine the resources, equipment, and transportation 

required to meet the strategic and operational plans of the 

United States. 

(2) ELEMENTS.—The review required under paragraph (1) 

shall include the following elements: 

(A) The force structure, force modernization plans, 

infrastructure, budget plan, and other elements of the 

defense program of the United States associated with the 

Asia Pacific region that would be required to execute 

successfully the full range of missions called for in the 

national defense strategy. 

(B) An estimate of the timing for initial and final 

operational capability for each unit based in, realigned 

within, or identified for support to the Asia Pacific region. 

(C) An assessment of the strategic and tactical sea, 

ground, and air transportation required for the forces 

assigned to the Asia Pacific region to meet strategic and 

operational plans. 

(D) The specific capabilities, including the general 

number and type of specific military platforms, their 

permanent station, and planned forward operating locations needed to achieve the strategic and warfighting objectives identified in the review. 

(E) The forward presence, phased deployments, prepositioning, and other anticipatory deployments of manpower or military equipment necessary for conflict deterrence and adequate military response to anticipated conflicts. 

(F) The budget plan that would be required to provide 

sufficient resources to execute successfully the full range 

of missions and phased operations in the Asia Pacific region 

at a low-to-moderate level of risk and any additional 

resources (beyond those programmed in the current futureyears defense program) required to achieve such a level 

of risk. 

(G) Budgetary recommendations that are not constrained to comply with and are fully independent of the 

Consultation. 


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PUBLIC LAW 112–239—JAN. 2, 2013 126 STAT. 1945 

budget submitted to Congress by the President pursuant 

to section 1105 of title 31, United States Code. 

(b) CJCS REVIEW.—Upon the completion of the review under 

subsection (a), the Chairman of the Joint Chiefs of Staff shall 

prepare and submit to the Secretary of Defense the Chairman’s 

assessment of the review, including the Chairman’s assessment 

of risk and a description of the capabilities needed to address 

such risk. 

(c) REPORT.— 

(1) IN GENERAL.—Not later than one year after the date 

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

submit to the congressional defense committees a report on 

the results of the review required under subsection (a). 

(2) CONTENT.—The report required under paragraph (1) 

shall include the following elements: 

(A) A description of the elements set forth under subsection (a)(1). 

(B) A description of the assumptions used in the examination, including assumptions relating to— 

(i) the status of readiness of the Armed Forces; 

(ii) the cooperation of allies and partners, missionsharing, and additional benefits to and burdens on 

the Armed Forces resulting from coalition operations; 

(iii) warning times; 

(iv) levels of engagement in operations other than 

war and smaller-scale contingencies and withdrawal 

from such operations and contingencies; 

(v) the intensity, duration, and military and political end-states of conflicts and smaller-scale contingencies; and 

(vi) the roles and responsibilities that would be 

discharged by contractors. 

(C) Any other matters the Secretary of Defense considers appropriate. 

(D) The full and complete assessment of the Chairman 

of the Joint Chiefs of Staff under subsection (b), including 

related comments of the Secretary of Defense. 

(3) FORM.—The report required under paragraph (1) may 

be submitted in classified or unclassified form. 

SEC. 1069. RIALTO-COLTON BASIN, CALIFORNIA, WATER RESOURCES 

STUDY. 

(a) IN GENERAL.—Not later than two years after the date of 

the enactment of this Act, the Secretary of the Interior, acting 

through the Director of the United States Geological Survey, shall 

complete a study of water resources in the Rialto-Colton Basin 

in the State of California (in this section referred to as the ‘‘Basin’’), 

including— 

(1) a survey of ground water resources in the Basin, 

including an analysis of— 

(A) the delineation, either horizontally or vertically, 

of the aquifers in the Basin, including the quantity of 

water in the aquifers; 

(B) the availability of ground water resources for 

human use; 

(C) the salinity of ground water resources; 

Assessment. 


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126 STAT. 1946 PUBLIC LAW 112–239—JAN. 2, 2013 

(D) the identification of a recent surge in perchlorate 

concentrations in ground water, whether significant sources 

are being flushed through the vadose zone, or if perchlorate 

is being remobilized; 

(E) the identification of impacts and extents of all 

source areas that contribute to the regional plume to be 

fully characterized; 

(F) the potential of the ground water resources to 

recharge; 

(G) the interaction between ground water and surface 

water; 

(H) the susceptibility of the aquifers to contamination, 

including identifying the extent of commingling of plume 

emanating within surrounding areas in San Bernardino 

County, California; and 

(I) any other relevant criteria; and 

(2) a characterization of surface and bedrock geology of 

the Basin, including the effect of the geology on ground water 

yield and quality. 

(b) COORDINATION.—The Secretary shall carry out the study 

in coordination with the State of California and any other entities 

that the Secretary determines to be appropriate, including other 

Federal agencies and institutions of higher education. 

(c) REPORT.—Upon completion of the study, the Secretary shall 

submit to the Committee on Energy and Natural Resources of 

the Senate and the Committee on Natural Resources of the House 

of Representatives a report that describes the results of the study. 

SEC. 1070. REPORTS ON THE POTENTIAL SECURITY THREAT POSED 

BY BOKO HARAM. 

(a) DIRECTOR OF NATIONAL INTELLIGENCE REPORT.—Not later 

than 180 days after the date of the enactment of this Act, the 

Director of National Intelligence shall submit to Congress a classified intelligence assessment of the Nigerian organization known 

as Boko Haram. Such assessment shall address the following: 

(1) The organizational structure, operational goals, and 

funding sources of Boko Haram. 

(2) The extent to which Boko Haram threatens the stability 

of Nigeria and surrounding countries. 

(3) The extent to which Boko Haram threatens the security 

of citizens of the United States or the national security or 

interests of the United States. 

(4) Any interaction between Boko Haram and al-Qaeda 

in the Islamic Maghreb or other al-Qaeda affiliates with respect 

to operational planning and execution, training, and funding. 

(5) The capacity of Nigerian security forces to counter the 

threat posed by Boko Haram and an assessment of the effectiveness of the strategy of the Nigerian government to date. 

(6) Any intelligence gaps with respect to the leadership, 

operational goals, and capabilities of Boko Haram. 

(b) SECRETARY OF STATE AND SECRETARY OF DEFENSE JOINT

REPORT.—Not later than 90 days after the date on which the 

report required by subsection (a) is submitted to Congress, the 

Secretary of State and the Secretary of Defense shall jointly submit 

to Congress a classified report describing the strategy of the United 

States to counter the threat posed by Boko Haram. 

Classified 

information. 

Assessment. 


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PUBLIC LAW 112–239—JAN. 2, 2013 126 STAT. 1947 

SEC. 1071. STUDY ON THE ABILITY OF NATIONAL TEST AND EVALUATION CAPABILITIES TO SUPPORT THE MATURATION OF 

HYPERSONIC TECHNOLOGIES FOR FUTURE DEFENSE SYSTEMS DEVELOPMENT. 

(a) STUDY REQUIRED.—The Director of the Office of Science 

and Technology Policy, working with the Secretary of Defense and 

the Administrator of the National Aeronautics and Space Administration (NASA), shall conduct a study on the ability of the national 

test and evaluation infrastructure, including ground test facilities 

and open air ranges of the Department of Defense, and leveraging 

NASA and private facilities, when appropriate, to effectively and 

efficiently mature hypersonic technologies for defense systems 

development in the short and long term. 

(b) REPORT AND PLAN.— 

(1) IN GENERAL.—Not later than one year after the date 

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

submit to the appropriate congressional committees a report 

containing the results of the study required under subsection 

(a) together with a plan for requirements and proposed investments to meet Department of Defense needs through 2030. 

(2) CONTENT.—The report required under paragraph (1) 

shall include the following elements: 

(A) An assessment of the current condition and adequacy of the hypersonics test and evaluation infrastructure 

within the Department of Defense, NASA, and the private 

sector to support hypersonic research and development 

within the Department of Defense. 

(B) An identification of test and evaluation infrastructure outside the Department of Defense that could be used 

to support Department of Defense hypersonic research and 

development and assess means to ensure the availability 

of such capabilities to the Department in the present and 

future. 

(C) A time-phased plan to acquire required hypersonics 

research, development, test and evaluation capabilities, 

including identification of the resources necessary to 

acquire any needed capabilities that are currently not available. 

(D) Other matters the Secretary determines are appropriate. 

(3) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.— In this subsection, the term ‘‘appropriate congressional committees’’ means— 

(A) the Committee on Armed Services and the Committee on Commerce, Science, and Transportation of the 

Senate; and 

(B) the Committee on Armed Services and the Committee on Science, Space, and Technology of the House 

of Representatives. 

Subtitle H—Other Matters 

SEC. 1076. TECHNICAL AND CLERICAL AMENDMENTS. 

(a) AMENDMENTS TO NATIONAL DEFENSE AUTHORIZATION ACT

FOR FISCAL YEAR 2012.—Effective as of December 31, 2011, and Effective date. 

10 USC 139c 

note. 


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126 STAT. 1948 PUBLIC LAW 112–239—JAN. 2, 2013 

as if included therein as enacted, the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112–81) is amended 

as follows: 

(1) Section 243(d) (125 Stat. 1344) is amended by striking 

‘‘paragraph’’ and inserting ‘‘subsection’’. 

(2) Section 323(b) (125 Stat. 1362) is amended by striking 

‘‘Section 328(b)(A)’’ and inserting ‘‘Section 328(b)(2)(A)’’. 

(3) Section 541(b) (125 Stat. 1407) is amended by striking 

‘‘, as amended by subsection (a),’’. 

(4) Section 589(b) (125 Stat. 1438) is amended by striking 

‘‘section 717’’ and inserting ‘‘section 2564’’. 

(5) Section 602(a)(2) (125 Stat. 1447) is amended by striking 

‘‘repairs,’’ and inserting ‘‘repairs’’. 

(6) Section 631(e)(28)(A) (125 Stat. 1464) is amended by 

striking ‘‘before ‘In addition’ ’’ and inserting ‘‘before ‘Under regulations’ ’’. 

(7) Section 631(f)(2) (125 Stat. 1464) is amended by striking 

‘‘table of chapter’’ and inserting ‘‘table of chapters’’. 

(8) Section 631(f)(3)(B) (125 Stat. 1465) is amended by 

striking ‘‘chapter 9’’ and inserting ‘‘chapter 10’’. 

(9) Section 631(f)(4) (125 Stat. 1465) is amended by striking 

‘‘subsection (c)’’ both places it appears and inserting ‘‘subsection 

(d)’’. 

(10) Section 801 (125 Stat. 1482) is amended— 

(A) in subsection (a)(1)(B), by striking ‘‘paragraphs (6) 

and (7)’’ and inserting ‘‘paragraphs (5) and (6)’’; 

(B) in subsection (a)(2), in the matter proposed to be 

inserted as a new paragraph, by striking the double closing 

quotation marks after ‘‘capabilities’’ and inserting a single 

closing quotation mark; and 

(C) in subsection (e)(1)(A), by striking ‘‘Point’’ in the 

matter proposed to be struck and inserting ‘‘Point A’’. 

(11) Section 806(d) (125 Stat. 1487) is amended by striking 

‘‘paragraph (2)’’ and inserting ‘‘subsection (c)(2)’’. 

(12) Section 832(b)(1) (125 Stat. 1504) is amended by 

striking ‘‘Defenese’’ and inserting ‘‘Defense’’. 

(13) Section 855 (125 Stat. 1521) is amended by striking 

‘‘Section 139e(b)(12)’’ and inserting ‘‘Section 139c(b)(12)’’. 

(14) Section 864(a)(2) (125 Stat. 1522) is amended by 

striking ‘‘for Acquisition Workforce Programs’’ in the matter 

proposed to be struck. 

(15) Section 864(d)(2) (125 Stat. 1525) is amended to read 

as follows: 

‘‘(2) in paragraph (6), by striking ‘ensure that amounts 

collected’ and all that follows through the end of the paragraph 

(as amended by section 526 of division C of Public Law 112– 

74 (125 Stat. 914)) and inserting ‘ensure that amounts collected 

under this section are not used for a purpose other than the 

activities set forth in section 1201(a) of this title.’.’’. 

(16) Section 866(a) (125 Stat. 1526) is amended by striking 

‘‘September 30’’ in the matter proposed to be struck and 

inserting ‘‘December 31’’. 

(17) Section 867 (125 Stat. 1526) is amended— 

(A) in paragraph (1), by striking ‘‘2010’’ in the matter 

proposed to be struck and inserting ‘‘2011’’; and 

(B) in paragraph (2), by striking ‘‘2013’’ in the matter 

proposed to be struck and inserting ‘‘2014’’. 

10 USC 2302 

note. 

15 USC 637 note. 

41 USC 1703. 

41 USC 1704. 

10 USC 139c. 

10 USC 2430 

note. 

10 USC 2302 

note. 

2 USC 906; 

5 USC 4109, 

5760; 10 USC 

701 note prec., 

1071 note, 1174a, 

1175, 1175a, 

1491, 1591 note; 

14 USC 512; 

32 USC 115; 

36 USC 2101; 

37 USC 403, 420, 

422. 

10 USC 2366a. 

37 USC 

prec. 551. 

37 USC 

prec. 101. 

37 USC 489. 

10 USC 7572. 

10 USC 

prec. 2551. 

10 USC 920b. 

10 USC 4544 

note. 


dkrause on DSKHT7XVN1PROD with KATH
PUBLIC LAW 112–239—JAN. 2, 2013 126 STAT. 1949 

(18) Section 933(c) (125 Stat. 1544; 10 U.S.C. 2330 note) 

is amended by striking ‘‘of this title’’ in the matter proposed 

to be inserted and inserting ‘‘of title 10, United States Code’’. 

(19) Section 1045(c)(1) (125 Stat. 1577) is amended by 

striking ‘‘described in subsection (b)’’ and inserting ‘‘described 

in paragraph (2)’’. 

(20) Section 1067 (125 Stat. 1589) is amended— 

(A) by striking subsection (a); and 

(B) by striking the subsection designation and the subsection heading of subsection (b). 

(21) Section 2702 (125 Stat. 1681) is amended— 

(A) in the section heading, by striking ‘‘AUTHORIZED’’ 

and inserting ‘‘AUTHORIZATION OF APPROPRIATIONS FOR’’; 

and 

(B) by striking ‘‘Using amounts’’ and all that follows 

through ‘‘may carry out’’ and inserting ‘‘Funds are hereby 

authorized to be appropriated for fiscal years beginning 

after September 30, 2011, for’’. 

(22) Section 2815(c) (125 Stat. 1689) is amended by 

inserting ‘‘subchapter III of’’ before ‘‘chapter 169’’. 

(b) AMENDMENTS TO IKE SKELTON NATIONAL DEFENSE

AUTHORIZATION ACT FOR FISCAL YEAR 2011.—Effective as of 

January 7, 2011, and as if included therein as enacted, the Ike 

Skelton National Defense Authorization Act for Fiscal Year 2011 

(Public Law 111–383) is amended as follows: 

(1) Section 358(c)(3) (124 Stat. 4199) is amended by striking 

‘‘fulfil’’ and inserting ‘‘fulfill’’. 

(2) Section 533(b) (124 Stat. 4216) is amended by inserting 

‘‘Section’’ before ‘‘1559(a)’’. 

(3) Section 896(a) (124 Stat. 4314) is amended by striking 

‘‘Chapter 7’’ and inserting ‘‘Chapter 4’’. 

(4) Section 1075(b)(50)(C) (124 Stat. 4371) is amended by 

striking ‘‘subsection (j)(1)’’ and inserting ‘‘subsection (j)’’. 

(5) Section 1203(a) (124 Stat. 4386) is amended in the 

matter preceding paragraph (1) by striking ‘‘Fiscal Year 2009’’ 

and inserting ‘‘Fiscal Year 2008’’. 

(c) AMENDMENTS TO REFLECT REDESIGNATION OF CERTAIN POSITIONS IN OFFICE OF SECRETARY OF DEFENSE.— 

(1) ASSISTANT SECRETARY OF DEFENSE FOR NUCLEAR, CHEMICAL, AND BIOLOGICAL DEFENSE PROGRAMS.—Section 1605(a)(5) 

of the National Defense Authorization Act for Fiscal Year 1994 

(Public Law 103–160; 22 U.S.C. 2751 note) is amended by 

striking ‘‘The Assistant to the Secretary of Defense for Nuclear 

and Chemical and Biological Defense Programs’’ and inserting 

‘‘The Assistant Secretary of Defense for Nuclear, Chemical, 

and Biological Defense Programs’’. 

(2) ASSISTANT SECRETARY OF DEFENSE FOR RESEARCH AND

ENGINEERING.— 

(A) The following provisions are amended by striking 

‘‘Director of Defense Research and Engineering’’ and 

inserting ‘‘Assistant Secretary of Defense for Research and 

Engineering’’: 

(i) Sections 2362(a)(1) and 2521(e)(5) of title 10, 

United States Code. 

(ii) Section 241(c) of the National Defense 

Authorization Act for Fiscal Year 2006 (Public Law 

109–163; 10 U.S.C. 2521 note). 

10 USC 9515. 

10 USC 139c. 

10 USC 1559. 

49 USC 44718 

note. 

10 USC 139c 

note. 

Effective date. 

10 USC 

prec. 2851. 

50 USC 2911. 

15 USC 638. 

50 USC 2523b. 


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126 STAT. 1950 PUBLIC LAW 112–239—JAN. 2, 2013 

(iii) Section 212(b) of the Ronald W. Reagan 

National Defense Authorization Act for Fiscal Year 

2005 (Public Law 108–375; 10 U.S.C. 2358 note). 

(iv) Section 246(d)(1) of the Bob Stump National 

Defense Authorization Act for Fiscal Year 2003 (Public 

Law 107–314; 10 U.S.C. 2358 note). 

(v) Section 257(a) of the National Defense 

Authorization Act for Fiscal Year 1995 (Public Law 

103–337; 10 U.S.C. 2358 note). 

(vi) Section 1101(b)(1)(D) of the Strom Thurmond 

National Defense Authorization Act for Fiscal Year 

1999 (Public Law 105–261; 5 U.S.C. 3104 note). 

(vii) Section 802(g)(1)(B)(ii) of the Higher Education Opportunity Act (20 U.S.C. 9631(g)(1)(B)(ii)). 

(B) Section 2365 of title 10, United States Code, is 

amended— 

(i) in subsection (a), by inserting ‘‘of Defense for 

Research and Engineering’’ after ‘‘Assistant Secretary’’; 

and 

(ii) in subsection (d)(3)(A), by striking ‘‘Director’’ 

and inserting ‘‘Assistant Secretary’’. 

(C) Section 256 of the National Defense Authorization 

Act for Fiscal Year 2006 (Public Law 109–163; 10 U.S.C. 

1071 note) is amended in subsections (b)(4) and (d) by 

striking ‘‘Director, Defense’’ and inserting ‘‘Assistant Secretary of Defense for’’. 

(D) Section 1504 of the Duncan Hunter National 

Defense Authorization Act for Fiscal Year 2009 (Public 

Law 110–417; 10 U.S.C. 2358 note) is amended— 

(i) in subsection (a), by striking ‘‘Director of 

Defense’’ and inserting ‘‘Assistant Secretary of Defense 

for’’; and 

(ii) in subsection (b)(9), by striking ‘‘the Director 

of the’’ and all that follows through ‘‘Engineering’’ and 

inserting ‘‘the Director and the Assistant Secretary’’. 

(E) Section 802 of the National Defense Authorization 

Act for Fiscal Year 1994 (Public Law 103–160; 10 U.S.C. 

2358 note) is amended— 

(i) in subsection (a), by striking ‘‘Director of 

Defense’’ and inserting ‘‘Assistant Secretary of Defense 

for’’; 

(ii) in subsections (b), (d), and (e), by striking 

‘‘Director’’ and inserting ‘‘Assistant Secretary’’; and 

(iii) in subsection (f), by striking ‘‘Not later than’’ 

and all that follows through ‘‘the Director’’ and 

inserting ‘‘The Assistant Secretary’’. 

(F) Section 214 of the National Defense Authorization 

Act for Fiscal Year 2008 (Public Law 110–181; 10 U.S.C. 

2521 note) is amended by striking ‘‘unless the’’ and all 

that follows through ‘‘ensures’’ and inserting ‘‘unless the 

Assistant Secretary of Defense for Research and 

Engineering ensures’’. 

(3) ASSISTANT SECRETARY OF DEFENSE FOR OPERATIONAL

ENERGY PLANS AND PROGRAMS.—Section 2925(b) of title 10, 

United States Code, is amended— 

(A) in paragraph (1), by striking ‘‘Director of’’ and 

inserting ‘‘Assistant Secretary of Defense for’’; and 


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PUBLIC LAW 112–239—JAN. 2, 2013 126 STAT. 1951 

(B) in paragraph (2)(G), by striking ‘‘Director’’ both 

places it appears and inserting ‘‘Assistant Secretary’’. 

(d) CROSS-REFERENCE AMENDMENTS IN TITLE 10.—Title 10, 

United States Code, is amended as follows: 

(1) Section 1722b(c) is amended— 

(A) in paragraph (3), by striking ‘‘subsections (b)(2)(A) 

and (b)(2)(B)’’ and inserting ‘‘subsections (b)(1)(A) and 

(b)(1)(B)’’; and 

(B) in paragraph (4), by striking ‘‘1734(d), or 1736(c)’’ 

and inserting ‘‘or 1734(d)’’. 

(2) Section 1787(b) is amended— 

(A) by striking ‘‘section 3(1)’’ and inserting ‘‘section 

3’’; and 

(B) by striking ‘‘42 U.S.C. 5102’’ and inserting ‘‘Public 

Law 93–247; 42 U.S.C. 5101 note’’. 

(3) Section 2382(b)(1) is amended by inserting ‘‘of the Small 

Business Act (15 U.S.C. 657q(c)(4))’’ after ‘‘section 44(c)(4)’’. 

(4) Section 2474(d) is amended by striking ‘‘section 2667(d)’’ 

and inserting ‘‘section 2667(e)’’. 

(5) Section 2548(e)(2) is amended by striking ‘‘section 103(f) 

of the Weapon Systems Acquisition Reform Act of 2009 (10 

U.S.C. 2430 note),’’ and inserting ‘‘section 2438(f) of this title’’. 

(6) Section 2925 is amended— 

(A) in subsection (a)(1), by striking ‘‘section 533’’ and 

inserting ‘‘section 553’’; and 

(B) in subsection (b)(1), by striking ‘‘section 139b’’ and 

inserting ‘‘section 138c’’. 

(e) DATE OF ENACTMENT REFERENCES.—Title 10, United States 

Code, is amended as follows: 

(1) Section 1564(a)(2)(B) is amended by striking ‘‘the date 

of the enactment of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011’’ in clauses (ii) and (iii) and 

inserting ‘‘January 7, 2011’’. 

(2) Section 2216a(e) is amended by striking ‘‘on the last 

day of’’ and all that follows and inserting ‘‘on September 30, 

2015.’’. 

(3) Section 2359b(k)(5) is amended by striking ‘‘the date 

that is five years after the date of the enactment of this Act’’ 

and inserting ‘‘January 7, 2016’’. 

(4) Section 2649(c) is amended by striking ‘‘During the 

5-year period beginning on the date of the enactment of the 

Ike Skelton National Defense Authorization Act for Fiscal Year 

2011’’ and inserting ‘‘Until January 6, 2016’’. 

(5) Section 2790(g)(1) is amended by striking ‘‘on or after 

the date of the enactment of the Ike Skelton National Defense 

Authorization Act for Fiscal Year 2011’’ and inserting ‘‘after 

January 6, 2011,’’. 

(6) Sections 3911(b)(2), 6323(a)(2)(B), and 8911(b)(2) are 

amended by striking ‘‘the date of the enactment of the Ike 

Skelton National Defense Authorization Act for Fiscal Year 

2011’’ and inserting ‘‘January 7, 2011,’’. 

(7) Section 10217(d)(3) is amended by striking ‘‘after the 

end of the 2-year period beginning on the date of the enactment 

of this subsection’’ and inserting ‘‘after January 6, 2013’’. 

(f) OTHER MISCELLANEOUS AMENDMENTS TO TITLE 10.—Title 

10, United States Code, is amended as follows: 


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126 STAT. 1952 PUBLIC LAW 112–239—JAN. 2, 2013 

(1) Section 113(c)(2) is amended by striking ‘‘on’’ after 

‘‘Board on’’. 

(2) The table of sections at the beginning of chapter 4 

is amended by striking the item relating to section 133b. 

(3) Paragraph (3) of section 138(c), as added by section 

314(a) of the National Defense Authorization Act for Fiscal 

Year 2012 (Public Law 112–81; 125 Stat. 1357), is transferred 

to appear at the end of section 138c(c). 

(4) Section 139a(d)(4) is amended by adding a period at 

the end. 

(5) Section 139b(a)(6) is amended by striking ‘‘propriety’’ 

and inserting ‘‘proprietary’’. 

(6) The item relating to section 225 at the end of the 

table of sections at the beginning of chapter 9 is transferred 

to appear after the item relating to section 224. 

(7) Section 401(d) is amended by striking ‘‘Committee on 

International Relations’’ and inserting ‘‘Committee on Foreign 

Affairs’’. 

(8) Section 843(b)(2)(B)(v) (article 43 of the Uniform Code 

of Military Justice) is amended by striking ‘‘Kidnaping,,’’ and 

inserting ‘‘Kidnaping,’’. 

(9) Section 920(g)(7) (article 120 of the Uniform Code of 

Military Justice) is amended by striking the second period 

at the end. 

(10) Section 983(b)(1) is amended by striking ‘‘or Secretary’’ 

and inserting ‘‘or the Secretary’’. 

(11) Section 1086(b)(1) is amended by striking ‘‘clause (2)’’ 

and inserting ‘‘paragraph (2)’’. 

(12) Section 1142(b)(10) is amended by striking ‘‘training,,’’ 

and inserting ‘‘training,’’. 

(13) Section 1143(a) is amended by inserting after ‘‘Coast 

Guard’’ the following: ‘‘when it is not operating as a service 

in the Navy’’. 

(14) Section 1143a(h) is amended by inserting after ‘‘Coast 

Guard’’ the second place it appears the following: ‘‘when it 

is not operating as a service in the Navy’’. 

(15) Section 1145(e) is amended by inserting before the 

period at the end the following: ‘‘when the Coast Guard is 

not operating as a service in the Navy’’. 

(16) Section 1146(b) is amended by inserting before the 

period at the end the following: ‘‘when the Coast Guard is 

not operating as a service in the Navy’’. 

(17) Section 1149 is amended by inserting after ‘‘Coast 

Guard’’ the following: ‘‘when it is not operating as a service 

in the Navy’’. 

(18) Section 1150(c) is amended by inserting after ‘‘Coast 

Guard’’ the second place it appears the following: ‘‘when it 

is not operating as a service in the Navy’’. 

(19) Section 1401(a) is amended by striking ‘‘columns 1, 

2, 3, and 4,’’ in the matter preceding the table and inserting 

‘‘columns 1, 2, and 3,’’. 

(20) Section 1599a(a) is amended by striking ‘‘National 

Security Act’’ and inserting ‘‘National Security Agency Act’’. 

(21) Section 1781(a) is amended— 

(A) in the first sentence, by striking ‘‘Director’’ and 

inserting ‘‘Office’’; 

(B) in the first sentence, by striking ‘‘hereinafter’’; and 

10 USC 

prec. 221. 

10 USC 138, 

138c. 

10 USC 

prec. 131. 


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PUBLIC LAW 112–239—JAN. 2, 2013 126 STAT. 1953 

(C) in the second sentence, by striking ‘‘office’’ both 

places it appears and inserting ‘‘Office’’. 

(22) Section 1790, as added by section 8070 of division 

A of Public 112–74 (125 Stat. 822), is amended— 

(A) by striking the section heading and inserting the 

following: 

‘‘§ 1790. Military personnel citizenship processing’’; 

(B) by striking ‘‘AUTHORIZATION OF PAYMENTS.—’’; 

(C) by striking ‘‘title 10, United States Code’’ and 

inserting ‘‘this title’’; 

(D) by striking ‘‘8 U.S.C. §§ 1439’’ and inserting ‘‘8 

U.S.C. 1439’’; and 

(E) by striking ‘‘sections 286(m) and (n) of such Act 

(8 U.S.C. § 1356(m))’’ and inserting ‘‘subsections (m) and 

(n) of section 286 of such Act (8 U.S.C. 1356)’’. 

(23) Section 2006(b)(2) is amended by redesignating the 

second subparagraph (E) (as added by section 109(b)(2)(B) of 

Public Law 111–377 (124 Stat. 4120), effective August 1, 2011) 

as subparagraph (F). 

(24) Section 2318(a)(2) is amended by striking ‘‘section 

1705(b) and (c)’’ and inserting ‘‘subsections (b) and (c) of section 

1705’’. 

(25) Section 2350m(e) is amended by striking ‘‘Not later 

than October 31, 2009, and annually thereafter’’ and inserting 

‘‘Not later than October 31 each year’’. 

(26) Section 2401 is amended by striking ‘‘the Committee 

on Armed Services and the Committee on Appropriations of 

the Senate and the Committee on Armed Services and the 

Committee on Appropriations of the House of Representatives’’ 

in subsections (b)(1)(B) and (h)(1) and inserting ‘‘the congressional defense committees’’. 

(27) Section 2438(a)(3) is amended by inserting ‘‘the senior’’ 

before ‘‘official’s’’. 

(28) Section 2461(d)(2) is amended by striking ‘‘that Act’’ 

and inserting ‘‘such section’’. 

(29) Section 2533a(k) is amended by striking 

‘‘FedBizOps.gov’’ and inserting ‘‘FedBizOpps.gov’’. 

(30) Section 2548 is amended— 

(A) in subsection (a)— 

(i) by striking ‘‘Not later than’’ and all that follows 

through ‘‘the Secretary’’ and inserting ‘‘The Secretary’’; 

and 

(ii) by adding a period at the end of paragraph 

(3); 

(B) in subsection (d)— 

(i) in the subsection heading, by inserting ‘‘AND’’ 

after ‘‘PERFORMANCE’’ the second place it appears; and 

(ii) by striking ‘‘Beginning with fiscal year 2012, 

the’’ and inserting ‘‘The’’; and 

(C) in subsection (e)(1), by striking ‘‘, United States 

Code,’’. 

(31) Section 2561(f)(2) is amended by striking ‘‘Committee 

on International Relations’’ and inserting ‘‘Committee on Foreign Affairs’’. 


dkrause on DSKHT7XVN1PROD with KATH
126 STAT. 1954 PUBLIC LAW 112–239—JAN. 2, 2013 

(32) Section 2601a(a)(1) is amended by inserting after 

‘‘Coast Guard’’ the first place it appears the following: ‘‘when 

it is not operating as a service in the Navy’’. 

(33) Section 2687(f) is amended by striking ‘‘at a result’’ 

and inserting ‘‘as a result’’. 

(34) Section 2687a is amended— 

(A) in subsection (a), by striking ‘‘Foreign relations’’ 

and inserting ‘‘Foreign Relations’’; and 

(B) in subsection (b)(1)— 

(i) by striking the comma after ‘‘including’’; and 

(ii) by striking ‘‘The Treaty’’ and inserting ‘‘the 

Treaty’’. 

(35) Section 2835 is amended— 

(A) in subsection (a), by inserting after ‘‘Coast Guard’’ 

the following: ‘‘when it is not operating as a service in 

the Navy’’; and 

(B) in subsection (g)(1), by inserting after ‘‘Coast 

Guard’’ the following: ‘‘when it is not operating as a service 

in the Navy’’. 

(36) Section 2836 is amended— 

(A) in subsection (a), by inserting after ‘‘Coast Guard’’ 

the following: ‘‘when it is not operating as a service in 

the Navy’’; and 

(B) in paragraphs (4)(B) and (11) of subsection (c), 

by inserting after ‘‘Coast Guard’’ the following: ‘‘when it 

is not operating as a service in the Navy’’. 

(37) Section 3201(a) is amended by striking ‘‘(beginning 

with fiscal year 1999)’’. 

(38) Section 4342 is amended— 

(A) in subsection (b)— 

(i) in paragraph (1), by striking ‘‘clause’’ both 

places it appears and inserting ‘‘paragraph’’; and 

(ii) in paragraph (5), by striking ‘‘clauses’’ and 

inserting ‘‘paragraphs’’; 

(B) in subsection (d), by striking ‘‘clauses’’ and inserting 

‘‘paragraphs’’; and 

(C) in subsection (f), by striking ‘‘clauses’’ and inserting 

‘‘paragraphs’’. 

(39) Section 4343 is amended by striking ‘‘clauses’’ and 

inserting ‘‘paragraphs’’. 

(40) Section 6954 is amended— 

(A) in subsection (b)— 

(i) in paragraph (1), by striking ‘‘clause’’ both 

places it appears and inserting ‘‘paragraph’’; and 

(ii) in paragraph (5), by striking ‘‘clauses’’ and 

inserting ‘‘paragraphs’’; and 

(B) in subsection (d), by striking ‘‘clauses’’ and inserting 

‘‘paragraphs’’. 

(41) Section 6956(b) is amended by striking ‘‘clauses’’ and 

inserting ‘‘paragraphs’’. 

(42) Section 9342 is amended— 

(A) in subsection (b)— 

(i) in paragraph (1), by striking ‘‘clause’’ both 

places it appears and inserting ‘‘paragraph’’; and 

(ii) in paragraph (5), by striking ‘‘clauses’’ and 

inserting ‘‘paragraphs’’; 


dkrause on DSKHT7XVN1PROD with KATH
PUBLIC LAW 112–239—JAN. 2, 2013 126 STAT. 1955 

(B) in subsection (d), by striking ‘‘clauses’’ and inserting 

‘‘paragraphs’’; and 

(C) in subsection (f), by striking ‘‘clauses’’ and inserting 

‘‘paragraphs’’. 

(43) Section 9343 is amended by striking ‘‘clauses’’ and 

inserting ‘‘paragraphs’’. 

(44) Section 9515(b) is amended by striking ‘‘required by’’ 

and all the follows through ‘‘2008’’ and inserting ‘‘required 

by section 356 of the National Defense Authorization Act for 

Fiscal Year 2008’’. 

(45) Section 10217(c)(3) is amended by striking ‘‘consider’’ 

and inserting ‘‘considered’’. 

(g) REPEAL OF EXPIRED PROVISIONS.—Title 10, United States 

Code, is amended as follows: 

(1) Section 1108 is amended— 

(A) by striking subsections (j) and (k); and 

(B) by redesignating subsection (l) as subsection (j). 

(2) Section 2325 is amended by striking subsection (b) 

and redesignating subsection (c) as subsection (b). 

(3) Section 2349a is repealed, and the table of sections 

at the beginning of subchapter I of chapter 138 is amended 

by striking the item relating to that section. 

(4) Section 2374b is repealed, and the table of sections 

at the beginning of chapter 139 is amended by striking the 

item relating to that section. 

(h) AMENDMENTS TO TITLE 37.—Title 37, United States Code, 

is amended as follows: 

(1) Section 310(c)(1) is amended by striking ‘‘section for 

for’’ and inserting ‘‘section for’’. 

(2) Section 431, as transferred to chapter 8 of such title 

by section 631(d)(2) of the National Defense Authorization Act 

for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 1460), 

is redesignated as section 491. 

(3) Section 501(a)(5) is amended by striking ‘‘a reserve 

a component’’ and inserting ‘‘a reserve component’’. 

(i) AMENDMENT TO TITLE 46.—Section 51301(a) of title 46, 

United States Code, is amended in the heading by striking ‘‘IN 

GENERAL’’ and inserting ‘‘IN GENERAL’’. 

(j) DUPLICATIVE PROVISION IN ARMED FORCES RETIREMENT

HOME ACT OF 1991.—Section 1511(d) of the Armed Forces Retirement Home Act of 1991 (24 U.S.C. 411(d)) is amended by striking 

the first paragraph (3), leaving the second paragraph (3) added 

by section 561 of Public Law 112–81 (125 Stat. 1420). 

(k) CROSS REFERENCES AND DATE OF ENACTMENT REFERENCES

IN REINSTATEMENT OF TEMPORARY EARLY RETIREMENT

AUTHORITY.—Section 4403 of the National Defense Authorization 

Act for Fiscal Year 1993 (Public Law 102–484; 10 U.S.C. 1293 

note), as amended by section 504(b) of the National Defense 

Authorization Act for Fiscal Year 2012 (Public Law 112–81; 125 

Stat. 1391), is amended— 

(1) in subsection (c)(2)— 

(A) in subparagraph (A), by striking ‘‘1995 (’’ and 

inserting ‘‘1995 (Public Law 103–337;’’; and 

(B) in subparagraph (B), by striking ‘‘1995’’ and 

inserting ‘‘1996’’; 

10 USC 2351 

prec. 

10 USC 2341 

prec. 


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126 STAT. 1956 PUBLIC LAW 112–239—JAN. 2, 2013 

(2) in subsection (h), by striking ‘‘the date of the enactment 

of the National Defense Authorization Act for Fiscal Year 2012’’ 

and inserting ‘‘December 31, 2011,’’; and 

(3) in subsection (i)(2), by striking ‘‘the date of the enactment of the National Defense Authorization Act for Fiscal Year 

2012’’ and inserting ‘‘December 31, 2011,’’. 

(l) CORRECTION OF ERRONEOUS AMENDMENT INSTRUCTIONS.— Effective as of August 10, 2012, and as if included therein as 

enacted, section 2(c)(3) of Public Law 112–166 (126 Stat. 1284) 

is amended by striking ‘‘Selective Service Act of 1948’’ and inserting 

‘‘Military Selective Service Act’’. 

(m) COORDINATION WITH OTHER AMENDMENTS MADE BY THIS

ACT.—For purposes of applying amendments made by provisions 

of this Act other than this section, the amendments made by this 

section shall be treated as having been enacted immediately before 

any amendment made by other provisions of this Act. 

SEC. 1077. SENSE OF CONGRESS ON RECOGNIZING AIR MOBILITY COMMAND ON ITS 20TH ANNIVERSARY. 

(a) FINDINGS.—Congress finds the following: 

(1) On June 1, 1992, Air Mobility Command was established as the Air Force’s functional command for cargo and 

passenger delivery, air refueling, and aeromedical evacuation. 

(2) As the lead Major Command for all Mobility Air Forces, 

Air Mobility Command ensures that the Air Force’s core functions of global vigilance, power, and reach are fulfilled. 

(3) The ability of the United States to rapidly respond 

to humanitarian disasters and the outbreak of hostilities anywhere in the world truly defines the United States as a global 

power. 

(4) Mobility Air Forces Airmen are unified by one single 

purpose: to answer the call of others so they may prevail. 

(5) The United States’ hand of friendship to the world 

many times takes the form of Mobility Air Forces aircraft 

delivering humanitarian relief. Since its inception, Air Mobility 

Command has provided forces for 43 humanitarian relief efforts 

at home and abroad, from New Orleans, Louisiana, to Bam, 

Iran. 

(6) A Mobility Air Forces aircraft departs every 2 minutes, 

365 days a year. Since September 11, 2001, Mobility Air Forces 

aircraft have flown 18.9 million passengers, 6.8 million tons 

of cargo, and offloaded 2.2 billion pounds of fuel. Many of 

these flights have assisted combat aircraft protection United 

States forces from overhead. 

(7) The United States keeps its solemn promise to its 

men and women in uniform with Air Mobility Command, accomplishing 186,940 patient movements since the beginning of 

Operation Iraqi Freedom. 

(8) Mobility Air Forces Airmen reflect the best values of 

the Nation: delivering hope, saving lives, and fueling the fight. 

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

on the occasion of the 20th anniversary of the establishment of 

Air Mobility Command, the people of the United States should— 

(1) recognize the critical role that Mobility Air Forces play 

in the Nation’s defense; and 

(2) express appreciation for the leadership of Air Mobility 

Command and the more than 134,000 active-duty, Air National 

Applicability. 

10 USC 101 note. 

50 USC app. 460 

and note. 

Effective date. 


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PUBLIC LAW 112–239—JAN. 2, 2013 126 STAT. 1957 

Guard, Air Force Reserve, and Department of Defense civilians 

that make up the command. 

SEC. 1078. DISSEMINATION ABROAD OF INFORMATION ABOUT THE 

UNITED STATES. 

(a) UNITED STATES INFORMATION AND EDUCATIONAL EXCHANGE

ACT OF 1948.—Section 501 of the United States Information and 

Educational Exchange Act of 1948 (22 U.S.C. 1461) is amended 

to read as follows: 

‘‘GENERAL AUTHORIZATION

‘‘SEC. 501. (a) The Secretary and the Broadcasting Board of 

Governors are authorized to use funds appropriated or otherwise 

made available for public diplomacy information programs to provide for the preparation, dissemination, and use of information 

intended for foreign audiences abroad about the United States, 

its people, and its policies, through press, publications, radio, motion 

pictures, the Internet, and other information media, including social 

media, and through information centers, instructors, and other 

direct or indirect means of communication. 

‘‘(b)(1) Except as provided in paragraph (2), the Secretary and 

the Broadcasting Board of Governors may, upon request and 

reimbursement of the reasonable costs incurred in fulfilling such 

a request, make available, in the United States, motion pictures, 

films, video, audio, and other materials disseminated abroad pursuant to this Act, the United States International Broadcasting Act 

of 1994 (22 U.S.C. 6201 et seq.), the Radio Broadcasting to Cuba 

Act (22 U.S.C. 1465 et seq.), or the Television Broadcasting to 

Cuba Act (22 U.S.C. 1465aa et seq.). Any reimbursement pursuant 

to this paragraph shall be credited to the applicable appropriation 

account of the Department of State or the Broadcasting Board 

of Governors, as appropriate. The Secretary and the Broadcasting 

Board of Governors shall issue necessary regulations— 

‘‘(A) to establish procedures to maintain such material; 

‘‘(B) for reimbursement of the reasonable costs incurred 

in fulfilling requests for such material; and 

‘‘(C) to ensure that the persons seeking release of such 

material have secured and paid for necessary United States 

rights and licenses. 

‘‘(2) With respect to material disseminated abroad before the 

effective date of section 1078 of the National Defense Authorization 

Act for Fiscal Year 2013— 

‘‘(A) the Secretary and the Broadcasting Board of Governors 

shall make available to the Archivist of the United States, 

for domestic distribution, motion pictures, films, videotapes, 

and other material 12 years after the initial dissemination 

of the material abroad; and 

‘‘(B) the Archivist shall be the official custodian of the 

material and shall issue necessary regulations to ensure that 

persons seeking its release in the United States have secured 

and paid for necessary United States rights and licenses and 

that all costs associated with the provision of the material 

by the Archivist shall be paid by the persons seeking its release, 

in accordance with paragraph (4). 

‘‘(3) The Archivist may undertake the functions described in 

paragraph (1) on behalf of and at the request of the Secretary 

or the Broadcasting Board of Governors. 

Regulations. 

Historic 

preservation. 

Procedures. 

Regulations. 


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126 STAT. 1958 PUBLIC LAW 112–239—JAN. 2, 2013 

‘‘(4) The Archivist may charge fees to recover the costs described 

in paragraphs (1) and (2), in accordance with section 2116(c) of 

title 44, United States Code. Such fees shall be paid into, administered, and expended as part of the National Archives Trust Fund. 

‘‘(c) Nothing in this section may be construed to require the 

Secretary or the Broadcasting Board of Governors to make material 

disseminated abroad available in any format other than in the 

format disseminated abroad.’’. 

(b) RULE OF CONSTRUCTION.—Nothing in this section, or in 

the United States Information and Educational Exchange Act of 

1948 (22 U.S.C. 1431 et seq.), may be construed to affect the 

allocation of funds appropriated or otherwise made specifically available for public diplomacy or to authorize appropriations for Broadcasting Board of Governors programming other than for foreign 

audiences abroad. 

(c) FOREIGN RELATIONS AUTHORIZATION ACT, FISCAL YEARS

1986 AND 1987.—Section 208 of the Foreign Relations Authorization 

Act, Fiscal Years 1986 and 1987 (22 U.S.C. 1461–1a) is amended 

to read as follows: 

‘‘SEC. 208. CLARIFICATION ON DOMESTIC DISTRIBUTION OF PROGRAM 

MATERIAL. 

‘‘(a) IN GENERAL.—No funds authorized to be appropriated to 

the Department of State or the Broadcasting Board of Governors 

shall be used to influence public opinion in the United States. 

This section shall apply only to programs carried out pursuant 

to the United States Information and Educational Exchange Act 

of 1948 (22 U.S.C. 1431 et seq.), the United States International 

Broadcasting Act of 1994 (22 U.S.C. 6201 et seq.), the Radio Broadcasting to Cuba Act (22 U.S.C. 1465 et seq.), and the Television 

Broadcasting to Cuba Act (22 U.S.C. 1465aa et seq.). This section 

shall not prohibit or delay the Department of State or the Broadcasting Board of Governors from providing information about its 

operations, policies, programs, or program material, or making such 

available, to the media, public, or Congress, in accordance with 

other applicable law. 

‘‘(b) RULE OF CONSTRUCTION.—Nothing in this section shall 

be construed to prohibit the Department of State or the Broadcasting Board of Governors from engaging in any medium or form 

of communication, either directly or indirectly, because a United 

States domestic audience is or may be thereby exposed to program 

material, or based on a presumption of such exposure. Such material 

may be made available within the United States and disseminated, 

when appropriate, pursuant to sections 502 and 1005 of the United 

States Information and Educational Exchange Act of 1948 (22 

U.S.C. 1462 and 1437), except that nothing in this section may 

be construed to authorize the Department of State or the Broadcasting Board of Governors to disseminate within the United States 

any program material prepared for dissemination abroad on or 

before the effective date of section 1078 of the National Defense 

Authorization Act for Fiscal Year 2013. 

‘‘(c) APPLICATION.—The provisions of this section shall apply 

only to the Department of State and the Broadcasting Board of 

Governors and to no other department or agency of the Federal 

Government.’’. 

(d) CONFORMING AMENDMENTS.—The United States Information 

and Educational Exchange Act of 1948 is amended— 

22 USC 1461 

note. 


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PUBLIC LAW 112–239—JAN. 2, 2013 126 STAT. 1959 

(1) in section 502 (22 U.S.C. 1462)— 

(A) by inserting ‘‘and the Broadcasting Board of Governors’’ after ‘‘Secretary’’; and 

(B) by inserting ‘‘or the Broadcasting Board of Governors’’ after ‘‘Department’’; and 

(2) in section 1005 (22 U.S.C. 1437), by inserting ‘‘and 

the Broadcasting Board of Governors’’ after ‘‘Secretary’’ each 

place it appears. 

(e) EFFECTIVE DATE.—This section shall take effect and apply 

on the date that is 180 days after the date of the enactment 

of this section. 

SEC. 1079. COORDINATION FOR COMPUTER NETWORK OPERATIONS. 

(a) BRIEFING.—Not later than 90 days after the date of the 

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

the Committees on Armed Services of the Senate and House of 

Representatives a briefing on the interagency process for coordinating and de-conflicting full-spectrum military cyber operations 

for the Federal Government. 

(b) ELEMENTS.— The briefing required under subsection (a) 

shall include a description of each of the following: 

(1) The business processes and rules governing the interagency process for coordinating and de-conflicting full-spectrum 

military cyber operations. 

(2) The membership and responsibilities of such interagency process. 

(3) The current status of interagency guidance clarifying 

roles and responsibilities for full-spectrum military cyber operations. 

(4) Plans for implementing the planning and guidance from 

such interagency process. 

(c) BUDGET JUSTIFICATION DOCUMENTS.—The Secretary of 

Defense shall submit to the congressional defense committees dedicated budget documentation materials to accompany the budget 

submissions for fiscal year 2015 and each subsequent fiscal year, 

including a single Department of Defense-wide budget estimate 

and detailed budget planning data for full-spectrum military cyberspace operations. Such materials shall be submitted in unclassified 

form but may include a classified annex. 

SEC. 1080. SENSE OF CONGRESS REGARDING UNAUTHORIZED DISCLOSURES OF CLASSIFIED INFORMATION. 

It is the sense of Congress that— 

(1) unauthorized disclosures of classified information can 

threaten the national security and foreign relations of the 

United States; 

(2) the Department of Defense has taken positive steps 

toward improving its policies, procedures, and enforcement 

mechanisms regarding unauthorized disclosures of classified 

information and should continue to improve upon such policies, 

procedures, and enforcement mechanisms; 

(3) other departments and agencies of the Federal Government should undertake similar efforts, if such departments 

and agencies have not already done so; and 

(4) the Department of Justice should investigate possible 

violations of Federal law related to unauthorized disclosures 

of classified information, including disclosures related to military, intelligence, and operational capabilities of the United 

10 USC 221 note. 

Deadline. 

22 USC 1437 

note. 


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126 STAT. 1960 PUBLIC LAW 112–239—JAN. 2, 2013 

States and allies of the United States and, in appropriate 

cases, individuals responsible for such unauthorized disclosures 

should be prosecuted to the full extent of the law. 

SEC. 1081. TECHNICAL AMENDMENTS TO REPEAL STATUTORY REFERENCES TO UNITED STATES JOINT FORCES COMMAND. 

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

(1)(A) Section 232 is repealed. 

(B) The table of sections at the beginning of chapter 9 

is amended by striking the item relating to section 232. 

(2) Section 2859(d) is amended— 

(A) by striking paragraph (2); and 

(B) by redesignating paragraph (3) as paragraph (2). 

(3) Section 10503(13)(B) is amended— 

(A) by striking clause (iii); and 

(B) redesignating clause (iv) as clause (iii). 

SEC. 1082. SENSE OF CONGRESS ON NON-UNITED STATES CITIZENS 

WHO ARE GRADUATES OF UNITED STATES EDUCATIONAL 

INSTITUTIONS WITH ADVANCED DEGREES IN SCIENCE, 

TECHNOLOGY, ENGINEERING, AND MATHEMATICS. 

It is the sense of Congress— 

(1) that the Department of Defense should make every 

reasonable and practical effort to increase the number of United 

States citizens who pursue advanced degrees in science, technology, engineering, and mathematics; and 

(2) to strongly urge the Department of Defense to investigate innovative mechanisms (subject to all appropriate security requirements) to access the pool of talent of non-United 

States citizens with advanced scientific and technical degrees 

from United States institutions of higher education, especially 

in those scientific and technical areas that are most vital to 

the national defense (such as those identified by the Assistant 

Secretary of Defense for Research and Engineering and the 

Armed Forces). 

SEC. 1083. SCIENTIFIC FRAMEWORK FOR RECALCITRANT CANCERS. 

Subpart 1 of part C of title IV of the Public Health Service 

Act (42 U.S.C. 285 et seq.) is amended by adding at the end 

the following: 

‘‘SEC. 417G. SCIENTIFIC FRAMEWORK FOR RECALCITRANT CANCERS. 

‘‘(a) DEVELOPMENT OF SCIENTIFIC FRAMEWORK.— 

‘‘(1) IN GENERAL.—For each recalcitrant cancer identified 

under subsection (b), the Director of the Institute shall develop 

(in accordance with subsection (c)) a scientific framework for 

the conduct or support of research on such cancer. 

‘‘(2) CONTENTS.—The scientific framework with respect to 

a recalcitrant cancer shall include the following: 

‘‘(A) CURRENT STATUS.— 

‘‘(i) REVIEW OF LITERATURE.—A summary of 

findings from the current literature in the areas of— 

‘‘(I) the prevention, diagnosis, and treatment 

of such cancer; 

‘‘(II) the fundamental biologic processes that 

regulate such cancer (including similarities and 

differences of such processes from the biological 

processes that regulate other cancers); and 

42 USC 285a–13. 

10 USC 221 prec. 


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PUBLIC LAW 112–239—JAN. 2, 2013 126 STAT. 1961 

‘‘(III) the epidemiology of such cancer. 

‘‘(ii) SCIENTIFIC ADVANCES.—The identification of 

relevant emerging scientific areas and promising scientific advances in basic, translational, and clinical 

science relating to the areas described in subclauses 

(I) and (II) of clause (i). 

‘‘(iii) RESEARCHERS.—A description of the availability of qualified individuals to conduct scientific 

research in the areas described in clause (i). 

‘‘(iv) COORDINATED RESEARCH INITIATIVES.—The 

identification of the types of initiatives and partnerships for the coordination of intramural and extramural research of the Institute in the areas described 

in clause (i) with research of the relevant national 

research institutes, Federal agencies, and non-Federal 

public and private entities in such areas. 

‘‘(v) RESEARCH RESOURCES.—The identification of 

public and private resources, such as patient registries 

and tissue banks, that are available to facilitate 

research relating to each of the areas described in 

clause (i). 

‘‘(B) IDENTIFICATION OF RESEARCH QUESTIONS.—The 

identification of research questions relating to basic, 

translational, and clinical science in the areas described 

in subclauses (I) and (II) of subparagraph (A)(i) that have 

not been adequately addressed with respect to such recalcitrant cancer. 

‘‘(C) RECOMMENDATIONS.—Recommendations for appropriate actions that should be taken to advance research 

in the areas described in subparagraph (A)(i) and to address 

the research questions identified in subparagraph (B), as 

well as for appropriate benchmarks to measure progress 

on achieving such actions, including the following: 

‘‘(i) RESEARCHERS.—Ensuring adequate availability 

of qualified individuals described in subparagraph 

(A)(iii). 

‘‘(ii) COORDINATED RESEARCH INITIATIVES.—Promoting and developing initiatives and partnerships 

described in subparagraph (A)(iv). 

‘‘(iii) RESEARCH RESOURCES.—Developing additional public and private resources described in 

subparagraph (A)(v) and strengthening existing 

resources. 

‘‘(3) TIMING.— 

‘‘(A) INITIAL DEVELOPMENT AND SUBSEQUENT UPDATE.— 

For each recalcitrant cancer identified under subsection 

(b)(1), the Director of the Institute shall— 

‘‘(i) develop a scientific framework under this subsection not later than 18 months after the date of 

the enactment of this section; and 

‘‘(ii) review and update the scientific framework 

not later than 5 years after its initial development. 

‘‘(B) OTHER UPDATES.—The Director of the Institute 

may review and update each scientific framework developed 

under this subsection as necessary. 

‘‘(4) PUBLIC NOTICE.—With respect to each scientific framework developed under subsection (a), not later than 30 days 

Deadline. 

Deadlines. 


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126 STAT. 1962 PUBLIC LAW 112–239—JAN. 2, 2013 

after the date of completion of the framework, the Director 

of the Institute shall— 

‘‘(A) submit such framework to the Committee on 

Energy and Commerce and Committee on Appropriations 

of the House of Representatives, and the Committee on 

Health, Education, Labor, and Pensions and Committee 

on Appropriations of the Senate; and 

‘‘(B) make such framework publically available on the 

Internet website of the Department of Health and Human 

Services. 

‘‘(b) IDENTIFICATION OF RECALCITRANT CANCER.— ‘‘(1) IN GENERAL.—Not later than 6 months after the date 

of the enactment of this section, the Director of the Institute 

shall identify two or more recalcitrant cancers that each— 

‘‘(A) have a 5-year relative survival rate of less than 

20 percent; and 

‘‘(B) are estimated to cause the death of at least 30,000 

individuals in the United States per year. 

‘‘(2) ADDITIONAL CANCERS.—The Director of the Institute 

may, at any time, identify other recalcitrant cancers for purposes of this section. In identifying a recalcitrant cancer pursuant to the previous sentence, the Director may consider additional metrics of progress (such as incidence and mortality 

rates) against such type of cancer. 

‘‘(c) WORKING GROUPS.—For each recalcitrant cancer identified 

under subsection (b), the Director of the Institute shall convene 

a working group comprised of representatives of appropriate Federal 

agencies and other non-Federal entities to provide expertise on, 

and assist in developing, a scientific framework under subsection 

(a). The Director of the Institute (or the Director’s designee) shall 

participate in the meetings of each such working group. 

‘‘(d) REPORTING.— 

‘‘(1) BIENNIAL REPORTS.—The Director of NIH shall ensure 

that each biennial report under section 403 includes information 

on actions undertaken to carry out each scientific framework 

developed under subsection (a) with respect to a recalcitrant 

cancer, including the following: 

‘‘(A) Information on research grants awarded by the 

National Institutes of Health for research relating to such 

cancer. 

‘‘(B) An assessment of the progress made in improving 

outcomes (including relative survival rates) for individuals 

diagnosed with such cancer. 

‘‘(C) An update on activities pertaining to such cancer 

under the authority of section 413(b)(7). 

‘‘(2) ADDITIONAL ONE-TIME REPORT FOR CERTAIN FRAMEWORKS.—For each recalcitrant cancer identified under subsection (b)(1), the Director of the Institute shall, not later 

than 6 years after the initial development of a scientific framework under subsection (a), submit a report to the Congress 

on the effectiveness of the framework (including the update 

required by subsection (a)(3)(A)(ii)) in improving the prevention, 

detection, diagnosis, and treatment of such cancer. 

‘‘(e) RECOMMENDATIONS FOR EXCEPTION FUNDING.—The 

Director of the Institute shall consider each relevant scientific 

framework developed under subsection (a) when making recommendations for exception funding for grant applications. 

Web posting. 


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PUBLIC LAW 112–239—JAN. 2, 2013 126 STAT. 1963 

‘‘(f) DEFINITION.—In this section, the term ‘recalcitrant cancer’ 

means a cancer for which the five-year relative survival rate is 

below 50 percent.’’. 

SEC. 1084. PROTECTION OF VETERANS’ MEMORIALS. 

(a) TRANSPORTATION OF STOLEN MATERIALS.—Section 2314 of 

title 18, United States Code, is amended— 

(1) by striking ‘‘or any part thereof—’’ and inserting the 

following: ‘‘or any part thereof; or’’; 

(2) by inserting before ‘‘Shall be fined under this title’’ 

the following: 

‘‘Whoever transports, transmits, or transfers in interstate or 

foreign commerce any veterans’ memorial object, knowing the same 

to have been stolen, converted or taken by fraud—’’; 

(3) by inserting after ‘‘under this section is greater.’’ the 

following: ‘‘If the offense involves the transportation, transmission, or transfer in interstate or foreign commerce of veterans’ memorial objects with a value, in the aggregate, of 

less than $1,000, the defendant shall be fined under this title 

or imprisoned not more than one year, or both.’’; and 

(4) by adding at the end the following: 

‘‘For purposes of this section the term ‘veterans’ memorial 

object’ means a grave marker, headstone, monument, or other 

object, intended to permanently honor a veteran or mark a veteran’s 

grave, or any monument that signifies an event of national military 

historical significance.’’. 

(b) SALE OR RECEIPT OF STOLEN MEMORIALS.—Section 2315 

of title 18, United States Code, is amended— 

(1) by striking ‘‘or any part thereof—’’ and inserting the 

following: ‘‘or any part thereof; or’’; and 

(2) by inserting before ‘‘Shall be fined under this title’’ 

the following: 

‘‘ ‘Whoever receives, possesses, conceals, stores, barters, sells, 

or disposes of any veterans’ memorial object which has crossed 

a State or United States boundary after being stolen, unlawfully 

converted, or taken, knowing the same to have been stolen, unlawfully converted, or taken—’ ’’; 

(3) by inserting after ‘‘under this section is greater.’’ the 

following: ‘‘If the offense involves the receipt, possession, 

concealment, storage, barter, sale, or disposal of veterans’ 

memorial objects with a value, in the aggregate, of less than 

$1,000, the defendant shall be fined under this title or imprisoned not more than one year, or both.’’; and 

(4) by adding at the end the following: ‘‘For purposes of 

this section the term ‘veterans’ memorial object’ means a grave 

marker, headstone, monument, or other object, intended to 

permanently honor a veteran or mark a veteran’s grave, or 

any monument that signifies an event of national military 

historical significance.’’. 

SEC. 1085. SENSE OF CONGRESS REGARDING SPECTRUM. 

It is the sense of Congress that— 

(1) the United States mobile communications industry is 

a significant economic engine; 

(2) while wireless carriers are continually implementing 

new and more efficient technologies and techniques to maximize 

their existing spectrum capacity, there is a pressing need for 

additional spectrum for mobile broadband services; 

Definition. 


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126 STAT. 1964 PUBLIC LAW 112–239—JAN. 2, 2013 

(3) as the United States faces the growing demand for 

spectrum, consideration should be given to both the supply 

of spectrum for licensed networks and for unlicensed devices; 

(4) while such growing demand can be met in part by 

reallocating spectrum from existing non-governmental uses, the 

long-term solution must include reallocation and sharing of 

Federal Government spectrum for private sector use; 

(5) recognizing the important uses of spectrum by the Federal Government, including for national security, law enforcement, and other critical Federal uses, existing law ensures 

that Federal operations are not harmed as a result of a reallocation of spectrum for commercial use, including through the 

establishment of the Spectrum Relocation Fund to reimburse 

Federal users for the costs of planning and implementing relocation and sharing arrangements and, with respect to spectrum 

vacated by the Department of Defense, certification under section 1062(b) of the National Defense Authorization Act for 

Fiscal Year 2000 (Public Law 106–65; 113 Stat. 768) by the 

Secretary of Defense, the Secretary of Commerce, and the 

Chairman of the Joint Chiefs of Staff that replacement spectrum provides comparable technical characteristics to restore 

essential military capability; and 

(6) given the need to determine equitable outcomes for 

the United States in relation to spectrum use that balance 

the demand of the private sector for spectrum with national 

security and other critical Federal missions, all interested parties should be encouraged to continue the collaborative efforts 

between industry and government stakeholders that have been 

launched by the National Telecommunications and Information 

Administration to assess and recommend practical frameworks 

for the development of relocation, transition, and sharing 

arrangement and plans for 110 megahertz of Federal spectrum 

in the 1695–1710 MHz and the 1755–1850 MHz bands. 

SEC. 1086. PUBLIC SAFETY OFFICERS’ BENEFITS PROGRAM. 

(a) SHORT TITLE.—This section may be cited as the ‘‘Dale Long 

Public Safety Officers’ Benefits Improvements Act of 2012’’. 

(b) BENEFITS FOR CERTAIN NONPROFIT EMERGENCY MEDICAL

SERVICE PROVIDERS; MISCELLANEOUS AMENDMENTS.— 

(1) IN GENERAL.—Title I of the Omnibus Crime Control 

and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.) is 

amended— 

(A) in section 901(a) (42 U.S.C. 3791(a))— 

(i) in paragraph (26), by striking ‘‘and’’ at the 

end; 

(ii) in paragraph (27), by striking the period at 

the end and inserting ‘‘; and’’; and 

(iii) by adding at the end the following: 

‘‘(28) the term ‘hearing examiner’ includes any medical 

or claims examiner.’’; 

(B) in section 1201 (42 U.S.C. 3796)— 

(i) in subsection (a), by striking ‘‘follows:’’ and all 

that follows and inserting the following: ‘‘follows (if 

the payee indicated is living on the date on which 

the determination is made)— 

‘‘(1) if there is no child who survived the public safety 

officer, to the surviving spouse of the public safety officer; 

Dale Long Public 

Safety Officers’ 

Benefits 

Improvements 

Act of 2012. 

42 USC 3711. 


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PUBLIC LAW 112–239—JAN. 2, 2013 126 STAT. 1965 

‘‘(2) if there is at least 1 child who survived the public 

safety officer and a surviving spouse of the public safety officer, 

50 percent to the surviving child (or children, in equal shares) 

and 50 percent to the surviving spouse; 

‘‘(3) if there is no surviving spouse of the public safety 

officer, to the surviving child (or children, in equal shares); 

‘‘(4) if there is no surviving spouse of the public safety 

officer and no surviving child— 

‘‘(A) to the surviving individual (or individuals, in 

shares per the designation, or, otherwise, in equal shares) 

designated by the public safety officer to receive benefits 

under this subsection in the most recently executed designation of beneficiary of the public safety officer on file 

at the time of death with the public safety agency, organization, or unit; or 

‘‘(B) if there is no individual qualifying under subparagraph (A), to the surviving individual (or individuals, in 

equal shares) designated by the public safety officer to 

receive benefits under the most recently executed life insurance policy of the public safety officer on file at the time 

of death with the public safety agency, organization, or 

unit; 

‘‘(5) if there is no individual qualifying under paragraph 

(1), (2), (3), or (4), to the surviving parent (or parents, in 

equal shares) of the public safety officer; or 

‘‘(6) if there is no individual qualifying under paragraph 

(1), (2), (3), (4), or (5), to the surviving individual (or individuals, 

in equal shares) who would qualify under the definition of 

the term ‘child’ under section 1204 but for age.’’; 

(ii) in subsection (b)— 

(I) by striking ‘‘direct result of a catastrophic’’ 

and inserting ‘‘direct and proximate result of a 

personal’’; 

(II) by striking ‘‘pay,’’ and all that follows 

through ‘‘the same’’ and inserting ‘‘pay the same’’; 

(III) by striking ‘‘in any year’’ and inserting 

‘‘to the public safety officer (if living on the date 

on which the determination is made)’’; 

(IV) by striking ‘‘in such year, adjusted’’ and 

inserting ‘‘with respect to the date on which the 

catastrophic injury occurred, as adjusted’’; 

(V) by striking ‘‘, to such officer’’; 

(VI) by striking ‘‘the total’’ and all that follows 

through ‘‘For’’ and inserting ‘‘for’’; and 

(VII) by striking ‘‘That these’’ and all that 

follows through the period, and inserting ‘‘That 

the amount payable under this subsection shall 

be the amount payable as of the date of catastrophic injury of such public safety officer.’’; 

(iii) in subsection (f)— 

(I) in paragraph (1), by striking ‘‘, as amended 

(D.C. Code, sec. 4–622); or’’ and inserting a semicolon; 

(II) in paragraph (2)— 

(aa) by striking ‘‘. Such beneficiaries shall 

only receive benefits under such section 8191 

that’’ and inserting ‘‘, such that beneficiaries 


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126 STAT. 1966 PUBLIC LAW 112–239—JAN. 2, 2013 

shall receive only such benefits under such 

section 8191 as’’; and 

(bb) by striking the period at the end and 

inserting ‘‘; or’’; and 

(III) by adding at the end the following: 

‘‘(3) payments under the September 11th Victim Compensation Fund of 2001 (49 U.S.C. 40101 note; Public Law 107– 

42).’’; 

(iv) by amending subsection (k) to read as follows: 

‘‘(k) As determined by the Bureau, a heart attack, stroke, 

or vascular rupture suffered by a public safety officer shall be 

presumed to constitute a personal injury within the meaning of 

subsection (a), sustained in the line of duty by the officer and 

directly and proximately resulting in death, if— 

‘‘(1) the public safety officer, while on duty— 

‘‘(A) engages in a situation involving nonroutine stressful or strenuous physical law enforcement, fire suppression, 

rescue, hazardous material response, emergency medical 

services, prison security, disaster relief, or other emergency 

response activity; or 

‘‘(B) participates in a training exercise involving nonroutine stressful or strenuous physical activity; 

‘‘(2) the heart attack, stroke, or vascular rupture commences— 

‘‘(A) while the officer is engaged or participating as 

described in paragraph (1); 

‘‘(B) while the officer remains on that duty after being 

engaged or participating as described in paragraph (1); 

or 

‘‘(C) not later than 24 hours after the officer is engaged 

or participating as described in paragraph (1); and 

‘‘(3) the heart attack, stroke, or vascular rupture directly 

and proximately results in the death of the public safety officer, 

unless competent medical evidence establishes that the heart attack, 

stroke, or vascular rupture was unrelated to the engagement or 

participation or was directly and proximately caused by something 

other than the mere presence of cardiovascular-disease risk factors.’’; and 

(v) by adding at the end the following: 

‘‘(n) The public safety agency, organization, or unit responsible 

for maintaining on file an executed designation of beneficiary or 

executed life insurance policy for purposes of subsection (a)(4) shall 

maintain the confidentiality of the designation or policy in the 

same manner as the agency, organization, or unit maintains personnel or other similar records of the public safety officer.’’; 

(C) in section 1202 (42 U.S.C. 3796a)— 

(i) by striking ‘‘death’’, each place it appears except 

the second place it appears, and inserting ‘‘fatal’’; and 

(ii) in paragraph (1), by striking ‘‘or catastrophic 

injury’’ the second place it appears and inserting ‘‘, 

disability, or injury’’; 

(D) in section 1203 (42 U.S.C. 3796a–1)— 

(i) in the section heading, by striking ‘‘WHO HAVE

DIED IN THE LINE OF DUTY’’ and inserting ‘‘WHO HAVE

SUSTAINED FATAL OR CATASTROPHIC INJURY IN THE LINE

OF DUTY’’; and 

Confidentiality. 

Deadline. 


dkrause on DSKHT7XVN1PROD with KATH
PUBLIC LAW 112–239—JAN. 2, 2013 126 STAT. 1967 

(ii) by striking ‘‘who have died in the line of duty’’ 

and inserting ‘‘who have sustained fatal or catastrophic 

injury in the line of duty’’; 

(E) in section 1204 (42 U.S.C. 3796b)— 

(i) in paragraph (1), by striking ‘‘consequences of 

an injury that’’ and inserting ‘‘an injury, the direct 

and proximate consequences of which’’; 

(ii) in paragraph (3)— 

(I) in the matter preceding clause (i)— 

(aa) by inserting ‘‘or permanently and 

totally disabled’’ after ‘‘deceased’’; and 

(bb) by striking ‘‘death’’ and inserting 

‘‘fatal or catastrophic injury’’; and 

(II) by redesignating clauses (i), (ii), and (iii) 

as subparagraphs (A), (B), and (C), respectively; 

(iii) in paragraph (5)— 

(I) by striking ‘‘post-mortem’’ each place it 

appears and inserting ‘‘post-injury’’; 

(II) by redesignating clauses (i) and (ii) as 

subparagraphs (A) and (B), respectively; and 

(III) in subparagraph (B), as so redesignated, 

by striking ‘‘death’’ and inserting ‘‘fatal or catastrophic injury’’; 

(iv) in paragraph (7), by striking ‘‘public employee 

member of a rescue squad or ambulance crew;’’ and 

inserting ‘‘employee or volunteer member of a rescue 

squad or ambulance crew (including a ground or air 

ambulance service) that— 

‘‘(A) is a public agency; or 

‘‘(B) is (or is a part of) a nonprofit entity serving 

the public that— 

‘‘(i) is officially authorized or licensed to engage 

in rescue activity or to provide emergency medical 

services; and 

‘‘(ii) engages in rescue activities or provides emergency medical services as part of an official emergency 

response system;’’; and 

(v) in paragraph (9)— 

(I) in subparagraph (A), by striking ‘‘as a chaplain, or as a member of a rescue squad or ambulance crew;’’ and inserting ‘‘or as a chaplain;’’; 

(II) in subparagraph (B)(ii), by striking ‘‘or’’ 

after the semicolon; 

(III) in subparagraph (C)(ii), by striking the 

period and inserting ‘‘; or’’; and 

(IV) by adding at the end the following: 

‘‘(D) a member of a rescue squad or ambulance crew 

who, as authorized or licensed by law and by the applicable 

agency or entity, is engaging in rescue activity or in the 

provision of emergency medical services.’’; 

(F) in section 1205 (42 U.S.C. 3796c), by adding at 

the end the following: 

‘‘(d) Unless expressly provided otherwise, any reference in this 

part to any provision of law not in this part shall be understood 

to constitute a general reference under the doctrine of incorporation 

by reference, and thus to include any subsequent amendments 

to the provision.’’; 


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126 STAT. 1968 PUBLIC LAW 112–239—JAN. 2, 2013 

(G) in each of subsections (a) and (b) of section 1212 

(42 U.S.C. 3796d–1), sections 1213 and 1214 (42 U.S.C. 

3796d–2 and 3796d–3), and subsections (b) and (c) of section 1216 (42 U.S.C. 3796d–5), by striking ‘‘dependent’’ 

each place it appears and inserting ‘‘person’’; 

(H) in section 1212 (42 U.S.C. 3796d–1)— 

(i) in subsection (a)— 

(I) in paragraph (1), in the matter preceding 

subparagraph (A), by striking ‘‘Subject’’ and all 

that follows through ‘‘, the’’ and inserting ‘‘The’’; 

and 

(II) in paragraph (3), by striking ‘‘reduced by’’ 

and all that follows through ‘‘(B) the amount’’ and 

inserting ‘‘reduced by the amount’’; 

(ii) in subsection (c)— 

(I) in the subsection heading, by striking 

‘‘DEPENDENT’’; and 

(II) by striking ‘‘dependent’’; 

(I) in paragraphs (2) and (3) of section 1213(b) (42 

U.S.C. 3796d–2(b)), by striking ‘‘dependent’s’’ each place 

it appears and inserting ‘‘person’s’’; 

(J) in section 1216 (42 U.S.C. 3796d–5)— 

(i) in subsection (a), by striking ‘‘each dependent’’ 

each place it appears and inserting ‘‘a spouse or child’’; 

and 

(ii) by striking ‘‘dependents’’ each place it appears 

and inserting ‘‘a person’’; and 

(K) in section 1217(3)(A) (42 U.S.C. 3796d–6(3)(A)), 

by striking ‘‘described in’’ and all that follows and inserting 

‘‘an institution of higher education, as defined in section 

102 of the Higher Education Act of 1965 (20 U.S.C. 1002); 

and’’. 

(2) AMENDMENT RELATED TO EXPEDITED PAYMENT FOR

PUBLIC SAFETY OFFICERS INVOLVED IN THE PREVENTION, INVESTIGATION, RESCUE, OR RECOVERY EFFORTS RELATED TO A TERRORIST ATTACK.—Section 611(a) of the Uniting and Strengthening America by Providing Appropriate Tools Required to 

Intercept and Obstruct Terrorism Act of 2001 (42 U.S.C. 3796c– 

1(a)) is amended by inserting ‘‘or an entity described in section 

1204(7)(B) of the Omnibus Crime Control and Safe Streets 

Act of 1968 (42 U.S.C. 3796b(7)(B))’’ after ‘‘employed by such 

agency’’. 

(3) CONFORMING AMENDMENTS.—The Internal Revenue 

Code of 1986 is amended— 

(A) in section 402(l)(4)(C), by inserting before the period 

at the end the following: ‘‘, as in effect immediately before 

the enactment of the National Defense Authorization Act 

for Fiscal Year 2013’’; and 

(B) in section 101(h)(1), by inserting after ‘‘1968’’ the 

following: ‘‘, as in effect immediately before the enactment 

of the National Defense Authorization Act for Fiscal Year 

2013’’. 

(c) AUTHORIZATION OF APPROPRIATIONS; DETERMINATIONS; 

APPEALS.—The matter under the heading ‘‘PUBLIC SAFETY OFFICERS

BENEFITS’’ under the heading ‘‘OFFICE OF JUSTICE PROGRAMS’’ under 

title II of division B of the Consolidated Appropriations Act, 2008 

26 USC 101. 

26 USC 402. 


dkrause on DSKHT7XVN1PROD with KATH
PUBLIC LAW 112–239—JAN. 2, 2013 126 STAT. 1969 

(Public Law 110–161; 121 Stat. 1912; 42 U.S.C. 3796c–2) is 

amended— 

(1) by striking ‘‘decisions’’ and inserting ‘‘determinations’’; 

(2) by striking ‘‘(including those, and any related matters, 

pending)’’; and 

(3) by striking the period at the end and inserting the 

following: ‘‘: Provided further, That, on and after the date 

of enactment of the Dale Long Public Safety Officers’ Benefits 

Improvements Act of 2012, as to each such statute— 

‘‘(1) the provisions of section 1001(a)(4) of such title I (42 

U.S.C. 3793(a)(4)) shall apply; 

‘‘(2) payment (consistent with section 611 of the Uniting 

and Strengthening America By Providing Appropriate Tools 

Required to Intercept and Obstruct Terrorism Act of 2001 (42 

U.S.C. 3796c-1)) shall be made only upon a determination by 

the Bureau that the facts legally warrant the payment; and 

‘‘(3) any reference to section 1202 of such title I shall 

be deemed to be a reference to paragraphs (2) and (3) of 

such section 1202: 

Provided further, That, on and after the date of enactment of 

the Dale Long Public Safety Officers’ Benefits Improvements Act 

of 2012, no appeal shall bring any final determination of the Bureau 

before any court for review unless notice of appeal is filed (within 

the time specified herein and in the manner prescribed for appeal 

to United States courts of appeals from United States district 

courts) not later than 90 days after the date on which the Bureau 

serves notice of the final determination: Provided further, That 

any regulations promulgated by the Bureau under such part (or 

any such statute) before, on, or after the date of enactment of 

the Dale Long Public Safety Officers’ Benefits Improvements Act 

of 2012 shall apply to any matter pending on, or filed or accruing 

after, the effective date specified in the regulations.’’. 

(d) EFFECTIVE DATE.— 

(1) IN GENERAL.—Except as provided in paragraph (1), the 

amendments made by this section shall— 

(A) take effect on the date of enactment of this Act; 

and 

(B) apply to any matter pending, before the Bureau 

of Justice Assistance or otherwise, on the date of enactment 

of this Act, or filed or accruing after that date. 

(2) EXCEPTIONS.— 

(A) RESCUE SQUADS AND AMBULANCE CREWS.—For a 

member of a rescue squad or ambulance crew (as defined 

in section 1204(7) of title I of the Omnibus Crime Control 

and Safe Streets Act of 1968, as amended by this section), 

the amendments made by this Act shall apply to injuries 

sustained on or after June 1, 2009. 

(B) HEART ATTACKS, STROKES, AND VASCULAR RUPTURES.—Section 1201(k) of title I of the Omnibus Crime 

Control and Safe Streets Act of 1968, as amended by this 

section, shall apply to heart attacks, strokes, and vascular 

ruptures sustained on or after December 15, 2003. 

SEC. 1087. REMOVAL OF ACTION. 

Section 1442 of title 28, United States Code, is amended by 

striking subsection (c) and inserting the following: 

Applicability. 

42 USC 3791 

note. 

Regulations. 

Applicability. 

Effective date. 

Determination. 

Notice. 

Deadline. 

Applicability. 


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126 STAT. 1970 PUBLIC LAW 112–239—JAN. 2, 2013 

‘‘(c) Solely for purposes of determining the propriety of removal 

under subsection (a), a law enforcement officer, who is the defendant 

in a criminal prosecution, shall be deemed to have been acting 

under the color of his office if the officer— 

‘‘(1) protected an individual in the presence of the officer 

from a crime of violence; 

‘‘(2) provided immediate assistance to an individual who 

suffered, or who was threatened with, bodily harm; or 

‘‘(3) prevented the escape of any individual who the officer 

reasonably believed to have committed, or was about to commit, 

in the presence of the officer, a crime of violence that resulted 

in, or was likely to result in, death or serious bodily injury. 

‘‘(d) In this section, the following definitions apply: 

‘‘(1) The terms ‘civil action’ and ‘criminal prosecution’ 

include any proceeding (whether or not ancillary to another 

proceeding) to the extent that in such proceeding a judicial 

order, including a subpoena for testimony or documents, is 

sought or issued. If removal is sought for a proceeding described 

in the previous sentence, and there is no other basis for 

removal, only that proceeding may be removed to the district 

court. 

‘‘(2) The term ‘crime of violence’ has the meaning given 

that term in section 16 of title 18. 

‘‘(3) The term ‘law enforcement officer’ means any employee 

described in subparagraph (A), (B), or (C) of section 8401(17) 

of title 5 and any special agent in the Diplomatic Security 

Service of the Department of State. 

‘‘(4) The term ‘serious bodily injury’ has the meaning given 

that term in section 1365 of title 18. 

‘‘(5) The term ‘State’ includes the District of Columbia, 

United States territories and insular possessions, and Indian 

country (as defined in section 1151 of title 18). 

‘‘(6) The term ‘State court’ includes the Superior Court 

of the District of Columbia, a court of a United States territory 

or insular possession, and a tribal court.’’. 

SEC. 1088. TRANSPORT FOR FEMALE GENITAL MUTILATION. 

Section 116 of title 18, United States Code, is amended by 

adding at the end the following: 

‘‘(d) Whoever knowingly transports from the United States and 

its territories a person in foreign commerce for the purpose of 

conduct with regard to that person that would be a violation of 

subsection (a) if the conduct occurred within the United States, 

or attempts to do so, shall be fined under this title or imprisoned 

not more than 5 years, or both.’’. 

SEC. 1089. AMENDMENTS TO LAW ENFORCEMENT OFFICER SAFETY 

PROVISIONS OF TITLE 18. 

Chapter 44 of title 18, United States Code, is amended— 

(1) in section 926B— 

(A) in subsection (c)(1), by inserting ‘‘or apprehension 

under section 807(b) of title 10, United States Code (article 

7(b) of the Uniform Code of Military Justice)’’ after ‘‘arrest’’; 

(B) in subsection (d), by striking ‘‘as a law enforcement 

officer’’ and inserting ‘‘that identifies the employee as a 

police officer or law enforcement officer of the agency’’; 

and 

Penalty. 

Definitions. 


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PUBLIC LAW 112–239—JAN. 2, 2013 126 STAT. 1971 

(C) in subsection (f), by inserting ‘‘or apprehension 

under section 807(b) of title 10, United States Code (article 

7(b) of the Uniform Code of Military Justice)’’ after ‘‘arrest’’; 

and 

(2) in section 926C— 

(A) in subsection (c)(2), by inserting ‘‘or apprehension 

under section 807(b) of title 10, United States Code (article 

7(b) of the Uniform Code of Military Justice)’’ after ‘‘arrest’’; 

and 

(B) in subsection (d)— 

(i) in paragraph (1), by striking ‘‘that indicates’’ 

and inserting ‘‘that identifies the person as having 

been employed as a police officer or law enforcement 

officer and indicates’’; and 

(ii) in paragraph (2)(A), by inserting ‘‘that identifies the person as having been employed as a police 

officer or law enforcement officer’’ after ‘‘officer’’. 

SEC. 1090. REAUTHORIZATION OF SALE OF AIRCRAFT AND PARTS FOR 

WILDFIRE SUPPRESSION PURPOSES. 

Section 2 of the Wildfire Suppression Aircraft Transfer Act 

of 1996 (10 U.S.C. 2576 note) is amended— 

(1) in subsection (a), by striking ‘‘during the period beginning on October 1, 1996, and ending on September 30, 2005’’ 

and inserting ‘‘during a period specified in subsection (g)’’; 

(2) by redesignating subsection (g) as subsection (h); and 

(3) by inserting after subsection (f) the following new subsection (g): 

‘‘(g) PERIODS FOR EXERCISE OF AUTHORITY.—The periods specified in this subsection are the following: 

‘‘(1) The period beginning on October 1, 1996, and ending 

on September 30, 2005. 

‘‘(2) The period beginning on October 1, 2012, and ending 

on September 30, 2017.’’. 

SEC. 1091. TRANSFER OF EXCESS AIRCRAFT TO OTHER DEPARTMENTS 

OF THE FEDERAL GOVERNMENT. 

(a) TRANSFER.—The Secretary of Defense may transfer excess 

aircraft specified in subsection (b) to the Secretary of Agriculture 

and the Secretary of Homeland Security for use by the Forest 

Service and the United States Coast Guard. The transfer of any 

excess aircraft under this subsection shall be without reimbursement. 

(b) AIRCRAFT.—The aircraft transferred under subsection (a) 

are aircraft of the Department of Defense that are— 

(1) identified by the Forest Service or the United States 

Coast Guard as a suitable platform to carry out their respective 

missions; 

(2) excess to the needs of the Department of Defense, 

as determined by the Secretary of Defense; 

(3) in the case of aircraft to be transferred to the Secretary 

of Agriculture, acceptable for use by the Forest Service, as 

determined by the Secretary of Agriculture; and 

(4) in the case of aircraft to be transferred to the Secretary 

of Homeland Security, acceptable for use by the United States 

Coast Guard, as determined by the Secretary of Homeland 

Security. 

(c) LIMITATION ON NUMBER.— 

10 USC 2576 

note. 


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126 STAT. 1972 PUBLIC LAW 112–239—JAN. 2, 2013 

(1) LIMITATION.—Except as provided in paragraph (2), the 

number of aircraft that may be transferred under subsection 

(a) to each of the Secretary of Agriculture and the Secretary 

of Homeland Security may not exceed seven aircraft for each 

agency. 

(2) TERMINATION OF LIMITATION AFTER OFFICIAL NOTICE

OF INTENT TO ACCEPT OR DECLINE SEVEN AIRCRAFT.—The limitation in paragraph (1) on the number of aircraft transferrable 

under subsection (a) shall cease upon official notice to the 

Secretary of Defense, from the Secretary of Agriculture, and 

the Secretary of Homeland Security that the Secretary’s respective department will decline or accept seven aircraft. 

(d) ORDER OF TRANSFERS.— (1) RIGHTS OF REFUSAL.—In implementing the transfers 

authorized by subsection (a), the Secretary of Defense shall 

afford the Secretary of Agriculture the right of first refusal 

and the Secretary of Homeland Security the second right of 

refusal in the transfer to each department by the Secretary 

of Defense of up to seven excess aircraft specified in subsection 

(b) before the transfer of such excess aircraft is offered to 

any other department or agency of the Federal Government. 

(2) EXPIRATION OF RIGHT OF FIRST REFUSAL.—The right 

of first refusal afforded the Secretary of Agriculture by paragraph (1) shall expire upon official notice of the Secretary 

to the Secretary of Defense under subsection (c)(2). 

(e) CONDITIONS OF CERTAIN TRANSFERS.—Excess aircraft transferred to the Secretary of Agriculture under subsection (a)— 

(1) may be used only for wildfire suppression purposes; 

and 

(2) may not be flown or otherwise removed from the United 

States unless dispatched by the National Interagency Fire 

Center in support of an international agreement to assist in 

wildfire suppression efforts or for other purposes approved by 

the Secretary of Agriculture in writing in advance. 

(f) ADDITIONAL LIMITATION.—Excess aircraft transferred under 

subsection (a) may not be sold by the Secretary of Agriculture 

or the Secretary of Homeland Security after transfer. 

(g) COSTS AFTER TRANSFER.—Any costs of operation, maintenance, sustainment, and disposal of excess aircraft transferred 

under subsection (a) after the date of transfer shall be borne by 

the Secretary of Agriculture and the Secretary of Homeland Security, as applicable. 

TITLE XI—CIVILIAN PERSONNEL 

MATTERS 

Sec. 1101. One-year extension of authority to waive annual limitation on premium 

pay and aggregate limitation on pay for Federal civilian employees 

working overseas. Sec. 1102. Expansion of experimental personnel program for scientific and technical 

personnel at the Defense Advanced Research Projects Agency. Sec. 1103. Extension of authority to fill shortage category positions for certain Federal acquisition positions for civilian agencies. Sec. 1104. One-year extension of discretionary authority to grant allowances, benefits, and gratuities to personnel on official duty in a combat zone. Sec. 1105. Policy on senior mentors. 

Sec. 1106. Authority to pay for the transport of family household pets for Federal 

employees during certain evacuation operations. Sec. 1107. Interagency personnel rotations. 


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PUBLIC LAW 112–239—JAN. 2, 2013 126 STAT. 1973 

SEC. 1101. ONE-YEAR EXTENSION OF AUTHORITY TO WAIVE ANNUAL 

LIMITATION ON PREMIUM PAY AND AGGREGATE LIMITATION ON PAY FOR FEDERAL CIVILIAN EMPLOYEES 

WORKING OVERSEAS. 

Effective January 1, 2013, section 1101(a) of the Duncan Hunter 

National Defense Authorization Act for Fiscal Year 2009 (Public 

Law 110–417; 122 Stat. 4615), as most recently amended by section 

1104 of the National Defense Authorization Act for Fiscal Year 

2012 (Public Law 112–81; 125 Stat. 1612), is further amended 

by striking ‘‘through 2012’’ and inserting ‘‘through 2013’’. 

SEC. 1102. EXPANSION OF EXPERIMENTAL PERSONNEL PROGRAM FOR 

SCIENTIFIC AND TECHNICAL PERSONNEL AT THE 

DEFENSE ADVANCED RESEARCH PROJECTS AGENCY. 

(a) EXPANSION.—Section 1101(b)(1)(A) of the Strom Thurmond 

National Defense Authorization Act for Fiscal Year 1999 (5 U.S.C. 

3104 note) is amended by striking ‘‘40’’ and inserting ‘‘60’’. 

(b) CONSTRUCTION.—The amendment made by subsection (a) 

shall not be construed as affecting any applicable authorization 

or delimitation of the numbers of personnel that may be employed 

at the Defense Advanced Research Projects Agency. 

SEC. 1103. EXTENSION OF AUTHORITY TO FILL SHORTAGE CATEGORY 

POSITIONS FOR CERTAIN FEDERAL ACQUISITION POSITIONS FOR CIVILIAN AGENCIES. 

Section 1703(j)(2) of title 41, United States Code, is amended 

by striking ‘‘September 30, 2012’’ and inserting ‘‘September 30, 

2017’’. 

SEC. 1104. ONE-YEAR EXTENSION OF DISCRETIONARY AUTHORITY TO 

GRANT ALLOWANCES, BENEFITS, AND GRATUITIES TO 

PERSONNEL ON OFFICIAL DUTY IN A COMBAT ZONE. 

Paragraph (2) of section 1603(a) of the Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, 

and Hurricane Recovery, 2006 (Public Law 109–234; 120 Stat. 443), 

as added by section 1102 of the Duncan Hunter National Defense 

Authorization Act for Fiscal Year 2009 (Public Law 110–417; 122 

Stat. 4616) and amended by section 1112 of the National Defense 

Authorization Act for Fiscal Year 2012 (Public Law 112–81; 125 

Stat. 1616), is further amended by striking ‘‘2013’’ and inserting 

‘‘2014’’. 

SEC. 1105. POLICY ON SENIOR MENTORS. 

(a) IN GENERAL.—The Secretary of Defense shall provide written notice to the congressional defense committees at least 60 

days before implementing any change in the policy regarding senior 

mentors issued on or about April 1, 2010. 

(b) APPLICABILITY.—Changes implemented before the date of 

the enactment of this Act shall not be affected by this section. 

SEC. 1106. AUTHORITY TO PAY FOR THE TRANSPORT OF FAMILY 

HOUSEHOLD PETS FOR FEDERAL EMPLOYEES DURING 

CERTAIN EVACUATION OPERATIONS. 

Section 5725 of title 5, United States Code, is amended— 

(1) in subsection (a), in the matter following paragraph 

(2), by striking ‘‘and personal effects,’’ and inserting ‘‘, personal 

effects, and family household pets,’’; and 

(2) by adding at the end the following: 

Notice. 

Time period. 

5 USC 9903 note. 

5 USC 3104 note. 

Effective date. 


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126 STAT. 1974 PUBLIC LAW 112–239—JAN. 2, 2013 

‘‘(c)(1) The expenses authorized under subsection (a) shall, with 

respect to the transport of family household pets, include the 

expenses for the shipment of and the payment of any quarantine 

costs for such pets. 

‘‘(2) Any payment or reimbursement under this section in 

connection with the transport of family household pets shall be 

subject to terms and conditions which— 

‘‘(A) the head of the agency shall by regulation prescribe; 

and 

‘‘(B) shall, to the extent practicable, be the same as would 

apply under regulations prescribed under section 

476(b)(1)(H)(iii) of title 37 in connection with the transport 

of family household pets of members of the uniformed services, 

including regulations relating to the types, size, and number 

of pets for which such payment or reimbursement may be 

provided.’’. 

SEC. 1107. INTERAGENCY PERSONNEL ROTATIONS. 

(a) FINDING AND PURPOSE.— 

(1) FINDING.—Congress finds that the national security 

and homeland security challenges of the 21st century require 

that executive branch personnel use a whole-of-Government 

approach in order for the United States Government to operate 

in the most effective and efficient manner. 

(2) PURPOSE.—The purpose of this section is to increase 

the efficiency and effectiveness of the Government by fostering 

greater interagency experience among executive branch personnel on national security and homeland security matters 

involving more than 1 agency. 

(b) COMMITTEE ON NATIONAL SECURITY PERSONNEL.— 

(1) ESTABLISHMENT.—There is established a Committee on 

National Security Personnel within the Executive Office of the 

President. 

(2) MEMBERSHIP.—The members of the Committee shall 

include— 

(A) designees of the Director of the Office of Management and Budget, the Director of the Office of Personnel 

Management, the Assistant to the President for National 

Security Affairs, the Secretary of Defense, the Secretary 

of State, and the Secretary of Homeland Security (1 

member to be designated by each); and 

(B) such other members as the President shall designate. 

(c) PROGRAM ESTABLISHED.— 

(1) Not later than 270 days after the date of the enactment 

of this Act, the Committee on National Security Personnel, 

in consultation with representatives of such other agencies 

as the Committee determines to be appropriate, shall develop 

and issue a National Security Human Capital Strategy providing policies, processes, and procedures for a program for 

the interagency rotation of personnel among positions within 

National Security Interagency Communities of Interest. 

(2) The strategy required by paragraph (1) shall, at a 

minimum— 

(A) identify specific Interagency Communities of 

Interest for the purpose of carrying out the program; 

Deadline. 

Policies. 

Processes. 

Procedures. 

5 USC prec. 101 

note. 


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PUBLIC LAW 112–239—JAN. 2, 2013 126 STAT. 1975 

(B) designate agencies to be included or excluded from 

the program; 

(C) define categories of positions to be covered by the 

program; 

(D) establish processes by which the heads of relevant 

agencies may identify— 

(i) positions in Interagency Communities of 

Interest that are available for rotation under the program; and 

(ii) individual employees who are available to 

participate in rotational assignments under the program; and 

(E) promulgate procedures for the program, including— 

(i) any minimum or maximum periods of service 

for participation in the program; 

(ii) any training and education requirements associated with participation in the program; 

(iii) any prerequisites or requirements for participation in the program; and 

(iv) appropriate performance measures, reporting 

requirements, and other accountability devices for the 

evaluation of the program. 

(d) PROGRAM REQUIREMENTS.—The policies, processes, and 

procedures established pursuant to subsection (c) shall, at a minimum, provide that— 

(1) during each of the first 4 fiscal years after the fiscal 

year in which this Act is enacted— 

(A) the interagency rotation program shall be carried 

out in at least 2 Interagency Communities of Interest, 

of which 1 shall be an Interagency Community of Interest 

for emergency management and 1 shall be an Interagency 

Community of Interest for stabilization and reconstruction; 

and 

(B) not fewer than 20 employees in the executive 

branch of the Government shall be assigned to participate 

in the interagency personnel rotation program; 

(2) an employee’s participation in the interagency rotation 

program shall require the consent of the head of the agency 

and shall be voluntary on the part of the employee; 

(3) employees selected to perform interagency rotational 

service are selected in a fully open and competitive manner 

that is consistent with the merit system principles set forth 

in paragraphs (1) and (2) of section 2301(b) of title 5, United 

States Code, unless the Interagency Community of Interest 

position is otherwise exempt under another provision of law; 

(4) an employee performing service in a position in another 

agency pursuant to the program established under this section 

shall be entitled to return, within a reasonable period of time 

after the end of the period of service, to the position held 

by the employee, or a corresponding or higher position, in 

his or her employing agency; 

(5) an employee performing interagency rotational service 

shall have all the rights that would be available to the employee 

if the employee were detailed or assigned under a provision 

of law other than this section from the agency employing the 

employee to the agency in which the position in which the 

employee is serving is located; and 


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(6) an employee participating in the program shall receive 

performance evaluations from officials in his or her employing 

agency that are based on input from the supervisors of the 

employee during his or her service in the program that are 

based primarily on the contribution of the employee to the 

work of the agency in which the employee performed such 

service, and these performance evaluations shall be provided 

the same weight in the receipt of promotions and other rewards 

by the employee from the employing agency as performance 

evaluations for service in the employing agency. 

(e) SELECTION OF INDIVIDUALS TO FILL SENIOR POSITIONS.— The head of each agency participating in the program established 

pursuant to subsection (c) shall ensure that, in selecting individuals 

to fill senior positions within an Interagency Community of Interest, 

the agency gives a strong preference to individuals who have performed interagency rotational service within the Interagency 

Community of Interest pursuant to such program. 

(f) INTERAGENCY COMMUNITY OF INTEREST DEFINED.—As used 

in this section, the term ‘‘National Security Interagency Community 

of Interest’’ or ‘‘Interagency Community of Interest’’ means the 

positions in the executive branch of the Government that, as determined by the Committee on National Security Personnel— 

(1) as a group are positions within multiple agencies of 

the executive branch of the Government; and 

(2) have significant responsibility for the same substantive, 

functional, or regional subject area related to national security 

or homeland security that requires integration of the positions 

and activities in that area across multiple agencies to ensure 

that the executive branch of the Government operates as a 

single, cohesive enterprise to maximize mission success and 

minimize cost. 

(g) REPORT ON PERFORMANCE MEASURES.—Not later than the 

end of the 2nd fiscal year after the fiscal year in which this Act 

is enacted, the Committee on National Security Personnel shall 

assess the performance measures described in subsection 

(c)(2)(E)(iv) and issue a report to Congress on the assessment of 

those performance measures. 

(h) GAO REVIEW.—Not later than the end of the 2nd fiscal 

year after the fiscal year in which this Act is enacted, the Comptroller General of the United States shall submit to Congress a 

report assessing the implementation and effectiveness of the interagency rotation program established pursuant to this section. The 

report required by this section shall address, at a minimum— 

(1) the extent to which the requirements of this section 

have been implemented by the Committee on National Security 

Personnel and by national security agencies; 

(2) the extent to which national security agencies have 

participated in the program established pursuant to this section, including whether the heads of such agencies have— 

(A) identified positions within the agencies that are 

National Security Interagency Communities of Interest and 

had employees from other agencies serve in rotational 

assignments in such positions; and 

(B) identified employees who are eligible for rotational 

assignments in National Security Interagency Communities 

of Interest and had such employees serve in rotational 

assignments in other agencies; 

Deadline. 


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(3) the extent to which employees serving in rotational 

assignments under the program established pursuant to this 

section have benefitted from such assignments, including an 

assessment of— 

(A) the period of service; 

(B) the duties performed by the employees during such 

service; 

(C) the value of the training and experience gained 

by participating employees through such service; and 

(D) the positions (including grade level) held by 

employees before and after completing interagency rotational service under this section; and 

(4) the extent to which interagency rotational service under 

this section has improved or is expected to improve interagency 

integration and coordination within National Security Interagency Communities of Interest. 

(i) EXCLUSION.—This section shall not apply to any element 

of the intelligence community, as defined in section 3(4) of the 

National Security Act of 1947 (50 U.S.C. 401a(4)). 

TITLE XII—MATTERS RELATING TO 

FOREIGN NATIONS 

Subtitle A—Assistance and Training 

Sec. 1201. Modification and extension of authorities relating to program to build 

the capacity of foreign military forces. 

Sec. 1202. Extension of authority for non-reciprocal exchanges of defense personnel 

between the United States and foreign countries. 

Sec. 1203. Authority to build the capacity of certain counterterrorism forces in 

Yemen and East Africa. 

Sec. 1204. Limitation on activities under State Partnership Program pending compliance with certain program-related requirements. 

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

Sec. 1211. Authority to support operations and activities of the Office of Security 

Cooperation in Iraq. 

Sec. 1212. Report on insider attacks in Afghanistan and their effect on the United 

States transition strategy for Afghanistan. 

Sec. 1213. United States military support in Afghanistan. 

Sec. 1214. Modification of report on progress toward security and stability in Afghanistan. 

Sec. 1215. Independent assessment of the Afghan National Security Forces. 

Sec. 1216. Extension and modification of logistical support for coalition forces supporting certain United States military operations. 

Sec. 1217. Report on Afghanistan Peace and Reintegration Program. 

Sec. 1218. One-year extension of authority to use funds for reintegration activities 

in Afghanistan. 

Sec. 1219. One-year extension and modification of authority for program to develop 

and carry out infrastructure projects in Afghanistan. 

Sec. 1220. Report on updates and modifications to campaign plan for Afghanistan. 

Sec. 1221. Commanders’ Emergency Response Program in Afghanistan. 

Sec. 1222. Authority to transfer defense articles and provide defense services to the 

military and security forces of Afghanistan. 

Sec. 1223. Report on efforts to promote the security of Afghan women and girls 

during the security transition process. 

Sec. 1224. Sense of Congress commending the Enduring Strategic Partnership 

Agreement between the United States and Afghanistan. 

Sec. 1225. Consultations with Congress on a bilateral security agreement with Afghanistan. 

Sec. 1226. Completion of transition of United States combat and military and security operations to the Government of Afghanistan. 

Sec. 1227. Extension and modification of authority for reimbursement of certain coalition nations for support provided to United States military operations. 


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Sec. 1228. Extension and modification of Pakistan Counterinsurgency Fund. 

Subtitle C—Matters Relating to Iran 

Sec. 1231. Report on United States capabilities in relation to China, North Korea, 

and Iran. 

Sec. 1232. Report on military capabilities of Gulf Cooperation Council members. 

Sec. 1233. Sense of Congress with respect to Iran. 

Sec. 1234. Rule of construction. 

Subtitle D—Iran Sanctions 

Sec. 1241. Short title. 

Sec. 1242. Definitions. 

Sec. 1243. Sense of Congress relating to violations of human rights by Iran. 

Sec. 1244. Imposition of sanctions with respect to the energy, shipping, and shipbuilding sectors of Iran. 

Sec. 1245. Imposition of sanctions with respect to the sale, supply, or transfer of 

certain materials to or from Iran. 

Sec. 1246. Imposition of sanctions with respect to the provision of underwriting 

services or insurance or reinsurance for activities or persons with respect to which sanctions have been imposed. 

Sec. 1247. Imposition of sanctions with respect to foreign financial institutions that 

facilitate financial transactions on behalf of specially designated nationals. 

Sec. 1248. Impositions of sanctions with respect to the Islamic Republic of Iran 

Broadcasting. 

Sec. 1249. Imposition of sanctions with respect to persons engaged in the diversion 

of goods intended for the people of Iran. 

Sec. 1250. Waiver requirement related to exceptional circumstances preventing significant reductions in crude oil purchases. 

Sec. 1251. Statute of limitations for civil actions regarding terrorist acts. 

Sec. 1252. Report on use of certain Iranian seaports by foreign vessels and use of 

foreign airports by sanctioned Iranian air carriers. 

Sec. 1253. Implementation; penalties. 

Sec. 1254. Applicability to certain natural gas projects. 

Sec. 1255. Rule of construction. 

Subtitle E—Satellites and Related Items 

Sec. 1261. Removal of satellites and related items from the United States Munitions List. 

Sec. 1262. Report on licenses and other authorizations to export certain satellites 

and related items. 

Sec. 1263. Report on country exemptions for licensing of exports of certain satellites 

and related items. 

Sec. 1264. End-use monitoring of certain satellites and related items. 

Sec. 1265. Interagency review of modifications to Category XV of the United States 

Munitions List. 

Sec. 1266. Rules of construction. 

Sec. 1267. Definitions. 

Subtitle F—Other Matters 

Sec. 1271. Additional elements in annual report on military and security developments involving the People’s Republic of China. 

Sec. 1272. NATO Special Operations Headquarters. 

Sec. 1273. Sustainability requirements for certain capital projects in connection 

with overseas contingency operations. 

Sec. 1274. Administration of the American, British, Canadian, and Australian Armies’ Program. 

Sec. 1275. United States participation in Headquarters Eurocorps. 

Sec. 1276. Department of Defense participation in European program on multilateral exchange of air transportation and air refueling services. 

Sec. 1277. Prohibition on use of funds to enter into contracts or agreements with 

Rosoboronexport. 

Sec. 1278. Sense of Congress on Iron Dome short-range rocket defense system. 

Sec. 1279. Bilateral defense trade relationship with India. 

Sec. 1280. United States Advisory Commission on Public Diplomacy. 

Sec. 1281. Sense of Congress on sale of aircraft to Taiwan. 

Sec. 1282. Briefings on dialogue between the United States and the Russian Federation on nuclear arms, missile defense systems, and long-range conventional strike systems. 

Sec. 1283. Sense of Congress on efforts to remove or apprehend Joseph Kony from 

the battlefield and end the atrocities of the Lord’s Resistance Army. 


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Sec. 1284. Imposition of sanctions with respect to support for the rebel group 

known as M23. 

Sec. 1285. Pilot program on repair, overhaul, and refurbishment of defense articles 

for sale or transfer to eligible foreign countries and entities. Sec. 1286. Sense of Congress on the situation in the Senkaku Islands. 

Subtitle G—Reports 

Sec. 1291. Review and reports on Department of Defense efforts to build the capacity of and partner with foreign security forces. Sec. 1292. Additional report on military and security developments involving the 

Democratic People’s Republic of Korea. Sec. 1293. Report on host nation support for overseas United States military installations and United States Armed Forces deployed in country. Sec. 1294. Report on military activities to deny or significantly degrade the use of 

air power against civilian and opposition groups in Syria. Sec. 1295. Report on military assistance provided by Russia to Syria. 

Subtitle A—Assistance and Training 

SEC. 1201. MODIFICATION AND EXTENSION OF AUTHORITIES 

RELATING TO PROGRAM TO BUILD THE CAPACITY OF 

FOREIGN MILITARY FORCES. 

(a) INCLUSION OF SMALL-SCALE MILITARY CONSTRUCTION

ACTIVITIES AMONG AUTHORIZED ELEMENTS.— (1) IN GENERAL.—Subsection (b)(1) of section 1206 of the 

National Defense Authorization Act for Fiscal Year 2006 (Public 

Law 109–163; 119 Stat. 3457), as amended by section 1206(a) 

of the John Warner National Defense Authorization Act for 

Fiscal Year 2007 (Public Law 109–364; 120 Stat. 2418), is 

further amended by striking ‘‘equipment, supplies, and 

training’’ and inserting ‘‘equipment, supplies, training, and 

small-scale military construction activities’’. 

(2) LIMITATION ON AVAILABILITY OF FUNDS.—Subsection (c) 

of section 1206 of the National Defense Authorization Act for 

Fiscal Year 2006, as most recently amended by section 1204(a) 

of the National Defense Authorization Act for Fiscal Year 2012 

(Public Law 112–81; 125 Stat. 1621), is further amended by 

adding at the end the following new paragraph: 

‘‘(6) LIMITATION ON AVAILABILITY OF FUNDS FOR SMALL- SCALE MILITARY CONSTRUCTION ACTIVITIES.—Of amounts available under this subsection for the authority in subsection (a) 

for a fiscal year— 

‘‘(A) not more than $750,000 may be obligated or 

expended for small-scale military construction activities 

under a program authorized under subsection (a); and 

‘‘(B) not more than $25,000,000 may be obligated or 

expended for small-scale military construction activities 

under all programs authorized under subsection (a).’’. 

(b) MODIFICATION OF NOTICE.—Subsection (e)(2) of section 1206 

of the National Defense Authorization Act for Fiscal Year 2006, 

as amended by section 1206(a) of the John Warner National Defense 

Authorization Act for Fiscal Year 2007, is further amended by 

adding at the end the following new subparagraph: 

‘‘(D) Detailed information (including the amount and 

purpose) on the assistance provided the country during 

the three preceding fiscal years under each of the following 

programs, accounts, or activities: 

‘‘(i) A program under this section. 

‘‘(ii) The Foreign Military Financing program 

under the Arms Export Control Act. 


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126 STAT. 1980 PUBLIC LAW 112–239—JAN. 2, 2013 

‘‘(iii) Peacekeeping Operations. 

‘‘(iv) The International Narcotics Control and Law 

Enforcement (INCLE) program under section 481 of 

the Foreign Assistance Act of 1961 (22 U.S.C. 2291). 

‘‘(v) Nonproliferation, Anti-Terrorism, Demining, 

and Related Programs (NADR). 

‘‘(vi) Counterdrug activities authorized by section 

1004 of the National Defense Authorization Act for 

Fiscal Year 1991 (10 U.S.C. 374 note) and section 

1033 of the National Defense Authorization Act for 

Fiscal Year 1998.’’. 

(c) EXTENSION.— (1) IN GENERAL.—Subsection (g) of section 1206 of the 

National Defense Authorization Act for Fiscal Year 2006, as 

most recently amended by section 1204(c) of the National 

Defense Authorization Act for Fiscal Year 2012 (125 Stat. 1622), 

is further amended— 

(A) by striking ‘‘September 30, 2013’’ and inserting 

‘‘September 30, 2014’’; and 

(B) by striking ‘‘fiscal years 2006 through 2013’’ and 

inserting ‘‘fiscal years 2006 through 2014’’. 

(2) TEMPORARY LIMITATION ON AMOUNT FOR CAPACITY FOR

PARTICIPATION IN OR SUPPORT OF MILITARY AND STABILITY OPERATIONS.—Subsection (c)(5) of section 1206 of the National 

Defense Authorization Act for Fiscal Year 2006, as most 

recently amended by section 1204(a) of the National Defense 

Authorization Act for Fiscal Year 2012, is further amended 

by striking ‘‘fiscal years 2102 and 2013’’ and inserting ‘‘fiscal 

years 2012, 2013, and 2014’’. 

(d) EFFECTIVE DATE.—The amendments made by this section 

shall take effect on the date of the enactment of this Act, and 

shall apply with respect to any country in which activities are 

initiated under section 1206 of the National Defense Authorization 

Act for Fiscal Year 2006 on or after that date. 

SEC. 1202. EXTENSION OF AUTHORITY FOR NON-RECIPROCAL 

EXCHANGES OF DEFENSE PERSONNEL BETWEEN THE 

UNITED STATES AND FOREIGN COUNTRIES. 

Section 1207(f) of the National Defense Authorization Act for 

Fiscal Year 2010 (Public Law 111–84; 123 Stat. 2514; 10 U.S.C. 

168 note) is amended by striking ‘‘September 30, 2012’’ and 

inserting ‘‘September 30, 2016’’. 

SEC. 1203. AUTHORITY TO BUILD THE CAPACITY OF CERTAIN 

COUNTERTERRORISM FORCES IN YEMEN AND EAST 

AFRICA. 

(a) AUTHORITY.—The Secretary of Defense may, with the 

concurrence of the Secretary of State, provide assistance as follows: 

(1) To enhance the ability of the Yemen Ministry of Interior 

Counter Terrorism Forces to conduct counterterrorism operations against al Qaeda in the Arabian Peninsula and its affiliates. 

(2) To enhance the capacity of the national military forces, 

security agencies serving a similar defense function, other 

counterterrorism forces, and border security forces of Djibouti, 

Ethiopia, and Kenya to conduct counterterrorism operations 

against al Qaeda, al Qaeda affiliates, and al Shabaab. 

Applicability. 


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(3) To enhance the capacity of national military forces 

participating in the African Union Mission in Somalia to conduct counterterrorism operations against al Qaeda, al Qaeda 

affiliates, and al Shabaab. 

(b) TYPES OF ASSISTANCE.— (1) AUTHORIZED ELEMENTS.—Assistance under subsection 

(a) may include the provision of equipment, supplies, training, 

and minor military construction. 

(2) REQUIRED ELEMENTS.—Assistance under subsection (a) 

shall be provided in a manner that promotes— 

(A) observance of and respect for human rights and 

fundamental freedoms; and 

(B) respect for legitimate civilian authority in the 

country receiving such assistance. 

(3) ASSISTANCE OTHERWISE PROHIBITED BY LAW.—The Secretary of Defense may not use the authority in subsection 

(a) to provide any type of assistance described in this subsection 

that is otherwise prohibited by any other provision of law. 

(4) LIMITATIONS ON MINOR MILITARY CONSTRUCTION.—The 

total amount that may be obligated and expended on minor 

military construction under subsection (a) in any fiscal year 

may not exceed amounts as follows: 

(A) In the case of minor military construction under 

paragraph (1) of subsection (a), $10,000,000. 

(B) In the case of minor military construction under 

paragraphs (2) and (3) of subsection (a), $10,000,000. 

(c) FUNDING.— 

(1) IN GENERAL.—Of the amount authorized to be appropriated for a fiscal year for the Department of Defense for 

operation and maintenance— 

(A) not more than $75,000,000 may be used to provide 

assistance under paragraph (1) of subsection (a); and 

(B) not more than $75,000,000 may used to provide 

assistance under paragraphs (2) and (3) of subsection (a). 

(2) AVAILABILITY OF FUNDS FOR ASSISTANCE ACROSS FISCAL

YEARS.—Amounts available under this subsection for the 

authority in subsection (a) for a fiscal year may be used for 

assistance under that authority that begins in such fiscal year 

but ends in the next fiscal year. 

(d) NOTICE TO CONGRESS.— 

(1) IN GENERAL.—Not later than 30 days before providing 

assistance under subsection (a), the Secretary of Defense shall 

submit to the committees of Congress specified in paragraph 

(2) a notice setting forth the assistance to be provided, including 

the types of such assistance, the budget for such assistance, 

and the completion date for the provision of such assistance. 

(2) COMMITTEES OF CONGRESS.—The committees of Congress specified in this paragraph are— 

(A) the Committee on Armed Services, the Committee 

on Foreign Relations, and the Committee on Appropriations 

of the Senate; and 

(B) the Committee on Armed Services, the Committee 

on Foreign Affairs, and the Committee on Appropriations 

of the House of Representatives. 

(e) EXPIRATION.—Except as provided in subsection (c)(2), the 

authority provided under subsection (a) may not be exercised after 

the earlier of— 

Deadline. 


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126 STAT. 1982 PUBLIC LAW 112–239—JAN. 2, 2013 

(1) the date on which the Global Security Contingency 

Fund achieves full operational capability; or 

(2) September 30, 2014. 

SEC. 1204. LIMITATION ON ACTIVITIES UNDER STATE PARTNERSHIP 

PROGRAM PENDING COMPLIANCE WITH CERTAIN PROGRAM-RELATED REQUIREMENTS. 

(a) LIMITATION.—If both requirements specified in subsection 

(b) are not met as of February 28, 2013, no activities may be 

carried out under the State Partnership Program after that date 

until both requirements are met. 

(b) REQUIREMENTS.—The requirements specified in this subsection are the following: 

(1) The requirement for the Secretary of Defense to submit 

to the appropriate congressional committees the final regulations required by subsection (a) of section 1210 of the National 

Defense Authorization Act for Fiscal Year 2010 (Public Law 

111–84; 123 Stat. 2517; 32 U.S.C. 107 note). 

(2) A requirement for the Secretary of Defense to certify 

to the appropriate congressional committees that appropriate 

modifications have been made, and appropriate controls have 

been instituted, to ensure the compliance of the Program with 

section 1341 of title 31, United States Code (commonly referred 

to as the ‘‘Anti-Deficiency Act’’), in the future. 

(c) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In 

this section, the term ‘‘appropriate congressional committees’’ has 

the meaning given that term in subsection (d) of section 1210 

of the National Defense Authorization Act for Fiscal Year 2010. 

Subtitle B—Matters Relating to Iraq, 

Afghanistan, and Pakistan 

SEC. 1211. AUTHORITY TO SUPPORT OPERATIONS AND ACTIVITIES OF 

THE OFFICE OF SECURITY COOPERATION IN IRAQ. 

(a) LIMITATION ON AMOUNT.—Subsection (c) of section 1215 

of the National Defense Authorization Act for Fiscal Year 2012 

(Public Law 112–81; 125 Stat. 1631) is amended by inserting at 

the end before the period the following: ‘‘and in fiscal year 2013 

may not exceed $508,000,000’’. 

(b) SOURCE OF FUNDS.—Subsection (d) of such section is 

amended— 

(1) by inserting ‘‘or fiscal year 2013’’ after ‘‘fiscal year 

2012’’; and 

(2) by striking ‘‘that fiscal year’’ and inserting ‘‘fiscal year 

2012 or 2013, as the case may be,’’. 

(c) ADDITIONAL AUTHORITY FOR THE ACTIVITIES OF THE OFFICE

OF SECURITY COOPERATION IN IRAQ.—Such section is further 

amended— 

(1) by redesignating subsection (f) as subsection (g); and 

(2) by inserting after subsection (e) the following new subsection (f): 

‘‘(f) ADDITIONAL AUTHORITY FOR ACTIVITIES OF OSCI.—During 

fiscal year 2013, the Secretary of Defense, with the concurrence 

of the Secretary of State, may authorize the Office of Security 

Cooperation in Iraq to conduct non-operational training activities 

in support of Iraqi Ministry of Defense and Counter Terrorism 

10 USC 113 note. 

Certification. 

Regulations. 

Deadline. 

32 USC 107 note. 


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Service personnel in an institutional environment to address capability gaps, integrate processes relating to intelligence, air sovereignty, combined arms, logistics and maintenance, and to manage 

and integrate defense-related institutions.’’. 

(d) REPORT.— 

(1) IN GENERAL.—Not later than 120 days after the date 

of the enactment of this Act, the Secretary of Defense, in 

consultation with the Secretary of State, shall submit to the 

appropriate congressional committees a report on the activities 

of the Office of Security Cooperation in Iraq. 

(2) MATTERS TO BE INCLUDED.—The report shall include 

the following: 

(A) A description, in unclassified form (but with a 

classified annex if appropriate), of any capability gaps in 

the security forces of Iraq, including capability gaps 

relating to intelligence matters, protection of Iraq airspace, 

and logistics and maintenance. 

(B) A description of the extent, if any, to which the 

programs of the Office of Security Cooperation in Iraq, 

in conjunction with other United States programs such 

as the Foreign Military Financing program, the Foreign 

Military Sales program, and joint training exercises, will 

address the capability gaps described in subparagraph (A) 

if the Government of Iraq requests assistance in addressing 

such capability gaps. 

(C) A detailed discussion of the current manpower, 

budget, and authorities of the Office of Security Cooperation in Iraq. 

(D) A detailed plan for the transition of the costs 

of the activities of the Office of Security Cooperation in 

Iraq to Foreign Military Sales case funding by September 

30, 2014, and a detailed description of the planned manpower, budget, and authorities of the Office to implement 

such a plan. 

(E) A description of existing authorities available to 

be used to cover the costs of training the Iraqi Security 

Forces, including a list of specific training activities and 

number of associated personnel that the Secretary of 

Defense determines cannot be conducted under any existing 

authority not provided by this section. 

(F) A description of those measures of effectiveness 

that will be used to evaluate the activities of the Office 

of Security Cooperation in Iraq and a discussion of the 

process that will use those measures of effectiveness to 

make determinations if specific activities of the Office 

should be expanded, altered, or terminated. 

(3) UPDATE REQUIRED.—Not later than September 30, 2013, 

the Secretary of Defense, in consultation with the Secretary 

of State, shall submit to the appropriate congressional committees an update of the report required by paragraph (1), 

including a description of any changes to any specific element 

or process described in subparagraphs (A) through (F) of paragraph (2). 

(4) DEFINITION.—In this subsection, the term ‘‘appropriate 

congressional committees’’ means— 

(A) the congressional defense committees; and 

Deadline. 

Consultation. 


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126 STAT. 1984 PUBLIC LAW 112–239—JAN. 2, 2013 

(B) the Committee on Foreign Relations of the Senate 

and the Committee on Foreign Affairs of the House of 

Representatives. 

SEC. 1212. REPORT ON INSIDER ATTACKS IN AFGHANISTAN AND THEIR 

EFFECT ON THE UNITED STATES TRANSITION STRATEGY 

FOR AFGHANISTAN. 

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

(1) to the maximum extent possible and consistent with 

the commander’s professional judgment and the requirements 

of the mission, the United States military should conduct local 

force protection for its troops on bases where such troops are 

garrisoned or housed in Afghanistan; 

(2) the increase in attacks and associated threats by 

Afghanistan National Security Forces personnel, Afghanistan 

National Security Forces impersonators, and private security 

contractors against United States, Afghanistan, and coalition 

military and civilian personnel raises concerns about the force 

protection for United States troops in Afghanistan and the 

procedures for screening, vetting, and monitoring Afghanistan 

National Security Forces personnel and Afghan Public Protection Force personnel; 

(3) the Department of Defense and the Government of 

Afghanistan are making efforts to address the threat of such 

attacks and associated threats, but continued leadership will 

be required; and 

(4) the North Atlantic Treaty Organization/International 

Security Assistance Force and the Government of Afghanistan 

should establish a program to continue to enhance vetting 

of Afghanistan National Security Forces and Afghan Public 

Protection Force recruits, to monitor the Afghanistan National 

Security Forces and the Afghan Public Protection Force personnel, and to re-assess Afghanistan National Security Forces 

and Afghan Public Protection Force personnel as required. 

(b) REPORT.—Not later than 90 days after the date of the 

enactment of this Act, the Secretary of Defense shall, in consultation 

with the Secretary of State and the Commander of North Atlantic 

Treaty Organization/International Security Assistance Force forces 

in Afghanistan, submit to Congress a report on the attacks and 

associated threats by Afghanistan National Security Forces personnel, Afghanistan National Security Forces impersonators, 

Afghan Public Protection Force personnel, Afghan Public Protection 

Force impersonators, and private security contractors against 

United States, Afghanistan, and coalition military and civilian personnel (‘‘insider attacks’’) in Afghanistan, and the effect of these 

attacks on the overall transition strategy in Afghanistan. 

(c) ELEMENTS.—The report required by subsection (b) shall 

include the following: 

(1) A description of the nature and proximate causes of 

the attacks described in subsection (b), including the following: 

(A) An estimate of the number of such attacks on 

United States, Afghanistan, and coalition military personnel since January 1, 2007. 

(B) An estimate of the number of United States, 

Afghanistan, and coalition personnel killed or wounded 

in such attacks. 


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(C) The circumstances or conditions that may have 

influenced such attacks. 

(D) An assessment of the threat posed by infiltration, 

and a best assessment of the extent of infiltration by insurgents into the Afghanistan National Security Forces and 

the Afghan Public Protection Force. 

(E) A description of trends in the prevalence of such 

attacks, including where such attacks occur, the political 

and ethnic affiliation of attackers, and the targets of 

attackers. 

(2) A description of the restrictions and other actions taken 

by the United States and North Atlantic Treaty Organization/ 

International Security Assistance Force forces to protect military and civilian personnel from future insider attacks, 

including measures in predeployment training. 

(3) A description of the actions taken by the Government 

of Afghanistan to prevent and respond to insider attacks, 

including improved vetting practices. 

(4) A description of the insider threat-related factors that 

will influence the size and scope of the post-2014 training 

mission for the Afghanistan National Security Forces. 

(5) An assessment of the impact of the insider attacks 

in Afghanistan in 2012 on the overall transition strategy in 

Afghanistan and its prospects for success, including an assessment how such insider attacks impact— 

(A) partner operations between North Atlantic Treaty 

Organization/International Security Assistance Force forces 

and Afghanistan National Security Forces; 

(B) training programs for the Afghanistan National 

Security Forces, including proposed training plans to be 

executed during the post-2014 training mission for the 

Afghanistan National Security Forces; 

(C) United States Special Forces training of the Afghan 

Local Police and its integration into the Afghanistan 

National Security Forces; and 

(D) the willingness of North Atlantic Treaty Organization/International Security Assistance Force allies to maintain forces in Afghanistan or commit to the post-2014 

training mission for the Afghanistan National Security 

Forces. 

(6) An assessment of the impact that a reduction in training 

and partnering would have on the independent capabilities 

of the Afghanistan National Security Forces, and whether the 

training of the Afghanistan National Security Forces should 

remain a key component of the United States and North 

Atlantic Treaty Organization strategy in Afghanistan. 

(d) ADDITIONAL REPORTS.—The Secretary of Defense shall 

submit to the congressional defense committees a semi-annual 

update to the report required under subsection (b) through 

December 31, 2014. The additional reports required by this subsection may be submitted in the report required by section 1230 

of the National Defense Authorization Act for Fiscal Year 2008 

(Public Law 110–181; 122 Stat. 385), as most recently amended 

by section 1218(a) of the National Defense Authorization Act for 

Fiscal Year 2012 (Public Law 112–81; 125 Stat. 1632). 

(e) UNCLASSIFIED EXECUTIVE SUMMARY.—The report submitted 

under subsection (b) and the semi-annual update to the report 


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submitted under subsection (d) shall include an executive summary 

of the contents of the report in unclassified form. 

SEC. 1213. UNITED STATES MILITARY SUPPORT IN AFGHANISTAN. 

(a) NOTIFICATION.—The Secretary of Defense shall notify the 

congressional defense committees of any decision of the President 

to change force levels of United States Armed Forces deployed 

in Afghanistan. 

(b) SUBMITTAL REQUIRED.—Not later than 30 days after a decision by the President to change the force levels of United States 

Armed Forces deployed in Afghanistan, the Chairman of the Joint 

Chiefs of Staff shall, through the Secretary of Defense, submit 

to the congressional defense committees a detailed assessment of 

the risk to the United States mission and interests in Afghanistan 

as the change in levels is implemented. 

(c) ELEMENTS.—The risk assessment under subsection (b) on 

a change in force levels of United States Armed Forces in Afghanistan shall include the following: 

(1) A description of the current security situation in 

Afghanistan. 

(2) A description of any anticipated changes to United 

States military operations and objectives in Afghanistan associated with such change in force levels. 

(3) An identification and assessment of any changes in 

United States military capabilities, including manpower, logistics, intelligence, and mobility support, in Afghanistan associated with such change in force levels. 

(4) An identification and assessment of the risk associated 

with any changes in United States mission, military capabilities, operations, and objectives in Afghanistan associated with 

such change in force levels. 

(5) An identification and assessment of any capability gaps 

within the Afghanistan security forces that will impact their 

ability to conduct operations following such change in force 

levels. 

(6) An identification and assessment of the risk associated 

with the transition of combat responsibilities to the Afghanistan 

security forces following such change in force levels. 

(7) An assessment of the impact of such change in force 

levels on coalition military contributions to the mission in 

Afghanistan. 

(8) A description of the assumptions to be in force regarding 

the security situation in Afghanistan following such change 

in force levels. 

(9) Such other matters regarding such change in force 

levels as the Chairman considers appropriate. 

(d) TERMINATION.—The requirement to notify the congressional 

defense committees under subsection (a) shall terminate on 

December 31, 2014. 

SEC. 1214. MODIFICATION OF REPORT ON PROGRESS TOWARD SECURITY AND STABILITY IN AFGHANISTAN. 

(a) IN GENERAL.—Section 1230 of the National Defense 

Authorization Act for Fiscal Year 2008 (Public Law 110–181; 122 

Stat. 385), as most recently amended by section 1218(a) of the 

National Defense Authorization Act for Fiscal Year 2012 (Public 

Law 112–81; 125 Stat. 1632), is further amended— 

Deadline. 

President. 

Assessment. 


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(1) by redesignating subsections (e), (f), and (g) as subsections (f), (g), and (h), respectively; and 

(2) by inserting after subsection (d) the following: 

‘‘(e) ADDITIONAL MATTERS TO BE INCLUDED ON AFGHANISTAN

NATIONAL SECURITY FORCES.—In reporting on performance indicators and measures of progress required under subsection (d)(2)(D), 

the report required under subsection (a) shall assess the following: 

‘‘(1) For overall Afghanistan National Security Forces 

(ANSF): 

‘‘(A) A description of the professionalization of the 

Afghan National Army (ANA) and Afghan National Police 

(ANP), including literacy, training benchmarks, and vetting 

outcomes. 

‘‘(B) An assessment of the ANA and the ANP interaction with the Afghan civilian population and respect 

for human rights. 

‘‘(C) An outline of United States contributions for the 

current fiscal year and one-year projected fiscal year and 

pledges for contributions by other countries. 

‘‘(D) The percentage of officer corps and noncommissioned officer corps personnel as compared to end-strength 

requirements. 

‘‘(2) For logistics: 

‘‘(A) An assessment of the ANA and ANP logistics 

system, including a discussion of critical supply shortfalls 

and challenges associated with filling supply requests. 

‘‘(B) A description of the logistical capacity of the ANA 

and ANP and how operations are sustained in the areas 

in which the ANA and ANP are transitioned and in areas 

in which the ANA and the ANP are in pre-transition stages. 

‘‘(3) For transition: 

‘‘(A) An assessment, by province, of the security situation and capability of ANSF in those areas that have been 

transitioned to an Afghan security lead, to include a 

description of the transition stages for each such province 

and readiness ratings for the ANSF in each such province. 

‘‘(B) An assessment, by province, of the security situation and capability of ANSF in pre-transition areas, to 

include readiness ratings. 

‘‘(C) A description of how security force assistance 

teams and security force assistance brigades will be 

integrated into ANSF units. 

‘‘(4) For preparation for the 2014 elections: The steps taken 

by the United States, ISAF, and the Government of Afghanistan 

to carry out the following: 

‘‘(A) Identify and train a sufficient number of the 

ANSF, to include female members of the ANSF. 

‘‘(B) Provide for the security of the elections, including 

security of polling places, election workers, election materials, and such other locations and personnel as may be 

necessary to safely carry out the elections, including participation of women. 

‘‘(C) Assist with ensuring that election workers and 

materials can be safely and securely transported in 

Afghanistan as may be required. 

‘‘(5) For partnership and assistance activities: 


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‘‘(A) A discussion of ongoing partnership activities in 

Afghanistan, including partnership activities as part of 

major operations and efforts, and including metrics used 

to measure the quantity of ongoing partnership activities 

and changes to how partnership activities are conducted 

that affect significant numbers of United States Armed 

Forces, ISAF, or Afghan units and the reasons for any 

such change. 

‘‘(B) A discussion of any transition from partnership 

activities conducted by United States Armed Forces or 

other international units with Afghan forces to the use 

of security force assistance teams or security force assistance brigades, including the reasons for such transition, 

advantages or drawbacks of such transition, and other 

information which may be pertinent. 

‘‘(C) The number of security force assistance teams 

and security force assistance brigades in Afghanistan, 

including the number of such teams and brigades provided 

by other members of ISAF, the number of such teams 

and brigades that are assisting each component of ANSF, 

and any unmet requirements for such teams and brigades.’’. 

(b) EFFECTIVE DATE.—The amendments made this section apply 

with respect to any report required to be submitted under section 

1230 of the National Defense Authorization Act for Fiscal Year 

2008 (Public Law 110–181; 122 Stat. 385) on or after the date 

of the enactment of this Act. 

SEC. 1215. INDEPENDENT ASSESSMENT OF THE AFGHAN NATIONAL 

SECURITY FORCES. 

(a) INDEPENDENT ASSESSMENT REQUIRED.—The Secretary of 

Defense shall provide for the conduct of an independent assessment 

of the strength, force structure, force posture, and capabilities 

required to make the Afghan National Security Forces (ANSF) 

capable of providing security for their own country so as to prevent 

Afghanistan from ever again becoming a safe haven for terrorists 

that threaten Afghanistan, the region, and the world. 

(b) CONDUCT OF ASSESSMENT.—The assessment required by 

subsection (a) may, at the election of the Secretary, be conducted 

by— 

(1) a Federally-funded research and development center 

(FFRDC); or 

(2) an independent, non-governmental institute described 

in section 501(c)(3) of the Internal Revenue Code of 1986 and 

exempt from tax under section 501(a) of such Code that has 

recognized credentials and expertise in national security and 

military affairs appropriate for the assessment. 

(c) ELEMENTS.—The assessment required by subsection (a) shall 

include, but not be limited to, the following: 

(1) An assessment of the likely internal and regional security environment for Afghanistan over the next decade, 

including challenges and threats to the security and sovereignty 

of Afghanistan from state and non-state actors. 

(2) An assessment of the strength, force structure, force 

posture, and capabilities required to make the Afghan National 

Security Forces capable of providing security for their own 

country so as to prevent Afghanistan from ever again becoming 

Applicability. 


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a safe haven for terrorists that threaten Afghanistan, the 

region, and the world. 

(3) An assessment of any capability gaps in the Afghan 

National Security Forces that are likely to persist after 2014 

and that will require continued support from the United States 

and its allies. 

(4) An assessment whether current proposals for the 

resourcing of the Afghan National Security Forces after 2014 

are adequate to establish and maintain long-term security for 

the Afghanistan people, and implications of the underresourcing of the Afghan National Security Forces for United 

States national security interests. 

(d) REPORT.—Not later than one year after the date of the 

enactment of this Act, the entity selected for the conduct of the 

assessment required by subsection (a) shall provide to the Secretary 

and the congressional defense committees a report containing its 

findings as a result of the assessment. The report shall be submitted 

in unclassified form, but may include a classified annex. 

(e) FUNDING.—Of the amounts authorized to be appropriated 

for fiscal year 2013 by section 301 and available for operation 

and maintenance for Defense-wide activities as specified in the 

funding table in section 4301, up to $1,000,000 shall be made 

available for the assessment required by subsection (a). 

(f) AFGHAN NATIONAL SECURITY FORCES.—For purposes of this 

section, the Afghan National Security Forces shall include all forces 

under the authority of the Afghan Ministry of Defense and Afghan 

Ministry of Interior, including the Afghan National Army, the 

Afghan National Police, the Afghan Border Police, the Afghan 

National Civil Order Police, and the Afghan Local Police. 

SEC. 1216. EXTENSION AND MODIFICATION OF LOGISTICAL SUPPORT 

FOR COALITION FORCES SUPPORTING CERTAIN UNITED 

STATES MILITARY OPERATIONS. 

(a) EXTENSION.—Section 1234 of the National Defense 

Authorization Act for Fiscal Year 2008 (Public Law 110–181; 122 

Stat. 394), as most recently amended by section 1211 of the National 

Defense Authorization Act for Fiscal Year 2012 (Public Law 112– 

81; 125 Stat. 1629)), is further amended by striking ‘‘fiscal year 

2012’’ each place it appears and inserting ‘‘fiscal year 2013’’. 

(b) REPEAL OF AUTHORITY FOR USE OF FUNDS IN CONNECTION

WITH IRAQ.— 

(1) IN GENERAL.—Subsection (a) of such section 1234, as 

so amended, is further amended by striking ‘‘Iraq and’’. 

(2) CONFORMING AMENDMENT.—The heading of such section 

1234 is amended by striking ‘‘IRAQ AND’’. 

SEC. 1217. REPORT ON AFGHANISTAN PEACE AND REINTEGRATION 

PROGRAM. 

(a) REPORT REQUIRED.—Not later than 120 days after the date 

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

consultation with the Secretary of State, submit to the appropriate 

committees of Congress a report on the Afghanistan Peace and 

Reintegration Program (APRP). 

(b) ELEMENTS.—The report required by subsection (a) shall 

include the following: 

(1) A description of the goals and objectives of the Afghanistan Peace and Reintegration Program. 


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(2) A description of the structure of the Program at the 

national and sub-national levels in Afghanistan, including the 

number and types of vocational training and other education 

programs. 

(3) A description of the activities of the Program as of 

the date of the report. 

(4) A description and assessment of the procedures for 

vetting individuals seeking to participate in the Program, 

including an assessment of the extent to which biometric identification systems are used and the role of provincial peace councils in such procedures. 

(5) The amount of funding provided by the United States, 

and by the international community, to support the Program, 

and the amount of funds so provided that have been distributed 

as of the date of the report. 

(6) An assessment of the individuals who have been reintegrated into the Program, set forth in terms as follows: 

(A) By geographic distribution by province. 

(B) By number of each of low-level insurgent fighters, 

mid-level commanders, and senior commanders. 

(C) By number confirmed to have been part of the 

insurgency. 

(D) By number who are currently members of the 

Afghan Local Police. 

(E) By number who are participating in or have completed vocational training or other educational programs 

as part of the Program. 

(7) A description and assessment of the procedures for 

monitoring the individuals participating in the Program. 

(8) A description and assessment of the role of women 

and minority populations in the implementation of the Program. 

(9) An assessment of the effectiveness of the activities 

of the Program described under paragraph (3) in achieving 

the goals and objectives of the Program. 

(10) Such recommendations as the Secretary of Defense 

considers appropriate for improving the implementation, oversight, and effectiveness of the Program. 

(c) APPROPRIATE COMMITTEES OF CONGRESS DEFINED.—In this 

section, the term ‘‘appropriate committees of Congress’’ means— 

(1) the Committee on Armed Services, the Committee on 

Foreign Relations, and the Committee on Appropriations of 

the Senate; and 

(2) the Committee on Armed Services, the Committee on 

Foreign Affairs, and the Committee on Appropriations of the 

House of Representatives. 

SEC. 1218. ONE-YEAR EXTENSION OF AUTHORITY TO USE FUNDS FOR 

REINTEGRATION ACTIVITIES IN AFGHANISTAN. 

Section 1216 of the Ike Skelton National Defense Authorization 

Act for Fiscal Year 2011 (Public Law 111–383; 124 Stat. 4392), 

as amended by section 1216 of the National Defense Authorization 

Act for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 1632), 

is further amended— 

(1) in subsection (a)— 

(A) by striking ‘‘$50,000,000’’ and inserting 

‘‘$35,000,000’’; and 


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(B) by striking ‘‘in each of fiscal years 2011 and 2012’’ 

and inserting ‘‘for fiscal year 2013’’; and 

(2) in subsection (e)— 

(A) by striking ‘‘utilize funds’’ and inserting ‘‘obligate 

funds’’; and 

(B) by striking ‘‘December 31, 2012’’ and inserting 

‘‘December 31, 2013’’. 

SEC. 1219. ONE-YEAR EXTENSION AND MODIFICATION OF AUTHORITY 

FOR PROGRAM TO DEVELOP AND CARRY OUT INFRASTRUCTURE PROJECTS IN AFGHANISTAN. 

Section 1217(f) of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111–383; 124 Stat. 4393), 

as amended by section 1217(a) of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 1632), 

is further amended— 

(1) by striking paragraph (1) and inserting the following 

new paragraph (1): 

‘‘(1) IN GENERAL.—Subject to paragraph (2), to carry out 

the program authorized under subsection (a), the Secretary 

of Defense may use amounts as follows: 

‘‘(A) Up to $400,000,000 made available to the Department of Defense for operation and maintenance for fiscal 

year 2012. 

‘‘(B) Up to $350,000,000 made available to the Department of Defense for operation and maintenance for fiscal 

year 2013.’’; 

(2) in paragraph (2)— 

(A) by striking ‘‘85 percent’’ and inserting ‘‘50 percent’’; 

(B) by inserting ‘‘for a fiscal year after fiscal year 

2011’’ after ‘‘in paragraph (1)’’; and 

(C) by striking ‘‘fiscal year 2012.’’ and inserting ‘‘such 

fiscal year, including for each project to be initiated during 

such fiscal year the following: 

‘‘(A) An estimate of the financial and other requirements necessary to sustain such project on an annual basis 

after the completion of such project. 

‘‘(B) An assessment whether the Government of 

Afghanistan is committed to and has the capacity to maintain and use such project after its completion. 

‘‘(C) A description of any arrangements for the 

sustainment of such project following its completion if the 

Government of Afghanistan lacks the capacity (in either 

financial or human resources) to maintain such project.’’; 

and 

(3) in paragraph (3), by adding at the end the following 

new subparagraph: 

‘‘(C) In the case of funds for fiscal year 2013, until 

September 30, 2014.’’. 

SEC. 1220. REPORT ON UPDATES AND MODIFICATIONS TO CAMPAIGN 

PLAN FOR AFGHANISTAN. 

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

on which any substantial update or modification is made to the 

campaign plan for Afghanistan (including the supporting and implementing documents for such plan), the Comptroller General of 

Assessment. 

Estimate. 

22 USC 7513 

note. 


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126 STAT. 1992 PUBLIC LAW 112–239—JAN. 2, 2013 

the United States shall submit to the congressional defense committees a report on the updated or modified plan, including an assessment of the updated or modified plan. 

(b) EXCEPTION.—The requirement to submit a report under 

subsection (a) on any substantial update or modification to the 

campaign plan for Afghanistan shall not apply if the Comptroller 

General— 

(1) determines that a report submitted to Congress by 

the Comptroller General before the date of the enactment of 

this Act substantially meets the requirement to submit the 

report under subsection (a); and 

(2) notifies the congressional defense committees in writing 

of the determination under paragraph (1). 

(c) TERMINATION.—The requirement to submit a report under 

subsection (a) on any substantial update or modification to the 

campaign plan for Afghanistan shall terminate on September 30, 

2014. 

(d) REPEAL OF SUPERSEDED REQUIREMENTS.—Section 1226 of 

the National Defense Authorization Act for Fiscal Year 2010 (Public 

Law 111–84; 123 Stat. 2525) is repealed. 

SEC. 1221. COMMANDERS’ EMERGENCY RESPONSE PROGRAM IN 

AFGHANISTAN. 

(a) ONE-YEAR EXTENSION.— (1) IN GENERAL.—Section 1201 of the National Defense 

Authorization Act for Fiscal Year 2012 (Public Law 112–81; 

125 Stat. 1619) is amended by striking ‘‘fiscal year 2012’’ each 

place it appears and inserting ‘‘fiscal year 2013’’. 

(2) CONFORMING AMENDMENT.—The heading of subsection 

(a) of such section is amended by striking ‘‘FISCAL YEAR 2012’’ 

and inserting ‘‘FISCAL YEAR 2013’’. 

(b) AMOUNT OF FUNDS AVAILABLE DURING FISCAL YEAR 2013.— 

Subsection (a) of such section is further amended by striking 

‘‘$400,000,000’’ and inserting ‘‘$200,000,000’’. 

SEC. 1222. AUTHORITY TO TRANSFER DEFENSE ARTICLES AND PROVIDE DEFENSE SERVICES TO THE MILITARY AND SECURITY FORCES OF AFGHANISTAN. 

(a) NONEXCESS ARTICLES AND RELATED SERVICES.—The Secretary of Defense may, with the concurrence of the Secretary of 

State, transfer nonexcess defense articles from the stocks of the 

Department of Defense, without reimbursement from the Government of Afghanistan, and provide defense services in connection 

with the transfer of such defense articles, to the military and 

security forces of Afghanistan to support the efforts of those forces 

to restore and maintain peace and security in that country. 

(b) LIMITATIONS.— (1) VALUE.—The aggregate replacement value of all defense 

articles transferred and defense services provided in connection 

with such defense articles under subsection (a) in any fiscal 

year may not exceed $250,000,000. 

(2) SOURCE OF TRANSFERRED ARTICLES.—The authority 

under subsection (a) may only be used for defense articles 

that— 

(A) were present in Afghanistan as of the date of 

the enactment of this Act; 

(B) immediately before transfer were in use to support 

operations in Afghanistan; and 

Notification. 

Determination. 


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(C) are no longer required by United States forces 

in Afghanistan. 

(c) APPLICABLE LAW.—Any defense articles transferred or 

defense services provided under the authority of subsection (a) 

shall be subject to the authorities and limitations applicable to 

excess defense articles under section 516 of the Foreign Assistance 

Act of 1961 (22 U.S.C. 2321j), other than the authorities and limitations in subsections (b)(1)(B), (e), (f), and (g) of such section. 

(d) REPORT REQUIRED BEFORE EXERCISE OF AUTHORITY.— 

(1) IN GENERAL.—The Secretary of Defense may not exercise 

the authority under subsection (a) until 15 days after the 

Secretary submits to the appropriate committees of Congress 

a report on the equipment and other property of the Department of Defense in Afghanistan. 

(2) ELEMENTS.—The report required under paragraph (1) 

shall include the following: 

(A) A description of the process for inventorying equipment and property, including defense articles, in Afghanistan owned by the Department of Defense, including equipment and property owned by the Department and under 

the control of contractors in Afghanistan. 

(B) An estimate of the types and quantities of equipment and property of the Department of Defense, including 

defense articles, anticipated to be withdrawn from Afghanistan in connection with the drawdown of United States 

military forces from Afghanistan between the date of the 

enactment of this Act and December 31, 2014, including 

equipment and property owned by the Department and 

under the control of contractors in Afghanistan. 

(e) NOTICE ON EXERCISE OF AUTHORITY.— 

(1) IN GENERAL.—The Secretary of Defense may not 

transfer defense articles or provide defense services under subsection (a) until 15 days after the date on which the Secretary 

of Defense, with the concurrence of the Secretary of State, 

submits to the appropriate committees of Congress notice of 

the proposed transfer of defense articles and provision of 

defense services. 

(2) ELEMENTS.—A notice under paragraph (1) shall include 

the following: 

(A) A description of the amount and types of defense 

articles to be transferred and defense services to be provided. 

(B) A statement describing the current value of the 

defense articles to be transferred and the estimated replacement value of such articles. 

(C) An identification of the element of the military 

or security force that is the proposed recipient of the 

defense articles to be transferred and defense service to 

be provided. 

(D) An identification of the military department from 

which the defense articles to be transferred are to be drawn. 

(E) An assessment of the impact, if any, of the transfer 

of defense articles on the readiness of units from which 

the defense articles are to be transferred, and the plan, 

if any, for mitigating such impact or reimbursing the military department of such units for such defense articles. 

Time period. 


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(F) An assessment of the ability of the Government 

of Afghanistan to sustain the costs associated with 

receiving, possessing, and using the defense articles to 

be transferred. 

(G) A determination and certification by the Secretary 

of Defense, with the concurrence of the Secretary of State, 

that— 

(i) the proposed transfer of the defense articles 

to be transferred and the provision of defense services 

to be provided in connection with such transfer is 

in the national interest of the United States; and 

(ii) such defense articles are required by the military and security forces of Afghanistan to build their 

capacity to restore and maintain peace and security 

in that country. 

(f) QUARTERLY REPORTS.— (1) IN GENERAL.—Not later than 90 days after the date 

of the first transfer of defense articles and provision of defense 

services under the authority in subsection (a), and at the end 

of each calendar quarter, if any, thereafter through March 

31, 2015, in which the authority in subsection (a) is exercised, 

the Secretary of Defense shall submit to the appropriate 

committees of Congress a report on the implementation of 

the authority in subsection (a). Each report shall include the 

replacement value of the defense articles transferred pursuant 

to subsection (a), both in the aggregate and by military department, and defense services provided to the Government of 

Afghanistan, during the 90-day period ending on the date of 

such report. 

(2) INCLUSION IN OTHER REPORT.—A report required under 

paragraph (1) may be included in the report required under 

section 9204 of the Supplemental Appropriations Act, 2008 

(Public Law 110–252; 122 Stat. 2410) or any follow on report 

to such other report. 

(g) DEFINITIONS.—In this section: 

(1) APPROPRIATE COMMITTEES OF CONGRESS.—The term 

‘‘appropriate committees of Congress’’ means— 

(A) the Committee on Armed Services, the Committee 

on Foreign Relations, and the Committee on Appropriations 

of the Senate; and 

(B) the Committee on Armed Services, the Committee 

on Foreign Affairs, and the Committee on Appropriations 

of the House of Representatives. 

(2) DEFENSE ARTICLES.—The term ‘‘defense articles’’ has 

the meaning given the term in section 644(d) of the Foreign 

Assistance Act of 1961 (22 U.S.C. 2403(d)). 

(3) DEFENSE SERVICES.—The term ‘‘defense services’’ has 

the meaning given the term in section 644(f) of the Foreign 

Assistance Act of 1961 (22 U.S.C. 2403(f)). 

(4) MILITARY AND SECURITY FORCES.—The term ‘‘military 

and security forces’’ means national armies, national air forces, 

national navies, national guard forces, police forces, and border 

security forces, but does not include nongovernmental or irregular forces (such as private militias). 

(h) EXPIRATION.—The authority provided in subsection (a) may 

not be exercised after December 31, 2014. 

(i) EXCESS DEFENSE ARTICLES.— 


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(1) ADDITIONAL AUTHORITY.—The authority provided by 

subsection (a) is in addition to the authority provided by section 

516 of the Foreign Assistance Act of 1961. 

(2) EXEMPTIONS.— (A) During fiscal years 2013 and 2014, the value of 

excess defense articles transferred from the stocks of the 

Department of Defense in Afghanistan pursuant to section 

516 of the Foreign Assistance Act of 1961 shall not be 

counted against the limitation on the aggregate value of 

excess defense articles transferred contained in subsection 

(g) of such section. 

(B) During fiscal years 2013 and 2014, any excess 

defense articles specified in subparagraph (A) shall not 

be subject to the authorities and limitations applicable 

to excess defense articles under section 516 of the Foreign 

Assistance Act of 1961 contained in subsections (b)(1)(B) 

and (e) of such section. 

SEC. 1223. REPORT ON EFFORTS TO PROMOTE THE SECURITY OF 

AFGHAN WOMEN AND GIRLS DURING THE SECURITY 

TRANSITION PROCESS. 

(a) REPORT.— 

(1) IN GENERAL.—Not later than 180 days after the date 

of the enactment of this Act, the Secretary of Defense and 

the Secretary of State shall jointly submit to the appropriate 

congressional committees a report on efforts by the United 

States Government to promote the security of Afghan women 

and girls during the security transition process. 

(2) ELEMENTS.—The report required under paragraph (1) 

shall include the following elements: 

(A) A discussion of efforts to monitor changes in 

women’s security conditions in areas undergoing transition, 

including the following: 

(i) A description of the roles and responsibilities 

of the offices within the International Security Assistance Force, the United States Embassy, and the NATO 

Training Mission–Afghanistan that have lead responsibility for gender issues. 

(ii) A description of the indicators against which 

sex-disaggregated data is collected and what, if any, 

additional indicators may enhance efforts to measure 

the security of women and girls during the transition 

process. 

(iii) A discussion of how these indicators are or 

may be incorporated into ongoing efforts to assess 

overall security conditions during the transition period. 

(iv) Recommendations, if any, on how assessments 

of women’s security can be more fully integrated into 

current procedures used to determine an area’s readiness to proceed through the transition process. 

(B) A discussion of efforts that may increase gender 

awareness and responsiveness among Afghan National 

Army (ANA) and Afghan National Police (ANP) personnel, 

including the following: 

(i) A description of the efforts, if any, to work 

with Afghan and coalition partners to promote training 

curricula and programming that address the human 


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rights and treatment of women and girls and that 

assess the quality and impact of such training. 

(ii) A description of the efforts, if any, to work 

with ANA and ANP leaders to develop enforcement 

and accountability mechanisms for ANA and ANP personnel who violate codes of conduct related to the 

human rights of women and girls. 

(iii) A description of the efforts, if any, to work 

with Afghan and coalition partners to promote the 

implementation of the above tools and develop uniform 

methods and standards for training and enforcement. 

(iv) Recommendations, if any, for enhancing efforts 

to promote the objectives described in clauses (i) 

through (iii). 

(C) A discussion of efforts to increase the number of 

female members of the ANA and ANP, including the following: 

(i) A description of the efforts, if any, to assist 

ANA and ANP leaders in developing realistic and 

achievable objectives for the recruitment and retention 

of women to the ANA and ANP by the end of the 

security transition period in 2014. 

(ii) A description of the efforts, if any, to assist 

ANA and ANP leaders and coalition partners in 

addressing physical and cultural challenges to the 

recruitment and retention of female ANA and ANP 

personnel. 

(iii) A description of the efforts, if any, to assist 

ANA and ANP leaders in increasing awareness of how 

women members of the security forces may improve 

the overall effectiveness of the ANA and ANP. 

(iv) A description of the efforts, if any, to assist 

ANA and ANP leaders in developing a plan for 

maintaining and increasing the recruitment and retention of women in the ANA and ANP following the 

completion of the security transition. 

(v) Recommendations, if any, for enhancing efforts 

to promote the objectives described in clauses (i) 

through (iv). 

(3) UPDATES.—The Secretary of Defense shall include in 

each report on progress toward security and stability in 

Afghanistan that is submitted to Congress under sections 1230 

and 1231 of the National Defense Authorization Act for Fiscal 

Year 2008 (Public Law 110–181; 122 Stat. 385, 390) updated 

information on efforts by the United States Government to 

promote the security of Afghan women and girls consistent 

with the requirements of this section. 

(b) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In 

this section, the term ‘‘appropriate congressional committees’’ 

means— 

(1) the Committee on Armed Services and the Committee 

on Foreign Relations of the Senate; and 

(2) the Committee on Armed Services and the Committee 

on Foreign Affairs of the House of Representatives. 


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PUBLIC LAW 112–239—JAN. 2, 2013 126 STAT. 1997 

SEC. 1224. SENSE OF CONGRESS COMMENDING THE ENDURING STRATEGIC PARTNERSHIP AGREEMENT BETWEEN THE UNITED 

STATES AND AFGHANISTAN. 

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

(1) The United States and Afghanistan have been allies 

in the conflict against al Qaeda and its affiliates for over 

a decade, with the shared goal of ensuring that Afghanistan 

is never again a sanctuary for al Qaeda. 

(2) The United States and Afghanistan are committed to 

the framework agreed to at the North Atlantic Treaty Organization (NATO) Summit in Lisbon in 2010, and reaffirmed at 

the NATO Summit in Chicago in 2012, for the transition from 

coalition forces to the Afghan National Security Forces of lead 

responsibility for security throughout Afghanistan by the end 

of 2014. 

(3) In June 2011, President Barack Obama said, ‘‘What 

we can do, and will do, is build a partnership with the Afghan 

people that endures—one that ensures that we will be able 

to continue targeting terrorists and supporting a sovereign 

Afghan government’’. 

(4) In November 2011, a traditional loya jirga in Kabul 

declared that ‘‘strategic cooperation with the United States 

of America, which is a strategic ally of the people and government of Afghanistan, is considered important in order to ensure 

political, economic, and military security’’ and also stated, 

‘‘Signing a strategic cooperation document with the United 

States conforms with the national interest of Afghanistan and 

is of significant importance’’. 

(5) On May 2, 2012, President Obama and President Hamid 

Karzai signed the Enduring Strategic Partnership Agreement 

Between the United States of America and the Islamic Republic 

of Afghanistan. 

(6) At the signing of the Enduring Strategic Partnership 

Agreement, President Obama said, ‘‘Today we’re agreeing to 

be long-term partners in combating terrorism, and training 

Afghan security forces, strengthening democratic institutions 

and supporting development, and protecting human rights of 

all Afghans. With this agreement, the Afghan people, and the 

world, should know that Afghanistan has a friend and a partner 

in the United States’’. 

(7) At a May 20, 2012, bilateral meeting with President 

Karzai at the NATO Summit in Chicago, President Obama 

said that the Enduring Strategic Partnership Agreement 

‘‘reflects a future in which two sovereign nations—the United 

States and Afghanistan—are operating as partners, to the benefit of our countries’ citizens, but also for the benefit of peace 

and security and stability in the region and around the world’’. 

(8) President Karzai said at the May 20, 2012, bilateral 

meeting with President Obama, ‘‘Mr. President, the partnership 

that we signed a few weeks ago in Kabul has turned a new 

page in our relations. And the new page is a page of two 

sovereign countries working together for the mutual interests— 

peace and security and in all other areas’’. 

(9) On May 26, 2012, the Wolesi Jirga, the lower house 

of the Afghan parliament, approved the Agreement by a vote 

of 191–7 with 2 abstentions. 


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126 STAT. 1998 PUBLIC LAW 112–239—JAN. 2, 2013 

(10) On June 3, 2012, the Meshrano Jirga, the upper house 

of the Afghan parliament, approved the Agreement by a vote 

of 67–13. 

(11) On July 8, 2012, at the Tokyo Conference on Afghanistan, the international community and the Government of 

Afghanistan reaffirmed their partnership in the economic 

growth and development of Afghanistan through a process of 

mutual commitments and accountability. 

(12) On July 4, 2012, the Enduring Strategic Partnership 

Agreement entered into force. 

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

(1) the members of the United States Armed Forces, intelligence community, and diplomatic and development community 

of the United States are to be commended for their dedicated 

efforts and sacrifices in support of military and stability operations in Afghanistan that have helped strengthen security 

in Afghanistan, laid the foundation for transition to a longterm partnership between the United States and a sovereign 

Afghanistan, and supported the Government and people of 

Afghanistan as they continue to build their capacity to effectively and justly govern; 

(2) the United States negotiating team for the Enduring 

Strategic Partnership Agreement, including the United States 

Embassy personnel in Kabul under the leadership of Ambassador Ryan Crocker, is to be commended for its committed 

diplomatic efforts; 

(3) the Governments of the United States and Afghanistan 

are to be commended for concluding the Enduring Strategic 

Partnership Agreement; 

(4) Congress supports the objectives and principles of the 

Enduring Strategic Partnership Agreement, including protecting and promoting shared democratic values, advancing 

long-term security, reinforcing regional security and cooperation, fostering social and economic development, upholding the 

rights of women and minorities, and strengthening institutions 

and governance in Afghanistan; 

(5) it is essential that the Government and people of 

Afghanistan fulfill Afghanistan’s international commitments as 

agreed at the Tokyo Conference of July 2012, the Bonn Conference of December 2011, the Kabul Conference of July 2011, 

and other venues to combat corruption, protect the equal rights 

of all citizens of Afghanistan and enforce the rule of law, 

hold free and fair elections in 2014, and build inclusive and 

effective institutions of democratic governance; 

(6) a key national security interest of the United States 

is to maintain a long-term political, economic, and military 

relationship with Afghanistan, including a limited presence 

of United States Armed Forces for the purpose of training, 

advising, and supporting Afghan National Security Forces and 

cooperating on shared counterterrorism objectives; 

(7) the negotiation and conclusion of a Bilateral Security 

Agreement, as called for in the Enduring Strategic Partnership 

Agreement, will provide a fundamental framework for the longterm security relationship between the United States and 

Afghanistan; and 


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PUBLIC LAW 112–239—JAN. 2, 2013 126 STAT. 1999 

(8) Congress has a critical role in continuing to provide 

the support and assistance necessary to achieve the goals of 

the Enduring Strategic Partnership Agreement. 

SEC. 1225. CONSULTATIONS WITH CONGRESS ON A BILATERAL SECURITY AGREEMENT WITH AFGHANISTAN. 

(a) CONSULTATIONS REQUIRED.—Commencing not later than 

30 days after the date of the enactment of this Act, the President 

shall consult periodically with the appropriate committees of Congress on the status of the negotiations on a bilateral security 

agreement between the United States of America and the Islamic 

Republic of Afghanistan. Such consultations shall include a briefing 

summarizing the purpose, objectives, and key issues relating to 

the agreement. 

(b) AVAILABILITY OF AGREEMENT TEXT.—Before entering into 

any bilateral security agreement with Afghanistan, the President 

shall make available to the appropriate committees of Congress 

the text of such agreement. 

(c) TERMINATION OF CONSULTATIONS.—The requirements of this 

section shall terminate on the date on which the United States 

and Afghanistan enter into a bilateral security agreement or the 

President notifies Congress that negotiations on such an agreement 

have been terminated. 

(d) APPROPRIATE COMMITTEES OF CONGRESS DEFINED.—In this 

section, the term ‘‘appropriate committees of Congress’’ means— 

(1) the Committee on Armed Services and the Committee 

on Foreign Relations of the Senate; and 

(2) the Committee on Armed Services and the Committee 

on Foreign Affairs of the House of Representatives. 

SEC. 1226. COMPLETION OF TRANSITION OF UNITED STATES COMBAT 

AND MILITARY AND SECURITY OPERATIONS TO THE 

GOVERNMENT OF AFGHANISTAN. 

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

(1) the President should, in coordination with the Government of Afghanistan, North Atlantic Treaty Organization 

(NATO) member countries, and other allies in Afghanistan, 

seek to— 

(A) undertake all appropriate activities to accomplish 

the President’s stated goal of transitioning the lead responsibility for security to the Government of Afghanistan by 

mid-summer 2013; 

(B) as part of accomplishing this transition of the lead 

responsibility for security to the Government of Afghanistan, draw down United States troops to a level sufficient 

to meet this goal; 

(C) continue to draw down United States troop levels 

through the end of 2014; and 

(D) end all regular combat operations by United States 

troops by not later than December 31, 2014, and take 

all possible steps to end such operations at the earliest 

date consistent with a safe and orderly draw down of 

United States troops in Afghanistan; and 

(2) the recommendations of the commanders of the International Security Assistance Force on the overall strategy for 

Afghanistan, including the pace of the draw down, should be 

given serious consideration. 

22 USC 7511 

note. 


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126 STAT. 2000 PUBLIC LAW 112–239—JAN. 2, 2013 

(b) RULE OF CONSTRUCTION.—Nothing in this section shall be 

construed to recommend or support any limitation or prohibition 

on any authority of the President— 

(1) to modify the military strategy, tactics, and operations 

of United States Armed Forces as such Armed Forces redeploy 

from Afghanistan; 

(2) to authorize United States forces in Afghanistan to 

defend themselves whenever they may be threatened; 

(3) to attack al-Qaeda forces wherever such forces are 

located; 

(4) to provide financial support and equipment to the 

Government of Afghanistan for the training and supply of 

Afghanistan military and security forces; or 

(5) to gather, provide, and share intelligence with United 

States allies operating in Afghanistan and Pakistan. 

SEC. 1227. EXTENSION AND MODIFICATION OF AUTHORITY FOR 

REIMBURSEMENT OF CERTAIN COALITION NATIONS FOR 

SUPPORT PROVIDED TO UNITED STATES MILITARY OPERATIONS. 

(a) EXTENSION OF AUTHORITY.—Subsection (a) of section 1233 

of the National Defense Authorization Act for Fiscal Year 2008 

(Public Law 110–181; 122 Stat. 393), as most recently amended 

by section 1213 of the National Defense Authorization Act for 

Fiscal Year 2012 (Public Law 112–81; 125 Stat. 1630), is further 

amended by striking ‘‘for fiscal year 2012’’ and inserting ‘‘for fiscal 

year 2013’’. 

(b) LIMITATION ON AMOUNTS AVAILABLE.—Subsection (d) of such 

section 1233, as so amended, is further amended— 

(1) in paragraph (1)— 

(A) by striking ‘‘during fiscal year 2012 may not exceed 

$1,690,000,000’’ and inserting ‘‘during fiscal year 2013 may 

not exceed $1,650,000,000’’; and 

(B) by adding at the end the following new sentence: 

‘‘Of the aggregate amount specified in the preceding sentence, the total amount of reimbursements made under 

subsection (a) and support provided under subsection (b) 

to Pakistan during fiscal year 2013 may not exceed 

$1,200,000,000.’’; and 

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

‘‘(3) PROHIBITION ON REIMBURSEMENT OF PAKISTAN FOR SUPPORT DURING PERIODS CLOSED TO TRANSSHIPMENT.—Effective 

as of the date of the enactment of the National Defense 

Authorization Act for Fiscal Year 2013, funds (including funds 

from a prior fiscal year that remain available for obligation) 

may not be used for reimbursements under the authority in 

subsection (a) for Pakistan for claims of support provided during 

any period when the ground lines of supply through Pakistan 

to Afghanistan were closed to the transshipment of equipment 

and supplies in support of United States military operations 

in Afghanistan.’’. 

(c) SUPPORTED OPERATIONS.—Such section 1233 is further 

amended in subsections (a)(1) and (b) by striking ‘‘Operation Iraqi 

Freedom or’’. 

(d) LIMITATION ON REIMBURSEMENT OF PAKISTAN IN FISCAL

YEAR 2013 PENDING CERTIFICATION ON PAKISTAN.— 


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PUBLIC LAW 112–239—JAN. 2, 2013 126 STAT. 2001 

(1) IN GENERAL.—Effective as of the date of the enactment 

of this Act, no amounts authorized to be appropriated by this 

Act, and no amounts authorized to be appropriated for fiscal 

years before fiscal year 2013 that remain available for obligation, may be used for reimbursements of Pakistan under the 

authority in subsection (a) of section 1233 of the National 

Defense Authorization Act for Fiscal Year 2008, as amended 

by this section, until the Secretary of Defense certifies to the 

congressional defense committees each of the following: 

(A) That Pakistan is maintaining security along the 

Ground Lines of Communications (GLOCs) through Pakistan to Afghanistan for the transshipment of equipment 

and supplies in support of United States military operations 

in Afghanistan and the retrograde of United States equipment out of Afghanistan. 

(B) That Pakistan is taking demonstrable steps to— 

(i) support counterterrorism operations against al 

Qaeda, Tehrik-i-Taliban Pakistan, and other militant 

extremists groups such as the Haqqani Network and 

the Quetta Shura Taliban located in Pakistan; 

(ii) disrupt the conduct of cross-border attacks 

against United States, coalition, and Afghanistan security forces located in Afghanistan by such groups 

(including the Haqqani Network and the Quetta Shura 

Taliban) from bases in Pakistan; and 

(iii) counter the threat of improvised explosive 

devices, including efforts to attack improvised explosive 

device networks, monitor known precursors used in 

improvised explosive devices, and systematically 

address the misuse of explosive materials (including 

calcium ammonium nitrate) and accessories and their 

supply to legitimate end-users in a manner that 

impedes the flow of improvised explosive devices and 

improvised explosive device components into Afghanistan. 

(2) WAIVER AUTHORITY.—The Secretary may waive the 

limitation in paragraph (1) if the Secretary certifies to the 

congressional defense committees in writing that the waiver 

is in the national security interests of the United States and 

includes with such certification a justification for the waiver. 

(3) REPORT.—Not later than 90 days after the date of 

enactment of this Act, the Secretary of Defense shall, in consultation with the Secretary of State, submit to the congressional defense committees a report on the provision of 

reimbursements and support to Pakistan under this section 

and the amendments made by this section. The report shall 

include the following: 

(A) A description of the process for reimbursing or 

providing support to Pakistan under section 1233 of the 

National Defense Authorization Act for Fiscal Year 2008, 

as so amended, including the process by which claims are 

proposed and adjudicated. 

(B) Any conditions or caveats that the Government 

of Pakistan has placed on the use of the ground lines 

of supply through Pakistan in support of United States 

forces in Afghanistan or for the retrograde of United States 

equipment out of Afghanistan. 

Effective date. 


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126 STAT. 2002 PUBLIC LAW 112–239—JAN. 2, 2013 

(C) An estimate of the costs for fiscal years 2011 

through 2013 associated with the transshipment of equipment and supplies in support of United States forces in 

Afghanistan through— 

(i) supply routes in Pakistan; and 

(ii) supply routes along the Northern Distribution 

Network. 

SEC. 1228. EXTENSION AND MODIFICATION OF PAKISTAN COUNTERINSURGENCY FUND. 

(a) EXTENSION.—Section 1224(h) of the National Defense 

Authorization Act for Fiscal Year 2010 (Public Law 111–84; 123 

Stat. 2521), as most recently amended by section 1220(a) of the 

National Defense Authorization Act for Fiscal Year 2012 (Public 

Law 112–81; 125 Stat. 1633), is further amended by striking ‘‘September 30, 2012’’ each place it appears and inserting ‘‘September 

30, 2013’’. 

(b) EXTENSION OF LIMITATION ON FUNDS PENDING REPORT.— 

Section 1220(b)(1)(A) of the National Defense Authorization Act 

for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 1633) is amended 

by striking ‘‘fiscal year 2012’’ and inserting ‘‘fiscal year 2013’’. 

(c) LIMITATION ON USE OF FUNDS.— 

(1) LIMITATION.—None of the funds authorized to be appropriated by this Act or otherwise made available for the Pakistan 

Counterinsurgency Fund may be used to provide assistance 

to the Government of Pakistan until the Secretary of Defense, 

in consultation with the Secretary of State, certifies to the 

appropriate congressional committees that— 

(A) the Government of Pakistan is demonstrating a 

continuing commitment to and is making significant efforts 

toward the implementation of a strategy to counter improvised explosive devices (IEDs), including— 

(i) attacking IED networks; 

(ii) monitoring known precursors used in IEDs; 

and 

(iii) developing a strict protocol for the manufacture of explosive materials, including calcium ammonium nitrate, and accessories and their supply to legitimate end users; and 

(B) the Government of Pakistan is cooperating with 

United States counterterrorism efforts, including by not 

detaining, prosecuting, or imprisoning citizens of Pakistan 

as a result of their cooperation with such efforts, including 

Dr. Shakil Afridi. 

(2) WAIVER.—The Secretary of Defense, in consultation with 

the Secretary of State, may waive the requirements of paragraph (1) if the Secretary of Defense determines it is in the 

national security interest of the United States to do so. 

(3) DEFINITION.—In this subsection, the term ‘‘appropriate 

congressional committees’’ means— 

(A) the congressional defense committees; and 

(B) the Committee on Foreign Relations of the Senate 

and the Committee on Foreign Affairs of the House of 

Representatives. 

Consultation. 

Shakil Afridi. 

Consultation. 

Certification. 


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PUBLIC LAW 112–239—JAN. 2, 2013 126 STAT. 2003 

Subtitle C—Matters Relating to Iran 

SEC. 1231. REPORT ON UNITED STATES CAPABILITIES IN RELATION 

TO CHINA, NORTH KOREA, AND IRAN. 

(a) REPORT.—Not later than 90 days after the date of the 

enactment of this Act, and not later than March 31, 2014, the 

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

commanders of the relevant geographical and functional combatant 

commands, shall submit to the congressional defense committees 

a report on United States capabilities in relation to the People’s 

Republic of China, the Democratic People’s Republic of Korea, and 

the Republic of Iran. 

(b) ELEMENTS.—The report required by subsection (a) shall 

include the following elements: 

(1) Any critical gaps in intelligence that limit the ability 

of the United States Armed Forces to counter challenges or 

threats emanating from each of the foreign countries described 

in subsection (a). 

(2) Any gaps in the capabilities, capacity, and authorities 

of the United States Armed Forces to counter challenges or 

threats to United States personnel and United States interests 

in the respective regions of the foreign countries described 

in subsection (a). 

(3) Any other matters the Chairman of the Joint Chiefs 

of Staff considers to be relevant. 

(c) INFORMATION TO BE CONSIDERED.—In preparing the report 

required by subsection (a), the Chairman of the Joint Chiefs of 

Staff should consider the information contained in the most recent 

reports required by the following: 

(1) Section 1236 of the National Defense Authorization 

Act for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 1641). 

(2) Section 1245 of the National Defense Authorization 

Act for Fiscal Year 2010 (Public Law 111–84; 123 Stat. 2542). 

(3) Section 1202 of the National Defense Authorization 

Act for Fiscal Year 2000 (Public Law 106–65; 113 Stat. 781; 

10 U.S.C. 113 note). 

SEC. 1232. REPORT ON MILITARY CAPABILITIES OF GULF COOPERATION COUNCIL MEMBERS. 

(a) REPORT.—The Secretary of Defense, in consultation with 

the Secretary of State, shall evaluate the military capabilities of 

members of the Cooperation Council for the Arab States of the 

Gulf (in this section referred to as the ‘‘Gulf Cooperation Council’’) 

and submit to the appropriate congressional committees a report 

on the findings of such evaluation. 

(b) MATTERS TO BE INCLUDED.—The report required under 

subsection (a) shall include the following: 

(1) An assessment of the military capabilities of Gulf 

Cooperation Council members to defend collectively against 

Iran and contribute to international counter-terrorism and 

counter-piracy efforts. 

(2) An assessment of gaps in the military capabilities of 

Gulf Cooperation Council members to defend collectively 

against Iran and a detailed description of military capabilities 

necessary to address those gaps. 


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126 STAT. 2004 PUBLIC LAW 112–239—JAN. 2, 2013 

(3) An evaluation of United States military capabilities 

and posture in the region and an analysis of the capacity 

of the United States Armed Forces to augment the military 

capabilities of Gulf Cooperation Council members. 

(4) A description of the United States Government’s ongoing 

efforts to foster regional cooperation through ongoing bilateral 

and multilateral strategic security dialogues. 

(5) A summary of Gulf Cooperation Council operational 

and training requests to the United States Government and 

the associated actions taken by the United States Government. 

(c) SUBMISSION TO CONGRESS.—The report required under subsection (a) shall be submitted to the appropriate congressional 

committees not later than 180 days after the date of the enactment 

of this Act. 

(d) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In 

this section, the term ‘‘appropriate congressional committees’’ 

means— 

(1) the Committee on Appropriations, the Committee on 

Armed Services, and the Committee on Foreign Relations of 

the Senate; and 

(2) the Committee on Appropriations, the Committee on 

Armed Services, and the Committee on Foreign Affairs of the 

House of Representatives. 

SEC. 1233. SENSE OF CONGRESS WITH RESPECT TO IRAN. 

It is the sense of Congress that the United States should 

be prepared to take all necessary measures, including military 

action if required, to prevent Iran from threatening the United 

States, its allies, or Iran’s neighbors with a nuclear weapon. 

SEC. 1234. RULE OF CONSTRUCTION. 

Nothing in this Act shall be construed as authorizing the use 

of force against Iran. 

Subtitle D—Iran Sanctions 

SEC. 1241. SHORT TITLE. 

This subtitle may be cited as the ‘‘Iran Freedom and CounterProliferation Act of 2012’’. 

SEC. 1242. DEFINITIONS. 

(a) IN GENERAL.—In this subtitle: 

(1) AGRICULTURAL COMMODITY.—The term ‘‘agricultural 

commodity’’ has the meaning given that term in section 102 

of the Agricultural Trade Act of 1978 (7 U.S.C. 5602). 

(2) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term 

‘‘appropriate congressional committees’’ means— 

(A) the committees specified in section 14(2) of the 

Iran Sanctions Act of 1996 (Public Law 104–172; 50 U.S.C. 

1701 note); and 

(B) the Committee on Armed Services of the Senate 

and the Committee on Armed Services of the House of 

Representatives. 

(3) COAL.—The term ‘‘coal’’ means metallurgical coal, coking 

coal, or fuel coke. 

(4) CORRESPONDENT ACCOUNT; PAYABLE-THROUGH

ACCOUNT.—The terms ‘‘correspondent account’’ and ‘‘payable22 USC 8801. 

Iran Freedom 

and CounterProliferation Act 

of 2012. 

President. 

22 USC 8801 

note. 

22 USC 8784 

note. 


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PUBLIC LAW 112–239—JAN. 2, 2013 126 STAT. 2005 

through account’’ have the meanings given those terms in section 5318A of title 31, United States Code. 

(5) FOREIGN FINANCIAL INSTITUTION.—The term ‘‘foreign 

financial institution’’ has the meaning of that term as determined by the Secretary of the Treasury pursuant to section 

104(i) of the Comprehensive Iran Sanctions, Accountability, 

and Divestment Act of 2010 (22 U.S.C. 8513(i)). 

(6) GOOD.—The term ‘‘good’’ has the meaning given that 

term in section 16 of the Export Administration Act of 1979 

(50 U.S.C. App. 2415) (as continued in effect pursuant to the 

International Emergency Economic Powers Act (50 U.S.C. 1701 

et seq.)). 

(7) IRANIAN FINANCIAL INSTITUTION.—The term ‘‘Iranian 

financial institution’’ has the meaning given that term in section 

104A(d) of the Comprehensive Iran Sanctions, Accountability, 

and Divestment Act of 2010 (22 U.S.C. 8513b(d)). 

(8) IRANIAN PERSON.—The term ‘‘Iranian person’’ means— 

(A) an individual who is a citizen or national of Iran; 

and 

(B) an entity organized under the laws of Iran or 

otherwise subject to the jurisdiction of the Government 

of Iran. 

(9) KNOWINGLY.—The term ‘‘knowingly’’, with respect to 

conduct, a circumstance, or a result, means that a person 

has actual knowledge, or should have known, of the conduct, 

the circumstance, or the result. 

(10) MEDICAL DEVICE.—The term ‘‘medical device’’ has the 

meaning given the term ‘‘device’’ in section 201 of the Federal 

Food, Drug, and Cosmetic Act (21 U.S.C. 321). 

(11) MEDICINE.—The term ‘‘medicine’’ has the meaning 

given the term ‘‘drug’’ in section 201 of the Federal Food, 

Drug, and Cosmetic Act (21 U.S.C. 321). 

(12) SHIPPING.—The term ‘‘shipping’’ refers to the transportation of goods by a vessel and related activities. 

(13) UNITED STATES PERSON.—The term ‘‘United States person’’ has the meaning given that term in section 101 of the 

Comprehensive Iran Sanctions, Accountability, and Divestment 

Act of 2010 (22 U.S.C. 8511). 

(14) VESSEL.—The term ‘‘vessel’’ has the meaning given 

that term in section 3 of title 1, United States Code. 

(b) DETERMINATIONS OF SIGNIFICANCE.—For purposes of this 

subtitle, in determining if financial transactions or financial services 

are significant, the President may consider the totality of the facts 

and circumstances, including factors similar to the factors set forth 

in section 561.404 of title 31, Code of Federal Regulations (or 

any corresponding similar regulation or ruling). 

SEC. 1243. SENSE OF CONGRESS RELATING TO VIOLATIONS OF HUMAN 

RIGHTS BY IRAN. 

(a) FINDING.—Congress finds that the interests of the United 

States and international peace are threatened by the ongoing and 

destabilizing actions of the Government of Iran, including its massive, systematic, and extraordinary violations of the human rights 

of its own citizens. 

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

the United States should— 

22 USC 8802. 


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126 STAT. 2006 PUBLIC LAW 112–239—JAN. 2, 2013 

(1) deny the Government of Iran the ability to continue 

to oppress the people of Iran and to use violence and executions 

against pro-democracy protestors and regime opponents; 

(2) fully and publicly support efforts made by the people 

of Iran to promote the establishment of basic freedoms that 

build the foundation for the emergence of a freely elected, 

open, and democratic political system; 

(3) help the people of Iran produce, access, and share 

information freely and safely via the Internet and through 

other media; and 

(4) defeat all attempts by the Government of Iran to jam 

or otherwise obstruct international satellite broadcast signals. 

SEC. 1244. IMPOSITION OF SANCTIONS WITH RESPECT TO THE 

ENERGY, SHIPPING, AND SHIPBUILDING SECTORS OF 

IRAN. 

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

(1) Iran’s energy, shipping, and shipbuilding sectors and 

Iran’s ports are facilitating the Government of Iran’s nuclear 

proliferation activities by providing revenue to support proliferation activities. 

(2) The United Nations Security Council and the United 

States Government have expressed concern about the proliferation risks presented by the Iranian nuclear program. 

(3) The Director General of the International Atomic 

Energy Agency (in this section referred to as the ‘‘IAEA’’) has 

in successive reports (GOV/2012/37 and GOV/2011/65) identified 

possible military dimensions of Iran’s nuclear program. 

(4) The Government of Iran continues to defy the requirements and obligations contained in relevant IAEA Board of 

Governors and United Nations Security Council resolutions, 

including by continuing and expanding uranium enrichment 

activities in Iran, as reported in IAEA Report GOV/2012/37. 

(5) United Nations Security Council Resolution 1929 (2010) 

recognizes the ‘‘potential connection between Iran’s revenues 

derived from its energy sector and the funding of Iran’s proliferation sensitive nuclear activities’’. 

(6) The National Iranian Tanker Company is the main 

carrier for the Iranian Revolutionary Guard Corps-designated 

National Iranian Oil Company and a key element in the petroleum supply chain responsible for generating energy revenues 

that support the illicit nuclear proliferation activities of the 

Government of Iran. 

(b) DESIGNATION OF PORTS AND ENTITIES IN THE ENERGY, SHIPPING, AND SHIPBUILDING SECTORS OF IRAN AS ENTITIES OF PROLIFERATION CONCERN.—Entities that operate ports in Iran and entities in the energy, shipping, and shipbuilding sectors of Iran, 

including the National Iranian Oil Company, the National Iranian 

Tanker Company, the Islamic Republic of Iran Shipping Lines, 

and their affiliates, play an important role in Iran’s nuclear proliferation efforts and all such entities are hereby designated as 

entities of proliferation concern. 

(c) BLOCKING OF PROPERTY OF ENTITIES IN ENERGY, SHIPPING, 

AND SHIPBUILDING SECTORS.— 

(1) BLOCKING OF PROPERTY.— 

Effective date. 

Time period. 

22 USC 8803. 


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PUBLIC LAW 112–239—JAN. 2, 2013 126 STAT. 2007 

(A) IN GENERAL.—On and after the date that is 180 

days after the date of the enactment of this Act, the President shall block and prohibit all transactions in all property 

and interests in property of any person described in paragraph (2) if such property and interests in property are 

in the United States, come within the United States, or 

are or come within the possession or control of a United 

States person. 

(B) EXCEPTION.—The requirement to block and prohibit 

all transactions in all property and interests in property 

under subparagraph (A) shall not include the authority 

to impose sanctions on the importation of goods. 

(2) PERSONS DESCRIBED.—A person is described in this 

paragraph if the President determines that the person, on 

or after the date that is 180 days after the date of the enactment 

of this Act— 

(A) is part of the energy, shipping, or shipbuilding 

sectors of Iran; 

(B) operates a port in Iran; or 

(C) knowingly provides significant financial, material, 

technological, or other support to, or goods or services 

in support of any activity or transaction on behalf of or 

for the benefit of— 

(i) a person determined under subparagraph (A) 

to be a part of the energy, shipping, or shipbuilding 

sectors of Iran; 

(ii) a person determined under subparagraph (B) 

to operate a port in Iran; or 

(iii) an Iranian person included on the list of specially designated nationals and blocked persons maintained by the Office of Foreign Assets Control of the 

Department of the Treasury (other than an Iranian 

financial institution described in paragraph (3)). 

(3) IRANIAN FINANCIAL INSTITUTIONS DESCRIBED.—An Iranian financial institution described in this paragraph is an 

Iranian financial institution that has not been designated for 

the imposition of sanctions in connection with— 

(A) Iran’s proliferation of weapons of mass destruction 

or delivery systems for weapons of mass destruction; 

(B) Iran’s support for international terrorism; or 

(C) Iran’s abuses of human rights. 

(d) ADDITIONAL SANCTIONS WITH RESPECT TO THE ENERGY, 

SHIPPING, AND SHIPBUILDING SECTORS OF IRAN.— 

(1) SALE, SUPPLY, OR TRANSFER OF CERTAIN GOODS AND

SERVICES.— 

(A) IN GENERAL.—Except as provided in this section, 

the President shall impose 5 or more of the sanctions 

described in section 6(a) of the Iran Sanctions Act of 1996 

(Public Law 104–172; 50 U.S.C. 1701 note) with respect 

to a person if the President determines that the person 

knowingly, on or after the date that is 180 days after 

the date of the enactment of this Act, sells, supplies, or 

transfers to or from Iran goods or services described in 

paragraph (3). 

(B) EXCEPTION.—The requirement to impose sanctions 

under subparagraph (A) shall not include the authority 

to impose sanctions relating to the importation of goods 

Determination. 

Determination. 


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126 STAT. 2008 PUBLIC LAW 112–239—JAN. 2, 2013 

under paragraph (8)(A) or (12) of section 6(a) of the Iran 

Sanctions Act of 1996, and any sanction relating to the 

importation of goods shall not count for purposes of the 

requirement to impose sanctions under subparagraph (A). 

(2) FACILITATION OF CERTAIN TRANSACTIONS.—Except as 

provided in this section, the President shall prohibit the 

opening, and prohibit or impose strict conditions on the 

maintaining, in the United States of a correspondent account 

or a payable-through account by a foreign financial institution 

that the President determines knowingly, on or after the date 

that is 180 days after the date of the enactment of this Act, 

conducts or facilitates a significant financial transaction for 

the sale, supply, or transfer to or from Iran of goods or services 

described in paragraph (3). 

(3) GOODS AND SERVICES DESCRIBED.—Goods or services 

described in this paragraph are significant goods or services 

used in connection with the energy, shipping, or shipbuilding 

sectors of Iran, including the National Iranian Oil Company, 

the National Iranian Tanker Company, and the Islamic 

Republic of Iran Shipping Lines. 

(e) HUMANITARIAN EXCEPTION.—The President may not impose 

sanctions under this section with respect to any person for conducting or facilitating a transaction for the sale of agricultural 

commodities, food, medicine, or medical devices to Iran or for the 

provision of humanitarian assistance to the people of Iran. 

(f) EXCEPTION FOR AFGHANISTAN RECONSTRUCTION.—The President may provide for an exception from the imposition of sanctions 

under this section for reconstruction assistance or economic development for Afghanistan— 

(1) to the extent that the President determines that such 

an exception is in the national interest of the United States; 

and 

(2) if the President submits to the appropriate congressional 

committees a notification of and justification for the exception 

not later than 15 days before issuing the exception. 

(g) APPLICABILITY OF SANCTIONS TO PETROLEUM AND PETROLEUM PRODUCTS.— 

(1) IN GENERAL.—Except as provided in paragraph (2), this 

section shall apply with respect to the purchase of petroleum 

or petroleum products from Iran only if, at the time of the 

purchase, a determination of the President under section 

1245(d)(4)(B) of the National Defense Authorization Act for 

Fiscal Year 2012 (22 U.S.C. 8513a(d)(4)(B)) that the price and 

supply of petroleum and petroleum products produced in countries other than Iran is sufficient to permit purchasers of petroleum and petroleum products from Iran to reduce significantly 

their purchases from Iran is in effect. 

(2) EXCEPTION FOR CERTAIN COUNTRIES.— 

(A) EXPORTATION.—This section shall not apply with 

respect to the exportation of petroleum or petroleum products from Iran to a country to which the exception under 

section 1245(d)(4)(D)(i) of the National Defense Authorization Act for Fiscal Year 2012 (22 U.S.C. 8513a(d)(4)(D)(i)) 

applies at the time of the exportation of the petroleum 

or petroleum products. 

(B) FINANCIAL TRANSACTIONS.— 

Notification. 

Deadline. 

Determination. 

Effective date. 

Time period. 


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PUBLIC LAW 112–239—JAN. 2, 2013 126 STAT. 2009 

(i) IN GENERAL.—This section shall not apply with 

respect to a financial transaction described in clause 

(ii) conducted or facilitated by a foreign financial 

institution if, at the time of the transaction, the exception under section 1245(d)(4)(D)(i) of the National 

Defense Authorization Act for Fiscal Year 2012 (22 

U.S.C. 8513a(d)(4)(D)(i)) applies to the country with 

primary jurisdiction over the foreign financial institution. 

(ii) FINANCIAL TRANSACTIONS DESCRIBED.—A financial transaction conducted or facilitated by a foreign 

financial institution is described in this clause if— 

(I) the financial transaction is only for trade 

in goods or services— 

(aa) not otherwise subject to sanctions 

under the law of the United States; and 

(bb) between the country with primary 

jurisdiction over the foreign financial institution and Iran; and 

(II) any funds owed to Iran as a result of 

such trade are credited to an account located in 

the country with primary jurisdiction over the foreign financial institution. 

(h) APPLICABILITY OF SANCTIONS TO NATURAL GAS.— 

(1) SALE, SUPPLY, OR TRANSFER.—Except as provided in 

paragraph (2), this section shall not apply to the sale, supply, 

or transfer to or from Iran of natural gas. 

(2) FINANCIAL TRANSACTIONS.—This section shall apply to 

a foreign financial institution that conducts or facilitates a 

financial transaction for the sale, supply, or transfer to or 

from Iran of natural gas unless— 

(A) the financial transaction is only for trade in goods 

or services— 

(i) not otherwise subject to sanctions under the 

law of the United States; and 

(ii) between the country with primary jurisdiction 

over the foreign financial institution and Iran; and 

(B) any funds owed to Iran as a result of such trade 

are credited to an account located in the country with 

primary jurisdiction over the foreign financial institution. 

(i) WAIVER.— 

(1) IN GENERAL.—The President may waive the imposition 

of sanctions under this section for a period of not more than 

180 days, and may renew that waiver for additional periods 

of not more than 180 days, if the President— 

(A) determines that such a waiver is vital to the 

national security of the United States; and 

(B) submits to the appropriate congressional committees a report providing a justification for the waiver. 

(2) FORM OF REPORT.—Each report submitted under paragraph (1)(B) shall be submitted in unclassified form, but may 

include a classified annex. 

SEC. 1245. IMPOSITION OF SANCTIONS WITH RESPECT TO THE SALE, 

SUPPLY, OR TRANSFER OF CERTAIN MATERIALS TO OR 

FROM IRAN. 

(a) SALE, SUPPLY, OR TRANSFER OF CERTAIN MATERIALS.— 

22 USC 8804. 

Reports. 

Determination. 

Time periods. 


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126 STAT. 2010 PUBLIC LAW 112–239—JAN. 2, 2013 

(1) IN GENERAL.—The President shall impose 5 or more 

of the sanctions described in section 6(a) of the Iran Sanctions 

Act of 1996 (Public Law 104–172; 50 U.S.C. 1701 note) with 

respect to a person if the President determines that the person 

knowingly, on or after the date that is 180 days after the 

date of the enactment of this Act, sells, supplies, or transfers, 

directly or indirectly, to or from Iran— 

(A) a precious metal; 

(B) a material described in subsection (d) determined 

pursuant to subsection (e)(1) to be used by Iran as described 

in that subsection; 

(C) any other material described in subsection (d) if— 

(i) the material is— 

(I) to be used in connection with the energy, 

shipping, or shipbuilding sectors of Iran or any 

sector of the economy of Iran determined pursuant 

to subsection (e)(2) to be controlled directly or 

indirectly by Iran’s Revolutionary Guard Corps; 

(II) sold, supplied, or transferred to or from 

an Iranian person included on the list of specially 

designated nationals and blocked persons maintained by the Office of Foreign Assets Control of 

the Department of the Treasury (other than an 

Iranian financial institution described in subsection (b)); or 

(III) determined pursuant to subsection (e)(3) 

to be used in connection with the nuclear, military, 

or ballistic missile programs of Iran; or 

(ii) the material is resold, retransferred, or otherwise supplied— 

(I) to an end-user in a sector described in 

subclause (I) of clause (i); 

(II) to a person described in subclause (II) 

of that clause; or 

(III) for a program described in subclause (III) 

of that clause. 

(2) EXCEPTION.—The requirement to impose sanctions 

under paragraph (1) shall not include the authority to impose 

sanctions relating to the importation of goods under paragraph 

(8)(A) or (12) of section 6(a) of the Iran Sanctions Act of 1996, 

and any sanction relating to the importation of goods shall 

not count for purposes of the requirement to impose sanctions 

under paragraph (1). 

(b) IRANIAN FINANCIAL INSTITUTIONS DESCRIBED.—An Iranian 

financial institution described in this subsection is an Iranian financial institution that has not been designated for the imposition 

of sanctions in connection with— 

(1) Iran’s proliferation of weapons of mass destruction or 

delivery systems for weapons of mass destruction; 

(2) Iran’s support for international terrorism; or 

(3) Iran’s abuses of human rights. 

(c) FACILITATION OF CERTAIN TRANSACTIONS.—The President 

shall prohibit the opening, and prohibit or impose strict conditions 

on the maintaining, in the United States of a correspondent account 

or a payable-through account by a foreign financial institution 

that the President determines knowingly, on or after the date 

that is 180 days after the date of the enactment of this Act, 


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PUBLIC LAW 112–239—JAN. 2, 2013 126 STAT. 2011 

conducts or facilitates a significant financial transaction for the 

sale, supply, or transfer to or from Iran of materials the sale, 

supply, or transfer of which would subject a person to sanctions 

under subsection (a). 

(d) MATERIALS DESCRIBED.—Materials described in this subsection are graphite, raw or semi-finished metals such as aluminum 

and steel, coal, and software for integrating industrial processes. 

(e) DETERMINATION WITH RESPECT TO USE OF MATERIALS.— 

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

Act, and every 180 days thereafter, the President shall submit 

to the appropriate congressional committees and publish in the 

Federal Register a report that contains the determination of the 

President with respect to— 

(1) whether Iran is— 

(A) using any of the materials described in subsection 

(d) as a medium for barter, swap, or any other exchange 

or transaction; or 

(B) listing any of such materials as assets of the 

Government of Iran for purposes of the national balance 

sheet of Iran; 

(2) which sectors of the economy of Iran are controlled 

directly or indirectly by Iran’s Revolutionary Guard Corps; and 

(3) which of the materials described in subsection (d) are 

used in connection with the nuclear, military, or ballistic missile 

programs of Iran. 

(f) EXCEPTION FOR PERSONS EXERCISING DUE DILIGENCE.—The 

President may not impose sanctions under subsection (a) or (c) 

with respect to a person if the President determines that the person 

has exercised due diligence in establishing and enforcing official 

policies, procedures, and controls to ensure that the person does 

not sell, supply, or transfer to or from Iran materials the sale, 

supply, or transfer of which would subject a person to sanctions 

under subsection (a) or conduct or facilitate a financial transaction 

for such a sale, supply, or transfer. 

(g) WAIVER.— 

(1) IN GENERAL.—The President may waive the imposition 

of sanctions under this section for a period of not more than 

180 days, and may renew that waiver for additional periods 

of not more than 180 days, if the President— 

(A) determines that such a waiver is vital to the 

national security of the United States; and 

(B) submits to the appropriate congressional committees a report providing a justification for the waiver. 

(2) FORM OF REPORT.—Each report submitted under paragraph (1)(B) shall be submitted in unclassified form, but may 

include a classified annex. 

(h) NATIONAL BALANCE SHEET OF IRAN DEFINED.—For purposes 

of this section, the term ‘‘national balance sheet of Iran’’ refers 

to the ratio of the assets of the Government of Iran to the liabilities 

of that Government. 

SEC. 1246. IMPOSITION OF SANCTIONS WITH RESPECT TO THE PROVISION OF UNDERWRITING SERVICES OR INSURANCE OR 

REINSURANCE FOR ACTIVITIES OR PERSONS WITH 

RESPECT TO WHICH SANCTIONS HAVE BEEN IMPOSED. 

(a) IMPOSITION OF SANCTIONS.— 

22 USC 8805. 

Reports. 

Determination. 

Time periods. 

Determination. 

Deadlines. 

Federal Register, 

publication. 

Reports. 


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126 STAT. 2012 PUBLIC LAW 112–239—JAN. 2, 2013 

(1) IN GENERAL.—Except as provided in this section, the 

President shall impose 5 or more of the sanctions described 

in section 6(a) of the Iran Sanctions Act of 1996 (Public Law 

104–172; 50 U.S.C. 1701 note) with respect to a person if 

the President determines that the person knowingly, on or 

after the date that is 180 days after the date of the enactment 

of this Act, provides underwriting services or insurance or 

reinsurance— 

(A) for any activity with respect to Iran for which 

sanctions have been imposed under this subtitle, the International Emergency Economic Powers Act (50 U.S.C. 1701 

et seq.), the Iran Sanctions Act of 1996, the Comprehensive 

Iran Sanctions, Accountability, and Divestment Act of 2010 

(22 U.S.C. 8501 et seq.), the Iran Threat Reduction and 

Syria Human Rights Act of 2012 (22 U.S.C. 8701 et seq.), 

the Iran, North Korea, and Syria Nonproliferation Act 

(Public Law 106–178; 50 U.S.C. 1701 note), or any other 

provision of law relating to the imposition of sanctions 

with respect to Iran; 

(B) to or for any person— 

(i) with respect to, or for the benefit of any activity 

in the energy, shipping, or shipbuilding sectors of Iran 

for which sanctions are imposed under this subtitle; 

(ii) for the sale, supply, or transfer to or from 

Iran of materials described in section 1245(d) for which 

sanctions are imposed under this subtitle; or 

(iii) designated for the imposition of sanctions 

pursuant to the International Emergency Economic 

Powers Act (50 U.S.C. 1701 et seq.) in connection 

with— 

(I) Iran’s proliferation of weapons of mass 

destruction or delivery systems for weapons of 

mass destruction; or 

(II) Iran’s support for international terrorism; 

or 

(C) to or for any Iranian person included on the list 

of specially designated nationals and blocked persons maintained by the Office of Foreign Assets Control of the Department of the Treasury (other than an Iranian financial 

institution described in subsection (b)). 

(2) EXCEPTION.—The requirement to impose sanctions 

under paragraph (1) shall not include the authority to impose 

sanctions relating to the importation of goods under paragraph 

(8)(A) or (12) of section 6(a) of the Iran Sanctions Act of 1996, 

and any sanction relating to the importation of goods shall 

not count for purposes of the requirement to impose sanctions 

under paragraph (1). 

(b) IRANIAN FINANCIAL INSTITUTIONS DESCRIBED.—An Iranian 

financial institution described in this subsection is an Iranian financial institution that has not been designated for the imposition 

of sanctions in connection with— 

(1) Iran’s proliferation of weapons of mass destruction or 

delivery systems for weapons of mass destruction; 

(2) Iran’s support for international terrorism; or 

(3) Iran’s abuses of human rights. 

(c) HUMANITARIAN EXCEPTION.—The President may not impose 

sanctions under subsection (a) for the provision of underwriting 

Determination. 

Effective date. 

Time period. 


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PUBLIC LAW 112–239—JAN. 2, 2013 126 STAT. 2013 

services or insurance or reinsurance for a transaction for the sale 

of agricultural commodities, food, medicine, or medical devices to 

Iran or for the provision of humanitarian assistance to the people 

of Iran. 

(d) EXCEPTION FOR UNDERWRITERS AND INSURANCE PROVIDERS

EXERCISING DUE DILIGENCE.—The President may not impose sanctions under subparagraph (A) or (C) or clause (i) or (ii) of subparagraph (B) of subsection (a)(1) with respect to a person that provides 

underwriting services or insurance or reinsurance if the President 

determines that the person has exercised due diligence in establishing and enforcing official policies, procedures, and controls to 

ensure that the person does not underwrite or enter into a contract 

to provide insurance or reinsurance for an activity described in 

subparagraph (A) of that subsection or to or for any person described 

in subparagraph (C) or clause (i) or (ii) of subparagraph (B) of 

that subsection. 

(e) WAIVER.— 

(1) IN GENERAL.—The President may waive the imposition 

of sanctions under subsection (a) for a period of not more 

than 180 days, and may renew that waiver for additional 

periods of not more than 180 days, if the President— 

(A) determines that such a waiver is vital to the 

national security of the United States; and 

(B) submits to the appropriate congressional committees a report providing a justification for the waiver. 

(2) FORM OF REPORT.—Each report submitted under paragraph (1)(B) shall be submitted in unclassified form, but may 

include a classified annex. 

SEC. 1247. IMPOSITION OF SANCTIONS WITH RESPECT TO FOREIGN 

FINANCIAL INSTITUTIONS THAT FACILITATE FINANCIAL 

TRANSACTIONS ON BEHALF OF SPECIALLY DESIGNATED 

NATIONALS. 

(a) IN GENERAL.—Except as provided in this section, the President shall prohibit the opening, and prohibit or impose strict conditions on the maintaining, in the United States of a correspondent 

account or a payable-through account by a foreign financial institution that the President determines has, on or after the date that 

is 180 days after the date of the enactment of this Act, knowingly 

facilitated a significant financial transaction on behalf of any Iranian person included on the list of specially designated nationals 

and blocked persons maintained by the Office of Foreign Assets 

Control of the Department of the Treasury (other than an Iranian 

financial institution described in subsection (b)). 

(b) IRANIAN FINANCIAL INSTITUTIONS DESCRIBED.—An Iranian 

financial institution described in this subsection is an Iranian financial institution that has not been designated for the imposition 

of sanctions in connection with— 

(1) Iran’s proliferation of weapons of mass destruction or 

delivery systems for weapons of mass destruction; 

(2) Iran’s support for international terrorism; or 

(3) Iran’s abuses of human rights. 

(c) HUMANITARIAN EXCEPTION.—The President may not impose 

sanctions under subsection (a) with respect to any person for conducting or facilitating a transaction for the sale of agricultural 

commodities, food, medicine, or medical devices to Iran or for the 

provision of humanitarian assistance to the people of Iran. 

Determination. 

Effective date. 

Time period. 

22 USC 8806. 

Reports. 

Determination. 

Time periods. 

Determination. 


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126 STAT. 2014 PUBLIC LAW 112–239—JAN. 2, 2013 

(d) APPLICABILITY OF SANCTIONS TO PETROLEUM AND PETROLEUM PRODUCTS.— 

(1) IN GENERAL.—Except as provided in paragraph (2), subsection (a) shall apply with respect to a financial transaction 

for the purchase of petroleum or petroleum products from Iran 

only if, at the time of the transaction, a determination of 

the President under section 1245(d)(4)(B) of the National 

Defense Authorization Act for Fiscal Year 2012 (22 U.S.C. 

8513a(d)(4)(B)) that the price and supply of petroleum and 

petroleum products produced in countries other than Iran is 

sufficient to permit purchasers of petroleum and petroleum 

products from Iran to reduce significantly their purchases from 

Iran is in effect. 

(2) EXCEPTION FOR CERTAIN COUNTRIES.— 

(A) IN GENERAL.—Subsection (a) shall not apply with 

respect to a financial transaction described in subparagraph 

(B) conducted or facilitated by a foreign financial institution 

if, at the time of the transaction, the exception under 

section 1245(d)(4)(D)(i) of the National Defense Authorization Act for Fiscal Year 2012 (22 U.S.C. 8513a(d)(4)(D)(i)) 

applies to the country with primary jurisdiction over the 

foreign financial institution. 

(B) FINANCIAL TRANSACTIONS DESCRIBED.—A financial 

transaction conducted or facilitated by a foreign financial 

institution is described in this subparagraph if— 

(i) the financial transaction is only for trade in 

goods or services— 

(I) not otherwise subject to sanctions under 

the law of the United States; and 

(II) between the country with primary jurisdiction over the foreign financial institution and Iran; 

and 

(ii) any funds owed to Iran as a result of such 

trade are credited to an account located in the country 

with primary jurisdiction over the foreign financial 

institution. 

(e) APPLICABILITY OF SANCTIONS TO NATURAL GAS.—Subsection 

(a) shall apply to a foreign financial institution that conducts or 

facilitates a financial transaction for the sale, supply, or transfer 

to or from Iran of natural gas unless— 

(1) the financial transaction is only for trade in goods 

or services— 

(A) not otherwise subject to sanctions under the law 

of the United States; and 

(B) between the country with primary jurisdiction over 

the foreign financial institution and Iran; and 

(2) any funds owed to Iran as a result of such trade are 

credited to an account located in the country with primary 

jurisdiction over the foreign financial institution. 

(f) WAIVER.— 

(1) IN GENERAL.—The President may waive the imposition 

of sanctions under subsection (a) for a period of not more 

than 180 days, and may renew that waiver for additional 

periods of not more than 180 days, if the President— 

(A) determines that such a waiver is vital to the 

national security of the United States; and 

Determination. 

Time periods. 


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PUBLIC LAW 112–239—JAN. 2, 2013 126 STAT. 2015 

(B) submits to the appropriate congressional committees a report providing a justification for the waiver. 

(2) FORM OF REPORT.—Each report submitted under paragraph (1)(B) shall be submitted in unclassified form, but may 

include a classified annex. 

SEC. 1248. IMPOSITIONS OF SANCTIONS WITH RESPECT TO THE 

ISLAMIC REPUBLIC OF IRAN BROADCASTING. 

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

(1) The Islamic Republic of Iran Broadcasting has contributed to the infringement of individuals’ human rights by broadcasting forced televised confession and show trials. 

(2) In March 2012, the European Council imposed sanctions 

on the President of the Islamic Republic of Iran Broadcasting, 

Ezzatollah Zargami, for broadcasting forced confessions of 

detainees and a series of ‘‘show trials’’ in August 2009 and 

December 2011 that constituted a clear violation of international law with respect to the right to a fair trial and due 

process. 

(b) IMPOSITION OF SANCTIONS.— 

(1) IN GENERAL.—The President shall, after the date of 

the enactment of this Act— 

(A) impose sanctions described in section 105(c) of the 

Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (22 U.S.C. 8514(c)) with respect to the 

Islamic Republic of Iran Broadcasting and the President 

of the Islamic Republic of Iran Broadcasting, Ezzatollah 

Zargami; and 

(B) include the Islamic Republic of Iran Broadcasting 

and the President of the Islamic Republic of Iran Broadcasting, Ezzatollah Zargami, on the list of specially designated nationals and blocked persons maintained by the 

Office of Foreign Assets Control of the Department of the 

Treasury. 

(2) EXCEPTION.—The requirement to impose sanctions 

under paragraph (1)(A) shall not include the authority to impose 

sanctions on the importation of goods. 

(3) APPLICATION OF CERTAIN PROVISIONS.—Sections 105(d) 

and 401(b) of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (22 U.S.C. 8514(d) and 

8551(b)) shall apply with respect to sanctions imposed under 

paragraph (1)(A) to the same extent that such sections apply 

with respect to the imposition of sanctions under section 105(a) 

of that Act (22 U.S.C. 8514(a)). 

SEC. 1249. IMPOSITION OF SANCTIONS WITH RESPECT TO PERSONS 

ENGAGED IN THE DIVERSION OF GOODS INTENDED FOR 

THE PEOPLE OF IRAN. 

(a) IN GENERAL.—Title I of the Comprehensive Iran Sanctions, 

Accountability, and Divestment Act of 2010 (22 U.S.C. 8511 et 

seq.) is amended by inserting after section 105B the following: 

‘‘SEC. 105C. IMPOSITION OF SANCTIONS WITH RESPECT TO PERSONS 

ENGAGED IN THE DIVERSION OF GOODS INTENDED FOR 

THE PEOPLE OF IRAN. 

‘‘(a) IMPOSITION OF SANCTIONS.— 

22 USC 8514c. 

Ezzatollah 

Zargami. 

22 USC 8807. 

Reports. 


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126 STAT. 2016 PUBLIC LAW 112–239—JAN. 2, 2013 

‘‘(1) IN GENERAL.—The President shall impose sanctions 

described in section 105(c) with respect to each person on 

the list required by subsection (b). 

‘‘(2) EXCEPTION.—The requirement to impose sanctions 

under paragraph (1) shall not include the authority to impose 

sanctions on the importation of goods. 

‘‘(b) LIST OF PERSONS WHO ENGAGE IN DIVERSION.— 

‘‘(1) IN GENERAL.—As relevant information becomes available, the President shall submit to the appropriate congressional committees a list of persons that the President determines have, on or after the date of the enactment of the 

Iran Freedom and Counter-Proliferation Act of 2012, engaged 

in corruption or other activities relating to— 

‘‘(A) the diversion of goods, including agricultural 

commodities, food, medicine, and medical devices, intended 

for the people of Iran; or 

‘‘(B) the misappropriation of proceeds from the sale 

or resale of such goods. 

‘‘(2) FORM OF REPORT; PUBLIC AVAILABILITY.— 

‘‘(A) FORM.—The list required by paragraph (1) shall 

be submitted in unclassified form but may contain a classified annex. 

‘‘(B) PUBLIC AVAILABILITY.—The unclassified portion of 

the list required by paragraph (1) shall be made available 

to the public and posted on the websites of the Department 

of the Treasury and the Department of State. 

‘‘(c) GOOD DEFINED.—In this section, the term ‘good’ has the 

meaning given that term in section 1242(a) of the Iran Freedom 

and Counter-Proliferation Act of 2012.’’. 

(b) WAIVER.—Section 401(b)(1) of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (22 U.S.C. 

8551(b)(1)) is amended— 

(1) by striking ‘‘or 105B(a)’’ and inserting ‘‘105B(a), or 

105C(a)’’; and 

(2) by striking ‘‘or 105B(b)’’ and inserting ‘‘105B(b), or 

105C(b)’’. 

(c) CLERICAL AMENDMENT.—The table of contents for the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 

2010 is amended by inserting after the item relating to section 

105B the following: 

‘‘Sec. 105C. Imposition of sanctions with respect to persons engaged in the diversion of goods intended for the people of Iran.’’. 

SEC. 1250. WAIVER REQUIREMENT RELATED TO EXCEPTIONAL CIRCUMSTANCES PREVENTING SIGNIFICANT REDUCTIONS IN 

CRUDE OIL PURCHASES. 

Section 1245(d)(5)(B) of the National Defense Authorization 

Act for Fiscal Year 2012 (22 U.S.C. 8513a(d)(5)(B)) is amended— 

(1) in clause (i), by striking ‘‘; and’’ and inserting a semicolon; 

(2) by redesignating clause (ii) as clause (iii); and 

(3) by inserting after clause (i) the following new clause: 

‘‘(ii) certifying that the country with primary jurisdiction over the foreign financial institution otherwise 

subject to the sanctions faced exceptional circumstances that prevented the country from being able 

Web posting. 

Determination. 

Effective date. 


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PUBLIC LAW 112–239—JAN. 2, 2013 126 STAT. 2017 

to reduce significantly its purchases of petroleum and 

petroleum products from Iran; and’’. 

SEC. 1251. STATUTE OF LIMITATIONS FOR CIVIL ACTIONS REGARDING 

TERRORIST ACTS. 

(a) IN GENERAL.—Section 2335 of title 18, United States Code, 

is amended— 

(1) in subsection (a), by striking ‘‘4 years’’ and inserting 

‘‘10 years’’; and 

(2) in subsection (b), by striking ‘‘4-year period’’ and 

inserting ‘‘10-year period’’. 

(b) EFFECTIVE DATE.—The amendments made by this section 

shall apply to any civil action arising under section 2333 of title 

18, United States Code, that is pending on, or commenced on 

or after, the date of the enactment of this Act. 

(c) SPECIAL RULE RELATING TO CERTAIN ACTS OF INTER- NATIONAL TERRORISM.—Notwithstanding section 2335 of title 18, 

United States Code, as amended by subsection (a), a civil action 

under section 2333 of such title resulting from an act of international terrorism that occurred on or after September 11, 2001, 

and before the date that is 4 years before the date of the enactment 

of this Act, may be maintained if the civil action is commenced 

during the 6-year period beginning on such date of enactment. 

SEC. 1252. REPORT ON USE OF CERTAIN IRANIAN SEAPORTS BY FOREIGN VESSELS AND USE OF FOREIGN AIRPORTS BY SANCTIONED IRANIAN AIR CARRIERS. 

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

the enactment of this Act, and annually thereafter through 2016, 

the President shall submit to the appropriate congressional committees a report that contains— 

(1) a list of large or otherwise significant vessels that 

have entered seaports in Iran controlled by the Tidewater 

Middle East Company during the period specified in subsection 

(b) and the owners and operators of those vessels; and 

(2) a list of all airports at which aircraft owned or controlled 

by an Iranian air carrier on which sanctions have been imposed 

by the United States have landed during the period specified 

in subsection (b). 

(b) PERIOD SPECIFIED.—The period specified in this subsection 

is— 

(1) in the case of the first report submitted under subsection 

(a), the 180-day period preceding the submission of the report; 

and 

(2) in the case of any subsequent report submitted under 

that subsection, the year preceding the submission of the report. 

(c) FORM OF REPORT.—Each report required by subsection (a) 

shall be submitted in unclassified form, but may include a classified 

annex. 

SEC. 1253. IMPLEMENTATION; PENALTIES. 

(a) IMPLEMENTATION.—The President may exercise all authorities provided under sections 203 and 205 of the International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) to carry 

out this subtitle. 

(b) PENALTIES.—The penalties provided for in subsections (b) 

and (c) of section 206 of the International Emergency Economic 

Powers Act (50 U.S. C. 1705) shall apply to a person that violates, 

Applicability. 

22 USC 8809. 

22 USC 8808. 

Time period. 

18 USC 2335 

note. 

Applicability. 

18 USC 2335 

note. 


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attempts to violate, conspires to violate, or causes a violation of 

this subtitle or regulations prescribed under this subtitle to the 

same extent that such penalties apply to a person that commits 

an unlawful act described in section 206(a) of that Act. 

(c) APPLICATION OF CERTAIN PROVISIONS OF IRAN SANCTIONS

ACT OF 1996.—The following provisions of the Iran Sanctions Act 

of 1996 (Public Law 104–172; 50 U.S.C. 1701 note) shall apply 

with respect to the imposition of sanctions under sections 1244(d), 

1245(a), and 1246(a) to the same extent that such provisions apply 

with respect to the imposition of sanctions under section 5(a) of 

the Iran Sanctions Act of 1996, and, as appropriate, instead of 

sections 1244(i), 1245(g), and 1246(e) of this Act: 

(1) Paragraphs (1)(A), (2)(A), and (2)(B)(i) of section 4(c). 

(2) Subsections (c), (d), and (f) of section 5. 

(3) Section 8. 

(4) Section 11. 

(5) Section 12. 

(6) Section 13(b). 

SEC. 1254. APPLICABILITY TO CERTAIN NATURAL GAS PROJECTS. 

Nothing in this subtitle or the amendments made by this subtitle shall apply with respect to any activity relating to a project 

described in subsection (a) of section 603 of the Iran Threat Reduction and Syria Human Rights Act of 2012 (22 U.S.C. 8783) to 

which the exception under that section applies at the time of the 

activity. 

SEC. 1255. RULE OF CONSTRUCTION. 

Nothing in this subtitle or the amendments made by this subtitle shall be construed to limit sanctions imposed with respect 

to Iran under any other provision of law or to limit the authority 

of the President to impose additional sanctions with respect to 

Iran. 

Subtitle E—Satellites and Related Items 

SEC. 1261. REMOVAL OF SATELLITES AND RELATED ITEMS FROM THE 

UNITED STATES MUNITIONS LIST. 

(a) REPEAL.— 

(1) IN GENERAL.—Section 1513 of the Strom Thurmond 

National Defense Authorization Act for Fiscal Year 1999 (Public 

Law 105–261; 112 Stat. 2174; 22 U.S.C. 2778 note) is amended 

by striking subsection (a). 

(2) CONFORMING AMENDMENT.—Subsection (c) of such section is amended by striking ‘‘(1) Subsection (a)’’ and all that 

follows through ‘‘(2) The amendments’’ and inserting ‘‘The 

amendments’’. 

(b) ADDITIONAL DETERMINATION AND REPORT.—Accompanying 

but separate from the submission to Congress of the first notification after the date of the enactment of this Act under section 

38(f) of the Arms Export Control Act (22 U.S.C. 2778(f)) relating 

to the removal of satellites and related items from the United 

States Munitions List, the President shall also submit to Congress— 

(1) a determination by the President that the removal 

of such satellites and items from the United States Munitions 

List is in the national security interests of the United States; 

and 

President. 

22 USC 8811. 

22 USC 8810. 


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(2) a report identifying and analyzing any differences 

between— 

(A) the recommendations and draft regulations for 

controlling the export, re-export, and transfer of such satellites and related items that were submitted in the report 

to Congress required by section 1248 of the National 

Defense Authorization Act for Fiscal Year 2010 (Public 

Law 111–84; 123 Stat. 2546); and 

(B) the final regulations under which the export, reexport, and transfer of such satellites and related items 

would continue to be controlled. 

(c) PROHIBITION.— 

(1) IN GENERAL.—Subject to paragraph (3), no satellites 

or related items that are made subject to the Export Administration Regulations (15 CFR part 730 et seq.) as a result 

of the enactment of subsection (a) of this section, whether 

or not enumerated on the Commerce Control List— 

(A) may be exported, re-exported, or transferred, 

directly or indirectly, to— 

(i) any government of a country described in paragraph (2); or 

(ii) any entity or person in or acting for or on 

behalf of such government, entity, or person; or 

(B) may be launched in a country described in paragraph (2) or as part of a launch vehicle owned, operated, 

or manufactured by the government of such country or 

any entity or person in or acting for or on behalf of such 

government, entity, or person. 

(2) COUNTRIES DESCRIBED.—The countries referred to in 

paragraph (1) are the following: 

(A) The People’s Republic of China. 

(B) North Korea. 

(C) Any country that is a state sponsor of terrorism. 

(3) WAIVER.—The President may waive the prohibition in 

paragraph (1) on a case-by-case basis if not later than 30 

days before doing so the President— 

(A) determines that it is in the national interest of 

the United States to do so; and 

(B) notifies the appropriate congressional committees 

of such determination. 

(d) PRESUMPTION OF DENIAL.—Any license or other authorization to export satellites and related items to a country with respect 

to which the United States maintains a comprehensive arms 

embargo shall be subject to a presumption of denial. 

(e) REPORT.— 

(1) IN GENERAL.—Not later than one year after the date 

of the enactment of this Act, and annually thereafter, the 

Director of National Intelligence, in consultation with the Secretary of State, shall submit to the appropriate congressional 

committees a report on efforts of state sponsors of terrorism, 

other foreign countries, or entities to illicitly acquire satellites 

and related items. 

(2) FORM.—The report required by paragraph (1) shall be 

submitted in unclassified form, but may contain a classified 

annex. 

Consultation. 

Notification. 

Determination. 

President. 

Deadline. 


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SEC. 1262. REPORT ON LICENSES AND OTHER AUTHORIZATIONS TO 

EXPORT CERTAIN SATELLITES AND RELATED ITEMS. 

(a) IN GENERAL.—Not later than 60 days after the end of 

each calendar year through 2020, the President shall submit to 

the committees of Congress specified in subsection (b) a report 

summarizing all licenses and other authorizations to export satellites and related items that are subject to the Export Administration Regulations (15 CFR part 730 et seq.) as a result of the 

enactment of section 1261(a). 

(b) COMMITTEES OF CONGRESS SPECIFIED.—The committees of 

Congress specified in this subsection are— 

(1) the Committee on Foreign Relations, the Committee 

on Banking, Housing, and Urban Affairs, and the Select Committee on Intelligence of the Senate; and 

(2) the Committee on Foreign Affairs and the Permanent 

Select Committee on Intelligence of the House of Representatives. 

SEC. 1263. REPORT ON COUNTRY EXEMPTIONS FOR LICENSING OF 

EXPORTS OF CERTAIN SATELLITES AND RELATED ITEMS. 

(a) IN GENERAL.—Not later than 120 days after the date of 

the enactment of this Act, the Secretary of Commerce, in consultation with the Attorney General, the Secretary of Homeland Security, 

and the heads of other Federal departments and agencies as appropriate, shall submit to the appropriate congressional committees 

a report that contains an assessment of the extent to which the 

terms and conditions of exemptions for foreign countries to the 

licensing requirements and other authorizations to export satellites 

and related items that are subject to the Export Administration 

Regulations (15 CFR part 730 et seq.) as a result of the enactment 

of section 1261(a) contain strong safeguards. 

(b) MATTERS TO BE INCLUDED.—The report required by subsection (a) shall include a description of the extent to which the 

terms and conditions of exemptions described in subsection (a), 

including other relevant laws, regulations, and practices, support 

law enforcement efforts to detect, prevent, and prosecute criminal, 

administrative, and other violations of any provision of the Export 

Administration Regulations (15 CFR part 730 et seq.), including 

efforts on the part of state sponsors of terrorism, organizations 

determined by the Secretary of State to have provided support 

for international terrorism, or other foreign countries, to acquire 

illicitly satellites and related items from the United States. 

SEC. 1264. END-USE MONITORING OF CERTAIN SATELLITES AND 

RELATED ITEMS. 

(a) IN GENERAL.—In order to ensure accountability with respect 

to the export of satellites and related items that become subject 

to the Export Administration Regulations (15 CFR part 730 et 

seq.) as a result of the enactment of section 1261(a), the President 

shall provide for the end-use monitoring of such satellites and 

related items. 

(b) REPORT.—Not later than 120 days after the date of the 

enactment of this Act, the Secretary of Commerce, in consultation 

with the heads of other Federal departments and agencies as appropriate, shall submit to Congress a report describing the actions 

taken to implement this section, including identification of resource 

Consultation. 

President. 

22 USC 2778 

note. 

Consultation. 

22 USC 2778 

note. 

President. 

22 USC 2778 

note. 


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shortfalls or other constraints on effective end-use monitoring of 

satellites and related items described in subsection (a). 

SEC. 1265. INTERAGENCY REVIEW OF MODIFICATIONS TO CATEGORY 

XV OF THE UNITED STATES MUNITIONS LIST. 

(a) IN GENERAL.—Subject to section 38(f) of the Arms Export 

Control Act (22 U.S.C. 2778(f)), the President shall ensure that 

the Secretary of State, the Secretary of Defense, the Secretary 

of Commerce and, as appropriate, the Director of National Intelligence and the heads of other appropriate Federal departments 

and agencies, will review any removal or addition of an item to 

Category XV of the United States Munitions List (relating to spacecraft systems and associated equipment). 

(b) EFFECTIVE DATE.—The requirement of subsection (a) shall 

apply with respect to any item described in subsection (a) that 

is proposed to be removed or added to Category XV of the United 

States Munitions List on or after the date of the enactment of 

this Act. 

SEC. 1266. RULES OF CONSTRUCTION. 

(a) IN GENERAL.—Subtitle B of title XV of the Strom Thurmond 

National Defense Authorization Act for Fiscal Year 1999 (Public 

Law 105–261; 112 Stat. 2173; 22 U.S.C. 2778 note) shall continue 

to apply to satellites and related items that are subject to the 

Export Administration Regulations (15 CFR part 730 et seq.) as 

a result of the enactment of section 1261(a). 

(b) ADDITIONAL RULE.—Nothing in this subtitle or any amendment made by this subtitle shall be construed as removing or 

limiting the authorities of the President under subsection (a) or 

(b) of section 1514 of the Strom Thurmond National Defense 

Authorization Act for Fiscal Year 1999 (Public Law 105–261; 112 

Stat. 2175; 22 U.S.C. 2778 note) with respect to defense articles 

and defense services that remain subject to the jurisdiction of 

the International Traffic in Arms Regulations. 

SEC. 1267. DEFINITIONS. 

In this subtitle: 

(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term 

‘‘appropriate congressional committees’’ means— 

(A) the Committee on Foreign Relations, the Committee on Banking, Housing, and Urban Affairs, the Committee on Armed Services, and the Select Committee on 

Intelligence of the Senate; and 

(B) the Committee on Foreign Affairs, the Committee 

on Armed Services, and the Permanent Select Committee 

on Intelligence of the House of Representatives. 

(2) STATE SPONSOR OF TERRORISM.—The term ‘‘state sponsor 

of terrorism’’ means any country the government of which the 

Secretary of State has determined has repeatedly provided 

support for international terrorism pursuant to— 

(A) section 6(j) of the Export Administration Act of 

1979 (50 U.S.C. App. 2405) (as continued in effect under 

the International Emergency Economic Powers Act); 

(B) section 620A of the Foreign Assistance Act of 1961 

(22 U.S.C. 2371); 

(C) section 40 of the Arms Export Control Act (22 

U.S.C. 2780); or 

(D) any other provision of law. 

22 USC 2778 

note. 

22 USC 2778 

note. 

Applicability. 

Applicability. 

President. 

22 USC 2778 

note. 


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(3) UNITED STATES MUNITIONS LIST.—The term ‘‘United 

States Munitions List’’ means the list referred to in section 

38(a)(1) of the Arms Export Control Act (22 U.S.C. 2778(a)(1)). 

Subtitle F—Other Matters 

SEC. 1271. ADDITIONAL ELEMENTS IN ANNUAL REPORT ON MILITARY 

AND SECURITY DEVELOPMENTS INVOLVING THE PEOPLE’S REPUBLIC OF CHINA. 

Section 1202(b) of the National Defense Authorization Act for 

Fiscal Year 2000 (Public Law 106–65; 10 U.S.C. 113 note) is 

amended— 

(1) by amending paragraph (9) to read as follows: 

‘‘(9) Developments in China’s asymmetric capabilities, 

including its strategy and efforts to develop and deploy 

cyberwarfare and electronic warfare capabilities, details on the 

number of malicious cyber incidents originating from China 

against Department of Defense infrastructure, and associated 

activities originating or suspected of originating from China.’’; 

(2) by redesignating paragraphs (10), (11),and (12) as paragraphs (15), (16), and (17) respectively; 

(3) by inserting after paragraph (9) the following new paragraphs: 

‘‘(10) The strategy and capabilities of Chinese space and 

counterspace programs, including trends, global and regional 

activities, the involvement of military and civilian organizations, including state-owned enterprises, academic institutions, 

and commercial entities, and efforts to develop, acquire, or 

gain access to advanced technologies that would enhance Chinese military capabilities. 

‘‘(11) Developments in China’s nuclear program, including 

the size and state of China’s stockpile, its nuclear strategy 

and associated doctrines, its civil and military production capacities, and projections of its future arsenals. 

‘‘(12) A description of China’s anti-access and area denial 

capabilities. 

‘‘(13) A description of China’s command, control, communications, computers, intelligence, surveillance, and reconnaissance modernization program and its applications for China’s 

precision guided weapons. 

‘‘(14) A description of the roles and activities of the People’s 

Liberation Army Navy and those of China’s paramilitary and 

maritime law enforcement vessels, including their response to 

United States naval activities.’’; and 

(4) by adding after paragraph (17), as redesignated by 

paragraph (2) of this section, the following new paragraphs: 

‘‘(18) A description of Chinese military-to-military relationships with other countries, including the size and activity of 

military attache offices around the world and military education 

programs conducted in China for other countries or in other 

countries for the Chinese. 

‘‘(19) A description of any significant sale or transfer of 

military hardware, expertise, and technology to or from the 

People’s Republic of China, including a forecast of possible 

future sales and transfers, a description of the implications 

of those sales and transfers for the security of the United 


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States and its partners and allies in Asia, and a description 

of any significant assistance to and from any selling state 

with military-related research and development programs in 

China.’’. 

SEC. 1272. NATO SPECIAL OPERATIONS HEADQUARTERS. 

(a) IN GENERAL.—Subsection (a) of section 1244 of the National 

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

84; 123 Stat. 2541), as amended by section 1242 of the Ike Skelton 

National Defense Authorization Act for Fiscal Year 2011 (Public 

Law 111–383; 124 Stat. 4405), is further amended— 

(1) by striking ‘‘fiscal year 2011’’ and inserting ‘‘each of 

fiscal years 2013, 2014, and 2015’’; 

(2) by striking ‘‘section 301(1)’’ and inserting ‘‘section 301’’; 

and 

(3) by inserting ‘‘for such fiscal year’’ after ‘‘$50,000,000’’. 

(b) ANNUAL REPORT.—Such section, as so amended, is further 

amended by adding at the end the following: 

‘‘(d) ANNUAL REPORT.—Not later than March 1 of each year, 

the Secretary of Defense shall submit to the congressional defense 

committees a report regarding support for the NSHQ. Each report 

shall include the following: 

‘‘(1) The total amount of funding provided by the United 

States and other NATO nations to the NSHQ for operating 

costs of the NSHQ. 

‘‘(2) A description of the activities carried out with such 

funding, including— 

‘‘(A) the amount of funding allocated for each such 

activity; 

‘‘(B) the extent to which other NATO nations participate in each such activity; 

‘‘(C) the extent to which each such activity is designed 

to meet the purposes set forth in paragraphs (1) through 

(5) of subsection (b); and 

‘‘(D) an assessment of the extent to which each such 

activity will promote the mission of the NSHQ. 

‘‘(3) Other contributions, financial or in kind, provided by 

the United States and other NATO nations in support of the 

NSHQ. 

‘‘(4) Any other matters that the Secretary of Defense considers appropriate.’’. 

SEC. 1273. SUSTAINABILITY REQUIREMENTS FOR CERTAIN CAPITAL 

PROJECTS IN CONNECTION WITH OVERSEAS CONTINGENCY OPERATIONS. 

(a) LIMITATION.— (1) IN GENERAL.—Commencing 60 days after the date of 

the enactment of this Act— 

(A) amounts authorized to be appropriated for the 

Department of Defense may not be obligated or expended 

for a capital project described in subsection (b) unless the 

Secretary of Defense, in consultation with the United States 

commander of military operations in the country in which 

the project will be carried out, completes an assessment 

on the necessity and sustainability of the project; 

(B) amounts authorized to be appropriated for the 

Department of State may not be obligated or expended 

for a capital project described in subsection (b) unless the 

Effective date. 

Consultation. 

Assessment. 

22 USC 2421f. 

22 USC 1928 

note. 


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Secretary of State, in consultation with the Chief of Mission 

in the country in which the project will be carried out, 

completes an assessment on the necessity and sustainability of the project; and 

(C) amounts authorized to be appropriated for the 

United States Agency for International Development may 

not be obligated or expended for a capital project described 

in subsection (b) unless the Administrator of the United 

States Agency for International Development, in consultation with the Mission Director and the Chief of Mission 

in the country in which the project will be carried out, 

completes an assessment on the necessity and sustainability of the project. 

(2) ELEMENTS.—Each assessment on a capital project under 

this subsection shall include, but not be limited to, the following: 

(A) An estimate of the total cost of the completed 

project to the United States. 

(B) An estimate of the financial and other requirements 

necessary for the host government to sustain the project 

on an annual basis after completion of the project. 

(C) An assessment whether the host government has 

the capacity (in both financial and human resources) to 

maintain and use the project after completion. 

(D) A description of any arrangements for the 

sustainment of the project following its completion if the 

host government lacks the capacity (in financial or human 

resources) to maintain the project. 

(E) An assessment whether the host government has 

requested or expressed its need for the project, and an 

explanation of the decision to proceed with the project 

absent such request or need. 

(F) An assessment by the Secretary of Defense, where 

applicable, of the effect of the project on the military mission of the United States in the country concerned. 

(b) COVERED CAPITAL PROJECTS.— 

(1) IN GENERAL.—Except as provided in paragraph (2), a 

capital project described in this subsection is any capital project 

overseas for an overseas contingency operation for the benefit 

of a host country and funded by the Department of Defense, 

the Department of State, or the United States Agency for 

International Development, as applicable, if the capital 

project— 

(A) in the case of a project that directly supports 

building the capacity of indigenous security forces in the 

host country, has an estimated value in excess of 

$10,000,000; 

(B) in the case of any project not covered by subparagraph (A) that is to be funded by the Department of State 

or the United States Agency for International Development, 

has an estimated value in excess of $5,000,000; or 

(C) in the case of any other project, has an estimated 

value in excess of $2,000,000. 

(2) EXCLUSION.—A capital project described in this subsection does not include any project for military construction 

(as that term is defined in section 114(b) of title 10, United 


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States Code) or a military family housing project under section 

2821 of such title. 

(c) WAIVER.—The Secretary of Defense, the Secretary of State, 

or the Administrator of the United States Agency for International 

Development, as applicable, may waive the limitation in subsection 

(a) in order to initiate a capital project if such Secretary or the 

Administrator, as the case may be, determines that the project 

is in the national security, diplomatic, or humanitarian interests 

of the United States. In the first report submitted under subsection 

(d) after any waiver under this subsection, such Secretary or the 

Administrator shall include a detailed justification of such waiver. 

Not later than 90 days after issuing a waiver under this subsection, 

such Secretary or the Administrator shall submit to the appropriate 

committees of Congress the assessment described in subsection 

(a) with respect to the capital project concerned. 

(d) SEMI-ANNUAL REPORTS.— 

(1) IN GENERAL.—Not later than 30 days after the end 

of any fiscal-year half-year in which the Secretary of Defense, 

the Secretary of State, or the Administrator of the United 

States Agency for International Development conducts an 

assessment under subsection (a), such Secretary or the 

Administrator, as the case may be, shall submit to the appropriate committees of Congress a report setting forth each 

assessment so conducted during such fiscal-year half-year, 

including the elements of each capital project so assessed specified in subsection (a)(2). 

(2) ADDITIONAL ELEMENTS.—In addition to the matters provided for in paragraph (1), each report under that paragraph 

shall include the following: 

(A) For each capital project covered by such report, 

an evaluation (other than by amount of funds expended) 

of the effectiveness of such project, including, at a minimum, the following: 

(i) The stated goals of the project. 

(ii) The actions taken to assess and verify whether 

the project has met the stated goals of the project 

or is on track to meet such goals when completed. 

(iii) The current and anticipated levels of involvement of local governments, communities, and individuals in the project. 

(B) For each country or region in which a capital 

project covered by such report is being carried out, an 

assessment of the current and anticipated risks of corruption or fraud in connection with such project. 

(3) FORM.—Each report shall be submitted in unclassified 

form, but may include a classified annex. 

(e) DEFINITIONS.—In this section: 

(1) The term ‘‘appropriate committees of Congress’’ means— 

(A) the Committee on Armed Services, the Committee 

on Foreign Relations, the Committee on Homeland Security 

and Governmental Affairs, and the Committee on Appropriations of the Senate; and 

(B) the Committee on Armed Services, the Committee 

on Foreign Affairs, the Committee on Oversight and 

Government Reform, and the Committee on Appropriations 

of the House of Representatives. 

Determination. 


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(2) The term ‘‘capital project’’ has the meaning given that 

term in section 308 of the Aid, Trade, and Competitiveness 

Act of 1992 (22 U.S.C. 2421e). 

(3) The term ‘‘overseas contingency operation’’ means a 

military operation outside the United States and its territories 

and possessions that is a contingency operation (as that term 

is defined in section 101(a)(13) of title 10, United States Code). 

SEC. 1274. ADMINISTRATION OF THE AMERICAN, BRITISH, CANADIAN, 

AND AUSTRALIAN ARMIES’ PROGRAM. 

(a) AUTHORITY.—As part of the participation by the United 

States in the land-force program known as the American, British, 

Canadian, and Australian Armies’ Program (in this section referred 

to as the ‘‘Program’’), the Secretary of Defense may, with the concurrence of the Secretary of State, enter into agreements with the 

other participating countries in accordance with this section, and 

the Program shall be managed pursuant to a joint agreement among 

the participating countries. 

(b) PARTICIPATING COUNTRIES.—In addition to the United 

States, the countries participating in the Program are the following: 

(1) Australia. 

(2) Canada. 

(3) New Zealand. 

(4) The United Kingdom. 

(c) CONTRIBUTIONS BY PARTICIPANTS.— 

(1) IN GENERAL.—An agreement under subsection (a) shall 

provide that each participating country shall contribute to the 

Program— 

(A) its equitable share of the full cost for the Program, 

including the full cost of overhead and administrative costs 

related to the Program; and 

(B) any amount allocated to it in accordance with the 

agreement for the cost for monetary claims asserted against 

any participating country as a result of participation in 

the Program. 

(2) ADDITIONAL AUTHORIZED CONTRIBUTION.—Such an 

agreement shall also provide that each participating country 

(including the United States) may provide its contribution for 

its equitable share under the agreement in funds, in personal 

property, or in services required for the Program (or in any 

combination thereof). 

(3) FUNDING FOR UNITED STATES CONTRIBUTION.—Any contribution by the United States to the Program that is provided 

in funds shall be made from funds available to the Department 

of Defense for operation and maintenance. 

(4) TREATMENT OF CONTRIBUTIONS RECEIVED FROM OTHER

COUNTRIES.—Any contribution received by the United States 

from another participating country to meet that country’s share 

of the costs of the Program shall be credited to appropriations 

available to the Department of Defense, as determined by the 

Secretary of Defense. The amount of a contribution credited 

to an appropriation account in connection with the Program 

shall be available only for payment of the share of the Program 

expenses allocated to the participating country making the 

contribution. Amounts so credited shall be available for the 

following purposes: 

10 USC 2350a 

note. 


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(A) Payments to contractors and other suppliers 

(including the Department of Defense and participating 

countries acting as suppliers) for necessary goods and services of the Program. 

(B) Payments for any damages and costs resulting 

from the performance or cancellation of any contract or 

other obligation in support of the Program. 

(C) Payments for any monetary claim against a participating country as a result of the participation of that 

country in the Program. 

(D) Payments or reimbursements of other Program 

expenses, including overhead and administrative costs for 

any administrative office for the Program. 

(E) Refunds to other participating countries. 

(5) COSTS OF OPERATION OF OFFICES ESTABLISHED FOR PROGRAM.—Costs for the operation of any office established to 

carry out the Program shall be borne jointly by the participating 

countries as provided for in an agreement referred to in subsection (a). 

(d) AUTHORITY TO CONTRACT FOR PROGRAM ACTIVITIES.—As 

part of the participation by the United States in the Program, 

the Secretary of Defense may enter into contracts or incur other 

obligations on behalf of the other participating countries for activities under the Program. Any payment for such a contract or other 

obligation under this subsection may be paid only from contributions 

credited to an appropriation under subsection (c)(4). 

(e) DISPOSAL OF PROPERTY.—As part of the participation by 

the United States in the Program, the Secretary of Defense may, 

with respect to any property that is jointly acquired by the countries 

participating in the Program, agree to the disposal of the property 

without regard to any law of the United States that is otherwise 

applicable to the disposal of property owned by the United States. 

Such disposal may include the transfer of the interest of the United 

States in the property to one or more of the other participating 

countries or the sale of the property. Reimbursement for the value 

of the property disposed of (including the value of the interest 

of the United States in the property) shall be made in accordance 

with an agreement under subsection (a). 

(f) REPORTS.—Not later than 60 days before the expiration 

date of any agreement under subsection (a), the Secretary of Defense 

shall submit to the Committees on Armed Services of the Senate 

and the House of Representatives a report on the activities, costs, 

and accomplishments of the Program during the five-year period 

ending on the date of such report. 

(g) SUNSET.—Any agreement entered into by the United States 

with another country under subsection (a), and United States 

participation in the joint agreement described in that subsection, 

shall expire not later than five years after the date of the enactment 

of this Act. 

SEC. 1275. UNITED STATES PARTICIPATION IN HEADQUARTERS 

EUROCORPS. 

(a) PARTICIPATION AUTHORIZED.—The Secretary of Defense may, 

with the concurrence of the Secretary of State, authorize the participation of members of the Armed Forces as members of the staff 

of Headquarters Eurocorps for the purpose of supporting the North 

10 USC 113 note. 


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126 STAT. 2028 PUBLIC LAW 112–239—JAN. 2, 2013 

Atlantic Treaty Organization (NATO) activities of the NATO Rapid 

Deployable Corps Eurocorps. 

(b) MEMORANDUM OF UNDERSTANDING.— 

(1) REQUIREMENT.—The participation of members of the 

Armed Forces as members of the staff of Headquarters 

Eurocorps shall be in accordance with the terms of one or 

more memoranda of understanding entered into by the Secretary of Defense, with the concurrence of the Secretary of 

State, and Headquarters Eurocorps. 

(2) COST-SHARING ARRANGEMENTS.—If Department of 

Defense facilities, equipment, or funds are used to support 

Headquarters Eurocorps, the memoranda of understanding 

under paragraph (1) shall provide details of any cost-sharing 

arrangement or other funding arrangement. 

(c) LIMITATION ON NUMBER OF MEMBERS PARTICIPATING AS

STAFF.—Not more than two members of the Armed Forces may 

participate as members of the staff of Headquarters Eurocorps, 

until the Secretary of Defense submits to the Committees on Armed 

Services of the Senate and the House of Representatives a report 

setting forth the following: 

(1) A certification by the Secretary of Defense that the 

participation of more than two members of the Armed Forces 

in Headquarters Eurocorps is in the national interests of the 

United States. 

(2) A description of the benefits of the participation of 

the additional members proposed by the Secretary. 

(3) A description of the plans for the participation of the 

additional members proposed by the Secretary, including the 

grades and posts to be filled. 

(4) A description of the costs associated with the participation of the additional members proposed by the Secretary. 

(d) NOTICE ON PARTICIPATION OF NUMBER OF MEMBERS ABOVE

CERTAIN CEILING.—Not more than 10 members of the Armed Forces 

may participate as members of the staff of Headquarters Eurocorps 

unless the Secretary of Defense submits to the Committees on 

Armed Services of the Senate and the House of Representatives 

a notice that the number of members so participating will exceed 

10 members. 

(e) AVAILABILITY OF APPROPRIATED FUNDS.— 

(1) AVAILABILITY.—Funds appropriated to the Department 

of Defense for operation and maintenance are available as 

follows: 

(A) To pay the United States’ share of the operating 

expenses of Headquarters Eurocorps. 

(B) To pay the costs of the participation of members 

of the Armed Forces participating as members of the staff 

of Headquarters Eurocorps, including the costs of expenses 

of such participants. 

(2) LIMITATION.—No funds may be used under this section 

to fund the pay or salaries of members of the Armed Forces 

who participate as members of the staff of the Headquarters, 

North Atlantic Treaty Organization (NATO) Rapid Deployable 

Corps under this section. 

(f) HEADQUARTERS EUROCORPS DEFINED.—In this section, the 

term ‘‘Headquarters Eurocorps’’ refers to the multinational military 

headquarters, established on October 1, 1993, which is one of the 

Certification. 

Reports. 


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PUBLIC LAW 112–239—JAN. 2, 2013 126 STAT. 2029 

High Readiness Forces (Land) associated with the Allied Rapid 

Reaction Corps of NATO. 

SEC. 1276. DEPARTMENT OF DEFENSE PARTICIPATION IN EUROPEAN 

PROGRAM ON MULTILATERAL EXCHANGE OF AIR 

TRANSPORTATION AND AIR REFUELING SERVICES. 

(a) PARTICIPATION AUTHORIZED.— 

(1) IN GENERAL.—The Secretary of Defense may, with the 

concurrence of the Secretary of State, authorize the participation of the United States in the Air Transport, Air-to-Air 

Refueling and other Exchanges of Services program (in this 

section referred to as the ‘‘ATARES program’’) of the Movement 

Coordination Centre Europe. 

(2) SCOPE OF PARTICIPATION.—Participation in the ATARES 

program under paragraph (1) shall be limited to the reciprocal 

exchange or transfer of air transportation and air refueling 

services on a reimbursable basis or by replacement-in-kind 

or the exchange of air transportation or air refueling services 

of an equal value. 

(3) LIMITATIONS.—The United States’ balance of executed 

flight hours, whether as credits or debits, in participation in 

the ATARES program under paragraph (1) may not exceed 

500 hours. The United States’ balance of executed flight hours 

for air refueling in the ATARES program under paragraph 

(1) may not exceed 200 hours. 

(b) WRITTEN ARRANGEMENT OR AGREEMENT.— 

(1) ARRANGEMENT OR AGREEMENT REQUIRED.—The participation of the United States in the ATARES program under 

subsection (a) shall be in accordance with a written arrangement or agreement entered into by the Secretary of Defense, 

with the concurrence of the Secretary of State, and the Movement Coordination Centre Europe. 

(2) FUNDING ARRANGEMENTS.—If Department of Defense 

facilities, equipment, or funds are used to support the ATARES 

program, the written arrangement or agreement under paragraph (1) shall specify the details of any equitable cost sharing 

or other funding arrangement. 

(3) OTHER ELEMENTS.—Any written arrangement or agreement entered into under paragraph (1) shall require that any 

accrued credits and liabilities resulting from an unequal 

exchange or transfer of air transportation or air refueling services shall be liquidated, not less than once every five years, 

through the ATARES program. 

(c) IMPLEMENTATION.—In carrying out any written arrangement 

or agreement entered into under subsection (b), the Secretary of 

Defense may— 

(1) pay the United States’ equitable share of the operating 

expenses of the Movement Coordination Centre Europe and 

the ATARES consortium from funds available to the Department of Defense for operation and maintenance; and 

(2) assign members of the Armed Forces or Department 

of Defense civilian personnel, from among members and personnel within billets authorized for the United States European 

Command, to duty at the Movement Coordination Centre 

Europe as necessary to fulfill the United States’ obligations 

under that arrangement or agreement. 

10 USC 2350c 

note. 


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126 STAT. 2030 PUBLIC LAW 112–239—JAN. 2, 2013 

(d) CREDITING OF RECEIPTS.—Any amount received by the 

United States in carrying out a written arrangement or agreement 

entered into under subsection (b) shall be credited, as elected by 

the Secretary of Defense, to the following: 

(1) The appropriation, fund, or account used in incurring 

the obligation for which such amount is received. 

(2) An appropriation, fund, or account currently available 

for the purposes for which such obligation was made. 

(e) ANNUAL SECRETARY OF DEFENSE REPORTS.—Not later than 

30 days after the end of each fiscal year in which the authority 

provided by this section is in effect, the Secretary of Defense shall 

submit to the congressional defense committees a report on United 

States participation in the ATARES program during such fiscal 

year. Each report shall include the following: 

(1) The United States balance of executed flight hours 

at the end of the fiscal year covered by such report. 

(2) The types of services exchanged or transferred during 

the fiscal year covered by such report. 

(3) A description of any United States costs under the 

written arrangement or agreement under subsection (b)(1) in 

connection with the use of Department of Defense facilities, 

equipment, or funds to support the ATARES program under 

that subsection as provided by subsection (b)(2). 

(4) A description of the United States’ equitable share 

of the operating expenses of the Movement Coordination Centre 

Europe and the ATARES consortium paid under subsection 

(c)(1). 

(5) A description of any amounts received by the United 

States in carrying out a written arrangement or agreement 

entered into under subsection (b). 

(f) COMPTROLLER GENERAL OF UNITED STATES REPORT.—Not 

later than one year after the date of the enactment of this Act, 

the Comptroller General of the United States shall submit to the 

congressional defense committees a report on the ATARES program. 

The report shall set forth the assessment of the Comptroller General 

of the program, including the types of services available under 

the program, whether the program is achieving its intended purposes, and, on the basis of actual cost data from the performance 

of the program, the cost-effectiveness of the program. 

(g) EXPIRATION.—The authority provided by this section to 

participate in the ATARES program shall expire five years after 

the date on which the Secretary of Defense first enters into a 

written arrangement or agreement under subsection (b). The Secretary shall publish notice of such date on a public website of 

the Department of Defense. 

SEC. 1277. PROHIBITION ON USE OF FUNDS TO ENTER INTO CONTRACTS OR AGREEMENTS WITH ROSOBORONEXPORT. 

(a) PROHIBITION.—None of the funds authorized to be appropriated by this Act may be used to enter into a contract, memorandum of understanding, or cooperative agreement with, to make 

a grant to, or to provide a loan or loan guarantee to 

Rosoboronexport. 

(b) NATIONAL SECURITY WAIVER AUTHORITY.—The Secretary 

of Defense may waive the applicability of subsection (a) if the 

Secretary determines that such a waiver is in the national security 

interests of the United States. 

Determination. 

Publication. 

Web posting. 


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PUBLIC LAW 112–239—JAN. 2, 2013 126 STAT. 2031 

SEC. 1278. SENSE OF CONGRESS ON IRON DOME SHORT-RANGE 

ROCKET DEFENSE SYSTEM. 

Congress— 

(1) reaffirms its commitment to the security of our ally 

and strategic partner, Israel; 

(2) fully supports Israel’s right to defend itself against 

acts of terrorism; 

(3) sympathizes with the families of Israelis who have 

come under the indiscriminate rocket fire from Hamas-controlled Gaza; 

(4) recognizes the exceptional success of the Iron Dome 

short-range rocket defense system in defending the population 

of Israel; 

(5) desires to help ensure that Israel has the means to 

defend itself against terrorist attacks, including through the 

procurement of additional Iron Dome batteries and interceptors; 

and 

(6) urges the Department of Defense and the Department 

of State to explore with their Israeli counterparts and alert 

Congress of any requirements the Israeli Defense Force may 

have for additional Iron Dome batteries, interceptors, or other 

equipment depleted during the recent conflict with Hamascontrolled Gaza. 

SEC. 1279. BILATERAL DEFENSE TRADE RELATIONSHIP WITH INDIA. 

(a) REPORT.— 

(1) IN GENERAL.—Not later than 180 days after the date 

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

in coordination with the Secretary of State, submit to the 

appropriate committees of Congress a report on the prospects 

for expanding defense trade between the United States and 

India within the context of their bilateral defense relationship. 

(2) ELEMENTS.—The report required by paragraph (1) shall 

include the following: 

(A) An assessment of the policies of the United States 

for enhancing cooperation and coordination between the 

Government of the United States and the Government 

of India on matters of shared security interests. 

(B) A description of the policies of the United States 

for expanding defense trade with India. 

(C) An assessment of the opportunities and challenges 

for expanding security ties between the United States and 

India, including those opportunities and challenges associated with defense trade relations. 

(D) The findings and conclusions of the comprehensive 

policy review required by subsection (b). 

(b) COMPREHENSIVE POLICY REVIEW.—The Secretary of Defense 

shall, in coordination with the Secretary of State, conduct a comprehensive policy review— 

(1) to examine the feasibility of engaging in co-production 

and co-development defense projects with India; and 

(2) to consider potential areas of cooperation to engage 

in co-production and co-development defense projects with India 

that are aligned with United States national security objectives. 

(c) APPROPRIATE COMMITTEES OF CONGRESS DEFINED.—In this 

section, the term the term ‘‘appropriate committees of Congress’’ 

means— 


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126 STAT. 2032 PUBLIC LAW 112–239—JAN. 2, 2013 

(1) the Committee on Armed Services and the Committee 

on Foreign Relations of the Senate; and 

(2) the Committee on Armed Services and the Committee 

on Foreign Affairs of the House of Representatives. 

SEC. 1280. UNITED STATES ADVISORY COMMISSION ON PUBLIC DIPLOMACY. 

(a) TECHNICAL AMENDMENT.—Section 604(a)(1) of the United 

States Information and Educational Exchange Act of 1948 (22 

U.S.C. 1469(a)(1)) is amended by inserting ‘‘(referred to in this 

section as the ‘Commission’)’’ before the period at the end. 

(b) DUTIES AND RESPONSIBILITIES.—Section 604(c) of such Act 

is amended to read as follows: 

‘‘(c) DUTIES AND RESPONSIBILITIES.—The Commission shall 

appraise United States Government activities intended to understand, inform, and influence foreign publics. The activities described 

in this subsection shall be referred to in this section as ‘public 

diplomacy activities’.’’. 

(c) REPORTS.—Section 604(d) of such Act is amended to read 

as follows: 

‘‘(d) REPORTS.— 

‘‘(1) COMPREHENSIVE ANNUAL REPORT.— 

‘‘(A) IN GENERAL.—Not less frequently than annually, 

the Commission shall submit a comprehensive report on 

public diplomacy and international broadcasting activities 

to Congress, the President, and the Secretary of State. 

This report shall include— 

‘‘(i) a detailed list of all public diplomacy activities 

funded by the United States Government; 

‘‘(ii) a description of— 

‘‘(I) the purpose, means, and geographic scope 

of each activity; 

‘‘(II) when each activity was started; 

‘‘(III) the amount of Federal funding expended 

on each activity; 

‘‘(IV) any significant outside sources of 

funding; and 

‘‘(V) the Federal department or agency to 

which the activity belongs; 

‘‘(iii) the international broadcasting activities 

under the direction of the Broadcasting Board of Governors; 

‘‘(iv) an assessment of potentially duplicative 

public diplomacy and international broadcasting activities; and 

‘‘(v) for any activities determined to be ineffective 

or results not demonstrated under subparagraph (B), 

recommendations on existing effective or moderately 

effective public diplomacy activities that could be augmented to carry out the objectives of the ineffective 

activities. 

‘‘(B) EFFECTIVENESS ASSESSMENT.—In evaluating the 

public diplomacy and international broadcasting activities 

described in subparagraph (A), the Commission shall conduct an assessment that considers the public diplomacy 

target impact, the achieved impact, and the cost of public 

diplomacy activities and international broadcasting. The 


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assessment shall include, if practicable, an appropriate 

metric such as ‘cost-per-audience’ or ‘cost-per-student’ for 

each activity. Upon the completion of the assessment, the 

Commission shall assign a rating of— 

‘‘(i) ‘effective’ for activities that— 

‘‘(I) set appropriate goals and achieve all or 

most of the desired results; 

‘‘(II) are well-managed; and 

‘‘(III) are cost efficient; 

‘‘(ii) ‘moderately effective’ for activities that— 

‘‘(I) set appropriate goals and achieve some 

desired results; 

‘‘(II) are generally well-managed; and 

‘‘(III) need to improve their cost efficiency, 

including reducing overhead; 

‘‘(iii) ‘ineffective’ for activities that— 

‘‘(I) lack appropriate goals or fail to achieve 

stated goals or desired results; 

‘‘(II) are not well-managed; or 

‘‘(III) are not cost efficient, such as through 

insufficient use of available resources to achieve 

stated goals or desired results, or have excessive 

overhead; and 

‘‘(iv) ‘results not demonstrated’ for activities that— 

‘‘(I) do not have acceptable performance public 

diplomacy metrics for measuring results; or 

‘‘(II) are unable or failed to collect data to 

determine if they are effective. 

‘‘(2) OTHER REPORTS.— 

‘‘(A) IN GENERAL.—The Commission shall submit other 

reports, including working papers, to Congress, the President, and the Secretary of State at least semi-annually 

on other activities and policies related to United States 

public diplomacy. 

‘‘(B) AVAILABILITY.—The Commission shall make the 

reports submitted pursuant to subparagraph (A) publicly 

available on the website of the Commission to develop 

a better understanding of, and support for, public diplomacy 

activities. 

‘‘(3) ACCESS TO INFORMATION.—The Secretary of State shall 

ensure that the Commission has access to all appropriate 

information to carry out its duties and responsibilities under 

this subsection.’’. 

(d) REAUTHORIZATION.— 

(1) IN GENERAL.—Section 1334 of the Foreign Affairs 

Reform and Restructuring Act of 1998 (22 U.S.C. 6553) is 

amended by striking ‘‘October 1, 2010’’ and inserting ‘‘October 

1, 2015’’. 

(2) RETROACTIVITY OF EFFECTIVE DATE.—The amendment 

made by paragraph (1) shall take effect on October 1, 2010. 

(e) FUNDING.—There is authorized to be appropriated such 

sums as may be necessary for the United States Advisory Commission on Public Diplomacy to carry out section 604 of the United 

States Information and Educational Exchange Act of 1948 (22 

U.S.C. 1469), as amended by this section. 

22 USC 6553 

note. 

Public 

information. 

Web posting. 


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126 STAT. 2034 PUBLIC LAW 112–239—JAN. 2, 2013 

SEC. 1281. SENSE OF CONGRESS ON SALE OF AIRCRAFT TO TAIWAN. 

It is the sense of Congress that— 

(1) the Taiwan Relations Act (Public Law 96–8) codified 

the basis for commercial, cultural, and other relations between 

the people of the United States and the people of Taiwan; 

(2) the Taiwan Relations Act states that ‘‘the United States 

will make available to Taiwan such defense articles and defense 

services in such quantity as may be necessary to enable Taiwan 

to maintain a sufficient self-defense capability’’, and that ‘‘both 

the President and the Congress shall determine the nature 

and quantity of such defense articles and services based solely 

upon their judgment on the needs of Taiwan, in accordance 

with procedures established by law’’; 

(3) the United States, in accordance with the Taiwan Relations Act, should continue to make available to Taiwan such 

defense articles and services as may be necessary for Taiwan 

to maintain a sufficient self-defense capability; 

(4) notwithstanding the upgrade of Taiwan’s F–16 A/B 

aircraft, Taiwan will experience a growing shortfall in fighter 

aircraft, particularly as its F–5 aircraft are retired from service; 

and 

(5) the President should take steps to address Taiwan’s 

shortfall in fighter aircraft, whether through the sale of F– 

16 C/D aircraft or other aircraft of similar capability, as may 

be necessary to enable Taiwan to maintain a sufficient selfdefense capability. 

SEC. 1282. BRIEFINGS ON DIALOGUE BETWEEN THE UNITED STATES 

AND THE RUSSIAN FEDERATION ON NUCLEAR ARMS, MISSILE DEFENSE SYSTEMS, AND LONG-RANGE CONVENTIONAL STRIKE SYSTEMS. 

(a) BRIEFINGS.—Not later than 60 days after the date of the 

enactment of this Act, and not less than twice each year thereafter, 

the President, or the President’s designee, shall brief the Committee 

on Foreign Relations and the Committee on Armed Services of 

the Senate on the dialogue between the United States and the 

Russian Federation on issues related to limits or controls on nuclear 

arms, missile defense systems, or long-range conventional strike 

systems. 

(b) SENSE OF CONGRESS ON CERTAIN AGREEMENTS.—It is the 

sense of Congress that any agreement between the United States 

and the Russian Federation related to nuclear arms, missile defense 

systems, or long-range conventional strike systems obligating the 

United States to reduce or limit the Armed Forces or armaments 

of the United States in any militarily significant manner may 

be made only pursuant to the treaty-making power of the President 

as set forth in Article II, section 2, clause 2 of the Constitution 

of the United States. 

(c) RULE OF CONSTRUCTION.—Nothing in this section shall be 

construed to be inconsistent with or to interfere with the practices, 

precedents, or oversight of the House of Representatives. 

Deadline. 

President. 

22 USC 5951 

note. 


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PUBLIC LAW 112–239—JAN. 2, 2013 126 STAT. 2035 

SEC. 1283. SENSE OF CONGRESS ON EFFORTS TO REMOVE OR 

APPREHEND JOSEPH KONY FROM THE BATTLEFIELD AND 

END THE ATROCITIES OF THE LORD’S RESISTANCE ARMY. 

Consistent with the Lord’s Resistance Army Disarmament and 

Northern Uganda Recovery Act of 2009 (Public Law 111–172), it 

is the sense of the Congress that— 

(1) the ongoing United States advise and assist operation 

to support the regional governments in Africa in their ongoing 

efforts to remove or apprehend Joseph Kony and his top commanders from the battlefield and end atrocities perpetuated 

by his Lord’s Resistance Army should continue as appropriate 

to achieve the goals of the operation; 

(2) the Secretary of Defense should provide intelligence, 

surveillance, and reconnaissance assets, as authorized to be 

appropriated by other provisions of this Act, to support the 

ongoing efforts of United States Special Operations Forces to 

advise and assist regional partners as they conduct operations 

against the Lord’s Resistance Army in Central Africa; 

(3) United States and regional African forces should 

increase their operational coordination on efforts to remove 

or apprehend Joseph Kony from the battlefield and end the 

atrocities of the Lord’s Resistance Army; and 

(4) the regional governments should recommit themselves 

to the Regional Cooperation Initiative for the Elimination of 

the Lord’s Resistance Army authorized by the African Union. 

SEC. 1284. IMPOSITION OF SANCTIONS WITH RESPECT TO SUPPORT 

FOR THE REBEL GROUP KNOWN AS M23. 

(a) BLOCKING OF ASSETS.— 

(1) IN GENERAL.—The Secretary of the Treasury shall, 

pursuant to the International Emergency Economic Powers Act 

(50 U.S.C. 1701 et seq.) or Executive Order 13413 (74 Fed. 

Reg. 64105; relating to blocking property of certain persons 

contributing to the conflict in the Democratic Republic of the 

Congo), block and prohibit all transactions in all property and 

interests in property of a person described in subsection (c) 

if such property and interests in property are in the United 

States, come within the United States, or are or come within 

the possession or control of a United States person. 

(2) EXCEPTION.— 

(A) IN GENERAL.—The requirement to block and prohibit all transactions in all property and interests in property under paragraph (1) shall not include the authority 

to impose sanctions on the importation of goods. 

(B) GOOD DEFINED.—In this paragraph, the term ‘‘good’’ 

has the meaning given that term in section 16 of the 

Export Administration Act of 1979 (50 U.S.C. App. 2415) 

(as continued in effect pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.)). 

(b) VISA BAN.—The Secretary of State shall deny a visa to, 

and the Secretary of Homeland Security shall exclude from the 

United States, any alien who is a person described in subsection 

(c). 

(c) PERSONS DESCRIBED.—A person described in this subsection 

is a person that the President determines provides, on or after 

the date of the enactment of this Act, significant financial, material, 

or technological support to M23. 

President. 

Determination. 

President. 

Congo. 

50 USC 1701 

note. 


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126 STAT. 2036 PUBLIC LAW 112–239—JAN. 2, 2013 

(d) WAIVER.—The President may waive the application of this 

section with respect to a person if the President determines and 

reports to the appropriate congressional committees that the waiver 

is in the national interest of the United States. 

(e) TERMINATION OF SANCTIONS.—Sanctions imposed under this 

section may terminate 15 days after the date on which the President 

determines and reports to the appropriate congressional committees 

that the person covered by such determination has terminated 

the provision of significant financial, material, and technological 

support to M23. 

(f) TERMINATION OF SECTION.—This section shall terminate on 

the date that is 15 days after the date on which the President 

determines and reports to the appropriate congressional committees 

that M23 is no longer a significant threat to peace and security 

in the Democratic Republic of the Congo. 

(g) DEFINITIONS.—In this section: 

(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term 

‘‘appropriate congressional committees’’ means— 

(A) the Committee on Banking, Housing, and Urban 

Affairs, the Committee on Armed Services, and the Committee on Foreign Relations of the Senate; and 

(B) the Committee on Financial Services, the Committee on Armed Services, and the Committee on Foreign 

Affairs of the House of Representatives. 

(2) M23.—The term ‘‘M23’’ refers to the rebel group known 

as M23 operating in the Democratic Republic of the Congo 

that derives its name from the March 23, 2009, agreement 

between the Government of the Democratic Republic of the 

Congo and the National Congress for the Defense of the People 

(or any successor group). 

(3) UNITED STATES PERSON.—The term ‘‘United States person’’ means— 

(A) an individual who is a United States citizen or 

an alien lawfully admitted for permanent residence to the 

United States; or 

(B) an entity organized under the laws of the United 

States or of any jurisdiction within the United States. 

SEC. 1285. PILOT PROGRAM ON REPAIR, OVERHAUL, AND REFURBISHMENT OF DEFENSE ARTICLES FOR SALE OR TRANSFER 

TO ELIGIBLE FOREIGN COUNTRIES AND ENTITIES. 

(a) PILOT PROGRAM AUTHORIZED.—The Secretary of Defense 

may carry out a pilot program to repair, overhaul, or refurbish 

in-stock defense articles in anticipation of the sale or transfer 

of such defense articles to eligible foreign countries or international 

organizations under law. 

(b) FUND FOR SUPPORT OF PROGRAM AUTHORIZED.—The Secretary of Defense may establish and administer a fund to be known 

as the ‘‘Special Defense Repair Fund’’ (in this section referred 

to as the ‘‘Fund’’) to support the program authorized by subsection 

(a). 

(c) CREDITS TO FUND.— 

(1) IN GENERAL.—Subject to paragraphs (2) and (3), the 

following shall be credited to the Fund: 

(A) Such amounts, not to exceed $50,000,000, from 

amounts authorized to be appropriated for overseas contingency operations for fiscal year 2013 as the Secretary of 

22 USC 2753 

note. 

Determination. 

Reports. 

Determination. 

Reports. 


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PUBLIC LAW 112–239—JAN. 2, 2013 126 STAT. 2037 

Defense considers appropriate, and reprogrammed under 

a reprogramming authority provided by another provision 

of this Act or by other law. 

(B) Notwithstanding section 114(c) of title 10, United 

States Code, any collection from the sale or transfer of 

defense articles from Department of Defense stocks 

repaired, overhauled, or refurbished with amounts from 

the Fund that are not intended to be replaced which sale 

or transfer is made pursuant to section 21(a)(1)(A) of the 

Arms Export Control Act (22 U.S.C. 2761(a)(1)(A)), the 

Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.), 

or another provision of law. 

(C) Notwithstanding section 37(a) of the Arms Export 

Control Act (22 U.S.C. 2777(a)), any cash payment from 

the sale or transfer of defense articles from Department 

of Defense stocks repaired, overhauled, or refurbished with 

amounts from the Fund that are intended to be replaced. 

(2) LIMITATION ON AMOUNTS CREDITABLE FROM SALE OR

TRANSFER OF ARTICLES.— 

(A) CREDITS IN CONNECTION WITH ARTICLES NOT TO

BE REPLACED.—The amount credited to the Fund under 

paragraph (1)(B) in connection with a collection from the 

sale or transfer of defense articles may not exceed the 

cost incurred by the Department of Defense in repairing, 

overhauling, or refurbishing such defense articles under 

the program authorized by subsection (a). 

(B) CREDITS IN CONNECTION WITH ARTICLES TO BE

REPLACED.—The amount credited to the Fund under paragraph (1)(C) in connection with a sale or transfer of defense 

articles may not exceed the amounts from the Fund used 

to repair, overhaul, or refurbish such defense articles. 

(3) LIMITATION ON SIZE OF FUND.—The total amount in 

the Fund at any time may not exceed $50,000,000. 

(4) TREATMENT OF AMOUNTS CREDITED.—Amounts credited 

to the Fund under this subsection shall be merged with 

amounts in the Fund, and shall remain available until 

expended. 

(5) AUTHORIZATION TO PURCHASE SERVICES FROM DOD

WORKING CAPITAL FUND ACTIVITIES.—The Fund shall be considered an authorized customer of Department of Defense Working 

Capital Fund activities. Prices of goods and services sold by 

Working Capital Fund activities to the Fund shall reflect Foreign Military Sales pricing guidelines, as promulgated by the 

Department of Defense Financial Management Regulation, and 

other applicable guidelines. 

(d) NONAVAILABILITY OF AMOUNTS IN FUND FOR STORAGE, 

MAINTENANCE, AND RELATED COSTS.—Following the repair, overhaul, or refurbishment of defense articles under the program 

authorized by subsection (a), amounts in the Fund may not be 

used to pay costs of storage and maintenance of such defense 

articles or any other costs associated with the preservation or 

preparation for sale or transfer of such defense articles. 

(e) SALES OR TRANSFERS OF DEFENSE ARTICLES.— 

(1) IN GENERAL.—Any sale or transfer of defense articles 

repaired, overhauled, or refurbished under the program authorized by subsection (a) shall be in accordance with— 


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126 STAT. 2038 PUBLIC LAW 112–239—JAN. 2, 2013 

(A) the Arms Export Control Act (22 U.S.C. 2751 et 

seq.); 

(B) the Foreign Assistance Act of 1961; or 

(C) another provision of law authorizing such sale or 

transfer. 

(2) SECRETARY OF STATE CONCURRENCE REQUIRED FOR CER- TAIN SALES OR TRANSFERS TO FOREIGN COUNTRIES.—If the sale 

or transfer of defense articles occurs in accordance with a 

provision of law referred to in paragraph (1)(C) that does not 

otherwise require the concurrence of the Secretary of State 

for the sale or transfer, the sale or transfer may be made 

only with the concurrence of the Secretary of State. 

(f) TRANSFERS OF AMOUNTS.— (1) TRANSFER TO OTHER DEPARTMENT OF DEFENSE

ACCOUNTS.—Amounts in the Fund may be transferred to any 

Department of Defense account for use in carrying out the 

program authorized by subsection (a). Any amount so transferred shall be merged with amounts in the account to which 

transferred, and shall be available for the same purposes and 

the same time period as amounts in the account to which 

transferred. 

(2) TRANSFER FROM OTHER DEPARTMENT OF DEFENSE

ACCOUNTS.—Upon a determination by the Secretary of Defense 

with respect to an amount transferred under paragraph (1) 

that all or part of such transfer is not necessary for the purposes 

transferred, such amount may be transferred back to the Fund. 

Any amount so transferred shall be merged with amounts in 

the Fund, and shall remain available until expended. 

(g) CERTAIN EXCESS PROCEEDS TO BE CREDITED TO SPECIAL

DEFENSE ACQUISITION FUND.—Any collection from the sale or 

transfer of defense articles that are not intended to be replaced 

in excess of the amount creditable to the Fund under subsection 

(c)(2)(A) shall be credited to the Special Defense Acquisition Fund 

established pursuant to chapter 5 of the Arms Export Control 

Act (22 U.S.C. 2795 et seq.). 

(h) MATERIEL EFFICIENCIES AND DUPLICATION.—In administering the program authorized by subsection (a), the Secretary 

of Defense shall ensure to the maximum extent possible that purchases made utilizing the Fund utilize existing Defense Logistics 

Agency contracts. The Secretary shall also ensure that none of 

the activities carried out under the program authorized by subsection (a) are duplicative in nature to those performed by other 

military departments or Defense Agencies. 

(i) CONDUCT BY PUBLIC OR PRIVATE SECTOR FACILITIES OR

ENTITIES.—The repair, overhaul, and refurbishment of defense articles under the program authorized by subsection (a) may be conducted by a facility or entity in the public sector or the private 

sector, consistent with the requirements of chapter 146 of title 

10, United States Code. 

(j) REPORTS.— 

(1) ANNUAL REPORT.—Not later than 45 days after the 

end of each fiscal year through the date of expiration specified 

in subsection (l), the Secretary of Defense shall submit to 

the appropriate congressional committees a report on the 

authorities under this section during such fiscal year. Each 

report shall include, for the fiscal year covered by such report, 

the following: 


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(A) The types and quantities of defense articles 

repaired, overhauled, or refurbished under the program 

authorized by subsection (a). 

(B) The value of the repair, overhaul, or refurbishment 

performed under the program. 

(C) The amount of operation and maintenance funds 

credited to the Fund under subsection (c)(1)(A). 

(D) The amount of any collections from the sale or 

transfer of defense articles repaired, overhauled, or refurbished under the program that was credited to the Fund 

under subsection (c)(1)(B). 

(E) The amount of any cash payments from the sale 

or transfer of defense articles repaired, overhauled, or 

refurbished under the program that was credited to the 

Fund under subsection (c)(1)(C). 

(2) ASSESSMENT REPORT.—Not later than February 1, 2015, 

the Secretary of Defense shall submit to the appropriate 

congressional committees a report on the operation of the 

authorities in this section. The report shall include an assessment of the effectiveness of the authorities in meeting the 

objectives of the program authorized by subsection (a). At a 

minimum, the assessment shall address the following: 

(A) Cost efficiencies generated by utilization of the 

Fund. 

(B) Time efficiencies gained in the delivery of defense 

articles under the program. 

(C) An explanation of all amounts transferred to and 

from the Fund pursuant to subsection (f). 

(D) A detailed account of excess proceeds credited to 

the Special Defense Acquisition Fund pursuant to section 

(g). 

(E) A list of defense articles, by quantity and type, 

repaired under the program and an identification of the 

foreign countries or international organizations to which 

the repaired defense articles were sold or transferred. 

(3) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.— 

In this subsection, the term ‘‘appropriate congressional committees’’ means— 

(A) the congressional defense committees; and 

(B) the Committee on Foreign Relations of the Senate 

and the Committee on Foreign Affairs of the House of 

Representatives. 

(k) DEFENSE ARTICLE DEFINED.—In this section, the term 

‘‘defense article’’ has the meaning given that term in section 47(3) 

of the Arms Export Control Act (22 U.S.C. 2794(3)). 

(l) EXPIRATION OF AUTHORITY.—The authority to carry out the 

program authorized by subsection (a), and to use amounts in the 

Fund in support of the program, shall expire on September 30, 

2015. 

SEC. 1286. SENSE OF CONGRESS ON THE SITUATION IN THE SENKAKU 

ISLANDS. 

It is the sense of Congress that— 

(1) the East China Sea is a vital part of the maritime 

commons of Asia, including critical sea lanes of communication 

and commerce that benefit all nations of the Asia-Pacific region; 


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(2) the peaceful settlement of territorial and jurisdictional 

disputes in the East China Sea requires the exercise of selfrestraint by all parties in the conduct of activities that would 

complicate or escalate disputes and destabilize the region, and 

differences should be handled in a constructive manner consistent with universally recognized principles of customary 

international law; 

(3) while the United States takes no position on the ultimate sovereignty of the Senkaku Islands, the United States 

acknowledges the administration of Japan over the Senkaku 

Islands; 

(4) the unilateral action of a third party will not affect 

the United States’ acknowledgment of the administration of 

Japan over the Senkaku Islands; 

(5) the United States has national interests in freedom 

of navigation, the maintenance of peace and stability, respect 

for international law, and unimpeded lawful commerce; 

(6) the United States supports a collaborative diplomatic 

process by claimants to resolve territorial disputes without 

coercion, and opposes efforts at coercion, the threat of use 

of force, or use of force by any claimant in seeking to resolve 

sovereignty and territorial issues in the East China Sea; and 

(7) the United States reaffirms its commitment to the 

Government of Japan under Article V of the Treaty of Mutual 

Cooperation and Security that ‘‘[e]ach Party recognizes that 

an armed attack against either Party in the territories under 

the administration of Japan would be dangerous to its own 

peace and safety and declares that it would act to meet the 

common danger in accordance with its constitutional provisions 

and processes’’. 

Subtitle G—Reports 

SEC. 1291. REVIEW AND REPORTS ON DEPARTMENT OF DEFENSE 

EFFORTS TO BUILD THE CAPACITY OF AND PARTNER 

WITH FOREIGN SECURITY FORCES. 

(a) REVIEW.— 

(1) IN GENERAL.—Not later than 180 days after the date 

of the enactment of this Act, the Defense Policy Board shall 

conduct a review of the efforts of the Department of Defense 

to build the capacity of, or partner with, foreign security forces 

in support of United States national defense and security strategies. 

(2) ELEMENTS.—The review required by this subsection 

shall include the following: 

(A) An examination of the ways in which the efforts 

of the Department to build the capacity of, or partner 

with, foreign security forces directly support implementation of current national defense and security strategies. 

(B) An assessment of the range of effects that efforts 

of the Department to build the capacity of, or partner 

with, foreign security forces are designed to achieve in 

support of current national defense and security strategies. 

(C) An assessment of the criteria used for prioritizing 

such efforts in support of national defense and security 

strategies. 


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(D) An identification of the authorities the Department 

currently uses to implement such efforts, together with 

an assessment of the adequacy of such authorities. 

(E) An assessment of the capabilities and resources 

required by the Department to implement such efforts. 

(F) An assessment of the most effective distribution 

of the roles and responsibilities for such efforts within 

the Department, together with an assessment whether the 

Department military and civilian workforce is appropriately 

sized and shaped to meet the requirements of such efforts. 

(G) An evaluation of current measures of the Department for assessing activities of the Department designed 

to build the capacity of, or partner with, foreign security 

forces, including an assessment whether such measures 

address the extent to which such activities directly support 

the priorities of national defense and security strategies. 

(H) An identification of recommendations for clarifying 

or improving the guidance and assessment measures of 

the Department relating to its efforts to build the capacity 

of, or partner with, foreign security forces in support of 

national defense and security strategies. 

(3) REPORT.—Not later than 90 days after the completion 

of the review required by this subsection, the Secretary of 

Defense shall submit to the congressional defense committees 

a report containing the result of the review. 

(b) STRATEGIC GUIDANCE ON DEPARTMENT OF DEFENSE EFFORTS

TO BUILD PARTNER CAPACITY AND OTHER PARTNERSHIP INITIATIVES.—Not later than 120 days after the completion of the review 

required by subsection (a), the Secretary of Defense shall, with 

the advice and assistance of the Chairman of the Joint Chiefs 

of Staff, submit to the congressional defense committees a report 

setting forth the following: 

(1) An assessment, taking into account the recommendations of the Defense Policy Board in the review required by 

subsection (a), of the efforts of the Department of Defense 

to build the capacity of, and partner with, foreign military 

forces in support of national defense and security strategies. 

(2) Strategic guidance for the Department for its efforts 

to build the capacity of, and partner with, foreign military 

forces in support of national defense and security strategies, 

which guidance shall address— 

(A) the ways such efforts directly support the goals 

and objectives of national defense and security strategies; 

(B) the criteria to be used for prioritizing activities 

to implement such efforts in support of national defense 

and security strategies; 

(C) the measures to be used to assess the effects 

achieved by such efforts and the extent to which such 

effects support the objectives of national defense and security strategies; 

(D) the appropriate roles and responsibilities of the 

Armed Forces, the combatant commands, the Defense 

Agencies, and other components of the Department in conducting such efforts; and 

(E) the relationship of Department workforce planning 

with the requirements for such efforts. 


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SEC. 1292. ADDITIONAL REPORT ON MILITARY AND SECURITY 

DEVELOPMENTS INVOLVING THE DEMOCRATIC PEOPLE’S 

REPUBLIC OF KOREA. 

Section 1236(a) of the National Defense Authorization Act for 

Fiscal Year 2012 (Public Law 112–81; 125 Stat. 1641) is amended 

by inserting after ‘‘November 1, 2012,’’ the following: ‘‘and November 

1, 2013,’’. 

SEC. 1293. REPORT ON HOST NATION SUPPORT FOR OVERSEAS UNITED 

STATES MILITARY INSTALLATIONS AND UNITED STATES 

ARMED FORCES DEPLOYED IN COUNTRY. 

(a) REPORT REQUIRED.— 

(1) IN GENERAL.—Not later than March 1 of each year 

from 2013 through 2015, the Secretary of Defense, in consultation with the Secretary of State, shall submit to the appropriate 

congressional committees a report on the direct, indirect, and 

burden-sharing contributions made by host nations to support 

overseas United States military installations and United States 

Armed Forces deployed in country. 

(2) ELEMENTS.—The report required by paragraph (1) shall 

include at least the following: 

(A) A description of all costs associated with stationing 

United States Armed Forces in the host nation, including 

military personnel costs, operation and maintenance costs, 

and military construction costs. 

(B) A description of direct, indirect, and burden-sharing 

contributions made by the host nation, including the following: 

(i) Contributions accepted for the following costs: 

(I) Compensation for local national employees 

of the Department of Defense. 

(II) Military construction projects of the 

Department of Defense, including design, procurement, construction management costs, rents on privately-owned land, facilities, labor, utilities, and 

vicinity improvements. 

(III) Other costs such as loan guarantees on 

public-private venture housing and payment-inkind for facilities returned to the host nation. 

(ii) Contributions accepted for any other purpose. 

(C) The methodology and accounting procedures used 

to measure and track direct, indirect, and burden-sharing 

contributions made by host nations. 

(3) DESCRIPTION OF CONTRIBUTIONS IN UNITED STATES DOLLARS.—The report required by paragraph (1) shall describe 

the direct, indirect, and burden-sharing contributions made 

by host nations in United States dollars and shall specify 

the exchange rates used to determine the United States dollar 

value of such host nation contributions. 

(b) FORM.—The report required by subsection (a) shall be submitted in unclassified form, but may include a classified annex 

if necessary. 

(c) DEFINITIONS.—In this section: 

(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term 

‘‘appropriate congressional committees’’ means— 

(A) the congressional defense committees; and 


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(B) the Committee on Foreign Relations of the Senate 

and the Committee on Foreign Affairs of the House of 

Representatives. 

(2) HOST NATION.—The term ‘‘host nation’’ means any 

country that hosts a permanent or temporary United States 

military installation or a permanent or rotational deployment 

of United States Armed Forces located outside of the borders 

of the United States. 

(3) CONTRIBUTIONS.—The term ‘‘contributions’’ means cash 

and in-kind contributions made by a host nation that replace 

expenditures that would otherwise be made by the Secretary 

of Defense using funds appropriated or otherwise made available in defense appropriations Acts. 

SEC. 1294. REPORT ON MILITARY ACTIVITIES TO DENY OR SIGNIFICANTLY DEGRADE THE USE OF AIR POWER AGAINST 

CIVILIAN AND OPPOSITION GROUPS IN SYRIA. 

(a) REPORT REQUIRED.—Not later than 90 days after the date 

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

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

to the congressional defense committees a report identifying the 

limited military activities that could deny or significantly degrade 

the ability of President Bashar al-Assad of Syria, and forces loyal 

to him, to use air power against civilians and opposition groups 

in Syria. 

(b) NATURE OF MILITARY ACTIVITIES.— 

(1) PRINCIPAL PURPOSE.—The principal purpose of the military activities identified for purposes of the report required 

by subsection (a) shall be to advance the goals of President 

Obama of stopping the killing of civilians in Syria and creating 

conditions for a transition to a democratic, pluralistic political 

system in Syria. 

(2) ADDITIONAL GOALS.—The military activities identified 

for purposes of the report shall also meet the goals as follows: 

(A) That the United States Armed Forces conduct such 

activities with foreign allies or partners. 

(B) That United States ground troops not be deployed 

onto Syrian territory. 

(C) That the risk to civilians on the ground in Syria 

be limited. 

(D) That the risks to United States military personnel 

be limited. 

(E) That the financial costs to the United States be 

limited. 

(c) ELEMENTS ON POTENTIAL MILITARY ACTIVITIES.—The report 

required by subsection (a) shall include a comprehensive description, 

evaluation, and assessment of the potential effectiveness of the 

following military activities, as required by subsection (a): 

(1) The deployment of air defense systems, such as Patriot 

missile batteries, to neighboring countries for the purpose of 

denying or significantly degrading the operational capability 

of Syria aircraft. 

(2) The establishment of one or more no-fly zones over 

key population centers in Syria. 

(3) Limited air strikes to destroy or significantly degrade 

Syria aircraft. 


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(4) Such other military activities as the Secretary considers 

appropriate to achieve the goals stated in subsection (b). 

(d) ELEMENTS IN DESCRIPTION OF POTENTIAL MILITARY ACTIVITIES.—For each military activity that the Secretary identifies in 

subsection (c), the comprehensive description of such activities 

under that subsection shall include, but not be limited to, the 

type and the number of United States military personnel and assets 

to be involved in such activities, the anticipated duration of such 

activities, and the anticipated cost of such activities. The report 

shall also identify what elements would be required to maximize 

the effectiveness of such military activities. 

(e) NO AUTHORIZATION FOR USE OF MILITARY FORCE.—Nothing 

in this section shall be construed as a declaration of war or an 

authorization for the use of force. 

(f) FORM.—The report required by subsection (a) shall be submitted in classified form. 

SEC. 1295. REPORT ON MILITARY ASSISTANCE PROVIDED BY RUSSIA 

TO SYRIA. 

(a) REPORT.—Not later than 90 days after the date of the 

enactment of this Act, the Secretary of Defense, in coordination 

with the Secretary of State, shall provide to the appropriate congressional committees a report on military assistance provided by the 

Russian Federation to Syria. 

(b) MATTERS TO BE INCLUDED.—The report required by subsection (a) shall include the following: 

(1) An analysis of whether Russia is providing direct or 

indirect military support for the Government of Syria’s actions 

to forcefully act against groups opposing the Government of 

Syria, including a description of the types of support. 

(2) A description and analysis of Russia’s military interests 

in Syria. 

(3) A description and analysis of Russia’s military presence 

in Syria. 

(c) FORM.—The report required by subsection (a) shall be submitted in unclassified form, but may include a classified annex. 

(d) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In 

this section, the term ‘‘appropriate congressional committees’’ 

means— 

(1) the Committee on Armed Services and the Committee 

on Foreign Relations of the Senate; and 

(2) the Committee on Armed Services and the Committee 

on Foreign Affairs of the House of Representatives. 

TITLE XIII—COOPERATIVE THREAT 

REDUCTION 

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

Sec. 1302. Funding allocations. 

Sec. 1303. Report on Cooperative Threat Reduction Programs in Russia. 

SEC. 1301. SPECIFICATION OF COOPERATIVE THREAT REDUCTION 

PROGRAMS AND FUNDS. 

(a) SPECIFICATION OF COOPERATIVE THREAT REDUCTION PRO- GRAMS.—For purposes of section 301 and other provisions of this 

Act, Cooperative Threat Reduction programs are the programs 


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specified in section 1501 of the National Defense Authorization 

Act for Fiscal Year 1997 (50 U.S.C. 2362 note). 

(b) FISCAL YEAR 2013 COOPERATIVE THREAT REDUCTION FUNDS

DEFINED.—As used in this title, the term ‘‘fiscal year 2013 Cooperative Threat Reduction funds’’ means the funds appropriated pursuant to the authorization of appropriations in section 301 and made 

available by the funding table in section 4301 for Cooperative 

Threat Reduction programs. 

(c) AVAILABILITY OF FUNDS.—Funds appropriated pursuant to 

the authorization of appropriations in section 301 and made available by the funding table in section 4301 for Cooperative Threat 

Reduction programs shall be available for obligation for fiscal years 

2013, 2014, and 2015. 

SEC. 1302. FUNDING ALLOCATIONS. 

(a) FUNDING FOR SPECIFIC PURPOSES.—Of the $519,111,000 

authorized to be appropriated to the Department of Defense for 

fiscal year 2013 in section 301 and made available by the funding 

table in section 4301 for Cooperative Threat Reduction programs, 

the following amounts may be obligated for the purposes specified: (1) For strategic offensive arms elimination, $68,271,000. 

(2) For chemical weapons destruction, $14,630,000. 

(3) For global nuclear security, $99,789,000. 

(4) For cooperative biological engagement, $276,399,000. 

(5) For proliferation prevention, $32,402,000. 

(6) For threat reduction engagement, $2,375,000. 

(7) For activities designated as Other Assessments/ 

Administrative Costs, $25,245,000. 

(b) REPORT ON OBLIGATION OR EXPENDITURE OF FUNDS FOR

OTHER PURPOSES.—No fiscal year 2013 Cooperative Threat Reduction funds may be obligated or expended for a purpose other than 

a purpose listed in paragraphs (1) through (7) of subsection (a) 

until 15 days after the date that the Secretary of Defense submits 

to Congress a report on the purpose for which the funds will 

be obligated or expended and the amount of funds to be obligated 

or expended. Nothing in the preceding sentence shall be construed 

as authorizing the obligation or expenditure of fiscal year 2013 

Cooperative Threat Reduction funds for a purpose for which the 

obligation or expenditure of such funds is specifically prohibited 

under this title or any other provision of law. 

(c) LIMITED AUTHORITY TO VARY INDIVIDUAL AMOUNTS.— 

(1) IN GENERAL.—Subject to paragraph (2), in any case 

in which the Secretary of Defense determines that it is necessary to do so in the national interest, the Secretary may 

obligate amounts appropriated for fiscal year 2013 for a purpose 

listed in paragraphs (1) through (7) of subsection (a) in excess 

of the specific amount authorized for that purpose. 

(2) NOTICE-AND-WAIT REQUIRED.—An obligation of funds 

for a purpose stated in paragraphs (1) through (7) of subsection 

(a) in excess of the specific amount authorized for such purpose 

may be made using the authority provided in paragraph (1) 

only after— 

(A) the Secretary submits to Congress notification of 

the intent to do so together with a complete discussion 

of the justification for doing so; and 

(B) 15 days have elapsed following the date of the 

notification. 

Time period. 


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126 STAT. 2046 PUBLIC LAW 112–239—JAN. 2, 2013 

SEC. 1303. REPORT ON COOPERATIVE THREAT REDUCTION PROGRAMS 

IN RUSSIA. 

(a) REPORT.—Not later than 90 days after the date of the 

enactment of this Act, the Secretary of Defense, in coordination 

with the Secretary of State, the Secretary of Energy, and the 

Director of National Intelligence, shall submit to the appropriate 

congressional committees a report on Cooperative Threat Reduction 

Programs in the Russian Federation. 

(b) MATTERS INCLUDED.—The report under subsection (a) shall 

include the following: 

(1) Identification of nonproliferation programs in Russia 

that— 

(A) have accomplished their long-term objectives in 

reducing the threat of proliferation of weapons of mass 

destruction; and 

(B) will be phased out during the five-year period 

beginning on the date of the enactment of this Act. 

(2) Identification of— 

(A) nonproliferation programs in Russia that— 

(i) reduce the threat of the proliferation of weapons 

of mass destruction; and 

(ii) will not be phased out during such five-year 

period; and 

(B) the metrics to evaluate the success of such programs. 

(3) Identification of— 

(A) the nature of the threat of the proliferation of 

weapons of mass destruction that underpin the programs 

described in paragraphs (1) and (2); and 

(B) the current and foreseeable threats that are 

addressed by such programs. 

(4) The impact on nonproliferation programs in Russia 

and the risks and benefits to national security if the current 

agreement regarding such programs (commonly referred to as 

the ‘‘umbrella agreement’’) is amended or not renewed. 

(5) What steps, if any, will be taken to continue or terminate ongoing nonproliferation programs if the umbrella agreement is not renewed. 

(c) FORM.—The report under subsection (a) shall be in unclassified form, but may contain a classified annex. 

(d) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In 

this section, the term ‘‘appropriate congressional committees’’ 

means— 

(1) the Committee on Armed Services and the Committee 

on Foreign Affairs of the House of Representatives; and 

(2) the Committee on Armed Services and the Committee 

on Foreign Relations of the Senate. 

TITLE XIV—OTHER AUTHORIZATIONS 

Subtitle A—Military Programs 

Sec. 1401. Working capital funds. 

Sec. 1402. National Defense Sealift Fund. 

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

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

Sec. 1405. Defense Inspector General. 

Sec. 1406. Defense Health Program. 


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Subtitle B—National Defense Stockpile 

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

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

Sec. 1413. Release of materials needed for national defense purposes from the Strategic and Critical Materials Stockpile. 

Subtitle C—Chemical Demilitarization Matters 

Sec. 1421. Supplemental chemical agent and munitions destruction technologies at 

Pueblo Chemical Depot, Colorado, and Blue Grass Army Depot, Kentucky. 

Subtitle D—Other Matters 

Sec. 1431. Reduction of unobligated balances within the Pentagon Reservation 

Maintenance Revolving Fund. Sec. 1432. Authority for transfer of funds to Joint Department of Defense-Department of Veterans Affairs Medical Facility Demonstration Fund for Captain James A. Lovell Health Care Center, Illinois. 

Sec. 1433. Authorization of appropriations for Armed Forces Retirement Home. 

Sec. 1434. Cemeterial expenses. 

Sec. 1435. Additional Weapons of Mass Destruction Civil Support Teams. 

Subtitle A—Military Programs 

SEC. 1401. WORKING CAPITAL FUNDS. 

Funds are hereby authorized to be appropriated for fiscal year 

2013 for the use of the Armed Forces and other activities and 

agencies of the Department of Defense for providing capital for 

working capital and revolving funds, as specified in the funding 

table in section 4501. 

SEC. 1402. NATIONAL DEFENSE SEALIFT FUND. 

Funds are hereby authorized to be appropriated for fiscal year 

2013 for the National Defense Sealift Fund, as specified in the 

funding table in section 4501. 

SEC. 1403. CHEMICAL AGENTS AND MUNITIONS DESTRUCTION, 

DEFENSE. 

(a) AUTHORIZATION OF APPROPRIATIONS.—Funds are hereby 

authorized to be appropriated for the Department of Defense for 

fiscal year 2013 for expenses, not otherwise provided for, for Chemical Agents and Munitions Destruction, Defense, as specified in 

the funding table in section 4501. 

(b) USE.—Amounts authorized to be appropriated under subsection (a) are authorized for— 

(1) the destruction of lethal chemical agents and munitions 

in accordance with section 1412 of the Department of Defense 

Authorization Act, 1986 (50 U.S.C. 1521); and 

(2) the destruction of chemical warfare materiel of the 

United States that is not covered by section 1412 of such 

Act. 

SEC. 1404. DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, 

DEFENSE-WIDE. 

Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2013 for expenses, not otherwise 

provided for, for Drug Interdiction and Counter-Drug Activities, 

Defense-wide, as specified in the funding table in section 4501. 

SEC. 1405. DEFENSE INSPECTOR GENERAL. 

Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2013 for expenses, not otherwise 


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provided for, for the Office of the Inspector General of the Department of Defense, as specified in the funding table in section 4501. 

SEC. 1406. DEFENSE HEALTH PROGRAM. 

Funds are hereby authorized to be appropriated for fiscal year 

2013 for the Defense Health Program, as specified in the funding 

table in section 4501, for use of the Armed Forces and other activities and agencies of the Department of Defense in providing for 

the health of eligible beneficiaries. 

Subtitle B—National Defense Stockpile 

SEC. 1411. AUTHORIZED USES OF NATIONAL DEFENSE STOCKPILE 

FUNDS. 

(a) OBLIGATION OF STOCKPILE FUNDS.—During fiscal year 2013, 

the National Defense Stockpile Manager may obligate up to 

$44,899,227 of the funds in the National Defense Stockpile Transaction Fund established under subsection (a) of section 9 of the 

Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98h) 

for the authorized uses of such funds under subsection (b)(2) of 

such section, including the disposal of hazardous materials that 

are environmentally sensitive. 

(b) ADDITIONAL OBLIGATIONS.—The National Defense Stockpile 

Manager may obligate amounts in excess of the amount specified 

in subsection (a) if the National Defense Stockpile Manager notifies 

Congress that extraordinary or emergency conditions necessitate 

the additional obligations. The National Defense Stockpile Manager 

may make the additional obligations described in the notification 

after the end of the 45-day period beginning on the date on which 

Congress receives the notification. 

(c) LIMITATIONS.—The authorities provided by this section shall 

be subject to such limitations as may be provided in appropriations 

Acts. 

SEC. 1412. ADDITIONAL SECURITY OF STRATEGIC MATERIALS SUPPLY 

CHAINS. 

Section 2(b) of the Strategic and Critical Materials Stock Piling 

Act (50 U.S.C. 98a(b)) is amended by inserting ‘‘or a single point 

of failure’’ after ‘‘foreign sources’’. 

SEC. 1413. RELEASE OF MATERIALS NEEDED FOR NATIONAL DEFENSE 

PURPOSES FROM THE STRATEGIC AND CRITICAL MATERIALS STOCKPILE. 

(a) AUTHORITY FOR PRESIDENT TO DELEGATE SPECIAL DISPOSAL

AUTHORITY OF PRESIDENT FOR RELEASE FOR NATIONAL DEFENSE

PURPOSES.—Section 7(a) of the Strategic and Critical Materials 

Stock Piling Act (50 U.S.C. 98f(a)) is amended— 

(1) in paragraph (1), by striking ‘‘and’’ at the end; 

(2) in paragraph (2), by striking the period at the end 

and inserting ‘‘; and’’; and 

(3) by adding at the end the following new paragraph: 

‘‘(3) on the order of the Under Secretary of Defense for 

Acquisition, Technology, and Logistics, if the President has 

designated the Under Secretary to have authority to issue 

release orders under this subsection and, in the case of any 

such order, if the Under Secretary determines that the release 

Time period. 


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PUBLIC LAW 112–239—JAN. 2, 2013 126 STAT. 2049 

of such materials is required for use, manufacture, or production for purposes of national defense.’’. 

(b) EXCLUSION FROM DELEGATION LIMITATION.—Section 16 of 

such Act (50 U.S.C. 98h-7) is amended by striking ‘‘sections 7 

and 13’’ each place it appears and inserting ‘‘sections 7(a)(1) and 

13’’. 

Subtitle C—Chemical Demilitarization 

Matters 

SEC. 1421. SUPPLEMENTAL CHEMICAL AGENT AND MUNITIONS 

DESTRUCTION TECHNOLOGIES AT PUEBLO CHEMICAL 

DEPOT, COLORADO, AND BLUE GRASS ARMY DEPOT, KENTUCKY. 

(a) SUPPLEMENTAL DESTRUCTION TECHNOLOGIES.—Section 1412 

of the Department of Defense Authorization Act, 1986 (50 U.S.C. 

1521) is amended— 

(1) in subsection (i)(2), by adding at the end the following 

new subparagraph: 

‘‘(E) A description of any supplemental chemical agent and 

munitions destruction technologies used at Pueblo Chemical 

Depot, Colorado, and Blue Grass Army Depot, Kentucky, during 

the period covered by the report, including explosive destruction 

technologies and any technologies developed for the treatment 

and disposal of energetic or agent hydrolystates.’’; 

(2) in subsection (j)(2), by adding at the end the following 

new subparagraph: 

‘‘(E) A description and justification for the use of any 

supplemental chemical agent and munitions destruction technologies used at Pueblo Chemical Depot, Colorado, and Blue 

Grass Army Depot, Kentucky, during the period covered by 

the report, including explosive destruction technologies and 

any technologies developed for the treatment and disposal of 

energetic or agent hydrolysates. Such description and justification shall outline— 

‘‘(i) the need for the use of supplemental destruction 

technologies and technologies developed for the treatment 

and disposal of energetic or agent hydrolystates; 

‘‘(ii) site-by-site descriptions of the problematic aspects 

of the stockpile requiring the use of supplemental technologies; 

‘‘(iii) the type of supplemental destruction technologies 

used at each site; and 

‘‘(iv) any planned future use of other supplemental 

destruction technologies for each site.’’; 

(3) by redesignating subsection (o) as subsection (p); and 

(4) by inserting after subsection (n) the following new subsection (o): 

‘‘(o) SUPPLEMENTAL DESTRUCTION TECHNOLOGIES.—In determining the technologies to supplement the neutralization destruction of the stockpile of lethal chemical agents and munitions at 

Pueblo Chemical Depot, Colorado, and Blue Grass Army Depot, 

Kentucky, the Secretary of Defense may consider the following: 

‘‘(1) Explosive Destruction Technologies. 


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‘‘(2) Any technologies developed for the treatment and disposal of energetic or agent hydrolysates, if problems with the 

current on-site treatment of hydrolysates are encountered.’’. 

(b) REPEAL OF SUPERSEDED PROVISION.—Section 151 of the 

Floyd D. Spence National Defense Authorization Act for Fiscal 

Year 2001 (as enacted into law by Public Law 106–398; 114 Stat. 

1645A–30) is repealed. 

Subtitle D—Other Matters 

SEC. 1431. REDUCTION OF UNOBLIGATED BALANCES WITHIN THE PENTAGON RESERVATION MAINTENANCE REVOLVING FUND. 

Not later than 60 days after the date of the enactment of 

this Act, the Secretary of Defense shall transfer $5,000,000 from 

the unobligated balances of the Pentagon Reservation Maintenance 

Revolving Fund established under section 2674(e) of title 10, United 

States Code, to the Miscellaneous Receipts Fund of the United 

States Treasury. 

SEC. 1432. AUTHORITY FOR TRANSFER OF FUNDS TO JOINT DEPARTMENT OF DEFENSE-DEPARTMENT OF VETERANS AFFAIRS 

MEDICAL FACILITY DEMONSTRATION FUND FOR CAPTAIN 

JAMES A. LOVELL HEALTH CARE CENTER, ILLINOIS. 

(a) AUTHORITY FOR TRANSFER OF FUNDS.—Of the funds authorized to be appropriated for section 1406 and available for the 

Defense Health Program for operation and maintenance, 

$139,204,000 may be transferred by the Secretary of Defense to 

the Joint Department of Defense–Department of Veterans Affairs 

Medical Facility Demonstration Fund established by subsection 

(a)(1) of section 1704 of the National Defense Authorization Act 

for Fiscal Year 2010 (Public Law 111–84; 123 Stat. 2571). For 

purposes of subsection (a)(2) of such section 1704, any funds so 

transferred shall be treated as amounts authorized and appropriated specifically for the purpose of such a transfer. 

(b) USE OF TRANSFERRED FUNDS.—For the purposes of subsection (b) of such section 1704, facility operations for which funds 

transferred under subsection (a) may be used are operations of 

the Captain James A. Lovell Federal Health Care Center, consisting 

of the North Chicago Veterans Affairs Medical Center, the Navy 

Ambulatory Care Center, and supporting facilities designated as 

a combined Federal medical facility under an operational agreement 

covered by section 706 of the Duncan Hunter National Defense 

Authorization Act for Fiscal Year 2009 (Public Law 110–417; 122 

Stat. 4500). 

SEC. 1433. AUTHORIZATION OF APPROPRIATIONS FOR ARMED FORCES 

RETIREMENT HOME. 

There is hereby authorized to be appropriated for fiscal year 

2013 from the Armed Forces Retirement Home Trust Fund the 

sum of $67,590,000 for the operation of the Armed Forces Retirement Home. 

SEC. 1434. CEMETERIAL EXPENSES. 

Funds are hereby authorized to be appropriated for the Department of the Army for fiscal year 2013 for cemeterial expenses, 

not otherwise provided for, in the amount of $173,800,000. 

Deadline. 


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SEC. 1435. ADDITIONAL WEAPONS OF MASS DESTRUCTION CIVIL SUPPORT TEAMS. 

(a) IN GENERAL.—Section 1403 of the Bob Stump National 

Defense Authorization Act for Fiscal Year 2003 (Public Law 107– 

314; 116 Stat. 2676; 10 U.S.C. 12310 note) is amended— 

(1) by striking subsection (b); 

(2) by redesignating subsection (c) as subsection (e); and 

(3) by inserting after subsection (a) the following new subsections (b), (c), and (d): 

‘‘(b) ESTABLISHMENT OF FURTHER ADDITIONAL TEAMS.—The Secretary of Defense is authorized to have established two additional 

teams designated as Weapons of Mass Destruction Civil Support 

Teams, beyond the 55 teams required in subsection (a), if— 

‘‘(1) the Secretary of Defense has made the certification 

provided for in section 12310(c)(5) of title 10, United States 

Code, with respect to each of such additional teams before 

December 31, 2011; and 

‘‘(2) the establishment of such additional teams does not 

require an increase in authorized personnel levels above the 

numbers authorized as of the date of the enactment of the 

National Defense Authorization Act for Fiscal Year 2013. 

‘‘(c) LIMITATION OF ESTABLISHMENT OF FURTHER TEAMS.—No 

Weapons of Mass Destruction Civil Support Team may be established beyond the number authorized by subsections (a) and (b) 

unless— 

‘‘(1) the Secretary submits to Congress a request for 

authority to establish such team, including a detailed justification for its establishment; and 

‘‘(2) the establishment of such team is specifically authorized by a law enacted after the date of the enactment of the 

National Defense Authorization Act for Fiscal Year 2013. 

‘‘(d) NOTIFICATION OF DISESTABLISHMENT OF TEAMS.—No 

Weapons of Mass Destruction Civil Support Team established 

pursuant to this section may be disestablished unless, by not later 

than 90 days before the date on which such team is disestablished, 

the Secretary submits to the congressional defense committees 

notice of the proposed disestablishment of the team and the date 

on which the disestablishment is proposed to take place.’’. 

(b) REPORT.—Not later than 180 days after the date of the 

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

the congressional defense committees a report on the Weapons 

of Mass Destruction Civil Support Teams. The report shall include 

the following: 

(1) A detailed description of risk management criteria and 

considerations to be used in determining the optimal number 

and location of Weapons of Mass Destruction Civil Support 

Teams. 

(2) A description of the operational and training activities 

conducted by the Weapons of Mass Destruction Civil Support 

Teams during each of fiscal years 2010, 2011, and 2012, and 

of such activities planned for fiscal year 2013. 

(3) An assessment of the optimal number and location 

of Weapons of Mass Destruction Civil Support Teams in light 

of the information under paragraphs (1) and (2). 

(4) A comparative analysis of the cost of establishing 

Weapons of Mass Destruction Civil Support Teams in the 

reserve components of the Armed Forces (other than the 

Deadline. 

Request. 

Certification. 

Deadline. 


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National Guard) with the cost of establishing Weapons of Mass 

Destruction Civil Support Teams in the National Guard. 

(5) A description of the portion of the costs of Weapons 

of Mass Destruction Civil Support Teams that is currently 

borne by the States. 

(6) Any other matter that the Secretary determines is 

appropriate. 

TITLE XV—AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR OVERSEAS CONTINGENCY OPERATIONS 

Subtitle A—Authorization of Additional Appropriations 

Sec. 1501. Purpose. 

Sec. 1502. Procurement. 

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

Sec. 1504. Operation and maintenance. 

Sec. 1505. Military personnel. 

Sec. 1506. Working capital funds. 

Sec. 1507. Defense Health Program. 

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

Sec. 1509. Defense Inspector General. 

Subtitle B—Financial Matters 

Sec. 1521. Treatment as additional authorizations. 

Sec. 1522. Special transfer authority. 

Subtitle C—Limitations and Other Matters 

Sec. 1531. Afghanistan Security Forces Fund. 

Sec. 1532. Joint Improvised Explosive Device Defeat Fund. 

Sec. 1533. One-year extension of project authority and related requirements of 

Task Force for Business and Stability Operations in Afghanistan. 

Sec. 1534. Plan for transition in funding of United States Special Operations Command from supplemental funding for overseas contingency operations to 

recurring funding under the future-years defense program. 

Sec. 1535. Assessment of counter-improvised explosive device training and intelligence activities of the Joint Improvised Explosive Device Defeat Organization and national and military intelligence Organizations. 

Subtitle A—Authorization of Additional 

Appropriations 

SEC. 1501. PURPOSE. 

The purpose of this subtitle is to authorize appropriations for 

the Department of Defense for fiscal year 2013 to provide additional 

funds for overseas contingency operations being carried out by 

the Armed Forces. 

SEC. 1502. PROCUREMENT. 

Funds are hereby authorized to be appropriated for fiscal year 

2013 for procurement accounts for the Army, the Navy and the 

Marine Corps, the Air Force, and Defense-wide activities, as specified in the funding table in section 4102. 

SEC. 1503. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION. 

Funds are hereby authorized to be appropriated for fiscal year 

2013 for the use of the Department of Defense for research, development, test, and evaluation, as specified in the funding table in 

section 4202. 


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SEC. 1504. OPERATION AND MAINTENANCE. 

Funds are hereby authorized to be appropriated for fiscal year 

2013 for the use of the Armed Forces and other activities and 

agencies of the Department of Defense for expenses, not otherwise 

provided for, for operation and maintenance, as specified in the 

funding table in section 4302. 

SEC. 1505. MILITARY PERSONNEL. 

Funds are hereby authorized to be appropriated for fiscal year 

2013 for the use of the Armed Forces and other activities and 

agencies of the Department of Defense for expenses, not otherwise 

provided for, for military personnel, as specified in the funding 

table in section 4402. 

SEC. 1506. WORKING CAPITAL FUNDS. 

Funds are hereby authorized to be appropriated for fiscal year 

2013 for the use of the Armed Forces and other activities and 

agencies of the Department of Defense for providing capital for 

working capital and revolving funds, as specified in the funding 

table in section 4502. 

SEC. 1507. DEFENSE HEALTH PROGRAM. 

Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2013 for expenses, not otherwise 

provided for, for the Defense Health Program, as specified in the 

funding table in section 4502. 

SEC. 1508. DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, 

DEFENSE-WIDE. 

Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2013 for expenses, not otherwise 

provided for, for Drug Interdiction and Counter-Drug Activities, 

Defense-wide, as specified in the funding table in section 4502. 

SEC. 1509. DEFENSE INSPECTOR GENERAL. 

Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2013 for expenses, not otherwise 

provided for, for the Office of the Inspector General of the Department of Defense, as specified in the funding table in section 4502. 

Subtitle B—Financial Matters 

SEC. 1521. TREATMENT AS ADDITIONAL AUTHORIZATIONS. 

The amounts authorized to be appropriated by this title are 

in addition to amounts otherwise authorized to be appropriated 

by this Act. 

SEC. 1522. SPECIAL TRANSFER AUTHORITY. 

(a) AUTHORITY TO TRANSFER AUTHORIZATIONS.— 

(1) AUTHORITY.—Upon determination by the Secretary of 

Defense that such action is necessary in the national interest, 

the Secretary may transfer amounts of authorizations made 

available to the Department of Defense in this title for fiscal 

year 2013 between any such authorizations for that fiscal year 

(or any subdivisions thereof). Amounts of authorizations so 

transferred shall be merged with and be available for the 

same purposes as the authorization to which transferred. 


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(2) LIMITATION.—The total amount of authorizations that 

the Secretary may transfer under the authority of this subsection may not exceed $3,000,000,000. 

(b) TERMS AND CONDITIONS.—Transfers under this section shall 

be subject to the same terms and conditions as transfers under 

section 1001. 

(c) ADDITIONAL AUTHORITY.—The transfer authority provided 

by this section is in addition to the transfer authority provided 

under section 1001. 

Subtitle C—Limitations and Other Matters 

SEC. 1531. AFGHANISTAN SECURITY FORCES FUND. 

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

(1) it is the responsibility of the Commander, International 

Security Assistance Force/Commander, United States Forces— 

Afghanistan to ensure the security of members of the Armed 

Forces deployed to Afghanistan and to mitigate internal threats 

to such forces to the greatest extent possible, while continuing 

to meet the objectives of the International Security Assistance 

Force mission in Afghanistan, including the training and equipping of the Afghan National Security Forces so that they may 

provide for their own security; 

(2) the Afghan Public Protection Force must meet and 

maintain key standards to provide force protection for members 

of the Armed Forces; and 

(3) if the Secretary of Defense determines that the Afghan 

Public Protection Force is not meeting such standards, the 

Secretary should take all appropriate actions to provide force 

protection for members of the Armed Forces, including, if necessary, having the Armed Forces provide for their own force 

protection. 

(b) CONTINUATION OF EXISTING LIMITATIONS ON USE OF FUNDS

IN FUND.—Funds available to the Department of Defense for the 

Afghanistan Security Forces Fund for fiscal year 2013 shall be 

subject to the conditions contained in subsections (b) through (g) 

of section 1513 of the National Defense Authorization Act for Fiscal 

Year 2008 (Public Law 110–181; 122 Stat. 428), as amended by 

section 1531(b) of the Ike Skelton National Defense Authorization 

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

(c) AFGHAN PUBLIC PROTECTION FORCE.— (1) SEMI-ANNUAL CERTIFICATIONS.—Not later than 90 days 

after the date of the enactment of this Act, and semiannually 

thereafter through December 31, 2014, the Secretary of Defense 

shall certify in writing to the congressional defense committees 

the elements specified in paragraph (3). 

(2) REPORT FOLLOWING INABILITY TO CERTIFY ANY ELEMENT.—If the Secretary determines that an element specified 

in paragraph (3) cannot be certified in a report required by 

paragraph (1), the Secretary shall submit to the congressional 

defense committees a report setting forth the following: 

(A) An explanation why such element cannot be certified. 

(B) A description of the actions, if any, that are being 

taken to mitigate the risk associated with such element. 

Deadline. 


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(C) A description of the specific actions being taken 

to achieve the certification of such element, to the extent 

practicable. 

(3) CERTIFICATION ELEMENTS.—The elements of each certification specified in this paragraph are the following: 

(A) That each agreement between the United States 

and the Government of Afghanistan, or any contract 

between the Department of Defense and a contractor that 

subcontracts to the Afghan Public Protection Force, contains— 

(i) uniform standards that ensure a consistent level 

of security; 

(ii) standard procedures and institutional mechanisms for dispute resolution; 

(iii) requirements for the Afghan Public Protection 

Force to adhere to the Afghan Public Protection Force 

Code of Conduct and applicable international standards, such as the Montreux Document, and the International Code of Conduct for private security service 

providers; and 

(iv) provisions for the United States, or the contractor, to take actions to address the failure of the 

Afghan Public Protection Force to perform in a manner 

consistent with the Afghan Public Protection Force 

Code of Conduct and applicable international standards. 

(B) That all Afghan Public Protection Force recruits 

and personnel are vetted under procedures consistent with 

the vetting standards of the United States for the Afghan 

National Security Forces as of the date of the enactment 

of this Act. 

(C) That all Afghan Public Protection Force recruits 

and personnel are biometrically screened in an independent 

fashion by the United States or contractors. 

(D) In the case of contracts to provide force protection 

at installations in Afghanistan where the Armed Forces 

are garrisoned or housed, that the Commander, International Security and Assistance Force/Commander, United 

States Forces—Afghanistan, or designees, are provided the 

ability to— 

(i) approve or disapprove arming authorization for 

Afghan Public Protection Force personnel performing 

activities at such installations; and 

(ii) account for and maintain records of Afghan 

Public Protection Force personnel authorized to perform activities at such installations. 

(E) That the International Security and Assistance 

Force Command has designated a centralized entity within 

that Command authorized to provide oversight of coalition 

activities relating to the Afghan Public Protection Force, 

including consultations with the Afghanistan Ministry of 

Interior regarding rules on the use of force, violations of 

contract, and other performance issues. 

(F) That there is a mechanism in place sufficient to— 

(i) account for the transfer of any United States 

Government-owned, contractor-acquired defense articles to the Afghan Public Protection Force; and 


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(ii) conduct end-use monitoring, of such defense 

articles, including an inventory of the existence and 

completeness of any such defense articles. 

(d) REPORTS.— 

(1) INITIAL ASSESSMENT.—Not later than 90 days after the 

date of the enactment of this Act, the Secretary of Defense 

shall submit to the congressional defense committees a report 

setting forth an assessment of the Afghan Public Protection 

Force. 

(2) SUBSEQUENT ASSESSMENTS.—On a semiannual basis following the submittal of the report required by paragraph (1) 

through September 30, 2014, the Secretary shall submit to 

the congressional defense committees an assessment of the 

progress in the development of the Afghan Public Protection 

Force during the preceding six months. 

(3) ELEMENTS.—Each report under this subsection shall 

include the following: 

(A) A description of the size and composition of the 

Afghan Public Protection Force. 

(B) An assessment of the recruiting and training for 

the Afghan Public Protection Force. 

(C) An assessment of the ability of the Afghan Public 

Protection Force to perform its tasks and missions. 

(D) A description of measures of effectiveness for evaluating the Afghan Public Protection Force. 

(E) Any recommendations provided by the United 

States to the Afghanistan Ministry of Interior to improve 

the performance of the Afghan Public Protection Force. 

(F) A description of any instances of termination of 

contracts with the Afghan Public Protection Force. 

(G) An assessment of the ability of the United States, 

or contractors, to hold the Afghan Public Protection Force 

accountable for gross or repeated violations. 

(H) A description of the status of United States Government-owned, contractor-acquired defense articles provided 

to the Afghan Public Protection Force. 

(4) ADDITIONAL ELEMENTS DURING FISCAL YEAR 2014

REPORTS.—Each report under paragraph (2) submitted during 

fiscal year 2014 shall include a plan, and any updates, on 

the post-2014 disposition of the Afghan Public Protection Force. 

(5) SUBMITTAL WITH OTHER REPORTS.—Each report under 

paragraph (2) may be submitted as part of the report on 

progress toward security and stability in Afghanistan that is 

submitted under sections 1230 and 1231 of the National 

Defense Authorization Act for Fiscal Year 2008 (Public Law 

110–181; 122 Stat. 385, 390). 

(e) PLAN FOR USE OF AFGHANISTAN SECURITY FORCES FUND

THROUGH FISCAL YEAR 2017.—Not later than 90 days after the 

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

submit to the congressional defense committees a plan for using 

funds available to the Department of Defense to provide assistance 

to the security forces of Afghanistan through the Afghanistan Security Forces Fund through September 30, 2017. 

(f) AGREEMENTS.—The Secretary of Defense shall submit to 

the congressional committees a copy of each agreement entered 

into by the United States and Afghanistan for services of the 

Records. 

Deadline. 

Deadline. 

Time period. 


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Afghan Public Protection Force for the Department of Defense not 

later than 30 days after entry into such agreement. 

SEC. 1532. JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT FUND. 

(a) USE AND TRANSFER OF FUNDS.—Subsections (b) and (c) 

of section 1514 of the John Warner National Defense Authorization 

Act for Fiscal Year 2007 (Public Law 109–364; 120 Stat. 2439), 

as in effect before the amendments made by section 1503 of the 

Duncan Hunter National Defense Authorization Act for Fiscal Year 

2009 (Public Law 110–417; 122 Stat. 4649), shall apply to the 

funds made available to the Department of Defense for the Joint 

Improvised Explosive Device Defeat Fund for fiscal year 2013. In 

providing prior notice to the congressional defense committees of 

the obligation of funds from the Joint Improvised Explosive Device 

Defeat Fund for such fiscal year, as required by paragraph (4) 

of such subsection (c), the Secretary of Defense shall include the 

associated analysis of alternatives conducted in the process of taking 

action to initiate any project for which the total obligation of funds 

from the Fund will exceed $10,000,000. 

(b) MONTHLY OBLIGATIONS AND EXPENDITURE REPORTS.—Not 

later than 15 days after the end of each month of fiscal year 

2013, the Secretary of Defense shall provide to the congressional 

defense committees a report on the Joint Improvised Explosive 

Device Defeat Fund explaining monthly commitments, obligations, 

and expenditures by line of operation. 

(c) INTERDICTION OF IMPROVISED EXPLOSIVE DEVICE PRECURSOR

CHEMICALS.— 

(1) AVAILABILITY OF CERTAIN FISCAL YEAR 2013 FUNDS.— 

Of the funds made available to the Department of Defense 

for the Joint Improvised Explosive Device Defeat Fund for 

fiscal year 2013, $15,000,000 may be available to the Secretary 

of Defense to provide training, equipment, supplies, and services to ministries and other entities of the Government of 

Pakistan that the Secretary has identified as critical for countering the flow of improvised explosive device precursor chemicals from Pakistan to locations in Afghanistan. 

(2) PROVISION THROUGH OTHER US AGENCIES.—If jointly 

agreed upon by the Secretary of Defense and the head of 

another department or agency of the United States Government, the Secretary of Defense may transfer funds available 

under paragraph (1) to such department or agency for the 

provision by such department or agency of training, equipment, 

supplies, and services to ministries and other entities of the 

Government of Pakistan as described in that paragraph. 

(3) NOTICE TO CONGRESS.—Funds may not be used under 

the authority in paragraph (1) until 15 days after the date 

on which the Secretary of Defense submits to the congressional 

defense committees a notice— 

(A) describing the training, equipment, supplies, and 

services to be provided using such funds; and 

(B) evaluating the effectiveness of the efforts by the 

Government of Pakistan to counter the flow of improvised 

explosive device precursor chemicals from Pakistan to locations in Afghanistan. 

(4) EXPIRATION.—The authority provided by this subsection 

expires on December 31, 2013. 

Time period. 

Pakistan. 

Afghanistan. 

Analysis. 

Applicability. 


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126 STAT. 2058 PUBLIC LAW 112–239—JAN. 2, 2013 

SEC. 1533. ONE-YEAR EXTENSION OF PROJECT AUTHORITY AND 

RELATED REQUIREMENTS OF TASK FORCE FOR BUSINESS 

AND STABILITY OPERATIONS IN AFGHANISTAN. 

(a) EXTENSION.—Subsection (a) of section 1535 of the Ike 

Skelton National Defense Authorization Act for Fiscal Year 2011 

(Public Law 111–383; 124 Stat. 4426), as amended by section 1534 

of the National Defense Authorization Act for Fiscal Year 2012 

(Public Law 112–81; 125 Stat. 1658), is further amended— 

(1) in paragraph (6), by striking ‘‘October 31, 2011, and 

October 31, 2012’’ and inserting ‘‘October 31, 2011, October 

31, 2012, and October 31, 2013’’; and 

(2) in paragraph (7)— 

(A) by striking ‘‘provided in’’ and inserting ‘‘to obligate 

funds for projects under’’; and 

(B) by striking ‘‘September 30, 2012’’ and inserting 

‘‘September 30, 2013’’. 

(b) SCOPE OF PROJECTS.—Paragraph (3) of such subsection, 

as so amended, is further amended by striking ‘‘focus on improving 

the commercial viability of’’ and inserting ‘‘complement’’. 

(c) FUNDING.—Paragraph (4) of such subsection, as so amended, 

is further amended— 

(1) by striking ‘‘The Secretary’’ and inserting the following: 

‘‘(A) IN GENERAL.—The Secretary’’; 

(2) by striking ‘‘The amount’’ and all that follows through 

‘‘appropriate congressional committees.’’ and inserting the following: 

‘‘(B) LIMITATION.—The amount of funds obligated under 

the authority of subparagraph (A)— 

‘‘(i) may not exceed $150,000,000 for fiscal year 

2012, except that not more than 50 percent of such 

amount of funds may be obligated until the Secretary 

of Defense submits to the appropriate congressional 

committees the plan required by subsection (b); and 

‘‘(ii) may not exceed $93,000,000 for fiscal year 

2013, except that not more than $50,000,000 of such 

amount of funds may be obligated until the Secretary 

of Defense submits to the appropriate congressional 

committees the report required by paragraph (7) of 

this subsection.’’; and 

(3) by striking ‘‘The funds’’ and inserting the following: 

‘‘(C) AVAILABILITY.—The funds’’. 

(d) REPORT ON IMPLEMENTATION OF TRANSITION ACTION PLAN.— 

Subsection (a) of section 1535 of the Ike Skelton National Defense 

Authorization Act for Fiscal Year 2011, as amended by section 

1534 of the National Defense Authorization Act for Fiscal Year 

2012 and as amended by this section, is further amended— 

(1) by redesignating paragraph (7) as paragraph (8); and 

(2) by inserting after paragraph (6) the following new paragraph (7): 

‘‘(7) REPORT ON IMPLEMENTATION OF TRANSITION ACTION

PLAN.— ‘‘(A) IN GENERAL.—The Secretary of Defense, in consultation with the Secretary of State, shall submit to the 

appropriate congressional committees a report on the 

progress in implementing the Transition Action Plan of 

the Task Force for Business and Stability Operations in 

Afghanistan. 

Consultation. 


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‘‘(B) UPDATES.—The Secretary of Defense, in consultation with the Secretary of State, shall submit to the appropriate congressional committees an update of the report 

required by subparagraph (A) every 90 days after the 

submission of such report.’’. 

SEC. 1534. PLAN FOR TRANSITION IN FUNDING OF UNITED STATES 

SPECIAL OPERATIONS COMMAND FROM SUPPLEMENTAL 

FUNDING FOR OVERSEAS CONTINGENCY OPERATIONS TO 

RECURRING FUNDING UNDER THE FUTURE-YEARS 

DEFENSE PROGRAM. 

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

this Act, the Secretary of Defense shall submit to the congressional 

defense committees a plan for the transition of funding of the 

United States Special Operations Command from funds authorized 

to be appropriated for overseas contingency operations (commonly 

referred to as the ‘‘overseas contingency operations budget’’) to 

funds authorized to be appropriated for recurring operations of 

the Department of Defense in accordance with applicable futureyears defense programs under section 221 of title 10, United States 

Code (commonly referred to as the ‘‘base budget’’). 

SEC. 1535. ASSESSMENT OF COUNTER-IMPROVISED EXPLOSIVE DEVICE 

TRAINING AND INTELLIGENCE ACTIVITIES OF THE JOINT 

IMPROVISED EXPLOSIVE DEVICE DEFEAT ORGANIZATION 

AND NATIONAL AND MILITARY INTELLIGENCE ORGANIZATIONS. 

(a) ASSESSMENT OF TRAINING ACTIVITIES.— (1) ASSESSMENT REQUIRED.—The Secretary of Defense shall 

prepare an assessment of the training-related activities of the 

Joint Improvised Explosive Device Defeat Organization 

(JIEDDO). 

(2) ELEMENTS.—The assessment required by paragraph (1) 

shall— 

(A) include all training programs and functions, both 

enduring and non-enduring, executed by the Joint Improvised Explosive Device Defeat Organization in support of 

the United States Armed Forces; 

(B) identify any program or function that is similar 

to or duplicates other training activities conducted elsewhere within the Department of Defense; and 

(C) assess the value of maintaining such similarity 

or duplication. 

(3) CONSULTATION.—The Secretary of Defense shall prepare 

the assessment required by paragraph (1) in consultation with 

the Chairman of the Joint Chiefs of Staff and the other chiefs 

of staff of the Armed Forces. 

(4) SUBMISSION AND FORM.—Not later than 180 days after 

the date of the enactment of this Act, the Secretary of Defense 

shall submit a report containing the results of the assessment 

required by paragraph (1) to the congressional defense committees. The report shall be submitted in unclassified form, but 

may include a classified annex. 

(b) ASSESSMENT OF INTELLIGENCE ACTIVITIES.— 

(1) ASSESSMENT REQUIRED.—The Secretary of Defense shall 

prepare an assessment of the intelligence activities carried 

out in support of the counter-improvised explosive device mission of the Department of Defense. 

Deadline. 

Reports. 

Deadline. 


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(2) ELEMENTS.—The assessment required by paragraph (1) 

shall— 

(A) consider the activities of the Counter-Improved 

Explosive Devise Operations Integration Center of the Joint 

Improvised Explosive Device Defeat Organization, 

including— 

(i) identification of all intelligence analysis programs and functions executed by the Counter-Improvised Explosive Device Operations Integration Center 

in support of United States combatant commands and 

United States military activities in Afghanistan; 

(ii) identification of any program or function which 

is duplicated elsewhere in the intelligence components 

of the Department of Defense or the intelligence 

community of the United States; 

(iii) an assessment of the value of maintaining 

such duplication; and 

(iv) identification of any opportunities to eliminate 

unnecessary duplication; 

(B) consider the activities of the national and military 

intelligence communities to counter improvised explosive 

devices, including an assessment of— 

(i) the sufficiency, adequacy, and effectiveness of 

these efforts in support of the commanders of combatant commands; 

(ii) the prioritization of collection efforts and 

resource allocation within the intelligence components 

of the Department of Defense toward countering improvised explosive devices; and 

(iii) opportunities for improvement of these efforts, 

including how these components would support a 

broader counter improvised explosive device effort 

beyond operations in Afghanistan; and 

(C) consider the enduring need for a Counter-Improvised Explosive Device Operations Integration Center and, 

if determined to be necessary, how this center could be 

most efficiently and effectively integrated into the broader 

Department of Defense intelligence community. 

(3) CONSULTATION.—The Secretary of Defense shall prepare 

the assessment required by paragraph (1) in consultation with 

the Director of National Intelligence and the Chairman of the 

Joint Chiefs of Staff. 

(4) SUBMISSION AND FORM.—Not later than 180 days after 

the date of the enactment of this Act, the Secretary of Defense 

shall submit a report containing the results of the assessment 

required by paragraph (1) to the congressional defense committees, the Permanent Select Committee on Intelligence of the 

House of Representatives, and the Select Committee on Intelligence of the Senate. The report shall be submitted in unclassified form, but may include a classified annex. 

TITLE XVI—INDUSTRIAL BASE 

MATTERS 

Subtitle A—Defense Industrial Base Matters 

Sec. 1601. Disestablishment of Defense Materiel Readiness Board. 

Deadline. 

Reports. 


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Sec. 1602. Assessment of effects of foreign boycotts. 

Sec. 1603. National security strategy for national technology and industrial base. 

Subtitle B—Department of Defense Activities Related to Small Business Matters 

Sec. 1611. Role of the directors of small business programs in acquisition processes 

of the Department of Defense. 

Sec. 1612. Small Business Ombudsman for defense audit agencies. 

Sec. 1613. Independent assessment of Federal procurement contracting performance of the Department of Defense. 

Sec. 1614. Additional responsibilities of Inspector General of the Department of Defense. 

Sec. 1615. Restoration of 1 percent funding for administrative expenses of Commercialization Readiness Program of Department of Defense. 

Subtitle C—Matters Relating to Small Business Concerns 

PART I—PROCUREMENT CENTER REPRESENTATIVES

Sec. 1621. Procurement center representatives. 

Sec. 1622. Small Business Act contracting requirements training. 

Sec. 1623. Acquisition planning. 

PART II—GOALS FOR PROCUREMENT CONTRACTS AWARDED TO SMALL BUSINESS

CONCERNS

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

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

concerns. 

Sec. 1633. Senior executives. 

PART III—MENTOR-PROTEGE PROGRAMS

Sec. 1641. Mentor-Protege programs. 

PART IV—TRANSPARENCY IN SUBCONTRACTING

Sec. 1651. Limitations on subcontracting. 

Sec. 1652. Penalties. 

Sec. 1653. Subcontracting plans. 

Sec. 1654. Notices of subcontracting opportunities. 

Sec. 1655. Publication of certain documents. 

PART V—SMALL BUSINESS CONCERN SIZE STANDARDS

Sec. 1661. Small business concern size standards. 

PART VI—CONTRACT BUNDLING

Sec. 1671. Contract bundling. 

PART VII—INCREASED PENALTIES FOR FRAUD

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

Sec. 1682. Requirement that fraudulent businesses be suspended or debarred. 

Sec. 1683. Annual report on suspensions and debarments proposed by Small Business Administration. 

PART VIII—OFFICES OF SMALL AND DISADVANTAGED BUSINESS UNITS

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

Sec. 1692. Small Business Procurement Advisory Council. 

PART IX—OTHER MATTERS

Sec. 1695. Surety bonds. 

Sec. 1696. Conforming Amendments; Repeal of redundant provisions; Regulations. 

Sec. 1697. Contracting with small business concerns owned and controlled by 

women. 

Sec. 1698. Small business HUBZones. 

Sec. 1699. National Veterans Business Development Corporation. 

Sec. 1699a. State Trade and Export Promotion Grant Program. 


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126 STAT. 2062 PUBLIC LAW 112–239—JAN. 2, 2013 

Subtitle A—Defense Industrial Base 

Matters 

SEC. 1601. DISESTABLISHMENT OF DEFENSE MATERIEL READINESS 

BOARD. 

(a) DISESTABLISHMENT OF BOARD.—The Defense Materiel Readiness Board established pursuant to section 871 of the National 

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

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

(b) TERMINATION OF DEFENSE STRATEGIC READINESS FUND.— 

The Department of Defense Strategic Readiness Fund established 

by section 872(d) of the National Defense Authorization Act for 

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

hereby closed. 

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

Authorization Act for Fiscal Year 2008 (Public Law 110–181; 10 

U.S.C. 117 note) is repealed. 

SEC. 1602. ASSESSMENT OF EFFECTS OF FOREIGN BOYCOTTS. 

Section 2505 of title 10, United States Code, is amended— 

(1) by redesignating subsection (d) as subsection (e); and 

(2) by inserting after subsection (c) the following new subsection (d): 

‘‘(d) ASSESSMENT OF EXTENT OF EFFECTS OF FOREIGN BOY- COTTS.—Each assessment under subsection (a) shall include an 

examination of the extent to which the national technology and 

industrial base is affected by foreign boycotts. If it is determined 

that a foreign boycott (other than a boycott addressed in a previous 

assessment) is subjecting the national technology and industrial 

base to significant harm, the assessment shall include a separate 

discussion and presentation regarding that foreign boycott that 

shall, at a minimum— 

‘‘(1) identify the sectors that are subject to such harm; 

‘‘(2) describe the harm resulting from such boycott; and 

‘‘(3) identify actions necessary to minimize the effects of 

such boycott on the national technology and industrial base.’’. 

SEC. 1603. NATIONAL SECURITY STRATEGY FOR NATIONAL TECHNOLOGY AND INDUSTRIAL BASE. 

(a) REQUIREMENT FOR STRATEGY.— 

(1) IN GENERAL.—Section 2501 of title 10, United States 

Code, is amended as follows: 

(A) The section heading is amended by striking ‘‘objectives concerning’’ and inserting ‘‘strategy for’’. 

(B) Subsection (a) is amended— 

(i) in the subsection heading, by striking ‘‘OBJECTIVES’’ and inserting ‘‘STRATEGY’’; 

(ii) by striking ‘‘It is the policy of’’ and all that 

follows through ‘‘objectives:’’ and inserting the following: ‘‘The Secretary of Defense shall develop a 

national security strategy for the national technology 

and industrial base. Such strategy shall be based on 

a prioritized assessment of risks and challenges to 

the defense supply chain and shall ensure that the 

national technology and industrial base is capable of 


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achieving the following national security objectives:’’; 

and 

(iii) by adding at the end the following new paragraphs: 

‘‘(9) Ensuring reliable sources of materials that are critical 

to national security, such as specialty metals, essential minerals, armor plate, and rare earth elements. 

‘‘(10) Reducing, to the maximum extent practicable, the 

presence of counterfeit parts in the supply chain and the risk 

associated with such parts.’’. 

(2) CLERICAL AMENDMENT.—The item relating to section 

2501 in the table of sections at the beginning of subchapter 

II of chapter 148 of such title is amended to read as follows: 

‘‘2501. National security strategy for national technology and industrial base.’’. 

(b) AMENDMENT TO ANNUAL REPORT RELATING TO DEFENSE

INDUSTRIAL BASE.—Section 2504 of such title is amended— 

(1) by striking paragraph (2); 

(2) by redesignating paragraph (3) as paragraph (2); and 

(3) by inserting after paragraph (2) (as so redesignated) 

the following new paragraph (3): 

‘‘(3) Based on the strategy required by section 2501 of 

this title and on the assessments prepared pursuant to section 

2505 of this title— 

‘‘(A) a description of any mitigation strategies necessary to address any gaps or vulnerabilities in the national 

technology and industrial base; and 

‘‘(B) any other steps necessary to foster and safeguard 

the national technology and industrial base.’’. 

(c) REQUIREMENT FOR CONSIDERATION OF STRATEGY IN ACQUISI- TION PLANS.—Section 2440 of such title is amended by inserting 

after ‘‘base’’ the following: ‘‘, in accordance with the strategy 

required by section 2501 of this title,’’. 

(d) CONFORMING AMENDMENTS.—Section 852 of the National 

Defense Authorization Act for Fiscal Year 2012 (Public Law 112– 

81; 125 Stat. 1517; 10 U.S.C. 2504 note) is amended— 

(1) by striking subsection (c); and 

(2) by redesignating subsection (d) as subsection (c), and 

in that subsection by striking ‘‘subsection (c).’’ in the first 

sentence and inserting ‘‘section 2501 of title 10, United States 

Code.’’. 

Subtitle B—Department of Defense Activities Related to Small Business Matters 

SEC. 1611. ROLE OF THE DIRECTORS OF SMALL BUSINESS PROGRAMS 

IN ACQUISITION PROCESSES OF THE DEPARTMENT OF 

DEFENSE. 

(a) GUIDANCE REQUIRED.—The Secretary of Defense shall 

develop and issue guidance to ensure that the head of each Office 

of Small Business Programs of the Department of Defense is a 

participant as early as practicable in the acquisition processes— 

(1) of the Department, in the case of the Director of Small 

Business Programs in the Department of Defense; and 

(2) of the military department concerned, in the case of 

the Director of Small Business Programs in the Department 

10 USC 144 note. 

10 USC 

prec. 2501. 


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of the Army, in the Department of the Navy, and in the Department of the Air Force. 

(b) MATTERS TO BE INCLUDED.—Such guidance shall, at a minimum— 

(1) require the Director of Small Business Programs in 

the Department of Defense— 

(A) to provide advice to the Defense Acquisition Board; 

and 

(B) to provide advice to the Information Technology 

Acquisition Board; and 

(2) require coordination between the chiefs of staff of the 

Armed Forces and the service acquisition executives, as appropriate (or their designees), and the Director of Small Business 

Programs in each military department as early as practical 

in the relevant acquisition processes. 

SEC. 1612. SMALL BUSINESS OMBUDSMAN FOR DEFENSE AUDIT AGENCIES. 

(a) SMALL BUSINESS OMBUDSMAN.—Subchapter II of chapter 

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

end the following new section: 

‘‘§ 204. Small Business Ombudsman for defense audit agencies 

‘‘(a) SMALL BUSINESS OMBUDSMAN.—The Secretary of Defense 

shall designate within each defense audit agency an official as 

the Small Business Ombudsman to have the duties described in 

subsection (b) and such other responsibilities as may be determined 

by the Secretary. 

‘‘(b) DUTIES.—The Small Business Ombudsman of a defense 

audit agency shall— 

‘‘(1) advise the Director of the defense audit agency on 

policy issues related to small business concerns; 

‘‘(2) serve as the defense audit agency’s primary point of 

contact and source of information for small business concerns; 

‘‘(3) collect and monitor relevant data regarding the defense 

audit agency’s conduct of audits of small business concerns, 

including— 

‘‘(A) data regarding the timeliness of audit closeouts 

for small business concerns; and 

‘‘(B) data regarding the responsiveness of the defense 

audit agency to issues or other matters raised by small 

business concerns; and 

‘‘(4) make recommendations to the Director regarding policies, processes, and procedures related to the timeliness of 

audits of small business concerns and the responsiveness of 

the defense audit agency to issues or other matters raised 

by small business concerns. 

‘‘(c) AUDIT INDEPENDENCE.—The Small Business Ombudsman 

of a defense audit agency shall be segregated from ongoing audits 

in the field and shall not engage in activities with regard to particular audits that could compromise the independence of the 

defense audit agency or undermine compliance with applicable audit 

standards. 

‘‘(d) DEFENSE AUDIT AGENCY DEFINED.—In this section, the 

term ‘defense audit agency’ means the Defense Contract Audit 

Agency and the Defense Contract Management Agency.’’. 

Designation. 

10 USC 204. 


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(b) CLERICAL AMENDMENT.—The table of sections at the beginning of subchapter II of chapter 8 of such title is amended by 

inserting after the item relating to section 203 the following new 

item: 

‘‘204. Small Business Ombudsman for defense audit agencies.’’. 

SEC. 1613. INDEPENDENT ASSESSMENT OF FEDERAL PROCUREMENT 

CONTRACTING PERFORMANCE OF THE DEPARTMENT OF 

DEFENSE. 

(a) ASSESSMENT REQUIRED.—Not later than 60 days after the 

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

select an appropriate entity to conduct an independent assessment 

of the procurement performance of the Department of Defense 

related to small business concerns. 

(b) MATTERS COVERED.—The assessment under subsection (a) 

shall, at a minimum, include an examination of— 

(1) the industrial composition of companies receiving subcontracts pursuant to the test program for the negotiation 

of comprehensive small business subcontracting plans pursuant 

to section 834 of the National Defense Authorization Act for 

Fiscal Years 1990 and 1991 (Public Law 101–189; 15 U.S.C. 

637 note), compared to the industrial composition of other contractors in the defense industrial base; 

(2) the quality and reliability of data on small business 

prime contracting and subcontracting by the Department, and 

the reliability of the information technology systems that the 

Department uses to track such data; 

(3) the negotiation and execution of small business subcontracting plans, and the degree to which proposed teaming agreements are or are not maintained through the performance 

of contracts; 

(4) the extent to which the Department adheres to current 

policies and guidelines relating to small business prime contracting and subcontracting goals; 

(5) the extent to which the Department bundles, consolidates, or otherwise groups requirements into contracts that 

are unsuitable for award to small business concerns, the extent 

to which such bundling, consolidation, or grouping of requirements is justified, and the effects that such practices have 

on small business participation in contracting opportunities 

with the Department; 

(6) the degree to which abuses of small business contracting 

and subcontracting programs result in contracts and subcontracts intended for small business concerns not being 

awarded to small business concerns; and 

(7) an examination of the transition challenges faced by 

businesses that graduate from small business programs or grow 

to exceed the size standards for participation in such programs, 

along with specific recommendations on steps that should be 

taken to help ensure the continued health and growth of such 

businesses. 

(c) REPORT.—Not later than January 1, 2014, the Secretary 

of Defense shall submit to the congressional defense committees 

a report on the independent assessment conducted under this section. The report shall include the findings and recommendations 

of the assessment, together with any recommendations that the 

Secretary may have for improving the Department’s small business 

Deadline. 

10 USC 

prec. 201. 


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contracting practices and addressing any shortcomings identified 

by the assessment. 

SEC. 1614. ADDITIONAL RESPONSIBILITIES OF INSPECTOR GENERAL 

OF THE DEPARTMENT OF DEFENSE. 

(a) REQUIREMENT FOR EXTERNAL PEER REVIEWS.—Section 8(c) 

of the Inspector General Act of 1978 (5 U.S.C. App.) is amended— 

(1) by striking ‘‘and’’ at the end of paragraph (8); 

(2) by striking the period and inserting ‘‘; and’’ at the 

end of paragraph (9); and 

(3) by adding at the end the following new paragraph: 

‘‘(10) conduct, or approve arrangements for the conduct 

of, external peer reviews of Department of Defense audit agencies in accordance with and in such frequency as provided 

by Government auditing standards as established by the Comptroller General of the United States.’’. 

(b) REQUIREMENT FOR ADDITIONAL INFORMATION IN SEMI- ANNUAL REPORTS.—Section 8(f) of such Act is amended by striking 

paragraph (1) and inserting the following: 

‘‘(1) Each semiannual report prepared by the Inspector General 

of the Department of Defense under section 5(a) shall be transmitted 

by the Secretary of Defense to the Committees on Armed Services 

and on Homeland Security and Governmental Affairs of the Senate 

and the Committees on Armed Services and on Oversight and 

Government Reform of the House of Representatives and to other 

appropriate committees or subcommittees of Congress. Each such 

report shall include— 

‘‘(A) information concerning the numbers and types of contract audits conducted by the Department during the reporting 

period; and 

‘‘(B) information concerning any Department of Defense 

audit agency that, during the reporting period, has either 

received a failed opinion from an external peer review or is 

overdue for an external peer review required to be conducted 

in accordance with subsection (c)(10).’’. 

SEC. 1615. RESTORATION OF 1 PERCENT FUNDING FOR ADMINISTRATIVE EXPENSES OF COMMERCIALIZATION READINESS 

PROGRAM OF DEPARTMENT OF DEFENSE. 

(a) RESTORATION.—Section 9(y) of the Small Business Act (15 

U.S.C. 638(y)), as amended by section 5141(b)(1)(B) of the National 

Defense Authorization Act for Fiscal Year 2012 (Public Law 112– 

81; 125 Stat. 1853) is amended— 

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

(5) and (6), respectively; and 

(2) by inserting after paragraph (3) the following new paragraph (4): 

‘‘(4) FUNDING.—For payment of expenses incurred to administer the Commercialization Readiness Program under this subsection, the Secretary of Defense and each Secretary of a military department is authorized to use not more than an amount 

equal to 1 percent of the funds available to the Department 

of Defense or the military department pursuant to the Small 

Business Innovation Research Program. Such funds shall not 

be used to make Phase III awards.’’. 

(b) TECHNICAL AMENDMENT.—Section 5141(b)(3)(B) of the 

National Defense Authorization Act for Fiscal Year 2012 (Public 

Law 112–81; 125 Stat. 1854) is amended by striking ‘‘subsection 

5 USC app. 8. 


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PUBLIC LAW 112–239—JAN. 2, 2013 126 STAT. 2067 

(y)—’’ and all that follows through ‘‘the following:’’ and inserting 

‘‘subsection (y), by amending paragraph (4) to read as follows:’’. 

(c) EFFECTIVE DATE.—The amendments made by this section 

shall take effect as of January 1, 2012. 

Subtitle C—Matters Relating to Small 

Business Concerns 

PART I—PROCUREMENT CENTER 

REPRESENTATIVES 

SEC. 1621. PROCUREMENT CENTER REPRESENTATIVES. 

(a) IN GENERAL.—Section 15(l) of the Small Business Act (15 

U.S.C. 644(l)) is amended by striking the subsection enumerator 

and inserting the following: 

‘‘(l) PROCUREMENT CENTER REPRESENTATIVES.—’’. 

(b) ASSIGNMENT AND ROLE.—Paragraph (1) of section 15(l) of 

such Act (15 U.S.C. 644(l)) is amended to read as follows: 

‘‘(1) ASSIGNMENT AND ROLE.—The Administrator shall 

assign to each major procurement center a procurement center 

representative with such assistance as may be appropriate.’’. 

(c) ACTIVITIES.—Section 15(l)(2) of such Act (15 U.S.C. 644(l)(2)) 

is amended— 

(1) in the matter preceding subparagraph (A), by striking 

‘‘(2) In addition to carrying out the responsibilities assigned 

by the Administration, a breakout’’ and inserting the following: 

‘‘(2) ACTIVITIES.—A’’; 

(2) in subparagraph (B)— 

(A) by striking ‘‘(B) review, at any time, restrictions 

on competition’’ and inserting the following: 

‘‘(B) review, at any time, barriers to small business 

participation in Federal contracting’’; 

(B) by striking ‘‘items’’ and inserting ‘‘goods and services’’; and 

(C) by striking ‘‘limitations’’ and inserting ‘‘barriers’’; 

(3) in subparagraph (C), by striking ‘‘(C) review restrictions 

on competition’’ and inserting the following: 

‘‘(C) review barriers to small business participation 

in Federal contracting’’; 

(4) by striking subparagraph (D) and inserting the following: 

‘‘(D) review any bundled or consolidated solicitation 

or contract in accordance with this Act;’’; 

(5) by striking subparagraph (E) and inserting the following: 

‘‘(E) have access to procurement records and other 

data of the procurement center commensurate with the 

level of such representative’s approved security clearance 

classification, with such data provided upon request in 

electronic format, when available;’’; and 

(6) by striking subparagraphs (F) and (G) and inserting 

the following: 

‘‘(F) receive unsolicited proposals from small business 

concerns and transmit such proposals to personnel of the 

activity responsible for reviewing such proposals, who shall 

15 USC 638 note. 


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furnish the procurement center representative with 

information regarding the disposition of any such proposal; 

‘‘(G) consult with the Director the Office of Small and 

Disadvantaged Business Utilization of that agency and the 

agency personnel described in paragraph (7) and (8) of 

subsection (k) with regard to agency insourcing decisions 

covered by subsection (k)(11); 

‘‘(H) be an advocate for the maximum practicable utilization of small business concerns in Federal contracting, 

including by advocating against the consolidation or bundling of contract requirements when not justified; and 

‘‘(I) carry out any other responsibility assigned by the 

Administrator.’’. 

(d) APPEALS.—Section 15(l)(3) of such Act (15 U.S.C. 644(l)(3)) 

is amended by striking ‘‘(3) A breakout procurement center representative’’ and inserting the following: 

‘‘(3) APPEALS.—A procurement center representative’’. 

(e) ASSIGNMENT TO MAJOR PROCUREMENT CENTERS.—Paragraph (4) of section 15(l) of such Act (15 U.S.C. 644(l)) is amended 

by striking ‘‘breakout procurement center representative’’ and 

inserting ‘‘procurement center representative’’. 

(f) POSITION REQUIREMENTS.—Section 15(l)(5) of such Act (15 

U.S.C. 644(l)(5)) is amended— 

(1) by striking the paragraph enumerator and inserting 

the following: 

‘‘(5) POSITION REQUIREMENTS.—’’; 

(2) by striking subparagraphs (A) and (B) and inserting 

the following: 

‘‘(A) IN GENERAL.—A procurement center representative assigned under this subsection shall— 

‘‘(i) be a full-time employee of the Administration; 

‘‘(ii) be fully qualified, technically trained, and 

familiar with the goods and services procured by the 

major procurement center to which that representative 

is assigned; and 

‘‘(iii) have a Level III Federal Acquisition Certification in Contracting (or any successor certification) 

or the equivalent Department of Defense certification, 

except that any person serving in such a position on 

the date of enactment of this clause may continue 

to serve in that position for a period of 5 years without 

the required certification.’’; and 

(3) in subparagraph (C) by striking ‘‘(C) The Administration 

shall establish personnel positions for breakout procurement 

representatives and advisers assigned pursuant to’’ and 

inserting the following: 

‘‘(B) COMPENSATION.—The Administrator shall establish personnel positions for procurement center representatives assigned under’’. 

(g) MAJOR PROCUREMENT CENTER DEFINED.—Section 15(l)(6) 

of such Act (15 U.S.C. 644(l)(6)) is amended— 

(1) by striking ‘‘(6) For purposes’’ and inserting the following: 

‘‘(6) MAJOR PROCUREMENT CENTER DEFINED.—For purposes’’; and 

(2) by striking ‘‘other than commercial items and which 

has the potential to incur significant savings as the result 


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of the placement of a breakout procurement center representative’’ and inserting ‘‘goods or services, including goods or services that are commercially available’’. 

(h) TRAINING.—Section 15(l)(7) of such Act (15 U.S.C. 644(l)(7)) 

is amended— 

(1) by striking the paragraph enumerator and inserting 

the following: 

‘‘(7) TRAINING.—’’; 

(2) in subparagraph (A) by striking ‘‘(A) At such times’’ 

and inserting the following: 

‘‘(A) AUTHORIZATION.—At such times’’. 

(3) in subparagraph (B)— 

(A) by striking ‘‘(B) The breakout procurement center 

representative’’ and inserting the following: 

‘‘(8) ANNUAL BRIEFING AND REPORT.—A procurement center 

representative’’; and 

(B) by striking ‘‘sixty’’ and inserting ‘‘60’’; and 

(4) by inserting after subparagraph (A) the following: 

‘‘(B) LIMITATION.—A procurement center representative 

may provide training under subparagraph (A) only to the 

extent that the training does not interfere with the representative carrying out other activities under this subsection.’’. 

SEC. 1622. SMALL BUSINESS ACT CONTRACTING REQUIREMENTS 

TRAINING. 

(a) ESTABLISHMENT.—Not later than 1 year after the date of 

enactment of this part, the Defense Acquisition University and 

the Federal Acquisition Institute shall each provide a course on 

contracting requirements under the Small Business Act, including 

the requirements for small business concerns owned and controlled 

by service-disabled veterans, qualified HUBZone small business 

concerns, small business concerns owned and controlled by socially 

and economically disadvantaged individuals, and small business 

concerns owned and controlled by women. 

(b) COURSE REQUIRED.—To have a Federal Acquisition Certification in Contracting (or any successor certification) or the equivalent Department of Defense certification an individual shall be 

required to complete the course established under subsection (a). 

(c) REQUIREMENT THAT BUSINESS OPPORTUNITY SPECIALISTS

BE CERTIFIED.—Section 7(j)(10)(D)(i) of the Small Business Act 

(15 U.S.C. 636(j)(10)(D)(i)) is amended by inserting after ‘‘to assist 

such Program Participant.’’ the following: ‘‘The Business Opportunity Specialist shall have a Level I Federal Acquisition Certification in Contracting (or any successor certification) or the equivalent Department of Defense certification, except that a Business 

Opportunity Specialist serving at the time of the date of enactment 

of the National Defense Authorization Act for Fiscal Year 2013 

may continue to serve as a Business Opportunity Specialist for 

a period of 5 years beginning on that date of enactment without 

such a certification.’’. 

SEC. 1623. ACQUISITION PLANNING. 

Section 15(e)(1) of the Small Business Act (15 U.S.C. 644(e)(1)) 

is amended— 

(1) by striking ‘‘the various agencies’’ and inserting ‘‘a 

Federal department or agency’’; and 

Time period. 

15 USC 631 note. 

Deadline. 

15 USC 631 note. 


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(2) by striking the period and inserting ‘‘, and each such 

Federal department or agency shall— 

‘‘(A) provide opportunities for the participation of small 

business concerns during acquisition planning processes 

and in acquisition plans; and 

‘‘(B) invite the participation of the appropriate Director 

of Small and Disadvantaged Business Utilization in 

acquisition planning processes and provide that Director 

access to acquisition plans.’’. 

PART II—GOALS FOR PROCUREMENT CONTRACTS AWARDED TO SMALL BUSINESS 

CONCERNS 

SEC. 1631. GOALS FOR PROCUREMENT CONTRACTS AWARDED TO 

SMALL BUSINESS CONCERNS. 

(a) GOVERNMENTWIDE GOALS.—Paragraph (1) of section 15(g) 

of the Small Business Act (15 U.S.C. 644(g)) is amended to read 

as follows: 

‘‘(1) GOVERNMENTWIDE GOALS.— 

‘‘(A) ESTABLISHMENT.—The President shall annually 

establish Governmentwide goals for procurement contracts 

awarded to small business concerns, small business concerns owned and controlled by service-disabled veterans, 

qualified HUBZone small business concerns, small business 

concerns owned and controlled by socially and economically 

disadvantaged individuals, and small business concerns 

owned and controlled by women in accordance with the 

following: 

‘‘(i) The Governmentwide goal for participation by 

small business concerns shall be established at not 

less than 23 percent of the total value of all prime 

contract awards for each fiscal year. 

‘‘(ii) The Governmentwide goal for participation 

by small business concerns owned and controlled by 

service-disabled veterans shall be established at not 

less than 3 percent of the total value of all prime 

contract and subcontract awards for each fiscal year. 

‘‘(iii) The Governmentwide goal for participation 

by qualified HUBZone small business concerns shall 

be established at not less than 3 percent of the total 

value of all prime contract and subcontract awards 

for each fiscal year. 

‘‘(iv) The Governmentwide goal for participation 

by small business concerns owned and controlled by 

socially and economically disadvantaged individuals 

shall be established at not less than 5 percent of the 

total value of all prime contract and subcontract 

awards for each fiscal year. 

‘‘(v) The Governmentwide goal for participation by 

small business concerns owned and controlled by 

women shall be established at not less than 5 percent 

of the total value of all prime contract and subcontract 

awards for each fiscal year. 

‘‘(B) ACHIEVEMENT OF GOVERNMENTWIDE GOALS.—Each 

agency shall have an annual goal that presents, for that 

President. 

Deadline. 


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agency, the maximum practicable opportunity for small 

business concerns, small business concerns owned and controlled by service-disabled veterans, qualified HUBZone 

small business concerns, small business concerns owned 

and controlled by socially and economically disadvantaged 

individuals, and small business concerns owned and controlled by women to participate in the performance of contracts let by such agency. The Small Business Administration and the Administrator for Federal Procurement Policy 

shall, when exercising their authority pursuant to paragraph (2), insure that the cumulative annual prime contract 

goals for all agencies meet or exceed the annual 

Governmentwide prime contract goal established by the 

President pursuant to this paragraph.’’. 

(b) AMENDMENTS TO THE SMALL BUSINESS ACT.—Paragraph 

(2) of section 15(g) of the Small Business Act (15 U.S.C. 644(g)) 

is amended— 

(1) in subparagraph (A), by adding at the end the following: 

‘‘Such goals shall separately address prime contract awards 

and subcontract awards for each category of small business 

covered.’’; 

(2) in subparagraph (D), by striking ‘‘For the purpose of 

establishing goals under this subsection’’ and all that follows 

through the end of that subparagraph, and inserting the following: ‘‘After establishing goals under this paragraph for a 

fiscal year, the head of each Federal agency shall develop 

a plan for achieving such goals at both the prime contract 

and the subcontract level, which shall apportion responsibilities 

among the agency’s acquisition executives and officials. In 

establishing goals under this paragraph, the head of each Federal agency shall make a consistent effort to annually expand 

participation by small business concerns from each industry 

category in procurement contracts and subcontracts of such 

agency, including participation by small business concerns 

owned and controlled by service-disabled veterans, qualified 

HUBZone small business concerns, small business concerns 

owned and controlled by socially and economically disadvantaged individuals, and small business concerns owned and controlled by women.’’; and 

(3) by striking subparagraphs (E) and (F) and inserting 

the following: 

‘‘(E) The head of each Federal agency, in attempting 

to attain expanded participation under subparagraph (D), 

shall consider— 

‘‘(i) contracts awarded as the result of unrestricted 

competition; and 

‘‘(ii) contracts awarded after competition restricted 

to eligible small business concerns under this section 

and under the program established under section 8(a). 

‘‘(F)(i) Each procurement employee or program manager described in clause (ii) shall communicate to the 

subordinates of the procurement employee or program manager the importance of achieving goals established under 

subparagraph (A). 

‘‘(ii) A procurement employee or program manager 

described in this clause is a senior procurement executive, 

Plans. 


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126 STAT. 2072 PUBLIC LAW 112–239—JAN. 2, 2013 

senior program manager, or Director of Small and Disadvantaged Business Utilization of a Federal agency having 

contracting authority.’’. 

(c) ADDITIONAL REQUIREMENTS.—Not later than 180 days after 

the date of the enactment of this part, the Administrator of the 

Small Business Administration shall review and revise the Goaling 

Guidelines for the Small Business Preference Programs for Prime 

and Subcontract Federal Procurement Goals and Achievements to 

the extent necessary to ensure that— 

(1) agency subcontracting goals are established on the basis 

of realistically achievable improvements to levels of subcontracting rather than on the basis of an average of previous 

years’ subcontracting performance; 

(2) agency contracting and subcontracting goals are established in a manner that does not exclude categories of contracts 

on the basis of— 

(A) the type of goods or services for which the agency 

contracts; 

(B) in the case of contracts subject to competitive procedures under chapter 33 of title 41, United States Code— 

(i) whether or not funding for the contracts is 

made directly available to the agency by an Appropriations Act or is made available by reimbursement from 

another agency or account; or 

(ii) whether or not the contract is subject to the 

Federal Acquisition Regulation; and 

(3) whenever an agency contracting or subcontracting goal 

is established at a level lower than the Governmentwide goal 

for small business concerns or the relevant category of small 

business concerns, the Administration is required to document 

the basis for the decision to establish such lower goal. 

(d) ASSESSMENT REQUIRED.—Not later than 60 days after the 

date of the enactment of this part, the Chief Counsel for Advocacy 

of the Small Business Administration shall enter into a contract 

with an appropriate entity to conduct an independent assessment 

of the small business procurement goals established in section 15(g) 

of the Small Business Act. 

(1) COORDINATION WITH DEPARTMENT OF DEFENSE.—To the 

extent practicable, the Administrator shall coordinate this 

assessment with the Secretary of Defense, to avoid unnecessary 

duplication with the assessment required by section 1613 of 

this title. 

(2) MATTERS COVERED.—The assessment under this subsection shall, at a minimum, include— 

(A) a description of the industrial composition of 

companies receiving prime contracts and subcontracts with 

the Federal Government; 

(B) a description of the industrial composition of 

domestic small business concerns, small business concerns 

owned and controlled by service-disabled veterans, qualified 

HUBZone small business concerns, small business concerns 

owned and controlled by socially and economically disadvantaged individuals, and small business concerns owned 

and controlled by women; 

(C) a comparison of the industrial composition of prime 

contractors and subcontractors participating in Federal contracting and the industrial composition of domestic small 

Deadline. 

Deadline. 

Review. 

Revision. 

15 USC 644 note. 


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PUBLIC LAW 112–239—JAN. 2, 2013 126 STAT. 2073 

business concerns, small business concerns owned and controlled by service-disabled veterans, qualified HUBZone 

small business concerns, small business concerns owned 

and controlled by socially and economically disadvantaged 

individuals, and small business concerns owned and controlled by women; 

(D) a determination of barriers to accurately capturing 

data on small business prime contracting and subcontracting, including an examination of the reliability of 

information technology systems used by more than one 

Federal agency to track such data; 

(E) recommendations for improving the quality and 

availability of data regarding small business prime contracting and subcontracting performance; 

(F) recommendations to improve and inform the 

establishment of the goals in section 15(g) of the Small 

Business Act, including: 

(i) alternate methodologies for establishing the 

goals; 

(ii) determining which contracts should be subject 

to the goals; 

(iii) methods for improving the correlation of current goaling practices with the health of the industrial 

base; and 

(iv) methods of allocating goals between Federal 

agencies; and 

(G) barriers within Federal procurement practices that 

inhibit the maximum practicable utilization of domestic 

small business concerns, small business concerns owned 

and controlled by service-disabled veterans, qualified 

HUBZone small business concerns, small business concerns 

owned and controlled by socially and economically disadvantaged individuals, and small business concerns owned 

and controlled by women. 

SEC. 1632. REPORTING ON GOALS FOR PROCUREMENT CONTRACTS 

AWARDED TO SMALL BUSINESS CONCERNS. 

Subsection (h) of section 15 of the Small Business Act (15 

U.S.C. 644) is amended to read as follows: 

‘‘(h) REPORTING ON GOALS FOR PROCUREMENT CONTRACTS

AWARDED TO SMALL BUSINESS CONCERNS.— 

‘‘(1) AGENCY REPORTS.—At the conclusion of each fiscal 

year, the head of each Federal agency shall submit to the 

Administrator a report describing— 

‘‘(A) the extent of the participation by small business 

concerns, small business concerns owned and controlled 

by veterans (including service-disabled veterans), qualified 

HUBZone small business concerns, small business concerns 

owned and controlled by socially and economically disadvantaged individuals, and small business concerns owned 

and controlled by women in the procurement contracts 

of such agency during such fiscal year; 

‘‘(B) whether the agency achieved the goals established 

for the agency under subsection (g)(2) with respect to such 

fiscal year; and 

‘‘(C) any justifications for a failure to achieve such 

goals. 


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126 STAT. 2074 PUBLIC LAW 112–239—JAN. 2, 2013 

‘‘(2) REPORTS BY ADMINISTRATOR.—Not later than 60 days 

after receiving a report from each Federal agency under paragraph (1) with respect to a fiscal year, the Administrator shall 

submit to the President and Congress, and to make available 

on a public Web site, a report that includes— 

‘‘(A) a copy of each report submitted to the Administrator under paragraph (1); 

‘‘(B) a determination of whether each goal established 

by the President under subsection (g)(1) for such fiscal 

year was achieved; 

‘‘(C) a determination of whether each goal established 

by the head of a Federal agency under subsection (g)(2) 

for such fiscal year was achieved; 

‘‘(D) the reasons for any failure to achieve a goal established under paragraph (1) or (2) of subsection (g) for 

such fiscal year and a description of actions planned by 

the applicable agency to address such failure, including 

the Administrator’s comments and recommendations on the 

proposed remediation plan; and 

‘‘(E) for the Federal Government and each Federal 

agency, an analysis of the number and dollar amount of 

prime contracts awarded during such fiscal year to— 

‘‘(i) small business concerns— 

‘‘(I) in the aggregate; 

‘‘(II) through sole source contracts; 

‘‘(III) through competitions restricted to small 

business concerns; and 

‘‘(IV) through unrestricted competition; 

‘‘(ii) small business concerns owned and controlled 

by service-disabled veterans— 

‘‘(I) in the aggregate; 

‘‘(II) through sole source contracts; 

‘‘(III) through competitions restricted to small 

business concerns; 

‘‘(IV) through competitions restricted to small 

business concerns owned and controlled by servicedisabled veterans; and 

‘‘(V) through unrestricted competition; 

‘‘(iii) qualified HUBZone small business concerns— 

‘‘(I) in the aggregate; 

‘‘(II) through sole source contracts; 

‘‘(III) through competitions restricted to small 

business concerns; 

‘‘(IV) through competitions restricted to qualified HUBZone small business concerns; 

‘‘(V) through unrestricted competition where 

a price evaluation preference was used; and 

‘‘(VI) through unrestricted competition where 

a price evaluation preference was not used; 

‘‘(iv) small business concerns owned and controlled 

by socially and economically disadvantaged individuals— 

‘‘(I) in the aggregate; 

‘‘(II) through sole source contracts; 

‘‘(III) through competitions restricted to small 

business concerns; 

Web posting. 


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PUBLIC LAW 112–239—JAN. 2, 2013 126 STAT. 2075 

‘‘(IV) through competitions restricted to small 

business concerns owned and controlled by socially 

and economically disadvantaged individuals; 

‘‘(V) through unrestricted competition; and 

‘‘(VI) by reason of that concern’s certification 

as a small business owned and controlled by 

socially and economically disadvantaged individuals; 

‘‘(v) small business concerns owned by an Indian 

tribe (as such term is defined in section 8(a)(13)) other 

than an Alaska Native Corporation— 

‘‘(I) in the aggregate; 

‘‘(II) through sole source contracts; 

‘‘(III) through competitions restricted to small 

business concerns; 

‘‘(IV) through competitions restricted to small 

business concerns owned and controlled by socially 

and economically disadvantaged individuals; and 

‘‘(V) through unrestricted competition; 

‘‘(vi) small business concerns owned by a Native 

Hawaiian Organization— 

‘‘(I) in the aggregate; 

‘‘(II) through sole source contracts; 

‘‘(III) through competitions restricted to small 

business concerns; 

‘‘(IV) through competitions restricted to small 

business concerns owned and controlled by socially 

and economically disadvantaged individuals; and 

‘‘(V) through unrestricted competition; 

‘‘(vii) small business concerns owned by an Alaska 

Native Corporation— 

‘‘(I) in the aggregate; 

‘‘(II) through sole source contracts; 

‘‘(III) through competitions restricted to small 

business concerns; 

‘‘(IV) through competitions restricted to small 

business concerns owned and controlled by socially 

and economically disadvantaged individuals; and 

‘‘(V) through unrestricted competition; and 

‘‘(viii) small business concerns owned and controlled by women— 

‘‘(I) in the aggregate; 

‘‘(II) through competitions restricted to small 

business concerns; 

‘‘(III) through competitions restricted using the 

authority under section 8(m)(2); 

‘‘(IV) through competitions restricted using the 

authority under section 8(m)(2) and in which the 

waiver authority under section 8(m)(3) was used; 

and 

‘‘(V) through unrestricted competition; and 

‘‘(F) for the Federal Government, the number, dollar 

amount, and distribution with respect to the North American Industry Classification System of subcontracts 

awarded during such fiscal year to small business concerns, 

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126 STAT. 2076 PUBLIC LAW 112–239—JAN. 2, 2013 

disabled veterans, qualified HUBZone small business concerns, small business concerns owned and controlled by 

socially and economically disadvantaged individuals, and 

small business concerns owned and controlled by women, 

provided that such information is publicly available 

through data systems developed pursuant to the Federal 

Funding Accountability and Transparency Act of 2006 

(Public Law 109–282), or otherwise available as provided 

in paragraph (3). 

‘‘(3) ACCESS TO DATA.— ‘‘(A) FEDERAL PROCUREMENT DATA SYSTEM.—To assist 

in the implementation of this section, the Administration 

shall have access to information collected through the Federal Procurement Data System, Federal Subcontracting 

Reporting System, or any new or successor system. 

‘‘(B) AGENCY PROCUREMENT DATA SOURCES.—To assist 

in the implementation of this section, the head of each 

contracting agency shall provide, upon request of the 

Administration, procurement information collected through 

agency data collection sources in existence at the time 

of the request. Contracting agencies shall not be required 

to establish new data collection systems to provide such 

data.’’. 

SEC. 1633. SENIOR EXECUTIVES. 

(a) TRAINING.—Programs established for the development of 

senior executives under section 3396(a) of title 5, United States 

Code, shall include training with respect to Federal procurement 

requirements, including contracting requirements under the Small 

Business Act (15 U.S.C. 631 et seq.). 

(b) RESPONSIBILITY FOR ACHIEVING SMALL BUSINESS GOALS.— 

The head of an agency shall take steps to ensure that members 

of the senior executive service, as defined under section 3396(a) 

of title 5, United States Code, responsible for acquisition, other 

senior officials responsible for acquisition, and other members of 

the senior executive service, as appropriate, assume responsibility 

for of the agency’s success in achieving small business contracting 

goals and percentages by— 

(1) promoting a climate or environment that is responsive 

to small business concerns; 

(2) communicating the importance of achieving the agency’s 

small business contracting goals; and 

(3) encouraging small business awareness, outreach, and 

support. 

(c) DEFINITIONS.—In this section the term ‘‘responsible for 

acquisition’’, with respect to a member of the senior executive 

service or other senior official, means such a member or official 

who acquires services or supplies, directs agency organizations to 

acquire services or supplies, oversees acquisition officials, including 

program managers, contracting officers, and other acquisition 

workforce personnel responsible for formulating and approving 

acquisition strategies and plans. 

PART III—MENTOR-PROTEGE PROGRAMS 

SEC. 1641. MENTOR-PROTEGE PROGRAMS. 

The Small Business Act (15 U.S.C. 631 et seq.) is amended— 

15 USC 631 note. 

15 USC 631 note. 

15 USC 631 note. 

5 USC 3396 note. 


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PUBLIC LAW 112–239—JAN. 2, 2013 126 STAT. 2077 

(1) by redesignating section 45 as section 47; and 

(2) by inserting after section 44 the following: 

‘‘SEC. 45. MENTOR-PROTEGE PROGRAMS. 

‘‘(a) ADMINISTRATION PROGRAM.— ‘‘(1) AUTHORITY.—The Administrator is authorized to establish a mentor-protege program for all small business concerns. 

‘‘(2) MODEL FOR PROGRAM.—The mentor-protege program 

established under paragraph (1) shall be identical to the 

mentor-protege program of the Administration for small business concerns that participate in the program under section 

8(a) (as in effect on the date of enactment of this section), 

except that the Administrator may modify the program to the 

extent necessary given the types of small business concerns 

included as proteges. 

‘‘(b) PROGRAMS OF OTHER AGENCIES.— ‘‘(1) APPROVAL REQUIRED.—Except as provided in paragraph 

(4), a Federal department or agency may not carry out a 

mentor-protege program for small business concerns unless— 

‘‘(A) the head of the department or agency submits 

a plan to the Administrator for the program; and 

‘‘(B) the Administrator approves such plan. 

‘‘(2) BASIS FOR APPROVAL.—The Administrator shall approve 

or disapprove a plan submitted under paragraph (1) based 

on whether the program proposed— 

‘‘(A) will assist proteges to compete for Federal prime 

contracts and subcontracts; and 

‘‘(B) complies with the regulations issued under paragraph (3). 

‘‘(3) REGULATIONS.—Not later than 270 days after the date 

of enactment of this section, the Administrator shall issue, 

subject to notice and comment, regulations with respect to 

mentor-protege programs, which shall ensure that such programs improve the ability of proteges to compete for Federal 

prime contracts and subcontracts and which shall address, 

at a minimum, the following: 

‘‘(A) Eligibility criteria for program participants, 

including any restrictions on the number of mentor-protege 

relationships permitted for each participant. 

‘‘(B) The types of developmental assistance to be provided by mentors, including how the assistance provided 

shall improve the competitive viability of the proteges. 

‘‘(C) Whether any developmental assistance provided 

by a mentor may affect the status of a program participant 

as a small business concern due to affiliation. 

‘‘(D) The length of mentor-protege relationships. 

‘‘(E) The effect of mentor-protege relationships on contracting. 

‘‘(F) Benefits that may accrue to a mentor as a result 

of program participation. 

‘‘(G) Reporting requirements during program participation. 

‘‘(H) Postparticipation reporting requirements. 

‘‘(I) The need for a mentor-protege pair, if accepted 

to participate as a pair in a mentor-protege program of 

any Federal department or agency, to be accepted to participate as a pair in all Federal mentor-protege programs. 

Deadline. 

Plans. 

15 USC 657r. 


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126 STAT. 2078 PUBLIC LAW 112–239—JAN. 2, 2013 

‘‘(J) Actions to be taken to ensure benefits for proteges 

and to protect a protege against actions by a mentor that— 

‘‘(i) may adversely affect the protege’s status as 

a small business concern; or 

‘‘(ii) provide disproportionate economic benefits to 

the mentor relative to those provided the protege. 

‘‘(4) LIMITATION ON APPLICABILITY.—Paragraph (1) does not 

apply to the following: 

‘‘(A) Any mentor-protege program of the Department 

of Defense. 

‘‘(B) Any mentoring assistance provided under a Small 

Business Innovation Research Program or a Small Business 

Technology Transfer Program. 

‘‘(C) Until the date that is 1 year after the date on 

which the Administrator issues regulations under paragraph (3), any Federal department or agency operating 

a mentor-protege program in effect on the date of enactment of this section. 

‘‘(c) REPORTING.— 

‘‘(1) IN GENERAL.—Not later than 2 years after the date 

of enactment of this section, and annually thereafter, the 

Administrator shall submit to the Committee on Small Business 

of the House of Representatives and the Committee on Small 

Business and Entrepreneurship of the Senate a report that— 

‘‘(A) identifies each Federal mentor-protege program; 

‘‘(B) specifies the number of participants in each such 

program, including the number of participants that are— 

‘‘(i) small business concerns; 

‘‘(ii) small business concerns owned and controlled 

by service-disabled veterans; 

‘‘(iii) qualified HUBZone small business concerns; 

‘‘(iv) small business concerns owned and controlled 

by socially and economically disadvantaged individuals; 

or 

‘‘(v) small business concerns owned and controlled 

by women; 

‘‘(C) describes the type of assistance provided to proteges under each such program; 

‘‘(D) describes the benefits provided to mentors under 

each such program; and 

‘‘(E) describes the progress of proteges under each such 

program with respect to competing for Federal prime contracts and subcontracts. 

‘‘(2) PROVISION OF INFORMATION.—The head of each Federal 

department or agency carrying out a mentor-protege program 

shall provide to the Administrator, on an annual basis, the 

information necessary for the Administrator to submit a report 

required under paragraph (1). 

‘‘(d) DEFINITIONS.—In this section, the following definitions 

apply: 

‘‘(1) MENTOR.—The term ‘mentor’ means a for-profit business concern, of any size, that— 

‘‘(A) has the ability to assist and commits to assisting 

a protege to compete for Federal prime contracts and subcontracts; and 

‘‘(B) satisfies any other requirements imposed by the 

Administrator. 

Time period. 


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‘‘(2) MENTOR-PROTEGE PROGRAM.—The term ‘mentor-protege program’ means a program that pairs a mentor with 

a protege for the purpose of assisting the protege to compete 

for Federal prime contracts and subcontracts. 

‘‘(3) PROTEGE.—The term ‘protege’ means a small business 

concern that— 

‘‘(A) is eligible to enter into Federal prime contracts 

and subcontracts; and 

‘‘(B) satisfies any other requirements imposed by the 

Administrator. 

‘‘(e) CURRENT MENTOR PROTEGE AGREEMENTS.—Mentors and 

proteges with approved agreement in a program operating pursuant 

to subsection (b)(4)(C) shall be permitted to continue their relationship according to the terms specified in their agreement until the 

expiration date specified in the agreement. 

‘‘(f) SUBMISSION OF AGENCY PLANS.—Agencies operating mentor 

protege programs pursuant to subsection (b)(4)(C) shall submit the 

plans specified in subsection (b)(1)(A) to the Administrator within 

6 months of the promulgation of rules required by subsection (b)(3). 

The Administrator shall provide initial comments on each plan 

within 60 days of receipt, and final approval or denial of each 

plan within 180 days after receipt.’’. 

PART IV—TRANSPARENCY IN 

SUBCONTRACTING 

SEC. 1651. LIMITATIONS ON SUBCONTRACTING. 

The Small Business Act (15 U.S.C. 631 et seq.) is amended 

by inserting before section 47 (as redesignated by section 1641 

of this subtitle) the following: 

‘‘SEC. 46. LIMITATIONS ON SUBCONTRACTING. 

‘‘(a) IN GENERAL.—If awarded a contract under section 8(a), 

8(m), 15(a), 31, or 36, a covered small business concern— 

‘‘(1) in the case of a contract for services, may not expend 

on subcontractors more than 50 percent of the amount paid 

to the concern under the contract; 

‘‘(2) in the case of a contract for supplies (other than 

from a regular dealer in such supplies), may not expend on 

subcontractors more than 50 percent of the amount, less the 

cost of materials, paid to the concern under the contract; 

‘‘(3) in the case of a contract described in paragraphs (1) 

and (2)— 

‘‘(A) shall determine for which category, services (as 

described in paragraph (1)) or supplies (as described in 

paragraph (2)), the greatest percentage of the contract is 

awarded; 

‘‘(B) shall determine the amount awarded under the 

contract for that category of services or supplies; and 

‘‘(C) may not expend on subcontractors, with respect 

to the amount determined under subparagraph (B), more 

than 50 percent of that amount; and 

‘‘(4) in the case of a contract for supplies from a regular 

dealer in such supplies, shall supply the product of a domestic 

small business manufacturer or processor, unless a waiver of 

such requirement is granted— 

Determinations. 

15 USC 657s. 

Deadlines. 


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126 STAT. 2080 PUBLIC LAW 112–239—JAN. 2, 2013 

‘‘(A) by the Administrator, after reviewing a determination by the applicable contracting officer that no small 

business manufacturer or processor can reasonably be 

expected to offer a product meeting the specifications 

(including period for performance) required by the contract; 

or 

‘‘(B) by the Administrator for a product (or class of 

products), after determining that no small business manufacturer or processor is available to participate in the Federal procurement market. 

‘‘(b) SIMILARLY SITUATED ENTITIES.—Contract amounts 

expended by a covered small business concern on a subcontractor 

that is a similarly situated entity shall not be considered subcontracted for purposes of determining whether the covered small 

business concern has violated a requirement established under subsection (a) or (d). 

‘‘(c) MODIFICATIONS OF PERCENTAGES.—The Administrator may 

change, by rule (after providing notice and an opportunity for public 

comment), a percentage specified in paragraphs (1) through (4) 

of subsection (a) if the Administrator determines that such change 

is necessary to reflect conventional industry practices among business concerns that are below the numerical size standard for 

businesses in that industry category. 

‘‘(d) OTHER CONTRACTS.— 

‘‘(1) IN GENERAL.—With respect to a category of contracts 

to which a requirement under subsection (a) does not apply, 

the Administrator is authorized to establish, by rule (after 

providing notice and an opportunity for public comment), a 

requirement that a covered small business concern may not 

expend on subcontractors more than a specified percentage 

of the amount paid to the concern under a contract in that 

category. 

‘‘(2) UNIFORMITY.—A requirement established under paragraph (1) shall apply to all covered small business concerns. 

‘‘(3) CONSTRUCTION PROJECTS.—The Administrator shall 

establish, through public rulemaking, requirements similar to 

those specified in paragraph (1) to be applicable to contracts 

for general and specialty construction and to contracts for any 

other industry category not otherwise subject to the requirements of such paragraph. The percentage applicable to any 

such requirement shall be determined in accordance with paragraph (1). 

‘‘(e) DEFINITIONS.—In this section, the following definitions 

apply: 

‘‘(1) COVERED SMALL BUSINESS CONCERN.—The term ‘covered small business concern’ means a business concern that— 

‘‘(A) with respect to a contract awarded under section 

8(a), is a small business concern eligible to receive contracts 

under that section; 

‘‘(B) with respect to a contract awarded under section 

8(m)— 

‘‘(i) is a small business concern owned and controlled by women (as defined in that section); or 

‘‘(ii) is a small business concern owned and controlled by women (as defined in that section) that 

is not less than 51 percent owned by 1 or more women 

Determination. 

Regulations. 

Requirements. 

Applicability. 

Applicability. 

Regulation. 

Notice. 

Public 

information. 

Regulations. 

Notice. 

Public 

information. 

Determination. 


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PUBLIC LAW 112–239—JAN. 2, 2013 126 STAT. 2081 

who are economically disadvantaged (and such ownership is determined without regard to any community 

property law); 

‘‘(C) with respect to a contract awarded under section 

15(a), is a small business concern; 

‘‘(D) with respect to a contract awarded under section 

31, is a qualified HUBZone small business concern; or 

‘‘(E) with respect to a contract awarded under section 

36, is a small business concern owned and controlled by 

service-disabled veterans. 

‘‘(2) SIMILARLY SITUATED ENTITY.—The term ‘similarly situated entity’ means a subcontractor that— 

‘‘(A) if a subcontractor for a small business concern, 

is a small business concern; 

‘‘(B) if a subcontractor for a small business concern 

eligible to receive contracts under section 8(a), is such 

a concern; 

‘‘(C) if a subcontractor for a small business concern 

owned and controlled by women (as defined in section 

8(m)), is such a concern; 

‘‘(D) if a subcontractor for a small business concern 

owned and controlled by women (as defined in section 

8(m)) that is not less than 51 percent owned by 1 or 

more women who are economically disadvantaged (and such 

ownership is determined without regard to any community 

property law), is such a concern; 

‘‘(E) if a subcontractor for a qualified HUBZone small 

business concern, is such a concern; or 

‘‘(F) if a subcontractor for a small business concern 

owned and controlled by service-disabled veterans, is such 

a concern.’’. 

SEC. 1652. PENALTIES. 

Section 16 of the Small Business Act (15 U.S.C. 645) is amended 

by adding at the end the following: 

‘‘(g) SUBCONTRACTING LIMITATIONS.— ‘‘(1) IN GENERAL.—Whoever violates a requirement established under section 46 shall be subject to the penalties prescribed in subsection (d), except that, for an entity that exceeded 

a limitation on subcontracting under such section, the fine 

described in subsection (d)(2)(A) shall be treated as the greater 

of— 

‘‘(A) $500,000; or 

‘‘(B) the dollar amount expended, in excess of permitted 

levels, by the entity on subcontractors. 

‘‘(2) MONITORING.—Not later than 1 year after the date 

of enactment of this subsection, the Administrator shall take 

such actions as are necessary to ensure that an existing Federal 

subcontracting reporting system is modified to notify the 

Administrator, the appropriate Director of the Office of Small 

and Disadvantaged Business Utilization, and the appropriate 

contracting officer if a requirement established under section 

46 is violated.’’. 

SEC. 1653. SUBCONTRACTING PLANS. 

(a) AMENDMENTS TO SMALL BUSINESS ACT REQUIREMENTS.— 

Section 8(d) of the Small Business Act (15 U.S.C. 637(d)) is amended 

by— 

Deadline. 


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126 STAT. 2082 PUBLIC LAW 112–239—JAN. 2, 2013 

(1) redesignating paragraphs (7), (8), (9), (10), (11), and 

(12) as paragraphs (8), (9), (10), (11), (12), and (13) respectively; 

(2) inserting after paragraph (6) the following: 

‘‘(7) The head of the contracting agency shall ensure that— 

‘‘(A) the agency collects and reports data on the extent 

to which contractors of the agency meet the goals and 

objectives set forth in subcontracting plans submitted 

pursuant to this subsection; and 

‘‘(B) the agency periodically reviews data collected and 

reported pursuant to subparagraph (A) for the purpose 

of ensuring that such contractors comply in good faith 

with the requirements of this subsection and subcontracting plans submitted by the contractors pursuant to 

this subsection.’’; 

(3) in paragraph (9), as redesignated by paragraph (1) 

of this subsection, striking ‘‘shall be a material breach of such 

contract or subcontract’’ and inserting ‘‘shall be a material 

breach of such contract or subcontract and may be considered 

in any past performance evaluation of the contractor’’; 

(4) in subparagraph (C) of paragraph (11), as redesignated 

by paragraph (1) of this subsection, by striking ‘‘, either on 

a contract-by-contract basis, or in the case contractors’’ and 

inserting ‘‘as a supplement to evaluations performed by the 

contracting agency, either on a contract-by-contract basis or, 

in the case of contractors’’; and 

(5) by adding at the end the following: 

‘‘(14) An offeror for a covered contract that intends to 

identify a small business concern as a potential subcontractor 

in a bid or proposal for the contract, or in a plan submitted 

pursuant to this subsection in connection with the contract, 

shall notify the small business concern prior to making such 

identification. 

‘‘(15) The Administrator shall establish a reporting mechanism that allows a subcontractor or potential subcontractor 

to report fraudulent activity or bad faith by a contractor with 

respect to a subcontracting plan submitted pursuant to this 

subsection.’’. 

(b) ADDITIONAL REQUIREMENTS.— 

(1) REPORTING REQUIREMENTS.—Not later than 1 year after 

the date of the enactment of this part, the Administrator of 

the Small Business Administration shall take such actions as 

are necessary to ensure that the electronic subcontracting 

reporting system established by the Administration to carry 

out the requirement of section 8(d)(6)(E) of the Small Business 

Act is modified to ensure that it can identify entities that 

fail to submit required reports. 

(2) ANNUAL REPORT.—Not later than March 31 of each 

year, the Administrator of the Small Business Administration 

shall provide the Committee on Small Business of the House 

of Representatives and the Committee on Small Business and 

Entrepreneurship of the Senate a report, based on data available through existing systems, that sets forth, by agency (and 

to the extent practicable, by type of goal or plan), the following 

information: 

(A) the percentage of entities required to submit 

reports pursuant to section 8(d)(6) of the Small Business 

15 USC 637d. 

Reports. 

Notification. 

Reviews. 

Reports. 


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PUBLIC LAW 112–239—JAN. 2, 2013 126 STAT. 2083 

Act that filed such reports and that failed to file such 

reports during the prior fiscal year; 

(B) the percentage of entities filing such reports that 

met, exceeded, or failed to meet goals set forth in their 

subcontracting plans during the prior fiscal year; and 

(C) the aggregate value by which such entities 

exceeded, or failed to meet, their subcontracting goals 

during the prior fiscal year. 

SEC. 1654. NOTICES OF SUBCONTRACTING OPPORTUNITIES. 

Section 8(k)(1) of the Small Business Act (15 U.S.C. 637(k)(1)) 

is amended by striking ‘‘in the Commerce Business Daily’’ and 

inserting ‘‘on the appropriate Federal Web site (as determined 

by the Administrator)’’. 

SEC. 1655. PUBLICATION OF CERTAIN DOCUMENTS. 

Not later than 270 days after the date of the enactment of 

this part, the Director of the Office of Management and Budget 

shall publish procedures and methodologies to be used by Federal 

agencies with respect to decisions to convert a function being performed by a small business concern to performance by a Federal 

employee, including procedures and methodologies for determining 

which contracts will be studied for potential conversion; procedures 

and methodologies by which a contract is evaluated as inherently 

governmental or as a critical agency function; and procedures and 

methodologies for estimating and comparing costs. Should a Federal 

agency develop any agency-specific methodologies for identifying 

critical agency functions or supplemental implementation guidance, 

such methodologies and guidance shall be published upon 

implementation. 

PART V—SMALL BUSINESS CONCERN SIZE 

STANDARDS 

SEC. 1661. SMALL BUSINESS CONCERN SIZE STANDARDS. 

Section 3 of the Small Business Act (15 U.S.C. 632) is 

amended— 

(1) by striking ‘‘SEC. 3.’’ and inserting the following: 

‘‘SEC. 3. DEFINITIONS.’’; 

and 

(2) in subsection (a)— 

(A) by striking the subsection enumerator and inserting 

the following: 

‘‘(a) SMALL BUSINESS CONCERNS.—’’; 

(B) in paragraph (1), by striking ‘‘(1) For the purposes’’ 

and inserting the following: 

‘‘(1) IN GENERAL.—For the purposes’’; 

(C) in paragraph (3), by striking ‘‘(3) When establishing’’ and inserting the following: 

‘‘(3) VARIATION BY INDUSTRY AND CONSIDERATION OF OTHER

FACTORS.—When establishing’’; 

(D) by moving paragraph (5), including each subparagraph and clause therein, 2 ems to the right; and 

(E) by adding at the end the following: 

‘‘(6) PROPOSED RULEMAKING.—In conducting rulemaking to 

revise, modify or establish size standards pursuant to this 

Public 

information. 

Deadline. 

Procedures. 

31 USC 501 note. 


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126 STAT. 2084 PUBLIC LAW 112–239—JAN. 2, 2013 

section, the Administrator shall consider, and address, and 

make publicly available as part of the notice of proposed rulemaking and notice of final rule each of the following: 

‘‘(A) a detailed description of the industry for which 

the new size standard is proposed; 

‘‘(B) an analysis of the competitive environment for 

that industry; 

‘‘(C) the approach the Administrator used to develop 

the proposed standard including the source of all data 

used to develop the proposed rule making; and 

‘‘(D) the anticipated effect of the proposed rulemaking 

on the industry, including the number of concerns not 

currently considered small that would be considered small 

under the proposed rule making and the number of concerns currently considered small that would be deemed 

other than small under the proposed rulemaking. 

‘‘(7) COMMON SIZE STANDARDS.—In carrying out this subsection, the Administrator may establish or approve a single 

size standard for a grouping of 4-digit North American Industry 

Classification System codes only if the Administrator makes 

publicly available, not later than the date on which such size 

standard is established or approved, a justification demonstrating that such size standard is appropriate for each individual industry classification included in the grouping. 

‘‘(8) NUMBER OF SIZE STANDARDS.—The Administrator shall 

not limit the number of size standards established pursuant 

to paragraph (2), and shall assign the appropriate size standard 

to each North American Industry Classification System Code.’’. 

PART VI—CONTRACT BUNDLING 

SEC. 1671. CONTRACT BUNDLING. 

(a) CONSTRUCTION CONTRACTS.—Section 44 of the Small Business Act (15 U.S.C. 657q) is amended in subsection (a)(2) by striking 

‘‘or a multiple award contract to satisfy 2 or more requirements 

of the Federal agency for goods or services that have been provided 

to or performed for the Federal agency under 2 or more separate 

contracts lower in cost than the total cost of the contract for which 

the offers are solicited; and’’ and inserting the following: ‘‘or a 

multiple award contract— 

‘‘(A) to satisfy 2 or more requirements of the Federal 

agency for goods or services that have been provided to 

or performed for the Federal agency under 2 or more separate contracts lower in cost than the total cost of the 

contract for which the offers are solicited; or 

‘‘(B) to satisfy requirements of the Federal agency for 

construction projects to be performed at 2 or more discrete 

sites; and’’. 

(b) CLARIFICATION OF CERTAIN REQUIREMENTS.—Section 44 of 

such Act is further amended in subsection (c)(1)(E), by striking 

‘‘certifies to the head of the Federal agency’’ and inserting ‘‘ensures’’. 

(c) REPEAL OF SUPERSEDED LAW AND CONFORMING CHANGE.— 

(1) CONSOLIDATION OF CONTRACT REQUIREMENTS: POLICY

AND RESTRICTIONS.—Section 2382 of title 10, United States 

Code is repealed. The table of sections for chapter 141 of 

such title is amended by striking the item relating to section 

2382. 

10 USC 2381 

prec. 

Public 

information. 

Deadline. 


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PUBLIC LAW 112–239—JAN. 2, 2013 126 STAT. 2085 

(2) CONSOLIDATION OF CONTRACT REQUIREMENTS; DEPARTMENT OF DEFENSE.—Section 44 of the Small Business Act, as 

amended by subsections (a) and (b) of this section, is further 

amended in subsection (c) by striking paragraph (4). 

(d) COMPTROLLER GENERAL REVIEW.—Not later than 270 days 

after the date of the enactment of this subsection, the Comptroller 

General of the United States shall review data and information 

regarding consolidated contracts awarded by Federal agencies. The 

review shall include an assessment of— 

(1) the extent to which written determinations that the 

consolidation of contract requirements was necessary and justified meet the requirements of applicable provisions of law and 

regulation; 

(2) the amount of savings and benefits realized pursuant 

to such contracts, in comparison with— 

(A) the performance of similar requirements under previous contracts; and 

(B) the savings and benefits anticipated by the analysis 

required prior to the contract award pursuant to applicable 

provisions of law and regulation; 

(3) the extent to which the consolidation of contract requirements was consistent with the contracting agency’s small business subcontracting plans; and 

(4) the adequacy of data collected pursuant to section 15 

of the Small Business Act relating to contract bundling. 

PART VII—INCREASED PENALTIES FOR FRAUD 

SEC. 1681. SAFE HARBOR FOR GOOD FAITH COMPLIANCE EFFORTS. 

(a) SMALL BUSINESS FRAUD.—Section 16(d) of the Small Business Act (15 U.S.C. 645(d)) is amended by inserting after paragraph 

(2) the following: 

‘‘(3) LIMITATION ON LIABILITY.—This subsection shall not 

apply to any conduct in violation of subsection (a) if the defendant acted in good faith reliance on a written advisory opinion 

from a Small Business Development Center (as defined in this 

Act), or an entity participating in the Procurement Technical 

Assistance Cooperative Agreement Program defined in chapter 

142 of title 10, United States Code; however nothing in this 

Act shall obligate either entity to provide such a letter nor 

shall the provision of such a letter in any way render the 

providing entity liable to the business concern should the 

Administrator later determine that the concern is not a small 

business concern. Upon issuance of an advisory opinion under 

this paragraph, the entity issuing the advisory opinion shall 

remit a copy of the opinion to the General Counsel of the 

Administration, who may reject the advisory opinion. If the 

General Counsel of the Administration rejects the advisory 

opinion, the Administration shall notify the entity issuing the 

advisory opinion and the recipient of the opinion, after which 

time the business concern may not rely upon the opinion.’’. 

(b) REGULATIONS.—Not later than 270 days after the date of 

enactment of this part, the Administrator of the Small Business 

Administration shall issue rules defining what constitutes an adequate advisory opinion for purposes of section 16(d)(3) of the Small 

Business Act. 

15 USC 645 note. 

Notification. 

Advisory opinion. 

Records. 

Deadlines. 

Assessment. 

Deadline. 


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126 STAT. 2086 PUBLIC LAW 112–239—JAN. 2, 2013 

(c) SMALL BUSINESS COMPLIANCE GUIDE.—Not later than 270 

days after the date of enactment of this part, the Administrator 

of the Small Business Administration shall issue (pursuant to section 212 of the Small Business Regulatory Enforcement Fairness 

Act of 1996) a compliance guide to assist business concerns in 

accurately determining their status as a small business concern. 

SEC. 1682. REQUIREMENT THAT FRAUDULENT BUSINESSES BE SUSPENDED OR DEBARRED. 

(a) IN GENERAL.—Section 16(d)(2)(C) of the Small Business 

Act (15 U.S.C. 645(d)(2)(C)) is amended by striking ‘‘on the basis 

that such misrepresentation indicates a lack of business integrity 

that seriously and directly affects the present responsibility to 

perform any contract awarded by the Federal Government or a 

subcontract under such a contract’’. 

(b) DEVELOPMENT AND PROMULGATION OF GUIDANCE.—Not later 

than 270 days after the date of enactment of this part, the Administrator of the Small Business Administration shall develop and 

promulgate guidance implementing this section. 

(c) PUBLICATION OF PROCEDURES REGARDING SUSPENSION AND

DEBARMENT.—Not later than 270 days after the date of enactment 

of this part, the Administrator shall publish and maintain on the 

Administration’s Web site the current standard operating procedures of the Administration for suspension and debarment, and 

the name and contact information for the individual designated 

by the Administrator as the senior individual responsible for 

suspension and debarment proceedings. 

SEC. 1683. ANNUAL REPORT ON SUSPENSIONS AND DEBARMENTS PROPOSED BY SMALL BUSINESS ADMINISTRATION. 

(a) REPORT REQUIREMENT.—The Administrator of the Small 

Business Administration shall submit each year to the Committee 

on Small Business and Entrepreneurship of the Senate, and the 

Committee on Small Business of the House of Representatives 

a report on the suspension and debarment actions taken by the 

Administrator during the year preceding the year of submission 

of the report. 

(b) MATTERS COVERED.—The report required by subsection (a) 

shall include the following information for the year covered by 

the report: 

(1) NUMBER.—The number of contractors proposed for 

suspension or debarment. 

(2) SOURCE.—The office within a Federal agency that originated each proposal for suspension or debarment. 

(3) REASONS.—The reason for each proposal for suspension 

or debarment. 

(4) RESULTS.—The result of each proposal for suspension 

or debarment, and the reason for such result. 

(5) REFERRALS.—The number of suspensions or debarments 

referred to the Inspector General of the Small Business 

Administration or another agency, or to the Attorney General 

(for purposes of this paragraph, the Administrator may redact 

identifying information on names of companies or other 

information in order to protect the integrity of any ongoing 

criminal or civil investigation). 

15 USC 645a. 

Web posting. 

15 USC 645 note. 

15 USC 645 note. 

Deadlines. 

15 USC 632 note. 


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PUBLIC LAW 112–239—JAN. 2, 2013 126 STAT. 2087 

PART VIII—OFFICES OF SMALL AND 

DISADVANTAGED BUSINESS UNITS 

SEC. 1691. OFFICES OF SMALL AND DISADVANTAGED BUSINESS UTILIZATION. 

(a) APPOINTMENT AND POSITION OF DIRECTOR.—Section 15(k)(2) 

of the Small Business Act (15 U.S.C. 644(k)(2)) is amended by 

striking ‘‘such agency,’’ and inserting ‘‘such agency to a position 

that is a Senior Executive Service position (as such term is defined 

under section 3132(a) of title 5, United States Code), except that, 

for any agency in which the positions of Chief Acquisition Officer 

and senior procurement executive (as such terms are defined under 

section 44(a) of this Act) are not Senior Executive Service positions, 

the Director of Small and Disadvantaged Business Utilization may 

be appointed to a position compensated at not less than the minimum rate of basic pay payable for grade GS–15 of the General 

Schedule under section 5332 of such title (including comparability 

payments under section 5304 of such title);’’. 

(b) PERFORMANCE APPRAISALS.—Section 15(k)(3) of such Act 

(15 U.S.C. 644(k)(3)) is amended— 

(1) by striking ‘‘be responsible only to, and report directly 

to, the head’’ and inserting ‘‘shall be responsible only to 

(including with respect to performance appraisals), and report 

directly and exclusively to, the head’’; and 

(2) by striking ‘‘be responsible only to, and report directly 

to, such Secretary’’ and inserting ‘‘be responsible only to 

(including with respect to performance appraisals), and report 

directly and exclusively to, such Secretary’’. 

(c) ADDITIONAL REQUIREMENTS.—Section 15(k) of such Act (15 

U.S.C. 644(k)) is amended by inserting after paragraph (10) the 

following: 

‘‘(11) shall review and advise such agency on any decision 

to convert an activity performed by a small business concern 

to an activity performed by a Federal employee; 

‘‘(12) shall provide to the Chief Acquisition Officer and 

senior procurement executive of such agency advice and comments on acquisition strategies, market research, and justifications related to section 44 of this Act; 

‘‘(13) may provide training to small business concerns and 

contract specialists, except that such training may only be 

provided to the extent that the training does not interfere 

with the Director carrying out other responsibilities under this 

subsection; 

‘‘(14) shall receive unsolicited proposals and, when appropriate, forward such proposals to personnel of the activity 

responsible for reviewing such proposals; 

‘‘(15) shall carry out exclusively the duties enumerated 

in this Act, and shall, while the Director, not hold any other 

title, position, or responsibility, except as necessary to carry 

out responsibilities under this subsection; and 

‘‘(16) shall submit, each fiscal year, to the Committee on 

Small Business of the House of Representatives and the Committee on Small Business and Entrepreneurship of the Senate 

a report describing— 

‘‘(A) the training provided by the Director under paragraph (13) in the most recently completed fiscal year; 

Reports. 

Review. 


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126 STAT. 2088 PUBLIC LAW 112–239—JAN. 2, 2013 

‘‘(B) the percentage of the budget of the Director used 

for such training in the most recently completed fiscal 

year; and 

‘‘(C) the percentage of the budget of the Director used 

for travel in the most recently completed fiscal year.’’. 

(d) REQUIREMENT OF ACQUISITION EXPERIENCE FOR OSDBU 

DIRECTOR.—Section 15(k) of the Small Business Act (15 U.S.C. 

644(k)), as amended by this part, is further amended, in the matter 

preceding paragraph (1), by striking ‘‘who shall’’ and inserting the 

following: ‘‘, with experience serving in any combination of the 

following roles: program manager, deputy program manager, or 

assistant program manager for Federal acquisition program; chief 

engineer, systems engineer, assistant engineer, or product support 

manager for Federal acquisition program; Federal contracting 

officer; small business technical advisor; contracts administrator 

for Federal Government contracts; attorney specializing in Federal 

procurement law; small business liaison officer; officer or employee 

who managed Federal Government contracts for a small business; 

or individual whose primary responsibilities were for the functions 

and duties of section 8, 15 or 44 of this Act. Such officer or 

employee’’. 

(e) TECHNICAL AMENDMENTS.—Section 15(k) of such Act (15 

U.S.C. 644(k)), as amended, is further amended— 

(1) in paragraph (1)— 

(A) by striking ‘‘be known’’ and inserting ‘‘shall be 

known’’; and 

(B) by striking ‘‘such agency,’’ and inserting ‘‘such 

agency;’’; 

(2) in paragraph (2) by striking ‘‘be appointed by’’ and 

inserting ‘‘shall be appointed by’’; 

(3) in paragraph (3)— 

(A) by striking ‘‘director’’ and inserting ‘‘Director’’; and 

(B) by striking ‘‘Secretary’s designee,’’ and inserting 

‘‘Secretary’s designee;’’; 

(4) in paragraph (4)— 

(A) by striking ‘‘be responsible’’ and inserting ‘‘shall 

be responsible’’; and 

(B) by striking ‘‘such agency,’’ and inserting ‘‘such 

agency;’’; 

(5) in paragraph (5) by striking ‘‘identify proposed’’ and 

inserting ‘‘shall identify proposed’’; 

(6) in paragraph (6) by striking ‘‘assist small’’ and inserting 

‘‘shall assist small’’; 

(7) in paragraph (7)— 

(A) by striking ‘‘have supervisory’’ and inserting ‘‘shall 

have supervisory’’; and 

(B) by striking ‘‘this Act,’’ and inserting ‘‘this Act;’’; 

(8) in paragraph (8)— 

(A) in the matter preceding subparagraph (A), by 

striking ‘‘assign a’’ and inserting ‘‘shall assign a’’; and 

(B) in subparagraph (A), by striking ‘‘the activity, and’’ 

and inserting ‘‘the activity; and’’; 

(9) in paragraph (9)— 

(A) by striking ‘‘cooperate, and’’ and inserting ‘‘shall 

cooperate, and’’; and 

(B) by striking ‘‘subsection, and’’ and inserting ‘‘subsection;’’; and 


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PUBLIC LAW 112–239—JAN. 2, 2013 126 STAT. 2089 

(10) in paragraph (10)— 

(A) by striking ‘‘make recommendations’’ and inserting 

‘‘shall make recommendations’’; 

(B) by striking ‘‘subsection (a), or section’’ and inserting 

‘‘subsection (a), section’’; 

(C) by striking ‘‘Act or section 2323’’ and inserting 

‘‘Act, or section 2323’’; 

(D) by striking ‘‘Code. Such recommendations shall’’ 

and inserting ‘‘Code, which shall’’; and 

(E) by striking ‘‘contract file.’’ and inserting ‘‘contract 

file;’’. 

SEC. 1692. SMALL BUSINESS PROCUREMENT ADVISORY COUNCIL. 

(a) DUTIES.—Section 7104(b) of the Federal Acquisition Streamlining Act of 1994 (15 U.S.C. 644 note) is amended— 

(1) in paragraph (1) by striking ‘‘and’’ at the end; 

(2) in paragraph (2) by striking ‘‘authorities.’’ and inserting 

‘‘authorities;’’; and 

(3) by adding at the end the following: 

‘‘(3) to conduct reviews of each Office of Small and Disadvantaged Business Utilization established under section 15(k) 

of the Small Business Act (15 U.S.C. 644(k)) to determine 

the compliance of each Office with requirements under such 

section; 

‘‘(4) to identify best practices for maximizing small business 

utilization in Federal contracting that may be implemented 

by Federal agencies having procurement powers; and 

‘‘(5) to submit, annually, to the Committee on Small Business of the House of Representatives and the Committee on 

Small Business and Entrepreneurship of the Senate a report 

describing— 

‘‘(A) the comments submitted under paragraph (2) 

during the 1-year period ending on the date on which 

the report is submitted, including any outcomes related 

to the comments; 

‘‘(B) the results of reviews conducted under paragraph 

(3) during such 1-year period; and 

‘‘(C) best practices identified under paragraph (4) 

during such 1-year period.’’. 

(b) MEMBERSHIP.—Section 7104(c)(3) of such Act (15 U.S.C. 

644 note) is amended by striking ‘‘(established under section 15(k) 

of the Small Business Act (15 U.S.C. 644(k))’’. 

(c) CHAIRMAN.—Section 7104(d) of such Act (15 U.S.C. 644 

note) is amended by inserting after ‘‘Small Business Administration’’ 

the following: ‘‘(or the designee of the Administrator)’’. 

PART IX—OTHER MATTERS 

SEC. 1695. SURETY BONDS. 

(a) MAXIMUM BOND AMOUNT.—Section 411(a)(1) of the Small 

Business Investment Act of 1958 (15 U.S.C. 694b(a)(1)) is 

amended— 

(1) by inserting ‘‘(A)’’ after ‘‘(1)’’; 

(2) by striking ‘‘does not exceed’’ and all that follows 

through the period at the end, and inserting ‘‘does not exceed 

$6,500,000, as adjusted for inflation in accordance with section 

1908 of title 41, United States Code.’’; and 

Reports. 

Time periods. 

Reviews. 


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126 STAT. 2090 PUBLIC LAW 112–239—JAN. 2, 2013 

(3) by adding at the end the following: 

‘‘(B) The Administrator may guarantee a surety under subparagraph (A) for a total work order or contract amount that does 

not exceed $10,000,000, if a contracting officer of a Federal agency 

certifies that such a guarantee is necessary.’’. 

(b) DENIAL OF LIABILITY.—Section 411 of the Small Business 

Investment Act of 1958 (15 U.S.C. 694b) is amended— 

(1) by striking subsection (e) and inserting the following: 

‘‘(e) REIMBURSEMENT OF SURETY; CONDITIONS.—Pursuant to any 

such guarantee or agreement, the Administration shall reimburse 

the surety, as provided in subsection (c) of this section, except 

that the Administration shall be relieved of liability (in whole 

or in part within the discretion of the Administration) if— 

‘‘(1) the surety obtained such guarantee or agreement, or 

applied for such reimbursement, by fraud or material misrepresentation, 

‘‘(2) the total contract amount at the time of execution 

of the bond or bonds exceeds $6,500,000, 

‘‘(3) the surety has breached a material term or condition 

of such guarantee agreement, or 

‘‘(4) the surety has substantially violated the regulations 

promulgated by the Administration pursuant to subsection (d).’’; 

and 

(2) by inserting after subsection (i) the following: 

‘‘(j) For bonds made or executed with the prior approval of 

the Administration, the Administration shall not deny liability to 

a surety based upon material information that was provided as 

part of the guarantee application.’’. 

(c) SIZE STANDARDS.—Section 410 of the Small Business Investment Act of 1958 (15 U.S.C. 694a) is amended by inserting after 

paragraph (8) the following: 

‘‘(9) Notwithstanding any other provision of law or any rule, 

regulation, or order of the Administration, for purpose of sections 

410, 411, and 412 the term ‘small business concern’ means a business concern that meets the size standard for the primary industry 

in which such business concern, and the affiliates of such business 

concern, is engaged, as determined by the Administrator in accordance with the North American Industry Classification System.’’. 

SEC. 1696. CONFORMING AMENDMENTS; REPEAL OF REDUNDANT 

PROVISIONS; REGULATIONS. 

(a) TECHNICAL AMENDMENTS.—Section 15 of the Small Business 

Act (15 U.S.C. 644) is amended— 

(1) in the heading of subsection (p), to read as follows: 

‘‘ACCESS TO DATA.—’’; and 

(2) in the heading of subsection (q), to read as follows: 

‘‘REPORTS RELATED TO PROCUREMENT CENTER REPRESENTATIVES.—’’. 

(b) CONFORMING AMENDMENTS PERTAINING TO LIMITATIONS ON

SUBCONTRACTING.— 

(1) HUBZONES.—Section 3(p)(5) of the Small Business Act 

(15 U.S.C. 632(p)(5)) is amended— 

(A) in subparagraph (A)(i) by striking subclause (III) 

and inserting the following: 

‘‘(III) with respect to any subcontract entered 

into by the small business concern pursuant to 

a contract awarded to the small business concern 

Definition. 


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PUBLIC LAW 112–239—JAN. 2, 2013 126 STAT. 2091 

under section 31, the small business concern will 

ensure that the requirements of section 46 are 

satisfied; and’’; 

(B) by striking subparagraphs (B) and (C); and 

(C) by redesignating subparagraph (D) as subparagraph (B). 

(2) ENTITIES ELIGIBLE FOR CONTRACTS UNDER SECTION

8(a).—Section 8(a) of such Act (15 U.S.C. 637(a)) is amended 

by striking paragraph (14) and inserting the following: 

‘‘(14) LIMITATIONS ON SUBCONTRACTING.—A concern may 

not be awarded a contract under this subsection as a small 

business concern unless the concern agrees to satisfy the 

requirements of section 46.’’. 

(3) SMALL BUSINESS CONCERNS.—Section 15 of such Act 

(15 U.S.C. 644) is amended by striking subsection (o) and 

inserting the following: 

‘‘(o) LIMITATIONS ON SUBCONTRACTING.—A concern may not be 

awarded a contract under subsection (a) as a small business concern 

unless the concern agrees to satisfy the requirements of section 

46.’’. 

(c) REGULATIONS.—Not later than 180 days after the date of 

enactment of this part, the Administrator of the Small Business 

Administration shall issue guidance with respect to the changes 

made to the Small Business Act by the amendments in this subtitle, 

with opportunities for notice and comment. 

SEC. 1697. CONTRACTING WITH SMALL BUSINESS CONCERNS OWNED 

AND CONTROLLED BY WOMEN. 

(a) PROCUREMENT PROGRAM FOR WOMEN-OWNED SMALL BUSI- NESS CONCERNS.—Section 8(m)(2) of the Small Business Act (15 

U.S.C. 637(m)(2)) is amended— 

(1) by striking subparagraph (D); and 

(2) by redesignating subparagraphs (E) and (F) as subparagraphs (D) and (E), respectively. 

(b) STUDY AND REPORT ON REPRESENTATION OF WOMEN.—Section 29 of the Small Business Act (15 U.S.C. 656) is amended 

by adding at the end the following: 

‘‘(o) STUDY AND REPORT ON REPRESENTATION OF WOMEN.— ‘‘(1) STUDY.—The Administrator shall periodically conduct 

a study to identify industries, as defined under the North 

American Industry Classification System, underrepresented by 

small business concerns owned and controlled by women. 

‘‘(2) REPORT.—Not later than 5 years after the date of 

enactment of this subsection, and every 5 years thereafter, 

the Administrator shall submit to the Committee on Small 

Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives a 

report on the results of each study under paragraph (1) conducted during the 5-year period ending on the date of the 

report.’’. 

SEC. 1698. SMALL BUSINESS HUBZONES. 

(a) DEFINITION.—In this section, the term ‘‘covered base closure 

area’’ means a base closure area that, on or before the date of 

enactment of this Act, was treated as a HUBZone for purposes 

of the Small Business Act (15 U.S.C. 631 et seq.) pursuant to 

section 152(a)(2) of the Small Business Reauthorization and Manufacturing Assistance Act of 2004 (15 U.S.C. 632 note). 

15 USC 632 note. 

Time period. 

Deadline. 

Guidance. 

15 USC 632 note. 


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126 STAT. 2092 PUBLIC LAW 112–239—JAN. 2, 2013 

(b) TREATMENT AS HUBZONE.— (1) IN GENERAL.—Subject to paragraph (2), a covered base 

closure area shall be treated as a HUBZone for purposes of 

the Small Business Act (15 U.S.C. 631 et seq.) during the 

5-year period beginning on the date of enactment of this Act. 

(2) LIMITATION.—The total period of time that a covered 

base closure area is treated as a HUBZone for purposes of 

the Small Business Act (15 U.S.C. 631 et seq.) pursuant to 

this section and section 152(a)(2) of the Small Business 

Reauthorization and Manufacturing Assistance Act of 2004 (15 

U.S.C. 632 note) may not exceed 5 years. 

SEC. 1699. NATIONAL VETERANS BUSINESS DEVELOPMENT CORPORATION. 

(a) IN GENERAL.—The Small Business Act (15 U.S.C. 631 et 

seq.) is amended by striking section 33 (15 U.S.C. 657c). 

(b) CORPORATION.—On and after the date of enactment of this 

Act, the National Veterans Business Development Corporation and 

any successor thereto may not represent that the corporation is 

federally chartered or in any other manner authorized by the Federal Government. 

(c) TECHNICAL AND CONFORMING AMENDMENTS.— 

(1) TITLE 10.—Section 1142(b)(13) of title 10, United States 

Code, is amended by striking ‘‘and the National Veterans Business Development Corporation’’. 

(2) TITLE 38.—Section 3452(h) of title 38, United States 

Code, is amended by striking ‘‘any of the’’ and all that follows 

and inserting ‘‘any small business development center described 

in section 21 of the Small Business Act (15 U.S.C. 648), insofar 

as such center offers, sponsors, or cosponsors an entrepreneurship course, as that term is defined in section 3675(c)(2).’’. 

(3) VETERANS ENTREPRENEURSHIP AND SMALL BUSINESS

DEVELOPMENT ACT OF 1999.—Section 203(c)(5) of the Veterans 

Entrepreneurship and Small Business Development Act of 1999 

(15 U.S.C. 657b note) is amended by striking ‘‘In cooperation 

with the National Veterans Business Development Corporation, 

develop’’ and inserting ‘‘Develop’’. 

SEC. 1699a. STATE TRADE AND EXPORT PROMOTION GRANT PROGRAM. 

Section 1207(a)(5) of the Small Business Jobs Act of 2010 

(15 U.S.C. 649b note) is amended by inserting after ‘‘Guam,’’ the 

following: ‘‘the Commonwealth of the Northern Mariana Islands,’’. 

TITLE XVII—ENDING TRAFFICKING IN 

GOVERNMENT CONTRACTING 

Sec. 1701. Definitions. 

Sec. 1702. Contracting requirements. 

Sec. 1703. Compliance plan and certification requirement. 

Sec. 1704. Monitoring and investigation of trafficking in persons. 

Sec. 1705. Notification to inspectors general and cooperation with Government. 

Sec. 1706. Expansion of penalties for fraud in foreign labor contracting to include 

attempted fraud and work outside the United States. Sec. 1707. Improving Department of Defense accountability for reporting trafficking 

in persons claims and violations. Sec. 1708. Rules of construction; effective date. 

SEC. 1701. DEFINITIONS. 

In this title: 

22 USC 7104a 

note. 

Effective date. 

15 USC 657c 

note. 


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PUBLIC LAW 112–239—JAN. 2, 2013 126 STAT. 2093 

(1) EXECUTIVE AGENCY.—The term ‘‘executive agency’’ has 

the meaning given the term in section 133 of title 41, United 

States Code. 

(2) SUBCONTRACTOR.—The term ‘‘subcontractor’’ means a 

recipient of a contract at any tier under a grant, contract, 

or cooperative agreement. 

(3) SUBGRANTEE.—The term ‘‘subgrantee’’ means a recipient 

of a grant at any tier under a grant or cooperative agreement. 

(4) UNITED STATES.—The term ‘‘United States’’ has the 

meaning provided in section 103(12) of the Trafficking Victims 

Protection Act of 2000 (22 U.S.C. 7102(12)). 

SEC. 1702. CONTRACTING REQUIREMENTS. 

Section 106(g) of the Trafficking Victims Protection Act of 2000 

(22 U.S.C. 7104(g)) is amended by striking ‘‘without penalty’’ and 

all that follows through the period at the end and inserting the 

following: ‘‘or take any of the other remedial actions authorized 

under section 1704(c) of the National Defense Authorization Act 

for Fiscal Year 2013, without penalty, if the grantee or any subgrantee, or the contractor or any subcontractor, engages in, or 

uses labor recruiters, brokers, or other agents who engage in— 

‘‘(i) severe forms of trafficking in persons; 

‘‘(ii) the procurement of a commercial sex act 

during the period of time that the grant, contract, 

or cooperative agreement is in effect; 

‘‘(iii) the use of forced labor in the performance 

of the grant, contract, or cooperative agreement; or 

‘‘(iv) acts that directly support or advance trafficking in persons, including the following acts: 

‘‘(I) Destroying, concealing, removing, confiscating, or otherwise denying an employee access 

to that employee’s identity or immigration documents. 

‘‘(II) Failing to provide return transportation 

or pay for return transportation costs to an 

employee from a country outside the United States 

to the country from which the employee was 

recruited upon the end of employment if requested 

by the employee, unless— 

‘‘(aa) exempted from the requirement to 

provide or pay for such return transportation 

by the Federal department or agency providing 

or entering into the grant, contract, or cooperative agreement; or 

‘‘(bb) the employee is a victim of human 

trafficking seeking victim services or legal 

redress in the country of employment or a 

witness in a human trafficking enforcement 

action. 

‘‘(III) Soliciting a person for the purpose of 

employment, or offering employment, by means 

of materially false or fraudulent pretenses, representations, or promises regarding that employment. 

‘‘(IV) Charging recruited employees unreasonable placement or recruitment fees, such as fees 

equal to or greater than the employee’s monthly 


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126 STAT. 2094 PUBLIC LAW 112–239—JAN. 2, 2013 

salary, or recruitment fees that violate the laws 

of the country from which an employee is recruited. 

‘‘(V) Providing or arranging housing that fails 

to meet the host country housing and safety standards.’’. 

SEC. 1703. COMPLIANCE PLAN AND CERTIFICATION REQUIREMENT. 

(a) REQUIREMENT.—The head of an executive agency may not 

provide or enter into a grant, contract, or cooperative agreement 

if the estimated value of the services required to be performed 

under the grant, contract, or cooperative agreement outside the 

United States exceeds $500,000, unless a duly designated representative of the recipient of such grant, contract, or cooperative agreement certifies to the contracting or grant officer prior to receiving 

an award and on an annual basis thereafter, after having conducted 

due diligence, that— 

(1) the recipient has implemented a plan to prevent the 

activities described in section 106(g) of the Trafficking Victims 

Protection Act of 2000 (22 U.S.C. 7104(g)), as amended by 

section 1702, and is in compliance with that plan; 

(2) the recipient has implemented procedures to prevent 

any activities described in such section 106(g) and to monitor, 

detect, and terminate any subcontractor, subgrantee, or 

employee of the recipient engaging in any activities described 

in such section; and 

(3) to the best of the representative’s knowledge, neither 

the recipient, nor any subcontractor or subgrantee of the 

recipient or any agent of the recipient or of such a subcontractor 

or subgrantee, is engaged in any of the activities described 

in such section. 

(b) LIMITATION.—Any plan or procedures implemented pursuant 

to subsection (a) shall be appropriate to the size and complexity 

of the grant, contract, or cooperative agreement and to the nature 

and scope of its activities, including the number of non-United 

States citizens expected to be employed. 

(c) DISCLOSURE.—The recipient shall provide a copy of the 

plan to the contracting or grant officer upon request, and as appropriate, shall post the useful and relevant contents of the plan 

or related materials on its website and at the workplace. 

(d) GUIDANCE.—The President, in consultation with the Secretary of State, the Attorney General, the Secretary of Defense, 

the Secretary of Labor, the Secretary of Homeland Security, the 

Administrator for the United States Agency for International 

Development, and the heads of such other executive agencies as 

the President deems appropriate, shall establish minimum requirements for contractor plans and procedures to be implemented pursuant to this section. 

SEC. 1704. MONITORING AND INVESTIGATION OF TRAFFICKING IN PERSONS. 

(a) REFERRAL AND INVESTIGATION.— 

(1) REFERRAL.—If the contracting or grant officer of an 

executive agency for a grant, contract, or cooperative agreement 

receives credible information that a recipient of the grant, 

contract, or cooperative agreement; any subgrantee or subcontractor of the recipient; or any agent of the recipient or of 

such a subgrantee or subcontractor, has engaged in an activity 

described in section 106(g) of the Trafficking Victims Protection 

22 USC 7104b. 

President. 

Consultation. 

Procedures. 

Records. 

Web posting. 

Procedures. 

22 USC 7104a. 


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PUBLIC LAW 112–239—JAN. 2, 2013 126 STAT. 2095 

Act of 2000 (22 U.S.C. 7104(g)), as amended by section 1702, 

including a report from a contracting officer representative, 

an auditor, an alleged victim or victim’s representative, or 

any other credible source, the contracting or grant officer shall 

promptly refer the matter to the agency’s Office of Inspector 

General for investigation. The contracting officer may also 

direct the contractor to take specific steps to abate an alleged 

violation or enforce the requirements of a compliance plan 

implemented pursuant to section 1703. 

(2) INVESTIGATION.—An Inspector General who receives a 

referral under paragraph (1) or otherwise receives credible 

information that a recipient of the grant, contract, or cooperative agreement; any subgrantee or subcontractor of the 

recipient; or any agent of the recipient or of such a subgrantee 

or subcontractor, has engaged in an activity described in section 

106(g) of the Trafficking Victims Protection Act of 2000 (22 

U.S.C. 7104(g)), as amended by section 1702, shall promptly 

review the referral or information and determine whether to 

initiate an investigation of the matter. In the event that an 

Inspector General does not initiate an investigation, the 

Inspector General shall document the rationale for the decision 

not to investigate. 

(3) CRIMINAL INVESTIGATION.—If the matter is referred to 

the Department of Justice for criminal prosecution, the 

Inspector General may suspend any investigation under this 

subsection pending the outcome of the criminal prosecution. 

The Inspector General shall notify the head of the executive 

agency that awarded the contract, grant, or cooperative agreement of an indictment, information, or criminal complaint 

against the recipient of a contract, grant, or cooperative agreement; any subgrantee or subcontractor of the recipient; or any 

agent of the recipient or of a subgrantee or subcontractor. 

If the criminal investigation results in a decision not to prosecute, the Inspector General shall promptly determine whether 

to resume any investigation that was suspended pursuant to 

this paragraph. In the event that an Inspector General does 

not resume an investigation, the Inspector General shall document the rationale for the decision. 

(b) REPORT.—Upon completion of an investigation under subsection (a), the Inspector General shall submit a report on the 

investigation to the head of the executive agency that awarded 

the contract, grant, or cooperative agreement. The report shall 

include the Inspector General’s conclusions regarding whether or 

not any allegations that the recipient of a grant, contract, or 

cooperative agreement; any subcontractor or subgrantee of the 

recipient; or any agent of the recipient or of such a subcontractor 

or subgrantee, engaged in any of the activities described in section 

106(g) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 

7104(g)), as amended by section 1702, are substantiated. 

(c) REMEDIAL ACTIONS.— 

(1) IN GENERAL.—Upon receipt of an Inspector General’s 

report substantiating an allegation that the recipient of a contract, grant, or cooperative agreement; any subgrantee or subcontractor of the recipient; or any agent of the recipient or 

of a subgrantee or subcontractor, engaged in any of the activities described in section 106(g) of the Trafficking Victims 

Protection Act of 2000 (22 U.S.C. 7104(g)), as amended by 

Documentation. 

Determination. 

Notification. 

Review. 

Determination. 


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126 STAT. 2096 PUBLIC LAW 112–239—JAN. 2, 2013 

section 1702, or notification of an indictment, information, or 

criminal complaint for an offense under subsection (a)(3), the 

head of agency shall consider taking one or more of the following remedial actions: 

(A) Requiring the recipient to remove an employee 

from the performance of work under the grant, contract, 

or cooperative agreement. 

(B) Requiring the recipient to terminate a subcontract 

or subgrant. 

(C) Suspending payments under the grant, contract, 

or cooperative agreement until such time as the recipient 

of the grant, contract, or cooperative agreement has taken 

appropriate remedial action. 

(D) Withholding award fees, consistent with the award 

fee plan, for the performance period in which the agency 

determined the contractor or subcontractor engaged in any 

of the activities described in such section 106(g). 

(E) Declining to exercise available options under the 

contract. 

(F) Terminating the contract for default or cause, in 

accordance with the termination clause for the contract. 

(G) Referring the matter to the agency suspension 

and debarment official. 

(2) SAVINGS CLAUSE.—Nothing in this subsection shall be 

construed as limiting the scope of applicable remedies available 

to the Federal Government. 

(3) MITIGATING FACTOR.—Where applicable, the head of 

an executive agency may consider whether the contractor or 

grantee had a plan in place under section 1703, and was 

in compliance with that plan at the time of the violation, 

as a mitigating factor in determining which remedies, if any, 

should apply. 

(4) AGGRAVATING FACTOR.—Where applicable, the head of 

an executive agency may consider the failure of a contractor 

or grantee to abate an alleged violation or enforce the requirements of a compliance plan when directed by a contracting 

officer pursuant to subsection (a)(1) as an aggravating factor 

in determining which remedies, if any, should apply. 

(d) INCLUSION OF REPORT CONCLUSIONS IN FAPIIS.— 

(1) IN GENERAL.—The head of an executive agency shall 

ensure that any substantiated allegation in the report under 

subsection (b) is included in the Federal Awardee Performance 

and Integrity Information System (FAPIIS) and that the contractor has an opportunity to respond to any such report in 

accordance with applicable statutes and regulations. 

(2) AMENDMENT TO TITLE 41, UNITED STATES CODE.—Section 

2313(c)(1)(E) of title 41, United States Code, is amended to 

read as follows: 

‘‘(E) In an administrative proceeding— 

‘‘(i) a final determination of contractor fault by 

the Secretary of Defense pursuant to section 823(d) 

of the National Defense Authorization Act for Fiscal 

Year 2010 (10 U.S.C. 2302 note; Public Law 111–84); 

or 

‘‘(ii) a substantiated allegation, pursuant to section 

1704(b) of the National Defense Authorization Act for 

Fiscal Year 2013, that the contractor, a subcontractor, 


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PUBLIC LAW 112–239—JAN. 2, 2013 126 STAT. 2097 

or an agent of the contractor or subcontractor engaged 

in any of the activities described in section 106(g) 

of the Trafficking Victims Protection Act of 2000 (22 

U.S.C. 7104(g)).’’. 

SEC. 1705. NOTIFICATION TO INSPECTORS GENERAL AND COOPERATION WITH GOVERNMENT. 

The head of an executive agency making or awarding a grant, 

contract, or cooperative agreement shall require that the recipient 

of the grant, contract, or cooperative agreement— 

(1) immediately inform the Inspector General of the executive agency of any information it receives from any source 

that alleges credible information that the recipient; any subcontractor or subgrantee of the recipient; or any agent of the 

recipient or of such a subcontractor or subgrantee, has engaged 

in conduct described in section 106(g) of the Trafficking in 

Victims Protection Act of 2000 (22 U.S.C. 7104(g)), as amended 

by section 1702 of this Act; and 

(2) fully cooperate with any Federal agencies responsible 

for audits, investigations, or corrective actions relating to trafficking in persons. 

SEC. 1706. EXPANSION OF PENALTIES FOR FRAUD IN FOREIGN LABOR 

CONTRACTING TO INCLUDE ATTEMPTED FRAUD AND 

WORK OUTSIDE THE UNITED STATES. 

(a) IN GENERAL.—Section 1351 of title 18, United States Code, 

is amended— 

(1) by striking ‘‘Whoever knowingly and with the intent 

to defraud recruits, solicits or hires a person outside the United 

States’’ and inserting ‘‘(a) WORK INSIDE THE UNITED STATES.— 

Whoever knowingly and with intent to defraud recruits, solicits, 

or hires a person outside the United States or causes another 

person to recruit, solicit, or hire a person outside the United 

States, or attempts to do so,’’; and 

(2) by adding at the end the following new subsection: 

‘‘(b) WORK OUTSIDE THE UNITED STATES.—Whoever knowingly 

and with intent to defraud recruits, solicits, or hires a person 

outside the United States or causes another person to recruit, 

solicit, or hire a person outside the United States, or attempts 

to do so, for purposes of employment performed on a United States 

Government contract performed outside the United States, or on 

a United States military installation or mission outside the United 

States or other property or premises outside the United States 

owned or controlled by the United States Government, by means 

of materially false or fraudulent pretenses, representations, or 

promises regarding that employment, shall be fined under this 

title or imprisoned for not more than 5 years, or both.’’. 

(b) SPECIAL RULE FOR ALIEN VICTIMS.—No alien may be 

admitted to the United States pursuant to subparagraph (U) of 

section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 

1101(a)(15)) as a result of the alien being a victim of a crime 

described in subsection (b) of section 1351 of title 18, United States 

Code, as added by subsection (a). 

8 USC 1101 note. 

22 USC 7104c. 


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126 STAT. 2098 PUBLIC LAW 112–239—JAN. 2, 2013 

SEC. 1707. IMPROVING DEPARTMENT OF DEFENSE ACCOUNTABILITY 

FOR REPORTING TRAFFICKING IN PERSONS CLAIMS AND 

VIOLATIONS. 

Section 105(d)(7)(H) of the Trafficking Victims Protection Act 

of 2000 (22 U.S.C. 7103(d)(7)(H)) is amended— 

(1) in clause (ii), by striking ‘‘and’’ at the end; 

(2) by redesignating clause (iii) as clause (iv); 

(3) by inserting after clause (ii) the following new clause: 

‘‘(iii) all known trafficking in persons cases 

reported to the Under Secretary of Defense for Personnel and Readiness;’’; 

(4) in clause (iv), as redesignated by paragraph (2), by 

inserting ‘‘and’’ at the end after the semicolon; and 

(5) by adding at the end the following new clause: 

‘‘(v) all trafficking in persons activities of contractors reported to the Under Secretary of Defense for 

Acquisition, Technology, and Logistics;’’. 

SEC. 1708. RULES OF CONSTRUCTION; EFFECTIVE DATE. 

(a) LIABILITY.—Excluding section 1706, nothing in this title 

shall be construed to supersede, enlarge, or diminish the common 

law or statutory liabilities of any grantee, subgrantee, contractor, 

subcontractor, or other party covered by section 106(g) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7104(g)), as 

amended by section 1702. 

(b) AUTHORITY OF DEPARTMENT OF JUSTICE.—Nothing in this 

title shall be construed as diminishing or otherwise modifying the 

authority of the Attorney General to investigate activities covered 

by this title. 

(c) IMPLEMENTATION AND EFFECTIVE DATES.— 

(1) CONTRACTING REQUIREMENTS.— 

(A) Not later than 270 days after the date of the 

enactment of this Act, the Federal Acquisition Regulation 

shall be amended to carry out the requirements of sections 

1702, 1703, and 1704(c), and the second sentence of section 

1704(a)(1), of this title. 

(B) The requirements of sections 1702, 1703, and 

1704(c), and the second sentence of section 1704(a)(1), of 

this title, shall apply to grants, contracts, and cooperative 

agreements entered into on or after the date that is 270 

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

to task and delivery orders awarded on or after such date 

pursuant to contracts entered before, on, or after such 

date. 

(2) INVESTIGATIVE AND PROCEDURAL REQUIREMENTS.—Federal agencies shall implement the requirements of sections 

1704, 1705, and 1707 (other than subsection (c) of section 

1704) not later than 90 days after the date of the enactment 

of this Act. 

(3) CRIMINAL LAW CHANGES.—The amendments made by 

section 1706 shall take effect upon the date of enactment and 

shall apply to conduct taking place on or after such date. 

Deadlines. 

Applicability. 

22 USC 7104d. 


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PUBLIC LAW 112–239—JAN. 2, 2013 126 STAT. 2099 

TITLE XVIII—FEDERAL ASSISTANCE TO 

FIRE DEPARTMENTS 

Subtitle A—Fire Grants Reauthorization 

Sec. 1801. Short title. 

Sec. 1802. Amendments to definitions. 

Sec. 1803. Assistance to firefighters grants. 

Sec. 1804. Staffing for adequate fire and emergency response. 

Sec. 1805. Sense of Congress on value and funding of Assistance to Firefighters and 

Staffing for Adequate Fire and Emergency Response programs. Sec. 1806. Report on amendments to Assistance to Firefighters and Staffing for 

Adequate Fire and Emergency Response programs. Sec. 1807. Studies and reports on the state of fire services. 

Subtitle B—Reauthorization of United States Fire Administration 

Sec. 1811. Short title. 

Sec. 1812. Clarification of relationship between United States Fire Administration 

and Federal Emergency Management Agency. Sec. 1813. Modification of authority of Administrator to educate public about fire 

and fire prevention. Sec. 1814. Authorization of appropriations. 

Sec. 1815. Removal of limitation. 

Subtitle A—Fire Grants Reauthorization 

SEC. 1801. SHORT TITLE. 

This subtitle may be cited as the ‘‘Fire Grants Reauthorization 

Act of 2012’’. 

SEC. 1802. AMENDMENTS TO DEFINITIONS. 

(a) IN GENERAL.—Section 4 of the Federal Fire Prevention 

and Control Act of 1974 (15 U.S.C. 2203) is amended— 

(1) in paragraph (3), by inserting ‘‘, except as otherwise 

provided,’’ after ‘‘means’’; 

(2) in paragraph (4), by striking ‘‘ ‘Director’ means’’ and 

all that follows through ‘‘Agency;’’ and inserting ‘‘ ‘Administrator 

of FEMA’ means the Administrator of the Federal Emergency 

Management Agency;’’; 

(3) in paragraph (5)— 

(A) by inserting ‘‘Indian tribe,’’ after ‘‘county,’’; and 

(B) by striking ‘‘and ‘firecontrol’ ’’ and inserting ‘‘and 

‘fire control’ ’’; 

(4) by redesignating paragraphs (6) through (9) as paragraphs (7) through (10), respectively; 

(5) by inserting after paragraph (5), the following: 

‘‘(6) ‘Indian tribe’ has the meaning given that term in 

section 4 of the Indian Self-Determination and Education 

Assistance Act (25 U.S.C. 450b) and ‘tribal’ means of or pertaining to an Indian tribe;’’; 

(6) by redesignating paragraphs (9) and (10), as redesignated by paragraph (4), as paragraphs (10) and (11); 

(7) by inserting after paragraph (8), as redesignated by 

paragraph (4), the following: 

‘‘(9) ‘Secretary’ means, except as otherwise provided, the 

Secretary of Homeland Security;’’; and 

(8) by amending paragraph (10), as redesignated by paragraph (6), to read as follows: 

‘‘(10) ‘State’ has the meaning given the term in section 

2 of the Homeland Security Act of 2002 (6 U.S.C. 101).’’. 

Fire Grants 

Reauthorization 

Act of 2012. 

15 USC 2201 

note. 


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126 STAT. 2100 PUBLIC LAW 112–239—JAN. 2, 2013 

(b) CONFORMING AMENDMENTS.— (1) ADMINISTRATOR OF FEMA.—The Federal Fire Prevention 

and Control Act of 1974 (15 U.S.C. 2201 et seq.) is amended 

by striking ‘‘Director’’ each place it appears and inserting 

‘‘Administrator of FEMA’’. 

(2) ADMINISTRATOR OF FEMA’S AWARD.—Section 15 of such 

Act (15 U.S.C. 2214) is amended by striking ‘‘Director’s Award’’ 

each place it appears and inserting ‘‘Administrator’s Award’’. 

SEC. 1803. ASSISTANCE TO FIREFIGHTERS GRANTS. 

Section 33 of the Federal Fire Prevention and Control Act 

of 1974 (15 U.S.C. 2229) is amended to read as follows: 

‘‘SEC. 33. FIREFIGHTER ASSISTANCE. 

‘‘(a) DEFINITIONS.—In this section: 

‘‘(1) ADMINISTRATOR OF FEMA.—The term ‘Administrator 

of FEMA’ means the Administrator of FEMA, acting through 

the Administrator. 

‘‘(2) AVAILABLE GRANT FUNDS.—The term ‘available grant 

funds’, with respect to a fiscal year, means those funds appropriated pursuant to the authorization of appropriations in subsection (q)(1) for such fiscal year less any funds used for 

administrative costs pursuant to subsection (q)(2) in such fiscal 

year. 

‘‘(3) CAREER FIRE DEPARTMENT.—The term ‘career fire 

department’ means a fire department that has an all-paid force 

of firefighting personnel other than paid-on-call firefighters. 

‘‘(4) COMBINATION FIRE DEPARTMENT.—The term ‘combination fire department’ means a fire department that has— 

‘‘(A) paid firefighting personnel; and 

‘‘(B) volunteer firefighting personnel. 

‘‘(5) FIREFIGHTING PERSONNEL.—The term ‘firefighting personnel’ means individuals, including volunteers, who are firefighters, officers of fire departments, or emergency medical 

service personnel of fire departments. 

‘‘(6) INSTITUTION OF HIGHER EDUCATION.—The term ‘institution of higher education’ has the meaning given such term 

in section 101 of the Higher Education Act of 1965 (20 U.S.C. 

1001). 

‘‘(7) NONAFFILIATED EMS ORGANIZATION.—The term ‘nonaffiliated EMS organization’ means a public or private nonprofit 

emergency medical services organization that is not affiliated 

with a hospital and does not serve a geographic area in which 

the Administrator of FEMA finds that emergency medical services are adequately provided by a fire department. 

‘‘(8) PAID-ON-CALL.—The term ‘paid-on-call’ with respect 

to firefighting personnel means firefighting personnel who are 

paid a stipend for each event to which they respond. 

‘‘(9) VOLUNTEER FIRE DEPARTMENT.—The term ‘volunteer 

fire department’ means a fire department that has an allvolunteer force of firefighting personnel. 

‘‘(b) ASSISTANCE PROGRAM.— 

‘‘(1) AUTHORITY.—In accordance with this section, the 

Administrator of FEMA may award— 

‘‘(A) assistance to firefighters grants under subsection 

(c); and 

‘‘(B) fire prevention and safety grants and other assistance under subsection (d). 

15 USC 2204, 

2206, 2210, 2214, 

2215, 2217, 2218, 

2224, 2226; 

42 USC 290a. 


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PUBLIC LAW 112–239—JAN. 2, 2013 126 STAT. 2101 

‘‘(2) ADMINISTRATIVE ASSISTANCE.—The Administrator of 

FEMA shall— 

‘‘(A) establish specific criteria for the selection of grant 

recipients under this section; and 

‘‘(B) provide assistance with application preparation 

to applicants for such grants. 

‘‘(c) ASSISTANCE TO FIREFIGHTERS GRANTS.— 

‘‘(1) IN GENERAL.—The Administrator of FEMA may, in 

consultation with the chief executives of the States in which 

the recipients are located, award grants on a competitive basis 

directly to— 

‘‘(A) fire departments, for the purpose of protecting 

the health and safety of the public and firefighting personnel throughout the United States against fire, firerelated, and other hazards; 

‘‘(B) nonaffiliated EMS organizations to support the 

provision of emergency medical services; and 

‘‘(C) State fire training academies for the purposes 

described in subparagraphs (G), (H), and (I) of paragraph 

(3). 

‘‘(2) MAXIMUM GRANT AMOUNTS.— 

‘‘(A) POPULATION.—The Administrator of FEMA may 

not award a grant under this subsection in excess of 

amounts as follows: 

‘‘(i) In the case of a recipient that serves a jurisdiction with 100,000 people or fewer, the amount of the 

grant awarded to such recipient shall not exceed 

$1,000,000 in any fiscal year. 

‘‘(ii) In the case of a recipient that serves a jurisdiction with more than 100,000 people but not more than 

500,000 people, the amount of the grant awarded to 

such recipient shall not exceed $2,000,000 in any fiscal 

year. 

‘‘(iii) In the case of a recipient that serves a jurisdiction with more than 500,000 but not more than 

1,000,000 people, the amount of the grant awarded 

to such recipient shall not exceed $3,000,000 in any 

fiscal year. 

‘‘(iv) In the case of a recipient that serves a jurisdiction with more than 1,000,000 people but not more 

than 2,500,000 people, the amount of the grant 

awarded to such recipient shall not exceed $6,000,000 

for any fiscal year. 

‘‘(v) In the case of a recipient that serves a jurisdiction with more than 2,500,000 people, the amount of 

the grant awarded to such recipient shall not exceed 

$9,000,000 in any fiscal year. 

‘‘(B) AGGREGATE.— 

‘‘(i) IN GENERAL.—Notwithstanding subparagraphs 

(A) and (B) and except as provided under clause (ii), 

the Administrator of FEMA may not award a grant 

under this subsection in a fiscal year in an amount 

that exceeds the amount that is one percent of the 

available grant funds in such fiscal year. 

‘‘(ii) EXCEPTION.—The Administrator of FEMA may 

waive the limitation in clause (i) with respect to a 

Waiver authority. 

Determination. 

Criteria. 


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126 STAT. 2102 PUBLIC LAW 112–239—JAN. 2, 2013 

grant recipient if the Administrator of FEMA determines that such recipient has an extraordinary need 

for a grant in an amount that exceeds the limit under 

clause (i). 

‘‘(3) USE OF GRANT FUNDS.—Each entity receiving a grant 

under this subsection shall use the grant for one or more 

of the following purposes: 

‘‘(A) To train firefighting personnel in— 

‘‘(i) firefighting; 

‘‘(ii) emergency medical services and other emergency response (including response to natural disasters, acts of terrorism, and other man-made disasters); 

‘‘(iii) arson prevention and detection; 

‘‘(iv) maritime firefighting; or 

‘‘(v) the handling of hazardous materials. 

‘‘(B) To train firefighting personnel to provide any of 

the training described under subparagraph (A). 

‘‘(C) To fund the creation of rapid intervention teams 

to protect firefighting personnel at the scenes of fires and 

other emergencies. 

‘‘(D) To certify— 

‘‘(i) fire inspectors; and 

‘‘(ii) building inspectors— 

‘‘(I) whose responsibilities include fire safety 

inspections; and 

‘‘(II) who are employed by or serving as volunteers with a fire department. 

‘‘(E) To establish wellness and fitness programs for 

firefighting personnel to ensure that the firefighting personnel are able to carry out their duties as firefighters, 

including programs dedicated to raising awareness of, and 

prevention of, job-related mental health issues. 

‘‘(F) To fund emergency medical services provided by 

fire departments and nonaffiliated EMS organizations. 

‘‘(G) To acquire additional firefighting vehicles, 

including fire trucks and other apparatus. 

‘‘(H) To acquire additional firefighting equipment, 

including equipment for— 

‘‘(i) fighting fires with foam in remote areas without access to water; and 

‘‘(ii) communications, monitoring, and response to 

a natural disaster, act of terrorism, or other manmade disaster, including the use of a weapon of mass 

destruction. 

‘‘(I) To acquire personal protective equipment, 

including personal protective equipment— 

‘‘(i) prescribed for firefighting personnel by the 

Occupational Safety and Health Administration of the 

Department of Labor; or 

‘‘(ii) for responding to a natural disaster or act 

of terrorism or other man-made disaster, including the 

use of a weapon of mass destruction. 

‘‘(J) To modify fire stations, fire training facilities, and 

other facilities to protect the health and safety of firefighting personnel. 

‘‘(K) To educate the public about arson prevention and 

detection. 

Certification. 


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PUBLIC LAW 112–239—JAN. 2, 2013 126 STAT. 2103 

‘‘(L) To provide incentives for the recruitment and 

retention of volunteer firefighting personnel for volunteer 

firefighting departments and other firefighting departments that utilize volunteers. 

‘‘(M) To support such other activities, consistent with 

the purposes of this subsection, as the Administrator of 

FEMA determines appropriate. 

‘‘(d) FIRE PREVENTION AND SAFETY GRANTS.— 

‘‘(1) IN GENERAL.—For the purpose of assisting fire prevention programs and supporting firefighter health and safety 

research and development, the Administrator of FEMA may, 

on a competitive basis— 

‘‘(A) award grants to fire departments; 

‘‘(B) award grants to, or enter into contracts or cooperative agreements with, national, State, local, tribal, or nonprofit organizations that are not fire departments and that 

are recognized for their experience and expertise with 

respect to fire prevention or fire safety programs and activities and firefighter research and development programs, 

for the purpose of carrying out— 

‘‘(i) fire prevention programs; and 

‘‘(ii) research to improve firefighter health and life 

safety; and 

‘‘(C) award grants to institutions of higher education, 

national fire service organizations, or national fire safety 

organizations to establish and operate fire safety research 

centers. 

‘‘(2) MAXIMUM GRANT AMOUNT.—A grant awarded under 

this subsection may not exceed $1,500,000 for a fiscal year. 

‘‘(3) USE OF GRANT FUNDS.—Each entity receiving a grant 

under this subsection shall use the grant for one or more 

of the following purposes: 

‘‘(A) To enforce fire codes and promote compliance with 

fire safety standards. 

‘‘(B) To fund fire prevention programs, including programs that educate the public about arson prevention and 

detection. 

‘‘(C) To fund wildland fire prevention programs, 

including education, awareness, and mitigation programs 

that protect lives, property, and natural resources from 

fire in the wildland-urban interface. 

‘‘(D) In the case of a grant awarded under paragraph 

(1)(C), to fund the establishment or operation of a fire 

safety research center for the purpose of significantly 

reducing the number of fire-related deaths and injuries 

among firefighters and the general public through research, 

development, and technology transfer activities. 

‘‘(E) To support such other activities, consistent with 

the purposes of this subsection, as the Administrator of 

FEMA determines appropriate. 

‘‘(4) LIMITATION.—None of the funds made available under 

this subsection may be provided to the Association of Community Organizations for Reform Now (ACORN) or any of its 

affiliates, subsidiaries, or allied organizations. 

‘‘(e) APPLICATIONS FOR GRANTS.— 

ACORN. 


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126 STAT. 2104 PUBLIC LAW 112–239—JAN. 2, 2013 

‘‘(1) IN GENERAL.—An entity seeking a grant under this 

section shall submit to the Administrator of FEMA an application therefor in such form and in such manner as the Administrator of FEMA determines appropriate. 

‘‘(2) ELEMENTS.—Each application submitted under paragraph (1) shall include the following: 

‘‘(A) A description of the financial need of the applicant 

for the grant. 

‘‘(B) An analysis of the costs and benefits, with respect 

to public safety, of the use for which a grant is requested. 

‘‘(C) An agreement to provide information to the 

national fire incident reporting system for the period covered by the grant. 

‘‘(D) A list of other sources of funding received by 

the applicant— 

‘‘(i) for the same purpose for which the application 

for a grant under this section was submitted; or 

‘‘(ii) from the Federal Government for other firerelated purposes. 

‘‘(E) Such other information as the Administrator of 

FEMA determines appropriate. 

‘‘(3) JOINT OR REGIONAL APPLICATIONS.— 

‘‘(A) IN GENERAL.—Two or more entities may submit 

an application under paragraph (1) for a grant under this 

section to fund a joint program or initiative, including 

acquisition of shared equipment or vehicles. 

‘‘(B) NONEXCLUSIVITY.—Applications under this paragraph may be submitted instead of or in addition to any 

other application submitted under paragraph (1). 

‘‘(C) GUIDANCE.—The Administrator of FEMA shall— 

‘‘(i) publish guidance on applying for and administering grants awarded for joint programs and initiatives described in subparagraph (A); and 

‘‘(ii) encourage applicants to apply for grants for 

joint programs and initiatives described in subparagraph (A) as the Administrator of FEMA determines 

appropriate to achieve greater cost effectiveness and 

regional efficiency. 

‘‘(f) PEER REVIEW OF GRANT APPLICATIONS.— 

‘‘(1) IN GENERAL.—The Administrator of FEMA shall, after 

consultation with national fire service and emergency medical 

services organizations, appoint fire service personnel to conduct 

peer reviews of applications received under subsection (e)(1). 

‘‘(2) APPLICABILITY OF FEDERAL ADVISORY COMMITTEE ACT.— 

The Federal Advisory Committee Act (5 U.S.C. App.) shall 

not apply to activities carried out pursuant to this subsection. 

‘‘(g) PRIORITIZATION OF GRANT AWARDS.—In awarding grants 

under this section, the Administrator of FEMA shall consider the 

following: 

‘‘(1) The findings and recommendations of the peer reviews 

carried out under subsection (f). 

‘‘(2) The degree to which an award will reduce deaths, 

injuries, and property damage by reducing the risks associated 

with fire-related and other hazards. 

‘‘(3) The extent of the need of an applicant for a grant 

under this section and the need to protect the United States 

as a whole. 

Consultation. 

Publication. 


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PUBLIC LAW 112–239—JAN. 2, 2013 126 STAT. 2105 

‘‘(4) The number of calls requesting or requiring a fire 

fighting or emergency medical response received by an 

applicant. 

‘‘(h) ALLOCATION OF GRANT AWARDS.—In awarding grants under 

this section, the Administrator of FEMA shall ensure that of the 

available grant funds in each fiscal year— 

‘‘(1) not less than 25 percent are awarded under subsection 

(c) to career fire departments; 

‘‘(2) not less than 25 percent are awarded under subsection 

(c) to volunteer fire departments; 

‘‘(3) not less than 25 percent are awarded under subsection 

(c) to combination fire departments and fire departments using 

paid-on-call firefighting personnel; 

‘‘(4) not less than 10 percent are available for open competition among career fire departments, volunteer fire departments, 

combination fire departments, and fire departments using paidon-call firefighting personnel for grants awarded under subsection (c); 

‘‘(5) not less than 10 percent are awarded under subsection 

(d); and 

‘‘(6) not more than 2 percent are awarded under this section 

to nonaffiliated EMS organizations described in subsection 

(c)(1)(B). 

‘‘(i) ADDITIONAL REQUIREMENTS AND LIMITATIONS.— 

‘‘(1) FUNDING FOR EMERGENCY MEDICAL SERVICES.—Not less 

than 3.5 percent of the available grant funds for a fiscal year 

shall be awarded under this section for purposes described 

in subsection (c)(3)(F). 

‘‘(2) STATE FIRE TRAINING ACADEMIES.— 

‘‘(A) MAXIMUM SHARE.—Not more than 3 percent of 

the available grant funds for a fiscal year may be awarded 

under subsection (c)(1)(C). 

‘‘(B) MAXIMUM GRANT AMOUNT.—The Administrator of 

FEMA may not award a grant under subsection (c)(1)(C) 

to a State fire training academy in an amount that exceeds 

$1,000,000 in any fiscal year. 

‘‘(3) AMOUNTS FOR PURCHASING FIREFIGHTING VEHICLES.— 

Not more than 25 percent of the available grant funds for 

a fiscal year may be used to assist grant recipients to purchase 

vehicles pursuant to subsection (c)(3)(G). 

‘‘(j) FURTHER CONSIDERATIONS.— 

‘‘(1) ASSISTANCE TO FIREFIGHTERS GRANTS TO FIRE DEPARTMENTS.—In considering applications for grants under subsection 

(c)(1)(A), the Administrator of FEMA shall consider— 

‘‘(A) the extent to which the grant would enhance the 

daily operations of the applicant and the impact of such 

a grant on the protection of lives and property; and 

‘‘(B) a broad range of factors important to the 

applicant’s ability to respond to fires and related hazards, 

such as the following: 

‘‘(i) Population served. 

‘‘(ii) Geographic response area. 

‘‘(iii) Hazards vulnerability. 

‘‘(iv) Call volume. 

‘‘(v) Financial situation, including unemployment 

rate of the area being served. 

‘‘(vi) Need for training or equipment. 


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126 STAT. 2106 PUBLIC LAW 112–239—JAN. 2, 2013 

‘‘(2) APPLICATIONS FROM NONAFFILIATED EMS ORGANIZATIONS.—In the case of an application submitted under subsection (e)(1) by a nonaffiliated EMS organization, the Administrator of FEMA shall consider the extent to which other sources 

of Federal funding are available to the applicant to provide 

the assistance requested in such application. 

‘‘(3) AWARDING FIRE PREVENTION AND SAFETY GRANTS TO

CERTAIN ORGANIZATIONS THAT ARE NOT FIRE DEPARTMENTS.— 

In the case of applicants for grants under this section who 

are described in subsection (d)(1)(B), the Administrator of 

FEMA shall give priority to applicants who focus on— 

‘‘(A) prevention of injuries to high risk groups from 

fire; and 

‘‘(B) research programs that demonstrate a potential 

to improve firefighter safety. 

‘‘(4) AWARDING GRANTS FOR FIRE SAFETY RESEARCH CENTERS.— 

‘‘(A) CONSIDERATIONS.—In awarding grants under subsection (d)(1)(C), the Administrator of FEMA shall— 

‘‘(i) select each grant recipient on— 

‘‘(I) the demonstrated research and extension 

resources available to the recipient to carry out 

the research, development, and technology transfer 

activities; 

‘‘(II) the capability of the recipient to provide 

leadership in making national contributions to fire 

safety; 

‘‘(III) the recipient’s ability to disseminate the 

results of fire safety research; and 

‘‘(IV) the strategic plan the recipient proposes 

to carry out under the grant; 

‘‘(ii) give special consideration in selecting recipients under subparagraph (A) to an applicant for a 

grant that consists of a partnership between— 

‘‘(I) a national fire service organization or a 

national fire safety organization; and 

‘‘(II) an institution of higher education, 

including a minority-serving institution (as 

described in section 371(a) of the Higher Education 

Act of 1965 (20 U.S.C. 1067q(a))); and 

‘‘(iii) consider the research needs identified and 

prioritized through the workshop required by subparagraph (B)(i). 

‘‘(B) RESEARCH NEEDS.— 

‘‘(i) IN GENERAL.—Not later than 90 days after 

the date of the enactment of the Fire Grants Reauthorization Act of 2012, the Administrator of FEMA shall 

convene a workshop of the fire safety research community, fire service organizations, and other appropriate 

stakeholders to identify and prioritize fire safety 

research needs. 

‘‘(ii) PUBLICATION.—The Administrator of FEMA 

shall ensure that the results of the workshop are made 

available to the public. 

‘‘(C) LIMITATIONS ON GRANTS FOR FIRE SAFETY

RESEARCH CENTERS.— 

Public 

information. 

Deadline. 

Workshop. 


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PUBLIC LAW 112–239—JAN. 2, 2013 126 STAT. 2107 

‘‘(i) IN GENERAL.—The Administrator of FEMA may 

award grants under subsection (d) to establish not 

more than 3 fire safety research centers. 

‘‘(ii) RECIPIENTS.—An institution of higher education, a national fire service organization, and a 

national fire safety organization may not directly 

receive a grant under subsection (d) for a fiscal year 

for more than 1 fire safety research center. 

‘‘(5) AVOIDING DUPLICATION.—The Administrator of FEMA 

shall review lists submitted by applicants pursuant to subsection (e)(2)(D) and take such actions as the Administrator 

of FEMA considers necessary to prevent unnecessary duplication of grant awards. 

‘‘(k) MATCHING AND MAINTENANCE OF EXPENDITURE REQUIREMENTS.— 

‘‘(1) MATCHING REQUIREMENT FOR ASSISTANCE TO FIREFIGHTERS GRANTS.— 

‘‘(A) IN GENERAL.—Except as provided in subparagraph 

(B), an applicant seeking a grant to carry out an activity 

under subsection (c) shall agree to make available nonFederal funds to carry out such activity in an amount 

equal to not less than 15 percent of the grant awarded 

to such applicant under such subsection. 

‘‘(B) EXCEPTION FOR ENTITIES SERVING SMALL COMMUNITIES.—In the case that an applicant seeking a grant 

to carry out an activity under subsection (c) serves a jurisdiction of— 

‘‘(i) more than 20,000 residents but not more than 

1,000,000 residents, the application shall agree to make 

available non-Federal funds in an amount equal to 

not less than 10 percent of the grant awarded to such 

applicant under such subsection; and 

‘‘(ii) 20,000 residents or fewer, the applicant shall 

agree to make available non-Federal funds in an 

amount equal to not less than 5 percent of the grant 

awarded to such applicant under such subsection. 

‘‘(2) MATCHING REQUIREMENT FOR FIRE PREVENTION AND

SAFETY GRANTS.— 

‘‘(A) IN GENERAL.—An applicant seeking a grant to 

carry out an activity under subsection (d) shall agree to 

make available non-Federal funds to carry out such activity 

in an amount equal to not less than 5 percent of the 

grant awarded to such applicant under such subsection. 

‘‘(B) MEANS OF MATCHING.—An applicant for a grant 

under subsection (d) may meet the matching requirement 

under subparagraph (A) through direct funding, funding 

of complementary activities, or the provision of staff, facilities, services, material, or equipment. 

‘‘(3) MAINTENANCE OF EXPENDITURES.—An applicant 

seeking a grant under subsection (c) or (d) shall agree to maintain during the term of the grant the applicant’s aggregate 

expenditures relating to the uses described in subsections (c)(3) 

and (d)(3) at not less than 80 percent of the average amount 

of such expenditures in the 2 fiscal years preceding the fiscal 

year in which the grant amounts are received. 

‘‘(4) WAIVER.— 

Contracts. 

Review. 


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126 STAT. 2108 PUBLIC LAW 112–239—JAN. 2, 2013 

‘‘(A) IN GENERAL.—Except as provided in subparagraph 

(C)(ii), the Administrator of FEMA may waive or reduce 

the requirements of paragraphs (1), (2), and (3) in cases 

of demonstrated economic hardship. 

‘‘(B) GUIDELINES.— ‘‘(i) IN GENERAL.—The Administrator of FEMA 

shall establish and publish guidelines for determining 

what constitutes economic hardship for purposes of 

this paragraph. 

‘‘(ii) CONSULTATION.—In developing guidelines 

under clause (i), the Administrator of FEMA shall consult with individuals who are— 

‘‘(I) recognized for expertise in firefighting, 

emergency medical services provided by fire services, or the economic affairs of State and local 

governments; and 

‘‘(II) members of national fire service organizations or national organizations representing the 

interests of State and local governments. 

‘‘(iii) CONSIDERATIONS.—In developing guidelines 

under clause (i), the Administrator of FEMA shall consider, with respect to relevant communities, the following: 

‘‘(I) Changes in rates of unemployment from 

previous years. 

‘‘(II) Whether the rates of unemployment of 

the relevant communities are currently and have 

consistently exceeded the annual national average 

rates of unemployment. 

‘‘(III) Changes in percentages of individuals 

eligible to receive food stamps from previous years. 

‘‘(IV) Such other factors as the Administrator 

of FEMA considers appropriate. 

‘‘(C) CERTAIN APPLICANTS FOR FIRE PREVENTION AND

SAFETY GRANTS.—The authority under subparagraph (A) 

shall not apply with respect to a nonprofit organization 

that— 

‘‘(i) is described in subsection (d)(1)(B); and 

‘‘(ii) is not a fire department or emergency medical 

services organization. 

‘‘(l) GRANT GUIDELINES.— 

‘‘(1) GUIDELINES.—For each fiscal year, prior to awarding 

any grants under this section, the Administrator of FEMA 

shall publish in the Federal Register— 

‘‘(A) guidelines that describe— 

‘‘(i) the process for applying for grants under this 

section; and 

‘‘(ii) the criteria that will be used for selecting 

grant recipients; and 

‘‘(B) an explanation of any differences between such 

guidelines and the recommendations obtained under paragraph (2). 

‘‘(2) ANNUAL MEETING TO OBTAIN RECOMMENDATIONS.— 

‘‘(A) IN GENERAL.—For each fiscal year, the Administrator of FEMA shall convene a meeting of qualified members of national fire service organizations and, at the discretion of the Administrator of FEMA, qualified members 

Federal Register, 

publication. 

Publication. 


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PUBLIC LAW 112–239—JAN. 2, 2013 126 STAT. 2109 

of emergency medical service organizations to obtain recommendations regarding the following: 

‘‘(i) Criteria for the awarding of grants under this 

section. 

‘‘(ii) Administrative changes to the assistance program established under subsection (b). 

‘‘(B) QUALIFIED MEMBERS.—For purposes of this paragraph, a qualified member of an organization is a member 

who— 

‘‘(i) is recognized for expertise in firefighting or 

emergency medical services; 

‘‘(ii) is not an employee of the Federal Government; 

and 

‘‘(iii) in the case of a member of an emergency 

medical service organization, is a member of an 

organization that represents— 

‘‘(I) providers of emergency medical services 

that are affiliated with fire departments; or 

‘‘(II) nonaffiliated EMS providers. 

‘‘(3) APPLICABILITY OF FEDERAL ADVISORY COMMITTEE ACT.— 

The Federal Advisory Committee Act (5 U.S.C. App.) shall 

not apply to activities carried out under this subsection. 

‘‘(m) ACCOUNTING DETERMINATION.—Notwithstanding any other 

provision of law, for purposes of this section, equipment costs shall 

include all costs attributable to any design, purchase of components, 

assembly, manufacture, and transportation of equipment not otherwise commercially available. 

‘‘(n) ELIGIBLE GRANTEE ON BEHALF OF ALASKA NATIVE VILLAGES.—The Alaska Village Initiatives, a non-profit organization 

incorporated in the State of Alaska, shall be eligible to apply for 

and receive a grant or other assistance under this section on behalf 

of Alaska Native villages. 

‘‘(o) TRAINING STANDARDS.—If an applicant for a grant under 

this section is applying for such grant to purchase training that 

does not meet or exceed any applicable national voluntary consensus 

standards, including those developed under section 647 of the PostKatrina Emergency Management Reform Act of 2006 (6 U.S.C. 

747), the applicant shall submit to the Administrator of FEMA 

an explanation of the reasons that the training proposed to be 

purchased will serve the needs of the applicant better than training 

that meets or exceeds such standards. 

‘‘(p) ENSURING EFFECTIVE USE OF GRANTS.— 

‘‘(1) AUDITS.—The Administrator of FEMA may audit a 

recipient of a grant awarded under this section to ensure that— 

‘‘(A) the grant amounts are expended for the intended 

purposes; and 

‘‘(B) the grant recipient complies with the requirements 

of subsection (k). 

‘‘(2) PERFORMANCE ASSESSMENT.— 

‘‘(A) IN GENERAL.—The Administrator of FEMA shall 

develop and implement a performance assessment system, 

including quantifiable performance metrics, to evaluate the 

extent to which grants awarded under this section are 

furthering the purposes of this section, including protecting 

the health and safety of the public and firefighting personnel against fire and fire-related hazards. 


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126 STAT. 2110 PUBLIC LAW 112–239—JAN. 2, 2013 

‘‘(B) CONSULTATION.—The Administrator of FEMA 

shall consult with fire service representatives and with 

the Comptroller General of the United States in developing 

the assessment system required by subparagraph (A). 

‘‘(3) ANNUAL REPORTS TO ADMINISTRATOR OF FEMA.—Not 

less frequently than once each year during the term of a grant 

awarded under this section, the recipient of the grant shall 

submit to the Administrator of FEMA an annual report 

describing how the recipient used the grant amounts. 

‘‘(4) ANNUAL REPORTS TO CONGRESS.— 

‘‘(A) IN GENERAL.—Not later than September 30, 2013, 

and each year thereafter through 2017, the Administrator 

of FEMA shall submit to the Committee on Homeland 

Security and Governmental Affairs of the Senate and the 

Committee on Science and Technology and the Committee 

on Transportation and Infrastructure of the House of Representatives a report that provides— 

‘‘(i) information on the performance assessment 

system developed under paragraph (2); and 

‘‘(ii) using the performance metrics developed 

under such paragraph, an evaluation of the effectiveness of the grants awarded under this section. 

‘‘(B) ADDITIONAL INFORMATION.—The report due under 

subparagraph (A) on September 30, 2016, shall also include 

recommendations for legislative changes to improve grants 

under this section. 

‘‘(q) AUTHORIZATION OF APPROPRIATIONS.— 

‘‘(1) IN GENERAL.—There is authorized to be appropriated 

to carry out this section— 

‘‘(A) $750,000,000 for fiscal year 2013; and 

‘‘(B) for each of fiscal years 2014 through 2017, an 

amount equal to the amount authorized for the previous 

fiscal year increased by the percentage by which— 

‘‘(i) the Consumer Price Index (all items, United 

States city average) for the previous fiscal year, exceeds 

‘‘(ii) the Consumer Price Index for the fiscal year 

preceding the fiscal year described in clause (i). 

‘‘(2) ADMINISTRATIVE EXPENSES.—Of the amounts appropriated pursuant to paragraph (1) for a fiscal year, the Administrator of FEMA may use not more than 5 percent of such 

amounts for salaries and expenses and other administrative 

costs incurred by the Administrator of FEMA in the course 

of awarding grants and providing assistance under this section. 

‘‘(3) CONGRESSIONALLY DIRECTED SPENDING.—Consistent 

with the requirements in subsections (c)(1) and (d)(1) that 

grants under those subsections be awarded on a competitive 

basis, none of the funds appropriated pursuant to this subsection may be used for any congressionally directed spending 

item (as defined under the rules of the Senate and the House 

of Representatives). 

‘‘(r) SUNSET OF AUTHORITIES.—The authority to award assistance and grants under this section shall expire on the date that 

is 5 years after the date of the enactment of the Fire Grants 

Reauthorization Act of 2012.’’. 

Recommendations. 


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PUBLIC LAW 112–239—JAN. 2, 2013 126 STAT. 2111 

SEC. 1804. STAFFING FOR ADEQUATE FIRE AND EMERGENCY 

RESPONSE. 

(a) IMPROVEMENTS TO HIRING GRANTS.— (1) TERM OF GRANTS.—Subparagraph (B) of section 34(a)(1) 

of the Federal Fire Prevention and Control Act of 1974 (15 

U.S.C. 2229a(a)(1)) is amended to read as follows: 

‘‘(B) Grants made under this paragraph shall be for 3 

years and be used for programs to hire new, additional firefighters.’’. 

(2) LIMITATION OF PORTION OF COSTS OF HIRING FIRE- FIGHTERS.—Subparagraph (E) of such section is amended to 

read as follows: 

‘‘(E) The portion of the costs of hiring firefighters provided 

by a grant under this paragraph may not exceed— 

‘‘(i) 75 percent in the first year of the grant; 

‘‘(ii) 75 percent in the second year of the grant; and 

‘‘(iii) 35 percent in the third year of the grant.’’. 

(b) CLARIFICATION REGARDING ELIGIBLE ENTITIES FOR RECRUIT- MENT AND RETENTION GRANTS.—The second sentence of section 

34(a)(2) of such Act (15 U.S.C. 2229a(a)(2)) is amended by striking 

‘‘organizations on a local or statewide basis’’ and inserting ‘‘national, 

State, local, or tribal organizations’’. 

(c) MAXIMUM AMOUNT FOR HIRING A FIREFIGHTER.—Paragraph 

(4) of section 34(c) of such Act (15 U.S.C. 2229a(c)) is amended 

to read as follows: 

‘‘(4) The amount of funding provided under this section to 

a recipient fire department for hiring a firefighter in any fiscal 

year may not exceed— 

‘‘(A) in the first year of the grant, 75 percent of the usual 

annual cost of a first-year firefighter in that department at 

the time the grant application was submitted; 

‘‘(B) in the second year of the grant, 75 percent of the 

usual annual cost of a first-year firefighter in that department 

at the time the grant application was submitted; and 

‘‘(C) in the third year of the grant, 35 percent of the 

usual annual cost of a first-year firefighter in that department 

at the time the grant application was submitted.’’. 

(d) WAIVERS.—Section 34 of such Act (15 U.S.C. 2229a) is 

amended— 

(1) by redesignating subsections (d) through (i) as subsections (e) through (j), respectively; and 

(2) by inserting after subsection (c) the following: 

‘‘(d) WAIVERS.— 

‘‘(1) IN GENERAL.—In a case of demonstrated economic hardship, the Administrator of FEMA may— 

‘‘(A) waive the requirements of subsection (c)(1); or 

‘‘(B) waive or reduce the requirements in subsection 

(a)(1)(E) or subsection (c)(2). 

‘‘(2) GUIDELINES.— 

‘‘(A) IN GENERAL.—The Administrator of FEMA shall 

establish and publish guidelines for determining what constitutes economic hardship for purposes of paragraph (1). 

‘‘(B) CONSULTATION.—In developing guidelines under 

subparagraph (A), the Administrator of FEMA shall consult 

with individuals who are— 

‘‘(i) recognized for expertise in firefighting, emergency medical services provided by fire services, or 

Publication. 


dkrause on DSKHT7XVN1PROD with KATH
126 STAT. 2112 PUBLIC LAW 112–239—JAN. 2, 2013 

the economic affairs of State and local governments; 

and 

‘‘(ii) members of national fire service organizations 

or national organizations representing the interests 

of State and local governments. 

‘‘(C) CONSIDERATIONS.—In developing guidelines under 

subparagraph (A), the Administrator of FEMA shall consider, with respect to relevant communities, the following: 

‘‘(i) Changes in rates of unemployment from previous years. 

‘‘(ii) Whether the rates of unemployment of the 

relevant communities are currently and have consistently exceeded the annual national average rates of 

unemployment. 

‘‘(iii) Changes in percentages of individuals eligible 

to receive food stamps from previous years. 

‘‘(iv) Such other factors as the Administrator of 

FEMA considers appropriate.’’. 

(e) IMPROVEMENTS TO PERFORMANCE EVALUATION REQUIREMENTS.—Subsection (e) of section 34 of such Act (15 U.S.C. 2229a), 

as redesignated by subsection (d)(1) of this section, is amended 

by inserting before the first sentence the following: 

‘‘(1) IN GENERAL.—The Administrator of FEMA shall establish a performance assessment system, including quantifiable 

performance metrics, to evaluate the extent to which grants 

awarded under this section are furthering the purposes of this 

section. 

‘‘(2) SUBMITTAL OF INFORMATION.—’’. 

(f) REPORT.— 

(1) IN GENERAL.—Subsection (f) of section 34 of such Act 

(15 U.S.C. 2229a), as redesignated by subsection (d)(1) of this 

section, is amended by striking ‘‘The authority’’ and all that 

follows through ‘‘Congress concerning’’ and inserting the following: ‘‘Not later than September 30, 2014, the Administrator 

of FEMA shall submit to the Committee on Homeland Security 

and Governmental Affairs of the Senate and the Committee 

on Science and Technology and the Committee on Transportation and Infrastructure of the House of Representatives a 

report on’’. 

(2) CONFORMING AMENDMENT.—The heading for subsection 

(f) of section 34 of such Act (15 U.S.C. 2229a), as redesignated 

by subsection (d)(1) of this section, is amended by striking 

‘‘SUNSET AND REPORTS’’ and inserting ‘‘REPORT’’. 

(g) ADDITIONAL DEFINITIONS.— 

(1) IN GENERAL.—Subsection (i) of section 34 of such Act 

(15 U.S.C. 2229a), as redesignated by subsection (d)(1) of this 

section, is amended— 

(A) in the matter before paragraph (1), by striking 

‘‘In this section, the term—’’ and inserting ‘‘In this section:’’; 

(B) in paragraph (1)— 

(i) by inserting ‘‘The term’’ before ‘‘ ‘firefighter’ 

has’’; and 

(ii) by striking ‘‘; and’’ and inserting a period; 

(C) by striking paragraph (2); and 

(D) by inserting at the end the following: 

Assessment. 


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PUBLIC LAW 112–239—JAN. 2, 2013 126 STAT. 2113 

‘‘(2) The terms ‘Administrator of FEMA’, ‘career fire department’, ‘combination fire department’, and ‘volunteer fire department’ have the meanings given such terms in section 33(a).’’. 

(2) CONFORMING AMENDMENT.—Section 34(a)(1)(A) of such 

Act (15 U.S.C. 2229a(a)(1)(A)) is amended by striking ‘‘career, 

volunteer, and combination fire departments’’ and inserting 

‘‘career fire departments, combination fire departments, and 

volunteer fire departments’’. 

(h) AUTHORIZATION OF APPROPRIATIONS.— 

(1) IN GENERAL.—Subsection (j) of section 34 of such Act 

(15 U.S.C. 2229a), as redesignated by subsection (d)(1) of this 

section, is amended— 

(A) in paragraph (6), by striking ‘‘and’’ at the end; 

(B) in paragraph (7), by striking the period at the 

end and inserting ‘‘; and’’; and 

(C) by adding at the end the following: 

‘‘(8) $750,000,000 for fiscal year 2013; and 

‘‘(9) for each of fiscal years 2014 through 2017, an amount 

equal to the amount authorized for the previous fiscal year 

increased by the percentage by which— 

‘‘(A) the Consumer Price Index (all items, United States 

city average) for the previous fiscal year, exceeds 

‘‘(B) the Consumer Price Index for the fiscal year preceding the fiscal year described in subparagraph (A).’’. 

(2) ADMINISTRATIVE EXPENSES.—Such subsection (j) is further amended— 

(A) in paragraph (9), as added by paragraph (1) of 

this subsection, by redesignating subparagraphs (A) and 

(B) as clauses (i) and (ii), respectively, and moving the 

left margin of such clauses, as so redesignated, 2 ems 

to the right; 

(B) by redesignating paragraphs (1) through (9) as 

subparagraphs (A) through (I), respectively, and moving 

the left margin of such subparagraphs, as so redesignated, 

2 ems to the right; 

(C) by striking ‘‘There are’’ and inserting the following: 

‘‘(1) IN GENERAL.—There are’’; and 

(D) by adding at the end the following: 

‘‘(2) ADMINISTRATIVE EXPENSES.—Of the amounts appropriated pursuant to paragraph (1) for a fiscal year, the Administrator of FEMA may use not more than 5 percent of such 

amounts to cover salaries and expenses and other administrative costs incurred by the Administrator of FEMA to make 

grants and provide assistance under this section.’’. 

(3) CONGRESSIONALLY DIRECTED SPENDING.—Such subsection (j) is further amended by adding at the end the following: 

‘‘(3) CONGRESSIONALLY DIRECTED SPENDING.—Consistent 

with the requirement in subsection (a) that grants under this 

section be awarded on a competitive basis, none of the funds 

appropriated pursuant to this subsection may be used for any 

congressionally direct spending item (as defined under the rules 

of the Senate and the House of Representatives).’’. 

(i) TECHNICAL AMENDMENT.—Section 34 of such Act (15 U.S.C. 

2229a) is amended by striking ‘‘Administrator’’ each place it appears 

and inserting ‘‘Administrator of FEMA’’. 


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126 STAT. 2114 PUBLIC LAW 112–239—JAN. 2, 2013 

(j) CLERICAL AMENDMENT.—Such section is further amended 

in the heading by striking ‘‘EXPANSION OF PRE-SEPTEMBER 11, 2001, FIRE GRANT PROGRAM’’ and inserting the following: ‘‘STAFFING

FOR ADEQUATE FIRE AND EMERGENCY RESPONSE’’. 

(k) SUNSET OF AUTHORITY TO AWARD HIRING GRANTS.—Such 

section is further amended by adding at the end the following: 

‘‘(k) SUNSET OF AUTHORITIES.—The authority to award assistance and grants under this section shall expire on the date that 

is 5 years after the date of the enactment of the Fire Grants 

Reauthorization Act of 2012.’’. 

SEC. 1805. SENSE OF CONGRESS ON VALUE AND FUNDING OF ASSISTANCE TO FIREFIGHTERS AND STAFFING FOR ADEQUATE 

FIRE AND EMERGENCY RESPONSE PROGRAMS. 

It is the sense of Congress that— 

(1) the grants and assistance awarded under sections 33 

and 34 of the Federal Fire Prevention and Control Act of 

1974 (15 U.S.C. 2229 and 2229a) have proven equally valuable 

in protecting the health and safety of the public and firefighting 

personnel throughout the United States against fire and firerelated hazards; and 

(2) providing parity in funding for the awarding of grants 

and assistance under both such sections will ensure that the 

grant and assistance programs under such sections can continue 

to serve their complementary purposes. 

SEC. 1806. REPORT ON AMENDMENTS TO ASSISTANCE TO FIREFIGHTERS AND STAFFING FOR ADEQUATE FIRE AND 

EMERGENCY RESPONSE PROGRAMS. 

(a) IN GENERAL.—Not later than September 30, 2016, the Comptroller General of the United States shall submit to the Committee 

on Homeland Security and Governmental Affairs of the Senate 

and the Committee on Science and Technology of the House of 

Representatives a report on the effect of the amendments made 

by this subtitle. 

(b) CONTENTS.—The report required by subsection (a) shall 

include the following: 

(1) An assessment of the effect of the amendments made 

by sections 1803 and 1804 on the effectiveness, relative allocation, accountability, and administration of the grants and 

assistance awarded under sections 33 and 34 of the Federal 

Fire Prevention and Control Act of 1974 (15 U.S.C. 2229 and 

2229a) after the date of the enactment of this Act. 

(2) An evaluation of the extent to which the amendments 

made by sections 1803 and 1804 have enabled recipients of 

grants and assistance awarded under such sections 33 and 

34 after the date of the enactment of this Act to mitigate 

fire and fire-related and other hazards more effectively. 

SEC. 1807. STUDIES AND REPORTS ON THE STATE OF FIRE SERVICES. 

(a) DEFINITIONS.—In this section: 

(1) ADMINISTRATOR.—The term ‘‘Administrator’’ means the 

Administrator of the United States Fire Administration. 

(2) CAREER FIRE DEPARTMENT, COMBINATION FIRE DEPARTMENT, VOLUNTEER FIRE DEPARTMENT.—The terms ‘‘career fire 

department’’, ‘‘combination fire department’’, and ‘‘volunteer fire 

department’’ have the meanings given such terms in section 

Evaluation. 

Assessment. 


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PUBLIC LAW 112–239—JAN. 2, 2013 126 STAT. 2115 

33(a) of the Federal Fire Prevention and Control Act of 1974 

(15 U.S.C. 2229(a)), as amended by section 1803. 

(3) FIRE SERVICE.—The term ‘‘fire service’’ has the meaning 

given such term in section 4 of the Federal Fire Prevention 

and Control Act of 1974 (15 U.S.C. 2203). 

(b) STUDY AND REPORT ON COMPLIANCE WITH STAFFING STANDARDS.— 

(1) STUDY.—The Administrator shall conduct a study on 

the level of compliance with national voluntary consensus 

standards for staffing, training, safe operations, personal 

protective equipment, and fitness among the fire services of 

the United States. 

(2) SURVEY.— 

(A) IN GENERAL.—In carrying out the study required 

by paragraph (1), the Administrator shall carry out a 

survey of fire services to assess the level of compliance 

of such fire services with the standards described in such 

paragraph. 

(B) ELEMENTS.—The survey required by subparagraph 

(A) shall— 

(i) include career fire departments, volunteer fire 

departments, combination fire departments, and fire 

departments serving communities of different sizes, 

and such other distinguishing factors as the Administrator considers relevant; 

(ii) employ methods to ensure that the survey 

accurately reflects the actual rate of compliance with 

the standards described in paragraph (1) among fire 

services; and 

(iii) determine the extent of barriers and challenges to achieving compliance with the standards 

described in paragraph (1) among fire services. 

(C) AUTHORITY TO CARRY OUT SURVEY WITH NONPROFIT.—If the Administrator determines that it will reduce 

the costs incurred by the United States Fire Administration 

in carrying out the survey required by subparagraph (A), 

the Administrator may carry out such survey in conjunction 

with a nonprofit organization that has substantial expertise 

and experience in the following areas: 

(i) The fire services. 

(ii) National voluntary consensus standards. 

(iii) Contemporary survey methods. 

(3) REPORT ON FINDINGS OF STUDY.— 

(A) IN GENERAL.—Not later than 2 years after the 

date of the enactment of this Act, the Administrator shall 

submit to Congress a report on the findings of the Administrator with respect to the study required by paragraph 

(1). 

(B) CONTENTS.—The report required by subparagraph 

(A) shall include the following: 

(i) An accurate description, based on the results 

of the survey required by paragraph (2)(A), of the 

rate of compliance with the standards described in 

paragraph (1) among United States fire services, 

including a comparison of the rates of compliance 

Determination. 


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126 STAT. 2116 PUBLIC LAW 112–239—JAN. 2, 2013 

among career fire departments, volunteer fire departments, combination fire departments, and fire departments serving communities of different sizes, and such 

other comparisons as Administrator considers relevant. 

(ii) A description of the challenges faced by different types of fire departments and different types 

of communities in complying with the standards 

described in paragraph (1). 

(c) TASK FORCE TO ENHANCE FIREFIGHTER SAFETY.— (1) ESTABLISHMENT.—Not later than 60 days after the date 

of the enactment of this Act, the Secretary of Homeland Security shall establish a task force to be known as the ‘‘Task 

Force to Enhance Firefighter Safety’’ (in this subsection referred 

to as the ‘‘Task Force’’). 

(2) MEMBERSHIP.— (A) IN GENERAL.—Members of the Task Force shall 

be appointed by the Secretary from among the general 

public and shall include the following: 

(i) Representatives of national organizations representing firefighters and fire chiefs. 

(ii) Individuals representing standards-setting and 

accrediting organizations, including representatives 

from the voluntary consensus codes and standards 

development community. 

(iii) Such other individuals as the Secretary considers appropriate. 

(B) REPRESENTATIVES OF OTHER DEPARTMENTS AND

AGENCIES.—The Secretary may invite representatives of 

other Federal departments and agencies that have an 

interest in fire services to participate in the meetings and 

other activities of the Task Force. 

(C) NUMBER; TERMS OF SERVICE; PAY AND ALLOWANCES.—The Secretary shall determine the number, terms 

of service, and pay and allowances of members of the 

Task Force appointed by the Secretary, except that a term 

of service of any such member may not exceed 2 years. 

(3) RESPONSIBILITIES.—The Task Force shall— 

(A) consult with the Secretary in the conduct of the 

study required by subsection (b)(1); and 

(B) develop a plan to enhance firefighter safety by 

increasing fire service compliance with the standards 

described in subsection (b)(1), including by— 

(i) reviewing and evaluating the report required 

by subsection (b)(3)(A) to determine the extent of and 

barriers to achieving compliance with the standards 

described in subsection (b)(1) among fire services; and 

(ii) considering ways in which the Federal Government, States, and local governments can promote or 

encourage fire services to comply with such standards. 

(4) REPORT.— 

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

date on which the Secretary submits the report required 

by subsection (b)(3)(A), the Task Force shall submit to 

Congress and the Secretary a report on the activities and 

findings of the Task Force. 

(B) CONTENTS.—The report required by subparagraph 

(A) shall include the following: 

Review. 

Evaluation. 

Plans. 

Consultation. 

Determination. 

Deadline. 


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PUBLIC LAW 112–239—JAN. 2, 2013 126 STAT. 2117 

(i) The findings and recommendations of the Task 

Force with respect to the study carried out under subsection (b)(1). 

(ii) The plan developed under paragraph (3)(B). 

(d) STUDY AND REPORT ON THE NEEDS OF FIRE SERVICES.— (1) STUDY.—The Administrator shall conduct a study— 

(A) to define the current roles and activities associated 

with fire services on a national, State, regional, and local 

level; 

(B) to identify the equipment, staffing, and training 

required to fulfill the roles and activities defined under 

subparagraph (A); 

(C) to conduct an assessment to identify gaps between 

what fire services currently possess and what they require 

to meet the equipment, staffing, and training needs identified under subparagraph (B) on a national and State-byState basis; and 

(D) to measure the impact of the grant and assistance 

program under section 33 of the Federal Fire Prevention 

and Control Act of 1974 (15 U.S.C. 2229) in meeting the 

needs of fire services and filling the gaps identified under 

subparagraph (C). 

(2) REPORT.—Not later than 2 years after the date of the 

enactment of this title, the Administrator shall submit to Congress a report on the findings of the Administrator with respect 

to the study conducted under paragraph (1). 

(e) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 

to be appropriated to the Administrator to carry out this section— 

(1) $600,000 for fiscal year 2013; and 

(2) $600,000 for fiscal year 2014. 

Subtitle B—Reauthorization of United 

States Fire Administration 

SEC. 1811. SHORT TITLE. 

This subtitle may be cited as the ‘‘United States Fire Administration Reauthorization Act of 2012’’. 

SEC. 1812. CLARIFICATION OF RELATIONSHIP BETWEEN UNITED 

STATES FIRE ADMINISTRATION AND FEDERAL EMERGENCY MANAGEMENT AGENCY. 

Section 5(c) of the Federal Fire Prevention and Control Act 

of 1974 (15 U.S.C. 2204) is amended to read as follows: 

‘‘(c) DEPUTY ADMINISTRATOR.—The Administrator may appoint 

a Deputy Administrator, who shall— 

‘‘(1) perform such functions as the Administrator shall from 

time to time assign or delegate; and 

‘‘(2) act as Administrator during the absence or disability 

of the Administrator or in the event of a vacancy in the office 

of Administrator.’’. 

SEC. 1813. MODIFICATION OF AUTHORITY OF ADMINISTRATOR TO EDUCATE PUBLIC ABOUT FIRE AND FIRE PREVENTION. 

Section 6 of the Federal Fire Prevention and Control Act of 

1974 (15 U.S.C. 2205) is amended by striking ‘‘to take all steps’’ 

and all that follows through ‘‘fire and fire prevention.’’ and inserting 

United States 

Fire 

Administration 

Reauthorization 

Act of 2012. 

15 USC 2201 

note. 

Assessment. 


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126 STAT. 2118 PUBLIC LAW 112–239—JAN. 2, 2013 

‘‘to take such steps as the Administrator considers appropriate 

to educate the public and overcome public indifference as to fire, 

fire prevention, and individual preparedness.’’. 

SEC. 1814. AUTHORIZATION OF APPROPRIATIONS. 

Section 17(g)(1) of the Federal Fire Prevention and Control 

Act of 1974 (15 U.S.C. 2216(g)(1)) is amended— 

(1) in subparagraph (G), by striking ‘‘and’’ at the end; 

(2) in subparagraph (H), by striking the period at the 

end and inserting a semicolon; 

(3) by adding after subparagraph (H) the following: 

‘‘(I) $76,490,890 for fiscal year 2013, of which $2,753,672 

shall be used to carry out section 8(f); 

‘‘(J) $76,490,890 for fiscal year 2014, of which $2,753,672 

shall be used to carry out section 8(f); 

‘‘(K) $76,490,890 for fiscal year 2015, of which $2,753,672 

shall be used to carry out section 8(f); 

‘‘(L) $76,490,890 for fiscal year 2016, of which $2,753,672 

shall be used to carry out section 8(f); and 

‘‘(M) $76,490,890 for fiscal year 2017, of which $2,753,672 

shall be used to carry out section 8(f).’’; and 

(4) in subparagraphs (E) through (H), by moving each 

margin 2 ems to the left. 

SEC. 1815. REMOVAL OF LIMITATION. 

Section 9(d) of the Federal Fire Prevention and Control Act 

of 1974 (15 U.S.C. 2208(d)) is amended— 

(1) by striking ‘‘UPDATE.—’’ and all that follows through 

‘‘The Administrator’’ and inserting ‘‘UPDATE.—The Administrator’’; and 

(2) by striking paragraph (2). 

DIVISION B—MILITARY CONSTRUCTION 

AUTHORIZATIONS 

SEC. 2001. SHORT TITLE. 

This division may be cited as the ‘‘Military Construction 

Authorization Act for Fiscal Year 2013’’. 

SEC. 2002. EXPIRATION OF AUTHORIZATIONS AND AMOUNTS 

REQUIRED TO BE SPECIFIED BY LAW. 

(a) EXPIRATION OF AUTHORIZATIONS AFTER THREE YEARS.— 

Except as provided in subsection (b), all authorizations contained 

in titles XXI through XXVII and title XXIX of this division for 

military construction projects, land acquisition, family housing 

projects and facilities, and contributions to the North Atlantic 

Treaty Organization Security Investment Program (and authorizations of appropriations therefor) shall expire on the later of— 

(1) October 1, 2015; or 

(2) the date of the enactment of an Act authorizing funds 

for military construction for fiscal year 2016. 

(b) EXCEPTION.—Subsection (a) shall not apply to authorizations 

for military construction projects, land acquisition, family housing 

projects and facilities, and contributions to the North Atlantic 

Time periods. 

Military 

Construction 

Authorization 

Act for Fiscal 

Year 2013. 


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PUBLIC LAW 112–239—JAN. 2, 2013 126 STAT. 2119 

Treaty Organization Security Investment Program (and authorizations of appropriations therefor), for which appropriated funds have 

been obligated before the later of— 

(1) October 1, 2015; or 

(2) the date of the enactment of an Act authorizing funds 

for fiscal year 2016 for military construction projects, land 

acquisition, family housing projects and facilities, or contributions to the North Atlantic Treaty Organization Security Investment Program. 

TITLE XXI—ARMY MILITARY 

CONSTRUCTION 

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

Sec. 2102. Family housing. 

Sec. 2103. Authorization of appropriations, Army. 

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

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

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

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

normalization. 

Sec. 2108. Limitation on project authorization to carry out certain fiscal year 2013 

project. 

SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION PROJECTS. 

(a) INSIDE THE UNITED STATES.—Using amounts appropriated 

pursuant to the authorization of appropriations in section 2103(a) 

and available for military construction projects inside the United 

States as specified in the funding table in section 4601, the Secretary of the Army may acquire real property and carry out military 

construction projects for the installations or locations inside the 

United States, and in the amounts, set forth in the following table: 

Army: Inside the United States 

State Installation or Location Amount 

Alaska ..................... Fort Wainwright ....................................... $10,400,000 

Joint Base Elmendorf-Richardson .......... $7,900,000 

California ................ Concord ..................................................... $8,900,000 

Colorado .................. Fort Carson ............................................... $18,000,000 

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 ................................................ $68,000,000 

Oklahoma ................ Fort Sill ..................................................... $4,900,000 


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126 STAT. 2120 PUBLIC LAW 112–239—JAN. 2, 2013 

Army: Inside the United States—Continued 

State Installation or Location Amount 

South Carolina ....... Fort Jackson ............................................. $24,000,000 

Texas ....................... Corpus Christi .......................................... $37,200,000 

Fort Bliss .................................................. $7,200,000 

Fort Hood .................................................. $51,200,000 

Joint Base San Antonio ........................... $21,000,000 

Virginia ................... Fort Belvoir .............................................. $94,000,000 

Fort Lee .................................................... $81,000,000 

Washington ............. Joint Base Lewis-McChord ...................... $164,000,000 

Yakima ...................................................... $5,100,000 

(b) OUTSIDE THE UNITED STATES.—Using amounts appropriated 

pursuant to the authorization of appropriations in section 2103(a) 

and available for military construction projects outside the United 

States as specified in the funding table in section 4601, the Secretary of the Army may acquire real property and carry out military 

construction projects for the installations or locations outside the 

United States, and in the amounts, set forth in the following table: 

Army: Outside the United States 

Country Installation or Location Amount 

Italy .......................... Camp Ederle .............................................. $36,000,000 

Vicenza ....................................................... $32,000,000 

Japan ........................ Okinawa ..................................................... $78,000,000 

Sagami ....................................................... $18,000,000 

Korea ........................ Camp Humphreys ..................................... $45,000,000 

SEC. 2102. FAMILY HOUSING. 

Using amounts appropriated pursuant to the authorization of 

appropriations in section 2103(a) and available for military family 

housing functions as specified in the funding table in section 4601, 

the Secretary of the Army may carry out architectural and 

engineering services and construction design activities with respect 

to the construction or improvement of family housing units in 

an amount not to exceed $4,641,000. 

SEC. 2103. AUTHORIZATION OF APPROPRIATIONS, ARMY. 

(a) AUTHORIZATION OF APPROPRIATIONS.—Funds are hereby 

authorized to be appropriated for fiscal years beginning after September 30, 2012, for military construction, land acquisition, and 

military family housing functions of the Department of the Army 

as specified in the funding table in section 4601. 

(b) LIMITATION ON TOTAL COST OF CONSTRUCTION PROJECTS.— 

Notwithstanding the cost variations authorized by section 2853 

of title 10, United States Code, and any other cost variation authorized by law, the total cost of all projects carried out under section 

2101 of this Act may not exceed the sum of the following: 

(1) The total amount authorized to be appropriated under 

subsection (a), as specified in the funding table in section 

4601. 


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PUBLIC LAW 112–239—JAN. 2, 2013 126 STAT. 2121 

(2) $106,000,000 (the balance of the amount authorized 

under section 2101(a) for cadet barracks increment 1 at the 

United States Military Academy, New York). 

SEC. 2104. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN 

FISCAL YEAR 2010 PROJECT. 

In the case of the authorization contained in the table in 

section 2101(a) of the Military Construction Authorization Act for 

Fiscal Year 2010 (division B of Public Law 111–84; 123 Stat. 2628) 

for Fort Belvoir, Virginia, for construction of a Road and Access 

Control Point at the installation, the Secretary of the Army may 

construct a standard design Access Control Point consistent with 

the Army’s construction guidelines for Access Control Points. 

SEC. 2105. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 

2009 PROJECTS. 

(a) EXTENSION.—Notwithstanding section 2002 of the Military 

Construction Authorization Act for Fiscal Year 2009 (division B 

of Public Law 110–417; 122 Stat. 4658), authorizations set forth 

in the table in subsection (b), as provided in section 2101 of that 

Act (122 Stat. 4659), shall remain in effect until October 1, 2013, 

or the date of the enactment of an Act authorizing funds for military 

construction for fiscal year 2014, whichever is later. 

(b) TABLE.—The table referred to in subsection (a) is as follows: 

Army: Extension of 2009 Project Authorizations 

State Installation 

or Location Project Amount 

Alabama ............. Anniston 

Army Depot.

Lake Yard Interchange ............ $1,400,000 

New Jersey ........ Picatinny Arsenal.Ballistic evaluation Facility 

Phase I .................................. $9,900,000 

SEC. 2106. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 

2010 PROJECTS. 

(a) EXTENSION.—Notwithstanding section 2002 of the Military 

Construction Authorization Act for Fiscal Year 2010 (division B 

of Public Law 111–84; 123 Stat. 2627), authorizations set forth 

in the table in subsection (b), as provided in section 2101 of that 

Act (123 Stat. 2628), shall remain in effect until October 1, 2013, 

or the date of the enactment of an Act authorizing funds for military 

construction for fiscal year 2014, whichever is later. 

(b) TABLE.—The table referred to in subsection (a) is as follows: 

Army: Extension of 2010 Project Authorizations 

State Installation 

or Location Project Amount 

Louisiana .......... Fort Polk ...... Land Purchases and 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 

Termination 

date. 

Termination 

date. 


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126 STAT. 2122 PUBLIC LAW 112–239—JAN. 2, 2013 

Army: Extension of 2010 Project Authorizations—Continued 

State Installation 

or Location Project Amount 

Washington ...... Fort Lewis ... Fort Lewis-McChord AFB 

Joint Access .................... $9,000,000 

Kuwait .............. Kuwait ......... APS Warehouses ................ $82,000,000 

SEC. 2107. EXTENSION OF LIMITATION ON OBLIGATION OR EXPENDITURE OF FUNDS FOR TOUR NORMALIZATION. 

Section 2111 of the Military Construction Authorization Act 

for Fiscal Year 2012 (division B of Public Law 112–81; 125 Stat. 

1665) is amended in the matter preceding paragraph (1) by inserting 

after ‘‘under this Act’’ the following: ‘‘or an Act authorizing funds 

for military construction for fiscal year 2013’’. 

SEC. 2108. LIMITATION ON PROJECT AUTHORIZATION TO CARRY OUT 

CERTAIN FISCAL YEAR 2013 PROJECT. 

The Secretary of the Army may not obligate or expend any 

funds authorized in this title for the construction of a cadet barracks 

at the United States Military Academy, West Point, New York, 

until the Secretary of the Army— 

(1) submits to the congressional defense committees, as 

part of the future-years defense program submitted to Congress 

during 2013 under section 221 of title 10, United States Code, 

a plan showing programmed investments to renovate existing 

cadet barracks at the United States Military Academy; and 

(2) certifies to the congressional defense committees that 

the Secretary has entered into a contract for the renovation 

of Scott Barracks at the United States Military Academy. 

TITLE XXII—NAVY MILITARY 

CONSTRUCTION 

Sec. 2201. Authorized Navy construction and land acquisition projects. 

Sec. 2202. Family housing. 

Sec. 2203. Improvements to military family housing units. 

Sec. 2204. Authorization of appropriations, Navy. 

Sec. 2205. Modification of authority to carry out certain fiscal year 2012 project. 

Sec. 2206. Extension of authorizations of certain fiscal year 2009 projects. 

Sec. 2207. Extension of authorizations of certain fiscal year 2010 projects. 

SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISITION PROJECTS. 

(a) INSIDE THE UNITED STATES.—Using amounts appropriated 

pursuant to the authorization of appropriations in section 2204(a) 

and available for military construction projects inside the United 

States as specified in the funding table in section 4601, the Secretary of the Navy may acquire real property and carry out military 

construction projects for the installations or locations inside the 

United States, and in the amounts, set forth in the following table: 

Navy: Inside the United States 

State Installation or Location Amount 

Arizona .................... Yuma .......................................................... $29,285,000 

Certification. 

Contracts. 

Plans. 


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Navy: Inside the United States—Continued 

State Installation or Location Amount 

California ................ Camp Pendleton ........................................ $88,110,000 

Coronado .................................................... $78,541,000 

Miramar ..................................................... $27,897,000 

Point Mugu ................................................ $12,790,000 

San Diego ................................................... $71,188,000 

Seal Beach ................................................. $30,594,000 

Twentynine Palms .................................... $47,270,000 

Florida ..................... Jacksonville ............................................... $21.980,000 

Hawaii ..................... Kaneohe Bay ............................................. $97,310,000 

Mississippi ............... Meridian .................................................... $10,926,000 

New Jersey .............. Earle ........................................................... $33,498,000 

North Carolina ....... Camp Lejeune ........................................... $69,890,000 

Cherry Point Marine Corps Air Station .. $45,891,000 

New River .................................................. $8,525,000 

South Carolina ....... Beaufort ..................................................... $81,780,000 

Parris Island .............................................. $10,135,000 

Virginia ................... Dahlgren .................................................... $28,228,000 

Oceana Naval Air Station ........................ $39,086,000 

Portsmouth ................................................ $32,706,000 

Quantico ..................................................... $58,714,000 

Yorktown .................................................... $48,823,000 

Washington ............. Whidbey Island ......................................... $6,272,000 

(b) OUTSIDE THE UNITED STATES.—Using amounts appropriated 

pursuant to the authorization of appropriations in section 2204(a) 

and available for military construction projects outside the United 

States as specified in the funding table in section 4601, the Secretary of the Navy may acquire real property and carry out military 

construction projects for the installation or location outside the 

United States, and in the amounts, set forth in the following table: 

Navy: Outside the United States 

Country Installation or Location Amount 

Bahrain ..................... SW Asia ...................................................... $51,348,000 

Diego Garcia ............ Diego Garcia ............................................... $1,691,000 

Greece ........................ Souda Bay ................................................... $25,123,000 

Japan ......................... Iwakuni ....................................................... $13,138,000 

Okinawa ...................................................... $8,206,000 

Romania .................... Deveselu ...................................................... $45,205,000 

Spain ......................... Rota ............................................................. $17,215,000 

Worldwide (Unspecified) ....................... Unspecified Worldwide Locations ............. $34,048,000 

SEC. 2202. FAMILY HOUSING. 

Using amounts appropriated pursuant to the authorization of 

appropriations in section 2204(a) and available for military family 

housing functions as specified in the funding table in section 4601, 

the Secretary of the Navy may carry out architectural and 

engineering services and construction design activities with respect 

to the construction or improvement of family housing units in 

an amount not to exceed $4,527,000. 


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126 STAT. 2124 PUBLIC LAW 112–239—JAN. 2, 2013 

SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS. 

Subject to section 2825 of title 10, United States Code, and 

using amounts appropriated pursuant to the authorization of appropriations in section 2204(a) and available for military family housing 

functions, the Secretary of the Navy may improve existing military 

family housing units in an amount not to exceed $97,655,000. 

SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY. 

(a) AUTHORIZATION OF APPROPRIATIONS.—Funds are hereby 

authorized to be appropriated for fiscal years beginning after September 30, 2012, for military construction, land acquisition, and 

military family housing functions of the Department of the Navy, 

as specified in the funding table in section 4601. 

(b) LIMITATION ON TOTAL COST OF CONSTRUCTION PROJECTS.— 

Notwithstanding the cost variations authorized by section 2853 

of title 10, United States Code, and any other cost variation authorized by law, the total cost of all projects carried out under section 

2201 of this Act and the projects described in paragraphs (2) and 

(3) of this subsection may not exceed the sum of the following: 

(1) The total amount authorized to be appropriated under 

subsection (a), as specified in the funding table in section 

4601. 

(2) $382,757,000 (the balance of the amount authorized 

under section 2201(a) of the Military Construction Authorization Act for Fiscal Year 2012 (division B of Public Law 112– 

81; 125 Stat. 1666) for an explosive handling wharf at Kitsap, 

Washington). 

(3) $68,196,000 (the balance of the amount authorized 

under section 2201(b) of the Military Construction Authorization Act for Fiscal Year 2010 (division B of Public Law 111– 

84; 123 Stat. 2633) for ramp parking at Joint Region Marianas, 

Guam). 

SEC. 2205. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN 

FISCAL YEAR 2012 PROJECT. 

In the case of the authorization contained in the table in 

section 2201(a) of the Military Construction Authorization Act for 

Fiscal Year 2012 (division B of Public Law 112–81; 125 Stat. 1666), 

for Kitsap (Bangor) Washington, for construction of Explosives Handling Wharf No. 2 at that location, the Secretary of the Navy 

may acquire fee or lesser real property interests to accomplish 

required environmental mitigation for the project using appropriations authorized for the project. 

SEC. 2206. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 

2009 PROJECTS. 

(a) EXTENSION.—Notwithstanding section 2002 of the Military 

Construction Authorization Act for Fiscal Year 2009 (division B 

of Public Law 110–417; 122 Stat. 4658), the authorization set forth 

in the table in subsection (b), as provided in section 2201 of that 

Act (122 Stat. 4670) and extended by section 2206 of the Military 

Construction Authorization Act for Fiscal Year 2012 (division B 

of Public Law 112–81; 125 Stat. 1668), shall remain in effect until 

October 1, 2013, or the date of an Act authorizing funds for military 

construction for fiscal year 2014, whichever is later. 

(b) TABLE.—The table referred to in subsection (a) is as follows: 

Termination 

date. 


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Navy: Extension of 2009 Project Authorization 

State/Country Installation or Location Project Amount 

California .................. Marine Corps Base, 

Camp Pendleton.

Operations Access 

Points, Red Beach $11,970,000 

Marine Corps Air 

Station, Miramar.

Emergency Response 

Station .................. $6,530,000 

District of Columbia Washington Navy 

Yard.

Child Development 

Center ................... $9,340,000 

SEC. 2207. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 

2010 PROJECTS. 

(a) EXTENSION.—Notwithstanding section 2002 of the Military 

Construction Authorization Act for Fiscal Year 2010 (division B 

of Public Law 111–84; 123 Stat. 2627), the authorization set forth 

in the table in subsection (b), as provided in section 2201 of that 

Act (123 Stat. 2632), shall remain in effect until October 1, 2013, 

or the date of an Act authorizing funds for military construction 

for fiscal year 2014, whichever is later. 

(b) TABLE.—The table referred to in subsection (a) is as follows: 

Navy: Extension of 2010 Project Authorization 

State/Country Installation or Location Project Amount 

California .................. Mountain Warfare 

Training Center, 

Bridgeport.

Mountain Warfare 

Training, Commissary ................. $6,830,000 

Maine ........................ Portsmouth Naval 

Shipyard.

Gate 2 Security Improvements ........... $7,090,000 

Djibouti ..................... Camp Lemonier ....... Security Fencing ..... $8,109,000 

Ammo Supply Point $21,689,000 

Interior Paved 

Roads .................... $7,275,000 

TITLE XXIII—AIR FORCE MILITARY 

CONSTRUCTION 

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

Sec. 2302. Family housing. 

Sec. 2303. Improvements to military family housing units. 

Sec. 2304. Authorization of appropriations, Air Force. 

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

SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND 

ACQUISITION PROJECTS. 

(a) INSIDE THE UNITED STATES.—Using amounts appropriated 

pursuant to the authorization of appropriations in section 2304(a) 

and available for military construction projects inside the United 

States as specified in the funding table in section 4601, the Secretary of the Air Force may acquire real property and carry out 

military construction projects for the installations or locations inside 

the United States, and in the amounts, set forth in the following 

table: 

Termination 

date. 


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Air Force: Inside the United States 

State Installation or Location Amount 

Arkansas ............................ Little Rock Air Force Base ........ $30,178,000 

Florida ................................ Tyndall Air Force Base ............. $14,750,000 

Georgia ............................... Fort Stewart ............................... $7,250,000 

Moody Air Force Base ............... $8,500,000 

New Mexico ........................ Holloman Air Force Base .......... $25,000,000 

North Dakota ..................... Minot Air Force Base ................ $4,600,000 

Texas .................................. Joint Base San Antonio ............. $18,000,000 

Utah ................................... Hill Air Force Base .................... $13,530,000 

(b) OUTSIDE THE UNITED STATES.—Using amounts appropriated 

pursuant to the authorization of appropriations in section 2304(a) 

and available for military construction projects outside the United 

States as specified in the funding table in section 4601, the Secretary of the Air Force may acquire real property and carry out 

military construction projects for the installations or locations outside the United States, and in the amounts, set forth in the following 

table: 

Air Force: Outside the United States 

Country Installation or Location Amount 

Greenland ................................ Thule Air Base ......................... $24,500,000 

Guam ......................................... Andersen Air Force Base ......... $58,000,000 

Italy .......................................... Aviano Air Base ....................... $9,400,000 

Portugal ................................... Lajes Field ................................ $2,000,000 

SEC. 2302. FAMILY HOUSING. 

Using amounts appropriated pursuant to the authorization of 

appropriations in section 2304(a) and available for military family 

housing functions as specified in the funding table in section 4601, 

the Secretary of the Air Force may carry out architectural and 

engineering services and construction design activities with respect 

to the construction or improvement of family housing units in 

an amount not to exceed $4,253,000. 

SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS. 

Subject to section 2825 of title 10, United States Code, and 

using amounts appropriated pursuant to the authorization of appropriations in section 2304 and available for military family housing 

functions as specified in the funding table in section 4601, the 

Secretary of the Air Force may improve existing military family 

housing units in an amount not to exceed $79,571,000. 

SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR FORCE. 

(a) AUTHORIZATION OF APPROPRIATIONS.—Funds are hereby 

authorized to be appropriated for fiscal years beginning after September 30, 2012, for military construction, land acquisition, and 

military family housing functions of the Department of the Air 

Force, as specified in the funding table in section 4601. 

(b) LIMITATION ON TOTAL COST OF CONSTRUCTION PROJECTS.— 

Notwithstanding the cost variations authorized by section 2853 

of title 10, United States Code, and any other cost variation authorized by law, the total cost of all projects carried out under section 


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PUBLIC LAW 112–239—JAN. 2, 2013 126 STAT. 2127 

2301 of this Act and the project described in paragraph (2) of 

this subsection may not exceed the sum of the following: 

(1) The total amount authorized to be appropriated under 

subsection (a), as specified in the funding table in section 

4601. 

(2) $205,000,000 (the balance of the amount authorized 

under section 2301(a) of the Military Construction Authorization Act for Fiscal Year 2012 (division B of Public Law 112– 

81; 125 Stat. 1670) for the United States Strategic Command 

Headquarters at Offutt Air Force Base, Nebraska). 

SEC. 2305. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 

2010 PROJECTS. 

(a) EXTENSION.—Notwithstanding section 2002 of the Military 

Construction Authorization Act for Fiscal Year 2010 (division B 

of Public Law 111–84; 123 Stat. 2627), authorizations set forth 

in the table in subsection (b), as provided in section 2301 of that 

Act (123 Stat. 2636), shall remain in effect until October 1, 2013, 

or the date of an Act authorizing funds for military construction 

for fiscal year 2014, whichever is later. 

(b) TABLE.—The table referred to in subsection (a) is as follows: 

Air Force: Extension of 2010 Project Authorization 

State Installation or 

Location Project Amount 

Missouri ......... Whiteman Air 

Force Base.

Land Acquisition North 

& South Boundary ....... $5,500,000 

Montana ........ Malmstrom Air 

Force Base.

Weapons Storage Area 

(WSA), Phase 2 ............ $10,600,000 

TITLE XXIV—DEFENSE AGENCIES 

MILITARY CONSTRUCTION 

Subtitle A—Defense Agency Authorizations 

Sec. 2401. Authorized Defense Agencies construction and land acquisition projects. 

Sec. 2402. Authorized energy conservation projects. 

Sec. 2403. Authorization of appropriations, Defense Agencies. 

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

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

Subtitle B—Chemical Demilitarization Authorizations 

Sec. 2411. Authorization of appropriations, chemical demilitarization construction, 

defense-wide. 

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

Subtitle A—Defense Agency Authorizations 

SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUCTION AND 

LAND ACQUISITION PROJECTS. 

(a) INSIDE THE UNITED STATES.—Using amounts appropriated 

pursuant to the authorization of appropriations in section 2403(a) 

and available for military construction projects inside the United 

States as specified in the funding table in section 4601, the Secretary of Defense may acquire real property and carry out military 

Termination 

date. 


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126 STAT. 2128 PUBLIC LAW 112–239—JAN. 2, 2013 

construction projects for the installations or locations inside the 

United States, and in the amounts, set forth in the following table: 

Defense Agencies: Inside the United States 

State Installation or Location Amount 

Arizona .............................. Marana ......................................... $6,477,000 

Yuma ............................................. $1,300,000 

California ......................... Coronado ....................................... $55,259,000 

DEF Fuel Support Point-San 

Diego .......................................... $91,563,000 

Edwards Air Force Base .............. $27,500,000 

Twentynine Palms ....................... $27,400,000 

Colorado ........................... Buckley Air Force Base ............... $30,000,000 

Fort Carson .................................. $56,673,000 

Pikes Peak .................................... $3,600,000 

Delaware ........................... Dover Air Force Base ................... $2,000,000 

Florida .............................. Eglin Air Force Base ................... $41,695,000 

Hurlburt Field .............................. $16,000,000 

MacDill Air Force Base ............... $34,409,000 

Hawaii .............................. Joint Base Pearl Harbor-Hickam $24,289,000 

Illinois .............................. Great Lakes .................................. $28,700,000 

Scott Air Force Base .................... $86,711,000 

Indiana .............................. Grissom Army Reserve Base ....... $26,800,000 

Kentucky .......................... Fort Campbell .............................. $71,639,000 

Louisiana ......................... Barksdale Air Force Base ........... $11,700,000 

Maryland ........................... Annapolis ...................................... $66,500,000 

Bethesda Naval Hospital ............. $69,200,000 

Fort Meade ................................... $128,600,000 

Missouri ........................... Fort Leonard Wood ...................... $18,100,000 

New Mexico ....................... Cannon Air Force Base ............... $93,085,000 

New York .......................... Fort Drum .................................... $43,200,000 

North Carolina ................ Camp Lejeune .............................. $80,064,000 

Fort Bragg .................................... $130,422,000 

Seymour Johnson Air Force Base $55,450,000 

Pennsylvania ................... DEF Distribution Depot New 

Cumberland .............................. $17,400,000 

South Carolina ................ Shaw Air Force Base ................... $57,200,000 

Texas ................................. Red River Army Depot ................ $16,715,000 

Virginia ............................ Joint Expeditionary Base Little 

Creek-Fort Story ....................... $11,132,000 

Norfolk .......................................... $8,500,000 

Washington ...................... Fort Lewis .................................... $50,520,000 

(b) OUTSIDE THE UNITED STATES.—Using amounts appropriated 

pursuant to the authorization of appropriations in section 2403(a) 

and available for military construction projects outside the United 

States as specified in the funding table in section 4601, the Secretary of Defense may acquire real property and carry out military 

construction projects for the installations or locations outside the 

United States, and in the amounts, set forth in the following table: 

Defense Agencies: Outside the United States 

Country Installation or Location Amount 

Belgium .................. Brussels ................................................... $26,969,000 


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PUBLIC LAW 112–239—JAN. 2, 2013 126 STAT. 2129 

Defense Agencies: Outside the United States—Continued 

Country Installation or Location Amount 

Germany ................ Stuttgart-Patch Barracks ....................... $2,413,000 

Vogelweh ................................................. $61,415,000 

Weisbaden ............................................... $52,178,000 

Guam ..................... Andersen Air Force Base ....................... $67,500,000 

Guantanamo Bay, 

Cuba.

Guantanamo Bay .................................... $40,200,000 

Japan ..................... Camp Zama ............................................. $13,273,000 

Kadena Air Base ..................................... $143,545,000 

Sasebo ...................................................... $35,733,000 

Zukeran ................................................... $79,036,000 

Korea ...................... Kunsan Air Base ..................................... $13,000,000 

Osan Air Base ......................................... $77,292,000 

Romania ................. Deveselu .................................................. $220,800,000 

United Kingdom ... Menwith Hill Station .............................. $50,283,000 

Royal Air Force Feltwell ........................ $30,811,000 

Royal Air Force Mildenhall .................... $6,490,000 

SEC. 2402. AUTHORIZED ENERGY CONSERVATION PROJECTS. 

(a) INSIDE THE UNITED STATES.—Using amounts appropriated 

pursuant to the authorization of appropriations in section 2403(a) 

and available for energy conservation projects inside the United 

States as specified in the funding table in section 4601, the Secretary of Defense may carry out energy conservation projects under 

chapter 173 of title 10, United States Code, for the installations 

or locations inside the United States, and in the amounts, set 

forth in the following table: 

Energy Conservation Projects: Inside the United States 

State Installation or Location Amount 

Alaska ..................... Clear ........................................................ $15,337,000 

California ............... Fort Hunter Liggett ................................ $9,600,000 

Parks RFTA ............................................ $9,256,000 

Colorado ................. Aerospace Data Facility ......................... $3,310,000 

Fort Carson ............................................. $4,000,000 

Hawaii .................... Joint Base Pearl Harbor Hickam .......... $6,610,000 

Missouri .................. Whiteman ................................................ $6,000,000 

North Carolina ....... Fort Bragg ............................................... $2,700,000 

MCB Camp Lejeune ............................... $5,701,000 

New Jersey ............. Sea Girt ................................................... $3,000,000 

Pennsylvania .......... NSA Mechanicsburg ............................... $19,926,000 

Susquehanna ........................................... $2,550,000 

Tobyhanna Army Depot ......................... $3,950,000 

Tennessee ............... Arnold ...................................................... $3,606,000 

Texas ...................... Fort Bliss ................................................. $5,700,000 

Fort Bliss ................................................. $2,600,000 

Laughlin .................................................. $4,800,000 

Virginia ................... MCB Quantico ......................................... $7,943,000 

Pentagon Reservation ............................. $2,360,000 

Pentagon Reservation ............................. $2,120,000 

Various Locations .. Various Locations ................................... $12,886,000 


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126 STAT. 2130 PUBLIC LAW 112–239—JAN. 2, 2013 

(b) OUTSIDE THE UNITED STATES.—Using amounts appropriated 

pursuant to the authorization of appropriations in section 2403(a) 

and available for energy conservation projects outside the United 

States as specified in the funding table in section 4601, the Secretary of Defense may carry out energy conservation projects under 

chapter 173 of title 10, United States Code, for the installations 

or locations outside the United States, and in the amounts, set 

forth in the following table: 

Energy Conservation Projects: Outside the United States 

Country Installation or Location Amount 

Italy ........................ Naval Air Station Sigonella ................... $6,121,000 

Spain ....................... Naval Station Rota ................................. $2,671,000 

Various Locations .. Various Locations ................................... $7,253,000 

SEC. 2403. AUTHORIZATION OF APPROPRIATIONS, DEFENSE AGENCIES. 

(a) AUTHORIZATION OF APPROPRIATIONS.—Funds are hereby 

authorized to be appropriated for fiscal years beginning after September 30, 2012, for military construction, land acquisition, and 

military family housing functions of the Department of Defense 

(other than the military departments), as specified in the funding 

table in section 4601. 

(b) LIMITATION ON TOTAL COST OF CONSTRUCTION PROJECTS.— 

Notwithstanding the cost variations authorized by section 2853 

of title 10, United States Code, and any other cost variation authorized by law, the total cost of all projects carried out under section 

2401 of this Act and the projects described in paragraphs (2) through 

(9) of this subsection may not exceed the sum of the following: 

(1) The total amount authorized to be appropriated under 

subsection (a), as specified in the funding table in section 

4601. 

(2) $13,965,000 (the balance of the amount authorized 

under section 2401(a) of the Military Construction Authorization Act for Fiscal Year 2007(division B of Public Law 119– 

364; 120 Stat. 2457) for the Army Medical Research Institute 

of Infectious Diseases Stage I at Fort Detrick, Maryland). 

(3) $103,600,000 (the balance of the amount authorized 

under section 2401(a) for NSAW Recapitalize Building #1 at 

Fort Meade, Maryland). 

(4) $556,639,000 (the balance of the amount authorized 

under section 2401(a) of the Military Construction Authorization Act for Fiscal Year 2012 (division B of Public Law 112– 

81; 125 Stat. 1672), as amended by section 2404(a) of this 

Act, for a data center at Fort Meade, Maryland). 

(5) $512,969,000 (the balance of the amount authorized 

under section 2401(a) of the Military Construction Authorization Act for Fiscal Year 2010 (division B of Public Law 111– 

84; 123 Stat. 2640) for a hospital at Fort Bliss, Texas). 

(6) $134,900,000 (the balance of the amount authorized 

under section 2401(a) of the Military Construction Authorization Act for Fiscal Year 2012 (division B of Public Law 112– 

81; 125 Stat. 1672) for an Ambulatory Care Center Phase 

III at Joint Base San Antonio, Texas). 

(7) $41,913,000 (the balance of the amount authorized as 

a Military Construction, Defense-Wide project by title X of 


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PUBLIC LAW 112–239—JAN. 2, 2013 126 STAT. 2131 

the Supplemental Appropriations Act, 2009 (Public Law 111– 

32; 123 Stat. 1888) for a data center at Camp Williams, Utah). 

(8) $792,408,000 (the balance of the amount authorized 

under section 2401(b) of the Military Construction Authorization Act for Fiscal Year 2012 (division B of Public Law 112– 

81; 125 Stat. 1673), as amended by section 2404(b) of this 

Act, for a hospital at the Rhine Ordnance Barracks, Germany). 

(9) $100,800,000 (the balance of the amount authorized 

under section 2401(b) for the Aegis Ashore Missile Defense 

System Complex at Deveselu, Romania). 

SEC. 2404. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN 

FISCAL YEAR 2012 PROJECTS. 

(a) MARYLAND.—The table in section 2401(a) of the Military 

Construction Authorization Act for Fiscal Year 2012 (division B 

of Public Law 112–81; 125 Stat. 1672), is amended in the item 

relating to Fort Meade, Maryland, by striking ‘‘$29,640,000’’ in 

the amount column and inserting ‘‘$792,200,000’’. 

(b) GERMANY.— 

(1) PROJECT AUTHORIZATION.—The table in section 2401(b) 

of the Military Construction Authorization Act for Fiscal Year 

2012 (division B of Public Law 112–81; 125 Stat. 1673), is 

amended in the item relating to Rhine Ordnance Barracks, 

Germany, by striking ‘‘$750,000,000’’ in the amount column 

and inserting ‘‘$990,000,000’’. 

(2) CERTIFICATION REQUIRED.—The Secretary of Defense 

may not obligate additional funds made available pursuant 

to the amendment made by paragraph (1) until the Secretary 

certifies to the congressional defense committees that both of 

the following directly support the proposed scope for the hospital at the Rhine Ordnance Barracks, Germany: 

(A) A sufficient enduring beneficiary population. 

(B) The fiscal year 2014 force structure assessment, 

incorporated in the budget submitted by the President 

to Congress for fiscal year 2014. 

SEC. 2405. EXTENSION OF AUTHORIZATION OF CERTAIN FISCAL YEAR 

2010 PROJECT. 

(a) EXTENSION.—Notwithstanding section 2002 of the Military 

Construction Authorization Act for Fiscal Year 2010 (division B 

of Public Law 111–84; 123 Stat. 2627), the authorization set forth 

in the table in subsection (b), as provided in section 2401(a) of 

that Act (123 Stat. 2640), shall remain in effect until October 

1, 2013, or the date of the enactment of an Act authorizing funds 

for military construction for fiscal year 2014, whichever is later. 

(b) TABLE.—The table referred to in subsection (a) is as follows: 

Extension of 2010 Project Authorization 

State Installation or Location Project Amount 

Virginia .................... Pentagon Reservation.Pentagon electrical 

upgrade ................ $19,272,000 

Termination 

date. 


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126 STAT. 2132 PUBLIC LAW 112–239—JAN. 2, 2013 

Subtitle B—Chemical Demilitarization 

Authorizations 

SEC. 2411. AUTHORIZATION OF APPROPRIATIONS, CHEMICAL DEMILITARIZATION CONSTRUCTION, DEFENSE-WIDE. 

(a) AUTHORIZATION OF APPROPRIATIONS.— Funds are hereby 

authorized to be appropriated for fiscal years beginning after September 30, 2012, for military construction and land acquisition 

for chemical demilitarization, as specified in the funding table in 

section 4601. 

(b) LIMITATION ON TOTAL COST OF CONSTRUCTION PROJECTS.— 

Notwithstanding the cost variations authorized by section 2853 

of title 10, United States Code, and any other cost variation authorized by law, the total cost of all projects carried out under subsection 

(a) and the project described in paragraph (2) of this subsection 

may not exceed the sum of the following: 

(1) The total amount authorized to be appropriated under 

subsection (a), as specified in the funding table in section 

4601. 

(2) $158,969,000 (the balance of the amount authorized 

for ammunition demilitarization at Blue Grass, Kentucky, by 

section 2401(a) of the Military Construction Authorization Act 

for Fiscal Year 2000 (division B of Public Law 106–65; 113 

Stat. 835), as most recently amended by section 2412 of the 

Military Construction Authorization Act for Fiscal Year 2011 

(division B Public Law 111–383; 124 Stat. 4450). 

SEC. 2412. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN 

FISCAL YEAR 1997 PROJECT. 

(a) MODIFICATIONS.—The table in section 2401(a) of the Military 

Construction Authorization Act for Fiscal Year 1997 (division B 

of Public Law 104–201; 110 Stat. 2775), as amended by section 

2406 of the Military Construction Authorization Act for Fiscal Year 

2000 (division B of Public Law 106–65; 113 Stat. 839), section 

2407 of the Military Construction Authorization Act for Fiscal Year 

2003 (division B of Public Law 107–314; 116 Stat. 2699), and 

section 2413 of the Military Construction Authorization Act for 

Fiscal Year 2009 (division B of Public Law 110–417; 122 Stat. 

4697), is further amended— 

(1) under the agency heading relating to Chemical Demilitarization Program, in the item relating to Pueblo Army Depot, 

Colorado, by striking ‘‘$484,000,000’’ in the amount column 

and inserting ‘‘$520,000,000’’; and 

(2) by striking the amount identified as the total in the 

amount column and inserting ‘‘$866,454,000’’. 

(b) CONFORMING AMENDMENT.—Section 2406(b)(2) of the Military Construction Authorization Act for Fiscal Year 1997 (110 Stat. 

2779), as so amended, is further amended by striking ‘‘$484,000,000’’ 

and inserting ‘‘$520,000,000’’. 


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PUBLIC LAW 112–239—JAN. 2, 2013 126 STAT. 2133 

TITLE XXV—NORTH ATLANTIC TREATY 

ORGANIZATION SECURITY INVESTMENT PROGRAM 

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

Sec. 2502. Authorization of appropriations, NATO. 

SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND ACQUISITION PROJECTS. 

The Secretary of Defense may make contributions for the North 

Atlantic Treaty Organization Security Investment Program as provided in section 2806 of title 10, United States Code, in an amount 

not to exceed the sum of the amount authorized to be appropriated 

for this purpose in section 2502 and the amount collected from 

the North Atlantic Treaty Organization as a result of construction 

previously financed by the United States. 

SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO. 

Funds are hereby authorized to be appropriated for fiscal years 

beginning after September 30, 2012, for contributions by the Secretary of Defense under section 2806 of title 10, United States 

Code, for the share of the United States of the cost of projects 

for the North Atlantic Treaty Organization Security Investment 

Program authorized by section 2501 as specified in the funding 

table in section 4601. 

TITLE XXVI—GUARD AND RESERVE 

FORCES FACILITIES 

Subtitle A—Project Authorizations and Authorization of Appropriations 

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

projects. 

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

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

land acquisition projects. 

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

projects. 

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

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

Subtitle B—Other Matters 

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

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

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

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

Subtitle A—Project Authorizations and 

Authorization of Appropriations 

SEC. 2601. AUTHORIZED ARMY NATIONAL GUARD CONSTRUCTION AND 

LAND ACQUISITION PROJECTS. 

(a) INSIDE THE UNITED STATES.—Using amounts appropriated 

pursuant to the authorization of appropriations in section 2606 

and available for the National Guard and Reserve as specified 

in the funding table in section 4601, the Secretary of the Army 

may acquire real property and carry out military construction 


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126 STAT. 2134 PUBLIC LAW 112–239—JAN. 2, 2013 

projects for the Army National Guard locations inside the United 

States, and in the amounts, set forth in the following table: 

Army National Guard: Inside the United States 

State Location Amount 

Alabama .................. Fort McClellan .......................................... $5,400,000 

Arkansas ................. Searcy ......................................................... $6,800,000 

California ................ Fort Irwin .................................................. $25,000,000 

Connecticut ............. Camp Hartell ............................................. $32,000,000 

Delaware .................. Bethany Beach .......................................... $5,500,000 

Florida ..................... Camp Blanding ......................................... $9,000,000 

Miramar ..................................................... $20,000,000 

Hawaii ..................... Kapolei ....................................................... $28,000,000 

Idaho ........................ Orchard Training Area ............................. $40,000,000 

Indiana .................... South Bend ................................................ $21,000,000 

Terra Haute ............................................... $9,000,000 

Iowa .......................... Camp Dodge .............................................. $3,000,000 

Kansas ...................... Topeka ........................................................ $9,500,000 

Kentucky .................. Frankfort ................................................... $32,000,000 

Massachusetts ........ Camp Edwards .......................................... $22,000,000 

Minnesota ............... Camp Ripley .............................................. $17,000,000 

Arden Hills ................................................ $17,000,000 

Missouri ................... Fort Leonard Wood ................................... $18,000,000 

Kansas City ............................................... $1,900,000 

Monett ........................................................ $820,000 

Perryville ................................................... $700,000 

Montana ................... Miles City .................................................. $11,000,000 

New Jersey ............. Sea Girt ...................................................... $34,000,000 

New York ................. Stormville .................................................. $24,000,000 

Ohio .......................... Chillicothe .................................................. $3,100,000 

Delaware .................................................... $12,000,000 

Oklahoma ............... Camp Gruber ............................................. $25,000,000 

Utah ........................ Camp Williams .......................................... $36,000,000 

Washington ............. Fort Lewis .................................................. $35,000,000 

West Virginia ......... Logan ......................................................... $14,200,000 

Wisconsin ................ Wausau ...................................................... $10,000,000 

(b) OUTSIDE THE UNITED STATES.—Using amounts appropriated 

pursuant to the authorization of appropriations in section 2606 

and available for the National Guard and Reserve as specified 

in the funding table in section 4601, the Secretary of the Army 

may acquire real property and carry out military construction 

projects for the Army National Guard locations outside the United 

States, and in the amounts, set forth in the following table: 

Army National Guard: Outside the United States 

Country Location Amount 

Guam ......................... Barrigada .................................................. $8,500,000 

Puerto Rico .............. Camp Santiago ......................................... $3,800,000 

Ceiba ......................................................... $2,200,000 

Guaynabo .................................................. $15,000,000 

Gurabo ...................................................... $14,700,000 


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SEC. 2602. AUTHORIZED ARMY RESERVE CONSTRUCTION AND LAND 

ACQUISITION PROJECTS. 

Using amounts appropriated pursuant to the authorization of 

appropriations in section 2606 and available for the National Guard 

and Reserve as specified in the funding table in section 4601, 

the Secretary of the Army may acquire real property and carry 

out military construction projects for the Army Reserve locations 

inside the United States, and in the amounts, set forth in the 

following table: 

Army Reserve 

State Location Amount 

California .................... Fort Hunter Liggett ............................. $68,300,000 

Tustin .................................................... $27,000,000 

Illinois .......................... Fort Sheridan ........................................ $28,000,000 

Maryland ...................... Aberdeen Proving Ground ................... $21,000,000 

Baltimore ............................................... $10,000,000 

Massachusetts ............. Devens Reserve Forces Training Area $8,500,000 

Nevada ........................ Las Vegas .............................................. $21,000,000 

New Jersey .................. Joint Base McGuire-Dix-Lakehurst .... $7,400,000 

Washington ................. Joint Base Lewis-McChord .................. $40,000,000 

Wisconsin .................... Fort McCoy ............................................ $47,800,000 

SEC. 2603. AUTHORIZED NAVY RESERVE AND MARINE CORPS RESERVE 

CONSTRUCTION AND LAND ACQUISITION PROJECTS. 

Using amounts appropriated pursuant to the authorization of 

appropriations in section 2606 and available for the National Guard 

and Reserve as specified in the funding table in section 4601, 

the Secretary of the Navy may acquire real property and carry 

out military construction projects for the Navy Reserve and Marine 

Corps Reserve locations inside the United States, and in the 

amounts, set forth in the following table: 

Navy Reserve and Marine Corps Reserve 

State Location Amount 

Arizona .......................... Yuma .................................................... $5,379,000 

Iowa ............................... Fort Des Moines .................................. $19,162,000 

Louisiana ....................... New Orleans ........................................ $7,187,000 

New York ..................... Brooklyn ............................................... $4,430,000 

Texas ............................ Fort Worth ........................................... $11,256,000 

SEC. 2604. AUTHORIZED AIR NATIONAL GUARD CONSTRUCTION AND 

LAND ACQUISITION PROJECTS. 

Using amounts appropriated pursuant to the authorization of 

appropriations in section 2606 and available for the National Guard 

and Reserve as specified in the funding table in section 4601, 

the Secretary of the Air Force may acquire real property and 

carry out military construction projects for the Air National Guard 

locations inside the United States, and in the amounts, set forth 

in the following table: 


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126 STAT. 2136 PUBLIC LAW 112–239—JAN. 2, 2013 

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 

Wyoming ....................... Cheyenne Municipal Airport .............. $6,486,000 

SEC. 2605. AUTHORIZED AIR FORCE RESERVE CONSTRUCTION AND 

LAND ACQUISITION PROJECT. 

Using amounts appropriated pursuant to the authorization of 

appropriations in section 2606 and available for the National Guard 

and Reserve as specified in the funding table in section 4601, 

the Secretary of the Air Force may acquire real property and 

carry out a military construction project for the Air Force Reserve 

location inside the United States, and in the amount, set forth 

in the following table: 

Air Force Reserve 

State Location Amount 

New York .................... Niagara Falls International Airport ... $6,100,000 

SEC. 2606. AUTHORIZATION OF APPROPRIATIONS, NATIONAL GUARD 

AND RESERVE. 

Funds are hereby authorized to be appropriated for fiscal years 

beginning after September 30, 2012, for the costs of acquisition, 

architectural and engineering services, and construction of facilities 

for the Guard and Reserve Forces, and for contributions therefor, 

under chapter 1803 of title 10, United States Code (including the 

cost of acquisition of land for those facilities), as specified in the 

funding table in section 4601. 

Subtitle B—Other Matters 

SEC. 2611. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN 

FISCAL YEAR 2010 PROJECTS. 

(a) AUTHORITY TO CARRY OUT ARMY NATIONAL GUARD READI- NESS CENTER PROJECT, NORTH LAS VEGAS, NEVADA.—In the case 

of the authorization contained in the table in section 2601 of the 

Military Construction Authorization Act for Fiscal Year 2010 (division B of Public Law 111–84; 123 Stat. 2648) for North Las Vegas, 

Nevada, for construction of a Readiness Center, the Secretary of 

the Army may construct up to 68,593 square feet of readiness 

center, 10,000 square feet of unheated equipment storage area, 

and 25,000 square feet of unheated vehicle storage, consistent with 

the Army’s construction guidelines for readiness centers. 

(b) AUTHORITY TO CARRY OUT ARMY RESERVE CENTER PROJECT, 

MIRAMAR, CALIFORNIA.—In the case of the authorization contained 

in the table in section 2602 of the Military Construction Authorization Act for Fiscal Year 2010 (division B of Public Law 111–84; 

123 Stat. 2649) for Camp Pendleton, California, for construction 


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of an Army Reserve Center, the Secretary of the Army may construct an Army Reserve Center in the vicinity of the Marine Corps 

Air Station, Miramar, California. 

(c) AUTHORITY TO CARRY OUT ARMY RESERVE CENTER PROJECT, BRIDGEPORT, CONNECTICUT.—In the case of the authorization contained in the table in section 2602 of the Military Construction 

Authorization Act for Fiscal Year 2010 (division B of Public Law 

111–84; 123 Stat. 2649) for Bridgeport, Connecticut, for construction 

of an Army Reserve Center/Land, the Secretary of the Army may 

construct an Army Reserve Center and acquire land in the vicinity 

of Bridgeport, Connecticut. 

SEC. 2612. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN 

FISCAL YEAR 2011 PROJECTS. 

(a) AUTHORITY TO CARRY OUT ARMY RESERVE CENTER PROJECT, FORT STORY, VIRGINIA.—In the case of the authorization contained 

in the table in section 2602 of the Military Construction Authorization Act for Fiscal Year 2011 (division B of Public Law 111–383; 

124 Stat. 4453) for Fort Story, Virginia, for construction of an 

Army Reserve Center, the Secretary of the Army may construct 

an Army Reserve Center in the vicinity of Fort Story, Virginia. 

(b) AUTHORITY TO CARRY OUT ARMY NATIONAL GUARD PROJECT, 

FORT CHAFFEE, ARKANSAS.—In the case of the authorization contained in the table in section 2601 of the Military Construction 

Authorization Act for Fiscal Year 2011 (division B of Public Law 

111–383; 124 Stat. 4451) for Fort Chaffee, Arkansas, for construction of a Live Fire Shoot House, the Secretary of the Army may 

construct up to 5,869 square feet of Live Fire Shoot House. 

(c) AUTHORITY TO CARRY OUT ARMY NATIONAL GUARD PROJECT, 

WINDSOR LOCKS, CONNECTICUT.—In the case of the authorization 

contained in the table in section 2601 of the Military Construction 

Authorization Act for Fiscal Year 2011 (division B of Public Law 

111–383; 124 Stat. 4451) for Windsor Locks, Connecticut, for 

construction of a Readiness Center, the Secretary of the Army 

may construct up to 119,510 square feet of a Readiness Center. 

(d) AUTHORITY TO CARRY OUT ARMY NATIONAL GUARD PROJECT, 

KALAELOA, HAWAII.—In the case of the authorization contained 

in the table in section 2601 of the Military Construction Authorization Act for Fiscal Year 2011 (division B of Public Law 111–383; 

124 Stat. 4451) for Kalaeloa, Hawaii, for construction of a Combined 

Support Maintenance Shop, the Secretary of the Army may construct up to 137,548 square feet of a Combined Support Maintenance Shop. 

(e) AUTHORITY TO CARRY OUT ARMY NATIONAL GUARD PROJECT, 

WICHITA, KANSAS.—In the case of the authorization contained in 

the table in section 2601 of the Military Construction Authorization 

Act for Fiscal Year 2011 (division B of Public Law 111–383; 124 

Stat. 4451) for Wichita, Kansas, for construction of a Field Maintenance Shop, the Secretary of the Army may construct up to 62,102 

square feet of a Field Maintenance Shop. 

(f) AUTHORITY TO CARRY OUT ARMY NATIONAL GUARD PROJECT, MINDEN, LOUISIANA.—In the case of the authorization contained 

in the table in section 2601 of the Military Construction Authorization Act for Fiscal Year 2011 (division B of Public Law 111–383; 

124 Stat. 4451) for Minden, Louisiana, for construction of a Readiness Center, the Secretary of the Army may construct up to 90,944 

square feet of a Readiness Center. 


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(g) AUTHORITY TO CARRY OUT ARMY NATIONAL GUARD PROJECT, SAINT INIGOES, MARYLAND.—In the case of the authorization contained in the table in section 2601 of the Military Construction 

Authorization Act for Fiscal Year 2011 (division B of Public Law 

111–383; 124 Stat. 4451) for Saint Inigoes, Maryland, for construction of a Tactical Unmanned Aircraft System Facility, the Secretary 

of the Army may construct up to 10,298 square feet of a Tactical 

Unmanned Aircraft System Facility. 

(h) AUTHORITY TO CARRY OUT ARMY NATIONAL GUARD PROJECT, CAMP GRAFTON, NORTH DAKOTA.—In the case of the authorization 

contained in the table in section 2601 of the Military Construction 

Authorization Act for Fiscal Year 2011 (division B of Public Law 

111–383; 124 Stat. 4451) for Camp Grafton, North Dakota, for 

construction of a Readiness Center, the Secretary of the Army 

may construct up to 68,671 square feet of a Readiness Center. 

(i) AUTHORITY TO CARRY OUT ARMY NATIONAL GUARD PROJECT, WATERTOWN, SOUTH DAKOTA.—In the case of the authorization 

contained in the table in section 2601 of the Military Construction 

Authorization Act for Fiscal Year 2011 (division B of Public Law 

111–383; 124 Stat. 4451) for Watertown, South Dakota, for construction of a Readiness Center, the Secretary of the Army may construct 

up to 97,865 square feet of a Readiness Center. 

(j) AUTHORITY TO CARRY OUT AIR NATIONAL GUARD PROJECT, 

NASHVILLE, TENNESSEE.—In the case of the authorization contained 

in the table in section 2604 of the Military Construction Authorization Act for Fiscal Year 2011 (division B of Public Law 111–383; 

124 Stat. 4453) for Nashville International Airport, Tennessee, for 

renovation of an Intelligence Squadron Facility, the Secretary of 

the Air Force may convert up to 4,023 square meters of existing 

facilities to bed down Intelligence Group and Remotely Piloted 

Aircraft Remote Split Operations Group missions, consistent with 

the Air National Guard’s construction guidelines for these missions. 

SEC. 2613. EXTENSION OF AUTHORIZATION OF CERTAIN FISCAL YEAR 

2009 PROJECT. 

(a) EXTENSION.—Notwithstanding section 2002 of the Military 

Construction Authorization Act for Fiscal Year 2009 (division B 

of Public Law 110–417; 122 Stat. 4658), the authorization set forth 

in the table in subsection (b), as provided in section 2604 of that 

Act (122 Stat. 4706), shall remain in effect until October 1, 2013, 

or the date of the enactment of an Act authorizing funds for military 

construction for fiscal year 2014, whichever is later. 

(b) TABLE.—The table referred to in subsection (a) is as follows: 

Air National Guard: Extension of 2009 Project Authorizations 

State Installation or 

Location Project Amount 

Mississippi ...... Gulfport-Biloxi International Airport.Relocate Munitions 

Complex ............... $3,400,000 

SEC. 2614. EXTENSION OF AUTHORIZATION OF CERTAIN FISCAL YEAR 

2010 PROJECTS. 

(a) EXTENSION.—Notwithstanding section 2002 of the Military 

Construction Authorization Act for Fiscal Year 2010 (division B 

of Public Law 111–84; 123 Stat. 2627), the authorizations set forth 


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in the tables in subsection (b), as provided in sections 2602 and 

2604 of that Act (123 Stat. 2649, 2651), shall remain in effect 

until October 1, 2013, or the date of the enactment of an Act 

authorizing funds for military construction for fiscal year 2014, 

whichever is later. 

(b) TABLE.—The tables referred to in subsection (a) are as 

follows: 

Army Reserve: Extension of 2010 Project Authorizations 

State Installation or 

Location Project Amount 

California .......... Camp Pendleton.Army Reserve Center ......... $19,500,000 

Connecticut ....... Bridgeport ........ Army Reserve Center/Land $18,500,000 

Air National Guard: Extension of 2010 Project Authorization 

State Installation or 

Location Project Amount 

Mississippi ....... Gulfport-Biloxi 

Airport.

Relocate Base Entrance ........... $6,500,000 

TITLE XXVII—BASE REALIGNMENT AND 

CLOSURE ACTIVITIES 

Subtitle A—Authorization of Appropriations 

Sec. 2701. Authorization of appropriations for base realignment and closure activities funded through Department of Defense Base Closure Account 1990. Sec. 2702. Authorization of appropriations for base realignment and closure activities funded through Department of Defense Base Closure Account 2005. 

Subtitle B—Other Matters 

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

Sec. 2712. Revised base closure and realignment restrictions and Comptroller General assessment of Department of Defense compliance with codified base 

closure and realignment restrictions. 

Subtitle A—Authorization of 

Appropriations 

SEC. 2701. AUTHORIZATION OF APPROPRIATIONS FOR BASE REALIGNMENT AND CLOSURE ACTIVITIES FUNDED THROUGH 

DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT 

1990. 

Funds are hereby authorized to be appropriated for fiscal years 

beginning after September 30, 2012, for base realignment and closure activities, including real property acquisition and military 

construction projects, as authorized by the Defense Base Closure 

and Realignment Act of 1990 (part A of title XXIX of Public Law 

101–510; 10 U.S.C. 2687 note) and funded through the Department 

of Defense Base Closure Account 1990 established by section 2906 

of such Act as specified in the funding table in section 4601. 


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SEC. 2702. AUTHORIZATION OF APPROPRIATIONS FOR BASE REALIGNMENT AND CLOSURE ACTIVITIES FUNDED THROUGH 

DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT 

2005. 

Funds are hereby authorized to be appropriated for fiscal years 

beginning after September 30, 2012, for base realignment and closure activities, including real property acquisition and military 

construction projects, as authorized by the Defense Base Closure 

and Realignment Act of 1990 (part A of title XXIX of Public Law 

101–510; 10 U.S.C. 2687 note) and funded through the Department 

of Defense Base Closure Account 2005 established by section 2906A 

of such Act as specified in the funding table in section 4601. 

Subtitle B—Other Matters 

SEC. 2711. CONSOLIDATION OF DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNTS AND AUTHORIZED USES OF BASE CLOSURE ACCOUNT FUNDS. 

(a) ESTABLISHMENT OF SINGLE DEPARTMENT OF DEFENSE BASE

CLOSURE ACCOUNT; USE OF FUNDS.—The Defense Base Closure 

and Realignment Act of 1990 (part A of title XXIX of Public Law 

101–510; 10 U.S.C. 2687 note) is amended by striking sections 

2906 and 2906A and inserting the following new section 2906: 

‘‘SEC. 2906. DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT. 

‘‘(a) ESTABLISHMENT.—There is hereby established on the books 

of the Treasury an account to be known as the ‘Department of 

Defense Base Closure Account’ which shall be administered by 

the Secretary as a single account. 

‘‘(b) CREDITS TO ACCOUNT.—There shall be credited to the 

Account the following: 

‘‘(1) Funds authorized for and appropriated to the Account. 

‘‘(2) Funds transferred to the Account pursuant to section 

2711(b) of the Military Construction Authorization Act for 

Fiscal Year 2013. 

‘‘(3) Funds that the Secretary may, subject to approval 

in an appropriation Act, transfer to the Account from funds 

appropriated to the Department of Defense for any purpose, 

except that funds may be transferred under the authority of 

this paragraph only after the date on which the Secretary 

transmits written notice of, and justification for, such transfer 

to the congressional defense committees. 

‘‘(4) Proceeds received from the lease, transfer, or disposal 

of any property at a military installation closed or realigned 

under this part or the 1988 BRAC law. 

‘‘(c) USE OF ACCOUNT.— 

‘‘(1) AUTHORIZED PURPOSES.—The Secretary may use the 

funds in the Account only for the following purposes: 

‘‘(A) To carry out the Defense Environmental Restoration Program under section 2701 of title 10, United States 

Code, and other environmental restoration and mitigation 

activities at military installations closed or realigned under 

this part or the 1988 BRAC law. 

‘‘(B) To cover property management, disposal, and caretaker costs incurred at military installations closed or 

realigned under this part or the 1988 BRAC law. 


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‘‘(C) To cover costs associated with supervision, inspection, overhead, engineering, and design of military 

construction projects undertaken under this part or the 

1988 BRAC law before September 30, 2013, and subsequent 

claims, if any, related to such activities. 

‘‘(D) To record, adjust, and liquidate obligations properly chargeable to the following accounts: 

‘‘(i) The Department of Defense Base Closure 

Account 2005 established by section 2906A of this part, 

as in effect on September 30, 2013. 

‘‘(ii) The Department of Defense Base Closure 

Account 1990 established by this section, as in effect 

on September 30, 2013. 

‘‘(iii) The Department of Defense Base Closure 

Account established by section 207 of the 1988 BRAC 

law, as in effect on September 30, 2013. 

‘‘(2) SOLE SOURCE OF FUNDS.—The Account shall be the 

sole source of Federal funds for the activities specified in paragraph (1) at a military installation closed or realigned under 

this part or the 1988 BRAC law. 

‘‘(3) PROHIBITION ON USE OF ACCOUNT FOR NEW MILITARY

CONSTRUCTION.—Except as provided in paragraph (1), funds 

in the Account may not be used, directly or by transfer to 

another appropriations account, to carry out a military 

construction project, including a minor military construction 

project, under section 2905(a) or any other provision of law 

at a military installation closed or realigned under this part 

or the 1988 BRAC law. 

‘‘(d) DISPOSAL OR TRANSFER OF COMMISSARY STORES AND PROPERTY PURCHASED WITH NONAPPROPRIATED FUNDS.— 

‘‘(1) DEPOSIT OF PROCEEDS IN RESERVE ACCOUNT.—If any 

real property or facility acquired, constructed, or improved (in 

whole or in part) with commissary store funds or nonappropriated funds is transferred or disposed of in connection 

with the closure or realignment of a military installation under 

this part, a portion of the proceeds of the transfer or other 

disposal of property on that installation shall be deposited 

in the reserve account established under section 204(b)(7)(C) 

of the 1988 BRAC law. 

‘‘(2) The amount so deposited under paragraph (1) shall 

be equal to the depreciated value of the investment made 

with such funds in the acquisition, construction, or improvement of that particular real property or facility. The depreciated 

value of the investment shall be computed in accordance with 

regulations prescribed by the Secretary. 

‘‘(3) USE OF RESERVE FUNDS.—Subject to the limitation 

contained in section 204(b)(7)(C)(iii) of the 1988 BRAC law, 

amounts in the reserve account are hereby made available 

to the Secretary, without appropriation and until expended, 

for the purpose of acquiring, constructing, and improving— 

‘‘(A) commissary stores; and 

‘‘(B) real property and facilities for nonappropriated 

fund instrumentalities. 

‘‘(e) CONSOLIDATED BUDGET JUSTIFICATION DISPLAY FOR

ACCOUNT.— 


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126 STAT. 2142 PUBLIC LAW 112–239—JAN. 2, 2013 

‘‘(1) CONSOLIDATED BUDGET INFORMATION REQUIRED.—The 

Secretary shall establish a consolidated budget justification 

display in support of the Account that for each fiscal year— 

‘‘(A) details the amount and nature of credits to, and 

expenditures from, the Account during the preceding fiscal 

year; 

‘‘(B) separately details the caretaker and environmental remediation costs associated with each military 

installation for which a budget request is made; 

‘‘(C) specifies the transfers into the Account and the 

purposes for which these transferred funds will be further 

obligated, to include caretaker and environment remediation costs associated with each military installation; 

‘‘(D) specifies the closure or realignment recommendation, and the base closure round in which the recommendation was made, that precipitated the inclusion of the military installation; and 

‘‘(E) details any intra-budget activity transfers within 

the Account that exceeded $1,000,000 during the preceding 

fiscal year or that are proposed for the next fiscal year 

and will exceed $1,000,000. 

‘‘(2) SUBMISSION.—The Secretary shall include the information required by paragraph (1) in the materials that the Secretary submits to Congress in support of the budget for a 

fiscal year submitted by the President pursuant to section 

1105 of title 31, United States Code. 

‘‘(f) CLOSURE OF ACCOUNT; TREATMENT OF REMAINING FUNDS.— 

‘‘(1) CLOSURE.—The Account shall be closed at the time 

and in the manner provided for appropriation accounts under 

section 1555 of title 31, United States Code, except that unobligated funds which remain in the Account upon closure shall 

be held by the Secretary of the Treasury until transferred 

by law after the congressional defense committees receive the 

final report transmitted under paragraph (2). 

‘‘(2) FINAL REPORT.—No later than 60 days after the closure 

of the Account under paragraph (1), the Secretary shall 

transmit to the congressional defense committees a report containing an accounting of— 

‘‘(A) all the funds credited to and expended from the 

Account or otherwise expended under this part or the 1988 

BRAC law; and 

‘‘(B) any funds remaining in the Account. 

‘‘(g) DEFINITIONS.—In this section: 

‘‘(1) The term ‘commissary store funds’ means funds 

received from the adjustment of, or surcharge on, selling prices 

at commissary stores fixed under section 2685 of title 10, United 

States Code. 

‘‘(2) The term ‘nonappropriated funds’ means funds received 

from a nonappropriated fund instrumentality. 

‘‘(3) The term ‘nonappropriated fund instrumentality’ 

means an instrumentality of the United States under the jurisdiction of the Armed Forces (including the Army and Air Force 

Exchange Service, the Navy Resale and Services Support Office, 

and the Marine Corps exchanges) which is conducted for the 

comfort, pleasure, contentment, or physical or mental improvement of members of the Armed Forces. 


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‘‘(4) The term ‘1988 BRAC law’ means title II of the Defense 

Authorization Amendments and Base Closure and Realignment 

Act (Public Law 100–526; 10 U.S.C. 2687 note).’’. 

(b) CLOSURE OF EXISTING CURRENT ACCOUNTS; TRANSFER OF

FUNDS.— 

(1) CLOSURE.—Subject to paragraph (2), the Secretary of 

the Treasury shall close, pursuant to section 1555 of title 31, 

United States Code, the following accounts on the books of 

the Treasury: 

(A) The Department of Defense Base Closure Account 

2005 established by section 2906A of the Defense Base 

Closure and Realignment Act of 1990 (part A of title XXIX 

of Public Law 101–510; 10 U.S.C. 2687 note), as in effect 

on the effective date of this section. 

(B) The Department of Defense Base Closure Account 

1990 established by section 2906 of the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX 

of Public Law 101–510; 10 U.S.C. 2687 note), as in effect 

on the effective date of this section. 

(C) The Department of Defense Base Closure Account 

established by section 207 of the Defense Authorization 

Amendments and Base Closure and Realignment Act 

(Public Law 100–526; 10 U.S.C. 2687 note), as in effect 

on the effective date of this section. 

(2) TRANSFER OF FUNDS.—All amounts remaining in the 

three accounts specified in paragraph (1) as of the effective 

date of this section, shall be transferred, effective on that 

date, to the Department of Defense Base Closure Account established by section 2906 of the Defense Base Closure and Realignment Act of 1990, as added by subsection (a). 

(3) CROSS REFERENCES.—Except as provided in this subsection or the context requires otherwise, any reference in 

a law, regulation, document, paper, or other record of the 

United States to an account specified in paragraph (1) shall 

be deemed to be a reference to the Department of Defense 

Base Closure Account established by section 2906 of the Defense 

Base Closure and Realignment Act of 1990, as added by subsection (a). 

(c) CONFORMING AMENDMENTS.— 

(1) REPEAL OF FORMER ACCOUNT.—Section 207 of the 

Defense Authorization Amendments and Base Closure and 

Realignment Act (Public Law 100–526; 10 U.S.C. 2687 note) 

is repealed. 

(2) REPEAL OF OBSOLETE REPORTING REQUIREMENT.—Section 2907 of the Defense Base Closure and Realignment Act 

of 1990 (part A of title XXIX of Public Law 101–510; 10 U.S.C. 

2687 note) is repealed. 

(3) DEFINITION.— 

(A) 1990 LAW.—Section 2910(1) of the Defense Base 

Closure and Realignment Act of 1990 (part A of title XXIX 

of Public Law 101–510; 10 U.S.C. 2687 note) is amended 

by striking ‘‘1990 established by section 2906(a)(1)’’ and 

inserting ‘‘established by section 2906(a)’’. 

(B) 1988 LAW.—The Defense Authorization Amendments and Base Closure and Realignment Act (Public Law 

100–526; 10 U.S.C. 2687 note) is amended— 

10 USC 2687 

note. 


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(i) in section 204(b)(7)(A), by striking ‘‘established 

by section 207(a)(1)’’; and 

(ii) in section 209(1), by striking ‘‘established by 

section 207(a)(1)’’ and inserting ‘‘established by section 

2906(a) of the Defense Base Closure and Realignment 

Act of 1990 (part A of title XXIX of Public Law 101– 

510; 10 U.S.C. 2687 note)’’. 

(4) ENVIRONMENTAL RESTORATION.—Chapter 160 of title 

10, United States Code, is amended— 

(A) in section 2701(d)(2), by striking ‘‘Department of 

Defense Base Closure Account 1990 or the Department 

of Defense Base Closure Account 2005 established under 

sections 2906 and 2906A’’ and inserting ‘‘Department of 

Defense Base Closure Account established by section 2906’’; 

(B) in section 2703(h)— 

(i) by striking ‘‘the applicable Department of 

Defense base closure account’’ and inserting ‘‘the 

Department of Defense Base Closure Account established under section 2906 of the Defense Base Closure 

and Realignment Act of 1990 (part A of title XXIX 

of Public Law 101–510; 10 U.S.C. 2687 note)’’; and 

(ii) by striking ‘‘the applicable base closure 

account’’ and inserting ‘‘such base closure account’’; 

and 

(C) in section 2705(g)(2), by striking ‘‘Closure Account 

1990’’ and inserting ‘‘Closure Account’’. 

(5) DEPARTMENT OF DEFENSE HOUSING FUNDS.—Section 

2883 of such title is amended— 

(A) in subsection (c)— 

(i) by striking subparagraph (G) of paragraph (1); 

and 

(ii) by striking subparagraph (G) of paragraph (2); 

and 

(B) in subsection (f)— 

(i) in the first sentence, by striking ‘‘or (G)’’ both 

places it appears; and 

(ii) by striking the second sentence. 

(d) EFFECTIVE DATE.—This section and the amendments made 

by this section shall take effect on the later of— 

(1) October 1, 2013; and 

(2) the date of the enactment of an Act authorizing funds 

for military construction for fiscal year 2014. 

SEC. 2712. REVISED BASE CLOSURE AND REALIGNMENT RESTRICTIONS AND COMPTROLLER GENERAL ASSESSMENT OF 

DEPARTMENT OF DEFENSE COMPLIANCE WITH CODIFIED 

BASE CLOSURE AND REALIGNMENT RESTRICTIONS. 

(a) CIVILIAN PERSONNEL REDUCTIONS BELOW PRESCRIBED

THRESHOLDS.—Section 2687 of title 10, United States Code, is 

amended— 

(1) by redesignating subsection (e) as subsection (g) and 

moving such subsection to the end of the section; 

(2) by redesignating subsections (c) and (d) as subsections 

(d) and (e), respectively; and 

(3) by inserting after subsection (b) the following new subsection (c): 

10 USC 2701 

note. 


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‘‘(c) No action described in subsection (a) with respect to the 

closure of, or realignment with respect to, any military installation 

referred to in such subsection may be taken within five years 

after the date on which a decision is made to reduce the civilian 

personnel thresholds below the levels prescribed in such subsection.’’. 

(b) COMPTROLLER GENERAL ASSESSMENT.—Not later than 180 

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

General of the United States shall submit to the congressional 

defense committees a report reviewing the process and criteria 

used by the Department of Defense to make decisions relating 

to closures and realignments at military installations, including 

closures and realignments occurring both above and below the 

threshold levels specified in section 2687 of title 10, United States 

Code. 

(c) CONFORMING AMENDMENTS RELATING TO REDESIGNATION

OF DEFINITIONS SUBSECTION.—Title 10, United States Code, is 

amended as follows: 

(1) Section 2391(d)(1) is amended by striking ‘‘section 

2687(e)’’ and inserting ‘‘section 2687’’. 

(2) Section 2667(i)(3) is amended by striking ‘‘section 

2687(e)(1)’’ and inserting ‘‘section 2687’’. 

TITLE XXVIII—MILITARY 

CONSTRUCTION GENERAL PROVISIONS 

Subtitle A—Military Construction Program and Military Family Housing Changes 

Sec. 2801. Authorized cost and scope variations. 

Sec. 2802. Preparation of master plans for major military installations. 

Sec. 2803. Oversight and accountability for military housing privatization projects 

and related annual reporting requirements. Sec. 2804. Extension of temporary, limited authority to use operation and maintenance funds for construction projects in certain areas outside the United 

States. 

Sec. 2805. Comptroller General report on in-kind payments. 

Subtitle B—Real Property and Facilities Administration 

Sec. 2811. Clarification of parties with whom Department of Defense may conduct 

exchanges of real property at certain military installations. Sec. 2812. Identification requirements for access to military installations. 

Sec. 2813. Report on property disposals at certain closed military installations and 

additional authorities to assist local communities in the vicinity of such 

installations. 

Sec. 2814. Report on reorganization of Air Force Materiel Command organizations. 

Subtitle C—Energy Security 

Sec. 2821. Congressional notification for contracts for the provision and operation 

of energy production facilities authorized to be located on real property 

under the jurisdiction of a military department. Sec. 2822. Availability and use of Department of Defense energy cost savings to 

promote energy security. Sec. 2823. Continuation of limitation on use of funds for Leadership in Energy and 

Environmental Design (LEED) gold or platinum certification. Sec. 2824. Guidance on financing for renewable energy projects. 

Sec. 2825. Energy savings performance contract report. 

Subtitle D—Provisions Related to Asia-Pacific Military Realignment 

Sec. 2831. Certification of military readiness need for a Live Fire Training Range 

Complex on Guam as condition on establishment of range complex. Sec. 2832. Realignment of Marine Corps forces in Asia-Pacific region. 

Subtitle E—Land Conveyances 

Sec. 2841. Modification of authorized consideration, Broadway Complex of the Department of the Navy, San Diego, California. 

Deadline. 

Reports. 


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126 STAT. 2146 PUBLIC LAW 112–239—JAN. 2, 2013 

Sec. 2842. Use of proceeds, land conveyance, Tyndall Air Force Base, Florida. 

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

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

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

Sec. 2846. Land conveyance, Local Training Area for Browning Army Reserve Center, Utah. 

Subtitle F—Other Matters 

Sec. 2851. Modification of notice requirements in advance of permanent reduction 

of sizable numbers of members of the Armed Forces at military installations. 

Sec. 2852. Acceptance of gifts and services to support military museum programs 

and use of cooperative agreements with nonprofit entities for military 

museum and military educational institution programs. 

Sec. 2853. Additional exemptions from certain requirements applicable to funding 

for data servers and centers. 

Sec. 2854. Redesignation of the Center for Hemispheric Defense Studies as the William J. Perry Center for Hemispheric Defense Studies. 

Sec. 2855. Sense of Congress regarding establishment of military divers memorial 

at Washington Navy Yard. 

Sec. 2856. Limitation on availability of funds pending report regarding acquisition 

of land and development of a training range facility adjacent to the Marine Corps Air Ground Combat Center Twentynine Palms, California. 

Sec. 2857. Oversight and maintenance of closed base cemeteries overseas containing the remains of members of the Armed Forces or citizens of the 

United States. 

Sec. 2858. Report on establishment of joint Armed Forces historical storage and 

preservation facility. 

Sec. 2859. Establishment of commemorative work to Gold Star Mothers. 

Sec. 2860. Establishment of commemorative work to slaves and free Black persons 

who served in American Revolution. 

Subtitle A—Military Construction Program 

and Military Family Housing Changes 

SEC. 2801. AUTHORIZED COST AND SCOPE VARIATIONS. 

Section 2853 of title 10, United States Code, is amended— 

(1) in subsection (a), by striking ‘‘was approved originally’’ 

and inserting ‘‘was authorized’’; 

(2) in subsection (b)— 

(A) in paragraph (1), by adding at the end the following: 

‘‘Any reduction in scope of work for a military construction 

project shall not result in a facility or item of infrastructure 

that is not complete and useable or does not fully meet 

the mission requirement contained in the justification data 

provided to Congress as part of the request for authorization of the project, construction, improvement, or acquisition.’’; and 

(B) by adding at the end the following new paragraph: 

‘‘(3) In this subsection, the term ‘scope of work’ refers to the 

function, size, or quantity of a facility or item of complete and 

useable infrastructure contained in the justification data provided 

to Congress as part of the request for authorization of the project, 

construction, improvement, or acquisition.’’; 

(3) in subsection (c)(1)(A), by striking ‘‘and the reasons 

therefor, including a description’’ and inserting ‘‘, the reasons 

therefor, a certification that the mission requirement identified 

in the justification data provided to Congress can be still be 

met with the reduced scope, and a description’’; and 

(4) by adding at the end the following new subsection: 

‘‘(e) Notwithstanding the authority under subsections (a) 

through (d), the Secretary concerned shall ensure compliance of 


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contracts for military construction projects and for the construction, 

improvement, and acquisition of military family housing projects 

with section 1341 of title 31 (commonly referred to as the ‘AntiDeficiency Act’).’’. 

SEC. 2802. PREPARATION OF MASTER PLANS FOR MAJOR MILITARY 

INSTALLATIONS. 

(a) MILITARY INSTALLATION MASTER PLANS.—Subchapter III 

of chapter 169 of title 10, United States Code, is amended by 

inserting after section 2863 the following new section: 

‘‘§ 2864. Master plans for major military installations 

‘‘(a) PLANS REQUIRED.—At a time interval prescribed by the 

Secretary concerned (but not less frequently than once every 10 

years), the commander of each major military installation under 

the jurisdiction of the Secretary shall ensure that an installation 

master plan is developed to address environmental planning, 

sustainable design and development, sustainable range planning, 

real property master planning, and transportation planning. 

‘‘(b) TRANSPORTATION COMPONENT.—The transportation component of the master plan for a major military installation shall 

be developed and updated in consultation with the metropolitan 

planning organization designated for the metropolitan planning 

area in which the military installation is located. 

‘‘(c) DEFINITIONS.—In this section: 

‘‘(1) The term ‘major military installation’ has the meaning 

given to the term ‘large site’ in the most recent version of 

the Department of Defense Base Structure Report issued before 

the time interval prescribed for development of installation 

master plans arises under subsection (a). 

‘‘(2) The terms ‘metropolitan planning area’ and ‘metropolitan planning organization’ have the meanings given those terms 

in section 134(b) of title 23 and section 5303(b) of title 49.’’. 

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of subchapter III of chapter 169 of such title is amended 

by inserting after the item relating to section 2863 the following 

new item: 

‘‘2864. Master plans for major military installations.’’. 

SEC. 2803. OVERSIGHT AND ACCOUNTABILITY FOR MILITARY HOUSING 

PRIVATIZATION PROJECTS AND RELATED ANNUAL 

REPORTING REQUIREMENTS. 

(a) FINANCIAL INTEGRITY AND ACCOUNTABILITY MEASURES FOR

SUSTAINMENT OF PRIVATIZATION PROJECTS.— 

(1) FINANCIAL INTEGRITY AND ACCOUNTABILITY MEASURES

REQUIRED.—Section 2885 of title 10, United States Code, is 

amended by adding at the end the following new subsection: 

‘‘(f) FINANCIAL INTEGRITY AND ACCOUNTABILITY MEASURES.— 

(1) The regulations required by subsection (a) shall address the 

following requirements for each military housing privatization 

project upon the completion of the construction or renovation of 

the housing units: 

‘‘(A) The financial health and performance of the privatization project, including the debt-coverage ratio of the project 

and occupancy rates for the housing units. 

‘‘(B) An assessment of the backlog of maintenance and 

repair of the housing units. 

Time period. 


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‘‘(2) If the debt service coverage for a military housing privatization project falls below 1.0 or the occupancy rates for the housing 

units of the project are below 75 percent for more than one year, 

the Secretary concerned shall require the development of a plan 

to address the financial risk of the project.’’. 

(2) CONFORMING AMENDMENT.—Subsection (a) of such section is amended in the matter preceding paragraph (1) by 

inserting before the period at the end of the first sentence 

the following: ‘‘during the course of the construction or renovation of the housing units’’. 

(b) ANNUAL REPORTING REQUIREMENTS.—Section 2884 of such 

title is amended by striking subsection (b) and inserting the following new subsections: 

‘‘(b) ANNUAL REPORTS TO ACCOMPANY BUDGET MATERIALS.— The Secretary of Defense shall include each year in the materials 

that the Secretary submits to Congress in support of the budget 

submitted by the President pursuant to section 1105 of title 31 

the following: 

‘‘(1) A separate report on the expenditures and receipts 

during the preceding fiscal year covering each of the Funds 

established under section 2883 of this title, including a description of the specific construction, acquisition, or improvement 

projects from which funds were transferred and the privatization projects or contracts to which those funds were transferred. 

Each report shall also include, for each military department 

or defense agency, a description of all funds to be transferred 

to such Funds for the current fiscal year and the next fiscal 

year. 

‘‘(2) A report setting forth, by armed force, the following: 

‘‘(A) An estimate of the amounts of basic allowance 

for housing under section 403 of title 37 that will be paid, 

during the current fiscal year and the fiscal year for which 

the budget is submitted, to members of the armed forces 

living in housing provided under the authorities in this 

subchapter. 

‘‘(B) The number of units of military family housing 

and military unaccompanied housing upon which the estimate under subparagraph (A) for the current fiscal year 

and the next fiscal year is based. 

‘‘(3) A description of the plans for housing privatization 

activities to be carried out under this subchapter— 

‘‘(A) during the fiscal year for which the budget is 

submitted; and 

‘‘(B) during the period covered by the then-current 

future-years defense plan under section 221 of this title. 

‘‘(4) A report identifying each family housing unit acquired 

or constructed under this subchapter that is used, or intended 

to be used, as quarters for a general officer or flag officer 

and for which the total operation, maintenance, and repair 

costs for the unit exceeded $50,000. For each housing unit 

so identified, the report shall also include the total of such 

operation, maintenance, and repair costs. 

‘‘(c) ANNUAL REPORT ON PRIVATIZATION PROJECTS.—The Secretary of Defense shall submit to the congressional defense committees a semi-annual report containing on evaluation of the status 

of oversight and accountability measures under section 2885 of 

this title for military housing privatization projects. To the extent 


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each Secretary concerned has the right to attain the information 

described in this subsection, each report shall include, at a minimum, the following: 

‘‘(1) An assessment of the backlog of maintenance and 

repair at each military housing privatization project where 

a significant backlog exists, including an estimation of the 

cost of eliminating the maintenance and repair backlog. 

‘‘(2) If the debt associated with a privatization project 

exceeds net operating income or the occupancy rates for the 

housing units are below 75 percent for more than one year, 

the plan developed to mitigate the financial risk of the project. 

‘‘(3) An assessment of any significant project variances 

between the actual and pro forma deposits in the recapitalization account. 

‘‘(4) The details of any significant withdrawals from a 

recapitalization account, including the purpose and rationale 

of the withdrawal and, if the withdrawal occurs before the 

normal recapitalization period, the impact of the early withdrawal on the financial health of the project. 

‘‘(5) An assessment of the extent to which the information 

required to comply with paragraphs (1) through (4) has been 

requested by the Secretaries, but has not been made available. 

‘‘(6) An assessment of cost assessed to members of the 

armed forces for utilities compared to utility rates in the local 

area.’’. 

SEC. 2804. EXTENSION OF TEMPORARY, LIMITED AUTHORITY TO USE 

OPERATION AND MAINTENANCE FUNDS FOR CONSTRUCTION PROJECTS IN CERTAIN AREAS OUTSIDE THE UNITED 

STATES. 

Section 2808 of the Military Construction Authorization Act 

for Fiscal Year 2004 (division B of Public Law 108–136; 117 Stat. 

1723), as most recently amended by section 2804 of the Military 

Construction Authorization Act for Fiscal Year 2012 (division B 

of Public Law 112–81; 125 Stat. 1685), is further amended— 

(1) in subsection (c)— 

(A) by striking paragraph (2); 

(B) by redesignating paragraph (3) as paragraph (2); 

and 

(C) in paragraph (2), as so redesignated, by striking 

the second sentence; and 

(2) in subsection (h)— 

(A) in paragraph (1), by striking ‘‘September 30, 2012’’ 

and inserting ‘‘September 30, 2013’’; and 

(B) in paragraph (2), by striking ‘‘fiscal year 2013’’ 

and inserting ‘‘fiscal year 2014’’. 

SEC. 2805. COMPTROLLER GENERAL REPORT ON IN-KIND PAYMENTS. 

(a) REPORTS REQUIRED.— 

(1) INITIAL REPORT.—Not later than 270 days after the 

date of the enactment of this Act, the Comptroller General 

of the United States shall submit to the congressional defense 

committees a report on the construction or renovation of Department of Defense facilities with in-kind payments. The report 

shall cover construction or renovation projects begun during 

the preceding two years. 


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126 STAT. 2150 PUBLIC LAW 112–239—JAN. 2, 2013 

(2) UPDATES.—Not later than one year after submitting 

the report required under paragraph (1), and annually thereafter for three years, the Comptroller General shall submit 

to the congressional defense committees a report covering 

projects begun since the most recent report. 

(b) CONTENT.—Each report required under subsection (a) shall 

include the following elements: 

(1) A listing of each facility constructed or renovated for 

the Department of Defense as payment in kind. 

(2) The value in United States dollars of that construction 

or renovation. 

(3) The source of the in-kind payment. 

(4) The agreement pursuant to which the in-kind payment 

was made. 

(5) A description of the purpose and need for the construction or renovation. 

Subtitle B—Real Property and Facilities 

Administration 

SEC. 2811. CLARIFICATION OF PARTIES WITH WHOM DEPARTMENT 

OF DEFENSE MAY CONDUCT EXCHANGES OF REAL PROPERTY AT CERTAIN MILITARY INSTALLATIONS. 

Section 2869(a)(1) of title 10, United States Code, is amended— 

(1) by striking ‘‘any eligible entity’’ and inserting ‘‘any 

person’’; 

(2) by striking ‘‘the entity’’ and inserting ‘‘the person’’; 

and 

(3) by striking ‘‘their control’’ and inserting ‘‘the person’s 

control’’. 

SEC. 2812. IDENTIFICATION REQUIREMENTS FOR ACCESS TO MILITARY 

INSTALLATIONS. 

(a) PROCEDURAL REQUIREMENTS FOR IDENTIFICATION

VERIFICATION.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall publish procedural 

requirements regarding access to military installations in the 

United States by individuals, including individuals performing work 

under a contract awarded by the Department of Defense. The procedural requirements may vary between military installations, or 

parts of installations, depending on the nature of the installation, 

the nature of the access granted, and the level of security required. 

(b) ISSUES ADDRESSED.—The procedures required by subsection 

(a) shall address, at a minimum, the following: 

(1) The forms of identification to be required to permit 

entry. 

(2) The measures to be used to verify the authenticity 

of such identification and identify individuals who seek 

unauthorized access to a military installation through the use 

of fraudulent identification or other means. 

(3) The measures to be used to notify Department of 

Defense security personnel of any attempt to gain unauthorized 

access to a military installation. 

Deadline. 

Publication. 

10 USC 113 note. 


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SEC. 2813. REPORT ON PROPERTY DISPOSALS AT CERTAIN CLOSED 

MILITARY INSTALLATIONS AND ADDITIONAL AUTHORITIES TO ASSIST LOCAL COMMUNITIES IN THE VICINITY 

OF SUCH INSTALLATIONS. 

(a) REPORT REQUIRED.—Not later than 270 days after the date 

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

to the congressional defense committees a report on the disposition 

of any closure of an active-duty military installation since 1988 

in the United States that— 

(1) was not subject to the property disposal provisions 

contained in the Defense Base Closure and Realignment Act 

of 1990 (part A of title XXIX of Public Law 101–510; 10 U.S.C. 

2687 note); and 

(2) for which property disposals have not been completed 

as of the date of the enactment of this Act. 

(b) ELEMENTS.—The report required by subsection (a) shall 

include the following: 

(1) A description of the status of property described in 

subsection (a). 

(2) An assessment of the environmental conditions of, and 

plans and costs for environmental remediation for, each such 

property; 

(3) The plan and schedule, if currently available, for the 

disposal of each such property. 

(4) A description of additional future financial liability or 

other policy impacts to the Department of Defense that are 

likely to be incurred in the event that statutory authorities 

provided by Congress in connection with the disposition of 

military installations closed under a base closure law are 

extended to military installations closed apart from a base 

closure law and for which property disposals have not been 

completed as of the date of the enactment of this Act. 

(5) Such recommendations, if any, as the Secretary of 

Defense considers appropriate for additional authorities to 

assist the Department in expediting the disposal of property 

at closed military installations in order to facilitate economic 

redevelopment for local communities. 

(c) DEFINITIONS.—In this section: 

(1) The term ‘‘base closure law’’ has the meaning given 

that term in section 101(a)(17) of title 10, United States Code. 

(2) The term ‘‘military installation’’ means a base, camp, 

post, station, yard, center, homeport facility for any ship, or 

other activity under the jurisdiction of the Department of 

Defense in the United States. 

(3) The term ‘‘United States’’ means the several States, 

the District of Columbia, the Commonwealth of Puerto Rico, 

American Samoa, the Virgin Islands, the Commonwealth of 

the Northern Mariana Islands, and Guam. 

SEC. 2814. REPORT ON REORGANIZATION OF AIR FORCE MATERIEL 

COMMAND ORGANIZATIONS. 

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

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

to the congressional defense committees a report on the reorganization of Air Force Materiel Command organizations. 

(b) ELEMENTS.—The report required under subsection (a) shall 

include the following elements: 


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(1) An assessment of the efficiencies and effectiveness associated with the reorganization of Air Force Materiel Command 

organizations. 

(2) An assessment of the organizational construct to determine how institutional synergies that were previously available 

in a collocated center can be replicated in the new Air Force 

Materiel Command Center reorganization, including an assessment of the following Air Force Materiel Command capabilities: 

(A) Science and Technology, Acquisition. 

(B) Developmental Test and Evaluation. 

(3) An assessment of synergistic efficiencies associated with 

capabilities of collocated organizations of other commands, 

including an assessment of the impact of the reorganization 

of the Air Force Materiel Command on the responsibilities 

of other commands regarding the following: 

(A) Operational Test and Evaluation. 

(B) Follow-on Operational Test and Evaluation. 

(4) An assessment of how the Air Force reorganization 

of Air Force Materiel Command is in adherence with section 

2687 of title 10, United States Code. 

(5) An analysis of the extent to which the proposed changes 

in the Air Force management structure were coordinated with 

the Office of the Secretary of Defense and the degree to which 

any concerns raised by such Office were addressed in the 

approach selected by the Air Force. 

Subtitle C—Energy Security 

SEC. 2821. CONGRESSIONAL NOTIFICATION FOR CONTRACTS FOR THE 

PROVISION AND OPERATION OF ENERGY PRODUCTION 

FACILITIES AUTHORIZED TO BE LOCATED ON REAL PROPERTY UNDER THE JURISDICTION OF A MILITARY DEPARTMENT. 

Section 2662(a)(1) of title 10, United States Code, is amended 

by adding at the end the following new subparagraph: 

‘‘(H) Any transaction or contract action for the provision 

and operation of energy production facilities on real property 

under the jurisdiction of the Secretary of a military department, 

as authorized by section 2922a(a)(2) of this title, if the term 

of the transaction or contract exceeds 20 years.’’. 

SEC. 2822. AVAILABILITY AND USE OF DEPARTMENT OF DEFENSE 

ENERGY COST SAVINGS TO PROMOTE ENERGY SECURITY. 

Section 2912(b)(1) of title 10, United States Code, is amended 

by inserting after ‘‘additional energy conservation’’ the following: 

‘‘and energy security’’. 

SEC. 2823. CONTINUATION OF LIMITATION ON USE OF FUNDS FOR 

LEADERSHIP IN ENERGY AND ENVIRONMENTAL DESIGN 

(LEED) GOLD OR PLATINUM CERTIFICATION. 

(a) ADDITIONAL REQUIREMENTS FOR REPORT ON ENERGY-EFFICIENCY STANDARDS.—Subsection (a) of section 2830 of the Military 

Construction Authorization Act for Fiscal Year 2012 (division B 

of Public Law 112–81; 125 Stat. 1695) is amended— 

(1) in paragraph (1), by striking ‘‘Not later than June 

30, 2012, the’’ and inserting ‘‘The’’; and 


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(2) by striking paragraph (3) and inserting the following 

new paragraph (3): 

‘‘(3) DEPARTMENT OF DEFENSE UNIFIED FACILITIES CRITERIA

AND RELATED POLICIES.—The report shall also include the 

Department of Defense Unified Facilities Criteria and related 

Department of Defense policies, which shall be updated— 

‘‘(A) to reflect comprehensive guidance for the pursuit 

of design and building standards throughout the Department of Defense that specifically address energy- and 

water-efficient standards and sustainable design attributes 

for military construction based on the cost-benefit analysis, 

return on investment, total ownership costs, and demonstrated payback of the design standards specified in subparagraphs (A), (B), (C), and (D) of paragraph (2); and 

‘‘(B) to ensure that the building design and certification 

standards are applied to each military construction project 

based on geographic location and local circumstances to 

ensure maximum savings.’’. 

(b) PROHIBITION ON USE OF FUNDS FOR LEED GOLD OR PLATINUM CERTIFICATION PENDING REPORT.—Subsection (b)(1) of such 

section is amended— 

(1) by striking ‘‘for fiscal year 2012’’ and inserting ‘‘for 

fiscal year 2012 or 2013’’; and 

(2) by inserting before the period at the end the following: 

‘‘until the report required by subsection (a) is submitted to 

the congressional defense committees’’. 

SEC. 2824. GUIDANCE ON FINANCING FOR RENEWABLE ENERGY 

PROJECTS. 

(a) GUIDANCE ON USE OF AVAILABLE FINANCING APPROACHES.— 

(1) ISSUANCE.—Not later than 180 days after the date 

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

(A) issue guidance about the use of available financing 

approaches for financing renewable energy projects; and 

(B) direct the Secretaries of the military departments 

to update their military department-wide guidance accordingly. 

(2) ELEMENTS.—The guidance issued pursuant to paragraph (1) should describe the requirements and restrictions 

applicable to the underlying authorities and any Department 

of Defense-specific guidelines for using appropriated funds and 

alternative-financing approaches for renewable energy projects 

to maximize cost savings and energy efficiency for the Department of Defense. 

(b) GUIDANCE ON USE OF BUSINESS CASE ANALYSES.—Not later 

than 180 days after the date of the enactment of this Act, the 

Secretary of Defense shall issue guidance that establishes and 

clearly describes the processes used by the military departments 

to select financing approaches for renewable energy projects to 

ensure that business case analyses are completed to maximize 

cost savings and energy efficiency and mitigate drawbacks and 

risks associated with different financing approaches. 

(c) INFORMATION SHARING.—Not later than 180 days after the 

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

develop a formalized communications process, such as a shared 

Internet website, that will enable officials at military installations 

to have timely access on an ongoing basis to information related 

Web site. 

Deadlines. 

10 USC 2911 

note. 


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to financing renewable energy projects on other installations, 

including best practices and lessons that officials at other installations have learned from their experiences in financing renewable 

energy projects. 

(d) CONSULTATION.—The Secretary of Defense shall issue the 

guidance under subsections (a) and (b) and develop the communications process under subsection (c) in consultation with the Under 

Secretary of Defense for Acquisition, Technology, and Logistics and 

the Deputy Under Secretary of Defense for Installations and 

Environment. The Secretary of Defense shall also issue the guidance 

under subsection (b) in consultation with the Secretaries of the 

military departments. 

SEC. 2825. ENERGY SAVINGS PERFORMANCE CONTRACT REPORT. 

(a) REPORT REQUIRED.—Not later than June 30, 2013, the Secretary of Defense shall submit to the congressional defense committees a report on the use of energy savings performance contracts 

awarded by the Department of Defense during calendar years 2010, 

2011, and 2012. 

(b) ELEMENTS OF REPORT.—The report shall include the following (identified for each military department separately): 

(1) The amount of appropriated funds that were obligated 

or expended during calendar years 2010, 2011, and 2012 for 

energy savings performance contracts and any funds remaining 

to be obligated or expended for such energy savings performance 

contracts. 

(2) The amount of such funds that have been used for 

comprehensive retrofits. 

(3) The amount of such funds that have been used to 

leverage private sector capital, including the amount of such 

capital. 

(4) The amount of savings that have been achieved, or 

that are expected to be achieved, as a result of such energy 

savings performance contracts. 

Subtitle D—Provisions Related to AsiaPacific Military Realignment 

SEC. 2831. CERTIFICATION OF MILITARY READINESS NEED FOR A LIVE 

FIRE TRAINING RANGE COMPLEX ON GUAM AS CONDITION ON ESTABLISHMENT OF RANGE COMPLEX. 

A Live Fire Training Range Complex on Guam may not be 

established (including any construction or lease of lands related 

to such establishment) in coordination with the realignment of 

United States Armed Forces in the Pacific until the Secretary 

of Defense certifies to the congressional defense committees that 

there is a military training and readiness requirement for the 

Live Fire Training Range Complex. 

SEC. 2832. REALIGNMENT OF MARINE CORPS FORCES IN ASIA-PACIFIC 

REGION. 

(a) RESTRICTION ON USE OF FUNDS FOR REALIGNMENT.—Except 

as provided in subsection (c), none of the funds authorized to 

be appropriated under this Act, and none of the amounts provided 

by the Government of Japan for construction activities on land 

Plans. 


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under the jurisdiction of the Department of Defense, may be obligated to implement the realignment of Marine Corps forces from 

Okinawa to Guam or Hawaii until each of the following occurs: 

(1) The Commander of the United States Pacific Command 

provides to the congressional defense committees an assessment 

of the strategic and logistical resources needed to ensure the 

distributed lay-down of members of the Marine Corps in the 

United States Pacific Command Area of Responsibility meets 

the contingency operations plans. 

(2) The Secretary of Defense submits to the congressional 

defense committees master plans for the construction of facilities and infrastructure to execute the Marine Corps distributed 

lay-down on Guam and Hawaii, including a detailed description 

of costs and the schedule for such construction. 

(3) The Secretary of the Navy submits a plan to the congressional defense committees detailing the proposed investments 

and schedules required to restore facilities and infrastructure 

at Marine Corps Air Station Futenma. 

(4) A plan coordinated by all pertinent Federal agencies 

is provided to the congressional defense committees detailing 

descriptions of work, costs, and a schedule for completion of 

construction, improvements, and repairs to the non-military 

utilities, facilities, and infrastructure, if any, on Guam affected 

by the realignment of forces. 

(b) RESTRICTION ON DEVELOPMENT OF PUBLIC INFRASTRUCTURE.—If the Secretary of Defense determines that any grant, 

cooperative agreement, transfer of funds to another Federal agency, 

or supplement of funds available in fiscal year 2012 or 2013 under 

Federal programs administered by agencies other than the Department of Defense will result in the development (including repair, 

replacement, renovation, conversion, improvement, expansion, 

acquisition, or construction) of public infrastructure on Guam, the 

Secretary of Defense may not carry out such grant, transfer, 

cooperative agreement, or supplemental funding unless such grant, 

transfer, cooperative agreement, or supplemental funding is specifically authorized by law. 

(c) EXCEPTIONS TO FUNDING RESTRICTION.—The Secretary of 

Defense may use funds described in subsection (a)— 

(1) to complete additional analysis or studies required 

under the National Environmental Policy Act of 1969 (42 U.S.C. 

4321 et seq.) for proposed actions on Guam or Hawaii; 

(2) to initiate planning and design of construction projects 

at Andersen Air Force Base and Andersen South; and 

(3) to carry out any military construction project for which 

an authorization of appropriations is provided in section 2204, 

as specified in the funding table in section 4601. 

(d) DEFINITIONS.—In this section: 

(1) DISTRIBUTED LAY-DOWN.—The term ‘‘distributed laydown’’ refers to the planned distribution of members of the 

Marine Corps in Okinawa, Guam, Hawaii, Australia, and possibly elsewhere that is contemplated in support of the joint 

statement of the United States–Japan Security Consultative 

Committee issued April 26, 2012, in the District of Columbia 

(April 27, 2012, in Tokyo). 

(2) PUBLIC INFRASTRUCTURE.—The term ‘‘public infrastructure’’ means any utility, method of transportation, item of 

equipment, or facility under the control of a public entity or 

Determination. 

Assessment. 


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State or local government that is used by, or constructed for 

the benefit of, the general public. 

(e) REPEAL OF SUPERSEDED LAW.—Section 2207 of the Military 

Construction Authorization Act for Fiscal Year 2012 (division B 

of Public Law 112-81; 125 Stat. 1668) is repealed. 

Subtitle E—Land Conveyances 

SEC. 2841. MODIFICATION OF AUTHORIZED CONSIDERATION, BROADWAY COMPLEX OF THE DEPARTMENT OF THE NAVY, SAN 

DIEGO, CALIFORNIA. 

Section 2732(b)(1)(A) of the Military Construction Authorization 

Act, 1987 (division B of Public 99–661; 100 Stat. 4046) is amended 

by striking ‘‘constructed on such real property by the lessees.’’ 

and inserting the following: ‘‘constructed by the lessees— 

‘‘(i) on such real property; or 

‘‘(ii) on other real property within the boundaries of the 

metropolitan San Diego, California, area.’’. 

SEC. 2842. USE OF PROCEEDS, LAND CONVEYANCE, TYNDALL AIR 

FORCE BASE, FLORIDA. 

Section 2862(c) of the Military Construction Authorization Act 

for Fiscal Year 2000 (division B of Public Law 106–65; 113 Stat. 

869) is amended by striking ‘‘construct or improve military family 

housing units’’ and all that follows through the period at the end 

and inserting ‘‘improve or repair facilities at Tyndall Air Force 

Base.’’. 

SEC. 2843. LAND CONVEYANCE, JOHN KUNKEL ARMY RESERVE 

CENTER, WARREN, OHIO. 

(a) CONVEYANCE AUTHORIZED.—The Secretary of the Army may 

convey, without consideration, to the Village of Lordstown, Ohio 

(in this section referred to as the ‘‘Village’’), all right, title, and 

interest of the United States in and to a parcel of real property, 

including any improvements thereon, consisting of approximately 

6.95 acres and containing the John Kunkel Army Reserve Center 

located at 4967 Tod Avenue in Warren, Ohio, for the purpose 

of permitting the Village to use the parcel for public purposes. 

(b) INTERIM LEASE.—Until such time as the real property 

described in subsection (a) is conveyed to the Village, the Secretary 

may lease the property to the Village. 

(c) REVERSIONARY INTEREST.—If the Secretary determines at 

any time that the real property conveyed under subsection (a) 

is not being used in accordance with the purpose of the conveyance 

specified in subsection (a) or that the Village has violated a condition imposed by subsection (e), all right, title, and interest in 

and to such real property, including any improvements thereto, 

shall, at the option of the Secretary, revert to and become the 

property of the United States, and the United States shall have 

the right of immediate entry onto such real property. A determination by the Secretary under this subsection shall be made on the 

record after an opportunity for a hearing. 

(d) PAYMENT OF COSTS OF CONVEYANCE.— 

(1) PAYMENT REQUIRED.—The Secretary shall require the 

Village to cover costs (except costs for environmental remediation of the property) to be incurred by the Secretary, or to 

Determination. 


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reimburse the Secretary for such costs incurred by the Secretary, to carry out the conveyance under subsection (a), 

including survey costs, costs for environmental documentation, 

and any other administrative costs related to the conveyance. 

If amounts are collected from the Village in advance of the 

Secretary incurring the actual costs, and the amount collected 

exceeds the costs actually incurred by the Secretary to carry 

out the conveyance, the Secretary shall refund the excess 

amount to the Village. 

(2) TREATMENT OF AMOUNTS RECEIVED.—Amounts received 

as reimbursement under paragraph (1) shall be credited to 

the fund or account that was used to cover those costs incurred 

by the Secretary in carrying out the conveyance. Amounts 

so credited shall be merged with amounts in such fund or 

account, and shall be available for the same purposes, and 

subject to the same conditions and limitations, as amounts 

in such fund or account. 

(e) CONDITIONS OF CONVEYANCE.—The conveyance of the real 

property under subsection (a) shall be subject to the following 

conditions: 

(1) That the Village not use any Federal funds to cover 

any portion of the conveyance costs required by subsection 

(d) to be paid by the Village or to cover the costs for the 

design or construction of any facility on the property. 

(2) That the Village begin using the property for public 

purposes before the end of the five-year period beginning on 

the date of conveyance. 

(f) DESCRIPTION OF PROPERTY.—The exact acreage and legal 

description of the property to be conveyed under subsection (a) 

shall be determined by a survey satisfactory to the Secretary. 

(g) ADDITIONAL TERMS.—The Secretary may require such additional terms and conditions in connection with the conveyance as 

the Secretary considers appropriate to protect the interests of the 

United States. 

SEC. 2844. LAND CONVEYANCE, CASTNER RANGE, FORT BLISS, TEXAS. 

(a) CONVEYANCE AUTHORIZED.— 

(1) CONVEYANCE AUTHORITY.—The Secretary of the Army 

may convey, without consideration, to the Parks and Wildlife 

Department of the State of Texas (in this section referred 

to as the ‘‘Department’’) all right, title, and interest of the 

United States in and to a parcel of real property, including 

any improvements thereon, consisting of approximately 7,081 

acres at Fort Bliss, Texas, for the purpose of permitting the 

Department to establish and operate a park as an element 

of the Franklin Mountains State Park. 

(2) PIECEMEAL CONVEYANCES.—In anticipation of the 

conveyance of the entire parcel of real property described in 

paragraph (1), the Secretary may subdivide the parcel and 

convey to the Department portions of the real property as 

the Secretary determines that the condition of the real property 

is compatible with the Department’s intended use of the property. 

(b) REVERSIONARY INTEREST.—If the Secretary determines at 

any time that the real property conveyed under subsection (a) 

is not being used in accordance with the purpose of the conveyance, 

all right, title, and interest in and to such real property, including 

Determination. 


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any improvements thereto, shall, at the option of the Secretary, 

revert to and become the property of the United States, and the 

United States shall have the right of immediate entry onto such 

real property. A determination by the Secretary under this subsection shall be made on the record after an opportunity for a 

hearing. 

(c) PAYMENT OF COSTS OF CONVEYANCES.— (1) PAYMENT REQUIRED.—The Secretary shall require the 

Department to cover costs to be incurred by the Secretary, 

or to reimburse the Secretary for costs incurred by the Secretary, to carry out the land conveyance under this section, 

including survey costs, costs related to environmental documentation, and other administrative costs related to the conveyance. If amounts are collected from the Department in advance 

of the Secretary incurring the actual costs, and the amount 

collected exceeds the costs actually incurred by the Secretary 

to carry out the land exchange, the Secretary shall refund 

the excess amount to Department. This paragraph does not 

apply to costs associated with the environmental remediation 

of the property to be conveyed. 

(2) TREATMENT OF AMOUNTS RECEIVED.—Amounts received 

as reimbursements under paragraph (1) shall be credited to 

the fund or account that was used to cover the costs incurred 

by the Secretary in carrying out the land exchange. Amounts 

so credited shall be merged with amounts in such fund or 

account and shall be available for the same purposes, and 

subject to the same conditions and limitations, as amounts 

in such fund or account. 

(c) DESCRIPTION OF PROPERTY.—The exact acreage and legal 

descriptions of the parcels of real property to be conveyed under 

subsection (a) shall be determined by a survey satisfactory to the 

Secretary. 

(d) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may 

require such additional terms and conditions in connection with 

the conveyances under subsection (a) as the Secretary considers 

appropriate to protect the interests of the United States. 

SEC. 2845. MODIFICATION OF LAND CONVEYANCE, FORT HOOD, TEXAS. 

Section 2848(a) of the Military Construction Authorization Act 

for Fiscal Year 2005 (division B of Public Law 108–375; 118 Stat. 

2140) is amended by striking ‘‘for the sole purpose’’ and all that 

follows through ‘‘Central Texas.’’ and inserting the following: ‘‘for 

the purpose of permitting the University System to use the property— 

‘‘(1) for the establishment of a State-supported university, 

separate from other universities of the University System, designated as Texas A&M University, Central Texas; and 

‘‘(2) for such other educational purposes as the University 

System considers to be appropriate and the Secretary of the 

Army determines to be compatible with military activities in 

the vicinity of the property.’’. 

SEC. 2846. LAND CONVEYANCE, LOCAL TRAINING AREA FOR 

BROWNING ARMY RESERVE CENTER, UTAH. 

(a) CONVEYANCE AUTHORIZED.—The Secretary of the Army may 

convey, without consideration, to the State of Utah Department 

of Veterans Affairs (in this section referred to as the ‘‘Department’’) 

all right, title, and interest of the United States in and to a parcel 


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of unimproved real property consisting of approximately five acres 

of the Local Training Area for the Browning Army Reserve Center, 

Utah, for the purpose of constructing and operating a Community 

Based Outpatient Clinic adjacent to the George E. Wahlen Veterans 

Home in Ogden, Utah. 

(b) PAYMENT OF COSTS OF CONVEYANCE.— (1) PAYMENT REQUIRED.—The Secretary may require the 

Department to cover costs to be incurred by the Secretary, 

or to reimburse the Secretary for costs incurred by the Secretary, to carry out the conveyance under subsection (a), 

including survey costs, costs related to environmental documentation, and other administrative costs related to the conveyance. If amounts paid to the Secretary in advance exceed the 

costs actually incurred by the Secretary to carry out the conveyance, the Secretary shall refund the excess amount to the 

Department. 

(2) TREATMENT OF AMOUNTS RECEIVED.—Amounts received 

as reimbursement under paragraph (1) shall be credited to 

the fund or account that was used to cover the costs incurred 

by the Department. Amounts so credited shall be merged with 

amounts in such fund or account, and shall be available for 

the same purposes, and subject to the same conditions and 

limitations, as amounts in such fund or account. 

(c) DESCRIPTION OF PROPERTY.—The exact acreage and legal 

description of the real property to be conveyed under subsection 

(a) shall be determined by a survey satisfactory to the Secretary. 

(d) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may 

require such additional terms and conditions in connection with 

the conveyance under subsection (a) as the Secretary considers 

appropriate to protect the interests of the United States. 

Subtitle F—Other Matters 

SEC. 2851. MODIFICATION OF NOTICE REQUIREMENTS IN ADVANCE 

OF PERMANENT REDUCTION OF SIZABLE NUMBERS OF 

MEMBERS OF THE ARMED FORCES AT MILITARY 

INSTALLATIONS. 

(a) CALCULATION OF NUMBER OF AFFECTED MEMBERS.—Subsection (a) of section 993 of title 10, United States Code, is amended 

by adding at the end the following new sentence: ‘‘In calculating 

the number of members to be reduced, the Secretary shall take 

into consideration both direct reductions and indirect reductions.’’. 

(b) NOTICE REQUIREMENTS.—Subsection (b) of such section is 

amended by striking paragraphs (1) through (3) and inserting the 

following new paragraphs: 

‘‘(1) the Secretary of Defense or the Secretary of the military department concerned— 

‘‘(A) submits to Congress a notice of the proposed reduction and the number of military and civilian personnel 

assignments affected, including reductions in base operations support services and personnel to occur because 

of the proposed reduction; and 

‘‘(B) includes in the notice a justification for the reduction and an evaluation of the costs and benefits of the 

reduction and of the local economic, strategic, and operational consequences of the reduction; and 


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‘‘(2) a period of 90 days expires following the day on which 

the notice is submitted to Congress.’’. 

(c) DEFINITIONS.—Such section is further amended by adding 

at the end the following new subsection: 

‘‘(d) DEFINITIONS.—In this section: 

‘‘(1) The term ‘indirect reduction’ means subsequent 

planned reductions or relocations in base operations support 

services and personnel able to occur due to the direct reductions. 

‘‘(2) The term ‘military installation’ means a base, camp, 

post, station, yard, center, homeport facility for any ship, or 

other activity under the jurisdiction of the Department of 

Defense, including any leased facility, which is located within 

any of the several States, the District of Columbia, the 

Commonwealth of Puerto Rico, American Samoa, the Virgin 

Islands, the Commonwealth of the Northern Mariana Islands, 

or Guam. Such term does not include any facility used primarily 

for civil works, rivers and harbors projects, or flood control 

projects.’’. 

SEC. 2852. ACCEPTANCE OF GIFTS AND SERVICES TO SUPPORT MILITARY MUSEUM PROGRAMS AND USE OF COOPERATIVE 

AGREEMENTS WITH NONPROFIT ENTITIES FOR MILITARY 

MUSEUM AND MILITARY EDUCATIONAL INSTITUTION 

PROGRAMS. 

(a) ACCEPTANCE OF GIFTS AND SERVICES.— 

(1) IN GENERAL.—Subsection (a) of section 2601 of title 

10, United States Code, is amended— 

(A) by striking ‘‘Subject to subsection (d)(2), the’’ and 

inserting ‘‘(1) The’’; and 

(B) by adding at the end the following new paragraph: 

‘‘(2)(A) Notwithstanding section 1342 of title 31, the Secretary 

concerned may accept a gift of services for a military museum 

program from a nonprofit entity established for the purpose of 

supporting a military museum program. Employees or personnel 

of a nonprofit entity who provide a gift of services under this 

subparagraph may not be considered to be employees of the United 

States. 

‘‘(B) For the use and benefit of a military museum program, 

the Secretary concerned may solicit from a bona fide collector a 

gift of books, manuscripts, works of art, historical artifacts, 

drawings, plans, models, or condemned or obsolete combat materiel.’’. 

(2) CONFORMING AMENDMENTS.—Such section is further 

amended— 

(A) in subsection (b)(1), by striking ‘‘Subject to subsection (d)(2), the’’ and inserting ‘‘The’’; 

(B) in subsection (d)— 

(i) in paragraph (1), by striking ‘‘subsection (b)’’ 

and inserting ‘‘such subsections’’; and 

(ii) in paragraph (2), by striking ‘‘and money may 

not be accepted under subsection (a) and property, 

money, and services may not be accepted under subsection’’ and inserting ‘‘, money, and services may not 

be accepted under subsection (a) or’’; and 

(C) in subsection (f), by striking ‘‘or money accepted 

under subsection (a) and any property, money, or services 

Time period. 


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accepted under subsection’’ and inserting ‘‘, money, or services accepted under subsection (a) or’’. 

(b) AUTHORITY FOR COOPERATIVE AGREEMENTS.— 

(1) IN GENERAL.—Chapter 155 of such title is amended 

by adding at the end the following new section: 

‘‘§ 2615. Military museums and military education programs: 

cooperative agreement authority 

‘‘(a) USE AUTHORIZED.—The Secretary concerned may enter 

into a cooperative agreement with a nonprofit entity for purposes 

related to— 

‘‘(1) a military museum program; or 

‘‘(2) the support of a military educational institution program. 

‘‘(b) COOPERATIVE AGREEMENT DESCRIBED.—For purposes of 

subsection (a), an authorized cooperative agreement is described 

in section 6305 of title 31, except that the use of a cooperative 

agreement by the Secretary concerned is limited to nonprofit entities.’’. 

(2) CLERICAL AMENDMENT.—The table of sections at the 

beginning of such chapter is amended by adding at the end 

the following new item: 

‘‘2615. Military museums and military education programs: cooperative agreement 

authority.’’. 

SEC. 2853. ADDITIONAL EXEMPTIONS FROM CERTAIN REQUIREMENTS 

APPLICABLE TO FUNDING FOR DATA SERVERS AND CENTERS. 

Section 2867(c) of the Military Construction Authorization Act 

for Fiscal Year 2012 (division B of Public Law 112–81; 125 Stat. 

1706; 10 U.S.C. 2223a note) is amended— 

(1) by striking ‘‘EXCEPTION.—The Chief’’ and inserting the 

following: ‘‘EXCEPTIONS.— 

‘‘(1) INTELLIGENCE COMPONENTS.—The Chief’’; and 

(2) by inserting at the end the following new paragraph: 

‘‘(2) RESEARCH, DEVELOPMENT, TEST, AND EVALUATION PROGRAMS.—The Chief Information Officer of the Department may 

exempt from the applicability of this section research, development, test, and evaluation programs that use authorization 

of appropriations for the High Performance Computing Modernization Program (Program Element 0603461A) if the Chief 

Information Officer determines that the exemption is in the 

best interest of national security.’’. 

SEC. 2854. REDESIGNATION OF THE CENTER FOR HEMISPHERIC 

DEFENSE STUDIES AS THE WILLIAM J. PERRY CENTER 

FOR HEMISPHERIC DEFENSE STUDIES. 

(a) REDESIGNATION.—The Department of Defense regional 

center for security studies known as the Center for Hemispheric 

Defense Studies is hereby renamed the ‘‘William J. Perry Center 

for Hemispheric Defense Studies’’. 

(b) CONFORMING AMENDMENTS.— 

(1) REFERENCE TO REGIONAL CENTERS FOR STRATEGIC

STUDIES.—Section 184 of title 10, United States Code, is 

amended— 

10 USC 184 note. 


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(A) in subsection (b)(2)(C), by striking ‘‘The Center 

for Hemispheric Defense Studies’’ and inserting ‘‘The William J. Perry Center for Hemispheric Defense Studies’’; 

and 

(B) in subsection (f)(5), by striking ‘‘the Center for 

Hemispheric Defense Studies’’ and inserting ‘‘the William 

J. Perry Center for Hemispheric Defense Studies’’. 

(2) ACCEPTANCE OF GIFTS AND DONATIONS.—Section 

2611(a)(2)(C) of such title is amended by striking ‘‘Center for 

Hemispheric Defense Studies.’’ and inserting ‘‘William J. Perry 

Center for Hemispheric Defense Studies.’’. 

(c) REFERENCES.—Any reference to the Department of Defense 

Center for Hemispheric Defense Studies in any law, regulation, 

map, document, record, or other paper of the United States shall 

be deemed to be a reference to the William J. Perry Center for 

Hemispheric Defense Studies. 

SEC. 2855. SENSE OF CONGRESS REGARDING ESTABLISHMENT OF 

MILITARY DIVERS MEMORIAL AT WASHINGTON NAVY 

YARD. 

It is the sense of Congress that the Secretary of the Navy 

should provide an appropriate site at the former Navy Dive School 

at the Washington Navy Yard for a memorial to honor the members 

of the Armed Forces who have served as divers and whose service 

in defense of the United States has been carried out beneath the 

waters of the world, subject to the conditions that— 

(1) the memorial be paid for with private funds; and 

(2) the Secretary of the Navy retain exclusive authority 

to approve the design and site of the memorial. 

SEC. 2856. LIMITATION ON AVAILABILITY OF FUNDS PENDING REPORT 

REGARDING ACQUISITION OF LAND AND DEVELOPMENT 

OF A TRAINING RANGE FACILITY ADJACENT TO THE 

MARINE CORPS AIR GROUND COMBAT CENTER 

TWENTYNINE PALMS, CALIFORNIA. 

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

(1) The Marine Corps has studied the feasibility of 

acquiring land and developing a training range facility to conduct Marine Expeditionary Brigade level live-fire training on 

or near the West Coast. 

(2) The Bureau of Land Management estimates on national 

economic impact show $261,500,000 in commerce at risk. 

(3) Economic impact on the local community is estimated 

to be $71,100,000. 

(b) LIMITATION OF FUNDS PENDING REPORT.— 

(1) IN GENERAL.—The Secretary of the Navy may not obligate or expend funds for the transfer of land or development 

of a new training range on land adjacent to the Marine Corps 

Air Ground Combat Center Twentynine Palms, California, until 

the Secretary of the Navy has provided the congressional 

defense committees a report on the Marine Corps’ efforts with 

respect to the proposed training range. 

(2) ELEMENTS OF REPORT.—The report required under paragraph (1) shall be submitted not later than 90 days after 

the date of the enactment of this Act and shall include the 

following: 

10 USC 184 note. 


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(A) A description of the actual training requirements 

for the proposed range and where those training requirements are currently being met to support combat deployments. 

(B) Identification of the impact on off-road vehicle recreational users of the land, the economic impact on the 

local economy, the recreation industry, and any other stakeholders. 

(C) Identification of any concerns discussed with the 

Bureau of Land Management regarding their assessments 

of the impact on other users. 

(D) Identification of the impact on the State of California’s 1980 Desert Conservation Plan regarding allocation 

of the Off Highway Vehicle Recreation Areas. 

(E) An evaluation of the potential to use the same 

land without transfer, but under specific permits for use 

provided by the Bureau of Land Management (as such 

permits are used at other locations from the Forest Service 

and Bureau of Land Management). 

(F) An evaluation of any potential impacts on other 

Bureau of Land Management lands proximate to Marine 

Corps Air Ground Combat Center Twentynine Palms or 

other locations in the geographic region. 

(3) SECRETARY OF DEFENSE WAIVER.—In the event of urgent 

national need, the Secretary of Defense may notify the congressional defense committees and waive the requirement for the 

report required under paragraph (1). 

SEC. 2857. OVERSIGHT AND MAINTENANCE OF CLOSED BASE CEMETERIES OVERSEAS CONTAINING THE REMAINS OF MEMBERS OF THE ARMED FORCES OR CITIZENS OF THE 

UNITED STATES. 

(a) OVERSIGHT AND MAINTENANCE PLAN REQUIRED.—Not later 

than 30 days after the closure of a United States military installation located outside of the United States that includes a cemetery 

containing the remains of members of the Armed Forces or citizens 

of the United States, the Secretary of Defense shall submit to 

the Committees on Armed Services of the Senate and the House 

of Representatives a report containing a plan to ensure the oversight 

and continued operation and maintenance of the cemetery. 

(b) PLAN ELEMENTS.—The plan for a military installation cemetery outside of the United States required by subsection (a) shall— 

(1) specify the Federal agency or private entity that will 

assume responsibility for the operation and maintenance of 

the cemetery following the closure of the installation; and 

(2) describe the information with regard to the cemetery 

that has been provided to the responsible agency or private 

entity. 

SEC. 2858. REPORT ON ESTABLISHMENT OF JOINT ARMED FORCES 

HISTORICAL STORAGE AND PRESERVATION FACILITY. 

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

this Act, the Secretary of Defense shall submit to the congressional 

defense committees a report setting forth an assessment of the 

feasability and advisability of establishing a joint Armed Forces 

historical storage and preservation facility. The report shall include 

a description and assessment of the current capacities and qualities 

Deadline. 

Reports. 


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126 STAT. 2164 PUBLIC LAW 112–239—JAN. 2, 2013 

of the historical storage and preservation installations of each of 

the Armed Forces, including the following: 

(1) An identification of any excess capacity at any such 

installation. 

(2) An identification of any shortfalls in the capacity or 

quality of such installations of any Armed Force, and a description of possible actions to address such shortfalls. 

SEC. 2859. ESTABLISHMENT OF COMMEMORATIVE WORK TO GOLD 

STAR MOTHERS. 

(a) ELIGIBLE FEDERAL LAND.—In this section, the term ‘‘eligible 

Federal land’’ means Federal land depicted as ‘‘Area I’’ or ‘‘Area 

II’’ on the map numbered 869/86501 B and dated June 24, 2003. 

The term does not include the Reserve (as defined in section 8902(a) 

of title 40, United States Code). 

(b) COMMEMORATIVE WORK AUTHORIZED.—The Gold Star Mothers National Monument Foundation may establish a commemorative work on eligible Federal land to commemorate the sacrifices 

made by mothers, and made by their sons and daughters who 

as members of the Armed Forces make the ultimate sacrifice, in 

defense of the United States. 

(c) COMPLIANCE WITH STANDARDS FOR COMMEMORATIVE

WORKS.—Chapter 89 of title 40, United States Code, and other 

applicable Federal laws and regulations shall apply to the establishment of the commemorative work authorized by this section. 

(d) PROHIBITION ON USE OF FEDERAL FUNDS.—The Gold Star 

Mothers National Monument Foundation may not use Federal funds 

to establish the commemorative work authorized by this section. 

(e) DEPOSIT OF EXCESS FUNDS.— 

(1) UPON ESTABLISHMENT OF COMMEMORATIVE WORK.—If, 

upon payment of all expenses for the establishment of the 

commemorative work authorized by this section (including the 

maintenance and preservation amounts required by section 

8906(b)(1) of title 40, United States Code), there remains a 

balance of funds received for the establishment of the 

commemorative work, the Gold Star Mothers National Monument Foundation shall transmit the amount of the balance 

to the account provided for in section 8906(b)(3) of such title. 

(2) UPON EXPIRATION OF AUTHORITY TO ESTABLISH

COMMEMORATIVE WORK.—If, upon expiration of the authority 

for the commemorative work under section 8903(e) of title 

40, United Sates Code, there remains a balance of funds 

received for the establishment of the commemorative work, 

the Gold Star Mothers National Monument Foundation shall 

transmit the amount of the balance to a separate account 

with the National Park Foundation for memorials, to be available to the Secretary of the Interior or Administrator of General 

Services (as appropriate) following the process provided in section 8906(b)(4) of such title for accounts established under 

section 8906(b)(3) of such title. 

SEC. 2860. ESTABLISHMENT OF COMMEMORATIVE WORK TO SLAVES 

AND FREE BLACK PERSONS WHO SERVED IN AMERICAN 

REVOLUTION. 

(a) ELIGIBLE FEDERAL LAND.—In this section, the term ‘‘eligible 

Federal land’’ means Federal land depicted as ‘‘Area I’’ or ‘‘Area 

II’’ on the map numbered 869/86501 B and dated June 24, 2003. 

40 USC 8903 

note. 

Applicability. 

40 USC 8903 

note. 


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PUBLIC LAW 112–239—JAN. 2, 2013 126 STAT. 2165 

The term does not include the Reserve (as defined in section 8902(a) 

of title 40, United States Code). 

(b) COMMEMORATIVE WORK AUTHORIZED.—The National Mall 

Liberty Fund D.C. may establish a memorial on eligible Federal 

land to honor the more than 5,000 courageous slaves and free 

Black persons who served as soldiers and sailors or provided civilian 

assistance during the American Revolution. 

(c) COMPLIANCE WITH STANDARDS FOR COMMEMORATIVE

WORKS.—Chapter 89 of title 40, United States Code, and other 

applicable Federal laws and regulations shall apply to the establishment of the commemorative work authorized by this section. 

(d) PROHIBITION ON USE OF FEDERAL FUNDS.—The National 

Mall Liberty Fund D.C. may not use Federal funds to establish 

the commemorative work authorized by this section. 

(e) DEPOSIT OF EXCESS FUNDS.— 

(1) UPON ESTABLISHMENT OF COMMEMORATIVE WORK.—If, 

upon payment of all expenses for the establishment of the 

commemorative work authorized by this section (including the 

maintenance and preservation amounts required by section 

8906(b)(1) of title 40, United States Code), there remains a 

balance of funds received for the establishment of the 

commemorative work, the National Mall Liberty Fund D.C. 

shall transmit the amount of the balance to the account provided for in section 8906(b)(3) of such title. 

(2) UPON EXPIRATION OF AUTHORITY TO ESTABLISH

COMMEMORATIVE WORK.—If, upon expiration of the authority 

for the commemorative work under section 8903(e) of title 

40, United Sates Code, there remains a balance of funds 

received for the establishment of the commemorative work, 

the National Mall Liberty Fund D.C. shall transmit the amount 

of the balance to a separate account with the National Park 

Foundation for memorials, to be available to the Secretary 

of the Interior or Administrator of General Services (as appropriate) following the process provided in section 8906(b)(4) of 

such title for accounts established under section 8906(b)(3) 

of such title. 

(f) REPEAL OF JOINT RESOLUTIONS.—Public Law 99–558 (110 

Stat. 3144; 40 U.S.C. 8903 note) and Public Law 100–265 (102 

Stat. 39; 40 U.S.C. 8903 note) are repealed. 

TITLE XXIX—OVERSEAS CONTINGENCY 

OPERATIONS MILITARY CONSTRUCTION 

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

SEC. 2901. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISITION PROJECT. 

(a) OUTSIDE THE UNITED STATES.—The Secretary of the Navy 

may acquire real property and carry out the military construction 

project for the installation outside the United States, and in the 

amount, set forth in the following table: 

Applicability. 


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126 STAT. 2166 PUBLIC LAW 112–239—JAN. 2, 2013 

Navy: Outside the United States 

Country Installation Amount 

Djibouti .................. Camp Lemonier ............................. $99,420,000 

(b) AUTHORIZATION OF APPROPRIATIONS.—Funds are hereby 

authorized to be appropriated for fiscal years beginning after September 30, 2012, for the military construction project outside the 

United States authorized by subsection (a) as specified in the 

funding table in section 4602. 

DIVISION C—DEPARTMENT OF ENERGY 

NATIONAL SECURITY AUTHORIZATIONS AND OTHER AUTHORIZATIONS 

TITLE XXXI—DEPARTMENT OF ENERGY 

NATIONAL SECURITY PROGRAMS 

Subtitle A—National Security Programs Authorizations 

Sec. 3101. National Nuclear Security Administration. 

Sec. 3102. Defense environmental cleanup. 

Sec. 3103. Other defense activities. 

Subtitle B—Program Authorizations, Restrictions, and Limitations 

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

Sec. 3112. Budget justification materials. 

Sec. 3113. National Nuclear Security Administration Council. 

Sec. 3114. Replacement project for Chemistry and Metallurgy Research Building, 

Los Alamos National Laboratory, New Mexico. 

Sec. 3115. Design and use of prototypes of nuclear weapons. 

Sec. 3116. Two-year extension of schedule for disposition of weapons-usable plutonium at Savannah River Site, Aiken, South Carolina. 

Sec. 3117. Transparency in contractor performance evaluations by the National Nuclear Security Administration leading to award fees. 

Sec. 3118. Modification and extension of authority on acceptance of contributions 

for acceleration of removal or security of fissile materials, radiological 

materials, and related equipment at vulnerable sites worldwide. 

Sec. 3119. Limitation on availability of funds for Center of Excellence on Nuclear 

Security. 

Sec. 3120. Improvement and streamlining of the missions and operations of the Department of Energy and National Nuclear Security Administration. 

Sec. 3121. Cost-benefit analyses for competition of management and operating contracts. 

Sec. 3122. Program on scientific engagement for nonproliferation. 

Sec. 3123. Cost containment for Uranium Capabilities Replacement Project. 

Subtitle C—Improvements to National Security Energy Laws 

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

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

Sec. 3133. Consolidated reporting requirements relating to nuclear stockpile stewardship, management, and infrastructure. 

Sec. 3134. Repeal of certain reporting requirements. 

Subtitle D—Reports 

Sec. 3141. Reports on lifetime extension programs. 

Sec. 3142. Notification of nuclear criticality and non-nuclear incidents. 

Sec. 3143. Quarterly reports to Congress on financial balances for atomic energy 

defense activities. 

Sec. 3144. National Academy of Sciences study on peer review and design competition related to nuclear weapons. 

Sec. 3145. Report on defense nuclear nonproliferation programs. 


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PUBLIC LAW 112–239—JAN. 2, 2013 126 STAT. 2167 

Sec. 3146. Study on reuse of plutonium pits. 

Sec. 3147. Assessment of nuclear weapon pit production requirement. 

Sec. 3148. Study on a multiagency governance model for national security laboratories. 

Sec. 3149. Report on efficiencies in facilities and functions of the National Nuclear 

Security Administration. 

Sec. 3150. Study on regional radiological security zones. 

Sec. 3151. Report on abandoned uranium mines. 

Subtitle E—Other Matters 

Sec. 3161. Use of probabilistic risk assessment to ensure nuclear safety. 

Sec. 3162. Submittal to Congress of selected acquisition reports and independent 

cost estimates on life extension programs and new nuclear facilities. 

Sec. 3163. Classification of certain restricted data. 

Sec. 3164. Advice to President and Congress regarding safety, security, and reliability of United States nuclear weapons stockpile and nuclear forces. 

Sec. 3165. Pilot program on technology commercialization. 

Sec. 3166. Congressional advisory panel on the governance of the nuclear security 

enterprise. 

Subtitle F—American Medical Isotopes Production 

Sec. 3171. Short title. 

Sec. 3172. Definitions. 

Sec. 3173. Improving the reliability of domestic medical isotope supply. 

Sec. 3174. Exports. 

Sec. 3175. Report on disposition of exports. 

Sec. 3176. Domestic medical isotope production. 

Sec. 3177. Annual Department reports. 

Sec. 3178. National Academy of Sciences report. 

Subtitle A—National Security Programs 

Authorizations 

SEC. 3101. NATIONAL NUCLEAR SECURITY ADMINISTRATION. 

(a) AUTHORIZATION OF APPROPRIATIONS.—Funds are hereby 

authorized to be appropriated to the Department of Energy for 

fiscal year 2013 for the activities of the National Nuclear Security 

Administration in carrying out programs as specified in the funding 

table in section 4701. 

(b) AUTHORIZATION OF NEW PLANT PROJECTS.—From funds 

referred to in subsection (a) that are available for carrying out 

plant projects, the Secretary of Energy may carry out new plant 

projects for the National Nuclear Security Administration as follows: 

Project 13–D–301, Electrical Infrastructure Upgrades, 

Lawrence Livermore National Laboratory, Livermore, California, and Los Alamos National Laboratory, Los Alamos, 

New Mexico, $23,000,000. 

Project 13–D–903, Kesselring Site Prototype Staff 

Building, Kesselring Site, West Milton, New York, 

$14,000,000. 

Project 13–D–904, Kesselring Site Radiological Work 

and Storage Building, Kesselring Site, West Milton, New 

York, $2,000,000. 

Project 13–D–905, Remote-Handled Low-Level Waste 

Disposal Project, Idaho National Laboratory, $8,890,000. 

SEC. 3102. DEFENSE ENVIRONMENTAL CLEANUP. 

Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2013 for defense environmental 

cleanup activities in carrying out programs as specified in the 

funding table in section 4701. 


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126 STAT. 2168 PUBLIC LAW 112–239—JAN. 2, 2013 

SEC. 3103. OTHER DEFENSE ACTIVITIES. 

Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2013 for other defense activities 

in carrying out programs as specified in the funding table in section 

4701. 

Subtitle B—Program Authorizations, 

Restrictions, and Limitations 

SEC. 3111. AUTHORIZED PERSONNEL LEVELS OF THE OFFICE OF THE 

ADMINISTRATOR. 

(a) CAP ON FULL-TIME EQUIVALENT POSITIONS.— 

(1) IN GENERAL.—Subtitle C of the National Nuclear Security Administration Act (50 U.S.C. 2441 et seq.) is amended 

by inserting after section 3241 the following new section: 

‘‘SEC. 3241A. AUTHORIZED PERSONNEL LEVELS OF THE OFFICE OF 

THE ADMINISTRATOR. 

‘‘(a) FULL-TIME EQUIVALENT PERSONNEL LEVELS.— 

‘‘(1) TOTAL NUMBER.—By October 1, 2014, the total number 

of employees of the Office of the Administrator may not exceed 

1,825. 

‘‘(2) EXCESS.—For fiscal year 2015 and each fiscal year 

thereafter, the Administrator may not exceed the total number 

of employees authorized under paragraph (1) unless, during 

each fiscal year in which such total number exceeds 1,825, 

the Administrator submits to the congressional defense committees a report justifying such excess. 

‘‘(b) COUNTING RULE.—(1) A determination of the number of 

employees in the Office of the Administrator under subsection (a) 

shall be expressed on a full-time equivalent basis. 

‘‘(2) Except as provided by paragraph (3), in determining the 

total number of employees in the Office of the Administrator under 

subsection (a), the Administrator shall count each employee of 

the Office without regard to whether the employee is located at 

the headquarters of the Administration, a site office of the Administration, a service or support center of the Administration, or any 

other location. 

‘‘(3) The following employees may not be counted for purposes 

of determining the total number of employees in the Office of 

the Administrator under subsection (a): 

‘‘(A) Employees of the Office of Naval Reactors. 

‘‘(B) Employees of the Office of Secure Transportation. 

‘‘(C) Members of the Armed Forces detailed to the Administration. 

‘‘(D) Personnel supporting the Office of the Administrator 

pursuant to the mobility program under subchapter VI of 

chapter 33 of title 5, United States Code (commonly referred 

to as the ‘Intergovernmental Personnel Act Mobility Program’). 

‘‘(c) VOLUNTARY EARLY RETIREMENT.—In accordance with section 3523 of title 5, United States Code, the Administrator may 

offer voluntary separation or retirement incentives to meet the 

total number of employees authorized under subsection (a). 

‘‘(d) USE OF IPA.—The Administrator shall ensure that the 

expertise of the national security laboratories and the nuclear 

Determination. 

Reports. 

Deadline. 

50 USC 2441a. 


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PUBLIC LAW 112–239—JAN. 2, 2013 126 STAT. 2169 

weapons production facilities is made available to the Administration, the Department of Energy, the Department of Defense, other 

Federal agencies, and Congress through the temporary assignment 

of personnel from such laboratories and facilities pursuant to the 

Intergovernmental Personnel Act Mobility Program and other 

similar programs.’’. 

(2) CLERICAL AMENDMENT.—The table of contents at the 

beginning of such Act is amended by inserting after the item 

relating to section 3241 the following new item: 

‘‘Sec. 3241A. Authorized personnel levels of the Office of the Administrator.’’. 

(b) INCREASE IN EXCEPTED POSITIONS.— 

(1) IN GENERAL.—Section 3241 of the National Nuclear 

Security Administration Act (50 U.S.C. 2441) is amended— 

(A) by striking ‘‘300’’ and inserting ‘‘600’’; 

(B) by inserting ‘‘contracting, program management,’’ 

before ‘‘scientific’’; and 

(C) by adding at the end the following new sentence: 

‘‘To ensure that the excepted positions established under 

this section are used, the Administrator, to the extent 

practicable, shall appoint an individual to such an excepted 

position to replace the vacancy of a nonexcepted position.’’. 

(2) CONFORMING AMENDMENT.—The heading of such section 

is amended by inserting ‘‘CONTRACTING, PROGRAM MANAGEMENT,’’ before ‘‘SCIENTIFIC’’. 

(3) CLERICAL AMENDMENT.—The table of contents at the 

beginning of such Act is amended by striking the item relating 

to section 3241 and inserting the following new item: 

‘‘Sec. 3241. Authority to establish certain contracting, program management, scientific, engineering, and technical positions.’’. 

SEC. 3112. BUDGET JUSTIFICATION MATERIALS. 

Section 3251(b) of the National Nuclear Security Administration 

Act (50 U.S.C. 2451(b)) is amended— 

(1) by striking ‘‘In the’’ and inserting ‘‘(1) In the’’; and 

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

‘‘(2) In the budget justification materials submitted to Congress 

in support of each such budget, the Administrator shall include 

an assessment of how the budget maintains the core nuclear 

weapons skills of the Administration, including nuclear weapons 

design, engineering, production, testing, and prediction of stockpile 

aging.’’. 

SEC. 3113. NATIONAL NUCLEAR SECURITY ADMINISTRATION COUNCIL. 

(a) NNSA COUNCIL.—Section 4102 of the Atomic Energy 

Defense Act (50 U.S.C. 2512) is amended to read as follows: 

‘‘SEC. 4102. MANAGEMENT STRUCTURE FOR NUCLEAR SECURITY 

ENTERPRISE. 

‘‘(a) IN GENERAL.—The Administrator shall establish a management structure for the nuclear security enterprise in accordance 

with the National Nuclear Security Administration Act (50 U.S.C. 

2401 et seq.). 

‘‘(b) NATIONAL NUCLEAR SECURITY ADMINISTRATION COUNCIL.— 

(1) The Administrator shall establish a council to be known as 

the ‘National Nuclear Security Administration Council’. The Council 

may advise the Administrator on— 

Establishment. 

Assessment. 

Appointment. 


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126 STAT. 2170 PUBLIC LAW 112–239—JAN. 2, 2013 

‘‘(A) scientific and technical issues relating to policy matters; 

‘‘(B) operational concerns; 

‘‘(C) strategic planning; 

‘‘(D) the development of priorities relating to the mission 

and operations of the Administration and the nuclear security 

enterprise; and 

‘‘(E) such other matters as the Administrator determines 

appropriate. 

‘‘(2) The Council shall be composed of the directors of the 

national security laboratories and the nuclear weapons production 

facilities. 

‘‘(3) The Council may provide the Administrator or the Secretary of Energy recommendations for improving the— 

‘‘(A) governance, management, effectiveness, and efficiency 

of the Administration; and 

‘‘(B) any other matter in accordance with paragraph (1). 

‘‘(4) Not later than 60 days after the date on which any recommendation under paragraph (3) is received, the Administrator 

or the Secretary, as the case may be, shall respond to the Council 

with respect to whether such recommendation will be implemented 

and the reasoning for implementing or not implementing such recommendation.’’. 

(b) CLERICAL AMENDMENT.—The table of contents at the beginning of such Act is amended by striking the item relating to section 

4102 and inserting the following new item: 

‘‘Sec. 4102. Management structure for nuclear security enterprise.’’. 

SEC. 3114. REPLACEMENT PROJECT FOR CHEMISTRY AND METALLURGY RESEARCH BUILDING, LOS ALAMOS NATIONAL 

LABORATORY, NEW MEXICO. 

(a) PROJECT REQUIRED.— 

(1) IN GENERAL.—Subtitle A of title XLII of the Atomic 

Energy Defense Act (50 U.S.C. 2521 et seq.) is amended by 

adding at the end the following new section: 

‘‘SEC. 4215. REPLACEMENT PROJECT FOR CHEMISTRY AND METALLURGY RESEARCH BUILDING, LOS ALAMOS NATIONAL 

LABORATORY, NEW MEXICO. 

‘‘(a) REPLACEMENT BUILDING REQUIRED.—The Secretary of 

Energy shall construct at Los Alamos National Laboratory, New 

Mexico, a building to replace the functions of the existing Chemistry 

and Metallurgy Research Building at Los Alamos National Laboratory associated with Department of Energy Hazard Category 2 

special nuclear material operations. 

‘‘(b) LIMITATION ON COST.—The cost of the building constructed 

under subsection (a) may not exceed $3,700,000,000. If the Secretary 

determines the cost will exceed such amount, the Secretary shall 

submit a detailed justification for such increase to the congressional 

defense committees. 

‘‘(c) PROJECT BASIS.—The construction authorized by subsection 

(a) shall use as its basis the facility project in the Department 

of Energy Readiness and Technical Base designated 04–D–125 

(chemistry and metallurgy facility replacement project at Los 

Alamos National Laboratory). 

‘‘(d) ASSISTANCE.—(1) In carrying out this section, the Secretary 

shall procure the services of the Commander of the Naval Facilities 

Contracts. 

Determination. 

50 USC 2535. 

Deadline. 


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Engineering Command to assist the Secretary with respect to the 

program management, oversight, and design activities of the project 

authorized by subsection (a). 

‘‘(2) The Secretary shall carry out this subsection using funds 

made available for the National Nuclear Security Administration. 

‘‘(e) DEADLINE FOR COMMENCEMENT OF OPERATIONS.—The 

building constructed under subsection (a) shall commence operations by not later than December 31, 2026.’’. 

(2) CLERICAL AND TECHNICAL AMENDMENT.—The table of 

contents at the beginning of such Act is amended by inserting 

after the item relating to section 4214, as added by section 

3131(g)(2), the following new item: 

‘‘Sec. 4215. Replacement project for Chemistry and Metallurgy Research Building, 

Los Alamos National Laboratory, New Mexico.’’. 

(b) FUNDING.— (1) FISCAL YEAR 2013 FUNDS.— 

(A) IN GENERAL.—Except as provided in subparagraph 

(B), of the amounts authorized to be appropriated by this 

Act for fiscal year 2013 for the National Nuclear Security 

Administration, $70,000,000 shall be available for the 

construction of the building authorized by section 4215 

of the Atomic Energy Defense Act, as added by subsection 

(a). 

(B) EXCEPTION.—The following amounts authorized to 

be appropriated by this Act for fiscal year 2013 for the 

National Nuclear Security Administration shall not be 

available for the construction of the building: 

(i) Amounts available for Directed Stockpile Work. 

(ii) Amounts available for Naval Reactors. 

(iii) Amounts available for the facility project in 

the Department of Energy Readiness and Technical 

Base designated 06–D–141. 

(2) PRIOR FISCAL YEAR FUNDS.—Amounts authorized to be 

appropriated for the Department of Energy for a fiscal year 

before fiscal year 2013 and available for the facility project 

in the Department of Energy Readiness and Technical Base 

designated 04–D–125 (chemistry and metallurgy facility 

replacement project at Los Alamos National Laboratory, New 

Mexico) shall be available for the construction of the building 

authorized by section 4215 of the Atomic Energy Defense Act, 

as added by subsection (a). 

(c) LIMITATION ON ALTERNATIVE PLUTONIUM STRATEGY.—No 

funds authorized to be appropriated by this Act or any other Act 

may be obligated or expended on any activities associated with 

a plutonium strategy for the National Nuclear Security Administration that does not include achieving full operational capability of 

the replacement project by December 31, 2026, as required by 

section 4215(e) of the Atomic Energy Defense Act, as added by 

subsection (a). 

(d) NAVAL REACTOR STUDY.— (1) IN GENERAL.—The Deputy Administrator for Naval 

Reactors shall conduct a study of the replacement project, 

including an analysis of the cost, benefits, and risks with 

respect to nuclear safety. 

(2) SUBMISSION.—Not later than 18 months after the date 

of the enactment of this Act, the Deputy Administrator shall 

Deadline. 

Reports. 

Recommendations. 

50 USC 2535 

note. 

Deadline. 

50 USC 2535 

note. 


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126 STAT. 2172 PUBLIC LAW 112–239—JAN. 2, 2013 

submit to the congressional defense committees a report on 

the study under paragraph (1), including recommendations of 

the Deputy Administrator with respect to the project structure, 

oversight model, and potential cost savings of the replacement 

project. 

(3) CONSIDERATION OF RECOMMENDATIONS.—In carrying out 

the replacement project, the Secretary of Energy shall consider 

the recommendations made by the Deputy Administrator in 

the report under paragraph (2) and incorporate such recommendations into the project as the Secretary considers appropriate. 

(4) FUNDING.—The Secretary of Energy and the Deputy 

Administrator shall carry out this subsection using funds 

authorized to be appropriated by this Act or otherwise made 

available for the National Nuclear Security Administration that 

are not made available for the Naval Nuclear Propulsion Program. 

(e) REPLACEMENT PROJECT DEFINED.—In this section, the term 

‘‘replacement project’’ means the replacement project for the Chemistry and Metallurgy Research Building authorized by section 4215 

of the Atomic Energy Defense Act, as added by subsection (a). 

SEC. 3115. DESIGN AND USE OF PROTOTYPES OF NUCLEAR WEAPONS. 

(a) PROTOTYPES.—Subtitle A of title XLV of the Atomic Energy 

Defense Act (50 U.S.C. 2651 et seq.) is amended by adding at 

the end the following new section: 

‘‘SEC. 4509. DESIGN AND USE OF PROTOTYPES OF NUCLEAR WEAPONS 

FOR INTELLIGENCE PURPOSES. 

‘‘(a) PROTOTYPES.—The Administrator shall develop and carry 

out a plan for the national security laboratories and nuclear 

weapons production facilities to design and build prototypes of 

nuclear weapons to further intelligence estimates with respect to 

foreign nuclear weapons activities. 

‘‘(b) PROHIBITION ON PRODUCTION OF NUCLEAR YIELDS.—In carrying out subsection (a), the Administrator may not conduct any 

experiments that produce a nuclear yield.’’. 

(b) CLERICAL AMENDMENT.—The table of contents at the beginning of such Act is amended by inserting after the item relating 

to section 4508 the following new item: 

‘‘Sec. 4509. Design and use of prototypes of nuclear weapons for intelligence purposes.’’. 

SEC. 3116. TWO-YEAR EXTENSION OF SCHEDULE FOR DISPOSITION 

OF WEAPONS-USABLE PLUTONIUM AT SAVANNAH RIVER 

SITE, AIKEN, SOUTH CAROLINA. 

Section 4306 of the Atomic Energy Defense Act (50 U.S.C. 

2566) is amended— 

(1) in subsection (a)(3)— 

(A) in subparagraph (C), by striking ‘‘2012’’ and 

inserting ‘‘2014’’; and 

(B) in subparagraph (D), by striking ‘‘2017’’ and 

inserting ‘‘2019’’; 

(2) in subsection (b)— 

(A) in paragraph (1), by striking ‘‘by January 1, 2012’’; 

and 

(B) in paragraph (5), by striking ‘‘2012’’ and inserting 

‘‘2014’’; 

Plans. 

50 USC 2660. 

50 USC 2535 

note. 


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PUBLIC LAW 112–239—JAN. 2, 2013 126 STAT. 2173 

(3) in subsection (c)— 

(A) in the matter preceding paragraph (1), by striking 

‘‘2012’’ and inserting ‘‘2014’’; 

(B) in paragraph (1), by striking ‘‘2014’’ and inserting 

‘‘2016’’; and 

(C) in paragraph (2), by striking ‘‘2020’’ each place 

it appears and inserting ‘‘2022’’; 

(4) in subsection (d)— 

(A) in paragraph (1)— 

(i) by striking ‘‘2014’’ and inserting ‘‘2016’’; and 

(ii) by striking ‘‘2019’’ and inserting ‘‘2021’’; and 

(B) in paragraph (2)(A), by striking ‘‘2020’’ each place 

it appears and inserting ‘‘2022’’; and 

(5) in subsection (e), by striking ‘‘2023’’ and inserting 

‘‘2025’’. 

SEC. 3117. TRANSPARENCY IN CONTRACTOR PERFORMANCE EVALUATIONS BY THE NATIONAL NUCLEAR SECURITY ADMINISTRATION LEADING TO AWARD FEES. 

(a) PUBLICATION REQUIRED.— (1) IN GENERAL.—Subtitle A of title XLVIII of the Atomic 

Energy Defense Act (50 U.S.C. 2781 et seq.) is amended by 

adding at the end the following new section: 

‘‘SEC. 4805. PUBLICATION OF CONTRACTOR PERFORMANCE EVALUATIONS LEADING TO AWARD FEES. 

‘‘(a) IN GENERAL.—The Administrator shall take appropriate 

actions to make available to the public, to the maximum extent 

practicable, contractor performance evaluations conducted by the 

Administration of management and operating contractors of the 

nuclear security enterprise that results in the award of an award 

fee to the contractor concerned. 

‘‘(b) FORMAT.—Performance evaluations shall be made public 

under this section in a common format that facilitates comparisons 

of performance evaluations between and among similar management and operating contracts.’’. 

(2) CLERICAL AMENDMENT.—The table of contents at the 

beginning of such Act is amended by inserting after the item 

relating to section 4803 the following new items: 

‘‘Sec. 4804. Notice-and-wait requirement applicable to certain third-party financing 

arrangements. ‘‘Sec. 4805. Publication of contractor performance evaluations leading to award 

fees.’’. 

(b) EFFECTIVE DATE.—The amendments made by subsection 

(a) shall take effect on the date of the enactment of this Act, 

and shall apply with respect to contractor performance evaluations 

conducted by the National Nuclear Security Administration on or 

after that date. 

SEC. 3118. MODIFICATION AND EXTENSION OF AUTHORITY ON ACCEPTANCE OF CONTRIBUTIONS FOR ACCELERATION OF 

REMOVAL OR SECURITY OF FISSILE MATERIALS, RADIOLOGICAL MATERIALS, AND RELATED EQUIPMENT AT 

VULNERABLE SITES WORLDWIDE. 

(a) PROGRAMS FOR WHICH FUNDS MAY BE ACCEPTED.—Paragraph (2) of section 3132(f) of the Ronald W. Reagan National 

Defense Authorization Act for Fiscal Year 2005 (50 U.S.C. 2569(f)) 

is amended to read as follows: 

Applicability. 

50 USC 2785 

note. 

Public 

information. 

50 USC 2785. 


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126 STAT. 2174 PUBLIC LAW 112–239—JAN. 2, 2013 

‘‘(2) PROGRAMS COVERED.—The programs described in this 

paragraph are any programs within the Office of Defense 

Nuclear Nonproliferation of the National Nuclear Security 

Administration.’’. 

(b) EXTENSION.—Paragraph (7) of such section is amended by 

striking ‘‘December 31, 2013’’ and inserting ‘‘December 31, 2018’’. 

SEC. 3119. LIMITATION ON AVAILABILITY OF FUNDS FOR CENTER OF 

EXCELLENCE ON NUCLEAR SECURITY. 

(a) LIMITATION.—Of the funds authorized to be appropriated 

by this Act or otherwise made available for fiscal year 2013 for 

the National Nuclear Security Administration, not more than 

$7,000,000 may be obligated or expended for the United StatesChina Center of Excellence on Nuclear Security until the date 

on which the Secretary of Energy submits to the appropriate 

congressional committees the report under subsection (b)(2). 

(b) NUCLEAR SECURITY.— (1) REVIEW.—The Secretary of Energy, in coordination with 

the Secretary of Defense, shall conduct a review of the existing 

and planned nonproliferation activities with the People’s 

Republic of China as of the date of the enactment of this 

Act to determine if the engagement is directly or indirectly 

supporting the proliferation of nuclear weapons development 

and technology to other nations. 

(2) REPORT.—Not later than 90 days after the date of 

the enactment of this Act, the Secretary of Energy shall submit 

to the appropriate congressional committees a report certifying 

that the activities reviewed under paragraph (1) are not contributing to the proliferation of nuclear weapons development and 

technology to other nations. 

(c) FORM.—The report under subsection (b)(2) may be submitted 

in unclassified form and may include a classified annex. 

(d) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In 

this section, the term ‘‘appropriate congressional committees’’ 

means— 

(1) the Committee on Armed Services and the Committee 

on Foreign Affairs of the House of Representatives; and 

(2) the Committee on Armed Services and the Committee 

on Foreign Relations of the Senate. 

SEC. 3120. IMPROVEMENT AND STREAMLINING OF THE MISSIONS AND 

OPERATIONS OF THE DEPARTMENT OF ENERGY AND 

NATIONAL NUCLEAR SECURITY ADMINISTRATION. 

(a) IN GENERAL.—The Secretary of Energy and the Administrator for Nuclear Security shall review and, to the extent practicable, revise the Department of Energy Acquisition Regulation 

and other regulations, rules, directives, orders, and policies that 

apply to the administration, execution, and oversight of the missions 

and operations of the Department of Energy and the National 

Nuclear Security Administration to improve and streamline such 

administration, execution, and oversight. 

(b) IMPROVEMENT AND STREAMLINING.—In carrying out subsection (a), the Secretary and the Administrator shall review and, 

to the extent practicable, carry out the following actions: 

(1) Streamline business processes and structures to reduce 

unnecessary, burdensome, or duplicative approvals. 

(2) Delegate approval for work for others agreements and 

cooperative research and development agreements (except those 

Review. 

Review. 

Revisions. 

42 USC 7251. 


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that the Secretary or Administrator determine are high value 

or unique) to the lowest appropriate officials and streamline 

the approval processes. 

(3) Establish processes for ensuring routine or low-risk 

procurement and subcontracting decisions are made at the 

discretion of the management and operating contractors while 

ensuring that the Secretary or Administrator apply appropriate 

oversight. 

(4) Assess procurement thresholds as of the date of the 

enactment of this Act and take steps as appropriate to adjust 

such thresholds. 

(5) Eliminate duplicative or low-value reports and data 

calls and ensure consistency in management and costaccounting data. 

(6) Actions to otherwise streamline, clarify, and eliminate 

redundancy in the regulations, rules, directives, orders, and 

policies described by subsection (a). 

(c) BRIEFING.— 

(1) IN GENERAL.—Not later than 180 days after the date 

of the enactment of this Act, the Secretary and the Administrator shall provide to the appropriate congressional committees 

a briefing on the review conducted under subsection (a), 

including the status of such review and any actions taken 

or planned to be taken to improve and streamline the regulations, rules, directives, orders, and policies described in such 

subsection. 

(2) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.— 

In this subsection, the term ‘‘appropriate congressional committees’’ means— 

(A) the congressional defense committees; and 

(B) the Committee on Energy and Natural Resources 

of the Senate and the Committee on Energy and Commerce 

of the House of Representatives. 

SEC. 3121. COST-BENEFIT ANALYSES FOR COMPETITION OF MANAGEMENT AND OPERATING CONTRACTS. 

(a) REPORTS REQUIRED.—The Administrator for Nuclear Security shall submit to the congressional defense committees a report 

described in subsection (b) by not later than 30 days after the 

date on which the Administrator awards a contract to manage 

and operate a facility of the National Nuclear Security Administration. 

(b) REPORT DESCRIBED.—A report described in this subsection 

is a report on a contract described by subsection (a) that includes— 

(1) the expected cost savings resulting from the competition 

for the contract over the life of the contract; 

(2) the costs of the competition for the contract, including 

the immediate costs of conducting the competition and any 

increased costs over the life of the contract; 

(3) a description of— 

(A) any disruption or delay in mission activities or 

deliverables resulting from the competition for the contract; 

and 

(B) any benefits of the competition to mission performance or operations; 

Deadline. 


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126 STAT. 2176 PUBLIC LAW 112–239—JAN. 2, 2013 

(4) how the competition for the contract complied with 

the Federal Acquisition Regulation regarding federally funded 

research and development centers, if applicable; and 

(5) any other matters the Administrator considers appropriate. 

(c) GAO REVIEW.—Not later than 90 days after each report 

is submitted to the congressional defense committees under subsection (a) or (d)(2), the Comptroller General of the United States 

shall submit to such committees a review of such report. 

(d) APPLICABILITY.— (1) IN GENERAL.—The requirement for reports under subsection (a) shall apply with respect to a contract described 

by such subsection that is awarded by the Administrator during 

fiscal years 2013 through 2017. 

(2) FISCAL YEARS 2012 AND 2013 CONTRACTS.—For each contract described by subsection (a) that is awarded by the 

Administrator during fiscal years 2012 or 2013 before the date 

of the enactment of this Act, the Administrator shall submit 

to the congressional defense committees a report described 

in subsection (b) by not later than 90 days after the date 

of such enactment. 

SEC. 3122. PROGRAM ON SCIENTIFIC ENGAGEMENT FOR NONPROLIFERATION. 

(a) PROGRAM REQUIRED.— 

(1) SCIENTIFIC ENGAGEMENT.—The Secretary of Energy, 

acting through the Administrator for Nuclear Security, shall 

carry out a program on scientific engagement in countries 

selected by the Secretary for purposes of the program to 

advance global nonproliferation and nuclear security efforts. 

(2) ELEMENTS.—The program under paragraph (1) shall 

include the following elements: 

(A) Training and capacity-building to strengthen nonproliferation and security best practices. 

(B) Engagement of scientists of the United States with 

foreign counterparts to advance nonproliferation goals. 

(3) DISTINCT PROGRAM.—The program required by this subsection shall be a distinct program from the Global Initiatives 

for Proliferation Prevention program. 

(b) LIMITATION.— 

(1) REPORT ON COMMENCEMENT OF PROGRAM.—Of the funds 

authorized to be appropriated by this Act or otherwise made 

available for fiscal year 2013 or any fiscal year thereafter 

for the National Nuclear Security Administration, not more 

than 50 percent may be obligated or expended under the program under subsection (a) until the date on which the Administrator submits to the appropriate congressional committees a 

report setting forth the following: 

(A) For each country selected for the program as of 

the date of such report— 

(i) a proliferation threat assessment prepared by 

the Director of National Intelligence; and 

(ii) metrics for evaluating the effectiveness of the 

program. 

(B) Accounting standards for the conduct of the program approved by the Comptroller General of the United 

States. 

50 USC 2562. 

Reports. 

Deadline. 

Time period. 

Deadline. 


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(2) FORM.—The report under paragraph (1) may be submitted in unclassified form and may include a classified annex. 

(c) REPORTS ON MODIFICATION OF PROGRAM.— 

(1) IN GENERAL.—Not later than 15 days before making 

any modification in the program under subsection (a) (including 

selecting a new country for the program, ceasing the selection 

of a country for the program, or modifying an element of the 

program), the Administrator shall submit to the appropriate 

congressional committees a report on the modification. 

(2) NEW COUNTRY.—If the modification covered by a report 

under paragraph (1) consists of the selection for the program 

of a country not previously selected for the program, the report 

shall include, for each such country, the matters described 

in subsection (b)(1)(A). 

(3) FORM.—The report under paragraph (1) may be submitted in unclassified form and may include a classified annex. 

(d) REPORT ON COORDINATION WITH OTHER U.S. NONPROLIFERATION PROGRAMS.—Not later than 180 days after the date of the 

enactment of this Act, the Administrator shall submit to the appropriate congressional committees a report describing the manner 

in which the program under subsection (a) coordinates with and 

complements, but does not duplicate, other nonproliferation programs of the Federal Government. 

(e) COMPTROLLER GENERAL REPORT.— 

(1) IN GENERAL.—Not later than two years after the date 

of the enactment of this Act, the Comptroller General of the 

United States shall submit to the appropriate congressional 

committees a report on the program under subsection (a). 

(2) MATTERS INCLUDED.—The report under paragraph (1) 

shall include the following: 

(A) An assessment by the Comptroller General of the 

effectiveness of the program, as determined in accordance 

with the metrics described in subsection (b)(1)(A)(ii). 

(B) An assessment of how the program coordinates 

with, complements, or duplicates other nonproliferation 

programs of the Federal Government. 

(C) Such other matters on the program as the Comptroller General considers appropriate. 

(f) TERMINATION.—The authority to carry out the program 

under subsection (a) shall expire on September 30, 2016. 

(g) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In 

this section, the term ‘‘appropriate congressional committees’’ means 

the following: 

(1) The congressional defense committees. 

(2) The Committee on Foreign Affairs of the House of 

Representatives and the Committee on Foreign Relations of 

the Senate. 

SEC. 3123. COST CONTAINMENT FOR URANIUM CAPABILITIES 

REPLACEMENT PROJECT. 

(a) EXECUTION PHASES FOR PROJECT.—Project 06–D–141 for 

the Y–12 Uranium Processing Facility, Y–12 National Security 

Complex, Oak Ridge, Tennessee, shall be hereafter known as the 

‘‘Uranium Capabilities Replacement Project’’. The project shall be 

broken into separate execution phases as follows: 

(1) Phase I, which shall consist of— 


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126 STAT. 2178 PUBLIC LAW 112–239—JAN. 2, 2013 

(A) processes and capabilities associated with building 

9212, including uranium casting and uranium chemical 

processing; and 

(B) the support, administration, and logistics facilities 

and the building structure and building-level utilities 

needed to carry out Phases II and III. 

(2) Phase II, which shall consist of processes and capabilities associated with buildings 9215 and 9998, including uranium metal-working, machining, and inspection. 

(3) Phase III, which shall consist of processes and capabilities associated with building 9204–2E, including radiography, 

assembly, disassembly, quality evaluation, and production certification operations of nuclear weapon secondaries. 

(b) BUDGETING AND AUTHORIZATION FOR EACH PHASE.— (1) BUDGETING FOR EACH PHASE REQUIRED.—The Secretary 

of Energy shall budget separately for each Phase under subsection (a) of the project referred to in that subsection. 

(2) FUNDING PURSUANT TO SEPARATE AUTHORIZATIONS OF

APPROPRIATIONS.—Except as provided by paragraph (3), the 

Secretary may not proceed with a Phase under subsection (a) 

of the project referred to in that subsection except with funds 

expressly authorized to be appropriated for that Phase by law. 

(3) UNUSED FUNDING FROM PHASE I.—After Phase I under 

subsection (a) is completed, the Secretary may use any unobligated funds made available for such Phase for Phase II or 

Phase III if the Secretary notifies the congressional defense 

committees before using such funds for Phase II or Phase 

III. 

(c) COMPLIANCE OF PHASES WITH DOE ORDER ON PROGRAM

AND PROJECT MANAGEMENT.—Each Phase under subsection (a) of 

the project referred to in that subsection shall comply with Department of Energy Order 413.3, relating to Program Management 

and Project Management for the Acquisition of Capital Assets. 

(d) LIMITATION ON COST OF PHASE I.—The total cost of Phase 

I under subsection (a) of the project referred to in that subsection 

may not exceed $4,200,000,000. If the Administrator determines 

the total cost of Phase I will exceed $4,200,000,000, the Administrator shall submit to the congressional defense committees a 

detailed justification for such increase. 

(e) ASSISTANCE.— 

(1) NAVFAC.—In carrying out this section, the Secretary 

shall procure the services of the Commander of the Naval 

Facilities Engineering Command to assist the Secretary with 

respect to the program management, oversight, and design 

activities of the project referred to in subsection (a). 

(2) SOURCE OF FUNDING.—The Secretary shall carry out 

paragraph (1) using funds made available for the National 

Nuclear Security Administration. 

(f) GAO QUARTERLY REPORTS.— 

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

of the enactment of this Act, and quarterly thereafter until 

the date on which the project referred to in subsection (a) 

is completed, the Comptroller General of the United States 

shall submit to the congressional defense committees a report 

on all Phases under such subsection. 

(2) MATTERS INCLUDED.—The reports under paragraph (1) 

shall include— 

Contracts. 

Determination. 

Notification. 


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(A) the progress on adhering to cost projections for 

the project referred to in subsection (a) and the progress 

on meeting the requirements of section 4713 of the Atomic 

Energy Defense Act (50 U.S.C. 2753); 

(B) the status of the technology readiness levels for 

equipment and processes that will accompany each Phase 

under subsection (a); 

(C) independent cost estimates of such Phases; 

(D) the programmatic structure of the relationship 

between the prime contractor and subcontractors; and 

(E) any other issue that the Comptroller General determines appropriate with respect to the requirements, cost, 

schedule, or technology readiness levels of such project. 

(g) NAVAL REACTOR STUDY.— (1) IN GENERAL.—The Deputy Administrator for Naval 

Reactors shall conduct a study of the project referred to in 

subsection (a), including an analysis of the cost, benefits, and 

risks with respect to nuclear safety. 

(2) SUBMISSION.—Not later than one year after the date 

of the enactment of this Act, the Deputy Administrator shall 

submit to the congressional defense committees a report on 

the study under paragraph (1), including recommendations of 

the Deputy Administrator with respect to the project structure, 

oversight model, and potential cost savings of the project 

referred to in subsection (a). 

(3) CONSIDERATION OF RECOMMENDATIONS.—In carrying out 

the project referred to in subsection (a), the Secretary of Energy 

shall consider the recommendations made by the Deputy 

Administrator in the report under paragraph (2) and incorporate such recommendations into the project as the Secretary 

considers appropriate. 

(4) FUNDING.—The Secretary and the Deputy Administrator 

shall carry out this subsection using funds authorized to be 

appropriated by this Act or otherwise made available for the 

National Nuclear Security Administration that are not made 

available for the Naval Nuclear Propulsion Program. 

(h) CAPE REVIEW.—Not later than 180 days after the date 

of the enactment of this Act, the Director of Cost Assessment 

and Program Evaluation of the Department of Defense shall submit 

to the congressional defense committees a review of the cost and 

schedule of the project referred to in subsection (a). 

Subtitle C—Improvements to National 

Security Energy Laws 

SEC. 3131. IMPROVEMENTS TO THE ATOMIC ENERGY DEFENSE ACT. 

(a) DEFINITIONS.— (1) IN GENERAL.—Section 4002 of the Atomic Energy 

Defense Act (50 U.S.C. 2501) is amended to read as follows: 

‘‘SEC. 4002. DEFINITIONS. 

‘‘In this division: 

‘‘(1) The term ‘Administration’ means the National Nuclear 

Security Administration. 

‘‘(2) The term ‘Administrator’ means the Administrator for 

Nuclear Security. 

Deadline. 

Reports. 

Recommendations. 


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126 STAT. 2180 PUBLIC LAW 112–239—JAN. 2, 2013 

‘‘(3) The term ‘classified information’ means any information that has been determined pursuant to Executive Order 

No. 12333 of December 4, 1981 (50 U.S.C. 401 note), Executive 

Order No. 12958 of April 17, 1995 (50 U.S.C. 435 note), or 

successor orders, to require protection against unauthorized 

disclosure and that is so designated. 

‘‘(4) The term ‘congressional defense committees’ means— 

‘‘(A) the Committee on Armed Services and the Committee on Appropriations of the Senate; and 

‘‘(B) the Committee on Armed Services and the Committee on Appropriations of the House of Representatives. 

‘‘(5) The term ‘nuclear security enterprise’ means the physical facilities, technology, and human capital of the national 

security laboratories and the nuclear weapons production facilities. 

‘‘(6) The term ‘national security laboratory’ means any of 

the following: 

‘‘(A) Los Alamos National Laboratory, Los Alamos, New 

Mexico. 

‘‘(B) Sandia National Laboratories, Albuquerque, New 

Mexico, and Livermore, California. 

‘‘(C) Lawrence Livermore National Laboratory, Livermore, California. 

‘‘(7) The term ‘nuclear weapons production facility’ means 

any of the following: 

‘‘(A) The Kansas City Plant, Kansas City, Missouri. 

‘‘(B) The Pantex Plant, Amarillo, Texas. 

‘‘(C) The Y–12 National Security Complex, Oak Ridge, 

Tennessee. 

‘‘(D) The Savannah River Site, Aiken, South Carolina. 

‘‘(E) The Nevada National Security Site, Nevada. 

‘‘(F) Any facility of the Department of Energy that 

the Secretary of Energy, in consultation with the Administrator and Congress, determines to be consistent with the 

mission of the Administration. 

‘‘(8) The term ‘restricted data’ has the meaning given such 

term in section 11 y. of the Atomic Energy Act of 1954 (42 

U.S.C. 2014(y)).’’. 

(2) CLERICAL AMENDMENT.—The table of contents at the 

beginning of the Atomic Energy Defense Act is amended by 

striking the item relating to section 4002 and inserting the 

following new item: 

‘‘Sec. 4002. Definitions.’’. 

(b) STOCKPILE STEWARDSHIP.—Section 4201(b)(5)(E) of the 

Atomic Energy Defense Act (50 U.S.C. 2521(b)(5)(E)) is amended 

by striking ‘‘(as defined in section 3281 of the National Nuclear 

Security Administration Act (50 U.S.C. 2471))’’. 

(c) ANNUAL ASSESSMENTS.—Section 4205 of the Atomic Energy 

Defense Act (50 U.S.C. 2525) is amended by striking subsection 

(i). 

(d) TESTING OF NUCLEAR WEAPONS.— 

(1) IN GENERAL.—Section 4210 of the Atomic Energy 

Defense Act (50 U.S.C. 2530) is amended to read as follows: 


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PUBLIC LAW 112–239—JAN. 2, 2013 126 STAT. 2181 

‘‘SEC. 4210. TESTING OF NUCLEAR WEAPONS. 

‘‘(a) UNDERGROUND TESTING.—No underground test of nuclear 

weapons may be conducted by the United States after September 

30, 1996, unless a foreign state conducts a nuclear test after this 

date, at which time the prohibition on United States nuclear testing 

is lifted. 

‘‘(b) ATMOSPHERIC TESTING.—None of the funds appropriated 

pursuant to the National Defense Authorization Act for Fiscal Year 

1994 (Public Law 103–160; 107 Stat. 1547) or any other Act for 

any fiscal year may be available to maintain the capability of 

the United States to conduct atmospheric testing of a nuclear 

weapon.’’. 

(2) CLERICAL AMENDMENT.—The table of contents at the 

beginning of the Atomic Energy Defense Act is amended by 

striking the items relating to sections 4210 and 4211 and 

inserting the following new item: 

‘‘Sec. 4210. Testing of nuclear weapons.’’. 

(3) CONFORMING AMENDMENT.—Section 4211 of the Atomic 

Energy Defense Act (50 U.S.C. 2531) is repealed. 

(e) MANUFACTURING INFRASTRUCTURE.—Section 4212 of the 

Atomic Energy Defense Act (50 U.S.C. 2532) is amended by striking 

subsections (d) and (e). 

(f) CRITICAL DIFFICULTIES REPORT.— 

(1) IN GENERAL.—Section 4213 of the Atomic Energy 

Defense Act (50 U.S.C. 2533) is amended— 

(A) in the heading, by striking ‘‘NUCLEAR WEAPONS

LABORATORIES AND NUCLEAR WEAPONS PRODUCTION

PLANTS’’ and inserting ‘‘NATIONAL SECURITY LABORATORIES AND NUCLEAR WEAPONS PRODUCTION FACILITIES’’; 

(B) in subsection (a)— 

(i) by striking ‘‘Assistant Secretary of Energy for 

Defense Programs’’ and inserting ‘‘Administrator’’; 

(ii) by striking ‘‘nuclear weapons laboratory’’ and 

inserting ‘‘national security laboratory’’; and 

(iii) by striking ‘‘production plant’’ and inserting 

‘‘production facility’’; 

(C) in subsection (b)— 

(i) in the heading, by striking ‘‘ASSISTANT SECRETARY’’ and inserting ‘‘ADMINISTRATOR’’; and 

(ii) by striking ‘‘Assistant Secretary’’ each place 

it appears and inserting ‘‘Administrator’’; and 

(D) by striking subsection (e). 

(2) CLERICAL AMENDMENT.—The table of contents at the 

beginning of the Atomic Energy Defense Act is amended by 

striking the item relating to section 4213 and inserting the 

following new item: 

‘‘Sec. 4213. Reports on critical difficulties at national security laboratories and nuclear weapons production facilities.’’. 

(g) PLAN FOR TRANSFORMATION.— (1) IN GENERAL.—Section 4214 of the Atomic Energy 

Defense Act (50 U.S.C. 2534) is amended— 

(A) by striking ‘‘nuclear weapons complex’’ each place 

it appears (including the section heading) and inserting 

‘‘nuclear security enterprise’’; 

(B) by striking subsections (b) and (d); and 

Repeal. 


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126 STAT. 2182 PUBLIC LAW 112–239—JAN. 2, 2013 

(C) by redesignating subsection (c) as subsection (b). 

(2) CLERICAL AMENDMENT.—The table of contents at the 

beginning of the Atomic Energy Defense Act is amended by 

inserting after the item relating to section 4213, as inserted 

by subsection (f)(2), the following new item: 

‘‘Sec. 4214. Plan for transformation of National Nuclear Security Administration 

nuclear security enterprise.’’. 

(h) TRITIUM PRODUCTION PROGRAM.—Section 4231 of the Atomic 

Energy Defense Act (50 U.S.C. 2541) is amended to read as follows: 

‘‘SEC. 4231. TRITIUM PRODUCTION PROGRAM. 

‘‘(a) ESTABLISHMENT OF PROGRAM.—The Secretary of Energy 

shall establish a tritium production program that is capable of 

meeting the tritium requirements of the United States for nuclear 

weapons. 

‘‘(b) LOCATION OF TRITIUM PRODUCTION FACILITY.—The Secretary shall locate any new tritium production facility of the Department of Energy at the Savannah River Site, South Carolina.’’. 

(i) TRITIUM RECYCLING FACILITIES.—Section 4234 of the Atomic 

Energy Defense Act (50 U.S.C. 2544) is amended— 

(1) by striking ‘‘(a) IN GENERAL.—The Secretary of Energy’’ 

and inserting ‘‘The Secretary of Energy’’; and 

(2) by striking subsection (b). 

(j) RESTRICTED DATA.—Section 4501 of the Atomic Energy 

Defense Act (50 U.S.C. 2651) is amended by striking subsection 

(c). 

(k) FOREIGN VISITORS.— 

(1) IN GENERAL.—Section 4502 of the Atomic Energy 

Defense Act (50 U.S.C. 2652) is amended— 

(A) in the heading, by striking ‘‘NATIONAL LABORATORIES’’ and inserting ‘‘NATIONAL SECURITY LABORA- TORIES’’; 

(B) by striking ‘‘national laboratory’’ each place it 

appears and inserting ‘‘national security laboratory’’; and 

(C) in subsection (g), by striking paragraphs (3) and 

(4). 

(2) CLERICAL AMENDMENT.—The table of contents at the 

beginning of the Atomic Energy Defense Act is amended by 

striking the item relating to section 4502 and inserting the 

following new item: 

‘‘Sec. 4502. Restrictions on access to national security laboratories by foreign visitors from sensitive countries.’’. 

(l) BACKGROUND INVESTIGATIONS.—Section 4503 of the Atomic 

Energy Defense Act (50 U.S.C. 2653) is amended— 

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

(2) by striking subsections (b) and (c); and 

(3) by striking ‘‘national laboratory’’ and inserting ‘‘national 

security laboratory’’. 

(m) NUCLEAR DEFENSE INTELLIGENCE LOSSES.— (1) IN GENERAL.—Section 4505 of the Atomic Energy 

Defense Act (50 U.S.C. 2656) is amended— 

(A) in the heading, by striking ‘‘NUCLEAR’’ and 

inserting ‘‘ATOMIC’’; 

(B) in the heading of subsection (b), by striking ‘‘NUCLEAR’’ and inserting ‘‘ATOMIC ENERGY’’; and 


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PUBLIC LAW 112–239—JAN. 2, 2013 126 STAT. 2183 

(C) by striking ‘‘nuclear defense’’ each place it appears 

and inserting ‘‘atomic energy defense’’. 

(2) CLERICAL AMENDMENT.—The table of contents at the 

beginning of the Atomic Energy Defense Act is amended by 

striking the item relating to section 4505 and inserting the 

following new item: 

‘‘Sec. 4505. Notice to congressional committees of certain security and counterintelligence failures within atomic energy defense programs.’’. 

(n) COUNTERINTELLIGENCE REPORT.— (1) IN GENERAL.—Section 4507 of the Atomic Energy 

Defense Act (50 U.S.C. 2658) is amended— 

(A) in the heading, by striking ‘‘NATIONAL LABORA- TORIES’’ and inserting ‘‘NATIONAL SECURITY LABORA- TORIES’’; 

(B) in subsection (a), by striking ‘‘national laboratories’’ 

and inserting ‘‘national security laboratories’’; 

(C) in subsection (b), by striking ‘‘national laboratory’’ 

and inserting ‘‘national security laboratory’’; and 

(D) by striking subsection (c). 

(2) CLERICAL AMENDMENT.—The table of contents at the 

beginning of the Atomic Energy Defense Act is amended by 

striking the item relating to section 4507 and inserting the 

following new item: 

‘‘Sec. 4507. Report on counterintelligence and security practices at national security 

laboratories.’’. 

(o) COMPUTER SECURITY REPORT.— 

(1) IN GENERAL.—Section 4508 of the Atomic Energy 

Defense Act (50 U.S.C. 2659)— 

(A) in the heading, by striking ‘‘NATIONAL LABORATORY’’ and inserting ‘‘NATIONAL SECURITY LABORATORY’’; 

(B) in subsection (a) and (b), by striking ‘‘national 

laboratories’’ each place it appears and inserting ‘‘national 

security laboratories’’; and 

(C) by striking subsections (e) and (f). 

(2) CLERICAL AMENDMENT.—The table of contents at the 

beginning of the Atomic Energy Defense Act is amended by 

striking the item relating to section 4508 and inserting the 

following new item: 

‘‘Sec. 4508. Report on security vulnerabilities of national security laboratory computers.’’. 

(p) DOCUMENT REVIEW.—Section 4521 of the Atomic Energy 

Defense Act (50 U.S.C. 2671) is amended by striking subsection 

(c). 

(q) REPORTS ON LOCAL IMPACT ASSISTANCE.— 

(1) IN GENERAL.—Section 4604(f) of the Atomic Energy 

Defense Act (50 U.S.C. 2704(f)) is amended by adding at the 

end the following new paragraph: 

‘‘(3) In addition to the plans submitted under paragraph (1), 

the Secretary shall submit to Congress every six months a report 

setting forth a description of, and the amount or value of, all 

local impact assistance provided during the preceding six months 

under subsection (c)(6).’’. 

(2) CONFORMING AMENDMENT.—Section 4851 of the Atomic 

Energy Defense Act (50 U.S.C. 2821) is repealed. 

Repeal. 


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126 STAT. 2184 PUBLIC LAW 112–239—JAN. 2, 2013 

(3) CLERICAL AMENDMENT.—The table of contents at the 

beginning of the Atomic Energy Defense Act is amended by 

striking the item relating to section 4851. 

(r) RECRUITMENT AND TRAINING.—Section 4622 of the Atomic 

Energy Defense Act (50 U.S.C. 2722) is amended— 

(1) in subsection (b)— 

(A) by striking ‘‘(1) As part of’’ and inserting ‘‘As part 

of’’; and 

(B) by striking paragraph (2); and 

(2) by striking subsection (d). 

(s) FELLOWSHIP PROGRAM.— 

(1) IN GENERAL.—Section 4623 of the Atomic Energy 

Defense Act (50 U.S.C. 2723) is amended— 

(A) in the heading, by striking ‘‘DEPARTMENT OF

ENERGY NUCLEAR WEAPONS COMPLEX’’ and inserting 

‘‘NUCLEAR SECURITY ENTERPRISE’’; 

(B) in subsection (a), by striking ‘‘Department of 

Energy nuclear weapons complex’’ each place it appears 

and inserting ‘‘nuclear security enterprise’’; 

(C) in subsection (c), by striking ‘‘following’’ and all 

that follows through the period at the end and inserting 

‘‘national security laboratories and nuclear weapons 

production facilities.’’; and 

(D) in subsection (f)(2), by striking ‘‘the Department 

of Energy for’’ and inserting ‘‘the nuclear security enterprise for’’. 

(2) CLERICAL AMENDMENT.—The table of contents at the 

beginning of the Atomic Energy Defense Act is amended by 

striking the item relating to section 4623 and inserting the 

following new item: 

‘‘Sec. 4623. Fellowship program for development of skills critical to the nuclear security enterprise.’’. 

(t) COST OVERRUNS.—Section 4713(a)(1)(A) of the Atomic 

Energy Defense Act (50 U.S.C. 2753(a)(1)(A)) is amended— 

(1) by striking ‘‘for Nuclear Security’’; and 

(2) by striking ‘‘National Nuclear Security’’. 

(u) BUDGET REQUEST.— 

(1) IN GENERAL.—Section 4731 of the Atomic Energy 

Defense Act (50 U.S.C. 2771) is repealed. 

(2) CLERICAL AMENDMENT.—The table of contents at the 

beginning of the Atomic Energy Defense Act is amended by 

striking the item relating to section 4731. 

(v) CONTRACTOR BONUSES.—Section 4802 of the Atomic Energy 

Defense Act (50 U.S.C. 2782) is amended— 

(2) by striking subsection (b); and 

(3) by redesignating subsections (c) and (d) as subsections 

(b) and (c), respectively. 

(w) FUNDS FOR RESEARCH AND DEVELOPMENT.—Section 4812 

of the Atomic Energy Defense Act (50 U.S.C. 2792) is amended— 

(1) by striking subsections (b) through (d); and 

(2) by redesignating subsection (e) as subsection (b). 

(x) TECHNOLOGY PARTNERSHIPS.—Section 4813(c) of the Atomic 

Energy Defense Act (50 U.S.C. 2794(c)) is amended by striking 

paragraph (5). 

Repeal. 


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PUBLIC LAW 112–239—JAN. 2, 2013 126 STAT. 2185 

(y) UNIVERSITY COLLABORATION.—Section 4814 of the Atomic 

Energy Defense Act (50 U.S.C. 2795) is amended by striking subsection (c). 

(z) ENGINEERING AND MANUFACTURING RESEARCH.—Section 

4832 of the Atomic Energy Defense Act (50 U.S.C. 2812) is 

amended— 

(1) in subsection (b), by striking ‘‘nuclear weapons complex’’ 

and inserting ‘‘nuclear security enterprise’’; and 

(2) by striking subsections (c) through (e). 

(aa) PILOT PROGRAM REPORT.—Section 4833 of the Atomic 

Energy Defense Act (50 U.S.C. 2813) is amended by striking subsection (e). 

(bb) TECHNICAL AMENDMENTS.— 

(1) IN GENERAL.—The Atomic Energy Defense Act (50 

U.S.C. 2501 et seq.) is amended as follows: 

(A) In section 4604(g)(3) (50 U.S.C. 2704(g)(3)), by 

striking ‘‘; the Pinnellas Plant, Florida;’’. 

(B) In the heading of section 4852 (50 U.S.C. 2822), 

by striking ‘‘NEVADA TEST SITE’’ and inserting ‘‘NEVADA

NATIONAL SECURITY SITE’’. 

(C) By striking ‘‘Nevada Test Site’’ each place it 

appears and inserting ‘‘Nevada National Security Site’’. 

(D) By striking ‘‘Director of Central Intelligence’’ each 

place it appears and inserting ‘‘Director of National Intelligence’’. 

(2) CLERICAL AMENDMENT.—The table of contents at the 

beginning of the Atomic Energy Defense Act is further amended 

by striking the item relating to section 4852 and inserting 

the following new item: 

‘‘Sec. 4852. Payment of costs of operation and maintenance of infrastructure at Nevada National Security Site.’’. 

SEC. 3132. IMPROVEMENTS TO THE NATIONAL NUCLEAR SECURITY 

ADMINISTRATION ACT. 

(a) NUCLEAR SECURITY ENTERPRISE REFERENCE.— (1) FUTURE-YEARS NUCLEAR SECURITY PROGRAM.—Section 

3253(b) of the National Nuclear Security Administration Act 

(50 U.S.C. 2453(b)) is amended by striking ‘‘nuclear weapons 

complex’’ each place it appears and inserting ‘‘nuclear security 

enterprise’’. 

(2) GAO REPORTS.—Section 3255 of the National Nuclear 

Security Administration Act (50 U.S.C. 2455) is amended— 

(A) in subsection (a), by striking ‘‘nuclear security complex’’ each place it appears and inserting ‘‘nuclear security 

enterprise’’; and 

(B) in subsection (b), by striking paragraph (3). 

(3) DEFINITION.—Section 3281 of the National Nuclear 

Security Administration Act (50 U.S.C. 2471) is amended by 

adding at the end the following new paragraph: 

‘‘(6) The term ‘nuclear security enterprise’ means the physical facilities, technology, and human capital of the national 

security laboratories and the nuclear weapons production facilities.’’. 

(b) TRANSFER OF FUNCTIONS.— 

(1) FUNDS AND PERSONNEL.—Section 3291 of the National 

Nuclear Security Administration Act (50 U.S.C. 2481) is 

amended— 

50 USC 2562, 

2652, 2656. 

50 USC 2521, 

2704, 2822. 


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126 STAT. 2186 PUBLIC LAW 112–239—JAN. 2, 2013 

(A) in subsection (c), by striking ‘‘specified in subsection 

(a)’’ and inserting ‘‘of the Administration’’; and 

(B) by adding at the end the following new subsections: 

‘‘(d) TRANSFER OF FUNDS.—(1) Any balance of appropriations 

that the Secretary of Energy determines is available and needed 

to finance or discharge a function, power, or duty or an activity 

that is transferred to the Administration shall be transferred to 

the Administration and used for any purpose for which those appropriations were originally available. Balances of appropriations so 

transferred shall— 

‘‘(A) be credited to any applicable appropriation account 

of the Administration; or 

‘‘(B) be credited to a new account that may be established 

on the books of the Department of the Treasury; 

and shall be merged with the funds already credited to that 

account and accounted for as one fund. 

‘‘(2) Balances of appropriations credited to an account under 

paragraph (1)(A) are subject only to such limitations as are specifically applicable to that account. Balances of appropriations credited 

to an account under paragraph (1)(B) are subject only to such 

limitations as are applicable to the appropriations from which they 

are transferred. 

‘‘(e) PERSONNEL.—(1) With respect to any function, power, or 

duty or activity of the Department of Energy that is transferred 

to the Administration, those employees of the element of the Department of Energy from which the transfer is made that the Secretary 

of Energy determines are needed to perform that function, power, 

or duty, or for that activity, as the case may be, shall be transferred 

to the Administration. 

‘‘(2) The authorized strength in civilian employees of any element of the Department of Energy from which employees are transferred under this section is reduced by the number of employees 

so transferred.’’. 

(2) APPLICABILITY OF EXISTING LAWS AND REGULATIONS.— 

Section 3296 of the National Nuclear Security Administration 

Act (50 U.S.C. 2484) is amended to read as follows: 

‘‘SEC. 3296. APPLICABILITY OF PREEXISTING LAWS AND REGULATIONS. 

‘‘With respect to any facility, mission, or function of the Department of Energy that the Secretary of Energy transfers to the 

Administrator under section 3291, unless otherwise provided in 

this title, all provisions of law and regulations in effect immediately 

before the date of the transfer that are applicable to such facility, 

mission, or function shall continue to apply to the corresponding 

functions of the Administration.’’. 

(3) RULE OF CONSTRUCTION.—Nothing in section 3291 of 

the National Nuclear Security Administration Act (50 U.S.C. 

2481), as amended by paragraph (1), may be construed to 

affect any function or activity transferred by the Secretary 

of Energy to the Administrator for Nuclear Security before 

the date of the enactment of this Act. 

(c) REPEAL OF EXPIRED PROVISIONS.— 

(1) IN GENERAL.—The following sections of the National 

Nuclear Security Administration Act (50 U.S.C. 2401 et seq.) 

are repealed: 

(A) Section 3242 (50 U.S.C. 2442). 

(B) Section 3292 (50 U.S.C. 2482). 

50 USC 2481 

note. 


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PUBLIC LAW 112–239—JAN. 2, 2013 126 STAT. 2187 

(C) Section 3295 (50 U.S.C. 2483). 

(D) Section 3297 (50 U.S.C. 2401 note). 

(2) CLERICAL AMENDMENTS.—The table of contents at the 

beginning of the National Nuclear Security Administration Act 

is amended by striking the items relating to sections 3242, 

3292, 3295, and 3297. 

(d) TECHNICAL AMENDMENTS TO THE NNSA ACT.—The National 

Nuclear Security Administration Act (50 U.S.C. 2401 et seq.) is 

amended as follows: 

(1) In section 3212(a)(2) (50 U.S.C. 2402(a)(2)), by striking 

‘‘as added by section 3202 of this Act,’’. 

(2) In section 3253(b)(3) (50 U.S.C. 2453(b)(3)), by striking 

‘‘section 3158 of the Strom Thurmond National Defense 

Authorization Act for Fiscal Year 1999 (42 U.S.C. 2121 note)’’ 

and inserting ‘‘section 4202(a) of the Atomic Energy Defense 

Act (50 U.S.C. 2522(a))’’. 

(3) In section 3281(2) (50 U.S.C. 2471(2))— 

(A) in subparagraph (C), by striking ‘‘Y–12 Plant’’ and 

inserting ‘‘Y–12 National Security Complex’’; and 

(B) in subparagraph (D), by striking ‘‘tritium operations facilities at the’’. 

(4) By striking ‘‘Nevada Test Site’’ each place it appears 

and inserting ‘‘Nevada National Security Site’’. 

(e) TECHNICAL AMENDMENT TO THE DOE ORGANIZATION ACT.— 

Section 643 of the Department of Energy Organization Act (42 

U.S.C. 7253) is amended by redesignating the second subsection 

(b) as subsection (c). 

SEC. 3133. CONSOLIDATED REPORTING REQUIREMENTS RELATING TO 

NUCLEAR STOCKPILE STEWARDSHIP, MANAGEMENT, AND 

INFRASTRUCTURE. 

(a) CONSOLIDATED PLAN FOR STEWARDSHIP, MANAGEMENT, AND

CERTIFICATION OF WARHEADS IN THE NUCLEAR WEAPONS STOCKPILE.— 

(1) IN GENERAL.—Section 4203 of the Atomic Energy 

Defense Act (50 U.S.C. 2523) is amended to read as follows: 

‘‘SEC. 4203. NUCLEAR WEAPONS STOCKPILE STEWARDSHIP, MANAGEMENT, AND INFRASTRUCTURE PLAN. 

‘‘(a) PLAN REQUIREMENT.—The Administrator, in consultation 

with the Secretary of Defense and other appropriate officials of 

the departments and agencies of the Federal Government, shall 

develop and annually update a plan for sustaining the nuclear 

weapons stockpile. The plan shall cover, at a minimum, stockpile 

stewardship, stockpile management, stockpile surveillance, program 

direction, infrastructure modernization, human capital, and nuclear 

test readiness. The plan shall be consistent with the programmatic 

and technical requirements of the most recent annual Nuclear 

Weapons Stockpile Memorandum. 

‘‘(b) SUBMISSIONS TO CONGRESS.—(1) In accordance with subsection (c), not later than March 15 of each even-numbered year, 

the Administrator shall submit to the congressional defense committees a summary of the plan developed under subsection (a). 

‘‘(2) In accordance with subsection (d), not later than March 

15 of each odd-numbered year, the Administrator shall submit 

to the congressional defense committees a detailed report on the 

plan developed under subsection (a). 

Deadlines. 

Reports. 

Consultation. 

Deadline. 

50 USC 2455, 

2471. 


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126 STAT. 2188 PUBLIC LAW 112–239—JAN. 2, 2013 

‘‘(3) The summaries and reports required by this subsection 

shall be submitted in unclassified form, but may include a classified 

annex. 

‘‘(c) ELEMENTS OF BIENNIAL PLAN SUMMARY.—Each summary 

of the plan submitted under subsection (b)(1) shall include, at 

a minimum, the following: 

‘‘(1) A summary of the status of the nuclear weapons stockpile, including the number and age of warheads (including 

both active and inactive) for each warhead type. 

‘‘(2) A summary of the status, plans, budgets, and schedules 

for warhead life extension programs and any other programs 

to modify, update, or replace warhead types. 

‘‘(3) A summary of the methods and information used to 

determine that the nuclear weapons stockpile is safe and reliable, as well as the relationship of science-based tools to the 

collection and interpretation of such information. 

‘‘(4) A summary of the status of the nuclear security enterprise, including programs and plans for infrastructure modernization and retention of human capital, as well as associated 

budgets and schedules. 

‘‘(5) Identification of any modifications or updates to the 

plan since the previous summary or detailed report was submitted under subsection (b). 

‘‘(6) Such other information as the Administrator considers 

appropriate. 

‘‘(d) ELEMENTS OF BIENNIAL DETAILED REPORT.—Each detailed 

report on the plan submitted under subsection (b)(2) shall include, 

at a minimum, the following: 

‘‘(1) With respect to stockpile stewardship and management— 

‘‘(A) the status of the nuclear weapons stockpile, 

including the number and age of warheads (including both 

active and inactive) for each warhead type; 

‘‘(B) for each five-year period occurring during the 

period beginning on the date of the report and ending 

on the date that is 20 years after the date of the report— 

‘‘(i) the planned number of nuclear warheads 

(including active and inactive) for each warhead type 

in the nuclear weapons stockpile; and 

‘‘(ii) the past and projected future total lifecycle 

cost of each type of nuclear weapon; 

‘‘(C) the status, plans, budgets, and schedules for warhead life extension programs and any other programs to 

modify, update, or replace warhead types; 

‘‘(D) a description of the process by which the Administrator assesses the lifetimes, and requirements for life 

extension or replacement, of the nuclear and non-nuclear 

components of the warheads (including active and inactive 

warheads) in the nuclear weapons stockpile; 

‘‘(E) a description of the process used in recertifying 

the safety, security, and reliability of each warhead type 

in the nuclear weapons stockpile; 

‘‘(F) any concerns of the Administrator that would 

affect the ability of the Administrator to recertify the safety, 

security, or reliability of warheads in the nuclear weapons 

stockpile (including active and inactive warheads); 


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‘‘(G) mechanisms to provide for the manufacture, 

maintenance, and modernization of each warhead type in 

the nuclear weapons stockpile, as needed; 

‘‘(H) mechanisms to expedite the collection of information necessary for carrying out the stockpile management 

program required by section 4204, including information 

relating to the aging of materials and components, new 

manufacturing techniques, and the replacement or substitution of materials; 

‘‘(I) mechanisms to ensure the appropriate assignment 

of roles and missions for each national security laboratory 

and nuclear weapons production facility, including mechanisms for allocation of workload, mechanisms to ensure 

the carrying out of appropriate modernization activities, 

and mechanisms to ensure the retention of skilled personnel; 

‘‘(J) mechanisms to ensure that each national security 

laboratory has full and complete access to all weapons 

data to enable a rigorous peer-review process to support 

the annual assessment of the condition of the nuclear 

weapons stockpile required under section 4205; 

‘‘(K) mechanisms for allocating funds for activities 

under the stockpile management program required by section 4204, including allocations of funds by weapon type 

and facility; and 

‘‘(L) for each of the five fiscal years following the fiscal 

year in which the report is submitted, an identification 

of the funds needed to carry out the program required 

under section 4204. 

‘‘(2) With respect to science-based tools— 

‘‘(A) a description of the information needed to determine that the nuclear weapons stockpile is safe and reliable; 

‘‘(B) for each science-based tool used to collect information described in subparagraph (A), the relationship 

between such tool and such information and the effectiveness of such tool in providing such information based on 

the criteria developed pursuant to section 4202(a); and 

‘‘(C) the criteria developed under section 4202(a) 

(including any updates to such criteria). 

‘‘(3) An assessment of the stockpile stewardship program 

under section 4201 by the Administrator, in consultation with 

the directors of the national security laboratories, which shall 

set forth— 

‘‘(A) an identification and description of— 

‘‘(i) any key technical challenges to the stockpile 

stewardship program; and 

‘‘(ii) the strategies to address such challenges without the use of nuclear testing; 

‘‘(B) a strategy for using the science-based tools 

(including advanced simulation and computing capabilities) 

of each national security laboratory to ensure that the 

nuclear weapons stockpile is safe, secure, and reliable without the use of nuclear testing; 

‘‘(C) an assessment of the science-based tools (including 

advanced simulation and computing capabilities) of each 

national security laboratory that exist at the time of the 


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126 STAT. 2190 PUBLIC LAW 112–239—JAN. 2, 2013 

assessment compared with the science-based tools expected 

to exist during the period covered by the future-years 

nuclear security program; and 

‘‘(D) an assessment of the core scientific and technical 

competencies required to achieve the objectives of the stockpile stewardship program and other weapons activities and 

weapons-related activities of the Administration, 

including— 

‘‘(i) the number of scientists, engineers, and technicians, by discipline, required to maintain such competencies; and 

‘‘(ii) a description of any shortage of such individuals that exists at the time of the assessment compared 

with any shortage expected to exist during the period 

covered by the future-years nuclear security program. 

‘‘(4) With respect to the nuclear security infrastructure— 

‘‘(A) a description of the modernization and refurbishment measures the Administrator determines necessary 

to meet the requirements prescribed in— 

‘‘(i) the national security strategy of the United 

States as set forth in the most recent national security 

strategy report of the President under section 108 of 

the National Security Act of 1947 (50 U.S.C. 404a) 

if such strategy has been submitted as of the date 

of the plan; 

‘‘(ii) the most recent quadrennial defense review 

if such strategy has not been submitted as of the 

date of the plan; and 

‘‘(iii) the most recent Nuclear Posture Review as 

of the date of the plan; 

‘‘(B) a schedule for implementing the measures 

described under subparagraph (A) during the 10-year 

period following the date of the plan; and 

‘‘(C) the estimated levels of annual funds the Administrator determines necessary to carry out the measures 

described under subparagraph (A), including a discussion 

of the criteria, evidence, and strategies on which such 

estimated levels of annual funds are based. 

‘‘(5) With respect to the nuclear test readiness of the United 

States— 

‘‘(A) an estimate of the period of time that would be 

necessary for the Administrator to conduct an underground 

test of a nuclear weapon once directed by the President 

to conduct such a test; 

‘‘(B) a description of the level of test readiness that 

the Administrator, in consultation with the Secretary of 

Defense, determines to be appropriate; 

‘‘(C) a list and description of the workforce skills and 

capabilities that are essential to carrying out an underground nuclear test at the Nevada National Security Site; 

‘‘(D) a list and description of the infrastructure and 

physical plants that are essential to carrying out an underground nuclear test at the Nevada National Security Site; 

and 

‘‘(E) an assessment of the readiness status of the skills 

and capabilities described in subparagraph (C) and the 


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PUBLIC LAW 112–239—JAN. 2, 2013 126 STAT. 2191 

infrastructure and physical plants described in subparagraph (D). 

‘‘(6) Identification of any modifications or updates to the 

plan since the previous summary or detailed report was submitted under subsection (b). 

‘‘(e) NUCLEAR WEAPONS COUNCIL ASSESSMENT.—(1) For each 

detailed report on the plan submitted under subsection (b)(2), the 

Nuclear Weapons Council established by section 179 of title 10, 

United States Code, shall conduct an assessment that includes 

the following: 

‘‘(A) An analysis of the plan, including— 

‘‘(i) whether the plan supports the requirements of 

the national security strategy of the United States or the 

most recent quadrennial defense review, as applicable 

under subsection (d)(4)(A), and the Nuclear Posture Review; 

and 

‘‘(ii) whether the modernization and refurbishment 

measures described under subparagraph (A) of subsection 

(d)(4) and the schedule described under subparagraph (B) 

of such subsection are adequate to support such requirements. 

‘‘(B) An analysis of whether the plan adequately addresses 

the requirements for infrastructure recapitalization of the facilities of the nuclear security enterprise. 

‘‘(C) If the Nuclear Weapons Council determines that the 

plan does not adequately support modernization and refurbishment requirements under subparagraph (A) or the nuclear security enterprise facilities infrastructure recapitalization requirements under subparagraph (B), a risk assessment with respect 

to— 

‘‘(i) supporting the annual certification of the nuclear 

weapons stockpile; and 

‘‘(ii) maintaining the long-term safety, security, and 

reliability of the nuclear weapons stockpile. 

‘‘(2) Not later than 180 days after the date on which the 

Administrator submits the plan under subsection (b)(2), the Nuclear 

Weapons Council shall submit to the congressional defense committees a report detailing the assessment required under paragraph 

(1). 

‘‘(f) DEFINITIONS.—In this section: 

‘‘(1) The term ‘budget’, with respect to a fiscal year, means 

the budget for that fiscal year that is submitted to Congress 

by the President under section 1105(a) of title 31, United States 

Code. 

‘‘(2) The term ‘future-years nuclear security program’ 

means the program required by section 3253 of the National 

Nuclear Security Administration Act (50 U.S.C. 2453). 

‘‘(3) The term ‘nuclear security budget materials’, with 

respect to a fiscal year, means the materials submitted to 

Congress by the Administrator in support of the budget for 

that fiscal year. 

‘‘(4) The term ‘quadrennial defense review’ means the 

review of the defense programs and policies of the United 

States that is carried out every four years under section 118 

of title 10, United States Code. 

Deadline. 

Reports. 


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126 STAT. 2192 PUBLIC LAW 112–239—JAN. 2, 2013 

‘‘(5) The term ‘weapons activities’ means each activity 

within the budget category of weapons activities in the budget 

of the Administration. 

‘‘(6) The term ‘weapons-related activities’ means each 

activity under the Department of Energy that involves nuclear 

weapons, nuclear weapons technology, or fissile or radioactive 

materials, including activities related to— 

‘‘(A) nuclear nonproliferation; 

‘‘(B) nuclear forensics; 

‘‘(C) nuclear intelligence; 

‘‘(D) nuclear safety; and 

‘‘(E) nuclear incident response.’’. 

(2) CLERICAL AMENDMENT.—The table of contents at the 

beginning of the Atomic Energy Defense Act is amended by 

striking the item relating to section 4203 and inserting the 

following new item: 

‘‘Sec. 4203. Nuclear weapons stockpile stewardship, management, and infrastructure plan.’’. 

(b) REPEAL OF REQUIREMENT FOR BIENNIAL REPORT ON STOCKPILE STEWARDSHIP CRITERIA.— 

(1) IN GENERAL.—Section 4202 of the Atomic Energy 

Defense Act (50 U.S.C. 2522) is amended by striking subsections 

(c) and (d). 

(2) TECHNICAL AMENDMENT.—The heading of such section 

is amended to read as follows: ‘‘STOCKPILE STEWARDSHIP CRITERIA’’. 

(3) CLERICAL AMENDMENT.—The table of contents at the 

beginning of the Atomic Energy Defense Act is amended by 

striking the item relating to section 4202 and inserting the 

following new item: 

‘‘Sec. 4202. Stockpile stewardship criteria.’’. 

(c) REPEAL OF REQUIREMENT FOR BIENNIAL PLAN ON MODERNIZATION AND REFURBISHMENT OF THE NUCLEAR SECURITY COMPLEX.— 

(1) IN GENERAL.—Section 4203A of the Atomic Energy 

Defense Act (50 U.S.C. 2523A) is repealed. 

(2) CLERICAL AMENDMENT.—The table of contents for the 

Atomic Energy Defense Act is amended by striking the item 

relating to section 4203A. 

(d) REPEAL OF REQUIREMENT FOR ANNUAL UPDATE TO STOCKPILE MANAGEMENT PROGRAM PLAN.—Section 4204 of the Atomic 

Energy Defense Act (50 U.S.C. 2524) is amended— 

(1) in subsection (b)(2)(B), by striking ‘‘nuclear complex’’ 

and inserting ‘‘nuclear security enterprise’’; 

(2) by striking subsections (c) and (d); and 

(3) by redesignating subsection (e) as subsection (c). 

(e) REPEAL OF REQUIREMENT FOR REPORTS ON NUCLEAR TEST

READINESS.— 

(1) AEDA.— 

(A) IN GENERAL.—Section 4208 of the Atomic Energy 

Defense Act (50 U.S.C. 2528) is repealed. 

(B) CLERICAL AMENDMENT.—The table of contents for 

the Atomic Energy Defense Act is amended by striking 

the item relating to section 4208. 

50 USC 2523a. 


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PUBLIC LAW 112–239—JAN. 2, 2013 126 STAT. 2193 

(2) NDAA FISCAL YEAR 1996.—Section 3152 of the National 

Defense Authorization Act for Fiscal Year 1996 (Public Law 

104–106; 110 Stat. 623) is repealed. 

SEC. 3134. REPEAL OF CERTAIN REPORTING REQUIREMENTS. 

(a) GAO ENVIRONMENTAL MANAGEMENT REPORTS.—Section 

3134 of the National Defense Authorization Act for Fiscal Year 

2010 (Public Law 111–84; 123 Stat. 2713) is amended— 

(1) in subsection (c)— 

(A) in paragraph (1), by striking ‘‘The Comptroller’’ 

and all that follows through ‘‘(2),’’ and inserting ‘‘Beginning 

on the date on which the report under subsection (b)(2) 

is submitted, the Comptroller General shall conduct a 

review’’; 

(B) by striking paragraph (2); 

(C) by redesignating paragraph (3) as paragraph (2); 

and 

(D) in paragraph (2), as so redesignated, by striking 

‘‘the end of the period described in paragraph (2)’’ and 

inserting ‘‘August 30, 2012’’; and 

(2) in subsection (d)— 

(A) in paragraph (1), by striking ‘‘subsection (c)(3)’’ 

and inserting ‘‘subsection (c)(2)’’; and 

(B) in paragraph (2), by striking ‘‘90 days’’ and all 

that follows through ‘‘(c)(3)’’ and inserting ‘‘April 30, 2016, 

or the date that is 210 days after the date on which 

the Secretary of Energy notifies the Comptroller General 

that all American Recovery and Reinvestment Act funds 

have been expended, whichever is earlier’’. 

(b) WORKFORCE RESTRUCTURING PLAN UPDATES.— (1) IN GENERAL.—Section 4604 of the Atomic Energy 

Defense Act (50 U.S.C. 2704), as amended by section 3131(q), 

is amended— 

(A) in subsection (b)(1), by striking ‘‘and any updates 

of the plan under subsection (e)’’; 

(B) by striking subsection (e); 

(C) in subsection (f)— 

(i) by striking paragraph (2); and 

(ii) by redesignating paragraph (3), as added by 

such section 3131(q), as paragraph (2); and 

(D) by redesignating subsections (f) and (g) as subsections (e) and (f), respectively. 

(2) CONFORMING AMENDMENT.—Section 4643(d)(1) of the 

Atomic Energy Defense Act (50 U.S.C. 2733(d)(1)) is amended 

by striking ‘‘section 4604(g)’’ and inserting ‘‘section 4604(f)’’. 

(c) UNCLASSIFIED CONTROLLED NUCLEAR INFORMATION QUAR- TERLY REPORT.—Section 148 of the Atomic Energy Act of 1954 

(42 U.S.C. 2168) is amended by striking subsection e. 

Subtitle D—Reports 

SEC. 3141. REPORTS ON LIFETIME EXTENSION PROGRAMS. 

(a) PROTOTYPES.—Subtitle A of title XLII of the Atomic Energy 

Defense Act (50 U.S.C. 2521 et seq.) is amended by inserting after 

section 4215, as added by section 3114(a)(1), the following new 

section: 

50 USC 2528. 


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126 STAT. 2194 PUBLIC LAW 112–239—JAN. 2, 2013 

‘‘SEC. 4216. REPORTS ON LIFETIME EXTENSION PROGRAMS. 

‘‘(a) REPORTS REQUIRED.—Before proceeding beyond phase 6.2 

activities with respect to any lifetime extension program, the 

Nuclear Weapons Council established by section 179 of title 10, 

United States Code, shall submit to the congressional defense 

committees a report on such phase 6.2 activities, including— 

‘‘(1) an assessment of the lifetime extension options considered for the phase 6.2 activities, including whether the subsystems and components in each option are considered to be 

a refurbishment, reuse, or replacement of such subsystem or 

component; and 

‘‘(2) an assessment of the option selected for the phase 

6.2 activities, including— 

‘‘(A) whether the subsystems and components will be 

refurbished, reused, or replaced; and 

‘‘(B) the advantages and disadvantages of refurbishment, reuse, and replacement for each such subsystem 

and component. 

‘‘(b) PHASE 6.2 ACTIVITIES DEFINED.—In this section, the term 

‘phase 6.2 activities’ means, with respect to a lifetime extension 

program, the phase 6.2 feasibility study and option down-select.’’. 

(b) CLERICAL AMENDMENT.—The table of contents at the beginning of such Act is amended by inserting after the item relating 

to section 4215, as added by section 3114(a)(2), the following new 

item: 

‘‘Sec. 4216. Reports on lifetime extension programs.’’. 

SEC. 3142. NOTIFICATION OF NUCLEAR CRITICALITY AND NONNUCLEAR INCIDENTS. 

(a) NOTIFICATION.— 

(1) IN GENERAL.—Subtitle C of title XLVI of the Atomic 

Energy Defense Act (50 U.S.C. 2731 et seq.), as amended by 

section 3161(a), is amended by adding at the end the following 

new section: 

‘‘SEC. 4646. NOTIFICATION OF NUCLEAR CRITICALITY AND NONNUCLEAR INCIDENTS. 

‘‘(a) NOTIFICATION.—The Secretary of Energy and the Administrator, as the case may be, shall submit to the appropriate congressional committees a notification of a nuclear criticality incident 

resulting from a covered program that results in an injury or 

fatality or results in the shutdown, or partial shutdown, of a covered 

facility by not later than 15 days after the date of such incident. 

‘‘(b) ELEMENTS OF NOTIFICATION.—Each notification submitted 

under subsection (a) shall include the following: 

‘‘(1) A description of the incident, including the cause of 

the incident. 

‘‘(2) In the case of a criticality incident, whether the 

incident caused a facility, or part of a facility, to be shut 

down. 

‘‘(3) The effect, if any, on the mission of the Administration 

or the Office of Environmental Management of the Department 

of Energy. 

‘‘(4) Any corrective action taken in response to the incident. 

‘‘(c) DATABASE.—(1) The Secretary shall maintain a record of 

incidents described in paragraph (2). 

50 USC 2736. 

50 USC 2536. 


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‘‘(2) An incident described in this paragraph is any of the 

following incidents resulting from a covered program: 

‘‘(A) A nuclear criticality incident that results in an injury 

or fatality or results in the shutdown, or partial shutdown, 

of a covered facility. 

‘‘(B) A non-nuclear incident that results in serious bodily 

injury or fatality at a covered facility. 

‘‘(d) COOPERATION.—In carrying out this section, the Secretary 

and the Administrator shall ensure that each management and 

operating contractor of a covered facility cooperates in a timely 

manner. 

‘‘(e) DEFINITIONS.—In this section: 

‘‘(1) The term ‘appropriate congressional committees’ 

means— 

‘‘(A) the congressional defense committees; and 

‘‘(B) the Committee on Energy and Commerce of the 

House of Representatives and the Committee on Energy 

and Natural Resources of the Senate. 

‘‘(2) The term ‘covered facility’ means— 

‘‘(A) a facility of the nuclear security enterprise; and 

‘‘(B) a facility conducting activities for the defense 

environmental cleanup program of the Office of Environmental Management of the Department of Energy. 

‘‘(3) The term ‘covered program’ means— 

‘‘(A) programs of the Administration; and 

‘‘(B) defense environmental cleanup programs of the 

Office of Environmental Management of the Department 

of Energy.’’. 

(2) CLERICAL AMENDMENT.—The table of contents at the 

beginning of such Act is amended by inserting after the item 

relating to section 4645, as added by section 3161(b), the following new item: 

‘‘Sec. 4646. Notification of nuclear criticality and non-nuclear incidents.’’. 

(b) REPORT.— (1) IN GENERAL.—Not later than 90 days after the date 

of the enactment of this Act, the Secretary of Energy and 

the Administrator for Nuclear Security shall each submit to 

the appropriate congressional committees a report detailing 

any incidents described in paragraph (2) that occurred during 

the 10-year period before the date of the report. 

(2) INCIDENTS DESCRIBED.—An incident described in this 

paragraph is any of the following incidents that occurred as 

a result of programs of the National Nuclear Security Administration or defense environmental cleanup programs of the Office 

of Environmental Management of the Department of Energy: 

(A) A nuclear criticality incident that resulted in an 

injury or fatality or resulted in the shutdown, or partial 

shutdown, of a facility of the nuclear security enterprise 

or a facility conducting activities for such defense environmental cleanup programs. 

(B) A non-nuclear incident that results in serious bodily 

injury or fatality at such a facility. 

(3) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.— 

In this subsection, the term ‘‘appropriate congressional committees’’ means— 

(A) the congressional defense committees; and 


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(B) the Committee on Energy and Commerce of the 

House of Representatives and the Committee on Energy 

and Natural Resources of the Senate. 

SEC. 3143. QUARTERLY REPORTS TO CONGRESS ON FINANCIAL BALANCES FOR ATOMIC ENERGY DEFENSE ACTIVITIES. 

(a) REPORTS REQUIRED.—Subtitle C of title XLVII of the Atomic 

Energy Defense Act (50 U.S.C. 2771 et seq.) is amended by adding 

at the end the following new section: 

‘‘SEC. 4732. QUARTERLY REPORTS ON FINANCIAL BALANCES FOR 

ATOMIC ENERGY DEFENSE ACTIVITIES. 

‘‘(a) REPORTS REQUIRED.—Not later than 15 days after the 

end of each fiscal year quarter, the Secretary of Energy shall 

submit to the congressional defense committees a report on the 

financial balances for each atomic energy defense program at the 

budget control levels used in the report accompanying the most 

current Act appropriating funds for energy and water development. 

‘‘(b) ELEMENTS.—Each report under subsection (a) shall set 

forth, for each program covered by such report, the following as 

of the end of the fiscal year quarter covered by such report: 

‘‘(1) The total amount authorized to be appropriated, 

including amounts authorized to be appropriated in the current 

fiscal year and amounts authorized to be appropriated for prior 

fiscal years. 

‘‘(2) The amount unobligated. 

‘‘(3) The amount unobligated but committed. 

‘‘(4) The amount obligated but uncosted. 

‘‘(c) PRESENTATION.—Each report under subsection (a) shall 

present information as follows: 

‘‘(1) For each program, in summary form and by fiscal 

year. 

‘‘(2) With financial balances in connection with funding 

under recurring DOE national security authorizations (as that 

term is defined in section 4701(1)) presented separately from 

balances in connection with funding under any other provisions 

of law.’’. 

(b) CLERICAL AMENDMENT.—The table of contents at the beginning of such Act is amended by inserting after the item relating 

to section 4731, as in effect before the amendment made by section 

3131(u)(2) takes effect, the following new item: 

‘‘Sec. 4732. Quarterly reports on financial balances for atomic energy defense activities.’’. 

SEC. 3144. NATIONAL ACADEMY OF SCIENCES STUDY ON PEER REVIEW 

AND DESIGN COMPETITION RELATED TO NUCLEAR 

WEAPONS. 

(a) STUDY.—Not later than 60 days after the date of the enactment of this Act, the Administrator for Nuclear Security shall 

enter into an agreement with the National Academy of Sciences 

to conduct a study of peer review and design competition related 

to nuclear weapons. 

(b) ELEMENTS.—The study required by subsection (a) shall 

include an assessment of— 

(1) the quality and effectiveness of peer review of designs, 

development plans, engineering and scientific activities, and 

priorities related to both nuclear and non-nuclear aspects of 

nuclear weapons; 

50 USC 2772. 


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(2) incentives for effective peer review; 

(3) the potential effectiveness, efficiency, and cost of alternative methods of conducting peer review and design competition related to both nuclear and non-nuclear aspects of nuclear 

weapons, as compared to current methods; 

(4) the known instances where current peer review practices and design competition succeeded or failed to find problems or potential problems; and 

(5) such other matters related to peer review and design 

competition related to nuclear weapons as the Administrator 

considers appropriate. 

(c) COOPERATION AND ACCESS TO INFORMATION AND PERSONNEL.—The Administrator shall ensure that the National 

Academy of Sciences receives full and timely cooperation, including 

full access to information and personnel, from the National Nuclear 

Security Administration and the management and operating contractors of the Administration for the purposes of conducting the 

study under subsection (a). 

(d) REPORT.— 

(1) IN GENERAL.—The National Academy of Sciences shall 

submit to the Administrator a report containing the results 

of the study conducted under subsection (a) and any recommendations resulting from the study. 

(2) SUBMITTAL TO CONGRESS.—Not later than September 

30, 2014, the Administrator shall submit to the Committees 

on Armed Services of the House of Representatives and the 

Senate the report submitted under paragraph (1) and any comments or recommendations of the Administrator with respect 

to the report. 

(3) FORM.—The report submitted under paragraph (1) shall 

be in unclassified form, but may include a classified annex. 

SEC. 3145. REPORT ON DEFENSE NUCLEAR NONPROLIFERATION PROGRAMS. 

(a) REPORT REQUIRED.— 

(1) IN GENERAL.—Not later than March 1 of each year 

from 2013 through 2015, the Administrator for Nuclear Security 

shall submit to the appropriate congressional committees a 

report on the budget, objectives, and metrics of the defense 

nuclear nonproliferation programs of the National Nuclear 

Security Administration. 

(2) ELEMENTS.—The report required by paragraph (1) shall 

include the following: 

(A) An identification and explanation of uncommitted 

balances that are more than the acceptable carryover 

thresholds, as determined by the Secretary of Energy, on 

a program-by-program basis. 

(B) An identification of foreign countries that are 

sharing the cost of implementing defense nuclear nonproliferation programs, including an explanation of such 

cost sharing. 

(C) A description of objectives and measurements for 

each defense nuclear nonproliferation program. 

(D) A description of the proliferation of nuclear 

weapons threat and how each defense nuclear nonproliferation program activity counters the threat. 

Recommendations. 


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(E) A description and assessment of nonproliferation 

activities coordinated with the Department of Defense to 

maximize efficiency and avoid redundancies. 

(F) A description of how the defense nuclear nonproliferation programs are prioritized to meet the most 

urgent nonproliferation requirements. 

(b) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In 

this section, the term ‘‘appropriate congressional committees’’ 

means— 

(1) the Committee on Armed Services and the Committee 

on Foreign Affairs of the House of Representatives; and 

(2) the Committee on Armed Services and the Committee 

on Foreign Relations of the Senate. 

(c) FORM.—The report required by subsection (a)(1) shall be 

submitted in unclassified form, but may include a classified annex. 

SEC. 3146. STUDY ON REUSE OF PLUTONIUM PITS. 

(a) STUDY.—Not later than 270 days after the date of the 

enactment of this Act, the Administrator for Nuclear Security, 

in coordination with the Nuclear Weapons Council established by 

section 179 of title 10, United States Code, shall submit to the 

congressional defense committees a study of plutonium pits, 

including— 

(1) the availability of plutonium pits— 

(A) as of the date of the report; and 

(B) after such date as a result of the dismantlement 

of nuclear weapons; and 

(2) an assessment of the potential for reusing plutonium 

pits in future life extension programs. 

(b) MATTERS INCLUDED.—The study submitted under subsection 

(a) shall include the following: 

(1) The feasibility and practicability of potential full or 

partial reuse options with respect to plutonium pits. 

(2) The benefits and risks of reusing plutonium pits. 

(3) A list of technical challenges that must be resolved 

to certify aged plutonium under dynamic loading conditions 

and the full stockpile-to-target sequence of weapons, including 

a program plan and timeline for resolving such technical challenges and an assessment of the importance of resolving outstanding materials issues on certifying aged plutonium pits. 

(4) A list of the facilities that will perform the testing 

and experiments required to resolve the technical challenges 

identified under paragraph (3). 

(5) The potential costs and cost savings of such reuse. 

(6) The effects of such reuse on the requirements for plutonium pit manufacturing. 

(7) An assessment of how such reuse affects plans to build 

a responsive nuclear weapons infrastructure. 

SEC. 3147. ASSESSMENT OF NUCLEAR WEAPON PIT PRODUCTION 

REQUIREMENT. 

(a) ASSESSMENT.—The Secretary of Defense, in coordination 

with the Secretary of Energy and the Commander of the United 

States Strategic Command, shall assess the annual plutonium pit 

production requirement needed to sustain a safe, secure, and reliable nuclear weapon arsenal. 

(b) REPORTS.— 


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(1) IN GENERAL.—Not later than 180 days after the date 

of the enactment of this Act, the Secretary of Defense, in 

coordination with the Secretary of Energy and the Commander 

of the United States Strategic Command, shall submit to the 

congressional defense committees a report regarding the assessment conducted under subsection (a), including— 

(A) an explanation of the rationale and assumptions 

that led to the current 50 to 80 plutonium pit production 

requirement, including the factors considered in determining such requirement; 

(B) an analysis of whether there are any changes to 

the current 50 to 80 plutonium pit production requirement, 

including the reasons for any such changes; 

(C) the cost and implications for national security of 

various smaller and larger pit production capacities, 

including with respect to— 

(i) the ability to respond to geopolitical and technical risks; 

(ii) the sustainment of the nuclear weapons stockpile, including options available for life extension programs; and 

(iii) impacts on the requirements for the inactive 

and reserve nuclear weapons stockpile. 

(2) UPDATE.—If the report under paragraph (1) does not 

incorporate the results of the Nuclear Posture Review 

Implementation Study, the Secretary of Defense, in coordination with the Secretary of Energy and the Commander of the 

United States Strategic Command, shall submit to the congressional defense committees an update to the report under paragraph (1) that incorporates the results of such study by not 

later than 90 days after the date on which such committees 

receive such study. 

(c) FORM.—The reports under paragraphs (1) and (2) of subsection (b) shall be submitted in unclassified form, but may include 

a classified annex. 

SEC. 3148. STUDY ON A MULTIAGENCY GOVERNANCE MODEL FOR 

NATIONAL SECURITY LABORATORIES. 

(a) INDEPENDENT ASSESSMENT.— 

(1) IN GENERAL.—The Administrator for Nuclear Security 

shall commission an independent assessment regarding the 

transition of the national security laboratories to multiagency 

federally funded research and development centers with direct 

sustainment and sponsorship by multiple national security 

agencies. The organization selected to conduct the independent 

assessment shall have recognized credentials and expertise in 

national security science and engineering laboratories. 

(2) BACKGROUND MATERIAL.—The assessment shall leverage 

previous studies, including— 

(A) the report published in 2009 by the Stimson Center 

titled ‘‘Leveraging Science for Security: A Strategy for the 

Nuclear Weapons Laboratories in the 21st Century’’; and 

(B) the Phase 1 report published in 2012 by the 

National Academy of Sciences titled ‘‘Managing for HighQuality Science and Engineering at the NNSA National 

Security laboratories’’. 


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126 STAT. 2200 PUBLIC LAW 112–239—JAN. 2, 2013 

(3) ELEMENTS.—The assessment conducted pursuant to 

paragraph (1) shall include the following elements: 

(A) An assessment of a new governance structure 

that— 

(i) gives multiple national security agencies, 

including the Department of Defense, the Department 

of Homeland Security, the Department of Energy, and 

the intelligence community, direct sponsorship of the 

national security laboratories as federally funded 

research and development centers so that such agencies have more direct and rapid access to the assets 

available at the laboratories and the responsibility to 

provide sustainable support for the science and technology needs of the agencies at the laboratories; 

(ii) reduces costs to the Federal Government for 

the use of the resources of the laboratories, while 

enhancing the stewardship of these national resources 

and maximizing their service to the Nation; 

(iii) enhances the overall quality of the scientific 

research and engineering capability of the laboratories, 

including their ability to recruit and retain top scientists and engineers; and 

(iv) maintains as paramount the capabilities 

required to support the nuclear stockpile stewardship 

and related nuclear missions. 

(B) A recommendation as to which, if any, other laboratories associated with any national security agency should 

be included in the new governance structure. 

(C) Options for implementing the new governance 

structure that minimize disruption of performance and 

costs to the government while rapidly achieving anticipated 

gains. 

(D) Legislative changes and executive actions that 

would need to be made in order to implement the new 

governance structure. 

(b) REPORT.— 

(1) IN GENERAL.—Not later than January 1, 2014, the 

organization selected to conduct the independent assessment 

under subsection (a)(1) shall submit to the Administrator and 

the congressional defense committees a report that contains 

the findings of the assessment. 

(2) FORM.—The report under paragraph (1) shall be submitted in unclassified form, but may include a classified annex. 

(c) DEFINITION.—In this section, the term ‘‘national security 

laboratory’’ has the meaning given that term in section 3281 of 

the National Nuclear Security Administration Act (50 U.S.C. 2471). 

SEC. 3149. REPORT ON EFFICIENCIES IN FACILITIES AND FUNCTIONS 

OF THE NATIONAL NUCLEAR SECURITY ADMINISTRATION. 

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

of the enactment of this Act, the Nuclear Weapons Council established by section 179 of title 10, United States Code, shall submit 

to the congressional defense committees a report setting forth the 

assessment of the Council as to the feasibility of finding further 

efficiencies in the facilities and functions of the National Nuclear 

Security Administration in order to reduce costs. 


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(b) PROCESS.—If the assessment of the Council in the report 

under subsection (a) is that excess facilities or duplicative functions 

exist and seeking efficiencies in the facilities and functions of the 

Administration is feasible and would reduce cost, the report shall 

include recommendations for a process to determine the manner 

in which such efficiencies should be accomplished, including an 

estimate of the time required to complete the process. 

(c) LIMITATION ON AVAILABILITY OF CERTAIN FUNDS PENDING

REPORT.—Amounts authorized to be appropriated by this title and 

available for the facility projects in the Department of Energy 

Readiness and Technical Base designated 04–D–125 and 06–D– 

141 may not be obligated or expended for CD–3, Start of Construction (as found in Department of Energy Order 413.3 B Program 

and Project Management for the Acquisition of Capital Assets), 

until the submittal under subsection (a) of the report required 

by that subsection. 

SEC. 3150. STUDY ON REGIONAL RADIOLOGICAL SECURITY ZONES. 

(a) STUDY.— 

(1) IN GENERAL.—Not later than 180 days after the date 

of the enactment of this Act, the Comptroller General of the 

United States shall submit to the appropriate congressional 

committees a study in accordance with paragraph (3). 

(2) CONSULTATION.—The Comptroller General may, in conducting the study required under paragraph (1), consult with 

the Secretary of Energy, the Secretary of Homeland Security, 

the Secretary of State, the Nuclear Regulatory Commission, 

and such other departments and agencies of the United States 

Government as the Comptroller General considers appropriate. 

(3) MATTERS INCLUDED.—The study under paragraph (1) 

shall include the following: 

(A) An assessment of the radioactive isotopes and associated activity levels that present the greatest risk to 

national and international security. 

(B) A review of current efforts by the Federal Government to secure radiological materials abroad, including 

coordination with foreign governments, the European 

Union, the International Atomic Energy Agency, other 

international programs, and nongovernmental organizations that identify, register, secure, remove, and provide 

for the disposition of high-risk radiological materials worldwide. 

(C) A review of current efforts of the Federal Government to secure radiological materials domestically at 

civilian sites, including hospitals, industrial sites, and other 

locations. 

(D) A definition of regional radiological security zones, 

including the subset of the materials of concern to be 

the immediate focus and the security best practices 

required to achieve that goal. 

(E) An assessment of the feasibility, cost, desirability, 

and added benefit of establishing regional radiological security zones in high priority areas worldwide in order to 

facilitate regional collaboration in— 

(i) identifying and inventorying high-activity radiological sources at high-risk sites; 


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(ii) reviewing national level regulations, inspections, transportation security, and security upgrade 

options; and 

(iii) assessing opportunities for the harmonization 

of regulations and security practices among the nations 

of the region. 

(F) An assessment of the feasibility, cost, desirability, 

and added benefit of establishing remote regional monitoring centers that would receive real-time data from radiological security sites, would be staffed by trained personnel 

from the countries in the region, and would alert local 

law enforcement in the event of a potential or actual terrorist incident or other emergency. 

(G) An assessment of the feasibility and cost of securing 

radiological materials in the United States and through 

regional monitoring centers, taking into account the threat 

and consequences of a terrorist attack using fissile materials as compared to the threat and consequences of a 

terrorist attack using radiological materials. 

(H) A list and assessment of the best practices used 

in the United States that are most critical in enhancing 

domestic radiological material security and could be used 

to enhance radiological security worldwide. 

(I) An assessment of the United States entity or entities 

that would be best suited to lead efforts to establish a 

radiological security zone program. 

(J) An estimate of the costs associated with the 

implementation of a radiological security zone program. 

(K) An assessment of the known locations outside the 

United States housing high-risk radiological materials in 

excess of 1,000 curies. 

(L) An assessment of how efforts to secure radiological 

materials might impact the available resources, capabilities, and capacity of the United States that would be used 

to secure fissile materials. 

(4) FORM.—The study required under paragraph (1) shall 

be submitted in unclassified form, but may include a classified 

annex. 

(b) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In 

this section, the term ‘‘appropriate congressional committees’’ 

means— 

(1) the Committee on Armed Services, the Committee on 

Homeland Security and Governmental Affairs, and the Committee on Foreign Relations of the Senate; and 

(2) the Committee on Armed Services, the Committee on 

Homeland Security, and the Committee on Foreign Affairs of 

the House of Representatives. 

SEC. 3151. REPORT ON ABANDONED URANIUM MINES. 

(a) REPORT.— 

(1) IN GENERAL.—The Secretary of Energy, in consultation 

with the Secretary of the Interior and the Administrator of 

the Environmental Protection Agency, shall undertake a review 

of, and prepare a report on, abandoned uranium mines in 

the United States that provided uranium ore for atomic energy 

defense activities of the United States. 


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(2) MATTERS TO BE ADDRESSED.—The report shall describe 

and analyze— 

(A) the location of the abandoned uranium mines 

described in paragraph (1) on Federal, State, tribal, and 

private land, taking into account any existing inventories 

undertaken by Federal agencies, States, and Indian tribes, 

and any additional information available to the Secretary; 

(B) the extent to which the abandoned uranium 

mines— 

(i) pose, or may pose, a significant radiation hazard 

or other significant threat to public health and safety; 

and 

(ii) have caused, or may cause, significant water 

quality degradation or other environmental degradation; 

(C) a ranking of priority by category for the remediation 

and reclamation of the abandoned uranium mines; 

(D) the potential cost and feasibility of remediating 

and reclaiming, in accordance with applicable Federal law, 

each category of abandoned uranium mines; and 

(E) the status of any efforts to remediate and reclaim 

abandoned uranium mines. 

(b) CONSULTATION.—In preparing the report under subsection 

(a), the Secretary shall consult with any other relevant Federal 

agencies, affected States and Indian tribes, and interested members 

of the public. 

(c) REPORT TO CONGRESS.— 

(1) IN GENERAL.—Not later than 18 months after the date 

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

the appropriate congressional committees the report under subsection (a)(1). 

(2) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.— 

In this subsection, the term ‘‘appropriate congressional committees’’ means— 

(A) the Committees on Armed Services of the Senate 

and the House of Representatives; and 

(B) the Committee on Energy and Natural Resources 

of the Senate, the Committee on Energy and Commerce 

of the House of Representatives, and the Committee on 

Natural Resources of the House of Representatives. 

(d) CONSTRUCTION.—Nothing in this section may be construed 

to affect any responsibility or liability of the Federal Government, 

a State, an Indian tribe, or a person with respect to the remediation 

of an abandoned uranium mine. 

Subtitle E—Other Matters 

SEC. 3161. USE OF PROBABILISTIC RISK ASSESSMENT TO ENSURE 

NUCLEAR SAFETY. 

(a) IN GENERAL.—Subtitle C of title XLVI of the Atomic Energy 

Defense Act (50 U.S.C. 2731 et seq.) is amended by adding at 

the end the following new section: 


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126 STAT. 2204 PUBLIC LAW 112–239—JAN. 2, 2013 

‘‘SEC. 4645. USE OF PROBABILISTIC RISK ASSESSMENT TO ENSURE 

NUCLEAR SAFETY OF FACILITIES OF THE ADMINISTRATION AND THE OFFICE OF ENVIRONMENTAL MANAGEMENT. 

‘‘(a) NUCLEAR SAFETY AT NNSA AND DOE FACILITIES.—The 

Administrator and the Secretary of Energy shall ensure that the 

methods for assessing, certifying, and overseeing nuclear safety 

at the facilities specified in subsection (c) use national and international standards and nuclear industry best practices, including 

probabilistic or quantitative risk assessment if sufficient data exist. 

‘‘(b) ADEQUATE PROTECTION.—The use of probabilistic or quantitative risk assessment under subsection (a) shall be to support, 

rather than replace, the requirement under section 182 of the 

Atomic Energy Act of 1954 (42 U.S.C. 2232) that the utilization 

or production of special nuclear material will be in accordance 

with the common defense and security and will provide adequate 

protection to the health and safety of the public. 

‘‘(c) FACILITIES SPECIFIED.—Subsection (a) shall apply— 

‘‘(1) to the Administrator with respect to the national security laboratories and the nuclear weapons production facilities; 

and 

‘‘(2) to the Secretary of Energy with respect to defense 

nuclear facilities of the Office of Environmental Management 

of the Department of Energy.’’. 

(b) CLERICAL AMENDMENT.—The table of contents at the beginning of such Act is amended by inserting after the item relating 

to section 4644 the following new item: 

‘‘Sec. 4645. Use of probabilistic risk assessment to ensure nuclear safety of facilities 

of the Administration and the Office of Environmental Management.’’. 

SEC. 3162. SUBMITTAL TO CONGRESS OF SELECTED ACQUISITION 

REPORTS AND INDEPENDENT COST ESTIMATES ON LIFE 

EXTENSION PROGRAMS AND NEW NUCLEAR FACILITIES. 

(a) SUBMITTAL REQUIRED.—Subtitle A of title XLII of the Atomic 

Energy Defense Act (50 U.S.C. 2521 et seq.) is amended by inserting 

after section 4216, as added by section 3141(a), the following new 

section: 

‘‘SEC. 4217. SELECTED ACQUISITION REPORTS AND INDEPENDENT 

COST ESTIMATES ON LIFE EXTENSION PROGRAMS AND 

NEW NUCLEAR FACILITIES. 

‘‘(a) SELECTED ACQUISITION REPORTS.—(1) At the end of each 

fiscal-year quarter, the Secretary of Energy, acting through the 

Administrator, shall submit to the congressional defense committees 

a report on each nuclear weapon system undergoing life extension. 

The reports shall be known as Selected Acquisition Reports for 

the weapon system concerned. 

‘‘(2) The information contained in the Selected Acquisition 

Report for a fiscal-year quarter for a nuclear weapon system shall 

be the information contained in the Selected Acquisition Report 

for such fiscal-year quarter for a major defense acquisition program 

under section 2432 of title 10, United States Code, expressed in 

terms of the nuclear weapon system. 

‘‘(b) INDEPENDENT COST ESTIMATES.—(1) The Secretary, acting 

through the Administrator, shall submit to the congressional 

defense committees and the Nuclear Weapons Council established 

50 USC 2537. 

Applicability. 

50 USC 2735. 


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under section 179 of title 10, United States Code, an independent 

cost estimate of the following: 

‘‘(A) Each nuclear weapon system undergoing life extension 

at the completion of phase 6.2A, relating to design definition 

and cost study. 

‘‘(B) Each nuclear weapon system undergoing life extension 

before initiation of phase 6.5, relating to first production. 

‘‘(C) Each new nuclear facility within the nuclear security 

enterprise that is estimated to cost more than $500,000,000 

before such facility achieves critical decision 2 in the acquisition 

process. 

‘‘(2) A cost estimate for purposes of this subsection may not 

be prepared by the Department of Energy or the Administration. 

‘‘(c) AUTHORITY FOR FURTHER ASSESSMENTS.—Upon the request 

of the Administrator, the Secretary of Defense, acting through the 

Director of Cost Assessment and Program Evaluation and in consultation with the Administrator, may conduct an independent cost 

assessment of any initiative or program of the Administration that 

is estimated to cost more than $500,000,000.’’. 

(b) CLERICAL AMENDMENT.—The table of contents at the beginning of such Act is amended by inserting after the item relating 

to 4216, as added by section 3141(b), the following new item: 

‘‘Sec. 4217. Selected Acquisition Reports and independent cost estimates on life extension programs and new nuclear facilities.’’. 

SEC. 3163. CLASSIFICATION OF CERTAIN RESTRICTED DATA. 

Section 142 of the Atomic Energy Act of 1954 (42 U.S.C. 2162) 

is amended— 

(1) in subsection d.— 

(A) by inserting ‘‘(1)’’ before ‘‘The Commission’’; and 

(B) by adding at the end the following: 

‘‘(2) The Commission may restore to the Restricted Data category any information related to the design of nuclear weapons 

removed under paragraph (1) if the Commission and the Department of Defense jointly determine that— 

‘‘(A) the programmatic requirements that caused the 

information to be removed from the Restricted Data category 

are no longer applicable or have diminished; 

‘‘(B) the information would be more appropriately protected 

as Restricted Data; and 

‘‘(C) restoring the information to the Restricted Data category is in the interest of national security. 

‘‘(3) In carrying out paragraph (2), information related to the 

design of nuclear weapons shall be restored to the Restricted Data 

category in accordance with regulations prescribed for purposes 

of such paragraph.’’; and 

(2) in subsection e.— 

(A) by inserting ‘‘(1)’’ before ‘‘The Commission’’; 

(B) by striking ‘‘Central’’ and inserting ‘‘National’’; and 

(C) by adding at the end the following: 

‘‘(2) The Commission may restore to the Restricted Data category any information concerning atomic energy programs of other 

nations removed under paragraph (1) if the Commission and the 

Director of National Intelligence jointly determine that— 

‘‘(A) the programmatic requirements that caused the 

information to be removed from the Restricted Data category 

are no longer applicable or have diminished; 

Determination. 

Determination. 


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126 STAT. 2206 PUBLIC LAW 112–239—JAN. 2, 2013 

‘‘(B) the information would be more appropriately protected 

as Restricted Data; and 

‘‘(C) restoring the information to the Restricted Data category is in the interest of national security. 

‘‘(3) In carrying out paragraph (2), information concerning 

atomic energy programs of other nations shall be restored to the 

Restricted Data category in accordance with regulations prescribed 

for purposes of such paragraph.’’. 

SEC. 3164. ADVICE TO PRESIDENT AND CONGRESS REGARDING 

SAFETY, SECURITY, AND RELIABILITY OF UNITED STATES 

NUCLEAR WEAPONS STOCKPILE AND NUCLEAR FORCES. 

(a) IN GENERAL.—Section 1305 of the National Defense 

Authorization Act for Fiscal Year 1998 (42 U.S.C. 7274p) is— 

(1) transferred to the Atomic Energy Defense Act (50 U.S.C. 

2501 et seq.); 

(2) inserted after section 4217 of such Act, as added by 

section 3162(a); 

(3) redesignated as section 4218; and 

(4) amended by amending subsection (f) to read as follows: 

‘‘(f) EXPRESSION OF INDIVIDUAL VIEWS.— 

‘‘(1) IN GENERAL.—No individual, including representatives 

of the President, may take any action against, or otherwise 

constrain, a director of a national security laboratory or a 

nuclear weapons production facility, a member of the Nuclear 

Weapons Council established under section 179 of title 10, 

United States Code, or the Commander of the United States 

Strategic Command from presenting the professional views of 

the director, member, or Commander, as the case may be, 

to the President, the National Security Council, or Congress 

regarding— 

‘‘(A) the safety, security, reliability, or credibility of 

the nuclear weapons stockpile and nuclear forces; or 

‘‘(B) the status of, and plans for, the capabilities and 

infrastructure that support and sustain the nuclear 

weapons stockpile and nuclear forces. 

‘‘(2) CONSTRUCTION.—Nothing in paragraph (1)(B) may be 

construed to affect the interagency budget process.’’. 

(b) CONFORMING AMENDMENTS.—Section 4218 of the Atomic 

Energy Defense Act, as added by subsection (a), is amended— 

(1) by striking ‘‘nuclear weapons laboratories’’ each place 

it appears and inserting ‘‘national security laboratories’’; 

(2) by striking ‘‘nuclear weapons laboratory’’ each place 

it appears and inserting ‘‘national security laboratory’’; 

(3) by striking ‘‘nuclear weapons production plants’’ each 

place it appears and inserting ‘‘nuclear weapons production 

facilities’’; 

(4) by striking ‘‘nuclear weapons production plant’’ each 

place it appears and inserting ‘‘nuclear weapons production 

facility’’; and 

(5) by amending subsection (g) to read as follows: 

‘‘(g) REPRESENTATIVE OF THE PRESIDENT DEFINED.—In this section, the term ‘representative of the President’ means the following: 

‘‘(1) Any official of the Department of Defense or the 

Department of Energy who is appointed by the President and 

confirmed by the Senate. 

50 USC 2538. 


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PUBLIC LAW 112–239—JAN. 2, 2013 126 STAT. 2207 

‘‘(2) Any member or official of the National Security 

Council. 

‘‘(3) Any member or official of the Joint Chiefs of Staff. 

‘‘(4) Any official of the Office of Management and Budget.’’. 

(c) CLERICAL AMENDMENT.—The table of contents at the beginning of the Atomic Energy Defense Act is amended by inserting 

after the item relating to section 4217, as added by section 3162(b), 

the following new item: 

‘‘Sec. 4218. Advice to President and Congress regarding safety, security, and reliability of United States nuclear weapons stockpile.’’. 

SEC. 3165. PILOT PROGRAM ON TECHNOLOGY COMMERCIALIZATION. 

(a) PILOT PROGRAM.—The Secretary of Energy, in consultation 

with the Technology Transfer Coordinator appointed under section 

1001(a) of the Energy Policy Act of 2005 (42 U.S.C. 16391(a)), 

may carry out a pilot program at a national security laboratory 

for the purpose of accelerating technology transfer from such laboratories to the marketplace with respect to technologies that directly 

advance the mission of the National Nuclear Security Administration. 

(b) TERMINATION.—The authority to carry out the pilot program 

under subsection (a) shall terminate on the date that is two years 

after the date of the enactment of this Act. 

(c) REPORTS.— 

(1) IN GENERAL.—Not later than one year after the date 

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

the appropriate congressional committees a report on the pilot 

program under subsection (a). 

(2) ELEMENTS.—The report under paragraph (1) shall 

include the following: 

(A) An identification of opportunities for accelerating 

technology transfer from national security laboratories to 

the marketplace. 

(B) If the Secretary chooses to carry out the pilot 

program under subsection (a), a description of the plan 

to carry out such program. 

(C) If the Secretary chooses not to carry out the pilot 

program under subsection (a), a description of why the 

program will not be carried out. 

(d) DEFINITIONS.—In this section: 

(1) The term ‘‘appropriate congressional committees’’ means 

the following: 

(A) The Committees on Armed Services of the Senate 

and House of Representatives. 

(B) The Committee on Commerce, Science, and 

Transportation of the Senate and the Committee on 

Science, Space, and Technology of the House of Representatives. 

(C) The Committee on Energy and Natural Resources 

of the Senate and the Committee on Energy and Commerce 

of the House of Representatives. 

(2) The term ‘‘national security laboratory’’ has the meaning 

given that term in section 3281 of the National Nuclear Security 

Administration Act (50 U.S.C. 2471). 

Consultation. 

50 USC 2794. 


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126 STAT. 2208 PUBLIC LAW 112–239—JAN. 2, 2013 

SEC. 3166. CONGRESSIONAL ADVISORY PANEL ON THE GOVERNANCE 

OF THE NUCLEAR SECURITY ENTERPRISE. 

(a) ESTABLISHMENT.—There is established a congressional 

advisory panel to be known as the ‘‘Congressional Advisory Panel 

on the Governance of the Nuclear Security Enterprise’’ (in this 

section referred to as the ‘‘advisory panel’’). The purpose of the 

advisory panel is to examine options and make recommendations 

for revising the governance structure, mission, and management 

of the nuclear security enterprise. 

(b) COMPOSITION AND MEETINGS.— (1) MEMBERSHIP.—The advisory panel shall be composed 

of 12 members appointed as follows: 

(A) Two by the chairman of the Committee on Armed 

Services of the House of Representatives. 

(B) Two by the ranking minority member of the Committee on Armed Services of the House of Representatives. 

(C) Two by the chairman of the Committee on Armed 

Services of the Senate. 

(D) Two by the ranking minority member of the Committee on Armed Services of the Senate. 

(E) One by the Speaker of the House of Representatives. 

(F) One by the minority leader of the House of Representatives. 

(G) One by the majority leader of the Senate. 

(H) One by the minority leader of the Senate. 

(2) CO-CHAIRMEN.—Two members of the advisory panel 

shall serve as co-chairmen of the advisory panel. The co-chairmen shall be designated as follows: 

(A) The chairman of the Committee on Armed Services 

of the House of Representatives and the ranking minority 

member of the Committee on Armed Services of the Senate, 

in consultation with the Speaker of the House of Representatives and the minority leader of the Senate, shall jointly 

designate one member of the advisory panel to serve as 

co-chairman of the advisory panel. 

(B) The chairman of the Committee on Armed Services 

of the Senate and the ranking minority member of the 

Committee on Armed Services of the House of Representatives, in consultation with the majority leader of the Senate 

and the minority leader of the House of Representatives, 

shall jointly designate one member of the advisory panel 

to serve as co-chairman of the advisory panel. 

(3) SECURITY CLEARANCE REQUIRED.—Each individual 

appointed as a member of the advisory panel shall possess 

(or have recently possessed before the date of such appointment) 

the appropriate security clearance necessary to carry out the 

duties of the advisory panel. 

(4) PERIOD OF APPOINTMENT; VACANCIES.—Each member 

of the advisory panel shall be appointed for the life of the 

advisory panel. Any vacancy in the advisory panel shall be 

filled in the same manner as the original appointment. 

(5) MEETINGS.—The advisory panel shall commence its first 

meeting by not later than March 1, 2013, so long as at least 

two members have been appointed under paragraph (1) by 

such date. 

(c) COOPERATION FROM GOVERNMENT.— 

Deadline. 


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PUBLIC LAW 112–239—JAN. 2, 2013 126 STAT. 2209 

(1) COOPERATION.—The advisory panel shall receive the 

full and timely cooperation of the Secretary of Defense, the 

Secretary of Energy, and any other Federal official in providing 

the advisory panel with analyses, briefings, and other information, including access to classified information, necessary for 

the advisory panel to carry out its duties under this section. 

With respect to access to classified information, the Director 

of National Intelligence may determine which information is 

necessary under this paragraph. 

(2) LIAISON.—The following heads of Federal agencies shall 

each designate at least one officer or employee of the respective 

agency to serve as a liaison officer between the agency and 

the advisory panel: 

(A) The Secretary of State. 

(B) The Secretary of Defense. 

(C) The Secretary of Energy. 

(D) The Secretary of Homeland Security. 

(E) The Director of National Intelligence. 

(d) REPORTS REQUIRED.— 

(1) INTERIM REPORT.—Not later than 180 days after the 

date of the enactment of this Act, the advisory panel shall 

submit to the President, the Secretary of Defense, the Secretary 

of Energy, the Committees on Armed Services and Energy 

and Natural Resources of the Senate, and the Committees 

on Armed Services and Energy and Commerce of the House 

of Representatives an interim report on the initial findings, 

conclusions, and recommendations of the advisory panel. To 

the extent practicable, the interim report shall address the 

matters described in paragraph (2) and focus on the immediate, 

near-term actions the advisory panel recommends be taken. 

(2) REPORT.—Not later than February 1, 2014, the advisory 

panel shall submit to the President, the Secretary of Defense, 

the Secretary of Energy, the Committees on Armed Services 

and Energy and Natural Resources of the Senate, and the 

Committees on Armed Services and Energy and Commerce 

of the House of Representatives a report on the findings, conclusions, and recommendations of the advisory panel. The report 

shall include the following: 

(A) An assessment of each option considered by the 

advisory panel for revising the governance structure, mission, and management of the nuclear security enterprise, 

including the advantages, disadvantages, costs, risks, and 

benefits of each such option. 

(B) The recommendation of the advisory panel with 

respect to the most appropriate governance structure, mission, and management of the nuclear security enterprise. 

(C) Recommendations of the advisory panel with 

respect to— 

(i) the appropriate missions of the nuclear security 

enterprise, including how complementary missions 

should be managed while ensuring focus on core missions; 

(ii) the organization and structure of the nuclear 

security enterprise and the Federal agency responsible 

for such enterprise; 


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126 STAT. 2210 PUBLIC LAW 112–239—JAN. 2, 2013 

(iii) the roles, responsibilities, and authorities of 

Federal agencies, Federal officials, the national security laboratories and nuclear weapons production facilities, and the directors of such laboratories and facilities, including mechanisms for holding such officials 

and directors accountable; 

(iv) the allocation of roles and responsibilities with 

respect to the mission, operations, safety, and security 

of the nuclear security enterprise; 

(v) the relationships among the Federal agency 

responsible for the nuclear security enterprise and the 

National Security Council, the Nuclear Weapons 

Council, the Department of Energy, the Department 

of Defense, and other Federal agencies; 

(vi) the interagency planning, programming, and 

budgeting process for the nuclear security enterprise; 

(vii) the appropriate means for managing and overseeing the nuclear security enterprise, including the 

role of federally funded research and development centers, the role and impact of various contracting and 

fee structures, the appropriate role of contract competition and nonprofit and for-profit contractors, and the 

use of performance-based and transactional oversight; 

(viii) the appropriate means for ensuring the 

health of the intellectual capital of the nuclear security 

enterprise, including recruitment and retention of personnel and enhancement of a robust professional culture of excellence; 

(ix) the appropriate means for ensuring the health 

and sustainment of the critical capabilities and physical infrastructure of the nuclear security enterprise; 

(x) infrastructure, rules, regulations, best practices, standards, and appropriate oversight mechanisms to ensure robust protection of the health and 

safety of workers and the public while also providing 

such workers the ability to effectively and efficiently 

carry out their mission; 

(xi) the appropriate congressional committee structure for oversight of the nuclear security enterprise; 

(xii) the length of the terms and suggested qualifications for senior officials of the Federal agency 

responsible for the nuclear security enterprise; 

(xiii) contracting, budget planning, program 

management, and regulatory changes to reduce the 

cost of programs and administration without eroding 

mission effectiveness or requirements and ensuring 

robust protection of the health and safety of workers 

and the public; and 

(xiv) statutory, regulatory, and policy changes necessary for implementing the recommendations of the 

advisory panel. 

(D) An assessment of if and how the recommendations 

of the advisory panel will lead to greater mission focus 

and more effective and efficient program management for 

the nuclear security enterprise. 


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PUBLIC LAW 112–239—JAN. 2, 2013 126 STAT. 2211 

(E) Any other information or recommendations relating 

to the future of the nuclear security enterprise that the 

advisory panel considers appropriate. 

(e) FUNDING.—Of the amounts authorized to be appropriated 

by this Act or otherwise made available for fiscal year 2013 for 

the Department of Defense, not more than $3,000,000 shall be 

made available to the advisory panel to carry out this section. 

(f) TERMINATION.—The advisory panel shall terminate not later 

than June 1, 2014. 

(g) DEFINITIONS.—In this section: 

(1) The term ‘‘national security laboratory’’ has the meaning 

given that term in section 4002(6) of the Atomic Energy Defense 

Act, as amended by section 3131(a). 

(2) The term ‘‘nuclear security enterprise’’ has the meaning 

given that term in section 4002(5) of the Atomic Energy Defense 

Act, as amended by section 3131(a). 

(3) The term ‘‘nuclear weapons production facility’’ has 

the meaning given that term in section 4002(7) of the Atomic 

Energy Defense Act, as amended by section 3131(a). 

Subtitle F—American Medical Isotopes 

Production 

SEC. 3171. SHORT TITLE. 

This subtitle may be cited as the ‘‘American Medical Isotopes 

Production Act of 2012’’. 

SEC. 3172. DEFINITIONS. 

In this subtitle: 

(1) DEPARTMENT.—The term ‘‘Department’’ means the 

Department of Energy. 

(2) HIGHLY ENRICHED URANIUM.—The term ‘‘highly enriched 

uranium’’ means uranium enriched to 20 percent or greater 

in the isotope U–235. 

(3) LOW ENRICHED URANIUM.—The term ‘‘low enriched uranium’’ means uranium enriched to less than 20 percent in 

the isotope U–235. 

(4) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 

of Energy. 

SEC. 3173. IMPROVING THE RELIABILITY OF DOMESTIC MEDICAL ISOTOPE SUPPLY. 

(a) MEDICAL ISOTOPE DEVELOPMENT PROJECTS.— 

(1) IN GENERAL.—The Secretary shall carry out a technology-neutral program— 

(A) to evaluate and support projects for the production 

in the United States, without the use of highly enriched 

uranium, of significant quantities of molybdenum-99 for 

medical uses; 

(B) to be carried out in cooperation with non-Federal 

entities; and 

(C) the costs of which shall be shared in accordance 

with section 988 of the Energy Policy Act of 2005 (42 

U.S.C. 16352). 

(2) CRITERIA.—Projects shall be evaluated against the following primary criteria: 

42 USC 2065. 

42 USC 2065 

note. 

42 USC 2011 

note. 

American 

Medical Isotopes 

Production Act 

of 2012. 


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126 STAT. 2212 PUBLIC LAW 112–239—JAN. 2, 2013 

(A) The length of time necessary for the proposed 

project to begin production of molybdenum-99 for medical 

uses within the United States. 

(B) The capability of the proposed project to produce 

a significant percentage of United States demand for molybdenum-99 for medical uses. 

(C) The capability of the proposed project to produce 

molybdenum-99 in a cost-effective manner. 

(D) The cost of the proposed project. 

(3) EXEMPTION.—An existing reactor in the United States 

fueled with highly enriched uranium shall not be disqualified 

from the program if the Secretary determines that— 

(A) there is no alternative nuclear reactor fuel, 

enriched in the isotope U–235 to less than 20 percent, 

that can be used in that reactor; 

(B) the reactor operator has provided assurances that, 

whenever an alternative nuclear reactor fuel, enriched in 

the isotope U–235 to less than 20 percent, can be used 

in that reactor, it will use that alternative in lieu of highly 

enriched uranium; and 

(C) the reactor operator has provided a current report 

on the status of its efforts to convert the reactor to an 

alternative nuclear reactor fuel enriched in the isotope 

U–235 to less than 20 percent, and an anticipated schedule 

for completion of conversion. 

(4) PUBLIC PARTICIPATION AND REVIEW.—The Secretary 

shall— 

(A) develop a program plan and annually update the 

program plan through public workshops; and 

(B) use the Nuclear Science Advisory Committee to 

conduct annual reviews of the progress made in achieving 

the program goals and make recommendations to improve 

program effectiveness. 

(b) DEVELOPMENT ASSISTANCE.—The Secretary shall carry out 

a program to provide assistance for— 

(1) the development of fuels, targets, and processes for 

domestic molybdenum-99 production that do not use highly 

enriched uranium; and 

(2) commercial operations using the fuels, targets, and 

processes described in paragraph (1). 

(c) URANIUM LEASE AND TAKE-BACK.— 

(1) IN GENERAL.—The Secretary shall establish a program 

to make low enriched uranium available, through lease contracts, for irradiation for the production of molybdenum-99 

for medical uses. 

(2) TITLE.—The lease contracts shall provide for the producers of the molybdenum-99 to take title to and be responsible 

for the molybdenum-99 created by the irradiation, processing, 

or purification of uranium leased under this section. 

(3) DUTIES.— 

(A) SECRETARY.—The lease contracts shall require the 

Secretary— 

(i) to retain responsibility for the final disposition 

of spent nuclear fuel created by the irradiation, processing, or purification of uranium leased under this 

section for the production of medical isotopes; and 

Recommendations. 

Plan. 

Deadlines. 


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PUBLIC LAW 112–239—JAN. 2, 2013 126 STAT. 2213 

(ii) to take title to and be responsible for the final 

disposition of radioactive waste created by the irradiation, processing, or purification of uranium leased 

under this section for which the Secretary determines 

the producer does not have access to a disposal path. 

(B) PRODUCER.—The producer of the spent nuclear fuel 

and radioactive waste shall accurately characterize, appropriately package, and transport the spent nuclear fuel and 

radioactive waste prior to acceptance by the Department. 

(4) COMPENSATION.— 

(A) IN GENERAL.—Subject to subparagraph (B), the 

lease contracts shall provide for compensation in cash 

amounts equivalent to prevailing market rates for the sale 

of comparable uranium products and for compensation in 

cash amounts equivalent to the net present value of the 

cost to the Federal Government for— 

(i) the final disposition of spent nuclear fuel and 

radioactive waste for which the Department is responsible under paragraph (3); and 

(ii) other costs associated with carrying out the 

uranium lease and take-back program authorized by 

this subsection. 

(B) DISCOUNT RATE.—The discount rate used to determine the net present value of costs described in subparagraph (A)(ii) shall be not greater than the average interest 

rate on marketable Treasury securities. 

(5) AUTHORIZED USE OF FUNDS.—Subject to the availability 

of appropriations, the Secretary may obligate and expend funds 

received under leases entered into under this subsection, which 

shall remain available until expended, for the purpose of carrying out the activities authorized by this subtitle, including 

activities related to the final disposition of spent nuclear fuel 

and radioactive waste for which the Department is responsible 

under paragraph (3). 

(6) EXCHANGE OF URANIUM FOR SERVICES.—The Secretary 

shall not barter or otherwise sell or transfer uranium in any 

form in exchange for— 

(A) services related to the final disposition of the spent 

nuclear fuel and radioactive waste for which the Department is responsible under paragraph (3); or 

(B) any other services associated with carrying out 

the uranium lease and take-back program authorized by 

this subsection. 

(d) COORDINATION OF ENVIRONMENTAL REVIEWS.—The Department and the Nuclear Regulatory Commission shall ensure to the 

maximum extent practicable that environmental reviews for the 

production of the medical isotopes shall complement and not duplicate each review. 

(e) OPERATIONAL DATE.—The Secretary shall establish a program as described in subsection (c)(3) not later than 3 years after 

the date of enactment of this Act. 

(f) RADIOACTIVE WASTE.—Notwithstanding section 2 of the 

Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101), radioactive 

material resulting from the production of medical isotopes that 

has been permanently removed from a reactor or subcritical 

assembly and for which there is no further use shall be considered 

Deadline. 


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126 STAT. 2214 PUBLIC LAW 112–239—JAN. 2, 2013 

low-level radioactive waste if the material is acceptable under Federal requirements for disposal as low-level radioactive waste. 

SEC. 3174. EXPORTS. 

Section 134 of the Atomic Energy Act of 1954 (42 U.S.C. 2160d) 

is amended by striking subsection c. and inserting the following: 

‘‘c. MEDICAL PRODUCTION LICENSE SUNSET.—Effective 7 years 

after the date of enactment of the American Medical Isotopes 

Production Act of 2012, the Commission may not issue a license 

for the export of highly enriched uranium from the United States 

for the purposes of medical isotope production. 

‘‘d. MEDICAL PRODUCTION LICENSE EXTENSION.—The period 

referred to in subsection c. may be extended for no more than 

6 years if, no earlier than 6 years after the date of enactment 

of the American Medical Isotopes Production Act of 2012, the Secretary of Energy certifies to the Committee on Energy and Commerce of the House of Representatives and the Committee on 

Energy and Natural Resources of the Senate that— 

‘‘(1) there is insufficient global supply of molybdenum-99 

produced without the use of highly enriched uranium available 

to satisfy the domestic United States market; and 

‘‘(2) the export of United States-origin highly enriched uranium for the purposes of medical isotope production is the 

most effective temporary means to increase the supply of molybdenum-99 to the domestic United States market. 

‘‘e. PUBLIC NOTICE.—To ensure public review and comment, 

the development of the certification described in subsection d. shall 

be carried out through announcement in the Federal Register. 

‘‘f. JOINT CERTIFICATION.— 

‘‘(1) IN GENERAL.—In accordance with paragraph (2), the 

ban on the export of highly enriched uranium for purposes 

of medical isotope production referred to in subsections c. and 

d. shall not go into effect unless the Secretary of Energy and 

the Secretary of Health and Human Services have jointly certified that— 

‘‘(A) there is a sufficient supply of molybdenum-99 

produced without the use of highly enriched uranium available to meet the needs of patients in the United States; 

and 

‘‘(B) it is not necessary to export United States-origin 

highly enriched uranium for the purposes of medical isotope 

production in order to meet United States patient needs. 

‘‘(2) TIME OF CERTIFICATION.—The joint certification under 

paragraph (1) shall be made not later than 7 years after the 

date of enactment of the American Medical Isotopes Production 

Act of 2012, except that, if the period referred to in subsection 

c. is extended under subsection d., the 7-year deadline under 

this paragraph shall be extended by a period equal to the 

period of such extension under subsection d. 

‘‘g. SUSPENSION OF MEDICAL PRODUCTION LICENSE.—At any 

time after the restriction of export licenses provided for in subsection c. becomes effective, if there is a critical shortage in the 

supply of molybdenum-99 available to satisfy the domestic United 

States medical isotope needs, the restriction of export licenses may 

be suspended for a period of no more than 12 months, if— 

‘‘(1) the Secretary of Energy certifies to the Congress that 

the export of United States-origin highly enriched uranium 

Certification. 

Time period. 

Deadline. 

Time period. 

Extension. 

Federal Register, 

publication. 

Time period. 


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PUBLIC LAW 112–239—JAN. 2, 2013 126 STAT. 2215 

for the purposes of medical isotope production is the only effective temporary means to increase the supply of molybdenum99 necessary to meet United States medical isotope needs 

during that period; and 

‘‘(2) the Congress enacts a Joint Resolution approving the 

temporary suspension of the restriction of export licenses. 

‘‘h. DEFINITIONS.—As used in this section— 

‘‘(1) the term ‘alternative nuclear reactor fuel or target’ 

means a nuclear reactor fuel or target which is enriched to 

less than 20 percent in the isotope U–235; 

‘‘(2) the term ‘highly enriched uranium’ means uranium 

enriched to 20 percent or more in the isotope U–235; 

‘‘(3) a fuel or target ‘can be used’ in a nuclear research 

or test reactor if— 

‘‘(A) the fuel or target has been qualified by the 

Reduced Enrichment Research and Test Reactor Program 

of the Department of Energy; and 

‘‘(B) use of the fuel or target will permit the large 

majority of ongoing and planned experiments and medical 

isotope production to be conducted in the reactor without 

a large percentage increase in the total cost of operating 

the reactor; and 

‘‘(4) the term ‘medical isotope’ includes molybdenum-99, 

iodine-131, xenon-133, and other radioactive materials used 

to produce a radiopharmaceutical for diagnostic or therapeutic 

procedures or for research and development.’’. 

SEC. 3175. REPORT ON DISPOSITION OF EXPORTS. 

Not later than 1 year after the date of the enactment of this 

Act, the Chairman of the Nuclear Regulatory Commission, after 

consulting with other relevant agencies, shall submit to the Congress a report detailing the current disposition of previous United 

States exports of highly enriched uranium used as fuel or targets 

in a nuclear research or test reactor, including— 

(1) their location; 

(2) whether they are irradiated; 

(3) whether they have been used for the purpose stated 

in their export license; 

(4) whether they have been used for an alternative purpose 

and, if so, whether such alternative purpose has been explicitly 

approved by the Commission; 

(5) the year of export, and reimportation, if applicable; 

(6) their current physical and chemical forms; and 

(7) whether they are being stored in a manner which adequately protects against theft and unauthorized access. 

SEC. 3176. DOMESTIC MEDICAL ISOTOPE PRODUCTION. 

(a) IN GENERAL.—Chapter 10 of the Atomic Energy Act of 

1954 (42 U.S.C. 2131 et seq.) is amended by adding at the end 

the following: 

‘‘a. The Commission may issue a license, or grant an amendment to an existing license, for the use in the United States of 

highly enriched uranium as a target for medical isotope production 

in a nuclear reactor, only if, in addition to any other requirement 

of this Act— 

‘‘(1) the Commission determines that— 

‘‘(A) there is no alternative medical isotope production 

target that can be used in that reactor; and 

Determination. 

42 USC 2142. 


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126 STAT. 2216 PUBLIC LAW 112–239—JAN. 2, 2013 

‘‘(B) the proposed recipient of the medical isotope 

production target has provided assurances that, whenever 

an alternative medical isotope production target can be 

used in that reactor, it will use that alternative in lieu 

of highly enriched uranium; and 

‘‘(2) the Secretary of Energy has certified that the United 

States Government is actively supporting the development of 

an alternative medical isotope production target that can be 

used in that reactor. 

‘‘b. As used in this section— 

‘‘(1) the term ‘alternative medical isotope production target’ 

means a nuclear reactor target which is enriched to less than 

20 percent of the isotope U–235; 

‘‘(2) a target ‘can be used’ in a nuclear research or test 

reactor if— 

‘‘(A) the target has been qualified by the Reduced 

Enrichment Research and Test Reactor Program of the 

Department of Energy; and 

‘‘(B) use of the target will permit the large majority 

of ongoing and planned experiments and medical isotope 

production to be conducted in the reactor without a large 

percentage increase in the total cost of operating the 

reactor; 

‘‘(3) the term ‘highly enriched uranium’ means uranium 

enriched to 20 percent or more in the isotope U–235; and 

‘‘(4) the term ‘medical isotope’ includes molybdenum-99, 

iodine-131, xenon-133, and other radioactive materials used 

to produce a radiopharmaceutical for diagnostic or therapeutic 

procedures or for research and development.’’. 

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

Energy Act of 1954 is amended by inserting the following new 

item at the end of the items relating to chapter 10 of title I: 

‘‘Sec. 112. Domestic medical isotope production.’’. 

SEC. 3177. ANNUAL DEPARTMENT REPORTS. 

(a) IN GENERAL.—Not later than 1 year after the date of enactment of this Act, and annually thereafter for 5 years, the Secretary 

shall report to Congress on Department actions to support the 

production in the United States, without the use of highly enriched 

uranium, of molybdenum-99 for medical uses. 

(b) CONTENTS.—The reports shall include the following: 

(1) For medical isotope development projects— 

(A) the names of any recipients of Department support 

under section 3173; 

(B) the amount of Department funding committed to 

each project; 

(C) the milestones expected to be reached for each 

project during the year for which support is provided; 

(D) how each project is expected to support the 

increased production of molybdenum-99 for medical uses; 

(E) the findings of the evaluation of projects under 

section 3173(a)(2); and 

(F) the ultimate use of any Department funds used 

to support projects under section 3173. 

(2) A description of actions taken in the previous year 

by the Secretary to ensure the safe disposition of spent nuclear 

Definitions. 

Certification. 


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PUBLIC LAW 112–239—JAN. 2, 2013 126 STAT. 2217 

fuel and radioactive waste for which the Department is responsible under section 3173(c). 

SEC. 3178. NATIONAL ACADEMY OF SCIENCES REPORT. 

(a) IN GENERAL.—The Secretary shall enter into an arrangement with the National Academy of Sciences to conduct a study 

of the state of molybdenum-99 production and utilization, to be 

provided to Congress not later than 5 years after the date of 

enactment of this Act. 

(b) CONTENTS.—The report shall include the following: 

(1) For molybdenum-99 production— 

(A) a list of all facilities in the world producing molybdenum-99 for medical uses, including an indication of 

whether these facilities use highly enriched uranium in 

any way; 

(B) a review of international production of molybdenum-99 over the previous 5 years, including— 

(i) whether any new production was brought 

online; 

(ii) whether any facilities halted production 

unexpectedly; and 

(iii) whether any facilities used for production were 

decommissioned or otherwise permanently removed 

from service; and 

(C) an assessment of progress made in the previous 

5 years toward establishing domestic production of molybdenum-99 for medical uses, including the extent to which 

other medical isotopes that have been produced with molybdenum-99, such as iodine-131 and xenon-133, are being 

used for medical purposes. 

(2) An assessment of the progress made by the Department 

and others to eliminate all worldwide use of highly enriched 

uranium in reactor fuel, reactor targets, and medical isotope 

production facilities. 

TITLE XXXII—DEFENSE NUCLEAR 

FACILITIES SAFETY BOARD 

Sec. 3201. Authorization. 

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

SEC. 3201. AUTHORIZATION. 

There are authorized to be appropriated for fiscal year 2013, 

$29,415,000 for the operation of the Defense Nuclear Facilities 

Safety Board under chapter 21 of the Atomic Energy Act of 1954 

(42 U.S.C. 2286 et seq.). 

SEC. 3202. IMPROVEMENTS TO THE DEFENSE NUCLEAR FACILITIES 

SAFETY BOARD. 

(a) ESTABLISHMENT.—Section 311 of the Atomic Energy Act 

of 1954 (42 U.S.C. 2286) is amended— 

(1) in subsection (b), by striking paragraph (4); 

(2) in subsection (c)— 

(A) in the heading, by striking ‘‘AND VICE CHAIRMAN’’ 

and inserting ‘‘, VICE CHAIRMAN, AND MEMBERS’’; 


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126 STAT. 2218 PUBLIC LAW 112–239—JAN. 2, 2013 

(B) in paragraph (2), by striking ‘‘The Chairman’’ and 

inserting ‘‘In accordance with paragraph (5), the Chairman’’; and 

(C) by adding at the end the following new paragraph: 

‘‘(5) Each member of the Board, including the Chairman and 

Vice Chairman, shall— 

‘‘(A) have equal responsibility and authority in establishing 

decisions and determining actions of the Board; 

‘‘(B) have full access to all information relating to the 

performance of the Board’s functions, powers, and mission; 

and 

‘‘(C) have one vote.’’. 

(b) MISSION AND FUNCTIONS.— (1) IN GENERAL.—Section 312 of the Atomic Energy Act 

of 1954 (42 U.S.C. 2286a) is amended— 

(A) in the heading, by inserting ‘‘MISSION AND’’ before ‘‘FUNCTIONS’’; 

(B) by redesignating subsections (a) and (b) as subsections (b) and (c), respectively; 

(C) by inserting before subsection (b), as redesignated 

by subparagraph (B), the following new subsection (a): 

‘‘(a) MISSION.—The mission of the Board shall be to provide 

independent analysis, advice, and recommendations to the Secretary 

of Energy to inform the Secretary, in the role of the Secretary 

as operator and regulator of the defense nuclear facilities of the 

Department of Energy, in providing adequate protection of public 

health and safety at such defense nuclear facilities.’’; and 

(D) in subsection (b), as so redesignated— 

(i) in the heading, by striking ‘‘IN GENERAL’’ and 

inserting ‘‘FUNCTIONS’’; and 

(ii) in paragraph (5), by inserting ‘‘, and specifically 

assess risk (whenever sufficient data exists),’’ after 

‘‘shall consider’’. 

(2) CLERICAL AMENDMENT.—The table of contents for the 

Atomic Energy Act of 1954 is amended by striking the item 

relating to section 312 and inserting the following new item: 

‘‘Sec. 312. Mission and functions of the Board.’’. 

(c) BOARD RECOMMENDATIONS.— 

(1) IN GENERAL.—Section 315 of the Atomic Energy Act 

of 1954 (42 U.S.C. 2286d) is amended— 

(A) by redesignating subsections (a) through (h) as 

subsections (b) through (i), respectively; 

(B) by inserting before subsection (b), as redesignated 

by subparagraph (A), the following new subsection: 

‘‘(a) SUBMISSION OF RECOMMENDATIONS.—(1) Subject to subsections (h) and (i), not later than 30 days before the date on 

which the Board transmits a recommendation to the Secretary 

of Energy under section 312, the Board shall transmit to the Secretary in writing a draft of such recommendation and any related 

findings, supporting data, and analyses to ensure the Secretary 

is adequately informed of a formal recommendation and to provide 

the Secretary an opportunity to provide input to the Board before 

such recommendation is finalized. 

‘‘(2) The Secretary may provide to the Board comments on 

a draft recommendation transmitted by the Board under paragraph 

(1) by not later than 30 days after the date on which the Secretary 

Deadlines. 


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PUBLIC LAW 112–239—JAN. 2, 2013 126 STAT. 2219 

receives the draft recommendation. The Board may grant, upon 

request by the Secretary, additional time for the Secretary to 

transmit comments to the Board. 

‘‘(3) After the period of time in which the Secretary may provide 

comments under paragraph (2) elapses, the Board may transmit 

a final recommendation to the Secretary.’’; and 

(C) by amending subsection (b), as so redesignated, 

to read as follows: 

‘‘(b) PUBLIC AVAILABILITY AND COMMENT.—Subject to subsections (h) and (i), after the Secretary of Energy receives a recommendation from the Board under subsection (a)(3), the Board 

shall promptly make available to the public such recommendation 

and any related correspondence from the Secretary by— 

‘‘(1) providing such recommendation and correspondence 

to the public in the regional public reading rooms of the Department of Energy; and 

‘‘(2) publishing in the Federal Register— 

‘‘(A) such recommendation and correspondence; and 

‘‘(B) a request for the submission to the Board of public 

comments on such recommendation that provides 

interested persons with 30 days after the date of the 

publication in which to submit comments, data, views, or 

arguments to the Board concerning the recommendation.’’. 

(2) TECHNICAL AND CONFORMING AMENDMENTS.—Such section 315 is further amended— 

(A) in subsection (c), as redesignated by paragraph 

(1)(A)— 

(i) in paragraph (1), by striking ‘‘subsection (a)’’ 

and inserting ‘‘subsection (b)’’; and 

(ii) in paragraph (2), by striking ‘‘subsection (h)’’ 

and inserting ‘‘subsection (i)’’; 

(B) in subsection (d), as so redesignated, by striking 

‘‘subsection (a) or (b)’’ and inserting ‘‘subsection (b) or (c)’’; 

(C) in subsection (e), as so redesignated— 

(i) by striking ‘‘subsection (b)(1)’’ and inserting 

‘‘subsection (c)(1)’’; and 

(ii) by striking ‘‘subsection (h)’’ and inserting ‘‘subsection (i)’’; 

(D) in subsection (g), as so redesignated— 

(i) in paragraph (1), as so redesignated, by striking 

‘‘subsection (e)’’ and inserting ‘‘subsection (f)’’; and 

(ii) in paragraph (2), by striking ‘‘, to the Committees on Armed Services and on Appropriations of the 

Senate, and to the Speaker of the House of Representatives’’ and inserting ‘‘and to such committees’’; 

(E) in subsection (h), as so redesignated— 

(i) in paragraph (1), as so redesignated, by striking 

‘‘through (d)’’ and inserting ‘‘through (e)’’; and 

(ii) in paragraph (3), by striking ‘‘and the Speaker’’; 

and 

(F) by striking ‘‘Committees on Armed Services and 

on Appropriations of the Senate and to the Speaker of 

the House of Representatives’’ each place it appears and 

inserting ‘‘Committees on Armed Services, Appropriations, 

and Energy and Commerce of the House of Representatives 

and the Committees on Armed Services, Appropriations, 

and Energy and Natural Resources of the Senate’’. 

Federal Register, 

publication. 


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126 STAT. 2220 PUBLIC LAW 112–239—JAN. 2, 2013 

(d) REPORTS.—Section 316 of the Atomic Energy Act of 1954 

(42 U.S.C. 2286e) is amended by striking ‘‘Committees on Armed 

Services and on Appropriations of the Senate and to the Speaker 

of the House of Representatives’’ each place it appears and inserting 

‘‘Committees on Armed Services, Appropriations, and Energy and 

Commerce of the House of Representatives and the Committees 

on Armed Services, Appropriations, and Energy and Natural 

Resources of the Senate’’. 

(e) INFORMATION TO CONGRESS.—Section 320 of the Atomic 

Energy Act of 1954 (42 U.S.C. 2286h–1) is amended— 

(1) by striking ‘‘submitted to the Congress’’ and inserting 

‘‘submitted to the Committees on Armed Services, Appropriations, and Energy and Commerce of the House of Representatives and the Committees on Armed Services, Appropriations, 

and Energy and Natural Resources of the Senate’’; and 

(2) by striking ‘‘the Congress.’’ and inserting ‘‘such committees.’’. 

(f) INSPECTOR GENERAL.— 

(1) IN GENERAL.—Chapter 21 of the Atomic Energy Act 

of 1954 (42 U.S.C. 2286 et seq.) is amended by adding at 

the end the following new section: 

‘‘SEC. 322. INSPECTOR GENERAL. 

‘‘(a) IN GENERAL.—Not later than October 1, 2013, the Board 

shall enter into an agreement with an agency of the Federal Government to procure the services of the Inspector General of such 

agency for the Board, in accordance with the Inspector General 

Act of 1978 (5 U.S.C. App.). Such Inspector General shall have 

expertise relating to the mission of the Board. 

‘‘(b) BUDGET.—In the budget materials submitted to the President by the Board in connection with the submission to Congress, 

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

budget for each fiscal year, the Board shall ensure that a separate, 

dedicated procurement line item is designated for the services of 

an Inspector General under subsection (a).’’. 

(2) CLERICAL AMENDMENT.—The table of contents for the 

Atomic Energy Act of 1954 is amended by inserting after the 

item relating to section 321 the following new item: 

‘‘Sec. 322. Inspector General.’’. 

(g) TECHNICAL AMENDMENT.—Section 313(j)(2) of the Atomic 

Energy Act of 1954 (42 U.S.C. 2286b) is amended by striking 

‘‘section’’ and all that follows through ‘‘implementation’’ and 

inserting ‘‘section 312(b)(1), the implementation’’. 

(h) SAFETY STANDARDS.—Nothing in this section or in the 

amendments made by this section shall be construed to cause 

a reduction in nuclear safety standards. 

TITLE XXXIV—NAVAL PETROLEUM 

RESERVES 

Sec. 3401. Authorization of appropriations. 

SEC. 3401. AUTHORIZATION OF APPROPRIATIONS. 

(a) AMOUNT.—There are hereby authorized to be appropriated 

to the Secretary of Energy $14,909,000 for fiscal year 2013 for 

42 USC 2286 

note. 

Deadline. 

Contracts. 

42 USC 2286k. 


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PUBLIC LAW 112–239—JAN. 2, 2013 126 STAT. 2221 

the purpose of carrying out activities under chapter 641 of title 

10, United States Code, relating to the naval petroleum reserves. 

(b) PERIOD OF AVAILABILITY.—Funds appropriated pursuant to 

the authorization of appropriations in subsection (a) shall remain 

available until expended. 

TITLE XXXV—MARITIME 

ADMINISTRATION 

Sec. 3501. Authorization of appropriations for national security aspects of the merchant marine for fiscal year 2013. Sec. 3502. Application of the Federal Acquisition Regulation. 

Sec. 3503. Limitation of National Defense Reserve Fleet vessels to those over 1,500 

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

Sec. 3505. Clarification of heading. 

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

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

Sec. 3508. Extension of Maritime Security Fleet program. 

Sec. 3509. Container-on-barge transportation. 

Sec. 3510. Short sea transportation. 

Sec. 3511. Maritime environmental and technical assistance. 

Sec. 3512. Identification of actions to enable qualified United States flag capacity 

to meet national defense requirements. Sec. 3513. Maritime workforce study. 

Sec. 3514. Maritime administration vessel recycling contract award practices. 

Sec. 3515. Requirement for barge design. 

Sec. 3516. Eligibility to receive surplus training equipment. 

Sec. 3517. Coordination with other laws. 

SEC. 3501. AUTHORIZATION OF APPROPRIATIONS FOR NATIONAL 

SECURITY ASPECTS OF THE MERCHANT MARINE FOR 

FISCAL YEAR 2013. 

Funds are hereby authorized to be appropriated for fiscal year 

2013, to be available without fiscal year limitation if so provided 

in appropriations Acts, for the use of the Department of Transportation for Maritime Administration programs associated with 

maintaining national security aspects of the merchant marine, as 

follows: 

(1) For expenses necessary for operations of the United 

States Merchant Marine Academy, $77,253,000, of which— 

(A) $67,253,000 shall remain available until expended 

for Academy operations; and 

(B) $10,000,000 shall remain available until expended 

for capital asset management at the Academy. 

(2) For expenses necessary to support the State maritime 

academies, $16,045,000, of which— 

(A) $2,400,000 shall remain available until expended 

for student incentive payments; 

(B) $2,545,000 shall remain available until expended 

for direct payments to such academies; and 

(C) $11,100,000 shall remain available until expended 

for maintenance and repair of State maritime academy 

training vessels. 

(3) For expenses necessary to dispose of vessels in the 

National Defense Reserve Fleet, $12,717,000, to remain available until expended. 

(4) For expenses to maintain and preserve a United Statesflag merchant marine to serve the national security needs 

of the United States under chapter 531 of title 46, United 

States Code, $186,000,000. 


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126 STAT. 2222 PUBLIC LAW 112–239—JAN. 2, 2013 

(5) For the cost (as defined in section 502(5) of the Federal 

Credit Reform Act of 1990 (2 U.S.C. 661a(5)) of loan guarantees 

under the program authorized by chapter 537 of title 46, United 

States Code, $3,750,000, all of which shall remain available 

until expended for administrative expenses of the program. 

SEC. 3502. APPLICATION OF THE FEDERAL ACQUISITION REGULATION. 

Section 3502(b) of the Floyd D. Spence National Defense 

Authorization Act for Fiscal Year 2001, as enacted into law by 

Public Law 106–398 (114 Stat. 1654A–490), is amended by striking 

‘‘the enactment of this Act’’ and inserting ‘‘contract award’’. 

SEC. 3503. LIMITATION OF NATIONAL DEFENSE RESERVE FLEET VESSELS TO THOSE OVER 1,500 GROSS TONS. 

Section 57101(a) of title 46, United States Code, is amended 

by inserting ‘‘of 1,500 gross tons or more or such other vessels 

as the Secretary of Transportation shall determine are appropriate’’ 

after ‘‘Administration’’. 

SEC. 3504. DONATION OF EXCESS FUEL TO MARITIME ACADEMIES. 

Section 51103(b) of title 46, United States Code, is amended 

by striking so much as precedes paragraph (2) and inserting the 

following: 

‘‘(b) PROPERTY FOR INSTRUCTIONAL PURPOSES.— 

‘‘(1) IN GENERAL.—The Secretary of Transportation may 

cooperate with and assist the institutions named in paragraph 

(2) by making vessels, fuel, shipboard equipment, and other 

marine equipment, owned by the United States Government 

and determined by the entity having custody and control of 

such property to be excess or surplus, available to those institutions for instructional purposes, by gift, loan, sale, lease, or 

charter on terms and conditions the Secretary considers appropriate. The consent of the Secretary of the Navy shall be 

obtained with respect to any property from National Defense 

Reserve Fleet vessels (50 U.S.C. App. 1744) where such vessels 

are either Ready Reserve Force vessels or other National 

Defense Reserve Fleet vessels determined to be of sufficient 

value to the Navy to warrant their further preservation and 

retention.’’. 

SEC. 3505. CLARIFICATION OF HEADING. 

(a) IN GENERAL.—The section designation and heading for section 57103 of title 46, United States Code, is amended to read 

as follows: 

‘‘§ 57103. Donation of nonretention vessels in the National 

Defense Reserve Fleet’’. 

(b) CLERICAL AMENDMENT.—The analysis for chapter 571 of 

title 46, United States Code, is amended by striking the item 

relating to section 57103 and inserting the following: 

‘‘57103. Donation of nonretention vessels in the National Defense Reserve Fleet.’’. 

SEC. 3506. TRANSFER OF VESSELS TO THE NATIONAL DEFENSE 

RESERVE FLEET. 

Section 57101 of title 46, United States Code, is amended 

by adding at the end the following: 

‘‘(c) AUTHORITY OF FEDERAL ENTITIES TO TRANSFER VESSELS.— 

All Federal entities are authorized to transfer vessels to the 

16 USC 5405 

note. 


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PUBLIC LAW 112–239—JAN. 2, 2013 126 STAT. 2223 

National Defense Reserve Fleet without reimbursement subject to 

the approval of the Secretary of Transportation and the Secretary 

of the Navy with respect to Ready Reserve Force vessels and the 

Secretary of Transportation with respect to all other vessels.’’. 

SEC. 3507. AMENDMENTS RELATING TO THE NATIONAL DEFENSE 

RESERVE FLEET. 

Subparagraphs (B), (C), and (D) of section 11(c)(1) of the Merchant Ship Sales Act of 1946 (50 U.S.C. App. 1744(c)(1)) are 

amended to read as follows: 

‘‘(B) activate and conduct sea trials on each vessel 

at a frequency that is deemed necessary; 

‘‘(C) maintain and adequately crew, as necessary, in 

an enhanced readiness status those vessels that are scheduled to be activated in 5 or less days; 

‘‘(D) locate those vessels that are scheduled to be activated near embarkation ports specified for those vessels; 

and’’. 

SEC. 3508. EXTENSION OF MARITIME SECURITY FLEET PROGRAM. 

(a) DEFINITIONS.—Section 53101 of title 46, United States Code, 

is amended— 

(1) by amending paragraph (4) to read as follows: 

‘‘(4) FOREIGN COMMERCE.—The term ‘foreign commerce’ 

means— 

‘‘(A) commerce or trade between the United States, 

its territories or possessions, or the District of Columbia, 

and a foreign country; and 

‘‘(B) commerce or trade between foreign countries.’’; 

(2) by striking paragraph (5); 

(3) by redesignating paragraphs (6) through (13) as paragraphs (5) through (12), respectively; and 

(4) by amending paragraph (5), as so redesignated, to read 

as follows: 

‘‘(5) PARTICIPATING FLEET VESSEL.—The term ‘participating 

fleet vessel’ means any vessel that— 

‘‘(A) on October 1, 2015— 

‘‘(i) meets the requirements of paragraph (1), (2), 

(3), or (4) of section 53102(c); and 

‘‘(ii) is less than 20 years of age if the vessel 

is a tank vessel, or is less than 25 years of age for 

all other vessel types; and 

‘‘(B) on December 31, 2014, is covered by an operating 

agreement under this chapter.’’. 

(b) VESSEL ELIGIBILITY.—Section 53102(b) of such title is 

amended to read as follows: 

‘‘(b) VESSEL ELIGIBILITY.—A vessel is eligible to be included 

in the Fleet if— 

‘‘(1) the vessel meets the requirements of paragraph (1), 

(2), (3), or (4) of subsection (c); 

‘‘(2) the vessel is operated (or in the case of a vessel 

to be constructed, will be operated) in providing transportation 

in foreign commerce; 

‘‘(3) the vessel is self-propelled and— 

‘‘(A) is a tank vessel that is 10 years of age or less 

on the date the vessel is included in the Fleet; or 

‘‘(B) is any other type of vessel that is 15 years of 

age or less on the date the vessel is included in the Fleet; 

Effective dates. 


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126 STAT. 2224 PUBLIC LAW 112–239—JAN. 2, 2013 

‘‘(4) the vessel— 

‘‘(A) is suitable for use by the United States for national 

defense or military purposes in time of war or national 

emergency, as determined by the Secretary of Defense; 

and 

‘‘(B) is commercially viable, as determined by the Secretary; and 

‘‘(5) the vessel— 

‘‘(A) is a United States-documented vessel; or 

‘‘(B) is not a United States-documented vessel, but— 

‘‘(i) the owner of the vessel has demonstrated an 

intent to have the vessel documented under chapter 

121 of this title if it is included in the Fleet; and 

‘‘(ii) at the time an operating agreement for the 

vessel is entered into under this chapter, the vessel 

is eligible for documentation under chapter 121 of this 

title.’’. 

(c) OPERATING AGREEMENTS.—Section 53103 of such title is 

amended— 

(1) by amending subsection (b) to read as follows: 

‘‘(b) EXTENSION OF EXISTING OPERATING AGREEMENTS.— 

‘‘(1) OFFER TO EXTEND.—Not later than 60 days after the 

date of enactment of this paragraph, the Secretary shall offer, 

to an existing contractor, to extend, through September 30, 

2025, an operating agreement that is in existence on the date 

of enactment of this paragraph. The terms and conditions of 

the extended operating agreement shall include terms and 

conditions authorized under this chapter, as amended from 

time to time. 

‘‘(2) TIME LIMIT.—An existing contractor shall have not 

later than 120 days after the date the Secretary offers to 

extend an operating agreement to agree to the extended operating agreement. 

‘‘(3) SUBSEQUENT AWARD.—The Secretary may award an 

operating agreement to an applicant that is eligible to enter 

into an operating agreement for fiscal years 2016 through 2025 

if the existing contractor does not agree to the extended operating agreement under paragraph (2).’’; and 

(2) by amending subsection (c) to read as follows: 

‘‘(c) PROCEDURE FOR AWARDING NEW OPERATING AGREEMENTS.—The Secretary may enter into a new operating agreement 

with an applicant that meets the requirements of section 53102(c) 

(for vessels that meet the qualifications of section 53102(b)) on 

the basis of priority for vessel type established by military requirements of the Secretary of Defense. The Secretary shall allow an 

applicant at least 30 days to submit an application for a new 

operating agreement. After consideration of military requirements, 

priority shall be given to an applicant that is a United States 

citizen under section 50501 of this title. The Secretary may not 

approve an application without the consent of the Secretary of 

Defense. The Secretary shall enter into an operating agreement 

with the applicant or provide a written reason for denying the 

application.’’. 

(d) REPEAL OF EARLY TERMINATION BY CONTRACTOR.—Section 

53104 of such title is amended— 

(1) in subsection (c), by striking paragraph (3); and 

Time period. 

Deadlines. 


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PUBLIC LAW 112–239—JAN. 2, 2013 126 STAT. 2225 

(2) in subsection (e), by striking ‘‘an operating agreement 

under this chapter is terminated under subsection (c)(3), or 

if’’. 

(e) TRANSFER OF OPERATING AGREEMENTS.—Section 53105 of 

such title is amended— 

(1) by amending subsection (e) to read as follows: 

‘‘(e) TRANSFER OF OPERATING AGREEMENTS.—A contractor under 

an operating agreement may transfer the agreement (including 

all rights and obligations under the operating agreement) to any 

person that is eligible to enter into the operating agreement under 

this chapter if the Secretary and the Secretary of Defense determine 

that the transfer is in the best interests of the United States. 

A transaction shall not be considered a transfer of an operating 

agreement if the same legal entity with the same vessels remains 

the contracting party under the operating agreement.’’; and 

(2) by amending subsection (f) to read as follows: 

‘‘(f) REPLACEMENT VESSELS.—A contractor may replace a vessel 

under an operating agreement with another vessel that is eligible 

to be included in the Fleet under section 53102(b), if the Secretary, 

in conjunction with the Secretary of Defense, approves the replacement of the vessel.’’. 

(f) PAYMENTS.—Section 53106 of such title is amended— 

(1) in subsection (a)(1), by striking ‘‘and’’ after the semicolon 

at the end of subparagraph (B), and by striking subparagraph 

(C) and inserting the following: 

‘‘(C) $3,100,000 for each of fiscal years 2012, 2013, 

2014, 2015, 2016, 2017, and 2018; 

‘‘(D) $3,500,000 for each of fiscal years 2019, 2020, 

and 2021; and 

‘‘(E) $3,700,000 for each of fiscal years 2022, 2023, 

2024, and 2025.’’; 

(2) in subsection (c)(3)(C), by striking ‘‘a LASH vessel.’’ 

and inserting ‘‘a lighter aboard ship vessel.’’; and 

(3) by striking subsection (f). 

(g) EMERGENCY PREPAREDNESS AGREEMENTS.—Section 

53107(b)(1) of such title is amended to read as follows: 

‘‘(1) IN GENERAL.—An Emergency Preparedness Agreement 

under this section shall require that a contractor for a vessel 

covered by an operating agreement under this chapter shall 

make commercial transportation resources (including services) 

available, upon request by the Secretary of Defense during 

a time of war or national emergency, or whenever the Secretary 

of Defense determines that it is necessary for national security 

or contingency operation (as that term is defined in section 

101 of title 10, United States Code).’’. 

(h) REPEAL OF WAIVER OF AGE RESTRICTION.—Section 53109 

of such title is repealed. 

(i) AUTHORIZATION OF APPROPRIATIONS.—Section 53111 of such 

title is amended— 

(1) by striking ‘‘and’’ at the end of paragraph (2); and 

(2) by amending paragraph (3) to read as follows: 

‘‘(3) $186,000,000 for each of fiscal years 2012, 2013, 2014, 

2015, 2016, 2017, and 2018; 

‘‘(4) $210,000,000 for each of fiscal years 2019, 2020, and 

2021; and 

‘‘(5) $222,000,000 for each fiscal year thereafter through 

fiscal year 2025.’’. 

Determination. 


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126 STAT. 2226 PUBLIC LAW 112–239—JAN. 2, 2013 

(j) EFFECTIVE DATE OF AMENDMENTS.—The amendments made 

by— 

(1) paragraphs (2), (3), and (4) of subsection (a) take effect 

on December 31, 2014; and 

(2) subsection (f)(2) take effect on December 31, 2014. 

SEC. 3509. CONTAINER-ON-BARGE TRANSPORTATION. 

(a) ASSESSMENT.—The Maritime Administrator shall assess the 

potential for using container-on-barge transportation in short sea 

transportation (as such term is defined in section 55605 of title 

46, United States Code). 

(b) FACTORS.—In conducting the assessment under subsection 

(a), the Administrator shall consider— 

(1) the environmental benefits of increasing container-onbarge movements in short sea transportation; 

(2) the regional differences in the use of short sea transportation; 

(3) the existing programs established at coastal and Great 

Lakes ports for establishing awareness of deep sea shipping 

operations; 

(4) the mechanisms necessary to ensure that implementation of a plan under subsection (c) will not be inconsistent 

with antitrust laws; and 

(5) the potential frequency of container-on-barge service 

at short sea transportation ports. 

(c) RECOMMENDATIONS.—The assessment under subsection (a) 

may include recommendations for a plan to increase awareness 

of the potential for use of container-on-barge transportation. 

(d) DEADLINE.—Not later than 180 days after the date of enactment of this title, the Administrator shall submit the assessment 

required under this section to the Committee on Commerce, Science, 

and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives. 

SEC. 3510. SHORT SEA TRANSPORTATION. 

(a) PURPOSE.—Section 55601 of title 46, United States Code, 

is amended— 

(1) in subsection (a), by striking ‘‘landside congestion.’’ and 

inserting ‘‘landside congestion or to promote short sea transportation.’’; 

(2) in subsection (c), by striking ‘‘coastal corridors’’ and 

inserting ‘‘coastal corridors or to promote short sea transportation’’; 

(3) in subsection (d), by striking ‘‘that the project may’’ 

and all that follows through the end of the subsection and 

inserting ‘‘that the project uses documented vessels and— 

‘‘(1) mitigates landside congestion; or 

‘‘(2) promotes short sea transportation.’’; and 

(4) in subsection (f), by striking ‘‘shall’’ each place it appears 

and inserting ‘‘may’’. 

(b) DOCUMENTATION.—Section 55605 of title 46, United States 

Code, is amended in the matter preceding paragraph (1) by striking 

‘‘by vessel’’ and inserting ‘‘by a documented vessel’’. 

SEC. 3511. MARITIME ENVIRONMENTAL AND TECHNICAL ASSISTANCE. 

(a) IN GENERAL.—Chapter 503 of title 46, United States Code, 

is amended by adding at the end the following: 

46 USC 53101 

note. 


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‘‘§ 50307. Maritime environmental and technical assistance 

‘‘(a) IN GENERAL.—The Secretary of Transportation may engage 

in the environmental study, research, development, assessment, 

and deployment of emerging marine technologies and practices 

related to the marine transportation system through the use of 

public vessels under the control of the Maritime Administration 

or private vessels under United States registry, and through partnerships and cooperative efforts with academic, public, private, 

and non-governmental entities and facilities. 

‘‘(b) REQUIREMENTS.—The Secretary of Transportation may— 

‘‘(1) identify, study, evaluate, test, demonstrate, or improve 

emerging marine technologies and practices that are likely 

to achieve environmental improvements by— 

‘‘(A) reducing air emissions, water emissions, or other 

ship discharges; 

‘‘(B) increasing fuel economy or the use of alternative 

fuels and alternative energy (including the use of shore 

power); or 

‘‘(C) controlling aquatic invasive species; and 

‘‘(2) coordinate with the Environmental Protection Agency, 

the United States Coast Guard, and other Federal, State, local, 

or tribal agencies, as appropriate. 

‘‘(c) COORDINATION.—Coordination under subsection (b)(2) may 

include— 

‘‘(1) activities that are associated with the development 

or approval of validation and testing regimes; and 

‘‘(2) certification or validation of emerging technologies or 

practices that demonstrate significant environmental benefits. 

‘‘(d) ASSISTANCE.—The Secretary of Transportation may accept 

gifts, or enter into cooperative agreements, contracts, or other agreements with academic, public, private, and non-governmental entities 

to carry out the activities authorized under subsection (a).’’. 

(b) CONFORMING AMENDMENT.—The table of contents for 

chapter 503 of title 46, United States Code, is amended by inserting 

after the item relating to section 50306 the following: 

‘‘50307. Maritime environmental and technical assistance.’’. 

SEC. 3512. IDENTIFICATION OF ACTIONS TO ENABLE QUALIFIED 

UNITED STATES FLAG CAPACITY TO MEET NATIONAL 

DEFENSE REQUIREMENTS. 

Section 501(b) of title 46, United States Code, is amended— 

(1) by striking ‘‘When the head’’ and inserting the following: 

‘‘(1) IN GENERAL.—When the head’’; and 

(2) by adding at the end the following: 

‘‘(2) DETERMINATIONS.—The Maritime Administrator 

shall— 

‘‘(A) for each determination referred to in paragraph 

(1), identify any actions that could be taken to enable 

qualified United States flag capacity to meet national 

defense requirements; 

‘‘(B) provide notice of each such determination to the 

Secretary of Transportation and the head of the agency 

referred to in paragraph (1) for which the determination 

is made; and 

‘‘(C) publish each such determination on the Internet 

Web site of the Department of Transportation not later 

Web posting. 

Deadline. 

Notification. 


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126 STAT. 2228 PUBLIC LAW 112–239—JAN. 2, 2013 

than 48 hours after notice of the determination is provided 

to the Secretary of Transportation. 

‘‘(3) NOTICE TO CONGRESS.— ‘‘(A) IN GENERAL.—The head of an agency referred 

to in paragraph (1) shall notify the Committee on Transportation and Infrastructure and the Committee on Armed 

Services of the House of Representatives and the Committee on Commerce, Science, and Transportation and the 

Committee on Armed Services of the Senate— 

‘‘(i) of any request for a waiver of the navigation 

or vessel-inspection laws under this section not later 

than 48 hours after receiving such a request; and 

‘‘(ii) of the issuance of any such waiver not later 

than 48 hours after such issuance. 

‘‘(B) CONTENTS.—Such head of an agency shall include 

in each notification under subparagraph (A)(ii) an explanation of— 

‘‘(i) the reasons the waiver is necessary; and 

‘‘(ii) the reasons actions referred to in paragraph 

(2)(A) are not feasible.’’. 

SEC. 3513. MARITIME WORKFORCE STUDY. 

(a) TRAINING STUDY.—The Comptroller General of the United 

States shall conduct a study on the training needs of the maritime 

workforce. 

(b) STUDY COMPONENTS.—The study shall— 

(1) analyze the impact of maritime training requirements 

imposed by domestic and international regulations and conventions, companies, and government agencies that charter or 

operate vessels; 

(2) evaluate the ability of the United States maritime 

training infrastructure to meet the needs of the maritime 

industry; 

(3) identify trends in maritime training; 

(4) compare the training needs of United States mariners 

with the vocational training and educational assistance programs available from Federal agencies to evaluate the ability 

of Federal programs to meet the training needs of United 

States mariners; 

(5) include recommendations to enhance the capabilities 

of the United States maritime training infrastructure; and 

(6) include recommendations to assist United States mariners and those entering the maritime profession to achieve 

the required training. 

(c) FINAL REPORT.—Not later than 1 year after the date of 

enactment of this title, the Comptroller General shall submit a 

report on the results of the study to the Committee on Commerce, 

Science, and Transportation and the Committee on Armed Services 

of the Senate and the Committee on Transportation and Infrastructure and the Committee on Armed Services of the House of Representatives. 

SEC. 3514. MARITIME ADMINISTRATION VESSEL RECYCLING CONTRACT AWARD PRACTICES. 

(a) IN GENERAL.—Not later than 12 months after the date 

of enactment of this title, the Comptroller General of the United 

States shall conduct an assessment of the source selection procedures and practices used to award the Maritime Administration’s 

Deadline. 

Assessment. 

Deadlines. 


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PUBLIC LAW 112–239—JAN. 2, 2013 126 STAT. 2229 

National Defense Reserve Fleet vessel recycling contracts. The 

Comptroller General shall assess the process, procedures, and practices used for the Maritime Administration’s qualification of vessel 

recycling facilities. The Comptroller General shall report the 

findings to the Committee on Commerce, Science, and Transportation and the Committee on Armed Services of the Senate, and 

the Committee on Transportation and Infrastructure and the Committee on Armed Services of the House of Representatives. 

(b) ASSESSMENT.—The assessment under subsection (a) shall 

include a review of whether the Maritime Administration’s contract 

source selection procedures and practices are consistent with law, 

the Federal Acquisition Regulation (FAR), and Federal best practices associated with making source selection decisions. 

(c) CONSIDERATIONS.—In making the assessment under subsection (a), the Comptroller General may consider any other aspect 

of the Maritime Administration’s vessel recycling process that the 

Comptroller General deems appropriate to review. 

SEC. 3515. REQUIREMENT FOR BARGE DESIGN. 

Not later than 270 days after the date of enactment of this 

title, the Maritime Administrator shall complete the design for 

a containerized, articulated barge, as identified in the dual-use 

vessel study carried out by the Administrator and the Secretary 

of Defense, that is able to utilize roll-on/roll-off or load-on/loadoff technology in marine highway maritime commerce. 

SEC. 3516. ELIGIBILITY TO RECEIVE SURPLUS TRAINING EQUIPMENT. 

Section 51103(b)(2)(C) of title 46, United States Code, is 

amended by inserting ‘‘or a training institution that is an 

instrumentality of a State, Territory, or Commonwealth of the 

United States or District of Columbia or a unit of local government 

thereof’’ after ‘‘a nonprofit training institution’’. 

SEC. 3517. COORDINATION WITH OTHER LAWS. 

(a) EARLIER ENACTMENT OF COAST GUARD AND MARITIME

TRANSPORTATION ACT OF 2012.—If the date of the enactment of 

the Coast Guard and Maritime Transportation Act of 2012 (H.R. 

2838, 112th Congress) is before the date of the enactment of this 

Act: 

(1) Sections 3501, 3503 through 3507, and 3509 through 

3516 of this Act, and any amendments made by those sections, 

shall not go into effect. 

(2) Section 501(b)(3)(A) of title 46, United States Code 

(as added by section 301(2) of the Coast Guard and Maritime 

Transportation Act of 2012), is amended by striking ‘‘the Committee on Transportation and Infrastructure of the House of 

Representatives and the Committee on Commerce, Science, and 

Transportation of the Senate’’ and inserting ‘‘the Committee 

on Transportation and Infrastructure and the Committee on 

Armed Services of the House of Representatives and the Committee on Commerce, Science, and Transportation and the Committee on Armed Services of the Senate’’. 

(3) Section 414(c) of the Coast Guard and Maritime 

Transportation Act of 2012 is amended by striking ‘‘the Committee on Commerce, Science, and Transportation of the Senate 

and the Committee on Transportation and Infrastructure of 

the House of Representatives’’ and inserting ‘‘the Committee 

on Commerce, Science, and Transportation and the Committee 

Deadline. 

Reports. 


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126 STAT. 2230 PUBLIC LAW 112–239—JAN. 2, 2013 

on Armed Services of the Senate and the Committee on 

Transportation and Infrastructure and the Committee on 

Armed Services of the House of Representatives’’. 

(b) LATER ENACTMENT OF COAST GUARD AND MARITIME

TRANSPORTATION ACT OF 2012.—If the date of the enactment of 

the Coast Guard and Maritime Transportation Act of 2012 (H.R. 

2838, 112th Congress) is after the date of the enactment of this 

Act, sections 301, 402 through 408, 410 through 412, 414, and 

415 of such Act, and any amendments made by those sections, 

shall not go into effect. 

DIVISION D—FUNDING TABLES 

Sec. 4001. Authorization of amounts in funding tables. 

TITLE XLI—PROCUREMENT 

Sec. 4101. Procurement. 

Sec. 4102. Procurement for overseas contingency operations. 

TITLE XLII—RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

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

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

TITLE XLIII—OPERATION AND MAINTENANCE 

Sec. 4301. Operation and maintenance. 

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

TITLE XLIV—MILITARY PERSONNEL 

Sec. 4401. Military personnel. 

Sec. 4402. Military personnel for overseas contingency operations. 

TITLE XLV—OTHER AUTHORIZATIONS 

Sec. 4501. Other authorizations. 

Sec. 4502. Other authorizations for overseas contingency operations. 

TITLE XLVI—MILITARY CONSTRUCTION 

Sec. 4601. Military construction. 

Sec. 4602. Military construction for overseas contingency operations. 

TITLE XLVII—DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS 

Sec. 4701. Department of Energy National Security programs. 

SEC. 4001. AUTHORIZATION OF AMOUNTS IN FUNDING TABLES. 

(a) IN GENERAL.—Whenever a funding table in this division 

specifies a dollar amount authorized for a project, program, or 

activity, the obligation and expenditure of the specified dollar 

amount for the project, program, or activity is hereby authorized, 

subject to the availability of appropriations. 


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PUBLIC LAW 112–239—JAN. 2, 2013 126 STAT. 2231 

(b) MERIT-BASED DECISIONS.—A decision to commit, obligate, or 

expend funds with or to a specific entity on the basis of a dollar 

amount authorized pursuant to subsection (a) shall— 

(1) be based on merit-based selection procedures in accordance with the requirements of sections 2304(k) and 2374 of 

title 10, United States Code, or on competitive procedures; 

and 

(2) comply with other applicable provisions of law. 

(c) RELATIONSHIP TO TRANSFER AND PROGRAMMING

AUTHORITY.—An amount specified in the funding tables in this 

division may be transferred or reprogrammed under a transfer 

or reprogramming authority provided by another provision of this 

Act or by other law. The transfer or reprogramming of an amount 

specified in such funding tables shall not count against a ceiling 

on such transfers or reprogrammings under section 1001 or section 

1522 of this Act or any other provision of law, unless such transfer 

or reprogramming would move funds between appropriation 

accounts. 

(d) APPLICABILITY TO CLASSIFIED ANNEX.—This section applies 

to any classified annex that accompanies this Act. 

(e) ORAL AND WRITTEN COMMUNICATIONS.—No oral or written 

communication concerning any amount specified in the funding 

tables in this division shall supersede the requirements of this 

section. 

TITLE XLI—PROCUREMENT 

SEC. 4101. PROCUREMENT. 

SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2013 

Request 

Conference 

Authorized 

AIRCRAFT PROCUREMENT, ARMY 

FIXED WING 

001 UTILITY F/W AIRCRAFT ................................................................. 18,639 18,639 

003 MQ–1 UAV .......................................................................................... 518,088 518,088 

004 RQ–11 (RAVEN) ................................................................................. 25,798 25,798 

ROTARY 

006 HELICOPTER, LIGHT UTILITY (LUH) .......................................... 271,983 271,983 

007 AH–64 APACHE BLOCK IIIA REMAN ........................................... 577,115 577,115 

008 ADVANCE PROCUREMENT (CY) ............................................... 107,707 107,707 

009 AH–64 APACHE BLOCK IIIB NEW BUILD ................................... 153,993 153,993 

010 ADVANCE PROCUREMENT (CY) ............................................... 146,121 146,121 

013 UH–60 BLACKHAWK M MODEL (MYP) ........................................ 1,107,087 1,107,087 

014 ADVANCE PROCUREMENT (CY) ............................................... 115,113 115,113 

015 CH–47 HELICOPTER ........................................................................ 1,076,036 1,076,036 

016 ADVANCE PROCUREMENT (CY) ............................................... 83,346 83,346 

MODIFICATION OF AIRCRAFT 

018 MQ–1 PAYLOAD—UAS ..................................................................... 231,508 231,508 

020 GUARDRAIL MODS (MIP) ............................................................... 16,272 16,272 

021 MULTI SENSOR ABN RECON (MIP) ............................................. 4,294 4,294 

022 AH–64 MODS ..................................................................................... 178,805 178,805 

023 CH–47 CARGO HELICOPTER MODS (MYP) ................................. 39,135 39,135 

024 UTILITY/CARGO AIRPLANE MODS .............................................. 24,842 24,842 

026 UTILITY HELICOPTER MODS ....................................................... 73,804 73,804 

027 KIOWA WARRIOR MODS ................................................................ 192,484 192,484 

029 NETWORK AND MISSION PLAN ................................................... 190,789 190,789 

030 COMMS, NAV SURVEILLANCE ...................................................... 133,191 133,191 

031 GATM ROLLUP .................................................................................. 87,280 87,280 

032 RQ–7 UAV MODS .............................................................................. 104,339 104,339 

GROUND SUPPORT AVIONICS 

034 AIRCRAFT SURVIVABILITY EQUIPMENT .................................. 34,037 34,037 


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SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2013 

Request 

Conference 

Authorized 

036 CMWS .................................................................................................. 127,751 127,751 

OTHER SUPPORT 

037 AVIONICS SUPPORT EQUIPMENT ............................................... 4,886 4,886 

038 COMMON GROUND EQUIPMENT ................................................. 82,511 82,511 

039 AIRCREW INTEGRATED SYSTEMS .............................................. 77,381 77,381 

040 AIR TRAFFIC CONTROL ................................................................. 47,235 47,235 

041 INDUSTRIAL FACILITIES ............................................................... 1,643 1,643 

042 LAUNCHER, 2.75 ROCKET .............................................................. 516 516 

TOTAL AIRCRAFT PROCUREMENT, ARMY ................ 5,853,729 5,853,729 

MISSILE PROCUREMENT, ARMY 

SURFACE-TO-AIR MISSILE SYSTEM 

001 PATRIOT SYSTEM SUMMARY ....................................................... 646,590 696,590 

Additional PAC–3 missiles ......................................................... [50,000 ] 

002 MSE MISSILE .................................................................................... 12,850 12,850 

AIR-TO-SURFACE MISSILE SYSTEM 

004 HELLFIRE SYS SUMMARY ............................................................. 1,401 1,401 

ANTI-TANK/ASSAULT MISSILE SYS 

005 JAVELIN (AAWS-M) SYSTEM SUMMARY .................................... 81,121 81,121 

006 TOW 2 SYSTEM SUMMARY ............................................................ 64,712 64,712 

007 ADVANCE PROCUREMENT (CY) ............................................... 19,931 19,931 

008 GUIDED MLRS ROCKET (GMLRS) ................................................ 218,679 218,679 

009 MLRS REDUCED RANGE PRACTICE ROCKETS (RRPR) .......... 18,767 18,767 

010 HIGH MOBILITY ARTILLERY ROCKET SYSTEM ....................... 12,051 12,051 

MODIFICATIONS 

011 PATRIOT MODS ................................................................................ 199,565 199,565 

013 MLRS MODS ...................................................................................... 2,466 2,466 

014 HIMARS MODIFICATIONS .............................................................. 6,068 6,068 

SPARES AND REPAIR PARTS 

016 SPARES AND REPAIR PARTS ........................................................ 7,864 7,864 

SUPPORT EQUIPMENT & FACILITIES 

017 AIR DEFENSE TARGETS ................................................................. 3,864 3,864 

018 ITEMS LESS THAN $5 MILLION (MISSILES) .............................. 1,560 1,560 

019 PRODUCTION BASE SUPPORT ...................................................... 5,200 5,200 

TOTAL MISSILE PROCUREMENT, ARMY .................... 1,302,689 1,352,689 

PROCUREMENT OF W&TCV, ARMY 

TRACKED COMBAT VEHICLES 

001 STRYKER VEHICLE ......................................................................... 286,818 286,818 

MODIFICATION OF TRACKED COMBAT VEHICLES 

003 STRYKER (MOD) ............................................................................... 60,881 60,881 

004 FIST VEHICLE (MOD) ...................................................................... 57,257 57,257 

005 BRADLEY PROGRAM (MOD) .......................................................... 148,193 288,193 

Program increase ......................................................................... [140,000 ] 

006 HOWITZER, MED SP FT 155MM M109A6 (MOD) ........................ 10,341 10,341 

007 PALADIN PIM MOD IN SERVICE .................................................. 206,101 206,101 

008 IMPROVED RECOVERY VEHICLE (M88A2 HERCULES) ........... 107,909 169,909 

Program increase ......................................................................... [62,000 ] 

009 ASSAULT BREACHER VEHICLE ................................................... 50,039 50,039 

010 M88 FOV MODS ................................................................................. 29,930 29,930 

011 M1 ABRAMS TANK (MOD) .............................................................. 129,090 129,090 

012 ABRAMS UPGRADE PROGRAM ..................................................... 74,433 210,433 

Program increase ......................................................................... [136,000 ] 

SUPPORT EQUIPMENT & FACILITIES 

013 PRODUCTION BASE SUPPORT (TCV-WTCV) .............................. 1,145 1,145 

WEAPONS & OTHER COMBAT VEHICLES 

014 INTEGRATED AIR BURST WEAPON SYSTEM FAMILY ............ 506 506 

017 LIGHTWEIGHT .50 CALIBER MACHINE GUN ............................ 25,183 0 

Program termination ................................................................... [–25,183 ] 

019 MORTAR SYSTEMS .......................................................................... 8,104 8,104 

021 XM320 GRENADE LAUNCHER MODULE (GLM) ........................ 14,096 14,096 

024 CARBINE ............................................................................................ 21,272 21,272 

025 SHOTGUN, MODULAR ACCESSORY SYSTEM (MASS) .............. 6,598 6,598 

026 COMMON REMOTELY OPERATED WEAPONS STATION ......... 56,725 56,725 

027 HOWITZER LT WT 155MM (T) ........................................................ 13,827 13,827 

MOD OF WEAPONS AND OTHER COMBAT VEH 

029 M777 MODS ........................................................................................ 26,843 26,843 


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SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2013 

Request 

Conference 

Authorized 

030 M4 CARBINE MODS ......................................................................... 27,243 27,243 

031 M2 50 CAL MACHINE GUN MODS ................................................ 39,974 39,974 

032 M249 SAW MACHINE GUN MODS ................................................ 4,996 4,996 

033 M240 MEDIUM MACHINE GUN MODS ........................................ 6,806 6,806 

034 SNIPER RIFLES MODIFICATIONS ................................................ 14,113 14,113 

035 M119 MODIFICATIONS .................................................................... 20,727 20,727 

036 M16 RIFLE MODS ............................................................................. 3,306 3,306 

037 MODIFICATIONS LESS THAN $5.0M (WOCV-WTCV) ................ 3,072 3,072 

SUPPORT EQUIPMENT & FACILITIES 

038 ITEMS LESS THAN $5 MILLION (WOCV-WTCV) ........................ 2,026 2,026 

039 PRODUCTION BASE SUPPORT (WOCV-WTCV) .......................... 10,115 10,115 

040 INDUSTRIAL PREPAREDNESS ...................................................... 442 442 

041 SMALL ARMS EQUIPMENT (SOLDIER ENH PROG) .................. 2,378 2,378 

SPARES 

042 SPARES AND REPAIR PARTS (WTCV) .......................................... 31,217 31,217 

TOTAL PROCUREMENT OF W&TCV, ARMY ............... 1,501,706 1,814,523 

PROCUREMENT OF AMMUNITION, ARMY 

SMALL/MEDIUM CAL AMMUNITION 

001 CTG, 5.56MM, ALL TYPES ............................................................... 158,313 123,513 

Unit cost savings ......................................................................... [–34,800 ] 

002 CTG, 7.62MM, ALL TYPES ............................................................... 91,438 91,438 

003 CTG, HANDGUN, ALL TYPES ......................................................... 8,954 8,954 

004 CTG, .50 CAL, ALL TYPES ............................................................... 109,604 109,604 

005 CTG, 20MM, ALL TYPES .................................................................. 4,041 4,041 

006 CTG, 25MM, ALL TYPES .................................................................. 12,654 12,654 

007 CTG, 30MM, ALL TYPES .................................................................. 72,154 54,154 

Pricing adjustments for target practice round and lightweight dual-purpose round.[–18,000 ] 

008 CTG, 40MM, ALL TYPES .................................................................. 60,138 0 

Decrease for excess ...................................................................... [–60,138 ] 

MORTAR AMMUNITION 

009 60MM MORTAR, ALL TYPES .......................................................... 44,375 44,375 

010 81MM MORTAR, ALL TYPES .......................................................... 27,471 27,471 

011 120MM MORTAR, ALL TYPES ........................................................ 87,811 87,811 

TANK AMMUNITION 

012 CARTRIDGES, TANK, 105MM AND 120MM, ALL TYPES .......... 112,380 112,380 

ARTILLERY AMMUNITION 

013 ARTILLERY CARTRIDGES, 75MM AND 105MM, ALL TYP ....... 50,861 50,861 

014 ARTILLERY PROJECTILE, 155MM, ALL TYPES ......................... 26,227 26,227 

015 PROJ 155MM EXTENDED RANGE XM982 ................................... 110,329 55,329 

Excalibur I-b round schedule delay ........................................... [–55,000 ] 

016 ARTILLERY PROPELLANTS, FUZES AND PRIMERS, ALL ....... 43,924 43,924 

MINES 

017 MINES & CLEARING CHARGES, ALL TYPES ............................. 3,775 3,775 

NETWORKED MUNITIONS 

018 SPIDER NETWORK MUNITIONS, ALL TYPES ............................ 17,408 17,408 

ROCKETS 

019 SHOULDER LAUNCHED MUNITIONS, ALL TYPES .................. 1,005 1,005 

020 ROCKET, HYDRA 70, ALL TYPES .................................................. 123,433 123,433 

OTHER AMMUNITION 

021 DEMOLITION MUNITIONS, ALL TYPES ...................................... 35,189 35,189 

022 GRENADES, ALL TYPES ................................................................. 33,477 33,477 

023 SIGNALS, ALL TYPES ...................................................................... 9,991 9,991 

024 SIMULATORS, ALL TYPES ............................................................. 10,388 10,388 

MISCELLANEOUS 

025 AMMO COMPONENTS, ALL TYPES .............................................. 19,383 19,383 

026 NON-LETHAL AMMUNITION, ALL TYPES .................................. 7,336 7,336 

027 CAD/PAD ALL TYPES ....................................................................... 6,641 6,641 

028 ITEMS LESS THAN $5 MILLION ................................................... 15,092 15,092 

029 AMMUNITION PECULIAR EQUIPMENT ...................................... 15,692 15,692 

030 FIRST DESTINATION TRANSPORTATION (AMMO) .................. 14,107 14,107 

031 CLOSEOUT LIABILITIES ................................................................ 106 106 

PRODUCTION BASE SUPPORT 

032 PROVISION OF INDUSTRIAL FACILITIES .................................. 220,171 220,171 

033 CONVENTIONAL MUNITIONS DEMILITARIZATION, ALL ...... 182,461 182,461 

034 ARMS INITIATIVE ............................................................................ 3,377 3,377 


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SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2013 

Request 

Conference 

Authorized 

TOTAL PROCUREMENT OF AMMUNITION, ARMY .. 1,739,706 1,571,768 

OTHER PROCUREMENT, ARMY 

TACTICAL VEHICLES 

001 SEMITRAILERS, FLATBED: ............................................................ 7,097 7,097 

002 FAMILY OF MEDIUM TACTICAL VEH (FMTV) .......................... 346,115 346,115 

003 FIRETRUCKS & ASSOCIATED FIREFIGHTING EQUIP ............ 19,292 19,292 

004 FAMILY OF HEAVY TACTICAL VEHICLES (FHTV) ................... 52,933 52,933 

005 PLS ESP .............................................................................................. 18,035 18,035 

009 TRUCK, TRACTOR, LINE HAUL, M915/M916 .............................. 3,619 3,619 

010 HVY EXPANDED MOBILE TACTICAL TRUCK EXT SERV ........ 26,859 26,859 

012 TACTICAL WHEELED VEHICLE PROTECTION KITS ............... 69,163 69,163 

013 MODIFICATION OF IN SVC EQUIP .............................................. 91,754 91,754 

NON-TACTICAL VEHICLES 

018 PASSENGER CARRYING VEHICLES ............................................ 2,548 2,548 

019 NONTACTICAL VEHICLES, OTHER ............................................. 16,791 16,791 

COMM—JOINT COMMUNICATIONS 

020 JOINT COMBAT IDENTIFICATION MARKING SYSTEM .......... 10,061 10,061 

021 WIN-T—GROUND FORCES TACTICAL NETWORK .................... 892,635 872,635 

Program adjustment .................................................................... [–20,000 ] 

022 SIGNAL MODERNIZATION PROGRAM ........................................ 45,626 45,626 

023 JCSE EQUIPMENT (USREDCOM) .................................................. 5,143 5,143 

COMM—SATELLITE COMMUNICATIONS 

024 DEFENSE ENTERPRISE WIDEBAND SATCOM SYSTEMS ....... 151,636 151,636 

025 TRANSPORTABLE TACTICAL COMMAND COMMUNICATIONS.

6,822 6,822 

026 SHF TERM .......................................................................................... 9,108 9,108 

028 NAVSTAR GLOBAL POSITIONING SYSTEM (SPACE) ............... 27,353 27,353 

029 SMART-T (SPACE) ............................................................................. 98,656 98,656 

031 GLOBAL BRDCST SVC—GBS .......................................................... 47,131 47,131 

032 MOD OF IN-SVC EQUIP (TAC SAT) ............................................... 23,281 23,281 

COMM—C3 SYSTEM 

034 ARMY GLOBAL CMD & CONTROL SYS (AGCCS) ....................... 10,848 10,848 

COMM—COMBAT COMMUNICATIONS 

035 ARMY DATA DISTRIBUTION SYSTEM (DATA RADIO) ............. 979 979 

036 JOINT TACTICAL RADIO SYSTEM ................................................ 556,250 366,250 

Funding ahead of need ................................................................ [–190,000 ] 

037 MID-TIER NETWORKING VEHICULAR RADIO (MNVR) ........... 86,219 86,219 

038 RADIO TERMINAL SET, MIDS LVT(2) .......................................... 7,798 7,798 

039 SINCGARS FAMILY .......................................................................... 9,001 9,001 

040 AMC CRITICAL ITEMS—OPA2 ....................................................... 24,601 24,601 

041 TRACTOR DESK ................................................................................ 7,779 7,779 

043 SPIDER APLA REMOTE CONTROL UNIT .................................... 34,365 24,365 

Funding ahead of need ................................................................ [–10,000 ] 

044 SOLDIER ENHANCEMENT PROGRAM COMM/ELECTRONICS 1,833 1,833 

045 TACTICAL COMMUNICATIONS AND PROTECTIVE SYSTEM 12,984 12,984 

047 GUNSHOT DETECTION SYSTEM (GDS) ...................................... 2,332 2,332 

048 RADIO, IMPROVED HF (COTS) FAMILY ...................................... 1,132 1,132 

049 MEDICAL COMM FOR CBT CASUALTY CARE (MC4) ................ 22,899 22,899 

COMM—INTELLIGENCE COMM 

051 CI AUTOMATION ARCHITECTURE .............................................. 1,564 1,564 

052 RESERVE CA/MISO GPF EQUIPMENT ......................................... 28,781 28,781 

INFORMATION SECURITY 

053 TSEC—ARMY KEY MGT SYS (AKMS) ........................................... 23,432 23,432 

054 INFORMATION SYSTEM SECURITY PROGRAM-ISSP .............. 43,897 43,897 

COMM—LONG HAUL COMMUNICATIONS 

056 TERRESTRIAL TRANSMISSION .................................................... 2,891 2,891 

057 BASE SUPPORT COMMUNICATIONS ........................................... 13,872 13,872 

058 WW TECH CON IMP PROG (WWTCIP) ......................................... 9,595 9,595 

COMM—BASE COMMUNICATIONS 

059 INFORMATION SYSTEMS ............................................................... 142,133 142,133 

061 INSTALLATION INFO INFRASTRUCTURE MOD PROGRAM( .. 57,727 57,727 

062 PENTAGON INFORMATION MGT AND TELECOM .................... 5,000 5,000 

ELECT EQUIP—TACT INT REL ACT (TIARA) 

065 JTT/CIBS-M ........................................................................................ 1,641 1,641 

066 PROPHET GROUND ......................................................................... 48,797 48,797 

069 DCGS-A (MIP) .................................................................................... 184,007 184,007 


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PUBLIC LAW 112–239—JAN. 2, 2013 126 STAT. 2235 

SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2013 

Request 

Conference 

Authorized 

070 JOINT TACTICAL GROUND STATION (JTAGS) .......................... 2,680 2,680 

071 TROJAN (MIP) ................................................................................... 21,483 21,483 

072 MOD OF IN-SVC EQUIP (INTEL SPT) (MIP) ................................ 2,412 2,412 

073 CI HUMINT AUTO REPRINTING AND COLLECTION ............... 7,077 7,077 

ELECT EQUIP—ELECTRONIC WARFARE (EW) 

075 LIGHTWEIGHT COUNTER MORTAR RADAR .............................. 72,594 72,594 

076 CREW .................................................................................................. 15,446 15,446 

078 COUNTERINTELLIGENCE/SECURITY COUNTERMEASURES 1,470 1,470 

079 CI MODERNIZATION ....................................................................... 1,368 1,368 

ELECT EQUIP—TACTICAL SURV. (TAC SURV) 

080 FAAD GBS .......................................................................................... 7,980 7,980 

081 SENTINEL MODS ............................................................................. 33,444 33,444 

082 SENSE THROUGH THE WALL (STTW) ......................................... 6,212 0 

Slow execution of prior years appropriations ............................ [–6,212 ] 

083 NIGHT VISION DEVICES ................................................................ 166,516 166,516 

085 NIGHT VISION, THERMAL WPN SIGHT ...................................... 82,162 82,162 

086 SMALL TACTICAL OPTICAL RIFLE MOUNTED MLRF ............. 20,717 20,717 

089 GREEN LASER INTERDICTION SYSTEM (GLIS) ....................... 1,014 1,014 

090 INDIRECT FIRE PROTECTION FAMILY OF SYSTEMS ............. 29,881 29,881 

091 PROFILER .......................................................................................... 12,482 12,482 

092 MOD OF IN-SVC EQUIP (FIREFINDER RADARS) ...................... 3,075 3,075 

094 JOINT BATTLE COMMAND—PLATFORM (JBC-P) ..................... 141,385 141,385 

096 MOD OF IN-SVC EQUIP (LLDR) ..................................................... 22,403 22,403 

098 MORTAR FIRE CONTROL SYSTEM .............................................. 29,505 29,505 

099 COUNTERFIRE RADARS ................................................................. 244,409 244,409 

100 ENHANCED SENSOR & MONITORING SYSTEM (WMD) 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 


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126 STAT. 2236 PUBLIC LAW 112–239—JAN. 2, 2013 

SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2013 

Request 

Conference 

Authorized 

139 SOLDIER ENHANCEMENT ............................................................. 6,522 6,522 

140 PERSONNEL RECOVERY SUPPORT SYSTEM (PRSS) ............... 11,222 11,222 

141 GROUND SOLDIER SYSTEM .......................................................... 103,317 103,317 

144 FIELD FEEDING EQUIPMENT ...................................................... 27,417 27,417 

145 CARGO AERIAL DEL & PERSONNEL PARACHUTE SYSTEM 52,065 52,065 

146 MORTUARY AFFAIRS SYSTEMS ................................................... 2,358 2,358 

147 FAMILY OF ENGR COMBAT AND CONSTRUCTION SETS ...... 31,573 31,573 

148 ITEMS LESS THAN $5 MILLION ................................................... 14,093 14,093 

PETROLEUM EQUIPMENT 

149 DISTRIBUTION SYSTEMS, PETROLEUM & WATER ................. 36,266 36,266 

MEDICAL EQUIPMENT 

150 COMBAT SUPPORT MEDICAL ....................................................... 34,101 34,101 

151 MEDEVAC 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 

PRIOR YEAR SAVINGS 

UNDISTRIBUTED 

194 EMERGENCY MANAGEMENT MODERNIZATION PROGRAM 52,000 

Army requested transfer from Operation and Maintenance, 

Army, line 100.

[52,000 ] 

TOTAL OTHER PROCUREMENT, ARMY ...................... 6,326,245 6,152,033 

JOINT IMPR EXPLOSIVE DEV DEFEAT FUND 

STAFF AND INFRASTRUCTURE 

004 OPERATIONS ..................................................................................... 227,414 0 

Transfer of funds to title 15 ....................................................... [–227,414 ] 

TOTAL JOINT IMPR EXPLOSIVE DEV DEFEAT 

FUND.

227,414 0 


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PUBLIC LAW 112–239—JAN. 2, 2013 126 STAT. 2237 

SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2013 

Request 

Conference 

Authorized 

AIRCRAFT PROCUREMENT, NAVY 

COMBAT AIRCRAFT 

001 EA–18G ................................................................................................ 1,027,443 1,014,443 

Engine cost growth ...................................................................... [–13,000 ] 

002 ADVANCE PROCUREMENT (CY) ............................................... 45,000 

Program increase ......................................................................... [45,000 ] 

003 F/A–18E/F (FIGHTER) HORNET ..................................................... 2,035,131 2,017,131 

Engine cost growth ...................................................................... [–12,000 ] 

Engineering Change Order excess funding ............................... [–6,000 ] 

004 ADVANCE PROCUREMENT (CY) ............................................... 30,296 30,296 

005 JOINT STRIKE FIGHTER CV .......................................................... 1,007,632 988,832 

Excessive weapon system unit cost increase ............................. [–18,800 ] 

006 ADVANCE PROCUREMENT (CY) ............................................... 65,180 65,180 

007 JSF STOVL ......................................................................................... 1,404,737 1,345,937 

Excessive weapon system unit cost increase ............................. [–58,800 ] 

008 ADVANCE PROCUREMENT (CY) ............................................... 106,199 106,199 

009 V–22 (MEDIUM LIFT) ....................................................................... 1,303,120 1,291,380 

Flyaway unit cost savings ........................................................... [–11,740 ] 

010 ADVANCE PROCUREMENT (CY) ............................................... 154,202 154,202 

011 H–1 UPGRADES (UH–1Y/AH–1Z) ................................................... 720,933 720,933 

012 ADVANCE PROCUREMENT (CY) ............................................... 69,658 69,658 

013 MH–60S (MYP) ................................................................................... 384,792 384,792 

014 ADVANCE PROCUREMENT (CY) ............................................... 69,277 69,277 

015 MH–60R (MYP) ................................................................................... 656,866 826,866 

Cruiser Retention—Restore 5 helicopters ................................. [170,000 ] 

016 ADVANCE PROCUREMENT (CY) ............................................... 185,896 185,896 

017 P–8A POSEIDON ............................................................................... 2,420,755 2,387,052 

Excess to need .............................................................................. [–33,703 ] 

018 ADVANCE PROCUREMENT (CY) ............................................... 325,679 325,679 

019 E–2D ADV HAWKEYE ...................................................................... 861,498 861,498 

020 ADVANCE PROCUREMENT (CY) ............................................... 123,179 123,179 

TRAINER AIRCRAFT 

022 JPATS .................................................................................................. 278,884 268,784 

Airframe cost growth ................................................................... [–10,100 ] 

OTHER AIRCRAFT 

023 KC–130J .............................................................................................. 3,000 3,000 

024 ADVANCE PROCUREMENT (CY) ............................................... 22,995 22,995 

025 ADVANCE PROCUREMENT (CY)—RQ–4 UAV ......................... 51,124 51,124 

026 MQ–8 UAV .......................................................................................... 124,573 124,573 

027 STUASL0 UAV ................................................................................... 9,593 9,593 

MODIFICATION OF AIRCRAFT 

028 EA–6 SERIES ..................................................................................... 30,062 30,062 

029 AEA SYSTEMS ................................................................................... 49,999 49,999 

030 AV–8 SERIES ..................................................................................... 38,703 38,703 

031 ADVERSARY ...................................................................................... 4,289 4,289 

032 F–18 SERIES ...................................................................................... 647,306 639,306 

ILS growth (OSIP 11–84) ............................................................ [–5,000 ] 

Other support funding growth (OSIP 001–10) .......................... [–3,000 ] 

033 H–46 SERIES ...................................................................................... 2,343 2,343 

034 AH–1W SERIES ................................................................................. 8,721 8,721 

035 H–53 SERIES ...................................................................................... 45,567 42,367 

Other Support cost growth ......................................................... [–3,200 ] 

036 SH–60 SERIES ................................................................................... 83,527 83,527 

037 H–1 SERIES ........................................................................................ 6,508 6,508 

038 EP–3 SERIES ...................................................................................... 66,374 66,374 

039 P–3 SERIES ........................................................................................ 148,405 148,405 

040 E–2 SERIES ........................................................................................ 16,322 16,322 

041 TRAINER A/C SERIES ...................................................................... 34,284 34,284 

042 C–2A .................................................................................................... 4,743 4,743 

043 C–130 SERIES .................................................................................... 60,302 60,302 

044 FEWSG ................................................................................................ 670 670 

045 CARGO/TRANSPORT A/C SERIES .................................................. 26,311 26,311 

046 E–6 SERIES ........................................................................................ 158,332 155,842 

SLEP kit installation cost growth (OSIP 003–07) .................... [–2,490 ] 

047 EXECUTIVE HELICOPTERS SERIES ............................................ 58,163 58,163 

048 SPECIAL PROJECT AIRCRAFT ...................................................... 12,421 12,421 


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126 STAT. 2238 PUBLIC LAW 112–239—JAN. 2, 2013 

SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2013 

Request 

Conference 

Authorized 

049 T–45 SERIES ...................................................................................... 64,488 59,488 

Avionics Obsolescence kit cost growth ....................................... [–2,000 ] 

Synthetic Radar kit cost growth ................................................ [–3,000 ] 

050 POWER PLANT CHANGES .............................................................. 21,569 21,569 

051 JPATS SERIES ................................................................................... 1,552 1,552 

052 AVIATION LIFE SUPPORT MODS ................................................. 2,473 2,473 

053 COMMON ECM EQUIPMENT ......................................................... 114,690 114,690 

054 COMMON AVIONICS CHANGES .................................................... 96,183 96,183 

056 ID SYSTEMS ...................................................................................... 39,846 39,846 

057 P–8 SERIES ........................................................................................ 5,302 5,302 

058 MAGTF EW FOR AVIATION ............................................................ 34,127 34,127 

059 RQ–7 SERIES ..................................................................................... 49,324 49,324 

060 V–22 (TILT/ROTOR ACFT) OSPREY ............................................... 95,856 95,856 

AIRCRAFT SPARES AND REPAIR PARTS 

061 SPARES AND REPAIR PARTS ........................................................ 1,166,430 1,132,430 

Spares cost growth- F–35C, F–35B, E–2D ................................ [–34,000 ] 

AIRCRAFT SUPPORT EQUIP & FACILITIES 

062 COMMON GROUND EQUIPMENT ................................................. 387,195 387,195 

063 AIRCRAFT INDUSTRIAL FACILITIES .......................................... 23,469 23,469 

064 WAR CONSUMABLES ...................................................................... 43,383 43,383 

065 OTHER PRODUCTION CHARGES .................................................. 3,399 3,399 

066 SPECIAL SUPPORT EQUIPMENT ................................................. 32,274 32,274 

067 FIRST DESTINATION TRANSPORTATION .................................. 1,742 1,742 

TOTAL AIRCRAFT PROCUREMENT, NAVY ................. 17,129,296 17,127,463 

WEAPONS PROCUREMENT, NAVY 

MODIFICATION OF MISSILES 

001 TRIDENT II MODS ............................................................................ 1,224,683 1,214,683 

Tooling, test/support equipment growth .................................... [–10,000 ] 

SUPPORT EQUIPMENT & FACILITIES 

002 MISSILE INDUSTRIAL FACILITIES .............................................. 5,553 5,553 

STRATEGIC MISSILES 

003 TOMAHAWK ...................................................................................... 308,970 298,970 

Contract Savings ......................................................................... [–10,000 ] 

TACTICAL MISSILES 

004 AMRAAM ............................................................................................ 102,683 97,390 

Captive air training missile cost growth ................................... [–5,293 ] 

005 SIDEWINDER .................................................................................... 80,226 74,267 

All Up Round Missile Cost Growth ............................................ [–3,847 ] 

Captive Air Training Missile Cost Growth ............................... [–2,112 ] 

006 JSOW ................................................................................................... 127,609 127,609 

007 STANDARD MISSILE ....................................................................... 399,482 399,482 

008 RAM ..................................................................................................... 66,769 66,769 

009 HELLFIRE .......................................................................................... 74,501 74,501 

011 AERIAL TARGETS ............................................................................ 61,518 61,518 

012 OTHER MISSILE SUPPORT ............................................................ 3,585 3,585 

MODIFICATION OF MISSILES 

013 ESSM ................................................................................................... 58,194 58,194 

014 HARM MODS ..................................................................................... 86,721 86,721 

SUPPORT EQUIPMENT & FACILITIES 

016 WEAPONS INDUSTRIAL FACILITIES .......................................... 2,014 2,014 

017 FLEET SATELLITE COMM FOLLOW-ON ..................................... 21,454 21,454 

ORDNANCE SUPPORT EQUIPMENT 

018 ORDNANCE SUPPORT EQUIPMENT ............................................ 54,945 54,945 

TORPEDOES AND RELATED EQUIP 

019 SSTD .................................................................................................... 2,700 2,700 

020 ASW TARGETS .................................................................................. 10,385 10,385 

MOD OF TORPEDOES AND RELATED EQUIP 

021 MK–54 TORPEDO MODS ................................................................. 74,487 74,487 

022 MK–48 TORPEDO ADCAP MODS ................................................... 54,281 54,281 

023 QUICKSTRIKE MINE ....................................................................... 6,852 6,852 

SUPPORT EQUIPMENT 

024 TORPEDO SUPPORT EQUIPMENT ............................................... 46,402 46,402 

025 ASW RANGE SUPPORT ................................................................... 11,927 11,927 

DESTINATION TRANSPORTATION 

026 FIRST DESTINATION TRANSPORTATION .................................. 3,614 3,614 

GUNS AND GUN MOUNTS 


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PUBLIC LAW 112–239—JAN. 2, 2013 126 STAT. 2239 

SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2013 

Request 

Conference 

Authorized 

027 SMALL ARMS AND WEAPONS ....................................................... 12,594 12,594 

MODIFICATION OF GUNS AND GUN MOUNTS 

028 CIWS MODS ....................................................................................... 59,303 67,003 

Buy additional ordnance alteration kits .................................... [7,700 ] 

029 COAST GUARD WEAPONS .............................................................. 19,072 19,072 

030 GUN MOUNT MODS ......................................................................... 54,706 54,706 

031 CRUISER MODERNIZATION WEAPONS ...................................... 1,591 19,622 

Cruiser retention—5′′/62 Upgrade .............................................. [18,031 ] 

032 AIRBORNE MINE NEUTRALIZATION SYSTEMS ....................... 20,607 20,607 

SPARES AND REPAIR PARTS 

034 SPARES AND REPAIR PARTS ........................................................ 60,150 60,150 

TOTAL WEAPONS PROCUREMENT, NAVY ................. 3,117,578 3,112,057 

SHIPBUILDING & CONVERSION, NAVY 

OTHER WARSHIPS 

001 CARRIER REPLACEMENT PROGRAM .......................................... 608,195 605,295 

SEWIP block 2 growth ................................................................ [–2,900 ] 

003 VIRGINIA CLASS SUBMARINE ...................................................... 3,217,601 3,217,601 

004 ADVANCE PROCUREMENT (CY) ............................................... 874,878 1,652,557 

Advance procurement for 2nd SSN in FY 14 ............................ [777,679 ] 

005 CVN REFUELING OVERHAULS .................................................... 1,613,392 1,517,292 

Program decrease ........................................................................ [–96,100 ] 

006 ADVANCE PROCUREMENT (CY) ............................................... 70,010 70,010 

008 DDG 1000 ............................................................................................ 669,222 669,222 

009 DDG–51 ............................................................................................... 3,048,658 3,048,658 

010 ADVANCE PROCUREMENT (CY) ............................................... 466,283 466,283 

011 LITTORAL COMBAT SHIP ............................................................... 1,784,959 1,784,959 

AMPHIBIOUS SHIPS 

015 JOINT HIGH SPEED VESSEL ......................................................... 189,196 189,196 

AUXILIARIES, CRAFT AND PRIOR YR PROGRAM COST 

017 ADVANCE PROCUREMENT (CY) ............................................... 307,300 307,300 

018 OUTFITTING ...................................................................................... 309,648 309,648 

020 LCAC SLEP ........................................................................................ 47,930 47,930 

021 COMPLETION OF PY SHIPBUILDING PROGRAMS ................... 372,573 372,573 

TOTAL SHIPBUILDING & CONVERSION, NAVY ........ 13,579,845 14,258,524 

PROCUREMENT OF AMMO, NAVY & MC 

NAVY AMMUNITION 

001 GENERAL PURPOSE BOMBS ......................................................... 27,024 27,024 

002 AIRBORNE ROCKETS, ALL TYPES ............................................... 56,575 56,575 

003 MACHINE GUN AMMUNITION ...................................................... 21,266 21,266 

004 PRACTICE BOMBS ........................................................................... 34,319 34,319 

005 CARTRIDGES & CART ACTUATED DEVICES ............................. 53,755 53,755 

006 AIR EXPENDABLE COUNTERMEASURES .................................. 61,693 60,693 

ALE–55 cost growth .................................................................... [–1,000 ] 

007 JATOS ................................................................................................. 2,776 2,776 

008 LRLAP 6′′ LONG RANGE ATTACK PROJECTILE ........................ 7,102 7,102 

009 5 INCH/54 GUN AMMUNITION ...................................................... 48,320 48,320 

010 INTERMEDIATE CALIBER GUN AMMUNITION ........................ 25,544 25,544 

011 OTHER SHIP GUN AMMUNITION ................................................ 41,624 38,884 

30MM x 173 linked cartridge contract delay ............................ [–2,740 ] 

012 SMALL ARMS & LANDING PARTY AMMO .................................. 65,893 65,247 

M18A1 mine cost growth ............................................................ [–646 ] 

013 PYROTECHNIC AND DEMOLITION .............................................. 11,176 11,176 

014 AMMUNITION LESS THAN $5 MILLION ..................................... 4,116 4,116 

MARINE CORPS AMMUNITION 

015 SMALL ARMS AMMUNITION ......................................................... 83,733 83,733 

016 LINEAR CHARGES, ALL TYPES .................................................... 24,645 24,645 

017 40 MM, ALL TYPES ........................................................................... 16,201 16,201 

019 81MM, ALL TYPES ............................................................................ 13,711 3,711 

Excess to need .............................................................................. [–10,000 ] 

020 120MM, ALL TYPES .......................................................................... 12,557 12,557 

022 GRENADES, ALL TYPES ................................................................. 7,634 7,134 

Excess to need .............................................................................. [–500 ] 

023 ROCKETS, ALL TYPES .................................................................... 27,528 27,528 

024 ARTILLERY, ALL TYPES ................................................................. 93,065 76,459 

Prior year funds available .......................................................... [–16,606 ] 


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126 STAT. 2240 PUBLIC LAW 112–239—JAN. 2, 2013 

SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2013 

Request 

Conference 

Authorized 

025 DEMOLITION MUNITIONS, ALL TYPES ...................................... 2,047 0 

Excess to need .............................................................................. [–2,047 ] 

026 FUZE, ALL TYPES ............................................................................ 5,297 5,297 

027 NON LETHALS .................................................................................. 1,362 1,362 

028 AMMO MODERNIZATION ............................................................... 4,566 4,566 

029 ITEMS LESS THAN $5 MILLION ................................................... 6,010 6,010 

TOTAL PROCUREMENT OF AMMO, NAVY & MC ...... 759,539 726,000 

OTHER PROCUREMENT, NAVY 

SHIP PROPULSION EQUIPMENT 

001 LM–2500 GAS TURBINE .................................................................. 10,658 10,658 

002 ALLISON 501K GAS TURBINE ....................................................... 8,469 8,469 

NAVIGATION EQUIPMENT 

003 OTHER NAVIGATION EQUIPMENT .............................................. 23,392 23,392 

PERISCOPES 

004 SUB PERISCOPES & IMAGING EQUIP ........................................ 53,809 53,809 

OTHER SHIPBOARD EQUIPMENT 

005 DDG MOD ........................................................................................... 452,371 452,371 

006 FIREFIGHTING EQUIPMENT ........................................................ 16,958 16,958 

007 COMMAND AND CONTROL SWITCHBOARD .............................. 2,492 2,492 

008 POLLUTION CONTROL EQUIPMENT ........................................... 20,707 20,707 

009 SUBMARINE SUPPORT EQUIPMENT .......................................... 12,046 12,046 

010 VIRGINIA CLASS SUPPORT EQUIPMENT ................................... 79,870 79,870 

011 LCS CLASS SUPPORT EQUIPMENT ............................................. 19,865 19,865 

012 SUBMARINE BATTERIES ............................................................... 41,522 41,522 

013 LPD CLASS SUPPORT EQUIPMENT ............................................. 30,543 30,543 

014 STRATEGIC PLATFORM SUPPORT EQUIP ................................. 16,257 16,257 

015 DSSP EQUIPMENT ........................................................................... 3,630 3,630 

016 CG MODERNIZATION ...................................................................... 101,000 184,972 

Cruiser retention ......................................................................... [83,972 ] 

017 LCAC ................................................................................................... 16,645 16,645 

018 UNDERWATER EOD PROGRAMS .................................................. 35,446 35,446 

019 ITEMS LESS THAN $5 MILLION ................................................... 65,998 65,998 

020 CHEMICAL WARFARE DETECTORS ............................................ 4,359 4,359 

021 SUBMARINE LIFE SUPPORT SYSTEM ........................................ 10,218 10,218 

REACTOR PLANT EQUIPMENT 

022 REACTOR POWER UNITS ............................................................... 286,859 286,859 

023 REACTOR COMPONENTS ............................................................... 278,503 278,503 

OCEAN ENGINEERING 

024 DIVING AND SALVAGE EQUIPMENT .......................................... 8,998 8,998 

SMALL BOATS 

025 STANDARD BOATS ........................................................................... 30,131 30,131 

TRAINING EQUIPMENT 

026 OTHER SHIPS TRAINING EQUIPMENT ...................................... 29,772 29,772 

PRODUCTION FACILITIES EQUIPMENT 

027 OPERATING FORCES IPE ............................................................... 64,346 64,346 

OTHER SHIP SUPPORT 

028 NUCLEAR ALTERATIONS ............................................................... 154,652 154,652 

029 LCS COMMON MISSION MODULES EQUIPMENT .................... 31,319 31,319 

030 LCS MCM MISSION MODULES ..................................................... 38,392 38,392 

031 LCS SUW MISSION MODULES ...................................................... 32,897 32,897 

LOGISTIC SUPPORT 

032 LSD MIDLIFE .................................................................................... 49,758 49,758 

SHIP SONARS 

034 SPQ–9B RADAR ................................................................................. 19,777 19,777 

035 AN/SQQ–89 SURF ASW COMBAT SYSTEM .................................. 89,201 89,201 

036 SSN ACOUSTICS ............................................................................... 190,874 190,874 

037 UNDERSEA WARFARE SUPPORT EQUIPMENT ........................ 17,035 17,035 

038 SONAR SWITCHES AND TRANSDUCERS .................................... 13,410 13,410 

ASW ELECTRONIC EQUIPMENT 

040 SUBMARINE ACOUSTIC WARFARE SYSTEM ............................ 21,489 19,532 

Contract award delays for launch tube and MK3 .................... [–1,957 ] 

041 SSTD .................................................................................................... 10,716 10,716 

042 FIXED SURVEILLANCE SYSTEM .................................................. 98,896 98,896 

043 SURTASS ............................................................................................ 2,774 2,774 

044 MARITIME PATROL AND RECONNSAISANCE FORCE ............ 18,428 18,428 

ELECTRONIC WARFARE EQUIPMENT 


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SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2013 

Request 

Conference 

Authorized 

045 AN/SLQ–32 .......................................................................................... 92,270 92,270 

RECONNAISSANCE EQUIPMENT 

046 SHIPBOARD IW EXPLOIT ............................................................... 107,060 107,060 

047 AUTOMATED IDENTIFICATION SYSTEM (AIS) ......................... 914 914 

SUBMARINE SURVEILLANCE EQUIPMENT 

048 SUBMARINE SUPPORT EQUIPMENT PROG ............................... 34,050 34,050 

OTHER SHIP ELECTRONIC EQUIPMENT 

049 COOPERATIVE ENGAGEMENT CAPABILITY ............................. 27,881 22,191 

Excess PAAA backfit installation funding ................................ [–615 ] 

Excess signal data processor backfit kit installation funding [–2,725 ] 

Signal data processor backfit kit contract delay ....................... [–1,350 ] 

Support funding carryover .......................................................... [–1,000 ] 

050 TRUSTED INFORMATION SYSTEM (TIS) .................................... 448 448 

051 NAVAL TACTICAL COMMAND SUPPORT SYSTEM (NTCSS) ... 35,732 35,732 

053 NAVY COMMAND AND CONTROL SYSTEM (NCCS) ................. 9,533 9,533 

054 MINESWEEPING SYSTEM REPLACEMENT ................................ 60,111 60,111 

055 SHALLOW WATER MCM ................................................................. 6,950 6,950 

056 NAVSTAR GPS RECEIVERS (SPACE) ............................................ 9,089 9,089 

057 AMERICAN FORCES RADIO AND TV SERVICE ......................... 7,768 7,768 

058 STRATEGIC PLATFORM SUPPORT EQUIP ................................. 3,614 3,614 

TRAINING EQUIPMENT 

059 OTHER TRAINING EQUIPMENT ................................................... 42,911 42,911 

AVIATION ELECTRONIC EQUIPMENT 

060 MATCALS ........................................................................................... 5,861 5,861 

061 SHIPBOARD AIR TRAFFIC CONTROL .......................................... 8,362 8,362 

062 AUTOMATIC CARRIER LANDING SYSTEM ................................ 15,685 15,685 

063 NATIONAL AIR SPACE SYSTEM ................................................... 16,919 16,919 

064 FLEET AIR TRAFFIC CONTROL SYSTEMS ................................. 6,828 6,828 

065 LANDING SYSTEMS ......................................................................... 7,646 7,646 

066 ID SYSTEMS ...................................................................................... 35,474 35,474 

067 NAVAL MISSION PLANNING SYSTEMS ...................................... 9,958 9,958 

OTHER SHORE ELECTRONIC EQUIPMENT 

068 DEPLOYABLE JOINT COMMAND AND CONT ............................ 9,064 9,064 

069 MARITIME INTEGRATED BROADCAST SYSTEM ...................... 16,026 16,026 

070 TACTICAL/MOBILE C4I SYSTEMS ................................................ 11,886 11,886 

071 DCGS-N ............................................................................................... 11,887 11,887 

072 CANES ................................................................................................. 341,398 320,874 

Contract delay (DDG–51 class) .................................................. [–7,734 ] 

Contract delay (LHD–7) .............................................................. [–8,305 ] 

Excess ADNS installation (afloat) funding ................................ [–2,070 ] 

Excess ADNS installation (ashore) funding .............................. [–2,415 ] 

073 RADIAC ............................................................................................... 8,083 8,083 

074 CANES-INTELL ................................................................................. 79,427 79,427 

075 GPETE ................................................................................................. 6,083 6,083 

076 INTEG COMBAT SYSTEM TEST FACILITY ................................. 4,495 4,495 

077 EMI CONTROL INSTRUMENTATION ........................................... 4,767 4,767 

078 ITEMS LESS THAN $5 MILLION ................................................... 81,755 81,755 

SHIPBOARD COMMUNICATIONS 

080 SHIP COMMUNICATIONS AUTOMATION ................................... 56,870 56,870 

081 MARITIME DOMAIN AWARENESS (MDA) ................................... 1,063 1,063 

082 COMMUNICATIONS ITEMS UNDER $5M .................................... 28,522 28,522 

SUBMARINE COMMUNICATIONS 

083 SUBMARINE BROADCAST SUPPORT ........................................... 4,183 4,183 

084 SUBMARINE COMMUNICATION EQUIPMENT .......................... 69,025 69,025 

SATELLITE COMMUNICATIONS 

085 SATELLITE COMMUNICATIONS SYSTEMS ................................ 49,294 51,294 

SPIDERNet/Spectral Warrior Hardware ................................... [2,000 ] 

086 NAVY MULTIBAND TERMINAL (NMT) ........................................ 184,825 184,825 

SHORE COMMUNICATIONS 

087 JCS COMMUNICATIONS EQUIPMENT ........................................ 2,180 2,180 

088 ELECTRICAL POWER SYSTEMS ................................................... 1,354 1,354 

CRYPTOGRAPHIC EQUIPMENT 

090 INFO SYSTEMS SECURITY PROGRAM (ISSP) ............................ 144,104 144,104 

CRYPTOLOGIC EQUIPMENT 

091 CRYPTOLOGIC COMMUNICATIONS EQUIP ............................... 12,604 12,604 

OTHER ELECTRONIC SUPPORT 

092 COAST GUARD EQUIPMENT ......................................................... 6,680 6,680 


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126 STAT. 2242 PUBLIC LAW 112–239—JAN. 2, 2013 

SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2013 

Request 

Conference 

Authorized 

SONOBUOYS 

095 SONOBUOYS—ALL TYPES ............................................................. 104,677 104,677 

AIRCRAFT SUPPORT EQUIPMENT 

096 WEAPONS RANGE SUPPORT EQUIPMENT ................................ 70,753 70,753 

097 EXPEDITIONARY AIRFIELDS ........................................................ 8,678 8,678 

098 AIRCRAFT REARMING EQUIPMENT ........................................... 11,349 11,349 

099 AIRCRAFT LAUNCH & RECOVERY EQUIPMENT ...................... 82,618 81,980 

ADMACS installation cost growth ............................................. [–638 ] 

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 72,267 

Production support funding growth ........................................... [–5,500 ] 

115 VERTICAL LAUNCH SYSTEMS ...................................................... 754 754 

116 MARITIME INTEGRATED PLANNING SYSTEM-MIPS .............. 4,965 4,965 

FBM SUPPORT EQUIPMENT 

117 STRATEGIC MISSILE SYSTEMS EQUIP ...................................... 181,049 181,049 

ASW SUPPORT EQUIPMENT 

118 SSN COMBAT CONTROL SYSTEMS .............................................. 71,316 71,316 

119 SUBMARINE ASW SUPPORT EQUIPMENT ................................. 4,018 4,018 

120 SURFACE ASW SUPPORT EQUIPMENT ...................................... 6,465 6,465 

121 ASW RANGE SUPPORT EQUIPMENT ........................................... 47,930 47,930 

OTHER ORDNANCE SUPPORT EQUIPMENT 

122 EXPLOSIVE ORDNANCE DISPOSAL EQUIP ............................... 3,579 3,579 

123 ITEMS LESS THAN $5 MILLION ................................................... 3,125 3,125 

OTHER EXPENDABLE ORDNANCE 

124 ANTI-SHIP MISSILE DECOY SYSTEM .......................................... 31,743 29,743 

Support funding growth .............................................................. [–2,000 ] 

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 


dkrause on DSKHT7XVN1PROD with KATH
PUBLIC LAW 112–239—JAN. 2, 2013 126 STAT. 2243 

SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2013 

Request 

Conference 

Authorized 

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 6,219,041 

PROCUREMENT, MARINE CORPS 

TRACKED COMBAT VEHICLES 

001 AAV7A1 PIP ........................................................................................ 16,089 16,089 

002 LAV PIP .............................................................................................. 186,216 45,342 

Budget adjustment per USMC ................................................... [–140,874 ] 

ARTILLERY AND OTHER WEAPONS 

003 EXPEDITIONARY FIRE SUPPORT SYSTEM ................................ 2,502 2,502 

004 155MM LIGHTWEIGHT TOWED HOWITZER ............................... 17,913 17,913 

005 HIGH MOBILITY ARTILLERY ROCKET SYSTEM ....................... 47,999 47,999 

006 WEAPONS AND COMBAT VEHICLES UNDER $5 MILLION .... 17,706 17,706 

OTHER SUPPORT 

007 MODIFICATION KITS ...................................................................... 48,040 48,040 

008 WEAPONS ENHANCEMENT PROGRAM ...................................... 4,537 4,537 

GUIDED MISSILES 

009 GROUND BASED AIR DEFENSE ................................................... 11,054 11,054 

011 FOLLOW ON TO SMAW ................................................................... 19,650 19,650 

012 ANTI-ARMOR WEAPONS SYSTEM-HEAVY (AAWS-H) ............... 20,708 20,708 

COMMAND AND CONTROL SYSTEMS 

014 UNIT OPERATIONS CENTER ......................................................... 1,420 1,420 

REPAIR AND TEST EQUIPMENT 

015 REPAIR AND TEST EQUIPMENT .................................................. 25,127 25,127 

OTHER SUPPORT (TEL) 

016 COMBAT SUPPORT SYSTEM ......................................................... 25,822 25,822 

017 MODIFICATION KITS ...................................................................... 2,831 2,831 

COMMAND AND CONTROL SYSTEM (NON-TEL) 

018 ITEMS UNDER $5 MILLION (COMM & ELEC) ............................ 5,498 5,498 

019 AIR OPERATIONS C2 SYSTEMS .................................................... 11,290 11,290 

RADAR + EQUIPMENT (NON-TEL) 

020 RADAR SYSTEMS ............................................................................. 128,079 128,079 

021 RQ–21 UAS ......................................................................................... 27,619 27,619 

INTELL/COMM EQUIPMENT (NON-TEL) 

022 FIRE SUPPORT SYSTEM ................................................................. 7,319 7,319 

023 INTELLIGENCE SUPPORT EQUIPMENT ..................................... 7,466 7,466 

025 RQ–11 UAV ......................................................................................... 2,318 2,318 

026 DCGS-MC ............................................................................................ 18,291 18,291 

OTHER COMM/ELEC EQUIPMENT (NON-TEL) 

029 NIGHT VISION EQUIPMENT ......................................................... 48,084 48,084 

OTHER SUPPORT (NON-TEL) 

030 COMMON COMPUTER RESOURCES ............................................ 206,708 206,708 

031 COMMAND POST SYSTEMS ........................................................... 35,190 35,190 

032 RADIO SYSTEMS .............................................................................. 89,059 89,059 

033 COMM SWITCHING & CONTROL SYSTEMS ............................... 22,500 22,500 

034 COMM & ELEC INFRASTRUCTURE SUPPORT .......................... 42,625 42,625 

CLASSIFIED PROGRAMS 

035A CLASSIFIED PROGRAMS ................................................................ 2,290 2,290 

ADMINISTRATIVE VEHICLES 

035 COMMERCIAL PASSENGER VEHICLES ...................................... 2,877 2,877 

036 COMMERCIAL CARGO VEHICLES ................................................ 13,960 13,960 

TACTICAL VEHICLES 

037 5/4T TRUCK HMMWV (MYP) ........................................................... 8,052 8,052 

038 MOTOR TRANSPORT MODIFICATIONS ....................................... 50,269 50,269 

040 LOGISTICS VEHICLE SYSTEM REP ............................................. 37,262 37,262 

041 FAMILY OF TACTICAL TRAILERS ................................................ 48,160 48,160 

OTHER SUPPORT 

043 ITEMS LESS THAN $5 MILLION ................................................... 6,705 6,705 

ENGINEER AND OTHER EQUIPMENT 

044 ENVIRONMENTAL CONTROL EQUIP ASSORT .......................... 13,576 13,576 

045 BULK LIQUID EQUIPMENT ........................................................... 16,869 16,869 


dkrause on DSKHT7XVN1PROD with KATH
126 STAT. 2244 PUBLIC LAW 112–239—JAN. 2, 2013 

SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2013 

Request 

Conference 

Authorized 

046 TACTICAL FUEL SYSTEMS ............................................................ 19,108 19,108 

047 POWER EQUIPMENT ASSORTED ................................................. 56,253 56,253 

048 AMPHIBIOUS SUPPORT EQUIPMENT ......................................... 13,089 13,089 

049 EOD SYSTEMS .................................................................................. 73,699 73,699 

MATERIALS HANDLING EQUIPMENT 

050 PHYSICAL SECURITY EQUIPMENT ............................................. 3,510 3,510 

051 GARRISON MOBILE ENGINEER EQUIPMENT (GMEE) ............ 11,490 11,490 

052 MATERIAL HANDLING EQUIP ...................................................... 20,659 20,659 

053 FIRST DESTINATION TRANSPORTATION .................................. 132 132 

GENERAL PROPERTY 

054 FIELD MEDICAL EQUIPMENT ...................................................... 31,068 31,068 

055 TRAINING DEVICES ........................................................................ 45,895 45,895 

056 CONTAINER FAMILY ....................................................................... 5,801 5,801 

057 FAMILY OF CONSTRUCTION EQUIPMENT ................................ 23,939 23,939 

060 RAPID DEPLOYABLE KITCHEN .................................................... 8,365 8,365 

OTHER SUPPORT 

061 ITEMS LESS THAN $5 MILLION ................................................... 7,077 7,077 

SPARES AND REPAIR PARTS 

062 SPARES AND REPAIR PARTS ........................................................ 3,190 3,190 

TOTAL PROCUREMENT, MARINE CORPS .................. 1,622,955 1,482,081 

AIRCRAFT PROCUREMENT, AIR FORCE 

TACTICAL FORCES 

001 F–35 ..................................................................................................... 3,124,302 3,124,302 

002 ADVANCE PROCUREMENT (CY) ............................................... 293,400 293,400 

OTHER AIRLIFT 

005 C–130J ................................................................................................. 68,373 68,373 

007 HC–130J .............................................................................................. 152,212 152,212 

009 MC–130J ............................................................................................. 374,866 374,866 

HELICOPTERS 

015 HH–60 LOSS REPLACEMENT/RECAP .......................................... 60,596 60,596 

017 CV–22 (MYP) ...................................................................................... 294,220 294,220 

018 ADVANCE PROCUREMENT (CY) ............................................... 15,000 15,000 

MISSION SUPPORT AIRCRAFT 

019 CIVIL AIR PATROL A/C ................................................................... 2,498 2,498 

OTHER AIRCRAFT 

024 TARGET DRONES ............................................................................. 129,866 129,866 

026 RQ–4 .................................................................................................... 75,000 180,200 

Sustain current force structure .................................................. [105,200 ] 

028 AC–130J .............................................................................................. 163,970 163,970 

030 MQ–9 ................................................................................................... 553,530 708,530 

Additional aircraft ....................................................................... [155,000 ] 

031 RQ–4 BLOCK 40 PROC ..................................................................... 11,654 11,654 

STRATEGIC AIRCRAFT 

032 B–2A .................................................................................................... 82,296 82,296 

033 B–1B .................................................................................................... 149,756 149,756 

034 B–52 ..................................................................................................... 9,781 9,781 

035 LARGE AIRCRAFT INFRARED COUNTERMEASURES .............. 28,800 28,800 

TACTICAL AIRCRAFT 

036 A–10 ..................................................................................................... 89,919 173,919 

Retain A–10 force structure ........................................................ [84,000 ] 

037 F–15 ..................................................................................................... 148,378 148,378 

038 F–16 ..................................................................................................... 6,896 6,896 

039 F–22A .................................................................................................. 283,871 283,871 

040 F–35 MODIFICATIONS ..................................................................... 147,995 147,995 

AIRLIFT AIRCRAFT 

041 C–5 ....................................................................................................... 6,967 6,967 

043 C–5M .................................................................................................... 944,819 879,819 

Inflation adjustment and installation efficiencies .................... [–65,000 ] 

044 ADVANCE PROCUREMENT (CY) ............................................... 175,800 175,800 

046 C–17A .................................................................................................. 205,079 205,079 

047 C–21 ..................................................................................................... 199 199 

048 C–32A .................................................................................................. 1,750 1,750 

049 C–37A .................................................................................................. 445 445 

TRAINER AIRCRAFT 

051 GLIDER MODS .................................................................................. 126 126 

052 T–6 ....................................................................................................... 15,494 15,494 


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PUBLIC LAW 112–239—JAN. 2, 2013 126 STAT. 2245 

SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2013 

Request 

Conference 

Authorized 

053 T–1 ....................................................................................................... 272 272 

054 T–38 ..................................................................................................... 20,455 20,455 

OTHER AIRCRAFT 

056 U–2 MODS .......................................................................................... 44,477 44,477 

057 KC–10A (ATCA) .................................................................................. 46,921 46,921 

058 C–12 ..................................................................................................... 1,876 1,876 

059 MC–12W .............................................................................................. 17,054 17,054 

060 C–20 MODS ........................................................................................ 243 243 

061 VC–25A MOD ...................................................................................... 11,185 11,185 

062 C–40 ..................................................................................................... 243 243 

063 C–130 ................................................................................................... 67,853 67,853 

065 C–130J MODS .................................................................................... 70,555 70,555 

066 C–135 ................................................................................................... 46,707 46,707 

067 COMPASS CALL MODS .................................................................... 50,024 50,024 

068 RC–135 ................................................................................................ 165,237 165,237 

069 E–3 ....................................................................................................... 193,099 193,099 

070 E–4 ....................................................................................................... 47,616 47,616 

071 E–8 ....................................................................................................... 59,320 59,320 

072 H–1 ....................................................................................................... 5,449 5,449 

073 H–60 ..................................................................................................... 26,227 26,227 

074 RQ–4 MODS ........................................................................................ 9,257 9,257 

075 HC/MC–130 MODIFICATIONS ........................................................ 22,326 22,326 

076 OTHER AIRCRAFT ............................................................................ 18,832 18,832 

077 MQ–1 MODS ....................................................................................... 30,861 30,861 

078 MQ–9 MODS ....................................................................................... 238,360 238,360 

079 MQ–9 UAS PAYLOADS ..................................................................... 93,461 93,461 

080 CV–22 MODS ...................................................................................... 23,881 23,881 

AIRCRAFT SPARES AND REPAIR PARTS 

081 INITIAL SPARES/REPAIR PARTS .................................................. 729,691 729,691 

COMMON SUPPORT EQUIPMENT 

082 AIRCRAFT REPLACEMENT SUPPORT EQUIP ............................ 56,542 56,542 

POST PRODUCTION SUPPORT 

083 A–10 ..................................................................................................... 5,100 5,100 

084 B–1 ....................................................................................................... 965 965 

086 B–2A .................................................................................................... 47,580 47,580 

088 KC–10A (ATCA) .................................................................................. 13,100 13,100 

089 C–17A .................................................................................................. 181,703 181,703 

090 C–130 ................................................................................................... 31,830 31,830 

091 C–135 ................................................................................................... 13,434 13,434 

092 F–15 ..................................................................................................... 2,363 2,363 

093 F–16 ..................................................................................................... 8,506 5,906 

Production line shutdown—excess to need ................................ [–2,600 ] 

096 OTHER AIRCRAFT ............................................................................ 9,522 9,522 

INDUSTRIAL PREPAREDNESS 

097 INDUSTRIAL RESPONSIVENESS .................................................. 20,731 20,731 

WAR CONSUMABLES 

098 WAR CONSUMABLES ...................................................................... 89,727 89,727 

OTHER PRODUCTION CHARGES 

099 OTHER PRODUCTION CHARGES .................................................. 842,392 842,392 

CLASSIFIED PROGRAMS 

103A CLASSIFIED PROGRAMS ................................................................ 20,164 20,164 

TOTAL AIRCRAFT PROCUREMENT, AIR FORCE ..... 11,002,999 11,279,599 

PROCUREMENT OF AMMUNITION, AIR FORCE 

ROCKETS 

001 ROCKETS ........................................................................................... 8,927 8,927 

CARTRIDGES 

002 CARTRIDGES ..................................................................................... 118,075 118,075 

BOMBS 

003 PRACTICE BOMBS ........................................................................... 32,393 32,393 

004 GENERAL PURPOSE BOMBS ......................................................... 163,467 163,467 

005 JOINT DIRECT ATTACK MUNITION ............................................ 101,921 101,921 

FLARE, IR MJU–7B 

006 CAD/PAD ............................................................................................. 43,829 43,829 

007 EXPLOSIVE ORDNANCE DISPOSAL (EOD) ................................. 7,515 7,515 

008 SPARES AND REPAIR PARTS ........................................................ 1,003 1,003 

009 MODIFICATIONS .............................................................................. 5,321 5,321 


dkrause on DSKHT7XVN1PROD with KATH
126 STAT. 2246 PUBLIC LAW 112–239—JAN. 2, 2013 

SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2013 

Request 

Conference 

Authorized 

010 ITEMS LESS THAN $5 MILLION ................................................... 5,066 5,066 

FUZES 

011 FLARES ............................................................................................... 46,010 46,010 

012 FUZES ................................................................................................. 36,444 36,444 

SMALL ARMS 

013 SMALL ARMS .................................................................................... 29,223 29,223 

TOTAL PROCUREMENT OF AMMUNITION, AIR 

FORCE.

599,194 599,194 

MISSILE PROCUREMENT, AIR FORCE 

MISSILE REPLACEMENT EQUIPMENT—BALLISTIC 

001 MISSILE REPLACEMENT EQ-BALLISTIC ................................... 56,906 56,906 

TACTICAL 

002 JASSM ................................................................................................. 240,399 240,399 

003 SIDEWINDER (AIM–9X) ................................................................... 88,020 88,020 

004 AMRAAM ............................................................................................ 229,637 206,937 

Missile unit cost adjustment ...................................................... [–22,700 ] 

005 PREDATOR HELLFIRE MISSILE ................................................... 47,675 47,675 

006 SMALL DIAMETER BOMB .............................................................. 42,000 42,000 

INDUSTRIAL FACILITIES 

007 INDUSTR’L PREPAREDNS/POL PREVENTION ........................... 744 744 

CLASS IV 

009 MM III MODIFICATIONS ................................................................. 54,794 54,794 

010 AGM–65D MAVERICK ...................................................................... 271 271 

011 AGM–88A HARM ............................................................................... 23,240 23,240 

012 AIR LAUNCH CRUISE MISSILE (ALCM) ...................................... 13,620 13,620 

013 SMALL DIAMETER BOMB .............................................................. 5,000 5,000 

MISSILE SPARES AND REPAIR PARTS 

014 INITIAL SPARES/REPAIR PARTS .................................................. 74,373 74,373 

SPACE PROGRAMS 

015 ADVANCED EHF ............................................................................... 557,205 547,205 

Schedule Delay Due to Late AP Award ..................................... [–10,000 ] 

017 WIDEBAND GAPFILLER SATELLITES(SPACE) .......................... 36,835 36,835 

019 GPS III SPACE SEGMENT ............................................................... 410,294 410,294 

020 ADVANCE PROCUREMENT (CY) ............................................... 82,616 82,616 

021 SPACEBORNE EQUIP (COMSEC) .................................................. 10,554 10,554 

022 GLOBAL POSITIONING (SPACE) ................................................... 58,147 58,147 

023 DEF METEOROLOGICAL SAT PROG(SPACE) ............................. 89,022 89,022 

024 EVOLVED EXPENDABLE LAUNCH VEH(SPACE) ...................... 1,679,856 1,679,856 

025 SBIR HIGH (SPACE) ......................................................................... 454,251 454,251 

SPECIAL PROGRAMS 

030 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 5,459,146 

OTHER PROCUREMENT, AIR FORCE 

PASSENGER CARRYING VEHICLES 

001 PASSENGER CARRYING VEHICLES ............................................ 1,905 1,905 

CARGO AND UTILITY VEHICLES 

002 MEDIUM TACTICAL VEHICLE ...................................................... 18,547 18,547 

003 CAP VEHICLES ................................................................................. 932 932 

004 ITEMS LESS THAN $5 MILLION ................................................... 1,699 1,699 

SPECIAL PURPOSE VEHICLES 

005 SECURITY AND TACTICAL VEHICLES ........................................ 10,850 10,850 

006 ITEMS LESS THAN $5 MILLION ................................................... 9,246 9,246 

FIRE FIGHTING EQUIPMENT 

007 FIRE FIGHTING/CRASH RESCUE VEHICLES ............................ 23,148 23,148 

MATERIALS HANDLING EQUIPMENT 

008 ITEMS LESS THAN $5 MILLION ................................................... 18,323 18,323 

BASE MAINTENANCE SUPPORT 

009 RUNWAY SNOW REMOV AND CLEANING EQU ........................ 1,685 1,685 

010 ITEMS LESS THAN $5 MILLION ................................................... 17,014 17,014 

COMM SECURITY EQUIPMENT(COMSEC) 

012 COMSEC EQUIPMENT ..................................................................... 166,559 166,559 

013 MODIFICATIONS (COMSEC) .......................................................... 1,133 1,133 

INTELLIGENCE PROGRAMS 


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PUBLIC LAW 112–239—JAN. 2, 2013 126 STAT. 2247 

SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2013 

Request 

Conference 

Authorized 

014 INTELLIGENCE TRAINING EQUIPMENT ................................... 2,749 2,749 

015 INTELLIGENCE COMM EQUIPMENT .......................................... 32,876 32,876 

016 ADVANCE TECH SENSORS ............................................................ 877 877 

017 MISSION PLANNING SYSTEMS .................................................... 15,295 15,295 

ELECTRONICS PROGRAMS 

018 AIR TRAFFIC CONTROL & LANDING SYS .................................. 21,984 21,984 

019 NATIONAL AIRSPACE SYSTEM .................................................... 30,698 30,698 

020 BATTLE CONTROL SYSTEM—FIXED ........................................... 17,368 17,368 

021 THEATER AIR CONTROL SYS IMPROVEMENTS ....................... 23,483 23,483 

022 WEATHER OBSERVATION FORECAST ........................................ 17,864 17,864 

023 STRATEGIC COMMAND AND CONTROL ..................................... 53,995 34,995 

Early to need ................................................................................ [–19,000 ] 

024 CHEYENNE MOUNTAIN COMPLEX ............................................. 14,578 14,578 

025 TAC SIGINT SPT ............................................................................... 208 208 

SPCL COMM-ELECTRONICS PROJECTS 

027 GENERAL INFORMATION TECHNOLOGY .................................. 69,743 69,743 

028 AF GLOBAL COMMAND & CONTROL SYS .................................. 15,829 63,029 

Add MQ–1/9 RSO--SOC Procurement ....................................... [9,900 ] 

Establish ANG Targeting Unit--Workstation Procurement ..... [37,300 ] 

029 MOBILITY COMMAND AND CONTROL ....................................... 11,023 11,023 

030 AIR FORCE PHYSICAL SECURITY SYSTEM ............................... 64,521 64,521 

031 COMBAT TRAINING RANGES ........................................................ 18,217 18,217 

032 C3 COUNTERMEASURES ................................................................ 11,899 11,899 

033 GCSS-AF FOS ..................................................................................... 13,920 13,920 

034 THEATER BATTLE MGT C2 SYSTEM ........................................... 9,365 9,365 

035 AIR & SPACE OPERATIONS CTR-WPN SYS ................................ 33,907 33,907 

AIR FORCE COMMUNICATIONS 

036 INFORMATION TRANSPORT SYSTEMS ....................................... 52,464 52,464 

038 AFNET ................................................................................................. 125,788 125,788 

039 VOICE SYSTEMS ............................................................................... 16,811 16,811 

040 USCENTCOM ..................................................................................... 32,138 32,138 

DISA PROGRAMS 

041 SPACE BASED IR SENSOR PGM SPACE ...................................... 47,135 47,135 

042 NAVSTAR GPS SPACE ..................................................................... 2,031 2,031 

043 NUDET DETECTION SYS SPACE .................................................. 5,564 5,564 

044 AF SATELLITE CONTROL NETWORK SPACE ............................ 44,219 44,219 

045 SPACELIFT RANGE SYSTEM SPACE ........................................... 109,545 109,545 

046 MILSATCOM SPACE ......................................................................... 47,592 47,592 

047 SPACE MODS SPACE ....................................................................... 47,121 47,121 

048 COUNTERSPACE SYSTEM .............................................................. 20,961 20,961 

ORGANIZATION AND BASE 

049 TACTICAL C-E EQUIPMENT .......................................................... 126,131 126,131 

050 COMBAT SURVIVOR EVADER LOCATER .................................... 23,707 23,707 

051 RADIO EQUIPMENT ......................................................................... 12,757 12,757 

052 CCTV/AUDIOVISUAL EQUIPMENT ............................................... 10,716 10,716 

053 BASE COMM INFRASTRUCTURE .................................................. 74,528 74,528 

MODIFICATIONS 

054 COMM ELECT MODS ....................................................................... 43,507 43,507 

PERSONAL SAFETY & RESCUE EQUIP 

055 NIGHT VISION GOGGLES ............................................................... 22,693 22,693 

056 ITEMS LESS THAN $5 MILLION ................................................... 30,887 30,887 

DEPOT PLANT+MTRLS HANDLING EQ 

057 MECHANIZED MATERIAL HANDLING EQUIP ........................... 2,850 2,850 

BASE SUPPORT EQUIPMENT 

058 BASE PROCURED EQUIPMENT .................................................... 8,387 8,387 

059 CONTINGENCY OPERATIONS ....................................................... 10,358 10,358 

060 PRODUCTIVITY CAPITAL INVESTMENT .................................... 3,473 3,473 

062 MOBILITY EQUIPMENT .................................................................. 14,471 14,471 

063 ITEMS LESS THAN $5 MILLION ................................................... 1,894 1,894 

SPECIAL SUPPORT PROJECTS 

065 DARP RC135 ....................................................................................... 24,176 24,176 

066 DCGS-AF ............................................................................................. 142,928 142,928 

068 SPECIAL UPDATE PROGRAM ........................................................ 479,446 479,446 

069 DEFENSE SPACE RECONNAISSANCE PROG. ............................ 39,155 39,155 

CLASSIFIED PROGRAMS 

069A CLASSIFIED PROGRAMS ................................................................ 14,331,312 14,331,312 

SPARES AND REPAIR PARTS 


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126 STAT. 2248 PUBLIC LAW 112–239—JAN. 2, 2013 

SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2013 

Request 

Conference 

Authorized 

071 SPARES AND REPAIR PARTS ........................................................ 14,663 14,663 

TOTAL OTHER PROCUREMENT, AIR FORCE ............ 16,720,848 16,749,048 

PROCUREMENT, DEFENSE-WIDE 

MAJOR EQUIPMENT, DCAA 

002 ITEMS LESS THAN $5 MILLION ................................................... 1,486 1,486 

MAJOR EQUIPMENT, DCMA 

003 MAJOR EQUIPMENT ....................................................................... 2,129 2,129 

MAJOR EQUIPMENT, DHRA 

005 PERSONNEL ADMINISTRATION ................................................... 6,147 6,147 

MAJOR EQUIPMENT, DISA 

012 INFORMATION SYSTEMS SECURITY .......................................... 12,708 12,708 

014 GLOBAL COMBAT SUPPORT SYSTEM ......................................... 3,002 3,002 

015 TELEPORT PROGRAM ..................................................................... 46,992 46,992 

016 ITEMS LESS THAN $5 MILLION ................................................... 108,462 108,462 

017 NET CENTRIC ENTERPRISE SERVICES (NCES) ....................... 2,865 2,865 

018 DEFENSE INFORMATION SYSTEM NETWORK ......................... 116,906 116,906 

019 PUBLIC KEY INFRASTRUCTURE ................................................. 1,827 1,827 

021 CYBER SECURITY INITIATIVE ..................................................... 10,319 10,319 

MAJOR EQUIPMENT, DLA 

022 MAJOR EQUIPMENT ....................................................................... 9,575 9,575 

MAJOR EQUIPMENT, DMACT 

023 MAJOR EQUIPMENT ....................................................................... 15,179 15,179 

MAJOR EQUIPMENT, DODEA 

024 AUTOMATION/EDUCATIONAL SUPPORT & LOGISTICS ......... 1,458 1,458 

MAJOR EQUIPMENT, DSS 

026 MAJOR EQUIPMENT ....................................................................... 2,522 2,522 

MAJOR EQUIPMENT, DEFENSE THREAT REDUCTION 

AGENCY 

027 VEHICLES .......................................................................................... 50 50 

028 OTHER MAJOR EQUIPMENT ......................................................... 13,096 13,096 

MAJOR EQUIPMENT, MISSILE DEFENSE AGENCY 

030 THAAD ................................................................................................ 460,728 460,728 

031 AEGIS BMD ........................................................................................ 389,626 389,626 

032 BMDS AN/TPY–2 RADARS ............................................................... 217,244 380,244 

Procure additional AN/TPY–2 radar .......................................... [163,000 ] 

033 RADAR SPARES ................................................................................ 10,177 10,177 

MAJOR EQUIPMENT, NSA 

041 INFORMATION SYSTEMS SECURITY PROGRAM (ISSP) .......... 6,770 6,770 

MAJOR EQUIPMENT, OSD 

042 MAJOR EQUIPMENT, OSD ............................................................. 45,938 45,938 

043 MAJOR EQUIPMENT, INTELLIGENCE ........................................ 17,582 17,582 

MAJOR EQUIPMENT, TJS 

044 MAJOR EQUIPMENT, TJS ............................................................... 21,878 21,878 

MAJOR EQUIPMENT, WHS 

045 MAJOR EQUIPMENT, WHS ............................................................ 26,550 26,550 

CLASSIFIED PROGRAMS 

045A CLASSIFIED PROGRAMS ................................................................ 555,787 555,787 

AVIATION PROGRAMS 

046 ROTARY WING UPGRADES AND SUSTAINMENT ..................... 74,832 74,832 

048 MH–60 MODERNIZATION PROGRAM ........................................... 126,780 126,780 

049 NON-STANDARD AVIATION ........................................................... 99,776 37,000 

Transfer to Line 051—Mission Shift .......................................... [–62,776 ] 

051 U–28 ..................................................................................................... 7,530 116,906 

Transfer from Line 049—Mission Shift ..................................... [62,776 ] 

USSOCOM UFR .......................................................................... [46,600 ] 

052 MH–47 CHINOOK .............................................................................. 134,785 134,785 

053 RQ–11 UNMANNED AERIAL VEHICLE ........................................ 2,062 2,062 

054 CV–22 MODIFICATION .................................................................... 139,147 139,147 

055 MQ–1 UNMANNED AERIAL VEHICLE ......................................... 3,963 26,963 

USSOCOM UFR .......................................................................... [23,000 ] 

056 MQ–9 UNMANNED AERIAL VEHICLE ......................................... 3,952 39,352 

USSOCOM UFR .......................................................................... [35,400 ] 

058 STUASL0 ............................................................................................. 12,945 12,945 

059 PRECISION STRIKE PACKAGE ..................................................... 73,013 73,013 

060 AC/MC–130J ....................................................................................... 51,484 51,484 

062 C–130 MODIFICATIONS .................................................................. 25,248 25,248 


dkrause on DSKHT7XVN1PROD with KATH
PUBLIC LAW 112–239—JAN. 2, 2013 126 STAT. 2249 

SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2013 

Request 

Conference 

Authorized 

063 AIRCRAFT SUPPORT ....................................................................... 5,314 5,314 

SHIPBUILDING 

064 UNDERWATER SYSTEMS ............................................................... 23,037 15,037 

Transfer to RDDW Line 272 at USSOCOM request ................ [–8,000 ] 

AMMUNITION PROGRAMS 

066 ORDNANCE REPLENISHMENT ..................................................... 113,183 113,183 

067 ORDNANCE ACQUISITION ............................................................. 36,981 36,981 

OTHER PROCUREMENT PROGRAMS 

068 COMMUNICATIONS EQUIPMENT AND ELECTRONICS .......... 99,838 103,738 

USSOCOM UFR .......................................................................... [3,900 ] 

069 INTELLIGENCE SYSTEMS ............................................................. 71,428 71,428 

070 SMALL ARMS AND WEAPONS ....................................................... 27,108 27,108 

071 DISTRIBUTED COMMON GROUND/SURFACE SYSTEMS ........ 12,767 15,967 

USSOCOM UFR .......................................................................... [3,200 ] 

074 COMBATANT CRAFT SYSTEMS .................................................... 42,348 42,348 

075 SPARES AND REPAIR PARTS ........................................................ 600 600 

077 TACTICAL VEHICLES ...................................................................... 37,421 37,421 

078 MISSION TRAINING AND PREPARATION SYSTEMS ............... 36,949 41,949 

USSOCOM UFR .......................................................................... [5,000 ] 

079 COMBAT MISSION REQUIREMENTS ........................................... 20,255 26,255 

AC–130 electro-optical and infrared sensors ............................. [6,000 ] 

080 MILCON COLLATERAL EQUIPMENT ........................................... 17,590 17,590 

082 AUTOMATION SYSTEMS ................................................................ 66,573 66,573 

083 GLOBAL VIDEO SURVEILLANCE ACTIVITIES .......................... 6,549 6,549 

084 OPERATIONAL ENHANCEMENTS INTELLIGENCE ................. 32,335 32,335 

085 SOLDIER PROTECTION AND SURVIVAL SYSTEMS ................. 15,153 15,153 

086 VISUAL AUGMENTATION LASERS AND SENSOR SYSTEMS 33,920 33,920 

087 TACTICAL RADIO SYSTEMS .......................................................... 75,132 75,132 

090 MISCELLANEOUS EQUIPMENT .................................................... 6,667 6,667 

091 OPERATIONAL ENHANCEMENTS ................................................ 217,972 243,272 

USSOCOM UFR .......................................................................... [25,300 ] 

092 MILITARY INFORMATION SUPPORT OPERATIONS ................. 27,417 27,417 

CBDP 

093 INSTALLATION FORCE PROTECTION ........................................ 24,025 24,025 

094 INDIVIDUAL PROTECTION ............................................................ 73,720 73,720 

095 DECONTAMINATION ....................................................................... 506 506 

096 JOINT BIO DEFENSE PROGRAM (MEDICAL) ............................. 32,597 32,597 

097 COLLECTIVE PROTECTION ........................................................... 3,144 3,144 

098 CONTAMINATION AVOIDANCE .................................................... 164,886 164,886 

TOTAL PROCUREMENT, DEFENSE-WIDE ................... 4,187,935 4,491,335 

JOINT URGENT OPERATIONAL NEEDS FUND 

JOINT URGENT OPERATIONAL NEEDS FUND 

001 JOINT URGENT OPERATIONAL NEEDS FUND ......................... 99,477 0 

Program reduction ....................................................................... [–99,477 ] 

TOTAL JOINT URGENT OPERATIONAL NEEDS 

FUND.

99,477 0 

NATIONAL GUARD & RESERVE EQUIPMENT 

UNDISTRIBUTED 

999 MISCELLANEOUS EQUIPMENT .................................................... 150,000 

Program increase ......................................................................... [150,000 ] 

TOTAL NATIONAL GUARD & RESERVE EQUIPMENT.150,000 

TOTAL PROCUREMENT .................................................... 97,432,379 98,398,230 

SEC. 4102. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS. 

SEC. 4102. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Line Item FY 2013 

Request 

Conference 

Authorized 

AIRCRAFT PROCUREMENT, ARMY 


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126 STAT. 2250 PUBLIC LAW 112–239—JAN. 2, 2013 

SEC. 4102. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Line Item FY 2013 

Request 

Conference 

Authorized 

ROTARY 

009 AH–64 APACHE BLOCK IIIB NEW BUILD ................................... 71,000 71,000 

012 KIOWA WARRIOR (OH–58F) WRA ................................................. 183,900 183,900 

015 CH–47 HELICOPTER ........................................................................ 231,300 231,300 

TOTAL AIRCRAFT PROCUREMENT, ARMY ................ 486,200 486,200 

MISSILE PROCUREMENT, ARMY 

AIR-TO-SURFACE MISSILE SYSTEM 

004 HELLFIRE SYS SUMMARY ............................................................. 29,100 29,100 

ANTI-TANK/ASSAULT MISSILE SYS 

008 GUIDED MLRS ROCKET (GMLRS) ................................................ 20,553 20,553 

TOTAL MISSILE PROCUREMENT, ARMY .................... 49,653 49,653 

PROCUREMENT OF W&TCV, ARMY 

MOD OF WEAPONS AND OTHER COMBAT VEH 

036 M16 RIFLE MODS ............................................................................. 15,422 15,422 

TOTAL PROCUREMENT OF W&TCV, ARMY ............... 15,422 15,422 

PROCUREMENT OF AMMUNITION, ARMY 

SMALL/MEDIUM CAL AMMUNITION 

003 CTG, HANDGUN, ALL TYPES ......................................................... 1,500 1,500 

004 CTG, .50 CAL, ALL TYPES ............................................................... 10,000 10,000 

007 CTG, 30MM, ALL TYPES .................................................................. 80,000 61,000 

Pricing adjustments for target practice round and lightweight dual purpose round.[–19,000 ] 

MORTAR AMMUNITION 

009 60MM MORTAR, ALL TYPES .......................................................... 14,000 14,000 

010 81MM MORTAR, ALL TYPES .......................................................... 6,000 6,000 

011 120MM MORTAR, ALL TYPES ........................................................ 56,000 56,000 

ARTILLERY AMMUNITION 

013 ARTILLERY CARTRIDGES, 75MM AND 105MM, ALL TYP ....... 29,956 29,956 

014 ARTILLERY PROJECTILE, 155MM, ALL TYPES ......................... 37,044 37,044 

015 PROJ 155MM EXTENDED RANGE XM982 ................................... 12,300 12,300 

016 ARTILLERY PROPELLANTS, FUZES AND PRIMERS, ALL ....... 17,000 17,000 

MINES 

017 MINES & CLEARING CHARGES, ALL TYPES ............................. 12,000 12,000 

ROCKETS 

020 ROCKET, HYDRA 70, ALL TYPES .................................................. 63,635 63,635 

OTHER AMMUNITION 

023 SIGNALS, ALL TYPES ...................................................................... 16,858 16,858 

MISCELLANEOUS 

028 ITEMS LESS THAN $5 MILLION ................................................... 1,200 1,200 

TOTAL PROCUREMENT OF AMMUNITION, ARMY .. 357,493 338,493 

OTHER PROCUREMENT, ARMY 

TACTICAL VEHICLES 

002 FAMILY OF MEDIUM TACTICAL VEH (FMTV) .......................... 28,247 28,247 

004 FAMILY OF HEAVY TACTICAL VEHICLES (FHTV) ................... 2,050 2,050 

011 HMMWV RECAPITALIZATION PROGRAM .................................. 271,000 271,000 

014 MINE-RESISTANT AMBUSH-PROTECTED (MRAP) MODS ....... 927,400 927,400 

COMM—INTELLIGENCE COMM 

052 RESERVE CA/MISO GPF EQUIPMENT ......................................... 8,000 8,000 

COMM—BASE COMMUNICATIONS 

061 INSTALLATION INFO INFRASTRUCTURE MOD PROGRAM( .. 25,000 65,000 

Transfer from OMA OCO at SOUTHCOM request .................. [40,000 ] 

ELECT EQUIP—TACT INT REL ACT (TIARA) 

069 DCGS-A (MIP) .................................................................................... 90,355 90,355 

073 CI HUMINT AUTO REPRINTING AND COLLECTION ............... 6,516 6,516 

ELECT EQUIP—ELECTRONIC WARFARE (EW) 

075 LIGHTWEIGHT COUNTER MORTAR RADAR .............................. 27,646 27,646 

077 FMLY OF PERSISTENT SURVEILLANCE CAPABILITIES ........ 52,000 52,000 

078 COUNTERINTELLIGENCE/SECURITY COUNTERMEASURES 205,209 205,209 

ELECT EQUIP—TACTICAL SURV. (TAC SURV) 

092 MOD OF IN-SVC EQUIP (FIREFINDER RADARS) ...................... 14,600 14,600 

099 COUNTERFIRE RADARS ................................................................. 54,585 54,585 

ELECT EQUIP—TACTICAL C2 SYSTEMS 

102 FIRE SUPPORT C2 FAMILY ............................................................ 22,430 22,430 


dkrause on DSKHT7XVN1PROD with KATH
PUBLIC LAW 112–239—JAN. 2, 2013 126 STAT. 2251 

SEC. 4102. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Line Item FY 2013 

Request 

Conference 

Authorized 

103 BATTLE COMMAND SUSTAINMENT SUPPORT SYSTEM ........ 2,400 2,400 

112 MANEUVER CONTROL SYSTEM (MCS) ....................................... 6,400 6,400 

113 SINGLE ARMY LOGISTICS ENTERPRISE (SALE) ...................... 5,160 5,160 

CHEMICAL DEFENSIVE EQUIPMENT 

126 FAMILY OF NON-LETHAL EQUIPMENT (FNLE) ....................... 15,000 15,000 

127 BASE DEFENSE SYSTEMS (BDS) .................................................. 66,100 66,100 

ENGINEER (NON-CONSTRUCTION) EQUIPMENT 

135 EXPLOSIVE ORDNANCE DISPOSAL EQPMT (EOD EQPMT) ... 3,565 3,565 

COMBAT SERVICE SUPPORT EQUIPMENT 

143 FORCE PROVIDER ........................................................................... 39,700 39,700 

145 CARGO AERIAL DEL & PERSONNEL PARACHUTE SYSTEM 650 650 

PETROLEUM EQUIPMENT 

149 DISTRIBUTION SYSTEMS, PETROLEUM & WATER ................. 2,119 2,119 

MAINTENANCE EQUIPMENT 

152 MOBILE MAINTENANCE EQUIPMENT SYSTEMS .................... 428 428 

153 ITEMS LESS THAN $5 MILLION (MAINT EQ) ............................ 30 30 

TRAINING EQUIPMENT 

175 COMBAT TRAINING CENTERS SUPPORT ................................... 7,000 7,000 

176 TRAINING DEVICES, NONSYSTEM .............................................. 27,250 27,250 

178 AVIATION COMBINED ARMS TACTICAL TRAINER .................. 1,000 1,000 

179 GAMING TECHNOLOGY IN SUPPORT OF ARMY TRAINING .. 5,900 5,900 

OTHER SUPPORT EQUIPMENT 

183 RAPID EQUIPPING SOLDIER SUPPORT EQUIPMENT ............. 98,167 118,167 

Rapid equipping force delayed execution rates ......................... [–10,000 ] 

Solar power units ........................................................................ [30,000 ] 

TOTAL OTHER PROCUREMENT, ARMY ...................... 2,015,907 2,075,907 

JOINT IMPR EXPLOSIVE DEV DEFEAT FUND 

NETWORK ATTACK 

001 ATTACK THE NETWORK ................................................................ 950,500 925,000 

Program decrease—under execution .......................................... [–25,500 ] 

JIEDDO DEVICE DEFEAT 

002 DEFEAT THE DEVICE ..................................................................... 400,000 375,000 

Program decrease—under execution & program delays .......... [–25,000 ] 

FORCE TRAINING 

003 TRAIN THE FORCE .......................................................................... 149,500 144,500 

Program decrease—under execution & program delays .......... [–5,000 ] 

STAFF AND INFRASTRUCTURE 

004 OPERATIONS ..................................................................................... 175,400 397,814 

Program decrease—under execution & program delays .......... [–5,000 ] 

Transfer from title 1 .................................................................... [227,414 ] 

TOTAL JOINT IMPR EXPLOSIVE DEV DEFEAT 

FUND.

1,675,400 1,842,314 

AIRCRAFT PROCUREMENT, NAVY 

COMBAT AIRCRAFT 

011 H–1 UPGRADES (UH–1Y/AH–1Z) ................................................... 29,800 29,800 

MODIFICATION OF AIRCRAFT 

030 AV–8 SERIES ..................................................................................... 42,238 42,238 

032 F–18 SERIES ...................................................................................... 41,243 41,243 

035 H–53 SERIES ...................................................................................... 15,870 15,870 

038 EP–3 SERIES ...................................................................................... 13,030 13,030 

043 C–130 SERIES .................................................................................... 16,737 16,737 

048 SPECIAL PROJECT AIRCRAFT ...................................................... 2,714 2,714 

054 COMMON AVIONICS CHANGES .................................................... 570 570 

AIRCRAFT SUPPORT EQUIP & FACILITIES 

062 COMMON GROUND EQUIPMENT ................................................. 2,380 2,380 

TOTAL AIRCRAFT PROCUREMENT, NAVY ................. 164,582 164,582 

WEAPONS PROCUREMENT, NAVY 

TACTICAL MISSILES 

009 HELLFIRE .......................................................................................... 17,000 17,000 

010 STAND OFF PRECISION GUIDED MUNITIONS (SOPGM) ........ 6,500 6,500 

TOTAL WEAPONS PROCUREMENT, NAVY ................. 23,500 23,500 

PROCUREMENT OF AMMO, NAVY & MC 

NAVY AMMUNITION 


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126 STAT. 2252 PUBLIC LAW 112–239—JAN. 2, 2013 

SEC. 4102. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Line Item FY 2013 

Request 

Conference 

Authorized 

001 GENERAL PURPOSE BOMBS ......................................................... 18,000 18,000 

002 AIRBORNE ROCKETS, ALL TYPES ............................................... 80,200 80,200 

003 MACHINE GUN AMMUNITION ...................................................... 21,500 21,500 

006 AIR EXPENDABLE COUNTERMEASURES .................................. 20,303 20,303 

011 OTHER SHIP GUN AMMUNITION ................................................ 532 532 

012 SMALL ARMS & LANDING PARTY AMMO .................................. 2,643 2,643 

013 PYROTECHNIC AND DEMOLITION .............................................. 2,322 2,322 

014 AMMUNITION LESS THAN $5 MILLION ..................................... 6,308 6,308 

MARINE CORPS AMMUNITION 

015 SMALL ARMS AMMUNITION ......................................................... 10,948 10,948 

016 LINEAR CHARGES, ALL TYPES .................................................... 9,940 9,940 

017 40 MM, ALL TYPES ........................................................................... 5,963 5,963 

020 120MM, ALL TYPES .......................................................................... 11,605 11,605 

021 CTG 25MM, ALL TYPES ................................................................... 2,831 2,831 

022 GRENADES, ALL TYPES ................................................................. 2,359 2,359 

023 ROCKETS, ALL TYPES .................................................................... 3,051 3,051 

024 ARTILLERY, ALL TYPES ................................................................. 54,886 54,886 

025 DEMOLITION MUNITIONS, ALL TYPES ...................................... 1,391 1,391 

026 FUZE, ALL TYPES ............................................................................ 30,945 30,945 

027 NON LETHALS .................................................................................. 8 8 

029 ITEMS LESS THAN $5 MILLION ................................................... 12 12 

TOTAL PROCUREMENT OF AMMO, NAVY & MC ...... 285,747 285,747 

OTHER PROCUREMENT, NAVY 

OTHER SHORE ELECTRONIC EQUIPMENT 

070 TACTICAL/MOBILE C4I SYSTEMS ................................................ 3,603 3,603 

AIRCRAFT SUPPORT EQUIPMENT 

097 EXPEDITIONARY AIRFIELDS ........................................................ 58,200 58,200 

CIVIL ENGINEERING SUPPORT EQUIPMENT 

127 PASSENGER CARRYING VEHICLES ............................................ 3,901 3,901 

128 GENERAL PURPOSE TRUCKS ....................................................... 852 852 

129 CONSTRUCTION & MAINTENANCE EQUIP ............................... 2,436 2,436 

130 FIRE FIGHTING EQUIPMENT ....................................................... 3,798 3,798 

131 TACTICAL VEHICLES ...................................................................... 13,394 13,394 

134 ITEMS UNDER $5 MILLION ........................................................... 375 375 

COMMAND SUPPORT EQUIPMENT 

149 C4ISR EQUIPMENT .......................................................................... 3,000 3,000 

151 PHYSICAL SECURITY EQUIPMENT ............................................. 9,323 9,323 

TOTAL OTHER PROCUREMENT, NAVY ....................... 98,882 98,882 

PROCUREMENT, MARINE CORPS 

TRACKED COMBAT VEHICLES 

002 LAV PIP .............................................................................................. 10,000 10,000 

ARTILLERY AND OTHER WEAPONS 

005 HIGH MOBILITY ARTILLERY ROCKET SYSTEM ....................... 108,860 108,860 

GUIDED MISSILES 

010 JAVELIN ............................................................................................. 29,158 29,158 

OTHER SUPPORT 

013 MODIFICATION KITS ...................................................................... 41,602 41,602 

REPAIR AND TEST EQUIPMENT 

015 REPAIR AND TEST EQUIPMENT .................................................. 13,632 13,632 

OTHER SUPPORT (TEL) 

017 MODIFICATION KITS ...................................................................... 2,831 2,831 

COMMAND AND CONTROL SYSTEM (NON-TEL) 

019 AIR OPERATIONS C2 SYSTEMS .................................................... 15,575 15,575 

RADAR + EQUIPMENT (NON-TEL) 

020 RADAR SYSTEMS ............................................................................. 8,015 8,015 

INTELL/COMM EQUIPMENT (NON-TEL) 

023 INTELLIGENCE SUPPORT EQUIPMENT ..................................... 35,310 35,310 

OTHER COMM/ELEC EQUIPMENT (NON-TEL) 

029 NIGHT VISION EQUIPMENT ......................................................... 652 652 

OTHER SUPPORT (NON-TEL) 

030 COMMON COMPUTER RESOURCES ............................................ 19,807 19,807 

032 RADIO SYSTEMS .............................................................................. 36,482 36,482 

033 COMM SWITCHING & CONTROL SYSTEMS ............................... 41,295 41,295 

TACTICAL VEHICLES 

039 MEDIUM TACTICAL VEHICLE REPLACEMENT ........................ 10,466 10,466 


dkrause on DSKHT7XVN1PROD with KATH
PUBLIC LAW 112–239—JAN. 2, 2013 126 STAT. 2253 

SEC. 4102. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Line Item FY 2013 

Request 

Conference 

Authorized 

041 FAMILY OF TACTICAL TRAILERS ................................................ 7,642 7,642 

ENGINEER AND OTHER EQUIPMENT 

045 BULK LIQUID EQUIPMENT ........................................................... 18,239 18,239 

046 TACTICAL FUEL SYSTEMS ............................................................ 51,359 51,359 

047 POWER EQUIPMENT ASSORTED ................................................. 20,247 20,247 

049 EOD SYSTEMS .................................................................................. 362,658 362,658 

MATERIALS HANDLING EQUIPMENT 

050 PHYSICAL SECURITY EQUIPMENT ............................................. 55,500 55,500 

052 MATERIAL HANDLING EQUIP ...................................................... 19,100 19,100 

GENERAL PROPERTY 

054 FIELD MEDICAL EQUIPMENT ...................................................... 15,751 15,751 

055 TRAINING DEVICES ........................................................................ 3,602 3,602 

057 FAMILY OF CONSTRUCTION EQUIPMENT ................................ 15,900 15,900 

TOTAL PROCUREMENT, MARINE CORPS .................. 943,683 943,683 

AIRCRAFT PROCUREMENT, AIR FORCE 

STRATEGIC AIRCRAFT 

035 LARGE AIRCRAFT INFRARED COUNTERMEASURES .............. 139,800 139,800 

OTHER AIRCRAFT 

055 U–2 MODS .......................................................................................... 46,800 46,800 

063 C–130 ................................................................................................... 11,400 11,400 

067 COMPASS CALL MODS .................................................................... 14,000 14,000 

068 RC–135 ................................................................................................ 8,000 8,000 

075 HC/MC–130 MODIFICATIONS ........................................................ 4,700 4,700 

AIRCRAFT SPARES AND REPAIR PARTS 

081 INITIAL SPARES/REPAIR PARTS .................................................. 21,900 21,900 

OTHER PRODUCTION CHARGES 

099 OTHER PRODUCTION CHARGES .................................................. 59,000 59,000 

TOTAL AIRCRAFT PROCUREMENT, AIR FORCE ..... 305,600 305,600 

PROCUREMENT OF AMMUNITION, AIR FORCE 

CARTRIDGES 

002 CARTRIDGES ..................................................................................... 13,592 13,592 

BOMBS 

004 GENERAL PURPOSE BOMBS ......................................................... 23,211 23,211 

005 JOINT DIRECT ATTACK MUNITION ............................................ 53,923 53,923 

FLARE, IR MJU–7B 

006 CAD/PAD ............................................................................................. 2,638 2,638 

010 ITEMS LESS THAN $5 MILLION ................................................... 2,600 2,600 

FUZES 

011 FLARES ............................................................................................... 11,726 11,726 

012 FUZES ................................................................................................. 8,513 8,513 

TOTAL PROCUREMENT OF AMMUNITION, AIR 

FORCE.

116,203 116,203 

MISSILE PROCUREMENT, AIR FORCE 

TACTICAL 

005 PREDATOR HELLFIRE MISSILE ................................................... 34,350 34,350 

TOTAL MISSILE PROCUREMENT, AIR FORCE ......... 34,350 34,350 

OTHER PROCUREMENT, AIR FORCE 

CARGO AND UTILITY VEHICLES 

002 MEDIUM TACTICAL VEHICLE ...................................................... 2,010 2,010 

004 ITEMS LESS THAN $5 MILLION ................................................... 2,675 2,675 

SPECIAL PURPOSE VEHICLES 

006 ITEMS LESS THAN $5 MILLION ................................................... 2,557 2,557 

MATERIALS HANDLING EQUIPMENT 

008 ITEMS LESS THAN $5 MILLION ................................................... 4,329 4,329 

BASE MAINTENANCE SUPPORT 

009 RUNWAY SNOW REMOV AND CLEANING EQU ........................ 984 984 

010 ITEMS LESS THAN $5 MILLION ................................................... 9,120 9,120 

ELECTRONICS PROGRAMS 

022 WEATHER OBSERVATION FORECAST ........................................ 5,600 5,600 

SPCL COMM-ELECTRONICS PROJECTS 

027 GENERAL INFORMATION TECHNOLOGY .................................. 11,157 11,157 

ORGANIZATION AND BASE 

049 TACTICAL C-E EQUIPMENT .......................................................... 7,000 7,000 


dkrause on DSKHT7XVN1PROD with KATH
126 STAT. 2254 PUBLIC LAW 112–239—JAN. 2, 2013 

SEC. 4102. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Line Item FY 2013 

Request 

Conference 

Authorized 

053 BASE COMM INFRASTRUCTURE .................................................. 10,654 10,654 

MODIFICATIONS 

054 COMM ELECT MODS ....................................................................... 8,000 8,000 

PERSONAL SAFETY & RESCUE EQUIP 

055 NIGHT VISION GOGGLES ............................................................... 902 902 

BASE SUPPORT EQUIPMENT 

059 CONTINGENCY OPERATIONS ....................................................... 60,090 60,090 

062 MOBILITY EQUIPMENT .................................................................. 9,400 9,400 

063 ITEMS LESS THAN $5 MILLION ................................................... 9,175 9,175 

CLASSIFIED PROGRAMS 

069A CLASSIFIED PROGRAMS ................................................................ 2,672,317 2,672,317 

SPARES AND REPAIR PARTS 

071 SPARES AND REPAIR PARTS ........................................................ 2,300 2,300 

TOTAL OTHER PROCUREMENT, AIR FORCE ............ 2,818,270 2,818,270 

PROCUREMENT, DEFENSE-WIDE 

MAJOR EQUIPMENT, DISA 

015 TELEPORT PROGRAM ..................................................................... 5,260 5,260 

CLASSIFIED PROGRAMS 

045A CLASSIFIED PROGRAMS ................................................................ 126,201 126,201 

AVIATION PROGRAMS 

061 MQ–8 UAV .......................................................................................... 16,500 16,500 

OTHER PROCUREMENT PROGRAMS 

068 COMMUNICATIONS EQUIPMENT AND ELECTRONICS .......... 151 151 

069 INTELLIGENCE SYSTEMS ............................................................. 30,528 30,528 

077 TACTICAL VEHICLES ...................................................................... 1,843 1,843 

082 AUTOMATION SYSTEMS ................................................................ 1,000 1,000 

086 VISUAL AUGMENTATION LASERS AND SENSOR SYSTEMS 108 108 

091 OPERATIONAL ENHANCEMENTS ................................................ 14,758 14,758 

TOTAL PROCUREMENT, DEFENSE-WIDE ................... 196,349 196,349 

JOINT URGENT OPERATIONAL NEEDS FUND 

JOINT URGENT OPERATIONAL NEEDS FUND 

001 JOINT URGENT OPERATIONAL NEEDS FUND ......................... 100,000 0 

Program reduction ....................................................................... [–100,000 ] 

TOTAL JOINT URGENT OPERATIONAL NEEDS 

FUND.

100,000 0 

NATIONAL GUARD & RESERVE EQUIPMENT 

UNDISTRIBUTED 

999 MISCELLANEOUS EQUIPMENT .................................................... 350,000 

Program increase ......................................................................... [350,000 ] 

TOTAL NATIONAL GUARD & RESERVE EQUIPMENT.350,000 

TOTAL PROCUREMENT .................................................... 9,687,241 10,145,155 

TITLE XLII—RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

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

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

(In Thousands of Dollars) 

Line Program 

Element Item FY 2013 Request 

Conference 

Authorized 

RESEARCH, DEVELOPMENT, TEST & EVAL, 

ARMY 

BASIC RESEARCH 

001 0601101A IN-HOUSE LABORATORY INDEPENDENT RESEARCH 20,860 20,860 

002 0601102A DEFENSE RESEARCH SCIENCES .................................... 219,180 219,180 

003 0601103A UNIVERSITY RESEARCH INITIATIVES .......................... 80,986 80,986 


dkrause on DSKHT7XVN1PROD with KATH
PUBLIC LAW 112–239—JAN. 2, 2013 126 STAT. 2255 

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

(In Thousands of Dollars) 

Line Program 

Element Item FY 2013 Request 

Conference 

Authorized 

004 0601104A UNIVERSITY AND INDUSTRY RESEARCH CENTERS 123,045 123,045 

SUBTOTAL BASIC RESEARCH .................................. 444,071 444,071 

APPLIED RESEARCH 

005 0602105A MATERIALS TECHNOLOGY .............................................. 29,041 39,041 

Advanced coating technologies for corrosion mitigation.[10,000 ] 

006 0602120A SENSORS AND ELECTRONIC SURVIVABILITY ............ 45,260 45,260 

007 0602122A TRACTOR HIP ...................................................................... 22,439 22,439 

008 0602211A AVIATION TECHNOLOGY ................................................. 51,607 51,607 

009 0602270A ELECTRONIC WARFARE TECHNOLOGY ....................... 15,068 15,068 

010 0602303A MISSILE TECHNOLOGY .................................................... 49,383 49,383 

011 0602307A ADVANCED WEAPONS TECHNOLOGY .......................... 25,999 25,999 

012 0602308A ADVANCED CONCEPTS AND SIMULATION .................. 23,507 23,507 

013 0602601A COMBAT VEHICLE AND AUTOMOTIVE TECHNOLOGY.69,062 69,062 

014 0602618A BALLISTICS TECHNOLOGY .............................................. 60,823 60,823 

015 0602622A CHEMICAL, SMOKE AND EQUIPMENT DEFEATING 

TECHNOLOGY.

4,465 4,465 

016 0602623A JOINT SERVICE SMALL ARMS PROGRAM .................... 7,169 7,169 

017 0602624A WEAPONS AND MUNITIONS TECHNOLOGY ................ 35,218 35,218 

018 0602705A ELECTRONICS AND ELECTRONIC DEVICES ............... 60,300 60,300 

019 0602709A NIGHT VISION TECHNOLOGY ......................................... 53,244 53,244 

020 0602712A COUNTERMINE SYSTEMS ................................................ 18,850 18,850 

021 0602716A HUMAN FACTORS ENGINEERING TECHNOLOGY ...... 19,872 19,872 

022 0602720A ENVIRONMENTAL QUALITY TECHNOLOGY ................ 20,095 20,095 

023 0602782A COMMAND, CONTROL, COMMUNICATIONS TECHNOLOGY.28,852 28,852 

024 0602783A COMPUTER AND SOFTWARE TECHNOLOGY ............... 9,830 9,830 

025 0602784A MILITARY ENGINEERING TECHNOLOGY .................... 70,693 70,693 

026 0602785A MANPOWER/PERSONNEL/TRAINING TECHNOLOGY 17,781 17,781 

027 0602786A WARFIGHTER TECHNOLOGY .......................................... 28,281 28,281 

028 0602787A MEDICAL TECHNOLOGY .................................................. 107,891 107,891 

SUBTOTAL APPLIED RESEARCH ............................ 874,730 884,730 

ADVANCED TECHNOLOGY DEVELOPMENT 

029 0603001A WARFIGHTER ADVANCED TECHNOLOGY .................... 39,359 39,359 

030 0603002A MEDICAL ADVANCED TECHNOLOGY ............................ 69,580 69,580 

031 0603003A AVIATION ADVANCED TECHNOLOGY ........................... 64,215 64,215 

032 0603004A WEAPONS AND MUNITIONS ADVANCED TECHNOLOGY.67,613 67,613 

033 0603005A COMBAT VEHICLE AND AUTOMOTIVE ADVANCED 

TECHNOLOGY.

104,359 104,359 

034 0603006A COMMAND, CONTROL, COMMUNICATIONS ADVANCED TECHNOLOGY.4,157 4,157 

035 0603007A MANPOWER, PERSONNEL AND TRAINING ADVANCED TECHNOLOGY.9,856 9,856 

036 0603008A ELECTRONIC WARFARE ADVANCED TECHNOLOGY 50,661 50,661 

037 0603009A TRACTOR HIKE ................................................................... 9,126 9,126 

038 0603015A NEXT GENERATION TRAINING & SIMULATION SYSTEMS.17,257 17,257 

039 0603020A TRACTOR ROSE ................................................................... 9,925 9,925 

040 0603105A MILITARY HIV RESEARCH ............................................... 6,984 6,984 

041 0603125A COMBATING TERRORISM—TECHNOLOGY DEVELOPMENT.9,716 9,716 

042 0603130A TRACTOR NAIL .................................................................... 3,487 3,487 

043 0603131A TRACTOR EGGS ................................................................... 2,323 2,323 

044 0603270A ELECTRONIC WARFARE TECHNOLOGY ....................... 21,683 21,683 

045 0603313A MISSILE AND ROCKET ADVANCED TECHNOLOGY ... 71,111 71,111 

046 0603322A TRACTOR CAGE ................................................................... 10,902 10,902 

047 0603461A HIGH PERFORMANCE COMPUTING MODERNIZATION PROGRAM.180,582 180,582 

048 0603606A LANDMINE WARFARE AND BARRIER ADVANCED 

TECHNOLOGY.

27,204 27,204 

049 0603607A JOINT SERVICE SMALL ARMS PROGRAM .................... 6,095 6,095 

050 0603710A NIGHT VISION ADVANCED TECHNOLOGY .................. 37,217 37,217 


dkrause on DSKHT7XVN1PROD with KATH
126 STAT. 2256 PUBLIC LAW 112–239—JAN. 2, 2013 

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

(In Thousands of Dollars) 

Line Program 

Element Item FY 2013 Request 

Conference 

Authorized 

051 0603728A ENVIRONMENTAL QUALITY TECHNOLOGY DEMONSTRATIONS.13,626 13,626 

052 0603734A MILITARY ENGINEERING ADVANCED TECHNOLOGY.28,458 28,458 

053 0603772A ADVANCED TACTICAL COMPUTER SCIENCE AND 

SENSOR TECHNOLOGY.

25,226 25,226 

SUBTOTAL ADVANCED TECHNOLOGY DEVELOPMENT.890,722 890,722 

ADVANCED COMPONENT DEVELOPMENT & 

PROTOTYPES 

054 0603305A ARMY MISSILE DEFENSE SYSTEMS INTEGRATION .. 14,505 14,505 

055 0603308A ARMY SPACE SYSTEMS INTEGRATION ........................ 9,876 9,876 

056 0603619A LANDMINE WARFARE AND BARRIER—ADV DEV ...... 5,054 5,054 

057 0603627A SMOKE, OBSCURANT AND TARGET DEFEATING 

SYS-ADV DEV.

2,725 2,725 

058 0603639A TANK AND MEDIUM CALIBER AMMUNITION ............. 30,560 30,560 

059 0603653A ADVANCED TANK ARMAMENT SYSTEM (ATAS) ......... 14,347 14,347 

060 0603747A SOLDIER SUPPORT AND SURVIVABILITY .................... 10,073 10,073 

061 0603766A TACTICAL ELECTRONIC SURVEILLANCE SYSTEM— 

ADV DEV.

8,660 8,660 

062 0603774A NIGHT VISION SYSTEMS ADVANCED DEVELOPMENT.10,715 10,715 

063 0603779A ENVIRONMENTAL QUALITY TECHNOLOGY—DEM/ 

VAL.

4,631 4,631 

064 0603782A WARFIGHTER INFORMATION NETWORK-TACTICAL—DEM/VAL.278,018 278,018 

065 0603790A NATO RESEARCH AND DEVELOPMENT ....................... 4,961 4,961 

066 0603801A AVIATION—ADV DEV ......................................................... 8,602 8,602 

067 0603804A LOGISTICS AND ENGINEER EQUIPMENT—ADV DEV 14,605 14,605 

068 0603805A COMBAT SERVICE SUPPORT CONTROL SYSTEM 

EVALUATION AND ANALYSIS.

5,054 5,054 

069 0603807A MEDICAL SYSTEMS—ADV DEV ....................................... 24,384 24,384 

070 0603827A SOLDIER SYSTEMS—ADVANCED DEVELOPMENT ..... 32,050 32,050 

071 0603850A INTEGRATED BROADCAST SERVICE ............................. 96 96 

072 0604115A TECHNOLOGY MATURATION INITIATIVES ................. 24,868 24,868 

073 0604131A TRACTOR JUTE ................................................................... 59 59 

075 0604319A INDIRECT FIRE PROTECTION CAPABILITY INCREMENT 2–INTERCEPT (IFPC2).76,039 76,039 

077 0604785A INTEGRATED BASE DEFENSE (BUDGET ACTIVITY 4) 4,043 4,043 

078 0305205A ENDURANCE UAVS ............................................................ 26,196 20,197 

Program decrease ........................................................... [–5,999 ] 

SUBTOTAL ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES.610,121 604,122 

SYSTEM DEVELOPMENT & DEMONSTRATION 

079 0604201A AIRCRAFT AVIONICS ......................................................... 78,538 78,538 

080 0604220A ARMED, DEPLOYABLE HELOS ........................................ 90,494 90,494 

081 0604270A ELECTRONIC WARFARE DEVELOPMENT .................... 181,347 176,347 

Program adjustment ...................................................... [–5,000 ] 

083 0604290A MID-TIER NETWORKING VEHICULAR RADIO 

(MNVR).

12,636 12,636 

084 0604321A ALL SOURCE ANALYSIS SYSTEM ................................... 5,694 5,694 

085 0604328A TRACTOR CAGE ................................................................... 32,095 32,095 

086 0604601A INFANTRY SUPPORT WEAPONS ..................................... 96,478 93,078 

XM25 funding ahead of need ......................................... [–3,400 ] 

087 0604604A MEDIUM TACTICAL VEHICLES ....................................... 3,006 3,006 

089 0604611A JAVELIN ................................................................................ 5,040 5,040 

090 0604622A FAMILY OF HEAVY TACTICAL VEHICLES .................... 3,077 3,077 

091 0604633A AIR TRAFFIC CONTROL .................................................... 9,769 9,769 

092 0604641A TACTICAL UNMANNED GROUND VEHICLE (TUGV) .. 13,141 13,141 

099 0604710A NIGHT VISION SYSTEMS—ENG DEV ............................. 32,621 32,621 

100 0604713A COMBAT FEEDING, CLOTHING, AND EQUIPMENT ... 2,132 2,132 

101 0604715A NON-SYSTEM TRAINING DEVICES—ENG DEV ........... 44,787 44,787 

102 0604716A TERRAIN INFORMATION—ENG DEV ............................. 1,008 1,008 

103 0604741A AIR DEFENSE COMMAND, CONTROL AND INTELLIGENCE—ENG DEV.73,333 73,333 


dkrause on DSKHT7XVN1PROD with KATH
PUBLIC LAW 112–239—JAN. 2, 2013 126 STAT. 2257 

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

(In Thousands of Dollars) 

Line Program 

Element Item FY 2013 Request 

Conference 

Authorized 

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 27,163 

GFEBS realignment per Army request ........................ [17,200 ] 

119 0604823A FIREFINDER ........................................................................ 20,517 20,517 

120 0604827A SOLDIER SYSTEMS—WARRIOR DEM/VAL .................... 51,851 51,851 

121 0604854A ARTILLERY SYSTEMS—EMD ........................................... 167,797 167,797 

122 0604869A PATRIOT/MEADS COMBINED AGGREGATE PROGRAM (CAP).400,861 0 

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).

277,374 315,374 

DRFM countermeasures studies ................................... [38,000 ] 

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 2,932,568 

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 


dkrause on DSKHT7XVN1PROD with KATH
126 STAT. 2258 PUBLIC LAW 112–239—JAN. 2, 2013 

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

(In Thousands of Dollars) 

Line Program 

Element Item FY 2013 Request 

Conference 

Authorized 

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 ............................. 190,422 159,922 

Program decrease ........................................................... [–30,500 ] 

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 

Funding 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 1,584,562 

TOTAL RESEARCH, DEVELOPMENT, TEST 

& EVAL, ARMY.

8,929,415 8,494,755 

RESEARCH, DEVELOPMENT, TEST & EVAL, NAVY 

BASIC RESEARCH 

001 0601103N UNIVERSITY RESEARCH INITIATIVES .......................... 113,690 123,690 

Increase Defense University Research Instrumentation Program.[10,000 ] 

002 0601152N IN-HOUSE LABORATORY INDEPENDENT RESEARCH 18,261 18,261 

003 0601153N DEFENSE RESEARCH SCIENCES .................................... 473,070 473,070 

SUBTOTAL BASIC RESEARCH .................................. 605,021 615,021 

APPLIED RESEARCH 

004 0602114N POWER PROJECTION APPLIED RESEARCH ................. 89,189 89,189 

005 0602123N FORCE PROTECTION APPLIED RESEARCH ................. 143,301 143,301 

006 0602131M MARINE CORPS LANDING FORCE TECHNOLOGY ..... 46,528 46,528 

007 0602235N COMMON PICTURE APPLIED RESEARCH .................... 41,696 41,696 


dkrause on DSKHT7XVN1PROD with KATH
PUBLIC LAW 112–239—JAN. 2, 2013 126 STAT. 2259 

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

(In Thousands of Dollars) 

Line Program 

Element Item FY 2013 Request 

Conference 

Authorized 

008 0602236N WARFIGHTER SUSTAINMENT APPLIED RESEARCH 44,127 44,127 

009 0602271N ELECTROMAGNETIC SYSTEMS APPLIED RESEARCH 78,228 78,228 

010 0602435N OCEAN WARFIGHTING ENVIRONMENT APPLIED 

RESEARCH.

49,635 49,635 

011 0602651M JOINT NON-LETHAL WEAPONS APPLIED RESEARCH.5,973 5,973 

012 0602747N UNDERSEA WARFARE APPLIED RESEARCH ............... 96,814 96,814 

013 0602750N FUTURE NAVAL CAPABILITIES APPLIED RESEARCH.162,417 162,417 

014 0602782N MINE AND EXPEDITIONARY WARFARE APPLIED 

RESEARCH.

32,394 32,394 

SUBTOTAL APPLIED RESEARCH ............................ 790,302 790,302 

ADVANCED TECHNOLOGY DEVELOPMENT 

015 0603114N POWER PROJECTION ADVANCED TECHNOLOGY ...... 56,543 56,543 

016 0603123N FORCE PROTECTION ADVANCED TECHNOLOGY ...... 18,616 18,616 

019 0603271N ELECTROMAGNETIC SYSTEMS ADVANCED TECHNOLOGY.54,858 54,858 

020 0603640M USMC ADVANCED TECHNOLOGY DEMONSTRATION 

(ATD).

130,598 130,598 

021 0603651M JOINT NON-LETHAL WEAPONS TECHNOLOGY DEVELOPMENT.11,706 11,706 

022 0603673N FUTURE NAVAL CAPABILITIES ADVANCED TECHNOLOGY DEVELOPMENT.256,382 256,382 

023 0603729N WARFIGHTER PROTECTION ADVANCED TECHNOLOGY.3,880 3,880 

025 0603758N NAVY WARFIGHTING EXPERIMENTS AND DEMONSTRATIONS.51,819 51,819 

SUBTOTAL ADVANCED TECHNOLOGY DEVELOPMENT.584,402 584,402 

ADVANCED COMPONENT DEVELOPMENT & 

PROTOTYPES 

028 0603207N AIR/OCEAN TACTICAL APPLICATIONS ......................... 34,085 34,085 

029 0603216N AVIATION SURVIVABILITY .............................................. 8,783 8,783 

030 0603237N DEPLOYABLE JOINT COMMAND AND CONTROL ....... 3,773 3,773 

031 0603251N AIRCRAFT SYSTEMS .......................................................... 24,512 24,512 

032 0603254N ASW SYSTEMS DEVELOPMENT ...................................... 8,090 8,090 

033 0603261N TACTICAL AIRBORNE RECONNAISSANCE ................... 5,301 5,301 

034 0603382N ADVANCED COMBAT SYSTEMS TECHNOLOGY .......... 1,506 1,506 

035 0603502N SURFACE AND SHALLOW WATER MINE COUNTERMEASURES.190,622 188,622 

Excess to need ................................................................ [–2,000 ] 

036 0603506N SURFACE SHIP TORPEDO DEFENSE ............................. 93,346 93,346 

037 0603512N CARRIER SYSTEMS DEVELOPMENT .............................. 108,871 108,871 

039 0603525N PILOT FISH ........................................................................... 101,169 101,169 

040 0603527N RETRACT LARCH ................................................................ 74,312 74,312 

041 0603536N RETRACT JUNIPER ............................................................ 90,730 90,730 

042 0603542N RADIOLOGICAL CONTROL ............................................... 777 777 

043 0603553N SURFACE ASW ..................................................................... 6,704 6,704 

044 0603561N ADVANCED SUBMARINE SYSTEM DEVELOPMENT ... 555,123 555,123 

045 0603562N SUBMARINE TACTICAL WARFARE SYSTEMS .............. 9,368 9,368 

046 0603563N SHIP CONCEPT ADVANCED DESIGN ............................. 24,609 24,609 

047 0603564N SHIP PRELIMINARY DESIGN & FEASIBILITY STUDIES.13,710 13,710 

048 0603570N ADVANCED NUCLEAR POWER SYSTEMS ..................... 249,748 249,748 

049 0603573N ADVANCED SURFACE MACHINERY SYSTEMS ............ 29,897 29,897 

050 0603576N CHALK EAGLE ..................................................................... 509,988 509,988 

051 0603581N LITTORAL COMBAT SHIP (LCS) ...................................... 429,420 429,420 

052 0603582N COMBAT SYSTEM INTEGRATION ................................... 56,551 56,551 

053 0603609N CONVENTIONAL MUNITIONS ......................................... 7,342 7,342 

054 0603611M MARINE CORPS ASSAULT VEHICLES ........................... 95,182 95,182 

055 0603635M MARINE CORPS GROUND COMBAT/SUPPORT SYSTEM.10,496 10,496 

056 0603654N JOINT SERVICE EXPLOSIVE ORDNANCE DEVELOPMENT.52,331 52,331 

057 0603658N COOPERATIVE ENGAGEMENT ........................................ 56,512 56,512 


dkrause on DSKHT7XVN1PROD with KATH
126 STAT. 2260 PUBLIC LAW 112–239—JAN. 2, 2013 

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

(In Thousands of Dollars) 

Line Program 

Element Item FY 2013 Request 

Conference 

Authorized 

058 0603713N OCEAN ENGINEERING TECHNOLOGY DEVELOPMENT.7,029 7,029 

059 0603721N ENVIRONMENTAL PROTECTION .................................... 21,080 21,080 

060 0603724N NAVY ENERGY PROGRAM ................................................ 55,324 55,324 

061 0603725N FACILITIES IMPROVEMENT ............................................ 3,401 3,401 

062 0603734N CHALK CORAL ..................................................................... 45,966 45,966 

063 0603739N NAVY LOGISTIC PRODUCTIVITY .................................... 3,811 3,811 

064 0603746N RETRACT MAPLE ................................................................ 341,305 341,305 

065 0603748N LINK PLUMERIA ................................................................. 181,220 181,220 

066 0603751N RETRACT ELM ..................................................................... 174,014 174,014 

068 0603764N LINK EVERGREEN .............................................................. 68,654 68,654 

069 0603787N SPECIAL PROCESSES ........................................................ 44,487 44,487 

070 0603790N NATO RESEARCH AND DEVELOPMENT ....................... 9,389 9,389 

071 0603795N LAND ATTACK TECHNOLOGY ......................................... 16,132 16,132 

072 0603851M JOINT NON-LETHAL WEAPONS TESTING .................... 44,994 44,994 

073 0603860N JOINT PRECISION APPROACH AND LANDING SYSTEMS—DEM/VAL.137,369 137,369 

076 0604272N TACTICAL AIR DIRECTIONAL INFRARED COUNTERMEASURES (TADIRCM).73,934 73,934 

077 0604279N ASE SELF-PROTECTION OPTIMIZATION ...................... 711 711 

078 0604653N JOINT COUNTER RADIO CONTROLLED IED ELECTRONIC WARFARE (JCREW).71,300 71,300 

079 0604659N PRECISION STRIKE WEAPONS DEVELOPMENT PROGRAM.5,654 5,654 

080 0604707N SPACE AND ELECTRONIC WARFARE (SEW) ARCHITECTURE/ENGINEERING SUPPORT.31,549 31,549 

082 0604786N OFFENSIVE ANTI-SURFACE WARFARE WEAPON DEVELOPMENT.86,801 86,801 

083 0605812M JOINT LIGHT TACTICAL VEHICLE (JLTV) ENGINEERING AND MANUFACTURING DEVELOPMENT 

PH.

44,500 44,500 

084 0303354N ASW SYSTEMS DEVELOPMENT—MIP ........................... 13,172 13,172 

086 0304270N ELECTRONIC WARFARE DEVELOPMENT—MIP .......... 643 643 

SUBTOTAL ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES.4,335,297 4,333,297 

SYSTEM DEVELOPMENT & DEMONSTRATION 

087 0604212N OTHER HELO DEVELOPMENT ........................................ 33,978 33,978 

088 0604214N AV–8B AIRCRAFT—ENG DEV ........................................... 32,789 32,789 

089 0604215N STANDARDS DEVELOPMENT .......................................... 84,988 82,988 

Program behind in execution ........................................ [–2,000 ] 

090 0604216N MULTI-MISSION HELICOPTER UPGRADE DEVELOPMENT.6,866 6,866 

091 0604218N AIR/OCEAN EQUIPMENT ENGINEERING ..................... 4,060 4,060 

092 0604221N P–3 MODERNIZATION PROGRAM ................................... 3,451 3,451 

093 0604230N WARFARE SUPPORT SYSTEM .......................................... 13,071 13,071 

094 0604231N TACTICAL COMMAND SYSTEM ....................................... 71,645 71,645 

095 0604234N ADVANCED HAWKEYE ...................................................... 119,065 119,065 

096 0604245N H–1 UPGRADES ................................................................... 31,105 31,105 

097 0604261N ACOUSTIC SEARCH SENSORS ......................................... 34,299 34,299 

098 0604262N V–22A ..................................................................................... 54,412 54,412 

099 0604264N AIR CREW SYSTEMS DEVELOPMENT ........................... 2,717 2,717 

100 0604269N EA–18 ..................................................................................... 13,009 13,009 

101 0604270N ELECTRONIC WARFARE DEVELOPMENT .................... 51,304 51,304 

102 0604273N VH–71A EXECUTIVE HELO DEVELOPMENT ................ 61,163 61,163 

103 0604274N NEXT GENERATION JAMMER (NGJ) .............................. 187,024 187,024 

104 0604280N JOINT TACTICAL RADIO SYSTEM—NAVY (JTRSNAVY).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 58,391 

Program execution .......................................................... [–5,500 ] 

109 0604373N AIRBORNE MCM .................................................................. 73,246 73,246 


dkrause on DSKHT7XVN1PROD with KATH
PUBLIC LAW 112–239—JAN. 2, 2013 126 STAT. 2261 

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

(In Thousands of Dollars) 

Line Program 

Element Item FY 2013 Request 

Conference 

Authorized 

110 0604376M MARINE AIR GROUND TASK FORCE (MAGTF) ELECTRONIC WARFARE (EW) FOR AVIATION.10,568 10,568 

111 0604378N NAVAL INTEGRATED FIRE CONTROL—COUNTER 

AIR SYSTEMS ENGINEERING.

39,974 39,974 

112 0604404N UNMANNED CARRIER LAUNCHED AIRBORNE SURVEILLANCE AND STRIKE (UCLASS) SYSTEM.122,481 122,481 

113 0604501N ADVANCED ABOVE WATER SENSORS ........................... 255,516 255,516 

114 0604503N SSN–688 AND TRIDENT MODERNIZATION ................... 82,620 82,620 

115 0604504N AIR CONTROL ...................................................................... 5,633 5,633 

116 0604512N SHIPBOARD AVIATION SYSTEMS ................................... 55,826 55,826 

117 0604518N COMBAT INFORMATION CENTER CONVERSION ....... 918 918 

118 0604558N NEW DESIGN SSN ............................................................... 165,230 165,230 

119 0604562N SUBMARINE TACTICAL WARFARE SYSTEM ................ 49,141 49,141 

120 0604567N SHIP CONTRACT DESIGN/ LIVE FIRE T&E .................. 196,737 196,737 

121 0604574N NAVY TACTICAL COMPUTER RESOURCES .................. 3,889 3,889 

122 0604601N MINE DEVELOPMENT ....................................................... 8,335 8,335 

123 0604610N LIGHTWEIGHT TORPEDO DEVELOPMENT .................. 49,818 49,818 

124 0604654N JOINT SERVICE EXPLOSIVE ORDNANCE DEVELOPMENT.10,099 10,099 

125 0604703N PERSONNEL, TRAINING, SIMULATION, AND 

HUMAN FACTORS.

7,348 7,348 

126 0604727N JOINT STANDOFF WEAPON SYSTEMS .......................... 5,518 5,518 

127 0604755N SHIP SELF DEFENSE (DETECT & CONTROL) .............. 87,662 87,662 

128 0604756N SHIP SELF DEFENSE (ENGAGE: HARD KILL) .............. 64,079 64,079 

129 0604757N SHIP SELF DEFENSE (ENGAGE: SOFT KILL/EW) ........ 151,489 151,489 

131 0604771N MEDICAL DEVELOPMENT ................................................ 12,707 12,707 

132 0604777N NAVIGATION/ID SYSTEM .................................................. 47,764 47,764 

133 0604800M JOINT STRIKE FIGHTER (JSF)—EMD ............................ 737,149 733,949 

Block IV development ahead of need ............................ [–3,200 ] 

134 0604800N JOINT STRIKE FIGHTER (JSF)—EMD ............................ 743,926 740,726 

Block IV development ahead of need ............................ [–3,200 ] 

135 0605013M INFORMATION TECHNOLOGY DEVELOPMENT .......... 12,143 12,143 

136 0605013N INFORMATION TECHNOLOGY DEVELOPMENT .......... 72,209 72,209 

138 0605212N CH–53K RDTE ...................................................................... 606,204 606,204 

140 0605500N MULTI-MISSION MARITIME AIRCRAFT (MMA) ........... 421,102 421,102 

141 0204202N DDG–1000 .............................................................................. 124,655 124,655 

142 0304231N TACTICAL COMMAND SYSTEM—MIP ............................ 1,170 1,170 

144 0304785N TACTICAL CRYPTOLOGIC SYSTEMS .............................. 23,255 23,255 

SUBTOTAL SYSTEM DEVELOPMENT & DEMONSTRATION.5,747,232 5,983,332 

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 


dkrause on DSKHT7XVN1PROD with KATH
126 STAT. 2262 PUBLIC LAW 112–239—JAN. 2, 2013 

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

(In Thousands of Dollars) 

Line Program 

Element Item FY 2013 Request 

Conference 

Authorized 

167 0604402N UNMANNED COMBAT AIR VEHICLE (UCAV) ADVANCED COMPONENT AND PROTOTYPE DEVELOPMENT.

142,282 142,282 

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 ........................................................... 188,299 170,299 

Program behind in execution ........................................ [–18,000 ] 

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 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 SENSORSSPACE (METOC).810 810 

212 0305192N MILITARY INTELLIGENCE PROGRAM (MIP) ACTIVITIES.8,617 8,617 

213 0305204N TACTICAL UNMANNED AERIAL VEHICLES ................. 9,066 9,066 

215 0305207N MANNED RECONNAISSANCE SYSTEMS ....................... 30,654 30,654 

216 0305208M DISTRIBUTED COMMON GROUND/SURFACE SYSTEMS.25,917 25,917 

217 0305208N DISTRIBUTED COMMON GROUND/SURFACE SYSTEMS.14,676 14,676 

218 0305220N RQ–4 UAV .............................................................................. 657,483 657,483 

219 0305231N MQ–8 UAV ............................................................................. 99,600 99,600 

220 0305232M RQ–11 UAV ............................................................................ 495 495 

221 0305233N RQ–7 UAV .............................................................................. 863 863 

223 0305234N SMALL (LEVEL 0) TACTICAL UAS (STUASL0) .............. 9,734 9,734 

225 0305239M RQ–21A .................................................................................. 22,343 22,343 

226 0308601N MODELING AND SIMULATION SUPPORT ..................... 5,908 5,908 

227 0702207N DEPOT MAINTENANCE (NON-IF) .................................... 27,391 27,391 

229 0708011N INDUSTRIAL PREPAREDNESS ......................................... 54,879 54,879 

230 0708730N MARITIME TECHNOLOGY (MARITECH) ........................ 5,000 5,000 


dkrause on DSKHT7XVN1PROD with KATH
PUBLIC LAW 112–239—JAN. 2, 2013 126 STAT. 2263 

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

(In Thousands of Dollars) 

Line Program 

Element Item FY 2013 Request 

Conference 

Authorized 

230A 9999999999 CLASSIFIED PROGRAMS ................................................... 1,151,159 1,351,159 

Program increase ............................................................ [200,000 ] 

SUBTOTAL OPERATIONAL SYSTEMS DEVELOPMENT.3,975,546 4,157,546 

TOTAL RESEARCH, DEVELOPMENT, TEST 

& EVAL, NAVY.

16,882,877 17,308,977 

RESEARCH, DEVELOPMENT, TEST & EVAL, AF 

BASIC RESEARCH 

001 0601102F DEFENSE RESEARCH SCIENCES .................................... 361,787 361,787 

002 0601103F UNIVERSITY RESEARCH INITIATIVES .......................... 141,153 141,153 

003 0601108F HIGH ENERGY LASER RESEARCH INITIATIVES ........ 13,094 13,094 

SUBTOTAL BASIC RESEARCH .................................. 516,034 516,034 

APPLIED RESEARCH 

004 0602102F MATERIALS .......................................................................... 114,166 114,166 

005 0602201F AEROSPACE VEHICLE TECHNOLOGIES ....................... 120,719 120,719 

006 0602202F HUMAN EFFECTIVENESS APPLIED RESEARCH ......... 89,319 89,319 

007 0602203F AEROSPACE PROPULSION ............................................... 232,547 232,547 

008 0602204F AEROSPACE SENSORS ...................................................... 127,637 127,637 

009 0602601F SPACE TECHNOLOGY ........................................................ 98,375 98,375 

010 0602602F CONVENTIONAL MUNITIONS ......................................... 77,175 77,175 

011 0602605F DIRECTED ENERGY TECHNOLOGY ............................... 106,196 106,196 

012 0602788F DOMINANT INFORMATION SCIENCES AND METHODS.104,362 104,362 

013 0602890F HIGH ENERGY LASER RESEARCH ................................. 38,557 38,557 

SUBTOTAL APPLIED RESEARCH ............................ 1,109,053 1,109,053 

ADVANCED TECHNOLOGY DEVELOPMENT 

014 0603112F ADVANCED MATERIALS FOR WEAPON SYSTEMS ..... 47,890 57,890 

Increase Materials Affordability Initiative program ... [10,000 ] 

015 0603199F SUSTAINMENT SCIENCE AND TECHNOLOGY (S&T) 6,565 6,565 

016 0603203F ADVANCED AEROSPACE SENSORS ................................ 37,657 37,657 

017 0603211F AEROSPACE TECHNOLOGY DEV/DEMO ....................... 81,376 81,376 

018 0603216F AEROSPACE PROPULSION AND POWER TECHNOLOGY.151,152 151,152 

019 0603270F ELECTRONIC COMBAT TECHNOLOGY .......................... 32,941 32,941 

020 0603401F ADVANCED SPACECRAFT TECHNOLOGY .................... 64,557 64,557 

021 0603444F MAUI SPACE SURVEILLANCE SYSTEM (MSSS) ........... 29,256 29,256 

022 0603456F HUMAN EFFECTIVENESS ADVANCED TECHNOLOGY DEVELOPMENT.21,523 21,523 

023 0603601F CONVENTIONAL WEAPONS TECHNOLOGY ................. 36,352 36,352 

024 0603605F ADVANCED WEAPONS TECHNOLOGY .......................... 19,004 19,004 

025 0603680F MANUFACTURING TECHNOLOGY PROGRAM ............. 37,045 37,045 

026 0603788F BATTLESPACE KNOWLEDGE DEVELOPMENT AND 

DEMONSTRATION.

31,419 31,419 

SUBTOTAL ADVANCED TECHNOLOGY DEVELOPMENT.596,737 606,737 

ADVANCED COMPONENT DEVELOPMENT & 

PROTOTYPES 

028 0603260F INTELLIGENCE ADVANCED DEVELOPMENT .............. 3,866 3,866 

029 0603287F PHYSICAL SECURITY EQUIPMENT ................................ 3,704 3,704 

030 0603430F ADVANCED EHF MILSATCOM (SPACE) ......................... 229,171 227,671 

Project decrease .............................................................. [–1,500 ] 

031 0603432F POLAR MILSATCOM (SPACE) ........................................... 120,676 120,676 

032 0603438F SPACE CONTROL TECHNOLOGY .................................... 25,144 23,144 

Project decrease .............................................................. [–2,000 ] 

033 0603742F COMBAT IDENTIFICATION TECHNOLOGY .................. 32,243 32,243 

034 0603790F NATO RESEARCH AND DEVELOPMENT ....................... 4,507 4,507 

035 0603791F INTERNATIONAL SPACE COOPERATIVE R&D ............ 652 652 

036 0603830F SPACE PROTECTION PROGRAM (SPP) ........................... 10,429 10,429 

037 0603850F INTEGRATED BROADCAST SERVICE—DEM/VAL ........ 19,938 19,938 

038 0603851F INTERCONTINENTAL BALLISTIC MISSILE—DEM/ 

VAL.

71,181 71,181 

039 0603854F WIDEBAND GLOBAL SATCOM RDT&E (SPACE) .......... 12,027 12,027 


dkrause on DSKHT7XVN1PROD with KATH
126 STAT. 2264 PUBLIC LAW 112–239—JAN. 2, 2013 

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

(In Thousands of Dollars) 

Line Program 

Element Item FY 2013 Request 

Conference 

Authorized 

040 0603859F POLLUTION PREVENTION—DEM/VAL .......................... 2,054 2,054 

041 0603860F JOINT PRECISION APPROACH AND LANDING SYSTEMS—DEM/VAL.57,975 57,975 

042 0604015F LONG RANGE STRIKE ....................................................... 291,742 291,742 

043 0604283F BATTLE MGMT COM & CTRL SENSOR DEVELOPMENT.114,417 114,417 

044 0604317F TECHNOLOGY TRANSFER ................................................ 2,576 2,576 

045 0604327F HARD AND DEEPLY BURIED TARGET DEFEAT SYSTEM (HDBTDS) PROGRAM.16,711 16,711 

047 0604337F REQUIREMENTS ANALYSIS AND MATURATION ........ 16,343 16,343 

048 0604422F WEATHER SATELLITE FOLLOW-ON .............................. 2,000 2,000 

050 0604635F GROUND ATTACK WEAPONS FUZE DEVELOPMENT 9,423 9,423 

054 0604857F OPERATIONALLY RESPONSIVE SPACE ........................ 45,000 

Restore Operationally Responsive Space ..................... [45,000 ] 

055 0604858F TECH TRANSITION PROGRAM ........................................ 37,558 34,558 

Project decrease .............................................................. [–3,000 ] 

056 0305164F NAVSTAR GLOBAL POSITIONING SYSTEM (USER 

EQUIPMENT) (SPACE).

96,840 96,840 

SUBTOTAL ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES.1,181,177 1,219,677 

SYSTEM DEVELOPMENT & DEMONSTRATION 

058 0603840F GLOBAL BROADCAST SERVICE (GBS) ........................... 14,652 14,652 

059 0604222F NUCLEAR WEAPONS SUPPORT ...................................... 25,713 25,713 

060 0604233F SPECIALIZED UNDERGRADUATE FLIGHT TRAINING 6,583 4,983 

Program delays ............................................................... [–1,600 ] 

061 0604270F ELECTRONIC WARFARE DEVELOPMENT ..................... 1,975 1,975 

062 0604280F JOINT TACTICAL RADIO ................................................... 2,594 2,594 

063 0604281F TACTICAL DATA NETWORKS ENTERPRISE ................. 24,534 24,534 

064 0604287F PHYSICAL SECURITY EQUIPMENT ................................ 51 51 

065 0604329F SMALL DIAMETER BOMB (SDB)—EMD ......................... 143,000 143,000 

066 0604421F COUNTERSPACE SYSTEMS .............................................. 28,797 28,797 

067 0604425F SPACE SITUATION AWARENESS SYSTEMS ................. 267,252 247,252 

C-Band Radar re-location .............................................. [3,000 ] 

Excess funding ................................................................ [–20,000 ] 

Undistributed reduction ................................................. [–3,000 ] 

068 0604429F AIRBORNE ELECTRONIC ATTACK ................................. 4,118 4,118 

069 0604441F SPACE BASED INFRARED SYSTEM (SBIRS) HIGH 

EMD.

448,594 446,594 

Project decrease .............................................................. [–2,000 ] 

070 0604602F ARMAMENT/ORDNANCE DEVELOPMENT .................... 9,951 9,951 

071 0604604F SUBMUNITIONS .................................................................. 2,567 2,567 

072 0604617F AGILE COMBAT SUPPORT ................................................ 13,059 13,059 

073 0604706F LIFE SUPPORT SYSTEMS .................................................. 9,720 9,720 

074 0604735F COMBAT TRAINING RANGES ........................................... 9,222 9,222 

076 0604750F INTELLIGENCE EQUIPMENT .......................................... 803 803 

077 0604800F F–35—EMD ............................................................................ 1,210,306 1,207,999 

Block 4—early to need ................................................... [–2,307 ] 

078 0604851F INTERCONTINENTAL BALLISTIC MISSILE—EMD ..... 135,437 135,437 

079 0604853F EVOLVED EXPENDABLE LAUNCH VEHICLE PROGRAM (SPACE)—EMD.7,980 7,980 

080 0604932F LONG RANGE STANDOFF WEAPON ............................... 2,004 2,004 

081 0604933F ICBM FUZE MODERNIZATION ......................................... 73,512 73,512 

082 0605213F F–22 MODERNIZATION INCREMENT 3.2B .................... 140,100 140,100 

083 0605221F NEXT GENERATION AERIAL REFUELING AIRCRAFT 1,815,588 1,738,488 

Excess prior year funds ................................................. [–77,100 ] 

084 0605229F CSAR HH–60 RECAPITALIZATION .................................. 123,210 123,210 

085 0605278F HC/MC–130 RECAP RDT&E ............................................... 19,039 19,039 

086 0605931F B–2 DEFENSIVE MANAGEMENT SYSTEM .................... 281,056 281,056 

087 0101125F NUCLEAR WEAPONS MODERNIZATION ....................... 80,200 80,200 

089 0207604F READINESS TRAINING RANGES, OPERATIONS AND 

MAINTENANCE.

310 310 

090 0207701F FULL COMBAT MISSION TRAINING .............................. 14,861 14,861 

091 0305230F MC–12 .................................................................................... 19,949 19,949 

093 0401318F CV–22 ..................................................................................... 28,027 28,027 

094 0401845F AIRBORNE SENIOR LEADER C3 (SLC3S) ....................... 1,960 1,960 


dkrause on DSKHT7XVN1PROD with KATH
PUBLIC LAW 112–239—JAN. 2, 2013 126 STAT. 2265 

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

(In Thousands of Dollars) 

Line Program 

Element Item FY 2013 Request 

Conference 

Authorized 

SUBTOTAL SYSTEM DEVELOPMENT & DEMONSTRATION.4,966,724 4,863,717 

RDT&E MANAGEMENT SUPPORT 

095 0604256F THREAT SIMULATOR DEVELOPMENT .......................... 22,812 22,812 

096 0604759F MAJOR T&E INVESTMENT ............................................... 42,236 42,236 

097 0605101F RAND PROJECT AIR FORCE ............................................. 25,579 25,579 

099 0605712F INITIAL OPERATIONAL TEST & EVALUATION ........... 16,197 16,197 

100 0605807F TEST AND EVALUATION SUPPORT ................................ 722,071 722,071 

101 0605860F ROCKET SYSTEMS LAUNCH PROGRAM (SPACE) ....... 16,200 16,200 

102 0605864F SPACE TEST PROGRAM (STP) .......................................... 10,051 45,051 

Restore Space Test Program ......................................... [35,000 ] 

103 0605976F FACILITIES RESTORATION AND MODERNIZATION— 

TEST AND EVALUATION SUPPORT.

42,597 42,597 

104 0605978F FACILITIES SUSTAINMENT—TEST AND EVALUATION SUPPORT.27,301 27,301 

105 0606323F MULTI-SERVICE SYSTEMS ENGINEERING INITIATIVE.13,964 13,964 

106 0606392F SPACE AND MISSILE CENTER (SMC) CIVILIAN 

WORKFORCE.

203,766 203,766 

107 0702806F ACQUISITION AND MANAGEMENT SUPPORT ............. 42,430 42,430 

108 0804731F GENERAL SKILL TRAINING ............................................. 1,294 1,294 

111 1001004F INTERNATIONAL ACTIVITIES ......................................... 3,851 3,851 

SUBTOTAL RDT&E MANAGEMENT SUPPORT .... 1,190,349 1,225,349 

OPERATIONAL SYSTEMS DEVELOPMENT 

112 0603423F GLOBAL POSITIONING SYSTEM III—OPERATIONAL 

CONTROL SEGMENT.

371,595 370,095 

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 


dkrause on DSKHT7XVN1PROD with KATH
126 STAT. 2266 PUBLIC LAW 112–239—JAN. 2, 2013 

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

(In Thousands of Dollars) 

Line Program 

Element Item FY 2013 Request 

Conference 

Authorized 

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 2,316 

Underexecution ............................................................... [–2,000 ] 

180 0303601F MILSATCOM TERMINALS ................................................. 107,237 107,237 

182 0304260F AIRBORNE SIGINT ENTERPRISE .................................... 129,106 129,106 

185 0305099F GLOBAL AIR TRAFFIC MANAGEMENT (GATM) ........... 4,461 4,461 

186 0305103F CYBER SECURITY INITIATIVE ........................................ 2,055 2,055 

187 0305105F DOD CYBER CRIME CENTER ........................................... 285 285 

188 0305110F SATELLITE CONTROL NETWORK (SPACE) ................... 33,773 33,773 

189 0305111F WEATHER SERVICE ........................................................... 29,048 29,048 

190 0305114F AIR TRAFFIC CONTROL, APPROACH, AND LANDING 

SYSTEM (ATCALS).

43,187 43,187 

191 0305116F AERIAL TARGETS ............................................................... 50,496 50,496 

194 0305128F SECURITY AND INVESTIGATIVE ACTIVITIES ............. 354 354 

195 0305145F ARMS CONTROL IMPLEMENTATION ............................. 4,000 4,000 

196 0305146F DEFENSE JOINT COUNTERINTELLIGENCE ACTIVITIES.342 342 

198 0305164F NAVSTAR GLOBAL POSITIONING SYSTEM (USER 

EQUIPMENT) (SPACE).

29,621 29,621 

199 0305165F NAVSTAR GLOBAL POSITIONING SYSTEM (SPACE 

AND CONTROL SEGMENTS).

14,335 14,335 

201 0305173F SPACE AND MISSILE TEST AND EVALUATION CENTER.3,680 3,680 

202 0305174F SPACE INNOVATION AND DEVELOPMENT CENTER 2,430 2,430 

203 0305182F SPACELIFT RANGE SYSTEM (SPACE) ............................ 8,760 8,760 

205 0305202F DRAGON U–2 ........................................................................ 23,644 23,644 

206 0305205F ENDURANCE UNMANNED AERIAL VEHICLES ........... 21,000 21,000 

207 0305206F AIRBORNE RECONNAISSANCE SYSTEMS .................... 96,735 96,735 

208 0305207F MANNED RECONNAISSANCE SYSTEMS ....................... 13,316 13,316 

209 0305208F DISTRIBUTED COMMON GROUND/SURFACE SYSTEMS.63,501 63,501 

210 0305219F MQ–1 PREDATOR A UAV ................................................... 9,122 9,122 

211 0305220F RQ–4 UAV .............................................................................. 236,265 236,265 

212 0305221F NETWORK-CENTRIC COLLABORATIVE TARGETING 7,367 7,367 

213 0305236F COMMON DATA LINK (CDL) ............................................. 38,094 38,094 

214 0305238F NATO AGS ............................................................................. 210,109 210,109 

215 0305240F SUPPORT TO DCGS ENTERPRISE ................................... 24,500 24,500 

216 0305265F GPS III SPACE SEGMENT ................................................. 318,992 318,992 

217 0305614F JSPOC MISSION SYSTEM .................................................. 54,645 54,645 

218 0305881F RAPID CYBER ACQUISITION ........................................... 4,007 4,007 

219 0305887F INTELLIGENCE SUPPORT TO INFORMATION WARFARE.13,357 13,357 

220 0305913F NUDET DETECTION SYSTEM (SPACE) .......................... 64,965 63,365 

ICADS—early to need .................................................... [–1,600 ] 


dkrause on DSKHT7XVN1PROD with KATH
PUBLIC LAW 112–239—JAN. 2, 2013 126 STAT. 2267 

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

(In Thousands of Dollars) 

Line Program 

Element Item FY 2013 Request 

Conference 

Authorized 

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 0 

Program termination ...................................................... [–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 99,327 

Program delays ............................................................... [–20,000 ] 

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 15,842,772 

TOTAL RESEARCH, DEVELOPMENT, TEST 

& EVAL, AF.

25,428,046 25,383,339 

RESEARCH, DEVELOPMENT, TEST & EVAL, DW 

BASIC RESEARCH 

001 0601000BR DTRA BASIC RESEARCH INITIATIVE ............................. 45,071 45,071 

002 0601101E DEFENSE RESEARCH SCIENCES .................................... 309,051 309,051 

003 0601110D8Z BASIC RESEARCH INITIATIVES ...................................... 19,405 19,405 

004 0601117E BASIC OPERATIONAL MEDICAL RESEARCH 

SCIENCE.

39,676 39,676 

005 0601120D8Z NATIONAL DEFENSE EDUCATION PROGRAM ............ 87,979 87,979 

006 0601384BP CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM 50,566 50,566 

SUBTOTAL BASIC RESEARCH .................................. 551,748 551,748 

APPLIED RESEARCH 

007 0602000D8Z JOINT MUNITIONS TECHNOLOGY ................................. 20,615 20,615 

008 0602115E BIOMEDICAL TECHNOLOGY ............................................ 110,900 110,900 

009 0602228D8Z HISTORICALLY BLACK COLLEGES AND UNIVERSITIES (HBCU) SCIENCE.10,000 

Program increase ............................................................ [10,000 ] 

010 0602234D8Z LINCOLN LABORATORY RESEARCH PROGRAM ......... 36,826 36,826 

011 0602250D8Z SYSTEMS 2020 APPLIED RESEARCH ............................. 7,898 7,898 

012 0602303E INFORMATION & COMMUNICATIONS TECHNOLOGY 392,421 392,421 

013 0602304E COGNITIVE COMPUTING SYSTEMS ............................... 30,424 30,424 

015 0602383E BIOLOGICAL WARFARE DEFENSE ................................. 19,236 19,236 

016 0602384BP CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM 223,269 223,269 

017 0602663D8Z DATA TO DECISIONS APPLIED RESEARCH ................. 13,753 9,753 

Excessive growth ............................................................ [–4,000 ] 

018 0602668D8Z CYBER SECURITY RESEARCH ......................................... 18,985 12,985 

Excessive growth ............................................................ [–6,000 ] 

019 0602670D8Z HUMAN, SOCIAL AND CULTURE BEHAVIOR MODELING (HSCB) APPLIED RESEARCH.6,771 6,771 

020 0602702E TACTICAL TECHNOLOGY ................................................. 233,209 233,209 

021 0602715E MATERIALS AND BIOLOGICAL TECHNOLOGY ........... 166,067 166,067 

022 0602716E ELECTRONICS TECHNOLOGY ......................................... 222,416 222,416 


dkrause on DSKHT7XVN1PROD with KATH
126 STAT. 2268 PUBLIC LAW 112–239—JAN. 2, 2013 

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

(In Thousands of Dollars) 

Line Program 

Element Item FY 2013 Request 

Conference 

Authorized 

023 0602718BR WEAPONS OF MASS DESTRUCTION DEFEAT TECHNOLOGIES.172,352 172,352 

024 1160401BB SPECIAL OPERATIONS TECHNOLOGY DEVELOPMENT.28,739 28,739 

SUBTOTAL APPLIED RESEARCH ............................ 1,703,881 1,703,881 

ADVANCED TECHNOLOGY DEVELOPMENT (ATD) 

025 0603000D8Z JOINT MUNITIONS ADVANCED TECHNOLOGY .......... 25,612 21,612 

Excessive growth ............................................................ [–4,000 ] 

026 0603121D8Z SO/LIC ADVANCED DEVELOPMENT .............................. 26,324 26,324 

027 0603122D8Z COMBATING TERRORISM TECHNOLOGY SUPPORT .. 77,144 77,144 

028 0603160BR COUNTERPROLIFERATION INITIATIVES—PROLIFERATION PREVENTION AND DEFEAT.275,022 275,022 

029 0603175C BALLISTIC MISSILE DEFENSE TECHNOLOGY ............ 79,975 79,975 

031 0603225D8Z JOINT DOD-DOE MUNITIONS TECHNOLOGY DEVELOPMENT.20,032 20,032 

032 0603264S AGILE TRANSPORTATION FOR THE 21ST CENTURY 

(AT21)—THEATER CAPABILITY.

3,892 3,892 

033 0603274C SPECIAL PROGRAM—MDA TECHNOLOGY ................... 36,685 36,685 

034 0603286E ADVANCED AEROSPACE SYSTEMS ................................ 174,316 159,316 

Program decrease ........................................................... [–15,000 ] 

035 0603287E SPACE PROGRAMS AND TECHNOLOGY ........................ 159,704 159,704 

036 0603384BP CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM—ADVANCED DEVELOPMENT.234,280 234,280 

037 0603618D8Z JOINT ELECTRONIC ADVANCED TECHNOLOGY ........ 6,983 6,983 

038 0603648D8Z JOINT CAPABILITY TECHNOLOGY DEMONSTRATIONS.158,263 158,263 

039 0603662D8Z NETWORKED COMMUNICATIONS CAPABILITIES ..... 25,393 25,393 

040 0603663D8Z DATA TO DECISIONS ADVANCED TECHNOLOGY DEVELOPMENT.13,754 9,754 

Excessive growth ............................................................ [–4,000 ] 

042 0603668D8Z CYBER SECURITY ADVANCED RESEARCH .................. 19,935 13,935 

Excessive growth ............................................................ [–6,000 ] 

043 0603670D8Z HUMAN, SOCIAL AND CULTURE BEHAVIOR MODELING (HSCB) ADVANCED DEVELOPMENT.8,235 8,235 

044 0603680D8Z DEFENSE-WIDE MANUFACTURING SCIENCE AND 

TECHNOLOGY PROGRAM.

21,966 51,966 

Industrial Base Innovation Fund .................................. [30,000 ] 

045 0603699D8Z EMERGING CAPABILITIES TECHNOLOGY DEVELOPMENT.24,662 24,662 

047 0603712S GENERIC LOGISTICS R&D TECHNOLOGY DEMONSTRATIONS.24,605 24,605 

048 0603713S DEPLOYMENT AND DISTRIBUTION ENTERPRISE 

TECHNOLOGY.

30,678 30,678 

049 0603716D8Z STRATEGIC ENVIRONMENTAL RESEARCH PROGRAM.65,282 65,282 

050 0603720S MICROELECTRONICS TECHNOLOGY DEVELOPMENT AND SUPPORT.72,234 62,234 

.90nm Next Generation Foundry-early to need ........... [–10,000 ] 

051 0603727D8Z JOINT WARFIGHTING PROGRAM ................................... 8,403 8,403 

052 0603739E ADVANCED ELECTRONICS TECHNOLOGIES .............. 111,008 111,008 

054 0603760E COMMAND, CONTROL AND COMMUNICATIONS SYSTEMS.237,859 229,859 

Program reduction .......................................................... [–8,000 ] 

055 0603765E CLASSIFIED DARPA PROGRAMS ..................................... 3,000 3,000 

056 0603766E NETWORK-CENTRIC WARFARE TECHNOLOGY .......... 236,883 236,883 

057 0603767E SENSOR TECHNOLOGY ..................................................... 299,438 299,438 

058 0603769SE DISTRIBUTED LEARNING ADVANCED TECHNOLOGY DEVELOPMENT.12,195 12,195 

059 0603781D8Z SOFTWARE ENGINEERING INSTITUTE ........................ 30,036 30,036 

060 0603826D8Z QUICK REACTION SPECIAL PROJECTS ........................ 107,002 92,002 

Excessive growth ............................................................ [–15,000 ] 

062 0603828J JOINT EXPERIMENTATION .............................................. 21,230 21,230 

063 0603832D8Z DOD MODELING AND SIMULATION MANAGEMENT 

OFFICE.

47,433 47,433 

064 0603901C DIRECTED ENERGY RESEARCH ..................................... 46,944 41,944 

Unjustified request ......................................................... [–5,000 ] 


dkrause on DSKHT7XVN1PROD with KATH
PUBLIC LAW 112–239—JAN. 2, 2013 126 STAT. 2269 

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

(In Thousands of Dollars) 

Line Program 

Element Item FY 2013 Request 

Conference 

Authorized 

065 0603902C NEXT GENERATION AEGIS MISSILE ............................. 224,077 224,077 

066 0603941D8Z TEST & EVALUATION SCIENCE & TECHNOLOGY ...... 92,602 92,602 

068 0604055D8Z OPERATIONAL ENERGY CAPABILITY IMPROVEMENT.26,244 26,244 

069 0303310D8Z CWMD SYSTEMS ................................................................. 53,946 38,946 

Program reduction .......................................................... [–15,000 ] 

070 1160402BB SPECIAL OPERATIONS ADVANCED TECHNOLOGY 

DEVELOPMENT.

45,317 45,317 

071 1160422BB AVIATION ENGINEERING ANALYSIS ............................ 861 861 

072 1160472BB SOF INFORMATION AND BROADCAST SYSTEMS ADVANCED TECHNOLOGY.4,959 4,959 

SUBTOTAL ADVANCED TECHNOLOGY DEVELOPMENT (ATD).3,194,413 3,142,413 

ADVANCED COMPONENT DEVELOPMENT & 

PROTOTYPES 

073 0603161D8Z NUCLEAR AND CONVENTIONAL PHYSICAL SECURITY EQUIPMENT RDT&E ADC&P.33,234 33,234 

074 0603527D8Z RETRACT LARCH ................................................................ 21,023 21,023 

075 0603600D8Z WALKOFF ............................................................................. 94,624 94,624 

077 0603714D8Z ADVANCED SENSOR APPLICATIONS PROGRAM ........ 16,958 18,958 

Reverse cuts to testing ................................................... [2,000 ] 

078 0603851D8Z ENVIRONMENTAL SECURITY TECHNICAL CERTIFICATION PROGRAM.75,941 75,941 

079 0603881C BALLISTIC MISSILE DEFENSE TERMINAL DEFENSE 

SEGMENT.

316,929 316,929 

080 0603882C BALLISTIC MISSILE DEFENSE MIDCOURSE DEFENSE SEGMENT.903,172 978,172 

Program increase ............................................................ [75,000 ] 

081 0603884BP CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM—DEM/VAL.179,023 179,023 

082 0603884C BALLISTIC MISSILE DEFENSE SENSORS ..................... 347,012 347,012 

084 0603890C BMD ENABLING PROGRAMS ........................................... 362,711 362,711 

085 0603891C SPECIAL PROGRAMS—MDA ............................................. 272,387 272,387 

086 0603892C AEGIS BMD ........................................................................... 992,407 992,407 

087 0603893C SPACE TRACKING & SURVEILLANCE SYSTEM .......... 51,313 51,313 

088 0603895C BALLISTIC MISSILE DEFENSE SYSTEM SPACE PROGRAMS.6,912 6,912 

089 0603896C BALLISTIC MISSILE DEFENSE COMMAND AND 

CONTROL, BATTLE MANAGEMENT & COMMUNICATION.

366,552 366,552 

090 0603898C BALLISTIC MISSILE DEFENSE JOINT WARFIGHTER 

SUPPORT.

55,550 55,550 

091 0603904C MISSILE DEFENSE INTEGRATION & OPERATIONS 

CENTER (MDIOC).

63,043 63,043 

092 0603906C REGARDING TRENCH ........................................................ 11,371 11,371 

093 0603907C SEA BASED X-BAND RADAR (SBX) .................................. 9,730 9,730 

094 0603913C ISRAELI COOPERATIVE PROGRAMS .............................. 99,836 478,836 

Increase to DSWS, ASIP, Arrow–3 cooperative programs.[168,000 ] 

Iron Dome short-range rocket defense ......................... [211,000 ] 

095 0603914C BALLISTIC MISSILE DEFENSE TEST ............................. 454,400 454,400 

096 0603915C BALLISTIC MISSILE DEFENSE TARGETS ..................... 435,747 435,747 

097 0603920D8Z HUMANITARIAN DEMINING ............................................ 13,231 13,231 

098 0603923D8Z COALITION WARFARE ....................................................... 11,398 11,398 

099 0604016D8Z DEPARTMENT OF DEFENSE CORROSION PROGRAM 3,283 24,083 

Increase for requirements shortfall .............................. [20,800 ] 

100 0604400D8Z DEPARTMENT OF DEFENSE (DOD) UNMANNED AIRCRAFT SYSTEM (UAS) COMMON DEVELOPMENT.12,368 12,368 

101 0604670D8Z HUMAN, SOCIAL AND CULTURE BEHAVIOR MODELING (HSCB) RESEARCH AND ENGINEERING.5,131 5,131 

102 0604775D8Z DEFENSE RAPID INNOVATION PROGRAM ................... 200,000 

Rapid Innovation Program ............................................ [200,000 ] 

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 


dkrause on DSKHT7XVN1PROD with KATH
126 STAT. 2270 PUBLIC LAW 112–239—JAN. 2, 2013 

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

(In Thousands of Dollars) 

Line Program 

Element Item FY 2013 Request 

Conference 

Authorized 

108 0604881C AEGIS SM–3 BLOCK IIA CO-DEVELOPMENT ............... 420,630 420,630 

109 0604883C PRECISION TRACKING SPACE SENSOR RDT&E ......... 297,375 242,375 

Project decrease to support technology development .. [–55,000 ] 

111 0604886C ADVANCED REMOTE SENSOR TECHNOLOGY (ARST) 58,742 33,742 

Program reduction .......................................................... [–25,000 ] 

113 0303191D8Z JOINT ELECTROMAGNETIC TECHNOLOGY (JET) 

PROGRAM.

3,158 3,158 

SUBTOTAL ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES.6,282,166 6,878,966 

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 

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 


dkrause on DSKHT7XVN1PROD with KATH
PUBLIC LAW 112–239—JAN. 2, 2013 126 STAT. 2271 

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

(In Thousands of Dollars) 

Line Program 

Element Item FY 2013 Request 

Conference 

Authorized 

163 0605803SE R&D IN SUPPORT OF DOD ENLISTMENT, TESTING 

AND EVALUATION.

16,364 16,364 

164 0605804D8Z DEVELOPMENT TEST AND EVALUATION .................... 15,110 20,110 

DT&E Increase ............................................................... [5,000 ] 

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 .... 887,928 892,928 

OPERATIONAL SYSTEMS DEVELOPMENT 

185 0604130V ENTERPRISE SECURITY SYSTEM (ESS) ........................ 8,866 8,866 

186 0605127T REGIONAL INTERNATIONAL OUTREACH (RIO) AND 

PARTNERSHIP FOR PEACE INFORMATION MGMT.

3,238 3,238 

187 0605147T OVERSEAS HUMANITARIAN ASSISTANCE SHARED 

INFORMATION SYSTEM (OHASIS).

288 288 

188 0607384BP CHEMICAL AND BIOLOGICAL DEFENSE (OPERATIONAL SYSTEMS DEVELOPMENT).14,745 14,745 

190 0607828J JOINT INTEGRATION AND INTEROPERABILITY ........ 5,013 5,013 

191 0208043J PLANNING AND DECISION AID SYSTEM (PDAS) ........ 3,922 3,922 

192 0208045K C4I INTEROPERABILITY ................................................... 72,574 72,574 

194 0301144K JOINT/ALLIED COALITION INFORMATION SHARING 6,214 6,214 

201 0302016K NATIONAL MILITARY COMMAND SYSTEM-WIDE 

SUPPORT.

499 499 

202 0302019K DEFENSE INFO INFRASTRUCTURE ENGINEERING 

AND INTEGRATION.

14,498 14,498 

203 0303126K LONG-HAUL COMMUNICATIONS—DCS ........................ 26,164 26,164 

204 0303131K MINIMUM ESSENTIAL EMERGENCY COMMUNICATIONS NETWORK (MEECN).12,931 12,931 

205 0303135G PUBLIC KEY INFRASTRUCTURE (PKI) .......................... 6,296 6,296 

206 0303136G KEY MANAGEMENT INFRASTRUCTURE (KMI) ........... 30,948 30,948 

207 0303140D8Z INFORMATION SYSTEMS SECURITY PROGRAM ......... 11,780 11,780 

208 0303140G INFORMATION SYSTEMS SECURITY PROGRAM ......... 191,452 191,452 

211 0303150K GLOBAL COMMAND AND CONTROL SYSTEM ............. 36,575 36,575 

212 0303153K DEFENSE SPECTRUM ORGANIZATION ......................... 24,278 24,278 

213 0303170K NET-CENTRIC ENTERPRISE SERVICES (NCES) .......... 2,924 2,924 

214 0303260D8Z DEFENSE MILITARY DECEPTION PROGRAM OFFICE 

(DMDPO).

1,294 1,294 

215 0303610K TELEPORT PROGRAM ........................................................ 6,050 6,050 

217 0304210BB SPECIAL APPLICATIONS FOR CONTINGENCIES ........ 17,058 17,058 

222 0305103K CYBER SECURITY INITIATIVE ........................................ 4,189 4,189 

223 0305125D8Z CRITICAL INFRASTRUCTURE PROTECTION (CIP) ..... 10,462 10,462 

227 0305186D8Z POLICY R&D PROGRAMS .................................................. 6,360 6,360 

229 0305199D8Z NET CENTRICITY ................................................................ 21,190 21,190 

232 0305208BB DISTRIBUTED COMMON GROUND/SURFACE SYSTEMS.7,114 7,714 

USSOCOM UFR ............................................................. [600 ] 

235 0305208K DISTRIBUTED COMMON GROUND/SURFACE SYSTEMS.3,247 3,247 

237 0305219BB MQ–1 PREDATOR A UAV ................................................... 1,355 1,355 

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 


dkrause on DSKHT7XVN1PROD with KATH
126 STAT. 2272 PUBLIC LAW 112–239—JAN. 2, 2013 

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

(In Thousands of Dollars) 

Line Program 

Element Item FY 2013 Request 

Conference 

Authorized 

253 1105219BB MQ–9 UAV ............................................................................. 3,002 3,002 

257 1160403BB SPECIAL OPERATIONS AVIATION SYSTEMS ADVANCED DEVELOPMENT.97,267 97,267 

258 1160404BB SPECIAL OPERATIONS TACTICAL SYSTEMS DEVELOPMENT.821 821 

259 1160405BB SPECIAL OPERATIONS INTELLIGENCE SYSTEMS 

DEVELOPMENT.

25,935 25,935 

260 1160408BB SOF OPERATIONAL ENHANCEMENTS .......................... 51,700 51,700 

261 1160421BB SPECIAL OPERATIONS CV–22 DEVELOPMENT ........... 1,822 1,822 

262 1160427BB MISSION TRAINING AND PREPARATION SYSTEMS 

(MTPS).

10,131 10,131 

263 1160429BB AC/MC–130J .......................................................................... 19,647 19,647 

264 1160474BB SOF COMMUNICATIONS EQUIPMENT AND ELECTRONICS SYSTEMS.2,225 2,225 

265 1160476BB SOF TACTICAL RADIO SYSTEMS .................................... 3,036 3,036 

266 1160477BB SOF WEAPONS SYSTEMS .................................................. 1,511 1,511 

267 1160478BB SOF SOLDIER PROTECTION AND SURVIVAL SYSTEMS.4,263 4,263 

268 1160479BB SOF VISUAL AUGMENTATION, LASERS AND SENSOR SYSTEMS.4,448 4,448 

269 1160480BB SOF TACTICAL VEHICLES ................................................ 11,325 11,325 

270 1160481BB SOF MUNITIONS ................................................................. 1,515 1,515 

271 1160482BB SOF ROTARY WING AVIATION ........................................ 24,430 24,430 

272 1160483BB SOF UNDERWATER SYSTEMS ......................................... 26,405 69,405 

Program increase ............................................................ [35,000 ] 

Transfer from PDW Line 64 at USSOCOM request ... [8,000 ] 

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 3,754,516 

SUBTOTAL OPERATIONAL SYSTEMS DEVELOPMENT.4,667,738 4,711,338 

UNDISTRIBUTED GENERAL PROVISIONS 

276B 9999999999 UNDISTRIBUTED GENERAL PROVISIONS .................... –25,000 

DARPA classified programs reduction ...................... [–25,000 ] 

SUBTOTAL UNDISTRIBUTED GENERAL PROVISIONS.–25,000 

TOTAL RESEARCH, DEVELOPMENT, TEST 

& EVAL, DW.

17,982,161 18,550,561 

OPERATIONAL TEST & EVAL, DEFENSE 

RDT&E MANAGEMENT SUPPORT 

001 0605118OTE OPERATIONAL TEST AND EVALUATION ...................... 72,501 87,501 

Program increase for DOT&E cyber—range operations.[15,000 ] 

002 0605131OTE LIVE FIRE TEST AND EVALUATION .............................. 49,201 49,201 

003 0605814OTE OPERATIONAL TEST ACTIVITIES AND ANALYSES .... 63,566 63,566 

SUBTOTAL RDT&E MANAGEMENT SUPPORT .... 185,268 200,268 

TOTAL OPERATIONAL TEST & EVAL, DEFENSE.185,268 200,268 

TOTAL RDT&E ........................................................ 69,407,767 69,937,900 


dkrause on DSKHT7XVN1PROD with KATH
PUBLIC LAW 112–239—JAN. 2, 2013 126 STAT. 2273 

SEC. 4202. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION FOR 

OVERSEAS CONTINGENCY OPERATIONS. 

SEC. 4202. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2013 Request 

Conference 

Authorized 

ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES 

060 0603747A SOLDIER SUPPORT AND SURVIVABILITY ...................... 19,860 14,860 

Program adjustment ........................................................ [–5,000 ] 

SUBTOTAL ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES.19,860 19,860 

TOTAL RESEARCH, DEVELOPMENT, TEST & 

EVAL, ARMY.

19,860 14,860 

ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES 

056 0603654N JOINT SERVICE EXPLOSIVE ORDNANCE DEVELOPMENT.4,600 4,600 

SUBTOTAL ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES.4,600 4,600 

SYSTEM DEVELOPMENT & DEMONSTRATION 

131 0604771N MEDICAL DEVELOPMENT .................................................. 2,173 2,173 

SUBTOTAL SYSTEM DEVELOPMENT & DEMONSTRATION.2,173 2,173 

RDT&E MANAGEMENT SUPPORT 

160 0605866N NAVY SPACE AND ELECTRONIC WARFARE (SEW) 

SUPPORT.

5,200 5,200 

SUBTOTAL RDT&E MANAGEMENT SUPPORT .. 5,200 5,200 

OPERATIONAL SYSTEMS DEVELOPMENT 

195 0206624M MARINE CORPS COMBAT SERVICES SUPPORT ............ 6,762 6,762 

221 0305233N RQ–7 UAV ............................................................................... 7,600 7,600 

230A 9999999999 CLASSIFIED PROGRAMS ..................................................... 33,784 33,784 

SUBTOTAL OPERATIONAL SYSTEMS DEVELOPMENT.48,146 48,146 

TOTAL RESEARCH, DEVELOPMENT, TEST & 

EVAL, NAVY.

60,119 60,119 

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 

OPERATIONAL SYSTEMS DEVELOPMENT 

239 0305231BB MQ–8 UAV ............................................................................... 5,000 5,000 

276A 9999999999 CLASSIFIED PROGRAMS ..................................................... 107,387 107,387 

SUBTOTAL OPERATIONAL SYSTEMS DEVELOPMENT.112,387 112,387 

TOTAL RESEARCH, DEVELOPMENT, TEST & 

EVAL, DW.

112,387 112,387 

TOTAL RDT&E .......................................................... 245,516 240,516 


dkrause on DSKHT7XVN1PROD with KATH
126 STAT. 2274 PUBLIC LAW 112–239—JAN. 2, 2013 

TITLE XLIII—OPERATION AND 

MAINTENANCE 

SEC. 4301. OPERATION AND MAINTENANCE. 

SEC. 4301. OPERATION AND MAINTENANCE 

(In Thousands of Dollars) 

Line Item FY 2013 

Request 

Conference 

Authorized 

OPERATION & MAINTENANCE, ARMY 

OPERATING FORCES 

010 MANEUVER UNITS ....................................................... 1,223,087 1,223,087 

020 MODULAR SUPPORT BRIGADES ............................... 80,574 80,574 

030 ECHELONS ABOVE BRIGADE .................................... 723,039 723,039 

040 THEATER LEVEL ASSETS .......................................... 706,974 706,974 

050 LAND FORCES OPERATIONS SUPPORT .................. 1,226,650 1,226,650 

060 AVIATION ASSETS ........................................................ 1,319,832 1,319,832 

070 FORCE READINESS OPERATIONS SUPPORT ......... 3,447,174 3,447,174 

080 LAND FORCES SYSTEMS READINESS ..................... 454,774 454,774 

090 LAND FORCES DEPOT MAINTENANCE .................. 1,762,757 1,762,757 

100 BASE OPERATIONS SUPPORT ................................... 7,401,613 7,349,613 

Army requested transfer to Other Procurement, 

Army for emgergency mananagement modernization prgram ................................................. [–52,000 ] 

110 FACILITIES SUSTAINMENT, RESTORATION & 

MODERNIZATION ..................................................... 3,041,074 3,259,674 

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 22,603,471 

MOBILIZATION 

180 STRATEGIC MOBILITY ................................................ 405,496 405,496 

190 ARMY PREPOSITIONING STOCKS ............................ 195,349 195,349 

200 INDUSTRIAL PREPAREDNESS .................................. 6,379 6,379 

SUBTOTAL MOBILIZATION ............................. 607,224 607,224 

TRAINING AND RECRUITING 

210 OFFICER ACQUISITION .............................................. 112,866 112,866 

220 RECRUIT TRAINING .................................................... 73,265 73,265 

230 ONE STATION UNIT TRAINING ................................ 51,227 51,227 

240 SENIOR RESERVE OFFICERS 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 


dkrause on DSKHT7XVN1PROD with KATH
PUBLIC LAW 112–239—JAN. 2, 2013 126 STAT. 2275 

SEC. 4301. OPERATION AND MAINTENANCE 

(In Thousands of Dollars) 

Line Item FY 2013 

Request 

Conference 

Authorized 

410 MANPOWER MANAGEMENT ...................................... 362,205 338,205 

Army-Identified Excess for Civilian Personnel Resources Support .................................................... [–24,000 ] 

420 OTHER PERSONNEL SUPPORT ................................. 220,754 220,754 

430 OTHER SERVICE SUPPORT ........................................ 1,153,556 1,150,509 

Army Museum Funding (Early to need) ................ [–3,047 ] 

440 ARMY CLAIMS ACTIVITIES ........................................ 250,970 250,970 

450 REAL ESTATE MANAGEMENT .................................. 222,351 222,351 

460 BASE OPERATIONS SUPPORT ................................... 222,379 222,379 

470 SUPPORT OF NATO OPERATIONS ............................ 459,710 459,710 

480 MISC. SUPPORT OF OTHER NATIONS ..................... 25,637 25,637 

490 CLASSIFIED PROGRAMS ............................................. 1,052,595 1,052,595 

SUBTOTAL ADMIN & SRVWIDE ACTIVITIES ...................................................................... 8,505,887 8,478,840 

UNDISTRIBUTED ADJUSTMENTS 

500 UNDISTRIBUTED ADJUSTMENTS ............................ –266,600 

Excess Working Capital Fund Carry Over ............ [–146,600 ] 

Historical unobligated balances .............................. [–120,000 ] 

SUBTOTAL UNDISTRIBUTED ADJUSTMENTS ................................................................. –266,600 

TOTAL OPERATION & MAINTENANCE, 

ARMY ................................................................ 36,608,592 36,481,545 

OPERATION & MAINTENANCE, NAVY 

OPERATING FORCES 

010 MISSION AND OTHER FLIGHT OPERATIONS ........ 4,918,144 4,927,144 

Cruiser Retention ..................................................... [9,000 ] 

020 FLEET AIR TRAINING ................................................. 1,886,825 1,886,825 

030 AVIATION TECHNICAL DATA & ENGINEERING 

SERVICES ................................................................... 44,032 44,032 

040 AIR OPERATIONS AND SAFETY SUPPORT ............. 101,565 101,565 

050 AIR SYSTEMS SUPPORT ............................................. 374,827 374,827 

060 AIRCRAFT DEPOT MAINTENANCE .......................... 960,802 960,802 

070 AIRCRAFT DEPOT OPERATIONS SUPPORT ............ 37,545 37,545 

080 AVIATION LOGISTICS .................................................. 328,805 328,805 

090 MISSION AND OTHER SHIP OPERATIONS ............. 4,686,535 4,711,185 

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 


dkrause on DSKHT7XVN1PROD with KATH
126 STAT. 2276 PUBLIC LAW 112–239—JAN. 2, 2013 

SEC. 4301. OPERATION AND MAINTENANCE 

(In Thousands of Dollars) 

Line Item FY 2013 

Request 

Conference 

Authorized 

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 1,057,329 

Cruiser Retention ..................................................... [–9,000 ] 

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 1,508,648 

TRAINING AND RECRUITING 

370 OFFICER ACQUISITION .............................................. 147,807 147,807 

380 RECRUIT TRAINING .................................................... 10,473 10,473 

390 RESERVE OFFICERS TRAINING CORPS .................. 139,220 139,220 

400 SPECIALIZED SKILL TRAINING ................................ 582,177 582,177 

410 FLIGHT TRAINING ....................................................... 5,456 5,456 

420 PROFESSIONAL DEVELOPMENT EDUCATION ..... 170,746 170,746 

430 TRAINING SUPPORT .................................................... 153,403 153,403 

440 RECRUITING AND ADVERTISING ............................ 241,329 242,267 

Naval Sea Cadet Corps ............................................ [938 ] 

450 OFF-DUTY AND VOLUNTARY EDUCATION ............ 108,226 108,226 

460 CIVILIAN EDUCATION AND TRAINING .................. 105,776 105,776 

470 JUNIOR ROTC ................................................................ 51,817 51,817 

SUBTOTAL TRAINING AND RECRUITING .. 1,716,430 1,717,368 

ADMIN & SRVWD ACTIVITIES 

480 ADMINISTRATION ........................................................ 797,177 797,177 

490 EXTERNAL RELATIONS .............................................. 12,872 12,872 

500 CIVILIAN MANPOWER AND PERSONNEL MANAGEMENT ................................................................... 120,181 120,181 

510 MILITARY MANPOWER AND PERSONNEL MANAGEMENT ................................................................... 235,753 235,753 

520 OTHER PERSONNEL SUPPORT ................................. 263,060 263,060 

530 SERVICEWIDE COMMUNICATIONS ......................... 363,213 363,213 

550 SERVICEWIDE TRANSPORTATION ........................... 182,343 182,343 

570 PLANNING, ENGINEERING AND DESIGN .............. 282,464 282,464 

580 ACQUISITION AND PROGRAM MANAGEMENT ..... 1,092,123 1,092,123 

590 HULL, MECHANICAL AND ELECTRICAL SUPPORT ............................................................................ 53,560 53,560 

600 COMBAT/WEAPONS SYSTEMS ................................... 25,299 25,299 

610 SPACE AND ELECTRONIC WARFARE SYSTEMS ... 64,418 64,418 

620 NAVAL INVESTIGATIVE SERVICE ............................ 580,042 580,042 

680 INTERNATIONAL HEADQUARTERS AND AGENCIES ............................................................................. 4,984 4,984 

710 CLASSIFIED PROGRAMS ............................................. 537,079 537,079 

SUBTOTAL ADMIN & SRVWD ACTIVITIES 4,614,568 4,614,568 

UNDISTRIBUTED ADJUSTMENTS 

720 UNDISTRIBUTED ADJUSTMENTS ............................ –23,000 

Historical unobligated balances .............................. [–23,000 ] 


dkrause on DSKHT7XVN1PROD with KATH
PUBLIC LAW 112–239—JAN. 2, 2013 126 STAT. 2277 

SEC. 4301. OPERATION AND MAINTENANCE 

(In Thousands of Dollars) 

Line Item FY 2013 

Request 

Conference 

Authorized 

SUBTOTAL UNDISTRIBUTED ADJUSTMENTS ................................................................. –23,000 

TOTAL OPERATION & MAINTENANCE, 

NAVY ................................................................. 41,606,943 41,745,965 

OPERATION & MAINTENANCE, MARINE 

CORPS 

OPERATING FORCES 

010 OPERATIONAL FORCES .............................................. 788,055 788,055 

020 FIELD LOGISTICS ......................................................... 762,614 762,614 

030 DEPOT MAINTENANCE ............................................... 168,447 168,447 

040 MARITIME PREPOSITIONING .................................... 100,374 100,374 

050 SUSTAINMENT, RESTORATION & MODERNIZATION ............................................................................. 825,039 847,839 

Restoration and Modernization of Facilities .......... [22,800 ] 

060 BASE OPERATING SUPPORT ..................................... 2,188,883 2,188,883 

SUBTOTAL OPERATING FORCES .................. 4,833,412 4,856,212 

TRAINING AND RECRUITING 

070 RECRUIT TRAINING .................................................... 18,251 18,251 

080 OFFICER ACQUISITION .............................................. 869 869 

090 SPECIALIZED SKILL TRAINING ................................ 80,914 80,914 

100 PROFESSIONAL DEVELOPMENT EDUCATION ..... 42,744 42,744 

110 TRAINING SUPPORT .................................................... 292,150 292,150 

120 RECRUITING AND ADVERTISING ............................ 168,609 168,609 

130 OFF-DUTY AND VOLUNTARY EDUCATION ............ 56,865 56,865 

140 JUNIOR ROTC ................................................................ 19,912 19,912 

SUBTOTAL TRAINING AND RECRUITING .. 680,314 680,314 

ADMIN & SRVWD ACTIVITIES 

150 SERVICEWIDE TRANSPORTATION ........................... 39,962 39,962 

170 ACQUISITION AND PROGRAM MANAGEMENT ..... 83,404 83,404 

190 CLASSIFIED PROGRAMS ............................................. 346,071 346,071 

SUBTOTAL ADMIN & SRVWD ACTIVITIES 469,437 469,437 

TOTAL OPERATION & MAINTENANCE, 

MARINE CORPS ............................................ 5,983,163 6,005,963 

OPERATION & MAINTENANCE, AIR FORCE 

OPERATING FORCES 

010 PRIMARY COMBAT FORCES ...................................... 2,973,141 2,973,141 

020 COMBAT ENHANCEMENT FORCES ......................... 1,611,032 1,744,032 

Global Hawk Block 30 ............................................. [133,000 ] 

030 AIR OPERATIONS TRAINING (OJT, MAINTAIN 

SKILLS) ........................................................................ 1,472,806 1,472,806 

040 DEPOT MAINTENANCE ............................................... 5,545,470 5,545,470 

050 FACILITIES SUSTAINMENT, RESTORATION & 

MODERNIZATION ..................................................... 1,353,987 1,489,386 

Restoration and Modernization of Facilities .......... [135,399 ] 

060 BASE SUPPORT ............................................................. 2,595,032 2,595,032 

070 GLOBAL C3I AND EARLY WARNING ........................ 957,040 957,040 

080 OTHER COMBAT OPS SPT PROGRAMS ................... 916,200 916,200 

100 TACTICAL INTEL AND OTHER 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 ..................................................................... 862,979 850,979 


dkrause on DSKHT7XVN1PROD with KATH
126 STAT. 2278 PUBLIC LAW 112–239—JAN. 2, 2013 

SEC. 4301. OPERATION AND MAINTENANCE 

(In Thousands of Dollars) 

Line Item FY 2013 

Request 

Conference 

Authorized 

Joint Forces Command restructuring .................... [–12,000 ] 

140 COMBATANT COMMANDERS CORE OPERATIONS 222,429 222,429 

SUBTOTAL OPERATING FORCES .................. 20,047,084 20,303,483 

MOBILIZATION 

150 AIRLIFT OPERATIONS ................................................. 1,785,379 1,785,379 

160 MOBILIZATION PREPAREDNESS .............................. 154,049 154,049 

170 DEPOT MAINTENANCE ............................................... 1,477,396 1,477,396 

180 FACILITIES SUSTAINMENT, 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 ............................ –32,000 

Historical unobligated balances .............................. [–32,000 ] 

SUBTOTAL UNDISTRIBUTED ADJUSTMENTS ................................................................. –32,000 

TOTAL OPERATION & MAINTENANCE, 

AIR FORCE ..................................................... 35,435,360 35,659,759 

OPERATION & MAINTENANCE, DEFENSEWIDE 

OPERATING FORCES 

010 JOINT CHIEFS OF STAFF ........................................... 485,708 485,708 


dkrause on DSKHT7XVN1PROD with KATH
PUBLIC LAW 112–239—JAN. 2, 2013 126 STAT. 2279 

SEC. 4301. OPERATION AND MAINTENANCE 

(In Thousands of Dollars) 

Line Item FY 2013 

Request 

Conference 

Authorized 

020 SPECIAL OPERATIONS COMMAND .......................... 5,091,001 

Transfer from line 025 ............................................. [5,091,001 ] 

025 CLASSIFIED PROGRAMS ............................................. 5,091,001 0 

Transfer to Line 020 ................................................ [–5,091,001 ] 

SUBTOTAL OPERATING FORCES .................. 5,576,709 5,576,709 

TRAINING AND RECRUITING 

030 DEFENSE ACQUISITION UNIVERSITY .................... 147,210 147,210 

040 NATIONAL DEFENSE UNIVERSITY .......................... 84,999 84,999 

SUBTOTAL TRAINING AND RECRUITING .. 232,209 232,209 

ADMIN & SRVWD ACTIVITIES 

050 CIVIL MILITARY PROGRAMS ..................................... 161,294 161,294 

080 DEFENSE CONTRACT AUDIT AGENCY ................... 573,973 573,973 

090 DEFENSE CONTRACT MANAGEMENT AGENCY ... 1,293,196 1,293,196 

100 DEFENSE FINANCE AND ACCOUNTING SERVICE 17,513 17,513 

110 DEFENSE HUMAN RESOURCES ACTIVITY ............ 676,186 676,186 

120 DEFENSE INFORMATION SYSTEMS AGENCY ....... 1,346,847 1,346,847 

140 DEFENSE LEGAL SERVICES AGENCY .................... 35,137 35,137 

150 DEFENSE LOGISTICS AGENCY ................................. 431,893 431,893 

160 DEFENSE MEDIA ACTIVITY ....................................... 224,013 224,013 

170 DEFENSE POW/MIA OFFICE ...................................... 21,964 21,964 

180 DEFENSE SECURITY COOPERATION AGENCY ..... 557,917 557,917 

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 2,105,362 

Office of Net Assessment ......................................... [10,000 ] 

270 WASHINGTON HEADQUARTERS SERVICE ............ 521,297 521,297 

280 CLASSIFIED PROGRAMS ............................................. 14,933,801 14,033,757 

Additional ISR Support to Operation Observant 

Compass ................................................................ [50,000 ] 

Transfer to Line 190 ................................................ [–506,662 ] 

Transfer to Line 210 ................................................ [–443,382 ] 

SUBTOTAL ADMIN & SRVWD ACTIVITIES 26,184,095 26,244,095 

UNDISTRIBUTED ADJUSTMENTS 

290 UNDISTRIBUTED ADJUSTMENTS ............................ 35,000 

DOD Impact Aid ....................................................... [30,000 ] 

Impact aid for children with severe disabilities .... [5,000 ] 

SUBTOTAL UNDISTRIBUTED ADJUSTMENTS ................................................................. 35,000 

TOTAL OPERATION & MAINTENANCE, 

DEFENSE-WIDE ............................................ 31,993,013 32,088,013 

OPERATION & MAINTENANCE, ARMY RES 

OPERATING FORCES 

010 MANEUVER UNITS ....................................................... 1,391 1,391 

020 MODULAR SUPPORT BRIGADES ............................... 20,889 20,889 

030 ECHELONS ABOVE BRIGADE .................................... 592,724 592,724 

040 THEATER LEVEL ASSETS .......................................... 114,983 114,983 


dkrause on DSKHT7XVN1PROD with KATH
126 STAT. 2280 PUBLIC LAW 112–239—JAN. 2, 2013 

SEC. 4301. OPERATION AND MAINTENANCE 

(In Thousands of Dollars) 

Line Item FY 2013 

Request 

Conference 

Authorized 

050 LAND FORCES OPERATIONS SUPPORT .................. 633,091 633,091 

060 AVIATION ASSETS ........................................................ 76,823 76,823 

070 FORCE READINESS OPERATIONS SUPPORT ......... 481,997 481,997 

080 LAND FORCES SYSTEMS READINESS ..................... 70,118 70,118 

090 LAND FORCES DEPOT MAINTENANCE .................. 141,205 141,205 

100 BASE OPERATIONS SUPPORT ................................... 561,878 561,878 

110 FACILITIES SUSTAINMENT, RESTORATION & 

MODERNIZATION ..................................................... 287,399 308,099 

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 11,574 

Unjustified growth for civilian personnel .............. [–4,500 ] 

180 RECRUITING AND ADVERTISING ............................ 60,683 60,683 

SUBTOTAL ADMIN & SRVWD ACTIVITIES 127,079 122,579 

TOTAL OPERATION & MAINTENANCE, 

ARMY RES ....................................................... 3,162,008 3,178,208 

OPERATION & MAINTENANCE, NAVY RES 

OPERATING FORCES 

010 MISSION AND OTHER FLIGHT OPERATIONS ........ 616,776 616,776 

020 INTERMEDIATE MAINTENANCE .............................. 15,076 15,076 

030 AIR OPERATIONS AND SAFETY SUPPORT ............. 1,479 1,479 

040 AIRCRAFT DEPOT MAINTENANCE .......................... 107,251 107,251 

050 AIRCRAFT DEPOT OPERATIONS SUPPORT ............ 355 355 

060 MISSION AND OTHER SHIP OPERATIONS ............. 82,186 82,186 

070 SHIP OPERATIONS SUPPORT & TRAINING ........... 589 589 

080 SHIP DEPOT MAINTENANCE .................................... 48,593 48,593 

090 COMBAT COMMUNICATIONS .................................... 15,274 15,274 

100 COMBAT SUPPORT FORCES ...................................... 124,917 124,917 

110 WEAPONS MAINTENANCE ......................................... 1,978 1,978 

120 ENTERPRISE INFORMATION ..................................... 43,699 43,699 

130 SUSTAINMENT, RESTORATION AND MODERNIZATION .............................................................. 60,646 60,646 

140 BASE OPERATING SUPPORT ..................................... 105,227 105,227 

SUBTOTAL OPERATING FORCES .................. 1,224,046 1,224,046 

ADMIN & SRVWD ACTIVITIES 

150 ADMINISTRATION ........................................................ 3,117 3,117 

160 MILITARY MANPOWER AND PERSONNEL MANAGEMENT ................................................................... 14,337 14,337 

170 SERVICEWIDE COMMUNICATIONS ......................... 2,392 2,392 

180 ACQUISITION AND PROGRAM MANAGEMENT ..... 3,090 3,090 

SUBTOTAL ADMIN & SRVWD ACTIVITIES 22,936 22,936 

TOTAL OPERATION & MAINTENANCE, 

NAVY RES ....................................................... 1,246,982 1,246,982 

OPERATION & MAINTENANCE, MC RESERVE 

OPERATING FORCES 

010 OPERATING FORCES ................................................... 89,690 89,690 

020 DEPOT MAINTENANCE ............................................... 16,735 16,735 

030 SUSTAINMENT, RESTORATION AND MODERNIZATION .............................................................. 37,913 37,913 


dkrause on DSKHT7XVN1PROD with KATH
PUBLIC LAW 112–239—JAN. 2, 2013 126 STAT. 2281 

SEC. 4301. OPERATION AND MAINTENANCE 

(In Thousands of Dollars) 

Line Item FY 2013 

Request 

Conference 

Authorized 

040 BASE OPERATING SUPPORT ..................................... 103,746 103,746 

SUBTOTAL OPERATING FORCES .................. 248,084 248,084 

ADMIN & SRVWD ACTIVITIES 

050 SERVICEWIDE TRANSPORTATION ........................... 873 873 

060 ADMINISTRATION ........................................................ 14,330 14,330 

070 RECRUITING AND ADVERTISING ............................ 8,998 8,998 

SUBTOTAL ADMIN & SRVWD ACTIVITIES 24,201 24,201 

TOTAL OPERATION & MAINTENANCE, 

MC RESERVE ................................................. 272,285 272,285 

OPERATION & MAINTENANCE, AF RESERVE 

OPERATING FORCES 

010 PRIMARY COMBAT FORCES ...................................... 2,089,326 2,089,326 

020 MISSION SUPPORT OPERATIONS ............................ 112,992 112,992 

030 DEPOT MAINTENANCE ............................................... 406,101 406,101 

040 FACILITIES SUSTAINMENT, RESTORATION & 

MODERNIZATION ..................................................... 71,564 78,264 

Restoration and Modernization of Facilities .......... [6,700 ] 

050 BASE SUPPORT ............................................................. 364,862 364,862 

SUBTOTAL OPERATING FORCES .................. 3,044,845 3,051,545 

ADMIN & SRVWD ACTIVITIES 

060 ADMINISTRATION ........................................................ 78,824 78,824 

070 RECRUITING AND ADVERTISING ............................ 16,020 16,020 

080 MILITARY MANPOWER AND PERS MGMT (ARPC) 19,496 19,496 

090 OTHER PERS SUPPORT (DISABILITY COMP) ......... 6,489 6,489 

100 AUDIOVISUAL ............................................................... 808 808 

SUBTOTAL ADMIN & SRVWD ACTIVITIES 121,637 121,637 

UNDISTRIBUTED ADJUSTMENTS 

110 UNDISTRIBUTED ADJUSTMENTS ............................ 33,900 

Retain Air Force Reserve Force Structure ............. [33,900 ] 

SUBTOTAL UNDISTRIBUTED ADJUSTMENTS ................................................................. 33,900 

TOTAL OPERATION & MAINTENANCE, 

AF RESERVE .................................................. 3,166,482 3,207,082 

OPERATION & MAINTENANCE, ARNG 

OPERATING FORCES 

010 MANEUVER UNITS ....................................................... 680,206 680,206 

020 MODULAR SUPPORT BRIGADES ............................... 186,408 186,408 

030 ECHELONS ABOVE BRIGADE .................................... 865,628 865,628 

040 THEATER LEVEL ASSETS .......................................... 112,651 112,651 

050 LAND FORCES OPERATIONS SUPPORT .................. 36,091 36,091 

060 AVIATION ASSETS ........................................................ 907,011 907,011 

070 FORCE READINESS OPERATIONS SUPPORT ......... 751,606 751,606 

080 LAND FORCES SYSTEMS READINESS ..................... 60,043 60,043 

090 LAND FORCES DEPOT MAINTENANCE .................. 411,940 411,940 

100 BASE OPERATIONS SUPPORT ................................... 995,423 995,423 

110 FACILITIES SUSTAINMENT, RESTORATION & 

MODERNIZATION ..................................................... 688,189 737,589 

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 


dkrause on DSKHT7XVN1PROD with KATH
126 STAT. 2282 PUBLIC LAW 112–239—JAN. 2, 2013 

SEC. 4301. OPERATION AND MAINTENANCE 

(In Thousands of Dollars) 

Line Item FY 2013 

Request 

Conference 

Authorized 

130 SERVICEWIDE TRANSPORTATION ........................... 11,806 11,806 

140 REAL ESTATE MANAGEMENT .................................. 1,656 1,656 

150 ADMINISTRATION ........................................................ 89,358 89,358 

160 SERVICEWIDE COMMUNICATIONS ......................... 39,513 39,513 

170 MANPOWER MANAGEMENT ...................................... 7,224 7,224 

180 RECRUITING AND ADVERTISING ............................ 310,143 310,143 

SUBTOTAL ADMIN & SRVWD ACTIVITIES 459,700 459,700 

TOTAL OPERATION & MAINTENANCE, 

ARNG ................................................................ 7,108,612 7,158,012 

OPERATION & MAINTENANCE, ANG 

OPERATING FORCES 

010 AIRCRAFT OPERATIONS ............................................. 3,559,824 3,559,824 

020 MISSION SUPPORT OPERATIONS ............................ 721,225 721,225 

030 DEPOT MAINTENANCE ............................................... 774,875 774,875 

040 FACILITIES SUSTAINMENT, RESTORATION & 

MODERNIZATION ..................................................... 270,709 295,409 

Restoration and Modernization of Facilities .......... [24,700 ] 

050 BASE SUPPORT ............................................................. 624,443 624,443 

SUBTOTAL OPERATING FORCES .................. 5,951,076 5,975,776 

ADMIN & SRVWD ACTIVITIES 

060 ADMINISTRATION ........................................................ 32,358 32,358 

070 RECRUITING AND ADVERTISING ............................ 32,021 32,021 

SUBTOTAL ADMIN & SRVWD ACTIVITIES 64,379 64,379 

UNDISTRIBUTED ADJUSTMENTS 

080 UNDISTRIBUTED ADJUSTMENTS ............................ 145,400 

Retain Air National Guard Force Structure .......... [145,400 ] 

SUBTOTAL UNDISTRIBUTED ADJUSTMENTS ................................................................. 145,400 

TOTAL OPERATION & MAINTENANCE, 

ANG ................................................................... 6,015,455 6,185,555 

MISCELLANEOUS APPROPRIATIONS 

MISCELLANEOUS APPROPRIATIONS 

020 OVERSEAS HUMANITARIAN, DISASTER AND 

CIVIC AID .................................................................... 108,759 108,759 

030 COOPERATIVE THREAT REDUCTION ..................... 519,111 519,111 

040 ACQ WORKFORCE DEV FD ......................................... 274,198 274,198 

050 ENVIRONMENTAL RESTORATION, ARMY .............. 335,921 335,921 

SUBTOTAL MISCELLANEOUS APPROPRIATIONS ................................................................... 1,237,989 1,237,989 

MISCELLANEOUS APPROPRIATIONS 

060 ENVIRONMENTAL RESTORATION, NAVY .............. 310,594 310,594 

SUBTOTAL MISCELLANEOUS APPROPRIATIONS ................................................................... 310,594 310,594 

MISCELLANEOUS APPROPRIATIONS 

070 ENVIRONMENTAL RESTORATION, AIR FORCE .... 529,263 529,263 

SUBTOTAL MISCELLANEOUS APPROPRIATIONS ................................................................... 529,263 529,263 

MISCELLANEOUS APPROPRIATIONS 

010 US COURT OF APPEALS FOR THE ARMED 

FORCES, DEFENSE ................................................... 13,516 13,516 


dkrause on DSKHT7XVN1PROD with KATH
PUBLIC LAW 112–239—JAN. 2, 2013 126 STAT. 2283 

SEC. 4301. OPERATION AND MAINTENANCE 

(In Thousands of Dollars) 

Line Item FY 2013 

Request 

Conference 

Authorized 

080 ENVIRONMENTAL RESTORATION, DEFENSE ....... 11,133 11,133 

SUBTOTAL MISCELLANEOUS APPROPRIATIONS ................................................................... 24,649 24,649 

MISCELLANEOUS APPROPRIATIONS 

090 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 .... 174,938,933 175,569,407 

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

SEC. 4302. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Line Item FY 2013 

Request 

Conference 

Authorized 

OPERATION & MAINTENANCE, ARMY 

OPERATING FORCES 

040 THEATER LEVEL ASSETS .................................................. 2,758,162 2,758,162 

050 LAND FORCES OPERATIONS SUPPORT ......................... 991,396 991,396 

060 AVIATION ASSETS ............................................................... 40,300 40,300 

070 FORCE READINESS OPERATIONS SUPPORT ................ 1,755,445 1,755,445 

080 LAND FORCES SYSTEMS READINESS ............................ 307,244 307,244 

100 BASE OPERATIONS SUPPORT .......................................... 393,165 393,165 

110 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION ...................................................................... 250,000 250,000 

140 ADDITIONAL ACTIVITIES .................................................. 12,524,137 12,514,137 

Task Force for Stability Operations: Operations/ 

Sustainment Request .................................................. [–10,000 ] 

150 COMMANDERS EMERGENCY RESPONSE PROGRAM 400,000 200,000 

Historical underexecution ............................................... [–200,000 ] 

160 RESET ..................................................................................... 3,687,973 3,687,973 

SUBTOTAL OPERATING FORCES ......................... 23,107,822 22,897,822 

ADMIN & SRVWIDE ACTIVITIES 

350 SERVICEWIDE TRANSPORTATION .................................. 3,238,310 3,238,310 

360 CENTRAL SUPPLY ACTIVITIES ........................................ 129,000 129,000 

380 AMMUNITION MANAGEMENT ......................................... 78,022 78,022 

420 OTHER PERSONNEL SUPPORT ........................................ 137,277 97,277 

Transfer to OPA OCO Line 061 at SOUTHCOM request ............................................................................. [–40,000 ] 

430 OTHER SERVICE SUPPORT ............................................... 72,293 72,293 

490 CLASSIFIED PROGRAMS .................................................... 1,828,717 1,828,717 

SUBTOTAL ADMIN & SRVWIDE ACTIVITIES .... 5,483,619 5,443,619 

TOTAL OPERATION & MAINTENANCE, 

ARMY ....................................................................... 28,591,441 28,341,441 

OPERATION & MAINTENANCE, NAVY 

OPERATING FORCES 

010 MISSION AND OTHER FLIGHT OPERATIONS ............... 937,098 937,098 

030 AVIATION TECHNICAL DATA & ENGINEERING 

SERVICES ........................................................................... 1,000 1,000 


dkrause on DSKHT7XVN1PROD with KATH
126 STAT. 2284 PUBLIC LAW 112–239—JAN. 2, 2013 

SEC. 4302. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Line Item FY 2013 

Request 

Conference 

Authorized 

040 AIR OPERATIONS AND SAFETY SUPPORT .................... 15,794 15,794 

050 AIR SYSTEMS SUPPORT ..................................................... 19,013 19,013 

060 AIRCRAFT DEPOT MAINTENANCE .................................. 201,912 201,912 

070 AIRCRAFT DEPOT OPERATIONS SUPPORT ................... 3,000 3,000 

080 AVIATION LOGISTICS ......................................................... 44,150 44,150 

090 MISSION AND OTHER SHIP OPERATIONS .................... 463,738 463,738 

100 SHIP OPERATIONS SUPPORT & TRAINING ................... 24,774 24,774 

110 SHIP DEPOT MAINTENANCE ............................................ 1,310,010 1,310,010 

130 COMBAT COMMUNICATIONS ........................................... 42,965 42,965 

160 WARFARE TACTICS ............................................................. 25,970 25,970 

170 OPERATIONAL METEOROLOGY AND OCEANOGRAPHY ................................................................................. 19,226 19,226 

180 COMBAT SUPPORT FORCES ............................................. 1,668,359 1,668,359 

190 EQUIPMENT MAINTENANCE ........................................... 7,954 7,954 

250 IN-SERVICE WEAPONS SYSTEMS SUPPORT ................. 94,655 94,655 

260 WEAPONS MAINTENANCE ................................................ 303,087 303,087 

290 SUSTAINMENT, RESTORATION AND MODERNIZATION .................................................................................... 3,218 3,218 

300 BASE OPERATING SUPPORT ............................................ 143,442 143,442 

SUBTOTAL OPERATING FORCES ......................... 5,329,365 5,329,365 

MOBILIZATION 

340 EXPEDITIONARY HEALTH SERVICES SYSTEMS ......... 31,395 31,395 

360 COAST GUARD SUPPORT ................................................... 254,461 254,461 

SUBTOTAL MOBILIZATION ..................................... 285,856 285,856 

TRAINING AND RECRUITING 

400 SPECIALIZED SKILL TRAINING ....................................... 50,903 50,903 

SUBTOTAL TRAINING AND RECRUITING ......... 50,903 50,903 

ADMIN & SRVWD ACTIVITIES 

480 ADMINISTRATION ............................................................... 1,377 1,377 

490 EXTERNAL RELATIONS ..................................................... 487 487 

510 MILITARY MANPOWER AND PERSONNEL MANAGEMENT .................................................................................. 6,022 6,022 

520 OTHER PERSONNEL SUPPORT ........................................ 3,514 3,514 

550 SERVICEWIDE TRANSPORTATION .................................. 184,864 184,864 

580 ACQUISITION AND PROGRAM MANAGEMENT ............ 2,026 2,026 

620 NAVAL INVESTIGATIVE SERVICE ................................... 1,425 1,425 

710 CLASSIFIED PROGRAMS .................................................... 14,556 14,556 

SUBTOTAL ADMIN & SRVWD ACTIVITIES ......... 214,271 214,271 

TOTAL OPERATION & MAINTENANCE, NAVY 5,880,395 5,880,395 

OPERATION & MAINTENANCE, MARINE CORPS 

OPERATING FORCES 

010 OPERATIONAL FORCES ..................................................... 1,921,258 1,921,258 

020 FIELD LOGISTICS ................................................................ 1,094,028 1,094,028 

030 DEPOT MAINTENANCE ...................................................... 222,824 222,824 

060 BASE OPERATING SUPPORT ............................................ 88,690 88,690 

SUBTOTAL OPERATING FORCES ......................... 3,326,800 3,326,800 

TRAINING AND RECRUITING 

110 TRAINING SUPPORT ........................................................... 215,212 215,212 

SUBTOTAL TRAINING AND RECRUITING ......... 215,212 215,212 

ADMIN & SRVWD ACTIVITIES 

150 SERVICEWIDE TRANSPORTATION .................................. 512,627 512,627 

190 CLASSIFIED PROGRAMS .................................................... 11,701 11,701 


dkrause on DSKHT7XVN1PROD with KATH
PUBLIC LAW 112–239—JAN. 2, 2013 126 STAT. 2285 

SEC. 4302. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Line Item FY 2013 

Request 

Conference 

Authorized 

SUBTOTAL ADMIN & SRVWD ACTIVITIES ......... 524,328 524,328 

TOTAL OPERATION & MAINTENANCE, MARINE CORPS .......................................................... 4,066,340 4,066,340 

OPERATION & MAINTENANCE, AIR FORCE 

OPERATING FORCES 

010 PRIMARY COMBAT FORCES .............................................. 1,494,144 1,494,144 

020 COMBAT ENHANCEMENT FORCES ................................. 809,531 809,531 

030 AIR OPERATIONS TRAINING (OJT, MAINTAIN 

SKILLS) ............................................................................... 13,095 13,095 

040 DEPOT MAINTENANCE ...................................................... 1,403,238 1,403,238 

050 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION ...................................................................... 155,954 155,954 

060 BASE SUPPORT .................................................................... 342,226 342,226 

070 GLOBAL C3I AND EARLY WARNING ............................... 15,108 15,108 

080 OTHER COMBAT OPS SPT PROGRAMS ........................... 271,390 271,390 

100 TACTICAL INTEL AND OTHER SPECIAL ACTIVITIES 25,400 25,400 

120 SPACE CONTROL SYSTEMS .............................................. 5,110 5,110 

130 COMBATANT COMMANDERS DIRECT MISSION SUPPORT ................................................................................... 52,173 52,173 

SUBTOTAL OPERATING FORCES ......................... 4,587,369 4,587,369 

MOBILIZATION 

150 AIRLIFT OPERATIONS ........................................................ 3,187,211 3,187,211 

160 MOBILIZATION PREPAREDNESS ..................................... 43,509 43,509 

170 DEPOT MAINTENANCE ...................................................... 554,943 554,943 

180 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION ...................................................................... 4,431 4,431 

190 BASE SUPPORT .................................................................... 9,256 9,256 

SUBTOTAL MOBILIZATION ..................................... 3,799,350 3,799,350 

TRAINING AND RECRUITING 

230 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION ...................................................................... 424 424 

240 BASE SUPPORT .................................................................... 1,036 1,036 

250 SPECIALIZED SKILL TRAINING ....................................... 10,923 10,923 

260 FLIGHT TRAINING .............................................................. 72 72 

270 PROFESSIONAL DEVELOPMENT EDUCATION ............. 323 323 

280 TRAINING SUPPORT ........................................................... 352 352 

SUBTOTAL TRAINING AND RECRUITING ......... 13,130 13,130 

ADMIN & SRVWD ACTIVITIES 

360 LOGISTICS OPERATIONS ................................................... 100,429 100,429 

390 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION ...................................................................... 47,200 47,200 

400 BASE SUPPORT .................................................................... 7,242 7,242 

410 ADMINISTRATION ............................................................... 1,552 1,552 

420 SERVICEWIDE COMMUNICATIONS ................................ 82,094 82,094 

430 OTHER SERVICEWIDE ACTIVITIES ................................ 582,977 582,977 

480 CLASSIFIED PROGRAMS .................................................... 20,270 20,270 

SUBTOTAL ADMIN & SRVWD ACTIVITIES ......... 841,764 841,764 

TOTAL OPERATION & MAINTENANCE, AIR 

FORCE ..................................................................... 9,241,613 9,241,613 

OPERATION & MAINTENANCE, DEFENSE-WIDE 

OPERATING FORCES 

010 JOINT CHIEFS OF STAFF .................................................. 2,000 2,000 


dkrause on DSKHT7XVN1PROD with KATH
126 STAT. 2286 PUBLIC LAW 112–239—JAN. 2, 2013 

SEC. 4302. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Line Item FY 2013 

Request 

Conference 

Authorized 

020 SPECIAL OPERATIONS COMMAND ................................. 2,503,060 2,503,060 

SUBTOTAL OPERATING FORCES ......................... 2,505,060 2,505,060 

ADMIN & SRVWD ACTIVITIES 

080 DEFENSE CONTRACT AUDIT AGENCY .......................... 30,674 30,674 

090 DEFENSE CONTRACT MANAGEMENT AGENCY .......... 69,803 69,803 

110 DEFENSE HUMAN RESOURCES ACTIVITY ................... 3,334 3,334 

120 DEFENSE INFORMATION SYSTEMS AGENCY .............. 152,925 152,925 

140 DEFENSE LEGAL SERVICES AGENCY ............................ 102,322 102,322 

160 DEFENSE MEDIA ACTIVITY .............................................. 10,823 10,823 

180 DEFENSE SECURITY COOPERATION AGENCY ............ 2,200,000 2,100,000 

Program Decrease—Coalition Support Funds .............. [–100,000 ] 

220 DEPARTMENT OF DEFENSE EDUCATION ACTIVITY 139,830 139,830 

260 OFFICE OF THE SECRETARY OF DEFENSE .................. 87,805 87,805 

280 CLASSIFIED PROGRAMS .................................................... 2,522,003 2,522,003 

SUBTOTAL ADMIN & SRVWD ACTIVITIES ......... 5,319,519 5,219,519 

TOTAL OPERATION & MAINTENANCE, DEFENSE-WIDE ......................................................... 7,824,579 7,724,579 

OPERATION & MAINTENANCE, ARMY RES 

OPERATING FORCES 

030 ECHELONS ABOVE BRIGADE ........................................... 78,600 78,600 

050 LAND FORCES OPERATIONS SUPPORT ......................... 20,811 20,811 

070 FORCE READINESS OPERATIONS SUPPORT ................ 20,726 20,726 

100 BASE OPERATIONS SUPPORT .......................................... 34,400 34,400 

SUBTOTAL OPERATING FORCES ......................... 154,537 154,537 

TOTAL OPERATION & MAINTENANCE, 

ARMY RES .............................................................. 154,537 154,537 

OPERATION & MAINTENANCE, NAVY RES 

OPERATING FORCES 

010 MISSION AND OTHER FLIGHT OPERATIONS ............... 24,834 24,834 

020 INTERMEDIATE MAINTENANCE ..................................... 300 300 

040 AIRCRAFT DEPOT MAINTENANCE .................................. 13,364 13,364 

060 MISSION AND OTHER SHIP OPERATIONS .................... 8,213 8,213 

080 SHIP DEPOT MAINTENANCE ............................................ 929 929 

100 COMBAT SUPPORT FORCES ............................................. 8,244 8,244 

140 BASE OPERATING SUPPORT ............................................ 40 40 

SUBTOTAL OPERATING FORCES ......................... 55,924 55,924 

TOTAL OPERATION & MAINTENANCE, NAVY 

RES ........................................................................... 55,924 55,924 

OPERATION & MAINTENANCE, MC RESERVE 

OPERATING FORCES 

010 OPERATING FORCES .......................................................... 22,657 22,657 

040 BASE OPERATING SUPPORT ............................................ 2,820 2,820 

SUBTOTAL OPERATING FORCES ......................... 25,477 25,477 

TOTAL OPERATION & MAINTENANCE, MC 

RESERVE ................................................................ 25,477 25,477 

OPERATION & MAINTENANCE, AF RESERVE 

OPERATING FORCES 

010 PRIMARY COMBAT FORCES .............................................. 7,600 7,600 

030 DEPOT MAINTENANCE ...................................................... 106,768 106,768 

050 BASE SUPPORT .................................................................... 6,250 6,250 


dkrause on DSKHT7XVN1PROD with KATH
PUBLIC LAW 112–239—JAN. 2, 2013 126 STAT. 2287 

SEC. 4302. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Line Item FY 2013 

Request 

Conference 

Authorized 

SUBTOTAL OPERATING FORCES ......................... 120,618 120,618 

TOTAL OPERATION & MAINTENANCE, AF 

RESERVE ................................................................ 120,618 120,618 

OPERATION & MAINTENANCE, ARNG 

OPERATING FORCES 

010 MANEUVER UNITS .............................................................. 38,485 38,485 

020 MODULAR SUPPORT BRIGADES ...................................... 1,959 1,959 

030 ECHELONS ABOVE BRIGADE ........................................... 20,076 20,076 

040 THEATER LEVEL ASSETS .................................................. 2,028 2,028 

060 AVIATION ASSETS ............................................................... 183,811 183,811 

070 FORCE READINESS OPERATIONS SUPPORT ................ 43,780 43,780 

100 BASE OPERATIONS SUPPORT .......................................... 70,237 70,237 

120 MANAGEMENT AND OPERATIONAL HQ’S ..................... 20,072 20,072 

SUBTOTAL OPERATING FORCES ......................... 380,448 380,448 

ADMIN & SRVWD ACTIVITIES 

160 SERVICEWIDE COMMUNICATIONS ................................ 2,000 2,000 

SUBTOTAL ADMIN & SRVWD ACTIVITIES ......... 2,000 2,000 

TOTAL OPERATION & MAINTENANCE, 

ARNG ....................................................................... 382,448 382,448 

OPERATION & MAINTENANCE, ANG 

OPERATING FORCES 

020 MISSION SUPPORT OPERATIONS .................................... 19,975 19,975 

SUBTOTAL OPERATING FORCES ......................... 19,975 19,975 

TOTAL OPERATION & MAINTENANCE, ANG 19,975 19,975 

AFGHANISTAN SECURITY FORCES FUND 

MINISTRY OF DEFENSE 

010 SUSTAINMENT ..................................................................... 2,523,825 2,523,825 

020 INFRASTRUCTURE .............................................................. 190,000 190,000 

030 EQUIPMENT AND TRANSPORTATION ............................ 241,521 241,521 

040 TRAINING AND OPERATIONS .......................................... 758,380 758,380 

SUBTOTAL MINISTRY OF DEFENSE .................... 3,713,726 3,713,726 

MINISTRY OF INTERIOR 

050 SUSTAINMENT ..................................................................... 1,305,950 1,305,950 

060 INFRASTRUCTURE .............................................................. 50,000 50,000 

070 EQUIPMENT AND TRANSPORTATION ............................ 84,859 84,859 

080 TRAINING AND OPERATIONS .......................................... 569,868 569,868 

SUBTOTAL MINISTRY OF INTERIOR ................... 2,010,677 2,010,677 

RELATED ACTIVITIES 

090 SUSTAINMENT ..................................................................... 18,325 18,325 

100 INFRASTRUCTUE ................................................................ 1,200 1,200 

110 EQUIPMENT & TRANSPORTATION ................................. 1,239 1,239 

120 TRAINING AND OPERATIONS .......................................... 4,000 4,000 

SUBTOTAL RELATED ACTIVITIES ....................... 24,764 24,764 

TOTAL AFGHANISTAN SECURITY FORCES 

FUND ....................................................................... 5,749,167 5,749,167 

AFGHANISTAN INFRASTRUCTURE FUND 

AFGHANISTAN INFRASTRUCTURE FUND 

010 POWER ................................................................................... 400,000 350,000 


dkrause on DSKHT7XVN1PROD with KATH
126 STAT. 2288 PUBLIC LAW 112–239—JAN. 2, 2013 

SEC. 4302. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Line Item FY 2013 

Request 

Conference 

Authorized 

Program Decrease ........................................................... [–50,000 ] 

SUBTOTAL AFGHANISTAN INFRASTRUCTURE 

FUND ........................................................................... 400,000 350,000 

TOTAL AFGHANISTAN INFRASTRUCTURE 

FUND ....................................................................... 400,000 350,000 

TOTAL OPERATION & MAINTENANCE ............ 62,512,514 62,112,514 

TITLE XLIV—MILITARY PERSONNEL 

SEC. 4401. MILITARY PERSONNEL. 

SEC. 4401. MILITARY PERSONNEL 

(In Thousands of Dollars) 

Item FY 2013 

Request 

Conference 

Authorized 

MILITARY PERSONNEL ............................................................. 135,111,799 135,777,368 

USMC military personnel in lieu of LAV funding ...... [129,729 ] 

Retain Global Hawk ...................................................... [22,000 ] 

Restore accrual payments to the Medicare eligible 

health care trust fund ................................................. [672,000 ] 

Unobligated balances ..................................................... [–295,250 ] 

Basic allowance for housing for members of the National Guard (Section 603) .......................................... [6,000 ] 

Retain 128 Air National Guard AGRs for two air sovereignty alert locations ................................................ [8,300 ] 

Retain Air National Guard Force Structure ................ [86,600 ] 

Retain Air Force Reserve Force Structure ................... [17,100 ] 

SEC. 4402. MILITARY PERSONNEL FOR OVERSEAS CONTINGENCY 

OPERATIONS. 

SEC. 4402. MILITARY PERSONNEL FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Item FY 2013 

Request 

Conference 

Authorized 

MILITARY PERSONNEL ............................................................. 14,060,094 14,055,094 

Navy identified excess to requirement ......................... [–5,000 ] 

TITLE XLV—OTHER AUTHORIZATIONS 

SEC. 4501. OTHER AUTHORIZATIONS. 

SEC. 4501. OTHER AUTHORIZATIONS 

(In Thousands of Dollars) 

Program Title FY 2013 

Request 

Conference 

Authorized 

WORKING CAPITAL FUND, ARMY 

PREPOSITIONED WAR RESERVE STOCKS ............................ 60,037 60,037 

TOTAL WORKING CAPITAL FUND, ARMY ................ 60,037 60,037 

WORKING CAPITAL FUND, AIR FORCE 

CONTAINER DECONSOLIDATION 


dkrause on DSKHT7XVN1PROD with KATH
PUBLIC LAW 112–239—JAN. 2, 2013 126 STAT. 2289 

SEC. 4501. OTHER AUTHORIZATIONS 

(In Thousands of Dollars) 

Program Title FY 2013 

Request 

Conference 

Authorized 

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 

T-AKE 

MPF MLP ....................................................................................... 38,000 38,000 

POST DELIVERY AND OUTFITTING ....................................... 39,386 39,386 

NATIONAL DEF SEALIFT VESSEL 

LG MED SPD RO/RO MAINTENANCE ..................................... 128,819 128,819 

DOD MOBILIZATION ALTERATIONS ...................................... 26,598 26,598 

TAH MAINTENANCE .................................................................. 29,199 29,199 

RESEARCH AND DEVELOPMENT ........................................... 42,811 42,811 

READY RESERVE FORCE .......................................................... 303,323 303,323 

TOTAL NATIONAL DEFENSE SEALIFT FUND ........ 608,136 608,136 

DEFENSE HEALTH PROGRAM 

IN-HOUSE CARE .......................................................................... 8,625,507 8,625,507 

PRIVATE SECTOR CARE ............................................................ 16,148,263 15,788,263 

Pilot program for treatment of Autism ........................ [40,000 ] 

TRICARE historical underexecution ............................ [–400,000 ] 

CONSOLIDATED HEALTH SUPPORT ...................................... 2,309,185 2,309,185 

INFORMATION MANAGEMENT ............................................... 1,465,328 1,465,328 

MANAGEMENT ACTIVITIES ..................................................... 332,121 332,121 

EDUCATION AND TRAINING ................................................... 722,081 722,081 

BASE OPERATIONS/COMMUNICATIONS ............................... 1,746,794 1,746,794 

UNDISTRIBUTED, OPERATION & MAINTENANCE ............. 452,000 

Restore estimated savings in TRICARE Prime and 

Standard enrollment fees and deductables for 

TRICARE Standard ..................................................... [273,000 ] 

Restore pharmacy co-pay estimated savings ............... [179,000 ] 

RDT&E ........................................................................................... 672,977 672,977 

PROCUREMENT .......................................................................... 506,462 506,462 

TOTAL DEFENSE HEALTH PROGRAM ...................... 32,528,718 32,620,718 

CHEM AGENTS & MUNITIONS DESTRUCTION 

OPERATION & MAINTENANCE ............................................... 635,843 635,843 

RDT&E ........................................................................................... 647,351 647,351 

PROCUREMENT .......................................................................... 18,592 18,592 

TOTAL CHEM AGENTS & MUNITIONS 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 .............................. 109,818 135,718 

Authorization increase expanded drug testing ............ [25,900 ] 

TOTAL DRUG INTERDICTION & CTR-DRUG ACTIVITIES, DEF ................................................................. 999,363 1,025,263 

OFFICE OF THE INSPECTOR GENERAL 


dkrause on DSKHT7XVN1PROD with KATH
126 STAT. 2290 PUBLIC LAW 112–239—JAN. 2, 2013 

SEC. 4501. OTHER AUTHORIZATIONS 

(In Thousands of Dollars) 

Program Title FY 2013 

Request 

Conference 

Authorized 

OPERATION & MAINTENANCE ............................................... 272,821 331,921 

DoD IG growth plan ...................................................... [59,100 ] 

RDT&E 

PROCUREMENT .......................................................................... 1,000 1,000 

TOTAL OFFICE OF THE INSPECTOR GENERAL .... 273,821 332,921 

TOTAL OTHER AUTHORIZATIONS ............................. 37,228,008 37,405,008 

SEC. 4502. OTHER AUTHORIZATIONS FOR OVERSEAS CONTINGENCY 

OPERATIONS. 

SEC. 4502. OTHER AUTHORIZATIONS FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Program Title FY 2013 

Request 

Conference 

Authorized 

WORKING CAPITAL FUND, ARMY 

PREPOSITIONED WAR RESERVE STOCKS .................................... 42,600 42,600 

TOTAL WORKING CAPITAL FUND, ARMY ........................ 42,600 42,600 

WORKING CAPITAL FUND, AIR FORCE 

C–17 CLS ENGINE REPAIR ............................................................... 230,400 230,400 

TRANSPORTATION FALLEN HEROES ............................................ 10,000 10,000 

TOTAL WORKING CAPITAL FUND, AIR FORCE ............. 240,400 240,400 

WORKING CAPITAL FUND, DEFENSE-WIDE 

DEFENSE LOGISTICS AGENCY (DLA) ............................................ 220,364 220,364 

TOTAL WORKING CAPITAL FUND, DEFENSE-WIDE .... 220,364 220,364 

DEFENSE HEALTH PROGRAM 

IN-HOUSE CARE .................................................................................. 483,326 483,326 

PRIVATE SECTOR CARE .................................................................... 376,982 376,982 

CONSOLIDATED HEALTH SUPPORT .............................................. 111,675 111,675 

INFORMATION MANAGEMENT ....................................................... 4,773 4,773 

MANAGEMENT ACTIVITIES ............................................................. 660 660 

EDUCATION AND TRAINING ........................................................... 15,370 15,370 

BASE OPERATIONS/COMMUNICATIONS ....................................... 1,112 1,112 

TOTAL DEFENSE HEALTH PROGRAM .............................. 993,898 993,898 

DRUG INTERDICTION & CTR-DRUG ACTIVITIES, DEF 

DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, 

DEFENSE ........................................................................................... 469,025 469,025 

TOTAL DRUG INTERDICTION & CTR-DRUG ACTIVITIES, DEF .................................................................................. 469,025 469,025 

OFFICE OF THE INSPECTOR GENERAL 

OPERATION & MAINTENANCE ....................................................... 10,766 10,766 

TOTAL OFFICE OF THE INSPECTOR GENERAL ............ 10,766 10,766 

TOTAL OTHER AUTHORIZATIONS ..................................... 1,977,053 1,977,053 


dkrause on DSKHT7XVN1PROD with KATH
PUBLIC LAW 112–239—JAN. 2, 2013 126 STAT. 2291 

TITLE XLVI—MILITARY CONSTRUCTION 

SEC. 4601. MILITARY CONSTRUCTION. 

SEC. 4601. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/Country and 

Installation Project Title FY 2013 Request 

Conference 

Authorized 

Alaska 

Army Fort Wainwright Modified Record Fire Range ..................... 10,400 10,400 

Army Joint Base Elmendorf-Richardson 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 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 Automated Combat Pistol Qual Crse ...... 3,650 3,650 

Army Fort Stewart Digital Multipurpose Training Range ..... 22,000 22,000 

Army Fort Stewart 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 Unmanned Aerial Vehicle Complex ........ 12,200 12,200 

Kentucky 

Army Fort Campbell Battalion Headquarters Complex ............ 55,000 55,000 

Army Fort Campbell Live Fire Exercise Shoothouse ................. 3,800 3,800 

Army Fort Campbell 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 


dkrause on DSKHT7XVN1PROD with KATH
126 STAT. 2292 PUBLIC LAW 112–239—JAN. 2, 2013 

SEC. 4601. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/Country and 

Installation Project Title FY 2013 Request 

Conference 

Authorized 

Army U.S. Military 

Academy 

Cadet Barracks, Inc 1 ............................... 192,000 86,000 

North Carolina 

Army Fort Bragg Aerial Gunnery Range .............................. 42,000 42,000 

Army Fort Bragg Infrastructure ............................................ 30,000 0 

Army Fort Bragg Unmanned Aerial Vehicle Complex ........ 26,000 26,000 

Oklahoma 

Army Fort Sill Modified Record Fire Range ..................... 4,900 4,900 

South Carolina 

Army Fort Jackson Trainee Barracks Complex 2, Ph 2 ......... 24,000 24,000 

Texas 

Army Corpus Christi Aircraft Component Maintenance Shop .. 13,200 13,200 

Army Corpus Christi Aircraft Paint Shop ................................... 24,000 24,000 

Army Fort Bliss Multipurpose Machine Gun Range .......... 7,200 7,200 

Army Fort Hood Modified Record Fire Range ..................... 4,200 4,200 

Army Fort Hood Training Aids Center ................................ 25,000 25,000 

Army Fort Hood Unmanned Aerial Vehicle Complex ........ 22,000 22,000 

Army Joint Base San 

Antonio 

Barracks .................................................... 21,000 21,000 

Virginia 

Army Arlington Cemetery Expansion Millennium Site .... 84,000 0 

Army Fort Belvoir Secure Admin/Operations Facility ........... 94,000 94,000 

Army Fort Lee Adv Individual Training Barracks Cplx, 

Ph2.

81,000 81,000 

Washington 

Army 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 46,173 

Total Military Construction, Army .............................................................. 1,923,323 1,684,323 

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 9,819 

Navy Sw Asia Transient Quarters ................................... 41,529 41,529 

California 

Navy Camp Pendleton Comm. Information Systems Ops Complex.78,897 78,897 

Navy Camp Pendleton Mv22 Aviation Simulator Building ......... 4,139 4,139 

Navy Camp Pendleton San Jacinto Road Extension .................... 5,074 5,074 

Navy Coronado Bachelor Quarters ..................................... 76,063 76,063 

Navy Coronado H–60s Simulator Training 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 

Land Expansion Phase 2 .......................... 47,270 47,270 

Diego Garcia 


dkrause on DSKHT7XVN1PROD with KATH
PUBLIC LAW 112–239—JAN. 2, 2013 126 STAT. 2293 

SEC. 4601. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/Country and 

Installation Project Title FY 2013 Request 

Conference 

Authorized 

Navy Diego Garcia Communications Infrastructure .............. 1,691 1,691 

Djibouti 

Navy Camp Lemonnier Containerized Living and Work Units .... 7,510 0 

Navy Camp Lemonnier Fitness Center ........................................... 26,960 0 

Navy Camp Lemonnier Galley Addition and Warehouse .............. 22,220 0 

Navy Camp Lemonnier 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 32,670 

North Carolina 

Navy Camp Lejeune Base Access and Road—Phase 3 ............. 40,904 40,904 

Navy Camp Lejeune 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 


dkrause on DSKHT7XVN1PROD with KATH
126 STAT. 2294 PUBLIC LAW 112–239—JAN. 2, 2013 

SEC. 4601. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/Country and 

Installation Project Title FY 2013 Request 

Conference 

Authorized 

Navy Yorktown Supply Warehouse Facility ...................... 8,939 8,939 

Washington 

Navy Kitsap Explosives Handling Wharf #2 (Inc) ....... 280,041 254,241 

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 1,573,884 

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.

161,000 128,000 

New Mexico 

AF Holloman AFB Mq–9 Maintenance Hangar ..................... 25,000 25,000 

North Dakota 

AF Minot AFB B–52 Add/Alter Munitions Age Facility .. 4,600 4,600 

Texas 

AF Joint Base San 

Antonio 

Dormitory (144 Rm) .................................. 18,000 18,000 

Utah 

AF Hill AFB F–35 Adal 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 Lajes AFB Sanitary Sewer Lift/Pump Station .......... 2,000 2,000 

AF Rota Transient Aircraft Hangars ..................... 15,032 0 

AF Rota Transient Contingency Dormitory—100 

Rm.

17,625 0 

AF Unspecified 

Worldwide Locations 

Planning and Design ................................ 18,635 18,635 

AF Various Worldwide Locations Unspecified Minor Construction .............. 18,200 18,200 

Total Military Construction, Air Force ...................................................... 388,200 322,543 

Arizona 

Def-Wide Marana SOF Parachute Training Facility ............ 6,477 6,477 


dkrause on DSKHT7XVN1PROD with KATH
PUBLIC LAW 112–239—JAN. 2, 2013 126 STAT. 2295 

SEC. 4601. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/Country and 

Installation Project Title FY 2013 Request 

Conference 

Authorized 

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 

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 


dkrause on DSKHT7XVN1PROD with KATH
126 STAT. 2296 PUBLIC LAW 112–239—JAN. 2, 2013 

SEC. 4601. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/Country and 

Installation Project Title FY 2013 Request 

Conference 

Authorized 

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 

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.

300,521 225,521 

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 70,481 

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 (Inc 1).

157,900 120,000 

South Carolina 

Def-Wide Shaw AFB Medical Clinic Replacement ..................... 57,200 57,200 

Texas 

Def-Wide Fort Bliss Hospital Replacement Incr 4 ................... 207,400 132,400 

Def-Wide Joint Base San 

Antonio 

Ambulatory Care Center Phase 3 Incr ... 80,700 26,400 

Def-Wide Red River Army 

Depot 

Dfas Facility .............................................. 16,715 16,715 

United Kingdom 


dkrause on DSKHT7XVN1PROD with KATH
PUBLIC LAW 112–239—JAN. 2, 2013 126 STAT. 2297 

SEC. 4601. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/Country and 

Installation Project Title FY 2013 Request 

Conference 

Authorized 

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 ................................ 105,700 105,700 

Def-Wide Unspecified 

Worldwide Locations 

Planning and Design ................................ 47,978 47,978 

Def-Wide Unspecified 

Worldwide Locations 

Planning and Design ................................ 7,928 7,928 

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 ................................ 8,300 8,300 

Def-Wide Unspecified 

Worldwide Locations 

Planning and Design ................................ 27,620 27,620 

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 


dkrause on DSKHT7XVN1PROD with KATH
126 STAT. 2298 PUBLIC LAW 112–239—JAN. 2, 2013 

SEC. 4601. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/Country and 

Installation Project Title FY 2013 Request 

Conference 

Authorized 

Def-Wide Unspecified 

Worldwide Locations 

Unspecified Minor Construction .............. 3,000 3,000 

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 Milcon ........................ 3,000 3,000 

Total Military Construction, Defense-Wide .............................................. 3,654,623 3,432,423 

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 


dkrause on DSKHT7XVN1PROD with KATH
PUBLIC LAW 112–239—JAN. 2, 2013 126 STAT. 2299 

SEC. 4601. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/Country and 

Installation Project Title FY 2013 Request 

Conference 

Authorized 

Army NG Camp Grayling Operational Readiness Training Complex (Ortc) Barracks.0 0 

Minnesota 

Army NG Arden Hills Readiness Center ...................................... 0 17,000 

Army NG Camp Ripley Scout Reconnaisance Range ..................... 17,000 17,000 

Army NG St Paul Readiness Center ...................................... 17,000 0 

Missouri 

Army NG Fort Leonard 

Wood 

Regional Training Institute ..................... 18,000 18,000 

Army NG Kansas City Readiness Center Add/Alt ........................ 1,900 1,900 

Army NG Monett Readiness Center Add/Alt ........................ 820 820 

Army NG Perryville Readiness Center Add/Alt ........................ 700 700 

Montana 

Army NG Miles City Readiness Center ...................................... 11,000 11,000 

New Jersey 

Army NG Sea Girt Regional Training Institute ..................... 34,000 34,000 

New York 

Army NG Stormville Combined Support Maint Shop 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 


dkrause on DSKHT7XVN1PROD with KATH
126 STAT. 2300 PUBLIC LAW 112–239—JAN. 2, 2013 

SEC. 4601. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/Country and 

Installation Project Title FY 2013 Request 

Conference 

Authorized 

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 

Louisiana 

N/MC Res New Orleans Transient Quarters ................................... 7,187 7,187 

New York 

N/MC Res Brooklyn Vehicle Maint. Fac.—Brooklyn NY ......... 4,430 4,430 

Texas 

N/MC Res Fort Worth Commercial Vehicle Inspection Site ........ 11,256 11,256 

Worldwide Unspecified 

N/MC Res Unspecified 

Worldwide Locations 

Planning and Design ................................ 2,118 2,118 

Total Military Construction, Naval Reserve ............................................. 49,532 49,532 

California 

Air NG Fresno Yosemite 

IAP ANG 

F–15 Conversion ....................................... 11,000 11,000 

Hawaii 

Air NG Joint Base Pearl 

Harbor-Hickam 

TFI—F–22 Combat Apron Addition ........ 6,500 6,500 

New Mexico 

Air NG Kirtland AFB Alter Target Intelligence Facility ............ 8,500 8,500 

Tennessee 

Air NG Mcghee-Tyson 

Airport 

Dormitory Classroom Facility .................. 0 0 

Worldwide Unspecified 

Air NG Various Worldwide Locations Planning and Design ................................ 4,000 4,000 


dkrause on DSKHT7XVN1PROD with KATH
PUBLIC LAW 112–239—JAN. 2, 2013 126 STAT. 2301 

SEC. 4601. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/Country and 

Installation Project Title FY 2013 Request 

Conference 

Authorized 

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 And 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 


dkrause on DSKHT7XVN1PROD with KATH
126 STAT. 2302 PUBLIC LAW 112–239—JAN. 2, 2013 

SEC. 4601. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/Country and 

Installation Project Title FY 2013 Request 

Conference 

Authorized 

Total Family Housing Construction, Air Force ....................................... 83,824 83,824 

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 And 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 


dkrause on DSKHT7XVN1PROD with KATH
PUBLIC LAW 112–239—JAN. 2, 2013 126 STAT. 2303 

SEC. 4601. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/Country and 

Installation Project Title FY 2013 Request 

Conference 

Authorized 

FH Ops Navy Unspecified 

Worldwide Locations 

Utilities Account ....................................... 80,860 80,860 

Total Family Housing Operation And Maintenance, Navy And Marine Corps.378,230 378,230 

Worldwide Unspecified 

FH Ops DW Unspecified 

Worldwide Locations 

Furnishings Account ................................. 20 20 

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 

Leasing ....................................................... 10,822 10,822 

FH Ops DW Unspecified 

Worldwide Locations 

Leasing ....................................................... 35,333 35,333 

FH Ops DW Unspecified 

Worldwide Locations 

Maintenance of Real Property ................. 73 73 

FH Ops DW Unspecified 

Worldwide Locations 

Maintenance of Real Property ................. 567 567 

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 ....................................... 12 12 

FH Ops DW Unspecified 

Worldwide Locations 

Utilities Account ....................................... 283 283 

Total Family Housing Operation And Maintenance, Defense-Wide ... 52,238 52,238 

Worldwide Unspecified 

FHIF Unspecified 

Worldwide Locations 

Family Housing Improvement Fund ....... 1,786 1,786 

Total DOD Family Housing Improvement Fund ...................................... 1,786 1,786 

Worldwide Unspecified 

BRAC 05 Unspecified 

Worldwide Locations 

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 


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126 STAT. 2304 PUBLIC LAW 112–239—JAN. 2, 2013 

SEC. 4601. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/Country and 

Installation Project Title FY 2013 Request 

Conference 

Authorized 

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 605 605 

BRAC 05 Unspecified 

Worldwide Locations 

Program Management Various Locations 20,453 20,453 

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 


dkrause on DSKHT7XVN1PROD with KATH
PUBLIC LAW 112–239—JAN. 2, 2013 126 STAT. 2305 

SEC. 4601. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/Country and 

Installation Project Title FY 2013 Request 

Conference 

Authorized 

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 –132,513 

PYS Unspecified 

Worldwide Locations 

Contingency Construction ........................ 0 –20,000 

Total Prior Year Savings ............................................................................... 0 –152,513 

Worldwide Unspecified 

GR Unspecified 

Worldwide Locations 

Civilian Pay Raise Reduction .................. 0 –2,334 

Total General Reductions .............................................................................. 0 –2,334 

Total Military Construction, Base Funding .............................................. 11,222,710 10,412,905 

SEC. 4602. MILITARY CONSTRUCTION FOR OVERSEAS CONTINGENCY 

OPERATIONS. 

SEC. 4602. MILITARY CONSTRUCTION FOR OVERSEAS CONTIGENCY OPERATIONS 

(In Thousands of Dollars) 

Service Country and Location Project FY 2013 

Request 

Conference 

Authorized 

Navy Sw Asia ........................... Combined Dining Facility .............................. 0 0 

Navy Sw Asia ........................... Transient Quarters ......................................... 0 0 

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 99,420 

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 


dkrause on DSKHT7XVN1PROD with KATH
126 STAT. 2306 PUBLIC LAW 112–239—JAN. 2, 2013 

SEC. 4602. MILITARY CONSTRUCTION FOR OVERSEAS CONTIGENCY OPERATIONS 

(In Thousands of Dollars) 

Service Country and Location Project FY 2013 

Request 

Conference 

Authorized 

Total Military Construction, OCO Funding ................................................ 0 –51,348 

TITLE XLVII—DEPARTMENT OF ENERGY 

NATIONAL SECURITY PROGRAMS 

SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS. 

SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS 

(In Thousands of Dollars) 

Program FY 2013 

Request 

Conference 

Authorized 

Discretionary Summary By Appropriation 

Energy And Water Development, And Related Agencies 

Appropriation Summary: 

Energy Programs 

Electricity delivery and energy reliability ................... 6,000 0 

Atomic Energy Defense Activities 

National nuclear security administration: 

Weapons activities .................................................. 7,577,341 7,657,921 

Defense nuclear nonproliferation .......................... 2,458,631 2,485,631 

Naval reactors ......................................................... 1,088,635 1,088,635 

Office of the administrator ..................................... 411,279 382,000 

Total, National nuclear security administration 11,535,886 11,614,187 

Environmental and other defense activities: 

Defense environmental cleanup ............................. 5,472,001 5,009,001 

Other defense activities .......................................... 735,702 731,299 

Total, Environmental & other defense activities 6,207,703 5,740,300 

Total, Atomic Energy Defense Activities ..................... 17,743,589 17,354,487 

Total, Discretionary Funding ....................................................... 17,749,589 17,354,487 

Electricity Delivery & Energy Reliability 

Electricity Delivery & Energy Reliability 

Infrastructure security & energy restoration ..................... 6,000 0 

Weapons Activities 

Directed stockpile work 

Life extension programs 

B61 Life extension program .......................................... 369,000 369,000 

W76 Life extension program ......................................... 174,931 219,931 

Total, Life extension programs ...................................... 543,931 588,931 

Stockpile assessment and design 

W78 Life extension study .............................................. 0 

W88 Alt 370 .................................................................... 0 

Total, Stockpile assessment and design ...................... 0 0 

Stockpile systems 

Stockpile systems ........................................................... 0 

B61 Stockpile systems ................................................... 72,364 72,364 

W76 Stockpile systems .................................................. 65,445 65,445 

W78 Stockpile systems .................................................. 139,207 139,207 

W80 Stockpile systems .................................................. 46,540 46,540 

B83 Stockpile systems ................................................... 57,947 57,947 

W87 Stockpile systems .................................................. 85,689 85,689 

W88 Stockpile systems .................................................. 123,217 123,217 


dkrause on DSKHT7XVN1PROD with KATH
PUBLIC LAW 112–239—JAN. 2, 2013 126 STAT. 2307 

SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS 

(In Thousands of Dollars) 

Program FY 2013 

Request 

Conference 

Authorized 

Total, Stockpile systems ................................................... 590,409 590,409 

Weapons dismantlement and disposition 

Operations and maintenance ........................................ 51,265 51,265 

Stockpile services 

Production support ......................................................... 365,405 371,405 

Research and development support .............................. 28,103 28,103 

R&D certification and safety ......................................... 191,632 199,632 

Management, technology, and production ................... 175,844 175,844 

Plutonium sustainment ................................................. 141,685 141,685 

Total, Stockpile services .................................................. 902,669 916,669 

Total, Directed stockpile work .............................................. 2,088,274 2,147,274 

Campaigns: 

Science campaign 

Advanced certification ................................................... 44,104 54,104 

Primary assessment technologies ................................. 94,000 99,000 

Dynamic materials properties ....................................... 97,000 106,000 

Advanced radiography ................................................... 30,000 30,000 

Secondary assessment technologies .............................. 85,000 85,000 

Total, Science campaign .................................................. 350,104 374,104 

Engineering campaign 

Enhanced surety ............................................................ 46,421 54,421 

Weapon systems engineering assessment technology 18,983 18,983 

Nuclear survivability ..................................................... 21,788 21,788 

Enhanced surveillance ................................................... 63,379 63,379 

Total, Engineering campaign ......................................... 150,571 158,571 

Inertial confinement fusion ignition and high yield 

campaign 

Diagnostics, cryogenics and experimental support ..... 81,942 81,942 

Ignition ........................................................................... 84,172 84,172 

Support of other stockpile programs ............................ 14,817 14,817 

NIF diagnostics, cryogenics and experimental support .............................................................................. 0 0 

Pulsed power inertial confinement fusion .................... 6,044 6,044 

Joint program in high energy density laboratory 

plasmas ....................................................................... 8,334 8,334 

Facility operations and target production .................... 264,691 264,691 

Total, Inertial confinement fusion and high yield 

campaign .......................................................................... 460,000 460,000 

Advanced simulation and computing campaign ................. 600,000 600,000 

Readiness Campaign 

Stockpile readiness ........................................................ 0 0 

High explosives and weapon operations ...................... 0 0 

Nonnuclear readiness .................................................... 64,681 64,681 

Tritium readiness ........................................................... 65,414 65,414 

Advanced design and production technologies ............ 0 0 

Total, Readiness campaign ............................................. 130,095 130,095 

Total, Campaigns ...................................................................... 1,690,770 1,722,770 

Readiness in technical base and facilities (RTBF) 

Operations of facilities 

Kansas City Plant ................................................... 163,602 163,602 

Lawrence Livermore National Laboratory ........... 89,048 89,048 


dkrause on DSKHT7XVN1PROD with KATH
126 STAT. 2308 PUBLIC LAW 112–239—JAN. 2, 2013 

SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS 

(In Thousands of Dollars) 

Program FY 2013 

Request 

Conference 

Authorized 

Los Alamos National Laboratory ........................... 335,978 335,978 

Nevada National Security Site .............................. 115,697 115,697 

Pantex ...................................................................... 172,020 172,020 

Sandia National Laboratory .................................. 167,384 167,384 

Savannah River Site ............................................... 120,577 120,577 

Y–12 National security complex ............................ 255,097 255,097 

Institutional site support ....................................... 0 0 

Total, Operations of facilities ......................................... 1,419,403 1,419,403 

Program Readiness ............................................................... 0 0 

Science, technology and engineering capability support .... 166,945 166,945 

Maintenance and repair of facilities .................................... 0 0 

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 

07–D–140 Project engineering and design (PED) various locations .............................................................. 0 0 

06–D–140 Project engineering design (PED) various 

locations ...................................................................... 0 0 

06–D–141 PED/Construction, Uranium Capabilities 

Replacement Project Y–12 , Oak Ridge, TN ............ 340,000 0 

06–D–141 PED/Construction, Uranium Capabilities 

Replacement Project Y–12 , Phase 1, Oak Ridge, 

TN ................................................................................ 0 340,000 

04–D–125 Chemistry and metallurgy facility replacement project, Los Alamos National Laboratory, Los 

Alamos, NM ................................................................ 0 0 

Total, Construction ........................................................... 450,134 450,134 

Total, Readiness in technical base and facilities ............. 2,239,828 2,239,828 

Secure transportation asset 

Operations and equipment ................................................... 114,965 114,965 

Program direction ................................................................. 104,396 104,396 

Total, Secure transportation asset ....................................... 219,361 219,361 

Nuclear counterterrorism incident response .............................. 247,552 247,552 

Site stewardship 

Operations and maintenance ............................................... 90,001 79,581 

Construction 

11–D–601 Sanitary effluent reclamation facility, 

LANL ........................................................................... 0 0 

Total, Site stewardship ............................................................ 90,001 79,581 

Defense nuclear security 

Operations and maintenance ............................................... 643,285 643,285 


dkrause on DSKHT7XVN1PROD with KATH
PUBLIC LAW 112–239—JAN. 2, 2013 126 STAT. 2309 

SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS 

(In Thousands of Dollars) 

Program FY 2013 

Request 

Conference 

Authorized 

NNSA CIO activities .................................................................... 155,022 155,022 

Legacy contractor pensions .......................................................... 185,000 185,000 

Science, Technology and Engineering Capability ...................... 0 0 

National security applications ..................................................... 18,248 18,248 

Subtotal, Weapons activities ......................................................... 7,577,341 7,657,921 

Rescission ............................................................................................. 0 

Total, Weapons Activities ............................................................... 7,577,341 7,657,921 

Defense Nuclear Nonproliferation 

Nonproliferation and verification R&D 

Operations and maintenance ............................................... 398,186 398,186 

Domestic Enrichment R&D .................................................. 150,000 150,000 

Subtotal, Nonproliferation and verification R&D ............ 548,186 548,186 

Nonproliferation and international security .............................. 150,119 150,119 

International nuclear materials protection and cooperation .... 311,000 311,000 

Fissile materials disposition 

U.S. surplus fissile materials disposition 

Operations and maintenance 

U.S. plutonium disposition ..................................... 498,979 498,979 

U.S. uranium disposition ....................................... 29,736 29,736 

Total, Operations and maintenance ...................... 528,715 528,715 

Construction: 

99–D–143 Mixed oxide fuel fabrication facility, 

Savannah River, SC ............................................ 388,802 388,802 

99–D–141–01 Pit disassembly and conversion facility, Savannah River, SC ................................. 0 0 

99–D–141–02 Waste Solidification Building, Savannah River, SC ................................................ 0 0 

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 

Subtotal, Defense Nuclear Nonproliferation ............................ 2,458,631 2,507,211 

Rescission ............................................................................................. 0 

Total, Defense Nuclear Nonproliferation .................................. 2,458,631 2,485,631 

Naval Reactors 

Naval reactors development ........................................................ 418,072 418,072 

Ohio replacement reactor systems development ........................ 89,700 89,700 

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 


dkrause on DSKHT7XVN1PROD with KATH
126 STAT. 2310 PUBLIC LAW 112–239—JAN. 2, 2013 

SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS 

(In Thousands of Dollars) 

Program FY 2013 

Request 

Conference 

Authorized 

10-D–903, Security upgrades, KAPL ................................... 19,000 19,000 

10-D–904, NRF infrastructure upgrades, Idaho ................. 0 0 

09–D–902, NRF Office Building #2 ECC Upgrade, Idaho 0 0 

08–D–190 Expended Core Facility M–290 recovering discharge station, Naval Reactor Facility, ID ...................... 5,700 5,700 

07–D–190 Materials research technology complex 

(MRTC) ............................................................................... 0 0 

Total, Construction .................................................................. 49,590 49,590 

Program direction ......................................................................... 43,212 43,212 

Subtotal, Naval Reactors ................................................................ 1,088,635 1,088,635 

Adjustments: 

Rescission of prior year balances ......................................... 0 0 

Total, Naval Reactors ...................................................................... 1,088,635 1,088,635 

Office Of The Administrator 

Office of the administrator .......................................................... 411,279 382,000 

Total, Office Of The Administrator ............................................. 411,279 382,000 

Defense Environmental Cleanup 

Closure sites: 

Closure sites administration ................................................ 1,990 1,990 

Hanford site: 

River corridor and other cleanup 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 ........................................................................ 0 0 

OR Nuclear facility D & D ................................................... 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 


dkrause on DSKHT7XVN1PROD with KATH
PUBLIC LAW 112–239—JAN. 2, 2013 126 STAT. 2311 

SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS 

(In Thousands of Dollars) 

Program FY 2013 

Request 

Conference 

Authorized 

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 20,000 

Uranium enrichment D&D fund contribution ........................... 463,000 0 

Subtotal, Defense environmental cleanup ................................. 5,494,124 5,031,124 

Adjustments 

Use of prior year balances ........................................... –12,123 –12,123 

Use of unobligated balances ......................................... –10,000 –10,000 

Rescission 

Total, Adjustments .................................................................... –22,123 –22,123 

Total, Defense Environmental Cleanup ..................................... 5,472,001 5,009,001 

Other Defense Activities 

Health, safety and security 

Health, safety and security .................................................. 139,325 139,325 

Program direction ................................................................. 106,175 106,175 

Undistributed adjustment .................................................... –4,403 

Total, Health, safety and security ........................................ 245,500 241,097 

Specialized security activities ...................................................... 188,619 188,619 

Office of Legacy Management 

Legacy management ............................................................. 164,477 164,477 

Program direction ................................................................. 13,469 13,469 

Total, Office of Legacy Management ................................... 177,946 177,946 


dkrause on DSKHT7XVN1PROD with KATH
126 STAT. 2312 PUBLIC LAW 112–239—JAN. 2, 2013 

LEGISLATIVE HISTORY—H.R. 4310 (S. 3254): 

HOUSE REPORTS: Nos. 112–479, Pt. 1 and 2 (Comm. on Armed Services) and

112–705 (Comm. of Conference). 

SENATE REPORTS: No. 112–173 (Comm. on Armed Services) accompanying

S. 3254. 

CONGRESSIONAL RECORD, Vol. 158 (2012): 

May 16–18, considered and passed House. 

Dec. 4, considered and passed Senate, amended, in lieu of S. 3254. 

Dec. 12, Senate vitiated passage; reconsidered and passed, amended. 

Dec. 20, House agreed to conference report. 

Dec. 21, Senate agreed to conference report. 

DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2013): 

Jan. 3, Presidential statement. 

Æ 

SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS 

(In Thousands of Dollars) 

Program FY 2013 

Request 

Conference 

Authorized 

Defense-related activities 

Infrastructure 

Idaho sitewide safeguards and security ....................... 0 0 

Defense related administrative support ..................................... 118,836 118,836 

Office of hearings and appeals .................................................... 4,801 4,801 

Subtotal, Other defense activities ............................................... 735,702 731,299 

Total, Other Defense Activities .................................................... 735,702 731,299 

Approved January 2, 2013. 


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